jani anglorum facies nova, or, several monuments of antiquity touching the great councils of the kingdom and the court of the kings immediate tenants and officers from the first of william the first, to the forty ninth of henry the third, reviv'd and clear'd : wherein the sense of the common-council of the kingdom mentioned in king john's charter, and of the laws ecclesiastical, or civil, concerning clergy-men's voting in capital cases is submitted to the judgement of the learned. atwood, william, d. ? approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) jani anglorum facies nova, or, several monuments of antiquity touching the great councils of the kingdom and the court of the kings immediate tenants and officers from the first of william the first, to the forty ninth of henry the third, reviv'd and clear'd : wherein the sense of the common-council of the kingdom mentioned in king john's charter, and of the laws ecclesiastical, or civil, concerning clergy-men's voting in capital cases is submitted to the judgement of the learned. atwood, william, d. ? [ ], [i.e. ], [ ] p. printed for thomas basset ..., london : . attributed to atwood by wing and nuc pre- imprints. errata: p. [ ] at end. advertisements: p. [ ]-[ ] at end. errors in paging: p. - omitted, p. - repeated, both in numbering only. reproduction of original in the huntington library. includes bibliographical references. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament -- history. feudal law -- england. bishops -- england -- temporal power. constitutional history. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion jani anglorum facies nova : or , several monuments of antiquity touching the great councils of the kingdom , and the court of the kings immediate tenants and officers , from the first of william the first , to the forty ninth of henry the third , reviv'd and and clear'd . wherein , the sense of the common-council of the kingdom mentioned in king john's charter ; and of the laws ecclesiastical , or civil , concerning clergy-men's voting in capital cases is submitted to the judgement of the learned . decipimur specie recti — hor. london , printed for thomas basset at the george near st. dunstan's church in fleet-street . . jani anglorum facies nova . that king john's charter exhibits the full form of our english great and most general councils in those days ; if i may fay so , is the vulgar error of our learned men ; and 't is that which hath given the only prejudice to the pains of the judicious mr. petyt , who , i must fay , has laid the foundation , and sure rule of understanding the ancient records and histories , which mention the great or general councils , in his distinctions between the curia regis , and commune , or generale concilium regni , barones regis , and barones regni , and the servitia which were paid , or performed by reason of tenure : and those common prestations , which bracton mentions , sunt etiam quaedam communes praestationes quae servitia non dicuntur , nec de consuetudine veniunt , nisi cum necessitas intervenerit , vel cum rex venerit , sicut sunt hidagia , corragia , carvagia , & alia plura de necessitate & consensu communi totius regni introducta : which are not called services , nor come from custom , but are only in case of necessity , or when the king meets his people ; as hidage , corrage , and carvage , and many other things brought in by necessity , and by the common consent of the whole kingdom . this i must observe upon the differences here taken , that 't is not necessary to the maintaining a real difference , to insist upon it , that none of these words were ever used to signifie what is the natural signification of the other : for example , barones and milites , are sufficiently distinct in their sence ; and yet when but one of the words is used , either of them may , and often does take in the other : but when barones , milites , &c. are set together , the barones are a rank of men superiour to the ordinary milites ; 't is enough to prove that the differences above mentioned are rightly taken , if according to the subject matter , and circumstances , we can clearly divide the one from the other . now let us see the words of the charter , and observe whether they are meant of all general or common councils for making of laws , and voluntary gifts to the crown , or only of such as concern'd the king's immediate tenants . nullum scutagium vel auxilium ponam in regno nostro , nisi per commune consilium regni nostri , nisi ad corpus nostrum redimendum , & ad primogenitum filium nostrum militem faciendum , & ad primogenitam filiam nostram semel maritandam , & ad hoc non fiet nisi rationabile auxilium . simili modo fiat de civitate londinensi . et civitas londinensis habeat omnes antiquas libertates , & liberas consuetudines suas , tam per terras , quam per aquas : praeterea , volumus & concedimus quod omnes aliae civitates , & burgi , & villae , & barones de quinque portubus , & omnes portus , habeant omnes libertates , & liberas consuetudiues suas , & ad habendum commune consilium regni , aliter quam in tribus casibus praedictis here the london edition of matthew paris , and that at tours make a period distinct from what follows , and then the sense is , that except in those three cases , wherein the king might take aid or escuage at the common law , without the consent of a common council , for all other aids , or escuage , a common council should be held ; and the city of london , all cities , burroughs , parishes , or townships ; that is , the villani their inhabitants , the barons , or free-men of the five ports , and all ports should amongst other free customs , enjoy their right of being of , or constituting the common council of the kingdom . but so much is certain , that if these , or any besides the tenants in capite came before this charter , and were at the making of it , their right is preserved to them by it , and is confirmed by the charter of hen. . cap. . civitas lond. habeat omnes libertates antiquas , & consuetudines suas : preterea volumus & concedimus , quod omnes aliae civitates , burgi , villae , & barones de quinque portibus , & emnes alii portus habeant omnes libertates , & liberas consuetudines suas . and for an evidence of what was their custom and right , as to the great council of the kingdom : both these charters were made to , and in the presence of all the clergy , counts , barons , and free-men of the kingdom . king johns ( as mr. selden tells us he conceives ) was made by the king , and his barones & liberos homines totius regni , as other particulars were of the same time . but the record which he cites in the margent puts it out of all doubt , that the charter was made by them all . haec est conventio inter dominum johannem , regem angliae ex unâ parte , & robertum filium walteri marescallum dei & sanctae ecclesiae angliae , & ric. com. de clare , &c. & alios comites , & barones & liberos homines totius regni ex alterâ parte . and in another record it is said to be , inter nos & barones & liberos homines dominii nostri : so that the liberi homines of the kingdom were present ; and who were at the making of the great charter of hen. . which has been so many times confirmed , it acquaints us at the end . pro hac autem donatione & concessione libertatum , & aliarum libertatum in cartâ de libertatibus forestae , arch. ep. ab. pr. comites , barones , milites , liberè tenentes & omnes de regno nostro dederunt nobis quinto-decimam partem omnium mobilum suorum . the charter here mentioned of the forest had been granted in the second of hen. . as was the great charter ; the parties to the grant of a subsidy are the very same : archiepiscopi , episcopi , abbates , priores , comites , barones , milites & liberè tenentes , & omnes de regno . not to produce here the proof of such general assemblies from the conquest downwards to the h. . i may say upon what i have already shown , that this interpretation of king john's charter , whereby the tenants in capite are divided from the rest , and made a common council for escuage only , agrees better with the records and histories , than the notion , that they alone compos'd the whole council of the kingdom , which can never be proved . but i will take the words together , even as they who are fond of the conjecture of their being the full representative body of the nation would have it . et ad habendum commune consilium regni de auxiliis assidendis , aliter quam in tribus casibus praedictis , & de scutagiis assidendis submoneri faciemus arch. ep. ab. & majores barones regni singillatim per literas nostras . et praeterea faciemus submoneri in generali per vicecomites & ballivos nostros omnes alios qui in capite tenent de nobis ad certum diem , scilicet ad terminum quadragint . dierum ad minus , & ad certum locum in omnibus litteris submonitionis causam submonitionis illius exponemus , & sic factâ submonitione negotium procedat ad diem assignatum , secundum consilium eorum qui praesentes fuerint , quamvis non omnes submoniti venerint . here was i grant the form of a common council of the kingdom , to the purposes here named , which are for aid and escuage : the aid i say , and shall show , was from those tenants which held of the king in comon socage , such as held geldable , or talliable lands , the escuage concern'd the tenants by knights service , but both concern'd only the king's tenants in chief , which appears in the very confining the summons to the majores barones regni , and others which held of the king in capite . whereas ( ) there were majores barones , who held not by any feudal tenure , that were not oblig'd to attend at the kings ordinary courts , and they , with them that were under their jurisdictions , had their common councils apart , though all might meet at general councils : so that what was a common council of the kingdom to this purpose , was not so indefinitely to all . . there were others who were oblig'd , or had right to be of the common council of the kingdom , though not upon the accounts mentioned in this charter . . the norman prince , to the encouragement of those great men that adventured for his glory , made some of them as little kings , and gave them the regal government of several counties , in which they with the great men thereof , and the liberè tenentes freeholders , made laws for the benefit of their inheritances , and the maintaining the peace ; and that of chester in particular was given to hugh lupus tenendum sibi & haered . ita verè ad gladium , sicut ipse rex tenebat angliam ad coronam : so that he wanted nothing but a crown to make him king. in a charter of count hugh's , of the foundation of the monastery of st. werburg , he says : ego comes hugo , & mei barones confirmavimus . and one of his successors grants to his barons , quod unusquisque eorum curiam suam habeat liberam de omnibus placitis ad gladium meum pertinentibus . and at the coronation of h. . which was after this charter , earl john , another of william's successors , carried st. edward's sword before the king , as matthew paris tells us , for a sign , that he had of right a very extraordinary power : comite cestriae gladium sancti edwardi qui curtein dicitur ante regem bajulante , in signum quod comes est palatinus , & regem si oberret habeat de jure potestatem cohibendi , &c. though this was the chief count palatine , yet others had their separate councils , where they made laws . william fitz-osborn was made earl of hereford under william the first , of whom william of malmsbury says ; manet in hunc diem in comitatu ejus apud herefordum legunm quas statuit inconcussa firmitas , ut null●s miles pro qualicunque commisso plus septem solidis , cum in aliis provinciis ob parvam occasi inculam in transgressione praecepti herilis , viginti vel viginti quinque pendantur . of the same nature are examples in the constitutions of the old earls of cornwal , and the like . to return to the county palatine of chester , its count was not tent. in capite with the restrictions above taken , viz. subject to the feudal law , and obliged to attend once at the courts as other tenants , and yet at the general councils he was present . therefore this council mention'd in king john's charter , where none but tenants in capite ( obliged to the ordinary incidents of such tenure ) were , was no general council of the whole kingdom , as our modern authors would have , though it were for the matters of ordinary tenure , all that were concern'd being at it . in the year . king hen. . held his curia or court at winchester , at christmas , which was one of the court days , or rather times of meeting ; for it often held several days ; and therefore when that at tewksbury , in king johns reign , held but a day , it is specially taken notice of . soon after king henry's christmas court , he summons all the magnates of england ad colloquium ; when they meet , because he was greatly in debt by reason of his wars ; he demands , auxilium ab omnibus generaliter . quo audito comes cestriae ranulphus pro magnatibus regni loquens respondit , quod comites barones ac milites qui de eo tenebant in capite cum ipso erant corporaliter praesentes , & pecuniam suam ita inaniter effuderunt , quod inde pauperes omnes recesserunt , unde regi de jure auxilium non debebant , et sic petitâ licentiâ omnes recesserunt . here was the earl of chester , this being a summons to a general assembly ; but when the king asked money for his expences in the wars , he tells him in the name of all the laity , that those which held of him in capite ( which is as much as to say he was none of them ) served him in their persons , and at their own charge ; therefore they beg'd leave to be gone , if the king had no other business with them , for no aid was due : so that it seems they look'd upon auxilium to be something in lieu of the service which the kings tenant was to perform . that this concern'd the kings tenants in capite by k t s . service , and no others ( except the inferior talliable tenants ; ) & they that were then assembled , being the great council of the kingdom , took upon them to umpire between the king and his tenants , and to tell him that he had no pretence for aid from them , for they had perform'd their services due . if only tenants in chief , by knights service , are here intended by tenants in capite , they only most commonly attending the king in person , though sometimes all tenants whatever , were required to attend ; and so in king john's charter , the summons be taken , to be only of such tenants in chief , then the aid there is meant only of such as comes from them ; but that takes not in all that are within the meaning of king john's charter , it adding simili modo fiat de civit. lond. which paid a socage aid as i shall shew : but for chester , even at those times when aids were granted by more than the king's tenants , the earls , barons , and freeholders of chester gave by themselves . prince edward , afterward king edward the first , was in the th of h. . count palat. of chester , and he had his common council there , wherein he consulted for the good of his palatinate apart , from the great council of the nation : barones & milites cestrenses & quamplures alii ad sum . domini edw. coram ipso domino edw. apud shorswick , super statum terr . illius domini edw. consul . & propon . quae hab . proponenda . nay so careful were they that the kings feudal jurisdiction should not interfere with the earls or other lords there , that they insisted upon it as their prerogative , so say many records , that if one held by knights service of the king , and of any lord within the palatinate also , the heir should be in ward to the lord there , not to the king ; and so by consequence of the other incidents and attendance at the kings courts ; so that those of the county of chester , could be no part of this common council , which therefore was not general . in an inquisition taken edw. . dicunt quod a tempore quo non extat memoria , tam temporibus comitum cestr . quam temporibus regis hen. patris domini regis qui nunc est , ac tempore ipsius domini edw. regis nunc secundum consuetudinem per quandam praerogativam hactenus in com. cestr . optentam & ufitatam domini feodorum in com. praedict . post mortem tenentium suorum custodiam terrarum & tenement . quae de eis tenentur per servitium militare usque ad legit . aetat , haered . hususm . ten . licet iidem tenentes alias terr . & ten . in com. praed . vel alibi de domino rege tenuerunt in capite semper huc usque habuerunt , & habere consueverunt , &c. king edward the first , sends arch. ep. ab. pri. com. bar mil. & omnibus aliis fidelibus suis de com. cestriae , and desires them that since the prelati , comites , barones & alii de regno , which one would think took in the whole kingdom , had given him the fifteenth part of their moveables , they would do the like , and we find a record of their giving a part from the rest of the kingdom . cum probi homines & communitas comitatus cestriae sicut caeteri de regno nostro m. omnium bonorum suorum nobis concesserunt gratiosè . so that these were then no part of the commune concilium regni within this charter , and no man can shew that they were divided since the time of william the first . . there were others who were obliged , or had right to be of the common-council of the kingdom , though not upon the accounts mentioned in this charter ; which if it appear , then this was not the only common council of the kingdom , or the full form of it , because there were common councils wherein were other things treated of , and other persons present . for this it is very observable , there is nothing but aid and escuage mentioned , nothing of advice or authority given in the making of laws , which were ever enacted with great solemnity , and all the proprietors even of palatinate counties were present in person or legal representation , when ever a general or universal law was made that bound the kingdom . but to wave this at present , i shall give one instance from records , that others were to come or had right , besides they that came upon the account of tenure as here mentioned . the pope writes to king hen. . in behalf of some of his great men , who had complained to the pope that he had excluded them from his councils . the king answers that they had withdrawn themselves , and that falcatius de brent the chief of them , was by the advice of the magnates totius regni , all the great men of the kingdom , called and admonished to receive the judgment of the king's court , according to the law of the land. cum aliâs teneatur ratione possessionum magnarum , & officii maximi quod habuit in curiâ nostrâ , ad nos in consiliis nostris venire non vocatus . although besides the obligation to obey the king's summons , he was bound by reason of great possessions , and a very considerable place at court to come to the king's councils , though not called ; that is , when ever it was known that a council was to meet , which might have been done by an indiction of an assembly without sending to any body . this shews very plainly that there were others to come to the great councils , besides those that were to come to those common councils , and other occasions for meeting ; for confine it to the persons and causes here specified they were to have summons , the majores special , the minores general by the sheriffs , and days notice ; whereas the king said , and could not be ignorant of king john's charter , which was but years before , that falcatius was to come without summons . but there is a further irrefragable argument in the negative , viz. that this commune consilium regni , was not the great council of the nation : and that is the judgment of a whole parliament in the fortieth of edw. the third , above three hundred years ago , when 't is probable that they had as clear a knowledge of the laws , customs , and publick acts in king john's time , as we have of what past in the reign of henry the eighth . it appears by the history that king john had resigned his crown in such a council as this here , it was communi consilio baronum nostrorum and yet the prelats , dukes , counts , barons and commons , upon full deliberation in parliament , resolve that the resignation was void , being contrary to the king's oath , in that 't was sanz leurassent , without their assent : and the king could not bring the realm in subjection , sanz assent de eux . if it had been in the great council of the kingdom , though it was not possible for the parties then at council to have been assenting personally to king john's resignation ; yet they had assented by a natural as well as legal representative , as has been long since shewn by the judicious mr. hooker . to be commanded we do consent , when the society whereof we are part , hath at any time before consented without revoking the same afterwards by the like universal agreement : wherefore as any man's deed past is good as long as himself continueth ; so the act of a publick society of men done five hundred years past sithence standeth as theirs , who presently are of the same societies , because corporations are immortal . that king john resigned his crown , without a parliamentary consent , is to be taken for granted after this solemn determination ; the only question is , whether 't was with the consent of his curia , or such a commune consilium regni , as his charter sets forth . the king had summoned his military council to dover , in the of his reign , as in the third he had to portsmouth ; they which were summoned to the last are specified under the denominations of comites , barones & omnes qui militare servitium ei debebant , this was to have them pass the seas with him , and they that stay'd at home , gave him escuage . veniente autem die statuto , multi impetratâ licentiâ dant regi de quolibet scuto duas marcas argenti . here was a military council , and a military aid given ; they that were with him at dover are not particularly described by matthew paris , but he tells us , convenerunt rex anglorum , & pandulphus cum proceribus regni apud domum militum , templi juxta doveram . die maii , ubi idem rex juxta quod romae fierat sententiatum , resignavit coronam suam cum regnis angliae , &c. this was communi consilio baronum nostrorum , as matt. paris and knyghton render the charter . as matt. westminster ad optimum consilium baronum nostrorum , the last gives us the form of the summons which shews who were the commune consilium regni here , the proceres regni mention'd in matt. paris . omnes suae ditionis homines , viz. duces , comites & barones , milites & servientes cum equis & armis : so that here was a military summons to them that ought to come , because of services , which is explained by the summons to dover , which was to omnes qui militare servitium ei debebant , if he thought all were bound to that service , and summoned all , still the parliaments judgment satisfies us , either that the rest were not obliged , and therefore came not , or if they came as they often did in hen. . time , upon the like summons , as appears by many records of that age , that the king's tenants only assented to the resignation . either way it resolves into this , that a council of the king's tenants , was not a council that could lay any obligation upon , or pretend to a representation of the whole kingdom . indeed i meet with a ms. wrote i suppose in the time of hen. . above two hundred years past , the author of which ( being induced by all the records , or histories , which had then appeared to him , to believe that nothing could be of universal obligation , even in king john's time , but what was assented to as universally as laws were when he wrote ) gives us king john's charter of resignation in a very full and complete form , as if it had been — per consilium & assensum nostrorum procerum arch. ep. ab. prior. comitat. baronum , militum , liberorum hominum , & omnium fidelium nostrorum : whereby if his authority could stand in competition with the great councils , he would remove the objection that had been long before made , which was , that this resignation made in the ordinary curia , was not in a legal representative of the kingdom . it seems that both the parliament and this author were then satisfied that the king 's feudal peers or tenants in chief could not make a commune consilium regni , as a full parliament in king john's time . besides it is worthy of consideration , that if none but tenants in capite were of the common council of the kingdom at this time , then all the abbots , priors , and other dignified clergy , who held not of the king in chief , and yet were very numerous , together with the whole body of the inferiour clergy , were entirely excluded from , and never admitted to this common council any more than the rest of the layty , from the time of william the first , to the forty ninth of henry the third . this i conceive is enough in the negative , that the king's tenants could not within the meaning of this charter make the common or general council of the nation : if it be said that they made the common or ordinary council for matters of tenure or ordinary justice , i shall not oppose it , in which sense they might be said to be a commune consilium regni , but that sense cannot be here intended , because the words are commune consilium de auxiliis assidendis aliter quam , &c. & de scutagiis , &c. so that 't is manifestly no more than a common council for the assessing of aids and escuage ; and if i shew that the aids and escuage concern'd the king's tenants only , then the common council of the kingdom dwindles into a common council of the king's tenants for matters concerning their tenure . if no instance can be shewn from record or history of auxilia or aids raised by the kings of england without more general consent , except such as were raised of his immediate tenants ; and those cases wherein the king here reserved to himself a power of charging with aid or escuage without consent of a common council concern'd his tenants only , and more than those tenants were parties or privies to this charter , it must needs be that the other cases wherein the consent of a common council was requisite , concerned tenants only , since only their consent is required , and they only stood in need of this clause of the charter . that two of the three above mentioned ( viz. ) aid to make the eldest son a knight , and to marry the eldest daughter were incident to tenure , appears by the stat. west . . cap. . which ascertains the aid which before as that declares was not reasonable , and shews upon whom it lay ( viz. ) tenants by knights service and socage tenants , and there is no doubt , but if the king might by law have required aid , in those two cases he might have done it , in the third for the redemption of his own body , which was a service a king of england , especially after the loss of normandy , which often occasioned the exposing their sacred persons , so little stood in need of and was likely so rarely to happen , that there was no need to redress , by the statute of west . any grievance arising from thence . though the statute here spoken of be only in the affirmative , what tenants by these services shall pay : yet this has been taken to be pregnant with a negative as to all others not mentioned . so hen. . fol. . nul grand sergeanty ne nul auter tenure mes seulement ceux queux teigne , in chevalry & en socage ne paieront aid a file marrier pour ceo stat. de west . . cap. . voet que ceux deux tenures serroint charges & ne parle de auters tenures ; that is , none but tenants by knights service and socage are liable to these auxilia . but over and above these incidents , whether with consent of tenants , or advice of other council , or meerly of their arbitrary motion kings used to raise money upon their tenants , and these were called auxilia , which is the word used in this charter of king john , the leavy upon tenants by knights service was called escuage , because of their servitium scuti , service of the shield , that upon tenants of their demesns in common socage , tallage , which is a word that might be of a large extent , as it signifies a cutting off from the estate , but being it was never used as an imposition with pretence of duty but upon his tenants , and that which was raised upon tenants by knights service had its proper name , therefore this has generally been applied to the payments of socage tenants , either as ordinary services , that is , upon the ordinary occasions wherein 't was of course raised by the king , or upon extraordinary occasions and necessities , which required advice . yet as an exaction or unjust payment it has been taken in the largest sence to reach to all tenants and others ; as in william the first his emendations or charter of liberties , the . magna charta . volumus etiam ac firmiter praecipimus & concedimus , ut omnes liberi homines totius monarchiae regni nostri praedicti , habeant & teneant terras suas & possessiones suas benè & in pace liberas ab omni exactione injustâ & ab omni tallagio , ita quod nihil ab eis exigatur vel capiatur nisi servitium suum liberum quod de jure nobis facere tenentur , & prout statutum est eis & illis à nobis concessum jure haereditario in perpetuum , per commune concilium totius regni nostri praedicti . in a general council of the whole kingdom it had been setled what the king should have of his tenants by reason of tenure , and what free services he should have even of those freemen which were not his tenants . thus by the oath of fealty or allegiance and by the law of association , or the revival of the frank pledges , every freeman was tied to service for the defence of the peace and dignity of the crown and kingdom , and by the association more particularly to maintain right and justice ; for all which they were to be conjurati fratres sworn brethren . and besides this there were services belonging to the crown , which lay upon the lands of freemen ; to instance in treasure , trove and royal mines , thesauri de terris regis sunt nisi in ecclesiâ vel coemeterio inveniantur . aurum regis est & medietas argenti & medietas ubi inventum fuerit , quodcumque ipsa ecclesia fuerit dives vel pauper . and this was as properly a service as the roman servitus praediorum , which consisted in something to be suffered upon lands or houses . but he would not exact or take from them by force any kind of tallage . therefore the historian tells us , that in the year . de unaquaque hidâ per angliam vi. solidos accepit , he accepted as a voluntary guift s. of every hide of land throughout the kingdom , if 't was without consent , 't was against his own charter , and so illegal . but to proceed to shew the nature of the auxilia , which came from tenants in the reign of some of his successors , either ordinary as common incidents or extraordinary . by the common law , as the lord cook observes upon the statute of west . . cap. . to every tenure by knights service and socage , there were three aids of money called in law auxilia , incident and implied without special reservation or mention ( that is to say ) relief when the heir was of full age , aid pur fair fitx chevalier , & aid pur file marrier . when the lord cook tells us that these services were incident to socage tenures , as well as knights service it must be intended , when it is spoke of the services of the tenants of the king 's ancient demeasn only , for they that held of the king by certain rent , which was socage tenure , were not subject to the payment of the tallage , except their land were of the ancient demeasn of the crown . and therefore robert de vere earl of oxford , who held a mannor of the crown by a certain rent , which to be sure was not knights service , pleads that he held the mannor with the appurtenances , per servitium decem librarum regi , ad scaccarium annuatim reddendum pro omni servitio , & regidedit intelligi quod idem manner non antiquo dominico coronae regis angliae nec est de aliquibus temporibus retroactis in tallag . per progenitor . regis angliae in dominicis suis assessis consuevit talliari . upon search made he and his tenants are freed from tallage . so the king declares that he will not have aid , that is tallage for marrying his eldest daughter of any clergy-men that hold in frank-almaign or socage , which must be taken in the same sense with the former . and before this walterus de esseleg held a mannor , ad foedi firmam , that is at a certain rent of the gift of hen. . and was never afterwards talliated , quum praedecessores nostris reges angliae & nos talliari fecimus dominica nostra ( it seems though the land had been of ancient demeasn , yet it was severed by the purchase . ) this tallage was called auxilium in the record . de consilio nostro provisum est quod auxilium efficax assideri faciamus in omnibus burgis & dominicis nostris . yet the city of london being charged with a tallage , the common council dispute whether it were tallagium or auxilium which is there meant of a voluntary aid , not due upon the account of any of their houses being of the kings demeasne , though indeed 't is then shewn that they had several times before been talliated . this explains that part of the charter , simili modo fiat de civitate londinensi , that is , as in all cases besides those excepted , escuage or tallage should not be raised but by a common council of the kingdom , that is , of all the persons concern'd to pay : so for the city of london , unless the aid were ordered in a common council , wherein they and all other tenants in chief were assembled , none should be laid upon any citizens , but by the consent of their own common council ; and if the ordinance were only in general terms , that all the kings demeasns should be talliated , the proportions payable there should be agreed by the common council of the city , according to that record , hen. . assedimus auxilium efficax in civitati nostra london . ita quod singulos tam majores quam minores de voluntate omnium baronum nostrorum civitatis ejusdem per se talliavimus . et ideo providimus simile auxilium per omnes civitates nostras , burgos & dominica nostra assidere . this per se talliavimus was a talliating per capita , for when the common council refused to give such a sum in gross , as the king demanded , then the king was put to have it collected of every head , and is , according to the faculty of every socage tenant of his demeasn , as appears by the record of hen. . whereas by this charter the king might take escuage or tallage in three cases without the consent of the tenants , but confin'd to reasonable , that is , secundum facultates , or salvo contenemento , and in those cases wherein their consent was required , things were carried by the majority of voyces amongst them that were present upon his summons , which sometimes were very few ; as when he held his court at westminster in the fifteenth of his reign on christmass the chief time , 't was cum pauco admodum militum comitatu , there arose a very great inconvenience , and a few tenants called together at a time , when the rest could not attend , as in harvest , or the like , might ruine the rest ; therefore this seperate court of tenants is wholly taken away in the reign of edward the first , and he promises that no tallage or aid ( without any reservation ) should be leavied for the future , without the consent of a full settled parliament , not that it was incumbent upon all that came to parliament to pay either tallage or escuage ; but as they were the great council of the nation they should advise him , when , or in what proportion to talliate his demeasns , or lay escuage upon his tenants by knights service : and when the king's tenants paid escuage by authority of parliament , the tenants by knights service of inferiour lords , were obliged to pay to their lords , lit. sect. . the statute is thus , nullum tallagium vel auxilium per nos vel haeredes nostros in regno nostro ponatur seu levetur sine voluntate & assensu arch. ep. comitum , baronum , militum , burgensium & aliorum liberoum hominum de regno nostro . pursuant to this the very same year is a record of a summons for a parliament to consider of an aid to make his eldest son knight , for which before he need not have consulted his parliament , nor the council of the tenants ; de jure coronae nostrae in hujusmodi casu auxilium fieri nobis debet , says the record , and yet he had tied up his hands from raising it without consent of parliament . however king john had in some measure redressed their grievance , giving them assurance that there should always be the general consent of tenants for what was not payable of right and custom , without any consent of theirs , and for the assessing those sums to which consent was made necessary , there should be a convenient notice that none might complain of the injustice of the charge . but all these things so manifestly relate to tenure , both the cases excepted and the cases provided for , that no other sense can be tolerable , for where the king reserves three incidents to tenure , and the particulars within the provision are appendant to tenure , and none but tenants are mentioned , shall we believe that something forreign is intended by the very same words ? though we may well believe that all aids whatever were intended by the statute of edw. . because the consent of all people ; tenants , and others is required . thus far i think i am warranted by very good authorities ; i take leave to observe farther , that it should seem that before this charter the king might have charged his geldable or talliable lands , that is , those lands which were held of his demeasn in socage at his own discretion , but could not charge them that held by knights service without their consent , and so this part take it , barely to the consenting is for the advantage and relief of the socage tenants only . the charter of henry the first , which exempts the king's tenants by knights service , ab omnibus geldis , that is , tribute or forced payments beyond ordinary services , leaves the king a power of charging his other tenants by meaner services , though not those which held by serjeanty , pro omni servitio . militibus qui per loricas terras suas deserviunt terras dominicarum carucarum suarum quietas ab omnibus geldis & ab omni opere proprio dono meo concedo , ut sicut tam magno gravamine alleviati sunt , ita equis & armis se bene instruant , ut apti sint & parati ad servitium suum & ad defensionem regni . but then as the consent is qualified upon such notice and summons to a certain place ▪ herein the tenants by knights service are eased in relation to part of their service . they were obliged to attend the king's court , either in his wars , his administration of justice , or for the assessing of escuage upon those that made default in their personal services ; for the first there could not be any time of summons or place of attendance ascertained , because occasion and necessity was to determine that ; for the second , they could not claim it as a priviledge , the administration of justice being within the king 's ordinary power , and his ministers and justices were sufficient assistants . but in the last there was a grievance in which 't was proper for the king 's extraordinary justice to relieve them . et ad habendum commune consilium regni de scutagiis assidendis , for the assessing of escuage , which was part of the work of the curia , they should be summoned , as is therby provided . even before the normans coming the kings used to celebrate feast-days with great solemnity , and at those days they chose habere colloquium , to consult with their people : so king eldred summoned all the magnates of the kingdom to meet him at london on our lady-day . in festo nativitatis b. mariae universi magnates regni per regium edictum summoniti , &c. londoniis convenerunt ad tractandum de negotiis publicis totius regni ; so king edgar had a great assembly , and called it curiam suam at christmass . cum in natali dominico omnes majores totius regni mei tam ecclesiasticae personae quam seculares ad curiam meam celebrandae mecum festivitatis gratiâ convenissent coram totâ curiâ meâ corroboravi . that the curia regis then consisted not of the king's tenants only : i could shew more particularly by a discourse of the feudal law , and of what prevalence it was here before the normans time : but i think there is enough to this purpose here from one piece of antiquity , which shews what in ancient time made a churl or pesant become a theyn or noble , and that so anciently , that in a saxon ms. supposed to be wrote in the saxon time , it is spoke of as antiquated . that was five hides of his own land , a church and a kitchin , a bell-house and a burrough-gate , with a seat and any distinct office in the kings court. this churle is in an ancient ms. cited by mr. selden called villanus ; so that if a man were not free-born if he could make such an acquisition he became ipso facto , a thane , a free-man , as they were often used the one for the other , which i think is easily to be collected from several places in doomsday book , and as at that time such circumstances with a place in the king's court made a thane or free-man , so a thane or freeman had a place in the great court , as we see edgar's curia had all the majores totius regni , without any qualification from tenure . but this is to be observed that this being spoke of as antiquated , and that the people and laws were in reputation when this was the usage , there is a strong presumption from hence , that since that time a less matter than five hides of land , a church , &c. gave a place in the king's court when nobilty was cheaper , and so the people , the nobles of less reputation . the normans followed not only the lane but the decent customs and ceremonies of the former government , though not directly yet by way of resemblance . and whereas the saxon kings celebrated their courts often on great feast days before all their people upon publick notice , king william erects tenures , whereby all that he had obliged by his gifts , except such as out of special favour were to do some small thing , pro omni servitio , should make a little court or council by themselves either military ( if occasion were ) or judicial in matters belonging to their feud . and by henry the third's time , if not henry the second's , it took in all , or most matters of ordinary justice ; whereas before , its business was confined to the controversies arising between the king 's immediate tenants , other suits , especially about lands , were settled in the counties or hundreds , or in particular lords courts , as appears by the charter of henry the first , de comitatu & hundredis tenendis . henricus rex anglorum sampsoni episcopo & ursoni de abecot & omnibus baronibus francis & anglicis de wircestrescirâ , salutem : sciatis quod concedo & praecipio ut à modo comitatus mei & hundreda in illis locis & eisdem terminis sedeant sicut sederunt in tempore regis edw. & non aliter . 〈◊〉 enim quando voluero faciam ea satis summoneri propter mea dominica necessaria ad voluntatem meam . i cannot here omit the plain observation that dominica necessaria , cannot be meant otherwise than of the king 's own business ; for his necessary demeasns were nonsense , therefore the sense is , that as often as he had occasion , he would give them , that is , all the counties and hundreds , sufficient notice for attending him ; so that here is a clear description of the nature of his great councils , nay , and of st. edward's too , in that when he says , they shall sit no otherwise than they had done in st. edward's time , he adds ; for when i have a mind to it , i will cause them to be sufficiently summoned to meet upon my necessary occasions , of which , i will be judge , that is , so it was in king edward's time , and indeed so it appears in the body of his laws recited in the fourth of william the first , where 't is enacted that tythes shall be payd of bees , we are there told with what solemnity the law passed , concessa sunt à rege , baronibus , & populo ; so whereas king ethelwolf father to the illustrious king alfred had in the year or granted to the church the tythe of his own demeasns . rex decimas ecclesia concessit ex omnibus suis terris sive villis regiis , about ten years afterwards the tythes were settled all over the kingdom by a general consent , totâ regione cum consensu nobilium & totias populi . by the populus is not to be intended all people whatsoever , for they who were not freeholders were not people of the land , were no cives , and were not properly a part of any hundred or country , for they were made up of the free pledges , the freeholders , masters of the several families , answering for one another by tens , ten tens , or tythings at first making an hundred court , and more or fewer hundreds ( according to the first division or increase ) a country , and for the clear understanding the general words , as principes , thaini , barones , proceres , baronagium , barnagium regni , or the like , relating to the great councils of the kingdom before and since the norman acquisition , we find by this charter of henry the first , that the counties and hundreds , that is , the men which composed those courts were upon sufficient notice to attend upon the king's business , that is , constitute the councils , and therefore simeon of durham very properly says of the great council , concilio totius angliae adunato , the same with what eadmerus says of the council of pinnedene in the first william's time , adunatis primoribus & probis viris non solum de comitatu cantiae sed & de aliis comitatibus angliae , here were the probi homines the freeholders of the counties , they that made the county court or turn , either of which in st. edward's laws is called the folkmote , and is there described vocatio & congregatio populorum omnium , and we find by statutes made before this time , that the populus omnis , or the primores & probi homines , according to eadmerus are called peers or nobles , for that the country-court , or turn at least , was celeberrimus ex omni satrapiâ conventus . thus in king edgar's laws , centuriae comitiis quisque ut antea praescribitur interesto oppidana ter quotannis habentur comitia . celeberrimus autem ex omni satrapiâ bis quotannis conventus agitor , cui quidem illius diocesis episcopus & senator intersunto , &c. this some great men have taken for a general council or parliament , but the contrary is manifest in that only the bishop of the diocess , and one senator either the count or the sheriff are to sit there in chief and this very law being taken notice of by bromton , it is there called scyremotus ; so in canutus his laws , where this is repeated , and where canutus his laws give an appeal from the hundred to the county-court or turn ; this of the county is called conventus totius comitatus quod anglicè dicitur scyremote . but to proceed with the charter of henry the first , concerning the county and hundred court. et si amodo exurgat placitum de divisione terrarum si interest barones meos dominicos tractetur placitum in curiâ meâ : et si inter vavasores duorum dominorum tractetur in com. &c. though according to this the titles to land between all but immediate tenants , or such lords as had none over them but the king , were determinable in the county , yet sometime before the great charter of henry the third , common pleas in general , which takes in the titles of land followed the king's court , where ever he held it , and by that charter were brought to a certain place . communia placita non sequantur curiam nostram sed teneantur aliquo loco certo . the king's bench is coram rege , and used to follow the king's court , and was removeable at the king's pleasure . here common pleas as well as matters of the crown were heard , and at this doubtless all the king's tenants by knights service used to be present , of this bracton says , illarum curiarum habet unam propriam sicut aulam regiam & justiciarios capitales qui proprias causas regis terminant & aliorum omnium per querelam vel per privileginm sive libertatem ; but as the curia regis was held sometimes of the tenants and officers only sometimes of the whole kingdom , when matters having no relation to tenure or ordinary judicature were in question , hence has arose the mistake of some learned authors in taking the curia regis to be nothing but the court of the king's tenants , of others that 't was meant only of the great council of the nation . whereas we may trace their frequent distinctions from the conquest downwards very apparently , and very often their union . it is agreed on all hands that the ordinary curia was held thrice a year , at christmass , easter , and whitsontide , and in the time of william the first , the places were as certain on christmass at glocester , on easter at winchester , on whitsontide at westminster , while they were held at the accustomed places , there was no need of any summons , they that were to come ratione tenurae might well come de more ; afterwards , they removed from place to place , the king made the court where ever he was pleased to hold it , and indeed when ever ; but then it could not be the curia de more : if it were at a different time or place , then there was need of summons , if there were summoned at any time more than the ordinary members of the curia ; if this was on the day of the curia there was an union of the great council and the curia , if on a different day there was a great council by its self , yet the members of the curia were a part thereof . not to anticipate what will appear from the presidents which i shall produce to make good this my assertion ; i shall make my observations upon them in order . about the first year of the reign of william the first , as mr. selden supposes , was held the council at pinnedene , to determine the difference between odo bishop of baieux , earl of kent , and archbishop lanfranc ; if this were a curia de more , then 't is evident that more than tenants in chief ; nay , all proprietors of lands assembled then of course even at the curia , for the probi homines of several counties were there , but it appears that it was upon the king's summons to all the freeholders of kent , and of some adjacent counties . praecepit rex quatenus adunatis primoribus & probis viris non solum de comitatu cantiae , sed & de aliis comitatibus angliae querelae lanfranci in medium ducerentur , examinarentur , determinarentur . disposito itaque apud pinnedene principum conventu godfridus episcopus constantiensis vir eâ tempestate praedives in angliâ vice regis lanfranco justitiam de suis querelis strenuissime facere jussus fecit . here all the probi homines are by variation of the phrase conventus principum , a bishop was president and pronounced the judgment ; but it was , as 't is said afterwards , ex communi omnium astipulatione & judicio , this judgment was afterwards revoked in another council , which to be sure must have been as large as the other , else the lawyers who were there , could never have made any colour of an argument for the revocation . item alio tempore idem odo permittente rege placitum instituit contra saepe fatam ecclesiam & tutorem ejus patrem lanfranc & illius omnes quos peritiores legum & usuum anglici regni noverat gnarus adduxit . cum igitur ad ventilationem causarum ventum esset omnes qui tuendis ecclesiae causis quâque convenerunt in primo congressu ita convicti sunt ut in quo eas tuerentur simul amitterent . 't is observable that there was a legal tryal , and the cause went on that side , where the law seemed to be ; but indeed afterwards lanfranc coming possibly upon producing some evidences not appearing before the first judgment was affirmed . here matter of ordinary justice was determined before more than the ordinary curia . this looks very like a general council of the whole nation , to be sure 't was more than a curia of the king's tenants and officers , and is more than a county court. yet in the nature of a county court , it being several counties united , and so was adunatio conciliorum , though not of the council of the whole nation . an ancient ms. makes this chiefly a court of the county of kent . praecepit rex comitatum totum absque mora considere , & homines comitatus omnes francigenas & praecipuè angl. in antiquis legibus & consuetudinibus peritos in unum convenire . but then it adds , & alii aliorum comitatum homines , and so confirms what eadmerus says . the nature of these courts is easily to be explained by writs , which we find from william the first for such tryals as this at pinnedene . willelmus anglorum rex omnibus fidelibus suis & vicecomitibus in quorum vicecomitatibus abbatia de heli terras habet , salutem : praecipio abbatia de heli habeat omnes consuetudines suas , &c. has inquam habeat sicut habuit die qua rex edwardus fuit vivus & mortuus , & sicut meâ jussione dirationatae sunt apud keneteford per plures scyras ante meos barones , viz. gaulfridum constansiensem episcopum , & balwinum abbatem , & petrum de valonnus , & picotum vicecomitem , & tehehen de heliom , & hugonem de hosden , & gocelinum de norwicum , & plures alios teste rogero bigot . willielmus rex anglorum lanfranco archiep. & rogero comiti moritonio & gauffrido constantiensi episcopo , salutem . mando vobis & praecipio ut iterum faciatis congregari omnes scyras quae interfuerunt placito habito de terris ecclesiae de hely antequam mea conjux in normaniam novissimè veniret . cum quibus etiam sint de baronibus meis qui competenter adesse poterunt , & praedicto placito interfuerunt et qui terras ejusdem ecclesiae tenent . quibus in unum congregatis eligantur plures de illis anglis qui sciunt quomodo terrae jacebant praefatae ecclesiae die qua rex edwardus obiit , et quod inde dixerint ibidem jurando testentur . quo facto restituantur ecclesiae terrae quae in dominico suo erant die obitûs edwardi , exceptis his quas homines clamabunt me sibi dedisse ; illas vero literis signate quae sint et qui eas tenent . qui autem tenent theinlandes quae proculdubio debent teneri de ecclesiâ , faciant concordiam cum abb. quam meliorem poterint et si noluerint terrae remaneant ad ecclesiam . hoc quoque de tenentibus socam et sacam fiat . denique praecipio ut illi homines faciant pontem de heli qui meo praecepto et dispositione hucusque illum soliti sunt facere . willielmus rex anglorum goffrido episcopo et rodberto et comiti moritonio , salutem . facite simul venire omnes illos qui terras tenent de dominico victu ecclesiae de heli , et volo ut ecclesia eas habeat sicut habuit die qua edwardus rex fuit vivus et mortuus , et si aliquis dixerit quod inde de meo dono aliquid habeat mandate in magnitudinem terrae et quomodo eam reclamat , et ego secundum quod audiero aut ei inde escambitionem reddam aut aliud faciam ; facite etiam ut abbas symeon habeat omnes confuetudines quae ad abbatiam de heli pertinent , sicut eas habebat antecessor ejus tempore regis edwardi , preterea facite ut abbas seisitus sit de illis theinlandis quae ad abbatiam pertinebant die quo rex edwardus fuit mortuus , si illi qui eas habent secum concordare noluerint , et ad istud placitum summonete willielmum de guaregnna , et richardum filium gisleberti , et hugonem de monteforti , et goffridum de manna villâ , et radulfum de belfo , et herveum bituricensem , et hardewinum , de escalers et alios quos abbas vobis nominabit . upon these writs many useful things might be observed , but i will confine my self as nigh as i can to my purpose . from them as interpreted by equal authority of history it appears , that wil. the first us'd to commissionate several of his barons . i will not oppose their being his great tenants in chief , these were to preside in the tryals of matters within ordinary justice , which were to be try'd in the several counties where the question arose , sometimes in one county , sometimes in several together as the men of the several counties , that is , the several counties were united . sometimes these great men , sometimes the sheriffs were to summon the parties , and to take care that an inquest of the county or counties concern'd be impannell'd , in the counties , that is , by the choice of the freeholders . the kings commissioners were to pronounce the judgment in the kings name or stead : so the bishop of constance did right to lanfranc , 't was judicio baronum regis qui placitum tenuerunt , and yet ex communi omnium astipulatione & judicio , the inquest upon their oaths found the matter of fact , the judges stated it to the people , and delivered their judgment ; to which the primores & probi homines assented , for 't was ex communi omnium astipulatione ; this agrees with what bracton says of the laws pass'd in the great council of the nation . de concilio & consensu magnatum & reipublicae communi sponsione . but it may be objected that the kings writ is to the great men to do justice , to which the books give an answer that the kings writ does not change the nature or jurisdiction of a court , and therefore though a writ of right or a justities be directed to the sheriff , yet the suitors in the county court are judges . and what their jurisdiction was in the time of wil. the first , is to be gathered from what continued to the freeholders or suitors of the county court of chester even till the time of edward the first . upon a writ of error to remove a judgment out of the county palatine of chester into the king's bench in a plea of land ; the chief justice of chester certifies that the judicatores et sectatores the suitors at the county court , clamant habere talem libertatem quod in tali casu debent omnes barones & eorum seneschal . ac judicatores ejusdem comitatus summoniri audituri hujusmodi processum & recordum & illa antiquam sigilla sua apponant ; si fuerit infra tertium comitatum per seipsos emendare . et hujusmodi libertates a tempore quo non exstat memoria usi sunt et gavisi . and the chief justice farther certifies , quòd fecit summoniri omnes barones et judicatores , accordingly . the parties assembled at the council of pinnedene , were the primores et probi viri of the counties concern'd , which answer to the proceres et fideles regni , in the union of all the counties in parliament , as in the of henry . which in another record of the same parliament are branch'd out into hanz hommes e prodes hommes , there are the primores et probi viri , e du commun de nostre realme : that is , as the statute of the staple has it , the prelates , dukes , earles , barons , the great men of the counties , grands des county's as the french , and the commons of the cities and borroughs . the testimony of eadmerus concerning the parties to the judgment at pinnedene confirms me in my opinion , that the summons to a great council as i take it in this kings reign , mentioned by simon of durham and florentius wygorniensis , which was to all the bishops , abbots , earles , barons , sheriffs , with their knights , was not to them and those only who held of them by knights service , for more than such were judges even for matters of ordinary justice within the counties , but that it was to them and the sheriffs , knights , the freeholders of the countys who were by st. edwards laws oblig'd to find arms , and became knights milites as soon as by publick authority they took arms ; the antient form of manumission proves this sufficiently . siquis velit servum suum liberum facere tradet eum vicecomiti per manum dextram in pleno comitatu , et quietum illum clamare debet a jugo servitutis suae per manumissionem , et ostendat ei liberas portas et vivias et tradat illi libera arma , viz. lanceam et gladium et deinde liber homo efficitur . thus he becomes a freeman and the sheriffs knights at the same time . that all freeholders had the appellation of milites , is evident by many records , and even a statute , that for the choice of coroners which was but declaratory of the common law , as appears by several records , before that time ; i will instance in one . because one that had been chosen coroner , was neither a knight or freeman , as that interprets it self , nor yet discreet , therefore a new choice is directed , miles non est , et in servitio alieno , et juvenis et insufficiens et minus discretus . here in servitio alieno , a servant , is put in contradistinction to miles , that is , to a freeholder , or liber tenens . et here , has the like import with sed , unless a man might have been a knight , and yet no freeman . the freeholders of the county of cornwall fine to the king for leave to chuse their sheriff , 't is said in the record . milites de com. cornubiae finem fecerunt rot. fin . º h. . pars a. m , . and these which are here called by the general denomination of knights , are in another record of the same specified under these names . episcopus , comites , bar. milites libere tenentes , et omnes alii de com. so that all the people of the county , that is , they which were part of the county court were comprehended under the word milites . in another record , the milites et probi homines , that is , honest freeholders are used as the same . in pleno com. tuo dicas militibus probis hominibus ballivae tuae . &c. the milites or probi homines were under the sheriff , an officer of their own choice , as was the law and custom of this king's time to be sure and long after : the office of the heretochius , who had been the ductor militiae , had been discontinued no body knows how long , and 't is spoke of only as an office that had been . but the sheriff , being of the freeholders choice , not the kings , having no certain salary , nor fee upon any account taken notice of in the eye of the law ; but depending upon what the king should give out of the two thirds of the profits of the county , ( the tertium denarium , the third part , the earl o● count had ) who will imagine that the sheriffs as sheriffs , had any feud rais'd upon them by the king , that is , were to attend at his courts or in his wars , with their feudall knights the posse commitatus which was assisting to them , being of quite another nature ? indeed i find one fulcherus , homo vicecomitis , that is , tenant by knights service , to which homage was incident , and in that sense miles vicecomitis ; in another part , tenet rogerus de picoto vicecomite de foedo regis hanc terram tenuit gold. sub abbate eli potuit dare absque ejus licentiâ sine sacâ . this had been freehold within the abbots precinct , alienable without licence , subject to no suit of court , and was granted to picot then sheriff of the county to hold of the kings feud , that is , by knights service . yet he did not hold this as vicecomes , but as baro , so 't was if any man had the county in fee : but the king summoned the barones , & vicecomites , that is , the vicecomites without consideration of their capacity as barons , and their knights ; 't was long after this , that the word vicecomes was any thing more than tbe name of the office here spoken of ; an honorary viscount was not then known , such indeed might at their creation have had feuds rais'd upon the lands granted along with their honours . there is this farther proof , that this was more than a council of the kings tenants and officers or ordinary court ; in that the summons was immediately after the curia , and that to a place sufficiently capacious , salisbury plain . et in hebdomada pentecostes suum filium henricum apud west . ubi curiam suam tenuit armis militaribus honoravit ; here was the proper work of the curia , the king gave arms in his court to the great men , and immediate tenants , the common freeholders received them in the county court , either at coming to age , or upon becoming free by manumission ; which 't is not probable that a man would desire , unless he had a freehold to live upon , or that thereby those lands which were held in villenage became free . but though one were born free , yet i take it he was to recieve a formal military honour , have arms deliver'd to him when he came to age , and in the time of hen. . 't is us'd as a sign that one was not of age when he seal'd a deed , and consequently 't was not effectual because militari baltheo nondum cinctus erat . we find that when a freeman died , his heir under age ; some body was to have the custody of the arms. siquis arma haec habens obierit remaneat haeredi suo , et si haeres de tali statu non sit quod armis uti possit , si opus fuerit ille qui eum habuerit in custodia habeat similiter custodiam armorum , &c. and when he came of age , tunc ea habeat , this was in hen. . time , and then the publick delivery of arms to all freemen might have been disus'd , but antiently as mr. selden observes , the taking arms by young men from publick authority was a kind of knight-hood . but soon after will. the first had at his court knighted his son henry , he call'd this great assembly of barones , & vicecomites cum suis militibus , his curia was held at whitsontide ; nec multo post mandavit ut arch. ep abb. com. bar. vicecomites cum suis militibus die kal. aug. sibi occurrerent saresberiae , quocum venissent milites illorum sibi fidelitatem contra omnes homines jur are coegit . here i take it milites illorum refers to the knights of the sheriffs , that is , the freeholders , this was adunatio conciliorum , a joyning together of the several councils of the counties , where the swearing allegiance to the king was one of their principal works ; the kings tenants had done it of course in the curia , but methinks 't is a strange thing that it should be us'd for an argument , that this was not a great council of the kingdom , because they were evocati● ad fidei vinculum . for satisfaction i will offer a record of the same work done in parliament in the time of henry . celebrato nuper concilio apud bristol ubi convenerunt universi ang. praelati tam ep. ab. quam primores et multi tam comites quam barones qui etiam univerfaliten fidelitatem nobis publicè facientes , concessis eis libertatibus & liberis consuetudinibus ab eis prius postulatis & ipsis approbatis . &c. here the king yields them those liberties and free-customs , which they desired , and they swear allegiance to him , here was the fidei vinculum . but perhaps they will say that this of w. the first was no common council or parliament , because it appears not that any laws pass'd or that they were summon'd to that end . for the first i think no man will say that the assembly is less parliamentary because nothing is agreed upon in it . indeed we find that where a parliament was dissolv'd without any act pass'd , 't is said by judge cook not to be a parliament , but the inception of a parliament , that is , no session : but whoever will consult the summons to parliament in the time of ed. . & . may satisfie himself that there were many parliaments call'd , at which there were no laws pass'd , but meerly advice given , and yet at the end thereof , the knights , citizens and burgesses had their writs of expenses , wherein the kings declared that they had been called to parliament , nobiscum de diversis negotiis nos & populum regni specialiter tangentibus tractatur . for the last , 't is no matter whether the cause of summons were express'd , 't is enough if it were de quibusdam arduis , or however else was the use of that time . besides 't is certain many laws have pass'd in publick councils antiently of which we have no intimation from those historians which mention such councils . wherever i find any publick act of recognizing a kings title of justice , or of elections of persons to any office , i shall not scruple to call such an assembly a council , and if it it be general , a great or common council of the kingdom . and lanfranc i conceive was in this kings reign chose to be metropolitan of all england in such a council ; 't was indeed in curiâ regis as gervacius , and the author of antiquitates britannicae shew , but not the ordinary curia , for 't was on our lady-day , which was not the time of such curia , and the clerus and populus angliae more than the kings tenants and officers there confirm'd the choice of the seniores ejusdem ecclesiae , that is , of canterbury . in the fourth of this king the controversie between the archbishop of york , and the bishop of worcester , was determined at petreda before the king , archbishop lanfranc , the bishops , abbots , earles , et primatibus totius angliae , this mr. selden rightly calls a parliament , which is easily to be gathered from the large and comprehensive signification of primates . that general summons the same year to have an account of the laws , looks as if it were to a parliament , to which a representation of twelve for every country was agreed on , but appears not to have been specially directed : be that as it will , there was no need of a full representative , or meeting in an entire body , because it was not to lay any new obligation upon them , but was an enquest of the several counties to present their old laws . but when he seemed inclined to make the customs of some few counties the rule to all the rest , ad preces communitatis anglorum , he left to every county its old customs . in the seventeenth of this king , convocavit rex multitudinem nobilium angliae , the multitude of the nobles of england , says gervace of dover , this was about ecclesiastical affairs , concerning the bringing regular monks into monasteries , and an old monk tells of the charter or law then agreed on . haec charta confirmata est apud westm . in concilio meo , anno regni mei xviii . praesentibus omnibus episcopis et baronibus meis , where barones mei must either be meant with relation to the whole nobility of england , which were all the king's men , though not his feudal , especially immediate tenants , before whom the test of charters used to be , as in henry the third's time , the earls only subscribed at the request of the rest , or it might be only his tenants in chief , subscribing as was usual . in the eighteenth the king impeaches his brother odo for his extortion , this was at the isle of wight ; in insulâ vectâ ei obviavit , ibi in mirum congregatis in aulâ regali primoribus regni : this was matter of ordinary justice , and though primores regni are named ; yet it might have been only such of them as attended on his wars , or in his court ; and 't is not probable that being abroad , all the primores angliae were summoned to this . in the nineteenth of his reign , i take it that he held barely his curia at glocester , for 't was a military council , except that his judges , great officers , and constant attendants were part of it . partem exercitus sui remisit , partem secum per totam hyemem retinuit et in nativitate domini glavorniae curiam suā tenuit , & at this court i find only some ecclesiastical preferments disposed of to three of his chaplains , which required no solemn consult ; but his laws passed per commune concilium totius regni , semel atque iterum ait se concessisse , &c. per commune concilium totius regni , and his leges episcopales , ecclesiastical laws were established , de communi consilio arch. episc . abb. et omnium procerum regni sui . for william the second , whereas a great antiquary will not say whether there were any solemn convention of the nature of a common or general council in his time , 't is manifest there was and we may find the marks of distinction between his ordinary curia & great council or parliament . he was crowned convocatis terrae magnatibus , says bromton , volentibus animis provincialium malms . that is , the whole kingdom agreeing or the major part ; indeed it seems the normans were for duke robert , but the english were not so wasted , as some imagine , but that they carried it , angli tamen fideliter ei juvabant , as simeon of durham shews , and hoveden out of him . in the second year of his reign he held a curia on christmass at london , but 't was more than a curia de more , for there were justiciarii ac principes totius angliae . in the third , turmas optimatum accivit & guentoniae congregavit , he called together the troops or army of nobles , barones aloquitur , inveighs against his brother robert , and perswades them to a war , & ut consilium inirent quid sit agendum jussit , bids them consider or advise what was to be done . his dictis omnes assenssum dederunt , all consented to a war. the king being very ill , omnes totius regni principes coeunt , episcopi , abbates , & quique nobiles , promittuntur omni populo bonae & sanctae leges ; here the princes and nobles reach to omnis populus . here anselm is named archbishop by the king , & concordi voce sequitur acclamatio omnium , the noyce and publick acclamation witnesses the peoples consent , and this is said to be secundum totius regni electionem , or as another author . rex anglorum consilio & rogatu principum suorum , cleri quoque & populi petition● et electione . the king being upon leaving england , to settle his affairs in normandy , ex praecepto regis omnes ferè episc . unà cum principibus angl. ad hastings convenerunt . here anselm pressed that there might be generale concilium episcoporum , but went from the curia , the great council , dissatisfied . anselm had propounded a question to be discussed in council . utrum salvâ reverentiâ et obedientiâ sedis apostolicae possit fidem terreno regi servare annon ? ex regiâ sanctione fermè totius regni nobilitas quinto id. martii pro ventilatione istius causae in unum apud rochingham coit . fit itaque conventus omnium , this is called curia , but could not be the court of tenants and officers only . anselm harangues the assembly in medio procerum et conglobatae multitudinis sedens . the other bishops are the mouth of the assembly , and the bishop of durham the prolocutor ; they tell him they will have him obey his prince , upon this he appeals to rome , miles unus , a good honest freeholder steps out of the throng , de multitudine prodiens , and with great devotion sets before his holy father the example of job's patience , upon this the prelate hugged himself in the opinion that the populus , the populacy were for him , though the princes , the heads of the assembly were against him . this controversie is adjourned to the curia , on whitsontide , which still was no ordinary one : anselm was celebrating a curia by himself , when he should have attended at the king 's , according to the adjournment , but it seems he expected special summons , which he has accordingly by word of mouth , no formal writ , but messenger . the king tenuit curiam suam in ipsâ festivitate apud windlesoram , and there were proceres , et coadunata multitudo , a very solemn convention . the authority cited by sir hen. spelman says , that the clergy was not at the council at roch. in quo fermè totius regni nobilitas praeter episcopos & clerum convenitur ; so that it would seem a president for that parliament , in the time of edward the first , taken notice of by bishop jewel , of which he says our publick monuments , that is , records have it . ha●ito rex cum suis baronibus parliamento et clero ( id est ) arch. et ep. excluso statutum est . there it seems the lords and commons , who undoubtedly came at that time , without relation to tenure , are barones sui : but whether the council at roch. had the clergy present or no , the bishops and barons tell anselm at another great council , how much soever he thought the assembly on his side , that placitum habitum est contra se , his pretences were over ruled , totius regni adunatione . yet notwithstanding their sense then delivered , they gave a farther day till whitsontide ; so that in effect 't was judgment nisi , then indeed anselm with a side wind got an advantage of the king , he cunningly waves the question , whether he might swear obedience to the king , and puts it only whether the pall were to be received from the pope , or the king , and carried that point , that it belonged to the singular authority of saint peter . this was a general council on the feast day , adquievit multitudo omnis , unde cum omnes silentio pressi conticuissent , statutum est . it seems till the multitude rested satisfied , the law could not pass . but two years after on whitsontide was held no more than the ordinary curia — cum igitur in pentecoste festivitatis gratiâ regiae curiae se presentasset : peractis igitur festivioribus diebus diversorum negotiorum causae in medium duci ex more coeperunt — that 't was usual when the height of the feasting was over , to go to the tryals of causes , or matters of ordinary judicature . in august following is held a great council , the king being , de statu regni acturus . then he sends out a general summons . in sequenti autem mense augusto cum de statu regni acturus rex , episcopos , abbates & quosque regni proceres in unum praecepti sui sanctione egisset , & dispositis his quae adunationis illius causae fuerant ; &c. anselm asks leave to go to rome , but is denied it . in october following there was a general council at winchester . wintoniae ad regem ex condicto venimus , eadmerus was there himself . the first day the tumult from the vast multitude was so great , that they could do nothing , and therefore broke up the court , and adjourned to the next day . orta est igitur ex his quaedam magna tempestas diversis diversae parti acclamantibus ; the sense of the assembly was , that anselm should observe the king's laws ; upon which he departs the realm in a pett . 't was pity eadmerus went with him , so that we loose the account of what passed in his absence . i think however we have enough to prove that there were then no less , nay greater assemblies , than what now compose our parliaments , nay the very word parliament was not unknown in that time . parliamentum dixêre croylandenses caenobitae sub tempore willielmi secundi . for farther proof 't is observable , that this king stood upon it , that malcolm king of scots , secundum judicium tantum baronum suorum in curiâ suâ rectitudinem ei faceret . that is was to do him right , or answer his demands , according to the judgment of his curia , or ordinary court of justice ; malcolm pleads that 't was to be in the confines of both kingdoms . secundum judicium primorum utriusque regni , that is , according to the judgment of a great or general council of both kingdoms united , and who were the primores that constituted the great council of scotland , even till the . of james the first , is evident by his act of alteration , or recommendation of a change , which has it , that the small barrons , and fee-tenants ( or freeholders ) need not to come to parliaments , nor general councils , without election , which shews that till then they did : and how they came here in this king's time , i leave any body to think as they please , sure i am here were more than tenants in chief . there was one council in his reign , which had no addition to it , the author says only celebravit concilium , and this , i take it , was no more than an ordinary curia , especially it being octabis epiphaniae ; and there was a legal tryal by duel , and by judgment of the court , the party conquered had his eyes pull'd out , and his stones cut off . that besides the great council , this king above mentioned , held the ordinary curia , sive de more , we have clear authority . cum gloriosè & patrio honore curiam tenuisset ad natale apud glocester , ad pascha apud winchester , ad pentecosten apud londoniam . by the foregoing instances , we may see , notwithstanding virgil's suppressing , as much as in him lay , the mss. which might take from the authority of his history , how many rise up in judgment against his assertion in the time of king h. . illud oppositè habeo dicere , reges ante haec tempora non consuevisse populi conventum consultandi causâ , nisi perrarò facere , adeò ut ab henrico id institutum jure manâsse dici possit — and it seems the great mr. lambert ( who possibly was the first that after the ages , in which the word baronagium was used and known to express the full great council or parliament received its true notion , viz. that both the nobility and commonalty of the realm were meant under these words , the barons of the realm ) this great man it seems , had not met with those mss. which since have offered their light to the world ; otherwise he would not have subscribed to the foregoing opinion of polydore virgil , however polydore himself , as far as his authority goeth , gives us to believe the frequency of such solemn councils , from this king's time downwards . this prince was so pleased with his people , and they so much at ease under his gentle reign , there was that mutual confidence in each other , that 't is a question whether he ever held a solitary curia of tenants and officers , only we find , tota nobilitas cum populi numerositate , cuncti majores adunati , and regnum angliae . all at several times at the curia de more . at other times we have commune concilium gentis anglorum , clerus & populus congregatus , the same called commune concilium baronum regni angliae . regni nobilitas sua sanctione adunatâ , concilium magnum — magnum placitum apud northamtune congregatis , omnibus principibus angliae , that is , baronibus , that is , clero & populo — though 't were a pleasure to dwell upon this king's reign , yet it is needless to insist upon further proof , that his councils consisted of more than tenants in capite and great officers . king stephen was elected king , a primoribus regni cum favore cleri & populi , clericorum & laicorum universitate , ab omnibus . viz. tam presul . quam com. & baron . stephanus his et aliis modis in regno angliae confirmatus , episcopos et proceres sui regni regali edicto in unum convenire praecipit , cum quibus hoc generale conciliam celebravit . this to be sure was more than the ordinary curia : the eighth of july two years after a council was held at oxford , which broke not up till september following , this was conventus magnatum , was not on the ordinary court day , yet perhaps was not a great general council : it was only for matter of ordinary justice ; some of the laity had complain'd of two potent bishops that fortified their castles , as if they intended to rule over them by the temporal , as well as spiritual sword , and had made a catholick interpretation of st. peter's , ecce duo gladii . it seems the bishops plea was , that this was no ecclesiastical synod , that is , in the true sense , not assembled for ecclesiastical , but for civil matters ; but in their sense , that they would be tryed by the canons , and canonical persons ; the debate is put off to be determined , in a general council appointed to be at winchester . here the clergy set up for themselves , & having the popes legat , thought themselves a body sufficiently entire , without that other part of the clerus , gods inheritance , which used to make up eventhese assemblies ; with much ado , they first let in the nobility proprietors of land , omnes barones in eorum communionem jamdudum recepti . they had not sate four days but the londoners-citizens demanded to be admitted amongst them as citizens or traders , they were no part of the nobility , 't was a disparagement for the son of a noble man a freeholder to be married to a trader . and this our constitution agreed with that of poland , where mercator and nobilis were alway contradistinct , and there is a remarkable clause in one of their statutes . nobiles appellandos censemus , qui licèt matre populari , patre tamen nobili sunt procreati , quorum tamen parentes & ipsimet vivant & vixerint ad instar aliorum nobilium in regno ut supra ; & non exercuerint vel exerceant eas artes & actiones quas communiter cives & qui in civitatibus morantur exercere solent ; per contrarium enim usum nobilitas ipsa in popularem , & plebeiam conditionem transire solet , and with them the inhabitants of cities which were sicut proceres sent deputies , whereas the possessionati the nobles came to the great councils in person . there came to the council above-named a representative in the name of the whole city of london . feriâ quartâ venerunt londinenses , & in concilium introducti causam suam eatenus egerunt , ut dicerent missos se a communione quam vocant londiniarum , but the clergy carried it with an high hand , and told them , that it became not them who were principal men in the kingdom and sicut proceres , as it were nobles , to favour them who forsook their lord , which i think was meant of the pope , and his clergy : to be sure they excommunicated the king , and those that held with him , for medling in their matters : but they had much ado to quiet the city of london for the haughty answer they gave them . they that were at this assembly came not as the king's tenants , or because of any office in his court. notwithstanding all the canonical thunder , at a great council possibly of lay-men only , habito post modum concilio coram primoribus angliae , statutum est ut omnia per angliam , oppida , castella , munitiones quaequae , in quibus secularia solent exerceri negotia regis & baronum suorum juri cedant . whereby all the strong holds which clergy-men had were subjected to the dominion of the laity , whether only the king's barons , barones curiae suae were to be judges in the disposal is needless to determine . but statutum est coram primoribus angliae , this was made a law by all the baronage of england . we have several other councils in this king's reign . in the seventh of his reign , there is an act of recognizing matilda the empress her title to the crown by all but the men of kent , and 't is not improbable that they looking upon themselves as a freer people than the rest , thought it was not fit for them to own any title but meer election . maltida imperatrix ab omni gente anglorum suscipitur in dom. exceptis kentensibus . in the ninth the proceres are summoned per edictum regium to st. albans . the same year is a great council at northampton called parliamentum . in the seventeenth , generale concilium convocavit at london , to which were called the bishops and all the proceres . in the ninteenth and last of his reign , all the principes met at oxford ad octavis epiphaniae , and soon after the colloquium at oxford they met at dunstaple . and he held another great council the same year at london on michaelmas tam pro negotio regni quam provisione eccles . ebor. cum episcopis & optimatibus terrae , this was both for ecclesiastical & civil matters . the council of clarendon with that part of its constitutions which hath been much controverted of late , will detain me and the reader too long to examine the several instances of great councils or of ordinary courts in this king's reign . by the examination of this possibly i may give some additional light to what i have already represented . the end of this convention was , to vindicate the crown and kingdom of england from the usurpations of the clergy , who insisted upon exemptions , and an uncontroulable license to do ill upon pretence of the sacredness of their persons . whereas the king would allow them no other priviledges , or exemptions , than what his laws had given them . this council was compos'd of more than tenants in chief , 't is call'd a great , and full parliament ; generale concilium ; the parties present are under divers denominations , all coming to the same : rex , arch. ep. ab. pr. com. bar. & proceres regni , as m. paris , rex & magnates regni , mat. west . anglicani regni praesules & proceres , gervasius ; episcopi , & proceres , radulphus de diceto . praelati , proceres & populus regni , as another , clerus & populus regni , hoveden . the whole kingdom as dr. stillingfleet shews us out of the quadripartite history . the body of the realm as sr. roger twisden terms it ; yet i conceive that the clause so much tost to and fro , without any right settlement , referrs to the ordinary curia regis , to which the kings tenants were bound by their tenure to come ; and where ordinary justice or jurisdiction in all , or most causes was exercised , and this gives some account why the bishops who have been from the normans acquisition downwards tenants in chief , because of their temporalties , and during vacancies the guardians of those temporalties , upon that very account have been particularly summon'd , why i say they should be allowed to vote in a legislative capacity which they have as proprietors , though no tenants of the king , when they proceed by way of bill of attainder , and yet tenure only qualifying them for judges in parliament ( as before in the kings ordinary curia , interesse judiciis curiae , or at least they succeeding to the jurisdiction of the tenants in the curia ) according to the constitution of clarend . that jurisdiction which they have as tenants , or as succedaneous to such , extends not to matters of blood . it will not be proved , that the coming to the great council , where the extraordinary power , justice , or legislature was exercis'd , was meerly because of tenure , and that no body had right to be of the great council but they that held in capite , or were members of the ordinary curia ; indeed when that was taken away , or disus'd , they that before were to do suit and service at the curia , were to perform it at the great court , the parliament ; for there was no other court where they could , and therefore in the th of ed. . the inhabitants of st. albans plead that they held in capite . and as other burroughs were to come to parliament pro omni servitio . but that the coming to the judgements of the ordinary curia was meerly because of tenure appears from the words of the constitution : arch. ep. &c. & universi personae regni qui de rege tenent in capite , habent possessiones suas de domino rege sicut baroniam , &c. & sicut barones caeteri debent interesse judiciis curiae regis cum baronibus , &c. that is , except as is there excepted , these ecclesiastical tenants or barons were to be present , or interested in the judgements together with the kings justices and officers , as the other barons , that is lay-tenants in capite . it seems both ecclesiasticks and lay-tenants in capite held per baroniam , yet i think caeteri barones ought to be confin'd to them that held of the king in chief by knights service , for many held in feodo firmâ by the payment of a certain rent , or petty serjeanty , the payment of a gilt spur or the like , pro omni servitio , of which the records are full , who were not ordinarily to give their attendance at the curia . but tenure per baroniam , was i take it in those times no more than tenure by knights service in capite . this perhaps i could prove by many records . i shall instance in one to the honour of a noble peer of this realm , now earl late baron of berkley , as his ancestors have been ever since the time of hen. . one of his ancestors had the grant of the mannor of berkley harness from hen. . tenendum in feodo & haereditate sibi & haeredibus suis per servitium quinque militum . an office is found in edw. the third's time upon the death of maurice berkley , and there 't is that he held per baroniam faciendo inde servitium trium militum pro omni servitio . two knights fees having been alien'd ; inde , upon the account of the barony , or rather the land , was the knights service , and the knights service made the barony , as appears , there being no particular words creating any honourable tenure , but what resulted from serving the king with men upon his own charges : the number i take it made nothing towards the nature of the tenure . these tenants by knights service , the kings barons , were obliged to be at the kings courts de more ; if at the great court when he should call them , the chief ground was upon their ordinary attendance amongst the rest of the tenants . that what relates to the curia regis within the const . of clarendon was meant of the ordinary justice of the kings court , and consequently the ordinary court , old _____ of glocester is express . yuf a man of holi-church hath ein lay fee , parson , otherwhat he be , he shall do therevore king's service , that there valth , that is right ne be vorlore . in plaiding , and in assize be ; and in judgement also . but this farther appears by the summons to , and proceedings at northampton the very next year . this hoveden calls curia regis , and mr. selden informs us out of an antient author , that the summons thither was only to the members of the ordinary curia , omnes qui de rege tenebant in capite , mandari fecit : upon the bishops withdrawing from the judging of becket , ( the ground of which i shall soon examin . ) quidam vicecomites & barones secundae dignitatis were added , 't was quidam vicecomites some sheriffs , it could not be all because several were majores barones , having the countys in fee , but this restraint seems not to reach to the barones secundae dignitatis ; suppose that it does , and so comes only to the uppermost of them , the vavasores perhaps , that is inferior or mesne lords holding mannors of others , not the king ; still here were more than tenants in chief , and to be sure , these being said to be added , were more than the members of the ordinary curia , and this court to which they were added was only the ordinary court of justice . if we can shew when this ordinary court of justice determin'd , and who succeeded into the places of the ordinary members of it , we may go farther to clear the matter in question than perhaps has yet been done . if the lords the great men , succeeded the court of tenants , and were let into that jurisdiction which they exercised , and there is no colour of proof that clergy-men in the curia regis ever voted in capital causes , but if on the other side , ( the prohibitions running against judicia sanguinis , and the constitution of clarendon referring to the curia regis , where the ordinary judicia sanguinis were agitated and pronounced ) justly , they took themselves to be excluded the curia , quando de illis materiis agitur ; it will i think be evident that the bishops , as a part of the house of lords , answering to the court of the kings tenants , never had any right to vote in capital cases . but it lyes upon me here to shew when and how the curia regis went off . i have before observed that the duty of tenants was either to attend the king in his wars , in his administration of ordinary justice , or as a council to give him aid in lieu of , or by way of advance upon their personal services in the wars . as they attended in the wars they could not be a court or council , and so no curia regis . as a court of justice , their attendance was superseded by magna charta , , or of hen. . communia placita non sequantur curiam nostram sed teneantur in aliquo loco certo . hereby the administration of justice was taken from the ordinary curia , and fix'd at the courts in westminster-hall . yet after this they continued a court , or council for aids till the th of edw. the first , and by that they were wholly gone as a separate court , or council ; being from that time no tax nor aid could be raised without full consent of the great council , or parliament . when this court was gone , as before i observed , we find tenants in chief pleading that their coming to the great court or parliament was pro omni servitio , which shews manifestly , that the great court not only took in the less , as it did in the nature of the thing , being that and more ; but that it preserved the image of it ; and indeed what was a duty in them that came to , or were members of the ordinary curia , turn'd to a priviledge or right in them who succeeded to the dignity , though not the services of tenants . as the tenants were obliged by their tenure interesse judiciis curiae regis , they that succeeded to their dignity had right to be judges in parliament . and whereas the curia regis , as a court of justice was taken away or defeated in the time of hen. . we find by britton , suppos'd to have wrote in the fifth of his immediate successor , that the barons were judges in parliament , as the tenants and officers had been in the curia regis . et en case ou nous somes partie volons que nostre court soit judge sicome counts & barons en temps de parliament . now let us return to the constitution of clarendon . the tenants whose duty it exacts ( the lay tenants disputed not ) were tenants by barony ; that is , by knights service of the person , or crown of the king , and except as there is excepted , were of duty to be present at all tryals or judgements , or to exercise jurisdiction in all causes : but judicium vitae vel membrorum they were not to meddle with ; when they came in judicio , in jurisdiction , or the tryal of causes , ad judicium vitae vel membrorum , that is to such a cause , or the exercise of such a jurisdiction , or such a tryal , they were to withdraw ; and this is the plain sense of judicium vitae vel membrorum , given us by that great judge learned both in the common and civil laws , bracton , who wrote in the reign of hen. . grandson to this king , who enforc'd the leges avitas , in this particular , and others contain'd in the constitution of clarendon . this great lawyer , having enumerated several priviledges , or jurisdictions , granted from kings of england to their subjects , amongst other things has these words . item si cui concedatur talis libertas quod habeat soke , & sake , toll , & them , infangthef ; & utfangthef , judicium vitae & membrorum , & furcas , & alia quae pertinent ad executionem judicii , &c. here this judicium vitae & membrorum must be meant of the whole tryal , or jurisdiction , otherwise it is supposed , that he tells us , the king granted those men liberty to pronounce , or depute those that should pronounce , the final judgment , who yet neither by themselves , nor deputies , had any thing to do with the praeliminaries , the questions arising between , and leading to the justice of the judgement , which is an absurd supposal . the having judicium , or power in judicio , does not , as i conceive , any way suppose a tryal already begun , and the bishops present so far in it ; but when it comes to the point of mutilation or death , then they have leave to withdraw ; that is , they are a court , or of the court , for such a cause , and yet they are not a court for such a cause ; for the cognizance of causes takes in the judicium , the tryal , in the agitation , agitare judicium , and in the final or solemn pronouncing of the judgement . it is indeed possible , though not rational , that the law should give the jurisdiction over part of a cause , and not the whole , yet 't is not to be imagined that such was the meaning of the law-makers , especially , when we find the words of the law , according to the sense put upon those words , by the most learn'd , in the age nighest to them that transmit the law to us , are not to be brought to such a dividing sense without a great deal of force : and to this the several other copies of this constitution give weight . but we are told that the sense is best understood by the practice of that age . if the sense be plain , a contrary practice is not to determine the sense another way , as , as great an author , the learned doctor stillingfleet , proves at large in his answer to mr. cressy's epistle apologetical , where he shews the number of statutes made against provisors , in express terms : and yet when the king of england comes to settle the points in difference , between him and pope martin the . there is no manner of regard had to the statutes of provisors , although so often repeated ; nor did common practice agree with the positive and plain law . but the testimony of petrus blesensis brought to prove the practice in the time of hen. . i could set aside with better colour , than the author of the grand question does the true sense of judicium and in judicio . for petrus blesensis joins together the principes sacerdotum and seniores populi , the last of which , in common acceptation , relates to the laity ; and for their withdrawing just at the final judgement , surely there could be no pretence from the practice of that age . but let 's take his authority , and make the best of it . principes sacerdotum & seniores populi licet non dictent judicia sanguinis , eadem tamen tractant disputando & disceptando de illis : ideo seque immunes à culpâ reputant , quod mortis aut truncationis membrorum judicium decernentes , à pronunciatione duntaxat , & executione poenalis sententiaese absentent . here he expressly confirms the sense , which i shall enforce , and makes the votings in the preliminaries , mortis aut truncationis membrorum judicium decernere . some clergy-men it seems did thus decernere judicium sanguinis , and he blames them for it , but can their practice of any thing against law be an argument that there was no law against such practice ? and besides this being brought to shew the meaning of the constitution of clarendon , which speaks only of the curia regis ; this has no colour of a proof , because they might have handled such matters in their own courts , where the king gave them judicium vitae & membrorum , as bracton has shewn us ; but that they did not in the curia regis , we are to believe , till express authority be brought to shew that they did . one of the editions of blesensis has but quidam , some of them only could dispense with the obligation ; of what nature the obligation was , i shall soon shew , and will usher it in with the judgement of mr. selden , who was best acquainted with the several copies of this constitution , and with those laws which were the ground of it , perhaps of any man since the making the constitution . the meaning of it is , says he , that all bishops , abbots , priors , and the like , that held in chief of the king had their possessions as baronies , and were accordingly to do all services , and to sit in judgement with the rest of the barons in all cases , saving cases of blood . the exceptions of cases of blood proceeded from the canon laws which prohibited clergy-men to assent to such judgements . but we are told , that hen. . in the parliament at northampton declar'd , that bishops were bound by virtue of the constitution of clarendon to be present , and to give their votes in cases of treason . that this was only a curia regis , no parliament , i have shewn . that it should be affirmed that the king then press'd the bishops to give their votes in a capital case , ( as the author supposes every crimen laesae majestatis then to have been ) i wonder , because 't is apparent from the circumstances that the king prest for a final judgement , and therefore could not urge that as the duty of their tenure , when even according to this learned man , the canons prohibited their pronouncing final sentence , and the king at clarendon , out of regard and reverence to the canons of the church , requir'd only that they should act in such causes , till the cause was ripe for sentence , not that they should stay at the sentence : that point he was content to yield them ; and he himself shews us out of fitz-stephen , that the bishops look'd not on the matter as capital , for they did not urge the canons in the case ; but they excus'd themselves upon the account of the arch-bishops prohibition . and the king reply'd , that ( viz. that prohibition ) had no force against the constitution of clarendon , which was in effect to say , you have no manner of pretence , no canon forbidding you to pass judgement upon becket , and therefore according to the constitution of clarendon , you ought interesse judiciis curiae regis at this time . notwithstanding the plain sense of all this , we find a very artificial management of fitz-stephens , and other authorities . . as if becket were accus'd of a capital matter , it being call'd crimen laesae majestatis . . as if the crime he was accus'd of was appealing to rome , and that such appeal was treason by the ancient common law before any statutes made . . i will readily grant that in the language of that age becket was accus'd or impeach'd of crimen laesae majestatis , but that all crimina laesae majestatis were then capital , glanvile , who was chief justice in that kings reign , denies . crimen quod in legibus dicitur crimen laesae majestatis , ut de nece , vel seditione personae domini regis vel regni vel exercitus , occultatio inventi thesauri fraudulosa , placita de pace domini regis infracta , &c. hereby every breach of the kings peace , was crimen laesae majestatis ; every breach of the laws by acts of injustice is a breach of his peace , contra pacem & coronam ; therefore becket having denied justice to john the marshal , and refusing to answer the king who charg'd him in account , especially standing in contempt of the kings court , was guilty of this crime . indeed glanvile when he has named homicide , malicious firings , and other crimes , adds et siquae sunt similia ; quae scilicet crimina ultimo puniuntur supplicio , aut membrorum truncatione . as if no crimes were within this name , but those which drew after them capital punishment , but that is certainly to be meant of such as are not there specified : that is , all such like crimes , provided they are capital in the punishment annext by law , are crimina laesae majestatis , though neither homicide , nor firing , &c. nor any direct and open breach of the peace . 't is evident that he confines not placita de pace infractâ to homicide and those that follow ; for he takes in assaults and batteries de verberibus , de plagis etiam . which he says are tryable by the sheriff in default of mesn lords , unless the indictment be in the kings name . nisi accusator adjiciat , de pace domini regis infractâ . but it appears from fitz-stephen , that becket was not impeach'd for appealing to rome , even upon his second impeachment , but pro ratiocinio cancellariae reddendo ; to which he pleads , that the king remitted him when he was made arch-bishop , that he then was quietus & solutus ab omni regis querelâ . but further , that he was called only to answer in the cause of john the marshal , in which he complained that he had had hard measure , but for the last neque in causâ sum ratiocinii ; neque aliquam habui ad eam citationem : still the king urges the proceres to proceed to judgement against him , he finding them ready to comply with the king , appeals to rome , and strictly enjoyns all his suffragan bishops and others not to meddle in the matter . upon this , redeunt ad regem episcopi & in pace à judicando archiepiscopo excusati à baronibus seorsim sedent , nec minus à comitibus & baronibus suum exigit rex judicium : evocantur quidam vicecomites & barones secundae dignitatis , &c. what is here like the pretence of his being accused in a capital matter , and the kings urging the bishops to judge him notwithstanding a capital accusation ? nay further , admit that he had been impeach'd of appealing to rome ( which 't is evident both from fitz-stephen and gervase that he was not ) i question whether it had been capital then , or whether the lord cook says that such an owning of the popes power was treason , by the ancient common law , before any statutes were made ; which i conceive he do's not : the most which i find in him towards this point , is of a judgement in the th of edw. the first , where 't is resolv'd that a subjects bringing in a bull of excommunication against another subject , and publishing it to the lord treasurer of england , was by the ancient common law of england treason . now this publishing a bull of excommunication , and thereby assuming the exercise of justice without the kings authority , is certainly a much greater offence against the kings crown and dignity , than barely the appeal : however either might have been crimina laesae majestatis , against the crown and royal dignity , and yet not capital , as glanvile shews . but this is further observable that the king himself appeal'd to the pope in this very controversie between him and becket . hâc igitur celebri celebratâ & acceleratâ appellatione misit rex , misit & archiepiscopus nuntios ad dominum papam . and according to grev. the bishops appeal'd to the pope against becket , with the great approbation of the king. wherefore the article in the constitution of clarendon touching appeals , the first declaration that i find of the law in this point , comes not up to beckets appeal . de appellationibus si emerserint ab archidiacono , debent procedere ad episcopum , ab episcopo ad archiepiscopum , et si archiepiscopus defuerit in justitiâ exhibendâ , ad dominum regem est perveniendum postremò , ut praecepto ipsius in curiâ archiepiscopi controversia terminetur ; ita quod non debet ulterius procedere absque assensu domini regis . this is of causes begun in ecclesiastical courts , these were not to go further than the archbishops court , that is , not to the pope without the kings licence ; now admit an appeal had been before the pope with the kings licence , yet it might have been crimen laesae majestatis , to put the popes sentence in execution without new licence had : but where a matter lay not in these inferiour courts , as becket's did not , whether the appealing in such a case had been against the law then , i make a doubt , i am sure it is not prov'd at least , that 't was capital . i know not of any greater penalty than a premunire ever annext to it , till the reformation . but if it were capital from the beginning , 't would not be any thing to the purpose here , because becket was not impeacht for appealing . i cannot but charge this author with a great deal of artifice in this place , and of much labour to reconcile things , as i should think , very disagreeing : he tells us that according to fitz-stephen , becket was accus'd of treason , and the bishops sate together with other barons , and because it did not come to a sentence of death , after a great debate between the other lords and bishops about pronouncing the sentence , the bishop of winchester did it : here he jumbles together , what in another place he rightly divides , he takes it right that there were two causes , the one that of john the marshal , the other that which he would make capital ; in the first , the bishops did certainly sit in judgement , there the bishop of winch. pronounc'd the sentence ; as mr. selden ( who this author confesses has printed the proceedings of this judgement very exactly ) shews out of stephanides : for this our author do's not pretend that becket was accus'd of treason , and yet he says that the bishop of winch. gave sentence , where he was accus'd of treason ; nay , though his own author stephanides is express , that upon the second charge , which contain'd the suppos'd capital matter , the bishops withdrew , & quidam vicecomites & barones secundae dignitatis were taken into the court. thus i think i have shewn that the king did not declare at northampton , that the bishops were bound by virtue of the constitution of clarendon to be present and to give their votes in cases of treason , ( as such were capital ) but rather it not being a capital case upon which the king demanded judgement , that therefore the bishops were by that constitution oblig'd to be there . admitting that this constitution is no law prohibiting clergy-men to vote in capitals , only obliging them to the duty of their tenure ; and leaving them to act in matters of blood , according as they thought themselves bound by the canons : yet i think herein it appears that those canons were received by the temporalty , and so became laws . but not to insist upon this , the question here is , . first , what the canon law prohibited . . what force that prohibition has at this day . . the author of the grand question has i conceive misrepresented the sense of lanfranc's canon concerning this matter , which he has render'd thus : that no bishop or clergy-man should condemn a man to death , or give vote in the sentence of condemnation . here he confines the prohibition to the final judgement only ; and yet says , lanfranc had brought the canon of the eleventh council of toledo into england : so that lanfranc's and that of toledo he yields must speak the same thing ; that of toledo , is this : his à quibus domini sacramenta tractanda sunt , judicium sanguinis agitare non licet ; & ideo magnopere talium excessibus prohibendum est , nequi praesumptionis motibus agitati aut quod morte plectandum est sententiâ propriâ judicari praesumant , aut truncationes quaslibet membrorum quibuslibet personis aut per se inferant aut inferendas praecipiant . his à quibus domini sacramenta tractanda sunt , undeniably reaches to bishops , as well as inferior clergy , and so removes the cavil which many make upon some canons , or laws , mentioning clerk , or clerus only . here 't is laid down for a principle , non debent agitare judicia , they must not to debate upon such judgements , or try such causes , that is as petrus blesensis expresses it , eadem tractare disputando & disceptando de 〈◊〉 . now can we think the wise council of toledo understood sense so little to declare , that clergy-men ought not to debate about , or try such causes , and therefore should prohibit only the final judgement ? nay 't is very clear that they , agreeably to the maxim they receive , forbid them quod morte plectendumest sententiâ propriâ judicare , to judge of , or try the matter , or cause in their own persons ; not but that where the king gave them judicium vitae & membrorum , as we find in linwood , they might delegate authority to others to judge , without breach at least of after canons . but this of toledo i conceive wholly shuts them out from the cause , or tryal of it . and according to this very author , this canon of toledo is to be taken as explanatory of lanfranc's , which is much shorter , and less express ; yet comes to the same , in the signification of the words , as well as in the intention of the council , which received the above-cited canon of toledo . lanfranc's we have in these words , iterum ut nullus episcopus vel abbas , seu quilibet ex clero hominem occidendum , vel membris truncandis judicet , vel judicantibus suae autoritatis favorem accommodet . this speaks of the man guilty of a crime worthy of death , or loss of member , the other of the cause , or matter ; which are tantamount : but by this they were not to judge themselves ; nor sit by , while others judge , or any way contribute to the judgement . but of this the great council at westminster in the year . is the best interpreter . and if the clergy-men neither before the constitution of clarendon , nor by it , were excluded from medling in these causes ; they are by the last in full parliament , the testimony of which is transmitted by us by no less an author than gervase of dover , who liv'd in the very time , and whose credit this learned person supports by following him rather than matthew paris . in hoc concilio , he tells us , ad emendationem anglicanae ecclesiae assensu domini regis & primorum omnium regni haec subscripta promulgata sunt capitula : amongst which the third is this , hiis qui in sacris ordinibus constituti sunt , judicium sanguinis agitare non licet , unde prohibemus ne aut per se membrorum truncationes faciant aut inferendas judicent , &c. this is almost the same in words with that of toledo , and by the concession of the learned author of the gr. question that of toledo was then produced by richard arch-bishop of canterbury : the same we find in hoveden , said in the margent to be ex concilio toletano . judicium sanguinis agitare non licet , surely comes up to the preliminaries , and i cannot understand the coherence of saying to this effect . it is a received maxime that clergy-men ought not so much as to vote in preliminarys , relating to capital cases ; and therefore to give the final judgement is only unlawful by the canon , which declares that to vote , even in preliminarys , is unlawful . in richard the second 's time , the bishops understood not this nice reasoning , and therefore they enter their formal protestation on record . agitur de nonnullis materiis , that is capital causes , in quibus non licet nobis aut alicui eorum juxta sacrorum canonum instituta quomodolibet personaliter interesse . 't was not so much because 't was in parliament , as because matter of blood was in question . and indeed the canons mentioning judicia sanguinis , that is ordinary judgements , such as were agitated in the kings ordinary court of justice , and the constitution of clarendon referring only to that court , it appears that these constitutions were received in parliament in the reign of edw. the first . when the king ty'd up his hands from giving clergy-men power , even so much as by his special commissions , to sit upon the tryals of such causes . we for the utility of our realm and for the more assured conservation of our peace have provided and ordained that justices assigned to take assizes in every county , where they do take as they be appointed assizes , incontinent after the assizes taken in the shires , shall remain both together if they be lay. and if one of them be a clerk , then one of the most discreet knights of the shire being associate to him that is a lay-man , by our writ shall deliver the gaoles of the shires . hereby it appears that if one of the judges were a clergy-man , he was not so much as to sit with the other upon the delivery of the gaol ; that is the tryal of capital causes ; but another lay-man should be commission'd for that purpose . and agreeable to this we find in the records of the tower , that when two have been commissioned as judges for the same circuit , whereof one has been a clergy-man the other lay , the clergy-man has had only common-pleas in his commission , the other both common-pleas and pleas of the crown : nor is it material that some rolls may be found out purporting as if pleas had been held before two whereof one hapned to be a clerk ; for it is to be taken reddendo singula singulis . ( . ) this were enough to settle the d point , viz. of what force such prohibition , as i have shewn , is at this day ; but i take leave to offer farther , what as i conceive may give yet clearer satisfaction ; which is , that the difference of an ecclesiastical synod from a temporal great council , was not taken from the persons present in either , but the matters of which they treated , and the parties which managed there according to the different matters ; if ecclesiastical affairs , 't was a synod , if temporal , it had some other name , as commune concilium regni angliae , or the like to distinguish it by . the great jewel hath long since given authority to this assertion about ecclesiastical synods , which he calls concilia episcopalia : ab episcopis nomen concilia invenisse fateor , eoque dicta fuisse episcopalia : quod episcoporum judicio & prudentiâ omnia constituerentur . sed tune idcirco concilia haec nihil ad principem attinuisse colliges . as the ecclesiastical laws were supposed to lay a more immediate obligation upon the conscience , and were for the most part enforc't by ecclesiastical censures , they were call'd canons or rules , not having that outward coertion and penalties annext which others had , but yet they were no less laws . the statute of henry the th . which provides that no canons , constitutions or ordinance shall be made or put in execution within this realme , by authority of the convocation of the clergy , does not in the least abrogate , or condemn those which were made by the authority of the king , the clergy , and the laity : as i will not say all ecclesiastical constitutions were , from the time of william . to the above-mentioned synod at westminster , it is enough if that alone were so . and then if that be not repugnant to some law since made , i conceive it is still in force , having had full legal sanction . for the clearing this 't will be necessary to shew something of the nature of the ecclesiastical councils according to the modus establisht anciently in engl. i must confess that several historians , when they mention concilium totius angliae , speaking of an ecclesiastical council , add frequently , episcoporum , viz. & abbatum , nec non & multarum religiosi ordinis personarum , or to that effect . but bishop jewel has well interpreted such expressions , and therefore we need not wonder , when we find another say , lanfrancus cant. arch. & totius angliae primas diversa in diversis locis angliae celebravit concilia . though to be sure the king were sometimes jubens & praesens , as at the council at winchester . but it appears even by their own modus tenendi synodos in angliâ primaevis temporibus , which i take it was the same that was agreed on in lanfranc's time , of whom malmsbury sayes , quaesivit à senioribus episcopis qui esset ordo sedendi in concilio antiquo more statutus , &c. by their antient modus , i say , it appears that the laity were to be present in their ecclesiastical councils ; for when it mentions the clergy in order it adds , exinde introducantur laici bonae conversationis , that is probi homines , vel qui electione conjugali interesse meruerint , every lay-man of good conversation , probus homo , or free-holder in his own person , or ex electione conjugali by joint-election of the clergy and laity . it would be superfluous to produce the many authorities , which shew that the laity used to be of council in ecclesiastical affairs , as well as the clergy in temporal , and to give their assent in making canons or laws . i will instance in some very remarkable ones out of many ; one eadmerus recommends with a solemn protestation , en ordinem gestae rei teste conscientiae meae veritate , sicut eam praesens audivi & vidi , in nullam partem declinando descripsi . matilda daughter of malcolm king of scots marryed to henry the first , being reputed a nun , offers her self to be tryed by the ecclesiastical law , offert se judicio totius anglorum ecclesiae probaturam . in another place , obtulit se vel sacramento vel alia quam magis eligerint ecclesiasticâ lege probaturam , &c. at the day appointed there assembled episcopi , abbates , nobiles quique ac religiosi ordinis viri : the case appeared to be that she had taken upon her a nuns habit , but had never been profest ; whereupon anselm having stated her case to the tota regni nobilitas populusque minor , the nobility and commonalty , and in the name of god required them , quatenus siquis aliter de negotio illo sentiret ac sententia tulerat ( unde scilicet ipsam copulam secundum legem christianam fieri non debere posset ostendi ) nihil haesitans salvâ pace omnium coram proferret . here any man there had free leave to offer wherein he thought that marriage void by the christian law , or law of holy church : but cunctis unà clamantibus rem justè definitam , legitimè conjuncti sunt . had not this been to vindicate anselme , who it seems lay under the imputation of marrying the king contrary to the laws of holy church , possibly eadmerus had never given us so full an account ; but he shews very particularly how those great councils acted , that 't was in an intire body ; the assent was , cunctis unà clamantibus . if any thing was offered , or pronounced in a definitive way , which was generally dislik't , fremitu aspernabatur , as we are elsewhere told of such assemblies . if the council was divided , diversis diversae parti acclamantibus , they were forc't to adjourn or break up . thus , as 't was amongst the lacedemonians , what was propounded was determined , clamore non calculis . we have the like account of an ecclesiastical synod in the th of the same king. gulielmus dorobernensis congregavit generale concilium omnium ep. & abb. & quarumcunque religiosarum personarum , cui praesedit ipse . this we see was an episcopal council , and the bishop was president , but then confluxerant quoque illuc magnae multitudines clericorum laicorum tam divitum quam mediocrium , & factus est conventus grandis & inaestimabilis , here was a confluence of the inferiour clergy , and the lay-lords and commons , and the number was beyond account . acta sunt ibi de negotiis saecularibus nonnulla ; being all met together , though upon ecclesiastical affairs chiefly , yet they had colloquium about secular too ; and coming all in their own persons , ( not by way of representation , when they that were chose to come instead of the rest , might receive certain instructions according to the matter propounded for treaty , beyond which they had no power , ) it was not needful that they should know before-hand what they were to treat of , but might fall upon any thing pro re natâ . quaedam quidem determinata , quaedam dilata , quaedam verò propter nimium aestuantis turbae tumultum ab audientiâ judicantium , profligata . it seems they had appointed some judges of the pole , or rather of the noise , and the crowd was so vast , the noise so confused , that of many things they could not make any certain judgement ; some things were determined by a general acclamation , and others were prorogued to a further day . quae autem communi episcoporum consensu in ipso concilio decreta sunt & statuta , sicut illic publicè recitata sunt & suscepta , in hoc opere placuit annotare , &c. here ecclesiastical matters were first debated , and settled amongst the bishops , then they were publickly rehearsed , and either rejected , or suscepta receiv'd by the whole assembly of clergy and laity ; but this was not enough to give them the force of a law , they must have the stamp of royal authority to be currant . rex igitur cum inter haec londoniae moraretur , auditis concilii gestis consensum praebuit & confirmavit statuta concilii à guilielm . cant. arch. & rom. eccles . legati apud westm . celebrati . at this time it seems the king was not in the council , but the canons , though drawn up by the bishops , promulgated before and assented to by the body of the realm , yet had no force till authenticated by the head of the church and state. gervase of dover is little less particular in the account of the ecclesiastical synod in his time , wherein the canons or constitution declaring it unlawful for clergy-men , agitare judicia sanguinis , was embodyed into the laws of the land. ricardus vero cant. arch. totius angliae primas & apostolicae sedis legatus convocato clero angliae celebravit concilium in ecclesiâ beati petri ad westm . . kal. junii dominicâ ante ascensionem dom. afficerunt in hoc concilio omnes suffraganei cantuar. eccles . praeter vigorniens . qui diem clauserat extremum . in hoc concilio ad emendationem anglicanae ecclesiae assensu domini regis & primorum omnium regni haec subscripta promulgata sunt capitula . ad dextram primatis sedit episcopus londinensis quia inter episcopos cantuar. ecclesiae sussraganeos decanatus praeminet dignitate ; ad sinistram sedit episcopus winton . quia cantoris officio praecellit : caeteri tam episcopi quam abbates secundum primogenit . consecrationis suae consederunt . ipse vero archiepiscop . primas , & legatus residens in sublimi post sermonem quem tam facundè quam disertè fecit in communi de scripto legi fecit statuta concilii sui sub hac forma , &c. here it appears that their councils were held by the arch-bishops of cant. that the statutes or canons were drawn up in some private consults of bishops , but they took their force from the assents of the king and all the primores regni , the clergy and laity of the land ; and that the third canon by me cited , was a statute . this to be sure and the other ecclesiastical councils abovementioned , were more than the curia de more . i cannot , as the author of the grand question does , summ up the arguments on both sides ; for i know not one that hath yet been offered , against what i have gone upon , which may be thus represented in short , . that the canons prohibit the judging in capital causes , and all preliminary votes too . . that these canons were received by the great council of the nation , and so became incorporated into , and part of the laws of england . . and that they , running in the terms of judicia agitare , which in the common intendment is of ordinary justice , and the constitution of clarendon particularly referring to the ordinary court of justice , except it can be shewn that clergy-men voted in the ordinary curia ; the court of tenants and officers whilst that court continued , there is not one president against this sense of the law. if it be said they have voted in bills of attainders which in effect are judicia sanguinis : still these are not within the ordinary justice ; however if they are judicia sanguinis , in a strict sense , let them who are concerned , answer the evading the sense of the law. i shall give one plain instance of a great council , and another of an ordinary court in this kings reign , and hasten to the next . circa festum sancti pauli venit dominus rex usque northampton & magnum ibi celebravit concilium de statutis regni sui coram episcopis , comitibus & baronibus terrae , & coram eis per concilium comitum & baronum , militum & hominum suorum hanc subscriptam assisam fecit , &c. this was more than an ordinary curia , and there being the barones terrae ; the milites and homines sui are not to be taken for his feudal tenents , but his liege people . for his ordinary curia we find a clear president in the glossary of that great antiquary sir henry spelman , who if he had lived to finish the second part would certainly have given a compleat body of antiquity . we find in him the form of a fine levy'd in the ordinary curia . haec est finalis conventio facta in curia domini regis apud clarendum anno . regni regis henrici secundi coram domino rege & joh. filio ejus , &c. & aliis baronibus & fidelibus qui tunc ibi praesentes erant , &c. richard the first was spirited to jerusalem , and therefore we must not expect many instances from him of the one sort or t'other , but i am sure the ecclesiastical council at pipewell in northamptonshire , could not be the curia de more . sir hen. spelman calls it concilium pambritanicum , and bromton tells us in general who were at it , amongst others there were all the abbots and priors of the kingdome , but it is very manifest that they were not all tenants in chief , many holding in purâ & perpetuâ eleemosynâ , and others of temporal lords , as appears by the statute of carlisle , ed. . and therefore this was not a court of the kings tenants and officers only . but then in november following he assembled a full parliament at london . rex congregatis episcopis , comitibus , & baronibus regni sui parliamentum habuit & tractatum . this was manifestly more than the curia regis . a great court was held the next year at bury in normandy , ricardus rex angliae festum nativitatis domini quod secunda feria illo anno evenit in normanniâ apud burium cum primatibus terrae illius celebravit . it seems he had held another court in england , for this was the second court , but the great council at london was not of either of the feast days . but let us see whether this distinction is observable in the reign of that prince upon whose charter our dispute is . he was crowned in the presence of a larger representative than the interpreters of his charter have put upon us , a populo terrae susceptus est . king john in one of his charters says , he came to the crown jure hereditario & mediante tam cleri quam populi unanimi consensu & favore . congregatis arch. ep. comitibus & baronibus atque aliis omnibus . this explains who are meant by the magnates regni , which assembled at london in the second of his reign , which , the historian not having mentioned any feast day , or saying barely that the king held his court , is to be taken for the great council : but the records give further light , they shew us that there the queen was crown'd de communi assensu & concordi voluntate arch. episcoporum , comitum , baronum , cleri & populi totius regni : nor is it a wonder that the queen being a foreigner had such a formal consent of the people to confirm her queen , for there had been at least the pretence of a law against any king of england's marrying a foreigner without the consent of the people , and therefore harold pleaded against william the first , when he urg'd his oath for placing the crown upon william's head , and marrying william's daughter , that he could not do either inconsultis principibus , or absque generali senatus & populi conventu & edicto : as another author explains the council , the consent of which harold pleaded to be necessary . from london king john issues out his summons to william king of scots to attend him at lincoln , which summons he was obliged to obey as one of his tenants in chief , but thither came more than tenants in chief , nor was it the place or time for the curia de more , and therefore the curia and general council was united , the king of scots coming as attendant upon the curia , convenerunt interea ad colloquium apud lincolniam , rex anglorum johannes & rex scotorum willielmus cum universà nobilitate tam cleri quam populi utriusque regni vndecimo kalendas decembris . as under the nobility , the senators of scotland , were comprehended all the free-holders at that time beyond dispute , 't is probable at least that our nobility was of the same extent . and for the probability of the assembling of so great a body as the proprietors of both kingdoms must have made even then , 't is observable that the meeting was without the walls , for the city was not able to hold them . the king of scots did homage upon a mountain in conspectu omnis populi , before all the people , the united body of free-holders of both kingdomes . in the third of his reign this king held his curia on christmass at guildford , and this was no more than his military council . multa militibus suis festiva distribuit indumenta , ( that is , ) in festival bounty he gave many coats to his souldiers . and that this was no more , is very evident in that the arch-bishop of canterbury to shew himself a prince in the ecclesiastical empire set up the like court of his tenants and dependants . hubertus verò cantuariensis arch. quasi cum rege à pari contendens eodem modo fecit apud cantuariam . at easter the king held his court at canterbury , where the arch-bishop by sumptuous entertainment of the king hop'd to atone for his former vain-glory. on ascension-day the king issues out his summons from theokesbery , for the holding his ordinary court at whitsontide following at portsmouth , generale proposuit edictum ut comites & barones & omnes qui militare servitium ei debebant , parati essent ad portesmue cum equis & armis ad transfretandum cum eo ad partes transmarinas in die pentecostes iam instante . those that would not pass the seas with him consented to the payment of escuage two marks of silver upon every knights fee , dantes regi de quolibet scuto duas marcas argenti . the next year he held his curia on christmass in normandy . and the year following this , he held his christmass court in normandy likewise . in the year . his curia was held on christmass at canterbury , from thence he went to oxford , where were present more than the members of the ordinary curia ; convenerunt ad colloquium apud oxoniam rex & magnates angliae . indeed what is then given the king is only from his feudal tenants , but that is no argument that therefore no more were there , because the council advis'd him to charge his tenants ; nay , 't is very observable that the historian does not say that they which were there assembled gave , but ubi concessa sunt regi auxilia militaria de quolibet scuto scilicet duae marcae , that is , there escuage was given by or upon them , who held by knights service , or it might be an aid given generally by every one according to the number of acres , or value of his estate in proportion to the valuation of a knights fee. as was usually done in that and succeeding times . and then i take it provision was made for the defence of the kingdome , ( viz. ) that every nine knights throughout the kingdome should find a tenth arm'd at all points to be ready in servitio nostro ad defensionem regni quantum opus fuerit : this to be sure reacht further than to the knights by military tenure ; because every one that held a knights fee was by his tenure to find a man , and consequently this would have been a weak'ning of the kingdome to abate of their services , but it must needs have extended to all that held to the value of a knights fee , though not by knights service . this was provided communi assensu arch. ep. com. baronum & omnium fidelium nostrorum angliae . and so a general land tax . and at the same parliament the king per commune concilium regni made an assise of money . in the year . he held his court at theokesbery which broke up the first day . soon after he call'd together his army , that is , those who were oblig'd by their tenure to attend him ; for though the curia de more was confin'd to certain days , yet the king made the court where-ever he pleas'd to appoint it , and the obligation to attendance at the court was indefinite ; his military council when met , refus'd to go with him beyond sea as he required , whereupon with a few of them he sets out to sea , and after he had coasted about a little , he exacted a great summ of money from those whose tenure could furnish him with a pretence for it , because they discharg'd not the duty of their tenure , occasiones praetendens quod noluerunt ipsum sequi . the next year he held his court on christmass at oxford . the historians give no mark of any thing more than an ordinary curia , but the records do . there was a grant of subsidy upon every mans personal estate per commune concilium & assensum concilii nostri apud oxoniam . this in another record is said to be by the arch. ep. abbates & magnates regni nostri , rot. par. jo. m. . on whitsontide he held his court at portsmouth . in hebdom . pentecostes exercitum grand . apud portesmouth congregavit . but then the christmass following at winchester he held a general council , and that was on the court day . celebravit natale domini apud wintoniam praesentibus magnatibus regni . deinde in purificatione beatae mariae cepit per totam angliam tertiam decimam partem ex omnibus mobilibus & aliis rebus tam de laicis quam de viris ecclesiasticis & praelatis cunctis , murmurantibus sed contradicere non audentibus . here was a grant of what no way belong'd to tenure , and therefore all the magnates regni were privy to it , though 't was done grudgingly . in the year . he held his court on christmass at windsor , where he distributed coats to his souldiers . he held his christmass court at bristol . he held a great council on the feast day at windsor praesentibus omnibus angliae magnatibus . so the year following at york praesentibus comitibus & baronibus regni . . 't was but an ordinary court held at windsor , fuit ad natale apud windsor . . he held his court at westminster with very few tenants ad natale domini tenuit curiam suam apud westmonasterium cum pauco admodum militum comitatu . in this year we find a military summons to more than tenants , and of an extraordinary nature . misit literas ad omnes vicecomites regni sui sub hâc formâ : rex johannes &c. summone per bonos summonitores comites , barones , milites & omnes liberos homines & servientes vel quicunque sint & de quocunque teneant , qui arma habere debent vel arma habere possint , & qui homagium nobis vel ligeantiam fecerunt . quod sicut nos & seipsos & omnia sua diligunt , sint apud deveram ad instant . clausum paschae benè parati cum equis & armis & cum toto posse suo ad defendendum caput nostrum & capita sua & terram angl. et quod nullus remaneat qui arma portare possit sub nomine culvertagii & perpetuae servitutis . et unusquisque sequatur dominum suum . et qui terram non habent & arma habere possint , illic veniant ad capiendum solidatas nostras . hereby all free-men as well as the kings tenents , nay servants , and all that ow'd allegiance to the crown , though not oblig'd to bear arms , if they could get any , were required to give their attendance , and those that had not wherewithal to maintain themselves should have the kings pay : this was upon expectation of an invasion , and therefore the assembly seems to have been as general as the summons ; but there is a shrewd circumstance to induce the belief that many considerable men not holding in chief , thought themselves not oblig'd to attendance till necessity press'd them , for otherwise he would never have been terrified into a dishonourable peace , the parting with all his right of patronage to the pope , and submitting to his pleasure , if he had not been sensible by the absence of many great men that there was truth in the french king's boast , jactat se idem rex chartas habere omnium ferè angliae magnatum de fidelitate & subjectione . but that this was not a general council of the nation appears by the statute of provisors which declares that the popes assuming the jus patronatus was an incroachment , that is usurpation , or unlawful act , which it would not have been , if the comites , barones , and turba multa nimis that unanimously agreed to those shameful terms which king john yielded , had been enough to constitute a full representative of the nation . if they had been call'd to council not to fight , then indeed upon knowledge that matters of general obligation were to be settled , though but few had come , they would have concluded the rest . the army as it was computed were about , but that being made up of servants , villains and all manner of people , 't is not to be supposed that there were there nigh the half of the proprietors , which must have been present , to make any thing of general obligation without notice of its being so intended . of the same nature with this , was that shameful resignation of the crown before mentioned near dover , whereas the first agrreement was at dover . the same year his tenants who were to maintain themselves in his court and army at their own charge , complain that he had kept them out so long that they had spent all their money and could follow him no longer unless he supply'd them out of the exchequer . this year there was a great council at st. albans where were all the magnates regni and there was a confirmation of the laws of hen. the first , whereas we find nothing of that nature at any curia of the kings tenants and officers only . the same year he held his court on christmas at windsor , but a great council was held at oxford , the summons to which mr. selden produces , but sayes the record of it for ought he had seen is without example . rex vicecomiti oxon salutem , praecipimus tibi quod omnes milites ballivae tuae , qui summoniti fuerunt ad nos à die omnium sanctorum in quind . dies , venire facias cum armis suis . upon this part 't is observable , that there had been a general notice or proclamation of the time when he would have those that ow'd him military service to attend with their armes , but the place was not named , for they were to follow him whereever he would have his court , and therefore herein was an apparent grievance in some measure redress'd by his charter two years after in ascertaining the place of meeting to consult of aids and escuage ; but besides these tenants , there were others , corpora vero baronum sine armis singulariter & quatuor discretos milites de comitatu tuo venire facias ad nos ad eundem terminum ad loquendum nobiscum de negotiis regni nostri . teste meipso apud . witten die nov. eodem modo scribitur omnibus vicecomitibus . thus much i take to be clear from it , that here was an union of the ordinary curia regis , the court of the king 's military tenants , who were to attend with their armes , and of peaceable senators , in a great council . if the barones of whom the sheriff was to take special care were only such as were barons by tenure , 't is not supposable , that contrary to the obligation of their tenure , they should be ordered to come unarmed , whil'st only their tenants , or at least inferiour tenants to the king had their swords in their hands ; wherefore barones here must be taken in the most large and comprehensive sense . but this is farther observable , that where the summons was general to all the arch-bishops , bishops , abbots , priors , earles , barons , knights and free-holders , yet there has been a special inquest summoned or taken out of the generality , as in the summons to attend the justices in eyre . summoneas per bonos summ. omnes arch. ep. abb. pri. comit. baron . milites , & liberè tenentes de balliva tua , & de qualibet villâ quatuor legales homines & praepositum , & de quolibet burgo duodecim legales burgenses , &c. and even agreeably to this record of the of king john , we find that in the of henry the third , it was agreed , that there should be quatuor milites inquisitores , four inquisitors in every county , who were to be sworn in the county court , to enquire faithfully into the business of every county , in order to represent it at parliament , which has no semblance of their being the representatives of the counties , only the presenters and methodizers of that business , to which the great council gave their assent or dissent . from this time to the great assembly at rumny mead , i find neither a great council nor curia mentioned , that to be sure was of more than the king's tenants , as i have already shewn ; i shall only observe farther , that it consisted of that army which was got together on both sides . on the peoples side was a very great army comitum , baronum , militum & servientium , peditum & equitum cum communibus villarum & civitatum ; and after this , they had a great accession , by gaining the whole city of london , and all that were neutral before , and even most of those that had kept along with the king : upon this the king condescends to treat , the place is agreed upon , and accordingly convenerunt ad colloquium rex & magnates , who these were the record tells us , and the assembly was as general as the concession on the king's side , concessimus omnibus liberis hominibus nostris regni angliae pro nobis & haeredibus nostris in perpetuum , omnes libertates subscriptas habendas & tenendas eis & haeredibus suis de nobis & haeredibus nostris . even this was a curia regis in a large sense , but not the ordinary curia ; and though 't were the common council of the kingdom , as 't was the assembly of the whole community , yet not the ordinary common council , for that might be , and i need not scruple to say that it was , of the king's tenants and officers , which in that sense , and to the purposes for which of course it met , was the commune concilium regni , yet like the kings ordinary privy council , or his courts of justice long since settled at westminster-hall , they could exercise no act of legislation . if it be said , that the charging tenants with more than was due of custom were such an act , by the same reason the power of making by-laws would argue a legislative power , and there would be a little parliament in every village . without re-examining particular instances i conceive 't is obvious , that admit the ordinary curia regis at any time exercised a power peculiar to the great council , of which i dare boldly say there are very rare if any instances , such that it can be affirm'd with certainty this was an ordinary curia , without a more solemn convention , or summons ; yet in irregular times many of them would not make one legal president , especially against so many declarations and confirmations of the antient laws , and free customes , as princes either to obtain , or assure the crown to them swore solemnly , inviolably to observe and keep . if sometimes the marks of distinction between the curia regis , and the great council are not clearly apparent , in that the curia only might be summon'd ad colloquium , and in that sense might be styl'd parliamentum , though not generale parliamentum , and the generale parliamentum might be , as indeed it alwayes was , curia regis , though not the curia de more : yet the certain difference is upon particular instances , where the full circumstances are set down , alwayes to be known . as the ordinary curia consisted of the kings tenants , and officers ; and there appears no grievance worth publick notice to have lain on the last , nor on the first , as to their attendance at the wars , or as a court of justice , the remedy was properly apply'd by king john's charter , to that wherein they were uneasie , which was the assembling about the matters relating ad servitia to their services , without convenient notice for time , or for the occasion ; so that they might think it was only for matters of ordinary justice , which might go on well enough without them , when it was really to charge them in their properties , by such as should appear , by design and contrivance , which was a great mischief . wherefore for this the redress was , . that they should have forty dayes notice . . that the time , place and occasion of meeting should be ascertained . and then they that were there were justly concluded by the rest , and had no reason to complain of the charge . thus i conceive , i have given a rational account of this charter , and i question whether upon other grounds any man can reconcile it with the records and histories both before and since the charter till the of hen. . when 't is supposed that more than tenants in chief , which compos'd the common council here mentioned , were let into the great , or common council of the kingdom . if they cannot , i conceive they must take my sense . for , this charter was either declarative of the law as 't was before , or introductive of a new law . if the first , then it must be interpreted by the records and histories both before , and since , till a time of change can be assign'd with some colour . if introductive of a new law , then we must see what interpretation practice has put upon it ; not that the sense of a law is alwayes to be interpreted by practice , because then we should think , especially upon the several statutes against provisors , which were rarely executed according to the letter , that we could not judge of the sense of former laws by the plain words . but if the words will any way admit of a double sense , that sense is alwayes to be taken which agrees with constant practice , especially if the sense inclines most towards the practice . i have at large shewn the evident proofs , that to the great council of the nation there us'd to come more than the king's tenants in chief , and consequently this very charter confirming free customes of every particular the place , or of the inhabitants of those places . according to this charter the common council of the nation by law consisted of more than the king's tenants in chief , and that the law was thus there is a very strong proof , which turns upon them who suppose that king john's charter gives us the full form of the great council , and that none but the king's tenants in capite , made the common council or parliament of the kingdom till h. . in the thirty ninth year of h. . several years after he had granted and confirmed that famous charter , which alone obtained the addition of great , so that the magna charta or grand charter of william the first , hen. the first , king stephen , hen. the second , and king john , all lost their names , and were swallowed up in that , the baronagium or omnes fere angliae magnates refused to give a royal aid , demanded of them , the ground of their refusal is very remarkable . quod omnes tunc temporis non fuerunt juxta tenorem magnae cartae suae vocati . this some would render and call king john's charter , and that the complaint was , that the peers had not their particular summons according to the tenour of that charter . were it so , 't would prove nothing for them that urge it ; because it does not appear , but that the aid demanded might have been escuage or taillage , or both , which lay upon the king's tenants only , such a common council as that charter i conceive establishes . but it is cartae suae , not cartae regis johannis patris regis nunc : 't is the then king henry the third's charter , no man will say that 't was the barons charter , and besides it was the great charter , and no other charter then maintained that epithete . but what puts this out of dispute is , that though h. .'s charter was comprehensive of all the fundamentals of the government , and was so many times confirmed , and explained where it was thought needful ; yet there is not one clause referring to the great council of the nation , but what leaves to every particular place , and the inhabitants thereof all ancient customes and liberties ; so that unless it be proved that such a commune concilium regni as is in king john's charter , us'd to compose the great council exclusive of all others , ( excepting what is implyed in the general salvo at the end ) they must needs have referred themselves to the ninth chapter of henry the third's charter ( which indeed is but a revival of the law affirmed in king john's . ) whereby the city of london , all cities , burroughs , vills , townships , or parishes , the barons of the cinque ports , and all other ports were to enjoy all their liberties and free customes . that by villae is meant parishes , or townships . i think may appear from doomsday book , where villa is taken for the next division under an hundred . hic subscribitur inquisitio terrarum quo modo barones regis inquirunt ( viz. ) per sacramentum vicecomitis scirae & omnium baronum & eorum francigenarum & totius centuriae presbyteri praepositi vj. villani uniuscujusque villae . here are the sheriff , the great barons , and clergy-men and headboroughs within every hundred , and six inhabitants of every villa , parish or township , then follows an account of the several lands and tenures by hundreds and villae within those hundreds . now according to the ninth chapter of magna charta custome is to be the legal interpreter what was the great or common council of the nation , and as the whole nation is made up of cities , burroughs , and parishes or townships , they being the integral parts of every county , all the counties of england were to be summon'd according to their free customes . and methinks the right of the counties for their coming to the great council and its being preserved under the free customes of the villae , appears from the plea of the men of coventry the inhabitants of that villa in ed. . they plead and their plea is allowed , that in the times of that king and of his progenitors , which to be sure reaches to the custome before magna charta , they us'd not to be taxt as citizens , burgesses , or tenants of the kings demesn , but only along with the community of the county of warwick , that is , with the whole county and not with the cities , burroughs , and antient demesn of the crown . so that when the commune concilium , in k. john's charter , or the kings tenants in chief , laid any charge or gave an auxilium or aid , this could not affect them ; but when they came , and agreed to any charge with the body of the county , as part thereof , then they were liable , and no otherwise : and indeed the stream of records of both h. . e. . and e. . evidently prove all this : but let us touch the record , ex parte eorundem hominum regi est ostensum quod cum villa praedicta , civitas , burgus , seu dominicum regis non existat , ut homines villae predictae tanquam cives burgenses seu tenentes de dominico regis in aliquibus auxiliis , tallagiis seu contributionibus regi seu progenitoribus suis concessis non consueverunt talliari , sed tantum cum communitate com. warwic . &c. no man will imagine surely the meaning of this plea to be that the vill or town of coventry was not lyable when the kings immediate tenants taxt themselves only , but they were when such tenants taxt the whole county ; for that would have been an admittance of a grievance beyond that against which they petitioned , for by that the kings tenants might have excused themselves , and have laid the burthen upon them who were not tenants in chief , so that it would have been their greatest advantage to claim the priviledge of being tenants to the crown , and in that capacity to have had a right and priviledge to be parties , and consenting to all charges and grants laid upon them , and given to the crown : and for that they might have prayed in aid and pleaded king john's charter , nor should we have met with so many records in those times , whereby so many pleaded off the tenures in capite as chargeable and burthensome ; nay even the tenure of barony it self ; but on the contrary every one would have given the king great summs of money to have changed their tenures to have held in capite ut de coronâ ( when indeed it clearly appears they did the contrary ) because they not only could save their individual estate , if they had the sole power of making laws , and giving taxes , but would have encreased and better'd them by their services and tenures , which capacitated them to lay charge upon all the barons , knights and freeholders of england who held not in chief and who were by far the major part , many of which held of the great lords by such and such duties or payments pro omni servitio , and beyond that were not lyable without their own consents to be charged ; and all this is demonstrative if any will read over and consider the infinite number of pleadings in the ages we speak of , viz. ( for some few instances ) that a. b. holds of c. d. of his mannor of e. by paying s. rent or one bow and arrow , or one horse , or the like , pro omni servitio , or holds of the honour or castle of d. to find one or more men bene paratos cum armis to defend such a postern-gate or such a chamber there when summon'd by the great lord pro omni servitio ; but to charge them without their assent further , was to overthrow the very salvo in the end of henry the thirds , and in king johns charter , which runs thus . salvae sint archiepiscopis , episcopis , abbatibus , prioribus , templariis , hospitalariis , comitibus , baronibus , militibus & omnibus aliis tam ecclesiasticis personis quam secularibus omnes libertates & consuetudines quas prius habuerunt . if king john's charter , in the particular of which our dispute is , introduced a new law , then we must examine only what custome or practice followed upon it , or who made the common or great councils of the nation from that time to the th of henry the . that is , were of right to come , or to have notice of the councils sitting juxta tenorem magnae cartae suae , as is insisted upon in . the th of henry the . as above mentioned . that they were more than tenants in capite , which made the commune concilium in king johns charter , the record of the th of this king henry , where two for every county , besides tenants in chief ; were summon'd , were enough to evince . we there find writs to all the sheriffs of england , to summon the lesser tenants in chief , the omnes alios qui in capite tenent de nobis , as in k. johns charter , and two more to be chosen by every county respectively , the precepts recite ( though 't were falsum & deceptorium , as the historian tells us ) that the earls , barons , & caeteri magnates regni , had promis'd to be at london with horse and arms , to go towards portsmouth , in order to passing the seas with the king for gascony , against the french king who then was in war with king henry . mandamus ( says the record ) quod omnes illos de ballivâ tuâ , qui tenent viginti libratas terrae de nobis in capite , vel de aliis , qui sunt infra aetatem & in custodiâ nostrâ ad idem distringas , which was to perform their personal services , which not requiring their crossing the seas , here is a suggestion that 't was by the advice of the great council . but besides the services of tenants in chief , who were to be out upon their charges no longer than forty days ; the king wanted a supply of moneys to maintain them beyond that time , and therefore for this he directs a representative of the several counties . tibi districtè praecipimus quod praeter omnes praedictos venire faciatis coram concilio nostro apud west . in quind . paschae prox . fut . quatuor legales & discretos milites de comitatibus praedictis quos iidem com. ad hoc elegerint vice omnium & singulorum eorundem , viz. duos de uno com. & duos de alio ad provid . unà cum militibus aliorum com. quos ad eund . diem vocari fecimus , quale auxilium nobis in tantâ necessitate impendere voluerint . these were to come vice omnium & singulorum , instead or in the place of all the free-holders of the county , which asserts their personal right : but further , et tu ipse militibus & aliis de com. praed . necessitatem nostram & tam urgens negotiam nostrum diligenter exponas & ad competens auxilium nobis ad praesens impendend . efficaciter inducas , ita quod praefati quatuor milites praefato concilio nostro ad praed . term . pashae respondere possint super praed . auxil . pro singulis comitat. these were properly to come in the stead of all , for they were only deputies to carry the sense of their principals , the matter was to be propounded in the county courts before the knights there chose , & aliis , and the rest of the free-holders ; this whole assembly was to be moved to grant a large contribution , and the knights were to make the tender of their present , before the king and his council ; if the county had wholly refused , the knights had no power then to grant for them , so says the record , for it was to be propounded to all , ita quod , the knights might answer for an aid from the county . and it seems whether the counties chose deputies or not , or gave them not full instructions , the king was not able to work upon them that met at the place and time then appointed , but they broke up in great discontent . et sic cum summa indignatione tristes admodum proceres recesserunt . but if the tenants in chief made the common council of the kingdom till h. . and had a power to tax the rest of the nation de alto & basso ad meram voluntatem suam : why this summons for a representative of the counties ? the very next year , being the th above-mention'd , the king sollicites them for aid . they tell the king he undertook that war against france , for which he demanded aid , sine consilio suo & baronagii sui . and when some were for complying with the kings demands : they answer , that all were not call'd according to the tenour magnae cartae suae , that is , of this kings great charter . now whether this were because many who were exempted from common summons ( for many such there were by particular charters ) had not special summons , singulatim from the king himself , or that he put a representative upon them , whereas they might plead that 't was their free custome to come themselves in person , or send as many as they pleased in their names , i need not determine ; it being enough that here were more than tenants in capite . but a mighty argument has been raised against inferiour proprietors or the barones , milites & liberè tenentes , which held not of the king , being part of the great or common council of the nation , upon such records as mention their being summon'd coram concilio . and in effect the force resolves into this , they are no part of the kings standing council , the assistants to him and his lords , or of his common council of tenants and officers in the curia , therefore no part of the great or common council of the kingdome . to clear this , i need offer but one instance of many . at christmass in the th of hen. the . he held his curia at oxford , but 't was more than a curia de more . tenuit curiam suam praesentibus comitibus & baronibus regni , words of an extensive sense , or ad natale dom. fuit apud oxoniam ubi festa natalitia solemniter cum suis magnatibus celebravit . we have a record of a subsidy granted that year , probably in that very curia , coram nobis & concilio nostro praesentibus arch. cant. ep. com. & magnatibus nostris de communi omnium voluntate . now many of these were members both of the standing council and curia too , and yet were coram nobis & concilio nostro : but the meaning of it is , that this was granted either before the king and his standing council , or the king in his curia by all these , that is , here was a conjunction of all councils in one , adunatis conciliis . but because here are only com. bar. & magnates mentioned as if here were not any but great lords : 't is to be observed , and cannot be denied by any antiquary , that free-holders , and they that came from the counties as the representatives of such , had the appellation of magnates , even a long while after : and therefore much rather before , when lands had fewer owners , the owners , especially such as came in their own persons , were magnates . in the of this king in parliamento london . so mat. westm . p. . rex angliae r. comes norfolc . &c. caeterique magnates angliae , consented to the excommunication of all the violators of the great charter . rex & praedicti magnates , that is , as is explain'd by fleta who was judge in the th of edward the first , archiepiscopi , episcopi , abbates regni angliae , priores , comites , barones , milites , & alii magnates : the record goes on , & communitas populi protestantur publicè in praesentiâ arch. cant. nec non & episcoporum omnium in eodem colloquio existentium . in cujus rei test . & in posterum veritatis testimonium tam dominus rex quam praed . comites ad instantiam magnatum & populi praesentium scripto sigilla sua apposuerunt . here the communitas populi were the communitas civitatum & burgorum ; for the rest were magnates , the king and some earls subscribed at the desire of the rest . perhaps by this time they that suppose the commune consilium regni within king john's charter to have been a full parliament , or great council , till the th of henry the third , will compound for their notion , and will yield , that more than such often came to council , but that 't was of courtesie , and that the king 's immediate tenants alone could charge the rest , and often did . for which they have two false grounds ; though perhaps but one within the time we are now upon , yet both are worth notice . . they take it for granted , that the lords us'd to answer for their tenants in benevolences out of parliament ; and upon this weak , and at least uncertain foundation , they build the supposition , that they at other times represented them in all great and publick councils . . ( which falls within the time ) that it should seem by record , that the immediate tenants have charg'd others without their consent . . to prove that the lords answered for their tenants , they run back as far as william the second's reign ; when his brother robert sent to him to borrow ten thousand marks of silver , proffering normandy for security for repayment . the bishops , abbots , and abbesses , brake in pieces the silver and gold ornaments of their churches , the earls , barons , and sheriffs , suos milites spoliaverunt , that is , robbed those which were under them ; and 't is a fine president for the right of the thing , which carries sacrilege and robbery in the face of it . here the sheriffs robb'd or took away from the freeholders that were within their ball'ia or balliva , and the lords took from the tenants within theirs ; wherefore if the lords could charge their tenants , the sheriffs could the freeholders : but i would fain see one president , that the kings tenants ever answer'd for them that were within their ball'ia , further than the sheriffs did for those within theirs , which at the most was as collectors under the king , of what was duly charg'd upon their tenants ; but generally i take it , they did no more than certifie how many held of the king within their precinct , as the jurisdiction of great men extended its self within such a compass , they were best able to give the king an account of those that were liable to any payment within that ball'ia . and thus in henry the second's time , the king issues out his precept , that quilibet praesul et baro should certifie quot milites tenerent de ipso rege in capite ; this was for escuage towards the marriage of the kings daughter , to which all that held in capite were lyable ; and here the great lords were to certifie for the resiants within the compass of their leet or ball'ia , though they held not of them , but of the king : upon such certificate , according to the number they return'd , so many were enter'd in the exchequer rolls , under the name of such a lord ; and thus we find it expresly in the case of the prior of coventry . compertum est in rotulo regis h. tertii sub titulo de auxilio ad primogenitam filiam regis maritandam , viz. de quolibet scuto s. contineri sic . prior de coventry reddit compotum de l. de decem feodis de quibus quidem decem libr ’ . willi ’ tunstall vic. dicti comitatus in compoto suo de anno ipsius regis h. oneratus fuit . here so many knights fees are enter'd under the prior's name , but the sheriff collected for them . upon this the prior pleads , hoc ei non prejudicat in hac parte , dicit enim quod auxilia illa non fuerunt nec censeri possunt esse servitia , imò quaedam subsidia per magnates et communitatem régni spontaneâ et merâ voluntate regi concessa , et tam de tenentibus aliorum quam de tenentibus de domino rege levanda . 't is observable , the ground of demanding for so many knights fees was the entry on the roll in the th . of henry the d. and he pleads , that at that time the coumunitas regni were parties to the grant ; and that it was charg'd by , and lay upon more than tenants of the king in chief , but that he was chargeable upon the account of aid or service with but two knights fees , which he says may appear by the certificate of the then prior , de feodis quae ipse tunc prior tenuit de veteri feoffamento , that is , the number of knights with which he was to serve , according to the first infeodation from the crown , & de novo , which is the number of knights fees rais'd under him by sub-infeodations , the first were all that he could be answerable for , but the second could not be charg'd without their own consent , the charges upon such were , quaedam subsidia per magnates & communitatem regni spontaneâ & merâ voluntate regi concessa . and thus we find the records , ( . ) that the kings tenants were answerable no farther than according to the vetus feoffamentum . so in the th . of henry the d. the sheriff is requir'd to shew cause why he distrain'd a man for two knights fees , who pleads that he held but one , de veteri feoffamento . monstravit , &c. quod cum non teneat de veteri feoffamento nisi feod . unius militis in comitate tuo tu exig . &c. quantum pertinet ad feod . duorum militum & eâ occatione averia sua cepisti , &c. ( . ) that lords of mannors could not charge their tenants without their consent . rex omnibus & liberè tenentibus de episcopatu lond. reciting the great debts which the bishop had contracted in the kings service , the king earnestly entreats the bishops tenants to make a contribution towards the supply of his necessities , which surely need never have been , if the bishop had by virtue of the feudal law , power of charging his tenants , or raising upon them what he had pleas'd . unde vos affectuosè rogamus quatenus amoris nostri intuitu efficax ei faciatis auxilium ad debita sua quibus pro favore nostro honoratus est . ita quod exaudita in hac parte prece nostrâ precibus vestris pro loco & tempore nobis porrigendis aures benignas exhibere debeamus . ( . ) when there was a grant of more than from the kings immediate tenants , whose grants were in the nature of services , if it reacht beyond the vetus feoffamentum , 't was spontanea voluntate suâ & sine consuetudine . ( . ) but there is a knocking record which i wonder i find no where insisted upon , to prove the kings tenants to charge others . sciatis quod arch. episc . abbates , priores , comites , barones & omnes alii de regno nostro qui de nobis tenent in capite spontaneâ voluntate suâ & sine consuetudine concess . nobis efficax auxilium , &c. undeprovisum est quod habeamus de singulis feodis militum & wardis quae de nobis tenent in capite duas marcas ad praed . auxilium . here was a grant only from tenants in capite , and yet it may be urged , that other records explaining this , shew , that the grant reacht to the novum feoffamentum , as well as the vetus . but it will be said , that i make an argument for them , which they are wiser than to offer , since the records of this very cleerly overthrow it ; yet if there be no better , i may offer this , that they may cultivate and improve it . the matter of fact , i take it , was , that the tenants in capite granted by themselves a charge upon the vetus feoffamentum , and the record which mentions their grant goes no farther , but another record of a grant from ecclesiastick tenants in chief is more express , and explains the other . cum peteremus à praelatis angliae quod nobis auxilium facerent , pro magnâ necessitate nostrâ de quâ eis constabat , viz. epis . abbatibus abbissis , prioribus & priorissis qui de nobis tenent in capite ipsi nobis liberaliter concesserunt auxilium tale , viz. de singulis feodis militum suorum s. de tot feodis de quot ipsi tenentur , nobis respondere quando nobis faciunt servitium militare . this is express , that the tenants in capite , granted only for so many knights fees as were of the vetus feoffamentum , that is , so many as they were to answer for , when they were to perform their military services to the crown . but whereas in the th . the tenants in capite were said to have made such a grant , and at the same time there was a grant which reacht to the tenants de novo feoffamento , the record mentioning that , shews us that more than tenants were parties to the grant. rex vic. somer . salutem sciatis quod comites & barones , & omnes alii , de toto regno nostro angliae spontaneâ voluntate suâ & sine consuetudine concess . nobis efficax auxilium ad magna negotia nostra expediend ▪ unde provisum est , de consilio illorum quod habeamus de singulis feodis quae de nobis tenent in capite & de wardis tam de novo feoffamento quam de veteri duas marcas . whether the tenants in capite granted at this council by themselves , or all agreed in one body , is not material , but here is a grant from all , jointly or severally ; i will shew one instance , which is barely of such a commune concilium regni , as king john's charter exhibits . rex bar. quia per commune concilium com. baronum & aliorum magnatum nobiscum in walliâ nuper existentium provisum est quod nos & ipsi qui servitium nobis fecerunt , ibidem habeamus scutagium nostrum , viz. de sicuto s. pro exercitu nostro wall ’ anno regni nostri . vobis mandamus quod de omnibus feodis militum quae tenentur de nobis in capite vel de wardis in manu nostra existentibus exceptis feod . illorum qui brevia nostra habuerunt de scutag . suo habendo levari fac . scutag . nostrum ▪ here was a common council of tenants , such is according to their obligation of their tenure , had attended the king in his wars , and they laid escuage upon them which did not perform their services due , which still were only tenants in chief , and the tenants of the king's wards which were liable to the same service , and they which made default , were to pay escuage to the king , which he says was to his tenants too , in as much as he out of that satisfi'd their charges beyond the duty of their tenure . i think i have clear'd my way to the treasury of records in this kings reign , which acquaints us with the members of the great council of the nation . as before is observ'd , for the obtaining magna charta , and charta de forestâ , the arch. episc . abbates , priores , comites , barones , milites & liberè tenentes & omnes de regno granted a subsidie . there is a grant of carvage , which bracton says , us'd to be consensu communi totius regni , not being a service , or such as tenants only us'd to charge or pay the reward , has it , omnes magnates & fideles totius regni nostri , granted de qualibet carucatâ duos solidos . the king in his letter to the pope , says , that he had summon'd to northampton , arch. episc . abb'es ac omnes magnates totius regni , to give him concilium & auxilium . the king undertook a foreign voiage , de communi concilio omnium comitum & baronum nostrorum angliae . a fourth part of their moveables is granted by the archiepiscopi , episc . abbates , priores & clerici terras habentes quae ad ecclesias suas non pertinent , comites barones , milites , liberi homines , & villani de regno nostro . so that 't is plain here , who made the cōmune conciliū regni , and gave the subsidie , the arch-bishops , bishops , abbots , priors , inferior landed clergy-men , the counts , barons , knights , free men , it being a grant of goods not lay'd upon land ; and that it may fully express the parties to the grant , the record tells us there were the villani the inhabitants of every villa . a provision about the sheriffs turns , hundred-courts , wapentakes , and the courts of lords of mannors was de communi concilio domini cant. & omnium episc . comitum , & baronum & aliorum . comites & barones & omnes alii de toto regno nostro concess . nobis efficax auxilium , &c. it is provided , coram venerab . patre cant. arch. & coram majori parte episc . comitum & baronum totius regni nostri angliae , that no assize of darrein presentment shall be taken of any prebendary belonging to a cathedral church . at a parliament , cum ad mandatum nostrum convenirent , apud west . archiepisc . abbates , priores comites & barones totius regni nostri & tractatum haberent nobiscum de statu nostro & regni nostri , they grant a subsidy archiepis . abbates ▪ priores , & cler ’ terras habentes quae ad ecclesias suas non pertinent . comites , barones , milites , & liberi homines pro se & suis villanis . m. partem omnium mobilium suarum . nus volens & otroiens ke ce ke nostre — la greignure partie de eus ki est esluz paromis & par le commune da nostre roiaume a fet u fera al honir de dieu & nostre foi & pur le profit de nostre roiame sicum il ordenera seit ferm & estable en tuites chesel a tuz jurz commandous a tuz noz faus & leaus en la fei kil mis devient kil fermement teignent & jurgent a tenir & meintenir les establissements que sunt fet u sunt a fere par lariont dit conseil . this agrees with what was done afterwards , in the d . of this king , and it seems by this , that even in the th . par le commune de nostre roiaume , by the whole realm or great council , the king had a special council assigned , which was to have an extraordinary power . magnates nostri ad sedem apostolicam appellarunt & quosdam pro universitate totius baronagii angliae ad concilium in brevi celebrand ’ ad appellacionem pred ’ prosequendam duxerunt destinandos . the barnagium here according to mat. paris , were , barones , proceres & magnates , ac nobiles portuum maris habitatores , nec non clerus , & populus universus . the pope had order'd , de apostolicâ se●e , that a years profit of the churches which were of the gift of lay-men , should be settled by way of subsidy upon the church of canterbury ; but 't was deny'd in full parliament . magnates terrae nostrae noluerunt in ultimo parliamento nostro quod fuit london ut de ecclesiis ad donationem laicorum spectantibus &c. in parliamento nostro oxon. communiter fuit ordinatum , that was about settling and new modelling some things relating to the government , which the king promiseth should be done , per concilium proborum et fidelium hominum nostrorum regni angliae unà cum consilio legati domini papae . pur le profit de nostre reaum et a la request de mes hauz homes e prodes homes e du comun de nostre reaume . the king and people having in the d. agreed upon a standing council , and that what they did in the way of settlement , should be effectual , and acquiesced in on all sides . cum &c. promiserimus praedictis proceribus et magnatibus nostris quod reformac'onem et ordinac'onem per praedictos vigitni quatuor vel majorem partem eorum faciend ’ ratam habebimus et firmam . &c. hereupon in the th they order a representation of . for every county , pro ea vice , but do not yet settle it for a standing rule . cum ex parte episcopi wign ’ com. leicester & gloucester ac quorundam aliorum procerum regni nostri vocati sunt tres de singulis comitatibus nostris quod sint coram ipsis ad sanctum albanum secum tractaturi super communibus negotiis regni nostri . here the lords of the council exceeded their power , and , as if the king were a cypher in the government , would have the knights from the several shires come before them ; the king , not without reason , jealous of his honour , commands , that they which had been summoned to st. albans , should come to him at windsor . nobiscum super premissis colloquium habituros . venerab . pater g. eboracensis arch. angliae primas et alii praelati magnates milites liberè tenentes et omnes alii de regno nostro servitium fecerunt et auxilium ultra quā tēporibus retractis in aliis sūmonitionibus exercitus nostri facere consueverunt . this the king promises should not be drawn into consequence ; upon an extraordinary occasion they that were not accustomed to perform military service , did it then ; and they that did owe services , did more than they were oblig'd to by their tenure ; all , as well those that held not of the king in chief , as those which did , joyn'd together and made a general charge upon the kingdom of subsidium et auxilium . in the th of this king , there was a right understanding between him and his people , the record sayes , haec est forma pacis a domino rege et domino edwardo filio suo praelatis et proceribus omnibus et communitate regni angliae communiter et concorditer approbata , &c. amongst other things , 't was agreed , ad reformac'onem status regni angliae , that they should chuse men who should have power from the king to name nine that should be the kings standing council ; and if any of the three displeas'd the community , si videatur communitati prelatorum et baronum , one or more was to be plac'd in their room , per consilium communitatis praelatorumet baronum . and the record concludes , haec autem ordinatio facta fuit apud london de consensu voluntate et praecepto domini regis necnon praelatorum , baronum ac etiam communitatis tunc ibi praesentium . the council so chose as aforesaid , were to advise the king in hiis quae spectant ad regimen curiae , et regni . and at that time , or immediately upon it , rex statuit et ordinavit , as mr. camden tells us , whose authority i shall enforce , that none of the multitude of barons should come to parliament , but they to whom the king vouchsaf'd to send his special summons , or were chose by the people , in pursuance of the alia illa brevia . what i have already drawn from the bowels of antiquity , makes me think that mr. selden was arriv'd to this maturity of judgment , when he put out the first edition of his titles of honour ; wherein he received without doubting the testimony of the learned clarenceulx mr. camden , concerning the new modelling of the great council of england , which mr. camden tells us , he has out of an author old enough to know the truth of his assertion ; upon this authority , mr. selden took it then pro concesso , that the alteration was as is there shewn , and began in the th of hen. the third , and that the first summons accordingly was the th ; which he illustrates by the like many years after in scotland . item , the king with the consent of the hail council generally , hes statute and ordained , that the small baronnes , and free tennentes , neid not to come to parliaments nor general councels , swa that of ilk shirefdome their be send , chosen at the head court of the shirefdome , twa or maa wise men after the largeness of the shirefdome . all bishops , abbots , priors , dukes , earls , lords of parliament , and banrets , the quhilks the king will be received and summon'd to council and parliament , be his special precept . this i conceive is an illustration of mr. camden's authority . ad summum honorem pertinet , speaking of the word baro. ex quo rex henricus ex tantâ multitudine quae seditiosa et turbulenta fuit optimos quosque rescripto ad comitia parlamentaria evocaverit : ille enim , ( ex satis antiquo authore loquor ) post magnas perturbationes et enormes vexationes inter ipsum regem , et simonem de monte forti & alios barones motas , & sopitas statuit & ordinavit quod omnes illi comites & barones regni angliae quibus ipse rex dignatus est brevia summonitionis dirigere venirent ad parlament ’ suum , & non alii nisi forte dominus rex alia illa brevia dirigere voluisset , sed quod ille paulo ante obitum incepit ed. . ejusque successores constanter observarunt , unde illi soli regni barones censebantur qui ejusmodi summonitionum ut vocant rescriptis ad comitia evocaverant , donec r. . joannem de beauchamp de holt baronem de kiderminster diplomate dato . octob. anno nostri sui . . creaverit . the substance of this is , that the word baro , was applicable to the whole people , the body of free-holders , especially as assembled in parliament , till the king confer'd particular honour upon some by his especial writs of summons , and none other came , but in pursuance of the aliae illa brevia , that is , the writs for elections in counties , cities , and boroughs : that this was begun to prevent those tumults , of which both the king , and the barons , had fatal experience . that this was enacted in due form of law ; though the form is not express'd , yet 't is imply'd under the statuit & ordinavit , being words of legislation , and for confirmation , that it was so , it has been followed ever since : and that the barons by creation , who have ever since their creation had right to sit as of the higher order previous to their sitting or express summons , came not in till the th . of richard the second . against this mr. selden , whose insight into records and ms's made him take it ill that any should escape his view , has rais'd these objections . ( . ) in all occurrences that i meet with ▪ since the grand charter of king john , i find no mention of any interest that those other tenants in chief , eo nomine , had in parliament , who doubtless were the persons that were excluded from it , when soever such law was made . tanti viri pace , this objection comes not nigh the point , it not being prov'd at least , that king john's charter gives the form of a parliament or general council , or of any other than a council of the kings tenants , for matters belonging to their tenure : and this sense mr. selden himself confirms , when he says , that he finds not that the minores barones in chief , or those other tenants in chief , eo nomine , had any interest in parliament ; now not having any peculiar interest , what need of a particular exclusion ? ( . ) besides , we have some good testimany of barons being distinguish'd by holding in chief , from others that held not in chief , long before the end of henry the third , or the time to which that ancient author refers the law of alteration , which seems to shew , that there were then barons by writ only ; as well as ancient barons by tenure : that testimony in mat. paris , rex edicto publicè proposito ( saith , he , speaking of the th . of henry the third , et submonitione generaliter facto fecit notificari per totam angliam ut quilibet baro. tenens ex rege in capite haberet prompta & parata regali praecepto omnia servitia militaria , quae ei debentur tam episcopi & abbates quam laici barones . barons holding in capite are mention'd here as if some held not so , which must be such as were barons by writ only . thus much he yeilds here . if there were not barons by writ , there being in those times other barons besides barons by tenure , mr. camden and his author were in the right , and the word baro , was of large extent , that is reacht to every free-holder , who according to sir henry spelman , had that appellation . however it does not follow , because there were other barons besides barons by tenure , that they must be by writ ; for what hinders , but that they might have been by reason of their possessions , and the freer from feudall tenure , so much the rather barones , as free-men . the distinction of barones majores and minores , i take it has been moveable , sometimes all the tenants in chief were majores , as in henry the seconds time , where the barones secundae dignitatis , that is , minores , are added to sit upon the judgments with the tenants in chief : in king john's time we find majores barones holding in chief , & alios , so that , the estates of the great barons being parcel'd out , some that held immediately of the king , were minores barones , by reason of the smallness of their estates . but this is clear from record , that writs of special summons made none barons out of parliament , whatever they did in parliament , except where there was such an unusual clause as we find in a writ of summons , h. . volumus enim vos & heredes vestros masculos de corpore vestro legitimè exeuntes barones de vescey existere . here was a special clause of creation to a barony ; but if the usual writs , quatenus , writs of summons , made none barons out of parliament , and there is not the least ground of conjecture , that such writs were devis'd in the time of henry the third , it follows , that when henry the third summon'd only his own tenants to perform their military services , not to parliament , and these were barones tenentes in capite , but there were other barons omitted , that these barons must have been such , by reason of their freehold . that an usual writ , or writs of summons , made none barons out of parliament , appears very fully in the case of thomas de furnivall , in the court of exchequer . thomas de furnivall had been amerced tanquam baro. he pleads in discharge of his amercement , that he was no baron , nor held by barony , or part of a barony , licet ipse baro non sit , nec terram suam per baroniam vel partem baroniae teneat , nihilominus idem thomas pro quibusdam defaltis in quibusdam curiis , &c. in eisdem curiis tanquam baro amerciatus fuit . now according to mr. selden's notion , he ought to have pleaded that he was no baron , in that he neither held by barony , nor had receiv'd or us'd to receive special writs of summons to parliament . but 't is observable , that the only matter put in issue by the direction of the court , was , whether he held by barony , or no , et quia barones ante quam ulterius , &c. volunt certiorari super superius suggestis . concordatum est quod inquiratur inde & quod robertus de nottingham rememerator hujus scaccarii assignetur ad capiend ’ inde inquis , &c. et datus & dies prefato thom. per attornatum suum pred hic à die pasche in unum mensem ad audiend & reccipiend inde quod cur. &c. there was an inquisition directed into the several counties , where he had lands to know how he held them , and according as his tenure appear'd to be , was he to receive judgment upon his plea ; and 't is certify'd , upon the inquisitions taken , that he held not any land per baronium vel partem baroniae , and therefore according to the sense of the whole court , though we find not the judgment then given , non fuit baro. and yet this man had been call'd to thirty parliaments before the time of his plea ; and his son , as i take it , was call'd to seven in the life-time of his father , thomas de furnivall sen. summonitus fuit per breve ad parl ’ rot. claus . ed. . m. . dorso . rot. claus . ed. . m. . d. . ed. . m. . d . m. . d. . m. . d. . m. , . d. . m. , . d. . m. . d. . m. . d. . m. . d. . m. . d. . m. . d. rot. claus . ed. . m. . d. . m. . d. . m. . d. . m. . d. . m. . d. . m. . d. . m. . d. . m. . d. . m. . d. . m. . d. . m. . d. . m. . d. . m. . d. . m. . d. . m. . d. . m. . d. . m. . d. . m. . d. thomas de furnival , jun. rot. claus . . d. . m. . d. . m. . d. . m. . d. . m. . d. . m. d. . m. . d. . m. . d. this great man was no baron in the sense of the word baron then appropriated , the several writs of summons had made him no baron , and yet he was a lord of parliament , and since the king dignatus est brevia summonitionis ad eum dirigere , according to mr. camden , he being before one of the multitude of barons , the word baro which was applicable to all the nobility , the free-holders in him , pertinebat ad summum honorem . mr. selden's last objection is this , ( . ) that old author also used by the learned camden , speaks of earls no otherwise than of barons , as if some like exclusion had been of any of them also ; than which nothing can be more advers to the known truth both of that age , and all times , and even in that we have some character of the slightness of his authority , whosoever he were . this i conceive can be of no great weight , for he might as well have said that barons were never excluded before , and by the same consequence not then ; for i know not how any man can prove , that earls had more right than barons , in the most honourable acceptation especially . but this being then made a law , 't is not improbable , that the disposition of this honour of receiving particular writs of summons to parliament , might have been lodg'd in the breast of the king , who is the fountain of honour ; nor is it likely that any earl , but he that justly forfeited the kings favour , would have been denied it ; however , he were deprived of no natural right . since the th . of richard the second , indeed , the nobility have had settled rights by patents , which are as so many constant warrants for the chancellor to issue out the writs of summons , ex debito justitiae ; with this agrees the great antiquary , sir henry spelman . sic antiquae illa baronum dignitas secessit in titularem & arbitrariam regioque tandem diplomate id circo dispensata est . upon the dissolution of the separate court of tenants , the tenants still succeeding to that jurisdiction and preference in the way of being call'd to the great court , which they had in and to the less , without such a provision as mr. camden takes notice of , i will grant , that the majores barones holding in chief , ex debito justitiae , would have had right to special summons , but the lesser tenants had the same right to a general summons ; and the right of being represented , as properly concluded , the one as the other , unless where the king had exerted his prerogative . but where the king ex tantâ multitudine baronum , differing in their circumstances , ( some holding of him immediately , others of measn lords , and his very tenants being divided into two different classes , of majores and minores ) advanc'd some to be of his particular council in parliament . this , with submission , i take it , made them not judges in parliament , eonomine ▪ because a court may amerce its own members , but counts and barons by magna charta , are not amerceable but by their peers , and therefore none but their peers could without their own consent be of the court with them ; which though they might be with consent , as to all acts amongst themselves , still it would be a question how far they might without particular patent or writ creating them to such honour ; act in that station to the prejudice of others . that special summons to parliament , without a seat there granted and settled by the king , gives no man vote amongst those who now have right to such summons , appears , in that the judges and masters in chancery have had the same writs with the lords ; and yet are , and have been , but assistants to them , no members of their house . the great tenents in chief , and others , in equal circumstances , were pares to one another , and if such an one was chose knight of a shire , though the lord coke says , the king could not grant a writ to supersede his coming that was so chose , because 't was for the good of the commonwealth ; yet he being look'd upon as one that ordinarily would be specially summon'd , the king might supersede it ; and thus we find even before any settled right by patent . rex vicecomiti surria salutem , quia ut accepimus tu thomam camoys chivaler , qui banneretus est sicut quam plures antecessorum suorum extiterint ad essendum . unum militum venientium ad proximum parliamentū nostrū pro coōmunitate comitatus praedicti de assensu ejusdem comitatus elegisti , nos advertentes quod hujusmodi banneretti , ante haec tempora in milites comitatus ratione alicujus parlamenti eligi minimè consueverunt , ipsum de officio militis ad dictum parlamentum pro communitate com ’ praedict venturi exonerari volumus , &c. when tenants in chief , oreorum pares , werce call'd by special writ , they very properly exercised the same jurisdiction which tenants did before in their separate court. in the th . of richard the second , many having refused attendance , and not owning themselves liable to amercements , because of absence , if tenure laid not a special obligation upon them , comes an act of parliament which makes it penal to refuse , or rather delares , that the law was so of old . all singular persons and communalties ▪ which from henceforth shall have the summons of parliament , shall come from henceforth to the parliament , in the manner as they be bounden to do , and hath been accustomed , within the realm of england of old times , and every person of the same realm , which from henceforth shall have the said summons ( be he arch-bishop , bishop , abbot , prior , duke , earl , baron , banneret , knight of the shire , citizens of city , burgeis of burgh , or other singular person , or commonalty , do absent himself , and come not at the said summons , except he may reasonably and honestly excuse himself to our said sovereign lord the king , he shall be amerced , and otherwise punished , as of old times hath been used to be done in the said realm ) in the said case . this shews that of old time , they who were summon'd by the king , or chose by the people , ought to come to parliament ; but this being before any patent , or writ of creation to the dignity of peer , and to a seat in parliament , supposes no obligation upon the king to give any special summons ; indeed where he had granted charters of exemptions from common summons , there he had oblig'd himself ( if he would have them oblig'd by what pass'd ) to give special summons , were it not that they might have been chose in the counties particularly , ( which alters the case from what it were , if every body came , or might come in their own persons , some by special , others by general summon's ) but this exemption , and particular summon's after it , made none peers that they found not so , but they that came were to come as they were bounden , and insuch manner , as had been accustomed of old . which is pregnant with a negative , as if it were in such manner , and no other manner , quality , or degree : and thus they us'd that to come as assistants to the lords , continue even at this day to come in the same manner , and no otherwise , notwithstanding particular writs of summon's eodem modo as to the lords of parliament . this is further observable , that in the forecited statute , and records , bannerets are spoken of as above knights of the shire , and these were certainly some of the pares baronum which often occur to us . if these receiv'd their summons to parliament , it seems , as it had been of old accustomed , they were to have voices with the barons . it may be urg'd , that they which held by barony , and their peers , pares baronum , were by the law exempted from being of common juries , because they were lords of parliament : and therefore they were to come of course and right . to which it may be answerered , that is a priviledge above the rest of their fellow subjects , to be own'd by them , as being in common intendment likely to be call'd to parliament , and therefore so accounted by the courtesy of england ; but what do's this signifie to bind the king ? who is above the reach of an act of parliament , unless particularly nam'd . but for this a resolution by all the judges of england in the reign of hen. the th . is a full authority , where 't is adjudged , that the king may hold his parliament without such lords as come onely upon the account of their possessions . the same in effect mr. selden tells us , in in his notes upon eadmerus , neque eos ( speaking of barones ) duntaxat ut hodie significare , quibus peculiaris ordinum comitiis locus est , sed universos qui saltem beatiores regia munificentia &c. latifundia possidebant . so that he was of opinion here , that there were several who had great estates of the immediate grant of the crown , who yet had no seat in the house of lords . i would not be thought to assert any thing dogmatically , i onely offer by way of learning , some thing which perhaps will be look'd on as paradoxes at the least . i divide not my matter into heads and positions , because i run counter to the sense of many great names : and the direct opposing such in thesi would be invidious , and gain a disadvantage to the authorities i produce . if any body will take the pains to shew me , by authentick proofs and warrantable reasons , that all or most of the records or histories by me cited , or others not occurring to me , ought to be taken in a sense contrary to what has appeared to me , i shall thankfully receive and acknowledg his instructions ; but till then i must crave pardon if i cannot swallow or digest any learned modern antiquarie's bare ipse dixit , where i find the best of our historians and a series of records in my judgment diametrically opposing and contradicting their positions and assertions i am aware , that besides the many slips of an hasty pen , and the weakness perhaps of several of the inferences , which amongst some avocations may have pass'd neglected ; there is a material objection against the foundation of the whole , which is the general agreement of records and histories , that till the th or th of henry the third , all proprietors of land came to the great council without any settled exclusion ▪ when yet we many times find that the councils were held in churches , or halls , and yet at those times 't is said that the populus were there as if the great men were the standing representative body of the nation , and answer'd for all the people , the freeholders of the nation . to which i answer , ( according to the modus tenendi synodos , which i may apply to the civil councils ) that the probi homines , or bonae conversationis came sometimes in their own persons , and when they agreed to it , which was no abridgment of their personal right , they came by representation ex electione , and every one was there himself virtually by his deputy , but they often met in vast bodies , and in capacious places , both in the saxon times , and after william the first obtained the imperial crown . the whole body of proprietors were assembled at runemed between stanes and windsor at the passing of king john's charter ; and if we believe matth. westminster , it was not unusual for the kings of england long before king john's time , at that very place to meet their people to treat of the affairs of the kingdom . maximus tractatus habebatur inter regem et barones de pace regni inter stanes & windsoram in prato quod dicitur runemed quod interpretatur pratum concilii eö quod ab antiquis temporibus ibi de pace regni saepius consilia tractabantur . this shews the usual places of assembling to have been large enough for all the people , which are in so many records and histories printed and in manuscript , said to have been present at the great or general councils ; i shall conclude with one instance of the parties present at such a council , which is deliver'd with sufficient perspicuity . anselm in one of his disputes with henry the first , desires the debate may be adjourn'd till the easter following . differantur haec si placet usqu ; in pascha ut audito episcoporum , regnique primatum consilio , qui modò non assunt respondeam hinc . upon this anselm comes to the court at easter , igitur in pascha curiam venit regni ingenuitatem praesens consulit , communi consilii vocem accepit , &c. here the council episcoporum et primatum , to which he referr'd himself , was reciprocal with the ingenuitas regni , that is , as sir henry spelman shews us , the liberi et legales homines , the good honest freeholders , some of which were no better than plebeians . and therefore this authority alone , especially as 't is strengthned by those others to the same purpose , which i have cited absque dolo et malo ingenio , evince to me , that he or they who put out the second part of sir spelman's glossary , did not do right to his memory , in representing him affirming , that the plebs , the ingenuitas , or liberi et legales homines , as he himself tells us the word ingenuus , has anciently been us'd , are no where amongst the several councils which he had read of , mention'd to have been there , from the entrance of william the first , to the end of henry the third . the words to this purpose which i conceive are put upon him , are these , sine ut sodes dicam collegisse me centenas reor comitiorum edictiones ( tenoresque plurimorum ) ab ingressu gulielmii ad excessum henrici . existentium nec in tantâ multitudine de plebe uspiam reperisse aliquid . indeed notice being taken of those councils where were optimates et barones totius angliae , and of that famous assembly at salisbury-plain of the barones et vicecomites cum suis militibus , in pursuance of the summons of william the first , the positiveness of the assertion is restrain'd with a ni in his dilituerit . but what doubt can be made of those words , whereby they are expresly mention'd , and that according to the true sir henry spelman , i am not yet aware of . finis . errata . page . l. . r. tzurick for tours : p. . margin . r. contemporaneo ▪ p. . l. . for william read hugh : p. . l. . r. attendance : p. . l. . add laici before omnes : p. . l. . joyn a to part : p. . l. . r. fuerat : p. . l . add est de before antiquo : l. . dele est de : p. . marg . r. hil. for mich. p. . l. . add è before tota : p. . l. . r. illuc : l. . r. knight for knights : p. . last l. r. antequam : p. . l. . dele comma after sheriffs : l. . r. vias : l. . dele s after knight : p. . l. . make a comma after kings title : l. . r. election : p. . l. . add is after that : p. . l. . r. of for in : p. . l. . put a comma after only : p. . l. . r. 't was : p. . l. . put a comma after nobility : l. . after londoners make a comma : so after citizens : l. . put a comma after amongst them : p. . l. . r. matilda : p. . l. . r. plectendum : l. . r. judicare : p. . l. . r. affuerunt : p. . l. . r. doveram : p. . l. . add the before free customs : l. . dele the : d . sheet of p. . l. . r. militibus : p. . l. . r. tenants us'd : p. . l. . r. de scuto : l. . r. the for their : p. . l. . dele s after acquaint : l. . r. record : p. . l. . r. negotium : p. . l. . r. retroactis : p. . l. . r. his instead of this : p. . margin . r. proprietariis : p. . r. baro : l. . put a comma after freeholders : p. . l. . r. that before us'd : p. . l. . add s to thing : p. . l. . add s to ●●mmuni . a catalogue of some books , lately printed for tho. basset at the george in fleet-street . an institution of general history , or the histo of the world in two volumns in folio , by dr. william howel , chancellor of lincoln . printed . historical collections , being an exact account of the proceedings of the four last parliaments of the renowned princess queen elizabeth , containing the journals of both houses , with their several speeches , arguments , motions , &c. in folio , writ by hayward townshend esq then a member of parliament , printed . the antient right of the commons of england asserted , or a discourse proving by records , and the best historians , that the commons of england were ever an essential part of parliament , by william petyt of the inner temple esq of the french monarchy , and absolute power , and also a treatise of the three states , and their power , deduced from the most authentick histories , for above years , and digested this latter , by mat. zampini de recanati . l. l. d. the constitution of parliaments in england , deduced from the time of king edward the second , illustrated by king charles the second , in his parliament summon'd the th . febr. / . and dissolved the th . jan. / . with an appendix of its sessions , in oct. the politicks of france , by monsieur p. h. marquis of c. with reflections on the th . and th . chapters : wherein he censures the roman clergy , and the hugenots ; by the sir l'ormegregny . le beau pleadeur , a book of entries containing declarations , informations , and other select and approved pleadings , with special verdicts , and demurrers , in most actions real , personal , and mixt , which have been argued , and adjudged in the courts at westminster , together with faithful references to the most authentick printed law books now extant , where the cases of these entries are reported , and a more copious and useful table than hath been hitherto printed in any book of entries , by the reverend sir humphrey winch knight , sometime one of the justices of the court of common pleas. a display of heraldry , manifesting a more easie access to the knowledg thereof than hath been hitherto published by any , through the benefit of method ; whereunto it is now reduced by the study and industry of john guillim ; late pursuivant at arms. the th . edition much enlarged with great variety of bearings , to which is added a treatise of honour military , and civil , according to the laws and customs of england , collected out of the most authentick authors both ancient and modern , by capt. john logan , illustrated with variety of sculptures suitable to the several subjects ; to which is added a catalogue of the atcheivments of the nobility of england , with divers of the gentry for examples of bearings . now in the press dr. heylins help to the english history , with very large additions . notes, typically marginal, from the original text notes for div a -e petyt 's appendix , p. . bracton . lib. . cap. . p. . charges upon the land according to the value or number of acres . charta johannis . regni , anno . tiguri , fol. . magna carta , cap. . iust . fol. . titles of honour , f. , & . rot. claus . johannis dorso m . rot pat. johannis pars unica m. . n. . ib. m. ● . dorso . magna charta cap. . confirmatio magna chartae facta . h . in consimili formâ cum magna charta . hen. . ( testibus & data exceptis ) exemplificata & confirmata . edw. . prout charta de forestâ . ex ms contemporaneâ statutor . penes sam. balduin equitem auratum & servient . ad legèm . et de scutagiis assidendis faciemas summoneri , &c. that is such of the majores as held intra 〈◊〉 . aid upon tenants in common socage . escuage upon tenants by knights service . chester . tit. honor. edit . p. . see leicester's survey of cheshire . . h. . m. paris fol. . ed. lond. tit. honour ed. p. . selden , ib. domesday in cheshire saith , comes tenet comitatum de rege . see leicester 's survey of cheshire . mat. p. fo . . ed. lond. anno . o. h. . m. p. an. . o. johannis . mat. pared . tig. f. . nequi magnates viz. comes , baro , miles seualiqua alia notabilis persona rot. claus . e. . m. . dor . m. p. f. . an. . o. rs. h. . nota , this shews that the tenants in capite were not all the council , because they in particular are taken notice of amongst them which came to that council . the earl of chester was not to attend the king in his wars , nor to pay escuage in lieu of military service , because all his tenure was to keep to the defence of the marches . rot. pat. h. . m. . dor . o. ed. . n. . sub custod . camerar in scaccario . rot. pat. . ed. . m. . rot pat . ed. . m. . bundella literar . in turre london . an. . h . ne qui magnates viz. comes , baro , miles seu aliqua alia notabilis persona , &c. rot. claus . e. . m. . dor . rot. parl. ed. . n. , . matt. par. p. . hooker eccles . lib. fol. . matt. paris ann. . johannis . matt. par. matt. par. knyghton . matt. west . fol. . matt. west . fol. . ms. cod. ex bib. dom. wild nuper defunct . note , a common lord had aid in the like case by king john's charter . william . seldeni ad fadmer . & notae & specilegium fol. . ib. cap. , . et ad judicium rectum & sustitiam constanter omnibus modis pro posse suo sine dolo & sine dilatione faciend . ib. knyghton , fol. . leges will. . servitutes rusticorum praediorum sunt haec , iter , actus , via , aquaeductus . digest . lib. . tit . . servitutum non ea natura est ut aliquid faciat , sed ut aliquid patiatur , vel non faciat , ib. fol. . sim dunelm . fol. . . will. . . inst . f●l . . inter brevia directa baron . de term . mich. ed. . m. . dorso penos rem . regis in scaccario . the same plea for the earl of glocest. and herts . allowed , ib. m. . inter brevia directa baron . de term. hill. ed. . penes rem . domini thes . in scaccario . inter communia de term mich. hen. . penes rem . domini regis in scaccario . rot. claus . hen. . m. . de term . hill. h. . penes rem . regis in scaccario . nota. supra inter communia de term. mich. penes rem . regis . m. p. fol. . ed. tig. ed. . cap. . coke . inst . . rot. claus . ed. . m. . dorso . ed. . cap. . in this part declarative of the law , as by king john's charter . carta , hen. . anno . vita aelfredi , fol. . ne qui magnates viz. comes , baro , miles seu aliquae alia notabilis persona , &c. rot. claus . . e. . m. . d. carta edgari regis ex registro de ramsey in scaccario penes rem . regis , fol. . thani autem appellatione , viri interdum nobiles interdum liberae conditionis homines , in terdum magistratus , atque saepenumerò ministri notantur , glos . ad finem lamb. archaionomia . vide hackwel 's ancient customs of england , p. , spelm. glossar . de hundred● . vide lambart . de priscis legibus . in vita aelfredi , fol. sym. dunelm . fol. . anno . so. mat. west . f. . of the hen. . adunato magno parliamento edicto regio . ead. l. . fol. . nobiles , minores sunt equites sive milites , armigeri & qui vulgo generosi & gentlemen dicuntur , camb. brit. fol. . lambert de priscis legibus . the county was satrapia , as they that composed it were satrapae , so in a ms. cited by mr. selden , a tryal is had at london before the principes , duces , lawyers and satrapae , and the same renewed at northampton , is said to be congregatâ ibi totâ provinciâ sive vicecomitatu coram cunctis . titles of honour , fol. , & . bromton , fol. . bromton . fol. . canuti leges . bracton , lib. . p. , in praecipuis festis profusè convivabat natale domini apud gloverniam , pascha apud wintoniam , pentecoste apud westm . quando in anglia foret tenere consuevit knyghton , fol. . william . an. . titles of honour , p. . eadmeri hist . nov . ● . . fol. . cod. roff. ms. seldeni notae in eadmer . fol. . ms. historia de terris aedel woldi scriptus est hic liber temporibus hen. . jussu herveri episc . eleensis primi . so the record inter com . de term. pasc . . r. e. fib . r. e. breve aliud p. . a. a jury . under tenants . lords of mannors . aliud . these had lands which belonged to the abby , as appears in the inquisition . eadmerus codex roff. seldens spic . ad edm. fo . . bracton fo . . cook. . rep. fo . . a. & b. gentlemans case . pl. dom. r. apud berwick super tweedam de octab. sanctae tr. an. r. ed. fil . r. h. º coram gilberto de thornton reog . brabazon . & rob. malet . just . ad pl , ejusdem dom. r. tenend . assignat . rot. pat. . h. . m. . & m. . stat. staple ed. . an. . sym : dunelm . f. . el. wygorn . f. . nec multo post ( viz. ) post curiam mandavit ut arch. ep. com. bar. vicecom . cum suis mi lit . sibi occurrerent , saresberiae quo cum venissent milites illorum sibi fidel . contra omnes homines jurare coegit . cowslli ins . juris , ang. de libertinis tit. . p. . inter leges wil. . cap. . seldeni ad ead. notae & spicel . stat. west . . rot. claus . . hen. . rot. claus . h. . p. . m. . it appears by another record that this shrivalty was of fee in the count according to the exception in the statute , which gives each county leave to chuse . rot. claus . an. . h. . vide leges edw. renov . wil. . isti vero viri viz. heretochii eligebantur per commune concilium , pro communi utilitate regni p● provincias & patrias universas & per singulos comitatus in pleno folemo●● sicut & vicecomites provinciarum & comitat. elegi debent . lambert a●chaio nomia ed cant. fo . . . iust . f. . 〈…〉 neither had we any of dignity although the office in some places hath been hereditary from antient time . until hen. . tit. of hon. . ed. p. . & . sym. dunelm . fo . . tit. of hon. ed. p. . assisa de armis . hen. . tit. hon. ed. p. . s. dunelm . lamb. archaionom . leges ed. f. . omnes proceres & milites & liberi homines universitotius regni britanniae facere debent in pleno folemote fidelitatem dom. regi coram episcopis regni . this seems to be meant of a court of all the counties and then confirms my sense . in express terms . claus . h. . m . dorso . rolls . rep. rot. claus . . e. . m. . dor . rot. claus . . e. . m. . dor . actus pontif . cant. autore gervatio dor. f. . antiq. brit. f. . relat. wil. primi ad finem tractat . de gavelkind a sylâ tay. ed. p. . r. hoveden fo . . fecit summoniri , &c. nobiles sapientes . &c. electi igitur de sing . totius patriae comit. viri duodecim , &c. lamberts archionom . fo . . seld. spicil . f. . an. . will. . gerv. dorob . actus pontif . f. . tota angliae nobititas in unum collecta , quasi sub numero non cadebat , matt. paris p. . monachus anongm . ord. st. bened . p . an. . will. . ( i. e. ) curia regis , ord●ricus vitalis fol. . an. . will. . s. dunelm . fol. . spelm. glos . ▪ part . fol. . tit . parl. seldeni aut & spic . ad eadmerum , fol. . an. . bromton , fol. . malmesb. fol. . s. dunelm fol ▪ . rog. hoveden , fol. . an. . bromton , fol. . an. . will. . order . vital . fol. . an. . . will. . eadmerus , fol. . gondulfus roff. ep. monac . bec. inter anselm . epist . lib. . an. . . will. . eadmerus , fol. , & . eadmerus , fol. . an. . . will. . fol. . fol. . fol. . fol. . fol. . spelman concil . vol. . fol. . jewelli apcontra hard. fol. . eadmerus , fol. . eadmerus , fol. . an . . will. . eadmerus , fol. . eadmerus , fol. . spelman glos . . part . tit . par. sim. dunelm . fol. . an. . titles of honour . . ed. p. . rad. de diceto . fol. . christmass court. huntington fol. . note , he lived but in the time of henry the eighth . lambert's archaion , pag. ● , . pag. . eadmerus , fol. . fol. . & . matt. paris , ed. tig. fol. . mat. par. f. , & . florentius wigorn. an. . an. . hen. . huntington fol. . stephani an. . rich. hagustal . p. . joh. hagust . f. . mat. par. f. . rich. hagust . f. . an. . . step. malmsbury f. , & . malmsbury hist. nov. . p. . . stat. of merton . cap. . inst . f. . statuta regni polonici . continua . ad floren. wig. f. . an. . step. h. hunt f. . an. . neubergensis p. . radulphi polycron . . . stephani ger. dorober . f. . an. . h. hunt f. . . step. neu●ergensis lib. . c. . brompton f. . henr. . hen. . an. . vid still . answer to cressy 's apol . à p. . usque ad finem . titles of honour , fol. . m. p. fol. . ma. west . fol. . gervasius dor. fol. . imag. hist . fo . . antiq. brit. in vitâ tho. becket fo . . hoveden fo . . answer to cressy's apol. p. . article conc. clar. grand quest . p. . ed. . qui habent personatum . ger. dorob . fo . . cum baronibus suis , seldens jan. angl. facies altera , p. ● com. de term. pasch . ed. . penes rem . dom. thes . in scac . jani anglorum facies altera , p. . hoveden , fo . . tit. of honour , fo . . evocantur quidam vicecomites & secundae dignitatis barones , antiqui dierum , ut addantur tis & assint judicio , stephan . ms. magna charta , cap. . this explained by articuli super chart . stat. ed. . de tallagio non concedendo . britton p. . the king 's bench. debent interesse judic . curiae regis , &c. usque perveniatur in judicio . gerv. dorob . & vat . cop . quousque perveniatur ad diminutionem membrorum vel ad mortem . ma. par. & others . this the author of the grand question follows as most authentick . bracton lib. . cap. . p. . grand question , p. . grand quest . p. . still . answer to cressy , à p. . ad p. . p. . grand quest . p. . titles of honour , fo . . so of glocest . bote war man shall be belemed other to deth ido . jani anglorum facies altera , p. . grand quest . p. . p. . grand quest . p. . ejus simplex prohibitio . steph. ms. grand quest . p. . glanvile de legibus lib. . c. . glanv . p. . stephanides . so gerv. dorob . f. . grand question , p. . cook de jure regis ecclesiastico . . rep. gervasius dorob . f. . ex communi consilio , nos inquiunt , eum appellabimus coram papâ , de facili convincetus , sine remedio deponetur , quae cum plurimum placerent regi , exierunt omnes ep. gerv. dor. f. . gerv. dor. f. . p. . grand question , p. . grand question , p. . concil . toletan . . cap. . edit . madr. f. . 〈…〉 grand question , p. . spelman 's concil . vol. f. . an. . hen. . pa. . ann. . h. . gerv. dor. f. . grand question , p. . hoveden , f. . grand quest . p. . ed. . cap. . jewel contra ward , p. . hen. . cap . ex cod. ms. in bib. cot. sub effigie domitiani , a. . n. . spelm. conc. v. . f. . malmesburiensis , f. . spelm. conc. vol. . f. . ex pervetusto ms. cod. in bibl . cot. sub effigie cleopatrae . c. . f. . eadmer . hist . nov. f. . eadmer . f. . f. . contin . ad flor. wigor . an. . h. . contin . ad flor. f. . chronica ger. dorob . f. . 〈…〉 sup . n. this was according to the modus tenendi synodos , secundum ordinationis suae tempus resideant , only that the modus more particularly referred to the inferiour clergy in that . hen. . anno . hen. . bendictus abbas sub effigie julii ad. f. . int. bib. cott. hen. . glos . tit. finis . rich. . anno . bromton . fol. . spelm. con. vol. f. . poltons stat. f. . stat. asporta is religiosorum . bromton . f. . anno . bromton . f. . this seems to have been a great council on the court day . k. john anno . jo. knyghton . f. . carta moderationis feodi magni sigilli an . . joh. ex vet. registr . in archivis cant. arch. ma. par. fol. . anno . joh. rot. cant. jo. m. . n. . & rot. cart . jo. p. , . m. . n. . eadmerus . fo . . malmesbury . fo . . mat. par. . jo. . mat. par. fo . . m. par. 〈…〉 celebrata igitur apud portesmue solemnitate pentec . ib. joh. anno . m. p. f. . joh. . ma. par. fol. . natale celebravit . ma. par. f. . rot. pat. jo. m. . dorso . m. . dors . joh. ● jo. . ma. par. f. . m. west . f. . rot. pat. & jo. m. . dorso . jo. . archiepisc . episc . abbates , priores , comites , barones milites & & alii magnates regni angliae . a. h. . fleta . lib. . c. . f. . jo. . jo. . jo. . jo. . . jo. ma. par. f. . of being reputed a turntail or runaway . mat. par. f. . stat. ed. . pryn 's king john , f. . fol. . . . mat. par. fol. . jo. ad natale curiam suam tenuit , apud windleshores . m. paris ad . tig. f. . titles of honour , fo . . bracton lib. . p. . b. so rot. finium h. . m. . dorso . the head-borough . rot. pat. h. . mat. par. f. . magna charta , jo. an. . pat. ed. . m. . in primo generali parl. nostro post coronationem . charta johannis . an. . h. . mat. paris ●d tig. f. . mag. charta , cap. . legier book of ely. hundred . inter communia de termino sancti michaelis , an. e. . pro hominibus villae de coventre . mat. par. f. . nota before the large and comprehensive acceptation of magnates regni . rot. claus . h. . m. . c. . dorso . to the sheriff of bedford and bucks . mat. par. f. . mat. par. f. . anno . hen. . mat. par. f. . mat. west . f. . rot. claus . hen. . m. . inter communia term. s. mich. e. . penes remem . dom. thes . in scaccario . rot. claus . e. . m. . rastalls statutes p. . e. . e. . stat. e. . statutum stapulae . rot. pat. hen. . m. . dorso . fleta f. . inter communia de term. mich. anno ed. . rot. . dorso . communiae de term. sancti hill ’ anno regis ed. . penes remem . regis in scaccario . inter communia de term. paschae penes rem . in scaccario . rot. pat. . h. . rot. claus . . h. . m. . rot. claus . . h. . rot. pat. . h. . m. . nota women granting . rot. claus . . h. . m. b. inter communia de term. sancti mich. anno . h. . rot. . de scut . levand . h. . or at least . rot. claus . h. . m. . bundela literarum in turre lond. a. h. . rot. claus . h. . m. . dorso . rot. claus . h. . m. . dorso . the clergy that were landed-men or free-holders . rot. claus . h. . pars unica . m. . rot. claus . h. . m. . rot. claus . ● h. . m. . dorso . rot. claus . h. . m. . dorso . rot. pat. h. . m. . rot. claus . h. m. . dorso . mat. par. anno . vid. more at large mr. petit's rights of the commons of england , asserted from , to . rot. claus . h. . m. . dorso . rot. h. . m. . rot. pat. h. . m. . rot. pat. h. . m. . rot. claus . h. . m. . dorso . rot. pat. h. . m. . n. . anno th . h. . . rot. pat. h. . pars unica . m. . dorso . n. . vid. rot. claus . h. . m. . dorso . consideratum fuit in curiâ nostra coram nobis & toto parliamento nostro . titles of honour . p. . ex satis antiquo authore loquor . anno. . . jac. . ordines angliae . p. . titles of honour . fol. . titles of honour . f. , . glos . tit . baro. proceres nempe & maneriorum domini nec non liberè quique tenentes , hoc est fundorum proprietariis anglicè free-holders , hoc nomine contineri videtur antiquis paginis . claus . h. . m. . dorso . communia de term sancti hill ’ anno ed. . rot. penes rem . domini thes in scaccario . pro thomâ de furnivall seniore exonerando . titles of honour . fol. . glos . tit . baro. in charta johannis . . instit . claus . dors . r. . m. . titles of honour . ● . r. . cap. . anno . vid. prin● ▪ first part of parl ’ writs . p. . titles of honour . fol. . rot. parl. h. . m. . n. . ib. cited , &c. countess of rutland 's case , coke . rep. fol. . standish's case . kelloways rep. . . selden ad eadm . spelm. con. . vol. fol. . mat. westm . fol. . anno . eadmerus , f. . glos . tit . ingenuus . glos . d . part , tit . parlamentum , ed. lond. anno . an historical and political discourse of the laws & government of england from the first times to the end of the reign of queen elizabeth : with a vindication of the ancient way of parliaments in england : collected from some manuscript notes of john selden, esq. / by nathaniel bacon ..., esquire. bacon, nathaniel, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an historical and political discourse of the laws & government of england from the first times to the end of the reign of queen elizabeth : with a vindication of the ancient way of parliaments in england : collected from some manuscript notes of john selden, esq. / by nathaniel bacon ..., esquire. bacon, nathaniel, - . selden, john, - . v. ([ ], ; [ ], , [ ] p.) printed for john starkey, and are to be sold by j. robinson [and others], london : . each vol. has special t.p. with imprint date . advertisement on p. [ ], [ ]-[ ] (v. ). reproduction of original in university of chicago library. includes indexes. marginal notes. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time 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should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng constitutional history -- great britain. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion advertisement . this book at its first publishing , which was shortly after the death of king charles the first , had the ill fortune to be coldly received in the world , by reason of the circumstances of those times ; but after k. charles the second was possest of the crown , and endeavoured to advance the prerogative beyond its just bounds , the book began to be much enquired after , and lookt into by many learned men who were not willing to part easily with their birth-rights , so that in a short time it became very scarce , and was sold at a great rate ; this occasion'd the private reprinting of it in the year , which as soon as the government perceived , they prosecuted both the publisher and the book so violently , that many hundreds of the books were seized and burnt ; that , and the great want of the book since occasioned the reprinting of it ( without any alterations or omissions ) in the year , when the press was at liberty by reason of the ceasing of the act for printing , but prerogative then getting above the law , it met with a new persecution , and the publisher was indicted for the reprinting of it ; the passages in it upon which the indictment was found , were these , part ii. page . beginning line the th , thus , i do easily grant that kings have many occasions and opportunities to beguile their people ; yet can they do nothing as kings , but what of right they ought to do . they may call parliaments , but neither as often or seldom as they please , if the statute laws of this realm might take place . and , part ii. page . line . and though kings may be chief commanders , yet they are not the chief rulers . the prosecution went on so rigorously , that the publisher , tho' beyond the seas , yet willing to try the cause , appeared according to the constant practice of the court of king's-bench , by his attorney , but for not being personally present in the court , ( which was then impossible ) he was by the arbitrary power of the then lord chief justice jefferys out-law'd for a misdemeanour , and so remain'd till this wonderful revolution , by the wise conduct of his highness the prince of orange . the books have been ever since with care and charge preserved , for the benefit of all that are willing to know and maintain their antient laws and birth-rights . it was well known to , and owned by , the late lord chief justice vaughan , who was one of the executors of the great and learned mr. selden , that the ground-work was his , upon which mr. bacon raised this superstructure , which hath been and is so well esteem'd , that it is now again made publick , by january the th . - . john starkey . an historical and political discourse of the laws & government of england , from the first times to the end of the reign of queen elizabeth . with a vindication of the ancient way of parliaments in england , collected from some manuscript notes of john selden , esq by nathaniel bacon of grays inn , esquire . london , printed for john starkey , and are to be sold by j. robinson at the golden lyon in st. pauls church-yard , r. bentley in russel-street in covent-garden , jacob tonson at the judges head in chancery-lane , t. goodwin at the maiden head in fleetstreet , and t. fox at the angel in westminster-hall , . an historical and political discourse of the laws & government of england . the first part . from the first times till the reign of edward iii. london : printed for john starkey , at the miter in fleet-street neer temple-bar . m.dc.lxxxii . advertisement . a private debate concerning the right of an english king to arbitrary rule over english subjects , as successor to the norman conquerour , ( so called ) first occasioned this discourse . herein i have necessarily fall'n upon the antiquity and vniformity of the government of this nation : it , being cleared , may also serve as an idea for them to consider , who do mind the restitution of this shattered frame of policy . for as in all other cures , so in that of a distempered government , the original constitution of the body is not lightly to be regarded ; and the contemplation of the proportions and manners of the nation in a small model , brings no less furtherance to the right apprehension of the true nature thereof ( besides the delight ) than the perusing of a map doth to the traveller , after a long and tedious travel . i propound not this discourse as a patern drawn up to the life of the thing , nor the thing it self as a master-piece for future ages : for well i know , that commonwealths in their minority want not onely perfection of strength and beauty , but also of parts and proportion ; especially seeing that their full age attaineth no further growth , than to a mixture of divers forms in one . ambition hath done much by discourse and action to bring forth absolute monarchy out of the womb of notion ; but yet , like that of the philosopher's stone , the issue is but wind , and the end misery to the undertakers : and therefore more than probable it is , that the utmost perfection of this nether-worlds best government , consists in the upholding of a due proportion of several interests , compounded into one temperature . he that knoweth the secrets of all mens hearts , doth know that my aim in this discourse is neither at scepter or crosier , nor after popular dotage , but that justice and truth may moderate in all . this is a vessel , i confess , ill and weakly built , yet doth it adventure into the vast ocean of your censures , gentlemen , who are antiquaries , lawyers , and historians ; any one of whom might have steered in this course much better than my self . had my own credit been the fraight , i must have expected nothing less than wrack and loss of all ; but the main design of this voyage being for discovery of the true nature of this government to common view , i shall ever account your just censures and contradictions ( especially published with their grounds ) to be my most happy return , and as a crown to this work : and that my labour hath its full reward , if others , taking advantage by my imperfections , shall beautifie england with a more perfect and lively character . the contents of the first part . chap. i. of the britons and their government . page ii. concerning the conversion of the britons into the faith. iii. of the entry of the romans into britain , and the state thereof during their continuance . iv. of the entry of the saxons , and their manner of government . v. of austin's coming to the saxons in england , his entertainment and work. vi. of the imbodying of prelacy into the government of this kingdom . vii . of metropolitans in the saxons time . viii . of the saxon bishops . ix . of the saxon presbyters . x. of inferiour church-officers amongst the saxons . xi . of church-mens maintenance amongst the saxons . ibid. xii . of the several precincts or jurisdictions of church-governours amongst the saxons . xiii . of the manner of the prelates government of the saxon church . xiv . of causes ecclesiastical . xv. a brief censure of the saxon prelatical church-government . xvi . of the saxons commonwealth and the government thereof , and first of the king. xvii . of the saxon nobility xviii . of the freemen amongst the saxons . xix . of the villains amongst the saxons . xx. of the grand council amongst the saxons called the micklemote . xxi . of the council of lords . xxii . of the manner of the saxon government in the time of war. xxiii . of the government of the saxon kingdom in the times of peace , and first of the division of the kingdom into shires , and their officers . xxiv . of the county-court , and sheriffs torn . xxv . of the division of the county into hundreds , and the officers and court thereunto belonging . xxvi . of the division of the hundreds into decennaries . xxvii . of franchises , and first of the church-franchise . xxviii . of the second franchise , called the marches . xxix . of county palatines . ibid. xxx . of franchises of the person . xxxi . of mannors . ibid. xxxii . of courts incident and united unto mannors . xxxiii . of townships and their markets . xxxiv . of the forests . xxxv . concerning judges in courts of justice . xxxvi . of the proceedings in judicature by indictment , appeal , presentment , and action . xxxvii . of the several manners of extraordinary trial by torture , ordeal , compurgators , and battle . xxxviii . of the ordinary manner of trial amongst the saxons by inquest . xxxix . of passing judgement and execution . xl. of the penal laws amongst the saxons . xli . of the laws of property of lands and goods , and the manner of their conveyance . xlii . of the times of law and vacancy . xliii . an epilogue to the saxons government . xliv . of the norman entrance . xlv . of the title of the norman kings to the english crown ; that it was by election . xlvi . that the government of the normans proceeded upon the saxon principles , and first of parliaments . xlvii . of the franchise of the church in the norman times . xlviii . of the several subservient jurisdictions , by marches , counties , hundreds , burroughs , lordships , and decennaries . xlix . of the immunities of the saxon freemen under the norman government . l. recollection of certain norman laws concerning the crown , in relation to those of the saxons formerly mentioned . li. of the like laws that concern common interest of goods . lii . of laws that concern common interest of lands . liii . of divers laws made concerning the execution of justice . liv. of the militia during the normans time . lv. that the entry of the normans into this government could not be by conquest . lvi . a brief survey of the sense of writers concerning the point of conquest . lvii . of the government during the reigns of stephen , henry the second , richard the first , and john ; and first of their titles to the crown , and disposition in government . lviii . of the state of the nobility of england from the conquest , and during the reign of these several kings . lix . of the state of the clergie , and their power in this kingdom from the norman time . lx. of the english commonalty since the norman time . lxi . of judicature , the courts , and their judges . lxii . of the certain laws of judicature in the time of henry the . lxiii . of the militia of this kingdom during the reign of these kings . lxiv . of the government of henry the third , edward the first , and edward the second , kings of england : and first , a general view of the disposition of their government . lxv . of the condition of the nobility of england , till the time of edward the third . lxvi . of the state of the english clergie until the time of edward the third : and herein concerning the statutes of circumspecte agatis , articuli cleri , and of general councils , and national synods . lxvii . of the condition of the freemen of england , and the grand charter , and several statutes concerning the same , during the reign of these kings . lxviii . of courts and their proceedings . lxix . of coroners , sheriffs , and crown-pleas . lxx . of the militia during these kings reigns . lxxi . of the peace . . the preface . the policy of the english government , so far as is praise-worthy , is ( all one with divine providence ) wrapped up in a vail of kings , and wise men ; and thus implicitely hath been delivered to the world by historians , who for the most part read men , and wear their pens in decyphering their persons and conditions : some of whom , having met with ingenious writers , survive themselves , possibly more famous after death than before : others , after a miserable life wasted , are yet more miserable in being little better than tables to set forth the painters workmanship , and to let the world know , that their historians are more witty than they , of whom they wrote , were either wise or good . and thus history , that should be a witness of truth and time , becomes little better than a parable , or rather , than a nonsence in a fair character , whose best commendation is , that it is well written . doubtless , histories of persons , or lives of men , have their excellency in fruit , for imitation and continuance of fame , as a reward of vertue : yet will not the coacervation of these together declare the nature of a commonwealth better than the beauty of a body dismembered is revived by thrusting together the members , which cannot be without deformity . nor will it be denied , but many wise and good kings and queens of this realm , may justly challenge the honour of passing many excellent laws , albeit it is the proper work of the representative body to form them ; yet to no one , nor all of them , can we attribute the honour of that wisdom and goodness that constituted this blessed frame of government . for seldom is it seen that one prince buildeth upon the foundation of his predecessor , or pursueth his ends or aims ; because as several men they have several judgements and desires , and are subject to a royal kind of self-love , that inciteth them either to exceed former precedents , or at least to differ from them , that they may not seem to rule by copy , as insufficient of themselves , which is a kind of disparagement to such as are above . add hereunto , that it is not to be conceited that the wisest of our ancestors saw the idea of this government ; nor was it any where in precedent but in him that determined the same from eternity : for as no nation can shew more variety and inconstancy in the government of princes than this , especially for three hundred years next insuing the normans : so reason cannot move imagination that these wheels , by divers , if not contrary motions , could ever conspire into this temperature of policy , were there not some primum mobile that hath ever kept one constant motion in all . my aim therefore shall be to lay aside the consideration of man as much as may be , and to extract a summary view of the cardinal passes of the government of this kingdom , and to glance at the various aspects of the ancient upon the modern , that so these divers princes , and wise councils in their different course , may appear to be no other than the instruments of him that is but one , and of one mind , whose goings forth have been in a continual course of wisdom and goodness for our selves in these latter days . and herein i am encouraged , because i am not in danger of temptation to flattery or spleen , nor pinched with penury of grounds of observation ; having to do with a nation , than which a clearer mirour of gods gracious government is not to be found amongst all the nations and people under heaven . a table of the principal matters contained in the first part of this book . abbots page abbey quarter . not taxed or visited from forrein parts vacancies ibid. purveyance ibid. abere murder amongst the saxons accolites amongst the saxons accusation , witnesses amongst the saxons action amongst the saxons acquittal , vide knight-service . administration , vide intestate . adultery amongst the saxons amongst the normans after advowsons cognizance aedeling age , vide infancy . aids after the norman times , , alderman alienations license , allegiance according to the saxons the normans amercements apostacy punished by the saxons after appeals amongst the saxons the normans after appeals to rome setled to ecclesiastical courts ibid. archbishops , vide metropolitans . arrays , &c. arms assessment vide arrays . austin the monk , his coming and his actions , &c. b. bail , , , &c. barks , vide bridges . baron , vide court. bargain and sale of goods amongst the saxons the normans barons wars , &c. bastardy amongst the saxons battle trial amongst the saxons batteries punished by the saxons , bigamists bishops amongst the saxons vide prelacy : amongst the normans ; their power encreased , &c. vide elections : their oath to the pope blasphemy punished by the saxons , amongst the normans bloudshed , vide manslaughter . bridges britons , their religion and government , &c. conversion instructed in learning a province ibid. the last that submitted to the papalty , and the first that shook it off burgage amongst the saxons burghbote ibid. burglary punished by the saxons burning of woods punished by the saxons ibid. vide burroughs mag. chart. burroughs english c. canon-law vide prelacy . carriages , castles , their use , , &c. abuse occasion of the first civil wars castles-guard , vide mag. chart. de cautione admittenda chancery chancemedley church , maintenance by the saxons , &c. franchise alienation reparation church-men , action , discharged from torns purveyance , their complaints , priviledged from distress cricksceat amongst the saxons normans vide first-fruits . circuits citation , , clerks trial , , killers of clerks comites ex plebe common-pleas setled commutation , vide articuli cleri . compurgators amongst the saxons confession sacred constitutions at clarindon de consimili casu conveyance , vide deeds . copy-hold , vide mannor . coroners amongst the saxons , corporations , &c. coverfew councils general , vide synods . council of lords amongst the saxons vide lords . counties , courts amongst the saxons normans , after , , court baron amongst the saxons crown-pleas mag. chart. courtesie of england in the saxons time custodes pagani amongst the saxons d. dane-guelt released darreign presentment mag. chart. deacons deaneries amongst the saxons debt to the king , satisfaction debt to the king , mag. chart. decen●● amongst the saxons normans deeds among the saxons defamation , departure beyond sea without license diocesses amongst the saxons distress in the normans time mag. charta , &c. vide county-court . disseisin , vide redisseisin & novel-disseisin . dower in the saxon time norman times , . e. ecclesiastical cognizance and power , &c. , vide stat circumspecte agatis & articuli cleri . ederbrece amongst the saxons edward the first edward the second elections , , , elegit amongst the saxons englishire , a saxon law errour , vide appeals . escheats vide forfeiture , felony . escuage , mag. charta , &c. excommunication in the saxons time normans after the normans time excommunicato deliberando excommunicato capiendo execution in the saxon time executors , mag. charta . exorcists f. fairs in the norman time fauxonry , feast-days , norman law felonies and felons punishment and forfeiture , , concealment defamed ibid. feorme or farm amongst the saxons fightwit amongst the saxons fine , by the normans , , &c. folkmote , vide county-court . fools and ideots amongst the normans after forein councils , , fornication , vide adultery . forests amonst the saxons franchises frankpledge amongst the saxons vide view . freemen of the saxons normans after , frithbrech amongst the saxons fugam fecit fugitives g. gavel-kind amongst the saxons normans glebe amongst the saxons goods found , saxon law norman sale ibid. grithbrech , vide frithbrech . h. habendum , saxon hamsockne , saxon heresie punished by the saxons normans after haubergettum , haubertum , halbargellum , what it is heretock , saxon henry the first henry the second henry the third , &c. shifts for money forein councils yields up his interest in the militia to the lords ibid. &c. heordpeny , vide peter-pence . high-ways priviledge hundred , and the court saxon norman hundred setena saxon i. idolatry punished by the saxons normans vide blasphemy . imprisonment saxons norman incest punished by the saxons indictment saxon law infancy amongst the saxons after infangtheoff , saxon inheritance saxons normans after , &c. inquest saxon interdict in the saxon time after intent punished by the normans intestate saxon law norman afterward , &c. , &c. john judgement , vide execution . judges , vide justice . judicatory , &c. jury grand & petit amongst the saxons justice and their courts amongst the saxons chief justice judges or justices itinerant after the normans , , k. kings amongst the saxons ; election , continuance , covenant , maintenance , power in church matters , &c. amongst the normans : election , &c. covenant , &c. power in church-matters , &c. in the times of stephen , henry the second , richard the first , and john : election power in church-matters , &c. in the time of henry the third , edward the first , and edward the second . succession , &c. power in ecclesiastical matters , &c. in civil affairs , &c. , &c. knight-service amongst the saxons marriage , , acquittal widows . l. language endeavoured to be changed by the normans lashlight amongst the saxons lecturers amongst the saxons leet amongst the saxons legierwit amongst the saxons livery and seisin amongst the saxons london lords day maintained by the saxons by the normans as plea of the crown lords , their councils amongst the saxons , from the conquerour's till henry the third lorica , what it is lucius , &c. luminaries amongst the saxons lunacy , vide fools . m. magna charta renewed with the curse stat. &c. cap. . cap. . ibid. mainpernours by the saxons , by the normans . maims punished by the saxons mambota amongst the saxons mannors amongst the saxons normans man-slaughter punished by the saxons normans after manumisson marriage-portion , vide dower . marriage , vide knights-service . merchants , mag. charta marches amongst the saxons normans markets amongst the saxons normans vide townships . marshals courts matrimonial causes amongst the saxons medietas linguae amongst the saxons metropolitan amongst the saxons micklemote amongst the saxons the primacy of canterbury setled there mills tythed militia amongst the saxons the normans during the kings next ensuing during henry . edward . edward . mint amongst the saxons . normans monastery admission mortdancester , mortmain mortuary amongst the saxons n. news scandalous night-watches by the normans after nobility amongst the saxons from the normans times from king john's time normans , their title , , &c. not conquest novel disseisin , . o. oblations cognizance odio & atia , &c. officers power greater than kings ordeal amongst the saxons ordinaries intestate outfangtheoff amongst the saxons ostiares amongst the saxons oaths , p. palatine county amongst the saxons parishes amongst the saxons parliaments , parks trespasses passage peace amongst the saxons the normans after penal laws , saxons normans after in the time of henry . after perjury punished by the saxons , peers amongst the saxons peter-pence amongst the saxons the normans pledges plough-alms , saxons pope's power , , oppressions of the clergie prelacy in england not till constantine's . came from rome by austin , &c. suddenly grown pr●cipe mag. charta priors , vide abbots . presbyters amongst the saxons presentment amongst the saxons priority , vide tenure . prohibitions , protector provinces amongst the saxons purveyance , , &c. q. quare clausum fregit , saxon quare excommunicavit quare non admisit ibid. quarentine , quo warranto r. ransom , rape , norman after , &c. reasonable part , vide dower . redemption , vide ransom . redisseisn relief , norman after religious houses , vide abbeys . replevy , norman after richard the first romans entry the papalty , with seven degrees of their church-officers seven sorts of church-maintenance romescot , romesfeogh , vide heordpenny . robbery punisht by the saxons by normans after , , , s. sabbath-day , saxon-law sacriledge , saxon-law sanctuary , , saxons in england mingled seal , vide deeds sheriffs , saxon extortion , simony punished by the saxons sorcery , vide witchery . soul-shot saxon socage saxon steven his government stat. magna charta , vide magna charta . merton , cap. , , , . cap. . cap. . cap. , cap. . cap. . marlbridge , cap. , , . cap. . ibid cap. . cap. . cap. . cap. . , cap. . cap. . cap. . cap. . cap. . cap. . cap. . cap. . , cap. . west . cap. , , . , &c. cap. . , cap. . cap. . cap. . cap. . cap. . cap. . cap. . cap. . cap. . cap. . cap. . cap. . cap. . cap. . cap. . cap. . cap. . cap. . bigamy , &c. gloucest . cap. . cap. . cap. . cap. . , cap. . de religiosis westm. . cap. . cap. . cap. . cap. . cap. . cap. . , cap. . cap. . cap. . winton , &c. circumspecte agatis , &c. quia emptores de judaismo quo warranto de vasto de consultatione habenda de wardis artic. super cart. cap. . cap. . cap. . cap. . cap. , . cap. . cap. . conjunct . feoffat . amortizand . terris asportat . bonis relig. de militibus artic. cleri . , vicecomit . , , de prisis bonis cleri , prerog . reg. cap. , . cap. . cap. . cap. . cap. , . sub-deacons suit of court vide mannor . synods , briton saxon disadvantages to prelacy norman without the laity power , &c. t. tail , saxon law taxes vide free-men . tenures , vide mannor . normans changed them not tenures by several lords priority by escheats term saxon testament , saxon ibid. after , &c. thefts cognizance , tythes , original cognizance normans , , , torn , saxon , torture amongst the saxons townships and their courts , saxon normans treason punished by saxons after trover of goods troth-plight v. vacancies of churches , &c. vacation , vide term. view of pledges , saxon norman after , villains , saxon normans violence done to clerks use in deeds of conveyance , saxon usury w. wardship , , , warranty , saxon wears wera wergilda , saxon weights and measures , saxons normans , widows , vide socage and knight-service . william the first , &c. william rufus wife , saxon will , vide testament . witnesses , deeds saxon witchery punished by saxons wita , saxon worship , saxon , cognizance wrecks . an historical and political discourse of the laws & government of england . chap. i. of the britons , and their government . this is britain , or rather that part thereof , in after-ages called saxony and england , from the peoples names transplanted thither . the britons ( to lay aside all conceipts of fame ) i take to be an issue of the neighbouring nations , from the german and belgick shores ; induced hereto , partly by the vicinity of the names of he people , cities , or towns and places , but more of their manners and customs , both in religion and civil government . barbarians they were , and so esteemed by the romans , that were but refined barbarians themselves , and yet they worshipped an invisible , infinite , omnipotent god by sacrifices : but the greatest part of their reverence fell short , and rested upon their priests , whom they accounted the only secretaries that god had on earth , feared their interdict worse than death itself , and ( in these times of uttermost darkness ) held them forth to neighbouring nations , to instruct them into an higher excellency than that of brutish men . in their civil government they allowed preeminence of their magistrates rather than supremacy , and had many chiefs in a little room ; the romans called them little kings , for the greater renown of their empire . but others of more sobriety account them no better than lords : of liberties , not much exceeding those of a city ; and these ( though in time of peace independant upon each other , yea perpetual enemies , yet ) in time of forreign war , joyned together to chuse one head to command them all , according to the custom of the germans , as caesar noteth . but that which yet cleareth the matter , is the testimony of dion in the life of severus the emperour , who expresly saith , that in britain the people held the helm of government in their own power . so as these were not kings , nor their government monarchical , and yet might be regular enough , considering the rudeness that in those days overspread the world . true it is , that by a holy man this nation was in latter times of barbarism , called tyrannorum gens , the word being taken mitiori sensu , or from a common repute of excessive cruelty , or oppression by superiours . as touching their cruelty , i find no footsteps in story : somewhat reflecteth upon their sacrifices , as if they offered mans flesh ; but that was common to the gauls , who borrowed their religion from britain ; and it might be founded rather upon an error in judgment , than savageness of nature . much less cause doth appear of any cry of oppression upon inferiours , but rather against that ; as the multitude of kings or lords do manifestly witness , who being observed in the time of julius caesar , continued in tiberius his time and afterwards , until in the reign of claudius 't is said , that caractacus ruled over many nations . for it is a certain maxim , that though great nations may be upholden by power , small territories must be maintained by justice ; without which , the door will be soon set open to the next passenger that comes ; especially where the people are bent to war , as these were , and therein had attained such exquisite perfection of skill in chariot-service , as must needs convince us of their much experience against themselves , in regard that to other people it was scarce known ; no , nor yet to caesar himself , that had been practised in the wars of all nations . and this is all that i can produce out of story , touching the government of britain , before the entry of that light that lightneth every one that cometh into the world . chap. ii. concerning the conversion of the britons unto the faith. it was long before the son of god was inwombed , and whiles as yet providence seemed to close only with the jewish nation , and to hover over it , as a choice picked place from all the earth , that with a gracious eye surveying the forsaken condition of other nations , it glanced upon this island ; both thoughts and words reflected on isles , isles of the gentiles , isles afar off , as if amongst them the lord of all the earth had found out one place that should be to him as the gemme of the ring of this terrestrial globe : and if the ways of future providence may be looked upon as a gloss of those prophecies , we must confess that this island was conceived in the womb thereof , long before it was manifested to the world . to recover the forgotten ways of past providence , is no less difficult , than to search out the hidden bowels of future promises ; and therefore i shall not busie my self to find out the particular instruments that brought gods presence into this dark corner , but only glance at the time and manner , that it may appear we were not forgotten , nor yet lost , or least in mind , at that time of the dispensation of this grace unto all men . i dare not instance as gildas , the certain time of six years ; yet i may say , that no sooner was the scepter departed from judah , but with a swift pace , both it and the law-giver came hither like an arrow flying through other countries , but sticking with a ne plus ultra in this island , ( then a people rather than a commonwealth ) as if we were the onely white that then was in god's aim . it 's probable in the highest degree that the work was done within the first century , and very nigh about the apostolick times ; for that in the second century britain was a church of fame , and known to the fathers that dwelt afar off , even to tertullian and origen , and in short time had outreached the roman confines in that island , ( which had cost them above two hundred years travel ) and was grown to the state of the first christian kingdom that ever was . unto which , if we shall allow time for the gathering and growth thereof unto this royal pitch , proportionable to the half of that which afterward was spent in the like work , upon the saxon and danish kings , we must in reason conclude that the work was first ordered by apostolical direction , or some of their emissaries . customs also do not obscurely declare ages . for before that pius bishop of rome began to speak in the big language of decrees , it was indifferent to keep easter either upon the day observed by the roman church , or on the day according to the jews custom : and although the roman church began within fifty years after the death of john the evangelist , to stickle to impose their custom upon other churches ; yet the church of britain conformed not to that course by the space of five hundred years after that time ; which reflecteth probability , that the church was there setled in times of indifferency , not by roman order , but by some other purposed messenger . the manner yet is more remarkable ; for that not onely principalities and powers , and spiritual wickednesses in high places , ( which are but stumbling-blocks ) but also natural wisdom of the druides ( who were masters of the consciences of the britons , and their high conceit of their excellency above the ordinary strain of men , and unto which the cross of christ is meer foolishness ; and above all , the deep obligement of the people unto these their rabbies , in a devotion beyond the reach of other nations : all these , i say ) stood in the way , and rendred the people more uncapable of any new light. but when the time fore-set is fully come , all mountains are laid low , and double-folded doors fly open ; and this conquerour of all nations attempts britain , not in the rear , nor by undermining , but assails them in their full strength , presents in a clear sun-shine that one true sacrifice of god-man ; at the appearing whereof , their shadows of many sacrifices of mans flesh fly away . and thus those druides that formerly had dominion of the britons faith , become now to be helpers of their joy , and are become the leaders of the blind people in a better way , and unto a better hope ; and held forth that light which through gods mercy hath continued in this island ever since , through many storms and dark mists of time , until the present noon-day . chap. iii. of the entry of the romans into britain , and the state thereof during their continuance . this conversion of the druides was but the first step to that which followed , for the decree was more full of grace , than to make this isle to be only as an inne for him to whom it was formerly given for a possession . the romans are called into the work , under whose iron yoak , god had subdued all nations , thereby more speedily to bring to pass his own conquest , both of that one head , and all its members . the first caesar had entred britain before the incarnation , and having seen and saluted it , and played his prize , returned with the same only of conquest of some few lordships neighbouring to the belgick shore ; and so it continued correspondent to the romans , or rather forgotten of them , till the time of claudius the emperour ; who being at leisure to bethink him of the britons tribute , or rather aspiring to honour by a way formerly untroden by his ancestors , first setled colonies in britain , and brought it into the form of a province , and ingaged his successors in a continual war to perfect that work , which outwearied their strength at last , and made them forego the prey , as too heavy for the eagle to truss and carry away . it oft befals , that things of deformed shape are nevertheless of excellent spirit , and serve the turn best of all : and it is no less remarkable , that this tide of roman invasion , however it represented to the world little other than a tumour of vain-glory in the romans , that must needs be fatal to the britons liberty and welfare : yet by over-ruling providence it conduced so much to the britons future glory , as it must be acknowledged one of the chief master-pieces of supernatural moderatorship that ever this poor island met with . first , he taught them to bear the yoke , to stoop , and become tractable ; for stubborn spirits must first stoop under power , before they will stoop to instruction . but this onely in the way , for tractableness , if good ensue not , is of it self but a disposition for evil . secondly , it brought into britain the knowledge of arts and civility ; and questionless it was a wise policy of agricola , to go that way to work ; for it is an easie and royal work to govern wise men , but to govern fools or mad-men , is a continual slavery ; and thus religion already setled in britain , became honoured with a train of attendants and handmaids . thirdly , they reduced the number of little lordships nigher to the more honourable estate of monarchy : for the romans , by dear experience , finding no stability or assurance in what they had gotten , so long as so many petty kings had the rule ; they wisely brought the whole into one province ( because it is much easier to govern many subordinate each to other , than co-ordinate one with another ) over which they allowed one chief , to rule the people according to their own laws , saving their service to the romans and their lieutenants , until they were necessitated to yield up all to the next occupant . this served the british church with a double interest . the first , religion spreads sooner under one uniform government , than under variety ; and under monarchy rightly ordered , rather than any other government whatsoever ; albeit that other governments may afford it faster footing when it is entred . secondly , rome was a renowned church throughout the world for gifts and graces ; and it is obvious to conceive , that it was specially purposed by divine providence to make that place a fountain , that from thence the knowledge of christ might convey it self joyfully with the influence of imperial power , as the spirits with the blood , into all nations of that vast body . above one hundred years were spent in this provincial way of government of britain , under the roman lieutenants ; during all which time , religion spread under ground , whiles the roman power in a continual war sprang upward . nor is it strange that religion should thrive in war : the french wars in edward the thirds time , brought much of this happiness to england from the waldenses ; and germany had no less benefit by the wars of charles the fifth with the italians , french and turks : and thus the romans levened with the gospel , by exchanging men with britain , and other mutual correspondencies , insinuated that leven by degrees , which in the conclusion prevailed over all . for the roman lieutenants having gotten sure footing in britain , steered their course with a different hand ; generally they were of the roman stamp , seeking to kill christ in the cradle ; and by that means religion met with many storms of bitter persecution , and so was compelled to bear a low sail : but some being more debonaire , and of wiser observation , soon found , that the way of justice and gentleness had more force in britain than arms , and so endeavoured to maintain that by moderation , which they had gotten by labour and blood ; as it is ever seen that where conquest is in the van , gentleness follows in the rear , because no bow can stand long bent , but at length must give in and grow weak . and thus by connivance , the britons got a little more scope , and religion more encouragement , till it became acquainted with the roman deputies , began to treat with the emperours themselves , and under the wise government of aurelius the emperour mounting into the british throne , crowned lucius first of all kings with the royal title of a christian. he now not so much a vassal as a friend and ally to the romans , and perceiving the empire to be past noon , and their lieutenants to comply with the christians , began to provide for future generations , and according to the two grand defects of religion and justice , applied himself for the establishment of both . religion in britain hath hitherto been for the most part maintained by immediate influence from heaven . no schools , no learning , either maintained or desired ; the want whereof , together with the persecutions stirred up by the emperours , especially domitian , brought the church to so low an ebb , that the sacraments ceased : for histories tell us that lucius sent to rome for relief , and that the bishop of that place ( whether evaristus or eleutherius ) sent over learned men to preach and baptize both king and people ; and this , rome might probably gain some honour , although possibly the king intended it not , or much less to acknowledg any authority or power in that church , over that of britain . this act of lucius so advanced him in the opinion of writers , that they know not when they have said enough . some will have him to be the instrument of the first entry of religion into this isle ; others , that he setled a form of church-government under the three archbishops of london , york , and caerlion upon vske , and bishopricks : the first of which is cried down by many demonstrative instances ; nor can it consist with the second , nor that with it , or with the truth of other stories . for it neither can be made out that lucius had that large circuit within his dominion , nor that the title of archbishop was in his daies known ; and 't is very improbable that the british church was so numerous , or that religion in his time was overspread the whole island : nor is there any mention in any author of any monuments of these archbishops , or bishops of britain , for the space of . years after this king's reign , and yet no continual raging persecution ( that we read of ) that should enforce them to obscure their profession , or hide their heads ; or if such times had been , it would have been expected that bishops in those daies should be in britain , ( as well as in other places ) most famous for gifts and graces , and pass in the forefront of persecution . but we find no such thing ; no not in the rages of dioclesian , which made the british church famous for martyrs : writers speak of alban , amphibalus , aron , julius and a multitude of lay-people , but do not mention one bishop , nor presbyter , nor other clergy-man , but quendam clericum , a man it seems of no note , and of unknown name . in charity therefore the english church in those daies must be of mean repute for outward pomp ; and to liftedup to that height of archbishops , when as rome it self was content with a bishop . somewhat more probable it is , that is noted by writers concerning lucius his endeavour to settle the commonwealth and good laws for government , and to that end did write a letter to eleutherius , bishop of rome , for a model of the roman laws ; probably being induced thereunto by the splendor of the state of the roman-church and commonwealth , the onely favorite of fame in those times through the northern parts of the world. things afar off , i confess , are dim , and it is meet that antiquaries should have the honour due to great after-sight : and therefore i might think ( as some of them have done ) that the epistle of eleutherius to king lucius is spurious , if i could imagine to what end any man should hazard his wits upon such a fiction , or if the incongruities charged against it were incurable ; but being allowed to be first written in latine , and then translated into british for the peoples satisfaction , and in that language ( the original being lost ) traduced to posterity ; and then by some latine writer in after-ages returned into latine , and so derived to these times ( all which very probably hath been ; ) such occasions of exceptions well arise by mistake of translators and transcribers in ignorant times , and the substance nevertheless remain entire and true . considering therefore that the matter of that epistle savoureth of the purer times of the church , and so contrary to the dregs of romulus , i mean , the policy , practice , and language of the roman clergy in these latter ages , wherein this forgery ( if so it be ) was made ; i must allow it to pass for currant for the substance , not justifying the syllabical writing thereof . to others it seemeth needless and vain , that lucius should send for a model to eleutherius , when as the roman deputies and legions at home might have satisfied the kings desire in that particular , or their own experience might have taught them grounds sufficient , after two hundred years converse with the romans , that they should have little needed a model for that which they saw continually before their view , or might have understood by inquiry of their own acquaintance . but what could be expected of rough souldiers , concerning form of government of a common-wealth ? or if some exceeded the ordinary strain in policy , yet they were too wise to communicate such pearls to conquered nations , that ought to look no higher than the will of the conquerour , and subsist in no better condition than may be controlled by the supream imperial law of the lord paramount ; or if in this they had corresponded to the desires of the britains , yet being for the most part ignorant of the main , they could never have satisfied the expectations of a christian king , who desires such a law as may befriend religion , and wherein no man was more like to give direction than eleutherius , who seeing a kind of enmity between the roman-laws , and christ's kingdom , sends to the king a fair refusal of his request , upon this ground , that leges romanas & caesaris semper reprobare possumus . he saw that they were not well grounded , he therefore refers the king to the sacred scripture , that is truth itself . laws that come nighest to it are most constant , and make the government more easie for the magistrate , quiet for the people , and delightful to all ; because mens mindes are setled in expectation of future events in government , according to the present rule ; and changes in course of government , are looked at as uncoth motions of the celestial bodies , portending judgements or dissolution . this was the way of humane wisdom ; but god hath an eye on all this beyond all reach of pre-conceit of man , which was to make england happy in the enjoying of a better law and government than rome , how glorious soever then it was ; and to deliver that island from the common danger of the world ; for had we once come under the law of the first beast , as we were under his power , we had been in danger of being born slaves under the law of the second beast , as other nations were , who cannot shake it off to this day . but lucius lived not to effect this work ; it was much delayed by the evil of the times , nothing was more changeable . then the emperours grew many of them so vitious , as they were a burthen to mankind ; nor could they endure any deputy or lieutenant that were of better fame than themselves had . some of them minded the affairs of the east , others of the north , none of them were ad omnia . and the lieutenants in britain , either too good for their emperour , and so were soon removed ; or too bad for the people of the land , and never suffered to rest free from tumults and insurrections : so that neither lucius could prevail , nor any of his successors ; but passing through continual cross flouds of persecutions under maximinus , dioclesian , and maximinianus , and many civil broiles , till the times of constantine , at length the haven was attained . for constantine having overcome maxentius , and gotten thereby into the highest orb of government in the empire ; reflected such an amiable aspect upon the churches , especially in britain , as if he had intended to pay to them all that god had lent him . a wise prince he was questionless ; yet towards the church shewed more affection ; endeavouring to reduce the government in every place unto the roman prototype , and therein added much honour to that see , especially to pope sylvester , whose scholar he had been . this may seem a sufficient inducement to perswade , that he was the first patron of english prelacy , seeing we find it in no approved testimony before that time , nor was it long after , when as the presence of the british bishops are found at the synod by him called at arles , viz. the bishops ( not arch-bishops ) of london and york , and the bishop of maldune , and those in no great pomp , if the relation be true , that by reason of their poverty they were not able to undergo the charge of their journey and attendance ; so as it seems they had but new set up , and had not yet found out the right way of trade that the bishops had attained . and thus god ordered first the setling of a government of the church in britain , and its liberties , before the secular part enjoyed any ; therein working with this nation , as with a man , making him to be bonus homo before he can be bonus civis . the church of britain thus set together , is wound up for motion ; they soon learned the use of synods from that synod at arles , if they had it not before : and took as much power to themselves in their synods as in other countries were used , and somewhat more to boot . for they had the hap to continue in britain in free course , a full century of years , before the civil magistrate had any other power , but what was wrapped up under the allowance of their romon masters ; who like , gallio , looked upon the church-affairs as out of their sphear , and therefore cared for none of those things ; or if the zeal of any see far prevailed , it was much in favour of the bishops , upon whom the emperours began to dote as oracles ; and this raised the price of the clergy , and taught them the way to fish for themselves . no wonder it is therefore if synods in britain , or rather the clergy in the synods , ( which probably were then the representative body of the nation ) swayed all that was free from the roman-magistracy , and in some things out-reached their limits , especially during the interim wherein the romans held the arms of civil magistracy bound , and let the clergy have their scope , that soon began to be ambient , and conceit a new idaea of deportment , like that of the second beast in its infancy . nor did the britons espy their danger herein , for they had been used to idolize their druides , and it was no more but facing about to do as much for their bishops . of this power of synods i shall propound but three presidents , and so draw to a conclusion of what i think meet to note concerning the british affairs . i supose it will not be doubted but that publick consultations concerning the publick government of any place or nation , ought not to be called but by the supream power ; and that such consultations are to be directed by that supream power . the britons had a king , and yet without his consent they call a synod against the pelagian heresie , and chuse a moderator from beyond the sea , and by that synod not onely overwhelmed the heresie , but excommunicated their king. this was a national synod , and might well stand with the rule of state , which then had seated the supream power in the people , as i formerly noted out of dion . but it could be no warrant for that which followed , viz. that a country synod should excommunicate a king , as it befel in the the cases of moris and morcant : or that such a synod should intermeddle in matters of meum and tuum , as in the case of loumack , who having invaded the patrimony of the church , the bishop of landaff , in a synod of his clergy , enjoyned him penance . and the like befel unto brockvaile , who was compelled by the synod to make amends to civiliack bishop of landaff , for injury to him done : which i note not by way of imputation ; for this exorbitancy ( if so it were ) might correspond with these times , wherein very probable it is , that justice could not be had elsewhere . and had the clergy been as careful of holiness , as in the former cases they seem jealous for justice , britain must have had the repute of a nation of priests and holy men , rather than of tyrants : whereas it was become a glut of wickedness , and a burden that god would endure no longer : which rendereth their synod liable to exception , as being such as were either lifted up , or drawn aside ; and as the list to the cloath , sheweth that the nation stood in need of that instruction , which with a strong hand god wrought into them by the sad calamity which ensueth . chap iv. of the entry of the saxons , and their manner of government . wasted with time , and wounded by eternal doom , the glory of the western empire going down apace , now draweth nigh unto its everlasting night ; and that vast body ( not able longer to subsist , but dying by degrees ) abandons this isle of britain its utmost limit , and last inlivened , to subsist alone miserably , or else to die . the choice was more difficult by how much the more england was much wasted in the roman wars , the flower of their strength spent in forraign service , the remainder but few , and these exceeding vicious ; and which was worst of all , ingaged by the romans in a war with the picts , against whom the romans themselves found it too burdensome for some of them to hold out , without the help of a wall : and albeit that the very name of an old servant of four hundred years continuance , might have moved a roman heart to commiserate , yet their spirits fail , and forsaken england must now go into the wilderness , and naked as they are , endure the brunt of the cold storms of the northern picts , without any shelter but the hidden will of god then frowning upon them . in this condition , they half desperate , seek for a cure in reason worse than the disease . for it had been better for them to have stooped to hard conditions with the picts , considering they were all but one people , and differing only by the breadth of a wall , than to call in a new people whose qualities they were ignorant of ; and at the best to make them their companions , who might prove ( as they afterwards did ) both lords and masters over them . but there is no reason against god's will. the britons needed present help , they overlaid by invasions from the picts ( who soon espied the romans gone , and their own advantage ) sent for aid where they were most like to speed for the present , and left the future to look to it self . ireland was nigh , but we find nothing concerning their interest in shipping ; the french coasts were not their own men , being yet within the roman line : and none were at liberty , but such as were never subdued by the romans ; only the saxons are in the thoughts of the britons , a mighty people not far off , able to mate the romans in their chiefest pride ; and though in a manner borderers upon the roman world , yet unsubdued by them , used to the wars , mighty at sea , and now given over by the romans in a plain field , were at leisure , and so well knew the way to britain , that the romans intituled the coasts of norfolk and suffolk the saxons coasts , from the many visits that the saxons had already made into those parts , full sore against the romans wills . i hold it both needless and fruitless to enter into the lists , concerning the original of the saxons ; whether they were natives from the northern parts of germany , or the reliques of the macedonian army under alexander . but it seems their government about the time of tiberius was in the general so suitable to the grecians , as if not by the reliques of alexanders army ( which is generally agreed , emptied it self into the north ) yet by the neighbourhood of greece unto these nations , it cannot be imagined , but much of the grecian wisdom was derived into those parts , long before the romans glory was mounted up to the full pitch ; and because this wisdom could never be thus imported , but in vessels of mans flesh , rigged according to the grecian guize , it may be well supposed , that there is some consanguinity between the saxons and the grecians , although the degrees be not known . the people were a free people , governed by laws , and those made not after the manner of the gauls ( as caesar noteth ) by the great men , but by the people ; and therefore called a free-people , because they are a law to themselves , and this was a priviledge belonging to all the germans , as tacitus observeth , in cases of most publick consequence , de majoribus omnes ; like unto the manner both of the athenians and lacedemonians in their concio . for which cause also i take the gauls to be strangers in blood unto the britons , however nigh they were in habitation . that some matters of action ( especially concerning the publick safety ) were by that general vote concluded and ordered , seems probably by their manner of meeting with their weapons . but such matters as were of less concernment , the councel of lords determined de minoribus principes , saith the same author . their country they divided into counties or circuits all under the government of twelve lords , like the athenian territory under the archontes . these ( with the other princes ) had the judicial power of distributive justice commited to them , together with one hundred of the commons out of each division . the election of these princes with their commission , was concluded inter majora by the general assembly , and they executed their commission in circuits , like unto the athenian heliastick or subdial court , which was rural , and for the most part kept in the open aire . in brief , their judicial proceedings were very suitable to the athenian , but their military more like the lacedomonian , whom above all others in their manners they most resembled . in their religion they were very devout , saving that they much rested in the reverence they bare to their priests , whom they made the moderator of their general assembly , their judge , advocate , and executioner in martial law ; therein submitting to them as unto gods instrument . they worship an invisible and an infinite diety ; mans flesh is their sacrifice of highest account : and as often as they make inquiry by lots , they do it with that solemn reverence as may put all the christian world to the blush , precatus deos , caelumque suspiciens ; and this done by the priest of the town , if it be in publick causes , or otherwise if private , then by the master of the family ; so as they had family-worship as well as publick . these things i note , that it may appear how nigh these invited guests resemble the old religion of the britons , and how probable it is , that this island hath from time to time been no other than as a sewer to empty the superfluity of the german nations ; and how the influence of these old principles doth work in the fundamental government of this kingdom , to this present day . these are the instruments chosen by god , and called by the britons to be their deliverers from their enemies , which they did indeed ; yet not swayed thereto by love of justice or compassion ( for if writers say true , they were no better than high-way-men both by sea and land ) but by their love of spoil and prey , and by the displeasure of god against a dissolute people . they profess friendship nevertheless in their first entrance ; but espying the weakness of the britons , and feeling the strength of the picts , and finding the land large and good , they soon pickt quarrels with their hoast , made peace with the picts , and of fained friends , becoming unfained foes to the britons , scattered a poor remnant of christians , some to the furthest corners of the kingdom , others into forrain nations , like so many seeds men , to sow the precious seed of life in a savage soil . and those few that remained behind , profiting under much misery , by their doctrine and good example yielded better blessings unto their new-come guests than they either expected or desired . and thus the miseries of poor britain became riches of mercy to the north and eastern people ; and the ruines here , the foundations of many famous churches else-where . nor yet was mercy from the britons utterly taken away , nor their blood drawn out to the last drop , or their name quite blotted out of the book of fame : for whereas two things make men miserable , viz. the heaviness of the burden without , and the failing of the heart within , and gods ordinary way of redress of the former beginneth in taking away the latter ; thus dealt he with the britons . for in danger , as want of strength breeds fear , and that ( by extremity ) despair , so despair oftentimes revives into a kind of rage that puts strength forth beyond reason ; i say beyond reason , for cause cannot not be given thereof , other than gods extraordinary dispensation in a judiciary way , when he seeth the stronger to wax insolent over the weaker . thus the britons fled from the picts so long as they had any hope of relief from the saxons ; but being become their enemies , and pursuing them to the low-water mark , that in all reason they must either drink or bleed their last ; then their courage revived , and by divers victories , by the space of years , god stopped the hasty conquest of the saxons . the result whereof , by truces , leagues , commerce ▪ conversation , and marriages between these two nations , declared plainly that it was too late for the saxons to get all ; their bounds being predetermined by god , and thus declared to the world . in all which , god ( taming the britons pride by the saxons power , and discovering the saxons darkness by the britons light ) made himself lord over both people in the conclusion . chap. v. of austin's coming to the saxons in england . his entertainment , and work. during these troublesome times , came a third party that wrought more trouble to this isle than either pict or saxon , for it troubled all . this was the canonical power of the roman bishop , now called the universal bishop . for the roman emperour having removed the imperial residence to constantinople , weakned the western part of the empire ; and exposed it not only to the forrain invasions of the goths , vandals , herules , lombards , and other flotes of people , that about these times , by secret instinct were weary of their own dwellings ; but also to the rising power of the bishop of rome , and purposely for his advancement . who by patience out-rode the storms of forrain force , and took advantage of those publick calamitous times to insinuate deeper into the consciences of distressed people , that knew no other consolation in a plundred estate , but from god and the bishop , who was the chief in account amongst them . the power of the bishop of rome thus growing in the west , made him to out-reach not only his own diocess and province , but to mind a kind of ecclesiastical empire , and a title according thereunto ; which at length he attained from an emperor fitted for his turn ; and that was enough to make him pass for currant in the empire . but britain was forsaken by the roman empire above years before : so as , though the emperor could prefer his chaplains power or honour as far as his own , which was to the french shore ; yet britain was in another world under the saxons power and not worth looking after till the plundering was over , and the saxon affairs setled ; so as some fat may be had . then an instrument is sought after for the work , and none is found so far fit to wind the saxon up to the roman bent as a monk , that was a holy humble man in the opinion of all , but of those that were so in the truth , and knew him . this is austin , sent by pope gregory to do a work that would not be publickly owned . it was pretended to bring religion to the saxons in england ; therefore they give him the title of the saxon apostle ; but to be plain , it was to bring in a church-policy , with a kind of worship that rendred the latria to god , and the dulia to rome . the saxons were not wholly distitute of religion , and that , gregory himself in his letter to brunchilda , the french queen , confesseth , indicamus , saith he , ad nos pervenisse ecclesiam anglicanam velle fieri christianam ; so as there was a good disposition to religion before ever austin came , and such an one as rang loud to rome . but far more evident is it from the saxons keeping of easter more asiatico , which custom also continued after austins coming fifty years , sore against austins will. the dispute between coleman and wilfride bears witness to that ; and it had been a miraculous ignorance or hardness , had the saxons , a people ordained for mercy ( as the sequel shewed ) conversed with the christian britons and picts above years , without any touch of their religion . if we then take austin in his best colour , he might be said to bring religion to the south-saxons , after the roman garb ; and his hottest disputes about easter , tonsure , the roman supremacy ; and his own legatine power , and his worthy queries to the pope , shew he regarded more the fashion than the thing ; and the fashion of his person , more than the work he pretended ; for he loved state , and to be somewhat like to the legate of an universal bishop ; and therefore of a monk he suddenly becomes a bishop in germany , before ever he had a diocess , or saw england ; and after he perceived that his work was like to thrive , he returned , and was made archbishop of the saxons , before any other bishops were amongst them ; and after three years had the pall , with title of supremacy over the british bishops that never submitted to him . his advantages were , first his entrance upon kent , the furthest corner of all the island from the britains and picts , and so less prejudiced by their church-policy ; and at that very time interessed in the roman air above all the other saxons : for their king had married a daughter of france , one that was a pupil to rome , and a devout woman ; she first brought austin into acceptance with the king , who also at that present held the chief power of all the saxon kings in this isle , which was now of great efficacy in this work ; for where religion and power flow from one spring to one stream , it is hard to chuse the one , and refuse the other . and thus rome may thank france for the first earnest they had of all the riches of england , and we for the first entrance of all our ensuing bondage and misery . austin had also a gift or trick of working miracles , whether more suitable to the working of satan , or of god , i cannot define . it seems they walked onely in the dark ; for either the britons saw through them , or saw them not ; nor could austin with his miracles or finess settle one footstep of his church-poliy amongst them ; happily they remembring the roman dagon , liked the worse of the roman woman ; and the rather because the carriage of their messenger was as full of the archbishop , as it was empty of the christian. i would not touch upon particular passages of action , but that it is so remarkable , that austin himself , but a novice in comparison of the british bishops ( the clearest lights that the northern parts of the world then had , and unto whom the right hand of fellowship was due by the roman canon ) should nevertheless shew no more respect to them at their first solemn entrance into his presence than to vassals . i would not but note the same as a strong argument that this whole work ab initio , was but a vapour of prelacy . this the british bishops soon espied , and shaped him an answer suitable to his message , the substance whereof was afterward sent him in writing by the abbot of bangor , and of late published by sir henry spelman , as followeth : be it known ( and without doubt ) unto you , that we all , and every one of us , are obedient and subject to the church of god , and to the pope of rome , and to every godly christian , to love every one in his degree , in perfect charity , and to help every one of them , by word and deed to be children of god : and other obedience than this i do not know to be due to him whom you name to be pope ; nor by the father of fathers to be claimed or demanded . and this obedience we are ready to give and pay to him , and to every christian continually . besides , we are under the government of the bishop of caerleon upon uske , who is to oversee under god over us , and cause us to keep the way spiritual . this was the britons resolution , and they were as good as their word ; for they maintained the liberty of their church five hundred years after this time ; and were the last of all the churches of europe that gave their power to the roman beast ; and henry the eighth , that came of that blood by teuther , the first that took away that power again . austin having met with this affront , and perceiving that the britons were stronger in their faith than he by his miracles , cast about to try the saxons courtesie ; that what the ephod could not , the sword wrapt up therein should . i say not that he procured , but he threatned or prophesied the destruction of the monks of bangor ; and it came to pass , and the accasion by writers loudly suspected . nevertheless the saxons were not so zealous of their new religion , as to make a new national quarrel between the britons and themselves , but left the game to be played out by austin ; who finding by experience that it would not prove the work of one man , left it to successors to work out by degrees in efflux of time . and thus austin , neither good servant to the servant of servants , nor good monk , retires to settle his saxon province , and to present , or rather to prostitute it to the lusts of that red whore ; which was the general piety of those ignorant times . chap. vi. of the imbodying of prelacy into the government of this kingdom . i cannot think that the platform of the mystery of iniquity ( when boiled to the height ) was ever fore-seen , or in the aim of the wicked spirits on earth , or those in hell. yet were they all instruments of this monstrous birth , filled with subtilty and mischief , guided principally by occasion , and over-ruled by the justice and wisdom of god , to make a yoke for monarchs , and a scourge to the world for their refusal of the government of christ , until this monster came to perfection ; and wherein themselves were feloes de se , and wrought their own mischief . for austin coming in as a third proprietor with king and people , and having gathered the materials of a church , reason told them that a form of government must be setled in that church . the saxons had no principles of their own ( for they had no learning ) and to go to the britons for a pattern might be ignoble ; and where the choice is small , it is soon made . rome held now the most part of the churches of europe at school ; the saxons soon resolve , rome that had been their mother , shall be also their father : and thus at one draught they drank up a potion of the whole hierarchy of rome from , the pope to the apparator , with a quicquid imponitur & imponetur , which was of such lasting efficacy , that it ceaseth not to work even to this day , although it was slow in the first operation . for the saxons had a common-wealth founded in the liberty of the people ; and it was a masterpiece for austin and the clergy , so to work , as to remain members of this common-wealth , and yet retain their hearts for rome , which was now grown almost to the pitch of that antichrist . for reason must needs tell them , that the saxon principles would not suffer them to be ad omnia for rome , nor the roman canon allow them to be wholly saxon ; and they faw plainly that the times were too tender to endure them to be declarative on either part ; and therefore they chose a third way , which was to preserve the municipal laws in moderation towards the canon , and to that end to endeavour such a temper upon the state as must admit them to be in repute , such as without whom the common-wealth could not well subsist , no more than a body without a soul ; and that few occasions should befal , but ( at least in ordine remoto ) must reflect upon both , and then all reason will bespeak them to joyn in the legislative power and government of this kingdom ; but especially as bishops , who are now magnae spes altera romae , and the very top-flowers of wisdom and learning . and unto this temper the saxons were sufficiently prepared and inclinable ; for it was no new thing for them to admit their heathenish priests into their general meetings , and allow them much power therein ; and then it is but the person changed , and they must do as much for their bishops , now they are become christian ; especially themselves being all for the field , and overgrown with a general ignorance , the common disease of those times . kings were in no better condition : it was hard for them to be baptized , and not to be baptized into rome , and commonly under such a covenant as though many might repent of , yet none durst amend : for whenas the pope is lord of the consciences of the people , the kings power may sometimes out-face , but can never govern : the saxon kings were therefore fain to make a vertue of necessity , and advance bishops to be common favorites both of rome and themselves , to maintain good correspondency between both swords ; and to countenance the power of the temporal magistrate in cases of dispute , else he oftentimes might command , and yet go without . thus entred the prelates upon affairs of kings and kingdoms , and became lovers of lordships , and troublers of states ; and if in any thing they served their country , they served rome much more ; their merchandise was made of the policies and counsels of all kingdoms and states , and such returns proceeded as were still subservient to the roman interest ; and they intoxicated the domestick counsels in such manner , as they generally staggered , and many times came short of home . nevertheless , at the first this was but rare , clancular , and covered with much modesty ; for ( excepting such choice spirits as austin had ) roman prelacy in these younger times was but velvet-headed , and endured not much greatness or big titles , but spake like a lamb ; ego non verbis quaero prosperari , sed moribus , said this gregory to the alexandrian bishop , who had put upon him the title of universal bishop or pope : and whereas he had in a way of courtship called gregories counsels commands , he startles , at it ; quod verbum jussionis , saith he , peto a meo auditu removeri , quia scio quis sum & qui estis . thus prelacy first conveyed it self into opinion , afterwards into conscience ; and ambition coming in the rear , made it become both bishop and lord. chap. vii . of metropolitans in the saxons time . being in pursuit of the government of this kingdom in elder times , and therein first of the persons with their relation , then of their work , and lastly of their courts and laws , and now in hand with the ecclesiastical persons , i shall descend to their particular ranks or degrees , and shall shew what they were in their original , and what overplus they had by laws . and first concerning the metropolitan . in his original , his office was to visit the bishops , admonish and exhort them ▪ and in full synod to correct such disorders as the bishop could not reform , and in all things to proceed according to the prescript canon . thus witnesseth boniface , an archbishop to an archbishop of an archbishop ; not according to the practice of the times wherein it was written , but according to the ancient rule . for long before boniface his time archbishops were swoln beyond the girt of the canon ; and before that england wa● honoured with that rank of men , metropolitans were become metrono●●ians , and above all rule , but that of their own will , and through common custom had no regard to any other ; so as if england will have them , it must be content to have them with their faults . but the truth is , the dignity , or title ( which you will ) was a plant of that virulent nature that would scarce keep under-ground in the time of the hottest persecution : for steven , bishop of rome , liked the title of universal bishop . and after a little peace , it 's a wonder how it grew to that height that it had ; and no less wonderful that the saxons gave entertainment to such potentates . much of whose spirits they might have observed in the entrance of their first archbishop austin , if god had not given them over to thraldom under the mystery of iniquity ( of sinful man aspiring into the place of god , taught by that courtly messenger of rome ) because they would not stoop to that mystery of godliness , god manifested in the flesh , as it was taught in simplicity by the rural picts and britons . but this was not all , for because archbishops were gotten above canon , which was thought scandalous ; therefore they gave as large a power by canon as the former usurpation amounted unto , and so stretched the canon to the mind of the man , whenas they should have rather reduced the man to the canon . the words of the canon in our english tongue , run thus : it belongs to the metropolian bishop to rule gods churches ; to govern , chuse , appoint , confirm , and remove abbots , abbotesses , presbyters , and deacons ; and herewith the king hath nothing to do . and thus , though the apparent power of archbishops was great and unlimited , yet what more was wrapped up in that word churches , only time must declare ; for it is very likely that in those daies it was not understood : yet the practice doth not obscurely declare the matter , for before this law was established by withered in a council ( wherein bertnaldus archbishop of canterbury was president , and who was first primate of england ) theodore archbishop of canterbury used such power over other bishops in ordaining or removing them , as a writer saith , that his rule was no other than perturbatio and impetus animi . but the metropolitan in england as the times then were , had yet a further advantage , even over kings themselves ; for there were divers kingdoms in this island , and kings had no further power than their limits afforded them : but there was but one metropolitan for a long time in all the saxon territories , so as his power was in spirituals over many kingdoms , and so he became indeed alterius orbis papa . and it was a remarkable testimony of gods special providence , that the spirits of these petty popes should be so bound up under the notion of the infallibility of the roman chair , that they had not torn the european church into as many popedoms as provinces . but no doubt god ordered it for a scourge to the world , that antichrist should be but one , that he might be the more absolute tyrant ; and that kings should bow down their necks under the double or rather multiple yoke of pope and archbishops , for their rebellion against the king of kings . chap. viii . of the saxon bishops . had not bishops been somewhat sutable , the roman clergy had not been like it self ; and it had been contrary to austin's principles to have advanced to bishopricks men better qualified than himself . they first ruled the saxon church joyntly in the nature of a presbytery , till about sixty years after austin's time , their pride would not endure together any longer , and it may be grew somewhat untractable under the metropolitan , that resolved to be prouder than all ; and thereupon theodore archbishop of canterbury first divided his province into five diocesses , and by appointment of the kings and people placed bishops over each , every one of them being of the right roman stamp , as himself was of the right roman shaving . and it had been a wonder if episcopacy ( now for the space of three hundred years degenerated , and that into such a monstrous shape as a pope ) should by transplanting become regenerate into their original condition of meekness and humility . but it is a much greater wonder that they should become so purely ambitious as not to endure a thought of the ways of sobriety , but would be proud by law ; to let all the world know that they held it no infirmity , but an honour . for albeit that in the first time the bishops work was to instruct & teach , to see the service of god to be diligently & purely administred in publick congregations , to exhort , reprove , & by teaching to amend such matters as he should find in life and doctrine contrary to religion ; and accordingly they carried themselves meekly and humbly , studying peace & truth , and medled not with secular affairs : they are now grown up into state , and must now ride on horse-back , that were wont to go on foot preaching the word ; and must be respected above the rank of ordinary presbytery ; none must doubt of their truth , nor question their words , but they must be holden sacred , as the word of a king , sine juramento sit irrefragabile . their presence must be a sanctuary against all violence ; all clerks and religious houses must stoop under their power ; their sentence must be definitive : and thus advanced , they must keep state , viz. not go too far to meet princes in their approach towards them , nor to light off their horses backs to do princes reverence at their meeting ; because they are equal to princes and emperours : and if any bishop shall behave himself otherwise , and after the old rustical fashion ( for such are the words of the canon ) for disgrace done to their dignity they must be suspended : so as by their own confession , bishops henceforth are bishops of a new fashion , that must incur a note of infamy for shewing any gesture of humility to princes ; which if any man will see more fully , let him peruse the canon if he please . but this is not sublime enough ; they must be not only equal , but in many respects superiour to princes : for in matters that concern god , omnibus dignitatibus praesunt ; and more plainly , princes must obey them ex corde cum magna humilitate ; and this was allowed of by offa the great in a legatine synod . and thus highly advanced , bishops are now consecrated to any work , and make every thing sacred . oaths taken before them are of highest moment ; and therefore the trial of crimes before them , and the acknowledgment of deeds of conveyance in their presence , are without control . their custody is a sufficient seal to all weights and measures , which they committed to some clerk whom they trusted : and at this day ( though a lay-person ) beareth title of clerk of the market . and although anciently they might not interesse secularibus ; yet afterwards it became a part of their office to assist judges in secular causes , to see that justice be not wronged ; and they had the sole cognizance of all causes criminal belonging to the clergy , their tenants or servants ; and in their synods their power reached to such crimes of lay-men as came within the savour of the canon , though it were but in the cold scent , as the laws of athelstane and other his successors sufficiently set forth . and thus dressed up , let them stand aside , that room may be made for their train . chap ix . of the saxon presbyters . these follow their lords the bishops as fast as they can hunt ; for being of the same order ( as the less proud times acknowledged ) they would not be under foot , and the others above the top . true it is , that the bishops loaded them with canons , and kept them under by hard work , under the trick of canonical obedience ; yet it was no part of their meaning to suffer them to become vile in the eyes of the laity , for they knew well enough that the presbyters must be their bridles to lead and curb the people , and their eyes to see whether the winds from below blew fair or foul for them ; whose consciences already told them that they merited not much favour from the people . they see it therefore necessary to inhaunce the price of a presbyter somewhat within the alloye of a bishop , to the end that the presbytery may not be too like the babylonian image , whose head was gold , and feet of iron and clay . a presbyter therefore they will have to be of equal repute with a baron ; and his person shall be in repute so sacred , as that all wrong done thereunto must be doubly punished , with satisfaction to the party , and to the church . his credit or fame must not be touched by lay-testimony : nor is he to be judged by any secular power ; but to be honoured as an angel. such are these instruments of the bishops government ; and these are put as a glass between the bishops and people , and could represent the people to the bishop black or white , and the bishop to them in like manner , as they pleased ; and so under fear of the bishops curse , kept the people in awe to themselves and it . chap. x. of other inferiour church-officers amongst the saxons . they had other inferiour degrees of the clergy , which because they are meerly subservient , and not considerable in church-government , i shall only touch upon them . the first are called deacons , which were attending upon the presbyters to bring the offerings to the altar , to read the gospel , to baptize , and administer the lords supper . then follow the sub-deacons , who used to attend the deacons with consecrated vessels , and other necessaries for the administring of the sacrements . next these acolites , which waited with the trapers ready lighted while the gospel was read , and the sacrament consecrated . then exorcists , that served to disposses such as are possessed by the devil ; and office ( as it may seem ) of little use , yet very ancient ; for they are found at the synod at arles , which was within three hundred years after christ's death . lecturers came next , who served to read and expound ; and these were of use when churches began to multiply , and presbyters grew idle . lastly , ostiaries ; which used to ring the bells , and open and shut the church-doors . these are the several ranks of church-officers , being seven in number , ( for bishops and presbyters make but one ) and might be ( as thus ordered ) the seven heads of the beast whereon the woman sitteth ; and with much ado make up a kind of church-service , somewhat like a great hoe in a ship-yard at the stirring of a little log , and are nevertheless well paid for their labour . chap. xi . of church-mens maintenance amongst the saxons . i take no notice in this account of the abbots and priors , and other such religious men , as they were then called ; nor can i pass them amongst the number of church-governours or officers , being no other than as a sixth finger , or an excrescence that the body might well spare , and yet they sucked up much of the blood and spirits thereof . but as touching the maintenance of those formerly mentioned , who had a constant influence in the government of the affairs of the publick worship of god , and regard of salvation of the souls of the people ; i say their maintenance was diversly raised , and as diversly imployed . first , through the bounty of kings and great men , lands and mannors were bestowed upon the metropolitan and bishops , in free alms ; and from these arose the maintenance that ascended up in abundance to the higher region of the clergy , but came again in thin dews scarce enough to keep the husbandmans hope from despair ; otherwise had not the prelates so soon mounted up into the chair of pomp and state , as they did . i say , these are given in free alms , or more plainly , as alms free from all service ; and this was doubtless soon thought upon , for it was formerly in president with their heathenish-priests and druids , as caesar noteth , that they had omnium rerum immunitatem : yet with the exception of works of publick charity and safety , such as are maintaining of high-ways , repairing of bridges , and fortifying of castles , &c. and hereof the presidents are numerous . the work whereto this wages was appointed , was the worship of god , and increase of religion ; and thus not only many of the kings subjects were exempted from publick service , but much of the revenue of the kingdom formerly imployed for the publick safety , became acquitted from the service of the field , to the service of the bead ; the strength of the kingdom much impaired , and the subjects much grieved ; who in those early times saw the inconveniences , and complained thereof to their kings , but could not prevail . this was the vintage of kings and great men , but the gleanings of the people were much more plentiful ; for besides the courts ( which swelled as the irregularities of those times increased , and thereby enriched the cofers of that covetous generation , the greatest part whereof ought by the canon to go to the publick ) the best part of the setled maintenance , especially of the inferiour degrees , arose from the good affections of the people , who were either forward to offer , or easily perswaded to forgo constant supply for the church-men out of their estates , as well real as personal , especially in the particulars ensuing . the most ancient of all the rest was the first-fruits , which was by way of eminency called cyrick-sceate , or in more plain english , church free ; which was always payable upon st. martins day unto the bishop out of that house where the party did inhabit upon the day or feast of the nativity . it was first granted by parliament in the time of king ina ; and in case of neglect of payment , or denial , it was penal eleven-fold to the bishop , besides a fine to the king , as was afterwards ordered by canutus . after the first-fruits cometh to consideration the revenue of tythes , the which i find no publick act of state to warrant , till the legatine council under offa : although the canon was more ancient . the bishop at the first was the general receiver as well of these as of the former , and by him they were divided into three parts , and imployed one to the poor ; another for the maintenance of the church ; and a third part for the maintenance of the presbyter . but in future times many acts of state succeeded concerning this , amongst which that grant of athelwolfe must be a little paused upon . some writers say that he gave the tenth mansion , and the tenth of all his goods : but malmsbury saith , the tenth of the hides of land ; but in the donation it self , as it is by him recited , it is the tenth mansion . but matth. westm. understands that he gave the tenth part of his kingdom , but in the donation by him published it is decimam partem terrae meae . in my opinion , all this being by tradition , little can be grounded thereupon . the form of the donation it self is uncertain and various , the inference or relation more uncertain and unadvised ; for if the king had granted that which was not his own , it could neither be accounted pious or rational . nor do we find in the donation that the king in precise words gave the land , or the tenth part of the land of his kingdom , but the tenth of his land in the kingdom : and the exemplification published by matth. westm. countenanceth the same , albeit the historian observed it not . but suppose that the kingdom joyned with the king in the concession , and that it was the course to pass it onely in the kings name , yet could not the tenth hide , tenth mansion , or tenth part of the kingdom be granted , without confusion in the possessions of the people . for either some particular persons must part with all their possessions , or else out of every mans possession must have issued a proportionable supply ; or lastly a tenth part of every mans possession , or house and land , must be set forth from the rest ; or some must lose all and become beggars , to save others : all which are to me equally improbable . nevertheless i do not take the thing to be wholly fabulous , but may rather suppose that either a tenth was given out of the kings own demesnes , which is most probable ; or else the tenth of the profits of the lands throughout the kingdom ; and that it was by publick act of state , and that clause forgotten by historians . and thus might a good president be led to alfred , athelstan , and other kings , who setled tythes under payment of penalties , and appointed the times of payment , viz. the small ttihes at whitsontide , and the great tithes at alhollantide . another tribute was that of luminaries , which by alfred and gunthrum was first setled by law , although it had been before claimed by canon . it was payable thrice a year , viz. hollantide , candlemas , and easter , at each time half a penny upon every hide of land ; and this was under a penalty also . another income arose from the plough , and under the name of plough-alms : at the first it was granted by edward the elder generally , and the value was a penny upon every plough ; and in after-times it was ordained to be paid fifteen days after easter . next comes a fee at the death of the party , which was commonly called soul shot , and paid ( before the dead body was buried ) unto that church where the dead parties dwelling was . so as they never left paying and asking so long as the body was above ground ; and this it 's probable turned into that fee which was afterward called a mortuary . the incumbent also of every church had glebe laid to the church ; besides oblations , and other casual profits , as well arising from houses bordering upon the church , as otherwise . all these four last were payable to the priest of that particular congregation , and had not their beginning till parishes came to be setled . lastly , the zeal of the charity of england was not so cold as to contain it self within it's own bounds : they were a dependent church upon rome , and their old mother must not be forgotten . an alms is granted ; for under that lowly title it passed first , but afterwards called romscot or romesfeogh , or heord-penny ; for it was a penny upon every hearth or chimney , payable at the feast of st. peter ad vincula ; and therefore also called peter-pence : it was for the popes use ; and was setled under great penalties upon the defaulters . it arose by degrees and parcels : for first ina the saxon king granted a penny out of every house in his kingdom : after him offa granted it out of every dwelling house that had ground thereto occupied to the yearly value of thirty pence , excepting the lands which he had purposed for the monastery at st. albans . this offa had a much larger dominion than ina , and was king over three and twenty shires . after whom aethelwolf passed a new grant thereof out of his whole kingdom , which was well-nigh all that part which was called saxony , with this proviso nevertheless , that where a man had divers dwelling houses , he was to pay onely for that house wherein he dwelt at the time of payment . afterward edward the confessor confirmed that donation out of such tenements as had thirty pence vivae pecuniae . if then it be granted , that the saxon subjects had any property in their lands or tenements , as no man ever questioned , then could not this charge be imposed without the publick consent of the people ▪ and then the assertions of polydore and the monks , who tell us that ina and offa had made the whole kingdom tributary to rome , must needs be a mistake , both in the person , and the nature of the gift , seeing there is a much more difference between an alms and a tribute , than between the king and the people . now that it was an alms , and not a tribute , may apear , for that the original was a suddain pang of zeal , conceived and born in one breath , while the king was at rome ; and therefore not imposed as a tribute . secondly , it was ex regali munificentia , and therefore free . thirdly , it was expresly the gift of the king ; for the law of st. edward , which provideth for the recovery of the arrears of this money , and enjoyneth that they must be paid to the king , and not to rome , as it was in the days of canutus and edgar , rendereth the reason thereof to be , because it was the kings alms. secondly , that it was an alms onely from the king , and out of his own demesnes , may seem not improbable , because it was ex regali munificentia , which could never be affirmed if the gift had been out of the estates of others . secondly , it was granted onely out of such houses as yielded thirty pence rent , called vivae pecuniae , because in those times rent was paid in victual ; so as it may seem that onely farms were charged herewith : and not all mens farms neither ; for the general income will never answer that proportion . the particular hereof i shall in brief set forth . it appeareth in the former quotation , that offa charged this leavy upon the inhabitants dwelling in nine several diocesses , viz. hereford , which contained the city and county adjacent . . worcester , containing the cities and shires of it and gloucester . . litchfield , containing warwickshire , cheshire , staffordshire , shropshire , and derbyshire . . leicester , with the county adjacent . . lincoln , with the county adjacent . . dorchester , whereto belonged northamptonshire , buckinghamshire , bedfordshire , huntingtonshire , cambridgeshire , and half hertfordshire . . london , with essex , middlesex , and the other half of hertfordshire . . helmham , with norfolk . . domuck or dunwich , with suffolk . in which nine diocesses were two and twenty shires . and he further granted it out of spatinghenshire , ( now nottingham ) whose church belonged to york . but in ethelwolfs time the grant was enlarged , and extended into fifteen diocesses ; which , together with their several charge out of the english martyrology , i shall particularize , as followeth :   l. s. d. cantuar. dioces . london roffen norwic elienum lincoln cistrens winton exon wigorn hereford bathon latisburgh coventry ebor   the whole sum whereof not exceeding two hundred pounds six shillings and eight pence , will not amount to seven hundred pounds of now-currant money , if the weight of a penny was not less in those times than in the reign of edward the first , when it was the twentieth part of an ounce , and that the twelfth part of a pound , as by the statute thereof made may appear . nor can the difference be much ( if any ) in regard of the vicinity of the time of this extract to that of the statute : for though no particular date thereof appear , yet it seemeth to be done after the translation of the see from thetford to norwich , which was done in william rufus his time ; and after the erecting of the bishoprick of ely , which was in the time of henry the first . now albeit this charge was in future times diversly ordered and changed ; yet upon this account it will appear , that not above eight and forty thousand and eighty houses were charged in this time of edward the second with this assessment ; which is a very small proportion to the number of houses of husbandry in these days , and much more inferiour to the proportion of houses in those times , if polydores observation be true , that in the conquerour's time there were sixty thousand knights fees ; and as others , fifty thousand parishes . it may therefore be rather thought that none but the kings farmers were charged herewith , notwithstanding the positive relations of writers , who in this case , as in most others , wherein the credit of rome is engaged , spare not to believe lightly , and to write largely . and thus for their sevenfold church-officers , we have also as many kinds of constant maintenance . one in lands and tenements , and six several kinds out of the profits and the personal estate , besides the emergent benefits of oblations and others formerly mentioned . chap. xii . of the several precincts of jurisdictions of church-governours amongst the saxons . the church-officers thus called to the drum and paid , are sent to their several charges over provinces , diocesses , deaneries , and parishes , as they could be setled by time and occasion . before the saxons arrival , london had the metropolitan sea , or was the chiefest in precedency ; for arch-bishops the britons had none . afterwards , by advice of the wise-men , canterbury obtained the precedency , for the honour of austin , who was there buried . the number of provinces , and their several metropolitan sees , was first ordered by advice of pope gregory , who appointed two arch-bishops in saxony ; the one to reside at canterbury , the other at york ; and that each of them should have twelve bishops under them . but this could never be compleated till austin was dead ; as by the epistle of kenulphus to pope leo appeareth . nor then had the pope the whole power herein intailed to his tripple crown ; for the same epistle witnesseth , that the council of the wise-men of the kingdom , ruled the case of the primacy of canterbury . and offa the king afterward divided the province of canterbury into two provinces , which formerly was but one . the precincts of diocesses have been altered ordinarily by kings , or the arch-bishops and their synods , as the lives of those first arch-bishops set forth . theodore had divided his province into five diocesses , and within a hundred years after offa we find it increased into eleven diocesses . diocesses have also been subdivided into inferiour precincts , called deanaries or decanaries , the chief of which was wont to be a presbyter of the highest note , called decanus , or arch-presbyter . the name was taken from that precinct of the lay-power , called decennaries , having ten presbyters under his visit , even as the decenners under their chief . the smallest precinct was that of the parish , the oversight whereof was the presbyters work . they had abbeys and other religious houses ; but these were however regular among themselves , yet irregular in regard of church-government , whereof i treat . chap. xiii . of the manner of the prelates government of the saxon-church . having discoursed of the persons and precincts , it now befals to touch upon the manner of the government of the church by the saxon-prelates ; which was not wrapped up in the narrow closet of private opinion , but stated and regulated by publick council , as well in the making as executing of laws already made . this course was learned from antiquity , and inforced upon them by a roman-constitution , in the case that concerned arch-bishop theodore and wilfrid , upon this ground , quod enim multorum concilio geritur nulli consentientium ingerat scandalum . these are most ordinarily called synods , although at the pleasure of the relator called also councils , and are either diocesan , or provincial , or national , and these either particular or general . the general consisted of all the bishops and clergy ; and such was the synod under arch-bishop dunstan called . the national synods were diversly called ; sometimes by the pope , sometimes by the king , as the first moving occasion concerned either of them . for pope agatho in a synod at rome , ordered that a synod should be called in saxony ( viz. england ) sacrosancta authoritate & nostra synodali unitate ; and many legatine synods in succeeding times demonstrate the same . that the saxon kings also called them upon occasion , is obvious through all the councils , and needless to instance amongst , so many particulars . the provincial synods were sometimes convocated by the king , and sometimes by the arch-bishop , and sometimes joyntly . the diocesan were called by the bishop . in the national and provincial , sometimes kings moderated alone , sometimes the arch-bishop alone , and sometimes they joyned together . the assistants were others , both of the clergy and laity , of several ranks or degrees ; and it seemeth that women were not wholly excluded ; for in a synod under withered king of kent , abbatisses were present and attested the acts of that synod , together with others of the clergy of greater degree . the matters in action were either the making or executing of laws for government ; and ( because few laws passed that did not some way reflect upon the king and people , as well as the clergy ) the king was for the most part present , and always the lords , and others : yet if the matters concerned the church in the first act , the king though present , the arch-bishop was nevertheless president ; as it besel at a synod at clevershoe , an. . and another at celchith , an. . and in the reign of edward the elder , though the synod was called by the king , yet the arch-bishop was president . concerning all which it may be in the sum well conceived , that in the penning of the councils aforesaid , either the clergy ( being pen-men ) were partial or negligent in the setting down of the right form ; and that the kings called these assemblies by instance of the archbishop , and sometime presided in his own person , and sometimes deputed the archbishop thereunto . the executing of laws was for the most part left to the diocesan synods ; yet when the cases concerned great men , the more general councils had the cognizance , and therein proceeded strictly , sparing no persons of what degree soever . examples we find hereof , amongst others , of one incestuous lord , and two delinquent kings , edwy and edgar . nay they spared not the whole kingdom ; for in the quarrel between cenulphus the king , and archbishop wilfrid , the whole kingdom was under interdict for six years space ; and no baptism administred all that time . nor were they very nice in medling with matters beyond their sphere , even with matters of property ; for at a provincial council ( for so it is called ) they bore all down before them , even the king himself , as in the case between cenulphus the king , and the archbishop of canterbury , concerning the monastery of cotham . the like also of another synod concerning the monastery of westburgh : it 's true , the lords were present ; and it may be said , that what was done , was done in their right ; yet the clergy had the rule , and begat the child ; and the lay-lords onely might challenge right to the name . this concurrence of the laity with the clergy contracted much business , and by that means a customary power , which once rooted , the clergy after they saw their time ( though not without difficulty ) turned both king and lords out , and shut the doors after them , and so possessed themselves of the whole by survivorship . but of this hereafter . the particular diocesan synods were , as i said , called by the bishops within their several diocesses . the work therein was to preach the word as a preparative ; then to visit and enquire of the manners of the clergy in the worship of god , and of all matters of scandal , and them to correct . these synods were to be holden twice every year , at certain times ; and if they met with any matter too hard for them to reform , they referred it to the provincial or national synod . chap. xiv . of causes ecclesiastical . as the power of synods grew by degrees , so did also their work ; both which did mutually breed and feed each other . their work consisted in the reforming and setling matters of doctrine and practice . the first was the most ancient , and which first occasioned the use of synods . in this island the pelagian heresie brought in the first precedent of synods that we have extant ; and herein it will admit of no denial , but in the infancy of the church the teachers are the principal judges of the nature of errour and heresie , as also of the truth ; as the church is the best guide to every christian in his first instruction in the principles ; but after some growth there is that in every church and christian that makes itself party in judging of truth and errour joyntly with the first teachers . and therefore 't is not without reason , that in that first synod , although germanus was called judex , yet the people hath the name of arbiter , and 't is said that they did contestare judicium . blasphemy was questionless under church-censure , but i find no footsteps of any particular law against it ; yet in scotland a law was made to punish it with cutting out the tongue of the delinquent : but it may be feared that neither the saxons nor their roman teachers , were so zealous for the honour of gods name , as to regard that odious sin ; unless we should account them so holy as that they were not tainted therewith , and so needed no law. but apostacy was an early sin , and soon provided against ; the church-censure was allowed of in britain before the saxons church had any breath : afterward it was punished by fine and imprisonment , by a law made by alfred , as he provided in like manner for other church laws . the times anciently were not so zealous for due observance of divine worship , unless by the church-men who were the leaders therein ; a foreign canon was made to enforce that duty long before , but it would not down with the rude saxons : they , or the greater sort of them , were content to come to church onely to pray and hear the word , and so went away . this is noted by that ancient writer in nature of an imputation , as if somewhat else was to be done , which they neglected ; this somewhat was the mass , which in those days was wont to be acted after the sermon ended . and it 's probable that if the nobles were so ill trained up , the inferiour sort was worse ; and yet find we no law to constrain their diligence : or to speak more plainly , it 's very likely the saxons were so resolute in their worship , as there was either little need of law to retain them , or little use of law to reclaim them . for it 's observed in their late psalter , that the roman clergy was not more forward to image or saint-worship , than the people were backward thereto ; and therein shewed themselves the true seed of their ancestors in germany , of whom it 's observed that they endured not images , but worshipped a deity which they saw sola reverentia . sorcery and witchcraft they had in abomination : yet it was a sin always in a mist , and hard to be discerned but by the quick-sighted clergy ; and therefore it was left to their censure , as a sin against the worship of god. this ethebald the mercian king first endowed them with ; and they alone exercised the cognizance thereof till alfred's time , who inflicted thereupon the penalty of banishment : but if any were killed by inchantment , the delinquent suffered death by a law made by aethelstan . and thus by degrees became one and the same crime punishable in several jurisdictions , in several respects . concerning perjury , the prelates had much to do therewith in future times ; and they had the first hint from ina the saxon king 's grant to them of power to take testimonies upon oath , as supposing that the reverence that men might bear to their persons and functions , would the rather over-awe their tongues in witnessing ; that they would not dare to falsifie , lest these knowing men should espy it , and forthwith give them their doom . but no positive law allowed them that power of sentence , till aethelstan's law gave it ; and upon conviction by the same law , distested the delinquents oath for ever . sacriledge comes in the next place , being a particular crime meerly of the clergy-mens invention and naming ; for before they baptized it , you might have well enough called it theft , oppression , or extortion . this crime the prelates held under their cognizance by vertue of that general maxime , that all wrong done to the church , must be judged by the church . the first time that i can observe they challenged this power , was by egbert archbishop of york in the seventh century . but nothing was more their own than simony ; and that may be the reason why we find so little thereof either for the discovery or correcting of it . all former crimes were in their first act destructive to the church , but this advantageous ; and therefore though the canons roar loud , yet the execution is not mortal , because it 's bent against the dignity , and not the gain . and although the canon would not that any presbyter should be made , but presented therewith to some place to exercise his function in , yet it serveth not for those times when men were sent forth rather to make flocks than to feed flocks . and yet the theam of marriage was the best dish in all their entertainment : they had the whole common place thereof , with the appurtenances , within the compass of their text , before ever it attained the honour of a sacrament . it was a branch of moses law , whereof they were the sole expositors , and so seemeth to be cast upon them by a kind of necessity , as an orphan that had no owner . nevertheless a passage in eusebius seemeth to report this trust in the civil magistrate : for he relateth out of justin martyr , concerning a divorce sued out by a godly matron long before the prelacie got into the saddle , or the clergie had the power of judicature . and whereas lucius taxed vrbicius the magistrate for punishing ptolomy who was guilty of no crime worthy of his cognizance in that kind , amongst other crimes ( enumerated by him , whereof ptolomy was not guilty ) he nameth the crimes against the seventh commandment ; intimating thereby a power in the judge to have cognizance of those crimes as well as others . but the prelacie beginning to mount , nibled at it in the second centurie , but more cleerly in the fourth , when the persecutions were allayed , and men of learning began to feel their honour ; and never left pursuit till they had swallowed the bait , and exercised not onely a judiciary power in determining all doubts and controversies concerning the same , but challenged an efficienciary power in the marriage-making . this garland austin brought over with him , and crowned the saxon clergie therewith , as may appear by his queries to pope gregory : and thus the saxons that formerly wedded themselves , became hereafter wedded by the clergie . yet the civil magistrate retained a supream legislative power concerning it , as the joynt marriages between the saxons , britons , and picts , do manifest : for it 's said of that work , that it was effected per commune concilium & assensum omnium episcoporum , procerum , comitum , & omnium sapientum , seniorum , & populorum totius regni , & per praeceptum regis inae ; and in the time of edward their king , were enacted laws or rules concerning marriage ; and so unto the lay-power was the ecclesiastical adjoyned in this work. the clergie having gained the principal , with more ease obtained the appurthenances ; such as bastardy , adultery , fornication , and incest there was some doubt concerning bastardy , because it trenched far into the title of inheritance ; and so they attained that sub modo , as afterward will appear . the laws of alfred and edward the elder , allowed them the cognizance of incest ; although nevertheless the civil magistrate retained also the cognizance thereof , so far as concerned the penalty of the temporal law. adultery and fornication , they held without controul ; yet in the same manner as the former : for the civil magistrate had cognizance thereof , so far as touched the temporal penalty . and to give them as much as can be allowed , it 's probable that in all or most of the cases foregoing , they had the honour to advise in determining of the crime , and declaring the law , or defining the matter ; for in those ignorant times it could not be expected from any other . but how the cognizance of tythes crept under their wing , might be much more wondred at , for that it was originally from the grant of the people : nor can a better ground be found by me than this , that it was a matter of late original : for till the seventh century the times were troublesome ; and no setled maintenance could be expected for the ministry , where men were not in some certainty of their daily bread. and as it will hardly be demonstrated that this title was ever in any positive national law before the time of charlemain , in whose time , by a synod of clergie and laitie , it was decreed that tythes should be gathered by selected persons , to pay the bishops and presbyters : so neither can i find any saxon national constitution to settle this duty , till alfred's time , although the church-men had them as a voluntary gift ( so far as touched the quota pars ) for the space of well-nigh a hundred years before . but alfred made a national law , under a penalty , to enforce this duty ; which the canon could not wring from the saxons , how dreadful soever the censure proved . and by this means the church had their remedy by ecclesiastical censure for the matter in fact , and also the civil magistrate the cognizance in point of right , albeit future times introduced a change herein . chap. xv. a brief censure of the saxon prelatical church-government . this that i have said , might at the first view seem to represent a curious structure of church-policie , which might have put a period to time it self ; but ( to speak sine ira & studio ) the height was too great , considering the foundation , and therefore ever weak , and in need of props . the foundation was neither on the rock , nor on good ground , but by a ginn screwed to the roman consistory , or like a castle in the air , hanging upon a pin of favour of kings and great men . at the first they thought best to temporize , and to hold both these their strings to their bow ; but feeling themselves somewhat under-propped by the consciences of the ignorant people , they soon grew wondrous brave , even to the jealousie of princes ; which also was known so notoriously , that the publick synods rang , that the prelates loved not princes , but emulated them , and envied their greatness , and pursued them with detraction . and if the cloth may be judged by the list , that one example of wilfrid archbishop of york will speak much . he was once so humble minded , as he would always go on foot to preach the word ; but by that time he was warm in his archbishops robes , he was served in vessels of gold and silver , and with troops of followers , in such gallantry , as his pomp was envied of the queen . a strange growth of prelacy in so small a space as eighty years , and in the midst of stormy times , such as then afflicted this poor country ! but this is not all ; for never doth pride lead the way , but some other base vice follows . i will not mention the lives of the monks , nuns , and other clerks ; malmsbury speaks sufficiently of their luxury , drunkenness , quarrelling , and fighting . others witness thereto , and tell us that the clergie seldom read the scripture , and did never preach , and were so grosly ignorant , that alfred the king being a diligent translator of latine writers into the saxon tongue , rendreth this reason , because they would be very useful to some of his bishops that understood not the latine tongue . nor were the presbyters of another dye ; for that king bewailing their ignorance , in his letter to wolfegus , saith , that those which were de gradu spirituali , were come to that condition , that few of them on this side humber could understand their common prayers , or translate them into saxon ; and so few , as i do not ( saith he ) remember one on this side the thames when i began to reign . and the synod that should have salved all , covers the sore with this canonical plaister , that those of the clergie that could not say domine miserere in latine , should instead thereof say , lord have mercy upon us in english. it was therefore a vain thing for the clergie to rest upon their works , or title of divine right ; their great pomp , sacred places , and savour of kings , commended them to the administration , or rather adoration of ignorant people ; and the favour of the roman chair , unto the regard of kings : who maintained their interest with the conclave on the one side , and with the people on the other side , by their means ; and so they mutually served one another . it cannot be denied but the pope and kings were good cards in those days ; yet had the prelacie maturely considered the nature of the saxon government , so much depending upon the people , they might have laid a more sure foundation , and attained their ends with much more ease and honour . i commend not the base way of popularity by principles of flattery , but that honourable service of truth and vertue which sets up a throne in the minds of the vulgar , few of whom but have some sparks of nature left unquenched : for though respect may chance to meet with greatness , yet reverence is the proper debt to goodness ; without which we look at great men as comets , whose influence works mischief , and whose light serves rather to be gazed upon , than for direction . the foundation thus happily laid , the progress of the building was no less irregular in regard of their ends that they aimed at : for first , they admitted the laity into their synods ; who were not so dull but could espie their ambition , nor so base spirited as to live in slavery after conviction . this errour was espied i confess , but it was too late ; and though they reformed it , yet it was after four hundred years labour . and in the mean time , by the contentions of the clergie amongst themselves , kings had first learned so much of their supremacy , and the laity so much of their liberty , as they began to plead with the clergie , and had brought the matter to issue , before the synod could rid themselves of these lay-spectators , or rather overseers of their ways and actions . a second errour was the yoking of the bishops power under that of the synods : for they had little or no power by the canon that was not under their controul , neither in admission or deprivation of presbyters or others , determining of any cause , nor passing sentence of excommunication : and this could not but much hinder the hasty growth of antichrist's power in this kingdom . nor could it ever be compleated so long as the synods had the chief power . nevertheless the inthralled spirits of the clergie , and terrour of the papal thunder-bolt , in continuance of time surmounted this difficulty , and synods became so tame and easily led , as if there had been but one devil to rule amongst them all . for if any quick eye or active spirit did but begin to peep or stir , the legate e latere soon reduced him into rank , and kept all in awe with a sub poena , of unknown danger . a third error , was the allowing of peculiars and exemptions of religious houses from ordinary jurisdiction ; and this was an error in the first concoction , a block in the way of prelacy , and a clog to keep it down . this error was soon felt , and was occasion of much mutiny in the body ecclesiastical ; but exceeding profitable for rome , not only in point of revenue by the multitude of appeals , but especially in maintaining a party for the roman see , in case the prelacy of england should stumble at the supremacy of rome . otherwise it seemed like a wen upon the body , rather than any homogene member ; and without which certainly the english prelacy had thriven much better , and the roman chair much worse . in all which regards , i must conclude , that the prelatical government in england was as yet like a young bear not fully licked , but left to be made compleat by time and observation . chap. xvi . of the saxons common-wealth , and the government thereof ; and first of the king. having already treated of the saxon church , in order i am now come to the republick , which in all probability will be expected to be suitable to their original in germany ; whereunto having relation , i shall first fall upon the persons and degrees abstractively , then in their assemblies , and lastly of their laws and customs . the saxons in their first state in germany were distributed into four classes , viz. the nobles , the free-men , the manumitted persons , and the bond-men . under the nobility , and from them , arose one that was called a king , of whom i shall speak apart : the two last differed only in the bare liberty of their persons , and therefore may be comprehended under one head , as they were in their original . a king amongst the saxons in probability was anciently a commander in the field , an officer pro tempore , and no necessary member in the constitution of their state : for in time of peace , when the common-wealth was it self , the executive power of the law rested much in the nobility ; but in times of war , and in publick distractions , they chose a general , and all sware obedience unto him during the war ; it being finished , the general laid down his command , and every one lived aequo jure propria contentus potestate . but in their transmigration into britain , the continuance of the war causing the continual use of the general , made that place or office to settle and swell into the condition of a king ; and so he that was formerly dux became rex ; there being no more difference in the nature of their places , than in the sense of the words ; the one signifying to lead , the other to govern ; so as he that formerly was a servant for the occasion , afterwards became a servant for life ; yet cloathed with majestly , like some bitter pill covered with gold , to make the service better tasted . nor was the place more desirable , if duly considered . for first , his title rested upon the good opinion of the free-men ; and it seemeth to be one of the best gems of the crown , for that he was thereby declared to be most worthy of the love and service of the people . yet was the ground of their election so uncertain , as a man might imagine that sometimes there appeared more of the will than of the judgment in it ; that it might be said to be the more free , for they neither excluded women nor children further than present occasions led them . the west-saxons deposed seburg their queen , because they would not fight under a woman ; but the mercians obeyed elfled their queen , and under her fought valiantly with good success against the danes ; imitating the custom of the sitones or norwegians in germany ; or they might borrow it from the lacedemonians . a custom it was so much the more honourable , by how much it demonstrateth freedom , and that the worth of the people rested not so much in the head , as it 's diffused through the whole body . and it seemeth to run in the blood of an english-man , even to this day , to be as brave under a single queen , as under the most valiant king , if not much more ; and still to strive to be as famous for the defence of majesty wherever they set it , as the britons were of old . nor were they different in their respect of age , from that of the sex ; for though after the death of edmond , edwin or edgar were to have succeeded in the crown by the right of descent , yet the states would not admit them , because they were minors ; but the mercians admitted kenelme a child of seven years old to be their king. they likewise excluded not bastards till the clergy interposed ; for they having wound themselves into the councils of the kingdom , procured a constitution to back them in the election of kings legitimate , &c. let the kings be legally chosen by priests and elders , and not such as are begotten by adultery or incest : which constitution was made in a legatine council , and confirmed by great offa. the rule of their election was the same with that in germany , viz. to elect the chiefest out of the chiefest family , that is , the chiefest for worth , not by descent ; yet the honour they bare to their brave kings who had deserved well , made some to honour their posterity , and to chuse their eldest after their decease ; and so in time crowns were taken up by custom , and election oftentimes subsequent was accounted but a ceremony , unless the people will dispute the point . secondly , this election was qualified under a stipulation or covenant , wherein both prince and people were mutually bound each to other ; the people to defend their king , which the historian saith was praecipuum sacramentum ; and the prince to the people to be no other than the influence of the law , sutable to that saying of aethelstan the saxon king , seeing i according to your law allow you what is yours , do you so with me ; as if the law were the sole umpire between king and people , and unto which not only the people , but also the king must submit . the like whereunto , ina the great saxon king also , no great man , saith he , nor any other in the whole kingdom may abolish the written laws . kings furthermore bound themselves ( at their entrance into the throne ) hereunto by an oath ; as it 's noted of canutus , unto whom , after aetheldred was dead , the bishops , abbots , dukes , and other nobles , came and elected him to be their king , and sware fealty unto him ; and he again sware to them , that secundum deum , & secundum seculum , &c. viz. according to the laws of god , and of the nation , he would be a faithful lord to them . it 's probable , i grant , that the praecipuum sacramentum formerly mentioned , was in the first nature more personal for the defence of the person of their leader , whilst he was their captain : because it much concerned the good of the army , and without whom all must scatter , and be brought to ruine ; and this the words of the historian do evidence . but the safety of the whole people depended not on him after the war was done , and therefore the oath tied them not any further : nor did the safety of the people afterwards , when as the saxons entred this land , so absolutely rest upon the person of the king , especially if he proved unfit to manage the work : and therefore the fealty that the people sware to their king , was not so absolutely determined upon their persons , otherwise than in order to the publick weal , as may appear from the laws of the confessor , who was within thirty years after the reign of aethelstan formerly mentioned . the words in english run thus : all the people in their folkmote shall confederate themselves as sworn brethren , to defend the kingdom against strangers and enemies , together with their lord the king , and to preserve his lands and honours together with him with all faithfulness , and that within and without the kingdom of britain they will be faithful to him as to their lord and king. so as 't is evident , the saxons fealty to their king , was subservient to the publick safety ; and the publick safety is necessarily dependant upon the liberty of the laws . nor was it to be expected that the saxons would endure a king above this pitch . for those parts of germany ( whence they came ) that had the regiment of kings ( which these had not ) yet used they their kings in no other manner than as servants of state , in sending them as embassadors and captains , as if they claimed more interest in him than he in them : and the historian saith expresly , that amongst those people in germany that had kings , their kings had a defined power , and were not supra libertatem . and this maxim of state became afterwards priviledged by sanctuary : for by the growth of antichrist , not only the clergy , but even their tenants and retainers were exempt from the reach of kings ; and even by their own concession allowed of a law that cut the throat of their indefined prerogative , viz. that if the king defend not his people , and especially church-men from injury , nec nomen regis in eo constabit , verum nomen regis perdit . which law however it might pass for currant divinity in those days , yet 't is strange it should get into a publick act of state. nor was this a dead word ; for the people had formerly a trick of deposing their kings ( when they saw him peep above the ordinary reach ) and this was an easie work for them to do , where ever neighbouring princes of their own nation watched for the windfals of crowns . this made the monarchical crown in this land , to walk circuit into all parts of the countrey to find heads fit to wear it , until the norman times . thirdly , the saxons had so hampered their kings in their elections , and made them so properly their own , as they claimed an interest not only in the person of their kings , but also in their estates , so as in some respects they were scarcely sui juris . for king baldred had given the mannor of malings in sussex to christ-church in canterbury ; and because the lords consented not thereto , it was revoked , and king egbert afterwards made a new grant by advice of the lords ; which shews that the demesnes of the crown were holden sacred , and not to be disposed of to any other use , though pious , without the consent of the lords : and herewith concur all the saxon infeodations , attested and confirmed by bishops , abbots , dukes , and others of the nobility , under their several hands . nevertheless , kings were not then like unto plumed eagles , exposed to the charity of the fowls for food , but had a royal maintenance suitable to their majesty . their power was double , one as a captain , another as a king ; the first was first , and made way for the second . as captain , their power was to lead the army , punish according to demerits , and according to laws , and reward according to discretion . as captain , they had by ancient custom the spoil left to their ordering by permission of the army , exigunt principis liberalitate illum bellatorem equum , illam cruentam & victricem frameam ; and they were not wont in such cases to be close handed ( per bella raptus munificentiae materia ) the spoils in these wasted parts of germany bring little other than horses and arms. but after they came into britain , the change of soil made them more fat ; horses and arms were turned into towns , houses , lands , and cattle ; and these were distributed as spoils amongst the saxon souldiers by their generals ; and this redounded to the maintenance of the state and port of the great men , who were wont to be honoured non stipendiis sed muneribus ; and the people used ultro & viritim conferre principibus , vel armentorum vel frugum aliquid . but now upon the distribution of conquered towns , houses , lands , and cattle in britain , a yearly product of victuals or other service was reserved and allowed to the saxon kings by the people ; as the people allowed to joshua his land , jos. . . so as they needed no longer the former course of offerings , but had enough to maintain their royal port , and great superfluity of demesnes besides ; as their charity to the church-men does sufficiently evidence . and by this means all the lands in england became mediately or immediately holden of the crown , and a setled maintenance annexed to the same ; besides the casual profits upon emergencies , or perquisites of felons or fugitives goods , mines of gold and silver , treasure trove , mulcts for offences , and other priviledges , which being originally in the kings , were by them granted , and made royalties in the hands of subjects , as at this day . to the increase of his majesty and maintenance , there was an access of power , not to make , dispense with , or alter laws , but to execute and act the laws established : and against this power there was no rising up , so long as it , like an unfeathered arrow , gadded not at random . it 's true , the church-men or prelates checked them often , but could never give them the mate . for peace sake , kings many times yielded much ; yet would no king of saxon principles allow of any canon that extolled the clergy's authority above that of kings . and though the placing and displacing of bishops seemed to be all ecclesiastical work , yet would not the kings altogether connive ( as the examples of ina in placing a bishop in wells ; offa , in making two provinces of one ; cenulphus , in restoring polydorus ; edfrid , in deposing wilfrid ; and edward the confessor , in making robert norman archbishop of canterbury ) may induce into opinion : and for their own safety sake , the prelates thought it wisdom for them sometimes to stoop to that power that at other times they must be beholding to . and therefore though in synodical disputes they would hold with the canon , yet in matters of action would suit with the occasion , and thereby taught princes to account of canons but as notions ; and politickly to put the honour of commissioners upon these men . thus the current of both powers passing in one channel , made the people drink double beer at once : the turns both of pope and king were competently served , and these men had the honour of the two-handed sword ; and all seemed composed into a fair compromise . but the popedom finding its authority becalmed , endured this but as a burthen , till pope nicholas the second 's time , who by the like trick commended all to the crown , as from the papal benediction . for edward the confessour , upon his foundation of the abbey of westminster , sent to the pope for his allowance and confirmation of what he had done , or was to do ; and to make way for the more favour , sent presents , and a confirmation of romescot . the pope was so inflamed with such an abundant measure of blessing , as he not onely granted the kings desire , but also discharged that abbey from ordinary jurisdiction , made it a peculiar subject onely to the kings visitation , and concluded his bull with this horn , vobis vero & posteris vestris regibus committimus advocationem & tuitionem ejusdem loci , & omnium totius angliae ecclesiarum ; & vice nostra , cum concilio episcoporum & abbatum , constituatis ubique quae justa sunt . how the king took the conclusion , i find not , but he could never make better use than by way of estoppel , unless he meaned to sacrifice his own right as a thank-offering to a shadow , which i find not that he or his next successors ever did . but as touching the laity , histories do not touch upon any conceit of withdrawing monarchical power . it 's true , kings had their excesses , yet all was amended either by the body of the people , when they pleased to examine the matter , or by the princes fair compliance when complaint was made , and so the law was saved . and thus upon all the premises i shall conclude , a saxon king was no other than a primum mobile set in a regular motion , by laws established by the whole body of the kingdom . chap xvii . of the saxon nobility . the ancient saxon nobility in germany were the chiefest in action both in war and in peace . that rank of men was continued by three means , viz. by birth or blood , by valour , and by wisdom . the first was rather at the first a stem arising out of the first two , than a different degree or kind : for noble blood was at the first enobled by brave actions , afterward continued in their honour to their posterity , till by as base courses it was lost , as it was gained by worthy atchievements : these were called adelingi . the nobility of action consisted either in matters of war or of peace . those of peace arose principally from wisdom , which being gained for the most part by much experience , were therefore called aldermanni , or elder men . the nobility of war arose somewhat from valour or courage with wisdom , but more from good success : for many brave and fortunate commanders have not been very daring ; and the bravest spirits , though wise , have not been ever honoured with good success : these were called heretochii . nevertheless all these names or titles were used promiscuously in following times , and all called nobiles : but both that , and duces , satrape , and comites , were all of the roman dialect , as the former were of the saxon. time also brought others into this honourable band , viz. the great officers of the kings houshold , and their attests are found amongst the kings charters , amongst the nobles ; and that much advanced the price of kings ; for he that is worthy to be not onely lord above nobles , but master of some , may by a little courtesie prevail over all . this starry heaven had several orbs ; some so high , as in common esteem they were next the imperial heaven , having a tincture of royal blood , and at the next door to the throne : others , though not of so clear light , had nevertheless no less powerful influence upon the people , but rather more , by how much more nigher to them . their power in matters of peace or government of the commonwealth , was exercised either collectively , or apart and severally . in their meetings they ordered the smaller emergencies of the publick in convocating and directing the people . de minoribus rebus consultant principes . these minora are such as are subservient to the majora , and pro hic & nunc require suddain order touching any particular part or member of the common-wealth . at other times they visited their several territories or circuits , hearing and determining matters of controversie , and executing judgment according to the known laws , principes jura per pagos vicosque reddunt ; yet they had comites of the country joyned with them , whereof afterward . this was their course in german saxony ; but in england the new stem of kingly power , arising higher than all the rest , sucked much from them , and kept them under : for the judiciary power was in time drawn up into the regal order , and the lords executed the same as deputies from and under him , designed thereto by writs and commissions , as it is more particularly noted of king alfred . the lords thus lessened in their judiciary power , carried the less authority in their votes and consultations . the king was a perpetual moderator in that work , and it was no small advantage he had thereby to sway the votes . men that are advanced , if they have any excellency , soon gain admiration ; and it 's a hard thing for one that hath yielded his heart to admiration , to keep it from adoration . this hath mounted up kings to the top more than their own ambition , and made them undertake what they ought not , because we esteem more highly of them than we ought . i speak not against due , but undue obedience ; for had the saxon lords remembred themselves , and the true nature of the authority of their king , they needed not to be amazed at their check , nor to give way to their passion , as they did many times , and advised others to do the like . nor had kings by degrees become beyond controul , and uncapable to be advised . this errour the lords espied too late , and sometimes would remember their ancient right and power , and did take boldness to set a law upon the exorbitancy of their king , as in that case of aethelwolf and his queen amongst others may appear : but that was like some enterprizes , that owe more to extremity of occasion , than to the courage of the undertaker . chap. xviii . of the freemen amongst the saxons . the next and most considerable degree of all the people , is that of the freemen , called anciently frilingi , or free-born , or such as are born free from all yoke of arbitrary power , and from all law of compulsion , other than what is made by his voluntary consent ; for all freemen have votes in the making and executing of the general laws of the kingdom . in the first they differed from the gauls , of whom it is noted , that the commons are never called to council , nor are much better than servants . in the second they differ from many free people , and are a degree more excellent , being adjoyned to the lords in judicature , both by advice and power , consilium & authoritas adsunt : and therefore those that were elected to that work were called comites ex plebe , and made one rank of freemen for wisdom superiour to the rest . another degree of these were beholding to their riches , and were called custodes pagani , an honourable title belonging to military service ; and these were such as had obtained an estate of such value , as that their ordinary arms were a helmet , a coat of mail , and a gilt sword. the rest of the freemen were contented with the name of ceorles or pagani , viz. rural clowns , who nevertheless were the most considerable party both in war and peace ; and had as sure a title to their own liberties , as the custodes pagani or the country gentleman had . chap. xix . of the villains amongst the saxons . the most inferiour rank amongst the saxons were those that of latter times were called villains ; but those also antiently divided into two degrees , the chiefer of which were called free lazzi . these were such as had been slaves , but had purchased their freedom by desert ; and though they had escaped the depth of bondage , yet attained they not to the full pitch of freemen ; for the lord might acquit his own title of bondage , but no man could be made free without the act of the whole body . and therefore the historian saith , that they are not multum supra servos , or scarce not servants . they are seldom of account in any family , never in any city : but in kingdoms sometimes advanced above the freemen , yea , above nobles . those are now adays amongst the number and rank of such as are called copy-holders , who have the priviledge of protection from the laws , but no priviledge of vote in the making of laws . the most inferiour of all , were those which were anciently called lazzi or slaves ; those were the dregs of the people , and wholly at the will of their lord , to do any service , or undergo any punishment . and yet the magnanimity of the saxons was such , as they abhorred tyranny : and it was rarely used amongst them , by beating , torture , imprisonment , or other hard usage , to compel them to serve ; they would rather kill them as enemies . and this wrought reverence in these men towards their lords , and maintained a kind of generosity in their mindes , that they did many brave exploits ; and many times not onely purchased their own freedom , but also brought strength and honour to the kingdom . and though the insolency of the danes much quelled this saxon nobleness , yet was it revived again by the confessors laws , which ordained , that the lords should so demean themselves towards their men , that they neither incur guilt against god , nor offence against the king ; or , which is all one , to respect them as gods people , and the kings subjects . and thus much of the several degrees of men amongst the saxons , being the materials of their commonwealth ; a model whereof in the making and executing of the laws , and manner thereof , now next ensueth . chap. xx. of the grand council of the saxons called the micklemote . it was originally a council of the lords and freemen ; afterwards , when they assumed the title of a kingdom , the king was a member thereof , and generally president therein ; but always intended to be present , though actually and in his own person by emergent occasions he may be absent , and sometimes by disability of his person he be unmeet to vote or be president in such an assembly . as it was in the council at clano or cleve in wiltshire , when the great case between the monks and married priests was concluded ; the king was absent , as the story saith , because of his minority ; and yet if writers say true , he was then in the sixteenth year of his age . the lords were also nevertheless in the same condition of priviledge as formerly ; and though it appeareth that the kings had gotten the priviledge of summoning the grand meeting in his own name , yet it was by advice of the great men ; and being met , their votes were no other in value than as formerly : for all their laws were ex consilio sapientum , and ( for ought can appear out of antiquity ) the vote of the meanest continued as good as of the greatest , arbitrium est penes plebem . and thus the micklemote or wittagenmote of the saxons in england , continued in the king , lords , and freemen , by the space of one hundred and fifty years , and in some parts of england nigh two hundred years before ever the roman bishops foot entred , or the roman-clergy crept into the councils of state. afterwards the prelates were admitted de bene esse , for advice , as sapientes , and continued by allowance ; how canonically , ipsi viderint , for i understand it not ( especially as the scripture was then expounded ) nemo militans deo implicet negotiis saecularibus : yet if they be allowed ( what in those days they ordinarily took up ) a degree of policy above devotion , that knot is also soon untied . i say , they entred as sapientes , not as prelati , or church-governours ; for then they had holden the same power in church-matters agitated in the wittagenmote , that they had usurped in their synods which they held onely for church-visitation ; which they could never have , because the sapientes regni had their votes therein as freely as they . nor could the prelates by any law entitle themselves to such power or priviledge , so contrary to the priviledge of the wittagenmote . for though it be true , that the german priests had a liberty to be present in these grand assemblies , and to have some presidency therein , as to command silence , &c. yet it is not title to these , unless they will interest themselves as their successors , to possess by a jus divinum that jus diabolicum ( which those priests formerly had ) in a way of immediate providence ; somewhat like the possession of the mantle of eliah found by elishah . they might , i grant , plead the title from kings ; but , it must be granted also , that kings as yet had no more power over the church than in the commonwealth . nor could they have that from the lords , which the lords never had , but was ever accounted amongst the majora , and of which the wittagenmote had the only cognizance , as it will appear in some particulars ensuing . unto the king , lords , and clergy , must be added , as i said , the freemen , to make up the micklemote compleat ; and though it be true that no monument of story speaks of this grand meeting from their being in germany , until after the coming of austin ; yet whenas the saxon histories then find them in the same condition that the german story leaves them , it is very probable that in the interval they continued their wonted custom , although they had no learning to leave monuments thereof unto the world , and hereof the examples are not rare , in those remembrances that those ancient times have left us . for within six years after austins arrival , aethelbert calls a common-council tam cleri quam populi . ina after him made laws suasu & instituto episcoporum , omnium senatorum , & natu majorum sapientum populi ; in magna servorum dei frequentia . alfred after him reformed the former laws consulto sapientum . after him aethelstan called a council , in which was the archbishop , and with him the optimates & sapientes frequentissimi , besides others , whereof i shall treat now that i come to the matters handled in this court. the matters in agitation in the wittagenmote generally , were all both of publick and private concernment . that which concerned the publick , were such as regarded removal of inconveniencies , such as are laws for leagues and affinity with other nations for preventing of war. and thus became the saxons and britons united , and the mortal feud between those two nations laid aside , and they made one : and the saxons and danes reconciled , by a covenant agreed unto , and sworn between both nations . the like also may be said of their making of war of defence against forrain invasion . matters of publick and general charge also were debated and concluded in that assembly , as the payment of tithes , it is said they were granted rege , baronibus , & populo . such also as concerned the church ; for so edwin the king of northumberland , upon his marriage with a christian lady , being importuned to renounce his paganism , answered , he would so do , if that his queens religion should be accounted more holy and honourable to god by the wise men , and princes of his kingdom . and all the church-laws in the saxons time were made in the micklemote . monasteries were by their general consent dedicated , and their possessions confirmed . the city of canterbury made the metropolitan . matters also of private regard were there proceeded upon , as not onely general grievances , but perverting of justice in case of private persons : as in that council called synodale concilium under beornulfus the mercian king , quaesitum est quomodo quis cum justitia sit tractat●● , seu quis injuste sit spoliatus . the name of which council called synodal , mindeth me to intimate that which i have often endeavoured to find out , but yet cannot , viz. that there was any difference between the general synods and the wittagenmote , unless merely in the first occasion of the summons . and if there be any credit to be allowed to that book called , the mirrour of justices , it tells us , that this grand assembly is to confer of the government of gods people , how they may be kept from sin , live in quiet , and have right done them , according to the customs and laws ; and more especially of wrong done by the king , queen , or their children ; for that the king may not by himself or justices determine causes wherein himself is actor . and to sum up all , it seemeth a court made to rise and stoop according to occasion . the manner of debate was concluded by vote , and the sum taken in the gross by noise ; like to the lacedemonians , who determined what was propounded clamore non calculis ; yet when the noise was doubtful , they took the votes severally . the meeting of the saxons at this assembly in the first times was certain , viz. at the new and full moon . but religion changing , other things changed these times to the feasts of easter , pentecost , and the nativity ; at which times they used to present themselves before the king at his court , for the honour of his person , and to consult and provide for the affairs of his kingdom ; and at such times kings used to make shew of themselves in their greatest pomp , crowned with their royal crown . this custom continued till the times of henry the second , who at worcester upon the day of the nativity offered his crown upon the altar , and so the ceremony ceased . this grand assembly thus constituted was , holden sacred ; and all the members , or that had occasion therein , were under the publick faith both in going and coming , unless the party were fur probatus . if a member were wronged , the delinquent payed double damages , and fine to the king , by a law made by ethelbert above a thousand years ago . this priviledge of safe pass being thus ancient and fundamental , and not by any law taken away , resteth still in force . but how far it belongeth to such as are no members , and have affairs nevertheless depending on that court , i am not able to determine ; yet it seemeth that priviledge outreacheth members : unless we should conceit so wide , that the state did suppose that a member might be a notorious and known thief . lastly , this assembly , though it were called the wittagenmote , or the meeting of wise men , yet all that would come might be present , and interpose their liking or disliking of the proposition , si displicuit sententia fremitu aspernatur , si placuit frameas concutiunt . and some hints i meet with , that this course continued here in england : for some presidents run , in magna servorum dei frequentia ; and that of ina , commune concilium seniorum , & populorum totius regni , in another council by him holden . the council of winton , an . is said to be in the presence of the great men , aliorumque fidelium infinita multitudine : and it will appear that it continued thus after the norman times . what power the vulgar had to controul the vote of the wise men , i find not ; fremitu aspernabantur , it is said , and probably it was a touch of the rudeness of those times ; for it was not from any positive law of the nation , but a fundamental law in nature , that wise men should make laws ; and that the supream judicature should rest in the wittagenmote , was never an honour bestowed upon it by the saxons , but an endowment from the light of reason ; which can never be taken away from them by that headless conceit provoco ad populum , but that body must be as monstrous as the anthropophagi , whose heads are too nigh their belly to be wise . chap. xxi . of the council of lords . this in the first condition was a meeting onely of the lords , for direction in emergent cases , concerning the government and good of the commonwealth , and for the promoting of administration of justice ; these the historian calls minora , because they were to serve onely the present passions of state. afterwards , when they had gotten a king into their number , they had so much the more work as might concern due correspondency between him and the people , and of themselves towards both . this work was not small , especially in those times of the growth of kings , but much greater by the access of prelates into their number ; with whom came also a glut of church-affairs , that continually increased according as the prelates ambition swelled ; so as this council might seem to rule the church alone in those days , whenas few motions that any way concerned church-men , but were resolved into the prelatical cognizance , as the minora ecclesiae . and thus under the colour of the minora ecclesiae , and the minora reipublicae , this mixt council of lords came by degrees to intermeddle too far in the magnalia regni . for by this means the worshipping of images and the mass was obtruded upon the saxons by the roman bishop and his legate , and the archbishop of canterbury ; and decreed , that no temporal or lay-person shall possess any ecclesiastical possessions . that elections of ecclesiastical persons and officers shall be by bishops . that the possessions of church men shall be free from all lay-service and taxes . and in one sum , they did any thing that bound not the whole body of the freemen . in which had these lords reflected more upon the office , and less upon the person , and not at all upon their private interest , they doubtless had been a blessing to their generations , and a golden scepter in the hand of a righteous king : but contrarily missing their way , they became a sword in the kings hand against the subjects , a snare to the kingdom ; and , had not the wittagenmote in their meeting allayed those distempers , the saxon-government had been little other than a commonwealth reversed . chap. xxii . of the manner of the saxons government in time of war. as the condition of states or kingdoms are diversly considered in war and peace , so also must their government be : for however war in it self be but a feaverish distemper in a commonwealth , yet in some cases it is as necessary , as a kindly ague in due season is for the preservation of the body ; which many times takes distemper rather from the excellency of its constitution , than from the abundance of humours . nor did the temper of the saxon commonwealth ever shine more than in war , while it set a law upon that which ordinarily is master of all mis-rule and confusion , and so fought by rule rather than by passion . their chief in the first times was chosen by the freemen in the field , either at the wittagenmote or the folkmote , according to the extent of his command ; being carried upon a shield born upon their shoulders , like as now knights of the shire are . this emblem they entertained him with , to declare their trust in him , and the work that was expected from him . his first title was heretock , afterwards he was called duke or dux ; the latter whereof turned to a bare title in the conclusion , but the former maintained its own honour so long as the name lasted . after his election , all sware to be at his order , and not to forsake him . this was a trick of imbased times : for though the lacedemonian law was positive , that none should flie or break his rank , but get the victory or die ; yet were they neither bound by oath or penalty , shame in those times being accounted worse than death by those brave minds . but times growing more old , grew also more base-spirited , and men could not be ( drawn into the field ) holden in rank by oaths or honour ; and this occasioned that law of ina the saxon king , that in such case a country-gentleman should be fined one hundred and twenty shillings if he were landed ; but if otherwise , sixty shillings , and the yeoman thirty shillings ; and afterwards the penalty was increased to the forfeiture of all the estate of the delinquent . in their wars they went forth by bodies collectively , as they were united by the law of pledges ; this made them stick close together for the honour of their families and friends , and rendered their encounters mortal , and to the worsted party commonly fatal : for once beaten in the field , they could hardly recover either by rallying or gathering a new army . probable it is that the lords might have their villains to follow them in the battle , but the strength consisted of the freemen ; and though many were bound by tenure to follow their lords to the wars , and many were voluntiers , yet it seems all were bound upon call under peril of fine , and were bound to keep arms for the preservation of the kingdom , their lords , and their own persons ; and these they might neither pawn nor sell , but leave them to descend to their heirs , and in default of them , to their lord , and in default of him , to their chief pledge , and for want of such to the king. they mustered their arms once every year both in towns and hundreds , viz. the morrow after candlemas ; and such whose bodies were unfit for service , were to find sufficient men for service in their stead . they were strict in their discipline , if they followed their rule , which was made not by the arbitry of the general , but by parliament . these , amongst other scattered principles concerning sea-affairs , may serve to let us know that the law-martial , and that of the sea , were branches of the positive laws of the kingdom , setled by the general vote in the wittagenmote , and not left to the will of a lawless general or commander ; so tender and uniform were those times both in their laws and liberties . chap. xxiii . of the government of the saxon kingdom in times of peace ; and first of the division of the kingdom into shires , and their officers . if the saxon government was regular in time of war , how much rather in time of peace ! all great works are done by parcels and degrees ; and it was the saxons ancient way in germany , to divide their territory into several circuits or circles , and to assign to each their several magistrates , all of them ruled by one law ; like one soul working in several members to one common good . thus they did here in england , having found the land already divided into several parts called comitatus , or counties , from the word comes , that signifies a companion ; and the counties thence called , are nothing but societies or associations in publick charge and service . but the saxon word is shire or share , that is , a portion or precinct of ground belonging to this or that person , or great town , and bearing the name of that person or town ; and sometimes of the scituation of the people , as north or south folk , east or south sex or saxons . this division by the names seems to be of saxon original ; and though by the testimony of ingulfus and other writers , it might seem to be done by alfred ; yet it will appear to be more ancient , if the reader mind the grant of peter-pence made by king offa , wherein is recorded the several diocesses and shires out of which that grant was made , under the very same names that they own at this day ; and that was more ancient than alfreds time by the space of eighty years . each of these shires or counties had their two chief governours for distributive justice ; of these the sheriff was more ancient and worthy officer , being the lieutenant , and aided by the power of the county in certain cases ; for his commission extended not to leavy war , but to maintain justice in that county , and within the same ; and in this work , he was partly ministerial , and partly judicial : in the one he was the kings servant to execute his writs ; in the other he regulated the courts of justice under his survey . he was chosen in the county-court called the folkmote , by the votes of the freeholders ; and as the king himself , and the heretock , were intituled to their honour by the peoples favour . the coroner , though in original later , was nevertheless very ancient : he was the more servant or officer to the king , of the two . his work was to enquire upon view of manslaughter , and by indictment of all felonies as done contra coronam , which formerly were only contra pacem , and triable only by appeal . and also he was to enquire of all escheats and forfeitures , and them to seize . he was also to receive appeals of felonies , and to keep the rolls of the crown-pleas within the county . it 's evident he was an officer in alfreds time ; for that king put a judge to death , for sentencing one to suffer death upon the coroners record , without allowing the delinquent liberty of traverse . this officer also was made by election of the freeholders in their county-court , as the sheriff was , and from amongst the men of chiefest rank in the county , and sworn in their presence ; but the kings writ led the work . chap. xxiv . of the county-court , and the sheriffs torne . the government of the county in times of peace , consisted much in the administration of justice , which was done in the publick meetings of the freeholders ; and their meetings were either in one place , or in several parts of the county : in each of which the sheriff had the managing of the acts done there . the meeting of the free-men in one place was called the folkmote by the saxons ( saving the judgment of the honourable reporter , coke instit. . p. . ) and of latter times the county-court : the work wherein , was partly for consultation and direction concerning the ordering of the county , for the safety and peace thereof ; such as were redress of grievances , election of officers , prevention of dangers , &c. and partly it was judicial , in hearing and determining the common pleas of the county , the church-affairs , and some trespasses done therein ; but not matters criminal , for the bishop was judge therein , together with the sheriff ; and by the canon he was not to intermeddle in matters of blood : yet neither was the bishops nor sheriffs work in that court , other than directory or declaratory ; for the free-men were judges of the act , and the other did but edocere jura populo ; yet in special cases upon petition , a commission issued forth from the king to certain judges of oier , to joyn with the others in the hearing and determining of such particular cases . but in case of injustice or errour , the party grieved had liberty of appeal to the kings justice . nor did the common pleas originally commence in the county-court , unless the parties dwelt in several liberties or hundreds in the same county ; and in case any mistake were in the commencing of suits in that court , which ought not to be , upon complaint , the kings writ reduced it to its proper place ; and in this also the kings own court had no preheminence . in those ancient times this county-court was to be holden but twice a year , by the constitution of king edgar , but upon urgent emergencies oftner ; and that either by the kings special writ , or if the emergent occasions were sudden and important , by extraordinary summons of ringing the moot-bels . unto this court all the free-men of the county assembled to learn the law , to administer justice , to provide remedy for publick inconvenience , and to do their fealty to the king before the bishop and sheriff upon oath ; and in the work of administring justice , causes concerning the church must have the precedency ; so as yet the canon-law had not gotten footing in england . the other court wherein the sheriff had the direction , was in the meeting of the free-men in several parts of the county ; and this was anciently , and now is called the sheriffs torne ; which simply considered , is but a hundred-court , or the sheriffs torne to keep the hundred-court . it was ordered to be kept twice every year , viz. at the lady-day and michaelmas , or soon after . unto this court all the free-holders of the hundred repaired , and there they , the bishop and sheriff , executed the same power and work for kind , that they did in the county-court . in this court all the suits in the hundred-court depending , had their determination , and others had their commencement and proceedings , as well the pleas of the crown as others . some have conceived it to be a county-court , or superiour thereto ; but there being no ground thereof , i conceive it to be no other than a visitation of the county by parcels or in circuit . chap. xxv . of the division of the county into hundreds , and the officers and court thereto belonging . counties were too great to meet upon every occasion ; and every occasion too mean to put the whole county to that charge and trouble : and this induced sub-divisions ; the first whereof is that of the hundred , now , and also anciently so called ; but as ancient ( if not more ) is the name pagus ; for the historian tells us , that the germans , in the executing of their laws , a hundred of the free-men joyned with the chief lord per pagos vicosque , which first were called centenarii , or hundreders , from their number ; but used for a title of honour , like the triarii . and as a second hereunto , i shall add that testimony of the council at berkhamsted , which speaking the reduction of suits from the kings court ad pagi vel loci praepositum ; in other places it is rendred , to the governours of the hundred or burrough . and at this day in germany , their country is divided into circuits , called centen or canton , and centengriecht ; and the hundreders they call centgraven , or hundred-chiefes , whether for government in time of peace , or for command in time of war ; the latter whereof , the word wapentake doth not a little favour . amongst these , one was ( per eminentiam ) called the centgrave or lord of the hundred , and thereunto elected by the free men of that hundred , and unto whom they granted a stipend in the nature of a rent , called hundredsettena , together with the government of the same . the division of the county in this manner , was done by the free-men of the county , who are the sole judges thereof , if polydores testimony may be admitted ; and it may seem most likely that they ruled their division at the first , according to the multitude of the inhabitants ; which did occasion the great inequality of the hundreds at this day . the government of the hundred rested at the first upon the lord and the hundredars ; but afterwards by alfred they were found inconvenient , because of the multitude , and reduced to the lord or his bailiff , and twelve of the hundred ; and these twelve were to be sworn , neither to condemn the innocent , nor acquit the nocent . this was the hundred court , which by the law was to be holden once every month ; and it was a mixt court of common-pleas and crown-pleas : for the saxon laws order , that in it there should be done justice to thieves ; and the trial in divers cases in that court is by ordeale . their common-pleas were cases of a middle nature , as well concerning ecclesiastical persons and things , as secular ; for the greater matters were by commission , or the kings writ removed , as i formerly observed ; all free-holders were bound to present themselves hereat . and no sooner did the defendant appear , but he answered the matter charged against him , and judgment passed before the court adjourned ; except in cases where immediate proof was not to be had , albeit it was holden unreasonable in those days to hold so hasty process : and therefore the archbishop of york prefers the ecclesiastical or canonical way before this . lastly , in their meeting , as well at the hundred as county-court , they retained their ancient way of coming armed . chap. xxvi . of the division of the hundreds into decennaries . this was the last subdivision of the county , and that rested upon the persons ; and it was either not at all , or not so observable , as to be worthy of the roman story , and therefore may rather be thought an extract from moses law , introduced by alfred or his direction . i say , this rested on the persons , and not upon the place ; for though the centeners were comprehended within certain bounds , yet the decenners were not limited but only within the limits of the hundred . and of these also , it appeareth to me there were divers sorts ; for such matters of controversie that did arise amongst the decenners , if of greater moment , were referred to the chiefer justices , which were appointed super decem decanes , which i conceive were ten chief pledges ; and these might bear the names of the centeners , although they be not the centgraven : and the rather i incline thereto , because in all probability there must needs be above one hundred free-holders in hundredo ; and all free-men were decenners , that is , ranked into several tens ; each one being pledge for others good abearing , and in case of default , to answer it before the judge , and in case of default of appearance , his nine pledges should have one and thirty days to bring the delinquent forth to justice . if this failed , then the chief of those decenners by the votes of that and the neighbour decenners , was to purge himself and his fellow-pledges , both of the guilt of the fact , and of being parties to the flight of the delinquent . and if they could not this do , then were they by their own oaths to acquit themselves , and to bind themselves to bring the delinquent to justice as soon as they could ; and in the mean time , to pay the damage out of the estate of the delinquent ; and if that were not sufficient , then out of their own estate ; but if the delinquents estate was sufficient , the surplussage thereof remained with the pledges . and lastly , the master of the family was a pledge for his whole family . this was the law of decenners , and may seem to be somewhat a rigorous law , not only in case of delinquency , but also for their abode ; for none of them might depart from their dwelling without consent of his fellow-pledges , nor out of the county without allowance of the sheriff , or other governour of the same . and if any controversie arose between the pledges , the chief pledge by them chosen , called also the dean or headburrough , may determine the same ; but this held only in matters of lighter consequence . chap. xxvii . of francheses : and first of the church-francheses . we have hitherto trod in the road-way of the government of the common-wealth ; but private regards have made by-paths , which we must trace , or else the footsteps in many particulars will remain unknown . these are called exemptions , but more ordinarily francheses , from which scarce any part of the kingdom remained free ; and are to be considered , either in regard of the place or person . in the latter i intend that of the church-men , whose persons and estates , in many particulars , were exempted from the civil power of this kingdom . their persons devoted to a peculiar work , they would have to be under a peculiar law , called the canon-law , which at the first extended only to their own persons , and that only pro reformatione morum : for so an archbishop tells us , that it did teach quomodo canonici , id est , regulares clerici vivere debent ; but when it grew to its full charge , it gave a louder report , quicunque aliquid tenuerit , vel in fundo ecclesiae mansionem habuerit , extra curiam ecclesiasticam non placitabit quamvis foris fecerit . and thus as church-ground increased by the blind charity of those times , so long church-men multiplied , and the canon inlarged from the persons of regulars to all clergy-men , and from them to their tenants and neighbours ; from thence to certain spiritual or ecclesiastical crimes or scandals , wherever they were found ; and wherever it touched , it took and bound by excommunication , and upon significavit , being first delivered to satan , they delivered him over to the sentence of the law , to be imprisoned . if the offender be out of reach by the space of thirty and one days , he is outlawed ; so as there is no way left to escape the church-fury . chap. xxviii . of the second franchises , called the marches . franchises of the place , were such as were limited within precincts of place , and annexed thereto ; and of this sort first were those of the borders , of which those are the most ancient that bordered the britons , now called the marches of wales , in which was a peculiar government , so far as concerned administration of justice ; for otherwise the subjects each of them submitted themselves to the service of their own prince . this was therefore a third , different , and mixt government , agreed upon joyntly between the britons and saxons , who after a long and burdensome war , ( wherein both peoples were well wearied ) by degrees became friends , entered traffick , and into the strictest societies by marriage . thus finding the sweetness of peace , they provide against future occasions of strife that might arise in commerce by the justling of two laws together ; and agree in one law , and upon a certain number of judges elected by common consent , who were to see to the execution of these laws as joynt assessors . from these , as i conceive , arose those which are now called the lords marchers , and were at the first twelve in number , viz. six saxons , and six britons . it seemeth this form of government was first instituted by aetheldred , and by way of prescription or custom , continueth till this day : and as it was the birth of truce , so for the future became both mother and nurse of peace between those two peoples , like the twi-light between the day and night , until both were brought under one head , and by divine providence setled in a lasting day . chap. xxix . of county-palatines . of the same sort of franchises were these which are called county-palatines , which were certain parcels of the kingdom assigned to some particular person , and their successors , with royal power therein to execute all laws established , in nature of province holden of the imperial crown : and therefore the kings writ passed not within the precinct , no more than in the marches . these were occasioned from the courage of the inhabitants that stoutly defended their liberties against the usurping power of those greater kings that endeavoured to have the dominion over the whole heptarchy , and not being easily overcome , were admitted into composition of tributaries ; and therefore are found very ancient : for alfred put one of his judges to death for passing sentence upon a malefactor , for an offence done in a place where the kings writ passed not ; and the same author reciting another example of his justice against another of his justices , for putting one to death without president , rendreth the kings reason , for that the king and his commissioners ought to determine such cases , excepting those lords in whose precinct the kings writ passeth not . chap. xxx . of francheses of the person . francheses of the person are such liberties annexed unto the person , as are not absolute lordships , but only tending thereto , and limited within a precinct , but not annexed thereto : and these are matters of profit rather than power ; as those of bury st. edmonds , doncaster , dorchester , circester ; all which were in the saxon times : and these or some of them had juridical power in cases of felonies and robberies arising within that precinct , so as the delinquent was both inhabitant and taken within the same ; this was called infangtheoff : and if upon fresh pursuit made by the right owner or possessor , the delinquent was taken with the prey in his possession , or as the old dialect is , handhaben backhearend ; then was he carried immediately before the coroner of that liberty , and the sakeber , or party wronged , made his proof by witnesses ; and thereupon judgement forthwith passed without answer , and execution immediately ensued . some liberties had outfangtheoff , that is , the trial and forfeiture of such delinquents , being no inhabitants , and yet taken within the liberty ; or inhabitants , and not taken within the liberties : but this trial was always by jury . the antiquity of these liberties are not obscurely manifested in their names , and more clearly by the saxon laws and acts ; for it 's observed of alfred , that he seized a franches of infangtheoff , because the lord of that franches would not send a felon ( taken within his liberty for a felony committed without the same ) to the goale of the county , as he ought to have done . other liberties there were granted also by charter ; a tast whereof may be seen in one grant made by king edgar , to the monastery of glastenbury , wherein was granted sack , hamsockne , friderbrece , forstel , teme , flemone , ferdre , hundred setene , sock , tholl , adae , horda , bufan orderan , bene orderan ; the particular natures of each may be observed in the glossaries ; all of them being allowed to the crown by the law , and by the advice of the council of lords granted over to these grantees in nature of deputies to the king , to possess both the power and profit thereto belonging . chap. xxxi . of manors . nevertheless , most of these liberties , if not all of them , were many times granted by kings as appendant to manors ; which were francheses of smaller circuit , being at the first portions of ground granted to some particular persons , and by them subdivided and granted over to particular persons to hold of the grantors by rents , services , and suit to one court ; all being no other than the spoils of war , and rewards of valour , or other service . these in their collective nature are called a manor , and by continuance of time become a kind of body politick . in antiquity it is called mansum , from the mansion-house , although it is not of the essence of a manor , nor ought the words of bracton to be construed according to the literal sense ; for the house may be destroyed , and yet the manor continue ; and the ground was granted in tenure before any house built thereupon . the quantity of the ground thus given to hold by service , was according to the pleasure of the lord more or less , and therefore might extend into divers parishes ; as on the other part , one town might comprehend divers manors . the estate that was granted , depended partly on the condition of the grantee : for some were servi or bond-men , and their estate was altogether at the will of the lord , as was also the benefit ; but the servants merit , and the lords benignity concurring with some conscience of religion , as the light grew more clear , abated the rigour of the tenure into that which we now call copy-hold . other estates were made to the free men , which in the first times were only for years ; albeit therein they were not niggardly , for they sticked not at leases for a hundred years , yet with a render of rent , which in those days was of corn or other victual ; and thence the leases so made were called feormes or farmes , which word signifieth victuals . but times ensuing , turned the victual into money , and terms of years to terms of lite and inheritance , retaining the rents , and those called quit-rents , or the rents of those persons that are acquitted or free . but in case of estates of inheritance for the most part after the death of the tenants were reserved heriots or a relief : which were not left to the will of the lord , but was put in certainty , in the very letter of the law : for according to each mans degree , such was his relief or heriot . but over and above all , they reserved special service to be done by the person of the tenant , or some other by his procurement , of which those that were their servi or villains were at the will of the lord : others had their particular service set down in their grants . these concerned either war or peace ; the former was afterwards called the service of the knight or souldier ; the latter the service of the husbandman or plough . that of the souldier was the more honourable , and suitable to the old german trade ; pigrum & iners videtur sudore acquirere quod possis sanguine parare : and the work was to defend the kingdom , the lords person and honour ; and to this end he was ever to have his weapons in readiness , which gave name to the service , and altered as times and customs changed . this service by custom , from a work degenerated into the bare title , and became a dignity : and the men named , or rather intituled milites ; and many of the saxon charters were attested by men bearing that title ; yet the service itself was far more ancient , and called servicium loricae ; of which sort also were the custodes pagani that wore a helmet , a coat of mail , and a guilt sword : not unlike the old german way of calling forth of their tirones to the war. of this rank some were more eminent than others ; for some bare the single title of knight , and , it seemed , served on foot : others served on horseback , and were called rad knights , or knights-riders , as bracton noteth ; and these i take to be the vavasours , noted in the conquerours laws : for that their relief is a helmet , a coat of mail , a shield , a sphear , and a horse . now for the maintaining of this service , they had lands and tenements called knights-fees , which bound the owner to that service , into whose hands soever they came , to be done either by the person of the owner , or other fit person by him procured , and therefore were discharged from the payment of all taxes and tollage , which was the law of the goths of old , and remains in sweden at this day . the number of these fees much increased , so as in the conquerours time they were above sixty thousand , which was a mighty body for a small island , and brought much honour to the nation . but the profit arose from beneath , i mean from the soccage tenure or service of the plough , which in the first times was performed by those that were unfit for the service of the wars , either being green and young , or decrepit and aged ; and sometimes by the women . but after that the saxon conquest was at a stop , and that no more was to be gotten by blood , men endeavoured to satisfie their desires by sweat , and turned their swords into plough-shares ; and thus the husbandry increased exceedingly , and hath proved the best pillar of the common-weal ; the nature of this tenure is fully set out by the reporter ; nor can i add thereto more than the law of the confessor concerning these men , viz. that no man might trouble them , but for their rent , nor any lord thrust them out of their farm , so long as they do their service . and thus it appeareth , that the service became in nature of a condition subsequent , begetting an increaser of the estate , which by continuance wrought an inheritance , and so the title of entry was turned wholly into distresses for service not performed ; yet the lord was no looser thereby , so long as heriots , rents , and services accrewed unto him . chap. xxxii . of courts incident and united unto manors . by grants made by lords unto tenants already noted , the lords had power by common right to call their tenants before them , and enquire concerning their payment of rents , and performance of service , which became courts of constant appointment : of which sort there-were two , one for the free-men , the other for the bond-men ; and this brought forth another service , which we call suit of court. the court of free-men was holden from three weeks to three weeks , wherein the free-men , as in the hundred and county were judges of the fact , and from them named , as at this day , court-leet , or the court of the liti , of such as are manumitted or free-men . in this court all actions or suits between the free-men of the same manor , and within the same arising , were determined ; nor could any court ( no not the kings ) intermeddle with such suits before trial had ; but by the lords allowance . and upon this priviledge , the writ of right patent was grounded . but the full nature of this court is not within my intention , but i must refer the reader to the law-books . for it was the least part of the work and power which this court obtained by continuance of time ; in regard that manors exceedingly multiplied , so as no part of the land was left free ; and many one of them extended into divers decennaries , the lords obtained great power over them , and had of kings , grants of view of frank-pledge within their several lordships ; and further power of inquiry , and punishing of matters of publick nusance , and such as were contra pacem & coronam ; which by custom became annexed unto the court-leet . the nusances of copy-holds being done to disherison of the lord , and not proper for the court of publick inquiry . the judge of this court-leet was the lord , or his steward , for the directory part ; and the steward was properly coroner within the mannor to take presentments , and certifie them to the coroner of the county . and thus this court swallowed up much of the power of the decenners court in the very infancie , so as we find no foot-steps of any writ of right to the decenners , or chief-pledges ; but contrariwise many views of frank-pledge granted to particular persons in the time of alfred : and many things done by the chief pledges in the courts of these mannors , as is to be yet seen in many ancient court-rolls . the other court , which by common right belonged to the lords of mannors , was that of the copy-holders , called or rather included under the name of the court-baron ; which albeit it is called in the ordinary stile curia baronum , yet not so properly , as i conceive ; and it may be by way of mistake for baronis : for if it were so properly united formerly to the court of free-men , as ( ab excellentiori ) it always passed under that name , yet when that court is omitted , and slipt out of the way , the court of copy holders that remaineth , improperly retaineth the name of that which is gone . this court at the first was intended onely for the lords benefit , and for the tenants right , as subservient thereunto . i say , the tenants right , not against their lord ; for they had no right against him : but against any other they had protection of law , both for themselves and their estates . and , as i said before , by custom , or rather light of religion , their persons and estates were considerable , even by the lords themselves . which also caused a law to be made , ut sic de suis hominibus agant , quatenus erga deum reatum non incurrant , & regem non offendant . which law could never be intended of the free-holders ; for it had been a vain redundancy to have made an especial law for that , which was provided for by the known fundamental law of the kingdom , against which a speedy remedy lay by the kings writ . and these men , how mean soever , had even in those days a kind of property both in lands and goods : for the laws , though by their antick language darkned , yet plainly speak de terra sua & catallis ejus . and if the ancient germans were so generous to their bond-men , surely much rather , after their coming into this island ; inasmuch as their service was more and more necessary in agriculture , which could never be performed by the natives , who were not in their own persons conquered , although their land was . chap. xxxiii . of townships and their markets . the next franchese is that of towns : this was taken up as a birth of war and nurse of peace ; for their ancestors liked not to dwell in crowds , ne pati quidem inter se junctas sedes : it being their trade or pastime to war upon beasts , when they found no enemies amongst them . this solitudinary custom could not be soon shaken off , and might well occasion multitudes of towns in those times ( though small ones doubtless ) that writers speak of ; if true it be , that after the wasting times of the danes and normans , in the conquerours time , were found in england , forty five thousand parishes , and sixty two thousand villages . nor was peace less beneficial to them , than they careful of it ; for by continuance of peace , husbandry , manifactures , and commerce , occasioned people to gather to places commodious for habitation , in good soil , nigh navigable rivers or havens ; and according to their scituation and trade , so they swelled in multitude or decayed . some of whom growing more eminent than others , more care was had of their government and safety ; for the latter by building of walls and castles , and for the former by setling a magistracy peculiar to that place or township ; not as so many decenners , but as one body consisting of many members . and thus by custom they grew to be fraternities , or corporations under one magistrate or head , whom they called alderman ; and held a court of justice ( at the first holden twice a year ) which was in nature of a leet with a view of frank-pledge , as may appear in the cases of dorchester , circester , and doncaster , in alfred's time : and herewith they had publick markets , which served them for their better conveniencies . this priviledge of market was a liberty of publick sale and trade in commodities that principally concern the belly ; but by common course became a pass for commodities of every kind almost . concerning this liberty , i shall desire leave to interpose this parenthesis ensuing , before i proceed in the intended discourse . in the first times , as every man by common right had property in his own goods , so by the same right he had power to alien to any person , at any time , in any place , by gift , sale , exchange , or other ways ; and that by such alienation , but especially by sale , a right was vested in the buyer against all men , saving the eigne-right , which was recompenced upon warranty , and recovery in value . and in those days common sense taught men to buy or sell , of or to the next neighbour that would bargain with them : and for want of such occasion , to repair to the next assembly , meeting , or concourse of people , for the sale of such commodities as their neighbourhood would not take off their hands . and thus the greater towns that had walls or castles , became the greatest markets , and others less ; and this made the neighbourhood of those towns to repair thither to buy , as others to sell. but time discovering a double inconveniency herein , viz. that by these less publick sales in smaller villages , where little or no care of right or justice was had ( and by which means the word pagan became a word of reproach ) many mens goods by clandestine contracts were lost , and no care had of their recovery ; and ( which was yet more prejudicial to the publick ) that the greater towns appointed for the strength and defence of the kingdom , became ill provided with supply of victuals , either for the present or future ; and what was had , for the most part was gotten at the second hand , and higher rate than the country-villages had . the wise men , by publick edict , laid a restraint of markets in smaller villages , and more private places ; and thus the greater towns having markets formerly , became more publick markets , not by any new right or priviledge from the crown ; for it neither had such power nor could have ( but upon usurpation ) against the common right of such towns and places of publick defence . this restraint , upon the reasons aforesaid , was made first in the saxon-times , as may appear by their laws , but more cleerly declared and confirmed afterwards by the laws of the normans , which never gave any new right of market-overt unto those places of publick defence , but onely did inhibit the same in the smaller villages and private places . in which respect , although the kings of this nation in future times took leave to abolish that restraint which did lie upon some of those more private places , for certain reasons of state ; and so these places became markets-overt , which formerly were none : yet could they never take away that priviledge which nature it self cast upon those greater towns ( being the very limbs of the kingdom ) without wrong done to the common right , and the publick good ; nor abridge them of that power , but that they might still use their liberty at times and places within their precinct , as might best conduce with the benefit of the inhabitants of those places , even as any particular free man may govern his own estate as him liketh best . and thus upon the whole matter it is to be concluded , that the ancient burroughs of this kingdom properly do not hold their liberty of market-overt by prescription or charter , but by common right ; and not as a corporation made by charter , but as they are a multitude of people anciently gathered together and united , upon whom the strength and wealth of the kingdom doth or did formerly much more depend , than on any of the smaller villages and open towns ; even as every free man possesseth and useth his proper inheritance and estate without particular priviledge derived from the crown : nor can the king take away the liberty of market-overt from such places , more than he can take away the liberty of buying and selling from any free man , to whom the law alloweth a liberty of ownership . this i submit to the censure of the learned in the laws , in regard of the different opinions concerning the same . this liberty of township thus made , and the place and people inhabitants thereof being of such consequence in the publick administration , had for their better support and safety liberty of fortification , and power to charge one another with the maintenance of the fortifications by an imposition called burghbote ; and held their tenements under a rent to their lord or king called burgage , as they were a body aggregate . chap. xxxiv . of the forests . besides other prerogatives of the saxon kings , they had also a franchise for wild beasts for the chase , which we commonly call forest , being a precinct of ground neither parcel of the county , nor the diocess , nor of the kingdom , but rather appendant thereunto . this savoured of the old german sport , but by custom turned from sport to earnest : for although in the first times the saxons were so few , and the country so spacious , that they might allow the beasts their farm as well as themselves their own ; people nevertheless so multiplied , as of necessity they must intercommon either with beasts or fishes : the former whereof , however more cleanly , yet the latter had the surest footing , and was chosen as the least of two evils , rather than for any likelihood of good neighbourhood . for as nature taught beasts to prey for themselves , so men to defend their own ; and this bred such a fewd between beasts and men , as that kings doubting to lose their game , took in with the weaker , that the world might see the happiness of england , where beasts enjoy their liberty as well as men . but this was , as it were , by compromise ; for it had been very hard to have pleased the free men , who had liberty of game within their own ground by common right , and to preserve the kings liberty of forest co-incident therewith , had not the king employed on the one side the power of a dane that looked somewhat like a conquerour ; and on the other side , that which looked as like to the bounty of a king , in allowing liberty of ownership to men inhabiting within the bounds of the forest , which at the first was set apart onely for the kings pleasure : and all his wits to make a law somewhat short of a full freedom , and yet outreaching that of bondage , which we since have commended to posterity under the forest-charter . and yet for all that , it proved a hard matter for kings to hunt by law ; and the law it self is a yoke somewhat too heavy for a commonwealth to bear in old age , if self-denying majesty shall please to take it away . chap. xxxv . concerning judges in courts of justice . thus far of the several tribes and numbers of this commonwealth , which like so many conduit-heads , derived the influence of government through the whole body of this island ; and in every of which , judiciary power acted it self in all causes arising within the verge of that precinct ; some of which had more extraordinary trial before the king and his council of lords , according as the parties concerned were of greater degree , or the cause of more publick concernment . examples hereof are the cases between the bishop of winchester and leoftin in aetheldred's time , and between the two bishops of winchester and durham in edward's time : but custom made this court stoop to smaller game in latter times , and to reach at the practice of the county-court , by sending the kings writs to remove certain causes from the cognizance of those rural judicatories to their sublime determination . and thus became the council of lords as an oracle to the whole nation ; and the king amongst the rest , as the priest that many times rendred the answer or sentence of that oracle in his own sense , and had it confirmed to him by an oath se judicium rectum in regno facturum , & justitiam per concilium procerum regni sui tenturum ; so as , though he was the first in view , yet the council of lords was the first in nature , and the cynosure to direct his tongue and actions . from this fountain issued also streams of judicature into all parts by judges itinerant under the kings commission , to reform errors , punish defaults in the ordinary rural judicatories , and to dissolve hard and knotty cases ; and these were occasioned at the instance of the party : and alfred ( whose birth this was ) sent them forth in way of association with the sheriff , lord of the fee , or other ordinary magistrate . chap. xxxvi . of the proceedings in judicature by indictment , appeal , presentment , and action . for the proceedings in course , the saxons were wont to begin with matters belonging to the church , and afterward to secular causes ; in which if the matters were criminal , the most ancient way of proceeding was by appeal of the party complaining . but afterward in cases that concerned damage , injury , or violence done to the body of a man or his estate , the king was found to be therein prejudiced , besides the prejudice immediately done to the subject : for a man disabled in body or estate , is disabled to serve the king and the publick ; and upon this ground a way was found out to punish the offender by indictment , besides the satisfaction done to the party wronged . the proceedings against such delinquents were by attachment of the party , who thereupon , gave pledges for his appearance . if the party could not be found , a fugam fecit was returned , and that was a conviction in law ; and pursuit was made after the party by huy and cry. if he was thereby taken , the ancient way was that of hallifax-law ; but in latter times he was imprisoned , or admitted to bail if the offences were bailable : and if the party bailed made default , or did not abide the trial , his bail suffered as principal . if no bail could be procured , the delinquent was imprisoned till he was legally acquitted ; but this imprisonment was only in nature of restraint . if the delinquent was found upon the huy and cry , and would not yield himself , he was in repute a common enemy , and ( as a wolf ) any man might kill him ; as the law was also the same in case of vtlary . at the time of tryal ( if at the kings suit ) the delinquent was indicted in this manner by any party present . i d. c. do say for the king , that i. s. is defamed by good men ; that he upon — day of — &c. into the house and goods of — did cast fire , and the same did burn : or , ( if it were for bloodshed ) with a sword did strike and wound him in the left arm , and that this was done feloniously , or , ( if the case required ) traiterously : and if i. s. deny the same , i will for the king prove the matter against him , as the king ought to do , that is to say , by witnesses , and twelve men . but if the complaint was at the suit of the party , then the prosecutor sued him upon appeal , in manner following : i. c. appealeth d. h. here present , for that e. father , brother , son , or vncle ( according as the case was ) to i. c. being in the peace of god , and of our soveraign lord the king , at the dwelling house of e. at — &c. the said d. h. upon the — day of — in the — year of — with a sword made a wound of two inches long , and six inches deep , in the left pap of the body of the said e. whereof he died ; and this was done feloniously , and of malice forethought . and if the said d. h. shall deny the same , the said i. c. is ready to prove the same against him in his body , or as a monk , woman , or clerk , behoveth to prove the same ; that is , by champion ; for neither monk , woman , nor clerk was by law to justifie by battle in their own person . the several causes of appeal and indictment may be found in the law-books , to whom i refer the reader , it not being within the compass of this discourse to fall upon the particulars . i shall onely observe the difference between indictments former and latter , and between them and appeals , viz. that appeals are positive accusations in the name of the prosecutor of the fact done by the party appealed ; whereas indictments were onely a publication or affirmation of the same of a fact done by the party indicted , and wherein not guilty pleaded , served onely as in nature of a quere , to usher in the votes of the freemen concerning the fact . secondly , the difference between former indictments from these in these days , consists in this , that the ancient indictments were in the name of one man ; those of the later sort are in the name of the jury ; and the former were onely of a same , the later , of the fact . a third way of bringing controversies unto judgement , concerned onely such matters as were of less consequence ; and these were introduced by way of presentment , in the name or behalf of the king , in nature of a positive accusation of one for a crime , first laid down generally , and then asserted by a particular fact , in this manner : i say , for our soveraign lord the king , that h. here is perjured , and hath broken saith against the king ; because , whereas h. is or was chancellour of the king , and was sworn that he would not sell right , or any remedial writ to any one : yet upon the — day of — &c. he sold to b. a writ of attaint , and would not grant the same under half a mark. so as the difference between an indictment and presentment in those days was onely in the degree of the crime for which the party delinquent was accused , and in the manner of conclusion of the presentment , which was without averment . the last way of trials concerns such offences that exceed not the nature of trespass done to a mans person or his goods ; and this was by way of action , and it was to obtain recompence for damage sustained . now because the former were called personal trespasses , the process was by attachment of the person ; who thereupon put in bail , or else his person was secured by imprisonment till trial , and satisfaction made . but in the later that concerned the reality , three summons went forth in the hundred-court ; and if default were made , complaint thereof ensued in the county-court , and thence issued forth a distringas ; and if the defendant still persisted in declining his appearance , the distress was forfeited , and a summons issued upon the land. if then the defendant would not appear , or upon appearance would not give pledges to abide judgement , his whole land was seized for the benefit of the king , of the lord of the hundred , and of the complainant , because he had offended against all three . but if the party appeared in former times , he answered forthwith , and judgement passed without delay , as hath been said ; unless in urgent cases , where the matter was raw ; and then it was adjourned , and pledges given by the defendant to the full value , after the custom of the athenians ; and if the defendant made default at the day , his pledges were forfeited . but in after-times , for better and more advised proceeding , the defendant was admitted to his essoines ; yet with a proviso , that no essoine should be allowed for above fifteen days ; and this was the direction of king alfred . in the answer of the defendant , he either traversed the matter in fact , or confessed and justified , or confessed and submitted . the first put the matter to the judgement of the freemen ; the second to the judgement of the judge ; the third to the discretion of the complainant , whereby the defendant generally found mercy , and in case of trespass , rendred less damage . i find no footsteps in those times of dilatorypleas , or demurrer , or other delays , unless in case of infancy ; for the saxons knew no other age of ability to do or suffer , but the age above one and twenty years : and in alfred's time a judge suffered death for passing sentence of death upon one under that age . albeit the canonists had in those days brought into custom other ages of ability in matters concerning marriage ; although it may well be thought that it requireth no less maturity to manage the affairs of a married life , than to discern the nature and difference of manners , especially in case of crimes , which are contrary to the very light of nature . chap. xxxvii . of the several manners of extraordinary trial by torture , ordeale , compurgators , and battle . evidence of the matter in fact , upon trial of causes in the saxon judicatory , sometimes consisted in the pregnant testimony of the fact it self , and sometimes in the testimony of some circumstances . the first was an unquestionable ground of conviction ; the second was too weak to command the verdict , although sometimes it perswaded it ; and therefore those incompassionate times found out a trick of extorted confession , by torture of the party , following the principles of passion therein , rather than sober judgement ; for circumstances are sufficient to irritate the hearts of those that are passionate ; and where jealousie is once entred , there 's no place for sparing , be the matter never so untrue . yet i do not find any law amongst the saxons to patronize this fashion of conviction ; albeit it seemeth it was practised , for alfred the king punished one of his judges with death for passing sentence upon an extorted confession by torture before the corner . and possibly it might be gained from the lacedemonians , although little to the praise of their greekish wisdom in that particular : seeing that in all reason it must be supposed , that fear and grief will enforce flattery upon the tormentor , as well as self-love draw forth flattery to the benefactor . a second sort of evidence was that of ordeale , being also grounded upon a pre-conceit or suspicion : the manner hereof was divers . the thing seemeth to be the birth of the brain of some church-man , who had read of the cursed water . the first mention that i find thereof was at the council of mentz , and afterwards in the council of triers ; but not a footstep thereof in this kingdom till by aethelstan it was advanced into the degree of a law ; after which time it continued in use well nigh three hundred years . a strange monument of god's idulgency to an ignorant age thus turning extraordinary to ordinary , for the clearing of innocency ; and ( which is no less wonderful ) allowing in those times unto men under nature such a power over themselves , as to adventure against nature . doubtless that man or woman was of a daring spirit that first tried the trick , if he had not a miraculous faith in that promise , cum ambulaveris per ignem , &c. and it shewed metal in them that followed the example . but the next age grew dull , and men being weary of such bane-touches , the clergy that cried it up , their successours cried it down , and so devoured their own birth without any difficulty , other than a bare injunction of a king , that had power to command onely such as would obey . but where fame was yet more slight , and springing rather from want of charity and misapprehension , than promising circumstances , men were wont to be contented with a voier dire , or the oath of the party suspected , and the concurrent testimony of other men : the first attesting his own innocency , the other contesting their consciences of the truth of the former testimony ; and therefore were , and still are called compurgators . their number was more or less , and of greater or less value , according as the offence or the party suspected was of greater or less concernment . this manner of trial was of ancient use , and both it and that ordeale under the directory of the clergie ; yet this was the ancienter by three hundred years , and first brought into this nation by the council at berghamsted under bertwald archibishop of canterbury . and it was performed sometimes more solemnly by solemn receiving of the eucharist , especially if the person suspected was of the sacred function . one manner of trial yet remains , which was used both in trial of matters of crime and title ; and it is the trial by battle , which was in criminal matters with sharp weapons ; but in titulary matters with blunt weapons . no defendant could refuse battle offered , but such as were too excellent , as the king ; or too sacred , as the clergie ; or too weak , as women , maimed persons , and children ; or too inscient , as ideots and lunaticks ; or too mean , as villains . and as these were not necessitated to answer in battle , so was no freeman compelled to answer them by battle . this way was an old way , as may appear by the conclusion of appeals , and seemeth more satisfactory than that of ordeale ; because this rested upon the consciences both of appellant and defendant ; whereas ordeale rested onely upon the single conscience of the defendant , which oftentimes was rather hardy than innocent . and the continuance of this trial in title , even at this day , shews that men can away with this , and that there is not evil sufficient in it to eradicate this weed , although it be kept under ground ; and experience shews , that right and victory always do not concur . chap. xxxviii . of the ordinary manner of trial amongst the saxons by inquest . the last and most ordinary way of trial was by witnesses ( upon traverse of the matter in fact ) before the jurors , and their votes thereupon : this made the verdict , and it determined the matter in fact . in former time questionless it was a confused manner of trial , by votes of the whole multitude ; which made the verdict hard to be discerned : but time taught them better advice , to bring the voters to a certain number , according to the grecian way , who determined controversies by the suffrages of four and thirty , or the major part of them . but how the number came to be reduced to twelve , i cannot conjecture , unless in imitation of that rule of compurgators , that ordinarily exceeded not that number . the first law that defined this number , was that of aetheldred , about three hundred years before the conquest . in singulis centuriis , &c. in english thus : in every century or hundred let there be a court ; and let twelve ancient freemen , together with the lord of the hundred , be sworn that they will not condemn the innocent , nor acquit the guilty . and this was so strictly eyed , that alfred put one of his judges to death for passing sentence upon a verdict corruptly obtained , upon the votes of the jurors , whereof three of the twelve were in the negative . and the same king put another of his judges to death , for passing sentence of death upon an ignoramus returned by the jury . and a third , for condemning a man upon an inquest taken ex officio , whenas the delinquent had not put himself upon their trial . but the saxons were more careful of the credit and life of man , for no mans life or credit rested altogether upon the cast of twelve opinions : but first twelve men enquired of the fame and ground thereof ; which if liked , rendred the party under the spot of delinquency , and meet to be looked upon as under the suspition of the law , who formerly was but under the suspition of some particular man. and then was a second enquiry of the fact , if the party traversed the vote of fame . in both which trials the verdict grounded it self upon those allegata and probata which were before them . the first of these enquiries was before the coroner , who , even in these old days , had the view of bloodshed . the second was had before the judge of life and death : neither of which could legally indamage the party without the other , unless the judge meaned to answer it with the peril of his own person and estate ; as it befel in alfred's time , when a judge suffered death for passing sentence upon the coroners onely record ; unto which a replication is allowed , as the book saith . and another judge had the same measure for condemning one without appeal or indictment foregoing . where , by the way , i might note another difference between appeals and indictments in this ; that appeals were and are the more speedy trials than indictments , inasmuch as the former were but one act , the latter two . and yet time and experience refined this way of trial into a more excellent condition : for the bloody times of the saxons first age passing over , and peace arising by degrees , they , together with the britons , began to intercommon , and about the marches became a mixt people under a mixture of government and laws , as hath been already noted . amongst which one concerned their way of trial of matters in fact by a jury mixt both of britons and saxons , which was setled by a law made by aetheldred . viri sint , &c. in english thus : let there be twelve men of understanding in the law , six of them english , and six welch , and let them deal justice both to english and welch . the equity of this law in future ages spread it self into all trials of forreigners in every place throughout this island . unto such as stumble at this conceit , because they are said to be aetate superiores , and jure consulti , i shall onely note thus much ; that it is not to be doubted , but the work of jurors required chief men both for experience and knowledge in the customs of those times , to enable them to judge of the matter in fact ; and upon whose judgement the life and death of the party rested principally : and as probable it is , that those jurors , as they were then chief men , so they sate in the most eminent place of the assembly or court , and were co assessors with the bishop and sheriff , who did serve but onely to advise the rest ; and they , or one of them to publish the sentence which the law predetermined . and this chief place the jurors might have possessed at this day , as they do in sweden , had the chief men holden the service still worthy of their attendance . but great men grew too great in their own esteem for the service of their country , betaking themselves to serve themselves ; and matters of highest employment were left to those of the meaner condition ; who being in their own persons of less admiration , were thought unmeet to sit in such eminent places , and so from the bench descended to the floor , as at this day . this disidiousness of the greater sort made one step further to the full perfection of that manner of trial both of the persons and estates of the english , which hath been the envy of other nations , and is called the trial per pares , or by peers . for the pride of the danes ( now growing into one people with the saxons ) not enduring such fellowship with the mean saxon-freemen in this publick service ; and the wise saxon king espying the danger in betrusting the lives and estates of the poorest sort unto the dictate of these superbient humours ; and on the contrary in prostituting the nobler blood upon the vote of the inferiour rank of men , provided a third way , and by agreement between him and gunthurne the dane , setled the law of peers . si minister regius , &c. if a lord or a baron be accused of homicide , he shall be acquitted by twelve lords : but if of inferiour rank , he shall be acquitted by eleven of his equals and one lord. thus gods providence disposed of the pride of men , to be an instrument of its own restraint : for the great men , ere they were aware , hereby lost one of the fairest flowers of their garland , viz. the judicature , or rather the mastership of the life or death of the meaner sort ; and thereby a fair opportunity of containing them for ever under their awe . and no less remarkable was the benefit that redounded to this nation hereby ; for had the great men holden this power , as once they had it , it might soon have endangered the liberty of the freemen , and thereby been destructive to the fundamental constitution of the government of this realm , which consisteth in the just and equal participation of these priviledges , wherein all are equally concerned . this was the trial wherein the people of this nation were made happy above all other people , and whereby the freemen , as they had the legislative power , so likewise had the juridical ; and thereby , next under god , an absolute dominion over themselves and their estates . for though this course of trial was first applied to matters of crime , yet it soon also seized upon the common-pleas , which for the most part was the work of main import in the hundred court ; and suitable hereunto are the prescriptions which are extant in the law-books of cognizance of pleas , and writs of assize , &c. from the times of the saxons , as in that case of the abbot of bury amongst others doth appear . chap. xxxix . of passing of judgement and execution . after verdict , judgement passed according to the letter of the law , or known custom ; in criminal matters , according to the greatness of the offence , either for death or loss of member . but if the circumstances favoured the delinquent , he was admitted to redemption of life or member , by fine also setled by letter of the law , and not left to the judges discretion . if the crime reached onely to shameful penance , such as pillory or whipping , ( the last whereof was inflicted onely upon bondmen ) then might that penance be reduced to a ransom ( according to the grain of the offence ) assessed in the presence of the judge by the freemen , and entred upon the roll , and the estreat of each ransom severally and apart sent to the sheriff . this ransom was paid usually unto the king and lord , and the party indamaged , or his friends , if the case so required ; according to the old german rule , pars mulctae regi vel civitati , pars ipsi qui vindicatur , vel propinquis ejus . this course opened indeed a way for mercy ; but , through corruption , a floud-gate to wickedness in the conclusion . of imprisonment there was little use in the eldest times ; afterwards it was more used , not onely to secure the person to come to trial of law for miscarriages past , but sometimes to secure men against committing of future mischief , especially if it more concerned the publick . i find but little or no use thereof barely as a punishment , nor would their ancestors so punish their bondmen : vinculis coercere rarum est . in case of debt or damage , the recovery thereof was in nature of elegit ; for the party wronged either had the offenders goods to him delivered , or the value in money upon sale of the goods made by the sheriff ; and if that satisfied not , then the moity of the lands was extended , and so by moities so far as was possible , salvo contenemento ; and when all was gone , the defendants arms ( which were accounted as the nether-milstone , or stock of maintenance ) were last of all seized ; and then the party was accounted undone , and cast upon the charity of his friends for his sustenance : but the person of the man was never imprisoned as a pledge for the debt , no not in the kings case . alfred imprisoned one of his judges for imprisoning a man in that case . one punishment of death they had in cases of crime , and that was by hanging or strangling ; and where the crime was not so great , sometimes ensued loss of member or mutilation , and in many such cases excommunication , pronounced indeed by the clergy , but determined by the law ; which in the first conception was framed in the womb of the legislative power in parliament , as may appear in many laws there made ; nor was there in those times any question made of the cognizance thereof , so long as the clergy and laity had charity enough to joyn in all publick councils . chap. xl. of the penal laws amongst the saxons . passing the courts and manner of proceedings till sentence , we are now come to the particular laws that directed the sentence ; and first of those that concerned criminal offences . during the saxons time the commonwealth was in its minority , the government tender , the laws green , and subject to bend according to the blast of time and occasion , and according to the different dispositions of governours , ages , and people . for though the saxons were in name our first matter ; yet not they onely , but they having once made the breach open , and entred this island , it became a common receptacle of those eastern people , the angles , danes , almains , and goths , as their several laws left with us in power do not obscurely inform us ; and amongst all the rest , the goths were not the least concerned herein ; for the saxon king determining what people shall be holden denizons in this kingdom , saith , that the goths ought to be received and protected in this kingdom , as sworn brethren , kinsmen , and proper citizens of this commonwealth . nor can any nation upon earth shew so much of the ancient gothique law as this island hath . nevertheless in this mixture of people of several nations , there being a suitable mixture of laws ; as the power of any one of these people 's changed , so likewise did their laws change in power ; and long it was ere a right temper of one uniform law could be setled : yet in the interim , these short remembrances left unconsumed by time i have subjoyned , that it may appear their motions were excellent , though somewhat inconstant in their practice . those times were dark , and yet so far as any light appeared , the people were to be honoured for their resolution in the defence thereof . for there was few of the commandments of the two tables which they did not assert by laws by them made , the third and tenth excepted ; which latter commands the inward man onely , and whereof god hath the sole cognizance . true it is that the first commandment containeth much of the same nature ; yet somewhat is visible , and that they bound : for whereas in those times the devil had such power , as he did prevail with some ( and those it may be not a few ) to renounce god , and deliver themselves wholly to his own will ; they punished this crime with banishment , as judging him unworthy their society that would communicate with devils . yet if the delinquent had done any mischief whereby death ensued , the parties punishment was death ; yet might all be discharged by ransome , and good security for good behaviour for time to come . for their worship of god , they were no less zealous in maintenance of the manner ; as their forefathers liked not the use of images or pictures for adoration , neither did they : and though the clergy in other matters led them much , yet in this they were alone for a long time : for though the roman church had the use of images above three hundred years before austin's coming , yet could not that custom fasten upon the saxons for the space of above one hundred years after austin's coming ; notwithstanding the endeavours of charlemain , and pope constantine ( by his bastard-decree begotten upon the dream of the bishop of worcester ) that saw the virgin mary's picture brought him in his sleep by her self , and with a command from her , that it should be set up in the church and worshipped : i say , it could not fasten any constant practice of idol-worship , nor ever wrest a law from the wittagenmote to countenance the same ; but rather on the contrary , they still preserved the memorial of the second commandment in the decalogue , even then when as the romanists had expunged the same out of the number : and they enforced the same by a law of their own making , so far as their clergie , or reverence they bear to rome , would allow . it hath been formerly observed , that the saxons took no note of the vice of prophane swearing and cursing ; which crime ( if it were in use , as it cannot be otherwise conceited but it was ) as the times then were , must lie upon the clergie-mens account for their neglect of teaching the point ; or upon the general ignorance of those times , which understood not the commandment nor the scripture : for we find no canon against it , nor scarce any doctrine concerning it , but onely in case of false swearing , till anselm's time . true it is , that chrysostom seemeth zealous against all swearing ; but that was his personal goodness , which for ought appeareth died with him . and anselm contending against swearing by the creatures , and idle swearing , renders his grounds in such manner , as it may be well conceived that he understood not the main . i am the rather induced to conceive charitably of those times , in regard of their exceeding zeal for the honour of the lords day ; which sheweth , that so far as their knowledge would maintain them , they had zeal to make it into action . they began this day doubtless as other days , according to the custom of their forefathers in germany , nox ducere diem videtur . and because they would not allow their secular affairs to trench too nigh that days devotion , they made the lords day to begin on saturday at three of the clock in the afternoon , and to continue till munday-morning . no pastime , no not their beloved sport of hunting , was allowed during all that while ; nor no works were to be done , but such as concerned the worship of god : and those laws they bound with penalty of fine , if the delinquent were a free-man ; if he were a bond-servant , he was to be whipped . nor were these the laws of one king or age onely , but of the whole current of the saxon government ; and may ( although dark times they were ) yet put us in these days of light to the blush , to enter into comparison with them for their devotion . in their conversation with men , the saxons seemed yet more strict : and being a people of a publick spirit , they preferred the good of their country above all ; accounting treachery against it , or neglect thereof in time of danger , to be a crime of the greatest concernment , and to be punished in the highest degree , proditores , & transfugas arboribus suspendunt . other treason than this , no not against kings , did they then acknowledge any ; and therefore the form of the indictment for contriving the death of their king , concluded onely felonicè , as may appear in that form of an indictment for an offence of that nature intended and plotted against edmond the saxon king : whenas for the plotting against alliance , though of common and inferiour nature , the indictment concluded felonicè & proditoriè . and wereas the penalty , in case of treachery against the country , was death , and forfeiture of the whole estate , both real and personal : in treachery against the king , it was onely loss of life , and of the personal estate . and therefore it may seem that majesty had not yet arrived at its full growth ; or else that the greatest measure thereof rested in the body still . if in any thing the saxons were indulgent , it was in matters of blood ; for they were a warlike people , and looked upon it as under the regiment of valour ; and therefore it was punished only with fine , according to the old rule , luitur homicidium certo armentorum & pecorum numero . so as even in germany they had learned the trick to set a price upon that crime ; and this they afterward called manbotta wera wirgida wita , and lashlight : and , which was worse , they countenanced that which in after-ages was called deadly feud ; and so under colour of punishing murder with revenge , they added blood to blood . but as times grew more tame , and inclining to civility or religion , the cry of blood was more hideous ; and this urged on the law of appeals , and so private revenge became under the power of the law , which punished death with death , savouring of such a king as alfred was , who first taught the scriptures to speak in the dialect of our own laws ; like the rubrick amongst the canons , bringing therewith both strength and beauty : yet they had degrees of blood-shed , and made a difference in the punishment ; for some sprung from sudden passion , but other was forethought and purposed ; which last they called abere murther , or murther by foreplot or treachery ; and this was made nullo pretio emendabile ; and yet towards the times of the danes , devotion grew of so high a dye , that a sanctuary could represent any bloodshed more allowable , if not acceptable , under the golden colour of recompence made to the king , the lord of the party slain , and the parties friends , for the loss of a subject , a tenant , and a friend according to that of their forefathers , recepitque satisfactionem universa domus . it would be too tedious to recite all the particular laws , with their changes , and therefore they shall be lest to the view in the several laws of alfred , edmond , canutus , and edward , the saxon kings . yet one custom first begun by the danes , i cannot omit : that if a man were found slain , whose parents or friends were unknown , by common intendment he was presumed to be a dane ; and then if the delinquent were not taken , nor fled to sactuary , nor known where he is , the whole hundred was amerced for the escape ; but if the party slain were known to be of english parents , it was otherwise . this custom lasted long after the normans time , the dane being only changed into the norman , and was called englishire . batteries , maimes , imprisonments , and other breaches of peace , were punished by fine , which they called fightwitt , grithbrece , or frithbreck ; and the delinquent ordinarily put in sureties for the peace for future time . the fine was increased by the number of delinquents joyning in the fact : for if seven joyned , it was a riot , and the fine was then called flothbote . if the number were five times so many , viz. thirty and five , then it was a rebellion or war. secondly , the fine was increased by the time or season of the fact , as in lent , or while the army was in the field ; because , in the first case , the holy time was prophaned ; in the second , the countrey was more endangered , when the strength was abroad , and the army might be discouraged at the news of the disturbance at home . and therefore the saxons punished this with death , or fine suitable . thirdly , the fine was the greater in case of the excellency of the place , where it was holy ground , or in the presence of great persons , such as the king or bishop . adultery among the old germans was holden a crime of a high nature ; the penalty of the woman that committed that crime was death : i find not what became of the man. in latter times of the saxons it grew less penal , and more common . by alfreds law it was finable , and the fine called legierwit . by canutus the man was fined or banished , the woman to lose her nose , ears , and her portion . incest was more penal to the man than adultery , and yet it touched not his life . robbery amongst the lacedemonians was accounted but a trick of youth , the athenians thoughts were more severe . the germans likewise differed in their censures concerning it ; the saxons punished it with death , but the angles with fine only ; yet ina the king made it mortal , and canutus followed him therein ; and edward the confessor limited that punishment to thefts of twelve pence in value , or above . burning of woods was finable by ina's law ; but burglary was felony . in king edmunds time only the danes made it finable ; possibly being guilty in their own consciences of their own propensity to rapine and plunderings . this priviledge of the dwelling-house was anciently called hamsoca , or hamsoken , or hamsokne . trespasses committed upon ground were all comprehended under the general name of ederbrece , or hedge-breaking ; and the penalty was not only the damage to the party , but also fine to the king upon action , which in these days passeth under the name of quare clausum fregit , according to the words of the writ . the damages were more or less , according to the time or season when it was done : for it when the army was abroad , the damages were doubled ; and in like manner , if done in lent time . if the trespass was done by a beast , the owner must pay the damages ; but if it were occasioned through the complainants default ( as through his gap ) no damages were paid . the constant fine to the king in all such trespasses , was by alfreds law set at five shillings . other actions also were then used , as touching damage done to goods , and actions upon the case : for in alfreds time the plaintiff recovered not only damages for trespasses done to possessions and goods , but also costs for injuries in point of scandal and defamation , in case the complainant specially declareth that he is thereby disabled , or indamaged in his preferment , and maketh proof of the same ; suitable unto the forms of our pleadings at this day , which conclude with per quod , &c. or & deterioratus est , &c. the saxons were utter enemies to perjury ; they punished it with eternal discredit of testimony ; and sometimes with banishment , or with grievous fines to the king , and mulcts to the judge . for that difference i find observed in those days between fines and mulcts , albeit the more ancient times used them for one and the same ; for so the historian pars mulctae regi . in all these matters where any interest was vested in the crown , the king had the prerogative of pardon ; yet always the recompence to the party was saved ; besides the security of the good behaviour for time to come , as the case required . chap. xli . of the laws of property , of lands and goods , and their manner of conveyance . thus passing over some tops of saxon penal-laws , besides the general rule or law of eye for eye , tooth for tooth , &c. it now remains as lightly to glance at a few generals concerning the setling and property of possessions in point of title ; concerning which , although it be true that the conquerors of this part of the isle were a body aggregate of many nations or peoples , and so divers customs must necessarily settle by common intendment in several places , according as they chose their habitation : yet the general custom of the germans , as touching descent of inheritance , was to the eldest son. for tacitus speaking of the german cavalry , saith , that the horse of the party dead went not to the eldest son , ut caetera , but to the most valiant man amongst them of that linage ; which words ut caetera do plainly intimate , that other matters of profit passed to the eldest son in point of descent . nor can i conceive how men should be induced to conceit , that the custom of gavelkind was the ancient general custom of the germans . it is true , the words of the same historian have misled some ; the words are , haeredes tamen & successores cuique liberi ; these taken collectively , i grant may import somewhat tending that way ; but they may as properly be taken disjunctively , that the children inherit by course ; and if none such were , then the brothers ; if they failed , then uncles . and it is not only evident , that in the publick succession to the crown they had an eye this way , but in the descent of private and particular estates , as by many instances out of those old histories may appear ; and had any other custom been general , alfreds rule by moses law had never succeeded ; nor could that other custom hold out against the constant desire of the saxons to perpetuate their families in greatness and honour : all which , besides the express laws set forth in the codes , are in my conceit sufficient to induce an historical faith , that the general course of descent was to the eldest sons , and not to all joyntly . nevertheless out of this estate of inheritance , divers particular estates were created , as well by common custom , as by the especial act of the owner of such an estate . such of them as were wrought by custom , was occasioned from marriage , whereby if the man was setled of such estate as formerly hath been recited , and died , his wife surviving , by ancient custom she had her dower , or third part of such estate of inheritance . this custom , though ancient , yet was not originally from the germans , but from the latines , who used to give dower with the man , and receive portion with the woman . but the germans learned from the greeks otherwise ; for the laws both of solon and lycurgus forbad the latter , lest marriages should be made for reward , and not grounded upon affection ; which , as they conceived , would be a means to maintain the strength of mankind in generation . and therefore tacitus noteth this by way of antithesis , dotem non uxor marito , sed uxori maritus offert . the dower that was given in the first times was goods ; and these were utensils for war. and the wife many times returned to the man tokens of her love , in the same kind , and not as gages of future maintenance , unless we shall account war their proper calling from whence their livelihood issued . succeeding times growing more calm , changed the custom of fighting into trading , and taught them to prefer the stock gotten by commerce , before that of war ; and so the dower was changed . this course continued all the saxons time , for ought i can find ; for not much above threescore years before the conquest , it was by a publick law confirmed , that the bridegroom before marriage should set forth that portion of goods that should be his wives ; and these were ever afterward holden her own proper goods . but if no such provision was made before marriage , then the law or custom gave the wife half her husbands goods , if she outlived him ; and if there were children , then the whole estate in goods , to provide for herself and them , until she took a second husband : but if the husband suffered death as a malefactor , the wife was to have but one third part . i find no footsteps of dower in lands until the normans time ; who were also as well owners of the wives personal estate , as of their persons , and before which time the saxon wives in divers regards were more absolute and independent ; i say not more happy , because they were never one with their husbands ; nor were they ever under the law of free-pledge , as wives ; nor was the husband his wives pledge as he was her husband , although as a master he was free pledge for his servants : for the law was , that in case the husband carried his wife away into another lordship , as he must give pledges that his wife shall have no wrong , so she must give pledge by her friends that she shall do no wrong ; and she passed therefore as an appurtenant to her husband , rather than one in unity with him ; and her estate or portion was rather appurtenant to her than him : for if she failed in her good carriage to her husband , she was to make amends out of her own estate to her husband ; and if her estate sufficed not , then her pledges were to satisfie her husband . nevertheless what failed in the relation of the woman to the man , was supplied in the relation of the man to the woman ; for , besides the respect the men bare to the women , as their wives , they honoured them as german women , that admired valour in all , idolized it in their husbands , and shared in it themselves ; and upon occasion merited thereby not onely to be companions in honour , but triumphers above men , yea their commanders and governours . nor was this the original trick of the rude and uncompt germans , or barbarous britans , but of the wise greeks , and received ( as may be supposed ) from the lacedemonians , upon as good ground as the wife of leonidas the lacedemonian king rendred ; who being asked why the lacedemonian women ruled their husbands : it is true , said she , for we only know how to obey our husbands . a second particular estate , which the law derived out of the inheritance , was advancement to the husband ; for the saxons were not so stupid as to refuse favour proffered : and therefore they made a law of counter-tenure to that of dower , which we commonly call tenure by the curtesie of england ; which was but a perquisite of the wives estate given to the husband , in case he over-lived his wife , and had issue by her born alive . the name was probably given by the normans , who as it seemeth had no such custom ; and therefore they gave it the name from the english ( albeit since that time scotland hath also allowed it amongst them ) who might probably bring it into this kingdom or countrey amongst the mingled people : for this custom or law is found amongst the ancient almain laws ; differing onely from the law this day in the evidence of the title , which now ariseth upon the birth of the child heard to cry ; whenas in those days the title vested not unless the child opened his eyes , ut possit videre culmen domus , & quatuor parietes , which toucheth not onely the opening of the eye , but also the rowling of it about . estates that were derived out of the estate of an inheritance by the act of the party , either were such as concerned the whole inheritance , or part thereof . that which concerned the whole inheritance , was nothing but a parcelling of it out according to the will of the giver ; and this was afterwards called estate tail ; which passed also amongst some places by way of custom , as amongst the angles it was a law that the inheritance should pass unto the issue-males on the fathers side until the fifth generation , before any title could accrue to the issue female ; and then according to their proverb , it went from the lance to the spindle . but the danes possibly might prevent this in the continuance thereof ; for they brought along with them that which was formerly the saxon custom , which carried the inheritance unto the daughters , upon the failing of the issue male , as in the example of cenedritha daughter to cenulphus , amongst multitudes of others may appear . but where lands were conveyed by writing or act of the party , it was a maxime , that the will of the conveyor should be strictly observed : nor could any one that came in by vertue of such writing ever alien the land to cross the current of the original conveyance . the entailing of estates therefore was very ancient , although by corrupt custom it was deluded , as the lord dier in his argument of the l. berklies case observeth . another custom of inheritance was catcht i know not how , it 's called burrough english , and by the name may seem to be brought in by some cynical odd angle that meant to cross the world , and yet in a way not contrary to all reason : for where nature affords least help , the wisdom of men hath used to be most careful of supply ; and thus the youngest became preferred before the elder in the course of descent of inheritance , according to this custom . there is no further monument of the antiquity hereof that i have met with , than the name it self , which importeth that it sprang up whiles as yet the names of angles and saxons held in common cognizance ; and might arise first from the grant of the lords to their tenants , and so by continuance become usual . and by this means also might arise the custom of copy-holds of this nature so frequent , especially in those eastern parts of this island where the angles setled , and from whom that part had the name of the east - angles . another custom of descent remaineth , and that is to the children indifferently , and it is called gavel-kind , or gave-all kind : and by the very name seemeth at the first to arise rather from the donation of the parent or other ancestor , contrary to common custom , than by common law ; otherwise no need had been of an especial name . in the original it seems it equally concerned all , both sons and daughters , as partners ; and for want of such , the brothers and sisters . it seemeth to be first the law of the goths or jutes ; for it remaineth in use in these parts of the eastern countries . but in latter times this estate was also tailed , or cut out sometimes to the sons and daughters severally ; that is , the sons or brothers to have two parts , and the daughters or sisters one part : othertimes to all the sons , and for want of such , to all the daughters . and thus these courses of estates passed over seas to the southern part of this island , where that people most setled , in a double stream ; the first from the athenians , that loved the stateliness of their families ; the other from the lacedemonians , who desired rather the continuance of their families than their greatness . the manner of conveying of estates between party and party , was either by act of the party executed in his life-time , or after his death . such as were executed in the life-time of the owner , and were such as for the most part were in matters of great moment , were estates passing by deed of conveyance in writing : and for this way the saxons were beholding to the latines , who taught them that course , both for form and language . and alfred enforced by a particular law , viz. that all such as hold lands by deed in writing should hold them according to the intent thereof , and not alien the same contrary thereunto , the intent thereof being proved by the witnesses . the nature of the conveyances in these ancient times may appear by a deed of one of the kings of this island about years before the conquest , whereby he granted four plough-lands in the isle of thanet , unto an abbess ; wherein , instead of that which we now call the habendum , the words are contulimus possidendum , &c. and after that followeth the uses of the deed , tuo usui , &c. and then concludes with a warranty , in these words , tu vero successoresque tui defendant in perpetuum , nunquam me haeredesque meos contra hanc chartulam aliquando esse venturos : the effect of which last clause may appear by the law of the sale of goods , which in those times was , that if the sale of goods warranted did not hold , the loss should light upon the sellers . the deeds were usually subscribed with the name of him that made the conveyance , or passed the estate ; and if he could not write his name ( as it befel often ) then the deed was under-signed with his mark : for withered king of kent used the sign of the cross in subscribing his grants , pro ignorantia literarum . they used also in those days to seal their deeds ; for so much the conclusion of king ina's charter to the abbey of glastenbury importeth , in words to this effect in english ; i ina the king , do confirm this grant and liberty , by subscription of my own hand , and under the seal of the holy cross. true it is , ingulphus tells us that seals to deeds were of norman original ; i believe his intent is concerning seals of wax annexed or affixed unto deeds . lastly , in those days also they used to attest their deeds , by subscribing the names of such as were present ; who being of greater or meaner rank , rendred the credit of the deed accordingly more or less valuable : and upon this ground did the acknowledging or proving of deeds before the king , bishop , county , or hundred , first arise . that was the roman fashion ; but the more ancient german way of conveyance was by livery and seisin , as most suitable to their ignorance , who had learning in as slight account as the lacedemonians had , and cared for no more than would serve the turn of natural necessity . a property they had both in lands and goods ; and where that resteth , no man can deny them the natural way of giving and receiving by delivery . and therefore though matters of ordinary use seldom come into the observation of story , and this petty ceremony might very well pass sub silentio ; yet we are not altogether left destitute of the footsteeps thereof in antiquity . for aethbald the mercian king , above eight hundred years ago , gave the monastery of cutham , with all the lands thereunto appertaining , to christ-church in canterbury ; and for the confirmation thereof , commanded a clod of earth with all the writings to be laid upon the altar . another monument hereof more ancient by the space of above an hundred years we find in that grant of withered king of kent , of four plough-lands in the isle of thanet , the latter part whereof this clause concludes thus : ad cujus cumulum affirmationis , cespitem hujus supradictae terrae super sanctum altare posui . every man had liberty to execute the law of his inheritance in his life-time ; but some were surprized with sudden occasions , and unexpected issues and ends ; and in such cases they did what they could to declare their intents by last will ; which by common intendment being in writing , hath occasioned some to think that the saxons in their original had no use thereof , being , as they conceived , so illiterate as not to have the use of writing . but the character remaining to this day evinceth the contrary ; nor can those words of tacitus , et nullum est testamentum , in any rational way be expounded in this sence , if we consider the context , which runneth thus : haeredes & successores cuique liberi , & nullum est testamentum . which in my opinion founds in this sence : the heirs and successours to every one are his children , and there is no testamentary power to disherit or alter the course of descent , which by custom or law is setled . otherwise to deny them the use of all testamentary power , was a matter quite abhorring the custom of all the grecians , from whom they learned all that they had . nevertheless the saxons had not been long acquainted with the romanists , but they had gotten that trick of theirs also of disheriting by last will , as by the testament of aethelwolf , and others of the like nature , in histories may appear . the conveyances formerly mentioned concerned lands and goods ; but if no such disposal of goods were , the ancient german custom carried them after the death of the ancestor promiscuously , or rather in common to all the children ; but in succeeding times , the one half by the law of edmond passed to the relict of the party deceased , by force of contract rather than course of descent . after him edward the confessor , recollecting the laws , declared that in case any one died intestate , the children should equally divide the goods ; which i take to be understood with a salvo of the wifes dower or portion . as yet therefore the ordinaries have nothing to do with the administration , for goods passed by descent as well as lands ; and upon this custom the writ de rationabili parte bonorum was grounded at the common-law , as well for the children as the wifes part , according as by the body of the writ may appear . chap. xlii . of times of law , and vacancy . such like , as hath been shewed , was the course of government in those darker times ; nor did the fundamentals alter either by the diversity and mixture of people of several nations in the first entrance , nor from the danes or normans in their survenue : not onely because in their original they all breathed one air of the laws and government of greece , but also they were no other than common dictates of nature refined by wise men , which challenge a kinde of awe in the sense of the most barbarous . i had almost forgot one circumstance , which tended much to the honour of all the rest , that is , their speedy execution of justice ; for they admitted no delays , till upon experience they found that by staying a little longer they had done the sooner : and this brought forth particular times of exemption , as that of infancy and child-bearing , in case of answering to criminal accusations . but more especially in case of regard of holiness of the time : as that of the lords day , saints days , fasts , ember days ; for even those days were had in much honour . nor onely days , but seasons ; as from advent to the octaves of epiphany ; from septuagesima till fifteen days after easter , or ( as by the laws of the confessor ) till eight days after easter ; and from ascention to the eighth day after pentecost . and though as kings and times did change , so these seasons might be diversly cut out , as the laws of alfred , aethelstan , aetheldred , edgar , canutus , and edward , do manifest ; yet all agreed in the season of the year , and that some were more fit for holy observation than others . and thus by the devotion of princes , and power of the clergy , the four terms of the year were cut out for course of law in the kings court , the rest of the year being left vacant for the exercise and maintenance of husbandry , and particular callings and imployments ; saving that even in those times the courts of the county and hundred held their ancient and constant course . last of all , and as a binding law unto all , it was provided that false judges should give satisfaction to the party wronged by them , and ( as the case required ) to forfeit the residue to the king ; to be disabled for ever for place of judicature , and their lives left to the kings mercy . chap. xliii . the end of the saxon government . and this far of the joynts of the saxon government in their persons , precincts , courts , causes , and laws ; wherein as the distance will permit , and according to my capacity , i have endeavoured to refresh the image of the saxon commonwealth , the more curious lineaments being now disfigured by time . afar off it seems a monarchy , but in approach discovers more of a democracy ; and if the temper of a body may appear by the prevailing humour towards age , that government did still appear more prevalent in all assaults both of time and change . the first great change it felt was from the danes that stormed them , and shewed therein much of the wrath both of god and man. and yet they trenched not upon the fundamental laws of the peoples liberty . the worst effect was upon the church , in the decay of the power of religion and the worship of god. for after much toil and loss both of sweat and bloud , the danes ( finding that little was to be gotten by blows but blows , and that the clergy at the least was the side-wind in the course of all affairs ) laid aside their paganism , and joyned with the clergie : and as their converts and pupils , gained not onely their quiet residence , but by the favour of the clergie to make trial of the throne ; and therein served the clergie so well , as they brought the people to a perfect idolatry , with times , places , and persons , and subjection of their estates to church-tributes . and as at tennis , the dane and bishop served each other with the fond country-man , that whether lord dane or lord-bishop was the greater burthen , is hard to be determined . thus became ambitious prelacy in its full glory , and the poor church of christ clouded in darkness , and little hold left for recovery , but onely by the liberty of the saxon freemen , which the danes could never conquer ; not for want of will or power , but of time and occasion : for the crown returned to the saxon-line again after the half age of one man , although it was worn by three ; so god would have it : nor did any monument of the danish government remain , saving a few customs in some places , which shew rather that the danes were here , than that they ruled here . to sum up all ; the saxon common-wealth was a building of greatest strength downward even to the foundation , arched together both for peace and war. that by the law of decenners , wherein justice was the bond , their armies were gathered , not by promiscuous flocking of people , but by orderly concurrence of families , kindreds , and decenners , all chusing their own leaders . and so honour , love , and trust conspired together to leave no mans life in danger , nor death unrevenged . it was a beautiful composure , mutually dependant in every part from the crown to the clown ; the magistrates being all choice men , and the king the choicest of the chosen : election being the birth of esteem , and that of merit ; this bred love and mutual trust , which made them as corner-stones , pointed forward to break the wave of danger . nor was other reward expected by the great men , but honour and admiration , which commonly brought a return of acts of renown . lastly , it was a regular frame in every part , squared and made even by laws , which in the people ruled as lex loquens , and in the magistrate as lex intelligens ; all of them being grounded on the wisdom of the greeks , and judicials of moses . thus the saxons became somewhat like the jews , distinct from all other people ; their laws honourable for the king , easie for the subject ; and their government , above all other , likest unto that of christ's kingdom , whose yoke is easie , and burthen light . but their motion proved so irregular , as god was pleased to reduce them by another way . chap. xliv . of the norman entrance . thus was england become a goodly farm : the britons were the owners , the saxons the occupants , having no better title than a possession upon a forcible entry , with a continuando for the space of four hundred years : seldom quiet , either from the claim and disturbances of the restless britons , or invading danes ; who not onely got footing in the country , but setled in the throne ; and after gave over the same to the use ( as it proved ) of another people sprung from the wilde stock of norway , and thence transplanted into a milder climate , yet scarcely civilized . that in one isle the glory of god's bounty might shine forth to all the barbarism of europe , in making a beautiful church out of the refuse of nations . these were the normans out of the continent of france , that in their first view appeared like the pillar of the cloud , with terrour of revenge upon the danish pride , the saxon cruelty , and idolatry of both people . but after some distance shewed like the pillar of fire , clearing god's providence for the good of this island , to be enjoyed by the succeeding generations . nor was this done by revelation or vision , but by over-ruling the aspiring mind of duke william of normandy to be a scourge unto harold for his usurpation , and unto the people for their causless deserting the royal stem . yet because the haughtiest spirit is still under fame and opinion , and cannot rest without pretence or colour of right and justice , the duke first armed himself with titles , which were too many to make one good claim ; and served rather to busie mens mindes with musing , whilst he catcheth the prey , than settle their judgements in approving of his way . first , he was cousin-german to the confessor , and he childless ; and thus the duke was nigh , though there were nigher than he : but the worst point in the case was , that the duke was a bastard , and so by the saxon law without the line ; nor was there other salve thereto but the norman custom , that made no difference ; so as the duke had a colour to frame a title , though england had no law to allow it . and this was the best flower of his garland , when he meant to solace himself with the english , as may appear by what his son henry the first sets forth to the world in his charter whereby he advanced the abbey of ely into the degree of a bishoprick ; and wherein , amongst his other titles , he calls himself son of william the great , qui edwardo regi successit in regnum jure haereditario . but if that came short , he had the bequest of the confessor , who had designed the duke to be his successor : and this was confirmed by the consent of the nobility , and principally of harold himself , who in assurance thereof promised his sister to the duke in marriage . this countenanced a double title , one by legacy , the other by election ; and might be sufficient , if not to make the duke's title just , yet harold's the more unjust , and to ground that quarrel that in the conclusion laid the duke's way open to the crown . and for the better varnish , the duke would not be his own judge , he refers his title to be discussed at the court of rome , and so flattered the pope with a judicatory power amongst princes ( a trick of the new stamp ) whereby he obtained sentence in his own behalf from the infallible chair . the pope glad hereof , laid up this amongst his treasures , as an estoppel to kings for times to come : and the king made no less benefit of estoppel against the english clergie that otherwise might have opposed him , and of assurance of those to him that were his friends , and of advantage against harold , that had gotten the crown sine ecclesiastica authoritate , and by that means had made pope alexander and all the prelates of england his enemies . but if all failed , yet the duke had now a just cause of quarrel against harold for breach of oath and covenant ; wherein if harold chanced to be vanquished , and the crown offered it self fair , he might without breach of conscience or modesty accept thereof , and be accounted happy in the finding , and wise in the receiving , rather than unjustly hardy in the forcing thereof . and this might occasion the duke to challenge harold to single combat , as if he would let all the world know that the quarrel was personal , and not national . but this mask soon fell off by the death of harold ; and the duke must now explain himself , that it was the value of the english crown , and not the title , that brought him over . for though he might seem as it were in the heat of the chase to be drawn to london , where the crown was , and that he rather sought after his enemies than it ; yet assoon as he perceived the crown in his power , he disputed not the right , although that was edgar's , but possessed himself of the long-desired prey : and yet he did it in a mannerly way , as if he saw in it somewhat more than gold and precious stones : for though he might have taken it by ravishment , yet he chose the way of wooing by a kind of mutual agreement . thus this mighty conqueror suffered himself to be conquered , and stooping under the law of a saxon king , he became a king by lieve ; wisely foreseeing , that a title gotten by election , is more certain than that which is gotten by power . chap. xlv . that the title of the norman kings to the english crown was by election . some there are that build their opinion upon passionate notes of angry writers , and do conclude that the duke's way and title was wholly by conquest , and thence infer strange aphorisms of state , destructive to the government of this kingdom . let the reader please to peruse the ensuing particulars , and thence conclude as he shall see cause . it will easily be granted that the title of conquest was never further than the king's thoughts , if it ever entred therein : else wherefore did he pretend other titles to the world ? but because it may be thought that his wisdom would not suffer him to pretend what he intended , and yet in practice intended not what he did pretend ; it will be the skill of the reader to consider the manner of the first william's coronation , and his succeeding government . his coronation questionless was the same with that of the ancient saxon kings ; for he was crowned in the abbey of westminster by the archbishop of york , because he of canterbury was not canonical . at his coronation he made a solemn covenant to observe those laws which were bonae , & approbatae , & antiquae legis regni ; to defend the church and church-men ; to govern all the people justly ; to make and maintain righteous laws ; and to inhibit all spoil and unjust judgements . the people also entred into covenant with him , that as well within the land as without , they would be faithful to their lord king william , and in every place to keep with all fidelity his lands and honours , together with him , and against enemies and strangers to defend . it is the self-same in substance with the fealty that the saxons made to their kings , as will appear by the parallelling them both together . the saxons were sworn to defend the kingdom against strangers and enemies , together with their lord the king , and to preserve his lands and honours , together with him , with all faithfulness ; so as by the saxon way , the allegiance first terminated on the kingdom , and then , as in order thereunto , upon the king , with his lands and honours . but the norman either wholly omitted the first , as needless to be inserted in a municipal law , it self being a law in nature ; or else includeth all within the words lands and honours , taking the same in a comprehensive sence for the whole kingdom , and so made up the sum of the saxon fealty in fewer figures . which may seem the more probable of the twain , because little reason can be rendred why the king should restrain that defence to his private lands ( if he claimed all by conquest ) whenas all equally concerned him ; or why he should exclude the publick , whenas both himself and all he had was embarqued therein , and it might subsist without him , but contrarily not he without it , appeareth not to my understanding ; nor did the thing enter into the king's purpose , if the file of his purposes be rightly considered : for speaking concerning castles , burroughs , and cities , which are in nature limbs of the common-wealth , he saith that they were built for the defence of the people and kingdom . was this the service of walls and fortifications , and not much rather of men within those places of strength ? certainly the plain english is , that in time of breach of publick quiet and peace , the subjects were bound to defend the kingdom , and in order thereto the people of the same , and of the king 's right included in the publick defence ; else it were a strange conclusion , that each man in particular , and in their own personalone , was bound to defend the king 's right ; but being imbodied , the kingdom . and yet more clearly it 's apparent , in that the service of the order of knight-hood , which was the chief strength of the nation in those days , was determined upon the service of the king , and defence of the kingdom ; or which is more plain , for the service of the king in or for defence of the kingdom , as the statute of mortmain expounds the same . but not to force the king's sence by argument ; if the king had purposely omitted that clause of the kingdoms safety , as of inferiour regard to his own personal interest ; it was one of his rashest digressions , wherein he soon espied his errour : for in the midst of his strong and conquering army he held himself unassured , unless he had a better foundation than that which must change with the lives of a few at the utmost . and therefore besides the oath of fealty formerly mentioned , he established a law of association , that all free men should be sworn brethren ; . to defend the kingdom with their lives and fortunes against all enemies , to the utmost of their power . . to keep the peace and dignities of the crown . . to maintain right and justice by all means , without deceit and delay . joyn then these two oaths together , viz. that of fealty , and this of fraternity ; and it will easily appear , that the allegiance of the english to the norman kings was no other than what might stand with brotherhood , and tender regard of the publick above all : and differing from the saxon fealty on●y in this , that that was in one oath , and this in two . wherefore whatsoever respects steered in the rear of the king's course , it is less material so long as the van was right ; albeit that the sequel will prove not much different from the premises , as will appear in the foot of the whole account . thus entred the first norman upon the saxon throne ; and as he had some colour of right to countenance his course , so had his son his fathers last will , and yet he had as little right as he . this was william rufus , that was of his fathers way , but of a deeper dye ; and therefore might well be called william rufus , or william in grain . he was exceeding happy in the fear or favour of the people , for he had nothing else to make room for his rising . true it is , he had the good will of his father , but he was dead ; and probably the people as little regarded it , as he did them . nor was it ever observed that the english crown was of so light account , as to pass by devise of cestui que use ; and therefore though it was designed to him from his father , yet both right and possession was left to the people to determine and maintain . the clergy first led the way , having first taken a recognizance of him for his good behaviour towards them ; which he assured , as far as large promises and protestations would serve the turn ; and within one year after , standing in need of the favour of the commons ( to maintain possession against his brother robert ) he gave them as good security as the clergy had ; which he kept in such manner , that it was a wonder that one of so small interest in the title , but what he had by the peoples lieve and favour , should rule in such manner , and yet die a king ; the favour of the people being like a meteor , that must be continually fed , or it soon goes out and falls : for evident it is , that the right of inheritance was his elder brother roberts , who was the braver man , and more experienced souldier ; and upon these principles had obtained the love of the norman barons ( the flower of his fathers chivalry ) and the liking of the clergy , after they had found by experience the emptiness of their hope in his brother william ; and was every way so superiour to his brother in advantages , as we are left to believe that william got the day without any other ground , but only that god would so have it . it is true , the english stuck close to him ; but how they were gained or contained , writers speak not , but tell us of his promises , which also they tell us were vain , and never had issue further than would stand with his profit . exit william rufus , and in comes his younger brother henry the first of that name ; a prince that excelled in wisdom , and by it ruled his courage , which served him so far , as his aims and ends reached : his title was no better than his fathers or brothers , but rather worse ; for he had no colour of last will to propound him to the people , and his elder brother robert was still alive , and by his service of the church in the war of jerusalem , might merit that respect of the clergy , as not to permit him to be a loser by so well-deserving service , as in those days that was accounted . nevertheless the english look upon henry as the fitter man for their turn ; being now at hand , and robert at jerusalem ; and being a native born in england , civilized into the english garb by education ; and of a wiser and fairer demeanour , and more inclining to peaceable government , which both normans and english much inclined to , as being weary of thirty years service in the wars . and therefore it is not marvellous if they applied themselves to him in a way of capitulation , and less wonderful if he hearkned thereunto ; and yet neither unadvisedly yielded unto by him , nor traiterously propounded by them , as some in zeal to monarchy conclude the point . the worst of the whole matter resting in this , that the king bound himself to be just , that he might be great ; and the people to submit unto justice , that they might be free , like as their ancestors were , and themselves by the law established ought to be . for the capitulation was in substance setled by the ancient laws of the saxons mixed with some additions of laws made by the kings father , with the joynt advice of the grand council of the kingdom ; all which both the norman williams had often confirmed by solemn protestations and promises ; however their actions , upon sudden surprisal , were malae consuetudines and exactiones injustae , by this kings own acknowledgment . thus these three norman kings made their way to the throne ; the first by arms , under colour of title ; the second by a kind of title , under colour of arms ; and the last by favour , but all entred the same by capitulation , election , and stipulation ; and for the general , had some regard to suit their course in order of retaining the good will of their people , although in a different measure , according to the differency of occasions . chap. xlvi . that the government of the normans proceeded upon the saxon principles ; and first of parliaments . the principles which i mean , are these : first , the legislative power , and influence thereof upon the whole . secondly , the members of that government , with their several motions . thirdly , the laws and customs , or rules of those motions . and first concerning the legislative power . although it be true that the first williams great and most constant labour was to have and to hold , and had but little time or liberty to enjoy ; yet that time of rest which he had , did apply it and himself in the setling of the laws by the advice of common-council : i say , not by advice of his own heart , or two or three norman lords , or of the norman nobility only , as some men take the confidence to aver , as if they had been eye-witnesses to the actions of those days ; but by the joynt advice of the grand-council of the lords , and wise men of the kingdom of england . i will not insist upon force of argument to shew , that common reason must of necessity sway the king into this course , but shall reserve that to another place ; the testimonies of writers must now serve the turn : and herein , the testimony of the chronicle of lichfield must have the first place , which speaks both of a council of lords ; and saith , that by their advice he caused to be summoned a meeting of all the nobles and wise men through all the counties of england , to set down their laws and customs . this was in the fourth year of his reign , or rather after his entry , and as soon as the kingdom was brought into any reasonable posture of quiet ; and which , besides the intention of governing the kingdom according unto law , doth strongly pretend that the parliament had the legislative power and right of cognizance , and judicature in those laws that concerned the kingdom in general ; and for the particular laws or customs of several places or precincts , it was referred to a committee or jury in every county to set them forth upon oath . secondly , that this council had power to change laws , may likewise appear in that act made concerning the introduction of the canon-law , which shews not only the power of that council in church-matters , but also that the canon was no further in force than the same would allow ; and this was also done by common council , and the council of the archbishops , bishops , abbots , and all the princes of the kingdom ; which connexion shews plainly , that there was a council besides that of the prelates and princes . thirdly , in matters of general charge upon the whole body of the people , the king used also the help of this grand-council , as may especially appear in the charge of arms imposed upon the subjects ; which was said to be done by the common council of the whole kingdom ; as is witnessed even by the kings own law. it may seem also , that the grand officers of the state were elected by such grand assembly of the wise men ; for we find that lanfrank was elected to the see of canterbury by the assent of the lords and prelates , and of the whole people , that is , by the parliament of england ; and as probable it is , that bishops were therein also elected , for that the bishop of lichfield resigned his bishoprick in such like assembly , if the meaning of lanfrank be rightly understood , who saith in his letter , that it was in conventu episcoporum atque laicorum . lastly , that one law of the kings , which may be called the first magna charta in the norman times , by which the king reserved to himself from the free-men of this kingdom nothing but their free service , in the conclusion saith that their lands were thus granted to them in inheritance of the king by the common-council of the whole kingdom ; and so asserts in one the liberty of the free-men , and of the representative body of the kingdom . these footsteps of the parliament find we in the conquerors time , besides other more general intimations scattered amongst the historians ; which may induce opinion to its full strength , that this king , however conqueror he was , yet made use of this additional power of parliament to perfect his designs ; and it may be , more often than either of his sons , that yet had less pretence of superlative power to countenance their proceedings . william rufus was a man of resolution no whit inferiour , if not surpassing his father ; and had wit enough for any thing but to govern his desires , which led him many times wild , and might occasion conceit that he was almost a mad king , though he were a witty man ; and therefore it is the less marvail if he used not the help of the common-council more than needs must ; where kings many times are told of that which they are loth to know . nevertheless william the second could not pass over thirteen years without a parley with his commons and clergy , unless he meant to adventure a parley between them and his brother robert , who like an eagle eyed his posture , though he hovered afar off . but henry the first was more wise , and being trained up even from the cradle in the english garb , moralized by learning , and now admitted into the throne , found it the wisest course to apply himself to the rule of an english king , viz. to win and maintain the good opinion of the people , by consorting together with them under one law ; and pledging himself thereto , by taking unto wife one of the english blood-royal : by this means he refeised and reassumed the english , in partnership with the norman in their ancient right of government ; and reconciled the minds of the people , under a lively hope of enjoying a setled government . nor were they greatly deceived herein , for his course was less planetary than that of either of his predecessors ; and yet we find little said of his parley with his people in a parliamentary way , although more of his laws than of any of his predecessors . the reason will rest in this , that the writers of those times touch more upon matters of ordinary than political observation , and regarded rather the thing , than the place or manner how . the laws therefore , although they are not entituled as made in parliament , yet in the continuation of the history of bede , it is noted that the king renewed or confirmed the ancient laws in concilio peritorum & proborum virorum regni angliae ; which may give sufficient cause to suppose , that he declined not the ancient way , no more than he did the ancient law. chap. xlvii . of the franchise of the church in the normans time . the canon-law , that ever since austin's coming , like thunder , rumbled in the clouds , now breaks forth with confusion to all opposers . it had formerly made many fair proffers of service to this island , but it was disaccepted , as too stately to serve ; yet by often courtesies received , it was allowed as a friend afar off . for the vast body of the roman empire , like a body wasting with age , died upward , and left the britains to their own laws , before the second beast was grown ; which being young , was nourished under the imperial law of the first beast , till it grew as strong as its dam , and began to prey for it self . the empire perceiving its grey hairs , and the youthful courage of this upstart , was glad to enter mutual league with it , that to maintain the ecclesiastical monarchy , and this again to support the imperial : and so became the canon and imperial law to be united , and the professours to be utriusque juris . but this parity continued not long ; the young beast looked like a lamb , but spake like a lion ; and contrarily , the eagle had cast its feathers , and could towre no more ; so as by this time the pope was too good for the emperour , and the canon-law above the imperial ; yet allowing it to serve the turn : and so the professours of both laws became students in the civil , but practisers of the canon . this composition thus made beyond the seas , the great work was how to transport it over into this isle : for the emperour could entitle the pope to no power here , because none he had . austin the monk undertakes the work ; he offers it to the britains under the goodly title of universal bishop : but they kept themselves out of canon-shot . the saxons allowed the title , but liked not the power ; the monk observed the stop , and left time to work out that which present cunning could not , being content for the present that a league of cohabitation should be made between the two swords , though the spiritual were for the present underling ; not despairing that it would work out its own way over the saxon law , as it had done over the imperial . nor did his conceit altogether fail : for the saxons by little allowed much , and the danes more ; although the main was preserved until the normans came upon the stage , who made their way by the pope's lieve , and gave him a colour of somewhat more than ever any of their saxon predecessors had done ; and to gain the more quiet possession of the crown to themselves , allowed the pope the honour of their council learned to draw the conveyance : which , as some think , was made advantageously for the pope himself in point of tenure , but more probably in the covenants . for the conquerour was scarce setled in his seat , but the canon-law began to speak in the voice of a royal law : first complaining of misgovernment , as if the church were extremely wronged by having the same way and law of tryal with the commons of england ; and then propounds four several expedients , enough to have undone the whole commonwealth in the very entrance , had not the superstition of those times blinded both parliament and people , and rendred them willing to that which their successours in future ages often repented of . no offence against the bishops laws , shall be handled in the hundred . by the saxon law , church-matters had the preheminence both in the hundred and in the county ; and it was the bishop's duty to joyn with the sheriff in those courts , to direct and see to the administration of justice : and yet the canon had been above three hundred years foregoing in the negative . no case concerning the regiment of souls , shall be brought before the secular judge . the regiment of souls was a common place sufficient to contain any thing that was in order thereunto : and so every one that hath a soul , must be no more responsible unto the temporal judge for any matter concerning it , but unto the ecclesiastical power : and this not onely in case of scandal , as against the moral law or rule of faith ; but for disobedience done to the canons , made afar off , concerning any gesture or garb that may come within the savour of an ecclesiastical conceit . that all delinquents against the bishops laws , shall answer the fact in a place appointed by the bishop to that end . so as now the bishop hath gotten a court by the statute-law , that had formerly no other cards to shew but that of the canon ; and a court of such place as the bishop shall appoint , however inconvenient for distance or uncertainty it be . that the tryal of such matters , shall be according to the law of the canon , and not according to that of the hundred . that is , not by jury , but by witnesses , in a clandestine way , if the bishop please ; or without any accuser , or by more scrutiny , or any other way that may reserve the lay-man to the breast of a prepossessed spirit of the spiritual judge . and thus the poor country-man is exposed to the censure of an unknown law , in an unknown tongue , by an unknown way ; wherein they had no footing , but by an implicit faith. and herein the providence of god ( i imagine ) was more manifest than the wisdom of man , which was too weak to foresee events at so great a distance : for questionless it was a point of excellent wisdom , for the people ( now under a king of a rugged nature , that would not stick to catch whatsoever he could get ) to deposit part of their liberties into the hands of the clergie ; from whom moderation might be expected , as from friends and neighbours , and ( as partners in one ship ) mutual engagement to withstand the waves of prerogative of kings , that seldom rest till they break all banks , and sometimes over-reach their own guard , and cannot return when they would . and thus it fell out : for many times the pope and clergie became protectors of the peoples liberties , and kept them safe from the rage of kings , until the time of restitution should come ; and became not onely a wall of defence to the one , but a rock of offence to the other . for the tripple-crown could never solder with the english , nor it with that ; the strife was for prerogative , wherein , if the clergie gained , the crown lost ; and no moderation would be allowed . for the conquering king was scarce warm in his throne , whenas the pope demanded fealty of him for the crown of england ; and the king 's own good archbishop and friend lanfrank delivered the message ; as also anselm did afterwards to william rufus ; which though these kings had courage enough to deny , yet it shewed plainly that the popes meaned no less game than crown-glieke with the king and people ; the archbishops and bishops holding the cards for the pope , while in the interim he oversaw all . the norman kings thus braved , paid the popes in their own coin , and refused to acknowledge any pope , but such as are first allowed by their concurrence . thus have we the second bravado of the canon-law ; for as yet it was not so fully entered , as it seemed . the words of the act of parliament , it 's true , were general ; yet their sence was left to time to expound , and the course of succeeding affairs nevertheless passed with a non obstante . for whereas in those days the clergie claimed both legislative and executory power in church-matters , the normans would allow of neither , but claimed both as of right belonging to the imperial power of this island , originally and onely . as touching the legislative power , it is evident , that notwithstanding the canon that had long before this time voted the laity from having to do with church-matters ; yet the norman kings would neither allow to the metropolitans the power of calling synods nor such meetings , but by their lieve , although it was earnestly contended for . neither could the clergie prevail to exclude the laity out of their synods , being assembled , nor from their wonted priviledge of voting therein ; albeit that for a long time by canon it had been contradicted . the differences between the clergie and the kings , concerning these and other matters , grew so hot , that kings liked not to have any synods or meetings of publick council ; and archbishop anselm complained that william rufus would not allow any to be called for thirteen years together : which by the file of story , compared with that epistle , made up the king's whole reign . and this was questionless the cause that we find so little touch upon parliamentary assemblies in the norman times , kings being too high to be controuled , and bishops too proud to obey : but necessity of state , like unto fate , prevails against all other interests whatsoever ; and the wisdom of henry the first in this prevailed above that of his predecessors , as far as their will was beyond his . for it was bootless for him to hold out against the church that stood in need of all sorts to confirm to him that which common right ( as then it was taken ) denied him ; and therefore ( though it cost him much trouble with anselm ) he re-continued the liberty of publick consultations , and yet maintained his dignity and honour seemly well . i shall not need to clear this by particulars ; for besides the publick consultations at his entrance , and twice after that , for supply or aid for his wars , and the marriage of his daughter with the emperour , it is observed that the archbishop of canterbury summoned a council at westminster , but it was authoritate regia , and that there assembled magnae multitudines clericorum , laicorum , tam divitum quam mediocrium ; and that upon the third day the debate was de negotiis saecularibus nonnullis : the issue of all was , that some things were determinata , others dilata , and other matters propter nimium aestuantis turbae tumultum ab audientia judicantium profligata . out of which may be probably concluded , . that the laity as yet were present in councils with the clergie . . that they were all in one place . . that they all had votes , and that the major number concluded the matter . . that certain persons used to determine of the major number by the hearing , and that the votes were still clamore non calculis . . that they held an order in debating of affairs , viz. on some days ecclesiastical , and on other days secular . . that all matters concluded , were attested by the king , who , as 't is said , did give his consent , and by his authority did grant and confirm the same . and upon the whole matter it will be probable , that as yet councils , and those now called parliaments , differed not in kind , although possibly there might be difference of names , in regard that some might be immediately and mainly occasioned and urged by temporal exigences , and others by ecclesiastical ; but whether temporal or ecclesiastical the first occasion was , yet in their meetings they handled both as occasion offered it self . secondly , as the clergie could not attain the sole legislative power , so neither had they the sole juridical power in ecclesiastical causes : for not onely in case of errour in the ecclesiastical courts was an appeal reserved to the king's court , as formerly in the saxons time ; but even those things which seemed properly of ecclesiastical cognizance , were possessed by the king's court in the first instance , as that of peter pence , which was a church-tribute , and might be claimed to be properly the church-cognizance much rather than tythes : and yet by the law of this kingdom in the conquerour's time , it is especially provided , that defaults of payment of that duty shall be amended in the king's court , and a fine for default was given to the king , albeit that the bishop was made the collector , and the pope the proprietor . and many other particulars , which were holden to be of ecclesiastical cognizance , kings would draw them within the compass of maintaining the peace of the church , which properly belonged to them to defend ; and so had the cognizance of them in their own courts , and fines for invasion of the church-rights . but because this may seem but colourable , and by way of flattery of the churches right , and not in opposition thereof ; in other things it will appear plainly that kings were not nice in vindicating their own claim in matters which the clergie held theirs quarto modo ; as namely in the case of excommunication , a weapon first fashioned by the church-men , and in the exercise whereof themselves were in repute the onely masters ; and yet in this were mastered by kings , whose laws directed and restrained the swelling of that censure , and made it keep measure ; whose tenants and officers and servants must not be meddled with by this censure , but by the king 's lieve ; nor must they be called to answer but in the king's court. that right still remained to them after the spoil made by the hierarchy upon the rights of all the rest of the free-men , and therefore could not of right be called nova in the historians sence ; seeing that it was no other than the ancient custom used amongst the saxons before that the clergie had either purpose or power to reach at such a height as afterwards by degrees they attained unto . furthermore , the hierarchy , as they neither could possess the legislative nor juridical power in church-matters , so neither could they possess themselves : for as yet they were the king's men , and the more the king's men , because they now think a bishoprick but a naked commodity , if not robed with a barony . nevertheless , before that ever they knew that honour , whatever the canon was for their election , yet both their title and power de facto was derived to them from the kings , who also invested them with staff and ring ; nor had the pope as yet ( though he had conquered the hierarchy ) possessed himself of their colours : but during all the norman times , the kings maintained that trophy of the right they had from their predecessours , notwithstanding the many assaults from rome , and treacheries of the cathedrals within the realm . and albeit sometimes kings were too weak to hold the shadow , yet the convention of the states did maintain the substance , viz. the right of election without intermission , as the examples of lanfrank unto the see of canterbury , and anselm and ralph his successours , and of thomas into the see of york , and ralph coadjutor to thurstan archbishop of the same see , and of gilbert into the see of london , besides others , do sufficiently set forth . whether it was because the convention of states was more stout , or that the bishops , now wedded to temporal baronies , were so unquestionably interessed in the publick affairs of the commonwealth , that it was against common sense to deny the states their vote and cognizance of their election , i cannot determine ; yet it is a certain truth , the more baron , the less bishop , and more unmeet for the service of rome : politickly therefore it was done by kings to hold these men by a golden hook ▪ that otherwise had prostituted themselves to a forreign power , and proved absolute deserters of their countries cause , which now they must maintain under peril of the loss of their own honour . in the next place , as they were the king's men , so their bishopricks and diocesses were under the king's power to order , as by the advice of the bishops and baronage should be thought most convenient ; either to endow another bishop with part thereof , and so to make two diocesses of one , as befel in the case of the diocess of lincoln , out of which the diocess of ely budded in the time of henry the first ; or to endow a monastery or other religious foundation with part , and exempt the same from all episcopal or ordinary jurisdiction , as in the example of the foundation of the abbey of battel in sussex , in the time of william the conquerour , may appear . lastly , whatever the first intention of this recited statute were , it may probably be judged , that it was but a noise to still the clergie ; and that it never had more than a liveless shape , not onely in regard of the before-mentioned particulars , but especially in regard of that subservient law of henry the first concerning the county-court , which reciteth it as a custom in his time used , that the bishop and earls , with other the chief men of that county , were there present as assistants in directory of judgment . and that in order are handled first , matters of the church : secondly , crown-pleas : thirdly and lastly , common-pleas . however therefore the kings spake fair , they either acted not at all , or so coolly , as the current of the custom was too strong ; but most probable it is , that the kings spake fair till they were setled in their thrones , and afterwards pleased themselves : for by the general thred of story , it may appear that the clergie in those times were more feared than loved , and therefore ridden with a strait rein. the prelacy on the contrary grew unruly , yet too weak for the rugged spirits of the norman kings ; they are glad to be quiet , and the pope himself to drive fair and softly , as judging it expedient potestatem regalem mitius tractandam , and continued that course and posture till the calmer times of henry the first ; wherein they mended their pace , and got that without noise which they had long striven for , viz. the preheminence and presidency in the synods , though the king himself be present ; and ( if the historian writeth advisedly ) the whole ordaining , or legislative power , for so runs the stile or phrase of the author , archiepiscopi & episcopi statuerunt in praesentia regis , as if the presence of the king and his barons and people , were but as a great amen at the common-prayer ( after the old stamp ) to set a good colour upon a doubtful matter , to make it go down the better . how the kings brooked this draught , i cannot say ; but it hath made the kingdom stagger ever since , and it may be feared will hardly recover its perfect wits , so long as the brains of the clergie and the laity thus lie divided in several cells . chap. xlviii . of the several subservient jurisdictions by provinces , marches , counties , hundreds , burroughs , lordships , and decennaries . had the normans owned no other title than that of conquest , doubtless their mother-wit must needs have taught them the expediency of preserving the particular subservient jurisdictions of the kingdom entire and unquashed , if they regarded either the benefit of their conquest , or reward of their partners and allies ; unless it should be allowed unto conquerours to be more honourable for them to do what they will , rather than what is meet . but hereof there is no cause of question in this present subject ; for nothing is more clear than that wales enjoyed in the conquerour's time , and for ages after him , its ancient liberties , tribute excepted : nor did conquest ever come so nigh to their borders , as to trench upon the liberties of the marches . for as it had been a piece of state-nonsence to have holden two sort of people under conquest , and their marches in freedom ; or to preserve them in good neighbourhood by marches , which by the law of conquest were made one : so was it no less vain , if all had been once subdued by conquest , to have raised up the liberties of the marches any more . and as they had less cause to have invaded the bounds and ancient limits and partitions of the counties , so , questionless , had they so done , they would have taken the old course of the micklemote , as they did divide the diocess of lincoln into two diocesses , by advice of the bishops , princes , and other wise and holy men , and turned the abbey of ely into a bishop's see. but it was their wisdom to preserve the ancient land-marks ; and no less both wisdom and care , to continue their due priviledges and interests to each . every county had its court , and every court its wonted jurisdiction : no complaint must be to the king's court , if right may be done in the county ; no distress must be taken but by warrant from the county , and that must be after complaint thrice made . the county-court must be called as our ancestors have appointed : such as will not come as they ought , shall be first summoned , and in case of default distrained ; at the fourth default , the complainant shall be satisfied out of the distresses so taken , and the king also for his fine . these are the express laws of the conquerour's own establishment ; the last of which also hen. . confirmed by another express law , saving that he would allow but of two summons and two distresses , before execution . and as it was one principal work that he undertook to reduce the laws into course , which had been intermitted during the violent times of his father and brother , ( the first of whom never had liberty for reformation , and the latter never had will ) so amongst other laws he setled those concerning the county-court ; namely , . that the bishops , earls , and chief men , should be present for direction . . that it should be holden once each month . . that the church-matters should precede , and then the crown-pleas . and lastly , the common-pleas ; besides some other particulars concerning pleading , and proceedings in the handling of causes . neither were these causes of a petty regard onely , but of greatest concernment : one example i shall remind the reader of , and not recite in terminis , but refer to mr. selden's own pen. the occasion was this : odo the conquerour's half brother , was by him made earl of kent , and therewith had the gift of a large territory in kent ; and taking advantage of the king's displeasure at the archbishop of canterbury , possessed himself by disseism of divers lands and tenements belonging to that see. lanfrank the succeeding archbishop being informed hereof , petitioned to the king that justice might be done him secundum legem terrae : and the king sends forth his writ to summon a county-court . the debate lasted three days before the free men of the county of kent , in the presence of many chief men , bishops and lords , and others skilful in the laws ; and the judgment passed for the archbishop lanfrank upon the votes of the free men . this county-court was holden by special summons , and not by adjournment , as was allowable by the saxon law upon special occasions : and this suit was originally begun and had its final determination in the county-court , and not brought by a tolt out of the hundred-court , as is supposed by an honourable reporter ; nor by the ancient laws could the suit commence in the hundred , because the lands and tenements did lie in several hundreds and counties . the upshot of all is , that the county-courts in those days were of so great esteem , that two of the greatest peers of the realm , one a norman , the other an italian , did cast a title in fifteen mannors , two townships , with many liberties , upon the votes of the free-holders in a county-court , and that the sentence was allowed and commended by the king , and submitted to by all . in the next place we are to come to the hundred-courts , of which there are by the normans allowed two sorts ; the first whereof was holden twice a year : this was formerly called the torn , and was the sheriff's court ; hereof little notice is taken , saving that by the laws of henry the first its work seems to be much designed to the view of free pledges . but the more ordinary court , is that which belongs to the lord of the hundred , unto whom also belong the fines in cases there concerned . this court is to be holden once in each month ; and no suit to be begun in the king's court , that regularly ought to begin in the hundred . no distringas shall issue forth till three demands made in the hundred . and three distresses shall then issue forth ; and if upon the fourth the party appear not , execution shall be by sale of the distress , and the complainant shall receive satisfaction . but by the latter laws of the same king , there are but two summons allowed , and then two distresses ; and in case no appearance be , execution shall be for the complainant , and for the king 's fine . lastly , as the case concerned either persons or places , sometimes they used to joyn several hundreds together into one court : but this was by special commission or writ . as touching inferiour courts of towns and mannors , there 's little observation to be had , being of too private a regard to come into fame in those rough times : yet in hen. the first 's laws it is ordered that town-courts should meet every month , and that lords should hold pleas either in their own persons , or by their stewards ; and that the chief man in the parish , with four other of the chiefer sort , and the minister or parish-priest , should joyn their assistance in that work . but in nothing more did the norman kings shew their paternal love to the commonwealth , than in the law of pledges or decenners : for as of all other beauties , this suffered most blemish from the storm of the norman invasion ; so was it their especial care to renew the life thereof , not now amongst the natives onely , but joyning the normans to the saxons in the same bond of brotherhood , utterly drowned thereby all memory of lordly power ; and so of divers peoples making one , conquered even conquest it self , if any were , and made all joynt-partners in one common liberty . every free-man must be under pledges to satisfie justice , in case of delinquency . over every nine persons under pledges , there must be one man in authority . view of free pledges must be , to see that the decennaries be full ; and if any be departed , to enquire the cause : and if any be come in , whether he be under pledges or not . and thus the norman kings had their people under treble guard : one of fealty , the other of association , and the third that of pledges ; and all little enough to secure that which they in their own consciences might have some cause to question whether it belonged to them or not . chap. xlix . of the immunities of the saxon free-men under the norman government . the freedom of an english-man consisteth in three particulars : first , in ownership of what he hath : secondly , in voting any law , whereby that ownership is to be maintained : and thirdly , in having an influence upon that judicatory power that must apply that law. now that the english under the normans enjoyed all this freedom unto each man 's own particular , besides what they had in bodies aggregate , may appear , as followeth : the free-men of england were such as either joyned in the war with harold against the normans ; or such as absented themselves from the way of opposition or enmity , and were either waiting upon their own affairs , or siding with the normans . and questionless all the sadness of the war befel the first sort of the english , whose persons and estates ( to make the ways of the first norman william regular , and of one piece ) never fell so low as to come under the law ( or rather the will ) of conquest ; but in their worst condition were in truth within the directory of the law of forfeiture for treason against their soveraign lord , whose claim was by title , as hath been already noted . the other sort either did appear to be the normans friends , or for ought appeared so were : and so never offending the law , never suffered any penalty ; but held their persons and possessions still under the patronage of law , as anciently they and their ancestors had done . and that this was the normans meaning , they publish the same to the world in a fundamental law , whereby is granted , that all the free-men of the whole kingdom shall have and hold their lands and possessions in hereditary right for ever . and by this being secured against forfeiture , they are further saved from all wrong by the same law , which provideth , that they shall hold them well or quietly , and in peace , free from all unjust tax , and from all tallage , so as nothing shall be exacted nor taken , but their free service which by right they are bound to perform . this is expounded in the laws of h. . cap. . that no tribute or tax shall be taken , but what was due in the confessor's time . under the word tax is understood monetagium commune per civitates , or comitatus ; so as aids and escuage are not included , for they are not charged upon counties and cities , but upon tenures in knight-service ; nor was dane gelt hereby taken away , for that was a tax in the confessor's time , and granted by parliament . so then the norman kings claimed no other right in the lands and possessions of any of their subjects , than under and by the law or common right ; and they conclude the law with a sicut , which i thus english , as it is enacted to them , ( or agreed by them ) and unto them by us given and granted by the common-council of our whole kingdom . i leave the words to be criticized upon as the reader shall please ; being well assured , that the most strained sence can reach no further than to make it sound as an estoppel or conclusion to the king and his successors to make any further claim unto the estates of his subjects than by law or right is warrantable ; under which notion conquest never did nor can come , as shall more fully be manifested hereafter . but the right genius of this law will also more evidently appear by the practice of those times , which , even when justice it self did most importune , so tenderly regarded the liberty of mens estates , that no distress could issue without publick warrant obtained ; and upon three complaints first made , and right not done . and when rape and plunder was in the heat , and men might seem to have no more right than they had power to maintain ; yet even then this law was refuge sufficient for such as were oppressed ; and was pleaded in bar against all usurpations and intrusions under pretext of the conquerour's right whatsoever ; as by the case of edwyn of sharneburn may appear . secondly , the freemen of england had vote in the making of laws , by which meum and tuum was bounded and maintained , as may appear by what hath been already said ; nor shall i endeavour further therein . thirdly , they had an influence upon the judicatory power : for first , the matter in fact was determined by the votes of the freemen , as the laws of the conquerour , and of henry the first , do sufficiently manifest . secondly , they had an influence in the making of the sheriff , who , as well as the bishop , was by election of the people . thirdly , they had an influence upon all judges , by setting a penal law upon them in case of corruption ; which if not so penal as to take away life , was nevertheless penal enough to make an unjust judge to be a living pattern and example of misery , to teach others to beware . two things more must be added , though somewhat collateral to this purpose . concerning the right of the freemen in the common mint , and in their villains . concerning the mint , that the saxons having made it as parcel of the demesues of the kingdom , and leaving to the king onely an overseership , reserved the controul and chief survey thereof to the grand council of the kingdom , who had slated the same in the confessour's time . but after him the normans changed the current according to their own liking , till by henry the first it was reduced into the ancient course , allowing no money but such as was currant in the days of the confessour , whose laws also ( with some alterations by the conquerour , with common advice ) he also established . concerning the lords right to their villains , it is observable , first , that liberty of infranchisement was allowed ; which could never have been , had not the liberty of the subject been saved . secondly , that infranchisement properly is the work of the people , or the body ; and the lord was to deliver his villain by his right hand unto the sheriff in full county-court , and pronounce him free from his service ; and shall make room for him by free passage and open doors , and deliver him free arms , viz. a lance and a sword , and then he is made a freeman , as i conceive , to all intents and purposes . otherwise there might be manumission ; as if the villain remained in a city , borough , walled town , or castle , by a space of a year and a day , and no claim made to his service by his lord , he shall be thenceforth free from the service of his lord for ever : and yet this manumission could not conclude any but the lord , and his heirs or assignes ; nor could it enforce the body to allow that for a member , which was none before . thirdly , that notwithstanding they allowed the lords liberty of infranchisement , yet would they not allow them free liberty of disposing them as other chattels : nor by the law of the conquerour might they sell their villains out of the countrey , or beyond sea ; for the king had right to the mediate service of every villain , though the lord had the immediate ; and therefore that law might hold in force : nevertheless the ordinance that anselm made , that no lord should sell his villain , they would never allow for a law , nor did it hold in force . chap. l. a recollection of certain norman laws concerning the crown , in relation to those of the saxons formerly mentioned . i call them norman laws , because they were allowed by them , or continued in force , although many of them had their original from the saxons . one god must be worshipped , and one faith of christ maintained throughout the whole kingdom . this is found amongst the laws of the king william published by mr. selden , and was for substance in the saxons time , saving that we find it not annexed to the crown summarily until now ; so as by this law heresie and idolatry became crown-pleas . and the like may be collected concerning blasphemy , concerning which it is said , as of the servant's killing his lord , that it is impardonable : nor could any man offend herein , but it endangered his whole estate . the trial of these crimes is not found particularly set forth . it might possibly be in the meeting of the clergy , and possibly in the county-court of the torne where the bishop was present jura divina edocere . peter-pence , ciricksceat , and tythes , must be duly paid . these are all saxon laws united to the cognizance of the crown , as formerly hath been shewed : only the first william especially provided , that in case any man worth thirty pence in chattels did pay four pence for his part , it should be sufficient both for himself and his retinue , whether servants or retainers ; and defaults in payment of these duties were finable to the king. invasion upon the right of sanctuary fined . this i note , not so much in relation to any such law amongst the saxons , as to the future custom , which now began to alter , according to the increase or wane of the moon . i do not find this misdemeanour to be formerly so much taken to heart by the crown ; nor possibly would it have been at this time , but that the king must protect the church , if he mean to be protected by it : and it was taken kindly by the church-men , till they found they were able enough to defend their own right by themselves . amongst all the rest of church-rights this one especially is confirmed , viz. that any delinquent shall have liberty of sanctuary to enjoy both life and member , notwithstanding any law to the contrary . this priviledge was claimed by the canons ; but it must be granted by the temporal power , or else it could not be had ; and though it be true that kings formerly did by their charters of foundation grant such privileges in particular ; yet could not such grants create such immunities contrary unto , or notwithstanding any publick law of the kingdom ; and therefore the monasteries had their foundations confirmed by parliament , or general assembly of wise men , if the first foundation was not laid thereon . working upon the feast-days punished by fine . before this time no days for solemn worship of god were acknowledged by the law of the kingdom but the lord's days . by this all days celebrated or instituted by the church for that purpose are defended by the civil power , and breach of the holy observation of these days made enquirable , and punished amongst other pleas of the crown . breach of the peace , bloodshed , and manslaughter , punished by fine . this was the ancient law of the saxons , and was continued without alteration till about alfred's time , whose zeal against blood caused murther to be punished with death ; but the danes bringing in a moderation , if it may rightly be so called , are now seconded by their kindred the normans , who will not admit of punishment by death , partly because being a warlike people , bloodshed might seem to rank itself under the regiment of valour ; and partly because they owed much to that title for the possession of all that they had gotten in england . and to prevent scandal , entring upon the rear , opinion stept in , that a miserable life was more penal than death ; and therefore in crimes of the deepest die , they came to fine and loss of member : and which course prevailed most , either to stop or enlarge the course of that sin , was left to the disposition of such as intended to make trial . but in matters of less malignancy , the purss rather smarted than the body , wherein they proceeded so far as to punishment of death by violence ; yet was not the fine to be measured by the judgment of the mercy or rigour of any person , but only of the law itself , which set down in certainty both the nature and quantity of the fine ; and left that memorial upon record of a good mind at least to an equitable and just government . in all these cases of breach of peace , the king's court becomes possessed of the right of cognizance , and the peace is now called the king's peace ; not so much because that it is left only to his providential care to maintain , as because the fines for most of those crimes pertained to the king : for otherwise there is a sort of crimes that are contra pacem vicecomitis , as will be more cleared hereafter . i shall conclude this subject with these three observations : first , that the laws in those ancient times of the normans were so general , as they then made no difference between places or persons ; but whether the peace was broken upon holy or common ground , or upon a lay-man , or one in orders , the lay-power seized upon all . the second is the care they had for apprehending of the offenders in this kind . if the party slain were a norman or frenchman , the lord of the manslayer was charged to have him forthcoming within a certain time , or pay the kings fine of marks , so long as he had wherewith to satisfie , and for what remained the whole hundred was charged . but if the party slain were of any other people , the hundred was immediately charged with the manslayer , and must bring him to answer within a certain time , or pay the kings fine . the third and last is , the care they had to prevent breach of peace for the future ; first in setling of night-watches by all cities , burroughs , castles , and hundreds , in such manner as the sheriff or chief officers by common-council shall advise for the best safety of the kingdom . secondly , in forbidding entertainment of unknown persons above three days , without surety for their good abearance , or becoming their pledge for the publick safety , nor to let any persons pass away without testimony under the ministers and neighbours hand of their good carriage . a man committing adultery with a married woman , shall forfeit to his lord the price of his life . this made the crime enquirable at the common-law , as an offence contra pacem domini ; but afterward it was sinable to the king , and enquirable amongst the pleas of the crown by the law of henry the first . force upon a woman , to the intent to ravish her , is finable ; but if a rape be committed , it shall be punished with loss of member . the crime and offences against this commandment were always punished in the temporal courts , by fine at the least ; and are still in the normans time prosecuted in the same way , notwithstanding the growing authority of the canon . robbery is finable . the different law between the saxons , angles , and danes , now by the normans is setled in the more merciful way ; and in case the delinquent made flight , the pledge satisfied the law for him . but in the latter times of henry the first the law was again reduced to the punishment of this crime by death , and so hath continued . there shall be true weights and measures throughout the kingdom , and those shall be sealed . and this was the constant saxon law. perjury to be punished by fine , and as formerly still inquirable amongst the crown-pleas . chap. li. the like of laws that concern common interest of goods . if cattle be taken by distress , the party that will replevy them shall pay for the return of the cattle , and give security to bring the distress into the court , if with within a year and a day it be demanded . this law i take to be intended where the cattle are taken damage feasant ; because nothing shall release the distress in other cases , but obedience to the summons . no distress ad comparendum shall be taken but after three several summons , and so many defaults made ; and in such case distress shall issue by especial order from the county-court . i noted this partly to shew the difference of the normans from the saxons in the delay of execution of justice by so much mean process , and partly to shew the difference between the norman times , and these days wherein mens cattle lie open to the distress of every oppressing or extorting bayliff or unknown person , and no summons made at all , whereby many poor mens estates are either undone , or they must submit to the unjust demands of their adversary . no manner of goods of above four pence in value shall be bought , unless in the presence of four witnesses of the town . and the vendor shall satisfie out of his own estate , if the sale be not effectual , and in case the vendor have no warrant for such goods by him sold. no living cattle shall be sold , but onely in cities , and before three witnesses ; nor shall any thing forbidden be sold without warranty . no fairs or markets shall be holden , but onely in cities , boroughs , wall'd-towns , and castles . these laws concerning sales and markets were ancient saxon laws , and tend all to the avoiding of cheating men of their cattle by surreptitious sale of them made by such as had no right . goods found shall be published by the finder to the neighbourhood ; and if any makes claim and proof of them to be his , he shall have them , giving security to bring them into the court , in case any other shall within a year and a day make his claim thereto . the children of persons intestete shall equally divide the heritage . this is in terminis the saxon law ; and therefore concerning it i shall refer to the same formerly recited ; onely i shall add hereto the law of henry the first , which may serve as an explanation of the former . any freeman may devise his chattels by will : and if he die intestate , his wife , children , parents , or next kin shall divide the same for his souls good . the first branch whereof was ancient , and doubtless in continual use ; but the iniquity of the norman rude times was such , that the lords under surmise of arrears or relief , would seize all the personal estate after the tenant's death , and so the right of last wills was swallowed up ; but this restoreth the power of last wills into it's place , an● in case the party died intestate , preserveth a kind of nature of descent , although they be more personal . nor doth that last clause of the souls good , disanul the same , although the words may seem to carry away the benefit to some other hand . for the whole matter is left to the discretion of such as are next to the intestate . chap. lii . of laws that concern common interest of lands . the laws that concern lands , and peculiarly belonging to the normans , are such as concern principally the tenure of lands ; which if duly considered , although savoured somewhat of the king , yet little of the conquerour . for generally it must be granted , that tenures long before and after this time , were , as the services , ordered according to the will of the giver , in which as the king had the greatest share , and he the most publick person of all : so were his donations ordered chiefly to advance the publick service ; and in this regard the tenure by knight service might more principally challenge the king's regard , than the regard of all the great men besides . but this was not the sore , yea , rather it was the beauty and strength of the kingdom ; and for which the king deserved an honourable name above most of his progenitors , who had not so much land to dispose of as he had , and therefore could not advance that service in any proportion equal unto him . the sore that caused so many sighs , was the incumbrances raised upon this most noble and free service , which through the evil of times by this means became the most burdensome , and the onely loathed and abhorred service of all the rest . i say through the evil of times ; for it cannot lodge in my thoughts but that in the norman times the incumbrances were nothing so great as of latter ages , and that much hath been imputed to the laws of the conquerour , which they never deserved , as may appear in these particulars , which the laws of henry the first have preserved in memory . tenant of the king , or other lord , dying , his heir shall pay no other relief than what by law is due . that which by law is due , is set down in the laws of william the conquerour . the relief of an earl. horses sadled and bridled . helmets . coats of mail. . shields . spears . swords . chasers palfray bridled and sadled . the relief of a baron . horses with saddles and bridles . helmets . coats of mail. shields . spears . swords . chasers palfray bridled and sadled . the relief of a vovasor to his lord. his best horse . his helmet . his coat of mail. his shield . his spear . his sword. or if he had no arms , then he was to pay s. the relief of the country-man is the best beast that is in his possession ; and of him that farmeth his lands , a years rent . these are the reliefs due by law , and now setled in goods or arms , but afterwards turned into money ; and it is likely that the ill customs in the former times did extort both money and arms , or such sums of money as they pleased : and by the very words of the law , it seems they had brought it to an arbitrary power , to take what they could get , and yet all against law. the kings tenant shall advise with the king in marriage of his daughter , sister , niece , or kinswoman ; and his widow in like manner . the sence hereof in short is , that these might marry at their own will , without paying fine or composition to the lord ; and yet must have the liking of the lord so far as to declare whether the man intended were his enemy or not , and fit to perform knight-service . this law was therefore grounded upon the present distress of affairs , wherein the nation was unsetled , and common right having established a mutual trust between lord and tenant , found out this means to preserve the same : for if the marriages of those that are related to the tenant in such manner as may inherit part of all his lands , or have joynture therein , should be left altogether at the liberty of the tenant or his widow ▪ it must needs follow , that the mutual trust between lord and tenant must fail , and the publick receive damage . and therefore if this custom were of norman birth , it was begotten upon a saxon law , and might the rather be owned by the english. the widow of the king's tenant , having children , shall have her dower and portion so long as she keeps unmarried . the portion here is in the latine word maritagium , which i take to be the marriage portion given by the husband according to the saxon custom , whenas the dower in land was not in use ; whereof is spoken formerly in that chapter of dower . and the normans were necessitated to introduce this custom of theirs with themselves , partly because it was a priviledge which was their own by birth , and it could not be waved without an evident wrong done to the wives of these men who had ventured their lives in that service ; but principally because it would not consist with the work in hand to disclaim that custom which must needs be of infinite consequence in the effecting of what was principally sought after , viz. the union of the two peoples , normans and saxons , into one : i say , it was principally sought after by the norman conquerour , if not led thereto by his own genius , yet necessitated thereto by force of reason of state , as shall appear hereafter . and what could be imagined a more ready way to stay the effusion of bloud , and all other unhappy events of enmity , than by taking away enmity it self ? or a more speedy and certain course for union , than to reduce the men and women of each people to mutual society , and to seal up all by a lasting bond of marriage ? or greater encouragement for the comfortable proceedings therein , than the setling of the constant maintenance of the wife , in case of survivorship , by the law of dower of the lands and tenements of the husband ? which was so full of contingencies and uncertainties in the portion of goods that was by the saxon law appointed to the wife in such case . nor was this all ; for by marriage thus made to the normans , they had a great hold , not so much over the english , as in the english ; and that not onely during coverture , but by reason of this title of dower , the women became tenants , and under the lords wing , so as they durst not willingly and illegally offend their lord in their widowhood , nor by law nor reason match themselves and their dowry to any other that was not first allowed by the lord to be in friendship with him : and thus became the tenants widows to be at the liking of the lord for their marriage . and the like hereto may be said concerning the husband in case of tenant by the courtesie ; and however by the norman former practice it was much disturbed , yet by henry the first it was again reduced to its former right , rather than original arising from his grant , as some hold , and proved advantageous for the ends aforesaid . now as touching their marriage-portion of goods , because the saxon law had already endowed them thereof , they could not be induced to lay down their known ancient right , till they found the new law of dower to settle ; and so for some time both laws were in force , until the more ancient saxon law had an honourable burial . nevertheless for the present , the law abridged that right so far as to limit it to the widow during widowhood , according to the former saxon-law . upon consideration of all which , it may well be conceived that the power of the lords in consenting or dissenting to the marriages of their tenants , widows , and wards , was not so much an usurpation upon the common right of the english subjects , as a custom rationally , and with great wisdom , as the course of affairs then stood , upholden and allowed amongst them , principally for the speedy setling of a peaceable government , and consolidating of two nations into one , and wherein england was then so happy as to come to a conclusion in seven years , which cost their ancestors night two hundred years experience with the britains , besides a world of bloud-shed that might have been spared , e're they could find out the right way to a desired peace by mutual marriages had between them . such widow shall have the custody of the lands of such children , or otherwise such other person as by right ought to have the same . this is the first news of wardships that passed abroad cum privilegio of a received law , which , together with the former , declare the right custom of the normans , and thereby the injustas consuetudines quibus anglioe regnum opprimebatur , viz. arbitrary relief taken of the tenant's estate , arbitrary marriages made of their peersons , and arbitrary grants of guardianship of their lands : for as yet oppression was not so high-flown as to cast the government of the persons of their wards out of the view of the lords provisionary care , upon adventure of the next in law , whether man or woman , wise or unwise , under pretence to train him up in military service fit for the lord 's own safety , and the kingdoms lifeguard : but it was the proper ground of the lord 's own seisure and right of wardship , he being looked upon by the eye of common reason as the onely meet man that both could and would effect that work , so as might be most advantageous to the publick ; which seemed to be chiefly concerned herein . and upon the same general ground the survey of fools accompanied the former , albeit it was not in practice till henry the first brought it in , as the mirror of justice saith ( fol. . ) yet it came upon an ancient foundation laid in the time of the danes . for my own part , i will not dispute the point whether this custom of wardship was purely norman , or whether it was derived from the saxons anciently , who possibly might have some respect to orphans , in such cases to train them up for the publick service in point of war ; especially being possessors of a known right of relief , as well as alfred the saxon king did undertake the work for the training of some such particular persons in learning for the service of the publick , in time of peace and civil government . yet thus much appeareth , that guardianship of lands was a known custom , enough to make and maintain a right ; and that it by law was a right belonging to some persons before others ; and that this had been a custom before the former unjust customs crept into the government of the conquerour , and principally of his son rufus . and though it be questionable whether it setled first upon the normans or the english , yet it is manifest that if one people had it , the other people now coming into union with that people , could not in reason except against that custom which the other people had taken up upon so honourable grounds as reason of state , which as the times then were , was evident and superlative ; especially the customs being under the regulating of law , and not of any arbitrary power ; and can be no presidents of relief , marriage , and wardship that after-ages usurped . tenants in knight-service shall hold their lands , &c. acquitted of all taxes , that they may be more able to provide arms , and be more ready and fit for the kings service , and defence of the kingdom . this law , whether it be a renewing of a former custom , or an introduction of a new law , it is clear it was upon an old ground : that tenants by knight-service must be ready for the service of their lord , and defence of the kingdom ; whereof afterwards . but the law is , that these men shall hold their lands of that tenure acquitted of all taxes , though legally imposed upon the body of the kingdom , which must be conceived to be for the publick benefit , viz. either for the preparation or maintenance of publick war ; for in such cases it hath been in all times held unreasonable , that those whose persons are employed to serve in the wars , should hold lands doubly charged to the same service , viz. to the defraying of their own private expences in the war , and maintenance of the publick charge of the same war besides . chap. liii . of divers laws made concerning the execution of justice . although in proceedings in cases of vindicative justice delinquents might seem to be left rather to the fury than mercy of the law ; yet so long as men are under the law , and not without the law , it hath been always held a part of justice to extend what moderation might possibly stand with the honour of the law ; and that otherwise an over-rigid and fierce prosecution of the guilty , is no less tyranny than the prosecution of the not-guilty : and although violence was the proper vice of these times , yet this point of honour must be given to the normans , that their sword had eyes , and moved not altogether by rage , but by reason . no sentence shall pass but upon averment of the complaint by accuser or witnesses produced . fine and pledges shall be according to the quantity of the offence . by these two laws of henry the first , the subjects were delivered from three great oppressions . first , in making them offenders without complaint or witness . secondly , in imposing immoderate fines . lastly , in urging extraordinary bail. forfeiture of felons lands is reduced to a year and a day . the normans had reduced the saxon law in this case unto their own last , which stretched their desire as far as the estate would bear ; but this being so prejudicial to the immediate lords , who were no offenders in this case , and so contrary to the saxon law , it was both done and undone in a short space by the allowance of henry the first . intent of criminal offences manifested by act , punished by fine or mulct . this by alfred's law was punished by talioes law , but now by a law of henry the first reduced to mulcts . mainperners are not to be punished as principals , unless they be parties or privies to the failing of the principal . this law of henry the first repealed the former law of canutus , which must be acknowledged to be rigorous , although not altogether without reason . no person shall be imprisoned for committing of a mortal crime , unless first he be attained by verdict of twelve men . by imprisonment , is intended close imprisonment , or imprisonment without bail or mainprize ; for otherwise it is apparent , that as well by the saxon as norman laws , men were brought to trial by restraint . appeals of murder restrained within the fourth degree . before this law , appeals were brought by any of the bloud or kin of the party slain : but now by henry the first restrained . the ground seems to be , for that affection that runs with the bloud , grows so cold beyond the fourth degree , that the death of the party is of so small account , as it can scarcely be reputed a loss of such consequence to the party , as to expose the life or price of the life of the manslayer unto the claim of such an one . and thus the saxon law that gave the satisfaction in such case to the whole kinred , became limited to the fourth degree , as i conceive , from the ecclesiastical constitution concerning marriage . two things more concerning juridical proceedings may be noted ; the one concerning speedy course of justice , wherein they may seem to justifie the saxon way ; but could never attain to their pace , in regard they yielded so much time to summons , essoyns , &c. the other concerns election of judges by the parties ; for this we find in the laws of henry the first . chap. liv. of the militia during the normans time . the power of militia is either the legislative or executory power : the legislative power without contradiction rested in the grand council of the kingdom , to whom it belonged to establish laws for the government of the kingdom in time of peace . and this will appear in the preparation for war , the levying of war , and managing thereof after it is levied . for the preparation , it consisteth in levying men and munition , or of money . in all which questionless will be a difference between raising of war by a king to revenge a personal injury done to the king 's own person , and a war raised by the whole kingdom , or representative body thereof , which is commonly done in defence of publick interest , and seldom in any offensive way , unless in recovery of a right possession , either formerly lost , or as yet not fully setled . now although it be true , that seldom do injuries reflect upon the king's person alone , but that the kingdom will be concerned therein to endeavour a remedy ; yet because it may fall out otherwise , and kings have taken occasion to levy war of their own accord , in such case they could neither compel the persons of their subjects or their estates to be contributary . and of this nature i take the war levied by harold against the conquerour to be , wherein the greatest part of the kingdom was never engaged , nor therefore did it feel the dint of the conquerour's sword at all ; and in this case the militia must be allowed to such as bear the purse : nor can it be concluded to be the militia of the kingdom , nor any part thereof , although the kingdom may connive thereat . but to set this consideration aside , as not co-incident at all with the norman engagements after they were crowned , and to take all the subsequent wars to be meerly defensive of the right of the crown , as in sober construction they will appear to be : as touching the levying of money , 't is evident that it lay onely in the power of the grand council of the kingdom ; for otherwise the laws were setled that no tax should be made or taken but such as were due in the confessor's time , as formerly hath been shewed . secondly , for the preparing of men and munition , it was done either by tenure , or by special law. as touching tenure , it was provided by way of contract , that those that held by knight-service should be ready with their arms to assist the king for the defence of the realm : so as they were not bound by their tenure to aid him in any other cases . others were also by especial law of the land bound to be ready for their service in that kind : for all the inhabitants of this kingdom held their estates under a general service , which by common right they are bound to perform , viz. in time of danger to joyn in defence of their country : this is the common fealty or allegiance which all men owe ; and which if neglected or refused , renders the party guilty of treason against his country , and his estate under the penalty of forfeiture , according to the old saxon law revived and declared by henry the first . thus the law made preparation for the war , both of men and arms. castles and forts were likewise either first made by the order of the grand council , or otherwise allowed by them , for the defence of the commons and the kingdom ; so was the law of william the first . the levying and managing of the war must not be denied de jure to belong to the representative body , so far as may consist with the directory part , for that it is a main part of the government of the kingdom in times of war : and therefore henry the first , amongst his laws made in the ordinary course of law-making , provideth for the ordering of men in the army in the field ; and established a law , that such as forsook their colours or associates in the field , during the battle , should be punished with death , and forfeiture of his whole estate . nor yet can it be denied but that de facto kings of their own accord , and by secret council , did direct therein ; either in the vacancy of parliament , which was the general case of the first times of the norman conquerour , and the whole reign of william rufus ; or by connivance of the grand council , while they saw nothing done but what was well done . nor can it be rationally said that kings by such advice as they have ( in the recess of the grand council ) levying war in defence of the publick according to rules , do otherwise than their duty ; or if the grand council look on , see nothing misgoverned , and say nothing , that they do other than is meet : for it must be remembred , that kings in their first original were rather officers for war than peace ; and so are holden by all antiquity , and as generals in war were called reges or imperatores , by the grecians , romans , and germans . and at such times as war was concluded , at the general meeting of the people they chose their dux or rex , call him which you please ; and he being chosen , all bound themselves to be at his command , and to defend his person . so as while a king keepeth within his place , in time of danger it is his duty first to stir himself , and stir up the rest ; to lead them and order them , as may be most for the publick defence , and to govern the army by such laws as are or shall be established by order of the publick meeting , and in case of sudden exigencies to use his own wits ; and in all this is the common liberty no whit infringed , in regard that all is for the publick defence , to which the knights are bound by their tenures , and all others by the law. and this was this kingdoms case in the normans time , that both leaders and souldiers , whether by election of the people , or prescription , yet all served for the defence of the kingdom . nor were they compellable to any other service inconsistent therewith , nor to stand to any judgement in such cases differing from , or contrary to that of the parliament it self . chap. lv. that the entry of the normans into this island , could not be by conquest . that in point of fact , the entry of the normans into england was not by conquest , will sufficiently appear from what hath been already noted . i shall make one step further , and shew , that as affairs then stood with the conquerour , it was impossible for him to merit that name against the stream of providence , that had pre-engaged him to three sorts of men , viz. the normans , the clergie , and the commons of england . it must be taken for a ground , that duke william must give all fair correspondency to the normans , considering they are members of his own body , and the arm of his strength , without which he could do nothing . and it is not less certain , that however the sea divided the two countries , yet long before the arrival of the army , the normans and saxons were so well acquainted by the latter access of the danes , that partly by marriage and other interests , the normans made so great a party in england , as that party merited no less from the duke in his entrance , than those he brought with him : and therefore both they and their allies in all reason must expect such reward of their faithfulness to him , as the other had ; nor could the duke deny the same , unless he had disclaimed his own interests , whereof he had none to spare . secondly , their merit from the duke was accompanied with no less mutual relation to his army , being of the same blood with themselves , and of ancient acquaintance ; and as impossible it was for the duke to keep them from consociation with the mixed people , as to abstract the mixed people each from other ; one or both of which must be done , and the conquerours must be kept from incorporating with the conquered , or else the law of conquest cannot hold . thirdly , if these two had failed , yet had the duke by his manner of rewarding his army , disabled himself from holding , however he might seem to have by conquest . thus was his gift of mannors , lands , and franchises unto his souldiers , compleated with their ancient rights and priviledges in free service ; otherwise it had been little better than a trap to bring his own men into bondage , who lately were free souldiers under no better than a duke of their own election . and their government in their own country , however big , yet had not brought forth a soveraignty into the world ; their duke no compleat king , nor themselves so mean as vassals ; and it was equally difficult for him to get up higher , as for them to stoop lower . and however , it was dangerous now for the duke to try masteries , unless he meant to hazard all , and to change the substance for the shadow . lastly , to lay them all aside , and to take the normans as in themselves considered , a people under such laws and customs as were the same with the saxon , and originally in them , and from them derived into normandy by rollo , or some other ; or take them as a people willing to lay aside their own law , as some writers affirm , and more willing to take up the danish customs , which were also very nigh akin to theirs , and in part setled by the danes in that part of the kingdom where themselves most resided : it must be concluded , that a government by law was intended , and such a law that was no way cross to the fundamental laws of this kingdom , but concurring therewith ; in every of which regards , the future generations may justly claim their immunities as successours and heirs unto the normans , albeit no saxon could have enjoyed or derived the same to posterity . a second sort of men that made the king uncapable to hold by conquest , was the clergie , a considerable part of the kingdom in those days , whenas in every nation they grew checkmate ; and in this kingdom had well-nigh the one half of the knights fees , and thereby a principal part of the strength of the kingdom , besides the consciences of them all : and for a reserve , they had the pope in the rear , whose power in every kingdom was little inferiour to that of the king 's own , and therefore sufficient to stop an absolute conquest , unless the clergie were first conquered . but the king came in upon great disadvantages in both these regards : for whereas his pretence upon his entry was to advance justice principally toward the clergie , who formerly were wronged by harold , or voiced so to be ; this bound him from injustice and oppression . and furthermore , the pope had him in a double bond ; one as prince of the english clergie , the other as judge of the title of the crown by the king 's own election ; and that by sentence : for the king had merited of him , if not to hold the crown it self by fealty to the roman see , yet by such services , as that the tripple-crown should be no loser . the king therefore must resolve to have no more to do with the church than will stand with the pope's liking , unless he meaned to adventure himself and all he had into the danger of the great curse , of which the king would seem more sensible than perhaps he was . nor were those times of the church so moderate , as to bring forth church-men that would catch the good will of the laity by condescention ; or popes of that height of perfection , as to part with one tittle of their great titles , much less ought of that pitch of power which they had griped , though it would save the world from ruine . in all which regards , the norman duke was too far inferiour to attain by conquest any thing in this kingdom , wherein the pope or clergie claimed ought to have or do . a third sort of people avoided the dint of conquest , either by timely siding with the norman , or by constant resisting of him , or by neutrality . of the first sort were many , both lords and others , that by affinity and consanguinity were become english-men to the norman use ; others were purchased thereunto by the clergie , that were zealous for the pope's honour , that was engaged in the work. of those likewise that were resolute in the defence of the liberty of their country , there were not a few that purchased their liberty , who otherwise might under pretence of treachery have forfeited the same to the rapacious humour of the conquerour . and this was not done onely by valour ; for normandy stood in a tottering condition with their duke , partly drawn away by the french , that feared the duke would be too strong for them ; and partly declining their own further aid , lest their duke should be too great for the dutchy . it was therefore wisdom in the conquerour to settle the english aflairs in the fairest way , to gain them for himself , who had been so brave against him . but the greatest number , especially of the commons , looked on while the game was playing , as contented with the cast of the dice , whatever it should be . these were afterwards by the king looked upon , not as enemies ( as the president of edwin of sharneburn witnesseth sufficiently ) but such as either were , or by fair carriage would be made his friends ; and therefore he concluded them under a law of assurance , that they that had been so peaceable , should have and enjoy their lands as entirely and peaceably as they had formerly done before his entry . to conclude therefore this point ; if these three parties of the english normans , the english clergie , the stout english , and the peaceable english , be set aside from the title of conquest , it will be probable that not one tenth part of the kingdom were ever under other change than of the governour 's own person . chap. lvi . a brief survey of the sence of writers concernign the point of conquest . the clamours in story that the conquerour altered and made laws at pleasure , brought in new customs , molested the persons and estates of the people with depopulations , extortions , and oppressions , and others of that nature , have made latter times to conclude his government to be ( as of a conquerour ) meerly arbitrary , and that he did what he list . how different this conclusion is from the intent of those writers , i know not ; but if the king's title and government was as a conquerour , then was his will the onely law , and can administer no cause of complaint of wrong and oppression : and therefore if these be taken in nature of complaints , they declare plainly that there was a law in title , or else there could have been no transgression or cause to complain . but if the reader shall apprehend these passages in writers to be no other than sober relations , then were it not amiss to consider from what sort of men these complaints or relations do proceed , viz. from writers that have been cloystered men , little seen in affairs of state more than by common report and rumour ; prejudiced by the king's displeasure against their cloysters , and therefore apprehensive of matters in the saddest sence , and many times far beyond the truth , and might as well be supposed to mis-relate , as to mistake . for if we shall touch upon particulars , i think no man will deny but the king allowed property indifferently , as well to normans as english , if the premises be rightly considered : and therefore though somewhat be true of the plundering of houses of religion , persecuting of the english nobility , deposing of bishops and abbots , whereof they speak ; yet all might be deservedly done in a legal way , and in execution of justice , whereof histories are not altogether silent . nevertheless , if in the prosecution the king did shew a kind of rage , and some rashness , it might be imputed to the common infirmity of great men : for as oppression upon those that are inferiour , makes them mad , so doth treachery against them that are superiour make them little other ; especially if they be overtaken with a fit of passion in the instant , or their minds wrapped into a whirlpool of affairs . but the change of laws makes the greater noise ; wherein what change they suffered , may appear from the premises , if writers have dealt uprightly ; otherwise general imputations without particular instances , will never sway opinion contrary to the current of the laws that are published ; especially seeing we have observed the errour of the best historian of those times , in calling those things new , which were anciently used in england , before normandy was in a condition of a state. yet if this should be granted , and that there were such change of laws as is pretended , it makes nothing to the point of conquest , so long as the new laws are made by advice of common-council , and for the common good ; and so long as they are established to be rules for government . i remember it is affirmed by some of those ancient writers , that the duke or king would have brought in the customs of norway , but the earnest mediation of the english prevailed against it : and this evinceth two things to my opinion : first , that there was question made what law should be established . secondly , that notwithstanding the interest that the normans had in the kingdom , they could not prevail to bring in the whole body of their law , or of the customs of norway ; which were not onely the prima materia of their law , but also in kind had a setling at that very time in those places of this kingdom where the danes had their principal seat : and therefore not altogether strange to the saxons themselves . the sum of which will be this , that upon debate a law must be setled , and that not the law of the conquerour's own will , nor the law that suits with his desire ; but the ancient law of the kingdom : and therefore if at any time the unquietness of some of the english brought the king to some thoughts of arbitrary rule , and to shake off the clog of the saxon law , it was long e're it stirred , and sprang up too late to raise the title of conquest , and withered too soon to settle it . as touching the change of customs ( for that also is imputed to the conquerour ) it cannot be denied but some alteration might be in matters of smaller consideration ; yet are the writers not without mistake in the particular instances : for whereas they tell us that the conquerour took away the custom of gavel-kind , and brought the custom of discent to the eldest son ; and that kent saved their liberties , and continued this custom of gavel-kind : i shall not contend about the liberties of kent , but must , till i see better reason , hold the opinion of the change of inheritance to be a meer conceit . for ( besides what hath been already said concerning that custom of gavel kind ) if we believe glanvil , the difference was between lands holden by knight's-service , and in socage ; the first of which in his time , by ancient custom , always descended to the eldest : and those lands that were holden in socage ( if not partible by custom , in which case they went equally to all the sons ) went by custom in some places to the eldest , in other places to the youngest ; so as the rule of inheritance in the norman times was custom , as well as in former times . and furthermore , if the custom of gavel-kind had been the general custom of this nation , the king by his change had contradicted his own prerogative , and granted as great a liberty to his subjects as could have been invented : for had the custom of gavel-kind happened upon the lands in knight-service , it had brought all the sons under the law of wardship , and had made a ready way to enthral all men of worth , and undo all husbandry ; the first whereof had been as advantageous to the king 's private interest , as both destructive to the publick . nor is it clear from any author of credit , that the normans changed the tenures of lands ; albeit that it cannot be denied but such lands as he had by forfeiture , or otherwise , were in his own power to dispose upon what tenure he pleased : for as well before the normans time , as long after , tenures were like as the services were , all at the will of the donor ; and were of as many individuals almost as the minds of the owners . some being of more general regard and publick use , are recorded amongst the grounds of english laws ; none of which appear to me to be of norman original , although they received their names according to that dialect . the next thing objected , is the change of language ; which thing , some writers tell us , the king endeavoured ; or which is worse , to be so absolute , as to be absolute tyrant , and to publish laws in a foreign language , that the people through ignorance might the rather transgress , and thereby forfeit their estates . this ( if true ) so sar differed from the nature of a conquerour , as rather proveth that he was put to his shifts . nevertheless , the thing tasteth so much of spleen , as it might occasion distrust of other relations concerning this subject . for besides that it is nonsence for a conqueror to entitle himself by a cheat , where he hath an elder title by conquest ; i shall in full answer to that calumny , insert a passage of an historian that was in the continual view of publick affairs in those times , who speaking of the conqueror , saith , that he commended the confessor's laws to his justices , in the same language wherein they were wont formerly to be written , lest through ignorance the people might rashly offend . and another author saith , that the king had a desire to learn the english tongue , that he might the better know their law , and judge according thereto . it is probable nevertheless , that the laws were in the norman tongue ; and it is no less likely that the pleadings , in real actions especially , were also in the same language ; else must the normans be put to school to learn english , upon peril of loss of their estates . but that either the written laws were wholly concluded into the norman tongue , or that the publick pleading of causes by word of mouth in all actions where the issue was left to the country , were in any other language than english , no advised reader will conceive : seeing it had been a madness for an english jury to pass their verdict in any case wherein it is likely many of them understood scarce a syllable of the norman language , much less ought of the matter upon which their verdict should be grounded . adde hereunto , that it is not likely but the conquerour inhibited the use of the english language in all matters of publick record , inasmuch as the charters made by him to corporate towns and franchises , were sometimes in the saxon , more generally in the latine , but seldom or never in the norman dialect ; and that pleadings and indictments were entred in like manner in the latine tongue , as formerly by an old custom brought in by the clergie was used : for the clergie , who had gotten the key of knowledge and law into their own custody , laid it up it that language whereof the commons had little knowledge , that they might thereby be enforced to depend upon these men for justice , as well as for piety . the normans therefore either found it too hard to alter the former custom in such cases , or else thought it the wisest way to chuse the latine as a third language , indifferent as well to the normans as saxons , and best understood of any foreign tongue besides : and yet endeavoured to bring both peoples into one language , as they were intended to be one people ; and to press the use of the norman tongue in publick affairs , so far as might consist with good government and justice , leaving time and occasion to work the issue ; which doubtless was much , and had been more , had the norman race continued in the throne . but falling out otherwise , the english bloud prevailed in the head , and the language continued possession , mixed onely with some norman words , as the people also were a mixed people : so as the language was not changed , though it was altered . lastly , it is affirmed , that the normans did impose a new custom called coverfeu ; and it is thought by some to be a meer vassalage , that every man at the noise of the bell every night , must put out both fire and candle ; and yet it is a matter of so small concernment , that ( being in its own nature convenient ) scotland received it without such coercion : and it can be reputed for no other than a seasonable advice , which any corporation in time of danger might order within their own precinct , without transgressing the liberty of the subjects . of less consequence is that change , which is alledged was brought in by the normans in the sealing of deeds of conveyance , by setting a print upon wax annexed to the deed , which formerly was wont to be by setting a print upon the blank at the end of the deed ; and yet it is looked upon by some as a trophy of conquest or absolute government . concerning which , i will not dispute whether the normans first brought in this course , but shall rest in this , that the king being about to compleat the unity of the laws in the superstructure as well as in the fundamentals , if herein and in some other particulars the english submitted to the normans , they likewise stooped to the english law in other things : and therefore such concurrences ought not to be imputed unto a conquering power , but unto moderation amongst a company of wise men . thus having glanced at the changes of property , laws , tenures , language , and some customs , we come to that which is the main occasion of all these complaints ; i mean , unlawful taxes , afforrestings , and other such oppressions upon the estates of the people : concerning which i purpose not to contend ; for much thereof is like to be true . the norman kings ( especially the two williams ) were under continual occasion of expence , many wars , more provocations , which kept them ever in action , and that wrought their spirits into an immoderate heat , little inferiour unto rage ; and so they might soon out-reach their bounds , and sit heavie on the people : and in such occasions no man escaped , norman nor english , clergie-man nor lay-man ; nor did the kings themselves come off such gainers , but that they might sometimes put up their gettings into their own eyes , and see never a whit the worse . and yet to do them right , they were not always of such sad influence , but had their lucida intervalla ; especially he that had the least cause , i mean the conquerour , who certainly was a man of a serious regard ; and did not onely remit sometimes his rigour in exacting where he ought not , but also forbear to require that which he had some colour to demand : for whereas the dane-guelt was left unto him in the nature of an annuity , he was contented to turn it into a sum in gross , and to demand it onely cum ab exteris gentibus bella vel opiniones bellorum insurgebant ; and it was then done consultis magnatibus . these things thus considered , might have mollified somewhat the pens of angry writers ; and where they fail , may be caution to readers to consider occasions and dispositions of princes ; and so long as laws hold in title , to construe the irregularities of princes to be but as steps out of the path to avoid a little dirt , that a man may get home the more cleanly ; and therefore rightly can derive no other title of absolute soveraignty to their successours , than to hold by infirmity . and thus the government under the normans , at the worst , was but like that of childhood , following sudden and present desires , not wise enough to plot for absolute monarchy , nor to keep off a polity , which still rooted underneath ; though the fruit , while it was now green , was harsh and unpleasant . i shall conclude this norman discourse with this advertisement : that notwithstanding the words conquerour and conquest have often fallen from my pen , and hereafter may do the like ; yet can i see no reason why divers succeeding kings , coming to the crown by argument of the sword , and not by right of descent , may not deserve the laurel as well as the first norman king ; onely because fame hath fancied him that title , under a kind of prescription , i do the like . chap. lvii . of the government during the reigns of steven , henry the . richard the . and john. and first of their titles to the crown , and dispositions in government . i have cut out this portion of one hundred twenty and five years ( containing the reigns of these kings ) apart from their successours , in regard of their titles ; all of them being under one general climate , and breathing one air of election and compact between them and the people . now was the issue male of the stock of normandy quite wasted ▪ i mean , in relation to succession by inheritance : for although it was the lot of henry the first to have many children , yet it was not his happiness to have many lineal , nor to hold what he had ; nor of them all was there left above one that might pretend to the crown , and it a daughter , who was the great grandmother to all the succeeding kings till this day . onely king steven , like an unruly ghost , coming in upon the stage , troubled the play during his time . this daughter of henry the first was married to the emperour henry the fourth : and surviving him , was in her father's life-time acknowledged to be his heir , the sea having formerly swallowed up the remainder of his hope : unto her the lords sware fealty , as to the next successour in the throne after the decease of her father ; being led thereto by the instigation of her father , whose conscience told him , that the title to the crown by inheritance was weakned by his own precedent , himself coming to the same by election of the people , contrary to the title of his brother robert. nevertheless , this was not the first time that the english crown refused to be worn by practice ; for henry the first being dead , steven , the younger son to a younger sister of henry the first , put up head ; who being of the royal stem , a man , and a brave souldier , by the ancient course of the saxons , had title enough to be thought upon in a doubtful succession . besides , he was a rich man , and had enough to raise up his thoughts to high undertakings ; had a brother a bishop and legate to the pope here in england , one who was of a high spirit , and vast power ; advantages enough to have quickned a much duller spirit than his was , who was a son of a daughter to william the conquerour . and to make him yet more bold , he had the upper ground of the heir , who was a woman , disadvantaged by a whispering of wilfulness , and customary government like an empress : which was too high a sail for an english bottom , wherein so precious a treasure as the subjects liberties was to be shipped . thus provided , steven stepped up to the english throne , and with protestations of good government , entred , and made up the match both for crown and scepter , the people waving the title both of empress and heir . the pretensions of the e. of bloys elder brother to steven , gave way to the common law and liberties of the subject , to fasten , root , and gather strength , after the violence of the norman blasts was out of breath ; thus making way over hedge and ditch of all oaths , till the king was quietly setled in the throne . quietly , said i ? that i must retract ; for he never had quiet during his life , though generally he was victorious , and did as much as a king could do , that had the passions of a man and souldier , to give the subjects content . the true cause whereof , was an errour in the tying of the knot , wherein he neither became theirs , nor they his ; for the fealty that was sworn to him , was but conditional , and eousque : and yet the king's promises were absolute , and better observed than the peoples were , possibly because his engagements were more . for besides his protestations , the king pledged his brother the legate to the people , and mortgaged himself to his brother ; and to boot , gave both to the clergie and barons liberty to build and hold castles for their private security : the issue whereof may remind , that too much countersecurity from the king to the people , is like so many covenants in marriage , that make room for jealousie , and are but seeds of an unquiet life . and thus it befel this king's reign . his first troubles are brought in by historians , as if they dropped from heaven , yet probably came immediately from without , viz. from beyond sea , where the empress was : for as the king's engagements were in their first heat on the one side , so was also the empress's choler on the other side ; and therefore might make the first assault . and the king 's first success therein falling out prosperously for him , gave him a conceit that he was strong enough to encounter his own covenant , although in truth he invaded but the skirts thereof ; i mean , that collateral security of castles : for by experience he now feels that they are blocks in his way , he must therefore have them into his own power . but the clergie ( loth to forgo their pawn till they had their full bargain ; for now they were working hard for investitures of the mitred clergie , under the patronage of a legate that had the king in bonds ) acted their parts so well , as they engaged the nobility for their liberty of castles ; in which atchievement the king was taken prisoner . the empress betakes her self to the clergie , and by the legate's means , procures a kind of election to be queen : but she sick of the womans humour , and thinking too much of the empress , and too little of the queen , and forgetting that the english crown would not fit an empress , unless she could fit her head first to it , choaked her own title by prerogative , and so let the crown slip through her own hands ; which fell upon the head of steven again , who maintained it by his sword , after by composition , and then died a king. and thus like a vapour mounted up by the clergie , tossed by tempests for a time , and at length falling , he gave way to the crown to have its free course to the empress's son by geoffery plantagenet . this was henry the second , the most accomplished for wisdom , courage , and power , of all his predecessors ; and one that wanted nothing but purpose , to have undone what the foregoing princes had done , in the setling of the liberties of the people : for the subjects were tired with the unquiet former times , and the clergie in distraction through the schism in the popedom between victor the fourth , and alexander the third ; and very unfitting all were to dispute the point of prerogative with so mighty a prince . and it was the wisdom of god to order his affairs so , as that he was not very fit to dispute with the people in that case : for his title to the crown was not very excellent , being neither heir to the last king that reigned , nor to the last of that title , i mean to henry the first ; but son only to the empress , who was now alive , and by descent was to be preferred before all other . his title therefore is clearly by compact and agreement made between the lords , king steven , and himself ; all being then ready to try the right by the sword , to that , to which none of them had any right at all at that time , but by the favour of the people . nor did the king ever after dispute the strength of this title , although before he died , his mothers death conveyed over to him what right of descent soever was consistent with the law of the crown : nor did occasion favour him thereto ; for as it is never seen that any man is honoured by god with many advantages , without proportionable employment for the same , so it befel with this king : his great territories in france brought jealousie in the rear ; and thence strife and contention with france , enough to turn his thoughts from waxing wanton against his own people ; and therefore his wisdom taught him to prefer peace at home to the chief of his prerogative ; to become somewhat popular , and yet to lose nothing of a king thereby . his way was to keep the church-men down , that had during his predecessors time grown , whether more obstinate against the king , or insolent over the people , is hard to judge ; and in this he had the people to friend , and might have prevailed much more than he did , but that the people feared the threats of rome more than he ; and he ( if not guilty of becket's death ) more the conceit of fame than there was cause . these concurring with unnatural troubles from most unthankful sons , made that spirit of his to fail , that formerly knew no peer ; as it is often seen that the most generous spirits are sooner quelled with shame and grief , than with fear of any danger whatsoever . towards his lay-subjects he was more regardant for the setling of laws , and executing of justice ; so as some have thought him the first source of our english laws ; others more truly , the first mecaenas since the conquest , that brought on the spring-time of a setled common-wealth ; and therefore left this fair testimony , by his putting forth that primrose of english laws , under the name of glanvil ; letting all men know , that thenceforth england would no more veil itself in an unknown law , but explain itself unto the world to be a regular government . such was the king's idea ; yet was he touched with so much of the common infirmity of kings , as shewed him to be a man ; especially in his old age , being loaden with military affairs , wherein he had been long exercised , he had contracted some shifting courses of a souldier , in gathering money and souldiers somewhat out of the road-way of an english king ; and led an ill example to future ages ; nor had he other salve for this wound , but that it was for the honour of christian faith , and for the sake of jerusalem . next comes in richard the first , henry the second's son both in birth and courage ; yet was his behaviour to his father such , that his meritorious holy war could never wipe it out of the calendar of story . his entrance was upon an election made in his fathers life-time , and the same confirmed by receiving of homage from the peers . the sad troubles that this election amongst other things occasioned to his father in his old age , shew plainly that richard trusted not to the title of inheritance ; nor the french king ( that took his part ) unto the english custom , for the possession of the crown , but all must be done in the life of the father ; that must secure the government to the son when the father is dead . and thus is he entred upon the throne , not as heir , but as successor to his father , yea rather as survivor , taking possession of what was by special compact conveyed to him by the means of his father in his life-time , though sore against his will , if writers speak true . as his entrance was , it promised a better government than followed ; for though it was for the most part hidden in the womb , as himself did subsist in another world ; yet by a secret providence he was given over to the election of ill deputies ; and therefore he was not well beloved , however dear he was to this nation . a third part of his government was spent in a calm with pope , clergy , commons , and all nations that were not infidels , upon conscience it seems that he ought not to be troubled , who adventured his person so bravely in the holy war. but above all , he was the clergies darling , not only for his adventure in the holy land , but now much more in his return by his imprisonment in germany ; and therefore they sluck close to him in his absence , not only in maintenance of his right to the c●own ( whereto some made claim , and his own brother john did more ) but emptied themselves to the utmost for his delivery , which they effected , to the envy of the french , and such as longed for his downfal here in england . the king comes like the sun-rising , scattering his brothers designs by his very view ; then returns his thoughts for france , where he spent the rest of a restless life : and as his entry upon the throne was unnatural ( for he made his way upon his fathers herse ) so was his reign full of troubles , and his end not unlike ; for it was violent , and by the hand of his own subject ; and so ended his reign , that scarce had any begining . next comes in king john to act his part , according to his entry , hand over head ; whether called by a people scared with the noise of succession by inheritance ; or such as thought it not convenient nor safe in a stirring time to have a child to be their king ; or lastly , led by an interest that john the youngest son of henry the second had by woful experience obtained amongst the lords , or some or all concurring ; it is clear , they crossed the way of inheritance , waved arthur's title , who was heir to richard the first , and by him also appointed to succeed , being then but a child ; and they chose john , a man of war , trained up in the government of ireland , which made way for his active spirit ; and well seen in the government of england , which might have made him wise ; and under these conceits they were willing to forget his oppression in ireland , his treachery against his lord and king in england , set the crown upon his head ; and in conclusion acted the tragedy of abimelech in english , wherein the cedar was rooted up , and the bramble trodden down . the general temper of his government sheweth , that though the king must be thought sober , yet the man was mad , for he hawked at all manner of game , france , scotland , england , laity , clergy , spared not the pope himself , scorned to stoop to occasion ; all which he did by the strength of the name of a king : till at length , being well cuft and plumed , he was fain to yoke his lawless will under the grand charter , depose his crown at the popes foot , and instead of a king , became little better than a chief lord in england . thus although richard the first forgot this mans disloyalty , yet god remembred it : for the king having gotten the pope upon the hip , and put him to his last shift to stir up the french to set his curse on work , was by a hidden providence conquered in the middest of a royal army , without view of enemy , or other weapon than a meer noise ; his nobility ( either suspecting all would be gone to rome , or expecting that the king would not deny them their own , seeing he had been so profuse in giving away that which was not his ) demand that their liberties might be confirmed ; but he being loath to be mated by his nobles , though he was overmatched by the pope , arms himself with the popes curse , and the lords themselves with the frenchmens power ; thus the tables are turned , and the french playing an after-game to gain to themselves the crown of england , after they saw the death of a warlike king , discovered their design before it was ripe ; and in the conclusion were beaten out of the kingdom by a child . it is not worth inquiry what the king allowed or disallowed ; for it was his course to repent of any thing done contrary to his present sense , and made it his chief principle in policy to have no principle but desire ; wherein he triumphed too long , by reason of the contentions between the clergie and the laity ; which coming nigh unto the push of pike , and the king ready for the spoil of both ; the barons and clergy suddenly close their files , and like a stone-wall stood firm to each other , till the king wearied with succesless labour , was glad to give and take breath , confirmed the liberties of the people by his charter , which is now called the magna charta , for substance , and gave such collateral security for performance on his part , as did let the world know the thing was as just , as himself had been unjust . the worst point in the case was , that the people got their own by a kind of re disseisin ; a desperate remedy for a desperate condition , wherein the common-wealth then lay between life and death , upon the rack of the will of a king , that would be controuled by nothing but his own appetite , and was in the end devoured by it . chap. lviii . of the state of the nobility of england from the conquest , and during the reign of these several kings . under the title of the nobility of england , i shall comprehend all such as are of the greatest eminency for birth , or wisdom and learning , and advancement into place of government and honour . these were in the saxons times the flower of the people , flourishing only from the honour that ascended from beneath ; their deportment then was full of chear and safety to the people : after that royalty sprung up , the influence thereof upon them exhaled such a reciprocal interest back again , as made them less regardful of their own root ; whereas we see the more mature flowers are the more propense to turn head and look downward to their own original . this distemper was yet much worse by the coming in of the normans , whose nobility , besides their titles of honour in their own countrey , obtained by custom such command and power amongst the meaner sort , being souldiers under them in time of the service in the field , that ( when the wars had breathed out their last ) neither of them could forget , or were very careful to lay aside . this was observed by kings , and advantage espyed to climb to the top of monarchy by the help of these great men ; whom if they could make their own , all would be theirs ; and therein they had prevailed much more than they did , if they had been wise enough to have maintained them in unity ; but in that failing , the kings were necessitated to take parties , and serve the nobility to save the main : and thus continued they a considerable party in the government of this kingdom from the normans , for the space of two hundred years well-nigh , to the prejudice both of the growth of the prerogative of kings , and liberties of the commons ; and benefit of none but the lords , who in those unquiet times were the chief commanders in the field . this errour of the kings was soon espied , but could not be avoided : it is natural to man to be proud , and to such to fall into contention ; another course therefore is taken , viz. to raise up some so high as may over-top all , and keep them under : nor is it altogether without reason , for kings are no ubiquitaries , and some must bear their power where they cannot be personally present ; yet it is dangerous to bestow too much upon one man , for there is no man fitting to be a king , but himself that is a king ; and where kings are immoderate in bestowing power , it many times works much woe to the people , and not seldom sorrow to the kings themselves . the place of the chief justice was in shew but one office , yet in these times was in nature of the kings lieutenant-general throughout the kingdom . a power and work too great for any one man in the world , that can make no deputies to manage it ; and yet in those times you shall meet with one man made up of an arch-bishop , a legat , and chief justice of england ; or a bishop , a lord chancellour , a legat , and chief justice of england : and a strange kind of government must that needs be , wherein the servants throne is above his masters , and a subject shall have a plenitudinary power beyond that which his lord and king had , or , as the times then were , was capable of . by these and such like pluralities , the great men of england kept the commons below , and themselves above ; and probably rendred the temper of the government of this kingdom more aristocratical than in after-ages . and if their personal authority was of such value , how much rather in their joynt assembly or court of council ! concerning which i must agree , that as in their original in germany , they did consult and determine of the meaner matters , that is to say , of matters concerning property ; and therefore were in their most ordinary work meetings of judges , or courts of judicature , and also matters of defensive war , because themselves were the commanders : and lastly , in matters of sudden concerment to the state , not only to serve as eyes to foresee , but to provide also if they can , or otherwise to call in the ayd of the peoples advice ; so also they continued this course , and it may be now and then ( as all councils have done ) strained their endeavours beyond their reach , especially since the normans entrance : and therefore i shall not deny but that they alone with the king , and without the commons , have made many laws and constitutions , some of which now are called statutes , ( although many of them in truth are no other than rules for judicature , which ordinary courts may frame ; or judgments in particular cases , such as are the constitutions at clarindon in henry the second's time ) and many other laws which are reported to be made between the king and his lords . nor can i look upon such laws otherwise , than as upon judgments in courts of justice in new points of controversie , grounded upon ancient grounds , which properly are not new laws , but the ancient rule applied to new particulars ; and being so published to the world , may bear the name of laws , ordinances , constitutions , or judgments ; the word statute being of latter times taken up , and used in a more restrictive sence : of which , more in their due place . now that this court was a setled court of judicature , and so used , may appear , in that fines were levied therein , and writs of right determined ; as in the great case between the two kings of navar and castilè , referred to the judgment of henry the second , and tried in this court , it is said , that the tryal was by plea , and if need were , by battel . the judges in this court were the baronage of england ; for the entry of judgment in that great case , is thus : comites & barones regalis curiae angliae adjudicaverunt , &c. so as though doubtless many were absent , some being enemies , others discontented , others upon other occasions ; yet all might claim their votes as barons . the president over all the rest was the chief justice , as if the king were present then himself ; and by him was the sentence or judgment declared , according to the entry in that case aforesaid , habito concilio cum episcopis , comitibus & baronibus , adjudicavimus , &c. the honour of this court was great , so long as the lords had liberty or care to attend thereon : but when kings began to have private interests , they would have these to be more private councils ; which weakned the esteem of conclusions that there passed , and reduced the honour thereof scarce to the degree of a conventicle . and by this means the necessity of calling together the whole body-representative , was made more frequent , the power of the nobility of england decayed , and this court forfeited all its juridical power to the three courts at westminster , viz. the kings-bench , common-pleas , and exchequer ; saving still the supreme judicature unto the grand convention of estates in parliament , where all the lords had liberty of meeting , and free voting without impeachment . chap. lix . of the state of the clergie , and their power in this kingdom from the normans time . if the prerogative of kings prevailed not to its utmost pitch during the normans time , it did much less in these times succeeding , wherein the clergie took up the bùcklers , and beat both king and commons to a retreat ; themselves in the interim remaining sole triumphers in the field . in their first adventure they paced the stage , no man appearing to oppose : steven then was king by their leave , and their bond-servant ; and they might have any thing , sobeit they would suffer him to enjoy his crown . his brother the bishop was the pope's servant , the church-mens patron , and the king's surety ; in whom the clergies favour to the king , and his good behaviour toward them and all men , concentred . besides all this , the king was but so upon condition ; and there being no better title than election , conscience in those times was well enough satisfied in the breach of covenant on their part , when on the king's part it was first broken . all this the king saw full well ; and therefore what can he deny to such benefactors ? vacancies of churches he readily parts with ; and his right of investiture of the mitred clergie he dispensed : so as he open'd the way to his successours of an utter dereliction of that priviledge . he sees his brother the legate deflower the crown of england , by maintaining appeals from the courts in england unto the court of rome , and he says nothing ; he is contented with the stump of the crown and ( with saul ) if he be but honoured above or before all others of the people , it is enough : but the clergie , like the barren womb , hath not yet enough . the king hath allowed them castles ; and too late he sees , that instead of being defences against the imperial power of the empress , they are now made bulwarks against the lawful power of a king : he had therefore endeavoured to get them down , and gotten some of them into his power . the king himself is now summoned to answer this before a legatine council , wherein his brother is president : that was a bold adventure in them ; but it was extreme rashness in him to appear and plead the cause of the crown of england before a conventicle of his own subjects . and thus to secure rome of supremacy in appeals , he suffers a recovery thereof against his own person in a court of record ; and so loses himself , to save the crown . thus are synods mounted up on eagles wings ; they have the king under them , they will next have the crown . within a while steven is taken prisoner : the empress perceiving the power of the clergie , betakes her case to them now assembled in synod ; they now proud of the occasion ( and conceiting that both law and gospel were now under their decree ) publish , that the election of the king belongeth unto them ; and by them the empress is elected queen in open synod , steven's brother leading the game : and had she been as willing to have admitted of the laws as steven was , she had so continued , and had left a strange president in the english government for posterity . but the citizens of london , who had made the way to the throne for steven , reduced the synod to sober consideration , and helped the king's return unto his throne again ; wherein he continued a friend to the clergie during the rest of his time . henry the second succeeded him : as brave a man as he , but beyond him in title and power ; and one that came to the crown without pre-engagement by promise or covenant , saving that which was proper for a king. a man he was that knew full well the interests in the government , the growing power of the clergie , and the advantages lost from the crown by his predecessor : and to regain these , he smooths his way towards these braving men , speaks fair , profers fair ; he would act to increase the bounds of the church : he would have the pope's leave to do him a kindness ; and sobeit he might gain an interest in ireland , he would take it from the pope , who pretended , as heir of jesus christ , to have the islands and utmost parts of the earth for his possession ; and , as if he meaned to be as good to the church as steven was , and much better , he desires the pope's kindness for the confirmation of the liberties and customs of his crown and kingdom ; and no sooner desired than obtained . this was a second example of a king of england , but the first of an english king , that sought to rome for right in the crown ; and thereby taught the pope to demand it as a priviledge belonging to the tripple . crown . nor was henry the second less benign to the church-men , till he found by his dear-bought experience that he had nourished scorpions ; and would have suppressed them , but was rather suppressed himself ; as in that shameful success of the death of becket may appear , wherein he yielded the day up to the clergie , who formerly scorned to stoop to the greatest potentate on earth . the state of kings is to be pitied , who must maintain a politick affection above , and sometimes against nature it self , if they will escape the note of tyranny in their undertakings , and of a feeble spirit in their sufferings : for the king having made becket chancellor of england , and then archbishop of canterbury , he became so great , that his feathers brushed against the king's crown ; who begins to rouse up himself to maintain his honour and prerogative royal. the bishops side with becket : the king intending the person , and not the calling , singles out the archbishop , and hunts him to soil at rome ; yet before he went , the king puts the points of his quarrel in writing , and made both archbishop and bishops signe them as the rights of his crown , and as the consuetudines avitae : but becket repenting , went to rome and obtained the pope's pardon and blessing , the rest of the bishops yielding the cause . the particulars in debate were set down in the nature of laws or constitutions , commonly called the constitutions at clarindon ; which shew the prevailing humour that then over-spread the body of the clergie in those days : and therefore i shall sum them up as follows . rights of advowsons shall be determined in the king 's court. this had been quarrelled from the first normans time , but could never be recovered by the clergie . before the normans time , the county-courts had them , and there they were determined before the bishop and sheriff ; but the ecclesiastical causes being reduced to ecclesiastical courts , and the sheriff and the laity sequestred from intermeddling , the normans , according to the custom in their own country , reduced also the tryal of rights of advowsons unto the supreme courts : partly because the king's title was much concerned therein , and the norman lords no less ; but principally in regard that rights require the consideration of such as are the most learned in the laws . rights of tythes of a lay-fee , or where the tenure is in question , belong to the king 's court. pleas of debts by troth-plight , belong to the king 's court. these were saxon laws , and do intimate , that it was the endeavour of the clergie to get the sole cognizance of tythes , because they were originally their dues ; and of debts by troth-plight , because that oaths seemed to relate much to religion , whereof they held themselves the onely professors . the king's justice shall reform errours of the ecclesiastical courts , and crimes of ecclesiastical persons . appeals shall be from arch-deacons courts to the bishops courts , and thence to the archbishops courts , and thence to the king's court , and there the sentence to be final . no man that ever was acquainted with antiquity , will question that these were received laws in the saxons time ; nor did the clergie ever quarrel them , till the normans taught them by courtesie done to rome , to expect more from kings than for the present they would grant ; whereof see cap. . but king steven that was indebted to the clergie for his crown , and could not otherwise content them , parted with this jewel of supreme power in causes ecclesiastical to the roman cognizance , as hath been already noted ; but henry the second would have none of this cheat at so easie a rate . this struck so smart a blow , as though the popedom had but newly recovered out of a paralytick schism , yet ( seeing it so mainly concerned the maintenance of the tripple-crown ) alexander the pope having lately been blooded against a brave emperour , made the less difficulty to stickle with a valiant king ; who is conclusion was fain to yield up the bucklers , and let the pope hold what he had gotten , notwithstanding against this law , and all former law and custom . and thus the popes supremacy in spiritual causes , is secured both by a recovery and judgment , by confession thereupon . the king shall have vacancies of churches , and power to elect by his secret council : the party elected shall do homage salvo ordine , and then shall be consecrated . this certainly was none of the best , yet it was a custom not altogether against reason , although not suitable to the opinion of many ; yet we meet two alterations of the ancient custom . first , that the election shall be by the king and secret council ; whereas formerly the election of bishops and archbishops was of such publick concernment , as the parliament took cognizance thereof ; and ( that which was worse ) a council was hereby allowed , called a secret council , which in effect is a council to serve the king's private aims ; and unto this council , power given in the ordering of the publick affairs , without advice of the publick council of lords , which was the onely council of state in former times . and thus the publick affairs are made to correspond with the king 's private interest , which hath been the cause of much irregularity in the government of this island ever since . the second alteration resteth in the salvo , which is a clause never formerly allowed , unless by practice in steven's time , whenas there was little regard of the one or the other : nor doth it concur with the file of story , that it should be inserted within these constitutions , seeing that writers agree it was the chief cause of quarrel between him and becket , who refused submission without the clause , and at which the king stuck with the archbishop for the space of seven years , which was six years after the constitutions were consented unto , and concluded upon . no clergie-man or other may depart the realm , without the king's license . it is a law of nations , and must be agreed on all hands , that no reason of state can allow dispensations therein , especially in a doubtful government , where the supremacy is in dispute : and this the wilful archbishop never questioned , till he questioned all authority , but in order to his own ; for but the year before , when he went to turonn to the general council upon summons , he first obtained license from the king before he went. no sentence of excommunication or interdiction to pass against the king's tenant or any minister of state , without license first had of the king , or his chief justice in the king's absence . till the conquest , no excommunication passed without warrant of law made by the joynt assembly of the laity and clergy ; but the conquerour having let loose the canons , and the clergie having got the upper hand in councils , made canons as they pleased , and so the laity are exposed to the voluntary power of the canon : onely as well the normans , as until these times , kings have saved their own associates from that sudden blow , and upon reason of religious observance , lest the king should converse with excommunicate persons e're he be aware . the laity are not to be proceeded against in ecclesiastical courts , but upon proof by witnesses in the presence of the bishop : and where no witnesses are , the sheriff shall try the matter by jury in the presence of the bishop . a negative law , that implieth another course was used upon light fame or suspition ex officio , although the oath at that time was not born into the world , and that all this was contrary to the liberty of the subject , and law of the land : and it intimates a ground of prohibition in all such cases upon the common law ; which also was the ancient course in the saxons times , as hath been formerly noted . excommunicated persons shall be compelled onely to give pledge , and not oath , or bail to stand to the judgement of the church . upon the taking and imprisoning of the party excommunicate , the course anciently was , it seemeth , to give pledge to stand to order . of this the bishops were weary soon , as it seemeth ; and therefore waved it , and betook themselves to other inventions of their own , viz. to bind them by oath or bail ; both which were contrary to law : for no oath was to be administred but by law of the kingdom ; nor did it belong to the ecclesiastical laws to order oaths or bail ; and therefore this law became a ground of prohibition in such cases , and of the writ de cautione admittenda . persons cited , and making default , may be interdicted , and the king's officer shall compel him to obey . if the king's officer make default , he shall be amerced , and then the party interdicted may be excommunicated . so as the process in the spiritual courts was to be regulated according to law. nor did it lie in the power of such courts to order their own way , or scatter the censure of excommunication according to their own liking . this , together with all those that forego , the arch-bishop upon his repentance absolutely withstood , although he had twice consented , and once subscribed to them , having also received some kind of allowance thereof even from rome it self . clergy-men holding per baroniam , shall do such services as to their tenure belong , and shall assist in the king's court till judgement of life or member . two things are hereby manifest . first , that notwithstanding the conquerour's law formerly mentioned , bishops still sate as judges in the king's courts , as they had done in the saxon times ; but it was upon causes that merely concerned the laity ; so as the law of the conquerour extended onely to separate the laity out of the spiritual-courts , and not the clergie out of the lay-courts . secondly , that the clergie , especially those of the greater sort , questioned their services due by tenure , as if they intended neither lord nor king , but the pope onely . doubtless the use of tenures in those times was of infinite consequence to the peace of the kingdom , and government of these kings ; whenas by these principally , not onely all degrees were united and made dependant from the lord paramount to the tenant peravale , but especially the clergie with the laity upon the crown ; without which , a strange metamorphosis in government must needs have ensued , beyond the shape of any reasonable conceit , the one half almost of the people in england being absolutely put under the dominion of a foreign power . sanctuary shall not protect forfeited goods , nor clerks convicted or confessed . this was law ; but violence did both now and afterwards much obliterate it . churches holden of the king shall not be aliened without license . it was an ancient law of the saxons , that no tenements holden by service could be aliened without license or consent of the lord , because of the allegiance between lord and tenant . now there was no question but that churches might lie in tenure as well as other tenements ; but the strife was by the church-men , to hold their tenements free from all humane service ; which the king withstood . sons of the laity shall not be admitted into a monastery without the lord's consent . upon the same ground with the former : for the lord had not onely right in his tenant , which could not be aliened without his consent , but also a right in his tenant's children , in regard they in time might by descent become his tenants , and so lie under the same ground of law : for although this be no alienation by legal purchase , yet it is in nature of the same relation ; for he that is in a monastery is dead to all worldly affairs . these then are the rights that the king claimed , and the clergy disclaimed at the first ; although upon more sober consideration they generally consented unto the five last : but their captain-archbishop becket withstood the rest , which cost him his life in the conclusion ; with this honourable testimony , that his death , sampson-like , effected more than his life : for the main thing of all the rest the pope gained to be friends , for the loss of so great a stickler in the church-affairs as becket was . in this tragedy the pope observing how the english bishops had forsaken their archbishops , espied a muse through which all the game of the popedom might soon escape , and the pope be left to sit upon thorns in regard of his authority here in england . for let the metropolitan of all england be a sworn servant to the metropolitan of the christian world , and the rest of the english bishops not concur , it will make the tripple crown at the best but double . alexander the pope therefore meaned not to trust their fair natures any longer ; but puts an oath upon every english bishop , to take before their consecration , whereby he became bound . to absolute allegiance to the pope and romish church . . not to further by deed or consent any prejudice to them . . to conceal their counsels . . to aid the roman papacy against all persons . . to assist the roman legat. . to come to synods upon summons . . to visit rome once every three years . . not to sell any part of their bishoprick without consent of the pope . and thus the english bishops that formerly did but regard rome , now give their estates , bodies and souls unto her service ; that which remains , the king of england may keep : and well it was that it was not worse , considering that the king had vowed perpetual enmity against the pope . but he wisely perceiving that the king's spirit would up again , having thus gotten the main battle , durst not adventure upon the king's rear , lest he might turn head : and so he let the king come off with the loss of appeals , and an order to annul the customs that by him were brought in against the church , which in truth were none . this was too much for so brave a king as henry the second , to lose the scare-crow-power of rome : yet it befel him as many great spirits , that favour prevails more with them than fear or power : for being towards his last times worn with grief at his unnatural sons , a shadow of the kindness of the pope's legat unto him , won that which the clergy could never formerly wrest from him in these particulars granted by him : that , no clerk shall answer in the lay-courts , but onely for the forest , and their lay-fee . this savoured more of courtesie than justice , and therefore we find not that the same did thrive , nor did continue long in force as a law , although the claim thereof lasted . vacancies shall not be holden in the king's hand above one year , unless upon case of necessity . this seemeth to pass somewhat from the crown , but lost it nothing ; for if the clergy accepted of this grant , they thereby allow the crown a right to make it , and a liberty to determine its own right , or continuing the same by being sole judge of the necessity . killers of clerks convicted , shall be punished in the bishops presence by the king's justice . in the licentious times of king steven , wherein the clergy played rex , they grew so unruly , that in a short time they had committed above a hundred murthers . to prevent this evil , the king , loth to enter the list with the clergy about too many matters , let loose the law of feud , for the friends of the party slain to take revenge ; and this cost the bloud of many clerks : the laity haply , being more industrious therein than otherwise they would have been , because the ecclesiastical judge for the most part favoured them . as an expedient to all which , this law was made , and so the clergy was still left to their clergy , and justice done upon such as sought their bloud . clergy-men shall not be holden to trial by battle . it was an ancient law of the saxons , and either by neglect worn out of use , or by the valour of the clergie laid aside , as resolving rather to adventure their own bloud , than to end their quarrel before the lay-judge by plea : but grown weary of that course , and likely also put hard to the pinch upon complaints made by them against clerk-slayers , they are fain to have recourse to their ancient priviledge . hitherto therefore it is manifest the clergie were in their growing condition , notwithstanding the policy and power of henry the second , who was the paragon of that age . after him reigned richard the first , that must expiate his disobedience to his father , by obedience to his ghostly father the pope , in undertaking the holy war ; and being gone , left the government in his absence so deeply intrusted to the clergy , as they could lose nothing of what they had gained , unless they would ; and might have gained much more than they did or should , had not the bishop that was the overseer of the whole kingdom been drunken with vanity , and spued out his own shame . however the success was , it was not contrary to the principles of those times : for richard had experience in the emperour frederick and his father's example , that the pope and clergie were too hard for all the potentates in europe , and therefore might most safely trust them with all he had at home , whilst he was in their service abroad . nor were they short of what was intrusted to them , but stuck close for the maintenance of his right to the crown , and emptied themselves even to the very consecrated vessels , and procured the laity of all sorts to do the like , to save the kingdom from the rape of strangers and usurpers , who esteemed the king dead in law , and as one buried alive . thus passed they to king john the government , supposing themselves well enough assured of what they had gotten by their several atchievements had under the reigns of three several kings successively : and king john might well enough have understood the times , if he had seriously considered them : but being heightned all his life-time with lawless government , wherein he was trained up in ireland , he knew not how to stoop , till he stooped so low as the legat's knee , and his crown at the pope's foot ; leaving an example to posterity to beware of striving with the clergie . if then these sparks of ambition were so violent being alone , certainly in their joynt consultations much more . they had long striven now since the conquest to have excluded the laity from their synods , and about these days effected it . and yet about henry the second 's time it may be supposed the thing either was not yet done , or so lately , that the law was not clear in that point ; for petrus blecensis , who was arch-deacon of bath about those times , in his epistle to the arch-bishop of york concerning the restraint of the growing sect of the publicans , he adviseth in these words : accipite clerum , congregate populum , & ex eorum communi deliberatione , qui spiritum domini habent , terribilis constitutio promulgetur , &c. and if the historian doth not mistake , the proceedings against that sect being onely for errours in religion , was in a council of bishops and lords . nevertheless , whether present or absent , the laity sate there as cyphers , making the number great , but not valuable by themselves . for even in the norman times they were brought so low , as the constitution made by the clergie wrought more upon them , than civility it self can work upon professors of religion in these days . for it seems excess of long hair was grown to that measure , that the synod cried out against it , and decreed that men should cut their hair so as their eyes and laps of their ears might be seen ; and the king himself , i mean henry the first , submitted to this cut , and made all his knights to do the like , and exposed themselves to the then-odious by-names of clowns or priests , ( like to the round-heads of these days ) who formerly marched under the title of criniti or ruffians . this did but touch the hair , but they went to the quick , when they decreed that lords should not sell their villains , and that outlawries should pass in certain particular cases ; as in the constitutions of archbishop anselm may appear . afterwards in these kings times they flew at the throat of the government , got all places of honour , or profit , or power , whether for peace or war , under their gripe ; deposed and advanced as they pleased , even to the royal throne it self ; and that not onely out of a sudden passion of state , but advisedly concluded for a maxime . that the election of the king belonged to them ; as in the case of the election of maude the empress , they did hold forth to all the world ; and in which the king also then flattered them , as holding their election so necessary , that he kept the whole synod in duress to have their votes for the election of his son to be his successor . chap. lx. of the english commonalty since the normans time . the dignity of the english crown thus deflowred by the great men , was no loss to the common people : for as in all decays of monarchy the great men get nothing if they please not the people , so the king can hold nothing if they be not contented . and yet contented or not contented , they could not gain much ; for as affairs stood then in the christian world , the politicians discourse of three kinds of government proved idle ; neither could monarchy , aristocracy , nor democracy , attain any semblable condition in any place , so long as the church held its design apart , and prevailed to have the greatest share in all ; not now by the favour either of great or small , but by a pretended divine right , through which they now had gotten to their full pitch of lordship in the consciences of men . it must be acknowledged that this was a distemper in government ; yet such it was , as kept humours low , and restrained the inordinate excesses that in all kinds of government are subject to break forth ; so as neither king , nor lords , nor people could swell into larger proportion than would suit with the ends of the church-men . but to mind the matter in hand : somewhat the commons gained in these stormy times : the taxes that they were charged with , were rather perswaded than imposed upon them ; and generally they were sparing in that work : and it is noted for the honour of king steven , that though he was seldom without war , yet he not onely never charged the people with any tax , but released that of dane-gelt , and acquitted the subject for ever of that tax , which former kings challenged as their right ; all which shew him to be a brave king , if he was not a very rich man. henry the second was more heavy , because he had more to do : yet find we but one assessment , which was escuage , unless for the holy war , which was more the clergy-mens than his . richard was yet a greater burthen : his reign was troublesome to him , and he deserved it ; for from the beginning thereof to the ending , could never the guilt of his disobedience to his father be blotted out : but it was more troublesome to the people , because it cost so much treasure , was managed by such ill governours , ( except the archbishop of canterbury ) and was unsuccessful in most of his undertakings ; yet never invaded the liberties of the commons by any face of prerogative but what wanted in him , was made compleat and running over in his successor john , who ( to speak in the most moderate sence of his government ) being given over to himself , when he was not himself , robbed the lords of their authority , bereaved the church of its rights , trod under foot the liberties of the people , wasted his own prerogative : and having brought all things into despair , comes a desperate cure ; the head is cut off to save the body , and a president left for them that list to take it up in future ages . and thus that which steven gave , henry the second lost , richard the first would not regain , and john could not ; and so all were gainers but the crown . chap. lxi . of judicature , the courts , and their judges . it is no silent argument that the commons gain , where laws grow into course ; and it was the lot of these troublesome times to lay a foundation of a constant government , such as all men might learn , which formerly was laid up onely in the breasts of wise experienced men . the two most considerable points in government , is the law , and the execution ; the latter being the life of the former , and that of the common-wealth . i say not that the law was augmented in the body of it , or that the execution had a freer course than in the best of the former times ; but both were more and more cleared to the world in many particulars , as well touching matters concerning practice of the law , as touching rules of righteousness . for the first whereof , we are beholding to glanvil in henry the second 's time ; and for the latter , to king john , or rather the barons in his time , in the publishing of the grand charter , or an enumeration of the liberties or customes of the people derived from the saxons ; revived , continued , and confirmed by the normans and their successors : which for the present i shall leave in lance dubio , to stand or fall , till occasion shall be of clearing the point , in regard that king john soon repented of his oath , ( the bond of his consent ) and to heal the wound , got the pope's pardon and blessing thereupon : so easie a thing it was for a son of the roman church to pass for a good catholick in an unrighteous way . the execution of the law was done in several courts , according to the several kinds of affairs , whereof some concerned matters of crime and penalty ; and this touched the king's honour , and safety of the persons of himself and his subjects , and therefore are said to be contra coronam & dignitatem , &c. the second sort concern the profits of the crown , or treasure of the kingdom . the third concern the safety of the estates of the people . these three works were appointed unto three several courts , who had their several judges especially appointed to that work . originally they were in one , viz. in the supream court of judicature , the court of lords , whereof formerly was spoken ; but after , through increase of affairs , by them deputed or committed to the care of several men that were men of skill in such affairs , and yet retained the supremacy in all such cases still . and because that which concerned the publick treasure was of more publick regard than the other , the deputation thereof was committed probably to some of their own members , who in those days were barons of the realm , and afterwards retained the title , but not the degree ; and therefore were called for distinction-sake , barons of the exchequer . the particular times of these deputations appear not clearly out of any monument of antiquity ; nevertheless it is clear to me that it was before henry the second 's time , as well because henry the first had his judex fiscalis , as glanvil so frequently toucheth upon the king's court of pleas , which cannot be intended at the court of lords ; for that in those days was never summoned but in time of parliament , or some other special occasion . but more principally because the historian speaking of the judges itinerant , reciteth some to be of the common-pleas ; which sheweth that there was in those days a distinction of jurisdiction in judicatures . and it may very well be conceived that this distinction of judicature was by advice of the parliament after that the grand council of lords was laid aside by kings , and a privy-council taken up , unto whom could not regularly belong any juridical power , because that remained originally in the grand assembly of the lords . over these courts , or two of them , one man had the prime title of chief justice , who then was called lord chief justice of england , and whose office was much of the nature of the king's lieutenant in all causes and places , as well in war as peace ; and sometimes was appointed to one part of the kingdom , and by reason thereof had the name onely of that part , and some other of the other parts . the greatness of this office was such , as the man for necessity of state was continually resident at the court , and by this means the king's court was much attended by all sorts of persons ; which proved in after-times as grievous the king , as it was burthensome to the people . other judges there were , which were chosen for their learning and experience , most of them being of the clergie , as were also the under-officers of those courts ; for those times were romes hour , and the power of darkness . other courts also were in the country , and were vicontiel or courts of sheriffs , and lords of hundreds and corporations , and lordships , as formerly ; and these were setled in some place . but others there were , which were itinerant , over which certain judges presided , which were elected by the grand-council of lords , and sent by commission from king henry the second throughout the kingdom , then divided into six circuits , unto each of which was assigned three justices ; so as the whole number of justices then was eighteen . the office was before the coming of the saxons over hither , but the assignation was new ; as also was their oath , for they were sworn . but the number continued not long , for within four years the king re-divided the land into four circuits , and unto each circuit assigned five justices , making in the whole the number of twenty and one justices ; for the northern circuit had six justices , which the king made justices of the common pleas throughout the kingdom . neither yet did the first commission continue so long as four years ; for within that time richard lucy one of the justices had renounced his office and betaken himself to a cloister , and yet was neither named in the first commission nor in the latter ; nor did the last commission continue five years ; for within that time ralph glanvil removed from the northern circuit to that of worcester , as by the story of sir gilbert plumpton may appear , though little to the honour of the justice of the kingdom , or of that judge , however his book commended him to posterity . i take it upon the credit of the reporter , that this itinerary judicature was setled to hold every seven years ; but i find no monument thereof before these days . as touching their power , certainly it was in point of judicature as large as that of the court of lords , though not so high : it was as large , because they had cognizance of all causes both concerning the crown and common-pleas . and amongst those of the crown this onely i shall note , that all manner of falshood was inquirable by those judges , which after came to be much invaded by the clergie . i shall say no more of this , but that in their original these iters were little other than visitations of the country by the grand council of lords . nor shall i adde any thing concerning the vicontiel courts and other inferiour but what i find in glanvil ; that though robbery belonged to the king's court , yet thefts belonged to the sheriff's court ; and ( if the lords court intercepts not ) all batteries and woundings , unless in the complaint they be charged to be done contra pacem domini regis : the like also of inferiour trespasses , besides common-pleas , whereof more shall follow in the next chapter as occasion shall be . chap. lxii . of certain laws of judicature in the time of henry the second . and hereof i shall note onely a few as well touching matter of the crown as of property , being desirous to observe the changes of law with the times , and the manner of the growth thereof to that pitch which in these times it hath attained . we cannot find in any story , that the saxon church was infested with any heresie , from their first entrance , till this present generation . the first and last heresie that ever troubled this island , was imbred by pelagius ; but that was amongst the britains , and was first battered by the council or synod under germanus ; but afterwards suppressed by the zeal of the saxons , who liked nothing of the british breed , and for whose sake it suffered more haply than for the foulness of the opinion . the saxon church , leavened from rome for the space of above five hundred years , held on its course , without any intermission by cross doctrine springing up , till the time of henry the second . then entred a sect whom they called publicans , but were the albigences ; as may appear by the decree of pope alexander , whose opinions i shall not trouble my course with : but it seems they were such as crossed their way , and henry the second made the first president of punishing heresie in the kingdom , under the name of this sect ; whom he caused to be brought before a council of bishops , who endeavoured to convince them of their errour : but failing therein , they pronounced them hereticks , and delivered them over to the lay power ; by which means they were branded in the fore-head , whipped , and exposed to extremity of the cold , ( according to the decree of the church ) died . this was the manner and punishment of hereticks in this kingdom in those days ; albeit in seemeth they were then decreed to be burnt in other countries , if that relation of cog shall be true which picardus noteth upon the th chapter of the history of william of newberry , out of which i have inserted this relation . another case we meet with in henry the second 's time , concerning apostacy , which was a crime that as it seems died as soon as it was born ; for besides that one , we find no second thereto in all the file of english story . the particular was , that a clerk had renounced his baptism , and turned jew ; and for this was convicted by a council of bishops at oxford , and was burned . so as we have apostacy punished with death , and heresie with a punishment that proved mortal ; and the manner of conviction of both by a council of the clergie , and delivered over to the lay-power , who certainly proceeded according to the direction of the canon , or advice of the council . these ( if no more ) were sufficient to demonstrate the growing power of the clergie , however brave the king was against all his enemies in the field . treason was anciently used onely as a crime of breach of trust or fealty , as hath been already noted ; now it grows into a sadder temper , and is made all one with that of laesa majestas ; and that majesty that now-a-days is wrapped up wholly in the person of the king , was in henry the second 's time imparted to the king and kingdom , as in the first times it was more related to the kingdom . and therefore glanvil in his book of laws , speaking of the wound of majesty , exemplifies sedition and destruction of the kingdom , to be in equal degree a wound of majesty , with the destruction of the person of the king : and then he nameth sedition in the army , and fraudulent conversion of treasure-trove , which properly belongs to the king. all which he saith are punished with death and forfeiture of estate , and corruption of bloud ; for so i take the meaning of the words in relation to what ensueth . felonies , of manslaughter , burning , robbery , ravishment , and fausonry , are to be punished with loss of member and estate . this was the law derived from the normans , and accordingly was the direction in the charge given to the justices itinerant in henry the second 's time , as appeareth in hoveden . but treason or treachery against the oath , fealty , or bond of allegiance , as of the servants against the lord , was punished with certain and with painful deaths : and therefore though the murther of the king was treason , yet the murther of his son was no other than as of another man , unless it arose from those of his own servants . the penalty of loss of estate , was common both to treason and felony ; it reached even unto thefts ; in which case the forfeiture , as to the moveables , was to the sheriff of the county , unto whose cognizance the case did belong : and the land went to the lord immediately , and not to the king. but in all cases of felony , and of a higher nature , the party ( though not the king's tenant ) lost his personal estate to the king for ever , his free-holds also for a year and a day ; after which , they returned to the lord of the soil , by way of escheat . it seemeth also , that the loss not onely of chattels and goods , but also of lands , &c. extended to outlawries ( i conceive in case of felony ; ) and the king's pardon in such case could not bind the lord's right of escheat , although it might discharge the goods , and the year and day whereunto the king was entitled : which case alone sufficiently declareth what power kings had in the estates of their subjects . manslaughter made not bailable . this was law in henry the second 's time , although it crossed the norman law ; and questionless it was upon good ground : for the times now were not as those in the conquerour's times , when shedding of bloud was accounted valour , and in most cases in order to the publick service . and now it seems it was a growing evil , and that cried so loud , as though in case of treason bail might be allowed , yet not in this case , ubi ad terrorem aliter statutum est , saith the author . robbers shall be committed to the sheriff , or in his absence to the next castelane , who shall deliver him to the sheriff . and the justices shall do right to them , and unto trespassers upon land. by the conquerour's law these offenders were bailable ; and i conceive this was no repeal thereof ; and the rather , because glanvil alloweth of pledges in all cases ( except manslaughter ) yea in those crimes that did wound majesty it self , although they concern the destruction of the king's person , or sedition in the kingdom or army thereof . the justices herein mentioned , were intended to be the justices itinerant ; and the trespasses upon land , are meant such as are contra pacem domini regis , as riotous and forcible entries : for some trespasses were against the peace of the sheriff , as formerly hath been observed . fauxonry is of several degrees or kinds : some against the king , others against other men ; and of those against the king , some are punished as wounds of majesty , as falsifying the king's charter : and whether falsifying of money were in that condition or not , i leave ; or falsifying of measures , yet more inferiour , i cannot determine ; but it is clear by glanvil , that falsifying of the deed of a private person , was of smaller consideration , and at the utmost deserved but loss of member . inheritances may not be aliened . inheritances were in those times of lands or goods ; for it was the custom then , that the personal estate ( the debts deducted ) was divisible into three parts ; one whereof belonged in right to the wife as her reasonable part , the other to the heir , and a third to the testator to make his will of them ; and of the other two parts he could not dispose by will. concerning lands , it was regularly true , that no man could alien his whole inheritance to the disherisin of his heir , either by act in his life-time , or any part thereof by his last will , without the concurrence of the heir . but of purchased lands he may give part by act executed in his life-time , though he have no lands by inheritance ; and if he hath no issue , then he may alien all . and where a man hath lands by inheritance , and also by purchase , he may alien all his purchased lands as he pleaseth . if the lands be holden in gavel-kind , no more of the inheritance can be conveyed to any of the children , than their proportionable parts will amount unto . this law of inheritance was divers , according to the tenure : for the lands in knights-service always descended to the heir ; but such as were holden in socage passed according to the custom , either to the eldest , or to the youngest , or to all equally . and thus stood the general state of inheritance from the normans time hitherto , seeming somewhat too strait for the free men , that by law of property might challenge a power to do with their own as they pleased . but the normans saw a double prejudice herein : the first was the danger of ruine of many of their families , who now ingrafted into the english stock , and yet not fully , one might expect a late check to their preferments from the saxon parents , after a long and fair semblance made of their good will. the second prejudice was the decay of their militia , which was maintained by riches more than by multitude of men ; partly because that rich men are most fearful of offending , and therefore ordinarily are most serviceable both with their bodies and estates against publick dangers ; and partly because by their friends and allies they bring more aid unto the publick , by engaging them in the common cause , that otherwise might prove unsensible of the condition of their country . the heir of a free-man shall by descent be in such seisin as his ancestor had at the time of his death , doing service , and paying relief ; and shall have his chattels . if the heir be under age , the lord shall have the wardship for the due time , and the wife her dower and part of the goods . if the lord with-hold seisin , the king's justice shall try the matter by twelve men . the first of these branches is declaratory of a ground of common law ; but being applied to the last , is an introduction of a new law of tryal of the heir 's right by assize of mortdancester , where formerly no remedy was left to the heir , but a writ of right . if these three branches be particularly observed , they speak of three sorts of heirs ; of tenants by knight-service , viz. such as are majors , or of full age ; and such as are minors , or under age ; and such as are of a doubtful age . those that are of full age at the death of their ancestors , may possess the lands descended , and the lord may not disseize him thereof ; but may be resisted by the heir in the maintenance of his possession , so as he be ready to pay relief , and do service that is due : and if the lord expel him , he shall have remedy by assize . those heirs that are minors , shall be under the lord's guardianship till they come to one and twenty years . the heirs of such as hold by socage , are said to be at full age at fifteen years , because at that age they were thought able to do that service ; but the sons of burgesses are then said to be of full age , when they have ability to manage their father's calling , such as telling of money , measuring of cloath , and the like : yet doth not glanvil , or any other , say that these were their full age to all purposes ; albeit that some burroughs at this day hold the last in custom to all intents whatsoever . the last branch provideth the remedy to recover to the heir his possession in case it be detained , either through doubtfulness of age of the heir , or his title : and it directs the issue to be tryed by twelve men . this tryal some have thought to be of glanvil's invention ; and it may well be that this tryal of this matter , as thus set down , was directed by him : yet he useth often in his book the word solet , and in his preface saith , that he will set down frequentius usitata ; and it is past question , but that the tryal by twelve men was much more ancient , as hath been already noted . one thing more yet remaineth , concerning the widow of the tenant , whose dower is not onely provided for , but her reasonable part of her husband 's personal estate . the original hereof was from the normans , and it was as popular as that of wardships was regal ; and so they made the english women as sure to them , as they were sure of their children . the justices shall by assize try disseisins done since the king 's coming over sea , next after the peace made between him and his son. this is called the assize of novel disseisin , or of disseisins lately made . it seems that the limitation was set for the justices sake , who now were appointed to that work which formerly belonged to the county-courts ; and to prevent intrenchments of courts , a limitation was determined , although the copy seemeth to be mistaken : for the limitation in the writ is from the king 's last voyage , or going into normandy . justices shall do right upon the king 's writ for half a knights fee , and under , unless in cases of difficulty , which are to be referred to the king. the justices itinerant ended the smaller matters in their circuits ; the other were reserved to the king in his bench. justices shall enquire of escheats , lands , churches , and women , in the king's gift : and of castle-guard , who ? how much ? and where ? so as the judges itinerant had the work of escheators ; and made their circuits serve as well for the king's profit , as justice to the subjects . they used also to take fealty of the people to the king at one certain time of the year , and to demand homage also . these matters of the king's exchequer made the presence of the judges less acceptable , and it may be occasioned some kind of oppression . and as touching castle-guard , it was a tenure in great use in these bloody times ; and yet it seemeth they used to take rent instead of the personal service , else had that enquiry ( how much ? ) been improper . of a tenants holding , and of several lords . that one man may hold several lands of several lords , and so owe service to them all , is so common , as nothing can be more : nevertheless it will not be altogether out of the way , to touch somewhat upon the nature of this mutual relation between lord and tenant in general , that the true nature of the diversity may more fully appear . the foundation or subject of service was a piece of land , or other tenement , at the first given by the lord to the tenant , in affirmance of a stipulation between them presupposed , by the giving and receiving whereof the tenant undertook to peform service to the lord , and the lord undertook protection of the tenant in his right to that tenement . the service was first by service solemnly bound , either by oath , which the lord or his deputy by the common-law hath power to administer ; as in the case of fealty , in which the tenant bound himself to be true to the honour and safety of his lords person , and to perform the service due to the lord for the tenement so given ; or otherwise by the tenants humble acknowledgment , and promise not only to perform the services due , but even to be devoted to the lords service , to honour him , and to adventure limb and life , and be true and faithful to the lord. this is called homage , from those words , i become your man sir ; and yet promiseth upon the matter no more but fealty in a deeper complement , albeit there be difference in the adjuncts belonging to eách . for though it be true that by promise of being the lord's man , a general service may seem to be implied , yet in regard that it is upon occasion only of that present tenure , it seemeth to me that it is to be restrained only to those particular services which belong to that tenement ; and therefore if that tenement be holden in socage , although the tenant be bound to homage , yet that homage ties not the tenant to the service of a knight ; nor contrarily doth the homage of a tenant in knight-service tie him to that of socage upon the command of his lord , though he professeth himself to be his man. nor doth the tenant's homage bind him against all men , nor ad semper ; for in case he holdeth of two or divers lords by homage for several tenements , and these two lords be in war one against the other , the tenant must serve his chief lord of whom the capital house is holden ; or that lord which was his by priority , who may be called the chief lord , because having first received homage , he received it absolutely from his tenant , with a saving of the tenant's faith made to other lords and to the king ; who in order to the publick had power to command a tenant into war against his own lord. if therefore he be commanded by the king in such cases unto war , he need not question the point of forfeiture ; but if he be commanded by a chief of his other lords into war , against a party in which another of his lords is engaged , his safest way is to enter upon the work , because of his allegiance to that lord , yet with a salvo of his fealty to that other lord. but in all ordinary cases , tenants and lords must have regard to their stipulation , for otherwise , if either break , the other is discharged for ever ; and if the fault be in the tenant , his tenement escheats to his lord ; and if the lord fail , he loses his tenure , and the tenant might thenceforth disclaim , and hold over for ever . nevertheless the lords had two priviledges by common custom belonging to their tenures , which although not mentioned in the stipulation , were yet more valuable than all the rest ; the one concerning matter of profit , the other of power : that of profit consisted in aids and relief . the aids were of three kinds , one to make the lords eldest son knight , the other to marry his eldest daughter ; the third to help him to pay a relief to his lord paramount ; which in my opinion sounds as much as if the tenants were bound by their tenures to aid their lord in all cases of extraordinary charge ( saving that the lord could not distrain his tenant for aid to his war ) and this according to the lords discretion ; for glanvil saith that the law determined nothing concerning the quantity or value of these aids . these were the norman ways , and savoured so much of lordship , that within that age they were regulated : but that of reliefs was an ancient sacrifice , as of first-fruits of the tenement to the lord , in memorial of the first lords favour in conferring that tenement ; and it was first setled in the saxons time . the lords priviledge of power extended so far , as to distrain his tenants into his own court to answer to himself , in all causes that concerned his right ; and so the lord became both judge and party ; which was soon felt and prevented , as shall appear hereafter . another priviledge of the lords power , was over the tenants heir after the tenants death , in the disposing of the body during the minority and marriage of the same . as touching the disposing of the body , the lord either retained the same in his own power , or committed the same to others ; and this was done either pleno jure , or rendring an account . as concerning the marriage of the females that are heirs , or so apparent , the parents in their life-time cannot marry them without the lords consent ; nor may they marry themselves after their parents death , without the same : and the lords are bound to give their consent , unless they can shew cause to the contrary . the like also of the tenants widows that have any dowry in the lands of such tenure . and by such-like means as these , the power of the barons grew to that height , that in the lump it was too massie both for prince and commons . of the power of the last will. it is a received opinion , that at the common-law no man could devise his lands by his last will. if thereby it be conceived to be against common reason , i shall not touch that ; but if against custom of the ancient times , i must suspend my concurrence therewith , until those ancient times be defined : for as yet i find no testimony sufficient to assert that opinion ; but rather that the times hitherto had a sacred opinion of the last will , as of the most serious , sincere , and advised declaration of the most inward desires of a man ; which was the main thing looked unto in all conveyances , voluntas donatoris de caetero observetur . and therefore nothing was more ordinary than for kings in these times , as much as in them did lie , to dispose of their crowns by their last will. thus king john appointed henry the third his successour ; and richard the first devised the crown to king john ; and henry the first gave all his lands to his daughter ; and william the conqueror by his last will , gave normandy to robert , england to william , and to henry his mothers lands . if then these things of greatest moment under heaven were ordinarily disposed by the last will , was it then probable , that the smaller free-holds should be of too high esteem to be credited to such conveyances ? i would not be mistaken , as if i thought that crowns and empires were at the disposal of the last will of the possessor ; nor do i think that either they were thus in this kingdom , or that there is any reason that can patronize that opinion ; yet it will be apparent that kings had no sleight conceit of the last will , and knew no such infirmity in that manner of conveyance , as is pretended ; or else would they never have spent that little breath left them in vain . i have observed the words of glanvil concerning this point , and i cannot find that he positively denyeth all conveyance of land by will , but only in case of disherison ; the ground whereof is , because it is contrary to the conveyance of the law ; and yet in that case also alloweth of a disposing power by consent of the heir ; which could never make good conveyance , if the will in that case were absolutely void , and therefore his authority lies not in the way . nor doth the particular customs of places discountenance , but rather advance this opinion : for if devises of lands were incident to the tenure in gavel-kind , and that so general in old time , as also to the burgage tenures , which were the rules of corporations and cities , vbi leges angliae deperiri non possunt , nec defraudari , nec violari , how can it be said contrary to the common law ? and therefore those conveyances of lands by last will , that were in and after these times holden in use , seem to me rather remnants of the more general custom , wasted by positive laws , than particular customs growing up against the common rule . it is true , that the clergy put a power into the pope to alter the law , as touching themselves in some cases : for roger arch-bishop of york procured a faculty from the pope to ordain , that no ecclesiastical persons will should be good , unless made in health , and not lying in extremity ; and that in such cases the arch-bishop should possess himself of all such parties goods : but as it lasted not long , so was himself made a president in the case ; for being overtaken with death e're he was provided , he made his will in his sickness , and henry the second possessed himself of his estate . and it is as true , that feme coverts in these days could make no will of their reasonable part , because by the saxon law it belonged joyntly to the children . nor could vsurers continuing in that course at the time of their death make their will , because their personal estate belonged to the king after their death , and their lands to their lords by escheat , although before death they lie open to no censure of law : but this was by an especial law made since the conquerour's time ; for by the saxon-law they were reputed as out-laws . nevertheless , all these do but strengthen the general rule , viz. that regularly the last will was holden in the general a good conveyance in law. if the will were only intended and not perfected , or no will was made , then the lands passed by descent , and the goods held course according to the saxon law , viz. the next kinsmen and friends of the intestate did administer , and as administrators , they might sue by writ out of the kings court , although the clergy had now obtained so much power , as for the recovery of a legacy , or for the determining of the validity of the will in its general nature , it was transmitted to the ecclesiastical court. chap. lxiii . of the militia of this kingdom during the reign of these kings . i undertake not the debate of right ; but as touching matter of fact shortly thus much : that from the norman times the power of the militia rested upon two principles ; the one the allegiance for the common defence of the king's person and honour , and kingdom ; and in this case the king had the power to levy the force of the kingdom : nevertheless the cause was still under the cognizance of the great council , so far as to agree or disavow the war , if they saw cause ; as appeared in the defections of the barons in the quarrel between king steven and the empress , and between king john and his barons . the other principle was the service due to the lord from the tenant , and by vertue hereof ( especially whenas the liberty of the commons was in question ) the militia was swayed by the lords , and they drew the people in arms either one way or the other , as the case appeared to them : the experience whereof the kings from time to time felt , to their extream prejudice , and the kingdoms damage . nor did the former principle oversway the latter , although it might seem more considerable , but only in the times of civil peace , when the lords were quiet , and the people well-conceited of the kings aims in reference to the publick ; which happiness it was henry the second's lot to enjoy : for he being a prince eminent amongst princes both for endowments of mind and of outward estate , not only gained honour abroad , but much more amongst his own people at home , who saw plainly that he was for forraign employment of honour to the kingdom ; and not only contented with what he had in england , but imbarqued together with the laity against the growing power of the clergy , for the defence and honour of the priviledges of the crown , wherein also the liberties of the people were included . they therefore were secure in the kings way , and suffered themselves to be engaged unto the crown further than they or their ancestors formerly had been , out of pretence of sudden extreme occasions of the kingdom , that would not be matched with the ordinary course of defence . for the king ( finding by former experience that the way of tenures was too lame a supply for his acquests abroad , and that it had proved little better than a broken reed to the crown in case of dispute with the people ) aimed at a further reach than the lords or commons foresaw ; and having learned a trick in france , brought it over ( although it was neither the first nor last trick that england learned to their cost from france ) which was a new way of levying of men and arms for the war , by assessing upon every knights fee , and upon every free-man of the value of sixteen marks yearly , their certain arms ; and upon every free man of ten marks yearly value , their certain arms ; and upon every burgess and free-man of an inferiour value , their certain arms. . that these should be ready prepared against a certain day . . that they should be kept and maintained from time to time in the kings service , and at his command . . that they should not be lent , pledged , sold , or given away . . that in case of death they should descend to the heir , who if under age , should find a man to serve in his stead . . that in case the owner were able , he should be ready at a certain day with his arms for the service of the king , ad fidem domini regis & regni sui . . that unto this every man should be sworn . i call this a new way of levying of arms and men , not but that formerly other free-men and burgesses found arms , albeit they held not by knight service ; for it was so ordained by the conquerors laws formerly used : but now the king thrust in two clauses ( besides the altering of the arms ) the one concerning the oath whereby all men became bound ; the other concerning the raising and ordering of men and arms , which here seems to be referred to the king only , and in his service ; and this i grant may imply much in common capacity , viz. that all the power of the militia is in henry the second . but this trick catched not the people according to the kings meaning : for the words ad fidem regis & regni still left a muse for the people to escape , if they were called out against their duty to the kingdom ; and taught the doctrine which is not yet repealed , viz. that what is not according to their faith to the kingdom , is not according to their faith to the king. and therefore they could find in their hearts sometimes to sit still at home , when they were called forth to war : as may appear in one passage in the days of king john , who had gathered together an army for the opposing of foraign power , at such time as the pope had done his worst against him and the whole kingdom ; which army was of such considerable strength , as i believe none since the conquest to this day exceeded or parallell'd it : but the king 's mean submission to the pope's legat so distasted the nobles and people , as they left him to his own shifts ; and that in such manner , as although afterwards he had advantage of them , and liberty enough to have raised an army to have strengthned himself against the nobles , yet the lords coming from london , brought on the sudden such a party as the king was not able to withstand ; and so he came off with that conclusion made at renny mead , which though in it self was honourable , yet lost the king so much the more , because it was rather gained from him , than made by him . chap. lxiv . of the government of henry the third , edward the first , and edward the second , kings of england . and first , a general view of the disposition of their government . one hundred and ten years more i have together taken up , to add a period to this first part of discourse concerning english government ; principally because one spirit of arbitrary rule from king john , seemeth to breath throughout the whole , and therewith did expire . the first that presents himself is henry the third , begotten by king john when he was in the very first enterprize of oppression that occasioned the first barons bloudy wars , and which this king was so miserable as to continue for the greatest part of his life and reign , and yet so happy as to see it ended about four years before he died . although the soul be not ingendred from the parent , yet the temperature of the body of the child doth sometimes so attemper the motion of the soul , that there is in the child the very image of the father's mind : and this henry the third lively expressed , being so like unto his father john in his worst course , as if his father 's own spirit had entred into him , and animated him in all his ways . he brought in with him the first president of conscience in point of succession by inheritance in the english throne ; for the stream of probabilities was against him . he was a child , and the times required a compleat man , and a man for war. he was the child of king john , whose demerits of the state were now fresh in the minds of all men . he was also designed to the throne by his father's last will ; which was a dangerous president for them to admit , who had but even now withstood king john's depositing of the crown in the pope's hands , as not being in the power of a king of england to dispose of his crown according to his own will. yet leaping over all these considerations , and looking on henry the third as the child of a king , that by good nouriture might prove a wise and just king , they closed about this spark , in hope it might bring forth a flame whereby to warm themselves in stormy times . nor did their hopes soon perish : for , during his minority , the king was wise to follow good counsel , and by it purged out all the ill humours that the kingdom had contracted in the rash distempers of his fathers government . nor did he onely follow the counsels of others herein , but even at such times as their counsels crossed , he chose those counsels that suited with the most popular way ; as is to be seen in the different counsels of the archbishop of canterbury and william briware . and yet two things troubled much those times : one , that they were times of parties ; the other , that the protector was somewhat too excellent to be a meer servant ; and it is hard for the english nobility to endure him to be greater ; although it may seem reasonable that they that are thought worthy to govern a king , should be much more worthy to govern themselves . but the pope put an end to all occasion of question hereabout ; for by his brief he declares the king to be sixteen years old , and of age to govern himself ; and therefore all castles are forthwith to be rendred up into the king's hands . this proved the rock of offence , whilst some obeyed the pope , and were impugners of those that put more confidence in the castles than in the kings good nature . hence first sprang a civil broil , thence want of money , then a parliament , wherein the grand charter of englands liberties once more was exchanged for a sum of money . thus god wheeled about successes . but the king having passed over his tame age under the government of wise counsellors , and by this time beginning to feel liberty , it was his hard condition to meet with want of money ; and worse , to meet with ill counsellors , which served him with ill advice , that the grand charter would keep him down , make him continually poor , and in state of pupillage . to this giving credit , it shaped an idea in his mind that would never out for forty years after ; and thus advised , he neglects his own engagement , defies the government that by his royal word , and the kings his predecessors , in cool bloud had been setled : and that he might do this without check of conscience , he forbad the study of the law , that so it might die without heir , and he have all by escheat . this sadded the english , and made them drive heavily : the king ( to add more strengh ) brought in foraigners and foraign councils ; and then all was at stand . the councils were for new ways . the great designe was to get money to supply the king's wants ; and as great a designe was to keep the king in want : otherwise it had been easie for those at the helm to have stopped the concourse of foraigners ( other than themselves ) from abroad ; the confluence of the queens poorer allies , lavish entertainment , profuse rewards , cheats from rome , and all in necessitous times . but strangers , to maintain their own interests , must maintain strangeness between the king and his subjects . to supply therefore these necessities , all shifts are used , as revoking of charters , displacing of officers , and fining them , afforestations , with a train of oppressions depending thereon , fines and amercements , corrupt advancements , loans , and many tricks to make rich men offenders , especially projects upon the city of london . nevertheless all proved infinitely short of his disbursements ; so as at times he is necessitated to call parliaments , and let them know his wants . at the first the people are sensible , and allow supply ; but after by experience finding themselves hurt by their supplies to the king , they grant upon conditions of renewing the power of the great charter ; and many promises pass from the king to that end , and after that oaths , and yet no performance : this makes the people absolutely deny supplies . then the king pretends wars in france , wars in scotland , and wars against the infidels in the holy-land , whither he is going : the people upon such grounds give him aids ; but finding all but pretences , or ill success of such enterprizes , they are hardned against supplies of him for the holy war. then he seems penitent , and pours out new promises , sealed with the most solemn execration that is to be found in the womb of story , and so punctually recorded , as if god would have all generations to remember it as the seal of the covenant between the king of england and his people ; and therefore i cannot omit it . it was done in full parliament , where the lords temporal and spiritual , knights , and others of the clergy , all standing with their tapers burning . the king himself also standing with a chearly contenance , holding his open hand upon his brest , the archbishop pronounced this curse ensuing . by the authority of god omnipotent , of the son , and of the holy ghost , and of the glorious mother of god the virgin mary , and of the blessed apostles peter and paul , and of all the other apostles , and of the holy martyr and archbishop thomas , and of all the martyrs , and of the blessed edward king of england , and of all confessors and virgins , and of all the saints of god. we excommunicate and anathematize , and sequester from our holy mother the church , all those which henceforth knowingly and maliciously shall deprive or spoil churches of their right . and all those that shall by any art or wit rashly violate , diminish , or change , secretly or openly , in deed , word , or counsel , by crossing in part or whole those ecclesiastical liberties , or ancient approved customs of the kingdom , especially the liberties and free customs which are contained in the charters of the common liberties of england , and the forests granted by our lord the king to the archbishops , bishops , prelates , earls , barons , knights , and freeholders . and all those who have published , or being published have observed any thing against them or their statutes , or which have brought in any customs , or being brought in have observed ; and all writers of ordinances or councils , or executioners , or such as shall judge by such things . all such as are knowingly guilty of any such matters , shall ipso facto incur this sentence : such as are ignorantly guilty shall incur the same censure , if being admonished he amend not within fifteen days after admonition . in the same censure are comprehended all perturbers of the peace of the king and kingdom : for everlasting memory whereof , we have hereunto put our seals . and then all throwing down their tapers extinguished and smoaking , they said , so let all that shall go against this curse be extinct , and stink in hell. the king all the while continuing in the posture above-mentioned , said , so god me help , i will observe all these things sincerely and faithfully , as i am a man , as i am a christian , as i am a knight , as i am a king crowned and anointed . if we shall pare away the superstitious ceremonies , and consider divine providence , we may search into all histories of all ages , and we shall not find a parallel hereunto ; so seriously composed , solemnly pronounced , with an amen from the representative body of the whole kingdom , put in writing under seal , preserved to posterity ; vindicated by god himself in the ruine of so many opposers . and yet the dust of time hath almost buried this out of the thoughts of men ; so as few even of such as know it , do seriously consider how far it may yet and even now be charged upon the account of this nation . serious as it was , it was soon forgotten : nor would the king be long holden with promises , some unhappy star struck him in his birth : he had been too hard for his promises ; and now having the pope at his elbow , he can dispence with his oath , and bid defiance to an execration : and in flat defiance of the grand-charter professeth oppression , accumulates forreign counsellors , and forreign guards , contemns his own people , ushers in the pope's extortions upon them to fill up the measure : thrives in nothing but in the match of his son and successor with a sister of spain , and yet that also helps to hasten on the publick poverty , and that a parliament that brought forth a bloudy issue ; although not by any natural power , but occasionally . for the barons mean now no longer to trust to promises ; strangers are banished the realm , and others of the english bloud stepped into their places and revenues . but this was not all , the king must confirm the grand-charter ; and thereto he addeth not onely his own oath , but causeth the prince his son to confirm the same in like manner . it is likewise propounded to him , that the chief officers of the kingdom may be chosen such as the parliament shall like of . and that other laws meet for the government of the kingdom might be established : of all these the king made no bones . and to make men believe that he was in good earnest , he was contented to disrobe and disarm himself , and invest the barons both with sword and scepter , retaining nothing but the crown for himself . this had been safety enough for the kingdom , but that it was a conclusion without an agreement ; for as it was on the king's part made from a principle of shame and fear , so it was determined in anger ; for after that the king had been thus drest and girt for the space of four or five years , ( whatsoever he thought all the while it is no matter ) he began first to stretch his conscience , and having the pope's dispensation to help , soon makes his oath to fly assunder ( although his son had for the present more conscience . ) but the other girt held more stoutly , for the lords had the sword chained to their arm by the king 's own grant . liceat omnibus in regno nostro contra nos insurgere , & ad gravamen nostrum opem & operam dare , ac si nobis in nullo fenerentur ; and the lords maintained their hold , though not without some jealousies amongst themselves . and it is very probable had the king been a little longer breathed with patience , he might have had his will upon easier terms : for the lords were not so jealous of one another as the commons were jealous of the lords , that they meaned to rule onely for themselves . but the king now being in a wood , and bemired , so as he must now resolve to get all or lose all , and so either satisfie his natural desires , or the remainder of his politick power , entred the field with the aid of those commons that chose rather to be oppressed by one king than many lords . and thus the lords received the first blow , and gave the first foil : afterwards being worsted by their own divisions and jealousies , they left a victory to the king that might have made him absolute , if he had been moderate ; but pursuing revenge too far , he was distasted of his own party that looked on him as a polyphemus that intended to devour the enemy first , that he might more freely feast upon themselves in the issue . this made victory follow the king afar off , and taught the king that the end of civil war must be attended with moderation in the conquerour , so far as may stand with publick safety ; or otherwise he that is conquerour to day by sword , may be conquered to morrow by jealousie . thus many humours consumed , and all parts tired after four years continual war , the state cometh to its right wits . the king's gains in all this bloudy sweat may be summed up in two heads . first , that he had liberty to chuse his principal officers of state by advice of the lords , and them also to displace by like counsel . secondly , in that he gained ( though at a dear rate ) wisdom to observe the state of affairs , and to apply himself according to occasion : so lived henry the third for three or four years after these troubles ; long enough to let the world know that he was able to govern like an english king , and to teach his son by his own late experience to be a wise governour betimes . for edward the first being trained up in the tragedy of a civil war , wherein he was one of the chief actors ; and having expiated the bloudy way of his riotous youth by his holy war , as they called it ; now he betakes himself to amends making , by justice in government ; having found by his father's experience , that a kingdom well governed ( like good husbandry ) preserves the owner , but being neglected destroys both . he came over in his third year in august , was crowned in september , summoned a parliament in february following , but adjourned it till after easter : and then it is found that the church of late had been ill governed ; the clergy-men grieved by many ways , the people otherwise handled than they ought to be , the peace ill kept , the laws less used , and delinquents less punished than was meet ; and in the sence of these inconveniencies were the laws of westminster the first made ; wherein the world may see the great difference between the prince and the king in one and the same man. the most part of those laws were little other than plaisters applied to particular botches of those times ; wherein the king dealt with a tender hand , as if he feared to ulcerate any part , and especially the clergie , and therefore delivered the last law in a petitionary way to the clergie , because it concerned the execution of justice in prohibited times , and yet bound up all with a salvo to himself and his prerogative , like a wise king , that would neither lose right , nor do rong ; nor yet stickle to debate with his subjects now , whenas his eye was upon a further mark . for leolin the prince of wales had affronted him ; and though he could not endure affronts , yet could he dissemble them for advantage ; and so he suffered the parliament to run its course , that he might have done the sooner . otherwise he had a seed of his father's conceit that laws are not made for kings , as appeared afterward : for after he had gotten his army into the field , he took a fifteenth which was granted to his father , and this was inaudito more : but there was no disputing with power , and therefore the subject must be contented rather to score it up against the future , than require present pay ; so dangerous a thing it is for england , that kings should have occasion to gather armies , though for never so honourable employment . the welsh chase is hotly pursued , yet it did not rid much way ; for it cost the english a voyage of nine years travel before they could attain the shore , although it had been often within their view . it may be the king found it advantageous for his government , to maintain an army in the field under the colour of the welsh war , that he might more bow his subjects to his own bent : for during these wars , the king made many breathings , and took time to look to the husbanding of his own revenue , as those ordinances called extenta manerii , and officium coronatoris , do witness , and the statute of bigami . but the people were not altogether yet tamed ; for the times being still in wars , and they occasioning much waste of treasure , put the king to the utmost pitch of good husbandry , and one degree beyond the same : so as under colour of seizing his own , he swept up also the priviledges and liberties of his subjects ; some authors reciting the complaints of the church-men , others of the laity : so as it seemeth the king was no respecter of persons but his own . this , and others not unlike , had almost occasioned another combustion , had not the meeting at gloucester setled things for the present , by referring the right of franchises to debate in the eyer , and ordering reseizure of such liberties into the subjects hands , whereof they had been dispossessed by quo warranto , and quo jure , under colour of the fourth chapter of the statute of bigami . nevertheless , however debonair the king seemed to be , the sore between him and his subjects was not fully cured ; nor did the lords trust him further than needs must : for whether they served in the field , or met at council , still they were armed ; and during this daring of each other , were many profitable laws made , whilst neither party durst venture bloodshed in touching too nigh upon the priviledges of each other , principally because the affairs in wales were but laid asleep , and upon reviving , might turn the ballance to either side . the wars awake again , and therein are consumed nigh five years more of the king's reign ; so as whatever his intent was , he could have hitherto little opportunity to effect any thing for the advancement of the prerogative of the crown at home : nor had he scarcely breathed himself and army from the welsh wars , but he found both france and scotland his enemies at once . the king faced onely the first , and fought the second ; which held him work the remainder of his days : and at the same time also he arrayed both the clergy and laity at his own home , as if providence had given him security for the good behaviour ; and yet it failed him in the issue , and left him to the censure of the world , whether his justice was spontaneous , or by necessity ; for as yet he held the grand charter at parley , and therefore was rather eyed , than much trusted : albeit he was put upon confidence in the subjects discretion for aid of him in his continual undertakings : nor did they disclaim him herein , however chargeable it was ; for all seem willing he should be employed any where , so as not within the four seas . it is probable the king knew it , and therefore having made a voyage into france , he changed the scene of war , but to the other side as it were of a river , in hope his lords would follow ; but it would not be . this angred him , and he them : nor would his clergy allow him any aid papa inconsulto , and therefore he outs them from his protection . these and his irregular preparations by war , by summons not onely of his knights , but all other that held land worth l. per annum , and taxes imposed by an arbitrary way , increased rancor into a kind of state-scoul , little better than a quarrel . for appeasing whereof , the king granted a consultation upon a prohibition , and unto both clergy and laity a confirmation of the grand charter at the long run , and allowed it as the common law of the kingdom ; and seconded the same with many succeeding confirmations , in the twenty seven and twenty eighth years of his reign , as if he had utterly renounced all thought of a contrary way . but the statute in his th year had a sting in the tail that was as ill as his saving of ancient aids and prisals , which was in the statute of confirmation of the charters , though it were omitted in this statute ; for the saving was of such a sence as time and occasion would move the king's heart to make it : and thus this statute became like a hocus pocus , a thing to still the people for the present , and serve the king's turn , that he might more freely intend the conquest of the scots ; which once done , he might , if he would , try masteries with england . but god would not have it so ; the king in scotland had power to take , but could not overtake ; and the scots , like birds of the prey , had wit enough to fly away , and courage enough to return upon advantages : and so the king was left to hunt the wind , which made him to return . he might now expect the applause of his people for his good success , and the terrour of those that had stopped the broad way of his extravagant prerogative ; and therefore looks big , rubs up old sores , and ( having his army yet in the field ) sends for those lords that would not follow him in his wars in flanders . all come and submit , and as it were in so many words let the king know that all england is now tame , and like to be ridden at his discretion . and now there 's nothing in his way but the fatal execration , which he feared , not in relation to god's anger ; but rather to the exasperated clergie , and the dread of the pope's direful thunder-bolt . to avoid this storm , he procures a dispensation from rome to perjure and oppress without sin ; a trick that he learned of his father , and hid it within his breast , till now about two years before his end he brings it forth , to tell all the world that hitherto he had been just against his will. but having obtained his purpose , he nevertheless misseth of his end ; for a new king of scots ( our old good enemies ) by divine providence suddenly crossed his way before him ; and now it boots not to contend for arbitrary rule in england , and lose the crown of scotland , which he once thought he had sure ; he faces about therefore , and having spoken fair to his people , for scotland he goes . thus if all were not in a parenthesis , the king intended a good period ; but god onely knows what his furthest reach would have been if he had returned , for he was taken out of this world in scotland , and so left this his government somewhat like an imperfect sentence . his son edward should have compleated it , but that he wanted his father's sence , and had too much of his grandfather's superbient humour , that meeting with a stiff spirit , and a weak mind , brought sudden fire into the course of government , till it consumed it self in its own flame . for this king having newly slipt out of a bondage of wise government under his father , ran the wild chase after rash desires , spending his former time in inordinate love , and his latter time upon revengeful anger , little inferiour to rage ; and so in his whole government was scarce his own man. his love was a precedent of a strange nature , that commanded him from all the contentments of his kingdom to serve one man , a stranger , and prostitute to all manner of licentiousness , meerly for some personal endowments . it shews that his judgement was weak , and his affections strong ; and in that more weak , because he discovered it before he was crowned : like some of the weakest of the weaker sex , the birth of whose minds are born assoon as they are conceived , and speak assoon as they are born . it is true , that the bravery of spirit may work after absoluteness in kings , under the colour of some kind of wisdom . but it is one thing to rule without law , and another to live without rule ; the one dashes against the law of an english king , and may put on the name of policy , but the other destroys the law of mankind , and can bear no better name than of brutish desire . all the while gaveston was in view , we find nothing concerning commonwealth , or monument of parliament , saving two ordinances made by the king , and such lords as suted to the king's way , rather than to his wants . the first was that de militibus , the other de frangentibus prisonam ; for all the king's labour was to royallize gaveston into as high a pitch as he could , and so to amaze his own eye-sight with contemplating the goodliness of his person . so as gaveston is become the image of the king , and presents his beams and influence into all parts of the kingdom ; and according to his aspect they often change and wane , and yet at the best were but as in a misty night . the barons liked not this condition of state-idolatry ; they were willing to adore the king , but they could not bow to an image : they desired nothing more , than that their king might shine in his proper glory . thrice is gaveston banished , thrice he returns ; the last occasioned another civil war , wherein gaveston lost his head . thus the lords removed the eclipse , but ( little the better thereby ) they find it a vain labour to compel the sun to shine by force , when it hath no light . though gaveston be gone , the mist of foreign councils prevail ; this was bred in the bloud , fed with bloud , and ended in bloud . through the glass of foreign councils all things seem of foreign colour ; the king to the people , and the people to him . the king at length begins to see himself undervalued , and that it began in himself ; ventures himself into the wars with scotland to win honour ; goes with much splendour , but returns with the greatest blot that ever english king suffered , confounded abroad , and slighted at home . for the bravest men , by ill success , are lost in common opinion ; or , to speak in a higher strain , where god doth not bless , man will not . the king thus almost annihilated , catches hold of rome , fawns on the clergy , passes to them the ordinances of articuli cleri , and de prisis bonis cleri : which lost the free-men no right , although it concluded the crown . and to caress the commons , made the statute de vice-comitibus , and the city of london likewise by the statute de gavelletto . but god saw all sorts of men run at riot , and sends in upon the nation plague , famine , and other extraordinary testimonies of his displeasure , even to the wonderment of other nations ; and this brought a kind of sobriety into affairs , made all sorts tame , and for the present onely prepared them for better times . for the king's time of longing again is come , and he must have new play-fellows ; finds the spencers , or rather was found of them ; they grow in honour almost beyond the reach of the nobles , but not beyond their envy ; and are more secure than gaveston in this , that in their first sprouting the king's council served himself and them to keep in with the commons by making good laws ; such as the statutes at york , of essoyns , attaints of jurors , levying of fines , and estreats into the exchequer , &c. all of them promising good government . the barons nevertheless liked not the spencers greatness , and being by several occasions exasperated , joyn in one , and occasion a new war : the king , aided by the commons ( who yet thought better of the king than of the barons , whom they saw prejudiced rather out of self-apprehensions , than the publick good ) prevailed against the barons , and made them the first president of death upon the scaffold . now the spencers are lords alone , thinking themselves above the reach of the once formidable barons , and the commons too inferiour for their respect . thus lifted up , they take a flight like that of icarus . they had so much of the king's heart , as they could not spare any part thereof to the queen ; and she being as loth to spare so much for them as they had , retired with the prince to a relief which they brought from beyond sea , and with whom both lords and commons joyn . the favourites missing of their wonted wings , come down faster than they ascended ; and together with them , the king himself , all of them irrecoverably . thus favourites , instead of cement between prince and people , becoming rocks of offence , bring ruine sometimes to all , but always to themselves . the king foresaw the storm , and thought it safest first to cry truce with the people , and come to agreement with them by common consent , for the extent of his prerogative in certain particular cases questionable ; and this summed up , became a statute for future times , to be a ne plus ultra between the king and people . the like agreement likewise was concerning services of tenants to their lords ; and an oath framed to vindicate them from all encroachments . and something was done to calm the clergie for the demolishing of the templar-knights ; but the wound was incurable ; words are not believed , if actions do not succeed ; nor will oaths now made to bind kings , bishops , counsellors of state , sheriffs , mayors , bailiffs , or judges , to justice ; nor directions for regulating of courts , nor ordinances against false moneys and weights , nor all of them , settle the people ; but they adhere to the queen , burning with jealousie against the king , and both her self and the lords with rage against the spencers . the king flies , and being forsaken of the people , the lords , the clergie , his own son , and the wife of his own bosom , and of god himself , as the most absolute abject that ever swayed the scepter , lost the same ; and being made a monument of gods revenge upon inordinate desires in a king , and of the english people , being enraged , not long surviving his demise , he died a death meet to be for ever blotted out of the thoughts of all subjects , but to be had in everlasting remembrance of all kings . for if a kingdom or parliament misleads the king , at the worst he is but misled by his council ; but if he be drawn aside by favorites , he must thank his own lust : in the one , he hath but the least share in the burthen ; in the other , he must bear the whole . chap. lxv . of the condition of the nobility of england , till the time of edward the third . now was prerogative mounted up to the highest pitch , or endeavoured so to be ; either through the weakness or power of these kings , of whom the first and last had little to ground upon but their own will ; and the other , i mean edward the first , had more wisdom and power , but was otherwise distracted by foraign and more urgent employments ; so as the work fainted before it came to its full period . the contest was between the king and barons , who till those days were rather the great and richer sort of men , than peers , although they also were of the number . i am not so sharp-sighted as to reach the utmost intentions of the lords : but their pretences are to such publick nature , as it is plain , that if their private interest was wrapped up therein , they were inseparable : and i shall never quarrel the lords aim at private respects , whenas it is plain , the publick was so importantly concerned ; and yet i will not justi●ie all that i find written concerning their words and actions . the speech of the e. of cornwal to his his elder brother , and king henry the third , i will neither render up my castle , nor depart the kingdom , but by the judgment of the peers : and of simon the e. of leicester to the same king , that he lyed , and were he not a king , the earl would make him repent his word ; and of the lords , that they would drive the king out of his kingdom , and elect another ; and of the e. marshal to edward the first , that he would neither go into gascoine , nor hang ; and such other , do savour of passion ( especially that of the e. of leicester and the lords ) and may seem harsh and unmannerly ; and yet may admit of some allay , if the general rudeness of the time , the king 's injurious provocations , and the passions of cholerick men , be weighed together . yet will not all these trench upon the cause , nor render the state of the lords too high , or disproportionable to their place in the policy of the kingdom of england , as things then stood : i say , it was not disproportionable ; for where the degree of a king was mounting up to such a pitch as to be above law , the lords exceeded not their places in pressing him with their counsels to conform to the laws ; and in maintaining that trust that was reposed in them , in keeping off such sinister counsels and invasions as might violate the laws and liberties , or hinder the current of justice ; concerning which i shall shortly state the case , and leave it to the censure of others . the government of the people of this nation in their original , was democratical , mixt with an aristocracie , if any credit be to be given to that little light of history that is left unto us from those ancient times . afterwards , when they swarmed from their hive in forreign parts , and came over hither , they came in a warlike manner , under one conducter , whom they called a king ; whose power , whatever in the war , yet in time of peace was not of that height as to rule alone ; i mean , that whereas the lords formerly had the principal executory power of laws setled in them , they never were absolutely devested of that power by the access of a king ; nor was the king ever possessed of all that power , nor was it ever given to him ; but the lords did ever hold that power , the king concurring with them ; and in case the king would not concur , the people generally sided with the lords , and so in conclusion the king suffered in the quarrel . from this ground did arise from time to time the wandrings of the people in electing and deposing their kings during the saxon times . nor did nor could the norman williams shake off this co-partnership , but were many times , as well as other ensuing princes , perswaded against their own minds and plotted desires . nor can it otherways be supposed where councils are setled ; for whereto serve they , if ( notwithstanding them ) the king may go the way of his inordinate desire ? if the lords then did appear against these kings whereof we treat , in cases where they appeared against the laws and liberties of the people ; it was neither new , nor so heinous as it is noised , for them ( who are equally , if not more entrusted with the common-wealth than the king , by how much the counsellors are trusted more than the counselled ) to be true , for the maintenance of their trust , in case the king shall desert his . but the greater question is concerning the manner by threats and war. it is as probable , i grant , that the lords used the one as the other ; for it was the common vice of the times to be rugged : yet if we shall add to what hath been already said , first , that knight-service was for the defence of the kingdom principally . secondly , that the greatest power of knight-service rested with the lords , not only in propriety and ownership , but in point of direction for the benefit of the commonwealth ; and lastly , that the state of the times now , was such as the kingdom was oppressed by strangers counsels , and the counsels of the kingdom rejected ; that instead of law , garrisons of strangers ruled ; that no man could own his own ; that the subjects were looked upon as enemies ; and of all this the king made the principal instrument , who had ruled and over-ruled in this manner , and so was resolved to continue . i shall leave it to the better judgement of others , what other healing plaister was to be had for such a sore . albeit it cannot be denied , that more due respects might have been tendred to kingly dignity than was in those times practised : and yet there was a difference also in the occasions of war ; for certainly that last war with edward the second , was more fatal , and yet less warrantable ; and in the issue declared that there was more of the queen therein than of the lords , who knew a way of removing favourites from the king , without removing the king from the kingdom , or driving him out of the world. in all which nevertheless , it cannot be concluded that the lords party was encreased more than in the former kings times ; for the loss of the field in henry the thirds time against the prince , kept them in awe all the succeeding reign ( although they were not then tongue-tyed ) and their second loss against edward the second , which was yet more sharp , questionless quelled their spirits ( although they lost no right thereby ) and encreased the kings party much by the access to the crown of the services of such as held of those lords that were attainted or disinherited : and yet by a hidden providence , the king was little the better when it came to the pinch : for when edward the second 's queen came from beyond the seas , though with but a small force , all forsake the king ; neither regarding the former terrour of the army of a king , nor the right or service , nor oath of fealty , nor promises , nor laws , nor other engagements ; and so the king becomes a prey to an enraged woman ; or , which is worse , to a jealous wife : so little can the name of a king do , when his person is despised ; and so vain for him to trust in his militia , that hath already disarmed himself of the hearts of his subjects . the sum then of all the labours of the nobles during these times will rest in this , that they won the day , and yet lost the field : although they lost their own blouds and estates , yet they saved all to the people , and left laws in force , able to debate with prerogative in the hand of any king that should succeed . thus stood the matter in fact upon such grounds as it had , the validity whereof it is not my work to censure neither by the ballance of law or gospel , but leave it as a sore time , that scarce will endure touch , nor bear a king further than he was good or brave . chap. lxvi . of the state of the english clergie until the time of edward the third : and herein concerning the statute of circumspecte agatis , articuli cleri ; and of general councils , and national synods . it was a time of much action throughout the whole christian state ; and rome now having attained to its full glory , began to be eyed on all parts , as an irregular motion crossing all affairs , that it may like the sole empress command all , and be controuled by none ; and this wrought some stirrings in france , complainings in england , and facing between the emperour and the pope . how chargeable this was to the pope's treasury it is not material , but it occasioned , or was pretended to be the occasion , of all the intolerable exactions ensuing ; there being scarce one year passed over without some extraordinary exaction levyed upon the church-men , either by provisors , tenths , procurations , levies for the holy war , quindizms , benevolences , or other such like ; and where money was not to be had , by levies of ornaments , or of rich apparel , by intimation , begging , perswading , commanding , threatning ; and in this course they continued till they had out-faced shame it self , and that the whole law of rome became comprehended in this one , quicquid libet licet . in general therefore the church of rome cannot be said to thrive during these extorting times , although rome did ; for if the laity were pillaged by the king , the clergie much more both by pope and king : if the one complained , the other cried : the one sometimes found relief from the king , but the other was helpless ; for the pope had no ears to hear , nor the king hands to help . he neither durst nor would cross the pope , although the clergie told him , that by these exactions they were impoverished in such manner , as they were disabled to do him service for their lay-fees . thus rome becomes a burthen to rome , and the members weary of bearing their head. hereafter must the pope beware of falling out with kings ; for the english clergie now , though late , see , that all is not gold that glitters ; nor is it any great priviledge to be the pope's men , further than the pope will be a good master , but this was not to be expected . popes were grown so excellent , as they could not amend ; and england so enamoured of them , as it is become their verè hortus deliciarum , as the pope called it , when he saw the rich vestments of the english church-men ; and therefore they must now be contented to be the pope's viands as often as his hungry maw doth call , or otherwise they must fall out . an excellent posture of affairs , and brave preparative to dispose the hearts of all sorts for entertainment of the easie yoke of christ's government , which was now at the door , and ready to be revealed ! nevertheless , poor and mean as the clergie was , they had courage enough not onely to stickle both with king and people for their own liberties , but also to invade the liberties both of the crown and commons ; having this advantage , that they had to do with a king and people that were two ; and themselves well seconded by the pope , that had no less power in those times of publick distraction , and was bound to serve the cattle well that yielded him so much milk . the particular matters of debate may appear in their paper of grievances composed in henry the third's time , and their resolutions thereupon : their complaints were renewed again in the time of edward the first ( if we may give credit to baronius ) after the statute of circumspecte agatis . to the end therefore that the whole may lie before us , i shall set down the matter or substance of both these papers severally , in regard they sound much alike ; and note the difference : all which i shall do , to the end that it may more plainly appear what the church-mens idaea was , and how far the common law and king's prerogative would agree thereto . the complaints are of this nature . . that the church-possessions in their vacancies are wasted , and that escheators do not onely seize the personal estate of the abbot or prior deceased , but such corn in the barn , and other goods belonging to the houses , for their maintenance ; as also the profits of churches impropriate . , & , & . elections are either disturbed by the king's letters preceding , or by delay of the royal assent subsequent to the said elections . . the lay-power , without the advice of the clergie , do put in , eject , or restore incumbents to benefices void . . prelates are summoned to answer to the lay-power , in the writs quare excommunicavit , and quare non admisit . . clerks are distrained in their lay-fees , to answer before the lay-power in action of debts , trespass , or other personal actions ; and in case they have no lay-fees , the ordinary is distrained by his barony to cause the clerk to appear . . the laity are forbidden to take oath , or to inform upon oath before the prelates , and to obey the prelates commands in such cases . . persons taken and imprisoned upon excommunication , are ordinarily dismist without satisfaction to the prelate ; and sometimes are not taken by the sheriff , notwithstanding the king 's writ : and as well the king as his officers do ordinarily communicate with such as are excommunicated , and likewise command others to communicate with them . . clerks imprisoned for felony are refused to be delivered to the ordinary , unless upon security to appear before the justices in oyer ; and sometimes are hanged before their ordinary can demand them ; and sometimes their heads are all shaven , that they may not appear to be clerks . . justices itinerant do imprison clerks defamed for felony , or otherwise out-law them if they do not appear . and otherwise proceed against clerks after their purgation before the ordinary . . the lay-power seizes upon the estates of clerks degraded for crimes . . clergie are compelled to answer and give satisfaction for offences against the forest-laws before the lay-power : and in case of default , the bishop by distress is compelled to order satisfaction , as well in such cases , as in personal actions . . priviledges of sanctuary are invaded by force . . executors of bishops are hindred from administring the estate without license first obtained from the king. . the king's tenants goods are seized after their decease by the king's bayliffs . . intestates goods are seized by their lords , and their ordinary hindred from administration . . the king's prohibition passeth in case of tythes and chappels . . the like in cases of troth plight , perjury , cerage , heriet , or other church-duties , as money for reparations of churches , and fences in church-yards , pecuniary punishment for adultery , and costs of suit in ecclesiastical court , sacriledge , excommunication for breach of the liberties of the church , contrary to the grand charter . . in cases of prohibition , if the ecclesiastical judge proceed contrary to the same , he is attached , and compelled to shew his acts in court ; if the lay-judge determine the cause to be temporal , the ecclesiastical judge is amerced ; if he proceed against the prohibition , and it is tryed by witnesses of two ribaulds : and in case it be found for the ecclesiastical judges cognizance , yet there is no costs allowed for such vexation . . that jews in matters ecclesiastical aforesaid , are by the king's prohibition drawn from the ecclesiastical judge unto the lay-magistrate . . question about lands given in frankalmoin , are tryed in the lay-courts ; and by reason of such tenure , the owners , though clergie men , are compelled to do suit at the lay-courts , and are charged with impositions , and are distrained hereunto , although the lord have other land of the donor in frankalmoin subject to his distress . . prelates summoned to higher courts , are not allowed to make attorneys to appear for them in the inferiour civil courts . . grantees of murage , or other unwonted impositions , compel the church-men to pay the same . , & . the clergie are charged with quarter , cart-service , and purveying . . the chancery sendeth out new writs contrary to the liberties of the church , and the law of the land , without the assent of the council of the kingdom , princes and prelates . . the king doth compel the clergie to benevolences to the king at his voyage into foreign parts . . amercements granted to clergie-men , are turned into fines by the justices , and by them taken . . clergie-men are fined for want of appearance before the justices itinerant , and of the forest , upon common summons . . quo warranto's granted against the clergie for their liberties , and the same seized , unless they be set down in express words in their charter , notwithstanding that by long custom they have enjoyed the same , and many times contrary to express grant . this is the sum of their paper of grievances ; and because they found the king either wilful or unconstant , they resolve upon a remedy of their own , by excommunication and interdiction , not sparing the persons of any principal or accessory , nor their lands , no not of the king himself : and for this they joyn all as one man. now what scare this made , i know not , but henry the third in the stat. of marlb . and edward the first in his stat. at westminster , and other statutes : the first spake fair , and seemed to redress some of these complaints : as also did edward the second ; and yet the common law lost little ground thereby . that which henry the third did , besides his promises of reforming , was done in the stat. of marlbridge . the successors of abbots , priors , and prelates , &c. shall have an action of trespass for trespasses done nigh before the death of their decessors , upon the estates of their corporations . and shall prosecute an action begun by their predecessors . and also shall have an assize against intruders into any of the possessions belonging to the said corporations whereof their predecessors died seized . this might seem a remedy provided against the first malady complained of , and questionless bound all but the king ; and so might perchance abate somewhat the edge of that article . but it being the clergies reach to grow rich , and the pope's cunning to help on that work , that they might be as stores for supply of his treasury ; and had forbidden abbots and other prelates , &c. the liberty of disposing their estates by last will : kings therefore as supreme patrons to these bodies in their vacancies , used to seize all the estates of the prelates , with the temporalities , to their own use , as well to preserve the riches of the kingdom to it self , and the possessions of such corporations from spoil , as to be a cloke of their own covetousness . and under the estates of the prelates , or heads of these corporations , all the goods and chattels belonging to the said corporations were comprehended , in regard that all was by law adjudged to be in the sole possession of such head , and without whom all the rest were accounted but as dead persons . no clergie-man is bound to attend at the sheriff's turn . william the conquerour first exempted the persons of the clergy from attendance upon temporal courts ; yet they were still urged thereto , and especially by a law in henry the first 's time ; but by this law they are discharged , and in some measure a provision made against the grievance in the th article before-mentioned . these amends we find made to the clergie by henry the third , besides his confirming the grand charter : and his son edward the first pursued the same course , especially in his first times , when he was but tenderly rooted ; as may appear in the statute of west . . clergie-men nor their houses shall be charged with quarter , nor their goods with purveyance or cart-service , under peril of imprisonment , and damages by action or imprisonment . the great endowments of lands , rents , and revenues given to the church-men by the laity , was for the maintenance of hospitality and works of charity . the founders and benefactors hereby obtained a right of corody or entertainment at such places , in nature of free-quarter ; which in the necessitous times of henry the third , became so common , that every one that had power never questioned right , and the king above all the rest . by means whereof , the church-revenues were exceedingly wasted : for remedy whereof , all offenders are by this statute made liable to fine and imprisonment , and double damages in case of action of trespass ; the king onely excepted , against whom they had no defence , but would rather have won him to have been their defence against the exactions from rome that continually plagued them . a clerk taken upon felony , being demanded , shall be delivered to the ordinary ; but being indicted , shall not be dismissed by the ordinary without due purgation . with due respects to the judgment of those grave and honourable persons of the law , it seemeth to me that before the making hereof , the use was , that if a clerk was defamed , or appealed by an offender for felony , before conviction , he was forthwith imprisoned . nor could he be delivered unto the ordinary upon demand before inquest taken , unless upon sufficient security to endure the tryal before the judges itinerant ; which thing was not easie to be had for a clerk , as times then were . this law therefore was made in favour of the clergie , who required that such as were clerici noti & honesti , should forthwith upon their apprehending be sent unto their ordinary ; and those which were vagi & incogniti , should upon demand be delivered to be judged by their ordinary freely , and non expectatis justiciariis quibuscunque . such wandring clerks therefore the clergy will have delivered before inquisition , if demand be made . nevertheless , because the indictment passed many times before the demand came ; for by the fifteenth article of the clergies complaints foregoing , it appears that the lay-judge made more than ordinary speed , for fear of stop : this law provided that such also should be delivered to their ordinary , and that due purgation should pass before the party were delivered ; and in case the ordinary neglected his duty herein , he was liable to a fine or amercement . thus is briton to be understood in this point ; whereas bracton speaking of such as are convicted , affirmeth , that if demand be made of such as are not indicted ( for of such he speaketh ) they ought to be delivered without indictment : i suppose he meaneth by the church-law ; for till this statute the temporal judges practice was otherwise , as appeareth by the fourteenth article of the clergies complaint foregoing ; and so by this law , the fourteenth and fifteenth articles of the clergies complaint are answered . disturbers of the freedom of elections fined . with submission to the judgment of others , i suppose that this was framed principally for the satisfaction of the clergies complaints in the third , fourth , and fifth articles foregoing : and i am the rather induced hereto , because as touching elections into temporal places of government , several laws are especially framed ; such as are elections of sheriffs and coroners , whereof the one is west . . cap. . the other artic. super cart. cap. . and no law is especially made as touching the elections of the clergie , if not this . ordinaries having the goods of the intestate , shall answer his debts . originally the goods of the intestate passed by a kind of descent to the children : afterward by a saxon law , the wife had her part ; and this continued all the normans time . but now the strength of the canon-law growing to its full pitch , after a long chase attached the prey . in henry the first 's time they had gotten a taste ; for although the wife and children , or next of kin , had then the possession , yet it was for the good of the soul of the deceased ; and the ordinary had a directing power therein , and so was in the nature of an overseer , and somewhat more . afterwards in the time of king john , the clergie had drawn bloud : for though the possession was as formerly , yet the dividend must be made in the view of the church ; and by this means the dividers were but meer instruments , and the right was vanished into the clouds , or , as the lawyers term it , in abeyance . but in henry the third's time , the clergy had not onely gotten the game , but gorged it : both right and possession was now become theirs , and wrong done to none but the clouds . this was not well digested before edward the first recovered part of the morsel , and by this law declared the use to be for the benefit of the deceased . and thus the one was satisfied in having what he used not , the other , in using what he had not . but these are but gleanings ; the law of circumspecte agatis brings in a load at once : for the clergie being vexed with the passing of the statute of mortmain ( whereof hereafter when we come to speak of the clergies losses ) they make grievous complaints of wrongs done to their priviledges . and after six years the king is at length won , and passed a writing somewhat like a grant of liberties , which before-times were in controversie : and this grant , if it may be so called , hath by continuance usurped the name of a statute ; but in its own nature is no other than a writ directed to the judges , in substance as followeth : take good heed that you do not punish the bishop of norwich and his clergie , if they hold plea in court-christian of things merely spiritual : for in such cases the ecclesiastical judge hath cognisance , notwithstanding the king's prohibition . it is therefore neither grant nor release , but as it were a covenant , that the clergy shall hold peaceable possession of what they had , upon this ground , that the king's prohibition , hath no place in such things as are merely spiritual . so as hereby the clergy got a judgement against the crown by confession , and an estoppel , upon this maxime , that spiritual things belong to spiritual men , into which rank the king's person cannot come : thus thought they ; but what are spiritual causes , and why so called ? are they such as concern spiritual persons and things ? this was the old way : mark ; but if we bring into this category , adultery , fornication , incest , &c. we shall mar●all . linwood tells us , that mere spiritualia are such as are sine mixtura temporalium : there may be somewhat in this , though i cannot find it ; nor can i make out the sence of the term any other way , but to limit it to such things which by common custom the ecclesiastical judge had cognizance of : for otherwise neither king nor law ever intended it to be expounded by the canon , nor was it the intent of this writ , law , or license ( call it what you will ) thus to conclude , as the particulars following will manifest . fornication , adultery , and such-like , punished sometimes upon the body , and sometimes upon the purse . these crimes the saxons punished by the temporal power , as i have already shewed . the normans continued this course , if we may believe the conqueror's laws , which gave the fine in such cases to the lord of the delinquent . and it is confessed , that henry the first and the second continued it ; as the clergies own complaint , just or unjust , doth witness . and what course was holden in the time of king steven and john , is to me unknown ; nor is it much to be regarded , seeing the latter did he cared not what , and the former to gain the good will of the clergie regarded not what he did . the custom therefore cannot be made good for the clergie , much less to punish the bodies of freemen in such cases , it being contrary to the grand charter ; never asked by the clergie , formerly , nor no complaint before now for denial : for my part therefore i shall not apprehend it of a higher nature than the king 's writ , which in those days went forth at random , if the th article of the clergies , complaints foregoing be true . it being so contrary to the common sence of parliament to give the bodies of the freemen to the will of the clergie , to whom they would not submit their free holds . but the writ proceeds in enumeration of particulars . reparations and adornings of churches , and fences of church-yards . violence done to a clerk , defamation to reform , not to give damage . perjury , oblations , payments of tythes between rector and parishioner . right of tythes between two rectors to a fourth part of the value . mortuaries due by custom . a pension from a rector to a prelate or advocate . the most of which were under the power of a prohibition in the time of henry the third , who was king but yesterday , as the articles of complaint formerly set down do manifest . nor had the clergie ever better title than connivance of some such favourites as king steven , whose acts may , peradventure , be urged against kings , but not against the people , unless their own act can be produced to warrant them . the learning , in the princes case , will ( i suppose ) admit of a difference : for it can never be made , out , that the king's council in parliament was the magnum concilium regni , but onely the house of lords ; and therefore whatever passed in parliament by their onely advice might bind the king , but could never reach the commons nor their liberties . and thus the grand charter in the first conception was conclusive to the king , but was not the act of the parliament ; because the parliament cannot grant a charter to it self of that which was originally custom . and therefore this law , however countenanced , can never be concluded to be other than a permission ; not onely because it was never the act of the commons of england , but because it is contrary to the liberty of the freemen . and it is beyond all imagination , that the commons should out themselves from the protection of the common-law , and yoke themselves , their free-holds , and estates , under the bondage of the canons ; nor ought such a construction to be admitted , without express words to warrant it . as for the conclusion , it is worse , and not onely dishonourable to the king in binding his arms from protecting his subjects by the common laws , and so in some respects making them outlaws ; but dishonourable to it self , whilst it makes prohibitions grounded upon laws to be nullities , by a late trick of non obstante , which was first taken up by the pope , then by henry the third , and by this king granted to the clergie : and thus are all set at liberty from any rule but that of licentiousness . nevertheless , this law did thrive accordingly ; for we find scarce any footsteps in story of any regard had thereof till it became grey-headed . for it was not long e're the king stood in need of money , and was necessitated to try the good wills of the clergie more than once : this occasioned them to be slow in answer , and in conclusion to deny that they should aid the king with any more money , papa inconsulto . the king hereupon disavows the clergy , and leaves them to the romish oppressions , which were many ; and then the clergie rub up all old sores , and exhibit their complaints to their holy father , to this effect : . that the king's justices intermeddle in testamentary causes , accounts of executors , and cognizance of tythes , especially to the fourth part of the living . . that the clergie were charged to the king's carriages . that the king's mills were discharged from paying of tythes . that clerks attending on the exchequer , were necessitated to non-residency . and that after their decease , their goods were seized till their acounts were made . that ecclesiastical possessions were wasted during vacancies . . that clerks were admitted to free chappels by lay men . . that the king's justices took cognizance of vsury ; defamation , violence done to clerks , sacriledge , oblations , fences of the church-yards and mortuaries . . that prohibitions are granted without surmise . . that clerks are called to answer in the king's court for crimes , and being acquitted , the informers escape without penalty . . that clerks are not allowed their clergie . . that after purgation made , clerks are questioned in the king's court for the same offence . . that persons in sanctuary are therein besieged . . that the writ de cautione admittenda issueth forth , although the church be not satisfied ; and excommunicate persons being imprisoned , are enlarged in like manner . . that debts between clerks due , are determined in the temporal courts . . that bishops are compelled by distress to cause clerks to appear in lay-courts without cause . . that the church loseth it's right by the ceasing of rent or pension by the space of two years . . that nuns are compelled to sue in the lay-courts for their right in possessions befalling by decease of their kinred . . that churches are deprived of their priviledges till they shew quo warranto they hold them . . that ecclesiastical judges are stopped in their proceedings by sheriffs and great men . . that bishops refusal of clerks presented are examined in the lay-courts . . that patrons of religious houses do oppress them by extream quarter . . that bigamy and bastardy are tried in lay-courts . . that the king suffers his livings to be vacant for many years . . that the clergie are wronged by the statute of mortmain . here 's all , and more than all that 's true ; and more than enough , to let the reader see that the writ circumspecte agatis was but a face put on for the present , after laid aside , and the clergy left to the bare canon . they likewise shew what the clergy aimed at : and in that they did not obtain , it was to be attributed to the resolution of the laity , and not any neglect in themselves ; for the arch-bishop died in the service , and it is thought that grief for these matters was no little cause thereof . but the times within a while grew troublesome , and the king in pursuit of the french wars , being unadvised in his way , angred the people by his arbitrary levie of men and money , as it brought forth a state-scoul , little inferiour to a quarrel . and to pacifie the clergie , he granted them the writ de consultatione habenda in all matrimonial and testamentary cases , which were of their least doubted priviledges ; and this qualified the first article of complaint next foregowing , if such cause they had of complaint ; and this was all that the clergie got at edward the first 's hands . edward the second was a man that was neither well-affected to rome , nor weak in spirit ; and yet so unhappy , that his way neither promised good success , nor ever had it ; and so he became a servant unto the humours of his servants , to keep his head above water ; but especially after he was chased by the scots , and quite out of breath , he calls for help of all , but first of the clergie , and bespeaks them with the ordinance of articuli cleri ; wherein he gives some satisfaction to the complaints formerly mentioned , which it seems by baronius , were exhibited in parliament . ecclesiastical cognizance extendeth unto tythes , oblations , and mortuaries , and to pecuniary recompence . in the first times , neglect or denial of church-duties was punished in the king's court by fine . afterwards the bishop was joyned in that work , and the tythable goods were seized ; eight parts whereof were taken to the lords and the bishops use by moyeties , a ninth part left to the owner , and the tenth to the church . nor had the bishops any peculiar courts of cognizance of causes , till the times of the normans ; nor as yet in those times had they power to all intents : for though it be true , that the roman tribute of peter-pence was allowed by the conquerour's law to the bishop's court , yet we find no law for tythes and other profits to be recovered by the ecclesiastical court , till about the end of henry the second 's reign , or king steven's time . for at a council at london in henry the second 's time , it was ordained , that three summons in the pope's name should be made to such as payed not their tythes ; and in case they then refused , they should be anathema . and after that time , in a council at oxford under steven archbishop of canterbury , it was decreed , that the laity should be entreated first to pay their tythes , and then if necessity require , that they should be compelled by ecclesiastical censure . so as their power crept up by degrees in recovering of church duties , as it did in testamentary matters ; and at length henry the third , worn and spent with the barons wars , about his latter end yielded to boniface the archbishop his importunate demands ; and first gave liberty to the clergie to be their own judges : and yet the lay-judges , although divers of them were clergie men , did not suddenly forbear , till this law came , which gave some satisfaction to the first and fourth articles of complaint foregoing . ecclesiastical cognizance extendeth not to a fourth part of the tythes of any living , nor to pecuniary mulcts for sin , saving by way of commutation . the complaint of the clergie in henry the third's time , was against the king's prohibition in case of tythes indefinitely : for in those times , and afterwards in edward the first 's time , the king's court had the cognizance of all tythes ; and therefore in the statute of west . . c. . the writ of indicavit was allowed in case of right of any portion of tythes ; yet the church still gained ground , and about , or before the death of edward the first , the temporal judge had yielded unto the clergie the cognizance of a portion of tythes under the value of the fourth part : for in the article next foregoing , the clergies complaint was , that the kings justices held cognizance of the fourth part ; and here they were confined thereto by this law , which the clergie could never remove . for violence done to clerks the offender shall render damage in the kings court ; but excommunication , penance , and commutation shall be in the bishops court. the canon-law had an ancient claim to the protection of clerks , both as touching their persons and estates ; and prevailed so far , as they were thereby emboldened to offer violence unto others . but as i formerly shewed , by a law in henry the second's time , the temporal judge resumed his original power ; and this became a sore evil between the clergie and laity : for though it were allowed that clerks should not be sued but before the ecclesiastical judge in such cases , yet it was no warrant for the laity likewise to be called before the ecclesiastical judge in such cases ; and therefore the clergies complaints shew that the matter was doubtful , and that the lay-judge generally maintained his jurisdiction , although sometimes he disclaimed it ; as it may appear in the case of a trespass in the nature of a riot committed upon the priory of st. john's of jerusalem , in the seventh year of henry the third , when as it was adjudged per curiam , that it belonged to the ecclesiastical court to punish . but in edward the first 's time , by the ordinance of circumspecte agatis , and articles concerning prohibitions , the difference was made between damages , and pro reformatione , and the same affirmed by this law ; and so the matter setled , and the fourth article of the clergies complaint in some measure was satisfied . defamation within cognizance of the ecclesiastical court , and corporal penance therefore , and commutation . the words are general and peremptory , with a non obstante the kings prohibition ; and yet the law afterwards restrained the sence to defamation for crimes , or offences triable in the ecclesiastical court : and this gave further satisfaction to the fourth article of the clergies complaint foregoing . tythes of new mills may be recovered in the ecclesiastical court. this tythe of mills was a new encroached tythe never mentioned in any former law of this kingdom , nor demanded by the synod at london , anno . which mentions fruit-trees , young broods of living creatures that are tame , herbage , butter , cheese , with other particulars , but mentions not new mills . it is true , that anciently mills paid tythes ; but such they were , which were ancient , and had paid the same by custom ; and such as by law in the confessors time were declared to be given a rege , baronibus , & populo . but by the second article of the clergies complaint next foregoing , it appears that the kings mills refused to pay this tythe : now whether the new mills were called the kings mills , as being made upon the publick streams by the kings license ; or whether the mills newly made within the demesnes of the crown , it is not to be insisted upon ; but it is evident , that till this law made , the new mills would not tythe their labours . one and the same matter may be tryed at the common-law , after sentence in the spiritual court , in divers respects . the great sore that was complained of , was , that the clergie after purgation in the ecclesiastical court made , were proceeded against in the kings court in case of breach of peace or felony , as may appear out of the th article of the clergies first complaints , and the th article of that taken out of baronius . nevertheless , the present law subjoyns an example of the questioning a lay-man in the ecclesiastical court , in case of violence done to a clerk , as a matter which may be tryed in the ecclesiastical court , and yet reviewed by the kings court. the writ de excommunicato deliberando shall not issue forth , but upon evident breach of the kings liberty . this might be intended in satisfaction of the tenth article of the clergies complaint in baronius , and the tenth article in the clergies complaint first recited ; although that complaint both in the , , , and articles , seem to be but clamour upon officers , and not the kings court of justice . clerks officers to the exchequer are to be corrected by their ordinaries ; and yet not tyed to residence during their attendance on the exchequer . this is in part an answer to the second article of the clergies last complaint , and a justification thereof , as a thing that is pro bono publico . clergie-mens goods shall not be distrained either in the high-way , or sanctuary-grounds , unless such as have been of late purchase . the complaint exhibited in henry the third's time , and the th article , was only in ordinary personal actions ; but in the complaint made in edward the second 's time , article . is , that it is without cause that they are so distrained . this law yieldeth them somewhat , viz. immunity from distress within their ancient possessions , which had been by ancient custom priviledged ; but yields nothing as touching their latter purchased lands , because they had no such custom . high-ways and sanctuaries shall be free for such as abjure , so as they shall neither be restrained from liberty , nor necessaries kept from them . felons may make free confession to the priest without danger . the grievance in the th article of the clergies complaint in henry the thirds time , and the ninth in that of the times of edw. . are hereby relieved ; provided that the delinquent keeps himself in due order . houses of religion shall not be oppressed with corodies , pensions , or entertainments of great men . this answered the grievance in the . and . of the first complaint , and the th of the latter , and in effect little other than what was formerly setled by west . . cap. . the kings tenant may be cited before the ordinary out of their own town ; and if excommunicated for want of appearance , the writ de excommunicato capiendo shall be awarded . a remedy this was against the grievances in the and articles of the first complaint , and in the th article of the last schedule of complaints . and thus the clergie have gotten the day of the kings tenants , which they had been striving for ever since the conquest , as may appear by what hath been formerly said ; and now the kings tenants are in no better condition than other men , viz. they may now be excommunicated without the kings license : nor is the answer nunquum fuit negatum to be referred to the point of excommunication ; for that power was denyed them but unto the citing them out of their own parish , which cannot be found to be denyed to the clergie , by any thing that yet appeareth . a clerk presented and found unable by the ordinary , shall be tryed again by the ecclesiastical , and not the lay-judge . although the fitness or sufficency of the party presented , is to be examined by the ordinary , yet the civil magistrate hath power in action brought to enquire and determine whether the ordinaries work was rightly done ; and so the th article of the last complaint answered . elections shall be free . the laws was of the same with this in the stat. w. . cap. . which see before ; and it may be that the iniquity of the times continued notwithstanding , and so occasioned the renewing of this law. a clerk having taken sanctuary shall not be compelled to adjure . nor after confession of the crime , or appealing others before the secular judge , shall be denyed his clergie . although the temporal courts proceeded not so far as to pass sentence against a clerk that had taken sanctuary ; yet they proceeded to enquiry , as may appear by what was said formerly concerning the stat. west . . cap. . and therefore though this law in the th chap. alloweth that a clerk in sanctuary shall enjoy his ecclesiastical liberty , yet the words legi regni se reddens are interposed ; and the reason is , because the king upon indictment found , had right to the delinquents goods , and profits of his lands , until due purgation ; and then his lands were by a writ out of the chancery to be restored to him again : nor could any purgation regularly pass before the party was indicted . no religious house shall be charged with tax to any superiour without the realm of england ; nor shall send to any visitation out of england . this was neither at the request of the clergie , nor act of kindness intended unto them ; but for the good of the kingdom , to prevent the bleeding of the treasure of the kingdom into foraign parts . patrons of abbies shall have their custody during their vacancies . this was the ancient law , now revived by the clergies consent , and intended for the safeguard of the revenues of the houses , and their maintenance ; and therefore it is with a sicut superius dictum est , cap. . the goods of the clergie freed from purveyance , unless they will. it was a favour given by edw. . to the clergie , to gain their good will after the death of gaveston , the shameful defeat received in scotland , and some particular testimonies of god's displeasure , whereof he began to be somewhat sensible . franchises holden by prescription or charter confirmed , and tryals by quo warranto allowed to be in eyer . it was the common share of the great men , but especially of the clergie , to have their franchises exposed to the prey of the eagles , or to such as hawked for them ; and it is likely the king had not so easily for gone his prize , if all the fat had fall'n to his own share : but perceiving that more benefit came to his instruments than was meet , and himself little the better thereby ; he sacrificed his judges to the people , but it was to his own behoof , and so gained both credit and favour from the people , and profit to himself ; and in some measure satisfied the , , . articles of the clergies complaint in the time of henry the third , and the th article of their last complaint . lands or tenements aliened to a religious house shall escheat to the lord , if the alienor take the same back to hold of that house . the ground hereof principally was the prejudice done to the lord by destruction of the tenure , albeit that it had been an ancient grievance complained of in the saxon times , that the clergie were covetous , and swallowed down estates , and thereby weakned the kingdom . but now they are become even cheaters , serving the turns of treacherous tenants , that would give their lands by compact with the church-men , to receive them again from them to hold of the church ; which was a liberty that men thirsted after in those times , wherein the church-men were more adored than their images . it seems this law was made after bracton's time , if that be true in the second institutes : for he saith that a man may give his lands to any one , whether christian or jew , or religious person , and nothing shall hinder it but the special reservation of the donor ; and yet he saith that such gift or grant taketh not away the right of the lord paramount in his tenure , albeit the gift be in free alms. nevertheless it seemeth to be such restraint , that the templars and hospitallers were fain to find out a new way , which was to protect mens tenements from execution of law by levying crosses thereon , albeit the right of the lords was not barred ; and therefore edw. . provided a law to make this also in nature of a mortmain within the statute made in the seventh year of his reign , called the statute de religiosis ; by which it was enacted , that in case of such alienations in mortmain , the lord should have liberty to enter , if he failed , then the lord paramount ; or if he failed , the king should enter , and dispose of the same ; and that no license of mortmain should be sued out , but by the mean lord's assent ; and where part of the premises remain still in the donor , and the original writ mentioneth all the particulars . and thus at length was this issue for the present stayed , which hitherto wasted the strength of the kingdom ; and by continual current emptying it into the mare mortuum of the clergie , consumed the maintenance of knight service , by converting the same to clerk-service . no judge shall compel a free-man to make oath without the kings command . so is the sence of the law rendred by an ancient authour ; and i hope i shall not wrong the text , if i affirm , that the ecclesiastical judge was included within the equity , though properly he be not balivus ; for the law intends to shew that it is a liberty that the subject hath , not to be compelled to take oath without the kings especial command ; and by consequence it sheweth also , that the king at that time , and until then , had the directory of oaths ; for it was an ancient liberty given in the kings charters unto such as they pleased , viz. to impose oaths , and to punish for breach of oath ; and this passed under the word athae or athas ; and so edmund the saxon king gave to the abbey of glastenbury amongst other athas & ordulas ; and the church-men that first procured vacations from suits of law during holy times , procured a law also to be setled by edward the saxon king , and gunthurne the dane , that ordeal and oaths should be forbidden upon the holy feasts and lawful fasts . and a wonder it is how it escaped the gripe of the clergie so long , who catched at any thing that had but a glance of gods worship in it . and if this were the subjects liberty , not to be compelled to swear , surely much more not to be compelled to accuse himself , unless by the law he be especially bound ; for it is glanvil's rule , ob infamiam non solet juxta legem terrae aliquis per legem apparentem se purgare , nisi prius convictus fuerit , vel confessus in curia . but the power of the clergie now was grown strong , and they begin to remember themselves ; and that oaths are of a holy regard , and they men for holiness best able to judge when , and to whom they shall be ministred , and therefore now they begin to enter their claim ; and to make a sure title , they get a grant from pope innocent to steven langton arch-bishop of canterbury , of a faculty of licensing administration of oaths during the time of lent ; and he accordingly enjoyed it during the mad time of henry the third . but edward the first quarrelled it , and left it questionable to edward the second , who being in his condition as a lost man , had less care of such smaller matters , and therefore allowed that his judges of assizes should be licensed by the arch-bishop to administer oaths in their circuits in the sacred times of advent and septuagessima : and this course continued till henry the eighth's time . the clergie having thus gotten the bridle , gallop amain : they now call whom they will , and put them to their oaths to accuse other men or themselves , or else they are excommunicated . henry the third withstood this course , if the clergie-mens complaints in the times of that king , artic. . be true ; and notwithstanding the same , the law holds its course ; and in pursuance thereof , we find an attachment upon a prohibition in this form ensuing . put the bishop of n. to his pledges , that he be before our justices , to shew cause why he made to be summoned , and by ecclesiastical censures constrained lay-persons , men or women , to appear before him to swear unwillingly at the bishops pleasure , to the great prejudice of our crown and dignity , and contrary to the custom of the kingdom of england . and thus both king and clergie were at contest for this power over the peoples consciences , to which neither had the right otherwise than by rules of law. bigamists shall not be allowed their clergie , whether they become such before the council of lyons , or since ; and that constitution there made shall be so construed . whatsoever therefore their synods in those times pretended against the married clergie , it seemeth by this law that they had clergie that were married once and again ; and yet before and after the council , were admitted as clerks in the judgment of the law. but the general council interposes their authority , and deprives them that are the second time married , of all their priviledges of clergie . it was it seemeth twenty years and more after that council , before the church-men in england were throughly reformed ; for either some were still bigami at the making of this law , or as touching that point it was vain ; nor is it easie to conceive what occasion should after so long a time move such exposition , the words of the constitution being , bigamos omni privilegio clericali declaramus esse nudatos . now whether this slow reformation arose from the defect in law , or in obedience thereto , may be gathered from some particulars ensuing . first , it is apparent that the canons of general councils , eo nomine , had formerly of ancient times gotten a kind of preheminence in this nation ; but by what means , is not so clear . in the saxon times , they were of no further force than the great council of this kingdom allowed by express act . for the nicene faith , and the first five general councils , were received by synodical confirmations of this kingdom made in the joynt meeting both of the laity and clergie ; and during such joynt consulting , the summons to the general councils was sent to the king to send bishops , abbots , &c. but after that the laity were excluded by the clergie from their meetings , and the king himself also served in the same manner ; the summons to the general council issued forth to the bishops immediately , and in particular to each of them , and to the abbots and priors in general ; by vertue whereof , they went inconsulto rege , and sometimes rege renitente , and appeared either personally or by proxie . others came as parties , to give and receive direction , or hear sentence in matters tending to spiritual regards . and for this cause issued summons even to kings ; as at the council of lyons aforesaid , it is said , that the pope had cited regis terrae , & alios mundi principes , & dictum principem , meaning henry the third : the matter was for assistance to the holy war , and to determine the matter between henry the third and his clergie men . and as in that case , so in others of that kind , kings would send their embassadors or proctors , and give them power in their princes name interessendi , tranctandi , communicandi & concludendi . first , of such matters quae ad reformationem ecclesiae universalis in capite & membris , then of such as concern fidei orthodoxae fulciamentum , regumque ac principum pacificationem , or any other particular cause which occasionally might be inserted . so long then as kings had their votes in the general councils , they were engaged in the maintenance of their decrees ; and by this means entred the canon-law into kingdoms . nor was the vote of kings difficult to be obtained , especially in matters that trenched not upon the crown ; for the pope ( knowing well that kings were too wise to adventure their own persons into foraign parts where the general councils were holden , and that it was thrift for them to send such proctors that might not altogether spend upon the king's purse ) allowed bishops and clergy-men to be proctors for their princes , that in the negative they might be pii inimici , and less active ; but in the affirmative zealous ; and so make the way wider , by the temporal and spiritual vote joyned in one . neither did kings onely save their purse , but they also made their own further advantage hereby ; for by the engagement and respect which these their proctors had in councils , they ( being for the most part such as were had in best esteem ) obtained better respect to the cause that they handled , and speedier dispatch . nevertheless the case sometimes was such , as could not expect favour ; and then as the king's temper was , they would sometimes ride it out with full sail , and to that end would either joyn with their ecclesiastcal proctors some of the barons and great men of their realm , to add to the cry , and make their affairs ring louder in the ears of fame ( although the pope had the greater vote ) or otherwise would send an inhibition unto their proctors and their assistants ; or an injunction to look to the rights of the crown , as henry the third did at the council at lyons ; and this sounded in nature of a protest , and ( within the realm of england ) had the force of a proviso , or saving . but if the worst of all come to pass , viz. that the council passed the cause against kings without any inhibition or injunction , yet could it not bind the law of the land , or kings just prerogatives , no not in these times of rome's hour , and of the power of darkness . for at a synod holden by arch-bishop peckham , an. . the acts of the council of lyons were ratified , and amongst others , a canon against non-residency and pluralities ; and yet neither council nor synod could prevail ; for in edward the second's time an abbot presenting to a church vacant ( as was supposed ) by the canon of pluralities , the king whose chaplain was disturbed , enjoyned the abbot to revoke his presentation upon this ground , cum igitur , &c. in english thus : whereas therefore that decree bindeth not our clerks in our service , in regard that the kings and princes of england from time to time have enjoyed that liberty and prerogative , that their clerks whilst they attend upon their service shall not be constrained to undertake holy things , or to be personally resident on their benefices , &c. and if this present law be considered whereof we now treat , which took leave to enact a sence upon a former canon so long since made , and ( which is all one ) to mak● a general council ( will or nill it ) to tread in the steps of an english parliament , or ( which is more mean ) to speak after the sence of an english declaration , that had not yet attained the full growth of a statute , as was then conceived ; it will evidently appear , that the power of a council made up of a mixture of a few votes out of several nations , or the major part of them , being unacquainted with the laws and customs of nations , ( other than their own ) was too mean to set a law upon any particuler nation contrary to its own original and fundamental law. and as the voters sent to the grand councils from england were but few , so neither were the proctors ; as may appear from this , that pope innocent , out of his moderation , if we may believe it , and to avoid much expence , as he saith , did order that the number of proctors in such cases should be few . but in truth , the times then were no times for moderation amongst popes and their officers , and therefore it was another thing that pinched ; for multitude of proctors , if their number had not been moderated , might perhaps , if not prevail , yet so blemish the contrary party , that what the pope should get , must cost him loss of spirits , if not bloud . and although the bishops being fast friends to the pope , by vertue of their oath , did prevail in power , and the pope had the controul of the council : yet the exceeding number of the proctors , on the contrary , might render their conclusions somewhat questionable in point of honesty , as being made against the mindes of the greater number of persons present , though their votes were fewer . to avoid this difficulty therefore , for more surety-sake , the popes enlarged the number of voters ; for whereas it seemeth to be an ancient rule , that onely four bishops should go out of england to the general council , in after-ages not one bishop could be spared , unless in cases of great and emergent consequence ( as may appear by the pope's letter to henry third ) and the case required it : for the oppressions of the pope began to ring so loud , as the holy chair began to shake . neither did kings confine themselves to any certain number of proctors , notwithstanding the pope's moderation ; but as the case required , sent more or less : as unto the council at pisa , for the composing and quieting that great schism in the popedom , henry the fourth sent solemn embassadors , and with them nigh eighty in all . but unto the council at basil , henry the sixth sent not above twelve or thirteen , as mr. selden more particularly relateth . and unto the council at lyons , formerly mentioned , the parliament sent but six or seven , to remonstrate their complaints of the extortions of the court at rome , their legates and emissaries . the sum of all will be , that the acts of general councils were but counsels , which being offered to the sence of the parliament of england , might grow up to the degree of laws , if the parliament liked them . nevertheless , national synods in england undertook the quarrel of general councils : for arch-bishop peckham , in a synod , . enjoyned the constitutions made in the council at lyons , to be observed under a curse , without consultation first had with the parliament , or before he knew whether they would be right or wrong . and before him boniface made constitutions in opposition to the customs of the kingdom ; so as the matter was now come to a kind of contest , whether synods or parliaments should hold supremacy in doubtful cases concerning the limits of the ecclesiastical and temporal power . for henceforth kings must bid adieu to the synods , and sit no more amongst them ; and synods now think themselves free to consult and determine what they please , without speaking under correction ; nor was there other remedy left to kings but threats , by writs directed to the bishops , firmiter inhibendo quod , sicut baronias quas de rege tenent diligunt , nullo modo praesumant concilium tenere de aliquibus quae ad coronam regis attinent , vel quae ad personam regis , vel statum suum , vel statum concilii sui contingunt , quod si fecerint , rex inde se capiat ad baronias suas . and this prevailed so effectually , that the bishops durst not adventure too far , lest they should go beyond their guard ; and therefore they come and ask leave of the parliament in cases that trenched upon the law of the kingdom ; as they did in the case of bastardy , wherein they would have had their consent , that children born before marriage might be made legitimate by the marriage subsequent . and yet they could not prevail ; for they were answered , nolumus leges angliae mutari , notwithstanding that the canon-law and the laws of the normans sided with them . and so they obtained not their desire , although they still retained the tryal of general bastardy unto themselves . nevertheless the times were such , as kings being too weakly assisted by the people , and the clergie strongly seconded by the pope , they took advantage of those times of distraction , so as to hold themselves no farther obliged to the king , than the pope and their own covetousness would allow them : and to make all sure , they had setled it so far as they were able , by a constitution that the clergie were not bound to aid the king papa inconsulto : and they put it in practice in a synod under arch-bishop winchelsie , anno . in the time of edward the first ; and although the king prevailed in the conclusion at that time , yet from the times of henry the third , the clergie for future times granted their aids to the king by themselves , and apart from the rest of the body of the kingdom , and held themselves not bound by any aid granted by the parliament ; albeit that their own aids granted in their synods were not obligatory unto the body of the clergie in this kingdom , unless first allowed and confirmed by the parliament . and thus is england become like a two-bodied monster supported with one pair of legs . chap. lxvii . of the condition of the free-men of england , of the grand charter , and other statutes , during the reigns of these kings . shattered asunder by broyls of civil wars , the freemen having laid aside that regard of the ancient mutual covenant , and bond of decenners , are now become weak , and almost enthralled to the lust of kings , lords , pope , and english clergie : and therefore it is no wonder if taxes and tributes were many and new , although most of them deserved not to march under any banner but the colours of oppression ; nor did any thing save them from the worst tenure of all , but the several interests of those superiour powers which oftentimes did justle with one another , and thereby gave the commons liberty to take breath ; so as though for the present they lost ground , and hunted upon a cool scent , yet they still retained the prey within their view . sometimes they were cast far behind , other times they recovered themselves : a truce is cried , and laws are made to moderate all , and determine the bounds of every one ; and thus comes the grand charter upon the publick theatre . the historian saith , it was the same with that of king john's framing ; and yet by comparing them together , we find them disagreeing both in words and sence ; and therefore shall sum the same up as shortly as i can , observing the difference of the two charters as i pass along . the first chapter concerned the church , of which sufficient hath been spoken . the freemen shall enjoy these liberties to them and their heirs for ever . the heir in knight-service shall pay the ancient relief . that reliefs were setled by the saxons , hath been already shewed , and also that they were continued and confirmed by henry the first : onely in those times they were paid in horses , arms , &c. but in after-times all was turned into money , which was more beneficial for all . lords shall have their wards bodies and lands after homage received until the full age , though the ward be formerly knighted . the law of wardship may seem more anciently seated in this kingdom than the normans times ; for if the statutes of scotland bear any credit , that law was in scotland before those times . the lords were not to have the wardship before they were possessed of the tenure , because it was theirs as a fruit of the tenure , according to the saxon law concerning distress , that it could not be in the power of the lord to distrain till he was possessed of the service . and if by fraudulent conveyance the heir did hold the lord out of possession , a writ of ward did lie against him ; and if he did not appear , the lord might seize the lands , unless in case of wardship , per cause de guard . and in case the lord would hold the wardship longer than the full age of the heir , an assize did lie against the lord ; for the heir could not enter without livery . but if the heir were of full age at the time of the ancestor's death , the lord could not enter the lands ; and yet he should have a relief , and the primer seisin . and if the heir entred the lands before homage done , he gained no free hold , though he were knighted before , as this law provideth . for it may seem that these times of civil war , brought forth a trick of knighting betimes , as an honourable encouragement for young sparks to enter the field before they were compleat men of discretion to know whether the cause of war was good or evil . and yet reason might induce a conceit , that he that was thought meet to do knight-service in his own person , might expect the maintenance fit for the ability of the person , and honour of the service . grantees or their assigns , or committees of wardships , shall preserve the land , &c. from waste , and the tenants from extortion . they shall yield up the same stocked , if they receive them stocked . the first of these is the law of common reason ; for it is contrary to guardianship , to destroy that which by their office they ought to preserve . as touching the words of the law , the grantees are omitted in the charter of king john ; and also their assignees , albeit that doubtless they were within the intent and meaning of the law. the matter declares plainly not onely the oppression of lords upon their wards , but also the corruption even of the law itself , that at the first aimed at the good of the publick , and honour of knight-service , but now was degenerated into the base desire of profit , by making market of the wards estates and marriages , that brought in strip and waste of estates , and niggardly neglect of the education and training up of the persons of the wards , and an imbasing of the generation of mankind , and spoil of times . nor did these times ever espy , or provide against the worst of these , but onely endeavoured to save the estate by punishing the wasters in damages by this law , and by forfeiture of the wardship by a law made in the time of edward the first ; and this as well for waste done during the time of the custody , as in the life-time of his ancestors , by another law in edward the first 's time . and because the escheators and their under-officers used to serve themselves out of the estates of minors , before they certified to the king his right ; and those were not within the law of magna charta , or at least not so reputed : it was therefore afterwards provided ; that these also should render damages in a writ of waste to be brought against them . the marriage of wards shall be without disparagement . it was an ancient law among the germans , and the saxons brought it hither , and as a law setled it , that marriage must be amongst equals ; but this the danes and normans slighted , and yet it continued , and was revived . now as the lord had the tuition of the ward instead of the ancestor , so had he the care of the marriage in such manner as the ancestor might have had if he had lived . for in case the ward were stoln and married , the delinquent suffered fine and imprisonment . or if the ward married without the lord's consent , he shall have the double value , and hold the land over till satisfaction . but in case the lord marrieth the ward within fourteen years of age to its disparagement , he shall lose his wardship thereby . and if the ward refuseth to accept of a marriage tendred by the lord before her age of sixteen years , the lord shall hold the lands till he have received the full value ; and in case where one tenant holdeth of divers lords , the lords by priority shall have the marriage . these laws were in use during the reigns of those kings , although it cannot be certainly concluded hereby , that the wives portion properly belonged to the lord , as for his own benefit ; partly because the female-wards should have no advancement , if it belonged to the lords ; and partly because this forfeiture was given to the lords in nature of a penalty , as appeareth by the frame of the statute of merton . widows shall have their dower , inheritance , their inheritance which they have joyntly with their husbands , their marriage freely , and their quarentine . with due regard of the opinion of others , i shall propound my own . it seemeth to me that the king is within this law , as well as within the former laws of the normans , and those of henry the second , that are of this kind ; and as he is within the compass of every law of this charter ; and that it is called the grand charter , as most immediately coming from the king to the people , and not from the lords . nor is there any ground that the law should intend to give liberty to widows of wards belonging to inferiour lords to marry whom they will , and that onely the kings widows shall be bound . nor did this suit with the contest between the barons and the king , that their widows should be bound unto the king , and the widows of their tenants discharged from their tuition ; and therefore i conceive , by the word maritagium is not meant liberty of marriage , but her marriage-portion , or rationabilis pars , according to the foregoing laws of henry the first , and henry the second , and the saxon customs . but as touching the liberty of marriage , it is defined and expressed , that the widows shall not be compelled to marry ; nevertheless if they shall marry , they must marry with the lord's liking ; otherwise he might have an enemy to be his tenant , that might instead of homage and service , prove traitor , and be his ruine . lastly , touching the widows dwelling , the law thought it unreasonable that she should immediately after the death of her husband be exposed to be harbourless , and therefore ordained that she might continue in her husband's house forty days , if it were not a castle ; and then she was to have another dwelling assigned to her , because by common intendment she is not supposed to be a person meet to defend a castle : and this was called her quarentine ; which i meet not with amongst the saxon laws , and therefore suppose it to be of norman original . no man's land shall be seized for debt to the king so long as the personal estate will satisfie . nor shall his pledge be troubled , so long as the principal is sufficient ; unless he refuse to satisfie , and then the pledge shall recover in value . the first part hereof , was the issue of the law concerning elegit , formerly observed in the saxon times ; for the regard of law principally extended unto the person , next unto the free-hold , and lastly unto the goods . the latter part of this law was the law of pledges or decenners in the same times ; unto which the reader may resort for further light herein . the city of london , and other cities , burroughs , and towns , and the cinque-ports , and other ports , shall enjoy their ancient liberties . the whole kingdom , and the members thereof herein expressed , had all their liberties saved from the dint of conquest by the law of william the first ; upon which , although some of the succeeding kings did invade , yet none of them made any absolute disseisin , although disturbance in some particulars . but king john did not only confirm them by his grand charters , but by particular charters to each corporation , with some enlargements ; and in his grand charter inserted one clause which in the grand charter of henry the third appeareth not , which thus ensueth : et ad habendum commune concilium regni de auxiliis assidendis , aliter quam in tribus casibus praedictis ; which if the barbarism of the latine mislead me not , is thus in english : and to have right of common-council , or to be of the common-council of the kingdom , for the assessing of aids , other than in three cases aforesaid , viz. for redemption of their captive king , for knighting of the kings son , and for his daughters marriage : because these three might be due by the common-law ; the two latter by custom , the former by common right ; although mentioned from the late disaster of king richard , which king john might with shame enough remember , and expect the same measure from the censure of an unquiet conscience . i shall not enter into debate concerning the omission hereof in the later charters ; possibly it might seem a tautology . nor concerning the restriction , as if it did imply that the burgesses had vote only in cases of general assesments , but shall leave it to the consideration of the reader . no distress shall be taken for greater service or other matter than is due . distresses are in nature , no other than a summons in act , or the bringing of a man to answer by seizure of part of his goods ; and it was used by the saxons , as hath been shewed : and because the rich men under colour of seeking their right , many times sought for wrong , and though they could not prevail in the issue , yet prevailed so far , that the defendant could not escape without charge and hinderance ; therefore the law provided a writ of remedy against unjust vexation , which glanvil remembreth us of : and yet because that remedy also carried with it matter of charge and disturbance to the plaintiff , and so the remedy might be worse than the disease ; therefore the law defined distresses by circumstances of person , matter , time , and place , under penalties of fine and amercement , besides the recompence to the party ; first , it must not be taken , but by leave from the kings court , unless in case of matters due by common right , and upon complaint made by the plaintiff . the king sent out a summons in this manner : henricus rex ang. hominibus abbatis de ramsey , salutem . precipio quod cito & juste reddatis abbati domino vestro quicquid ei debetis in censu , & firma , & debitis , & placitis ; quod si nolueritis , ipse vos inde constringat per pecuniam vestram . and in all cases of matters due by common right , the distress never was done in an arbitrary way , but by judicial act in the lord's court. secondly , no distress for suit shall be made out of the fee , nor against any person , but such as are of that fee. nor shall any distress be made in the king's high-way or open street , but by the king's officer , and special writ ; because distress is incident to service , and that is due as from the fee : and therefore by common right the same must be recovered from the fee , and such as owe service in the same ; but the high-way or open street are more properly a franchise belonging to the king , although the soil haply may be the lords . and therefore it was an old law , that they should be under the king's safeguard , sit pax publica per communes vias ; and no violence must be there tolerated but by the king 's special writ , which presupposeth the especial notice taken by the king of the nature of the occasion . a moderation also must be observed in the taking of the distress , for it must not be excessive ; and also in keeping thereof : for if the owner will , he may replevy the same , according to the ancient course ; and the sheriff must grant replevy if it be demanded , although formerly no replevy was without special writ ; and yet that also not always readily obeyed : for the times were such , as the lords were bold with the king's courts and ministers , and refused the order of the law. now in such cases wherein the matter concerned contempt of the king's authority , a fine was set upon the offender ; but in case it concerned onely a tort done to the party , he was amerced : the one is called redemption , because the penalty otherwise must lie upon the person , if it be not redeemed by pecuniary fine ; the other is called amercement , which is originally a satisfaction unto the party wronged , by recompence out of the personal estate of the delinquent . thirdly , as touching the matter of the distress , it must not be of plough beasts or sheep , unless in case of damage fesant , if other distress may be had ; for the law had a care of such cattel as were most of publick concernment , and which was the main stock of subsistence , so far as justice would allow . and therefore the unjust taking of any man's cattel by any person whatsoever , is liable to the same penalties that unjust distresses are . fourthly , concerning the using of the distress , it must not be sold , no not in the king's case , till fifteen days be past , after it is taken ; nor must it be carried out of the county , but it must be so impounded as the owner may come to feed it ; and it must be discharged if the owner give security of satisfaction before the return of the writ . fifthly , the intent of the distresses must be that which is just , and therefore not for other suit than by the feoffment is due , or else by prescription ; and in case many are joyntly seized , the suit shall be by one , and the rest shall contribute . nor must any man be compelled to shew his title to his land by distress . the common-pleas shall be holden in one certain place . the office of judge of the common-pleas , was , in my opinion , distinct and several from that of the crown-pleas ; nor though one and the same man might execute both authorities , doth it therefore follow that it was by one and the same power ; as if being judge , he had thereby power in all matters of the common-pleas , and also of the crown . for though it be true that bracton saith , the king hath one proper court wherein are the chief judges , which both by his own testimony , and briton's also , did hear and determine causes of all sorts ; yet is it true also , that it was by appeal , or writ of errour , as in case of false judgment ; and that the king had plures curias , which doubtless had their proper work . and in the time of henry the second , it is clear that six were especially assigned for the common-pleas throughout the whole realm ; and yet by another especial commission , or letters-patents , the same men might also have power to determine matters of the crown , as at this day , in their several circuits . this law therefore doth not , as i conceive , work any alteration , but onely in this , that whereas formerly the judges of common-pleas attended on the king's court continually , as all other judges did ; and whither the king removed , they did the like , which was a great uncertainty and grievance unto the commons ; henceforth they are fixed to a certain place . assize of novel disseisin and mortdancester shall be determined in the proper county onely , and by the justices itinerant sent by the king or his chief justices . the law was so declared in henry the second 's time , and was questionless put in practice , so far forth as with convenience to the judges might be ; but now the convenience of the people is preferred , and they must not be brought up to the king's court , but the justices must come down to them . and yet in case of difficulty , the bench , where the common-pleas are holden , must determine the matter ; and where the time in the iter in one county is too scant , the remanets shall be adjourned over to be tryed elsewhere in that circuit : which sheweth that the judges itinerant had their time proportioned out to every county . these tryals also were so favoured , as in the then holy times of advent , and septuagessima or lent , they might be tried ; which although it was gained by prayer made by the king to the bishops , as the words of that law are concluded , yet it shews that the parliament had so much light as to hold the time not inherently holy , but meerly sequestred by the will of the clergie . the plaintiffs also in mortdancester may be divers , if there be divers heirs of one ancestor by one title . and if there be joynt-tenants , and the writ be against but one , and the same pleaded , the writ shall abate ; but if joynt-tenancy be pleaded , and the plea be false , the defendant shall be fined and imprisoned . and if in the action the verdict be for the plaintiff , he shall recover damages . darrein presentment shall be taken onely in the common bank. tryals in the common bank , or other courts at westminster , have ever had an honourable esteem above those in the county by nisi prius , although all be equally available . this might be one cause why the titles of churches were still retained at the common bank , whenas all other rode circuit ; for that churches affairs in those times were of high regard . speed of tryal also was not little regarded herein ; for justices by nisi prius properly were but for enquiry , till the statute at westm , the second made them of oyer and terminer in the cases of quare impedit , and darrein presentment , and gave them power to give judgment . and thus the commons gained still in point of conveniency . free-men shall be amerced according to the degree of the fault , saving to them their free-hold , and to merchants their main stock , and to villains their waynage ; and clergie-men shall be amerced according to their lay-fee . barons shall be amerced by their peers , others by the vicinage . in this , regard is to be had first of the persons that are to be amerced , then of the parties by whom , and lastly , of the nature and quantity of amercements . the persons amerced are ranked into four classes ; barons , clergie , free-men , and villains . but in regard of the parties by whom they are to be amerced , they are but two ; barons , and free-men ; for the clergie , villains , and free-men , are to be amerced by the free-men of the neighbourhood . in what courts these amercements shall be , the stat. marlbr . tells us , not before the escheator , nor other that make enquiry by commission or writ , nor before the justices of assize , or oyer and terminer , but onely before the chief justices , or justices itinerant . the statute of westminster adds a fifth classis of cities and towns , by express words ; which seems not so necessary , unless in pillaging and oppressing times : for they were taken to be within the statute of magna charta , though not therein named . the rule of the quantity of amercements is now set down in general , and left to the discretion of the peers or vicinage , which formerly by the saxons were specially set down in the law. the rule in general is with a ne plus ultra , viz. not further or more than that the party amerced may spare , and yet hold on in the maintenance of his course , according to his degree . and it must be also according to the quantity of the offence ; for the greatest amercements must not be ranked with the least offences : so as in every degree the main sustenance of the party is saved ; yea , the villains ( however mean they be ) they must have their maintenance . and this sheweth that villains had a maintenance , which was under the protection of the law , and not under the gripe of their lords to all intents , unless they were the kings villains , who it seemeth were meerly under the kings mercy , as being both their lord and king , against whom they could hold nothing as properly their own . and therefore in all other cases , even then the villains were born under a kind of liberty , as in the saxons time formerly hath been declared ; which the law protected against their own lords . no man shall be compelled to make , repair , or maintain any bridges , banks , or causies , other or otherwise , than they were wont to be made , repaired , or maintained in the time of henry the second . the limitation to the times of henry the second , sheweth that his justice was such as maintained the common rights of men ; but in the times of richard the first , and more especially of king john , those rivers , waters , and fishings formerly used in common , were encroached upon , enclosed , and appropriated to particular mens uses ; which occasioned many bridges , banks , and causies to be made and repaired , to the great charge of private men : all which are discharged by this law. no sheriff , constable , coroner , or other bayliff , shall hold any pleas of the crown . escheators are also expressed in the old books of magna charta , and the abridgements , however it seemeth that it is within the intent of the law , which was made to avoid the extraordinary oppression that these officers exercised upon the people . for escheators , under colour of inquiry of estates of men , would enquire of matters concerning the lives of men ; and sheriffs that had power of tryals in cases of theft , as hath been already shewn , abused the same for their own benefit , because in such cases they had the forfeitures . this law therefore takes away such occasions , viz. from the sheriffs and coroners , and bayliffs or justices ( other than by express commission thereto assigned ) all power to hold pleas of the crown by tryal , leaving unto them nevertheless , power of enquiry , of which anciently they had the right . if the kings tenant dieth supposed in arrear , an inventory shall be made of his stock by honest men , but it shall not be removed till accounts be cleared ; and the overplus shall go to the executors , saving to the wife and children their reasonable part . the first clause hereof was a law in henry the first 's time , and a customary law in henry the second 's time , being a remedy against an old norman riot of the lord's seizure of the whole personal estate of the party deceased , under colour of a law. the second part concerning the overplus , hath this additional subjoyned in the charter of king john : if any free man die intestate , his chattels shall be divided by his parents and his friends in the presence of the church , saving to every one their proper debts . and thus since the conquest , the church-men encroached by degrees unto a great power in matters testamentary ; i say by degrees : for as yet by this law it appeareth , that they were but overseers or eye-witnesses ; for as yet right of ordering or disposing they had none , as may appear in that case of a bastard dying without issue and intestate , the lord shall have his personal estate : and in all cases the executor had then nothing but bare assets , and the overplus was assigned between the wife and children , according to their reasonable part . or if the party died intestate , the next friends did administer , paying the debts , and making dividend of the overplus into the reasonable parts ; according to the ancient saxon custom still continued . nor doth the testimony cited out of bracton , prove any other than that the ancestor hath free power to order his estate as he pleaseth , and that the children shall have no more than is left unto them by their ancestor , either in his will , or in case of dying intestate , by the custom or law , which is , and ever , was the rationabilis pars . no purveyance for any castle out of the same town where the castle is , but present satisfaction must be made : and if in the same town , satisfaction must be made within forty days . purveyance was ancient provision for the necessities of the publick , and so far was commendable , seeing it is not the common case of all men to regard the publick above their own private interest ; therefore the publick must provide for it self , by their means in whom the publick is most concerned . and this was in those elder times , but in two cases ; viz. of kings and castles ; in the one of which the government is principally concerned , in the other the publick defence . for it may be well conjectured , that castles were either first made in places commodious for habitation , and great towns gathered to them for their better safety ; or that the towns were first gathered in places of commodious habitation , and then castles were made for their better defence . or if they were imposed upon them by the victor to keep them in awe , they were nevertheless by continuance together become tractable , and conspired for the mutual defence of each other . but as touching such cittadels or castles that were set in solitary places , they may seem rather first intended for the particular defence of some particular man and his family , and neighbouring tenants ; and therefore in the purveyance for castles , it seems the proper town wherein it is , principally liable to that duty , because their safety is more principally interested : and therefore prizes there taken , may be paid at a day to come ; but in all other places immediately . nevertheless this lasted not long ; for the souldiers found out a trick of favouring their own quarters , and preserving them in heart against a back winter , knowing that at such times it is better to seek for provision nigh , than to be compelled to seek far off . but this stratagem was cut off by the next king , who inhibited all manner of purveyance in any other town , than in the same town wherein the castle is seated . this was a charge that was but temporary and occasional : that which was more lasting and burthensome upon the subjects , was purveyance for the king ; which nevertheless cannot be avoided , by reason of the greatness of his retinue , especially in those days ; and if they should have their resort to the market , the same could not be free to the people , for that the first service must be for the kings houshold , and so what scraps will be left for the commons , no man can tell . it was therefore necessary for the kings family , to be maintained by purveyance ; and to avoid the many inconveniencies which might and did arise in those spoiling times , it was ordained , . that it should be felony for any purveyor to purvey without warrant . . that none but the kings purveyor must purvey for the kings house , and that he must purvey onely for the kings house ; and to purvey no more than is necessary ; and to pay for the things they take . and because kings were oftentimes necessitated for removal from place to place , purveyance of carriage was also allowed : and in case the subjects were grieved , either by more purveyance than was necessary , or by non-payment for the commodities so taken , or with composition for the kings debts ; for such purveyance the offenders were liable to fine and imprisonment . or if they were grieved by purveyors without warrant , the offender was to be proceeded against as in case of felony . he that serveth in castle-guard , is not liable to payment of rent for that service ; nor is be compellable to either , so long as be is in the service in the army . by the ancient custom none but a knight might be charged with the guard of a castle belonging to the king , for the letter of this law mentioneth onely such ; and therefore to hold by castle-guard , is a tenure in knight-service . and it seemeth that rent for castle-guard originally was consistent with knight-service , and that it was not annual , but promiscuously knights might either perform the service , or pay rent in lieu thereof ; and upon occasion did neither , if the king sent them into the field . and lastly , that a knight might either do the service in his own person , or by his esquire , or another appointed by him thereto . no knights , nor lords , nor church-mens carriages , nor no mans wood shall be taken against the owners consent ; nor shall any mans carriages be taken , if he will pay the hire limited by the law. church-men were exempted from charge to the kings carriages , meerly in favour to the canon , which exempted the goods of the clergy from such lay-service ; nevertheless the complaints of the clergie formerly mentioned , shew that this was not duly observed . knights and lords were discharged not onely for the maintenance of their port , but more principally because they were publick servants for the defence of the kingdom in time of war : and the kingdom was then equally served by themselves and their equipage , and their carriages , as a necessary assistant thereunto . the king shall have no more profit of felons lands than the year and a day , and the lord is to have the remainder . anciently the lords had all the estate of felons , being their tenants , and the king had onely a prerogative to waste them , as a penalty , or part thereof ; but afterwards the lords by agreement yielded unto the king the year and a days profit , to save the lands from spoil : and in continuance of time the king had both the year and day , and waste . fugitives also were in the same case , viz. such as deserted their country either in time of need , or such as fled from the tryal of law in criminal cases : for in both cases the saxons accounted them as common felons . nevertheless the two customs of gloucester and kent are saved out of this law by the statute ; the first whereof saves the land to the heir from the lord , and the second saves the same to the heirs males , or for want of such , to the heirs females ; and to the wife her moity until she be espoused to another man , unless she shall forfeit the same by fornication during her widow-hood . and by the same law also the king had all escheats of the tenants of archbishops , and bishops , during the vacancy , as a perquisite . but escheats of land and tenement in cities or burroughs , the king had them in jure coronae , of whomsoever they were holden . all wears shall be destroyed , but such as are by the sea-coast . the lieutenant of the tower of london , as it seemed , claimed a lordship in the thames , and by vertue thereof had all the wears to his own use , as appeareth by a charter made to the city of london , recited in the second institutes upon this law ; and this was to the detriment of the free-men , especially of the city of london , in regard that all free-men were to have right of free passage through rivers , as well as through highways ; and purprestures in either were equally noxious to the common liberty . and therefore that which is set down under the example or instance of the rivers of thames and medway , contained all the rivers in england ; albeit that other parts of the kingdom had not the like present regard as the city of london had . the writ of precipe in capite shall not be granted of any freehold , whereby a man may be in danger of losing his court thereby . it seemeth that it was one of the oppressions in those times , that if a suit were commenced in the inferiour or lords court , concerning a freehold , a writ of precipe in capite might be had , upon a surmise that the freehold was holden in capite ; which might prove an absolute destruction to the inferiour court , and was the spoil of the demandants case : and therefore i think the charter of king john , instead of the word court , hath the word cause . there shall be but one known weight and measure , and one breadth of cloaths , throughout the realm of england . this law of weights and measures was anciently established amongst the saxons , as formerly hath been shewed , and continued in the normans times , and confirmed by richard the first and king john. and as touching the measure of the breadth of cloaths , although it might seem to abridge the liberty of particular persons , yet because it was prejudicial to the common trade of the kingdom , it was setled in this manner to avoid deceit , and to establish a known price of cloaths . and it seemeth that wine was ordinarily made in england as well as ale ; otherwise the measures of wine could not have been established by a law in england , if they had been altogether made in other countries . inquisition of life and member shall be readily granted without fees. this was a law of latter original , made to take away a norman oppression ; for by the saxon law , as hath been already noted , no man was imprisoned for crime ( not bailable ) beyond the next county-court or sheriff's torn : but when those rural courts began to lose their power , and the kings courts to devour tryals of that nature , especially by the means of the justices itinerant , which were but rare , and for divers years many times intermitted ; during all which time , supposed offenders must lie in prison ; which was quite contrary to the liberty of the free men amongst the saxons : this occasioned a new device to save the common liberty by special writs sued out by the party imprisoned or under bail , supposing himself circumvented by hatred and malice ; and by the same directed to the sheriff and others , an inquisition was taken , and tryal made of the offence , whether he deserved loss of life or member ; and if it were found for the supposed offender , he was bailed till the next coming of the justices : and for this the writ was called the writ of inquisition of life or member ; and sometimes the writ de odio & atia . but these inquests were soon become degenerate , and subject to much corruption , and therefore as soon met with a countercheck from the law : or first rather a regulation ; for it was ordained , that the inquest should be chosen upon oath ; and that two of the inquest at least should be knights , and those not interessed in the cause . but yet this could not rectifie the matter ; for it seemed so impossible to do justice and shew mercy this way , that the writ is at length taken away , and men left to their lot till the coming of justices itinerant . but this could not be endured above seven years ; for though the king be a brave souldier , and prosperous , yet the people overcome him , and recover their writs de odio & atia again . lords shall have the wardships of their tenants heirs , although they hold also of the king in petit serjeanty , socage , burgage , or fee-farm . inferiour lords had the same right of wardships with the king for their tenures in knight-service , although their tenants did hold also of the king ; unless they held of him in knight-service , which was a service done by the tenant's own person , or by the person of his esquire , or other deputy in his stead . but as touching such service as was wont to be done to him by render , or serving him with arms , or other utensils ; this was no knight-service , though such utensils concerned war , but was called petit serjeanty , as in the law-books doth appear . nevertheless henry the third had usurped wardships in such cases also , and the same amongst others occasioned the barons wars . no judge shall compel a free-man to confess matter against himself upon oath , without complaint first made against him . nor shall receive any complaint without present proof . this law in the original is set down in another kind of phrase in the first part thereof , which is obscure by reason thereof : in express words it is thus ; no judge shall compel any man ad legem manifestam ; which implieth , that the matter was otherwise obscure , if the party that was complained of , or suspected , did not manifest the same by his own declaring of the truth , or matter enquired after ; and therefore they used in such cases to put him to oath , and if he denied the matter , or acquitted himself , the judge would sometimes discharge him , or otherwise put him to his compurgators ; and this was called lex manifesta , or lex apparens . and it was a trick first brought in by the clergie , and the temporal judges imitated them therein ; and this became a snare and sore burthen to the subjects . to avoid which , they complain of this new kind of trial ; and for remedy of this usurpation , this law reviveth and establisheth the onely and old way of trial ; for glanvil saith , ob infamiam non solet juxta legem terrae aliquis per legem apparentem se purgare , nisi prius convictus fuerit vel confessus in curia : and therefore no man ought to be urged upon such difficulties , unless by the express law of the land. the old way of trial was , first to bring in a complaint , and witnesses ready to maintain the same ; and therefore both appeals and actions then used to conclude their pleas with the names of witnesses subjoyned , which at this day is implied in those general words , in their conclusions , et inde producit sectam suam ; that is , he brings his sect or suit , or such as do follow or affirm his complaint ; as another part also is implied in those words , et hoc paratus est verificare . for if the plaintiffs sect or suit of witnesses did not fully prove the matter in fact , the defendant's averment was made good by his own oath , and the oaths of twelve men , and so the trial was concluded . no free-man shall be imprisoned or disseised of his freehold or liberties , outlawed , or banished , or invaded , but by the law of the land , and judgement of his peers . nor shall justice be sold , delayed , or denied . this is a comprehensive law , and made up of many saxon laws ; or rather an enforcement of all laws , and a remedy against oppression , past , present , and to come . and concerneth first the person , then his livelihood ; as touching the person , his life , and his liberty ; his life shall be under the protection of the law , and his liberty likewise , so as he shall be shut into no place by imprisonment , nor out of any place by banishment ; but shall have liberty of ingress and egress . his estate both real and personal , shall also be under the protection of the law ; and the law also shall be free , neither denied nor delayed . i think it needless to shew how this was no new law , but a confirmation of the old , and reparation added thereto , being much impaired by stormy times ; for the sum of all the foregoing discourse tendeth thereto . merchants shall have free and safe passage , and trade without unjust taxes , as by ancient custome they ought . in time of war , such as are of the enemies countries shall be secured till it appear how the english merchants are used in their countries . that this was an ancient law , the words thereof shew , besides what may be observed out of the laws of aetheldred , and other saxon laws . so as it appeareth , that not onely the english free-men and natives had their liberties asserted by the law , but also forreiners , if merchants , had the like liberties for their persons and goods , concerning trade , and maintenance of the same ; and were hereby enabled to enjoy their own under the protection of the law , as the free-men had . and unto this law the charter of king john added this ensuing . it shall be lawful for every freeman to pass freely to and from this kingdom , saving fealty to the king , unless in time of war ; and then also for a short space , as may be for the common good , excepting prisoners , outlaws , and those country-men that are in enmity , and merchants , who shall be dealt with as aforesaid . and it seemeth that this law of free passage out of the kingdom , was not anciently fundamental , but onely grounded upon reason of state , although the freemen have liberty of free passage within the kingdom according to that original law , sit pax publica per communes vias ; and for that cause , as i suppose , it was wholly omitted in the charter of henry the third ; as was also another law concerning the jews , which because it left an influence behind it , ( after the jews were extinct in this nation ) and which continueth even unto this day , i shall insert it in this short sum : after death of the jew's debtor , no usury shall be paid during the minority of the heir , though the debt shall come into the king's hand . and the debt shall be paid , saving to the wife her dower and maintenance for the children , according to the quantity of the debtors land , and saving the lord's service ; and in like manner of debts to others . the whole doctrine of vsury fell under the title of jews ; for it seemeth it was their trade , and their proper trade hitherto . it was first that i met with , forbidden at a legatine council nigh years before the normans times : but by the confessor's law it was made penal to christians , to the forfeiture of estate , and banishment ; and therefore the jews and all their substance were holden to be in nature of the king villains , as touching their estate ; for they could get nothing , but was at his mercy . and kings did suffer them to continue this trade for their own benefit ; yet they did regulate it as touching infants , as by this law of king john , and the statute at merton , doth appear . but henry the third did not put it into his charter , as i think , because it was no liberty of the subjects , but rather a prejudice thereto ; and therefore edward the first wholly took it away by a statute made in his time , and thereby abolished the jews . tenants lands , holden of lands escheated to the king , shall hold by the same services as formerly . in all alienations of lands , sufficient shall be left for the lords distress . submitting to the judgement of the learned , i conceive that as well in the saxon times as until this law , any tenant might alien onely part of his lands , and reserve the services to the alienor , because he could not reserve service ( upon such alienation ) unto the lord paramount , other than was formerly due to him , without the lord's consent ; and for the same reason could they not alien the whole tenancy , to bind the lord without his express license , saving the opinion in the book of assizes , because no tenant could be enforced upon any lord , lest he might be his enemy . nevertheless , it seemeth that de facto tenants did usually alien their whole tenancy ; and although they could not thereby bar the lord's right , yet because the lord could not in such cases have the distress of his own tenant , this law saved so much from alienation as might serve for security of the lord's distress . but tenants were not thus satisfied ; the lords would not part with their tenants , although the tenants necessity was never so urgent upon them to sell their lands ; and therefore at length they prevailed by the statute of quia emptores to have power to sell all , saving to the lords their services formerly due : and thus the lords were necessitated to grant licenses of alienation to such as the tenants could provide to buy their lands . nor was this so prejudicial to the lords in those days , when the publick quiet was setled , as it would have been in former times of war , whenas the lord's right was maintained more by might , and the aid of his tenants ; than by law , which then was of little power . the th chapter i have formerly mentioned in the chapter concerning the clergy . no man shall be appealed by a woman for the death of any but her own husband . the right of appeal is grounded upon the greatest interest . now because the wives interest seemeth wholly to be swallowed up in her husband , therefore she shall have an appeal of the death of him onely ; and such also was the law in glanvil's time . how far this point of interest shall extend to the degrees of consanguinity , the norman law formerly hath shewn . and against whom appeals did lie , the statute at westminister tells us , viz. not onely against the principal , but also against accessories ; yet not against them till the principal be attainted . and because it was ordinary for men of nought to appeal others in a malicious way , it was by another law established , that if the party appealed was acquitted , the appealor should not onely render damages , but be imprisoned for a year . the county-court shall be holden at the wonted time . the torn shall be holden at the accustomed place twice in the year , viz. after easter and michaelmas . the view of frank-pledges shall be holden at michaelmas . the sheriff shall not extort . the sheriff's courts had now lost somewhat of their jurisdiction , though for time and place they are confirmed statu quo , to the end that through uncertainty thereof the suiter might not make defaults , and be amerced . yet they lost much of their respect within the compass of these few years by two laws ; the one of which , made at merton , allowed all suiters to the rural courts to appear by proxie or atturney , which it seemeth had power to vote for the masters , in all cases publick and private ; and did not onely themselves grow into parties and maintenance of quarrels , and so spoiled these courts of their common justice , but rendred the freemen ignorant and careless of the common good of the country , and given over to their own private interest . and though the corruption of justice was soon felt , and against it a law was provided , viz. that the sheriff should not allow of such corrupt attorneys ; yet this was no cure to the freemen , who were still suffered to wax wanton at home , albeit that they were discharged from doing their suit in all other hundreds but that wherein they dwell . the second law that took away much honour from these courts , was that law at marlbridge , that discharged the baronage of england and the clergie from their attendance at such service ; and this also opened the door wider to oppression . for where greatness is , it carrieth therewith honour from the meaner sort , and a kind of awe and stop unto the minds of such men that otherwise would riot without restraint : and though it might also be said , that the pretence of great men in such courts would oversway the meaner , and make strong parties ; yet it must also be acknowledged , that these parties being greater are the fewer , and do not so generally corrupt all sorts , as the corruption of the meaner sort do . it is said by the wise man , where the poor oppress the poor , it is like a raging rain that leaves no food . the last branch in this law is an inhibition to the sheriff from extortion ; and surely there was great need , and much more need than ever , now that the lords and clergy are absent . it was thought that the great occasion of the sheriff's oppression was from above ; i mean from the king , that raised the values of the farm of counties granted to the sheriffs ; for in those days sheriffs gave no accounts , as of later times they have done ; and therefore the charter of king john , between the th and th chap. inserteth this clause , omnes comitat. & hundred . wapentag . & trethingi sint ad antiquas firmas , absque ullo incremento , exceptis dominicis maneriis nostris . but this did not work the work , although it took away occasion ; for the humour was fed from within , and turned to a sore upon that place that could never be cured to this day . nor could the wisdom of times find other help to keep the same from growing mortal , but by scanting the dyet , and taking away that power and jurisdiction which formerly it enjoyed . the th chapter hath been already noted in the chapter of the clergie next foregoing . escuage shall be taxed as was wont in the time of henry the second . the charter of king john hath superadded hereunto this ensuing provision : there shall be no escuage set in the kingdom , except for the redeeming of the king's person , making of his eldest son a knight , and on marriage of his eldest daughter ; and for this there shall be onely reasonable aid . and in like manner shall the aids of the city of london be set . and for the assessing of escuage , we will summon the archbishops , bishops , abbots , earls , and greater barons of the kingdom , specially by our several writs ; and will cause to be summoned in general by our sheriffs and bailiffs all other our tenants in capite , to be at a certain day after forty days at the least , and at a certain place ; and we will set down the cause in all our writs . and the matter at the day appointed shall proceed according to the counsel of those that shall be present , although all that were summoned do not come . and we will not allow any man to take aid of his freemen , unless for redemption of his body , and making his eldest son a knight , and on marriage for his eldest daughter ; and this shall be a reasonable aid onely . thus far the charter of king john concerning this point of tax or assessment ; and if the history saith true , the charter of henry the third was one and the same with that of king john , then either this was not lest out in henry the third's charter , in that historians time ; or if it was omitted in the original , it was supposed to be included in the general words of the law , as being accustomed in times past . and then these particulars will be emergent : first , that the aids and escuage in henry the first 's time , were assessed by the same way with that in this charter of king john ; for that all the quarrel between the lords and king john , was concerning the charter of henry the first , which the lords sware to maintain . secondly , that neither aids nor escuage were granted , or legally taken , but by act of parliament , although the rate of them was setled by common custom , according to the quantity of their fee. thirdly , that some parliaments in those times , as concerning such matters , consisted onely of such men as were concerned by way of such charge , by reason of their tenancy : for escuage onely concerned the tenants by knight-service , and therefore those onely were summoned unto such parliaments as onely concerned escuage . nor had the city of london nor the burgesses right to vote in such cases , it is said p. . and thus the forest-laws that were made in the time of richard the first , were made by the consent of archbishops , bishops , abbots , earls , barons , and knights of the whole kingdom : for what the great men gained , they gained for themselves and their tenants . and the truth is , that in those times , although publick damage concerned all , yet it was ordinary for kings to make a shew of summoning parliaments , whenas properly they were but parliamentary meetings of some such lords , clergy , and others , as the king saw most convenient to drive on his own design . and therefore we find that henry the third about the latter part of his reign , when his government grew towards the dregs , he having in the kingdom two hundred and fifty baronies , he summoned unto one of these parliamentary meetings but five and twenty barons , and one hundred and fifty of his clergy . nevertheless , the law of king john was still the same ; and we cannot rightly read the law in such precedents , as are rather the birth of will than reason . fourthly , that no aids were then granted , but such as passed under the title escuage , or according thereunto ; for the words are , no escuage shall be demanded , or granted , or taken , but for redeeming the king's person , knighting of his son , or marriage of his daughter . nor is the way of assessing in these times different , saving that instead of all the knights , two onely are now chosen in every county ; the tenure ( as it seemeth ) first giving the title of that order , and both tenure and order now changed into that title taken up for the time and occasion . fifthly , that it was then the ancient custom , and so used in the time of henry the first , that the advice of those then present , was the advice of the whole , and that their advice passed for a law without contradiction , notwithstanding the king 's negative voice ; for the words are , the matter at that day shall proceed according to the counsel of those that shall be present , although all do not come ; and therefore that clause in the king's oath , quas vulgus eligerit , may well be understood in the future , and not in the preter tense . last of all , though not gathered from the text of this law whereof we treat , yet being co-incident with the matter , it is observable , that though the clergie were now in their ruffle , and felt themselves in their full strength , yet there befel a posture of state that discovered to the world , that the english held not the interest of the clergie to be of such publick concernment , or necessary concurrence in the government of the kingdom , as was pretended . for the clergie finding assessments of the laity so heavy , and that occasions of publick charge were like to multiply daily , they therefore , to save the main stock , procured an inhibition from rome against all such impositions from the laity , and against such payments by the clergie ; and in the strength of this they absolutely refuse to submit to aid edward the first by any such way , although all the parliament had thereunto consented . and thus , having divided themselves from the parliament , they were by them divided from it ; and not onely outed of all priviledge of parliament , but of all the priviledge of subjects , into the state of praemunire : and thus set up for a monument to future times , for them also to act without the consent of those men , as occasion should offer . but henry the third not satisfied with this ancient and ordinary way of assessment upon ordinary occasions , took up that extraordinary course of assessment upon all the freemen of the kingdom , which was formerly taken up onely in that extraordinary occasion of redeeming of the king 's or lord's person out of captivity , and common defence of the land from piracy ; and under the title of dane-gelt , which was now absolutely dead , and hanged up in chains as a monument of oppression . nevertheless , it cannot be denied but that in former times the freemen were as deeply taxed , if not oppressed with payments to their lords at such times as they were charged over to the king in the cases aforesaid , as by the latter words of the law aforesaid of king john doth appear , and whereby it is probable that the inferiour lords were gainers . the conclusion of the charter of henry the third ( the same suiting also with the third observation foregoing ) doth not a little favour the same : for it is expresly set down , that in lieu of the king's confirmation of the charter of liberties aforesaid , not onely the archbishops , bishops , abbots , priors , earls , barons , and knights , but also the freemen , and all the kingdom , gave a fifteenth of all their moveables . and thus have i summed up and compared both the copies of the grand charters of englands liberties , ( saving two particulars inserted into the forest-laws of henry the third ) wherein if any thing had been new and unreasonable , king john might have colour to except against them as extorted by force ; and henry the third might ( as he was advised ) plead nonage , and so they might have been choaked in their birth ; but being all consuetudines , as in the conclusion they are called , and kings ashamed to depend upon such frivolous exceptions , it may be wondred what might move them to adventure so much blood-shed , and themselves into so many troubles , to avoid their own acts ; unless the writing of them were an obligation acknowledged before the world ; and they resolving secretly to be under none , were loth to publish the same to all men . it is a strange vanity in great men to pretend love to justice , and yet not endure to be bound thereto ; whenas we see that god himself loves to be bound by his word , and to have it pleaded , because he delights as much to be acknowledged true in performing , as good in promising . but neither was king john or henry the third of this spirit ; fain they would undo , but could not . it is true , it was at the first but a king's charter of confirmation ; and had kings been patient therewith , it might have grown no bigger : but by opposition it rooted deeper , and grew up unto the stature of a statute , and setled so fast , as it can never be avoided but by surrender from the whole body . having thus summed up the liberties of the subjects and free-men of england under this charter , i shall make some appendix hereunto , by annexing a few additionals in these times established ; and although they come not within the letter of the grand charter , yet are they subservient thereunto . and first concerning the king ; and this either as he is king , or as he is lord. as king , he had these prerogatives above all lords . the king shall have the custody of fools and ideots lands for their maintenance , and shall render the same to their heirs . and concerning mad-men and lunaticks , the king shall provide a bailiff for their maintenance , rendering account to them when they are sober , or to their administrators . it is no less liberty or priviledge of the people , that fools and mad persons are to be ordered by tutors , than children ; and therefore this may be annexed to the rest of the liberties , as well as the other . nevertheless , it seemeth that the laws took them into their regard , in respect of their estates , which might be abused to the prejudice of the publick , rather than out of any respect had to their persons . now because there is a difference between the disability of these persons , the one being perpetual , the other temporary ; therefore is there also by these laws a difference in the disposal of their estates : for the tutor had a right in the disposing of the one , and but a bare authority or power in providing for the other . secondly , the person of the tutor is to be considered : anciently it was the next kindred , grounded , as i conceive , upon the natural affection going along with the blood ; and this so continued in custom until these times : for though the mirrour of justice saith , that henry the first brought in that course of giving the custody of these disabled persons to the king , as hath been formerly observed ; yet bracton , that wrote long after the time of henry the first , speaking of these kind of persons , saith , talibus de necessitate dandus est tutor vel curator ; not so much as mentioning the king in the case . and in another place , speaking of such as are alieni juris , saith , that some are under the custody of their lords , and others under their parents and friends . but let the time of the entrance of this law be never so uncertain , it is now a declared law , that the king in such cases is the common curator or tutor of all such persons , as he is a chief justice , rendring to every one his right . the king shall have the wrecks of the sea. what shall be called a wreck , the statute at west . . declareth , viz. where the ship so perisheth , that nothing therein escapeth alive ; and these are rather in their original committed to the king as a curator , than given him as a proprietor ; although that custom hath since setled a kind of right , which may perhaps be accounted rather a title by estoppel . for the fundamental ground is , that the right owner cannot be manifested , and therefore the king shall hold it ; and if the right owner can be manifested , the king shall hold it till the owner doth appear . the heir in socage-tenure shall have an action of waste , and an account against his guardian for the profits of the lands and marriage . the heir in socage being under age , shall also be under custody of such guardian of the next kinred , who cannot challenge right of inheritance in such lands so holden : as if the lands descended from the father's side , the mother , or next of the kinred of the mothers side shall have the custody ; and so if the lands descend from the mother , the father , or next kinred of the father's side shall have the custody . and this custody bringeth with it an authority or power onely , and no right , as in case of the heir in knight-service ; and therefore cannot be granted over as the wardship in knight-service might , but the guardian in socage remaineth accomptant to the heir , for all profits both of land and marriage . the full age of tenant in socage , is such age wherein he is able to do that service , which is fourteen years ; for at such age he may be able by common repute to aid in tillage of the ground , which is his proper service . but the son of a burgess hath no set time of full age , but at such time as he can tell money , and measure cloath , and such work as concerns that calling . widows deforced of their dower of quarentine , shall by action recover damages till they recover their dower . they shall also have power to devise their crop arising from her dower . it was used that the heir should have the crop with the land ; but this statute altered that former usage , and yet saved the lord's liberty to distrain if any services were due . writs de consimili casu granted in cases that fall under the same law , and need the same remedy ; and such writs shall be made by agreement of the clerks in the chancery , and advice of such as are skilful in the law. it was none of the meanest liberties of the freemen of england , that no writs did issue forth against them , but such as were anciently in use , and agreed upon in parliament . and it was no less a grievance and just cause of complaint , that kings used to send writs of new impression to execute the dictates of their own wills , and not of the laws of the kingdom ; as the complaints of the clergy in the times of henry the third do witness . nevertheless , because many mens cases befel not directly within the letter of any law for remedy , and yet were very burthensome ; for want of remedy it is provided by this law , that such emergent cases that do fall within the inconvenience , shall be comprehended within the remedy of that law. aid to make the son of the lord a knight , and to marry his eldest daughter , shall be assessed after the rate of twenty shillings for a knights fee ; and twenty shillings for twenty pounds in yearly value of socage-tenure . the uncertainties of aids are by this law reduced and setled , as touching the sum ; and thereby delivered the people from much oppression which they suffered formerly . nor was onely the particular sum hereby , but also the age of the son when he was to be made a knight , viz. at the age of fifteen years ; too soon for him to perform knight-service , but not too soon for the lord to get his money . and the daughter likewise was allowed to be fit for marriage at seven years of age , or at least to give her consent thereto , albeit that in truth she was neither fit for the one or other : and therefore it must be the lords gain that made the law ; and it was not amiss to have the aid beforehand , though the marriage succeeded not for many years after ; and if the lord died in the interim , the executors having assets paid it , or otherwise his heir . chap. lxviii . of courts and their proceedings . besides the courts of justices itinerant , which were ancient , as hath been said , other courts have been raised of later birth , albeit even they also have been of ancient constitutions , and divers of them itinerant also , and some of them setled in one place . the work of the justices itinerant was universal , comprehending both the matters of the crown and common-pleas . that of oyer and terminer is onely of crown-pleas originally commenced , and enquired of by themselves , and granted forth upon emergent crimes of important consequence that require speedy regard and reformation . justices of gaol-delivery have a more large work , that is , to deliver the gaols of all criminal offenders formerly indicted , or before themselves . justices of assize and nisi prius are to have cognizance of common-pleas onely , and for the most part are but for enquiry . all which , saving the justices itinerant in ancient use , were instituted about these times ; and therewith ended both the work and common use of the ancient iters ; and yet all these later courts , joyntly considered , have not the like comprehensive power that the iters had , for they had the power of hearing and determining all causes , both of the crown and common-pleas , albeit in a different manner : that is to say , in the first times , promiscuously united into one and the same person ; but soon after the norman times , and more clearly in the time of henry the second , that power was divided into several persons , some sitting upon the common-pleas , others upon the crown-pleas . the judges of these journeying courts were specially assigned by the king , as in the case of the gaol-delivery ; or setled by the law upon the judges of both benches at westminister , as in case of oyer and terminer , and of the assizes or nisi prius , saving that in the last case they were associated with knights in the counties for the taking of assizes . now concerning the courts that were setled : some were setled or annexed to the king 's personal residence , as the chancellor's court ; for in these times it began to have a judiciary power of eminent stature , and growing out of the decays of the great chief justice of england . then also the kings-bench was annexed by the same law unto the kings court or personal residence , as it anciently ever had that honour ; although it seems the endeavours were to make it like the common-pleas in that particular . another and last court that was setled in this manner , was the marshals court , which in the original onely concerned the kings houshold , but afterwards compassed in a distance of the neighbouring places , because the kings attendants were many in those times , whenas the courts of justice continually attended on his person : and this precinct was called the verge ; and all cases of debt and covenant , where both parties were of the houshold , and of trespasses vi & armis , where one of them was of the houshold , were handled in the court of the verge , or the marshals court. and inquests of death within the same , shall be taken by the coroner of the county with the coroner of the houshold . other courts were rural , and affixed also to some certain place , either of the county or town , or other particular place . that of the county suffered in these times great diminution , even almost to destruction , by a law restraining the power thereof onely to trespasses of s. value or under : for though formerly the kings justices incroached upon the county-courts , and contracted suits before themselves , which by the ancient law they ought not ; yet it was ever illegal , and the county-courts held their right till this law was made , which kept under those inferiour courts , and made them of less account than formerly . nevertheless , the kings justicies , or writ to the sheriffs , oftentimes enableth the inferiour court to have cognizance of cases of greater value . lastly , a rule was set to the smaller courts of corporations , fairs , and markets , viz. that no person should be sued in any of them , which was not a debter or pledge there . chap. lxix . of coroners , sheriffs , and crown-pleas . coroners shall be chosen in the county , from the wisest , greatest , and chief men of the country . of these officers formerly hath been spoken , as touching their election , qualification , and work : this law brought in no change of any former law , but onely of a former custom gained by these degenerating times , which brought men into place that were far unfit , who otherwise of poor and mean condition maintained themselves by bribery and extortion , and being found guilty had not sufficient to give recompence . this law therefore revives the first law , and holds these men to their work of taking inquests and appeals , by indenture between themselves and the sheriff ; and these were to be certified at the next coming of the justices . the free-holders in every county , if they will , shall elect their own sheriff , unless the sheriffwick be holden in fee. this was indeed the ancient custom : as the officers of the kingdom were elegible by the common-council of the kingdom , so were all the officers of the county chosen by the county . but within a few years , in the time of edward the second , comes another law , that the sheriffs shall be appointed by the chancellor , treasurer , barons of the exchequer , and the justices . which law was made in favour of the people , as by the file of that statute doth more fully appear : for though at the first blush it may seem a priviledge lost by the freemen , that these great men should have the election of the sheriff ; yet it proved a great advantage to the common quiet of the people in those times of parties , and was so apprehended : otherwise as the case stood in those days of edward the second , it was no time for him to gain upon the peoples liberties . nor had the statute of articuli super cartas , whereof we how treat , been penned with these words , if they will. and questionless in these days we now live in , if the people had but a little taste of this seeming liberty of electing sheriffs in the county-court , as formerly it was used , it would be soon perceived that the election of these chief officers were better disposed in some other hand , if rightly pursued . homicide by misfortune shall not be adjudged murder . that the saxons made difference between homicide by misfortune , and that which was done felleo animo , or with a spirit of gall , formerly hath been shewed : now what it was that altered the case , i cannot say , unless the violence , cruelty , and oppression of the times . formerly all kind of manslaughter was finable , i mean in the norman times , and so might more rationally be ranked into one degree ; but now the punishment began to change from forfeiture of estate and loss of member , to death and forfeiture of estate ; and therefore it was more necessary to make the difference in the penalty ( seeing in the fine formerly a difference was observed ) and this difference to assert by a law , that might limit the invenomed spirits of the judges of those days . robbery punished by death . this crime hitherto was punished by fine and loss of member , at the utmost , but is now made capital , and punished with death . one example whereof , and the first that story maketh mention of , we find of an irish nobleman in the days of henry the third , who suffered death for piracy ; and it was a law that then , though rigorous , yet seasonably was contrived , to retard the beginnings , and hasten the conclusion of a civil war in a nation who value their estates and liberties above their own lives . rape , upon the complaint of the party violated made within forty days , shall have right . if the delinquent be convicted without such complaint made , he shall be fined and imprisoned . before this law , this crime was but finable , unless the fact was committed upon a virgin , for then the member was lost . and this was the saxons law ; but the normans inflicted the loss of the member upon all delinquents in any rape . nor was this made felony by any law or custom that i can finde , till about these days . it is true , that canutus punished it capitis aestimatione , by way of compensation ; which rather gives a rule of damages to the party wronged , than importeth a punishment inflicted for an offence done against the crown , as if it were thereby made capital . but for the more certainty of the penalty , another law provideth , that if the rape be committed without the womans consent subsequent , she may have an appeal of rape . and though a consent be subsequent , yet the delinquent upon indictment found shall suffer death , as in the case of appeal . but if a wife be carried away with the goods of her husband , besides action of the party , the king shall have a fine . if the wife elopeth , she shall lose her dower , if she be not reconciled before her husband's death . all which now-recited provisoes are comprehended together in one chapter , and yet the chapter is partee per fess , french and latine . so far thereof as concerneth death , was written in french , being the most known language to the great men in general , many of whom were french , by reason of the interest that henry the third had with france in his late wars against the barons . it was therefore published by way of caveat , that no person that understood french might plead ignorance of the law that concerned their lives . the residue of that chapter was written in latine , as all the other laws of that parliament were , upon grounds formerly in this discourse noted . one proviso more remaineth , which is also comprehended in the same chapter with the former , viz. any person that shall carry away a nun from her house , shall suffer imprisonment for three years , and render damages to the house . this crime was formerly onely inwombed in the canon-law , and now born and brought forth into the condition of a statute-law , rather to vindicate the right of the freemen , than in any respect had to the clergie , who had been very bold with the liberty of the freemen in this matter . for archbishop peckham , not a year before the making of this law , for this offence had excommunicated sir osborn gifford ; nor could he get absolution but upon his penance . first he was disciplin'd with rods three times ; once in the open church at wilton , then in the market-place at shaftsbury , and lastly in the publick church there : then he must fast divers moneths . lastly , he must be disrobed of all military habiliments , viz. guilt spurs , sword , saddle , golden trappings , and to use no brave garments but russet , with lamb and sheep-skins ; to use no shirit , nor take up his order again , until he had spent three years pilgrimage in the holy land : and unto this penance the knight by oath bound himself . a strange power ! and to repress which , it was time for the people to look about them , and rather to punish delinquents themselves , than to leave it to the will of such men as never had enough . concealment , or neglect of apprehending of felons , punished by fine and imprisonment . in those ancient times , pursuits of felons with hue and cry were made by lords of manors , bailiffs of liberties , sheriffs , and coroners ; whereas now they are made by constables . see more in the chapter of peace . escapes also were punished with fine and imprisonment : and in some places the lord had the fine , in other places the sheriff , and in some cases the king ; yet in no case was any fine assessed or taken till the trial before the justices . persons defamed for felony , not submitting to trial by law , shall be committed to close and hard imprisonment . it hath been accounted an extream construction of this law , and questionless so it is , that this law should warrant that punishment of pressing to death , which hath been of later times more constantly used than former times ever knew of : for though it be granted that some trick of torture was sometimes used , even before the normans times , and so might now and then leave some few examples after the norman times ; yet did the law never patronize such courses , especially if the death of the party suspected ensued thereupon , but accounted it manslaughter . and the end of this law was not to put a man to death , but to urge him to confess : and so briton saith , such as will not submit to trial , shall be put to penance till he shall pray to be admitted thereunto ; and therefore the penance then used was such as did not necessarily infer death ; nor was it a final judgement in the trial , but onely a means thereto : and therefore it might rather consist in denial of conveniencies , than inflicting of pain . now in what cases it was used , may be understood from the manner of the indictments in those days , whereof ( besides appeals by the party ) some were of particular fact done ; others onely of a fame : and it may be conceived that the course in the second was , that if a man would not submit , but would stand mute , he was put to this kind of imprisonment ; for the discovering law was by henry the third taken away . but if the delinquent was positively accused of a felony , and thereupon indicted by a witness of the fact , and then if the delinquent would not submit to his trial by law , in such case the final judgement was to die , onere , fame , &c. because in the one was a fact affirmed against him by a witness , and in the other onely a fame or suspicion , which is not pregnant against the life of a man. but this manner of indictment being now laid aside , and all proceedings being upon a fact affirmed against the party , i conceive this law of no use at all in these days . bail shall not be allowed to outlaws fore-jured , thieves taken in the act , notorious thieves , appealed persons , burners of houses , breakers of prison ; false coyners , counterfeiters of the broad-seal , prisoners upon excommunication , open malefactors , and traitors against the king. the six first are in nature of persons attainted either upon their own confession , or such manifest evidence as in common reason cannot be gainsaid ; all which were before this law under bail ; yea the last of all , although the most heinous of all , was in the same condition . as touching breakers of prison , in these times it was felony , for what cause soever they were committed ; and therefore their imprisonment was without bail : for whoso makes no conscience of breaking the prison , his credit will little avail . yet it must be acknowledged , that the law imprisoned few without bail in those foregoing times , but in case of felony or execution : but afterward the cases of commitment being ordinary , even in matters of mean process , and because mens credits waxing weak by the weakness of their estates , now wasted by the civil wars ; therefore in edward the second's time a law was made to restrain the felony in such cases , onely to the breach of prison by such as were committed for felony . and as touching imprisonment upon excommunication , it is manifest , that within five years before the making of this law , it was complained that such were set at liberty by the king 's writ de homine replegiando , without the bishop's consent . but now the clergie had gotten the day of the law , which did much decline from that guard of imprisonment , but hated perpetual imprisonment . nor was this complaint grounded upon any other law than that of the canon ; for the common law ever held the supreme cognizance of excommunication within its own power , as upon the writ de quare excommunicato may appear . other crimes are yet also by this law allowed bail , such as are persons indicted of larceny , before sheriffs , &c. persons imprisoned upon slight grounds , receivers , and accessories before felony , trespassers , persons appealed by provers , after the death of the approvers . if bail be granted otherwise than the law alloweth , the party that alloweth the same shall be fined , imprisoned , render damages , or forfeit his place , as the case shall require . and thus the iniquity of the times was so great , as it even forced the subjects to forgo that which was in account a great liberty , to stop the course of a growing mischief . publishers of false news , whereby discord or slander may arise between the king and his people , shall be imprisoned till he produce the relator . it is therefore an offence against the crown , to procure or maintain an ill conceit in the king of the people , or an ill conceit in the people of the king ; and it is as well an offence against the crown for the king to conceive ill of his people , as for them of him . but all must be grounded upon falshood ; for truth respects no man's person ; and all men are equally bound by the woe , if they call good evil , or evil good ; although difference must be made in the manner of representation . and upon this ground of maintaining strife , was a law made also against conspiracy to make or maintain indictment , suit , or quarrel ; and it was likewise finable . redisseisors and postdisseisors found upon verdict before the sheriff , coroners , and knights , shall be imprisoned . formerly redisseisin was under no other law than that of desseisin , but by this law made a matter belonging to the crown , and tried before the same judges that had the power of enquiry of all offences against the crown . the penalty of imprisonment in this case , was to be without bail , but onely by the king 's writ de homine replegiando ; and yet even thus the penalty was not sufficient to restrain the offence , and therefore a law was made to abridge the power of that writ , as touching such offender ; and they became irremediable as touching their liberty by that writ ; besides that upon recovery had against them they lost double damages . trespassers in parks and fish-ponds convicted within a year and a day , shall render damages , suffer imprisonment for three years , and give security of good behaviour for time to come . if any beasts be taken in a felonious manner , he shall be proceeded against as a robber . from the times of king steven , the lords and great men endeavoured to advance their power and greatness so high above the meaner sort of free men , as they made kings continually jealous of their power . castles had been a bone of long contention between them , but they being for the most part taken away , the strife was about prisons , and power to imprison offenders ; and that also after much opposition they laid aside . yet the violence of these times being such , as ( though felonies were somewhat dreaded ) trepasses of the highest nature were little regarded , such as were riotous hunting in their parks , and fishing in their waters ; the lords and great men made it their last request , that at least in such cases they might have power to imprison such as they found so trespassing ; but this was also denied them , though by henry the third in his first time , when as yet the government was not worsted by projects of arbitrary power , or corrupt counsels of forreigners , nor himself a man able to sway with the lords in matters that were of doubtful prerogative . and to speak indifferently , it is better for the liberty of the subject , that the power of imprisonment should be regulated onely by the kings writ ordered by law , than by the warrants of great men , especially in their own cases ; and therefore in this matter the kings prerogative was a patron to the free mens liberty . nevertheless , these great men give not thus over their game : for though in times of publick calamities , little place is left for pleasure to any man ; yet when times are grown to more quiet , pleasure revives , and the great men renew their motion : and though they could not obtain prisons to their own use , as they endeavoured at the meeting at merton ; yet now they obtain the kings prisons to the use of a law that was as good as their own , and thereby satisfied their own displeasure for the loss of their pleasure . and yet this law sufficed them not , but they obtain a further priviledge , that such persons as are found so trespassing , and refusing to submit , may be killed without peril of felony . chap. lxx . of the militia during these kings reigns . the souldiery of england may be considered , first , in regard of the persons . secondly , their arms. thirdly , their service . the persons were as formerly , not onely such as were milites , or tenants in knight-service , but also such as served at the plough ; and concerning them both , it is to be considered what the law made by edw. the d. holdeth forth . all such as ought to be knights and are not , shall be distrained to undertake the weapons of knighthood , if they shew not cause to the contrary . regularly all tenants by knight-service ought to be knights , but de facto were not ; so as in these times there was a further work to make a man a knight than his bare tenure ; for such onely were milites facti , who had both lands sufficient to maintain the arms and state of a knight , and also a body fit to undertake the service in his own person , and whereof he had given sufficient proof the field . others that had land , either had not sufficient maintenance , or not habiliments of person , and as not expected were laid aside ; of this sort were many , by reason of the late civil wars , in which they had much impaired both their bodies and estates . this rendred the strength of the kingdom and militia so much decayed , and the minds of men so wearied , that they began to love ease before the times would brook it , and a cessation from arms before they had any mind to peace . the parliament espyed the danger , and how necessary it was for the people to be well armed in these times of general broil ; and upon that ground allowed this law to pass ; that all such as had lands worth l. yearly besides reprizals , should be ready ( not to be knights , nor , under the favour of others , is there any ancient precedent to warrant it , but ) to find , or to enter into the field with the arms of a knight , or to provide some able person to serve in their stead , unless they were under years of age , and so not grown up to full strength of body ; nor their lands in their own possession , but in custody of their lords or guardians . nevertheless , of such as were grown to full age , yet were maimed , impotent , or of mean estate , and tenants by service of a knight , it was had into a way of moderation , and ordered that such should pay a reasonable fine for respit of such service ; nor further as concerning 〈◊〉 persons were they bound . but as touching such that were under present onely , and not perpetual disabilities of body upon them incumbent , as often as occasion called , they served by their deputies or servants : all which was grounded not onely upon the law of henry the second , but also upon common right of tenure . the arms that these men were to finde , are said to be those belonging to a knight ; which were partly for defence , and partly for offence . of the first sort were the shield , the helmet , the hauberk , or breast-plate , or coat of mail ; of the second sort were the sword and lance : and unto all a horse must be provided . these arms , especially the defensive , have been formerly under alteration ; for the breast-plate could not be worn with the coat of mail , and therefore must be used as occasion was provided of either : and for this cause the service of a knight is called by several names ; sometimes from the horse , sometimes from the lance , sometimes from the helmet , and not seldom from the coat of mail. the power of immediate command , or calling forth the knights to their service , in its own nature was but ministerial , and subservient to that power that ordered war to be levied : and therefore , as in the first saxon government under their princes in germany , so after , under their kings , war was never resolved upon , but if it were defensive , it was by the council of lords ; if offensive , by the general vote of the grand council of the kingdom . so by vertue of such order , either from the council of lords , or grand council , the knights were called forth to war , and others , as the case required , summoned to a rendezvouze : and this instrumental power regularly rested in the lords , to whom such service was due ; and the lords were summoned by the lord paramount , as chief of the fee , of which their tenants were holden , and not as king or chief captain in the field : for they were not raised by proclamation , but by summons 〈◊〉 forth to the sheriff , with distress ; and this onely against such as were within his own fee , and held of the crown . the king therefore might have many knights at his command , but the lords more ; and if those lords failed in their due correspondency with the king , all those of the inferiour orb were carried away after them : so the king is left to shift for himself as well as he can . and this might be occasioned not onely from their tenures , by which they stood obliged to the inferiour lords , but probably much more by their popularity , which was more prevalent , by how much kings looked upon the commons at a further distance in those days , than in after-times , when the commons interposed intentively in the publick government . and thus the horse-men of england becoming less constant in adhering to their soveraign in the field , occasioned kings to betake themselves to their foot , and to form the strength of their battels wholly in them , and themselves on foot to engage with them . one point of liberty these souldiers by tenure had , which made their service not altogether servile ; and that was , that their service in the field was neither indefinite , nor infinite , but circumscribed by place , time , and end . the time of their service for the continuance of it was for a set time , if it were at their own charges : and although some had a shorter time , yet the general sort were restained to forty days . for the courage of those times consisted not in wearying and wasting the souldier in the field by delays , and long work in wheeling about and retiring , but in playing their prizes like two combatants of resolution to get victory by valour , or to die . if upon extraordinary occasions the war continued longer , then the tenant served upon the pay of the common purse . the end of the service of the tenant ( viz. their lord's defence in the defence of the kingdom ) stinted their work within certain bounds of place , beyond which they were not to be drawn , unless of their own accord : and these were the borders of the dominion of the crown of england , which in those days extended into scotland on the north , and into a great part of france on the south . and therefore the earl-marshal of england ( being by edward the first commanded by vertue of his tenure to attend in person upon the standart under his lieutenant that then was to be sent into flanders , which was no part of the dominion of england ) refused ; and notwithstanding the king's threats to hang him , yet he persisted , saying , he would neither go nor hang. not onely because the tenants by knight-service are bound to the defence of their lord's persons , and not of their lieutenants ; but principally because they are to serve for the safety and defence of the kingdom : and therefore ought not to be drawn into foreign countries . nor did the earl-marshal onely this , but many others also , both knights and knights fellows , having twenty pounds per annum ; for all these with their arms were summoned to serve under the king's pay in flanders . i say , multitudes of them refused to serve , and afterwards joyned with the rest of the commons in a petition to the king , and complained of that summons as of a common grievance , because that neither they nor their ancestors were bound to serve the king in that country : and they obtained the king's discharge under his broad seal accordingly . the like whereunto may be warranted out of the very words of the statute of mortmain , which was made within the compass of these times ; by which it was provided , that in case lands be aliened contrary to that statute , and the immediate lords do not seize the same , 〈◊〉 king shall seize them , and dispose them for the defence of the kingdom , viz. upon such services reserved as shall suit therewith : as if all the service of a knight must conduce thereto ; and that he is no further bound to any service of his lord , than will consist with the safety of the kingdom . this was the doctrine that the sad experience of the latter government of kings in these times , had taught the knighthood of england to hold for the future ages . no tenant in ancient demesnes , or in burgage , shall be distrained for the service of a knight . clerks and tenants in socage of other mannors than of the king , shall be used as they have been formerly . tenants in ancient demesne , and tenants in burgage , are absolutely acquitted from foreign service ; the one , because they are in nature of the king's husbandmen , and served him and his family with victual ; the other , because by their tenure they were bound to the defence of their burrough , which in account is a limb or member of the kingdom , and so in nature of a castle guard . now as touching clerks and tenants in socage holding of a subject , they are left to the order of ancient use appearing upon record . as concerning the clergy , it is evident by what hath been formerly noted , that though they were importunate to be discharged of the service military , in regard that their profession was for peace , and not for bloud ; yet could they never obtain their desire : for though their persons might challenge exemption from that work , yet their lands were bound to find arms by their deputies ; for otherwise it had been unreasonable , that so great a part of the kingdom as the clergie then had , should sit still and look on , whilst by the law of nature every one is engaged in his own defence . nor yet did the profession of these men to be men for peace , hold always uniform : some kind of wars then were holden sacred , and wherein they not onely adventured their estates , but even their own persons ; and these not onely in a defensive way , but by way of invasion , and many times where no need was for them to appear . tenants in socage also , in regard of their service , might plead exemption from the wars : for if not the plough must stand still , and the land thereby become poor and lean . nevertheless , a general service or defence of the kingdom is imposed upon all ; and husbandmen must be souldiers , when the debate is , who shall have the land. in such cases therefore they are evocati ad arma , to maintain and defend the kingdom , but not compellable to foreign service , as the knights were , whose service consisted much in defence of their lord's person , in reference to the defence of the kingdom ; and many times policy of war drew the lords into arms abroad , to keep the enemy further from their borders , and the knights then under their lords pay went along with them : and therefore the service of knighthood is commonly called servitium forinsecum . of these socagers did arise , not onely the body of english foot-men in their armies , but the better and more wealthy sort of them found arms of a knight , as formerly hath been observed , yet always under the pay of the common purse . and if called out of the kingdom , they were meer voluntiers ; for they were not called out by distress as knights were , because they held not their land by such service ; but they were summoned by proclamation , and probably were mustered by the high constables in each hundred ; the law nevertheless remaining still entire , that all must be done not onely ad fidem domini regis , but also regni ; which was disputed and concluded by the sword. for though kings pretended danger to the publick oftentimes to raise the people ; yet the people would give credit as they pleased . or if the king's title were in question , or the peoples liberty , yet every man took liberty to side with that party that liked him best ; nor did the king's proclamation sway much this or that way . it is true , that precedents of those times cry up the king's power of arraying all ships and men without respect , unless of age , or corporal disability ; but it will appear that no such array was , but in time of no less known danger from abroad to the kingdom , than imminent ; and therefore might be wrought more from the general fear of the enemy , than from the king's command : and yet those times were always armed in neighbouring nations , and kings might have pretended continual cause of arraying . secondly , it will no less clearly appear , that kings used no such course , but in case of general danger to the whole kingdom , either from foreign invasion , as in the times of king john , or from intestine broils , as in the times of henry the third , and the two edwards successively . and if the danger threatned onely one coast , the array was limited onely to the parts adjacent thereunto . thirdly , it seemeth that general arrays were not levied by distress , till the time of edward the first , and then onely for the rendezvouze at the next sea-coast , and for defence against foreign invasion ; in which case all subjects of the kingdom are concerned by general service : otherwise it can come unto no other account than that title prerogative , and therein be charactered as a trick above the ordinary strain . fourthly , those times brought forth no general array of all persons between the ages of sixteen years and sixty , that was made by distress in any case of civil war , but onely by sheriffs summons ; and in case of disobedience , by summons to appear before the king and his council : which sheweth , that by the common law they were not compellable or punishable . lastly , though these arrays of men were sometimes at the charge of the king , and sometimes at the subjects own charge , yet that last was out of the road-way of the subjects liberty , as the subsequent times do fully manifest . and the like may be said of arrays of ships , which however under command of kings for publick service , were nevertheless rigged and paid out of the publick charge . the sum of all will be , that in cases of defence from foreign invasion . kings had power of array according to the order of law ; if they exceeded that rule , it may be more rightly said , they did what they would , than what they ought . chap. lxxi . of the peace . war and peace are two births by several venters , and may like the day and night succeed , but can never inherit each to other ; and for that cause they may claim to belong to one father , and that one and the same power should act in both : and yet it is no good maxime , that he that is the chief commander in war , ought to be the chief in the order of peace . for it naturally befalls that war , especially that which we call civil war , like some diseases in the body , does rather breed ill humours than consume them ; and these must be purged by dieting the state , and constant course of justice , unto which the rugged waves of war have little or no affinity , if they have not enmity . nevertheless , the wisdom of our ancestors thought it most meet to keep their kings in work , as well in time of peace , as of war ; and therefore as they anciently referred the principal care thereof to the lords , who together with certain select persons in every county , did administer justice in several iters or circuits : so when kings had once gotten the name of being chief in civil affairs , as they had it in martial ; they soon left the lords behind them ( who also were willing enough with their own case ) and had the name of doing all , notwithstanding it was done by advice of the lords , and directory of ministers , or commissioners thereto deputed , and thus that peace which formerly passed under the titles of pax domini , pax vicecomitis , which is pax regni , became by eminency swallowed up in that which was called the kings peace ; and the justices called the kings justices , and himself flattered into that title of fountain of justice , which belongeth onely to him that is the most high or chief law-giver . the manner how this honourable care of the safety and peace of the kingdom was employed , may be referred to a double consideration ; the one in execution of justice upon delinquents , the other in preventing occasions of offence or delinquency , by means whereof the publick peace might be endangered . the first was acted diversly according to the present sence of affairs ; for what was at first done by the princes in their circuits , with one hundred of the commons called comites , and that done per pagos , vicosque , was afterwards done by itinerant judges , sent from the king for the greatest matters ; and by lords in their leets , governours or chief magistrates of towns in their courts , and sheriffs in their torns , as judices stati for the ease of the people in matters of less moment . i say , i conceive it was in the torn ; for i suppose no emergent court , taken up upon occasion , could by the law draw a necessity of a sudden appearance of all above twelve years of age at the same . and for the same cause it seemeth , that one certain torn every year was holden for inquiries of homicide , unto which all above twelve years of age were to come , except barons , clergie , and women , or otherwise all such had been bound to attendance on every torn . nevertheless , the work of the torns continued not to hear and determine , as anciently they had done . for in henry the third's time , and formerly , divers men had prisons to their own use ; some as palatines , others as lords of franchise , and others by power and usurpation , and had the benefit of all fines incident : and by this means many were fined that deserved it not , and some also that deserved worse . to prevent which evil , henry the third took away that power of holding crown-pleas : and edward the first took away their power to determine escapes , and left them onely the power of inquiry , and to certifie at the next coming of the justices . but these injurious times had holden too long to be forgotten , or laid aside by such cool pursuit . men were still ordinarily imprisoned , and so continued oftentimes , till the coming of the justices itinerant . for whereas in case of bloudshed , the writ de odio & atia was a remedy ; the other had no remedy but by procuring a commission of oyer and terminer , which ordinarily was a cure worse than the hurt . as a remedy hereof , edward the first found out the new way of making justices of peace , as may appear by the statute at winton ; which law being purposely made for the conserving of the peace , providing for penalty of crimes already committed ( as well as for the suppressing of future ) ordaineth , that offences against that law shall be presented to justices assigned to enquire thereof ; and though these at the first might be itinerant , yet it soon made way to resiant . and before that statute , it seemeth the king had found out the way , if that note be true which is left revived into memory by that honourable reporter , which relating to the sixth year of edward the first , saith , that then prima fuit institutio justiciariorum pro pace conservanda . and yet some semblance there is , that it was yet more ancient , even in the time of henry the first , if i mistake not the sence of that clause in his laws concerning vagabonds ; he ordereth that they shall be carried justiciae quae praeest , although the language be not so clerkly as to speak the sence out . now though their work as yet was but in tryal , and they were onely trusted with power of inquiry , yet it induced a new way wherein the sheriff was not so much as intrusted to intermeddle ; and which not onely intermitted the course of his proceedings in such matters , but also led the way to the dispoiling of the sheriff's torn , and lord's leet , of that little remainder that was left them of judicatory power in matters that were against the peace , and made their inquisitory power less regardful , and eased the justices itinerant of much of their work , in regard they were speedily to certifie up to the king , and so these matters should be determined in parliament , according as those justices were elected in parliament ; who as it seems were jealous of giving the power of determining those offences into any sudden hand . to sum up then the first part ; as touching the punishment of offences against the peace , the wheel is now in the turning , the leets and torns begin to be slighted , the labour of the justices itinerant lessened , the commissions of oyer and terminer disused , by the bringing in of a new order of justices for the peace especially appointed ; and the parliament , as the supreme providers , left as the reserve for the asserting and maintenance of the same ; albeit that under it the power of determining much rested upon justices or judges that attended the king's court , after that the common-pleas were setled and confined to a certain place . the preserving of the peace for the future , consisted in preventing and suppressing riots , routs , unlawful assemblies , and in apprehending and securing of such as were actors and contrivers of such designes , and other malefactors . and herein we are to consider , . the laws : . the means : . the executive power . concerning the first , there is no question to be made , but that the power of making laws for the maintenance of the peace , rested in the parliament , although endeavour possibly might be used to settle the same in the sole order of the king 's own person ; and therefore we find not onely the assize of arms , but generally the substance of the statute at winton , to be formerly taken up by proclamation by kings , predecessors to edward the second , who first that i can find , put the same into force of a law by parliament , finding by experience that proclamations may declare the king's mind , but not command the peoples wills ; although peradventure the thing enjoyned was of ancient use , and little inferiour to custom or common law. such are the distempers of civil broils , that bring up peace in the rear , as a reserve when their own strength is wasted , rather than out of any natural inclination thereto . a brief recollection of the laws thus ensue : in case of robbery or felony committed , and the delinquent be not forth-coming or discovered , the county or hundred shall answer the damages . of this , more may appear from the norman and saxon laws : the intent appeareth by the law it self , to stir up the people to use all means by pursuit with hue and cry , and making inquisitions of the fact with all speed , in townships , hundreds , franchises , and counties . persons suspected shall not be entertained or harboured by any inhabitant , unless he will undertake for him . of this also formerly , both in the norman and saxon laws . walled towns shall keep their gates shut from sun-set to sun-rising . the like observed in cities , burroughs , and towns , from the feast of ascension to michaelmas . the power of the watch was great : it might apprehend any passenger and stay him all night ; and if he be a suspected person , he is to be committed to the sheriff ; and if an escape be made , the party is to be pursued with hue and cry. these two last chapters were in effect in henry the third's time , in course , by way of the king's command by writ , in the th and th years of his reign , with some more particulars concerning the same . high-ways through every lordship shall be kept clear on each side , by the space of foot , from hedges , ditches , bushes , and vnderwood . high-way herein intended , are such as are from one market-town to another ; and in such were always preserved the publick peace or safety , for the maintenance of commerce , and freedom of traffick : which is , of such publick concernment , that it hath been of very ancient institution . every man between the age of fifteen years and forty , shall maintain arms in his house , according to the ancient assize , for the preserving of the peace . this chapter brings into consideration the second thing propounded , viz. the means of preserving of the peace , which are two ; first , by maintaining arms : . by certifying defaults . in the first is to be considered the persons that are to be assessed : . the arms : . the end . the persons to be assessed to arms , are indefinitely set down , and comprehend all sorts , as wel bond as free , and others ; for such are the expressions in the commission of henry the third . but by the assize of henry the second , none were to be armed but free-men , and they worth sixteen or ten marks in goods at the least ; yet their ages are limited : by this law they must be between fifteen years and forty ; but by the commission in henry the third's time , all between fifteen and sixty years of age were to be armed . king john arrayed all sorts , free , bond , and all others that have arms , or ought to have , or can carry arms : and it seems by what hath been formerly noted , that those that were younger than their tenure would bear them out , were accepted into service , if they would offer themselves ; but by these courses they , though under one and twenty years of age , were not onely accepted , but compelled to war. under this title , we may also touch upon the persons that were the instruments to array these men , or rather to arm them ; and these were justices itinerant , or one or more commissioners , such as the king found most meet of the service . and unto these were commissions with instructions sent ; and sometimes writs were directed onely to the sheriffs , to take with them twelve knights of the county , and to go into every hundred , and call before them all such persons as by the law ought to be assessed at arms , and to cause them to be sworn to find and maintain arms in such manner as by the law they then should be , or formerly were assessed ; and sometimes the establishment of arms were set down in those writs , and sometimes published by proclamation . for kings found all means little enough to prevail to bring in alteration of arms , and of their service ; which was a thing not onely troublesome , but chargeable , and whereunto they could not easily prevail to bring the free-men to consent . and therefore sometimes the endeavours of kings in such cases , did not onely meet dilationem , but also deletionem , as the historian's words are , until the way was found out to declare an establishment by parliament , by this statute made at winton . now for the nature of the establishment , we are to consider , that the people of england were distinguished according to their tenures , into such as held by knight-service , and such as held by socage ; and that none but those being free-holders , could be charged to find arms , according as by the laws of the norman conquerour may appear . the establishment of arms for the knights , were established by their tenures in certainty , and therefore no need was either of assessment or oath to tie them to find such arms ; but all the difficulty was , for such as were not bound by other tenure than as free-born subjects , all of whom do owe to their country defence , and so questionless had liberty to provide themselves of such arms as were by common and constant use held most advantageous against the common enemy , and for the publick defence . and that these were put in certainty , may appear by the law of king william formerly noted , and by some instances in the saxon laws anciently used ; amongst others , that law of aethelstane , that for every plough , every man should find two compleat horses . and another order of aetheldred nigh eighty years aster , differing from it , assessed upon every eight hides of land , a helmet , and a coat of mail : and the historian tells us , that a hide is a plough-land , or so much land as one plough can keep in till the end of one whole year . and the relief of the noble-men of all sorts and ranks , in horses , helmets , coats of mail , lances , shields , and swords ; the meanest of all which degrees being called mediocris thainus , yielding a relief equal to the arms of a knight , in the times whereof we now treat , viz. one horse , one helmet , one coat of mail , one lance , one shield , one sword : all comprehended under arma sua , as if he had a certain proper arms. and the laws concerning the forfeiture of arms , do in effect affirm the thing , viz. that all men were armed ; yet probable it is , that laws were not then so often made for the enforcing this or that particular sort of arms , in regard that till the normans time this island was troubled but seldom with any enemies from foreign parts , that brought any new sorts of weapons into fashion ; the danes and norwegians being no other than an old acquaintance of theirs . neither were the saxons as yet tamed by any enemy , so far as to beg a peace , albeit that the danes had gotten them under . but after the norman times , the english being somewhat over-matched in war , inclined more to husbandry , and began to lay aside their regard of arms ; and this occasioned the kings to make assessments of arms : yet having regard to the ancient course of the saxons , saving that they urged the use of the bow more than formerly was used , and thereby taught the conquered to conquer the conquerours in future ages . of these sorts of assessments before this stature at winton , i find but two ; the first made by henry the second , and the other by henry the third ; which , together with that of this statute , i parallel thus together , in their own words . hen. . hen. . stat. wint.   lands . goods .   knights fee. librat . marks . l. land , marks goods . loricam loricam loricam hauberk cassidem capellum ferri capellum ferri shapel de fer clipeum gladium gladium espee lanceam cultellum cultellum cotel   equum equum chival marks chattels . marks rents . librat . marks . l. lands , marks goods . halbergellum halbergettum halbertum hauberk capelletum ferri capellum ferri capellum ferreum shapel de fer lanceam gladium gladium espee   cultellum cultellum cotel marks chattels . marks rents . s. marks . s. land. wanbais perpunctum perpunctum purpoint capelletum ferri capellum ferreum capellum ferreum shapel de fer lanceam . gladium gladium espee   lanceam cultellum cotel   cultellum       betwixt l. and s. marks . betwixt l. & s.   gladium gladium espee   cultellum arcum & sagit . arke & setes   arcum & sagit . cultellum cotels   under s. under marks to s. under s.   falces falces faulx   gisarmas gisarmas , &c. gisarmes   cultellos , &c.   cotels       under marks goods .       espees       cotels . i have thus impaled these three , that the reader may the better discern how they relate each to other , and so may the better understand the matter in the sum . and i must explain three or four words in them as they are set down , before i can bring up the conclusion ; because the mistake of the sence of the words hath made some mistake the intent of the thing , and forced the same to an unwarrantable issue . lorica signifies that piece of armour that defends the breast , or forepart of the body ; and sometimes is made of plates of iron , of which sort i conceive those of the old germans were , ( whereof the historian maketh mention , paucis loricae , he saith the germans had few arms of defence of their foreparts , and fewer helmets or head-pieces ) for otherwise , if they had iron defences for their heads , they would not have been content with defences made of leather for their fore-parts , as in the first rude times they might have been . sometimes it is made of links of iron , and commonly is called a coat of mail ; but i conceive it cannot be so meant in the assessments of henry the second , and henry the third , because that those of the second degree are said that they ought to keep haubergettum , or halburgellum , or haubertum ; all which are but several dialects of one name , and are taken for a coat of mail : and therefore by the diversity of names in one and the same assessment , i do conclude that the armour was not of one and the same fashion . but it is evident , that by hauberk in the assessment of the statute at wint. is meant a coat of mail , and is never taken for a brest-plate or gorget , as hath been taken upon trust by some that build more weighty conclusions upon that weak principle , than it is able to bear : and for the truth hereof , as the word is a french word , so i appeal to all french authors , and shall not trouble the reader with the notation of the word , or further about the meaning thereof . in the last place , as great mistake is that also of the word shapell de fer , which is taken by some to betoken a breast-plate of iron : for the truth whereof , the reader may consider the latine word capellum , or capelletum , and he shall find that it is an iron cap , or an ordinary head-piece : and in the assize of henry the third , it holds the place of cassis in the assize of henry the second . for the manner of all these , let the reader view the sculptures of the several norman kings , armed for the charge , in the beginning of their several reigns , as they are represented in speed's history . it may also be conceived , that there is as much mistake of that weapon which is called cultellum or cotel , whilst they translate it by the word knife ; for though it be true that it is one signification of that word , yet it appears not onely by this law , that it was a weapon for a knight in war , but in use at tornaments , as by that statute that forbids the use of a pointed sword , or pointed cotel , a battoon , or a mace , at that sport : and therefore it may seem to be some weapon of greater use , either a cotellax , or such-like weapon ; otherwise to enjoyn the finding of a knife to a man as an offensive weapon against armed men in battle , would serve to no use at all . now concerning the difference between the several assizes aforesaid , it consisteth either in the number of the several degrees or ranks of those that are assessed : or secondly , in the manner of their valuation : or lastly , in the particulars of their arms assessed upon them . as touching the degrees in henry the second's time , they were but three , in regard that he onely assessed free-holders : and certainly that was the ancient law , as by the law of the conquerour , and other saxon laws formerly mentioned , may appear . but henry the third taking example of king john , who was the first founder of general arrays , charged all but such as were men of nothing ; albeit , i find not that such as were of the inferiour degree , were sworn to those arms , but rather allowed to have them . and though the statute at winchester holdeth to the same degrees in lands , yet in the value of goods there is some difference , in favour of them that onely have stock and no free-hold . secondly , there is some difference in the manner of valuation of lands with chattels ; and therein the statute at winton favours the personal estates , more than hen. . and he more than hen. . and yet all of them pretend one rule of ancient custom ; i believe they mean , that they had it in their eye , but not in their heart : for they would come as night to it as they could , and yet keep as far from it as they durst . thirdly , as touching the difference of the arms between these three assessments , it seems so small , as in this they are most of them all one . for wherein hen. . leads , both hen. . and edw. . do imitate , saving that they add the horse and sword ; which questionless was to be understood as a granted case , that the compleat arms of a man could not be carried and managed without a horse , nor defended without a sword. as touching other alterations , it might be done upon good advice , as not being deemed méet that such as were no knights but in estate , should be armed in every respect like as the knights were . and thus we have an ancient custom of maintaining arms by every free man , for the defence of the kingdom , first made uncertain by the avarice of kings , and negligence of the free-men , and brought into an arbitrary charge ; at length reduced to a certainty , upon all sorts of inhabitants by a statute-law ( if so it then were ) unto which every man had yielded himself bound by his own consent . but to what end is all this ? i said it was for the defence of the kingdom , and so it was in the original ; and yet also for the safety of the king in order thereunto , and for the safety and maintenance of the peace of every member of the whole body . this in one lump thus will not down with some , who will have this assessment onely to be for keeping of the peace against routs and riots , but not sufficient nor intended to be supply for war , when edward the first calls for it ; because edward the first shall not have his power confined within the compass of a statute , but to be at liberty of array as he should think meet : and it is not to be denied but the words of this law run thus , viz. that the intent thereof is for preserving of the peace ; but those general words will not bear the power of a restrictive sence : for certainly the peace is as well preserved by providing against war , as against riots ; and against forrein war , as intestine mutinies . and that the statute intended the one , as well as the other , will appear , because it was made in relation to former precedents of henry the third ; and they speak plainly that their intent was to strengthen the kingdom against dangers from abroad . the words of the historian are clear , that henry the third charged all that had libratas terrae , and upwards , should undertake the arms of a knight , ut anglia , sicut italia , militia roboraretur . and because he had threats from beyond sea , by the defection of the gascoigns , therefore he caused writs to issue forth throughout the kingdom , that secundum pristinam consuetudinem , assessment of arms should be secundum facultates ; and in one of the writs published by the historian , the express assessment of h. . formerly mentioned , is particularly set down . nor are these arms thus assessed , so slight as men would pretend : for the arms of the first rank were the compleat arms of a knight , and their estates equal thereunto ; for those libratae terrae amounted to acres of land , as the late publisher of paris his history hath it : and is very nigh the reckoning of henry huntington , who ( as hath been mentioned ) layeth a helmet and coat of mail unto eight hides of land , which according to gervase of tilburie's account cometh to acres , every hide containing one hundred acres . these therefore were better than hoblers . and the succeeding ranks found arms also proportionable to their estates , as considerable as the times could find for such as were of constant use , and might be supplied with other weapons as occasion served , and as they might be of most benefit for the service . furthermore , whereas it 's said , that the wisdom of the parliament might be questioned , if they intended no better provision against an enemy than against a thief or rogue ; i should desire the consideration of those men , whether are those thieves and rogues , in troops or bodies , and well armed , or are they a sort of scattered out-laws , lightly armed to fly away , when they have gotten the prey ? if they were in the former posture , i pray what difference in point of difficulty of suppressing , between them and so many enemies ? and if it was discretion in the parliament to make this provision against the one , certainly these , with the knight-hood of the kingdom , with as much discretion , will be sufficient provision against the other . but if these be looked upon in the later sence , i fear the discretion of the parliament would have been much more questioned in arming all men that have any ability to suppress thieves and rogues , against which the ordinary watch and ward of the kingdom was an ancient and approved remedy , and sufficient safe-guard . and i would fain know of these men , whether it be for the safety of edward the first , or any other king , to arm the whole body of the people , especially in times of jealousie , for suppressing of thieves and robbers , whenas it may be done by a guard of known men in every county , with much more ease , and less charge to the people . lastly , whereas it is endeavoured to make this statute but a temporary provision , and taken up for the present condition of affairs , when thieves and robbers went with great strength , and in multitudes : this might be , i grant , of some efficacy , if it had been introductio novi juris ; but it being grounded upon a former custom , the ground of that custom ( which was defence of the kingdom ) must be the warrant of the law ; otherwise the present inconvenience might be remedied by a present order , and needed not the help of a law that should rest upon former custom , or provide for future generations . nevertheless , if all be granted , viz. that this statute is but a present order , that the arms therein are too slight to resist an enemy , and the end thereof was onely to enable the kingdom against thieves and robbers ; yet could not edward the first pretend to have any power to assess arms at pleasure upon occasion of war , for the defence of the kingdom ; nor is there any precedent in story that countenanceth it , seeing henry the third , and henry the second , in their course used the rule secundum facultates , as had been formerly observed ; and the rule foregoing tended onely to free-men and their lands . nor did king john disclaim the same , but pursued it ; ( and yet if there be any precedent of prerogative in story , which king john had not , that king will be looked upon as a king of wonderment ) i say , king john pursued it when he was in the strength of his distemper , threatned by the pope , provoked by the french king now ready in the field , vexed by his people ; and himself scarce himself , summons to defend himself , themselves , and the kingdom of england , all men that ought to have arms , or may have arms , and such as have no arms , and yet arma habere possint , let them also come ad capiendum solidatas nostras ; and accordingly there came a vast number , not onely of the armed men , but of the unarmed multitude , who afterward were sent to their own home when victuals failed . hitherto therefore king john not above three years before his death , held himself to the assessment to arms onely of such as had lands ; and at this time of exigency , others unarmed were summoned to take arms from the king with their pay , or otherwise they must fight without weapons . i am now come to the last general point , which concerneth the executive power of matters concerning the peace within this law , touching which the statute enforceth this , that constables in every hundred and franchise shall have the view of arms , and shall present defaults against the statute of justices assigned , who shall certifie the same to the king in every parliament , and the king shall provide remedy . whereby it seemeth manifest , that hitherto no law or custom was made against any for default of arms , but onely such as held by that tenure : and therefore they had a shift to cause them to swear to maintain arms , and so might proceed upon defaults , as in case of perjury ; and that the parliament was still loth to set any certain rule for penalty , and absolutely declined it , and left it under a general periculo incumbente , which it is likely men would rather eschew by obedience , than adventure upon out of a daring spirit , unless their case was very clear , within the mercy of common reason . and therefore such cases were left to special order of the parliament , rather than they would deliver such a rod as determining power was , over into any uncertain hand whatever . it is very true , that by the opinion of some , this also hath been controverted , as if all the executive power had been turned out of the parliaments order , into the directory of edward the first : which thing reacheth far ; for then in order thereunto , the whole militia of the kingdom must have been under his safe command . and whether it ever entred into the conceit of that king i know not , but somewhat like thereunto , is not obscurely urged to nourish and suggest such a kind of notion , and so derive it unto his successors , upon the words of a statute de defensione portandi armorum , the english whereof i shall render out of the french as followeth : it belongeth to vs , ( viz. edw. . ) and from vs by our royal seigniory , to defend force of arms , and all other force against our peace , at all times that we shall please ; and to punish according to the laws and vsages of this realm , such as shall oppose ; and to this they ( viz. lords and commons ) are bound vs to aid as their good lord , always when need shall be . two things are concurrant with this , which is the body of the statute , if such it be . the one is the preface , or the occasion : and the second is the conclusion upon the whole body of the same . the preface first sets down the inscription or direction of the law ; not to the people , but to the justices of his bench ; and so it is in nature of a writ or declaration sent unto his judges . then it sets down the occasion , which was a debate between edw. . and his lords , with a treaty which was had before certain persons deputed thereto : and it was accorded , that at the next parliament , order shall be taken by common consent of the king ▪ the prelates , earls , and barons , that in all parliaments , treaties , and other assemblies which shall be had in the kingdom of england for ever after ▪ all men shall come thereto without force , and without arms , well and peaceably : and thence it recites , that the said meeting at parliament was had , and that there the prelates , earls , barons , and commonalty being assembled to advise upon this matter ; nous eiont dit , saith one copy , and no●● eions dit , saith another copy : so as whether this was the declaration of the king unto the parliament , or of the parliament to the king , is one doubt , and a principal one it is in such a case as this . then the conclusion of all is , that the king commandeth these things shall be read before the justices in the bench , and there enrolled ; and this is dated the th of october in the seventh year of his reign , which was ann. . so as if it were the declaration of the king , then it implieth as if it were not very well accepted of the parliament ; and therefore the king would have it rest upon record in nature of a claim or protestando , for saving the prerogative of the crown . but if it were the declaration of the parliament , the king held it so precious a flower , that fearing it should fade , set it in a private garden of his own , that it might be more carefully nursed against the blast of time ; as if the parliament had not assented thereto , or ( if they did ) meaned not to hold it forth to the world for future times to be a constant rule , but onely by way of concession , to ease themselves of the present difficulty , in making a law against wearing of armour in ordinary civil affairs , and so referred it to the king's care to provide against emergent breach of the peace , as an expedient for the present inconveniences in affairs . and it will well suit with the posture of affairs then in course : for the welsh-wars were now intermitted , and a quiet of three years ensued ; in the midst of which , souldiers having liberty to do nothing ( and that is next to naught ) but recreate themselves , used their wonted guise , as if they were not dressed that day that they were not armed ; nor fit for counsel , unless ( as their ancestors ) with weapons in their hands ; nor worthy of the presence of a king under other notion , than as a general in the field , and themselves as commanders that are never a-la-mode but when all in iron and steel . i say , to make a law that must suddenly bind men from riding or being armed , when no man thought himself safe otherwise , was in effect to expose their bare necks to the next turn of the sword of a king that they did not over-much trust , and the less in regard he trusted not them . i do not wonder therefore if the parliament liked not the work , but left it to the king to provide for the keeping off breaches of the peace , and promised their assistance therein . lastly , supposing all that is or can be supposed , viz. that the parliament had given up the power of the militia unto edward the first ; yet it was not to all intents , nor did it continue : for besides the statute of tornaments , which sheweth plainly that the ordering of armour was in the power of the parliament , and which in all probability was made after that law last before-mentioned ; the statute at winton , made after this law nigh six years space , ordereth the use of the trained bands in maintaining the peace , and reserveth the penalties to themselves for any default committed against the said act. and therefore , notwithstanding any thing that yet appeareth to me out of any law or history , the chief moderatorship of war and peace , within the realm of england , resteth hitherto upon the parliament next unto god ; and in the king no otherwise , than in order to the publick , the rule whereof can be determined by no other judge than that which can be intended to have no other respect than the publick good , and which is the abridgement of the large volume of the kingdom . a summary conclusion . and thus have i brought the shape of english government ( rude as it is ) from the first off-spring of the saxons , through the rough waves of the danish tempests , the rocks of norman invasion , and of the quick-sands of arbitrary government under popes and kings , to the haven : much defaced it is , i confess , by the rage of time , and yet retained the original likeness in proportion . kings first ( about the norman times ) joyning with the lords for their joynt interest above the ordinary pitch , had mounted each other too high to be lords over free men . then by flattering of the free-men into their designs , hovered above them all ; but not being able to maintain their pitch so long as the lords held together , stooped for a party amongst them , and soon obtained their desire . for some lords ( more ambitious than others , and these again more popular than they ) seek several interests . and thus kings ( aided by their party to a supremacy which they were never born to ; and raised by them into a preheminence above their peers , which neither law nor custom ever gave them ) are of moderators in the council of lords , become moderators of those councils ; and so they obtained all that the lords had , but no more . for though both they and the lords abused their power over the free-men by extortion and oppression , as lords over tenants ; yet could they never prevail over them as free-born subjects , to gain their consent to give their right , or the law , up to the king's beck : but still the law remained arbiter both of king and people , and the parliament supream expounder and judge both of it and them . for other argument hereof there will be little need ( besides what hath formerly appeared ) than what we find in bracton , who wrote in the time of henry the third , to this effect : god is superiour to the king , and the law by which he is made king , and his court , viz. the earls and barons : earls ( according to their name comites ) are the kings associates , and he that hath an associate hath a master ; and therefore if the king be unbridled , or ( which is all one ) without law , they ought to bridle him , unless they will be unbridled as the king , and then the commons may cry , lo jesus , &c. this was the judgement of that famous lawyer of the state of an english king , in henry the third's time . i shall add hereto a concurrent testimony of a lawyer also in edward the first 's time . although ( saith he ) the king ought to have no equal in the land ; yet because the king nor his commissioners ( in case where the king intrencheth upon the right of any of his subjects ) can be both judge and party , the king by right ought to have companions , to hear and determine in parliament all writs and plaints of wrongs done by the king , the queen , or their children , and of those wrongs especially , whereof otherwise common right cannot be had . nor is this the opinion onely of lawyers , but it is the law it self unto which the royal assent was added , and the same sealed with an oath in the solemn stipulation made by kings at their coronation , with the people then present , in the name of the whole body : the sum whereof is wont to be propounded to the king in this manner , though in a different language . . will you grant and keep , and by your oath confirm to the people of england the laws and customs to them granted by the ancient kings of england , your righteous and godly predecessors ; and especially to the clergie and people , by the glorious king st. edward your predecessor ? the king's answer : i do them grant and promise . . will you keep to god and the church , and the clergie , and the people , peace and concord sincerely according to your power ? the king's answer : i will do it . . do you grant to hold and keep the laws and rightful customs , which the commonalty of your realm shall have chosen , and to maintain and enforce them to the honour of god after your power ? the king's answer : i this do grant and promise . in few words , the king promised to keep the laws already made , the peace of his kingdom , and the laws to be agreed upon by the commonalty : the same in substance with that of henry the first , william the conquerour , the danish and saxon kings formerly had , and in the foregoing discourse observed . and thus is he led to the throne in a chain of gold , a serious memorial of the king's duty as he is a man , and a glorious ornament to him as a king. if then the king be under the law in case of direction , as by stipulation he is bound ; if he be likewise under the law in case of transgression , to be judged by his comites , or peers ; hitherto certainly an english king is but primas inter omnes , and not supra totum ; and if at any time he skipped higher , he afterwards fell lower : for it was the lot of these times to have lords that were bent to work the people to regard their own liberties , in which the lords had first wrapped up their own claims . thus come the counsels of such as have been notoriously exorbitant to be scanned ; and to bring these into frame , all run out of frame ; the barons wars arise , and thrive according as interests do concenter more or less : the issue is like that of a drawn battle , wherein he that continueth last in the field , is glad to be gone away , and so the title is left to be tried upon the next advantage that shall arise . yet had kings gotten one step forwards to their designe , which was , in that they now had to deal with a divided baronage . it was the birth of ambition , and it was nourished by the same milk ; for those that side with the king are become magnificoes next to the king's person , and the sole managers of all the great affairs of state , concurrent with their own designes under-board . but the other lords are in account rural , standing further off ; and looking on at a distance , are laid away as superfluous . and as they themselves are out of the game of great men , so grow they mindless of their interest in the great affairs : yet of these there is diversity ; for some sport themselves in their condition ; others observe the irregular motions of those above , and watch their own time . this was the first advance of that society , which was afterwards called the privy council ; being a company of choice men according to the king 's bent , unto whom the consideration of all the weighty affairs of the kingdom is committed ; but nothing can be concluded without the king 's fiat , which regularly should follow upon the premisses , according to the major vote ; but more ordinarily suiteth with that which best suiteth with his pleasure . and now are parliaments looked on as fatal , or at the best but as heavy dull debates , and inconvenient both for speed and secrecy ; which indeed are advantages for weak and unwarrantable councils ; but such as are well-grounded upon truth , and strength of reason of state , are not afraid to behold the clearest noon-day ; and prevail neither by speed nor secrecy , but by the power of uncontrolled reason fetcht from truth it self . the grand council of lords also are now no less burthensome : for though they were not able to prevail against the private designes of an arbitrary supremacy , yet do they hinder the progress , tell tales to the people , and blot the names of those that are of that aspiring humour ; which once done , like that of sisyphus , they have no other end of their labour than their toil . thus perished that ancient and rightly honourable grand council of lords , having first laid aside the publick , then lost unity , and lastly themselves ; besides the extream danger of the whole body . for the sence of state once contracted into a privy-council , is soon contracted into a cabinet-council , and last of all into a favourite or two ; which many times brings damage to the publick , and both themselves and kings into extream praecipices ; partly for want of maturity , but principally through the providence of god over-ruling irregular courses to the hurt of such as walk in them . nor were the clergie idle in this bustle of affairs , although not very well employed ; for it is not to be imagined but that these private prizes plaid between the lords , commons , and king , laid each other open to the aim of a forrein pretension , whilst they lay at their close guard one against another . and this made an ecclesiastical power to grow upon the civil , like the ivy upon the oak , from being servants to friends , and thence lords of lords , and kings of kings . by the first putting forth , it might seem to be a spiritual kingdom ; but in the blossom , which now is come to some lustre , it is evident to be nothing but a temporal monarchy over the consciences of men ; and so , like cuckows , laying their eggs in nests that are none of their own , they have their brood brought up at the publick charge . nevertheless , this their monarchy was as yet beyond their reach ; it was prelacy that they laboured for , pretending to the pope's use , but in order to themselves . the cripple espyed their halting , and made them soon tread after his pace ; he is content they should be prelates without measure , within their several diocesses and provinces , so as he may be the sole praelatissimo beyond all comparison . and undoubtedly thus had been before these times destroyed the very principles of the church-government of this kingdom , but that two things prejudiced the work : the one , that the papalty was a forrein power ; and the other , that as yet the pope was entangled with the power of councils , if he did not stoop thereunto . the first of these two , was the most deadly herb in the pottage , and made it so unsavoury , that it could never be digested in this kingdom : for kings looking upon this as an intrenchment upon their prerogative , and the people also as an intrenchment upon their liberties , both or one of them were ever upon the guard , to keep out that which was without , and would be ruled neither by law nor counsel . and therefore though both kings and people , yielded much unto the importunity of these men , and gave them many priviledges whereby they became great , yet was their greatness dependant upon the law of the land and vote of parliament ; and though they had the more power , they nevertheless were not one jot the more absolute , but still the law kept above their top . i deny not but they in their practice exceeded the rule often , and lifted themselves above their rank ; yet it is as well to be granted , that they could never make law to bind the church-men , much less the laity , but by conjunction of the grand councils both for church and commonwealth-affairs ; nor could they execute any law in case that concerned the liberty or propriety of either , but in a synodical way , or as deputed by the parliament in that manner . and therefore i must conclude , that in these times whereof we treat , the principles of church-government , so far as warranted by law , were in their nature presbyterial ; that is , both in making laws and executing them , bishops and arch-bishops were never trusted with the sole administration of them , but in and by consent of synods , in which the clergy and laity ought to have their joynt vote . and all power more , or contrary hereto , was at the best an usurpation coloured by practice ; which was easily attained , where there was a perpetual moderatorship resting in the bishop , and over all the pope ; the king , lords , and commons in the mean while being buried in pursuit of several interests elsewhere . to make all semblable , the free-men met with the sad influence of these distempers , as well from the king and lords , as the clergy . kings to save their own stake from the pope , remitted of that protection which they owed to their subjects , and let in upon them a floud of oppressions and extortions from the romish and english clergy , and so like a little ship cast out a barrel for the whale to pursue , till it gets away : but this changed no right . the lords by their parties shattered them asunder , and dismembred their body by intestine broils . the clergy more craftily making some of them free denizons of the roman see , and taking them into their protection , whilst others of the free-men at a distance , were exposed as a prey to the continual assaults of those devouring times : all these conspired together to deface and destroy that ancient and goodly bond of brotherhood , the law of decenners , by which the free-men , formerly holden together like cement in a strong wall , are now left like a heap of loose stones , or so many single men , scarcely escaping with their skin of liberties , and those invaded by many projects , and shifts in government of state-affairs . so must i leave them until some happy hand shall work their repair , both for time and manner , as it shall please that great and wise master-builder of the world. finis . the continuation of the historical & political discourse of the laws & government of england , until the end of the reign of queen elizabeth . with a vindication of the ancient way of parliaments in england . london : printed for john starkey , at the miter in fleet-street neer temple-bar . m.dc.lxxxii . the contents of the several chapters of this book . i. the sum of the several reigns of edward the third , and richard the second . fol. ii. the state of the king and parliament , in relation of him to it , and of it to him . fol. . iii. of the privy council , and the condition of the lords . fol. iv. of the chancery . fol. v. of the admirals court. fol. vi. of the church-mens interest . fol. vii . concerning trade . fol. viii . of treason and legiance , with some considerations concerning calvin's case . fol. ix . of courts for causes criminal , with their laws . fol. x. of the course of civil justice during these times . fol. xi . of the militia in these times . fol. xii . of the peace . fol. xiii . a view of the summary courses of henry the fourth , henry the fifth , and henry the sixth , in their several reigns . fol. xiv . of the parliament during the reigns of these several kings . fol. xv. of the custos , or protector regni . fol. xvi . concerning the privy council . fol. xvii . of the clergie and church-government during these times . fol. xviii . of the court of chancery . fol. xix . of the courts of common-pleas , and common law. fol. xx. concerning sheriffs . fol. xxi . of justices and laws concerning the peace . fol. xxii . of the militia during these times . fol. xxiii . a short survey of the reigns of edward the fourth , edward the fifth , and richard the third . fol. xxiv . of the government in relation to the parliament . f. xxv . of the condition of the clergie . fol. xxvi . a short sum of the reigns of henry the seventh , and henry the eighth . fol. xxvii . of the condition of the crown . fol. xxviii . of the condition of the parliament in these times . fol. xxix . of the power of the clergie in the convocation . f. xxx . of the power of the clergie in their ordinary jurisdiction . fol. xxxi . of judicature . fol. xxxii . of the militia . fol. xxxiii . of the peace . fol. xxxiv . of the general government of edward the sixth , queen mary , and queen elizabeth . fol. xxxv . of the supream power during these times . fol. xxxvi . of the power of the parliament during these times fol. xxxvii . of the jurisdiction ecclesiastical during these last times . fol. xxxviii . of the militia in these later times . fol. xxxix . of the peace . fol. xl. a summary conclusion of the whole matter . fol. . the continuation of an historical and political discourse of the laws & government of england . the former times , since the norman entry like a rugged sea , by cross winds of arbitrary vapours , in and about the crown ; and by forrein engagements from the holy chair , made the true face of affairs cloudy and troublesome , both for the writer and the reader . henceforward , for the space of three hundred years next ensuing , kings by experience and observation finding themselves unequal to the double chace of absolute supremacy over the sturdy laity and encroaching clergie , you will observe to lay aside their pretensions against the peoples liberties , and more intentively to trench upon the spiritualty , now grown to defie all government , but that of covetousness . nor would these times allow further advantage to kings in this work , they being either fainted by the ticklish title of the crown , hovering between the two houses of york and lancaster , or drawn off to forrein employments ; as matters of greater concernment for the present well-being of the kingdom , or for the spreading of the fame of such as desired to be renowned for valiant men . it will be superfluous to recount the particular atchievements formerly attained by these ecclesiastical men ; the former treatise hath already said what was thought needful concerning that . for the future , i shall even premise this , that the ensuing times being thus blessed with a truce , or stricter league between the kings and commons ; the errours in government more readily do appear ; the corruptions in natures of men more frequently discover themselves ; and thereby the body of the statute-laws begins to swell so big , that i must be enforced to contract my account of them into a narrower compass , and render the same unto the reader , so far forth only as they shall concern the general stream of government ; leaving those of privater regard unto every mans particular consideration , as occasion shall lead him . for whatever other men please to insist upon , this i take for a maxime , that though the government of a king is declared by his actions ; yet the government of a kingdom is onely manifested by ancient customs , and publick acts of parliament . and because i have undertaken a general survey of the reigns of thirteen several kings and queens of this nation , ( for i shall not exceed the issue of henry the eighth ) and to handle each of them apart , will leave the reader in a wilderness of particulars , hard to comprehend in the general sum ; i shall therefore reduce them all into three heads , viz. interest of title , interest of prerogative , and interest of religion ; the last of which swayed much the three children of henry the eighth ; the second as much in their two ancestors , viz. henry the eighth , and henry the seventh ; and the first in the three henries of lancaster , and three succeeding kings of the house of york . and because edward the third , and his grand-child richard the second , do come under none of these interests , i shall consider them joyntly , as in way of exordium to the rest , although the course of the latter was as different from the former , as lust falls short of a generous spirit . chap. i. a sum of the several reigns of edward the third , and richard the second . several i may well call them , because they are the most different in their ways and ends of any two of that race that ever swayed their scepter ; and yet the entrance of the first , gave countenance to the conclusion of the last . for the scepter being cast away or lost by edward the second , it was the lot of his son edward the third , a youth of fifteen years of age , to take it up : he knowing whose it was , and feeling it too heavy for him , was willing enough it should return ; but being overswayed by counsels drawn from reason of state , and pressed thereto by those that resolved not to trust his father any more , he wisely chose to manage it himself , rather than to adventure it in another hand . but that is not all : for as it is never seen that the crown doth thrive after divorce from the scepter , but like a blasted blossom , falls off at the next gale of adversity ; such was the issue to edward the second , his power once gone , his honour followeth soon after : he had ceased to be king , and within a small time did cease to be edward . his son , thus made compleat by his fathers spoil , had the honour to be the repairer of the ruines that his father had made ; and was a prince which you might think by his story to be seldom at home , and by his laws seldom abroad . nor can it be reconciled without wonder , that providence should at once bestow upon england , a courageous people , brave captains , wise council , and a king that had the endowments of them all . otherwise it had out-reached conceit it self , that this small island , wasted by the barons wars , the people beaten out of heart by all enemies in the time of the father , should nevertheless , in the time of the son , with honour wade through so many difficulties of mighty wars on every side abroad , and devouring pestilence at home ; and yet lay a platform of an opulent , wise , and peaceable government for future generations . yet he had his failings and misfortunes ; a great part whereof may be attributed to infirmity of age , which in the first part of his reign was too little , and in the latter part too much . true it is , that governours of the persons of kings may in some measure supply defects of non-age ; but seldom where the governours are many , and never if they be ambitious . and it was this king's fate to miscarry in both ; for he had in his youth twelve governours by constitution , and they , two supream by usurpation , viz. the queen and mortimer , till they were both consumed in the flame which themselves had kindled . and this disparity wrought somewhat unsuccessfully in the king 's first war : for the generosity of his spirit ( himself being young and active ) minded his council to advise him employment in a forrein war , rather than they would adventure its motion at home , lest it might prove circular ; which is most dangerous for government , if the prince be not under command of himself . this first war was with scotland , whose power was inferiour to that of france ; the king young , and the danger nearer ; and therefore though the last affront was from france , that more fresh in memory , and more poinant , yet the king was advised to give place , and speak fair , till he had tried masteries with scotland , and thereby secured his rear . this he wisely hearkned unto , and met with such a successful turn of providence , that like an o yes , before a proclamation , gives warning to scotland that the wheel is turned upon them ; and that there is somewhat more than humane motion in the matter , that exasperates the english upon an enterprize so often crossed by providence hitherto ; and the king also ( being but a souldier in hope as yet ) to dare against those that had so shamefully foiled his father , and also put himself already once to the retreat . and yet there did concur a kind of necessity of second causes ; for the king found the crown engaged , and the minds of the scots so elate , as the english-man's case was not to live to fight , but to fight to live ; and so imbittered against one another by the fierce wars under the barons , that nothing could quench the fire , but the withdrawing of the brands into forreign action ; like some angry spirits , that spoil their own bodies , unless they chide or fight it out with others . in the first brunt with scotland , the king gained nothing , but understanding of the humours of some of his great lords ; which once purged out , he renews the war , prevails , and after ten years stir ( wherein he became a trained souldier against the scots ) he wan the cross , and then goes to play his prize in france , to compleat his crown with the flower-de-luce : which was the great work of the rest of his reign , in which four parts of five were victorious ; the fifth and last was declining , like some gamesters , that win at the first , and for want of observation of the turning of the dice , come off losers at the end . for the king being rather satiated than satisfied with victory and honour , returned home to enjoy what he had , leaving his son , the black prince , to pursue the war , and to act the souldiers alone , who now began to honour his valour above his father's . but the tide is spent , the prince of chivalry dies , the brave commanders wasted ; and the french , too sickle to continue subject to the english longer than needs must , tack about for another adventure , and make it plain , that france is too big to be garrison'd by england , and that it will cost england more to hold it than to have it . his religion was more to the purpose , than of any of his predecessors since the norman times : he re●lected upon god in common events , more ordinarily than the general stream of the clergie did in those days . he loved , if not adored , devout men and their prayers , and yet intentively disclaimed opinion of merits in the creature . he saw the pope through and through , loved him but little , feared him less , and yet lost neither honour nor power thereby . his chief policy at home , was , to be much at home , great with his people , and they great with him : what the parliament did , he accounted well done ; he never questioned their power , though he was over-reached in questioning their wisdom . for he that shall prefer his own wisdom above that of the parliament , must needs think himself extreamly wise ; and so much the more to know himself to be such . but the worst of his fate was , to live to his winter-age , and after fifty years reign , or more , to die in his minority under the rule of a woman of none of the best fame , after he had enjoyed the honour of greatest note in the christian world in his days . such was not richard the second , though the onely son of that famous chieftain , the black prince of wales , a renowned son of a renowned father ; but ( as a plant transplanted into a savage soyl ) in degree and disposition wholly degenerate , retaining a tincture of the light inconstancy of his mother , and the luxuriousness of his great grandfather edward the second ; and running his course , he came to his end . his entrance , however by colour of inheritance , yet was a greater adventure than his predecessors , that came in by election ; upon the designation of his father by his last will , say some . for this man came in upon many disadvantages , both of time and person : the times were very troublesome , the kingdom new wrapped up in a double war abroad , and ( which is worse ) flouded with distraction at home , contracted partly by his predecessor's weaknesses in his decrepit estate , partly by a new interest of religion sprung up against the papal tyranny , from the doctrine of wickliff ; all which required a very wise man , and a brave commander ; in both which the king failed . religion now began to dawn through the foggs of romish usurpations and superstitions , aided thereto by a schism in the triple crown , that continued forty years , with much virulancy abroad , and with as bad influence upon our myters at home . some of whom were called clementines , others vrbanists ; and yet none of them all worthy of either of the names , in their proper signification . the laity , though lookers on , yet were not quiet : for though liberty be a hopeful thing , yet it is dangerous to them that are not a law to themselves , especially in matter of opinion ; for that arraigns the rule , and lays the way open to licentiousness . and now that the liberty from the keys began to be taught as a duty of religion , the inferiour sort meet with doctrines of licentiousness , upon mistake of the notion ; and will acknowledge no rule , now they must be all at liberty : and thus sprang up the insurrection of the servants and bond-men against their lords and masters under cade and straw ; that might have brought the commonwealth into a hideous chaos , had not the lords and great men betimes bestirred themselves ; and the king shewed an extraordinary spirit , or rather a kind of rage , that put it self forth beyond the ordinary temper of his mind . much of this mischief was imputed to wickliff's doctrine ; for it is an ordinary thing to proclaim all evils concurring with the very joynt of reformation , to be the proper fruits thereof : but i look upon it as a fruit of corruption , that endeavours to stop the breath of reformation in the birth . and there is somewhat of a hidden influence from above in the thing ; for it was not onely the cup of england to be thus troubled , but france and other places had their portion suitable . the king's minority rendred him unequal unto these contrary motions ; he was in his eleventh year , when he entred the throne ; and ( which was worse ) his years came on faster than his parts , but his work posted before them all . the common help of protectors left him yet more unhappy ; for they were prepossessed with strong engagements of particular interests ; and so were either not wise enough , or not good enough for all . this brought forth a third inconvenience , the change of protectorship ; and that change of affairs and interests , an uncertain good that brings forth a certain evil ; for variety of instruments and interests move several ways , and though the end be one , the difference concerning the way many times doth as much hinder the journey , as so many blocks in the way . the protectorship was thrice changed ; the king's uncles had the first essay ; any one of them was big enough for one kingdom , but all of them together were too great to make one protector . the duke of lancaster would have done well alone , if he had been alone , and minded that work alone ; but he being somewhat engaged with the wickliffists , and so entangled with the clergy , and other restless spirits , and drawn off by his private aim at the crown of castile , saw this work too much ; and so he warily withdrew himself , leaving the directory to a committee of lords : a soveraign plaister , questionless , where the times are whole ; but not for these distractions , wherein even the committee it self suffered its share . thus the breach is made the wider ; and for a cure of all , the government is committed into one hand , wherein the earl of warwick acquitted himself well , for he was wise enough to observe such as the people most honoured . and thus passed over the two first years of the king's reign . the remainder of the king's minority , was rather in common repute than in true account . for the king , however young , took little more from the protector than he saw meet , to colour his own commands with opinion of regularity ; and so his will came to full strength before his wisdom budded . thus lifted up , he sets himself above all interests of parliaments , protectors , counsellors , uncles , wise men , and law ; leaving them all to be rules for those below . and so long as the king's desire is thus served , he is content to be reputed a minor , and be as it were under protection of others , though not under their direction ; and is content to continue thus until his two and twentieth year . some might think him very moderate , had he been moderate ; but he forbears suing out his livery , so long as he may live without care , and spend without controul . for by this time the humour of his great grandfather budded in him ; he pawned his heart to young men of vast desires , and some say so inordinately , as he prostituted his chastity unto them . and it is no wonder if the revenues of the crown are insufficient for such masters . this the people soon felt , and feared their own free-holds : for they are bound , saith he , not to see the crown deflowred for want of maintenance ; it is very true , nor to see the crown deflowred of its maintenance . a parliament therefore is called ; in which divers lords associate , and prepare physick for the king 's lavish humour ; which being administred , wrought for ten years after , till it had purged him of his life , and the kingdom of their king. it was an act of parliament that gave power to fourteen lords and others to regulate the profits and revenues of the crown , and to do justice to the people ; this was to continue for one whole year . the parasites no sooner found the effect hereof to their cost , but the king grows sick of it , and finds an antidote to over-rule acts of parliament , by acts of privy-council ; declares this ill-favoured commission void , and the contrivers , advisers , and enforcers , traytors . to make it more majestical , he causeth the judges to subscribe this order , and so it becomes law in repute . this foundation thus laid , he buildeth in haste an impeachment of these commissioners of high treason ; and supposing that they would not readily stoop , himself stoops lower ; for he would put his right to trial by battle , which was already his own by the judgement of the masters of the law : for so they may be well called , seeing they had thus mastered it . in this the king had the worst , for he lost his honour and himself : god hath a care of common right , even amongst idolaters . then comes the parliament of wonders , wherein the kings party are declared traytors , and the chief judges with their law judged by another law. the king not meddled with , thinks it high time to come out of his minority , and assumes the government of the kingdom , and himself , to himself , being now three and twenty years of age ; old enough to have done well , if he had cared for it . but resolving to follow the way of his own will , at length it led him to his own ruine . onely for the present two things delayed it , viz. the authority , wisdom , and moderation of his unkles , especially of the duke of lancaster , now come out of spain ; and the great affection which the king pretended to the queen , who had also gained a good opinion amongst the people . the benevolent aspect of the people , not for their own advantage , but for the publick quiet , procured many parlies and interviews between the king and people , and many laws for the upholding of the court and government ; although both war , laws , justice , and councils , all are faint , as all is faint in that man that hath once dismann'd himself . this he perceives well enough , and therefore peace he must have by any means . the queen dies ; himself being nigh eight and twenty years old ; takes a creature like a wife , but in truth a childe of eight years old , and this is to get peace with france . it is no wonder if now he hunts after unlawful game , and that being ill taken , brings all things out of order ; for abused marrige never wants wo. civil men are now looked upon as severe cato's ; and his unkles , especially the duke of gloucester , with a jealous eye ; which accomplished his death in the conclusion . the dukes of lancaster and york forsake the court , favourites step into their rooms . the old way of the eleventh year is re-assumed ; belknap and others are pardoned , and made of the cabinet . the pardon of the earl of arundel is adnulled , contrary to the advice of the major part ; and the archbishop , the earl's brother , is banished . the lords forsake the wilful king ; still the king's jealousie swells . the duke of hertford is banished , or rather by a hidden providence sent out of the way for a further work . the duke of lancaster dies , and with him all hope of moderation is gone ; for he was a wise prince , and the onely cement that held the joynts of the kingdom in correspondency : and he was ill requited , for all his estate is seized upon . the duke of hertford and his party are looked upon by the people as martyrs in the common cause , and others as royalists . extremities hasten on ; and prerogative , now upon the wing , is towering above reach . in full parliament , down goes all the work of the tenth and eleventh years parliament : which had never been , if that parliament had continued by adjournment . the king raiseth a power , which he calleth his guard , of cheshire-men ; under the terrour of this displaying rod , the parliament and kingdom are brought to confession . cheshire for this service is made a principality ; and thus goes counties up , and kingdoms down . the king's conscience whispers a sad message of dethroning ; and well it might be , for he knew he had deserved it . against this danger he entrenches himself in an act of parliament , that made it treason to purpose and endeavour to depose the king , or levy war against him , or to withdraw his homage , hereof being attainted in parliament . and now he thought he was well guarded by engagement from the parliament ; but he missed the right conclusion , for want of logick : for if the parliament it self shall depose him , it cannot be made a traytor , or attaint it self , and then hath the king gained no more than a false birth . but the king was not thus quiet , the sting of guilt still sticks within , and for remedy he will unlaw the law ; and gets it enacted , that all procurers of the statute of richard the second , and the commission and procurers of the king's assent thereto , and hinderers of the king's proceedings , are adjudged traytors . all these reach onely the branches , the root remains yet , and may spring again ; and therefore in the last place have at the parliament it self . for by the same it is further declared , that the king is the sole master of the propositions for matters to be treated in parliament , and all gainsayers are traitors . secondly , that the king may dissolve the parliament at his pleasure , and all gainsayers are traitors . thirdly , that the parliament may not proceed against the king's justices , for offences by them committed in parliament , without the king's consent ; and all gainsayers are traitors . these and the like aphorisms once voted by the cheshire-men , assented unto by the parliament , with the kings fiat , must pass for currant to the judges ; and if by them confirmed or allowed , will in the king's opinion make it a law for ever , that the king in all parliaments is dominus fac primum , and dominus fac totum . but the judges remembred the tenth year , and belknap's entertainment , and so dealt warily ; their opinion is thus set down : it belongeth to the parliament to declare treason ; yet if i were a peer , and were commanded , i should agree . so did thorning under-write ; and thereunto also consented rickill , and sir walter clopton ▪ the last being chief-justice of the king's bench , the first chief-justice of the common-pleas , and the second another judge of the same bench. the sum in plainer sence is , that if they were peers , they would agree ; but as judges , they would be silent . and thus the parliament of england by the first of these four last-mentioned conclusions attainted themselves ; by the second yielded up their liberties ; by the third their lives ; and by the last , would have done more , or been less : and to fill up the measure of all , they assigned over a right of legislative power unto six lords , and three commons ; and yet the king , not content , superadded , that it should be treason for any man to endeavour to repeal any of their determinations . the commonwealth thus underneath , the king tramples upon all at once ; for having espied the shadow of a crown fleeting from him in ireland , he pursues it , leaves the noble crown of england in the base condition of a farm , subject to strip and waste by mean men , and crosses the irish seas with an army . this was one of england's climacterical years , under a disease so desperate , that no hope was left but by a desperate cure , by sudden bleeding in the head , and cutting off that member that is a principle of motion in the body . for it was not many moneths e're the wind of affairs changed ; the king now in ireland , another steps into the throne . the noise hereof makes him return , afar off enraged ; but the nigher he comes , the cooler he grows ; his conscience revives , his courage decays ; and leaving his army , his lordship , kingdom , and liberty behind , as a naked man , submits himself to release all homage and fealty ; to resign his crown and dignity , his titles and authority ; to acknowledge himself unworthy and insufficient to reign ; to swear never to repent of his resignation : and thus , if he will have any quiet , this wilful man must be content for the future , neither to will nor desire . and poor england must for a time be contented with a doleful condition , in which the king cannot rule , and the parliament will not , and the whole body like a chaos capable of any form that the next daring spirit shall brood upon it . chap. ii. of the state of the king and parliament , in relation of it to him , and him to it . a king in parliament is like the first-born of jacob , the excellency of dignity , and the excellency of power ; but alone , unstable as water . examples of both these we have in these two kings , whereof the first was crowned by the parliament , and crowned it ; the latter also crowned it , but with thorns ; and yet the parliament in all held on that wise way , that it neither exceeded its own bounds , nor lost its own right . i shall enter into the consideration of particulars under these heads : first , in relation more immediately to the interest of the king : secondly , to the interest of the kingdom in general . the king , though higher than all the people by the head , and so hath the prerogative of honour as the most worthy , yet his strength and abilities originally do rise from beneath ; otherwise , he is but like a general without an army , the title big , but airy ; and many times his person subject to so much danger , that instead of drawing the eyes of all the people to look upon him with admiration , they are drawn to look to him with observation ; and in this respect he may be said to be less his own man , and more the kingdoms , than any of the inferiour sort . this befel in both these kings in a special manner ; each entring upon the grand government of a kingdom , before they were able to understand the work , or govern themselves : and therefore were under power of protectors for the guard of their persons and their education , and of the parliament for counsel and direction in cases relating to the kingdom . the child of a mean man , when its parents are dead , is filius amici ; but a king is filius populi , to be by them trained up in such manner , that he may be pater populi when he is come to age . in the mean time , though he be a king , yet his person like a precious jem must not out of the ring , but must be directed by council , though under some kind of restraint , and the counsellors all the while no offenders in such cases against the prerogative royal. and therefore , though it be true that kings grow faster than other men , and sooner come to full age than they ; yet edward the third , now in his sixteenth year , might not pass over sea into france , though it were for restoring of peace , but by direction of the parliament : nor is it meet in such cases , that kings should stand upon the prerogative of a negative . secondly , it may likewise be said , that his family is less his own , as he is a man , than other mens : for private families are no further under the publick law , than in relation to the publick peace , to punish after breach made ; but the families of kings are looked upon by all in relation to the honour and profit of the publick ; not onely because the king's servants have , by their nigh attendance upon his person , a more powerful influence into his actions , which may reflect a malevolent aspect upon the whole course of affairs , if they be not better ordered that are so nigh him ; but more especially in regard that the government and order of the royal family trencheth deep upon the honour of the kingdom , and purses of the people , who are concerned to see the same accommodated suitable to the state and port which the nation would bear forth to the world. and therefore for the parliament to intermeddle in the king's family , is not foreign nor new . alice piers was a familiar , if not of the family of edward the third ; yet both her self , and others of that family , were complained of as a grievance . richard the second was once a young man , and ever a young king ; and what edward the third wanted onely in his youth , and in his infirm old age , this man ever wanted : for he that knew not how to govern himself , how much less could he govern his family ? and if in this condition the parliament become his stewards , to set a yearly survey and check upon his servants and family , in order to the good order of the same and kingdom , other wise men must conclude , it did that which was just ; though richard the second , and those of his mind , think not so . but this is not all ; kings have not onely such as serve the outward man , but some that serve their consciences , of old time called confessors ; in these days without name , for fear of superstition ; yet the thing remaineth still in some well-favoured chaplain , and their work is to lead the king's conscience in dark ways , or rather into them . commonly he hath a devout outside , and that is the king's idol : but if while his eye be towards jerusalem , his mind be towards the dead sea , the king is his ; and then the blind leads the blind : like some ignis fatuus , to such as know it not . no man is so well known by his company , as kings are by these men , and these men by their actions . although some have been so witty as to cheat the whole generation of mankind , by entertaining holy men to be their chaplains ; themselves the mean time without any spark of that holy fire : yet this king was not so cunning ; he had a confessor of his own choice , and according to his own heart , who was complained of as a grievance , and the parliament removed him . so nigh they ventured , even to invade the king 's own conscience , if it may be called conscience , that will acknowledge no law but that of its own mind . thirdly , the king's revenue was under the check and controul of the parliament ; for it befals some princes , as other men , to be sometimes poor in abundance , by riotous flooding treasure out in the lesser currents , and leaving the greater channels dry . this is an insupportable evil , because it is destructive to the very being of affairs , whether for war or peace . for the king's treasure is of a mixt nature , much of it being intended for publick service , as himself is a publick person . and for this cause he hath officers of several natures attending upon his treasury : some for land , some for sea , some for the general treasure of the kingdom , some for that of the houshold , and some for the privy purse . the common end of all being to maintain state in time of peace , and strength against time of war. because it is no easie matter to maintain the just proportions for each of the said ends , it is the less wonder that such a brave prince as edward the third should labour under want for maintenance of the wars ; and so lavish a spendthrift as richard the second , should labour under more want to maintain his port and countenance in peace . and therefore , though it be true that the publick treasure is committed to the king as the chief steward of the realm ; yet it is as true , that he is but a steward , and that the supreme survey of the treasure resteth in the parliament , who are to see that the treasure be not irregularly wasted , to reduce the same into order ; and for that end to call the treasurers and receivers to account , to see to the punishing of such as are unfaithful , and encouraging of others that are faithful . for when by extravagant courses the treasure is wasted , by extraordinary courses it must be supplied ; which ever is out of the subjects purses . and in such cases it is great reason that they should observe which way the course lies of such expences . if then in such cases sometimes the parliament hath stayed the issuing out of the king's revenue for some time , or otherwise viewed and examined the same , charged it with conditions , . e. . n. . r. . n. . limited it to certain uses , and in case of misuser , refused to levy or make payments ; the case will be without dispute , that the parliament ordered the publick treasure as they saw most need . but much more , if we consider how the greatest part of this treasure was raised . viz. not from the old revenues of the crown , but by new impositions , levies , and assessments laid upon the people , even what they pleased , and in what manner they thought meet , and not otherwise . aids are lawful , if they be legally given by common consent of parliament . taxes , if legally given by parliament , are no less lawful ; yet they must be collected in such manner , and by such means as the parliaments order doth direct . loans of moneys to the king may be made by them that will ; but the king must not demand them , because the subject hath no means to recover the debt . this trick had been lately tryed by edward the second , much money he got , and it was repayed by the order of the parliament . but of all the rest , nothing shewed more absolute authority in the publick revenue , than the care that was had of the demesnes of the crown : for whereas the expxences of kings grew so vast , that neither the yearly revenue could suffice , nor aids , assessments ; and taxes could satisfie , however ordinary they in these times were become ; rather than kings would contain themselves , they would invade their own demesnes , by pawning , selling , and giving them away , either for love or money : and thus was poverty treasured up against the future , both for king and crown . the parliament espying this leak that was like to undo all , applyed a speedy remedy , undoing what was done , and undoing some by an act of resumption ; and thereby taught kings to look to their honour better for the future , and people also to take heed of medling with such ticklish matters , and to know that he that hath such in his possession , hath them by a crack'd title , that cannot be amended but by act of parliament . fourthly , an english king is no out-law ; nor can he do any wrong , though the man may . he hath a double relation , one as a king , the other as a man ; and the uniting of both in one person , hath cheated many a man of his judgment in the case of prerogative . he hath a double will , and these many times contrary , equally as in other relations ; and in this contrariety , sometimes the king overcomes the man , and sometimes the man the king : so as if any man , the king hath much more cause to cry out , o miserable man ! these divers wills are generally led by divers rules : one of a man , which many times reacheth no higher than the affections ; and if the man be weak , they deserve little better name than lusts. the rule of a king is law , or councils , of these in place ; and unto these in all prudentials , he must submit his judgment and will , as he is a king. nor can he do otherwise , unless he will presume to be wiser than his council . suitable hereunto doth that clause in one of the statutes of these times conclude , viz. that the king is bound by his oath , to pass all laws that are for the good of the kingdom . for were the power of election , or determination of the point , onely in the king , then were the oath in vain ; nor is the parliament at all ( in case of the king's dissent ) to judge of the convenience or inconvenience of proposals made for the good of the whole body , according to that power which is exercised in these times . nor is it rational to infer here from that , if law and council be the rule of a king , then the obedience of the people unto this king must be in order to law and council , otherwise the disobedience cannot be determined to be against the king , but against the man ; and though against the private will of the commander , yet not against the law ; nor therefore can it be said illegal or unjust . the parliament in these times held forth this doctrine plainly to the world , that it is their proper work , in cases needful , to do right to such as are wronged by the king : his command is no warrant in such cases . if a man be wrongfully imprisoned by him , he shall be released and set at liberty by them . let his act be never so authentical under the broad seal , it can take no man's right away . richard the second did his utmost to satisfie and quiet the tumultuous rabble under cade and straw , and granted store of manumissions to the bond-men by declaration , and by his letters-patents ; but not one of them good enough to deprive any one of the meanest of the free-men of their rights in those bond-men . the priviledge of shewing mercy , and granting pardon , hath been anciently betrusted to the king , as an overseer of the execution of law ; yet he hath not that prerogative , to have mercy on whom he will have mercy . ever since this nation had learned to read the bible , murther hath been excepted from mercy ; nor did the law ever allow any king that prerogative to pardon that . edward the third did not challenge any such , not onely bound thereto by his coronation-oath , but by publick acts of state declaring the same : yet because the parliament was not always sitting , and kings were ever subject to this temptation , to favour servants by granting mercy to malefactors ; a general rule of inhibition is made against all pardon to be granted by the king in case of felony , but onely in cases allowed by advice of the council . it is true , that in the first times of richard the second , he liked not to be thus girt in his power , which he pretended was more at liberty in his predecessors ; possibly he meaned king john , and edward the second , who many times did what they listed : yet under his favour , no law was so shameless , as to hold forth such a power , till richard the second's law countenanced it . but why do i call it a law , which is onely a declaration by consent of the lords , such as then were ? the commons would never own such an opinion : and therefore it soon proved abortive ; for within three or four years , by publick act of parliament , it is peremptorily declared , that the king's pardon shall not extend to murther . so as upon the whole matter it is plain , that it is not the king's will , though supported by the council of lords , and backed by the opinion of the judges , that must be a rule for the government of this kingdom ; nor doth any allegiance bind obedience thereunto , in case where justice or the liberty of the people is concerned . three things yet remain which kings have claimed to be their own , viz. conferring titles of honour , and places of trust , and the legislative power . the first is but a feather , and not worthy of regard ; yet it is plain that these times produce many precedents of dukes , marquesses , and earls , made in parliament ; and possibly it may be apparent , that the first motion of any such title of honour , did first fetch its original thence , if not in the field : but it is not worthy of the labour . the second is more considerable ; viz. the power of conferring places of publick trust : this kings have pretended unto , although in course of congruity it will be thought more meet , that it belongeth rather to that chief and grand trust of the whole kingdom committed to the parliament : and the practice of these times is not much discrepant , whether we regard such as are for advice or execution . of the first of these , are those whom we commonly call , the privy council , whose advice in course toucheth first upon the king's person , but by reflection worketh strong impressions upon the people , so far as the influence of the king's power extends . and therefore it is not beyond the sphear of the parliament to interpose and qualifie that influence , so as it may be for the general good of the whole kingdom . for many times kings are either above or beneath themselves ; and in such cases , if the council be of the king's suit , he is of the deeper dye , and proves more malignant to the people . edward the third , growing into great opinion in the world , his proportion exceeds his own portion , and the peoples good wills to boot ; they think the fault is in the privy-council , and an inquisition is set upon it . so also they do in his fiftieth year , when he grows downward . and the like in the beginning of richard the second's reign , he being now a youth , and therefore unstable in his resolutions , and unable to make election . so as upon the whole matter , if the king fall short in point of judgment or resolution , or inordinate in his affections ; but more especially where they observe the major , or more considerable part of the council to draw towards a designe ; in such cases as these , the parliament , as its own duty , undertook to settle a good council about the king's person , that might advise him during their recess . for the privy-council is never more it self , than when it is an epitome of the common-council of the kingdom . in like manner such officers as concern execution of law and counsel , are as narrowly to be enquired into : for if their motion be irregular , it is less material what the rule be . the parliament therefore held it their duty to interpose in the election of grand officers of the kingdom , such as are the chancellors , judges , and justices ; or to confirm or displace them , or bind them by oath . the rolls of the eighth , fourteenth , fifteenth , and thirty-sixth years of edward the third ; and the sixth , tenth , and eleventh years of richard the second , do manifest this sufficiently . i have done with the subject-matter , or work of the parliament , in the mutual relation of the king and it ; the manner of proceeding was either joyntly with the king , or without him ; and either joyntly with the two houses , or severally ; and either immediately by themselves , or their committees . as touching the first , it is evident , that in all matters wherein gain ariseth to the crown from the people , by subsidy , or otherwise , the strength of the grant by act of parliament resteth in the two houses ; and that the king's assent is but pro forma , as touching that matter ; and therefore such grants have been made as tended in some measure to derogate either from the king's wisdom , care , or fidelity ; yet even these have passed with the royal assent , though the full assent or good will of the person of the king was not correspondent thereto : as in these cases formerly noted , where subsidies were given with limitations and conditions , and upon rendring account to the people . and it is as evident , that where the king's person is disabled to understand , ( as in case of infancy ) there the royal assent can bear little weight with it ; but most of all in the king's absence , where either the assent is put thereto by commissioners , that know not the king 's particular mind , or the act is done onely by the houses , in nature of ordinances ; and yet these of force to bind all parties but the king. but nothing more debased the royal assent in these times , than a trick that edward the third plaid in the midst of the fullest strength of his government . it was in time of war , which never is time of good husbandry and laying up , nor of sober advice in laying out , nor of equity in levying and collecting moneys for the nerves of war. this forward warrier , in the heat of his atchievements , finds his strength benummed for want of money ; he leaves off , comes home , rages against his archbishop , to whom he had committed the care of provision for his war ; and the archbishop as hotly falls upon some of the treasury in the army on the one side , and upon others in the country ; whose oppressions , saith he , instead of bringing in money , made the people to give a stop thereto . a contest hereupon thus had , it was concluded by the power of the parliament , that such men should be questioned , and that the parliament from time to time should call all officers of state to account : and thereupon ensues a calm . after the parliament ended , the king repeats the matter ; it makes his heart sick ; he disgorgeth himself by a proclamation , made by advice of nobles , and wise men , as he saith ; and tells all the world he dissembled with his parliament ; and what he did was done by duress of mind , to please for the time , and to gain his ends ; which being now had , he by his proclamation revokes what he had done in parliament , or endeavoured it . and thus is england put to school to learn to dissolve three hard knots : first , whether a king can dissemble with his parliament ? secondly , whether edward the third his dissembling assent makes a law ? lastly , whether by a proclamation , by advice of nobles and wise men , he can declare that he dissembled with his parliament , and therein not dissemble the royal assent , so as to bring all the laws made in any kings time into question , at least during his life ? however the result may be , it is evident , the royal assent gets no honour hereby , and the statute as little , that hath suffered this proclamation all this time to pass among the number of the statutes in print as a law , whenas many statutes that are laws of not , are left out as useless . although in the general , the two houses joyned in every act ad extra , yet ad intra , and in relation one to another , they had their several operations ; the house of commons intermedled more in the matter of fact , the house of lords in matter of right ; although in either of these there is a mutual aspect from both . in matters of judicature , much rested with the lords , and therefore it is ordained , that , the house of lords shall remedy all offences contrary to the law of magna charta . and in cases where no remedy is left , nor judgement by the law , the matter shall be determined in parliament , and the king shall command execution to be done according to the judgement of the peers . which laws seem to be but declarative of the former law , and in the nature of reviving that power into act which was formerly laid asleep ; and doth strongly imply that the ultimate act in judicature rested with the lords , in relation not onely to the house of commons , but also in relation to the king , whose work in such cases is , not to judge above or with the peers , but to execute their sentence . and that carries with it a list , whereby the power of a king may appear not to be so supreme in making of the law , as some would have it : for if his judgement and conscience be bound by the votes of the peers in giving a law , in case of a particular person where the law was not formerly known , let others judge of the value of this negative vote , in giving law to the whole kingdom . it is true , that this parliament was quarrelled by the king , and he kept it at a bay by a proclamation that pretended revocation , as far as a proclamation could revoke an act of parliament ; but it effected nothing , nor did the contest last long . now though this jurisdiction thus rested in the house of lords , in such cases , as well as in others ; yet is it not so originally in them , as to be wholly theirs , and onely as they shall order it . for the commons of england have a right in the course and order of jurisdiction , which ( as the known law ) is part of their liberty ; and in the speedy execution of justice , as well as they have right to have justice done . and therefore , whereas in cases of errour , and delays , the appeal was from the inferiour court to the parliament ; which immediately determined the matter , and now the trouble grew too great by the increase of pleas : for remedy hereof , a kind of committee is made , of one bishop , two earls , two barons , who by the advice of the chancellor , treasurer , and the judges , shall make good judgement in all cases of complaint of delay in judgement : which committee is not made by order of the lords alone , which they might have done , in case jurisdiction had been wholly and onely shut up in their custody ; but by act of parliament , and joynt concurrence of the commons with the lords . for as the commons challenge speedy execution of justice , as one of their liberties : so also to be under the jurisdiction of such judges , and courts , as the laws ( in the making whereof , themselves challenge a vote ) do establish and appoint . i will conclude this chapter with the constitution of the parliament in these times . for , the difficulties that befel between the kings and their people , or houses of parliament , wrought two sad effects , viz. a propensity to decline calling of parliaments so often as was used and expected ; and when it assembled , as great a propensity in the members to decline their attendance : by means whereof , as the historian tells us , the parliament was sometimes enforced to adjourn it self for want of number sufficient . the first of these arose from want of good will in the kings ; the other , from want of courage and zeal in the people . the first of these was fatal and destructive to good government : for though in distempered parliaments it is good to withdraw , yet in distempered times it is necessary to meet , and gain a right understanding of all parties ; and therefore these times were so happy as to bind themselves by publick acts of state to re-continue the assembling of parliaments . for the face of the times represented unto all , that agitations were like to be quick , violent , and to continue for some succession of time . it is therefore safe , if not necessary , that every eye should be open , and councils ready for every occasion . a law at length is agreed upon , that a parliament shall be holden once every year , or more , if need be but in thirty years the power of this law is wasted out of mind , and the evil reviving , revives also the statute ; and yet they had thirteen or fourteen parliaments in thirty years space , and not above three , or but once four years distance of time between any two of them in succession . this was the sence of the members of the houses in their meeting ; but at home , they had homely conceits ; and it is found no less difficult to bring them to the meeting , than to continue the meeting according to the law ; being either loath to adventure their thoughts into the troublesome affairs of the publick , or their persons to expence and hazard . but the publick must be served ; and therefore an act of parliament is made , that all such members as decline their appearance at the parliament , after summons made , shall be amerced , and the sheriffs likewise that shall neglect return of summons . and the statute implyeth that it was no introduction of a new law , but a reviving of former law now or lately disused , or a custom now out of custom . and to take away all objection in point of charges and expences , another law was made to establish the assessments , and levying of their wages , upon the lands that anciently were chargeable therewith , in whose hands soever the same shall come . i shall conclude with this , that the parliament , though , like a garment , it sometimes covers the goodly feature and proportion of a well-composed body , yet it keeps the same warm , and as a shield is first in all dangers , and meets with many a knock which the body feels not ; this is their work and reward . it is true , that in the wearing it is felt heavy ; but it is the easier born , if it be duly considered , that it is better to be so cloathed , than to be naked . chap. iii. of the privy-council , and condition of the lords . the latter must make way for the former ; for according to their personal esteem in their own countries , such is their authority at the board in joynt councils . and it was one point of happiness in a sad time of war , that all men looked one way . the lords were much addicted to the field , and could do much with edward the third , who was a brave leader ; and more with the people , who had been so long time used to the rough trade of souldiery , that they loved not to be at home about matters of husbandry , wherein they had so little experience . and having so fair a garland in their eye as france , it is no wonder if domestick designs seemed meaner , or more dangerous . thus did god do england a good turn , although it was made for the present thereby , neither so rich or populous as it might have been in a time of peace . this french heat wasted many a tumultuous spirit , and ennobled the fame of the king and lords ; not onely abroad , but won them much honour and repute of those that remained at home ; and so by congregating homogeneals , and severing heterogeneals , rendred the body of the people more univocal ; which tended much to the setling of the joynts of this distracted nation . a timely birth hereof , doubtless , was the peaceable entry of richard the second upon the throne , and quiet sitting there ; whilst as yet he was but a child , the princes of the bloud many ; and they of generous , active , and daring spirits : yet do we not meet with a whisper in story of any turbulent or aspiring humour in them or the people , during those tenderer times of that king's reign . but after that he came to know more in himself than was to be found ; and to outreach his abilities , having some of the lords ready at his elbow to help him , these changed the king's course , although the general part of that noble band kept still their array ; and retaining the body of the people in due composure , thereby declared themselves to be the king's friends , though the others were richard's favourites ; so as he was fain to stoop to occasion , and submit to be a king , that would have otherwise been more or less . and thus the lords were become supporters to the crown , studds to the throne , and a reserve to the people , against the violent motions of an unbridled mind in their king ; who seeing them so united , and endeavouring to break them into parties to obtain his desire , lost both it and himself . it is a degree of cleanly modesty , to impute the miscarriages of unruly kings , to their council . for however during their minority , counsellors are more rightly officers of state ; yet when kings will be their own men , their counsellors are no other than the breath of the king 's own breast ; and by which a king may be more truly discerned , than any man by his bosom-friends . edward the third was a man of a publick spirit , and had a council suitable to his aim . richard the second , a man that desired what him pleased , would have what he desired ; and a council he had that served him in all . for god answers the desires of mens hearts in judgement as well as in mercy ; and a sore judgement it is both to king and people , when the corrupt desires of the king are backed by a flattering council . it must be granted , that the privy council of kings hath been an old ginn of state , that at a sudden lift could do much to the furthering of the present estate of publick affairs . nevertheless , through the riot of kings , their designes generally tended to make more work for the parliament , than to dispatch ; to do much , rather than well ; like works for sale , rather than for master-piece ; and sometimes to undermine , yea , to out-face the parliament it self , like some unruly servants that will put away their own masters . nor can it otherwise be expected , unless the king 's elected ones be turned into the parliaments committee ; or that constant annual inquisition by parliament be made into their actions : for occasional inquiries breed ill blood , though no attainder be ; nor are they easily undertaken , whereas constancy in such cases makes the worst to be resolved but into a matter of common course . the natural and original power of the privy-council is very obscure , because there are several degrees of them that occasionally have been used , all of whom may deserve the name of privy-council , in regard of the parliament , which is the most publick council of all the rest , and always hath a general interest in all causes in the kingdom . the first of these , is that which was called the grand council of the king , which , as i think , was not the house of lords , who are called by summons , and were onely to attend during the parliament ; but a body made up of them , and other wise men of his own retinue : and of this , it seems , there was a constant body framed , that were sworn to that service ; for some in these times were sworn both of the grand council and the privy-council , and so entred upon record . the second of these councils was also a great council , and probably greater than the other ; but this was called onely upon occasion , and consisted of all sorts , like a parliament , yet was none . an example whereof we have in the ordinances concerning the staple , which at the first were made by the king , prelates , dukes , earls , lords , and great men of the kingdom , one out of every county , city , and burrough , called together , for that end ; their results were but as in point of trial for six moneths space , and then were turned into statute-law by the parliament . these two are magna concilia , yet without power , further than as for advice ; because they had no ancient foundation , nor constant continuance . another council remaineth more private than the other , of more continual use , though not so legally founded ; and this is called the king's privy-council , not taking up a whole house , but onely a chamber , or a table ; signifying rather communication of advice , than power of judicature , which more properly is in banco . and yet the power of this grew as virile and royal , as it would acknowledge no peer but the parliament , and usurped the representative of it , as that had been of the whole kingdom . the ambition thereof hath ever been great , and in this most notoriously evident , that as it had swallowed up the grand council of lords , it seldom can endure the mention of a parliament , but when kings or affairs are too rugged for their own touch . the platform of their power you may behold in this their oath . . that well and lawfully they shall counsel the king according to their best care and power , and keep well and lawfully his counsels . . that none of them shall accuse each other of any thing which he had spoken in council . . and that their lawful power , aid , and counsel , they shall with their utmost diligence apply to the king 's rights . . and the crown to guard , and maintain , save , and to keep off from it , where they can without doing wrong . . and where they shall know of the things belonging to the crown , or the rights of the king , to be concealed , intruded upon , or substracted , they shall reveal the same to the king. . and they shall enlarge the crown , so far as lawfully they may , and shall not accounsel the king in decreasing the rights of the crown , so far as they lawfully may . . and they shall let for no man ( neither for love nor hate , nor for peace nor strife ) to do their utmost ( as far as they can , or do understand ) unto every man , in every estate , right , and reason and in judgement ; and doing right shall spare none , neither for riches nor poverty . . and shall take of no man without the king's leave , unless meat or drink in their journey . . and if they be bound by oath formerly taken , so as they cannot perform this without breaking that , they shall inform the king , and hereafter shall take no such oaths without the king's consent first had . all which in a shorter sum , sounds in effect , that they must be faithful counsellors to the king's person , and also to his crown ; not to decrease the true rights , but to enlarge them ; yet all must be done lawfully . and secondly , that they shall do right in judgement , to take no fees , nor any other oath in prejudice of this . the first of these concern the publick onely at a distance : and yet the point of encreasing and diminishing of the crown in the sixth section is captious , and may sound as if there is a legal enlarging of the crown , whereof he that takes the oath is to judge . a matter which onely and properly concerns the parliament to order and determine , or else farewel all liberty of the people of england . the second concerneth immediately the king in his politick capacity , but trencheth upon all laws of the kingdom , in the executive power ; and all the motions in the whole kingdom , either of peace or war , following in the rear , either immediately , or mediately , are under this notion interested into the transaction of the privy-council , to debate and determine the king's judgement therein , unless it will determine alone . and how easie a thing it is for such as have power of determining the action by the law , to slip into the determining of a law upon the action , and so to rule by proclamation , experience taught succeeding times sufficiently . nevertheless , in these times parliaments were every moment upon the wing , and kept this noble band in awe , by taking them into their cognizance , placing and displacing some or all of them , directing and binding them by oath , as they saw occasion ; of which the records are full and plentiful . i say , these times thus constituted , added yet further encouragement to them , by giving them powers by statute-law , over and beyond what by ancient custom they had obtained . the king , and council of lords , had anciently a power of jurisdiction , that hath been in the first part of this discourse already observed ; yet it is very probable , that it was not any select company of lords , but the whole association . for it is granted by all , that they had originally a principal hand in the jurisdiction ; and it is hard to conceive how any private number should catch such a power , if not by usurpation . but the manner of acquiring is less materal ; the principal consideration resteth upon the quality of this jurisdiction . for it is evident that much difference hath been , both concerning the place and manner of exercising this authority . in general , it must be granted , that all pleas coram rege , were grounded upon writs first purchased , and returnable either in banco , or in camera , or in cancellaria . and no difference at all will be concerning the jurisdiction in banco ; for that was by the course of the common-law , and the people held it one of their liberties to have one known course of law , for determining matters of right and wrong . as touching these pleas , which were holden by writs returnable in camera , they were properly said to be coram rege & concilio , whose meeting was in the council-chamber , in those days called the star-chamber . for other returns of writs in the star-chamber do not we find , but such as were in camera ; nor prohibitions from thence , but under the notion of the king's council ; and this camera , as i said , was the place of the joynt meeting of the council , as well of those of the chancery and benches , as of those that attended upon matters of state. now the influence of society in point of judicature , principally aspected upon some pleas belonging to the crown : although even these also properly were determinable in the king bench. nor can i observe any rule to bound the powers of these two judicatories , but this , that the council-table would pick and chuse , and prohibit the kings bench as they pleased ; and to that end would order originals out of the chancery , as they thought most meet . for it is observed by fleta , that the kings-bench hath no jurisdiction of it self , but by special warrant ; that is to say , by original writs returned thither . nevertheless , it may seem that such crimes as are contrary to common honesty , or the publick profit or peace , in a more exemplary way than ordinary , and therefore may be called crimina laesi regni , or against the state ; these , i say , might more properly belong to the sublime judicature of the council-table ; as knowing better how far the publick state was interested , or endamaged in such cases , than the other judges that were experienced onely in ordinary matters of a more private concernment . to recite the particular cases upon record , concerning racing of records , forgeries , and other crimes of falshood , conspiracies , combinations , to abate and level the prices of commodities , riots , and such-like , will be supersluous . in all which , and others of that cognizance , the sentence exceeded not fine and imprisonment , or ransom . neither yet were the common pleas so rural , but the council table could relish them also , and digest them well enough ; and therefore did not stick to prohibit the courts of common-law , under colour of a strange maxime ; that it is neither just nor honest for a man to be sued at the common-law , for a matter depending before the king and his council : no , though the court of common-law had the precedency . and therefore , although the right of tythes being depending at the common-law , the archbishop in opposition to the jurisdiction , sueth before the kings council ; and the proceedings at the law are thereby stayed . and no wonder ; for the council-table challenged to hold the ballance of all courts of law within their own order : and so if any doubt concerning the jurisdiction depended , the council-table gave the word , and all stooped thereto . but enough of the subject-matter ; the manner follows : a new form of process is taken up , that the common-law and ancient custom never knew ; and which grew so noisom to the people , that complaints are made thereof as of common grievance , and remedies are thereto applied by the laws of these times . for whereas by the grand charter nothing could be done in judgement , but according to the laws of the land ; and in affirmance thereof , a law was made in these times , that no accusation , nor attachment , nor forejudging of life or member , nor seisure of lands , tenements , goods or chattels , should be against the form of the grand charter , and law of the land : this course of affairs grew so stale , that amongst other innovations , a trick of a new kind of trial is brought forth , by suggestions upon articles exhibited against any man before the council-table ; and thereupon issued forth attachments against the party complained of ; by means whereof , and other courses , ( for they could also sequester ) much vexation arose unto the people . hereunto , upon complaints multiplied , a remedial law is made ; whereby it is enacted , that all such suggestions made , shall be carried to the chancellor , treasurer , and the king 's grand council ; and the informer shall find surety to prosecute with effect ; and to incur the like penalty intended for the defendant , if the plaintiff's proofs be not compleat : and then the process of law shall issue forth , and the defendant shall not be taken against the form of the great charter ; that is , he shall not be taken until first the fault appear upon record , by presentment , or by due process , or by original writ , according to the ancient law of the kingdom . either therefore the privy-council had no power to hold any pleas at all , or else no power of trial. the first of these was concluded in open parliament ; and the second as good as so : for if the first , then the second will come on undeniably . but suppose all this be given up , yet was this liberty to hold pleas so qualified , that the person could not be touched , till the thing did appear by inquisition , and then in a legal way . such proceeding was had upon suggestion made against the city of london , in henry the third's time : for one of the judges was first sent into the city to find the suggestion by a jury ; and then the lord mayor appeared before the lords , and traversed the matter , and in a manner appealed , or rather demanded to be tried according to the custom of the city . and the like course do we find observed in our law-reports of these times , in a case concerning the price of wool , by a false report . the foot of the whole account will be this ; that the work of judicature of the privy-council in these times in cases of crimes , was to receive articles , and award inquisitions ; and after return in nature of a grand inquest , to recover , traverse , and to order trial at the common-law ; and upon verdict returned , to fine and ransom . in other cases either of right or equity in matters of private property , they were determined either by judges of the bench , or chancery , although possibly the suit was coram concilio , for that all the said judges were of the king's council . and yet , as i dare not affirm , so i cannot deny , but it might also be possible that some matters , especially these of a greater consequence , either in their own nature , or in regard of the persons whom they concerned , were determined by the major vote of the whole council , in a prudential , or rather arbitrary way . but this was , invita minerva , and used so rarely , as the path is grown out of view ; saving some few footsteps here and there remaining , which shew that the grand council of lords had been there . chap. iv. of the chancery . it is the birth of the king's power in judicature , and may deserve the name of the first-born . for though it had no better title in these later times than officium , because amongst other of the king's escripts , it formed writs remedial , for such as had received wrong ; yet even by that work , it was in repute for so much skill in the law of the land , that by the consent of all , it was as well able to advise a remedy , as to advise the complainants where to have it . and yet it had one advantage further , that it was an office of remembrance to the king , ( who is a person of great trust in the law , and gave such credit to all acts done before him ) as being entred into the remembrance , became of the highest nature of record , against which no plea did lie . amongst these , matters of debt and contract coming into the account , this office taking notice of the record , took cognizance of the thing , and for the executing thereof : and thus in these , and such-like cases , granted judicial writs , and so found out a way of judicature , to as many causes as the state would trust it with . and because it pretended cognizance onely of matters of record before them , they found out a way of examining of witnesses by commission , and returning their depositions in writing ; which being become a record before them , they gave their sentence upon the whole matter , without the ancient ordinary trial per pares . it becomes a kind of peculiar , exempting it self from the ordinary course in manner of trial , and from the ordinary rules of law , in giving of sentence ; and as a back-door for the king 's arbitry , in case of judicature in matters of common-pleas ; as the council-table was in crown-pleas . they both are looked upon with a very pleasing eye of majesty , which loves not to be strait-laced ; yet all is embattelled under the colours of equity , honour , conveniency , and conscience ; like a monopoly , that is bred under the wings of the publick , but feeds it self upon it . that this had attained the title of a court so anciently as in king steven's time ( as the honourable reporter noteth ) i much question , by the title that fleta gives it in later times ; nor , under his favour , will that testimony cited out of the history of ely warrant it , but upon a mistaken ground of misplacing the note of distinction . for i take the words to be thus translated : king etheldred determined and granted , that the church of fly should for ever in the king's court hold the dignity of the chancery , and not hold the dignity of the king's court of chancery . nevertheless , it is clear that these times brought it to that condition , that it might well carry that name , if formerly it had not : for it grew very fast both in honour and power ; and this not by usurpation , ( though it did exceed ) but by express donation from the parliament . yet is this power much darkned in the limits and extent thereof , chiefly in regard that the chancellor is betrusted with many things , whereof there is no evidence for the chancery to claim any cognizance . for he was in these times a person of many interests and relations , being one of the quorum in the star-chamber , of the king's council , chief in the chancery , most commonly a clergy-man , and therewith legate à latere ; and in these several relations might act directly , and yet in several courts . and therefore , though he had power with others , to punish neglects of execution of the statutes of wines , by act of parliament ; and also of the statute concernign victual , and to determine matters of controversie between parties in cases depending before the parliament , and in some matters that concern the king's revenue ; yet cannot these be said to be the proper work belonging to the cognizance of the chancery , but to the chancellor by special commission in another relation . albeit , i cannot deny but the court it self had cognizance in matters of as strange a nature , viz. to punish disturbances of merchants in their trade , to see to the executing of the statutes of purveyors , and to remedy grievances contrary to other statutes : which general words let in a wild liberty to that court to intermeddle in laws which were never intended for their touch ; to punish nusances according to discretion , to give remedy to merchants upon the statute of staple ; so that it is clear enough the parliament intended it should be a court , and gave their seal to their power of judicature . nor , as it seemeth , was this any regret to the courts of common-law , but as a thing taken for granted . for the reports tell us , that if the king grants tythes , arising from without the bounds of any parish , the patentee shall sue in the chancery by scire facias , and shall there proceed to issue or demurrer ; and then to the common-law ; where upon trial , if the defendant make default , the plaintiff shall have judgement and execution . and if the heir be in ward to the king , the mother shall sue and recover her dower in the chancery . and they tell us , that it had power to prohibit spiritual courts , and courts of common-law , yea , to over-rule or reverse judgements : and yet the common-law held it's ground when it was concerned : for neither were all suits there by bill , as in cases of equity , nor determined according to such rules ; nor did the power of judicature rest in the breast of one chancellor , but in him joyntly with other council of the king , which were also learned judges of the law. for the report informeth that edward the second had granted a rent in tail to the earl of kent , who dying , his son under age , and ward to the king , edward the third seised , amongst other lands , the rent , and granted it to sir john molins : upon petition , the king refers the matter to the arch-bishop , and others of the council , calling to them the chancellor . a scire facias goes forth to sir john molins ; he upon appearance pleaded to the jurisdiction , as a case belonging to the common-law ; but it would not be allowed , because it was to repeal the king's charter . and whereas it was objected , that the reference was to the archbishop and others , and therefore the cause ought not to be determined in the chancery ; it was resolved that it did properly belong to the chancery , by the law : and in the argument of the case , it appears clearly that the king's council there , were learned in the law. and the same is yet more evident by the title of bills in those days exhibited in the chancery , which was directed to the chancellor , and the king's council , and the rule given per tout les justices . which i rather note , for the shortness of the form of bills in those days , far different from these times , wherein the substance of the complaint , however small in it self , is oftentimes blown out into so great a bubble , that it breaks to nothing : and the statutes formerly mentioned do assert the same thing , as touching the king's council . for though they speak of the council or chancery in the english tongue , yet in the original the words are , conceil en chancery . having thus touched upon the matters under the judicatory of the chancery , and judges in the same : in the next place , the manner of proceedings comes to consideration . for it seems they had been formerly very irregular ; and that contrary to the grand charter , upon a bare suggestion in the chancery , the party complained of was imprisoned , and no proceedings made thereupon . for remedy whereof , it was ordained , that upon suggestions so made , the complainant was to find sureties to pursue the suggestions ; and that the process of law should issue forth against the party without imprisoning him ; and that if the suggestions were not proved true , the complainant should incur the like penalty that the defendant should have done , in case he had been found guilty . but afterwards this later clause was altered by another statute , because it was full of uncertainty ; and it was ordained , that in such case the complainant shall be imprisoned , until he shall satisfie the defendant of his damages : and furthermore , shall make fine and ransom to the king. but because that the defendant many times held his advantage , even to extremity , this course lasted not long ; but a new law was made , which put the power of awarding damages in such cases into the chancellour , to do according to his discretion . and thus the chancery obtained power to award damages , which they never had formely ; and the chancellour a precedency both in the chancery , and of the council in the court of star-chamber , and in many cases in the exchequer . by the first he had a power in matters of meum and tuum ; by the last , in matters mei and regis ; and by the other , in matters mei and regni . a considerable man certainly he was in the motions of government ; but how much more , if he be made arch-bishop of canterbury , cardinal , and legate à latere ; or arch-bishop , lord treasurer , and legate à latere ; as these days had divers times seen ? extraordinary advancements bestowed upon the nobility , brings honour to the throne ; but if they be not men of noted worth and uprightness , they make the scepter stoop , by stirring up envy in the nobility , and indignation from the people . for seldom is it seen , that advancements are fed from the crown , though they be bred from thence ; but either maintained by new supplies from the peoples purses , or the ruine or decay of some officers more ancient than themselves , or both . and such was the condition of the chancellour ; he sucked fat from beneath , and bloud and spirits from the grand chief justiciar of england , and so reduced that honourable potentate unto the degree of chief justice of the king's bench , leaving scarcely unto him the name or title of lord. one thing more remaineth , touching the election or nomination of this great man. at the first , he was no better than a register , or the king's remembrancer , or secretary , having also the honour to advise the king in such matters as came within the circuit of the writings in his custody ; and questionless , eo usque , it is suitable to all the reason in the world , that he should be of the king 's sole nomination and election . but when it befals , that instead of advising the king , his word is taken to be the rule , and a judicatory power put upon that ; and unto this is superadded that honourable trust of keeping and governing the great seal of the kingdom , with the continual growing power occasionally conferred upon him by the parliament : he is now become no more the king's remembrancer , but the lord chancellor of england , and supream officer of state. and it seems but reasonable that he should hold his place by publick election , as well as the grand justiciar ( whose plumes he borrowed ) and other grand officers of state did before him . for he that will have his servant to work for another , must give the other that honour of electing him thereto ; nor was this laid aside nor forgotten by these times , but a claim was put in for the election or allowance of this principal officer amongst others ; the parliament obtaining a judgement in the case by the king's confession ; and so the thing is left to the judgement of future ages , viz. whether a king that can do no man wrong , can dissemble the royal assent in parliament ; or declare himself legally in that manner by proclamation ? chap. v. of admirals courts . this is a third court that maintained the king's judicatory power , in a different way from that which is commonly called the common-law ; and by many is therefore supposed to advance the king's prerogative , but upon mistaken grounds . it is very true , that the way is different from the common road , both in it's original , and in the course of proceedings ; nor could it otherwise be , considering the condition of the nations , and the people of the same , interested in common traffique . the people thus interested , as much differed from the other sort of dry men ( if they may be so called ) as sea from land , and are in nature but as march-men of several nations , that must concentre in some third way for the maintenance of commerce for peace-sake , and to the end that no nation may be under any other law than its own . the condition of the nations in the times when civilized government began to settle amongst them , was to be under the roman emperours , who having setled one law in the general grounds throughout all nations , made the sea likewise to serve under one rule , which should float up and down with it , that men might know upon what terms they held their own , wheresoever they went ; and upon what terms to part with it for their best advantage . in its original therefore , this law may be called imperial , and likewise in the process , because it was directed in one way of trial , and by one law , which had its first birth from the imperial power ; and probably it had not been for the common benefit of europe to have been otherwise , at other time , or by other directories formed . nevertheless , this became no gem of prerogative to the english crown ; for if england did comply with forrein natives for its own benefit ( it being an island full of the sea , and in the common road from the most parts of europe that border upon the sea , and of delight in merchandise ) it is but suitable to its self : and it did so comply , as it saved the main stake , by voluntary entertaining those laws without being imposed upon by imperial power . for the saxons came into this kingdom a free people , and so ( for ought yet appeareth to me ) continueth to this day : i say , that in those first times , they did take into the consideration of parliament the regulating of the fluctuating motions of sea-laws : nor were they then , or after , properly imposed by the king's edict . for though it were granted , that richard the first reduced the sea-laws in the isle of oleron , yet that the same should be done without advice of parliament in his return from the holy land , is to me a riddle , considering what histories do hold forth concerning his return through germany ; nor can that be good evidence to entitle kings of england to a power to make and alter laws according to their private pleasure and interest . nor doth that record mentioned in the institutes , warrant any such matter , but rather on the contrary groundeth the complaint upon laws , statutes , franchises , and customs , established ; and that this establishment was by the king and the council . this law was of a double nature , according to the law of the land ; one part concerning the pleas of the crown , and the other between party and party ; for properly the king's authority in the admiralty is but an authority of judicature , according to laws established , which both for process and sentence are different from the common-law , as much as the two elements do differ , yet not different in the power that made them . i shall leave the particulars to be enquired into , by them that shall mind it elsewhere , and only touch so much as shall reflect upon the main government . this power was executed by deputies diversly , according as the times and opportunities were , for war or peace , and either transitu or portu . what was done in time of war , or whilst the ship is out of the english seas , comes not to our purpose ; and therefore i shall not meddle with that , further than this , that in the first times kings were wont to divide the work of judicature and of war into several hands . the power of war and peace they committed unto men of approved courage and skill in that service ; and therefore generally , not to the men of highest rank , who had neither mind nor skill for a work of such labour , dyet and danger . this power passed under divers names ; sometimes by grant of the custody of the sea-coasts , sometimes of the parts and sea coasts , sometimes by being made captain of the sea-men and mariners , and sometimes admiral of the ships . it was a great power , and had been much greater , but that it suffered a double diminution ; the one in the time , for three or four years commonly made an end of the command of one man , and at the best it was , quam diu regi placuerit : the other diminution was in circuit of the power , for all the maritine coasts were not ordinarily under the power of one man , but of many ; each having his proper precinct upon the south or north , east or western shores ; and under the title of admiral in the times of edward the first , and forwards , who brought that title from the holy land. nevertheless , about the end of the times whereof we now treat , the custody of the whole sea began to settle in one hand , under the title of admiral of the english seas ; and the place was conferred upon men of the greatest rank , and so continued ever afterward . the power of jurisdiction or judicature all this while remained distinct , and it seems was setled in part in the power of the sheriff and justices . for by the law the sheriff and justices had cognizance of matters between the high water and the low water mark ; and what was done super altum mare , was within the directory of the admiral ; these were but few things , and of small consideration : the principal of them being concerning war or peace , and those only within the english seas . but after edward the third had beaten both the french and spaniards at sea , the people grew much more towards the sea , and became so famous , that the greatest lords thought the regiment of sea-affairs worthy of the best of their rank , and were pleased with the title of admiral , whilst they left the work to others ; and so the admiral became a person of more honour and less work than he had been formerly . the greatness of the honour of this place thus growing , soon also began to contract greatness of power beyond what it had formerly ; and this was principally in matter of jurisdiction . for not contented with the power of a chief justice of war and peace within the seas , which was his proper dominion , the lord admiral gained the same within the low water mark , and in the main streams below the next bridge to the sea , and in all places where ridels were set ; and yet these places were within the body of the county . nor did he endeavour less to gain in matters of distributive justice : for although he had a legal jurisdiction in things done upon the sea , so far as to defend , order , determine , and cause restitution to be made , in cases of damage done unjustly ; yet was it no less difficult to keep this power within its own bounds , than the watry element upon which it sloated ; but it made continual waves upon the franchise of the land ; and for this cause , no sooner had these great men savoured of the honour and authority of that dignity , but comes a statute to restrain their authority in the cognizance of cases , only unto such matters as are done upon the main sea , as formerly was wont to be . and within two years after , that act of parliament is backed by another act to the same purpose , in more full expressions , saving that for man-slaughter , the admirals power extended even to the high water-mark , and into the main streams . and this leadeth on the next consideration , viz. what is the subject matter of this jurisdiction and authority . i shall not enter into the depth of particulars , but shall reduce all to the two heads of peace and justice . the lord admiral is , as i formerly said , a justice of peace at sea , maintaining the peace by power , and restoring the peace by setting an order unto matters of difference , as well between foraigners , as between the english and foraigners ; as may appear by that plea in the fourth institutes formerly mentioned . secondly , that point of justice principally concerneth matters of contract , and complaints for breach of contract ; of these the admiral is the judge , to determine according to law and custom . now as subservient unto both these , he hath authority of command over sea-men , and ships that belong to the state , and over all sea-men and ships in order to the service of the state , to arrest and order them for the great voyages of the king and realm , and during the said voyage ; but this he cannot do without express order , because the determining of a voyage royal , is not wholly in his power . lastly , the lord admiral hath power , not only over the sea-men serving in the ships of state , but over all other sea-men , to arrest them for the service of the state ; and if any of them run away without leave from the admiral , or power deputed from him , he hath power by enquiry to make a record thereof , and certifie the same to the sheriffs , mayors , bailiffs , &c. who shall cause them to be apprehended and imprisoned . by all which , and divers other laws , not only the power of the admiral is declared , but the original from whence it is derived , namely from the legislative power of the parliament , and not from the single person of the king , or any other council whatsoever . but enough hath been already said of these courts of state , in their particular precincts . one general interest befalls them all : that as they are led by a law much different from the courts of common-law , so are they thereby the more endeared to kings , as being subservient to their prerogative , no less than the common-law is to the peoples liberty . in which condition being looked upon as corrivals , this principal maxime of government will thence arise , that the bounds of these several laws are so to be regarded , that not the least gap of intrenchment be laid open each to other ; lest the fence once broken , prerogative or liberty should become boundless , and bring in confusion instead of law. chap. vi. of the church-mens interest . but the church-mens interest was yet more tart , standing in need of no less allay , than that of the king's authority , for that the king is no less concerned therein , than the people ; and the rather , because it was now grown to that pitch , that it is become the darling of kings ; and continually henceforth courted by them ; either to gain them from the papal jurisdiction , to be more engaged to the crown ; or by their means to gain the papal jurisdiction to be more favourable and complying with the prerogative royal. the former times were tumultuous , and the pope is gained to joyn with the crown to keep the people under ; though by that means , what the crown saved to it self from the people , it lost to rome . henceforth the course of affairs grew more civil , or ( if you will ) graced with a blush of religion : and it was the policy of these times whereof we now treat , to carry a benign aspect to the pope , so far only as to slave him off from being an enemy , whilst kings drove on a new design to ingratiate and engage the church men of their own nation unto it's own crown . this they did by distinguishing the office or dignity of episcopacy , into the ministerial and honourable parts ; the later they called prelacy , and was superadded for encouragement of the former , and to make their work more acceptaple to men for their hospitalities sake ; for the maintenance whereof , they had large endowments and advancements . and then they reduced them to a right understanding of their original , which , they say , is neither jus divinum , nor romanum , but that their lordships , power , and great possessions , were given them by the kings , and others of this realm . and that by vertue thereof , the patronage and custody of the possessions in the vacancy ought to belong to the kings , and other the founders ; and that unto them the right of election into such advancements doth belong , & not unto the pope ; nor could he gain other title unto such power , but by usurpation , and encroachment upon the right of others . but these great men were not to be won by syllogisms ; ordinarily they are begotten between ambition and covetousness , nourished by riches and honour ; and like the needle in the compass , turn ever after that way . edward the third therefore labours to win these men , heaped honour and priviledges upon them , that they might see the gleanings of the crown of england , to be better than the vintage of the tripple crown . doubtless , he was a prince that knew how to set a full value upon church men , especially such as were devout ; and it may be , did somewhat outreach in that course : for though he saw god in outward events , more than any of his predecessors ; and disclaiming all humane merits , reflected much upon god's mercy , even in smaller blessings : yet we find his letters reflect very much upon the prayers of his clergy ; he loved to have their persons nigh unto him , put them into places of greatest trust , for honour and power , in judicature ; and not altogether without cause ; he had thereby purchased unto his kingdom the name and repute of being a kingdom of priests . but all this is but personal , and may give some liking to the present incumbents , but not to the expectants : and therefore the royal favour extended so far in these times , as to bring on the parliament to give countenance to the courts and judiciary power of the ordinaries , by the positive law of the kingdom , although formerly the canons had already long since made way thereto by practice . i shall hereof note these few particulars ensuing . ordinaries shall not be questioned in the king's court for commutation , testamentary matters , or matrimonial causes , nor other things touching jurisdiction of holy-church . things formerly bred by the canon , nourished by continual practice , allowed by ordinance of parliament , or grant from kings in parliament , are now confirmed by solemn concurrence of the whole representative body of the kingdom , to have and to hold with warranty . and yet the sence is not so general as the words , nor doth it seem much other , than a confection made for the arch-bishops appetite , to cure a distemper between him and the king : for the civil judge lost nothing hereby , nor would the crown , as may appear by a law of equal authority with the former ; for though an executor or administrator may cheat , yet it tells us , that ordinaries only can oppress , and extort from dead men ; and therefore in such cases doth provide remedy by enquiry , and indictment before the king's justices . they shall have cognizance of vsury during the delinquent's life , and the king after the delinquent's death . the difference ariseth from the different end ; the first being to reform the person by church-censures , and to urge him to restitution ; the latter is for the king 's fine or forfeiture . for as touching the usurer's estate , the offence was in the nature of felony , forfeiting both lands and goods to the king , after the delinquent's death : and it seemeth the manner was to indict the delinquent during his life ; and that stuck to him as a deadly arrow in his side , till he died . nor did it lie in the power of the ordinary , by ecclesiastical censure , so to reform the of●ender , as to clear him to the king , unless the party offending made his peace with the king by composition . and thus the law continued , for ought appeareth to me , till the time of henry the eighth . they shall have cognizance of avoidance of benefices of right : they shall certifie bigamy ; and bastardy had beyond the sea ; and whether a prior be perpetual , or dative . the first of these concerning avoidance of churches , it seemeth was somewhat doubtful in point of practice , for that the civil judge used to determine all manner of avoidances , as well in fact , as of right ; but by this statute they are restrained only unto avoidances in fact , so as after this statute it is holden , that avoidances by death shall be tryed by the countrey ; but if the avoidance be by deprivation , resignation , creation , or otherwise , it shall be tryed by the ordinary : because by common intendment he is more conusant of the thing , than countrey-people . but as touching the point of bigamy , the matter is more doubtful , in regard that commonly the marriage of a second wife , or widow , is a matter in fact , done in the face of the people ; and of which they take notice , especially where the life of man is concerned , which rather requireth the judgment of his peers , than where the outward maintenance only is engaged . nevertheless , because the main point is , whether the party be a clerk or not , and the same anciently rested upon the certificate of the ordinary : it is by this law again allowed to him to try and certifie this point of bigamy also , although the statute of bigamists might seem to entitle the civil magistrate thereto , as the law was holden to be before this statute was made . in the next place , although it cannot be denyed but the trial of bastardy beyond the sea might as well lie in the cognizance of the lay-magistrate , as in that of the ecclesiastical ; yet seeing the clergy had already attained the cognizance of the thing , the place proved but a matter of circumstance ; especially they having the advantage of the civil magistrate in this , in regard that the ecclesiastical persons beyond the sea , had also obtained the cognizance of that matter amongst themselves , their testimony or certificate would come with more credit to the clergy in this kingdom , than to the magistrate , whose cognizance in such cases they did disallow . lastly , concerning priories , whereas some were presentative , and filled by induction from the ordinary ; and others were donative , having their priors meerly at the will of the abbot , to be placed and displaced as he thought most expedient : if then the point in issue depends upon this knot , this law referreth the trial unto the ordinary , who by common presumption best knows whether any institution and induction had passed his registry and seal , or not . and thus , though a kind of judicial power seemeth to be carried along herewith , yet is all in a ministerial and subservient way unto the civil magistrate ; and nevertheless , with such credit and authority , that the main hinge of the judicatory , in such cases , depends upon the dash of their pen. no bishop , nor arch-bishop , shall be impeached before the civil magistrate , without the kings express warrant . the former particulars concerned matter of authority ; this and others ensuing , concern matter of immunity , which , or most of which were formerly for a long time within the fancy of the canon , but never came to the height of parliamentary approbation or authority till now , that it comes in as a peace-offering to pacifie the quarrel between the arch-bishop stratford and the king. for he being engaged in the french wars , so resolved to continue ; and therefore to maintain distempers at home , he held neither honourable nor safe . their temporalties shall not be wasted , during the vacancy : nor shall they be seized , but by judgment of the court. the first of these was an ancient law , grounded upon great reason ; although dulled by time , and by covetousness of the needy patrons , next to laid aside , if not quite put out of countenance . so as a new law must be made to revive it , and to abolish that corrupt custom or practice of depredating those possessions given to a holy use in common supposal , contrary to the trust by them undertaken , and the use still continuing . but the second branch is in nature of a law of restraint set upon the common-law : for the persons of these spiritualized men were of so airy a constitution , as they could not be holden by hands made out of the clay , such as the rude laity were ; and therefore the civil magistrate , upon all occasions used to lay hold upon that , whereof there was some feeling , which were called temporalities , and thereby drew them to appearance at the lay-courts ; for however spiritual the clergy were , they would not easily part with their lay-fees . but now by this law , the times are so attenuated , that the very temporalities are made so spiritual , as not to be medled with by the lay-magistrate , unless upon judgment first obtained against them . and suitably thereunto , within twelve years following , another law was made more punctual , that their temporalties should not be seized upon for contempts , but that their persons should be seized : yet within twenty years after that , this law begins to be out of countenance , and the opinions of the judges began to grow bold upon the ancient rule , that their temporalities were temporal , though their persons were spiritual ; and that it was more dangerous to imprison the person of a clergy-man , than to attach his possessions . and therefore they held , that if the ordinary remove not the incumbent when the king 's writ commands him so to do , his temporalties should be seized . and if the ordinary should certifie one to be a clerk which is none , the like course is to be taken . they shall depute the next and most lawful friends of the intestate to administer his goods . the statute at westminster the second , having given formerly a kind of allowance that the ordinary should be administrator to the intestate , so far as to answer the intestate's debts , lent him thereby an opportunity to possess himself of the whole , to all intents and purposes . which being observed by the parliament , by this law they made way for administration to fall through the hands of the ordinary into the lap of administrators made by the authority of the parliament ; but of the ordinaries nomination , according to the authority hereby to him given . these administrators thus made , had a greater power than ever the ordinary had , or could give . for though the ordinary by the statute at westminster was bound to pay the debts of the testator , yet could he never bring action , as the administrator to all intents by this law is enabled to do . and though it be true that the administrator is by this law ordered to account to the ordinary , yet doth not that entitle the ordinary to any interest in the personal estate ; but only gives him a bare authority to take the account , without any compulsory power by ecclesiastical censures to enforce him thereto . secondly , it is such an account as is no evidence in any court of record . and lastly , if upon the foot of the account , any arrere remained , or surplusage of estate ; the ordinary could neither recover , nor order the same ; because by the law anciently , the next friends had the sole interest therein : and being by this statute made administrators , the whole power of ordering the estate is vested in them . to conclude , this statute was made in favour , and for the ease of the ordinary , if they would please so to take it , for they could get no benefit by executing the administration in their own persons , if they intended to administer according to the law. the persons of the clergy are priviledged from arrests , during the holy actions of the officiating . this was plotted since anselm's time ; he and his successors endeavoured by constitution and canon , continually to mind the civil magistrate thereof , but could never nurse it up to the degree of a law till now ; they gained the advantages of the times , growing into a more tender apprehension of devotion than formerly . the penalty of transgressing this law is left in general , and therefore did the less scare ; but within three years after , it was confirmed with a certain penalty of fine and imprisonment , as to the king's suit ; and damages to the party offended : and the priviledge was enlarged , for , and during their continuance in the consecrated ground , in order to such services , and not upon fraud or collusion to avoid arrests . but by neither of these laws was the arrest ( although contrary to them ) made void , as touching the process . the goods of the clergy are discharged from purveyance , and their houses from quarter . the latter of these was an encroachment upon the greater clergy-men . for under the title of hospitality , which the prelates were obliged to by their great possessions and revenues conferred upon them to that end , kings used to quarter messengers to and from scotland ; the king's horses , dogs , and hawks , &c. but the point of purveyance was an ancient prerogative belonging to kings ; and by no custom were the goods of any man discharged therefrom , till it was by act of grace first confirmed by edward the first , and afterwards by grant of edward the second ; yet by reason of the rudeness of the times , did not those acts prevail to that settlement that was promised , till now edward the third renewed the law. nevertheless , could not this law of edward the third perfect that work , because it was but a bare command till richard the second made a remedial law , giving thereby the clergy that were wronged a right of action of trespass against the purveyors , and to recover treble damages ; whereas formerly they were liable only to a fine to the king , which many times was as soon pardoned as asked . these condescensions might have wedded the english clergy to the english crown , but that it was coy , and expected further gratuities . besides , they beheld their old step-dame rome now in its full splendor and power , and deeply interested in the sway of affairs in this kingdom : and above all the rest , the nigh affinity between the prelate and the pope was such , that they sucked one milk , breathed one air , and like the philosophers twins , lived in each other . the latter of these was not discerned by those dim-sighted times , and therefore they could do nothing towards the dissolution of that knot , but left it to future times , who found no other way than to cut it asunder . but edward the third and his successor espyed the first , felt the inconvenience thereof , and applyed themselves to such remedy as they found most ready at hand . all things that are subject to time , are also subject to change ; which comes commonly slower upon governments that are less ecclesiastical : for churches continue longer in a growing condition , than in their complete estate ; like a christian , that seldom endures long after his full ripeness . thus in england it is hitherto above a thousand years since the gospel came to the saxons , and well-nigh a thousand years since the pope set his foot amongst us ; ever approaching nigher the throne , and ascending thereunto ; but finding it full of a king that would not remove , he sits down in his lap ; a heavy burthen questionless he was , considering his claim of jurisdiction , his provisions , pensions , exemptions , impositions , and such like oppressions ; and therefore it is no wonder if the king feeling the incumbrance , gives a lift at the popes power , by stoping the current of money from england , rome-wards . to this end , the statute made at carlisle is revived , whereby the clergy are inhibited from conveying treasure beyond the seas : but the pope knew how to ride , and will not so easily forgo his saddle . the roman eagle had made many a fair flight in england , and had not yet fully gorged himself ; he grants ten thousand marks yearly out of taxes laid upon the church-livings in england unto two cardinals , neither of which did , nor by the canon could live in england ; the treasurership of york also to another cardinal , after that the king had conferred the same elsewhere . he proceeds also further to invade the undoubted rights of the crown , by making an election of the b. of norwich , and causing him to be invested rege renitente . the king spent eight years in the recovery of his right , and was deluded in the conclusion : he now sees it bootless to stand always upon his defence , and receives affron●s ; he resolves therefore to enter the lists , and maketh seizure of the deanery of york , which formerly by usurpation the pope had conferred upon a cardinal ; and of all church-livings given by the pope to aliens . then a law is made more sharp than those in the eighteenth year , wherein provisors of abbies and priories are made liable to a proemuniri , and provisors of other ecclesiastical livings and dignities ( whereby the presentation of the rightful patron is disturbed ) to be fined and imprisoned until the fine and damages to the party wronged be paid . and all such as draw men to plead out of england , in cases that belong to the cognizance of the kings court , and all obtainers of provisions in the court at rome , these were also subject to a proemuniri . for whilst these things were thus in action , the pope bestirred himself notably with citations , excommunications , interdictions , and such other birds of prey , not only against mean men , but judges , bishops , and the king's council ; as amongst others , the case of the bishop of ely , at the solicitation of some of some of inferiour regard , as i remember , a clerk or some such thing . yet as these bull-drivers or summoners to the romish court , were no late upstarts , so were not these times the first that took them to task : for before the statutes of proemuniri , we find provision was made against provisors , and that some statute did precede those in print , which punished a disturber of the king 's incumbent by a bull from rome , with perpetual imprisonment , or at the king's will. besides , the party wronged was allowed an action for his damages , qui tam pro domino rege quam pro seipso sequitur . and before that time also , bringers of bulls from rome were imprisoned ; although in all these cases aforesaid , the liberty of the persons , both of lords and prelates , was saved . and thus all the while king edward the third kept the field , he gave the pope cuff for cuff ; but retiring himself to take his ease , he waxing wanton , waxed weak , and more slowly pursued the vindication of his own right , and his subjects liberty . the laws are laid aside , and rome had further day given to plead , and in the mean time execution is staid : the double mind is double dyed , and advantage is soon espyed ; above sixty church-livings more are suddenly catched and given to the favourites at rome . the parliament rings herewith , yet the king delays the remedy ; and in this eddy of affairs edward the third dies , and richard the second takes up the place , who had wit enough to observe what concerned his own interest , and courage enough to pursue it : but neither wit nor courage to over-rule his lusts , which in the conclusion over-ruled all rule , and brought himself to destruction . he found the people at his entrance into the throne irritated with the pope's oppressions , and vexed at his grandfather's desidiousness ; his spirit is also stirred within him , and himself thereby pressed to tread in his grandfather's former ways , and to out-run him in his latter . he made the penalty of proemuniri to extend to all farmers , or others , in nature of bailiffs , that held any church maintenance to the use of any alien ; and unto all aliens that are purchasors of such provisions to any use ; and unto all lieges , that shall in like manner purchase such provisions . but as touching such as shall accept such provisions , he ordained banishment for their persons , and forfeiture of their estate . notwithstanding all this , the roman horse-leech would not so give over . the king grew into displeasure with his subjects , and they with him , and with one another ; they see the pope still on horseback , and fear that the english clergie , their own country-men , if not friends and abettors , yet are bu● faint and feigned enemies to the pope's cause . nor was it without cause that their fear was such : for as the pope had two hands to receive , so they had two hearts , making shew of forming blows at the pope , but then always at a distance , or when without the pope's guard ; and thus the laws begin to stammer , and cannot speak so plain english as they were wont . the people hereat offended , resolve to put the clergie into the van , and to try their mettle to the full . at the last parliament that richard the second did hold , both the lords temporal and spiritual are opposed one by one . the lords temporal ( like themselves ) resolve and enter their resolutions to defend the right of the crown in the cases of provisors ; although even amongst these great men , all were not equally resolute ; for sir william brian had purchased the pope's excommunication against some that had committed burglary , and he was committed to the tower for his labour . but the prelates answer was ambiguous , and with modifications , which was all one to cry ( as men use to say ) craven : yet was the statute made peremptory , according to what was formerly enacted . and though the prelates cautionary way of proceeding might be a principal reason why the pope's power held so long in england , in an usurping way ; yet kings also much conduced , thereto , by seeking too much their personal ease above the honour of their place ; and the pope's blessings , and opinion of his favour , more than their own good , or the peoples liberty : for there was no other balm for a distracted mind , than that which dropped from the pope's lips. in like manner , richard the second being already , at least in purpose , estranged from his people , sought to get friends at rome , to hold by the spiritual sword , what he was in danger to lose by laying aside the sword of justice , which is the surest tenure for kings to hold by . and though the popedom was now under a schism between two popes , clement and vrban , yet he was so far won for vrban , that he not onely engaged himself , and the parliament , to determine his election , and uphold the same ; but also , ex abundante , did by implication allow to him an indefinite power to grant provisions ; and so at once he lost the die , and gained a stake , that like a bubble looked fair , but soon vanished away . nevertheless , these two comrades , whilst they were togather , resolved to make the most of each other that they could ; and therefore though the popedom liked not the king , yet the pope had his love so far , as he could deny himself ; for he had already denied his kingdom . and ( if the articles exhibited against the king by henry the fourth be true ) the pope had his faith also : for ( that he might be rid of his reputed enemy , archbishop arundel ) he trusted the pope with that complement of making walden archbishop of canterbury in arundel's stead ; which the pope took so kindly , as he made it a precedent for provisors for the future . nor did the king stick in this one singular , but made it his custom in passing of laws ( especially such as the king was most devoted unto ) to put more confidence in the pope's amen , than in all the prayers of his commons , with his own soit fait to boot . the sum then will be , that the prize was now well begun concerning the pope's power in england . edward the third made a fair blow , and drew bloud : richard the second seconded him , but both retired . the former left the pope to lick himself whole ; the later gave him a salve , and yet it proved a gangrene in the conclusion . the second means used to bring down the power of the pope in this nation , was to abate the power or height of the english clergie . for though the times were not so clear as to espy the root of a pope in prelacy , yet experience had taught them that they were so nigh engaged that they would not part . and therefore , first , they let these men know that prelacy was no essential member to the government of the kingdom ; but as there was a government established before that rank was known , so there may be the like when it is gone : for edward the third being troubled with a quarrel between the two archbishops of canterbury and york , concerning superiority in bearing the cross , and the important affairs of scotland so urging , summoned a parliament at york , which was fain to be delayed and adjourned for want of appearance , and more effectual summons issued forth . but at the day of adjournment none of the clergy of the province of canterbury would be there ; and upon this occasion the parliament was not onely interrupted in their proceedings , but an ill precedent was made , for men to be bold with the king's summons , in such cases as liked not them ; and thereupon a statute was made to enforce obedience upon citizens and burgesses , and such ecclesiasticks as held per baroniam . nevertheless , when the matters concerning provisors began to come upon the stage , which was within two years after that law was made , the clergy found that matter too warm for them , and either did not obey the summons , or come to the parliament ; or if they came , kept aloof ; or if not so , would not vote ; or if that , yet order their tongues so , as nothing was certainly to be gathered , but their doubtful or rather double mind . these prelates thus discovered , the parliament depended no more upon them , further than they saw meet . at six or seven parliaments determined matters without their advice ; and such matters as crossed the principles of these men , and therefore in a rational way might require their sence above all the rest , had they not been prepossessed with prejudice , and been parties in the matter . nor did edward the third ever after hold their presence at so high repute at such meetings ; and therefore summoned them , or so many of them , as he thought meet for the occasion , sometimes more , sometimes fewer ; and at a parliament in his forty and seventh year , he summoned only four bishops , and five abbots . and thus the matter in fact passed in these times , albeit the clergie still made their claim of vote , and desired the same to be entred upon record . and thus the parliament of england tells all the world , that they hold themselves compleat without the clergie , and to all intents and purposes sufficient to conclude matters concerning the church , without their concurrence . thus began the mewing time of prelacy , and the principal feather of their wings to fall away , having now flourished in england nigh eight hundred years . and had future ages pursued the flight as it was begun , these lordings might have beaten the air , without making any speedy way , or great work , saving the noise . a third step yet was made further , in order to the reducing of the power of the popedom in england , but which stumbled most immediately upon the greatness of the prelates . for it was the condition of the spiritual powers , besides their height of calling , to be set in high places , so as their title was from heaven ; but their possessions were from men , whereby they gained lordship , authority , and power , by way of appendix to their spiritual dignities . this addition however it might please them , yet for a long time before now , it had been occasion of such murmure and grudge in the commons against the clergie , as though it advanced the clergie for the present , yet it treasured up a back-reckoning for these men , and made them liable to the displeasure of the laity , by seizure of their great places : whenas otherwise their ecclesiastical dignities had been beyond their reach and of this , these times begin now to speak louder than ever , not only by complaints made in parliament by the people , but also by the lords and commons in parliament to the king , that the kingdom had been now long , and too long governed by the clergie , to the disherison of the crown ; and therefore prayed , that the principal offices of the kingdom might henceforth be executed by the laity . and thus the stir arose between the lords temporal and spiritual , each prevailing or losing ground , as they had occasion to lay the way open for them . the duke of lancaster being still upon the upper ground , that as little regarded the popes curse , as the clergie loved him . but the worst , or rather the best , is yet behind : outward power , and honourable places , are but under-setters , or props to this gourd of prelacy , that might prove no less prejudicial by creeping upon the ground , than by perking upward . for so long as errour abideth in the commons , truth can have little security amongst princes ; although it cannot be denyed , but it is a good sign of a clear morning , when the sun-rising gloryeth upon the top of the mountains . god gives commission therefore to a worm , to smite this gourd in the root ; and so at once both prelate and pope do wither by undermining . this was wickliff , that had the double honour of learning in humane and divine mysteries . the latter of which had for many years passed obscurely , as it were in a twilight amongst the meaner sort , who had no endowments to hold it forth amongst the throng of learned or great men of the world . and though the news thereof did sound much of holiness and devotion , themes unmeet to be propounded to an age scarce civilized : yet because divers of them were more immediately reflecting upon the policy of the church , wherein all the greater sort of the church-men were much concerned , but the pope above all the rest ; the access of all , the matter was made thereby more easie to the consideration of the great lords and princes in the kingdom , who out of principles of state , were more deeply engaged against the pope , than others of their rank formerly had been . duke john of gant led the way in this act , and had a party amongst the nobility , that had never read the canon-law . these held forth wickliff and his learning to the world ; and edward the third himself favoured it well enough , but in his old age desiting his ease , was contented to look on , whilst his lords temporal and spiritual played their prize ; yet giving his plaudite rather to his son , than his spiritual fathers , as if led by principles of nature , rather than religion . this was the blossoming part of the wickliffists ; but the principal strength was from beneath , where the roots spread and fastned exceedingly , especially in the south and eastern parts of this kingdom . to tell of the vsurpations of the clergie , the idolatry of their costly worship , the vanity of their curses , &c. was exceeding welcome news to an oppressed multitude ; especially where these things were rightly understood . the issue soon manifested it self to the world ; no parliament passed without reflections at prelates , rome , or some such thing ; and not only the persons and practices of these men , but even their laws and canons were begun to be had in contempt , and their missives slighted . and thus these men pretending patronage , both from right drawn from heaven , and derived from men , fail in their evidence , unless the people do still believe more than they are able to understand . no marvel if rome be now rowzed , and that sort of men that formerly were wolves in sheeps cloathing , become now red and fiery dragons , taking up a new course of establishing their power by persecution . this was a way of power indeed ; but it is a touchy thing to have to do with fire , lest it gets too high . it is therefore holden a point of discretion by the prelates , not to meddle with the lords or the common people ; the former were too great , the latter too many ; the one sort would not hear , the other would not understand : the teachers therefore being the velites , at them they give fire . wickliff their leader comes on bravely , and notwithstanding they all made at him , he routs them , and in despite of them all comes off fairly , and dies in his bed by the course of nature . then an ordinance is levelled at the rest of the teachers : this was made of an old canon , the nature whereof was to this purpose . that upon complaint of the bishop , the king's writ shall be granted to apprehend preachers of heresies , errours , and matters of slander , tending to discord and dissention between the states of this realm , with their factors and abettors ; and to imprison them till they be acquitted according to the law of the church . this law ( for such it yet appears ) gives occasion to consider of these particulars , viz. the crime , the delinquents , the manner of inquisition , and the penalty . for the first , ( not to trouble my way with debate about the right of liberty of preaching ) the matter in fact was , that men did publickly preach without authority , matters of theology , tending ( as it is said ) to sow discord and discention ; so as they are under consideration and censure of the church-men and canon-law , in one regard ; and of the laws of the kingdom and civil magistrate as disturbers of the peace , on the other side . and thus the subjects liberty is cast into a mysterious , cloudy , and doubtful posture , by matters of opinion . secondly , the persons delinquent are also left to an indefinite construction ; for they are not only preachers in publick , which might be an order of men within the church-cognizance , as things then stood , in regard it was permitted to the church to authorize men to preach ; but also their factors and abettors , words that might comprehend any other person whatsoever , according to the passion or discretion of the church-men . thirdly , the manner of this inquisition must be according to the canon , and then the people are at the church mens mercy , to return complaints against whom they please , upon such grounds as they shall think meet . the persons that must make this inquisition by this law , are the ordinaries , or any one of them ; and for ought appears , the same might be done by pope , council general , national , provincial , diocesan , or their delegates , according to the canon : although the last precedent that i met with , was executed by a grand council of lords and prelates , in the time of henry the second . but now the clergie finding the laity began to swell against the canon , they thought it high time to get the civil sword to joyn in the work , to be as their hands to apprehend , and goalers to hold in custody , such as they should complain of , without any other legal conviction . although hereby they not only disclaimed the exercising of their own power of imprisoning , which they by the canon formerly claimed to have in such cases , but also acknowledged to receive their power judicatory in such cases from the parliament . thus was this ordinance levelled , as i said , but the shot fell short ; for this law attained no further perfection than a meer shape , and was complained of by the parliament , within few months after its first noise ; that it was made and published without the commons consent or knowledge , and that the nature thereof was directly contrary to the liberties of the people , and therefore they prayed that it might be repealed ; and the same was done accordingly ; although the times have been such as would not suffer the same to come into the publick book of statutes in print . but whether statute , or no statute , they tell the king plainly , that they will not further be bound or justified by the prelates , than they or their ancestors were anciently used to be ; and besides that , they thought somewhat more , which they laid up against future times ; nor was it long ere they discovered it . for a subsidy being offered to the king by the laity , under a proviso , that the clergie would grant a tenth ; the clergie took this articulating of the commons in snuff , and protested that the laity should not charge them . the commons hereat begin to bid battle to the temporalties of the clergie , and had not the king been a fast friend in good earnest unto the clergie , the laity had won the field . thus were these times like the motion of the ballance unto the church-men , sometimes up , sometimes down ; getting somewhat which they formerly had not ; with less assurance in what they had . chap. vii . concerning trade . kings hitherto had lived upon the main stock , improving the same to the utmost penny ; few of them laid up for the future , much less endeavoured to advance the principal for their successors . there had now been ten kings of this nation since the conquest , all of them spending what they had , or could get from the people , in the maintenance of their patrimony , or their own lusts ; if any over-plus was either gained by , or saved from the game , their executors might be the better for it , their heirs were not . but edward the third had a new game to play , he must gain his right by his sword , or he must lose it : his spirit was too big to sit still and bear blows ; and yet pre-advising himself about the poverty of the people , and that their patience would be spent soon after their supplies , if they continually saw much going out , and nothing coming in ; he had a rule upon his private expences , a good gloss upon the publick , and a platform for the augmenting of the treasure of the kingdom , as well for the benefit of the people as of the crown . in order to the first , it is considerable , that the royal family was great and numerous above all his predecessors ; that besides the king and queen , who were of a gallant and accomplisht deportment , they had a son , a prince of as great renown as ever prince had , and he also a family suitable to his generosity ; that they had other children , every one like their father both for war and peace ; and that for the maintenance of all these , the expences must be in reason larger than formerly they were wont to be . nevertheless , because purveyance for the king had already swelled so big , that all other oppressions seemed to be swallowed up into that one , the king to moderate the rigor thereof made nigh twenty statutes , first excluding all servants at wages , and horses and dogs which were put to board with the sheriffs ; then reducing the purveyance only to the families of himself , his wife and children , then to the families of himself , the queen , and prince ; and in the levy hereof , some mens estates were absolutely priviledged , and some kind of goods , as sheep before shearing , and trees about the dwelling house . nor is the setling of the manner less considerable . it must be levyed by authority in writing under the seal ; and it must not be taken against the owners will , or upon malice ; nor must be spared for reward ; the price must be the same with the true market-price , the measure according to the common measure stricked , and the payment must be immediately , if the price be under twenty shillings ; if above , it must be made in a quarter of a year ; and no man must charge more carriage than is necessary . and thus was this wild ivy of purveyance , that like some kinds of plants spreads over all , by rooting up and cutting down , brought into some kind of fashion ; that if it did no good , it might do the less hurt unto the people . secondly , although it be true that edward the third was a king of many taxes above all his predecessors , yet cannot this be imputed as a blot to the honour of the law , or liberty of the people ; for the king was not so unwise , as either to desire it without evident cause , or to spend it in secret , or upon his own private interests ; nor so weak and irresolved , as not to employ himself and his souldiers to the utmost to bring to pass his pretentions ; nor so unhappy , as to fail of the desirable issue of what he took in hand . so as though the people parted with much money , yet the kingdom gained much honour and renown , and becoming a terrour to their neighbours , enjoyed what they had in fuller security , and so were no loosers by the bargain in the conclusion . secondly , although they parted with much , yet nothing to prerogative , but in a parliamentary way ; and so it was not taken , but given . thirdly , though the taxes were frequent , yet but light : for frequent light taxes steal insensibly without regret ; and as they grow into matters of course , so they meet with acceptance of course . two things made them of light account . first , they were not taxes altogether of money in kind , but of goods , such as the sheaf and fleece , and such-like things , whereof the ownership is visible ; whereas many are supposed to have money which have it not , but must borrow it , or sell their goods at an under-rate many times to accomplish it for the payment of their taxes . secondly , these taxes are assessed by the neighbourhood , and not upon extremity of survey by commissioners , who many times are subject to miscarry upon grounds of private interest , or for want of due information , or by making more haste than good speed . these taxes likewise were reduced to the ancient rule , according to the statute of westminster the first . and thus did this king shew himself truly royal in demanding his taxes upon evident grounds of state , levying them with a tender hand , and employing them to their right end . thirdly , that which digested all , and bred good bloud , was , in that the people had quid pro quo , by the advance of trade , wherein the king shewed himself the cape-merchant of the world . certainly , mens parts in these times were of vast reach , that could manage such wars , settle such a government , and lay such a foundation of a treasury by trade ; a thing necessary to this island , next unto its own being , as may appear , not only in regard of the riches of this nation , but in regard of the strength thereof , and in regard of the maintenance of the crown ; the two latter of which being no other than a natural effluence of the former , it will be sufficient to touch the same in order to the thing in hand . now as touching that , it is evident that the riches of any nation are supported by the conjuncture of three regards . first , that the natural commodities of the nation may be improved . secondly , that the poorer sort of people be set a work . thirdly , that the value of money be rightly balanced . for as on the one part , though the people be never so laborious , if the natural commodities of the island be not improved by their labour , the people can never grow much richer , than barely for subsistence during their labour ; so neither can the improvement of the natural commodity inrich the kingdom , so long as many mouths are fed upon the main stock , and waste the same by idleness and prodigality . nor though both these should concur , yet cannot the kingdom be said truely to be rich , unless by intercourse and traffick there be an emptying out of the superfluity of such commodities by way of barter , or otherwise , for such forein commodities whereof this nation slandeth in most need for supply of all occasions . for god hath so attempered the whole regiment of the earth , in such manner , that no one nation under heaven can well and comfortably subsist in and by it self , but all must give and receive mutual commodity from each other : otherwise superfluity would make any commodity ( though in it self never so precious ) vile ; and little conducible to the inriching of the nation . now for the compassing of all these , the wise men of these times first took into their consideration the principal commodities of this kingdom ; and because they found them impounded in the staple , they set all at liberty to buy and sell the same as they pleased . and thus began a free trade of wool throughout the realm , and matter for employment by every man that would : but this continued not long . the people soon had commodity enough for work ; and kings liked too well of the restraining of that liberty in order to their own benefit ; and soon found out occasions to reconcile the reason of state with their own interests , and at length setled the staple in certain places in several parts of the kingdom . but this extended onely unto the commodities of wool , leather , and lead ; for as yet the manufactures were not come to maturity . secondly , the endeavour was to advance manufacture , and principally such of them as are made of the staple commodities , amongst all which wool had the precedency , as being the most principal and ancient commodity of the kingdom ; and the manufacture of wool of long use , but had received little encouragement before these times , for that it formerly had been the principal flower in the flemish garden , and nourished from this nation , by the continual supply of wool that it received from hence , which was the principal cause of the ancient league between the house of burgundy and this crown . but edward the third was now too well acquainted with the flemings affairs , by a joynt engagement with them in the wars of france ; and therein had gained so good an opinion amongst them , that he might adventure to change a complement for a courtesie . the staples beyond the sea were now taken away , he now inhibiteth the importation of forein cloaths ; and having gained these two steps onward of his way , he represents to the flemings their unsetled condition by these bordering wars with france , the peaceable condition of england , and freedom of the people ; then propounds to them an invitation to come over into england , promiseth them share and share like with his own people , with such other immunities , as they take his offer , come over , and brought their manufacture with them , which could never after be recalled . so as now the wool and manufacture dwell together ; and , like to man and wife , so long as they care for one another , both will thrive ; but if they come to play their games apart , both will be losers in the conclusion . the third step to the advance of trade , was the exportation of the surplusage of the staple commodities that remained over and besides that proportion that should suffice for the manufactures ; to which end it was ordered , that no wool should be exported till it had remained at the staple by the space of fifteen days . that time was necessary , and longer time might have been convenient , but that the markets beyond the sea could not be delayed longer time , without much damage to the merchant and owner ; for as much as winter-time is no time to prepare wool for the manufacture ; and by over-long continuance of the commodity upon the hand of the merchant or owner , both the commodity and the manufacture might surfeit , lie in despair , and trade choaked thereby . for it is a necessary preparative to trade , to keep the nation in some kind of hunger after the staple-commodities , so as the main stock be not too great to occupy , and yet to leave enough to use . but because this nation formerly had been , and as yet were , used too much to forein manufactures , the importing of which did debase the home-made manufactures , and discouraged that work ; therefore the law was made to reduce the vanity of apparel ( which infected these times ) to more sobriety . some delight in forein commodities and manufactures , is , doubtless , profitable both for trade and shipping ; so as what is imported exceeds not what is exported . for too much of that , makes the domestick commodity contemptible , the nation poor , and the people want work ; because it is a noted vanity of this nation , that they love things far fetcht , and dear bought . as a cure therefore to this disease , english cloth by law is enjoyned to be worn by all persons under the degree of a lord ; and so the former inhibition of importation of forein cloaths was strengthned thereby . and because the english clothiers should not take advantage hereby to raise the price of their cloaths to their own covetous pin ; therefore the law also setled a certain price and measure , and the same before sale was to be allowed upon view : and for the goodness of the cloaths , and perfect working thereof , laws were likewise made against exportation of all such as were not perfectly made . a fourth step to the advancement of trade , was the compelling men to work ; for when publick employment calls men forth for service in the field , their mindes once in commotion , or upon the wing , can hardly settle any where , or stoop to the perk again , unless upon hope of prey or gain to be gotten thereby . such were the times of edward the third , wherein partly for that cause , and partly for the scarcity of men left from the sword and pestilence , not onely workmen were scarce and dear , but even the mass it self was grown stately , the private delights of kings and great men , and scarce vouchsafing to be seen by common gaze , but at a great distance . the priests had little charity , and the poor had as little money ; so as no penny , no pater noster . a sick and very crazy time questionless was it , when the clergie were stately , and the poor idle . the priests wages for this cause are now setled ; and they that would get much , must get many littles , and do much . but the greater sore was amongst the poorer sort ; either they would not serve , or at such wages as could not consist with the price of the cloahts , and the subsistence of the clothier . l●aws therefore are made to compel them to work , and to settle their wages ; so as now it is as beneficial to them to serve the meaner sort of clothiers as the richer sort : for the master must give no more , nor the servant take more ; and thus became labour currant in all places . a fifth means to advance trade , was the setling of a rule upon exportation and importation ; this wrought a double effect , viz. the enriching of this kingdom with forein commodities , and the maintaining of shipping ; which was and is a principal means , not onely of strength unto all sea-bordering countries , especially regard being had to these three considerations . first , that importation does bring in more profit than exportation disburseth . secondly , that both exportation and importation be made by shipping belonging to this nation , so far as may consist with the benefit of this nation . thirdly , that exportation be regulated to the overplus , saving the main stock at home . the truth of the first will be evident from this ground ; that no nation can be rich , that receiveth more dead commodities from abroad than it can spend at home , or vend into forein parts , especially if it be vended in its proper kind , and not in money . and therefore the laws provided , that no merchant should export more money than he importeth ; and what he doth export must be of the new stamp , which it seemeth was inferiour in value to the old : yet the times may prove so penurious , that this rule may be waved for a season . the second is no less beneficial ; for as it is in war , so in all trades ; the greater the number is that is employed , the more effectual the issue will be : and therefore though it in the general be more beneficial , that all exportation and importation might be by our own shipping ; yet in regard times may be such as now they were , that the shipping of this nation is more than ordinarily employed for the service of the state : and that every nation striveth to have the benefit of exportation by vessels of their own . and lastly , in regard the case may be such , as importation may be at a cheaper rate by forein vessels , and exportation likewise may for the time be more prejudicial to this nation , if done by our own shipping , than those of other nations : therefore the course must be changed , so far forth as will stand with the occasions of the state , and common profit of this nation . and for these causes , and such-like , in the times whereof we now treat , the laws often varied . sometimes no staple-commodity must be exported in english bottoms ; sometimes all must be done by them ; and within a year again that liberty was restrained ; and after that , liberty given to foreiners to export as formerly . the third and last consideration is as necessary as any of the former : for if trade be maintained out of the main stock , the kingdom in time must needs be brought to penury , because it is their magazine . and for this cause it was provided , that all wool should remain at the staple days , to the end it might be for the kingdoms use : if any one would buy , they must do it within that time , otherwise it might be exported . the sixth means of advancement of trade , was the setling of the staple ; for as it was an encouragement to the first establishing of the manufacture , that the staples were let loose ; so when the manufactures had taken root , the staple especially now fixed to places within this kingdom , brought much more encouragement thereto . first , for preserving a full market . for whilst the commodity lies scattered in all places , the market must needs be the leaner ; partly in regard the commodity lies in obscurity , and partly because when it is known where , yet it is not easily discovered whether it be vendible or not ; and besides , small parcels are not for every man's labour , and the greater are not for every man's money . secondly , staples are convenient for the slating of the general price of the commodities , in regard the quantity of the commodity is thereby the more easily discovered , which commonly makes the price . and the quantity of the commodity thus discovered , will not onely settle the price to it self , but also ballance the price of the manufacture . thirdly , the staple having thus discovered the quantity of the commodity , will be a ready way to settle the quantity of the main stock that must be preserved , and regulate exportation as touching the overplus . but it cannot be denied that the first and principal mover of the making of the staple , was the benefit of the crown : for when the commodity was gone beyond the sea , it importeth not to the subjects in england , whether the same be sold at one place , or more , or in what place the same be setled , until the manufacture was grown to some stature ; and then the place became litigious . the benefit of exportation , pretended much interest in the setling thereof beyond the sea ; but in truth it was another matter of state. for when it was beyond sea , it was a moveable engine to convey the king's pleasure or displeasure , as the king pleased ; for it was a great benefit to the countrey or place where-ever it setled ; or else it moved or stayed according to the inclination of the people where it was , either for war or peace . but on the contrary , the interest of the people began to interpose strongly . and for these causes the parliament likewise intermeddled in the place ; and thus the scene is altered : sometimes it is beyond the seas , in one place or in another : sometimes in england . in edward the third's time , we find it sometimes at calis , sometimes in england . in richard the second's time , we find it again beyond the seas at middleburgh ; thence removed to calis ; and after into england . where at length the people understood themselves so well , that the parliament setled the same ; it being found too burthensome for the manufactures to travel to the staple beyond the seas , for the commodity that grew at their own doors ; besides the enhansing of the price , by reason of the carriage , which falling also upon the manufactures , must needs tend to the damage of the whole kingdom . this was one way indeed , and yet possibly another might have been found . for if a computation had been made of the main stock , and a staple setled within the kingdom for that , and the overplus exported to a staple beyond the sea , it might have proved no less commodious , and more complying . it is very true , that there are many that call for the liberty of the people , that every man may sell his own commodity as he pleases ; and it were well that men would consider themselves as well in their relations , as in their own personal respects . for if every man were independent , his liberty would be in like manner independent ; but so long as any man is a member of a common-wealth , his liberty must likewise depend upon the good of the common-wealth ; and if it be not good for the nation that every man should sell his own commodity as he pleaseth , he may claim the liberty as a free-man , but not as an english-man . nor is that liberty just , so long as his country hath an interest in his commodity for its safety and welfare , as in his own person . i do not assert the manner of buying the staple-commodities by merchants of the staple , to sell the same again in kind for their private advantage . divers limitations must concur , to save it from an unlawful ingrossing ; nor doth it appear to me that the staplers in these times used such course , or were other than mere officers for the regulating of the staple , in nature of a court of piepowders belonging to some fair or market . nevertheless , i conjecture that it may well be made evident from principles of state , that marts , markets , and staples of commodities , that are of the proper off-spring of this nation , are as necessary to trade , as conduits are to places that want water . the seventh and last means that was set on foot in these times for the advance of trade , was the regulating of the mint , and the current of money . this is the life and soul of trade : for though exchange of commodities may do much , yet it cannot be for all , because it is not the lot of all to have exchangeable commodities , nor to work for apparel and victual . now in the managing of this trick of money , two things are principally looked unto : first , that the money be good and currant . secondly , that it should be plentiful . as touching the excellency of the money , several rules were made , as against embasing of money , against forein money not made currant , against counterfeit and false money . for according to the goodness of the money , so will the trade be more or less : for the merchant will rather lose in the price of his commodity in money , than in exchange for other commodity ; because the value thereof is less certain , and the transportation more chargeable . secondly , as touching the plenty of money , that is as necessary to the advance of the trade , as of the goodness of it . for according to the plenty thereof will be the plenty of the manufactures , because handicrafts-men having no commodities but their labour , cannot work for exchange , nor can exchange supply rents and maintenance to the greater sort of people . to this end therefore it is provided against melting of money , and exportation of silver and gold. and yet , to encourage or not discourage importation of silver and gold , liberty was given to every man to export so much as they did import , provided that what they carry away must be of the new stamp , or minted in this nation . by this means bullion came in with probability that much thereof would remain in the nation in lieu of commodities exported ; or if not the greater part , yet at least the mint gained , and that was some benefit to the nation . thirdly , for the fuller currance of the money , the issue was established in several parts of this kingdom , according to the ancient custom ; and this was advantageous both to the mint , and to the stock of money in the kingdom . this establishment was with this difference , that though the mint was setled by the parliament , yet the exchange was left to the directory of the king and his council . because the exchange is an uncertain thing , subject to sudden alteration in other nations , and it is necessary that in this country it be as suddenly ballanced with the ex●change in other countries , or in a short time the nation may receive extream damage . in regard whereof , and many other sudden exigencies in trade , it seemeth to me convenient , that a particular council were established for continual influence into all parts of these dominions , to take into consideration the quantity of the staple-commodities necessary to be retained as a stock at home , for the use of the people , and the manufactures ; and accordingly to ballance the trade of exportation and importation , by opening and enlarging , or shutting and straitning the stream , as occasion doth require . and lastly , to watch the course of the exchange in forein parts , and to parallel the course thereof in this land thereto . for otherwise the publick must necessarily suffer , so long as private men seek their own particular interests onely in their course of trade . chap. viii . of legiance , and treason , with some considerations upon calvin's case . as times change manners , so do manners change laws . for it is the wisdom of a state , when it cannot over-rule occasion , to pursue and turn it to the best issue it can . multitude of laws therefore are not so much a sore to the people , as a symptome of a sore people . yet many times laws are said to be many , whenas they are but one , branched into many particulars , for the clearing of the peoples understanding , ( who usually are not excellent in distinguishing ) and so become as new plaisters made of an old salve , for sores that never brake out before . such sore times were these whereof we now treat , wherein every touch made a wound , and every wound went to the heart , and made the category of treason swell to that bigness , that it became an individuum vagum , beyond all rule , but the present sence of timorous judges , and a touchy king. thus were many of the ignorant and well-meaning people in an hideous danger of the gulf of forfeiture , before they found themselves nigh the brim . all men do agree that treason is a wound of majesty ; but all the doubt is , where this majesty resteth originally , and what is that legiance which is due thereto , the breach whereof amounteth to so high a censure : for some men place all majesty in one man , whom they call an absolute monarch : others , in the great men : and others , in the people ; and some in the concurrence of the king and body of the people . and it is a wild way to determine all in one conclusion , whenas the same dependeth wholly upon the constitution of the body . look then upon england in the last posture , as the rigider sort of monarchical politicians do , and majesty will never be in glory , but in the concurrence of the king and parliament , or convention of estates ; and so upon the whole account it will be upon the people , whose welfare is the supream law. rome had kings , consuls , dictators , decemviri , and tribunes , long before the orator's time ; and he saw the foundation of an empire , or perpetual dictatorship , in the person of the first of the caesars : any of all which might have challenged the supremacy of majesty above the people . and yet the often change of government shewed plainly that it rested upon another pin ; and the orator in express words no less ; when speaking of the majesty of that government , he allotteth it not to those in chief command , but defineth it to be magnitudo populi romani . afterwards , when the pride of the emperours was come to its full pitch in the times of augustus and tiberius , an historian of those times , in the life of tiberius , tells us , that he declared the bounds of treason to be determined in three particular instances ; of treachery against the army ; sedition amongst the people ; and violating the majesty of the people of rome : in all which , men were not punishable for words , but for actions and endeavours . i do not herein propound the government of the roman empire as a model for england , but à majori may conclude , that if the proper seat of majesty was in the people of rome when emperours were in their fullest glory , it is no defacing of majesty in england to seat it upon the whole body , from whom the same is contracted in the representative , and so much thereof divided unto the person of the king , as any one member is capable of , according to the work allotted unto him . these several seats of majesty making also so many degrees , do also imply as many degrees of wounding : for it is written in nature , that the offence tending to the immediate destruction of the whole body , is greater than that which destroyeth any one member onely ; and when the written law maketh it treason to compass the destruction of the king's person , it leaveth it obvious to common sence , that it is a higher degree of treason to compass the destruction of the representative ; and above all , to destroy the whole body of the people : crimes that never entred into the conceit of wickedness it self in those more innocent times ; much less saw they any cause to mention the penalty by any written law. nevertheless , because many sad examples had occurred within the memory of this present age , of the danger of the person and honour of kings ; and yet on the other side they saw that in such cases of treason the king's honour was made of reaching leather , and might easily be strained within the compass of a wound of majesty : therefore edward the third , imitating tiberius , reduced the crime of wound of majesty in the person of the king , into certain particular instances , out of the compass whereof the judges of the law in ordinary course must not determine treason . these concern either the safety of the person of the king , or of the succession in the royal throne : or lastly , the safeguard of the publick right by the broad and privy seal , the value of money , and by persons in matters of judicature judicially presiding ; all of them reflecting upon the king , considered in his politick capacity . for otherwise many crimes might have been mentioned , more fatally reflecting upon the king in his natural capacity , which nevertheless are omitted , as not worthy of so high a censure . other treasons are left to the determination of the parliament as occasion should offer it self , whereof divers examples of a new stamp occurred within forty years next ensuing , which were of a temporary regard , and lived and died with the times . to these two notions of majesty and treason , i must adde a third , called legiance ; for it is that which maketh majesty to be such indeed , and lifteth it into the throne , and whereof the highest breach makes treason . and because that which hath been already said reflecteth upon an opinion , or rather a knot of opinions ( for i find them not punctually adjudged ) in calvin's case , i must a little demur to them , because as their sence is commonly taken , it alters the fundamental nature of the government of this nation from a common-wealth to a pure monarchy . in handling of this case , the honourable reporter took leave to range into a general discourse of legiance , although not directly within the conclusion of the case ; and therein first sets down the general nature thereof , that it is a mutual bond between an english king and his people ; and then more particularly sets forth the nature of this bond in the several duties of obedience and fealty , fol. . a. and those also in their several properties , viz. natural , absolute , fol. . a. due to the king omni , soli , & semper , fo . . a. in his natural and not publick capacity , fol. . a. whereas he saith , this bond is natural , he meaneth that it is due by birth , fol. . a. by absolute ( if i mistake him not ) he meaneth , that it is indefinite , fol. . b. viz. not circumscribed by law , but above law , and before law , fol. . a. and that laws were after made to enforce the same by penalties , fol. . b. and therefore he concludeth that this legiance is immutable , fol. . b. and fol. . a. thus having slated the point as truly as i can , both for the nature of legiance , and the object thereof , viz. the king , and not the people , otherwise than in order to the safety and honour of the king's person , considered in his natural capacity as he is a man : i shall in the next place examine the grounds as they are severally set down , and therein shall lead the reader no further than the reporters own concessions . not troubling the reader with any doubt , whether this bond consists in obedience onely , or in that fealty : and in all , shall ever be mindful of the honour of that pen with which i have to deal . first , whereas it is said , that english legiance is natural , and grounded upon the birth of each party within the kings dominions and protection , it needeth no debate , so as the same be taken sano sensa , viz. for a qualified legiance , without those sublimities of absolute , indefinite , immutable , &c. for otherwise if such a high strain of legiance be due from every english man by birth ; then all the magna charta , or laws concerning the liberties of the people , come too late to qualifie the same , because they cannot take away the law of nature , fol. . a. and thus the party once born english , must for ever remain absolutely obliged to the king of england , although haply he lives not two months under his protection all his ensuing life-time . secondly , the legiance of an english-man to his king , ariseth from that civil relation between the two callings of king and subject , and therefore it is not a natural bond which cannot be taken away . the first is true , by the reporter's own concessions ; protectio trahit subjectionem , & subjectio protectionem ; so he saith , fol. . a. fol. . b. and therefore though it be granted that magistracy in general is from nature , as he saith , fol. . a. yet of weak birth is that inference which he maketh , viz. that english allegiance is a principle in nature . unless it be also admitted , that all men on earth that submit not to english legiance do sin against nature . the difference then will stand thus ; magistracy is founded in nature , therefore legiance also . but english magistracy is from civil constitution , therefore is english legiance of the like nature . in the next place the reporter saith , that before any municipal law was made , kings did dare jura ; and he mounts as high for an example as the trojans age , by the testimony of virgil. but i believe he intended not much strength in this , seeing it is well known by any that knows the scriptures , that there were municipal laws given , and that concerning the office of a king , by moses , which were more ancient than those of troy , and long before the time of virgil , who neither tells us in what manner those trojan laws were made , though the kings gave them : nor if all were according to the reporter's sence , is the testimony of a poet ( who sometimes useth his poetica licentia ) to be taken in terminis . in the next place , the reporter voucheth the testimony of fortescue , c. , & . which is as absolutely opposite to the main point in hand , as any pen can declare : for he tells us of divers sorts of kingdoms , some gotten by conquest , as those of nimrod and belus , &c. but , saith he , there is a kingdom politick , which is by the association of men by consent of law , making one chief , who is made for defence of law , and of his subjects bodies and estates , and he cannot govern by any other power ; and of this nature , faith he , the kingdom of england is , fol. . , . a second piece of the foundation of this opinion of the reporter is taken ab inani ; it is a vain thing , saith he , to prescribe laws , but where by legiance foregoing , people are bound to obey . but this compared with the words of fortescue , formerly mentioned , falls of it self to dust ; and therefore i shall not further enlarge concerning it . thirdly , the reporter brings in , to help the matter , the consent of the law in elder times , by certain cases vouched to that purpose ; the first concerning the legiance of children to parents ; which cometh not to this case , because it is a legiance of nature ; and this legiance whereof we speak , is yet under a litigious title : and i suppose will in the conclusion be found to rest onely upon a civil constitution ; therefore i leave that . the second is , that a man attainted and outlawed , is nevertheless within the king's protection ; for this ( saith the reporter ) is a law of nature , indelebilis & immutabilis , and neither parliament nor statue can take this power away , fol. . b. . a. and therefore the reporter concludes , that as well the legiance of the subject , as the protection of him by the king , are both of them from the law of nature . an opinion that speaks much mercy , yet it seems strange , considering the pen : for if it be a law of nature , and immutable , for the king to protect persons attainted , then must no such person suffer ; for if he be under the king's protection , that being by a law of nature , cannot be changed by any positive law , as the reporter saith ; nor can the king be so bound by any such statute , but by a non obstante be can set himself at liberty when he pleaseth : and then the issue will be this , the king hath a natural power to protect the persons of law-breakers from the power of the law , therefore much more their estates ; and then farewel all law , but this of the kings natural protection . i say that these are of a high strain , considering what the reporter speaketh elsewhere . but to pursue his instance , he saith , that the king hath power to protect an attainted person : that if any man kill him without warrant , he is a man-slayer ; and yet this person attainted hath lost the legal protection . it is true , yet not to all intents ; for by the sentence of the law , his life is bound up under the law of that sentence , viz. that he must not suffer in other manner than the sentence determineth , nor before warrant of execution issue forth to that end . and notwithstanding the sentence , yet the law leaveth him a liberty of purchase , or inheritance , though to the use of the crown ; and therefore in some respects the law protects his person so long as he lives , and the king 's natural protection is in vain in such cases . lastly , suppose the king hath a power of non ohstante , if the same be allowed to him in a limited way by the law , it is no argument to prove the king's natural power , which is driven at under natural legiance , much less if it cannot be made forth that the law doth allow any such power of non obstante at all ; but by the iniquity of the times , permitteth the same to subsist , onely to avoid contention , as it came into this kingdom by way of usurpation . and thus i have onely discovered the foundation of this first qualification , which i shall onely leave naked , supposing that no man seeing it , will build at all thereupon . the second property that cometh to be considered is , that english legiance is absolute , fol. . b. fol. . a. which is a word of a vast extent , serving rather to amaze men's apprehensions than to enlighten them . and therefore the reporter did well not to trouble himself or the reader in the clearing or proof thereof , but lest the point rather to be believed than understood ; nor shall i in the negative . for god himself can have no other legiance from an englishman , than absolute legiance ; and kings being ( as other men ) subject to erre , especially in this point of prerogative are much rather subject thereto , being misled by such doctrines as these are . the scripture determines this point , and cuts the knot in sunder . the third property of english legiance which the reporter insisteth upon , is , that it is indefinite ; which he explaineth to be proprium quarto modo , so as it is both vniversal and immutable , fol. . b. fol. . and neither defined by time , place , or person . as touching the time and person , the reporter enlarged not at all , therefore i shall onely leave the reader to chew upon the point , supposing himself in the first times of edward the fourth , when henry the sixth was then alive ; and let him resolve to which of them his legiance had been due , considering them both in their natural capacity , as the reporter would have it . but as touching the place , it is reported that english legiance is not onely due from an english man to an english king in england ; but in all places of the kings dominions , though otherwise forem , as to the power of the law of england . yea , saith the reporter , as far as the kings power of protection doth extend . and yet this had not been enough , if the premises be granted : for if this legiance whereof we speak be absolute , and omni , soli , & semper , then it is due to the king from an english man ubivis gentium . nevertheless , to take the reporter in a moderate sence , it is worth consideration , whether english legiance in the days of edward the third extended as far as the kings power of protection , whenas he had the crown of france in a forein right to that of england . in this the reporter is extreamly positive , upon many grounds which he insisteth upon . first , he saith , that verus and fidelis are qualities of the mind , and cannot be circumscribed within the predicament of vbi ; and upon this ground he might conclude , that this legiance is due to the king from an english man all the world over , as well as in all the king's dominions . but concerning the ground , it may be denied : for though simply in it self considered as a notion , verity or fedility are not circumscribed in place ; yet being qualities of the soul , and that being in the body , in relation thereunto , it may be in the predicament of vbi : for where-ever that body and soul is , there is faith and truth according to its model ; which though not absolute and indefinite , yet if according to the laws of the place wherein the man is , he is truly said to be verus & fidelis . secondly , the reporter argueth , that the king's protection is not local , or included within the bounds of england , therefore also is not the legiance : for , protectio trahit legiantiam , & legiantia protectionem . had this reason been formed into a syllogisim , it had appeared less valuable ; for the protection of an english king , qua talis , of an english man , is local , and included within the bounds of the kingdom . but if the same king be also king of france , or duke of aquitane , and an english man shall travel into those parts , he is still under the same king's protection , yet not as king of england , but as king of france , or duke of aquitane . otherwise , let the party be of france , or aquitane , or england , all is one , he must be ( whether french or english ) under an unlimited absolute protection , without regard had to the customs or laws of the place ; yea , contrary to them , which i believe the reporter never intended to affirm . thirdly , the reporter salleth upon the matter in fact , and tells us , that the king of england did many times , de facto , grant protections to persons in places out of the english consines ; and it will not be denied . but never was any absolute and indefinite protection so granted : for the protection extends to defence from injury , and all injury is to be expounded and judged according to the laws of the place . nor do any of the precedents vouched by the reporter clear , that the king of england did grant , as king of england , protection to any englishman in any parts of the king's dominion beyond the seas , which was not qualified according to the laws and customs of that place . especially it being apparent , that an english king may hold dominion in foreign parts , in legiance under a foreign king ; as edward the third held the dutchy of guien ; and therefore cannot grant absolute protection in such place , nor receive absolute legiance from any person there being . fourthly , the reporter saith , that the king of england hath power to command his subjects of england to go with him in his wars , as well without the realm of england , as within the same ; therefore the legiance of an englishman to his king , is indefinite , and not local , or circumscribed by place , or within the kingdom of england . although the first of th●se be granted , yet will not the inference hold ; for possibly this may arise from the constitution of a positive law , and not from natural or absolute legiance ; nor doth any authority by him cited , justifie any such legiance . but i cannot agree the first ; for it is not true , that the king hath any such power from his own personal interest ; nor doth the authority of former ages warrant any such matter . for a fuller disquisition whereof , i shall refer the reader to the eleventh chapter ensuing , because the whole matter concerning the militia cometh there to be handled in course . fifthly , to close up all the rest , the reporter brings the testimony of the judges of the common law , out of the testimony of hengham ; wherein an action was brought by a french woman against an english man , who refused to answer , because the plaintiff was a french woman , and not of the legiance or faith of england . this was disallowed by the judges , because legiance and faith was referred to england , and not to the king. thereupon the defendant averred , that the plaintiff is not of the legiance of england , nor of the faith of the king : and upon this plea thus amended , the plaintiff gave over her action . the reporter from hence observeth , that faith and legiance is referred to the king indefinitely and generally , and therefore it is so due to him . the reason might have had more force , had the object of allegiance , or the nature thereof , been the point in question ; but neither of them coming to debate , and allegiance being subjected to england , and faith to the king , i see not what more can be concluded from hence , but that allegiance from an english man is due to england , and faith to the king ; which i suppose must be intended to be in order to that allegiance ; because by the former plea england had them both , and the king was wholly left out in the case . nevertheless , i rather think that the present point in controversie will receive little light herefrom on either part . we are now come to the fourth property of english legiance , that it is due to the king 's natural capacity , and not to his politick capacity or due to the office of a king , in regard of the person of the man , and not to the person in regard of the office , fol. . and because this is of no small importance , neither easily understood , nor granted : therefore he backeth his opinion by many reasons . first , he saith , that the king sweareth to his subjects in his natural capacity , therefore the subjects swear to him in his natural capacity . this reason was intended to be taken from relatives , and then it should have been thus : a king doth swear to his subjects in their natural capacity , therefore subjects swear to a king in his natural capacity . but it being otherwise , it is mistaken , and proves not the point . yet if we should take the reporter , in sano sensu , there is no question but the oath is made to the natural capacity ; yet not terminativè , more than the oath of the tenant to his lord , which this author pleaseth to couple with the mutual dependence between king and subject , fol. . b. . a. nor doth the oath of an englishman bind him to the obedience of all , or any commands , which the king shall give in relation onely to his natural capacity , or in opposition to his politick capacity : nor will the reporter himself allow that the politick capacity of the king , can be separate from his natural capacity , fol. . and yet it is evident that a king may in his natural capacity command that , of which his politick capacity cannot give allowance . the second reason of this opinion , is taken from the nature of treason , which saith the reporter is committed against the natural person of the king ; and this is against due legiance , according to the form of indictments in that case provided . this is not demonstrative , because that crime which is done against the natural person of a man , may as well extend to it in relation to his place or office ; and so may treason be plotted against the natural person of a king , as he is king : neither is there any other difference between the murther of a king , and a private man , but only in regard to the place and office of a king , which makes the murther of him treason . for which cause all indictments that do conclude , contra legiantiae debitum , do as well also conclude contra coronam & dignitatem , &c. the third reason is this ; a body politick can neither make nor take homage , . h. . bro. tit . fealty : therefore cannot the king in his politick capacity take legiance . the first must be granted only sub modo : for though it cannot take homage immediately , yet by the means of the natural capacity , it may take such service . and therefore that rule holds only where the body politick is not aggregate , and not one person in several capacities ; for the tenant that performs his service to his lord , performs the same to his lord in his natural capacity , but it is in relation to his politick capacity , as he is his lord. for lord and tenant , king and subject , are but notions , and neither can give nor take service ; but that man that is lord , or tenant , or king , or subject , may ; even as the power of protection is in a king , not as he is a man , but as a king. the fourth reason is this : the king 's natural person hath right in the crown by inheritance , therefore also in the legiance of the subject . this is the strength ( as nigh as i can collect ) of that which is set down as a sixth reason ; but i make it the fourth : because the third , as i conceive , is but an illustration of the second ; and the fifth is upon a supposal of a fides ficta ; whereas that faith of an english subject , which is according to law , is the truer of the twain . but to the substance of this fourth reason : if the first be granted , yet the reporter cannot attain his conclusion ; for the king may in his natural capacity have right to the crown by inheritance , and yet not right in the legiance of his subjects , otherwise than in the right of the crown . as in the case of lord and tenant , the lord may inherit the lordship in his natural capacity , but the service is due to him as lord , and not as by inheritance in the service in the abstract . and though it be granted , that the legiance to a king is of a higher strain than that of a tenant to his lord , fol. . b. . a. yet doth the reporter bring nothing to light , to prove them to be of a different nature in this regard . the fifth and last reason that cometh to consideration , is , from a testimony of the parliament ; for it is said , that this damnable tenet of legiance to the king in his politick capacity , is condemned by two parliaments : but in truth i can find but one under that title , that mentioneth this opinion , and that is called exilium hugonis , which is sum is nothing else , but articles containing an enumeration of the particular offences of the two spencers against the state , and the sentence thereupon . the offences are , for compassing to draw the king by rigour , to govern according to their wills : for withdrawing him from hearkning to the advice of his lords : for hindring of justice , and oppression ; and ( as a means hereunto ) they caused a bill or schedule to be published , containing , that homage and legiance is due to the king , rather in relation to the crown , than absolutely to his person ; because no legiance is due to him , before the crown be vested upon him : that if the king do not govern according to law , the lieges in such case are bound by their oath to the crown , to remove him either by law or rigour . this is the substance of the charge ; and upon this exhibited in the lords house , the lords , super totam materiam , banish them before their case is heard , or themselves had made many appearance thereto . so as to the matter of this schedule ( which contains an opinion suitable to the point in hand , with some additional aggravations ) the parliament determineth nothing at all : but as to the publishing of the same , to the intent to gather a party , whereby they did get power to act other enormities mentioned in the charge . and in relation to those enormities , the lords proceeded to sentence of banishment ; all which was done in the presence of the king , and by his disconsent , as may appear by his discontent thereat , as all historians of those affairs witness . and it is not probable that the king would have been discontented with the proceedings of the lords in asserting the prerogative of a king , in that manner of the schedule , if he had perceived any such thing in their purposes . add hereunto , that the lords themselves justified the matter of the schedule in their own proceedings , all which tended to enforce the king to govern according to their counsels , and otherwise than suited with his good pleasure . by force they removed gaveston from the king's presence formerly , and afterward the spencers , in the same manner : so they removed the king from his throne , and not long after out of the world. last of all , i shall make use of one or two concessions , which hath passed the reporter's own pen ( in this discourse of his ) for the maintaining , that the legiance of an englishman , is neither natural , nor absolute , nor indefinite , nor due to the natural capacity , but qualified according unto rules . the first is this : englishmen do owe to their kings , legiance according to their laws ; therefore it is not natural , or absolute , or indefinite . the inference is necessary : for the latter is boundless , and natural ; the former is limited , and by civil constitution . if any breach therefore of english legiance be bounded by law , then the legiance of an english man is circumscribed , and not absolute , or natural . the major proposition is granted by the reporter , who saith , that the municipal laws of the kingdom , have prescribed the order and form of legal legiance , fol. . b. and therefore if by the common law , the service of the king's tenant , as of his mannor , be limited , how can that consist with the absolute legiance formerly spoken of , which bindeth the tenant , being the king 's subject , to an absolute and indefinite service ? or if the statute-laws have setled a rule , according to which each subject ought to go to war in the king's service beyond the sea , as the reporter granteth , fol. . & . then cannot the legiance be absolute to bind the subject to go to war according to the kings own pleasure . secondly , an english king's protection of his subjects , is not natural , absolute , indefinite , nor originally extendeth unto them in their natural capacity : therefore is not the legiance of an english subject to his king , natural , absolute , indefinite , nor originally extendeth to the king , in his natural capacity , the dependence of these two resteth upon the reporters own words , who tells us , that protectio trahit subjectionem , & subjectio protectionem ; protection draws with it subjection , and subjection draws with it protection , so as they are relata , and do prove mutually one anothers nature , fol. . a. and in the same page ( a few lines preceding ) he shews why this bond between king and subject is called legiance , because there is a reciprocal , and double bond : for as the subject is bound in obedience to the king , so is the king bound to the subject in protection : but the king is not naturally bound to protect the people , because this bond begins not at his birth , but when the crown settles upon him . thirdly , this protection is not absolute , because the king must maintain the laws , fol. . a. and the laws do not protect absolutely , any man that is a breaker of the laws . fourthly , this protection is not indefinite , because it can extend no further than his power , and his power no further than his dominions , fol. . b. the like also may be instanced in continuance of time . lastly , the king's protection extendeth not originally to the natural capacity , but to the politick capacity ; therefore till a foraigner cometh within the king's legiance , he cometh not within his protection : and the usual words of a writ of protection shews , that the party protected , must be in obsequio nostro , fol. . a. the sum then is , that as protection of an english king , so neither is legiance , or subjection of an englishman , natural , absolute , indefinite , or terminated in the natural capacity of the king. and to make a full period● to the point , and make the same more clear , i shall instance in one precedent that these times of edward the third produced . the former english kings had title to many territories in france , but edward the third , had title to all the kingdom . and being possibly not so sensible of what he had in possession , as of what he had not ; he enters france in such a way , and with that success , that in a little time he ●●ns the highest seat therein , and so brought much honour to the english nation ; and more than stood with the safety of the kingdom . for in the union of two kingdoms , it is dangerous for the smaller , lest it be swallowed by the greater . this was foreseen by the english , who knew england did bear but a small proportion to france , and complained of that inconvenience ; and thereupon a law was made , that the people of england should not be subject to the king , or his heirs , as kings of france . which manifestly importeth , that an english king may put himself in such a posture , in which legiance is not due to him ; and that this posture is not onely in case of opposition , but of diversity , when he is king of another nation , and doth not de facto , for that time and place , rule an english king. which if so , i suppose this notion of natural , absolute , and indefinite legiance to the king in his natural capacity is out of this kingdom , if not out of the world : and then the foot of the whole account will be , that the legiance of an englishman , is originally according to the laws ; the sum of all , being comprehended in the joynt safety of the people of england . chap. ix . of courts for causes criminal , with their laws . the great growth of courts founded upon prerogative , derogated much in these times from the ancient courts , that formerly had attained the soveraignty over the people , and in the hearts of them all , this was a hard lesson for them to learn , but especially of the king's-bench , that was wont to learn of none ; and yet must be content to part with many of their plumes to deck the chancellor , much of their work to busie the prerogative courts holden coram rege , and more to those holden coram populo , i mean , the courts of oyer and terminer , goal-delivery , and justices of peace . those of oyer and terminer , were now grown very common , but less esteemed , as being by men of mean regard nominated for the most part by the party that sued out the commission , which for the most part was done in behalf of those that were in danger , and meaned not to be justified by works , but by grace . these escapes , though small in the particulars , yet in the full sum made the matter so foul , as it became a common grievance ; and a rule thereupon set by the parliament , for the regulating both of the judges of such court , and the causes . the commissions for goal-delivery likewise , grew more mean and ordinary : the chief sort of men in the several counties , had formerly the power , but were found to savour too much of neighbourhood and alliance . the leading of the work therefore , is now committed to the judges at westminster , and the other made onely associates to them . but above all , the courts of sheriffs , coroners , & leets , were now grown sowr with age , having attained courses by common practice , differing from oppression onely in name ; and yet were the times so unhappy , as by these courses they had obtained favour and respect amongst the great men , and so gained more power from above , to abuse them below . these men loved to be commissioners of oyer and terminer , and having learned how to make capital offences pecuniary , found-such sweetness , as they used not to be weary of their places , though the country grew weary of them ; and therefore disliking uncertaintes , in such matters of benefit , they cannot rest till they obtain more certain settlement in their places ; some for years , others for life , and some for ever . the disease thus contracted by degrees , the cure must be accordingly : first , the sheriffwicks , much dismembred to please the court-favourites , and fill the kings privy purse , and all raised to the utmost peny of the full , and beyond the just value : a law is made to restore the several hundreds , and wapentakes , to the sheriffs and their counties , and all of them are reduced to the old rent : and it is likewise provided , that none shall execute that place in county or hundred , who shall not then have sufficient lands in that county to answer damages for injustice by them done . and that no sheriff shall serve in that place above one year ; and then not to be chosen again for that service till three years be past : which latter clause was onely a medium taken up for the present occasion , in regard that men of ability became very rare in these times , especially in some of the counties . the election of the sheriff is likewise not to be forgotten ; for though the counties had the election of coroners , in regard they looked that no man should come nigh their bloud but whom they trusted ; yet the sheriff came not so night their skin , nor yet so nigh their free-holds as anciently they had done , for that their power in judicature was much abated , and so not worthy of so high regard ; yet in respect he was still to be a minister of justice , and his place valuable more than formerly , it was holden convenient that such as had the chief power of judicature at westminster , viz. the chancellour , treasurer , chief ●aron , and the two chief justices , should nominate the man that should be their servant ; and in the parliament nevertheless they interposed in that election as often as they saw cause . secondly , as touching causes criminal , which more ordinarily come within the cognizance of these courts . they generally held the same regard in the eye of the law in these times , that they had done formerly ; nevertheless , in two crimes these times wrought diversly , urging the edge of the law against the one , and abating it as to the other . the latter of these is commonly called petit treason , which is a murther destructive to the commonwealth , in an inferiour degree , and at a further distance , because it is destructive to that legiance by which families do consist , and of whom kingdomes are derived . in former times it extended unto the legiance between lord and tenant , and parents and children : but by this law of e. . it is reduced to the legiance onely of man and wife , master and servant , clerk and his ordinary ; the last of which was now lately taken up , and might have been as well laid aside , as divers others were , but that in these times much is to be yielded to the power of the prelacy , who loved to raise the power of the ordinary to an extraordinary pitch , that themselves might be the more considerable . this reducing of treason into a narrower ground , made the regiment of felonies to swell . a hard thing it was in a warring time , for men to conceit themselves well drest , until they were compleatly armed . some used it for a complement , and amongst others , honest men had as good cause to use it , as some that were ill-affected had a bad ; and of the last sort , some did aim at private revenge , though many aimed against the publick quiet . but however the intentions of men thus harnassed might be different , the looks of them all are so sour , that it is hard to know a man for peace , from a man for war. and therefore the people were now so greedy after peace , as they are ready to magnifie or multiply all postures of arm'd men into the worst fashion , being well assur'd that the readiest way to keep themselves from the hurt of such men , is to have none of them at all . but edward the third had more need of them than so , and will therefore allow men to ride armed , but not to troop together , to rob , kill , or imprison any man ; and if any person did otherwise , it should be felony , or trespass , but not high treason . all this was in favour to the people , and yet it was not all ; for when mercy groweth profuse , it becomes cruelty . murther is very incident to times of war , yet is an enemy to the peace , of so high a nature , that though the king's pardon may do much , yet both king and people declare it an impardonable crime , by the common law , and that the king's prerogative shall not extend so far as to pardon the same . this justice done to the party dead , was a mercy to them that were alive ; a means to save bloud by bloudshed ; and not so much by the king's grant , as by his release . one thing more in these cases of bloud the people obtained of the king , which they had not so much by release as by grant , and that was the taking away of englishire , an ancient badge of the imperial power of the danes over the saxons ; and which had either continued through the desidiousness of the saxons in the times of edward the confessor , unto the normans time , or by them taken up again , and continued until these times , that edward the third was so far desirous to declare his readiness to maintain the liberties of the people , as to be willing to restore them where they failed , and in particular took away the manner of presentment of englishire , blotting out the title and clause concerning it , out of the articles of inquiry for the judges itinerant . and thus , whether native or foreiner , all men are now made in death equal , and one law serves all alike . next unto bloud , these times grew more sensible of ravishments than former times had done . for though they had determined a severe penalty against so foul a crime , and made it in the nature of a felony capital , which was enough to have scared any man from such attempts ; yet for the proof of the matter in fact , much rested upon the will of the woman , which for the most part grounded upon self-respects , and private prudence , laboured to conceal that which could not be made whole by revealing ; and by after-consent , skin'd over the sore as to themselves , which corrupted inwardly , and endangered the whole body . to cure which , a law is made to restrain such late connivance in the woman , by depriving her both of her joynture and inheritance , which otherwise had been saved to her by such compliance , as after-consent unto such violations . chap. x. of the course of civil justice during these times . however the course of the law concerning matters of the crown , passed in a troubled wave ; yet in matters of common pleas , it passed in a calm and full channel , as the reports in print do sufficiently witness ; nor was there any change of principles , but onely some alteration tending to a clearer manifestation of the same . i will not touch upon every particular , but onely upon two , which reflect somewhat upon the publick policy ; the one touching the course of inheritance in some particular cases , the other touching pleading in the courts of civil justice . the first of these was occasioned from conjuncture of affairs , the case being such , that edward the third had now gotten himself a new kingdom unto that of england , and must look to maintain that by power , which he obtained by force ; and conducing thereunto , must have continual employment of the english in that service , as being most trusty to his cause . and that it is unreasonable , that such english as had devoted themselves to his service in this cause , and in order thereunto , had transported themselves and their families into those foreign parts , should thereby lose the benefit of lieges in the birth-right of their children born in those foreign parts . upon consideration had thereof , and of a former leading opinion of the lawyers & parliament , a declarative law was made : that all children born without the kings legiance , whose father and mother , at the time of their birth , shall be under the faith and legiance of the king of england , shall have the benefit of inheritance within the same legiance , as other inheritors have . these are the words of the statute , and do occasion a double observation ; one from the matter , the other from the manner of the expression . the subject matter is so delivered , not as an introduction of a new law , but as a declarative of the old , that lay more obscurely hidden , for want of occasion to reveal it ; and the substance thereof resteth onely in this : to enable the children of english natives , born beyond the seas ; not the children of those that are of foreign birth , though within the kings territories in those parts , as the opinion hath been . nor doth any ancient precedent or case warrant the same ; as might be at large manifested , if it might conduce to the end of this discourse . and for the same cause , after this statute , whenas the commons would have had a general naturalizing of all infants born beyond the sea , within the kings segniories ; the same would not be granted , otherwise than according to the former statute , and the common law. that which in the next place concerneth the manner of expression , is this : that a child is said to be born out of the kings legiance , and yet the father and mother at the same time to be of the faith and legiance of the king of england . it seemeth to me , that it intendeth onely those children of english parents , born within the kings territories beyond the seas , because the words ensuing , concerning certification of bastardy of such children , are , that the same shall be made by the bishop of such place , upon the kings writ directed to him ; which could never have passed into those places that are not of the kings territories : and so the issue will be , that the legiance of those born in those parts , though they are leiges to the king , yet they are not of the legiance of the king of england , but as lord of that territory . the other matter to be observed concerning pleading in the courts of civil justice , is this : that whereas anciently , from the normans time , till these times , the pleadings were in the norman tongue , they shall be henceforth in english ; out of an inconvenience , i believe , rather supposed than felt . for though some kind of knowledge of law-terms may be encreased thereby , yet unless that shall be professedly studied , it will breed nothing but notions , and they an over-weening conceit , which many times sets men to suits in law to their own loss ; like some weak influence of the celestial bodies , that are strong enough to stir up humours , but not to expel them , or draw them out . however , even thus in part is the reproach of normandy rolled away , like that of egypt from the israelites at mount gilgal . chap. xi . of the militia in these times . war is ever terrible , but if just and well governed , majestical : the one may excite resistance and defence , but the other conquers before blow given ; because it convinceth the judgment , and so prevails upon the conscience . for that heart can never be resolute in its own defence , that is at war with its own understanding ; nor can such a heart consider such a war otherwise than as divine , and bearing the face of an ordinance of god ; and then how can the issue be unsuccessful ? it is no strange thing for kings to miscarry in their wars , because it is rarely seen that they are under good counsel ; but if a christian counsel miscarry , we may conclude it extraordinary in the efficient cause , and no less wonderful in the issue and end . upon this ground it concerneth a christian nation , not onely in point of honour , but of safety and continuance , to settle fundamental laws of war , against time of war ; as of peace in time of peace . neither was england deficient herein , saving that antient times were more obscure in the particulars , and these days revealed them at such a time , wherein we may say , that edward the third approved himself not onely king of england , but of himself , above the ordinary strain of expectation . for being now become a famous commander and conquerour , having also an army inured to fight and overcome , and so might have given a law ; he nevertheless received the same , submitting both it and himself to the directory of the parliament in making a war with france , which was three to one against him in very respect , but in the title , besides the disadvantage from scotland , that lay continually beating upon his rear . the like may be observed of his war with scotland ; in both which he evidently telleth the world , that he held it unreasonable to enter upon the managing of an offensive foreign war , without the concurrence of the common consent of the people ; and that not onely for the thing it self , but also for his own personal engagement in the service . for a king , though he be the generalissimo , yet is he so from the people ; and his person being of that high value , is not to be exposed to every occasion that may provoke war , without due advice first had with the publick council ; because in his person the people adventureth as well as himself . and in this manner were the wars in france by edward the third , and in scotland , concluded upon debate . in the next place , as touching the arrays of men for war , i find no foot-steps of any power which was claimed as peculiar to the king therein , and acknowledged by the parliament ; but many instances do i meet with in the opposite ; all which do plainly tell us , that the old shifts of jurati and obligati ad arma , could do little either in the calling of men forth , or arming them for the war. but in case of publick defence against foreigners , men were summoned upon their legiance as anciently was used . and this was by both king and parliament fully declared , and all such obligations by writing called in and damned as dishonourable to the king. in foreign service the course was no less regular : if the war was by special direction of the parliament , they likewise ordered the manner of the raising of souldiers , viz. so many out of a county , and so many out of a burrough ; all which are by the express words of the statute said to be granted by the knights and burgesses . but if it was onely upon the king 's particular instigation , and not by order or consent of the parliament , the king in such case being voluntier , all the souldiers were in like manner ; unless some particular law or tenure otherwise obliged them . as touching the arming of souldiers , the law was yet more certain and particular . if the souldiers were men of estate , they were armed according to the ancient rule , asserted by the statute at winton ; or otherwise were especially assessed by the parliament , or by virtue of their tenures . the first of these is confirmed by edward the third in parliament , wherein he willeth , that no man shall be urged to arm himself otherwise than he was wont in the times of his ancestors kings of england . the two latter were likewise confirmed by another law , made in the same kings time , whereby it was ordained , that no man shall be constrained to find men of arms , hoblers , nor archers , other than those which hold by such services , if it be not by common consent and grant made in parliament . by men of arms , meaning those which we now call curiassieres , or compleat armed ; by hoblers , meaning those now called light horse-men . the archers served on foot , and were principally armed with bows , although they had also swords , or other such offensive portable weapons . the first of these concerneth onely the arming of a man 's own person , the other the finding of souldiers , and arming of them , and both together sufficient for the safeguard of the rights and liberties of the people , invaded in those times by commissions of array , and such other expressions of prerogative royal : for as touching the arming of a man 's own person , the statute of edward . formerly mentioned ; is clear in the point . and though the statute of edward . doth not in the latter direct , as touching the finding arms for others , as is urged in his majesty's answer to the declaration of the parliament concerning the commission of array , july . . yet is it therein granted , that a compleat souldier is within the letter of the statute ; and seeing the person of the souldier is not in the power of any private person in such cases to command him to the service , it seemeth clear to me , that the statute must intend the arming of him with compleat arms , and not the armed person of the man. the souldiery thus arrayed , they are in the next place to be called to their rendezvouz ; the knights by summons sent to the sheriff , but the rest by proclamation . if the knights appear not , a fine is set upon them : if others run away from their conduct , a writ issued to the serjeant at arms to apprehend them ; if they were not arrayed , then the recognizances of such as undertook the work , are estreated . all plunder or spoil committed by the souldiers in their conduct , was to be satisfied by the conductor or commander that received their pay , or charges for their conduct . and although the charges for conduct had formerly de facto been defrayed sometimes by the county by virtue of commissions that issued forth , both for the raising and conducting of them ; yet was this no rule , nor did edward the third claim any such duty , but disclaimed it , and ordained by act of parliament , that both the pay and conduct-money , should be disbursed by the king , from the time of their departure from their several counties . for to this end , and for the safeguard of the realm , and for the maintenance of the wars of scotland , france , and gascoign , the king had supply from aids , reliefs , wardship● , marriages , customs , and escheats : nor did the parliament grant any particular aid by the assessment or publick tax , but when they evidently saw the burthen of war to be extraordinary ; as it befel in the conquest of so great and potent a realm as france was . wherein although the taxes were many , yet so well ordered were they , and with that compliance from the king , that the people endured them with much patience , so long as the king lived . lastly , in all these cases of foreign wars ( for of such cases onely these laws are to be understood ) it was especially provided , that no man should be distrained , or urged against his will , to go out of his county . but in case of defensive war , the course was otherwise : for all men in such cases are bound by the law of nature to defend their own country from invasion , in order to the safety of their own estates and habitations . they were arrayed , or gathered together by commission of array from the king , armed according to the laws formerly mentioned , and not by arbitrary order of the commissioners . and by virtue of such commissions , they were drawn forth and led to places where need required . sometimes to one coast , sometimes to another , yet not altogether at the kings pleasure : for the parliament upon occasion set rules of restriction , and generally exempted the north-parts beyond humber , from being drawn southward , and left them as a reserve for the defence of the marches bordering upon scotland ; and sometimes ordered the array should be executed onely in some particular counties , and other times wholly exempted the county adjacent , within six miles of the sea-coast . and because the king might under colour of a defence , array the people , where no such occasion led the way , and command them out of their counties , a statute is made that states the case wherein such array shall be ; the words whereof are variously set forth in the books in print , whether determinatively , or carelesly , i cannot tell ; but all of them to differ in sence one from another , and from the truth . some of the common books have the words thus : none shall be distrained to go out of their counties , unless for cause of necessity , and of sudden coming of strangers or enemies into the kingdom . others read it thus : but where necessity requireth , and the coming of strange enemies into the kingdom . the kings answer to the parliaments declaration concerning the commission of array , would read it thus : vnless in case of necessity , or of sudden coming of strange enemies , &c. but the words in the roll are these : et que nulls ne soient distresses d'aller hors de les countees , si non pur cause de necessity , de suddaine venue des stranges enemies en reyaulme . in english thus , word for word : and that none be distrained to go out of the counties , if not for cause of necessity , of sudden coming of strange enemies into or in the kingdom : which words determine the point . that none shall be by commission of array drawn out of their county , but in case of necessity . and secondly , that this case of necessity , is onely the coming of strange enemies into or in the kingdom ; so as probably the invasion must be actual , before they be drawn out of their counties , and not onely feared ; and it must be a sudden invasion , and not of publick note , and common fame foregoing ; for then the ordinary course , either of parliament or otherwise must , be used to call those that are bound by statute or tenures , or voluntiers , to that service , seeing every invasion is not so fatal as to require a commission for a general array . against what hath been thus noted , the judgement of sir edward coke in calvin's case lies yet in the way , who affirmeth , that the subjects of england are bound by their legiance to go with the king in his wars , as well within the realm , as without ; and this legiance he telleth us , is that natural legiance which , he saith , is absolute and indefinite , &c. and not local ; which if not so , then were not the english bound to go out of england ; an inference that is neither necessary , nor is the thing affirmed certain . it is not necessary , because english men may be bound to go out of england ; by vertue of their tenures , particular contract , or else by special act of parliament , and not by vertue of that natural legiance which in truth is nowhere . now for the maintenance of the point , the reporter alledgeth two statutes affirming the thing , and common practice ; and lastly , authorities of the judges of the common law. as touching the statutes , one in henry the seventh's time , and the other in edward the sixth's time , i shall speak of them in the succeeding times , when we come at them , for they are no warrant of the law in these times whereof we now treat ; much less is the modern practice of these later days , a demonstration of the law in the times of edward the third , nor of the nature of the law in any time , seeing that it is obvious to times , as well as particular persons , to do and suffer things to be done which ought not so to be ; and therefore i shall for the present lay those two considerations aside . but as touching the opinions of the judges of the common law , two cases are cited in the affirmative , which seem in the negative ; and the rest conclude not to the point . the first of the two cases , is the opinion of justice thirning in the time of henry the fourth , word for word thus : a protection lies for the defendant in a writ upon the statute of labourers , and yet the defendant shall not have such matter by way of plea , viz. that the king hath retained him to go beyond the sea : for the king cannot compel a man to go out of the kingdom ; that is ( as the reporter saith ) not without wages ; intimating thereby , that if the king shall tender wages to any man , he must go whither the king shall please to send him ; which is not onely destructive to the opinion of thirning concerning the plea , but also ( though granted ) is destructive to the reporter's judgement in the main point . for if an english man may refuse to go without wages , then is he not bound to go by any natural absolute legiance , as the reporter would have it . and as touching the second case , which is bigot's and bohun's case , it cleareth the same thing ; for it was resolved , that they ought to go but in manner and form according to the statutes ; then is not the ground in the absolute legiance , for that is not qualified but in the positive statute-law , which tieth onely in manner and form , and that by voluntary consent in parliament . the rest of the cases do neither conclude the main point , nor the particular thing that the reporter intendeth : for he would imply to the reader , that english men were anciently used to be imprested for the wars in france : and hereunto he voucheth one authority out of ancient reports of law in edward the third's time , one anthority in the time of henry the fourth , and three in the time of henry the sixth ; none of all which do speak one word concerning impresting . and that in edward the third doth imply the contrary ; for the case is , that in a praecipe quod reddat , a protection was offered by the defendant , as appointed to go beyond the sea with the duke of lancaster ; and the plaintiffs counsel alledged , that the defendant had been beyond sea with the duke , and was returned . to this the defendant's counset answered , that the duke was ready to return again ; and for this cause the protection was not allowed . yet a quere is made upon this ground , that it might be that the defendant would not go over with him , nor was it proved that he would ; which sheweth plainly , the party was not imprested ; for then the thing had not been in his power to will or nill . the last instance that the reporter produceth , is that of forinsecum servitium , or foreign service , and that seemeth to be knight-service to be performed abroad . but this falleth short of the reporter's intention in three respects . first , though it belongeth to the king , yet not to him onely , but to other chief lords ; so saith bracton . secondly , it is not due from every english man. and lastly , it is a service due by vertue of tenure , and then the conclusion will be , that which is due by tenure of lands , is not due by natural and absolute legiance : and so this foreign service arising meerly by compact and agreement between lord and tenant , and not by the natural duty of an english-born subject , ( which is the thing that the reporter drives at in all his discourse ) will be so far from maintaining the reporters opinion , as it will evidently destroy the same . and thus the posture of this nation in the field remaineth regular in the rule , whatever hath been said against it ; notwithstanding that in the very instant of action there may be some irregularity , which no doubt both was , and ever will be , in stormy times . nor did it conquer the law : for though war may seem to be but a sickness of the state , yet being in truth , as the vltimum refugium , and onely reserve unto law , beaten to a retreat by opression ; it is no wonder if this motion , or rather commotion , that brings on the law of peace in the rear , be still and ever subject to rule of law , how unruly soever it self seemeth to be . now because law imports execution , and that presupposes a trial , and it a court ; therefore did our ancestors ( amongst other courts not regulated by the common law ) form a court for the service of war , called the court-marshal , or the constables court , according as the office of one or the other had the preheminence . the proceedings herein were ordered , as i said , not accordiag to the common law , for that is like the land , much distant from all other nations ; and the negotiation of this island with other nations ( as in time of peace , so of war ) requires a rule common to all those nations , or otherwise no negotiation can be maintained . and for this cause the proceedings in this court were ever according to the rule of the civil law. the work of this court is principally judicial , and in some cases ministerial . the first reflects upon cause foreign and domestick , and both of those are either criminal , and such as concern the common peace of the place of war , or more civil , relating onely unto private interest . as touching the first of these , i suppose it is no bull , to speak of a common peace , in the place of war. for a common peace must be in each party within it self , or otherwise no party at private variance can subsist within it self , much less make war with the other ; and therefore in order unto war , there must be a law of peace , for the trial of offenders , and punishing them for offences committed against the good government of the war : such as are breaking of ranks , deserting the standard , running away from the colours , mutinies , murthers , rapes , plundering-private quarrels , disobedience to command , and such-like ; all which do bear the shew of crimes against the common peace of the army and the country . of the second sort , are matters concerning quarter , and contracts in order to the government of the war , saving such as are made before either part be inrolled for the war. for if a man doth covenant to serve in the war , and keepth not his day at the first rendezvouz , he is to be attached by writ at the common law. causes domestical likewise fall under the like division : for whatsoever cause may be forein , may also be domestick ; because the army is ever embodied within the kingdom , and must be under the directory of the martial law upon the first forming thereof . now though the particular laws of the army , for the government thereof , be ordinarily according to the prudence of the general , yet certain fundamentals have been ab antiquo , made by custom , and the parliament , against which the course of judicature must not go . and as the parliament saw need , it set also particular directions ; as for the payment of souldiers wages for remedy of wastings and plunderings in their own country , and other such emergencies . but the execution of all these laws originally was in the marshal of the army . and because that the army was generally dissolved , or such persons engaged in such matters of controversie departed from the army before the same were concluded , therefore the marshals court continued , in order to the determining of these matters . and in continuance of time , other matters also crowded into that society , although sometimes under the directory of the constable of england , as well as at other times under the marshal ; more particularly , that power of determining matters concerning torniament ; a sport that like a sarcasm tickles the fancy , but wounds the heart ; and being of as little use in a commonwealth as of benefit , therefore is laid aside ; nor need i to speak any more concerning it . there is one thing more somewhat like a torniament , but that it is in good earnest , and that is called duel . this cometh likewise within the cognizance of this court , but in a ministerial way , and as subservient to the common law , in cases of appeal and right . hereof needs likewise little more than the naming , and therefore i shall leave the reader , that would understand the particular managing thereof , unto the discourse compiled by the duke of gloucester in richard the second's time . lastly , as touching the antiquity of this court , though it may be great , yet the power thereof was doubtful , and scarce taken notice of in any publick act of state , till about these times ; whenas a complaint was made by the commons for the encroachment of that court upon the liberty of people , and bounds of the courts of common law. nor is it strange , that such unquiet times brought forth such precedents ; but much more strange , that the common law held up its head against such violent irruptions of war. chap. xii . of the peace . you have seen the kingdom in armour , now see it in robes , and you will say that its majesty therein is as grave , as it was in the other brave . it is true , the tempers are so contrary , as it may be wondred how one and the same should be wise and willing for both : but when god will do much , he gives much , and can make a people as one man , like unto caleb , fitted both for war and peace . besides , the times were now much conducing hereto . it is vain to endeavour to allay humours in the body which are maintained by agitation ; they must be purged out , or the whole will still be endangered : and therefore , although kings hitherto did endeavour to establish a peaceable government , yet being led by ill principles of private interests , they laboured to little purpose . but now the scene is altered , and one wise moderate king , that was as wise as valiant , did more than they all . and first set a rule upon his own desires , contenting himself with the condition of an english king ; and then upon his people , making them contented with the condition of english men . the order herein was no less observable ; for the former wrangling times having trained up the mindes of men in a tumultuous way nor could they skill to pace in the steps of peace , the king led them into foreign parts to spend their heat , till being either weak or weary , they are contented to return home , and study the happiness of a quiet life . these men thus ordered , the rest at home are made more cool , like a body after physick , and all are now contented to submit to law and magistracy . 〈◊〉 fitting time now it was for justices of peace to come upon the stage in their best garb . for though the work was more ancient , yet like some loose notes laid aside in several places , it was not to be found , but at a distance , and after long delay . but edward the third sums up all into one brief , and brings a compleat model thereof into the world for future ages to accomplish , as occasion should lead the way . the course was now established to have justices setled in every county , there to be resident and attending that service . first , they were named guardians , or wardens of the peace ; but within a few years altered their title to justices . first , they were chosen out of the good and lawful men of each county : after that , they were two or three chosen out of the worthiest men , and these were to be joyned with lawyers . then was one lord , and three or four in each county of the most worthy men , adjoyned with lawyers . afterward , in richard the second's time , the number of the justices in each county might attain to the number of six , and no steward of any lord to be admitted into the commission ; but within half a year all is at large , so be it that the choice be out of the most sufficient knights , esquires , and gentlemen of the county . again , within two years , the number in each county is set at eight ; yet in all these the judges and serjeants were not reckoned , so as the work then seemeth not so much as now a days , although it was much of the same kind ; and yet it grew up into that greatness which it had by degrees . before they were setled by edward the third , there were custodes pacis , which might be those whom we now a days call the high constables of the hundred , whose work was purely ministerial . afterward , about the second year of edward the third , the guardians of the peace had power of oyer and terminer , in matters of riding armed , upon the statute edw. . after that , they have power of enquiry by indictment in certain cases ; within four years after , they have power of oyer and terminer in cases of false jurors , and maintenance : and about ten years after that , they obtained like power in matters of felony and trespass . the way of commissions in case of life and member , thus opened , another occasion of commission offers it self for a determinative power , in case of offences against the statute of labourers ; and the cognizance hereof is soon setled upon commissioners in the counties specially chosen for that service ; which questionless , as the times then stood , was as commendable work as it was necessary . for souldiers were so many , that labourers were very few ; and those that once are accustomed to arms , think ever after meanly of the handicraft ; nor will they ever stoop thereto , after their spirits are once elevated by mastery of adventures . and secondly , those few labourers that remained of the sword , plague , and other disasters of these wasting times , understood their advantage , and set a value upon their labours , far above their merit ; apprehending that men would rather part with too much of a little , than to let their work lie still that must bring them in all they have . but these commissioners lasted not long , though the work did . the justices of peace are looked upon as meet for that service ; and it is a vain thing to multiply commissions , where the work may be done by one , that before this time had obtained an additional cognizance of all causes of riots , batteries , wandering dangerous persons , and offences in weights and measures , and in purveyance . to them , i say , all this work concerning labourers is also committed by the parliament ; and herewith a way was laid open for crimes of greatest regard under felony , to be determined by trial in the country , according to the course of common law. the issue of all which was , not onely ease to the people , but a great escape from the rigour of the council-table in the star-chamber , and the kings bench at westminster , on the one side ; and also from the gripe of the clergie on the other ; who hitherto held the cognizance of the markets in weights and measures to themselves . this model so pleased all men , that richard the second , that was pleased with nothing but his own pleasure , gave unto the justices of peace yet further power to execute the statute at northampton against riotous ridings , and to settle the wages of labourers and servants , to punish unlawful huntings by the meaner sort of people , and regrators of wool , false weights in the staple , unlawful wearing of liveries , and unlawful fishings contrary to the statute at westminster . thus was the power of justices of peace grown to that heighth in these and other things , that it undermined , not onely the council-table and kings bench , but the commissions of gaol-delivery and of oyer and terminer ; so far forth , as their work was much less than formerly . for neighbours , in cases of crime , are better trusted with the lives and estates of men , than strangers ; so as in all this , the people are still the gainers . the manner of judicature by these justices of the peace still remains : nothing appears by any statute in these times , that one justice of the peace might do alone , but record a forcible detainer ; although questionless , in point of present security of the peace and good behaviour , by the intent of the statutes he might do many things ; but in cases of oyer and terminer all must be done in publick sessions , which the justices of the peace had power to hold by commission onely , until the thirty sixth year of edward the third ; and ever after that , they held their sessions by vertue of the statutes , and had power to determine divers things in their sessions according to discretion . these were remedies after the fact ; now see what preventing physick these times afforded . one thing that much irritated the spirits of men into discontents , was false news , or slanderous reports , raised and spread amongst the great men . for in these times the lords were of such a considerable power , as the vexation of one lord , proved the vexation of a multitude of the meaner sort . and though the statute of westminster the . formerly had provided against such tales , yet it touched onely such as concerned discord between the king and people , although by implication also it might be construed to extend further . but richard the second , willing to live in quiet , that he might enjoy his pleasure , would have the people know their duties in plain words , and agreed to a law , that all such as published such false news , tending to sow strife between the great men , should be imprisoned until the first mover was found ; and if he were not found , then the relator should be punished by advice of the council : so much power was then given to the council , whatever it was . thus the seed was choked , or was so intended to be , though every passion was not thus suppressed . for some angers conquer all fear , and will hold possession come what will. in the next place therefore , provision is made against the first actings in sorting of parties by tokens and liveries ; utterly inhibiting the meaner sort of the people from giving of liveries to maintain quarrels , upon pain of fine and imprisonment , and the trial to be before the justices of assize ; which it seems was in affirmance of former laws , as by the preamble of the statute doth appear , though the laws themselves are not extant . about fifteen years after , it was by sad experience found that the lords maintained quarrels by multitude of liveries ; and therefore another law was made , inhibiting the lords to give liveries to any but their menial servants : and it is ordered , that the justices of the peace shall make enquiry of such offences , and punish them according to their discretion . a third prevention was provided against gathering together of parties , after they are sorted : for the humours may so abound , as nothing will keep them in ; they must either break out into a sore , or a long sickness of state will certainly follow . to this end therefore , the statute made at northampton is again revived , expresly forbidding all persons to ride armed , unless in some particular cases ▪ of executing justice , or guarding the person of the king , or his justices , and suchlike . and if men will be so adventurous as to out●dare law by publick force , troopings together , and riotous ridings , another course is taken , not by commission of the peace , but rather of war , directed unto valiant persons in every county , and they have power thereby to apprehend such offenders , and imprison them until the gaol-delivery , though no indictment be found thereof , until the gaol-delivery shall be . by this commission therefore power is given of posse comitatus , in nature of a commission of array , with an additional power of fighting and destroying ; so as though the king granteth the power by the commission , yet the parliament giveth the power to the commission ; and be it a commission for peace , or war , it is originally from that power . the fourth and last prevention , was the taking away means of continuance and supporting such riotous ways , viz. castles and gaols out of the custody of private hands , and restoring them to their counties . for gaols and castles are taken promiscuously for places of security , in times of peace to keep ill persons from going out , and in times of war from getting in . amongst these , some belonged to the king , and were committed to such as he favoured , who commonly ( in such times of oppression and violence ) grew too big for justice , usurping a gaol delivery , and making such places of strength , many times , even to the innocent , a prison to keep them from the law ; but unto guilty persons , an asylum to defend them against the law. and these thus belonging to the king , were under no law , but of prerogative ; whereas other castles of private persons were under the yoke of the statute , e. . for remedy of all which , the kings castles are once more returned to the sheriff's custody , by act of parliament ; who questionless have the power to dispose of all places of strength , whether in order to peace or war ; and could not dispose them into a more safe and indifferent hand than the sheriff's , who is as well the king's officer , as the kingdoms servant ; and much intrusted by the law , in the execution of its own power . and thus is this nation now prepared for a setled peace ; a condition that is long in ripening , and soon rotten , unless it be well fenced and over-awed by a good conscience . but richard the second was neither so good , nor so happy ; his heart affected to be high , but his head could not bear it ; he turns giddy , and runs far wide . those that would reduce him , he enforces into foreign countries ; and himself holds on his career over hedge and ditch into ireland ; where under pretension of holding possession of that kingdom , he lost england : and whilst he plays his game in that country , another plays king by your leave , in this , and steps into the throne ; teaching the king thereby this lesson , though too late ; that non-residency is dangerous for a priest , but unto a prince fatal , unless his subjects be fast to him when he is loose to them . chap. xiii . a view of the summary courses of henry the fourth , henry the fifth , and henry the sixth , in their several reigns . he that played this prank , was the banished duke of hertford , son of john of gaunt , and by his death now become duke of lancaster by title ; and as the times then were , it proved not hard to get more . for in uncertain commonwealths , it is an easie thing for a man of opinion , that hath less than his due , to get more than he ought . as son of john of gaunt , this duke had the peoples good wishes : he ( a wise and a brave man , and under oppression ) gained the more upon the people , by how much they love brave men , and compassionate such as suffer wrong ; especially from such persons from whom they all found the like measure . all these concurring with the king's absence , invited the duke to adventure himself upon the influence of the peoples favour , to gain his own right , and what more the people would allow him ; and if no more , yet his honour is saved ; he came for his own , and attained his end . thus then he comes over without army , or foreign power , or other help , saving the advice and interest of archbishop arundel , who was his companion in suffering , partner in the cause , and no less welcome to the clergie , than the duke himself was to the people ; and so gained power to the duke , though he brought none . upon their arrival , the aspects of all are benign , the dukedom waits for him ; and in that , as in a mirrour , he beholds the way fair and easie ; yet further , it pities him to see the kingdom so torn in pieces and spoiled . the people knew him able , and hoped him willing to amend all : they offered him their service ; which he accepts , and therewith the crown . so hard a thing it is for to put a stop to a conquerour in his career . by this time was the duke of hertford thus become duke of lancaster , and king of england , under the name of henry the fourth , by a design that in the proof was more easie than commendable : and which being effected , cost more skill to make that seem fair which was so foul , than to accomplish the thing . he therefore first heaps together titles , enough to have buried the clamour of usurpation , if it would have succeeded . conquest was a title freest from dispute whilst power holds ; but it looks better from a foreign enemy , than one sworn to the english crown ; and therefore after that had served his turn , he disclaimed it ; as that which was , though meet enough to have , yet unmeet to hold . his right by designation from his predecessor he glanced upon , but durst not adventure it too deep into the peoples consideration , whose ancestors had formerly over-ruled the case against king john. he then stayed upon a concealed title from a concealed son of henry the third , of whom they who listed might be perswaded , but few believed the thing , nor did himself ; but thence takes his slight up to a jus divinum , or some hidden fate that called him to the work ; but even there his wings failed him , and so he falls flat upon the peoples election , de bene esse . some of these , or all together , might make title enough for a great man that resolved to hold by hook , what he had got by crook ; and therefore trussing them up all together , he enters his claim to the crown , as coming from the bloud royal from king henry , and through the right that god his grace hath sent me ; with the help of my kin and friends to recover the same , which was in point to be undone for want of good governance , and due justice . the extract of all is , that he was chosen by the people and parliament then sitting . and albeit that by the resignation of richard the second , the parliament might seem , in strict construction of law , to be expired , together with the kings power who called them together ; yet did not that parliament so apprehend the matter , but proceeded not onely to definitive sentence of deposing him , but declared themselves by their commissaries , to be the three states , and representative of the people of england ; maintaining thereby their subsistency by the consistence of the members together , although their chief was for the present like a head in a trance , till they had chosen henry the fourth to succeed in the throne ; by this means preventing the conceit of discontinuance in the very bud of the notion . much like his entry was his continuance , a continual tide of foreign and domestick war and conspiracy , enough to exercise his great courage ; although he was more wise than warlike , being loth to take up arms ; ( for well he knew , that a sick title never sleeps but in a bed of peace ) and more loth to lay them down : for besides victory , whereby he gained upon his enemies in time of war , he knew how to make advantage of them in time of peace , to secure his friends , to keep others in awe , to enforce such laws as stood with reason of state , and the present posture of affairs ; and where laws failed , to fill up the period with dictates of his own will. and upon this account the product was a government full of ulcers ▪ of bloudshed , without regard of persons , whether of the lay or religious order , without legal trial , or priviledge of clerk. so was archbishop walden dethroned , archbishop scroop put to death , and dukes were dismounted without conviction or imputation , saving of the kings displeasure . taxes multiplied , although begotten they were upon the parliament , like some monstrous births shewn to the world , to let it know what could be done ; but concealed by historians , to let it know what may not be done . yea , the priviledges of parliament invaded in point of election : a thing that none of his predecessors ever exemplified to him , nor none of his successors ever imitated him in . nor had he purposed it , but that he was loth the people should know more of the government than needs must . to keep off foreign troubles , he made peace with france for longer time than he lived ; yet was ever infested with the sword of st. paul , in behalf of richard the second's queen ; and with the factions between the houses of orleans and burgundy , in which he had interested himself to preserve the foreign neighbourhood in parties one against another , that himself might attend his own security at home . he would have moved the scots , but they were already under english banners ; nor could he reach so far , having so many enemies even in his own bosom . the welsh were big with antiquity , and mountains of defence ; they begin to bethink themselves of their antient principality , hold the kings arms at hard duty , till by laws enacted in parliament , they lost their liberties of bearing office ministerial , or of judicature , of holding castle , of convention without the kings license , yea , of purchase ; and by degrees were brought down from the height of a free principality , to be starved in their power , and inferiour to a free people . and thus the welsh on the one side , the discontented lords on the other , and mortimar's title in all , so busied the king , as though he lopped off the tops as they sprang up , yet they sprang forth as they were lopped ; nor was it the kings lot all this while to find out the root of all , or to strike at that . lastly , when time had made all troublers weary , yet he still sits upon torns ; he was jealous of his subjects , jealous of his son , yea , jealous of himself : it being ever the first and last of his thoughts , how to keep his crown . for the most part of his reign , he was troubled with the walking ghost of richard the second ; ever and anon he was alive , he was here , he was there , and so the peoples minds were always kept at random ; but when all these spirits are conjured down , richard the second's ghost is yet within henry's own breast . so ruled henry the fourth , an unhappy confident man , that durst undertake more than he would , did more than he ought , was successful in what he did , yet never attained his end , to be sure of his crown , and quiet of mind . for a plaister to this sore , he turned somewhat towards religion ; but shewed it more in zeal to church-men , than in works of piety : and therefore may be thought to regard them rather as his best friends in right of archbishop arundel , than as in relation to religion . yet , as if he overlooked that , he desires their prayers , becomes a strict observer of superstitious rites , is fiery zealous against the lollards , intends a journey into the holy land , and war against the infidels ; the common physick of guilty kings in those days . briefly , he did will to do any thing , but undo what he had done ; and had done more , had his journey to the holy land succeeded . but ( whether hastned or delayed by a prophecie of the ending of his days , falls not within my pen to censure ; ) entring upon the work he died , in the beginning of his purposes , in the midst of his fears ; never came to the holy land , and yet yielded up his last breath in jerusalem . the parliament was then sitting , and was witness of the death of henry the fourth , as it had been of his entrance upon the throne , as if purposed to see the course of the crown in the doubtful current between the two houses of lancaster and york ; and to maintain their own honour , in directing the scepter according to their warranty upon a late intail by act of parliament . yet did not all rest upon this : for the heir of henry the fourth was a man every inch of him , and meant not to moot upon the point : his father died a king , and he his heir had the crown , and was resolved to hold it . a rough young man he had been formerly , and bold enough to out-face small doubts in point of succession ; for he could ( for need ) out-face common civility it self . this might have lien in his way ; for he that cannot govern himself , can much less govern a kingdom . yet a hidden providence concluded quite contrary , and rendred him a clear testimony of a strange change by the anointing oyl , like that of saul , that forthwith had the spirit of another man. so though not hammered thereto by affliction , as was edward the first , yet was he his parallel in government , and superiour in success . being seated in the throne , all men thought it dangerous to abide the adventure of the turn of this kings spirit . the clergie had but yesterday tried the mastery with the laity , and gained it but by one vote : there was no dealing with the clergie whilst archbishop arundel lived , nor with him whilst henry the fourth lived , or his merits were in memory ; but now they both are dead , the clergie and the laity are upon even ground . this might make the clergie now not over-confident : the lords looked on the king as a man like enough to strike him that stands next . the wise men saw he would be doing ; all men were tired with intestine quarrels ; and jumped in one , that he that would be in action , should act abroad ; where he might get renown , and a purchase big enough for his spirit . scotland was a kingdom yet incompetent to the king's appetite . france was the fairer mark , and better game ; and though too big for the english gripe , yet the eagle stooped , and sped himself so well , as within six years he fastned upon the sword and scepter , and a daughter of france , and might have seized the crown , but chose to suffer a blur to lie upon his title derived from edward the third , rather than to incur the censure of arrogancy over a stooping enemy , or to pluck the fruit from the tree before it was fully ripe ; which in time would fall ●nto his lap by a better law than that of the sword : otherwise it might be well conceited , that he that hath both right and power , and will not seize , disclaims . besides , the king was as well inheritor to his father's fate as crown : still he had success , but the end was so far distant , that he died in the way thereto . the brave dauphine of france maintaining war ( after his father the french king had yielded up the bucklers to henry the fifth ) till henry the fifth died , and the english did forgo what they had formerly gotten in france by the sword of that great commander . nor did the english gain any thing in the conclusion of this war , but an honourable windy repute of being one of the five chief nations of christendom , ( if honour it be to be reputed amongst the nations ) a conquerour of france , the chief leader unto the dethroning of three popes at once , the election of pope martin , and of giving a cure to that deadly wound of the popedom which had spent the bloud of two hundred thousand mens lives lost in that quarrel . these foreign engagements made the king less sollicitous of the point of prerogative at home ; and the rather , because he knew the way to conquer his private enemies arms , and his subjects hearts ; without loss of honour in the one , or reverence in the other . he loved justice above the rank of his predecessors , and in some respects above himself ; for he advanced gascoign for doing justice , though to the king 's own shame . he liked not to intrude himself into elections , and therefore , though requested by the monks of canterbury , he would not nominate a successour to archbishop arundel , but left the whole work to them . in the authority of his place he was moderate , and where his predecessors did matters without the lords consent ; when he made his unkle the marquiss of dorset , duke of exeter , and had given him a pension to maintain that honour , he asked the lords consent thereto . to the clergie he was more than just , if not indulgent ; led thereto by his father's example , as being wrapped up in the same interest as i conceive , rather than out of any liking of their ways , now growing more bold upon usurpation than in former times . or it may be , that having prevailed in that work in france , which to any rational man must needs appear above the power of the king , and all the realm of england ; he looked upon it as more than humane , and himself as an instrument of miracles . and was stirred up in his zeal to god , according to his understanding in those dark times , to give the clergie scope , and to pleasure them with their liberty of the canon-law , that began now to thunder with fire and terrour in such manner , that neither greatness nor multitude could withstand the dint ; as was evidenced in that penance inflicted upon the lord strange and his lady in case of bloud-shed in holy ground ; and their hot pursuit of the lord cobham unto a death of a new nature , for somewhat done which was sometimes called treason , and sometimes heresie . and thus became henry the fifth baptized in the flames of the lollards , as his father had sadly rendred up his spirit in the same . i say , in this he is to be looked upon as one misled for want of light , rather than in opposition against the light : for in his last will , wherein men are wont to be more serious and sincere , amongst his private regards , he forgets not to reflect upon religion to this purpose . we further bequeath ( saith he ) to the redundant mercy of the most excellent saviour , the faith , hope , and charity , the vertue , prosperity , and peace of the kings our successours , and of our kingdom of england ; that god for his goodness sake would protect , visit , and defend them from divisi●●s , dissentions , and from all manner of decitfulness of hereticks . and thus the piety , justice , and moderation of henry the fifth , adorned and crowned the honour of his courage and greatness , with that honourable title of prince of priests : and had he been blessed with a clearer light , he might as well under god have obtained the title of prince of princ●s , wanting nothing that might have rendred him a precedent of fame . but the time is now come , that the tide of england's glory must turn , and the sudden conquest in france by henry the fifth , not unlike the macedonian monarchy , must disgorge it self of what it had hastily devoured , but never could digest . three things concurred hereunto ; one dangerous , the other two fatal to the flourishing condition of any nation . first , the king is a minor in the least degree that ever any prince sate on english throne . he entred thereinto , neither knowing what he did , nor where he was ; and some say , he sate therein in his mothers lap : for his life had been more in the womb than abroad . a sad presage of what followed ! for many men think that he was in a lap all his days . nor are the chief men to be blamed herein : for it is a certain truth , that it is much better that the election of a king should be grounded upon a rule that is known , though it be by descent of inheritance , than upon none at all . for if a child should succeed , or a lunatick , yet where the principle of government resteth upon the representative of the people , there is the less cause of complaint ; the government being still the same , both for strength , wisdom , and uniformity , though it may be the nation not so active and brave : for a commonwealth can admit of no minority , though a monarchy by descent may . secondly , this deficiency in nature might have been supplied , but that these times were unhappy in the great power of the lords ; to please whom , the government is parcelled out into two shares : one is made protector of the king's person , the other protector of the kingdom ; too many by one : for let their persons be never so eminent for abilities , if they be not as eminent for humility and self-command , their hearts will soon over-rule their heads into a faction . and therefore though the earl of warwick was a wise man , and the duke of gloucester a wise man , yet the earl of warwick with the duke of gloucester , were not wise . on the other side , the protectorship of the king's person being in the duke of exeter , and that of the realm in the duke of gloucester , things succeeded passing well ; for they both had one publick aim , and the duke of exeter could comply with the spirit of the duke of gloucester , who otherwise was not so pliant . but after five years , the duke of exeter dying , and the government of the king's person devolving to the earl of warwick , who sided with the proud cardinal of winchester against the duke of gloucester , and so not onely consumed the rest of the kings non-age in a restless disturbance of affairs , but also despoiled henry the sixth of the spirit of a king for the future , and so the kingdom of a king. for it was not the condition of henry the sixth , to be endowed with a spirit of such height , but might well have been led by advice , and needed not the earl of warwick's rugged brow to over-look him ; who was not content to have the king onely attendant upon his advice , but must likewise have him under his rod , to be corrected for his faults ; and that by a commission under the king 's own hand , and seal , dated in the eleventh year of the king's reign : and so under colour of curbing , he killed that spirit in the king , which otherwise doubtless had both spirit and pride enough to act himself above his due height , and could not have been so long a child , and so little a man as he was . it is very true , that henry the fifth by will , seemed to countenance his brothers ; and it cannot be denied but the duke of gloucester was of such noble parts , that they could hardly dilate in any work inferiour to the government of a kingdom . nevertheless , to yield much to the will of a diseased king in such cases , is as ill a preceden● as the making of a king by adoption . and it had been better for the people to have adhered to the duke of gloucester alone , than by joyning him with another , bring into a precedent such a luxuriant complement of state , as a protectorship of a kingdom , which is of such little use to a commonwealth , and of so bitter fruit to the party , as must needs bring repentance when it is too late . for he that can manage the protectorship of a realm , without anger of good men , or envy of bad men , is fitting to live onely with angels , and too good for the world. nor did the duke of gloucester meet with better measure how wise soever he was , and truly devoted to the good of the realm . for after four and twenty years government , so wisely and faithfully carried on by him , that justice it self could not touch his person ; unjustice did , and he received this reward from his nephew henry the sixth , that he died in the dark , because the cause durst not endure the light . now is henry the sixth perswaded that he is of full age , he had laid aside his guardian the duke of gloucester ; but forgetting to sue out his livery , he betakes himself from the grace of god , into the warm sun , ( as the proverb is ) changing the advice of a faithful experienced wise counsellour , for the government of an imperious woman , his queen : who allowed him no more of a king , than the very name ; and that also she abused , to out-face the world. and after she had removed the duke of gloucester out of the way , undertook the sway of the kingdom in her own person , being a foreigner , neither knowing nor caring for other law than the will of a woman . thus the glory of the house of lancaster goes down , and now a star of the house of york appears in the rising , and the people look to it . the queen hereat becomes a souldier , and begins the civil wars between the two houses , wherein ( her english party growing wise and weary ) she prays aid of ireland ; a nation that like unto crows , ever wants to prey upon the infirmities of england . the wars continue about sixteen years by ●its , wherein the first loss fell to the english party , the pretensions being yet onely for good government . then the field is quiet for about four years ; after which , the clamour of ill government revives , and together therewith a claim to the crown by the house of york is avouched . thereupon the wars grew hot for about four years more ; and then an ebb of as long quiet ensues . the tide at last returns , and in two years war , ends the quarrel , with the death of fourscore princes of the bloud-royal , and of this good man , but unhappy king. unhappy king , i say , that to purchase his kingdoms freedom from a foreign war , sold himself to a woman , and yet lost his bargain , and left it to observation , that a conscientious man that marries for by-regards , never thrives . for france espied their advantage ; they had maintained war with england from the death of henry the fifth , with various success . the duke of bedford being regent for the english ; for the space of fourteen years mightily sustained the fainting condition of the english affairs in those parts ; and having crowned his master henry the sixth in paris , in the ninth year died ; leaving behind him an honourable witness , even from his enemies : that he was a brave commander , a true patriot , and a faithful servant to his lord and brother henry the fifth , and to his son henry the sixth . but now the duke of bedford is dead ; and though france had concluded a peace with the english , yet they could not forget the smart of their rod , but concluded their peace upon a marriage to be had with a woman of their own bloud and interest . and what they could not effect by arms in th●●r own field , they did upon english ground by a feminine spirit , which they sent over into england to be their queen ; and in one civil war ( shedding more english bloud by the english sword , than they could formerly do by all the men of france ) were revenged upon england to the full , at the english-mens own charge . for what the english gain by the sword , is commonly lost by discourse . a kingdom is never more befooled , than in the marriage of their king : if the lady be great , she is good enough , though as jezabel , she will neither reverence her husband , obey her lord and king , nor regard his people . and thus was this kingdom scourged by a marriage , for the sin of the wise men , that ( building upon a false foundation ) advised the king in the breach of contract with the earl of arminiack's daughter . and thus the king also , for that hearkning to such counsel , murthered the duke of gloucester , that had been to him a father ; yielded up his power to his queen , ( a masterless and proud woman , that made him like a broken idol without use ) suffered a recovery of his crown and scepter in the parliament from his own issue , to the line of york ; then renewing the war ( at his queens beck ) lost what he had left of his kingdom , country , and liberty ; and ( like the king that forgot the kindness of jehojada ) lost his life by the hand of his servant . chap. xiv . of the parliament during the reigns of these kings . the interest of the parliament of england is never more predominant , than when kings want title or age. the first of these was the case of henry the fourth immediately ; but of them all , in relation to the pretended law of the crown : but henry the sixth had the disadvantage of both ; whereof in its due place . the pretended law of the crown of england , is to hold by inheritance , with power to dispose of the same , in such manner , by such means , and unto such persons as the king shall please . to this , it cannot be denied , divers kings had put in their claims , by devising their crown in their last will : but the success must be attributed to some power under god , that must be the executor when all is done ; and which must in cases of debate concerning succession , determine the matter by a law best known to the judge himself . not much unlike hereunto , is the case of henry the fourth , who like a bud putting up in the place of a fading leaf , dismounts his predecessor : first , from the peoples regard , and after from his throne ; which being empty , sometimes he pretended the resignation of his predecessor to him , other whiles an obscure title by descent ; his conscience telling him all the while , that it was the sword that wrought the work . but when he comes to plead his title to foreign princes by protestation , laying aside the mention of them all , he justifies upon the unanimous consent of the parliament , and the people , in his own onely person . and so before all the world , confessed the authority and power of the parliament of england , in disposing of the crown in special cases , as a sufficient bar unto any pretended right that might arise from the house of mortimar . and yet because he never walks safely that hath an enemy pursuing him still within reach , he bethinks himself not sure enough , unless his next successours follow the dance upon the same foot : to this end an act of parliament leads the tune , whereby the crown is granted or confirmed to henry the fourth for life , and entailed upon his sons , thomas , john , and humphrey , by a petition presented hen. . thus henry the fourth , to save his own stake , brought his posterity into the like capacity with himself , that they must be kings , or not subsist in the world , if the house of york prevails . and so he becomes secured against the house of york treading on his heels , unless the parliament of england shall eat their own word . however , for the present the house of lancaster hath the crown entailed , and the inheritance is left in the clouds , to be revealed in due time . for though this was the first precedent of this kind , yet was it not the last wherein the parliament exercised a power by grant or confirmation , to direct the law and course of the crown as they pleased . the due consideration hereof , will make the things that follow less strange . for the parliament , according to occasion , as the supream power of this kingdom , exercised supream jurisdiction in order to the safety of the kingdom , as if no king had been to be found , in issuing forth writs under the great seal ; concluding of matters without the royal assent ; treating of peace with foreign nations , and of other matters ; and determining their resolves before discovery made to the king of their counsels ; making ordinances , and ruling by them , h. . n. . h. . n. . h. . n. . referring matters determinable in parliament , to be determined according to their directions authoritate parliamenti ; confirming peace made by the king ; protesting against peace made without or against their consent ; making embassadours with power to engage for the kingdom ; making generals of the army , admirals at sea , chancellors , barons , and privy counsellors , and giving them instructions , h. . n. . and . and . h. . n. . h. . n. . and binding them to observance upon oath , h. . n. , . ordering the person of the king , denying his power of judicature in parliament , and ordering his houshold and revenue ; besides many other particulars . now if such as these things were thus done , not by one parliament , which possibly might be overswayed by factions , but by the course of a series of parliaments , that mightily laboured against faction , and unworthy ends and aims ; that man who shall determine the same to be unjust or indiscreet , should himself first be determined to be very just , and exceeding wise . nor was the parliament partial in all this ; but being in a way of reformation , it set upon the work of reforming it self . some that are very zealous in the point of arbitrary and absolute government of kings in this nation , and in all other , amongst other grounds rest upon this one , that an english king hath power to call parliaments , and dissolve them ; to make and unmake members as he shall please . i do easily grant , that kings have many occasions and opportunities to beguile their people ; yet can they do nothing as kings , but what of right they ought to do . they may call parliaments , but neither as often or seldom as they please , if the statue-laws of this realm might take place . nor if they could , is that power necessarily and absolutely arising from supremacy ; seeing it is well known that such power is betrusted by the superiour states in other nations , to the inferiour , who dayly attend on publick affairs ; and therefore can discern when the general conventions are most necessary . as touching the dissolving of parliaments against the wills of the houses , it is true that sad precedents have been of later times in that kind ; and so for want of due attendance , parliaments have been enforced to adjourn , to prevent a worse inconvenience : but these are infirmities better buried in silence , than produced as arguments of power ; seeing it is evident that kings themselves were no greater gainers thereby , than an angry man is by his passions . it is true al●o , that kings may make lords and corporations that may send their burgesses to the parliament ; and thus the king may make as many as he will , ( as the pope did with the bishops in the council of trent ) yet cannot he unmake them when he pleases , nor take the members from the parliament , without attainder and forfeiture , according to the known law. neither can all these instances prove , that the kings of england have the sole and supreme power over the parliament : nor did the parliament in these times allow of any such authority , and therefore proceeded for the reforming of themselves by themselves , in many particulars , as the statutes do hold forth . and first in the point of elections , ( for an errour in that , is like an errour in the first concoction , that spoils the whole nutriment ) they ordained , that the election of knights shall be at the next county-court after the writ delivered to the sheriff . that in full court , between the hours of eight and nine in the morning , proclamation shall be made of the day and place of the parliament . that the suters duly summoned , and others there present , shall then proceed to the elections ; notwithstanding any prayer or commandment to the contrary . that the names of the persons elected ( whether present or absent they be ) shall be returned by indenture between the sheriff and the elizors ; and that a clause to that end shall be added to the writ of summons . this was enough to make the sheriff understand , but not to obey , till a penalty of one hundred pound is by other laws imposed upon him , and a years imprisonment without baibor mainprise , besides damages for false return in such cases ; and the party so unduly returned , fined , and deprived of all the wages for his service . thus the manner of election is reduced ; but the persons are more considerable : for hitherto any man of english bloud promiscuously had right to give or receive a vote , although his residency were over the wide world. but the parliament in the time of henry the fifth , reduced these also ( whether they were such as did chuse , or were chosen ) unto their proper counties , or else rendred them uncapable to vote or serve for any county . and the like order was made for the burroughs , that no person must serve for any city or burrough , nor give vote in electing such as shall serve for that town , unless they be both free , and resiants within that city or burrough : a law no less wholsom than seasonable . for the times of henry the fourth had taught men to know by experience , that a king that hath souldiers scattered over the kingdom , can easily sway the county-courts , and make parliaments for their own tooth . yet this was not enough ; for all elizors , though of the meanest sort , yet are still able to do as much hurt with their vote , as those of the best sort , both for wisdom and publick mind , can do good by theirs . this made elections much subject to parties and confusions , and rendred the parliament much less considerable . a remedy hereunto is provided , in the minority of henry the sixth , viz. that no man should give his vote in elections in the county , unless he hath forty shillings yearly in free lands or tenements ; and this is to be testified upon oath of the party . and more plainly it is orderded , ( within two years after ) that each elizor shall have frank-tenement of that value within the same county . and thus the free-men yielded up their liberty of election to the free-holders , possibly not knowing what they did ; nevertheless , the parliament well knew what they did : this change was no less good than great . for first , these times were no times for any great measure of civility : the preface of the statute shews , that the meanest held himself as good a man , as the greatest in the country ; and this tended to parties , tumults , and bloudshed . secondly , where the multitude prevail , the meaner sort are upon the upper hand ; and these ( generally ignorant ) cannot judge of persons nor times , but being for the most part led by faction or affection , rather than by right understanding , make their elections ; and thereby the general council of this nation , less generous and noble . thirdly , there is no less equity in the change , than policy : for what can be more reasonable , than that those men onely should have their votes in election of the common-council of the kindom , whose estates are chargeable with the publick taxes and assessments , and with the wages of those persons that are chosen for the publick service . but above all the rest , this advancing of the free-holders in this manner of election , was beneficial to the free-men of england , although perchance they considered not thereof ; and this will more clearly appear , in the consideration of these three particulars . first , it abated the power of the lords and great men , who held the inferiour sort at their devotion , and much of what they had by their vote . secondly , it rendred the body of the people more brave ; for the advancing of the free-holder above the free-man , raiseth the spirit of the meaner sort to publick regards , and ( under a kind of ambition ) to aspire unto the degree of a free-holder , that they may be somewhat in the commonwealth . and thus leaving the meanest rank sifted to the very bran , they become less considerable , and more subject to the coercive power , whilst in the mean time the free-holder , now advanced unto the degree of a yeoman , becomes no less careful to maintain correspondency with the laws , than he was industrious in the attaining of his degree . thirdly , but this means now the law makes a separation of the inferiour clergie and cloistered people , from this service , wherein they might serve particular ends much , but rome much more . for nothing appeareth , but that these dead persons in law , were nevertheless free-men in fact , and lost not the liberty of their birth-right by entring into religion , to become thereby either bond , or no free members of the people of england . lastly , as a binding plaister above the rest ; first , a negative law is ▪ made , that the persons elected in the county , must not be of the degree of a yeoman , but of the most noted knights , esquires , or gentlemen of the county ; which tacitly implies , that it was too common to advance those of the meaner sort . whether by reason of the former wasting times , knights and esquires were grown scant in number , or ( by reason of their rudeness ) in account ; or it may be the yeomanry grew now to feel their strength , and meant not to be further underlings to the great men , than they are to their feathers , to wear them no longer than they will make them brave . secondly , the person thus agreed upon , his entertainment must be accordingly ; and therefore the manner of taxing in full county , and levying the rate of wages for their maintenance , is reformed and settled . and lastly , their persons are put under the protection of the law in an especial manner ; for as their work is full of reflection , so formerly they had met with many sad influences for their labour . and therefore a penal law is made , against force to be made upon the persons of those workmen of state , either in their going to that service , or attending thereupon ; making such delinquents liable to fine and imprisonment , and double damages . and thus however the times were full of confusions , yet a foundation was laid of a more uniform government in future times , than england hitherto had seen . chap. xv. of the custos , or , protector regni . kings , though they have vast dimensions , yet are not infinite , nor greater than the bounds of one kingdom ; wherein , if present , they are in all places present ; if otherwise , they are like the sun gone down , and must rule by reflexion , as the moon in the night . in a mixt commonwealth they are integral members , and therefore regularly must act per deputatum , when their persons are absent in another legialty , and cannot act per se : partly because their lustre is somewhat eclipsed by another horizon ; and partly by common intendment they cannot take notice of things done in their absence . it hath therefore been the ancient course of kings of this nation , to constitute vice-gerents in their absence , giving them several titles , and several powers , according as the necessity of affairs required . sometimes they are called lord warden , or lord keeper of the kingdom , and have therewith the gegeral power of a king ; as it was with john warren earl of surrey , appointed thereunto by edward the first , who had not onely power to command , but to grant ; and this power extended both to england and scotland . and peter gaveston ( though a foreigner ) had the like power given him by edward the second over england , to the reproach of the english nobility ; which also they revenged afterward . sometimes these vice-gerents are called lieutenants ; which seemeth to confer onely the king's power in the militia , as a lieutenant general in an army . and thus richard the second made edmund duke of york his lieutenant of the kingdom of england , to oppose the entry of the duke of hertford ( afterwards called henry the fourth ) into england , during the king's absence in ireland . and in the mean while the other part of the royalty which concerned the revenues of the crown , was betrusted to the earl of wiltshire , sir john bush , sir james baggot , and sir henry green , unto whom ( men say ) the king put his kingdom to farm . but more ordinarily the kings power was delegated unto one , under both the titles of lord guardian of the kingdom , and lieutenant within the same ; such was the title of henry lacy earl of lincoln , and of gilbert de clare earl of gloucester , and of audomar de valentia earl of pembrooke ; all of them at several times so constituted by edward the second , as by the patent-rolls appeareth . so likewise did edward the third make his brother john of eltham twice , and the black prince thrice , and lionel duke of clarence , and his brother thomas , each of them once , in the several passages of edward the third beyond the sea , in the third , fifth , twelfth , fourteenth , sixteenth , nineteenth , and thirty third years of his reign ; concerning which , see the patent-rolls of those years . and henry the fifth gave likewise the same title and authority to the duke of bedford , upon the king's voyage into france ; and afterward that duke being sent over to second the king in the french wars , the duke of gloucester obtained the same power and place . but henry the sixth added a further title of protector and defender of the kingdom and church of england ; this was first given to the duke of bedford , and afterwards he being made regent of france , it was conferred upon the duke of gloucester : and towards the latter time of henry the sixth , it was granted by him to richard duke of york . this title carried along with it a power different from that of a king , onely in honour ; and the person so adorned , may be said to sway the scepter , but not to wear the crown . and therefore in the minority of henry the sixth , whenas the government was ordered by the parliament , and to that end a protector was made , and he well guarded with a privy council , and they provided with instructions ; one of them was , that in all matters not to be transacted ordinarily but by the king 's express consent , the privy council should advise with the protector : but this is not so needful , in regard that it concerneth the power of executing of laws , which by right of the liberty of the subject , is the known duty of the scepter , in whose hands soever it is holden . and therefore i shall pass to the legislative power , wherein it is evident that the protector 's power was no whit inferiour to the king's power . for first , the protector , ex officio , by advice of the council , did summon parliaments by writs , even as the kings themselves , under their own test ; and if they did not bear the royal assent , yet did they direct the same , and received petitions in parliament to them directed as to kings , and every way supplied the room of a king , in order to the perfecting , publishing , and enforcing of law to execution . secondly , the parliaments holden by protectors , and laws therein made , are no whit inferiour to those by the king , whether for honour or power . and therefore if a parliament be holden by the lord warden , and sitting the parliament the king in person shall arrive , and be there present , neither is the parliament interrupted thereby , nor the power thereof changed at all ; though the power and place of the wardenship of the kingdom doth utterly vanish by the personal access of the king : because in all places where the king is subservient to the kingdom or the commonwealth , the lord warden in his absence is conservient unto him , being in his stead , and not under him ; for the very place supposeth him as not , because not present . and this was by a law declaratively published at such time as henry the fifth was regent of france ; and therefore by common presumption , was likely to have much occasion of residence in that kingdom ; a●● it holdeth in equal force with all other laws of the highest size : which is the rather to be noted , because it is ( though under a protector ) obligatory to the king , and makes his personal presence no more considerable than the presence of his shadow : for the king spent three whole years in the french wars , and during that time never saw england ; where nevertheless , in that interim , three parliaments had been holden , one by the duke of bedford , and two by the duke of gloucester ; in the last of which this law was made . and in truth , if we look upon this title of the kingdoms guardianship in its bare lineaments , without lights and shadows , it will appear little better than a crown of feathers , worn onely for bravery , and in nothing adding to the real ability of the governing part of this nation : neither were the persons of these magnificoes so well deserving , nor did the nation expect any such matter from them . edward the first was a wise king , and yet in his absence chose edward the second to hold that place , he being then not above fourteen years of age . afterwards edward the second's queen , and the lords of her party , were wise enough in their way , and yet they chose edward the third to be their custos regni , then not fourteen years old ; his father in the mean time being neither absent from the kingdom , nor deposed , but onely dismissed from acting in the administration of the government . edward the third follows the same example ; he first makes his brother john of eltham custos regni ; and this he did at two several times ; once , when he was but eleven years old ; afterwards , when he was about fourteen . then he made his son , the black prince , upon several occasions , three times lord-warden of the kingdom ; once , he being about nine years old ; and again , when he was eleven years old ; and once , when about fourteen years old . lastly , edward the third appointed his son lionel duke of clarence unto this place of custos regni , when as he was scarce eight years old ; all which will appear upon the comparing their ages with the several rolls of e. . & , , , , . e. . if therefore the work of a custos regni be such as may be as well done by the infants of kings , as by the wisest counsellor , or most valiant man , it is , in my opinion , manifest , that the place is of little other use to this commonwealth , than to serve as an attire to a comely person , to make it seem more fair because it is in fashion ; nor doth it advance the value of a king one grain above what his personal endowments do deserve . hitherto of the title and power ; the next consideration will be , of the original fountain from whence it is derived ; wherein the precedents are clear and plain , that ordinarily they are the next and immediate off-spring of kings , if they be present within the four seas , to be by them enabled by letters-patents or commission . but whether present or absent , the parliament when it sate did ever peruse their authority ; and if it saw need , changed , enlarged , or abridged both it and them . thus was the duke of gloucester made lord warden in the time of henry the fifth , ( he being then in france ) in the room of the duke of bedford . the like also in henry the sixth's time , when as the king was young : for then the parliament made the duke of bedford lord warden , and added unto that title the title of protector . afterward , at the duke's going over into france , they committed that service to the duke of gloucester ( if i forget not the nature of the roll ) during the duke of bedford's absence , and with a salvo of his right . not unlike hereunto was the course that was taken by the parliament in these sullen later times of henry the sixth ; whereof more hereafter in the next paragraph . lastly , the limitation of this high power and title , is different according to the occasion ; for the guardianship of the kingdom by common intendment , is to endure no longer than the king is absent from the helm , either by voluntary deserting the work , or employment in foreign parts , though united they be under the government of the same king , together with this nation , such as are these parts of france , ireland , and scotland , then under the english fee. this is apparent from the nature of the statute of henry the fifth formerly mentioned : for if there was need to provide by that statute that the kings arrival and personal presence should not dissolve the parliament assembled by the authority of the custos regni , then doth it imply , that the personal presence of the king , by and upon his arrival , had otherwise determined the parliament , and that authority whereby it sate . but the precedents are more clear , all of them generally running in these or the like words , in absentia regis , or quamdiu rex fuerit in partibus transmarinis . it is also to be granted , that the king's will is many times subjoyned thereunto , as if it were in him to displace them , and place others in his absence : yet do i find no precedent of any such nature , without the concurrence of the lords or parliament ; and yet that the parliament hath ordered such things without his consent . for when richard the first , passing to the holy land , had left the bishop of ely to execute that place during his absence in remote parts ; the lords finding the bishop unfaithful in his charge , excluded him both from that place and kingdom , and made the king's brother john , lord warden in his stead . but in the case of the protectorship , which supposeth disability in the person of the king , the same by common intendment is to continue during the king's disability ; and therefore in the case of henry the sixth , it was determined , that the protectorship doth ipso facto cease at the king's coronation ; because thereby the king is supposed able to govern : although in later times it hath not so been holden . for kings have been capable of that ceremony , assoon as of the title ; and yet commonly are supposed to be under the rule of necessity of protectorship , till they be fourteen years of age , or ( as the case may be ) longer . for although henry the sixth was once thought ripe when he was eight years old , yet in the issue he proved scarce ripe for the crown at his two and twentieth year . nevertheless , the default of age is not the onely incapacity of kings ; they have infirmities as other men , yea more dangerous than any other man ; which though an unpleasant tune it be to harp upon , yet it is a theam that nations sometimes are enforced to ruminate upon , when god will give them kings in his wrath , and give those also over to their own lusts in his anger . in such cases therefore this nation sometimes have fled to the refuge of a protector ; and seldom it is that they can determine for how long . when henry the sixth was above thirty years old , richard duke of york was made protector , and defender of the realm , and of the church . it was done ( if the record saith true ) by the king himself , authoritate parliamenti . it was further provided by the parliament , that though this was to continue quamdiu regi placuerit , yet the duke should hold that place till the kings son edward should come to years of discretion , and shall declare that he will take that place upon himself . the ground hereof is said to be , that the king was gravi infirmitate detentus ; which could not be intended of any bodily distemper : for neither doth any such thing appear by any author or record . nor if such had been , yet had it been an irrational thing in the parliament to determine the same upon the princes discretion , and acceptance of the charge upon himself . it seemeth therefore , that it was gravis infirmitas animi , and that this way of the parliament tended to a tacite sliding him out of the government of the kingdom , by a moderate expression of a general incapacity in his person . the conclusion of all that hath been said concerning this title , is double : one , that both the custos regni , and protector , are not subsistent , but consistent with that of a king , because it supposes a king under incapacity . secondly , that they tend to teach the people a necessity of having one chief , although it may , in truth , seem to be but a trick of state ; like some pretty carved cherubims in the roof of a building , that do seem to bear it up , whenas , in truth , it is the pillars that support both it and them . chap. xvi . concerning the privy-council . nations do meet with their exigences , as well as persons ; and in such condition , resolutions taken up by sudden conceit , are many times more effectual than more mature deliberations ; which require more time in composing , are more slow in conclusion , let slip opportunities , and fall short of expectation in the end . such are the ways of debate in the grand representative of the kingdom . add hereunto , that in putting the laws in execution , greater discretion is required than can enter into the head of any one man , and greater speed than can stand with debate amongst many . and therefore it is beyond all doubt , that the conventicles of council are no less necessary in their degree , than the assembly of the estates of this nation in their grand convention . yet with this caveat , that one genius may move in both ; for otherwise the motions of government must needs be inconstant , inconsistent , and like that of an hypocrite , one way abroad , another way at home ; neither comfortable to it self , nor confiding to others . and therefore cannot these privateer-councils , by any proportion of reason , be better constituted , than by the representative it self , that it may be a creature made in its own image , one and the same with the image of the maker . this was the wisdom and the practice of these times , more ordinarily than in the former : for the parliament was no less jealous of the power of henry the fourth , than of the infirmities of henry the sixth ; nor more assured in the aims of any of them all , than themselves were in in their own title to the crown . neither was this sufficient : for the parliament looked upon themselves as a body that sometimes must retire to rest ; and upon the privy council , as watch-men subject to change ; and therefore they not onely give them instructions , but engage them unto observance . their instructions were sometimes occasional , but some more general ; of which i shall instance onely in two , which were to be of everlasting regard . first , that they should hold no pleas before them , that is to say , at the council-table , or at the privy council ; nor before any of them , unless as judges in the chancery , exchequer , or benches at westminster ; so as whatsoever misscarriages were had by the privy council in cases of judicature in the star-chamber formerly , are now reduced . the second rule was this , that no dispatches should be made at the council-table of any matters there agitated , but by general consent . unity gives life to action , carrying therewith both authority and power ; and , when all is done , must derive its original from without , and in all good ends from above . and therefore , as a seal to all the rest , it was wisely done by the parliament to draw the mindes of the privy council together , and to present them joyntly before god , by an oath , obliging themselves to a solemn and constant observance of their instructions , and to perievere therein . for the unchangeable god can onely stamp a lasting image upon the mind , and bind the same , that is so subject to change , to an unchangeable law , whereby the people may be made as happy for continuance , as for righteousness and peace . the privy council thus setled , dressed , and girt , becomes of high esteem , both for trust and honourable employment in great matters . the mint is the very liver of the nation , and was wont to be the chief care of the parliament it self in all the dimensions thereof . now the mint is two ways considered , viz. either in the value of the metal and money , or in the coinage . the first of these , and things most immediately concurring therewith , the parliament still retains to its own immediate survey ; such as are the inhibiting of exportation of gold and silver , and of melting of coyn into plate or bullion ; the regulating of the current of foreign coyn , the reducing of money , both foreign and domestick , imbased by counterfacture , clipping , washing , &c. the regulating of allay of gold and silver ; the regulating exchange , and such like : concerning all which , the reader may please to peruse the statutes h. . cap. , , , . h. . cap. . h. . stat , . & . cap. . & . cap. . and h. . cap. . the second consideration touching the mint , concerned the election and government of the officers , touching the mint and exchange , or the places where they shall be holden ; which , with some other matters of inferiour nature , were left to the order of the privy council , either with the king , or alone , in case of the king's absence or disability . a second power given to the privy council , was in point of trade and merchandize : formerly they had somewhat to do therein , but still the parliament set out their bounds . in richard the second's time , the people had liberty of trade in some commodities by way of exportation , but the privy council might restrain them upon inconvenience to the publick . now the same is confirmed ; and though it concerned corn onely , yet it was a precedent that led the way to a much larger power in the trade of the staple commodities of this island , to enlarge or straiten it as they though meet . and so they became in a fair way to have a principal power over the revenues and riches of this nation . but this lasted not long ; for within ten years these licenses of transportation cost the merchant so much , as he could make little gains of all his care and pains ; and therefore a rule is set to a general allowance of all transportation of corn , till the price of wheat came to a noble , and barley at three shillings , and no longer . this being first made temporary , was afterwards made perpetual ; and so gave a restraint unto the power of the king and council . but where no positive restraint was made by any statute , the king and council seemed to have the sole power left unto them , to open and shut the passes of trade as they pleased . for whereas the commodity of butter and cheese was made staple , the king and council had power to stop the sale thereof ; notwithstanding that the law gave full liberty to the subjects to bring all their staple-commodities to the staple . nevertheless , this power in the king is not primitive , but derived from the parliament ; for they had power over the kings licenses and restraints in such cases , as by the several statutes do appear . a third power given to the privy council , was a power of summons and process against delinquents in cases of riots , extortions , oppressions , and grievous offences . the summons to be by privy-seal , the process , proclamations ; and for non-appearance , forfeiture , if the delinquent be of the degree of a lord ; if of inferiour rank , then a fine or out-lawry . at the first view , the statute hath an ill favoured aspect , as if it raised up a new court of judicature ; but the time is to be considered with the occasion ; for it was made for the securing of the peace in a turbulent time . and besides , the law carrieth along with it two restrictions , which puts the right of cognizance in the privy council to the question . first , it saveth the jurisdiction of other courts , and provideth further , that no matter determinable by the law of this realm , shall be by this act determined in other form than after the course of the same law in the kings court , having determination of the same : which implieth , that some kinds of riots and extortions are of so high a nature , that though determinable in the kings●court , yet are they to be determined before the lords . in the next place this law provideth , that such offences as are determinable by the law of the realm , that is by jury , shall still be so tried . secondly , if conviction be upon confession , or by certificate , in case where ( by reason of parties and partakings ) inquisition by jury cannot be had , there the lords shall immediately determine the same . lastly , if the certificate be traversed , then the same shall be tried in the king 's bench. but there is another restriction that undoeth all in effect in point of right ; because what this law setleth therein , it setleth but for seven years , and leaveth the privy council to the limits of the common law for the future . in the mean time , the privy council may be thought terrible , and very high , both by this law , and the greatness of the lords . kings unkles , and kings brothers , are subjects indeed , but of so high a degree , that if a little goodness of nature , or publick spirit shine in them , they soon become the objects of admiration from the vulgar , and gain more from them by their vicinity , than the king can do at a distance . for the commons of england , by the fair demeanour of popular great men , are soon won out of their very cloaths ; and are never more in danger to part with their liberties , than when the heaven is fair above their heads , and the nobility serve the king , and flatter them . nevertheless , as i said , the season must also be considered of this power thus by this law contracted : for what the lords gained not by their popularity , the queen did with her power ; who now , mindful of her contemned beauty , and opposition from the duke of gloucester against her marriage , removes him out of the way , gets the reins of government into her hand , and like a woman drives on in full career . the duke of york , and other lords , not liking this gallop , endeavour to stop her pace ; but are all over-born , the duke taken prisoner ; and doubtless had pledged the duke of gloucester , but that the heir apparent of the house of york steps in to rescue . and new troubles arise in gascoign ; to put an end to which , the queens party gains , and takes the duke of york's word for his good behaviour ; gets this law to pass , expecting hereby , if not a full settlement at home , yet at least a respit to prevent dangers from abroad during the present exigency . and thus upon the whole matter the lords and privy council are mounted up by the commons to their own mischief . chap. xvii . of the clergie , and church-government , during these times . it was no new thing in the world , for princes of a wounded title to go to the church-men for a plaister ; and they are ready enough to sing a requiem , so as they may be the gainers . the princes therefore of the house of lancaster had offended against common sence , if they had not done the like themselves , being not onely guilty in their title , but also by a secret providence drawn into one interest together with the church-men to support each other . for henry the fourth and archbishop arundel meeting together under one condition of banishment , become consorts in sufferings , and consorts in honour : for society begotten in trouble is nourished in prosperity , by remembrance of mutual kindnesses in a necessitous estate ; which commonly are the more hearty , and more sensible , by how much other contentments are more scant . but the archbishop had yet a further advantage upon the heart of henry the fourth ; though he was no man of power , yet he was of great interest ; exceedingly beloved of the english clergie , and the more for his banishment-sake . now whatsoever he is , or hath , is the kings , and the king is his ; the sweet influence of the archbishop and the clergie enters into his very soul ; they are his dearly beloved for the great natural love ( as he says to the world ) they bear to him : what he could he got , what he got he gave to the church . thus the family of lancaster becoming a mighty support unto the clergie , roman as it was , they also became as stout maintainers of the crackt title of that younger house . so was fulfilled the old prophecie of the oyl given to henry the first duke of lancaster , wherewith henry the fourth was anointed , that kings anointed with that oyl , should be the champions of the church . now for the more particular clearing of this , we are to consider the church absolutely , or in relation to the political government of the people . concerning the latter , many things did befal that were of a different piece to the rest , in regard that the lords for the most part were for the clergie , and they for themselves ; but the commons began to be so well savoured with wickliff's way , that they begin to bid defiance at the clergies self-ends and aims : and because they could not reach their heads , they drive home blows at their legs . a parliament is called ; and because the king had heard somewhat , feared that the people were more learned than was meet for his purpose , and that the parliament should be too wise ; he therefore will have a parliament wherein the people should have no more religion than to believe ; nor learning , than to understand his sence ; nor wisdom , than to take heed of a negative vote . but it befel otherwise : for though it was called the lack-learning parliament , yet had it skill enough to discern the clergies inside , and resolution enough to enter a second claim against the clergies temporalties ; and taught the king a lesson , that the least understanding parliaments are not the best for his purpose . for though the wisest parliaments have the strongest sight , and can see further than the king would have them , yet they have also so much wisdom as to look to their own skins , and commonly are not so venturous as to tell all the world what they know , or to act too much of that which they do understand . but this parliament , whether wise or unwise , spake loud of the clergies superfluous riches ; and the kings wants are parallel'd therewith ; and that the church-men may well spare enough to maintain fifteen earls , fifteen hundred knights , six thousand two hundred esquires , and one hundred hospitals more than were in his kingdom . this was a strong temptation to a needy and couragious prince ; but the archbishop was at his elbow . the king tells the commons that the norman and french cells were in his predecessor's time seized under this colour , yet the crown was not the richer thereby ; he therefore resolves rather to add to , than diminish any thing from , the maintenance of the clergie . thus , as the king said , he did , though he made bold with the keys of st. peter ; for he could distinguish between his own clergie and the roman . the people are herewith put to silence , yet harbour sad conceits of the clergie against a future time ; which like a hidden fire , are not onely preserved , but encreased by continual occasions ; and more principally from the zeal of the clergie , now growing fiery hot against the lollards . for that not onely the people , but the nobles , yea , some of the royal bloud , were not altogether estranged from this new old way ; whether it was sucked from their grandfather duke john , or from a popular strain , of which that house of lancaster had much experience , i determine not . these were the dukes of bedford and gloucester . bedford was first at the helm of affairs at home , whilst the king acted the souldiers part in france , as ill conceited of by the clergie , as they slighted by him . at a convocation once assembled against the lollards , the duke sent unto their assembly his dwarf , as a great lollard , though he was a little man ; and he returned as he went , even as catholick as any of them all ; non tam despectus à clero , quam ipse clerum despiciens atque eludens . this , and some other sleights , the clergie liked not ; they therefore find a way to send him into france , to be a reserve to his brother : and in his room steps forth humphrey duke of gloucester , that was no less cool for the roman way than he . henry the fifth was not more hearty in romes behalf : for although he was loth to interrupt his conquest abroad with contests at home ; yet he liked not of advancements from rome ; insomuch , as perceiving the bishop of winchester to aspire to a cardinals hat , he said , that he would as well lay aside his own crown , as allow the bishop to take the hat. nor was he much trusted by the clergie , who were willing he should rather engage in the wars with france , than mind the proposals of the commons concerning the clergies temporalties ; which also was renewed in the parliament in his days . above all , as the lancastrian house loved to look to its own ; so especially in relation to rome , they were the more jealous , by how much it pretended upon them for its favour done to their house . and therefore henry the fourth , the most obliged of all the rest , looked to the provisors more strictly than his predecessors had ; and not onely confirmed all the statutes concerning the same already made , but had also provided against provisors of any annual office , or profit , or of bulls of exemption from payment of tythes , or from obedience regular or ordinary , and made them all punishable within the statute . and further , made all licenses and pardons contrary thereto ( granted by the king ) void against the incumbent ; and gave damages to the incumbent in such vexations : for the former laws had saved the right to the true patron both against pope and king. and thus the english kings were servants to the church of england at the charges of rome , whilst the popedome being now under a wasting and devouring schism , was unable to help it self ; and so continued until the time of henry the sixth , at which time the clergie of england got it self under the power and shadow of a protector , a kind of creature made up by a pope and a king. this was the bishop of winchester , so great a man , both for birth , parts of nature , riches , spirit , and place , as none before him ever had the like : for he was both cardinal , legate , and chancellor of england , and had gotten to his aid the bishop of bath to be lord treasurer of england . now comes the matter concerning provisors once more to be revived . first , more craftily by colloguing with the nobility , who now had the sway in the kings minority ; but they would none . an answer is given by the king , that he was too young to make alterations in matters of so high concernment ; yet he promised moderation . the clergie are put to silence herewith , and so continue till the king was six years elder ; and then , with money in one hand , and a petition in the other , they renew their suit , but in a more subtile way : for they would not pretend rome , but the english churches liberties ; they would not move against the statutes of praemuniri , but to have them explained ; it was not much they complained of , for it was but that one word otherwhere , which , say they , the judges of the common law expound too largely , not onely against the jurisdiction of the holy see , but against the jurisdiction of the english prelacy , which they never intended in the passing of those laws . their clonclusion therefore is a prayer , that the king will please to allow the jurisdiction of their ecclesiastical courts , and that prohibitions in such cases may be stopped . but the king , either perceiving that the authority of english prelacy was wholly dependant on the see of rome , and acted either under the shadow legatine , or at the best sought an independent power of their own : or else the king doubting that the calling of one word of that statute into question that had continued so long , might endanger the whole law into uncertainty , declined the matter , saving in the moderation of prohibitions . thus the english clergie are put to a retreat from their reserve at rome : all which they now well saw , yet it was hard to wean them . the cardinal of winchester was a great man , and loth to lay down his power ; but his own tribe grew weary of him and his power . for the greater some church-men are , unless they be better than men , the inferiour and better church-men are worse than men . at length therefore the cardinal is vnlegated , and that power conferred upon the archbishop of canterbury ; a man formerly well approved , but by this very influence from rome rendred suspected , which he perceiving , protested against the exercise of the jurisdiction legatine without the kings allowance , and so mannerly crept into the chair . the english kings and clergie having thus attained the right discerning of each other , begin to take up a new way of policy ; which was to hold nothing of the popedom , but the form of worship and discipline ; but as touching jurisdiction , they held it a high point of wisdom , either to fetch it nigh at home , or to be silent in the matter ; having now found a main difference between the popes will , and the church-law ; and therefore as formerly the convocation and parliament joyned in excluding of foreigners from church-livings , under the notion of intelligencers to enemies abroad : so neither now will they allow any provisions for english men ; and upon this ground , the dean and chapter of york refused to admit the bishop of lincoln to the see of york , although assigned he was thereto by pope martin , and he the darling of nations , being by joynt consent advanced to the triple crown , that had been formerly tripled amongst three popes , and troubled all europe . and whereas during the tripapalty much money had been levyed here in england , to serve for the recovery of the popedom to one of english interest ; now by joynt consent the same is seized upon and stopped , as fewel from the fire , and spent by henry the fifth in the recovery of a kingdom in france , that should have been employed in recovery of a popedom at rome . these things concurred to give a wound to the popedom , that was never cured to this day . nevertheless , the english clergie was no loser by all this , but gained in the whole sum . for as it made them more depending on the crown , so it made the crown more fast to them , from which they had received more real immunities and power , than the pope ever did , or was able to give them ; and might expect to receive many more . what personal respects these three kings shewed them , hath been already touched . henry the sixth added one favour , which made all the rest more considerable . hitherto they had used to meet in convocation as upon the interest of rome , and little notice was taken of them ; now the nation owns them , and in some respects their work ; and it is granted , that the clerks of convocation called by the kings writ , and their menial servants , shall have such priviledge in coming , carrying , and going , as the members of the parliament have . so as though they be not members , yet they are as members , if they assemble by the kings writ , and not onely by the power of the legate or metropolitan . the antiquity of this court is great , yet not so great as hath been supposed ; nor is it that court of the ordinary called the church gemot , mentioned in the laws of henry the first , as not onely the works thereof , therein set down , do sufficiently declare ; but also it is evident , that in henry the second's days , the grand councils of this kingdom were joyntly mixed both of clergie and laity . nor could the clergie shut the laity from their councils , till about the times of richard the first , or king john. from which time forward , the laity were so far from protecting of them , that ( till these times now in hand ) all their care was to keep them from violating the liberty of the people . that they were many times notwithstanding called together by the kings writ before these times , hath also been cleared by another pen. that their work at such times was to advise concerning such matters as should be propounded to them by the king in parliament , their summons do shew ; the particulars whereof , for the most part , concerned supplies of money from the church-men . and yet sometimes matters of great moment were debated therein . as in a convocation summoned by henry the fifth in his ninth year , the preheminence of pope eugenius above the council of bazil was debated ; and as much as they could , they determined the same . the credit of their decisions in former time , i believe was not much amongst the people ; because the men were looked upon with an evil eye . now that the parliament seemeth to own them in their way , and to protect them ; their determinations are somewhat . the church-men espy their opportunity , and whilst the benevolent influence of the state is in its first heat , they improve it in this manner . the times were now come about wherein light began to spring forth , conscience tobestir itself , and men to study the scriptures . this was imputed to the idleness and carelesness of the clergie , who suffered the minds of young scholars to luxuriate into errours of divinity , for want of putting them on to other learning , and gave no encouragement to studies of humane literature , by preferring those that were deserving . the convocation taking this into consideration , do decree , that no person should exercise any jurisdiction in any office , as vicar-general , commissary , or official , or otherwise , unless he shall have first in the university have taken degrees in the civil or canon law. a shrewd trick this was to stop the growth of the study of divinity , and wickliff's way : and to imbellish mens minds with a kind of learning that may gain them preferment , or at least an opinion of abilities beyond the common strain , and dangerous to be meddled with . like some gallants that wear swords as badges of honour , and to bid men beware , because they possibly may strike , though in their own persons they may be very cowards . and no less mischievously intended was this against the rugged common-law , a rule so nigh allied to the gospel-way , as it favoureth liberty ; and so far estranged from the way of the civil and canon-law , as there is no hope of accommodation till christ and anti-christ have fought the field . thus much of the church of england , in relation to the state , now as it is absolutely considered , in regard of the several degrees of persons therein . although these three kings were much endeared to the english clergy , yet the difference between the laity and them growing high , the king 's principal care is now , to keep an even hand between them both : for he that will back two horses at once , must keep them even , or put his joynts to the adventure . first , henry the fourth granteth , that no more shall be paid to rome for the first-fruits of archbishops and bishops , than hath been anciently used . the occasion hereof was , to prevent the horrible mischief , and damnable custom of rome ; for such are the very words of that statute , unto which the clergy gave their vote , if not the first vote : and therefore certainly did neither believe , nor honour that infallible chair as their own mother ; nor did they bear her yoke , further , than their own benefit and reason of state did require . for though the immediate benefit of this law did descend upon the prelacy , yet it also much concerned the interest both of the honour and benefit of the nation , that the clergy should not be at the pope's pleasure to tax and assess as he thought good . secondly , henry the fifth added unto the prelacy some kind of increase both of honour and power , viz. to visit hospitals that were not of the king 's own foundation , and to reform abuses there : for the patrons either had no power to punish , or will or care to reform them . and thus upon the point , although they lost a right , yet they gained ease . thirdly , the same king confirmed by a statute unto ordinaries , the cognizance of accounts of executors for their testators estates ; which formerly was granted by the canon-law , but they wanted power to execute , and a right to have and receive . in all these the clergie or prelacy were the immediate gainers . in as many other things the people were made gainers , and yet the clergie were no losers , otherwise than ( like the kite ) of that prey which was none of their own . first , they refused formerly to grant copies of libels , either thereby to hinder the course of prohibitions , or to make the copies the moredear , and money more cheap with them . henry the fifth , finding this a grievance to the people , passeth a law , that all ordinaries shall grant the copies of libels at such time as by law they are grantable . secondly , as the probate of wills had anciently belonged to the ordinary by the canon-law , and formerly also confirmed to them by the parliament ; so it also regulated and settled the fees for such service . but the clergy having been ever under the noutriture of their mother rome , that loved to exceed , they likewise accounted it their liberty to take what they could get . but the nigher they come to engage with kings in their government according to law , the more reformed they grow . formerly edward the third had settled their fees , but they would not hold to the rule . now the law is doubled by henry the fifth , with a penalty of treble damages against delinquents . furthermore , the very priests could not contain their pater-nosters , requiems , masses , and such wares they had engrossed , and set thereof what price they pleased . the market was risen to that height , that edward the third undertook to set a rate upon those commodities : but that also would not hold long ; henry the fifth he sets a certain stipend somewhat more than edward the third had done , and yet less than the priests had formerly . lastly , some laws were made , wherein the commonwealth gained , and the church were losers . first , whereas the church-men formerly held all holy things proper and peculiar to their own cognizance , especially such as concerned the worship of god ; the parliament now began to be bold with that , and never asked leave . it had now for a long time , even since the saxon times , been the unhappy condition of this church of england amongst others , to decay continually in piety and right devotion ; but through the light that now revived , and god's goodness , it in these times came to pass , that the people did entertain some sense of their duty towards god more than formerly , and begin to quarrel the abuses done to the lords day in the manner of the keeping thereof . london hath the honour for beginning this reformation by an act of their common council . the parliament within seven years after that engage the whole kingdom in that service ( though therewith also are adjoyned other holy feasts then holden ) and all fairs and markets are enjoyned to cease on that day , under pain of forfeiture of goods exposed to sale ; excepting victual , and excepting the four sundays in harvest . and thus though places had their consecration allowed by the parliament , and immunity from trading in fairs and markets by the space of a hundred and sixty years before this time ; yet that time which god by his own law had reserved to his own self , never came under regard to be allowed till now ; and yet not by the motion of the clergie , nor by their furtherance . for by their thrusting in the holy days , they made them equal with the lords day ; and in harvest-time superiour , by preserving them in force , whenas the lords days were set aside . so god had somewhat of these men , but the pope more . secondly , as the church-men lost in the former , so the prelacy in this that follows . the prelates had long since obtained the trial of bastardy , and therein could strain themselves so far , as to put the case of inheritance into danger , where the point otherwise was clear enough . and this grew to that height , that it endangered the disinheriting of the heirs of the ●arl of kent . it is therefore now provided , that before the ordinary in such cases proceeded to trial , proclamations shall be made in chancery , to summon all pretenders of interests or titles to come before the ordinary to make their allegations ; and all trials of bastardy otherwise made , shall be void ; so as whatever the canon did , the parliament would not trust to the ordinaries summons , nor allow of their power in any other manner than the parliament thought meet . one thing more remaineth , wherein the true church of christ seemed to lose , and yet gained ; and the clergie , joyning with the king , seemed to gain , and yet lost : this was the point of worship which had long stumbled the minds of the people ; and was now grown to that strength ▪ that nothing but an act of parliament can keep it under . this opinion concerning worship was at the first so young , that it was not yet baptized with any proper name , but called , opinion contrary to the church-determinations , or catholick faith. and against this the clergie now stormed more than ever formerly ; because it was grown to such a height , as if it meaned to over-top theirs . to this end they procured an act to pass , that all preachers , teachers , writers , school-masters , favourers , or notoriously defamed persons for ▪ the maintenance of such opinions , shall be ( upon conviction before the ordinary , according to the canons ) imprisoned in the diocesans prison , and fined according to the diocesans discretion . if upon conviction , he shall not abjure , or shall relapse , he shall be delivered unto the secular power , and be burned . and that preachers without , license of the diocesan , should be restrained . concerning which law , i shall first shew what change in the laws of this kingdom was endeavoured , and what was really effected . first , it is an undeniable ground . that no freeman can be put to answer before any judge , but upon presentment , or other matter of record foregoing , and by due process of law. and yet it had been ruled , that strong presumption , and complaint of credit after it is entred , is sufficient record to ground proceedings in this case , to attach the party to answer . but by this law a trial is introduced , that neither resleth upon any peremptory accusation , or proof of witness , but meerly upon inquisition , upon the oath and conscience of the party suspected ▪ which in the latter days hath been called the trial upon the oath ex officio . for such was the trial allowed by the canon in these times ; as appears in the constitutions of otho , and the decrees of the archbishop boniface ; by whom it was endeavoured to be obtruded upon the laity , about the times of henry the third , or edward the first : but even the clergie then withstood it , as lindwood confesseth . and otho in his very constitution doth hold this forth by that clause of his , non obstante obtenta consuetudine . seconly , this law doth endeavour to introduce a new judge , with a power to fine ▪ and imprison according to discretion ; and a prison allowed to him as his own peculiar , and yet the writ de cautione admittenda ▪ still held its power , to regulate that discretion as formerly it had done ; which by the way may render the power of this law suspicious . thirdly , the clergie are not content to have the estates and liberties of the bodies of the people at their discretion ; but they must also have their lives . although no freeman's life could by the fundamental laws of this kingdom come to question , but by the judgement of his peers ; nor could the clergie by their own canons interesse sanguini , viz. they cannot put any man to death : but by this law they may send any man to death by a sentence as sure as death , tradatur potestati seculari : and such a death , not as the civil magistrate is wont to execute , by a speedy parting of the soul from the body , by loss of blood , stop of breath , or such like ; but the clergie must have bloud , flesh , bones , and life and all , even the edge of non entity it self , or they are not satisfied : and thus the writ de comburendo hoeretico entred into the world. true it is , that some sparks of this fire are found in former times ; and bracton toucheth upon such a law , in case of a clerk convict for apostacy ; primo degradetur , & post per manum laicalem comburatur ; which was indeed the canon , and that by his own confession ; for it is grounded upon one , secundum quod accidit , in the synod at oxford under archbishop becket . but that case concerneth a clerk , who by his profession hath put himself under the law of the canon ; and it was onely in case of apostacy , himself being turned jew ; and this also done upon a sudden pang of zeal and power of an archbishop that would know no peer . nor do we find any second to this precedent by the space of two hundred years next ensuing : neither doth the decree of archbishop peckham , who was not long after becket , treating about apostacy in lay-men , mention any other punishment , than that they are to be reclaimed per censuras ecclesiasticas . nor yet that of archbishop arundel , amongst the constitutions at oxford , not long before this statute ; who treating about the crime of heresie , lays the penalty upon forfeiture of goods ▪ with a praesertim , as if it were the grand punishment . and linwood in his gloss upon that place , setting down the censures against heresie , hodie sunt ( saith he ) damnandi ad mortem ; as if it were otherwise , but as yesterday . fourthly , the next endeavour is to bring the cognizance of all , wholly to the ecclesiastical court , without further appeal ; for so the words concerning conviction of heresie are : whereupon evidence shall be given to the diocesan of the same place , or his ordinary in that behalf . these changes , i say , were endeavoured to be brought upon the government of this kingdom ; and yet the law , for all this , suffered no change ; nor did the house of commons ( however the name is thrust into the english ordinary print ) ever yield unto the passing of the same ; but in the parliament next ensuing , complained thereof , and protested they would not be bound by such laws whereto the house of commons had not given their consent . and this dashed the law quite out of countenance ; ( although it holds the place still amongst the number ) for within four years after , the clergie bring in another bill of the same nature in general , though varying in some particulars ; but the same was again rejected . all the strength therefore of this law resteth upon the king and house of lords , engaged by the clergie , ( whom they trusted for their religion ; for book-learning was with them of small account ) and no less by the king ; who knew no better way to give the clergie content , that gave him so much , as to set the crown upon his head ; nor to discharge his royal word , passed by the earls of northumberland and westmorland , in his behalf unto the convocation , viz. that they were sent to declare the kings good will to the clergie and church-liberties ; and that he was resolved to defend all the liberties of the church by his kingly power , and to punish hereticks and the churches enemies in such manner as the clergie should think meet ; and therefore desired their daily prayers for his own and the kingdoms safety . and yet for all this , the people were not of this mind ; no small part of the kingdom being overspread with these opinions . after henry the fourth comes henry the fifth , and he also makes another essay ; the former opinions , then known onely by the general names of heresie , are now baptized by the new name of lollardry , and grown so overspreading , that all the troubles of these times are still imputed to them . it was indeed the devils old and common trick , thus to inrage earthly powers against these men ; although he be hereby but an instrument in the hand of the chief builder , that in laying a sure foundation , doth as well ram down as raise up ; for the malice of these men made the people of god to multiply . henry the fifth also published a law to this same purpose . that all persons in place of government , shall swear to use their diligence to destroy all heresies and errors , called lollardries . that all lollards convict by the clergie , ( left to the secular power , according to the laws of holy church ) shall forfeit their lands and tenements to their lords : and the king to have the year and day , and waste , and all his goods and chattels . if the lord be the ordinary , the king shall have all . no forfeiture to be , till the delinquent be dead . they shall be found by indictment before the justices of the peace . this indictment being found , shall be sent to the ordinary with the prisoner . the indictment shall not be for evidence , but onely for information . these are the principal things contained in this law , which by the manner of the composure , seemeth to be of an uncertain colour , neither made by the clergie , nor laity , but spoiled between them both . the intent thereof seemeth to be principally to draw on the house of commons to pass the law , under hope of gain by the forfeitures ; for the penalty is like that of felony , though the crime be not expresly declared to be felony . but the intent fell short in event . for first , the nature of the crime is not defined , nor declared by any law ; and therefore can no man by indictment be found to be such . secondly , no penalty of death hath been by any former , or by this law , determined upon such as are guilty ; for it is not enacted by any law , that such persons shall be delivered to the secular power , &c. thirdly , this statute determining the forfeiture to be not till death ; and neither that , nor any other law of this kingdom determining death ; then is no forfeiture determined . fourthly , though this law taketh it for granted , that heresie and errours belong to ecclesiastical cognizance , yet the same allows of no further proceedings than ecclesiastical censures . lastly , by this law there can be no proceeding , but in case of indictment , ( for otherwise without record no forfeiture can be ) therefore where no indictment is , there is no forfeiture . in all which regards , it is evident that the clergie could by this law neither get fat nor bloud . and therefore at their convocation , in the next year following , they took another course , and ordered that three in every parish should make presentment upon oath of such persons as are defamed for hereticks , and the truth so far as they can learn. which puts me in mind of a presentment that i have seen by some of st. mary overies in these times : item , we saine , that john stevens is a man we cannot tell what to make of him ; and that he hath books we know not what they are . this new course shews plainly , that the former held not force as they intended it : so god blasted the practices of the clergie at this time also ; rendring this law immaterial that had the form , as the other missed in the form and had the matter . chap. xviii . of the court of chancery . it often befals in state-affairs , that extraordinary exigencies require extraordinary remedies , which having once gotten footing , are not easily laid aside , especially if they be expedient for prerogative . the privy council in the star-chamber pretends default of the common-law , both in speed and severity , in cases whereby the state is endangered : the chancery pretends default by the common-law in point of equity and moderation . the people taken with these pretences make that rod more heavy , which themselves had already complained of . what the chancery was in times past hath been already shewed ; still it is in the growing and gaining hand . first , in the judicatory power it prevailed in relation to the exchequer ; exercising a kind of power to survey the proceedings thereof , in cases of commissioners distrained to account for commissions executed , or not executed . for it was no easie matter to execute commissions from the exchequer in those times of parties ; nor were men willing with such unwelcome occasions between friends and neighbours ; and , it may be , they grew weary of embroiling themselves one against another ; and of being instruments of the violent countermotions of princes and great men . secondly , it gained also upon the admiralty , which by former laws had jurisdiction in all cases incident upon the great sea. but now either through neglect of the admiral , or the evil of the times , occasioning piracies to grow epidemical , the ill government upon the sea became dangerous to the state , trenching upon the truce made between this and other nations . for a remedy whereof , first conservators of the truce were setled in every port , who had power committed to them to punish delinquents against the publick truce , both by indictment at the kings suit ; and according to the course of the admiralty by complaint , saving matters of death to the cognizance of the admiral . but this was soon found defective ; for justice done in the dark is many times more respective , and less respected ; and therefore within a few years it is provided , that offenders against the kings truce upon the sea , or in any of the ports , shall be proceeded against in the chancery before the chancellor ; who hath power given him of calling to his assistance some of the judges to execute the statute of h. . foregoing , by a handsome contrivance . for that statute was once and again suspended , for the rigour that was used by the former conservators , who being borderers upon the sea , for their own peace , spared as few as they could ; which had so discouraged the seamen , that the kingdom had been almost utterly bereaved of its strength at sea. nevertheless , all this while , these laws were but penal , and not remedial for the parties wronged : and therefore another law is made to give the chancellor and judges power to make restitution and reparation . thirdly , the chancery gained upon the ecclesiastical court. for whereas by the canon the church-men were to be judged by their superiours , according to ecclesiastical and ordinary jurisdiction ; and the iniquity of the times was again returned to that height , that parents could not enjoy their own children , but the little ones were allured , stoln away , and detained in cloisters ; nor did the church-men afford remedy in such cases : a law was made , that upon complaint hereof made to the chancellor , the provincial should be by him sent for , and punished according to his discretion . lastly , the chancery encroached upon the common law : for whereas the stirs between the two houses of york and lancaster began to rise , men made their dwellings in places of security and strength ; women likewise and other persons flying thither for refuge ; especially such of them as had most to lose ; these were , contrary to the law of common honesty , urged to engage their estates unto the desires of such to whom they had fled for refuge ; and sometimes compelled to marry , before they could gain their liberty : it was now provided that all such complaints should be heard and determined by the chancellor . secondly , as touching the ministerial power of the chancery , this likewise was enlarged , in making of process to compel appearance in cases of forcible entries , murders , manslaughters , robberies , batteries , assemblies in nature of insurrections , riots , and plunder , committed by servants upon their masters goods , before their masters death , and suchlike offences now grown common , and in need of sudden remedy . thus as the work and power of the chancery grew , so did the place and person of the chancellor grow more considerable ; raised now from being the kings secretary ( for no better was he in former times ) to be the kingdoms judge ; and of such trust , that although the king might make election of his own secretary , yet the parliament would first know and allow him that must be trusted with the power over the estates of so many of the people ; and therefore did in these times both place and displace him as they saw expedient . in a word , he is become the kingdoms darling , and might be more bold with the common law than any of his peers . chap. xix . of the courts of crown-pleas , and common law. as the chancery on the one side did swell and increase , so was the kings-bench in an ebb : the council-table in the star-chamber on the one side , and the itinerant-courts in the country intercepted , and drew away much to their own shares ; making themselves fat , the kings-bench lean , and the rural courts for crown-pleas almost to starve . the crown-pleas formerly had been determinable in the kings-bench , gaol-delivery , oyer and terminer ; and many of them by justices of the peace , coroners , and sheriff . the gaol-delivery was afterwards united to the judges of assize ; and if one of them were a clergy-man , then to the other , and chief men of the county . this was useful for the publick , but not beneficial for some men ; and therefore they laboured for commissions , especially directed to parties that they thought would partake : but these were found soon to be dangerous , soon taken away , and the gaol delivery restored to the judges of assize , as formerly . the commissions of oyer and terminer were sued forth upon extraordinary emergencies and offences , wherein the state was much concerned for speedy execution . in former times , both these and gaol-deliveries were but rarely had , and then granted unto some that perchance knew more of the case , than before-hand was meet to be known . edward the third amended this errour , and ordered that no commissions of oyer and terminer should issue forth , but unto commissioners named by the court , and not by the party complaining . but the judges of assize are now on the growing hand , both for honour , use , and power ; the rather , because their persons are of high repute in the benches at westminster , which are the master-pieces of judicature , and their iters are constant and ordinary . nevertheless , the judges of assize , though they have the gaol-delivery annexed to them , yet have they not that absolute power of the kings-bench ; but are still under the rule of their commission , which is not alterable but parliament ; and which by it was altered by way of adding new powers as new crimes arose , that required the eye of the state to provide . and so the judges of assize by degrees grew to be the ordinary administrators of justice throughout the kingdom , yet holding still forth to them a limited power , to hear and determine in some cases ; but in others onely to enquire , and certifie , as in the case of false returns by the sheriff of persons elected for the parliament . and also in cases concerning the statutes of labourers , and unlawful games and pastimes ; in which case the certificate is to be made to the chancellor . and also in cases concerning liveries , contrary to the statutes wherein the certificate is to be made to the kings-bench ; which power in this last case , continued in that manner by the space of thirty years ; and then by another statute they had the power to determine such cases before themselves . in like manner they had power to hear and determine cases of falshood , in counterfeiting and corrupting of money , by washing , clipping , &c. and also defaults committed by sheriffs , bayliffs , and their officers , against the statutes of forcible entries , and of wearing of liveries , as aforesaid . these were signs of much confidence and trust in them ; and yet notwithstanding , not in these , nor in these , were the penalties by fine left to the arbitry of the judges ; no nor to the justices of the kings-bench , but were by the very letter of the law determined . nor would the parliament trust these men with doing justice in the cases aforesaid , in their own counties where they dwelled ; nor did it think expedient to allow the chief justice of the king-bench unto that service in any of them all , but onely once in the county of lancaster , and then onely at the king's pleasure . otherwise it was to be as was used by the space of one hundred years foregoing ; possibly because his power was too great to be trusted amongst the people . lastly , the judges of nisi prius were anciently made by edward the first , by whom also the assizes were settled at certain times of the year ; and afterwards by the statute of york , the nisi prius in smaller cases was granted before one justice of the bench where the plea dependeth , and one substantial man of the county ; but those of greater concernment were to be had before two justices of that bench ; or in case they were wanting , then before justices of the other bench ; or in default of them , before the chief baron , if he were a man of law ; and in default of that , before the judges of assize . therefore in those days the justices of the benches in their iters in the counties , were divided in their power ; some being for assizes , others for nisi prius ; and in some times and cases , some were for both . for in those times of edward the third , judges of assize had power to enquire in some matters that concerned the crown , or to try nisi prius . nor were these powers united , till in henry the sixth's time , justices of nisi prius had the power of oyer and terminer annexed to them in all cases of felony and treason . what was formerly provided by edward the third , and richard the second , for instruction to these judges , and to bind them thereto by solemn oath , i shall not particularly mention , but shall leave the consideration of the original of the whole judicature of this nation , unto the readers observation upon the premises . chap. xx. concerning sheriffs . henry the fourth , after a small rest in his throne , though he always sate loose , sought after the civil peace , as the corner-stone of his subsistence , and that by a way of justice ; which found more acceptance with the vulgar , than the common education of the greater number in these times could promise : for the worst of men cannot endure to suffer injustice , though themselves will do it . now because where kings are reputed to be the fountain and life of justice , sheriffs may be reputed to be the breath thereof ; and by their irregularities do render the government of the king as loathsome , as unsavoury breath doth the person whose it is : therefore henry the fourth chose rather to be a loser in his farm●●ts of the sheriff-wicks , than to occasion the sheriffs to save their bargains by oppression . and to this end he took away the course of farming of sheriff-wicks , and made the sheriffs bare accountants for the annual profits ; and as touching the casual profits , the sheriff discharged himself upon oath . this was a good security to the king ; but yet the people was not herewith satisfied : for though the sheriffs might not take to farm , yet what they had , they might let to farm ; and then wherein are the people the better for these laws ? seeing it is all one for them , to be oppressed by the sheriff immediately , as by the proxy . for preventing of this inconvenience , another law is made , that the sheriff shall not let his bailywick to farm , nor be non-resident ; and to this he must bind himself by oath . so as now the sheriff is double girt , and may be fairly ridden , without danger to the king or people . but men ride horses for ease and pleasure ; and he that must bend his mind always to watch his horses motion , will chuse rather to go on foot . and therefore henry the fifth renewed the law of richard the second , that sheriffs shall be but for one year ; and then not to be chosen again , nor serve for three years next following . this order continued for the space of eight years ; within which time , war and pestilence had consumed so many of the richer sort of people , that a dispensation is granted , that sheriffs may continue in their places for four years . and it was above twenty years after , e're the stock was recruited again ; after which time the substance of the former statutes of edward the third , richard the second , and henry the fifth , is revived again ; with a penalty upon the sheriff , his deputy , or clerk , that shall execute that place above one year . so the custom of holding that office ten or twelve years , by occasion of the dispensation for four years , was laid aside . but the cure would never be perfect , so long as sheriffs held by inheritance : for it was easie to find new deputies , but not to lay down old customs ; nor could it be lasting , unless the penalties also had been annexed to the particular crimes . for a sheriff , before he is a year old , by experience formerly had , becomes too cunning for all these laws ; and therefore laws are made also against the ordinary corruption of these places ; such as are extorting of fees , false making of juries , false returns of writs , &c. and damages in such cases given to the party wronged : and when all is done , he is not trusted with taking of indictments . thus , with much ado , a sheriff is made a tolerable officer ; and his place by degrees so hedged in , that what was in former times hard to pluck up , is now become hard to set . chap. xxi . of justices and laws concerning the peace . the faint title of henry the fourth to the crown , made him ever tender of the civil peace ; without breach whereof , he was sure to be quiet in the throne . he undertook not this work by any superlative power from and by himself , but useth the help of the parliament and laws ; wherein he was industrious ; pretending love of unity amongst his people , which nevertheless he liked not , unless in order to quiet between himself and them . the former way of justices of peace he followed close , reducing the persons to their ancient qualifications . the most sufficient persons , inhabitants in the county , worth at least twenty pound yearly , unless they be lawyers , or such as are justices in corporations . nor is the king troubled or trusted with the naming or electing of these men , but the chancellor , or the kings council ; so as now by law the king can neither be justice , nor make justice jure proprio , but as his interest with the council is more or less prevalent : and that power that first gave it to the crown , the same power took it away , or imparted , and placed it else where . but as touching the work or power of the justices themselves , it grew exceedingly ; much whereof was only of enquiry , and to make certificates , as of heresie , treason , falshood of sheriffs , &c. but more of oyer and terminer , as in case of watches , deceitfulness in trades ; as of making arrow-heads , guilding of metal , tanning of leather , imbasing of silver , selling of waxen images and pictures , &c. for the superstition of these times was such , as these petty gods were not set at so high a price by the seller , but a higher price by the buyer . the parliament therefore set a true value of them , viz. for the wax , so much as the wax is worth by weight , and but four pence for the godhead : so as it seems the parliament was not very superstitious in their house , whatever they were at church . furthermore , the justices of the peace had power to punish deceit in measures , weights , forcible entries , and detainers . in many of which cases , the penalty being fine and imprisonment , became a snare to many of the justices , especially such as were of the greater and higher rank , who having castles of their own , under colour of justice imprisoned delinquents in their own castles , and ransomed them at their own pleasure ; which proved a great oppression to the people , and occasioned a law , that no justice should commit any delinquent to other than the county-gaol , saving franchises to the lords . those times are happy , when justice waits not altogether at court , but grows up in the fields ; and justices of peace , as the kings arms upon the royal mace , are terrible onely to the bad ; and not as they are pictured before an ale-house-door , to invite men to transgress . the laws for the preservation of the peace , concern either punishment of crimes committed , or prevention of them from being committed . there is a succession of crimes , as of men and ages ; because the scripture tells us , that the hearts of all are fashioned alike ; yet it is with generations as with men , some incline to some crimes more than other ; and that is the reason that the title treason , sometimes is set forth in folio , sometimes in a lesser volume . it is evident is story , that the violent times of richard the second , had raised the value of that , amongst other offences , above measure ; not long before his time , his father had reduced that wild notion of treason to a certain rule , that formerly wandred in a wilderness of opinions . but henry the fourth , either to save his own stake , or to take the people , or both , reduced it again to the statute-rule of edward the third , and made void that statute of his predecessors ; which had made a former act of parliament , and all the service thereby done , treason . the dimensions of treason thus clearly limned and declared , taught ill-disposed minds to keep out of the letter , and yet to be bold with the scene : counterfeit money they durst not ; yet to diminish the same , they thought came not within the circle ; and so it became a common grievance , till a law was made , that all purposed impairing of money should be treason . and so the parliament held forth to all men , that they had a power to declare treason , without the bounds of the statute of edward the third . the like power it held forth in the time of henry the sixth ; for men knew that burglary and robbery were mortal crimes , they would no more of that ; now they devise a way to spoil , and prey for themselves , and yet neither to rob , nor break house . to this end they would scatter little scrolls in writing , requiring the party that they intended to prey upon , to leave so much money upon such a day , at such a place ; and this was sub poena of burning the parties house and goods : which many times did ensue upon default made . this practice was at once made treason , to prevent the growth of such an evil . and the like was done with robberies and manslaughters , contrary to the kings truce and safe-conduct . as many or more new felonies were also now created . one was the cutting out of mens tongues ; and plucking out of eyes ; a strange cruelty ! and that shewed the extream savageness of those times ; so much the more intolerable , by how much the poor tortured creature could hardly be either eye or ear-witness of the truth of his own wrong . a second felony was , the customary of carrying of wool , or wool-fells out of the realm , to other places ; except calis . another felony concerneth souldiers , which i refer over to the next chapter . the last was , servants plundering their masters goods , and absenting themselves : if upon proclamation made , they appear not , this was also made felony . in the next place , as touching forcible entries , and riots , the remedies so often inculcated , and new dressed , shew plainly the nature of the times . these kind of crimes commonly are as the light skirmishes in the beginning of a war , and follow in the conclusion also , as the faintings of a battle fought till both sides be weary . i shall not enter into each particular statute , divers of them being little other than as asseverations annexed to a sentence ; to add credit , and stir up minding in men , that otherwise would soon forget what is said or done . the remedies formerly propounded , are now resined , and made more effectual . first , in regard of speed , which is as necessary in these forces , as the stopping of the breaches of waters in the first act ; and therefore one justice of the peace may proceed upon a holder by force , or breaker of the peace , with a continuando : but riots are looked upon as more dangerous ; and the first opposition had need be more stiff , lest being uneffectual , it aggravate the violence ; and therefore it is required that two justices and the sheriff should joyn in the work , to carry on the work with more authority and power . and what they cannot do in the punitive part , they must certifie to the king and his council , or to the kings bench , if traverse be made . so as though the power of the county be annexed to the sheriff jure ordinario to maintain the peace , yet the parliament did delegate the same upon justices , as it thought most expedient . to maintain and recover the peace when it is broken , shews more power ; but to prevent the breach , shews more wisdom ; and therefore to all the rest , the wisdom of these times provideth carefully . first , for guards and watches , according to the statute at wint. and committed the care thereof to the justices of the peace . and secondly , against the gendring of parties ; for it is commonly seen , that such as the admired for excellencies of person , are so far idolized of some , as that their gestures , actions , and opinions are observed : tokens of favour ( though never so small ) are desired from such ; and the idol likes it well ; gives points , ribbons , it may be hats ; and with these , men are soon gained to be servants in the fashion , and not long after to be servants in action , be it war , or treason , or any other way . this manner of cheat , the former times had been too well acquainted with ; knights and esquires , are not to be feared in times where the word lord carries the wonderment away ; their offences against the statutes of liveries , are all great , though in themselves never so small ; and therefore are sure of fine , and ransome ; and it is well if they escape a years imprisonment without bail or mainprize . lords may wear the king livery , but may give none . knights and esquires may wear the kings livery in their attendance upon his person , but not in the country . the king and ●●ince may give liveries to lords , and menial servants . the sum is , that liveries may be given by the more publick persons , for state , not to make parties ; and men may wear liveries in token of service in peace , and not in arms. one thing must be added to all , which may concern trial in all , viz. a law was made , that noble ladies shall be tried by their peers . a law now of the first stamp ; and strange it is , that it never came before now into the breast of the law ; but that it came now , it is not strange . no meaner person than the dutchess of gloucester is first charged with treason ; when that could not appear , then for necromancy ; very fitly , that she might be tried by the ecclesiastical way of witnesses . she is found guilty , and a sentance of penance ▪ and imprisonment , or banishment passed thereupon ; after such a wild way , as both nobles and commons passed this law , for the vindication of that noble sex from such hudling trials for the future . chap. xxii . of the militia during these times . the title of henry the fourth to the crown , was maintained principally by his tenures , which the courtiers call knight service ; but the common people , force of arms : and that which destroyed many a man , was the principal means of his subsistence . otherwise it is clear , that his title was stark naught ; nor could he outface mortimer's title , without a naked sword , which he used warily : for he had enemies enough to keep his sword in hand ; and friends enough to keep it from striking at random . for coming in by the peoples favour , he was obliged to be rather remiss than rigorous : yet his manner of coming was by the sword , and that occasioneth men much to debate about his absolute power in the militia , as supposing that what power he had , other kings may de jure challenge the same . and let that be taken for granted , though it will not necessarily follow in true reasoning : and let it also be taken for good , that henry the fourth entred the throne by his sword ; yet is there not any monument in story or antiquity , that favoureth any absolute right in him over the militia ; but the current is , i think , somewhat clear against it . first , because henry the fourth , de jure , could not compel men to serve beyond the seas , but raised them by contract ; and therefore by act of parliament , he did confirm the statute edw. . stat. . cap. . which statute was purposely made to that end . and the same also is countenanced by another statute made in these times , whereof we now treat ; by the words whereof appeareth , that the souldiers for the foreign service were levied by contract between them and the captain , who undertook to levy them by wage ; so as none were then compelled to enter into service by imprest , or absolute command . nor is there any authority amongst all those cited in calvin's case , that doth mention any such thing ; but contrarily , that opinion of thirning is express , that the king cannot send men beyond seas to wars without wages ; and therefore no man is bound to any such service , by any absolute legiance , as the reporter would understand the point : but if he receiveth wages thereto , he by that contract binds himself . secondly , it seemeth also to be granted , that such as went voluntarily in the kings service , ever had the kings pray , after they were out of their counties , if the king ruled by his laws . for by the statute formerly mentioned , the king did likewise confirm the statute of edw. . stat. . cap. . which is express in that point ; and the matter in fact also is evident upon the records . thirdly , touching the arming of those that were thus levied , as there was a certain law , by which all men were assessed to certain arms , either by the service and tenure of their lands , or by parliament ; for such as were not bound to find sufficient arms by their tenure , according as is contained in the statute edw. . stat. . cap. . so did henry the fourth , by the statute formerly mentioned to be made in his time , confirm that law of edward the third . in the argument of calvin's case it is much insisted upon , to prove the legiance of an english man to the king , to be absolute , because he hath power to send men to war at his pleasure ; and he hath the onely power to make war ; and if so , then hath he absolute power in the militia . as touching the power of sending men to war , hath been already spoken ; but as touching the power to make war , there is no doubt , but where a king hath made a league with another king , he onely can break that league , and so make war ; and that opinion of brian must be agreed for good in that sence . but if a league be made by act of parliament , or if the king will have war , and the parliament will make a league without him ; no authority doth in such case avouch , that it is the right of the king , or that he hath a legal power to break that league as he pleaseth . neither in the next place , hath the king any right or legal power to make war with his own subjects as he pleaseth , but is bound to maintain the peace , not onely by his oath at his coronatiion , but also by the laws whereto he is bound , if he will reign in right of an english king. for every man knoweth that the grounds of the statutes of wearing of liveries , was for the maintaining of the publick peace . and henry the fourth , amongst other provisions made against that trick , hath this ; that the king shall give onely his honourable livery to his lords temporal whom shall please him , and to his knights and esquires menial , and to his knights and esquires which be of his retinue , and take of him their yearly fee for term of life ; and that no yeoman shall take or wear any livery of the king , nor of none other lord. and another law was made within one year ensuing , confirming the former , and providing that the prince may give liveries to such lords as he pleases , and to his menial gentlemen ; and that they may wear the same , as in the kings case . by both which , the king and prince are both in one case , as touching the power of giving liveries ; if the one hath absolute power , then hath the other the like ; if one be under the directory of law in that point , then is also the other : for it is clear , that the king is intended by the statute to be bound from giving liveries , and the people from wearing them , otherwise than in especial cases . and then the conclusion will be , that if the king may not give liveries to the prejudice of the peace , then may he much less break the peace at his pleasure ; or levie men , arms , and war , when he shall think most meet . take then away from the king absolute power to compel men to take up arms otherwise than in case of foreign invasion , power to compel men to go out of their counties to war , power to charge men for maintenance of the wars , power to make them find arms at his pleasure , and lastly , power to break the peace , or do ought that may tend thereto ; and certainly the power of the militia that remaineth , though never so surely setled in the kings hand , can never bite this nation . nor can the noise of the commission of array entitle the king unto any such vast power as is pretended . for though it be granted , that the commission of array was amended by the parliament in these times ; and secondly , that being so amended , it was to serve for a precedent or rule for the future : yet will it not follow , that henry the fourth had , or any successor of his hath any power of array originally from themselves , absolutely in themselves , or determinatively to such ends as he , or they , shall think meet . first , as touching the amendment of the commission , it was done upon complaint made by the commons as a grievance , that such commissions had issued forth , as had been grievous , hurtful , and dangerous : and the king agrees to the amendments . upon advice had with the lords , and judges . and if it be true that the amendments were in the material clauses ( as it is granted ) then it seemeth that formerly a greater power was exercised than by law ought to have been ; and then hath not the king an absolute power of array ; for the just power of a king can be no grievance to the subject . secondly , if the commission of array thus mended , was to serve as a rule of array for the future ; then there is a rule , beyond which , henry the fourth , and his successors , may not go ; and then it will also follow , that the power of array is not originally , nor absolutely , in the king ; but from , and under the rule and law of the parliament : which rule was not made by the kings own directions , but ( as we are told ) beyond expectation , alterations were made in material parts of the commission , and the powers in execution there , whereof no complaint of grievance had been made . the issue then is : if the king had an universal power in the array , the parliament likewise had a general liberty , without any restriction to correct that power . lastly , suppose that this power of the parliament is executed , and concluded , by the commission thus amended , and that thereby the kings power is established ; yet can it not be concluded , that this power is originally or absolutely in the king. it is not absolutely in him , because it is limited in these particulars . ( first . ) it is not continual , because it is onely in case of eminent danger . ( secondly . ) it is not general upon all occasions , but onely in cases of a foreign and sudden invasion and attempts . ( thirdly . ) the powers are not undefined , but circumscribed . . to array such as are armed , so as they cannot assess arms upon such . . to compel those of able bodies and estates to be armed ; and those of able estates and not able bodies , to arm such as are of able bodies and not estates : but this must be juxta facultates , and salvo statu . . whereas they strain themselves to make the statute of henry the fourth , and the commission of array , to consist with the statutes of e. . e. . and e. . thereby they affirm so many more restrictions unto this power of array , as those statutes are remedial in particular cases : yet do i not agree to their glosses , but leave them to the debate already published concerning the same . secondly , as this power was not absolutely in the kings , so was it not originally from themselves , because they had not the legislative power concerning the same ; but the same was ever , and yet is , in the parliament . hereof i shall note onely three particular instances . first , the militia is a posture that extendeth as well to sea as land : that which concerneth the sea , is the law of marque and reprizal , granted to such of the people of this nation as are pillaged by sea , by such as have the king's conduct , or publick truce . and by this law the party pillaged had power to recompence himself upon that man that had pillaged him , or upon any other subject of that nation , in case upon request made of the magistrate in that nation , satisfaction be not given him for his wrong : it was a law made by the parliament , whereby the chancellour had power to grant such letters or commission upon complaint to him made . this was grounded upon the statute of magna charta , concerning free trade , which had been prejudiced by the rigour of the conservators of the truce , against the kings subjects ; although what was by them done , was done in their own defence . and by which means the foreigners were become bold to transgress , and the english fearful in their own charge ; and many laid aside their trade by sea , and thereby the strength of the kingdom was much impaired . nor is the equity of this law to be questioned ; for if the magistrate upon complaint made grants not relief , the offence becomes publick , and the nation chargeable , in nature of an accessory after the fact , and so the next man liable to give satisfaction , and to seek for relief at home . the king then hath a power to grant letters of marque by sea or land , and this power is granted by parliament ; and this power is a limited power onely in particular cases , in regard that many times these prove in nature of the first light skirmishes of a general war. two other instances yet remain concerning the order and government of the souldiers in the army ; the one concerning the souldiers pay , viz. that captains shall not abate the souldiers wages , but for their clothing , under peril of fine to the king. the other concerning the souldiers service , that they shall not depart from their colours without leave , before the time of their service be expired , unless in case of sickness , or other good cause testified and allowed by the captain ; and such as shall do otherwise , shall suffer as felons . which laws could not have holden in force , had they not been made by parliament , in respect that the penalties concern the estates and lives of men , which are not to be invaded but by the law of the land. so as both captains and souldiers , as touching the legislative power , are not under the king in his personal capacity , but under the law of the parliament . lastly , as the rule of war was under the legislative power of the parliament , so was the rule of peace : for whilst henry the sixth was in france , which was in his tenth year , from st. george's day till february following ; the scots propound terms of peace to the duke of gloucester , he being then custos regni ; which he referred to the order of the parliament , by whom it was determined , and the peace concluded , in the absence of the king ; and was holden as good and effectual by both kingdoms , as if the king had been personally present in his full capacity . chap. xxiii . a survey of the reigns of edward the fourth , edward the fifth , and richard the third . the reign of henry the sixth , was for the most part , in the former parts of it , like fire buried up in the ashes ; and in the latter parts , breaking out into a flame : in the heat whereof , the duke of york , after fealty given by him to henry the sixth , and dispensation gotten from the pope to break his faith , lost his life ; and left his son the markgrave to pursue his title to the crown ; which he claimed by inheritance , but more especially by act of parliament made upon the agreement between henry the sixth and his father . this was edward the fourth , who nevertheless reserved himself to the election of the lords , and was by them received , and commended to the commons in the field . by which means he gaining the possession , had also encouragement to maintain the same ; yet never held himself a king of full age , so long as henry the sixth lived , which was the one half of his reign . nor did he , though he held many parliaments , scarce reach higher than at reforming of trade ; which was a theam well pleasing to the people , next unto their peace , which also the king carefully regarded . for although he had been a souldier of good experience , and therewith successful , yet as one loath to trust too far , either the constancy of the people of his own opinion , or the fortune of war with his neighbouring princes , he did much by brave countenance and discourse : and yet gained repute to the english for valour , after the dishonourable times of henry the sixth . he had much to do with a wise king of france , that knew how to lay out three or four calm words at any time , to save the adventure of his peoples bloud ; and make a shew of money , to purchase the peaceable holding of that which was his onely by force , until the wind proved more fair to bring all that continent under one head . in his government at home , he met with many cross gales , occasioned principally by his own rashness , and neglect of the earl of warwick's approved friendship , which he had turned into professed enmity ; and so weakned his own cause thereby , that he was once under water , his kingdom disposed of by new intail upon the heirs of duke clarence ; and so the earl of warwick remained constant to the house of york , though this particular king was set aside . nor did he in all this gain any thing but a wife , who though his subject , and none of the greatest family , neither brought any interest unto her lord and husband amongst foreign princes , brought nevertheless a pearl , which was beyond all ; which was , the purchase of the union between the two houses of york and lancaster , and a peaceable succession in the throne for a long while to come . it must be granted , that there fell therewith an unhappy inconvenience in the raising of a new nobility of the queens kindred , of whom the ancient stock of nobility thought scorn ; and yet they were so considerable as to be envied . a wound hard to be cured , and yet easily avoided by such as know how to deny themselves : and therefore can be no prejudice unto that conclusion , that for an english king to marry his own subject , is more safe for the king , and beneficial for the kingdom , than to marry a stranger . but edward the fourth did not long lie underneath ; upon the next fair gale , he comes from beyond the sea , and ( like his first predecessor of the house of lancaster ) claims onely his dutchy ; which no man could in reason deny to be his right , and therefore were the sooner engaged with him in that accoust . this was an act that in the first undertaking seemed modest ; but when it was done , appeared too bold to adventure it upon the censure of henry the sixth ; and therefore they were not more ready to engage , than slack to dis-engage , till they were secure in the kings interest ; which not long after ensued , by the death of henry the sixth . thus edward the fourth recovered the crown , to save his dutchy . his government was not suitable : for he came in by the people , but endeavoured to uphold himself by foreign dependencies ; as if he desired to spread his roots rather wide than deep . how ill this choice was , the event shewed : for plants that root wide , may be strong enough against an outward storm ; but they soon grow old , barren , and rot irrecoverably from beneath . such was the end of this mans government ; himself lived and died a king , and left issue both male and female ; the one tasted the government , the other kissed it ; but neither of them ever enjoyed further than a bare title . nor was the government of edward the fourth so secured by the engagements of foreigners : for as he sought to delude , so he was deluded , both by burgundy and scotland , to the prejudice of all three . towards his own people his carriage was not so much by law , as by leave : for he could fetch a course out of the old way of rule , satisfie himself , dissatisfie others , and yet never was called to account . what was done by entreaty , no man could blame ; and where entreaties are countenanced by power , no man durst contradict . thanks to his fate , that had brought him upon a people tired by wars , scared by his success , and loth to adventure much for the house of lancaster , in which no courage was left to adventure for it self . the greatest errour of his way , was in the matter of revenue ; the former times had been unhappy in respect of good husbandry ; and edward the fourth was no man to gather heaps . his occasions conduced rather to diffuse , and his mind generally led the way thereto ; so as it is the less wonder if he called more for accommodations , than the ordinary treasury of the crown could supply . hereto therefore he used expedients , which in his former times were more moderate : for whilst henry the sixth lived , he did but borrow by privy seal , and take tunnage and poundage by way of hire . afterwards , when no star appeared ( but what was enlightned from his own sun ) he was more plain , and tried a new trick , called benevolence . unwelcome it was , not onely in regard of its own nature , but much more in the end : for it was to serve the duke of burgundy in raising a war against france in the first view , but in the conclusion to serve his own purse , both from friends and foes . and yet this also passed without much controul ; for when displeasure was like to ensue , he could speak fair , and feast , and , if need was , kiss away all discontent . towards his end , as stale drink , he grew sowr : for as in the first part of his reign he had been supplied by good-will against law ; so in his latter times , he had gotten a trick of supply by law against good-will . this was by penal laws , which are a remedy if they be used ad terrorem ; but if strained beyond that , the remedy proveth worse than the disease . in their first institution , they are forms of courtesie from the people to the king ; but in the rigorous execution of them , are trials of mastery of the king over the people , and are usually laid up against days of reckoning between the prince and them . those penal laws are best contrived , that with the greatest terrour to the delinquent , bring the least profit to the king's coffers . once for all , this king's acts were many , his enterprizes more , but seldom attaining that end which they faced . he was a man of war , and did more by his fame than his sword ; was no sooner resolved in good earnest , but he died , left a kingdom unassured , his children young , and many friends in shew , but in truth very few . now , if ever , was the kingdom in a trance . edward the fourth left a son , the prima materia of a king , and who lived long enough to be enrolled amongst english kings , yet served the place no further than to be an occasion to fill up the measure of the wickedness of the duke of gloucester , and a monument of gods displeasure against the house of edward the fourth ; whether for that breach of oath , or treachery against henry the sixth , or for what other cause , i cannot tell . but at the best , this prince was , in relation to his uncle the duke of gloucester , little other than as an overseer to an executor , that might see and complain , but cannot amend . for the duke ruled , over-ruled , and mis-ruled all , under the name of edward the fifth ; and left no monument of good government upon record , till he changed both the name and person of edward the fifth to richard the third : his fame had lifted him up , and might have supported him , had he regarded it . but as no man had more honour before he ascended the throne , so no man ever entred and sate thereon with less . his proceedings were from a protector to an vsurper , and thence to a tyrant ; a scourge to the whole nation , especially the nobility ; and lastly , an instrument of gods revenge upon himself , a man made up of clay and blood , living not loved , and dying unlamented . the manner of his government was strained ; having once won the saddle , he is loth to be cast : knowing himself guilty all over , and that nothing could absolve his fame but a parliament ; he calls it , courts it , and where his wit could not reach to apologize , he makes whole by recompence ; takes away benevolences ; he is ready to let them have their present desires , what can they have more ? he promiseth good behaviour for the future ; which he might the better do , because he had already attained his ends . thus in one parliament ( for he could hold no more ) he gave such content , as , even to wonderment , he could assoon find an army in the field to fight for him , as the most meritorious of his predecessors . hi● ill title made him very jealous , and thereby taught his best friends to keep at a distance ; after which time few escaped that came within his reach ; and so he served god's judgement against his adjutants , though he understood it not . amongst the rest , against the duke of buckingham his great associate , both in the butchery of the two young princes , and usurpation of the royal scepter . he lived till he had laid the foundation of better times in the person of henry the seventh , and then received his reward . but an ill conscience must be continually fed , or it will eat up its own womb . the kings mind being delivered from fear of the sons of edward the fourth , now dead , torments himself with thoughts of his daughter alive : ashamed he is of butchery of a girl ; he chuseth a conceit of bastardizing the children of elizabeth gray , that calleth her self queen of england ; but this proved too hard to concoct . soon after that , he goes a contrary way : the lady elizabeth gray is now undoubted wife of edward the fourth , and her eldest daughter as undoubted heir to the crown . and so the king will now be contented to adventure himself into an incestuous marriage with her , if his own queen were not in the way , onely to secure the peace of the kingdom ; which he , good king , was bound in conscience to maintain , though with the peril of his own soul ; and in this zeal of conscience , his queen soon went out of the way , and so love is made to the young lady . but henry earl of richmond was there before ; and the lady warily declined the choice , till the golden apple was won , which was not long after accomplished ; the king losing both the lady , his crown , and own life together , put an end to much wickedness , and had the end thereof in bosworth-field . chap. xxiv . of the government in relation to the parliament . the seasons now in tract were of short continuance ; lives passed away more speedily than years ; and it may seem useless to enquire what is the nature of the government in such a time , whenas the greatest work was to maintain life and soul together ; and when all is done , little else is done . for though the title of the house of york was never so clear against that of lancaster ; yet it had been so long darkned with a continual ●uccession of kings of the red rose , that either by their merit had gained a throne in the peoples hearts , or by their facility had yielded their throne up to the peoples will , as it proved not easie to convince them that liked well their present lot , and were doubtful of change ; or to make them tender of the right of edward the fourth above their own quiet . above threescore years now had england made trial of the government of the lancastrian princes , and thereof about thirty years experience had they of henry the sixth ; they saw he was a gentle price . on the other side , edward the fourth , newly sprung up out of a root watered with blood , himself also a man for the field . this might well put the minds of the people to a stand , what to think of this man , whose nature and ends are so doubtful , and brought nothing to commend him to the good wills of the people , but his bare title ; which the common sort usually judge of , according as they see it prosper more or less . add hereunto , that divine providence did not so clearly , nor suddenly , determine his secret purpose concerning this change , by any constant success to either part ; by means whereof , the one half of edward the fourth's reign was spent , while as yet henry the sixth was in view , and the minds of men left unassured , neither trusting much to edward the fourth , nor he to them . and after that henry the sixth was gone out of the way , edward the fourth could not readily change his posture ; used arguments of force and power , and for the most part , looked like a man in arms , with his hand on his sword , ready to draw upon the next man that stands in his way . thus are the people partly driven , and partly drawn , into an oath of allegiance unto edward the fourth , under peril of attainder ; and the parliament assured unto him once more . for immediately upon the departure of edward the fourth beyond sea , after ten years of his reign , the parliament ( never staying for the issue of providence ) declared the throne void of edward the fourth , and henry the sixth king. the judges likewise of the courts of westminster determined the same thing , as may appear by the law-reports of those times in print : wherein reattachments were often granted by them upon discontinuance of process by this demise of edward the fourth . and thus henry the sixth is once more king for six months , viz. from october to april , at which time the ballance turns ; edward the fourth returns , gets into the throne ; henry the sixth is again dethroned ; all things are as they were , and all confirmed by act of parliament . for that body is ever wise enough to side with power , rather than to spend much time upon fruitless orders and votes that will pierce no armour ; and therefore , like the times , must needs be subject to fits of distemper at the coming in of every tide ; and did build , and pull down , enact , and disenact , turn and return the english crown from york to lancaster , and back again ; and in conclusion , for some time did do little but undo . nor can they be justly censured herein ; for councils of men are not ordained to hinder divine providence , or over-rule fate ; but to foresee , and close with occasions , in the most advantageous way for the publick good ; and when both winds and currents are uncertain , to ride at flote , till they can discern the most commodious haven to winter in . to impute therefore fault unto the parliament in such cases , for want of uniformity , and immutability of councils , is somewhat like the notion that batchelors conceit of wives ; they would have , but they do not know what other 〈◊〉 an idea of their own fancy . now if it be enquired which course prevailed , in order either to the kings royalty , or the peoples liberty , i shall answer , neither of these : but the house of york prevailed to hold the crown , and might have advanced the authority thereof , had they not fall'n out amongst themselves for the spoil ; and edward the fourth was not altogether disposed thereto . the success that he had in the field , and his souldiery , made him look big like a king of the greater size ; but kings sleep not securely upon such pillows . when the militia is on horseback , it is as ready to be a guard upon the king , as for him ; and when it is most sober , not so easily governed as a commonwealth . and therefore edward the fourth , now in arms , though he found it a hard notion to maintain the peoples liberty where no man is free from the souldier , yet he enclined thereto . we read of a multitude of taxations of all sorts ; and of benevolences , the worst of all those sorts . for souldiers must have money ; or if not , they will have it : but the king would not force things so far as his power could reach ; he will have money , but it shall be by order of the parliament . he might have pretended much upon the commission of array ; yet did it not , but chose rather to be lord of the seas . and because it was too great a farm for his private purse , he prays aid of the parliament by the way of tumage and poundage , which was in demand nine years before the parliament granted it . and when it was granted , it was with such restrictions , that it is evident the king preferred the right of the parliament therein , above his private honour . secondly , titles of honour are but windy notions ; and every one knows what claim is made by kings , to have the sole interest in conferring the same . this edward the fourth neglected so far , as he interested the parliament , both in the conferring of them , and resuming the same . thirdly , the course of trade was now more especially looked to , not by the king and privy council , but by the parliament . and because it was much decayed , partly by reason of the ill government thereof , and partly by the excessive lavishness of these times , many laws are made for remedy of both . and first , the staple was setled sometimes at calis alone , sometimes at it and middleborough ; and by this means , england gained trade from both nations ; but the principal thanks is to be given to the interest between the king and the house of burgundy . then course is taken for the bringing of the staple . commodities onely to those places , and the return to be made in money , and not commodity by exchange . then for the well making of staple-manufactures , and restraining importation of foreign manufactures of such kinds . then against transporting of english coyn , and importing of foreign coyn , other than bullion . and as touching the second grievance , it seems , gallantry or vanity of apparel was a sore disease of these times , which were become times of fashions , and wherein the king led the way by his own example . for he desired to be brave ; and that he might be more brave , he passed laws that the people should be less brave , assessing a sort of apparel for every degree , and therein stooped so low , as to define the fashions of their very shoes . fourthly , the parliament retained their ancient right of reducing the course of judicature . for whereas sheriffs had hitherto holden their course of trial of the moaner sort of felonies , and trespasses , and offences , determinable onely by imprisonment , or fines and amerciaments ; whereby mens estates did lie under the continual pillage of these covetous and extorting officers : it was established by the parliament , that these men should have for the future , only power of enquiry , and to certifie at the next sessions , and there the trial to be ; and fines and amerciaments to be set , taxed , and estreated unto the exechequer , and from thence to be levied , and thereof the sheriff give account . this was a great security to the peoples estates , but gave them not a full remedy : for though the trial was now more fair , yet these officers were judges of suspicion , and had still power upon suspicion to imprison their persons , and seize their estates , under colour to save them for the king , in case conviction followed . for remedy hereof , the justices of the peace have now power given them to bail , in case of light suspicion ; and it is further declared , that no mans estate shall be first seized , till conviction and attainder first be had . and because escheators grew no less burthensome in their way , it was therefore ordered , that no man shall be allowed in such office , unless he hath lands to the value of twenty pounds per annum ; and that he shall be responsible for such wrong done by himself , or by his deputy and farmer . thus edward the fourth quitted himself like a king in many regards ; but soon ran himself out of breath , gave his lamp to his son , that was too weak to hold it ; a third snatches it away , and for two years carrying it exceeding well , yielded up all encroached royalty to the people , and his crown and life to his successor . chap. xxv . the condition of the clergie . if any gains were had in these uncertain times , the church-men might seem to have them ; having now this advantage , that the commonalty was distracted with uncertain interests of the succession of the crown : and themselves onely united under the popedom , now freed from all schism ; and the popedom managed by sixtus the fourth , who had the hap to be accounted more virtuous than any of his predecessors had been , and to have all the christian princes wholly at his devotion . and lastly , both the clergie and the kings were now joyntly engaged against the rising power of religion , then called heresie ; in order whereunto , the clergie leading the way , had the applause of them that followed , upon an implicite faith , that whatsoever was done , was exceeding well done . nor was it wisdom for kings that sate loose in their thrones , to stumble the good opinions of so considerable a party towards them . and therefore edward the fourth , in his first entrance , granted to the clergie , that which could never be by them obtained from any of the foregoing kings , viz. free liberty of process in all cases ecclesiastical , and in tythes of wood above twenty years growth ; and in case they were troubled upon the statutes of provisors , they should have their remedy in the chancery against those judges , and their proceedings in such cases there to be cancelled . this was done by charter , and was sufficient to shew what the desire of the clergie , and the intention of the king was , viz. at once to favour the church , and under colour of favour done to the clergie , to cancel both common and statute-laws of the kingdom , by the power of the chancellor's decree : nevertheless , all this was but the king's breath ; the policy changed never a whit the more . for the common law held on its course , not onely in cases depending before the holy chair , but also even before the bishop of the diocess at home ; so as neither the king was concluded from his suit , nor the party endamaged from his action by any such charter . and so far were the judges of the common law from being bound by the chancery in such cases , that they professed they would not delay to grant the habeas corpus , to deliver any prisoner by decree of the chancellour in any case triable at the common law. much less did the parliament favour these men so far , as to give them any countenance in any way of gain upon themselves ; but rather made bold with what the church-men in former times challenged as their own ; and upon this account , whereas formerly it had inhibited fairs and markets upon the lord's day , now it inhibited the sale of boots , shoes , &c. upon that day , though done never so privately ; which they did at the first onely within the city of london , and three miles thereof . i suppose it was made onely by way of trial , it being dangerous in such times to give a stop to all england at once ; otherwise it might be wondered , why god's honour should be better regarded in london than in all the realm besides . of this encroachment we find no complaint made by the church-men ; another touched them to the quick , although it befel onely the arch-bishoprick of york , that hitherto held ordinary jurisdiction over all the bishops of scotland , as being their provincial . now it is disclaimed by them all ; and they are backed therein by their king , under pretence of great inconvenience to his bishops in their so far travels ; but in truth , not unlike to jeroboam , though he pretended it was too much for them , yet he thought it unsafe for himself that his bishops should owe canonical obedience to the subject of another prince ; and upon this ground prevailed with pope sixtus the fourth to make the divorce , and left it to future ages to try the validity thereof , if they would . this is all that i shall observe of the government of these three kings , whose reigns in the whole , exceeded not twenty six years ; and their compleat power therein , not much above half so many . chap. xxvi . a short sum of the reigns of henry the seventh , and henry the eighth . the course of english policie hitherto wandring in the different currents , springing from the double head of monarchie and democracie ; and in them likewise often tossed up and down , partly by the blasts of windy titles and pretensions , and partly by the raging tides from the roman see , now begin to come to anchor within view of shore . happy england , if the same prove good harbourage for a fainting nation ! two kings now undertake the steerage ; the work of the first , was to still the winds , the other the seas , and so to bring the adventure safe home . henry the seventh hapned upon a good preparative for this work , in that he delivered the kingdom from a tyrant , whose irregular and bloody way was so odious to the people , that it set a foil upon his successor's government , and made his wisdom , valour , and justice appear greater than possibly it was . his valour made way for the other two ; he had enough thereof to serve a wise man in case of extremity : at other times he made more use of his majesty than manhood ; being confident that the people knew not where to mend themselves , but would be at his devotion , so long as he was better than his predecessor , though he cared not how little . his wisdom was his greatest part , of which , upon all occasions , he made the greatest improvement he could , without reflecting upon conscience , or religion , whereof he had tasted no more than would render him a civil man ; whereunto his education did lead the way . thus , though his valour brought him to the crown , yet it was his wisdom that setled him in the throne . for though he loved himself so well ; that he was loth to pretend allowance of any access of foreign help to his own atchievement in his title , or that he was guilty in the least manner in his entry upon the throne ; yet to keep danger far off , he provided one guard for his person , and many for his title . that of his person , he onely pretended as a ceremony of state brought from the french court ; and yet it is strange that it went so well down with a free people . for that prince that will keep guards about his person in the midst of his own people , may as well double them into the pitch of an army , whensoever he pleases to be fearful ; and so turn the royal power of law , into force of arms. but it was the french fashion , and the king 's good hope to have all taken in the best sence . his title ( setting aside the saying of philip the hardy , that kingdoms onely belong to them that can get them ) would hardly endure the touch , till pope innocent by his bull confirmed the crown to him , to hold by a six-fold right , viz. of inheritance , of war , of espousals , of election , of gift by parliament , and lastly , of pontifical benediction ; which the king liked marvelous well ; and the rather , because his title by marriage was buried up in the middle , and so made the less noise . for though it was his best guard , yet he liked not that it should be so reputed , lest his title should seem rather conferred upon him , than gained by him ; and so should hold by a woman , or at the best by the courtesie of england , if the peoples favour should so far extend the law in that point ; by both which he holds the honour of a compleat king diminished . his title by inheritance is much disputable , if the right heirs of john of gaunt be enquired after : and much more that of war ; for although that brought the possession , yet no right or title , but by wrong ; which may indeed be plaistered over by election , or act of parliament ; but then he must be tenant to the people . as touching the pontifical benediction , himself took that but as a redundancy , that might sway with the clergie , and do his title no hurt . nevertheless , what severally they cannot do , by joynt concurrence he accounts so fully done , as if he were a king against all the world , and more . yet is he not sure enough , but as one jealous is more tender , so is his eye ever upon his title ; there is his guard , and regard ; as if it were the outworks of his crown , which once lost , the crown cannot hold out long . in this work he minded so much his greatness , that he lost the repute of his goodness . then casting his eye upon the government , and finding it of a mixt temper , wherein if royalty prevails not , popularity will ; like a good souldier , whilst his strength is full , he sallies upon the peoples liberties , in regard of their persons , with such cunning conveyance , as he taught the people to dance more often and better to the tune of prerogative and allegiance , than all his predecessors had done . nor did the people perceive it , till they were over their shoes ; and then they clearly saw their condition , and that it was in vain for them to wrangle with their own acts ; of which more particularly in the next chapter . the legiance of persons of the people once gained , their estates more easily follow : and therefore though in the former he wrought by ambuscado , in this he may be more brave , and charge them in the van. yet this he did also by degrees ; first by light skirmishes of borrowing smaller sums of money ( possibly when he had no need ) and paying them again , thereby to gain credit for greater sums , of which he intended not so sudden return . then he charges them home with benevolences ; ( a trick gained in right of his wife from her father ) for he hoped that the person of richard the third was now become so abominable , as his laws would be the less regarded . but in this course he gained nothing but wind. then ( as edward the fourth ) he falls upon malevolences of penal laws ; things made in terrorem , to scare men to obedience , rather than to compel them ; but are now executed ad angorem ; and the people find that he is but a word and a blow with them : and thus , serving his prerogative with power , and his purse with his prerogative , he made all serve his own turn , humanitatem omnem vincente periculo . in the field he always put his wisdom in the van ; for as he was parsimonious in expences of money , so much rather of bloud , if he could prevail by wit. generally he was the first in arms , to make men believe he was more ready to fight than they . thus he many times gained the advantage of his adversaries , and sometimes came off without blows . in the battle he did put on courage as he did his armour , and would dare to adventure just as far as a general should ; as if he had ever regard of his crown , rather than of the honour of a forward souldier ; which nevertheless was also so dear to him , as he is seldom found in the rear , although his judgement commanded in chief , rather than his courage . in the throne he is much more wise , because he was willing it should be known . in doing justice he is seldom suspected , unless where himself is party ; and yet then he is also so shame-faced , as he would ever either stalk behind some law that had a semblance to his ends , or when he meant to step out of the way , he would put his ministers before ; not so much that his fineness might be known , but his royalty . for the lion hunts not its own prey , nor is it regal for a king to be seen in catching of money , though he be understood . besides , it was needless ; he had lords , bishops , judges , and other instruments of malevolent aspects , as so many furies , outwardly resembling men for the commonwealth , but working for the common mischief ; like some pictures , one way looking right , and another way looking wrong . and thus the king comes lawfully by what he catched , though his instruments did not ; and must be still holden for a good king , though it be his hard hap to have ill servants . take him now amongst the people , he is alike to all , yea in some things that might seem to brush upon the king 's own train ; for he had some of his suit that were not altogether of his mind , and these he would spare to the course of justice if need were . as it befel in the case of the duke of suffolk , whom he suffered to be tried at the kings bench-bar , for a murder done upon a mean person , and by such means obtained the repute of a zealous justiciar ; as if justice had been his principal vertue . all this suited well with his main end ; for he that will milk his cattle , must feed them well ; and it encourages men to gather and lay up , when they have law to hold by what they have . his religion , i touch upon in the last place , as most proper to his temper ; for it was the last in his thought , though many times the first in the acting . but where it stood in his way , he turned it behind him ; he made church-men his instruments , that the matter might better relish ; for who will expect ought save well from men of religion ? and then if the worst come , he was but misled by such , as in common reason ought to be trusted . and it is his unhappiness to meet , with clergy-men to serve a turn , and a pope to give his benediction to all . nor was this gratis ; for there were as many mutual engagements between the clergie and him , as any of his predecessors of the house of lancaster besides . lastly , it may well be supposed , however wise this king seemed to be , that many saw through him ; which procured him a troublesome reign ; though many times occasioned by his own interposing in foreign interests , wherein he suffered more from others than they from him . amongst the rest , the dutchess of burgundy ( though a woman she were ) mated him with phantomes and apparitions of dead bodies of the house of york ; the scare whereof put the king and all his people in alarm ; and striking at idle shadows , slew one another . all which , together with the appearances of collections , taxes , and other accoutrements to furnish such employments , were enough to disturb that ease and rest that the king aimed to enjoy ; make him burthensome to his people , and both himself and them weary of each other . and so he went down to the grave with but a dry funeral ; leaving no better testimonie behind him , than that he was a cunning man , rather than a wise english king. and though he died rich , yet is he since grown into debt to the pen-men of his story , that by their own excellencie have rendred him a better king than he was . henry the eighth was a conception in whom the two bloods both of york and lancaster did meet , both of them unconquered , both of them predominant ; and therefore no wonder if he was a man beyond the ordinary proportion of other men in stature of body , and in qualities of mind not disproportionable . it is regularly true , that great bodies move slowly ; but it holds not where much spirit is : and it was the condition of this prince to have a spirit of the largest size , that acted him into motion with no less speed than mighty power . this himself understood right well , and therefore might be haughty upon a double title , both of purchase and inheritance . nor did he fail of expectation herein ; for he could not endure that man that would own his right in competition with king's aims , and therefore would have his kingdom be like his doublet , to keep him warm , and yet sit loose about him , that he might have elbow-room . suitable hereunto were his undertakings , invited thereunto by the inordinate motions , or rather commotions of his neighbouring princes : for it was now full sea in all countries ; and though england was inferiour to some of them , yet the king held it dishonourable for him not to adventure as far as the bravest of them ; and in the end out-went them all . what he wanted in number , he supplied in courage ; wherein he so exceeded , that he avoided dangers rather out of judgement than fear . his thoughts , resolutions , endeavours , and actions , were all the birth of occasion , and of each other ; as if he had obtained a general pass from providence , with warranty against all counter-guards whatsoever . his wisdom served him to espie present opportunities , rather than to foresee them ; and therefore was not so crafty as his father in preventing occasions , yet more dexterous in giving them the rout . for he could manage his hand and foot better than his father , strike downright blows ; and rather than he would fail of his ends , would make one , as many times he did . another advantage he had of his father : for considering the times , he was a learned king , which made his actions carry more majestie , and like a well-feathered arrow from a strong had , drive through the wind steadily to the mark : whenas his father , like a weak archer , must raise his compass , and crave aid of the wind to help him to be right in the end . it is affirmed by some , that henry the eighth was courteous , and debonair ; if so , he must thank his education : but it may be rather supposed , that upon occasion he used the art of insinuation , which he might learn both from the father-side and mother-side ; but he neither practised it much , nor did he rely upon that skill ; for his resolution led him to cut the knot that he could not untie . his learning led him most to divinity , and therein shewed him light enough to see much into the mystery of iniquity , which he did explain to the world passing well ; but as touching devotion , he left that to the care of the church-men . he was very well accommodated with money : first , from the full coffers left by his father , much whereof he spent in pastimes and gallantry , as he was heir to edward the fourth ; and much also in his devotion to the pope , as he was heir to henry the seventh ; in lieu of all which , he was rewarded with a title , defender of the faith ; and so of much ill gotten , was much ill spent . but a better supply he had when rome and he parted asunder , and the current of the riches of the clergie was stopped from running at waste , and returned into the kings own treasury ; and so might have died the richest prince in the world , but that he wanted the main clause in the conveyance , to have and to hold . the wisdom of god so ordered it ; for these felicities were too great and many for any moderate spirit to bear gently , much more for the king's spirit , that was ever on the pinacle , and grown to that height , that like an embossed stag , none must cope with him , he must run and out-run all ; none must cross him under extream peril ; no good is to be done , but by following afar off . nor is it a full wonder , if in this his heat he knows neither faithful servant , counsellor , nor wife , but strikes at all that stands in his way . nevertheless , in his cool temper , and when he was entangled with some perplexed occasion , he could use the advantage of good counsel , and the wits of others that were more crafty than himself . wherein it was his good hap to have some ever nigh him that were for his turn , and unto them committed much , that himself might be at ease to hear good news of successful dispatches . in his youth he was served by the wise counsellors trained up by his father ; and he then willingly enough , for his pleasure , was contented by their advice to serve his people for a time , that they might be his servants for ever . the two great conduit-pipes of this treasury , which he had from his father , he cut off at his peoples request , as if he loved his people above all his riches . and after that , he laid aside his pleasures and youthful company , to apply himself more closely to the affairs of his kingdom , as if he loved that above all pleasure : which nevertheless stuck to him so long as he lived , and swayed too much in the greatest affairs of his government . thus the first heat of his course was run well , so long as the privy council continued moderately poised . but no sooner began one of them to put up beyond his place , and to bid adieu to the advice of all the rest , but he gets the uppermost seat in the king's head , makes a foot-stool of the king's heart , and then it is two to one that the people in such cases must bear the greater burthen : for whoever first said it , he said most true , that prerogative in the hand of a king , is a scepter of gold ; but in the hand of a subject , it is a rod of iron . the reign of this king henry the eighth , serves us with much experience of this kind ; for if the consideration of the affairs of this government should be divided , the same would be double : the one under the regiment of cardinal wolsey ; the other of the king , by cromwel , cranmer , gardiner , and others interchangeably . i call that of wolsey a regiment ; for he was in the nature or condition of a pro-rex , during the kings juvenility . this fortune thus super-induced upon a cardinal , ( raised from mean degree to be legate à latere , courted by foreign princes , slattered by the emperour with titles of son and cousin ) made him lead a dance , that the king ( however active he was ) is put to his career to hold him company ; which the king perceiving , tripped up his heels , and left the archbishop , the chancellour , the cardinal , the legate , and many more with him , lying on the ground . no pride like to that of the clergie , whose parts are more sublime , and apprehensions clear . if god addeth not a superiour work to rule over all , a little honour will blow up all with powder . the king having thus matched the cardinal , forgot his former natural pace ; and once in a heat , could cool no more till death cooled him . he knew by experience , that the cardinal could over-awe the people ; why should not the king do as much ? if the lords stooped to the cardinal , why not much rather to the king ? the cardinal pulled down , reared up , turned square to round ; why should he be less than his subjects ? such conceits as these soon wound up the kings mind to that height , that it is death to him to stoop one inch lower to more moderate advice , though he loved their persons never so well : but all must be content with the weight of his arm , though it were no small one ; and yet in point of religion , affairs tended to a kind of reformation all this while . chap. xxvii . of the state of the crown . that the crown of england now abounded more in flowers than crosses , the face of story doth hold forth to ordinary observation ; and yet few are satisfied , either in the true nature of the particular advantages , or in the manner how they were obtained , or in the continuance . i must therefore make a little stop upon them , because in the true discerning of them , the discovery of the nature of the government in latter days doth much depend . hitherto the crown came short of absolute power over the people , upon two grounds in observation : one relating to the clergie , the other to the laity . the church-men were heretofore under a foreign power , and a foreign law ; against which , kings durst not deeply engage : either not being assured of their own title , or employed in pursuit of other game ; or being of a weak spirit , were scared with the thunder-bolt of the pope's curse . but the laity were under another law , and such an one , as by clear and unquestionable custom , had established bounds , between the way of kings , and the rights of the people . neither did kings directly invade those borders , either led thereto by a kind of conscience in such of them as were morally enclined , or in others by a kind of fear of raising up earthquakes from beneath , which commonly do overthrow high towers sooner than winds from above . but now such interests are laid aside , fast asleep , by two kings : whereof one cared not much for fear , and neither of them for conscience . for henry the seventh , having leisure to study the nature , and contemplate the fashion of the english crown , dislikes the model in some particulars . it was not rich enough , nor well poised to his mind , which ever was , not to be poor , but towards his latter time to be exceeding rich ; as supposing that to be the onely way to be more desirable to friends , formidable to enemies , and absolute over his people . and this opinion of his missed in the main end , though it attained his immediate desire . for by mistaking the right way , it made a rich king , but not a rich crown . he delighted more in the riches of his people , than in a rich people : and this bred no good blood , because the people thought that the law was not on his side in that matter . they suffered him to visit their purses ; but are loth it should prove customary , lest they should lose their common right . they therefore chose rather to give him power by act of parliament , to revoke letters-patents , and grants , and make resumptions of offices , fees , annuities , and the like ; that he might rather repossess his own , than possess theirs . many penal laws likewise of a limited and temporary regard are made ; and as cheese after a full dinner , they close up all with subsidies . for it was evident to all men , that the royal mind of the king served no further than to take what was given ; provided that the people would give , what else would be taken . by this means henry the seventh left rich coffers to descend to henry the eighth , but the crown was still the same in price . in this act of the play , the people carry away the plaudite . the second act was the point of allegiance , wherein both parts carry themselves so cunningly , as it is hard to adjudge the garland ; yet it may be thought the king observed it rather , because he offered all the play , whilst the people did onely lie at their close guard . the whole project consisted in this , to gain a more absolute allegiance from the english to their king. and because this is exemplified partly in war , and partly in peace , that part which concerneth war , will more properly fall under the consideration of the militia : and therefore i shall refer the same to that head , in the chapter ensuing ; and will come to the second consideration of allegiance in relation to peace , and therein touch upon the kings power in making of laws , and of judicature according to those laws . as touching the making of laws , the ingenuity of henry the seventh , could not suffer him to make any claim thereto in any positive way ; yet his actions declare that his heart was that way . for being beset with troubles , he could often fancy dangers , and arm himself ; then call a parliament , who were wise enough to grant as readily as he asked , rather than to be compelled thereto . so he had laws made according to his own will , though he made them not . the matter of judicature comes next ; and therein he made his judges appear , and not himself ; though they did not onely represent his person , but his mind : so things were done according to his mind , though he did them not . and thus his excellency seemed more eminent in finding and making instruments fitting to do his work , than in doing his own work . nevertheless , all this was but from hand to mouth ; no fundamental law is altered all this while : if the laws were made by parliament , the king made them not : if the judges turned the law to the king's ear , the law was still the crown , though the king wore it . but henry the eighth was no such man , he had not this skill of undermining , nor desired it ; he was tender of the least diminution of his honour , industrious in finding out the occasion , and a most resolved man to remove it out of the way , though it reached as high as the triple crown . a man underneath many passions , but above fear . what need he care for pretences ? his father loved riches , he power . when he came to traverse his ground , he found quickly where the church-men trespassed upon him ; and began with them , resting upon the wisdom of his father , and the infallibility of the pope . henry the eighth had taken to wife katherine his brothers dowager , and continued in that condition eighteen years without wrinkle of fame , till the great success of charles the fifth , the queens brother , against the pope and french , scared the king into a jealousie of his greatness ; and the emperour 's failing in courtesie to cardinal wolsey , the king 's achates , stirred the cardinals spirit to revenge , for the loss of his hopes in the popedom . for the cardinal finding the king's mind to linger after another bedfellow , by whom he might have a son , he made the french embassadour his instrument to mind the king of his unlawful marriage with the queen , and to mention unto him margaret d' alanson a princess of france , both in bloud and beauty . the king liked the notion of divorce , but disliked the motion concerning the french lady , himself being prepossessed with a fair object at home , the lady anne bullen , then attending upon the queen . and thus being moved , he entred into a scrutiny concerning the condition of his marriage ; wherein he had been formerly touched , both by the french and spaniards themselves , upon several motions made . first , between charles the fifth , and afterwards between the dauphine and the lady mary , afterwards queen . hereat the cardinal winked all the while , till the infallibility of the chair of rome came upon the stage ; then bestirring his wits , he lodged the case upon appeal thither , as he hoped beyond all further appeal ; and so held the king there fast , till himself might accomplish his own ends . but the wheel once set a running , would not stay . the king espies the cardinal in his way , and bears him down : then finding the fallacy of the infallible chair , he hearkens after other doctors , follows their light : and being loth to hear what he expected from rome , he stopped the way to all importation of such merchandize as might be any ways prejudicial to the prerogative royal , with the penalty of the loss of land , or liberty and fine ; the two latter being formerly warranted by law. the first served as a scare : for ( though it were but by proclamation ) men might justly fear that he who was so stout against the pope , would not stick to scourge his own subjects out of his way in the time of his heat . the king thus entred the lists both against pope and cardinal now under praemuniri , ( whereof he died ) meets the english clergie ( thus losing their top-gallant ) standing up in the reer against him , and talking at large . nevertheless , the king stops not his career , puts them to the rout for maintaining the power legatine . they soon submit , crave pardon , give a sum of money , and perfume their sacrifice with that sweet incense of supream head of the church of england . this was done , not by way of donation , ( for the convocation had no such power ) but by way of acknowledgement , in flat opposition to the jurisdiction of the pope . it became the common subject of discourse amongst all sorts , but of wonderment to the pope . yet for fear of worse , he speaks fair ; for he was not in a posture to contest : but all would do no good . the queen had appealed to rome ; the pope by wolsey's advice makes delays . the parliament espying the advantage , at once took all appeals to rome away , and established all sentences made or to be made within this land , notwithstanding any act from rome ; and enjoyned the english clergie to administer the several acts of publick worship , notwithstanding any inhibition or excommunication from any forein pretended power . the grounds upon the preamble of the law will appear to be two. first , that the king of england is supream head in rendring justice within the nation in all causes therein arising ; which is more than the recognizance of the clergie , two years before this act , did hold forth . yet this acknowledgement is not absolute , but in opposition to forein pretensions . secondly , that the clergie in england having power , may in matters spiritual determine all doubts without forein help , and administer such duties as to their place do belong . not hereby determining that the church-men ever had such power by law , nor that they ought originally to have such power . they never had it ; for no sooner were they dis-joyned from the laity in these affairs , but immediately they were under the pope , and received their power from him . and , de jure , they cannot challenge such power , but by a positive law , such as this law of henry the eighth , which also giveth but a restrictive and limited power , viz. in matters testamentary , of divorce , matrimony , tythes , oblations , and obventions . so as if they will challenge such power , they must thank the parliament for it , and use the same accordingly as persons deputed thereunto ; and not in their own right , or right of their places . in all this the king's supremacy is but obscurely asserted , and rather by implication shewing what in reason may be holden , than by declaration of what was ; making way thereby first , into the opinions of men , before they were enjoyned to determine their actions : but within two years ensuing , or thereabout , the law is made positive . the king shall be taken and accepted the onely supream head on earth of the church of england ; and have power to visit , correct , repress , redress , reform , restrain , order , and amend , all such errours , heresies , abuses , offences , contempts , and enormities , as by any manner of spiritual authority , or jurisdiction , ought or may lawfully be reformed . which in the preamble is said to be made to confirm what the clergie in their convocation formerly had recognized . the corpse of this act is to secure the king's title , the king's power , and the king's profit . as touching the king's title , it is said , that in right it did formerly belong to him ; which is to be granted by all , so far as the power is rightly understood . but as touching the king's profit , it cannot be said that the whole lump thereof did belong to the king , because much thereof was not so ancient , but , de novo , raised by the pope's extortion ; and therefore the true and real profits are by particular acts of parliaments ensuing , in special words devolved upon him . the nature of this power is laid down in this statute under a threefold expression . first , it is a visitatory , or a reforming power , which is executed by enquiry of offences against laws established , and by executing such laws . secondly , it is an ordinary jurisdiction ; for it is such as by any spiritual authority may be acted against irregularities : and thus the title of supream ordinary is confirmed . thirdly , it is such a power as must be regulated by law , and in such manner as by any spiritual authority may lawfully be reformed . it is not therefore any absolute arbitrary power ; for that belongs onely to the supream head in heaven . nor is it any legislative power ; for so the law should be the birth of this power , and his power could not then be regulated by the law : nor could every ordinary execute such a power ; nor did henry the eighth ever make claim to any such power , though he loved to be much trusted . lastly , this power was such a power as was gained formerly from the king by forein usurpation , which must be intended de rebus licitis , and once in possession of the crown , or in right thereto belonging according to the law. for the king hath no power thereby to confer church-livings by provisorship , or to carry the keys , and turn the infallible chair into an infallible throne . in brief , this power was such as the king hath in the commonwealth ; neither legislative , nor absolute in the executive , but in order to the unity and peace of the kingdom . this was the right of the crown which was ever claimed , but not enjoyed further than the english scepter was able to match the romish keys . and now the same being restored by act of parliament , is also confirmed by an oath enjoyned to be taken by the people , binding them to acknowledge the king under god supream head on earth of the church of england , ireland , and the kings dominions , in opposition to all forein jurisdiction . and lastly , by a law which bound all the people to maintain the kings title of defender of the faith , and of the church of england and ireland , in earth the supream head , under the peril of treason , in every one that shall attempt to deprive the crown of that title . we must descend to particulars ; for by this it will appear that these general laws concerning the kings refined title , contained little more than matters of notion , otherwise than a general bar to the popes future interests : and therefore the wisdom of the state ( as if nothing had been already done ) did by degrees parcel out by several acts of parliament the particular interests of the popes usurped authority , in such manner as to them seemed best . and first , concerning the legislative power in church-government . it cannot be denied but the pope , de facto , had the power of a negative vote in all councils ; and unto that had also a binding power in making laws , decrees , and decretals out of his own breast : but this was gotten by plunder ; he never had any right to headship of the church , nor to any such power in right of such preferment ; nor was this given to the king as head of the church , but with such limitation and qualifications , that it is evident it never was in the crown , or rightly belonging thereto . first , nigh three years after this recognition by the clergy in their convocation , it is urged upon them and they pass their promise , in verbo sacerdotii . and lastly , it is confirmed by act of parliament , that they shall never make , publish , or execute any new canon , or constitution provincial , or other , unless the kings assent and license be first had thereto ; and the offences against this law , made punishable by fine and imprisonment : so as the clergy are now holden under a double bond ; one the honour of their priesthood , which binds their wills and consciences ; the other the act of parliament , which binds their powers , so as they now neither will nor can start . nevertheless , there is nothing in this law , nor in the future practice of this king , that doth either give or assert any power to the king and convocation to bind or conclude the clergy or the people , without an act of parliament concurring , and inforcing the same . and yet what is already done , is more than any of the kings predecessors ever had in their possession . a second prerogative was a definite power in point of doctrine and worship . for it is enacted , that all determinations , declarations , decrees , definitions , resolutions and ordinations according to gods word , and christs gospel , by the kings advice and confirmation by letters-patent under the great seal , at any time hereafter made , and published by the archbishops , bishops , and doctors now appointed by the king , or the whole clergie of england , in matters of the christian faith , and lawful rites and ceremonies of the same , shall be by the people fully believed and obeyed , under penalties therein comprised : provided that nothing be done contrary to the laws and statutes of this realm . a law of a new birth , and not an old law newly revived or restored . this the present occasion , and the natural constitution of the law , do fully manifest . the occasion was the present perplexity of the people ; for instead of the statute ex officio , which was now taken away , the six articles , commonly called the six-stringed whip , were gotten into power by a more legal and effectual original . the parliament had heard the cries of the people concerning this ; and having two things to eye at once ; one to provide for the peoples liberty , and further security against foreign pretensions ; the other ( which was more difficult ) for the liberties of the consciences of multitudes of men of several opinions ( which could not agree in one judgement , and by discord might make way for the romish party to recover its first ground . ) and finding it impossible for them to hunt both games at once , partly because themselves were divided in opinion , and the bone once cast amongst them might put their own co-existence to the question ; and partly because the work would be long , require much debate , and retard all other affairs of the commonwealth , which were now both many and weighty : in this troubled wave , they therefore wisely determine to hold on their course in that work which was most properly theirs , and lay before them . and as touching this matter concerning doctrine , they agreed in that wherein they could agree , viz. to refer the matter to the king and persons of skill in that mystery of religion ; to settle the same for the present , till the parliament had better leisure , the people more light , and the minds of the people more perswaded of the way . thus the estates and consciences of the people for the present must endure , in deposito of the king and other persons , that a kind of interim might be composed , and the church for the present might enjoy a kind of twilight , rather than lie under continual darkness , and by waiting for the sun-rising , be in a better preparation thereunto . for the words of the statute are , that all must be done without any partial respect or affection to the papistical sort , or any other sect or sects whatsoever . unto this agreement both parties were inclined , by divers regards . for the romanists , though having the possession , yet being doubtful of their strength to hold the same , if it came to the push of the pike , in regard that the house of commons wanted faith , as the bishop of rochester was pleased to say , in the house of lords ; and that liberty of conscience was then a pleasing theme , as well as liberty of estates , to all the people . these men might therefore trust the king with their interests , having had long experience of his principles ; and therefore as supream head , they held him most meet to have the care of this matter : for still this title brings on the van of all these acts of parliament . on the other side , that party that stood for reformation , though they began to put up head , yet not assured of their own power , and being so exceedingly oppressed with the six articles , as they could not expect a worse condition , but in probability might find a better ; they therefore also cast themselves upon the king , who had already been baited by the german princes and divines , and the outcries of his own people ; and possibly might entertain some prejudice at length , at that manner of worship , that had its original from that arch-enemy of his head-ship of the church of england . nor did the issue fall out altogether unsuitable to these expectations : for the king did somewhat to unsettle what was already done , and abated in some measure the flame and heat of the statute , although nothing was established in the opposite thereto , but the whole rested much upon the disposition of a king subject to change . as touching the constitution of this law ; that also shews that this was not derived from the ancient right of the crown now restored , but by the positive concession of the people in their representative , in regard it is not absolute , but qualified and limited diversly . first , this power is given to this king , not to his successors ; for they are left out of the act , so as they trusted not the king , but henry the eighth , and what they did was for his own sake . secondly , they trusted the king , but he must be advised by counsel of men of skill . thirdly , they must not respect any sect , or those of the papistical sort . fourthly , all must be according to gods word , and christs gospel . and lastly , nothing must be done contrary to the laws and statutes of this realm . and thus though they trusted much , yet not all , nor over-long . for it was but a temporary law , and during the present condition of affairs . nor did the king or people rest upon this law ; for within three years following , another law is made to confirm what was then already done by the king ; and a larger power granted to the king , to change and alter as to his wisdom shall seem convenient . thus the kings injunctions already set forth were established , all opposal to them inhibited ; and the king hath a power of lawing and unlawing in christ's kingdom , and to stab an act of parliament in matters of highest concernment . and the reason is , the king will have it so , and who dares gainsay it ? as cranmer said , the king loves his queen well , but his own opinion better : for new things meeting with new love , if it be once interrupted in the first heat , turns into a displeasure as hot as the first love . nor had either party great cause to boast in their gainings ; for none of them all had any security , but such as kept close to a good conscience . all this , though much more than any of his predecessors ever attained , was nevertheless not enough till his title was as compleat . the pope had fashioned him one now above twenty years old , for his service done against luther , and others of that way , and sent it to him as a trophee of the victory ; this was , defender of the faith ; which the king then took kindly , but laid it up till he thought he had deserved it better ; and therefore now he presents it to the parliament ; who by a statute annexed it to the crown of england , for ever now made triple , by the royalizing of that of ireland amongst the rest . a third prerogative concerned the kings power in temporal matters . and now must england look to it self ; for never had english king the like advantage over his people as this man had . his title out-faced all question ; left rich by his father , trained up in the highest way of prerogative , absolute lord of the english clergy , and of their interest in the people ; of a vast spirit , able to match both the emperour and french abroad , and yet more busie at home than all his predecessors . a king that feared nothing but the falling of the heavens ; the people contrarily weary of civil wars , enamoured with the first tastes of peace and pleasures , whiles as yet it was but in the blushing child-hood , over-awed by a strange giant , a king with a pope in his belly ; having the temporal sword in his hand , the spiritual sword at his command . of a merciless savage nature , but a word and a blow , without regard even of his bosome-companions ; what can then the naked relation of a subject do with such an one ? if providence steps not in , and stops not the lions mouth , all will be soon swallowed up into the hungry maw of prerogative . to set all on work , comes steven gardiner from his embassage to the emperour : sad apprehensions are scattered , that the motions abroad are exceeding violent and sudden ; that the emperour and french king are fast in nothing , but in change according to occasion ; that like the eagle they make many points before they stoop to the prey ; that if the motions at home do wait upon debates of parliament , things must needs come short in execution , and the affairs of this nation extreamly suffer . a dangerous thing it is , that the king should be at disadvantage either with the emperour or french king , for want of power in these cases of sudden exigencies , and for some small time , during the juncture of these important affairs , that seeing likewise at home the point concerning religion is coming to the test , the minds of men are at a gaze ; their affections and passions are on their tiptoes . it is reason the king should steer with a shorter rudder , that this care might meet with every turn of providence , which otherwise might suddenly blow up the peace and good government of this nation . these and the like represented a fair face to that which followed , and made way for the king without shame to ask what no king before him suffered ever to enter into conceit , i mean a legislative power , to this effect , that proclamations made by the greater part of the king for the time being , and his council , whose names hereafter follow , with such penalties as by them shall be thought meet , shall be of equal force by an act of parliament , provided it shall not extend to the forfeiture of estates or priviledges , nor to loss of life ( but in cases particularly mentioned in the law ) provided no proclamation shall cross any statute , or lawful or laudable custom of this realm . all which at length comes to be demanded by a formal bill , with as ill-favoured a preface as the matter it self ; which was much worse , e're it was well liked in the house of commons ; and when all was done , proved a bare still . whatever it was , it passed in manner abovesaid , neither much to the desire of the commons , that so much was given ; nor to the good liking of the king , that there was no more : for instead of a legislative power , which he grasped at for himself , he received it in common with his council ; and so becomes engaged neither to alter nor destroy that brotherhood , if he intended to reap any fruit of this law ; leaving the point in doubt whether his gain or loss was the greater . for this law , thus made for this king , these counsellors , and these times and occasions , can be no precedent to the future , unless to inform kings that the parliament hath a power to give more authority and prerogative to kings than they or the crown have by common right ; and to give it with such limitations and qualifications as seemeth good to them . and secondly , that even henry the eighth acknowledged that the legislative power was not in the crown ; nor was the crown capable thereof , otherwise than it was conferred by the parliament . onely steven gardiner might glory in this atchievement , having for the present obtained much of his ends , by perswading the king that forein princes estranged from him , not so much for his departure from the pope , as for some apprehensions they had of his departure from that way of religion and worship , which they apprehend every christian ought to maintain . and therefore if he meaned to gain better correspondency amongst these princes , he must engage more resolvedly to the fundamentals of the worship , though he shook off some slighter ceremonies with the romish supremacy ; for he knew that they were willing enough with the latter , though the other could not go down with them . thus did forein correspondency float above , whenas the church , as then it stood , was underneath , and gave the tincture to every wave . and it was holden more safe by the romish party to trust the king ( thus attempered ) with the legislative power in the church-matters , than the rough parliament , whose course steered quite wide from the roman shore , as if they never meant to look that way any more : though cranmer , and the chief officers of state , and of the houshold , were by the law judges of the matter in fact , as well as the king , yet in the conclusion the king onely was of the quorum . all this yet further appears in the penalty ; for by a proviso it is moderated , as to all forfeitures of life , limb , or estate ; and in the conclusion extended onely to fine and imprisonment , unless in some cases mentioned , and excepting offences against proclamations made by the king or his successors , concerning crimes of heresie . for it is the first clause of any positive law , that ever intimated any power in the king of such cognizance and punishment of heresie . too weak a principle it is to settle a prerogative in the king and his successors , as supream head of the church , thus by a side-wind to carry the keys of life and death at their girdle ; and yet a better ground cannot i find for the martyrdom of divers brave christians in those times , than this touch of a law glancing by . all which passing sub silentio , and the parliament taking no notice thereof , made way for the statute h. . c. . formerly mentioned , to come more boldly upon the stage . this was one wound to the legislative power of the parliament , thus to divide the same . another ensues , that in its consequences was no less fatal to that power which remained ; and it was wrought by some engine that well saw that the disease , then so called , grew to be epidemical amongst the more considerable party in the kingdom ; that the lady jane seymor ( now queen ) was no friend to the romanists ; that she was now with child ; which , if a son , ( as it proved to be ) was like to be successor in the throne , and be of his mothers religion , and so undo all , as in the issue all came so to pass . to prevent this , nevertheless , they fancy a new conceit , that laws made by english kings in their minority , are less considerately done , than being made in riper years . and so by that one opinion , countenanced a worse ; which was , that the legislative power depended more upon the judgement of the king , than the debates and results of the parliament : a notion that would down exceeding well with kings , especially with such an all-sufficient prince as henry the eighth conceived himself to be . upon this ground a law is made , to enable such of the kings successors , by him appointed , as shall be under the age of twenty and four years when laws by him are made , to adnul the same by letters-patents , after such prince shall attain the said age of twenty four years . thus the arms of the parliament are bound from setling any reformation , let them intend it never so much ; a muse is left open for the romish religion still to get in , when the season proves more fair . the parliament was now in its minority , and gives occasion to the reader to bewail the infirmities of the excellencie of england . a fourth advance of prerogative , concerned the executive power in government of the church . this had formerly much rested in the prelacy , and that upon the chief praelatissimo at rome ; now there is found in england a greater prelate than he ; the pope was already beheaded , and his head set upon the kings shoulders : to him it is given to nominate all bishops and archbishops within his dominions , by conge d'eslire ; and that the party once elected shall swear fealty , and then shall be consecrated by commission , and invested : but if upon the conge d'eslire no election be certified within twelve days , the king shall by commission cause his own clerk to be consecrated and invested . the occasion that first brought in this president , was the access of cranmer to the see at canterbury : for though the headship had been already by the space of two years translated from rome to england , yet the course of episcopizing continued the same as formerly it had been . i mean , as touching the point of election : for though in their original , bishops were meerly donatives from the crown , being invested by delivery of the ring and pastoral staff ; and until king john's time , the canonical way of election was disallowed ; yet king john by his charter , de communi consensu baronum , granted that they should be eligible ; which also was confirmed by divers publick acts of parliament in after-times , and now by this law last recited ; and with this way the king was contented for the space of six years : for the reformation intended by the king , was not done at once , but by degrees ; and therefore though this course of conge d'eslire was brought into use ; yet the parliament being of six years continuance , ( a necessary thing in times of so great change of policy ) began this course of election , by giving the king power to nominate , and allowing of the pope power to grant to such his bulls or pall at his own will ; otherwise they should be consecrated by commission without his consent . and thus at the first the pope's concurrence was not excluded , though his negative was . in this posture of affairs , comes cranmer to be consecrated archbishop . and being nominated thereunto by the king , the wily pope knowing the kings aim , meaned not to withstand , lest he should lose all , but granted the pall as readily as it was desired ; so as cranmer is thus far archbishop of canterbury without all exception : yet he must go one step farther , and take the old oath to the pope ; which the king allowed him to do , pro more ; and which he did , renitente conscientia , say some , and with a salvo , say others ; and all affirm it was done perfunctorie , like some worn ceremonie , or civil complement . nevertheless it was not so soon turned over ; the archbishop loved not the office , the king loved not partnership in this matter ; and it was evident to all , that no man could serve these two masters any longer : an agreement is soon concluded in parliament to exclude the popes power quite out of this game , and all is left to be done by the king and his commissioners , by the law formerly propounded . in all this , the pope is loser , the english clergie the savers ; for the pall cost cranmer nine hundred marks : and the crown is the great gainer ; for hereby the king got the men sure to him , not onely by their own acknowledgement and submission , but also by a statute-law . and lastly by oath , which to make sure , was treble twined ; once upon their first submission in , the kings twentie second year , when they had been under praemuniri . secondly , soon after the decease of queen katherine dowager , in the twentie sixth year ; which oath was more compleat than the former ; containing , first , a renunciation of all fealty to the pope , or any foreign power . secondly , an obligation to adhere to the cause of the king and his successors . thirdly , a disavowing of the pope , otherwise than as another bishop or fellow hrother . fourthly , an engagement to observe all laws already established against the pope's power . fifthly , a disavowing of all appeals to rome . sixthly , an engagement to inform the king of all messages or bulls , sent from rome into england . seventhly , an engagement not to send , or be privy to the sending of any message to rome for any such purpose . the third oath was that of fealty ; which anciently was due to kings , and now revived , to be taken by all bishops upon their admission . and thus the english prelacie , having been sworn slaves to the papacie ever since becket's time , are now preferred to a more royal service ; and the pursuit by kings after their right , being laid aside by the space of years , is now renewed , and the prey seized upon by the lion ; who found it upon a better title , and in better condition by much , than when at the first it was lost : for it was upon some semblance of reason , that the archbishop and clergie gained it ; but being afterwards dispossessed thereof by the pope , and yet without any other shadow of title , but the power of his own gripe , for the present he is the occupant , and becomes proprietor by prescription : till now the felon being apprehended , the stolen goods are the kings in right , and by remitter ; whereunto the parliament by the statute adding their conveyance , establishes the same by an unquestionable title . nevertheless their service is no less servile to this crown , than it had been to the romish miter ; formerly they asserted the pope's infallibility , now the king's supremacy . they are now called by the king , made by the king , sent by the king , maintained by the king ; whatsoever they are , whatsoever they have , all is the king 's . he makes bishops ; he makes new bishopricks , and divides or compounds the old as he pleaseth , by a power given to henry the eighth by parliament . which oath was never in any prince before or after him , that i can find ; so as the crown had it not , but the man , and it died with him . the king thus loaden with power and honour , above all his predecessors , ( if without proportionable maintenance to support the one , and act the other ) must needs consume himself ( as one in a tympanie ) by growing great . for though he was left rich by his father's treasure , yet his zeal to rome in its now poor captivated condition under the imperial power , stirring up in him great undertakings abroad , ( besides his own pleasures and gallantry at home ) exhausted that ; and doubtless had starved these his grand designs , had he not found the hidden treasures of the cells and monasteries ; the sight whereof so rouzed up his spirits , that he adventured upon the purchase ; though he knew difficulties enough to have stopped his undertakings , if he had not resolved both against fear and flattery . it was not done without deliberation ; for the thing was felt as a grievance before the norman times , and complained of in parliament above a hundred and forty years ago , and divers times since ; but kings either understood not , or believed not , or durst not give remedy , or had much else to do . but now the king is beyond all his predecessors ; he knows much , dares do more , and is at leisure . he will go as far as emperour or french king , and beyond them also ; but would not try masteries with either , for they were all cocks of the game . the first occasion that discovered the work feasible , was a president made by cardinal wolsey , whose power was enough to dissolve some petty cells , and no opposition made . the king might well expect the work would be as lawful for him , and not much more difficult ; or if any storms ensued , the people that had so long complained , and felt the burthen of these excrescences of the clergie , would soon find out a way to calm them : the king need do no more than speak , and the people will do . this opened the door ; but that which brought the king in , was the hold the pope had in this kingdom by these cloistered people , who were persons dead in law , and dead to all law but the canon . and upon this account the king's ancestors had possessed themselves of the cells , in the hands of foreigners , in times of war ; and now a deadly feud is stirred between henry the eighth and the pope their holy father . the children cannot expect to thrive , whenas their father is cast out of doors ; and so all must out together . yet the manner is observable , they must not be cast out , but must go out : the inferiour and greater part are dead persons , have learnt obedience ; they can neither bark nor bite , and therefore they may sleep ; and what is done , must be done with such of them as are alive . upon a visitation , these are brought under the test , and found in such a condition , that they had better give way , and voluntarily surrender , than abide the trial. once more the smallest are picked out , whilst the greater stand by and wonder ; but either do not foresee , or ( in despair of altering the king's resolution ) do nothing but expect the sad hour , which within four years comes upon them all , every one of them chusing rather to surrender , and expect the king's mercie for maintenance during life , than adventure against the dint of his justice and power , and so lose all ; for they were ill befriended amongst all sorts of the people . thus came the personal estate and stock of these houses to the kings immediate treasury , and their yearly maintenance to the disposing of the crown . which might have advanced the same well-nigh to the value of two hundred thousand pounds yearly , but that the king intended to let the people enjoy the fat as well as he , that they might be mutually engaged to maintain hold of the prey that they had joyntly gotten . out of all which nevertheless the crown had a small rent , or service annual , for the acknowledgement of their tenure ; besides the first-fruits of spiritual dignities , and the tenths ; both which he formerly had already obtained . the first whereof was but casual , and occasional in the payment , arising onely at the entrance of the party into his promotion ; and which was gained by the pope from edward the first ; although at his parliament at carlisle , in his thirty fourth year , he withstood the same . this was above three hundred and twenty thousand pounds in the whole sum . the latter was annual , and amounted to above thirty thousand pounds . and thus the popes usurpations are turned into duties to the crown ; but were much lessened , in regard that these cells and monasteries were accounted amongst these ecclesiastical promotions , which by their dissolution fell off in that account . nevertheless , the advancement that might by a parcimonious king have been made of the fall of this cedar , was such , that the crown might have been rendred of it self absolute and all-sufficient . but henry the eighth was not thus minded ; the affairs of europe were gotten into a high pitch ; princes generally over-active ; henry the eighth inferiour to none of them ; what comes in , goes out ; and he is a rare example of that divine proverb , as riches increase , so do the mouths of them that eat ; he still stands in need of his peoples love , purses , and power . so divine providence orders the matter , that kings can never attain further end of their undertakings without the aid of the people than their labour , lest they should be too big to be christians , and the people too mean. chap. xxviii . of the condition of the parliament in these times . they are no good expositors , that consider their text by piece-meal onely ; nor they good historians , that will tell you the bare journal of action , without the series of occasion . such as these will speak much of the actions of henry the eighth , what advancement he brought to the crown ; and make a compleat monarchy , wherein the king may act what he resolveth , resolve what he pleaseth , and please what he lusteth ; whenas in truth the thing is nothing so : for though many of his actions , in relation to particular persons , cannot be justified by any law : so in truth did they never proceed from any law , but meerly from the passion or will of the man , and connivance of the people , who could bear that from this king , that their ancestors would never endure under any other . and yet in all the grand concernments of the nation , the law kept still upon the top ; nor did the king enter into any competition therewith , or lead the way thereunto , other than by especial allowance of the parliament . for first , it is evident , though the king was supream head of the church ; yet this was not like the head of a mad man , led by phancy , without the law of reason , or reason of law ; but it was defined , circumscribed , and formed thereby , with qualifications and limitations , as hath been already expressed in the former chapter . seondly , it is no less clear , that the legislative power rested in the parliament , and not in the king , when he was in his greatest height . for as head of the church , he had no such power in church-matters ; or if he had such a right , it was taken away by the acts of parliament . nay , when the pope was yet possessed of this headship , the parliament did determine the manner of the worship of god , in some particular cases ; as in the keeping of the lord's day , the statute of edward the fourth , to the honour of god , did provide for the observing thereof ; and to the honour of god , it was taken away by a statute in the time of henry the eighth , if the words of either statute may be believed . but more especially , after that this headship was translated to the king , the parliament provided , that the canons should be examined and allowed by the king , and thirty two persons , one part of the clergie , the other of the temporalty , chosen by the king. and those that shall be assented unto , and confirmed by the king , and the thirty two persons , or the major-part of them , shall be obeyed , and put in execution ; the residue shall be void : provided nothing shall be done against the kings prerogative , or the laws and customs of this realm . so as the king had much , but he had not all ; and what he had , the parliament gave him by a law , that was executory all the days of henry eighth , by divers continuances ; and was not any power devolved to the crown under the title of supremacie , nor by vertue of the act of parliament concerning it ; but by the continual influence from the parliament upon the crown , as well before that act as after , derived upon it . the king hath then this right of law making , but it is with the thirty two he hath it , but not his successors . and lastly , he hath it but by a derivative power from the parliament , and a committee for that service . and in a word , he hath the power , but the parliament hath still the law of that power . the second priviledge of the parliament hitherto , concerneth onely laws concerning church-government . in the next place cometh to be considered the legislative power in point of doctrine ; which doubtless issueth from the same principle of power with the former . for if the church ( which as a pillar and ground holdeth for the truth ) be the company of professing believers ; then ought it not to seem strange , if these in their representative do intermiddle with this power , or rather duty . and for the matter in fact , neither did the king challenge this power , nor did the parliament make any difficulty of conscience in executing the same ; and yet there were many learned and conscientious men of that number . they therefore , as touching the doctrine , proceed in the same way with that formerly mentioned concerning the discipline : and a committee also is by them made of the king and learned men , to set down rules for faith and obedience , and for the order of the publick worship of god , according to the word of god. and these rules are confirmed by a statute , so as the king hath a power in the point of doctrine , but it is a derivative power ; it is a limited power to himself , and not to his successors ; and to himself , and others joyned with him . and lastly , nothing must be done contrary to the laws of the kingdom . secondly , the parliament hath not onely a right to grant and limit this power unto others , but also to execute the same immediately by its self . and therefore before they granted this power to this committee , ( whereas formerly the pope usurped the power to be the omega to the resolves of all councils ) the parliament intercepted that to their own jurisdiction , in flat opposition to the infallibility of the roman chair , so far as to disherize some opinions , which by the sentence of that infallible mouth , had been marked with that black brand of heresie . and what they did before this act of delegation to the king , and other committees for this work , they did afterwards , as not concluding their own power by any thing that they had so done ; as may appear , by their censure of the translation of the bible made by tindall : by their establishing another translation : by their ordering and appointing what persons might read the same : by their qualifying the fix articles ; and the like . the parliament then hath a power which they may grant , and yet grant nothing away ; they may limit this power in others as they will , and yet not conclude themselves . and the king by accepting this limited power , must disclaim both the original and absolute right , and cannot claim the same by right of headship or supremacie . this was one great windfal which the parliament had from the ruines of rome , not by way of usurpation , but re-seizure : for their possession was ancient ; and though they had been dispossest , yet that possession was ever under a continual claim , and so the right was saved . a second , that was no less fatal unto that see , was the loss of all power over ecclesiastical persons in this kingdom . for whereas the popedom had doubly rooted it self in this nation , one way by the regulars , the other by the seculars ; the parliament by the dissolutions of monasteries , &c. consumed one to ashes ; and by breaking the fealty between the other and the pope , parted the other root and the stock asunder : and thence ensued the down fall of this tall cedar in this nation ; and prelacie now left alone , must fawn elsewhere , or lie along ; a posture wherein that rank of men can never thrive . up again they peep , and espying a king that loved to towre aloft , they suddenly catch hold , promising their help to maintain his flight ; and so are carried up , and like a cloud born between heaven and earth , making the commons beholding to them for the kings sunshine , and the king for their interests in the people , and for his superlative advancement above them all . now though the english prelates may think their orb above the winds , yet were they herein deceived . the parliament had power in their election , before the pope usurped that to himself : now that they are discharged , kings are possessed of them by conge d'eslire ; but it is not by way of restitution : for kings were never absolutely possessed of any such power , but as committees of parliament , and by delegation and concession from them ; and therefore must render an account to them , and abide their judgement when they are thereto called . thirdly , the parliament had the disposing and ordering of all the church-revenues , as the laws concerning monasteries , sanctuaries , mortuaries , first fruits , tenths , annates , and suchlike , sufficiently manifesteth . fourthly , the parliament had the power of granting licenses , dispensations , and faculties ; setting a rule thereunto , as in case of non-residency ; and delegating the power to committees ; whereof see more in the chapter following , concerning ordinary jurisdiction . fifthly , the parliament reserved the cognizance of all appeals for final sentence unto themselves , and disposed of all the steps thereunto , as unto them seemed most convenient . for though it be true , in some cases the archbishop of canterbury had the definitive sentence , and in other cases the convocation ; yet was this but by a temporary law , and this also granted to them by the parliament ; which took it away from the pope , and never interested the crown therein , but made the archbishop and the convocation their immediate delegates so long as they saw good . afterwards , when they had done their work , viz. the determining the appeal and divorce of queen katherine , and some other matters , the same hand that gave that power , took it away , and gave it ( not to the king or crown ) but to delegates from the parliament from time to time to be nominated by the king ; and may as well alter the same , and settle the power elsewhere , when they please . and therefore after the appeal of the dowager thus determined , and the sentence definitive thus setled upon delegates ; the parliament nevertheless determined the other causes of the marriages of the lady anne bullen , and the lady anne of cleve , the jurisdiction of the crown never intermedling therein . so as upon the whole , it must be acknowledged , that however the king was supreme head of causes ecclesiastical , yet had he not the definitive sentence in appeal , nor absolute supremacy , but that the same was left to the parliament . sixthly and lastly , what attempts the parliament had met with ; partly from the designs of some great men that sought their own ends , and partly from the endeavours of these kings that sought their own height and greatness above their peoples good , hath been already related : and the utmost issue had been truly stated , viz. that the gains have come to the kings persons , and not to their crown ; and that therein they have put their seal to the law , and made their submission to the parliament , as touching both their persons and power . add hereunto , that however henry the eighth aimed much at himself in his ends , in two other main interests that most nighly concerned him ; yet the chief gain came to the parliament . the once concerned his own wife , which however so nighly related to him , as next to his own person , and under the determination of the immediate law of god ; yet was so cast upon their sentence , as if he durst adventure his own soul at their direction . the other concerned the crown , to which he ought relation above his own person ; which he laid down at the feet of the parliament , seeking to their power to fulfil his own pleasure . the ball is tossed up and down , sometimes amongst the issue between the king and the lady anne bullen , another while amongst the issue between him and the lady jane seymor , or such as the king should nominate by letters-patents or last will. after that , to the ladies mary and elizabeth , to perform conditions declared by the king's letters-patents , or his last will. the king then is trusted , but he hath his trust from the parliament ; the crown is intail'd , ( as it hath been ever since richard the second's time ) but it is done by parliament . the reversion is in the clouds , but the right of inheritance much more . the conclusion of all is this , the parliament by serving these kings turns , turned their turns into their own . chap. xxix . of the power of the clergie in their convocation . the convocation of the clergie , like some froward children , loves not new dressing , though it be a gainer thereby . before the pope and henry the eighth were faln asunder , their masters , their minds , th●●r work , all was double ; their councils uncertain , their conclusions ●ow in production , and sleight in their fruit and consequence ; sometimes displeasing to the pope , sometimes to the king , generally to themselves . who naturally lingering after their own interests , were compelled to feed that bodie that breathed in them , rather than that wherein themselves breathed ; and so like hunted squirrels , from bough to bough , were ever well tired , yet hardly escaped with their own skins in the conclusion . now henry the eighth tenders them better conditions , both for ease and honour , and more suitable to their own interest ; yet they are loath to accept , because they had been slaves by prescription . formerly , they were troubled with multiplicity of summons , sometimes from the king , sometimes from the pope , sometimes from the metropolitan , and always over dripped by a forein power , that they could propound nothing for the good of the souls of themselves or others , but must be blasted from without ; their labours lost , their undertakings vain , and themselves , in the conclusion , sit down choaked in their consciences and desires . now they are at no man's call but the king 's , and that by writ ; provincial , and legate à latere , must meddle no more . formerly , it is taken for granted , that kings have no vote in matters ecclesiastical , though themselves be interested therein ; and therefore if he will accept of a disme , he must accept it statu quo , it is granted ; nor can he interpose his dissent ; nor do they much care for his consent : but whether the king be concerned or not concerned , what they conclude they must maintain , vi & clavibus , although in right his prerogative is above theirs . now by the statute , the kings vote is asserted , and a negative vote restored , and himself made as well head of the convocation , as the church . nothing can pass there without his concurrence , nor come to the consideration of the parliament without his pleasure ; and thus the king hath a double vote in every church-ordinance : one as in the parliament , to pass the same as an act of parliament , of which i conceive the opinion of the honourable judge is to be understood ; the other , as a member of the convocation , to pass their advices to the parliament : and therefore he might either sit in person amongst them , or by his vicar , as henry the eighth did by the lord cromwol . by the first , the whole kingdom was engaged : by the second , the convocation onely , and that as a court onely , and not the representative of the clergie ; because as they had a spiritual relation , so also they had the common right of free-men , and therefore could not be bound without the common consent of the free-men . thirdly , as their power of convention , and power in vote , so their original right of the law-making suffered a change . formerly they depended wholly upon a divine right , which some setled originally in the pope , others in the prelacie , and some in the clergie . but now they sit by a derivative power from the act of parliament , from which , as from their head , they receive life and power . fourthly , they suffered some change in the very work of their convention ; for though formerly they claimed power to meddle onely with ecclesiastical matters , yet that notion was ambiguous , and they could many times explicate it more largely than naturally . it is not to be denied , but the matters concerning the service and worship of god , are of spiritual consideration ; but that such should be so strictly deemed to lie in the way of church-men onely , is to bring all spirits within the verge of ecclesiastical jurisdiction , and to leave the civil power to rule onely dead carcasses : much less can any other thing , which by prescription hath not been of ecclesiastical cognizance , be called spiritual . but to come to particulars , because generals edifie not . the convocation claimed formerly power , as originally from its self , to impose rules for government upon church-men , and church-officers ; and upon the laity , so far as extended to their service of god : and also to charge the estates of the clergie ; and concerning matrimonial and testamentarie causes . they claimed also a power to determine doctrine and heresies . yet de facto , divers of these they never acted in that right wherein they claimed to hold cognizance . first , as touching the charging of the estates of the clergie . if it was for the king's service , they were ever summoned by the king 's writ ; yet was not their act binding immediately upon the passing of the vote , till the parliament confirmed the same ; and therefore the old form of granting of dismes , was , per clerum & communitatem , as by the pleading in the abbot of waltham's case appears . for without their concurrence they had no power to charge any free-man , nor to levie the same , but by their church-censures , which would stand them in no stead . and in this , the convocation suffered no alteration , either in right or power , by the change thus wrought by henry the eighth . secondly , as touching imposing laws upon the laity , in points of worship and doctrine , it is evident , though they claimed such power , they had it not . for when all is done , they were contented at length to get the support of the statute-laws of this kingdom , as may appear in the particular laws concerning the lords day , and proceedings against her●ticks , setling the popedom in the time of the great schism , &c. but now all title of claim is quite taken from them , and all is left in the supream legislative power of this nation , as formerly hath been already manifested . thirdly , as touching matrimonial causes , their former power of making laws concerning them , and testamentary causes , is now absolutely taken away ; onely concerning matrimonial matters , they had so much of the judicatory power concerning the same put upon them , as might well serve the kings own turn ; and that was for determining the matter between himself and the lady katherine dowager , depending before the archbishop cranmer . for the king supposed the pope a party , and therefore meaned not that he should be his judge . and thus , though the clergie had acknowledged the king to be their supream head ; yet in this he was content to acknowledge their supremacy above him , to judge between himself and his queen , and in other matters concerning himself . so as upon the whole matter , the convocation were gainers in some things ; in other things , they were onely losers of that which was none of their own . chap. xxx . of the power of the clergie in their ordinary jurisdiction . those spirits are truly degenerate , that being sensible of miserie , cannot stir up desires of change , although the way thereto lies open before them : and this shews the nature of the romish yoke , that it lay upon the spirits of men , did intoxicate , and make them drunk with their condition . otherwise , the usurpations , oppressions , extortions and incroachments of the popedom upon the bishops sphere , and the people under their charge , could never have provoked such complainings amongst all sorts , in several ages from time to time . and now that henry the eighth undertakes to set them free , so as they would acknowledge his supremacy , they all are struck dumb , till a praemuniri taught them to speak ; and so were scared into a better condition than they would have had , and into a more absolute estate of jurisdiction than they received from their predecessors . the pope had now usurped a power supra-ordinary over all appeals , gained the definitive sentence to the roman see , and had holden this power by the space of four hundred years ; and the king finding the root of all the mischief to his crown from abroad , springing from that principle , meaned not to dispute the point with the casuists , but by one statute took away all appeals to rome ; and determined appeals from the bishops court , in the archbishops court ; and the appeals from the archbishop's commissarie , in the court of audience . so as though in the kings own case , the convocation had the last blow ; yet in matters concerning the subjects , the archbishop was either more worthie , or more willing with that trust . for though the convocation might have determined all , as well as the pope ; yet for dispatch sake of a multitude of appeals now depending at rome , and to prevent long attendance on the convocation , that now had much to do in matters of more publick nature , the utmost appeal in such cases is made provincial . this ( whether priviledge or prejudice ) the ecclesiastical causes gained above the civil , whose definitive sentences was reserved to the parliament . and thus is the archbishop made heir to the pope , in the greatest priviledge of a pope ; to be chief judge on earth in matters ecclesiastical , within his own province . a trick that in my opinion much darkned the glory of the kings title of supream head , which the church-men had formerly offered up to the honour of the crown of this realm . for be it so , that the title is in the crown by remitter ; yet cannot the same carry along with it any more than a lawful power , and whether all the pope's former power allowed him by the canon , or gained by usurpation and custom , shall be said a lawful power , or whether the power of review by appeal , shall be derived to the crown , under the general notion of supreamacy upon the clergies submission , is to me a doubt ( albeit , i must give honour to the judgement in print ) in regard that after the submission of the clergie , the matter concerning the divorce of the lady katherine dowager , came before the pope by appeal , and there depended , the king himself also waiting upon that see for justice , and a definitive sentence in that matter ; and thereby acknowledged the pope's power de facto : notwithstanding the clergies foregoing submission ; and being occasioned by the delay at rome , he procured this statute concerning appeals to be made ; whereby at one breath he took the appeals to rome away , and setled them as formerly hath been mentioned ; all which was done two years before the title of supremacy was annexed , or declared for to be to the crown by act of parliament . and therefore , as to me it appears , the power of supream cognizance of appeals , was not in actual possession of the crown by the clergies submission ; so was it actually vested in the archbishop , before the title of supremacy was confirmed by act of parliament ; and so it never was in the crown actually possessed , much less had the crown the same by remitter . for the king's turn once served by the convocation , and the matter of the divorce of queen katherine setled , the king perceiving the slow progress of the convocation , the members of the same not being yet sufficiently tuned to the present affairs : and moderate archbishop cranmer , likewise foreseeing , that the odium of these definitive sentences would be too great for him to bear ; another appeal is provided , more for the honour of the crown , to be from the archbishop to delegates , to be appointed by the king , his heirs and successors ; so as though their nomination be the kings , yet their power is deduced immediately from the parliament , which took the same from the archbishop , and conferred it upon them . a second advantage not inferiour hereto , which the archbishop gained out of the ruines of the popedom , was the power of licenses and dispensations , or faculties . in the pope , it was a transcendent power without any rule , but what was tuned to him by the bird in his own breast ; and was the ground of much license , or rather licentiousness in the world : but in the archbishop , they seem to be regulated . to be first , in causes not repugnant to the law of god. secondly , such as are necessary for the honour and security of the king. thirdly , such as were formerly wont to be remedied at the see of rome ; yet in truth left as much scope for the conscience of the archbishop to walk in , as the pope had in former times . a large teather , and greater priviledge than ever the crown had ; by which , although the king himself be like saul , higher by the head than all the people , yet in many things samuel is higher than he . the moving cause hereof is not difficult to find out : the king had but lately married the lady anne bullen ; a thing that many startled at , and the king himself not extreamly resolved in ; he would therefore have his way like that of the zodiack , broad enough for planetary motion of any one that could not contain himself within the ecliptick line of the law , and so shipped over the popes power to the chair of canterbury , and had made a pope instead of an archbishop , but that the man was not made for that purpose . what the ordinary jurisdiction got or lost , we come in the next place to observe . first , they had still their courts and judicatory power , but upon what right may be doubted . their first foundation was laid by the civil power of a law , in the time of william the first norman king ; yet the power of the pope and bishop growing up together , they came to hold the power of the keys by a divine right , and so continued , until these times of henry the eighth , wherein they have a retrospect to the rock , from whence they were first hewn ; and many seem to change their tenure , and therewith therefore are in right to change the style of their courts , and title of summons ; but the times not being very curious , and the work of reformation but in fieri ; the more exact lineaments must be left to time to finish and beautifie . a greater blow did light upon the law of these courts , which was left as doubtful as the canons ; all which are now put to the question , and to this day never received full resolution , but were left to the parliament to determine them at leisure ; and in the mean time to the judges of the common law , to determine the same lawful or unlawful , as occasion should require . nevertheless , the courts still hold on their course , according to their old laws and customs , for their form of proceedings ; some say by prescription , yet more rightly by permission ; it being a difficult matter to make prescription hold against a statute-law . as touching the matters within their cognizance , the law setled some , and unsetled others . first , as touching heresie , the church-men formerly thought scorn the lay-magistrate should intermeddle ; but not being able to stop the growth thereof by their church-censures , prayed aid of the civil magistracy ; so by degrees arose the penalties of imprisonment and burning , which brought the whole matter into cognizance before the civil magistrate , because no free man might be proceeded against for loss of life or liberty , but by the laws of the nation ; and for this cause the civil magistrate granted the writ of habeas corpus , and relieved many times the party imprisoned wrongfully , or granted prohibition as they saw cause . and therefore it cannot be said rightly , that the sole or supream cognizance of this crime of heresie belonged to the clergie before these times . nor did their proceeding upon the writ of burning warrant any such thing ; partly because till these times the canon-law was the best ground that these proceedings had , and the course therein was not so uniform as to permit the title of a custom to warrant the same : conviction being sometimes by jury , sometimes according to the canon , sometimes before the ordinary , sometimes before the convocation , sometimes before the king , sometimes before special delegates , as the histories of the martyrs more particularly set forth , and no act of parliament positive in the point . but the time is now come , when nighest reformation , that the thing is setled more to the prejudice of reformation than all the endeavours foregoing ; like to the darkness of the night , that is at the superlative degree when nighest break of day . a statute is now made , that indeed quite blotted out the very name of the statute of henry the fourth , de haeretico comburendo , but made compleat that statute of rich. . and the other of hen. , both which were formerly neither good in law , nor effectual , otherways than by power ; and gave more settlement to the ordinaries proceedings in such cases . for the delinquent might be convict before the ordinary by witnesses , or might be indicted at the common law , and the indictment certified to the ordinary as evidence . yet did the parliament carve them out their work , and in express words declared ; that opinions against the authority and laws of the bishop of rome were not heresie ; and by the same reason might have done more of that kind , but that was enough to tell all the world , that the parliament could define what was not heresie , although they did not then determine what was heresie . and thus the judgement of the romish church is called into question , in one of their fundamentals , and the clergie left in a muse concerning the rule upon which they were to proceed against this crime . the parliament , within six years after , undertakes , though somewhat unhappily , to determine and define certain points of controversie , which had some relation to the worship of god , and the publick peace , and declared the contrary to these determinations to be heresie , and the punishment to be death and forfeiture , and the trial to be before commissioners by jury or testimony of two witnesses , or by examination in the ecclesiastical court , or inquisition in the leet , or sessions of the peace . upon the whole matter therefore the ordinary had a particular power to determine heresie ; but the parliament determined such heresies as were punishable with death and forfeiture , by enumeration in the six articles . this was the clergies primer , wherein they imployed their study , as making most for their design , and laid aside thoughts of all other heresies as dry notions , or old fashions laid aside , and not worthy the setting forth to the common sale . secondly , the lesson concerning marriage was no less difficult for the clergie to take out . they were put by their former authority derived from abroad , and their ancient rule of the canon-law . with the kings leave they do what they do , and where they doubt they take his commission . so did the archbishop of durham in the case between john and jane fisher : in the kings case , the determining part is put to the parliaments conclusion ; and for a rule in other cases , some persons are enabled to marry , which formerly were not , viz. masters of the chancery , and doctors of the civil law ; and some forbidden marriage , as all priests , by the statute of the six articles . and unto the rest concerning degrees of consanguinity , or affinity , a particular enumeration is appointed to be observed ; within which marriage is declared unlawful , all other further off are made lawful . in all which regards the cognizance of matrimonial causes is theirs onely by leave . thirdly , residency , and non-residency , was a theme formerly learned from the canon-law , in which , as also in the thing it self , the clergie were the onely skilful men . the rule of the canon-law was strict enough , considering the times , but it was not ●●eel to the back . the parliament now undertakes the cause ; and though it gave , in some respects , more liberty than the canon , yet stood it better to its tackling , and kept a stricter hand upon the reins , than was formerly used ; and by giving a general rule for dispensation , took away all arbitrary dispensations and licenses , which were formerly granted beyond all rule , but that of silver or gold ; and made all practices contrary to the rule , damageable to the party . thus far concerning the matters in cognizance ; now touching the power of the keys . english prelacy having laid aside the pretentions of rome , they put the world to a gaze , to see which way they would go . in the innocent infancy of prelacy , it was led by the hand by the presbytery , and would do nothing without them ; afterwards , having gained some degree of height and strength , they entred themselves to be chariot-horses to the roman sun , till they had set all on fire . now unharnest , it is expected they should return to their former wits ; nevertheless forgetting their ancient yoak-fellows , the rural presbyters , they stable with the king ; use his name sometimes , but more often their own ; serving him with supremacie , as he them with authority beyond their sphere . they raise him above parliament , he them above councils ; so as they do what they list , let the plebeian presbyter will or nill ; they are the onely numeral figures , and the other but cyphers to make them omnibus numeris absoluti . nevertheless the canon still remains the same : episcopi se debent scire presbyteros , non dominos , nec debent in clerum dominari ; episcopus se sedente non permittat presbyterum stare . episcopi noverint se magis consuetudine quam dispensatione presbyteris majores . kings may make them lords , but as bishops they hold their former rank assigned by the canon : as lord s , the king never gave them the keys ; and as bishops , the canon did not ; yet as under the joynt title of lord-bishops , they hold themselves priviledged to get what power they can . two things they reach at , viz. the absolute power of imprisonment , and of excommunication in all causes ecclesiastical . the common law would never yield this ; some statutes in some cases did pretend . first , as touching imprisonment , the statute of henry the fourth concerning heresie doth lisp some such power : of what force the same statute is , hath been already observed . in case of incontinency of church-men , it is more directly given them by a statute in henry the seventh's time ; before which time , the statute it self doth intimate , that an action did lie against them for such imprisonment ; which law also was made useless by another in henry the eighth's time , who gave a way to statutes for the punishing them at the common law. first , with death , which continued for some moneths ; and that being found too heavy , it was punished by another law with forfeiture and imprisonment . and the same king likewise gave way to a law for the like punishment in case of heresie . by that law that revoked the statute of henry the fourth formerly mentioned , although till trial , the same was bailable : and thus continued till the time of edward the sixth . but as touching excommunication , it was to no purpose for them to struggle : the common law would never permit them to hold possession quietly ; but did examine their authority , granted prohibition , enjoyned the ordinary to grant absolution where it saw cause . nevertheless in some cases henry the eighth gives way to some statutes , to allow them this power , as in the ●evying of tenths . in the next place , the prelacy had not this ecclesiastical jurisdiction in themselves , so as to grant it to others ; but the parliament did dispose thereof , not onely to bishops , but to chancellors , vicars general , commissaries , being doctors of the law , and not within holy orders , and limiting their jurisdiction in cases concerning the papal jurisdiction ; and their manner of sending their process and citations , to draw men from their proper diocess , and also their inordinate fees in cases testamentary . the prelates therefore might possibly make great claim hereof ; for generally they were still of the old stamp , loved to have all by divine right , and lived they cared not by what wrong : but the laity enclining too much to the new religion , as then it was termed , refused to yield one foot unto their pretentions . and so like two horses tied together by their bits , they endeavour after several courses , ever and anon kicking one at another , yet still bestrode by a king that was joynted for the purpose ; and so good a horseman , that neither of them could unhorse him , till death laid him on the ground . and thus was the roman eagle deplumed , every bird had its own feather ; the great men the honours and priviledges , the meaner men the profits ; and so an end to annates , legatine levies , peter-pence , mortuaries , monasteries , and all that retinue ; the vast expences by bulls , and appeals to rome ; to all the cares , expences , and toil in attendance on the roman chair : the beginning of all the happiness of england . chap. xxxi . of judicature . these two kings were men of towring spirits , liked not to see others upon the wing ; in which regard it was dangerous to be great , and more safe not to be worthy of regard . especially in the times of henry the eighth , whose motion was more eager : and there was no coming nigh to him , but for such as were of his own train , and would follow as fast as he would lead ; and therefore generally the commons had more cause to praise the king for his justice , than the nobility had . both the kings loved the air of profit passing well , ( but the latter was not so well breathed ) and therefore had more to do with courts which had the face of justice , but behind were for the kings revenue . such were the court of requests , of mean original , mean education , yet by continuance attained to a high growth : the court of tenths and first-fruits : the court of surveyors : the court of the lord steward of the houshold : the court of commission before the admiral : the court of wards : the court of the president of the north : the prerogative court : the court of delegates : the court of commission of review : others of more private regard : and ( that which might have given the name to all the rest ) the court of augmentation . besides these , there were some in wales ; but that which concerned more the matter of judicature , was the loss of that grand liberty of that country , formerly a province belonging to this nation , and now by henry the eighth incorporated into the same , and made a member thereof , and brought under the same fundamental law ; a work that had now been long a doing , and from the time of edward the third brought on to perfection by degrees . first , by annexing the tenure of the marches to the crown : then upon occasion of their rebellion , by loss of many of their wonted liberberties . afterwards henry the eighth defaced the bounds of divers the ancient counties , and setled them anew , and the bounds of the marches also , and appointed pleas in courts of judicature to be holden in the english tongue . and last of all , re-united them again to the english nation , giving them vote in parliament , as other parcel of the english dominions had . true it is , that from their first submission , even unto edward the first , they were summoned unto parliament , and had vote there ; but onely in order to the interests of their own country , now and henceforth they possess one and the same vote as english men . secondly , as courts and judicatories multiplied , so some also of those that were ancient , enlarged their jurisdiction , especially such of them as most nighly related to prerogative : amongst others the privy council leads the way ; who now began to have too much to do in a double capacity , one at the council-table , the other at the star chamber : for now their power began to be diversly considered . in their first capacity they had too much of the affairs of the common-pleas , in the latter they had too much of the crown-pleas ; both of them serving rather to scare men from doing wrong than to do any man right . and therefore though some men might seem to have some recompence , yet the greatest gain fell to the king and his courtiers ; and thus became majesty , or state , or prerogative , to be more feared than beloved . what the power of the council was formerly , hath already been manifested , that which both these kings conspired in , and whereby they gained more power over the people than all their predecessors , was this , that other kings stood too much upon their own legs ; these leaned much upon the lords , and gained the lords to stick close to them ; and in this they had both the kings love , and the peoples leave , who now disjoynted upon several interests , especially that of religion , must be contented to let go that which they had no heart to hold . and thus they obtained a judicatory power over the people ; like that of great men whose censures are commonly above capacity , and not like to that of the peers . this was begun in henry the seventh's time , who taking occasion to complain of corruption and neglect in ordinary trials of the common law , gets the people to yield to the council , or some of them , a power of oyer and terminer , by examination upon bill , or information in matters concerning maintenance , liveries , retainders , embraceries , corruption in sheriffs and juries , riots , and unlawful , assemblies , crimes all of them of the same bloud with rebellion , which the king as much hated as the thought of his title to the crown ; and therefore would have it feared , as much as the punishment by such a mighty power ; and a trial of a dreadful nature could effect . a trial , i say , wherein both the guilty and the guiltless adventure their whole estates , against the edge of the arbitrary wills of great men of unknown interests , in an unknown way , at unknown places ; having no other assurance , how , or when to come off , but a proclamation to tell the people , that the king above all things delighted in justice . a bitter pill this was for the people to swallow ; yet it was so artificially composed , that at the first taste it gave a pretty rellish , the king delights in justice , the chancellour hath his conscience , the archbishop brings religion , the judges bring law ; so as it is probable nothing will be done , but according to justice , conscience , religion , and law ; a very fair mixture , but that there was a treasurer in the case . yet the success answered not expectation , the persons offended were many times inferiour , and their estates not great , the offenders more mean , and of desperate fortunes ; for great men were too wise to try this new way , or to taste of their entertainment . therefore within nine years the judges of assize are betrusted with all , and that court so continued for as many years more ; and then the king marked out one crime amongst the rest for his own tooth , belonging to the great men onely ; for they are onely to commit the crime , and to give recompence suitable to the king's appetite . it is giving of liveries , and retainders ; a sore evil in the eyes of a jealous king , tending to draw the inferiour sort to honour and admire , and be of the suit of those of the greater sort ; and then beware the crown . these therefore must be tried before the king himself and his council , that he may know whom he is to fear , and of whom to take heed . and hereupon is a strange power given , to summon upon a meer suspicion : to proceed without information : to examine the defendant upon oath , and make him his own accuser : to punish according to discretion by fine and imprisonment . and thus the king and his council have gotten a power under colour of liveries and retainders , to bring the whole kingdom to be of their livery , or else they can suspect whom they please , apprehend whom they suspect , put him presently to the rack of confession , and so into prison , till he hath satisfied both displeasure and jealousie , and covetousness it self . never was england before now in so low a degree of thraldom , bound under a double knot of self-accusing , and arbitrary censure ; and this out-reached , not onely in matters meerly civil , tending to the common peace , but was intruded also into matters ecclesiastical in order to the peace of the church . all bound unto the good behaviour , both in body and soul , under peril of loss of all that a man hath dear to him in this world . the plot of all this was laid by henry the seventh , and was followed by henry the eighth , who put that into practice . ( which his father had in design ) being led thereto by such a skilful guide as cardinal wolsey was , who , though of mean birth , yet of a spirit above a king , and equal to the popedom , strained the string of prerogative to its utmost height , and then taught the king to play thereon ; which he did after his blunt manner till his dying day . and thus though the clergie are brought a peg lower , and the nobility advanced higher , yet was it the policy of these kings to make them all of their own livery and retaindership , to keep them in an upper region , looking on the poor commons at a distance far below ; and well it was for the commons thus to be , till the influence of these blazing stars grew cooler . chap. xxxii . of the militia . it may fall within the verge of opinion , that the guilty title of henry the seventh to the crown of england , gauled his mind with jealousie , the greatest part of his reign . whether it were that he had not declared himself so fully upon his title by his wife , or that as yet he feared some unknown plantagenet would arise and put his crown to the question . this made him skilful in the point of fortification ( wherein he likewise spent the greatest part of his reign ) not so much by force of arms ( for he cared not much for that noise , well knowing that peace is the safer condition for a king that comes in by power ) but principally by way of gaining concessions and acknowledgement from the subjects : a musick that he much delighted to hear , well knowing it would conclude those amongst them that knew too much , and instruct them that knew too little ; and so in time he should pass for currant amongst them all . it was no hard matter for the king to accomplish this , the greater part of the kindom being pre-ingaged unto his title , and of them many depending upon him for livelihood , if he failed , they must look to lose all . but the present occasion urged more importantly ; the title to the crown was already put to the question , by the pretentions of one that named himself duke of york : and it is now high time for the law to declare it self , to direct the people in such a case . what shall the people do where might overcomes right ; or if days come like those of henry the sixth , wherein the subjects should be between two mill-stones , of one king in title , and another king in possession , for whom must they take up arms ? if for edward the fourth , then are they traitors to henry the sixth : if for henry the sixth , then are they traitors to edward the fourth . and so now , if for henry the seventh , then they may be traitors to the duke of york : if for the duke of york , then are they traitors to henry the seventh . for though the duke of york was said to be but a contrivance of the house of burgundy , yet a great part , both of the great men and others , were of another opinion ; and the king himself was not very certain of his condition for the space of six years thereby . this puts the title of allegiance , and that power of the militia , to the touch : at length both king and parliament come to one conclusion , consisting of three particulars . first , that the king for the time being ( whether by right or wrong ) ought to have the subjects allegiance ; like to that of the wise counsellor of that brave king of israel , whom the lord and his people , and all the men of israel chuse , his will i be . and this is not onely declared by the express words in the preface of the law , but also by the kings own practice : for he discharged such as aided him against richard the third then king , by pardon by parliament ; but such as aided him being king by declaration of the law. secondly , that this allegiance draweth therewith ingagement for the defence of that king and kingdom . thirdly , that the discharge of this service , whereto the subjects are bound by allegiance , ought not to be imputed unto them as treason : nor shall any person be impeached or attained therefore . the first and the last of these need no dispute . the second is more worthy of consideration , in the particular words set down in the statute , viz. that the subjects are to serve their prince in his wars , for the defence of him and the land , against every rebellion , power , and might , reared against him ; and with him to enter and abide in service in battle . wherein two things are to be considered , the service , and the time or occasion . the service is , to serve the prince in his wars , and with him to enter and abide in service in battel : which is the less to be stood upon , because there is a condition annexed , if the case so require ; which must be determined by some authority , not particularly mentioned : albeit , that whatsoever is therein set down , is onely by way of supposal in a preface annexed to the law by the king , and permitted by the commons , that were as willing the same should be allowed , as the king himself ; both of them being weary of wars , and willing to admit this conclusion , for the better security of them both in these doubtful times . but to lay all these aside : for the case is not stated , till the cause be considered ; all this must be onely when and where the king's person and kingdom is endangered by rebellion , power or might reared against him . so as the king's person must be present in the war for the defence of the kingdom , or no man is bound by his allegiance to hazard his own life . and then this point of allegiance consisteth onely in defending the king in the defence of the land , or more particularly in defending the king's person , he being then in the defence of the land ; and defending him in order to the defence of the land. so as no man can rationally infer from hence , that the king hath an universal power of array when he pleases ; because the king , when he pleases , may not levy war , nor make other war than a defensive war , when the land is endangered , or when need shall require ; as another statute hath it . but who shall determine this need or danger , neither in these or any other laws is mentioned ; either out of want of occasion , or by reason of the tenderness of the times , wherein both prince and people were willing to decline the question . secondly , the persons that are to do this service , are to be considered of ; and although they are indefinitely set down under the word subjects , it may be supposed that the word is not to be taken in so large a sence , as to comprehend all of all ages , sexes , callings , and conditions ; in regard that even by the common-law , some of each of these sorts are discharged from such service . but it may seem , the king was neither satisfied with the expressions of this first law concerning the occasion or time of this service ; nor did he see sufficient ground , under the notion of bare allegiance , to desire more . new ways are by him found out ; his patentees were not a few : and although few or none could ever boast much of any cheap purchases gained from him ( for he was wont to be well paid beforehand for his patents , either by money , or that which was as beneficial to him , ) yet he was resolved , that their holding should be no less advantageous to him , than their having . and therefore in plain words he lets them know , that notwithstanding former consideration , upon which they had their patents at the first , they must fight for him , if they will live upon him ; and either adventure their lives or their benefit , chuse they which : and if they find fault with their condition , he touches them with the law of their allegiance . and thus he makes way to intimate a claim of a more absolute allegiance : for being to shew the equity of the law , in regard of their allegiance , he tells them , that every subject is bound by his allegiance , to serve and assist his prince and soveraign lord , at all seasons , when need shall require . general words , that affirm nothing in certainty , yet do glance shrewdly upon an absolute and universal assistance . then coming to drive the nail home , it is said , that the patentees are bound to give their attendance upon his royal person , to defend the same when he shall fortune to go in his person to wars , for the defence of the realm , or against his rebels and enemies . ( and as another statute addeth ) within the same realm , or without , and according to their allegiance ; and not to depart without especial license , or until general proclamation of dismission . in short therefore , here is a new militia , as touching the king's patentees ; they must attend the king's person whither ever the king will lead them , either within the realm , or without ; whether against such as he will suppose to be his enemies abroad , or if he will mistake his subjects for his enemies at home . and this under the colour of allegiance , published in doubtful expressions , as if it were not meet that henry the seventh ( that loved not to yoke himself to the law ) should yoke his laws under the laws of plain language : or rather , that he held it a point of policy to publish his laws in a doubtful stile , that such as durst question his laws , might have no positive charge against them ; and such as dared not to enter into the lists with him , might not be bold to come nigh the breadth of them . nevertheless , neither doth the glance of allegiance in the preface of the former , nor in the body of the later statute , any whit confirm , that what is in them enacted , is done upon the ground of allegiance ; but contrarily , whenas the first statute cometh to the point , it startles from the ground of allegiance , and flies to the ground of a kind of equity or reason . and the second resorteth to the first as its proper ground , as being a supplement thereunto in cases forgotten , and so omitted ; though it may be rather thought that the king creeping up into his height by degrees , made the former onely as an essay to prepare the way for the later ; like the point of the wedge , that maketh way for the bulk and body thereof . the truth of this assertion will be more manifest , from the nature of both these laws , being limited both in regard of time and person . in regard of time ; for both these laws are but temporary , and to continue onely during the life of henry the seventh , in regard the advancements therein mentioned , as the moving cause , are onely the advancements made by himself . in regard of the person ; for all persons that received advancements from him , are not bound thereby ; namely those that come into such advancement by purchase for money : neither are judges and other officers excepted persons in the said statutes . if therefore allegiance had been the ground of these laws , it had equally bound all who are under the bond , and no equity could have given a general rule of discharge unto such condition of men . it had likewise bound as well formerly and afterwards , as during this king's reign ; and therefore whatever semblance is made therein concerning allegiance , there had been no need of such law , if allegiance could have done the deed , or if the power of array had been of that large extent , as it hath lately been taken . in my conceit therefore , these two laws do hold forth-nothing that is new , but a mind that henry the seventh had to fill his coffers , though his mind would not so fill . he would have souldiers , but they must be his patentees ; not for any skill or valour in them above others , but he hoped they would compound with him for licenses to absent , rather than to adventure themselves ; and so he might get the more money , that could find pay for souldiers more and better than they were or would be . for otherwise the patentees might by the statute have been allowed to serve the king by their deputies ; which would have done the king better service in the wars , than themselves could have done . and for this very purpose , much use was made of these statutes , as well by henry the seventh , as henry the eighth , both for licenses and pardons , for composition in such cases , as their records do plentifully shew . secondly , let the claim of kings be what they will , yet the matter in fact shews plainly that they never had possession of what they claimed . both these kings pretended a foreign war , each of them once against one and the same nation , and to that end advanced to one place with their armies ; although the one went in good earnest , the other in jest . their armies were not gathered by prerogative , but of voluntiers : this not onely the records , but also the statutes do clearly set forth . some souldiers served under captains of their own choice ; and therefore the law inflicteth a penalty upon such captains as bring not their number compleat , according to their undertaking : other souldiers are levied by commission , by way of imprest , which in those days were voluntiers also , and expecting favour from the publick ; the rather , because they devoted themselves thereto , without relation to any private captain ; they willingly therefore received imprest-money . and of this course the state saw a necessity , both for the better choice of men , and for the more publick owning of the work. for such as had been usually levied by the captains , were fit onely to fill up room , and make up the number ; and yet many times there was a failing in that also : and this manner of raising the infantry , was continued by henry the eighth , as by the like law in his time may appear . as touching the levying of the horse , although divers statutes were made for the maintenance of the breed of horses , and persons of all degrees of ability were assessed at the finding and maintaining of a certain number of horses ; yet do none of them tell us , that they shall find and maintain them armed compleatly for the wars , nor shall send them forth upon their own charge ; and therefore i suppose they were raised as formerly . these two kings had the happiness to be admired ; the one for his shrewd cunning head , the other for a resolute and couragious heart : and it was no hard matter to find men that loved to ingratiate themselves , and endeavour to catch their favour , though with the adventure of their lives ; especially if they looked after honour and glory , which as a crown , they say , pitched at the goal of their actions . thirdly , concerning the pay of the souldier , the law was the same as formerly , the same was ascertained by the statute-law : the payment was to be made by the captain , under peril of imprisonment , and forfeiture of goods and chattels ; and the true number of the souldiers to be maintained and listed , under the like peril . fourthly , as touching the souldiers service , the same course also was taken as before ; if they desert their colours , they should be punished as felons , and the manner of trial to be at the common-law . fifthly , for fortifications , the power properly belongeth to the supreme authority to give order therein . for the people may not fortifie themselves ( otherwise than in their particular houses , which are reputed every man's castle ) because publick forts are enemies to the publick peace , unless in case of publick danger ; concerning which , private persons can make no determination . and furthermore , no fortifications can be made and maintained , without abridgement of the common liberty of the people ; either by impairing their free-hold , or exacting their labour , or other contribution ; none of which ought to be done , but by publick law. and therefore when the inhabitants of the county of cornwal were to make defence against invasion and piracy from the coast of little britain , in regard they were a long slender county , and upon sudden surprizals people could not so readily flock together for their joynt defence , they obtained an act of parliament to give them power to fortifie the sea-coasts according to the direction of the sheriff and justices of the peace . lastly , wars once begun , must be maintained at the charge of the undertakers . if they be the kings own wars , he must maintain them out of his own treasury , till the benefit of them do prove to the common good ; and in such cases the charges have been sometimes provided before the work , by act of parliament , and sometimes after . henry the seventh , and henry the eighth , both of them at their several times went to boloigne with their armies . henry the seventh with an intent to gain profit to himself by an advantagious peace ; and had his ends therein , and was ashamed to ask aid of the people towards the charges of that war. henry the eighth went upon his own charge also with his army , trusting to the parliament for consideration to be had of his employment ( wherein his expectation did not fail ) and in his absence made queen katherine general of all the forces of england in his absence , and gave her power , with other five noble personages , to take up money upon loan , as occasion should require , and to give security of the same , for the maintaining and raising of forces , if need should require ; as is more particularly set forth in the patent-rolls of these times . nevertheless , the war at sea infra quatuor maria , was ever reputed defensive as to the nation , and under the publick charge ; because no war could be there , but an enemy must be at hand , and so the nation in imminent danger ; and therefore the maintenance of the navy-royal in such cases , was from the publick treasury . to conclude therefore , if the parliament and common law in all these cases of levies of men for war , payment of souldiers , and their deportment , in cases of fortifications , and of maintenance of wars at sea , and the deportment of such as are employed therein ; i say , if they give the law , and carry the supream directory , then certainly the law rules in that , which seems most lawless ; and though kings may be chief commanders , yet they are not the chief rulers . chap. xxxiii . of the peace . peace and war originally depend upon the same power , because they relate each to other , as the end to the means ; and receive motion from one and the same fountain of law , that ruleth both in peace and war. it is very true , that several ages hitherto have been troubled with arbitrary exhalations ; and these very times whereof we now treat , are not altogether clear from such an air . two kings we have at once in view , both of them of an elate spirit ; one working more closely by cunning , the other more openly by command , yet neither of them pretending so high as to do all , or be all in all . peace suited more with henry the seventh , than with his son , who delighted to be accounted terrible , rather than good ; yet both of them were glad enough to be at peace at home , and were industrious to that end , though by several means . henry the seventh pretended justice and peace , ( a welcome news to a people that formerly accounted nothing theirs but by the leave of the souldier ) and therefore sets upon the reformation of the sheriffs courts , in the entring of plaints , and making of juries suitable to that present time , wherein men of estates were very scarce , and much of the riches of the nation evaporated into the wars both civil and foreign . although the continuance of that order concerning juries in the succeeding times of opulency , hath brought these courts into contempt , and made way thereby for the kings courts to swell in glory , and to advance prerogative even above it self . secondly , he reforms goals , as well in their number as their use . during the civil wars , every small party of men that could get a strong place , made the same not onely a castle , but a goal , and usually imprisoned and ransomed at their own pleasure . for remedy whereof , henry the seventh restores all goals to the sheriffs , saving such as hold by inheritance ; and gives power to two justices of the peace , one being of the quorum , to take bail in cases bailable , and recognizances of the peace , to be certified at the next sessions or goal-delivery . thirdly , both kings concur in providing against such disorders , as more immediately did trench upon the publick peace , and reached at the crown it self , by labouring to prevent by severe punishing ; and lastly , by regulating the proceedings of judicature in such cases . these disorders were two ; inordinate wearing of liveries , and unlawful assemblies : the first being in nature of unlawful assembly of minds and spirits of men ; the second , of their bodies and persons . both these had formerly been provided against ; but the judges of the common law , unto whose cognizance these crim● were holden , did restrain their punishments to the rule of the common law , then thought to be too facile and mean for disorders that did flie at so high a pitch ; and therefore they are reduced before a higher tribunal , as matter of state , as hath been already mentioned . the severity of punishment consisted not so much in aggravating the pain , as the crime ; matters of injury being made felonies , and those treasons . this crime of treason , at first it concerned matters acted against the nation ; afterwards it reached to matters acted against the king ; now it reacheth even to the very thoughts and imaginations of the heart ; not onely of bodily harm to the king , but of the queen , or their heirs apparent , or tending to deprive them of their title of name of royal estate . this crime was formerly made but felony by henry the seventh , and then onely extended to such offence committed by one of the kings houshold against the person of the king , or a lord , or any of the council , steward , treasurer , or controller ; so as the person of the queen was not then in the case , and yet then newly crowned , and at that instant bearing in her womb the royal seed , which was then the onely earnest of the stability and glory of england ; and therefore it is a subject of wonderment , unless it were out of extremity of jealousie , lest he should seem to make too great account of her title , and thereby disparage his own . and then is it a piece of wit , but not without weakness ; for he that is jealous of the slightings of other men , shews himself unresolved in his own pretensions . now henry the eighth not onely raised the price , but added to the thing ; and not onely putteth the queen , but the prince or heir apparent into the case , making the same treason . so as it implieth , that english allegiance tieth the subject , not onely to the safety of the person of the king , but also to the queen and heir apparent ; otherwise the offence is made and declared treason against the king. secondly , the election of the object is to be considered : for whether the one or other statute be observed , it will appear , that although the king was the next object expressed , yet a further was intended ; and that the crime is not intended , in regard of his natural capacity as a man , but of his politick capacity , and in relation to the common good of the nation . and this is evident , not onely from the several prefaces of the laws , but also from the manner of election , whereby the title of heir apparent is taken up , and not the eldest son or daughter , or these , and not the other children , all which are equally dearly beloved in natural regard . thirdly , though at the common law treason be properly a crime against allegiance , yet as in cases of felony crimes may be by the statute made as treason , which at the common law are not against the legiance of an english man ; for this remaineth ever one and the same : but one and the same fact may be made treason , and unmade , by the statute-law , as befel this law of henry the eighth , by a law within twenty years after ; like as also in former times , one and the same fact hath many times received the like measure . other treasons besides these already mentioned , were by henry the eighth created ; as marriage with any of the kings sisters , daughters or aunts of the father's side , or the daughters of his brethren or sisters , without consent first had of the king : counterfeiting currant money , not of the kings coynage , was likewise made treason by henry the seventh , who was well seen in that mystery or money-trade : and the like also became of counterfeitures of the kings privy signet and sign manual . and lastly , that horrid trick of poysoning was reduced to this category , rather that the penalty might be more terrible in the death ( which was by boyling ) than for any tincture in the nature of the crime , or in any forfeiture of estate . the policy of these times thus irritated against treason , had proved very irregular , if the same had not been as rigid in cases of felony . divers new ones of that kind are also dubbed ; amongst which conjuration or witchcraft comes first ; an old felony in the saxons time , but since had gotten its clergie , now well-nigh for the space of five hundred years , and they it ; so as it never walked abroad amongst the laity , but under the favour of the cloistered people ; nor ever came before the civil power , till now henry the eighth brought it forth into its own ancient and proper regiment . other crimes , being those of the season , are made into the same degree : such as were taking of women into captivity ; unlawful huntings with disguises ; malicious breaking of the dikes and banks in marshland ; servants embezzelling their masters goods to the value of forty shillings or upward , which ( besides that of heresie , whereof formerly ) though of a new stamp , yet of so good a constitution , that they remain unto this day under the same brand . but let the laws be never so severe , if they have not free liberty to walk at large , they are soon ghostless ; and therefore these two kings , especally the later , gained that honour above their predecessors , that they gave the law a free and full scope over all persons but themselves and their assignees , and in all places . first , concerning places , every one knows the notion , but few considered the extent of sanctuary ground in england , that could sanctifie any crime or criminal person in such manner , that though the eye of justice could see , yet the hand of justice could never reach them , till henry the eighth plundred them of all their sanctity , and made all places common . so as no treason could hide it self , but where the act of parliament did appoint , and turned their names from sanctuaries to priviledged places . the sanctity of the person was yet more mischievous and hard to be reformed ; it had been often attempted before these times , with little success . henry the seventh gained some ground herein beyond his ancestors ; the delinquent might have his clergie once , but not the second time , ( though he fled to the horns of the altar ) and was ever after known by a brand in the hand . thus far did henry the seventh go , and would have done more , even as far as unto those in holy orders . but henry the eighth coming on , in point of treason , made all persons common , without respect of their orders or profession . death makes an equal end of all . in cases of murther , robbery , burning of houses ; felonies done in holy ground , high-way , or dwelling-house ; refusal of trial ; peremptory challenge of above twenty of the pannel ; servants embezzelling their masters goods in value forty shillings , or upwards ; in all these cases no clergie could be allowed , but to persons in holy orders , and those also to be perpetually imprisoned in the ordinaries prison . and yet this exception held not long in force , but these men also were equally wrapped up in the same course , to have their clergie , and indure the brand even as other men . two difficulties yet remain , which hindred the execution of the laws against treason . one , concerning the place ; the other , the person . the place many times of the plotting and beginning of the treason befalleth to be without the walk of the kings writ ; in which case by the common law it cannot be inquired or tried : or it may be , that the men of the place be generally disaffected , and then no hope of finding out the matter . in such cases therefore it is provided , that be the crime wheresoever the delinquent will , it shall nevertheless be inquired , and tried where the king will. the person of the delinquent also many times changed its condition ; it might be sober at the time of the delinquency , and afterwards upon discovery prove lunatick , and thereby avoid the trial ; this , whether in jest or earnest , by a statute is made all one ; and it is ordained , that in case the fact be confessed by the delinquent before the lords of the council , at such time as the party accused was of sound mind , and the same be attested under the hands of four of those lords , the same shall be a good ground to proceed to inquisition before commissioners ; and the same being found , to try the delinquent without answer or appearance , saving unto barons their trial by their peers . and thus however in their fits , the will of the persons of these kings was too hardy for the kings to manage according to rule , yet the law still in title kept the saddle , held the reins , and remaineth the chief arbitrator unto every man. chap. xxxiv . of the general government of edward the sixth , queen mary , and queen elizabeth . we are at length come within sight of the shore , where finding the currents various and swift , and the waves rough , i shall first make my course through them severally , and then shall bring up the general account of the reigns of one king and three governours . the king was a youth of about ten years old , yet was older than he seemed by eleven years ; for he had all the ammunition of a wise king , and in one respect , beyond all his predecessors , that made him king indeed , by the grace of god. he was the onely son of henry the eighth ; yet that was not all his title , he being the first president in the point of a young son , and two elder daughters by several venters ; the eldest of whom was now thirty years old , able enough to settle the government of a distracted nation ; and the son so young , as by an act of parliament , he was disabled to settle any government at all , till he should pass the fifteenth year of his reign . but the thing was setled in the life-time of his father , whose last will , though it speak the choce , yet the parliament made the election , and declared it . the condition of this king's person was every way tender ; born and sustained by extraordinary means ; which could never make his days many , or reign long . his spirit was soft and tractable , a dangerous temper in an ill air ; but being fixed by a higher principle than nature yielded him , and the same beautified with excellent endowments of nature , and arts , and tongues , he out-went all the kings in his time of the christian world . his predecessors provided apparel and victual to this nation , but he education ; and thereby fitted it to overcome a fiery trial , which soon followed his departure . the model of his government was as tender as himself , scarce induring to see his funeral ; ready for every change , subject to tumults and rebellions ; an old trick that ever attends the beginning of reformation , like the wind the sun-rising . the diversity of interests in the great men , especially in point of religion , for the most part first set these into motion ; for some of them had been so long maintained by the romish law , that they could never endure the gospel : and yet the different interests in matters of state made the greater noise . all was under a protector fitly composed to the kings mind , but ill matched with rugged , humorous , aspiring minds ; whereof one that should have been the protectors great friend , became his fatal enemy ; and though he were his brother , to prejudice his interest , pawned his own blood . the other , which was the duke of northumberland , had his will , but missed his end : for having removed the protector out of the way , and gotten the chief power about the king , yet could he not hold long what he had gotten ; for the king himself , after sixteen months decaying , went into another world , and left the duke to stand or fall before some other power ; which came to pass upon the entry of the next successor . the greatest trouble of his government arose from the prosecution of a design of his grandfather , henry the seventh , for the uniting of the two crowns of england and scotland by marriage , and setling an enduring peace within this isle : and unto this work all were aiders in both nations , but the enemies of both . but god's ways are not as man 's ; it is a rare example , to find out one marriage that did ever thrive to this end . england meaned well , in proffering love ; but the wooing was ill-favouredly carried on , by so much bloud . lastly , as the government was now tender , so was it carried with much compliance with the people : which ever gives occasion to such of them that are irregular , to be more ; and such as are well governed , to be less ; because , though pleasing it be , yet it is with less awe and spirit : which renders their obedience , at the best , but careless and idle ; unless such as are very consciencious be the more careful over their own ways , by how much their superiours are the less . not thus was queen mary , but ( like a spaniard ) she over-ruled all relations and engagements by design : she was about forty years old , and yet unmarried , when she came to the throne ; it may seem she wanted a mind to that course of life , from natural abstinency , or was loath to adventure her feature ( which was not excellent ) to the censure of any prince of as high degree as she held her self to be ; or her value was not known : so as to persons of meaner interests , she might seem too much above ; and to those of greater , too much beneath . or possibly her father was loath to let the world know her title to the crown , till needs must ; or to raise up a title for another man , so long as he had hope of a son of his own to succeed him ; and yet had formerly designed her for a wife to charles the fifth , and afterwards to the dauphine of france . or it may be her self had set a command of her self , not to change her estate , till she saw the course of the crown either to or fro . however , the time is now come , that she must marry , or adventure her womanhood upon an uncertain and troublesome state of affairs . she liked the lord courtnee above the prince of spain , but feared he would not design with her . she held him not unmeet for her degree : for she feared he was good enough for her sister , that then also had the title of a kingdom waiting so nigh her person , as she was an object of hope to her friends , and fear to her enemies . and yet queen mary married the prince of spain : it may be it ran in the bloud , to marry into their own bloud ; or rather , she was thereto led by reason of state , partly to enable her with greater security in the resetling of her kingdom in the popish religion , wherein she knew she had to do with a people not easie to be reduced , where conscience pretended reluctancy ; and partly to assure her dominion against the out-works of the french and scotish designs . and so she yielded up the supremacy of her person to the prince of spain , but ( thanks to the nobility ) the supremacy of the kingdom was reserved to her own use : for it was once in her purpose to have given up all to the man , rather than to miss of the man. and yet their condition was not much comfortable to either : the peoples dislike of the match sounded so loud abroad , that when the prince was to come over , the emperour his father demanded fifty pledges for his sons safety during his abode in this land ; which was also denied . when he was come over , the english fear the spanish tyranny ; and the spanish , the old saxon entertainment of the danes . so both lie at their close guards ; as after some time the king and queen did no less : for the queen was either never earnest in her affection , or now much less ; finding his body diseased , and his mind lingering after unlawful game . on the other side , the king not finding that content in her person ( especially after her supposed conception ) that he expected , looked to his own interest apart from hers , and thereby taught her to do the like . and this she thought cost england the loss of callis , and he spain the loss of many advantages that might have been obtained , and was expected from this conjunction . thus by the several interests between the king regnant and the queen regent , the government of england became like a knot dissolving , neither fast nor loose . towards the people she might well be reserved , if not rigid : for she knew her entry was not very acceptable , though accepted ; and that her design was contrary to her engagements : and therefore it was vain to think to please her self , and pleasure them . nor did she much busie her thoughts therewith : that abominated trick of impost upon merchandize she brought into fashion , which had by many publick acts been damned for the space of two hundred years . this was done without either shame or fear : for if the people turned head , she knew she had a good reserve from spain ; and the people might very well consider of that , though for her part she desired not much to improve that foreign interest ; because she might well see that spain designed to keep england so far beneath , that france might not get above : and that philip neither loved the double crown of england , no , nor the triple crown at rome , otherwise than in order to that of spain . this distance between her and her king , wrought her to a more nigh dependency upon her council and english nobility ; and so became less discerned in her government ; although questionless she did much , and wanted not wisdom or courage to have done more , but that she was not wholly her own woman . all men do agree that she was devout in her kind of profession , and therein as deeply engaged as her brother edward had been in his ; though it may be he out of tenderness of conscience , but she out of a spanish kind of gravity , that endures not change : and whereunto she was well aided by her clergie , who were her beloved for her mothers sake ; and now also so much the more sowre , by how much the nigher to the bottom . it is the less wonder therefore , if the zeal of these times burnt into a flame , that at length consumed even those that kindled it . in one thing more , above all the rest , she acted the part of her sex , rather than that of her place ; and the same contrary to the advice of her ghostly fathers , and all rules of policy , and the agreement between her king and self upon marriage ; which was the engaging of england in the war at st. quintins , against the french , contrary to the national league formerly made . nevertheless , the issue was but suitable : for though the english obtained their part of the honour of that day , yet in the consequence they lost callis , the last foot that the english had in france ; henceforth england must be content with a bare title . as this was deserved , so was it also reserved by the queen , to make the world believe that she died for grief therefore as a mother of her country ; although her bodily disease , contracted by a conception , wherein she beguiled both her self and the world , concurred thereto . in sum , the worst that can be said of her , is this , that she was ill-principled ; and the best , that she acted according to her principles : and so lived an uncomfortable life , shaped a bloudy reign , and had but a dim conclusion . the night was now spent , and queen elizabeth , like the morning-star , rising into the throne , sent forth the benignant influence of both her predecessors , and many ways excelled them both . she was begotten in a heat against rome , wherein also she was born and trained up by her father and brother edward's order ; and saw enough in her sisters course , to confirm her therein : for queen mary was not very catholick in her throne , though she was in her oratory . nevertheless , queen elizabeth's course hereunto was very strange , and might seem in outward respects to lead her quite wide : for her youth was under a continual yoke ; her mother dead whiles she was at the breast ; her father owning her no further than as his child born of a rebellious woman , never intending her for the crown , so long as any hope was left of any other . with her age the yoke grew more heavy ; her brother edward being but of the half-bloud , except in point of religion , might respect her at a distance beyond his mothers family . but this lasted not long ; her sister mary comes next , of a stranger bloud to her than her brother was ; looking ever back upon her as one too nigh her heel , and more ready to tread upon her train than support it . the difference in religion between them two , added yet further leven ; and this occasioned from her sister to her , many sowre reflections , bitter words , harsh usage , concluding with imprisonment , and not without danger of death . all which queen elizabeth saw well , made the less noise in religion , walked warily , and resolved with patience to endure the brunt : for she might perceive by her father's will , that her way to the crown , if ever she arrived at the end , must be through a field of bloud ; and though she knew her change of religion might make the way more plain , yet god kept her in a patient waiting , until the set time was come . thus passing over her minority with little experience of youthful pleasures , she had the happiness to have the less sense of youthful lusts ; which meeting with natural endowments of the larger size , rendred her the goodliest mirrour of a queen regent that ever the sun shone upon ; god adding thereto both honour and continuance , above all that ever sate in that throne . her entrance was with more joy to others than her self ; for she kept her pace as treading amongst thorns , and was still somewhat reserved , even in matters of religion , though she was known to be devout . she had observed , that the hasty pace , both of her brother and sister , brought early troubles , before either of them were well setled in their throne . and therefore whereas her sister first set up the mass , and then endeavoured to settle it by disputes , she contrarily first caused the point to be debated , and thereby gained liking to lay it aside . it is true , the moderatorship in that dispute , was imposed upon a lay-man ( as their term is ) but his work being to hold the disputants to order in debate , and not to determine the point in controversie ( which thing was left to the auditory ) might therefore more rationally be done by him , than censured by an historian , that shall undertake to judge them all . the first step thus made , one made way for another , till the whole became levened . her proceedings against opposers were with much lenity , rather overlooking , than looking on ; and such as stood more directly in her path , she would rather set aside than trample down ; and be fair to all ( without respect to difference of religion ) that would be fair to her . much of her happiness depended upon election of her council , more in observing their advice ; that whether she did rule , or were ruled , or did rule by being ruled , might deserve some consideration . this she did , to give satisfaction to such as took prejudice at her sex , rather than out of any sense of imbecility in her own intellectuals : for therein she equalled the best of her predecessors , and in learned endowments exceeded them all . generally she was of a publick mind , if not popular ; she loved to be seen of the people , and yet kept her distance . her sex taught her to use her tongue much , and her education to use it well and wisely : that , with a reserved carriage , was her scepter , winning thereby applause from the inferiour sort , and awe from the greater . a wise man that was an eye-witness of many of her actions , and of those that succeeded her , many times hath said , that a courtier might make a better meal of one good look from her , than of a gift from some other king. another felicity she had beyond others of her place ; she loved not to be tied , but would be knit unto her people . to them she committed her confidence under god , and they to her their chiefest treasure on earth , viz. their hearts to her parliament , which was the most considerable party that she had to deal with . she could personate majesty equal to any emperour ; and advise , commend , yea , and chide if she saw occasion : and yet ever had a trick to come off with a kind conclusion , without blur of honour . so as of thirteen parliaments called during her reign , not one became abortive by unkindness ; and yet not any one of them passed without subsidy granted by the people , but one wherein none was desired . and sometimes the aid was so liberal , that she refused the one half , and thanked the people for the remnant ; a courtesie that rang loud abroad , to the shame of other princes . she would often mention her prerogative , and yet not hold her self wise enough , either to interrupt the judges in their way , nor the bishops in theirs : albeit , she spared not also , as she saw occasion , to check the best of them for their irregularities . she had no beloved , yet entertained favourites at a cheaper rate , and in better order , than kings use to do . for she had a preferment within her power beyond the reach of them all , and passion also soon at command , or rather sometimes beyond command ; yet if calmly taken , it ever proved good for that party ( that suffered ) in the conclusion . however , her love she held under her own power , and therein excelled her forefathers . she had the precedent of her sister ( that adventured upon a prince for her bed , and missed what she expected , and lost what she had ) and thereby learned to call into question the possibility for her to gain the private contentments of a married life , and therewith maintain her publick interest in the kingdom ; and therefore resolved rather to sit alone , than to sit below ; and to refuse the help of any consort , rather than to part with any one jot of her interest in the people . so she remained above the people and her self , and thereby enjoyed both . but custom in government growing , together with infirmities of age , made her regency taste somewhat stale and spiritless , and gave occasion to mens minds to wander after the next successor . before she had been nine years queen , this scrutiny was once begun ; but it received a fair answer of delay , because it was then taken as done in love : now the apprehensions hereof , according to her age , are more fad ; she thinks them weary of her , and thereupon she is weary of her self and them . she supposes she can no longer give them content ; the lords have the power , they will not be ruled : and such like dark thoughts working upon an aged body , weakned with other infirmities , wasted her spirits , and hastned a conclusion unto a weary life , her self not unwilling herewith , and her courtiers less ; who expecting more from successors than they find , lived to dis-desire and unwish their former choice , by late repentance . thus making the ending of her days , she renewing of her reign in the hearts of all that observed her alive , or consider her ( now dead ) in the written registers of her fame . chap. xxxv . of the supreme power during these times . the supreme power , but erewhile monstrous in the two former kings times for greatness , now suffers as great a diminution , over-shadowed by infancy , womanhood , and coverture ; and gives the people breath to beware for the future , ne potentes si nocere velint non possent . nevertheless , the loss was onely of the hydropical humour , and the government came forth more clearly like it self . in the point of infancy , edward the sixth bears it forth , being the seventh president of infancy ruling under protectorship since the norman times ; yet beyond all the rest in managing his supremacy in church-matters , which none of them all did ever engage upon before him . english prerogative and supremacy , are notions of a sublime nature , and commonly looked upon as the holy mount at the delivery of the law , at a great distance , for fear of death or undoing ; and yet it is such a thing as a child may handle without hurt done either to the estates , persons , or consciences of any man ; because it is presupposed he does nothing but what the law first dictates by his council unto him . there is then no infancy in the crown , though in the person , because the wisdom of the crown is not intended to rest in one person , but in the counsels of many , who are equally wise , whether the person of the king be old or young . and the statutes made by henry the eighth , by which this king had power by his letters-patents , after the age of years , to adnul any act of parliament made by him before that time , was not grounded either upon principles of law , or general reason of state ; but upon some particular circumstances of the state of the affairs , as then they stood : and therefore is this power limited onely to such heirs or assignees of henry the eighth , to whom the crown shall come by his appointment . nor did it ever thrive to that desired end whereto it was intended : for upon the entry of edward the sixth , the councils changed , and the parliament took this statute away , as scandalous to the fundamental government of the nation , and instead of the power of adnulling , allowed of the power of repealing ; yet so , as until such time of repeal , the said statutes , and all acts thereupon done , shall for ever be deemed warrantable and good . this was too much , but that the times were yet in equilibrio , and men were loath to part with their interests , which they did hang upon that power of reserve , unto the king's letters-patents . yet in that the power is limited , not onely in regard of the manner and time , but of the persons , and also of the statutes that are to be repealed : it is sufficient to vindicate the nature of this prerogative ( if such it were ) to be no ways inherent , but acquired by concession . but as touching the legislative power , they would not trust it in the least manner to any other king. the parliament had crowned proclamations at the instance of henry the eighth , with that royal title of laws , in manner as formerly hath been noted . now all interests , both of the popish , and of the reformed parties of this nation , are against it ; the former , because they saw the king 's present way to be against them ; and both it and the latter , because the thing it self was abominable unto the liberties of the people , and therefore it is soon taken away by repeal , and the legislative power is wholly re-assumed to themselves , as formerly . for though in matters ecclesiastical , the power of the crown might seem to be more pre-eminent in regard of the supremacy , and some particular powers in making bishops by election without conge d'eslire ; yet did the parliament neither yield or acknowledge any legislative power to be in the crown thereby , but proceeded on in that way of the thirty and two commissioners formerly agreed upon by them , in the time of the king's father . thus the king , though an infant , was a gainer , and the crown nevertheless still the same . secondly , that crown that may be worn by an infant , may much rather be worn by a woman , whose natural endowments do far exceed the other , and are not inferiour unto the most of men . of this we have two examples in these times , queen mary and queen elizabeth , of several professions in matters of religion , and liable to exceptions in regard of their sex , by men of the counter-profession on both sides ; yet both upheld the honour of the crown , though therein the one more especially , being neither ingaged in the roman cause , nor in the estate of marriage , as the other was . this was queen elizabeth , in person a woman , but in mind endowed with all the perfections of a man : she could not endure to abate one hairs breadth of her state ; and yet upon the sole regard of her sex , she submitted her title of supremacy , to a more moderate name of supream governour , whereas her father would be called supream head ; as if it were not onely hazardous , but hideous for a woman to be supream head of the church . and for this cause would she not receive that statute made by her father , and continued by her brother edward the sixth , and repealed by her sister queen mary . nevertheless such as she was , she had all such jurisdictions , priviledges , superiorities , and pre-eminencies , spiritual or ecclesiastical , as by any ecclesiastical power or authority formerly had been , or might be lawfully exercised for visitation of the ecclesiastical state and persons , and for reformation , order , and correction of the same , and all manner of errours , heresies , schisms , abuses , offences , contempts , and enormities . she had therefore neither absolute empire , nor absolute jurisdiction over the churches ; neither power to make , declare , alter , or repeal any law ; neither did she ever exercise any such power but onely by act of parliament . she had a power over ceremonies in the worship of god , which was given her by the parliament to execute by advice , and therefore was limited ; as also was all the remainder of her power in jurisdiction ecclesiastical . for she could do nothing in her own person , but by commission ; and these commissioners must be natives and denizons , not foreigners ; and the same to be but in certain cases , and with certain process . some cases of ecclesiastical cognizance were referred to trial at the common law , viz. such as concerned the publick worship of god in cases of forfeiture and imprisonment . lastly , neither had the queen , nor her commissioners , nor bishops , absolute power over the church-censures ; no censure was regarded but excommunication , and that no further than in order to the writ de excommunicato capiendo ; and in all cases the same was to be regulated according to the statute in that case provided , or by the common law in case of action . in all which we find no jurisdiction in cases ecclesiastical , that is absolutely setled in the crown . in matters temporal the thing is yet more clear ; she never altered , continued , repealed , nor explained any law , otherwise than by act of parliament , whereof there are multitudes of examples in the statutes of her reign ; and what she did by her judges , was ever under correction . a woman she was , and therefore could be no judge , much less in the cases of difference concerning her self and her crown . a queen she was , and might make judges , but she must go according to the law : new judicatories she could make none ; nor judicially make , declare , alter , or determine the power of any court or judge in case of difficulty , but by her parliament . as in the cases concerning the power of the lord-keeper , the powers of the commissioners of sewers and charitable uses , the courts at westminster , and the county-courts , in the several statutes concerning the same , may more fully appear . and which is yet of a meaner size , her power extended not to redress any inconvenience in process of errour or delay in courts of law , nor to remedy errours in judgement , fines , recoveries , attainders , or other matters of record or trial , whereof the statutes of her time are full , and also the opinions and judgements of the judges of the common law concurring therewith . i mention not the power of life and member , which without all contradiction hath ever been under the protection of the known law. so as upon the whole account it will be evident , that this queen had no absolute pre-eminence in all cases , but either in contradiction to foreign power , or the power of any particular person , and not in opposition to the joynt interest of the representative of england . queen mary comes next , although a woman as well as she , yea , her elder sister and predecessor , yet came short of her in the point of supremacy , by a double submission , both unto the law of a husband , and of a foreign power in cases ecclesiastical ; although the same was with such qualifications , as it was much more in title and pretence than in reality ; and so in the conclusion , neither approved her self to be good wife , good catholick , nor good queen . she could be no good wife , because she was too great for her husband within the realm , and resolved not to be without . a catholick she was , but the worst that ever held her place : her father appeared what he was , spake plain english , and was easily discerned . but she told the pope a fair tale of disclaiming supremacy , and reconciling her kingdom ; yet none of her predecessors did go beyond her in irregularity of her proceedings . before ever she called parliament , she setled the great work of reformation , or rather deformation in the worship of god , by single proclamation ; and not onely took away the partition-wall of doctrine by the like power , but gave way and power to persecution thereupon to arise , before any 〈◊〉 order from the holy see , then so called , enabled her thereun● 〈◊〉 and ●●ter that she declared her self convinced , that she ought not 〈◊〉 ecclesiastical jurisdiction , and by her instructions forbad the 〈…〉 in their process that clause of regia autoritate fulcitus yet even these instructions had no other authority than her own . and nevertheless , she still inforced the execution of all matters concerning the publick worship of god , and government of the church , when as yet the pope had no admittance unto his ancient claim . it is very true , that the pope long ere now had made a fair offer , and the queen had lent her ear ; but her train was too great to move as fast as was pretended ; so as no meeting could be had till the queens marriage with spain was past ; and such as were disaffected , found it was bootless to stop the current of two such mighty streams of power now joyned into one : and so that unclean spirit returned seven times worse than when he went out , and took seisin , meerly upon repeal of the laws made by henry the eighth , in the negative , without farther grant or livery . for though an express embassage was sent to rome , to perform the solemnity of the submission ; yet the pope died before the arrival of the embassie , and the solemnity failing , left the title of the crown much blemished , yet was it not wholly defaced . for if the statutes in henry the eighth , and edward the sixth's time , did but confirm the possession , it is evident that the repealing of those statutes took away no right from the crown , nor gave legal possession to the pope , that had formerly neither possession nor right ; but left him to his remitter , as in his ancient right , or rather in his ancient wrong . yet right or wrong , de facto , he both did win and wear the keys so long as the queen lived , and so far as she pleased : for her devotion would not allow of absolute obedience in that kind , nor all for gospel that the pope said or did ; but by her self and council , executed the powers of supremacy of jurisdiction in church-matters , not onely in pursuance of the papal authority , but in crossing the same where the popes way crossed her opinion ; as in the cases of the war between her husband and france , and the power legatine of cardinal pool ; her condemning of doctrines and books to be heretical by proclamation , establishing both prayers and dirges , and other orders of publick worship ; whereof more fully in the publick histories of those times , and the queens injunctions upon occasion of the death of pope julio , is to be seen . lastly , she was no good queen , not onely because she gave up the peoples liberties in ecclesiastical matters to the foreign jurisdiction of rome , but undertook too much therein by far upon her own account ; and in civil affairs , though de jure she was not inferiour to any of her progenitors , yet she would have it declared by the parliament ; as if the consideration of her sex or birth , had made some hesitation in her mind ; and when she had made all clear , she commending her self thereby to the prince of spain , with her self , indangered likewise that trust of the nation which she had received , and cast such a shadow upon her own supremacy , as in many things it is hard to be discerned . lastly , in her whole course uneven ; sometimes appearing like the eldest daughter of henry the eighth , at other times like a fee-covert , led by the will of her lord aud husband , that wanting supremacy himself , rendred her thereby beneath her self . for first , she married by act of parliament , as if she were not at her own disposing ; professing as much in her speech to the londoners , upon the kentish rebellion . so a difference was made between the two sisters ; the marriage of the one being by advice of parliament , and the abstinence of the other against the same . nor is the same altogether irrational : for by the one , the government of the nation is endangered ; and by the other , otherwise . secondly , by her marriage she became doubly married ; one way relating to her person unto her king , the other relating to her trust unto her council : for where a foreign mighty king is so nigh the helm , it is dangerous to trust the same to his wife , without the joynt concurrence of the lords . the matter in fact declared no less : for many times she had steered quite wide , had not the lords been more stiff to their principles than she . the first year of her marriage was honey-moon with her ; she thought nothing too dear for the king , and that her self was but meanly married , unless her husband were as compleat a king in her nation , as any of her predecessors ; although contrarily , the higher he was advanced , the meaner she became . thirdly , by her marriage she adventured her title of supremacy of jurisdiction . for philip , as king , had the honour , stile , and kingly name , and so had the precedency . he had to do also with the jurisdiction : for by the articles of the marriage , he was to aid the queen in her administration of the kingdom , and maintenance of the laws ; writs and commissions passed under his name . he also sate in parliament , voted therein , and joyned in the royal assent . lastly , joyned in the publication and execution of all laws . to him also was allegiance due ; and therefore the crime of treason was equally against his , as the queens crown and dignity , saving that it was reserved to be as against him onely during the time of coverture . and yet had the queen left issue by him , it would have been a hard adventure for the lawyers to have given their opinion in that case , seeing the king had been guardian to his children during their minority . lastly , the whole power and jurisdiction resting in them both joyntly , could not enable them to make or dissolve courts at will , nor conclude orders and directions in cases of plea and conveyance , nor process concerning the same . i shall sum up all in this one conclusion : if neither of these three had an absolute legislative power , either in matters concerning the church or commonwealth ; if no absolute jurisdiction , in case either of life , member , or estate : if they neither can create , unite , or alter any court , either concerning the trial and determining the estates of the people , or their own revenue : if not alter or make any new process in the courts of law : if not order common assurances of lands or estates ; and lastly , if they have no power in determining the last appeal and definitive sentence in matters of controversie , but all must rest upon the sentence by parliament , there must certainly be found out a further sense of that grand title of supremacy of jurisdiction , power , superiority , pre-eminence , and authority , than by the common vogue hath been made . the title of supremacy was first formed in the behalf of henry the eighth's claim in matters ecclesiastical ; which by the statute is explained under these words of power : to visit , correct , repress , redress offences and enormities . this power , and no other , did queen elizabeth claim : witness the words of the statute in her own time . but in the framing of the oath of supremacy in her time , not onely in causes ecclesiastical , but temporal , ( which never came within the statutes and publick acts in henry the seventh's time ) are inserted ; and if any thing more was intended , it must come under the word things , which also was inserted in the said oath ; and yet if the words of the statute of queen elizabeth formerly mentioned be credited , the word things ought to comprehend no more than the word causes , and then the power of queen elizabeth in the commonwealth will be comprehended in these words of supremacy ; to visit , correct , repress , redress offences and enormities : for the supremacy in the church and commonwealth , is the same in measure ; and what more than this , i cannot understand out of any publick act of this nation . now in regard offences and enormities are properly against laws , the power to visit and correct , must also be regulated according to laws , either of war , or peace : nor do these five words , jurisdiction , power , superiority , pre-eminence , and authority , contain any more supremacy , or other sence ; for two of them speak onely the rank or degree of the queen in government , viz. superiority and pre-eminence belongeth onely to her , and not to any other foreign power . and two other words do note her right and title thereto , by power and authority committed to her . and the other word denotes the thing wherein she hath superiority and power , viz. in jurisdiction : the nature of which word , vlpian ( speaking of the nature of a mixt government ) explaineth thus : quando servata dictione juris judiciorum fit animadversio . so as this supreme authority in jurisdiction , is no other than supreme power to visit , correct , redress offences , or determine matters in doubt , by deputing fit persons to that end and purpose according to the law ; and this is all the supremacy that appeareth to me , belonging to the crown in these times . chap. xxxvi . of the power of the parliament during these times . when the throne is full of a king , and he is as full of opinion of his own sufficiency and power , a parliament is looked upon as an old fashion out of fashion , and serves for little other than for present shift , when kings have run themselves over head and ears . a condition that those of that high degree are extremely subject unto ; but where the crown is too heavy for the wearer , by reason of infirmity , the parliament is looked upon as the chief supporters in the maintaining both the honour and power of that authority , that otherwise would fall under contempt . a work that must be done with a curious touch , and a clear hand ; or they must look for the like censure to that of a king to a great lord that crowned him : my lord , i like your work very well , but you have left the print of your fingers upon my crown . such was the condition of these times , wherein a child and two women are the chief ; but ever under the correction and direction of the common council , in matters of common concernment . two things declare the point ; the course of the title of the crown , and the order of the powers thereof . the title ever had a law , which was at the helm , although diversly expounded . kings ever loved the rule of inheritance , and therefore usually strained their pedegree hard to make both ends meet , though in truth they were guilty oftentimes to themselves , that they were not within the degrees . the people ever loved the title of election ; and though ever they joyned it to the royal bloud , and many times to the right heir , to make the same pass more currant without interruption of the first love between them and their princes ; yet more often had they kings that could not boast much of their birthright in their first entry into their throne . of three and twenty kings from the saxons time , four of the former had no title by inheritance ; the two williams , henry the first , and king steven . two others , viz. henry the second and richard the first , had right of birth , yet came in by compact . the seventh , which was king john , had no title but election . the eighth , viz. henry the third , came in a child ▪ and contrary to compact between the nobility and the french lewis . the ninth and tenth succeeded as by unquestionable title of descent , yet the nobles were pre-engaged . the eleventh , which was edward the third , in his entry eldest son , but not heir , for his father was alive : but his successour was his heir : it is true , there were other children of edward ▪ the third alive , that were more worthy of the crown ; but they were too many to agree in any but a child , that might be ruled by themselves . three next of the ensuing kings , were of a collateral line . their two successours , viz. edward the fourth , and edward the fifth , were of the line ; yet edward the fourth came in by disseisin , and edward the fifth by permission . richard the third , and henry the sev●nth , were collateral to one another , and to the right bloud . henry the eighth , though when he was king might claim from his mother , yet came in as heir to his father . and if edward the sixth was right heir to the house of york by his grandmother , yet cannot the crown be said to descend upon the two sisters , neither as heirs to him , nor henry the eighth , nor to one another , so long as the statute of their illegitimation remained ; which , as touching queen mary , was till three months after her entry upon the throne ; and as touching queen elizabeth , for ever : for that virago provided for her self , not by way of repeal ( as her sister had done ) but more tenderly regarding the honour of her father and the parliament , than to mention their blemishes in government , by doing and undoing . she over-looked that act of henry the eighth , and the notion of inheritance , and contented her self with her title by the statute made by her father in his thirty fifth year ; which to her was a meer purchase ; and was not ashamed to declare to all the world , that she did have and hold thereby , and that it was high treason for any subject to deny that the course of the crown of england is to be ordered by act of parliament . and this power did the parliament exercise , not onely in ordering the course of the crown to queen mary and queen elizabeth , but during the reign of queen elizabeth , so far as to disinherit and disable any person who should pretend right to the crown , in opposition to the right of queen elizabeth . and upon this point onely , did the whole proceedings against mary queen of scots depend ; who claimed to be , and doubtless was heir unto henry the eighth , after the determination of his right line ; and yet she was put to death for pretending right by the common law , in opposition to the act of parliament . true it is , that this doctrine doth not down well with those that do pretend to prerogative , aided ( as they say ) by the act of recognition made to king james , and the oaths of supremacy and allegiance ; which do make much parly concerning inheritance and heirs . nevertheless it is as true , that the act of recognition made no law for the future ; nor doth the same cross the statute of eliz. nor doth it take away the power of the parliament from over-ruling the course of the common law for after-ages . nor do the oaths of supremacy and allegiance hold forth any such obligation unto heirs , otherwise than as supposing them to be successors , and in that relation onely . and therefore was no such allegiance due to edward the sixth , queen mary , or queen elizabeth , until they were actually possessed of the crown ; as may appear by the oath formed by the statute of henry the eighth touching their succession . nor did the law suppose any treason could be acted against the heirs of edward the sixth , queen mary , or queen elizabeth , until those heirs were actually possessed of the crown , and so were kings and queens ; as by express words in the several statutes do appear . nor did the recognition by the parliament made to queen elizabeth , declare any engagement of the people to assist and defend her , and the heirs of her body , otherwise than with this limitation , being kings and queens of this realm ; as by the statute in that behalf made , doth appear . and lastly , ( had those oaths been otherwise understood ) the crown had by the virtue of them been pre-engaged , so as it could never have descended to queen mary , queen elizabeth , or king james , but must have remained to the heirs of edward the sixth for ever . secondly , the same power that the parliament exercised in ordering the course of succession in the crown , they exercised likewise in determining and distributing the powers and priviledges belonging to the same : for these times were full of novelties . the crown had formerly sitted a childs head more than once , but it never tried to fit a womans head since the saxons times , till now that it must make trial of two . france might afford us a trick of the salique law , if it might find acceptance . and the unsetled state of the people , especially in matter of religion , might require the wisest man living to sit at the helm , and yet himself not sufficient to steer a right course to the harbour . nevertheless , the parliament having the statute of henry the eighth to lead the way , chose rather to pursue a rule than to make one , and soon determined the point , viz. that the crown of england , with all the priviledges thereof , equally belong to a woman in possession , as to a man or child . a bold adventure i say it was , but that henry the eighth was a bold leader ; and yet the bolder it was , if the consequence be considered . for queen mary , as a woman , brought in one new precedent , but in her marriage a worse : for she aimed not onely at a foreign bloud , but at a prince in power and majesty exceeding her own ; and thereby seeking advancement both to her self and her realm , endangered both . the matter was long in debate between the spanish and english , and now had busied their wits about ten years ; at length a supremacy is formed suitable to the lord and husband of queen mary , that could not be content to be one inch lower than her self . philip had the name of a king , and precedency ; and in many cases , not without the allegiance of the english. their offences against his person , equally treason with those against the queens own person ; and indictments run , contra pacem , & coronam d. regis & reginae . that in some cases he participated in the regal power , may appear , in that by the articles he was to aid the queen in the administration of the kingdom ; he joyned with the queen in the royal assent , and in commission , letters patents , and in writs of summons of parliament , as well as others ; yet in the words the crown is reserved onely to the queen , and she must reign as sole queen . now if the king had broken this agreement , either the parliament must over-rule the whole , or all that is done must be undone , and england must bear the burthen . a queen regent is doubtless a dangerous condition for england , above that of an infant-king , unless she be married onely to her people . this was observed by queen elizabeth , who therefore kept her self unmarried ; nor did the people otherwise desire her marriage , than in relation to posterity . few of them liking any one of their own nation so well , as to prefer him so highly above themselves ; and fewer any foreigner . this was soon espied by foreign princes ; and the queen her self perceiving that she was like to receive prejudice hereby in her interest amongst them , signified by her embassadors , that she never meaned to stoop so low as to match with any of her subjects ; but intended to make her choice of some foreign prince , who neither by power or riches should be able to prejudice the interest of any of her neighbouring princes . a pretty complement this was , to gain expectation from those abroad , and better correspondency thereunto . upon this ground divers princes conceived hopes of more interest than by trial they could find . and the arch-duke of austria began a treaty , which seemingly was entertained by her ; but her proposals were such , as silenced all those of the austrian interest for ever after , viz. . that the romish religion should never be admitted into england . . that no man that she married should ever wear the title of king. . that no foreigner should ever intermeddle in the rule and government of the church or commonwealth , nor in the ministry of the church . . that if he survived the queen , he should never challenge any title or interest in the government , or any possession in england . . she would never marry any one that she might not first see . so as either she aimed at some inferiour prince , that durst not look so high ; or else she did but make semblance till she was nigh forty years old : and in all declared , that she liked not her sister maries choice . to these two powers of determining and distributing , i shall adde a third of deputing , which the parliament exercised as formerly it had done . henry the eighth had in ecclesiastical matters exercised a power beyond the law , and yet by parliament had provided positive laws , by which the same ought to have been ordered : these were also confirmed in edward the sixth's time , with some additionals . by these , particular commissioners were appointed for the making of ecclesiastical constitutions ; and the king himself had a power of episcopofactory , without conge d'eslire . they likewise limited the power of ecclesiastical courts , altered their process , reformed their censures , even that grand censure of excommunication it self . the like , or much more may be said of their deputing power in civil affairs ; as well by enlarging the king's power , as in abridging the same . for whereas some of the successors of henry the eighth , had power by vertue of his letters● patents , after twenty four years of age , to annul any act of parliament by them made before that age ; in the time of edward the sixth , notwithstanding the proviso of that law , and although edward the sixth , was not then twelve years old , yet the parliament repealed all , and restored to edward the sixth onely that power for the time to come ; but not to any of his successors . and whereas henry the eighth had gained to himself and his successors a legislative power by proclamation ; the parliament in edward the sixth's time took the same quite away , and reduced proclamations into their former sober posture . the like may be observed of the power of the parliament , in ordering the lives , members , and estates of the people in matters criminal ; and in making and altering courts of justice , and bounding their power , altering their process , abridging their terms for judicature , reforming errours in pleading , amending common conveyances and assurance , as in passing fines with proclamations ; their course in county palatine ; limitations of prescription ; fraudulent deeds ; recoveries by collusion , &c. in all which the crown had no power , but in and by the parliament . many particulars more might be added , if the matter so required ; for the statutes are more full in these later times than formerly , and may soon lead us beyond a just period in so clear a matter . chap. xxxvii . of jurisdiction ecclesiastical in these last times . in the general , and in relation to the foreign jurisdiction of rome , it was like a child in an ague , under fits of heat and cold ; but in it self , under the prelacie , still growing in stature though not in strength edward the sixth came in like a storm that tor● 〈…〉 by the roots , yet a top-root remained intire with the 〈◊〉 , bearing shew of a kind of divinity , that though bared of the 〈◊〉 soil of the papacy , yet transplanted into the new mould of royalty , soon conveyed a new life , which made the stock still flourish , and grow into a better condition than formerly it had . their legislative power in matters concerning their own interest , though in outward view seeming their own , yet was doubly disturbed from the pope and the king ; who , though many times they opposed one another , yet evermore were both of them in opposition to the church , and with the greater bitterness by their own mutual emulations . but now the church is come under the controle of onely , one that joyned with it for their mutual interest , as being both of them embarqued in one and the same ship . two things concurred to the furtherance hereof . first , the times were tender , and scarce able to digest the change of worship , now patronized by edward the sixth , much less able to digest the change of government , if the same had been undertaken in a different way from what it was formerly . secondly , the times were also dark , and few saw the bottom of prelacie , but lodged all the prejudice in the persons that managed that calling . and certainly they had the less occasion to doubt of their own judgement therein , because edward the sixth had the good providence of god to lead him to make use of such men in that place , that were meek , and holy , and themselves attempted in the fire of persecution , and therefore more tenderly affected to others in that condition . and these carrying themselves like tender nursing fathers in their places , wrought in the people a good opinion of their places , and that form of government for their sakes yet even in those first times of reformation , somewhat appeared in that very quintessence of episcopacie , in matters of ceremony and conformity , that might have taught wise men to beware . upon such grounds as these it went well with episcopacy in these first times of reformation , but ill with the church in the issue . that prelacie was a gainer by the change in henry the eighth's time , hath already appeared ; and that it still gained , may further appear in these ensuing considerations . first , whereas formerly bishops were regardant both to the crown and presbytery ( for so may the dean and chapter be accounted ) in the point of election by conge d'eslire , now they are made the birth of the kings own breath ; which thing was never deduced from the ancient right of the crown ; ( saving due honour to the air of the preface of the statute ) for in the best times it never had more than a power of investiture : but from the necessity of the times so corrupted , that deans and chapters generally were of the roman spirit , and gave little hope of good elections by themselves . besides , the state of learning and holiness was now at the low-water mark ; so as little supply being looked for to begin the work of reformation from beneath , they began above ; and so it proved but a weak building for the longer time . and thus a lesson is left to future parliaments , that in cases of reformation they are not to be strictly holden to rules of law or precedent . secondly , the prelates hereby had their authority confirmed by act of parliament , and so were now built upon a foundation , that formerly did hang onely upon a pin of power from rome . for jurisdiction without authority , is but a dropsie that brings inevitable consumption in the conclusion . and thus the prelacie are inabled to hold courts without contradiction , and directed in their process , who formerly had a good title to neither , in that course that they held the same . thirdly , though their jurisdiction was defined by the statutes , yet in larger bounds than ever the statute-laws formerly noted ; and in what they claimed power , they did it not altogether upon civil right , but still kept an awful regard to their persons and power , as under the sway of a divine donation ; and therefore , as in those matters to them by the statute allowed , they did proceed in the name and under the seal of the king ; so in other things of collation , institution , induction , orders , excommunication , and such like , they proceeded in and under their own name and seal ; and , which was a crown to all the rest , power is still given to the archbishop of canterbury , in cases of faculty and dispensation , to proceed under his own seal , and not the kings , as if it were a power independent upon the crown , and belonging unto the man ; neither by statute nor commission , but coming by some secret influence from the very place it self . although in the clear sense it is no more than a power of non obstante in the point of obedience to the canon-law , which by a statute in henry the eighth's time is declared no law. but let this pass as a mole in this fair face of church-government . the prelates are now become of the vicinage , probi & legales homines ; they have their jurisdiction by law established ; what they lose in breadth , they gain in height and goodness of their foundation . yet their attire looks ill-favourably in queen maries eye ; she will have it of the old cut again : and though cardinal pool was well seen in the roman fashion , yet when he had done all , he did no more than shape a garment to serve the present interlude , neither fit to the body , nor easie to be worn ; and therefore after four or five turns upon the stage , it is thrown away . nevertheless , during the time that england was thus dancing the italian measure , prelacy in england held its own domestick garb so well , that neither poole ( being of english bloud , not much distant from the crown , and then also holding the chair legatine , as little inferiour to the throne ) would not impose too much , nor queen mary , a woman of a stout spirit , yield farther than she liked . by means whereof , the prelacie , looking no more to rome than the power in appeals , and therein little more than the bare title , played rex all the while with the people , under colour of heresie and the canon-law , which now was again made their rule : and thus as touching their election and jurisdiction , they were as before . for queen mary did nothing but by single repeal . but queen elizabeth being true english , both by father and mother , liking not this retreat , faced about , routed the roman fashion out of fashion ; put prelacie to its close guard , and received it upon capitulation , not onely to mercy , but favour ; and so it became her vicar to exercise her ecclesiastical jurisdiction per saltum : for it is hard to find by what steps they gained this pitch . henry the eighth was supream head by submission of the clergie , by resumption , and by act of parliament ; and as such , the power of bishops formerly derived from rome ceased ; and henry the eighth after restored it anew , and setled the same by several acts of parliament ; which edward the sixth confirmed , with divers additional acts of further benefit to them , as hath been already noted . but queen mary altered all by repeal of the former laws , and so left all in remitter , as before the alteration by henry the eighth ; and did neither give or grant any jurisdiction to the pope . last of all comes queen elizabeth , and by repeal and resumption possessed her self of jurisdiction ecclesiastical ; and granted election of bishops by conge d'eslire , but never granted to the bishops ordinary jurisdiction by any express act , other than permission of them to continue in their former course ; notwithstanding that the foundation of their jurisdiction had been altered twice ; and so it will be difficult for it to hold by prescription or custom , or any other way than by a kind of divine right , which began to be pretended , yet to this day could never be made evident to the world. whatever the ground was , the thing is plain , that prelacie in queen elizabeths time had this honour allowed thereunto , that it was upholden by election from ecclesiastical men , and held its jurisdiction as from it self , and in the name of bishop as ordinary ; and the power of excommunication by a saving in the statute-law , and not by express donation ; notwithstanding the late precedent in the time of edward the sixth to the contrary . secondly , the rule of this jurisdiction was no less at large ; for the canon-law was determined by henry the eighth , and edward the sixth , and was not revived by any act of parliament , by queen mary or queen elizabeth , who neither pursued the medium of the thirty two commissioners , nor setled other rule , but a few canons , which ( after some time ) by queen elizabeth and her clergie were agreed upon , but never confirmed by act of parliament . and so could never bind the subject ; and which in general set forth a kind of form of church● policy , yet no fashion of jurisdiction , or rule of proceedings in the ecclesiastical courts ; but in such cases left them to the canon-law , which was hidden in their own breasts , and could be make strait or wide as they pleased . thirdly , the● censures now grew more sharp ; for whereas at the utmost formerly they ●●uld do no more but imprison , or deliver over to the secular power , and that onely in case of heresie , and yet had scarce ground of law for what they did ; now they have an additional power , to fine and imprison in cases of inferiour nature , and so can reach all that a man hath even to his skin . nevertheless this was not annexed unto the ordinary jurisdiction , but given by extraordinary commission , called the high commission ; wherein , though many others were named , yet the clergie and canonists did the work ; the rest being but in nature of a reserve to them , in case they were put to the rout . the power of these commissioners was to execute the queens jurisdiction in causes ecclesiastical : so as the bishops are doubly interested in this work ; one way , by supposed commission ●rom god , as ordinaries within their own diocess onely , and so may proceed to excommunication or deprivation ; the other way , by commission from the queen , as members of the high commission , ( for so many of them were such , as the crown would please ) and so they might fine and imprison . they might and did , i say , by their commission , but not by the statute that gives authority thereto , and therefore cannot be said to be done legally . fourthly , besides the contracted power of making canons in the convocation , by the power of the royal assent ; the queen had a power of making laws by their consent , in matters of the criminal part of the worship of god. this might be tolerable for the life of the one queen , who might be presumed would ( if she lived a few years ) settle all things : but to subject the consciences of all the people to the opinion of one metropolitan , that might opinionate strange things ; and that the successors of the queen should usurp this as a flower of the crown , to determine what is for gods glory in such cases , and to be always altering and patching up a form , as he and his metropolitan , or one of them alone , shall think meet , is neither commendable upon any grounds of divinity or humane policy . now amidst the flourishing estate of prelacy , it is no wonder if the churches be no gainers , but like plants spending their natures in luxuriant branches , either are over-turned by the next blast of wind , or do wither upon the least change of skie . that the whole ordering of the church-affairs rested originally in the parliament , no man can question , considering whatever the queen did , or had therein , was from the power of acts of parliament . and that the power of excommunication it self , notwithstanding that the church held it by way of reservation or saving , and not by donation from the parliament , by any express act ; yet was that saving with such limitations , as that it received but a lame power , in comparison of what it claimed and exercised in former times . for whereas formerly the church-men had the writ de excommunicato capiendo at their own beck ; now it will not come , but upon articles and certain conditions . . in cases of heresie . . of deserting of the sacrament . . deserting of publick worship . . maintenance of error . . incontinency . . vsury . . simony . . perjury . . idolatry . in other matters the spiritual sword must find or make their own way , or else be quiet . secondly , the church was now no less under the chair and throne , than under power of the parliament ; nor is it a wonder , if it could not thrive when it was so over● dropped : for prelacie by the king's arms is lifted up so high above the other clergie , that the rest of the clergie are as much underlings to the prelacie , as the prelates are to the king. they dare not offend the crown , lest they should lose their honours ; nor the inferiour clergie them , lest they should lose their livings and liberties : and so the prelates speak the sense of the clergie , and make the crown their oracle . thus in the church-matters the crown is all in all . chap. xxxvii . of the militia in these latter times . it cannot be denied , but as in the sober government of this 〈◊〉 there is a supremacy of command ; so also in the rudest times of war , and wheresoever the same is setled , there must the militia also be . the word militia is a general notion , sufficient enough for a name or title , but not to define the thing . i take it for nothing else but the government of the commonwealth when it is in danger , or war , or in order thereunto . it consisteth in the raising , arming , ordering , and paying of the souldiery . the title of the supream power in all this work hath been of late put to the question , and brought us to this sad condition of trial by battle ; and by fighting , to find out who had the chief power to fight . a lesson that might have been learned from former generations foregoing , at a far cheaper rate , when england is well in its wits . where the law of peace is setled , there also is the law of war ; and in what condition the crown standeth , in relation to the legislative power , in time of peace , may be seen in the foregoing discourse . in war the king is the peoples general by his place ; yet if any impediment do befal , either by natural disabilities , or civil , to render the person incapable of managing of the service , there is no question but the people may order the matter as they please . with examples hereof these times are full , wherein we have a child , a virgin , and a married woman to sway the work ; all of them in a very unmeet condition for such a trust ; and yet by the help they had , they managed it well enough . the power of him as king or general in the army , is all one ; but before it is imbodied , as a king onely , he may do some things in order thereto , according to the law and custom of the nation ; yet this falls under a double consideration of the time and occasion . in the recess of the parliament , he is the first mover , and ought to move by the advice of his council , if occasion do provoke to arms ; but if the same befal , the parliament then sitting , no history or record do mention that ever he moved but by their concurrent advice and direction . the occasion either provoketh offensive or defensive war with other nations , or with the people of his own nation , in the case of insurrection . examples of war with other nations , that may be called offensive wars , we have but two ; one in edward the sixth's time with scotland , and which was but in pursuance of a war begun by his father , and wherein the kingdom stood ingaged , in a case that concerned the publick good and safety , viz. the marriage of their king refused after promise made . the other was in the time of queen mary with the french , which somewhat reflected also upon the publick safety , but more upon the dishonour of the same . i● none of these did either of the supream powers array , or raise men by prerogative , but onely such as were voluntier in that work . and because the people were ill principled in edward the sixth's time , in regard of the change of religion , he was induced to hire foreign aid out of germany . the wars in the time of queen elizabeth were in order to the defence of this nation , being ever under a malignant aspect from abroad , especially from spain , in ireland , france , and the low countries . yet were these wars served onely by voluntiers ; nor did any commission give power of impresting men to serve against their wills in any expedition made to any of those places , as the commissions upon record do testifie . if any levies of men were otherwise made , or compulsory means used for such ends , they are to be reckoned up amongst the errata , whereof the parliament took no notice , in regard it saw the ends and issues of such reflections in government to be successful and honourable ; and that all was done by council , and a woman popularly affected ; and therefore they less feared invasion upon their liberties . or otherwise they are to be imputed to the condition of those places , being members of the commonwealth ; as the cautionary towns in the low countries , and the irish plantations were ; and so befel under another consideration of a defensive war , in case of invasion and common danger thereby , or by intestine broils ; during which condition , as it is the king's duty to levy and array men , so is it the duty of the people to be ready to assist one another in all such exigencies , and to defend the publick liberty . nevertheless , these arrays are not left wholly at the will of the king , but to discretion of the council , how far the same shall extend . for never were general arrays made , where but one coast was in danger , and where no conquest is in pretence , but onely piracy or plunder . but if the disease were general , as in the year , the array was general ; and yet it was of none , but those that were of the trained-bands , besides such as were voluntier . secondly , the arming of these men was also diversly ; there was no general rule or law for the arming of men since the time of edward the first to the time of queen mary , but the statute at winton ; the course of tenures , i mean of such men as were of the militia of this kingdom : so as when they were raised , they were raised in their own arms. but for such men as passed the seas for foreign service , as they were voluntiers , or sent over by the parliament , these were armed according to special contract . but queen mary , having gotten a safe reserve from spain upon all adventures , and a strong interest amongst the people , by upholding the catholick party , made no bones to innovate in the point of arming of the militia , although it cost the people much more than was imposed upon their ancestors . the pattern hereof was taken from the spanish cabinet ; the queen , being loth to be inferiour to her own husband , in bringing as much strength to him as he to her , and both of them willing enough to appear potent in the eyes of france , that then stood in competition with them both . a yoke it was , yet neither the king nor queens will , but the parliament put it on ; and ere an age expired it was cast off again . for the better understanding , see it in this scheme . per annum . lances . light-horse . corslets bows . hacquebuts . bills . l. marks . l.   l.   l.     marks .     l.       l.       l.     a coat of plate .   l.     a coat of plate .     goods . marks .   l.     l.       l.         l.     coats of plate .   l.     coat of plate .   l.       the lances were to be compleatly harnessed , or the one half of them . the corcelets furnished with coats of mail and pikes ; the bows with and iron cap , and a sheaf of arrows ; the hacquebuts with sallets . all which was to be over and besides such arms as men were bound unto by tenure , or covenant with the landlord , or by vertue of the statute . h. . c. . besides townships which were charged with joynt-arms ; annuities and copy-holds were charged as goods . if the arms were lost in the service , the owner must make them good again . the defaults were punishable with fine by the justices of the peace , who had the view , and might present them at the sessions , to be proceeded upon as in other cases . here is provision enough , yet not as the arms of the militia of the kingdom , but as a magazine in the hands of every particular man , and as his proper goods , to be imployed for the publick service , either upon suddain invasion in a defensive war , or when the parliament shall send them abroad . and yet it is also a rule unto the crown against arbitrary assessments upon discretion , from which it cannot recede if it mean to do right . it might now very well stand with the justice of queen elizabeth , to grant commissions of array , secundum formam statutorum , and do hurt to no man. it is true , her commissions of lord - lieutenancy wanted that limitation in words , yet they carried the sense : for if the crown were bound by the law , the lord - lieutenants were much rather ; but the danger arose after the death of queen elizabeth . for when king james came to the crown , under colour of pleasing the people , and easing them of a burthen , he pleased himself more , and made the yoke upon the people much more heavy in the conclusion ; for where no declared law is , there the discretion of them that have the care lying upon them must be the rule . and thus came the scotish blood to have pretensions to a greater prerogative than all their predecessors had ; upon this supposal , that the statute of queen mary took away all former laws of that kind , and then the taking away of the statute of queen mary , takes away all declared law as to that point . but more truly it may be inferred , that if all statute-laws be taken away , then the rule of tenures at the common law must remain in force , and no other . nevertheless , this statute of queen mary , though in force for the present , was not a general rule for arms in all places of this nation ; for the marches of scotland were a peculiar jurisdiction as to this point . they stood in more constant need of arms than any other part of this nation , in regard of their uncertain condition , in relation to their neighbouring jurisdiction ; and therefore were the farms of these parts generally contracted for , upon a special reservation of arms for each particular ; which being now decayed , are again reduced by queen elizabeth to their ancient condition in the time of henry the eighth . a second thing which may come under this general consideration of arming , is , the arming of places , by making of forts and castles ; which was not in the immediate determinate will of the crown to order as it pleased . for though they may seem to be means of peace and present safety , yet they are symptoms of war , and in the best times are looked upon with a jealous eye , especially such as are not bordering upon the coasts : because that prince that buildeth castles within the land , is supposed to fear the neighbourhood . this was more especially regarded in the days of philip and mary : for when that marriage was to be solemnized , it was one of the articles , to provide for the safety of such forts and castles , as then were maintained ; to the end they might be preserved free from usurpation , for the use , profit , strength , and defence of the realm , onely by the natural born of the same . and afterwards when occasion was offered for the building of more of that nature , a new power is given to king philip and queen mary , to re-edifie or make forts and castles , which must be executed by commission to the lieges for ten years ; and onely within the counties bordering upon scotland , and these particularly named in the statute . so as the crown had not power to build in all cases , nor to any end they pleased . nor to place therein , or betrust the same to whom it would . nor yet had edward the sixth that absolute power , although not engaged in foreign interests ; as his sister mary was : and therefore whereas castellanes had been made for life by patent , and so the absolute power of the crown was barred in the free disposal of the same during such time ; the parliament gave the king power to remove such as were not liked , or thought not faithful to the publick interest , although they gave no cause of seizure by any disloyal act . the like also may be observed of the ships and ordnance ; for they also do belong to the state , as the jewels of the crown ; and therefore upon the marriage of queen mary , they also are by articles preserved and saved , for the use , profit , strength and defence of the realm by the natural born of the same . thirdly , as touching the ordering of the souldiery , the matter is not much to be insisted upon ; for little doubt is to be made , but that power that raiseth them , also ordereth them to the same ends that they are raised . and therefore , as the sole power of the crown doth not the one , so neither doth it the other , but in cases formerly mentioned . and yet in no case , though the war be never so absolutely defensive , and the souldiers raised by the kings own and onely power , had the king absolute authority , and arbitrary power , in the ordering of them when they are raised ; but he must so behave himself to them , as to freemen , according to the laws made by themselves in their representative in parliament . and therefore are particular laws made to that end , against undue levying and discharging of souldiers , and defaults in paying of them : as also against the souldiers departing from their service without license , or wasting their arms , and such as wilfully absent themselves from musters ; as also for the preserving the castles , forts , ships and munition for war , from being witholden from their due use , or from burning or destroying . lastly , as touching the charge of the war , and pay of the souldiers . it is evident , that in all offensive wars the souldiers were paid by the crown , although they might be said in some manner to be in order to the defence and safety of the nation ; nevertheless , where the same was so apparent to the people , it was the common course in these times to have often parliaments , and often subsidies , which were no less in a good measure satisfactory to the crown for the charges of the war , than testimonies of the peoples good acceptance of the government of affairs , and so accepted at their hands . the particular records will warrant all this . for of all the wars in these times , ( that of excepted ) not any of them were ever managed at the peoples charge by contribution , but by retribution . so were these times , wherein the people , looking upon the crown as under a kind of infirmity of childhood or womanhood , did therefore bear a kind of compassionate regard thereunto , without jealousie at prerogative ; and could condescend and allow the crown its full grains , and somewhat more ; yea , more than was meet for some other prince to desire , or the people to give up . and yet more happy were they , wherein the crown knew no interest but in dependance upon the peoples good ; and so understanding , were rightly understood . chap. xxxix . of the peace . it is but little that can be said of peace in these times , wherein so little freedom was found from foreign pretensions , and intestine irregularities , or both ; and yet the people were never more resolved against the former , nor secure against the latter , and had god to friend in all . but most apparently was this observable in the times of queen elizabeth , whose government took up four parts of five of these times whereof we now treat . she was a compleat conquerour of war and treason , and therein the true inheritor of the fate of her grandfather henry the seventh , with advantage ; for she out-faced all dangers by her onely presence , having thereof had more experience than any princes that ever possessed her throne : yet she was wise enough to beware against the future ; considering her condition to be the last of her line ; that the next behind her was rather likely to trip up her heels than support her train ; that the pope narrowly watched every opportunity ; the distance between him and the throne being no greater than the breadth of her onely person . it may well therefore admit of excuse , if the statute of the of edward the third concerning treasons did not give satisfaction ; although therein if she were sollicitous , her subjects were more . some kinds of offences were made treason by statute-laws , which formerly appeared not such , because they appeared not at all ; and yet in the opinion of her people , the queen was too slack in the making , and more slack in the execution of them . the people had engaged themselves deeply against the queen of scots , and it was not safe for them to go back ; they go yet deeper , and without any positive authority , leading the way , they enter into an association amongst themselves for the queens safety ; and it was well liked by the queen , because she knew it was well meant , although by some it was mistaken . nevertheless , to take away all exception , a law is made in pursuance thereof , and so the work is reduced under an ordinary rate , though the publick danger was such , as might well have digested an extraordinary undertaking . i intend not to enter into the particulars of these treasons of the new stamp , because they are but temporarie , and in their ultimate reach tend onely to the safeguard of the queens person , in order to the intentionary sence of the statute of edw. . although not within the explicite words of that law. onely this is observable , that though the times were full of malice , yet was not all malice looked upon as fatal , nor every expression thereof treason , or privity thereto , although the crown it self was not a little concerned therein ; but reduced to an inferiour degree , called misprision ; as if they were willing rather to construe undertakings for mistakings , and thereby over-look much of the malignity of these times , than to make strict inquisition into every punctilio of offence . as touching felony , the rules were various ; some were of a new original , as that of gypsies ; others formerly such , afterwards laid aside , are now revived with advantage , as conjuration , and buggery : but imbezzelling by servants of their masters goods , made felony for a time by edward the sixth , is by queen elizabeth made perpetual . some felonies are made such within a certain precinct , as man-stealers , and other crimes upon the scotish borders . others formerly made felony , are now unmade ; as that concerning prophecies : and divers formerly protected under the refuge of clergie , are now barred of that reserve ; such as are those that command , counsel , or hire others to commit petty treason , murder , or robbery , & phil. & mar. cap. . stealers of horses , geldings , or mares , e. . cap. . robbers of houses , booth or tent , by day or night , e. cap. . pick pockets , or cut purses , eliz. cap. . and woman stealers , eliz. cap . and some crimes made felony impeachable onely within a certain time , and not upon a cool suit . so as upon the whole heap of account , the zeal of the times will appear to be more hot , by how much iniquity appeared more hainous ; and that wicked men waxed worse , as the times waxed better . more particulars of this nature , and of other offences of inferiour note , might be superadded ; as also of laws , of alteration and amendment of process and trial , and of common assurance and conveyance of estates , of particular revenue . all which might be insisted upon , if need were , to clear out yet further the conclusion of the whole matter ; which i hasten to accomplish , led on by a natural motion , that grows in speed , the nigher it comes to its end . chap. xl. a summary conclusion upon the whole matter . in the stating of this whole account , i shall first glance upon the natural constitution of the people of england , and then gather up the scattered notions into one form ; because the one doth not a little illustrate the other , and shew the same to be radical , and not by any forced inoculation . the people are of a middle temper , according to their climate : the northern melancholy , and the southern choler , meeting in their general constitution , doth render them ingenious and active : which nourished also under the wings of liberty , inspires a courage generous , and not soon out of breath . active they are , and so nigh to pure act , that nothing hurts them more than much quiet ; of which they had little experience from their first transmigration till the time of king james ; but ever were at work either in building ( as before the norman times ) or after in repairing their ruines occasioned by tempestuous pretensions from rome and foreign princes , or by earthquakes of civil contention about the title between the two houses of york and lancaster , or intrenchments of the crown upon the liberty of the people . but king james conquering all enmity , spake peace abroad , and sang lullaby at home . yet like a dead calm in a hot spring , treasured up in store sad distempers against a back-winter . their ingenuity will not allow them to be excellent at the cheat ; but are rather subject in that kind to take than give : and supposing others as open-hearted as themselves , are many times in treaties over-matched by them whom they over-match in arms. upon the same account they are neither imperious over those beneath , nor stubborn against them above ; but can well discern both person and time . man , woman , or child , all is one with them , they will honour majesty where ever they see it . and of the twain , tender it more when they see it set upon infirmity : as if they knew how to command themselves onely in order to the publick good . nevertheless , they love much to be free . when they were under awe of the popes curse , they bore off designs by the head and shoulders ; but afterwards , by watchfulness and foresight : and having attained a light in religion , that will own their liberties , of them both they make up one garland not to be touched by any rude hand ; but as if it were the bird of the eye , the whole body startles forthwith ; the alarm is soon given and taken ; and whether high or low , none are spared that stand in their way . this they do owe to the eastern people , from whom they fetch their pedegree . so as the onely way to conquer them , is to let them have their liberties ; for like some horses , they are good for carriage , so long as their burthens are easie , and sit loose upon them ; but if too close girt , they will break all , or cast their load , or die . and therefore queen elizabeth gained much to the crown by fair carriage , good words , and cleanly conveyance ; which was not soon discovered , nor easily parted with : but henry the eighth by height of spirit and great noise ; and therefore was no sooner off the stage , but what was gotten by the snatch was lost by the catch , and things soon returned into their ancient posture again . the first government of the people before their departure out of germany , was in the two states of lords and commons . the clergie came not into pomp and power till austin's time , and soon came to the height of a third state appendent to the former , and so continued till henry the eighth's time : then they began to decay in power , and in queen elizabeths time utterly lost the same ; and so they can no longer be called a state , although they still keep state . the two states of lords and commons in their transmigration , being then in the nature of an army of souldiers , had a general by their election ; under whom , after they had obtained a peaceable setling , they named him anew by the name of konning , or the wise man ; for then was wisdom more necessary than valour . but after the clergie had won the day , and this konning had submitted himself and his people to their ghostly father , they baptized him by a new name of rex ; and so he is stiled in all written monuments which we owe onely to ecclesiasticks ; although the vulgar held their appellation still , which by contraction , or rather corruption , did at length arrive into the word king ; a notion which as often changeth the sence as the air ; some making the person all in all , others some in all , and some nothing at all but a complement of state. the clergie gave him his title in the first sence , and are willing he should have a power over the estates in order to their design , which then was to rule the king , and by him all his people ; he doing what he listeth with them , and the clergie the like with him . the saxons take the word in the second sence ; for though they had put upon the commonwealth one head , and on that one head one crown , yet unto that head did belong many eyes , and many brains ; and nothing being done but by the common sense , a power is left to him much like to that of the outward members , executory . in time of war , how unruly soever the humours be , yet must the law be his rule : he cannot engage the people either to make , continue , or determine any offensive war without their consent ; nor compel them to arm themselves , nor command them out of their counties for war , or impose military charge upon them against their free consent , or contrary to the known law. in calmer times much rather , he can neither make new laws , nor alter the old ; form new judicatories , writs , process , judgements , or new executions , nor inable or disable any conveyances of estates . he may seem possessed of more power in church-government , yet , de jure , can neither make nor alter doctrine , or worship , or government in the church : nor grant dispensations , or licenses ecclesiastical ; nor commissions of jurisdiction , other than according to the law. and as a close to all , by one oath taken at the coronation , he not onely giveth to the people security of the peace and good behaviour , but beareth witness that he oweth allegiance both to the law and the people ; different from that of the peoples in this , that the king's allegiance is due to the law that is originally from the peoples election ; but the peoples to the king , under a law of their own framing . this leadeth on the consideration of a higher degree of power than that of kings . for though law , as touching morality in the general , be of heavenly birth ; yet the positive laws arising from common prudence concerning the honour , peace , and profit of every nation , are formed by humane constitution , and are therefore called honesta , or justa , because by common vote they are so esteemed , and not because any one man supposeth them to be such . the words of the summons to the parliament doth hold for this , quae de communi consilio ordinari contigerint ; and the words in the coronation-oath , quas vulgus elegerit , do speak no less ; whether they be taken in the ●●eter perfect-tense , or the future-tense , the conclusion will be the same . true it is , that in all , kings are supposed as present ; yet is not that valuable in the point of council , which is the foundation of the positive law. for as the best things under heaven are subject to infirmity ; so kings either short or beyond in age or wit , or possibly given over to their lusts , or sick , or absent , ( in all which the name of a king adds little more to the law than a sound ) yet all the while the government is maintained with as much honour and power , as under the most wise and well-disposed king that ever blessed throne . this is done in the convention of states , which in the first times consisted of individuals , rather than specificals . the great men doubtless did many things even before they saw the english shore ; that tacitus noteth : yet in the publick convention of all , did nothing alone , till of one house they became two . the particular time of the separation is uncertain , and the occasion more : it may be the great lords thought the mysteries of state too sacred to be debated before the vulgar , lest they should grow into curiosity : possibly also might the commons in their debates wish the great men absent , that themselves might more freely vote without angering their great lords . nevertheless the royal assent is ever given in the joynt convention of all . but how a double negative should rest in the house of lords , one originally in themselves , the other in the sole person of the king , ( whenas in no case is any negative found upon record , but a modest waring the answer of such things as the king likes not ) is to me a mystery , if it be not cleared by usurpation . for it is beyond reach , why that which is once by the representative of the people determined to be honestum , should be dis-determined by one or a few , whose counsels are for the most part but notionary , and grounded upon private inconveniencies , and not upon experimentals of most publick concernment ; or that the veult , or soit fait , which formerly held the room onely of a manifesto of the regal will to execute the law then made ( as his coronation-oath to execute all laws formerly established ) should be taken to be a determination of the justness or honesty of the thing : when as this royal assent is many times given by a king that knows no difference between good and evil , and is never competent judge in matters that in his opinion do fall into contradiction between his own private interest , and the benefit of the people . however unequal it may seem , yet both that and other advantages were gained by the house of lords , after the separation was once made , as many of the ancient statutes ( by them onely made ) do sufficiently hold forth : which although in the general they do concern matters of judicature , wherein the lords originally had the greatest share ; yet other things also escaped the common vote , which in after-ages they recovered into their consideration again . and the condition of the people in those times did principally conduce hereunto : for until the norman times were somewhat setled , the former ages had ever been uncertain in the changes between war and peace , which maintained the distance between the lords and their tenants , and the authority of the one over the other , savouring of the more absolute command in law. and after that the sword was turned into the plough-share , the distance is established by compact of tenure by service , under peril of default , although in a different degree ; for the service of a knight , as more eminent in war , so in peace it raised the mind to regard of publick peace : but the service of the plough supporting all , is underneath all , yet still under the common condition of free-men equally as the knight . peace now had scarcely exceeded its minority , before it brought forth the unhappy birth of ambition : kings would be more absolute , and lords more lordly ; the commons left far behind , seldom come into mention amongst the publick acts of state , and as useless set aside . this was the lowest ebb that ever the commonage of england indured , which continued till ambition brought on contention amongst the great men , and thence the barons wars , wherein the commons parting asunder ; some holding for the king , who promised them liberty from their lords ; others siding with the lords , who promised them liberty from the king ; they became so minded of their liberties , that in the conclusion they come off upon better advantage for their liberties than either king or lords , who all were losers before their reckoning was fully made . these wars had by experience made the king sensible of the smart of the lords great interest with the people , and pointed him to the pin upon which the same did hang ; to take which away , a design is contrived to advance the value of the commoners , and to level the peerage , that they both may draw in one equal yoke the chariot of prerogative . the power of the commons in publick councils was of some efficacy , but not much honour , for their meetings were tumultuary ; time brought forth a cure hereof , the flowers of the people are by election sent to be the representative , and so the lords are match'd , if not over-match'd ; the people less admiring the lords , and more regarding themselves . this was but a dazle , an eclipse ensues ; for kings having duly eyed the nature of tenure between the lords and commons , look upon it as an out-work or block-house in their way of approach : their next endeavour is therefore to gain the knighthood of england within the compass of their own fee , and so by priority to have their service , as often as need should require , by a trick in law , as well for their own safety in time of war , as for their benefit in time of peace . this was a work of a continuing nature , and commended to successors to accomplish by degrees , that the whole knighthood of england is become no more the lords till the kings be first served . and thus the power of the people is wholly devolved into the king's command ; and the lords must now stand alone , having no other foundation than the affections of the people gained by beneficence of neighbourhood and ordinary society , which commonly ingratiates the inferiour rank of men to those of higher degree , especially such of them as affect to be popular . henry the seventh found out this sore , and taught his successors the way to avoid that occasion of jealousie , by calling up such considerable men to attend the court , without other wages but fruitless hopes ; or under colour of honour to be had by kings from the presence of such great men in their great trains ; or of other service of special note to be done onely by men of so high accomplishment . and by this means lordship , once bringing therewith both authority and power unto kings , before kings grew jealous of their greatness , in these latter days is become a meer jelly ; and neither able to serve the interest of kings ( if the people should bestir themselves ) nor their own any longer . henceforth the commons of england are no mean persons , and their representative of such concernment , as if kings will have them to observe him , he must serve them with their liberties and laws : and every one the publick good of the people . no man's work is beneath , no man 's above it ; the best honour of the kings work is to be nobilis servitus , ( as antigonus said to his son ) or in plain english , supream service above all , and to the whole . i now conclude , wishing we may attain the happiness of our forefathers the ancient saxons , quilibet contentus sorte propria . a vindication of the ancient way of parliaments in england . the more words , the more faults , is a divine maxime , that hath put a stop to the publishing of this second part for some time : but observing the ordinary humour still drawing off , and passing a harsher censure upon my intentions in my first part than i expected ; i do proceed to fulfil my course , that if censure will be , it may be upon better grounds , when the whole matter is before . herein i shall once more mind , that i meddle not with the theological right of kings , or other powers , but with the civil right in fact now in hand . and because some mens pens of late have ranged into a denial of the commons ancient right in the legislative power ; and others , even to adnul the right both of lords and commons therein , resolving all such power into that one principle of a king , quicquid libet , lìcet , so making the breach much wider than at the beginning ; i shall intend my course against both . as touching the commons right , joyntly with the lords , it will be the main end of the whole ; but as touching the commons right , in competition with the lords , i will first endeavour to remove out of the way what i find pulished in a late tractate concerning that matter , and so proceed upon the whole . the subject of that discourse consisteth of three parts ; one to prove that the ancient parliaments , before the thirteenth century , consisted onely of those whom we now call the house of lords ; the other , that both the legislative and judicial power of the parliament rested wholly in them . lastly , that knights , citizens , and burgesses of parliament , or the house of commons , were not known nor heard of till punier times than these . this last will be granted , viz. that their several titles of knights , citizens , and burgesses , were not known in parliament till of latter times : nevertheless , it will be insisted upon , that the commons were then there . the second will be granted but in part , viz. that the lords had much power in parliament in point of jurisdiction , but neither the sole , nor whole . the first is absolutely denied , neither is the same proved by any one instance or pregnant ground in all that book , and therefore not clearly demonstrated by histories and records beyond contradiction , as the title-page of that book doth hold forth to the world. first , because not one instance in all that book is exclusive to the commons ; and so the whole argument of the discourse will conclude , ab authoritate negativa , which is no argument in humane testimony at all . secondly , the greatest number of instances in that book , are by him supposed to concern parliaments , or general councils of this nation , holden by the representative thereof ; whereas indeed they were either but synodical conventions for church-matters , whereunto the poor commons ( he well knoweth ) might not come , unless in danger of the canons dint ; or if they did , yet had they no other work there , than to hear , learn , and receive laws from the ecclesiasticks . and the lords themselves , though present , yet under no other notion were they , than as counsel to the king , whom they could not cast out of their council , till after-ages , though they often endeavoured it . thirdly , the author of that tractate also well knoweth , that kings usually made grants and infeodations by advice of the lords , without the aid of the parliament : and it is no less true , that kings with the lords , did in their several ages exercise ordinarily jurisdiction , in cases of distributive justice ; especially after the norman entrance : for the step was easie , from being commanders in war , to be lords in peace ; but hard to lay down that power at the foot of justice , which they had usurped in the rude times of the sword , when men labour for life rather than liberty ; and no less difficult to make a difference between their deportment in commanding of souldiers , and governing of countrymen ; till peace by continuance had reduced them to a little more sobriety . nor doth it seem irrational , that private differences between party and party , should be determined in a more private way , than to trouble the whole representative of the kingdom with matters of so mean concernment . if then those councils mentioned by the author , which concern the king's grants , and infeodations , and matters of judicature , be taken from the rest of the precedents , brought by him , to maintain the thing aimed at ; i suppose scarce one stone will be left for a foundation to such a glorying structure , as is pretended in the title-page of that book : and yet i deny not , but where such occasions have befaln , the parliament sitting , it hath closed with them , as things taken up by the way . fourthly , it may be that the author hath also observed , that all the records of antiquity passed through ( if not from ) the hands of the clergie onely ; and they might think it sufficient for them to honour their writings with the great titles of men of dignity in the church and commonwealth , omitting the commons , as not worthy of mention ; and yet they might be there then present , as it will appear they were , in some of the particular instances ensuing , to which we come now in a more punctual consideration . the first of these , by his own words , appear to be a church-mote , or synod ; it was in the year , called by the archbishop , who had no more power to summon a parliament , than the author himself hath : and the several conclusions made therein , do all shew that the people had no work there , as may appear in the several relations thereof made by matthew westminster , and sir henry spelman , an author that he makes much use of , and therefore i shall be bold to make the best use of him that i can likewise , in vindicating the truth of the point in hand : for , whatever this council was , it is the less material , seeing the same author recites a precedent of aethelbert , within six years after austin's entry into this island , which was long before this council , which bringeth on the van of all the rest of the opponents instances ; which king called a council , stiled , commune concilium tam cleri quam populi : and in the conclusion of the same , a law is made upon the like occasion , si rex populum convocaverit , &c. in both which it is evident , that in those times there were councils holden by the people , as well as by the magnates or optimates . his next instance is in the year , which is of a council holden by the great men , but no mention of the commons ; and this he will have to be a parliament , albeit , that he might have found both abbatesses , or women , and presbyters , to be members of that assembly , and ( for default of better ) attested the conclusions of the same , notwithstanding the canon , nemo militans deo , &c. but i must also mind him , that the same author reciteth a council holden by king ina , suasu omnium aldermannorum , & seniorum , & sapientum regni : and it is very probable , that all the wise men of the kingdom were not included within the lordly dignity . the third instance can have no better success , unless he will have the pope to be allowed power to call a parliament , or allow the archbishop power to do that service by the pope's command ; for by that authority this ( whatever it be ) was called , if we give credit to the relations of sir henry spelman ; who also reciteth another council within three leaves foregoing this , called by withered at barkhamstead , unto which the clergie were summoned , qui cum viris utique militaribus communi omnium assensu has leges decrevere : so as it seemeth in those times souldiers or knights were in the common councils , as well as other great men. in the next place , he bringeth in a council holden in the year , which ( if the archbishop were then therein president , as it is said , in the presence of the king ) was no parliament , but a church-mote ; and all the conclusions in the same do testifie no less , they being every one concerning ecclesiastical matters . and furthermore , before this time , the author out of whom he citeth this council , mentioneth another council holden by ina the saxon-king , in the presence of the bishops , princes , lords , earls , and all the wise old men and people of the kingdom , all of them concluding of the intermarriage between the brittons , picts , and saxons , which formerly , as it seemeth , was not allowed . and the same king by his charter , mentioned by the same penman , noteth that his endowment of the monastery of glastenbury was made , not onely in the presence of the great men , but , cumpraesentia populationis ; and he saith , that omnes confirmaverunt : which i do not mention as a work necessary to be done by the parliament , yet such an one as was holden expedient as the case then stood . forty years after , he meeteth with another council , which he supposeth to be a parliament also , but was none , unless he will allow the pope's legate power to summon a parliament . it was holden in the year ; and had he duly considered the return made by the pope's legate of the acts of that council , which is also published by the same author , he might have found , that the legate saith , that they were propounded in publick council , before the king , archbishop , and all the bishops and abbots of the kingdom , senators , dukes , or captains , and people of the land , and they all consented to keep the same . then he brings in a council holden in the year . which he would never have set down in the list of parliaments , if he had considered how improper it is to construe provinciale tenuit concilium , for a parliament ; and therefore i shall need no further to trouble the reader therewith . the two next are supposed to be but one and the same ; and it is said to be holden anno , before nine kings fifteen bishops , twenty dukes , &c. which for ought appears , may comprehend all england and scotland ; and is no parliament of one nation , but a party of some nations , for some great matter , no doubt , yet nothing in particular mentioned , but the solemn laying the foundation of the monastery of saint albans . what manner of council the next was , appeareth not , and therefore nothing can be concluded therefrom , but that it was holden in the year . that council which is next produced , and in the year , and is called in great letters , concilium provinciale , which he cannot grammatically construe to be a parliament ; yet in the preface it is said , that there were viri cujuscunque dignitatis : and the king in his letters to the pope , saith concerning it , visum est cunctis gentis nostrae sapientibus ; so as it seemeth by this , and other examples of this nature , that though the church-motes invented the particular conclusions , yet it was left to the wittagenmote to judge and conclude them . there can be no question , but the next three precedents brought by the opponent were all of them church-mates : for the first of them , which is said to be holden in the year , is called a synod , and both priests and deacons were there present , which are no members of parliament , consisting onely of the house of lords ; and they all of them did pariter tractare de necessariis & utilitatibus ecclesiarum . the second of them is called a synodal council , holden anno , and yet there were then present omnium dignitatum optimates ; which cannot be understood onely of those of the house of lords , because they ought all to be personally present , and therefore there is no optimacy amongst them . the last of these three is called synodale conciliabulum , a petty synod , in great letters : and besides , there were with the bishops and abbots many wise men ; and in all these respects it cannot be a parliament onely of the great lords . the next council , said to be holden in the year , cannot also be called properly a parliament , but onely a consultation between two kings and their council , to prevent the invasion of the danes ; and the attests of the kings chaplain and his scribe , do shew also that they were not all members of the house of lords . the council cited by the opponent in the next place , was holden anno , being onely in nature of a council for law , or judicature , to determine the validity of the king 's grant made to the church of canterbury ; which is no proper work for a parliament , unless it befal during the sitting of the same . the next is but a bare title of a council , supposed to be holden anno , and not worth its room ; for it neither sheweth whether any thing was concluded , nor what the conclusions were . the work of the next council , alleadged to be holden anno , was to confirm the charter of the monastery of croyland , and to determine concerning affairs belonging to the mercians ; and if it had been a parliament for that people , it might be worthy of enquiry how regularly the archbishop of canterbury , and the bishop of london , and the embassadors from the west-saxons , could sit amongst them , and attest the conclusions therein made , as well as the proper members of that nation . he cometh in the next place to a council holden in the year , which is more likely to be a parliament than most of them formerly mentioned , if the tithes of all england were therein given to the church ; but hereof i have set down my opinion in the former part of the discourse . and though it be true , that no knights and burgesses are therein mentioned , as the opponent observeth out of the title ; yet if the body of the laws be duly considered , towards the conclusion thereof it will appear , that there was present fidelium infinita multitudo , qui omnes regium chirographum laudaverunt , dignitates verò sua nomina subscripserunt . and yet the wittagenmotes in these times began to be rare , being continually interrupted by the invasions of the danes . the three next councils , alleadged to be in the years , , . were doubtless of inferiour value , as the matters therein concluded were of inferiour regard , being such as concern the passing of the kings grants , infeodations and confirmations . the council mentioned to be in the year , is supposed to be one and the same with the next foregoing , by sir henry spelman ; which calls it self a general council , not by reason of the general confluence of the lords and laity , but because all the bishops of england did then meet . the primi and primates were there ; who these were , is not mentioned , but it is evident that the king of scots was there , and that both he and divers that are called ministri regis , attested the conclusions . it will be difficult to make out how these should be members of the house of lords , and more difficult to shew a reason why in the attesting of the acts of these councils , which the opponent calls parliaments , we find so few of the laity , that scarce twelve are mentioned in any one of them , and those to descend so low as the ministri regis , to make up the number . five more of these instances remain , before the coming of the normans . the first of which was in the year , and in a time when no parliament , according to the opponents principles , could sit ; for it was an inter-regnum . the two next were onely synods to determine the difference between the regulars and the seculars , in the king's absence , by reason that he was under age ; and they are said to be in the year , and . but it is not within the compass of my matter to debate their dates . the last two were meetings or courts for judicature , to determine the crime of treason ; which every one knows is determinable by inferiour courts before the high steward of judges , and therefore not so peculiar to a parliament , as to be made an argument of its existence . and thus are we at an end of all the instances brought by the opponent to prove that parliaments before the norman times consisted of those whom we now call the house of lords . all which i shall shut up with two other notes taken out of the book of councils , published by sir henry spelman . the first of which concerneth a grant made by canutus , of an exemption to the abbey of bury saint edmunds , in a council wherein were present archbishops , bishops , abbots , dukes , earls . cum quamplurimis gregariis militibus , cum populi multitudine copiosa votis regi●s unanimiter consentientes . the other taken out of the confessor's laws , which tell us , that tythes were granted to the church , a rege , baronibus , & populo . and thus i shall leave these testimonies to debate with one another , whilst the reader may judge as seemeth most equal to himself . being thus come to the norman times , and those ensuing ; i shall more summarily proceed with the particulars concerning them , because they were times of force , and can give little or no evidence against the customs rightly setled in the saxon times , which i have more particularly insisted upon , that the original constitution of this government may the better appear . now for the more speedy manifesting of the truth in the particulars following , i shall pre-advise the reader in three particulars . first , that the church-motes grew more in power and honour by the aid of the normans law , refusing the concurrence and personal presence of kings , whom at length they excluded from their councils with all his nobles ; and therefore it is the less wonder , if we hear but little of the commons joyning with them . secondly , that the norman way of government grew more aristocratical than the saxon , making the lords the chief instruments of keeping kings above , and people underneath ; and thus we meet with much noise of meetings between the king and lords , and little concerning the grand meetings of the kings , and the representative of the people ; although some foot-steps we find even of them also . for the kings were mistaken in the lords , who meaned nothing less than to serve them with the peoples liberties , together with their own , which they saw wrapped up in the gross . thirdly , by this means the councils of the king and lords grew potent , not onely for advice in particular occasions , but in matters of judicature , and declaring of law , ordering of process in courts of pleas ; which in the first framing were the works of the wise and learned men , but being once setled , become part of the liberties of every freeman . and it is not to be doubted but these councils of lords did outreach into things too great for them to manage , and kept the commons out of possession of their right , during the present heat of their ruffling condition ; yet all this while could not take absolute possession of their legislative power . i now come to the remainder of the particular instances produced by the opponent , which i shall reduce into several categories , for the more clear satisfaction to the reader , with less tediousness . first , it cannot be denied but the council of lords gave advice to kings in cases of particular emergency ; nor is it incongruous to the course of government , even to this day ; nor is it meet that the parliament should be troubled with every such occasion : and therefore the giving of advice to william the conquerour , what course he should take to settle the laws of england according to the instances in councils holden an. , and . and to gain favour of the great men , according to that in anno . and in the manner of endowment of the abbey of battel , as in pag. of the opponents discourse : and what to do upon the reading of the pope's letter , according to that in anno . and whether the pope's legate should be admitted , as in pag. . and how king stephen and henry shall come to an agreement , as anno . and how to execute laws by judges and justices itinerant , as anno . and touching the manner of ingaging for a voyage by croisado to jerusalem , anno . and to give answer to embassadors of a foreign prince , pag. . and how king john shall conclude peace with the pope , anno . where nevertheless , matth. paris saith , was turba multa nimis . i say , all these might well be done by a council of lords , and not in any posture of a parliament ; albeit that in none of all these doth any thing appear , but that the commons might be present in every one , or many of them all . secondly , as touching judicature , the lords had much power therein , even in the saxon times , having better opportunities for knowledge and learning , especially joyned with the clergie , than the commons in those times of deep darkness , wherein even the clergie wanted not their share , as in the first part of the discourse i have already observed . whatsoever then might be done by judges in ordinary courts of judicature , is inferiour to the regard of the parliament ; and therefore the plea between the archbishop and ethelstan concerning land , instanced anno . and between lanfrank and odo , anno . and between the king and anselme , pag. , . and the determining of the treason of john ( afterwards king ) against his lord king richard , pag. . and the difference concerning the title of a barony between mowbray and scotvile , pag. . and giving of security of good behaviour by william brawse to king john , pag. . all these might well be determined onely before the lords , and yet the parliament might be then sitting or not sitting ; as the contrary to either doth not appear , and therefore can these form no demonstrative ground to prove that the parliament consisted in those times , onely of such as we now call the house of lords . a third work whereby the opponent would prove the parliament to consist onely of the house of lords , is , because he findeth many things by them concluded touching the solemnization , and the setling of the succession of kings ; both which , he saith , were done by the lords in parliament , or those of that house ; and i shall crave leave to conclude the contrary : for neither is the election , or solemnization of such election , a proper work of the parliament , according to the opponents principles ; nor can they prove such conventions wherein they were to be , parliaments . not the election of kings , for then may a parliament be without a king ; and therefore that instance concerning william rufus , pag. will fail , or the opponents principles , who will have no parliament without a king. the like may also be said of the instance concerning king steven , pag. . much less can the solemnization of the election by coronation be a proper work for the parliament : nevertheless , the opponent doth well know that both the election of a king , and the solemnization of such election by coronation , are spiritless motions without the presence of the people ; and therefore though his instance , pag. , concerning the election of henry the first by the bishops and princes , may seem to be restrictive as to them , yet it is not such in fact ; if matthew paris may be believed , who telleth us , that in the conventus omnium was clerus and populus universus , and might have been noted by the opponent out of that learned antiquary so often by him cited , if he had pleased to take notice of such matters . a fourth sort of instances concerneth matters ecclesiastical , and making of canons ; and hereof enough hath been already said , that such work was absolutely challenged by the church-motes as their proper work ; and therefore the instance , pag. , . of the council in henry the first 's time , and the canons made by the bishops there ; and that other called by theobald archbishop of canterbury , and instanced by the opponent , pag. . i say , both these do fail in the conclusion propounded . fifthly , as touching the most proper work of parliament , which is the making of laws concerning the liberties and benefit of the people ; the opponent produceth not one instance concerning the same , which doth not conclude contrary to the proposal ; for as touching those two instances in his thirteenth page , anno , they concern not the making of laws , but the reviving of such as had been disused formerly ; which might well enough be done by a private council . but as to that in his fifteenth page , of the law made by the conquerour concerning remigius bishop of lincoln , although it be true , that we find not the particular titles of knights , citizens , and burgesses , ●yet besides the council of archbishops , bishops , and princes , we find the common council ; for so the words are , communi concilio , & concilio archiepiscoporum , episcoporum , abatum , & omnium principum ; although the opponent would seem to wave these words , et concilio , by putting them in a small character , and the rest in great letters , that the readers eyes might be silled with them , and overlook the other . secondly , as to the instance of the council at clarindon , in his nineteenth page , which he citeth out of matthew paris , matthew westminster , and hoveden , although he pleaseth to mention the several ranks of great men , and those in black letters of a greater size ; and saith , that not one commoner appears ; yet mr. selden's hoveden , in that very place so often by the opponent cited , tells him , that both clerus and populus were there . thirdly , the opponent citeth an instance of laws made by richard the first , in his twenty fourth page ; and he setteth down the several ranks of great men , and amongst the rest , ingeniously mentioneth milites ; but it is with a gloss of his own , that they were barons that were made knights , whenas formerly barons were mentioned in the general ; and therefore how proper this gloss is , let others judge ; especially seeing that not onely milites , and milites gregarii , but even ministri , were present in such conventions , even in the saxon times : and mr. selden in the former known place mentioneth an observation , that vniversi personae qui de rege tenent in capite , sicut caeteri barones debent interesse judiciis curiae domini regis cum baronibus . fourthly , he citeth in his twenty fifth page another instance in king john's time , in which , after the assent of earls and barons , the words et omnium fidelium nostrorum are also annexed , but with this conceit of the oponents , that these fideles were those that adhered to the king against his enemies : be it so , for then the commons were present , and did assent ; or they may be , saith he , some specially summoned as assistants ; take that also , and then all the true-hearted in the kingdom were specially summoned , and were there ; so as the conclusion will be the same . in the fifth place , he cited a strange precedent ( as he calls it ) of a writ of summons in king john's time , in his twenty seventh page , wherein omnes milites were summoned , cum armis suis ; and he concludes therefore the same was a council of war. first , because they were to come armed . it is very true ; and so they did unto the councils in the ancient saxon times , and so the knights of the counties ought to do in these days , if they obey the writ , duos milites gladiis cinctos , &c. secondly , he saith , that the knights were not to come to council . that is his opinion ; yet the writ speaks , that the discreti milites were to come , ad loquendum cum rege de negotiis regni : it is true , saith he , but not ad tractandum , & faciendum , & consentiendum . it is true , it is not so said , nor is it excluded ; and were it so , yet the opponents conclusion will not thence arise , that none but the king , and those who are of the house of lords , were there present . the sixth and last instance mentioned by the opponent , is in his thirtieth page , and concerneth escuage granted to king john , who by his charter granted , that in such cases he would summon archbishops , bishops , abbots , earls , and the greater barons , unto such conventions by special writs ; and that the sheriff shall summon promiscuously all others which hold in capite : and thence he concludes , that none but the great lords , and the tenants in capite ( whom he calls the lesser barons ) were present ; but no knights , citizens , or burgesses : all which being granted , yet in full parliament the citizens and burgesses might be there . for councils were called of such persons as suited to the matter to be debated upon . if for matters purely ecclesiastical , the king and his council of lords , and the church-men , made up the council . if for advice in emergencies , the king and such lords as were next at hand determined the conclusions . if for escuage , the king and such as were to pay escuage , made up a council to ascertain the sum , which was otherwise uncertain . if for matters that concerned the common liberty , all sorts were present , as may appear out of the very charter of king john , noted in my former discourse , page . and also from an observation of cambden concerning henry the third , ad summum honorem pertinet , ( said he ) ex quo rex henricus tertius , ex tanta multitudine quae seditiosa ac turbulentia fuit , optimos quosque ad comitia parliamentaria evocaverit . secondly , the opponent takes that for granted that never will be , viz. that all the kings tenants in capite were of the house of lords ; whenas himself acknowledgeth a difference , page . viz. that the barons are summoned by writs , sigillatim , as all the members of the house of lords are ; but these are by general summons , their number great ; and hard it will be to understand , how , or when , they came to be excluded from that society . i shall insist no further upon the particulars of this tractate , but demur upon the whole matter , and leave it to judgement upon the premises , which might have been much better reduced to the main conclusion , if the opponent , in the first place , had defined the word parliament : for it was a convention without the people , and sometimes without the king , as in the cases formerly mentioned , of the elections of william rufus , and of king stephen . and if sometimes a parliament of lords onely may be against the king , and so without king or people , as in the case between stephen and maud the empress ; and the case likewise concerning king john , both which also were formerly mentioned ; all this is no more to the government , than it would be , should at any time the commons hold a parliament without a king or house of lords : and then all the opponents labour is to little purpose . a table to the second part. a a betting of felony made felony page administration granted to the next of the kindred admirals power from the parliament . formerly under many , brought into one . once gained jurisdiction to the high-water-mark . and his power regulated by law ibid. over sea-men , ports , and ships ibid. allegiance according to law . vide supremacy , the nature thereof in general . it is not natural ibid. . not absolute or indefinite . not to the king in his natural capacity . it obligeth not the people to serve in forein war . it is due to the person of the king for the time being , . what it is in time of war , and relation thereunto . henry the seventh , and henry the eighth endeavoured to advance it in relation to the crown , but effected it not . appeals in cases ecclesiastical restrained from rome , and given in the kings case to the convocation , and in the cases of the people , the archbishop afterwards to the delegates , and were never setled in the crown , . vide archbishop . archbishop hath the lawful power of the pope in appeals and dispensations , licenses , and faculties . the archbishop of york loseth his jurisdiction over the scotish bishops arrays , commission of array vide war. assent of the king to acts of parliament , serveth onely to the execution of the law , and not to the making thereof association of the people for the common safety , before the statute enabling the same . b. bastardy , not to be determined by the ordinary , before summons to the pretenders of title to be heard bench , the kings bench at westminster abated in power by the commissions of oyer and terminer , and goal-delivery , benevolence , first used by edward the fourth . taken away by richard the third ibid. taken up again by henry the seventh bishops , not impeachable before the civil magistrate . their temporalties to be neither seized nor wasted in the vacancy . vide ordinary buggery made felony . c. canons , their power anciently in debate . such as are not according to the law are taken away castles and goals restored to the country . vide forts and fortifications . chancery , once an office , afterwards a court . the power grows by act of parliament , . the manner of the proceedings . keeper of the great seal increaseth in power chancellour elected by the parliament cheshire made a principality children carried into cloisters remedied clergie , priviledgea from arrests . discharged of purveyance and free quarter ibid. their temporalties in question . the commons love not their persons . their first declining from rome in the matter of provisors . they gain free process in matters ecclesiastical . their defection from rome , and submission to the crown clergie upon trial but once allowed . in some cases disallowed , . commissioners ecclesiastical . high commission ibid. conjuration , vide witchcraft conservators of the truce constables court , vide marshals court convocation established by parliament . it then undertook great matters , but much more after the clergies forsaking the pope councils , the privy council ordered by parliament , , . of use for sudden motions . their oaths . and jurisdictions . and power magnum concilium , or the grand council of lords crown entitled not by descent , . but intailed . vide . womanhood . coverture custos regni , a formality of state under the parliaments order . many times conferred upon children . and upon a woman . d. delegates , though named by the king , yet by authority of the parliament defender of the faith dispensations , licenses , and faculties , never in the crown , but by the parliament givent to the archbishop under limitations , duels , ordered by the marshal as subservient to the common law . e. edward the third his reign . his title upon entry by election ibid. edward the fourth his reign , though had title of inheritance , yet entred by election edward the fifth approached the crown by inheritance , but never put it on edward the sixth his reign , his title and possession did meet , though he was a child , and his sister mary grown in age ecclesiastical power , vide prelacy and prelates elizabeth queen her reign . her title by election englishire taken away episcopacy , vide prelates and prelacy errors , vide heresie exchange ordered by the statute excommunication . the writ de excommunicato capiendo ordered . vide parliament exportation . f. false news punished felony by riding in armed troops , , , , first-fruits regulated . taken away from rome forcible entries forts , fortifications and castles ordered by parliament , . g. goal-delivery by the judges of the benches , . vide judges goals regulated , guard for the kings person , brought in by henry the seventh gypsies made felons h. henry the fourth his reign , doubtful in his title , but rested upon election , chosen by parliament sitting when there was no king , &c. henry the fifth his reign , his title by an intail by the parliament , &c. henry the sixth his reign , his title by the intail last mentioned ; though a child , he is admitted to the crown , &c. henry the seventh first setled a constant guard ; his sixfold right to the crown , and his gaining prerogative in the persons and estates of the people ibid. , &c. henry the eighth his natural endowments , &c. his power in the matters ecclesiastical , &c. in temporals , &c. heresie and errour in doctrine under the cognizance of the civil magistrate , . not punishable by death by law till henry the eighths time , . the writ de heretico comburendo hath no legal ground in any of those former times , , , , honours , vide parliament hospitals , visited by the pelacy . i. importation judges of assizes , jurisdiction ecclesiastical not originally in the prelacy , nor absolutely justices of the peace , their residency and quality , their number various , their work also , . one justice . and the setling of their session ibid. their power to take bail . k. kings , vide parliament , allegiance , supremacy , militia . l. labourers , their work and wages . ordered by the justices of the peace lancaster , the princes of that house friends to the clergie in policy laws made by the successors of henry the ▪ eighth , during their minority annulled . ecclesiastical laws , vide parliament lieges by birth , though not born within the allegiance of england liveries and tokens inhibited to the lords , . and limited in the kings person ibid. means of jealousie between the king and his people libels in the spiritual court to be delivered in copies upon demand licenses , vide dispensations lords , their power and jurisdiction in the parliament . in council , lunacy , no impediment in trial of treason . m. mary queen , her reign . her title by election . she prejudiced her supremacy by marriage marque and reprisal martials court matrimonial causes after the reformation by henry the eight , in the cognizance of the clerge by leave militia , , , . vide war. mint , . vide parliament monasteries dissolved . maintained by henry the fourth money out of england to rome stopped . n. navy royal , as forts for the publick safety , maintained at the publick charge nisi prius non-residency noble ladies trial . o. oyer & terminer , ordinary not to be questioned in the civil courts for things under ecclesiastical jurisdiction , . hath cognizance of vsury . of avoidances , bigamy and bastardy . grant administration . visit hospitals , and call executors to account . hath power to fine and imprison , . to keep courts , but the authority doubtful . have cognizance of the heresie , . matrimony , non-residence ibid. in queen elizabeth's time their jurisdiction left in doubt , &c. oath ex officio first brought in by the church-men in matters ecclesiastical . afterwards by the parliament into the star-chamber , in cases criminal . p. pardon of crimes not absolutely in the king parliament without the king consisting of three states . without the clergie parliaments power in ordering of the crown , , . in ordering the king's person by protectors . vide protector in ordering their children in ordering their family , . in ordering their revenues , , . in ordering their council in the militia : vide militia and war. in conferring places of honour and trust , in ordering the mint : vide mint . in making ecclesiastical laws . concerning church-government , &c. , . concerning doctrine , , , &c. concerning worship concerning church-censures in granting licenses and dispensations in final appeals in ordering it self , in judicature , parliament not inconstant , though mutable peace , justices and their sessions , &c. , &c. , &c. , &c. penal laws executed to get money , pleadings in english pope's power in england abated , &c. vide ordinary , supremacy , archbishop prelacy not favoured by the canon . their power since the time of queen mary . their dignity and power distinguished , priests wages , praemunire and provisors , , &c. proclamations made equal to laws . altered protectors , variety of them makes a doubtful government , , purveyance regulated , r. ravishment consented to , forfeits joynture request court established by cardinal wolsey richard the second his reign . endeavours to over-rule the parliament , but failed in the conclusion richard the third's reign . his title by vsurpation and murther ibid. riots . s. sanctuaries changed into fewer priviledged places servants imbezelling , felony ibid. sheriffs courts regulated . election of sheriffs . farm of the county . continuance in service ibid. extortion ibid. souldiers , vide war. staple , &c. star-chamber , &c. stealers of men and women felony supremacy , supream head . certainly not absolute or arbitrary power , nor a legislative power , &c. supream governour . in causes ecclesiastical ibid. &c. in temporal ibid. t. tenths , and first-fruits torniament tunnage and poundage trade , treason , &c. by thoughts , by marriage , and counterfeiture , . tried where the king will . petty treason . w. wales subdued by henry the fourth . vnited to the english crown by henry the eighth war by advice of parliament , . levying of men , , , . jurati & obligati ad arma , taken away . arming of men ibid. . conduct to their rendezvouz . running from their colours ibid. , . plunder satisfied . their pay , , . offensive and defensive watches enquired into by justices of the peace wickliff wills probate witchcraft made felony , . finis . notes, typically marginal, from the original text notes for div a -e caes. com . lib. . tacit. anal. . amian . lib. . caes. com . lib. . tacit. caes. com . lib. . lib. . hieron . caes. com . . isa. . . . . . . . . tertul. adv . judaeos . platina de vit . eleuthe . bed● l. . c. . origen . hom . . ezek. psal. . . tacit. vit. agric. tacit. vit . agric. m. westm. an . . m. westm. an . . cic attic. . concil . brit. . m. westm. an. . beda . lib. . cap. . concil . brit. p. , , . concil . brit. gildas . amian . l. . zossimus hist ▪ lib. . amian . lib. . . suffrid . petrus fris. antiquit . lib. . cap. . caes. com. histor. germ. plutarch . vit . solon . & lycurg . albinus sax. . xenophon . tacit. emius . avent . anal. bowr . . . beuter . in tac. amian . naucler . . greg. epist. lib. . epist. . bed. hist. lib. . cap. . bed. hist. lib. . cap. . lib. . cap. . bed. hist. lib. . cap. . lib. . cap. . greg. epist. l. . epist. . . concil . brit. . bed. hist. lib. . cap. . bed. hist. lib. . cap. . greg. epist. lib. epist. . thes. . bed. hist. lib. . cap. . concil brit. fol. . tacit. mor. serm. greg. epist. ad eulog . concil . brit. p. . an. . mag. cent . cap. . concil . brit. p. . an. . ant. brit. p. . malmsb. lib. . cap. . ant. brit. p. . ant. brit. concil . brit . ant. brit. . ibid. . concil . brit. , , . mag. cent. . cap. . bed. hist. lib. . cap. . concil brit. . an. . ibid. . an. . conc. . gen . constant. can . . mag. cent . . cap . concil . brit. . an. . ll. sax. cap. . an. aetheist . cap. . concil . brit ▪ concil . brit. p. . an. . concil . brit. p. . concil . brit. p. . ll. aethe●st . . ibid. . concil . brit. p. . ll. aethel . c. . ll. canut . c. . mag. cent . ▪ cap. . deacons . sub-deacons . acolites . exorcists . concil . brit. p. . lecturers . ostiaries . concil . brit. . an. . m. paris in vit . eadrick . abb. an. . concil . brit. . ll. aetheld . . first-fruits concil . brit. p. . an. . concil . brit. p. . tythes . concil . brit. p. . an. . concil . brit. . ingulfus . gest. pontif . lib. . cap. . an. . concil . brit. p. . an. . ibid. . an. . luminaries . concil . brit. p. . ibid. . an. . plough-alms . an. . an. . soul-shot . concil . brit. p. . an. . glebe . concil . brit. . an. . peter-pence . concil . brit. p. . an. . concil . brit. p. . an. . ibid. . an. ibid. . . vit. offae . . concil . brit. p. . . concil . brit. p. . fox mary● . p. . brit. ant. p. . malms . gest . reg. lib. . c. . bed. hist. lib. . cap. . malmsb. loco citat . vit. offae . malmsb. concil . brit. . antiq. brit. antiq. brit. p. . m. westm. an. . ll. edw. conf . cap. . lindwood . l. . de constit . c. . malmesh . gest . pontif . lib. . fo . . baronius an. . malmesb. gest . pontif . lib. . p. . an. . concil . brit. p. . . & . ibid. . , . concil . brit. . , . m. westm. an. . . concil . brit. . ibid. . ibid. . . concil . brit. p. . mag. cent . . cap. . heresie . an. . beda . hist. l. . blasphemy . concil . brit. p. . an. . apostacy . an. . concil . brit. . ibid. . false worship . canon . apost . cap. . bed. hist. lib. . cap. . mag. cent. . cap. . concil . brit. p. . tacit. mor. germ. concil . brit. . an. . ibid. . ibid. . an. . perjury . ll. sax. fol. . an. , . sacriledge . concil . brit. p. . an. . ibid. . simony . concil . brit. . matrimonial causes . beda hist. l. . cap. . concil . brit. . concil . brit. p. . an. . bastardy . incest . concil . brit. p. . an. . adultery . fornication . concil . brit. p. . tythes . synod durien . cap. . an. . rabban . epist. ad hadubrand concil . brit. p. . concil . brit. p. . an. . malmesb. gest . pontif . lib. . an. . bonis . epist. ad cutbertum . an. . concil . brit. p . concil . brit. p. , & . an. . cantab. . , . witik in gest . saxon. lib. . m. westm. an. . m. westm. an. , . tacit. cragius . mag. cent . . cap. . an. . tacitus . tacitus concil . brit. p. . ll. inae . lamb. miror cap. . sect. . wigorn. an. . tacitus . ll. sax. ed. cap. . m. westm. an. . . wigorn. an. . concil . brit. . tacitus . tacitus . mir. . . ll. edw. c. . malmesb. gest . pontif . lib. . gest . reg. lib. cap. . m. paris an. . concil . brit. p. . an. . can●● . cap. . ll. edw. cap. . nitard . lib. . tacitus . tacitus . tacitus . miror . cap. . sec. . concil . brit. p. . m. westm. an. . caes. com. lib. . tacitus . lamb. in . fol. . tacitus . tacitus . tacitus . malmesb. gest . reg. lib. . cap. . lib. . an. . tacitus . tacitus . concil . brit. . ll. sax. lamb. cantab. fol. . ibid. fol. . ibid. fol. . concil . brit. p. . ll. lamb. cantab. fol. . ll. edw. lamb. cant. fol. . antiq. brit. p. . concil . brit. . ibid. . ibid. . cap. . sec. . sec. . cap. . sec. . tacitus . plut. lycurg . thucyd. lib. . de lacedem . tacitus . an. . concil . brit. p. . ll canut . p. . cap. . ll. ed. cap. . ll. sax. lamb. p. . concil . brit. . ingulfus . mag. cent . . cap. . an. . concil . brit. p. . an. . tacitus . ll. ed. cap. . tacitus . ll. sax. lamb. cantab. . concil . brit. p. . an. . tacitus . ll. ed. cap. . ll. canut . c. . seld. tit. hon. m. westm. an. . sheriffs . ll. edw. c. . coroners . miror . cap. . sect. . miror . p. . fitz n. br. , . folkmote , or county-court . miror . p. . ll. canut . miror . cap. . sec. . miror . cap. . sec. . ll. canut . ll. edgar . concil . brit. p. . tit . . ll. edw. cap. . ll. edw. cap. . ll. edw. cap. . sheriffs torne . miror . cap. . sec. . ll. edgar . cap. . ll. edw. cap. . ll. canut . p. . cap. . tacitus . cluer . lib. . cap. . malmesb. reg. gest . p. . ll. alured . cap. . ll. edw. . ll. aetheldr . . ll. aethelst . ll. edw. cap. . ll. aetheldr . cap. . lindenbrog . ll. allem . & saxon. concil . brit. p. . tacitus . glossar . . ll. canut . c. . ll. edw. cap. . ll. canut . c. . ll. alured . cap. . ll. canut . p. . cap. . ll. edw. c. . concil . brit. p. . ll. edw. conf. ll. edw. cap. . ll. aetheld . cap. . miror . cap. . sec. . miror . cap. . infangtheoff . ll. edw. cap. . outfangtheoff . bracton . lib. . tract . . cap. . briton . cap. . ll. edw. cap. . miror . cap. . sec. . bracton . fol. . fleta . lib. . cap. . ingulfus croyl . gloss. . . ll. saxon. , . lamb. gloss. . ll. canut . p. . cap. . knight-service . tacitus . selden . spicil . co. litlet . . bureus . soccage tenure . tacitus . co. litlet . fol. . ll. edw. c. . spiceleg . ll. edw. c. . court-leet . miror . p. . lind. gloss . albin . hist. saxon. p. . f. n. br. . view of frank-pledge . miror . cap. ● . sec. . court-baron . co. instit. cap. . ll. edw. selden . spicil . . cap. . tacitus . ll. canut . c. . miror . cap. . sec. . markets . ll. edw. cap. . ll. aethelst . cap. . ll. aethelst . cap. . gloss. ll. canut . c. . glanvil . lib. . cap. , , . ll. edw. c. . miror . cap. . sec. . & cap. . sec. . indictment . lambert . ll. inae . . ll. inae . lam. fol. . ll. alured . c. . miror . c. . sec. . ll edw. cap. . miror . p. . gloss. . miror . cap. . sec. . & . ll. edw. cap. . ll. canut . c. . miror . cap. . sec. . appeal . miror . cap. . sec. . miror . cap. . sec. . presentment . miror . cap. . sec. . action . ll. etheldr . cap. . ll. canu● . c. lindenbr . tit . . ll. edgar . c. . miror . cap. . sec. . miror cap. . sect. . lindenb . gloss . miror . cap. . sect. . torture . miror . cap. . sec. . cragius . ordeale . an. . an. . ll. aethelst . can. . an. . isa. . . spicil . selden . compurgators . ll. edm. c. . an. . ll canut . cap. . battle . miror . cap. . sect. . inquest . emmius . an. . ll. sax. lamb. miror . cap. . sec. . two juries . miror . cap. . sec. . miror . cap. . sec. . medietas linguae . ll. aetheldred cap. . lamb. peers . ll. alured . concil . brit. fol. . . ass . pl. . ll. inae . ll. canut . ll. inae . cap. . tacitus . ll. edw. ll. alured . c. . miror . cap. . sec. . concil . brit. , , , . the first commandment . witchery . ll. sax. cap. . the second commandment . concil . brit. . concil . brit. . ll. canut . c. . the third commandment . cent. . cap. . de leg . the fourth commandment . tacitus . concil . brit. , . ibid. , , , , . the fifth commandment . tacitus . treason . miror cap. . sec. . miror cap. . sec. . ll. edw. c. . concil . aenham . . the sixth commandment . man-slaughter . sax. lamb. sol . , . miror . cap. . sec. . li. alured . sax. praesace lamb. glossar . p. . ll. canut . cap. . tacitus . englishire . stams . lib. . cap. . miror . cap. . sec. . bracton lib. . tract . . ca. . breach of peace . batteries . maimes . imprisonments . alured . praef . lam. . ll. edw. c. . ll. sax. ca. . ll. inae . cap. . the seventh commandment . baron . annal. . num . . concil . brit. . ll. canut . . reg . . incest . ll. sax. . reg . . the eighth commandment . lind. ll. aug. & sax. ll. sax. . reg . . miror . . burning of woods . burglary . ll. ed. cap. . ll. canut . p. . trespasses . ll. sax. ca. . ll. inae . . . ibid. c. . ll. sax. c. . miror . p. . the ninth commandment . ll. aethelst . c. . ll. canut . c. . spec. sax. l. . art . . ll. edw. c. . miror . cap. . sec. . inheritance . dower . plut. vit . solon . apotheg . lacon . ll sax. lamb. edm. fol. . ll. sax. . reg. . ll. sax. lamb. fol. . ll. inae . ca. . ll. ed. lamb. cap. . ll. sax. . reg. . curtesie of england . ll. alm. tit . . lindenbr . cod . estate tail . ll. ang. tit . . lindenbr . ll. sax. tit . . ibid. concil . brit. . ll. alured . sax. c. . plo. com . . borough-english . gavel-kind . stephan . dan. bureus . suel . emmius grec . conveyances in writing . ll. sax. cap. . habendum . vse . warranty . ll. inae . c. . ll. sax. c. . ll edw. c. . signed . sealed . concil . brit. p. . witnesses . acknowledgment . livery and seisin . cragius . concil . brit. . concil brit. . last will. m. westm. an. . malmsb. gest . reg. l. . c. . goods . f. n. br. . miror . cap. . sec. . ll. sax. cap. . concil . brit. . miror cap. . sect. tacitus . spicileg . m. paris . . ant. brit. eccles. . m. paris . . hist. vit . eadm . ● hoveden . eadmer . hist. l. . p. . m. paris . vit . gulielm . malmsb. l. . fol. . wigorn. an. . glossar . ll. gul. spicil . . ll. gul. spicil . . m. paris an. , . stat. . e. . ll. gulielm . spicil . . william rufus . eadmer . hist. wigorn. m. paris . m. paris . an. . henry first . math. . eadmer . speed. math. paris . spicileg . p. . spicil . . fox . mart. l. . ll. gulielm . c. . spicil . antiq. brit. fol. . baron . annal. an. . ll. gulielm . c. . bede hist. l. . c. . ll. edw. c. . spicil . . fox . mart. l. . spicil . . baron . annal. an. . eadmer . hist. l. . p. . eadmer . hist. p. . & . spicil . . epist. ad pascal . p. p. conten . wigorn. an. . ll. gulielm . c. . spicil . . eadmer . hist. p. . ll. h. . cap. . eadmer . hist. l. . p. . & l. . & l. . eadmer . hist. l. . & l. . wigorn. an. . spicil . . eadm . l. . p. , . spicil . . ll. hen. . ● . greg. epist. l. . eadmer . hist. l. . p. . county-courts . e●dmer . hist. l. . p. . ll. hen. . c. . ll. gulielm . cap. , & . ll. gulielm . cap. . ibid. c. . ll. hen. . c. . spicil . ● . stigand . hundred-court . ll. hen. . c. ●● ll. gulielm . cap. . ll. hen. . c. . ll. gulielm . cap. . ll. guliem . cap. . ll. hen. . c. . ll. hen. . c. ● . courts of towns and mannors . ll. hen. , c. . decenners . ll. gulielm . cap. . ll. hen. . c. . ll. gulielm . cap. . statutum est eis & illis à nobii datum & concessum per commune concilium totius regni nostri . ll. gulielm . c. , & . gloss. . camb. brit. norsf . ll. gulielm . c. . ll. aethelst c. ll. aetheldr . c. . ll. hen. . ll. gulielm . c. . & . ll. gulielm . cap. . ll. gulielm . . first and second commandments . ll. gulielm . cap. . ll. hen. . c. . ll. gulielm . . . &c. . ll. hen. . c. . . ll. gulielm . cap. . . commandement . ll. hen. . c. . commandement . ll. gulielm . cap. . ibid. miror . . ll. gulielm . c. . , , , &c. ll. gulielm . cap. . ll. hen. . c. . ll. gulielm . cap. . ll. gulielm . cap. . ll. gulielm . cap. . ll. gulielm . cap. . ll. hen. . c. . . commandement . ll. gulielm . cap. . ll. hen. . c. . ll. gul. c. . . commandement . ll. gulielm . cap. . glanv . l. . c. . hovedon . . commandement . ll. gulielm . c. . ll. h●n . . c. . ll. gulielm . cap. . ll. gulielm . c. . ll. gulielm . c. . ll. gulielm . c. . ibid. c. . ll. gulielm . c. . ll. gulielm . c. . ll. hen. . . relief . m. paris . an. . & . ll. gulielm . c. ● ▪ ibid. c. . ibid. c. . ll. gulielm . c. . marriage . dower . lindenburg . concil . aenham . c. . ll. edm. miror . fol. . cap. . wardship . m. paris . ll. canut . . asser. menev. cap. . acquittal . ll. hen. . c. . ll. hen. . m. paris . miror . fol. . miror . fol. . miror . fol. . ll. hen. . c. . miror . cap. . sec. . ll. gulielm . c. . ll. gulielm . cap. . ll. hen. . c. . ll. gulielm . cap. . ll. hen. . c , . m. west . an. . ll. gulielm . cap. . hovedon l. . ingulfus . gloss. . lib. . cap. . littlet . ingulfus . m. paris . fragm . gulielm . hoveden . steven . henry d . hoveden . . richard the first . m. paris . john. m. paris . an. . hoveden . . . nubr . lib. . cap. . hoveden . an. . ibid. m. paris . an. . constit. at clarindon . cap. . cap. . cap. . cap. . cap. . constit. at clarindon . constit. at clarindon . cap. . constit. at clarindon . cap. . m. paris . cap. . constit. at clarindon . vid. cap. cap. . cap. . constit. at clarindon . cap. . constit. at clarindon . cap. . cap. , . constit. at clarindon . cap. . cap. . antiq. brit. . fox . an. . m. paris . an. . baronius annal . . sec. . m. paris . an. . m. westm. an. . antiq. brit. . ibid. ● ibid. . gloss. ll. hen. . c. . hoveden . hoveden . hoveden . . ibid. . hoveden . an. . co. jurisd . c. hoveden . glanvil . l. . c. . glanv . lib. . cap. . idem . lib. , & . heresie . hoveden . . nubrig . lib. . cap. . decret . papae alexand. hoveden . . apostacy . bracton , lib. . cap. . treason . lib. . cap. . lib. . c. . felonies . ll. hen. . c. . ll. hen. . c. . glanv . lib. . cap. . manslaughter . glanv . lib. . cap. . & . robbery . ll. gulielm . . spicil . . glanv . lib. . cap. . fauxonry . glanv . lib. . cap. . glanvil . lib. . cap. . ibid. c. . ll. hen. . c. . vide glanv . l. . c. . glanvil . lib. . cap. . glanvil . 〈◊〉 c. . lit. lib. . c. . glanvil . lib. . cap. . lib. . cap. . glanvil . lib. . cap. . ibid. cap. . ibid. c. . glanv . l. . c. . ibid. glanv . . . ibid. c. . m. paris . an. . hoveden . an. . malmsb. nov . l. . malmsb. l. . glanvil . l. . cap. . & . ll. gulielm . cap. . m. paris . an. . hoved. an. . decret . alex. pap. hoveden . fol. . glanv . l. . cap. . & . ll. edw. . glanv . l. . c. . cap. . hoveden . . m. paris . an. . m. paris . an. . m. paris . an. , . m. paris an. . 〈…〉 dan. 〈◊〉 . . edward . walsing . . m. westm. an. . m. westm. polyd. virg . walsing . . edw. . edward . edw. . prerog . reg. edw. . stat. de homag . stat. templar . m. paris . an. . m. paris . . m. paris . m. paris . vid. addit . baronius annal . . . . . & . . . . . . . . . . . . . . . . marlbr . c. . fits. abbe . . marlbr . c. gloss. p. . ll. hen. . c. . west . . cap. . west . . cap. ● co. . instit . . stams . . m. paris . addit . fol. , , . briton . . f. . bracton , lib. . fol. . west . ▪ c. . west . . c. . antiq. brit. . circumspecte agaits . circumspect● agatis . ll. gulielm . c. , , . m. paris addit . fol. . art . ●● circumspecte agatis . coke lib. . antiq. brit. vit . winchelsie . baronius annal . an . . antiq. brit. articuli cleri . stat. de consultat . . e. . cap. ● . ll. alfred . c. . ll. edw. c. . ll. canut . c. . ll. gul. . c. spicileg . . binius , tom. fol. . an. . articuli cleri . baronius , annal. . cap. . cap. . artic. . cap. . articuli cleri . fits. herb. hen. . prohibition . cap. . cap. . bineus tom. . . ll. e. c. . & . articuli cler● ▪ cap. . cap. . cap. . articuli cleri . cap. . cap. . cap. . cap. . articuli . cleri . cap. . cap. . cap. . cap. . e. . fits. tit . forfaiture . stat. de asport . relig . . e. . mag. charta cap. . stat. de prisis edw. . stat. de quo warranto . edw. . mag. charta cap. . bracton , lib. . fol. . coke . instit. super magna charta , cap. . p. . & . bracton . lib. . cap. . fo . . stat. west . . cap. . stat. de religiosis e. . stat. de amortizandis terris . m. west . an. . mag. charta cap. . miror . just. cap. . sec. . malmsb. de gest . reg. lib. . ll. ed. cap. . bracton , lib. . cap. . fo . . antiq. brit. eccles. . regist. fo . . stat. bigam . ed. . cap. . general councils . bineus tom . ps. . p. . m. paris . m. paris . an. . bineus tom . . p. . pag. & tom . . p. . pag. . fox mart. p. . . antiq. brit. eccles. fol. ass . pl. . hoveden . an. . m. paris . an. . spicil . . synods . rot. pariiam . h. . num , . stat. merton cap. . a●tiq . brit. mag. charta . cap. . cap. ● . cap. . vide stat. de wardis , e. . glanv . lib. . c. , & . stat. marlb . c. , & . stat. marlb . cap. . and prerog . reg. c. . prerog . reg. c. . mag. charta . cap. . stat. gloc. c. . stat. de vasto . e. . artic. sup . cart . c. . cap. . tacitus mor. germ. mag. charta . stat. merton . cap. . cap. . w. . c. . west . . c. . cap . vide. stat. merton . cap. . & . prerog . reg. cap . mag. charta . cap. . glanv . lib. . cap. . cap. . cap. . mag. char. seld. spicil . fol. . cap. . glanvil . lib. . cap. . mag. char. stat. marlb . cap. . glanvil . lib. . cap. . & . gloss. . glanvil . lib. . cap. . stat. marlb . cap. , , , . ll. inae . marlb . c. . glanvil . lib. . cap. . mag. chart. mircr . cap. . sect. . distric . scac. artic. mag. cart. cap. . west . . c. . marlb . cap. . distric . scac. artic. sup . cart. cap. . marlb . cap. . cap. . cap. . capitales just. nostri . marlb . cap. . cap. . westm. c. . stat. gloc. c. . conjunct . feofat . an. . e. . cap. . west . . c. . cap. . marlb . cap. . westm. . c. . miror . cap. . sect . . cap. . & . miror . cap. . sect . . cap. . ll. hen. . c. . glanvil . lib. . cap. . cap. . glanvil . lib. . cap. . glanvil . lib. . cap. . coke instit. . page . cap. . west . . c. . artic. super cart . cap. . west . . c. . artic. super cart . cap. . cap. . cap. . cap. . instit. . bract. lib. . fol. . prerog . reg. cap. . prerog . reg. cap. . fits. . e. ● . tit. eschea . . cap. . cap. . cap. . ll. edgar . c. . cap. . west . . c. . glocest. cap. . west . . c. . mag. charta . cap. . glanv . lib. . cap. . cap . bracton f. . seld. super hengham . cap. . cap. . mag. char. concil . brit. . ibid. . glanvil . lib. . cap. . m. paris . an. . merton cap. . stat. de judais . an. . e. . cap. . cap. . perog . reg. cap. . ass . pl. . edw. . west . . c. . cap. . cap. . mag. chart. west . . c. . west . . c. . cap. . merton . c. . west . . c. . marlb . c. . ibid. artic. sup . cart . cap. , stat. de vicecom . an. . e. . mag. chart. cap. . cap. . m. paris . m. paris . an. , . edw. . c. . edw. . c. . west . . c. . hoveden . . ● . mag. charta . gloss. tit . baron . walsing . an. . mag. chart. m. paris . an. . marlb . c. . prerog . reg. cap. . cap. . bract. lib. . cap. . lib. . c. . prerog . reg. cap. . west . . c. . marlb . c. . bracton , lib. . cap. ● . merton . c. . cap. . bracton , lib. . cap. . west . . c. . m. paris addit . artic. . westm. c. . west . . c. . ibid. c. . fleta . artic. sup . cart . c. . e. . sol . . artic sup . cart . c. . stat. glou● . c. . west . . c. . coroners . west . . c. . sheriffs . artic. sup . cart . c. . mirror . cap. . sec. . stat. de vic . e. . chancemedly . robbery . rape . west . . c. . west . . c. . antiq. brit. fol. . concealment of felons . west . . c. . west . . c. . defamed felons . west . . c. . miror . cap. . sec. . briton cap. . sec. . glanvil . lib. . cap. . bail. west . . c. . glanv . lib. . cap. . addit . m. paris . spreaders of false news . west . . c. . edw. . merton . c. . marlb . c. . west . . c. . trespssers upon parks . west . . c. . merton . c. . an. . ed. . tacitus . walsing . f. . & . stat. mort. edw. . stat. de militib●s . concil . brit. . e. . rot . . e. . memb. . tacitus . hen. . marlb . cap. . miror . cap. . sect. . mag. charta cap. . glocest. cap. . west . . cap. . stat. wint. edw. . coke inst. . p. . hen. . cap. . stat. wint. edw. . cap. . cap. . cap. . m. paris in addit . & post . adversar . cap. . cap. . hen. . m. paris . post adversaria . hoveden . m. paris . an. . hoveded . hen. . m. paris addit . m. paris post adversaria . m. paris . an. , & . m. paris . an. . ll. gulielm . . ll. aethelst . cap. . huntington . an. . ll. canut . . lipsius de milit . rom. lib. . dialog . . tacirus . cluer . germ. p. . . m. paris . fol. . m. paris . fol. . vid. post . adversaria . m. paris . cap. penult . bracton , lib. ●● cap. . miror . just ▪ p. . edw. . remonst . parliament . novem . l. . an. . notes for div a -e antiq. brit. rich. . the. lib. . c. hist. eccles. ang. antiq. brit. . rich. . n . . rich. . cap. . rich. . cap. . e. . stat. . rich. . n. . rich. . n. . rich. . n. , . rich. . n. . rich . n. . or . e. . n. . e. . n. . r. . n. . e. . n. . e. . cap. ● e. . n. . e. v●t . . rich. . n. . e. . provisor . e. . n. . rich. . n. . rich. . n. . e. . n. , . e. . vet. . e. . cap. . rich. . n. , , , . rich. . n. , , . e. . cap. e. . c. . e. . cap. . rich. . st. . cap. . rich. . n. . . rich. . n. . e. . n. . e. . n. . rich. . n. rich. . n. . rich. . n. , , . rich. . n. . e. . n. . rich. . n. . rich. . n. e. . c. . antiq. brit. eccles. e. . . e. . c. . e. . c. , . e. . c. . walsing . an. . . e. . c. . e. . c. . rich. . c. . rich. . c. . edw. . memb. . in dors. e. . stat . . e. . c. . mag. chart. vet. ass. pl. . e. . rot. claus. rich. . memb. . in dors. fleta , li. . cap. . e. . rot. pat. ps. . memb. . . e. . ps. . m. . e. . rot. claus . memb. . in dors. rich. . rot. pat. ps. . rich. . cap. . . ass. pl. . co inst. . c. . ass. pl. . rich. . . tit. prohibition . e. . c. . e. . c. . e. . c. , . e. . c. & . rich. . n. fabian vit. hen. . anno . ass. pl. . ass. pl. . mirror . cap. . sect. . fleta , lib. . cap. . fleta , lib. . c. . sect. . instit. . c. . fol. . e. . c. . e. . cap. . e. . c. . e. . c. . e. . c. . & cap. . r. . c. . e. . c . ass. pl. . bro. scire fac . . e. . . ass. pl. e. . pl. . e. . fo . . e. . fo . . ass. pl. . e. . c. . e. . c. . rich. . c. . ass. pl. . e. . n. . . e. . c. . rich. . n. . . instit. . cap. . fol. . & . gloss. fol. . rich. . c. . dier . , & . el. mic . pl. . e. . coron . . rich. . c. rich. . c. rich. . c. rich. . c. . e. . stat. . e. . cap. . ass. pl. . e. . . fis . consultat . . e. . cap. . e. . stat. . cap. . e. . c. . miror . just. cap. . sect. . h. . petit . cleri . artic. . e. . n. . rich. . n. rich. . n. . instit. . c. . e. . coram rege , rot. porff . e. . c. . pro clero . e. . c. . e. . stat. . rich. . c. . bro. quar . imp . . e. . cap. . e. . c. . e. . c. . e. . c. . e. . fol. , . per thorpe . h. . fol. . per gascoign . ● e. . c. . west . . c. . e. . cap. . rich. . c. e . stat. cap. . west . . cap. . stat. de prisis . rich. . c. . e. . c. . e. . c. . rot. parl. . e. . arch. reg. e. . tit . . fox . . e. . stat. . cap. . fox . sect. . e. . c. . antiq. brit. eccles. . e. . fol. . e. . c. . rot. parl. . e. . tit . . rich. . c. . rich. . c. . rich. . c. . rich. . stat. cap. . rich. . c. . antiq. brit. rich. . c. . antiq. brit. ● . e. . stat. . cap. . antiq. brit. . co. e. . rot. palm . . n. . e. . n. , . antiq. brit. rich. . stat. . c. . rich. . artic. . e. . c. . e. . c. . e. . cap. . e. . c. , , . e. . c. . e. . c. . & . e. . c. . e. . c. . e. . c. . e. . cap. . e. . c. . e. . c. . e. . cap. . e. . c. . e. . c. . rich. . c. . ● e. . c. , , . e. c. . e. . c. . e. . c. , . e. . c. . rich. . c. . rich. . c. . e. . c. . e. . c. . & e. . rich. . c. . e. . e. . e. . c. . rich. . c. . rich. . c. . rich. . c. . e. . c. . e. . c. . r. . c. . r. . c. . e. . stat . . cap. . e. . c. . & . e. . c. , . rich . c. . e. . e. . c. . e. . c. . e. . stat . . c. . cic. partit . orat. si quis majestatem populi romani minuisset , tacit. an. . e. . stat . . c. . r. . n. , . r. . n. . ass. pl. . stat. r. . co. fo . . co. fo . . co. fo . . co. fo . . h. . . act. . . e. . stat. . e. . c. . ● . e. . c. , & . e. . c. . e. . c. . rich. . c. . e. . c. . e. . c. . miror just. c. . sect . . e. . fol. . b. e. . c. . e. . c. rich. . c. . e. . fol. . e. . n. . e. . stat. . e. . c. . e. . c. ● . e . n. , , , . e. . n. , , , , , . e. . n. . ● e. . c. . e. . c. . e. . cap. . stat. . e. . stat. cap. . fol . par. rot. e. . n. . regist fol. a. e. . cap. . e . n. . e. . c. . e. . c. . e. . stat. . cap. . e. . stat. . cap. . e. . n. . ● e. . n. . e. . stat. . cap. . fol. . fol. . b. h. . c. . e. . c. . h. . protect . . e. . fol. . h. . . h. . fol. . h. . protect . h. . . bract. li. . fol. , & . rich. . stat. . c. . rich. . n. rich. . c. . regist. fo . . . e. . n. . n. . r. . n. . gloss. . e. . c. . e. . n. . e. . n. m. e. . c. . e. . c. . e. . c. . r. . c. . r. . c. . e. . c. . e. . c. . e. . n. . e. . c. . r. . c. . e. . stat. . c. . e. . c. . e. . c. . e. . c. , . r. . c. . r. . c. . cap. . r. . c. . r. . c. . r. . c. . r. . c. . e. . c. . r. . c. . r. . c. . r. . c. . r. . c. . r. . c. . e. . c. . r. . c. . r. . c. . r. . c. . walsing . h. . cap. . h. . cap. , . & cap. , , , . hist. eccles. ang. . henry the fifth . antiq. brit. walsing . antiq. brit. . henry the sixth . comin . lib. . cap. . comin . lib. . cap. . h. . cap. . h. . n. . h. . n. . h. . n. , . hen. . n. . h. . n. . . h. . n. . h. . n. . cir. . & . h. . n. . h. . n. . he● . . n. . & h. . hen. . n. . h. . n. . ● h. . n. , . h. . n. . hen. . n. . h. . c. . h. . c. . h. . c. . hen. . c. . h. . c. . hen. . c. . hen. . c. . hen. . c. ▪ hen. . c. . hen. . c. . h. . c. . h. . c. . h. . c. . rot. pat. e. . m. . 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mercat . de gallat . imper. lib. . r. . c. . rich. . c. . 〈…〉 e. . n. . e. . c. . e. . n. . . e. . c. . e. . c. . e. . c. , . e. . c. . r. . c. . e. . c. , , . e. . cap. . e. . c. . e. . c. . e. . c. . e. . c. . r. . c. . e. . c : . r. . c. . naucler . antiq. brit. . h. . fol. . pe● pasion . e. . fol. . e. . fol. . e. . fol. . per littleton . e. . fol. . thevet . lib. . cap. . jovius brit. jovius brit. fol. . henry . thuan. lib. . thuan. lib. . jov. hist. fol. . fox . sleidan . lib. . . an. antiq. brit. jovius . brit. fol. . sleidan lib. . h. . c. ● . h. . c. . ●● h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . sleidan . lib. c. anno . & h. . c. . antiq. brit. h. . c. . h. . c. . h. . c. . h. . c. . rot. par. joh. e. . st. carl. e. . de provis . r. . c. . antiq. brit. vit . cranmer . h. . c. . h. . c. . h. . c. . h. . c. . fox mart. fol. . edw. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . ●● h. ● . c. ● . e. . fol. . h. . c. . instit. fol. . . . e. fol. . h. fol. . per neuton . h. . c . h . c. . inst. . fol. . h. . c. . h. . c. . mag. chart. instit. . fol. . h. . c. . h . c. . h. . rat. pat. p. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . antiq. brit. distin &c. c. . esto & . c. ead. dist. episcopus . instit. . fol. . h. . c. . h. . c. . h. . c. . h. . c. . e. . ass. . e. . f. . hil. . h. . pl. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . rot. claus. e. . m. . e. . in dors. m. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . ● h. ● c. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . cap. . cap. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . ● h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . q. mary . thuan. vol. . lib. . thuan. vol. . lib. . fox . bodin . rep. lib. . c. . instit. fol. . q. elizab. forcat . de gal. imp . l. . quint , lib. . cap. ult . bodin . rep . l. . h. . c. . e. . c. . ● h. . c. . e. . c. . e. . c. . ● & e. . c. . h. . c. . eliz. c. . eliz. c. . eliz. c. . eliz. c. . eliz. c. . eliz. c. . eliz. c. . eliz. c. . eliz. c. . eliz. c. . eliz. c. . marl. parliament . c. . & phil. & mary , cap. . mar. sess. . cap. . &c. . & . &c. . h. . c. . eliz. c. . bodin . rep . l. . h. . c. . mar. sess. . cap. . h. . cap. eliz. c. . thuan. vol. . lib. . jac. cap. . . . cap. . eliz. . c. . & e. . cap. . & phil. & mar. cap. . eliz. cap. . eliz. cap . mar. parl. cap. . sleidan . ph. & mar. parl. . c. . ph. & mar. parl. . c. . bodin de rep. lib. . & e. . c. . eliz. c . & . edw. . c. . edw. . c. . & e. . c. . eliz. c. . edw. . c. . edw. . c. . edw. . c. . mar. sess. . c . & . edw. . c. . edw. . c. . c. . & . c. . e. . c. . eliz. ● . ● . eliz. c. . eliz. c. . mar. parl. . cap. . & phil. & mar. cap. . e. . c. . & phil. & mar. c. . & e. . c. . & phil. & mar. c. . e. . c. . eliz. c. . eliz. c. . eliz. c. . cap. , . eliz. c. . eliz. c. . cap. . aelian . lib. . var. hist. c. . tacit. notes for div a -e pag. . concil . brit. pag. . ibid. p. ibid. p. . . pag. . pag. . pag. . concil . brit. pag. . concil . brit. pag. . concil . brit. pag. . concil brit. pag. . concil . brit. pag. . pag. . pag. . pag. . mr. selden's titles of honour . tit. honour , pag. . tit. honour , pag. . littler . lib. . cap. . brit. p. . the two charters granted by king charles iid to the proprietors of carolina with the first and last fundamental constitutions of that colony. charter ( ) england and wales. sovereign ( - : charles ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the two charters granted by king charles iid to the proprietors of carolina with the first and last fundamental constitutions of that colony. charter ( ) england and wales. sovereign ( - : charles ii) locke, john, - . carolina (colony). charter ( ) carolina (colony). constitution ( ) p. printed and are to be sold by richard parker ..., london : [ ] date of publication from wing. reproduction of original in huntington library. the first charter granted by king charles iid to the proprietors of carolina (march , ) -- the second charter (june , ) -- the fundamental constitutions of carolina (march , ; drawn up by john locke) -- copy of the fundamental constitutions of carolina (april , ). created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to 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were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng constitutional history -- north carolina. constitutional history -- south carolina. north carolina -- history -- colonial period, ca. - -- charters. north carolina -- history -- colonial period, ca. - -- constitution. south carolina -- history -- colonial period, ca. - -- constitution. south carolina -- history -- colonial period, ca. - -- charters. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion the two charters granted by king charles iid . to the proprietors of carolina . with the first and last fundamental constitutions of that colony . london : printed , and are to be sold by richard parker , at the vnicorn , under the piazza of the royal exchange . the first charter granted by king charles iid . to the proprietors of carolina . charles iid . by the grace of god , &c. to all to whom these presents shall come greeting . whereas , our right trusty , and right well-beloved cousins and counsellors , edward earl of clarendon , our high chancellor of england , and george duke of albemarle , master of our horse , and captain general of all our forces ; our right trusty and well-beloved william lord craven , john lord berkeley , our right trusty , and well-beloved counsellor , anthony lord ashley , chancellor of our exchequer , sir george carterett knight and baronet , vice-chamberlain of our houshold , and our trusty and well-beloved , sir william berkeley knight , and sir john colleton knight and baronet , being excited with a laudable and pious zeal for the propagation of the christian faith , and the enlargement of our empire and dominions , have humbly besought leave of us by their industry and charge , to transport and make an ample colony of our subjects , natives of our kingdom of england , and elsewhere , within our dominions , unto a certain country , hereafter described , in the parts of america not yet cultivated or planted , and only inhabited by some barbarous people , who have no knowledge of almighty god. and whereas , the said edward earl of clarendon , george duke of albemarle , william lord craven , john lord berkeley , anthony lord ashley , sir george carterett , sir william berkeley , sir john colleton , have humbly besought us to give , grant and confirm unto them and their heirs , the said country , with priviledges and jurisdictions , requisite for the good government and safety thereof . know ye therefore , that we favouring the pious and noble purpose of the said edward earl of clarendon , george duke of albemarle , william lord craven , john lord berkeley , anthony lord ashley , sir george carterett , sir william berkeley and sir john colleton of our special grace , certain knowledge and meer motion , have given , granted and confirmed , and by this our present charter , for us , our heirs and successors , do give , grant and confirm unto the said edward earl of clarendon , george duke of albemarle , william lord craven , john lord berkeley , anthony lord ashley , sir george carterett , sir william berkeley and sir john colleton , their heirs , and assigns , all that territory or tract of ground scituate , lying , and being within our dominions in america ; extending from the north end of the island called lucke island , which lyeth in the southern virginia seas , and within six and thirty degrees of the northern latitude ; and to the west as far as the south seas ; and so southerly , as far as the river st. matthias , which bordereth upon the coast of florida , and within one and thirty degrees of northern latitude , and so west in a direct line , as far as the south seas aforesaid ; together with all and singular ports , harbours , bays , rivers , isles and islets , belonging unto the country aforesaid . and also , all the soil , lands , fields , woods , mountains , ferms , lakes , rivers , bays and islets , scituate ▪ or being within the bounds or limits aforesaid , with the fishing of all sorts of fish , whales , sturgeons and all other royal fishes in the sea , bays , islets and rivers , within the premises , and the fish therein taken . and moreover , all veins , mines , quarries , as well discover'd as not discover'd , of gold , silver , gems , precious stones , and all other whatsoever ; be it of stones , metals or any other thing whatsoever , found , or to be found within the countries , isles and limits aforesaid . and furthermore , the patronage and avowsons of all the churches and chapels , which as christian religion shall increase within the country , isles , islets and limits aforesaid , shall happen hereafter to be erected ; together with license and power to build and found churches , chapels and oratories in convenient and fit places within the said bounds and limits ; and to cause them to be dedicated and consecrated , according to the ecclesiastical laws of our kingdom of england ; together with all and singular , the like , and as ample rights , jurisdictions , priviledges , prerogatives , royalties , liberties , immunities and franchises , of what kind soever , within the countries , isles , islets and limits aforesaid . to have , use , exercise and enjoy , and in as ample manner as any bishop of durham in our kingdom of england , ever heretofore have held , used or enjoyed , or of right ought , or could have , use or enjoy ; and them the said edward earl of clarendon , george duke of albemarle , william lord craven , john lord berkeley , anthony lord ashley , sir george carterett , sir william berkeley and sir john colleton , their heirs and assigns . we do by these presents , for us , our heirs and successors , make , create and constitute the true and absolute lords and proprietors of the country aforesaid , and of all other the premises , saving always the faith , allegiance and sovereign dominion due to us , our heirs and successors , for the same ; and saving also the right , title and interest of all and every our subjects of the english nation , which are now planted within the limits and bounds aforesaid , ( if any be : ) to have , hold possess , and enjoy the said country , isles , islets , and all and singular , other the premises to them , the said edward earl of clarendon , george duke of albemarle , vvilliam lord craven , john lord berkeley , anthony lord ashley , sir george carterett , sir vvilleam berkeley and sir john colleton , their heirs and assigns for ever , to be holden of us , our heirs and successors , as of our mannor of east greenwich , in our county of kent , in free and common soccage , and not in capite , nor by kn●ghts service , yeilding and paying yearly to us , our heirs and successors , for the same , the yearly rent of twenty marks of lawful money of england , at the feast of all saints , yearly for ever . the first payment thereof , to begin , and to be made on the feast of all saints , which shall be in the year of our lord one thousand six hundred sixty and five , and also the fourth part of all gold and silver oar which within the limits aforesaid , shall from time to time , happen to be found . and that the country thus by us granted and described , may be dignifyed by us with as large titles and priviledges as any other parts of our dominions and terretories in that region . know ye , that we of our further grace , certain knowledge , and meer motion , have thought fit to erect the same tract of ground , country and island , into a province , and out of the fullness of our royal power and prerogative ; we do , for us , our heirs and successors , erect , incorporate and ordain the same into a province ; and do call it the province of carolina : and so , from henceforth , will have it called . and forasmuch as we have hereby made , and ordained the aforesaid edward earl of clarendon , george duke of albemarle , william lord craven , john lord berkeley , anthony lord ashley , sir george carterett , sir william berkeley and sir john colleton , their heirs and assigns , the true lords and proprieters of all the province aforesaid . know ye therefore moreover , that we reposing especial trust and confidence in their fidelity , wisdom , justice and provident circumspection for us , our heirs and successours , do grant full and absolute power by virtue of these presents , to them , the said edward earl of clarendon , george duke of albemarle , william lord craven , john lord berkeley , anthony lord ashley , sir george carterett , sir william berkeley and sir john colleton , and their heirs for the good and happy government of the said province , to ordain , make , enact , and under their seals to publish any laws whatsoever , either appertaining to the publick state of the said province , or to the private utility or particular persons , according to their best discretion , of and with the advice , assent and approbation of the freemen of the said province , or of the greater part of them , or of their delegates or deputies , whom for enacting of the said laws , when and as often as need shall require , we will that the said edward earl of clarendon , george guke of albermarle , william lord craven , john lord berkeley , anthony lord ashley , sir george carterett , sir william berkeley and sir john colleton and their heirs , shall from time to time , assemble in such manner and form as to them shall seem best , and the same laws duely to execute upon all people within the said province and limits thereof , for the time being , or which shall be constituted under the power and government of them , or , any of them , either sailing towards the said province of carolina , or , returning from thence towards england , or any other of our , or forreign dominions , by imposition of penalties , imprisonment , or any other punishment ; yea , if it shall be needful , and the quality of the offence requires it , by taking away member and life , either by them the said edward earl of clarendon , george duke of albemarle , vvilliam lord craven , john lord berkeley , anthony lord ashley , sir george carterett , sir vvilliam berkeley , and sir john colleton , and their heirs , or by them , or their deputies , lieutenants , judges , justices , magistrates , officers and ministers , to be ordained , or appointed according to the tenor and true intention of these presents ; and likewise , to appoint and establish any judges , or justices , magistrates , or officers whatsoever , within the said province , at sea or land , in such manner and form , as unto the said edward earl of clarendon , george duke of albemarle , vvilliam lord craven , john lord berkeley , anthony lord ashley , sir george carterett , sir william berkely , and sir john colleton , and their heirs , shall seem most convenient . also to remit , release , pardon , and abolish , ( whether before judgment , or after ) all crimes and offences whatsoever against the said laws , and to do all and every other thing and things which unto the compleat establishment of justice unto courts , sessions and forms of judicature , and manners of proceedings therein , do belong , although in these presents , express mention be not made thereof , and by judges , and by him , or them delegated to award , process , hold pleas , and determine in all the said courts and places of judicature , all actions , suits and causes whatsoever , as well criminal as civil , real , mixt , personal , or of any other kind or nature whatsoever ; which laws , so as aforesaid to be published , our pleasure is , and we do require , enjoyn and command , shall be absolute , firm and available in law , and that all the leige people of us , our heirs and successors within the said province of carolina , do observe and keep the same inviolably , in those parts , so far as they concern them , under the pains and penalties therein expressed , or to be expressed ; provided nevertheless , that the said laws be consonant to reason , and as near as may be , conveniently agreeable to the laws and customs of this our kingdom of england . and because such assemblies of free-holders cannot be so conveniently called , as there may be occasion to require the same ; we do therefore by these presents , give and grant unto the said earl of clarendon , george duke of albemarle , william lord craven , john lord berkeley , anthony lord ashley , sir george carterett , sir william berkeley , and sir john colleton , their heirs and assigns , by themselves , or their magistrates in that behalf lawfully authorized , full power and authority from time to time , to make and ordain fit and wholesome orders and ordinances within the province aforesaid , to be kept and observed , as well for the keeping of the peace , as for the better government of the people there abiding , and to publish the same to all to whom it may concern ; which ordinances we do by these presents , streightly charge and command to be inviolably observed , within the said province , under the penalties therein expressed , so as such ordinances be reasonable and not repugnant , or contrary , but as near as may be , agreeable to the laws and statutes of this our kingdom of england , and so as the same ordinances do not extend to the binding , charging , or taking away of the right or interest of any person or persons , in their freehold goods , or chattels whatsoever . and to the end the said province may be the more happily increased by the multitude of people resorting thither , and may likewise be the more strongly defended from the incursions of savages , and other enemies , pirates and robbers ; therefore , we for us , our heirs and successors do give and grant by these presents , power , license and liberty unto all the leige people of us , our heirs and successors in our kingdom of england , or elsewhere within any other our dominions , islands , colonies , or plantations ( excepting those who shall be especially forbidden ) to transport themselves and families unto the said province , with convenient shipping , and ●itting provisions and there to settle themselves , dwell and inhabit , any law , statute , act , ordinance , or other thing , to the contrary in any wise , notwithstanding : and we will also , and of our more special grace for us , our heirs and successors do streightly enjoyn , ordain , constitute and command that the said province of carolina shall be of our allegiance , and that all and singular the subjects , and liege people of us , our heirs and successors transported , or to be transported into the said province , and the children of them , and of such as shall descend from them , there born , or hereafter to be born , be , and shall be , denizons and leiges of us , our heirs and successors of this our kingdom of england , and be in all things held , treated and reputed as the leige faithful people of us , our heirs and successors , born within this our said kingdom , or any other of our dominions , and may inherit , or otherwise purchase and receive , take , hold , buy and possess any lands , tenements , or hereditaments within the same places , and them may occupy possess and enjoy ▪ give , sell , aliene and bequeath ; as likewise , all liberties , franchises and priviledges of this our kingdom of england and of other our dominions aforesaid , and may freely and quietly have , possess and enjoy as our leige people born within the same , without the least molestation , vexation , trouble or grievance of us , our heirs and successors , any statute , act , ordinance or provision to the contrary notwithstanding . and furthermore that our subjects of this our said kingdom of england and other our dominions , may be the rather encouraged to undertake this expedition with ready and chearful minds ; know ye , that we of our special grace , certain knowledge and meer motion , do give and grant , by vertue of these presents , as well to the said edward earl of clarendon , george duke of albemarle , william lord craven , john lord berkeley , anthony lord ashley , sir george carterett , sir vvilliam berkeley and sir john colleton and their heirs , as unto all others as shall , from time to time , repair unto the said province , with a purpose to inhabit there , or to trade with the natives of the said province , full liberty and license to lade and freight in any ports whatsoever , of us , our heirs and successors , and into the said province of carolina , by them , their servants and assigns , to transport all and singular their goods , wares and merchandizes ; as likewise , all sorts of grain whatsoever , and any other things whatsoever , necessary for the food and cloathing , not prohibited by the laws and statutes of our kingdoms and dominions , to be carry'd out of the same without any lett or molestation of us , our heirs and successors , or of any other of our officers or ministers whatsoever , saving also to us , our heirs and successors , the customs , and other dutys and payments , due for the said wares and merchandizes , according to the several rates of the places from whence the same shall be transported . we will also , and by these presents , for us , our heirs and successors , do give and grant license by this our charter , unto the said edward earl of clarendon , george duke of albemarle , william lord craven , john lord berkeley , anthony lord ashley , sir george carterett , sir william berkeley , and sir john colleton , their heirs and assigns , and to all the inhabitants and dwellers in the province aforesaid , both present and to come , full power and absolute authority to import or unlade by themselves , or their servants , factors or assigns , all merchandizes and goods whatsoever , that shall arise of the fruits and commodities of the said province , either by land or by sea , into any the ports of us , our heirs and successors , in our kingdom of england . scotland or ireland , or otherwise to dispose of the said goods in the said ports ; and if need be , within one year next after the unlading , to lade the said merchandizes and goods again into the same , or other ships , and to export the same into any other countries , either of our dominions , or forreign , being in amity with us , our heirs and successors , so as they pay such customs , subsidies and other dutys for the same to us , our heirs and successors , as the rest of our subjects of this our kingdom , for the time being , shall be bound to pay , beyond which , we will not that the inhabitants of the said province of carolina shall be any way charged . provided nevertheless , and our will and pleasure is , and we have further for the considerations aforesaid , of our more especial grace , certain knowledge and meer motion , given and granted , and by these presents , for us , our heirs and successors , do give and grant unto the said edward earl of clarendon , george duke of albemarle , vvilliam lord craven , john lord berkeley , anthony lord ashley , sir george carterett , sir vvilliam berkeley and sir john colleton , their heirs and assigns , full and free license , liberty and authority at any time , or times , from and after the feast of st. michael the arch-angel , which shall be in the year of our lord christ , one thousand six hundred , sixty and seven ; as well to import , and bring into any of our dominions , from the said province of carolina , or any part thereof , the several goods and commodities herein after mentioned ; that is to say , silks , wines , currants , raisons , capers , wax , almonds , oyl and olives , without paying or answering to us , our heirs or successors , any custom , impost or other duty , for , or in respect thereof , for and during the term and space of seven years , to commence and be accompted from and after the first importation of four tons of any the said goods in any one bottom ship or vessel , from the said province , into any of our dominions ; as also , to export and carry out of any of our dominions into the said province of carolina , custom-free , all sorts of tools which shall be useful or necessary for the planters there , in the accomodation and improvement of the premises , any thing before in these presents contained , or any law , act , statute prohibition , or other matter or thing heretofore had , made , enacted or provided or hereafter to be had , made , enacted , or provided to the contrary in any wise notwithstanding . and furthermore , of our more ample and especial grace , certain knowledge and meer motion , we do for us , our heirs and successors , grant unto the said edward earl of clarendon , george duke of albemarle , vvilliam lord craven , john lord berkley , anthony lord ashley , sir george carterett , sir vvilliam berkeley and sir john colleton , their heirs and assigns , full and absolute power and authority to make , erect and constitute within the said province of carolina , and the isles and islets aforesaid , such and so many sea-ports , harbours , creeks and other places , for discharge and unlading of goods and merchandizes out of ships , boats and other vessels , and for lading of them in such and so many places , and with such jurisdictions , priviledges and franchises , unto the said ports belonging , as to them shall seem most expedient ; and that all and singular , the ships , boats and other vessels , which shall come for merchandizes , and trade into the said province , or shall depart out of the same , shall be laden and unladen at such ports only as shall be erected and constituted by the said edward earl of clarendon , george duke of albemarle , vvilliam lord craven , john lord berkeley , anthony lord ashley , sir george carterett , sir william berkeley and sir john colleton , their heirs and assigns , and not elsewhere any use , custom , or any thing to the contrary in any wise , notwithstanding . and we do furthermore will , appoint and ordain by these presents , for us , our heirs and successors , do grant unto the said edward earl of clarendon , george duke of albemarle , william lord craven , john lord berkely , anthony lord ashley , sir george carterett , sir william berkeley and sir john colleton , their heirs and assigns , that they the said edward earl of clarendon , george duke of albemarle , william lord craven , john lord berkeley , anthony lord ashley , sir george carterett , sir vvilliam berkeley and sir john colleton , their heirs and assigns , may from time to time , for ever , have and enjoy the customs and subsidies in the ports , harbours , creeks and other places within the province aforesaid , payable for goods , merchandizes and wares there laded , or to be laded or unladed , the said customs to be reasonably assessed upon any occasion by themselves , and by and with the consent of the free people there , or the greater part of them , as aforesaid ; to whom we give power by these presents , for us , our heirs and successors , upon just cause and in a due proportion to assess and impose the same . and further , of our especial grace , certain knowledge and meer motion , we have given , granted and confirmed , and by these presents , for us , our heirs and successors , do give , grant and confirm unto the said edward earl of clarendon , george duke of albemarle , vvilliam lord craven , john lord berkeley , anthony lord ashley , sir george carterett , sir vvilliam berkeley and sir john colleton , their heirs and assigns , full and absolute license , power and authority , that the said edward earl of clarendon , george duke of albemarle , vvilliam lord craven , john lord berkeley , anthony lord ashley , sir george carterett . sir vvilliam berkley and sir john colleton , their heirs and assigns , from time to time , hereafter for ever , at his and their will and pleasure , may assign , alien , grant , demise or enfeoft the premises or any parts or parcells thereof to him or them , that shall be willing to purchase the same ; and to such person or persons , as they shall think fit , to have , and to hold to them the said person or persons , their heirs and assigns in fee simple or fee tayle , or for term of life or lives , or years to be held of them , the said edward earl of clarendon , george duke of albemarle , vvilliam lord craven , john lord berkeley , anthony lord ashley , sir george carterett , sir william berkeley , and sir john colleton , their heirs and assigns , by such rents , services and customs , as shall seem meet to the said edward earl of clarendon , george duke of albemarle , vvilliam lord craven , john lord berkeley , anthony lord ashley , sir george carterett , sir william berkeley and sir john colleton , their heirs and assigns , and not immediately of us , our heirs and successors : and to the same person and persons , and to all and every of them , we do give and grant by these presents , for us , our heirs and successors , license , authority and power , that such person or persons , may have or take the premises , or any parcel thereof , of the said edward earl of clarendon , george duke of albemarle , vvilliam lord craven , john lord berkely , anthony lord ashley , sir george carterett , sir william berkeley and sir john colleton , their heirs and assigns , and the same to hold to themselves , their heirs or assigns , in what estate of inheritance whatsoever , in fee simple , or in fee tayle , or otherwise , as to them and the said earl of clarendon , george duke of albemarle , william lord craven , john lord berkeley , anthony lord ashley , sir george carterett , sir william berkeley and sir john colleton , their heirs and assigns , shall seem expedient . the statute made in the parliament of edward , son of king henry , heretofore king of england , our predecessor , commonly called , the statute of quia emptores terrae ; or any other satute , act , ordinance , use , law , custom , or any other matter , cause or thing heretofore published or provided to the contrary in any wise notwithstanding . and because many persons born or inhabiting in the said province , for their deserts and services may expect , and be capable of marks of honour and favour , which in respect of the great distance cannot conveniently be conferred by us ; our will and pleasure therefore is , and we do by these presents , give and grant unto the said edward earl of clarendon , george duke of albemarle , willliam lord craven , john lord berkeley , anthony lord ashley , sir george carterett , sir william berkeley and sir john colleton , their heirs and assigns , full power and authority to give and conferr unto , and upon such of the inhabitants of the said province , as they shall think , do , or shall merit the same , such marks or favour , and titles of honour , as they shall think fit , so as these titles of honour be 〈…〉 conferred upon any the 〈◊〉 of this our kingdom of 〈◊〉 . and further also , we do by these presents , for us , our heirs and successors , give and grant , license to them the said edward earl of clarendon , george duke of albemarle , william lord craven , john lord berkeley , anthony lord ashley , sir george carterett , sir william berkeley and sir john colleton , their heirs and assigns , full power , liberty and license to erect , raise and build within the said province and places aforesaid , or any part or parts thereof , such and so many forts , fortresses , castles , cities , borroughs , towns , villages and other fortifications whatsoever , and the same or any of them to fortify and furnish with ordinance , powder , shot , armory and all other weapons , ammunition , habiliments of war , both offensive and defensive , as shall be thought fit and convenient for the safety and welfare of the said province , and places , or any part thereof , and the same , or any of them , from time to time , as occasion shall require , to dismantle , disfurnish , demolish and pull down , and also to place , constitute and appoint in , or over all , or any of the said castles , forts , fortifications , cities , towns and places aforesaid , governours , deputy governours , magistrates , sheriffs , and other officers , civil and military , as to them shall seem meet , and to the said cities , burroughs , towns , villages , or any other place , or places , within the said province , to grant letters or charters of incorporation , with all liberties , franchises , and priviledges requisite , and usual , or to , or within any corporations within this our kingdom of england granted , or belonging ; and in the same citties , burroughs , towns and other places , to constitute , erect and appoint such , and so many markets , marts and fairs , as shall in that behalf be thought fit and necessary ; and further also , to erect and make in the province aforesaid , or any part thereof , so many mannors as to them shall seem meet and convenient , and in every of the same mannors to have and to hold a court-baron with all things whatsoever , which to a court-baron do belong , and to have and to hold views of franck pledge and court-leet for the conservation of the peace , and better government of those parts , within such limits , jurisdictions and precincts , as by the said edward earl of clarendon , george duke of albemarle , william lord craven , john lord berkely , anthony lord ashley , sir george carterett , sir william berkeley and sir john colleton , or their heirs , shall be appointed for that purpose , with all things whatsoever , which to a court leet , or view of franck pledge ; do belong , the said court to be holden by stewards , to be deputed and authorized by the said edward earl of clarendon , george duke of albemarle , william lord craven , john lord berkeley , anthony lord ashley , sir george carterett , sir william berkeley and sir john colleton , or their heirs , or by the lords of other mannors and leets for the time being , when the same shall be erected . and because that in so remote a country , and scituate among so many barbarous nations , and the invasions as well of salvages as other enemies ; pirates and robbers may probably be feared ; therefore we have given , and for us , our heirs and successors do give power by these presents , unto the said edward earl of clarendon , george duke of albemarle , william lord craven , john lord berkeley , anthony lord ashley , sir george carterett , sir william berkeley and sir john colleton , their heirs and assigns by themselves , or their captains , or other their officers to levy , muster and train all sorts of men , of what condition , or wheresoever born in the said province , for the time being ; and to make war and pursue the enemies aforesaid , as well by sea , as by land ; yea , even within the limits of the said province , and by god's assistance , to vanquish and take them , and being taken , to put them to death by the law of war , or to save them at their pleasure ; and to do all and every other thing , which unto the charge and office of a captain general of an army , belongeth , or hath accustomed to belong , as fully and freely as any captain general of an army hath ever had the same . also , our will and pleasure is , and by this our charter , we give unto the said edward earl of clarendon , george duke of albemarle , william lord craven , john lord berkeley , anthony lord ashley , sir gorge carterett , sir william berkeley and sir john colleton , their heirs and assigns , full power , liberty and authority in case of rebellion , tumult , or sedition ( if any should happen ) which god forbid either upon the land within the province aforesaid or upon the main sea , in making a voyage thither , or returning from thence , by him and themselves , their captains , deputies or officers , to be authorized under his or their seals , for that purpose : to whom also for us , our heirs and successors , we do give and grant by these presents , full power and authority to exercise martial law against mutinous and seditious persons of those parts , such as shall refuse to submit themselves to their government , or shall refuse to serve in the wars , or shall fly to the enemy , or forsake their colours or ensigns , or be loyterers or straglers , or otherwise howsoever offending against law , custom or discipline military , as freely , and in as ample manner and form as any captain general of an army , by virtue of his office , might , or hath accustomed to use the same . and our further pleasure is , and by these presents , for us , our heirs and successors , we do grant unto the said earl of clarendon , george duke of albemarle , william lord craven , john lord berkeley , anthony lord ashley , sir george carterett , sir william berkeley and sir john colleton , their heirs and assigns , and to the tenants and inhabitants of the said province of carolina , both present and to come , and to every of them , that the said province and the tennants and inhabitants thereof , shall not from henceforth , be held or reputed a member , or part of any collony what●oever , in america or elsewhere , now transported or made , or hereafter to be transported or made ; nor shall be depending on , or subject to their government in any thing , but be absolutely separated and divided from the same : and our pleasure is , by these presents , that they be separated , and that they be subject immediately to our crown of england , as depending thereof for ever . and that the inhabitants of the said province , nor any of them , shall at any time hereafter , be compelled or compellable , or be any ways subject , or liable to appear or answer to any matter , suit , cause , or plaint whatsoever , out of the province aforesaid , in any other of our islands , collonies or dominions in america or elsewhere , other than in our realm of england and dominion of wales . and because it may happen , that some of the people and inhabitants of the said province , cannot in their private opinions conform to the publick exercise of religion according to the liturgy , form and ceremonies of the church of england , or take and subscribe the oaths and articles made and established in that behalf ▪ and for that the same , by reason of the remote distances of these placees will we hope , be no breach of the unity , and uniformity , established in this nation . our will and pleasure therefore is , and we do by these presents for us , our heirs , and successors , give and grant unto the said edward earl of clarendon , george duke of albemarle , william lord craven , john lord berkeley , anthony lord ashley , sir george carterett , sir william berkeley , and sir john colleton , their heirs and assigns , full and free license , liberty and authority , by such legal ways and means as they shall think fit to give and grant unto such person and persons , inhabiting , and being within the said province , or any part thereof , who really in their judgments , and for conscience sake , cannot , or shall not conform to the said liturgy and ceremonies , and take and subscribe the oaths and articles aforesaid , or any of them , such indulgences and dispensations , in that behalf , for , and during such time and times , and with such limitations and restrictions as they the said edward earl of clarendon , george duke of albemarle , william lord craven , john lord berkeley , anthony lord ashley , sir george carterett , sir vvilliam berkely and sir john colleton , their heirs , or assigns , shall in their discretion think fit , and reasonable , and with this express proviso , and limitation also , that such person and proviso , to whom such indulgencies and dispensations shall be granted as aforesaid , do , and shall from time to time , declare , and continue all fidelity , loyalty and obedience to us , our heirs and successors , and be subject and obedient to all other the laws , ordinances and constitutions of the said province , in all matters whatsoever , as well ecclesiastical as civil , and do not in any wise disturb the peace and safety thereof , or scandalize , or reproach the said liturgy , forms and ceremonies , or any thing relating thereunto , or any person or persons whatsoever , for , or in respect of his , or their use , or exercise thereof , or his , or their obedience , or conformity thereunto . and in case it shall happen , that any doubts or questions should arise concerning the true sense and understanding of any word , clause or sentence , contained in this our present charter , we will ordain and command , that at all times , and in all things , such interpretation be made thereof , and allow'd in all and every of our courts whatsoever , as lawfully may be adjudged most advantageous and favourable to the said edward earl of clarendon , george duke of albemarle , william lord craven , john lord berkeley , anthony lord ashley , sir george carterett , sir william berkeley and sir john colleton , their heirs and assigns , although express mention be not made in these presents , of the true yearly value and certainty of the premises , or any part thereof , or of any other gifts and grants made by us , our ancestors , or predecessors , to them the said edward earl of clarendon , george duke of albemarle , vvilliam lord craven , john lord berkeley , anthony lord ashley , sir george carterett , sir william berkeley and sir john colleton , or any other person , or persons whatsoever , or any statute , act , ordinance , provision , proclamation , or restraint heretofore had , made , published , ordained , or provided , or any other thing , cause , or matter whatsoever , to the contrary thereof , in any wise notwithstanding . in witness , &c. witness the king , at vvestminster , the four and twentieth day of march , in the fifteenth year of our reign . per ipsum regem . the second charter granted by king charles iid . to the proprietors of carolina . charles iid . by the grace of god , &c. whereas , by our letters patents , bearing date the four and twentieth day of march ; in the fifteenth year of our reign , we were graciously pleas'd to grant unto our right trusty , and right well-beloved cousin and counsellor edward earl of clarendon , our high chancellor of england , our right trusty , and right intirely beloved cousin and counsellor , george duke of albemarle , master of our horse , our right trusty , and well beloved william , now earl of craven , our right trusty and well-beloved counsellor , john lord berkeley , our right trusty , and well-beloved counsellor , anthony lord ashley , chancellor of our exchequer , our right trusty and well-beloved counsellor sir george carterett knight and baronet , vice-chamberlain of our houshold , our right trusty and well-beloved , sir john colleton knight and baronet , and sir william berkeley knight , all that province , territotory , or tract of ground , called carolina , scituate , lying and being within our dominions of america , extending from the north end of the island , called luke island , which lyeth in the southern virginia seas , and within six and thirty degrees of the northern latitude ; and to the west , as far as the south seas ; and so respectively as far as the river of mathias , which bordereth upon the coast of florida , and within one and thirty degrees of the northern latitude , and so west in a direct line , as far as the south seas aforesaid . now , know ye , that we , at the humble request of the said grantees in the aforesaid letters , patents named , and as a further mark of our especial favour towards them , we are gratiously pleased to enlarge our said grant unto them , according to the bounds and limits hereafter specifyed , and in favour to the pious and noble purpose of the said edward earl of clarendon , george duke of albemarle , william earl of craven , john lord berkeley , anthony lord ashley , sir george carterett , sir john colleton ▪ and sir william berkeley , their heirs and assigns , all that province , territory , or tract of ground , scituate , lying , and being within our dominions of america aforesaid , extending north and eastward , as far as the north end of carahtuke river , or gulet , upon a streight westerly line , to wyonoake creek , which lyes within , or about the degrees of thirty six , and thirty minutes northern latitude , and so west , in a direct line as far as the south seas ; and south and westward , as far as the degrees of twenty nine inclusive northern latitude , and so west in a direct line , as far as the south seas ; together with all and singular ports , harbours , bays , rivers and islets , belonging unto the province or territory , aforesaid . and also , all the soil , lands , fields , woods , mountains , ferms , lakes , rivers , bays and islets , scituate , or being within the bounds , or limits , last before mentioned ; with the fishing of all sorts of fish , whales , sturgeons , and all other royal fishes in the sea , bays , islets and rivers , within the premises , and the fish therein taken ; together with the royalty of the sea , upon the coast within the limits aforesaid . and moreover ▪ all veins , mines and quarries , as well discovered as not discover'd , of gold , silver , gems and precious stones , and all other whatsoever ; be it of stones , mettal , or any other thing found , or to be found within the province , territory , islets and limits aforesaid . and furthermore , the patronage and avowsons of all the churches and chappels , which as christian religion shall encrease within the province , territory , isles and limits aforesaid , shall happen hereafter to be erected ; together with license and power to build and found churches , chappels and oratories in convenient and fit places , within the said bounds and limits ; and to cause them to be dedicated and consecrated , according to the ecclesiastical laws of our kingdom of england ; together with all and singular , the like , and as ample rights , jurisdictions , priviledges , prerogatives , royalties , liberties , immunities and franchises , of what kind soever , within the territory , isles , islets and limits aforesaid . to have , hold , use , exercise and enjoy the same as amply , fully , and in as ample manner as any bishop of durham in our kingdom of england , ever heretofore had , held , used , or enjoyed , or of right ought , or could have , use , or enjoy ; and them the said edward earl of clarendon , george duke of albemarle , william earl of craven , john lord berkeley , anthony lord ashley , sir george carterett , sir john colleton , and sir william berkeley , their heirs and assigns ; we do by these presents , for us , our heirs and successors , make , create and constitute the true and absolute lords and proprietors of the said province , or territory , and of all other the premises , saving always the faith , allegiance and sovereign dominion due to us , our heirs and successors , for the same ; to have , hold , possess and enjoy the said province , territory , islets , and all and singular , other the premises , to them the said edward earl of clarendon , george duke of albemarle , william earl of craven , john lord berkeley , anthony lord ashley , sir george carterett , sir john colleton and sir william berkeley , their heirs and assigns , for ever , to be holden of us , our heirs and successors , as of our mannor of east greenwich , in kent , in free and common soccage , and not in capite , or by knights service , yeilding and paying yearly to us , our heirs and successors , for the same the fourth part of all goods and silver oar , which within the limits hereby granted , shall from time to time , happen to be found , over and besides the yearly rent of twenty marks and the fourth part of the gold and silver oar , in and by the said recited letters patents reserved and payable . and that the province , or territory hereby granted and described , may be dignifyed with as large titles and priviledges as any other parts of our dominions and territories in that region . know ye , that we , of our further grace , certain knowledge and meer motion , have thought fit to annex the same tract of ground and territory , unto the same province of carolina ; and out of the fulness of our royal power and prerogative , we do for us , our heirs and successors , annex and unite the same to the said province of carolina . and forasmuch as we have made and ordained , the aforesaid edward earl of clarendon , george duke of albemarle , william earl of craven , john lord berkeley , anthony lord ashley , sir george carterett , sir john colleton and sir william berkeley , their heirs and assigns , the true lords and proprietors of all the province or territory aforesaid . know ye therefore moreover , that we reposing especial trust and confidence in their fidelity , wisdom , justice and provident circumspection for us , our heirs and successors , do grant full and absolute power , by virtue of these presents , to them the said edward earl of clarendon , george duke of albemarle , william earl of craven , john lord berkeley , anthony lord ashley , sir george carterett , sir john colleton and sir vvilliam berkeley ▪ and their heirs and assigns , for the good and happy government of the said whole province or territory , full power and authority to erect , constitute , and make several counties , baronies , and colonies , of and within the said provinces , territories , lands and hereditaments , in and by the said recited letter , patents , and these presents , granted , or mentioned to be granted , as aforesaid , with several and distinct jurisdictions , powers , liberties and priviledges . and also , to ordain , make and enact , and under their seals , to publish any laws and constitutions whatsoever , either appertaining to the publick state of the said whole provi●●● or territory , or of any distinct or particular county , barony or colony , of or within the same , or to the private utility of particular persons , according to their best discretion , by and with the advice , assent and approbation of the freemen of the said province or territory , or of the freemen of the county , barony or colony , for which such law or constitution shall be made , or the greater part of them , or of their delegates or deputies , whom for enacting of the said laws , when , and as often as need shall require , we will that the said edward earl of clarendon , george duke of albemarle , william earl of craven , john lord berkeley , anthony lord ashley , sir george carterett , sir john colleton and sir william berkeley , and their heirs or assigns , shall from time to time , assemble in such manner and form as to them shall seem best : and the same laws duly to execute upon all people within and the said province or territory , county , barony or colony the limits thereof , for the time being , which shall be constituted under the power and government of them , or any of them , either sailing towards the said province or territory of carolina , or returning from thence towards england , or any other of our , or forreign dominions , by imposition of penalties , imprisonment , or any other punishment : yea , if it shall be needful , and the quality of the offence require it , by taking away member and life , either by them , the said edward earl of clarendon , george duke of albemarle , william earl of craven , john lord berkeley , anthony lord ashley , sir george carterett , sir john colleton and sir vvilliam berkeley and their heirs , or by them or their deputies , lieutenants , judges , justices , magistrates , or officers whatsoever , as well within the said province as at sea , in such manner and form as unto the said edward earl of clarendon , george duke of albemarle , william earl of craven , john lord berkeley , anthony lord ashley , sir george carterett , sir john colleton and sir william berkeley , and their heirs , shall seem most convenient : also , to remit , release , pardon and abolish , whether before judgement or after , all crimes and offences whatsoever , against the said laws ; and to do all and every other thing and things , which unto the ●ompleat establishment of justice , unto ●o●●ts , sessions and forms of judicature , and manners of proceedings therein , do bel●●g , al●●● in these presents , express 〈…〉 made thereof , and by judges , to 〈…〉 process , ●●●d pleas , and determine 〈…〉 judicature all actions ▪ suits and causes whatsoever , as well criminal as civil , real , mixt , personal , or of any other kind or nature whatsoever : which laws so as aforesaid , to be published . our pleasure is , and we do enjoyn , require and command , shall be absolutely firm and available in law ; and that all the leige people of us , our heirs and successors , within the said province or territory , do observe and keep the same inviolably in those parts , so far as they concern them , under the pains and penalties therein expressed , or to be expressed ; provided nevertheless , that the said laws be consonant to reason , and as near as may be conveniently , agreeeble to the laws and customs of this our realm of england . and because such assemblies of free-holders cannot be so suddenly called as there may be occasion to require the same . we do therefore by these presents , give and grant unto the said edward earl of clarendon , george duke of albemarle , william earl of craven , john lord berkeley , anthony lord ashley , sir george carterett , sir john colleton and sir william berkeley , their heirs and assigns , by themselves or their magistrates in that behalf , lawfully authorized , full power and authority from time to time , to make and ordain fit and wholsome orders and ordinances , within the province or territory aforesaid , or any county , barony or province , of or within the same , to be kept and observed , as well for the keeping of the peace , as for the better government of the people there abiding , and to publish the same to all to whom it may concern : which ordinances we do , by these presents , streightly charge and command to be inviolably observed within the same province , countys , territorys , baronys and provinces , under the penalties therein expressed ; so as such ordinances be reasonable and not repugnant or contrary , but as near as may be agreeable to the laws and statutes of this our kingdom of england ; and so as the same ordinances do not extend to the binding , charging or taking away of the right or interest of any person or persons , in their freehold , goods or chattels , whatsoever . and to the end the said province or territory , may be the more happily encreased by the multitude of people resorting thither , and may likewise be the more strongly defended from the incursions of savages and other enemies , pirates and robbers . therefore , we for us , our heirs and successors , do give and grant by these presents , power , license and liberty unto all the leige people of us , our heirs and successors in our kingdom of england , or elsewhere , within any other our dominions , islands colonies or plantations ; ( excepting those who shall be especially forbidden ) to transport themselves and families into the said province or territory , with convenient shipping , and fitting provisions ; and there to settle themselves , dwell and inhabit , any law , act , statute , ordinance , or other thing to the contrary in any wise , notwithstanding . and we will also , and of our especial grace , for us , our heirs and successors , do streightly enjoyn , ordain , constitute and command , that the said province or territory , shall be of our allegiance ; and that all and singular , the subjects and leige people of us , our heirs and successors , transported , or to be transported into the said province , and the children of them , and such as shall descend from them , there born , or hereafter to be born , be , and shall be denizens and leiges of us , our heirs and successors of this our kingdom of england , and be in all things , held , treated and reputed as the leige faithful people of us , our heirs and successors , born within this our said kingdom , or any other of our dominions ; and may inherit , or otherwise purchase and receive , take , hold , buy and possess any lands , tenements or hereditaments , within the said places , and them may occupy , and enjoy , sell , alien and bequeath ; as likewise , all liberties , franchises and priviledges of this our kingdom , and of other our dominions aforesaid , may freely and quietly have , possess and enjoy , as our leige people born within the same , without the molestation , vexation , trouble or grievance of us , our heirs and successors , any act , statute , ordinance , provision to the contrary , notwithstanding . and furthermore , that our subjects of this our said kingdom of england , and other our dominions , may be the rather encouraged to undertake this expedition , with ready and chearful means . know ye , that we , of our especial grace , certain knowledge and meer motion , do give and grant , by virtue of these presents , as well to the said edward earl of clarendon , george duke of albemarle , william earl of craven , john lord berkeley , anthony lord ashley , sir george carterett , sir john colleton and sir william berkeley and their heirs , as unto all others as shall , from time to time , repair unto the said province or territory , with a purpose to in habit there , or to trade with the natives thereof ▪ full liberty and license to lade and freight in every port whatsoever , of us , our heirs and successors ; and into the said province of carolina , by them , their servants and assigns , to transport all and singular , their goods , wares and merchandizes ; as likewise , all sort of grain whatsoever , and any other thing whatsoever , necessary for their food and cloathing , not prohibited by the laws and statutes of our kingdom and dominions , to be carried out of the same , without any lett or molestation of us , our heirs and successors , or of any other our officers or ministers whatsoever ; saving also to us , our heirs and successors , the customs , and other duties and payments due for the said wares and merchandizes , according to the several rates of the places from whence the same shall be transported . we will also , and by these presents , for us , our heirs and successors , do give and grant license by this our charter , unto the said edward earl of clarendon , george duke of albemarle , vvilliam earl of craven , john lord berkeley , anthony lord ashley , sir george carterett , sir john colleton and sir vvilliam berkeley , their heirs and assigns , and to all the inhabitants and dwellers in the province or territory aforesaid , both present and to come , full power and absolute authority to import or unlade by themselves , or their servants , factors or assigns , all merchandizes and goods whatsoever , that shall arise of the fruits and commodities of the said province or territory , either by land or sea , into any the ports of us , our heirs and successors , in our kingdom of england , scotland or ireland , or otherwise , to dispose of the said goods , in the said ports . and if need be , within one year next after the unlading , to lade the said merchandizes and goods again into the same , or other ships ; and to export the same into any other countrys , either of our dominions or forreign , being in amity with us , our heirs and successors , so as they pay such customs , subsidies and other duties for the same to us , our heirs and successors , as the rest of our subjects of this our kingdom , for the time being , shall be bound to pay . beyond which we will not that the inhabitants of the said province or territory , shall be any ways charged . provided , nevertheless , and our will and pleasure is , and we have further , for the considerations aforesaid , of our 〈…〉 certain knowledge and meer motion , given and granted , and by these presents , for 〈…〉 heirs and successors , do give and grant unto the said edward earl of clarendon , george duke of albemarle , william earl of craven , john lord berkeley , anthony lord ashley , sir george carterett , sir john colleton and sir william berkeley , their heirs and assigns , full and free license , liberty , power and authority , at any time or times , from and after the feast of s● michael the arch-angel , which shall be in the year of our lord christ , one thousand six hundred , sixty and seven ; as we●● to import and bring into any our dominions from the said province of carolina , or any part thereof , the several goods and commodities herein after mentioned ; that is to say , silks , wines , currants , raysons , capers , wax , almonds , oyl and olives , without paying or answering to us , our heirs and successors , any custom , impost , or other duty , for , or in respect thereof , for an during the time and space of seven years to commence and be accompted from and after the first importation of four tons of any the said goods , in any one bottom ship or vessel , from the said province or territory , into any of our dominions ; as also , to export and carry out of any of our dominions into the said province or territory , custom-free , all sorts of tools , which shall be useful or necessary for the planters there , in the accomodation and improvement of the premises , any thing before in these presents contained , or any law , act , statute , prohibibition , or other matter or thing , heretofore had , made , enacted or provided , or hereafter to be had , made , enacted or provided , in any wise notwithstanding . and furthermore , of our more ample and especial grace , certain knowledge and meer motion , we do for us , our heirs and successors , grant unto the said edward earl of clarendon , george duke of albemarle , vvilliam earl of craven , john lord berkeley , anthony lord ashley , sir george carterett , sir john colleton and sir vvilliam berkeley , their heirs and assigns , full and absolute power and authority to make , erect and constitute within the said province or territory , and the isles and islets aforesaid , such and so many sea-ports , harbours , creeks and other places for discharge and unlading of goods and merchandizes out of ships , boats , and other vessels , and for lading of them in such and so many places , 〈…〉 such jurisdictions , priviledges and franchises , unto the said ports belonging , as to them shall seem most exped 〈…〉 and 〈…〉 ngular , the ships , boats and other vessels , which shall come for merchandizes , and trade into the said province or territory , or shall depart out of the same , shall be laden and unladen at such ports only , as shall be erected and constituted by the said edward earl of clarendon , george duke of albemarle , vvilliam earl of craven , john lord berkeley , anthony lord ashley , sir george carterett , sir john colleton and sir william berkley , their heirs and assigns , and not elsewhere , any use , custom , or any thing to the contrary in any wise notwithstanding . and we do furthermore will , appoint and ordain , and by these presents , for us , our heirs and successors , do grant unto the said edward earl of clarendon , george duke of albemarle , william earl of craven , john lord berkely , anthony lord ashley , sir george carterett , sir john colleton and sir william berkeley , their heirs and assigns , that they the said edward earl of clarendon , george duke of albemarle , william earl of craven , john lord berkeley , anthony lord ashley , sir george carterett , sir john colleton and sir vvilliam berkeley , their heirs and assigns , may from time to time , for ever , have and enjoy the customs and subsidies in the ports harbours , creeks and other places within the province aforesaid , payable for the goods , merchandizes and wares there laded , or be laded or unladed , the said customs to be reasonably assessed to upon any occasion by themselves , and by and with the consent of the free people , or the greater part of them , as aforesaid ; to whom we give power by these presents , for us , our heirs and successors , upon just cause and in a due proportion to assess and impose the same . and further , of our especial grace , certain knowledge and meer motion , we have given , granted and confirmed , and by these presents , for us , our heirs and successors , do give , grant and confirm unto the said edward earl of clarendon , george duke of albemarle , vvilliam earl of craven , john lord berkeley , anthony lord ashley , sir george carterett , sir john colleton and sir vvilliam berkeley , their heirs and assigns , full and absolute power , license and authority , that they the said edward earl of clarendon , george duke of albemarle , vvilliam earl craven , john lord berkeley , anthony lord ashley , sir george carterett . sir john colleton and sir vvilliam berkley , their heirs and assigns , from time to time , hereafter for ever , at his and their will and pleasure , may assign , alien , grant , demise or enfeoff the premises or any part or parcell thereof to him or them , that shall be willing to purchase the same , and to such person and persons , as they shall think fit , to have , and to hold to them the said person or persons , their heirs and assigns in fee simple or in fee tayle , or for the term of life or lives , or years to be held of them , the said edward earl of clarendon , george duke of albemarle , vvilliam earl of craven , john lord berkeley , anthony lord ashley , sir george carterett , sir john colleton and sir william berkeley , their heirs and assigns , by such rents , services and customs , as shall seem fit to them the said edward earl of clarendon , george duke of albemarle , vvilliam earl of craven , john lord berkeley , anthony lord ashley , sir george carterett , sir john colleton and sir william berkeley , their heirs and assigns , and not of us , our heirs and successors : and to the same person and persons , and to all and every of them , we do give and grant by these presents , for us , our heirs and successors , license , authority and power , that such person or persons , may have and take the premises , or any parcel thereof , of the said edward earl of clarendon , george duke of albemarle , vvilliam earl of craven , john lord berkely , anthony lord ashley , sir george carterett , sir john colleton and sir william berkeley , their heirs and assigns , and the same to hold to themselves , their heirs or assigns , in what estate of inheritance soever , in fee simple , or in fee tayle , or otherwise , as to them the said edward earl of clarendon , george duke of albemarle , william earl of craven , john lord berkeley , anthony lord ashley , sir george carterett , sir john colleton and sir william berkley , their heirs and assigns , shall seem expedient . the statute in the parliament of edward , son of king henry , heretofore king of england , our predecessor , commonly called , the statute of quia emptores terrar ; or any other satute , act , ordinance , use , law , custom , or any other matter , cause or thing heretofore published or provided to the contrary in any wise notwithstanding . and because many persons born and inhabiting in the said province for their deserts and services may expect , and be capable of marks of honour and favour , which in respect of the great distance cannot conveniently be conferred by us ; our will and pleasure therefore is , and we do by these presents , give and grant unto the said edward earl of clarendon , george duke of albemarle , william lord craven , john lord berkeley , anthony lord ashley , sir george carterett , sir john colleton and sir william berkeley , 〈◊〉 heirs and assigns , full power and authority to give and conferr unto , and upon such of the inhabitants of the said province , or territory , as they shall think , do , or shall merit the same , such marks of favour , and titles of honour , as they shall think fit , so as their titles or honours be not the same as are enjoyed by , or conferred upon any of the subjects of this our kingdom of england . and further also , we do by these presents , for us , our heirs and successors , give and grant , license to them the said edward earl of clarendon , george duke of albemarle , william earl of craven , john lord berkeley , anthony lord ashley , sir george carterett , sir john colleton and sir william berkeley , their heirs and assigns , full power , liberty and license , to erect , raise and build within the said province and places aforesaid , or any part or parts thereof , such and so many forts , fortresses , castles , cities , burroughs , towns , villages and other fortifications whatsoever ; and the same or any of them to fortify and furnish with ordnance , powder , shot , armour and all other weapons , ammunition and habiliments of war , both defensive and offensive , as shall be thought fit and convenient for the safety and welfare of the said province , and places , or any part thereof ; and the same , or any of them , from time to time , as occasion shall require , to dismantle , disfurnish , demolish and pull down ; and also to place , constitute and appoint in , or over all , or any of the said castles , forts , fortifications , cities , towns and places aforesaid , governours , deputy governours , magistrates , sheriffs and other officers , civil and military , as to them shall seem meet ; and to the said cities , burroughs , towns , villages , or any other place , or places , within the said province or territory , to grant letters or charters of incorporation , with all liberties , franchises and priviledges requisite , or usual , or to , or within this our kingdom of england granted , or belonging ; and in the same citties , burroughs , towns and other places , to constitute , erect and appoint such , and so many markets , marts and fairs , as shall in that behalf be thought fit and necessary ; and further also , to erect and make in the province or territory aforesaid , or any part thereof , so man mannors with such signories as to them shall seem meet and convenient , and in every of the same mannors to have and to hold a court-baron with all things whatsoever , which to a court-baron do belong , and to have and to hold views of franck pledge , and courts-leet , for the conservation of the peace , and better government of those parts , with such limits , jurisdiction and precincts , as by the said edward earl of clarendon , george duke of albemarle , william earl of craven , john lord berkely , anthony lord ashley , sir george carterett , sir john colleton , and sir william berkeley , or their heirs , shall be appointed for that purpose , with all things whatsoever , which to a court leet , or view of franck pledge ; do belong , the same courts to be holden by stewards , to be deputed and authorized by the said edward earl of clarendon , george duke of albemarle , william earl of craven , john lord berkeley , anthony lord ashley , sir george carterett , sir john colleton , and sir william berkeley or their heirs , by the lords of the mannors and leets , for the time being , when the same shall be erected . and because that in so remote a country , and scituate among so many barbarous nations , the invasions as well of salvages as other enemies , pirates , and robbers may probably be feared ; therefore we have given , and for us , our heirs and successors do give power by these presents , unto the said edward earl of clarendon , george duke of albemarle , william earl of craven , john lord berkeley , anthony lord ashley , sir george carterett , sir john colleton and sir william berkeley , their heirs or assigns by themselves , or their captains , or other officers to levy , muster and train up all sorts of men , of what condition soever , or wheresoever born , whether in the said province , or elsewhere , for the time being ; and to make war and pursue the enemies aforesaid , as well by sea , as by land ; yea , even without the limits of the said province , and by god's assistance , to vanquish and take them , and being taken , to put them to death by the law of war , and to save them at their pleasure ; and to do all and every other thing , which to the charge and office of a captain general of an army belongeth , or hath accustomed to belong , as fully and freely as any captain general of an army hath had the same . also , our will and pleasure is , and by this our charter , we do give and grant unto the said edward earl of clarendon , george duke of albemarle , william lord craven , john lord berkeley , anthony lord ashley , sir gorge carterett , sir john colleton and sir william berkeley , their heirs and assigns , full power , liberty and authority in case of rebellion , tumult , or sedition ( if any should happen which god forbid ) either upon the land within the province aforesaid , or upon the main sea , in making a voyage thither , or returning from thence , by him and themselves , their captains , deputies or officers , to be authorized under his or their seals , for that purpose : to whom also for us , our heirs and successors , we do give and grant by these presents , full power and authority to exercise martial law against mutinous and seditious persons of those parts ; such as shall refuse to submit themselves to their government , or shall refuse to serve in the wars , or shall fly to the enemy , or forsake their colours or ensigns , or be loyterers or straglers , or otherwise howsoever offending against law , custom , or military discipline , as freely , and in as ample manner and form as any captain general of an army , by virtue of his office , might , or hath accustomed to use the same . and our further pleasure is , and by these presents , for us , our heirs and successors , we do grant unto the said edward earl of clarendon , george duke of albemarle , william earl of craven , john lord berkeley , anthony lord ashley , sir george carterett , sir john colleton , and sir william berkeley , their heirs and assigns , and to the tenants and inhabitants of the said province , or territory , both present and to come , and to every of them , that the said province , or territory , and the tennants and inhabitants thereof , shall not from henceforth , be held or reputed any member , or part of any collony whatsoever , in america or elsewhere , now transported or made , or hereafter to be transported or made ; nor shall be depending on , or subject to their government in any thing , but be absolutely separated and divided from the same : and our pleasure is , by these presents , that they be separated , and that they be subject immediately to our crown of england , as depending thereof for ever . and that the inhabitants of the said province or territory , nor any of them , shall at any time hereafter , be compelled or compellable , or be any ways subject , or li●●●● to appear or answer to any matter , suit , cause , or plaint whatsoever , out of the province or territory aforesaid , in any other of our 〈◊〉 , collonies or dominions in america , or elsewhere , other than in our 〈◊〉 of england and dominion of wales . and because it may happen , that some of the people and inhabitants of the said province , cannot in their private opinions conform to the publick exercise of religion according to the liturgy , forms and ceremonies of the church of england , or take or subscribe the oaths and articles made and established in that behalf : and for that the same , by reason of the remote distances of those places will as we hope , be no breach of the unity , and conformity , established in this nation . our will and pleasure therefore is , and we do by these presents for us , our heirs , and successors , give and grant unto the said edward earl of clarendon , george duke of albemarle , william earl of craven , john lord berkeley , anthony lord ashley , sir george carterett , sir john colleton and sir william berkeley , their heirs and assigns , full and free licence , liberty and authority , by such ways and means as they shall think fit , to give and grant unto such person and persons , inhabiting , and being withi the said province or territory , hereby or by the said recited letters patents , mentioned to be granted as aforesaid , or any part thereof , such indulgencies and dispensations , in that behalf , for , and during such time and times , and with such limitations and restrictions as they the said edward earl of clarendon , george duke of albemarle , william earl of craven , john lord berkeley , anthony lord ashley , sir george carterett , sir john colleton and sir vvilliam berkely , their heirs , or assigns , shall in their discretion think fit and reasonable . and that no person or persons , unto whom such liberty shall be given , shall be any way molested , punished , disquieted , or called in question for any differences in opinion or practise , in matters of religious concernment , who do not actually disturb the civil peace of the province , county or colony , that they shall make their abode in . but all and every such person and persons , may from time to time , and at all times , freely and quietly have and enjoy his and their judgments and consciences , in matters of religion , throughout all the said province , or colony , they behaving them selves peaceably , and 〈◊〉 this liberty to licentiousness , nor to the civil injury or outward disturbance of others . any law , statute or clause contained , or to be contained , 〈◊〉 or customs of our realm of england to the contrary hereof : any 〈◊〉 notwithstanding . and in case it shall happen , that any doubts or questions should arise concerning the true sense and understanding of any word , clause , or sentence , contained in this our present charter , we will , ordain , and command , that at all times , and in all things , such interpretations be made thereof , and allow'd in all and every of our courts whatsoever , as lawfully may be adjudged most advantageous and favourable to the said edward earl of clarendon , george duke of albemarle , william earl of craven , john lord berkeley , anthony lord ashley , sir george carterett , sir john colleton and sir william berkeley , their heirs and assigns , although express mention &c. witness our self at westminster , the thirtieth day of june , in the seventeenth year of our reign . per ipsum regem . the fundamental constitutions of carolina . our sovereign lord the king having out of his royal grace and bounty , granted unto us the province of carolina , with all the royalties , proprieties , jurisdictions and privileges of a county palatine , as large and ample as the county palatine of durham , with other great privileges ; for the better settlement of the government of the said place , and establishing the interest of the lords proprietors with equality , and without confusion , and that the government of this province may be made most agreeable to the monarchy under which we live , and of which this province is a part ; and that we may avoid erecting a numerous democracy , we the lords and proprietors of the province aforesaid , have agreed to this following form of government , to be perpetually established amongst us , unto which we do oblige our selves , our heirs and successors , in the most binding ways that can be devised . § . . the eldest of the lords proprietors shall be palatine , and upon the decease of the palatine , the eldest of the seven surviving proprietors shall always succeed him . § . . there shall be seven other chief offices erected , viz. the admirals , chamberlains , chancellors , constable , chief-justices , high-stewards and treasurers ; which places shall be enjoy'd by none but the lords proprietors , to be 〈◊〉 at first 〈…〉 upon the vacancy of any one of the seven great 〈…〉 , or otherwise , the eldest proprietor shall 〈…〉 the said place . § . . the whole province shall be 〈◊〉 into counties ; each county shall consist of eight 〈◊〉 , eight baronies , and four precincts , each precinct shall consist of six colonies . § . . each signiory , barony and colony , shall consist of twelve thousand acres , the eight signiories being the share of the eight proprietors , and the eight baronies of the nobility , both which shares being each of them one fifth part of the whole , are to be perpetually annex'd the one to the proprietors , the other to the hereditary nobility , leaving the colonies , being three fifths , amongst the people ; that so in setting out , and planting the lands , the ballance of the government may be preserved . § . . at any time before the year one thousand seven hundred and one , any of the lords proprietors shall have power to relinquish , alienate , and dispose to any other person , his proprietorship , and all the signiories , powers , and interest thereunto belonging , wholly and intirely together , and not otherwise . but after the year one thousand seven hundred , those who are then lords proprietors , shall not have power to alienate , or make over their proprietorship , with the signories and privileges thereunto belonging , or any part thereof , to any person whatsoever , otherwise than as in § . . but it shall all descend unto their heirs male ; and , for want of heirs male , it shall all descend on that landgrave or cassique of carolina , who is descended of the next heirs female of the said proprietor ; and for want of such heirs , it shall descend on the next heir general ; and for want of such heirs , the remaining seven proprietors , shall , upon the vacancy , chuse a landgrave to succeed the deceased proprietor , who being chosen by the majority of the seven surviving proprietors , he and his heirs successively shall be proprietors , as fully to all intents and purposes as any of the rest . § . . that the number of eight proprietors may be constantly kept ; if upon the vacancy of any proprietorship , the seven surviving proprietors shall not chuse a landgrave to be a proprietor , before the second biennial parliament after the vacancy ; then the next biennial parliament but one , after such vacancy , shall have power to chuse any landgrave to be proprietor . § . . whosoever after the year one thousand seven hundred , either by inheritance or choice , shall succeed any proprietor in his proprietorship , and signiories thereunto belonging , shall be obliged to take the name and arms of that proprietor whom he succeeds ; which from thenceforth shall be the name and arms of his family and their posterity . § . . whatsoever landgrave or cassique shall any way come to be a proprietor , shall take the signiories annex'd to the said proprietorship ; but his former dignity , with the baronies annexed , shall devolve into the hands of the lords proprietors . § . . there shall be just as many landgraves as there are counties , and twice as many cassiques , and no more . these shall be the hereditary nobility of the province , and by right of their dignity be members of parliament . each landgrave shall have four baronies , and each cassique two baronies , hereditarily and unalterably annexed to , and settled upon the said dignity . § . . the first landgraves and cassiques of the twelve first counties to be planted , shall be nominated thus ; that is to say , of the twelve landgraves , the lords proprietors shall each of them separately for himself , nominate and chuse one ; and the remaining four landgraves of the first twelve , shall be nominated and chosen by the palatine's court. in like manner of the twenty four first cassiques , each proprietor for himself shall nominate and chuse two , and the remaining eight shall be nominated and chosen by the palatine's court ; and when the twelve first counties shall be planted , the lords proprietors shall again in the same manner nominate and chuse twelve more landgraves , and twenty four cassiques for the twelve next counties to be planted ; that is to say , two thirds of each number by the single nomination of each proprietor for himself , and the remaining one third by the joint election of the palatine's court , and so proceed in the same manner till the whole province of carolina be set out and planted , according to the proportions in these fundamental constitutions . § . . any landgrave or cassique at any time before the year one thousand seven hundred and one , shall have power to alienate , sell , or make over to any other person , his dignity , with the baronies thereunto belonging , all entirely together . but after the year one thousand seven hundred , no landgrave or cassique shall have power to alienate , sell , make over , or lett the hereditary baronies of his dignity , or any part thereof , otherwise than as in § . . but they shall all entirely , with the dignity thereunto belonging , descend unto his heirs male ; and for want of heirs male , all entirely and undivided , to the next heir general ; and for want of such heirs , shall devolve into the hands of the lords proprietors . § . . that the due number of landgraves and cassiques may be always kept up , if upon the devolution of any landgraveship or cassiqueship , the palatine's court shall not settle the devolved dignity , with the baronies thereunto annexed , before the second biennial parliament after such devolution , the next biennial parliament but one after such devolution shall have power to make any one landgrave or cassique in the room of him , who dying without heirs , his dignity and baronies devolved . § . . no one person shall have more than one dignity , with the signiores or baronies thereunto belonging . but whensoever it shall happen , that any one who is already proprietor , landgrave , or cassique , shall have any of these dignities descend to him by inheritance , it shall be at his choice to keep which of the dignities , with the lands annexed , he shall like best ; but shall leave the other , with the lands annexed , to be enjoyed by him , who not being his heir apparent , and certain successor to his present dignity , is next of blood. § . . whosoever by right of inheritance shall come to be landgrave or cassique , shall take the name and arms of his predecessor in that dignity , to be from thenceforth the name and arms of his family and their posterity . § . . since the dignity , of proprietor , landgrave , or cassique , cannot be divided , and the signiories or baronies thereunto annexed must for ever all entirely descend with , and accompany that dignity , whensoever for want of heirs male it shall descend on the issue female , the eldest daughter and heirs shall be preferred , and in the inheritance of those dignities , and in the signiories or baronies annexed , there shall be no co-heirs . § . . in every signiory , barony , and mannor , the respective lord shall have power in his own name to hold court-leet there , for trying of all causes both civil and criminial ; but where it shall concern any person being no inhabitant , vassal , or leetman of the said signiory , barony , or mannor , he upon paying down of forty shillings to the lords proprietors use , shall have an appeal from the signiory or barony court , to the county court , and from the mannor court to the precinct court. § . . every mannor shall consist of not less than three thousand acres , and not above twelve thousand acres in one entire piece and colony ; but any three thousand acres or more in one piece , and the possession of one man , shall not be a mannor , unless it be constituted a mannor by the grant of the palatine's court. § . . the lords of signiories and baronies shall have power only of granting estates not exceeding three lives , or thirty one years , in two thirds of the said signiories or baronies , and the remaining third shall be always demesne . § . . any lord of a mannor may alienate , sell , or dispose to any other person , and his heirs for ever , his mannor , all entirely together , with all the privileges and leetmen thereunto belonging , so far forth as any other colony lands , but no grant of any part thereof , either in fee , or for any longer term than three lives , or one and twenty years , shall be good against the next heir . § . . no mannor , for want of issue male , shall be divided amongst co-heirs ; but the mannor , if there be but one , shall all entirely descend to the eldest daughter and her heirs . if there be more mannors than one , the eldest daughter first shall have her choice , the second next , and so on ; beginning again at the eldest , till all the mannors be taken up ; that so the privileges which belong to mannors being indivisible , the lands of the mannors to which they are annexed , may be kept entire , and the mannor not lose those privileges , which upon parcelling out to several owners , must necessarily cease . § . . every lord of a mannor , within his mannor , shall have all the powers , jurisdictions , and privileges , which a landgrave or cassique hath in his baronies . § . . in every signiory , barony , and mannor , all the leet-men shall be under the jurisdiction of the respective lords of the said signiory , barony , or mannor , without appeal from him . nor shall any leet-man or leet-woman have liberty to go off from the land of their particular lord , and live any where else , without license obtained from their said lord , under hand and seal . § . . all the children of leet-men shall be leet-men , and so to all generations . § . . no man shall be capable of having a court-leet or leet-men , but a proprietor , landgrave , cassique , or lord of a mannor . § . . whoever shall voluntarily enter himself a leet-man in the registry of the county court , shall be a leet-man . § . . whoever is lord of leet-men , shall upon the marriage of a leet-man or leet-woman of his , give them ten acres of land for their lives , they paying to him therefore not more than one eighth part of all the yearly produce and growth of the said ten acres . § . . no landgrave or cassique shall be try'd for any criminal cause , in any but the chief-justice's court , and that by a jury of his peers . § . . there shall be eight supreme courts . the first called , the palatine's court , consisting of the palatine , and the other seven proprietors . the other seven courts of the other seven great officers , shall consist each of them of a proprietor , and six councellors added to him . under each of these latter seven courts shall be a college of twelve assistants . the twelve assistants of the several colleges shall be chosen ; two out of the landgraves , cassiques , or eldest sons of proprietors , by the palatine's court ; two out of the landgraves , by the landgraves chamber ; two out of the cassiques , by the cassiques chamber ; four more of the twelve shall be chosen by the commons chamber , out of such as have been , or are members of parliament , sheriffs , or justices of the county court , or the younger sons of proprietors , or eldest sons of landgraves of cassiques ; the two other shall be chosen by the palatine's court , out of the same sort of persons out of which the commons chamber is to chuse . § . . out of these colleges shall be chosen at first by the palatine's court , six councellers , to be joined with each proprietor in his court ; of which six , one shall be of those who were chosen into any of the colleges by the palatine's court , out of the landgraves , cassiques , or eldest sons of proprietors , one out of those who were chosen by the landgraves chamber , and one out of those who were chosen by the cassiques chamber , two out of those who were chosen by the commons chamber , and one out of those who were chosen by the palatine's court , out of the proprietors younger sons , or eldest sons of landgraves , cassiques , or commons , qualified as aforesaid . § . . when it shall happen , that any councellor dies , and thereby there is a vacancy , the grand council shall have power to remove any councellor that is willing to be removed out of any of the proprietors courts to fill up the vacancy , provided they take a man of the same degree and choice the other was of , whose vacant place is to be filled up . but if no councellor consent to be removed , or upon such remove , the last remaining vacant place in any of the proprietors courts , shall be filled up by the choice of the grand council , who shall have power to remove out of any of the colleges , any assistant , who is of the same degree and choice that councellor was of , into whose vacant place he is to succeed . the grand council also shall have power to remove any assistant that is willing , out of one college into another , provided he be of the same degree and choice . but the last remaining vacant place in any college , shall be filled up by the same choice , and out of the same degree of persons the assistant was of , who is dead or removed . no place shall be vacant in any proprietors court above six months . no place shall be vacant in any college longer than the next session of parliament . § . . no man , being a member of the grand council , or of any of the seven colleges , shall be turned out but for misdemeanor , of which the grand council shall be judge , and the vacancy of the person so put out shall be filled , not by the election of the grand council , but by those who first chose him , and out of the same degree he was of , who is expelled . but it is not hereby to be understood , that the grand council hath any power to turn out any one of the lords proprietors , or their deputies , the lords proprietors having in themselves an inherent original right . § . . all elections in the parliament , in the several chambers of the parliament , and in the grand council , shall be passed by balotting . § . . the palatine's court shall consist of the palatine , and seven proprietors , wherein nothing shall be acted without the presence and consent of the palatine or his deputy , and three others of the proprietors or their deputies . this court shall have power to call parliaments , to pardon all offences , to make elections of all officers in the proprieters dispose , and to nominate and appoint port-towns : and also shall have power , by their order to the treasurer , to dispose of all publick treasure , excepting money granted by the parliament , and by them directed to some particular publick use : and also shall have a negative upon all acts , orders , votes , and judgments , of the grand council and the parliament , except only as in § . . and . and shall have all the powers granted to the lords proprietors , by their patent from our sovereign lord the king , except in such things as are limited by these fundamental constitutions . § . . the palatine himself , when he in person shall be either in the army , or in any of the proprietors courts , shall then have the power of general , or of that proprietor in whose court he is then present , and the proprietor , in whose court the palatine then presides , shall during his presence there be but as one of the council . § . . the chancellor's court , consisting of one of the proprietors and his six councellors , who shall be called vice-chancellors , shall have the custody of the seal of the palatinate , under which all charters of lands or otherwise , commissions and grants of the palatine's court , shall pass . and it shall not be lawful to put the seal of the palatinate to any writing which is not signed by the palatine , or his deputy , and three other proprietors , or their deputies . to this court also belongs all state matters , dispatches and treaties with the neighbour indians . to this court also belongs all invasions of the law , of liberty of conscience , and all disturbances of the publick peace upon pretence of religion , as also the licence of printing . the twelve assistants belonging to this court shall be called recorders . § . . whatever passes under the seal of the palatinate , shall be register'd in that proprietor's court to which the matter therein contained belongs . § . . the chancellor or his deputy shall be always speaker in parliament , and president of the grand council , and in his and his deputy's absence , one of his vice-chancellors . § . . the chief-justice's court , consisting of one of the proprietors and his six councellors , who shall be called justices of the bench , shall judge all appeals in cases both civil and criminal , except all such cases as shall be under the jurisdiction and cognizance of any other of the proprietors courts , which shall be tried in those courts respectively . the government and regulation of the registries of writings and contracts , shall belong to the jurisdiction of this court. the twelve assistants of this court shall be called masters . § . . the constables court , consisting of one of the proprietors and his six councellors , who shall be called marshals , shall order and determine of all military affairs by land , and all land-forces , arms , ammunition , artillery , garrisons and forts , &c. and whatever belongs unto war. his twelve assistants shall be called lieutenant-generals . § . . in time of actual war , the constable , whilst he is in the army , shall be general of the army , and the six councellors , or such of them as the palatine's court shall for that time or service appoint , shall be the immediate great officers under him , and the lieutenant-generals next to them . § . . the admiral 's court , consisting of one of the proprietors and his six councellors called consuls , shall have the care and inspection over all ports , moles , and navigable rivers , so far as the tide flows , and also all the publick shipping of carolina , and stores thereunto belonging , and all maritime affairs . this court also shall have the power of the court of admiralty ; and shall have power to constitute judges in port-towns , to try cases belonging to law-merchant , as shall be most convenient for trade . the twelve assistants belonging to this court shall be called pro-consuls . § . . in time of actual war , the admiral whilst he is at sea , shall command in chief , and his six councellors , or such of them as the palatine's court shall for that time and service appoint , shall be the immediate great officers under him , and the pro-consuls next to them . § . the treasurer's court , consisting of a proprietor , and his six councellors , called vnder-treasurers , shall take care of all matters that concern the publick revenue and treasury . the twelve assistants shall be called auditors . § . . the high-stewards court , consisting of a proprietor and his six councellors , called comptrollers , shall have the care of all foreign and domestick trade , manufactures , publick buildings , work-houses , high-ways , passages by water above the floud of the tide , drains , sewers and banks , against inundations , bridges , posts , carriers , fairs , markets , corruption or infection of the common air or water , and all things in order to the publick commerce and health ; also setting out and surveying of lands ; and also setting out and appointing places for towns to be built on in the precincts , and the prescribing and determining the figure and bigness of the said towns , according to such models as the said court shall order , contrary or differing from which models , it shall not be lawful for any one to build in any town . this court shall have power also to make any publick building , or any new high-way , or enlarge any old high-way , upon any man's land whatsoever ; as also to make cuts , channels , banks , locks , and bridges , for making rivers navigable , or for draining fens , or any other publick use . the damage the owner of such lands ( on or through which any such publick thing shall be made ) shall receive thereby , shall be valued , and satisfaction made by such ways as the grand council shall appoint . the twelve assistants belonging to this court , shall be called surveyors . § . . the chamberlain's court , consisting of a proprietor and his six councellors , called vice-chamberlains , shall have the care of all ceremonies , precedency , heraldry , reception of publick messengers , pedegrees , the registry of all births , burials , and marriages , legitimation , and all cases concerning matrimony , or arising from it ; and shall also have power to regulate all fashions , habits , badges , games , and sports . to this court also it shall belong , to convocate the grand council . the twelve assistants belonging to this court , shall be called provosts . § . . all causes belonging to , or under the jurisdiction of any of the proprietors courts , shall in them respectively be tryed , and ultimately determined , without any farther appeal . § . . the proprietors courts shall have a power to mitigate all fines , and suspend all executions in criminal causes , either before or after sentence in any of the other inferior courts respectively . § . . in all debates , hearings or trials , in any of the proprietors courts , the twelve assistants belonging to the said courts respectively , shall have liberty to be present , but shall not interpose unless their opinions be required , nor have any vote at all ; but their business shall be , by the direction of the respective courts , to prepare such business as shall be committed to them ; as also to bear such offices , and dispatch such affairs , either where the court is kept , or elsewhere , as the court shall think fit . § . . in all the proprietors courts , the proprietor , and any three of his councellors shall make a quorum ; provided always , that for the better dispatch of business , it shall be in the power of the palatine's court to direct what sort of causes shall be heard and determined by a quorum of any three . § . . the grand council shall consist of the palatine and seven proprietors , and the forty two councellors of the several proprietors courts , who shall have power to determine any controversies that may arise between any of the proprietors courts , about their respective jurisdictions , or between the members of the same court , about their manner and methods of proceeding : to make peace and war , leagues , treaties , &c. with any of the neighbour indians : to issue out their general orders to the constable's and admiral 's courts , for the raising , disposing , or disbanding the forces by land or by sea. § . . the grand council shall prepare all matters to be proposed in parliament . nor shall any matter whatsover be proposed in parliament , but what hath first passed the grand council ; which after having been read three several days in the parliament , shall by majority of votes be passed or rejected . § . . the grand council shall always be judges of all causes and appeals that concern the palatine , or any of the lords proprietors , or any councellor of any proprietor's court , in any cause which otherwise should have been tried in the court in which the said councellor is judge himself . § . . the grand council by their warrants to the treasurer's court , shall dispose of all the money given by the parliament , and by them directed to any particular publick use . § . . the quorum of the grand council shall be thirteen , whereof a proprietor or his deputy shall be always one . § . . the grand council shall meet the first tuesday in every month , and as much oftner as either they shall think fit , or they shall be convocated by the chamberlain's court. § . . the palatine , or any of the lords proprietors , shall have power under hand and seal , to be registred in the grand council to make a deputy , who shall have the same power to all intents and purposes as he himself who deputes him , except in confirming acts of parliament , as in § . . and except also in nominating and chusing landgraves and cassiques , as in § . . all such deputations shall cease and determine at the end of four years , and at any time shall be revocable at the pleasure of the deputator . § . . no deputy of any proprietor shall have any power whilst the deputator is in any part of carolina , except the proprietor , whose deputy he is , be a minor. § . . during the minority of any proprietor , his guardian shall have power to constitute and appoint his deputy . § . . the eldest of the lords proprietors , who shall be personally in carolina , shall of course be the palatine's deputy ; and if no proprietor be in carolina , he shall chuse his deputy out of the heirs apparent of any of the proprietors , if any such be there ; and if there be no heir apparent of any of the lords proprietors above one and twenty years old in carolina , then he shall chuse for deputy any one of the landgraves at the grand council ; and till he have by deputation under hand and seal chosen any one of the forementioned heirs apparent or landgraves to be his deputy , the eldest man of the landgraves , and for want of a landgrave , the eldest man of the cassiques , who shall be personally in carolina , shall of course be his deputy . § . . each proprietor's deputy shall be always one of his own six councellors respectively ; and in case any of the proprietors hath not in his absence out of carolina a deputy , commissionated under his hand and seal , the eldest nobleman of his court shall of course be his deputy . § . . in every county there shall be a court , consisting of a sheriff and four justices of the county , for every precinct one . the sheriff shall be an inhabitant of the county , and have at least five hundred acres of freehold within the said county ; and the justices shall be inhabitants , and have each of them five hundred acres apiece freehold within the precinct for which they serve respectively . these five shall be chosen and commissionated from time to time by the palatine's court. § . . for any personal causes exceeding the value of two hundred pounds sterling , or in title of land , or in any criminal cause , either party , upon paying twenty pounds sterling to the lords proprietors use , shall have liberty of appeal from the county court unto the respective proprietor's court. § . . in every precinct there shall be a court , consisting of a steward and four justices of the precinct , being inhabitants , and having three hundred acres of freehold within the said precinct , who shall judge all criminal causes , except for treason , murther , and any other offences punishable with death , and except all criminal causes of the nobility ; and shall judge also all civil causes whatsoever ; and in all personal actions , not exceeding fifty pounds sterling , without appeal : but where the cause shall exceed that value , or concern a title of land , and in all criminal causes , there , either party , upon paying five pounds sterling to the lords proprietors use , shall have liberty of appeal to the county court. § . . no cause shall be twice tried in any one court , upon any reason or pretence whatsoever . § . . for treason , murther , and all other offences punishable with death , there shall be a commission , twice a year at least , granted unto one or more members of the grand council , or colleges , who shall come as itinerant judges to the several counties , and , with the sheriff and four justices shall hold assizes to judge all such causes : but upon paying of fifty pounds sterling to the lords proprietors use , there shall be liberty of appeal to the respective proprietor's court. § . . the grand-jury at the several assizes , shall , upon their oaths , and under their hands and seals , deliver in to the itinerant judges , a presentment of such grievances , misdemeanors , exigences , or defects which they think necessary for the publick good of the county ; which presentment shall by the itinerant judges , at the end of their circuit , be delivered in to the grand council at their next sitting . and whatsoever therein concerns the execution of laws already made , the several proprietors courts in the matters belonging to each of them respectively shall take cognizance of it , and give such orders about it , as shall be effectual for the due execution of the laws . but whatever concerns the making of any new law , shall be referred to the several respective courts to which that matter belongs , and be by them prepared and brought to the grand council . § . . for terms , there shall be quarterly such a certain number of days , not exceeding one and twenty at any one time , as the several respective courts shall appoint . the time for the beginning of the term in the precinct court , shall be the first monday in january , april , july and october ; in the county court , the first monday in february , may , august and november ; and in the proprietors courts , the first monday in march , june , september and december . § . . in the precinct court no man shall be a jury-man under fifty acres of freehold . in the county court , or at the assizes , no man shall be a grand jury-man under three hundred acres of freehold ; and no man shall be a petty jury-man under two hundred acres of freehold . in the proprietors courts no man shall be a jury-man under five hundred acres of freehold . § . . every jury shall consist of twelve men ; and it shall not be necessary they should all agree , but the verdict shall be according to the consent of the majority . § . . it shall be a base and vile thing to plead for money or reward ; nor shall any one ( except he be a near kinsman , not farther off than cousin-german to the party concern'd ) be permitted to plead another man's cause , till before the judge in open court he hath taken an oath , that he doth not plead for money or reward , nor hath nor will receive , nor directly nor indirectly bargain'd with the party whose cause he is going to plead , for money or any other reward for pleading his cause . § . . there shall be a parliament , consisting of the proprietors , or their deputies , the landgraves and cassiques , and one freeholder out of every precinct , to be chosen by the freeholders of the said precinct respectively . they shall sit altogether in one room , and have every member one vote . § . . no man shall be chosen a member of parliament , who hath less than five hundred acres of freehold within the precinct for which he is chosen ; nor shall any have a vote in chusing the said member that hath less than fifty acres of freehold within the said precinct . § . . a new parliament shall be assembled the first monday of the month of november every second year , and shall meet and sit in the town they last sat in , without any summons , unless by the palatine's court they be summon'd to meet at any other place . and if there shall be any occasion of a parliament in these intervals , it shall be in the power of the palatine's court to assemble them in forty days notice , and at such time and place as the said court shall think fit ; and the palatine's court shall have power to dissolve the parliament when they shall think fit . § . . at the opening of every parliament , the first thing that shall be done , shall be the reading of these fundamental constitutions , which the palatine and proprietors , and the rest of the members then present , shall subscribe . nor shall any person whatsoever sit or vote in the parliament , till he hath that session subscribed these fundamental constitutions , in a book kept for that purpose by the clerk of the parliament . § . . in order to the due election of members for the biennial parliament , it shall be lawful for the freeholders of the respective precincts to meet the first tuesday in september every two years , in the same town or place that they last met in to chuse parliament-men , and there chuse those members that are to sit the next november following , unless the steward of the precinct shall by sufficient notice thirty days before , appoint some other place for their meeting , in order to the election . § . . no act or order of parliament shall be of any force , unless it be ratified in open parliament during the same session , by the palatine or his deputy , and three more of the lords proprietors , or their deputies , and then not to continue longer in force but until the next biennial parliament , unless in the mean time it be ratified under the hands and seals of the palatine himself , and three more of the lords proprietors themselves , and by their order publish'd at the next biennial parliament . § . . any proprietor or his deputy may enter his protestation against any act of the parliament , before the palatine or his deputy's consent be given as aforesaid , if he shall conceive the said act to be contrary to this establishment , or any of these fundamental constitutions of the government . and in such case , after a full and free debate , the several estates shall retire into four several chambers , the palatine and proprietors into one , the landgraves into another , the cassiques into another , and those chosen by the precincts into a fourth ; and if the major part of any of the four estates shall vote , that the law is not agreeable to this establishment , and these fundamental constitutions of the government , then it shall pass no farther , but be as if it had never been proposed . § . . the quorum of the parliament shall be one half of those who are members , and capable of sitting in the house that present sessions of parliament . the quorum of each of the chambers of parliament , shall be one half of the members of that chamber . § . . to avoid multiplicity of laws , which by degrees always change the right foundations of the original government ; all acts of parliament whatsoever , in whatsoever form passed or enacted , shall at the end of a hundred years after their enacting , respectively cease and determine of themselves , and without any repeal become null and void , as if no such acts or laws had ever been made . § . . since multiplicity of comments , as we ●●a● of laws , have great inconveniences , and serve only to obscure and perplex ; all manner of comments and expositions on any part of these fundamental constitutions , or any part of the common or statute law of carolina , are absolutely prohibited . § . . there shall be a registry in every precinct , wherein shall be enrolled all deeds , leases , judgments , mortgages , and other conveyances , which may concern any of the land within the said precinct ; and all such conveyances not so entred or registred , shall not be of force against any person nor party to the said contract or conveyance . § . . no man shall be register of any precinct , who hath not at least three hundred acres of freehold within the said precinct . § . . the freeholders of every precinct shall nominate three men , out of which three the chief justice's court shall chuse and commission one to be register of the said precinct , whilst he shall well behave himself . § . . there shall be a registry in every signiory , barony , and colony ▪ wherein shall be recorded all the births , marriages , and deaths , that shall happen within the respective signiories , baronies , and colonies . § . . no man shall be register of a colony that hath not above fifty acres of freehold within the said colony . § . . the time of every one's age that is born in carolina , shall be reckoned from the day that his birth is entred in the registry , and not before . § . . no marriage shall be lawful , whatever contract and ceremony they have used , till both the parties mutually own it before the register of the place , where they were married , and he register ●● with the names of the father and mother of each party . § . . no man shall administer to the goods , or have right to them , or enter upon the estate of any person deceased , till his death be registred in the respective registry . § . . he that doth not enter in the respective registry , the birth or death of any person that is born , or dies in his house or ground , shall pay to the said register one shilling per week , for each such neglect , reckoning from the time of each birth or death respectively , to the time of registring it . § . . in like manner the births , marriages , and deaths of the lords proprietors , landgraves , and cassiques , shall be registred in the chamberlain's court. § . . there shall be in every colony one constable , to be chosen annually by the freeholders of the colony : his estate shall be above a hundred acres of freehold within the said colony , and such subordinate officers appointed for his assistance , as the county court shall find requisite , and shall be established by the said county court. the election of the subordinate annual officers shall be also in the freeholders of the colony . § . . all towns incorporate shall be governed by a mayor , twelve aldermen , and twenty four of the common-council . the said common-council shall be chosen by the present housholders of the said town ; the aldemen shall be chosen out of the common-council , and the mayor out of the aldermen by the palatine's court. § . . it being of great consequence to the plantation , that port-towns should be built and preserved ; therefore whosoever shall lade or unlade any commodity at any other place but a port-town , shall forfeit to the lords proprietors for each tun so laden or unladen , the sum of ten pounds sterling , except only such goods , as the palatine's court shall licence to be laden or unladen elsewhere . § . . the first port-town upon every river , shall , be in a colony , and be a port-town for ever . § . . no man shall be permitted to be a freeman of carolina , or to have any estate or habitation within it , that doth not acknowledge a god , and that god is publickly and solemnly to be worshipped . § . . as the country comes to be sufficiently planted and distributed into fit divisions , it shall belong to the parliament to take care for the building of churches , and the publick maintenance of divines , to be employed in the exercise of religion , according to the church of england , which being the only true and orthodox , and the national religion of all the king's dominions , is so also of carolina , and therefore it alone shall be allowed to receive publick maintenance by grant of parliament . but since the natives of that place who will be concerned in our plantation , are utterly strangers to christianity , whose idolatry , ignorance , or mistake , gives us no right to expel , or use them ill ; and those who remove from other parts to plant there , will unavoidably be of different opinions concerning matters of religion , the liberty whereof they will expect to have allowed them , and it will not be reasonable for us , on this account , to keep them out ; that civil peace may be maintained amidst the diversity of opinions , and our agreement and compact with all men , may be duly and faithfully observed , the violation thereof upon what pretence soever , cannot be without great offence to almighty god , and great scandal to the true religion which we profess ; and also that jews , heathens , and other dissenters from the purity of christian religion , may not be scared and kept at a distance from it , but by having an opportunity of acquainting themselves with the truth and reasonableness of its doctrines , and the peaceableness and inoffensiveness of its professors , may by good vsage and perswasion , and all those convincing methods of gentleness and meekness , suitable to the rules and design of the gospel , be won over to embrace , and unfeignedly receive the truth ; therefore , any seven , or more persons agreeing in any religion , shall constitute a church or profession , to which they shall give some name , to distinguish it from others . § . . the terms of admittance and communion with any church or profession , shall be written in a book , and therein be subscribed by all the members of the said church or profession ; which book shall be kept by the publick register of the precinct where they reside . § . . the time of every ones subscription and admittance , shall be dated in the said book , or religious record . § . . in the terms of communion of every church or profession , these following shall be three , without which no agreement or assembly of men , upon pretence of religion , shall be accounted a church or profession , wiehin these rules : i. that there is a god. ii. that god is publickly to be worshipped . iii. that it is lawful , and the duty of every man , being thereunto called by those that govern , to bear witness to truth ; and that every church or profession shall in their terms of communion set down the external way whereby they witness a truth as in the presence of god , whether it be by laying hands on , or kissing the bible , as in the church of england , or by holding up the hand , or any other sensible way . § . . no person above seventeen years of age , shall have any benefit or protection of the law , or be capable of any place of profit or honour , which is not a member of some church or profession , having his name recorded , in some one and but one religious record , at once . § . . no person of any other church or profession , shall disturb or molest any religious assembly . § . . no person whatsoever , shall speak anything in their religions assembly , irreverently or seditiously , of the government or governours , or state-matters . § . . any person subscribing the terms of communion in the record of the said church or profession , before the precinct register , and any five members of the said church or profession , shall be thereby made a member of the said church or profession . § . . any person striking out his own name , out of any religious record , or his name being struck out by any officer thereunto authorized by each church or profession respectively , shall cease to be a member of that church or profession . § . . no man shall use any reproachful , reviling , or abusive language , against the religion of any church or profession , that being the certain way of disturbing the peace , and of hindring the conversion of any to the truth , by engaging them in quarrels and animosities , to the hatred of the professors and that profession , which otherwise they might be brought to assent to . § . . since charity obliges us to wish well to the souls of all men , and religion ought to alter nothing in any man 's civil estate or right , it shall be lawful for slaves as well as others , to enter themselves , and be of what church or profession any of them shall think best , and thereof be as fully members as any freeman . but yet no slave shall hereby be exempted from that civil dominion his master hath over him , but be in all other things in the same state and condition he was in before . § . . assemblies , upon what pretence soever of religion , not observing and performing the abovesaid rules , shall not be esteemed as churches , but unlawful meetings , and be punished as other riots . § . . no person whatsoever , shall disturb , molest or persecute another for his speculative opinions in religion , or his way of worship . § . . every freeman of carolina shall have absolute power and authority over his negro slaves , of what opinion or religion soever . § . . no cause , whether civil or criminal , of any freeman , shall be tried in any court of judicature , without a jury of his peers . § . . no person whatsoever shall hold or claim any land in carolina by purchase or gift , or otherwise , from the natives or any other whatsoever , but meerly from and under the lords proprietors , upon pain of forfeiture of all his estate , moveable or immoveable , and perpetual banishment . § . . whosoever shall possess any freehold in carolina , upon what title or grant soever , shall at the farthest from and after the year one thousand six hundred eighty nine , pay yearly unto the lords proprietors for each acre of land , english measure , as much fine silver as is at this present in one english penny , or the value thereof to be as a chief rent and acknowledgment to the lords proprietors , their heirs and successors for ever . and it shall be lawful for the palatine's court by their officers at any time , to take a new survey of any man's land , not to out him of any part of his possession , but that by such a survey the just number of acres he possesseth , may be known , and the rent thereupon due , may be paid by him . § . . all wrecks , mines , minerals , quarries of gems , and precious stones , with pearl-fishing , whale-fishing , and one half of all ambergreece , by whomsoever found , shall wholly belong to the lords proprietors . § . all revenues and profits belonging to the lords proprietors , in common , shall be divided into ten parts , whereof the palatine shall have three , and each proprietor one ; but if the palatine shall govern by a deputy , his deputy shall have one of those three tenths , and the palatine the other two tenths . § . . all inhabitants and freemen of carolina above seventeen years of age , and under sixty , shall be bound to bear arms , and serve as soldiers whenever the grand council shall find it necessary . § . . a true copy of these fundamental constitutions shall be kept in a great book by the register of every precinct , to be subscribed before the said register . nor shall any person , of what condition or degree soever , above seventeen years old , have any estate or possession in carolina , or protection or benefit of the law there , who hath not before a precinct register subscribed these fundamental constitutions in this form : i a. b. do promise to bear faith and true allegiance to our soveraign lord king charles the second , his heirs and successors ; and will be true and faithfull to the palatine and lords proprietors of carolina , their heirs and successors , and with my utmost power will defend them , and maintain the government according to this establishment in these fundamental constitutions . § . . whatsoever alien shall in this form , before any precinct register subscribe these fundamental constitutions , shall be thereby naturalized . § . . in the same manner shall every person at his admittance into any office , subscribe these fundamental constitutions . § . . these fundamental constitutions , in number a hundred and twenty , and every part thereof , shall be and remain the sacred and unalterable form and rule of government of carolina , for ever . witness our hands and seals , the first day of march , . rules of precedency . . the lords proprietors , the eldest in age first , and so in order . . the eldest sons of the lords proprietors , the eldest in age first , and so in order . . the landgraves of the grand council , he that hath been longest of the grand council first , and so in order . . the cassiques of the grand council , he that hath been longest of the grand council first , and so in order . . the seven commoners , of the grand council that have been longest of the grand council , he that hath been longest of the grand council first , and so in order . . the youngest sons of proprietors , the eldest first , and so in order . . the landgraves , the eldest in age first , and so in order . . the seven commoners , who next to those before mentioned have been longest of the grand council , he that hath been longest of the grand council first , and so in order . . the cassiques , the eldest in age first , and so in order . . the seven remaining commoners of the grand council , he that hath been longest of the grand council first , and so in order . . the male line of the proprietors . the rest shall be determined by the chamberlain's court. copy of the fundamental constitutions of carolina . agreed on by all the lords proprietors , and signed and sealed by them , ( the original being sent to carolina by major daniel : ) april the eleventh , . our late sovereign lord king charles iid , having out of his royal grace and bounty , granted unto us , the province of carolina , with all the royalties , properties , jurisdictions and priviledges of a county palatine , as large and ample as the county palatine of durham , with other great priviledges ; for the better settlement of the government of the said place , and establishing the interest of the lords proprietors with equality , and without confusion ; and that the government may be made most agreeable to the monarchy under which we live , and of which this province is a part ; and that we may avoid erecting a numerous democracy , we the lords proprietors of the province aforesaid , with the advice and consent of the landgraves and cassiques and commons in this present parliament assembled , have agreed to this following form of government , to be perpetually establish'd amongst us , unto which we do oblige our selves , our heirs and successors , in the most binding ways that can be devised . . the proprietor's court shall consist of the palatine , and seven proprietors ; wherein nothing shall be acted without the presence and consent of the palatine , and three others of the lords proprietors : this court shall have power to call and dissolve parliaments , to pardon all offences , to make elections of all offices in the proprietor's disposal , to nominate and appoint port towns ; and also , shall have power by their order , to the treasurer , to dispose of all publick treasure , excepting money granted by the parliament , and by them directed to some particular publick use : and also , shall have a negative upon all acts , orders , votes and judgments of the parliament . and shall have all power granted to the lords proprietors , by their patent , from our sovereign lord the king , except in such things as are limited by these fundamental constitutions . . during the absence of the palatine and proprietors from carolina , the governour , commissionated by the proprietors , together with their respective deputies , shall be the proprietor's court there , and shall have all the powers above mentioned , excepting in pardoning offences , and constituting port-towns . . in the proprietor's court , the palatine , and any three of the proprietors or the governour , and any three of the proprietor's deputys shall make a quorum . . no deputy of any proprietor shall have any power , whilst the deputator is in any part of carolina , except the proprietor ( whose deputy he is ) be a minor. . during the minority of any proprietor , his guardian shall have power to constitute and appoint his deputy . . there shall be a parliament , consisting of the proprietors or their deputies , by themselves , the landgraves and cassiques in the upper house , and the freeholders out of every county , to be chosen by the freeholders of the said county , respectively ; together with the citizens and burgesses , to be elected by the cities and borroughs ( which shall be hereafter created ) in the lower house . . and since all power and dominion is most naturally founded in property , and that it is reasonable that every man , who is empowered to dispose of the property and estate of others , should have a property of his own , whereby he is tyed in interest to the good and welfare of that place and government , whereby he is entrusted with such power ; it is therefore declared and appointed , that no person shall be admitted , or shall continue to sit or vote in parliament as a landgrave , who has not actually taken up , and has in his possession at least , _____ acres , part of the land granted him in his patent and _____ slaves , or in the possession of his tennants , _____ acres of land. and whose real and personal estate shall not be worth at least , _____ pounds : nor as a cassique to sit or vote in parliament , who has not actually taken up , and has in his possession at least , _____ acres , part of the land granted him in his patent and _____ slaves , or in the possession of his tenants _____ acres of land. and whose real and personal estate shall not be worth at least , _____ pounds . no person shall be admitted , or continue to sit or vote in parliament as a representative of the commons of carolina , who is not possess'd of at least , _____ acres of land : and whose real and personal estate is not worth _____ pounds . . no person shall be capable of giving his voice for the election of a member to serve in parliament , that is not actually possess'd of _____ acres of land , and is a housholder , and has a family , and whose real and personal estate does not amount to _____ pounds . . the present number of the representatives of the commons shall be _____ who ( as the country shall encrease ) shall also proportionably be encreased , if the commons do so desire , but shall in no future time be encreased , beyond one hundred . . and pursuant to that just maxim of government above mentioned , and for the preservation of the ballance of power , according to the proportion of the property , it is declared and appointed , that the number of the representatives of the people to be sent from any county or place , shall be more or less , according to the charges born , and money paid by each respective division of the country , in the last general assessment foregoing such election . . the landgraves and cassiques who compose the upper-house , shall not at any time exceed half the number of the commons . . the landgraves and cassiques shall be created by the lords proprietors letters patents , under their great seal , by the joynt election of the proprietors , or a quorum of them , which shall be the hereditary nobility of the province of carolina ; and by righ● of their dignity , be members of the upper-house of parliament , each landgrave shall have _____ acres of land , to be taken up in _____ several counties and each cassique _____ acres of land to be taken up in _____ several counties , and the said honour and dignity shall descend to the eldest son , unless by deed or will devis'd to any other of the sons , or for want of sons to the eldest daughter ; unless as aforesaid ; and for want of such to the next heir ( unless devised as aforesaid by deed or will ) to be attested by three credible witnesses , whereof one at least to be of the nobility ) to any other person . . and to the end , that such an order of persons being made noble , and invested with great powers and privileges , whereby to engage them in a more particular affection towards this settlement and country of carolina , may not fall into contempt , or be any ways injurious to the constitution of the government , it is declared and appointed that whatsoever landgrave or cassique , his heirs and successors , shall not be qualified as in article th , and so be excluded from the aforesaid priviledge of sitting and voting in the upper house , and shall continue defective in the said qualification for the space of forty years successively , such landgrave or cassique , his heirs and successors shall from thenceforth be for ever utterly excluded , and his or their dignity , honour , priviledge and title of landgrave or cassique shall cease and be utterly lost , and the letters patents of creation of such dignity shall be vacated . . and in order to the due election of members for the biennial parliament , it shall be lawful for the freeholders of the respective precinct to meet the first tuesday in september every two years , in the same town or place they last met in , to choose parliament-men , and there to choose those members that are to sit ▪ next november following , unless the proprietors court shall by sufficient notice _____ days before , appoint some other place for their meeting . . a new parliament shall be assembled the first monday of the month of november every second year , and shall meet and sit in the town they last sat in , without any summons , unless by the proprietors court in carolina they be summoned to meet at any other place , and if there shall be occasion of a parliament in these intervals , it shall be in the power of the proprietors court to assemble them in _____ days notice , and at such time and place , as the court shall think fit . . at the opening of every parliament , the first thing that shall be done , shall be the reading of these fundamental constitutions , which the palatine and the proprietors , and the members then present , shall subscribe ; nor shall any person whatsoever sit or vote in the parliament , till he has in that session subscrib'd these fundamental constitutions , in a book kept for that purpose , by the clerk of the parliament . . any act or order of parliament that is ratifyed in open parliament , during the same session , by the governor and three more of the lords proprietors deputies , shall be in force , and continue till the palatine himself and three more of the lords proprietors themselves signifie their dissent to any of the said acts or orders , under their hands and seals . but if ratified under their hands and seals , then to continue according to the time limited in such act. . the whole province shall be divided into counties by the parliament . . no proprietor , landgrave or cassique , shall hereafter take up a signory or barony that shall exceed four thousand acres or thereabouts for a proprietor or landgrave ; and two thousand acres or thereabouts , for a cassique in one county . . no cause , whether civil or criminal , of any freeman , shall be tryed in any court of judicature , without a jury of his peers . . no landgrave or cassique shall be tryed for any criminal cause in any but the chief justices court , and that by a jury of his peers , unless a sufficient number of such cannot be legally had , and then to be supplyed by the best and most sufficient free-holders . . if upon the decease of the governor , no person be appointed by the lords proprietors to succeed him , then the proprietor's deputies shall meet and choose a governor , till a new commission be sent from the lords proprietors , under their hands and seals . . ballotting shall be continued in all elections of the parliament , and in all other cases where it can conveniently be used . . no man shall be permitted to be a freeman of carolina , or to have any estate or habitation within it , that does not acknowledge a god , and that god is publickly and solemnly to be worshipped . . as the country comes to be sufficiently planted and distributed into fit divisions , it shall belong to the parliament to take care for the building of churches , and the publick maintenance of divines to be employed in the exercise of religion , according to the church of england , which being the only true and orthodox , and the national religion of the king's dominions , is so also of carolina , and therefore it alone shall be allowed to receive publick maintenance by grant of parliament . . any seven or more persons agreeing in any religion , shall constitute a church or profession , to which they shall give some name to distinguish it from others . . the terms of admittance and communion with any church or profession , shall be written in a book , and therein be subscribed by all the members of the said church or profession , which shall be kept by the publick register of the precinct wherein they reside . . the time of every one's subscription and admittance , shall be dated in the said book of religious records . . in the terms of communion of every church or profession , these following shall be three , without which no agreement or assembly of men upon pretence of religion shall be accounted a church or profession , within these rules : i. that there is a god. ii. that god is publickly to be worshipped . iii. that it is lawful , and the duty of every man , being thereunto called by those that govern , to bear witness to truth , and that every church or profession shall in their terms of communion set down the external way whereby they witness a truth as in the presence of god , whether it be by laying hands on , or kissing the bible , as in the church of england , or by holding up the hand , or any sensible way . . no person above seventeen years of age , shall have any benefit or protection of the law , or be capable of any place of profit or honour , who is not a member of some church or profession , having his name recorded in some one , and but one religious record at once . . no person of any church or profession shall disturb or molest any religious assembly . . no person whatsoever shall speak any thing in their religious assembly , irreverently or seditiously of the government or governour , or of state-matters . . any person subscribing the terms of communion in the records of the said church or profession before the precinct register , and any five members of the said church or profession , shall be thereby made a member of the said church or profession . . any person striking out his own name out of any religious records , or his name being struck out by any officer thereunto authorized by each church or profession respectively , shall cease to be a member of that church or profession . . no man shall use any reproachful , reviling or abusive language against the religion of any church of profession , that being the certain way of disturbing the peace , and of hindering the conversion of any to the truth , by engaging them in quarrels , and animosities , to the hatred of the professors and that profession , which otherwise they may be brought to assent to . . since charity obliges us to wish well to the souls of all men , and religion ought to alter nothing in any man 's civil estate or right , it shall be lawful for slaves as well as others , to enter themselves , and be of what church or profession any of them shall think best , and thereof be as fully members as any freeman ; but yet no slave shall hereby be exempted from that civil dominion his master had over him , but be in all other things in the same state and condition he was in before . . assemblys upon what pretence soever of religion , not observing and performing the abovesaid rules , shall not be esteemed as churches , but unlawful meetings , and be punished as other riots . . no person whatsoever shall disturb , molest or prosecute another for his speculative opinions in religion , or his way of worship . . every freeman of carolina shall have absolute power and authority over his negro slave , of what opinion or religion soever . . any person at his admittance into any office or place of trust whatsoever , shall subscribe these fundamental constitutions in this form : i a. b. do promise to bear faith and true allegiance to our soveraign lord king william , and will be true and faithful to the palatine and lords proprietors of carolina , their heirs and successors , and with my utmost power will defend them , and maintain the government according to this establishment , in these fundamental constitutions . these fundamental constitutions in number forty one , and every part thereof shall be and remain the inviolable form and rule of government of carolina , for ever . witness our hands and seals , this eleventh day of april , . bath palatine . a. ashley . craven . bath for the lord carterett . william thornburgh for sir john colleton . tho. amy. william thornburgh . finis . an exact abridgement of the records in the tower of london from the reign of king edward the second, unto king richard the third, of all the parliaments holden in each kings reign, and the several acts in every parliament : together with the names and titles of all the dukes, marquesses, earls, viscounts, and barons, summoned to every of the said parliaments / collected by sir robert cotton ... ; revised, rectified in sundry mistakes, and supplied with a preface, marginal notes, several ommissions, and exact tables ... by william prynne ... england and wales. parliament. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an exact abridgement of the records in the tower of london from the reign of king edward the second, unto king richard the third, of all the parliaments holden in each kings reign, and the several acts in every parliament : together with the names and titles of all the dukes, marquesses, earls, viscounts, and barons, summoned to every of the said parliaments / collected by sir robert cotton ... ; revised, rectified in sundry mistakes, and supplied with a preface, marginal notes, several ommissions, and exact tables ... by william prynne ... england and wales. parliament. cotton, robert, sir, - . prynne, william, - . [ ] p. printed for william leake ..., london : . reproduction of original in union theological seminary library, new york. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng tower of london (london, england) constitutional history -- great britain -- sources. archives -- great britain. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion an exact abridgement of the records in the tower of london , from the reign of king edward the second , unto king richard the third , of all the parliaments holden in each kings reign , and the several acts in every parliament : together with the names and titles of all the dukes , marquesses , earls , viscounts , and barons , summoned to every of the said parliaments . collected by sir robert cotton knight and baronet . revised , rectified in sundry mistakes , and supplied with a preface , marginal notes , several omissions , and exact tables , both of the special matters , great officers speakers , nobles , and other persons therein conteined . by william prynne esquire , a bencher of lincolns inne . london , printed for william leake stationer , at the crown in fleetstreet , between the two temple gates , . the preface to the reader . courteous reader , having already published to the world , a (a) chronological epitome , or summary collection of all the extant parliamentary councils , synods , and publike state-assemblies held within the realm of great britain , upon several occasions , from the britons first arival in it under king brute , ( as our old historians generally assert ) till the coronation of king william the norman , anno dom. . ( conteining the space of years , or thereabouts , after the computation of the (b) chronicle of bromton , and (c) others ; ) and having likewise an intention ( if god shall vouchsafe me life , health , liberty , opportunity and encouragements ) to collect and publish , an exact chronological history of all the great councils , synods , parliaments , state assemblies , and the several consultations , debates , acts , edicts , laws , statutes , ordinances , iudgements , petitions , proceedings in them , and writs of summons to them , extant either in histories or records , & all other usefull records , from the crowning of k. william the first , anno . till the end of the reign of k. charls , . a most necessary , profitable , useful work , ( never yet undertaken by any to my knowledge ) tending much to the honour of our english nation , the dignity of our parliaments and great councils , the advancement of our laws , and learning ; the information , instruction of the present times , and future ages , in our parliamentary and state affairs of greatest concernment ; the enabling members of parliament both to know , discharge their duties , and maintain their antient privileges , jurisdictions , better than in former times ; the preservation of our usefullest parliamentary rolls , journals , and other records from suppression , embezlement , oblivion , & to rectifie sundry gross mistakes both in our printed statutes , law-books , and vulgar historians : the compleating of which vast undertaking requiring more toylsom study , cost , expence , and time , than yet i can bestow thereon : i thereupon apprehended , that i could not ( in the interim ) perform a more profitable service to my country , conducing towards the furtherance of that great undertaking , than ( at the earnest importunity of the stationer , and some special friends ) to contribute my best directions , assistance towards the printing and publishing of this exact abridgement of the parliamentary records in the tower of london , from the reign of king edward . unto king richard the . collected ( as is generally voiced , believed ) by that most eminent industrious collector of our best , rarest english antiquities , manuscripts , leger-books , records of all sorts , sir robert cotton , whose famous name and memory alone , are sufficient to adde more praise and lustre to this abridgement , than any panegyrical epistle i am able to prefix thereto . this exact abridgement being licensed for the press , before the stationer brought it me to peruse , i thereupon diligently read over the copy , ( belonging formerly to a person of quality , curiously bound up , gilt , and written in a very fair hand ; ) wherein i corrected several verbal mistakes of the clerk in the transcribing , and comparing it with another transcript of mine own , supplyed some blank spaces in it , together with the abridgements of the whole parliaments of e. . & . & . rich. . the explanation of the charter of the stanneries in the parliament of e. . the abridgment of the beginning of the . parliament of r. . to numb . . with the end of r. . n. . &c. ( wholly omitted in the stationers copy ) without any alteration ( except in the clerks misprisions ) in , or addition to the text it self , to avoid the censure of being an over-officious critick in another deceased honourable persons posthumus work. after which perusal of the copy , finding neither notes of direction in the margin , nor tables in the end of this abridgement , to direct the reader readily to finde out the principal things , or names of persons therein comprised ; i thereupon supplyed these defects , with such marginal notes , and tables thereto annexed , as might render it most usefull to the buyers : comprizing the principal matters therein contained , together with the names of the nobles , and other persons mentioned therein , in alphabetical tables , with the names of the admirals , chancellors , constables , marshals , iudges , protectors , privy seals , speakers of parliament , stewards of the kings house , and other great officers mentioned in it , in a chronological order ; with the years , sections , pages wherein they are recorded . which additional supplements will render it much more usefull and beneficial to the reader upon all occasions , than it would have been without them . the subject matter of this exact abridgement consisting wholly of records or rolls of parliament , and the principal matters of greatest publike and private concernment in peace or war , debated , adjudged , transacted in this supremest court of the realm , both for iudicature & consultation , with the names of all the nobility summoned to , or created in our parliaments , ( never formerly published in print , and generally unknown to most judges , lawyers , historians , gentlemen , bookmen of all professions ) will sufficiently blazon and proclaim its eminency , utility , excellency , complacency , and desirableness to every intelligent reader , beyond all other late publications , and uncertain reports of private persons or cases lately published , or any histories yet set forth , without any other proemial encomiums ; yea the manifold discoveries it makes of the variances of sundry printed statutes from the parliament records both in form and substance , and of divers bastard statutes put in print , never extant on record ( which sir edward cook hath gleaned out of this abridgement , and inserted into his institutes p. , , . though he there assumes the first discovery and honor of it to himself alone ) will undeniably demonstrate , how worthy it is the most serious perusal of the greatest , as well as meanest professors of the law ; who commonly take all printed statutes , and reverend sir edward cooks oft mistaken records , for undoubted oracles , without comparing them with the original records themselves , out of over-much laziness or credulity . if any supercilious persons shall disdain or slight it , because it is but an abridgement , and so not comparable to the records themselves at large ; or object out of sir edward cooks reports and institutes ( who oft forgot this lesson himself inculcates , ) satius , et tutius est petere fontes , quam sectari rivulos . i answer , that though the parliament rolls and journals themselves at large , are farr more authentick , usefull , beneficial , satisfactory and desirable , than any epitome of them ( were they published in print ) in sundry respects , comprizing many material things , commissions , circumstances , &c. in them , which abridgements must necessarily omit , or but briefly touch , to make them abbreviations ; yet exact abridgements of them are of very good use , and in some regards , which i shall but touch , to be preferred before the records at large . . abridgements comprise in one small volume , the marrow , quintessence , and most remarkable usefull materials comprised in many large records , and voluminous tomes ; as one precious jewel or small peece of gold contains within it the value of many peeces and pounds of iron , brass , tinn , silver ; and one sheet in a small pica letter , the substance of many sheets set in capitals . . they omit and pare away all superfluities , impertinences , matters , circumstances of less moment , wherewith the records and voluminous authors abridged , are some times over-stuffed . . they are more portable from place to place than the records and volumes they abridge ; and more ready at hand upon all occasions . . they are of farre lower price than the records and volumes abridged in them , which every scholars , students purse will not reach to purchase , though he hath stock enough to buy their epitomes . the transcripts of the records at large here abridged , will hardly be purchased for l. when as this abridgement of them will not cost above s. printed . you may buy brooks abridgement of the year-books for or s. whereas the year-books it abridgeth will cost near as many pounds . . they are very (d) helpfull to memory , and of very good private use to those noblemen , country gentlemen and others , who have no spare time to read much , and shew a short course to those who are desirous to know a little , but not to understand over-much , making their studies only their recreation , not their occupation . . they are read over with more ease , speed , delight , less labour and fastidiousness , than the records and volumes they abridge : you may read over the substance of more parliamentary records in this abridgement in your studyes in one week , than you can read at large in the tower of london in one whole year , without taking pains to repair thither to the originals , which few can read in the hands , and fewer understand in the languages they are written , being for the most part bastard law-french . . abridgements have been reputed so necessary , usefull in all arts , sciences ; as divinity , philosophy , physick , chirurgery , history ; (e) canon , civil and common law , that we meet with almost infinite epitomies , summaries , summes , abridgements , manuals , breviaries of the best and chiefest authors , or materials in every of them , both in antient and modern times . to confine my self only to my own profession of the common law. the several abridgements of statham ; of sir anthony fitzherbert , and sir robert brooke ( two reverend learned judges ) of the year-books at large under several titles heretofore ; of mr. thomas ashe his table general to the common law of england ( nought else but an epitome thereof under heads . ) the abridgement of the book of assizes , printed by richard tottle , anno . the several late abridgements of dyers , plowdens , and sir edward cooks reports ; and of our statutes at large , by mr. iustice rastall , poulton , dalton , the author of the compleat iustice , mr. wingate and others ( much magnified by all the professors of the law , and country justices of peace , yea , made use of more than the bookes and statutes at large abridged by them ) are a sufficient argument of the utility , conveniency , and necessariness of abridgements . and if these abridgements of our printed statutes and law-books at large , ( common in every shop and private study ) be so usefull , gratefull , necessary ; how farr more usefull , excellent , necessary , desirable , delightfull must this exact abridgement be , of our rarest parliament records and rolls , never yet published to the world in print , and meer strangers unto most judges , justices , lawyers , statesmen , parliament-men , historians , scholars themselves , as well as to ordinary plebeians , and rendring the substance of those excellent records in english , which are for the most part enrolled in the french or latin tongue , which few can readily read or understand ? yet though exact abridgements of laws , lawbooks , statutes , histories , records , and other voluminous authors be very usefull and necessary in the general , and this more usefull , necessary , than any other in particular that i know of , the records themselves being yet unprinted , unknown to most men , which this epitome in a good measure will now acquaint them with ; i shall crave leave to give the readers some few cautions touching all sorts of abridgements , in the gross ; and this in individuo . . let all professors of the law and other studies , beware lest through sloathfulness , ease or negligence , they more study and make use of abridgements in their professions , than of the original law-books , statutes , authors abridged by thē to their hands ; [d] lest they divert them to close & shallow cisterns , whose leisure might serve ( as they should principally endeavour ) to be well acquainted with the deep and open original springs , authors , and records themselves epitomized in and by them , whose abridgements will onely enable them to know but a little , and that superficially , at second hand , but not throughly instruct them to understand much . ly , when they have any special occasions to make publike use for themselves , their clients , or others , of any statutes , law-books , records , in this or any other abridgment , let them be sure to resort to the originals themselves , and not rely upon the abridgements alone , to prevent mistakes , errors , yea the loss of their reputations , if their abridgements should misguide them . for , as the original records and authors abridged , are farr more authentick than the abridgements : so they are commonly more full and satisfactory , ( conteining sundry reasons , circumstances , and somtimes matters both of fact and law , which the abridgements omit , curtal , and perchance mistake ; ) and are best for use : abridgements being much like spirits , and the hottest extractions , which must be mixed with cooling waters , out of which they were first extracted , to allay their heat , when taken ; or like silver exchanged into gold for the lighter cariage , which must be changed again into silver , when used . it is dangerous taking any thing upon trust from abridgements , or others reports alone in matters of publike or private concernment . this was the oversight of that great ornament of our law , sir edward cooke , who by trusting to other mens abridgements and notes of records , ( which himself had no vacancy to examine ) was often seduced by them , and hath thereby seduced others , by their mistakes and misrecitals published in his printed books ; of which i have here and * elsewhere given the readers some particular instances , to rectifie both his and their mistakes , without the least intention to detract any thing from his venerable due worth and memory . ly , though this abridgement be very exactly done by so learned and eminent an antiquary whose name it bears , yet through the carelesness of the clerks who transcribed it , i find here and there some mistakes in the number roll , and some omissions of material words , clauses , yea of the whole parliament rolls of ed. . e. . with some * two or three rolls more yet extant ( not abridged in any copy i have seen ) which the publishing or perusal of the parliament rolls at large will easily supply ; i being unwilling to adde any appendix of mine own to this deceased authors surviving industry . besides , in one particular of moment , i find both a mistranslation of the french , and a mistaken inference grounded on it by the compiler of this abridgement ; of which i thought necessary to give the reader special notice , to rectifie his mistake , which hath seduced many , especially being since seconded therein by [f] sir edw. cook. in the * abridgement of the parliament roll of e. . n. , . whereas it is translated , the bishops and proctors of the clergy went by themselves to consult therein . and the lords and commons by themselves . the lords and commons return , &c. the word there translated commons , is in the roll and french , grantz , with a dash , or grandees , in both places● and should be thus rendred in english. the lords , barons , and other great men , ( not commons ) by themselves . and the said earls , barons , et autres grantz , and other great men , ( not commons ) by the mouth of sir henry beaumont , &c. the knights of shires , and commons being twice together distinguished from the earls , barons , and great men , in this very number-roll ; which i shall transcribe , to clear this mistake , and the inference grounded thereon● et les ditz countz , barons , et auters grantz per eux mesmes : les quex countz , barons , et auters grantz puis revindrent et respondient touz au roy par la bouch de beaumond , &c. les quels choses issint ordainiez per le ditz countz , barons et auters grantz , luez devant nostre seiur le roy , et les prelates , chivalers des countees , et les gentz de comune ( here put in contradistinction to the earls , lords and great men , and not present with them at their private debates , but severed from them as well as the bishops and clergy , and present only when they made their report to the king , prelates , knights , commons , and whole parliament assembled together upon this occasion in one place ) fueront plaisantz a eux touz ; et per nostre seiur le roy , prelates , countz , barons et auters grantz , et auxint per les chivalers des countees et gentz des comune ( here again distinguished from the lords and great men ) fueront pleinment assentuz & accordez , &c. now mark the inference thence made by the abridger , n. . * by the . and . titles before may appear , that at this time the lords and commons were of one house , and that then there was no speaker for the commons . that the commons had then no speaker , i conceive is an undoubted truth , since we find not any speaker they had mentioned in the rolls , before the parliaments of e. . n. . and r. . n. , . but , that the lords and commons were then of one house , and sate and consulted together , is a * clear mistake , directly contrary to this very record , whereon it is grounded , which expresly resolves ; that the earls , barons , and great m●n went by themselves to consult , as well as the bishops and clergy ; and that the knights and commons went not with them to consult , but were called together to hear their report made by sir henry beaumont , to which they all gave their assents . sir edward cook in his . institutes , c. . p. ● hath propagated this mistake , and thus backed it with some additions of his own . certain it is , that at the first both houses ( of lords and commons ) sate together : as it appeareth by modus tenendi parliamentum : vide rot. parliamenti , e. . n. . and in other places of the same roll : and in e. . in divers places it appeareth , that the lords and commons sate together : but under the favour of this reverend judge , as this modus tenendi par●iamentum , ( he so much magnifies and insists on ) is a meer spurious forgery and imposture , full of gross errors , absurdities , not antienter than king rich : the . reign ( some part of it being taken out of r. : ) and no such antient record in the confessors , conquerors , or henry the . reigns , nor of such venerable authority , or antiquity , as sir edw. ( by many confident averrments , without any colour of truth ) affirms it to be , in his institutes , p. . and * elswhere ; as mr. selden manifests in his titles of honour , part . p. , , , . to : and i have further evidenced in my levellers levelled ; and third part of a seasonable , legal , and historical vindication , &c. of the good old fundamental liberties , rights , laws of england , p. . and the very treatise it self will evidence to any person who is but meanly versed in antiquities or parliamentary records . so , the roll of e. . n. . proves no such thing , that both houses then sate together , but the contrary ; that the lords and commons sate and consulted apart by themselves , and that certain lords ( as a special committee only , not lords house , ) then treated , consulted with them , but no otherwise . and the roll of e. . proves expresly , that the commons sate not together as one house with the lords , but apart from them ; to put this out of all further controversie , (h) parl. . e : . n. . is express : that the bishops by themselves , the lords by themselves , and the commons by themselves , consulted and advised the king , touching the war with scotland : the like you may read in e. . n. , to . e. . parl. . n. , , , . e. . n. . . e. . n. , , . e. . n. , . e. . n. , . e. . n. , . e. . n. , . e. . n. , . e. . n. . e. . n. . ● e. . n. , . e. . n. , , , . &c. e. . n. . and sundry other records throughout the reign of king edward the d , and in other parliaments since : wherfore i wonder much at this gross confident mistake in sir edward cook , against so many express records ; and that in his very treatise touching parliaments ; which is full of other mistakes . to instance in other particulars for the readers information , sir edward cooke in his institutes , c. . p. . hath or gross mistakes together , touching the iudicature in parliament , which i have at large demonstrated , refuted in my plea for the lords , long since . particularly , he there asserts , rot. parl. h. . . is no act of parliament , but an ordinance : when as you may see by this abridgement of of it , that it is neither an act nor ordinance , but only the kings answer by the archbishops mouth to the commons prayer . that the commons were only petitioners , and that all judgements appertain unto the king and lords , unlesse it were in statutes , &c. after which he subjoyns , rot. parl. . h. . n. . error assigned , that the lords gave judgement without petition or assent of the commons ; when as there is no such error therein assigned ; and the judgement there alleged to be erroneous , was confirmed by the lords , as you may read in this * abridgement , and more fully in my plea for the lords . to pretermit many more of his mistakes , in his very chapter of parliaments , which this abridgement will both discover and rectifie , i shall touch but upon one more . in his . instit. p. . he hath this passage : walsingham saith , that in anno domini . which was anno h. in the writs of the summons of parliament there was added by the king a commandement in the writ , that no lawyer should be returned knight or burgesse . ( but the historian was deceived , for there is no such clause in those writs , but it was wrought by the kings letters by pretext of an ordinance in the lords house in e. . ) in which passage there are three mistakes together , . a misrecital of thomas of walsinghams words , that no lawyer or apprentice should be elected knight of the shire ; without any mention of burgesses , (k) direxit ergo rex , ( writes he ) brevia vicecomitibus ; ne quosquam pro comitatibus eligerent quovismodo milites , qui in jure regni vel docti fuissent , vel apprenticii : sed tales omnino mitterentur ad hoc negotium quos conslat ignorare cujusque iuris methodum . factumque est ita . whence he stiles it in his margin , parliamentum indoctorum . to which he subjoyns in his (l) ypodigma neustriae , this observation ; in hoc parliamento concessa fuit regi taxa insolita et incolis tricabilis et valde gravis . cujus modum praesentibus inseruissem , nisi concessores ipsi & authores dicti tallagii in perpetuum latere posteros maluissent . nempe sub ea tantum conditione concedebatur , ne traheretur posterius in exemplum , nec servarentur ejus evident●ae in the sauraria regia , nec in scaccario , sed scripturae vel recordationes ejusdem protīnus post datum compotum cremarentur , nec emitterentur brevia seu commissiones contra collectores vel inquisitores hujus negotii , de melius inquirendo . a good president for the burning , abolishing of all late records of illegal excessive taxes , excises , imposed and levied on the english nation for so many years together without intermission . ly , a charging of walsingham ( who lived in those times , and knew them better than sir edward cooke ) with a direct mistake and untruth ; that there is no such clause in the writs then issued , as he recites ; when as it is most apparent by the writs themselves remaining on record in the tower in the clause roll of h. . pars . m. dorso , ( which i have perused with mine own eyes , for my own and others satisfaction ) and by diverse notes and transcripts thereof which i have seen in manuscripts , that there was this clause inserted into all the writs of summons then issued , ( to exclude the sheriffs themselves , with all apprentices and men of the law , from being elected knights , citizens , or burgesses . ) nolumus autem quod tu , seu aliquis alius vicecomes regni nostri , aut apprenticius , sive aliquis alius homo ad legem aliqualiter sit electus . ) et habeas ibi nomina praedictorum militum , civium , burgensium , & hoc breve . teste rege apud lichefield die augusti ; on which day the writs of summon both to the archbishops , bishops , and temporal lords , bear date , all entred together in the same roll. i wonder therefore , upon what ground or misinformation sir edward cook could so confidently averr the contrary , and tax this historian for a mistake , in this wherein he was most right , and himself alone so palpably mistaken ; whose confidence made me of his opinion , till i sifted out the truth by a more diligent search of the record it self ; not mentioned in this abridgement . ly , in averring , that this was wrought by the kings letters , by pretext of an ordinance of the lords house in e. . when that he stiles , an ordinance of that the lords house , was an ordinance , or act of parliament ( ordinances and acts of parliament being both one and the same ; as ● have (m) elsewhere unanswerably proved , agains● (n) sir edward cooks new mistaken doctrine ) made by the whole parliament , not lords house alone , excluding all practising lawyers , & all sheriffs from being elected knights of shires , or receiving wages for their service in that parliament , for the reasons therein mentioned ; which ordinance i shall here insert at large out of the parliament roll of e. . num . . auxi un ordenance fait en mesme la parlement fuit luez , en manere come ensuet . pur ceo que gentz de ley que pursuont diverses busoignes en les courts le roy pur singuleres persones oue queux ils sont procurent , et font mettre pleuseurs petitions en parlementz en nom des comons , que riens lour touche , mes s●lement les singulers persones , ou queuz ils font de moiez . auxi viscontz , que sont communes ministres au people , et devient demurrer sur lour office pur droit faire a chuny , sont nomez , et ont este devant ces heures et retornez e● parlementz chivalers des countees per mesmes les viscontz ; est accorde et assenta en cest parlement , que desormes nul home de ley pursuont busoignes en la courte le roy , ne viscount pur le temps que il est viscount , soient retournez , ne acceptez chivalers des countees ; ne que ces qui sont gentz de ley et viscountz ore retournez au parlement eient gagez . num. . mes vo●t le roy , que chivalers et serjauntz des meulz vaues du paiis soi●z retornez desore chivalers en parliamentz , et quils sount estuz en plein counte . an ordinance most fit to be put in actual execution against such practising lawyers , who make su●e to be elected parliament members , only , or principally to get clyents , practice , and prae-audience of others at the barr , and to promote their clients or friends causes in the house , rather than diligently to discharge their publike duties faithfully in the parliament , according to their trusts ; as too many have done of later ages , as well as when this ordinance was first enacted . in the reading of this abridgement , i shall advise the reader ; first , to distinguish between the parliament rolls abbreviated and the abridgers observations on them here and there , which are no part of the record it self : such are all his observations concerning the agreement of , or disagreement and variance of our printed statutes from the records , and the like ; which cause the numbers , titles in this abridgement , many times to exceed the numbers , titles , and membranaes in the rolls themselves , and some times to differ from them in the number . ly , i shall desire him to take notice for his better information touching parliamentary records ; that the writs of summons to our parliaments for the nobility , clergy , knights , citizens , burgesses , ( with the writs for knights and burgesses wages ) are not extant in the parliament , or statute-rolls , but for the most part , they are entred in the dorse of the clause rolls , & sometimes ( though rarely ) on the dorse of the patent rolls , kept in the tower of london ; where all who please may peruse them at their leisure ; they sometimes differing one from another in form , as well as in the names of the persons summoned ; and sometimes in material clauses , though * sir edward cook asserts the contrary ; as is most evident by the writs of rot. claus. iohan. dors . . claus . . h. . dors . . claus . h. . m. . dors . claus . h. . dors . , . claus . h. . dors . . claus . e. . dors . , & . claus . e. . m. , . dors . claus . e. . pars . m. . dors . & m. . dorso , & m. . claus . e. . m. . claus . r. . dors . . claus . h. . pars . m. . dorso . and sundry others . ly , that there are farre more writs of summons to parliaments extant in those rolls , than there are statute or parl. rolls ; there being no records at all in the tower ( except some few antient charters , or exemplifications of them ) antienter than the first year of king iohn , all the rest from william the first his reign , till then , ( except some few in the exchequer , not relating to parliaments ) being utterly lost . the first parliament rolls yet remaining , are those of , , , and . of king edward the . the statute roll of h. . edw. . and edw. . conteining some statutes made in their reigns ; a parchment book of some pleas in parliament , during the reigns of king edward the . and . and a few bundles of petitions in the parliaments of e. . & , , , & . e. . none of which are here abridged . only i find in the clause , patent , charter , and fine rolls of king john , henry , edward , and . some writs of summons , and some m●morials of acts , ordinances made , and aydes , subsidies , disms , quindisms , customs granted in parliaments held during their reigns , the rolls whereof are perished and quite lost , either through the negligence of the record-keepers , or the injury , iniquity of the times , during the civil wars between the king and barons , in the reigns of king iohn , and henry the . and betwixt the two houses of lancaster and york for the title to the crown ; ( wherein ( it is very probable ) the preva●●ing kings parties , by their instruments , embezelled , suppressed such parliamentary records and proceedings , as made most against their interests , power , prerogatives , titles ; ) or through the default of our kings great officers and atturneys , who sending for the parliament rolls out of the tower upon special occasions , never returned them again , for reasons best known to themselves ; by means whereof , these parliament rolls being no where to bee found , their defects must be supplyed only out of such fragments and memorials of them as are extant in our other records , and antient historians , ( especially in matthew paris , matthew westminster , william of malmsbury , henry archdeacon of huntingdon , roger de hoveden , simeon dunelmensis , the chronicle of bromton , radulphus de diceto , ranulphus cistrensis , and thomas of walsingham ; ) who give us some account of their proceedings and transactions , which else had been utterly buried in oblivion , as well as their rolls , wher●n they were at large recorded , as is evident by the parliament rolls yet extant , exactly relating all the parl. acts , judgments , proceedings , as you may discern by this abridgement ; but more clearly by the rolls at large , made up and engrossed by the clerk of the parliament , with the assistance or supervising of the lords , iudges , and commons too , when there was occasion . ly , i shall recommend unto you these generall observations touching our parliaments and their proceedings , in former ages , which i shall desire the readers more carefully to observe in their perusal of this abridgement for their better satisfaction . . that it was the common custom in former ages , the first day of every parliament by special proclamation , to [o] inhibit the wearing of any arms or weapons , under severe penalties , within such cities and places where the parliament sate , to prevent all disturbances , quarrels , intimidations , over-awings of the members by fear or force . a practice now fit to be revived , after so many late armed guards , forces , not only over-awing , disturbing , enforcing , but dissolving parliaments , and secluding , securing their members at their pleasure . . that our parliaments , were alwayes [p] usually adjourned and put off till some further day , when any considerable number of the lords or commons were absent , or not come , appearing at the first day of summons , and the declaration of the causes of summoning the parliament , adjourned till all the members were come , and the parliaments full . . that the lords some times , and the commons were all frequently [q] called by name the first day of the parliaments sitting ; and all of them admitted , yea commanded to sit in , and attend the parliament ; and such as were absent without just cause , both blamed and fined . . that in all former ages , no acts were made , judgements pronounc'd , ayds or subsidies granted , nor ought else debated or conlcuded , but only in full parliament , when all or most of the members were personally present , and none forcibly secluded or suspended , but only by sen●ence of the houses themselves . see the table full parliament . . that [r] no members of parliament could be arrested , imprisoned or taken in execution for debt , or any other occasion sitting the parliament , but only for treason , felony , or breach of the peace : and if any were arrested or taken in execution against their privileges , they were , upon complaint , released to attend the publike service of their country in parliament . . that our kings themselves did usually by their chancellors or chief justices , when they declared the causes of summoning every parliament to the . estates , most commonly grant and declare of their own accords , [s] that all estates should enjoy their privileges , belonging to them as members ; and likewise , that the church , with all corporations , and other persons whatsoever , should enjoy their antient liberties , rights , customs and franchises , which was one chief end of summoning parliaments : and the great charter of their liberties , of the forest , and all other good laws , and statutes due observation , and to have the violations of them redressed , punished . . that matters [t] of warr , peace , leagues , defence against enemies both by land and sea , were constantly propounded to , debated , consulted , concluded of in and by our parliaments , yea one chief cause of their convention ; and not ordered by our kings and privy council , without the parliaments consent . . that [u] no subsidies , aydes , tonnage , poundage , impositions , or new customs whatsoever lawfully might or could be granted , imposed or levied on the subjects , but only in and by their free grants and consents in parliament , upon urgent necessities , on such conditions , cautions , limitations , and for such ends , uses , purposes , in such moderate proportions , as our parliaments thought fit to limit and prescribe . and that all customs , impositions , new taxes , extortions , not thus granted , imposed by parliament , were constantly complained of , punished , redressed by the next ensuing parliaments . . that our kings usually returned the lords and commons [x] special thanks for their aids , subsidies , though in cases of publick defence , for their own and the kingdoms safety ; and likewise gratified them with the grants of general pardons , the answer of all their just petitions , relief of their common grievances , confirmations of their liberties , and enacting of wholesom new necessary laws . . that the first thing the lords and commons usually [y] petitioned for , and our kings , parliaments enacted in every session , was the confirmation of the great charter , the charter of the forest , with other good laws , and publike liberties , and for redress of all grievances , imprisonments , and restraints repugnant thereunto , which they still obtained . . that our parliaments in former ages , have been very carefull , to resume all the lands and revenues aliened from the crown , and to reunite them thereunto , for the better support of our kings , defraying the publike expences of the kingdom , and the easing of the subjects from subsidies and taxes , as r. . n● . h. . n. . h. . n. , . h. . n. . . h. . c. . h. . n. . h. . n. . h. . c. . h. . n. . e. . n. , . e. . n. . e. . n. . e. . n. . and other records here evidence . neither is this a practice peculiar unto england , both in these parliaments , and * in former ages , but universal through the world ; † all monarchs and states having held it for a general and universal law ; that the publike revenues should be holy , sacred , and inalienable , either by contract or prescription ; to the end that princes should not be forced to overcharge their subjects with imposts , or to seek any unlawfull means to forfeit their goods to supply their necessities : most kings and princes being for this reason specially sworn , and taking an oath when they come to the crown , in no wayes to sell or make away the revenues or lands of the crown ; and more particularly the kings of france , * england , spain , poland , hungary . the which is also observed in popular and aristocratical estates , as in venice , the cantons of the swissers , the senate of lucern , even in later times , and at this very day ; and in athens and rome it self in antient times ; where themistocles , and cato the censor , caused all the publike revenues to be seized on , which through tract of time , and sufferance of magistrates , had been sold unto , or usurped by private men ; saying in their orations , that mortal men could never prescribe against the immortal god , nor private men against the common weal. upon which grounds , the parliaments of france , poland , and other realms , have frequently resumed the crown lands and revenues sold● or given away to princes of the blood , nobles and private persons ; such sales and gifts being meerly void in law , and destructive to the publike : as you may read at large in iohn bodin his common-wealth , l. . cap. . dr. crakenthorps defence of constantine , p. . to . the second part of my soveraign power of parliaments and kingdoms , p. . to . and the severall authors there cited to this purpose . all which particulars ( of late years discontinued , and almost quite abandoned ) are now fit to be revived in all succeeding parliaments . . it is observable , that our parliaments now and then , either out of hatred , envy , passion , or compliance with some potent ambitious popular swaying lords and grandees , have most unjustly , illegally [z] condemned , executed , banished , fined , sentenced , oppressed sundry innocent , & some well deserved persons , without just cause , trial , or due conviction of any real crimes ; whose sentences thereupon have been justly questioned , damned , reversed in succeeding parliaments , not only out of grace and favour , but justice and common equity ; of which you may finde sundry presidents in this abridgement . . that all such parliaments and ambitious self-seekers in them , who under a pretence of publike reformation , liberty , the peoples ease or welfare , have ( by indirect surmises , policies , practices , force , and new devices ) most usurped upon the lawfull prerogatives of their kings , or the persons , lives , offices , estates of such nobles , great officers and other persons of a contrary party whom they most dreaded , maligned ; and which have imposed * new oaths or engagements on the members , to secure , perpetuate and make irrevocable their own acts , iudgments , and unrighteous proceedings ; have alwayes proved most abortive , successeless , pernicious to themselves and the activest instruments in them ; the parliaments themselves being commonly totally repealed , nulled , and the grandees in them suppressed , impeached , condemned , destroyed as traytors and enemies to the publike , in the very next succeeding parliaments , or not long after ; witness the parliaments of e. . & r. . & h. . h. . e. . & r. . and some others here abridged , e. . stat. . e. . rot . parl. n. . r. . c. . h. . c. . h. . c. . e. . c. . h. . n. . . h. . c. . . that kings created and set up meerly by parliaments , and their own power in them , without any true hereditary title , have seldom answered the lords and comons expectations in the preservation of their just laws , liberties , and * answers to their petitions ; yea themselves at last branded for tyrants , traytors , murderers , usurpers , their posterities impeached of high treason , and disinherited of the crown by succeeding parliaments and king , as you may here read at large in the parliaments of king henry . h. . m. . h. . & e. . rich. the d. and h. . c. . from these . last observations , we may discern , that as parliaments are the best of all courts , councils when duly summoned , convened , constituted , ordered , and kept within their legal bounds● so they become the greatest mischiefs , grievances to the kingdom , when like the ocean they overflow their banks , or degenerate and become ( through sedition , faction , malice , fear , or infatuation by divine justice ) promoters of corrupt , sinister ends , or accomplishers of the private designs & ambitious interests of particular persons , under the disguise of publike reformamation , liberty , safety , settlement : according to that of isay . , , . the counsel of the wise counsellors of pharaoh is become brutish : the princes of zoan are become fools , the princes of noph are deceived , they have also seduced egypt , even they that are the stay of the tribes thereof : the lord hath mingled a spirit of perversenesse in the midst thereof ; and they have caused egypt to err in every work thereof , as a drunken man staggereth in his vomit ; neither shall there be any work for egypt which the head or tail , branch or rush may doe . so as we may justly conclude with that of psal. , . it is better to trust in the lord , than to put confidence in man : it is better to trust in the lord , than to put confidence in princes , yea , or parliaments . wherefore , [a] put not your trust in princes ( in parliaments , ) nor in any son of man , in whom there is no help ; yea , [b] cease ye from man whose breath is in his nostrils , for wherein is he to be accounted of : for although usually in a way of ordinary providence , [c] in the multitude of counsellers there is safety ; yet god many times in justice , [d] leadeth the greatest counsellers ( yea parliaments themselves ) away spoyled , and maketh the iudges fools : so that [e] though they associate themselves together , they shall be broken in pieces ; and though they take counsel together , yet it shall come to naught , when god is not with , but against them ; whereof we have seen many late sad domestick experiments , to wean us from deifying , idolizing of , or over-much confiding in , or depending upon parliaments ; which have been so subject to errors , deviations , abortions in former and later times . touching the original of electing and sending knights , citizens and burgesses to our parliaments , it is very obscure and dubious . sir robert cotton ( the author of this abridgment , ) [a] in his brief discourse concerning the power of the peers in parliament , in point of iudicature , affirms and proves ; that the generale placitum , universalis synodus , magnum & commune concilium of the realm , now stiled a parliament , was held ceram episcopis & magnatibus suis ; or coram episcopis & principibus regni in praesentia regis ; this great court or council consisting of the king and barons , ruled all affairs of state , and controlled all inferiour courts , causes being referred and transferred out of the county and other courts unto it , propter aliquam dubitation●m quae emergit , cum comitatus nescit dijudicare , as glanvil ( in king henry the seconds reign ) informs us , and [b] bracton , [c] britton , with [d] sundry statutes , and [e] records of later date ; with the antient presidents of ethelwold bishop of wilton his sute against leoftine , and q edgin against goda in the time of king ethelred● the sute between the bishop of winton & durham in the time of st. edward ; and one in the . year of the conqueror evidence . the power of the peers in this courtt , and of certain officers ( as the steward , constable , and marshal , fixed upon families in fee for many ages ) was so transcendent , that it seemed to be set to bound in the execution of princes wills , and grew fearfull to monarchy . hereupon king henry . when the daring earl of leicester was slain at the battel of evesham , by the dear experience himself had made at the parliament at oxford in the . year of his reign , and the memory of the many streights his father was driven unto , especially at runny-mead near stanes , wisely began to lessen the strength and power of his great council , weakning that hand of power which they carried in the parliaments , by commanding the service of many knights , citizens and burgesses to that council . now began ( saith he ) the frequent sending of writs to the commons : their assents not only used in money , charge , and making laws , ( for before all ordinances passed by the king & peers ) but their consents in judgments of all natures , whether civil or criminal . for proof whereof he produceth some succeeding presidents out of records : when * adomar that proud prelat of winchester , the kings half brother , had grieved the state with his daring power , he was exiled by the joynt consent of the king , the lords and commons : and this appeareth expresly by the answer to the letter sent by pope alexander the th , expostulating a revocation of him from banishment , because he was a church-man , and so not subject to lay censures . in this the answer is ; [f] si dominus rex et regni majores hoc vellent , communitas tamen ipsius ingressum in angliam jam nullatenus sustinerent . the peers subjoyn this answer , with their names ; and petrus de montford , vice totius communitatis , as speaker , or prolocutor of the commons ; for by this stile sir io. tiptoff prolocutor , affirmeth (g) under his arms the deed of entail of the crown by king hen. . in the . year of his reign , for all the commons . by which passage and president it is apparent ; that in sir robert cottons judgement , the commons were not usually summoned to our parliaments by writs , (h) till after of king h. . and that purposely , to curb and lessen the power of the lords in parliament . this president he cites of bishop adomar out of the leiger book of st. albans , falls in h. . full years before the earl of leicester was slain , in which year adomar died at paris , as he was posting from rome into england to recover his bishoprick ; pope alexander also dyed the same year . in which i read there was a parliament held , but no mention of any commons in it , neither is there in our records any writ of summons for electing knights or burgesses to repair to it in this year . onely i find there was a great difference then begun between king henry and his magnates & barones , about the ordinances made in the parliament at oxford , which the king refused to observe , contrary to his oath , from which he gained an absolution from the pope i likewise read in * william rishanger his continuation of matthew paris , that this ( . ) year , magnates , the nobles ( not commons ) sent quatuor milites satis facundos qui epistolam sigillis suis firmatam papae & cardinalibus exhi●erent ; containing many grievous accusations against this bishop elect of winton , to hinder his promotion , and return into england ; which letter was sent from them , sitting rather in a military councel at oxford , than in a true and real parliament : where simon de montsord earl of leicester , richard de clare earl of gloucester , multique nobiles ipsis adhaerentes convenerunt oxoniis , * equis & armis sufficienter instructi ; finaliter statuentes in animo , aut mori pro pace patriae , aut pacis eliminare a patria turbatores ; as rishanger relates : praeceperuntque omnibus qui eisdem servitium militare debuerant , quatenus cum insis venirent parati , veluti ad corpora sua contra hostiles insultus defensu●i . quod et fecerunt , palliantes talem adventum , eo quod in walliam contra hostes regis viderentur collectis viribus prof●cturi , as * matthew paris himself records . neither was this letter signed and sealed by peter de montsord , as speaker or proctor to the commonalty of england then assembled or represented by their knights or burgesses● in the commons house of parliament , or distinguished from the lords and barons , like that deed of intayl by sir iohn tiptoft their speaker in h. . as sir robert cotton imports , and others would thence inferr , which i shall irrefragably evidence : . by the beginning , close and subscription of this very letter , printed in the (i) additamenta of matthew paris . it begins thus , sanctissimo patri in christo , alexandro &c. communitas comitum , procerum , magnatum , aliorumque regni angliae , cum subjectione debita , pedum oscula beatorum . and it is thus joyntly subscribed and sealed by . earls , and . other great men : et nos r. de clare , gloverniae & herefordiae● s. de monteforti legriae , r. bigod mariscallus angliae , h. de bohun , herefordiae , & essexiae , w. albemarle , j. de placito warwici , comites , h. bigod justiciarius angliae , p. de subaudia , j. filius galfridi , jacobus de audel , & petrus de monteforti , vi●e totius communitatis praesentibus literis , sigilla nostra apposuimus in testimonium praedi●torum : the whole community therefore in whose behalf or stead they signed and sealed this letter , was only the communitas comitum , procerum , magnatum , aliorumque regni angliae , or whole baronage of england , mentioned in the beginning of it , in whole names alone it was written ; not the meer commons house , or commonalty of england , either in or out of parliament , as contradistinct from the lords . and these . earls , barons and great men , joyntly signed and sealed it , vice totius communitatis , as joynt proctors to this whole community of the baronage of england , not ten of them as proxies to the earls , nobles , and great men , and peter de montfort ( the . ) as speaker , or proctor to the commons in or out of parliament , as is erroniously surmised . ly . it is most evident by the words of (k) mat. paris , ( who placeth this letter in anno . or h. . whereas sir robert cotton , and rishanger referr it to anno . or h. ) destinantur nuncii solennes ad dominum papam ex parte regni , et totius angliae universitate , &c. causam autem itineris eorum et scriptum a barnagio transcriptum audire qui cupit , in libro additamentorum invenire praevalebit . which , compared with his (l) istud detestabile factum romano erat pontifici per barones significatum , in this very letter : his magnates & nobiles terrae , &c. and his , tale iniit consilium universitas barnagii , will undeniably manifest , that the barons , and universality of the baronage only , not the meer commons of england , writ and sent this letter , and were the tota communitas mentioned and intended in it , in whose behalf these earls and grandees subscribed and sealed it ; not the universitas regni popularis , etsi non nobiles , whom (m) mat. paris distinguisheth from them by this very expression in the same year , and upon the same occasion , who pictavienses obsiderent , et castra eorum funditus dissiparent . wherefore neither the signing nor sealing of this letter by them , vice totius communitatis : nor this clause in it : etsi dominus rex et magnates hoc vellent , communitas tamen ipsius ingressum in angliam nullatenus sustinerent ( meant only of the vulgar rable , or uiversitas regni popularis , as mat. paris stiles them , who were much inraged against him , ) being the same in substance with that phrase in king henry the first his letter unto pope paschal , not in , but out of parliament , (n) et si ego ( quod absit ) in tanta me dejectione pon●rem , optimates vero , et totus angliae populus id nullo modo pateretur ) can be any convincing , or probable evidence at all , that this bishop elect of winchester , was then judicially banished by the joint consent of the king , nobles and commons in parliament ( as is suggested ) he being (o) forced to fly thence , through fear of their arms alone , not banished by their judicial sentence ; as they thus expresly inform the pope in another letter sent to him with the former , to inhibit his return ; (p) maxime cum ipse a regno expulsus non extiterit , sed sponte cesserit , non ausus exhibitionem iustitiae , quae singulis secundum iuramenta regis & procerum debebatur , expectare . much lesse is it any proof that the commons in that age , had a voice and consent in parliament iudgments of all natures : ( since they never had it in succeeding ages , unlesse it were by way of bill , as the whole commons house acknowledged in the parliament of h. . n. . and i have manifested at large in my plea for the lords ; ) no more than that they had then a speaker or house of commons , which is clear by subsequent parliaments in this abridgement , they had not till many years after h. . and after the parl. of e. . ly , this will most evidently appear , by the barons letter sent to king henry the third , to lewes , * anno dom. . ( the year of his reign ) from their camp. barones & alii fideles sui , &c. subscribed only by the earl of leicester and gilbert de clare ; ad petitionem aliorum : and by the letter of richard king of romans , prince edward the kings eldest son ; caeterique barones omnes & milites , praedicto regi angliae constanter adhaerentes fide sincera & opibus , sent to the barons in answer thereunto : thus subscribed , rex alemanniae , & edwardus filius regis , nomine suo & aliorum regi adhaerentium . omnes nos contenti sumus praedictorum dominorum sigillis . in both which letters , the two earls , and the king of romans , and prince edward , joyntly signed and sealed in the name of all the barons , knights , and others of either party , and not one of them as a proctor or speaker to the commons , and the other as proxie to the barons and lords : both letters being writ from their camp , not parliament ; and neither of them relating to the commons house , or judicature in parliament , just like this letter concerning bishop adomar ; therefore no inference can be thence deduced , to prove the commons had either any house , speaker , or judicature in the parliaments of , or of henry the third . the first expresse writ i find of any knights of counties by name summoned to our parliaments as members , is that of claus. h. . dors . , . requiring sheriffs , to summon . knights out of every county to the pa●liament , which was presently after the battel of evesham the same year the earl of leicester was slain , the barons totally routed by pr. edward , and king henry rescued out of their hands ; when sir robert cotton affirms ( and that (q) most truly , as i conjecture ) these vvrits began . the writs of * rot. claus. . joh. pars . m. . dorso . patents h. . pars . m. . dors & claus. h . dors . . ( which seem somewhat like a summons of knights to pa●liament ) being conceived by some upon good grounds , not to be a direct summons of any commoners or knights of shir●s to parliament , as members , but in another kinde ; when as we find (r) vvrits of summons to parliament directed to bishops and the temporal lords and barons , before h. . without any such vvrits for ●n●ghts or burgesses . in what place the commons usually assembled at first , is uncertain , but most likely it was in the chapter house of of the abbot of westminster , as is clear by e. . n. . and other records : how unable and unwilling the commons were at first , of themselves to advise in ma●ters of peace or warr , (s) referring themselves usually herein to the king and lords alone , and desiring a special committee of lords to advise and direct them in most things else ; and how they got a speaker and house of their own at last ( in the dotage of king edward the . and nonage of richa●d the . ) and then proceeded by degrees to meddle with the greatest affairs of the state , court , and crown , being set on by some ambitious lords , to promote their designes thereby , you may observe throughout this abridgement , of which the table will render you a more particular account . what use the lords made of the commons , and their speakers , to curb the king , and his greatest officers , minions , favourites , you may here read at large in the parliaments of e. . of , , , , , , r. . h. . , , * , & h. . and how king rich. . made use of them to suppresse his domineering lords , and king edward the . used them as his instruments to curb , suppress both king hen. the . and the lords that were opposite to him you may observe in the parliaments of r. , & h. . & ed. . especially n. , . in his speech there made unto the commons ; by whose assistance he was restored to the crown , and soon after to all the lands and revenues alienated from it , by acts of resumption ; whereupon he promised the commons in parliament with his own mouth , (t) to live of his own , without charging them ; (u) and left off all gathering of money and impositions on them , as the only thing which withdraws the hearts of the english from their prince ; receiving onely tonnage and poundage ; and but (x) some . or . disms and quindisms of small value , ( which they (y) freely granted him towards his wars , ) during all his years reign . a president worthy present and future imitation , for the oppressed peoples ease , especially after so many yeares uncessant heavy taxes of all sorts extorted from them , rather for private ends , than the publike interest and welfare of the kingdom . what other particulars of note touching the commons , lords , or parliament affairs occurr in this abridgement , the table will more punctually inform the reader . i shall only further observe , that in all the parliaments of king ed. . r. . h. , , . ed. and r. . here abridged , the commons house never claimed , nor exercised any such jurisdiction , as hath been usurped by it of late years , in some particulars of moment . . they never presumed , nor pretended to make , print or publish any act , ordinance , order whatsoever , relating to the people , kingdom , or own members , without the kings and lords precedent approbation and concurrence . . they never attempted to impose any tax , tallage , charge , impost , excise , or duty whatsoever on the people , * without the lords and kings assent . . they never adventured to appoint any special committees or sub committees to hear , examine , determine any particular businesse or complaint , before , & without any report thereof to the whole house of commons , nor without the privity and assent of the house of lords , by way of transmission or impeachment to their superiour authority and judicature ; an intollerable grievance of puny times . . they never attached , fined , imprisoned , or censured any person by their own authority , without the lords , as they have done hundreds of late years . . they never presumed to seclude or secure any of their own members , nor yet finally to judge of the legality , or illegality of their elections , nor of the breach of their privileges , by imprisonment or otherwise , of which the * king and lords were antiently sole iudges , as is evident by r. . n. . r. . n. . h. . n. . h. . n. , . h. . n. . . &c. . h. . . brook parl. . h. . n. . h. . n. . h. . n. , , . e. . n. . e. . n. . with other presidents cited in my plea for the lords . . they were * always petitioners to the king , lords , for publike laws , grievances , and private persons ; but very seldom petitioned unto , upon any occasion , as you may observe throughout this abridgment : some of the first petitions to them , being those of the upholsters , and merchant adventurers of london , whereon acts were made , mentioned in the printed statutes of h. . c. . h. . ● . . since the parliaments here abbreviated . . though they had the free election of their speakers granted them , yet they alwayes of course presented their speakers to the king and lords , at their appointed time ; who had power to allow of them , and their excuses , or to disallow and discharge them when elected ; yea to enjoyn them to elect , present another speaker , when the former through sicknes , imprisonment , or other impediment , was disabled or discharged ; as is evident by h. . n. , , , h. . n. , , . . h. . n. . , h. . n. , . h. . n. . , , , , . and cookes instit. p. . . they alwayes stood bare-headed , when they repaired to the lords house upon the first day of the parliament , conferences , passing of bils , messages , or any other occasions , when as the lords sate covered ; r. . n. . which custome continued so long as the lords house sate , even till . . they * never did nor could of right administer an oath to witnesses , or others , examined by the whole house or committees , as the lords house usually did ; r. . n. . plac. coron . h. . n. . they had no vote , iudicature in writs of error brought in parliam . returnable * only before , and tryed in and by the lords house alone ; nor yet in criminall causes upon impeachments , wherein the lords alone were iudges , in cases both of peers and commoners ; as i have proved at large in my plea for the lords , which the commons themselves acknowledged , h. . n. . and you may here observe throughout this abridgement . to close up this preface , i dare affirm , that the several treatises of our english parliaments , formerly published by (z) sir tho. smith , (a) iohn vowel , (b) hotinshed , (c) statham , fitzherbert , brook , (d) mr. richard crompton , (e) mr cambden , (f) doctor cowel , (g) minshew , and (h) sir edward cook , with his much magnified spurious antiquity of modus tenendi parliamentum , will not all of them put together , give the reader half so much certain knowledge , such infallible evidence touching the constitution , iurisdiction , privileges , proceedings , debates , resolutions , customs , orders , ends , affairs of our english parliaments , lords , or commons houses , as this abridgement alone : formerly locked up in private cabinets , but now made (i) common for the publick good . the publication whereof , will not onely restore (k) that key of knowledge , which some self-seeking monopolists of our records would have taken away ; but likewise unlock the tower doors , and lay open the long closed parliament rolls there kept , in some good measure , to all noblemens , gentlemens , parliament-mens , lawyers , scholars sights , who are desirous to peruse them . vvhose kind acceptation of my endeavors to make them not only publike , but profitable , will be some encouragement for me to proceed in other publications of this nature ; and to live and die , as i desire , a faithfull , indefatigable servant to my country in all good offices , william prynne . from my study in lincolns inne , march . . . ordinances per les prelates , countes , & barones , f●ats à londr●s ove l' assent du roy● edwardi secundi anno quinto . cap. . que parliament serra tenus : . on . . foits per an. . agrees per ministers le roy : cap. . des persons que seront assignes en parliament de oier & terminer . breve quod nativi episcopi cestr. qui parliamento interfuit , non contribuant ad expensas militum . aliud breve ibidem , quod clerici de cancellaria beneficiati non contribuant ad expensas parliament de clero . existent . in parliamento . in quo nota haec verba maximè , tum expensis praedictis propter absentiam illorum qui dictis parliamentis , &c. non interfuerint praestentur . qui clericus de cancellaria nostra est , & qui in parliamento nostro apud westm. ultimo tento in obsequio nostro , & communinitate populi regni nostri praesens fuit . aliud breve ibidem , quod homines de antiqu● dominico non contribuant expensis militum &c. per parliamentum . breve de expensis militum non levandis super tenentes episcopi london apud fulham . edwardus dei gratia , rex angliae , dominus hiberniae , & dux aquitaniae , venerabili in christo patri w. eadem gratia can●uar . archiepiscopo totius angliae primati : salutem . quia super diversis arduis negotiis nos , & statum regni nostri specialiter tangentibus , parliamentum nostrum apud eborum à die paschae prox . futur . in tres septimanas tenere , & vobiscum , & cum caeteris praelatis , magnatibus , & proceribus dicti regni habere proponimus , colliquium , & tractatum : vobis mandamus , in side , & dilectione quibus nobis tenimini firmiter injungentes , quod dictis die & loco , omnibus aliis praetermissis , personaliter in●ersitis ibidem nobiscum , & cum caeteris praelatis , magnatibus , & proceribus , supra dictis negotiis tractare , vestrumque consilium impensari . praemunientes , priorem , & capellanum ecclesiae vestrae cantuar. archidiacon . totumque clerum vestrae dioces . quod iidem prior , & archidiacon . in propriis personis suis , & dictum capellanum per ann : idemque clerus per duos procuratores idoneos , plenam & sufficientem potestatem ab ipsis capellano & clero habentes , una vobiscum intersitis modis omnibus , tunc & ibidem , ad faciendum , & consentiendum hiis quae tunc & ibidem de communi consilio favente deo ) ordinari cont●gerit super negotiis antedictis . et hoc nullatenus omittatis . teste me●pso apud derby die martii , anno regni nostri . per ipsum regem . eodem modo subscript● mutatis competen . mutandis , viz. willielmo archiepiscopo eborum , &c. rex edwardo comiti cestriae silio suo carissimo salutem . super diversis & arduis negotiis nos , & statum regni nostri specialiter tangentibus , parliamentum nostrum apud eborum à die paschae prox . futur . in tres septimanas tenere , & nobiscum , & cum caeteris prelatis , magnatibus , & proceribus dicti regni habere proponimus colloquium , & tractatum . vobis mandamus in fide , & dilectione quibus nobis tenimini firmiter injungentes , quod dictis die & loco , omnibus aliis praetermissis personaliter intersitis ibidem nobiscum , & cum caeteris praelatis , magnatibus , & proceribus super dictis negotiis tractaturi , vestrumque consilium impensuri , & hoc nullatenus omittatis . teste rege apud darby , . die martii . per ipsum regem . eodem modo scriptum ; subscriptis , viz. thomae com. norf. mareschal . angl. fratri regis . david de strabelgi com. athol . edwardo com. kanc. fratri regis . johan . de brittania com. richmond . adomaro de valentia com. pembrochiae . edw. com. arundel . johanni de warren com. surr. roberto de umfravil com. angos hugoni de le despencer , sen. hugoni de le despencer , jun. henry de lanc. thomae de wake . fulconi filio warini . fulgoni de straunge . petro corbet . johanni de grey . johanni de hastings . johanni de claveringes . willielmo de latymer . willielmo de grandissono . johanni de bello campo de somerset . johanni de sr. johns de basinges . williel . la zouch . rico. de grey . henrico de percy . johanni bottort . johanni de cromwel . rado de camois . roberto de monte albo . antho. de lucie . thomae de furnival , sen. thomae de furnival , jun. johan . de st. john de langehan . johanni de seagrave . willielm . de roos de hamalike . rado de greystock . johanni de somery . willielmo de brewosa . johanni peache . rodol . de monte hemertii . roberto de insula . rado basset de drayton . hugoni de courtney . johanni de charlton . petro de malo lacu . rado de georges . andreo de hamloe . willielm . de boteler de wemme . henrico de bello monte. henrico filio hugonis . rado . de nevell . willielmo martino henrico huse . thomae fil . bernardi . willielmo de farrariis . johanni de thorpe . hugo de nevill . nico. nevill . ingeramo de grymes . johanni de sancto amando . roberto fill . walteri . henrico tregor . willielmo de secomaneo . pho. de columber . edwardo deynecourt . hugo ponitz . henrico de cobham : johanni marmion . willielmo de effingham . roberto de morley . rico. playtiae . marmaduco twenge . thomae de archedekene . rado de dacre . johanni de mohun . roberto de scales . rogero banent . gilberto peche . maritio de buin . edwardus dei gratia rex angliae , dominus hiberniae , & dux aquitaniae , edwardo principi walliae , & com. cestriae , filio suo charissimo , salutem . cùm nuper volentes pro quibusdam negotiis regnum nostrum angliae , nec non stabilimenta terrae nostrae scotiae specialiter tangentibus , ordinavimus die martis in quindena purificationis beatae mariae virginis prox . futur . apud westm. teneri quoddam parliamentum nostrum , & vobiscum , & cum caeteris magnatibus & proceribus ejusdem regni super negotiis illis tractatum habere & colloquium speciale ; vobis mandaverimus quod ad praedict . diem & locum personaliter interessetis , nobiscum super dictis negotiis tractaturi , vestrumque consilium impensuri ; ad quam diem propter aliqua impedimenta ultima postmodum emergentia ibidem commode interesse non possumus , quod nos tedet : vobis mandamus quod die dominica prox . post festum s. matthaei apostoli prox . futur . ibid. personaliter intersitis , nobiscum super dictis negotiis tractatur . et hoc nullatenus omittatis . teste meipso apud spaldinge , die januarii , anno regni nostri . consimiles literae directae subscriptis , viz. rogero de bigot , com. norff. & marescal . angl. rod. de mons. herme com. glouc. & hereff. humfrid . de bohun , com. hert. & essex . guido de bel. campo com. war. thom. com. lanc. rob. de vere com. oxon. gilberto de umfravill , com. de angos . henrico de lanc. adamaro de valen. johanni de ferrariis . henrico de piercie . hugo de le despencer . roberto fil . walteri . roberto de crendon . willielm . de morley . ely dawbennie . edm. barr staffe . rad. fil . wf. baroni de knovil . thom. de la roth. theobaldo de verdon sen. johanni de greystock . theobaldo de verdon jun. willielmo tutchett . ader de estlye . henrico huse . sertoni de hansladron . edwardus dei gratia rex angliae , dominus hiberniae , & dux aquitaniae ; venerabili in christo patri , s. eadem gratia archiepiscopo cant. totius angliae primati , salutem . quia pro quibusdam &c. parliament . nostrum apud westm. die dominica prox . ante festum conversionis s. pauli prox . futur . vestrumque consilium impensuri ; & hoc sicut nos , & honorem nostrum , & bonum regni , ac commune commodum ejusdem regni diligitis , nullatenus omittatis , premunient . prior. & capituli &c. ad faciena . & consentiend . hiis quae tunc de communi consilio ( favente deo ) ordinari contigerint super negotiis ante dictis . et quia propter arduitatem negotiorum praedict . celeriorem expeditionem corund . volumus primo die parliamenti personaliter interesse ; nolumus , nec intendimus vos , aut aliquem alium ad dictu●● parliamentum summonitum , qui eodem primo die personaliter interessitis , habere aliquas excusationes , nec excusationem à vobis admittere aliqualem . teste meipso apud westm , die novembris , anno regni nostri . per ipsum regem & consilium . consimilia brevia diriguntur archiepiscopo eborum angliae primati , ac singulis episcopis per angliam , viz. m. ep. london . w. winton . r. ep. sarum , &c. rex dilecto & fideli suo edwardo principi walliae filio suo charissimo salutem . quia pro quibusdam ardius & urgentibus negotiis , nos , ac statum , & bonum regimen regni nostri concernentibus parliamentum nostrum , &c. ( ut ante . ) et hoc sicut nos , & honorem nostrum , &c. nullatenus omittatis . teste ut ult . ante dict . consimilia brevia diriguntur subscriptis sub eodem dat . henrico duc. lanc. humfrid . de bohun com. hereff. & essex . tho. de bello campo , com. war. ric. com. arundel . rad. com. staff. hugon . de courtney , com. de devon. gilberto de umfravil , com. de angos . roberto de hufford com. suff. tho. com. cant. will. com. sarum . lionel com. ulton. johanni com. rich. johanni de mowbrey . edw. de le despencer . henrico de percie . rad. de nevell . rad. basset de draiton . anno quarto ed. . summonitio parliamenti . rex &c. thom. com. norff. & marescallo angliae &c. apud westm. die lunae prox . post festum s. catharinae , &c. teste apud leicest . per reg. octobr. consimiles literae diriguntur subscripti● . johanni com. cumbriae , fratri regis . henrico de lanc. com. lanc. johanni de warren com. sur. johanni de britannia com. richm. roberto vere com. oxon. johanni de bohun , com. hereff. & essex . tho. de bello campo com. warr. david de strabelgi , com. attieth . henrico de percie . roberto de clifford . willielmo ros de hamelake . willielmo de lattimer . henrico filio de hugonis . johanni petche . johanni de mowbray . rado de nevil . anth. de lacie . williel . la zouch de mortuo mari . williel . la zouch de harringworth . randolfo de dacre . richardo de damoroy . roberto de morley . hugoni de courtney . johanni de bello campo de somerset . johanni de cromwel . johanni de s. john. fulkoni de strange . simoni warde . johanni de haverington . johanni de claveringe . henrico de cobham . rogero de grey . henrico de grey . stephano de cobham . richardo de grey . thomae bardolfe . rado . basset de draiton . rado . de camoys . humfrido de ponnitz . henrico dandle . phil. darcye . willielmo de eymr . roberto de isle . johanni de marmion . philippo de columber . tho. de furnivall sen. tho. de furnivall jun. johanni de mohun . jacobo de andley . johanni matrevers , jun. willielmo blunt. bartho . de burghershe . henrico de ferrariis . johanni le strange . johanni le sherleton . bartho . de burghershe , custodi quinque portuum . anno quarto edwardi tertii . the parliament holden at westminster , the monday next after the feast of s. catherine , in the fourth year of king edward the third . the treasons , felonies , and other misdeeds of roger mortimer , are particularly repeated ; a great part whereof cannot be read , for that the roll is mouldred : but in the end it appeareth , that the king charged the lords and peers , who , as iudges of the land , by the kings assent adjudged , that the said roger as a traitor should be drawn and hanged . whereupon the earl-marshal , by commandment , with the aid of the mayor and sheriffs of london , and constable of the tower , executed him the thursday next after the first day of the same parliament . the judgment of simon bereford knight , as of councel with the said roger ; whom the marshal executed the monday next after saint thomas the apostle . the like judgment was given against iohn mantrevers knight , as being guilty of the death of edmund earl of kent , to be executed , if the said iohn could be found ; and that proclamation should be made , that whoso could bring the said iohn alive , should have a thousand marks for a reward ; and who could bring his head , five hundred marks . the like judgments were given against bogo de bayons , and iohn devarel , for the cause aforesaid , and large rewards promised for their apprehension . the like judgments are had against thomas of gourney , and william of ogle , for murdering of king edward the second , with large promises for their apprehension . it was enacted , that albeit the lords and peers of the realm , as judges of the parliament , in the presence of the king , had taken upon them to give judgment of such as were no peers of the realm ; that hereafter no peers should be driven to give iudgment on any others then on their peers . an act , that william archbishop of york , stephen bishop of london , william abbot of lugdon , william la zouch , and many others who were agreed with edmund earl of kent for the delivery of king edward the ●econd , and therefore impeached , should be acquitted , and restored to all their lands and goods . it is enacted by the king and his council , that all such persons whose lands were seised into the kings hands , by reason of the road made by the earl of lancaster to bedford , or by reason of the attempt made by the earl of kent , shall be restored thereunto with the mean profits ; saving that if they have any lands of the kings gift , the same be of the like condition as others who have lands of his gift . the king pardoneth the earl of lancaster , and all others who were in his company in the attempt aforesaid , all fines and ransoms . the mayor of london complaineth , for that the citizens were threatned by such as were of the earls company aforesaid , and now pardoned . whereupon after pardoning of them , the king willeth that no party do seek revenge , upon pain of imprisonment . edmund the eldest son of ●dmund late earl of kent , and margaret countess of ken● , by their several petitions require , that the record made against the said earl , may for the errors therein be revoked . the cause of the same earls death seemeth to have been , for that the said earl sought to del●v●r king edward the second , his brother , upon report to him made by roger mortimer earl of march , and others before condemned that the said king edward was living , whereas he was long before dead ; for which the said earl by parliament at winchester was condemned and excuted . the king restored the said edmund the son to the blood and lands of the said earl his father , whereof he died seised in fee , with dower to the countess , saving to the king the keeping and wardship of the same during the non●ge of the said son . it is also enacted , that no peer of the land , nor other person which procured the death of the said earl of kent , should be impeached therefore , other then the said earl of march , and sir simon bereford , iohn mautravers , bayones , and iohn bevervile . richard de arundel , the eldest son of the late earl of arundel , prayeth that he may be restored to blood , lands and goods , considering that the said edward was put to death , being not tryed by his peers , according to the law , and great charter . but for that the said attainder was confirmed by parliament , the said richard amendeth his petition , and prayeth in such wise to be restored of the kings meer grace . he was accordingly restored , together with the castle of arundel , which was given to edmund late earl of kent , the said richard yielding the usual rents , and saving to the king all such lands as were given to the said earl of arundel by king edward the second . for the great service done by william of montacute against the earl of march and his great favourers , the king giveth to the said william in general tail one thousand pounds yearly ; and for one thousand marks thereof , the castle , town , and manor of denbigh , and the counties of roes , rewniock , keirm , with the commerotte of dinmall , with the appurtenances in wales , late roger earl of march's , and the castle of the shrewsbury , with the custom of aile and appurtenances in dorset . the king for the like consideration granted to sir edward bohun four hundred marks yearly in general tail ; to sir robert ufford three hundred marks yearly in special tail ; and to sir iohn nevil of hornby two hundred marks in special tail . in a plea of the crown holden before the king in this parliament , thomas of berkley knight , was arraigned for the death of king edward the second , for that the said king was committed to the keeping of the said thomas , and iohn mautravers , at the castle of the said thomas at berkley in glouc. where he was murdered . the said thomas saith , that at the time of the death of the said king , he lay sick at beudley without the said castle , and was not consenting thereunto ; he thereupon did put himself in trial of twelve knights there named , who found the said thomas not guilty , or that he fled or withdrew himself thereupon , but that he placed under him thomas of gornay , and william of ogle , who murthered the said king edward the second . sir eubal le strange , and alice his wife , late the wife of thomas late earl of lancaster , shew , how upon the death of the said earl , all the hereditaments of the said alice there named were seised into the kings hands , until the said alice was inforced to release the same ; whereof some part of the same were granted to her during her life , the remainder to sir hugh le dispencer the younger : of all which they pray restitution . the king giveth unto them in fee heriditaments parcel of the same to the yearly value of twelve hundred marks , so as the said eubal and alice do release to the king all their right in the residue . it is to be noted , that the said alice was the sole daughter and heir of henry de lassey late earl of lincoln . sed non patet in recordo . william la zouch of mortimer , and elinor his wife , pray to be restored to their lands in glamorgan and morganow in wales , the manor of hawley in the county of warwick , and the manor of tewksbury in glouc. being the inheritance of the said elinor , the which they by the extort means of the late earl of march were inforced to pass the same to the king by fine . in consideration of ten thousand pounds , the king restoreth them to their former estate . iohn clavering is restored to the profits of the manor of massingham and aswel-thorp in norff. as in the right of the heir of robert thorp , who held the same of him by knights service , and other lands in fee-farm of the king , of the escheat of normand , and not of any tenure in capite . and by this it is proved , that the said heir held the moyety of the mannor of comb of the king by knights service by escheat , and not in chief , by rent of eleven pounds three shillings four pence , and fifteen shillings yearly escuage . for avoiding of inconveniences which might ensue by the debate between sir iohn sherlton and sir geoffry de la pool , the king enjoineth them to keep the peace duly . it is enacted , that all sheriffs shall be removed , and other therein placed ; and that general commissions be awarded to enquire of the oppressions of sheriffs , escheators , and coroners . the like charge is given to the earl of arundel and sir iohn carleton as before in the . for that debate was between them , because the same iohn was at the apprehension of the said earls father . it is enacted , that no justice shall defer or stay the execution of justice , neither for the great seal , letter , or other commandment . item , it is enacted , that sir william montacute , and all others with him at the apprehension of the earl of ma●ch and others in nott. being done by the kings commandment , shall be acquitted thereof , and all other murthers and felonies there done . it is also enacted , that one recognisance of two thousand pounds , which the bishop of winchester stood bound to pay to king edward the second , should be void . anno quinto edwardi tertii . in the same roll are contained the remembrances of the parliament at westminster , the morrow after s. michael , in the fifth year of king edward the third . the bishop of winchester being chancellor , sheweth that the parliament was called to treat of affairs touching the land of guienne , and for peace , and other issue to be had between the king and the french , and for the affairs of ireland , and for the kings expedition thither . the king by the chancellor asketh , whether it were best to treat with the french by way of amity , or marriage , according to the offer of the french. the commons think the way of marriage to be the best ; after which certain lords there named are appointed to treat therein . touching the affairs with ireland , it is fully accorded , that the king shall passe thither in person , and that in the mean time a power be sent thither , and commandment given , that all such as have any lands there do repair thither for defence of the same . it is agreed , that all feats of arms shall be defended as well by the justices as others , untill the king and his councel do otherwise appoint . it is accorded , that such learned in the law , as shall be sent as justices , or otherwise to serve in ireland , shall have no excuse . that search be made among all the kings records to see what hath been for the amendment of the irish. sir e●ball le strange , and eleven other mainprisors to bring forth the body of hugh , the son of hugh le despencer the younger , to answer in this parliament , who brought him forth accordingly , and shew the kings pardon to him made , whereof they pray allowance , and discharge of themselves ; which was granted . it is agreed , that queen isabel the kings mother shall have yearly four thousand pounds , in rents or lands . all the estates in full parliament do agree , that none of them shall retain , sustain , or avow any felon , or other common breaker of the law. it is enacted , that no purveyance be made , but for the king , queen , and their children , and that by good warrant and ready payment . the king shall appoint certain persons to determine the office of thomas de ferrers , and other his brothers , of the parsonage of marlston in the county of leicester . commandment is given to the abbot of crowland , and sir thomas wake of liddle , between whom debate had been , to keep the peace . the like commandment was given to sir william d● la zouch of ashby , and to sir iohn grey of rotherfield . the bishop of london shall be in councel attendant upon the king , with others of the councel . the whole estate moveth the king , to be gracious to edward the son of the late earl of march ; the king asked what they would have done , sith king edward the second was murthered by the procurement of the said earl● they answer , for certain lands intailed ; the kings answer was , that the same should be done at his pleasure . at the request of the whole estate , the king dischargeth sir thomas berkley , and his mainprisors , and day given to him to appear at the next parliament . by this , and the eighth title before , it appeareth , that the old usage was , that when any person being in the kings displeasure , was thereof acquitted by tyral , or pardon , yet notwithstanding he should put in twelve of his peers to be his sureties , for his good behaviour at the kings pleasure . whereas sr henry piercy for the yearly fee of marks stood bound to serve the king with a certain number of men , as well in peace , as in war. the king in release of the same fee , granteth to the said earl in fee the castle of workworth in northumberland , and the mannor of rochbury . in the backside of the lame roll. robert of benhall knight , william of clapton , and iohn of clapton , being convicted before the justices of assize in norfolk and suffolk , of certain riots , with sundry knights and esquires their sureties appeared in full parliament , and were severally fined , and further bound with sureties to their good behaviour . sundry merchants of brabant were arrested by the english merchants for wools , taken up to the use of the duke of brabant ; at which dukes request the king requireth that all the english me●chants do appear before the councel , and abide further order therein . anno sexto edwardi tertii . the parliament holden at westminster , the monday next after the feast of s. gregory , in the sixt year of king edward the third . at this day these two articles were read before the king and councel , and after proclaimed in westminster and london , and more was not this day , for the archbishop of canterbury , and others were not come . the first was that no man upon pain to lose all he had , should use , or wear any coat of plate , or other weapon in london , westminster , or the suburbs of the same . the second was , that no games , or other plays of men , women , or children , should be used in vvestminster , to the disturbance of the parliament . after that the archbishop of canterbury , and the bishop of london , chancellor of england , by way of oration sheweth , how the french king went to take a voyage to the holy land , and desired the kings company , which caused the king to call the same parliament . that being said , sir ieffery le scroop in the presence of the king , by his commandment , declared , that the same was called as well to redress the breach of the laws and peace , as for the kings going to the holy land. the bishops answered , that it did not properly appertain to them to councel in matters of peace , and to prescribe for the punishment of evils , and therefore they and the proctors of the clergie went by themselves to consult therein , and the lords and the * commons by themselves . the lords and the * commons return , and by the mouth of sir henry beomont , think it best to treat of matters of peace , namely , that certain justices should be appointed in every county , and of their power to determine , that in every shire certain officers with the constables be appointed for apprehending of the evill , and levying of hu● and cry. and it was by the king , bishops , lords , and commons enacted and agreed , that a sentence of excommunication , should be published in every church throughout the realm . . to excommunicate all breakers of the peace . . to excommunicate all such as should defend , receive , or be privie thereunto . . that all obligations , and such like instruments thereupon made , be utterly void , so far as lyeth in the bishop , and all others , or by them dispenced . by the fift and sixt titles before , it may appear that at this time , the lords and commons were of * one house , and that then there was no speaker for the commons . touching the kings voyage to the holy land , it was thought too timely , and therefore deferred for three years . touching the treaty with the french , and alliance by marriage : the king by sir ieffery le scroop sheweth , how the french king declareth to the kings ambassador , that so as the king would come over in person , he should finde great friendship of whom requi●ing advice therein , answer was made , that for those respect● they agreed thereunto , deferring the kings expedition into ireland , for one year , so as aid might be sent in the mean time . the saturday next after the beginning of the parliament , the same was dissolved . touching the debate between sir iohn grey of rotherfield and sir william de la zouch , which was heard before the king and his councel , in whose presence there fell great wo●ds between them , so as the said iohn drew his knife upon him in the kings presence , for the which they were both commanded to prison , and being after brought forth to their answers , the said william was delivered , and the said iohn recommitted to prison during the kings pleasure . anno sexto edwardi tertii . the parliament holden at westminster , the morrow after the nativity of our lady , in the sixth year of king e. . the bishop of winchester chancellor of england declareth , that the parliament was called touching french affairs , and the kings expedition thither for repressing his enemies . at this day were proclaimed the articles contained in the last parliament , . . . the parliament was adjourned until thursday following ; at what time considering the news from the north , they doubted the scots arrival : wherefore● the bishops by themselves , the lords by themselves , and the knights by themselves , advised the king to stay his journey into ireland , and to send thither a new supply of men and money ; to stay within the realm , and with an armed power to go towards the north , there to lie ready for the scot. towards which exploit , they granted to the king one disme , and one fifteen , to be levied of the laity , so as the king will live of his own without grieving of his subjects with outragious prizes or such like . whereupon , the king revoked the new commissions for rea●ing of tallages ; and promiseth from henceforth to remise the same according to the old rate . anno sexto edwardi tertii . the remembrances of the parliament summoned at york , the friday next before the feast of s. michael , in the sixth year of edward the third , mense decembris . memorandum , that the parliament began before the king came to york . on friday the king was not come to york , but remained not far from thence , looking for the coming of such as were warned thereto . wherefore at this day the parliament was adjourned till monday after , and from monday until tuesday then ensuing . at which day sir ieffery le scroop knight , by the k●n●s commandment , shewed the kings approach thither , which was uttered in the last parliament . and for that he understood that edward bayliol had proclaimed himself king of scotland , he required councel of the whole estate , viz. whether it were better for him to assail scotland , or to claim the demesne of the same ? or else by making himself party , to take the advantage , and thereby to enjoy the services as other his ancestors had ? but forasmuch as most of the states were absent , the assembly require the continuance of the parliament until the utas of s. hilary then next ensuing , at york , which was granted , and new summons e●pecially awarded to ev●ry p●rson with especial charge to attend , so as the aff●irs between the king and th● realm might not be delayed , for the debate betwixt the archbishops of canterbury and york , for their supreme bearing of their crosses . to th●s parliament came no other of the clergy then the archbishop of york , the bishops of lincoln and carlile , and the abbots of york and selby . the archbishop of canterbury came not , nor any other of his province ; and all for bearing of the cross. whereby the same was not only loss of the opportunity to scotland , but also an importable charge to the whole estate by a new reassembly . the reassembly of the parliament adjourned unto york , unto the uta's of s. hilary , . e● . receivers of petitions for england . receivers of petitions for gascoyne , ireland , wales , and the foreign isles . tryers of petitions for england . tryers of petitions for gascoyne , &c. as above . an order for the trying of petitions as well before the king , as before the lords . it was enacted , that the articles expressed in the last parliam●nt should be proclaimed by the steward , and marshal , and by the mayor and bailiffs at york . the same day commandment was given to the mayor of york , in the presence of the king in full parliament , to see the peace kept in the same city and suburbs thereof , and to arrest them that did the contrary . the thursday after , being the second day of the parliament , sir godfrey le scroop , in the presence of the king , declareth to the whole estates the circumstances of the two last assemblies , and how the bishop of winchester and others were appointed to consult on certain causes . the saturday after , the bishop of winchester and other committees declared , how he and they had consulted on the whole matter ; but for that the same greatly imported , they were not therein fully resolved ; whereupon they wish the king to take advice of the pope , and of the french king , for his better proceeding therein . and further , that the king would appoint wardens of the marches of the north. whereupon the commons had license to depart , and the lords commanded to attend unto the next day , at which time the parliament was dissolved . anno octavo edwardi tertii . petitions and acts moved at the parliament holden at york , the next before s. peter in cathedra , . e. . it was enacted , that the great charter of the forrest , and other statutes should be observed , and that such statutes as be obscure by good advice shall be made plain . that in every county be appointed one justice of the peace learned in the law , who shall be chief ; that all offences before them be sued to the outlawry , and that the justice do yearly extract their doings before the king. the king will be advised , only they shall yearly extract their proceedings into the treasury● that no pardon be granted to any outlawed by any suggestive means , but only by parliament . the statutes made shall be observed . that all justices of the peace may have some certain fee. the king will provide therefore . that sheriffs may continue but one year , according to the statute of lincoln , and woodstock . the statutes therefore made shall stand , and the chancellor , and others , who are appointed to make choice of sheriffs , shall name able men , who shall continue one year , or longer , according to their demeanour . it is enacted , that the justices of the one bench , and of the other , justices of assize , and the peace in every county shall determine of false jurors , and maintainers , and that the king by his letters patents hath charged all archbishops meekly to pronounce in every parish excommunication against all such offendors . that all men may have their writs out of the chancery for only the fees of the seal without any fine , according to the great charter . nulli vendemus justiciam . such as be of course shall be so , and such as be of grace the king will command the chancellor to be therein gracious . it is enacted , that bigamy shall be tryed only in court christian. that remedy may be had against oppressions of the clergy for probates of wills , and citations for trifles . the king will herein do his best , and chargeth the bishops to do the like . it is enacted , that the justices of assize , after their assize taken , shall not depart before they have made delivery of their gaol , on pain to lose their fees. it is enacted , if any delivery be taken before any other justices then before such justices as are appointed thereto , contrary to the statutes of northampton , that the same may be void . that every infant acknowledging any statute or recognisance , may at his full age averre his nonage . there is a better law then by averment . that all men may have delivery of their beasts which escape into any hay or forrest , without any fine to the forrester who accompteth them forfeits ; and that coroners may execute their office there . the coroners shall execute their office there , and wardens of forrests shall be commanded to keep their officers from extorting . that certain may be appointed to hear the debates between the town of great yarmouth and little yarmouth . the judgments therefore made between them shall stand . that remedy may be had for the true making of woollen cloaths according to the assize . the king will provide for the execution of the statute . that no money be carried forth out o● the realm . the king will therefore provide . it is enacted , that no purveyance be made but only for the king. that pardon may be granted for the debts of king iohn , and henry the third , for which process came daily out of the exchequer . the king will provide answer the next parliament . that remedy may be had against sheriffs and their officers for gathering of green wax . the statutes therefore shall stand . on the back-side of the same roll. for that the staple was ordained to endure at the kings pleasure , it is enacted that the same staple should be revoked ; and that all merchants-strangers may freely buy any staple-wares , paying the due custom . sundry justices in sundry counties appointed to enquire of the felonies of bennet of normandy . it is enacted , the kings bench shall stay in warwickshire after easter next ; for that sir ieffery le scroop chief justice is busie in the kings weighty affairs , whose place to supply sir richard willoughby is appointed , and sir william shareshall is assigned with him one of the justices of the bench. anno decimo tertio edwardi tertii . the remembrances of the parliament holden at westminster , in quindena of s. michael , ann. edw. . a proclamation was made as in e. . tit . . the causes of the parliament were declared to be three , viz. first for the observation of the peace . secondly for the defence of the marches towards scotland . thirdly for the keeping of the sea. after the archbishop of canterbury , who with the bishop of duresme , and sir michael de la pool , came from the king beyond the seas in message to the whole estates , declared the things there atchieved , and the hazard of his own person and whole power thereby , wanting necessary things out of england . and by letters sent to the earl of huntington , and to merchants at pearch , it was declared , how the king remained about s. quintins , accompanied with fifteen thousand armed men , and a great number more . it was also declared how the king and others about him , for the furnishing of him , and the procuring of his allies for this enterprise , stood bound in three hundred thousand pounds , the which with his honor he ought to pay before his departure . so as the end was , he needed aid . whereupon the duke of cornwal , guardian of england , and other lords , granted to the king aid as followeth . for the money he wanted , the archbishop of canterbury by the kings letters-patents had commission to grant certain things to the lords and commons . the lords grant to the king the tenth sheaf of all the corn of their demesns , except of their bound tenants ; the tenth fleece of wooll , and the tenth lamb of their own store , to be paid in two years : and would that the great * wrong set upon wooll be revoked , and that this grant turn not into a custom . that the keeping of the kings wards lands may be committed to the next of the kin of the same ward . that remedy may be found against such as dying pass away their lands to defraud the lord of the wardship . the commons made answer , that they knew and tendred the kings estate , and were ready to aid the same ; only in this new devise they durst not agree without further conference with their countries ; and so praying respite until another time , they promise to travel to their countries . the commons answer to the three causes of the parliament , in form following . first touching the peace , it would much help , if good justices were appointed in every county . if such as be let to main-prise do put in good sureties , as esquires or gentlemen , and that no pardons were granted but by parliament . for keeping of the sea , the cinque ports , or other haven towns , who are discharged of all other contributions , should do the same aid for the sea coasts ; that such as have lands thereby be bound to keep thereupon . the like devise for keeping of the marches of the north , as is next before , viz. the keeping of the sea-coasts . the demands of the commons . first , that the king will pardon all felonies , escapes , trespass for the forrest , and otherwise , all aids to make the kings son a knight , or to marry his daughter . that all purveyors as well with commission as without , shall be arrested if they make not present pay . a pardon of old debts , and duties untill the kings coronation . that all customes of wools and lead , may be taken as it hath been , and not as lately enhaunsed , with common assent , and that if it be , resistance may be made . and further that knowledge may be had how these may be assured . for to help the want of money , it was thought good that every merchant , for every sack of wool , should bring in forty shillings in bullion to be stamped within the realm . for maintenance of the navy , it was enacted , that the navy of the whole realm should remain in some certain place , without any scattering by any private men , untill further order be taken . it was agreed that the archbishop of canterbury , and other nobles by their letters should require the archbishop of york , and his clergy , to contribute for the defence of the north , as they had done . sundry are appointed to follow this devise , and to prepare the array into divers countries . it is agreed , that the inhabitants of holdernes shall be arrayed , and grant aid for keeping of the north-marches , and other exploits there , as well as others of the county of york , albeit they be appointed by commission to keep the same . it is agreed , that the commissions of sir william wallingford , and all other commissioners for purveyance for the king , be utterly void . that all officers of ports by the kings writ do restrain the transporting of corn. that the earl of richmond , the lord clifford , the lord ros of wake , the lord moubray , and sir william daubeny , are to be commanded by writ to repair towards their lands , for the defence of the north-marches , or being unable , that they then send power thither to the lords , there . that the writs to summon the next parliament , may charge every sheriff for his county to return two knights girded with swords . that every archbishop do before the next parliament , certifie all benefices in every aliens hands , of the value thereof , and of the residence thereof . that two writs be sent , the one , to call the convocation of the province of canterbury , and the other of york , against hillary ensuing . it is also to be remembred to summon the parliament , against the utaves of s. hillary then ensuing . anno decimo tertio edwardi tertii . the remembrances of the parliament holden at westminster , in the octaves of s. hillary , e. . for that the duke of cornwal , guardian of england , was busied about the kings weighty affairs , the archbishop of canterbury , the dean of york , the kings treasurer , richard de willoughby , iohn de ston . and iohn de s. pool , four , three , or two of them by the kings letters patents were appointed to begin , and continue the parliament for , and in the name of the king , and guardian , and so do all things which the said guardian should do , untill his coming . hereupon the artic●es contained in the last parliament , tit . . were proclaimed . the commission at large being , edwardus , &c. ending teste edw. duce cornubiae , & com. cestr. filio nostro charissimo gardiano de angl. the commissioners cause sundry of the lords and commons to assemble in the chamber of presence , before whom , for that sundry of both houses were not come , they continued the parliament from day to day untill the munday next after the octaves aforesaid ; during which time , merchants , owners of ships , and mariners did attend . the same day the causes of the parliament were declared , viz. for the aid to the king , keeping of the sea , and defence of the north-marches , whereunto the commons required respit untill saturday the nineteenth of february . the same day the commons offer to give the king for his relief , thirty thousand sacks of wooll , upon condition expressed in a pair of indentures : the lords promise to send to the king to know his pleasure . the lords granted that such of them , or of their peers , as hold by a barony , should give the tenth of their grain , wool , and lamb , and of all their own demesnes . for more speed after long debating , the commons grant to give presently to the king , twenty five hundred sacks of wool , so as if the king liked the conditions aforesaid , the same should run in part of payment ; if not , they would freely give to the king. the merchants of england had day untill munday the first week of lent. the mariners of the five ports promised to make ready their ships before middle lent , viz. one and twenty of their own , and nine of the thames , and to bear half the charges , the other half the councel promised to bear of their own good will ; but not of duty . the mariners of the west appoint to set forth ninety ships of an hundred tun burthen and above , and to bear the whole charges if they could . two clerks are appointed to have the charges , the one for the west , the other for the cinque ports . all ships of portsmouth , and from thence towards the west of the burthen of one hundred tuns , and above , shall ride at dartsmouth , whose admiral shall be the earl of arundel . the ships of the cinque-ports , and of the thames , being of that burthen , shall ride at winchelsey , whose admiral shall be the earl of huntington ; all which ships shall be ready by next lent. commandment is given to the admiral to stay all other ships which may pass the seas , and to warn them to go into safe harbors . general proclamations to be made , that all persons having charters of pardons , to resort to the sea-coasts for the kings service , upon pain to forfeit the same . sir richard talbot is appointed to keep the town of southampton , which he had undertaken ; who for the same shall have twenty men at arms , and a hundred archers at the kings wages , and more if need require . all which soldiers shall receive before-hand a moneths pay , and the said richard a hundred pounds by way of reward . the said richard is appointed to see the same town fortified according to a pair of indentures , and to levy the charges of the neighbors there bordering by , and more ( if need be ) to levy of the inhabitants . the bishop of winchester , the prior of s. swithins , and the abbot of hide , are appointed with all their power to keep at their manors next to southampton , and to be ready at the call of the same richard. that two pinaces , the one of welbrook , the other of roger normandes , to attend the pleasure of the said richard in the port aforesaid . that all the inhabitants of southampton do attend to defend the same , and not depart on pain to lose all . that stephen butterley and william of weston , serjeants at arms , do provide sufficient timber-boards and other necessaries for the same town by indenture . that all munition and other furniture of the same town be delivered unto the said richard by indenture . that the said richard have the like power in all things , as the earl of warwick had at such time as he was gardian there . that the sheriff of southampton have a writ of attendance on the said richard for victuals and other necessaries . touching barwick and edinburgh , william of snoringe and iohn at fennes merchants of lyn , robert of bayons and henry le smith merchants of barton upon humber , do undertake at a certain price , and by a certain day to deliver ten thousand quarters of all kind of grain at the town of barwick , and in the road of lighe ; every quarter of wheat and malt at nine shillings ; oats , beans and pease at five shillings . a caution , that under colour of the same they should not serve the kings enemies . sir thomas rooksby hath taken upon him the keeping of the castle of edinburgh and strivling , until midsomer then next ensuing . the division of the corn aforesaid , and of other victuals of the same castle and town of barwick are made , the greatest whereof is allotted to the castle . touching the isle of wight . for keeping the same● it was provided , that all the inhabitants of the same during the war should be respited of the payment of the aid . that none of the same isle shall be dispensed with to be absent therefrom , neither be warned of any assise or inquest , during the wars . provision for wine , grain , coals , and other necessaries for the castle of carisbrook in wight . the kings butler is appointed to deliver the wine to sir iohn de longford constable of the same castle ; and vvilliam of kenenwich is commanded to provide the rest . sir iohn de ferrers captain of iersey , hath appointed to send thither a sufficient deputy , to whom certain things are appointed for the defence of the same . commandment is given to the bailiffs to seise the goods of william paine , a late jurate there who revolted to the enemy , and to choose another . it is enacted , that the temporalities of the provost of vvells be restored to the provost now to hold his former estate . on the back-side of the same roll. the number of such as were set out by certain nobles , knights and gentlemen of the counties of york , nottingham , derby , lancaster , and cumberland , by particular rate , being in the whole of men and arms , seven thousand four hundred ; of archers on horseback , two hundred ; and of halberters , two thousand . the soldiers of york , nottingham and derby , shall go at the costs of the country unto newcastle upon tine ; only they of vvestmerland , cumberland , and lancaster , to carlisle only : and the captains and others being together , shall lie and forrage upon scotland , and not upon the marches of england . a clerk to be appointed for the defraying of the wages , by the oversight of the lords percy and nevil . to speak with the nobles and knights to execute those things , and to talk with the merchants for shifts , and return of money for these exploits . for that richard talbot is discharged for the keeping of berwick , it is agreed , that sir walter clark shall keep the same till easter insuing . sir thomas de wake , sir william ros , sir tho. ughtred , sir william de la pool , and sir michael de vvath , are appointed to set for the array of souldiers for the county of york . sir nicholas de cantelow , and sir richard de vvilloughby , sir thomas le longvillers , for the counties of nottingham and derby . sir henry heydock , and robert de radcliff for the county of lanc. sir anthony lucy , sir pierce tilliol , and sir hugh delowthrey , and robert parvynge for vvestmerland , and cumberland . the lords piercy , and nevill , sir robert dacres , sir iohn de fenwick , and sir thomas de helprescotes , for northumberland , who may appoint captains , and them displace on cause reasonable . an act to survey all wasts done by any persons to the possessions of any religious houses , being in the hands of aliens with the circumstances . writs of respits to be made for the prior at s. dennyses next south● for the parsonages of rye and sandwich , for paiment of their dismes . the like for the prior of brumcester for the setting forth of one man at arms , and two archers . anno decimo quarto edwardi tertii . the remembrances of the parliament holden at westminster , the wednesday next after midlent , in the reign of king edw. . the th . and of france the first . open proclamation was made in westminster hall , as in the last parliament , tit . . sir thomas of drayton is made clerk of the parliament . sundry are appointed to receive the petitions of ireland , vvales● and flanders . the thursday after , the parliament was adjourned until saturday ensuing . the same saturday it was declared , that the parliament was called , that the king might be aided with a great sum , the which lay him upon , and therefore the commons are willed to give answer on munday ensuing . the same munday they granted to the king the ninth of their grain , wool , and lamb for two yeers to be levyed , and of all townsmen the ninth of their goods , of such as dwelled in forrests and wastes , a fifteenth , on condition the king would grant their petitions contained in a schedule . the petitions be these , viz. sundry bishops , lords , and commons , were appointed daily to sit untill they had reduced the aforesaid grant in form of a statute . they brought the same into the form of a statute , agreed upon by the king , and the whole estates , which beginneth , to the honour of god. and such articles as were to continue but for a time , the king exemplified under the great seal , beginning , know ye that where our bishops , earls , &c. for that also the king in his stile was named king of france , and had changed his arms , whereby the subjects were not longer bound to obey him as king of france , the kings letters patents of indempnity were granted , beginning edwardus , &c. know ye that where some people intend , &c. certain bishops and lords , require to be saved harmless against the duke of brabant , for great sums of money , wherein they stood bound for the king , if the duke of cornwal married not with the daughter of the said duke , which was granted , and all which letters patents were inrolled in the chancery . the petitions of the clergy by assent were made into a statute , and began edwardus &c. and enrolled , as above . certain named to debate of matters concerning flanders . certain are appointed to speak with the merchants touching exchange to bruxels . some to confer with the merchants of england . others to dilate with prior aliens . other some to consult to●ching the defence of the north marches . others to intreat of the affairs of gascoign . certain appointed to keep the island , and sea-coasts . touching the keeping of the peace , and performance of covenants between the duke of brabant , it shall be debated in the presence of the king. concerning money , the same shall be moved to the commons . certain appointed to take the accompts of sir vvilliam de la pool , iohn chernels , and paul de monteflore , and others , who had received money , wools , and other goods to the kings use . day was given to the same vvilliam to account , who found sureties , the earl of derby , and the lord vvake . sir iohn chernels found sureties to account , the same earl , and sir iohn montgomery . piercy dyme , and other merchants of bard , found sureties the earl of huntingdon . william of vvelchborn found sureties , sir iohn sturmey , and sir iohn charvels . paul de monteflore found sureties , sir iohn de hareshal , sir iohn darcy , sir reynold of cobham , and sir iohn stradling . the parliament was continued or prorogued untill vvednesday in easter week then ensuing . certain appointed to sit on petitions had before the king. the bishops , at the request of the king , promise that they will never dissent from the kings promise made for the customs of wooll , but by common assent of parliament . to remember to repeal a commission made to sir robert de watford of the opposer in the exchequer . to remember to respite the prior of s. dennis next southampton , and of southwick , for paying their tenths and fifteens . to direct a commission to sir robert de popham to be sheriff of southampton at the kings will. it is enacted , that the king may with the assent of his allies take any reasonable peace . in consideration of the good service done by the marquess of iuliers , the king maketh him earl of cambridge , and giveth him in fee a thousand pounds yearly , until the king provide for him so much of hereditaments . it is enacted , that the duke of cornwal in the kings absence shall be keeper of england ; and that the archbishop of canterbury , the earls of lancaster , vvarwick , and of huntington shall attend on him , calling to them such justices and others as they shall think fit for good ordinance . that the charter by writs do pay the merchants of barton and lyn for their purvey of corn. such merchants denizens as by writ were to appear , are comman●●ed to attend the day after the ascension . pardons shall be made to sir robert iorce , vvilliam de glaston , pierce tilial , and simon de rug●y , of all debts . that the like be made to thomas of brookhall for thirty two tons of powder . the earl of angos , the lord piercy , sir iohn greygrave , sir ralph de nevil , and sir anthony de lucy , at their own costs particularly set forth to scotland in the whole two hundred and ten men at arms , and two hundred and twenty archers . the lord mowbray shall have the keeping of barwick with one hundred and twenty men at arms , one hundred halberters , and two hundred archers ; of whom the said lord shall ●ind eighty men at arms , twenty halberters , and forty archers , and the king the rest . sir william felton setteth forth sixty men at arms , fifty halberters , and fifty archers to ride with the lords into the marches ; and towards the keeping of the castle of roxborough , whereof he is keeper , he findeth thirty six men at arms , and forty halberters . the king of scots chargeth himself to find twenty men at arms ; and for the maintenance of his estate , he shall during the vacation of the archbishop of york , have the keeping of the manor of heklisham , and three hundred pounds yearly of the desms within the diocese of york . the lord ros , sir ralph bolmer , sir iohn of willoughby , sir henry of fitzhugh , &c. adam de well , do set forth five hundred and fifty men . the lord mowbray shall have one hundred pounds imprest to help to set himself forth . a commission shall be made to the said lord mowbray of justiceship of length , and a writ to sir richard talbot to deliver to him rule , and remembr●nces touching the same . sir thomas de rogeby chargeth himself with one certain number in peace , with another in war , for the keeping of the castles of edin●urgh and sterling . a commission to be made to sir iohn burden parson of rodebury to the chamberlain of berwick at the kings pleasure , the yearly fee of one hundred marks ; and that robert de ●urchal , who was both chamberla●n and victu●ller , and had one hundred marks fee , should have only fifty marks fee. it is agreed , that every one that is of power and ability , shall be ready upon warning to go forth towards the north-marches . that no victuals be carried by sea out of england into scotland . that a commission be made to the earl of angos , the lord piercy , and sir ralph nevil , or two of them , to set forth the arrays of yorkshire , nottingham , derby , and northumberland ; to punish all rebels and disobedient , to determine all trespasses done in northumberland and the kings land in scotland , to receive any person to the peace or pardon , and to take truce . the like commission to be made to the lord wake , sir percy tilial , and sir anthony de lucy , whereof the said anthony be one for the west-marches . the duke of cornwall shall be keeper of england in the kings absence , and the archbishop of canterbury and the earl of hungtingdon to be chief councellors of the realm . the bishop of lincoln shall go to the king to be his councellor . provision of victuals shall be made at southampton and sandwich for the kings navy . anno decimo quarto edwardi tertii . summonitio ad parliamentum . rex &c. henrico com. lanc. &c. apud westm. die mercurii post festum translationis s. thomae martyris , &c. teste rege apud vvestm . die maii. johan . de warrenia com. sarum● hugoni de courtney com. devon . willielmo de bohun com. northampton . willielmo de clynton com. huntington . hugoni de audley com. glouc. gilberto de umfravil com. angos . laurence de hastings com. pembrochiae . thom. wake de liddle . willielmo de ros de hamelake . johanni de mowbray . hen. fitz hugh . willielmo la zouch de harringworth . johanni bardolf . johanni de bello campo de somerset . nicolao de cantelupo . rado de staff : johanni de seagrave . tho. de berkley . anthon. de lucy . gilberto talbot . johanni de harrington . henrico grey . rogero gray . rado basset de drayton . hugoni de poyns . pho. de columbariis . rogero de claudes . johanni nevil de essex . nico. de nevil . roberto de insula . jacobo de audley . johanni le strange . hugoni le despencer . petro de malo lacu le quint. rado de bevill . rico. talbot . johanni de willoughby . johanni de charlton sen. ado de well . willielmo ayncourt . willielmo de kerdeston . johan . de sutton in holderness . johan . de fawconbridge . roberto de morley . johanni de lawborne . henrico hussey . johanni de gray de rotherfield . johan . fil . rico. de gray de codemore . johanni de tibetot . roberto . fitz pain , & rico piercy . willlielmo de clinton com. hunt. custodi quinque portuum . anno decimo quarto edwardi tertii . de consilio summon : cum consilio in propinquis partibus propter alacritatem . rex i. archiepiscopo cant. &c. apud westm. die lunae post festum sancti michaelis , &c. teste apud westm. septembris . consimiles literae conscriptae . rico episc. london rico. episc. bath , & wells . johanni episcopo eliensi . rico. episcopo sar. abbi de waltham sancti crucis abbati westminst . johanni de warrenia com. sarum . rico. com. arundel . humf. de bohun com. heref. willielmo de clinton , com. huntington . laurenc . de hastings , com. pembrochiae . rad. basset de drayton . tho. wake de lullell . barthol . de bourchew . rogero de grey . hen. de grey . hugo le despencer . johanni de grey de rotherfield . johanni de stonore . henrico hussey . willielmo de shareshall . jacobo de woodstock . richardo talbot , &c. the parliament holden at westminster , the wednesday next after the translation of s. thomas the martyr , anno e. . declaration was made , that the parliament was called , first , to consult what was best for the king and his allies to do to the enemy being on the sea ; to provide for the common peace of the land , for the defence of the north-marches , for the keeping of the sea ; and how the king might be answered for the last subsidy granted . after this , open proclamation was made in vvestminster-hall , of the articles in the last parliament , tit . . on thursday , upon declaration made of the kings victory of the enemies , and how for the performance of the same he was to be aided with money ; and day given until saturday then ensuing to answer . on saturday , the lords and commons granted to the king as in the last parliament , viz. the ninth of their corn , wooll and lamb , and many devises made for the due answering of the same . hereupon came the earl of arundel , and sir vvilliam trussel from the king with letters of credit under the privy-seal , directed to the lords and commons ; purporting his great victory , and no less necessity to have indelayed pay of money : which letters are at large . by the same letters , amongst other things , it appeareth , that the king got the victory on s. iohns day , in the water of swine , in the port there . and that also the kings allies carried the king about tournay with an hundred men , and that sir robert de artons carried him at s. havers with five men . in the end the king sheweth great cause of danger , and more of dishonor , without present aid , and requireth further credit in the bearers . after this , certain bishops , lords and knights there named do appoint of their own credit to spare the king twenty thousand sacks of wooll , every sack to be sold five marks under the price made at nott. so as the king should be answered for every of the sacks of the best sort six pounds , for others five pounds● and for the worst four marks , over and above forty shillings custom for every sack , whereof present return should be made to the king. an order taken , that the subsidy of the next year should be imployed for the paiment of these woolls , and to be confirmed by the kings letters-patents . provision is appointed to be made for the king , two parts at sandwich , and the third at southampton ; of wheat two thousand quarters , of beans and pease five hundred quarters , of bacon eight hundred , of ale two hundred tuns , of cheese forty wayes , of wine an hundred tuns . ambrose de bewburgh is appointed for the purvey at sandwich , sir iohn de waterhall at southampton . four thousand four hundred pounds is assigned to the kings butler out of the aid of essex and oxon. the king of scots shall have as in the last parliament , tit . , . who with forty men at arms is appointed to serve at carlisle . certain by the advice of the earl of angos and of the lord piercy shall be appointed to set forth the arrays of yorkshire , nottingham and derby , to newcastle upon tine , and so to the marches . such parsons of churches as pay their tenths , shall pay no ninth . the sheriff of southampton is appointed to repair to the constable of the castle of carisbrook and wight , and there to muster the men of the same isle , and to choose a keeper of the same until further order . others to make enquiry of the like on this side trent . a writ of warrant to be directed to the sheriff of york , to deliver the body of the earl of norfolk to the bishop of duresm , the lord piercy , and sir ralph nevil ; they to do further according to their commission . that prior-aliens and others who have their possessions in farm of the king , shall pay no ninths . a writ to gather no ninths of any religious person who payeth his desme , and was not summoned to the parliament until michaelmas next . that such hospitals as have not heretofore been taxed , shall pay no ninths . every sheriff by writ shall cause some certain merchants of every city and town within their bailiwick to appear before the council at a day ; and proclaim that no person buy any wools before the king be served , whereunto all customers shall have an eye . that the gathering of the ninths for the isle of wight be stayed until michaelmas . it is enacted , that twenty thousand sacks of wooll granted to the king , shall be taken in whose hands the same may be found , or agreement to be made therefore of the two payments of the ninths . henry gould le better , thomas gray , william of lancaster , and iohn of luttrington take fifteen hundred sacks of wooll within the county of york , to pay for every sack l. s. over and above s. custom within three weeks . hardolf of barto merchant of hull , and thomas thurwit merchant of beverley , took one thousand sacks of wooll , five hundred of nottingham at l. s. d. the sack ; and five hundred at derby , at l. s. d. the sack , over and above s. custom to pay as next before . thomas of loveshed , william de mallerstrange , and banbridge● merchants of york , do take four hundred sacks of cumberland and westmerland , at four marks every sack , to pay over and above the custom as aforesaid . walter de le prist of melt . bonbray , and hugh coskhead merchants of barto upon humber , have five hundred sacks of leicester for eight marks the sack , one hundred sacks of rutland for l. s. the sack , over &c. to pay as before . thomas colls , richard weston , adam de la hone , and iohn retoun , have of salop four hundred sacks at l. s. d. one hundred sacks of stuff , at l. s. d. the sack , &c. over and above as before . writs sent to every sheriff to execute the title before , that there wanted merchants to buy any more ware. the merchants of bard and permich , upon payment of the ninths in sundry countries there named , appoint to pay to sundry of the kings creditors beyond the seas , the sum of l. s. d. and that certain of the kings jewels lying in gage therefore should be delivered . sir william de la pool appointed to pay to the king before michaelmas three hundred marks beyond the seas , so as he might have his competent of wooll , or else the first ninths granted in suffolk . remembrances for the king to keep promise . to keep the sea , and to purvey for the navy , and to defend the isles of iersey and gernsey . that anthony bath do deliver the kings jewels . touching assignment made to conrade clipping and goddeck de renley , for the customs of england . that five hundred sacks of wooll in gloucester , be assigned to queen philip for the paiment of her debts . a letter sent from the lords of the parliament to the king by sir william trussel , containing the grant of their ninths , and their policy of wooll for the present shift . the postscript requireth the king to buy at sluce , and other ports of zealand ; for the greatest store of wools were conveyed by stealth . another letter in private , sent ( as it seemeth ) from some of the council , to the effect of their letters . a special and rare cause , both for law and power of parliament . the cause is very long , but the abridgement here containeth the whole matter in law , as followeth : sir iohn stanton , and anne his wife , by fine give unto thomas de cranthorn , certain lands in helleston : the same thomas thereby reverted them back to the same iohn , and anne his wife to the heirs of anne . after which , sir ieffery stanton brought his formedon en le descender , against the said iohn and anne for the premises ; wherein after essoins , and other delays used by the said iohn , the same anne upon prayer was received , and vouched to warrant the said iohn ; the which voucher sir ieffery counterpleaded : anne verifieth and saith , if the court shall rule her to answer further , she was ready ; upon which counter-plea they demurred in law in the common pleas ; upon which demurrer , for that the said sir ieffery could not get the judges to proceed in judgement , he in the last parliament by his petition , prayeth the examination of the matter , and to have judgement . after which the house of parliament do cause the kings writ under the great seal containing the whole matter , and transcript of the same to be sent to the justices of the common pleas , willing them thereby , that if the matter so stood , that then they should without delay proceed to judgement . after this an alias in the nature aforesaid , or else to signifie the cause , was directed to the justices as aforesaid , who yet did nothing ; upon which matter , the same sir ieffery by another petition requireth that the judges may be commanded to proceed to judgement , or else they may come into the house with the whole record , so as in the parliament judgement may be given on the one party . whereupon the whole house commanded sir thomas of drayton clerk of the parliament , to go to sir iohn stoner , and other of his companions of the common pleas , and to require them , according to the plea pleaded , to proceed to judgement ; and if they could not so do for difficulty , that then they should at a day come into the house , and bring with them the whole process and record . the justices at the day came into the parliament house with the record aforesaid , where in the presence of all the lords , justices , and others of the kings councel learned , it was agreed ; that the said sir ieffery being a stranger to the fine , might well aver that thomas had nothing therein , and that anne could not vouch iohn her husband , nor be received to the averment aforesaid , notwithstanding her protestation in the court , &c. wherefore it was agreed that the said ieffery should recover . and thereupon a writ under the great seal was sent to the said justices to give judgment accordingly . anno decimo quinto edwardi tertii . the parliament holden at westminster , the munday in easter week edw. . it is agreed , that sir thomas drayton shall be clerk of the parliament . the articles contained in the third title of the last parliament are proclaimed in westminster hall. receivers of petitions for england , ireland , wales , scotland , gascoin , and of the isles . tryers of petitions as aforesaid . for that sundry of the lords and commons were not come , the parliament was continued from day to day untill thursday ensuing . the same day the cause of the parliament was declared to be , how the king might be answered of the grant of the ninth , which was to him given in consideration that he should passe in person against the enemy philip de valois , who had taken away part of the dutchy of guienne , much part of which grant was kept from the king by evill officers . another cause how more plenty of money might be had , and whether florences were to be currant with the sterling . declaration was also made that such as found themselves grieved with the king , or his officers , should upon complaint find remedy . from this thursday untill thursday after , the parliament was continued from day to day on this point , that the nobles of this land , should not be put to answer but in open parliament by their peers ; whereupon are named four bishops , four earls , and four barons to draw the plot. these persons being in their devise assigned to the effect aforesaid , as hereafter doth ensue , under the name of which peers they bring the chancellor and treasurer , and such like officers , and that all estates may injoy their liberties . the same day the king came into s. edwards chamber commonly called , the chamber de pinct . before whom , all the lords and commons , the archbishop of canterbury humbled himself , and required his favour , which he granted . after which the archbishop desired that where he was defamed through the realm , that he might be arraigned in open parliament before his peers : the king made answer , that he would attend to the common affairs , and after hear others . the articles of the commons . first , that the great charter may in all points be observed ; so as such persons as are neither appealed , indicted , or followed at the suit of the party , and yet have their goods , and lands , and possessions taken from them , may be restored thereto again . that the chancellor and other officers there named shall upon their entries into their offices be always sworn to observe the laws of the land , and points of the great charter . that every man for debts due to the kings ancestors may have therefore charters of pardon of course out of the chancery . that certain by commission may hear the accounts of all such as received wooll , aid , or other money for the king , and that the same may be enrolled in the chancery . that the ordinances made at northampton , that men of ev●l life and name should be attached , whereby sundry honest men by colour thereof have been arrested , may be repealed . that many commissions whereby sundry men have been fined by the commissioners outragiously , may be revoked , and new granted to others . that the chancellor , and all other officers there named , may be chosen in open parliament ; they also there openly sworne to observe all laws as aforesaid . and the meaning of the lords and commons by one assent is , that all things in the statute wherein the ninths are granted should be kept ; otherwise they think themselves not bound to pay any ; where if the king should grant those things in the petitions , they will then make him reasonable answer . they also pray , that till the wednesday then ensuing their articles may be committed to certain bishops , earls , barons , and other wise men there named , by them to be amended ; the which the king granted . the articles of the clergy . the same day the archbishop of canterbury and other bishops exhibited to the king certain petitions , viz. first they shew how sundry clerks were imprisoned by the kings officers , without due process . that the liberties of the church , and all liberties granted to any estate may be kept ; and that the great charter may be newly proclaimed , and by oath confirmed . that such clerks and lay-men as are imprisoned against the order of the great charter , may be delivered . that the justices upon the sheriffs return , that a clerk hath no lay-fee , awardeth a capias without any writ to the bishop , and so upon a condemnation against a clerk causeth the same to be levied without any writ to the bishop , against the priviledge of the church . that sundry of the kings officers and others have entred into divers religious houses and parsonages , and by force taken away their goods ; and further upon oaths extorted upon those persons , have enquired of things within their houses , and them so found have carried away . that the justices have punished usurers , and impeached the officers of the church for taking money for corporal pain , probate of w●lls , solemnizing of marriage . that the kings officers have levied of parsons of the churches , the ninth of their corn , wooll and lamb , where they ought to pay their tenths . touching the petitions of the clergy , the kings answer was openly read in the parliament ; the which because the clergy liked not , they desired a copy of the same to deliberate thereupon , which was granted . in the end the answer was as followeth . the answer to the clergy . the kings meaning is not , that any clerk should be attached against law. to the second , he would the observation of the great charter and other liberties ; which being exemplified under the great seal , he thinketh may suffice , and that there needeth no other swearing thereto , considering that within the realm there are already too many forsworne . to the third , he is ready to hear if any be imprisoned against the law or statute of northampton to the fourth , the process and order therein are avowable by law , and neither would the king that any man should enter into the churches fee against their liberties . the king would not that any of his officers should enter into any of the kings churches lands , or to take any their goods ; but if lay-men to defraud the king do bring their goods thither , the king thinketh himself to be wronged . to the seventh , the king will have the punishment of dead usurers , and the ordinaries of living usurers . and touching money for pains pecuniary , probate of wills , solemnity of marriage , and such like , the king would not his officers to have any cognisance . to the eighth , he would not the ninths or tenths to be paid otherwise then the same was granted , viz. of such as hold by a barony , or use to be summoned to the parliament . but if any of the church have appropriated any possessions heretofore not taxed , that then they pay the ninth by the equity of the statute . the saturday after , the king answered the demands of the lords , in manner following : the king granteth for him and his heirs , that if any person commit any act against the form of the great charter , or any other good law , that he shall answer in parliament , or else where he ought to answer according to the law. and to the commons petitions , an answer was made as followeth . to the first , he will as in the answer to the lords . to the second for the oath of his officers , he would the same . to the third for pardoning of debts . he granteth . to the fourth he granteth , so as the treasurer and chief baron may be adjoined . to the fifth , he revoketh the statute made at northampton . to the sixth , the king willeth the same be done in the presence of him , of the lords , and certain of the commons . to the seventh , the king liketh , that if any such officer dyeth , or otherwise shall fall void , that in the choice of a new officer he shall have the assent of the nobles ; and that such officer shall be sworne at the next parliament , according to the petition . and at every parliament , the king shall reassume into his hands all such offices , so as the said officers shall answer unto all objections . hereupon at the request of the whole estate these articles were statutes as on the back of the roll doth appear , the which statutes , with the conditions , were after read before the king , the chancellor , treasurer , justices of both benches , steward of the kings chamber , and others , all who were sworn upon the crosse of canterbury to perform the same ; only the chancellor , treasurer , and certain of the justices refused the same oath as repugnant to their former oath , and laws of the realm . the which statutes , and conditions together with the commissions for the enquiry of oppressions were exemplified under the great seal , and delivered to the lords and commons . the saturday in the week of pentecost , the articles ensuing were agreed upon . that the bishops of duresme , and sarum , the earls of northampton , arundel , warwick , and salisbury shall hear the answer of the archbishop of canterbury , the same to be debated of in the next parliament . because the king should before michaelmas next transport twenty thousand sacks of wool : it was provided that no man before that time should passe over any wool on pain of treble losse , life , and member . that the king during the wars of france may charge religious aliens . that the bishop of chester , sir robert wake , sir robert of sodington , by such as have knowledge of every county , may apportion wool granted to the king , according to the assesment of the fifteenth , late made in every county , who did so . the particular rate of every county for wool granted to the king , the which rates were delivered into the chancery by roll entred , and thereupon commissions made for the gathering of the same . and it is to be remembred that all things touching the arraignment of the archbishop of canterbury , do remain with sir william of keldesbye , keeper of the privie seal . in the back of these rolls are contained the statutes , conditions , and commissions before specified , being the effect of the whole parliament . the print touching the confirmation of the great charter , and other liberties , cap. . agreeth with the record . the print , that no peer of the land shall be impeached but by tryall of his peers , cap. . agreeth with the record . the print , that no man shall be impeached by commandment without process of law , and for the oath of the kings officers , agreeth with the record . the print , touching the choice of the kings officers , and their answers to all mens objections , cap. . agreeth with the record . the print , touching cognizance of usury , cap. . agreeth with the record . the print , touching jurisdiction of court christian , cap. . agreeth with the record . touching the revocation of the statutes aforesaid , mentioned by one statute in the print , there is no mention made in this record . see e. . tit . . the seven chapters touching the discharge of twenty thousand sacks of wool now granted , and for the due levying of the ninths of corn , lamb , and wool do for every chapter agree with the record , according to the titles in the margent . here followeth the commissions mentioned before . they are contained under six titles , the effect whereof is , that all commissions out of what court soever with all fines , and process upon the same , except such as concern the kings officers , as carrying of wool , and other merchandise over the sea , uncustomed , or such as are against the kings defence , and peace , and without warrant of the law , and therefore to be revoked . anno decimo septimo edwardi tertii . rex , &c. henrico com. lanc. &c. apud westm. die lunae post quindena paschae : teste rege apud westm. . die februarii . similes literae subscript . iohanni de warrena com. surr. hugoni de courtney com. devon . willielm . de bohun com. northampton . willielmo de clinton com. hunt. hugoni de audeley com. glouc. gilberto de umfravil com. de angos . laur. de hastings com. pembrok . henry de lanc. com. darby . thom. de bello campo com. war. willielmo de monteacuto com. sarum . johanni de vere com. oxon. roberto de ufford comiti . suff. nicolo de cantilupo . rado . de staff. johanni de seagrave . johanni fitzwater . thom. de berkley . anthony de lucye . reginaldo de grey . rogero de grey . hugoni de ponitz . rogero de chandos . johanni de nevil . johanni de harrington . jacobo dn audley . johanni de strange . hugoni le despencer . petro de malolacu quint. rad. de nevil . ric. de talbot . johan . de willoughby . johan . de charleton sen. ade de velle . willielmo de finecourt . willielmo de perdeston . johan . de sutton de holdernes . johan . de fawconbridge . roberto de morley . johan . de labourn . henrico de hussey . johan . de grey de rotherfield . johan . filio richardo de grey de codenore . johan . de tibetot . roberto fitzpain . henrico de percie . tho. wake de ridehall . johan . de mowbray . henrico fitzhugh . willielmo la zouch de harringworth . johanni bardolfe : johanni de bello campo de somerset . willielmo de clinton com. huntington , custod . quinq . port. anno decimo septimo edwardi tertii . the parliament holden at westminster , in the quindena of easter , in the seventeenth year of king edward the third . first it is agreed , that sir thomas of drayton shall be clerk of the parliament . the monday after , the king came into saint edwards chamber , commonly called the chamber de pinct , accompanied with sundry bishops and lords there named : and for that sundry of the lords and commons were not come , the cause of the parliament was not then disclosed , but deferred untill the next day . the same tuesday the king came as before ; where it was agreed , that proclamation should be made as in the last parliament , for forbearing to wear armor or weapons in london or westminster , during &c. another proclamation for such as would exhibit any petition , and a day given therefore . certain appointed to receive the petitions for england , ireland , scotland , gascoin , wales , and the foreign isles . certain appointed tryers of the same . the wednesday being the last of april , the chancellor in the presence of the king and lords , declareth the cause of the parliament , as followeth . first , the same was concerning the truce in britain between the king and his adversary of france . secondly , touching the estate of the king , and for good governance : and for that sir barthol . de burghurst was with the king at the said truce taking , the chancellor willed him to declare the same . sir bartholmew began to recount the kings passages over , with the whole exploits atchieved by the king in recovery of a great part of britain , even to the city and gates of vanes , against which he laid siege ; and to which place the pope sent to him two cardinals in most earnest wise to entreat a peace , or at least a truce . and how the king made answer ; so that the same might be to him honorable , and profitable for his allies , he was contented to have the same taken before the pope as before a friend , and no judge ; otherwise he would persue his quarrel . wherefore he shewed , that as the king attempted not this war without their assent , so without the same he would conclude no peace . where it rested to hear their advices , whether it were best for the king to take his offer , and to send certain ambassadors to rome instructed for this title , or no ? the first day of may , the lords by themselves , and the commons likewise made answer , that it was good to persue the peace , and to send ambassadors to rome as before . the friday after , the chancellor by the kings commandment required the lords and commons to provide against the manifold oppressions whereof he heard , so as justice might be executed to every subject . on saturday after , the commons made answer thereto , that the best was , that approved justices should be chosen in this parliament for every county , and that upon their oath in the same to execute all laws , and commissions to be made accordingly . the king and lords sent unto the commons the special point of the charge of the justices of peace , which are enacted . it was agreed , that lombards and other merchants strangers should be taxed where they dwelt , as other merchants denizens . for that all merchants in flanders lost the third part of the value , upon conference of merchants and others of good advice , the coin o● gold called florines were appointed to be fined , and to be current according the sterling ; and all other strange gold forbidden to be current , and restraint also of silver to be carried forth , other then for noblemens plate passing over . it is also enacted , that silver shall be coyned according to the old sterling in poize , and allay , to be currant among the subjects , and not to be carried over upon pain of death . and if the flemmings shall coyn their silver accordingly , that the same be currant amongst merchants . it is enacted , that who so transporteth wool out of the realm , shall bring in for every sack carried forth , four nobles in bullion , and so all merchandise , according to the rate of a sack . to increase the goodness of money , the prizes of wool for three years are inhanced , the buyers under to forfeit the same , and the king to have forty shillings custome for every sack , over the old custome . in consideration of which subsidie , the king promiseth that he shall neither pardon , nor license any man to buy any wool , contrary to the statute aforesaid . it is enacted , that the chief children born beyond the seas shall without doubt inherit to their ancestors . that such as were fined before any justices of oyer and terminer , and will not stand thereto , may stand to the common law , whereupon if he be not found guilty , then this fine so seized , shall be rated on them who seized the same . that general writs of supersedas be granted to such as will crave the same , untill the next parliament , for all offences that touch not felonies , nor the peace , except such as are contained in the answer to the eleventh petition insuing . the king commandeth , that all things touching the arraignment of the archbishop of canterbury , remaining with sir william kildesbie , at the parliament holden anno . edwardi tertii , be cancelled and annulled ; whereupon commandment was given to sir iohn de ufford to bring them into the parliament , there to be cancelled . it was agreed , that the statute made at westminster , the of edw. the third , shall be utterly repealed , and lose the name of a statute , as contrary to the laws , and the kings prerogative : and for that the articles there made are reasonable , it is agreed , that such articles , and others agreed in this parliament , shall be made in a statute by the advice of the justices . it is agreed , that such customers , controllers , and searchers in fee , for term of life , or for years , as have let the same to farm , shall forfeit the same , their offices ; and that from henceforth no such office be granted , but at the kings pleasure . pur ceo que avant ses heures grand doubt & difficultie , out estre entre les grandees de cest roialme & les commons , ausi bien gentes de le comune & antres , si les enfants que soint nees in partes , ●nstre le mere devient poit heretage leures apres le deces de leurs auncestors in angliterre , pur cause que certain ley na pas estre sur ceo ordeyne se in arrere oy fuit demaund per le archevesque de canter . à touts les prelates , & gentes present in ce parliament , si les enfants nostre seiur le roy que soint nees en partes , &c. en la ley serioint in heritors en angliterre . lex quex prelates , et gentes chescun per lui examines ; deveroit leurs respons d'une accorde ; que ilnad nul manner de doubt que les enfantes nostre sieur le roy quelque parte que ils soit nees , par de ca la merr on par de la , poit inheritage de lour auncestors : mes quant aux enfantes de auters il est que advise ales aux dits prelats & grands & auxi gents de ley illonques , presents , que qui diverse doubts teils acts si debates on impeachments soint mises en lour heritages ils conviendront molt apensor à at que certain ley sur ceo soit ordeyne , et cest materie antre foits fuit recite in le presens nostre seiur ' le roy , & per eux touts vniment accord & assenter come de south , que des enfantes que nostre sieur le roy iluy ad doubte ne difficulte que ils ne sorront inherits de quel parte que ils soit nees ; & en droit des autres enfants accorde & in cest parlement , que ils soit nees en le service le roy-mes pur ceo que le parlement , & ore de parter , & cest besoigne demaund grand avisement & bon deliberation , conent el se purra meux faire & plus suerment per oustre tout mainere de impeachment cy , est accord , que le fesans de le statute in ce case de remaine , tanque l'au prochin parlement , issent que oustre que temps chescun pense com serra en ley purra estre ordeyne ; & sur ceosont les iustices & autres sages charges per le roy & per les graunds . petitions of the commons , with the kings answers . it is enacted , that the holy church do enjoy all her liberties , and that the great charter , and charter of the forrest be observed . that the statutes heretofore made , may be observed . they shall be examined , and the good shall remain , and the contrary be amended . that the statute lately made in consideration of the ninths granted , may not stand , for that the same was against the law , and the kings prerogative . the king revoketh the same , and further answereth as before . that customs of wooll may be at a mark according to the old order , and the forty shillings revoked , seeing the same was the grant of the merchants , which bindeth not the commons . it cannot be hurtful to the commons , sith upon their price set , order was that no man should buy under . that remedy may be had against the outragious taking of purveyors . the statutes made shall be kept ; and better , if may be , devised . it is enacted , that the party indicted may challenge his indictor . it is enacted , that every person arrested into the marshalsey may tell his own tale , and that the officers there do not pass the verge . that the chancellor and treasurer may be peers of the realm , and no stranger appointed thereunto , neither that they attend any other office. the king will appoint such officers as shall best like him . that no mean man , but the best of every county may be appointed to take accompts of such as owe to the king. as next before , the king will appoint such as shall best like him . that the outlaws upon the title of this parliament , may be reversed . the king granteth , excepting all accomptants , and transporters of wooll uncustomed , the forfeiture of customs therefore , of conspirators , rioters , and bringers in of old false money . that the king will retain all the lands and profits of the crown . the king will do herein according to advice of councel . that remedy may be had against such , as remaining in prisons , do for the lucre of the gaolers appeal sundry men of good name in forein countries . the justices of assize shall do them right . that no common fine of any country be from henceforth made , but that every man may be particularly punished . the king willeth the same . that the excessive fines set on the kings subjects by such as have leets , may be redressed . the king would the same . it is enacted , that good examination and correction be had in towns enfranchised touching weights and measures , so that the statute may be duly observed . it is enacted , that commissioners shall be made of measures , alnage and weights , except of the alnage whereof the king hath granted certain liberties to the flemings ; wherein if any default be , the same shall be amended . the chancellor and treasurer shall appoint certain fees for every justice of peace . it is enacted , that no sheriff from henceforth be justice , but men of good learning and name . the king granted no writs to delay the assize taken , but in case of necessity by the assent of the nobles ; neither will otherwise hereafter , which if he do , the same to be void . such counties as have made fine severally , or in common , shall be free therefore for ever . that the kings debtors in the exchequer , may rebate the same kings debts , for debts due to them . the king will be advised . that all justices of the peace yearly at michaelmas certifie their extracts into the exchequer , as justices of assize do , according to the statute made at york in the eighth year of edward the second , tit. the statute shall be kept . that the statute of westminster may be declared , what ways a tenant in tail may alien . the law therein heretofore shall stand . it is enacted , that non-claim of fines levied , surrendred , do bar no man of his action . that the executor of the executor may have the like action as the testator had , and that the administrator may have the like . the case of the executor is against the law ; and to the administrator the bishop shall have the action , sith he is to answer . that no man be impleaded in court christian for tenths of wood or underwood , but in places accustomed . as heretofore , the same shall be . it is enacted , that parceners and jointenants , against whom recoveries were had upon any action ancestrial on summons and severance , may , and shall have their writs , without naming the others who recovered . it is enacted , that a stone of wooll shall contain but fourteen pounds ; and that twenty six stone make a sack. it is also agreed , that the sheriffs shall continue but one whole year ; and that all sheriffs be removed out of their offices the day after all-souls , and that others be therein placed by the chancellor , treasurer , and justices and barons of the exchequer . that the laws of the realm be free , and denied to no man ; the which are now so dear , as no man can well follow them . let * declaration done by ordinaries , by taking upon them cognisance of the temporal laws , be redressed . they shall answer to the law. that the kings officers may receive the coin of farthings , and that they may be good sterling , and not utterly revoked . let the good money be as heretofore , until other order . on the back-side of the roll , are contained sundry articles of advice given by the merchants of the staple to the whole parliament , containing in effect these heretofore named : to abate the prices of the florines , to raise forty shillings custom in every sack of wooll , and to establish the staple rather in england then beyond the seas ; and there you may see the strange practice for abusing the staple . the commons find great default of provisions coming from rome , whereby strangers were enabled within this realm to enjoy ecclesiastical dignities , and shewed divers inconveniences ensuing thereby , namely the decay of hospitality , the transporting of the treasure to nourish the kings mortal enemies , the discovering of the secrets of the realm , and the disinabling and impoverishing the clerks within this realm . they also shew how the pope had in most covert wise granted to two new cardinals sundry livings within this realm ; and namely to cardinal parrigots above ten thousand marks yearly tax . they therefore require the king and nobles to find some remedy , for that they neither could nor would any longer bear those strange oppressions , or else to help them to expell out of this realm the popes power by force . the king understanding of these mischiefs , willeth , that between the lords and commons some remedy may be had whereto he might , &c. hereupon the king , lords and commons sent for an act made at carlisle in the year of edward the first , upon the like complaint , thereby forbidding that any thing should be attempted or brought into the realm , which should tend to the blemishment of the kings prerogative , or in prejudice of his lords and commons . and so at this time , the act called the act of provision , was made by common consent , which generally forbiddeth the bringing in of any bull , or such trinkets from the court of rome , or the using , allowing or enjoying of any such bull , process , instruments , or such ware , as thereby at large doth appear . anno decimo octavo edwardi tertii . rex , &c. henrico comiti lanc. &c. apud westm. die lunae post octabis sanctae trinitatis &c. & teste rege apud westm. aprilis , &c. iohanni de warrenna com. sarum . hugoni de courtney com. devon . willielmo bohun com. northampton . willielmo de clinton com. huntington . hugoni de audeley com. glouc. gilberto de umfravil com. de anigos . laur. de hastings com. pembrok . henrico de lanc. com. derbie . thom. de bello campo com. warr. johanni de vere com. oxoniae . roberto de ufford comiti . suff. ricardo com. arundel . rado . baron de stafford . nicolao de cantilopo . johanni de seagrave . johanni filio walteri . thom. de berkley . thomae de lucye . gilberto talbott . reginaldo de grey . rogero de grey . rogero de chandos . johanni de nevil de essex . johanni de harrington . jacobo de audley . johanni de strange . hugoni le despencer . petro de malolacu quint. rado de nevill . ricardo talbott . johanni de willoughby . johanni de charleton sen. adamo de welle . willielmo deinecourt . willielmo de chardeston . johan . de sutton de holde●nes . johanni de fawconbridge . roberto de morley . johanni de leybourn . henrico hussey . johan . de grey de rotherfield . johan . filio richardi de grey de codenore . johanni de tibetot . henrico de percie . tho. wake de lyde . johanni mowbray . henrico fitzhugh . willielmo la zouch de harringworth . johanni bardolfe . thomae ugh●red . rado . de palmer . roberto de clifford . bartholo . de bourcheire . anno xviii . edwardi tertii : secunda pars pro auro & moneta proclam . &c. anno decimo octavo edwardi tertii . the parliament holden at westminster , the munday next after the utaves of trinity : anno . edwardi tertii . the same day in the presence of the king certain lords and commons , being then assembled in st. edwards chamber , commonly called the chamber de pinct , the chancellor of england by the kings commandment declared , how sundry things at the last parliament were left to be done at this . and that the archbishop of canterbury had against the said time called a convocation of his clergy , at which parliament and convocation sundry of all estates were absent , &c. whereat the king did no lesse muse , then he was thereat offended : wherefore he charged the archbishop for his part , to punish the defaults of the clergy , and he would do the like touching the parliament . hereupon proclamation was made , as in the last parliament , tit. . receivers of petitions for england , gascoyn , wales , ireland , brittain , scotland , and the forrain isles , and other places beyond the seas . tryers of the petitions aforesaid . sir thomas de drayton is appointed to be clerk of the parliament . on tuesday ensuing the names of the lords of the parliament were examined before the king , that such as made default might abide the kings order . on thursday after the chancellor in full parliament , in the presence of the king , and of his son the prince of wales , declared the cause of the same parliament , viz. the articles of the truce , and the breaches of the same particularly . whereupon the whole state were willed to advise upon them , and to shew their opinion of them by munday next ensuing . the same monday they had day untill wednesday in the week of s. iohn ; at the which day , every of the lords and commons by themselves , with one assent required the king to end the same war , either by battel , or by honourable peace . and if the king shall attempt war eftsoons , that he do not stay the same , at the letters , or requests of the pope or of any whomsoever , but to end the same by dint of sword. whereunto the king agreed : but for that the same could not be atchieved without aid , the clergie of canterbury granted unto the king a desme triennial : and the commons granted unto the king two fifteens of counties , and two desmes of cities , and of towns in form following . that the same should be levied in such wise , as the last was : that the commons petitions be granted , and that the same may be only imployed upon the wars , with the assent of the lords . that the prince , and sir edward de bayliffe may lie on the north-marches ; and for that the king should passe over the seas in person to end this quarrel , they grant to the king a third fifteen . to all which conditions the king agreed . petitions of the commons , with their answers . the print for ceasing of commissions of the new enquiries , cap. . agreeth with the record . the print touching making justices of peace , cap. . agreeth with the record . the print for sorting and buying of wools , cap. . agreeth , with the record . the print touching weights , and measures , cap. . agreeth with the record . the print touching exigents in trespasses , cap. . agreeth with the record . the print touching new money , and the mint , cap. . agreeth with the record . the print touching purveyors , and the steward , and marshal agreeth with the record . this done , the bishops , and the clergy exhibited their petitions , in number seven ; whereto the king answered , and the same comprised in a statute , in effect following . petitions of the clergy , with their answers . the print touching the long recital , cap. . agreeth with the record . the print that no prelate be impeached of any crime before the justices , cap. . agreeth with the record . the print touching the tryall of bygamie , cap. . agreeth with the record . the print touching the purchasing of lands in mortmain , agreeth with the record . the print for not purveying in the fees of the church , cap. . agreeth as before . the print touching prohibition , cap. . agreeth with the record . the print touching the temporal justices shall not enquire of process made by ecclesiastical officers , cap. . agreeth with the record . the print touching sciri facias for tithes , cap. . agreeth with the record . the which statute at the request of the bishops and clergy was exemplified under the great seal , and to them delivered . after all this the commons by their petition recite the act of provision made in the last parliament , tit . . and for that no punishment was provided therefore , that such as incur the breach of the same by receipt , procuring , or councel , in stay of any temporal judgement , shall lie in perpetual prison , or be fore-judged the land . and that all justices of the assizes , goal-delivery , and oyer and terminer may determine the same . that the act of provision may continue for ever . that if any archbishop , or other person religious , or other do not present within four moneths , some able clerk to any dignity , whereof any person hath obtained from rome any provision , but surceased the same , that then the king may present some able clerk. that if any bishop elect shall refuse to take such brother other then by such , that then such clerk shall not enter nor enjoy his temporalities without the kings special licence . that the king shall dispose of all such benefices and dignities of such aliens his enemi●s , as remain in such countries of his enemies , and imploy the profits thereof to the defence of the realm . that commissions be sent into all the kings ports , to apprehend all such persons as shall bring in any such instrument from rome , and to bring them forthwith before the council to answer thereto . that the deanry of york which is to be recovered by judgment in the kings court , may be bestowed upon some able man within the realm , who will maintain the same against him who holdeth the same by provision from rome , being the common enemy to the king , and to the realm , and that the mean profits may be imployed upon the defence of the realm . to all which petitions , answer was made in form following . it is agreed by the king , earls , barons , justices , and other wife men of the realm , that the petitions aforesaid be made in sufficient form of law. according to the petitions aforesaid , certain process made against sir william de la pool , and reynold at conduite , out of the exchequer , is revoked as erroneous ; and that they shall be charged a new to accompt for monies received for the kings wooll , notwithstanding any letter of acquittance to them made . the which accord was sent to the king , to know his pleasure therein . the petitions of the clerks of the chancery ; that where the lord chancellor or lord keeper for the time being ought to have the cognisance of all pleas of trespasses done by the said clerks , or other servants , where the chancery shall remain ; yet notwithstanding the sheriffs of london had attached one gilbert of chrishull , a clerk of the said chancery , in london , at the suit of killingbury a draper , upon a bill of trespass ; which gilbert brought a supersedeas of priviledge to the said sheriffs , which they would not allow , but drew him so find sureties . the clerks pray remedy therefore , and maintenance of their liberties . the parliament doth confirm their liberties , and reciting the contempt for neglecting the process , conclude ; that writs be sent to the mayor of london to attach the sheriffs , and others who were parties and maintainers of the quarrel , by their bodies , to appear before the king in the chancery at a day certain , to answer as well to the contempts of the process , as to the breach of the liberty , and damage of tha party . at the petition of the commons of nottingham , it is enacted , that as w●ll the gaol of nottingham , which the king hath granted to sir iohn brocas during his life , as all other gaols in the like case should be annexed to the sheriffwick of every county , according to an act made anno edwardi tertii . that no man within cities or towns , or elswhere , do carry maces of silver , but only the kings serjeants , but that they carry maces of copper only , and of no other metal . the same shall be so , except of the serjeants of the city of london , who may carry their maces of silver within the liberty of london , before the mayor in the presence of the king. on the back-side of the roll , the form of the writ of supersedeas for staying of exigents , in this parliament before agreed . the form of supersedes for staying to proceed further in certain new commissions before expressed . the form of supersedes for staying of commissions for the assise of weights and measures , before mentioned . the form of a commission to the barons of the exchequer , to call such commissioners to accompt , as were appointed upon the assise of weights and measures . the writ of proclamation for the free buying of wooll . the writ that no man shall be enforced to receive gold , the sum being under twenty shillings . a declaration made against such persons , against whom exigents should pass . of the oaths of justices , and of the clerks of the chancery , expressed in the print , there is no mention made in the record . anno vicesimo edwardi tertii . the parliament holden at westminster , the monday next after the feast of the nativity of our lord , in the twentieth year of king edward the third . commandment was given the same day by sir lionel ( the kings son ) lord keeper of england , that proclamation should be made against wearing of armor and games in westminster , as in the last parliament , tit. . a time to all such as will exhibit any petition . receivers of petitions for england , ireland , wales , scotland , gascoin , and other forein isles and parts . tryers of the petitions aforesaid . sir thomas drayton is appointed clerk of the parliament . for that sundry of the lords and commons were not at this day come , the parliament was continued until tuesday . on which tuesday , for that knowledge was given that sir bartholmew de burghurst , sir iohn darcy lord chamberlain , mr. iohn thoresby clerk of the privy-seal , and mr. iohn charlton were arrived , and come messengers from the king at callis , and that they meant to be at the parliament the wednesday next , the parliament continued untill wednesday . on which day declaration was made , that since the king by his passing over the sea , and his attempt there , was uncertain of his estate ; the parliament was called according to the success of things there ; the like here might be established for the safety of the king , the common peace of the whole realm , and for the avoiding of false money , by which the whole realm was damnified ; after which , they shewed the kings letters patents of credit , the same being expressed by word , and dated before callice . after the understanding of these letters , the same bartholomew , for , and in the name of himself , and of his colleagues in the presence of the keeper of england , and of the whole estate , declared the good success of the king since his arrival at hoges in normandie , as in surprizing of many towns and castles of war , as well at cane , as elsewhere , and aso of the victory at orestlie , where the power of france was discomfited . and further how the king was come before callice , from whence he meant not to depart , untill by the help of god he gained the same , after which , he would pursue the enemies without return , untill the wars were ended . he further sheweth , an order between the duke , and nobles of normandie . the order aforesaid is particularly recited , and is called , the ordinance of normandie , containing the effect following . that the duke of normandy should passe as chieftain , with other nobles of the same into england , with forty thousand men at arms , knights , esquires , and men of good estate , and forty thousand footmen . an order for bearing of their charges , for keeping of the sea , and for the duke to remain with his power in england ten weeks . and it is agreed , that in case the realm of england be by the same voyage conquered , that then the said conquest shall altogether be to the name and honour of the said duke , and all that which the king of england hath shall remain to the said duke , knights , and lords . and all the same which belongeth to the nobles , and secular persons of england , shall be bestowed upon the churches , noblemen , and famous towns of normandie . and of the revenues of the church of england , the french king shall yearly have twenty thousand pounds , saving the popes rights : and that surrender be made to the scots , of whatsoever hath at any time been taken from them . after which order read , the same messengers required the whole estate to be advised what aid they will grant to the king for the furtherance of his enterprise . the commons require respite until thursday then ensuing . the same thursday the commons by a schedule declare the sundry particular former aids , the imposition of forty shillings custome of wool , extorted of them against law , besides the arraying of men , and common taking of purveyors ; notwithstanding they gra●t to the king two fifteens in two years , that then the latter fifteen do also cease . petitions of the commons , with their answers . that all the acts of parliament before made may be observed , so as they pass forth no commissions for arraying of men . the first point the king granteth ; of the rest he will be advised . that such as were fined for not arraying of men , may therefore be discharged . the king will be advised . that all within six miles of the sea , may have a supersedeas for arraying of men . that such as keep the sea-coasts , shall have a supersedeas . it is enacted , that the coining in all places shall be open as heretofore . it is enacted , that the bringer of false money into the realm shall lose life and member ; and that the justices of assise and of the peace shall enquire of the same . that the kings receivers may receive as well gold as silver , and that the changers thereof be not without parliament . the first is granted , the second respited . that the forty shillings subsidy of every sack of wooll may cease . the king must first therein be moved . the paiment be made for the last taking up of victuals . order shall be taken therein . that the best of every county may be justices of peace ; and that they may determine all felonies . the first point is granted : for the second , the king will appoint learned justices . that the keeping of the sea may from henceforth be at the kings charge . it shall be kept as heretofore it hath been . that sheriffs in every county may have sufficient in their counties , and that none of those offices be granted for life , or in fee. that purveyors not taking the constables with them according to the statute of westminster , may be taken as theeves ; and that justices of assise and peace may enquire of the same . the statute made shall be observed . that the fifteens in towns and antient demesns be levied as in the bodies of counties , without increase . the same shall be levied according to accustomed use . that all justices of enquires be sworn as justices of the bench ; and that the chief of them have power to swear the rest . such justices shall be sworne as appertaineth ; so as they shall take nothing but meat and drink , and that of small value , and the chief shall swear all the rest . that the fifteens beyond trent be imployed only upon the defence of the north. the king will foresee the defence aforesaid . that strangers , enemies of the realm , and remaining now in newgate , may be judged during the parliament . they shall remain there till further order . that no charter of pardon may be granted , since the kings last passage . advice shall be taken . it is enacted , that lumbards , and other merchants shall receive gold for their ware , without any other compact , or pain of fine , or imprisonment . that all alien monks do avoid the realm by michaelmas , and that their livings be disposed to yong english schollars . the persons being spiritual cannot be tryed by parliament , their livings being in the kings hands , and without him cannot be disposed . that the king may take the profits of all other strangers livings as cardinals , and others , during their lives . the king taketh the profits , and the councel hath sent their petition to the king. that such aliens enemies as be advanced to livings , they being in their own countries shoomakers , taylors , or chamberlains to cardinals , may depart before michaelmas , and their livings , disposed to poor english schollers . as tit. . that no payment be suffered to be made to any cardinals living in france , to intreat of war , or peace . the same is granted as reasonable . that aliens buying provisions , or provisors do avoid the realm , as before , or to be out of the law. the statute heretofore made shall be observed , and the king shall signifie to the pope thereof . that the yearly advancement of two thousand marks granted out of the provinces of canterbury may be restrained , and such as shall persue therefore to be out of the law. the lords think the same but reasonable , and it is further commanded , that no such be from henceforth received . it is enacted , that whosoever shall bring into the realm any aliens enemies in any vessel , that the same vessell be forfeited and the bodie of the bringers at the kings pleasure . that no englishman do take any thing in farm of any alien religious , nor buy any of their goods , nor be of their councel , on pain of perpetual imprisonment . these are against the kings profit , who lacketh such profits of the farmers . it is enacted , that during the wars no person do transport , or send any money to the pope , nor to any bishop , or other alien for what duty whatsoever . order shall be taken with every general of all houses of fryers , that they shall so look to all fryers aliens , as that they shall not disclose the secrets of the realm . where the commons request was , that those fryers should depart the realm never to return . that the pension of seven shillings which raymond pilegrin receiveth yearly of every house of religion within the realm may cease . the same raymond is the kings liegeman born in gascoin , and is sworn to be of the kings councel , who by his procuracy receiveth the same . that the yearly pension of two thousand pound paid to the abbot of cluny the kings enemy may cease for ever . the same is payed there . it is enacted , that no person do bring into the realm to any bishop , or other , any bull , or other letters from rome , or from any alien , unless he shew the same to the chancellor , or warden of the cinque-ports on losse of all that he hath . that the statute made , that the king should present to any church of his gift falling void at any time within three years , so as if the parson had continued therein for three years , that he should not be put out , may stand . the king will be advised . it is enacted that all religious persons for lands purchased since the twentieth of edw. . and paying no desmie therefore amongst the clergie shall pay fifteens . after this mr. iohn charlton , one of the messengers aforesaid brought letters from the bishop of durham , from the earls of northampton , arundel , warwick , oxon , and suffolk , and from sir hugh le dispencer , lord of glamorgan , directed to the whole estate of parliament , and purporting , that where the king at his arrivall at hoges in normandie had made his eldest son the prince of wales a knight , whereby he ought to have aid of the realm , as appertaineth , viz. forty shillings for every knights fee , whereunto they all granted , and took order for the speedy levying of the same . it is ordered in full parliament at the request of the commons that the benefices of all aliens should be seized into the kings hand , and he to take the profit of the same , and that all bishops should before the next convocation certifie into the chancery the names of all aliens , their benefices and values . an act as before , that no alien should send any letters , tit. ● anno vicesimo primo edwardi tertii . the parliament holden at westminster , the morrow after s. hilary , in the year of the reign of king edw. . of england , and of france the th . proclamation made the first day by the kings commandment , that no person shall use or bear any arms within london , and the suburbs , or in any place between the said city and pallace of westminster , nor in no other part of the pallace by land or by water , except such of the kings people , as he shall appoint to keep the kings peace , and the kings ministers ; according to the statute of northampton ; yet earls and barons may wear their swords , except in the kings presence , and place of councel . receivers of petitions for england and scotland . receivers of petitions for the clergy . triers of petitions . because divers lords were not come , the parliament was continued from day to day thrice , ( viz. ) until thursday following ; at which time william de thorp in presence of the king , prelates , earls , barons , and commons declared that the parliament was called for two causes ; the first , concerning the war which the king had undertaken by the consent of the lords and commons against his enemies of france . the second , how the peace of england may be kept . whereupon the king willed the commons to consult together , and that within four dayes they should give answer to the king and his councel , what they think therein . the fourth day the commons declare , that they are not able to councel any thing touching the point of the war ; wherefore they desire in that behalf to be excused ; and that the king will thereof advise with his nobles and councel , and what shall be so amongst them determined , they , the commons will assent unto , confirm , and establish . petitions of the commons , with their answers . that the laws of holy church , and of the land , and that the peace be kept ; for which purpose they desire , that no great person do maintain no traitors , felons , robbers , trespassers against the peace , barretors , maintainers , confederators , embracers of business , conspirators , champtors , and the like , by which falsities the peace is disturbed , and the laws frustrated , and that certain ordinances be made for punishment of such offendors . that to the intent that the laws may be duly and indifferently ministred , the king will be pleased so to encrease the fees of the knight barons , justices , ministers , and officers , and that they may be sworn to take nothing . touching the first point , the king will call the great persons to him , and will move this article to them , and with their advice will ordain such remedy as shall be pleasing to god and man. touching the second , the king will advise what other ministers shall be fit to take the oath , and will do what shall be needfull . that all these petitions which be for the common profit may be answered in parliament before the commons , so as they may know the endorsment and have remedie according to the ordinance of parliament . that whereas the scots , by covin with philip de val●is , in the kings absence , did enter the realm of england with all their hoast , burning and destroying the land , and feloniously committing robberies , murders , &c. and whereas in a battel at durham , divers of them were slain , and some of their chieftains , as david de brays , william douglas , and others , were by force there taken , and are in the kings power ; that he will be pleased so to take order with them by his councel , that he and his people be not in little danger , and that they may give surety for their good behaviour . the king by advice de ses grantz , will provide so as shall be best . whereas the staple of wooll which is holden at bruges in flanders , hath used to be free , so as all merchants might there freely buy merchandise , and carry the same from thence whither they lift by land or sea , and now the same freedom is restrained so as none can freely buy and carry from thence according to the antient usage with them of flanders and brabant : and they of brabant cannot bring their wools bought in the staple out of the town of bruges , without sureties that the wools shall be uttered in the country of brabant , or that they bring letters from the town of bruges without sureties in what town of brabant those wools shall be uttered ; whereby the price of wooll is much abased . also the three good towns of flanders , gant , bruges , ipre , will not suffer the small towns which were wont to buy great quantities of wools to make cloth , but do destroy their instruments , to the abasement likewise of the price of wools. also the paiment of gold is at so high a price in those parts , that a man shall lose in exchange the third penny , and more ; for which matters it may please the parliament to provide remedy . the king will , that the ordinance of the staple shall be viewed ; and that thomas melchburn , with whom the patent touching that ordinance doth remain , be called to bring the same with him ; and that some merchants of the country , who best understand this matter , and the king by advice of his council will provide remedy . whereas in a council holden by lionel the kings son , the guardian of england , it was in the year of the king ordered without the commons , that for keeping the realm , and safe conduct of ships , should be taken upon every sack of wooll passing the seas , two shillings ; upon every tun of wine , two shillings ; upon every pound desavoires brought back into the realm , six pence ; and this charge to continue until michaelmas next coming , which charge is yet demanded ; that the king will be pleased that the same charge may be let fall , and to write his letters to the collectors thereof , that it cease . all charges supposed in this article , are laid down , except two shillings upon the sack , which is to endure until easter next : and forasmuch as these charges were ordained for safe conduct of merchandises into the realm , and forth to foreign parts , upon which conduct the king hath spent much , which before michaelmas cannot woll be levied ; it seemeth that the levying of it for so small a time to come should not be grievous . that where the plaintiff in writs of debt , or trespass doth record , he may have execution of the land , which the defendant had the day of the writ purchased . this cannot be done without a statute , upon which the king will advise with his councel , and will do that which he shall think best for his people . whereas in a statute made anno primo of the king , it is contained that none of the lords councellors , or ministers shall maintain any plea , or quarrel depending in court or elsewhere within the realm ; in which statute no pain is in certain ordained for the offendors , that in such case certain pain may by parliament be proved . of some articles comprised in this petition certain names are ordained , and where no pain is provided in certain by law , is intended fine and ransome to the king , according the quantity of the trespass . that whereas some justices have lately adjudged matters before them to be treason , and accroachment of royall power , that it may be be declared in this parliament what incroachment of royall power shall be , whereby the lords shall lose the profit of forfeiture of their tenants , and the partie arraigned the benefit of clergy . in case where such judgements are given , the points of such treason and accroachment are given or declared by the same judgement . whereas in the parliament holden in the year of the kings reign , and in the parliament next before this , it was accorded and granted by the king and his councel , that for the great charges which the commons did bear yearly , as by fifteenths , ninths , and wools , commissions should not go out of the chancery , as for hobeleries , archeries , taking o● victuals , nor commissions to extend the lands , dez certeniz getz , beyond the sum of a certain value , nor to levie other charges upon the people , if the same were not granted in parliament ; which ordinances are holden for nothing , whereby the people are wholly impoverished ; wherefore they prayed the king to be pleased to take pitty of his people , and to affirm , and hold those ordinances made to his people in parliament : and that if such commissions go forth of the chancery without assent of parliament , such as find themselves grieved , may have writs to ●urcease , according to the said ordinance , and that the people be not bound to obey such commissions . if any such imposition be made , the same was made upon great necessity , and with the assent of the prelates , counts , barons , & auters grauntz , and some of the commons then present ; notwithstanding the king will not that such undue impositions be drawn into consequence , but will that the ordinances in this petition mentioned be well kept . and as touching the taking of victuals , saving the kings prerogative , his will is , that agreement be made with such , of whom the same are , and shall be taken . because of franchises have for time past been so largely granted by the king , that almost all the land is infranchised to the great arereisement & estenysement of the common law , and to the great oppression of the people , that the king will restrain such grants hereafter . the lords will take order that such franchises as shall be granted , shall be with good advice . that letters granted at the request dez gentz , and others de sautz le large nostre le roy , be not hereafter granted ; that yet the law be done according to the statute . the king is pleased that the statute of northampton shall be kept . whereas false money of bursborns doth daily increase by reason of the justices of assize appointed to try , find out , and determine such falsity , come so late , and keep assize so short , that they cannot try , find out , and determine the said falsity ; that the king will provide remedy therefore , and that the offendors may be drawn and hanged , as falsifiers of money , as in the last parliament was ordained ; and that such ordinance may hold , as well for time past , as time to come ; and that the king will gant no pardon for such falsifying and treason ; and if any be granted , that the same may be disallowed before the justices . the king is pleased that gentz de la terre , which justices , and others to them called , shall be assigned to enquire , hear , and determine the points contained in the petition , and to do therein right● and to keep the peace in the countries where they shall be assigned , & que les guerres inquisitionse facent de temps passe & de temps pius . and it is not meant that such charter shall be granted hereafter le greement ; and if any have in time past been granted , the justices before they shall be granted may advise with the king before they allow thereof . that whereas divers tallages and subsidies have been granted to the king , in aid of his business in divers business , for levying whereof , three or four of the best in every county have by good councel been assigned , who have done the same in good manner according to their commissions , and have their accounts fully in the exchequer , according to law ; and afterwards evill berrectors have suggested to the court , and have caused some of the collectors to come again into the exchequer , to receive the accounts before given and allowed , not fuffering them to acquit themselves , nor to take issue according to law ; but do there keep them from day to day , and from term to term , and do restrain them by mainprise contrary to law , not suffering them to make attornies , as the statute willeth , that all men may make attornies in all cases where there is appeal ; wherefore the commons pray that such accusers be not heard in court to accuse , and keep men without due information or indictment , and that they may make attornies in such cases . if account be given in which by information of good and lawfull persons concealment , or other default or recitation is ; it is reason that it shall be recited ; and the lords will that hanging such retainment , they may make attornies so , as the attorney be answerable to the lords , and all others that complain , to the end that if such concealment or other default be found , the atturnies client may have the penalty anciently used . that whereas recovery is had in wapentakes , hundreds , court barons , in debts , covenant , and other actions there pleadable , the bailiffs of those courts do fount distress de chatull de viss . in lien of execution , according to the usage of the county which so remain oft-times very long before greement be made with the plaintiff ; that if gree ' be not made with the plaintiff within fifteen dayes after judgement , the bailiffs of such courts , by the oath of three or four des mientz homes de la ville ou lezecution serra , in the presence of the plaintiff shall apprize the goods so taken by force of the judgement , to the very value ; and sell them ; and if they cannot find such as will buy , then to deliver the same to the recoverer at that value . let the ancient law be held untill it please the king by his councel otherwise to ordain . that whereas it was lately ordained and assented by the king and his councel , that the men and horses of the kings houshold should not be harbinged in any part of the county , but by bill of the marshal of the house ; and that they should deliver those bills to the constables of towns , and should be harblnged by them , and that the constables should cause them to have such sustenance for themselves and their horses as shall be meet , and should cause their victuals to be prised by men of the same towns sworne , and that they before their departure thence should pay the parties of whom their victuals were taken . and also it was assented , that the horses and harness might be arrested untill they did pay for their victuals . but now they go from town to town , and harbinge themselves without any constable , and take mens goods without payment or apprising : and if perhaps they bring bills to the constable , therein is no mention made for how many horses , or for how long : so as they charge the country at their own pleasure , and depart without making paiment . that in every bill mention be made for how many horses livery shall be made , and that no horse have more then one garson : the bill to be delivered to the constable , and he to make the price by men sworne of the town ; so as the parties make paiment from day to day for such victuals according to the price without other delays , according to the statute . the king is pleased , that this article and every point in it comprised be kept in all points according to the form of the statute . that writs of attaint be granted in writs of debt , and in all other writs , and bills , where the demands or the damages do amount unto forty shillings , as well in enquest past , as to pass . the antient laws shall remain , until the king be better advised . whereas divers ministers of the king and others do sue tam pro domino rege , quam pro seipsis ; whereas the whole principal and damages recovered doth go to themselves , and not to the king ; in which case a man cannot have an attaint , or a writ of error : that in such case writs of attaint may be granted , as well for enquests past and judgments given , as for enquests to pass , and judgment to be given . touching writs of error , let them be granted : and as for writs of attaint , the same was never ordained . that a writ of scire facias may lie in case of garnishment which issueth out of a judgment , or of a recognisance , as well of debt as of damages , as in case touching land , and in every other case where garnishment lieth , where the thing whereof execution is demanded amounteth to forty shillings , as well of execution awarded , as to be awarded . let the antient law be kept , until the king shall be pleased otherwise to ordain . that judgments given in the exchequer may be redressed and reversed , if therein be error , in the kings bench , as well as error given in the common-pleas ; and not before themselves that gave the same ; for it is not likely that a man will have a good conceit against his own opinion . the king is pleased , that when any man complaineth of error given in the exchequer , the chancellor and treasurer , and two justices , shall be assigned by commission to cause the record to be brought before them in the exchequer , and the process of the plea wherein error is supposed , and the same to correct as shall appertain . the merchants of cities and boroughs , and the commonalty of the land , shew that the merchants are disturbed to buy and sell the commodities of the land ; as tin of cornwall may now be bought by no merchant , but by one stranger , tidman of limberghe , who buyeth all and sendeth over the sea : and pray that no such merchandise be sold in gross , but to the commonalty of merchants . that is a profit belonging to the prince , and every lord may make his profit of his own . that no person by the voluntary suggestion or certificate of an accuser be by writ sent for to come before the kings council , where they are often inforced to make fines , or to lay down great sums of money , or otherwise adjournez outre le meer , as hath been heretofore often done , but that such grievances be not afterward done . the king is pleased , that hereafter such things be not done against reason . that all men may freely pass wooll over the seas at their pleasure , paying the antient custom of half a mark ; which thing was ordained by the kings charter . that subsidy was granted for a time yet enduring ; within which time the king will advise with his council , what shall be best to be done therein for the good of the people . that the statute whereby it is ordained , that sheriffs and escheators shall be sufficient persons within the county , and they not to remain longer then one year , may be kept . the king is pleased that the statute shall be kept ; but when a good sheriff is found , his commission shall be renewed , and he newly sworne . that the new custom lately set , viz. upon every cloth carried forth by english merchants d. and by strangers d. and upon every worsted cloth d. and of strangers d. ob . and of every lit. d. and of strangers d. may be taken away . the king , prelates , counts , & autres grantz will that this custom shall stand ; for it is good reason that such a profit be taken of clothes wrought within the realm and carried forth , as of wools out of the land , rateable the cloth as the sack. that the statute of winchester , and other statutes made by the king and his progenitors be kept , and that the people be not grieved contrary to these statutes . the king is pleased that the statute of winchester and the other be kept . whereas the aviners of the king , queen and prince severally , do come yearly and assess towns severally at ten quarters of oats , more or less , at their pleasure , and the same do cause to be carried away without paying for the same ; that such tallages and purveyance may be taken away . the king hath and will forbid it , and that no man take contrary to such prohibition , saving to him , the queen his companion , and their children , their rightful takings . that whereas the four great rivers of england , viz. thames , tese , ouse , and trent , were wont from antiquity to be open and free for every ship to pass with merchandises , and now of late daily the said rivers are stopped and turned aside by goors , mills , piles , and pales , erected by every lord against his own land , so as ships cannot pass without danger ; that justices may be assigned in every county to enquire of this business , and to remove the oppression . the king is pleased , that such and so many commissions shall be granted as reasonably shall be needful ; and that every man shall be heard , that will complain for himself and the king. that whereas a man is indicted and appealed of felony , and doth render himself at the exigent , although he be afterwards acquitted of the f●lony , yet his chattels are forfeited without enquiry whether he did flie or withdraw himself : forasmuch as a man may be indicted in a forein country , being ignorant of it ; that therefore no man hereafter lose his chattels , but where it is found by verdict that he withdrew himself . let the antient law be kept , until the king by advice of his councel shall otherwise ordain . that from henceforth no franchise royal , land , fee or advowson , which belong or be annexed to the crown , be given or severed from the crown . the king will advise with his councel that nothing shall be done in such case , but to the honour of him and his realm . whereas the horses of the king , the queen , and the prince do wander into divers parts , doing much hurt and damage to the people , by taking of hay , oats , &c. contrary to ordinances already made , that the king will ordain , that those horses may abide in some certain place of the county where they are , and that purveyance may be made for them in convenient time of the year by the depu●ies , as may be agreed between them and the owners of these goods ; and that enquiry may be of all the ill behaviour of those takers before this time , and that by commissions the plaintiff or parties grieved in this kind , as well of wrongs heretofore done , or hereafter to be done , may be heard and determined . the king is pleased that the ordinances already made shall be kept , and that purveyances may be made for his best profit and ease of the people . whereas it hath been ordained , that all men may passe freely with their wools , and other merchandise , certain merchants that have of the king the custome and subsidie , for a certain sum yearly , by colour of a bargain or purchase , which they have made of the kings wools , will suffer no man to passe over wools , but only th●ir proper wools , except they pay two marks for a sack of wool above the custom and subsidy , to the great damage of the people , and ab●sement of the price of wools , whereof they desire remedy , and that the merchants may answer in this parliament , for such their out-rage done to the people . let the merchants be called into the parliament , and answer . the poor merchants shew , that whereas wools were taken at dordraghe to the kings use , for which by parliament , allowance was made to the merchants for their debts out of the subsidy and custom granted to the king , viz. twenty shillings for every sack carried over sea : and whereas a great part of the rich merchants are satisfied of the subsidie and custom aforesaid , and the poor merchants yet behind of that which to them belongeth , by reason that the rich merchants have sued to the king that they and no other puissent a chatre les dits debts des poures merchants , and to take allowance of the king , and pay little to the poor merchants , but at their own will , so as the rich merchants are satisfied , and the poor undone . that therefore the king will pay them part of their debts , or make to them assignment of part thereof , and they will lose to the king the other part of their said debt , or that the king will make to them such allowance , as he made to the rich merchants . the king is pleased , that the poor merchants that are not satisfied shall shew to the treasurer their obligations and patents , whereof the treasurer shall inform the king , and he by advice will take order , that gree be made unto them assoon as he well may . that whereas edw. . lately granted to the people purlieu , through all the forrest of england , and granted to every man that would his charter containing the bounds of the forrests , according to such purlieu : and afterward edw. ● . confirmed the same by his charter , which hath so continued , untill of late the kings ministers have and do daily afforrest that which was dis-afforrested , and put into regard , that which was out of regard , contrary to the purlieus and the charters of the said king ; also that the ministers do summon m●an folk of forrain places , to indict people at their pleasure , and make them travell from place to place , and threaten them until they make indictments at their appointment and desire . and these ministers purpose to afforrest towns neer forrests , where are no wilde beasts , and do often grieve the people , by the often coming of forresters , without profit to the king. and whereas a forrest is in divers counties , the kings ministers take folk of the one , and the other county , and by force make men of one county to indict men of another county , of matters whereof they are ignorant ; of which grievances a man can have no writ , nor other remedy in the chancery , whereof they pray remedy . the king is pleased , that the charter of the forrests be kept in all points ; as touching purlieus , if any man will complain let him shew his grievance , and thereupon he shall have a writ in the chancery , and right shall be done him . that inquiry may be by good men why the king taketh no profit of that which he hath in ireland , come toutz ses auncestors avoint ad de bien , & de la come pur maintenance sa guerre ; seeing he hath more in ireland then any of his ancestors had , and if default be found in the ministers , that such other be put in their places , which will answer the king of the reasonable profit thereof , the king is pleased that it shall be so . whereas many upon an inquest of office found for the king , are put out of their lands , and cannot afterwards upon great suit be ended in the chancery to have their right discussed , even to the disherison of divers , that remedy may be provided , so as without delay the right may be discussed , and the party restored to his land , if his right be found . let the same law be kept , as heretofore was done , and if any man find himself grieved , let him shew himself , specially his case , and he shall have right : whereas a man for treason doth forfeit all his lands to the king , of whomsoever the same be holden , that where the king doth grant away those lands without saying , to hold of himself ; the law may be declared in certain , whether the donee shall hold of the king , or of the former lord ? and where the king giveth those lands to hold of himself , le quell le chartre est repellable eant regarde a les seruises on nemy . the king is pleased , that in such case it shall be as it hath been in the times of his progenitors of the auncestors des gentz de la terre ; and if declaration be hereof to be made , the same shall be by good advice among other articles whereof new law is required . whereas commissions went forth to enquire of all such as have in lands five pounds , ten pounds , twenty pounds , forty pounds , and above , unto one hundred marks ; which enquests were with much diligence per milts gentz des countees thereunto sworne , and returned into the chancery ; whereupon went forth writs out of the exchequer to levy of some the double , of some treble , that by good enqu●sts was found , for archers , hoblers , and men of war , contrary to law ; and also writs went forth to levy of some small towns , which are neither cities nor boroughs , twenty marks , twenty pounds at pleasure , without any manner of process : the commons thereof pray remedy , de si come nostre sieur le roy , ad promise de sun bon grace de fair droit as jouiz geeva que plendre se voudront . if any such imposition have been made , the same was upon great necessity , and with the assent of the counts , barons , & autres grantz , and some of the commons then present : nevertheless the king will not that such imposition be unduly drawn in consequence . whereas the king hath ordained two great seals for sealing of judicial writs in the common-pleas and kings-bench ; for every of w●ich judicial writs the commons pay seven pence , and for originals six pence ; that he will ordain a small seal for judicial writs , so as men may pay but three pence for a seal of a judicial writ , to the great ease of the people ; and then will more writs be purchased to the kings great advantage : for now the suit is so hard and dear , that the mean sort are not able to pursue their rights . unto poor men shall be given for gods lake ; and it is reason that such as are able , do pay as in former times hath been used . that where land is given to a man and his wife● their estate is now dispunishable of waste , though they have no childe between them , whereby often happeneth great damage and disherison to him in the reversion ; that a writ of waste in such case may lie . let this remain among other articles , whereof new law is required . that writs of possession may lie of lands devisable , in case where they are not ●evised , as of other lands ; and in case such lands be devised , there to be saved to the tenants their answers . let this remain among other articles , whereof new law is required . that the archbishop of canterbury and the other prelates have of late made a constitution , to give tythes of underwood only sold , where heretofore no such tythes were paid . and further , that now the church-men , by force of the said constitution , do take and demand tythes as well of great wood as of underwood sold , contrary to that which hath been used time out of mind . wherefore as well of one point as of the other they pray remedy . the archbishop of canterbury and the other bishops have answered , that such tythes are not demanded by force of the said constitution , but only of underwood . whereas divers aids have been granted to the king for maintenance of his wars , to the intent the same should be wholly to his profit ; divers merchants by confederacie amongst themselv●s have colourably and covertly by way of usury bargained w●th the king , and have imposed upon these goods great sums , viz. upon every sack of wooll twenty three shillings four pence de pardonne en le bargain ou pluis sont tenus de prendre a very value les biens le ●oy on dapestera lui lour deniers que touz les auters poures de sa come de les donor . also in their payments they have allowance of bills gained by brocages of debts due by the king ou ils achatent a liure ascune d. ascune per s. where there is more reason the king should have that advantage then they . also after their bargain , at their suit , there hath been stay and forbidding that no english wooll may pass over sea , whereby the king hath lost his subsidy and custom too , as much as they made chi●vesance ; by reason of which stay the commons could not sell their wools to pay their fifteens and other charges . and further , some of the collectors and their deputies in gathering the said wools have used great extorcion upon the people by false weights . wherefore they pray the particulars may be examined in parliament in presence of some persons to be assigned by the commons ; to the end that the goods of the people taken for the kings use may reasonably and wholly be turned to his profit , so as the parties accused may not be excused against the king by fained and colourable answer , as between merchant and merchant . the king will appoint some of the sages of his council to hear and determine the things contained in this article : and if any of the commons can inform the king for his profit of any thing contained in this article , let him set it down in certain ; and the justices appointed to enquire of false money , shall have power to enquire of the processes of such ministers . that the king by advice of his council will provide remedy against the popes collations now of late made to abbies and priories , which heretofore were never seen , and are against the liberties of the church , and to the disherison of the king and other lords that are patrons , and blemishment of the religious persons of england , when these promotions shall be collated on strangers not fit , and perhaps are cardinals . the king will advise with his council , what in this case shall be best to be done . the commons pray remedy , that whereas men were about to prove wills before the official of some certain commissary thereunto deputed in the cathedral churches , they now make men come to places uncertain , and being come , they cannot have the probate of wills : sans faire raunceon meintenant ala quinte on partie des biens continues al testament . the king will speak with the archbishop and other prelates , that such wrong may be redressed . where a man hath issue a bastard eigne and muliers , and the bastard demandeth land as heir , ne unque soit de son assent ; and he pleadeth that he is a bastard : and upon a writ to the court christian , he is certified a mulier ; that this certificate turn none to prejudice , but him that was party to the plea , upon which the certificate was made , and his heirs , but if the demandant and his heirs bring any other writ against any other tenant , and of other land , then he to be received to plead , that he is a bastard ; and that he have a writ to the bishop , notwithstanding such former certificate . let this remain among other articles whereof new law is required . whereas murthers cuilleurs des gentz , robberies , manslaughters , and other felonies are done and committed without number , and so favoured by pardons , and procuring deliverance , that the mis-doers and maintainers have no care of fear of law , that the king will ordain such remedy by statute , that such mis-doers and maintainers by no such means as aforesaid , may be comforted and imboldned . touching pardons hereafter to be granted , the king will advise with his council , so to do , that no such charter shall be granted , unless it be for the honour and profit of him and his people ; and touching pardons granted heretofore , he will advise with his council of such allowance as shall be thereof made . whereas divers extortions and grievances are done to the people by the collectors of the wools , and by the taxors of other taxes and tillages , and their deputies , en seque perla piere de leine perienten ascune partie ou l ou meins ousta le verroye poys , & si argent soit done per leine meins de quatre so●tz per la piere ne voillent receiver ne acquitainces faire à null ville meins que ou c . & auters greevances de receits des deniers & autre choses plus in autre maner que ne fust gentz . they therefore pray remedy . there shall be assigned gaurdeins de la pees , and to enquire for false money , and of the matters contained in this article , who shall do right therein . that the statute concerning statute merchants for payment of debts may be kept , and execution thereupon done as hath been used ; so as execution nor process upon such statutes be not done by subtilty of any person in other sort . the statute shall be kept in all points , and no other process shall be made upon execution of that statute then heretofore hath been used . that where a man will sue to reverse a judgement given before justices in any franchise royal , as chester , or durham , and the justices do record the pleas pleaded before them , otherwise then they were pleaded , the party plaintiff may be received to aver per pais the truth against the record . the ancient law before time used , in this case shall remain . that paiment be made for victuals taken up in divers counties by the kings commissions to the use of him , and his children , and that hereafter no such commissions go forth without present payment , to them of whom victuals shall be taken . the king is pleased that payment be made savez à luy ses droictrels prices ; and as touching purveyances already made , that the sheriffs out of the issues of their bailywick shall pay such of whom such victuals were taken . whereas heretofore because divers merchants were slain and robbed on the sea , by the kings enemies of france ; it was ordained by the king , peers , and prelates , and by the assent of the said merchants , that all that would pass with wools to the staple , should pay twelve pence upon every sack for safe conduct ; and certain merchants undertook for the same , and safely to conduct the merchants unto the staple , and yet have not , nor will not perform that conduct , and yet took the said twelve pence on a sack , whereby many merchants have lost their lives , wools , and other merchandise ; that they which undertake the conduct● may be made come into this present parliament to make gree to the merchants , who by their default have lost their goods , and to answer to the king that which they took of the merchants , as abovesaid . let persons and places be assigned for hearing plaints of all which will complain of the said merchants , to the end right and reason may be fully done to the plaintiffs . monstres le come d' engl. que les gentz . de samense are assessed to all taxes and tallages , and yet their ships are taken , and many of them lost in the kings service● sanz nul . regard as di●z gentz fair , so as by long continuance of such grievances , la navye esta pote destructe per nui tour la terra , that the king will ordain thereof remedie . the king will be advised . whereas judgment in divers places hath long depended not given for difficulty of law , that the king will ordain , that judgment may be given without longer stay . the justices before whom such pleas are hanging shall give judgment as soon as well they may ; and if they cannot so do , then the tenor of such record , and the process of such pleas shall come into the parliament , and there shall be determined , according to the ordinance made in that behalf . whereas the king hath granted to certain persons the office of gageing of wines , in the dutch of guyen , taking for the fee of gag●ing one penny sterling , or the value thereof in other money ; and they which ought to use the office of gaging these wines , refuse to gage any tunnel of wine , and yet do wrong●ully take the said fee of a penny for every tunnel , whereby the tun doth not bear his right measure , so as lords and others do lose of that which they ought to have , the fifth or sixt part of every tun. that therefore the king and his council will give such commandment to the governors of the said dutchy , that no tunnel of what part soever it be , within franchise or without , be shipped over sea , before it be gaged by the verge according to the standard of england , and the defect marked in the head of the head of the tunnel , upon pain to forfeit the said wine to the king ; and also that the gager lose his office , if he do not that which thereunto appertaineth . let the office of gager be performed per de ceo , upon the pains ordained ; and that will work the effect through the whole business . whereas divers murders , emblers de gentz , robberies , manslaughters , ravishment of women , felonies , and other misdeeds are committed and maintained within the realm without number , and so favoured by charters of pardon and procuring of deliverance , that the misdoers and maintainers care not for the law , nor stand in fear , to the great destruction of the people ; that remedy may be ordained by statute , that such misdoers and maintainers may not be comforted nor imboldened by any the means aforesaid . touching pardons to be hereafter granted , the king will advise with his council so to do , that no such charter shall pass but to the honor and profit of him and his people : and for charters before this time granted , he will advise with his council what allowance thereof shall be made . whereas in the parliament holden lau dis & septisme of the king , it was ordained , that no alien should by provision from rome , take any benefice ; and thereupon the king by his letters wrote to the pope concerning that matter , and the assent of parliament , and justified the same ; les grantz & comons , wrote also another letter under the seals des diiz grantz , and of the commons of cities and boroughs ; and certain appointed through england de pendre , the proctors of cardinals , other aliens subdelegates and their notaries : and also cries & defence was made throughout england , that no person upon pain of forfeiture should bring into the realm bulls , or process concerning such provisoes ; and if any should , that they should be taken and brought before the council to answer such their contempt ; and afterwards in the next parliament it was assented by the king and his said commonalty , that if any person of any condition whatsoever , provisor , procurator , notary , promoter , or other whatsoever should pursue in the court at rome , or elswhere in court christian , to reverse judgment given in the kings courts , that he should be taken by his body , and brought to answer it ; and if he were attaint , that he should forejure the realm , or be committed to perpe●ual prison : that if he could not be found , then to be by due process outlawed , which then was ordained by a statute perpetually to endure , as by a bill of that parliament appeareth . yet nevertheless cardinals and other aliens have and do daily accept benefices within this realm by provision by their procurators , being englishmen , and do take as well benefices meerly appurtenant to the demesn of the king , and of other lay-patrons , as of religious persons in despight of the king. a des ditz grantz & de tout le commune . and thereupon they and others do pursue and follow divers process in the court of rome and other courts christian , there to annull and reverse judgments given in the kings court , to the prejudice and disherison of the king and commonalty , and contrary to the cryes & defence surditz . whereupon the commons pray the king to have regard of the said letters so sent to the court of rome , and to the relief and maintenance of holy church , and of divine service here in england , and of the damage , destauction , and disherison of the church and his crown , & des gentz & comminaltie : and by the sages , justices , serjeants and others to ordain such punishment as well against provisors , aliens , their executors , notaries , and others their procurators , as against the impugnors of the judgment aforesaid , as before hath been : and that the same be reduced into a statute perpetually to endure , as often hath been desired ; and that such and so many writs as should be needful be thereupon granted of course ; so as that which shall be herein ordained by parliament , be kept undisturbed for any singular profit . it seemeth to the council good to be done , if it please the king by assent de grantz to command the commons being then before him in parliament , to advise him what they think best to be done in this case . wherein the commons did declare their advice to the king and grantz by a bill in form following , viz. de avisera sur sa lot les plusors aliens , il semble que bon est , que nostre sieur le roy maunde ses lettres au seint piere la pape , monstrant & movant , que il doit voler & ordeiner tiels ministres & beneficers en seint egleise faire que poient levez profit faire quant al amendement & salvation des almes des lour parocheines & subgitz des queux ils out les cures , mais les provenders aliens ne connisent , n'entendant le putoys ne le lange d'engleterre , ne la com . d'engleterre loure ; pur quoy ils ne poient ne savant valer , ne aider ne counceller les subgits per predications , confessions , ne autre maner entendable , quiles defaults poient estre causes universeles de perte & damnation des almes des christians , & ausint er la ou benificers de seints eglises curetes doient de commune ley faire residence , & despender les biens de seint eglise enter lour poure parochiens les provisers aliens tout le profit emportent saunz residency , amendemen● , ou profit faire a loure benifices ; queux mischiefs & deffauts suesdits , le dit seint piere que est soveraigne governeur de seint eglise en terre , aver & doit aver le regard , sil please nostre dit sieur le roy cestes mischiefs & autres queux les sages luy informerent au dit st. piere maunder , et monstrer per ses lettres , come avaunt ses heures ad fait , & effectualment oue diligence pursuer per sages que luy purrent enformer des novels accrochments contra son droit royal , & est assaye de amendement , & saunz peril de alme ou conscience , & pleasance a la commune per protestation , sil semble a nostre dit treshonor seiur le roy & son councel , que ore ne soit derogatorie ne prejudicial a sa royal dignite , ne a droit sa corone , & autrement nemy . iohn matravers sheweth , that in a parliament holden whilst he was in the kings service , by information of his adversaries in his absence , a judgment passed against him not indicted nor attainted , nor called to answer : in which judgment he alleadgeth to be divers errors dangerous , a● touts les gentz d'engleterre , in time to come . also that he by the kings commandment did shew the errors before his great councel at westminster , which erors of the said judgement were pronounced , the petitioner being present by the kings protection . now he prayeth , that the judgment that was so given against him , may in full parliament be viewed and examined before the king , the peers ; and the errors therein shewed by the councel of the petitioner , and that if the judgement be erroneous , it may be reversed , and he restored to the law ; and after the judgment reversed , the petitioner will be ready to answer all men according to the laws of the realm ; also he will acquit himself by his oath with one hundred knights , that he was not guilty of that for which he was banished ; and if his oath be not due , he will , that the archbishop , bishops , and all the priests of england do excommunicate him : and yet if any man will say it against him , he will defend himself by his body , against all men except the kings blood , that it may please the king to end the same matters . forasmuch as petition hath been made to the king , that where villianage is alledged against the demandant or plaintiff , the same should be tryed by the county , where the partie alledging the exception doth lay the birth of the defendant or plaintiff to have been● which petition is against the law and usage , to the great mischief of the commons , as appeareth by the pleading at the assizes , and other pleadings which are to be pleaded and determined in the counties where the demand is , or trespasses done , que duissent purtant estre trop delayes a disheritance de la dit come , and that which worse is ; if the petition should be granted every man would alledge this exception against his adversary , and would chuse a county at his pleasure , whereby any freeman might by such means be made servile . for by such exception alledged by un grant de la terre against a mean person , the same should be tryed in a forreign county where his greatne●s is , and where the mean man nor his ancestors never came ; therefore the king will have regard to these and other mischiefs if the petition should proceed , and to the good laws , and customs of the land , and them to maintain without regard to the petition of any single person against the law of the land . whereas lionel the kings son , and elizabeth his wife do hold the county of hulnester in ireland , in right and heritage of the said elizabeth , and forasmuch as if the said elizabeth should dye without issue , the said county is to descend unto divers persons , whereof some are enemies to the king , which parceners would enter into the said heritage , and would move war against the king , as well in ireland , as elsewhere ; that against this evill and danger , the king in this parliament will provide remedy by the advice of the prelates , counts , and barons , and others of his councel . iohn wettenham and walter de cheriton merchants , desire , that whereas the commons have complained against them by divers bills in parliament● viz. that they have done divers extortions , grievances , and prejudices to the king and commons . forasmuch as they have imployed their pains and diligence to serve the king , and have therein suffered many mischiefs , that the king will command the said merchants to come before the councel to answer whatsoever shall be objected , and to declare their estate ; so as other merchants hereafter may not doubt to deal with the king in cheevances , nor no other businesses , as occasion shall require . that none may chase or kill the kings game , when the same do scape out of the forrests , but only the lords of the woods , and of the soil where such game are found , and that some certain punishments be ordered for them which shall do otherwise . whereas the commons are charged to advise the king , how the peace of the land may be better kept : to which was answered , that in every county six persons , of whom two to be des pluis grantz , and two knights , and two men of law , and so more or lesse , as need shall be , and they to have power and commission out of the chancery , to hear and determine the keeping of the peace ; et que counts traylebastoneries ne courgent , as heretofore was assented by parliament , for they were the destruction of the people to small or no amendment of the law or peace , nor punishment of felons or trespassers . wherefore because the commons have so long continued together to their great costs and mischief , they desire answer of this bill , & lour deliverance . anno vicesimo secundo edwardi tertii . rex , &c. henrico com. lanc. &c. apud westm. die lunae post mediam dominicam quadragesimae . teste rege apud westmonast . die februarii . consimiles literae subscriptae , willielmo bohun , comiti northampton . henrico bohun com. hereff. & essex . humfrido de courtney , com. devon. willielmo de clinton com. huntington . ricardo com. arundel . thomae de bello campo , com. warr. johanni de vere com. oxoniae . gilberto de humfravil com. de anegos . roberto de ufford com. suff. laurentio de hastings com. pembroke . johanni de mowbray . henrico fitzhugh . barthol . de burghurst seniori . henrico piercie . rado . baroni de stafford . ricardo talbot de morley . waltero de mamcy . thomae de berkeley . johanni de seagrave . thomae de lucie . johanni harrington . petro de malo lacu le quint. rado . bulmer . reginaldo de cobham . reginaldo de grey . rogero de grey . rogero de chandos . johanni de charleton . johanni de willoughby . henrico hussey . willielmo la zouch de harringworth . johanni bardolfe . nicolao de cantilupo . johanni de fauconbridge . thomae wake de ridall de bradston . thomae de bugworth . anno vicesimo secundo edwardi tertii . the parliament holden at westminster the monday next after the week in the midst of lent. anno . edwardi tertii . for that sundry of the lords were not at this day come , the parliament was continned untill tuesday , and from thence wednesday ; at the which day sir william de thorpe the lord chief justice , in the presence of the king and lords , by the kings commandment declared , that the parliament was called for two causes . the first , how according to the truce taken at callice , the king had accordingly sent messengers to the pope , and looked for return of answer before the last parliament , which now was not come ; for that also , as sundry points of the truce touching the king , and his allies were not performed . and further , for that sundry of the french prepared a puissant army to invade this realm . the second cause was , for the preservation of the peace ; wherefore the whole estates were willed to consult in what wise it might be releived for the attaining of his attempt . the lords and commons took great advice from day to day ; and in the end answered in effect following . they first shew , the great charges laid upon the commons , as the reasonable aid being pardoned in . e. . whereof every fine was forty shillings , the setting forth of men , the taking of victuals not paid for , for the keeping of the seas . the subsidy of wooll amounting to threescore thousand pounds yearly , and yet without law ; the lending of twenty sacks of wooll , the restraint of passing over of wooll . notwithstanding they grant to the king three fifteens in three years , so as the subsidy of wooll might cease , so as david le bruce , william douglas , and other chieftains in scotland be not delivered for ransom , or faith ; so as if the wats do cease within three years , that then their grant might cease ; so as all other their petitions ensuing be granted , and these their conditions enrolled and exemplified . petitions of the commons with their answer . that the falshoods of such as were appointed to gather the two thousand sacks of wooll lent to the king may be determined by some of the parliament , and that all acquittances to any such made be repealed . this was answered it the last parliament , and therefore commandment to execute the same . that commandment be given to the nobles in no wise to maintain a common robber or theif ; that two knights in every shire-town , and two learned in the law , be appointed justices to determine all offences , and to enquire of false money , they to have some fee. the same was answered in the last parliament . that all petitions in this present parliament may be presently answered . after easter the same shall be answered . that all wooll , and other merchandizes may freely pass without any loans or other subsides , over the due customs . the passage shall be free , saving to the king his due . that no eyres of the forrests , or other enquires , other then of peace be kept during the wars . the king is to do his pleasure therein . that none of the nobles , nor other captains of scotland , being the k●ngs prisoners be in any wise delivered . the king will do more if need shall be . that such aid as is levied beyond trent , may be imployed on the wars in scotland . that no appeals be received of any felonies done in any other counties then where the appeals were taken . the king is not advised to make such new laws . that redress may be had for that the men of bridges in flunders have forbid all merchants strangers to buy any staple ware here . the king will talk with the flemish ambassador , and further to the good of the towns there . that all enquires of nineths granted may cease . the king will be advised . that the order made that all merchants for every sack of wooll should bring in two marks of bullion , may be repealed , for that carrying over of bullion is forbidden in flanders . the king will learn the truth of the ambassador here . it is agreed that the customers at easter next stay the receipt of two shillings of every sack of wool. that remedy may be found that no accomptant in the exchequer do run in issues before he be warned . the proces shall be first a venire fac . then a distringas , and after a writ out of the chancery to the treasurer and barons . that the common law may stand to the bill of the navy exhibited in the last parliament . the king will be advised . the like motion for three years , as before tit . . it seemeth good for the ease of the subjects if great necessity do not otherwise cause . that the marshal letting to bail , or at large any person committed to him for the peace do answer damages . the king will be advised . that no man be barred by non claim . a law cannot so suddenly be made . that the jurors in every inquest , and great assize may say the verity of the fact as in assize of novel disseisin . the law shall be kept as heretofore . that the purveyors for all victualls with two honest men where they shall purvey , do take by indenture . the laws heretofore made do suffice . that none coming to the parliament by summons be appointed a sessor or a receiver of the fifteens triennial . the king wlll appoint such men as he shall like . that the erroneous judg●ments in the exchequer be reversed in the kings bench. this was answered in the last parliament . a long complaint against forresters for afforresting of mens purleus for undue tryal , and for extortions . a request that the great charter may be kept , and that all men may injoy the purlieus according to the perambulation made in the time of king edward the first . the king would the charter to be kept , and such as will complain in the right of their purlieus may have writs out of the chancery . whereupon surry , and other countries shewed , that they could not upon suit have such writs . the order made at the last parliament shall be kept , and general writs or special shall be granted to all such as will sue therefore ; so as right be had to the king , to the subjects . they pray that the petitions declared by them in the last parliament , whereunto the king and lords had agreed , may be kept , and not altered by any new coloured bill or practice . the king by the assent of the lords made answer then , that laws and process heretofore used could not be altered , without making of new statutes , which as yet they could not attend but shortly would . on the backside of the same roll. the worsted weavers of norwich , and the merchants of the same pray , that such letters pattents as the king had granted to robert poley one of his valects of assay , and one of the alnage of worsted in norwich , and elsewhere in norfolk , during the life of the said robert , might be revoked , and that they might have the same ; whereto was answered as followeth , it seemeth to the councel , that the same ought to be granted , for the common profit of all estates . anno vicesimo quinto edwardi tertii . rex &c. dilecto & fideli suo henrico com. lanc. salutem , &c. apud westmonasterium , in octabis purificationis beatae mariae virginis . teste rege apud westmonast . die novembris . . e. . consimiles literae sabscriptae , edwardo principi walliae , duci cornubiae , & com. cestriae . willielmo de bohun , com. northumberland . hugoni de bohun , com. hereff. & essex . hugoni de courtney com. devon . williel . clinton com. huntington ricardo com. arundel . thomae de bello campo com. oxoniae . gilberto humfravil com. de anegos . roberto de ufford com. suff. willielmo de monteacuto com. sarum . johanni de mowbray . henrico de piercie . willielmo de roos de hamalack . rado de nevill . rado baroni de stafford . ricardo talbot . roberto morley . waltero de manny . johanni de seagrave . thomae de berkly . thomae de lucie . petro de malo lacu le quint. reginaldo de cobham . henrico fitzhugh . reginaldo de grey seniori . rogero de grey . johanni willoughbie de ersby . rogero chandos . johanni de cherlton . walter . la zouch de harringworth johanni bardolf . willielmo d●ynecourt . johanni tibitot . johanni fitzwalter . ●●l●ero de ●aw●onbridge . willielmo baroni de greystock . willielmo de dacre . thomae de musgrave . thomae de furnival . thomae bradeston . roberto fitzpain . johanni de grey de rotherfield . johanni de codenore . johanni darcy de knayth . johanni de insula de ruber monte rogero de mortuo mari de wigmore . roberto de colvill . berthol . de burgherst seniori . guidoni de bian. johanni de bello campo de warr. ricardo lovel . nicholao burnell . edwardo de monteacuto . thomae ughtred . rober●o de scales . hen●ico le scro●pe . joha●ni de cobham . micha●li de poyntz . bartholm . de burcheir custodi quinque portuum . anno vicesimo quinto edwardi tertii . the parliament holden at westminster the monday in the utaves of the purification of our lady in the xxv . year of edward the third . for that sundry of the lords were not the same day come , the parliament was continued untill thursday , and from thursday to friday then ensuing , at which day sir lionel the kings son with sundry nobles did assemble in the chamber de pint , where the kings commission was read , the which authorized the said lionel in his absence to begin , and proceed therein untill the kings coming . the commission sheweth the cause of the same , to be , for that the king in passing towards the parts beyond the seas , could not be there , the which was openly read before the commons . on monday after , for that sundry of the lords were making speed to come up to the parliament it was continued untill tuesday ensuing . receivers of petitions for england , gascoyne , scotland , ireland , britain , and other forrein isles and places . on tuesday the causes wherefore the parliament was called were declared in presence of the king and nobles ( viz. ) first , for that the king had summoned a parliament in the , &c. the which he could not end by reason of the great pestilence , nor keep any since by the continuance of the same plague , and by affairs touching war , and for that the peace was not kept , and that labourers would not do their service , and for that the treasure of the realm was also conveyed away , was the parliament called , of all which points the whole state were willed to consult . all which causes sir william shareshall knight , the chief justice to the king , willed the commons to weigh , and well to provide therefore . this last , and next title above doth approve , that the printed statute entituled to be made in edw. . could in no wise then be made , and so mistaken . tryers of petitions for england , wales , ireland , gascoyne , britain , and other forain isles and places . the proces , and matter there following were delivered by the bishop of winchester , then chancellor , to iohn of codington clerk of the parliament , in the kings behalf , to be entred into the roll of the same parliament . richard e. of arundel by his petition praieth , that his restitution granted in e. . may be by this parliament better declared and confirmed . the king willeth that this petition may be by the wise men examined , and a restitution accordingly to be made , and confirmed . then the last act made e. . tit . . touching this earl is recited , and this thereunto adjoyned , viz. that it is by the king and whole state agreed , that the said restitution be confirmed , and that the same shall be of such force and effect , that iohn now earl of kent , nor his heirs , shall not challenge , nor have against the said richard e. of arundel in any court of england , or in wales , by writ , or otherwise by any petition in parliament , any of the possessions of the said iohn or edmond his father , or edmond his eldest brother ever had to the said castle of arundel , or of any part , &c. so as the said richard by this restitution shall have the like estate as he should have had by discent of inheritance as well to all other hereditaments whereof the said edmond earl of arundel his father died seised in england , or in wales , as of the said castle . the king caused to be brought before him in full parliament the recrod of judgment had against sir will. thorp by his late chief justice , & caused the same openly to be read before the nobles of the parliament , to hear every of their advises : all whom affirmed the judgment to be rightly given , considering that he had against his oath received bribes , and therefore it was agreed by the whole parliament , that if the like case should hereafter happen , the king might take to him such nobles as he should best think , and therein do according to his pleasure . petitions of the commons with their answer . it is enacted , that the great charter , and other statutes be observed , and the king in consideration of the great dearth of corn , releaseth the half of his provision appointed to be taken up by the purveyors . that remedy may be had against labourers . the answer doth appear hereafter in a statute made heretofore . that remedy may be had against the popes reservations , by which broakage and means the pope receiveth the first fruits of all ecclesiastical dignities , a more destruction to the realm , then all the wars . the answer doth appear in a statute hereafter made therefore . that the like remedy may be had against such as in the court of rome pursue to undo any judgment given in the kings court , as if he enforced to undo the laws of the realm . there is a sufficient remedy provided by law. that the statute made for the peace may be kept . it pleaseth the king. that no man be put to answer of his free-hold , or of any thing that toucheth life , member , or fine by opposite before the councel , but by due process of law. touching free-hold the king agreeth , and of the rest will be advised . that no merchant other then for your merchants for their great necessity do carry over the good money . the king will be advised . that the fines of laborers may be paid to the chief taxes of this fifteen in aid of the poor . the surplusage thereof shall be imployed , as hereafter may appear . that the steward , and marshal and their deputies do make no other process then was used in the time of king edward the second , and limited by the statute therefore provided . the king would the statute to be kept , and the complaint to be heard . that no purveyance be made for hay or oats for horses . the statute shall be observed . that the payment of merchants for wafting over their goods may cease . the king will be advised . such payments in short time grew to be a custom called tonnage and poundage . that the subsidy of wool , viz. of every sack may cease . the same was granted to the king for a time yet enduring . that sheriffs , escheators , and coroners may have sufficient in their counties . the statutes made shall be kept . that remedy may be had against sheriffs , not paying the kings duties . the treasurer upon complaint shall pay the same . that every judgment in the common pleas may pass under the seal of the chief justice as in cases of eyer , so as the charges of the great seal may cease . the motion seemeth unreasonable . that no pardon be granted to any murtherer , or felon , but where the king may save his oath . the king granteth thereunto . that the statute of edw. . tit , . may be observed . the answer is in an act made hereafter therefore . answ. it is enacted that the statute of westminster made against the destruction of salmons may be kept , and that all mills set on rivers be thrown down . that the fines of the chancery writs may be abated . that the king would the chancellor should consider the state of the person . that no purveyor of timber do take away trees about any mans house , and that exceptions thereof be in all their commissions . the king granteth thereunto . that no writ de excommunicato capiendo before a scire facias be directed to cause the party to answer . the same cannot be granted . that the partie may answer to the cause after letters of excommunication . answer as next before . that the merchants may be paid their loans in every sack of wooll . walter of chirton the kings farmer of his customs hath not yet accompted . it is enacted that the justices of oyer and terminer shall cease , and take the fines of the parties in their presence , and by their own accord . no pardon shall be granted to bringers in of false money . that remedy may be had against the oppressors of ordinaries , and ●heir officers . the laws of the land and of the church shall be observed . a complaint for taking of forty six shillings eight pence custom for every three hundred wooll fells where the old custom was three shillings four pence for every hundred . the old custom recieved ought not to be withdrawn . that a standard of all manner of measures may be in every country . if there be not , there shall be . that no statute be altered for any private cause . let a more explanation be made against the next parliament . a motion touching the alnage , and measure of cloth , answered by a special statute made thereof in this year . the print touching those that were born in the parts beyond the seas , cap. . agreeth with the record . the print touching the measure and content of woollen clothes cap. . agreeth with the record . the print touching merchandizes to be sold by merchants strangers , cap. . agreeth with the record . the print against forestalling , cap. . agreeth with the record . the print for pulling down of mills set upon rivers , cap. . agreeth with the record , it is to be noted , that the next four statutes above in the print were noted to be made at the utaves of st. hillary in the . where the same was nothing so , as may appear . along statute , called the statute of provisions , being an act against the popes tyrannous oppressions , and detestable enormities , agreeth with the print , cap , , & . the print touching labourers , cap. . agreeth with the record . on the backside of the roll. in it is contained the proclamation , forbidding the wearing of armour , and plays or games , in or about westminster according to the . edw. . tit . . the writ of proclamation for the true making of woollen cloathes . anno vicesimo quinto edwardi tertii . rex &c. edwardo principi walliae duci cornubiae , & com. cestriae , apud westmonasterium , die veneris in fest. sancti hillarii . teste rege apud westm . die novembris . henrico duci lanc. johanni com. kanc. willielmo de bohun com. hereff. & essex . hugoni de courtney com. devon. willielmo de clinton com. huntington . ricardo com. arundel . thomae de bello campo com. warwick . johanni de vere com. oxoniae gilberto de humfravil com. anegos roberto de ufford com. suff. willielmo de monteacuto com. sarum . johanni de mowbray henrico de piercie . willielmo de roos de hamalake . rado de nevill . ricardo talbot . roberto morley . waltero de manney . johanni de segrave . willielmo de huntingfield thomae de berkley thomae de lucie . petro de malo lacu le quint reginaldo de cobham . henrico fitzhugh . reginaldo de grey seniori . rogero de grey . johanni de willoughbie . rogero de candos . johanni de charleton . williel . la zouch de harringworth● johanni bardoff juniori . johanni bardolf . willielmo deynecourt . nich. de cantilupo . johanni talbott . johanni fitzwalter . waltero de falconbridge . willielmo baroni de greystock . willielmo de dacre . thomae de musgrave . thomae de furnivall . thomae de bradeston . roberto fitzpayne . johanni de grey de rotherfeild . johanni de grey de codnore . johanni darcy de gnayth . johanni de insula de rubeo monte . ric. de mortuo mari de wigmore . roberto de colvill . barthol . de burgherst seniori . guidoni de bryan . richardo de sancto mauro . jacobo de andelia . nicho. burnell . edwardo de monteacuto . thomae ughtred . roberto de scales . henrico de scroop . johanni de cobham . michaeli de poyntz . johan . de bello campo . de somers . johanni matravers . consimiles litterae dirigantur bartholomeo de burgherst constabulario castri dover , & custodi quinque portuum & ad mittend . baron . pro portubus dicto parliamento . anno vicesimo quinto edwardi tertii . the parliament holden at westminster the friday the feast of saint hillary in the . year of edward the third . this parliament should seem to be before the last , considering that king edward the third begun to raign the second day of ianuary , and the feast of saint hillary was next , and before the utaves of the purification of our ladie , at which time the parliament next before was holden , which cannot be but the last parliament was truly placed , and this as much displaced . that the last parliament was truly placed , it appeared by the same parliament , tit . . and the note following . besides all this , the title following requireth that the fines of the statutes of laborers made at the last parliament , &c. which statute was made in very deed at the last parliament , and not in this . further to sundry persons , viz. tit . , , , , and . answer was made there were answers in the last parliament , and so there were . now to the parliament , it seemeth that this parliament could not be holden at this time , and that for two causes . first , for that hillary was before the purification , and so this parliament could not be holden . another is in the , , and . following , the pardon of sir iohn montravers is confirmed , which shewed in full parliament beareth dare the of february , ● edward the third , so it seemeth this parliament was holden rather in e. . on friday the king being accompanied with sundry lords assembled in the chamber de ●int , where sir william shareshall , the kings chief justice made declaration , that the king adjourned the parliament till the monday ensuing , for that sundry of the lords were not come . receivers of petitions for england , ireland , wales , gascoyne , scotland , and other forain isles , and places . tryers appointed for the petitions aforesaid● sir iohn of codington clerk of the parliament is commanded to cause proclamation to be made against wearing of armor , and unlawful games in the last parliament , tit . . on wednesday the fift day of the parliament , sir william shareshall chief justice , in the presence of the kings , lords and commons declared the cause of the parliament , viz. first , for the observation of the peace ; another for the kings title to france , by the death of charls the kings uncle , after whose death philip de valois , son of the uncle of the said charls had usurped the same kingdom ; how the king for recovery of the same had by the assent of the parliament reared war , and taken sundry truces with philip , all which were broken ; and how iohn the son of the said philip had broken the truce in britane and gascoyne , of all which matter the king willeth the whole state to deliberate , and to give answer . whereupon the said sir william willed the commons for shortning of time , to commit the same to some certain number of themselves for speedy conferences , and growing to an end with the lords . on friday after , sir bartholmew burgherst the kings chamberlain , in the presence of the king , lords , and commons declareth the untruth of the french by particular breaking of the truce ; after which the same sir william willeth the commons to bring in their petitions . petitions of the commons with their answer . the print touching the levying of fifteens then granted , cap. . agreeth with the record . that the nobles of every county with certain associates may determine all matters of the peace . the king will appoint new commissioners as need shall be . the print touching purveyors , cap. . by implication agreeth with the record , and not otherwise . that no sheriff be made unless he have sufficient to answer in his county . the statute made shall be observed . that payment may be made of the loans , and none hereafter made . the king granteth . the print that no indictor be put upon the inquest of the theeves agreeth with the record . the print that none be taken upon suggestion by indictment , nor presentment , cap. . agreeth with the record : the print for actions given for the executors of executors , cap. . agreeth with the record . the print that the takers or timber , according to the last parliament , tit . . to fell no mans trees growing about his house , cap. . agreeth with the record . the print that forestallers shall not take up any victuals , cap. . agreeth with the record . the print that no man do find any man at arms other then such as hold by that service , cap. . agreeth with the record . the print forbidding auncel weights , cap. . agreeth with the record . that the king will provide sufficient safeguard for the north marches , if he shall depart the realm . the king so meaneth . the print touching measures , cap. . agreeth with the record . that none of the commons house , be any collector of the aide granted . the demand is not reasonable . the print for levying reasonable aid , cap. . by implication , agreeth with the record , and not otherwise . that the subjects may be paid for the victuals taken up . the same shall be with opportunity . it is enacted , that the act made in the last parliament , cap. . shall take effect as well on the river of thames , or elsewhere . the print touching the banquerouting of lumbards , and other merchant strangers , cap. . agreeth with the record . the print for the not embasing of money , cap. . agreeth with the record . the print touching proces upon men indicted for felony , cap. . agreeth with the record . that none of the kings servants do implead any man in the marshalsey . the king will not the same request . that no heir do answer to the king other then a common person , viz. he having assets , or value to descend in fee. the king thinketh the same nothing reasonable● that no merchant be impeached of over-plus of weight after that the kings officer sworn have weighed the same . the treasurer and barons of the exchequer shall weigh every mans complaint . that the clergy do demand no tithe of great wood . the king will be advised . the print touching the exchanging of gold and silver , cap. . agreeth with the record . that sheriffs may be allowed on their accompts of fee farms , which hold by liberty granted . the treasurer and barons shall allow what reason is . that no fine be paid for writs out of the chancery . the chancellor shall therein respect the state of the person . the print for taking of sheep , cap. . agreeth with the record . the print for non-tenure of parcel not to abate the whole writ , cap. . agreeth with the record . that the statute of provisors made in the last parliament may be executed . the king will have the same newly read and amended where need shall be , and do thereafter . it is enacted that the alnager shall not intermeddle with whole woollen cloaths , according to the statute of the last parliament . the print that process of outlary shall lie in debt , detinue and reple● agreeth with the record . the like motion as in the last parliament tit . . the answer was the same , and was then reasonably answered . that the sheriffs of buckingham and bedford may be discharged of all fines of such fee-farms as they cannot levy . the treasurer and barons shall consider of the same . the print touching exception of villenage , cap. . agreeth with the record . the print touching protections , cap. . agreeth with the record . the print that plate should be received into the mint by weight , cap. . agreeth with the record . that all men do contribute to the desmes , and fifteens , notwithstanding any charter to the contrary , also that all lords as well as the mean do the same . all men shall enjoy their charters . the print for taking wines for the king , cap. . agreeth with the record . the print against provisors from the court of rome , cap. . agreeth with the record . sir iohn montrevers knight , by his petition requireth the confirmation of the kings pardon to him granted . the pardon , and sundry considerations of the same , and namely , for that he was ready to stand to his purgation , and for his faithful service done in flanders . the confirmation of the same by the whole estates . petitions of the clergy with their answers . the print called the statute of the clergy , containing in the whole nine chapters , agrees with the record . among other things the clergy in the tit . and under the fourth chapter in print make complaint , for that one haukenstine henby a knight , being a clerk , had judgment given against him at lincoln to be hanged , drawn and quartered , for that he had taken and kept in prison one of the kings subjects untill he had made fine of ● l. for a judgment given against a priest at nottingham , for killing of his master sir thomas of cibethorp , a clerk of the chancery , a justice of the king ; and further for hanging certain monks at combe . the statute called circumspecte agatis be kept in all points . the ordinance shall be seen , and in what points the same is not kept , reason shall be shewd . that the ordinary may well refuse to admit the kings presentment upon any judgment for the king wher he hath before an inhibition from the arch bishop of canterbury , until the same be undone by a dismission . in such cases a writ in the nature of a dismission shall be sent out of the chancery to the archbishop . that remedy may be pursued against purveyors taking up fees of the church in court christian. the king hath granted , that who will sue therefore may have a writ in the chancery . the roll of ordinances , taken at westminster in the great councel there summoned the monday next after the feast of saint matthew the apostle in the . of edward the third . the same monday a proclamation was made in westminster-hall , that all estates warned thereto might take their ease from wednesday until friday then ensuing . on which friday sir william shareshal , the kings chief justice shewed that the assembly was called , for that the staple should be removed from beyond the seas , and appointed in the realm . the print called the statute of the staple , containing in the whole . chapters , agreeth with the record . the seventh day of october , sir bartholmew burgherst the kings chamberla●n , in the presence of the king , lords , and commons , sheweth how the king had attempted , and pursued war against the french , without charging of the commons . and to end the same , he had made great means to the pope , the which , for that the same could not be ended , he requireth the commons to grant him the subsidy of wooll , who thereupon by whole assent granted the same to him for three years . petitions of the commons with their answer . the print against provisors that sue to the court of rome , cap. . agreeth with the record . that the king will revoke the office of the alnage , and take three pence of every cloth . let the commons talk with the chancellor and treasurer , to the end good recompence may be made for the said alnage . that the subsides and other aids granted may be imploied onely in the wars . it pleaseth the king. the print that justices of peace should enquire of victuallers , cap. . agreeth with the record . that the coyn may be reduced into old sterling . it was answered in the last parliament . that the staple may be appointed at worcester , nottingham , hull , st. buttolphs , stamford , lyn , ipswich , and canterbury . at canterbury , only one to be in the honor of st. thomas . note the statute of wines , in the print book cap. , , , & . are not in the roll , neither in the printed calender for the lines of holding the parliament . that the lords and commons may by easter following , appoint out three sort of woolls which then shall begin . the king will be advised . that the outragious fines taken by sir iohn molins , and such other commissioners , may be remedied . upon complaint redress shall be had . the print that all suggestions shall be put into pardons , cap. . agreeth with the record . it is enacted , that all the articles of the staple shall be proclaimed throughout the realm , and confirmed at the next parliament . anno vicesimo septimo edwardi tertii . rex edwardo principi walliae , &c. apud westmonasterium die lunae post festum sancti matthaei , &c. colloquium habere , &c. teste rege apud westmonast . die july , an. . e. . henrico duci lancastriae . willielmo de bohun , comiti northampton . humfrido de bohun com. hereff. & essex . hugoni de courtney , com. devon willielmo de clinton com. huntington . ricardo com. arundel . thomae de bello campo , com. warr. johanni de vere com. oxoniae . gilberto de humfravil com. de anegos . roberto de ufford com. suff. willielmo de monteacuto com. sarum . rado . com. stafford . johanni de mowbray . henrico de piercie . rado de nevil . ricardo de talbot . roberto de morley . waltero de mamcy . willielmo de huntingfield . thomae de berkeley . thomae de lucie . petro de malo lacu le quint. reginaldo de cobham . reginaldo de grey . johanni de willoughby de eresbie . rogero de chandos . johanni de charlton . willielmo la zouch de harringworth . johanni bardolfe . willielmo deynecourt . johanni tibetott . johanni fitzwater , waltero fawconbridge . willielmo baroni de graystock . willielmo de dacre . thomae musgrave . thomae de bradeston . johanni de grey de rotherfield . johanni grey de codonere . johanni darcy de knayth . rogero de mare mortuo de wigmore . roberto de colvel . barthol . de burghurst seniori . guidoni de brian . nicolao de sancto mauro . galfrido de say. michaeli de pointz . johanni de bello campo com. somerset . jacobo de audley . edwardo de monteacuto . thomae de brewes . thomae de holland : thomae de ughtred . henrico de scroop . johanni de cobham . anno vicesimo octavo edwardi tertii . rex &c. edwardo principi walliae duci cornubiae , & com. cestriae , &c : apud westmonasterium , die lunae post festum sancti martini , &c. teste rege apud westm. . die martii . consimiles literae subscript . henrico duci lanc. humfrido de bohun com. hereff. & essex . willielmo de bohun com. northampton . roberto de ufford com. suff. thomae de bello campo com. warwick . willielmo de monteacuto com. sarum . ricardo com. arundel . rado com. stafford . humfrey de courtney com. devon . willielmo de clinton com. huntington . johanni de vere com. oxoniae gilberto de humfravil com. de anegos johanni de mowbray henrico de piercie . thomae de holland . rado de nevill . rogero de mortuo mari . waltero de manney . barthol . de burgherst seniori . willielmo de ferraris . johanni de insula de rubeo monte ricardo talbot . johanni de grey de codenore . roberto de morley . willielmo de huntingfield thomae de berkley thomae de lucie . petro de malo lacu . reginaldo de cobham . reginaldo de grey seniori . johanni de willoughbie de eresby . rogero de candos . johanni de charleton . williel . la zouch de harringworthi johanni bardolf . willielmo deynecourt . nich. de cantilupo . johanni tibitott . johanni fitzwalter . waltero de falconbridge . willielmo baroni de graystock . willielmo de dacre . johanni de musgrave . johanni de furnivall . thomae de ●radeston . johanni de grey de rotherfeild . johanni darcy de knayth . roberto de colvill . guidoni de ●ryan . richardo de sancto mauro . nicho. burnell . edwardo de monteacuto . thomae ughtred . roberto de scales . henrico de scroop . johanni de cobham . michaeli de poyntz . johanni de bello campo . com. de somer . johanni de bello campo . de war. barthol . de burgherst , custodi quinque portuum . anno vicesimo octavo edwardi tertii . the parliament holden at westminster the monday after saint mark the evangelist in the . year of edward the third . the monday after sir william shareshal chief justice to the king in the chamber de pinct made open proclamation before the king , lords and commons , that the parliament was called for three causes , first , for the establishing of the staple within the realm , and confirmation of the ordinances made at the last great councel . the second how they might treat a peace with the french , for that by war he saw his subjects greatly wasted . the third , for receiving of petitions , and redress of enormities , all which without parliament could not be ended . receivers of petitions for england . receivers of petitions for gascoyne , ireland , wales , and other forain isles and places . tryers of petitions for gascoyn , &c. as above . tryers of petitions for england , as above . roger of wigmore , cousin and heir of roger of mortimer late earl of march , requireth by his petition the attainture of the said earl , made in the edw. . tit . may be examined , and for manifest errors be reversed , whereupon the record was brought before edward prince of wales , lords and commons . all the articles , circumstances and judgments of the same earl , had in the . e. . tit . . and which there cannot be read , are contained at large . the same objections laid against the said earl are to be engraven in the hearts of all councellors about a prince . for this earl being condemned of certain points , wherefore he deserved commendations for others altogether untrue surmises , as the half blind may see , and for other some being true , yet of no moment , may teach councellors to see themselves , and thereby know that their well-doing not being well taken doth purchase death , where the princes wrath supplieth equity . the lords and judges of the parliament , by the authority of the king for the objections laid against the said earl , adjudged him to be drawn , and hanged , which was there done with post speed . this bill requireth , that the judgment aforesaid might be revoked , for errors in all points of the same , viz. for as much as the said earl was put to death without any accusation , or being brought to judgment or answer . the same judgment is revoked , and the same roger restored to the blood , and to all the hereditaments of the said earl. the judgment of the lords made in e. . tit . . was so strange as they having conscientias mille testes , knew themselves so gauled thereby , as in sundry parliaments after they sought by all means to have an act , that no peer should be put to death but by open answer by his peers in full parliament , but long they laboured in vain , but at last they obtained , as before it doth appear . richard earl of arundel by petition sheweth , how at the parliament holden at candlemas in the e. . nothing was done touching the attainder of edmond the earl of arundel his father , albeit he was thereupon put to death , he prayeth now that he may be taken as heir to his father . the record and act aforesaid fully agreeth with the recital of the said earl. upon the view of which record , the said richard alleadgeth , that therein is nothing contained wherefore the said earl should be put to death without judgment , or due process of law : after which the whole estates adjudged the said earl unjustly put to death , they undo the said process , and restore the said earl to all benefits of the law. it is enacted by common assent , that all the ordinances made in the last great councel assembled at westminster touching the staple be confirmed to continue for ever . petitions of the commons with their answers . it is enacted , that the justices of the peace shall be of the best in every county , that upon the displacing of any of them , others be placed at the nomination of the knights of the same county ; that they sit four times at the least every year ; that none be displaced without the kings special commandment or testimony of their fellows . that the surplusage of the fines of the statute of labourers may be entirely distributed amongst the poor of the whole county , and not to poor towns only . it shall be parted among the poor towns only . that the writ of estreat may lie in every action , where the party shall recover damages of estreats after the writ purchased . the old law shall be continued . the print touching the shew of woolls , cap. . agreeth with the record . that remedy may be had in such cases where the king receiveth the profits of the wards lands , as well of socage , as otherwise , where no part of the same is holden of him . the law heretofore used shall continue . the print that none be out-lawed without due process of law , cap. . agreeth with the record . that it may be ordered , whether the tenants of such as hold by barony and are summoned to the parliament , shall contribute to the payment of knights fees coming to the parliament . as heretofore , so the same shall be . the present pay be made of all purveyances being under twenty shillings , and of greater within one quarter of a year , and that purveyance be made without malice ; the print cap. , & . agreeth with it . it is good to make payment accordingly to the first point , and to redress the second . that all sheriffs be charged to make present payment for all purveyances for callice . the demand is reasonable . the print touching errors , and misprisions , in the city of london , cap. . agreeth with the record . that any one of many attainted upon a writ of oyer and terminer , may bring his attaint , hanging his suit against the other . the lords will not alter the order of the law. the print touching the confirmation of all statutes not repealed , cap. . agreeth with the record . that the lords marchers of wales do suffer no distresses to be made on any english man coming into wales for any other mans debts , if he be no debtor , trespassor , or surety . as heretofore the law shall be . that no inquest upon conspiracy , confederacy , maintenance , or such like , be returned but by the sheriff , of the most lawful men , and nighest in that part of the country where such acts are laid ; that all evidences therein be given openly at the bar , and that no man speak with the jury after they depart therefrom . it is enacted . the print how the escheators shall answer the profits of the lands of the kings tenants , cap. . agreeth with the record . the print that no iron be carried out of the realm , cap. . agreeth with the record . that the king will appoint a time when the coyn shall be made finer . with opportunity the king meaneth the same . it is enacted , that no purveyor , being arrested for any misdemeanor , shall have any privy seal to cause such as arrested him to come before the councel to answer the king , but have his remedy at the common law. that the king have the forfeitures of his widows dowagers , but not of such as hold joyntly with their husbands . the old law shall stand . that the writ of appeal brought hanging another , may abate the other . the common law therein used shall continue . that weights and measures may henceforth be made in the town of london , so as all counties do accordingly conform themselves . there is an estander in the treasury where every man readily may have the same . the print for the election of the coroners , agreeth with the record . that the writs of the chancery may be at reasonable prices , and that the clerks of the crown , and others for commissions , and such like , do content themselves with the kings allowance . as heretofore the same shall be . that fines for writs may be reasonably made in every of the kings courts . the chancellor shall do as heretofore . the print for the continuance of the sheriffs , cap. . agreeth with the record . the commons beyond trent require , that the justices of the one bench , or the other , may yearly come twice amongst them , for taking cognizance of fines , and letters of attorney of the unable . the king will be advised . the print touching attaint given , not having respect to the quantity of damages , cap. . agreeth with the record . that laborers may take corn for their wages . the statute made shall be observed . that the staple may always continue in england . the same shall so continue until the next parliament , and not to be altered without the assent of the parliament . the print touching sundry ordinances of the staple , cap. . agreeth with the record . the print touching the bounds of the staple , cap. . agreeth with the record . the print touching sheriffs , using to take inquests for the indicting of any , cap. . agreeth with the record . that merchants strangers require that the ordinances of the staple may be speedily executed . the king willeth the same . it is enacted , that that the statute made that all merchants coming into this realm with their merchandizes , might sell the same to any person whatsoever , and of the same to make exchange , or to buy wares , paying the customs therefore , is confirmed to continue . that the customers do dispatch all such merchants coming in with their wares ; and that those merchants for prices of their wares may be credited upon their letters and oathes . it is enacted , that some of the kings councel may be appointed to be governor to such merchant strangers . the chancellor or treasurer shall supply the same , when he may attend ; if not , some learned justices shall be appointed therefore . after all this , sir bartholmew burgherst , the kings chamberlain declared to the whole house , that there was a treaty of peace between the king and the french , and a good hope of a final concord ; wherefore he demanded of the commons whether they would agree ; all of them wholly therein submitted themselves to the order of the king , and of his nobles : whereupon sir mich. of northumberland , keeper of the kings privy seal commanded sir iohn of swinley the notary papal , to make thereof publick instrument . anno vicesimo nono edwardi tertii . rex &c. edwardo principi walliae , duci cornubiae , & com. cestriae , filio suo primogenito , &c. apud westmonasterium , in crastino die sancti martini . teste rege apud westmonast . die septembris . consimiles literae sabscriptae , henrico duci lancastriae , humfrido de bohun , com. hereff. & essex . willielmo de bohun , com northumberland . ricardo com. arundel . rogero de mortuo ma●i com. marchiae . rado com. stafford . hugoni de courtney com. devon . gilberto humfravil com. de anegos . johanni de mowbray . henrico de piercie . rado de nevill . waltero de manny . johanni de grey de codenore . guidoni de brian . thomae ughtred . johanni de cobham . johanni de bello campo , com. warr. ricardo talbot . roberto morley . willielmo de huntingfield . thomae de lucie . petro de malo lacu . reginaldo de grey seniori . reginaldo de grey de ru●hin . johanni de willoughbie de ersby . rogero chandos . johanni de cherlton . willielmo la zouch de harringworth . nicholao de sancto mauro . roberto de scales . michaeli de poynings . rogero de strange . johanni bardolfe . willielmo deynecourt . johanni tibitot . johanni fitzwalter . waltero de fawconbridge . willielmo baroni de greystock . willielmo de dacre . thomae de musgrave . thomae de furnival . thomae bradeston . johanni de grey de rotherfield . roberto de colvill . nicholao burnell . henrico le scroope . johanni de bello campo de somerset . johanni deyncourt . rogero de mortuo mari , com. marchiae , custodi quinque portuum . anno vicesimo nono edwardi tertii , the parliament holden at westminster , the day after saint martin the bishop , in winter , in the . year of edward the third . the parliament for certain causes was adjourned until monday next after the feast of saint edmond the martyr then ensuing . receivers of petitions for england , ireland , wales , gascoin , the isles , and other forein places . tryers of petitions for england , &c. as above . the monday aforesaid , for that sundry of the lords were not come , the parliament was continued until wednesday ensuing ; at which time sir william shareshall the kings chief justice , in the presence of the king , lords and commons , declared the kings pleasure was , that sir william de manny should make declaration to the same assembly , for that he had the most knowledge therein . after which sir william began to declare , how that the king had treated of a peace with the french ; and how for the accomplishment thereof he had sent the duke of lancaster and others as ambassadors to rome , where by means of the french , things could not take good success . how that during the said dukes abode at rome , the king of navar had complained to the same duke of sundry damages done to him by the french ; and by oath affirmed how he would most willingly enter into league with the king ; and for assurance of the same , would with as great a power as he could enforce himself to meet the king at iersey . how the king at the return of the same duke , and knowledge had , with a great navy and army of men hastened himself from the river of thames towards iersey , and being put back by contrary winds , with great hazard arrived at portsmouth , where he abode until he heard news how the same king of navar had revolted from his purpose , and was become french. whereupon the king being advertised that the french made himself strong towards callice with a great army , and thinking there to have some present battel offered , addressed himself thither , being accompanied with his own army , and with certain of his allies whom he found there , viz. sir henry of flanders , and sir frank of vanhall , and many other germans . how the king on all all-souls day last before marched toward his enemy , and proffered to him battel , which his enemy by all means refused ; whereby the king wasting and spoiling the country , and seeing his own army for want to languish , returned to callice , where he made honorable peace , and now returned into the realm to parliament . after which discourse , sir william shareshall willed the commons to weigh the great travel of the king for their defence , and of his readiness to encounter with the scots , who had taken the town of berwick , as news then came to the king ; and to advise how he might atchieve victory of them ; of his long deferred peace with the french , and to the kings honor , and their ease . on friday after , the lords and commons after short conference , had granted to the king for six years the subsidy of wooll ; so as during the same time no other aid or impositions be laid upon the commons . petitions of the commons , with their answers . that the great charter , and the charter of the forrest , in all points shall be kept . the statute , that the staples shall always be kept within the realm , shall be observed . he in the remainder in tall shall be received to defend his right , where tenant for term of life shall go about to lose or sell. the statute made for the yearly removing of sheriffs , shall be observed . that where the commons have granted to the king forty shillings of every knights fee in aid to make his son knight , the exchequer demandeth the same as well of mesne lords , as of the tenants in demesne , against reason ; wherefore they pray remedy . the right use of the exchequer is to be kept . the statute made for the purveyors shall be kept● that no mans lands being bought in h. . his time , which was before the statute of prerogative , be not seised into the kings hands by escheators . let this be more particularly declared unto the king. that the justices of peace may determine weights and measures . the statute made shall be observed ; such justices shall make no deputies ; neither shall the sheriff , coroner , or such like be from henceforth a justice . it is enacted , that no sheriff , constable of any castle or gaol , be any commissioner where men are to be imprisoned . that the points of confederacie may be declared , considering that the judges judge rashly thereof . none shall be punished for confederacie , but in case where the statute speaketh expresly , upon the point contained in the same statute . that the justices of gaol-delivery , on an indictment of the coroner coming before them , may award the exigent . the old law shall stand . that such persons of the far north-countries , as upon appeals joyn in an issue on good or evil , may try the same by nisi prius , considering that the jury will not appear in the kings bench. the old law used shall be kept . that remedy may be had against such as to defraud their creditors before judgement , do convey away their lands and goods . the statute therefore made shall be observed . such as be indicted before the justices of the peace , shall make attorneys have the hearing of their presentments , and answer thereunto . the like act as in the last parliament , tit. ● that writs of attaints may be had of verdicts given in the exchequer , as of verdicts given in other courts . the old law shall be observed . anno ●ricesimo sexto edwardi tertii . the parliament holden at westminster in quindena sancti michaelis , anno edwardi tertii . at this day for that sundry of the lords were not come , in the presence of the king and lords , the parliament was adjourned unto another day . at which day sir henry de green , the kings chief justice , in the presence of the king , lords , and commons , declared the causes of the parliament , ( viz. ) for redress of matters touching the church , for observation of the peace , for the affairs of scotland , and for the enhansing of the prices of wool. receivers of petitions for england , ireland , wales , and scotland . receivers of petitions for aquitain , and other forreign countries , and of the isles . tryers of petitions for england , &c. as above . tryers of petitions for aquitaine , &c. as above . the wednesday after the king made declaration how his ambassadors , and david le bruce of scotland had treated of peace . the lords made answer thereunto , that they durst not advise the king to leave a thing so hurtfull unto the crown , for any offer of peace . the lords being required to speak what they thought of the repair of merchants to callis , thought it good to have the same done . but the commons referred their answer untill conference with the merchants . petitions of the commons , with their answers . the print for the observation of all statutes not repealed , cap. . agreeth with the record . the print touching purveyors , or buyers , cap. . , , , . agreeth with the record ; only there is left out of the print , a pain on the steward , treasurer , comptroller , and other officers of the houshold at the kings will , for not executing of the statute . it is enacted , that the kings carriages shall be made in as easie manner as may be , and that in the summer , and other times convenient , as in august . that the ingrossing of wines in london , and other port towns , may be enquired by forreign inquests . the statute made therefore shall be observed . that such as are imprisoned without due process of law may be delivered . the grieved upon complaint shall be heard . that mainprize may be duly made to all persons , and fines to be duely rated according to the trespass . the statute therefore made shall be observed . that wools , and other merchandizes , be weighed according to the late statute . the print touching the wages of priests , cap. . agreeth with the record . the print touching the punishment of offendors of any of the articles aforesaid , cap. . agreeth with the record . the print touching the yearly holding of a parliament , cap. . agreeth with the record . the print touching the pardon of the subsidie of wool , cap. . agreeth with the record . that more plenty of gold and silver may be had . the king will do the same by advice . the pr●nt for the session of the peace , cap. . agreeth with the record . that the justices of peace may have reasonable fees , and that they may enquire as well within liberties as without . the king will take order therein . that no man be impeached of any debt in the exchequer , after payment made and his tallie had out . the chancellor , treasurer , and others shall take order therein . that private petitions now exhibited , wherein the lords endorse coram rege , may be answered by the king before this parliament be ended . the king granteth thereunto . the pardon cap. unico agreeth with the record . the print touching waste done by the escheators , agreeth with the record . the print touching fines of labourers , cap. . agreeth with the record , but not fully ; which note . the thirteenth day of november , being the last day of the parliament , after the petitions answered , the lords and commons granted to the king for three years the subsidy of woolls , wooll-sells , and skins . after this , the chancellor declared how that the king intended to advance to honor such of his sons as were of full age : namely , that his son lionel then being in ireland , should have the name of the duke of clarence , to him and to his heirs males of his body lawfully begotten ; and that his son iohn should in like manner be duke of lancaster , and that his son edmond should be earl of cambridge in fee. after which , the king in full parliament did girt his son iohn with a sword , and set on his head a cap of fur , and upon the same a circlet of gold and pearls , and named him duke of lancaster , and thereof gave to him a charter . in like manner the king girded his son edmond with a sword , and named him earl of cambridge , and thereof gave to him a charter . the print touching pleading in the english tongue , cap. . agreeth with the record : only where the print is , that all such pleas should be enrolled in latine , the record doth nothing warrant the same . the print touching such actions whereof the mayor and constables of the staple shall have cognisance , cap. . agreeth with the record . anno tricesimo septimo edwardi tertii . rex &c. carissimo filio suo johanni duci lancastriae , &c. apud westmonasterium , in octabis sancti michaelis . teste rege apud westmonast . primo die junii . edmondo com. cantabrigiae . ricardo com. arundel . humfrido de bohun com. hereff . & essex . willielmo de monteacuto com. sarum . hugoni de courtney com. devon . roberto de ufford com. suff. rado de stafford . thomae de vere com. oxoniae gilberto humfravil com. de anegos . henrico de piercie . rado de nevill . johanni de mowbray de axholm . henrico de bello campo . johanni de audley de heligh . johanni de charleton de poys . waltero de manney . mauritio de berkley . rogero de clifford . guidoni de bryan . rado de basset . johanni bardolf de wirmsley . willielmo deynecourt . johanni talbott . thomae de roos . thomae de furnival . petro de malo lacu . johanni grey de codenore . reginaldo grey de ruthine . thomae de lucie . willielmo de say. nicho. de poynings . barthol . de burgherst . gilberto talbot . roberto de colvill . thomae de ughtred . johanni de willoughbie . thomae de musgrave . rogero de la warr. nicho. burnell . johanni de huntingfield . johanni de kirton . ranulpho de dacre . johanni de widhurst . johanni northwood . roberto de holland . willielmo la zouch . rogero de bello campo . johanni de strivelin . johanni de mohun de dunster . roberto de herle custodi quinque portuum . anno tricesimo septimo edwardi tertii . the parliament holden at westminster , the friday in the octaves of s. michael , in the . year of edward the third . for that sundry of both houses were not the same day come , sir henry green the kings chief justice , in the presence of the king , lords and commons , continued the parliament until friday ensuing . on friday , the bishop of ely then chancellor , in the presence of the lords and commons , made declaration of the calling of the same parliament , viz. for that the king being desirous to know the grief of his subjects , and namely of outrages done against the liberties of the church , and for redressing enormities by exhibiting petitions . receivers of petitions for england , ireland , wales , and scotland . receivers of petitions for aquitain , and other forein places , and the isles . tryers of petitions for england , as above . tryers of petitions for aquitain , as above . on wednesday after , commandment was given , that no man should transport woollen clothes , butter , cheese , sheep , malt , or beer : but that the merchants of almain might carry worsteds and streight clothes ; and that the merchants of gascoin might carry woollen clothes , to the value of the wines brought in . petitions of the commons , with their answers . they give the king most humble thanks for his great goodness to them shewed , and uttered by his own mouth in the last parliament . they pray , that the king will require the archbishop and all other of the clergy to pray for his estate , for the peace and good government of the land , and for the continuance of the kings good will towards the commons . the same prayeth the king. the print for the confirmation of all statutes not repealed , cap. . agreeth with the record . that the ordinance for the custom of wools made at the first parliament , may continue . they cannot be remedied without great deliberation . that the silver-coin may remain within the realm , and that gold be paid to merchants for wares . with opportunity the same shall be done . that no more then one penny be taken for the exchange of a noble . it cannot conveniently be done . that the coyners do coyn the half of silver into half-pence and farthings , for the use of the poor . the same is so appointed . that remedy may be had against merchants , hostlers , regrators , forestallers of wates , fish , wine , and corn. the ordinance for fish sold at blackney , shall be kept : for the execution whereof , william of wickingham and iohn de barry are appointed . and order to be made against merchants for carrying forth of corn , meal , and such other victuals . a proclamation hath been , and now newly is made to the contrary . a remedy to be found against wears , and such other engines on rivers , to the annoyance of boats. the statute therefore made shall be kept . that nisi prius may be taken in every plea in what court soever , where the king is party ; and that if the kings attorney do not persue a venire facias for the jury , that then the justices may grant the same . upon complaint shewed , the chancellor or keeper of the privy-seal shall take order . that the commons house may choose justices of peace for every county ; and that they be not displaced for any surmises . that the commons house name able men , and the king will choose at his pleasure . the print touching writs of identitate nominis , cap. . agreeth with the record , until the record hath name and addition , which the print wanteth . the print touching the price of poultry , agreeth with the record . the print touching the remembrance of the exchequer , cap. . agreeth with the record . the print touching grocers , cap. . agreeth with the record ; only the print wanteth this word , uti . the print touching artificers , cap. . agreeth with the record . the print touching the decent apparelling of every estate , cap. . , , , , . agreeth with the record . that such persons as in the time of the great pestilence did let forth their manors holden of the king in chief without licence , to sundry persons for term of life , may accordingly continue the same until the people be more populous . the king will be advised . the print touching wines , cap. . agreeth with the record ; only where the print hath couchers , the record hath english courchers ; which note . that such as bring in any wines from any of the kings dominions , do bring testimonial under chief officers hands of the prices of the same ; so as the justice of the peace at their arrivall may set the assize of the same . the statute therefore shall stand . the print touching exception of villenage cap. . agreeth with the record . the print touching suggestions cap. . agreeth with the record . the parliament continued on diverse prorogations until the third of november , at which day the chancellor in the presence of the king , lords , and commons shewed , how the king meant to execute the statute of apparel , and therefore charged every estate to further the same ; after which he demanded of the whole estates , whether they would have such things as they agreed on to be by way of ordinance , or of statute ? who answered , by way of ordinance for that they might amend the same at their pleasure , and so the same was : and so the king having given thanks to all the estates for their pains taken , licenced them to depart . it is to be remembred that of the seven chapters in print touching silver vessels , and of the nineteenth for finding of hawks , there is no mention made in the record . anno tricesimo octavo edwardi tertii . rex &c. carissimo ●ilio suo johanni duci lancastriae &c. apud westmonasterium , in octabis sancti hilarii &c. teste rege apud westmonasterium , die decembris , &c. edmondo com. cantabrigiae . ricardo com. arundel . humfrido de bohun , com. hereff. & essex . willielmo de monte acuto , com. sarum . hugo . de courtney , com. devon. roberto de ufford com. suff. rado . com. staff. thomae de vere com. oxon. gilberto de umfravil , com. de anegos . henrico de piercie . rado . de nevill . johanni de mowbray de auxholm . henrico de bello campo . jacobo de audley de heleigh . johanni de cherleton de powys . waltero de manny . mauritio de berkley . rogero de clifford . guidoni de briae . rado de basset . edwardo le dispencer . johanni de grey de rotherfield . johanni tibetot . thomae de roos . thomae de furnivall . petro de malo lacu . johanni de grey de codenore . reginaldo grey de ruthin . thomae de lucie . willielmo de say● michaeli poynings . barthol . de burgherst . gilberto talbot . roberto de colvill . thomae de ughtred . johanni de willoughby . thomae de musgrave . willielmo de ufford . nicholao burnell . johanni de huntingfield . willielmo de scales . ranulpho dacre . johanni de northwood . roberto de holland . willielmo la zouch . rogero de bello campo . johanni de strivelin . johanni de bohun de dunster . willielmo de morley . rado . spigurnell , custodi quinq . portuum . anno tricesimo octavo edwardi tertii . the parliament holden at westminster , in the octaves of s. hillary , in the xxxviii . year of edward the third . on monday the first day of the parliament , proclamation was made in westminster hall , that all such as were summoned to the parliament might for that day depart , and return the next morning into the chamber de pinct there to hear the kings pleasure . at which time simon bishop of ely , chancellor of england , declared the cause of the parliament , taking for his theam the saying of the kingly prophet , vera justitia , and faithful judgement do adorn the kings seat ; upon which he discourseth of such noble prowesse , as the king by gods power atchieved in his youth , and maketh rehearsal of the assured good will , and ready helps of the kings subjects to have furthered the same , by the which as the king gave unto them hearty thanks , so did he promise by all means to seek the common peace , and tranquillity by the observation of all good laws , and by the amending of such of them as were faulty , and by making new where need did require . receivers of petitions for england , ireland , wales , and scotland . receivers of petitions for aquitane , and other forreign countries , and isles . tryers of petitions for england , as above . tryers of petitions for aquitane , as above . the same day the king declared to the whole estate , how daily citations and false suggestions were made to the pope , for matters determinable in his court within the realm , and for procuring provision for ecclesiastical dignities , to the great defacing of the ancient laws , to the spoiling of his crown , to the daily conveying away of the treasure , to the wasting of ecclesiastical livings , to the withdrawing of divine service , alms , hospitality , and other acceptable works , and to the daily encrease of all mischiefs ; wherefore no person &c. and by his own mouth the king requireth , according to the old statute heretofore , to provide due remedie . on saturday after , the bishops , lords and commons brought into the parliament the act following , named in the statute of confirmation , ann. . as a saving of the liberties of the bodies of prelates , and lords of the realm . the act of provisors agreeth with the print in all manner , cap. , , , . only in the record are more biting words . a mystery not to be known of all men . that no victuals , or corn be carried from the north marches into scotland , nor that any protection , or pass-port be granted to any scot to pass through the realm . the king will provide therefore . that the fines of the chancery may be as they were at the coronation of the king. the king would them to be reasonable for the case of the people . the print for the staple to be kept in england , cap. . agreeth with the record . that three shillings four pence layed upon every sack of wool at callis , and all other unreasonable impositions may cease . the king would all unreasonable impositions to cease . the print that the whole ship shall be forfeited for a trifle therein not customed , cap. . agreeth with the record . the print for bringing in of wine out of gascoin , cap. . and . agreeth with the record . the print for such as shall not prove their suggestions , cap. . agreeth with the record . the print touching the corrupt taking of jurors , embracers , and maintainers , cap. . agreeth with the record . it is agreed , that one staple shall be at new melcomb , and another at ipswich , and that all merchants , and others for their ease may ship wools at lewes , where the customers of chichester shall take the custome , and the customers at yarmouth do the like for lynne . the seventeenth day of february after that the king in the presence of the lords and commons had given his assent to all the abovesaid premises , he gave thanks to the whole estate , and so licensed them to take their ease . anno quadragesimo edwardi tertii . the parliament holden at westminster , the monday next after the invention of the cross in anno quadragesimo edwardi tertii . the bishop of ely then chancellor in the chamber de pinct . in the presence of the lords and commons declared the cause of the parliament in effect following . first , how the king had sent the prince his eldest son to govern the country of gascoin , and how he had sent the duke of clarence his son into ireland to stay the same , and how that his chief care was now in what wise he might best govern the realm of england . receivers of petitions for england , ireland , wales , and scotland . receivers of petitions for aquitane , and other forreign places and isles . tryers of petitions for england , as above . tryers of petitions for aquitane , as above . the next day after the chancellor in the presence of the lords and commons , declared how the day before they generally understood the cause of the same assembly , and now they should more especially ; viz. how the king understood that the pope , for the hom●ge that king iohn did to the see of rome , for the realm of england and ireland , and for the tribute by him granted , meant by process to cite the king to rome , to answer thereto : wherein the king required their advice , what was best for him to doe , if any such thing were attempted . the bishops by themselves , required respite of an answer untill the next day , so did the lords and commons , every one of them by themselves . the same next day the whole estate came together , and by common consent enacted in effect following ; viz. forasmuch as neither king iohn , nor any other king , could bring his realm and kingdom in such thraldom and subjection , but by common assent of parliament , the which was not done : and therefore that which he did was against his oath at his coronation , besides many other causes . if therefore the pope should attempt any thing against the king by process , or other matters in deed , that the king with all his subjects should with all their force and power resist the same . at this present day the universities of oxford and cambridge , and fryers of the four orders mendicants in the said universities , made long complaint one against the other to the king in parliament , and in the end submitted themselves to the kings order . after which the lords upon full digesting t●e whole mat●er by assent of parliament , took order , that as well the chancellor and schollers , as the the ●riars of those orders in the said universities , should in all graces and other school-exercises use each other in friendly wise , without any rumor as before . and that none of those orders should receive any scholar into their said orders , being under the age of eighteen years . that the friars should take no advantage , nor procure any bull or any other process from rome against the said universities , or proceed therein . that the king have power to redress all controversies between them from henceforth , and the offenders to be punished at the pleasure of the king and of his council . the parliament continued until monday the . of may : the chancellor then declared , how the king had married the lady isabel his daughter to the lord cowcy , who had fair living in england and elswhere ; and that it were for the honor of the king to create him an earl , which all the lords thought good ; but for that the king was not determined of what name , there was no more therein done . at this time sir thomas ludlow , chief baron of the exchequer , shewed to the whole estate , how william the son and heir of william stevens , who held diversly of the king in chief , as of the crown , had by writ of aetate probanda sued out livery out of the kings hands whereas the said william the son for long time should be within age , as by a long schedule may appear . whereupon the whole estate , upon sight of the said william the son , adjudged him to be within age ; and therefore took order , that all his hereditaments so sued out of the kings hands should be eftsoons reseised into the kings hands untill his full age ; and that all obligations , charters , statutes , recognisances , and all other writings made by the said william the son should be void . note , the judgment is strange . this done , the king gave thanks to the whole estates , and licensed every one to depart , and so the parliament ended . anno quadragesimo secundo edwardi tertii . rex primogenito suo edwardo principi aquitaniae & walliae , &c. apud westmonasterium primo die maii. teste rege apud westmonasterium , die februarii , &c. johanni duci lancastriae . edmondo com. cantabrigiae . ricardo com. arundel . willielmo de monte acuto , com. sarum . hugoni courtney com. devon. roberto de ufford com. suff. ricardo com. staff. thomae vere com. oxoniae . gilberto de humfravil com. de anegos . davido strabolgi com. athil . thomae de bello campo , com. warr. henrico piercie . johanni de nevil de rabie . johanni cherlton de powis . waltero de manny . willielmo latimer . rogero de clifford . guidoni de brian . rado basset de drayton . johanni de grey de rotherfield . petro de malo lacu . johanni grey de codonore . reginaldo grey de ruthin . willielmo de say. michaeli de poynings . barthol . de bourcheir . gilberto talbot . johanni de willoughby . michaeli de la poole . thomae de musgrave . johanni de huntingfield . roberto de scales . ranulpho de dacre . johanni de northwood . roberto de holland . willielmo la zouch de harringworth . willielmo de ferrariis . rogero de bello campo . johanni mohun de dunstre . williemo de morley . johanni buttort . willielmo de furnival . johanni cobham de kent . willielmo botelers de wenne . johanni de clinton . lucy de poynings . willielmo de bortreaux . rad. spinard , custod . quing . port. anno quadragessimo secundo edwardi tertii . the parliament holden at westminster the monday the first day of may in the year of the reign of king edward the third . at this day , for that sundry of the lords and commons were not come , the arch-bishop of canterbury declared to the lords , and commons then assembled in the chamber de pinct , that the kings pleasure was that the parliament should be continued until the thursday ensuing . on the said thursday , the said arch-bishop in the presence of the king , lords , and commons declared that the king yeelded to god his most hearty thanks , for giving him victory over his enemies , for the quiet government of his realm , and for the great loyalty of his subjects both in body and goods , the which blessing , and good estate , as he decreed to continue , and amend ; so that he might the better accomplish the same , he had therefore called the parliament . receivers of petitions for england , ireland , wales and scotland . receivers of petitions for gascoyn , and other forein places and isles . tryers of petitions for england , &c. as above . tryers of petitions for gascoyne , &c. as above . the next day the same arch-bishop declared , that of the long treaty between the kings councel , and david le bruce of scotland , this was the last offer of the said david , viz. that he offered peace , so as he might freely enjoy to him in fee the whole realm of scotland , without any subjection , or any other thing , which m●ght be accounted a perpetual charge ; of which peace the lords and commons being willed to give their advice , made several answers , that they could not assent to any such peace , but to the disherison of the king , and of his crown , and to the great danger of themselves , being sworn to the same . after that the said arch-bishop on the kings behalf gave to the whole estates thanks for their aids and subsidies granted to the king , and shewed further the great need of the same . whereupon the lords and commons granted to the king for two years the subsidy of wooll , viz. of every sack of wooll s. d. so much of every ● fells , and of every last of skins l. over the old custom s. d of every sack of wooll , and so much of twenty dozen of fells , and s. d. of every last of skins . petitions of the commons with their answers . the print touching the keeping of the great charter , cap. . agreeth with the record , onely the print wanteth ( and all other statutes . ) the print of pardons agreeth with the record . the print that none be put to answer without due process of law , cap. . agreeth with the record . the print touching commissions , cap. . agreeth with the record . the print touching escheators , cap. . agreeth with the record in effect , but not in form , quod nota . the print touching labourers , cap. . agreeth with the record . the print touching victualls in london , cap. . agreeth with the record . note that the londoners required that no forainer should retail any wine , merchandize , or victualls in london , which was not granted . the print touching the restraint of english merchants to fetch gascoyne wine , cap. . agreeth with the record . the print touching green wax out of the exchequer , cap. . agreeth with the record . the print touching such as be born at callice , cap. . agreeth with the record . the . of may , the king gave thanks to the lords and commons for their coming , and aide granted , on which day all the lords , and sundry of the commons dined with the king : after which dinner , sir iohn de lee , was brought before the king , lords and commons next aforesaid , to answer to certain objections following , and first to the complaint of william latimer , as followeth . the king had granted the wardship of robert latimer , the son and heir of sir robert latimer , with certain mannors during the same minority , to the bishop of sarum , whose estate the same william had , and after the king granted the same to sir iohn lee. the same william surmised , that the said sir iohn being of power sent for him to london , where he by duress of imprisonment enforced the said william to surrender his estate to him . and by recognizance therefore , the same sir iohn excuseth himself , for that the grant was made unto him , the which was not allowed , for that the said vvilliam was not put out by due process of law. another matter was objected against the said sir iohn , for that during such time as he was steward of the kings house , he should cause sundry men to be attached , and to come before him , as before the kings councel in places where he pleased , where being out of councel , he caused men to answer as to things before the councel . that he as steward , having thereby authority onely within the verge did notwithstanding cause sundry to be attached out of the verge , as iohn goddard and others , making them to answer in the marshals●y , of things done out of the verge , and other-some committed to the tower of his own authority , as iohn sibill , edmond urdsales , and others . that he had of his own authority , against the justices commandment , discharged out of newgate hugh lavenham purveyor , who had appealed sundry men of felony . that he bargained with sir nicholas lovayn , for the keeping of the mannor of rainham in kent , the which the same sir nicholas claimed to hold during the minority of the son and heir of iohn saunton , where the said iohn of lee knew that the said mannor was holden of the king in chief , as of the castle of dover . of all which points , for that the same sir iohn could not purge himself , he was commanded to the tower of london , there to remain as prisoner until he had made fines at the kings will ; and commandment given to sir allen of buxhal constable of the tower to keep him accordingly . and so the lords and commons departed . after that , the said sir iohn being brought to westminster before the kings councel , and being there demanded of the same william lattimer , made answer , that as freely as the king had granted to him the wardship aforesaid , so freely did he surrender the same into the kings hands ; whereupon by the same councel it was ordered , that the wardship aforesaid , should be reseised into the kings hands , and delivered unto the said william lattimer according to the grant made to the said bishop , and that all recognizances , and conveyances made by the said william to the said sir iohn should be void , saving the kings right . anno quadragessimo tertio edwardi tertii . the parliament holden at westminster , in the octaves of st. trinity , in the . year of edward the third . the bishop of winchester , chancellor of england , the same day in the chamber de pinct in the presence of the king , lords and commons , declared the causes of the parliament , in effect following . viz. how the king in his weighty affairs had always used their counsel and assent ; and lastly , in taking the last peace with the french on conditions following , viz. that the french by a day should render to the king certain countries beyond the seas . that the same french should by a day pay unto the king certain sums of money , and that he should not resort to gascoyne , or to any of the parts there , and that the king in consideration thereof should for the same time leave the stile of france , which he had done . he further sheweth , how the french had made no delivery of the countries nor money . how further they had summoned the earl of erminake , and the lord de la brett , and others being of the kings alliance to answer to certain appeals at paris . and how the prince of gascoyne also , being of the kings alliance , was also summoned there to appear . how also the french had sent certain garrisons of men into gascoyne , and ponhoy , where ther had surprised certain of the kings castles and forts . and finally , how the prince of gascoyne upon consultation with his nobles and wise men had willed the king to write and use the stile of france . the chancellor therefore willed the whole estates upon good advice to give their councel therein . receivers of petitions for england , ireland , wales , and scotland . receivers of petitions for guyenne , and other places , and isles . tryers of petitions for england , &c. as above . tryers of petitions for guyenne , &c. as above . on wednesday after the bishops , lords , and commons answered the king , that with good conscience he might use the stile and name of france , and thereto they give their assent . whereupon the king took the same stile and name upon him , and the eleventh day of iune the kings great seal was safely laid up , and another seal engraven with the stile of france , was taken and used ; and sundry pattents , charters , and writs therewith sealed ; and the same day were all other the kings seals in like sort changed . upon declaration of the kings great necessity , the lords and commons granted to the king for three years , of denizens for every sack of wooll forty three shillings four pence , of every twenty dozen of fells , forty three shillings four pence , and of every last of skins four pounds . of aliens for every sack of wooll , fifty three shillings four pence ; of every twenty dozen of fells , fifty three shillings four pence ; and of every last of skins five pounds six shillings eight pence , over the old custom . petitions of the commons with their answers . it is agreed , that all the kings forts and fortresses shall be surveyed and edified . it is agreed that remedy may be had against religious aliens for discovering the councel of the realm . that remedy may be had against the excessive selling of armors , and horse-coursers . the king will appoint the officers of every town to provide therefore . it is agreed that no man be punished contrary to the statute . such commissions as were to enquire of scottish labourers within the realm were repealed . that the time of prescription may be from the coronation of edward the first . the old law shall stand . that silva cedua may especially be declared . the statute shall be observed . the print touching the pardon of the forrest matters , cap. . agreeth with the record . that sheriffs be no further charged then they shall receive . the party grieved upon complaint , shall have remedy . that the indicted upon any trespass or felony , may upon issue joyned have a nisi prius against the king. so the same concerneth treason , the chancellor , or keeper of the privy seal shall therein do right . that such as dwell upon the sea coasts may set up poles , or other instruments , whereby men may know the increase or decrease of the sea. in time of war the same may be to less harm , and after taken away . that the acquittance of the co-executors refusing administration may be void . the law shall be used as heretofore . the print , cap. . touching the repeal of the statute made in the last parliament , tit . . doth not agree with the record . the print touching the staple to be in england , cap. . far swarveth in form from the record , quod nota . the next day being the tenth of iune , the king gave thanks to the lords and commons for their great travels and aide ; and in some sort of recompence promised to all such as should pass with him against the french , that they should enjoy and bear all such towns , castles , and possessions , persons , names , armes , and honours , as they should obtain , get or take of the french to them in fee ; except to the king all royalties and the lands of the church , and that every person of his own conquest and prowess should have charters . it is agreed that all religious aliens lands should be seised into to the kings hands , and let to farm to the soveraigns of the same . the king also commanded , that all the bishops should not onely muster their own servants and tenants , but also all parsons , vicars , and other religious persons of the clergy , so as they should be ready to resist the enemy . and so the parliament was dissolved . anno quadragesimo quinto edwardi tertii . the parliament holden at westminster , the monday in the first week of lent , in the . year of king edward the third . the same day in the chamber de pinct , the bishop of winchester , then chancellor , in the presence of the king , lords and commons declared , how the king since the last parliament had defraid a great mass of mony , and had sent over a great army of men for the conquest and recovery of his own , and how the king was lately ascertained of the power which the french had prepared to drive the king from his hereditaments beyond the seas , of their great navy : and further , how he meant to subject the whole realm of england , wherein he willed the whole estates to give their counsel . receivers of petitions for england , ireland , wales and scotland . receivers of petitions for guien , and other foreign places and isles . tryers of petitions for england , &c. as above . tryers of petitions for guien &c. as above . the lords and commons grant unto the king a subsidy of fifty thousand pounds , to be levied of every parish within the realm , twenty two shillings four pence ; so as every parish of greater value , should according to his rate contribute to the parish of less value , and that by indenture . it is agreed that a staple shall be kept in melcombe . sir robert thorp the chancellor declared , that forasmuch as easter approached , their petitions could not be answered , but after the same feast the king would appoint certain to answer them . after this the king gave thanks to the lords and commons for their travel and aid , and licensed them to depart . and after the great councel summoned and holden at winchester at the utaves of trinity th●n ensuing , the chancellor declared to the lords and commons there assembled , how that their grant of twenty two shillings four pence of every parish , would not amount to fifty thousand pounds , for that by the return into the chancery , there were not so many parishes within the realm . whereupon the lords and commons for the accomplishment of the aforesaid sum granted to the king of every parish church assessed within the realm , five pounds ten shillings , comprising therein the aforesaid sum of twenty two shillings four pence , excepting the county of chester , and all such lands of the church as were amortized before the twen●ieth year of edward the first . the form of the commission for this subsidy was read before the king , and the collectors and commissioners were appointed by the knights of the counties . after this the petitions of the commons not before answered were now read , and answered before the king , lords and commons , which done , the king licensed the estates to depart , and the parliament ended . petitions of the commons , with their answers . the print touching the observation of the great charter , cap. . agreeth with the record . for that the realm had been of long time governed by men of the church in dishereson of the crown , the lords and commons required that lay men onely may be principal officers of the kings courts and house there particularly named , and that none of the clergy be ; saving to the king his free election to choose , and remove such officers , so as they be lay. the king will therein do by the advice of his councel . it is agreed that every petition now exhibited may be by some of the lords considered . that all lands holden of the king in chief may be letten for life without licence . the king will do his pleasure . the print for the pulling down of mills , cap. . agreeth not fully with the record . that there be no fines for any writs of the chancery . the chancellor shall consider the state of the person . that no purveyance be made for the king , but for ready money , and that the king be served by common measure . the statute made shall be observed . that no eyre , or treilbaston be holden during the wars . it is enacted . it is enacted , that all men may freely buy and sell corn , and victuals within the realm . the print for the wooll sold , cap. . agreeth with the record in effect but not in form , ( quod nota . ) that in the extracts of green wax may mention be made at whose suits such amerciaments were lost , in what term , in what plea , and between what parties . let the same be provided at the next parliament . the like motion and answer as at the last parliament , num. . that the birth of any man , to be tried by men as well of the country where the birth is alleadged , as in the same county where the writ is brought . the law used herein shall stand . that no mayor , bayliff , or any sergeants , be victualler , hostler or taverner , during their offices , on pain of . l. there is in this case a certain law. that the easterlings may find surety to entreat the english merchants in their countries , in such wife as they are here the same so hath and shall be done , as need shall require . that all merchants may pass over wooll ●r●●ly . the king will be advised . that such statutes as restrain the english merchants to fetch wine at goscoyne , may be utterly repealed . the statutes heretofore made shall stand . that all corporations may enjoy their liberties , any statute to the contrary notwithstanding . such as be grieved upon complaint shall be answered . they affirm the decay of the navy to arise by three causes , viz. first , for that sundry mens ships are staid for the king long before they serve , whereby the owners are driven at their charges to finde their marriners to their undoing . secondly , for that merchants , the nourishers of the navy , are often restrained their shipping , whereby mariners are driven to seek other trades and livings . thirdly , for that the masters of the kings ships do take up masters of other ships as good as themselves are , whereby the most of these ships do lye still , and the marriners are enforced to seek new livings , whereof they pray remedy . the king will provide remedy . that all such merchants as plead the kings pardon for their goods not customed , may have the same allowed . the grieved upon complaint shall be heard . that every man may freely make fortresses , towns , and walls karnelled and embattelled . the king will be advised . that such as sue forth assizes be not driven to pay for the justices patent . the same shall be as it hath been . that the commissioners for the kings affairs may be allowed their charges of the profit of their sessions . the king will provide therefore . that in villenage alledged in the plaintiff as regardant to the mannor , the visne may be where the mannor is laid . the king will be advised . that no man be put from his possession by an inquest of office taken before the escheator or other justice by commission , until the right be tried by scire facias . the statute made therefore shall stand . that no sheriff or escheator do remain above one year , and they may dispend l. within their own county . the statute made shall be kept . that the boys or varlets of france being here , shall be used either as servants , or as bond-men . let them stay untill the next parliament . that the statutes whereby justices shall not stay to do justice for the great or privy seal , or other commandment , and that no man be put to answer , but by the due order of law may be kept . such as are grieved shall be heard . the print touching impositions on woolls , cap. . agreeth with the record . that none of the commons house be appointed for the subsidy . the king will be advised . that such as remain upon the sea-coasts , by the kings commandment , may have protections , with the clause volumus . the same is to the apparent loss of the commons . that such as counterfeit any mans seal to any deed remain in perpetual prison . the statutes mad etherefore shall stand . that all scottish money be brought into the kings exchequer by a day . the answer cannot be read . that the statutes of the priests by assent of the clergy may be observed . the answer as next above cannot be read . anno quadragesimo septimo edwardi tertii . rex &c. ricardo com. arundel , &c. apud westmonasterium , crastino trinitatis edmundi regis proximo futuro , &c. teste rege apud westmonast . . octobris . hugoni de courtney com. devon. edwardo de mortuo mari com. marchiae . charissimo filio nostro com. canterbr . willielmo de monteacuto com. sarum . gilberto humfravil com. de anegos . johanni de charlton de powys . willielmo de latymer . guidoni de brian . gilberto talbot . johanni de clinton . willielmo de botreaux . johanni de war. hen●ico de scroope . warrinae de insula . rogero de bello campo . johanni de monteacuto . rogero de strange de blackmers . nicholao burnel . johanni gray de codenore . reginaldo grey de ruthin . johanni grey de rotherfield . ricardo de staffort . johanni de cobham de kent . willielmo de furnival . willielmo de say. willielmo de huntingfield . johanni de northwood . johanni mohun . de dunster . willielmo la zouch de harringworth . rogero strange de knokyn . johanni buttort . lucy de ponings . jacobo de audley de helighe . almarico de sancto amando . radolph . de dacre . rogero de clifford . petro de malo lacu . et thomae de musgrave . willielmo de lattymer custodi quinque portuum . anno quadragesimo septimo edwardi tertii . the parliament holden at westminster , the next day after st. edmond the king , in the , year of edward the third . the same day proclamation was made in vvestminster-hall , that all such as were summoned to the parliament might depart , and be there the next morning in the painted chamber to hear the causes of the parliament . the same next day , sir iohn knyvet , being chancellor , before the king , lords , and commons declared , how for the peace broken by the french , the king to resist the same his adversary , and for the obtaining of his right , had sent over great armies of men ; and lately his son the king of castile and arragon , and duke of lancaster had atchieved many great exploits to the overthrow o● his enemies , and nobly acquitted himself . how the king further had set forth a royal navy of ships ; to all which charges , albeit the subjects to their pains contributed , yet was the same far more infinite charge to the prince . remembring then that such nobles and others as hazarded their lives for the whole realms defence , ought speedily to be refreshed with fresh succours , and aid , and the rather , for that the enemy did never make himself by sea and land . therefore the king willed them throughly to weigh those matters , and for that the season of war began to wear away , it required more speedy answer ; they were willed therefore then to depart , and to be there the next day . the next day certain of the commons came to the lords house , and required that certain of the lords there named would vouchsafe to confer with the commons ; whereupon they went presently into the chamberlains chamber to treat with the commons . on thursday in the week of st. andrew , the lords and commons upon consultation in aid of the wars granted to the king , as is contained written in a schedule indented without any seals thereunto annexed , the copy whereof is under-written , the which being given to the king was read before him , and the commons require answer to their petitions , which was promised . after that the chancellor on the kings behalf gave unto the whole estates great thanks , and it was willed that such of the commons as would wait on their petitions might so do , and that the rest that would might depart ; and so the parliament ended . receivers of petitions for england , ireland , wales , and scotland . receivers of petitions for gascoyne and other countries beyond the seas , and of the isles . tryers of petitions for england , &c. as above . tryers of petitions for gascoyne , &c. as above . the effect of the schedule aforesaid , and of the copy of the same . the lords and commons grant to the king two fifteens to be paid in two years , of every twenty shillings of merchandize coming into the realm or going out six p●nce , for two years , except of woolls , skines , and wooll-fells . and also the subsidy of woolls for two years , upon condition that if the wars do cease within two years , then the latter payments of all their grants to cease . they pray that these grants may be imploied upon the wars : they pray that every shire may have their commissions without any thing paying . they further pray , that none of the commons house be appointed to be a collector for any of these grants . vide subsidy , e. . tit . . petitions of the commons with their answers . that the great charter , and the charter of the forrest be kept . it pleaseth the king. that right to every mans petition now exhibited may be ministred . let that be eschewed which toucheth any private person . the print touching the assizes of broad cloathes , cap. . agreeth with the record . that the city of london , and all other cities , and towns may enjoy all their liberties , any statute notwithstanding . let them particularly shew the breach of any liberty , and they shall be answered . that the staple may onely be kept at callice , and no patent and grant to be made to the contrary . the king will appoint the staple as by the councel he shall think best . the print touching scottish silver coyn , cap. . agreeth with the record . that any having a protection for serving in the wars , and do thereof fail by one moneth to the deceit of the kings people , such protection to be void . let the grieved come into the chancery , and he shall have remedy . certain counties there named do pray , that for the ease of their carriage of wools , that a staple might be at lyn. the king granteth thereunto , so as the staple at yarmouth do continue . that for tythe of wood above twenty years groweth , may be enacted no tythe to be due , and that in all such cases a prohibition may be granted . such prohibitions shall be granted as heretofore hath been used . they require remedy against ordinaries , for that upon this term fidei lasio , they take upon them cognizance of debt , and to punish labourers for that they make sundry blanks , whereupon men by sudden citing are much hindred . for the first , the common law serveth . to the second , let the special matter be shewed , and it shall be heard . that the statute made whereby buyers for the kings houshold should pay readily , shall stand , and that no man be impeached for resisting them therein . the statute therefore provided shall be kept , and who will complain shall be heard . that all accomptants in exchequer shewing cause of discharge , may so be without delay , on pain of imprisonment for the officers . a statute is made therefore , and the grieved coming thither shall have right . that remedy may be had against the cyrographer for that he will not ingross any fine within the term , until the foot of the fine be fretted , unless he may have three shillings four pence , or ●our shillings more then his due fee of forty shillings . let the grieved come to the common pleas , and he shall have right . that the statute of labourers may be executed four times in the year , and that the justices may be removed for not doing their duty . the king granteth thereunto . that villenage may onely be tried where it is laid , and no where else . the king meaneth not to alter the law therein . that masters of ships may be paid the wages of them , and their marriners from the day of their being appointed to serve the king. that taking of ships shall not be but for necessity , and payment shall be reasonable , as heretofore . the masters of ships require allowance for the tackling of their ships worn by the kings service . such allowance hath not been heretofore made . they require remedy against the provisions of the pope , whereby he hath the first fruits of ecclesiastical dignities , the treasure of the realm , which being conveyed away , they cannot bear . the king hath honourable ambassadors at the court of rome touching these , before whose return he cannot well answer . the burgesses of bristoll require , that the same town with the suburbs of the same , may be a county of it self ; and that the perambulation of the bounds of the same returned into the chancery , with all the liberties and charters granted unto the same , may be confirmed by parliament . the king granteth that the charters , liberties , and perambulation mentioned before , be confirmed under the great seal . that no french prior alien be dwelling within twenty miles of the sea coast , for divers reasons there alleadged . the king by council will provide therefore . that remedy may be had against sheriffs as will take bail of such prisoners indicted in the toorn , as were before bailed by other sheriffs . there is a statute made therefore , whereby the grieved may have remedy . that remedy may be had that men be not called into the exchequer upon suggestion without process , contrary to the statute made in the of this king. let any man especially complain , and he shall find remedy . anno quinquagesimo edwardi tertii . the parliament holden at westminster , the monday next after the feast of st george , in the . year of king edward the third . the same day most of the lords and many of the commons were before the king in his own chamber ; where for that sundry of the lords and commons were not come , proclamation was made in the great hall at westminster , that all such as were summoned to the parliament should be there the next morning by eight of the clock . at which day sir iohn k●evit knight , chancellor of england , before the king , lords and commons , declared the causes of the parliament to be three . the first , to provide for the government of the realm . the second , for the defence of the same , as well beyond the seas as on this side ; as well by sea as by land. the third , how he might prosecute his quarrel by war against his enemies , and maintaining the same : affirming , that as the king had always in all his attempts followed their good counsel , so he meant herein to do no less . wherefore he willed them to go together , the lords by their selves , and the commons by their selves , and speedily to consult and give answer . receivers of petitions for england , ireland , wales and scotland . receivers of petitions for gascoyne , and other places beyond the seas , and of the isles . tryers of petitions for england , &c. as above . tryers of petitions for gascoyne , &c. as above . after that , the commons were willed to depart to their accustomed place being the chapter house of the abbot of westminster , whither they went ; whereupon certain lords and nobles were appointed to go and consult with the commons , who are there particularly named . the lords and commons do grant to the king the like subsidies of wooll , skins , and wool-fells , as were granted in the last parliament to endure three years from the feast of s. michael next ensuing , e. . tit . . an order devised by the commons that the king should have at least ten or twelve councellors , without whom no weighty matters should pass , and for smaller matters at least six or four of them ; whereunto the king granted , provided that the chancellor , treasurer , and keeper of the privy seal , should by their selves end all matters belonging to their offices , and that these councellors should take no rewards . that no other of the kings officers or ministers do take any reward for any matter touching their offices . that report of matters of council shall be made to the king by some one or two of the council appointed , and none others . that all ordinances made by the king and his council , shall be by all the kings officers executed . that the ordinances forbidding any man within london or elswhere to sell sweet wine by retail , are repealed ; and that every freeman may sell such wines in london by retail . so always , that the lord mayor have the disposing thereof , the price of the same . the commons afterwards in full parliament making protestation of their due allegiance to the king , declared , that if he had faithful councellors and officers , he could not but have passed all other princes in treasure , considering that the ransoms of the kings of erance and scotland were to him paid , besides the great subsidies here . and therefore they require , that falshoods and crafts of certain of the kings council , and other persons may be tryed and punished ; which would long maintain his wars , without any charge to the commons : and namely by trying of three points . first of such of the council as convey staple-ware and bullion to other places then to calice , for their own private turn . secondly of such as made shifts for money for the king deceitfully . thirdly of such as of covin between certain of the council and them bought of sundry the kings subjects debts due to the king to them , for the tenth or twentieth penny . richard lyons merchant of london was accused by the commons of divers deceits , extortions , and other misdemeanors , as well for the time that he repaired to certain of the kings council , as for the time that he was farmer of the kings subsidy and customs ; and namely obtaining licences to convey over great faizons of wooll and staple-ware , for procuring new impositions upon staple-ware , for devising the change of money , for making the king for one chevizance of twenty marks to pay thirty pounds ; for buying debts of divers men due to the king for small values , for taking special bribes to pay some the kings due debt by way of brokage . all which he should do by practising with some of the council . to some part of which articles the same richard answereth , and to the rest submitteth himself to the king touching body , lands and goods . whereupon the same richard is committed to prison at the kings will , and that all his lands , tenements and goods be seised to the kings use . and to the extortions done by him while he was farmer of the subsidies and customs , order was taken , that by commission throughout england it should be enquired of . also the same richard was disfranchised . william lord latimer was openly accused by the commons for divers oppressions by him done , as well while he served under the king in britain , as for the time he was chamberlain to the king and his councel , namely , for that he in brittain , and his officers had taken of the people there in victual and ransomes against the kings will to the sum of twenty four thousand pound , and at another time one hundred thousand pound estentes of gold , whereof was never answered to the king one penny . the particulars whereof do appear . the same lord latimer was also accused for victual sold in britain , to the value of ten thousand franks . the same lord latimer was also accused for the losse of the town , and fort of s. saviours in normandie , while he was captain there , and of the town of brotherel in brittain , and of other towns , and forts . the same lord was accused as a partaker of all the evils of richard lyons aforesaid particularly . whereunto the said lord latimer saving the tryall of his peers , offered to answer any particular persons , but that would not the commons do , but generally as is a●oresaid . whereupon the said lord answered every objection , and as it should seem very well avoided them in open parliament , notwithstanding there was the judgment of him in form following . for that the lord latimer is found in full parliament in default , by his singular councel and government against the profit of the king , and realm , and namely for divers chevisances to the kings losse , for grants procured to the destruction of the staple , and of the town of callis , and for divers impositions laid upon wools ; he was awarded in full parliament , by the bishops and lords , to be in prison , in the keeping of the marshall , and to make fine and ransom at the kings pleasure ; whereupon the commons required that he might lose all his offices , and no longer be of the kings councel , which the king granted . and the said lord latimer in parliament found certain lords and others , his mainprisors for the forth coming of his body , during the parliament , as by a schedule doth appear ; and by this mainprize the marshall of england so offered him to be at large . in the schedule are his mainprisors ( viz. ) one archbishop , three bishops , one prior of s. iohn , three earls , fifteen barons , and thirteen knights , all their degrees of best renown . william ellis of great yarmouth , was accused of sundry extortions by him done , while he was farmer of the kings petit customes there , and deputie to richard lyons , for the subsidie of sixpence in the pound granted to the king , as by the parliament it doth appear . to which accusation is seemeth that the said william ellis sufficiently answered ; notwithstanding judgment was , that he should be committed to prison , and make fine at the kings pleasure . iohn peach of london was accused for procuring a license under the great seal , that he only might sell sweet wine in london , and that by colour thereof , he took four shillings four pence of every man for every tun thereof sold , the which he justified , as lawfully he might ; notwithstanding judgment was given that he should be committed to prison at the kings will , besides recompence to all parties grieved . the lord iohn nevil was accused , that during the time that he was of the kings privy councel , he should buy certain debts due by the king ; namely , of the lady rav●nsham , and simon love , merchant , far under the value , and for receiving of the king more wages , and for a longer time for a hundred souldiers in brittain then was due . of the ladies own good will , for the obtaining her debt , he confesseth to have received ninety five pound , which was not disproved . of love he denied any such to be . love being thereupon brought into the parliament , wholly excuseth the same lord. but because love had the day before confessed the contrary before two knights of the house , he was committed to prison . to the receiving of wages , the same lord fully cleereth himself ; notwithstanding judgement of imprisonment , and losse of lands , and goods , and offices was given of him , as on others before , and that he should make restitution of the ninety five pounds to the executors of the said ladie . the king ordaineth that from thenceforth no woman should for maintenance pursue any matter in the kings courts , and namely , alice perrers , upon losse of all that they have , and banishment for ever out of the realm . an order that the prior of ecclefield , an alien should exhibit his bill of complaint against the lord latimer for the parsonage of ecclefield , which the said lord had wrongfully caused to be recovered against the said prior. for that adam de bury was accused of divers deceits , and wrongs done by him while he was major of callice , and captain of bellingham , as hereafter may appear ; and was sent for to come unto the parliament , and came not , nor yet could be found . it was agreed that all his goods and chattels should be arrested : and so they were . the bishop of norwich supposeth an erronious judgment to be given against him in the common place for the archdeaconry of norwich belonging to his presentation , and prayeth that those errors might be heard , and redress thereof ; whereunto answer was made , that errors by law in the common place , are to be corrected in the kings bench , and of the kings bench , in the parliament , and not otherwise . as well at the complaint of the men of leistock , as the pursuit of the commons , the grant late made by the king to the town of great yarmouth , that one place in the sea called kirklerode , annexed to the port of yarmouth , should be utterly repealed , saving all other their liberties . on wednesday the day after s. iohn , at the request of the commons came into the open parliament before the lords and commons , richard burdeaux , the son and heir of edward late prince of wales , and heir apparent to the realm , of whom after the archbishop of canterbury had spoken words of commendation , the commons with one voice prayed that the lords would make him prince of wales , as his father was , who said it laid not in them , but in the king only so to do , whom they promised therein to be mediators . for that the king was diseased at eltham , the lords and commons went thither , to have the premises before , and after confirmed , and answered . petitions of the commons , with their answers . that the great charter , and charter of the forrest , may be kept in all points . the king granteth thereunto . that the sheriffs in all their returns of any inquest , do return the most honest , and nighest neighbors ; and that in every weighty cause , the sheriff be sworne to view the pannel , before he return the same . the statute therefore made shall be executed , and withall adjoined to the oath of every undersheriff , that he in his own person shall survey the pannel before he return the same . a motion made , that all liberties granted to any mystery or occupation in any city or town , be revoked , and no more granted ; so as the mayor and bailiffs of every city and town may see things amended . that divers commissioners for extortions , or such like , granted heretofore to sundry of evil name , may be repealed , and no such granted hereafter but to lords and others of best reputation in their countries . the king granteth thereunto , and that no such commissions be hereafter made but to the justices , serjeants , and others learned in the law , and of best ability . for the saving of salmons , and other fryes of fish in the thames , almost destroyed by certain engines , as the king himself hath often found : that therefore all trinks between london and the sea may be overthrown ; and that no salmon be taken between gravesend and henley upon thames in the kipper-time , viz. between the invention of the cross , and the epiphany● and that no nets be laid in the thames , unless the same be of large mash of assize . the statutes therefore made shall be kept , and commissioners for the enquiry of the same . that the wears upon the river called braint in the county of middlesex , parcel of the river thames , may be taken away . the statutes therefore made shall be executed . that all lombards as be called brokers , and who only maintain usury , having brought into the realm besides the shameful sin which is not to be named , being also privy spies , may be remedied . the brokers of a strange country , is partly answered in the bill of london . many inconveniencies growing , for that strangers in every town being not free of the same , are yet suffered to buy and sell there ; it is therefore required , that cities and towns may have their liberties renewed and confirmed for reasonable fines , and that they may enjoy them , so as no stranger in any town being not free , may occupy there . such as have good charters or liberties , may shew them in the chancery , where they shall have right . that the protections cum clausula volumus , whereby many men are undone , and namely by one made to iacob iocanim a lombard , may be repealed , and no such hereafter granted . the examination of such had by the council , shall be repealed , if it need . that ribalds and sturdy beggers may be banished out of every town . touching ribalds , the statute of winchester , and the declaration of the same , with other statutes of robersdmen be executed : and for such as make themselves gentlemen , and men of arms , or archers , if they cannot so prove themselves , let them be driven to their occupation or service , or to the place from whence they came . the counties of lincoln , leicester , nottingham and derby prayen that the staple may be holden at lincoln , as it was at the first ordinance and not at s. botolphs . it shall continue at s. botolphs at the kings pleasure . for that divers men do live incontinently for saving their clergy , it is requisite that any man may have his clergy , albeit he marry two wives , or a widow . the king will be advised . that such bailiffs in fee being indicted before the justices of the forrest for ver● or venison , and thereon have their offices seised , and forfeited to the king , being not called to answer● , may have a writ out of the chancery upon the statute to be let to mainprise until the eyre , and to be restored to their offices according as hath been used . who is specially grieved may declare the same , and shall have remedy . that all such officers , and others of the kings council being convicted of deceit , and are displaced , may never be restored , that it be enacted . if the defaults being declared to the king and lords deserve such judgment , they will do as to them seems best . that remedy may be had against such aliens religious as sue in the court of rome for their pensions or livings . who is especially grieved may declare the same to the council , and shall find remedy . that justices of the peace may be named by the lords and knights of every shire in parliament , where they may be sworne , and none to be renewed without parliament , and that they may be allowed reasonable fees. they shall be named by the king and his continual councel , and for the fees the king will be advised . they require that for lands sold by any religious person , or other person of the church , the statute of westm. the second may be kept , and that judgment executory may be had against the tenant of the lands . the king would have the statute to be kept , and touching alienations made before this parliament , writs shall be granted against the tenants of the land , and for such alienation to be made , the king will be advised . that hundreds be not let to fee-farm , or other farm letten , but kept in the lords hands . the statutes therefore provided shall be kept . that such as be indicted before the coroner for murder , and flying upon the same by sinister means , to them they shall forfeit their goods , may be enquired of only before the justices of goal delivery , whether they so fled , or withdrew themselves . who will especially complain shall finde favour . that staukes , stakes , and other annoyances made about havens may be removed , and thrown down . the statute therefore made shall be kept . that the accompts as well for sums of money for assarts , as otherwise in the exchequer , may be discharged on their averment that there is no means to levie the same . the grieved upon declaration shall have right . that such lords and others as have lands upon the sea coasts , for the defence of the same may be bound to dwell upon the same . the king by advice will appoint order therein . that no sheriff be made but from year to year , and that such and their deputies as have to the contrary , may be in the same case . the statutes therefore appointed shall be observed . that none be appointed to be a justice of assise in his own country , unless some forreign justice be associate with him . who will complain shall have right . that the charter made to the men of yarmouth , that none should within the time of their fishing , buy any herring within seven miles of the same town , may be repealed , so as men may openly buy and sell. the king granteth in respect of a new grant above mentioned , saving to the town all other their liberties , with this clause , licet . that no man be barred by any warranty collateral , but for so much of lands as descended to him by such ancestry . the king will be advised untill the next parliament . that the justices of assize shall keep their sessions in towns where gaols be , and make their deliverances before their departure at the least once by the year ; and that to the same justices may be made in one patent , as well to take the assize , as to deliver the gaole . the justices of assize shall have their patent in such wise as hath been , and shall as well take the assize , as make delivery . that all sheriffs may be yearly chosen at the feast of s. michael , and so as their gifts and dinners to the officers of the exchequer may be done . that the justices deliver into the same court their extracts at the utaves of s. michael , and that they be delivered to the sheriff at the fifteen of s. martine , or the day after hilary at utmost . that sheriffs and escheators may be yearly removed . sheriffs and escheators shall be yearly chosen at michaelmas , and have out their commissions the day after all souls , that no dinners or gifts be given them in the receipt or exchequer on pain . that writs be sent into all the counties of england , to publish the perambulations of the forrest heretofore made , and to make new perambulations , and to establish the continuance of the same , so as every officer upon the breach thereof , do forfeit his office , and render double damages to the party grieved . the king meaneth newly to make perambulations through england , and willeth that the charter of the forrest be observed . that remedy may be had against certain lombards who have coloured certain ships fraughted , and wrecked goods of the kings enemies , and persued by certain of the kings subjects to be their own , and by sinister means have obtained the same . the grieved upon suit to the councel shall have right . that no lands or tenements be seized by any of the kings officers of any person not attainted of treason , or felonie in his life time . let it be more fully opened . that no sheriff , under sheriff , or gaoler be justice during their offices , neither that they be put in any commission , then only concerning their offices . it liketh the king. that the bishops do certainly appoint what shall be taken for a probate of a testament , and for an acquittance upon the accompt . the statutes therefore made shall be kept . that for goods of felons found by office , every man may traverse such offices , and upon the reversing of the same to be discharged . the law shall stand as it doth . that no man be charged upon an account in the exchequer of scottish money , sweet wine sold without licence , corn , lead , tin , worsted , butter , and such like , whereby no profit is to the prince . that for scottish money remedie was provided , e. . tit . . for sweet wines remedy was appointed at the last parliament , and for the rest shall be with opportunity . that the clerks of the market of the kings houshold do not by extortion take fines in gross , or certain of any towns , and that there may be appointed a certainty of measures and weights , according to to the standard . he shall see punishment done according to the quality of the fault , without any such fines taking there where he doth not his office ; and the measure to be according to the standard and statute made . that no patent of any lands found by the escheators enquest be granted , so as the party will stand bound to answer the king the profits thereof , if upon trial it be found for the king. the king will be advised thereof . that the chancellor upon the writ of champerty may grant forth writs at the suit of the party , and that he may recover damages in his suit . the king will be advised until the next parliament . they require remedy against reservation of benefices from rome . this bill is elswhere answered . that the lord steward and marshal of the kings houshold do hold no other pleas then are contained in the statute called articuli super chartas ; that they of twelve miles may be certainly limited whether from the kings presence , or the place of the houshold● and not from both , unless they be together , and that the steward do keep his session within three miles about the presence of the king , as it hath been accustomed . they shall have jurisdiction from the place where the king himself is , or from the place where the houshold is kept twelve miles of every part only , and not from the one and the other at one time . and further the statute therefore made shall stand . that every man in the exchequer being impleaded , may wage his law as in other courts where wager doth lie . they shall not wage their law in the exchequer , as in other courts where the king is not party . that the corographer may be sworne , that neither he nor none of his clerks do take for the ingrossing of a fine , but only four shillings . the statute made therefore shall stand . a long bill against the usu●pations of the pope , as being the cause of all the plagues , injuries , famine and poverty of the realm , so as thereby was not left the third person , or other commodity within the realm , as lately was . that the tax paid to the pope for ecclesiastical dignities , doth amount to five times as much as the tax of all the profits as appertain to the king by the year of this whole realm ; and for some one bishoprick or other dignity , the pope by way of translation and death hath three , four , or five several taxes . that the brokers of that sinful city for money promote many caitiffs , being altogether unlearned and unworthy of a thousand marks living yearly , where the learned and worthy can hardly obtain twenty marks ; whereby learning decayeth . that aliens enemies to this land , who never saw nor care for to see their parishioners , have those livings , whereby they despise gods service , and convey away the treasure , and are worse th●n jews or saracens . to be considered , that the law of the church would have such livings to be bestowed for charity only , without praying or paying . that reason would that livings given of devotion , should be bestowed in hospitality . that god had committed his sheep to the pope to be pastured , and not shorne or shaven . that lay-patrons perceiving this simony and covetousness of the pope , do thereby learn to sell their benefices to beasts , none otherwise then christ was sold to the jews . that there is none so rich a prince in christendom , that hath the fourth part of so much treasure as the pope hath out of this realm for churches most sinfully . a repetition of the honor of the church ; and that all the plagues there particularly named have justly fallen upon this realm for suffering the same church thus to be defaced , with declaration that it will daily increase without redress . a perswasion to reedifie the same ; and the rather , for that this was the year of jubile , the fiftieth year of the kings reign , the year of joy and gladness , then the which could be no greater . the means how to begin this , was to write two letters to the pope ; the one in latine under the broad seal , the other in french under the seals of the nobles , importing these particularities requiring redress . and for a further redress and accomplishment , to enact , that no money be carried forth of the realm by letter of lombardy or otherwise , on pain of forfeiture and imprisonment ; and to enact the articles he●eafter ensuing . the king hath heretofore by statute provided sufficient remedy , and otherwise persueth the same with the holy father the pope , and so mindeth to do from time to time , untill he hath obtained as well for the matters before , as for the articles ensuing , being in manner all one . that the popes collector , and other strangers the kings enemies , and only legier-spies for english dignities , and disclosing the secrets of the realm , may be touched . that the same collector being also receiver of the popes pence , keepeth a house in london , with clerks and officers thereto , as it were one of the kings solemn courts , transporting yearly to the pope twenty thousand marks , and most commonly more . that cardinals and other aliens remaining at rome , whereof one cardinal is a dean of york , another of salisbury , another of lincoln , another archdeacon of canterbury , another archdeacon of duresm , another archdeacon of suffolk , and another archdeacon of york , another prebendary of thame and nassington , another prebendary of york in the church of york , have divers other the best dignities in england , and have sent over yearly twenty thousand marks , over and above that which english brokers living there have . that the pope to ransom frenchmen the kings enemies , who defend lombardy for him , doth always at his pleasure levy a subsidy of the holy clergy of england . that the pope for more gain maketh sundry translations of all the bishopricks and other dignities within the realm . that the popes collector hath this year taken to his use the first-fruit of all benefices . to renew all the statutes against provisors from rome , sith the pope reserveth all the benefices in the world for his own proper gift , and hath this year created twelve new cardinals ; so now there are thirty , where wonted to be but twelve , and all those cardinals except two or three , are the kings enemies . that the pope in time will give the temporal manors of those dignities to the kings enemies , since he daily so usurpeth upon the realm , and the kings regality . that all houses and corporations of religion who unto the kings reign now freely election of their heads , the pope hath accroached the same unto himself . that in all legacies from the pope whatsoever , the english clergy beareth the charge of the legacies , and all for the goodness of our money . that also it appeareth , that if the money of the realm were as plenteous as ever it was , the collectors aforesaid , with the proctors of cardinals , would soon convey the same . for remedy whereof it may be provided , that no such collector or proctor do remain in england , upon pain of life and member : and that no english-man on the like pain become any such collector or proctor , or remain at rome . for better information hereof , and namely touching the popes collector , for that the whole clergy being obedient to him , dare not him displease , it were good that sir iohn strensall parson of s. botolphs in holborn may be sent for to come before the lords and commons of this parliament , who being streightly charged can declare much more , for that he serveth the same collector in house five years . a long statute made against runnegate servants , beggers and vagabonds , much after the sort in the statute made in the good king ed. . his days against vagabonds . touching this long bill of labourers , let the statutes heretofore made be duly executed . they require that the statute made in e. . that the kings ward should be committed to the next heir of the ward to whom the lands cannot descend , yielding therefore as much as another would , might be confirmed . the king granteth thereto , saving his regality . that time of prescription in writ of right may be from the coronation of the king e. . and in writs of mortedauncestre nuper obiit , cozenage , aiel , &c. and such other writs mixt in the rights from the coronation of the king now . the king will be advised for changing the law heretofore used . that no alien do enjoy any living that hath cure , or requireth residence . this bill is answered before in the two long bills of rome . for that errors had before justices of assize are revocable before the chief justice of the common pleas , they require that the chief justice there be appointed no justice of assize . the king granteth , when the number may spare him . that a general pardon may be of all misprisions , and intrusions made into any lands holden of the king in chief . the king will shew favour where him liketh . that they may have an action of account against the executors of gardian in soccage . the king will be advised untill next parliament . that restitution may be made to englishmen , farmours of any religious aliens house . touching farmers abovesaid the king granteth , so it concern priors churches conventual , collegial , and parochial ; but for english governours the king will be advised . that no especiall grant be made to any man for singular profit which may sound to the disadvantage of the king or realm . let them declare more especially . that the statu●e made for buyers in e. . tit . &c. may be kept , and that justices of the peace may enquire of the same . the statutes therefore made shall stand , and the justices of peace shall determine the same . that an infant within age levying a fine , may have respite two or three years after his full age to reverse the same . the k●ng will be advised of the change thereof . that no alien be made head of any religious house belonging to aliens . and that during the wars all french religious persons may be banished the realm . nothing was done herein . certain being taken prisoners , and unable to ransom themselves , and namely , sir matthew de gorney , sir matthew de reedman , sir thomas foggs , sir iohn harpeden , sir gregory seas , sir ieffery de werkesley , sir robert twyford , sir iohn bourcher , and divers other good knights and esquires , pray the king to ransom them . the king is w●ll●n● to do for their comfort , as far as reason would . the commons of the county of devon for divers oppressions done by the officers of the stannary there , by colour of their liberties , require the king by parliament , to explain his grant to them made , which being divided into particular branches is done , but too long to be abridged , the like bill did the commons of cornwall exhibit for the liberties of the stannary , agreeing in grant and answer as the next above , and the●efore too long to be abridged . the commons of the county of cumberland require aid of the king for the repairing the city of carlisle , being in a manner spoiled and fallen down , for that the townsmen are not able to do the same , and also for the appointing of one to be warden of the marches there . the bishops and lords together with the earl of warwick , and sir guy de bryan shall assemble and appoint reasonable order therein . the inhabitants of the port-towns in england pray . that whereas it often happeneth that a man or boy being in one of their ships or other vessels , and by misadventure falling therefrom is drowned , their ship or vessel is thereupon seised as a deodand , and that therein remedy may be had . if the vessel be upon the sea , it shall be adjudged no deodand ; if upon the fresh-water , let him complain to the king , who will shew favour . the watermen of london complain of leaving of locks , stauks and wears upon the river of thames , and namely of a lock called hamelden lock ; and for that there is custom demanded of them passing the bridges of stanes , windsor , and maidenhead , and other locks , against their custom . for the locks and kidels , the statute made in e. . tit . . shall be executed . and for ex●cting money of them at the bridges aforesaid , or elswhere against their f●●nchises , they shall make their suit in the chancery , and have their writs grounded on their liberties to stay such takings . the commons of the county of kent complain against the officers of the castle of dover , for arresting them by their catchpoles , to answer before them whereunto they are bound . the officers shall have no jurisdiction out of the fee of the honor and castle of dover , nor shall make any process by capias out of the liberties of the cinque-ports . certain of the sea-coasts complain to the king , that where they be by the kings appointment with their ships transported . sir thomas felton steward of gascoin , and sir william elman governor of bayon unto burdeaux , and from thence went to the bay ; where certain spanish gallies , notwithstanding the truce taken between the king and the spaniards and frenchmen , boarded and kept them , viz. the tenth of august last past before , wherein they pray remedy . the king hath , and will do his best for redress and restitution . the inhabit●nts of the town of southampton pray the king to take the town into his own hands , for that they are not able to pay the feefarm , by reason of their great charge about the fortification of the same , and that he will send thither men of war for the defence of the same . the king will thereof be advised . the mayor and commonalty of winchester pray the king to confirm and grant to them their liberties , in such wise as was last granted to london ; and that towards the murage of the same , he would give them some aid of custom , or otherwise . the commons of divers cities and towns require the payment of certain monies lent the king in the time of thomas brangtinham bishop of exeter , treasurer of england . they shall be paid as soon as may be . the lords of the realm and their tenants pray the king of remedy against the riots of divers cities and towns , for that they enter upon their several grounds therein claiming common , considering the wastes thereunto adjoyning may suffice therefore ; and namely , that such of the townsmen as have not land lying with any of the said lords , may have no common in any of their lands . this matter is before the council . the inhabitants of bath complain , that whereas they had a fair there at the feast of s. calixte , the town of bristol being but ten miles from them , have raised a fair at bristol the same day , and forbidden all their townsmen of bristol upon certain pains to bring any wares to the said fair of bath , whereof they pray remedy . it is before the great council . the commons of essex and suffolk pray , that certain clothes there or elswhere , called cogware and kersies , made in the said counties , be not within the compass of the statute of clothes , made in e. . . the king willeth that they have such words , that the strait ware called cogware and kersies made in the said counties , shall not be intended to be comprised in the said statute nor under the pain therein . the mayor , aldermen and commons of the city of london pray , that they may enjoy all their liberties , and that no stranger do keep house , or be a broker , or sell merchandise by retail . the king hath granted thereto , conditionally that the same city be well governed , saving to the merchants of the haunce their liberties . the citizens and burgesses of certain places there named , complain for and in the name of the cities and towns , that divers of the kings tenants having burgage within them , do suffer them to fall down , whereby they are the worse able to pay their fee-farms : and do therefore pray remedy . the citizens of chichester pray remedy , for that they are impleaded out of the same city for their freeholds , and for that they are driven to appear at assises and sessions , contrary to the general words of their liberties . let them shew their charters in the chancery , and they shall have right . they require confirmation of their charters according to their purport . let them also shew their charters , and they shall have right . the commonalty of surrey and sussex pray remedy , that whereas the king out of his feefarms paid for the said counties of surrey and sussex , hath granted to richard earl of arundel the two turns of sheriffs in the rapes of chichester and arundel , worth by the year l. and certain rent called sherringdeld , to the yearly value of l. ● ● . d. yielding therefore yearly . . ● . that the sheriff may upon his accompt be discharged thereof . let it be shewed to the king ; and if it please him that the earl enjoy the same , the sheriff shall be discharged according to the quantity ; if not , the sheriff shall be at his answer . the burgesses of southwark pray a confirmation of their charter lately burned by casualty . let them make their persuit in the chancery , and they shall have right . the major , and commons of newcastle upon tine complain , that where the prior of tinmouth , parcel of s. iohn of ierusalem in england● by cautelous and suborned means brought his writ of freehold in fernham , and put in view and plaint the greater parcel in value of the same town , holden in farm of the crown time out of m●nde , and recovered : whereupon order was taken that the same justice of assize , should not in that assize have a procedendo , but that the chancellor should grant a commission for the examining of the truth , untill which time the matter should stay ; they therefore require that the assize be no further proceeded in until the commission return . remedy is provided in this parliament , as appeareth by another bill thereunto endorsed . the commons of the marches in estritheng , require that commission may be made to the lord percy , the prior of bridelington , sir robert boynton , sir robert de constable , sir iohn of snareby , and iohn de almary , that they may appointable persons for the defence of the same , and namely for an arrival between a place called erledicks , and the town called whitby . it pleaseth the king. the commons of the counties of essex , and hartford pray , that the sheriff upon his account be allowed an hundred pounds yearly of that which he cannot receive . let them search the exchequer treasury , and elsewhere for the causes of the distress o● th●se farms for two years now ensuing , and in the mean time the sheriff shall have pardon of an hundred marks . the commons of the city of rochester pray , that the clerk ( of the market ) may have nothing to do within the said city . he shall make assay and due punishment of such as make default , without taking any fines in gross of the same town where he doth not his office. the commons of the county of northampton shew , that the sheriff is yearly charged with an hundred pounds for the profit of the shire , where he knows not how to levie above fifty three pounds three shillings four pence , and pray consideration thereof . let them declare their request in special manner . they pray a pardon of all forfeitures supposed to be done by any of them , whereof they were not attainted in their life , and that no such hereafter be made . the king will thereof be advised . that the process of such as be at issue , and do not within one year after sue out his nisi prius , be discontinued , and had for nothing . the law heretofore used shall stand . that no man upon pain of loss of all that he hath , do carry forth corn out of the realm , but only for the provision of calice . the liege people shall be free to carry where they best like for their most profit . the commonalty of nottingham , derby and lincoln , and of the town of nottingham , require that by the kings letters-patents the county and town of nottingham aforesaid may appoint two guardians , who may purchase lands unto them and their successors , for the maintenance of a bridge called heybeth-bridge , nigh unto the town of nottingham . the king will be advised . that the like order that is made in london against the horrible vice of usury , may be observed throughout the whole realm . the old law shall continue . that recovery may be had , and an attorney by a writ of assise of nevel disseisin of nusance made to a miln , or to the frank-tenant of nusance made in times past as heretofore . let the common-law run . they require that remedy may be had against certain lombards , who named themselves to be of the company of askertines , or of stroze , or other the like , and thereby have upon credit bought wooll of english men , some to the value of thirty pounds , and some twenty pounds , and some have departed to the great undoing of divers englishmen , as thomas blanchered , nicholas iohn , and other their factors lately did . it is before the great council . for the trial of any mans birth whereupon inheritance doth stand , that the enquest for the trial may be of the county where the birth is laid , and not where the writ is brought . the old law therein shall be observed . that the kings carriage for himself and his houshold may be of carts and horses of his own , and not to charge the commons therewith : and to remember the court of marshalsey , for there is great complaint thereof throughout the whole realm . the king knoweth not how these things may be brought to pass ; but if they be , he will charge the steward and other officers to make redress . and to the article of the marshalsey , let it be declared . the merchants of the staple require to be eased of divers new impositions , as chalking , tronage , wharfage , &c. the king would no new impositions , but that the same be enquired of , if it be need . that commandment may be made to the sheriff and justices of the peace of every shire , to raise the power of the shire for the repressing of routs and riots . the king will appoint order , and willeth that the statute be executed . they require that good regard may be had for the keeping of the castle of nottingham , wherein the sons of sir charls de blois are under the keeping of a stranger not able to answer therefore ; where by record it doth appear , that the keeper of that castle was wont to be an earl of the realm . let it be declared to the king and great council . the commonalty of cities and towns prayen , that such parcel and hamlets of towns lying neer to the walls of their cities and towns , and yet not belonging to the same , may be contributory to all charges within such their walled cities and towns ; and that the mayors and bailiffs of the same may arrest all breakers of the peace there . the king meaneth thereof to be advised . that it will please the king to pardon to the commons of northhumberland all issues and amerciaments lost in any of the kings courts from . unto these presents . the king will be advised . the commons of southampton pray remedy against the extortions of the lord nevil for not paying men their wages ; whereby the soldiers spoiled the couutry to the value of four hundred pounds , and that remedy may be provided for the like . the offender shall answer for the time past , and for the time to come the king will provide remedy . the commons of norfolk require , that payment may be made to them and to all the countries for sheep taken by the purveyors far under the price against the statute . this bill is otherwise answered within the bill of buyers . that the poor commons of yarmouth , who came to the parliament to complain of the oppressions done to them by the rich of the same town , may be in the kings protection sworne , and examined for the profit of the king. it pleaseth the king. the commons of the dioces● of york complain of the outragious taking of the bishop and his clerks for admission of priests to their benefices . who hath most cause , let him sue by the law. the commons of the hundred of costleing in sussex desire remedy , forasmuch as the cinque-ports have bought half the said hundred , and will not contribute any thing to them . it is before the great council . the commons of worcester-shire , salop and stafford , hereford , bristol and gloucester desire remedy , for that the merchants of those shires in travelling to calice are oft arrested for the trespasses and debts of other men , with whom they have no acquaintance or doing . and also that such as being of the marches of wales and county of chester , and rob in the counties first recited , and commit any other felonies or trespasses , and being thereof attainted in such shires where the felonies are done , may therefore lose their goods and lands to their lords . let the old law there be kept . that no woollen ya●n be carried out of the realm , or sold to any person , but imployed in draping . no such yarn shall pass out of the realm , upon pain of forfeiture . that all liberties granted to any cities or towns may be confirmed , and no farmers of any such liberties be distu●bed of the same . let them shew their charters in the chancery , and they shall have right . the poor commons of great yarmouth prayen that they may freely buy and sell , and chiefly in the fishing-time according to their charter , and not to be oppressed by the rich . let them shew their griefs in specialties before the great council , and they shall be heard . the commons of tividal , as well religious as secular , prayen to be restored to their possessions given from them to their enemies . let the lords marchers there named treat thereof , and report to the lords of the parliament their opinions for remedy . the citizens of york desire , that where the lord of arde and cockham in holland hath stayed six and thirty surples of their wools to the value of nineteen hundred pounds , supposing that the king oweth him money for his service in france , and will neither for the kings letters nor other means deliver their woolls , that therefore they may have licence to stay the ships of the same lord at calice , or in england , till they be paid and answered to the value . let it be declared to the grand council , and they shall have remedy according to reason . iohn de butshorne maketh his title to the manor of grimsteed in the county of wilts , and to the advowson of the said manor , and to the moyety of the manor of enkesbury in the county of southampton , and prayeth to be restored to the possession of the same from robert de beverley ; the premisses are confessed to be holden of the king in chief . it is before the great council . the commons of devonshire prayen , that they may be paid for victuals taken of them by the duke of britany , while he lay there a long time for passage ; and that from henceforth no protection be granted to any passenger over to take any victuals other then for present pay . let the offendor for the time past answer , and for to come the king will provide . that remedy may be had touching the dishonest returns of bayliffs nihil habent , against them for their bribing fees , and other corrup●ions . it is before the grand councel . where men for fear and safeguard of their lives do flie to church-yards , and after depart therefrom , the steward of the kings houshold forthwith enquireth how he escapeth out of the churchyard , and upon the matter found awardeth an escape against the town or parish , wherein they pray remedy . the king will be advised herein . that if the party plaintiff or defendant , upon his habeas corpus returned do not sue out his nisi priu● , that then the whole processe may be discontinued , and that in all and every of the kings courts , and that every man may have the nisi prius granted , as well against the king as others , without suing to the privy seal . let the law used remain . that such as have , or shall sue livery upon an inquest of office by escheators , where those lands indeed are not holden of the king , may be received to aver of whom , or by what service the same lands are holden . if any mans inheritance be charged by any such inquest , he who will complain shall be received to traverse the inquest before his homage done . that any man having the privy seal , for the payment of debts due by the king to him , shall not be stayed from the payment thereof , by any private letter of the treasurer . the king granteth thereunto . that a parliament may be holden every year , the knights of the parliament may be chosen by the whole counties , and that the sheriff may likewise be without brokage in court. to the parliament there are sta●utes made therefore . to the sheriffs there is answer made ; to the knights it is agreed , that they shall be chosen by common consent of every county . that such as by sinister means procure extents against the king at one value where it is thrice , or far better , may be punished . the king will make enquiries thereof as him pleaseth . that no pardon be granted to any impeached in this parliament , being the kings councellors , or sworn to him , but that such be therefrom removed , and never restored , and an act thereof to be made . the king will do therein as shall him please . that all the articles of wrongs declared in this parliament against any person , may be duely determined by commissions by the kings justices and other lords , and that the judgements given in this parliament be not repealed by brokers about the king. the king will do by the advice of his councel what shall be best , saving to every town his liberties . they requ●re the king to have good regard for the government of the realm , and that all profits of the crown may be imployed to the kings honour . the king as next above , will do for the good government , his own profit , and ease of the people . that such as shall of their own authority lay new impositions without assent of parliament , may lose life , member , and other forfeitures . let the common law heretofore used run . a long bill against the broakers● and corrupt recovery of religious persons by the taking of sheriffs , that any notwithstanding such recoveries may have tryall , and upon the matter found those religious persons to be punished therefore , as therein is contained , with many other matters touching the same . the law therein heretofore used shall be kept . that all wapentakes , and hundreds let to farm may be repealed , and none hereafter to be granted ; and that all bayliffs may be sufficient and able . the statutes made therefore shall be kept . that remedy may be had so as there may be reasonable warning given , for the holding of wapentakes and hundreds . the statutes therefore made shall be kept . that presentments may be made but twice in the year in leets or great wapentakes . that none but such as be resiant do come to any wapentake , or hundred . there are statutes provided therefore . against bailiffs of markets and fairs , who attach men out of their jurisdictions . there are statutes made therefore . against bailiffs being farmers of wapentakes or hundreds , and thereby procure plaints in other mens names , and sue great sums , by dividing the same into less sums . let them hold themselves to the statutes . petitions exhibited by the clergy , and their answers . that all consultations may readily be granted in the suit for tithes of silva cedua , and that no attachment do ensue the same . a consultation granted doth suffice , and if need be , there may be a special clause for prohibitions granted , or to be granted . that the ordinary may according to the ecclesiastical laws punish such as do fraudulently procure consultations . that in matters touching the punishing of the soul , the kings prohibition may cease , or a consultation be granted . that in demands of pensions by one church from another , no prohibition be granted . the justices shall meet in the presence of certain bishops , who shall take order therein to content . in a case of tithes upon objection that the tithes exceed the fourth part of the value of the church , a prohibition is granted against the canonical sanction . that the kings purveyors take up of the clergy , and cause them also to make carriage for the king against their traditions , and statutes therefore made . that if the matter of tithes under the names of cattailes be depending before any temporal judge , that the ecclesiastical judge , affirming the contrary shall decide the same . that upon any conditional consultation the ecclesiastical judge may take upon him the very true understanding thereof , and so proceed therein . that no man shall have any prohibition unless he do bring to the chancellor the libel signed with the judges seals before whom it is hanging , for the more perspicuity thereof . that no clerk , or his servant being with him , be arrested by any off●cer , being in the church-yard or other sacred place , or in carrying the communion to any man. the king granteth the same , so as none do keep himself in the sanctuary by covin . the commons of the town of calice pray that the staple may only be holden there . the king granteth that it shall be holden there , and no where else in the parts beyond the seas , as well of all staple-ware , as of lead , tin , worsted , butter , cheese , feathers , &c. note in the request next above was said , then when the staple stood there upon all rodes forth by the captain , the mayor of the staple fu●nished him forth of the merchants and their servants to the number of one hundred bill-men , and two hundred archers , without any wages . that the old charter of mahant countess of artois , and confirmed by the king , may be allowed , except the trial of land , and liberties of staple . the king will be hereof advised . that in stead of baily-eskmins , and cornmans granted in their old charter , they may have a mayor and twelve aldermen , and the mayor one of the twelve at their election , as in london . and where the mayor heretofore without any charge had two hundred pounds fee , that he may have but one hundred pounds , bea●ing the charge of six men , as every alderman now doth . they shall have such mayor and aldermen , so as they be englishmen , and to bear the reputation of the payments and such like charges of the town ; towards the bearing of which they shall have the office of wine , beer and ale , the stallage of drapers● mercers , and butchers , the pickage in the market , all issues , fines , profits and amerciaments of the mayors court , excepting to the king the fin●s of strayes , and bloodshed , and escheats of lands and goods ; they to be discharged of all watches and ward , but only before their houses . many other liberties are also to the same townsmen of calice granted , worthy to be seen . the commons after the delivery of the bill aforesaid , required that they might be executed . that done , the chancellor willed the commons to sue their writs for their fees according to the custom . after that the bishops arised , and took their leaves of the king. and so this parliament ended at eltham , the which continued from day to day from the beginning unto this present thursday , t●e sixth of iuly , in the whole ten weeks and more . anno quinquagesimo edwardi tertii . rot. parliamenti tent . apud westm. die lunae prox . post festum sancti georgii , anno regni regis edwardi tertii post conquestum angliae quinquagesimo , & franciae tricesimo . commons petitions . cy apres ensuyent les petitions bailles au parlament per les communes ove les responces faictes a icellis in le parliament . pour la cittie de londres . a nostre sieur le roy , & a son bon conseil , monstrent les lieges maior , aldermannes & communes de la cittie de londres , que come ils au plusieurs fois persuis es divers parlements davoir consideration come ils sont empouris & aneautiz per cause que leurs franchises per lay & ses nobles progenitors a eux grants● & confirmes luer sont restraints , & en grande parte tolles , & ore al darrain parlement tenus a westm. leur afuest rendres , que ilz duisiont declarer leur gravances en special , & ils aurent bon remedie : desque grevances entre divers sont , que chacun estranger poet demeurer en la dicte cittie , & tener hostiel , & estre brocour & vendre & aicheter tous maniers marchandises a retaile , & estranger vendre , & estranger pour revendre a grand en cherussement de les merchandises , & de faire leur demeure outre jours , la ou en temps passe nul estranges marchant , nul de● cestes points solint user , encountre les franchises de la dicte cittie , dont ceux heurs annes est uses ; per queulx grevances les merchants de l● dicte cittie sont grandement empoueris , en la native empaire , & les privites de la terre per les audicts estranges discouers a vos enemies per spies , & autres estrangers en leur hostiels resceus : plaise a treshault & tresgratiouse sieur , nostre sieur le roy & a son bon counseil en enure de charite , en ce presente ordiner , que les estranges merchants soient de cestes auant dits points restraints , & que les leiges mayor , aldermannes & communes de la dite cittie puisent enjoyir leur ditz franchises , nient contrerayant aucun estatute ou ordinance de temps passe faict a la contraire . le roy de sa grace especial agraunts , que south condition quilz mettent la dite cittie soubs bon gonnernaille al honneur de luy & profit de son royalme , que desormais nul estranger tient hostiel ne soit brocour ne vendre aucuns marchandises a retaille deins la dicte cittie ou les souburbs de celle , nyant contrestant acune statutes ou ordenance faits alencontre , salves aux marchants de hans d' allemaine les franchises a eulx grants , & confirmes per les roix ses progenitors . anno . edw. . the commons of the county of devon for divers oppressions done by the officers of staneery by colour of their liberties , require the king by parliament , to explain the grant to them made ; the like do the commons of the county of cornwall● hactenus antea , the particular branches whereof are abridged her● next under written out of the record , ut sequitur ; for redress of divers extortions , and oppressions , grievances , faitz per les esteyners & les ministres de esteinerye de le county de cornwal , per colour de les franchises a eux graunts &c. les commons del dit countie priont declaracion de ditz chartres & franchises , de article , & que soit enquire des usages : les articles issint ensuent per les parols del chartre . omnes stannatores operantes in stannariis illis quae sunt dominica nostra , dum operantur in iisdem stannariis liberi sunt , &c. ita quod non respondeant de alique placito se● querela infra praed . stannarios emergentibus , nisi coram custode stannariorum ; exceptis placitis terrae , vitae & membri ; nec recedant ab operationibus nisi per summonitionem dicti custod . & sint quieti de alius tallagiis , theoloniis , stallagiis , auxiliis , & aliis custumis quibuscunque in portibus , fereis , & mercatis infra comitat . praed . de bonis suis propriis . operantes in stannariis illis & dum operantur in eisdem stannariis , serra entend . de operariis laborantibus duntaxit in stannariis illis sine dolo & fraude , & non de aliis , nec alibi operantibus . si eusront a●llours oustre demesn que fuerunt soilement signior le roy , averont ●icts les priviledges ? &c. per auters parols in le charter an general scope semble deesse done , & per ceo les customes serra consider , & le gardein de ce lesteiner ne suffra nul ordeur del dit estangerie fover en pres ne autre foyes , neve abate autre boyes , ou autre mesons , ne de tower eue ou cours da ewe per malice , & si ils ne voile obeier gardein il ceo monstracy toft al grand councel le roy. com. les justices assignes les ferra le dit enquiry des customes , & per queux jurors ; vid. si per forreins solement , au per esteniers solement , vel per ambideuz ? ou le grand counseil serra avise , prise , & records en eyre evidences , & remembrances & treasury le roy serra examine , & evidences queux estyners ount serra regarde . si le gardein tiendra plea de chose surdant enter esteinier & forrein●r , de querela surdant ailours que en les leux ou ils sont overunt , le checune par●e deins le dit countez ? cest article serra extende solement accordant as parols del chartre , scilicet , in locis ubi iidem operarii operantur , & nemy ailours , ne en autre manere . touchant le imprisoment de esteyners offendant on le castle de lostuthiel , & non alibi , & le delivery de eux , & nosment pur ceo que le nust per plusors & auters prisons per arrerages d' accompt , en lostuthiel lou ils ount grand liberty . soit enquire per les iustices que serra assigns de enquirer per le authority ils y fount einssi est cest enquest retorne soit declarer estre special , sil y besoigne . anno quinquagesimo edwardi tertii , secunda pars. summonitio parliamenti . rex charissimo filio suo ricardo principi walliae , duci cornubiae , & com cestriae , &c. apud vvestm . primo decembris johanni regi castellae & legionis , ducis lanc. edmondo com cantabrigiae . ricardo com. arundel . thomae de woodstock constabular . angliae . edmondo de mortuo mari com. marchiae . thomae de bello campo com. warr. hugo . de courtney , com. devon. hugoni com. stafford . gilberto de umfrav●l , com. de anegos . willielmo com. suff. willielmo de monte acuto , com. salop. henrico piercie marescallo angliae . willielmo de latimer . willielmo bardolf . guidoni br●an . rogero de bello campo . johanni de clinton . gilberto de talbot . willielmo boterax . johanni de warr. henrico de scroop . johanni de nevill de raby . thomae roos de hamelake . rico. de stafford . reginaldo grey de ruthin . johanni grey de codenore . henrico de gray de shirland nicho. burnell . willielmo zouch de harringworth rogero de clifford . almarico de sancto amando . anno qunquagesimo primo edwardi tertii . the parliament holden at westminster , the fifteen of s. hilary , in the one and fiftieth year of edward the third . in the fifteen of s. hilary , being tuesday next after the conversion of s. paul , the year aforesaid , was the first day of the parliament : at what time the noble and puissant richard prince of wales , duke of cornwal , and earl of chester , together with the bishops , lords , justices , commons , and others summoned to this parliament , assembled to the palace at westminster in the painted chamber ; where the prince sitting in the kings own place , in the absence of the king , being partly diseased , the king sent thither his letters-patents to the said prince to begin the parliament . the commission or said letters-patents made to the said prince . after the reading of which commission , the bishop of s. davids being chancellor , at the commandment of the said prince then and there president , continued the said parliament until the next day at nine of the clock in the morning , for that divers of the lords and commons were not then come . the next day the prince , bishops , lords and commons assembled in the place aforesaid , where the said chancellor began his long oration with s. paul , viz. libenter suffertis insipientes , and applied it , that being wise , desired to hear him the contrary . he proceeded with scripture ; as , that every messenger bringing joyful news , is welcomed : thereby proving that he should be so , for that he brought joyful news of the kings good recovery of a dangerous sickness . by the which he shewed , that god loved the king , and realm : the king ; for that , quos diligo castigo : the king by the psalmist saying , uxor tua sicut vitis abundans in lateribus ; and thereby sheweth , that for children , no christian prince was so happy ; and confirmeth the said happiness by the above saying , et videas filios filiorum , which the king saw . that god thereby loved the realm , he proved by the recovery of so renowned a prince ; and that his recovery to be the fiftieth year of his reign , the year of jubile , the year of joy , for that he would thereby impart to his said subjects as well spiritual as temporal or bodily comforts . he then by the similitude , that if the head be sound , and some particular member of the body diseased , that the said infected member can receive no vertue or salve from the head ; inferreth , that as the king being the sound head , and willing to shew grace and favor to the subjects the members , the infected with vice cannot receive the same . and therefore perswaded such as would be partakers thereof , to conform themselves thereafter by having love , without which he proveth by s. paul , that nothing doth avail . he then turneth his speech to the lords , enlarging the cause whereby they were to think that the king dearly loved them ; forasmuch as at their requests , since the last parliament , the king had advanced richard ( there present ) to be prince of wales . he then shewed what cause they had to embrace the said prince , by offering to him , as the princes of cullen did to christ , all honor , by throwing abroad money according to the order of the pagans at the coming of their prince , by offering gold in token of riches and renown , and myrrh in token of his honorable scepter . he further sheweth , that the same prince should in their hands and hearts without all rancor be embraced , and no otherwise then simeon did christ , for that they had now seen that which long they had longed for , and therein shewed how they should obey him as the vicar and legat of god , that they might see the true peace in israel , viz. in england , the inheritance of god ; whereof , after so great victories , was great hope . the cause of the parliament he sheweth to be , for that the french under colour of truce granted by the king at the mediation of the pope , and yet enduring , had allied himself with the spaniards and scots the kings enemies , and had prepared puissant and great armies , thereby conspiring to blot out the english tongue and nation : wherein the king willed to have their faithful counsel . wherefore the chancellor willed them to go together , and give a speedy answer . after this , sir robert de ashton the kings chamberlain declared , that he was to move them from the king for the profit of the realm . the which words percase lay not in the bishops mouth , for that they touched the pope , viz. by protesting first , that the king was ready to do all that ought to be done for the pope : but for that divers usurpations were done by the pope to the king , his crown and realm , as by particular bill in this parliament should be shewed , the king requireth them to seek redress . receivers of petitions for england , ireland , france , and scotland . receivers of petitions for gascoin and other places beyond the seas , and of the isles . tryers of petitions for england , &c. as above . t ryers of petitions for gascoin , &c. as above . after this , the commons were willed to repair to the chapter house of the abbey of westminster to treat of these matters , and how money might be best levied thereto ; and certain lords there named were appointed from time to time to confer with the commons for their better help . the lords and commons grant to the king towards his great charges four pence of every poll , man or woman , passing the age of fourteen years , only beggers excepted . the commons request , that the king would appoint two earls and two barons , to receive as well their subsidy , as the subsidy of the clergy , and the subsidy of woolls granted the last parliament , so as the same be imployed upon the wars , and that the high treasurer do in no wise meddle therewith . afterwards , when it was declared to how great a sum the wages of those four treasurers would amount unto , the commons then required that the high treasurer might then be doer therein to the use of the wars . after the two and twentieth of february , certain bishops and lords , the chancellor , treasurer , and keeper of the privy seal , and all the justices by the kings appointment went to sheen , where the king lay sick , and there in their presence the articles of the kings general pardon as ensueth were read , with other answers made to the petitions of the commons , as hereafter follow , whereunto the king agreeth , and willed that they should the next day be read in the house , and to make the same the last day of parliament : the which was done the next day , being the three and twentieth day of february , by authority of the king , and of the said president . petitions of the commons , with their answers . the print touching the liberties of the church , the great charter , and the charter of the forrest , cap. , , . agreeth with the record in effect , but not in form . the print as touching the general pardon , cap. . agreeth with the record . divers articles of pardon which are comprised in the pardon aforesaid . that all persons and corporations may have the pardon freely without paying any thing for the great seal . such as for felonies are to sue , shall do the same before the nativity of s. iohn , and pay the fees onely . that such as owe unto the king , may upon their account be allowed of all such loans as are due to them , or to any of their ancestors . the treasurers and barons shall make allowance of due debt . that title of prescription of any liberties may as well be allowed , as if it were by grant , and that prescription may be from the coronation of the king. the king by advice will do herein as he shall think best . that the justices of peace do not enquire of any articles which are to be redressed in any lords leet , but only of the peace , and of labourers , and that they hold their sessions four times a year . the statutes heretofore made , cannot stand if this be granted . that the patent of reynold chambre for being water-bailiff of the thames , may be revoked , for that thereby he suffereth kiddles , trinks , and other unlawful nets to be laid , and cast in the said river of thames . the chancellor calling to him the citizens of london , the constable of the tower , and reynold newport shall take order therein . the citizens of london pray that the king will confirm to them their liberties f●r punishing all misdemeanours in southwark , and that commandment be given that the marshal do not intermedd●e within the part of southwark which is called gildable . the king cannot do it without doing wrong to others . the citizens of london require the confirmation of the kings letters patents made to them , that no stranger should sell any merchandise , or ware , to any other stranger , to the end that the same should be sold again . the very words of the patent . the king will be thereof informed . the same citizens prayed that they place and displace a coroner amongst themselves , answering unto the king what belongeth thereunto . the king will not depart from his ancient right . that no alien do remain within the realm during the warrs , unless he be a merchant , or artificer , and that no englishman become any farmer to any alien without licence ; in which act they protest that of temporal things , they owe obeisance to none but to the king. the king by advice will take order therein . that all provisors of things from rome , and their ministers may be out of the kings protection . the pope hath promised redresse , the which if he do not , the laws therein shall stand . that new perambulations of the forrest may be made according to the old bounds , out of which if any forrester do attach a man , that the attached may have his writ of false imprisonment . many counties are not grieved , wherefore let such as be , shew their plaint , and they shall be heard . that it may be declared what pleas the marshal shall hold , and that prescription may be as well allowed before the marshall , as before others the kings justices . they shall hold such as have been in the times of the kings progenitors . that no man be impeached for hunting within the purley , or without the bound of the forrest , and that there be levied no assertments . the charter of the forrest shall be kept , and to the assart , the demand is unreasonable . that as well the priest that taketh unreasonable wages , as the giver thereof , may either forfeit double to the king , and that the same may be tried before the kings justices . the statute therefore made shall be executed . that the next heirs of the kings wards , may have the wards lands in farm . there is a statute therefore made . that none of the kings officers be maintainers of any quarrels within their countries , on pain to lose their offices , and to answer double to the party grieved . the king hath forbidden his officers so to do , and if any be grieved he shall be heard . that if any religious person taketh the profits of any lands , whereby it may be thought to be within the compass of the statute de religiosis , that then the king or chief lord may enter upon the same . the king intendeth not to change the laws . that the statutes now made be not repealed but by assent of parliament , and that the statute of purveyors may be executed . they cannot ; and for purveyors , the law made shall stand . that the knights fees for coming to the parliament may be levied of the whole county , as well within liberties as without , except cities and towns , and the bound tenants of such as come by writ to the parliament . let it be as it hath been used . that no ordinance be made at the petition of the clergy without assent of parliament , and that no man be bound by any their constitutions made for their advantage . let this be more specially declared . that such as have view of frankpledge , may have the correction of taverners . it is no article thereof . that none of the commons be appointed any collector of this subsidy . the king granteth it . that the protection of such as lie at calice , or about picardy , only to delay such as sue them , may be repealed , and no such from henceforth granted . let the kings council be informed of such covin , it shall be redressed . that certain engines used to the destruction of fish , and called wonderchone , in the manner of a drag , being used in havens and creeks , may be forbidden . commission to certain to enquire and to certifie , shall be made , whereupon order shall be taken therein . they prayen remedy against such debtors , as to defraud their creditors , make feoffments by covin , and thereupon flie into sanctuary . upon the finding of such feoffments to be so made , the creditors shall have execution of such lands , as though no such feoffments were made . that the king would pardon all pyracies and felonies done upon the sea , except such as be impeached of the death of sir henry de la hay , or of such as be impeached at the suit of the party . the king will shew pardon where him liketh . that divers having in their charters . that no senescal● marescal , or clerk of the market do intermeddle within their l●berties , are thereby little the better , for that those office●s do intermeddle , for that there wanteth these words , ●am in praesentia nostra , quàm alibi ; that therefore it be commanded that none of those officers do intermeddle . the king would have them to be allowed according to law and reason , as it hath been heretofore used . the like motion is made , as is contained in e. . tit . . no tenant ought to be received to counterplead his own conus●nce . that no customs of woollen clothes granted in e. . be paid , unless the same be fulled . the king hath commanded that no woollen clothes be carried out of the realm before they be fulled , and that no customs be paid before such fulling . that such loans as were made in the time of thomas brantingham bishop of exeter and treasurer of england , now be paid . it shall be so soon as may be . that no tithe be paid for sea-coals . it shall be as it hath been . that no fines be taken for any writs according to the great charter nulli vendemus , &c. let it be according to the discretion of the chancellor , as it hath been . that no knight , esquire , or other be appointed to be sheriffs , escheators , coroners , collectors , or such like , after his age of years . the king will do herein as him shall please . that all charters heretofore granted may be allowed and confirmed , albeit they never were before . they shall be allowed as duly heretofore hath been . the commons of essex and hertford pray , as in e. . tit . . the king shewed favor at the first parliament , a●d so will as need shall be . that every person of what sex soever , being professed of any religion , and continuing the same habit to the age of fifteen years , may upon the trial of the same in any of the kings courts , be in law utterly debarred of all inheritance , albeit he hath a dispensation from rome ; against which dispensations is the chief grief . the king and the lords will provide therefore . that some provision may be made tha● herring may be better cheap , being now grown to an excessive price . indifferent and able men by commission shall see the price , and enquire of the causes , and certifie the same , whereupon order shall be taken . the commons of devon desire , that upon the return of the commission touching the customs of the stannary there , being now done in the chancery , that the rest of the liberties of the stannery may be declared according to the promise of the last parliament , and that the same be made in letters-patents . richard prince of wales prayeth , that the declaration made in the last parliament as touching the stanneries in devon and cornwal , may be revoked ; considering that the same was made , the prince nor any of his councel , or any other the officers being called or made privy thereto . such as were for the county of devon do pray that they may answer to such as alleadge that the said county should seek to hinder the profit of the said prince . the circumstance shall be examined by the councel of the king and prince , and thereupon order shall be taken . the counties of leicester , and northampton , huntington and bedford , complain upon the erection of three mills upon the high stream of the river of s. ives , whereby neither ships nor boats can passe , and whereby they surround all the grounds about the towns of buckten , brampton , gormercester , hemeford , and huntington . let the statute in such case provided be executed . the county of warwick desire that the goalhouse in warwick being very ruinous may be repaired with the profits of the county aforesaid , by the hands of the sheriffs . let them sue to the treasurer and other of the councel to have redress . that none such as passe over wools or have ships on the sea be accounted customers of weighers of wools. the king will appoint such customers as shall please him . the heirs and tennants of the land of chief taxers of the fifteen , do pray , that they may be taxed by the barons of the exchequer according to the old rate upon the view thereof , without bringing any writ therefore . the taxation being once reasonably made should seem to continue . the print as touching frizes , cap. . agreeth with the record . divers counties adjoyning upon the river of severn , do desire remedy for the course of the same river , between worcester and bristow , which is so straitned , as that the grounds thereabouts are thereby surrounded , that ships and boats cannot passe , and many drowned in their beds . let certain lords be appointed to hear and determine this matter . that if it shall happen any man or boy to be drowned by a fall out of a ship , or boat , the vessel shall be no deodand . being upon the sea it shall be adjudged no deodand , but being upon a fresh river , the king will shew favour . that every man may be received to prove his age , and to sue livery by the inspection of his body , and other sufficient wayes , where it is not returned by office. the chancellor by the sight of the bodies of such heirs and of offices returned , shall do what shall seem best to be done . that the lord latimer being in the last parliament by untrue suggestions deprived of his offices , and of the privie councel , may be by authority of parliament restored thereto again . the king granteth thereunto at the prayers of certain bishops , lords and of the commons . iohn de hankword knight requireth of the king such charter of pardon as was granted to sir robert knowls . sir iohn clifford knight requireth the like . the king meaneth , and will shew favour to them when he pleaseth . that the statute of provisors made at any time may be executed , and that remedy may be had against such cardinals as have within the provinces of canterbury and york purchased any reservations with the clause of ante ferri , to the value of twenty or thirty thousand scats of gold , against the popes collector , who was wont to be an english-man , and now is a meer french residing in london , and conveyeth yearly to the pope twenty thousand marks , or twenty thousand pounds , and who this year gathereth the first-fruits of all benefices whatsoever . the means to meet with these reservations and novelties , are to command all strangers to depart the realm during the wars ; that no english-man may become their farmors , or do send to them any money without special licence , on pain to be out of the kings protection . the statutes and ordinances therefore made shall be observed . petitions of the clergy , with their answers . that upon prohibition for sylva cedua , consultations may be readily granted . the law heretofore reasonably used shall continue . the print touching the proceeding after a consultation , cap. . in effect agreeth with the record , but not in form . that touching pensions claimed by one church or benefice out of another , there may no prohibition be granted , and that the definition thereof may be only in the ordinaries . the king will make search in his common-place treasury , or elswhere , and thereafter will therein deal . that of every consultation conditional , the ordinary may of himself take upon him the true understanding thereof , and proceed therein accordingly . the king cannot depart with his right , but to yield to his subjects according to law. the print touching the arrests of priests , cap. . agreeth with the record in effect , but not in form . touching the bishop of winchester , and matters by him attempted to be reformed , order was , that his temporalties should be seised into the kings hands . this done , the knights and burgesses were willed to sue forth their writs for their fees ; and so the parliament made an end . the last day of the parliament , sir thomas hungerford knight , speaker of the parliament , declared how that during the parliament he had generally moved the king to pardon all such as were in the last parliament unjustly convicted , and how the king willed him to make a speciall bill therefore , which was done to seven as hereafter ensueth , but no answer thereto made . the commons moved for a pardon for richard lyons merchant of london , and for restitution general . they make the like motion to revoke the judgment against alice perrers , and for her restitution . the like they make for iohn de leicester . the like they make for adam de bury . the like they make for walter sporier . iohn peach of london maketh the like request for himself . william ellis burgess of yarmouth , maketh the like for himself . and it is to be remembred , that nothing was answered to the bill aforesaid , for that the parliament ended that day . the commons shew , that whereas hugh staffolk of great yarmouth was accused of divers extortions in the last parliament , whereupon commission was granted to the earl of suffolk and sir iohn cavendish knight , for the enquiries and determining of the same , who so had done , and by eighteen enquests had found him guiltless , as the same sir iohn in open parliament witnessed , in which matter more was not done . i shall desire the reader to take notice , that in the parliament-roll at large of e. . n. . the prelates , dukes , earls , barons , commons , citizens , burgesses , and merchants of england in this parliament , petition the king not only for a pardon in generall , and of fines and amerciaments before the iustices of peace , not yet levied in special ; which this abridgment only toucheth : but they likewise subjoyn thereto this memorable request ( totally omitted by the abridger ) which i thought meet here to supply . that in time to come your said prelates , earls , barons , commons● citizens and burgesses of your realm of england may not be henc●forth charged , molested , nor grieved to make any common aid , or sustein any charge , unless it be by common assent of the prelates , dukes , lords and barons , and other people of the commons of your realm of england , and that in full parliament : nor no imposition put upon their woolls , wooll●fells , and leather , or any the antient custom ; that is to say , of one sack of wooll half a mark , and of three hundred wooll-fells , half a mark ; and of one last of skins one mark of custom only ; according to the statute made the year of your reign ; saving to you the subsidy granted unto you the last parliament for a certain time , and not yet levied . to which last clause the king then gave this answer : and as to that , that no charge be laid upon the people without common assent ; the king is not at all willing to do it without great necessity , and for the defence of the realm , and where he may do it with reason . and as to that , that impositions be not laid upon their woolls without assent of the prelates , dukes , earls , barons , and other people of the commons of his realm ; there is a statute already made , which the king wills that it shall stand in its force . anno primo richardi secundi . rex &c. charissimo avunculo suo johanni regi castellae & legionis , duci lancastriae salutem , apud westmonasterium , quindena michael , teste rege quarto die augusti . consimiles literae subscript . edwardo com. cantarbr . ricardo com. arundel . thomae de woodstock com. de buck. & constab. angliae . edwardo de mortuo mari com. marchiae . tho. de bello campo com. war. hugoni com. staff. gilberto humfravil com. anegos . willielmo de ufford com. suff. willelmo de monteacuto com. sarum . henrico de percy com. northum . johanni de mowbrey com. nottingham . guischardo com. huntington . jacobo de audley de heleith . willielmo de latymer . willielmo bardolfe de wermegay rado basset de drayton . guidoni de brian . rogero de bello campo . johanni de clinton . gilberto talbot . willielmo de botreaux . johanni de la war. henrico de scroope . johanni de nevil de raby . hen. de ferrariis de groby . thomae roos de hamelack . ricardo de stafford . johanni gray de codenote . hen. gray de wilton . reginaldo grey de ruthin . nicol. burnel . williel . la zouch de harringworth . rogero de clifford . almarico de sancto amando . johanni butstort . johanni lovell . rogero de scales . rado de cornwal . michaeli de la pool admiral . maris septentrional . versus . petro de malo lacu . rado baroni de greystock . waltero fitzwalter . waltero de ferrariis de wemme● roberto harrington . willielmo morley chlr. willielmo de furnival . willielmo de aldeburgh chlr. johanni de cobham de kent . hugoni de dacre chlr. roberto de willoughby . johanni de wells . johanni de clifton , rogero dk strange de knowley . mauritio de berkly . johanni de arundel . warrino de insula . hen. de fitzhugh . ricardo de scroop . philippo de darcy . edmondo com. cantabr . custodi quinque portuum . anno primo richardi secundi . the parliament holden at westminster , in the quindeane of st. michael , in the first year of king richard the second . at the quindean of st. michael , being tuesday the thirteenth of october , certain bishops and lords assembled at the palace of westminster in the blanch chamber there , where for that divers of the bishops , and lords were not come , the arch-bishop of canterbury , by the kings commandment , adjourned the parliament until the next day without any further declaration , willing them all to attend . at the which next day , as well the king as the two arch-bishops , with most of the lords and commons assembled in the painted chamber , where the arch-bishop of canterbury pronounced the cause of the parliament , beginning with this theam , rex tuus venit tibi . the which his ●heam he divided into three parts saying , that for three causes every friend ought to be welcomed to another , viz. if he come to rejoyce , and to be merry with his friend , for any singular benefit or good hap fallen to his friend , and therefore alledged , et exultavit in●ans in utero ejus . another , if the said coming were to comfort his friend in adversity , as it is contained in the book of iob. and the third , for assaying his friend in time of necessity , according to the scripture , in necessitate probabitur amicus . he applieth , that the king their undoubted leige lord , was now come unto them , not for one , but for all three causes . for the first , to rejoyce with them in the great providence , and grace of god by sending his person among them , not by any collateral means , or election , but by special discent of inheritance , and for their good wil●s was he therefore come to give them thanks . to visit and comfort them in their great necessity , and adversities , he was also come , as not onely for the death of the noble king e. . and for the prince his son , but also for the great losses of them on the sea-coasts , and elsewhere within the realm , done by their enemies , whereunto he now was come , not onely to proffer himself in aid , but to confirm all their liberties , to maintain the laws , and peace , to redress the contrary . to assay them , he was also come as to councel with them for the depressing of the enemy , and to require aid of them , without which he could not perform the same ; for all which , he willed them to consult together . receivers of petitions for england , ireland , wales , and scotland . receivers of petitions for gascoyn , and other countries beyond the seas , and of the isles . tryers of petitions for england , wales , and scotland , with their places appointed . tryers of petitions for gascoyne , &c. as above . the next day after sir richard le scroop , steward of the kings house , by the kings commandment , in the presence of the king , lords and commons , rehearsed the whole matter of the arch-bishop , and willed them to consult thereof . the same day the commons required sundry lords and nobles with whom they might confer , and as chief of them the king of castill and aragon , and duke of lancaster . the same king and duke kneeling before the king required to be exempted from the same choice , for that the commons had slandered him in manner of treason , in which his defence he there openly before the king demanded the combate to any person whatsoever , or what other order the king should appoint . whereupon the whole lords and commons with one voyce purged him , and requested that he would use no more such words , where to the said duke seemed to be content ; but said , that the same report to set the nobles at debate , was no better then treason . after that sir peirce de la mare knight , being speaker of the parliament , making his protestation said ; that what he had to say was from the whole house , and therefore required that if he should happily speak any thing without their consents , that the same ought to be amended before his departure from the said place . he commendeth the feats of chivalry , and sheweth how we were thereby of all nations renowned , and how by the decay of the same , the honor of this realm was , and daily would much decrease . he further sheweth , that when merchants were masters of ships , and had the free disposition of them , that then one town in the realm had more ships that were good , then now had the whole realm . the commons by him make three petitions , considering the kings tender age . first , that it will please the king to name in the parliament seventeen sufficient persons of all estates to be continually resident about the affairs of the king and realm , with others of the kings officers , so as they may be ascertained of their names , who shall have the disposition of such things as they shall grant towards the war. that their names may be known who shall be about the kings person , bringing him up in vertue , and that the kings house may be born with the revenews of the crown , and what now is to be granted to be imployed onely upon the wars . that the common laws , and other statutes and ordinances of the law may be observed , and may not be defaced with masterships , or singularities . to the first request the king assenteth , so as the chancellor , treasurer , keeper of the privy seal , justices of the one bench and the other may execute their offices without the assent of such councellors . the king also by the advice of the lords , in the same parliament , for that one year chose nine other the like councellors , viz. ●he bishops of london , carlisle , and salisbury , the earls of stafford and march , sir richard stafford , and sir henry le scroop baronets , sir iohn deverose , and sir hugh segrave batchelors , so as well these nine as the other seven shall continue councellors but one year , and not to be chosen during two years after . that no gift of the king of any thing shall be made to any of the said councellors , during the said year , but by the common assent of all other councellors , or the most of them , that they take nothing other then meat and drink of small value , upon pain of losing double to the party , and sixfold so taken to the king , and that they maintain no quarrel , and that the discussion hereof be onely to the king , to his uncles of spain , cambridge , and bucks . that all such as sh●ll complain of such councellors , and not able to approve , shall incur the dangers of accusers made in the time of e. . that such councellors shall be sworn in the kings presence to observe these orders , at which time the aforesaid nine were sworn accordingly . for the appointing of such as should be about the kings person , the lords would not intermeddle ; and for the consideration of the kings houshold , the lords would talk with the chief officers of the same , to do therein to the kings honor . and to the third request the lords granted . the lords and commons granted to the king two fifteens out of cities and burroughs , and two tenths of cities and burroughs , the fifteens of all lands whatsoever , and tenths of all manner of goods to be levied between that and candlemas ensuing , so as the same with the subsidy of woolls be imploied upon the wars onely , and that some might be appointed thereunto . all which was granted , saving to the king the custom of the woolls l. wherein he was indebted for the wars ; and thereupon william wallworth , and iohn philpot , merchants of london , were appointed the keepers of such sums to the uses aforesaid , whereto they were sworn before the king in open parliament . william de monteacute , earl of sarum complaineth , that whereas e. . gave to william de monteacut● , earl of salisbury his father , in general tail with warranty the castle , town , and honour of denbigh , with the contrades of roos , rowenox , and kiderminster , and the comote of dimnael , with the appurtenances in wales , the which in the life of e. . was recovered in the kings bench from the said earl by roger of mortimer earl of march , father to edward , now earl , by the name of the land of denbigh , and for that error was in the same recovery ; he prayeth the exam●nation of the same record , and restitution , vide r. . & . whereupon , sir iohn cavend●sh , chief justice of the kings bench , by appointment brought out the same record into the parliament there to remain until the next parliament , and a scire facias awarded against the said edmond earl of march then to be there , and to abide further order . sir iohn de cobham knight , son of the countess marshal , sheweth , that where he for seisin gave to king edw. . a ring of gold or the reversion of his mannors of wenden-hill , pademore , chederoldsenry . hanshardzolt , wedon in the vale , draiton , beauchampe , nesseworth , sandresdon , holpesthorp , rolvesham in the county of ●olson●n ●n norfolk , the good mannor of adington in bucks , and rowlston in the county of leicester , to have all the premises after his decease to the king , and of his heirs of the crown ; he now prayeth that according to his intent the same may remain in the crown . whereupon the same parliament , divers lords and others were examined openly , who approved the gift in form a●oresaid , made to the king by delivery of a ring of gold in the name o● seisin , the which by all the justices was thought to be good , and the lands to pass thereby . note that the examination was by their oathes ; and note that the justices and other learned of the king avowed such surrender by delivery of a ring to a common person to be good . william fitzhug● citizen , and goldfiner of london , exhibited a bill in the name of the poor commonalty of that mystery , thereby complaining against iohn chichest●r , and iohn bolsham of the same mystery for divers oppressions by them done to the said commonalty . whereupon the said iohn and iohn came into the parliament , and heard the same ; and for that ●he said william upon demand refused to avow the same bill , he was committed to the tower. one roll containing fourteen articles made between the king and his beloved brother , iohn duke of britany , touching the castle , and signory of brest in britany , was read before the lords , who agreed to all the articles , saving to the twelfth , touching alliance , the which roll remaineth with the petitions of the commons . robert hawley , and iohn shakell , esq● ; who had the keeping of the son of the earl of doney , a spaniard prisoner , taken at the battel of na●ar , to which prisoner other made claim , and for that the said robert and iohn would not bring forth the said prisoner , being thereunto willed , they were both committed to the tower. it is enacted , that all merchants gascoyne and english might freely transport into gascoyne and brest to the kings friends all manner of corn and other victuals , and also leather-gloves , purses and caps , leather-points , shooing-horns , and such other kind of small merchandizes notwithstanding any ordinance of the staple , but not elsewhere upon pain of forfeiture therefore , look r. . tit . . the staple of woolls appointed to be kept at guensburough is revoked , and appointed to be holden at sandwich . william de weston prisoner , brought from the tower by the constable of the tower , before the lords , was demanded by sir richard le scroop knight , steward of the kings house , being thereto appointed by the lords for surrendring the castle outherwick in the time of king e. . without commission , where he the said vvilliam took upon him the safe keeping of the same . whereunto the said william made a long answer , and if it were true , as it was not disproved , very reasonable ; notwithstanding he was for the same surrender adjudged to death , and returned to the tower again . iohn de gomeniz , was likewise brought from the tower before the lords , and questioned by the said sir richard le scroop for surrendring of the town of ardes in the kings time , where he took upon him the safe keeping of the same of king e. . whose excuse therein was disproved ; whereupon the lords gave judgment he should die ; but for that he was a gentleman , and a banneret , and had otherwise well deserved , he should be beheaded , and judgment respited untill the king be thereof informed more fully , and so returned to the tower. dame alice perrees was brought before the lords , and by sir richard le scroop knight aforesaid , charged for pursuing of matters contrary to the order taken in e. . tit . . and namely , for that she in the time of e. . procured sir nicholas dagworth to be called from ireland whether he was sent , and for that she also in the same time procured from the same king restitution for lands and goods to richard lyons , merchant of london , where the same lands were given to the kings own sons . the same dame denied that she pursued any such things for her singular gain ; whereupon divers officers , councellors , and servants to king e. . being examined , proved that she made such pursuits , and in their conceits for her own private gain . then straight judgment was given by the said lords against the same dame , that according to the order aforesaid she should be banished , and forfeit all her lands , goods and tenements whatsoever . to say truth of the devil , is counted commendable ; and therefore certes , the record against the same dame being very long , proveth no such heinous matter against her ; onely it sheweth , that the same dame was in such credit with e. . as she sat at his beds head , when all of the council and of the privy chamber stood waiting without doors , and that she moved those suits that they dared not ; and these two suits wherefore she was condemned , seemed very honest ; her mishap was , that she was friendly to many , but all were not so to her . the record is strange and worthy of sight . petitions of the commons with their answers . the print touching the liberties of the church , the great charter , and the charter of the forrest , cap. . agreeth with the record . the print touching the peace , cap. . agreeth with the record . the print touching purveyors , cap. . in part agreeth with the record , but not in all . an act agreeing with the first part of . tit . of this year , saving to the king his regality , and that act made for councellors in e. . shall stand . that all kind of gifts made by king e. . whatsoever , may be exaamined , and being worthily bestowed on any person , to be confirmed , or otherwise revoked . the lords of the continual council shall examine the deserts of the persons , and do thereaft●r . that none being duly deprived out from the council in the time of e. . be any more restored to be about the kings person . the king granteth thereto . the print touching maintenance , cap. . agreeth in effect with the record , but not in form . and act , that the chancellor , treasurer , steward of the kings houshold , and chamberlain during the kings minority shall be chosen by the lords in parliament , saving the inheritance of the earl of oxford in the office of chamberlain ; so always as if any of these officers die between the parliament , that then the king may name them by the advice of the continual council . the officers appointed for gascoyne , ireland , artois , the marches of scotland , keepers of the ports and castles may be of sufficient inheritance to answer . the king will do therein according to the advice of his continual council . an act whereby the king confirmeth all liberties granted to any person or corporation by any of his progenitors , in such wise as they were granted . that such may be punished who by their own defaults have lost any forts , piles or peeces beyond the seas ; and that such as out of any fort took any thing of the kings , may restore the same again . the king will provide sufficient remedy therefore . that the excess of servants wages , art●ficers , labourers , and victuallers may be extracted into the exchequer , and imployed upon the poor , and that such labourer in service by reason of any little tenure , or for that he would be a victualler , be kept in the stocks untill he serve . the statute made therefore shall be observed . that no mason , carpenter , artificer , or labourer do take any wages for the holy daies . the statutes therefore made shall be observed . that the petitions of the commons in the e. . whereto the kings answer was , the king willeth the same to be made in acts , for that some affirm them to be but ordinances , and no acts. it is in part done , and the rest the king will do according to reason . that such as receive the subsidy of woolls , and the tallage of groats , granted e. . may account in open court before the lords . certain be appointed to examine the receits , and to make report unto the continual council , who shall take order therein . that no stranger do keep any lodging within the realm , and that the goods of strangers attached within the realm may be restored to such englishmen as have had their goods spoiled on the sea in the time of truce . to the first point the king granteth , except such as be leige men ; and to the second , the king would have a stay of such goods until restitution . that the swanny-motes may be kept but at one time of the year , and that no free-man , other then officers of the forrest be distrained to come to the swanny-motes . the king would the statute therefore provided to be kept . that no man be imprisoned , or amerced for vert or venison , or other things against the assize of the forrest , unless the same be contained in the articles of the charter of the forrest , and that every man may without impeachment chuse the purlues . the charter , and other statutes of the forrest shall be observed . it is enacted , that the perambulations of the forrest heretofore made shall wholly stand , and that no forrester or other minister of the forrest have to do without , but according to the assize of the forrest . that the misdemeanor of the keeper and other officers of the forrest may be inquired of , and snch as be removeable and faulty to be expelled . the king will from time to time inquire , and punish such defaults , and who will complain shall be heard . the print touching debts allowed in the exchequer , cap. . agreeth in effect with the record , but not in form . that no officer of the exchequer , or of the kings houshold , do maintain any quarrels in their countries , and that the priviledges for the officers of the exchequer may be declared . touching maintenance , order is before , and for declaration it hath been used that all officers , and their servants with them abiding , shall in all personal actions sue and be sued in the exchequer , and not elsewhere . that the jurisdiction of the marshal may be limited , and that all men may have their liberties allowed as well within the verge as without , and that no court of antient demeasnes be thereby disturbed . the marshal shall have such jurisdiction as heretofore , and who will complain shall be heard . that the popes collector be willed to gather no longer the first fruits of benefices within this realm , being a very novelty , and that no other person do any longer pay them . that no man do procure any benefice by provision from rome , upon pain to be put out of the kings protection . that no englishman do take to farm of any alien any ecclesiastical benefice , or prebend on the like pain . in which bill is rehearsed that the french had l. yearly of such livings in england . the lords of the great council shall take order in those three bills . that religious persons buy lands , and cause others to be in feoffee thereof , and yet take no profits , that the king and the lords may take the advantage . the lords mind not to change the old law used . that the lords leets may have the punishment of tavernors , and that they be not disturbed , for that the leet is within the verge . it is not the article of the view of franckpledge , but shall be used as it hath been . the mayor , aldermen , and commons of london pray , that they may have the like punishment of ill doers in southwark as in london , saving to all lords their rights . it is prejudicial to the king , and to the bishops of canterbury and winchester . they pray that they may among themselves a coroner chuse and refuse . the king cannot depart with his old right . the commons pray , that whereas the sheriffs of the counties of essex and hertford are yearly charged to pay two hundred fifty seven pounds s. of the farms of serjeants , and main farms , and thereby yearly lose a hundred pounds , whereof the king yearly one hundred marks , sometimes more , sometimes less , that the king will make his pardon certain . the king will shew favour therein according to his pleasure . the sheriffs of bed●ord , bucks , northampton , and divers other shires being in the same predicament pray the like remedy . the king will semblably as above deal . the like motion is made as in e. . tit . . and the like answer thereto made . that all persons as well religious as otherwise , having any poss●ssi●ns within any walled or fortified city or town now decayed , m●y to the re-edifying thereof contribute , as other the townsmen there do . the king will that all such shall contribute according to the assurance of their tenure heretofore used , saving to every man his priviledge . they pray remedy against the popes reservations to dignities elective , the same being done against the treaty of the pope taken with king e. . the chancellor calling to him such as he shall please , shall see the record , and take order therein . that the chirographer shall render tenfold as much as he shall receive more then s. of every fine . the statute before made shall be kept . that the statute made that the next of the kin of the kings wards , to whom the lands cannot discend , shall have such wards lands in farm during the nonage , before any other , may be observed . the king granteth thereunto . that the assizes sued forth in king e . time , may continue in force at the suit of the party . there is remedy heretofore provided . that every writ be as well maintainable in a hamblet which beareth a certain known name , as in a town . the law heretofore used shall stand . that a writ of partition may as well be maintainable between strangers , purchasers , as between parceners , and prinuyes of blood . the law as next above . the print touching feoffments upon collusion , cap. . agreeth in effect with the record , but not in form . that it may be declared whether the peter-pence shall be paid to the popes collectors , or no. it shall be as it hath been used . that the justices of assize may take nisi prius of issues between the king and other persons of the exchequer as well as of the kings bench or common pleas. as it hath been so shall it be . that in the counties of northumberland , cumberland and westmerland indictments of man-slaughter taken in the sheriffs turn shall continue good , and elsewhere . it shall be as the law willeth . that no suit between any patties be ended before any lords , or others of the council , but before the justices onely . the king granteth thereto . the print touching villains lands , tennants , and the book of dooms-day , cap. . agreeth with the record in effect , but not in form . that such as have been broken in the wars , and others passing the age of sixty years may be exempted for being escheator , coroner , or such like office , that they be of no juries , nor loose fines or amerciaments . the king will have consideration of soldiers ; for the other there is a statute made which shall be kept . that every man have the priviledge of the clergy , notwi●hstanding the exception of bigamy . the law therefore used shall stand . that all aliens , as well religious as others , do by candlemass next avoid the realm , and that all their lands and goods during the wars may be imployed thereto for divers causes there declared . the king granteth thereunto , and that they take shipping at dover to callice , where they shall be searched for carrying over more then for their needful expences ( except priors conventual ) and persons known to be honest , and such as be married , or in house with noblemen , finding good surety ●or their good behaviour . the print as touching retaining and liveries , cap. . agreeth in effect with the record , but not in form . that if notorious felons be committed to the bishops prison , the same bishop may more narrowly look to their purgation . the king hath so willed them , which if they do not , he will provide by law. that an escheator upon an inquest of office do not seize any mans lands without a scire facias out of the chancery . it shall be as it hath been used . that a parliament may be yearly holden in convenient place , to redress delays in suits , and to end such cases as the judges doubt of . it shall be as it hath been used . that justice be not deferred upon letters passing under the privy seal , or privy signet . that statute therefore made shall be kept . the print touching protections , cap. . in effect agreeth with the record , but not in form . note that the commons by their petition required , that every man might upon such protections aver that the party was not in the kings service , according to the surmise of his protection : whereunto was answer that averment lay not in such cases . they require to know where the staple should be if happily calice should be besieged ; and that in such distress the merchants amongst themselves might levy impositions for the safe transporting of their goods . to the first , it shall be in such places of the realm as was last used ; to the second , let them then make means to the council , and they shall be heard . the king confirmeth the pardon made to the bishop of winchester , who was excepted in the last pardon of king e. . they pray that such as in their charters have conuzance of all pleas , may thereby hold pleas of assize of no. disseisen , and morte de ancest . they shall have allowance according to the form of their old charter , and the allowance heretofore made . that no manner of eyer or trailbaston be holden during the war , or twenty years within the realm . the king will be advised . that the bishops and clergy may pay to the tallage , and subsidy of their temporal possessions , as the laity doth , which yet they refuse to do . they shall so do for all possessions come to their hands , or which they have purchased since the twentieth year of king e. . the print touching the general pardon of king e. . cap. . agreeth with the record . the print touching sheriffs , cap. . agreeth with the record . note the commons moved to have had the escheator in the same case , which was denied . that the errors of the exchequer may be redressed in the kings bench , or parliament . that no ship , boat or other vessel be forfeited as a deodand , where any person by falling out is drowned . the king will shew favour to such as seek the same , saving his regality . the print touching prisoners in the fleet , cap. . for the first part thereof doth not altogether agree with the record . and for the second part , where a man will willingly confess himself debtor to the king , the record is in the exchequer , which is left out of the print ( which note well . ) that the ordinaries do receive of the people no pecuniary pains , but inflict them with spiritual pennance . the king hath charged all ordinaries to do according to the laws of the church , and not otherwise . that it may be certainly appointed what ordinaries shall take for the probate of a testament , and making of the acquittance . the king hath charged them to take but reasonably therefore . that the king will examine the cause of the great decay of the navy . the king will do therein by the advice of the great council . that none of the parliament be appointed collectors of any thing granted now ; and that all persons whatsoever , having lay-fee , may contribute to the charges of the knights , and to all talliages . to the first , the king granteth ; to the second , the lords of the realm will not so lose their own liberties . the petitions of the clergy with their answers . that it will please the king to retain such councellors and servants as may be proved to be honest , and of good skill , and not covetous . that the king will confirm to the clergy all their liberties without any fine paying therefore . the king will charge his councellors to be as good as he may . that the clergy be not impeached before any temporal judge , for obeying the ordinances of their ordinaries . the king would the same , so as the same do not prejudice his person , crown , or laws of his land. that the clergy upon every temporal suggestion is arrested into the marshalsey , and payeth for his discharge s. d. where a lay man payeth onely d. let the grieved complain to the steward of the kings houshold , and he shall have remedy . that purveyors and builders do take of the provision of the clergy , and enforce them to make carriages against their liberties . the statutes therefore made shall be kept , with this adjunct , that for as much as clerks cannot have their remedy therefore , as the statute would , that therefore they shall have their actions against such purveyors by way of trespass , and thereby recover treble damages mentioned in the statute . the sheriffs and escheators with their wives and servants , and horse , do over-charge poor religious houses , and over that do exact great sums of money of them . the statutes therefore made shall be observed . the print touching tithes and oblations cap. . doth in part agree with the record , but not altogether ( quod nota . ) that upon consultation granted of a pension brought by one person against another , all depending before the ordinary , that the same ordinary may fully decide the cause onely . the king will charge the justices to search forth the old records , and to do thereafter . that no prohibition be granted before the whole circumstance of the matter be fully examined in the chancery . no prohibition shall be granted other then heretofore hath been , and what ever was appointed in the last parliament shall stand . the print touching tythes and averments , ca. . doth not altogether agree with the record ; quod nota . that the ordinary may freely discuss every conditional consultation . let it be as it hath been . that upon a prohibition for tythes of sylva cedua , there may be readily granted a consultation ; and that neither the judge , neither the party pursuant be impeached therefore . it shall be as it hath been . that all men flying to the church-yard or other holy places , may enjoy the priviledge thereof without any temporal watch or ward . no man shall make any ward but one of the chancery . the print touching arrests in churches , &c. cap. . much swerveth from the record ; which note . petitions for the city of london . that all their liberties with this clause licet . . any statute notwithstanding may be confirmed . to the first the king granteth , to the second , he will view the contraries , and do thereafter . they require that no stranger within the same liberty do buy or sell any merchandize of another stranger in pain of forfeiture . the king willeth the same between merchant and merchant , onely saving the liberties of the merchants of aquitain . that they attend upon no commandment of any the kings officers , but onely at the kings suit , being sealed with the great seal or privy , except the kings justices , according to their charter . let it be continued as heretofore hath been . it is enacted that the citizens of london shall by their selves enquire of customs , impositions and purprestures happening or arising within the city of london . it is enacted , that the mayor and chamberlain of london for the time being , shall have the keeping of all the lands and goods of such orphans as happen within the said city . saving to the king and other lords their right of such as hold of them out of the same liberty . that the interpretation of any word or sentence touching their said liberties which may severally be taken , may be taken according to the intent and claim of the said citizens . interpretation of charters belong unto the king , wherein if any doubt shall arise , the king by advice will make interpretation according to reason . that the city of london may enjoy all such liberties as any other town in the realm , if they have any other then the said citizens have . let them declare the especial matter and they shall have answer . that no protection royal be allowed in debt , account or trespass , wherein a free-man of london is ten pounds . for victual bought after the voyage , or service whereof the protection mentioneth , or for debt or contract after the date of such protection purchased , the king granteth . that no man condemned and laid in newgate for any debt to any citizen , be removed to answer to the king in the exchequer , unless that the kings debt be first to be due . the king hath appointed the barons and officers of the exchequer so to deal . it is to be required that for any answer here given , the kings will is , that the citizens of london be in no wise restrained of any their liberties or ancient customs approved . the commons the last day of the parliament by mouth required the lords to have good regard , that the king might have all such lands as his grandfather purchased to the ease of the commons , and also all the goods and jewels of his said grandfather , considering what had been heretofore done in other kings days in the like : whereunto was made no other answer , but that the lords wished the same for the kings part , and the soul of his said grandfather . the parliament continued from day to day from the first day , being the . of october this present year until the . of november in the same , ( viz. ) in the whole days : at the which day the bills were read , and the answers as aforesaid . and so the king giving thanks to the lords and commons for their expedition and consideration of aid , willed the knights and burgesses to sue forth their writs for their fees and so to depart . and so ended this parliament . anno secundo ricardi secundi . the parliament holden at westminster , in the quinden . of easter , in the second year of king richard the second . in the quindena of easter being the . of april , the duke of lancaster and other bishops and lords assembled in the kings palace of westminster , attending of long time the coming of the king ; at the last , for that certain sheriffs had not made the return of their writs , the parliament by the kings commandment was continued untill the next day , whereof proclamation was made openly in westminster-hall . the next day being tuesday , for the cause aforesaid , and for that sundry of the bishops and lords were then absent , the parliament by the kings appointment was continued untill the next day . the wednesday following being the . of april , the king with most of the b●shops and lords came into the parliament into the painted chamber , into the which the commons were called , before whom , sir richard le scroop , chancellor of england , by the kings appointment declared the causes of the parliament , viz● first was for the maintenance of the liberty of the church . again , for that in the end of the last parliament the king had according to the order taken , elected sundry lords and others to be of his continual council , but for the sudden breaking up of the same parliament , he was not advised of the number ; which being chosen and sworn , togeth●r with the nobles , consulted about the affairs of the realm , and the great dangers wherein the same was , and weighing the great charges which the same needed , would not fully determine the same without parliament , but for that time agreed to prepare an army of men , and a navy of ships , whereunto they lent the king great sums of money , the which navy and army he had prepared , and thereby remained to them and to divers good cities and towns in debt . he therefore willed the lords by themselves , and the commons by themselves to weigh the necessi●ies , and to provide therefore , and not to muse at the sudden calling of this parliament , considering the same was for the kings honour , and safety of the realm . he further sheweth , how for the charges of the wars born , and to be born , the treasurers of the same were and shou'd be ready to make them privy . receivers of petitions for england , ireland , wales and scotland . receivers of petitions for gascoyne and other places beyond the seas , and for the forein isles . tryers of petitions for england , &c. as above . tryers of petitions for gascoyne , &c. as above . sundry nobles are named to examine the revenues arising of the subsidy of wooll , and to examine all the revenues of the realm , viz. the old maletolt of woolls . the revenues of priors aliens , and all other receits of the king whatsoever . to examine what fees the nobles and officers received in the beginning of e. . what annuities were granted by e. . or the black prince his son ; to survey all the kings moveables , and enquire of the same ; to view the expences of the kings houshold , of callice and other forelets , and apparrelments of war ; the revenues of burdeaux , the subsidy of cloth , the possessions of cardinals rebells upon debts , upon receits of wages for the wars , and of rome-pence or peter-pence , and the arrerages due for many years . so as the king release and ease them of the subsidy on staple ware granted in the last parliament , tit . . and the d. of every . in merchandize then granted tit . . the lords and commons do there grant to the king the subsidies of woolls there granted in the said last parliament , tit . . to endure for one year longer , and a certain sum of money of every estate of the realm from the highest to the lowest . only i note every justice of the two benches , with the chief baron , to be l. whereas no earl was above l. the mayor of london paid l. as an earl. every alderman s. as a baron . every advocate s. as an advocate at law. the king being in parliament the day of may released the demand aforesaid , tit . . thenceforth to cease . william de montacute earl of salisbury sheweth the whole circumstances and process contained in the last parliament , tit . , , . the scire fac . granted the last parliament to warn edmond earl of march is rehearsed at large . upon the same scire facias awarded to the sheriff of shropshire , iohn de ludlow sheriff of the same returned the said edmond earl of march to be warned . whereupon the said earl of salisbury by sir iohn de monteacute one of his general attorneys by pattent , the same earl being beyond the seas in the kings service , as also the said edmond earl of march came into this present parliament , and hearing the return of the said writs , and process of the said earl of salisbury by his said attorney , proffered to assign the errors contained in the said record . the earl of march being there present , alledged that the writ of scire fac . is not sufficiently served , for that the writ willeth the sheriff to warn edmond mortimer earl of march , son and heir of roger mortimer late earl of march , the son of edmond de mortimer , and the sheriffs return is , that he hath warned edmond mortimer earl of march , son and heir of roger de mortimer , son of edmond de mortimer , late earl of march , which cannot be intended the same person , for that edmond the father of roger de mortimer was never earl of march. the earl of salisbury affirmeth the return to be good , and prayeth that upon assigning of examination of the errors , the judgment may be reversed . but for that the parliament grew towards an end , and weighty affairs were to be done for the king , besides the difficulty of the matter , the king gave day to either of the said parties to the next parliament with all advantages , and the matter to stand as it now doth . king e. . of certain purchased fee-simple lands , infeoffed the duke of lancaster and others in fee by deed , and caused livery and se●sin to be delivered thereupon without condition by writing , or word . long after the same king prayed the said feoffees by mouth , that therewith they should provide for the sustenance of the friars of langley , and for the nuns of dertford , and to provide perpetual obit for the countess of huntington , and another for the soul of the countess-marshal , and for other charges . whereupon all the justices and serjeants to the king there named , were straitly charged in full parliament to say their knowledge , whether the charge thus made to the feoffees after the feoffment aforesaid should by law be adjudged a condition , so as the said gift were made conditionally . all who agreed , that sithence there was nothing spoken before the gift upon the gift , nor yet upon the livery , that the kings request after they were thus in possession , could not make any condition , whereby the kings right is now thereby saved . and note that this motion was made at the suit of the executors of king e. . who were infeoffed as is aforesaid , and receiving of the profits , were forbidden the same . petitions of the commons , with their answers . the print touching the confirmation of the liberties of the church , cap. . swerveth from the record ; for the record hath saving the kings regality , which is not in the print : besides , the print is more large then the record in other points ; otherwise the print touching the great charter , and the charter of the forrest , agreeth with the record . that answer reasonable may be given to all their petitions now , or hereafter to be moved ; and that statutes be thereupon made before the departure of every parliament . such bills as remedy cannot otherwise be had but in parliament , reasonable answer shall be thereto made before such departure . that the perambulations of the forrest may be newly rode according to the walks of king e. . that the indictments of vert or venison may express the places of the trespasses , or else to be void . that any impeachment out of the bound of the forrest , may trebly therefore recover . the statutes or charter of the forrest shal be according to the law , and who will complain shall be heard . it is enacted , that in loans which the king shall require of his subjects upon let●ers of privy seal , that such as have reasonable excuse of not lending , may thereto be received without further summons , travel or grief . that all customers and comptrollers of england m●y yearly be removed . the king by advice herein will do his pleasure . that execution may be done upon such of the county of chester , and other counties palatine as are outlawed for trespasses or felonies done in their counties . the king will provide remedy therefore , saving the right of himself and of other men . that such english as are remaining in prison in scotland for things done since the truce , may be delivered without ransom , as the scots in like of custom be . the wardens of such parts be appointed for the like cases a day of meeting the last of iune , at what time good order may be taken . that sheriffs of all shi●●s , where the king for to certain his debts hath appointed to certain men sundry sums of those sheriffs receipts , may upon their accompts be discharged thereof . the king will be advised by his council . that theeves and robbe●s may speedily come to their deliverance . of all statutes made therefore , the council shall appoint the best to be executed , and the justices to make deliverance as oft as need shall require . that remedy may be had , forasmuch as by the inter comoveage with scots , the most of the woolls of the shires of york , du●esm , westmerland , cumberland , and northumberland , are transported into scotland without any custom . the king by his council will provide . that the king will appoint certain vessels for the keeping of stradborough , the men of which town with●n two years before paid l. ransom , and for the defence of the north-coasts . this matter is committed to the earl of northumberland , the mayor of london , and to certain merchants of the north , of them to be considered . in a schedule annexed to the roll , is contained the order of the parties aforesaid for the defence of the north-sea coasts , and confirmed by those estates of the parliament . that those sea-coasts shall be defended with two ships , and two barges , and two bullinge●s armed and appointed for the wars at the charges hereafter ensuing , viz. that every ship , boat , or other vessel whatsoever passing those sea-coasts , shall pay for every tun of his burthen six pence , except all vessels laden with wines or other merchandises from flanders to be discharged at london , and ships or other vessels laden with staple-ware , and to be discharged at cali●e ; the which excepted ships shall not be safe-conducted by the admiral of the sea without consideration . certain named are appointed keepers of the sea coasts , and to levie the subsidy aforesaid both by sea , and by land. certain merchants are appointed to be receivers and comptrollers of the aforesaid subsidie . the commons of cumberland require that it would please the king to repair the city and castle of carlile , in manner ruined , and at his charges to appoint a worthy guardian . the king is not to repair the same citie , but he will give in charge that it be done , about the castle he is repairing ; touching the warden , the king by his councel will do his pleasure . that provision may be found that the money carried forth of the realm may be brought in again , and not clipped within the realm ●e carried forth again . the king upon conference with the minters and merchants , will provide the best remedie . that all religious persons may according to the last parliament depart the realm , and namely the prior of halenge . if any man will specially complain , he may be heard , for the prior of halenge hath found surety . it is enacted that no sheriff of any county shall be justice of peace in the same county . that the king will pay the loans of e. . borrowed of the subjects in the . year of his raign . the king will so do so soon as conveniently he may . the like motion and answer that is made in the last parliament , tit. . that half pence , and farthings may be coyned , and commandment given to sell according to the same . upon having of bullion the king will do so . that declaration may be made of sylva cedua . as it hath been heretofore used . the print touching the statute made at glocester touching riots , cap. . doth not agree with the record , for the record doth generally revoke the said statute made at glocester ( which note : ) they require that the constable , and marshal of england do surcease to hold before themselves pleas of treason , or felony , and that the same may only be determined before the kings justices according to the great charter . the lords dare not disclose the same as well for that the heirs who claim the same office are within age , and in the kings keeping , as for that the parliament draweth to an end . but as touching the appeal of treason made in cornwal , and depending before the said constable , and marshal , the king will take the same into his own hands as shall please him for determining the same according to the laws , saving to every one his rights . that there be a certain number of justices learned in the law , which may in every shire be appointed and chosen by the lords and commons that none be by them associated ; their sessions to be holden four times yearly , and there to have fees at the sheriffs hands . the king will appointable justices , no association shall be made , no remotion without consent of the councel ; two or three of such of them as shall hold the sessions shall have the sixt part of the profit of the same untill the next parliament . a statute made that such as demand land against the king and evidence therefore by writ shewn in the treasury , that in such case who sueth for the king , shall after the return of four writs , every writ having ●orty dayes respit , answer . it is willed to be executed notwithstanding any commandment of the great , or privy seal . that the owners of the ships taken up for the kings service for their losses in the same may be considered , and that mariners may have the like wages as archers have . it shall be as it hath been used . that none of the commons house be appointed to be collector , cessor , or comptroller of any aids granted now . the king granteth , so as before their departure they in writing declare , who are most able the●efore . that the king will grant pardons to all such as will , for the only fee of the great seal , of all points of e●re , of desperate debts of any of his ancestors , and of all points of the forrest until the feast of pentecost now present . the king will be advised . that the treasurer for the wars may be discharged , and that all which is , or shall be granted , may be received by the treasurer of england . it liketh the king. it is enacted to endure untill the next parliament , that all merchants which shall bring in any cloth of gold , riverchief pearls , jewels , or furrs , and all merchants which shall transport staple wares , shall finde surety to the tower to the value of twelve pence in bullion for every twenty shillings of such their merchandise so brought in or transported . that no knight or lady under forty pound land by the year , do wear any precious furrs , cloth of gold , ribond of gold , or silk on pain to loose all that they have . the king will be advised until the next parliament . it is enacted unto the next parliament , that every goldsmith shall set his mark unto his vessel , which if it be not according to the sterling , he shall forfeit it double , be imprisoned , and sined . certain petitions of the major and aldermen of callis touching their liberties , with the answers thereunto . it is enacted , that the chancellor and schollers of the university of cambridge , shall for five years in default of the major and bailiffs of the same town of cambridge , have the punishment of all manner of victuals , measures , and weights within the said town , and also power to punish the major , and bayliffs , and their officers , if there shall be any victuallers for any such default . and it is to be noted , that of the printed statute cap. . touching fained gifts , and feoffments to defeat mens creditors there is no mention made in this record . anno secundo richardi secundi . the parliament holden at gloucester , the wednesday next after the feast of s. luke the evangelist , in the second year of king richard the second . the same wednesday , being the . day october , and the first day of the parliament , certain of the nobles met in a chamber appointed in the abby of s. peters of gloucester ; where for that divers of the lords were not come , nor the sheriffs then returned their writs , the parliament was adjourned until the next day by the kings commandment . the same thursday after , the king with his three uncles of spain , cambridge , and buckingham , the two archbishops , and divers other nobles , assembled in the great hall of the abby of gloucester , and there appointed : where the l. b. of davids , by the commandment of the king , declared the cause of the parliament as followeth , viz. first , for the liberties of the church , maintenance of the laws , and observations of the peace . secondly , for that it was enacted that a parliament should yearly be holden . thirdly , for that the king desired to see , and to consult with them so honorable an assembly there gathered in gods name , which he commendeth , willing unity and concord among them to be according to the resemblance of the church . another great cause was , for that the king being left in the midst of great wars , could not endure and maintain the same without their aid . he sheweth further , that since the great villany and damage done by the scots at roxburgh at truce thereupon taken for a time , they the same scots have allied themselves with the french , to the end to depart from the same truce , and by all means to annoy the king and his friends : all which to recite , and the charges thereof to bear , he willeth them deeply to consider . one great mischief in the commonweal , he remembreth them , viz. that the law of the land , and the law of arms do not concur together ; by certain similitudes he wisheth them of those two laws to make a relative , so as they may stand with the other . another mischief he noteth , to wit , slanderers and sowers of discord between nobles , gentlemen , and neighbours , the which kind of men he resembleth to dogs that eat raw flesh , so applying them to eat and consume living men . for all which enormities he wisheth them to seek redress , and to be there the next day by eight of the clock to hear further declarations , and the commons to keep the chapter house within the great cloister of the abby aforesaid . receivers of petitions for england , ireland , wales and scotland . receivers of petitions for gascoyne and other places beyond the seas , and for the forein isles . tryers of petitions for england , &c. as above . tryers of petitions for gascoin , &c. as above . the friday after the two and twentieth of october , the lords and commons assembled in the said great hall where sir richard le scroop steward of the kings houshold , declaring his own unworthiness there to speak , shewed them how they were invironed with enemies , and the king importably charged for keeping possession beyond the seas ; namely , that callis cost him yearly twenty thousand pounds , brest twelve thousand marks , besides ireland , cherburgh , burdeaux , and bayn , he sheweth that the old grant of the last parliament , was onely dispended in the wars , as the officers could declare ; he wisleth them to consult for the rescue , and the mean how to levie the charges . after that the commons came before the king , where sir iames pickering knight , speaker of the parliament for the commons , maketh his protestation , as well for himself , as for the whole house : and first for the commons , that if he should speak any thing which happily might be ill taken , it might be as as nothing , so as the commons at any time might amend the same : and so much for himself . he therefore rehearseth the whole charge of the parliament pronoun - the chancellor : and to the first points touching the liberties of the church , maintenance of the laws , and observations for the peace , the commons making low curtesies rendred therefore most humble thanks ; and pray god for the execution of the same . to the aid required for the king , he sheweth how in the last parliament , upon the like motion to the commons , repeating the great charges of the king , by the treasurer , they then made answer , that they saw no such cause of aid ; whereunto for the king it was then replyed , that the kings coronation was chargeable , and that if the commons would grant such reasonable aid , whereby the king might thereby provide an army , that they nothing doubted , but that the king of himself might continue the same without charging them of long time ; upon which promise and hope the commons did then grant the same large aid , and being now unable to do the same , require pardon thereof , thinking that a great part of the same grant , remained yet in the kings treasury . the said sir richard le scroop not knowing any such promise of discharge made in the last parliament , charging them with un●ruth for surmising any rest of the last grant to be ; and thereto calleth for witness william walworth , and iohn philpot citizens of london , and treasurers appointed and sworn . thereupon the commons make request to know how and in what manner the same sums were defraied , whether some were not therefore indebted , and who should be councellors and great officers about the kings person for this year . the said sir richard le scroop by the kings commandment answered , that albeit there never was account of subsidies in or out of parliament , yet notwithstanding the king would that the said william and iohn with others of the kings council should shew them the same , so as the same should be taken for no example . touching any of the kings debts , the exchequer used not to forget them . touching the kings officers and councellors , the king will chuse them according to his pleasure , and thereafter make them prevail . he therefore willeth the lords , as knowing the necessity , to have due and speedy consideration thereof . the commons require longer day for the exhibiting of the●r petitions , which was granted . they also require the enrollment of the aids and subsidies granted the last parliament ; the which was granted at the kings pleasure , and not at their request . the commons then require that five or six of the lords might be appointed to come to discourse with them ; the lords denyed that , saying , the same was the guise of two or three parliaments before ; but theirs was that the lords should among themselves chuse a certain number , and the commons the like ; and that they should confer together which they would do ; for if the commons would not dissever themselves , neither would they the lords , to which order the commons agreed . after the commons had reviewed the enrollments of the receipts and expences about the wars , they eftsoon returned into the parliament and commended the same as very honourable ; only they said that touching the forty six thousand pound defraied about the marches of callice , brest , and other places of gascoign , and certain ransoms of prisoners should not run in their charge , considering those defences were out of the realm . thereunto was answered , that those places were the very barbicans and propugnacles of the realm ; the which being well defrauded , and the sea kept , we should then enjoy peace at home , and not otherwise . the commons then thought the goods of king e. . able to serve the turn . whereto was answered , that the same goods were justly praised and delivered to certain his creditors , ( except certain implements of houshold ) wherefore the king stood bound to pay the value to certain of his cred●tors . the archbishop of canterbury came before the king and lords , and required audience , giving first most lowly thanks for the confirming of the liberties of the church . he then required that the great villany done in the abby-church of westminster may be revenged , viz. for that robert hamley esq. and one other were murthered in the church of westminster by the high altar at high mass time . and so beseecheth that the king may be vertuously brought up in his youth , and have good counsel . the temporal lords on the contrary wished for the like bringing up of the king in vertue ; ●nd pray the king , that where the clergy hath incroached against the laws , that the same may be redressed . they further say , that the judges and learned of the law , and certain doctors of the divine , civil , and common law , being examined and sworne before the king , have thereby affirmed that no man ought to enjoy the sanctuary in cases of debt , accompt , or trespass , but only in cases where the life or member of a man lieth in danger . all which those doctors and clerks did after in this present parliament defend and openly prove against the bishops , whereunto the bishops could not then answer , but required longer day , which was granted . note , in this record are made certain reasons against sanctuary for debts , about which priviledge it appeareth this hurly-burly to have been . the lords and commons grant to the king the like subsidy of wooll and staple ware , as was granted in e. . tit . . but expressed in e. . tit . . for one year over and above . which said subsidies they granted to the king , as a new increase of the same subsidies : thirteen shillings four pence of every sack of wooll ; th●rteen shillings four pence for every twelve score wooll-fells ; twenty six shillings eight pence of every last of skins passing out of the realm , of all manner of persons for one year . they also grant to the king six pence of every twenty shillings merchandise passing or coming into the realm . they require the king to imploy their grants to the maintenance of wars , and to appoint suff●cient and able treasurers therefore as lately ; and to take these their grants in good part , for that by plague , war , and murrain , they are able to do no more . william of montacute earl of salisbury , rehearseth the old petition contained in r. . tit . . & . and prayeth as there is redress . the writ of scire facias , whereby the earl of march was willed to appear . the sheriffs return upon the same scire facias , that the same earl of march was not found within this bailiwick , neither any lands or tenements to be warned thereby , who was sheriff of shropshire . whereupon the said earl of salisbury required another scire fac . for to warn edmund now earl of march , the son and heir of the said roger , to be and answer at the next parliament , which was granted . the lady nevill of essex complaineth and sheweth , that where iohn brewes and others brake her house at london , and violently took thereout margery the daughter of iohn nerfourd son to the said lady , and carried her away unto the house of robert howard knight ; all who kept away the said margery , to the end she should not pursue in court christian adnullation of contract of matrimony against the said iohn brewes . for which cause the said robert was by the council committed to the tower , and after delivered surety , and promised to do his uttermost to bring forth the said margery by michaelmas ensuing , or else to yield himself prisoner to the tower again . the said robert at michaelmas came before certain of the council , and shewed his travel about the expedition asore , but that he could not meet with her . to whom the said council gave three moneths of longer respite . notwithstanding upon the said ladies pursuit , for that the said robert not bringing forth the said margery , did not yield himself prisoner to the tower , the same robert was therefore committed to the tower again . sir william of windsor and alice his wife , late called d●me alice perrers , pray the revocation of a judgment made in the last parliament , tit . , , . against the said alice for errors therein contained . the record was brought forth , and errors assigned . but the kings learned council adjudged , and the kings favour they could not sue in such wise , but require that by a●torney they might sue therefore . whereupon the said william and alice his wife , late called dame alice perrers , by a new bill required , that they by edmund clay and robert brown their attornies might pursue the reversal of the said judgment . the king committed the matter to the lords order , who licensed them by the kings favour to pursue the same as above . the citizens of norwich require , that no stranger within their liberty may there sell or buy any merchandise by retail , on pain of forfeiture . there is a statute hereafter made therefore , which shall be kept . it is enacted for the citizens of norwich , that if their customs and usages heretofore used , or hereafter to be used , be difficult or defective in part , or in all , or that the same need any due amendment for any new matter arising , whereof remedy was not before that time had , that then the bailiffs and citizens of the same city , so therefore yearly to be chosen , or the greater part of them , shall from henceforth have power to ordain and provide from time to time such remedies which are most agreeable to saith and reason , and for the most profit of the good and peaceable government of the same town , and of strangers thereto repairing , as to them shall seem best , so as such ordinances be profitable for the king and his people . petitions of the commons , with their answers . that the liberties of the church , the great charter , and the charter of the forrest may be maintained . the king granteth thereto . the commons of the dutchy of cornwall shew how by the taking up of their mariners lately , the spaniards burned all their ships , and otherwise much endammaged them . the like complaint made at the sea-coasts , and therefore prayen remedy . the king by the advice of his council will provide remedy therefore . that every disseisin may maintain his assise against the principal disseisor , albeit they make over feoffments to others in maintenance . the statute made therefore in the last parliament shall be kept . the print touching riots and routs , cap. . agreeth with the record . they pray remedy , for that sundry men without any cause are called into the exchequer to account for sweet wines and scotish money . the king will cause the officers to see the same amended . they require remedy against the extortions of ordinaries for probate of testaments , and against the slights of false summoners there uttered , unless the poor do bribe them with money , which they call the bishops arms. let declaration be made that the old laws do not provide therefore , and remedy shall be found . that declarations may be made in what sort men shall pay tythe of their wood. as it hath heretofore been used . that men may enjoy their purlieus freely , and that perambulations may be made as was in time of king henry . the king thinketh that the perambulations be duly made , and who will may complain , and shall be heard . that no man by writ or otherwise be to answer of his freehold before the council , but only at the common law. no man shall be forced to answer finally thereunto , provided that all persons shall answer before the council of oppressions . that the poorer sort of justices of peace in every shire may be removed , and more able in their place . the chancellor , treasurer , and other of the kings council shall in such cases appoint the most able . it is enacted , that no justice shall stay justice for any writ of the great or privie seal , or other commandment whatsoever , the same being against the law or statutes before that time made . it is enacted , that all cities and corporations may have their liberties confirmed according to the grant of the last parliament . that all patents of farms as well of denizens as aliens , may be confirmed , and not repealed . the king granteth , but where there are extents duly returned , or for other reasonable causes . that all small merchandises shall be carried to callice , except as is contained r. . tit . . that the justices of the kings bench for the delivery of prisoners , may have power to grant nisi prius without writs of the chancery , or the privy seal . as it hath been , it shall be used . it is enacted , that no escheator shall remain escheator in the office above three years . they pray that all lords holding as well of the king , as of other nobles , may contribute to the payment of knights fees of the parliament . see the next parliament , tit . . it shall be as heretofore . that all sheriffs upon their accompts may be allowed for such liberties as have been granted to any person according to the rate of his or their fee farm . the lords during the kings minority cannot so deal , but they will understand of the case whereby remedy shall be provided . the commons of essex and hartford-shire pray , that the sheriff of the same may yearly be discharged of one hundred pounds , parcel of his fee-farm , which for certain causes there expressed he cannot levy . the king of his meer good will hath pardoned them an hundred marks yearly for three quarters ensuing . the print touching labourers , cap. . agreeth with the record . divers towns upon the marches of wales pray that they may not be distrained or impeached in wales , but where they are debtors , su●tors or trespassors . the king and the lords of the marches will provide remedy therefore . they require that the justices of the peace may be allowed some certain fees. two or three of the justices , such as shall hold the sessions , shall be only for one year , and receive the sixth part of the profits of those sessions . it is enacted , that the statute made in the . year of edw. . cap. . touching taking away of delays , shall be observed . the commons of the county of kent pray , that remedy may be had for the better keeping of the sea-coasts ; so as the nobles having great part of the same , they may contribute thereto . the king by advice of his council will provide remedy . divers counties bordering upon severn , require that the statute made against kidels , stauks , and stakes raised upon rivers , be executed . it liketh the king. it is enacted , that no man shall be put out of his freehold by any letters-patents granted upon suggestions , unless the same be found for the king by enquest , or by evidence in the kings court. that some remedy may be found against the taking of sundry mens ships , whereby they have been spoiled , to the utter decay of the whole navy . the king will therefore make the best provision he may . that remedy may be provided against the barks and ballingers of normandy upon the north parts of tyne , and thereby taking and spoiling divers and sundry english boats since the last truce . the king by advice will provide remedy . that remedy may be had against such labourers , as to avoid the same slee into cities or towns , and there become clerks or artificers . the king will herein do his best . that some order may be taken touching aliens , having the greatest part of the church dignities in their hands . the king by advice of the lords will provide therefore . it is enacted , that all cardinals to pope urban that now is , shall be seised into the kings hands . the commons of the isle of wight pray remedy , for that most of the inhabitants , by loss of enemies , and payments , have forsaken the same isle . the king will do his best . it is enacted , that all the statutes made in the time of e. . shall be observed . the statute touching merchant-strangers to sell their ware within any port of the realm , and in the book cap. . is so bemouldred and defaced , as much of the record wanteth . the record touching merchant-strangers in the book cap. . in like sort much impaired . the print touching mariners , cap. . agreeth with the record . an act , that pope urban was true and lawful pope ; and that the livings of all cardinals and other rebels to the said pope shall be seised in the kings hands , and the king to be answered of the profits thereof ; and that whosoever within this realm shall procure or obtain any provision or other instrument from any other pope then the said urban , shall be out of the kings protection . it is enacted , that from henceforth the officers of london shall not exact or demand of any the clergy or lawyers of this realm , justices , sergeants , or other learned in the law , or otherway , who lie in london , and not make their continual abode there , any tenths or fifteens , or other taxes for any their goods there remaining . look r. . tit . . it is enacted , that the town of yarmouth shall have their old liberties confirmed , with their liberty of their fair of herring within the same town , and with the rod kingly in such wise as king e. . did by his charter to them lastly granted , with the clause of licet , without any fine paying ; so as all manner of men , as well denizens as strangers , may freely buy and sell herring within the same town during the said fair freely , notwithstanding the repeal lately made . and it is to be noted , that statute cap. . touching tellers of news of noblemen or councellors , is not in the record , nor any mention thereof . quod nota . anno tertio richardi secundi . rex charissimo avunculo suo johanni regi castelli & legionis , salutem● apud westm. die lunae post festum hillarii . teste rege vicesimo die octobris . consimiles literae subscript . edmundo com. cantabr . tho. de woodstock com. buck. & constab. angliae . ricardo com. arundel . edmundo de mortuo mari , com. marchiae . tho. de bello campo , com. warr. hugo com. stafford . gilberto de umfravill , com. de anegos . willielmo de ufford com. suff. willielmo de monte acuto com. sarum . hen. de percie com. northumbr . guiscardo de angle com. hunt. johanni de mowbray , com. northampton . edmundo courtney com. devon. jacobo de audley de heleight . willielmo de latimer . willielmo bardolfe . rado basset de drayton . guidoni brian . rogero de bello campo . johanni de clinton . gilberto talbot● willielmo bottereaux . johanni de wa●re . henrico de scroope . johanni de nevill de raby . hen. de ferrariis de groby . tho. roos de hamalake . richardo de stafford . johanni gray de codonore . hen. gray de wilton . reginaldo gray de ruthin● mauritio de berkley . johanni de arundell . warino de insula . henrico fitzhugh . richardo de scroope . tho. darcye . nich. burnell . willielmo la zouch de harringworth . rogero de clifford . alm. de sancto amando . johanni buttort . johanni lovell . rogero de scales . richardo de cromwell . michaeli de la poole . petro de malo lacu . rado baroni de greystock . waltero fitzwalter . roberto de fe●rariis de weme . roberto de harrington . tho. de morley chr. willielmo de furnivall . willielmo de aldborough chr● johanni de cobham de kent . hugoni de dacre chr. roberto de willoughby . johanni de wells . johanni de clifford . rogero le strange de knokin . edmondo com. cantabrigiae , custodi quinq . port. anno tertio richardi secundi . the parliament holden at westminster , on monday next after s. hilary , in the third year of richard the second . the same monday being the . of ianuary , as well the king in proper person , as sundry bishops , lords and commons came to westminster ; where for that divers lords were not come by reason of great rain late before fallen , nor sundry sheriffs returned their writs , the parliament by the kings commandment was adjourned untill the next day , and thereof open declaration made in the chamber de pinct , with charge that all men do return the same next morning . the tuesday following , the king with divers bishops , lords and commons came into the said chamber de pinct , where the knights and burgesses were called . after which , sir richard le scroop knight , chancellor of england , by the kings commandment declared the causes of the same assembly . first , for the liberties of the church , maintenance of the laws , and preservation of the peace . secondly , for that the regality of the kings crown was greatly impaired by sundry means , as well by the court of rome as otherwise , wherein the provisions therefore made were as well to be executed , as further remedy to be provided for . thirdly , to consult how to resist not only the enemies of france , spain , and scotland , who had raised hot wars , but also to suppress the rebels of ireland and gascoin , and how to defend the kings dominions beyond the seas . all which , for that the same could not be accomplished without their aid , he willed them to be advised thereof , shewing them further that the lords of the great council should , when they would , make them privy as well to the receipts of the last grant and subsidies of staple-ware , as of the disbu●sing of the same . receivers of petitions for england , ireland , wales and scotland . receivers of petitions for gascoin , and other places beyond the seas and of the isles . tryers of petitions for england , ireland , wales and scotland . tryers of petitions for gascoin , &c. as above . after which the lords and commons were eftsoons assembled in parliament , where the chancellor made further declaration of the causes of their assembly , shewing of the grant made by them at gloucester , of the new increase of woolls , and six pence of every twenty shillings in merchandise or wares , and the revocation of the same at the next parliament , upon grant of singular persons , which was promised to have been able to have furnished twenty thous●nd men of arms , and so many archers , where the charge of the soldiers came to fifty thousand besides many other charges there declared , for the which the king stood indebted , whereof he willed them to have due consideration . after their charge given to the commons they returned into the parliament before the king and lords , bringing in sir iohn gildesbrough knight , whom they had chosen then to be their speaker ; who making his protestation , required , that whatsoever he should speak , and be taken in evill part , might be imputed to his ignorance , and not unto the commons . and if that happily he should speak contrary to the expectation of the said commons , that they then at all times amend the same . he saith then , that the commons suppose that if the king were reasonably governed in his expences within , and without the realm , that he should little need to charge his commons , being already much impoverished . and therefore they require the king to discharge the lords of the great councel , and to appoint about him only five councellors , being his chief officers , viz. the chancellor , treasurer , keeper of the privy seal , chief chamberlain , and the steward of the houshold , whose names they would know● and that they should not be removed without parliament , but for death , sickness or such like causes . finally , he requireth that it would please the king to appoint by commission certain such as should enquire by all means of the kings charges as well of houshold , as otherwise , and of all his officers beyond the seas , as on this side , and to appoint redresse for defaults since his coronation . the king after that granteth to such commission , and to the persons therein named , according to the form following , his estate and regality always saved . the whole form and commission it self with the names of the commissioners very large , and worthy the noting . the lords and commons do grant to the king one fifteen and a half to be taken out of the cities and towns , and one desme , of fifteenth and a half to be taken within cities and towns by way of a loan untill the next parliament , and to be levied according as the last were , so as the same be only imployed upon the warrs . they also grant unto the king the subsidie of wools , woolfels , and skins , from the feast of s. michael next , until michaelmas then next ensuing , in such wise as was granted in the last parliament , beseeching that in the mean time there may not other subsidies be asked of the commons . for a more declaration of the statute of treason made e. . it was adjudged by the temporal justices , and confirmed by parliament , that where one iean imperial ianeois , of s. meces in iennes , came as an ambassador to the king , under the kings letters of safe conduct for alliance to be had between the king and the duke , and commonalty of iennes , the aforesaid iean so being under the kings protection was murthered in london , by some of the kings subjects : that such act and stroak was treason , and a fault of the kings royal majesty impaired . william de mountagne earl of salisbury cometh into the parliament in proper person , and by petition sheweth the whole matter contained in the last parliament , tit . , , , , , . and sheweth how long he had sued , and that day was given him until this present time ; requireth that sir iohn cavendish knight , there present , before whom the matter was , might bring before them the old process and record , and that he might assign the errors , and they proceed to judgment . whereupon sir iohn bishopstone clerk , and servant to the earl of march , in the absence of the said earl then being in wales in preparing himself towards ireland , where he was appointed to be the kings lieutenant , sheweth the kings protection made to the said earl of march for one half year . the words of the protection being read , as it is there word for word , and allowed , and the said earl of march to go without day . philip darcy knight sheweth , that whereas king edw. . granted to iohn darcy knight the reversion of the mannors of temphurst and templemeston , and to his heirs males , which was the said philip : the prior of s. iohn of ierusalem in england , upon the order of e. . had sued a scire facias against the said philip , where the said philip prayed in aid of the king as in reversion , and that the said prior sued in the chancery for a procedendo , which he requireth to be stayed . the said philip sheweth a deed in the parliament , whereby the predecessor of the said prior granted those mannors of flaxfleet , being then in the kings hands , together with the mannors of dennis and stroud next rocestre , all being parcel of the lands of the temple to king e. . in fee ; the which deed the same prior seemeth to deny : but the same being so shewed before , was delivered to the treasurer and barons of the exchequer as appertaining to the king , and order taken that no proceedings should be granted until michaelmas after ; that in the mean time search might be made for the kings title . iohn earl of pembroke being in the kings custody , and william la zouch of harringworth , cousins and heirs of william cantlow , shew , that where thomas the son and heir of sir robert roos of ingmanthorp , sued them for certain lands in the shire of york , which late were the said williams , supposing certain feoffments to be made by the said william without condition for the advantage of this complaint . and for that the said thomas sought to come to the trial of the country , which he had corrupted , they required redress and trial by the parliament . the matter was committed to iohn knevit and iohn cavendish chief justices , and to robert belknap chief justice of the common-pleas , to examine and make report , who did so at large ; whereby it falls out that the said feoffments were made upon condition , as may there appear . petitions of the commons● with their answers . the print touching the liberties of the church , cap. . and observation of laws , cap. . in effect agreeth with the record , but not in form : besides , in the record are contained the great charter , and the charter of the forrest . sundry counties lying upon the sea-coasts , by name require that all chieftains of soldiers do recompence the harms done to the subjects by any of their soldiers while they lay for passage over . the king granteth , so as the parties do make complaint to such chieftains before their departure out of the realm . the counties of northumberland , cumberland , and westmerland , require consideration of a warden and garrisons to lie on their marches ; and that it may be commanded to all such as have castles , forts or lands , as well within those countries , as upon all the sea-coasts , that they dwell upon the same . to the first , the king will provide . to the second , it is so commanded . that no meer welsh-man do purchase or procure any lands or lease in any of the counties between the river of severn and wales , on pain to lose the same to such on whom it is holden . to their purchase the king granteth , so as such meer welshmen cannot find sureties for the peace and good behaviour . certain counties bordering upon the marches of wales , require remedy against such welsh-men as come into their counties , committing sundry robberies , rapes , felonies , and other evils . the king by the advice of the lords marchers will provide remedy . they require that no person upon an inquest of office by the escheator be put out of his lands , finding sureties to answer to the king if it be found for him ; or that no patent be thereof granted . the statute therefore made shall be executed . the print touching the making of woollen clothes , and in the office of alnager , cap. . agreeth with the record . they require paiment of divers loans made unto the king upon privy seals , the day being long past . the king will pay the same with all opportunity . they require that none of the five principal officers now appointed by parliament , be displaced before the next parliament , without some special fault found in them . the statutes therefore made in this kings first year shall be observed . that the english merchants may be answered of the scots goods remaining within the realm , for such their goods as are taken in scotland . the king will do what may be done from time to time . that parsons or vicars have nor require any mortuaries of the armor of any man , but that the said armor may remain to their heirs and executors . it shall continue as it hath . the print touching provision , reservation , and such merchandise from the court of rome , cap. . in effect agreeth with the record , but nothing in form : for the print doth make no mention of the popes abuses , ne once to name the pope , where the record doth altogether , as saying that such novelties and abuses crept up lately , viz. since the time of clement the first . it declareth that pope gregory promised to edw. . to cease all such doings ; and that urban that then was , had notwithstanding granted unto one cardinal alleine the priory of decburst , which never before was heard or suffered . that he had granted to the cardinal of cisteron , a rebel to the king , an expectation through the province of kent , with the clause of ante ferri to the tax of four thousand pounds in florins ; and to the said cardinal the archdeaconry of bath , besides divers and many others . anno quarto richardi secundi . rex &c. charissimo suo avunculo johanni regi ca-castellae & legionis , duci lancastriae &c. salutem . apud westm. crastino die johannis ante portuam latinam : teste rege vicesimo quarto die martii . consimili●er subscriptis : thom . de woodstock com. buck. & constabular . angliae . thom. de holland com. kant . ricardo com. arundel . thom. de bello campo com. warr. hugo com. staff. edw. de courtney com. devon. willielmo de monteacuto com. salis. hen. de percie com. northumb. johanni de moubray com. nottingham . jacobo de audley de helleigh . willielmo bardolf de warmegy . guidoni brian johanni clinton . gilberto talbot . johanni le ware. henry le scroop . tho. rosse de hamelake . johanni de nevill de raby . johanni gray de codenore . henry grey de wilton . reginaldo grey de ruthin . mauritio de barkley . warrino de insula . henry fitz-hugh . ricardo scroop . nicho. burnel . willielmo la zouch de harringworth . rogero de clifford johanni buttort . rogero de scales . rado . de cromwel . michaeli de la poole . petro de malo lacu . tho. de berkley . willielmo de thorp . willielmo de windsor . rado . baroni de greystock . roberto de harrington . roberto de willoughby . johanni de clifton . johanni cobham de kent . hugoni de dacre . rogero de strange de knokine . willielmo de furnival . willielmo de alde burgge ricardo de seymore . rado . basset de drayton tho. dacre tho. de morley . johanni bourchier . waltero fitzwalter . johanni lovel de hichemerch . johanni de monteacuto . roberto de ashton , custodi quinque portuum . anno quarto richardi secundi . the parliament holden at northampton , the munday next after the feast of all saints , in the fourth year of richard the second . on the same munday being the fifteenth day of november , certain bishops and lords assembled in northampton , in a chamber within the priory at s. andrews therefore appointed , where the archbishop of canterbury and chancellor caused the great charter to be read ; which done , for that sundry of the lords and commons were not come by reason of the foul wayes , much imp●ited by a continual and outragious wet season ; and for that the sheriffs had not returned their writs , the same parliament by commandment of the king who then was come in person to the mannor of 〈◊〉 was adjourned to thursday morning next ensuing . the same thursday the king being accompanied with sundry bishops , and not many lords temporal , for that the duke of lancaster and many of the lords were then appointed to be on the marches of scotland , came into the chamber aforesaid , whereunto were called the kings justices , serjeants , advocates , and commons ; where the chancellor aforesaid , for his introduction made a good collation , which is not expressed . he then declared , that the kings mind was to maintain the liberties of the church , and to see the common peace preserved ; and that the especial cause of the parliament was , for that the king in setting forth the duke of buckingham with a great army of men into france , for enterprizing this voyage into scotland ; and for defending 〈◊〉 and other places beyond the seas , had not only defraied all that which they granted to him in the last parliament , but also was therefore enforced for making of exchanges and shifts , to lay in manner his whole jewels to gage ; all which to them was not unknown . he willeth them to consider the same and how farther the king was bound by sundry means now to maintain not only the same charge now begun , but also to make ready certain gallies , and to keep the sea , which were a matter impossible for any christian prince to accomplish of himself without aid ; about which , and with the circumstances thereunto , he willeth them to consult , and speedily to give answer . receivers of petitions for england , ireland , wales and scotland . receivers of petitions for gascoyne and other places beyond the seas , and for the forein isles . tryers of petitions for england , &c. as above . tryers of petitions for gascoin , &c. as above . the chancellor then willed the commons to depart to their lodging , and to return next morning unto the new 〈◊〉 within the same priory , there to consult , and to forget all manner of rancour and malice . after that the commons had for one day consulted , they came into the parliament into the kings presence , where sir iohn oldersburgh knight , the speaker , desired a more fuller declaration of the kings necessity ; and what sum total he would require therein , requiring due consideration of the commons poor estate , being sundry wayes greatly impoverished . whereupon was delivered unto them by the kings great officers and councel a schedule , containing divers particular charges , amounting to the sum of one hundred and fifty thousand pounds . the commons after came before the lords● requiring a moderation of the same sum , and that it would please them to consult how the same might be levied . after long debate betwixt the lords and commons for the levying of this sum , as by sundry particular devices doth there appear , the commons offered to give an aid , so as the clergy who had the third part of the realm , would thereof pay one third part , which was fifty thousand marks , and the commons an hundred thousand marks . the clergy answered , that they were not to grant any aid by parliament , but of their free wills , and therefore willed the commons to do their duties , and they would do their own . hereupon the lords and commons granted to the king of every person being man or woman , passing the age of years , and being no begger , twelve pence , to be levied of every person of every parish according to their estate ; so as the rich doth bear with the poor , and that the richest for him and his wife , be not set above twenty shillings , and the most poor for him and his wife , no lesse then one groat . they also grant to the king the subsidies of wools from the feast of s. martin then ensuing , unto the feast of the nativity of our lady then following in such wise as was granted in the last parliament . sir ralph of ferriers knight , who was arrested by the duke of lancaster , on the marches of scotland , for suspition of treason , as adhering unto the french , the kings enemies , was brought into the parliament before the lords to answer thereto . divers letters under the hand and seal of arms of the said sir ralph and sent to sundry french lords , as to the lord de la river , the earl of longvile , the lord de clisson , the lord admiral and others , were openly shewed , and read in parliament , before the said sir ralph . the contents of the letters were humble commends and certification , how that he in the behalf of the french had taken league and confirmed alliance with the scots ; and to &c. made the first payment requiring them to make the second payment ; occurrences touching the preparation of the english against the french , request to remember his fee , and to give credit to the bearers of these letters , who were to say much , and also touching the delivery of the infants of bois . the letters to the french admiral , willed him about michaelmas to arrive about london , where he should have a fair day to lay up clerks , the bearer of the same letter for that he had discovered his councel had it not been for the promise of franks . the bearers of these letters , and entents were his said clark , one iohn fry , and another ; but the most faithful were frier william and cannon who were often liegers in france . the letter of frier william to the same sir ralph sheweth , how he sped well with the whole councel of france , that a way was found for clark that he would bring the ransoms of the infants of boys , and his annuity or see of the french. the same sir ralph being brought into the parliament by the marshal of england , required councel , which was denied him ; he then being willed to answer to those letters , beginneth a long circumstance of his acquaintance in france , of his service there in king edward the thirds time , at which time he kept holds when others did not , how he was captain of callis ; in which times he might have done hurt , and did not ; he therefore alledged the same to prove innocency , and the unlikelihood of this . whereupon the said sir ralph was remanded to prison , and divers of his familiers being called into the parliament house , as the parson of brington and others , together with the beggar who first found these letters beside london ; the whole matter was examined , and for that it appeared that certain of the letters sent by the same sir ralph , to the parties beyond the seas , were sealed together with other letters sen● from thence to the same sir ralph , also sealed all of one hand ; and for that also that the seal was larger then the seal of the said sir ralph , it seemed forged by some of his enemies for his overthrow . in the end , the same sir ralph being once or twice urged to answer , whether these letters were his or no ? answered , that he did not remember that they were his own letters , and that he was ready to approve , as they should think good , before which his last answer he offered the combate with any that would , where from he was put . and therefore as otherwise the lords thought the same sir ralph to be thereof innocent ; wherefore he was committed to the custodies of the earls of warwick , stafford , salisbury , northumberland , to reynold grey of ruthen , and the prior of s. who became pledges body for body for the said sir ralph , to answer when he should be called between that and the next parliament , and so the said sir ralph was set at large , the said letters and his seal being of silver , were delivered into the custody of sir iohn cavendish chief justice of england . the beggers being thought to be privy to this falsehood , was committed to prison , the parson of brington , and other the friends of the same sir ralph being delivered . petitions of the commons , with their answers . that the great charter and charter of the forrest , and other statutes of the realm may be observed . the king granteth thereto . that the commission sealed in the last parliament , for the survery of the kings charges may be proceeded , and that the commissioners may have reasonable fees allowed them . it pleased the king. that it would please the king to provide that the subjects may be eased of their importable tallages to the wars . the king will so do , saving his honour and estate . that this tallage now granted may be only imployed upon the charge of the earl of buckingham , and lords with him in britain , and and for the keeping of the sea. it pleased the king that it be dispended about the defence of the realm . that the county of chester , the bishoprick of durham , and the cinque-ports , may be comprised within this tallage . the king granteth for the cinque ports onely . that half pence and farthings may be coyned according to the sterleage . the king will do for the ease of the people . that no ship or vessel be taken for a deodand where any person thereout falling is drowned . upon complaint the king will shew favour as heretofore hath been . that remedy may be had against the normans ships of the sea. the king will do the best by advice . that the statute of granting writs of and may be observed , and that all such as shall have the same , may be sworn by themselves , and others being of good name , and that their suggestions are true in all points . the statute therefore made heretofore shall stand . that no outlawry be pronounced against any man unlesse the addition , sirname , place , or town , where he dwelleth be therein . the common law with the statutes do suffice therein . that no man be put out of his lands by an enquest of office by the escheater , nor patent thereof granted to any person , before the kings right be discussed . the statutes therefore made shall be kept . that the sheriffs of essex and hartford may be discharged of the hundred and ten pound yearly which they cannot receive . after the expiration of pardon of an hundred marks for two years , the king granteth the like pardon to the same sheriff for three other years . the counties of northampton , suffolk , and other counties pray the revocation of the charter of great yarmouth , lately made for the annexing of kirkley rode to the same haven of yarmouth , and that no man should buy herring within seven miles of the same rode. the commissions lately cer●ified into the chancery by the earl of suffolk , and others , shall by new commissions be examined , for that the said liberties were granted thereupon , that the king may do therein the best ; and in the mean season that they of yarmouth by writs be commanded only to use their liberties . it is enacted , that all men may carry their butter , cheese , and victuals for one year to any place being friendly to the king. they pray that the bounds between the parties of holland and kesteven , viz. between the water of land , and the water of witham , and surrounded , may be by commission newly made . it pleaseth the king , if no contrary cause be shewed . the commons of the county of derby pray that the assizes and deliverances of the same county may be holden at derby , and no more at salop. the king will charge his justices to keep the same in the most convenient place . upon the complaint of the county of sussex and surrey , it is enacted , that the sheriff of the same shire towards his charge of fee-farm shall upon his account be allowed yearly fifteen pound , which the earl of arundel payeth for his liberty . that provision may be had against the popes collectors , for levying of the first fruits of ecclesiastical dignities within the realm . there shall be granted a prohibition in all such cases , and other cases where the popes collector shall attempt any such novelries . that all manner of debts of king edw. . may be paid . the most is , and the rest shall be . that all priors aliens may be removed out of their houses , and licensed to depart , and never to return , and that englishmen might be placed in their livings answering to the king at they did . the king will be advised . that none who hath been sheriff shall be so again . the statutes therefore made shall suffice . a pardon granted of certain felonies under a form . that remedy may be had against the hainous riot of certain in york , who displaced one iohn gisburghthohel , the sworn major there , and unduly chose one simon in his place , and him swore to be major . commissions shall be directed to the earl of northumberland , and others , fully to enquire , and to certifie the same . that two sergeants of arms do fetch and bring up twenty four of the heads of these rioters to the councel . that the said simon be commanded to surcease any longer to play the major , and that he appear before the councel . that iohn de gisborn be commanded by writ to execute the office of the said majoralty . that the bayliffs and other officers be appointed to attend on the said iohn . that the statute touching wines may more particularly express the gageage of all kinde of wines . the king would the statutes to be viewed according to their demand . anno quinto richardi secundi . the parliament holden at westminster , the wednesday next after iohn port-latin , in the fifth year of king richard the second . the same wednesday , the king in person with certain bishops and lords came into the parliament : but for that certain sheriffs had not returned their writs , the parliament was adjourned untill the thursday then following . the same thursday the king with sundry bishops and lords came into the chamber de pinct at westminster , whereinto all the commons by name were called ; before whom sir richard le scroop knight , chancellor of england , declared how in the last parliament was granted to the king the subsidy , with proviso that the same would suffice to serve the kings turn touching shifts for money . since that , the king by advice of his great council of lords gathered at windsor , hath determined to make in his own person a voyage royal into france , whereto every lord had promised for one year to serve him with certain men of war for single wages ; and that upon conference with certain merchants for money for so great an exploit , they were come to talk for the only assurance of the same . for which assurance , and for a stay within the realm in the kings absence , the parliament was called ; whereabout he willed the lords and commons to consult . receivers of petitions for england , ireland , wales , and scotland . receivers of petitions for gascoine and other places beyond the seas , and the isles . tryers of petitions for england , &c. as above . tryers of petitions for gascoine , &c. as above . the friday following , the commons desired to know what sum would serve the king. whereto was answer , threescore thousand pounds ; for the which the king would give good assurance to be made unto the creditors by the advice of the lords and commons . the saturday after , the knights of the shires by themselves required of the lords , that the merchants might be conferred withall , for they had most knowledge therein . whereupon sundry merchants there named are appointed to talk with them . whereon when the commons had fully debated with the knights of the shires , they made relation to the lords , that they knew no way how to levy the same sum , for that the merchants fearing the example of michael de la pool , and other merchants who in the like shifts were undone , and yet had but little gain , doubted to do the same ; only they offered that if the lords , esquires , and earls of the realm , would freely lend to the king any notable sum , they would finde surety therefore , and otherwise they would not deal . for that the king perceived that the merchants would make no means , or shift for the money , the king establisheth the order ensuing for passage over of wools , thinking thereby the more speedily to come by great sums to his content . the print touching merchant strangers cap. . agreeth with the record . the print touching the staple to be open to all merchants whatsoever , cap. . agreeth with the record . the print touching a subsidy for keeping the seas , cap. . agreeth with the record . the print touching the old estates that ought to come into the parliament , cap. . agreeth with the record . the print touching the inquiry of heresies , cap. . agreeth with the record . anno quinto richardi secundi . the parliament holden at westminster , the day after all souls , in the fifth year of king richard the second . for that this year all souls fell on saturday , the parliament was adjourned until munday ensuing , on which munday the king and many bishops and lords came ; but for that sundry sheriffs made no return of their writs , the parliament was adjourned untill tuesday after , on which day the king and lords and bishops came into the white chamber at westminster , and caused the names of the knights and burgesses to be called ; where upon the default of sundry of them the parliament was therefore adjourned unto wednesday after ; on which wednesday for that great debate rose between the duke of lancaster and the earl of northumberland , so as great force of arms , men and archers armed in warlike manner on both sides , came to the parliament , whereof great complaint being made to the king , the king with his councel and nobles were much busied to appease the same ; the king therefore adjourned the same parliament till saturday after . on that same saturday the king being in parliament , and the councel being called by their names , william cant. elect and confirmed chancellor of england , began to declare the cause of the parliament , taking for this his theam , rex convenire fecit consilium , whereupon in english he made a good oration applying it to the good vertuous government of the king and of his reign , affirming that no reign could long endure if vice reigned therein , the which to redress by this parliament that could not be by the order of the other law , the king therefore had called the same . receivers of petitions for england , ireland , and scotland . receivers of petitions for gascoin , and other places beyond the seas , and of the isles . triers of petitions for england , &c. as above . triers of petitions for gascoin , &c. as above . the which done , the chancellor declared , that on munday the cause of the parliament should more especially be declared , willing all men therefore to attend . the wednesday after ( but certainly it should seem to be the munday ) the commons were all called by their names within the chamber blank , where sir hugh segrave treasurer of england , by the kings commandment remembred the oration of the archbishop of canterbury , and said that the especiall cause was to maintain the liberties of the church , and to provide for the observation of the peace ; and namely to punish the horrible tumults , and rebellion made against the king in those tumults , who was enforced to grant manumissions to the bondmen and others of the realm , as on them having kingly power under the great seal of england : the which he knowing to be done against law , willed them to seek remedy accordingly due for the confirmation or revocation thereof . in the end he touched the kings great want , whereof certain of the council should make them privy : and so wishing them thereof to have due consideration , wished the commons to depart to their accustomed place within the abby of westminster . the monday after , in the third day of the parliament , being the eighteenth day of november , the commons came into the parliament to present sir richard walsgrave knight , whom they had chosen their speaker , who excused himself and desired to be discharged of the office ; whereunto the king on his allegiance willed him to stand , being chosen by his companions . thereupon the said sir richard maketh the common protestation . he then required a more full declaration of the kings meaning , either by a mean rehearsal , or by his repetition . the king therefore appointed sir richard le scroop knight , and created chancellor , to do the same , who did so , and namely touching the repeal of the manumissions made to the bondmen . whereto all the commons cryed with one voice , that the appeal was good and lawful ; adding , that such infranchisement could not pass without their consents ; and so upon the prayer of the commons , the same repeal was by assent confirmed . certain bishops , lords and nobles , upon the request of the commons , are appointed to confer with them . after this conference , the commons thought it good that the king would grant a general pardon to the offenders in these tumults . the commons require , that of the particular consultations of the bishops , lords and justices , a hearing might be brought to them . whereunto was answered , that the old custom was , that the commons should bring to the lords their conceits and devises , and not to the contrary . the which the king would should be observed . the commons afterwards coming into the parliament , and making their protestation , shewed , that for want of good redress about the kings person in his houshold , in all his courts touching maintainers in every county , and purveyors , the commons were daily pilled , and nothing defended against the enemy ; and that it would shortly deprive the king , and undo the whole state. wherefore in the same government they intirely require remedy . whereupon the king appointed sundry bishops , lords and nobles to sit in privy council about these matters : who , since that they must begin at the head , and go at the request of the commons , they in the presence of the king charged his confessor not to come into the court but upon the four principal feasts . the devises of the commons , exhibited in a schedule . first , that there may be appointed about the kings person the most sage and approved wise men in the court● the like officers for the well governance of both . that the most wise and able man in the realm may be chosen chancellor , and that he seek to redress the enormities of the chancery . that the like order may be of the treasurer , barons , and officers of the exchequer . that the like be made touching all the justices of both benches ; and that in th●s year two justices , two serjeants , and four apprentices of the law may be sworne to declare the delay and defects of the law , and that the same may be remedied . that upon the accomplishment hereof , the commons may view the names of the persons , and see the ordinances before the confirming of them . the provision may be made for observing of the peace , and repressing of such tumults as late were . that remedy may be had against importable losses of the commons and realm , sustained by the wars . that due consideration may be had of the great poverty within the realm fallen by the wars , carrying forth of good money , and base money now remaining , and by the low prices of wooll , tin , and lead . that all lords and nobles , upon these ordinances made , will help them to be severally executed on all estates ; and that it would please the king to grant a pardon general , according to a petition before made . whereupon certain of the chief clerks of the chancery , certain justices , barons of the exchequer● and others learned in the law , were appointed to consult thereon , and to present to the lords their devises . and also there were appointed certain merchants to declare the causes of the low prices of our commodities , carrying over of our money , washing and clipping of the same . all which made report accordingly to the lords and commons ; whereof remedy was provided in part , viz. touching the exchequer , and merchants , and defaults of the chancery , if any there were . after this , the commons required of the king three manner of pardons to be confirmed by parliament , viz. the first touching nobles and gentlemen , which in resisting of traitors and rebellious villains , slew certain persons without due process of law. the second for such as were of those rebellious companies . the third for such as lived in peace without any rising ; which was granted . the pardon for nobles and gentlemen . the pardons of the rebels being out of the towns of canterbury , bury s. edmonds , beverley , scarborough , bridgwater , and cambridge , except such persons whose names appear hereafter , being the principal and ringleaders of the rebels ; except provers and appealers of treason and felonies , and except such as slew simon archbishop of canterbury late chancellor , the prior of s. iohns then treasurer , and iohn de cavendish chief justice of the kings bench ; so as all men endamaged by such insurrection be not foreclosed of their due remedy . the pardon for such as lived in due obeisance , as free from that insurrection . the commons after came into the parliament , where before the king they made a recapitulation of their former requests , and require now to have the same framed and fashioned out , and namely of the ordinance against purveyors . thereto was replied by the king , that his charges were great as well for sundry particularities he uttered , as like to be greater for the solemnity of the kings marriage with the lady anne , the daughter of the late mighty prince charls emperor of rome , the which lady was newly come into the realm ; the tenth part of which charges the king had not in treasure or otherwise ; and that therefore it was as necessary to provide for the safety of the kings estate , as for the common weal. the commons answered , that considering the subjects evil wills , they durst grant no tax . then was required of them the continuance of the subsidies of woolls and other staple-wares : whereto was answered , that the commons were not thereof advised . the commons then thought good to have the parliament adjourned until after christmas , for that the same feast approached , and that in the mean time they might be further advised of every particular point . wherewith the king seemed to be content , and the rather for that the queen was arrived . at this time , the earl of arundel and sir michael de la poole were chosen and sworne to be about the kings person for council in governing him . the commons then require the sight of the pardon 's granted . thereto was answered , that such was not the guise ; but that the commons should make petition for such pardon in writing , and that the king the last day of the parliament should answer the same . and further it was said , that the king used not to grant any thing to the commons , unless they also granted to him . the commons answered , that of the grant of the subsidies of wooll and other staple-wares they would be advised : and it was answered for the king , that he would so be of any pardon . the commons being somwhat better advised , came before and considering as well the kings great charges , as fearing lest by the continual grants of the subsidy of woolls the same would grow in custom , and so be challenged by the king as of right ; for avoiding whereof , the lords and commons granted to the king the like subsidy of woolls and staple-wares as lastly was granted , from the feast of the circumcision of our lord then ensuing , until candlemas then following so as the space between christmas and the circumcision , should be an interruption to the kings claim aforesaid , if it were attempted . whereupon were openly read the pardons granted , whereof the commons were greatly joyous , and gave the king thanks . a goodly president of a commission granted by parliament for stay of riots , insurrections , and rebellions . the mainprisors of sir ralph ferrens knight , expressed in the last parliament , tit . . bring forth , and desire to be discharged of their mainprize , and sir ralph being received into the kings protection , and so set at large , richard clynedon esquire , by his bill exhibited to the king in parliament , accuseth sir william cogan knight , for that the said sir william with other his accomplices of the town of bridgewater should by menaces extort of the prior of s. iohn of ierusalem the sum of two hundred pound for , and in the name of a fine , and one hundred pound by obligation , the which he offereth to try by the combate with the said sir william . the same sir william being in parliament requireth councel for that he was unlearned , the which was denied , for the case touched treason ; whereupon after advice with certain of his friends , he in person making request that he might at any time correct and amend any his answers , pleaded not culpable , and to be tried by his county , whereupon in the end of the parliament both parties were adjourned before the justices of the common law , for what attained to the law. the major , bailiffs , and commonalty of cambridge were accused for that they in the late tumults , and uproars , confederates with other mis-doers , brake up the treasury of the university of cambridge , and there took and burned sundry of the charters of the university , and also compelled the chancellor and schollers of the said university under their common seal to release to the said major and burgesses all manner of liberties , and also all actions reall and personal , and further to be bound to them in great sums of money , whereupon it was agreed in form following : that one writ should be directed to the major , bailiffs , and commonalty ( that now were ) to appear in the parliament , and to answer , the form whereof doth there appear . and that another writ in form aforesaid should be directed to the major , and bailiffs ( that then were ) the form whereof doth there also appear . the major and bailiffs ( which then were ) appeared in proper person , and pleaded not guilty in writing thereunto , the commonalty by their attornies appeared at the day . the major and bailiffs ( that before were ) appeared also in proper person , and the said major answered , that he was not privie to any such act , but only by the compulsion of the other , if any thing were therein done , the which the learned councel did disprove . the burgesses of cambridge delivered into the parliament the said two deeds , sealed by the chancellor and schollers . that one deed containing a release of all liberties and priviledges with a bond of three thousand pounds , to release all such suits against the said burgesses . the other was a release of all actions real and personal , as there doth appear . after the restitution and redelivering of which two deeds , they both were commanded to be cancelled for the causes aforesaid . after that , the chancellor and scholars aforesaid by way of petition , and in form of sundry articles exhibited , shewed the beginning and whole discourse of the mayor and bailiffs doings largely , there contained . upon reading of which bill , it was demanded of the said burgesses , what they could say wherefore their liberties late by the king confirmed , should not be seised into the kings hands as forfeited ? they require a copy of the bill , council , and respite to answer . to the copy of the bill it was answered , that since they heard the same , it should suffice ; for by law they ought to have no copy . to council it was said , that wherein council was to be had , it should : wherefore they then were pointed to answer to no crime or offence , but only touching their liberties . after many dilatory shifts , the said burgesses touching their liberties only , in the end submitted themselves to the kings mercy and grace , saving their answers to all other matters . the king thereupon by common consent of parliament seised the said liberties into his hands as forfeited . and after granted to the chancellor and scholars aforesaid within the aforesaid town of cambridge and suburbs of the same , the affise , cognisance , and correction of bread , all weights , measures , regrators and forestallers , with the fines and amerciaments of the same , yielding therefore yearly at the exchequer ten pounds , vide r. . tit . . and the rest of the liberties he granted to the said mayor and bailiffs , yielding therefore yearly the feefarm of an hundred and one marks , and four marks of increase over and above the same , at the exchequer aforesaid . william de burcestor knight , and margaret his wife , late the wife of sir bartholmew burcester knight , sheweth by a long bill , how sir thomas hungerford knight was enfeoffed by the said bartholmew of the manor of high-tresbury , steart , and colon in the county of wilts , and of certain lands in wales , to the end a refeoffment should be made of the same to the said bartholmew and margaret , and the heirs of the said bartholmew , and how by the council of the said thomas the same was done accordingly ; and that the said thomas should notwithstanding inform the lady le dispencer , the daughter and heir of the said bartholmew , that the said bartholmew should be disseised of the premisses , and thereby should procure the said lady to enter upon the premisses : and further , that the said thomas had bought the mannor of high-tresbury of the said lady , and therefore prayeth remedy . the same sir thomas upon warning cometh into the parliament , and by his answer traverseth every point , and seemeth very well to avoid the same . the names of all such as were excepted out of the pardon , being the principal leaders of the late insurrection , being many in number , but no gentlemen or other of name . for that christmas approached , for the preparation of the queens coronation and other weighty affairs , on the of december the parliament was adjourned untill the friday next before the convention of s. paul then following . the reassembly of the parliament , after the adjournment . the same friday , for that some of the lords were not come , the parliament was adjourned until monday next ensuing . the same monday the bishops and lords came into the parliament , where the commons making rehearsal of their former proceedings , required remedy . the duke of lancaster offered in parliament , that so as the realm would lend him sixty thousand pounds , he would enterprise to enter into portugal and spain , and rescue the english-men , keep the sea , and seek to conquer their right ; and would further bind himself and his lands to repay the same in the year in money or service , so as he were sound of body , and out of prison : whereof was great dispute and altercation on both sides . look r. . tit . . the lords and commons grant unto the king the subsidy of wools and staple-wares , in such wise as was lately granted , for four years from the nativity of s. iohn baptist then ensuing , to be imployed upon the wars , and voyage of the said duke ; and that the king will do things according to the advice of his council . by whose advice they grant , for the saving of his credit and profit , he may for a time transport his staple-ware to any other place besides calice , any grant to the contrary notwithstanding . the commons require , that if any league be taken with the enemy , that then the grant and profit arising thereby may be laid up for the ease of the commons . they also require that the commons may for a time be eased of taxes . it is enacted , that all deeds , feoffments and conveyances whatsoever made by menaces in the last insurrection should be void , and that no man do enter into any lands or tenements , but where lawfully he may . and not with force or multitude of people , upon pain of imprisonment or fine . upon complaint to the councel , all such as in these insurrections have had any deeds or evidences purloined , burned , or cancelled , and make proof of the same , shall have remedy . petitions of the commons , with their answers . that the liberties of the church , great charter , and charter of the forrest may be maintained . the king granteth thereunto . that it may be enacted that no gift of land , ward , escheat , or other gift be made by the king before he be out of debt . to binde the king in such sort , were dishonorable ; but the king will grant no such without the assent of the lords of the councel . that the kings great officers of his house , and lords of the parliament , may be sworn to observe all ordinances therefore appointed . they are sworn thereunto . the print touching the title of purveyors agreeth with the record . that the debts of the queen last that died , due to the king , may be pardoned . the king will be advised . that such sheriff , as failed to account the last trinity term , considering the insurrections then , may be pardoned . the king granteth thereto . the king also pardoneth all collectors and comptrollers of the last subsidie , all issues lost for not appearing at hilary term last in the exchequer . it is enacted , that from henceforth the collectors of tenths , and and fifteens shall be accountable for the same by their oath , before the barons of the exchequer . that all debts for lands seized into the hands of the king edw. . may be pardoned . if any speciall man make his complaint he shall be heard , but generally the king will not grant thereunto . it is enacted , that no sum of the land be set on any person at the receipt of the exchequer , by payment , or assignment , unless such person be present , or by his attorney in court. an order that the collectors of subsidies shall be charged to accompt according to the roll between them , and their comptrollers made , saving that they shall be further charged upon better proof . upon complaint made against forresters , it is enacted , that the charter of the forrest be kept , and that perambulations be made , where any need is , according the bounds made in the time of king edward the first . the king granteth , that all men may have exemplifications of deeds , and charters enrolled in the chancery , defaced in the late insurrection without any fine in the chancery . it is enacted , that all sheriffs shall have allowance towards their charges of all such fee-farms , or profits belonging to the sheriffs , which were after , granted to any lords , or other person for any annuall rent . that no prohibition be denied for tenths of wood , demanded of wood passing the age of twenty years . as it hath been used the same shall be . that no fines be taken in the chancery for any writ . the king meaneth not to lose any such commodity left him by his ancestors . it is enacted , that the charter made to yarmouth touching one grant , viz. that no man should buy or sell within seven miles of the same , and that the road called kirkleroade in suffolk , being six miles off the town , should be rep●aled , saving their old liberties . they pray remedy against such as purchase abbies , priories , or such like dignities from the court of rome by provisions . the king would have the statutes therefore made to be executed . that no alien do enjoy any ecclesiastical living within the realm . the king willeth as next above . it is enacted , that if any religious , or other person , shall cautelously cause the king to be infeoffed of any lands or hereditaments holden of any mean person , and thereby extinguish his right to give the same in mortmain , that notwithstanding any such cautelous feoffments , the lords or mean person of whom the lands are holden may lawfully enter saving to the king his due prerogative . that the heirs , or executors of any captain taking wages , and being dead , or taken prisoner , be not charged to pay any thing by them received . it shall continue as heretofore . that such captains being appointed to serve on the sea by a day certain , upon the kings letters may receive their wages from the said day . as heretofore , so in the like case it shall be used . the k●ng upon request of the commons granteth pardon to all towns and persons for their late insurrections , except the town of bury s. edmonds , and the names of them which are before excepted in a roll. it is enacted , that all justices of peace shall have full power at all times to make delivery of all rebels , murtherers , robbers , and theeves , taken with the manner , so they be at the least three , and one of them learned in the law. the print touching the barons of the exchequer , cap. . agreeth with the record . the print touching accompts in the exchequer cap. . agreeth in effect with the record , but not fully , for that some part is left out of the print . the print touching accompts there , cap. . agreeth with the record . the print touching the accompts of nihil , cap. . agreeth with the record . the print touching the clerk of the pipe , and remembrancer , agreeth with the record . the print touching suing out of liveries , cap. . agreeth with the record in effect , but not in form . the print touching clerks sues in the exchequer , cap. . agreeth with the record . it is enacted , that from henceforth no barons of the exchequer , clerk of the pipe , remembrancer , opposer , comptroller , clerk of the pleas , clerk of the forein summons , auditor , or other chief officer of the exchequer be made , unless he be well learned in the law , or otherwise very skilful in the courses and uses of the exchequer . the king at the request of the commons enlargeth his pardon for certain felonies and treaso●s , as may in the record appear . the print touching money , cap. . far swerveth from the record , as having additions and diminutions , other then the record doth warrant . the print touching shipping and the navy , and of merchandise , cap. . agreeth with the record in effect , but not in form . the print touching wines , cap. . agreeth with the record to the midst of the same print . the other half of the record by evil keeping is lost , unless it may upon search be found again . the print touching entry into lands , cap. . agreeth with the record , as appeareth before , tit . the print touching the repeal of manumissions made by the king , cap. . agreeth with the record , as appeareth before , tit . . . anno sexto richardi secundi . the parliament holden at westminster in the octaves of saint michaell , in the th . year of k. richard d. the monday in the octaves of st. michaell , being the first day of the parliament , sundry of the lords and bishops came into the painted chamber , looking of long for the other lords and commons : but for that sundrie sheriffs had not returne● their writs : the parliament was adjourned untill wednesday after . on which wednesday the king with most of the bishops and lords came into the chamber depinct , where every of the commons were by their names called in before the bishop of london , chancellor of england , who by the kings commandement pronounced the causes of the parliament for three points . the first for the maintenance of the liberty of the church . the second for observation of the peace , laws , and usages . the third for the good governance of the realm , and of the dominions of the same : as against misdoers , defence of the north-marches towards scotland : defence of the territories beyond the seas , for the safetie of ireland , and gascoyn : for succouring of the kings subjects in portugal , for the keeping of the seas , and for the charge about the same , whereon he wisheth throughly to consult . receivers of petitions for england , ireland , wales , and scotland . receivers of petitions for gascoine● , and other places beyond the seas and of the isles . tryers of petitions for england &c. as above . tryers of petitions for gascoine &c. as above . at this time commandement was given that all persons and estates , should return the next day to hear the cause of the parliament more fully uttered . the thursday after , being the next day , the bishop of hereford by the kings commandement declared the cause more fully , saying , that four things did chiefly encourage to adventure on that thing , which they desired to atchieve : whereof two appertained not to the proof , viz. to array , and not array : the other two were , doubt , and hope , as doubt caused dismaying and fear , so hope caused honour to be atchieved . he then setteth forth before them , the miserable nakedness of the realm , as round beset with enemies , and such not like to be conquered , if doubt or negligence possessed mens hearts . for hope to be had for resisting this he sheweth to be by two means , viz. the one was with allyance with the flemmings , who offered their service to the king against his enemies . the other was , the offer of the duke of lancaster for the conquest of portugal and spain , so as the realm would lend him but l. which he would pay according to his offer made in the last parliament . he willed them to consult how money to the least loss of the commons may be raysed for the enterprizing of these two voyages of flanders and spain , or at the least of the one of them , viz. spain , whereto all men should much the more be encouraged , and have good hope , considering that by two croiseris , the one granted to the duke of lancaster against spain , the other to the bishop of norwich against the anti-pope , and all his accompl●ces : the pope hath thereby granted to all such as went , sought , or dyed in the quarrell , full remission of all their sins . the commons having this their charge , departed towards their place in the abbey at westminster , but before they did any thing therein , they made request to have certain especiall lords by name assigned unto them , with whom they might consult ; the which was granted , their names then appearing . after this , the lords and commons granted to the king one fifteenth , and one tenth out of the cities and towns , to be levyed in such wise as the last grant was , and no otherwise , to be imployed upon the defence of the realm , as to the king by the advise of his councell , and lords of the realm should seem good . thomas feedon , richard moory , and richard dell , as principall doers in the late insurrection , and namely for burning and destroying the house and mannours of the order of st. iohn of ierusalem in england , are excepted out of the pardon , and therefore their names were delivered into the kings bench , that the like process might be made against them , as against other traytors . iohn hene of london , iohn battail , and thomas battail , with sir michaell dagworth kt. do in the parliamemt wholly submit themselves to the order of the king and his councel , touching their long suit sustained in the kings bench for the mannour of bradwell in essex . the king by assent of the parliament , for the fine of a thousand marks , having granted to the citizens of york , pardon of all treasons , felonies , &c. the like pardon he granteth to the burgesses , and commonaltie of scarbourgh , for . marks fine , whereof the commonaltie . marks , and forty of the best burgesses of the same town : the other . marks except robert aolam , and robert killington , who for their severall fines were also pardoned . the king granteth the like pardon to the burgesses of beverley , for the fine of marks , except persons there named . a pardon to adam perkin of homeson , for the death of william clarke of winslow , for the fine of . marks . a pardon to ralph fitz-iohn of aston , for murdering his wife agnes in ashton wood . a pardon to the citizens of york . a pardon to the burgesses of scarborow . it is enacted that the staple at callice may be removed from thence to any other town , and to provide such orders therefore as to the king and his councell shall seem meet . the lords being required by the king to shew their fantasies touching the duke of lancasters offer for the assayling of spain , as is aforesaid , do think the same very good and honourable , but to the number levying but two thousand men at armes , and so many archers , they think very small . petitions of the commons , with their answers . the print touching the liberty of the church , the great charter , and charter of the forrest , and purveyors ; cap. . agreeth in effect with the record , but not in form . the print touching abatement of writs ; cap. . agreeth with the record . the print touching assize of nusance ; cap. . agreeth with the record in effect , though not in form . the print touching lading of merchandize in english bottomes ; cap. . agrees with the record in effect , but much swarveth in form . that no man shall charge another mans land with any annuity , unless he can prove seisin , and payment of the annuity . the king will be thereof advised . that the king will keep sufficiently the sea , considering that he hath vi d. of every pound . the king by advise will provide remedy . that remedy may be had against aliens , having any ecclesiastical dignity , and living . the statutes therefore made , shall be observed . the print touching retayling of sweet wines ; cap. . agreeth with the record in effect , but not in form . in consideration of wars , like to ensue with scotland : they require that the arch-bishop of york , the bishop of durisme , the earl of northumberland , and the lords nevill , and clifford , may lye in their countries , and that it would please the king and queen to approach to york . to the lords the king granteth , if they have no good excuse , to the rest , the king will doe by his councell . the print touching the enrolments , and exemplifications of deeds cap. . agreeth in effect with the record , but not in forme . it is enacted that during two years ensuing no fair shall be holden , and that during one year no trail-baston shall be . that eschanges may be between merchant and merchant , notwithstanding any act in the last parliament . the chancellor being required , may grant licence , if the same be reasonable . that the king will appoint a sufficient admirall for the north , who by good order may take upon him to keep the sea coasts there . the king granteth thereto . that no justices of the law be appointed justice of assize , or deliverie , or of the peace in his countrie . the king thereof will be advised . that such justices as keep the sessions in the shire of york , may hold sessions also twice in the year at least , in the counties of northumberland , cumberland and westmerland . that the justices shall hold their sessions in order to the order made , without reasonable excuse . it is enacted for holding the assizes in effect , according to the print cap. . but not in forme . that the justices and their clarks do enroll all deeds , to them brought within one quarter of a year after such deeds to them brought , or else to answer the partie thereby endamaged . the statutes therefore provided shall be examined , observed . that the king will appoint good orders about his person , and rule of his houshold , so as he may live within his revenues : and that all profits , and gifts may be employed upon the wars to the ease of the commons . the king much desireth it , and so by advise meaneth to do . the king at the request of the commons granteth pardon of all treasons , and fellonies done in the late insurrection ( except certain before excepted ) and except iohn horne , adam carlill , and walter sibell of london , now accused of horrible acts. that remedie may be had against the misdemeanours of cheshire men touching their rapes , and other oppressions done in sundrie countries , wherein they seem to be lawless . the king by advise will take the best order , saving the liberties of chester . the print touching ravishers cap. . agrees with the record in part , but not altogether ; for that the print in sundry points containeth more than is in the record ( quod nota . ) for sundry causes in the record alledged , the commons require , that the king would allow to the bishop of norwich a certain army and provision therefore for the invasion of france , considering that the said bishop , hath the popes grosarie to prosecute the anti-pope , and all his adherents , of whom the french were chief . the king hath appointed his councell to treate with the bishop herein . that no patent upon an enquest of office of the escheator , be granted of any mans lands untill the kings title be fully disclosed . the statute therefore made shall be kept . the king at the request of the commons pardoneth all trespasses touching lands , or tenements , trespasses done by the kings officers , or other great lords , and of jurors and maintainers of quarrels . after three years expired during which terme the sheriffs of essex , and hertford hath by parliament pardon of one hundred marks yearly parcell of his charge . the king granteth the like pardon for three years more . upon complaint made by the commons , the king willeth that prohibition be made against the popes collectors , for receiving of first-fruits . the king upon request of the commons , confirmeth the statute made in the last parliament , that the barons of the exchequer , may discharge all matters there sued , without further attending of the great or prive seale . the king revoketh the statute made in the last parliament , tit . . and the . chapter in the print touching preachers upon the words of the commons being this ; forasmuch as the same statute was never assented , nor granted by the commons , but that which was therein done : for it was never their meaning to be justified , and bind themselves , and their successors to the prelates , no more than their ancestors have done before them . the king at the request of the commons enacteth , that no man from henceforth doeth transport any corne out of the land other than to callice , gascoyn , brest , shirburgh , and barwick on forfeiting of the same . and that no loading be granted to the contrary , and that such as have licence be bound to the same . the print touching victuallers to bear no judiciall office cap. . agreeth with the record . the print touching retailing of fish , cap. . agreeth with the record in effect , but not in forme altogether . the print touching fore-stalling of fish , cap. . agreeth with the record in effect but not altogether in forme . among these bills mention was made , to have some remedy against usurie , usurers , and brokers . touching usurie the king would the laws of the church should discuss the same , but if any man be grieved by usury upon accompt , trespass , extortion , oppression , falsehood , deceipt , or such like means , the laws and customes of the realm shall punish the same . the print touching the oath of officers , for the observation of the four articles aforesaid , cap. . agreeth with the record in effect but not in forme . note that these five articles aforesaid were devised , and requested by the mayor , and aldermen and ci●izens of london . upon the exhibition of the last bills by the mayor , and aldermen of london as is aforesaid , aswell the said mayor , and aldermen , as most of the fishmongers were at the reading of the same bill in the parliament , at what time one nicholas exton , who spake for the fishmongers , prayed the king to receive him and his company into his protection , so as no corporall hurt come to them . thereupon it was commanded to either parties , that they should keep the peace the one towards the other , on pain of loosing all that they had . this done , one walter sibell a fishmonger started up , and required audience , which granted , he began to crow , that those devises were not exhibited for any good zeale to the common-wealth , but for meer malice born to the fishmongers , for that the chief exhibiters being in the time of king e. . condemned to prison for sundry their misdemeanors , were so imprisoned by certain of the fishmongers , then being chief officers in london , for which cause malice was to that time . to that one iohn moore a mercer answered , that the citizens of london meant to keep the peace towards them , unless they went about to let into the said city the rebels of kent and essex , as the said walter , and others did lately . walter took advantage of these words , and desired the lords to bear witness . moore hereupon expounded his words , saying , as the report went , and prayed that the same might be enquired of , which was granted . anno sexto richardi secundi . the parliament holden at westminster the munday in the third week in lent , an. . richardi . . the same munday being the . of february certain bishops , and lords assembled in the place accustomed in the palace of westminster , and for that it was reported to them , that sundry sheriffs had not returned their writs , the parliament by the kings commandement was adjourned to the next day . the same tuesday following the king with the bishops , lords , and commons assembled in the parliament , before whom master robert braybrook bishop of london , and chancellor of england , by the kings commandement , declared the cause of the parliament to be for maintenance of the liberties of the church , and preservation of the laws and peace of the realm . he then remembring them of that their ayde , granted in the last parliament , and of the kings purpose to go into flanders , for the voyage of the french , sheweth , that since the last parliament heavy tydings came , how that the french king had subjected to himself the whole countrie of flanders , except the town of gaunt , and that upon the same tydings , the king called a great councell at westminster , by which it was determined , that the king should pass in person to the rescue of the town of gaunt , if safely with his honour he might so do ; and that now therefore the parliament was called for them to consult , whether it were best for the king to go in person , or to send an army : and for mony to maintain the same , with the circumstances thereto belonging ; the which he willed them fully to digest , and to make speedy answer . receivers of petitions for england , ireland , wales , and scotland . receivers of petitions for gascoyn and other places beyond the seas , and of the isls. tryers of petitions for england , &c. as above . tryers of petitions for gascoyn , &c. as above . after the commons had debated two daies of the same charge , they besought the king to assign to them certain lords , there named to consult with them , which was granted , albeit it were at the election of the king to assign these lords , or others at his pleasure . this done after long deliberation of the commons of the rates aforesaid , they came into the parliament before the kings presence and the lords , when sir iames pickering knight , then speaker after the common protestation made saith ; that albeit the same their consultation did properly appertain unto the king and lords , yet since it stood with their pleasures to charge the commons therewith , their conceit was , that it had been best for the king in person to have enterprized a voyage , which for that it could not for sundry reasons be , they thought it best that the bishop of norwich , having the popes crosary for persecuting the anti-pope , his adherents should take upon him the quarrell against the french , whereof was hope of good success , he saith further , that considering the scots were so lusty , that they would not agree to any reasonable league , whereby we are like to have war , which to us was accounted most dangerous , they thought that the king , or his uncles of lancaster , cambridge , or buckingham , might not in any wise be spared out of the realm , untill with scotland some certain order were taken , the which they spake not by way of counsell , but to shew their advise : whereto for the king was said , a little difference to be between counsell and advise . the proffer of the bishop of norwich to the king , and lords in the beginning of the parliament was so , as the king would g●ant to him the whole th . and th . granted in the last parliament , with the d. of every pound merchandize , and s. of every tun of wine lately granted for the safe keeping of the seas : he would in seasonable time of the year furnish , and send into france . men at armes , and . archers , of whom . men at armes , and archers should be appointed to keep the sea ; and further , that if he might have the west-admirall to attend , he would before march ensuing , appoint for the defence of the sea great ships of war , and barges well appointed . petitions of the commons , with their answers . it is enacted , that the liberties of the church , the great charter , and charter of the forrest be maintained . that for the grant of vi d. of every pound of merchandize , and ii s. of every tun of wine , the seas may be well kept . the chancellor , and other officers there named , shall provide as speedie remedie as may be . that the king will provide for the defence of the marches of scotland , and namely for barwick , and carlile , and that some truce or peace may be taken . the duke of lancaster , and other lords are sent thither of purpose to take order therein . that the statute of purveyors may be observed , and that ready payment may be made . the statute therefore made shall be observed . that the most approved wisemen may be chose to be chief officers for the governance of the realm , that their names might be known to the parliament , and they not removed without good cause . the king by advise of his lords , shall appoint such officers as shall like him , whom he meaneth not to remove before the next parliament . the print touching the pardon ; cap. . far swerveth from the record . that able men may be appointed to be of counsell about the kings person , and that an order may be taken for the kings houshold , so as he may live upon his own . the king therein will be advised of his lords , and take such orders as may be for his honour . at the request of the commons it is enacted , that the citie of london shall injoy all such liberties as they had in the time of king e. . or as were to them confirmed by the king now , saving to all strangers their liberties confirmed , and saving that victuallers should have no particular liberties by themselves , but to be under the rule of the major . in short time after the bishop of norwich had advised himself , he came before the king and lords , and offered● so as the king would allow to him the fifteenth last granted by the commons , he would serve the king one whole year in his wars within france , with . men at armes , and . archers well horsed , and appointed , the which offer was thought to be very good , and for the kings honour : but for that the king would not adventure any of his subjects , unless he knew who should be chieftain , or lievetenant , considering the bishops profession was to the contrary , he required to know who they should be : the bishop would not that declare , unless the king did assent to his offer ; saying , that if it were his pleasure so to do , they then should be as ready and worthy persons as any were within the realm , his own person , and others of the bloud excepted . the king accepteth his offer , whereupon the bishop gave him four names of them , willing him to chose one such for his lievetenant as he thought good ; after the view of whom the king would not seem to choose any nobleman , whereby it was assented , that if the bishop could not of his own accord agree with any nobleman for his lievetenant , that then the bishop should take upon him the charge , and generall lycense was granted to all men to pass on with the same bishop , except the retinew of the king , and other nobles . after this the commons desired the king to grant audience to the lord de la war , who was lately arrived from spain , and was to declare how the king might come to an honourable peace with spain , the which they much desired ; whereto was an answer made , that the king would advise with his councell , and therein do what should appertain to his honour . anno septimo richardi secundi . rex &c. johanni regi castellae &c. apud westm. die lunae ante festum omnium sanctorum teste rege apud westm. vicessimo die augusti . charissimo avunculo rs. edward . com. cantabr . chariss . avunculo rs. tho. com. buck. chariss . fratri rs. tho. com. cantii . dilecto , & fideli rico. com. arundell . thomae com. war. hugoni com. staff. edw. de courtney com. devon. will. de monteacute com. salop . rob. de vere com. oxon. hen. de percy com. northumb. tho. de mowbray com. notting . iacob . de audley . will. bardolf de wormegay . guido de bryan . ioh. de clinton . gilber . talbot . ioh. de ware. hen. le scroope chlr. hen. de ferrariis de groby . tho. roos de hamelake . ioh. nevill de raby . ioh. gray de codonore . hen. gray de wilton . reginaldo gray de ruthin . hen. fitz-hugh . rico. le scroope . hugoni burnell . will. zouch de harringworth . rogero de clifford . iohi. buttort . rogero de scales . rado . de cromwell . michael de la poole . will. de thorpe . will. de winhesser . rado baroni de greystock . will. botteraux chlr. iohi. de bello monte . robto . de harrington . robto . de willougby . iohi. de clifton . ioh. de cobham de kent . hugoni de darcy . ioh. de strange de knoking . tho. de nevill de halmshir . will. de aldburgh . ric. seymor . rado basset de drayton . thomae darcey . thomae morley . ioh. de bourchier . waltero fitz-walter . ioh. lovell de fishmarch . ioh. de monteacuto . ioh. de cherlton de powis . ric. de poynings . thomae de berkley . simoni de burley , constabular . & custodi quinque portuum . the parliament holden at westminster , the monday next before the feast of all-saints in the seventh year of king richard the . the same monday being the . of october , sundrie of the bishops and lords being assembled , looked for the coming of the others , but for that sundrie of them were not come , and the sheriffs had not returned their writs , the parliament was adjourned untill the next day ensuing . the thursday after being the next day , the bishops , lords , and others of the upper-house came into the parliament , in the chamber de-pinct at westminst . whereunto all the knights and burgesses were in the presence of the king called by name , at which time sir michaell de la poole knight , being chancellor , began first to excuse his unworthiness to that place , and declared that he was forced thereto , which done he sheweth the cause of the parliament to be as followeth . for that the great truce with the scots was to end at candlemas ensuing , for which cause the duke of lancaster being sent into scotland , was returned with answer , that the scots would send to london certain that should intreate therein , as well for such peace , if it might succeed , as for preparation of war ; which more was doubted , was the first cause of consultation . another cause was , for that the king was to prepare also against three mighty and mortall enemies , spain , france , and lately flanders . here then he proved by many reasons , that it was better for us to assail , then to be assailed ; to seek them at home , than to suffer them to come to us , and that it would so be manifestly shewed : further proving , that they must not lay the cause of these wars to the king , considering that with the crown the wars descended to the king also . lastly he sheweth another cause to be , for the maintenance of good laws , and preservation of the peace , and also in his former matter he remembreth them for giving ayd to the king , for the supportation of these his great charges . receivers of petitions for england , ireland , wales , and scotland . receivors of petitions for gascoygn , and other places beyond the seas , and of the isls. tryars of petitions for england , &c. as above . tryars of petitions for gascoyne , &c. as above . after this the chancellor declared , the king charged the lords by their selves , and the commons by themselves to consult about these weighty matters , and for mony to serve his necessity , laying in the mean time all other matters apart . the lords and commons granted unto the king , one fifteen to be levyed according to a schedule enrolled . the schedule conteineth the grant of the fifteen , and of the payment , and of the grant of vi d. of every pound of merchandize , and ii . s. of every tun of wine on these conditions , viz. that the clergy shall grant the like for their parts , and that all estates whatsoever be contributary thereto . and that the service of the bishop of norwich , and of his captains with the treasure by them received , not of them deserved , nor well imployed , may onely be examined , and imployed to the use of the king. the earl of northumberland promised for himself , and the earl of devonshire , admirall of the west , safely to keep the seas , so far as the charge granted by the commons therefore would serve , viz. of vi . d. of every pound of merchandize , and ii . s. of every tun of wine . the bishop of norwich being accused for not doing his service according to promise , and for receiving of severall summes , as well on this side the seas , as beyond , requireth respit to answer , protesting earnestly therein to shew his innocency , and being charged particularly of the receipt of . francks of gold , for giving up the castle of graveling to the french , he fully purgeth himself thereof , and in repeating the matter it fell out , that . francks of gold given for the said castle , were in the hands of sir robert farmers man , who , charged in parliament , confesseth the having thereof , but maketh a fair excuse for the secret taking : wherefore he was committed to prison untill he made payment thereof , and untill further order for his enlargement were taken . at that time proclamation was made , that all such as had received any mony beyond the seas of the enemy , or of any other , for any cause other than for due wages , should the next day bring the same into the chancery , or else to be taken as traytors ; this proclamation was made the sixteenth of november . bryars crossingham , and iohn spickworth esquires , were accused for surrendring the castle of drinckham in flanders to the kings enemies for money , without the assent of the kings lieutenant ; there spickworth proveth that the same was not in his keeping , and thereby was discharged . crossingham answered , that he yeilded the same upon necessity without money , and submitteth himself to their order : this was thought no good cause , and therefore he was committed to prison . the chancellor in open parliament charged the bishop of norwich with four chief points , viz. first , where he promised the king to serve him with a certain number for one whole year , he had served but half a year , and yet returned with his host spoyled . the second , he promised to muster and shew his armie at callice , which also was not done , and failed of his number . the third , for that in the last parliament it was agreed , that the king of castile , or some of the kings uncles , should have gone as generall for the honour of the realm , the same was not done , and thereupon the voyage was lost , for that upon the bishops promise as good a generall was promised . the fourth , for that the king appointed to have chosen some other temporall lords , or a sufficient generall , the which was not done , because the bishop took upon him the same , whereby great villanies , and other displeasures came . the bishop answered , that albeit in this case he ought to have counsell , yet making his protestation , that he might all times avoid his answer , he answered in person as followeth . to the first , his commission was to go speedily to the rescue of gaunt , the which he did , and this done as well the grantoys , as his own captains , thought it best to besiege the town of ipre , about which he losing many of his men by dint of sword , and diseases , he could not any longer do any good , and therefore upon advice he removed . to the second , the speed which he made towards gaunt , caused him to make no muster at callice . to the third , he had good captains , though not of the best , and the lord nevill might have had by his own offer , but that the king denyed him license the last parliament . to the fourth , he refused no lieutenant at the kings hands , onely the king writing to the bishop beyond the seas touching a generall , he therefore gave great thanks to the king for his great care of him , and his , and that otherwise he refused none , as by his letters may appear . the chancellor replyed , taking advantage of the bishops answer in the end , and said , that the bishops answer seemed to the king and lords no sufficient excuse , for without his imprisonment , for what is contained in these four articles , he ought to make fine , and ransome at the kings pleasure , by seizing of the temporalities of his bishoprick when the king should please . the bishop after this , was willed to declare such as were waged to serve him one year , to the end they might serve the king in other places , to accomplish their promise . thereto the bishop answered , that upon the delivery of sir robert hulmer his clarke and treasurer , he would do so : sir robert was delivered , and two severall dayes at the bishops intreaty appointed for the case . at the last the bishop began to answer to the four articles in manner aforesaid , with somewhat adjoyned for his purgation . the chancellor by replication disproveth the bishop , and concludeth , although the king might pass on the bishop , as on a temporall lord , by reason that he took upon him , to serve him as a souldier , and had the sword carried before him , contrary to his profession : yet for that time the king would spare to lay hands on his person , for his imprisonment , but for his other defaults , and villanies , the lords by assent of the parliament had adjudged him to make fine , and ransome at the kings pleasure , whereto he should be compelled by the seizure of his temporalities : and it was commanded him from thenceforth no longer to have the sword carried before him . sir william elinsham , sir thomas trevit , sir henry de ferrers , and sir william de hurnedon knights , were openly accused in parliament before the lords , for receiving divers severall summes , for giving up of holds and fortresses without the assent of the king , or his generall , together with one robert fitz-raph ; the summes particularly layed to their charge , amounted in the whole to . francks of gold. they all made certain fained excuses , and submitted themselves to the kings mercy . the said chancellor replyed , and gave judgement● that they all should pay to the king of what they had received , and remain in prison untill they had made fine and ransome with the king , and with them sir william harnedon was committed to prison , his body and goods to be at the kings pleasure . petitions of the commons with their answers . the print touching the liberties of the church , the great charter , and the charter of the forrest , cap. . and . agreeth with the record in effect , but not in forme . that the justices of both benches , and barons of the exchecquer may be sworn before the king , lords and commons to do without consideration . they be already sworn , and if need be shall be again . it is enacted that writs shall be sent to the justices of peace to charge them that vagabonds , and saylors do put in suretie for their good behaviour , or else to remain in prison , untill the coming of the justices of assize , which far swerveth from the print cap. . quod nota . the print touching the execution of the statute of winchester cap. . agreeth with the record in effect , but not in forme . the print touching the false making of wollen cloaths cap. . far swerveth from the record , for that in the print is much more matter than in the record , quod nota . the print touching purveyors cap. . agrees with the record in effect , but not in forme . the print touching writs of premunire cap. . far swerveth from the record , as having sometimes more ; and sometimes less than in the record . it is enacted , that if commission , or patent be granted to any sheriff , or escheator for longer space than for one year , that the same be void , saving the kings prerogative . it is enacted that all denizens passing wools shall be discharged of . d. custome , of every sack newly demanded by the customers . that the seas may be safely kept for the grant of the merchants made therefore . the king by advice of his counsell , and admirals will provide sufficiently therefore . it is enacted that the citizens of london , shall enjoy all their whole liberties whatsoever , with this clause , licet usi non fuerunt , vel abusi fuerunt , notwithstanding any statute to the contrary . that the fishmongers , and other victuallers should be under the rule of the mayor , and aldermen , and that the mayor , and aldermen should take no other oath in the exchecquer , than they did in the time of k. e. . the print touching the discharge of jurors in writs of nisi prius cap. . agreeth with the record in effect , but not in forme . it is enacted , that no man , or officer being from henceforth attainted , or convicted for any falshood about the said office , be restored thereto again without especiall grace therefore had . that no forrester do take any chymmage of , or for any wood , coale , or fewell , but where the same is carried to be sold. the statute of the forrests , and other statutes shall be kept , and who will especially complaine shall be heard . it is enacted , that all such as have any castles , or fortresses nigh the marches of scotland , shal sufficiently furnish the same with men , and victuals , and so keep the same , and that the warden of those parts may be there in his own person . that no writs of oyer , and terminer be granted without assent of the kings counsell and good proof . the statutes therefore made shall be kept saving the kings prerogative . upon the complaints of sheriffs , for being charged with divers sums , parcell of their fee-farmes , and granted forth in liberties . it is enacted , that the chancellor , and treasurer shall from time to time make such allowance to the sheriffs as they shall thinke good . the print touching fishmongers , victuallers , and vintners , cap. . far swerveth from the record , for that the record maketh no mention of victuallers , besides that there is much more in the print than in the record . quod nota . the burgesses of scarborough being much afflicted by the french , scots , and flemmings , provide at their own charge for their defence a bark of dullinger , the which they being unable to furnish and maintaine , do require of the king certain contributions of such as pass with fish , or other things . the king by the advice of his counsell and admirall , will provide the best remedy . it is enacted that these burgesses shall enjoy all their liberties according to their charters . the print touching mainpernors in writs of debt cap. . agreeth with the record in effect but not in forme . the print touching provision from rome , cap. . far swarveth from the record , for that the record maketh two statutes of the same , besides the swerving in forme . quod nota . that no mans possessions be disturbed by any commission out of the chancery , or writ of privy seal , without due answer , and that all bills exhibited in this parliament be answered . to the first , the counsell upon grief shewed they may provide remedy . to the second let such bills as cannot be ended by the counsell be exhibited to the king. that such nobles or other captains which serve the king , and receive wages therefore may at their return be received to accompt in the exchecquer without delay , and that all debts upon so much service in the time of king e. . extended out of the exchecquer , may be pardoned . who will complain , may shew his griefs and be heard . that the irish-men which are bailed by the laws of england , may be partakers of the pardon granted by king e. . in his thirtieth year touching presentments to any benefices , by voidance of the temporaltie of any archbishop , or other bishops . the king will therefore be advised . that remedy may be had against the extortions of the ordinaries by undue extortions . the king will charge the clergie to amend the same . the end of the twelfth chapter in the print beginning , and to the intent , agrees with this part of the record , compare the . tit . before , quod nota . that the like provision may be made against all such beneficed clarks , and not keeping upon the same within england , as late was made against such clarks in ireland . the king will be thereof advised . the print touching the observation of the statute of northampton cap. . agrees with the record . the complaint of elizabeth , wife of edward , late lord of deldofepence , for that upon a quare impedit brought by the king , against her for a parsonage in glamorgan in wales , her plea thereto was rased . it is enacted that such plea as the justices should record that she pleaded should be newly entered , and the cleark punshied for the razing . that remedy may be had against protections . the chancellor , upon cause , may redress the same . the print touching the carrying of armour , or victualls into scotland cap. . far swerveth from the record , as having much more ; which note . the print touching forrests by forresters , cap. . far swerveth from the record ; for in the beginning the record would that all the statutes of the forrests should be kept , and to the print thus much ought to be added , and so it is to be enacted : that no man shall be taken , or imprison'd against the assises of the forrest , nor be compelled thereof to make any obligation , nor other thing against his will. and if any may be attainted to the contrary of these , he shall pay double dammages to the party greived , and notwithstanding , shall make fine and ransome at the kings pleasure . note that in comparing the fourth chapter of the print touching forrests , the said third and fourth chapters in print agreeth with the record , containing but one chapter . that no summe of mony called queen gold , should be levied of any that hath ward in marriage of the king. it shall be as it was in the time of queen philippa late queen , and of other queens before . that the town of guilford ( by the kings grant ) which in the late insurrection lost their charters , should have them renewed for the little fee of twenty two shillings fonr pence . the king , by assent of parliament , confirmeth his pardon made to sr. robert de pleasington , so as the same be no derogation to the kings prerogative . of the fifteenth chapter in the print touching maintainers , is no mention made in the record . quod nota . anno septimo richardi secundi . rex &c. johi regi castellae , &c. apud novum sarum die veneris post festum sancti marci evangelistae , ●ertio die martii . charissimo avunculo rs. edward . com. cantabr . chariss . avunc . rs. tho. com. buck. chariss . fratri rs. tho com cancii . dilecto , & fideli rico. com. arundell . thomae com. war. hugoni com. staff. edw. de courtney com. devon. will. de monteacuto com. sarum . rob. de vere com. oxoni . hen. de percy com. northumb. tho. de mowbray com. notting . iacobo . de audley de hedligh willo . bardolf de wormegay . iohi. de cherlton de powis . rico. de poynings . guido de bryan . iohi. de clinton . gilberto talbot . iohi. de ware. hen. de scroope chlr. hen. de ferrariis de groby . tho. roos de hamelake . iohi. nevill de raby . iohi. gray de codonore . hen. gray de wilton . reginaldo gray de ruthin . hen. fitz-hugh . rico. le scroope . tho. de berkley . iohi. de fallesly chlr. hugoni burnell . willo . le zouch de harringworth . rogero clifford . iohi. botuttort . rogero de scales . rado . de cromwell . michaeli de la poole . willo . de thorpe . willo . de windsor . rado baroni de greystock . willo . botteraux chlr. iohi. de bello monte . robto . de harrington . tho. camois chlr , tho. talbot de blarkend . robto . de willougby . iohi. de cobham de kent . willo . de daere . iohi. le strange de knokin . hen. de nevill de halmshire . willo . de aldburgh . rico. seymore . rado . basset de dray●on . thomae darcey . thomae de morley . iohi. backier . waltero fitz-walter . iohi. lovell de hichmerch . iohi de monteacuto . simoni de burley , custodi quinque portuum . the parliament holden at salisbury on the friday next after st. mark the evangelist , in the seventh year of k. richard the . the same fryday being the th . of april , for that the duke of lancaster and other lords were not returned from the north , and for that also certain sheriffs had not returned their writs ; the parliament was adjourned untill the wednesday following , and in the mean time the commons were willed to go together to chose their speaker . the same wednesday the parliament was continued untill thursday following . the same thursday the king in person , with all the bishops and lords , except such as were with the duke of lancaster in scotland , and the commons which were assembled in the great hall of the bishop of salisbury in salisbury , therefore richly hanged , and dressed ; sr. michaell de la poole , lord chancellor of england , by the kings commandement declared the cause of the parliament . first , for the maintenance of the liberties of the church , observations of the laws , and preservation of the peace . the second , for treatie of peace between him and the french : whereof with opportunity he was to shew to them certain articles , wherein although the king of himself might well conclude , yet for good will he would not without their knowledg , and consent . he sheweth that if the peace take effect , yet cannot the same be concluded without the meeting of both princes , which for his honour requireth no small charge ; besides , the king hath spent much , and daily must more , for the defence against the scots , for saving his peeres beyond the seas , and for the safetie of guienne and ireland : the which how the same should be born , he chargeth them of their allegiance to consult , and give answer . receivers of petitions for england , ireland , wales , and scotland . receivers of petitions for gascoyne , and other places beyond the seas , and of the isles . tryars of petitions for england , &c. as above . tryars of petitions for gascoyne , &c. as above . the monday the th . of may , the commons assembled , beseeching the king to grant to them for conference , certain lords and nobles there named , which was granted . after that , the duke of lancaster with other nobles were returned , the commons besought the king to grant to them the same duke , and his two brothers of cambridg and buckingham . after this , the lords and commons granted to the king , a moitie of a tenth , and of a fifteenth of the laitie : providing further , that if wars with france and scotland did continue , that then the king should have the other moitie of a th . so as the clergie do pay thereto according to the rate , and so as if peace be taken , the last moitie to cease . iohn ca●endish fishmonger of london made his complaint first to the commons , and after to the lords in full parliament , requiring , first , that he might have surety of the peace granted against sir michaell de la pool knight , chancellor of england , the which was granted , and sureties for the peace for the said chancellor ; his sureties were the earls of stafford , and salisbury . that done , cavendish sheweth , that he having a weighty suit depending before the said chancellor against other merchants , and breaking with one iohn otier a clarke of the said chancellors for good success , otier undertooke he should be well heard , so he would give him l. for his travell ; cavendish himself became bound to otier therefore , and shortly brought herring and fresh sturgion to otier in part of payment ; which rehearsed , he would not charge the chancellor withall , but left the lords to judg thereof : only he said , that by the chancellor he was delayed , and could have no justice at his hands ; and further he saith , that at a time past the chancellor caused him to be paid for his fish , and his obligation to be cancelled , but whether of conscience he leaveth it to the lords judgment . the chancellor first before the lords , and then before the lords and commons affirmed himself to be innocent , and for delay , and not doing justice objected against him : he avouched the justices and serjants that were at the hearing of the cause : to the rest he said that in accompting with his servants and officers , he bolted out the said herring and sturgion to have come as a cheat , and understood also of the obligation ; whereat being greatly moved , he sent for cavendish , and ripping up of the matter , caused him to be paid for the fish , and his obligation to be cancelled , swearing by the sacrament of jesus christ , that he was not otherwise witting , but altogether ignorant . hereupon otier being sent for and examined , swore that the chancellor was never privie thereunto ; and the parties adverse of the said cavendish upon their oaths affirmed , that they never gave any reward to the said chancellor . whereupon the said chancellor required his remedy against the said fishmonger for the same so great a slander ; te lords therefore troubled with other waighty matters , let the said fishmonger to bail , to answer the said chancellor , and committed the matter to be ordered by the justices . in a schedule thereto annexed is contained , that sir robert tressillian , chief justice of the kings bench , robert belknap , chief justice of the common pleas , with other justices and counsellors hearing this whole matter , condemned the said fishmonger cavendish in a . marks for his slanderous complaint against the said chancellor , and his body adjudged to prison untill he had paid the . marks , and made fine and ransome to the king also . the commons for answer to peace , said ; that it beseemed them not to intermeddle with their counsel therein , and therefore referreth the whole order thereof to the king and his councell . the commons were urged to know , whether they desired peace of war , for one must they chose : they answered , an honourable peace for the king ; but for that in the articles were contained many terms of the civill-law , which they understood not ; and for that as they understood , the articles were , that the king should have guienne of the french by homage and service , they knew not what to say ; only they hope that the king meant not to hold callice , and other terrytories gotten by sword of the french. whereto was said , that otherwise peace could not be granted , and therefore willed the commons to chose peace or war , who in the end rather desired peace the abbot of st. edmonds burie , by a long bill sheweth how the men of the same town were pardoned for their late insurrections , so as they did find sufficient sureties for their good behaviour to the abbot , and his successors : and further sheweth that the towns-men hitherto had shifted the same , and prayeth that they may enter into recognizance for the same , which condition they in record expressed . the prior and covent of montague being an alien , by their petition declared how sir william seymor upon a sciri facias to execute a fine for the mannour of omdu-hall , with the appurtenances in somerset , brought against the said prior , and covent in the kings bench , recovered there the said mannour . he sheweth further how the said sciri facias was purchased , hanging a writ of right against the said prior , to which writ the said prior appeared , and that the said prior was over ruled to plead further , and no entrie thereof made ; he further sheweth matter , and prayeth ayde of the king , and it was over ruled without entrie thereof made : whereupon he beseecheth that the roll may be newly made , and amended , & due entries made , as in the roll is mentioned , which by the advise of the justices , and others their learned counsell was granted and made , wherein for the prothonotarie or bean-pleader are goodly forms , and directions . after which amendment and enrollment granted , the said prior and covent by a petition sheweth the old matter , and record ; and for certain errors therein contained , prayeth the examination , and reversall of the said judgment in parliament , and his sciri facias framed upon the said case , to warn the said richard to appear at the next parliament , to abide the order of the same , and therein no protection be allowed for the said richard : and further that the old process and record be at the same next parliament : all which were granted . petitions of the commons with their answers . it is enacted that the liberties of the church , the great charter , and the charter of the forrest be maintained . that no sherriff , under-sherriff , or escheator do remain in the office above one year . the statute made therefore shall be observed . that where the aldermen of london are yearly chosen , and returned at the feast of st. gregory the pope , they require that free choice may be made of the most able men , as well of such as were the year before , as of others , and that yearly . the king granteth thereunto , as long as thereby is good government in the city . sundry countries pray the king to make an allowance to such as have been sherriffs for such summes as they could not receive , and that provision may be made for all such as shall succeed . as in times past , the chancellor and treasurer may make allowance , and for the rest the king will provide . they require that the statute made against ravishers , in the th . year of this king , may be revoked . the statute shall continue , saving to the king , and other lords their forfeiture . anno octavo richardi secundi . rex &c. charissimo avunculo suo regi castellae & legionis duci lancast. &c. apud west . teste rege apud westm. . die sept. charissimo avunculo suo edward . com. cantabr . char. avunc . suo tho. com. buck. chariss . fratri suo tho com buck. dilecto , & fideli rico. com. arundell . thomae com. war. hugoni com. staff. edw. courtney com. devon. will. de monteacuto com. salop. rob. de vere com. oxon. hen. de percy com. northumb. tho. de mowbray com. notting . iacob . de audley . willo . bardolf de wormegay . iohi. fallesly chlr. guido de bryan . iohi. de clinton . gilberto talbot . iohi. de warr. hen. le scroope chlr. hen. de ferrariis de groby . tho. roos de hamelake . ioh. nevill de raby . ioh. gray de codonore . hen. gray de wilton . reginaldo gray de ruthin . hen. fitz-hugh . rico. de scroope . hugoni burnell . tho. camois chlr , willo . le zouch de harringworth . rogero de clifford . iohi. botreaux . rogero de scales . rado . de cromwell . michael de la poole . rado de lumley . willo . de thorpe . rado baroni de greystock . will. botteraux chlr. iohi. de bello monte . robto . de harrington . iohi. de clifford . robto . de willougby . rico. talbot de blackmert . ioh. de cobham de kent . willo . de eure. ioh. de strange de knokin . tho. de nevill de halmshyer . willo . de aldburgh . rico. seymore . rado basset de drayton . thomae darcey . thomae morley . thomae . de bourchier . waltero fitz-walter . iohi. lovell de fishmerch iohi. de monteacuto . iohi. de cherlton de powis . rico. de poynnings . thomae de berkley . iohi devereaux . simoni burleigh , constabular . & custodi quinque portuum . the parliament holden at westminster , the saturday next after the feast of saint martin in the eighth year of the raign of k. richard the . the same saturday the parliament for certain causes by the commandement was adjourned untill munday ensuing , and on the same munday it was adjourned untill tuesday next following for the like cause at the kings commandement . the same tuesday before the king , and lords sitting , and the knights , and burgesses standing , sir michael de la poole knight , chancellor of england , speaking much of the kings great care , towards the church , commons , and laws of england , sheweth the same to be the chief cause of the parliament . then rehearsing how the king had been environed with the french , spaniard , flemming , and the scots , who being confederate made great preparations to , &c. which were like to ensue , unless politick advice were made to resist , which was one other cause of this parliament , having these adjuncts how treasure might be gathered , without which no resistance could be . he shewed how for these defences , the king meant to hazard his own person to any perills whatsoever , that he might justly encourage all estates willingly to offer themselves , and what they had to such defence . then he touched the treachery , and falshood of the french , for that they , in the last treaty of peace at callice , persuading the english to decline there to departed from their own offers ; a good cause of assurance for the english in so good a quarrell to look for victorie . he then concludeth by shewing , that four means , or ways would greatly further● yea and speed this consultation . first , to be early in the house : the second , to repell all melancholly passions ; the third , to begin at most needfull matters , and then to direct without mixture of any orders . and fourthly , to abandon all maintaining and partaking . receivers of petitions for england , ireland , wales , and scotland . receivers of petitions for gascoyn , and other places beyond the seas , and of the isls. tryars of petitions for england , &c. as above . tryars of petitions for gascoyne , &c. as above . the lords , and commons granted to the king two fifteens conditionally , that the one moitie of the fifteen granted in the last parliament may cease , and so as if the king go not in person , or that peace be taken , then the last fifteen may cease . upon discourse between the chancellor , and schollers of cambridge , and the mayor and bayliffs of the same , for the kings grant made to the chancellor in the fifth year of this king tit . . the king explaineth his said grant in two points , viz. that the said chancellor , &c. shall have the delivery of the bushell , half bushell , and the peck , and the groat for the bushell ; and every other measure after the rate . and the said chancellor shall by his or their proper officer , summon , attach regrators , and such offenders of victuals , to appear , and answer such offences . walter sibell of london was arrested , and brought into the parliament before the lords , at the suit of robert de vere earl of oxford , for slandring him to the duke of lancaster , and other nobles for maintenance . the same walter denyed not but that he said , that certain there named recovered against him the said walter , and that by maintenance of the said earle , as he thought . the said earle being present affirmed himself to be innocent thereof , and to be tryed . walter thereupon was committed to prison , and the next day humbly submitting himself , he desired the lords to be a meane for him , saying , that he could not accuse him : whereupon the lords convicted him to the damage of . marks to the said earl ; for the which , and for his fine and ransome , he was committed to prison . alice the wife of sir william windsor knight , desired to have the judgement and order made against her , in the time of king e. . and the judgement and statute made against her in the first year of this king , to be repealed , and that she may be restored to all her lands and tenements whatsoever . the king repealeth those orders , judgements , and statutes , so as all gifts , grants , and feoffments of any the lands , tenements , or houses repealed may remain in force . the prior of montague rehearsed his matter contained in the last parliament , tit . . sir richard seymore in proper person appeareth , upon the sheriffs returne the old record and process at large repeated , wherein is a goodly forme of pleading , worthy of all good lawyers to be had by heart . the prior is willed to assign his errors , who assigneth according to the last parliament tit . . and for the error in being put out of the ayd of the king , the cause in long pleading was this . the k●ng granteth to william de montague , earl of salisbury , &c. by letters patents , the patronage of the said priorie , and the custody and farme of the same in time of peace , and war : yet after this grant made to the earl , the same king e. . for a certain rent granted the same priorie to the said prior during the wars , saving to him knights fees , and advousons of churches , and after granteth the same rent , or farme to the earl. and for that ayd of the king upon this disclosing was denyed to the earl , it was with the other conteined in the title before in error . for which errors , it was adjudged , that the former judgement given in the kings bench should be undone , and void , and that the prior should be restored to the said mannour , with the mean profits , with commandement given to the chancellor to execute the said judgement , so alwaies as the said sir richard de la poole by a writ of right , or a new scire fac . may prosecute his suit again . petitions of the commons , with their answers . the print touching the liberties of the church cap. . agreeth with the record in effect but not in forme . the print to●ching justices of assize cap. . agreeth with the record . the print touching justices , and barons of the exchecquer not to take any mans fee cap. . agreeth in manner with the record , but not altogether in forme , for that the record hath much more quod nota . that the goods , and lands of any being dead be not seised into the kings hands for any debt , unless the same be found of record a debt . it shall be used as in time past . that a pain may be provided for such as having any castle , or fort resident in the marches of scotland , and do not furnish the same for defence according to a statute made in the sixth year of this king. the king will charge the lords , to do the same as heretofore they have done . prohibitions touching tyth-wood , shall be granted according to the statute made in the th . of e. . which is enacted . sundry counties complain against the men of cheshire , for their sundry robberies , felonies , and other misdoings done in those countries , by reason of such misdoers forfeit no goods in the same shire , and to pray that they may forfeit their lands , and goods for fellonies done in other places . the king meaneth to provide remedy therefore , if god so will. that no man take any the fry of fish , in the river of thames , unless the mesh● of the net be according to the statute therefore provided . the statute therefore heretofore made shall be observed . that some remedy of defence may be provided for the towns of rye , and winchalsey , for that upon suddain invasions of the enemy , they are often spoyled and burned . the king will provide therefore . that none being sheriffs , under-sheriffs , or escheators shall for three years after execute the same office again according to the statute made . the chancellor shall answer by mouth . the answer of the chancellor . it were prejudiciall to the king , and his crown after one year to choose eft soon the same person being an able man ; wherefore it shall be at the kings pleasure . it is enacted , that the statutes made in the first year of king e. . cap. . and in the second parliament shall be observed . the print touching false entries of the clarks , &c. cap. . agreeth with the record . that such clarks of either of the benches , that shall refuse to bring into the courts , the rolls whereby attornyes may have free search , shall be imprisoned for one whole year , and fine with the king. who findeth himself grieved may complain to the chancellor , and shall finde remedy . that remedy may be had against clarks of the exchecquer , who will not allow the pardons of king e. . to the party without great charges . who hath cause to complain may so do , and be heard . that a generall pardon of all felonies , and other trespasses and offences may be granted . the king will thereof be advised . it is enacted , that no plea , which shall concern the common laws , shall be tryed before the constable , or the marshall . anno octavo richardi secundi . de faciendo servitio in comitiva regis versus scotos . rex , &c. charissimo avunculo suo joh. regi castellae novum castr. . die julii teste rege apud westm. . die maii. chariss . avunculo suo ed. com. cant. chariss . avunculo suo tho. com. buck. chariss . fratri suo tho. com. cantii . rico com. arundell . thom. com. warr. hugoni com. staff. edw. de courtney com. devon. will. de monteacuto com. sarum . rob. de vere com. oxoniae . hen. de percie com. northumb. tho. de mowbray . com. notting . iocobo de audley de heleigh . will. bardolf . de vvermigay . ric. poynings . guidoni de brian . ioh. de clinton . gilberto talbot . ioh. le vvare . henrico le scroope chlr. hen. de ferrariis de groby . ioh. roos de hamelake . ioh. nevill de raby . ioh. gray de codonore . hen. gray de wilton . reginaldo gray de ruthin . tho. de berkley . ioh. de fabsley chlr. will. le zouch de harringworth . hugoni burnell . rogero clifford . ioh. buttort . rogero de scales . rado de cromwell . michael de la poole . rado baroni de greystock . will. botreaux chlr. ioh. de bellomonte . rob. de harrigton . rob. de willoughby . thomae camois chlr. ric. talbot de blackmore . ioh. de clinton . ioh. de cobham de kent . will. de dacre . ioh. le strange de knokin . tho. de nevill de halmshyre . ric. seymore . rado basset de drayton . philippo darcy . tho. de morley . ioh. burchier . waltero fitz-walter . ioh. lovell de fishmerch . ioh. de monteacut● . symoni de burleigh custodi quinque portuum . anno nono richardi secundi . rex , &c. regi castellae , &c. apud westm. post festum sancti luci die veneris , &c. teste rege apud westm. quinto die decembris . chariss . avunculo ed. duci eborum . chariss . avunculo tho. duci albemarliae . chariss fratri tho. com. cantii . rado com. arundell . thom. com. warr. hugoni com. staff. ed. de courtney com. devon. will. de monteacuto com. sarum . rob. de vere com. oxoniae . hen. percie com. northumb. hen. com. derby . tho. de mowbray . com. notting . mich. de la poole . com. suffolke . iocobo de audley de heleigh . will. bardolf . de vvermigay . guidoni de brian . ioh. de clinton . ioh. le vvare . henrico le scroope . hen. de ferrariis de groby . ioh. nevell de raby . ioh. gray de codonore . hen. gray de wilton . reginaldo gray de ruthin . henrico fitz hugh . ric. de scroope . will. la zouch . de harringworth . rogero clifford . ioh. buttort . rogero de scales . rado de cromwell . rado de lumley . will. de thorpe . rado baroni de greystock . will. botreaux . ioh. de bellomonte . rob. de harrigton . rob. de willoughby . ioh. de cliffourd . ioh. de cobham de kent . will. de dacre . ioh. le strange de knokin . tho. de nevill de halmshyre . vvill. de alderburgh . ric. seymore . rado basset de drayton . philippo darcy . tho. de morley . tho. bourchier . waltero fitz-walter . ioh. lovell de fishmerch . ioh. de monteacuto . ioh. de cherlton de powis . ric. de poynings . tho. camois chlr. ric. talbot de blackmore chlr. ioh. devereux . symoni de burleigh custodi quinque portuum . the parliament holden at westminster the friday next after the feast of st. luke in the ninth year of the raign of king richard the . the same friday , for that sundry of the nobles were not come , nor the sheriffs returned their writs , the parliament by the kings commandement was adjourned untill the next day , and the same next day it was adjourned untill the munday then ensuing . on the which munday michael de la poole earl of suffolk , and chancellor of england , in the presence of the king , lords , and commons pronounced the cause of the parliament to be , how the state of the realm being assaulted on every side , with most mortall enemies might be defended , and preserved ; the defence he shewed to consist in four points , whereof two concerned outward , or forrain affairs , and two inward , or affairs within the realm . the one of the inward affairs was touching the staple , the other concerning money or coyn. the first of forrain affairs was , what was to be attempted for defence ? the second how the same war might be nourished , and maintained ? touching the staple , he thought best , that the same were planted within the realm , considering that the burgesses of callice , and other towns beyond the seas grew very rich thereby , and good towns at home within the realm were much decayed . and so much for the common profit . touching the king , he affirmed that the subsidie of wools yeelded more to the king , when the staple was kept in england by . marks yearly , than it did now being holden beyond the seas . touching the coyn he sheweth , that weighing how all nations much thirsted thereafter , and therefore conveyed much over , wherefore the best was to raise them by raising the value . that the realm was best defended by pursuing the enemy by sharpe war , and he perswaded by many reasons , that it was better to seek than to be sought , and that a subsidie was out of necessity to be granted ; which was as manifest as being offered to the king would be plausible : about all which he willed them to consult . receivers of petitions for england , ireland , wales , and scotland . receivers of petitions for gascoygn , and other places beyond the seas , and of the isls. tryars of petitions for england , &c. as above . tryars of petitions for gascoyne , &c. as above . the lords and commons granted to the king a fifteen , and half a fifteen , towards the voyage of iohn king castell and portugall , duke of lancaster , and for the safe keeping of the sea , and defence of the marches . the voyage of the same king and duke was appointed into spain , and agreed by parliament upon certain considerations , the last being so , as no part of the said subsidie was otherwise to be disbursed by them . it was agreed by parliament , that the subsidie of wool-fells , wools , and skins granted unto the king , untill the time of midsummer then ensuing , should cease from the same time unto the feast of st. peter ad vincula , for that thereby the king should be interrupted for clayming such grant as due . and from the said feast of st. peter , they granted the same subsidy to the king for one whole year to endure . it is also enacted , that the staple , shall be holden in england , in such place as to the king , and his councell shall be thought most meet . the duke of lancaster complaineth by mouth to the king , bishops , and lords in full parliament , that whereas after the death of thomas layhane , who held the mannor of latham in the countie of lancaster , of the said duke in thonage , whereby the mannour was seized into the hands of the said duke of lancaster , according to his countie pallatine of lancaster ; yet notwithstanding iohn stanley knight , in the right of isabella his wife , daughter and heir to the said iohn , had entred , and taken the profits of the said mannour without any livery , or other suit made in the chancery of the said duke , for which he prayeth remedy . after which upon full advise of the justices of both benches , and others of the kings learned councell ; it was declared in the said parliament , that the entrie of the said iohn into the mannour as aforesaid was unlawfull , and that the said iohn ought to make suit by petition or otherwise in the chancery of the said duke , for the livery of the said mannour in such case to be sued for . whereas the king at hounslow lodge in tividale , created edmund earl of cambridge , duke of yorke , and to have to him , and to the heirs of his body lawfully begotten , together with . l. out of the exchecquer untill the king had provided for him in tayl , as is aforesaid , land to the value of . l. the king by whole assent of parliament confirmeth the same , by girding a sword unto him , and by putting on his head a cap , and circle of gold. the like confirmation is made to thomas late earl of buckingham , and essex , and constable of england , being then and there created duke of gloucester , of the like estate of revenue , and ceremonies as is next before . the like confirmation is made to sir michael de la poole knight chancellor of england , being at the place aforesaid created earl of suffolk , to have to him , and the heirs males of his body lawfully begotten , with xx . l. of the profits of the countie aforesaid , together with . l. yearly of the hereditaments of william ufford late earl of suffolk , viz. the castle , town , mannour , and honour of eyes with the members of suff. the hundred of hertsmere , and stowe in suff. the farme of . l. . s. . d. out of the mannour of combs in suff. the mannour of gesengthorpe in essex , the mannor of canton in norff. the mannour of hangley in suff. the mannour of trendon in suff. the mannour of lowstock , in the hundred of luddington in suff. . l. yearly , which he should pay to the king for his mannour of costesly in norff. the which confirmation was by girding of a sword . the like confirmation was made to robert de vere earl of oxford , whom the king lately before created marquess of dublin during his life , the old lands and dominions of ireland , with all proffits , revenews , regalities , and jurisdictions whatsoever within the same , as ample as the king ought to have the same , and that he should enjoy to him and to his heirs all conquered lands by him , they except the kings only demesne in deed , or in right : the which confirmation was made by the girding of a sword , and putting on a circle of gold upon his head . petitions of the commons with their answers . the print touching the observation of sundrie statutes ; cap. . agreeth with the record . the commons of the counties of essex and hertford , require that the sheriffs of the same may upon their oaths be charged , or discharged of their accompts . the king will provide remedie therefore . the commons of devonshire pray that the sheriffs of the same may make their accompts as they did before the time of king e. the first . the king by advise of the councell , will provide remedie therefore . the commons of the counties of norfolk , and suffolk , pray that the sheriffs of the same may be yearly discharged of l. s. d. which they cannot receive by certain particulars there apparent . the king by advice of his councell will provide therefore . the commons of the counties of nottingham and darby , make the like request for their sheriffs , being yearly charged with l. s. d. the king will provide remedie therefore . that all persons , as well within the liberties as without , may be contributarie to the payment of the wages of the knights of the shire . it shall be as it hath been used . that all men upon an inquest of an office found by the sheriff , and meaning to traverse the same , may upon suretie found in the chancery , take the same in lease of the king , and no other , untill the right be found . the statutes so made shall be kept . that the heirs of the kings debtors upon extent of their lands , for the king may have the same in lease , doing therefore as others would therein . as it , hath been used , it shall be . the print touching villanies ; cap. . agreeth with the record . at the request of the commons it is enacted , to endure untill the next parliament , that every ship taken up for the kings service , shall towards their apparrelling , take for every quarter s. of every tun-lighter . it is enacted that none of the commons house shall be appointed collector , or assessor of any the subsedies now granted . they require that the patent lately made to the constable of the tower of london , whereby the collector of his office , taketh customes of wines , oysters , mussels , rushes , and other victuals coming to london by water , may be revoked . the petition of the major , and commonaltie of london is endorsed . it is enacted that the statute of purveyors , and buyers shall be executed , and that the justices of the peace , shall have power to hear and determine the same . that the statute of the kings houshold be yearly viewed , once , or oftner by the chancellor , treasurer and keeper of the privie seal : and that the statutes therefore appointed may be observed . the king granteth to the first at his pleasure , and to the second he granteth . it is enacted that all lords , and other persons , having any possessions on the marches beyond trent , do keep thereupon , saving that the king may shew favour where the same shall like him . that such money as remaineth in the prior of st iohns of ierusalems hands , called responcies , may be converted to the kings proffit . the king willeth that the same be sent by the covent to rhodes , to be imployed against the miscreants . that all captains as well of the marches as of callice , brest , chirburgh , and elsewhere , may continue them in their hands , and not let the same to farm. it is enacted . that inquisition and redress may be had against such religious persons , as under the license to purchase l. yearly , do purchase or c l. the king will be advised . that sufficient suretie of the sea be provided , and the admiralls names known . the king by advise of his councell shall provide therefore . they require to know who shall be the kings chief officers , and governours of the state. the king hath sufficient at this present , and will change at his pleasure . that such patents as are granted unto any lay-persons , or secular priest of any religious dignitie , may be revoked , and granted to like of profession , the statutes therefore made shall be observed . the king at the petition of the commons pardoneth the payment of escuage for his voyage into scotland . it is enacted , that the treasurers appointed for this war , shall defray no part of the subsidy now granted , otherwise than to the use of the war. it is enacted , that all the revenews , as well in the exchecquer , as elsewhere , shall be layed up for one whole year , without any diminution thereof by any gift . it is enacted , that the bishops of winchester and exeter , and two bannerets shall have power to search , and to take order as well in the cxxl. respontions , scismaticks , and other the kings debts , together with the lords of the councell . that all clarkes advanced to any ecclesiast dignities , or livings by the king , will grant to the king the first fruits of their livings , none otherwise than they would have done to the pope , being advanced by him . it liketh the king , so the clergie will thereto accord . that such as have any fee of the king , and serve him in fee place , may be appointed to serve the king on the marches of scotland , except old , and impotent . it liketh the king for such as have to live on their money besides the kings grant . note that of the statutes of the . , and . chapters contained in the printed book , is no mention made in this record . anno decimo richardi secundi . rex &c. avunculo suo edw. duci ebor , &c. apud westm. primo die octobris ; teste rege apud osney viii die augusti . chariss . avunculo . tho. duci gloucester . chariss . fratri tho. com. cantii . rico. com. arundell . tho , com. ware. edw. de courtney com. devon. will. de monteacuto com. sarum . rob. de vere marchioni dublin . henr. percie com. northumb. michaeli de la poole com. suff. hen. com. derby . tho de mowbray com notting . nico. de audley de heleigh . iohi. de fallesly . chlr. tho. camois chlr. guidoni de bryan . iohi. de clinton . gilberto de talbot . iohi. de ware. hen. de scroope chlr. hen. de ferrariis de groby . iohi de roos de hamelake . willo .. nevill de raby . iohi. gray de codonore . hen. gray de wilton . reginaldo gray de ruthin . hen. fitz-hugh . rico. de scroope . rico. talbot de blackmore . iohi de enerenx . hugoni burnell . willo . la zouch de harringworth . rogero clifford . rado . de cromwell . rado . lumley . willo . thorpe . rado baroni de greystock . willo . botteraux chlr. iohi. de bello monte . robto de willoughby . iohi de clifton . iohi. de cobham de kent . willo de dacre . ioh. de strange de knokin . tho. de nevill de halmstryer . willo . de aldburgh . rico. seymore . rado basset de drayton . phillippo darcey . thomae de morley . iohi. de bourchier . iohi lovell de fishmerch . iohi de monteacuto . iohi. de cherlton de powis . tho. de berkley . simoni de burleigh custodi quinque portuum . the parliament holden at westminster , the first o● october , in the th . year of the raign of k. richard . on this day sir michaell de la poole earl of suffolk , chancellor of england , by the kings commandment in the presence of the king , lords , and commons declared , that the principall cause of the parliament was , for that upon a councell late gathered at oxford , the king meant in person with an army royall , to pass into the parts beyond the seas , the which his purpose of the same continued , it was then to be debated in what wise , and wherewith the king should pass . he sheweth that four causes moveth the king to pass : the first , for that he might with less charges assail his enemies , than against them to make the defence . the second , to avoyd the reproch blazed of him , that he durst not pass in person . the third , to purchase his right to the crown of france . the fourth , thereby to win renown and honour ; and sith the french did daily make themselves strong to invade the realm , he wished them to consult thereon , and for the maintenance of the laws , and preservation of the peace . receivers of petitions for england , ireland , wales , and scotland . receivers of petitions for gascoyn , and other places beyond the seas , and of the isls. tryars of petitions for england , &c. as above . tryars of petitions for gascoyne , &c. as above . sir michael de la poole earl of suffolk and chancellor of england , was accused by the commons in full parliament before the king , bishops , and lords , and had objected against him six severall articles , the first , and chief of the same , that he purchased lands to a great value of the king , during the time that he was chancellor , in deceit of the king. the other five seemed of some importance , but were onely quarrels , and little matter . to which accusation the said earl demanded of the lords , that sith he was chancellor of england , and therefore for the time represented the kings person in his absence , whether he should answer without the kings presence , for things done while he was chancellor . secondly , he said that by advice of his counsell , he had appointed sir richard le scroope his brother in law , to answer for him . the lords answered , it was honest , and fit for him to answer for himself , whereupon the earl making protestation , that he might adde , or diminish to his answer , that which might be for him honourable by the advice of his counsell , they granted thereunto . and to the first , and chief article , the said earl answered , that while he was chancellor , he neither purchased lands of the king , nor the king gave any to him , unless he was advanced to be earl , but onely by way of exchange , viz. that the said earl had lands of the king to the value of cccc . marks for the like value of inheritance , which the said earl had out of the custome of kingston upon hull ; whereof some part was assigned to him before he was chancellor , and some touched his descent . but sir richard le scroope therein shewed , how the said earl by his valiant doings in sundry battails , and his worthy behaviour , and counsell in sundry offices at home had justly deserved what he had . the commons replying to the answer of the said earl , shewed forth his oath whereto he was sworn being made chancellor , the effect whereof was , for doing justice , observing the laws , counselling the king , keeping his secrets , not to suffer any damage , or disherizon to the king or to his crown , and that by all means he should promote the kings profit . and hereupon because he confessed the gift of the lands to him , whilst he was chancellor , and that during the same time the exchange was made to the king of good lands for a casuall custome , they inferred , that the same was not for the kings profit according to his oath , and therefore pray judgement . in semblable manner they reply to the answer of the other five articles , by urging things to the uttermost , and so of every of them prayed judgement . and note that where the king gave to the earls eldest son the priorie of st. anthonies , for that the prior of that same was french , who were against the pope , and therefore schismaticks ; another after by the popes provision , was commended to the said priorie , being worth . marks yearly , whom the earl would not suffer to be admitted to the said priorie , as the commons surmised , untill he had granted unto the earl c. l. yearly , and to his son during their lives . upon which the commons by their replications to the said article shew , how sir william thorpe , late chief justice of the kings bench , was adjudged to death , and to forfeit his lands and goods , for receiving . l. of one for a matter depending before him , in which predicament by urging , they would have the said earl , for the act next before . the earl rejoyneth to their replication , and sufficiently proveth that to the oath was another intendment , nothing so straightly as they would enforce , and thereby further approveth that notwithstanding his oath , he might as he did both lawfully take , and buy . to the ninth title before he proveth great difference between thorpes case , and his ; for that thorpe for matters depending before him took rewards , and sold justice , but in the case of the prior , he came to the said earl not as a judge , but as the father of his son , who had the said priorie , with whom composition was made as for a thing in debate . after which answer , and replication made by the said earl. the said earl at the request of the commons , for the grievous offences against him surmised was arrested by the kings commandement , and committed to the keeping of the constable of england , and after let to mainprize . the judgement against the said earl was , that for breach of his oath conteined in the first article , all the said mannor and hereditaments , which he had of the kings gift contained in the said first article , should be seized into the kings hand , to have to him and to his heirs for ever , together with all the mean profits , and issues of the same , saving to the said earl , the name and title of an earl , together with xx . l. yearly granted out of the profits of the countie of suff. the like judgement was also given against him , for the . marks of land exchanged with the king for so much revenues out of the custome of hull . the like judgement was also given against him , for the mannour of flexfleete exchanged by the king for . l. yearly going out of the custome of hull . the like judgement was given further against him for all the meane profits , and other commodities by him received , or due to be received for the said priorie of saint anthony . and it was further adjudged , that the charter granted to dover , under the great seal , though it passed by warrantise , should be revoked , and utterly cease . the lords , and commons granted to the king one half desme , and one half fifteen , and for defence of the realm of every tun of wine coming in , or going out of the realm iii s. and xii . d. of every pound of marchandize , except the staple ware , and the subsidie of wools and staple wares : they also grant for one year another half of one fifteen upon certain conditions , viz. that if certain bishops , lords , and others there named , and appointed to be commissioners for the redress of enormities , do cause the king by their inventions to be supplyed by their profits , that then their latter grant to stay , upon condition those persons there named to be of the continuall councell should not be removed , and have their said commissions repealed ; and that the same their grant , and conditions be exemplified under the great seal , of every shire freely . petitions of the commons with their answers . it is enacted that the great charter , the charter of the forrest , and all other statutes be observed without any patent to the contrary , saving to the king his prerogative . they require , that the king will appoint certain of his chief officers , the chancellor , treasurer , keeper of the privy seal , and steward of his houshold , and that certain may be appointed to be of his great couucell for one year . the king granteth , and touching his steward of his houshold , he will appoint with the advice of his counsell . and note that more than this last act is no mention made of the first act in print of this year . that no cardinall , nor other alien do enjoy within this realm any prebend or other benefice . the statutes therefore made shall be observed . it is enacted that the statute touching priors , and possessions of aliens shall continue without repeale . it is enacted , that all the liberties granted to the town of great yarmouth shall be confirmed , notwithstanding any repeale ; provided alwaies that all manner of persons as well aliens , as demizenes , may lawfully buy and sell herrings , and them carry away within the same town , and port , at their pleasures , during the fair there . that the statutes whereby the justices of one bench , and the other should take no reward , nor be of any mans fee , may be observed . the king hath , and will charge such justices , to minister right , and will punish the contrary , and therefore willeth that all statutes made touching them , and the barons of the exchecquer be made void . that inquisition may be made in every county of liberties granted to any person , and of the value , so as upon returne of the same every sheriff may be discharged of the same values . the king will provide remedy by the advice of his councell . that no protection to delay any man be granted . that no man do carry any victualls into scotland or elsewhere by safe conduct or otherwise . the king granteth with speciall licence . that there may be no more serjeants at arms , than have been heretofore , and that for doing otherwise than they should , they may be expelled . the statutes of the kings houshold shall be observed . that no prorogation be granted from henceforth in assize of novell dissesin , or other plea of land in delay of the party . if the same be demanded the king will be advised before he grant . that every owner of a ship serving the king , may have for every quarters service of the same ship iii s iiii d. of every tun weight . the king hath committed the same to his councell to be considered of . that all bishops , and lords having their resiants within the counties of york , gumberland , and vvestmorland , may abide there upon a great pain . the king will request , and charge them so to do . that all grants of comptrollers of ports for life may be revoked , and not the like hereafter granted . they upon their examinations shall continue hereafter , and for their continuances , the king will provide therefore . that all charters , and patents made in the time of the last chancellor , may be repealed by this parliament . the king granteth thereto by the advice of his councell . the archbishop of canterbury , being appointed among other lords by commission to view the state of the realm , and being moved to answer for the execution of the same , as all other lords were , maketh a long protestation , entred by word , the effect whereof was ; that for as much as he and his predecessors time out of minde , had the prerogative that they should , and ought to be in all the councels and parliaments of the prince and of the realm , and ought not to be sworn to any inferior unto the pope , and thereby ought not to be sworn , yet of his meer good will , saving the same his prerogative , he taketh upon him the oath . the king in full parliament by his own mouth maketh open protestation , that for any thing which was done in the same parliament , he would not turne it to the prejudice of him or of his crown , but that the prerogative of him and his crown might be saved . it is to be remembred that this parliament made an end on wednesday the th . of november . anno vndecimo richardi secundi . rex , &c. ed. duci eborum , &c. apud westm. cro. purificationis mariae ; teste rege apud windsor xvii . die decembris . chariss . avunculo tho. duci gloucestriae . chariss . consanguineo regis rob. duci hiber . chariss . fratri regis thom. com. cantii . dilecto & confanguineo ric. com. arundell . tho. de bellocampo com. war. ed. de courtney com. devon. will. de monteacuto com. sarum . hen. de percie com. northum . hen. com. derby . tho. de mowbray com. norff. & marescal angliae . iacobo de audley de heleigh . ioh. de fallesley chlr. tho. camois . guid. de bryan . ioh. de clinton . ric. talbot de godricastle . ioh. de war. ric. le scroope chlr. hen. de ferrariis de groby . ioh. roos de hamelake . ioh. de nevell de robie . ioh. gray de codonore . hen. gray de wilton . reginaldo gray de ruthin . hen. fitz-hugh . ric. le scroope . ric. talbot de blackmore chlr. ioh deureeux . hugo burnell . will. la zouch de harringworth . rogero clifford . rado cromwell . rado de lumbley . will. de thorpe . rado baroni de greystock . will. botreaux chlr. ioh. de bellomonte . rob. de harrington . rob. de willoughby . ioh. de clinton . ioh. de cobham de kent . ioh. beauchampe de ridermi●● . will. dacr● . ioh. le strange de knokin . tho de nevill de halmshyre . will. de aldburg . rico seymore . rado basset de drayton . phillippo darcey . thomae de morley . ioh. de bourchier . ioh. lovell de fishmerch . ioh. de monteacuto . ioh. de cherlton de powis . tho. de berkley . ioh. de wells . philippo le de spencer . simoni de burley , custodi quinque portuum . anno vndecimo richardi secundi . de essendo ad parliamentum . rex , &c. avunculo suo tho. duci . gloucestriae . chariss . fratri rs. tho. com. cantii . rico com. arundell . thom. com. warr. edw. de courtney com. devon. will. de monteacuto com. sarum . hen. de percie com. northumb. hen. com. derby . tho. de mowbray . com. norff. marresc . angliae . nico. de audley de heleigh . ioh. de fallesley chlr. tho. camois chlr. guidoni de brian . ioh. de clinton . rico. talbot de greystock . ioh. de roos de hamelake . ioh. de nevill de rabie . hen. gray de wilton . hen. fitz-hugh . ric. le scroope . ioh. devereux . hugo burnell . will. la zouch de harringworth . rogero clifford . rado cromwell . rado lumley . will. thorpe . rado baroni de graystock . ioh. de bellomonte . rob. de harrington . rob. de willoughby . ioh. de cobham de kent . ioh. de le strange de knokin . tho. de nevill de halmshyre . ric. seymore . rado basset de drayton . philippo dacry . tho. morley . ioh. bourchier . ioh lovell de fishmerch . ioh. cherlton de powis . tho. de berkley chlr. the parliament holden at westminster the munday after the purification of our lady , in the eleventh year of the raign of king richard the second . the same day thomas bishop of ely chancellor of england by the kings commandement declared very wisely , & eloquently . the cause of the parliament ; viz. by what means the great troubles grew within the realm , for want of good government , might be appeased , the king better counselled , the realm better governed , peace better observed , the laws more straightly maintained , justice more indifferently ministred , misdemeanors more severely punished , and well-doers the better cherished ; how also the realm might be best defended , how the sea kept , the marches of scotland well guarded , and the parts of guienne valiantly acquitted , whereof some part was then besiedged , and how the charges about these exploits might most easily be levied . receivers of the petitions for england , ireland , wales , and scotland . receivers of petitions for gascoin , and other places beyond the seas , and of the isles . triars of petitions for england &c. as above . triars of petitions for gascoin &c. as above . after this thomas duke of gloucester , kneeling before the king , said , that he understood how that the king was informed , that he went about to depose the king , and to make himself king ; wherefore he offered there to declare and shew his estate in that behalf , as the lords of the parliament would award ; whereupon the king said openly in the parliament , that he thought that the said duke was nothing faultie , and therefore held him excused . in the parliament all the lords , as well spirituall as temporal , being present , claimed their liberties , and franchises ; viz. that all weightie matters in the same parliament which should be after moved , touching the peeres of the land , ought to be determined and judged , and discussed by the course of the parliament , and not by the civill law , nor yet by the common laws of the land used in other more courts of the realm ; the which clayme and liberties the king most willingly allowed , and granted thereto in full parliament . in full parliament also the . lords appellants ; viz. tho. duke of gloucester , henry earl of darby , rich. earl of arundell , tho. earl of worcester , and thomas earl marshall , made their open protestations , that whatsoever they attempted , touching their appeal , and suit in this parliament or before , they , and their partakers did the same , chiefly to the honour of god , the ayde and safetie of the king , the realm , and their own lives . in this parliament the arch-bishop of canterbury made openly solemne protestation for himself and the whole clergie of his province entred by word . the effect whereof was ; that albeit , he might lawfully be present at all their parliaments , yet for that in this parliament matters of treason were to be intreated off , whereat by the canonical law , they might not be present : they therefore absented themselves , saving their liberties therein otherwise . the like protestations did the bishops of durham and carlile make . on tus●day the th . of march , being the th . day of this parliament , the lords and commons granted to the king one half desme , and half fifteenth for the defence of the sea , so as the same be thereon only imployed : and so as the same be not made , or taken for an example , being given before the end of the parliament : whereby any subsidy should be hereafter demanded before the end of the parliament . on friday the th . of march , and the th . day of the parliament , the lords and commons granted to the king in defence of the realm , and safetie of merchandize , s. of every tun of wine , and d. of every pound of merchandize , except of staple ware : and also they granted to the king , the subsidy of staple ware. the same day , all the lords , bishops , and commons , were openly sworne in parliament , upon the cross of canterbury , that they should see the peace kept , that they should live and dy in the quarrell , and defence of the bodies of the . lords named , tit. . if any thing were against them attempted , saving their allegiance to the king , and their due obedience to his prerogative and laws . the same friday , for that easter approached , the parliament by common assent of the whole estates was continued from the said friday untill monday next after the quindene of easter then ensuing , and thereupon writs were made to all the lords summoned to the parliament , to be then there . on monday the same parliament revived his course according to the request of the lords and commons . on tuseday the . day of iune , being the th . of that parliament , the lords and commons granted to the king in defence of the realm , one subsidy of wooll , skins , and wooll-fells carryed forth of the realm , viz. of every sack of wooll over and above the old custome of s. d. and s. d. of denizens , and of strangers , s. d. of every last of skins over the custome of one mark , l. s. d. of denizens l. s. d. of strangers of every cc wooll-fells , over the old custome of s. d. of aliens for one whole year , upon condition that the said lords named in tit. . may receive the &c. in manner of this grant , and subsidy untill they have levyed the l. towards their charges , layed out for the honour and safety of the king , and of the realm . they also grant unto the king for one whole year , as is contained before in tit . the king by parliament granted to dame anne , the late wife of sir iames barnes kt. the mannour of west-horkey , with the appurtenances in surrey , being by the forfeiture of the said sir iames , untill she were marryed , or otherwise advanced freely . the king also by the like assent , granted to sir william fulthorpe kt. his father , and being in the kings hands to have the same annuity , during the life of the said sir roger. the king by like assent , granted to dame katherine daughter of the earl of staff. deceased , and to michaell de la poole , the son of her husband , certain mannours in the counties of lincolne , and not. the which sir michael de la poole his father , late earl of suffolk , long before any forfeiture had given the said dame katherine , and to her said husband , and to the heirs of their two bodyes lawfully begotten ; the which grant the king made at the request of the earl of warw. and other lords , cosins , and allies of the said dame katherine . the king at the request of the . lords , appellants ; tit. . granted to ayde ieffrey martin cleark of the crown , and at the request of the commons granted to ayde iohn de scardeburgh . petitions of the commons , with their answers . that the parliament may be holden in the quindena of michaelmas then ensuing . the king will be advised . that no person do intermeddle about the kings person , or affairs of the realm , other than those that be appointed by those of the parliament , or other than such as be assigned by the lords of the continuall councell . that those lords may remove all persons in the kings houshold , and place others as they think , that those lords be sworn , as in the oath there is contained . to the first the king granteth : to the second upon proof of any ones unworthiness about his person , and declaration to him made , he shall be removed , and others placed . the effect of the aforesaid oath was , that he should by no means suffer any judgment , ordinance , or statute made in this parliament to be repealed at any time to come , that he should see the laws observed , and the peace kept . that no hereditaments , or other profits then escheated to the king be granted to any during the wars , and that no person do attempt to crave any of the same , but that the same be imployed to the kings best profit . the king granteth , except offices and bayliwicks , and such gifts as he hath made in the parliament , so as all men that do pretend any title of any thing forfeited , do therefore sue to the councell that the queen do pay xiii l. to the kings houshold , as the late queen that dyed did , or otherwise according to the rate of the dower . the king willeth the same according to the advise of himself , and of his councell . that such impositions as are gathered by the popes bulls of volumus & imponimus , of the translations of the bishops , and such like , may be imployed upon the kings war against the scismaticks of scotland : and that such as bring into the realm the like bulls or novelties , may be reputed for traytors . the king granteth , that no such impositions be to the charge of the people , and will write to the pope , to stay such novelties . that the two half desmes granted by the clergie of the province of york , may be speedily levyed , and that none do save the denyers of the same , upon pain to be out of the kings protection . the one half desme is granted , and for the other , the king hath written , for whom the king will ordain punishment , if they refuse to pay . that all the bohemians , and others then such as be by the councell appointed to serve the queen , may depart the realm by midsummer ensuing , on pain to be out of the kings protection . the king willeth that they be warned by the chancellor , steward , or chamberlain , by that time to avoyd the realm . the print touching merchants selling ; cap. . agreeth in effect with the record , but not in form . the print touching annuities granted by the king ; cap. . agreeth with the record . the print touching impositions on staple ware ; cap. . agreeth with the record . that regard may be had to all such sheriffs as are over-charged upon their accompts , and that all gaoles let out by patent may be rejoyned by the sheriffs . for regard of the sheriffs , the king granteth to his councell power to pardon , as to them shall seem good between this and the next parliament , and to the gaoles they will be advised . the print touching letters of the signet , or privie seal ; cap. . agreeth with the record . the print touching the place where assizes , or gaole-deliveries shall be ; cap. . agreeth with the record in effect , but not in form . it is enacted that the lords appellants shall receive l. as is contained before . . the king at the request of the commons granteth pardon to the citizens of london , of all treasons , fellonies , and other offences of loss of life , except iohn northampton draper , iohn moore , and richard northbury mercers , saving to the king all forfeitures and escheates , and that such as will have pardon do pursue therefore their charters . the print touching the attainder of the arch-bishop of york , and others , cap. . agreeth with the record in effect , but not in form . the print touching the affirmation of judgment against the parties aforesaid ; cap. agreeth with the record in effect , but not in form . the print hath no pardon by grant , or procured to any the parties aforesaid ; cap. . and agreeth with the record as before . that no man shall be impared of any misgovernance about the kings person , other than be such as are there named ; cap. . agreeth with the record as above . that the staple of woolls may be removed from midleborough unto callice before michaelmas ensuing , and that the bullion may be there . the king is willing that the lords of his own councell , with others have power by this parliament to appoint the same at callice or elsewhere . it is enacted , that the chancellor , and keeper of the privie , seale , shall have power to survey the courts of the chancery , both benches , the exchecquer , and the receipts , to remove such officers as therein be not fit , and others to place in the same . it is enacted that no comptroller , or wayer of any ports within the realm do enjoy their said offices , but during their good behaviour at the kings pleasure . that the king will have due consideration of the great charges sustained by the bishop of elye , chancellor of england to the great decay of the possessions , houses and store of charls of york , whereto the said chancellor is translated ; whereunto the king by the mouth of his steward , promised to consider the same to their contentations . the king at the request of the commons createth sir iohn holland his brother to be earl of huntington , by girding him with a sword ; to have the same honour , and style to him and the males begotten of the bodies of him , and elizabeth his wife , with . l. of the profits of the said county of huntington ; he also giveth to the said iohn and his heirs begotten of the body of the said elizabeth land by year , with the said . l. and other lands to him before time given ; in which grant are recited , the letters patents the king delivered in full parliam●nt to the said earl , and him committed to sit among the peers in the parliament . they require , that the lords merchers of the north may remaine and dwell upon castles , and other places upon the marches , saying , that if it were so , the king would save great charges . the king answered , that he would have the lords to doe as their ancestors had done , in the time of his progenitors . the commons require , the king , that it would please him to renew his oath made at his coronation , and that bishops , lords , and commons may onely swear to him according to the oath ensuing . whereupon on wednesday the third of iune being the th . day of the parliament , after a mass of the holy ghost in the church of westminster , and a sermon made by the archbishop of canterbury , the king reneweth his oath with great solemnitie in the said church of westminster , the bishops , lords , and commons beholding the same , at which time the bishops did their fealtie to the king , and the lords their homage , who with the commons were then sworne openly as ensueth . the effect of the oath was , that they by no means should suffer any judgement , ordinance , or statute made in the parliament to be repealed , that they should see the good laws and customs of the realm to be maintained , and peace kept . after which done , the archbishop , and other bishops pronounc●d a solemn excommunication against all breakers of the same . on thursday the fourth of iune , the lords yeilded most humble thanks to the king for his great justice done ; at what time the king by his chancellor gave them hearty thanks for their grants to him made . and thus the said chancellor willing the knights and burgesses to sue forth their writs for their fees , the parliament ended . touching the fourth , fifth , and sixt chapters in print of this year is no mention made in this record . anno duodecimo richardi ●ecundi . rex , &c. av●nculo suo ●d . duci ●bor . &c. salut●m . apud c●nt●b &c cro. nativitat . mariae prox . futur : &c. teste rege apud oxon. xxviii . die julii . chariss . avunculo suo tho. duci gloucestriae . chariss . fratri regis tho. com. cantii . chariss . fratri regis ioh. holland com. huntington . dilecto & fideli consanguineo ric. com. arundell . tho. com. warr. ed. de courtney com. devon. will. de monteacuto com. sarum . hen. percie com. northumb. hen. com. darbie . thom. de mowbray com. maresc . & nottingh . ric. de audley de heleigh . ioh. de fal●esley chlr. tho. camois chlr. guid. de bryan . ioh. de clinton . ric. talbot de godrackcastle . ioh. le ware. hen. le scroope . ioh. roos de hamelake . ioh. nevill de raby . ioh. gray de codonore . hen. gray de wilton . hen. fitz-hugh . ric. scroope . ioh. deureeux . hugo burnell . will. la zouch de harringworth . rogero clifford . rado de cromwell . rado lumley . will. de thorpe . rado baroni de greystock . will. bottera●x chlr. ioh. de bellomonte . rob. de harrington . rob. de willoughby . ioh. de clifton . ioh. de cobham de kent . will. de dacre . ioh. de strange de knokin . tho. de nevill de halmshyre . ric. seymore . rado . basset de drayton . phillippo de darcey . tho de morley . ioh. lovell de fishmerch . ioh. de monteacuto . ioh. de cherlton de powis . tho. de berkley . ioh. de welles . philippo de le dispencer . ioh. devereux custodi quinque portuum . anno decimo tertio richardi secundi . rex &c. joh. duci lancastriae , &c. apud westm. die lunae post festum sci. hillarii , teste rege apud redding sexto die decembris . chariss . avunculo suo ed. duci gloucestriae . chariss . fratri . tho. com cantii . chariss . fratri ioh. holland com. huntington . ric. com. arundell . tho. com. warr. ed. de courtney com. devon. will. de monteacuto com. sarum . hen. de percie com. northum . tho. de mowbray . com. maresc . & notting . rico. audley de heleigh . ioh de fallesley chlr. tho. camois chlr. tho. de morley . ioh. bourchier . ioh lovell de fishmerch . ioh. de cherlton de powis . ioh. de clinton . ric. talbot de greystock . ioh de warr. hen. de scroope . ioh. roos de hamelake . rado nevill de rabie . ioh. gray de codonore . hen. gray de wilton . reginaldo gray de ruthin . hen. fitz-hugh . ric. le scroope . ioh. devereux . hugo burnell . will. la zouch de harringworth . tho. de clifford . rado de cromwell . rado lumley . will. thorpe . rado baroni de graystock . will. botreaux . ioh. de bellomonte . rob. harrington . rob. de willoughby . ioh de cobham de kent . will dacre . ioh. de strange de knokin . tho nevill de halmshyre . rico. seymore . rado basset de drayton . tho. darcey . tho. de morley . ioh. bourchier . ioh. lovell de fishmerch . ioh. de monteacuto . ioh. de cherlton de powis . tho de berkley . ioh de wells . philippo le dispencer . almarico de st. amand. ioh. devereux custodi quinque portuum . the parliament holden at westminster the munday next after the feast of st. hillarie in the thirteenth year of the raign of king richard the second . on the same munday being the eleventh day of ianuary , william de wickham bishop of winchester , and chancellor of england , by the kings commandement declared before him , and the whole estates , how the king now being come to more full age , meant the better to see his people governed , and that as well the clergy as the temporallitie should enjoy all their liberties ; he further sheweth how the king being environed with his enemies of france , spain and guienne on the one part , and of scotland , and ireland on the other , was now to consult in what wise peace , or defence might be taken with them . and how ayde to sustain the charges thereof , might be levied of the lords and commons , without which it would not be avoyded . receivers of petitions for england , ireland , wales , and scotland . receivers of petitions for gascoine , and other places beyond the seas , and of the isls. tryars of petitions for england , &c. as above . tryars of petitions for gascoine , &c. as above . on the twentieth day of ianuary , the fourth day of the parliament the bishop of winchester being chancellor , and the bishop of st. davids being treasurer , with all the lords of the great councell , except the clarke of the privy seal , prayed the king to be discharged of their said offices , and to have others therein placed . at which time the chancellor gave up to the king the great seal , and the treasurer the keys of the exchecquer , the which the king received , and them discharged , together with the lords of the great councell ; who being discharged , required openly in the parliament , that every person would complain of any thing unduly done by them . the commons required respit of answer untill the next day , at which time they with the lords upon demand , affirmed all to be well done . whereupon the king recharged those officers by delivering the great seal to the said bishop of winchester , and the keys of the treasury to the said bishop of st. davids , and received those to be his councellors , which were before , with his uncles the dukes of lancaster , and gloucester , with protestation for any act then done , he would at his pleasure take , or refuse his councellors aforesaid ; all of which said officers , and councellors were then sworn in parliament faithfully to counsell the king. for certain causes shewed in parliament , it was enacted that no man should be impannelled , or returned in the assize of novell disein , granted by walter parke of upton escanda●●ore before the justices of assize in &c. against ioan prioress of detford , and her under-tenants in ashton , st. george of ashton bevell , nor in any inquest to be taken in a writ of trespass by the said walter before the justices of the common place against henry green knight , and the said prioress for trespass done at upton escandamore , unless he have lands and tenements , to the value of l. a year at the least . the th day of ianuary , iohn mandonor cleark , was charged openly in parliament , that he should not pass , nor send over to rome , nor attempt to do any thing there touching the arch-deconry of durham , in prejudice of the king , or of his laws , or of the partie presented thereto by the king , on perill of that might ensue . iohn choungeor complainant against sir robert knowles knight : for that he infeoffed the said sir robert of certain his lands , untill certain money was to him payed , which was done , and that the said iohn could not have his land : whereupon by writ the said sir robert appeared in parliament , both of which parties being then heard , for that the matter seemed to be determinable at the common-law , the same parties were remitted thereto . it was enacted that upon deliverance of such as were appealed for the death of iohn bowceby cleark in lincoln , none should be returned unless he might freely dispend l. by the year at least . upon complaint of the bishop , deane & chapter of lincoln , for that they could never by distress , or other means come to their rents in the same town of lincoln , by reason of the liberties granted to the said town , whereby the major and townsmen having the tryall of all such matters before them , kept them from their right . a writ was directed to the major and bayliffs of the said town , to appear at a certain day before the lords , and to have full authority from the whole commonaltie of the same , for abiding their determinations therein : at which day the said major and bayliffs appeared in proper persons , and for that they brought not with them full power from the said commonaltie ; they were adjudged unto contempt . and it was further enacted , that in assizes , juries , and all other inquests which should be taken between partie and partie , before the major & bayliffs , that for the same time shall be : if any of the said parties would complain of a false verdict thereby given , they should have the attaint to them granted , and the record by writ shall be sent into the kings bench , or common place : and that in all such attaints the sheriffs return forraigners of the said countie , without sending to the said citie ; the which jurie the justices shall take notwithstanding any libertie to the said citie granted . the chancellor and schollers of the universitie of cambridg , by their petition require , that they , their ministers and servants , be not put to answer of any treason or fellonie , or other breach of law before the major and bayliffs of the same town : and that upon the tryall of all such offences , the sheriffs do return forraigners o● the same county , and none of the town , or suburbes ; the major and bayliffs were commanded as in tit. . before : they accordingly appear , but brought no warrant from the commonaltie of the same town , whereupon they were adjudged to fall into a contempt . thomas methom knight complaineth , that whereas an appeal was brought by elizabeth , the wife of sir iohn fitz-william of archsay kt. for the death of the said iohn , against iohn aske and others in the kings bench : the same iohn found that the same thomas , and one iohn freyer were purchasers of the said appeal , to the damage of . marks of the said iohn aske , for the which damages , he the said thomas remained in the marshallsey . whereupon for that the said tho. shewed an error in the same judgment , at his request it was adjudged , that he should have a sciri fac . grounded upon his case , returnable at the next parliament , to warn the said iohn aske then to be there ; that the said thomas should be delivered out of the malshallsey upon sufficient suretie , untill the errors heard . and thereupon the bishops of lincoln , and norwich , the lord nevill , and sir iohn lovell to make a grant for damages untill the said iohn aske undertook to bring forth the body of the said thomas the next parliament , to be rendred to prison , if then the judgment were affirmed ; and it was commanded to the chancellor to make writs , as well for the delivery of the said thomas , as for the sciri fac . upon the like bill for iohn freyer , the like order was taken for him upon sureties aforesaid , in form as is above . for that certain annuities were assigned to be payed to certain justices , banished into ireland , in the th . year of the king , without certain limitation how the same should be paid ; it was enacted , that the wives , or other friends of the said justices so remaining in ireland , should have to farm , all the lands of the said justices , being not sold to the valew of such annuitie : notwithstanding any patent made unto others , which if it will not suffice , then certain of the councell shall take order therein . it is enacted that the statute made in the first year of the kings raign , touching priors aliens , and other possessions should be observed , these being adjoyned : that all pryors aliens being inducted by the bishop of the place , or by abbies exempt before seisin , or which have the same during their lives , shall enjoy their said priories for a reasonable summe , notwithstanding any patent to others thereof granted : and that no priorie or other spiritualitie appropriated do remain in any temporall mans hands , but only to the clergie . on wednesday the second of march the lords , and commons granted to the king for one year xxxviii . s. iiii . d. of every denizon for every sack of wool over the old custom of every alien xxii . s. viii . d. of every last of skins of denizons over , &c. of aliens , iii l. xiii . s. iiii d. of denizenes for every ccxl . wool fells xxxiii . s. iiii . d. over , &c. of aliens , xxxvi . s. viii . d. over , &c. and of every tun of wine coming in , or going out of the realme , vi . d. and that the same be imployed onely to the use of the wars . the king by assent of parliament created his uncle of lancaster , duke of aquitaine by setting a crown on his head , and giving to him a rod of gold , to hold the same dukedome with all profits , and prerogatives to him during his life of the king ; as of the king of france , as largely as ever the king held the same ; saving onely to the king , as to the king of france , the direct dominion , superioritie , and resort of the same dutchy as by the letters patents thereof confirmed may appear . after which done , the duke did homage to the king for the same dukedome , giving most humble , and hearty thanks to the king for the same honour ; and protested albeit , he could not of himself maintain , the state of the said dukedome in time of war without the ayde of the king , and realme , he would notwithstanding of his own dispend to the uttermost ; whereunto the king answered , that the charges should be borne , as between the duke , and his councell should be agreed ; to which the commons assented . the king by the assent of the parliament created edward the eldest son of the duke of yorke earl of rutland , during the life of the said duke , and gave to him during the said dukes life ● . marks yearly , and in value of the said . marks , gave unto him the castle , town , and domination of okeham in the said county , together with the old forrest of rutland , and the office of the sheriffwick of the same shire ; so as if the same amount not to the yearly value of . marks , that then the rest to be payed out of the exchecquer , as by the said charter there confirmed , and delivered to the said earl may appear . the archbishop of canterbury , and yorke for them , and the whole clergy of their provinces , make their solemn protestation in open parliament , that they in no wise meant , or would assent to any statute , or law made in the restraint of the popes authority , but utterly withstood the same ; the which their protestations at their requests were enrolled . petitions of the commons , with their answers . the print touching protections cap. . agreeth with the record in effect , but swerveth in the rehearsall of the statute . the print touching the constable , and marshall cap. . agrees with the record altogether , quod nota . the commons in the same motions required , that the constable of dover should hold no forrein plea , done in kent , unless the same concerned the ward of the same castle . whereunto was answered , that sith the same touched the kings inheritance , the king would send for his ministers of the same castle , and take order therein . they require that no man do wear any mans cloth or badge , unless he be daily in his houshould . the king will be advised . the print touching serjeants at arms cap. . agreeeth not altogether with the record . that no man do give any livery but to his houshould servants , and that no livery be given by colour of any fraternity . the king will be advised . that neither the chancelor or other chancelor , do make any order against the common law ; nor that any judgement be given without due process of law. the usage heretofore shall stand , so as the kings royalty be saved . that every sherriff may be allowed for liberties granted out of their bailywick according to the rate . the king willeth that upon examination of how much his progenitors gave away by his councell , they should make allowance to them accordingly . the print touching provisions from rome , in the second statute as the print is ( though untruly ) cap. . swerveth from the record , by wanting this viz. that if he be another of base degree , he shall pay to the king the value of his benefice for which such prayer was made , and suffer imprisonment for one year ( which note well . ) that no person do appear upon any writ of quibusdam certis de causis , before the chancellor , or any other the councell , where recovery is thereof given by common law . the king willeth , as his progenitors have done , saving his regality . the print touching the circuit of the marshalls jurisdiction cap. . . agreeth with the record . the print touching the clark of the market cap. . agreeth with the record . the print touching charters of pardon , in the second statute as the print is , though untruly cap. . agreeth with the record . for certain causes it is enacted , that the staple should continue at callice untill the feast of st. andrew then ensuing . the print touching labourers cap. . agreeth with the record , rehearseth the statute made . e. . where the print is in . e. . which is true , and yet swerveth from the record , nota● the print , that he in the reversion shall be received cap. . agreeth with the record , onely the record , to this word ( delaies ) in the print , hath annexed , whatsoever , which the print wanteth , quod nota . the print touching justices of the peace cap. . agreeth with the record , that only the record hath next to , sworn , as it is in the print ( duely , and without favour , ) which the print wanteth , quod nota . the print touching the admirall cap. . agreeth with the record . the print touchiug weights and measure , cap. . agreeth with the record , only the record is cod caude , where the print is cotgare quod nota . that the popes collector be commanded to avoid the realm within ●orty daies , or else to be taken as the kings enemy ; and that every such collector from henceforth may be an englishman , and sworn to execute the statute made in this parliament . the king will be thereof advised . the print touching the bringing in romish merchandize , in the second statute of this year in print , cap. . agreeth with the record . that every man may complain of the opressions of what person or estate soever , without the incurring the pain of the statute made at gloucester in the second year of the king. every man may complain according to the law. the king pardoneth to the commons of northumberland , cumberland , and westmerland all fines , issues and amerciaments , arrerages of fifteens , and such like . it is ●nacted , that the merchants and artificers of worsted in norfo●k , may carry and sell their single worsted to any place , or persons , being of the kings amity , notwithstanding any inhibition , or libertie to the contrary . the print touching shoomakers cap. . agreeth in manner with the record . the print touching clothes of ray cap. . agreeth with the record . the print touching cognizance cap. . agreeeth not fully with the record . at the request of the commons of the town of cufford , it was inacted that the water-bailiff of callice should only take four pence custome of every boat , coming with victualls from the same town , and not six pence as they then took . that every constable may have the weighing of woolls according as it is there prescribed . the king granteth to , but for certain considerations the execution was suspended till further deliberation . the print touching clothes , cap. agreeth not with the record , for the print to these words , upon a certain pain , hath anexed , to be limited by the iustices of the peace , which the record hath not quod nota . they prayen that the bounds between holland and kestiven there named , may be by commission onely inquired of , bounded out , which was granted , and enacted that it shall so be . that no other custome than three pence , be demanded of every kersies passage out of the realm , according to the old usage . let it be so till the next parliament , between which time the king will be better advised . sundry counties bordering upon wales , require remedy as it is there contained , against misdemeanours of the welchmen . the king will charge , by treating with the lords , merchers to provide remedy therein . it is enacted● that every man shall cocquet his woolls under his own name upon the pain contained in the eighteenth year of king e . the print touching artifficers , not to keep any grey-hound &c. cap. . agreeth with the record in effect , but not in forme . the print touching collation and presentment cap. . agreeth not with the record in the end of the same , for the statute hath as followeth , and further the king willeth , that no ratification granted for the incumbent , after that the king hath presented , and comme●ced h●s suit , shall be allowed , hanging , nor after judgement shall be fully executed , as reason demandeth ; which the print wanteth , quod nota . this being done the chancellour , where the king was present , willed the knights and burgesses to sue forth their writs , and so the parliament ended , the day of march. of the print cap. . touching the kings castles and gaoles , there is no mention made in the records of this year . of the print cap. . touching the bishop , dean and chapter of lincoln● it is confirmed before tit . . of the print cap. . touching salmon sewes , is no mention made in the record . of the print cap. . touching pilgrims , is no mention made in the record . anno decimo quarto richardi secundi . rex , &c. joh. duci lancastriae avunculo suo &c. teste rege apud westm. cro. martini , apud west . xij die septembris . chariss . avunculo regis tho. duci eborum . chariss . avunculo regis tho. duci gloucestriae . chariss . consanguineo regis ed. com. rutland . chariss . fratri regis ed. com. cantii . chariss . fratri regis ioh. de holland com. huntington . ric. com. arundell . ric. com. derby . thomae com. war. edw. de courtney com. devon. will. de monteacuto com. sarum . hen. de percie com. northumb. ioh. de mowbray com. maresc . & nottingh . nich. de audley de heligh ioh. de fallesley chlr. tho. camois . tho. de morley . ioh. bourchier . ioh. lovell de fishmerch . ioh. de cherlton de powis . ioh. de clinton . ric. talbot de godrickcastle . ioh. de ware. henr. le scroope . iohi. roos de hemelake rado nevell de rabie . ioh. gray de codonore . hen. gray de wilton . reginaldo gray de ruthin . hen. fitz-hugh . ric. le scroope . ioh. devereux . hugo burnell . will. la zouch . de harringworth . tho de berkley . iohi. de welles . tho. le dispencer . almarico de st● . amando . tho. de clifford . rado de cromwell . rado de lumley . will. de thorpe . rado baroni de graystock . will. botreaux . chlr. ioh. de bellomonte . rob. de harrington . rob. de willoughby . ioh. de cobham de kent . will. de dacre . ioh. le strange de knokin . tho. nevill de halmshyre . rico. seymore . phillippo darcey . waltero fitz-walter . tho. bardolf de wormegay . ioh. devereux custodi quinque portuum . the parliament holden at westminster the day after st. martin in the xiiii th . year of the raign of king richard the second . on saturday the next day after st. martine , the bishop of winchester being chancellor , after a long , and eloquent discourse of government of the king , he rehearseth the league taken between the king , and the french , and sheweth how a great part of the substance thereof was , how a finall peace might be concluded with one whole assent therein , without the which the king would not conclude thereon . he sheweth further , how that the scots upon motion refused the league , and that war at their hands was onely to be accompted of , the charges whereof with the charges of ireland , of the kings fortresses beyond the seas , and for keeping of the seas were so great , as the king of himself without their ayde could in no wise sustain the same : wherefore he wisheth them to consult as well therein , as for ordinance of good laws . receivers of petitions for england , ireland , wales , and scotland . receivers of petitions for gascoyne and other places beyond the seas , and of the isls. tryars of petitions for england , &c. as above . tryars of petitions for gascoyne , &c. as above . it is enacted , that after the feast of the epiphany next ensuing , the staple shall be removed from callice into england , in such places as are conteined in the statute made . e. . the which statute shall be fully executed , and further that every alien , which bringeth any merchandize into the realm , shall finde sufficient surety to buy and carry away commodities of the realm , to half the value of his said merchandize . the print touching the exchange cap. . agreeth with the record . the print touching the oath of the officers of the staple cap. . agreeth with the record . the print touching the prices of staple wares . cap. . swerveth from the record , for the record hath for keeping of the high prices , where the print wanteth this word [ high ] quod nota . the print forbidding denizons to transporte wools cap. . agreeth with the record . the print touching fraightage of english ships cap. . agreeth with the record . the dukes of yorke , and gloucester require of the king assurance for m. l. yearly to either of them in especiall tayle according unto the kings promise , whereupon the king willeth the justices to devise such assurance for them , and further commandeth that they may be readily payed . whereas the king granted late before to the duke of gloucester , in especiall tayle the castle of st. brionell , and the forrest of deane , he now by assent of parliament granteth , that the said duke shall hold the same forrest , as a forrest . it is declared by the king , and lords in this parliament holden at vvestminster the next day after st. martine , that in the seventh year of this king the earldome and seigniory of richmond with the appurtenances , were adjudged by the king and lords , to be forfeited to the king , by reason of the adherence of iohn duke of brittaine , then earl of richmond , to the french against his aliance , made as well to the king now , as to king e. . for which alyance , he enjoyed the said earldome , the which judgement was not inrolled in the roll of the said parliament , for certain causes then to the king and lords well known . the lords , and commons prayed the king that the prerogative of him , and his crown might be kept , and that all things done , or attempted to the contrary , might be redressed , and that the king might be as free as any his progenitors were : whereunto the king granted . the lords and commons granted unto the king for three years the like subsidies , as are contained in the th . of this king tit . . , so as the same be onely imployed upon the defence of the realm , and upon condition that the staple be removed from callice to england , and so continue . petitions of the commons , with their answers . the print touching the observation of statutes made at canterbury cap. . agreeth with the record in effect , but not in forme . it is enacted that the statutes made touching sheriffs , and escheators shall be observed . the print touching scottish money , cap. . agreeth with the record . sundry counties there named complain of the overcharging of sheriffs and pray redress . the king hath given full power to his counsell , to shew favour to every sheriff upon his accompt , as to them shall seem reasonable . that the ordinance made in the th . year , whereby all lands , then escheated to the king , should be sold to his most profit may be confirmed . upon a more speciall declaration right shall be ministred . the king pardoneth to the commons of cumberland , northumberland , and westmerland all sums of money demanded in the exchecquer , by the name of divers debts , and their reliefs . that redress may be had against the manifold oppressions , and other trespasses done by the men of cheshire in the counties bordering thereunto . the king will be advised touching the libertie of cheshire . they pray that against the horrible vice of usury , then termed schefes , and practised as well by the clergie as laytie , the order made by iohn nott late mayor of london , may be executed through the realm . the king willeth that those ordinances be viewed , and if the same be found to be necessary , that the same be then affirmed . the print touching the entertainment of merchant strangers cap. . agreeth with the record . it is enacted , that no denizen do ship or cocquet wools , or marchandize in his own name , which belong to strangers to debar the king of his custome on pain of forfeiture . the print touching customers , and comptrollers cap. . agreeth with the record , onely there wanteth touching customers of towns , where the staple should be within the realm , the which the print wanteth . the bakers , brewers , and buyers of corne do claime . bushels to the quarter striked onely and no more . the statutes therefore made shall be observed . that these words ( silva cedua ) may be explained , so as no man be driven to pay tithe wood to the contrary . it shall be used as heretofore it hath been . the king hath granted to the men of the isls of garnsie , and iersie , sercke , and aureny , that they during the space of . dayes shall be free of all manner of tolls , exactions , and customs within the realm as his leiges . the merchants of kersies require ; that they may freely transport the said kersies for the old custome . it is enacted , that no estues , or brothell houses be kept in southwarke , but in the common places therefore appointed . certain port towns , require that the admirall doe hold no plea of trespass , contract , or covenant done within their liberties . the king will appoint certain of his councell to examine the matter , and to take order therein untill the next parliament . that remedy may be had against mills , stanks , kiddells and such like engines , and devises levyed upon the thames . the statutes therefore made shall be observed . the print touching the gaging of renish wines cap. . agreeth with the record . the king at the request of the commons , by the assent of the parliament , repealeth the judgement given against iohn de northampton late mayor of london , for certain treasons , and other fellonies . they require remedy against the outragious taking of wages of masters of ships , and marriners . the admirall shall appoint them to take reasonable wages or punishment . these things being done , the lords , and commons give humble thanks for the good government , and carefull zeale to them borne ; and the king gave thanks to them for their grants to him made , and thereupon the chancellor willed the knights , and burgesses to sue writs for their fees , and so the parliament ended the third day of december . and note that of the th . chapter in print touching the passage of them out of the realm to be onely at dartmouth is no mention made in this record . anno decimo quinto richardi secundi . rex , &c. johi . duci aquitaniae , & lancastriae , &c. apud westm. cro. annimar . &c. teste rege apud westm. septimo die novembris . chariss . avunculo regis ed. duci ebor. chariss . avunculo regis tho. duci gloucest . chariss . consanguineo regis ed. com. rutland . chariss . fratri regis tho. com. cantii . chariss . fratri regis iohi. de holland com. de huntingt . rico. com. arundell . chariss . consanguineo regis hen. com. derbie . tho. com. warr. edwro de courtney com. devon. will. de monteacuto com. sarum . hen. de percie com. northumb. tho. de mowbray com. maresc . & nottingham . tho. com. stafford . iohi. de fallesley chlr. tho. camois chlr. tho. de morley chlr. iohi. bourchier . iohi. lovell de fishmerch . iohi. de cherleton de powis . iohi. clinton . rico. talbot de godrickcastle . iohi. le ware. hen. le scroope . iohi. de roos de hamelake . rado . nevill de raby . iohi. gray de codonore . hen. gray de wilton . hen. gray de ruthin . hen. fitz-hugh . rico. le scroope . iohi. devereux . hugo . burnell . willo . la zouch de harringworth . tho. berkley . iohi. de welles . philippo le dispencer . hen. de scto . amando . tho. de clifford . rado de cromwell . rado de lumley . rado baroni de greystock . willo botreaux milit. iohi. de bellomonte . robto . de harrington . robto . de willoughby . iohi. cobham de kent . willo . de dacre . iohi. le strange de knokin . tho. de nevill de halmshyre . rico. seymore . phillippo darcey . waltero fitz-walter . tho. bardolf de wermegey . ioh. devereux custodi quinque portuum . the parliament holden at westminster , the next day ●ft●r all souls in the fifteenth year of the ra●gn of king richard the . the friday , being the same next day , the archbishop of yorke primate , and chancellor of england , by the kings appointment before him being present , declared very wisely the causes of the parliament , as first the church , then the laws , and further that all cities , and towns should enjoy all their liberties , as amply as ever they did . he then shewed that the parliament was summo●ed , for three chief causes . first for the observation of peace , and maintenance of the laws . the second how the prices of wools , too much ab●sed , might be enhaunced , and how the wars of the same happily begun after the expiration of the truce might in best wise be maintained . thirdly touching the statutes of provision , to see how the holy father might have that to him belonged , reddite quae sunt cesaris caesari , & quae sunt dei deo. receivers of the petitions for england , ireland , wales , and scotland . receivers of petitions for gascoin , and other places beyond the seas , and of the isles . triars of petitions for england &c. as above . triars of petitions for gascoin &c. as above . it is enacted by the assent of the whole parliament , that the staple of wools shall be holden in places within this realme , according to the . th of e. . untill the feast of the nativitie of st. iohn baptist next ensuing . and that every merchant denizon and alien may , during the same time , buy any kind of wools , of what person soever , bringing to callice one ounce of gold in bullion , for every sack of wool. after which feast of st. iohn baptist the staple shall be kept in such towns upon the sea coast , as to the lords of the councell shall seem good . the commons for the great affiance which they repose in the king , granted that he by the advice of his lords , might make such toleration , touching the statute of provision , as to him should seem good untill the next parliament , so as the statute be repealed in no article thereof , nor none disturbed of his lawfull possession : so also as they may disagree thereunto at the next parliament , with this protestation , that this their assent being in very deed a noveltie , be had or taken for no example . it is enacted that no man from henceforth shall be compelled to appear , or answer before the counsell of any lord or lady of any thing reall , or personall , appertaining to the laws of the land. the lords and commons granted to the king one half desme , and the like fifteen , and one whole desme , and one fifteen : conditionally , that if the king went not personally into france , or scotland against his enemies , or that peace were taken before with his said enemies , that then the same they grant , should remain to be imployed upon other defence of the realm . the king at the request of the commons granted that between this and the next parliament no eyire or trayle le baston should be kept , nor no generall commission of oyer , and terminer granted without urgent necessity . it is to be remembred that the grant of the subsidies in the last parliament shall stand in force . the second day of december , the lords and commons require the king , that he would as largely injoy his prerogative , as any of his progenitors did , notwithstanding any statute , and namely the statute made at gloucester , in the time of king e. . the which statute they utterly repeal ; for which their tender affection , the king giveth them thanks , and granteth thereunto . the print touching recognizance taken before the mayor of the staple cap , . agreeth with the record . the commons in open parliament declared , that if any treatie of peace or league , were to be taken with the kings enemies , that it were expedient that the duke of guienne , as the most honourable , should go to the same treatie ; the king answered that he would the same if the duke so pleased ; whereunto the said duke did say that he was very ready . the prior of holland in lancashire , complaineth of a great ryot done by henry treble of throngaston , william his brother , robert gisseldon , robert grubber , richard sprat , iohn greenbow and others , for an entrie made by them into the parsonage of whitewick in the countie of leicester , whereupon iohn de ellingham , serjeant at arms , by verue of a commission to him made , brought into the parliament the said henry treble , and iohn greenbow , who were principall misdoers , who , upon examination , confessed the whole matter and were therefore committed to the fleet , there to remain at the k●ngs pleasure , and after they made fyne in the chancery , and agreed with the said prior and found suertie for their good behaviour , and so were delivered . the abbot of st. oseches in essex , complained against iohn rechell for diverse imbraceries by him done , and namely that the said iohn should refuse the order of the duke of lancaster therein , where he had comprimitted himself thereto ; whereupon the said iohn was caused to come into the parliament , where the duke affirmed his award there entred by word , the which the chancelour was charged to see the same iohn accomplish . the stile of the said duke was , iohn the son of the king of england , duke of guiene , and lancaster , earl of derby , lincoln and leicester , steward of england . for that sir william bryan knight , had purchased from rome , a bull directed to the archbps. of canterbury and york to excommunicate such as had broken up his house , and had taken away diverse letters , priviledges , and charters ; the same bull being read in parliament , was adjudged prejudiciall to the king , his councell , and in derogation of the laws , for the which he was by the king , and assent of the lords committed to the tower , there to remain at the kings will and pleasure . thomas harding o● maintred , accused sir iohn sutton knight , and sir richard sutton knight his brother , as well by mouth as by writing : for that by their conspiracie he was committed to the fleet , for the major of bradwell in essex : upon hearing of both parties , for that the two knights were known to be of good name : the said thomas was committed to the fleet , there to continue during the kings pleasure . iohn shadwell of boghsteed , in the countie of sussex , was likewise committed to the fleet , there to remain as above : for that he informed the parliament , that the arch-bishop of canterbury had excommunicated him , and his neighbours wrongfully , for a temporall cause appertaining to the crown , and to the laws , which was adjudged by the lords to be untrue . iohn shepy cleark prebendary of nassington in the cathedrall church of st. mary in lincoln complaineth against a judgment given in the kings bench upon a writ of error , between the prior of huntington plaintiff , and himself defendant , whereupon it was awarded , that the said iohn should have his scire fac . upon his case , to warn the said prior to be at the next parliament , to abide the order therein to be taken , and to have there the whole record of process . the like scire fac . and order was granted to the deane , and chapter of lichfield , for a judgment given in the kings bench , upon a writ of error , between the prior of newport pannell plaintiff , and the said dean and chapter defendants . the like scire fac . edmund basset praied for a judgement given in the kings bench , between the king demandant , and the said edmund deforceant , for certain lands and tenements in the winflith , sa●ford , dondray , barne , backwell , hasell , rochell , and ashton , in the countie of sommerset , and , of the advowson of the parsonage of winflith , upon whose petition it was awarded , that the matter should continue in the same estate untill the next parliament vide tit . . tit . . sir robert knowles , and sir iohn de cobham de kent , by their petitions require , that of certain lands and tenements in countie of kent , who are bound according to a certain rate in the exchecquer , to maintain a bridge between the city of rochester and the town of strood , they may , among themselves yearly , choose two guardians or keepers , who may be of capacity to receive and purchase lands and tenements to the yearly value of five hundred marks , to impleade , and to be impleaded : whereunto the king granteth , saving that they shall purchase but to the value of . marks yearly . petitions of the commons , with their answers . the print touching the observation of statutes , cap. . agreeth with the record . the print touching forcible entries , cap. . agreeth with the record in effect , but not in form . that the statute made in the . e. . touching the castle of dover , and the ordinance made in the th . year of the same king , touching the same may be observed upon a certain pain . let the speciall griefs be shewed and remedie shall be had . that the sheriffs may be eased of their over-charging upon their accompts , by reason of liberties granted to diverse persons , being parcell of their fee farm. the kings councell hath power to make allowance to the sheriffs , without any further suit to the king. the print touching the admirall , cap. . agreeth with the record in effect , but not in form . the print touching measure of corn , cap. . agreeth in effect with the record , but not in form . the print touching the statute de religiosis , cap. . agreeth with the record in effect , but not in form . the king at the request of the commons , restored to iohn of northampton , late major of london , all his lands and tenements whatsoever with his bloud , notwithstanding any judgment to the contrary . the king , at the like request of the commons , pardoneth to ric. norbury mercer of london , all judgements of treasons , felonies , and misprisions , restoreth to him all his lands , tenements , and his blood , notwithstanding any such judgement , and that by assent of parliament . the like pardon is made to iohn moor , mercer of london . that iohn roches , the kings batchelor , may be considered for his charge sustained about the castle of brest , whereout he was put before the end of the term . the king hath commited the same to his councell . that the knights fees of counties , coming to the parliament , may be levied of all men generally , aswell within the libertie as without . it shall be used as heretofore it hath been . the print touching licences of impropriations cap. . agreeth with the record in effect , but not in form . that no villain of any bishop , or other religious persons , do purchase any lands upon pain of forfei●ing the same to the king , and that no villaines do put their children in school . the king will be thereof advised . the print touching cloths of gilford , cap . agreeth with the record in effect , but not in form . the major and burgesses of the town of barwick , praying that they may buy certain woolls of one part of northumb. viz. of cochet towards the north , paying for the sack . s. d. the king will thereof be advised . the print touching carrying of victualls to barwick , cap. . far swerveth from the record , and namely in the whole rehearsall . that merchants may transport kersies according to the old custome . they shall pay custome according to the statute therefore made . that this word silva cedua may be explained , and full declaration made of that age wood shall be tithed . it shall be used as it hath been . the commons of northumberland cumb. and westmerl . pray that they may have full allowance of the kings pardon , granted to them in the last parliament , touching issues and amerciaments . the king grants thereunto . that the statute of the forrest , and namely touching chyminage may be observed , as well in the forrest of sherwood , as in other forrests . the statute of the forrest shall be observed , and who will complain shall be heard . that the statute of the first parliament , k. e. . touching the arresting of english merchants in wales may be observed . the king will thereof be advised . the print touching the passage of tinne cap. . agreeth with the record . the print touching girdlers cap. . agreeth with the record . that no english merchant do lay in any strange bottome , any their merchandize , where they may have english to serve , on pain to forfeit the same . let the statute therefore made be observed . that every man may enter into any city or liberty , and there seise his villain . the king will thereof be advised . the parliament made an end the second of december . of the ninth and twelfth capter in the print of this year , there is no mention made in the record . anno decimo sexto richardi secundi . the parliament holden at winchester , in the utaves of st. hillary , in the sixteenth year of the raign of king richard the second . on munday which was the utaves of st. hillary , the parliament , for certain weighty causes , adjourned untill the next day ensuing : on which next day , the king being present , the arch-bishop of canterbury , by the kings appointment , declared the cause of the parliament to be for two cheif maters ; the first that whether there were war , peace , or any other league taken between the king and his adversaries : yet should the king of necessity be driven to defray great summes of mony , the which how the same might best be levied , they were now consult . the second was , to provide some remedy touching the statute of provisors for eschewing debate between the pope and the king , and his realms . receivers of petitions for england , ireland , wales and scotland . receivers of petitions for gascoign , and other places beyond the seas and of the isles . triars of petitions for gascoign &c. as above . triars of petitions for england &c. as above . on wednesday following , sir phillip courtney , being returned for one of the knights for devon. came before the king in parliament , and for that he was accused of sundry heinous matters , prayed to be discharged untill he was purged , the which was granted , and on monday after at the request of the commons was restored to his place and good name , for that he had submitted himself to reasonable arbitrement . it is enacted by common assent , that the ordinances made in . rich. . tit . . shall be executed , notwithstanding any letters patents to the contrary . the commons grant to the king , that he by the advice of his lords and commons , should have power to moderate the statute of provisions to the honour of god , and saving the rights of the crown , and to put the same in execution , so as the same be declared in the next parliament , to the end the commons may then agree to or no. after this the commons prayed the lords in these ordinances , to regard the estate of the universities of cambridg and oxford . the bishops lords and commons in full parliament , assented that the king , his heirs and successors of england , may lawfully make their testament , and that execution shall be done of the same . the lords and commons grant to the king the like subsidie for three years , as is contained before in . ric. . together with one half desme , and half fifteen . the lords at the request of the commons , have granted that no eyre or trayle le baston , nor any generall oyer and determiner should be holden untill the next parliament , except the oyer and determiner in norff. touching the death of edmond chipesby the elder , and walter cook , and one like commission for the kings tenants of fekenhan , in the county of worcester . thomas de poutingdon , complaineth against sir phillip courtney for wrongfull expelling him out of the mannours of bigeleigh , both of which &c. thomas and sir phillip comprimitted themselves by parliament , to abide the order of certain there named by a day to be made . the like complaint made by richard somestre , against the said phillip , for expelling him out of marks land in thurverton , in the county of devon. who committed the same as before . for that the king was assured that certain lands were entayled by fine to rob. de veer , late duke of ireland , and earl of oxford , long before his attainder in the . year of this king , the which by the death of the said duke , ought to descend to sir awbrey de veer as uncle and heir to the said robert. the lords by assent of parliament , made livery of all such lands to the said sir awbrey , and albeit the said sir awbrey had then shew'd nothing , & that the name title and honour of the same was entayled . the lords by assent of parliament , restored and granted to the said sir awbrey , and the heirs males of his body lawfully begot , the same name , title , and honour , after which , the said awbrey was set in his place in the parliament among his peeres . the king by assent of parliament , pardoneth to iohn de lancaster all treasons , misprisions , and misgovernances in councell , while he was about the kings person , and his being with the late duke of ireland beyond sea , after the judgment given against him in the . year . there was granted to the deane and chapter of leichfield , a new scire fac . upon their case returned in the next parliament against the pryor of newport-pannell , for that their late scire fac . did quaile sc. , r. . tit . . the like scire fac . was granted to iohn shepy cleark se. . tit . . edmond basset prayeth a scire fac . as is contained , . tit . . the like answer was now made to him , as then was . william arch-bishop of cant. maketh his protestation in open parliament , saying , that the pope ought not to excommunicate any bishop or entermeddle for , or touching any presentation to any ecclesiastical dignity recovered in any the kings courts ; he further protested , that the pope ought to make no translations to any bishoprick within the realm against the kings will : for that the same was the destruction of the realm , and crown of england , which hath alwaies been so free , as the same hath had none earthly soveraign , but only subject to god in all things , touching regalities , and to none other ; the which his protestation he prayed might be entred . petitions of the commons , with their answers . the like motion and answer is made as in the last parliament , tit . . . they pray that no man should be forced to appear before any lords of the councell &c. cap. . agreeth with the record . at the request of the commons it is enacted , that the grant made to the town of 〈◊〉 for taking certain impositions of all merchants , towards the repairing of their said town , for a certain tearm , shall after same utterly cease . that some way may be found for the maintenance of the navy of the realm , being utterly decayed . there is sufficient remedy by statutes , which the lords would to be observed . the print touching weights , cap. . agreeth with the record . that all conspirations may from henceforth be tryed in those counties where the indictments and deliverances were made . if any man be grieved , let him sue to the chancellor untill the next parliament . it is enacted , that all the filth upon the side of thamise next the house of rob. de parris , shall be utterly removed , and that in some place before easter then ensuing ; that the butchers of london do build convenient and fit houses whereinto they may from time to time bring all their ordure , entrayles and other filths , and the same in boates carryed into the middle of thames , and there cast the same at a full water , when it first beginneth to ebbe ; and further , that no person do throw or cause to be thrown , or laid any filth or ordure , muck , rubbish , or caystage in the same water of thames , of the one side , or of the other between the palace of westm. and the tower of london , on loss of l. that no cleark who writeth any records in the kings bench , or common pleas , or at the assizes be an atturney , or of counsell in any case there to be tried . the lords will charge his councell to take order therein . that all such as bring prizes of wine into the realm , do only pay in ports , d. for every tun , and d. for every pipe. they shall pay s. for every tun , or else as they have done . that the age of wood tithable , may be fully declared . the king will move the bishops therein , between this and the next parliament . the print touching wearing liveries , cap. . agreeth with the record . robert at mule of guilford , and alice his wife , prayeth the kings pardon , for that they were wrongfully condemned for taking of l. of treasure trove at guilford aforesaid . let them sue to the king , for this is no petition of the parliament . the print touching merchants , strangers , cap. . far swerveth from the record , for that the print hath much more in the rehearsall , than the record hath . that remedie may be had at the hands of the president of wales , for every man that is robbed , or endangered by the welsh men . the king will be advised . this parliament ended on monday the . of february . of the print , cap. . is no mention made in the record , than is contained before tit . . and of the print cap. . there is no mention made in the record . anno decimo septimo richardi secundi . rex , &c. duci aquitaniae , & lancastriae , &c. apud westm. quindem hillarii ; teste rege apud windsor decimo tertio die novembris . chariss . avunculo regis edo . duci eborum . chariss . avunculo regis tho. duci gloucestriae . chariss . consanguineo regis ed. com. rutland . chariss . fratri regis tho. com. cantii . chariss . fratri regis ioh. de holland com. huntington . dilecto & fideli consang . regis ric. com arundell . chariss . consang . regis hen. com. derby . iohi com. war. alberto de vere com oxoniae . edw. de courtney com. devon. will. de monteacuto com. sarum . hen. percie com. northumb. tho. de mowbray com. maresc . & nottingh . tho. de camois . tho. de morley . ioh. bourchier . ioh. lovell de fishmerch . ioh. cherlton de powis . ioh. de clinton . ric. talbot de godrickcastle . ioh. de ware. stephano scroope de musham . iohi. de roos de hamelake . rado nevell de rabie . rico. gray de codonore . hen. gray de wilton . reginaldo gray de ruthin . hen. fitz-hugh . ric. le scroope . hugoni burnell . will. la zouch . de harringworth . tho de berkley . iohi. de welles . phillippo . le dispencer . almarico de st. amando . rado de cromwell . rado de lumley . rado baroni de graystock . constantino de clifton . ioh. de bellomonte . rob. de harrington . rob. de willoughby . ioh. cobham de kent . will. de dacre . ioh. le strange de knokin . tho. de lovell de halmshyre . rico. seymore . phillippo darcey . waltero fitz-walter . tho. bardolf . willo . beauchamp de burgaveny . iohi. de monteacuto : & willo . heron. ioh. de bello monte custodi quinque portuum . the parliament holden at westminster in the quindena of st. hillarie in the sixteenth year of the raign of king richard the . on tuesday the quindene of st. hillary the parliament for certain causes was adjourned untill the next day ensuing . at which day the archbishop of yorke chancellor of england , by the kings appointment in his presence declared , that the parliament was called . first that all bishops , lords , and corporations should enjoy their liberties . he further sheweth that the same was called for three principall causes . the first for the observation of the peace . the second for wars , which by assent of parliament were begun . the third how charges might be levyed for the defence of guienne , callice , ireland , and scotland . receivers of petitions for england , ireland , wales , and scotland . receivers of petitions for gascoine , and other places beyond the seas , and of the isls. tryars of petitions for england , &c. as above . tryars of petitions for gascoine , &c. as above . the thursday after the commons presented to the king in full parliament , sir iohn bussey for their common speaker , who made the common protestation , which being thought reasonable , was allowed . the petition of the deane , and chapter of lichfield , against the prior of newport pannell for want of good matter was quailed . the petition of iohn sheepy clarke for the like cause was also quailed . the petition of edmund basset was continued untill the next parliament . iohn de windsor complaineth , and requireth to be restored to the mannours of rampton , cottenham , and westwick , with their appurtenances in the county of cambridge , the which were adjudged to him by the kings awarde , then being in the possession of sir iohn lisley , and now withholden by sir richard le scroope , who by champertie bought the same . the cause was this upon the petition of windsor against lysley , they both compremitted the matter to the kings order ; the king committeth the same to the councell , they digesting of the same made a decree for windsor under the privy seale , they sent warrant to the chancellor to confirme the same , which was done under the great seal by a speciall injunction to lysley , and a writ to the sheriffs to execute the same ; after this lysley by petition to the king requireth , that the same might be determined at the common law , nothwithstanding any former matter . the king accordingly by privy seale giveth warrant to the chancellor to make a supersedeas , the which was done by privy seale . after which sir richard le scroope bought the same upon the ripping of the whole matter ; this sale was thought no champertie : whereupon it was adjudged that the said windsor , should take nothing by his suite , but to stand to the common law , and that the said richard should goe without delay . richard earl of arundell , declared to the king in the presence of certain lords , that he had certain conceptions to utter touching the kings honour . first , that he thought it not honourable for the king to suffer the duke of lancaster to goe arme in arme with him . secondly , that it beseemed not the dukes men to wear the same colour of liverie that the kings did . thirdly that the duke in place of counsell , and parliament spake such bitter words ; as the said earl , and such like durst not frankly to utter their minds . fourthly it was much against the kings profit to give to the said duke the dutchy of guienne . fiftly touching the great mass of money given to the duke for his voyage into spain , and touching the peace by him lately taken . unto all which after the king had answered , and justified it to be good , it was awarded by the king , by the assent of all the lords , that the said earl in full parliament , should say to the said duke , these words following , viz. sir sith that it seemeth to the king , and other lords , and eke that each here hath been so mickle grieved , and displeased by my words , it forethinketh , and i beseech you of your grace , and lordship to quite me your man tallant . the which the said earl in the presence of the king , and lords did speake . the lords , and commons grant to the king for three years six pence of every pound of merchandize , and eighteen pence of every tun of wine coming in , or going out of the realm , upon condition , that after peace taken with the french , the same should cease . william leygrave of bristoll sheweth , that where he recovered against iohn cherleton , and others certain lands in bristoll by an assize of fresh force before the mayor , and bayliffs there , the which without warrant was reversed in the kings bench by a writ of error , he prayeth the reversall of the said judgement . whereupon was granted unto him a scire facias , upon his case against the said charleton , to be and abide the order of the next parliament , and that the whole record , and proofs should then be there . and note that in this and all the like cases , where any for error requireth the reversall of any judgement in the kings bench , he sheweth in his bill some especiall point of error , whereupon a scire facias is now granted . there was granted to iohn sheepy clerke a new scire facias as in the r. . tit . . the like was granted to the deane and chapter of litchfield as there tit . . the king , lords , valiant knights and justices in the parliament assented to a peace , so as the king do no homage ; so as also the liberties of the kings person , of the realme , and of the subjects be saved , and so as the king upon breach of peace may resort to the title , and right of the crown of france ; and further that such moderations may be made , as that no contestation be like to ensue . the commons being moved of the same peace , declare by sir iohn bussey their speaker , that the same passed their capacity , and therefore they referred themselves to the king , and lords and councell ; and the rather for that the lords , and councell affirmed , that these words [ homage , soveraigntie , and resort ] conteined in the indenture of peace , should be moderated in this wise . that [ homage ] should be done , and have relation to the dutchy of guienne , and in no wise touching the crown , and realme of england . and that touching [ resort ] the king at all times , for breach of peace on the french part might resort to the crown , and right of france . sundry of the bishops , and lords in this parliament assented , that the king might shew favour , and pardon to the late justices banished into ireland , touching their returne , whereof the commons being demanded make the like answer , so as they incur not the breach of their oath , and conscience by the statute therefore made . william de cullwen knight , being outlawed in the kings bench at the suit of robert de louthe in an appeal of murder , for the death of iohn-de louthe , for certain errors therein , prayeth reversall thereof : whereupon he had awarded him a scire facias , upon his case against the said robert , returnable in the next terme , and therewithall to have there the whole process and record . iohn duke of guienne and lancaster , steward of england , and thomas duke of gloucester constable of england , complain to the king that sir thomas talbot knight , with others his adherents , conspired the deaths of the said dukes in divers parts of cheshire , as the same was confessed , and well known ; and prayen , that the parliament may judge of the fault . whereupon the king , and the lords in the parliament adjudged the same fact to be open , and high treason ; and thereupon they awarded two writs , the one to the sheriffs of yorke , and the other to the sheriffs of derby , to take the body of the said sir thomas returnable in the kings bench , in the moneth of easter then ensuing . and open proclamation was made in westminster hall , that upon the sheriffs returne , and at the next coming in of the said sir thomas , the said thomas should be convicted of treason , and incur the loss , and pain of the same . and all such as should receive him after the proclamation should incur the same loss , and pain . it was enacted by the lords , and commons that tydeman , late abbot of beaulewi , and elect of landaffe by the popes provision , should enjoy the same bishoprick , notwithstanding any act so alwaies as this be taken for no example . it was enacted , that roger de swiuerton , who was indicted for killing of iohn ipston his companion , and one of the knights of stafford , be in no wise let to mainprise untill he be brought to answer . it is enacted that in all commissions of the peace be appointed two learned in the law ; to proceed to the deliverie of felons , as oft as need shall require . it is enacted , that the aldermen of london , shall not from henceforth be yearly chosen , but remain till they be put out for reasonable cause , notwithstanding the ordinances of e. . and e. . it is enacted , that it is not the kings meaning , or intent , nor meaning of the statute made in the e. . tit . . that the mayors , sheriffs , and aldermen of london , that now are , heretofore have been , or hereafter shall be , should incur , or bear the pain contained in the said statute of e. . tit . . for any erronious judgement given , or to be given in the said city . it is enacted , that the men of the ward of farrendon within london , may choose an alderman for the rule there , and that the inhabitants of farrendon without , may likewise choose an alderman for the rule there , both of which aldermen shall continue as above . and note that these their last acts , were enacted by the king , by the assent of the lords onely . petitions of the commons , with their answers . it is enacted , that the church do enjoy all her liberties ; and that all statutes not heretofore revoked shall be observed . that no man sue any writ of conspiracie out of the shire , or libertie . the chancellor shall provide remedy for the grieved by supersedeas , or otherwise . that the words [ silva cedua ] be declared and expounded , what age the same shall be tithed . as it hath been heretofore . that the statutes touching serjeants at arms , made in the thirteenth may be executed . that no serjant in any city , or town do carry his mace out of the liberty of the same . to this motion was no answer made . that remedy may be had against such religious persons , as cause the villains to marry free women inheritable , whereby the lands come to those religious hands by collusion . there is sufficient remedy provided by the statute . that any statute merchant , recognizance , or obligation made to any adjudged in the r. . to other than their own uses may remain to the very uses . the king will be advised . that the vent , or sale of tyn may be at lostwithiell in cornwall , and shall not continue at callice , notwithstanding the councell may grant licence to merchants to carry the same tyn to what parts they will ; as to them shall seem good . that chimniage be not taken in any forrest , but of such as carry any commodities thereout to sell , and that by forresters of fees. the statutes shall be observed , and the grieved upon complaints shall finde remedy . that every merchant may sell his merchandize in any port in gross or retayle , paying therefore custome according to the quantitie , and rate . the king will be advised . it is enacted , that if any man be arrested , or imprisoned against the forme of the great charter , that he be brought to his answer , and have right . the print touching half pence , cap. . agreeth with the record in effect , but not in forme . the print touching the carrying of corne out of the realme , cap. . agreeth in effect with the record but not in forme . the king at the request of the commons of kent , granted that the collectors of all tenths , and fifteens within the said county , and their successors , shall accompt in the exchecquer by the names of hundreds and not of persons , nor of towns , so as the king be answered of as much as his grandfather was , notwithstanding any accompt . the print touching kersies cap. . hath put to sale , more than the record warranteth , quod nota . the print touching worsted cap. . agreeth with the record . that sufficient persons be presented to benefices , who may dwell on the same , so as their flock for want thereof do not perish . the king willeth that the bishops , to whose office the same belongeth , do their duties . this title is of no great force . that remedy may be had against the officers of london , who newly exact of divers bringing any cattle into smithfield , the third beast . the mayor , and sheriffs of london shall answer the same before the councell . that remedy may be had against the abbots of colchester , and abingdon , who in their towns of colchester , and culvelin clayme to have sanctuary . they shall shew their liberties before the councell , who shall take order therein . certain counties pray remedy against the particular surcharging of sheriffs . the kings councell have full power to mitigate the same . sundry towns of the west part praying remedy against the officers of the admiralty , for holding plea of matters determinable at the common law ; the which they pray may be revoked . the chancellor by the advice of the justices , upon the hearing of the matter , shall remit the matter to the common law , and grant prohibition . that nothing be levyed of the subjects , by vertue of green waxes out of the exchecquer , unless the cause be in the same declared . the statutes therefore made shall be observed . certain towns of the west praying , that they may have passage of wools into normandie , and that the normans may discharge their wares at southampton . let them repair to callice as it is appointed . the print touching damages in the chancery , cap. . agreeth with the record . the print touching mault cap. . agreeth with the record , onely the record hath [ herth ] the which the print wanteth , quod nota . the print touching searchers cap. . agreeth with the record in effect , but not in forme . the parliament ended on wednesday the th . of march. the print cap. . touching justices of the peace agreeth with the record , as appeareth before tit . . of the print cap. . touchi●g unlawfull games , assemblies , and th . touching salmon sewes , there is no mention made in the record . anno decimo octavo richardi secundi . rex , &c. hen. com. darbiae , &c. apud westm. quindena hillarii anno xviii . r. . teste rege decimo die novembris . consimiles literae subscript . tho . com. cantii . rico. com. arundell . tho. de bello campo com. warr. alberto de vere com. oxoniae . willo . de monteacuto com. sarum . hen. percie com. northumb. tho. camois . iohi. de bourchier . iohi. cherleton de powis . iohi. de clinton . iohi. la ware. stephano le scroope de masham . willo . de roos de hamelake . hen. gray de wilton . hen. fitz-hugh . rico. le scroope . hugo . burnell . willo . la zouch de harringworth . tho. de berkley . iohi. de welles . philippo de dispencer . almarico de scto . amando . rado de cromwell : rado de lumley . rado de greystock . constantino de clifton . robto . de harrington . robto . de willoughby . iohi. de cobham de kens . willo . de dacre . iohi. le strange de knokin . tho. de nevill de halmshyre . rico. seymore . willo . beauchampe de burga●enney . iohi. de monteacuta . iohi. de bellomonte . custodibus quinque port●●m . the parliament holden at westminster in the quindene of st. hillarie in the xviiii th . year of king richard the second . on wednesday the th . of st. hillarie the parliament by the assent of the duke of yorke the kings uncle , and warden of england was adjourned untill the next day , at which day the chancellor of england ( being not named ) shewed the parliament was called for three causes . first that the church should enjoy all her liberties . secondly for the good government of the realme , and administration of justice . thirdly that the duke of gloucester was sent into the realme , to declare the kings passage into ireland , his great zeal to conquer them , and the great hope thereof . and how that the said duke had to them especiall passage by mouth . receivers of petitions for england , ireland , wales , and scotland . receivers of petitions for gascoyne and other places beyond the seas , and of the isls. tryars of petitions for england , &c. as above . tryars of petitions for gascoyne , &c. as above . the lords and commons towards the conquest of ireland , grant to the king one tenth , and one fifteenth . petitions of the commons exhibited to the duke of york guardian of england , with their answers . sundry counties praying remedy against the overcharging of sheriffs upon their accompts . the kings former grant made to the councell , for the mittigation thereof shall continue . they pray remedy against the ministers of the constable of nottingham castle , for extorting iiii . d. of every person passing , with one load of coals for his own use , out of the forrest of sherborne . the statute therefore provided shall stand , the justices of peace may further redress the same . that remedy may be had against the men of bristoll , for clayming custome of wines , discharged at chepstow , which ought to be free . as it hath been . that the statute in the th . that shoemakers shall tanne no leather , may be revoked . the same statute shall continue with this adjunct , that tanners shall tanne their leather well and sufficiently , on pain of forfeiting of the same . the dean and chapter of leichfield by their attorney upon the scire fac . returned served against the prior of newport-pannel , for errors in judgment given against them at the kings bench : require the exemplification , and reverfall of the same . the same prior being in the parliament , solemnely called , cometh not in : whereupon the dean & chapt. require , that upon the default they may proceed to the examination of the errors , which was granted , and commandment given to walter clopton chief justice , to bring in the whole process and record , which he did . the process and record being very long , hath therein good matter of pleading , worthy of noting . it was adjudged , that the judgment made against the said dean and chapter in the kings bench upon a writ of error brought by the said prior should be revoked as erronious , and that the former judgment given in the common place for the said dean and chapter , should be good . a commandment was given to the chancellour to execute the former judgement in the common place . of this year is no mention made in the print . anno vicessimo richardi secundi rex , &c. charissimo vunculo suo johi . duci aquitaniae & lancastriae , &c. apud west . in festo s. vincentii ; teste rege apud westm. tricessimo die decembris . edo . duci eborum . tho. duci gloucestriae . henr. com. derbiae . edro . com. rutland . tho. com. cantii . rico. com arundell . tho. de bello campo com. war. aldredo de vere com oxoniae . edw. de courtney com. devon. will. de monteacuto com. sarum . hen. percie com. northumb. iohanni de holland com. huntingt . tho. de mowbray com. maress . & nottingh . tho. le dispencer . tho. camois . ioh. bourchier . ioh. cherlton de powis . ioh. de clinton . ioh. de ware. stephano scroope de musham . willelm . roos de hamelake . hen. fitz-hugh . ric. le scroope . hugoni burnell . will. la zouch . de harringworth . tho de berkley . iohi. de welles . phillippo . le dispencer . almarico de st. amando . rado de cromwell . rado de lumley . rado baroni de graystock . rob. de harrington . will. de willoughby . ioh. cobham de kent . will. de dacre . ioh. le strange de knokin . tho. de lovell de halmshyre . rico. seymore . will. beauchamp de burgaveny . iohi. de monteacuto . iohi. de fishmerch . rico. gray de codonore . reg. gray de ruthin . rado gray de raby . tho. bardolf . de wermegey . tho. de morley . will. de ferrariis de groby . will. heron. phillippo dacre . roberto scales . edro . com. rutland custodi quinque portuum . the parliament holden at westminster the monday in the feast of st. vincent , in the twentieth year of king richard the . on munday , the feast of st. vincent , the king being in the parliament , the bishop of exeter being chancellour , by his commandement declared the cause wherefore the parliament was called , and alledged by many authorities of the scriptures , that foure points belonged to every prince to consult in his parliament : first , that the church should enjoy her liberties in peace ; secondly that all the subjects should be governed without oppression ; thirdly that the good laws should be maintained , the evill amended , and iustice executed ; fourthly that the realm should be defended against the forrein enemies : all which the king was ready to do by good advice . he then declared the danger by the scotts and irish men , the hazard of guienne , and the marches of callice , and willeth them to consult of the same to the least charge of the realm . receivers of petitions for england , ireland , wales , and scotland . receivers of petitions for guienne , and other places beyond the seas , and of the isls. tryars of petitions for england , &c. as above . tryars of petitions for guienne , &c. as above . on tuseday following , the commons chose sir iohn bussey to be their speaker , whereto the king agreed ; the said sir iohn had his common protestation there allowed : at the same time the duke of lancaster , required the king to do justice upon sir thomas talbot : the chancellor then declared , that the next day , the cause of the parliament should be more especially declared . the wednesday ensuing , the chancellor , and others of the king officers , declared to the commons the speciall intent of the king ; ( other mention there is not made ; ) the same time the commons require the king , to send for such bishops and lords as were absent : the chancellor answered , that the same were too long and tedious . on thursday ensuing , the commons before the king and lords , made their excuse , that where it was said that the commons upon excitation , meant to move the king , for staying to send the arch-bishop of canterbury , and the earl's of rutland , and marshall in message to his father the king of france into the parts of lumbardie , according to his promise , that they never were moved , nor meant the same of the event of the same voyage , whatsoever it should be , or of any the like . they onely require the king to hold them excused , and refer the same to his own pleasure . whereunto the king by his own mouth declared certain causes of the same journy ; first for appeasing of the warrs , and the intollerable losses thereby ensuing . the second , for that the said king was his affinee , and cosin , and his ally ; and further he thought to aid him . the third , for that in conscience he was bound to help to vanquish the common tryant . the king declareth further , that he would be at liberty at all the like times to ayd any his allies . to the request of the duke of lancaster , for justice to be done on sir thomas talbot , the king meant to do justice upon whatsoever he were ; yea , though of his own blood . the chancellor declareth to the commons , that he and others of the kings officers , would come the next parliament and debate with them of weighty affairs . on friday in candlemas week , the chancellor being willed by the king , to declare the conference with the commons , answered that they required four points ; first , for the continuance of sheriffs ; the second , for the defence of the north marches ; the third , touching liveries , and badges ; and the fourth , for the avoyding the outragious expences of the kings house , and namely of bishops and ladies . the king by his own mouth answereth to every article , and touching the fourth , seemed much offended , saying , that he would be free therein : and that the commons thereby committed offence against him , his dignity , and liberty : the which he willed the lords to declare the next day to the commons . and further willed the duke of lancaster , to charge sir iohn bussey speaker to the parliament , to declare the name of him who exhibited the same bill . after this declaration made by the lords to the commons : the saturday ensuing , they delivered the name of the exhibiter , which was sir thomas haxey , the which bill was delivered by the cleark of the parliament , to the cleark of the crown ; after which the commons forthwith came before the king , shewing themselves heavy of cheare , and declaring that they meant no harm , they submitted themselves to the king , and most humbly craved pardon . the chancellor by the kings commandment declared , that the king held them excused , and the king by mouth declared , that they were sunderly bound to him , and namely in forbearing to charge them with desmes , or fifteens , the which he meant no more to charge them in his own person . the lords and commons grant to the king for . years , as is contained in the . r. . tit. . for three years , as is there contained , tit. . it is enacted , that every merchant should bring into the tower of london , one ounce of gold , foraign coin , of every sack of wooll , for every cc xl. wooll fells , and for every half last of skins , or else s. d. for every of them , over and above the due customes , and to put in security therefore , vide . h. . tit. writs to the customers and officers of ports , to take such sureties . the commons grant to the king , power to moderate the statute of provisors , as in . r. . tit. . saving the right of the kings crown . after this forthwith the arch-bishops of canterbury and york , for themselves and the clergie of their provinces , declared to the king in open parliament , that forasmuch as they were sworn to the pope and s●a of rome , if any thing were in parliament attempted , in restraint of the same , they would in no wise assent thereunto , but utterly withstand the same : the which their protestations , they required to be enrolled . after that , sir thomas haxey by parliament adjudged to dy as a traytor : the arch-bishop of canterbury , and other bishops , craved of the king , that the said thomas might have life , the which the king granted : that done , they for the honestie of the church required , that he might remain in their keeping , the which the king also granted , and commanded sir thomas sercie , steward of his houshold , to deliver the said thomas haxey to the arch-bishop , vide the cause of his judgment before tit. . vide . hen. . tit. . the bishop of landaffe , prayeth restitution of the mannour of bishippiston in wales , parcell of his temporalities , the which thomas beauchamp , earl of warr. since the death of the last bishop had kept ; the earl of warr. being present , was demanded hereof , and could not deny the same , nor shew any cause , wherefore it was adjudged , that the same mannour should be ●eized into the kings hands , and the issues taken by the earl to be answered , and that the said earl should fine with the king for his contempt . upon the petition of the begging fryers there at large is enacted , that none of that order should pass over the seas without lycense of his soveraign , nor that he take upon him no order of master of divinity , unless he were first apposed in his chapter provinciall , on pain to be out of the kings protection . william mounteacute earl of salisbury , prayeth a scire facias against roger de mortimer earl of march , returnable at the next parliament , for the castle town and honour of denbeigh and the cantreds of roos , reyvinriocks , and kardiner : and the comote of dimnall in wales , the which was granted , vide . rich. . tit. . the king doth confirm unto the arch-bishop of canterbury this prerogative : that the same arch-bishop and his successors , shall have the keeping of all lands holden of him in chief : and thereupon caused to be delivered to the said arch-bishop , the castle of tenbridg , holden of him in chief , during the minoritie of the heir of the earl of stafford . the king as sole emperour of the realm of england , for the honour of his bloud wileth , and of his full power inabled and made mulier of his proper authority , sir iohn beauford his brothers and sisters , and also published their legitimation , according to the form of his charter , the which was read in full parliament , and delivered the same to the duke of lancaster their father . the like charter was made to iohn knight , henry clarke , thomas de damosells , and ioan beauford the damosel , and dear children of iohn duke of lancaster . the chancellor then declared , how that the king had created the said iohn his cosin earl of somerset , to have to him , and to the heirs males of his body lawfully begotten , with l. in the like manner yearly of the profits of the countie of somerset . whereupon the same iohn was brought before the king in parliament between the earls , viz. of huntington , and marshall , arrayed in a robe , as in a vesture of honour , with a sword carried before him , the pummell whereof being guilded , and the charter of his creation was openly read before the lords and commons : after which the king girded him with a sword aforesaid , took his homage , and caused him to be set in his place in the parliament , viz. between the earls , marshall and warr. the charter of the said creation . the king granteth to the earl of nottingham , and to the heirs males of his body lawfully begotten : the office , name and title of earl marshall of england , the office of marshall in the kings bench , and in the exchecquer , the office of proclaimer marshall : the steward , and marshall of the kings houshold : and further that the said earl and his heirs males marshalls of england , by vertue thereof may carry before them a certain golden staff enamelled black at both ends , with the kings arms at the upper end , and his own arms at the nether end : the which charter was openly read in the parliament , and delivered to the said earl. petitions of the commons , with their answers . the print touching selling of merchandize , cap. . doth not altogether agree with the record ( which note ) but it agreeth with tit . . in the same record . the print touching taking of horse without authority , cap. . agreeth with the record in effect , but not in form . that the kings officers for making arrests , or attachments in church-yards , are therefore excommunicated , whereof remedie is required . right shall be done to such as be specially grieved . the print touching riding armed , cap. . agreeth with the record to this point ; and moreover , the kings &c. of which latter point the record maketh no mention . the print touching wearing of liveries , cap. . agreeth with the record . the print that no lords should sit with the justices of assize , cap. . agreeth with the record . for this title look before tit. . the print touching the revocation of certain banished justices , cap. . agreeth with the record . anno vicessimo richardi secundi rex , &c. johi . duci aquitaniae & lancastriae , &c. apud west . die lunae post festum exaltationis sanctae crucis &c. teste rege apud westm. decimo octavo die julij . edo . duci eborum . henr. com. derbiae . edro . com. rutland . alberto de vere com oxoniae . edw. de courtney com. devon. hen. percie com. northumb. iohanni holland com. huntingt . iohani com. somerset . ioh. com. cantii . tho. com nottingham & maresc . angliae . ioh. de monteacuto com. saram . tho. le dispencer . tho. camois . ioh. bourchier . ioh. cherleton de powis . waltero fitz walter . ioh. de clinton . ioh. de ware. willielmo heron. stephano le scroope de masham . willelm . roos de hamelake . hen. fitz-hugh . ric. le scroope . hugoni burnell . tho b●rkley de berkley . iohi. de welles . phillippo dacre . phillippo . le dispencer . almarico de st● . amando . rado de cromwell . rado de lumley . rado baroni de graystock . rob. de harrington . will. de willoughby . ioh. cobham de kent . will. de dacre . ioh. le strange de knokin . roberto de scales . tho. nevill de halmshyre . rico. seymore . will. beauchamp de burgav●ny . ioh. lovell de fishmerch . rico. gray de codonore . reg. gray de ruthin . rado nevill de raby . tho. bardolf . de wer●●gey . tho. de morl●y . will. de ferrariis de groby . edro . com. rutland custodi quinque portuum . anno vicessimo primo richardi secundi . rex , johi . duci aquitaniae & lancastriae , &c. apud west . die lunae post festum exaltationis crucis &c. teste rege apud westm. quinto die novembris . edro. duci eborum . edro . duci albemarlis . tho. duci surr. iohi. duci oxoniae . tho. duci norff. ioh merch●on . dorset . alberto de vere com oxoniae . edw. courtney com. devon. hen. de percie com. northumberl . ioh. de mon●eacuto com. sarum . iohi. le dispencer . com. gloucester . rado de nevill com. westmerland . tho. camois . ioh. bourchier . ioh. cherleton de powis . waltero fitz walter . ioh. de clinton . ioh. de war● . willielmo heron. stephano le scroope de masham . willelm . roos de hamelake . hen. fitz-hugh . ric●●e scroope . h●goni burnell . tho berkley de berkley . iohi. de welles . phillippo de darcey . phillippo . le dispencer . almarico de st● . amando . rado de cromwell . rado de lumley . rado baroni de graystock . rob. de harrington . will. de willoughby . will. de dacre . roberto de scales . tho. nevill de halmshyre . rico. seymore . will. beauchamp de burgaveny . ioh. lovell de fishmerch . rico. gray de codonore . reg. gray de ruthin . tho. bardolf . de wermegey . tho. de morley . will. de ferrariis de groby . the parliament holden at westminster the munday next after the exaltation of the cross in the xxi th . year of king richard the second , and from thence adjourned to shrewsbury . the king , the same munday , being present , the bishop of exeter , as chancellor of england by his commandement declared ; that the parliament was called to the honour of god to the redress , and safety of the realm , and for his theame took the words of ezekiel , rex unus erit omnibus : approving by many authorities , that by any other means than by one sole king , no realm could be well governed ; and that to the well governing of a good king , three points needed ; first , that the king should be puissant . secondly severe in execution of laws , whereby he governed . thirdly that the subjects should be obedient to the kings laws . to the end the king might be the more puissant , he sheweth , that many liberties , and prerogatives were given to the king , which in his coronation he was sworne to performe , so as if any thing was done to the contrary by law , the same was revoked , and therefore they thereof were now called to consult . that laws ought to be executed , appeared by the common example of a good father , who uses as well to strike as to stroke his child ; and that the same might the better be executed , the king had appointed new judges , and officers through the realm , and now was desirous to redress the fame defects of the law , if any there were . and that the realme and subjects ought to obey the king and his laws , was apparant , for that no man could claym propertie of life , or of any fruit of his travell , without the pillar of the prince , or law. he concludeth , that the king meant the observation of the laws , the continuance of all liberties generall , and speciall to every person , and corporation , and further to shew pardon to his subjects excepting some . receivers of petitions for england , ireland , wales , and scotland . receivers of petitions for gascoyne and other places beyond the seas , and of the isles . tryars of petitions for england , &c. as above . tryars of petitions for guienne , &c. as above . on tuesday , the next day after the commons presented to the king sir iohn bussey for their speaker , who made his common protestation , and prayed that the same might be entred of record , which was granted . for that divers judgements were heretofore undone , for that the clergie were not present , the commons prayed the king , that the clergie would appoint some to be their common proctor , with sufficient authority thereunto . the bishops therefore being severally examined , appointed sir thomas percie their proctor to assent , as by their instrument appeareth . after this sir iohn bussey rehearsed in effect , the oration made by the chancellor , and so sheweth further , as it appeareth at large in the printed book cap. . the pardon 's granted to the duke of gloucester , and the earls of arundell , and warr. by parliament , in the eleventh year of this king are repealed , as done against the kings will by force onely . a pardon also granted to richard earl of arundell , dated at windsor . aprilis an. r. . is also revoked by parliament . the twentieth of september the commons made their protestation before the king saying , that by accusing certain on the same day , they required that they should not be forebarred , but that they might at any time after , during the parliament ef● soones make further accusations ; the which was granted , and their protestations entred . the same day the commons in full parliament accused thomas arundel archbishop of canterbury , that when he was chancellour he procured , and as chief , executed the same commission made traiterously in the tenth year of the king. and also for that the said archbishop procured the duke of gloucester , and the earls of arundell , and war. to incroach to themselves royall power , and to judge to death simon de burleigh , and sir iohn barnes without the kings assent ; whereupon the commons required that the same archbishop might rest under safe keeping ; whereunto for that the same impeachment touched so great a person , they would be advised . the fifteenth day of september the commons prayed the king to give judgement on the same archbishop , according to his desert . the king answered , that privately the said archbishop had confessed to him , how he mistooke himself in the same commission , and therefore submitted himself to the kings mercy . wherefore the king , lords , and the said sir thomas percie adjudged the fact of the said archbishop to be treason , and himself a traytor . and therefore it was ordered that the said archbishop should be banished : his temporallities siezed : his lands , and goods forfeited as in fee , as in use , as in possession . the king further prescribeth , that the said archbishop , should take his passage on friday in the six weeks of michaelmas at dover● towards the parts of france . the print touching four points of treason , cap. . agreeth with the record . sir thomas mortimer knight was impeached of sundry treasons , as well by the lords impeachment , as by the commons : and for that he was fled , it was enacted that proclamation should be made in england , and ireland that the said sir thomas should yield himself within three moneths after to the law , or else to be reputed , and to forfeit as a traytor . the like to be of all his adherents , and ayders after the said three moneths . vide the second part of this year tit . . the print that none should go about to repeale any thing done against the parliament of eleventh , agreeth with the record . the bishops , and lords swore by the shrine of st. edward , that they would observe all ordinances of this parliament , as by their oaths hereafter may appear . it is enacted by the common consent , that the said oath of the bishops and lords should be enrolled in the chancery ; so the successors of every bishop , and the heirs of every the lords should swear the same , before their livery had of their temporallities ; for the better observation hereof , the bishops before the king pronounced excommunication , and provided censures for the impugners of the same . this last whole record agreeth with the print cap. the fifth . the print touching the issue of certain forejudged cap. . agreeth with the record . the print touching grants of such fore-judged cap. . agreeth with the record . the print touching collations to benefices of the attainted cap. seventh agreeth with the record . william monteacute earl of salisbury sheweth , as in . r. . tit . . and upon the record of the kings bench , there mentioned , assigned before the king certain errors , whereupon was awarded to him a scire facias against roger mortimer earl of march , returnable at the next parliament . the king in full parliament excuseth as innocent the duke of yorke , the bishop of worcester , and sir richard le scroope , then living : william late a●chbishop of canterbury . alexander late archbishop of york , thomas late bishop of exeter , and michael late abbot of waltham then being dead : of the execution , and intent of the commission made in anno tenth , as being assured of their loyalties , and therefore by parliament restoreth them to their good name . the king also declareth , that henry earl of darby , and thomas mowbray earl of nottingham , had loyally used themselves towards the king by coming from the duke of gloucester , and from the earls of arundell , and war. trayterously assembled in defence of the king , the which earls of nottingham , and darbie the king by parliament took as obey sant leiges . the print touching the principallitie of chester cap. . agreeth in effect with the record , but not in full forme . at the request of the commons the king granteth , that the statute made for the number , and abillitie of serjeants at arms shall be executed . the print touching the castle , and town of worcester , &c. cap. . agreeth with the record , but that the print is winchester , where it should be worcester , which note . the print touching the courts , and liberties of the duke of gloucester in essex , cap. . agreeth with the record in effect , but not in forme . it is enacted that all judgements , ordinances , declarations , establishments of this parliament shall continue as statutes . it is enacted , that the bridge of rochester , then newly better made in another place , and all such tenements as accustomed , or were wont to pay any rents , or customs to the old bridge , should from henceforth pay the same to the new bridge . the commons require that provision may be made , for the defence of the north marches . the king answered that upon understanding from thence he should take order therein . on saturday in michaelmas week , the king sheweth three causes , wherefore he meant to advance certain men . wherefore the king sitting then crowned in his royall majesty , and holding in his hand the regall scepter , created his cosen henry of lancaster , and earl of darbie , duke of hereford , to have to him and to the heirs males of his body begotten , and gave to him the charter of his creation , the which was read in open parliament , and thereupon the king girded the duke with a sword , and set over his head a cap of honour , and dignity of a duke , and received of him his homage . the same day in the same manner , and forme sir edward earl of rutland , was created duke of aumerle . in like manner sir thomas de holland earl of kent , was created duke of surry . so was iohn de holand earl of huntington created duke of exeter . so was sir thomas mowbray earl of nottingham , created duke of norfolk . in like manner the king in the absence of his cosen , margaret marshall countess of norfolk , created her dutchess of norfolk during her life , and sent to her the charter of the same . so was sir ralph beauford earl of somerset created marquess dorset , girded with a sword , and a circle set over his head . thomas le dispencer was created earl of gloucester . sir ralph lord nevill was created earl of westmerland . sir thomas de percie was created earl of worcester . sir william le scroope was created earl of wiltshire . the same saturday for certain considerations the king adjourned the same parliament from that place to shrewsbury , with all estates and degrees of parliament , as they were at the same time as westm. the th . day of september aforesaid , sundry bishops and abbots there named , made their oath to the king before the shrine of st edward . the oath of the bishops . the names of the temporall lords that took their oaths then to the king , at what time were seaven dukes . the oath of the temporall lords . the knights of the countie affirmed that they would perform the oath . sir thomas percie proctor for the clergie , sworn to perform the same . the censure of excommunication pronounced by the clergie . on monday after the quinden . of hillarie , the king , lords and commons assembled at shrewsbury according to the adjournment , where the chancellour declared , that the cause of the assembly was , that the whole church & all persons , should have their liberties , and that thereshould be no governours within the realm but one . he also declared unto the commons , how the king should be of them informed in what wise the charges of the realm of ireland , the marches of scotland , and callice , and the land of guienne should be born after the truce , which would shortly end . sir iohn bussey the speaker , made his common protestation , which was granted and enrolled . at the request of the commons , roger earl of march took his oath by the cross of canterbury , to peform what the other temporall lords before should do cap , . the print touching the repeal of the statutes made in the . r. . agreeth with the record . the print touching the restitution of the earl of suffolk , cap. . agreeth with the record , onely in one place of the print there is the ( th . year ) where it should be the th . the tuesday after sir iohn bussey , the speaker , declared before the king , how ready the commons were to ease the king by some subsidie , and prayeth for the commons , a generall pardon . whereunto the chancellour by the kings commandement answered , that the king would be advised untill he knew of the commons grant. upon that request of the commons the clergie gave the like power to sir william le scroope of wilts , to answer for them , as they late did to sir thomas le percie . upon the advice of sir iohn bussey , most of the bishops and lords were sworn before the king again upon the cross of canterbury , to repeal nothing in this year enacted , so did sundry of the proctors of the clergie , and most of the commons by holding up their hands , affirmed that they the same would do , the oath doth there appeare , the king doubted whether it were good to send to the pope for some means to bind the kings of england his successors to perform the same oath ; for that by oath he could not bind them against the libertie of the crown . henry duke of hereford , by the kings commandement , exhibited to the king in parliament , a schedule containing the accusations of the duke of norfolk , for words to him spoken by the said duke of norfolk , the effect whereof in cheif part was ; that the king , notwithstanding his fair countenances , and great oaths made , did yet mean to oppresse the duke of lancaster , and the said two dukes of aumerle , and exeter , and the marquess dorset ; and that by the oaths of other nobles there named . wherefore by act of parliament , this whole matter was committed to sundry nobles , and knights of the commons there named , to determine , vid. . tit . . thomas le despencer , earl of gloucester , exhibiteth two bills , requiring by the first , that the revocation of the exile of sir hugh le dispencer , the father of his ancestor , made in e. . might be brought before the king and confirmed , and that the repeal of the same made in . e. . might be revoked . the second requireth the like for sir hugh le dispencer the son , and his ancestors . the revocation of the exile of sir hugh le dispencer the younger , is at large , and not elsewhere to be found that i have seen . it first sheweth the manner of the apprehension of newport castle by whom the particular damages sustained thereby , his judgement of exile and the errors , whereupon the same was revoked ; in which i note . the names of . castles in wales belonging to the said hugh . the names of twenty three mannours , very stately , in wales , belonging to the said hugh , besides the countries of camtresmon , glamorgan , and wentlock , with the countie of galesy . the revocation of sir hugh le dispencer the father is above . wherein i note . of stately mannours lying in sundry shires , belonging to the said hugh . i also note , that he had twenty eight thousand sheep , and one thousand oxen and stears , one thousand two hundred kine with their calves , and xl. mares with colts of two years . cx. drawing horses . two thousand hogges . ccc . bullocks , xl. tun of wine . vi c. bacons . iiii xx . karcases of martlemas beefe . vi c. muttons in larder , and tuns of sider , armour , plate , jewells , and ready money better than ten thousand pound . xxx vi . sacks of wooll , and a librarie of books . the writ sent to the justices of the kings treasurie , and barons of the exchecquer , for the publication of the said revocation , made in the fifteenth year of e. . for the said lord le dispencer . the repeal of the said revocation made in the first year of e. . as it is in the rehearsall , and the . and chapters in print . the said earl of gloucester prayeth , that the revocation aforesaid may be confirmed , and the repeal next above revoked , considering that the said repeal was made by king e. . at such time as e. . his father being very king , was living at the same time , and imprisoned , that he could not resist the same . the lords being severally demanded what they thought of the said repeal , made in the . e. . thought the same unlawfull , whereupon the king by full assent revoketh the repeal aforesaid , and confirmeth the revocation made . e. . and restoreth the said earl to all the inheritance of the said hugh , and to all actions ancestors of the said hugh and hugh . provided alwaies that the king be saved harmless from any the said lands granted by him , or any of his ancestors with warrantie : and that the said earl , shall claim none of the said inheritance being in the kings hand . the thursday after , the duke of hereford humbly kneeling upon his knees before the king , requireth pardon of sundry his ryots , troubles , and misdemeanors done within the realm , in offence of the king and of his estate , whereof the king then granted pardon to him , and published the same afterwards to the estates of his realm . the print touching robberies done at ratcot-bridg , cap. . agreeth with the record . the same day the chancellor by the kings commandment , willed that if any man had , or knew where was the pardon made to richard late earl of arundell , and repealed now by parliament , he should bring the same in on loss of all which he hath ; and accordingly writs of proclamation were sent through the realm . the same day thomas earl of gloucester of his own free will came before the king sitting in parliament , and holding in his hand the cross of canterbury , swore thereby to the king , that he would never impeach any the lords here under written , neither his highness for the hereditaments which late were sir hugh le dispencers , sir hugh le dispencer his son , his ancestors , but that he would at ny time make sufficient releases , to them or to their heirs of the me upon request alice the late wife of sir william windsor knight , requireth the revocation of a judgment made against her , . r. . tit . . by the name of alice peeres , for certain errors therein contained , whereupon it was agreed in full parliament , that the king upon good deliberation should end the matter , as to him should seem good . the names of the lords . iohn duke of lancaster , edmund duke of york , henry duke of hereford , edward duke of aumerle , tho. duke of surrey , iohn duke of exeter , iohn marquess dorset , roger earl of march , iohn earl of salisbury , william earl of wilts . the office of the marshall , was committed to the duke of surrey ; the office of the admirall , was committed to marquess dorset , with this declaration , that the king was contented that the same should be known to the estates : albeit the same was freely in him to dispose , and nothing appertaining to the parliament . sundry lords , and certain of the commons are appointed by common consent , fully to answer all bills , and wholly to determine all other matters moved in the parliament , and not determined , with all their dependants , according to the print , cap th . wherein i note a rare example , that there was not one of the clergie among them . the commons by the assent of the bishops and lords , granted to the king during life , the subsidy of all staple ware , according to the last grant , and one desme , and half a desme , with one xv . and half xv . upon which their grant , the commons required the king , to have consideration of the great spoile , and havock made at rotcot-bridg : and further to consider the great charge of the lords appellants , whereto the king granted . the kings generall pardon very large , with excepting certain , agreeth with the print , cap. . upon the grant of which pardon , the king by his own mouth openly declareth , that if the lords or commons should at any time impunge the grant of the subsidy during his life then granted , that then the pardon should cease . after which done , the chancellor by the kings commandment , gave thanks to the lords and commons for their travels , and granted , and willed the knights and burgesses to sue forth their writs , and so licensed them to depart the thursday aforesaid . petitions answered by the lords appointed before tit . . the tuesday next after st. edward . the merchants denisons , and aliens of the realm require to have the act made in r. . tit . . to be repealed , considering that the duke of burgundy had enacted , that no man should carry forth any bullion out of the same country of flaunders . the king will send his especiall letters to the said duke , and to other his officers , and ministers therein , as oft as need shall require . it is enacted , that the statute made touching shoemakers in r. . tit . . shall be observed in all points , notwithstanding any repeale to the contrary . the print touching the staple at callice , cap. . agreeth with the record in effect , though not in forme . the print for bringing ships fraught with stone to callice , cap. . agreeth in manner with the record , but not fully . the print touching annoyance by water-mills , cap. . agreeth with the record . the print touching the procuring the revocation of any act , cap. . agreeth with the record . whereupon the forme of the oaths of the bishops , and lords at such time as they should have livery of their temporallities , or lands was altered , viz. for the observation of the acts , and orders passed by parliament , as for any orders made within the time of the parliament , as by those severall oaths may there appear . on tuesday the eighteenth of march in the th . year of king r. . it was declared , how henry duke of hereford , after the judgement given against him at coventre , had procured by letters patents from the king , that he might during his absence by his attornyes sue , and have liveries of any lands descended to him , and his homage respited , which letters patents were declared to be against the law : whereupon the king by the advice of the committees aforesaid , and assent of parliament , revokes those letters patents . the repeale of like letters patents made to the duke of norfolk is also made . the observation of which statute , and other ordinances made as well at coventre as elsewhere by authority of parliament , sundry bishops , and lords , and certain of the commons there named were the same tuesday sworn before the kings person to performe upon the cross of canterbury . after this the chancellour by the kings commandement required openly , that as many as were sworn , and would the observation , should hold up their right hands , which was done by the whole multitude in the kings presence . note that there is another roll of this year and contents , marked with the letter e. in one roll of this year marked with the letters f. i. are contained the accusations of the lords appellants against the duke of gloucester , the earls of arundel , and warr . &c. and sir thomas mortimer with their arraignments , and judgements more particularly than before . . they first accused the said duke for procuring the commission expressed before tit . & namely for sending by vertue thereof , for oswald bishop of galloway in scotland the kings enemy . then for raising a warlike company at harringey in middlesex , and coming into the court into the kings presence armed . for that they accroached to themselves royal power , and contrary to the kings commandement at the parliament in r. . adjudged , and caused sir simon burleigh knight to be put to death as a traytor . for that they also the thursday next after the feast of saint michael in anno . at huntington purposed to have surrendred from the king their homage , and allegiance , and to have deposed the king. for that they also took out of the kings treasury the record , whereby he surrendred the kingdome , the which they shewing unto the king at the parliament at westminster in the eleventh , said then to the king , that they had good cause then to depose him , but they stayed the same for the love of his noble grandfather , and father , and in hope of his better government . in another roll annexed thereunto , and intituled as followeth . placita coronae coram domino rege in parliamento suo at ud westm. die lunae proximae post festum exaltationis sanctae crucis , anno regni regis richardi secundi post conquestum . all the matter , and circumstances conteined in the last roll , next before are expressed . all which articles the lords appellants ought to approve as the king should awarde , whose names were edward earl of rutland . thomas earl of kent . iohn earl of huntington , thomas earl of nottingham , iohn earl of somerset , iohn earl of salop. thomas lord le dispencer , and william le scroope knight . whereupon the lords appellants required the king , that such persons appealed , as were under arrest , might come to their answer ; at which time it was commanded to ralph lord nevill there present , constable of the tower , to bring forth richard earl of arundell being in his custodie , whom the said constable brought into the parliament the . of september . at what time the lords appellants came also in their proper persons . to the which earl the duke of lancaster steward of england , by the kings commandement , and assent of the lords , declared the whole circumstances ; after the reading , and declaring whereof , the earl of arundell saith , that he had one pardon made at the parliament , in the r. . and one pardon made within six years before that present time , and prayeth that they may be allowed . the duke answered , that for as much as they were unlawfully made , the present parliament had revoked them . the said earl was therefore willed to say further , for himself at his perill , whereupon sir walter clopton the chief justice by the kings commandement , declared to the earl that if he said no other thing , that the law would adjudge him guilty of all the actions against him , the which earl notwithstanding would say no other thing , but required allowance of his pardon . the lords appellants therefore in proper person require , that judgement may be given against the said earl , as convict of the tresons aforesaid . the duke of lancaster by the assent of the king , bishops , and lords , adjudged the said earl convict of all the articles aforesaid , and thereby a traytor to the king , and realm , and that he should be therefore hanged , drawn , and quartered , and for●eit all such his lands in fee , or fee tayl , as he had the nineteenth day of november , in the tenth year of the king , together with all his goods , and chattels . but for that the said earl was come of noble blood , and house , the king pardoneth him the execution of hanging , drawing , and quartering , and granted that he should be beheaded . and thereupon commandement was given to the lord de morley lieutenant of the marshall of england , to do execution next to the tower of london , and so the said earl was beheaded the same day . upon a writ sent to thomas earl marshall , captain of callice , to bring forth the body of thomas duke of gloucester ; the said captain returned the said earl was dead in his keeping , in the kings prison at callice . after which returne read in parliament , the lords appellants in proper persons required , that the said duke might be adjudged even as a traytor ; the commons required the same : whereupon the duke was adjudged a traytor . and that he should forfeit all such lands in fee , or fee-tayl , as he had the thirteenth day of november in the eleventh year of this king , and all his goods , and chattels . after this the lords appellants in proper persons require , that if there were any confession , or record touching the aforesaid appeal of the persons appealed , that the same might openly be declared ; whereupon one commission directed to wil. richill one of the justices of the common place to take the examination of the said duke was returned , and read , with the examination of the said earl , made and written in the castle of callice , with the very hand of the said duke . the confession first declareth , how that he was one that procured the commission made in anno . and thereby accroached to himself regall power in restraint of the king , and derogation of his prerogative , as since he learned , albeit he then thought it not any , and therefore craveth pardon . he further confesseth an offence for coming armed into the kings presence , albeit he did the same for dread of his life , and craveth pardon therefore . he further acknowledgeth an offence for taking the kings leters from the kings messengers , and interrupting the same . he also accuseth himself for speaking slanderous words to the king in the presence of others , albeit he meant no harme . he further confesseth his evill for asking of certain learned with others , whether he might not give up their homage for fear of their lives , which they meant . finally he confesseth , that he with others for two or three days space , meant to have deposed the king. for all which his unkindness he craveth pardon . after the reading hereof william rickhill in open parliament affirmed the said confession to be made by the said duke of his own free will , being of perfect remembrance . the earl of warwick was brought into the parliament , by the constable of the tower the th . of september , at what time the lords appellants were in proper person , and to the which earl the duke of lancaster steward of england , declared the accusations conteined before in the tit . . . the same earl confessed all the points of treason aforesaid , and submitted himself to the kings grace ; whereupon the said duke by assent of parliament gave the like judgement of this earl , as of the earl of arundell before tit . ● . for like lands , and goods to have relation to the th . day of november in the th . year . after judgement the king at the request of the lords appellants , and commons , to the said earl pardoneth the execution aforesaid , and gran●eth to him life , to remain banished during the same in the isle of man , upon condition that no means should be made of any further favour to him . and the said earl was delivered to sir william le scroope , and sir stephen his brother , to bring him to the said isle , both of whom undertooke body for body , safely to keep the said earl , in the said isle without departing there from . the said lords appellants do appeal thomas mortimer knight for the treasons aforesaid , who was fled into the wilde parts of ireland ; whereupon the parliament assigned a certain day for the said thomas to come , and render himself to the law , or else to be as a traytor , and that thereof proclamation as aforesaid . the lords appellants came into the parliament in proper persons , and required judgement of the said thomas as afore . vide in this year before tit . . . the duke of lancaster therefore as steward of england , by the assent of the parliament , adjudged the said sir thomas , attainted of the treasons aforesaid , and that he should forfeit all such lands in fee , or fee-tayl as he had the th . of november in anno tenth , together with all his goods and chattells . the said lords appellants impeached sir iohn cobham knight , for the articles expressed in tit . . & . he answered that he did not the same of his own procuring , but by the kings sundry commandement : notwithstanding the said duke pronounced him by assent of parliament a traytor , and therefore death● that he should forfeit all such lands as he had in fee the nineteenth of november anno tenth with his goods , and all fee tayled lands for terme of his own life onely , the remainder to the right heirs in tayle : notwithstanding the king , after of his meer grace granteth life to the said sir iohn cobham , so that he should remain in prison in the isle of iersey during his life ; and so as no further means of pardon were made for him . the accusation of henry duke of hereford , made against the duke of norfolk and the order therein taken , as may appear in the . before tit . . & . the nineteenth day of march after the accusation aforesaid , both the dukes appeared before the king at bristow , where by assent of parliament it was agreed , that the determination of the same should be ended according to the law of chivalrie , if sufficient proofs were not found . on the th . day of aprill both the said dukes appeared before the king at windsor , to whom day was given over to appear there on munday the . of aprill . on which munday both the said dukes appeared , and the battail was joyned betwixt them , by the advice of a great number of dukes , earls , bishops , barons and knights there assembled , as those who had authority by parliament , for that no sufficient proofs could in the mean time be found . notwithstanding the king weighing the weightiness of the cause , and how nigh the said dukes were to him in blood , for tender love took the battail into his own hands , and gave judgement by authority of parliament , that the said duke of hereford should by a certain day then appointed depart , and avoyd out of the realm for ten years , and that he should in no wise during the same terme , come in the company of the said duke of norfolk , or of thomas swandell , neither send nor receive any letters , or message from them on pain of treason , and that not for want of proof of his said accusation , for that he was ready therein to do his devoir . to the said duke of norfolk , it was said , that for as much as he had spoken certain words , tending to great trouble , and therein reecitd , he was therefore banished the realm during his life , to avoyde by a day there limited , and to remain in almayne , boheme , or hungarie , and in no other parts of christendome , and to pass over the sea in pilgrimage , and further as above on pain of treason , and that for no default , that the said duke had made in his defence , considering that therein he was ready to make his devoir . and where the king had given to the said duke of norfolk sundry mannours , lands , and tenements for joyning in the appeal with the lords appelants aforesaid , wherein for that the said duke failed to proceed without any good ground , the king adjudged by act of parliament , that the said duke should forfeit all the said lands , and all his offices during his life , together with all warranties , whereby any the kings ancestors were bound to any the ancestors of the said duke . and also for certain payments behind , and due to the king by the said duke , during such times as he was deputy of callice , the king by authority of parliament adjudged to seize into his hands , all the hereditaments of the said duke over and above m l. yearly to be allowed to the said duke untill the king were satisfied . to the judgement of the said duke of norfolk is annexed a certificate from the town of lenestooke in suffolk , of the day of the passage of the said duke towards draight in holland , having in his company to the number of thirty persons . it was further ordained that neither of the said dukes , by any means should sue , or procure any suit for them to be made of any release of their judgements on pain of treason . and note that in all the judgements aforesaid , the name , and assent of the procurator of the clergie is alledged . the eighteenth day of march in the two and twentieth year of the king , the king by assent of the lords , as having full authority therein , doth adjudge sir robert pleasington knight then dead a traytor , as procuring with the duke of gloucester , the levying of war at harringey , for which he should lose all such his lands in fee or fee tayl , and goods which he had the thirteenth of november in anno . henry bowet cla●ke for being of counsell , of the device made to the duke of hereford expressed before in tit . . was adjudged to dye , and forfeit as a traytor , notwithstanding he was after pardoned of life , and banished the realm . and note that there is one roll of this year intituled , copia iudiciorum . anno vicessimo tertio richardi secundi . rex , &c. dilecto consanguineo suo henrico duci lancastriae salutem apud westm. in cro. sancti michaelis prox . futur . teste rege apud cestrium xxix . die augusti . edro. duci eborum . edro . duci albemarliae . tho. duci surr. iohi. duci oxoniae . iohi. marchioni dorset . tho. de bellocampo com. war. alberto de vere com oxoniae . edro . courtney com. devon. ioh. de monteacuto com. sarum . hen. percie com. northumb. edo com. stafford . michael de la poole com. suffs . tho. de percie de wigor . tho. de le dispencer . com. gloucest . rado nevill com. westmerland . tho. camois . ioh. bourchier . iohi. de cherleton de powis . willo . de clinton . mro . tho. de la ware. stephano le scroope de masham . willelm . roos de hamelake . hen. fitz-hugh . will. de ferrariis de groby . tho. de morley . ric. le scroope . hugoni burnell . tho. berkley de weekley . iohi. de welles . phillippo . le dispencer . almarico de st. amando . rado de cromwell . rado de lumley . rado baroni de graystock . rob. de harrington . iohi. darcey . waltero fitz-walter . will. de willoughby . iohi. de cobham chlr. will. de dacre . tho. nevill de halmshyre . rico. seymore . will. beauchamp de burgaveny . ioh. lovell de fishmerch . rico. gray de codonore . reg. gray de ruthin . tho. bardolf de wermegey . roberto scales . petro de malo lacu . tho. erpingham custodi quinque portuum . anno primo henrici quarti . rex , &c. henr. duci lancastriae , &c. apud westm. in festo sct. fidis virginis &c. sexto die octobris . . teste rege apud westm. . septembris . edro. duci eborum . edro duci albemarliae . tho. duci surr. iohi. duci oxoniae . iohi. marchioni dorset . tho. de bellocampo com. war. alberto de vere com oxoniae . edro . courtney com. devon. ioh. de monteacuto com. sarum . hen. percie com. northumb. edro com. stafford . michael de la poole com. suffs . tho. de percie com. wigor . tho. de le dispencer . com. gloucest . rado nevill com. westmerland . tho. camois . ioh. bourchier . iohi. de cherleton de powis . willo . de clinton . mro . de la ware. stephano le scroope de masham . willelm . de roos de hamelake . hen. fitz● hugh . will. de ferrariis de groby . tho. de morley . ric. le scroope . hugoni burnell . tho. berkley de berkley . iohi. de welles . phillippo . le dispencer . almarico de st. amando . rado de cromwell . rado de lumley . rado baroni de graystock . rob. de harrington . iohi. darcey . waltero fitz-walter . will. de willoughby . iohi. de cobham chlr. will. de dacre . tho. nevill de halmshyre . rico. seymore . will. beauchamp de burgaveny . ioh. lovell de fishmerch . rico. gray de codonore . reg. gray de ruthin . tho. bardolf de wermegey . roberto scales . petro de malo lacu . the parliament holden at westminster the munday in the feast of st. faith in the first year of king henry the fourth . the same monday being the th . of october , thomas de arundell , archbishop of canterbury , by the kings commandement , who then sate in his royall estate in the great hall at westminster , there being present the lords and commons , declared how that a parliament was summoned by king richard , to be holden there the tuesday next before , the which summons was undone and void by the acceptation of the renouncing of the same king richard , and deposing of him , made the same tuesday in the presence of the king , lords , and commons , as by the process hereafter shall appear . he then shewed , how this most famous realm for abundance of all felicities , was long governed by children and young councell , and thereby like utterly to have been despoiled and wasted , had not god sent a wise and discreet man to govern the same , who meant by gods help to be governed by the wise and old heads of the realm . after this he took for his theam these words of the maccabees , . incumbit nobis ordinare pro regno , and that is to say , it is the kings will to be governed by the honorable , discreet , and sage of the realm , and by their common consent , and not by his own will , ne after his own fashion to rule the same ; and further enforced , that this realm of any under the sun might best live of it self , and for proof alledged this authority , quod inter regna , hoc principatum tenet . he further addeth , that to every good government three things belong , viz. justice ; the laws duely observed ; and every estate in his vocation well governed : and thereupon heaped many reasons , whereof this realm ought with all renown to be governed : and said further , that the king meant to observe those three points . he concluded , that king henry their lord , meant to be crowned the monday ensuing , and after that done , wholly to addict himself to matters touching the common-wealth : and prayeth of the commons , the continuance of the parliament untill the tuesday ensuing : after which henry de percie , earl of northumberland , and constable of england , demanded of the lords and commons by the kings commandment , whether they would agree to the same continuance , who all being severally examined , agreed thereunto . receivers of petitions for england , ireland , wales and scotland . receivers of petitions for gascoin , and other places beyond the seas , and of the isles . tryars of petitions for england , &c. as above . tryars of petitions for gascoin , &c. as above . the record of the renunciation of king richard the second , and the acceptation of the same , together with the deposition of the said king. on monday the feast of st. michaell , in the year of the raign of king richard , the archbishop of canterbury , the bishop of hereford , henry earl of northumberland , ralph earl of westmerland , hugh lord burnell , thomas lord berkley , the prior of canterbury , and the abbot of westminster , william thurming knight , william markham justice , thomas stow , iohn bur●ach , doctors of the law , thomas of erpinham , and thomas gray , knights , william forraby , and dennis lopham , publique notaries by the assent of sundry of the lords spirituall and temporall , and other lawyers of of all faculties , gathered in councell in westminster in the place accustomed , appointed to execute the act here underwritten , came to the presence of king richard , being in the tower , about nine of the clock . the earl of northumberland for and in the name of them all , remembred the said king richard , of his promise made to the said arch-bishop , and to him the said earl at conway in wales , at what time the said king richard was at libertie , how that he for certain defaults and inabillities in himself to rule , would renounce and give up the crowns of england and france , with the whole rule of the same , and that by the best advice that could be devised ; king richard thereto mildly answered , that he would willingly accomplish the same . after this the same day henry duke of lancaster , accompanied with the persons aforesaid , with the arch-bishop of canterbury , the lords of roos , willoughby and of burgaveny , came into the tower into the presence of the said king richard , where , after familiar talk had between the king , the duke , and arch bishop of canterbury , and sundry chearfull countenances ; in the end the same king , calling all them that were present , said openly that he was ready to make his aforesaid renunciation ; and thereupon it was offered that the instrument should be read by an order . the same king , notwithstanding willingly and chearfully took and throughly read the same instrument , in effect following . the instrument contained a clear absolution and discharge of all his subjects oaths and obeysance ; with free renouncing of all regiment and rule , and all things belonging thereto ; to all which he swore upon the gospell , never in thought , word , or deed to impugn , but wholly to observe the same : the which scedule or instrument he subscribed with his own hand . after which done , the same king by word affirmed , that if it had been in his power , he would have appointed the said duke of lancaster to have succeeded him , which sith it did not , he required the said arch bishop of canterbury and the bishop of hereford , whom he made his procurators , to publish the same to the whol estates and in token thereof pulled from his own finger a ring of gold of his own privy signet , and put the same on the dukes finger . this company bidding the king farewell , departed out of the tower , and came the next day into the great hall of westminster , the place being honorably garnished for the parliament , where the said arch-bishop and duke , and other bishops and lords after named , together with the commons siting in their accustomed place , where also the kings seat being very richly decked was void of any president ; a● which time the arch-bishop of canterbury and bishop of hereford caused the renunciation aforesaid to be openly read and declared , with all other circumstances ; of which the arch bishop as chief was first demanded , and so orderly of all others , whether they would admit the same confession or no , all who particularly admitted the same . after which admission it was thought good and expedient over and above the same , to expresse by certain articles , the evill government of the king , whereby he ought justy to be deposed . first was alledged the kings oath made at his coronation . the objections and articles laid against the king richard wherefore he was deposed , are in the whole the number of worth the noting and well marking . first for wasting and bestowing of the lands of the crown upon unworthy persons , and over charging the commons with exactions . for that the king by undue means procured divers justices to speak against the law , to the destruction of the duke of gloucester , and the earls of arundell and warwick at shrewsbury . for that the king against his promise , procured the duke of ireland sundry rebels about cheshire , where diverse murders by him were committed . for that the king against his own promise and pardon , at the solemne procession apprehended the duke of gloucester , and sent him to callice , there to be choked and murdered , beheading the earl of arundell , and banishing the earl of warwick , and the lord cobham . for that the kings retinue , and rout gathered out of cheshire about the apprehension of those nobles , committed diverse murders , rapes , and other fellonies , besides refusing to pay for their victualls . for that the king condemned the nobles aforesaid , for diverse rodes made within the realm , contrary to his open proclamation . for that the king doubly fined men for their pardons . for that the king to oppress his whole subjects , procured in his l●st parliament , that the power thereof was committed to certain persons . for that the king being sworne to minister right , did notwithstanding enact in the last parliament , that no mediation should be made for the duke of lancaster , contrary to his said oath . for that the crown of england being freed from the pope , and all other forraign power , the king notwithstanding procured the popes excommunication on such as brake the last parliament , in derogation of the crown , statutes and laws of the realm . for that the king banished the duke of lancaster for . years , without any cause , as the same king openly affirmed . . for that the king unlawfully revoked the letters patents , made to the said duke of lancaster , as in an . tit. . for that the king contrary to the laws and wills of the justices , suffered sheriffs to continue longer than one year , and placed such therein , as were unfit . . for that the king repayed not to his subjects debts of them borrowed . for that the king in the time of truce and peace , exacted great subsidies , and wasted the same about frivilous matters . for that the king refused to execute the lawes , saying that the lawes were in his mouth and breast . for that the king , by procuring by statutes that he might be free as any of his progenitors , did under colour thereof convert lawes according to his will. for this which agreeth with the first part of the thirtieth title before . for that the king procured knights of the shires to be made to serve his own will. for that the king enforced sheriffs to be sworn to execute all commandements under the great seal , privy seal , or signet , contrary to their accustomed oaths . for that the king , to wrack money from his subjects , procured seventeen severall shires to submit themselves to his grace , whereby great summes of money were levied . for that the king being sworn to observe the liberties of the church , notwithstanding , at his voyage into ireland enforced divers religious persons to give horse , armour , and carts . for that the justices , for their good good councell given to the king , were with evill countenance , and threats rewarded . for that the king of his own will , in passing into ireland , carried with him , the treasure , reliques , and other jewels of the realm , which were used safely to be kept in the kings own coffers from all hazard : and for that the same king cancelled , and razed sundry records . for that the king by writing to foraign princes , and to his own subjects is reputed universally , a most variable & dissembling man. for that the king would commonly say among the nobles , that all subjects lives , lands , and goods , were in his hands without any forfeiture . for that the king suffered his subjects to be condemned by marshall law , contrary to his oath and the laws of the realm . for that the subjects being only bound by their allegiance , were yet driven to take certain new oaths , for serving the folly of the king. for that the king by his private letters , would charge the ecclesiastical ministers in any new canonical matter , to stay , contrary to his oath . for that the king by force in his parliament , banished the arch-bishop of canterbury , without any good ground . for that the king by his last will passed under the great seal and privie signet , gave unto his successors , certain money and treasure , upon condition to perform all the acts and orders in the last parliament , which being ungodly , and unlawfull , he meant as ungodlily to dye in . for that the king in the . of his raign , in his chappell , in the mannour of langley , in the presence of the duke of lancaster and york , and others , received the sacrament of the lords body , that he would never impeach the duke of gloucester his uncle , for any thing before done , and yet to the contrary he procured him to be murdered . for that the king most fraudulently and untruely against his own oath , banished the arch-bishop of canterbury , and wasted his goods : in which article in private conference between the king and the said arch bishop , the king in a manner prophesied , and doubted that the like would happen of himself , and thereupon shewed a speciall token to the arch bishop , that if he sent the same at any time , that the arch-bishop should look that the king would come to him . after this for the causes aforesaid , and the kings own confession of his defects , the same seemed sufficient to the whole estates for the kings deposition : whereupon by one consent , they appointed the bishop of asaph , the abbot of glastonbury , the earl of lancaster , the lord berkley , sir thomas erpingham , and sir thomas gray knights , and sir william thurning justices , commissioners for giving sentence of deposition , and deposing of the same king r. the sentence of deposition by the commissioners aforesaid . this being done , henry duke of lancaster , so soone as the kingdome was vacant , arose out of his seat , and standing upright , so as he might be seen of the whole people , did humbly cross himself on his forhead and brest , and first calling on the name of christ , claimed the kingdome and crown of england , with the appurtenances , then being void , as his inheritance descending by right from king henry the third , through gods grace , through help of his kindred and friends . after which claim made , and consultations had amongst the lords and estates , they altogether assented that the same duke should raign over them ; and fortwith so soon as the same king shewed unto the estates the signet of king richard purporting the same their election ; the arch-bishop of canterbury took the same king henry by the right hand , and brought him to the royall seat , where king henry , on his knees , made a short prayer : after which the two arch-bishops brought and caused king henry to sit in the royall seat. and before the people could make an end of their joying , the arch bishop of canterbury made a short collation , taking this for his theam ; vir dominabitur vobis . reg. . he discourseth thereupon , and saith , god forgetting his offence , where he said , dabo pueros principes eorum esai . . turns the same into mercie , and saies , vir dominabitur populo ; he then sheweth the properties of a child , that soon promiseth and soon forgetteth , by which inconveniences no kingdom could stand : he sheweth then the conditions of a man , which is to understand , to love , and to persist in truth ; and so applying the rule of king richard to a childs rule , and the rule of this king to the rule of a man , by discommending the one , and commending the other . which collation ended , king henry openly gave thanks to the whole estates , and protested that by way of conquest , he meant not to diminish any mans right , but of such as had been against the common wealth . after this for that the power of all officers ceased , the king appointed his chief officers and justices , who were sworn after the accustomed manner : proclamation was made , that on monday next after the feast of st. michaell , the parliament should be called at westminster , so as on the saturday before all such as claimed to do any service at the said coronation , should be before the steward , constable , and marshall of england , at the white hall of the palace of westminster . on wednesday which was the next day after the commissioners , viz. the bishop of asaph for arch-bishops , and bishops ; the abbot of glastonbury , for all religious persons , and the earl of gloucester , for dukes and earls , the lord berkley for barons , and bannerets , sir thomas erpingham chamberlain , for batchellors and commons of the south , sir thomas gray for batchellors and commons of the north , sir william thurning , and iohn markham justices for the whole estates came to the tower to king richard , of whom sir william thurning for and in the name of them all pronounced the sentence of deposition , and the words of resignation of homage and loyaltie . the which are at large recorded to the effect aforesaid . after which words spoken , the said king answered , that he looked not after rule , but after all this he hoped that his cosen would be a good lord to him . who throughly marketh this tragedy , shall not read the same without tears , and who well noteth the sequell , shall see new lords , new laws , and for new bloud-shed fresh revenge to ensue . on monday the day of st. edward , king and confessor , the same king henry was crowned at westminster with all solemnitie and honour that appertained : at which day sundry of the lords and others did their service due at such coronation . as doth appear hereafter . on tuseday after , the commons presented to the king iohn cheney for their speaker , whom the king accepted , who forthwith made the common protestation which the king allowed . on wednesday ensuing , the same sir iohn with the commons , came before the king , at what time sir iohn declared , that for a sodain disease he was unable to serve , and how the commons in his place had chosen sir iohn doreward , beseeching the king to allow the same sir iohn doreward to be the speaker for the commons . the same wednesday , the same sir iohn doreward made the common protestation for him and the whole commons , as before , the which the king allowed . the commons by the assent of the bishops and lords , towards the wars with scotland , defence of callice , provision for ireland , amendment of the state , and in hope of their requests to be granted , granted to the king for three years the subsidie of wools , skins , and wooll-fells , viz. s. for every sack of denizens , and four pound of strangers , one desme , and one fifteen . the print touching the repeal of the parliament , an o . r. . cap. . agreeth with the record in effect , though not in form . the print touching the affirmation of the parliament , made an o . richard . cap. . agreeth with the record as next before . the print cap. . touching the restitution of the lords , and others forejudged in an o . r. . agreeth with the record as above . it is enacted that all blank writings whatsoever which the city of london , and . other counties for fear sealed to king richard , shall be utterly void . they will the same , and that from henceforth no such commission be granted to any the nobles to aid all matters as were granted in r. . and further the print touching treason cap. . agreeth with the record . by the motion and means of the archbishop of canterbury every of the lords and commons , upon demand , assented and required , that henry the kings eldest son might be created prince of wales , duke of cornwall , and earl of chester , and further , that he should succeed the king in the realm of england , whom they promised to accept , and obey accordingly . whereupon the king sitting in his royall seat in full parliament , set on a circle on the head of the said henry his eldest son , and gave to him a golden ring on his finger , and put into his hand a rod of gold , and after kissed him , and thereof gave to him a charter , and so created him prince of wales , duke of cornwall , and earl of chester● and thereupon caused him , being so arrayed by the duke of york his uncle , to be brought into the place in parliament appointed for the principalitie . note that all the aforesaid process was done the first wednesday in the parliament . on thursday after , the arch-bishop of canterbury , willed all the lords in no wise to disclose any thing should be spoke : upon which the earl of northumberland demanded of the lords what were best to be done for the life of the late king richard , whom they would by all means to be saved ; the lords severally answered , that it were good safely to keep him in some secret place from all concourse , and that by such sufficient persons , as had not been familiar , or about him . the names of such bishops , lords , and knights , as assented to the imprisonment of king richard. by full consent of all bishops and lords it was agreed , that henry the kings eldest son , should from henceforth be called prince of wales , duke of aquitain and cornwall , earl of chester , and heir apparent of the realm of england . on monday the th . day of october , the king came into the parliament into the great hall of westminster , where by the assent of the bishops and lords , richard late king of england was adjudged to perpetuall prison , as above . on the same monday the commons declared to the king , how that the duke of brittain had sent word , how that he was ready to do the king all that which he ought to do : and therefore prayed that the earldom of richmond being his inheritance , might not be granted away by any letters patents , the which the commons required ; and further , that the letters patents thereof made to the earl of westmerland since the last parliament might be repealed , whereunto the king made answer , that the letters patents were granted long before . the duke of york , and earl of northumberland , and others of the bloud of the arch bishop of canterbury , pray the king , that the same arch bishop might have his recoverie against roger walden , for sundry wastes and spoyls done by the said roger , in the arch-bishoprick aforesaid , whereto the king granted , and thanked them for their motion . the commons on the . of november pray , that forasmuch as they were not made privie to the judgment aforesaid , that no record be made to charge , or to make them parties thereunto ; whereunto the arch-bishop of canterbury by the kings commandment answered , that the commons were only petitioners , and that all judgments appertain to the king , and to the lords , unless it were in statutes , grants , subsidies , or such like , the which order the king wou●d from that time to be observed . the earl of northumberland and constable of england , the day of november in full parliament beseeched the king to purge him , and the earl of westmerland , marshall of england , of the reproch layed on them , that they procured the king to war on scotland : whereupon the king took upon himself the same , and caused the earl of northumberland to ask of every lord his opinion touching the same war , who encouraged the king thereunto . the king by the assent of the lords and commons , enacteth that henry his eldest son should have , and bear the name of duke of lancaster , and be called prince of wales , duke of aquitain , lancaster and cornwall , and earl of chester ; and further that all such liberties and franchizes , as were granted to the duke of the same dutchie , should remain unto his said eldest son , and to his heirs , dukes of lancaster , dissevered from the crown of england , and thereupon delivered one charter thereof made in parliament to his eldest son. the king enacteth by the assent of the lords , that a certain new people disguised in white garments , and pretending great sanctimonie , and coming from beyond the seas , be in no wise suffered to tarrie or harbour within the realm . the king pardoneth and receiveth into his protection richard clifford , then keeper of the privie seal , richard oltford the bishop of sarum , and mr. henry bowell , who were exempted in an . richard . the print touching liveries , cap. . agreeth with the record in effect , but not in form . the commons grant to the king liberty by the advise of such wise men as he should call to him , to moderate , or to repeal the statute of provisors at any time made . it is enacted , that the gold granted in an● . richard . tit. . shall be brought to callice unto the next parliament . it is enacted , that the staple of wooll-fells , skins , lead and tin shall be only at callice , saving that the merchants of ieane , venice , and other places towards the west , being of the kings amity may discharge their merchandize at hampton , and take in such staple ware , saving also the libertie to the men of barwick for their woolls . the commons require , that all liberties granted to any city or town , may be confirmed without any fine with the clause [ licet . ] the chancellor shall confirm the same according as he hath used , paying the fine , saving the liberties of the universities of oxford and cambridg . the city of london prayeth , that the sheriffs of the same may take assizes in the absence of the coroner . upon the taking of the assize in the guild hall of london , if the coroner come not in upon proclamation , let the sheriffs take the assizes , provided that the same be not in derogation of the coroner . upon the petition of sir thomas haxey cleark , the king pardoneth and revoketh the judgment made against him in an . r. . tit . . restoreth him to the bloud , and to the recoverie of all his goods , livings , lands , and tenements . william steward , alias chedder complaineth , that where he by name was presented , and inducted to the parsonage of wotton-underegg , in the county of gloucester , and there continued in possession by the space of four years , untill the king by untrue suggestion presented one sir iohn dowtre to the parsonage o● underegg in the countie where there was no such parsonage called underegg , as the said william pleaded in a quare impedit , brought by the king , upon which writ brought , the king recovereth of the said william , the parsonage of underegg , and not underegg , whereby upon a writ sent to the bishop of worcester the said william was put from his parsonage of underegg , for which mistaking and error , the judgment of the said iohn in full parliament was reversed , and a writ awarded to the said bishop , for the restitution of the said william . sir william richill being in ward , brought into the parliament house before them to answer , by what warrant he took , and certified the confession of the duke of gloucester expressed in the third roll in an . r. . tit . . and . and was thereof apposed by sir walter clopton chief justice by the kings commandment , who answered at the full ; declaring thereby as well sufficient authority , as his sincere dealing therein ; upon the hearing of which every of the lords , thought he did not but justly ; whereupon the said sir walter adjudged , and awarded the said sir william acquitted thereof for ever . . it is enacted , that certain writings , called ragamanes and blanks conteined before tit . . shall be burned . . they grant that all the pardons granted in anno r. . shall be good . . at the request of the commons the king promiseth to be good and gracious to the dutchess of ireland , and other his cosins . petitions of the commons , with their answers . . the print touching the church , great charter , and charter of the forrest cap. . agreeth with the record . . that the lords spirituall , temporall , and justices be not from henceforth received , to say that they durst not for fear of death to say the truth . the king reputeth them all to be just , and that they will give to him no contrary counsell , which if they do , let complaint be made . . the print touching express mention in every letters patents cap. . agreeth with the record . . that all the kings chief officers , may be sworn to shun all bribery , whereof the attainted to loose all he hath . every such officer upon attaint shall be punished for his misdoing , otherwise the statutes made do suffice . . that no part of the lands of the crown be sold , given , or exchanged ; ( and that there be a resuming of these lands mentioned . ) the king will thereof be advised . . that every man may pursue his remedy for all havock , and spoyls made since the kings coming . for spoyls done where the kings host hath been , he taketh advice , to the rest he granteth . . that all men dispossessed of any tenements without process of law , may be restored thereunto , being done since the kings coming in . they are remitted to the common law. . that henry prince of wales may enjoy the realm after the kings decease . the king granteth . . sir thomas haxey clarke is restored as before tit . . . that in consideration of the great plague in the north , it would please the king to lye in the middest of the realm . the king will be advised . . that the king will appoint able captains as well in england as in wales . the king meaneth no less . . the print touching the allowance for sheriffs , cap. . agreeth with the record . . the commons grant to the king that he shall be as free , and enjoy as great liberties , as any his progenitors before him had ; whereupon the king in parliament promised , that he would not turne the same contrary to the laws . . the commons pray the reversall of the judgement given against richard earl of arundell in an. r. . and restitution of thomas the son , and heir of the said richard. the king hath shewed favour to thomas now earl , and to others as doth appear . . the commons pray for the archbishop of canterbury as before tit . . which is granted . . that such records touching the inheritance of the said earl of arundell and surry , late imbezeled , may be searched for , and restored . the king willeth : . they make the like request for thomas earl of warwick his restitution . the king hath shewed favour to him as before . . they require repeale of the parliament made anno r. . with a generall restitution of lands and goods of all such as lost thereby . the king hath been gracious as before , and to the rest he will be advised . . the print touching subsidies for kersies cap. . agreeth with the record . . the like motion and answer as is before tit . . . that the loans which king richard borrowed may be payed . the king thereof will be advised . . the like motion , and answer for victuals , taken for king richard. . the citizens of lincolne pray to be eased of their fee farme being l. by the year , the which they were unable to pay . let them sue to the king who will be gracious . . the burgesses of great yarmouth pray to be eased of desmes , and fifteens , considering their fee farme of l. let them , &c. as before . . the print touching such as be put out without title , cap. . agreeth with the record . . that none presented by the king to any benefice being fallen , shall be received before recovery had by the king. he willeth that prohibition be granted according to the pretence of the statute . . the print touching mills , stankes , &c. cap. . agreeth with the record in effect , but not in forme . . 〈◊〉 of no mans beasts brought to smithfield market , none be taken to the use of the sheriffs of london . the sheriffs of london shall answer to the same article . . it is enacted that all the debts due to king richard be payed to the king. the pardon made by the king to robert tharley receiver of cornewall , for certain debts wherein the king was deceived , is revoked . . it is enacted , that it might be enquired , by whom any the goods , or chattels of the late king richard be imbezelled . . it is enacted , that the esquires , masters of the watch in cheshire , shall for certain moneys received by them of king richard● serve the king for a time at their own costs . it is enacted , that enquirie be made of the concealments of customers , collectors , sheriffs , and escheators . the print touching reciaunts of searchers , cap. . agreeth with the record in effect , but not in forme . that the wives of such as were forejudged of treason , or felonie , and not guilty thereof may be endowed . the common law shall be observed . . the like answer is made for the heirs of such as are fore-judged . . that the attainder of the eldest son , in the life of the father be no bar to the younger . let the common law run . . the like motion and answer as is before tit , . & . . that the fines taken of such as were of the retinue of the duke of gloucester , and the earls of arundell , and vvar. and such like may be repayed . the king will thereof be advised . . the print touching process to be made against men of cheshire cap. . agreeth with the record . the commons of salop require , that enquiries may be made touching great losses by them sustained , by the kings late army there . the king will be advised . . they pray that the king will with the same search , provide some sufficient prison for misdoers . upon information the king will cause the justices of assize to take order therein . . that where two offices be found upon a diem clausit extremum , the one contrary to the other , that the heir found in the fi●st office may have his livery , notwithstanding any contrary mat●e●r the k●ng will have his right , and willeth that the common law be kept . . the print , that no man sh●ll be impeached , for taking part with the king cap. . agreeth with the r●cord . . the c●mmons pray the king that richard earl of oxford , who hath married alice the daughter of king richards s●ster , may be restored to the office of chamberlain of england , being his due inheritance , and taken away by violence by king r. . the king will be advised . . that all grants , and charters made by king r. . to unworthy persons of any thing belonging to the principallitie of wales may be revoked . when the unworthy persons be known their charters shall be repealed . . that all releases made by king r. . to any person for any debt due to the principallitie of wales , dutchie of cornwall , earldome of chester may be repealed . . all releases , unless the same be under the great seal , shall be void . . one article made in anno r . that no person shall attempt to revoke any ordinance then made , is by act of parliament repealed . . the print touching appeals cap. . agreeth with the record 〈◊〉 effect but not in forme . that the k●ng would restore all the justices banished in the eleventh yea● of r. . there named , or their heirs to there b●ood , and hereditaments . the king will thereof be advised . . the print touching the ●ity of london cap. . agreeth with the record in effect , bu● not in forme . . the burgesses of melcomb pray to be released of their f●e farme of eight marks and of desms , and fifteens for six years after the expiration of c●rtain years granted by king r. . they shall have a confirmation according to king richards graunt . . the print touching the free packing of cloaths in london cap. . agreeth with the record . . the print touching r●taylors of victuals in london cap. seventeen agreeth with the record in effect , but not in forme . . it is enacted , that the statutes made in anno e. . for able justices of the peace shall be observed . . that the writs of attaints may be upon all verdicts given before the sheriffs . the common law shall be observed . . that no man do lade in any strange bottome , where able englishmen are ready to serve . the statutes therefore made shall be kept . that no barge , on the river of thames be forfeited as a deodand . it shall be as heretofore . . the print cap. . touching sales of lands made anno r. . agreeth with the record in effect , but not in forme . . the print touching the generall pardon cap. . agreeth in effect with the record , but not in forme . . robert of werkesley of lancaster complaineth of nicholas of werkesley and others , for that by the action of conspiracie of the said nicholas , the said robert was imprisoned in the tower of london . the kings councell shall take order therein . . a large complaint against certain disturbers of the peace . let more speciall information be made to the king , and councell . . that all wapentakes , and hundreds let forth to farme , may be revoked . sundry statutes are made therefore . . that the king may onely have two tuns of wine , of every ship of wine coming into any port , in the name of a prize . i● shall be as heretofore . . that all personall actions between partie and partie , may onely be tryed by order of the common law , and not otherwise . the statutes therefore provided shall be observed . the pleas of the crown , holden in the parliament at westminster , the mond●y in the f●ast of saint f●ith , in the first year of henry th . the commons do pray the lords appellants in an o . r. . for their acts done , may be called to answer , and the records were brought and read in parliament , in the presence of of edward d●ke of albemarle , thomas d●ke of surrey , iohn duke of exeter , iohn ma●q●ess do●set , iohn earl of salisbury , and thomas earl of gloucester . the duke of albemarle answereth , that he was no contrive● of the same appe●l , and what he therein did , was at the kings commandment , and for fear of the contrary . touching the kings exile , and revocation of his patent , the same was against his will , as he calleth certain lords to witness the same , he also excuseth h●mself for being of councell , or of any privacie touching the death of the duke of gloucester . the duke of surrey prayeth the king to weigh his tender age , and small reputation at the time of the appeal made : and further saith in all points as the d●ke of albemerle , all which he offereth to approve , as the king should award . p●e duke of exeter●ffirmeth ●ffirmeth the like as next above , only touching the death of the duke of gloucester , he saith , that he heard king richard say that he should be sl●in . the marquess dorset●ffirmed ●ffirmed as next before , only he maketh no mention of the duke o● gloucester . the earl of salisbury excuseth the appeal by him among the rest done for fear of his life , and for that he was accused by the duke of norff. that he should have mean● to have slain the duke of lancaster the kings father , albeit he was ready by an order of the king to disprove the same , yet for that he did not offer to acquit himself thereof , he asketh pardon of the same . the earl of gloucester●ffirmeth ●ffirmeth as the duke of albemerle . the consultation of the king in the parliament touching the nobles aforesaid . the king and lords adjudg , that the said dukes , marques , and earls , should loose their names and titles of dukes marquess , and earls , and all the worship thereto belonging : and that they should forfeit all the lands and goods which they or any of them had given them at the death of the said duke of gloucester , or at any time since : and if that they or any of them should adhere to the quarrell , or person of king richard lately deposed , that then the same should be tre●son , the which judgment was given by sir william thurning , ch●ef justice of the kings bench , by the kings commandmen● . one iohn hall a servant of the d●ke of norff being examined b● walter clopton chief just●ce in full parliament , con●esseth upon his oa●h , that in the moneth of september an . r. . the duke of no●ff●●●a●ged ●●●a●ged the said iohn among other to murder the duke of glou●ester , then being present one iohn col●ox an esquire of the said d●ke of no●ff the which iohn and iohn then being at callice went to our 〈◊〉 church , where they found william hempsley e●quire as aforesaid . br●dshaw esquire as aforesaid , william servadlet of the chamber of ●he late king richard francis vadlett of the chamber of the d●ke of albemerle , william rogers , william dennice , and cockle of the servants to the said duke of norff all whom were sworn upon the body of christ , before one s●● william chaplin of st. georges in the church of our lady , that they should not disclose the said fact or murder . after which oath made , they altogether went with the duke of norff. towards the house called the princes ●●ne , wherein when they were come , the said d●ke of norff. caused the persons afo●esaid to enter into a lodging within the same house , and so departed . after wh●ch iohn lowtofte with sundrie other esquires , brought the duke of gloucester , and delivered him to the said searl● and francis in an inner parlour , and said , there is searl , and francis ; whereupon the d●ke of gloucester said , now i see i shall do well , and so asked searl how the king did ? who said well : and sent to him commendations , and so the said iohn lowtofte departed . whereupon the said searl and francis took the said duke of gloucester in o●●n upper chamber , saying , that they would speak with him : unto whom when they were come there , they said , that the kings will was , that he should be slain : the duke answered thereto , if it be so , it is welcom● ; searl and francis willed the duke to take a ch●plain , whom the duke there took , and was confessed . after which confession they caused the duke to lye upon a bed , upon whom so lying , the said searl & francis threw a feather-bed , the sides whereof the said wil●iam rogers , dennis , and cockle of the chamber held , and searl and francis lay on the mouth of the said duke untill he was de●d ; col●ox , hampsley , and bradstone sat that night by the duke on their knees , weeping , and praying for the soul of the said duke , and hall this examinee kept the dore untill the duke was slain . after the death of which duke , the duke of norff came in , and seeing him dead said , it were a great matter to have the said duke living again . . by whose confession it seemed to the lords , that he the said iohn hall had deserved a grievous death , whereupon they adjudged by the assent of the king , that the same hall should be drawn from tower-hill to tiburn , his bowels to be burned before him , his body to be hanged , headed , and quartered , and his head to be sent and set upon callice , and his quarters at the kings pleasure ; and the marshall the same day did execution accordingly , the which was done on tuesday the th . of november . on wednesday the twenty ninth day of november , the commons require the arrest and judgment made against william le scroope , henry green , and iohn basset knights , might be affirmed in full parliament . sir richard le scroope prayed the king that nothing might be done in disinheriting of him , or of his children , considering the same william was his son : they asked whether it were lawfully done ? sir richard a●swered , that the judgment was lawfull , whereto the king said , that he would have all the lands of the persons aforesaid to him forfeited by way of conquest , as those who were chief dooers of the parliament of the twenty first of richard second . anno primo henrici quarti . rex &c. charissimo filio suo henrico principi walliae , & duci cornubiae , &c. apud eborum die mercurii ante fes●um omnium sanctorum , &c. teste rege apud westm. decimo nono die septemb. edro. duci eborum . edro . com. rutland .. iohi. com. somerset . tho. de bello campo com. war. edro . courtney com. devon. hen. de percie com. northumb. tho. com arundell . edro com stafford . michael de la poole com. suff. tho. percie com. wigor . rado nevill com. westmerland . tho. camois . barth . bourchler . iohi. de cherleton . mro . tho. de la war. stephano le scroope de masham . willelm . de roos de hamelake . willo . heron chlr. hen. fitz hugh . will. de ferrariis de groby . tho. de morley . ric. de scroope . hugoni burnell . tho. berkley de berkley . iohi. de welles . tho. le dispencer . almarico de st. amando . rado de cromwell . rado baroni de graystock . rob. de harrington . iohi. darcey . waltero fitz-walter . will. de willoughby . iohi. cobham chlr. will. de dacre . ioh. nevill de halmshyre . rico. seymore . will. beauchamp de burgaveny . tho. lovell de fishmerch . rico. gray de codonore . reg. gray de ruthin . tho. bardolf de wermegey . roberto de scales . petro de malo lacu . willo . zouch de harringworth . anno secundo henrici quarti . rex &c. charissin o filio suo henrico principi walliae , & duci cornubiae , &c. apud westm. octavis de hillarii &c. teste rege apud westm-tertio die octobris . numerus nobilium & ordo idem quod in prox . praecedenti & tho ●rping erat tunc custos quinque portuum . edro. duci eborum . edro . com. rutland . iohi. com. dorset . tho. de bello-campo com. war. edro . courtney com. devon. hen de percie com. northumb. tho. com arundell . edro com. stafford . michael de la poole com. suff. tho. percie com. ●igor . rado nevill com. westmerland . tho. camois . barth . bourchier . iohi. de cherleton de powis . willo . de clinton . mro . tho. de la war. stephano scroope de masham . willelm . roos de hamelake . willo . heron chlr. hen. fitz-hugh . will. de ferrariis de groby . tho. de morley . ric. de scroope . hugoni burnell . tho. berkley de berkley . iohi. de welles . phillippo le dispencer . almarico de st. amando . rado de cromwell . roberto baroni de graystock . rob. de harrington . iohi. dacre . waltero fitz-walter . will. de willoughby . iohi. cobham chlr. will. dacre . ioh. nevill de halmshyre . rico. seymore . will. beauchamp de burgaveny . tho. nevill de fishmerch . rico. gray de codonore . reg. gray de ruthin . tho. bardolf de wermegey . roberto de scales . petro de malo lacu . willo . zouch de harringworth . tho. de erpingham custodi quinque portuum . the parliament holden at westminster , in the utaves of saint h●llarie , in the second year of king henry the fourth . on the same thursday being the th . day of ian. the knights and burgesses were called into the chancery within westminster hall before the chancellor , and the steward of the kings house by name , upon whose appearance the parliament was continued untill friday following , and so appointed by the chancellor on the kings behalf . the same friday sir william thurning chief justice of the common pleas , by the kings commandment declared , that the parliament was called , to the end that the holy church , and all other persons and corporations should enjoy their liberties , that all good laws should be executed , and justice truely ministred , and that nothing should be done in derogation of the common law. he then rehearsed at what great charges the king had been at , namely about his coronation , for the suppression of the late rebellion attempted by certain nobles : his voyage towards the scots , and touching the resisting of the rebellion in the north wales , all which adventures he attempted in his own proper person ; he further sheweth how the king was bound to return the queen into france , with all such jewels and habilities as king richard had with here in marriage ; he remembreth the charges for keeping of callice , and other the kings fortresses , and especially the dutchie of guienne , being annexed to the crown , for the which , war was likely to ensue , in that the french king had created his eldest son duke of guienne , and for the wars in scotland and ireland ; for which great charges the lords and commons were to consult , considering the great importance , and so willed the commons to choose , and the next day to presentt , heir speaker . receivers of petitions for england , ireland , wales , and scotland . receivers of petitions for gascoin , and other places beyond the seas , and of the isles . triars of petitions for england , &c. as above . tryars of petitions for gascoin &c. as above . the saturday the . of ianuary , the commons presented unto the king sir arnold savage for their speaker , who made the common protestation for himself and the commons , the which was granted and enrolled . after which the same sir arnold in few words of his authority declared before the king and lords , the cause pronounced by sir william thurming : the lords and commons granted to the king one desme and a fifteen , two shillings of every tun of wine , and d. of every pound of merchandize . on tuesday the th . of ianuary , the commons in full parliament gave to the king most heartie thanks , touching his promise for the maintenance of the catholique faith. they the same day require the king that he would not give an eare to any flearing and untrue reports of the commons - house , untill the end might try the same , whereunto the king granted . the same day the commons declare to the king , how that to every good government three things belonged , viz. wisdome , prowis , manhood , and riches , all which they affirme to be in the king and his nobles as the world knew , and that they approved , for that the hearts and good wills of the subjects ( which the king had ) was the riches of the king : wherefore with certain reasons they perswaded the king not to agree to the challenges which the french had made to the king and his nobles , which the king promiseth not to attempt without their advices , and giveth them thanks for their tender good wills towards them . on monday the last of ianuary , the commons by mouth require certain petitions of the king , the which the king willeth to put in writing , and promiseth answer . on wednesday being the th . of february , the bishop of norwich came to the parliament , whom the king caused to be placed in his accustomed place ; after which the king spake to sir thomas de erpingham his vice-chamberlain , then being between the duke of york and the earl of warr. who sat then there in their places , and said , that he took the accusations of the said thomas , against the said bishop to be good , and to proceed of great zeal born unto him : the king notwithstandig considering the order of the said bishop , and that he was of the kings lineage , and further , of his better behaviour , the king had pardoned the said bishop all his misprisions done against his person , the bishops all therefore gave thanks to the king in open parliament , to make the said bishop , and the said sir thomas to shake hands , and to kiss each other in token of amitie . the commons the . of february pray the king to execute the ordinance of king richard the second upon the conquest of wales , viz. that no welchman born should bear any office there , &c. the king promiseth to send for them , and to cause execution . the same day the commons require the king , that he would according to the use and laws of the realm , seize into his hands the houses and lands of all priors , aliens , and donatives during the wars . . the king requireth advice , and promised therein to do as the bishops , and lords should will him to do . . the same day upon the like motion , the king revoketh all annuities granted out of the custome of wools. . on saturday the . of february the commons before the king made sundry requests , and among them brought in their assent touching the bill for the order of cisteaux , which the arch-bishop of canterbury brought to them before ; saying , that the king , and the lords had agreed thereto according , as it doth hereafter appear . . at the same time they require the king to commit the charge of the wool weighing , king richards inventory of his goods , which the treasurers had to them delivered , to some such persons as might make due enquirie thereof to the discharge of the commons . . they also require , that all the matters of the same parliament might be ingrossed before the departure of the justices . it was answered , that the clarke of the parliament was appointed to do his best indeavour therein . . they also require two certain commissions late sent to cities , and towns for the making of certain boats , and ballengers being done without assent of parliament may be repealed : it is considered that after conference with the lords thereon reasonable answer should be made . . at the same time , the commons declare : that it was not the use , that they should grant any subsidie , before they had answer to there petitions , and pray the observation thereof from thenceforth . the king therein requireth conference with the lords ; and at the last day of the parliament it was answered , that there was never any such use seen , but that the commons should first make an end of all other things , the which order the king meant not to alter . . the same day the commons require of the king that sir william bagot , who was impeached of grievous facts , and thereof acquitted ; might be restored to all his lands . the king answered that as he allowed the pardon of the same sir william , so would he otherwise shew him justice . . the print touching express mention in letters patents cap. . agreeth with the record . . the commons on wednesday the second of march do agree to the power granted to the king , for the moderation of the statute touching provisors in the last parliament ; beseeching the king that the same may not licence any cardinall , or stranger to enjoy any benefice within the realme . . they then also pray the king , that in the same moderation he would consider the painfull service of master richard clifford the keeper of the privy seal . the king the same promised . . they also therein require the king to have consideration of the universities of oxford , and cambridge . . the same day was a vvrit sent to the sheriffs of london , for the burning of william sawtre a clarke , convicted of the clergie , and by them appointed and brought to be burned . . the lords temporall by the assent of the king , adjudged thomas holland late earl of kent , iohn holland late earl of huntington , iohn mountague late earl of salisbury , thomas le despencer , and ra●ph lumley knight , and divers others of england , who were for their rebellions , and treasons by certain of the kings subjects taken , and beheaded , to be traytors ; and that they forfeit all such lands , as they had in fee the fifth of ianuary in the first of this king , or at any time after , together with all their goods , and chattels . . the names of such lords , and others as were at the same judgement . . on wednesday the fifth of march , the commons coming before the king shew , how that the states of the realm might be well resembled to the trinity , viz. the king the bishops , and the lords , and commons , wherein ought to be unitie , and therefore prayed the king to appease the earl of rutland , and the lord fitz-walter , both of whom kneeling submitted themselves to the kings order , who promised an order . . the same day the commons first and the lords after pray , the king in consideration of the earls of rutland , and somerset in the rebellions , tryed to admit them to their goods , names , and liberties , and to his favour as fully as any other lords , notwithstanding the judgement made against them primo regis . the which with thanks for their motion the king then doth . . the commons do grant , that after a year , and six months , the king may reenter upon any of the farmers for non payment of his rent , except for the fee farmes of lordships , cities and towns , and that from thenceforth the king may make express mention thereof . . the commons pray the king that sir richard clifford keeper of the privy seal , might enjoy the bishoprick of bath and wells , whereto he was commended by the popes bull , notwithstanding the statute of provisors . the king answered , that could not be so , for as much as master henry bonnett was elected thereunto by the laws of the realm , but otherwise he would remember the same sir richard in another time . . at the request of the commons it was enacted by the king , that dame philip , late the wife of robert de vere duke of ireland , shall enjoy for her dower all the lands , as she then had during the minoritie of the heir of auberie de vere late earl of oxford , so as if the said heir at his full age doe confirme her estate , that then she should have all the hereditaments of the said robert , otherwise to forfeit the same ; and that the said philip should then have her part during her life as of the kings gift . . upon the petitions of sir ralph holt , and sir william de burgh , the king restoreth them to their blood , and to all their hereditaments , being in the kings possession , or reversion , notwithstanding any judgement given against them in anno r. . . the record , and process given in the kings bench against edmond basset for certain lands expressed in r. . tit . . was brought into the parliament , and are annexed to this record , whereupon the judgement in the kings bench , for certain errors was reversed , and restitution of the premises , with the main profits restored to the said edmond . . upon the petition of iohn son and heir of roger de burley , the cosin and heir of sir simon de burley knight , the king revoketh the judgement made against simon in anno r. . and restoreth the same iohn to his blood , saving that the last will of king e. . may be performed touching the abbey of our lady of grace next the tower of london , the free chappels of st. stephens , and the fryers preachers of london . vide . . h. . . . upon the like petition of the prior of newport pannell as before was granted as scire facias returnable in the next parliament . . the print touching the order of cisteaux cap. . agreeth with the record in effect , though not in forme . . the print touching provisions from rome cap. . agreeth as before . . the king upon petition of the mayor , and merchants of the staple of callice , revoketh certain particular licences granted to the merchants of new castle upon tyme , for transporting of staple vvare to other places than to callice . . the commons require the king , to help to pacifie the schism of the church , which had of long time continued , so as the same might be no charge to the realm ; the lords require the same . the king answered , the bishops shall consider the same . . on thursday the tenth of march , the commons require that the article touching the moderation made at the last parliament , concerning the act of provision may be examined , for as much as the time was recorded otherwise than was agreed . the king granteth thereunto , by protestation , that the same should be no example . and upon examination the bishops , and lords affirmed the same to be duly done , the which the king then called to remembrance . . the same thursday being the last day of the parliament , the commons kneeling before the king , beseech the king to pardon them , if happily they should through ignorance offend . the king granted . . the commons assemble unto mass , where the archbishop read the epistle , and gospell , the king did the sacrifice by promising to maintain the churches faith , and they were come to say , ite , missa est , & deo gratias ; they offer their granted subsidie aforesaid , for which the king giveth them thanks , and the chancellor willeth them to depart . . the print touching the converting , or punishing of such as hold any erronious opinion cap. . far swerveth from the record , and not onely in forme , but much more in matter also to maintain tyranny ; then in the record , which note well . and note that this was the first statute , and butcherly knife , that the impeaching prelates procured , or had against the poor preachers of christ gospell . petitions of the commons , with their answers . . the print touching the liberties of the church cap. . agreeth with the record . . that all such as procure from rome any pluralitie , or non-residence do incur the pain of provisors , except the chaplains of the king , of the arch-bishops , or bishops , and except schollers , and that such as then had any of the said bulls , do cancell them on the like pain . to which the king answered , that he would provide remedy therefore . . that no appropriation of benefices be , on the like pain . the king will be thereof advised . . the print cap. . touching provision from rome , doth more properly belong to this title , than to the title before . . the print touching carrying of money cap. . for the act agreeth with the record , and for the rehearsall of the same act is no mention made , quod nota . . the print touching the marshall cap. . agreeth with the record in effect , but not in forme . , that the fees of all marshals in every of the kings courts , and of the warden of the fleet may be certainly appointed upon forfeiture . the king hath appointed his councell , the chancellor , and justices to take order therein . , it is enacted , that all priors , aliens , who have houses , and sing daily service be discharged of their farmes to the king , saving to bishops their jurisdictions . . the commons pray that all sheriffs being overcharged be eased thereof . the sheriffs of essex , hereford , surrey , and sussex , and others who have cause to complain shall have remedy before the councell . . that no protection be granted to any person of religion . the protections with the clause volumus , to them granted , shall be revoked , and they onely shall have such protections granted as in the time of e. . . that no consultation be granted to any person , clayming the tithe of wood , which passeth the age of twenty one years . it shall be as heretofore . . that no person be arrested , or imprisoned contrary to the forme of the great charter . the statutes , and common laws shall be kept . . the print touching strange coyns cap. . agreeth with the record . . upon the request of the commons , the king promiseth , that he will not from henceforth dispence with the statute of provision to benefices . . that no man be kept from justice by any writ , or other means obtained from the king by sundry suggestions , on pain of twenty pound to the obtainer of the same . the statutes therefore provided shall be kept , and who pursueth to the contrary shall incur the pain aforesaid . . that where two offices be found , proving severall titles for the king , and livery , or ouster le mayne , is sued on the first , that he who sueth such liverie , or ouster le mayne be not put forth , but a scire facias awarded against him to know what he can say . the statutes , and laws therefore provided shall be kept . . that the justices to take nisi prius ; may have power to give judgement forth with after verdict found before them , not tarrying the day of the returne of the nisi prius . it shall be as heretofore it hath been . . the print touching non-suit of the plaintiff cap. . agreeth with the record . . that the justices of assize , and nisi prius may have power to have deeds acknowledged before them , and to enroll them . it shall be as heretofore it hath been . . that no vvrits be sued out of the chancery , or exchecquer to any man to appear at a day upon paine . such vvrits shall not be granted without necessity . . that the capias , and exigent may be in writs of annuitie , detinue , and covenant . the statutes therefore provided shall be observed . . that in all personall actions , or writs , wherein any man cometh to distress , being brought against sundry persons , such of them as first cometh in , may have idem dies untill they all appear , and not to be suffered to fourch by essoyns . the old law shall be observed . . the print touching the office of the chirographer cap. . agreeth with the record in effect , but not in forme . . the print touching commissions of king richard cap. . agreeth with the record in effect , but not in forme . . the print touching the clarke of the crown cap. . agreeth ut supra . . the print touching the admirall cap. . agreeth ut supra . . the commons of the county of hereford complain against the incroachment and sundry extortions of the officers of the forrest of ewias , and pray redress and perambulation . upon the search and sight of the perambulation taken in the time of e. . order shall be therein taken . . the print touching welchmen cap. . agreeth with the record in effect , but not in forme . . the print touching the pardon of king richard cap. . agreeth ut supra . . they require that the statutes made in annis & r. . touching the power of the constable and marshall , may be executed ; and further require a more streightning of their wilfull power , so as men might be duly tryed according to the laws of the realm . that statutes therefore provided shall be observed . . the print touching purveyors cap. . agreeth with the record . . it is enacted , that such persons as be taken , or imprisoned for lollerie , may be taken forthwith to their answer . . the like motion and answer is made touching the extortion of the sheriffs of londons officers in smithfield , as in the last parliament . . that remedy may be had against parsons clayming tithes of meadows , or wasts newly sowen . let him sue that is especially grieved . . it is enacted , that if any welchman shall arrest any englishmans goods , or chattels in wales without cause , or take them out of the marches into wales , and that the steward , or other officer of such place , or libertie in wales do not deliver the same goods or chattels to the party grieved within seven days after the means to him , or them made , that then it shall be lawfull to those englishmen to arrest such vvelchmens goods of such place , or libertie as shall come into england . the print cap. . agreeth with this . . that all traverses of office , and scire facias going out of the chancery may be tryed in the kings bench , or common place . the chancellor by vertue of his place may grant the same . . that the vvrits of supersedeas omnino , being onely delay to the party may no more be granted . it shall be as it hath been . . that all estanks , kiddells , wears , and mills raised upon rivers to annoyance , at what time soever , may be removed . the statutes therefore provided shall be observed . . that all protections granted in certain particular cases there recited may be revoked . the protections obtained by undue means shall be revoked as heretofore . . they complaine , and request that the jurisdictions of the courts of marshalsea and admiralty , may be certainly lymited . the statutes therefore provided shall be observed . . the commons of salop , hereford , stafford , complain for that the towns of gloucester , and worcester , levyed taxes for their victuals , brought upon the river of severne against their old custome . the king forbiddeth all extortions to be used . . that the lords marchers upon wales be charged to bring forth such principall doers , as were in the late treasons , and rebellions of wales , which are under their jurisdiction . the king will save his own rights , and do right to others . . that no pardon be granted unto rebellious vvelchmen , untill they have made satisfaction unto the kings subjects of their losses sustained . the king will enjoy his prerogative . . the print touching vvelchmen cap. . & . agreeth with the record in effect , but not in forme . . it is enacted , that all such englishmen as shall take , or receive any vvelchman to be his tenant , shall take of him sufficient sureties for his good demeanour . . the print touching welchmen cap. . & . agreeth with the record . . that the jurisdiction of the constable of dover , may be certainly limited , so as they hold plea of no matters done out of the same castle , the land belonging thereunto . the said castle shall enjoy their liberties duly used . . they complain against the undue taking of wines by the kings butler in the name of prizes , as in the last parliament . it shall continue as heretofore , saving the kings right . . the print touching the wearing of liveries cap. . agreeth with the record . . that the writs out of the exchecquer , datum est nobis intelligi , may no further be levyed . the accustomed use shall continue . . that in all actions personall sued to the exigent , the attorney of the plaintiff may be sworn before the exigent go forth , that the contract , or trespass was done , or made in the same county . there is sufficient remedy provided by the law to meet with the falsehood of attornys . . that every man may as well be received in the exchecquer to averre , that sheriffs , and bayliffs might have returned issues as in other courts . the barons of the exchecquer are charged to do right . . the print for repeal of a branch of a statute made r. . swerveth from the record cap. . . that the king do not grant away any lands , or yearly profits , which may be by him kept , without the advice of his councell . the king will be advised saving his libertie . . it is enacted , that no penall law nor statute made in this parliament shall take effect before pentecost then ensuing . anno tertio henrici quarti . rex hen. principi walliae , &c. apud westm. die lunae post purificationem beatae mariae . teste rege apud westm. . die decembris . edro. duci eborum . ioh. com. somerset . edro . courtney com. devon. hen. pereie com. northumb. tho. com arundell . edo . com. staff. michael de la poole com. suff. tho. de percie com. wigor . rado nevill com. westmerland . tho. camois . barth . bourchier . edro . de cherleton de powis . willo . de clinton . mro . tho. de la war. stephano de scroope de masham . willelm . roos de hamelake . willo . heron chlr. hen. fitz-hugh . will. de ferrariis de groby . tho. de morley . ric. de scroope . hugoni burnell . tho. berkley de berkley . iohi. de welles . almarico de st. amando . rado de cromwell . rado baroni de graystock . rado harrington . iohi. darcie . waltero fitz-walter . will. de willoughby . iohi. cobham chlr. will. de dacre . tho. nevill de halmshyre . will. beauchamp de burgaveny . ioh. lovell de fishmerch . reg. gray de ruthin . tho. bardolf de wermegey . petro de malo lacu . willo . la zouch de harringworth . tho. erpingham custodi quinque portuum . anno quarto henrici quarti . the parliament holden at westm. the morrow after saint michael in the fourth yeer of king henr. the fourth . on saturday the morrow after saint michael , the knights and burgesses were called by name in the chancery within westminster hall before the chancellor and others of the kings councell , and from thence adjourned untill monday after . on monday the second of october , the chancellor in the presence of the king declared the cause of the parliament before the lords and commons , that it was the kings will , that the holy church , and all persons , and corporations shall enjoy their liberties . he then taketh for his theam pax multa diligentibus legem : wherein he much commended peace , and the commodities thereof ; peace is unto such as obey laws , contrarily he sheweth the gall of dissention and disobedience , and the mischief ensuing the same , and that for want of reasonable peace , war was the remedie : he declared that by dissention and private discord , the flower of all chevalrie , the stock of nobles within this realm was in manner lately consumed , and the whole realm in like sort subverted , had not god as a mean raised the king. he remembreth the late great victory given the king against the scots : and further lamenteth the great schisme in the church , by having two popes , and uttereth that the king meaneth the appeasing thereof for his part : wherein how the wars of scotland might be maintained , the enemies of wales utterly subjected , the irishmen wholly conquered , and the prince there stayed . how also guienne , callice , and the marches thereof might be defended , they were to consult , for the well beginning whereof , he willed the commons to chose their speaker , and to present him the next day . receivers of petitions for england , ireland , wales , and scotland . receivers of petitions for gascoin , and other places beyond the seas , and of the isles tryars of petitions for england , &c. as above . tryars of petitions for gascoin , &c. as above . on tuesday the third of october , the commons presented unto the king sir henry de redford for their speaker , who making the common protestation , had the same granted . on tuesday the th . of october , the chancellor declared unto the king , how the commons desired of the king to have certain of the lords with whom they might confer , the king did grant thereto , with this protestation , that the same was done of favour , and no duty ; the which protestation was entred by the cleark , after the which , the king sent the steward of his house , and his secretary , to declare the same to the commons , who did so , and returned answer to the king , according to his protestation . the names of the lords sent , being four bishops , four earls , and four barons . the th . day of october , the commons in full parliament , gave to the king most humble thanks for his sundrie valiant exploits , and namely for his last voyage into scotland , and for his three severall journeys into wales , since that time , wherein they commend the princes dexteritie , and forgot not the worthy prowis of the lord thomas the kings second son in ireland : and for his victory in scotland ; they require that by pollicie that may turn to the commons tranquility : and for the earl of northumberlands travell in the same discomfeiture , they require the king to give him thanks . the same day they require the king , that where the lord gray de ruthin lay do-lorou●sley a prisoner in wales for the ransome of marks , that therefore the lord roos and willoughby , and other of his parents & alyes might make shift for the same fine , without any impeachment , the king granteth thereto , and promiseth his , help , for that he knew the same lord gray to be a royall and valliant knight . on fryday the th . of october , the king being in his royall seat , the earl of northumberland and other lords brought before him sir mardock le steward , the son and heir of the duke of albain the scotish kings brother , sir william grave , the lord mountgomerie , and sir adam foster scots , sir iames de helsey , sir peirce hazars , and iohn darney esq french , who with others were taken in the battail of humbledon hill nigh woollord in the countie of northumberland , on the day of the exaltation of the cross next before . these prisoners in coming to the kings presence kneeled three times in humble wise : first , at the whitehall gate of the kings pallace , then in the middest of the same hall : and thirdly , before the kings presence sitting in his royall seat of all whom still kneeling the said sir adam foster , for and in the name of them all , humbly prayed the king , that they might be entertained according to the course of war ; the king for that they were valliantly taken in the field granted thereunto . the same sir adam declareth , that for the stay of christian bloud it was now in the kings hands to have either a finall peace or league ; the king thereupon touching him of flatterie and untruth , and namely by causing the king , by trusting upon his word to have avoided the realm of scotland , answered that he meant therein to be wiser . sir adam thereof asked pardon , they then are committed to the steward of the kings house to abide his pleasure . whereas king richard had delivered by sir iohn ikclington one of his chaplains , to the valew of xxviii . marks , besides other jewels to great valew , to the end that upon certain tokens between them known , the same sir iohn should dispose the same , a great part whereof the same sir iohn before this kings coming had done away , and the rest had delivered to this king ; the king by the parliament pardoneth to the said sir iohn all accompts . on monday the th . of november , the commons prayed the king to consider the loyaltie of the earl of somerset , and to restore him to the name and honour of marquess , which he lately lost . the king requireth advise , the earl thereupon said , that the same name of marquess was strange , wherefore he meant he would not take the same upon him . thomas pomery knight , and ioane his wife complaineth , that iohn the son and heir of sir phillip courtney , & ioan the late wife of sir iames chadley knight deceased , had forcibly by the maintenance of the said phillip entred into the mannours of clifton , aisconne , shaple hilion , kakesbred , affellon , and into certain lands in exeter , in the countie of devon. and in the mannour of westwidmouth in cornewall being the inheritance of the said thomas pomery , and praying remedy . upon the examination whereof it was adjudged by the king and lords , that the said thomas should enter , if his entrie were lawfull , or else to have his assize without all delayes , to be tryed with more favour at the election of the said thomas . the abbot of meniham in devon. complaineth against the said sir phillip for imprisoning him the said abbot with two of his monks with great force . sir phillip being demanded thereof in full parliament could make no good justification : wherefore it was adjudged that he should not have to do with the abbot , his monks or any of their things , but he should be bound to his good behaviour , and for the contempt was committed to the tower. upon the petition of nicholas pontington , son and heir of thomas pontington , in the countie of devon. against the said sir phillip , for dispossessing with force the said nicholas of the mannor of bikeleigh in the said countie ; upon the hearing of which matter it was adjudged that the releasee of one thomas pontington , parson of bikeleigh , made to the said sir phillip , and anne his wife , in an assize brought by the said nicholas against them , shall only plead in bar , that the said nicholas was a bastard , wherein if it were found that the said nicholas was a mulier , then the said nicholas should recover . the revocation which the king made of certain lycenses of provision for rome , by the pope there , are recited and confirm'd by parliament . it is enacted by the king , lords , and commons , that all prior aliens with their lands , except such as be conventuall , shall be seized into the kings hand , to be disposed at his pleasure . it is enacted upon the petitions of the merchants of ieane , that those merchants might unlode their said merchandize at southampton , and from thence carry the same by water to london , without paying at london any custome called seawage , provided that those merchants do bring testimonialls from the customers of southampton . at the petition of iohn holt , and william bourgh , the king restoreth them to all their lands and tenements forfeited by an● . r. . the prior of newport pannell assigneth five points of errour to be in the judgment which was given against him in an● r. . tit . for the dean and chapter of lichfield , the which prior hath day unto the next parliament . george of dunbar , earl of march , by being the kings leige now prayeth that he may be restored to all such his lands there , as the english shall at any time conquer or obtain , and that all such his tenants and souldiers as will become english may be in the kings protection , the which the king granteth , so as they be sworn . the th . day of november , the commons by the assent of the bishops and lords , granted to the king the subsidy of woolls , wooll fells , and skins , for three years s. of every tun of wine , d. of every pound of merchandize , one desme , and one fifteen , after which grant , the lords and commons prayed the king for the delivery of sir phillip courtney out of the tower , the which the king granted , so as he found good sureties for his good behaviour ; all which being thus done , the earl of northumberland in the absence of the kings steward , required all the lords and commons to dine with the king the next day : and so the councell willed the knights and burgesses to sue forth their writs the parliament the same day ended . petitions of the commons , with their answers . the print touching the liberties of the church , cap. . agreeth with the record . the print touching the clergie , cap. . & . somewhat swerveth from the record , having in one place too much , viz. [ apprelles ] and in another too little , viz. to the ordinary , which note . the print touching the kings gifts , cap. . agreeth with the record . that all sheriffs upon their oaths may be discharged in the exchecquer . such as be grieved shall find remedie at the hands of the councell , and barons of the exchecquer . the print touching sheriffs , cap. . agreeth with the record . the print touching shoomakers , cap. . agreeth with the record . it is enacted that from henceforth the chirographer shall be a man of ability and knowledg , who shall in proper person continue in the said office alwaies , without letting the same to farm , or to occupie the same by deputy , or otherwise . the print touching the sealing of cloaths in london , cap. . agreeth with the record in effect , but not in form . that damages in accompt may be awarded to the plantiff . the old law shall continue . the statute for avoiding , forging by executors may keep place against a woman executrix who takes a husband . as next above . that there may no more be taken for weighing in any place of the realm for any aver-depoiz than in london . the councell by authority of parliament shall take order therein . the print touching desmes , cap. . agreeth with the record in effect , but not in form . that every executor for any release made by any his co-executors shall recover by accompt against them to the valew of the things released . it shall be as heretofore . the burgesses of lewis require , that the weighing of woolls may be at lewis , and chichester for the countie of sussex . the print touching forcible entries , cap. . agreeth with the record in effect , but not in form . the print touching power in the chancellor for commissions , cap. . agreeth with the record in effect , but not in form . that the statute made touching kersies and cogware , may tinue during the kings time . the king hereof will be advised . the print touching halfpence , cap. . agreeth with the record . that the statutes made in the th . and th . of r. . touching the admirall in all his judgments , to do according to the common laws may be kept . if the admirall , constable , or marshall do against law , the councell by parliament authority to them granted may redress , or remit the same to the common-law . . this title agreeth with the . before . that the chief justice of the king be justice in no other place . as heretofore , it shall be . the title touching exceptions to villanage to little purpose . the print touching kiddles in the thames , cap. . agreeth with the record in effect , but not in full form . the print touching appropriation of benefices , cap. . agreeth as next before . the major and aldermen of callice , require the king to grant unto them the assize of wine , ale , and beer , and bread , within the jurisdiction of the same citie called le eskenage , as they then by grant enjoyed the same within the same citie . let them sue to the king , who will advise , and consider the same . they require that they may enjoy the hospitall of st. nicholas in callice called gods house , with all the lands thereto belonging : the which was founded by the bayliffs , coremains , and esterins of the said town . as next before . that the statute made in the first year of the king , touching the staple at callice , may be observed . the king granteth except worsteeds , and other cloaths , herring , and the patent granted to the men of berwick in the first year of the king. the print that none shall be enforced to goe out of their counties , cap. . agreeth with the record . that the statute made an . e. . touching the wages of captains may continue . the king by advise will take order therein . that every parson may dwel and keep hospitality on his benefice , or else to incurre the pain of the statute of provisors . the king hath charged the bishops to to take order herein by the next parliament . it is enacted that all the statutes made for labourers , shall be observed , and that if any man do retain any one to be an apprentice contrary to the form of the statute of . r. . cap. . being willed first to serve at husbandrie , that reteynor shall forfeit ten pounds . the print touching labourers , cap. . agreeth with the record . the print touching merchants , cap. . agreeth with the record . the print touching fryers , cap. . agreeth with the record . that the admirall and his lieutenant do sit to keep their courts , in no libertie or town , but only upon the sea-coasts , or arms of the sea , and that every plea before them may be determined in one place without adjournment . the statutes and usages heretofore made shall be observed . that no person whatsoever have any dove-house in any town , unless they may dispend s. yearly in the same town , on pain of l. the king will be hereof advised . that all the kings lands in wales may be resumed , and let out to obedient subjects , and not to rebellious welch-men . the king will do his pleasure . that in an assize of rent brought in the confine of counties if there be pleaded in bar , a recoverie of the land whereout the rent was going in another countie , and that the plaintiff do alledge the same recoverie to be , false that then the triall thereof may be in the same countie where the land was recovered . by the common-law there is sufficient remedie provided . that no letters patents of lands or goods be granted within one year after any office be returned , but that the parties may be received to their travers . the common law shall be observed . the citizens of lincoln for the great povertie of the same town pray to be eased , and released of their fee-farms of l. let them sue to the king and his councell . this title concerneth the payment of fifteens , and is to no purpose . a complaint against the liberties of st. martins le grand in london , as a receptacle or murderers , thieves , banckrupts , shifters , and request to have the same abolished . upon sight of their priviledges , the kings councell shall take order therein . the print touching attorneys , cap. . agreeth with the record : the record discloseth many falshoods , and slights of attorneys . the print that no officer of any libertie be attorney there , cap. . agreeth with the record . that any forrainer being in enquest of midd. where he never came , may upon his acquitall have his remedie against them . the statutes and common laws shall be observed . the parochians of the vicaridges of leskeret , lakenighorn , affallan in the countie of cornwall , require that the prior of launceston , who was parson of the same , may in no wise appropriate those vicaridges to their said priorie , being l. yearly , and but . commons to live thereon , on pain of the statute of provisors . the king hath provided sufficient remedie in this parliament . the commons of the countie of kent , make complaint against the constable of dover , as in the last parliament . the kings councell upon the sight of the old liberties , shall have power to take order therein . a prescribed request for the array of every estate according to their degree . the king will charge every estate to avoid excess , and the councell shall have power to appoint particularities for every estate . the print touching the residence of customers , cap. . agreeth with the record . the statutes made in the . and . of e. . that no man should appear in any court upon suggestions , may be observed , and if any man shall appear , and disprove such suggestions , that he shall recover his damage , and the adverse partie may therefore be imprisoned and make fine . the king will charge his officers to do no otherwise therein than as they have done . that the exigent may be in writs of annuitie , detinue , and covenant . the common-law shall be kept . the like motion and answer as was in the last parliament , tit. . that the statute made in the . e. . touching purveyors , may be observed . the statutes therefore made , shall be observed . the print touching the kings presentments in another mans right , cap. . agreeth with the record . that no man be outlawed without his sirname , name of town , and county . the common-law , and statutes shall be observed . the print touching the improving of the alnage of cloaths , cap. . agreeth with the record . the print touching victuallers , and hostlers , cap. . agreeth with the record . it is enacted that the eldest grant of annuities by the king , or any his progenitors out of the counties shall first be payed . the print touching the conviction of englishmen , by welchmen , cap. . agreeth with the record . that no lords of wales , or their ministers do receive any fellons , or trespassors of any other lordships , but that they be justified in their own lordships . the kings councell shall have power to take order herein . that no welchman do receive any evill doer or stranger above one night , unless he will answer for him . the kings councell shall have power to take order therein . the print touching the gathering of congregations , cap. . agreeth with the record . the title is joyned before tit . . the print touching congregations in wales , cap. . agreeth with the record . the print that no man should go armed , cap. . swerveth from the record , for that the record is , no welchman ; quod nota . the print touching carrying of victualls , or armour into wales , cap. . agreeth with the record in effect , but not in form . that there may be appointed in wales , sufficient able men for the keeping of the peace . the kings councell shall take order therein . if any welchman being an offender , shall not obey the law , but flie into the mountains , that then the next of his kin shall be apprehended , and kept untill they bring forth the offendor . the like answer as before . the print that welchmen should have no castles , &c. cap. . agreeth with the record . that no welchman shall buy any merchandize , or exchange victuals in other places than in market towns the councell shall take order therein . the print touching the bearing of offices by welchmen , cap. . agreeth with the record that in all cases of the crown throughout every liberty in wales the law of england be only used . the kings councell shall take order therein . the print touching the storing of welch forts or towns with english men , cap. . agreeth with the record . the print touching the marriage of the kin of owen ap . glendor , cap. . agreeth with the record . the print touching the carrying forth of money , cap. . agreeth with the record in effect , but not in form . that every stranger bringing in his own commodities , be bound to buy english commodities to half the valew of his own , and that the money for the other half be not carried out of the land without lycense . the treasurer by his office , may do what he shall think best . that every merchant who shall make exchange to rome , be bound to buy the commodities of the realm , within three moneths to the valew exchanged . the councell shall provide remedie therein . that remedie may be found against such merchants as in their own houses do pack up their merchandizes , the which be not surveyed by customers in deceit of the king. the like answer as before . it toucheth merchants , and is of like purpose . it is enacted that every customer in every port , be charged , and sworn to be resident upon his office : and that no comptroller upon pain of imprisonment do exercise his office by deputie . the print touching searchers , cap. . agreeth with the record in effect , but not in form . the print touching judgment in pleas , reall and personall , cap. . agreeth with the record . that the kings debt touching purveyance of victuals taken up , may be payed . so soon as the same may be . that remedie may be had against such feoffees in trust of lands or rents , as do charge the same with rent-charges , against the will of the feoffers . let the kings councell be advised hereof untill the next parliament . that all such abbots , priors , knights , esquires , and other the kings true subjects , as were lately impeached wrongfully by william taylor late of lampworth , a common prover in the kings bench , of sundry haynous crimes , for the which the said william was hanged , drawen , and quartered , may be discharged , and acquitted by the kings writ to be sent to the justices of the kings bench. the grant of the king , and the writ sent to the same justices . anno quinto henrici quarti . the parliament holden at westminster the next day after saint hillarie in the fifth year of king henry the fourth . on munday the fourteenth day of ianuary being the first day of the parliament , the bishop of london brother to the king , and chancellor of england , in the presence of the king , lords , and commons declared the cause of the parliament , and that the kings will was , that the holy church , all persons and corporations should enjoy their liberties . . he took then for his theame these words multitudo sapientum ; and thereby learnedly declared , that by councell every realm was governed , and resembled every man to the body of a man , and applyed the right hand to the church , and the left hand to the temporaltie , and the other members to the commonaltie , of all which members and estates , the king being willing to have councell had therefore called the same parliament , and that for sundry causes . . first for the utter appeasing of welch rebellions ; for rebelling of the malice of the duke of orleance , and the earl of st. paule , who had bent themselves wholly against the king , and the realm , and namely by their late arrivall in the isle of wight , where they took the repulse . to consider the imminent perill of the marches of callice , guienne , and other like dominions ; to remember the wars of ireland and scotland , and not to forget to take an order touching the late rebellions of henry percy , and other their adherents at the battail of shrewsbury , and so willed the commons to choose , and the next day to present their speaker . . receivers of petitions for england , ireland , wales , and scotland . . receivers of petitions for gascoin and other places beyond the seas , and of the isls. . tryers of petitions for england , &c. as above . . tryers of petitions for gascoyn , &c. as above . . on tuseday the fifteenth day of ianuary , the commons came before the king , and presented for their speaker sir arnold savage , who excused himself thereof , but the king would not receive the same , but allowed the election : thereupon sir arnold made the common protestation for himself , and the commons which was accepted . . on vvednesday the sixteenth of ianuary the commons came before the king , and desired him to have regard to the charges , for the repressing of the vvelch rebels , and keeping of the sea , to consult of the great charges of his house ; that the king and the prince would give liveries according to the statute made . . that the king would provide for the repayring of his castles , and houses , and namely for his castle at windsor , which were greatly in decay , and not to grant away , the profits of those castles , and houses , and notwithstanding to stand to the repayring of the same , without which he could not but run to the great charging of the commons , and to the subversion of the whole estate . . on friday the eighteenth day of february , the earl of northumberland came into the parliament before the king , and the lords , and there by his petition to the king acknowledged to have done against his allegiance , and namely for gathering of power , and giving of liveries , wherefore he prayeth pardon , and the rather for that upon the kings letters , he yeilded himself , and came to the king into york , whereas he might have kept himself away . . the which petition the king delivered to the justices by them to be considered . whereupon the lords made protestation , that the order thereof belonged to them . and so they as peers of this parliament , to whom such judgement belonged in weighing the statute of e. . touching treasons , and the statute of liveries made in this kings time , adjudged the same to be no treason , nor felonie , but onely trespass fineable to the king. . for which judgement the said earl gave great thanks to the king , and lords . and at the request of the said earl , he the same earl was then sworn to be true liegeman to the king ; to the prince the kings eldest son , and to the heirs of his body begotten , and to every of the kings sons , and to their issue succeeding the crown of england , according to the laws , and that done the king pardoneth the said earl his fine , and ransome . . after which the archbishop of canterbury prayed the king , that forasmuch as he and the duke of yorke , with other bishops , and lords were of sundry suspected to have been of the confederacy of the said henry percie , that the said earl might publish the truth ; the earl upon the kings commandement by his oath purgeth them all thereof . . and on this day the levying of war , of the said sir henry percie , and others was adjudged treason by the king , and lords in full parliament . . at the request of the commons , the lords accorded that four speciall persons should be removed out of the kings house , viz. the kings confessors , the abbot of dore , master richard durham , and crosby of the chamber . whereupon saturday the ninth of february the said confessor , durham , and crosbie came into the parliament before the king , and lords , where the king excused them , saying that he then knew no cause , wherefore they should be removed , but onely for that they were hated of the people , and therefore charged them to depart from his house according to the agreement , and the like he would also have pronounced against the abbot , if he had been present . . on the same saturday the commons gave great thanks to the king in full parliament , for the favour shewed to the earl of northumberland ; and further declared , that this third time in worship of the trinitie , the lords , bishops , and they were sworne to be true to the king , to the prince , and to his issue , and to every one of the kings sons , severally succeeding the crown of england , albeit the same was more then needed : for the which the king gave thanks unto them . . the same day at the request of the commons the king commanded the earls of northumberland , and westmerland in token of perfect amity to kiss each other in open parliament , and to take each other by the hand thrice , which they did , and so often they kissed each other as they took hands , being thrice , and promised that their tenants , and men should do the like . . the same day the commons prayed , that such might be appointed to be the kings officers of household , as were renouned for vertue , and that the lords , and commons might be privie thereto . . friday the two and twentieth of february at the request of the commons , the earls of northumberland , and dunbar in token of amity before the king , and lords in full parliament , took each other by the hand , and kissed one the other . . the same day at the request of the commons , the king in full parliament affirmeth , the archbishop of canterbury , the duke of yorke , the earl of northumberland , and other lords which were suspected to be of the confederacie of sir henry percy , to be his true liegemen , and that they nor any of them should not be impeached therefore by the king , or his heirs at any time ensuing . . the commons rehearsing how king e. . in the parliament holden in the eleven of his raign , created his eldest son duke of cornwall , and the same dukedome annexed to the crown , with divers hereditaments by his letters patents , by authority of the same never to be dismembred or sold away , they therefore pray the king to resume , and sieze , and to unite again to the said dutchy , such lands as were sold away by prince edward , king richard , or by the king himself . the same petition was answered in effect following . it is accorded by the king , and lords that the prince by the advice of his councell shall have his scire facias , or other his best means of recovery , wherein shall be allowed no protection , or praying in ayde of the king , unless it be for sir iohn cornwall , and elizabeth his wife , late wife of iohn holland late earl of huntington , and for such persons to whom the king is bound by warrantie , and thereby to render in value all such cases , the prince shall sue to the king. . the commons do amend the commission for the arraying , or mustering of men , and watching of the beacons : and pray the king , that from thenceforth , there should no other forme thereof be made ; whereto the king with the assent of the lords , after consultation therein had with the judges of the realm , granted . . the forme , and president of the same commission . . at the request of the commons , certain lords especially appointed agreed on the articles ensuing . first that all strangers taking part with the anti-pope be not about the kings person ; but do avoyd the realm . . that other strangers catholicks , as those of dutchland be appointed to remain upon such frontiers within the realm where garrisons are . . that all french persons , brittains , lombards , italians , and bavarians whatsoever may be removed out of the house of the king and queen , except the queens daughters maria , st. miches , alder and iohn purian and their wives . : that no vvelchman be about the kings person . . all which articles on thursday the one and twentieth of february , the king by assent of the lords established in full parliament , gave in full charge to his chief officers of houshold , there named to put the same in execution , who at supper then following did the same . . after which for more comfort of the queen and her daughters , the king by the assent of the lords established in full parliament , assigned to the queen besides the persons aforenamed , two knights , a damosell , two chamborers , one mistress , two esquires , one nurse , and one chamborer for the queens daughters , and a messenger to go between at certain times . . the king by his letters patents confirmed by act of parliament , the commission at large , granted that certain revenues and custome there expressed , and amounting to the sum of l. should be yearly payd to the treasurer of his house , for the charges of the same his house . in which grant amongst other things it appeareth , that the profits of the hamper in the chancery at this time was onely worth l. per annum . . on saturday the first day of march , the arch-bishop of canterbury , declared to all the lords in the kings presence , that the kings will was that the common laws of the realm should by no means be delayed ; that the lords should take order for the kings expences of houshold , and that there should be appointed certain treasurers of the wars , who should imploy what was granted to the vvar onely , whereto the king agreed , and the commons also . . it is enacted that the prior of okeborne proctor of the abbey of fishcamp in normandie , and all others priors coventuall should remain in england , for that they were catholicks , and that all religious persons borne french , should depart the realm , and english put in their places . . the arch-bishop of canterbury declared openly in the parliament , that where there came on his head a debt in the exchecquer of l. while sir roger welden was treasurer of england , in the time of king richard , he protested , that he owed no such debt , and prayed that the same his protestation might be entred . . at the request of the commons it was enacted , that if war should happen between the king , and the french , and the flemmings , that then the kings councell should have power to remove the staple from callice to what place they thought best , and that no patent should be granted to carry any of the said marchand●ze to any other place . vide post tit . . . the king at the sundry requests of the councell , doth name , and appoint as there doth appear , certain bishops , lords , and others to be of his great continuall councell . . ●or that the sheriffs of rutland , had returned one william ondeby for knight for the same shire , and not thomas de thorpe who was chosen , he was commanded to amend the same returne , by returning thomas thorpe , and further was committed to the fleet , and to fine , and ransome at the kings p●easure . . at the request of the commons the king granted , that one bennet william , who was imprisoned to answer before the constable and marshall of england , should be tryed according to the common laws of the realm , notwithstanding any commission to the contrary ; and thereupon a writ was accordingly directed to the j●stices of the kings bench as may appear . . roger deynecourte the son and heir of iohn deynecourte knight , complaineth of an erronious judgement given against him in the kings bench , for ralph de alderlie touching the mannour of austie in the county of warwick : the which errors are there particularly rehearsed ; whereupon a scire facias was granted to the said roger returnable in the next parliament , and sir william gascoyne chief justice for shortness of time , examined a copy of the process , and record word by word , and gave a copy thereof under his hand to the clarke of the parliament . . it was agreed between the prince on the one part , and iohn cornewall , and the countess of huntington his wife on the other part . that the said iohn , and countess should surrender into the princes hands all such mannours , and hereditaments as were parcell of the dutchy of cornewall , after which surrender an entry should be made in the premises on the behalf of the prince , and that after the said entry the prince by deed and letters of attorny to deliver seisure , should grant the premises to the said iohn , and countess , and for that the prince was within age , he should promise before the lords to performe the same at his full age , and the promise to be made for the prince his brother , all which acts should be done by parliament . . whereupon the twentieth of march as well the said prince , as the said iohn , and countess came in proper persons before the king and lords , where the said countess confessed , that she had during her life , certain mannors parcell of the said dutchy , upon which confession the king and lords gave judgement , that the said prince should be restored to the said mannours aforesaid , and that after seizure had , the prince should make estate over as is aforesaid . . the grant of the prince to the said iohn , and elizabeth countess of huntington , during her life of the castle and mannour of trematon , the mannour of calestocke , the mannour of ashburgh , the castle , and parke of easternell , the mannour of perin of penknith , the burrows , and towns of lostwithiell , and camelford , the whole fishing of the mannour of fowley , the mannour of tewinton , the mannour of moreske , the mannour of tintagell . . this deed being read in full parliament , the prince , the lords thomas , iohn , and humfrey made promise as aforesaid ; livery , and seizin was delivered to the said iohn , and countess , and the king promised to confirme the same . . at the petition of ioane queen of england , the king granted that she the said queen should enjoy during her life , lands , and tenements to the full summe of ten thousand marks by the year for , and in the name of her dower , according as other queens of england had done . . at the like petition of sir iohn cornwall , and elizabeth lancaster countess of huntington his wife , the king granted that she the said elizabeth should be a person able at the common law to sue and recover her dower of all the hereditaments , late of iohn de holland earl of huntington her late husband , as well against the king , as against all other persons , notwithstanding any judgement against the said earl , and notwithstanding the said countess be not thereof dowable . . the like petition , answer , and grant is made to constance late the wife of thomas le despencer , for the recovery of her dower of the lands of the said thomas as is aforesaid . . upon the petition of edward duke of york touching l. by the year , granted by richard the second to edward the father , and to the heirs males in the r. . the king granteth to edward now duke l. out of the customs of kingstone upon hull , and l. s. d. out of the customs of london ; as parcell of the said l. and to the heirs males of his body lawfully begotten . . iohn earl of somerset captain of callice , and of the marches thereof decla●eth , that where by indenture between the king , and him , he stood bound to keep the town , and castle aforesaid , taking therefore for himself , and his souldiers in time of truce , and peace l. s. d. and in the time of l. s. d. whereof he was behind unpayed l. s. d. he therefore for want of payment p●ayeth due payment from thenceforth , the which the king granteth . . upon the petition of ioane late wife of thomas earl of kent to have l. yearly during her life of the hereditaments of the said thomas , the kings by the assent of edmond earl of k●nt brother of the said thomas , granteth to the said ioane during life certaine mannours , and hereditaments there named , to the value of . marks over and above her joynture ; for the which the said ioane releaseth to the said edmond all her dower . the wardens of the goldsmiths of london , by their petitions shew how they ought to have the survey , and sight of the cutters of london touching the working of gold and silver . . the wardens of the cutlers of london maketh the like complaint . . the king thereupon sendeth those bills , and two writ to the mayor of london , willing him to examine the whole matter , and to certifie the same . . the mayor upon due examination certifieth , that the cutlers ought to work gold , and silver in their works , but that the goldsmiths ought to have the assay of gold , and silver by cutlers wrought . . the king thereupon by assent of the lords confirmeth , to the said goldsmiths , their charter granted e. . with the clause of licet , and granteth to them other liberties . . sir bartholmew verdon knight , iames white ; christopher white , and stephen garnon esquires , being outlawed for sundry robberies , and fellonies done in ireland , whereby all their hereditaments were siezed into the kings hands , and granted away by the lord thomas the kings son lieutenant , there the persons aforesaid , having their pardons for their lives , require to be restored to their bloud , and to all their hereditaments , the king restoreth them to all their hereditaments during their lives onely , notwithstanding any grant to any person whatsoever . . upon the petition of iohn son and heir of iohn de burley knight , cosen and heir to simon de burley knight , containing the effect expressed in h. . tit . . the king by assent of the lords , wholly restoreth the said iohn to all the hereditaments of the said sir simon in possession , reversion , or use , except there excepted , and except where the king for any of the said lands is bound by warranty , in which case the said iohn shall sue his scire facias . petitions of the commons , with their answers . . it is enacted as before tit . . . the print touching the mannour of sir henry percie cap. . agreeth with the record in effect , but not in forme . . the print touching such as shall procure pardon for any notable thief cap. . agreeth with the record in effect , but not in forme . . the print touching the watches cap. . agreeth with the record . . that such persons as have made delivery of certain strangers ships , being stayed at the kings commandement , by the kings writs to them directed may be therefore discharged against the owners of those ships in any the kings courts . the king will be thereof advised . . a motion touching statutes of the staple of no purpose . . that the statutes called articuli super chartas , or noni articuli made in the time of e. . touching the steward or marshall of the kings house may be executed , having this adjoyned , that if the contrary be found by error or averment in the kings bench , that those two officers do forfeit for every such default to the king l. and to the party l. the statutes therefore made shall be kept . . that no constable of any castle be appointed justice of the peace , and that no man be imprisoned but in the common gaoles . the king willeth that no man shall be imprisoned by any justice of peace , but in the common gaols , saving to all lords their liberties , and the print cap. . agreeth therewith . . the print touching multiplication cap. . agreeth with the record . . the commons of kent make like long complaint against the constable of the castle of dover , and have the like answer as in . . they prayen that no tithe be payed of quarries of stone , or slate . the king will thereof be advised . the print touching desms to be payed for , the possessions of aliens cap. . agreeth with the record . . the print for cutting out tongues , or pulling out eyes● cap. . agreeth with the record . . that every one being attainted to be a broker of usury , or exchange do forfeit all his goods . the same default shall be punished by the law of the church . . a motion touching the making of cloaths of little purpose . that no custome be demanded of any cloaths called kendall cloaths , or other straight cloaths for sale , or otherwise , whereof the dozen passeth not s. d. the same is committed to the kings councell to the taking order therein . that all such persons as shall arrest any knight or burgess of the commons or any their servants , and know them so to be , do fine at the kings will , and render treble damages to the partie grieved . there is sufficient remedie for the cause . that no supersedeas be granted to hinder any mans action . the statutes therefore made shall be kept . the print touching the craftie working of copper instead of gold , cap. . agreeth with the record . the statute made . h. . tit . touching appropriation of benefices shall be observed . that the mainprizors , and their heirs of the kings farmors upon the attainder of those the kings farmers for any ●elonie may be discharged . the king will be thereof advised . . the print touching wager of law cap. . agreeth with the record . sir richard tempest knight prayeth allowance of . marks , disbursed to the souldiers in r. . while he was then lieutenant to the earl of huntington of the town , and castle of carlile , and of the west marches towards scotland . let him petition to the king. . the print touching iohn chedder cap. . agreeth with the record in effect , but not in forme . . the print touching the entertaining of merchant-strangers cap. . agreeth as next before . . the print touching gold , and silver cap. . agreeth with the record . . the print touching execution of statute merchants cap. . agreeth with the record . . the print touching the foot of fines cap. . agreeth with the record in effect , but not in forme . . a motion touching priors aliens of little purpose . . the print cap. . touching the generall pardon swerveth from the record in effect , as wanting the word [ treason ] and in forme besides . anno sexto henrici quarti . rex &c. henrico principi walliae , &c. apud coventri tertio die decembris . teste rege apud westm. vicessimo die octobris . edro. duci eborum . ioh. com. somerset . edro . de courtney com. devon. hen. percie com. northumb. tho. com arundell . michael de la poole com. suff rado nevill com. westmerland . rico. com. war. barth . bourchier . edro . de cherleton de powis . willo . de clinton . mro . tho. de la war. stephano scroope de masham . willelm . roos de hamelake . willo . heron chlr. hen. fitz hugh . will. de ferrariis de groby . tho. de morley . hugoni burnell . tho. berkley de berkley . iohi. de welles . rado de cromwell . rado baroni de graystock . rob. harrington . iohi. dacre . waltero fitz-walter . will. willoughby . iohi. cobham chlr. tho. nevill de halmshyre . will. beauchamp de burgaveny . ioh. lovell de fishmerch . rico. gray de codonore . reg. gray de ruthin . tho. bardolf de wermegey . petro de malo lacu . rico. seymore . tho. west . chlr. tho. camois . ioh. tochett . tho. erpingham custodi quinque portuum . anno sexto henrici quarti . rex &c. henrico filio suo principi walliae & duci cornubiae , &c. apud coventrie sexto die octobris teste rege apud lichfield . die augusti edro. duci eborum . ioh. com. somerset . edro . de courtney com. devon. hen. percie com. northumb. tho. com arundell . michael de la poole com. suff. rado nevill com. westmerland . rico. com. war. barth . bourchier . edro . de cherleton de powis . willo . de clinton . mro . tho. de la war. stephano scroope de masham . willelm . roos de hamelake . willo . heron chlr. hen. fitz-hugh . will. de ferrariis de groby . tho. de morley . hugoni burnell . tho. berkley de berkley . iohi. de welles . rado de cromwell . rado baroni de graystock . rob. harrington . iohi. dacre . waltero fitz-walter . will. willoughby . iohi. cobham chlr. tho. nevill de halmshyre . will. beauchamp de burgaven●y . ioh. lovell de fishmerch . rico. gray de codonore . reg. gray de ruthin . tho. bardolf de wermegey . petro de malo lacu . rico. seymore . tho. west . chlr. tho. camois . ioh. tochett . tho. erpingham custodi quinque portuum . the parliament holden at coventry the sixt day of october , in the sixt year of the raign of king henry the fourth . on monday the . of october , in the great chamber within the priorie of coventrie therefore appointed , and hanged , the bishop of lincoln● the kings brother , chancellor of england , in the presence of the king , lords , and commons , declared the cause of that assemblie , that first the holy church , all persons , and all corporations should enjoy their liberties . he then took for his theam , terrae● upon which he learnedly discoursed , how for the safetie of the realm , as well within , as without , and namely for the repressing of the welch rebels , for resisting enemies of france , and brittain , who daily reenforced themselves for the invasion of the realm , and subversion of the estate , for the observing of peace , and ministration of justice , the king had called the wise of the realm , by them to be counselled . he further sheweth , how by the last parliament was no sufficient remedie provided for the quailing of the welch , neither competent relief granted for the performance of so great exploits , and ●or that the french had determined war with england , and had then invaded the dominion of guienne , they should not so much marvell at the sudden calling of this parliament , as they ought most speedily to determine for the avoiding of those so great mischiefs , and imminent perils : wherefore he willeth the commons to chose , and the next day to present to the king their speaker . receivers of petitions for england , ireland , wales and scotland . receivers of petitions for gascoin and other places beyond the seas , and of the isles . tryars of petitions for england , &c. as above . tryars of petitions for gascoin , &c. as above . on tuesday the . of october , the commons presented unto the king sir william sturmey to be their speaker , who made the common protestation : thereupon the chancellor willed the commons chiefly to consider how the king might best be relieved . on the th . day of november , the commons by the assent of the lords , granted unto the king two desmes and two fifteens , the subsidy of woolls , wooll-fels , and skins , viz. of denizens for every sack of wooll s. d. of every . wooll-fels s. d. and for every last of skins l. of aliens s. more in every parricular for two years , and s. of every tun of wine passing and repassing the realm , and d. on every pound of merchandize , on condition the same should not be imployed , but only to the maintenance of wars , and defence of the realm , according to the order there taken by the oversight of the lord furnivall , and sir iohn pelham knights treasurers appointed for the wars . the same day the lord furnivall and sir iohn were sworn before the king and lords in parliament , to execute their offices according to the grant . where sundrie bishops , lords , and others appointed to lend unto the king certain sums of money towards the rescuing of the lord of coytife , who was besieged in his castel by the rebels in wales , the king appointed by parliament , that such persons as so should lend , should be repayed of the first payments of the subsidy then granted . on saturday the . of october , the commons came before the king and lords in full parliament , where they in recommending the lords , iohn , and humphery the kings sons prayen the king to advance them to honourable estates , and livings ; they also pray the king to remember the duke of yorks service in guienne , and elsewhere , so as he might therefore be payed his due fees behind ; they make the like request for the earl of somerset , and sir thomas beauford his brother ; they finally beseech the king to render to richard duke of yorks brother , certain jewels to the valew of l. which were in the hands of king richard the second . they make like request as is above for the rescue of the lord coytife besieged by the welch in the castle of coytife . certain petitions of the commons . first that all such hereditaments , liberties , and customes , as were to the crown in . e. . and since by any means granted , to be resumed into the kings hands for ever . provided that all towns shall enjoy their liberties , except also the lands of such as were forejudged , in the th . richard second and sold away . that all tuns and pipes of wine granted to any person by the king , or any his progenitors be also resumed . that the queen may be endowed of all such hereditaments as anne the late queen was in whose hands soever the same be , and by what grant soever . that all grants of edward third or any his progenitors , and before the said th . year may be confirmed by parliament . that all farmers to the king by any like grants may enjoy the same their farms , giving as much therefore as others will. that no man hereby be restrained of any warrant granted to build any castle , or caslet , or to inclose any park . the king maketh answer that he will execute their requests , so far forth , as by the law , and his prerogative he may do , and for that the lands of the crown in an. e. . were not certainly known : he would appoint certain commissioners to enquire , and execute the same . it is enacted , that for one whole year the king shall take the profits of all annuities , fees , or wages granted by king r. . or the king now , except certain of the chief officers there named , justices , barons of the exchecquer , and other officers of any his courts whatsoever . and also that the king for the like term shall enjoy the like profits of all hereditaments granted as is above , except such as are granted to the queen , or any of the kings sons , and of such as have their grants by parliament . that proclamation be made that all such as have any patents granted since . e. . of any annuall valew for life , or years , do on pain of forfeiting the same , bring them in by a day there prescribed , to the end that such as deserve the same , may have continuance , and the rest revoked . upon the petition of henrei prince of wales it was enacted by the lords , that the said prince should have due payment made of . marks granted to him for the keeping of certain men at arms for the defence of wales . where the king granted to henry the son of iohn earl of somerset , and to the heirs males of his body begotten . marks out of the exchecquer , now at the petition of the said earl , the king by the assent of the whole parliament , granteth to the said earl , and to the heirs males of his body lawfully begotten , the said . marks out of the exchecquer , untill he provide to him the said earl land to that valew . at the request of iohn cornwall knight , and elizabeth his wife countess of huntington , the king in full parliament granteth to them the custodie and profits of the abbey of fescamp in normandie during the wars for a yearly rent . at the request of sir stephen le scroope of masham knight : the king by assent of parliament , confirmeth to the said stephen in fee for the mannour of flaxfleet in the countie of york , ten marks of rent , with the appurtenances in northallerton , and l. yearly to be taken of the farm of kingstone upon hull , by the hands of the bayliffs there . at the petition of the prior of the cathedrall church of the virgin mary of coventrie , the king granted by assent of the bishops and lords , that out of the conduit of water running to the said priory no man do make any head or rock , or break the same conduit without the assent of the said prior , and that the same prior and their successors may at all time freely amend , or repair the said conduit , and that no man do cast any ordure , or other filth into their water called sherborn on pain of ten pounds to the king , and treble damages to the prior for either of the said defaults . upon the petition of the prior of st. anne of the order of carthuse next coventrie , the king by authority of parliament , restoreth the said prior to the priorie , and mannour of swonsey , and to the vicaridge of the same , which to the prior by lycense of king richard . was given by the abbot of st. george , and bathe of the order of st. bennet french. and note that the said prior by his petition requireth to be restored also to the mannour of dry drayton , whereof the king by his restitution makes no mention . sir bartholmew verdon knight , and others named in the th . h. th . tit . . maketh the like request to be generally restored to their bloud and to all their hereditaments by entrie thereto , without any further suit : the which the king by common consent granteth . for that the scire facias of robert deynecourt against errour in ralph adderley for errour hanging in parliament was returned tarde venit : it was therefore accorded , that the said roger should purchase a new scire facias returnable in the next parliament , if he so would , and that the process should be continued . on friday the last day of the parliament , the commons before the king prayen , that the ordinance touching the wars should be executed , and that the lords m●rchers of wales do sufficiently man their castles against the welchmen . that the goods taken upon the sea of such as be friends to the realm may be restored . that money borrowed for saving of the honour of the lord iohn the kings son , and the estate of the realm may be answered . that it will please the king to consider the painfull service of the duke of york , whilst he was the kings lieutenant of guienne , and that he may be payed what to him i● due . that it would please the king to remember the ser●vice of sir thomas erpingham , sir thomas b●mpson , iohn northbury , and other valiant knights and e●quires , who adventured themselves with the king at his coming into the kingdom . upon the petition of the merchants of italie , the king by common consent revoketh the statute m●de in the l●st parliament , as forbidding to keep their merchandize unsold by the space of one quarter of a year , and setteth them at libertie to sell the same , as they might before the same statute , provided that they shall not carry away any of their merchandize once brought into the realm . it agreeth with the print cap. th . that the exchange may be between merchant and merchant , and for clearks and pilgrims , notwithstanding the order made in the last parliament , that all money delivered by exchange in england , should be imployed within the same realm . the king will be thereof advised . that the merchants of italie may chose their hosts where they like , and be not appointed thereto , as was provided the last parliament . the statute therefore shall be observed . it is enacted that the merchants of italie shall pay but four marks subsidie for every sack of wooll as eglishmen do . that those merchants may have some day of payment of their customes . the king will thereof be advised . that customers and other officers of towns and ports , may be commanded to intreat those merchants according to reason . the king willeth the same . that those merchants in all actions of debt , accompt , or trespass , may be tryed before the kings councell , major , or aldermen of london , by merchants law , and not by enquest . it shall continue as heretofore . that all brokers coming from beyond the seas , may be banished the realm by writ out of the chancery , if to those merchants strangers seems unfit . upon due proof before the chancellor he shall do therein accordingly . that those merchants of italie may imploy their money upon any english ware , as well as upon staple wares . the king will thereof be advised . petitions of the commons , with their answers . that some certain place may be appointed for the staple , if wars should be betweeen this realm and flanders . the king will be advised . that the owners of every ship or other vessell serving the king , may have allowance of every tun weight of the same vessell s. d. for every quarter towards the apparrelling of the same ship. the statutes therefore appointed shall be observed . that no stranger born be customer or the like officer , neither enjoy any benefice within the realm , nor that any welchman be suffered to go to rome . the king will be advised . upon the motion of the commons , the king resumeth into his hands all the hereditaments which were the dower of anne late queen of england , and granted away by him , or by king richard to any person whatsoever , except to the kings sons , all which shall remain in dower to the queen now . that all such commissioners as are fined for not sitting upon the same , and did not know thereof , may upon their oaths in the exchecquer be discharged . as it hath been , the same shall be . a motion to have certain of the lower house discharged of collection of the subsidies granted . that all waggons and carts coming to callice for buying of staple ware may be free from certain new exactions there named . it shall be as it was in the time of king e. . that the kings debts upon tallies may be payed . the king meaneth the same so soon as the same may be . that the shipping of woolls may be at ipswich , and not at yarmouth from henceforth . the same shipping with the tunage of woolls shall be at both places untill the next parliament . that the statute made in the time of king rich. . touching villaines , and bond tenants , may be moderated . the statute shall be observed . at the request of the commons , the king pardoneth s. d. of every sack of wooll , and the like of other staple commodities of the grant made . h. . by reason that so much was mis-entred in the roll . the print touching provision from rome , cap. . swerveth from the record . the print touching express mention of letters patents , cap. . agreeth with the record . the print touching the account of the kings officers , cap. . somewhat swerveth from the record . a motion that a statute made in the last parliament , as touching the foot of fines , might be revoked . the king with his councell by authoritie of parliament , have power to determine the same petition . there are annexed two petitions in two schedules of roger deyncourt against ralph alderbury for the mannour of ansley in the countie of warw. requiring to reverse a fine , and judgment in the kings bench for certain falshoods therein . that all feoffments holden by knights service , and done by collusion expressed in the statute of marlebourgh , may upon the proof of the same be utterly void . the king will appoint certain lords and justices to take order therein . after these being read , the chancellor on the kings behalf gave thanks to the lords and commons , and so ended the parliament . anno septimo henrici quarti . rex , &c. henrico filio suo principi walliae , &c. apud coventrie decimo quinto die februarii , &c. teste rege apud westmonast . vicesimo primo die decembris . edwardo duci eboram . johanni com. somerset . edwardo com. cant. edwardo courtney com. devon . thom. com. arundel . michaeli de la pool com. suff. rado nevil com. westmerland . ricardo com. war : barth . bourchier . edwardo cherleton de powis . willielmo de clinton . mr. tho de la war. stephano le scroope de masham . willielmo roos de hamalake . hen. fitz-hugh . willielmo de ferrariis de groby . tho. morley . hugo burnel . tho. berckley de berckley . johanni de wells . rado de cromwel . rado baroni de greystock . roberto de harrinton . johanni darcy . willielmo de willoughby . johanni cobham chlr. tho. nevil de halmeshire . willielmo beauchamp de burgavenney . johanni lovel de fishmerch . hen. cuart . ricardo gray de codonore . reginaldo gray de ruthin . petro de malo lacu . willielmo zouch de harringworth . ricardo seymore . tho. camois . johanni tutchet . hen. de bello monte . johanni de latimer . ricardo le strange . roberto poinings . gilberto talbott . thomae erpingham custodi quinque portu●m . anno septimo henrici quarti . rex , &c. henrico principi walliae , &c. apud gloucestriae , &c. decimo quinto die februarii , &c. teste rege apud westm. &c. ut supra ; excepto quod gilbertus talbot locatur in loco stephani le scroop , qui quidem stephanus omittendus est . prorogatio parliamenti de gloucest . decimo quinto die februarii usque in diem lunae in prima septimana quadragessimae ; apud westm. tenend . ut supra , &c. anno octavo henrici quarti . the parliament holden at westminster the first day of march , in the eighth year of king henry the fourth , and ended ● . december , in the same year . on monday the first of march in the chamber de pinct within the kings palace of westminster , thomas de langley clerk , chancellor of england , before the king , lords , and commons declared , that the king had called the parliament to the end that the holy church● all persons , and corporations should enjoy their liberties , in consideration of their due observance to him shewed . he therefore proceedeth , and taketh for his theam these words , multorum consilia requiruntur in magnis , and saith , that in the weighty affairs touching the good government of the realm , and surety of the subjects , which were annoyed by the rebellion of the welchmen , and likelier to be by the french and scots , who ceased not to invade the marches of guienne and callice , besides the turmoile with the irish , he had called the same parliament , as meaning to follow the counsel of the wise saying , fili nil sine consilio facias , & tunc post factum non poenitebit , wherein he meant also to begin with the example of ah●shuerus , qui interrogavit sapientes , & illorum cauta faci●bat consilia . in which consultation he declareth to the king , lords and commons , that if they should observe the laws of god , they might then assure themselves to find peace at home , and victory abroad . receivers of petitions for england , scotland , wales , and ireland . receivers of petitions for gascoyne and other places beyond the seas , and of the isles . tryers of petitions for england , &c. as above . tryers of petitions for gascoyne , &c. as above . on tuesday the second of march , the commons came before the king , and presented for their speaker sir iohn tibetott , who made his excuse as well for his youth , as otherwise , but the king affirmed the election . the commons by assent of the bishops and lords granted to the king one desme and one fifteen to be levied of the layety , and otherwise for one year they granted to the king , as in the last parliament . on wednesday the third of march upon the declaration of the chancellor touching the treaty of peace with the men of princaves , and of other parts beyond the seas , it was accorded , that proclamation should be made through the realm , that all such englishmen , as had attempted any thing against them should surcease the same . on tuesday the . of march , the commons came before the king , where sir iohn tibetott their speaker made the common protestation , and required the confirmation of their liberties and priviledges , and that they might at any time send for any their bills to the lords , for amendment of the same , &c. which was granted . the same day the said speaker before the king made sundry remembrances , namely for good governance ; for confirmation of all liberties , for keeping of the sea , and for good provision for guienne which was in the way of losing . the third of april , the same speaker before the king required , that this protestation before made , might be enrolled of record . that for resisting of welch rebells the prince might abide in wales , and have power given him by commission , as of record might appear . that no hereditaments conquered from the welch , be given for one quarter of a year after . whereto was answered , that the king would not grant any without advise . that the time for the avoidance of the french , and britains out of the realm be appointed . it was answered , it shall with all convenient speed . that it would please the king to hold the commons excused , for that report was made that they had talked of the kings person , otherwise then them beseemed , which was untrue ; and so the king by answer took the same . the names of certain of the commons appointed to treat with the lords touching the safeguard of the seas . the order touching the safeguard of the seas . first , that the merchants , marriners and owners of english ships shall provide and finde sufficient and able ships for able fighting men , and marriners for a year and a half . for which their charges they shall have upon account d. of every pound of merchandize , s. of every tun of wine , and the fourth part of the subsidy of wools , wooll-fells , and skins , granted in the last parliament . the merchants for the levying of the aforesaid sums shall have privy seals as oft as they shall need . the merchants shall enjoy all such prizes as they shall take , having due consideration of the kings chieftains , if he shall any appoint . the merchants require l. in prest , whereunto was answered , that the king had it not . if the royal navy of the enemy shall happen to be on the sea , and the king to make out against them , the merchants aforesaid shall then have one moneths warning to provide● the merchants aforesaid shall have reasonable warning of any peace or truce taken , after which they shall have due consideration of all their charges . the merchants aforesaid , shall name two persons , the one for the south the other for the north , who by commission shall have the like power as other admirals have had touching the same . on the same third day of april , the king for certain weighty affairs adjourned the same parliament from the said third day unto the quinden of easter then ensuing , to be holden at the same place of westminster aforesaid , and licensed the lords and commons for that time to depart . the re-assembly of the parliament . on monday the quindena of easter , being the . day of april for certain great causes the parliament was from day to day adjourned unto the friday ensuing , on which day the archbishop of york with sundry bishops , the duke of york , with sundry lords came , and treated of matters concerning the parliament . on saturday the . of may , it was enacted by the whole assent , that certain strangers by name , who seemed to be officers about the queen , should by a day depart the realm , and all others the like ; whereupon a writ to proclaim the same was sent by assent of parliament to the sheriffs of london , and that they should bring in all patents of lands or annuities granted to them by the king or queen . on saturday the . of may , the commons came before the king , where the speaker prayed that he might under protection have ( viz. ) as large speech as any speaker before that time had ; and that richard cliderow one of the admirals appointed for the sea , might go there unto , the which the king granted . at the request of the commons the king appointed certain by name to be of the council , and that by authority of parliament . on monday the of may , the speaker required to know whether the lords of the kings● council appointed would take up the same ? the arch-bishop of canterbury for himself and the rest of the council answered , yea , so there were sufficient treasure , otherwise not . the same day the speaker required provision for the great dearth at callice , remembring sundry great charges of the commons , and that same notwithstanding the whole land of guienne and irela●d stood in hazard of losing , as well for which , as for the sea , and others , he requireth politick provision . the king answered , that he would appoint the council so to do . he also requireth that all captains beyond the seas might repair speedily to their ●orts and peirs , as the earl of somerset was to callice bent . and that he might be pardoned if he had spoken any thing displeasant to the king , or lords , the which the king granted . on tuesday the . of may , the lord lovel , and william doyley , before the king and lords , swore to abide the arbitrement of six persons the●e named , of the arch-bishop of canterbury , and york , as umpiers therein , touching the mannor of hinton near brackley in the county of northampton , with the appurtenances . on friday the fourth of iune it was enacted , that the commission for the arraying and mustering of men made . h. . should not concern the clergy . it was the same day enacted , that certain there named should have power to determine all controversies between the merchants of haunce and pence , and the english merchants , according to a commission thereof made . on monday the seventh of iune , the speaker required that he might freely resort to his former protestation ; which was granted . the crown of england , with all the hereditaments and rights whatsoever , was by authority of parliament , with large conveyance entailed to the king , and to the heirs males of his body lawfu●ly begotten ; in like sort to the prince , and for default to the lords thomas and humphrey successively ; but the conveyance is crossed , and on the margent is written a vacat , the which conveyance was exemplified under the great seal . the same speaker on the said day requireth , that the prince may be sent into wales with all speed , considering the rebellion of the earl of northumberland , and others . he also remembreth the king to provide remedy against the deceit of the customers , and searchers , the charge of ireland , and the little safety of the same , the great charges of the kings house , in all which he wisheth provision . the . day of iune , the commons came before the king , where the speaker requireth , that he may return to his former protestation , and that good government might be by the council , and they to be reasonably rewarded therefore . he also requireth that the queen may be endowed with ten thousand marks of lands , as other queens before had been . he also remembreth to the king certain persons by name , and he desireth that they may be considered for their service . certain are appointed auditors to take the accounts of the lord furnival and sir iohn pelham , for that they were treasurers of the wars as appeareth h. . tit . . they make the like request , as in the end of the . tit . of the last parliament . certain bishops , lords , and justices by the assent of the duke of york , and philip his wi●e , and one of the daughters and heirs of iohn lord of mohun , and ioan his wife , and elizabeth countess of sarum , and richard le strange of knokin , other co●heirs of the said lord iohn of mohun , and ioan his wife of the one party , are appointed by a certain day to determine the right touching the castle and mannor of dunstar , the mannor of minehead , culverton and carampton , with the hundred of carampton in somerset , the which arbitrators in open parliament are sworn to do the same . he also requireth the king to consider the petitions of sir bartholmew verdon and his companions , weighing their service done in wales , and elsewhere , the which petition the king granteth . he also exhibiteth to the king certain petitions of which some were read , some were not ; wherefore he requireth that all might be read , the which the king granteth , and they are as followeth . that the three parts of the subsidy granted to the merchants for keeping of the sea be payed ; their fourth part shall be only imployed for defence of the realm . that all aliens may avoid the realm except denizons , men of the church , impotent persons , and dutchmen . that all lands and other profits let out for life or years by the king , or his progenitors , may be improved to a more value . that all the revenues and profits of the realm , being granted since the beginning of the parliament may be resumed into the kings hands , and reserved to the maintenance of his house , and that the outragious charges of the kings house may be speedily qualified . for sundry reasonable considerations , the king adjourneth the parliament from the . day of iune unto the quindena of s. michael then ensuing . on wednesday the quindena of st. michael being the . day of october , uuto the which day the parliament was adjourned , for that sundry of the lords and commons being called made default , and for other considerations the said parliament was continued until the friday ensuing , the which friday and saturday following● the parliament was continued until the monday ensuing . on the . day of november the commons came before the king , where sir iohn tibetott their speaker required the confirmation of his first protestation , which was granted . upon the motion of the same sir iohn , the king charged the lords and commons on their allegiances , that they should particularly enquire of the evill governments , and provide remedy therefore . the same day he required by mouth , that the castle of manlion which was the key of the three realms , and which was kept by sir charles de navar an alien , might be kept by englishmen only . that all the fines and ransoms of the welchmen may be imployed to the wars of the same . that certain castles might lie for hostages for the earl of douglas , and that the other scottish prisoners should not slightly be delivered , considering that they were the flower of scotland . the conveyance touching the crown of england expressed before under the . tit . is made void , and the same crown assured to the king , and his sons in general tail , according to the print , h. . cap. . in which limitation of the crown , among other things this clause is contained touching the dutchy of lancaster , per hoc tamen statutum sive ordinationem quoad ducatum lancastriae ejusque jura , possessiones , honores & consuetudines , cum suis pertinenciis universis ac successionem , & modum succedendi in ducatu praedict . sive in capite , sive in membris , nihil mutare , innovare intendimus , sed in omnibus pr●aemissis , & aliis quibuscunque modis & formis quib us ante hoc statum ducatus ipsi regi administrari , & gubernari solebat , antiqua jura , statuta , & consuetudines ejusdem ducatus teneri , exequi & illibate observari in posterum volumus , statuimus , decernimus , & declaramus , hoc nostro statuto , & quocunqu● alio in hoc parliamento non obstante . at this time the clergy suborned henry prince , for and in the name of the bishops and lords ; and sir iohn tibetott the speaker for , and in the name of the commons , to exhibite a long and bloody bill against certain men called lollards , namely against them that preached or taught any thing against the temporal livings of the clergy : other points touching lollardy i read none ; onely this is to be marked , for their better expedition in this exploit , they joyned prophesies touching the kings estate , and such as whispered and bruited , that king richard should be living , the which they inserted , to the end that by the same subtilty they might the better atcheive against the poor lollards aforesaid . wherein note a most unlawful and monstrous tyranny ; for the request of the same bill was , that every officer or other minister whatsoever might apprehend and enquire of such lollards without any other commission , and that no sanctuary should hold them . at the petition of thomas lord furnival , and sir iohn telham knight , appointed treasurers for the wars in an. . h. . tit . . it is assented , that certain auditors in this parliament assigned to take their accompts , shall make to them due allowance ; and that upon the same accompt , they , their heirs and land tenants shall be clearly discharged . at the request of the commons it was enacted , that no person of what estate soever should be impeached for any act done in any of the voyages of journeys in any the commissions since the kings reign , being done in the kings behalf . at the request of the commons it was enacted , that certain of the commons house should be at the ingrossing of the roll of this parliament . the speaker on the behalf of the commons requireth , that the lords of the council might be sworn to observe the articles ensuing . the arch bishop of canterbury for himself and others refuseth to swear , but offereth to do what they may . the king thereupon chargeth the same arch-bishop and others of the council , on their allegiance to take the oath ; who took the same accordingly . and further at the same request it is assented , that all others the kings officers of his houshold , and of all his courts , should be sworne to accomplish the same oath the first , that worthy councellors and officers should be appointed , and not to be removed without good proof . that no due grants be stayed at the great or privy seal . that none about the kings person do persue any suit or quarrel by any other means , then by the order of the common law. that no officer be appointed by any mediation contrary to the laws . that order may be taken for the governance of the kings house , chamber and wardrobe . that all revenues and profits of the crown and realm may be imployed to the charges next aforesaid . that no person on a pain , do receive or take by way of gift any the profits aforesaid . that two certain days in the week may be appointed for all suitors to exhibit their petitions to the king ; and that some may be appointed to receive , and give answer to the same . that no man do prefer any bill or suit to the king on any other days . that none of the council hold plea of any matter determinable at the common law. that all statutes touching buyers and purveyors may be executed that no one of the kings council shall give comfort to any suitor before determination had in full council . that no matters of council be dispatched but by full assent , unless the same require great haste ; in which cases word shall be sent to such councellors as be absent , to the end their advice may be known . the , , , , , and articles contain , that none of the kings higher officers , or other under-officers , or clerks of any of his courts , or of his houshold , shall take none other then their accustomed fees , nor that they do appoint any minister under them to do the same . that the queen do pay for the journey to the kings house , as queen philip late did . that none of the officers of the marshalsies , of the kings house , or clerk of the market , do hold any plea other then they did in the time of e. . that all the sheriffs before the election of knights of the shire , shall by open proclamation in their counties appoint fifteen dayes respite , the day and place . that all the kings great officers of every court , and of his house shall maintain the common laws . that all aliens being no denizens , do make fines by a day with the king. that the steward and treasurer of the kings house have full power to discharge the serjeants and other officers of the kings house for their misdemeanors . that the said officers and chamberlain of the kings house may execute the said offices according to the statutes of the kings house . that no officer judicial , or other minister within the kings house , or in any his courts , have none of the said offices but at will. that every of the chief officers of the kings house and courts shall make yearly due enquiries of all misdemeanors and misprisions done under them , and thereof make report to the kings council . that the array of the special assise challenged be tryed at large as in general assises , and that the sheriff do take nothing for making any pannel between party and party . that all the articles aforesaid shall only continue unto the end of the next parliament . the king for six hundred pounds , and other considerations , granteth to ralph de cuer and peter de la hay the keeping of the temporalties of the bishoprick of durham to the use of thomas langley clerk , bishop elect by provision from rome , which was before granted to iohn of lancaster one of the kings sons . where the dean and chapter of pauls , by the grant of e. . was to pay yearly to the king one thousand pounds for the custody of the temporalties of the bishoprick of london , for so long as the vacation thereof should endure ; the king granteth the same to henry bishop of winchester and others , to the use of nicholas bulbewich clerk bishop elect there by the kings gift . edward duke of york had the kings gift of the lands in glamorgan in wales , which constance le despencer held , paying yearly three hundred pounds ; the which rent the said duke purchased of the king. the wardship of the body , and custody of the lands of the heir of the lord fitzwalter was granted to the earl of somerset . sundry letters-patents were made between philip dutchess of ireland , and richard earl of oxford , touching certain mannors and other hereditaments . the castle of keventhliz , and all the mannors , regalities and appurtenances of wertheromon , kandre , cotrich , melbeneth , pilluth , knigthon , and knocklaire in the marches of wales , are granted to richard lord gray , during the minority of edmond the son and heir of roger late earl of march ; and also the wardship of the body and lands of the son and heir of iohn brightley of devon was granted to the said lord. roger deynecourt hath forty marks yearly during his life , by the cancelling of the letters-patents of richard stanhop knight , by the hands of the sheriff of nottingham . david holbath is made a denizen by the kings letters-patents , and assent of parliament . richard gabriel clerk hath during his life certain lands in iopplepenne in the town of caleshowethy in devon , to the value of forty six shillings eight pence . alexander de knight hath the wardship of the body and lands of iohn daniel the brother and heir of thomas daniel of south-hampton , holden of the earl marshal by knights service , being in the kings hands by the insurrection of the said earl. the king pardoneth to agnes , the which was the wife of thomas raliegh , seventeen pound two shillings five pence , for certain arrearages due for the lands of the heir of the said thomas late in ward . the king pardoneth to sir iohn tibetot knight in fee all the lands and hereditaments of richard ap griffith ap voethus in the counties of carmarthen and cardigan , and elsewhere in the principalities of southwales , for that he was adherent to owen glendor rebel and traitor , and also the office and keeping the forrest of wabridg and sapeley in the county of huntington , without any thing yielding therefore ; and further the king gave to him the goods and chattels of peter friswick carpenter , a felon , amounting to one hundred and fifty pounds . petitions of the commons , with their answers . the print touching liberties , &c. cap. . agreeth with the record . that no tithes be payed for any slates , or stones digged out of any quarries . tithes of the same shall be payed where it hath been used to be payed , and not elsewhere . at the request of the commons the king granteth that the statute made in his first year for the discharge of sheriffs should be kept ; and for that the same sufficeth not for their discharges , the king granteth that lords of the councel should have power by the next parliament to take order therein . that payment may be made for victuals taken by the kings purveyors from the time of his coronation . the king is willing to do the same , and that all the statutes of purveyors be observed . the print touching costs , cap. . agreeth with the record . the print touching protections for gaolers , cap. . agreeth with the record . a long motion for the decent apparreling of every particular estate , with a preview that no taylor should make any garment contrary to the form thereof . the king will thereof be advised . the print touching the inheritance of henry piercy earl of northumberland , and thomas lord bardolf , cap. . agreeth with the record . that if a juror in any venire facias is named by one sirname , and after in any judicial writs upon the same process , the sirname altogether changed where the same juror is not sworn , that thereby the process be not discontinued , the which motion was made , the like case and recovery of one thomas corson being a matter in law. the kings will is , that the justices do agree on the law therein . the print touching the purchasing of bulls , cap. . agreeth not fully with the record . that the king may enjoy half the profits of every parsons benefice , who is not resident therein . if the ordinaries do not their duties , the king will write to the pope generally to stay the grant of any pluralities . the print touching arrow-head-makers , cap. . agreeth with the record . that all persons that shall procure or sue to the court of rome any process touching any benefice , collation , or presentation of the same , shall incur the pain of the statute of provisors , made an. r. . the statutes made shall be observed touching the kings prerogative . a motion for the release of twelve pence the pound of merchandise to certain merchants of venice , which was granted . that the town of southwark , being parcel of the county of surrey , and paying ten pounds fee-farm , may be exempted from the jurisdiction of london , notwithstanding any letters-patents . the parties shall come before the king and his council , and according to their evidence shall be heard . the print touching provisions , and pardons papistical , cap. . agreeth with the record . a motion touching protections of no great value . that all manner of tuns and pipes of oil coming into this realm , may be gaged by a gager appointed , as wines be . the statutes made an. r. . shall be observed . that all such as will traverse any inquest of office found by the escheator , may have a supersedeas to enjoy his land , notwithstanding any seisure into the kings hands . the chancellor shall do according to the laws . iohn gricston and others collectors of the desms within salop , pray allowance of certain particulars which could not be collected . let them sue to the king , and to the council , and right to them shall be administred . a motion is made , that sir iohn shelton knight may be paid for mardock de fife a scotish prisoner , who was delivered at the kings commandment . let him sue to the king and council . that in the special assise between the duke of york and philip his wife , elizabeth countess of sarum , and richard lord strange of the one party , and sir hugh lutterell knight of the other party , for the castle of dunster , and other hereditaments in the county of somerset , there may none be impannelled unless they may dispend forty pounds yearly . the statute therefore made shall be observed ; and the sheriff of somerset shall be sworne to return the most able men , and least prejudicial men of his bailiwick . that good order may be taken touching the office of the treasurer of calice , which for long time hath been misused . the king by the advice of the council will take order therein . the print touching cloth-makers and cloth sellers , cap. . agreeth with the record in effect , but not in form . vide h. . tit . . that all such as he amerced in the sheriffs turns for annoyance , may be received to traverse , and to try the said presentment in the kings bench , before the said amerciaments be levied . the common laws shall therein be observed . the print touching clothes of ray , cap. . agreeth with the record , h. . tit . . the print touching commissioners , cap. . agreeth with the record . a motion touching the peers , of no great force . the print touching the lands of the earl of sarum , and sir thomas blunt knight , cap. . agreeth with the record . that all impotent persons as are outlawed by erroneous judgments , may be received to traverse the same by attorney . the justices shall have power to enquire of such distresses , and to take order therein accordingly . the print , cap. . agreeth herewith . that the restraint made by the kings letters patents therein recited , touching all licences of provision from rome , may be confirmed . the king thereof will be advised . that all such scots , or other persons as shall bring into the realm any scotish money , or gally-half-pence , shall incur the loss of life . the statutes therefore made shall be executed . the weavers of london prayed the king , that their charter granted by henry son of maud the empress for twenty marks two shillings of fee-farm , may be confirmed , so as the weavers strangers may be under their governance . h. . tit . . the council have authority to call and hear the reasons of all persons , and to do thereafter . the print touching liveries , cap. . agreeth with the record ; only the record hath these words more ; and that the beadles be from henceforth forbidden on the same pain . which note . a long motion , that david holbech , a meer welsh-man , might be a full denizen and able , and a free subject to all respects ; which was granted . the print touching election of knights of the shire , cap. . agreeth with the record in effect , but not in form . the print touching labourers , cap. . agreeth not fully with the record in effect . quod nota . the print touching payments of annuities , cap. . agreeth with the record in effect , but not in form . the merchants who were appointed to keep the seas , and have therefore the tunnage and poundage , and the fourth part of the subsidie of staple ware , as in this year doth appear , do pray allowance of the same for a certain time . the king first willeth that they be discharged of keeping the sea , and that the councel have power to make allowance . after all which answers made , the lord chancellor gave thanks on the kings behalf to the lords and commons , and so the parliament ended . reader , thou mayest observe , that the commons young speaker in this parliament took more upon him , spake more boldly and fervently to the king and lords , then any speaker did before him ; which beginning to grow into fashion , thereupon the king and lords in the parliament of h. . n. . put a check upon it , as a novelty inconsistent with the kings prerogative , as thou maist there perceive ; which made the speakers afterwards more modest , and not to speak any thing that was displeasing to the king , and if they casually did , to pray it might be imputed only to their ignorance , not unto the commons . anno nono henrici quarti . rex , &c. henrico filio suo principi walliae & duci cornubiae , &c. salutem . apud gloucest . ●o die octobris , teste rege , die augusti . edwardo duci eborum . johanni com. somerset . edwardo com. cant. edwardo de courtney , com. devon. thom. com. arundel . michaeli de la pool com. suff. rado nevil com. westmerland . ricardo com. war. richardo com. oxoniae . barth . bourchier . edwardo cherleton de powis . willielmo de clinton . mr. tho de la war. stephano le scroope de masham . willielmo roos de hamalake . hen. fitz-hugh . willielmo de ferrariis de groby . tho. morley . hugo burnel . tho. berckley de berckley . johanni de wells . rado de cromwel . rado baroni de greystock . roberto de harrington . johanni darcy . willielmo de willoughby . johanni cobham chlr. tho. nevil de halmeshire . willielmo beauchamp de burgavenney . johanni lovel de fishmerch . ricardo gray de codonore . reginaldo gray de ruthin . petro de malo lacu . willielmo la zouch de harringworth . ricardo seymore . tho. camois . johanni tutchet . hen. de bello monte . johanni de latimer . ricardo le strange . roberto poinings . gilberto talbott . thomae erpingham custodi quinque portuum . anno nono henrici quarti . the parliament holden at gloucester , the . of october , i● the ninth year of king henry the fourth . on thursday the . of october , for that sundry of the commons house upon calling made default , the parliament was continued until the monday ensuing . on monday the . of october , the archbishop of canterbury chancellor of england , by the kings commandment , in the presence of him , the lords and commons , declared the cause of the same assembly , and for his theme took these words , regem honorificate : and thereby for three causes approved that the king ought to be honored . first , for that the king by maintaining the liberty of the church honored god , and therefore ought to be honored . secondly , he ought to be honored for his great care towards his subjects , as well in the observation of all laws , as for the defence against the forein enemies . thirdly , for that since the time of his coronation he shewed favor and pardon to any offendor that craved the same . he further sheweth , how in necessity every member of mans body would seek comfort of the head as the chief , and by application turned the same to the honoring of the king as the head . he further willeth them the same afternoon to choose their speaker , and to present him the next day to the king ; and further to consider the rebellion of the welsh-men , the safe keeping of the sea , the defence of guienne , calice , and ireland , and the marches of the north , and how by their aid the same might be defended : receivers of petitions for england , ireland , wales , and scotland . receivers of petitions for gascoin , and other places beyond the seas , and of the isles . tryers of petitions for england , &c. as above . tryers of petitions for gascoin , &c. as above . on tuesday the . of october the commons presented their speaker thomas chawcer , who after excuse of himself made , and affirmation of him , he made the common protestation , which was granted . on wednesday the . of november , the comons came before the king , where the said speaker repeated his former protestation , and began to rehearse the grant of the subsidies , and the oaths of the lords for the disposition of the same . whereunto the chancellor answered , that no accompts were made to the commons for the disposition aforesaid ; and that the lords having little thanks thereof , would by no means take the like oath again , whereof the king on his request held them excused . after which the said speaker made great complaint against purveyors : whereto the steward and treasurer of the kings house answered , that upon special grant the same shall be remedied . this done , the said speaker presented a bill on the behalf of sir thomas brook against william widecombe ; upon the reading of which ; the same speaker required judgment against the same william , whereof advice was taken , and the said william bound in l. to hear his judgment in the chancery . on monday the . day of november , upon the coming of the commons before the king and lords , the speaker shewed the great discommodity for not keeping the sea , and for that such as had lands in the marches of wales dwelled not thereon , and prayed due consideration thereof ; the which was promised . at the request of the same speaker , certain lords by name were appointed to confer with the commons . touching the request of the merchants made in the last parliament , tit . . the king granteth that richard oliderow late admiral for the south and west be allowed l. to him due , and that he be discharged of all accompts . at the request of the commons , the king grante●h to thomas sye and iohn camby the priory of hinkley , being two aliens , during the wars , for the yearly rent of l. a long circumstance is made for words and displeasure taken between the lords and commons touching the grant of a subsidy , the . day of november : for the appeasing , whereof , on friday the last day of this parliament , this order was taken , viz. that in all parliaments , in the absence of the king , it should be lawful as well to the lords by themselves , as to the commons by themselves to debate of all matters touching the realm , and of the remedies , and not to disclose the same to the king before a determination thereof made , and that by the mouth of the speaker . the which order was made , for that part of the aforesaid displeasure arose by the means , that in the question of the subsidy , the lords made the king sundry times privy thereto , and brought answer therein from the king ; upon which the commons answered , that the same was agai●st their liberties . on the same last day of the parliament the speaker required , that the commons might depart with as great liberty as they had done heretofore ; and that sufficient means might be found for the keeping of the seas , and resistance of the welsh men . the speaker also in the behalf of the commons prayed the king to give thanks to the prince for his great travels in wales , for the which as well the king as the prince gave thanks to the commons ; after which the prince kneeling before the king purgeth the duke of york of certain disloyal reports aga●nst him uttered , by affirming him in open parliament to be a true and loyal knight . the same speaker moved the king to advance his sons the lords , thomas , iohn , and humfrey to some honourable names , and livings , and to charge the lords marchers of wales , to keep their castles , and other fortresses . the lords and commons granted to the king one desme and half , and the like subsidie for staple , and other merchandize for two years , as in the last parliament . in consideration of the subsidies aforesaid , the king promiseth that for two years then ensuing he will require no other subsidies , or other charge of his subjects , and for more assurance thereof , willeth the same to be enacted , so as every man that would might have a copie thereof . the king willeth that all men be payed their annuities according to their deserts , notwithstanding the statute made in the last parliament , tit. . petitions of the commons , with their answers . the print touching the church , cap. . agreeth with the record . at the petitions of the citizens of london the king granteth that they shall enjoy all their liberties , notwithstanding the act made in the last parliament , tit. . by which it is to be noted , that the act made as a●oresaid is revoked . that the kings letters patents made to the university of oxford , that they should not for any felony answer before any other judge then before their steward , &c. may be revoked , considering that the same is in derogation of the kings regality , and breach of the liberties granted to the citizens of oxford , vide h. . tit . . the kings councel by advice of the judges have power to examine , and to take order herein untill the next parliament , during which time the said new liberties granted shall be suspended . that all sheriffs upon their oaths may be allowed in the exchequer . the kings councel upon every particular declaration power to take order therein . that in actions personal the defendant may be received to wage his law , and that the plaintiff be not non-suited therein . the king thereof will be advised . that all kendall cloaths and others , whereof the dozen passeth not thirteen shillings four pence , may be sold without the alneagers seal . the king will be advised . the print touching kendal cloathes , cap. . agreeth with the record . that whereupon the suggestion of merchant strangers sundry commissions were directed , whereby many marriners were unduly punished , the like be not from henceforth granted , nor the marriners put to answer other then at the common law. the king will thereof be advised . that none do sue to the court of rome for any benefice but only ●n the kings court. the king thereof will be advised , only the councel shall have power between this , and the next parliament to take order therein . the print touching felonies in south-wales , cap. . agreeth with the record . it is enacted , that every felon in vvales , flying to any other lordship , be from thenceforth delivered to the place where he committed the felonie there to be tryed . the commons of herefordshire pray remedy against the evill customes of the officers of the forrests of ewayston , namely for taking their cattel coming thereto as a forfeit . the old good laws and customes shall be observed , and the contrary forbidden by a writ under the privie seal . they require that upon pursuit of welsh theeves , they may by the welchmen be aided therein , the which the king charged the lords marchers to cause their tenants to do . the print touching the disclaiming of welsh theeves , cap. . agreeeth with the record in effect , but not in form . touching the statutes of provisions from rome , expressed in the print , cap. . there is no such mention made in the record ; onely it is enacted , that the popes collectors should not from thenceforth levie any money within the realm , for first-fruits of any ecclesiastical dignities , as due by any provision from rome , on pain to incur the penalty of the statute of provisors , which the print hath not , and is therefore well to be noted , vide postea , tit . . the burgesses of the town of melcomb in dorset , considering their great spoils , required for certain years to be discharged of their fee-farms of eight marks , and of all desmes and fifteens , the which request the king committeth to be enquired of , and returned into the chancery , and there to have order taken therein . vide h. . tit . . upon the petition of the commons of chester , it is enacted , that the prince of wales , earl of the same , shall enjoy all the liberties , and namely touching adjournments in pleas , that in certain pleas there expressed , such adjournments might be made without giving any day , or entring the same in the record . that upon the seizure of the lands of all such welchmen as be , or shall be attainted , and grant of those lands by the king , the services therefore due to other lords may be thereupon reserved . the king thereof will be advised . that the king will license all manner of persons to passe over the seas , and to purchase the prior aliens any of their possessions , paying to the king reasonable fines for the confirmation of the same . the king will thereof be advised . the print touching the taking of assizes , cap. . agreeth with the record . the burgesses of the town of lyme in dorset pray , that in consideration of their great destructions , they might enjoy the same town forty years for the yearly feefarm of five pounds , and for thirteen shillings four pence for every grant of desms and fifteens , according to an extent thereof returned in the chancery . vide h. . tit . . there is granted to the kings council full au●hority to examine this petition , and the return aforesaid , and to take order therein . the print touching clothes , cap. . agreeth with the record . the burgesses of shrewsbury shew many causes of their impoverishment , and require therefore to be discharged of desms . the king will be thereof advised . the burgesses of denelchester in the county of somerset pray to be discharged of their fee-farms of thirty pounds , and only to pay eight pounds therefore ; or else to have restored to them parcel of the same town , and the hundred of staine , which was granted away by king iohn . the council upon examination of this , and of the commission granted in the time of r. . shall take order therein . the print touching the levying of desms and fifteens , cap. . agreeth with the record in effect , but not in form . the inhabitants of the town of stock and other towns in the isle of harling in the county of southampton , pray that the kings letters-patents to them granted may be confirmed , viz. that all the inhabitants of the isle aforesaid should every fifteen pay only l. s. d. q. and so ever or under , according to the rate . the which the king confirmeth . the burgesses of great yarmouth pray , that to every grant of a desme they may pay forty pounds for twenty years , albeit they did always pay before one hundred pounds . the king will thereof be advised . the print touching provisions from rome , cap. . agreeth with the record . anno vndecimo henrici quarti . rex &c. henrico filio suo principi walliae &c. de bristol , quindena hillarii tenend . apud west-monasterium die decembris , ut ante , excepto quod barthol . bourchier omittendus est , in loco suo johannes talbot dom. furnivall ponendus est , similiter willielmo de willoughby omittendus est . edwardo duci eborum . johanni com. somerset . edwardo de courtney , com. devon. thom. com. arundel . michaeli de la pool com. suff. rado nevil com. westmerland . ricardo com. war. richardo com. oxoniae . johanni talbot de furnivall . edwardo cherleton de powis . willielmo de clinton . mr. tho de la war. johauni de oldcastle chlr. henrico le scroope de masham . willielmo roos de hamalake . hen. fitz-hugh . willielmo de ferrariis de groby . tho morley . hugo burnel . tho● berckley de berckley . johanni de wells . rado de cromwel . rado baroni de greystock . roberto de harrington . johanni darcy . tho. nevil de halmeshire . willielmo beauchamp de burgavenney . johanni lovel de fishmerch . ricardo gray de codonore . reginaldo gray de ruthin . petro de malo lacu . willielmo la zouch de harringworth . tho. camois . hen. de bello monte . johanni de latimer . ricardo le strange . roberto poinings . gilberto talbott . henrico principi walliae , custodi quinque portuum . anno vndecimo henrici quarti . the parliament holden at westminster , the quindene of hillary , in the eleventh year of king henry the fourth . on monday the twenty seventh of ianuary , being in the quindene of hillary , for that there was then no chancellor , the bishop of vvinchester the kings brother , in the presence of the king , lords , and commons , declared the cause of the said parliament , and namely , that the king would that holy church , all persons and corporations should enjoy all their liberties . he then took his proposition , decet nos implere omnem justitiam , and shewed that the parliament was summoned for two causes ; the first , for the inward government , as for the due observation of laws ; the second , for outward governance , and defence against the forreign enemy , wherein he touched how the duke of burgundy , ( who then was governour of france ) meant by all force to besiege callis , and to enjoy the realm . and among other things he touched two kinds of government , namely , jus regiminis , & jus subjectionis ; allowing jus regiminis to be better , according to the answer of aristotle to king alexander , who being demanded in what wise the same alexander might most strongly fortifie the walls of a new propugnacle , or frontier town , answered , that the most assured walls were the hearty good will of his subjects , and obeisance to laws . he then sheweth that all true subjects ow to their soveraigns three chief points , viz. honour and obedience , reverence and benevolence , and hearty assistance . and for that the present necessity required ready assistance , and speedy dispatch the king had called this assembly for a full consultation , the which he wished might redound to the glory of god , honour of the king , and safety of the whole realm , to which end he willed the commons to go to the election of their speaker , and to present him to the king the next day . receivers of petitions for england , ireland , wales ; and scotland . receivers of petitions for gascoin , and other places beyond the seas , and of the isles . tryers of petitions for england , &c. as above . tryers of petitions for gascoin , &c. as above . on wednesday the twenty eighth of ianuary , the commons coming before the king , presented to be their speaker thomas chaucer , after whose excuse therein made , he was willed by the king to take the same upon him : after which , he made the common protestation , the which the king by his own mouth granted , adjoyning thereunto , that sith as well the lords as the commons were come to unity , be doubted not that they the said commons would speak any unfitting words , or attempt any thing to the contrary . on wednesday the seventh day of february , at the request of the commons , the assizes were prorogued by the king during the parliament . on saturday the tenth of february , the commons came before the king and lords , and requested couching lollard● which they had before delivered , so as nothing was therein acted ; whereto the king of his good will for that time granted , so as the same should remain as no example . on saturday the fifteenth of march being palm sunday week , at the request of the commons , the parliament was adjourned untill the quindene of easter then folowing , being the seventh day of april , at which quindene the parliament re-assembled . certain requests of the commons , with their answers . the king granted that certain of the most learned bishops , worthy lords , and others shall be assigned to be of his councel , and that they , and all the justices shall be sworn to give good councel , and upright judgment . they granted that such as propounded lately untrue indictments in the kings bench , shall be duely punished if they may be known . the king promiseth convenient payment for victuals taken by purveyors . that the king will grant commissions of oyer and terminer to punish riots in northumberland , westmerland , yorkshire , stafford , derby , and nottingham . the statutes therefore made , and not repealed , shall be kept . such as have castles and towns over the marches of scotland , shall furnish them with all necessaries , and keep there in proper person . all such statutes touching wales shall be observed , and all such persons as have castles and towns , or lands in wales , have promised for one year to furnish the same , and to keep thereon in person . the king will provide for the safe keeping of the seas , and will take truce with the enemie , as to him shall seem best . the revenues of the kings dominions beyond the seas shall for three years be imployed upon the souldiers there , and no such officer there , as is immediatly accomptable to the king , shall have the same by patent during life . the king granteth that no hereditaments , or other profits of the crown , except offices , and bailiwicks , shall be granted to any person ; and if they be to be voided , except certain recompence be made to the queen , to the kings sons , to the duke of york , and to the lord grey . the statutes made touching the courts of the cnnstable , marshal , and admiral of england , shall be observed . the king granteth that no customer , comptroller or searcher do keep any oastery for any merchant , on grievous pains , fine and imprisonment . the print agreeth herewith ; in which it is to be noted , that in the year of king r. . t●e subsidy and custom of wools came to one hundred and sixty thousand pounds over and above poundage , tonnage , alnage , pellage , &c. all men shall pay custom of remnants of cloth , of what making or fineness so●ver , according to the rate of whole cloth , on pain there limited . the print , cap . agreeth with the record . the print touching exchange of money , cap. . agreeth with the record . none of the kings chief officers there named , or judges shall take any bribe or reward , on pain to answer treble to the king. to which in the margent it is written , respectuatur per dominum principem & consilium . that all such persons as shall be arrested by force of the statute made against lollardy , in h. . may be bailed , and freely make their purgation : that they be arrested by no others then by the sheriffs , or such like officers ; neither that any havock be made of their goods . the king will thereof be advised . the king granteth , that such subsidies as shall be in this parliament granted shall be imployed according to the grant , and not otherwise . the king granteth , that all strangers who are to come into the realm except merchants , shall protest to live and die in the kings quarrel , shall serve in the wars if they be able , shall not be lodged but in english-mens houses , neither that any of them shall be brokers , and no broker shall be a merchant to his own use . it is enacted , that three parts of the subsidy of woolls shall be imployed upon the defence of calice , the castle there , the new tower on rochbank , and of the marches of calice , and to the paiments of certain debts there . a wise division in what wise the said parties should be imployed . the print touching indictments , cap. . agreeth with the record ; only there wanteth in the print [ duly ] to go before [ returned : ] note well . which sir iohn trebiel knight , imprisoned in the tower for taking a french ship in the time of truce , and brought to his answer , at the first began to justifie the same ; in the end he confessed his fault and craved pardon ; upon which the king at the request of the lords and commons granted unto him pardon , so always as he should satisfie the losses to the parties . iohn bartram of northumberland sheweth , how robert de ogle knight gave to him in tail general the castle and mannor of bothel with the appurtenances in the same county , and how the terre tenant was se●sed of the same , until robert de ogle knight , son of the said robert with two hundred men dispossessed and kept him therefrom ; whereunto he prayeth restitution . at whose request it was enacted , that a writ should go down to the sheriffs of northumberland to take all the promisses with all the goods therein and the same safely to keep , with proclamation at the gates of the same castle to will all therein to depart , and also to charge the said robert at a certain day to answer in person at westminster , as well to the king , as to the said iohn . sundry long complaints of riots and misdemeanors done by hugh erdiswick , thomas de swinnerton , thomas stanley , william egerton , iohn kingley , william venables , iohn mayners , william mayners , thomas mayners , vvalter gilbert , henry gilbert , iohn gilbert , hugh del hollins , iohn del hollins , iohn delves , and hugh damport in the county of stafford . whereupon order was taken , that a writ should be awarded to the sheriffs of stafford to apprehend them , returnable at a day certain in the kings bench ; upon which if they appear not , then to take their bodies , to seise their lands and goods to answer the same before the justices of the kings bench , to whom authority was given to end the same . on wednesday the second of may , upon the earnest request of the commons , such lords as were appointed to be of the kings council were declared , all who with the justices were sworne to do justice ; only the prince being one of them , for his worthiness was not sworne . at the request of sir vvalter hungerford , who was found faulty for certain wastes done in the priory of farley , whereof he had the custody , who meaning to traverse the office , required that the sheriffs should return none upon the same , unless he might dispend twenty pounds yearly ; the same was granted . iane queen of england requireth , that her dower made by the kings letters-patents may be confirmed by parliament , and that recompence may be to her made , if any part thereof were recovered from her , or seised into the kings hands . the which was granted . richard de hastings sheweth , how ralph de hastings his brother , who was attainted and beheaded for certain treasons in the sixth year of the king , dyed without issue ; and prayeth to be restored as well to his blood , as to all such lands as the said ralph had at the day of his death , without any further suit . the which by whole assent of parliament was granted . vvilliam doyley and isabel his wife , as in the right of the said isabel , cousin and heir of christian cheney , &c. maketh title to the manor of hinton next berkley in northampton , and to the advowson of the same , and sheweth how they were by sundry wrongful means kept from the same , and sheweth how they were by sundry wrongful means kept from the same by the lord lovell . whereupon the king named seven knights , and eight esquires ; and so it was enacted , that the sheriffs of northampton return twelve of them in an assise between the said parties , wherein the lord lovell should use no delay . on wednesday the ninth day of may , and the last day of the parliament , the speaker required the certain knowledge of the councellors names , upon which two were changed . after which the speaker recommended to the king the persons of the queen , the prince , the lords thomas , iohn , and humfrey , the kings sons , and prayeth their advancement ; for the which the king thanketh them , and promiseth satisfaction with opportunity . the commons , with the assent of the bishops and lords , grant to the king the like subsidy as in an. : h. . tit . . so as express mention were made of the same , provided of their own good wills ; whereof they gave twenty thousand marks to the king to dispose of at his will. petitions of the commons , with their answers . sundry counties by particular petitions require that their sheriffs may be discharged of their accompts in the exchequer upon their oaths , according to a statute made in the first year of king edw. . to all which was answered as followeth . let every such sheriffs as are grieved yearly shew the same upon their accompts unto the council , and they shall have power to moderate the same . that all heirs holding of the king by knights service , may at their full age by a writ de aetate probanda out of the chancery traverse their ages , notwithstanding any inquest of office , and that they may have livery of their lands accordingly . it shall be as heretofore . at the request of the commons it was granted , that the mayor , sheriffs , and commonalty of norwich shall for certain years have survey of measuring all manner of worsted made as well within norwich as in norfolk wheresoever , and that none be sold without their seal , for the which they shall take a halfpenny ; and that such as keep not measure shall be forfeited , the one half to the king , the other half to them . in which grant you may see all terms , makings , and quantities of all manner of worsteds . that certain letters-patents made , whereby certain men exacted of every cloth made , and above the alnage , certain money called the measuring money , may be revoked . the statute therefore made in e. . shall be observed . upon the like motion as an. h. . tit . . the king granteth that the council shall call before them the chancellor of the university of oxford , and shall have power to confirm or revoke any their liberties which are unlawful . at the request of the burgesses of truro in cornwal , the king granteth that during ten years , in all grants of desms and fifteens , they shall only pay fifty shillings , where before they paid twelve pounds and twenty two pence . certain counties of the north require , that the admiral may appoint a deputy for the north. sufficient remedy shall be provided therein . upon the return of the commission on the behalf of the burgesses of melcombe in dorset expressed in h. . tit . . the king granteth that for ten years they shall pay only twenty shillings for feefarm , as six shillings eight pence for their desmes , where before they paid nine pounds nine shillings . that the treasurer and barons of the exchequer in traverse of inquests of office may grant of the same nisi prius returnable in any of the benches , or county . the statutes therefore made shall be observed . the burgesses of ly●e in dorset have granted to them according as is contained in h. tit . . where before their fee-farm was thirty two marks , and where they also paid to every desme eight pounds ten shillings . that the town of hatch , otherwise called vvest-hatch in somerset , may be discharged of thirty one shillings two pence exacted of them for a desme , by a mistaking of the same . in regard that the exchequer hath a record touching the same , the barons of the same shall have power to end the same . at the petitions of the citizens of winchester , the king granteth , that within the same city they may purchase lands and tenements to the cleer yearly value of forty marks . certain counties pray , that certain wears and stanks fixed in the river of avon from a time , may be laid open upon a pain . the statutes therefore provided shall be observed . the print touching the election of the knights of the shire , cap. . in full effect agreeth with the record . the print touching common hosteries , cap. . in full effect agreeth with the record . a long complaint against the usurpation and exactions of the admiral and his court , and request to have the same amended . the statutes therefore made shall be observed . the print that the justices of assise should deliver all their records into the treasury , cap. . agreeth with the record . it is enacted , that the justices of both benches should appoint a certain number of attornies for every county , more then whom none should practise on the pain following ; and that the same attornies should be every term sworne to deal faithfully and truly , for the breach whereof they should be imprisoned for one year , and make ransom at the kings will ; the prothonotaries and filicers upon conviction to abide the double pain . vide h. . tit . . on which grant is indorsed , viz. respectuatur per dominos principem & concilium . that no custom be paid for the little or great seal of any kersies , frizes , or such cogware . as heretofore it hath been . the print forbidding unlawful games of servants and labourers , cap. agreeth not fully with the record , quod nota . iohn cowley of bridgwater prayeth , that he may take letters of mart and privy seal of all french-mens goods having no safe-conduct of the king to a certain value , for certain his ships and other goods taken by the french in the time of truce . upon his suit to the king he shall have such letters requisatory as are need●ul ; and if the french do refuse to do him right , the king will then shew his right . the like request and answer , as h. . tit . . the print touching gally-halfpence , cap. . agreeth with the record . the print touching cloth-making , and the office of aulnager , cap. . agreeth with the record in effect , but not in form . that the half profits of their benefices who be not resident thereupon , may be imployed to the kings use . there was a remedy provided in the last convoca●ion heretofore . at the request of the mayor and commonalty of oxford , who pay to every desme eighty pounds fourteen shillings eleven pence , it was enacted , that all lands belonging to the church being within the same town , being purchased since the . year of e. . should contribute to all desmes and fifteens . a motion was made , that none should be impleaded in court christian for any temporal contract , on pain of imprisonment and fine at the kings pleasure , and amends to the party grieved . the common law shall therein he observed . thomas chawcer chief butler to the king , sheweth what prizes of wines the king ought to have of every ship ; and also declareth how the king was much deceived thereof , for that the citizens of london being exempt from the same , did use notwithstanding for money to make strangers free thereof . the king will send for the citizens therefore ; and further willeth that none shall enjoy any such liberty , unless he be there a citizen resident and dwelling . anno decimo tertio henrici quarti . rex &c. henrico filio suo principi walliae &c. salutem apud westmonasterium in crastino omnium sanctorum . teste rege apud westm. vicesimo primo die septembris . edwardo duci eborum . edwardo de courtney , com. devon. thom. com. arundel . michaeli de la pool com. suff. rado de nevil com. westmerland . ricardo com. warr : richardo com. oxoniae . hugoni stafford . edwardo cherleton de powis . willielmo de clinton . mr. tho de la war. johanni de oldcastle chlr. henrico le scroope de masham . willielmo roos de hamalake . hen. fitz-hugh . willielmo de ferrariis de groby . tho morley . hugoni burnel . tho. berckley de berckley . johanni de wells . rado de cromwel . rado baroni de greystock . roberto de harrington . johanni darcy . tho. nevil de halmeshire . roberto de willoughbie . johanni lovel de fishmerch . ricardo gray de codonore . reginaldo gray de ruthin . petro de malo lacu . willielmo la zouch de harringworth tho. camois . hen. de bello monte . johanni de latimer . ricardo le strange . roberto poinings . gilberto talbot . johanni talbot de furnivall . johanni clifford . no lord warden in this roll. anno decimo tertio henrici quarti . the parliament holden at westminster , the day after all saints , in the thirteenth year of king henry the fourth . on wednesday being the next day after all saints , and the third day of november , the commons were called in the presence of the steward of the kings house according to the order . after which , thomas beauford the kings brother , and chancellor of england , by the kings letters patents there read and enrolled , began , prorogued , and continued the same parliament until the wednesday following . on the said wednesday , the said chancellor by the kings commandment , in his presence , and in the presence of all the lords and commons declared , how that the parliament was called for three causes ; namely , for the good governance of the realm , due execution of laws , and defence of the realm , with the keeping of the seas . he then sheweth , to the good governance of the realm belonged trusty councel without affection , and due obeysance without grudging . to due execution of laws did appertain sincere keeping of the same , and speedy redress for fear of abusion : to the defence of the realm , they needed hearty and willing releiving of the king in his distresse , and discreet and speedy provision ; for all which causes they were assembled . he further pronounceth how the kings pleasure was , that the church , all persons , and corporations should enjoy their liberties , and for better expedition herein , he willeth the commons by going together to chuse their speaker , and the next day to present him to the king in full parliament . receivers of petitions for england , ireland , wales , and scotland . receivers of petitions for gascoin , and other places beyond the seas , and of the isles . tryers of petitions for england , &c. as above . tryers of petitions for gascoin , &c. as above . on tuesday the fifth of november , the commons presented before the king and lords thomas chaucer to be their speaker , who having no allowance of his excuse , prayed that he might speak under protestation , whereunto they granted that he should speak as others before had done ; so as the king would therein have no novelty , and yet would also enjoy his prerogative . the speaker desired respite to answer by saturday following in writing , which was granted with such protestations as others before had , and that whatsoever he should speak to the kings displeasure might be imputed to his ignorance only , the which the king granted . the commons by the assent of the bishops and lords , granted to the king for one year the like subsidy of tunnage , and poundage , as in the last parliament , tit . . so always as the same should be confessed to proceed of their own good will , and not of duty . they also grant that every person having twenty pound land , above all charges , all pay six shillings eight pence that any person hath ; except lands purchased in mor●main , before the twentieth year of e. . and of all lands purchased in frank-almoin , since the said twentieth year . on monday the last day of november , the speaker in the name of the commons , prayed the king to give thanks to the prince , and others appointed to be of the kings councel in the last parliament , the which the king did , and namely , for well imploying the treasure in the same parliament granted . william lord roos of hamalake complaineth against robert thirwit one of the justices of the kings bench , for with-holding from him , and his tenants of his mannor of melton le roos in lincolnshire certain common of pasture , and of turbary or turf in warbie in the county of lincoln aforesaid , and for lying in wait with the number of five hundred men for the lord roos . sir robert thirwit before the king confessed his fault , and craveth pardon , offering further to stand to the order of two lords of the kindred of the said lord roos such as he should chuse , whereto the king agreed , the lord roos chose the archbishop of canterbury , and the lord grey . the said archbishop and lord grey chamberlain to the king make a long award , leaving the right of the common aforesaid , to the determination of william gascoin chief justice , and further it was enjoyned to the said sir robert that at a day certain he should prepare at melton roos aforesaid , two tuns of gascoin wine , two fat oxen , and twelve fat sheep , and other preparation fit therefore , and that he should bring thither all such knights , esquires , and yeomen as were of his aforesaid crew , where they all should confess their faults to the said lord roos , and crave pardon , and further offer to the said lord roos five hundred marks in recompence . and that the said lord roos should refuse the same five hundred marks , pardon them , and take only the dinner aforesaid . thomas archbishop of canterbury by a long instrument in latine sheweth , that how in the time of r. . the university of oxford had purchased a bull to be cleerly exempt from the visitation of the said archbishop , to the end they might the better support hereticks , and lollards , and how that the said king richard took order that they should be subject to the said archbishops visitation notwithstanding the said bull. he further sheweth , how in this kings time he was disturbed of the visitation aforesaid by richard courtney the chancellor , by bennet bret and iohn birch then procurators of the said university ; and how that by their submission to the kings order , it was by him in the chancery decreed , that the said whole university , and all orders , persons , and faculties in the same should be fu●ly subject to the visitation of the said archbishop and his successors , and to his and their officers : and that as often as the said archbishop or his successors , or his or their officers were thereof by the said chancellor interrupted , their said liberties should be seised into the kings hands , until the said archbishop were thereto restored : and further , that for every time of such interruption , the said chancellor or other officer should be bound to pay to the king one thousand pounds . all which articles and orders , at the request of the said archbishop , were confirmed by whole assent of parliament . by this it most manifestly appeareth , that even in these days the princes prerogatives were nothing subject to the popes primacie ; for then would not this archbishop , the popes fosterer and adopted son , have so neglected the popes bulls , which he ( as by this may appear ) took to be meer bulls and bubbles . the erection of the colledge of our blessed lady s. mary , and of all saints in fotheringhay in the county of york , with all the lands and liberties wherewith the same was endowed by the kings letters-patents there at large , is confirmed by whole assent of parliament . iohn de lumley knight is restored to his blood , and to be son and heir to thomas de lumley , and brother and heir to thomas de lumley to the said ralph , and brother of the said iohn , notwithstanding any judgment of treason against them had . and so is restored to all the hereditaments of the said ralph and thomas , or any others to their uses the day of their deaths had ; into all which lands he might enter , without any other pursuit . in the like form william de lasinby is restored to his blood , and to all his hereditaments , notwithstanding any judgment of treason against him had . in the like sort ralph green esquire , son and heir of henry green and of maud his wife , is restored in blood unto all the hereditaments of the said henry and maud ; the which henry was put to death at bristoll , in the . year of r. . certain of guienne remaining in the realm , and thereby reproached of the english as aliens , pray that by open proclamation throughout the realm they to all intents be enabled subjects as english men be , and that all such injuries may cease . the which the king by the assent of the bishops and lords doth grant . see e. . stat. . de natis ultra mare . at the request of the abbot of fourneys it was fully enacted , that he might make attornies in any plea for any matter in craven within stamlis-wapentake , and frendies-wapentake in the county of york . at the request of iohn calvile it is enacted , that the advowson of the parsonage of newton should be appropriated to the guardian and captains of the chantry of our lady of newton , without any vicar to be endowed thereupon . on saturday the . day of december , being the last day of the parliament , the speaker required of the king in the name of the commons then present there , to know his meaning touching an article made in the last parliament . who answered , that the same was to be as free in his prerogative , as his progenitors were . whereunto the commons assented , and so the king in parliament revoked the article aforesaid . the same day the lords and commons by their petition seem to lament , for that the report went , that the king was offended with some of the house for matters done in this , and the last parliament ; whereby they require the king to embrace them as his loyal subjects . whereto the king of his meer grace granteth . on the same day the speaker recommending to the king the persons of the queen , of the prince , and of other the kings sons , prayeth the advancements of their estates . for the which the king giveth hearty thanks . after which the petitions being answered , the chancellor by the kings commandment gave thanks to the whole estates , and ended the parliament . it is enacted , that the mint-master within the tower of london , and all other minters by the kings grant may , during two years , of every pound of gold of the tower-weight coin fifty nobles of gold , and of the like pound of silver coin thirty shillings sterling ; so as the same gold and silver be of as good allay as the old coin was . petitions of the commons , with their answers . the print touching the church-liberties , &c. cap. . agreeth with the record . certain counties by particular complaint pray the king that their sheriffs be not surcharged with more then they can levy . to whom answer was made as followeth . let every sheriff being grieved shew the same to the king , and he shall shew such pardon as shall be seen . that no man accompting in the exchequer , and having his quietus est , be not after called to accompt , unless there be therein found concealment or false allowance . the king will be thereof advised . the like motion is made as in an. h. . tit . . whereto answer is made , that the king will be advised . that no licence be granted to transport woolls , or any other commodities belonging to the staple , other then at calice . the king will ●orbear to grant any licence for woolls growing on this side the water of coket , so always as the men of berwick may pass woolls growing beyond the said water . the print touching justices of assise , cap. . agreeth with the record . that merchant strangers may be demeaned within the realm , as english merchants are in flanders , viz. that no such merchant be lodged other then in some notable english house , that he buy no other merchandise then his hoast may see , and that he make off his merchandse within forty dayes after the same be brought into the realm , and that amongst them be no broaker , other then englishmen enfranchised . certain lords shall be appointed to peruse the statutes between this and the next parliament , and therein to give their advice . that all merchants may freely transport any staple merchandise , so they passe the straights of morocco . the king thereof will be advised . it is enacted , that pepper shall be sold for twenty pence a pound , in whose hands soever the same shall be found . the print touching liveries , cap. . doth not fully agree with the record . the commons of northumberland pray , that justices of assize may once yearly come into the same county , that the sheriffs and coroners may yearly yeeld to them their presentments , that enquiry may be made of maintainers , and that no money be carried into scotland . certain justices shall be assigned to make their inquisitions as need shall require , and the statutes therefore made shall be observed . the inhabitants of the town of sutton prior , and sutton vantort , otherwise called plymouth , pray that they may be incorporated by the name of mayor , &c. and that they may have certain customes for certain years there expressed . let these suppliants compound with such lords as have liberties thereunto adjoyning , and thereof make report at the next parliament , and they then shall have reasonable answer . that the officers of glocester , worcester , and bridgenorth , do exact no impositions for any wares , passing upon the river of severn . the king thereof will be advised . certain frontier-counties on the marches of wales complain against the manifold robberies , and other extortions of the welchmen , and for redress pray three articles to be enacted . the king thereof will be advised . that certain impositions newly made upon cloaths and canvas , called the measurage by certain , under the colour of their letters patents , may uterly be revoked . the statutes therefore provided shall be observed . the print touching cloth-making cap. . agreeth not fully with the record , and namely in the recital . the print touching customers &c. cap. . doth not fully agree with the record . iohn swallow , thomas allen , and iohn lane citizens of london , pray a writ of procedendo against philip birchford and vvilliam curson who prayed aid of the king touching certain lands late of william atmil jeweller , supposed to die without heir . the king thereof will be advised . the citizens of bristow and glocester pray , that they may passe the river of severn with any their merchandise in drags , and boats , paying their due customes without any new taxes to be levied by the men of beaudley . as heretofore it hath been . that all officers of wales do arrest the next cousins of all rebels , theeves or evil doers of the welch , untill these malefactors do yeeld their selves , for that they by such kinsmen are only supported . the king will thereof be advised . the clerks and attornies of both the benches pray the revocation of a statute made in the h. . tit . . which motion approv●th that the same was an act notwithstanding the respectuatur mentioned in the said year of . quod nota . the just●ces of both the benches shall herein consult , and of many other mischiefs in their said courts , between this and next parliament , and thereof make their report . anno primo henrici quinti . rex , &c. charissimo fratri tho. duci clarentiae , & com. albemertiae , apud leicestriam vicessimo nono die ianuarii . teste rege apud westm. primo die decembris . edwardo duci eborum . edwardo courtney com. devon. thom. com. arundell . ricardo com. westmerland . edwardo com. marchiae . ricardo com. warr. tho. com. sarum . johanni com. marescallo . michael de la pool com. suff. ricardo com. oxoniae . edwardo cherleton de powis willielmo de clinton . magistro tho. de la warr. he●● . le scroop de masham . willielmo roos de hamelake . hen. fitz-hugh . willielmo de ferrariis de grobie . tho. morley . hugoni burnell . tho. berkley de berkley . johanni de welles . radulpho cromwell . radulpho baroni de graystock● tho. de dacre de gilsland . roberto de harrington . roberto de willoughbie . johanni lovel de fishmerch . ricardo gray de codonere . reginal . gray de ruthin . petro de malo lacu . tho. camois . willielmo la zouch de harringworth . willielmo de botreaux . johanni latimer . ricardo strange . roberto poynings . gilberto talbot . johanni clifford . johanni talbot de halmeshyre . noe lord warden . prorogatum parliamentum de leicest . de vicesimo nono die januarii usque ad ultimum aprilis ibidem tenend . ut ante in omnibus . rex , &c. tho. fratri duci clarentiae &c. apud leicestriam ultimo die aprilis , & teste rege apud leicestriam vicessimo nono januarii , numerus & ordo nobilium in omnibus ut ante . the parliament holden at westminster in the third week of easter , in the first year of king henry the fifth . on monday the fifteenth day of may and the monday in the third week of easter , the king sitting in his chair of estate , then attending on him the bishops , lords , and commons , the bishop of winchester being the kings uncle , and chancellor of england , by the kings commandement uttered the cause of the same parliament ; namely , that the church , and all persons , and corporations should enjoy their liberties , and also for that he desired to consult with them . and hereupon he took for his proposition , ante omnem actum consilium stabilire : and so by many notable authorities shewed , how that the king much desired to hear their good advise and counsell . first , for the competent supportation of his royall estate . secondly , for the due execution of the good laws , and good governance of the realm . thirdly , for the cherishing of such strangers as were his allyes , and for repressing his enemies , and for the better atchieving of those weighty affairs by their ripe consultations , he willed the commons to assemble themselves to choose their speaker , and the next day to present him to the king accordingly . receivers of petitions for england , ireland , wales , and scotland . receivers of petitions for gascoyne , and other places beyond the seas , and of the isles . tryers of petitions for england , &c. as above . tryers of petitions for gascoyne , &c. as above . on thursday the eighteenth day of may , the commons came before the king , and lords , and presented for their speaker william stourton , who having no allowance of his disabilitie , required the common protestation , which was granted . on monday the twenty second of may , the commons came before the king , where the speaker declared before him , that in the time of his father , many fair promises were made for due observation of lawes , but that no execution ensued ; wherefore he prayed the king the better to provide therefore ; and namely , to see due correction of the late ryot committed at cirencester against the abbot therein . to the which , the speaker on the kings behalf , was required to exhibite the same in writing , to the end the king might be the better provided . on thursday the twenty fifth of may , iohn dorewood , and others sent by the commons , delivered to the king , a schedule for provision to be made in form following , viz. touching ireland , the marches of wales , of scotland , and of callice , touching the dutchy of guyenne , the safe keeping of the seas , the navy of england , and governance , and due observance , and for sure provision to be made in form following , for the repulse of the enemy . the same day , the said iohn on the behalf of the commons , prayed that the protestation of the said william stourton might be entred of record , which was granted . on satturday the third day of iune , the commons came before the king , and lords , and for that the aforesaid william by grievous sicknesse could by no means attend to be speaker , they presented the aforesaid iohn , who made the common excuse , and the common protestation , the one refused , and the other allowed . of annuities to be payed to sundry persons by letters patents , it was enacted by the whole assent , that the king towards the supportation of his charges should yearly receive l. and of the rest they should be payed according to the rate . where king h. . had given by his last will all his goods and chattels to the payment of his debts , and to the payment of certain legacies , and of the same will made executors henry archbishop of york , thomas bishop of durham , iohn pelham , robert waterton , and iohn laventhorp , and thereof ordained overseers the king and archbishop of canterbury ; for that the said goods were not able to accomplish the same , the executors refused the execution of the will : whereupon the archbishop of canterbury , as ordinary , ought to have the administration of the said goods , and chattels . wherefore , to the end those goods should not be set to common sale , considering that the same amounted to . marks , the king kept the goods , and granted to the said executors out of the wardrobe , to be paid , the said summ of . marks in three years , to dispose the same goods accordingly upon accompt , and further , than the same , dischargeth the same executors of all executions growing by the same will. note the conveyance , for the same is hardly elsewhere to be found . the commons prayen that the statute made in anno h. . tit . ( ) for the avoiding of aliens might be observed ; whereto the king granteth , saving his prerogative . reice ap thomas a welshman prayeth , that he to all intents might be made a loyal liegeman , notwithstanding the statute made h. . tit . ( ) the which the king granteth . the commons , by the assent of the bishops , and lords , grant to the king the like subsidy of staple ware , tonnage and poundage for . years , as in h. . tit . . upon sundry conditions . a general pardon of sundry offences , ( but nothing of life , or member ) conditionally , that their pardons were sued out by a day . upon the petition of gunwardby , and others , touching the erroneous judgement given in the kings bench on the behalf of iohn windsor , and sundry others in an assize for certain lands in rampton , cottenham , westwick , hekington , longestanton , and willingham , in the county of cambridge , and upon the disclosing of the errors aforesaid , a scire facias was granted to the said gunwardby , to warn the said windsor and others to appear at the next parliament to hear the record , and processe . petitions of the commons , with their answers . the print touching the election of knights , and burgesses , cap. . agreeth with the record . the print touching the removing of stanks , kiddles , &c. cap. . agreeth with the record . it is enacted , that all the statutes made against provisors from rome shall be observed . a large complaint , and prayer to redresse the manifold oppressions of the ordinaries for probate of testaments , and such like . if the bishops upon the kings charge to them given , do not redresse the same , the king will then doe it . the like is made against ordinaries , for sessing penance pecuniary upon lechery , &c. answered as before . the like motion and answer is made , as in anno h. . tit . . the knights and burgesses being summoned to a parliament , the commons pray for costs , because nothing was done at the parliament , h. . which , as it seems , took no effect , require allowance . if upon view of the kings records any the like presidents may be found , allowance of their fees shall be made . the print touching forging of deeds , cap. . doth not fully agree with the record . the print touching under-sheriffs , cap. . agreeth with the record . the print touching additions in writs of exigent , cap. . agreeth with the record . the print forbidding the tryal of asaph in wales , cap. . agreeth with the record . that every juror in all inquisitions be sworn , truly to say whether he received , or that any thing was received to his use for proceeding thereof , and that upon conviction by his oath he may be tryed . the print touching priors aliens french , cap. . agreeth with the record . that all grounds aforesaid , by the perambulations of e. . may be utterly disforrested . such as be grieved against the charters of the forest , upon complaint shall be heard . a declaration for surcharging of sheriffs , and prayer that they may be allowed upon their oaths in the exchequer . upon the sheriffs comming before the council , and barons of the exchequer , they shall finde remedy . that no barge , ship , boat , or other vessel going on any river , be taken for a deodand , if any person happily falling thereout be drowned . the king will be thereof advised . richard marlow , and others , prayen , that where iohn calvile captain of certain ships , had taken two great hulkes , fully fraighted , lying at southampton , &c. suspecting to belong to the french , that those ships might not be delivered without inquisition and restitution . the king will appoint certain commissioners to hear , and determine the same . it is enacted , that all aliens do depart the realm , and that all such merchants aliens , as do remain , be under english hoasts , on pain of imprisonment at the kings will. it is enacted , that all the livings of priors aliens , except such as be in tit . . shall be seized into the kings hands . the print touching irish begging priests , called chamber-deacons , and other irish , cap. . agreeth with the record . that merchants may freely transport , and bring into the realm their goods or arras , and all other merchandise , except merchandise of the staple , and the same sell at their pleasure to all men , except to merchants of ieane , paying their due customes . the king will thereof be advised . the print touching the universall measure of corn , cap. . agreeth with the record . anno secundo henrici quinti . rex , &c. tho. duci clarentiae , & com. albemerciae fratri suo &c. apud westm. die lunae post octabis sancti martini . teste rege apud westm. vicesimo sexto die septembris , hoc parliamentum postea prorogatum fuit usque leicestriam . johan . duci bedfordiae com. de kendall . humfrido duci gloucestriae & com. de pembrook . edwardo duci eborum . ricardo com. cantabrigiae . edwardo courtney com. devon . tho. com. arundell . edwardo com. marchiae . ricardo de bello campo com. vvarr . ricardo de vere com. oxoniae . tho. com. sarum . johanni com. marescallo . tho. com. dorset . michael de la pool com. suff. radulpho nevil com. vvestmerland . edwardo cherleton de powis . willielmo de clinton . magistro tho. de la warr. hen. de scroop de masham . hen. fitz-hugh . vvill. de ferrariis de grobie . tho morley . hugo burnell . tho. berkley de berkley . johanni de vvelles . radulpho de cromwell . radulpho baroni de graystock . tho. dacre de gilsland . roberto de harrington . roberto de vvilloughbie . johanni lovell de fishmerch . ricardo gray de codonore . reginal . gray de ruthine . petro de molo lacu . vvillielmo la zouch de harringworth . tho. camois . vvillielmo de botreaux . johanni de latimer . ricardo le strange . roberto poynings . gilberto talbot . johanni clifford . johanni talbot de furnivall . noe lord vvarden . the parliament holden at westminster the monday in the octaves of s. martine in the second year of king henry the fifth . on the same monday , the king sitting in his chair of estate● in the chamber de pinct . within his palace of westminster , the bishop of winchester , the kings uncle , and chancello● of england , by the kings commandement , declared before him , the lords and commons , how that the king would , that the church , and all persons , and corporations should enjoy their liberties . he after sheweth , that the king endeavoured not onely well to govern within the realm , but also enforced himself to recover his due inheritance , belonging to the crown , of long time withholden , the which quarrell he would prosecute even unto death ; and for the attempting of so weighty an exploit , required good provision . he taketh for his theam , dum tempus habemus operamur bonum , he enforceth thereupon that to every naturall disposition , two kinds of times were limitted ; as to the trees , one time of growing , and another of blossoming , and fructifying ; to man , one time of labour , and another of rest ; to princes , the heads of men , one time for peace , and another for war. also he sheweth , that they finding his people in great ease and peace , had thereby the better opportunity to assay the enemy , and so applyed dum tempus . he further pursueth , saying , that to such a haughtie and noble enterprize , three things were very needfull , viz. great counsell , obedience of his subjects , and frank relief of his subjects , who were moved largely to grant , considering that their prince , their only patron , should be driven to go in person , wherefore he willeth the commons by their assembling , to choose their speaker , and the next day to present him before the king. receivers of petitions for england , ireland , wales , and scotland . receivers of petitions for gascoyne , and other places beyond the seas , and of the isles . tryers of petitions for england , &c. as above . tryers of petitions for gascoyne , &c. as above . on wednesday the second day of the parliament , the commons presented before the king and the lords , thomas chaucer esq to be their speaker , who making the common protestation had thereof allowance . the commons by the assent of the bishops and lords , grant to the king two whole dismes , and two whole fifteens to be levyed of the laity . it is enacted , that the king by his councell shall have power to make ordinances touching the coyn to endure to the next parliament . thomas mountacute earl of salisbury , son and heir of iohn mountacute late earl of salisbury , in the last parliament holden at leicester , by his petition required to reverse the judgement made against the said iohn , in . h. . tit . ( . ) for certain errors therein contained , the which he did the more enforce , by comparing the judgement made against thomas sometimes earl of lancaster in . e. . and against roger de mortimer sometime earl of march in . e. . the which earl had day of answer at this present parliament . upon full digestion of which matter by the lords , they said , that the cause of the death of the said iohn , was not like unto the other two earles cases ; wherefore they adjudged , that the said earl should get nothing by his petition : and further , the said bishops , and lords , by the assent of the king , affirm the said judgement made against the said iohn mountacute earl of salisbury to be good . the mayor , and commonalty of london , pray , that all kiddles , weares , fishgarthes , stanks , milnes , and stakes , and all other engines levyed , or made upon the water of thames , maidway , and ley , should utterly be layed down . the statutes therefore provided , shall be executed , and further , in all commissions touching the water-baily , the mayor or keeper of london for the time being , shall be one . thomas smalman , who had recovered by an assize , certain lands in thames-ditton in surrey , against george brewes , and others , but no judgement could have , for that the said brewes brought the kings letters patents to revoke the power of the said justices : wherefore he now craveth that he may now have judgement , notwithstanding the said repeal ; the which to do , the king willeth one of the justices by mouth only , notwithstanding the repeal . and note , notwithstanding the letters patents of revocation aforesaid , the justices stayed not , but took the said assizes . henry percie son of henry percie late earl of northumberland , being within age , and prisoner in scotland , declaring how the king had enabled him to be earl of northumberland , notwithstanding any the forfeitures of henry his father , &c. he prayeth now a generall restitution to them in bloud , and to all their hereditaments which were intayled , with free entry into all the same , saving to the king all the lands in fee simple . the king granteth unto all the same ; so as the said henry before his entry into any of the said lands , do first by matter of record prove in the chancery the lands intailed , saving as before . thomas chawcer esq chief butler to the king , prayeth , that the executors of h. . as in . h. . may appear , and might pay to him . l. for wine taken up for the king , and due to him upon tallyes , whereto the king granteth . at the petition of hamond belknap , the son of sr. robert belknap , the said hamond is enabled in bloud , and land to the said robert , notwithstanding any judgement made against the said robert , in . r. . saving to the king , and all other persons , the hereditaments of the said robert to them due . at the petition of thomas chawcer esq the king by common assent , affirmeth to him all letters patents to him granted by iohn duke of lancaster , king r. . or h. . and of this king , albeit those letters patents make no expresse mention of the value thereof . iohn chadworth , and other citizens of london , the creditors of william vennor a londoner , who upon collusion to defraud his creditors , had conveyed away his lands , pray execution of the same lands for certain yeares , according to the statute made in r. . upon recovery against the said william , by due order of law , after the said william hath appeared in person , or by attorny , excution of his lands shall be awarded . the like request , and answer is made to mark le fair , for l. as is before to chawcer . tit . . the king of his own meer mercy pardoneth to all his subjects , all forfeitures incurred by the statute of liveries of cloath , and hats . the king confirmeth to iohn duke of bedford , and to his heirs males of his body lawfully begotten , the castle , earldome , honour , and seigniority of richmond , late iohn of brittanies , and which ralph earl of westmerland held during his life , except the mannor town of baynbrigg , and the free chase in wensledale , and sundry hereditaments in wenstedale aforesaid , in the county of york , the which lands excepted , king h. . by his letters patents in anno . released freely to the said ralph , and his heirs . the prior and covent of st. neote , of the patronage of the earl of stafford , being sometimes aliens , as a cell of the abbey of beekeherlewyn in normandy , and being made denizens by the letters patents of h. . prayeth the confirmation of the same ; the which is granted . the dean and chapter of the cathedral church of chichester , to whom king h. . by his letters patents had granted the priorie , manor , and prebend of welmenghton , with th' appurtenances in the countie of sussex , then belonging to the abbey of grafton in normandy , and licence to buy the same , pray the confirmation of those their letters patents ; which is granted . lewes iohn a welshman , is enabled to be a liege englishman , notwithstanding the statute h. . tit . ( . ) the like grant by common assent is made to iohn mountgomerie esquire . the like is granted to iohn steward esquire . it is enacted by the whole consent , that all the manor , and other hereditaments within the kings dominions , which descended , or ought to descend to the king after the death of dame mary , one of the daughters and heirs of humfrey le bohun , late earl of hereford , essex , and northampton , and constable of england , as sonne and heir of the said dame mary , should be dissevered from the crown of england , and be annexed to the dutchy of lancaster , to be of the same nature , as by the kings letters patents may fully appear . in which grant you may see those liberties belonging to the dutchie of lancaster . petitions of the commons , with their answers . it is enacted , that the church , all persons and corporations shall enjoy their liberties . that the fees of knights coming to the parliament for the countie of kent , may generally be levied of all persons holding by knights service within the county , and not particularly of certain in the guddable of kent , except of bishops and lords who came to the parliament . the statute therefore made shall be executed . the like motion , and answer by the weavers of london , as in the . and . h. . tit . . drue barentyne , and others of london , pray that the letters of mart or reprisal , granted by the king against the goods of the merchants of ieane may be confirmed . the which the king granteth , and thereby provideth for the safe keeping and well ordering of the said goods . a motion , that the english merchants may use the iermanoes , and other italians , touching the letters of mart aforesaid , in such wise as they shall use the english. the king will therein write to the italians , and to the rest will be advised . the print touching justices of peace , cap. . wanteth of the record these words following [ remaining within the same counties ] which should be annexed to the words of the print [ of the kings council ] and these words [ in their offices and sessions ] to be annexed to [ the justices of peace within the dutchie of lancaster . ] the print touching the wages of priests , cap. . agreeth with the record in effect , but not in form , besides that the record is e. . where the print is . which note , the print being therein the truer . the print touching enquests , cap. . agreeth with the record to these words , so that from the beginning of which words to the end thereof , there is no mention made in the record , quod nota . that the straight cloaths called the dosens of devonshire , and cornwall , may pay cocket , customes , after the rate of broad cloathes . the king will thereof be advised . the print touching the gilding of goldsmiths of london , cap. . agreeth with the record . the print touching the treasons , and felonies of welshmen , cap. . agreeth with the record . at the request of the mayor and burgesses of southampton , who payed to the king l. fee farm ; and l. yearly to two priors aliens ; the king for . yeares releaseth to them marks yearly , and further giveth license to them to purchase lands to the yearly value of one hundred pounds . the print touching the staple , cap. . agreeth with the record in effect , but not in form . anno tertio henrici quinti . rex , &c. dilecto consanguineo , &c. radulpho com. westmerland , &c. apud westm. die lunae post festum sancti lucae evangel . teste iohanne duce bedfordiae custode angliae , apud westm. duodecimo augusti . edwardo courtney , com. devon. magistro tho. de la warr. will : de ferrariis de grobie . tho. morley . hugoni burnell . tho. berckley de berckley . johanni de welles . radulpho de cromwell . radulpho baroni de graystock . tho. dacre de gilsland . ricardo gray de codonore . reginaldo gray de ruthine . petro de malo lacu . johanni de latimer . ricardo le strange . roberto poynings . gilberto talbott . edwardo cherleton de powis . prorogatio parliamenti à die lunae post festum sancti lucae , usque diem lunae post festum omnium sanctorum apud westm. tenend . rex &c. dilecto &c. radulpho nevill com. westmerland , &c. apud westm. vicesimo nono die septembris . teste iohanne duce bedford , &c. tho . com. arundell . edwardo courtney com. devon. magistro tho. de la warr. will. de ferrariis de grobie . tho. morley . hugoni burnell . tho. berckley de berckley . johanni de welles . radulpho de cromwell . radulpho baroni de graystock . tho. dacre de gilsland . reginaldo gray de ruthine . johanni de latymer . ricardo le strange . roberto poynings . gilberto talbott . edwardo cherleton de powis . ricardo gray de codonore . rex &c charissimo fratri suo tho. duci clarentiae &c. apud westm. decimo sexto die martii . teste rege apud westm. vicesimo primo die ianuarii . iohanni duci bedford . fratri regis . humfrido duci gloucest . fratri regis . radulpho com. westmerland . consangu . suo . edwardo courtney com. devon . edwardo com. marchiae . johanni com. marescallo . tho. com. sarum . ricardo com. oxoniae . magistro tho. de la vvar. vvillielmo de ferrariis de grobie . tho. morley . hugoni burnell . tho. berckley de berckley . johanni de vvelles . radulpho cromwell . radulpho baroni de graystock . tho. de dacre de gilsland . radulpho de harrington . ricardo gray de codonore . reginal . gray de ruthine . tho. camois . vvillielmo botreaux . johanni de latimer . ricardo le strange . roberto poynings . gilberto talbott edwardo cherleton de powis . johanni clifford . the parliament holden at vvestminster the sixteenth day of march in the third year of king henry the fifth . on the same sixteenth day , the king sitting in the chair of estate in the chamber de pinct , within his palace of westminster , the bishop of winchester , the kings uncle , and chancellor of england , by the kings commandement , in the presence of him , the lords and commons , declared that the kings will was , that the church , all persons , and corporations should enjoy their liberty . he then shewed the cause of the same parliament , and took for his theame these words , vobis viam ; on which words , he made a notable declaration , affirming amongst the rest , that a thing well begun , and continued with diligence , could not but come to good end , according to the saying , dimidium facti qui benè caepit habet . the beginning he applyed to the attempt of the king , by entring into france for the recovery of the same his due patrimony . the continuance he applyed to the kings successe , by obtaining harslew upon his siege , and by winning a battel of the french nigh unto callice . the event and end he referreth unto god , and to good hope , by the well beginning . in which that the king might have the better successe , he called the same assembly , thereby to know their consultation ; wherefore he willed the commons to resort to their accustomed place , there to choose their speaker , and the next day to present him to the king. receivers of petitions for england , ireland , wales , and scotland . receivers of petitions for gascoyne , and other places beyond the seas , and of the isles . tryers of petitions for england , &c. as above . tryers of petitions for gascoyne , &c. as above . on wednesday , the third day of the parliament , the commons coming before the king and lords , presented sir walter beauchamp knight to be their speaker , who making the common protestation , had the same allowed . the commons , by the assent of the bishops and lords , doe appoint , that the desmes and fifteens granted in the last parliament , be sooner paid than the same was then appointed . it is enacted , considering the damnable scisme at rome , that all bishops elect , and other persons , shall be confirmed by the metropolitan upon the kings writs , without further excuse , or delay . henry , the son of henry percie earl of northumberland , did his homage to the king sitting in his chair of estate , before the bishops , lords , and commons , in such wise as other peers doe . on vvednesday the th of april , the king prorogued the parliament for sundry urgent causes , from the said wednesday unto the monday in the third week after easter , at westminster . on the same monday the chancellor , before the king , lords , and commons , declared the cause of the said adjournment ; first as touching the devout time . secondly , for that an honourable peace was offered by the french. thirdly , for that the king of the romans had moved the same peace ; wherefore the commons were willed to consult with the other . it is enacted by whole assent of parliament , that the liberties granted to the dutchie of lancaster , as in anno . h. . tit . . should be confirmed ; that the stewards of the said dutchie within their circuits should be justices of peace , and that no grant of any thing from the said dutchie doe passe under any other seal than under the usual seal for the said dutchie appointed , or to be appointed , and if it doe , the same then to be void . the king by full assent of parliament pardoneth to iohn baskervile of erdisley in the county of hereford knight , all trespasses , and felonies , and utlagaries upon the same , and restoreth him to all his lands and goods . alexander meringe sheweth how he recovered by his assize certain lands in little martham , tuxfort , milton , and bevercot , against iohn tuxford , and katherine his wife , before robert thurwitt , and how by the mistaking of the clerk , contrary to verdict found , the disseisin was entred to be done after the assize brought , whereby no judgement could be given . he therefore requireth , that the misprision of the clerk might be amended , and that the justices might proceed to judgement ; whereupon it was enacted , that the justices in the presence of the chancellor , should amend the record in the same only point . a judgement very necessary , and yet hardly seen , worthy therefore to be well marked . it is enacted , that the vvardens of the mysterie of in london , shall have the search from time to time of all that belong to the said mysterie , within the said city , and libertie , and the mayor and aldermen shall have the punishment of the same by the presentment of the said vvardens . richard cathermayne prayeth a scire facias against william hore , and iohn hore , executors of thomas hore , for an erronious judgement given in the kings bench on the behalf of the said thomas , in an action of trespasse against the said richard & others , the which granted returnable in the next parliament , and thereupon the said richard entreth his attorneys of record to proceed therein . it is enacted , that upon error brought into any of the benches for any erronious judgement given in the city and countie of lincoln , and in such causes the writ shall be directed to the sheriff of the said county of lincoln , who shall return any such forainers , any grant to the said citizens in any wise notwithstanding . the print cap. . agreeth herewith . the commonalty of coventry prayen , that four of them yearly to be chosen may survey the dyers of the same town , by whom and the mayor , and bayliffs , the said dyers might be punished : the king thereof will be advised . iohn shadworth mercer of london , prayeth to be payed l. owing to him by talleys ; the which is granted , as to chawcer in anno h. . tit . . the like grant is made to henry barton for l. as next before . petitions of the commons , with their answers . the print touching the liberty of the church , &c. cap. . agreeeth with the record . that all sheriffs for the fees of knights coming to the parliament , may enter into all liberties , except the demeasns of all lords , and such towns as finde burgesses . the statute therefore made in the r. . shall be kept . the print touching attorneys in the wapentake of staincliff , cap. . swarveth from the record , and namely , in the amerciaments , which note . a complaint by the english merchants against the new , and great impositions then exacted by the mayor , escheators , jurats cint apres cominaltie , and universitie of the kings city of bayon , and request to be freed therefrom . the officers of bayon shall be driven to shew the causes : whereupon redresse shall be made . a large complaint , containing sundry grievances , and namely against the usurpations of the earl of arundell , claiming free warren , and using free chace in other mens grounds through sussex , but especially in the rape , if lewes be a party of the said shire , by colour of a grant made by h. . in the . year of his reign to the earl warren , that he should have free warren in all his demeasne lands in sussex , of all which they prayen redresse . after livery sued out of the kings hand , the chancellor of england for the time being , calling to him the justices of both benches , shall thereby have power to take order therein . that all sheriffs may be discharged in the exchequer , upon their oaths . the king will be advised . that no ship be taken to serve the king , by any letters parents , but that the said letters patents be seen before the mayor and other officers of the town , that the hire of the fraight may be by them made , and ready payment had . the statutes therefore made shall be observed . that all owners of ships , during such time as they shall serve the king , may have s. d. for every tonne over and above his fraight , according to the custome . the king herein will do according to reason . the print for avoiding out of the realm , cap. . agreeth with the record . that all men may go towards the parts of island , there freely to fish as they have used . the king will be advised . that every of the kings justices of either bench , chief baron , and the kings serjeants , may have sufficient power to record attourneys in any of the kings courts whatsoever . as heretofore it hath been , it shall be . the print that every incumbent shall enjoy his benefice , notwithstanding provision from rome , cap. . agreeth with the record . that all the ordinaries throughout the realm , may by a day enquire , and certifie into the chancery , the foundations of hospitalls , with the circumstances , to the end that redresse may be therein made . the statute made at leicester , anno . h. . shall be observed . that against all men indicted in the kings bench , except such as be of the same shire where the bench is , there may be awarded three capias fifteen dayes between , before the exigent awarded . the king will be advised . that all the kings purveyors do take eight bushels of corn only to the quarter striked , and that they take up no provision in the market , without the good will of the party , and ready pay . the statutes therefore made shall be observed . that some remedy may be sound to the comfort of the poor clergy , in a manner wasted , for that the universities swarmed with new learning , by reason of the statute of provisors , which caused the old saith to be neglected . at the kings motion the bishops have promised to provide remedy therein . the print that washing of money , &c. cap. . agreeth with the record . that the scape of any prisoner for counterfeiting , washing , or clipping of money , may be l. the pain shall be arbitrable , as heretofore . the print touching enquiries for treason , for coinage , cap. . agreeth with the record . the prior , and covent of st. mary magdalen of tortington next arundel , desire remedy , for that the said earl of arundel had encroached from them the mannor of clay , and sundry other hereditaments in the county of sussex , there particularly named . it is answered as before , tit : . robert penney , and ioane his wife , as in the right of ioane , cosen and heir of giles norman , complain , for that sir thomas skelton knight , had by subtil means in an assize , recovered against them the manors of westadderleigh , and sherle in southampton , and soulfield loveras in the county of wilts ; they therefore pray remedy . the plaintiffs shall have remedy by the king , and such others as he shall call to him . iohn brampton of beverley merchant , complaineth of iohn hayton , and others , for lying in wait to murder him , and prayeth writs out of the chancery of the peace ; which were granted . that all writs of subpoena , and certis de causis going out of the chancery and exchequer , may be controlled , and not granted of matters determinable at the common law , on pain that the plaintiff doe pay by way of debt to the defendant l. the king will be advised . the print touching fees of ordinaries for probate of testaments , cap. . agreeth with the record . at the request of henry archbishop of york , the king by the whole assent , confirmeth to him all the liberties of his church , with this clause , licet : and further granteth and confirmeth to him , that he and his officers may hold the sheriffs turn within the town of beverley , and rippon , and there hear , and determine , and punish all manner of felonies , as justices of the peace , notwithstanding any liberties granted to the town of beverley to the contrary , the which therein are repealed . iohn sharpe owner of a ship called the christopher of hull , complaining , sheweth , how that the same christopher at burdeaux was appointed to be one of the admirals of the english navy then bound for england , and how that all the english masters were sworn before the chief officers of burdeaux , not to depart , or leave the said admiral , until they came to england , and how by doing the contrary , the said ship fully fraighted was taken by the enemy ; for the which ship and goods he requireth recompence of all the other ships . the chancellor , by the advice of three of the justices , shall have power to take order therein . anno quarto henrici quinti . rex , &c. charissimo fratri suo tho. duci clarentiae , &c. apud west . decimo nono die octobris . teste rege apud sandwich , tertio die septembris . iohanni duci bedfordiae . humfrido duci gloucestriae . edw. courtney , com. devon. johanni com. arundel . tho. com. dorset . hen. com. northumb. radulpho nevill com. westmerland . edwardo com. marchiae . ricardo com. warr. ricardo com. oxoniae . tho. com. sarum . johanni com. marescallo . willielmo de clinton . magistro tho. de la warr. hen. fitz-hugh . willielmo de ferrariis de grobie . tho. morley . hugoni burnell . tho. berckley de berckley . johanni de welles . radulpho de cromwell . radulpho baroni de graystock . tho. de dacre de gilsland . roberto de harrington . roberto de willoughbie . richo . gray de codonore . reginaldo gray de ruthine . edwardo cherleton de powis . tho. camois . vvillo . botreaux . johanni latimer . ricardo strange . roberto poynings . gilberto talbot . johanni clifford . johan . talbot dom. de furnival . the parliament holden at westminster the nineteenth day of october , in the fourth year of king henry the fifth . on the said nineteenth day the king sitting in his chair of estate in the chamber de pinct within his palace of westminster , the bishop of winchester the kings uncle , and chancellor of england , by the kings commandement , in the presence of him , the lords and commons , declared ; that the kings will was , that the church , all persons , and corporations should enjoy their liberties . after which he published the cause of the parliament , taking for his ground , operam detis ut quieti sitis . upon which words , ( amongst others ) he alledgeth , that as god in six dayes created all the world , and rested the seventh day , so the king according to his oath at his coronation , had by his great travell , by five his former parliaments , sought the establishing of good laws , upright governance at home , and foreign peace with the enemy . he further sheweth , that the french refused not only reasonable peace , but also to render to him his prisoners , or ransomes for such as were taken at the battel of agin-court , whereby the king was driven to his last hopes , and refuge ; which was , by dint of sword to seek his own : and so alledging , bella faciamus ut pacem habeamus , quia finis belli pax est ; he sheweth , that the king meant to use their counsell , and therefore called the commons to choose , and to present their speaker . receivers of petitions for england , ireland , wales , and scotland . receivers of petitions for gascoyne , and other places beyond the seas , and of the isles . tryers of petitions for england , &c. as above . tryers of petitions for gascoyne , &c. as above . on wednesday the third day of the parliament , the commons coming before the king and lords , presented roger flower to be their speaker , who made the common protestation , and the same allowed . the commons , by the assent of the bishops , and lords , granted to the king two whole desmes , and two fifteens , to be levied of the laity . it is enacted , that all such persons as shall before lend mony to the king , shall freely have letters patents to be payed of the first mony coming of the subsidie aforesaid . all which to perform , if an end should come to the king , the dukes of clarence , bedford , and gloucester , for every of their selves faithfully promised to accomplish . the names of certain bishops , and other lords , who subscribed to the articles aforesaid . a generall pardon granted by the king , nothing touching life , or losse of member . on wednesday the eighteenth of november , being the last day of the parliament , the king sitting in his royall estate , in full parliament , created thomas beauford earl of dorset , to be * earl of exeter , after which the king commandeth him to sit in parliament according to his estate . a league and alliance , between the king , his heirs , and succesors kings of england , and sigismond king of the romans , his heirs , and successors kings of the romans , are confirmed by whole assent of parliament . note the instrument of alliance for the same , is long , and very effectuall . robert whittington esq and ony his son complaining , shew , how that certain of the servants of richard old-castle esq and the borderers of wales , by durance of imprisonment , enforced the said robert to release to the said richard , and walter hakelnyt esq all manner of actions , for all which they prayen remedy . the kings councell shall have power to call the parties before them , and to end the same . iohn de holland , son of iohn de holland , earl of huntington , prayeth to be restored in bloud , . h. . son of e. his wife , to the said iohn his father , and to richard his eldest brother , who died without issue , and to all the entailed lands of iohn the father , as well of the dutchy of cornwall , as otherwise , except certain mannors , by name , parcell of the said dutchy , so as he may freely enter into them . the king enableth him in bloud , according to his petition , and to all the intailed lands , so as he first prove the same in the chancery , except as before ; and except all other lands , parcell of the said dutchy , saving the fee simple lands to the king , so as he do sue a scire facias against the said tenants , for such whereof he should be in suit . iohn allen , and others , merchants of coventry , prayen restitution of marks of old coin , put into the hands of richard garmer , late master of the mint within the tower of london , to be newly coined , for that all the goods of the said richard were seised to the kings use , by the earl of arundell treasurer of england . upon proof hereof , before the councell , they shall see the same payed , so farr as the goods will extend . william clifford constable of bourdeaux , complaining , sheweth , how that he had gotten the town and castle rewle in guyenne , wherein he was besieged , and could not keep the same without some succours , the which he prayeth . the king will accomplish the same with opportunity . a motion is made , that the suit hanging in the court of rome , and in the councell of constance , between roger frank , and iohn de rippon , touching the abbey of founteynes , being very tedious , may be ended . the king will addresse his letters to the ambassadors at constance , to sollicite the end . david howell of pembrook , prayeth a pardon for all treasons , felonies and trespasses . the king will be advised . the print touching irish bishops , &c. cap. . agreeth with the record in effect , but not in form . petitions of the commons , with their answers . the print touching the great charter , &c. cap. . agreeth with record . the print touching allowance of sheriffs , cap. . having these words , is of extracts therein , swarveth from the record , quod nota . the print touching patent-makers , cap. . agreeth with the record . the king releaseth to iohn tutburie , the customes of certain wines . the print touching servants wages , cap. . agreeth with the record . the like motion and answer as in the last parliament , tit . . that none of the kings subjects be barred of their due debts● or suits for the same , by colour of protection , granted to any prior alien , but during such time as they shall serve the king beyond the seas . the prerogative , and common lawes shall be maintained . the print touching merchants aliens , cap. . agreeth with the record . the print touching the free pardon , c. . agreeth with the record . the print touching peace-breakers and letters of mart , cap. . agreeth with the record . anno quinto henrici quinti . rex , &c. charissimo avunculo suo thomae duci exon. salt . &c. apud westm. decimo sexto die novembris . teste iohanne duce bedford . custode angliae apud vvestm . quinto die octobris . chariss . consang . suo hen. de percie com. northumberland . radulpho nevill com. westmerland . edwardo de courtney com. devon. magistro tho. de la warr. willielmo de ferrariis de grobie . hugoni burnell . johanni de welles . radulpho baroni de graystock . reginaldo gray de ruthine johanni latimer . ricardo strange . roberto poynings . gilberto talbot . edwardo cherleton de powis . tho. camois . willielmo botreaux . tho. de dacre de gilsland . the parliament holden at westminster the sixteenth day of november , in the fifth year of king henry the fifth . on the sixteenth day of november , in the presence of the puissant prince iohn duke of bedford , brother , and lieutenant to the king , and warden of england sitting in the chamber de pinct in the palace of westminster ; the bishop of durham , the chancellor of england , by his commandement , in the presence of him , the lords and commons , declared , that the kings will was , that the church , and all estates , should enjoy their liberties . he then took for his theam , confortamini , viriliter agite , et gloriosi eritis : upon which words he shewed , what great comfort ought to have been , considering that the king in the life of his father utterly depressed the rebellious dispositions of the welsh . how also he had resisted the conspiracies had against christian faith , and destructions of his own , and other persons . how further , for his great victories obtained against the french at harfleet , and agincourt . and lastly , for that sundry towns in normandy had rendred themselves unto him . he further sheweth , that the chief cause of the same assembly was for three causes . the first , for keeping of the peace , and observation of the laws . the second , how to continue the kings voyage . thirdly , for keeping of the marches of scotland ; wherein they ought viriliter agere , which if they did , he then assured them of honour , and glory : considering that remuneratio virtutum est honor . and so willed the commons to choose their speaker , and to present him the next day to the said warden . receivers of petitions for england , ireland , wales , and scotland . receivers of petitions for gascoyne , and other places beyond the feas , and of the isles . tryers of petitions for england , &c. as above . tryers of petitions for gascoyne , &c. as above . the third day of the parliament , the commons presented before the said warden , and lords , roger flower esq to be their speaker , who with his common protestations were allowed . the commons , by the assent of the bishops and lords , grant to the king one desme , and one fifteen . iohn martine , william babington , william poole , william wesburie , iohn fame , and thomas ralfe , apprentices at the law , and serjeants appointed , had refused the same ; where upon the charge of the warden of england , they took the same upon them . on tuesday the eighteenth of december , and the twenty ninth day of this parliament , sir iohn oldcastle of cowling in the county of kent knight , being outlawed upon treason in the kings bench , and excommunicated before the archbishop of canterbury for heresies , was brought before the lords , and having heard his said conviction , answered not thereto in excuse ; upon which record , and processe it was adjudged , that he should be taken as a traitor to the king and realm ; that he should be carried to the tower of london , and from thence drawn through london to the new gallows in st. gyles without temple-barr , and there to be hanged , and burned hanging . the record out of the kings bench is at large , the effect whereof is ; that the said sir iohn oldcastle , and others , to the number of . men , called lollards , at st. gyles aforesaid , did conspire to subvert the state of the clergy , and to kill the king , his brother , and other nobles . the archbishop of canterburies instrument for his excommunication is there also at large . iohn de holland earl of huntington was stayd of his livery , at the sute of the countesse marshall , his sister , and by the abbot of our lord of grace , next the tower of london , for that the said earl did not sue a scire facias against them , being tenants of part of his inheritance , according to the last parliament , tit. . robert penny being in execution in the fleet upon out-law of a condemnation , was let to mainprize by the guardian of england . a motion is made that the lord de powis might be thanked , and rewarded , according to the proclamation made for the apprehension of sir iohn oldcastle knight , the heretick . quid vultis mihi dare , the brother of iudas craveth his reward for betraying the innocent , wherein it is not to be doubted , but that his lighter reward in this world , was heavily revenged of god. the letters patents made by the bishop of winchester for . marks to be levied of customs of all staple wares passing out of southampton , the which summ the said bishop before had lent the king towards the warrs , are confirmed by parliament . at the request of thomas duke of exeter , who at his creation had l. given him yearly out of devon , it is enacted , that the said duke shall first be payed before any other . petitions of the commons , with their answers . it is enacted , that the church , and all estates shall enjoy their liberties , which are not repealable by the common law. a hainous complaint against insurrections , in the end they suspect that they were lollards , and traytors : a request that commissions at all times be granted to enquire of them . the statutes therefore made shall be executed . the clergie at this their own parliament , cease not to rage , and roar after christian bloud , tanquam leones rugientes , and whosoever did the fault , they put iohn porter in the stocks , and cried , crucifie christ , and deliver us barrabas , for now all horrible mischiefs whatsoever were imputed to the poor lollards . a long complaint , and prayer of redresse of stankes , stakes , kiddles , milnes , &c. levied upon rivers , to great annoyances . the statutes therefore made shall be observed . that such merchants as by their resiance , contribute to all taxes , may have their goods free in port towns. it shall be as heretofore it hath been . that merchants of the staple having their goods customed , and their cocquets therefore , be not sunderly in other places therefore impeached , or slandered . the lieutenant will send to know the kings pleasure therein . the print touching making of attornies , cap. . agreeth with the record . a motion that no collector for the clergie be appointed out of his deanarie . the clergie shall appoint their collectors , anno septimo henrici quinti . rex , &c. consanguineo suo henrico percie com. northum . apud vvestm . die lunae post festum sancti andreae . teste rege apud westm. vicesimo primo die octobris . radulpho nevil com. westmerland . hugoni courtney com. devon. magistro tho. de la warr. willielmo de ferrariis de grobie . hugoni burnell . johanni de welles . johanni baroni de graystock . reginaldo gray de ruthine . johanni de latimer . ricardo strange . roberto poynings . edwardo cherleton de powis . tho. camois . vvillielmo botreaux . tho. dacre de gilsland . summon . parliamenti . rex &c. henrico percie com. northumb. apud westm. decimo sexto die octobris . teste apud westm. vicesimo quarto die augusti . radulpho nevil com. vvestmerland . edwardo courtney com. devon . magistro tho. de la vvarr . vvillielmo de ferrariis de grobie . hugoni burnell . johanni de welles . johanni baroni de graystock . reginaldo gray de ruthine . johanni de latimer . ricardo strange . roberto poynings . edwardo cherleton de powis . vvillielmo botreaux . tho. dacre de gilsland . the parliament holden at westminster the sixteenth day of october in the seventh year of king henry the fifth . on the said sixteenth day , the bishop of duresm chancellor of england , before the duke of bedford , vvarden of england , sitting in the chamber de pinct , in the palace of westminster , and before the lords and commons , declared : how that the subjects had most great cause to embrace , and to pray for the king , considering that for want of peace , which he sunderly sought , he began warr in timore domini , which being principium sapientiae , he thereby attained the fruits of wisdome with victory , and honour , and the particulars whereof he doth not forget to shew . for his proposition therefore he taketh these words , bonum facientes non deficiamus : upon which he sheweth , how that the king being of good courage , would have his subjects to be carefull to provide for good governance , and defence of the realm ; and considering that his enterprize begun could not be left without eminent perils , he would new provisions to be made , and to be granted , to the end he might end to his honour , and their comforts . he therefore willeth the commons to choose their speaker , and the next day to present him . receivers of petitions for england , ireland , wales , and scotland . receivers of petitions for gascoyne , and other places beyond the seas , and of the isles . tryers of petitions for england , &c. as above . tryers of petitions for gascoyne , &c. as above . on tuesday , the second day of the parliament , the commons presented before the king and lords , roger fowler esq to be their speaker , who with the common protestation was allowed . the thirteenth day of november the commons , by the assent of the bishops and lords , granted to the king one fifteen , and one desm , and one half part of them both . the like order is taken for payment of such as shall lend to the king , as in anno h. . tit . . the names of such . and lords as subscribed to the said order . it is enacted , that the lords of the council shall have power to establish orders touching the coin. for the keeping of money within the realm , it is enacted , that all necessaries shall be bought within the realm for the kings soldiers , and sent to them ; and also , that certain woolls be bought and sent into normandy , any statute for the staple to the contrary notwithstanding . for that friar iohn randolfe the queen dowagers confessor , had accused her for compassing the death of the king ; it was enacted , that all the lands and goods of roger doller , and petromell brocart , her sureties , should be seised , and paid to the king ; wherein sufficient warrant is provided for all such as shall pay the same . at the request of iohn lane , iohn brodinge , iohn russell clerks , and others were indicted , as it was made before the coroner of the county of york , for a murder : the which indictment was removed into the kings bench● where indeed there was no such indictment found . it was therefore enacted , that the said indictment should be void , and the said plaintiff discharged of the same . and the like of iohn lebard , and others , made against the said russell , the like order for them is taken , as next above . petitions of the commons , with their answers . the like act as in the last parliament , tit . . the print touching conspiracies in the dutchy of lancaster , cap. . agreeth not fully with the record . that a writ of partition may be between copartners , or the feoffees or allies of any of them . the common law shall be observed . that a p●in may be limited in the statute for the wages of chaplains . the statute provided shall be observed . that the day of exigent may lie in the writ of forger of false deeds . that a man being bound by recognizance to appear at a day certain for keeping of the peace , and then being stayed by sicknesse , imprisonment , or other commandement , may plead the same in barr upon a scire facias . the common law shall be observed . that the statute made in r. . ●it . ( ) against hunters may continue , with this adjunct , that every person being thereof attainted , shall for every offence forfeit to the king , l. d. d. the statutes therefore made shall be observed . a motion touching the payment of an annuity , of no great force . anno octavo henrici quinti . rex , &c. chariss . fratri iohanni duci bedford . &c. apud westm. secundo die martii . teste apud westm. decimo sexto die februarii . humfrido duci gloucestriae fratri regis . hen. percie com. northumb. radul : de nevill com. westmerland . ricardo com. warr : ricardo com. wigorn. edwardo com. marchiae . hugo courtney com. devon. magistro tho. de la warr. willielmo de ferrariis de grobie . johanni welles . hen. fitz-hugh . jacobo audley . johanni de clifford . johanni baroni de graystocke . reginal . gray de ruthine . johanni de latimer . ricardo le strange . roberto poynings . edwardo de cherleton de powis . tho. camois . vvillielmo botreaux . tho. dacre de gilsland . roberto willoughbie . willielmo clinton . johanni talbott domino de furnival . johanni gray de codonore . willielmo harrington . willielmo hankeford capitali justiciario toto tempore istius regis , vel pro majori parte . anno nono henrici quinti . the parliament holden at vvestminster the first day of december , in the ninth year of king henry the fifth . in the presence of iohn duke of bedford , &c. sitting as in the last parliament , tit . . the bishop of durham , chancellor of england , pronounced touching the parliament , and took for his theam , lex domini immaculata convertens animas , &c. whereupon he divided the law into these three points , viz. the law politick , whereby men for fear of punishment forbear to do evil ; the law of love , whereby men willingly do well ; the law mercenary , where through coveteousnesse they rake to themselves . by a similie , as christ going up to the mount to be transfigured , took only with him peter , iames , and iohn , resembled the same to man , who could not by mortality be altered , unlesse he had faith ascribed to peter , hope likened to iames , and love applied to iohn ; which he affirmeth , must proceed by the law of god , which converteth souls . he then shewed , that the parliament was called for two chief causes ; the one for establishing of good lawes , the other for the defending of the frontiers of the realm with manly courage , to which end he willed the commons to choose their speaker , and to present him . receivers of petitions for england , ireland , wales , and scotland . receivers of petitions for gascoyne , and other places beyond the seas , and of the isles . tryers of petitions for england , &c. as above . tryers of petitions for gascoyne , &c. as above . on wednesday the third day of the parliament , the commons presented before the lieutenant of england , and the lords , richard baynard to be their speaker , who with the common protestation was allowed . the commons , by the assent of the bishops , and lords , grant to the king one desme , and one fifteen to be levied of the laity . william lord of clinton , of say , complaining , sheweth , how he in trust enfeoffed william de la pool , being of his councel learned , of all his lands in england , and calli●è , to the performance of his will , which the said pool upon sundry his requests , refused to perform , and prayeth remedy ; where , upon full proof of the surmise aforesaid , it was enacted , pool being present ; that he should re-infeoffee the said lord , or whom he would , and their heires for ever , discharged of all incumbrances done by the said pool , the which pool did in open parliament , in two deeds there inrolled . where walter cook parson of somersham , had recovered in the arches , the tythes of a meadow , or marsh , called crowland meadow , being in the parish of somersham , against william whitihead , and others , tenants to the abbot of ramsey , as to his mannor of charts , the said abbot sued forth a prohibition , upon long debate of the lords , and justices , it was adjudged , that the said abbot ought to have none . petitions of the commons , with their answers . the like act as an. . h. . tit . . the print touching the coyn , cap. . agreeth with the record . the print touching signorage , or coynage of money , cap. . agreeth with the record . the print touching the weight of money , cap. . agreeth with the record . only both the last statutes were to indure but to the next parliament . that no mint-master within the tower be a master of exchange without the same . the king thereof will be advised . the print touching the wardens of the exchange , cap. . agreeth with the record . the print of coynage at callice , cap. . agreeth with the record . the print touching the allay of silver , cap. . agreeth with the record . the print touching the weight of gold , cap. . agreeth with the record . the print touching the making of false weights , cap. . agreeth with the record . note that the five statutes last mentioned , were onely to continue to the next parliament . that all justices of peace , sheriffs , and such officers , may have power to amend all misprisions , or negligent writing of their clarks . vvho is grieved , may complain to the kings councell . the print touching exchangers to rome , cap. . agreeth with the record . that the exception , how that the partie hath sufficient remedy at the common law , shall discharge any matter in the chancery . it is enacted to endure unto the next parliament . the print for the recovery of one collector against another , cap. . agreeth with the record . it is enacted , that the two new bridges next abenden , called burford , and chalam bridge , made by iohn hutchions , iohn brite , and others of abenden , shall continue as free passage for the kings subjects , and their carriages , and that every man set sallowes , or vvillowes upon the banks , between abenden and burford , for mending of the same . anno nono henrici quinti . rex , &c. chariss . consangu● suo henrico de percie com. northumb , &c. apud vvestm . primo die decembris : teste iohanne duce bedford . custode angliae : apud vvestm . vicesimo die octobris , per ipsum regem & consilium . chariss . consang . suo radulpho de nevil com. vvestmerland . hugoni courtney com. devon . magistro tho. de la warr. willielmo de ferrariis de grobie . johanni baroni de graystock . reginaldo gray de ruthine . johanni de latimer . ricardo strange . roberto poynings . vvillielmo botreaux . vvillielmo clinton . vvillielmo de harrington . tho. de dacre de gilsland . jacobo de berckley . willielmo hankeford capitulo justiciario . anno primo henrici sexti . rex , &c. chariss . avunculo suo duci gloucestriae , apud vvestm . die lunae ante festum sancti martini . teste rege apud vvestm . vicesimo nono die septembris . hen . de percie com. northumber . radulpho nevil com. vvestmerland . magistro tho. de la vvarr . willielmo de ferrariis de grobie . johanni de welles . johanni baroni de graystock . reginal . gray de ruthin . johanni de latimer . ricardo strange . roberto poynings . willielmo botreaux . tho : dacre de gilsland . vvillielmo de clinton . jacobo de berckley . vvillielmo de harrington . these four in this parliament roll follow after the barons , and after them these three barons , as they are here written . tho : com. marescallo . edwardo com. marchiae . tho. duci oxoniae . ricardo com. vvarr . jacobo de audley . radulpho cromwell , chlr. henrico fitz-hugh . constabulario castri doveriae , & quinque portuum custodi , but none named . the parliament holden at westminster , monday next before the feast of saint martine , in the first year of king henry the sixth . the same monday , before any thing was done , a commission was directed to humfrey duke of gloucester , the kings uncle , for beginning of the parliament , and was read in the presence of the said duke sitting in the chamber de pinct . and before the lords , and commons . after which the archbishop of canterbury , by the command of the said duke , the kings commissary , declared the cause of the said parliament , and took for his theam , principes populorum congregati sunt cum deo. upon which words he shewed many notable sayings , and examples , and amongst them said , that god of his great mercie had left issue unto them of the most victorious prince henry , begotten of the royal bloud of france , whereby the same issue was now become king of france . he further by application said , that as all perfections were comprised within the number of six , and whereby god had made all things in six dayes , so god was to accomplish all the good beginnings of the famous fifth henry , in this sixth henry his son , who would that all estates should enjoy their liberties . he pronounceth , that considering the kings tender age , the same parliament was called for three causes , the first for the good governance of the kings person ; the second , for the keeping of the peace , and execution of the laws ; the third , for the sure defence of the realm . and for that it imported to provide honourable and discreet persons for the said governance , wherein every estate was to shew his advice , and willed them to follow the counsell of iethro unto moses , as it is conteined in exodus , viz. such as should fear god , wise , godly , ha●ing covetousnesse , puissant , &c. and so he willed the commons to choose , and the next day to present their speaker . receivers of petitions for england , ireland , wales , and scotland . receivers of petitions for gascoyne , and other places beyond the seas , and of the isles . tryers of petitions for england , &c. as above . tryers of petitions for gascoyne , &c. as above . on tuesday , the fourth day of the parliament , the commons presented before the duke of gloucester , the kings commissary , and the lords , roger flower esquire to be their speaker , who with the common protestation was allowed . all writs , commissions , and dependants of the same , made by the assembly of the council touching this parliament , are confirmed by authority of the same . thomas bishop of durham , chancellor of england to the late king h. . in the presence of the duke of gloucester and other lords , in the castle of windsor , delivered , and left with the king the great golden seal of the realm of england , whereof he willed them to be witnesses , and that the same may be enrolled . the bishop of london , late chancellor of the dutchie of normandy , delivered the same seal of that dutchy at rome to the duke of bedford , who had the governance of the same , and also in the presence as is aforesaid at windsor the great seal of england , which king h. . gave to him to keep , and prayeth to be discharged of the same by act of parliament , and so was . it is enacted , that the kings stile shall be changed , and that accordingly there might be graven upon all his seals as followeth , henricus rex franciae & angliae , dominus hiberniae . to satisfie the commons request , the duke of gloucester declared to them , that the king had appointed the bishop of durham to be his chancellor , william rindroffe to be treasurer of england , and iohn stafford to be keeper of the privy seal : of all which offices their patents are made and confirmed by parliament . it is enacted that all estates shall have their liberties confirmed , being not revoked ; without these words concedimus to be in any of the said affirmations . where king h. . made henry lord fitz-hugh , walter hunger●ord , walter beauchampe , lewis robsart , william porter , robert babthorpe , iohn woodhowse , and iohn leventhorpe esquires , the executors of his vvill and testament , the king granteth to them l. marks for the performance of the same vvill , marks was due to the executors of h. . by oversight of the overseers of the same vvill of the duke of gloucester , and others lords there named . the schedule thereto annexed conteineth the kings letters patents in form aforesaid . the commons by the assent of the bishops and lords , grant to the king the like subsidie of staple-ware , tonnage and poundage , as formerly , for two yeares ensuing . it is enacted , that all such as were imprisoned in any of the kings gaoles for heresie , or lollardie , should be delivered to the ordinary of the same place to be punished . it is enacted , that all such petitions as are not ended in this parliament , shall be committed to the council , to be determined according to their discretion . the king , by authority of parliament , granteth to the duke of gloucester the office of chamberlain of england , with all the profits , at the kings pleasure . in like form the king granteth to the said duke the office of constable of england . the king , by his letters patents confirmed by parliament appointeth iohn duke of bedford , protector , and defender of the realm , and church of england , and chief counsellor of the king , so long as the said duke ( then being beyond the seas ) should remain in england , and in his absence only the duke of gloucester to supply the said office , the which duke of gloucester in full parliament took upon him the burthen aforesaid , with protestation that the same should not redound to the prejudice of the duke of bedford . it is enacted upon the kings letters patents , that the protectors aforesaid shall , during the kings minority , dispose of all the offices of the forests , keepers of parkes , and vvarrens , and all benefices of the kings gift being above the value of marks , to continue during their lives . certain bishops , lords , and others , are named to be counsellors assisting to the governance aforesaid . the which counsellors took upon them in form following● viz. that all justices of peace , sheriffs , escheators , customers , comptrollers , weighers , searchers , and such other officers , may be made be their advice and denomination . that these counsellors may make the most of all manner of vvards , marriages , farmes , and other casualties of the crown . that nothing be enacted by council , but by six , or more at the least , and in all great causes by all , or the most ; and wherein the king is to be conferred withall , that nothing be therein done without the assents of the dukes of bedford and gloucester . that the treasurer of england , and the two chamberlains of the exchequer , may for every of them have a key to the kings receipt so as they be sworn before the councell , to make none privy thereto other than the councell . that the clarks of the councell may be sworn duely to keep the names of the councell who do sit , and truly to enact all things done by them . the which articles , with the proviso ensuing , were enacted by assent ; provided , alwayes that such officers as have the same for life , or otherwise , may appoint deputies , any of the articles notwithstanding . anne countesse of stafford , daughter , and heir of ellinor one of the daughters and heirs of humphry de bohun late earl of hereford , essex , and northampton , and constable of england , reciteth a partition made between king h. . and her , of the inheritance of the said earl , in the ninth of his reign , at what time certain knights fees in grosse were not parted , whereof she now prayeth remedy , and concerning certain members of the castle of brecknock in wales . the kings councell shall have power , by authority of parliament to take order herein . bartholomew goldbeator master of the mint within the tower , requireth larger commission , touching the coynage and exchange of mony in the said tower , albeit the king meaneth that no minter should hold the exchange ; yet to the next parliament liketh that the said bartholomew should keep the exchange , so he taketh not above three half pence for the exchange of a noble . the print cap. . &c. agreeth with . h. . tit . . the print touching the wages of captains , cap. . agreeth with the record . the like act is made touching exchangers to rome , as in . h. . tit . . it is enacted , that thomas chawcer chief butler to the king shall enjoy the said office during his life , according to the letters patents thereof , made to him by hing h. . in consideration that the prior , and covent of ●nychester , otherwise called prior ecclesiae herodosiae , surrendred unto the king for ever , the common of pasture for forty oxen and kine , and twenty hoggs , with the increase , within the kings parkes of clarindon , and wilts , and the right of one called a stickler , who was to cut wood daily for them within the said park the king granteth to them by the assent of parliament , the priory alien and prebend of uphaven in the cathedrall church of sarum , with the chappel of charleton belonging to the abbey of st. wandragisile in normandy , and licenceth the said abbot to sell , and the said prior to buy the same . upon two petitions of katherine queen dowager of england , and the king , in performance of the league made between the french king , and king h. . by two letters patents granted to the said queen for her dowry , sundry mannors , customes , and other hereditaments of the town , and principality of wales , and dutchy of lancaster there named , to the clear yearly value of marks , the which dowry , and letters patents , are confirmed by the whole estate , wherein sundry provisoes are . petitions of the commons , with their answers . that no man be bound to answer in the chancery for any matter determinable at the common law , on pain of the plaintiff to lose l. the statute made in the r. . shall be executed . the print touching purveyors , cap. . agreeth with the record . the print for avoiding of irish men , cap. . agreeth with the record . a motion for the allowance of sheriffs of no great force . that all liberties granted to the mayor , constable , and merchants of the staple , may be confirmed , and that no plea hanging before the said officers , be removed by writs , or letters . their liberties shall be confirmed without this clause licet to the rest ; as it hath been heretofore , the same shall be . it is enacted , that all offices granted to any person for life , or in fee , by h. . or h. . shall be confirmed , albeit in the grant of the same there be no expresse mention made of the value . anno secundo henrici sexti . rex , &c. humfrido duci gloucest . &c. apud westm. primo die septembris ; numerus & ordo nobilium idem quod in posteriori parliamento , praeterque quod iacobus de berckley omi tendus est . henrico de percie com. northumb . radulpho de nevil com. westmerland . magistro tho. de la warr. vvillielmo de ferrariis de grobie chlr. johanni de vvelles chlr. johanni baroni de graystock . reginald . gray de ruthin chlr. johanni latimer chlr. ricardo strange . roberto poynings . willielmo botreaux . tho. dacre de gilsland . vvillielmo de clinton . vvillielmo de harrington . tho. com. marescallo . edwardo com. marchiae . tho. duci oxoniae . ricardo com. vva jacobo de audley . ricardo cromwell , hlr . hen. fitz-hugh . the parliament holden at westminster the twentieth day of october , in the second year of the reign of henry the sixth . after the commission read made to humfry duke of gloucester , sitting as in the last parliament , tit . . the bishop of durham being chancellor of england , by the dukes commandement , declared the cause of the said parliament , and took for his theam , deum timete , regem honorificate . upon which words he shewed , how we ought to fear god , viz. with a child-like fear , quoniam qui timet deum , diligit eum , & tunc illuminabitur cor ejus . and that the king ought to be honoured , sith this realm had their longing , viz. that the king of england might be king of france , the which being brought to passe by the travel and conquests of this kings father , enforced the same according to this saying , omnis qui diligit eum qui genuit , diligit eum qui natus est . he further sheweth , that the lords of the council appointed in the last parliament for the governance of the realm , and observation of peace during the kings minority , were assembled , to the end they might by advice and assent of the commons , perfect the same ; wherefore he willed the commons by their assembling to choose their speaker , and to present him to the said duke , the kings commissary . receivers of petitions for england , ireland , wales , and scotland . receivers of petitions for gascoyne , and other places beyond the seas , and of the isles . tryers of petitions for england , &c. as above . tryers of petitions for gascoyne , &c. as above . on friday the . of october , the commons presented before the commissary and lords , iohn russell esquire , to be their speaker , who with the common protestation was allowed . where iohn la talbott of furnivall being the kings lieutenant of ireland , had accused iames boteiler , earl of ormond , of certain treasons , depending before iohn duke of bedford , and constable of england in his marshals court ; the king to appease the same doth by assent of parliament utterly abolish the said accusation , and suits upon the same . note , the accusations are particularly recited . the commons doe send certain by name to the duke of gloucester , for vouch safing to make them privy to the treaty of the scotish ambassadour , for the delivery and marriage of the scotish king , which they liked well . the order that the minter within the tower shall keep the exchange conteined in the last parliament , tit . . is to continue at the kings pleasure . it is enacted , at the petitions of the north counties , that a coinage should be at york during the kings pleasure , and that all men doe bring in their gold there to be coyned , which is not of full weight . on wednesday the th day of december , the chancellor by the kings commissary appointed and adjourned the parliament , from the same day unto the next after saint hillary , then ensuing . on the th day of february , being the last day of the parliament , the commons granted to the king for two years the subsidie of poundage , as in , &c. the names of such bishops , lords , and other persons as were appointed to be of the kings council . all which persons took upon them to be counsellors upon certain articles for the orders touching the council , far swarving from the articles in the last parliament , tit . . to . and much in derogation of the protectors power . amongst all the articles i find this not the worst , that the clerk of the council should be sworn ever to preferr , and to procure the poorest man his bill , and answer ; and the kings sergeant for council to take no money therefore . iohn mortimer of bishops hatfield in the county of hereford knight , being committed to the tower for supposition of treason done against h. . broak the tower in the first year of this king , for which breach he was indicted of treason , and thereupon the same indictment by consent of parliament was confirmed to be good , and the same iohn being after apprehended was at this parliament brought , against whom upon the same indictment , judgement was given that he should be carried to the tower , drawn through london to tibourne , there to be hanged , drawn , and quartered , his head to be set on london-bridge , and his four quarters on the four gates of london . note , that the judgement for the same is strange , that any man in a quiet time , and a realm of peace , should be condemned upon a bare indictment , without arraignment , or due tryal . upon the petition of katherine queen of england , a new dower is to her assigned by assent of parliament , for that sundry defaults were in the same made in the last parliament . at the request of the executors of h. . the king by his letters patents appointeth to pay to the executors of king h. . markes , to the end they the last executors should pay the first , and discharge the will of h. . which letters patents are confirmed . the executors of h. . prayen delivery of jewels , plate , and goods of the said h. to the value of marks , which is granted . it is enacted , that as well the executors of h. . and h. . shall pay all the debts of those kings due by talley , as by debentors . it is also enacted , that all such as have any of the kings jewels in gage , shall not deliver the same till they be paid . at the petition of the executors of h. . it is enacted , that the said executors shall have all the wards , mariages , goods , debts , and chattels , which were the said kings , to the payment of his debts , by the oversight as in the last parliament , tit . . the bishop of durham , executor to the late archbishop of york , and others prayen the payment of l. ●ent to the king h. . upon a tabernacle of gold , late belonging to the duke of lancaster , and to be discharged against the said kings executors for the delivery of the said tabernacle , both of which are confirmed by common assent . it is enacted , that the bishop of winchester shall have letters patents to be payed out of any the customs markes , which he had lent to king h. . the king by letters patents appointeth certain bishops , and others to treat , and finally to conclude at durham with the scotish ambassadours , for the delivery of iames the scotish king , and of him to make delivery , according to their orders : the which letters patents are confirmed by common assent . edmond earl of march , son and heir to roger earl of march , sheweth how king h. . for the summ of marks paid to certain the kings creditors by the said earl , promised to the said earl of word of mouth his own mariage , being then the kings ward , the which he requireth to be confirmed by parliament : the which was granted . a rehearsal by thomas duke of exeter , how that king h. . before his death , should much repent to the said duke , by taking away the land of the lord le scroope , upon the attainder of h. the last lord ; for that he understood that the same were entayled to iefferey , stephen , and iohn le scroope his brothers ; and that the lord fitz-hugh , and william porter , to whom part of the said lands were given , were contented on proof of the intail , to make restitution of the same . iohn stafford , treasurer of england , prayeth , that the schedule indented made between him on the one part , and the executors of h. . on the other , touching goods of the said king delivered to the said executors , to the value of marks , might be confirmed , and he thereof discharged , the which is granted . note , the inventory containing the jewels , cloathes of arras , apparel , and goods particularly , with their prices , wherein you shall see plain gownes of the kings of lesse value than s. and such other costly apparel , as the worst pages of the least nobleman in these dayes would scorn to wear . iaques dutchesse of gloucester is made a denizen by the whole assent of parliament . anne , wife of the duke of bedford , is also made a denizen by the kings letters patents , which are confirmed by the parliament . where king h. . had granted to the dukes of bedford , and exeter , and to sundry other persons certain lands , parcel of the manor of iscelworth , with sundry priories , manors , fishings , and other hereditaments , to the use of the abbesse and covent of the monastery of syon , they require that the same may be confirmed by common consent ; which is granted . at the petitions of iohn earl of huntingdon , being prisoner in france , by common consent there was given to him towards his ransom the earl of gancourt , and the earl of tokervile , being french prisoners here . at the petition of ioane queen of england , wife to h. . the king by common assent restored to her all her dower , and arrerages of the same , and all her goods taken from her . it is enacted , that the merchant strangers shall only pay s. d. subsidy for every sack of wool , notwithstanding the grant made in h. . at the petition of the master , and brethren of the hospital of st. leonards in york , it is enacted , that they doe enjoy all their threaves of corn within the counties of york , cumberland , westmerland , and lancaster , and that they may recover the same by actions of debt , or detinue . it is enacted , that iohn duke of york , shall by his attorney , or attorneys , be received in any court to sue , or be sued in any action brought for any hereditaments , where the reversion or remainder belongeth to the said duke ; the print , cap. . agreeth herewith . the print touching the staple at callice , cap. . agreeth with the record . it is enacted to continue unto the next parliament , that no licence be granted to any person to transport any slight looms of hampshire , kent , sussex , and york , but only at callice . it is enacted , that if any person shall carry out of the realm any staple ware from the staple at callice uncustomed , he shall forfeit the same , and make fine , and ransom at the kings will ●● cap. . agreeth herewith . the print touching the mint at callice , cap. . agreeth with the record . the print touching the liberties of the church , cap. . agreeth with the record . the print that no cordwayner shall be tanner , cap. . agreeth with the record . that in assizes , or other vvrits of entry , no man be delayed by the defendants affirming any reversion or remainder to be in the kings hand , where none is indeed , and that all feofments or grants made by any disseisor upon collusion to the king , to be void . the king will be advised . the commons require that some commission be granted to determine the manifold oppressions , and misdemeanors done by iohn lord talbot , and sr. william talbot knight , his brother , and by sundry other named their servants , and officers , to sundry the kings subjects , within the hundred of norman-low in the county of hereford , being ancient demesne , as parcell of the castle of goderich , and that every of them might find surety for the peace , according to their estates . all which was granted . the print touching the sureties of the irish , cap. . agreeth with the record . the print touching the money of blankingallie half penny suskins , and dodkins , cap. . agreeth with the record . it is enacted to endure till the next parliament , that clothes of broidery of gold , or silver , being wrought with copper gold of luke-honey , with spanish lattin set to sale be forfeited to the king , or lords of the liberties . a motion touching men being outlawed , being beyond the seas in the kings service , of no great purpose . the justices of peace within the counties of surry , kent , and essex , shall at all times needfull , have commission to enquire of all annoyances done in the river of thames . it is enacted , that all officers of the kings letters patents , in any of his courts , shall be sworn to appoint able clarks , and ministers under them , as for whom they will answer . the print cap. . agreeth herewith . the print touching the due measures of tonnes , and pipes , cap. . agreeth with the record in effect , but not in form . the print touching mynters , goldsmiths , bullion , cap. . agreeth with the record . the print touching the master of the mint , and coynage , cap. . agreeth with the record in effect , but not in form . it is enacted to endure untill the next parliament , that all justices of peace , by processe may call all masters before them , and them examine what wages they give , and finding them to give more than the statute would , then to commit them to prison , to make fine , and ransome , at the kings will. a generall commission touching sewers , is devised , and enacted by common consent . the print against trunkes , and nets , cap. . agreeth with the record . it is enacted to continue untill the next terme , that he in the reversion shall be received on the defendant of tenant for terme of life , albeit the same defendant were recorded , and for matter moving the justices deferred unto the next terme , as which time , he in the reversion cometh . it is enacted to continue as before , if any be indicted , appealed , or taken for suspicion of high treason , and therefore to be committed to prison , and break the same prison , that such breach shall be high treason . anno tertio henrici sexti . rex , &c. chariss . avunculo suo thom. duci oxoniae , &c. apud westm. ultimo die aprilis . teste apud westm. vicesimo quarto februarii . henrico percie com. northumber . radulpho nevil com. vvestmerland . humsrido com. stafford . ricardo com. arundell . magistro tho. de la vvarr . vvillielmo de ferrariis de grobie . johanni de welles chlr. johanni baroni de graystock . reginal . gray de ruthine chlr. johanni de latimer chlr. roberto poynings chlr. vvillielmo botreaux chlr. tho. dacre de gilsland chlr. willielmo de clinton . vvillielmo de harrington . jacobo de audley chlr. joh. gray de codonore chlr. radulpho cromwell . lodowico robessart chlr. jacobo de berckley chlr. auford . ricardo berckley . vvillielmo lovell chlr. humfrido duci gloucestriae . johanni com. marescallo . johanni de talbot milit . noe lord warden . these names are written twice in the originall . affidatio dominorum . memorandum , quod quarto decimo die maii , praesentibus in eodem parliamento , praelatis , magnatibus & aliis subscriptis , viz. humfrido duci gloucestriae protectori , & defensori angliae . hen. archiepisco cant. johanni episcopo london . hen. episcopo winton . cancellar . angliae . episc. meneven . philippo episc. wigorum . tho. episc. dunelm . willielmo episc. carliell . tho. duce oxoniae . hum● . com. stafford . hen. com. northumber . abbe de ramsey . abbe de reading . abbe de berlings . magistro johan . staff. thesaur . angliae . magistro willielmo alremth . custod . privati sigilli . johanne de gray . vvill. de ferrariis de grobie . jacobo de audley . ludovico de burchie● . radulpho de cromwell . johanne le scroop . vvillielmo de clinton . roberto de poynings . vvillielmo de botreaux . willielmo de harrington . johanne de dacre . johanne de roos infra aetatem , existent . ricardo nevil custode west-marchiae . waltero hungerford . johanne tiptoft . willielmo porter . tho. chaucer . auditisque & diligent●r consideratis nonnullis damnis , divisionibus , dissentionibus , & aliis inconvenientiis quā pluribus quae ex controversia & clameo per iohannem com. marescallum versus ricardum com. warr. de & super sessione ipsius comitis marescall . supra praefat . comitem warr. in parliament . regiis adin . motis & subortis , ne dum inter corum consanguineos & alligatos verum etiam caeteros ligeos possent , quod absit , veresimiliter evenire pro hujusmodi damnis , divisionibus , & inconvenientiis sedandum , & pacificandum , & vitandum , nec non pro pace & quiete regis & regni inviolabiliter conservandis ; praefatus protector , ac omnes & singuli praefati magnates , & alii praedicti suis sacris se mutuo alligabant , & fideliter affidabant , quod nullus eorum alteri praedictorum comiti in praemissis parcialiter adhaeret , nec partem alterius eorum aliqualiter assumeret sustentandam ; sed quod ipsi & eorum quislibet , se in hac parte indifferenter haberent , ac pro pace regia inconcussa observandum , fideliter astarent suis viribus , atque posse : & ulterius ordinatum suit , & unanimiter concordatum quod uterque praedict . eorum comitum per suum consilium in camero tunc sequente jus , & titulum sedis suae in hujusmodi parliamento inscriptis apponat in parliamento supradict . ut hiis visis & intellectis per ipsorum protectoris , praelatorum , magnatum , & aliorum praedict . maturas discretiones , & consilia praedict . controversiae , & clameo finis congruus posset celerius adhiberi , ac pax , unitas , & concordia inter ipsos comites , & eorum consanguineos , & alligatos pro perpetuo facilius solidari . the arguments of the challenge made by john earl marshall to have his place in parliament above richard earl of warwick ; with the answers of the said earl of warwick against the said challenge . first , it was alleged for the earl marshall , that according to a pedegree delivered to the parliament , he was descended of the bloud royall from thomas of brotherton son to king edward the first , and bare the armes of this land , by which bloud , and armes , he claimeth to have place in parliament , afore the said earl of warwick . the earl of warwick by the mouth of sr. walter beauchamp , saith , that though the earl marshall claimeth place in parliament by bloud , and armes , yet he claimeth no possession had by none of all his ancestors ; but the earl of warwick allegeth possession in himself above the earl marshall , in this sort following . first , in a parliament in anno . r. . certain appellants were written in this order ; first , the duke of gloucester , that was son to king e. . next the lord of darbie , that was after king h. . and then the earl of darby , the next to him the earl of warwick , father to the now earl , defendant , and then afterwards the earl marshall , father to the now earl. item also king h. . kept a great councell at westminster , where debate was moved between the earles of kent , and arundell , for their places in parliament , and likewise between the earl of warwick , and the earl marshall , brother to the now earl marshall , where it was determined , that the earl of kent should have place above the earl of arundell , and that the now earl of warwick , above the then earl marshall , and so they were both set personally in possession . in a patent of king r. . made to thomas duke of gloucester , of holdernes , and okeham , in the testees the earl of warwicks father was set before the earl marshalls father . item , in a letter sent to the pope by king r. . for the matter of provision , the name and seal of the earl of warwick , was set before the earl marshall . item , though the earl of arundell be not of the bloud royall , nor ever bare the armes of this land , yet he hath had place in parliament alwayes above the ancestors of the earl marshall , without interruption . item , he requireth the duke of gloucester to call to his remembrance the parliament holden at leicester , . h. . where notwithstanding the noble service done by the duke of exeter , then being earl of dorset , in the dutchy of guienne , who was of the bloud royall , and uncle to the king , and bare the royall armes of england , and france , yet neverthelesse the said earl of warwick had place above the said marshall , and the said earl of dorset . item , where the lord stafford that now is , is lineally descended from e. . by royall whole bloud , and not demi sanguinis , by his mother , the countesse of stafford , daughter of thomas of woodstock , duke of gloucester , yet the earl of warwick hath place above the lord stafford . item , it was declared that e. . had issue by his second wife , the french kings sister , thomas of brotherton , and edward the younger brother , which thomas the lord marshall is descended of , and of edmond the lady princesse , and the earles of kent came of the younger , and that their difference in armes was further off then the earl marshalls , yet they had place before the said earl marshall . item , it was also declared , that e. . had another wife named ellinor , daughter to alphonso king of spain , by whom he had a daughter two yeares elder then her brother e. . which daughter was wedded to the earl of hereford , by whom she had two sons , and two daughters , the one named earl of hereford , and the other earl of northampton ; the elder daughter being wedded to courtney afterwards earl of devonshire , who by this meanes was lineally descended of the bloud royall , and yet the earl of warwick had his place in parliament be●ore him . it was moved , that where commandement was before given , that the earles should both forbear to sit in the parliament house , untill the title of both parties were by their councell declared in writing ; there were then writings exhibited into the court , declaring each others titles . item , it was alleged for the said earl of warwick , that he ought to enjoy the possession of the place in parliament , till the said earl marshall had a judgement for his right . item , it was answered for the earl marshall , that such possession had against title of right , which began but lately by commandement , ought not to be affirmed , nor put him to his action , or out of possession , for lack of judgement . item , it was desired by walter beauchamp , for the earl of warwick , that learned men might examine the matter , and if they should find the same otherwise over - ruled than the law would , that the said commandement might be reformed , and that they might declare for the lord of warwicks possession , and suffer him to enjoy the same peaceably , seeing that all exceptions given on the earl marshals part , may not hurt the possession of the earl of warwick . the writings of both sides being shewed , it was desired for the earl marshall , that forasmuch as in his opinion he had brought sufficient proof , he might have judgemenr , and that the earl of warr. might be excluded from claiming , or challenging the said place ; and that all matters declared for the earl marshall , might be entred of record . and for the better and more speedy determination of the said controversy , the said iohn earl marshall caused to be shewed unto the court of parliament , that r. . by his letters patents dated the . year of his reign , created thomas then earl of nottingham and marshall of england , duke of norfolk , giving him also for the better sustentation of the said title , forty marks yearly : to hold both the said title , and stipend to him and ●is heirs males , which said thomas duke had issue , thomas and iohn , now earl marshall , which thomas died without issue , and so the said iohn claimeth to be duke of norfolk , as heir u●to his brother thomas . the said earl marshall made humble petition to the king , and to the said duke of gloucester , his beloved uncle , and the rest of the lords , that he might be so reputed , and declared duke in that parliament ; saving alwayes the right of possession of him , and his heirs of his body coming as earles of nor●olk , to his place in that high court , above his said cousin the earl of warwick ; desiring all that all other matters by him and his councell notified , and declared , might be entred of record . the king upon consideration of the said letters patents , and such other proofs as the said earl marshall had made and declared , by the advise and consent of the lords spirituall and temporall , and the commons of the realm , &c. caused it to be declared , and with one assent accorded ; that the foresaid iohn earl marshall , as son of the aforesaid thomas , duke and brother , and heir of the said thomas son of thomas , by vertue of the said letters patents , and by succession , should from thenceforth be held and reputed duke of norfolk , and should use and enjoy the stile , title , name , and honour of the duke of norfolk , according to the tenor of the aforesaid letters patents : which declaration &c. accorded , the said lord chancellor by authority from the king , openly delivered ; whereupon the foresaid iohn , as duke of norfolk , immediately did homage to the king ; which done , the king commanded the said duke , to take his place amongst his equalls , which he did most thankfully . the parliament holden at westminster the last of april , in the third year of king henry the sixth . at the beginning of the parliament before , the king sitting in person in the chair of estate , in the painted chamber , there being the lords and commons , the bishop of winchester chancellor of england , declared ; that the kings will was , that all estates should enjoy their liberties : and for his theam he took these words , gloria , honor , & pax , omni operanti bonum : the which he divided into three parts , viz. bonum honestum , as which consisted in due obeysance of the subject● : bonum del●ctabile , as which stood in giving good counsell : and bonum utile , which was by free and willing sustentation , or relieving the prince , and commonwealth . by the first , god was most glorified : by the second , the prince best honoured : by the third , the subjects sa●ety governed ; according to the saying of luke , gloria in excelsis deo , & in terra pax , hominibus bona voluntas . glory is given to god by due obedience of the subjects : the prince is honoured by sound counsell : the subjects governed in peace , by relieving the prince : wherein he affirmeth that princes ought to be obeyed , though they were evil , according to the saying of peter , obedite praepositis : for albeit they were not good , yet for that they commanded many good things to be observed , they ought to be obeyed ; and remembreth , sicut princeps tenetur regere regaliter , sic plebs obedire . the second division touching sound counsell , he allegeth , sapient . . salus ubi multa consilia ; and therein shewing , how the elephant had three properties ; the one for that he wanted a gall ; the second , ●or that he was inflexible , and could not bow ; the third , for that he was of a most sound and perfect memory ; the which properties , by application , he wished to be in all counsellers . first , that wanting a gall , they should thereby be free from all malice , rancor , and envy ; by being inflexible , that they should worship no reward , nor in judgement respect any person ; of a ripe memory , that they by remembring perils past , might prevent dangers to come . the third , for relieving the king ; he proved that the same ought to be done with all readinesse of mind , considering that god by the young prince , his chosen vessel , had not only governed them in safety , but also given to them honourable victories , and great conquests : all which ought to enforce them more willingly to offer , than the same should readily be taken . wherefore he willeth the commons by their assembling to choose their speaker , and the next day to present him . receivers of petitions for england , ireland , wales , and scotland . receivers of petitions for gascoyne , and other places beyond the seas , and of the isles . tryers of petitions for england , &c. as above . tryers of petitions for gascoyne , &c. as above . on wednesday the second of may , the commons presented before the king , and lords , sr. tho. nanton knight , to be their speaker , whose excuse being refused , he with his protestation was allowed . a great debate arose upon the claim of iohn earl marshall against richard earl of warr touching the higher place in the parliament house , both of which earles were commanded , not to come at the house , till the matters were fully heard , but that the councell learned of either of them , should be heard what they could say touching the same : and for that the lords should be judges of the same , the duke of gloucester being protector , and other the bishops , lords , and others of the lower house , swore upon the gospel , that they would uprightly judge the case , leaving all affection . for the proving of the earl marshalls title , roger hunt , of his councell learned , exhibited to the lords a pedegree , shewing , that the said earl marshall came of the bloud royall , and gave the armes of england , whereby he ought to be preferred . note , the said pedegree proveth the earl marshall to come of the bloud royall , from e. . it farther sheweth the said earl to be allyed in bloud to the king , from thomas earl of lancaster . it also affirmeth the said earl to be allied in bloud to the king , by the line of the earl of arundell . to all this sr. walter beauchamp knight , being of the councell learned of the earl of warr. answereth , and by many authorities , sheweth ; that antiquitie hath had superioritie above the bloud royall , and so enforced the title of the earl of warr. but chiefly he relyeth upon the possession of the earl of warwick . herein is to be noted , that the affirmations , answers , and replications of both parties being very long , contain many good reasons , and sundry lines of noble-men very delectable to be read . the councell for both these earles were instant for judgement : in the end it was devised , and the said earl marshall for pacifying of the same , required , that he might be restored to be duke of norfolk , according to the creation of thomas his father , as brother , and heir to thomas who died without issue , son of the said thomas his father ; the which for sundry considerations worthy the sight , was granted . on friday the fifteenth day of may , the duke of gloucester by the kings letters patents there read , proroged the parliament from the same day , unto the thursday then ensuing . iohn lord talbot , with other lords there named , were bound by recognizance in the chancery , that the said iohn should keep the peace towards hugh wenlockward , that he should appear at the next parliament . the lords of the parliament by name , promised by their faiths , to the bishop of vvinchester , that they will not hinder , but further such assurance as shall be made to the said bishop by the king , for money to him lent . the commons by the assent of the bishops , and lords , grant to the king the subsidie of wools for three years ; and tonnage and poundage for one year , upon condition , that merchants aliens should hardly be looked unto . touching the charge of scotish hostages according to one article of league , it is enacted , that the wardens of the marches shall not hereafter be impeached for attempting any hostage for the other , but that upon their oathes they be discharged . and further , that they may take two , or more hostages , for one , as of good will , and no duty . it is enacted , that the quarrell , and combat betwixt the duke of gloucester , and duke of burgaine , do in no case proceed , but , that the same by the kings letters patents , be committed to the old french king , the kings mother , and to the regent of france , and that the duke of burgain do deliver into indifferent hands , the person of my lord of gloucester . it is enacted , that the kings councell shall have power to make assurances to the bishop of winchester , and other of the kings creditors , of all such debts as are due to them . after which , the kings letters patents were made to the said bishop , to receive l. of the first money of the kings customes , or revenues of the crown arising , the which are confirmed , for which also the kings jewells are to him gaged . where iohn bishop of ely in affidavit against iohn baldward of sutton , and others , recovered acres of marish in wisbich . it is enacted , that the execution of the said recovery should stay unto a certain time , and that before the same time , there should be a perambulation made between the shires of lincoln , and cambridge , by which , if it fell out that any of the premisses were within the county of lincoln , that then neither the said bishop , nor any of the tenants within the county of wisbich-hundred , shall claim any common of pasture in any of the same found , and contrarily , that the said baldward , and other tenants of sutton , should claim no common in any of the premisses found to be within the county of cambridge . and note , that certain lords there named , were seized of the mannor of sutton in use , by the feoffement of h. . the executors of h. . granted unto the executors , certain of the kings revenues which they had in use , by the feoffement of marks , the which the king by his letters patents , and authority of parliament , confirmeth . sr. iohn cornewall knight , father in law to the earl of huntington , then prisoner to the earl of vandosme in france , having by assignation , the wardenship of the body , and lands of iohn arundell , the son and heir of iohn arundell of arundell knight , except to the king marks , prayeth the same yearly rent towards the payment of marks , disbursed to the earl vandosme , towards the ransome of the said earl of huntington , the which is granted . at the petition of the said earl of huntington , the lord of gancourt and totovill , french prisoners , are delivered to the said sr. iohn cornwall for markes disbursed for part of the said earls ransome . these titles only concern the delivery of the said lords , de totevill , and gancourt the french prisoners aforesaid . at the petition of theobald gorges , the son of thomas gorges , who being in ward to the king for the fourth part of the mannor of sturmists marshall in the county of dorset , holden of the king in chief , by knights service ; it is granted , that he shall have his livery , notwithstanding , that by his office he was within age , the which office he did disprove by meanes . at the petition of anne late the wife of edmund earl of march and ulster , it is enacted , that the said anne shall have livery of her dower , upon finding of any offices after the death of the said earl , upon her oath not to marry . the duke of exeter , thomas by name , having the custody of the body , and lands of iohn , son and heir of william lord roos of hamalake , of whose receipts the king dischargeth him . the king confirmeth to ellinor de welles , during her life , markes out of the exchequer , granted by king r. . iohn lord scroop of masham is restored to all such hereditaments as he can prove to be intailed to henry late lord le scroop , saving all fee simple lands to the king. at the petition of william fitz-hugh knight , son and heir of henry lord fitz-hugh , it is enacted , that the escheators of york do by a day return the offices found after the death of the said lord , and if none be found , that then he surcease to take the same , and that certain there named , do by commission take and return the said offices . where the king lent to the duke of gloucester markes in certain yeares to be repayed , it is enacted , that the lords of the councell shall take the sureties for the said payment . petitions of the commons , with their answers . that such merchants of the staple as pay custome , and subsedie for any their ware , and that the same ware do perish , may ship as much freely . upon due proof of such losse , the councell shall have power to end the same . that the merchants of the staple , having their sarplers , and packets , duely weighed , be not therefore by any suggestions after impeached . the king will be advised . that such parsons , or vicars , as do not the service , and administer not the sacraments in chappels of ease , to their cures annexed , may be enquired , and punished . there is sufficient remedy provided heretofore . that all parsons , and vicars , and others , having cures , and not resident thereupon , may forfeit their benefices , the one half to the king , and the other half to the patron . the king hath charged the archbishops of canterbury and york , to provide remedy therein . that no man of good name be impeached by the accusation of any being in the sanctuary , unlesse suretyes be bound that proof be thereof made . the statutes therefore made , shall be observed . the commons of northumberland prayen , that the extortions of the sheriffs by yearly leavying certain summes of money called head pence , amounting to l. may be utterly abolished . the same is committed to the kings councell . that such merchants as are robbed by the britains in the time of truce , may have letters of mart. as in next before . that remedy may be provided for such victualls as are taken up by the souldiers lying in sundry towns. the grieved upon complaint , shall be heard . the print touching masons , cap. . agreeth with the record . the print touching the river of ley , c. . agreeth with the record . the print that no man shall carry over sheep , cap. . agreeth with the record in effect , but not in form . that all men imprisoned for treason , felonie , or lollardy , may come to their answers speedily . the statutes before made , shall be observed . that the treasurers of the chamber of h. . and h. . who only are accomptable to the king , and not in the exchequer , may pay all due debts due upon tallyes . the king will be advised . the print touching the passage over of butter and cheese , cap. . agreeth with the record . that the justices of peace in every county may redresse all matters of sewers , and touching the waters . the statutes therefore made , shall be observed . the print touching the concealment of customes , cap. . agreeth with the record . that the feoffees as buy lands of the kings tenants in tayl , may enjoy the same against the king. the king will be advised . anno quarto henrici sexti . rex , &c. charis . avunc . suo iohan. duci bedfordiae , &c. apud leceist . . die febr. teste apud westm. septimo die ianuar. humf. duci gloucestriae . tho. duci oxon. johanni duci norfolk . hen. com. northumb. humfrido com. stafford . jacobo de berckley chlr. magistro tho. de la vvarr . vvillielmo de ferrariis de grobie chlr. johanni de welles chlr. johanni baroni de graystock chlr. reginal . gray de ruthine chlr. johanni latimer chlr. roberto de poynings chlr. vvillielmo botreaux chlr. tho. dacre de gilsland chlr. vvillielmo harrington chlr. jacobo de audley chlr. radulpho cromwell chlr. lodovico robessart chlr. ricardo strange chlr. johanni le scroop de masham chlr. vvillielmo lovell de fishmorsh chlr. willielmo la zouch de harringworth . waltero hungerford . johanni tibetot chlr. reginaldo le warr chlr. tho. de morle chlr. willielmo cheyney capitali justiciario . rex , charissimo avunculo suo iohanni duci bedfordiae , &c. apud lecester decimo octavo die februarii . teste apud westm. septimo die ianuarii . huumf . duci gloucest . thom. duci exoniae . joh. duci norfolk . humfrido com. stafford . jacobo de berckley chlr. magistro tho. de la warr. willielmo de ferrariis de grobie chlr. johanni de welles chlr. johanni baroni de graystock chlr. reginaldo gray de ruthin● chlr. johanni latimer chlr. roberto poynings chlr. vvillo . botreaux chlr. johan . dacre de gilsland chlr. willielmo clinton chlr. jacobo de audley chlr. johanni gray de codonore chlr. radulpho cromwell chlr. lodovico robesart chlr. ricardo strange chlr. johanni le scroop de masham chlr. vvillielmo lovell chlr. vvillielmo la zouch de harringworth . johanni tibetott chlr. vvaltero hungerford chlr. johanni tiptoft chlr. no lord warden . the parliament holden at leicester the eighteenth day of february , in the fourth year of king henry the sixth . before the king , sitting in person in the great hall of the castle of leicester , the lords and commons then being present there , the bishop of winchester , chancellor of england , declared , that the kings will was , that all estates should enjoy their liberties . he then took for his theam the words of st. paul , sic facite ut salvi sitis ; the which he divided into three parts . the first to god , protecting the faith of the church , against the invasions of the heretiks , and lollards ; the second by imparting some counsell ; the third by granting liberall subsedies . of which he affirmed , that three vertues and commodities would follow , viz. glory to god by protecting his faith ; honour to the king by receiving sound counsell ; and peace to the subjects by liberall granting . vvherefore he willed every estate to labour herein , and the commons to choose , and the next day to present their speaker . receivers of petitions for england , ireland , wales , and scotland . receivers of petitions for gascoyne , and other places beyond the seas , and of the isles . tryers of petitions for england , &c. as above . tryers of petitions for gascoyne , &c. as above . the king appointeth by his letters patents , iohn duke of bedford his commissioner to prorogue , and dissolve the parliament . the twenty eighth day of february , the commons presented before the king , richard vernon knight to be their speaker , who with the common protestation was allowed . upon the commons misliking of the dissention between the nobles , the duke of bedford , and other bishops , and lords , made among themselves a solemn decree , that every of them should without affection , hear , and end the dissention between the duke of gloucester , and the bishop of winchester , so as neither of them should be encouraged to break the peace . to which order , after every of the lords were sworn , they sent the copy thereof to the commons . the fifth day of may it was enacted , that a proclamation should be made in leicester , that all such as had any annuity , fee , or office of the kings grant , or confirmation , and were in the town aforesaid , should there appear before the king , and his councell , on vvednesday ensuing , to abide further direction . the variance between the duke of gloucester , and the bishop of winchester , by their formall instruments , is compromitted to certain bishops , and lords , who by like formality make a full order between them , viz. that the bishop should first submit himself to the king , which he did ; whereupon the duke of bedford in open parliament by the kings commandement , pronounced the said bishop excused , as well of that it was said that the said bishop had procured one to have murdered the king , being prince , as the murderer confessed , who was therefore drowned by the earl of arundell , as also of that it was said that the said bishop should counsell , and have procured h. . being prince , to have deprived h. . his father . besides that they awarded , that the said bishop should acknowledge to the said duke of gloucester an offence , and by his submission to pray his favour , and that the duke should promise the same ; and that in token thereof , either of them should take the other by the hand , which was done . the thirteenth day of march , the bishop of winchester for sundry causes , prayeth to be discharged of the great seal , whereof by common consent he was discharged . the bishop of bath , treasurer of england , was of his office also discharged . the eighteenth of march , iohn bishop of bath and welles , late treasurer of england , by a writ of the privy seal delivered to the duke of bedford the kings great seal of gold in a leather bagg , the which the duke took , and shewed openly , and so sealed with his own seal , and after delivered the same to iohn bishop of london , chancellor of england . the bishop of durham , by vertue of a privy seal to him directed , delivered the last vvill and testament , with a codicell thereto annexed , of h. . ( which was sealed with the great , and privy seales , and the privy signet ) to the lords of the privy councell , who delivered the same over safely to be kept , to mr. vvilliam alenwick keeper of the privy seal . it is enacted , that the lords of the councell shall have full power to bind the king , his heirs , and successors , to his creditors by one assurance for the summe of l. at the petition of the earl of huntington , the king by common consent , releaseth to lewes of burbon earl of vandesme , all the arrearages of his ransome , being taken at agincourt field . the duke of bedford , who had the keeping of the castle at barwick , to him , and his heirs males , with the fee of marks , hath licence by common consent , to appoint a deputy there under him , during his life , at the kings pleasure . it is enacted , that any of the feoffees of h. . may take the homage of fealty of any tenants holding of them . it is enacted , that the kings councell by authority of parliament , shall have power to end all such bills as are not ended by parliament . it is decreed , by common assent of the lords , that the late subsedy of tonnage and poundage granted to the king , ought simply to be payed , notwithstanding any condition . the twentieth day of march , before the lords and commons , the bishop of london , chancellor of england , by the kings commissaries commandement , prorogued the parliament , from the same day , unto the monday next after the feast of st. george , at leicester aforesaid . the first day of iune , the commons by assent of the bishops , and lords , granted to the king the like subsedy of vvools , &c. tonnage and poundage for two yeares , as in &c. the king by common assent , granteth by his letters patents , that the prior of st. trinity in york , being a cell of the abbey of meremaster in france , should be denizens . the king granteth to thomas cornish of uxbridge in the county of middlesex , a pardon for stealing of muttons . at the request of the merchants of hauns , the king according to their liberties , appointeth to them one of the aldermen of london by name , to be a judge between party and party , of the same company of the hauns in all sutes , and that within one moneth after the death , or leaving over of any such alderman , there be appointed to them one other alderman to supply the same . petitions of the commons , with their answers . upon motion of the commons it was granted , that all such merchants as had payed subsedy for their wools , and could prove before the councell that the same , or any part thereof were perished , that then he should shipp so much without custome . that no man do make any advowson , presentation , collation , or induction to any alien , of any benefice , or ecclesiasticall dignity , on pain of the praemunire . the king will be advised . the like motion , and answer as an. . h. . tit . . that every patron may newly present for the non-residence of the incumbent . the bishops have promised to take order therein , the print against bribery of sheriffs , cap. . agreeth with the record . that all strangers being within the realm about queen ioan , may depart out of the realm . the statutes therefore made , shall be observed . that the chancellor of england for the time being , may for reasonable fines , grant licences to the kings tenants ( holding in chief ) to alien their lands , and to the kings widowes , to marry their selves according to their ancient custome . the king will be advised . the print touching the misprision of clarks of the kings court , cap. . agreeth with the record . the print touching knights of the parliament , cap. . agreeth with the record . the print touching transporting of victualls , cap. . agreeth with the record . the print touching assize , and protections , cap. . agreeth with the record . anno sexto henrici sexti . rex , &c. charissimo avunculo suo humfrido duci gloucestriae , salt . apud westm quindena michaelis . teste rege apud westm. quinto die iulii . iohanni duci bedfordiae . hen. com. northumber . johanni com. huntington . humf. com. stafford . ricardo com. warr. jacobo de berckley chlr. magistro tho. de la warr. vvillielmo de ferrariis de grobie chlr. reginaldo gray de ruthine chlr. johanni de welles chlr. johanni baroni de graystock chlr. johanni latimer chlr. roberto poynings chlr. vvillielmo botreaux chlr. tho. dacre de gilsland chlr. willielmo de harrington chlr. jacobo de audley chlr. radulpho cromwell chlr. lodovico robesart chlr. ricardo strange chlr. johanni le scroop de masham chlr. vvillielm . lovell de fishmerch chlr. willielmo la zouch de harringworth . waltero hungerford chlr. johanni tibitott chlr. reginaldo le warr. chlr. tho. de morley chlr. willielmo cheyney capipitali justiciario . rex , charissimo avunculo suo humfrido duci gloucestriae , &c. apud westm. quindena michaelis . teste rege apud westm. decimo tertio die iulii . iohanni duci norfolciae . hen. com. northumb. johanni com. huntington . humfrido com. stafford . ricardo com. sarum . joh. com. oxoniae . radulpho com. vvestmerland . ricardo com. warr. jacobo de berckley chlr. willielmo de ferrariis de grobie chlr. johanni de welles chlr. johanni baroni de graystock chlr. reginaldo gray de ruthine chlr. johanni latimer chlr. roberto poynings chlr. willielmo botreaux chlr. tho : dacre de gilsland chlr. vvillielmo de harrington chlr. jacobo audley chlr. radulpho cromwell chlr. lodovico robesart chlr. ricardo strange chlr. johanni scroop de masham chlr. vvillielmo lovell de fishmersh chlr. willielmo la zouch de harringworth chlr. vvaltero hungerford chlr. johanni tibitott chlr. reginaldo la warr. chlr. radulpho morley chlr. johanni arundell de arundell chlr. johanni gray de codonore chlr. tho. roos de hamelake chlr. waltero fitz-walter chlr. willielmo fitz-hugh chlr. the parliament holden at westminster in the quindene of st. michael , in the sixth year of henry the sixth . in the quindene of st. michael , being the thirteenth day of october , before the king , sitting in the chamber de pinct , the lords and commons being present , iohn arch bishop of york being chancellor of england , declared the cause of the parliament , taking for his theam , machab. . cap. . sine providentia regali impossibile est pacem regibus dare : wherein he noted two points , the one the duty of the prince towards the subjects , the other the duty of the subjects towards the prince . to the first he affirmed three things to belong , viz. that the subjects should be kept from forein invasion , that peace might be kept within the realm , and that justice should be indifferently ministred . and that three things belonged to the subjects , viz. first , largely to relieve the prince in cases of defence ; in peace readily to obey all magistrates ; and humbly to submit himself to the lawes . the which the better to accomplish , the king had assembled the same parliament , whereby he also would that all estates should enjoy their liberties : and for expedition herein , he willed the commons to make choice and presentation of their speaker the next day to the king accordingly . receivers of petitions for england ; ireland , wales , and scotland . receivers of petitions for gascoyne , and other places beyond the seas , and of the isles . tryers of petitions for england , &c. as above . tryers of petitions for gascoyne , &c. as above . on the fifteenth day of october , the commons presented before the king and lords , iohn tirrill esq to be their speaker , whose excuse made , and not allowed , he with the common protestation was liked . the chancellor , by the appointment of the duke of gloucester , to whom the kings letters patents were made for proroguing the parliament , did the same prorogue from the eighth day of decemb. until the quindene of st. hillary then ensuing . the like power is given to the kings council for l. as in h. . tit . . the commons grant to the king , by the assent of the bishops and lords , tonnage and poundage for two years : of every parish church within the realm s. d. for every twenty nobles in value , and s. d. of every person that holdeth immediately by a knights fee , or according to the rate . the king , by common consent of parliament , confirmeth to henry archishop of canterbury the letters patents made by king h. . to the said archbishop , of three acres of land , within the town of higham ferres , parcel of the dutchy of lancaster , erected into a chauntry by the said archbishop , and of the priory of moresey an alien , being parcel of the abbey of st. andreon in normandy . the king by common assent granteth by his letters patents to thomas de roos , son and heir to iohn late lord de roos , an especial livery of all his hereditaments . the king by his letters patents confirmed , granteth that the duke of gloucester , and earl thomas of salisbury , and their heirs and executors , should be discharged of certain jewels which king h. . laid to them in gage , and of all accompts due to the king. iohn multon , and henry heart , executors of the last will and testament of iohn harris of cambridge , prayen remedy against one iohn colls , their executor , for misusing himself : the which matter is committed to the chancellor to be ended . the commons require the king to write to the pope for the purgation of the archbishop of canterbury , who was cited to rome , as one that had wrought against the pope in this realm . the king granteth by his letters patents to iohn merbury esq marks out of the profits of the county of gloucester during his life , in consideration that the said iohn had so much out of the manor of isleworth in midd. given to the nuns of sion . at the petition of certain men there named , to whom king h. . by debentaries did owe , &c. it is enacted , that the said parties should be payed at the hands of the executors of h. . all servants of the late h. the fifths houshold , by especial name , require to have pardons of all debts due by them to the said h. . the which is granted , and confirmed . david ap thomas of cardegan in southwales esq by his petition is made a denizen . iohn sutton knight , hath the kings letters patents of protection for one year . the day of may , humfrey duke of gloucester , protector and defender of the realm , in full parliament affirmed , that he would not sit in the parliament house , before he understood what the power of the protector was , for as much as men speak diversly thereof . after deliberations herein had by the council , and lords , the answer in the beginning it was declared unto the same duke , that he ought not to have been protector , notwithstanding to satisfie his desire , it was granted , that he should be protector , and have further power as in anno h. . ( tit . , . ) the which name of protector or defender , importeth onely a personal duty of attendance to the actual defence of the realm against forein enemies , and inward rebels , and not any especial government , as properly belongeth to tutors , leiutenants , governours , or regents ; for if they had otherwise meant , they then would have expressed more , whereby in council , as principal counsellor he had preheminence ; but in parliament he had no other place , than as the duke of gloucester : so as they wished him now to supply his place in parliament , and to be content with the power aforesaid , for to other they would not grant . the names of such bishops , and lords and others are subscribed to the answer aforesaid . the alteration , and incorporation of the abbesse and nuns of sion , for that the erection was to have the same corporation as well by canons as by nuns , whereto pope martin the . would not agree , that there should be two capacities in one foundation , whereto the canons were exempted in title , but not in deed : so as they should serve securely . it is enacted by the king , lords temporal and commons , that no man should contract or marry himself to any queen of england without the especial licence and assent of the king , on pain to lose all his goods and lands . the bishops and clergy agree to this bill , as farr forth as the same swarveth not from the law of god , and of the church , and so as the same importeth no deadly sin . petitions of the commons , with their answers . the print touching exigents out of the kings bench , cap. . agreeth with the record . that the mayor and officers of the staple , may in all pleas before them proceed to the end , without any removing of the same● according to the law of merchants , albeit the same be against the common laws . the king will be advised . the print touching the arrayes in assize , cap. . agreeth with the record , onely in the record is . dayes , where the print is but . that the statutes made touching merchants , anno h. . cap. , . may be observed , having thereto this adjunct , that the officer doe make fine , and ransom at the kings pleasure . the king will be advised . the like motion as in h. . tit . . the chancellor shall grant such licences as have been used , until the king be otherwise minded . by the motion it appeared , that the kings tenants could not ordinarily have granted a licence of alienation , unlesse he first shewed to the council wherefore the same was made . a motion against a certain tryal in wales called a rayth . the king , and lords merchers will take order therein . that the justices of the peace may award the capias and exigents against the giver , and wearer of liveries . the statute therefore made shall be observed . that the mayor , and keeper of london for the time being , may have the execution of the statute of sewers touching the river of thames . let them shew the bounds of their liberty , and they shall be answered . the print touching labourers , cap. . agreeth with the record . that the statutes made in anno h. . cap. . may continue for . years , with this adjunct , that the outlawed in the said county of lancaster may enjoy any benefit of sute in any other place , other than in the said county , and that they forfeit no goods by such outlawry out of the said county . the king will be advised . the print touching the election of knights of the shire , cap. . agreeth with the record . a motion touching the pardon of h. . of no great force . that the statute made anno h. . tit . . touching the river of ley may be observed , with this adjunct , that all bayliffs and other officers within the precinct of the same , do attend upon the justices , and that the justices for every of their sessions may have like fees as justices of peace have . the statutes therefore made shall be observed . that all the statutes touching the staple may be confirmed , and that no licenses be granted . that all men may have their free passage in dragges , and floats upon the river of severn , without any thing paying therefore . the king will be advised . the print touching the commission of sewers , cap. . agreeth with the record . the print touching the shipping of merchants , cap. . agreeth with the record . it is enacted , that the lords of the councell shall have power to end all petitions not ended by parliament , by the advice of the justices . whereof sundry bills , and petitions the twenty fifth day of iune , were by certain of the lords there named , in the starr-chamber answered , and endorsed . anno octavo henrici sexti . the parliament holden at westminster the day next after the feast of st. matthew , in the eighth year of king henry the sixth . on thursday , being the next day after st. matthew , the twentieth day of september , before the king himself then sitting in the chair of estate in the chamber de pinct . the lords , and commons being there present , iohn arch-bishop of york , and chancellor of england , declared learnedly the cause of the same parliament , taking for his theam , luke . quomodo stabit regnum , &c. the which text , as to the realm of england , he divided into two parts , the one by way of admiration , the other by way of question . he noted causes three , viz. want of faith , the which was the root of all vice , eò quod sine side impossibile est placere deo ; the second , the want of due fear , being the author of every good mind , nam qui nihil timet , negliget ; the third for want of upright justice , being the pillar of every kingdome , namely , ex iustitia sequitur pax , & ex pace rerum abundantia maxime procreatur . in place of which three vertues , he shewed , that within this realm three vices reigned , namely , infidelity by errors and heresies : obstinacy instead of fear , and oppression in place of justice . through infidelity he shewed how iean and the late kingdome of bohemia were destroyed . fear he divided into two parts , the one spirituall , and vertuous , as fearing god , and man for god ; the other carnall , and vicious , as whereby murmure , and rebellion spring , which procured destruction , such as happened to chore , dathan , and abiram . numb . . he also proveth , that for oppression ensued transferring of kingdomes , according to eccles. . regnum alienum in regnum transfertur propter in●us●icias , & injurias . so farre to the first by way of admiration : to the second by way of question , he affirmed , that if true faith , due fear , and upright justice might be restored , there was then no doubt but that this kingdome should flourish . he further sheweth , that as the prince was bound to defend the subjects , and to keep peace , so ought the subjects to minister to the prince liberally of their goods , to the atchieving of the same , to which end the same parliament was called , wherefore he willed the commons to choose , and to present their speaker the next day unto the king. receivers of petitions for england , ireland , wales , and scotland . receivers of petitions for gascoyne , and other places beyond the seas , and of the isles . tryers of petitions for england , &c. as above . tryers of petitions for gascoyne , &c. as above . on friday the second day of the parliament , the commons by certain of their fellowes , declared unto the lords , how they had chosen one william allington esquire to be their speaker , and required respite for presenting of him untill the monday following , which was granted . on monday the sixteenth of september the commons presented before the king , and lords , the aforesaid william , whose excuse being refused , he with the common protestation was allowed . the twelfth day of december , the commons by the assent of the bishops and lords , granted to the king one whole desme , and one fifteen to be levyed of the laity . it was enacted , that the king and his councell should treat with the duke of burbon touching his ransome . for that the king the sixth day of november in this present year , in the day of coronation , had taken upon him the protection , and defence of this realm ; it seemeth good to the bishops , and lords , upon good advise , that the name , and power of protector , and defendor , granted to the dukes of bedford , and gloucester , should from the same day of coronation , utterly cease , and that they the said dukes should have the name of principall counsellors , any order to the contrary notwithstanding : the which name of protector and defender , as touching his own person , the duke of bedford in full parliament did release , so alwayes as the same should not hurt the title of duke of bedford . the twenty ninth day of december , the commons at the contemplation of henry bishop of winchester , and new made cardinall , granted one other desme , and fifteen to be levied of the laity . note the title of the said cardinall is as followeth . reverendissimus in christo pater & dominus , henricus permissione divina , titl . sancti eusebii presbyterii cardinalis de anglia nuncupatus . the same commons do also grant to the king , tonnage , and poundage , to continue unto the next parliament . the chancellor by the kings commandement , declareth , how that the king by the assent of the bishops , and lords , had prorogued the same parliament , from the said twentieth day of december , unto the monday next after the feast of st. hillary then ensuing , at westminster aforesaid . for that no cardinall is to be of any kings councell , but at his own pleasure , the bishops and lords assented , that humble request should be made to the said cardinall , to vouchsafe to be made of the councill , with this protestation , that the said cardinall should absent himself in all affaires , and councills of the king , wherein the pope , or see of rome was touched upon ; which request ●o made , the cardinall took upon him the same in form aforesaid . the king by common consent , hath given to the lord talbot being prisoner in france , as towards his importable ransome , sir william bircham knight , a french prisoner , if that the same sr. william were not to be impeached for the death of the duke of burgundy . and it is to be noted , that the said lord talbot served king h. . in france by the space of two yeares valiantly , without any wages . it is enacted , that the duke of orleance , the kings cosen , then in the keeping of sr. thomas chamberworth knight , should be delivered to sr. iohn cornwall knight , by him safely to be kept . it is also enacted , that the keeping of the duke of burbon should be committed to sr. thomas chamberworth knight . the king by the assent of the bishops , and lords , hath granted his assent to the election of marmaduke lumley bishop elect of carlite . the matters in variance between iohn clement esquire , and the tenants and commons of the county of cardigan , and morgan clifford , against the abbot of stanford , is committed to certain lords there named . authority is given to the councell to make assurances to certain of the kings creditors for l. it is enacted , that the treasurer , and victualler of callice shall receive a certain quantity of staple ware , and other revenues within the same town , to the payment of souldiers there , and of other reparations . the twenty third of february being the last day of the parliament the commons by the assent of the bishops , and lords , granted to the king for two yeares , the like subsedy of wools as before . the commons , by the assent of the bishops and lords , do shorten the payment of the latter dism and fifteen to the king granted . certain articles , to the number of , touching the orders of the kings council , are established by the king , bishops , and lords . amongst which i note , that the dukes of bedford , and gloucester , were in council but as any two other of the council . and this amongst other good orders i see , that the th article of the same willeth to all offices , and benefices of the kings gift , such as had served him and his father should first be preferred thereunto . a goodly president to encourage officers to serve faithfully and painfully , when that their hoping be not turned to haltering . all which said articles , every of the lords of the council , whose names are there contained , promised faithfully to perform . petitions of the commons , with their answers . the king revoketh a grant made to sir iohn st. iohn mayor of burdeaux , and to the jurats of the same , touching a certain imposition to be raised of merchants coming thither . the print touching riots done in the forest of deane , cap. . agreeth with the record . the king by his letters patents confirmed by parliament granteth that the keeper of his free chapel of st. george within the castle of windsor , shall be from thenceforth incorporared by the name of keeper , or dean of the said free chapel . the print touching the privilege of the convocation-house , cap. . agreeth with the record . the print touching denmark , cap. . agreeth with the record . the print touching the power of the commissioners of sewers , cap. . agreeth with the record in effect , but not in form . the print touching liveries of cloath and hats , cap. . agreeth with the record . the print touching weights , &c. cap. . agreeth not fully with the record , being e. . where the print is . the print touching burning of houses to be treason , cap. . agreeth with the record . that the statutes made that all appeals of things done out of the realm should be tried before the constable , and marshal of england , and all done within the realm to be tryed according to the lawes of the realm may be kept . the statutes therefore made shall be kept . the print touching the election of knights for the shire , cap. . agreeth with the record . a motion that sheriffs , and such other officers be not impeached by process out of the exchequer for things not levyable . the kings council shall have power to determine the same . that all burgesses of the parliament may have their writ to the sheriffs of the same shire to levy their fees and wages . the king will be advised . that the justices of the peace may enquire of all pyracies . the king will be advised . the statutes made against breakers of truces in the h. . extend not to the parts of scotland . the declarations made upon those petitions , anno h. . shall be observed . the like motion and answer as anno h. . tit . . that all such souldiers as passe through the realm doe pay for their victuals and lodging . the king will be advised . that all lands doe contribute to the payments of knights fees coming to the parliament , except bishops , lords , and towns , who send burgesses . the king will be advised . the print touching the observation of the statute of labourers , cap. . agreeth with the record . that no subsidy be payed for lambs-wooll sherling , and scalding , but only poundage . the king will be advised . the print touching forcible entries into any hereditaments , &c. cap. . agreeth with the record . besides that the statute by the record doth not fully agree with the print . the print touching processe in indictments and appeals , cap. . doth not fully agree with the record . the print touching taking of apprentices in london , cap. . agreeth with the record . the print touching assigning of errors , cap. . agreeth with the record . the print touching protections for such as should passe over with the king , cap. . agreeth with the record . the print touching felons flying into secret places , cap. . agreeth with the record . the print touching the amendment of records , cap. . agreeth with the record . the print touching inquisitions of escheators , cap. . agreeth with the record . one william lake , servant to william mildred a burgesse for london , being committed to the fleet upon an execution of debt , was delivered by the privilege of the commons house , and authority given to the chancellor to appoint certain by commission to apprehend him after the end of the parliament . wherein is to be noted , that there is no cause to arrest any such man , but for treason , felony , or the peace . a motion answered before in tit . . the print touching shipping to the staple , cap. th . agreeth with the record . the print touching the price of staple ware , and the mint at callice , cap. . agreeth with the record . the print touching privy conveying of merchandize out of the realm , cap. . agreeth with the record . the print touching the inhabitants of callice that use to buy staple ware , cap. . agreeth with the record . the print touching men of newcastle and barwick shipping to callice , cap. . agreeth with the record . the print touching clacking , and inforcing of wools , cap. . agreeth with the record . the print touching subtil dealing in thrumms , cap. . agreeth with the record . the print for payment in gold by merchants aliens , cap. . agreeth with the record . the print touching assize for lands within franchises , cap. . agreeth with the record . the print for the continuance of the mayor of the staple in his office , cap. . agreeth with the record . certain petitions were committed to the council by them to be determined . where the prior of lantham in ireland had removed an erronious judgement given in the parliament in to the kings bench here , which could not end the same , he therefore prayeth to have the same ended in this parliament , whereto no answer was made . of the . and . in print this record maketh no mention . anno nono henrici sexti . rex , &c. humf. duci gloucest . &c. apud westm. die veneris ante festum sancti hillarii . teste humf. duce gloucest . custode agliae apud westm. vicesimo septimo die novembris . hen . com. northumb. ricardo com. sarum . joh. com. oxoniae . radulpho com. vvestmerland . willielmo com. suff. jacobo de berckley chlr. vvillielmo de ferrariis de grobie chlr. reginaldo gray de ruthine chlr. ricardo strange chlr. johanni baroni de graystock chlr. johanni latimer chlr. roberto poynings chlr. vvillielmo botreaux chlr. tho. dacre de gilsland chlr. willielmo de harrington chlr. jacobo de audley chlr. radulpho cromwell chlr. johanni le scroop de masham chlr. willielmo la zouch de harringworth chlr. waltero hungerford chlr. johanni tiptoft chlr. hen. gray de codonore chlr. waltero fitz-walter chlr. willielmo de clinton , chlr. willielmo de nevill , chlr. noe lord warden . the parliament holden at vvestminster the friday next before the feast of st. hillary , in the ninth year of henry the sixth . on the same friday , being the . day of ianuary , the noble prince humfrey duke of gloucester , being keeper of england , sitting in royal estate in the chamber de pinct . many the lords him there assisting , and the commons being there present , for that iohn archbishop of york , chancellor of england ( who by vertue of his office ought to have declared the cause of the said parliament by grievous sickness was unable to do the same ) the said duke appointed william linwood ( doctor of the law ) to do the same , who did so , taking his theam , firmabitur solium regni ejus , parab . . upon which he shewed how that the state and seat of the king might , and ought to be established by a tripple vertue . the first , by unity ; the second by peace ; and the third by justice . unity he divided into three parts , viz. collectivam , as in scraping goods together ; the other constitutivam , as in the comparison of sundry members in mans body ; the third consentaneam , as in the union of every mystical , or body politique . peace he made three-fold , viz. peace monastical , which every man over himself hath ; aeconomical , as touching the governance over his houshold , and political , whereby the kings estate is most assured . justice he divided into three parts : the first , by every subjects due obedience uuto the magistrates : the second by counselling his neighbours , and equals ; the third , by relieving the poor , for that the same unity was divided within the realm by whisperers , and misdemeanors , whereby utter subversion was like to ensue , the king hath called the same parliament for amending of the same . whereby the kings full mind was , that every estate should enjoy all their due liberties ; wherefore he willed the commons to choose their speaker , and the next day to present him to the keeper aforesaid . receivers of petitions for england , ireland , wales , and scotland . receivers of petitions for gascoyne , and other places beyond the seas , and of the isles . tryers of petitions for england , &c. as above . tryers of petitions for gascoyne , &c. as above . the commons the th day of ianuary made a report of their speaker , as in the last parliament , tit . . on monday , the fifteenth of ianuary , the commons presented before the keeper , and lords aforesaid , iohn tirrell esquire to be their speaker , whose excuse being refused , he with his protestation was allowed . the king by his letters patents granteth a safe conduct to mr. iohn okilith an irish-man , to come to the presence of the king and his council . is it to be noted , that to this time , and long after , there came no ambassadour into this realm , before such time as they had the like safe conduct . the grant of one desme and one fifteen , and of a third of both . a grant of tonnage and poundage for two years , with the sub●idy of like value of all merchants strangers , over and above the said tonnage and poundage . the commons also grant to the king , that every lay person holding by a whole knights fee , shall pay to the king s. and so according to the value , under or over , and so of the clergy for lands purchased since the e. . that all other persons having any hereditaments , to the value of l. over all reprises , not holden as above , shall pay unto the king s. and so according to the rate . where sir iohn poultney knight , late lord mayor of london , gave to the master of corpus christi chapel , besides the chapel of st. lawrence in candleweek-street , certain houses , to pay yearly s. d. to the prisoners of newgate ; it is enacted , that the mayor and chamberlain for the time being shall distrain for the same . of the same poultney , the church of st. lawrence aforesaid to this day is called st. lawrence poultney . it is enacted , that the prior of christs-church in canterbury shall enjoy for ever , and distrain for s. quit-rent going out of the tenement some time robert le panners in the parish of st. martin of ludgate . it is enacted , that certain of the kings bloud there named should intreat a peace with the dolphin of france . lewis iohn of thorndon in the county of essex esquire , prayeth , that he be not impeached of any outlawry pronounced against one lewis iohn of the west , being outlawed before the statute of additions , the which was granted . it is enacted , that rice ap madock a welshman should have the kings letters patents to be made a denizen . authority is given to the chancellor of england , to end the sute between lewin le clarke , burgess of gaunt , and william brampton of chestervile in derby , touching a bargain of wooll . it is enacted , that iohn tiptoft , and powis , shall have in fee l. s. d. out of the l which the prior of huntington doth yearly pay to the king for the manor of hereford next huntington , and that the said lord and his heirs may distrain therefore in the said manor . it is enacted , that the mayor of northampton for the time being , shall compell all tenants as have any houses , upon certain streets , and places there named , to * pay the same from time to time . the office of the baily of winchelsey is granted to william pope esquire , during his life . it is enacted , that all the kings council and other head offices there named , shall have yearly out of the exchequer fees by way of reward there expressed . authority is given to the kings council , to make assurances to the kings creditors for l. the print touching the dutchesse of clarence , and other the coheirs of the earl of kent , cap. . agreeth with the record in effect , but not in full form . petitions of the commons , with their answers . the print touching the prorogation of assize , cap. . agreeth with the record . the like motion , and answer , as in the last parliament , tit . . that all outlawries in actions personal , pronounced before the statute of additions made h. . may be pardoned . the king will be advised . the print touching days of payment to be given by english merchants , cap. . agreeth with the record . the print touching the affirmation of all judgements against owen glendor , cap. . agreeth with the record . that in the writ of forging of false deeds , the venire facias may be of both counties , as well where the land doth lye , as where the writ is brought . the king will be advised . that the statute made anno h. . tit . . touching denmark , may be utterly void , and revoked . the king looketh to hear from his ambassador there , and in the mean time he will be advised . the same title concerneth woollen yarn , of no great force . the print that executors may have idemptitate nominis , cap. . agreeth with the record . the commons of northumberland , cumberland , and westmerland , and of the bishoprick , prayen , that the merchants of newcastle may at all times buy , and transport their wools . the king will be aduised . the print touching the free passage on severn , cap. . agreeth with the record . that all judgements given before anno h. . may be good , albeit the letter of attorney of any person in the said judgments be lost , saving to iohn harper and ellinor his wife in fee , their title in the manor of rowley , in staffs . the king will be advised . the print touching the liberty of the borough of dorchester , cap. . agreeth with the record . the print touching the extortion of the sheriffs of hereford , cap. . agreeth with the record . the print touching the weighing of cheese , cap. . agreeth with the record . the print touching the river of ley , cap. . agreeth with the record . the print touching attorneys to be made by religious persons in the north , cap. . agreeth with the record . that attachments and prohibitions against tithe of great wood , may be granted to every person out of either of the benches . the king will be advised . in consideration of l. payed by the merchants of the isle of ely to certain of the county of cambridge , to buy twenty marks land by the year . it is enacted , that the said inhabitants for ever shall be discharged from paying any thing towards the fees of knights of the shire for cambridgeshire . that two persons in every hundred within the realm , may by commission be appointed to search the due making of woollen cloathes , and to seal the same , taking therefore one penny . the king will be advised . anno decimo henrici sexti . rex , &c. humfrido duci gloucestriae , &c. apud westm. decimo septimo die maii , teste apud westm. vicesimo quinto die februarii . iohanni duci norff. hen. com. northumb. ricardo com. sarum . ricardo com. warr. johanni com. oxoniae . radulpho com. westmerland . willielmo com. suff. jacobo berckley chlr. willielmo de ferrariis de grobie chlr. reginaldo gray de ruthine chlr. ricardo strange chlr. georgio latimer chlr. johanni baroni de graystock chlr. roberto poynings chlr. vvillo . botreaux chlr. tho. dacre de gilsland chlr. vvillielmo de harrington chlr. jacobo de audley chlr. radulpho cromwell chlr. johanni scroope de masham chlr. vvillielmo la zouch de harringworth chlr. vvaltero hungerford chlr. johanni tibetoft chlr. hen. gray de codonore chlr. willielmo fitz-hugh chlr. willielmo de nevill chlr. vvillielmo de lovell chlr. johanni de morley chlr. leoni de welles chlr. reginaldo west chlr. johanni beamond . no lord warden . the parliament holden at westminster the twelfth day of may , in the tenth year of king henry the sixth . the same twelfth day of may , in the presence of the king himself sitting in the chair of estate in the chamber de pinct . within the palace of westminster , the lords and commons being there also present , iohn bishop of bath and wells being chancellor of england , by the kings commandment , declared the cause of the parliament , taking ●or his theam the first of peter , deum timete , regem honorificate . by which he noted two points , the first a general counsel to princes for knowledge to learn to obey , and serve god according to the words of the prophet , nunc reges intelligite , erudimini qui judicatis terram , servite domino in timore . the second , a commandement to the subjects , to learn to obey and honour the prince , according to the apostles saying , rom. . omnis anima sublimioribu● potestatibus subdita sit , non enim est potestas , &c. and again , reddite omnibus debita tributum , cui tributum est , &c. the which points he learnedly enlarged with sundry authorities , examples , and similitudes , whereby he approved , that the king and realm of england might easily attain to the top of peace and prosperity , if true fear of god , and honour to the prince , were in the hearts of the subjects : wherefore , for the attaining thereto , and suppressing such rebels as despised the right of the church , and to destroy the ministers of the same , was the one cause of the same assembly . the other cause was for due execution of laws , which was salus cujuslibet civitatis , & regni . and the third cause was , how to inrich the subjects , who of long time have lived in great penury . he further sheweth , how the kings will was , that every estate should enjoy his due liberties ; wherefore he willeth the commons to choose their speaker , and the next day to present him to the king accordingly . receivers of petitions for england , ireland , walts , and scotland . receivers of petitions for gascoyne , and other places beyond the seas , and of the isles . tryers of petitions for england , &c. as above . tryers of petitions for gascoyne , &c. as above . the second day of the parliament the duke of gloucester declared to the bishops and lords , that the declaration of the commons , how that the lords meant in perfect unity to serve , would encourage them to labour with effect , where the said duke promised , that although he were principal counsellor , yet would he doe nothing without the assent of most of them ; the which unity of the lords , was the next day declared to the commons by the chancellor . the ●ourteenth day of may the commons presented before the king iohn russell esquire to be their speaker , whose excuse being refused , he with the common protestation was allowed . a grant of half a dism , and half a fifteen . a grant for one year of the subsidy of wools , and the like tonnage and poundage as in the last parliament , tit . . the king releaseth the increase of the poundage of d. in every pound set upon merchant strangers . the cardinal in full parliament declareth , that he being in flanders in the way to rome , returned back into the realm of his own will , to purge himself of a bruit that he should be a traytor to the realm , whereof the duke of gloucester , by the kings commandement purged him . but the truth is ( as by the next title following may appear ) that the cardinal having certain of the kings jewels in gage , meant to have them brought after him , which jewels were arrested , and stayed at sandwich by the kings commandement ; wherupon the cardinal in a fustian fume came in post for the recovery of them . tonching the jewels stayed at sandwich ( as before ) to the great hinderance of the cardinal , this order was taken , that the cardinal should pay to the king l. more for them , and lend to him l. which was done . the king , by the common assent of all the estates , pardoneth to the said cardinal all offences , punishments , and pains incurred by him against the statutes of provisors . at the petition of ralph lord cromwell , it was declared by the lords , that the lord cromwell was discharged of the office of the kings chamberlain , not for any offence , but for that it seemed good so to the council . at the petitions of the executors of richard whittington , citizen and mercer of london , all the conveyances touching the erection of whittingtons college in london , founded by the said richard , are by common consent to be confirmed . at the petition of the clarks of the chapel , among whom king h. . had given marks , order is granted for the payment of the same . at the petition of the commons order is taken for the payment of the fees and wages of the kings justices , serjeants , and attorneys . it is enacted , that the prior of the charter-house in london doe enjoy a certain ground for ever , coming from islington to their said house , &c. for a conduict , paying to iohn foreby esq and margery his wife , d. yearly , and to the heirs of margery , the said margery enjoying the herbage thereof in fee. the kings letters patents made to the abbesse of sion for transferring themselves from the first place of erection unto another , are confirmed by common consent . the kings letters patents made to margaret sernfield late the wife of nicolas sernfield knight of the manors of bourgh and helston in the county of cornwall during her life , confirmed by common consent . certain accomptants of the kings houshold by name are pardoned according to the order of the house . at the petition of richard duke of yorke , son of richard , brother of edward late duke of york , and cosen to edmond late earl of march , shall have his livery of all the hereditaments of the said late duke , and earl. the foundation of robert thresk clerk , of the chauntery of st. anne , in the church of thresk , with licence to the mr. of the same to purchase lands , are confirmed by common consent . it is enacted , that certain appointed by the feoffees of h. . shall of the profits of his lands in use , levy l. to the payment of certain of the kings house . in the title aforesaid are to be seen as well the names of the feoffees in trust , as of the executors of king h. . the king createth sir iohn cornwall knight , baron of fannhoppe , and thereby to sit and enjoy the liberty of a baronie . petitions of the commons , with their answers . the print touching recognizance before the mayor of the staple at callice , cap. . agreeth with the record . that the defendants in an appeal of mayme may make his attorney . the king will be advised . the commons of hereford prayen , that none be amerced by the sheriffs for any presentments before him in his turn , but by honest persons before the justices in their sessions . the king will be advised . that the statute made in the th of h. . cap. . touching the intreating of merchant strangers may be executed with this adjunct , viz. pains on the merchants and officers of every town , for not executing . the king will be advised . the print touching the election of knights of the parliament , cap. . agreeth with the record . the print touching the restitution of goods taken by the king of denmark , cap. . agreeth with the record . that none be compelled to be examined in parliament , or elswhere , touching his franck tenant . the king will be advised . the commons of cornwall prayen and have like answer as before in this year , tit . . that all such persons as have their goods taken by the merchants of hauns in their parts , may have their remedy by action in london against the merchants of hauns there remaining . the king will be advised . that no merchant or other be impeached for the seal of any cloath , broad or narrow , after such time as the alnager hath sealed the same , and custom paid . the king will be advised . a motion for speedy redress , of and in the actions of all such as were or should be of the commons house . the king will be advised . that all parsonages appropriated not endowing of vicars upon the same within six moneths , shall be disapproriated . the king will be advised . the print touching the entry of such as shall appear in the kings courts in proper person , cap. . agreeth with the record . the print touching the bringing of stone to callice , cap. th . is utterly against the record , which repealeth the statute therefore made , in an. r. . where the print reviveth the same . a motion , and device for the true making of gascoyne wines . the king will send these petitions to the officers of guienne , to appoint them to take order therein . the statute against the extortions of sheriffs , made anno h. . tit . . is made to continue for ever . that prohibitions and attachments may be had upon the statute of e. . against parsons suing for tith wood above the age of . years . the statutes therefore provided shall be observed . the print touching exigents upon indictments or appeals , cap. . agreeth with the record in effect , but not in form . that no person within the county of lancaster being outlawed , doe therefore lose any goods , other than be in the said county , nor thereby disabled but in the same county . the king will be advised . that such religious persons as are contained in the h. . tit . . may barr the plaintiff in those courts where the plaintiff is twice non-suted in such cases as these religious persons offered to wage their law . the king will be advised . that the plaintiff in attaint may recover his damage as well against the petty jury , or every of them , as the tenant of the land , and none on pain be returned in an attaint , unless he may dispend in the same shire five pounds . the king will be advised . at the petitions of the commons , the king for certain doubts utterly releaseth the subsidy granted h. . tit . . so as there be no mention made of the same . the print touching the forfeiture of staple-ware , cap. . agreeth with the record . ioane beauchamp lady of burgavenie , being bound in the chancery with sureties by recognizance in marks , for keeping the peace towards one nicholas burdett , was after upon a scire fac . out of the kings bench upon the same recognizance condemned for procuring certain there named to beat one smith , the which judgement for certain errors she requireth to be reversed ; the errors are well assigned , and day given to her to have judgement at the next parliament . vide h. . tit . . note well the errors , as wherein is a great part of learning , as well touching the recognizance , as the processe , and issue thereupon joyned . anno vndecimo henrici sexti . rex , &c. iohanni duci bedfordiae , &c. apud westm. octavo die iulii . teste rege apud westm. vicesimo quarto maii. humf. duci gloucestriae . ricardo duci ebor. hen. com. northumb. ricardo com. sarum . ricardo com. warr. johanni com. oxoniae . radulpho com. westmerland . willielmo com. suff. jacobo berckley chlr. willielmo de ferrariis de grobie chlr. reginaldo gray de ruthine chlr. ricardo strange chlr. georgio latimer chlr. johanni baroni de graystock chlr. roberto poynings chlr. vvill. botreaux chlr. tho. dacre de gilsland chlr. vvill. harrington chlr. jacobo de audley chlr. radulpho de cromwell chlr. johanni le scroope de masham chlr. vvillielmo la zouch chlr. vvaltero hungerford chlr johanni tipetoft chlr. hen. gray de codonore chlr. willielmo fits-hugh chlr. willielmo de nevill chlr. vvillielmo de lovell chlr. johanni de morley chlr. leoni de welles chlr. reginaldo west chlr. johanni beamont chlr. johanni cornwall chlr. johanni talbott . no lord warden . the parliament holden at westminster the eighth day of iuly , in the eleventh year of king henry the sixth . in the presence of the king then sitting in the chair of state in the chamber de pinct . and of the dukes of bedford & gloucester , bishops , lords , and commons , iohn bishop of bath and wells , chancellour of england , by the kings commandment declared the cause of the parliament , taking for his theam , suscipiant montes pacem populo , & colles justiciam . the which he divided into three parts , according to the three estates by the hills he understood bishops , lords and magistrates ; by the little hills , he meant knights , esquires , and merchants ; by the people he meant husbandmen , artificers and labourers , by the which three estates by sundry authorities and examples he learnedly proved , that a triple political vertue ought to belong , viz. to the first unity , peace , and concord , without feigning . to the second equity , consideration , and upright justice , without maintenance . to the third a due obeysance to the king , his laws and magistrates , without grudging . by which he affirmed that infinite blessings and great commodities would follow this realm ; and for that the same assembly was called as a mean by conference to purchase the same , he willed the commons to make choice of , and the next day to present their speaker to the king , giving them further to understand , he would them to enjoy all their liberties . receivers of petitions for england , ireland , wales , and scotland . receivers of petitions for gascoyn and other places beyond the seas and of the isles . tryers of petitions for england , &c. as above . tryers of petitions for gascoyne , &c. as above . the th . day of july the commons presented unto the king roger hunt esq to be their speaker , whose excuse being refused , he with the common protestation was allowed . the th . day of iuly the duke of bedford declared before the king and lords , that for two causes he came to the kings presence from beyond seas , the one for the safeguard of the kings person , and the other to purge himselfe , for that it was bruited that the kings losses in france and normandy came by his default and negligence ; upon whose offer to try the same , the chancellour by the kings commandment pronounced , that the king took him to be his true and faithfull leige , and most dear uncle , and for his coming gave him most hearty thanks . the day of august for that the plague began to spring in london , the chancellour by the kings commandment , in the presence of him , and of the three estates , gave thanks to them , and prorogued the same parliament from the same day unto the fifteenth day after st. michael ensuing , at westminster . the same day , for that the king wanted treasure to find his house unto the next parliament , it was ordered that the treasurer of england should stay in his hands l. the third day of november the speaker presented unto the king and lords a president of e. . whereby he commanded the clergy to pronounce sentence of excommunication against the offenders , whereof he wished the like execu●ion ; the king taketh the president , and promiseth to be advised thereupon . he also presented unto the king and lords , one article , among others , established in anno h. . that no nobleman or other should retain in his service any offender of the law , or maintain any title , or quarrel . the which article all the lords and bishops there named were sworn before the king to maintain . the thirteenth day of november the duke of bedford by the appointment of the king and lords took oath of all the commons house to perform the article aforesaid . the twenty fourth day of november the commons coming before the king and lords by their speaker , commended the duke of bedford for his notable prowess done in france , and namely for the battel of vernoyle , and also for his politick governance of the realm , for the which they beseech the king to require the said duke to attend about his person ; wherein , after consultation had with the council , the same duke upon the kings motion granted thereunto . after the duke of bedford had taken upon him to be about the kings person , he required six articles to be granted , which by the king and lords were established . by these articles being but reasonable , the duke of bedford recovered some prerogative , which the duke of gloucester lost by the cardinal , and clergies means , his sworn enemies . among them the least , was that a roll should be made of such as had served at any time in the wars , or otherwise , to the end that they should be preferred to all offices and benefits . the sixteenth day of november in the year of the king , the duke of bedford declareth that where he , and the duke of gloucester for their attendance as principal counsellors had some years the fee or allowance of markes yearly , and at other times markes , sometimes markes , some times marks , he would now for his personal attendance only require after the allowance of l. a year , and l. for his passage , and l. for his repassage , for his going , and returning beyond the seas , the which as easie and reasonable was granted . a grant of one desme , and one fifteen , to be levyed of the laity . a like grant for two yeares of tonnage and poundage , as anno h. . tit . . and a subsidy of s. d. of every sack of wooll for three years . authority committed to the council to assure the kings creditors for marks . thomas bishop of durham prayeth , that a commission granted to the king by certain there named , who by vertue thereof sat , and enquired at horton poole being within the connty palatine , might be revoked : whereupon sir william earl knight , the kings attorney shewed , and in manner by good matter proved , that the said bishop ought to have no county palatine , neither liberties royal . of the contrary , the bishop shewed his proof . the matter on both parts is well debated . notwithstanding the judgment was , that the said inquisitions returned into the chancery , or elswhere , should be void . the matter is large , and sheweth the foulness touching liberties in the county palatine . ralph , lord treasurer of england , prayeth , that the estates may consider of the kings revenews and charge , the same revenew being not able to supply the charge by l. by the year ; that order may be taken for the kings houshold ; that hee may enjoy the office as freely as any others before , and that no grant do passe by the king without the knowledge of him the said treasurer . he also by three long schedules thereto annexed , sheweth the particulars o● the whole revenues and profits of the crown , and the charge of the same by all wayes and means , the which was willed to be shewn to the commons , the which was done , and all the requests aforesaid granted . after this the said lord cromwell by another petition sheweth , how warrants for payments were come to him for more than two years profit of the crown , wherefore he eftsoon prayeth consideration of the kings estate , and a prescription for his payment . the three schedules doe solely shew the particulars of the revenews and profits of the crown , and of all the like particular charge of the same . the king by his letters patents , confirmed by parliament , granteth to iaquet of luxemburge dutchesse of bedford , that she should be denizen . the like letters patents are granted to andrew ogard knight , bornn in denmark . the like are granted to ralph sage born in normandy . iohn earl of somerset prisoner in france , sheweth how h. . gave to iohn earl of somerset his father in fee all the manors and hereditaments of owen glendor in northwales , and southwales , that iohn skydmore knight , and alice his wife , daughter and heir of the said owen , by colour of an old intail brought their formedon for the manors of glendor and kenthlith in south-wales : he therefore prayeth , that they and all others , may be fore-barred to bring any action for any the hereditaments aforesaid , other than their petition in the kings bench to be returnable . the which is granted . it is enacted , that the statute made anno h. . that no english man should marry with any of the amity or alliance of owen glendor , should be kept , and that all letters patents made to the contrary , should be void . at the petition of thomas gower , and ioane his wife , the which ioane was born in alanson in france ; it is enacted , that all the children between them should be denizens . iohn earl of arundel being in the kings service beyond the seas , by his petition prayeth to be admitted to his place in parliament and council , as earl of arundel , according as he and his ancestors earls of arundel , lords of the castle , honour , and seignory of arundel , by reason of the said castle , honour , and seigniory had , and ought to have . to this iohn duke of norfolk , being within age , and the kings vvard , by petition answered , that the abovesaid iohn lord montrevers ought neither to have the place nor seigniory aforesaid , for as much as they both belonged to the said duke ; wherefore he prayeth that the said sute may stay till his full age . after this the counsel of the earl of arundel , by order of the lords , exhibited and proved by writing the title of the said earl , by force of an entayl . whereupon the king , by assent of the lords , for the causes of the earl first declared , restoreth to him the dignity and place of arundel . at the petition of humfrey duke of gloucester , whom h. . had created earl of pembroke , and duke of gloucester , only during the life of the said duke , and for them both had granted to him l. yearly ; the king , by authority of parliament , granteth to the said duke the said title , and dignity , and l. to him , and his heirs males of his body lawfully begotten , and the priory of pembroke , being an alien , to him during his life . at the request of hartonkevan cluxt knight , to whom king h. . had granted l. yearly during his life out of the priory of pembroke in wales , an alien , the king , by the assent of the lords confirmeth the same . at the request of the commons it is enacted , that the port of melcombe shall be removed to poole , and that melcombe be no longer a port ; that the mayor of poole may wall the town , take recognizance , and enjoy the like liberty as the port of southampton hath , any statute or ordinance to the contrary notwithstanding . it is enacted , that iohn radcliff knight , steward of guienne , who by the kings warrants should be payed certain summs out of the port of melcombe , should now be paid out of the port of poole . ioane beauchamp lady of burgaveny , to whom day was given unto this parliament , as in anno h. . tit . . may appear , payeth to the king one thousand pounds for the relief of her and her sureties bound for the peace ; the which is granted . the one and twentieth of december the bishops and lords of the kings council were demanded , whether they would attend ? the cardinal , the two archbishops , the bishops of ely and lincoln answered yea , when they could ; all the other promised absolutely to attend . petitions of the commons , with their answers . the print touching the impannelling of men dwelling upon the stewes , cap. . agreeth with the record . a motion , that iohn carpenter of bridham in the county of sussex , who cut the throat of isabel his wife , and then ripped up her womb to see whether she were with child , might therefore have iudgement to be hanged , drawn and quartered . for that the same seemeth to be against the liberties of the church , the king will be advised . the print touching the naming of sheriffs in writs of assize by collusion , cap. . agreeth with the record . the print touching assize against pernors of the profits , cap. . agreeth with the record . that such scots and britains as shall sue in the admirals court for restitution of their goods , may be bound to englishmen for their goods taken . the king will be advised . the print for damages of the plaintiff in attaint , cap. . agreeth with the record . the print touching actions of waste against the pernors of the profits , cap. . agreeth with the record . the print touching commissioners of the peace , cap. . agreeth with the record . the stewards of base courts do admit such counsel learned as any party grieved shall bring before them . there is sufficient remedy at the common law. that no alien be a broaker , or use broakage within the realm , on pain of l. for every offence . the king will be advised . that no merchant alien doe buy any merchandize of any englishman without present pay , on pain to forfeit the same . the king will be advised . the print touching indictments in sheriffs turns , cap. . agreeth with the record .. the print touching weights and measures , cap. . agreeth with the record . the like motion and answer as in the last parliament , tit . . the print touching alnage of clothes , cap. . agreeth with the record . that some plain declaration may be made touching lands purchased , and held of the honour of bolony and pernel . the kings council , by authority hereof , shall have power to make the same . that the statutes made anno h. . touching breakers of leagues , as concerning the north parts , may be revoked , and the same committed to the wardens of the marches . the statutes aforesaid shall be observed . the print touching pursute of scire facias by the recognizance of statutes of the staple , cap. . agreeth with the record . the print touching affrayes done upon lords , or the commons coming to the parliament , cap. . agreeth with the rcord . the print touching wax-chandlers , cap. . agreeth with the record . an order devised , that in every town certain may be appointed to see that merchants aliens should without collusion sell their wares within three months after the landing of the same , and that they should exhange no money over . the king will be advised . the print touching the act confirmed , made anno h. . for selling of wares at callice , cap. . agreeth with record . the print touching shipping in creeks , cap. . agreeth with the record . that the feoffees of h. . may see such of the kings debts paid , as are due in the office of the clerk of the ordinance . the king will be advised . the print touching imbezelling of the kings customs by the customers , cap. . agreeth with the record . the print touching blank scrolls of customers , cap. . agreeth with the record . that all french prisoners , as well hostages as others being within the realm without the kings safe conduct , their keeper , or host , may be by any englishman taken , and ransomed as his prisoner , considering that the english men be so served in france . the king by advice will provide therefore . it is enacted , that all the lords , knights , esquires , yeomen , and persons through the realm , should by special commissions swear to perform the article expressed before , tit . . anno duodecimo henrici sexti . rex henric. com. northumb. &c. apud westm. octavo die iulii , & deinde prorogatur usque reding , quindena michaelis : teste rege apud westm. primo die novembris . ricardo . com. sarum . radulpho com. vvestmerland . jacobo de berckley chlr. reginal . gray de ruthine chlr. ricardo strange chlr. georgio latimer chlr. johanni baroni de graystock chlr. willielmo botreaux chlr. tho. dacre de gilsland chlr. willielmo de harrington chlr. jacobo de audley chlr. hen. gray de codonore chlr. vvillielmo fitz-hugh chlr. vvillielmo de nevill chlr. reginaldo vvest chlr. no lord vvarden by name . anno decimo quarto henrici sexti . rex , &c. charissimo avunculo suo ioh. duci bedfordiae , &c. apud westminster decimo die octobris : teste rege apud westm. quinto die iulii , anno dom. . humfrido duci gloucestriae . ricardo duci ebor. hen. com. northumb. ricardo com. sarum . ricardo com. warr. joh. com. oxoniae . johanni com. huntington . radulpho com. vvestmerland . willielmo com. suff. hen. burchier com. jacobo berckley chlr. vvillielmo de ferrariis de grobie chlr. reginaldo gray de ruthine chlr. ricardo strange chlr. georgio latimer chlr. johanni baroni de graystock chlr. roberto poynings chlr. vvillielmo botreaux chlr. tho de dacre chlr. vvillielmo harrington chlr. jacobo de audley chlr. radulpho cromwell chlr. johanni le scroop de masham chlr. willielmo la zouch de harringworth chlr. waltero hungerford chlr. johanni tibitot chlr. hen. gray de codonore chlr. willielmo fitz-hugh chlr. willielmo de nevill● chlr. vvillielmo de lovell chlr. tho. de morley chlr. leoni de welles chlr. reginaldo vvest chlr. johanni beamont chlr. johanni cromwell chlr. johanni talbot chlr. willielmo cheperney capitali justiciario . the parliament holden at westminster the tenth day of october , in the fourteenth year of the reign of king henry the sixth . on the tenth day of october the bishop of bath and wells , chancellour of england , in the presence of the king sitting in the chair of estate , in the chamber de pinct . and in the presence of the lords and commons , declared the cause of the parliament , taking for his theam , soliciti sitis servare unitatem spiritus in vinculo pacis : upon which ( amongst other things ) he shewed how the duke of burgundie , who was sworn to the king and his father , revolted , and unwitting to the king or the councel , had appointed a diet or sitting at aras , where two cardinals came , touching a peace between the king and the french. he sheweth how the king sent noble ambassadours thither , who there made reasonable and mean offers , the which the french refused , and offered only scoffs , whereby nothing being therein done , the diet brake up : after which it was given the king to understand , that the said duke of burgundy had entred into league with the french , so as the same remained to the king , who must either leave or lose his title , stile , and kingdom of france , or else to defend the same with force . vvherein how to take the best way was the cause of that assembly : to which end , he wished the lords to appoint themselves , and the commons to choose , and the next day to present to the king their speaker . receivers of petitions for england , ireland , wales , and scotland . receivers of petitions for gascoyne , and other places beyond the seas , and of the isles . tryers of petitions for england , &c. as above . tryers of petitions for gascoyne , &c. as above . the thirteenth day of october the commons presented to the king , iohn bowes esquire , to be their speaker , whose excuse refused , he with the common protestation was allowed . authority is given to the kings councel to make assurances to the kings creditors for l. by indenture dated between the king , and the duke of gloucester , the king for years committed the keeping of the town and castle of callice , the tower of rishanke , the castle of hames and guynes , with all other the kings dominions there , wherein are appointed the numbers of men for every peece ; the officers and their fees and wages , the which indenture was confirmed by the lords . assurance by the kings letters patents is made to william eskfield , hamon sutton , and hugh dicke for marks sent by them to the king , of the revenues of the duke of bedford , and the earl of arundel , being dead . a subsidie granted to the king , viz. that every person having any frank tenement in lands , annuities , fees , offices , or hereditaments above five pound yearly , to pay for every pound six pence , upon his oath . a desme and one fifteen is also granted to the king to be levyed of the laity , deducting thereof l. to the relief of decayed towns and villages . a subsidie of s. . d. of merchants denisons , and of s. d. of aliens for every sack of wool , and so according to the rate for other staple ware is granted to the king , and for two years tonnage and poundage . the d. day of november the bishop of duresm in full parliament delivered to the cardinal , and other the feoffees of h. . letters patents of the said king , under the great and privy seals , declaring the use of the same his feoffment . thomas rampston knight , prisoner to the lords of guyngain in france , and fined at escutes of gold , whereof he payed . prayeth the delivery of william botiler esquire of france , prisoner to the durchesse of clarence , and others ; the which for his redemption is granted . a pardon is granted to william marfoot mariner of winchelsey for breaking the castle of dover . petitions of the commons , with their answers . the print touching judgements , and felonies , agreeth with the record . the print against licenses for shipping of wools , cap. . agreeth with the record . the print for the sessions to be kept at carlile , cap. . agreeth with the record . the print touching the sessions in middlesex , cap. . agreeth with the record . the print touching the shiping to the staple , cap. . agreeth with the record . the print touching aliens victualers by retail , cap. . agreeth with the record . the print touching prizes upon the seas , cap. . agreeth with the record . that no writ be sent out of the exchequer against any man for any debt payed ; on pain that the officer do lose his office , and make fine at the kings pleasure . the king will be advised . that no boat or barge , or other vessel be forfeited as a deodand for the misadventure or death of any man therein . the customs heretofore used shall be kept . that the easterlings may no longer enjoy their liberties , since the english merchants cannot enjoy theirs in iceland . the king will be advised . the print touching safe conducts , cap. . agreeth with the record . that no religious person alien be collector of desmes . the king will be advised . anno decimo quinto henrici sexti . rex , &c. humf. duci gloucest . &c. apud cantabridg . vicesimo primo die ianuarii . teste apud vvestm . vicesimo nono die octobris . johanni duci norfolk . hen. com. northumb. ricardo com. vvarr . johanni com. oxoniae . johanni com. huntington . radulpho com. vvestmerland . radulpho com. stafford tho. com. devon. jacobo berckley chlr. vvillielmo de ferrariis de grobie chlr. reginaldo gray de ruthin chlr. ricardo strange chlr. georgio latimer chlr. radulpho baroni de graystock chlr. roberto poynings chlr. willielmo botreaux chlr. tho. dacre de gilsland chlr. willielmo de harrington chlr. jacobo de audley chlr. johanni le scroop de masham chlr. vvillielmo la zouch de harringworth chlr. vvaltero hungerford chlr. johanni tiptoft chlr. henrico gray de codonore chlr. vvillielmo fitz-hugh chlr. vvillielmo de lovell chlr. lionell de welles chrl. reginaldo vvest . chlr. johanni beomont chlr. iohanni cromwell chlr. roberto willoughbie chlr. hen. bourchier chlr. pariiamentum continuat . vicessimo primo die ianuarii . teste rege apud westm. decimo die decembris . humfrey duke of gloucester . john duke of norfolk . hen. earl of northumberland . richard earl of warwick . john earl of oxford . john earl of huntington . ralph earl of westmerland . humfrey earl of stafford . tho. earl of devon. james berckley chlr. vvilliam ferrers de grobie chlr. reynald gray de ruthin chlr. richard strange chlr. george latimer chlr. ralph baron de graystocke chlr. robert poynings chlr. vvilliam botreaux chlr. william harrington chlr. tho : dacre de gilsland chlr. james audley chlr. ralph cromwell chlr. john de scroop chlr. william zouch de harringworth chlr. vvalter hungerford chlr. john tiptoft chlr. henry gray de codonore chlr. robert willoughbie chlr. william fitz-hugh chlr. william nevell chlr. william lovell chlr. leonard welles chlr. reynald vvest chlr. johanni beomont chlr. henry bourchier chlr. john cromwell chlr. thomas clifford chlr. the parliament holden at vvestminster the one and twentieth of ianuary , in the fifteenth year of king henry the sixth . iohn bishop of bath and wells , chancellor of england , in the presence of the king , lords and commons , by the kings commandement , declared the cause of the parliament , and took for his theam , isa. . corona regni in manu dei , &c. whereupon he shewed , that three sorts of men are crowned ; viz. all christians in their baptism , in token whereof they are anointed ; all clerks in token of their order are shaven , in token thereof ; all kings in their coronation , in token whereof they wear a crown of gold set with flowers and precious stones . by the figure of the crown , he resembleth to the politique government ; by the flowers and stones , the honours and office of a prince , as gold estimable , and durable : so that a common-wealth is most firm , and stable , which is governed in the faithfull care of a prince : as gold is flexible to the workmen , so ought every commonalty to be at the beck of the prince , seeking the prosperity of the same . the erecting , and standing of the flowers in the upper part of the crown , pretendeth the kings preheminency over the subjects , the which ought to be garnished with four cardinal vertues , viz. in the fore part ought to be wisdom , adorned with three precious stones , viz. memory of things past ; circumspection to things present ; and prudence of things to come . on the right hand ought to be fortitude , accompanied with courage in attempting , patience in suffering , and perseverance in well meaning . on the left side ought to be justice , distributing her arms in triple sort , viz. to the best , mean , and lowest . on the hinder part ought to be temperance with her trinity , viz. restraint of sensuality , in fear ; silence , in speech ; and mortification in will : all which proceeding from god , fully approved , that the crown of the king was in the hands of god. he therefore sheweth , that the same parliament was called for three principal causes ; the first , for justice , and peace amongst the subjects ; the second , how the commodities growing within this realm , might have a ready vent . the third , how the realm might be defended , and the sea kept against the enemies and rebels . to which end , he willed the commons to choose , and the next day to present their speaker to the king. receivers of petitions for england , ireland , wales , and scotland . receivers of petitions for gascoyne , and other places beyond the seas , and of the isles . tryers of petitions for england , &c. as above . tryers of petitions for gascoyne , &c. as above . the commons presented to the king sir iohn tirrell knight , to be their speaker , whose excuse being refused , he with the common protestation was allowed . an authority is given to the treasurer of england , to pay to the cardinal marks . the duke of gloucester , captain of callice , prayeth , that if any mishap should happen to callice for want of payment of the souldiers , the same may not be imputed unto him . at the request of sir iohn cromwell knight , lord of fanhope , the prior and covent of the friers preachers within ludgate , are incorporated , to whom the said lord granted . marks yearly for an obbit in a chapel of his own erection there , called cornwall chapel . at the petition of isabel , late wife of iohn botler of beansley in the county of lancaster knight , the which isabel one william pull of winall in the county of chester gentleman shamefully did ravish ; it is enacted , that if the said william doe not yield himself after proclamation made against him , that he should be taken as a traytor attainted . the same isabel by another petition sheweth , how the said william by duresse and means of imprisonment , enforced her to mary him , and by colour thereof ravished her , for the which she prayeth her appeal , which to her is granted . richard widonell , knight , payeth to the king l. for a fine , for marrying of iaquett dutchesse of bedford , without license . the king , by letters patents confirmed by parliament , granteth licence to the duke of gloucester , and ellinor his wife , to impark acres of land in greenwich ; and that their manor of greenwich they may embattle , and build with stone , and also make a tower of stone within the same park . at the petition of the same duke it is enacted , that if the customs of callice shall not suffice to pay the souldiers their wages , that the treasurer of england shall pay the same . iohn earl of oxford prayeth the pardon of l. the rest of l. paid to the king for marying without licence ; it was answered , that the same debt was assigned : but otherwayes the king would remember him . petitions of the commons , with their answers . the print touching the marshall and kings steward of his house , cap. . agreeth with the record . the print touching the carriage of corn over the seas , cap. . agreeth with the record . that the impositions of d. for every s. of merchandize paid to the officers of bourdeaux , may cease . the king will be advised . that the justices may determine the treasons for burning of houses , made anno h. . the king will be advised . the print touching the clause vidimus in a safe-conduct , cap. . agreeth with the record . the print touching suerties upon writs of subpoena , cap. . agreeth with the record . the print touching vvrits of attaint , cap. . agreeth with the record . the th day of march certain of the commons being sent , declared to the king , that the commons had newly chosen william beerly esquire to be their speaker , for that sir iohn tirrell by grievous sicknesse , could not attend , whereupon the king allowed the same william , and granted that he should enjoy the common protestation . the like desme and fifteen is granted , as in the last parliament , tit . . the like subsidie of wools for three years is granted , as in the last parliament , tit . . authority is given to the kings councell to make assurances to the kings creditors for the sum of l. the kings general pardon of all treasons , felonies , forfeitures , and other offences . vvhere katherine queen of england , the kings mother , was dead , and had made the king sole executor , the king appointeth rober● ralston clerk , keeper of the great wardrobe ; iohn merston , and richard alreed esquires , to execute the said queens will , by the oversight of the cardinal , the duke of gloucester , and the bishop of lincoln , or any two of them , to whom they should accompt . authority is given to the lords of the councel , to answer all such petitions as are not answered in the parliament . after which , viz. the second of iune , these bills were read and answered by certain of the lords there named in the star-chamber . the print touching guilds and fraternities , cap. . agreeth with the record . the print touching the wapentake of stancliffe in yorkshire , cap. . agreeth with the record . the print touching the carriage of staple wares , not customed , cap. . agreeth with the record . upon a private petition of iohn norton , and walter norton of bristol gent. against thomas stamford , being condemned at their sute in marks , he might therefore continue prisoner in the fleet , and not in the kings bench , which was granted . anno decimo octavo henrici sexti . rex &c. humfrido duci gloucestriae apud vvestm . cro. martini &c. teste apud gilford vicessimo sexto die septembris . ricardo duci ebor. johanni duci norfolk . hen. com. northumb. johanni com. oxoniae . radulpho com. westmerland . humfrido com. stafford . johanni com. somerset . tho. com. devon. jacobo de berckley chlr. willielmo de ferrariis de grobie chlr. reginaldo gray de ruthine chlr. ricardo strange chlr. johanni tiptoft chlr. georgio latimer chlr. radulpho baroni de graystock chlr. roberto poynings chlr. vvill. botreaux chlr. tho. dacre de gilsland chlr. vvill. de harrington chlr. jacobo de audley chlr. radulpho de cromwell chlr. johanni le scroope de masham chlr. willielmo zouch de harringworth chlr. vvaltero hungerford chlr. hen. gray de codonore chlr. willielmo fitz-hugh chlr. willielmo de nevill chlr. vvillielmo de lovell chlr. lionelli de welles chlr. reginaldo west chlr. johanni beamont chlr. johanni cornwall chlr. henrico bourchier chlr. roberto willoughby chlr. no lord warden . the parliament holden at westminster the morrow after st. martin , in the eighteenth year of king henry the sixth . the bishop of bath and wells , in the presence of the king , lords and commons , by the kings commandment declared the cause of the parliament , and took for his theam matth. . adaperiat dominus cor nostrum in lege suà , & in praeceptis suis , & faciat pacem , &c. wherin he gathered two special points . the first , what great desire every christian ought to have to the reformation of this life , by the only means of god , who against all hardness was to bend , and incline his heart to his laws and commandements . the second , what thirst every sick christian ought to have to crave , and seek peace , after his manifold conflicts and battails in this world . touching the first , that god should open the heart , and not the hearts , sith that the words were spoken to the children of israel , he noted thereby was meant a mystical unity , according to the iudic. convenit universus israel ad civitatem quasi homo unus , eademque mente , unoque consilio , which being spoken unto them , was left for our learning , that we might follow the same , and might attain to true peace . to the d . by that word israel is understood their estates , namely , of the prince , of nobles , or power , and of wisdom ; all which , if they the same agreed in unity , there was no doubt but peace of body and soul would ensue . for the atchieving whereof he affirmed the same parliament to be called , and remembring them that the king would all estates to enjoy their liberties , he willed the commons to choose , and the next day to present their speaker to the king. receivers of petitions , for england , ireland , wales , and scotland . receivers of petitions for gascoyne and other places beyond the seas , and of the isles . tryers of petitions for england , &c. as above . tryers of petitions for gascoyne , &c. as above . the second day of the parliament the commons notified to the lords the election of their speaker . the third day of the parliament the commons presented to the king william tresham esquire to be their speaker , whose excuse refused , he with the common protestation was allowed . the one and twentieth day of the december the chancellour by the kings commandment declared to the lords and commons , how that the king had prorogued the parliament from the same day , unto the day after st. hilary , at the town of reding to be holden . one desme , and one fifteen , and one half of one fifteen is granted to belevied of the laity , in such form as anno h. . tit . . a subsidy of wools granted to the king for years , as anno h. . tit . . only there was six shillings eight pence raised upon the aliens tonnage and poundage . the commons also granted to the king , that all aliens not denizens , within the realm , shall pay unto the king yearly sixteen pence , being an housholder , and being none , six pence . there is authority given to the treasurer of england , and others , to make assurance to the kings creditors for l. an order is taken for the payment of the kings debts , for the provision of his houshold . there is authority committed to the kings council , to take order touching purveyors . for that gilbert hore sheriff for the county of cambridge had made no return for the knights of the said county ; it was ordered , that he should goe to a new election , and make proclamation , that no person should come armed thereunto . the king requireth the feoffees of h. . namely the cardinal , and others of the whole dutchy of lancaster , to make payment of such debts as were due for the charges of his houshold . the cardinal granteth thereunto , but upon such reasonable conditions as is marvellous to see . it is enacted by the whole estates , that the lords of the kings council shall take such order for the petition of the men of plymouth , as to them shall seem best . for the payment of l. s. d. by the master of corpus christi chapel in st. laurence poultney , given by sir iohn poultney knight , to a chantery in pauls , and for l. yearly by the master to the three massing priests in pauls , the like remedy is granted to the dean of pauls , and mayor of london , as anno . h. . tit . . debate was between the dean of lincoln on the one party , and the chapter of the same on the other party , either of them bound themselves to abide the order of the bishop of lincoln : the bishop made an order , that if any singular person break any of the orders , he should pay l. to the reparation of lincoln church , now therefore it is enacted , that for every such breach the bishop , and his successors shall recover the same l. by action of debt . the kings letters patents made to the prior , and covent of st. oswalds of mostell in the dutchy of lancaster of the advowson of the hospitall of st. nicolls in pontfract , and license to appropriate the same , are confirmed by the whole estates . the archbishop of roan , to whom the pope at the death of the bishop of ely by his bulls had granted to the said archbishop during all his life all the profits of the said bishoprick , by the name of administrator of the said bishoprick , sheweth his bull to the king , who utterly rejecteth those bulls : notwithstanding for his service done in france , the king granteth him the administration aforesaid , the which to all intents of the petition of the said archbishop , are confirmed to be of as great force as though he were bishop , touching profits , liberties , and abilities . it is enacted , that the heires of henry percie and thomas percie late earl of worcester , the heir of henry percie late earl of northumberland , the heires of the late lord bardolfe , or the heires of any other attainted , who were at the battel of shrewsbury , shall not be debarred of any lands intailed to them , or to any their ancestors , but that they , and every of them shall have their due recovery therefore , any judgement in the . or . h. . to the contrary notwithstanding . a merchant of florence was severally indebted l. to the bishops of st. davids and lincoln , and to the prior of ierusalem , the which merchant died intestate : the king by his letters patents made to the said bishops and prior , granteth that the administrator of the said merchant , shall first pay or the said bishops , and prior , and there wills to be sworn , and none before , the which letters patents are confirmed by common consent . at the petition of the iustices it is enacted , that all the iustices of both the benches , iustices of assize , the kings serjeant , and attorny , shall yearly at two feasts of the year there expressed , be payed , and allowed their fees , and liveries , by the hands of the clark of the hanaper for the time being , out of the customes of london , bristow , and kingston upon hull . margaret the late wife of sr. thomas malcfunt knight , made the like complaint against lewis layson otherwise gethey , a welchman , as is contained in an. . h. . tit . . & . against whom the like order is taken as there is taken , only where the rape was committed in wales , it is enacted , that the same be tried in somerset . william ap gillin ap griffith a welchman is made a denizon , so as he marry no welsh woman , nor bear any office in vvales . william attlone , and other tenants of the castle , and honour of tutburie in darby , parcell of the dutchy of lancaster , complain that by ryot done by piercie venables gent. and many others with him , they took away one ioan forman who was committed to prison to the keeping of the said william , whereupon order was taken that certain justices should determine the same . at the like complaint of iohn stuch of the county of salop made against philip egerton , the like order is taken . liberties granted by the kings letters patents , and confirmed by the whole assent of parliament , with the limit of the same very large , excepting that the same do not extend to the mannor of tremerton , the borrow of salterish to the water of tamer . a petition of iohn earl of sommerset , edmund earl of dorset , margaret countesse of devon , iohn carpenter , and iohn bugebrook , executors to margaret dutchesse of clarence , to no great purpose . the king by common consent , confirmed to the prior and covent of mountgrace in the county of york , the mannor and town of beadelby given to them by the duke of surry . there is authority given to the councell to take order touching s. to be payed yearly by the prior of ierusalem to the king , for two forges in fleetstreet . petitions of the commons , with their answers . the print touching warrants for letters patents , cap. . agreeth with the record . the print touching juryes in attaint , cap. . agreeth with the record . the print touching merchandize forein bought , and forein sold , cap. . agreeth with the record . the print touching collectors of tenths , cap. . agreeth with the record . the print touching lands to be let to him that traverseth any office , cap. . agreeth with the record . the print touching returning of offices by escheators , cap. . agreeth with the record . that no man do pay any fines for alienations for lands holden of the king , as of his dutchy of cornwall , neither that other lands holden of other persons , be not seized into the kings hands , where any heir holding of the dutchie be within age . the king will be advised . that no person once making fine for not being knight , be never after called thereto again , and that the fines be not other than they have been . the king will be advised . the print touching the taking of the spanish ships on the seas , cap. . agreeth with the record . the print touching enterie of the filiser and exigenter , cap. agreeth with the record . the print touching the commissioners of sewers , cap. . agreeth with the record . the print touching justices of peace to have twenty pounds land , cap. . agreeth with the record . the print touching indictments , cap. . agreeth with the record . the print touching outlawries in the county of lancaster , cap. . agreeth with the record . that every merchant may lawfully transport all manner of hides , calves skins , connie fells , and tallow to what place him liketh , otherwise than to callice . the king will be advised . the print touching arrays and panels , cap. . agreeth with the record . that no owner of any ship be impeached for any hurt done by his ship to any other ship on the sea , or in any port , or creek , if he were not party thereto . the king will be advised . whereby all writs , all the records of the kings bench , and common pleas in the time of e. . r. . h. . and h. . were brought into the treasurie at westminster , they require that the same may be bro●ght into both the benches again . the king will be advised . the print touching transporting wools to callice , cap. . agreeth with the record . the print against deceipt in cloath-making , cap. . agreeth with the record . the print touching the gaging of vessels of vvine and oyl , cap. . agreeth with the record . that every customer and comptroller of every port , may licence the kings subjects to transport corn from one shire or town to any other , taking surety of debt the to value , that the same be not carried beyond the seas . the king will be advised . in consideration of the great plague of pestilence it was enacted , that all such persons as should doe their homage to the king , should doe the same without kissing of him , and the same homage to bee as good , as though they kissed him . by this it appears . that the order of homage done in those times far doth swarve from the guise now , which is so far from kissing the prince , as in doing the same they do not so much as see the prince . that no italian or other merchant beyond the streight of moroccoe , bring no other merchandise within the realm other than are growing in the same their countries , and that for good reasons in the record . the king will be advised . that all spiceries sold in any port within the realm by any merchants strangers be as clear garbelled as the same is in london upon pain to forfeit the same . the king will be advised . it is enacted that the fourth part of the desme , and fifteenth shall be payed to the treasurer of the kings houshould , therewith all to make ready pay for the kings purveyance . and by the same act it appeareth that the revennues of the dutchies of lancaster and cornwall , should be imployed to the present payment of the kings purveyance for the houshold . the print touching captai●s abating of souldiers wages , cap. . agreeth with the record . the print touching souldiers going away from their captains , cap. . agreeth with the record . of the print , cap. . for transporting of butter , and cheese , there is no mention made in the record . anno decimo octavo henrici sexti . humfrey duke of gloucester . richard duke of york . john duke of norfolk . hen. earl of northumberland . john earl of oxford . ralph earl of westmerland . humfrey earl of stafford . john earl of somerset . tho. earl of devon. james lo. berckley vvilliam lo. ferrers of grobie leonard lo. gray of ruthin . richard lo. strange . george lo. latimer ralph lo. graystocke● robert lo. poynings vvilliam lo. botreaux thomas lo. dacre of gilsland . vvilliam lo. harrington . john lo. audley . ralph lo. cromwell . john lo. scroop of masham . william lo. zouch of harringworth . vvalter lo. hungerford john lo. tiptoft . henry lo. gray of codonore robert lo. willoughbie william lo. fitz-hugh william lo. nevell william lo. lovell . leonard lo. welles reynald vvest chlr. john lo. beomont . john lo. cromwell . henry lo. bourchier . thomas lo. clifford . anno vicessimo henrici sexti . rex humf. duci gloucest . &c. apud westm. die conversionis sancti pauli . teste apud manerium nostrum de schens , tertio die decembris . ricardo duci ebor. johanni duci norsolk . johanni com. huntington . hen. com. northumb. hum●rido com. stafford . tho. com. devon. willielmo com. arundel . iohanni com. somerset . edoardo com. dorset . radul . com. vvestmerland . ricardo com. sarum . johanni com. oxoniae . willielmo com. suffolciae . jacobo berckley chlr. vvillielmo de ferrariis de grobie chlr. edoardo de gray de r●thin chlr. ricardo strange chlr. johanni tipto●t chlr. georgio latimer chlr. radulpho de graystock chlr. roberto poynings chlr. willielmo botreaux chlr. tho. dacre de gilsland chlr. jacobo de audley chlr. radulpho cromwell chlr. johanni de scroop de masham chlr. vvillielmo zouch de harringworth chlr. vvaltero hungerford chlr. johanni gray de codonore chlr. vvillielmo fitz-hugh chlr. vvillielmo de lovell chlr. johanni vicimetio de beamont chlr. leonardo de vvelles chlr. johanni cornwalliae chlr. roberto willoughbie chlr. iohanni sutton de dudley chlr. radulpho de boteler chlr. iohanni de clifford chlr. roberto morley chrl. no lord vvarden . anno vicessimo tertio henrici sexti . rex &c. humfrido duci gloucestriae apud vvestm . vicessimo quinto die februarii . teste apud vvestm . decimo tertio die ianuarri . ricardo duci ebor. iohanni duci norfolciae . joh. duci oxoniae . humf. duci buckingham . edoardo marchioni dorset . willielmo marchioni suffolciae . hen. com. northumb. tho. com. devon. vvillielmo com. arundell . roberto com. vvestmerland . ricardo com. sarum . johanni com. oxoniae . iohanni com. salopiae . johanni vicecomiti beamont chlr. jacobo berckley chlr. vvillielmo de ferrariis de grobie chlr. edoardo de gray de ruthin chlr. ricardo strange chlr. georgio latimer chlr. radulpho de graystock chlr. roberto poynings chlr. vvillielmo botreaux chlr. tho. dacre de gilsland chlr. jacobo de audley chlr. radulpho cromwell chlr. johanni de scroop de masham chlr. willielmo zouch de harringworth chlr. waltero hungerford chlr. willielmo fitz-hugh chlr. hen. de scroop de bolton chlr. vvillielmo de nevill chlr. willielmo de lovell chlr. lionelli de welles chlr. roberto , willoughby chlr. iohanni sutton de dudley chlr. radulpho butler de sutley chlr. tho. de clifford chlr. hen. bourchier chlr. de bourchier . edoardo brooke de cobham chlr. iohanni talbot de lilsle chlr. tho. de scales milit. reginaldo gray de vvilton chlr. roberto hungerford chlr. domino de mollins . no lord warden named . the parliament holden at westminster the twenty fifth day of february , in the three and twentienth year of king henry the sixth . in the presence of the king , sitting in person in the chair of estate , and of the lords and commons , iohn archbishop of canterbury , primate of all england , deputy of the see of rome , and chancellor of england , declared the cause of the calling of the parliament , taking for his theam , iustitia & pax osculatae . psal. . upon which he sheweth , how that through the great travell of the earl of suffolk , ( the kings dear cozen ) and other noblemen ambassadors sent into france , as well for a treaty of mariage to be had between the king , and margaret the daughter of the king of sicile , as for peace to be had , between the realms of england and france , the same mariage was contracted , and an abstaining from warr for a time was granted . he further shewed , how that the said earl remained in france attending for the safe conducting of the said princesse margaret into the realm of england , by which two means , through gods grace , he nothing doubted but that the same truce should turn in that wise , as justice and peace should be within the realm , more than the same hath been ; wherefore he willed the commons to chuse , and the next day to present to the king their speaker . receivers of petitions for england , ireland , wales , and scotland . receivers of petitions for gascoyne , and other places beyond the seas , and of the isles . tryers of petitions for england , &c. as above . tryers of petitions for gascoyne , &c. as above . the second day of the parliament the commons report to the lords , that they had chosen their speaker . the third day of the parliament the commons presented unto the king william burley esquire to be their speaker , whose excuse rejected , he with the common protestation was allowed . the fifteenth day of march , the chancellor , by the kings commandement , and assent of the lords , in the presence of the commons prorogued the parliament from that day unto the nineteenth day of april next ensuing , at westminster aforesaid . the fifteenth day of december , in the twenty fourth year , &c. the chancellour prorogued the same parliament from the same day unto the twenty fourth of ianuary ensuing , at westminster . an act that the merchants of ieane shall not pay any escuage to the city of london for any the merchandizes brought from southampton to london by land . the grant of half a tenth , and half a fifteen excepting l. to be allowed to certain poor townes by name . the grant of a tenth , and of a fifteen , except l. to certain towns wasted . a subsedy of wools of s. d. of denisons , and s. of aliens for every sack of wool , &c. is granted to the king for four yeares , tonnage and poundage of denisons , and double of aliens . the kings letters patents under the great seal of england , and under the seal of the dutchie of lancaster , made to iohn cardinall and archbishop of canterbury , and sundry others , of sundry the possessions of the said dutchie of lancaster , and three other letters patents under the only seal of the dutchy of lancaster , made to the persons aforesaid , of sundry possessions to the performance of the last will and testament of the said king , are confirmed by the whole estate . the fourth day of iune , the speaker on the behalf of the commons made to the king especiall commendation of the person and manifold services of the marquesse and earl of suffolk , and namely of the marriage of the king , and abstinence of warr with the french , for all which , at the request of the commons , and mediation of the lords , it is enacted , that the said marquesse should be holden a most true and faithfull subject . the declaration of the said marquesse , of his services , and request to the effect aforesaid , made the second day of iune in anno . to the king , lords , and commons , on the which the declaration aforesaid was enacted . at the petition of the mr. and brethren of the house , or hospitall of st. thomas the martyr of acres in the city of london , by whole assent they are incorporated by the same name , and certain houses in london are to them confirmed . the kings letters patents of the erection , and donation of the college of eaton , founded anno . h. . with all the lands and liberties then , and now granted , and especially declared , and confirmed by the whole estates . the like letters patents of the kings made for the erection and donation of the colledge in cambridge , are confirmed . the ninth day of april an. . the chancellor of england , in the name of all the lords , in the presence of the king , protesteth , that the peace which the king had taken with the french king , was of his own motion and will , and not any of the lords provocations , the which is enacted . it is enacted , that a statute made in the time of h. . that no peace should be taken with the french king that now is , that then was called by the name of dolphin of france , without the assent of the three estates of both realms , should be utterly revoked , and that no person for giving counsell to the peace with france , be at any time to come impeached therefore . petitions of the commons , with their answers . the print touching purveyors , cap. . & . agreeth with the record . that all the statutes touching welshmen be observed , and that none of them be made denisons , or enjoy any office in wales , and that none of them stand to the contrary on pain of marks . the statutes made in the time of h. . or h. . shall therein be observed . the print touching shipping of thrums , &c. cap. . agreeth with the record . that no stapler have any voice at the election of any mayor , or constable of the staple , unlesse he have goods coquetted in callice , to the number of . sacks . the king will be advised . the print touching the true making of worsteeds , cap. . agreeth with the record . the print touching the taking of outlawes repairing into herreford , cap. . agreeth with the record . robert sherborn of london draper , sheweth , that whereas one ienicogh a welshman remained in the kings bench , in execution for debt due to him , and by collusion to defraud him , procured himself to be appealed of a felonie , whereby he was condemned , and had his clergie , and was in the abbots prison at westminster for the same . that the justices of the kings bench might have power by writ to remove , and lay his body untill the debt were satisfied , and the abbot to deliver the body , on pain to answer the debt , which was granted . the print touching the shipping of corn , cap. . agreeth with the record . the print touching the gathering of head-pence by the sheriff of northampton , cap. . agreeth with the record . the print touching the exercise of the sheriffs office , cap. . agreeth with the record . an act for coyning , and making current half pence , and farthings , to endure for two yeares . the print touching the commissioners of sewers , cap. . agreeth with the record . that no man be indicted of any indictment or appeal in a forein county , except the plaintiff appeal , and exigent be awarded into the county where the party was supposed to dwell . the king will be advised . the print touching the extortion of sheriffs , cap. . agreeth with the record . the print touching levying of wages for the knights of the parliament , cap. . agreeth , &c. that every person being of the lords or commons house , having any assault , or fray made upon him , being at the parliament , or coming from thence , may have the like remedy therefore as sr. thamas parr knight had . the statutes therefore made shall be observed . a motion that one john balton who most shamefully murdered isabell the wife of roger bakewell , and by becoming an approver was pardoned of felony , might notwithstanding be executed . no answer was made thereto . the print touching the wages of servants of husbandry , cap. . agreeth with the record . the print touching forein pleas , pleaded after issue joyned , cap. . agreeth with the record . that all gascoyne wines may come down to the ports of bayon and burdeaux , and that all english merchants may freely buy and sell the same . the king will be advised . a long advise for the making , and full measure of gascoyne wines . the king will be advised . the print against purveyors , cap. . agreeth with the record . the print touching the election of knights of the parliament , cap. . agreeth with the record . the print touching gaging pence to the gaingeor , cap. . agreeth with the record . the print touching the inquests , and fees of the escheators , cap. . agreeth with the record . the print touching buying of wines of the higher country , cap. . agreeth with the record . anno vicesimo quinto henrici sexti . rex , humf. duci gloucest . apud cantabridg . decimo die februarii . teste apud westm. decimo quarto die decembris . . . sed tentum apud burium sancti edmondi eodem an. decimo die februarii . ricardo duci eborum . johanni duci norfolciae . johanni duci oxoniae . humf. duci buckingham . edwardo marchioni dorset . willielmo marchioni suffolciae . hen. com. northumb. tho. com. devon. willielmo com. arundell . radulpho com. vvestmerland . ricardo com. sarum . johanni com. oxon. johanni com. salopiae . johanni vicecom . de beamont chlr. jacobo berckley chlr. edwardo gray mil. domino de ferrariis de grobie . edward . gray de ruthin chlr. ricardo strange chlr. georgio latimer chlr. radulpho de graystock chlr. hen. percie domino de pomiger . willielmo botreaux chlr. tho. dacre de gilsland chlr. jacobo de audley chlr. radulpho cromwell chlr. johanni de scroop de masham chlr. vvillielmo zouch de harringworth . waltero hungerford chlr. willielmo fitz-hugh chlr. hen. de scroop de bolton chlr. willielmo de nevil chlr. willielmo de lovell chlr. leoni de welles chlr. roberto de willoughbie chlr. johan . sutton de dudley chlr. radulpho boteler de sutley chlr. tho. de clifford chlr. hen. vicecom . bourchier chlr. edwardo brook de cobham chlr. johanni talbott de lilsle milit. reginaldo vvest chlr. tho de scales chlr. reginaldo gray de vvilton chlr. roberto hungerford . domino de mollins . de notificando parliamentum de cantabrigia teneri apud buri edmundi . rex , humf. duci gloucest . &c. apud buri sancti edmundi decimo die februarii . numerus , & ordo nobilium idem quod in posteriori parliamento praeterquam quod iohannes dux oxomiae ponendus est ante iohannem ducem norfolciae . jacobo de berckley chlr. edwardo gray chlr. domino de ferrariis de grobie . edwardo gray de ruthin chlr. ricardo strange chlr. george latimer chlr. radulpho de graystock chlr. hen. de percie domino de pomiger chlr. willielmo botreaux chlr. tho. dacre de gilsland chlr. jacobo de audley chlr. radulpho cromwell chlr. johanni le scroop de masham chlr. willielmo zouch de harringworth chlr. vvaltero hungerford chlr. vvillielmo fitz-hugh chlr. hen. scroop de bolton chlr. willielmo nevill chlr. vvillielmo de lovell chlr. leoni de welles chlr. radulpho de vvilloughbie chlr. joh. sutton de dudley chlr. radulpho boteler de sudley chlr. tho. de clifford chlr. hen. vicecom . bourchier chlr. edw. brook de cobham chlr. reginaldo vvest chlr. johanni talbot de lisle milit. tho. de scales chlr. reginal . gray de wilton chlr. roberto hungerford . domino de mollins . the parliament holden at st. edmonds bury on the tenth day of february , in the five and twentieth year of king henry the sixth . in the presence of the king sitting in the chair of estate within the house of refectory of the abbey of bury st. edmonds , and of the lords and commons , iohn archbishop of canterbury , primate of england , legate of the sea of rome , and chancellor of england , declared the cause of the same parliament , taking for his theam , qui autem ineunt pacis consilia , sequitur illos gaudium ; prov. . upon which he shewed , that between the ambassadors of the king and the french king , order was taken for personal interview , and talk of these two kings , and sufficient assurance had for the kings passage into the parts beyond the seas , for his safe being there , and like return . in which cases the king was but to use their counsel , for the which the parliament was called . also in repeating of this theam , qui autum , &c. he shewed three kinds of counsels ; the first , of the wicked , utterly to bee shunned , according to that of the psalmist , beatus est vir qui non ambalavit in con●il●a impiorum . the second , of the good , and learned , who wrote 〈…〉 , according to isay . 〈◊〉 consilio suscepit actior in domusua , et fecit 〈◊〉 magnam . the third , of the holy ghost , expelling all doubts by working inwardly , according to the psalmist ; . consilium autem domini in aeternum manet , cogitationes ejus a generatione ad generationem . the which his theam ●e enlarging with sundry sayings , and examples , concluded , saying to the same end , the king had called the parliament ; wherefore he willed the commons to choose and present their speaker to the king the next day ; and remembred them , that the kings will was , that all estates should enjoy their liberties . receivers of petitions for england , ireland , wales , and scotland . receivers of petitions for gascoyne , and other places beyond the seas , and of the isles . tryers of petitions for england , &c. as above . tryers of petitions for gascoyne , &c. as above . the sixteenth of february , the commons notified unto the lords , how that they had chosen their speaker . on monday after , being the fourth day of the parliament , the commons presented unto the king william tresham esquire to be their speaker , whose excuse rejected , he with the common protestation was allowed . at the petition of katherine the late wife of iohn brockley , late alderman of london , and other the executors of the said iohn , who had marks to dispose for the soul of the said iohn , it was enacted , that the said chancellor should take order therein . it is enacted , that the master and chaplins of trinity of pontfract may enter , and enjoy all such their lands , as robert brown esquire lately entred upon . the kings letters patents made to the provost of eaton , of the priory of deerehurst , and other manors , lands , and tenements , and of two fairs at their denomination of laighton bussard in bedford confirmed by the whole estates . the kings letters patenss made to the provost of the kings college in cambridge , of sundry manors , hereditaments , and liberties , are in like manner confirmed . in consideration of l. s. d. granted to margaret queen of england out of the customs , &c. the king by his letters patents granteth to the said queen during her life , all and singular her hereditaments to the same value ; the which are confirmed by the whole assent . at the petition of iohn hampshyre , and other merchants , who were spoyled on the sea by certain britains , letters of mart are to them granted , after the truce ended . it is by the king enacted , that ellinor the late wife of the duke of gloucester , shall be utterly barred to claim any dower of any of the hereditaments of the said duke . there is authority given to the kings council , to make assurance to the kings creditors for l. petitions of the commons , with their answers . at the request of four several parsons of churches in london , who required that they and their successors might in every of the said parishes place and displace such schoolmasters as they thought good ; it was answered , that they should the same doe by the advice of the ordinary , or of the archbishop of canterbury . that the taking of distresses by welshmen , and carrying them into another lordship , may be felony . the king will be advised . advice from the true serving of the processe awarded , anno h. . tit . . that the statutes made at leicester in the . year of king h. . cap. . may be repealed . the king will be advised . the print touching welshmen , cap. unico , agreeth with the record . a motion for payment of certain of the kings debts of houshold to no great purpose . that for distresse taken , given , or put away , so as the owner may not come thereby , the owner may in action of trespass recover treble damages . the king will be advised . anno vicessimo septimo henrici sexti . rex ricardo duci eborum , &c. apud vvestm . duodecimo die februarii . teste apud vvestm . secundo die ianuarii . willielmo duci suffolciae . iohanni duci norfolciae . humf. duci buckinghamiae . hen. com. northumb. tho. com. devon. vvillielmo com. arundell . radulph . com. vvestmerland . ricardo com. sarum . johanni com. oxoniae . johanni vicecomiti beamont . jacobo berckley chlr. edoardo de gray milit. domino de ferrariis de grobie . edoardo gray de ruthin milit . ricardo strange chlr. georgio latimer chlr. radulpho de graystock chlr. hen. percie domino de poynings chlr. vvillielmo botreaux chlr. tho. dacre de gilsland . johanni beauchamp milit. domino de beauchamp . jacobo de fynes milit. domino de la et de lebe . jacobo de audley chlr. radulpho de cromwell chlr. johanni de scroop de masham chlr. willielmo zouch de harringworth chlr. waltero hungerford chlr. willielmo fitz-hugh chlr. hen. de scroop de bolton chlr. willielmo de lovell chlr. lionelli de welles chlr. roberto de willoughby chlr. iohanni sutton de dudley chlr. radulpho boteler de sudley chlr. tho. de clifford chlr. hen. vicecom . bourchier chlr. edoardo brooke de cobham chlr. iohanni talbot de lisle . reginaldo west chlr. tho. de s●ales chlr. reginal . gray de vvilton chlr. johanni surton milit. ricardo wodvill milit. dom. de rivers . tho. hore chlr. tho. domino de roos . roberto hungerford milit. domino de mollins . vvillielmo bourchier milit. dom. fitzwarren . willielmo beauchamp , dom. de sancto amando . teste rege apud westmonast . vicess●mo secundo die maii. no lord warden named . rex dilecto & sidelissimo henrico bromfleet milit. salutem . cum &c. ut supra , usque ibi tractatum & tum , sic vobis in fide & legiantia quibus nobis tenemini , &c. ut supra , urgen . tunc volumus cum vos & urgen . vestios haeredes masculos de corpore vestro legitime exeuntes barones de vessey existere . teste rege apud westm. vicesimo quarto die ianuarii . the parliament holden at westminster the twelfth day of february , in the twenty seventh year of the reign of king henry the sixth . on wednesday the twelfth day of february , in the presence of the king , sitting in the chair of estate in the chamber de pinct . in the palace of westminster , and of the lords and commons , iohn archbishop of canterbury , chancellor of england , by the kings commandement , declared the cause of the parliament , making a notable declaration , and willed the commons to choose their speaker , and the next day to present him to the king. other report of these pronunciations there is none made . receivers of petitions for england , ireland , wales , and scotland . receivers of petitions for gascoyne , and other places beyond the seas , and of the isles . tryers of petitions for england , &c. as above . tryers of petitions for gascoyne , &c. as above . on saturday the fifteenth day of february the commons presented unto the king iohn day esquire to be their speaker , whose excuse made was rejected , and he with the common protestation allowed . the grant of half a desme , and half a fifteen to be levied of the laity . the grant of tonnage and poundage for five years of all merchants , as well of the hauns as otherwise , with three shillngs tonnage more of aliens , as well of the hauns as otherwise . the fourth day of april the chancellor by the kings commandement , and assent of the lords , prorogued the parliament really from the same day untill wednesday the seventh day of may next ensuing at westminster . there is authority given to the council to make assurances to the kings creditors for l. as well upon the kings revenues as jewels . the thirtieth day of may , for that the plague reigned in london and westminster , the chancellor , as afore , prorogued the parliament from the said day unto the sixteenth of iune ensuing at winchester . the grant of another half disme , and fifteen to be levyed of the laity . the commons granted to the king sixteen pence to be taken of every housholder within the realm , not being born within the kings dominions , and six pence of every other person being not so born , and no housholder ; and six shillings eight pence of every merchant stranger , and twenty pence of all and every of their clerks . the like subsidy of wools granted for . years as before . a long motion that the souldiers wages at callice , and the reparations there to be made , may be supplyed out of the subsidy of wools , which is granted . the lords hastings chancellor of france , and the abbot of gloucester being sent in message by mouth from the duke of somerset the kings lieutenant in france declareth the same containing in effect . points . the first , of the great puissance and preparations made by the french ; of their daily damages in breach of peace ; the second , that if warr should happen , that then the country of normandy was not able to defend it self . the third , how the truce was but to endure for fourteen moneths ; wherefore in discharge of the said duke , they require the king and council , to remember , and to prepare for the wars . upon contention between william earl of arundel , and thomas earl of devon , for superiority of place in council and parliament ; it is enacted by the kings and lords , by the advice of the iudges , that the said earl of arundel , and his heirs , by reason of the castle and honor of arundel , shall for ever enjoy the preheminent place , in the presence of the king and elswhere , above the said earl of devon. petitions of the commons , with their answers . the print touching the staple , cap. . agreeth with the record . the print for the restraint of cloathes in brabant , cap. . agreeth with the record . the print touching distresses taken by welchmen , cap. . agreeth with the record . that clerks convicted may alwayes live in prison . the clergy shall take order therein . the print touching faires , and markets , cap. . agreeth with the record . the print touching the kings pardon to the clergie , cap. . agreeth with the record . of the three chapters in print , this record maketh no mention . anno vicessimo octavo henrici sexti . rex , &c. willielmo duci suffelciae , apud westm. sexto die novembris . teste apud s. vicesimo tertio septembris . iohanni duci norfolciae . humf. duci buckinghamiae . hen. com. devon. willielmo com. arundel . radulpho com. vvestmerland . ricardo com. sarum . johanni com. oxoniae . johanni com. wigorum . jacob. com. wilton . johanni vicecom . beamont . jacobo berckley chlr. edwardo gray milit. domino de grobie . edoardo gray de ruthin chlr. georgio latimer chlr. radulpho de graystock chlr. henrico poynings domino de poynings . willielmo botreaux chlr. tho. dacre de gilsland chlr. johanni beauchamp milit . domino de beauchamp . jacobo fynes milit . domino de say , & de seal . jacobo de audley chlr. radulpho cromwell chlr. johanni le scroop de masham chlr. vvillielmo zouch de harringworth chlr. vvillielmo fitz-hugh chlr. willielmo le scroop de bolton chlr. leoni de vvelles chlr. vvillielmo de lovell chlr. radulpho willoughbie chlr. tho. de clifford chlr. henrico vicecom . bourchier . edwardo brook de cobham chlr. johanni talbot de lisle milit. reginaldo west chlr. johanni sturton milit. domino de sturton . tho. de scales chlr. reginaldo de wilton . ricardo wodvill milit. dom. de rivers . willielmo bourchier milit. domino de fitz-warrin . willielmo boneville & de clinton chaton . hen. bromflet domino de vessey . tho. domino roos . roberto hungerford domino de mollins milit. radulpho boteler de sudley chlr. tho. hore chlr. no lord vvarden . the parliament holden at westminster on the sixth day of november , in the twenty eighth year of king henry the sixth . in the presence of the king sitting in the chair of estate in the chamber de pinct . within the palace of westminster , and of the lords , and commons , iohn archbishop of canterbury declared , how that the king had really prorogued the same parliament in london , for avoiding the infectious air of westminster , wherefore he willed the commons to choose , and the next day to present to the king their speaker . the fear of the plague it seems caused the archbishop to forget his oration , and the clerk of the parliament to enroll him as chancellor . receivers of petitions , for england , ireland , wales , and scotland . receivers of petitions for gascoyne and other places beyond the seas , and of the isles . tryers of petitions for england , &c. as above . tryers of petitions for gascoyne , &c. as above . on saturday the eighth day of november the commons presented to the king sir iohn popham knight to be their speaker , whose excuse was received , and he thereof discharged . the same day the commons presented to the king william tresham to be their speaker , who with the common protestation was allowed . the fourth day of december , the parliament was adjourned from london to westminster , really to be holden by the chancellor in the presence of the king , lords , and commons , viz. the next day . the seventeenth day of december , the archbishop of canterbury , chancellor of england , in the presence of the king , gave thanks on his behalf to the three estate● , and prorogued the parliament from the said day unto the twenty second of ianuary next ensuing , at westminster . the twenty second of ianuary , the chancellor was discharged , and iohn the cardinall archbishop of york was appointed chancellor by the king. the thirtieth day of march , the chancellor by the kings commandement prorogued the parliament from the said day unto the twenty ninth of april then ensuing at leicester . the commons grant unto ●he king a subsedy , viz. that every person having franck tenement by free deed , copte , grant of annuity , or office , to the clear yearly value of s. to pay d. and so from s. to l. from l. to l. yearly d. for the pound , from l. to pay s. for every s. as well for the laity as the clergie , gardians of wards , men having fees , and all corporations to pay accordingly . severall summes to a great value out of the kings revenues , and fee farms are allowed to bear , and pay charges of the kings houshold . the twenty second day of ianuary the duke of suffolk requireth the king that he may be especially accused , and be heard to answer to that which many men reported him to be an untrue man. the dukes protestation made to the king , sheweth , how his father , and three of his brethren died in service of the king , and of his father , and grandfather , and that he himself had served in the warres thirty four years , and being but a knight , and taken prisoner , payed for his ransome l. that he had been of the order of the garter thirty yeares , and a counsellor to the king for fifteen yeares , that he had been seventeen yeares in the warres without returning home , and so asking gods mercie as he had been true to the king and his realm , he required his purgation . the twenty sixth day of ianuary the commons require that the duke for his confession might be committed to ward ; the lords and iustices upon consultation , thought there was no good cause , unlesse some speciall matter were objected against him . the twenty eighth day of ianuary the speaker declared , how the duke of suffolk ( as it was said ) had sold this realm to the french , who had prepared to come hither , and that the same duke for his own defence had furnished the castle of wallingford with all warlike munition , upon whose request the said duke was then committed to the tower of london . the seventh day of february the speaker of the commons , the chancellor , and the lords sent to them by the king a bill of articles , and accused william de la pool duke of suffolk late of ewelm in the connty of oxford of sundry treasons , viz. first , that the said duke having the wardship of margaret , the daughter and heir of iohn duke of somerset● whom he meant to marry to iohn his sonne , and thereby for want of issue of the king , to claim the crown , and to procure the french king by the means of certain french lords ( there named ) to depose the king. the d . for that he procured the delivery of the duke of orleans in the h. . and practising with him to cause the french to recover france from the king. the d. touching the promise of delivery of manns , and maine , to require the king of sicile the kings enemy , with the assent of the other ambassadors . the th . for disclosing the kings counsel to the earl of dunnois , bastard of orleance , and to others of the french. the th . for opening to the french the strength of the kings piles , ordinance , and munition beyond the seas . the th . that the said duke by disclosing the kings secrets , caused the peace to be broken . the th . that the said duke supported the kings enemies by staying sundry armes , which should have passed against them . the th . that the said duke had fortified the kings enemies by not compromising in the last peace , the king of aragon who is almost lost , and the duke of britany lost . all which articles the commons require to be enacted , with prosecution therein . the th . day of march the commons make a new complaint against the said duke of suffolk in effect following . first in procuring the king in his th year to give away the inheritance and lands of the crown in manner of a spoil . for procuring many liberties in derogation of the common law , and hinderance of justice , for procuring the , &c. of the capiton to be earl of kendall , and to have yearly , &c. for causing the king to give away the castle of manlion de soob , and other territories in guienne . for that the earl of amaniake , and other nobles of guienne were drawn from the kings obedience by the discoverture of the said duke , which was the utter decay of this realm . for procuring the king to bestow the keeping of divers towns and offices in normandy and guienne , upon unworthy persons . for causing the king to grant unto sir percie de brece ( one of his chief enemies ) an imposition of wine and victuals coming to roane by the river of seine . for procuring the king to grant the earldoms of enreney , and longuevill , and other lordships in normandy to the bastard of orleance , and other french , the kings chiefest enemies , without the assent of the council . for that the duke procured the king in his onely presence to promise the french ambassador to attend in person at the convention in france , to the kings subversion , if the same had taken effect . for causing the subsidies granted to be contrarily imployed . for causing the kings treasure to be spent upon the french queen , and other the french. for that the treasure of l. left by the lord dudley , late treasurer , was by him consumed . for procuring himself to be earl of pembrooke , and obtaining the lordships of hereford west , after the death of sir rowland lenthall . for conveying out of the kings treasure , the obligations of the finnance of the duke of orleance . for staying of processe of outlawry against william talbois esquire of lincoln , upon sundry appeals of murder . for procuring a pardon to the said william for not appearing upon suertiship of peace . for procuring persons of his confederacy to be made sheriffs . for procuring a garrison of english-men to fight against the almains the kings allies , on the part of the french , the kings enemies . all which articles they require to be enrolled , and that the said duke may answer to them . the th day of march the same duke was brought from the tower by the kings writ into the parliament chamber before the king and lords , to whom the articles aforesaid were rehearsed , who desired copies of them , which was granted . and he for more ready answer committed to certain esquires , to be kept in the tower within the kings palace . the . day of march , the same duke appeared before the king and lords , who on his knees denyed , as untrue , the . articles as of treason , and the same offered to approve , as the king shall appoint . the first , he denyed , as impossible , inferring , that some of the lords knew that he meant to marry his sonne to the earl of warwicks daughter , if she had lived . and to many of the rest , he referreth himself to some acts of the council , and to the kings letters patents . to the yielding of an●oy and manoy , he referred himself to the acts of the council , which sheweth , that other lords were privy thereto , and saith , that the same was delivered by the bishop of chichester then keeper of the privy seal . the th day of march the said duke was ●et to come be●before the lords , to whom the chancellor repeated the circumstance aforesaid , and how that the said duke therein had not put himself upon his pairage , wherefore he now asketh the duke , how he would be tryed ? who kneeling said , that he hoped he had answered all things to the ●ull , and so protesting his innocency , ref●rreth himself to the kings order . thereupon the chancellor , by the kings commandement pronounced , that sith the duke did not put himself upon his peerage , the king touching the articles of treason contained in the first bill , would be doubtfull ; and to the article of misprision , not as iudge by the advice of the lords , but as one to whose order the duke had committed himself , the king doth banish him the realm , and all other his dominions for . years , from the first day of may then ensuing . after which ended , the viscount on the behalf of the bishops and lords required , that it might be enrolled , that the same iudgement was by the kings own rule , and not by their assent ; and required , that neither they , nor their heirs should by this example be barred of their peerage . an act of resumption for the king to take into his hands all hereditaments , offices , liberties , and grants whatsoever , from the first day of his reign unto the making of the same , is granted , except certain peculiar grants . petitions of the commons , with their answers . the print touching exactions done by the searchers of plymouth , cap. . agreeth with the record . the print touching distresses taken by welshmen , cap. . agreeth with the record . at the request of the commons , it was enacted , that william talbois of south lynn in the county of lincoln esquire , who in the parliament time would have slain ralph lord cromwell , one of the kings council , in the palace of westminster , that the said william should be therefore committed to the tower , there to remain one year , without bayl , baison , or mainprize , and that before his delivery he should answer to the same , and to all other misdoings . he was accounted a common murderer , and baretter . the print touching restraint of woollen cloathes in brabant , cap. . agreeth with the record . the print touching the kings pardon to the sheriffs , cap. . agreeth with the record . the print touching letters patents made to oastlers and brewers , cap. . agreeth with the record . a motion of the abbot of bury st. edmonds to be discharged of desmes by him collected , of no great purpose . a motion that all officers and clerks of receipt , as have received of any person more than his due fees from the first day of the kings reign , may render the same to the king. the king will be advised . anno vicessimo nono henrici sexti . rex , &c. ricardo duci eborum , &c. apud vvestm . in festo leonardi , &c. teste apud westm. quinto die septembris . hen . duci oxoniae . iohanni duci norfolciae . humf. duci buckinghamiae . edoardo duci somerset . ricardo com. warr. hen. com. northumb. tho. com. devon. vvillielmo com. arundell . radulph . com. vvestmerland . ricardo com. sarum . johanni com. oxoniae . johanni com. wigorum . jacobo com. wilton . johanni vicecomiti beamont chlr. jacobo berckley chlr. edoardo gray milit. domino de grobie . edoardo gray de ruthin chlr. rob. hungerford senior chlr. radulpho de graystock chlr. hen. percie chlr. domino de poynings . vvilli●lmo borreaux chlr. tho. da●re de gilsland chlr. johanni beauchamp milit. domino de beauchamp . jacobo de audley chlr. radulpho cromwell chlr. willielmo zouch de harringworth chlr. johanni le scroop de masham chlr. willielmo fitz-hugh chlr. hen. scroop de bolton chlr. leonide welles chlr. johanni domino de clinton . vvillielmo de lovell chlr. edoard . nevill domino de bergavenney . roberto willoughbie chlr. tho. de clifford chlr. hen. vicecom . bourchier . edw. brook de cobham chlr. johanni talbot de lisle milit. tho. de scales chlr. reginal . gray de wilton chlr. johanni sturton milit. domino de sturton . ricardo woodvill milit. domino de rivers . willielmo bourchier milit. domino de fitz-warrin . willielm . boneville milit. dom. de boneville & de chaton . hen. bromfleet domino de vessey . tho. domino de roos . roberto hungerford mil. dom. de mollins . radulpho boteler de sudley chlr. tho. gray domino de richmond . willielmo beauchamp milit. domino de st. amando . tho. percie milit. domino de egremont . johanni sutton de dudley chlr. breve dirigitur willielmo fynes domino de say , & seal , adveniendum ad parliamentum , datum decimo tertio die aprilis . the parliament holden at vvestminster on the feast of st. leonard the twenty ninth year of the reign of king henry the sixth . in the presence of the king , sitting in the chair of estate in the chamber de pinct . within the palace of westminster , lords , and commons , iohn the cardinall archbishop of york , and chancellor of england , by the kings commandement , declared , that the parliament was called , first for defence of the realm , safe keeping of the seas , for provision for an army against the french , and for the suppression of insurrections within the realm , to which end he willed the commons to choose their speaker , and the next day to present him to the king. receivers of petitions for england , ireland , wales , and scotland . receivers of petitions for gascoyne , and other places beyond the seas , and of the isles . tryers of petitions for england , &c. as above . tryers of petitions for gascoyne , &c. as above . on monday the nineteenth day of november , the commons presented to the king sir william oldhall knight to be their speaker , who with the common protestation was allowed . sundry devises and orders for the alteration of the payment of the subsedy granted in the last parliament . isabel the wife of william tresham esquire , sheweth , how symon norwich of brumhurst in the county of northampton esquire , for malice born to the said william , lay in wait for the said william , with sundry welshmen there named , and murdered the said william riding , and saying of our ladies mattins , at a place called thorpland-close in molton in northampton , towards the duke of york . she therefore prayeth , that writs of proclamation may go to the sheriffs of northampton , to proclaim , and cause those evil doers to render themselves by a day , and that upon their appearance they may be committed to ward , and answer to the appeal , the same to be tryed by sufficient men of northamptonshire only , and that the sons of the said vvilliam may pursue the appeal if she should happily die : the which was granted . the seventeenth day of december , the chancellor in the presence of the king , and of the three estates , really prorogued the parliament from the same day , unto the twentieth day of ianuary then ensuing at westminster . the twenty ninth day of april the parliament was likewise prorogued from the same day unto the fifth of may then ensuing at westminster . it is enacted , that the king shall be preferred to l. out of the customes of london , and southampton be for c li. payments . it is enacted , that the statute made in the eighteenth year of this king , for the allowance of the kings justices wages , and liveries , shall be observed . in consideration of l. delivered to the king in allom by the merchants of iean named . it is enacted , that they shall ship any staple-ware out of the south , until they be of the said summ answered . it is enacted , that certain merchants of the south shall have all the allom aforesaid , paying in hand to the king l. and no man during two years on pain of forfeiture , do bring , buy , or sell any other allom. the commons prayen the king , that edmond duke of somerset , alice poole late the wife of william poole , late duke of suffolk , william bishop of chester , sir iohn sutton knight , baron of dudley , thomas daniel late of london esquire , iohn trevillian late of london esq edward grimstone late of london esq thomas kemp clerk of the commons , iohn , &c. late of london esq reynold abbot of st. peters in the county of gloucester , thomas pulford of london esq iohn hampton , william myners , iohn blackwell , iohn pen●rike , iohn gergoran esquire , stephen slegg , thomas stacy , tho. hore lord hastings , edmond hungerford knight , thomas stanley knight , ienkin de stanley usher of the kings chamber , esq barthol . hawley , ralph balthorp esq edmond hampton knight , mr. iohn somerset , mr. iervis de deberre one of the kings secretaries , iohn newport , alias spicer , of the isle of wight esquires , and robert wingfield knight , he abandoned from the kings presence during their lives , and not to come within twelve miles of the court , for that the people speak evil of them . the king of his meer motion is contented , that all shall depart unlesse they be lords , and a few of them whom he may not spare from his person , and they shall so continue for one year , to see if any man can duely improve them . petitions of the commons , with their answers . the like act of resumption , as in the last parliament , tit . . to begin at the first day of the parliament , anno h. . and to end at the last day of the parliament , excepting certain particulars . the record is from the first day of the kings raign , and to begin at th' annunciation of our lady , in h. . the print touching the attainder of iack cade , agreeth with the record . the print touching process against breakers of truce , cap. . agreeth with the record . the print touching letters patents made in the city of york , c. . agreeth with the record . it is enacted , that the abbot of burie , who had in his hands l. s. ● d. of a rest for a collection of disms , shall pay the same to the king ; albeit he have general pardon , for that it was no meaning of the king to pardon the same , vide h. . anno tricesimo primo henrici sexti . rex , &c. duci eborum , &c. apud reading , sexto die martii . teste apud westmonast . vicesimo die ianuarii . ricardo duci somerset . johanni duci norfolciae . humf. duci buckingham . hen. duci oxoniae . edwardo com. richmond . jaspero com. pembrook . ricardo com. warr. hen. com. northumb. tho. com. devon. willielmo com. arundel . radulpho com. vvestmerland . ricardo com. sarum . ricardo com. oxon. johanni com. salopiae . johanni com. wigorn. johanni com. vvilton . johanni vicecom . de beamont chlr. johanni talbott vicecom . de lisle chlr. hen. vicecom . bourchier chlr. edwardo gray de ruthin chlr. edwardo gray domino de grobie chlr. joh. de berckley chlr. georgio latimer chlr. rogero hungerford sen. milit. radulpho de graystock chlr. hen. percie dom. de poynings . willielmo botreaux chlr. tho. dacre de gilsland chlr. johan . beauchamp chlr. dom. de beauchamp . jacobo de audley chlr. radulpho cromwell chlr. johanni le scroop de masham chlr. willielmo zouch de harringworth chlr. hen. scroop de bolton chlr. leoni de welles chlr. johanni dom. de clinton chlr. vvillielmo de lovell chlr. edwardo de nevel de burgavenny chlr. tho. de clifford chlr. edw. brook de cobham chlr. tho de scales chlr. reginal . gray de ruthine chlr. johanni sturton de sturton milit. ricardo vvodvill domino de rivers chlr. willielmo bourchier domino fitz-warren . will. bonevile , dom. de bonevile de chatton milit. hen bromfleet domino de vessey milit. tho. domino de roos mil. roberto hungerford domino de mollins milit. radulpho boteler de sudley chlr. tho. hoo chlr. tho. gray domino de richmond mil. willielmo beauchamp dom. de st. amando . tho. percie dom. de egremont mil. johanni sutton de dudley , chlr. the parliament holden at reding the seventeenth of march , in the one and thirtieth year of king henry the sixth . in the presence of the king , sitting in the chair of estate in the chamber of refectory within the abbey of reding , and of the lords and commons , william bishop of lincoln , in the absence of iohn archbishop of canterbury , chancellor of england , by the kings commandement , very notably declared the cause of the parliament , namely , for the good government of the realm , and safe defence of the same ; to which end he willed the commons to choose , and the next day to present their speaker to the king. receivers of petitions for england , ireland , wales , and scotland . receivers of petitions for gascoyne , and other places beyond the fees , and of the isles . tryers of petitions for england , &c. as above . tryers of petitions for gascoyne , &c. as above . the eight day of march , the commons presented to the king thomas thorp esquire to be their speaker , whose excuse refused , he with the common protestation was allowed . the commons grant to the king one desme , and one fifteen . the commons grant to the king tonnage and poundage during his life . they also grant to the king , during his subsidy of woolls , viz. s. d. for every sack of denizens , and l. of aliens , and so of other staple-ware , according to the rate . they also grant to the king of every merchant not born within the realm , and no denize● , and keeping house , s. and of every such merchant as shall remain within the realm but . weeks , s. per annum . and of every merchant alien being no denizen , l. s. d. yearly during the kings life . the speaker declared by mouth , how that the commons had granted to find in the kings service twenty thousand archers for half a yeares space . the eighteenth day of march , after thanks given to the lords by the king himself , iohn the cardinall , archbishop of canterbury , and chancellor of england , by the kings commandement , prorogued the parliament from the day aforesaid , and town of reding , to the twentieth day of april then ensuing , at westminster . the king discharged the realm , and commons , of archers , parcell of the before granted . a due proportioning of the men granted to serve the king for every particu●ar county within the realm . in consideration of a summe , or masse of money to be levied by the commons , the king for three yeares is content to respite the levying of archers , unlesse he be drawn by great necessity , ( or in person to go himself ) to take them . it is enacted , that edmund duke of somerset , late captain of callice , shall be payed l. s. out of the customes of the staple wares going out of the port of sandwich , for fees and wages due to him , and other chief captains and souldiers , while he was captain there . a particular rate out of the grant of a fifteen , for certain in every county in england , allotted to the repairing of callice , and for the making of a risebanck . an allotment of s. out of the subsedy for every sack of wool is allowed towards the wages , and victualling of souldiers in callice . the commons grant unto the king the moity of one desme and of one fifteen . after the words spoken to the commons by the king ( viz. vve thank you for your grants , for the which be ye assured we will be a good , and gracious lord unto you ) iohn the cardinall archbishop of canterbury , and chancellor of england , the second day of iuly , by the kings commandement prorogued the parliament , from the day aforesaid , unto the seventh day of november at reding . the king delivered certain schedules in parchment , signed with his seal manuell , the which he willed to be enrolled , and enacted ; the which contain ten purveyances , or provisions for edmund earl of richmond , and iasper earl of pembrook , and for none other severall persons , as it should seem to be exempted , and out of the statute of resumption . at reding the twenty second of november , in the . h. . to which place and day the parliament was prorogued , iohn the cardinall , archbishop of canterb●ry , and chancellor of england , by his letters patents , rehearseth the beginning , and prorogation of the parliament , and adjourneth the same from the day aforesaid , to the eleventh day of february then ensuing , at vvestminster aforesaid . the eleventh day of february at reding aforesaid , iohn earl of worcester , and treasurer of england , by the kings letters patents prorogued the parliament from the day and place aforesaid to the fourteenth day of the same moneth at westminster . the fourteenth day of february , richard duke of york by the kings letters patents of precedency presideth in the same parliament . the same fourteenth day of february , the commons made request unto the king and lords , that thomas thorp their speaker , and walter rail a member of their house , who were in prison , might be set at liberty according to their privileges . on friday the fifteenth day of february , the duke of york came before the lords , and shewed how the duke of york in the vacation , had recovered damages in an action of trespasse against the said thorp , by verdict in the kings exchequer , for carrying away the goods of the said duke of york out of durham house , for the which he remained in execution , and prayeth that he may continue the same . the judges being demanded of their counsell herein , make answer , that it was not their part to judge of the parliament , which was judge of the law : only they said that generall supersedeas of parliament there was none , but especiall there was , in which case of speciall supersedeas every member of the commons house ought to enjoy the same , unlesse the same be in cases of treason , felonie , surety for the peace , or for a condemnation before the parliament . after which answer made , the lords determined , that the said thorp should remain in execution notwithstanding the privilege , and sent certain of themselves to the commons to require them on the kings behalf to choose a new speaker . the tenth day of february , certain of the commons were sent to the lords to make declaration , now they had newly chosen ( in the place of thomas thorp ) thomas charleton knight , to be their speaker ; the chancellor answered , the king liked him , and willed them to proceed with effect . on tuesday the nineteenth day of march , the commons required the lords to remember the hazard of callice , the safe keeping of the seas , and that the subsidy granted might be imployed upon the same ; they also requi●●●he lords to hold them excused of any other subsidies ; and finally they require that a grave councell may be ready to answer all , which is promised . certain lords by name were appointed to go to the king lying sick at vvindsor , and to know his pleasure touching two articles . the first , to know who should be archbishop of canterbury , and who chancellor of england in the place of iohn kemp , by whose death the king was to dispose of them ? the second , to know whether certain being named to be of the councell liked him , or no ? the said lords messengers the twenty fifth of march , report to all the lords , how they had been with the king at vvindsor , and after three severall repaires , & earnest perswasions with the king , they could by no means have answer , or token of answer , only they said the king was sick . whereas the lords the twenty seventh of march had appointed the duke of york to be protector and defendor of the realm , so long as the same should please the king ; the same duke the twenty eighth day of the same moneth , required the lords answer to the articles following . first , that it be enacted , that the said duke doe take upon him the same offices at the only appointment of the lords , and nothing of his own desire , or seeking . the like articles shall be made for the same , as was made during the kings minority . that all the lords will assist the duke therein . it is agreed by all lawfull means . to prescribe the power thereby given to the said duke . he shall be chief of council , protector and defendor , which implyeth a personal attendance against forein invasion , and inward rebellion , and no authority of governance : so as the same be no prejudice to the prince . to appoint how much the said duke shall take for the exercise of the same . the presidents shall be seen , and the duke conferred withall , upon which an act shall be made . the king , by his letters patents , appointeth the said duke to be his chief counsellor , protector , and defendor of this realm at the kings will , and as unto such time as edward the prince shall come to the age of discretion ; the which the duke in full parliament took on him to perform . the like letters patents are made to edward the prince , as anno h. . tit . . with the yearly fee of marks onely , besides allowance for riding , and such other exploits ; provided the same be not prejudicial to any grant made to margaret queen of england . richard earl of salisbury , iohn earl of shrewsbury , iohn earl of worcester , iames earl of wiltshire , and the lord sturton , are appointed to keep the seas , to whom is appointed for three years tonnage and poundage granted in the last parliament . the fifteenth day of april in the year , it is agreed , that towards the furniture of the lords aforesaid , there shall be a loan made of certain cities and towns there named of particular summs , and they to be answered of the same out of certain customs and subsidies . a certain particular rate out of the kings revenues , and fee-farms , is allotted to the treasurer of the kings house for paying the kings provision taken up therefore . the like statute made anno h. . tit . . it is repealed . where robert poynings of southwark esquire , being the carver , sword-bearer , and chief doer with iack cade , and had his pardon , upon which he with certain sureties by recognizance was bound in the chancery for his good behaviour , since which time he had done many riots , and namely , by raising , and going with men armed , against the law , in kent ; wherefore it is enacted , that an extent upon the said recognizance shall goe against the said poynings , and his sureties , and his and their lands and goods . a certain fine is specially taxed upon every lord , for not coming to the parliament , according to their degree . it is enacted , that the mayor , constable , and fellowship of the merchants of the staple , shall be paid marks out of the subsidy of wooll at callice , the which they lent towards the payment of the souldiers wages there . the king , by his letters patents , created edward his son prince of wales , and earl of chester , to him and to his heirs kings of england , with the ceremonies thereto belonging , the which are confirmed by the hands of the lords there named , and by the commons . thomas earl of devonshire was accused of treason , and acquitted of the same by his peers , before humfrey duke of buckingham , steward of england for the time being ; and for that the duke of york thought the honesty of the said earl to be touched ; whereupon the said earl protesting his loyalty , referred further tryal as a knight should doe , upon which declaration the lords acquitted him as a loyal subject . the king by his letters patents enableth edmond of hadsham , and iasper of hatfield , the sons of queen katherine his mother , to be the kings lawfull half brethren , and denizens . the king also createth the said edmond to be earl of richmond , and that in parliament and elsewhere , he should have preheminence above all earls . the king also granteth unto the said edmond , and to the heirs males of his body lawfully begotten , the whole county , honor , and dominion of richmond , with all the hereditaments , and appurtenances , with warranty by the service accustomed . the king also by his letters patents createth iasper of hatfield , earl of pembrook , with the preheminency to take place above all earles , next unto his elder brother edmond , and gave also unto him , and to his heirs males of his body lawfully begotten , the whole county , honor , and dominion of pembroke , as above . in both of which creations , and grants , certain perviews , or exceptions are ; both of which letters patents are confirmed by assent of parliament . the king by assent of parliament granteth to edmond earl of richmond in general tail , the mannor of woresdall , with the appurtenances , in the countyes of lancaster , westmerland , and york , late iohn duke of bedfords , to hold only by fealty , with certain provisions therein . richard duke of yorke being appointed to be captain of callice , requireth satisfaction of . articles , or demands concerning ready payment , and the like succour for the keeping of the same , whereunto no answer is made . the mayors , and merchants of the staple made several demands , and had answers made thereunto . the print , cap. . touching a release of som● part of the subsidy of wooll , agreeth with the record . iames earl of wiltshire , and of ormond , gave to the master of the hospital of thomas peccot of london , called thomas of acres , the manor of hucot , and a croft called little milnhome ; the which is confirmed by parliament . a chauntery called romans chauntery , founded in the parish of st. danstans in shorditch , for the which the priest should have yearly l. out of certain houses in london , is established by parliament . it is enacted , upon the kings letters patents , that margaret the queen , and wife to the king , should yearly have , during her life , l. out of the customs and subsidy of woolls in the port of southampton , in which certain provisoes are . the king by his letters patents granteth to the same queen during her life , sundry manors , and hereditaments in northampton , southampton , and oxfordshire , the which are confirmed by common consent . the king , by his letters patents granteth , that john earl of shrewsbury should be payed l. . s. ob . q. out of certain customs , the which is confirmed by common consent , ralph lord cromwell in full parliament demanded the surety of peace of the duke of york , against henry the duke of exeter , the which was granted . petitions of the commons , with their answers . the print touching the attainder of iack cade , cap. . agreeth with the record . the attainder of william oldhall knight , outlawed of treason , being worker with iack cade , is confirmed . the print touching riotous disobeying of privy seals , cap. . agreeth with the record . the print touching attachments made by the wardens of the marches , cap. . agreeth with the record . the print touching the act of resumption , cap. . agreeth with the record . the print touching breach of truce , cap. . agreeth with the record . the print touching letters patents made to gaingiers , cap. . agreeth with the record . the print touching outlawries in law , cap. . agreeth with the record . the print touching shipping of woolls , cap. . agreeth with the record . the print touching taking away of ladies , and gentlewomen inheritors , cap. . agreeth with the record . the which act was made upon the complaint of henry beamont , son and heir of sir henry beamont knight , and charls powell esq against edward lancaster of skypton in craven esq for taking away dame ioane beamont the late wife of the said henry , being lawfully maried unto the said charls , and for that the said edw. maried the said dame against her will , and thereby ravished her , against the which edward , and many others there named , remedy is given by way of appeal . anno tricesimo tertio henrici sexti . rex , &c. ricardo eborum , &c. apud westm. nono die iulii . teste apud westmonast . vicesimo sexto die maii. johanni duci norfolciae . humf. duci buckingham . hen. duci oxoniae . edmond com. richmond . jasper com. pembrook . ricardo com. warr. tho. com. devon. willielmo com. arundel . radulpho com. vvestmerland . ricardo com. sarum . johanni com. salopiae . johanni com. oxon. johanni com. wigorum . jacobo com. vvilton . johanni vicecom . de beamont chlr. hen. vicecom . bourchier chlr. edwardo gray de ruthin chlr. edwardo gray de grobie chlr. jacobo berckley milit. roberto hungerford milit. radulpho de graystock chlr. hen. percie dom. de poynings chlr. willielmo botreaux chlr. tho. dacre de gilsland chlr. johan . beauchamp dom. de beauchamp . chlr. jacobo de audley chlr. radulpho cromwell . johanni le scroop de masham . willielmo zouch de harringworth hen. le scroop de bolton . johanni dom. de clinton . vvillielmo de lovell . edwardo nevil dom. de burgavenny milit. edw. brook de cobham chlr. tho de scales chlr. reginal . gray de vvilton chlr. johanni sturton dom. de sturton milit. willielmo bourchier domino de fitz-warren milit. will. domino de boneville , et de chatton milit. hen bromfleet domino de vessey milit. tho. domino de roos mil. radulpho boteler de sudley chlr. tho. gray domino de richmond mil. willielmo beauchamp dom. de st. amando mil. tho. percie dom. de egremont mil. vvillelmo nevill de facalbridge chlr. ricardo vvelles domino de vvilloughby mil. johanni bourchier de bruers mil. the parliament holden at westminster on wednesday the ninth of iuly , in the three and thirtieth year of the reign of king henry the sixth . in the presence of the king , sitting in the chair of estate , and of the lords and commons , thomas archbishop of canterbury , and chancellor of england , declared the cause of the parliament , and took for his theam , &c. other report there is none . wherefore the chancellor willed the commons to choose their speaker , and the next day to present him to the king. and further sheweth to them , that the kings pleasure was , that all estates should enjoy their liberties . receivers of petitions , for england , ireland , wales , and scotland . receivers of petitions for gascoyne and other places beyond the seas , and of the isles . tryers of petitions for england , &c. as above . tryers of petitions for gascoyne , &c. as above . on thursday the second day of the parliament the chancellor caused articles openly to be read , containing the cause of the parliament . first , to devise order for the charge of the kings house . for the due paying the souldiers at callice , and the marches there . to provide for keeping of the sea , and against the invasion of the french , and namely against the scots , for besieging barwick , against the truce . to appoint how , and when the archers granted the last parliament , should be imployed . to make a perfect accord , and unity between the lords . to restrain the carrying forth of gold and silver . to provide for the safe-keeping of the seas . to foresee that the peace may be kept in wales . for every of which articles certain bishops and lords , were severally appointed . on friday the third day of the parliament , the commons presented to the king sir iohn wenlock knight , to be their speaker , whose excuse being refused , he with the common protestation was allowed . a long conveyance made by the king , the king acquitteth richard duke of york , richard earl of warwick and richard earl of sarum , and them taketh to be his loyall subjects , albeit edmond late duke of somerset , thomas thorp , and william ioseph , by their untrue means , had caused the king to think the contrary , and thereby to have raised a great power against the said duke , and others . the duke of yorks letters sent to the archbishop of canterbury , chancellor of england , from royston in may before , touching his coming by force towards the king , and his griefs conceived . the letters of the said duke , and earls , written to the king from royston in may before , containing their enterprize , and due obeysance to the king. the letters were kept from the kings knowledge by the duke of somerset , and others , untill such time as the said duke of york and others met with the king at st. albones . the duke of york , and his allyes , the twenty second day of may last , came to st. albones to have spoken with the king , whom the duke of somerset , and others , did resist with a great number of armed men , in which conflict the same duke of somerset was slain . the humble obeysance of the duke of york and his allies , in coming into the kings presence after the said conflict . the acquittall of the said duke of york , and of all others coming with him to the said conflict , or battel , to any harms there done . all which are confirmed by whole assent of parliament the twenty third day of july in the thirty third year , all the bishops , and lords , in open parliament were sworn to be true to the king , but none here are named , nor their names . the like order is taken for all other lords as should after come to take the like oathes . at the request of the earles of salisbury , shrewsbury , and worcester , and of the lord sturton , they were discharged from keeping of the seas . the one and thirtieth day of iuly , the archbishop of canterbury , chancellor of england , in the kings presence , prorogued the parliament from the same day , and place , to the twelfth day of november ensuing , at westminster . the generall pardon for treasons , felonies , contempts , trespasses , &c. the one and twentieth day of november , in the thirty fourth year of the kings reign , the king by his letters patents appointed richard duke of york to proceed in the parliament , the which commission was read before the lords , and then before the commons . the thi●teenth day of november , burley and others , coming from the commons , required the duke of york , and the lords , to move the king to appoint an able protector and defender of the realm , sith the king would not attend the same , and that the commons might have knowledge of him ; wherein they remembred the great ryots , and murders in the vvest parts , between the earl of devonshire , and the lord boneville ; the duke and lords promised to answer the same . the fifteenth day of november , the said burley , and others of the commons , coming before the lords , renewed the aforesaid sute , and had the like promise . after consultations had amongst the lords , for a protector , a●d defender , they thought the duke of york most worthy therefore , and thereupon made request to take the same upon him , according to the presidents before , the which duke upon excusing himself , requireth respite . the seventeenth of november , burley , and others of the commons , coming before the lords , revived their sute again as before , tit . . . the chancellor declareth to the commons , how that the king by the assent of the lords , had requested the duke of york to be protector , and defender of the realm . the duke of york makes the like protestation , and demand , and thereto hath the like answer , as anno . h. . tit . , , , . after conference had with the said duke , by certain of the lords , it was agreed , that the said duke should have towards his charges yearly four thousand marks . after all which articles agreed , and earnest request made by the lords to the said duke to take the same upon him , the said duke at their earnest contemplations , accepted the same charge , not as sought by himself , but as laid upon him by them . the like letters patents are made to the said duke , and to prince edward , as an. . h. . tit . , . only where by the former letters they were to continue at the kings will , instead thereof these words were inserted ; quousque consanguineus noster de occupatione ejus onere & nomine hujusmodi per nos in parliamento de aviseamento , & assensu dominorum spiritualium , & temporalium , in parliamento existent , exoneretur . the which letters patents are confirmed by common consent . the like other letters patents are made to the said duke and prince , as an. . h. . tit . . the twenty third of november , in the thirty fourth year of the kings reign , the king committeth the whole estate , affaires , and governance of the realm , to the lords of his councill , only for matters concerning his person , they shall not proceed , without making him privy thereto . the king by his several letters patents confirmeth to his son edward prince of wales , and to his heirs kings of england , his creation of the principality and earldom of chester , with all the particular dominions and hereditaments belonging to the principality and earldom . and for that the said prince , the kings first begotten , the day of his birth is , and ought to be duke of cornwall , the king granteth to the said prince livery of the same , and of all other hereditaments belonging , of common consent . and further it is enacted , that the said prince shall be at diet , and sojourn in the kings court unto his age of . years , for the which diet , the king shall yearly take all the revenues and profits of the said principality , earldom , and dutchie of the said prince , until the said prince come to the age of . years , allowing yearly to the said prince towards his wardrobe and wages l. unto his age of . years , and from the said age unto the age . years , marks yearly , wherein sundry provisions are . at the request of the mayor , and company of the staple at callice , sir iohn cheyney knight victualler of callice , who by the appointment of the council had delivered to the mayor and company certain of their obligations , to the summe of marks , which they lent the same sir iohn by the assent of parliament , is quitted . the king for l. borrowed of the merchants of the staple , by the assent of parliament , granteth to them payment of the same out of the customs , passage out of the ports of sandwich , and southampton . a general act of resumption of all lands , offices , and fees , and other grants , from the first day of the reign of the king , with sundry provisions therein made . a particular allotment of l. s. d. ob . q. out of sundry the kings revenues , customs , and fee-farms , yearly is allowed towards the charges of the kings houshold . thomas archbishop of canterbury , and chancellor of england , by the appointment of the duke of york , the kings commissary , appointed by letters patents the th day of december in the h. . in the presence of the lords and commons , prorogued the parliament from the same day to the th day of ianuary then ensuing , at westminster aforesaid . the nineteenth day of november , in the th year , the king being present in parliament , as well by his letters patents in the nature of a writ directed to richard duke of york , as by full consent of parliament , repealeth the power of protector , defendor , chief counsellor in this parliament , before the committed to the said duke . petitions of the commons , with their answers . the print touching servants spoyling of their masters goods , cap. . agreeth , &c. the print touching the repeal of a statute made in the last parliament , touching outlawries in lanc. cap. . agreeth with the record . the print against extortion of officers of the exchequer , cap. . agreeth with the record . the print touching brewers in kent , cap. . agreeth with the record . the print touching silkwomen , cap. . agreeth , &c. the print touching the abbey of fountaine , cap. . agreeth with the record . the print touching attorneys in norfolk and suffolk , agreeth with the record . anno tricesimo octavo henrici sexti . rex , hen. duci oxoniae , &c. apud coventree vicesimo die novembris . teste apud regem leominster nono die octobris . iohanni duci norfolciae . humf. duci buckinghamiae . jaspero com. pembroke . com. northumb. hen. com. devon. vvillielmo com. arundell . ricardo com. vvestmerland . johanni com. oxoniae . jacobo com. wilton . johanni vicecom de beamont chlr. hen. vicecom . bourchier chlr. edoardo gray de ruthin chlr. jacobo berckley chlr. georgio latimer chlr. radulpho de graystock chlr. vvillielmo botreaux chlr. reginaldo dacre de gilsland chlr. johanni dom. de beauchamp chlr. tho. scroop de masham chlr. williel . la zouch de harringworth chlr. johanni lovell chlr. johanni de scroop de bolton chlr. edw. nevell domino de bergavenney chlr. edw. brook de cobham chlr. tho. de scales chlr. reginal . gray de wilton chlr. johanni domino de sturton chlr. ricardo woodvill domino de rivers chlr. willielmo bourchier domino de fitz-warren chlr. willielmo domino de boneville chlr. hen. bromfleet domino de vessey chlr. tho. domino de roos . radulpho boteler de sudley chlr. tho. gray domino de richmond chlr. tho. percie domino de egremont chlr. vvill. nevill de faconbridge . johanni bourchier de barnes chlr. ricardo welles domino de willoughbie chlr. hen. fitz-hugh chlr. ricardo fynes domino de dacre chlr. johanni dom. de clifford chlr. leoni welles chlr. hen. gray chlr. ricardo west chlr. johanni sutton de dudley . willielmo fynes domino de say chlr. the parliament holden at coventree , on tuesday the twentieth day of november , the thirty eighth year of king henry the sixth . in the presence of the king , sitting in the chair of estate within the chapter-house of the priory of our lady of coventree , and the lords and commons , william bishop of winchester , and chancellor of england , made a notable declaration of the parliament , taking for his theam , gratia vobis , & pax multiplicata . after which he willed the commons to choose their speaker , and the next day to present him to the king. receivers of petitions for england , ireland , wales , and scotland . receivers of petitions for gascoyne , and other places beyond the seas , and of the isles . tryers of petitions for england , &c. as above . tryers of petitions for gascoyne , &c. as above . on tuesday , being the third day , the commons presented to the king thomas tresham esquire to be their speaker , whose excuse being rejected , he with the common protestation was allowed . a long attainder of richard duke of york , and others , wherein are contained these matters ensuing . first , a commemoration of the kings great care in bringing the said duke up , and of the manifold benefits to him shewed . the confederation of the said duke with jack cade , to be advanced to the crown , the duke comming out of ireland , with force to the kings court , and presence . the dukes practice to be protector . the dukes intent to have raised an army against the king at dertford in kent . his submission , and oath to the king in pauls , after the same . the dukes oath at large . the dukes confederacy with the earls of warwick and salisbury . a rehearsal of the kings sundry benefits shewed to the two said earls . the battel at st. albones , at what time the duke of somerset , the earl of northumberland , and the lord clifford were slain , and the pacification made by the king between the heirs of the said duke , and earls slain , and the said duke of york , and two earls . the kings pardon granted to the said duke and two earls , and their promises of due obeysance , with renumeration of sundry benefits to them after shewed . the ambition of the said duke and earls , their new oaths and promises made to the king , their policies in not coming to the council , for their readiness in coming together , being farr asunder . the expedition of the earl of salisbury , with thomas and iohn nevil knights , sons of the said earl ; thomas parkin , william stanley esquir●s , sons to thomas lord stanley , and thomas oringe of tongue in the county of york , with men , and banners displayed on blore-heath , on the feast of st. matthew , anno . iames lord audley slain at blore-heath in staffordshire by the said earl , and iohn lord dudley , with sundry others taken prisoners , the king pursuing them by the space of dayes and nights ; the kings pardon to them offered , and their refusal . the assembly of the said duke , edward earl of march , richard earl of warwick , richard earl of salisbury , edmond earl of rutland iohn lord clinton , iohn wenlock , iames pickering , and iohn coniers , and thomas parr , knights ; iohn bourchier , edward bourchier esqs. nephews to the said duke ; thomas colt of london gentleman , iohn clay of chesunt in herefordshire esq roger egerton of shrewsbury esq and robert bold , brother to henry bold knight , who with sundry others pitched their field of ludlow in the county of hereford , on friday the vigil of the translation of st. edward , in anno . the duke pretended to his company , that the king was dead , for whose soul masse was said in the said dukes camp . the kings expectation of the duke , the dukes ranging in battel , the fortifying of his ground with carts , and guns set before his eschurmishes made , his ambush laid , and his meaning suddenly to have surprized the kings hoast . the departure of the said duke , and earls out of the field about midnight , under colour to repose themselves at ludlow , and their flight into wales , for that their army sainted , and submitted themselves unto the king , who granted to them pardon . the attainder of the said duke , earls , and others aforesaid persons as traytors . alice the wife of richard earl of salisbury , william old●all knight , and thomas vaughan of london esq were attainted as traytors for procuring the treasons aforesaid . all , and singular the hereditaments of the said duke , and others , attainted in fee , or fee tayl , are forfeited . richard gray lord powis , walter devereux esq and henry radford knight , being in the field with the duke at ludlow , are pardoned , but all their hereditaments as before , and other profits are forfeited . sundry provisions as well for goods as lands , as touching the forfeiture of the lord gray , and sir walter devereux , the king would be advised . a very solemn oath , whereto all the bishops , and lords there named , did answer , subscribed , and sealed , the eleventh day of december , in full parliament , the effect was , for due obeysance to the king , the queen , prince edward , and the heires of the kings body . the king by authority of parliament , giveth to the queen the mannor of colsham , with the appurtenances in vvilts , and l. yearly out of the aulnage of cloaths in london , in exchange for the mannor of havering at bower in essex . all such mannors , and other hereditaments , of the dutchy of lancaster , as are comprised in h. . tit . . which other hereditaments of the said dutchy , are granted to thomas archbishop of canterbury , and to many other feoffees in trust , for the performance of the kings will , all which are commanded to passe under the great seal , and are confirmed by whole assent of parliament . edward prince of wales , by his petition reciteth the erection , donation , and annexion of the dutchy of cornwall , with all the hereditaments and liberties belonging to the same , granted by parliament , and sundry other patents of e. . in an. . all which are recited at large ; whereupon the said prince requireth , that he may enjoy the same accordingly . and among other things , that all such teannts as hold of the said dutchy in chief , may therefore sue livery out of the said dukes hand , although they hold otherwise of the king in chief , and that he may freely enjoy the said dutchy , with all the revenues , and liberties of the same , as it ought to be , notwithstanding the statute thereof made , anno h. . all which are granted by common consent , with certain provisions swarving in part from . the king by his letters patents confirmed by parliament , confirmeth unto the provost and scholars of the college of eaton , as well all , and singular his grants , as all other mens grants made to the said provost , and scholars . the like confirmation is made to the provost , and scholars of the kings college in cambridge , with a provision for the colledge , called pembroke hall in cambridge . the foundation , or donation of the priory of syon , erected by h. . is confirmed by whole assent of parliament . petitions of the commons , with their answers . it is enacted , that all letters patents , and grants of any office to any person which was against the king in the fields of st. albones , blore-heath , and ludlow , shall be void , and that all grants made by richard duke of york , or by the earles of salisbury or warwick , to any persons being in those fields against the king , be also void : and that the grants made by the king to any person being in those fields with him be good , wherein certain provisions are . it is enacted , that all letters patents made to any person , or persons , of the offices of sheriff , or escheator for life , within the counties of chester , and flint , be utterly void , except to certain persons there named . it is enacted , that all such knights of any county as were returned to this parliament by vertue of the kings letters , without any other election , should be good , and that no sheriff for returning them to incurre the pain therefore provided in an. . h. . the commons complain against twenty five knights , and esquires by name , of sundry countries , for their manifold robberies , rapes , and exactions , against the which straight orders are devised to cause them to answer thereunto . at the request of the commons , walter hopton esq roger kenistone , fulk stafford , esquires , william hastings esq son of leonard hastings knight , and william bowes esquire , for being at ludlow field against the king , and having their pardons , are fined therefore . the commons accuse the lord stanley of sundry particulars , being of confederacy with the duke of york , and pray that he may be committed to prison . the king will be advised . the twenty fifth day of december , in the presence of the king , and of the three estates , the chancellor by the kings commandement , after thanks given to all the estates , dissolved the parliament . anno tricesimo nono henrici sexti . the parliament holden at westminster the seventh day of october , in the thirty ninth year of king henry the sixth . in the presence of the king , sitting in the chair of estate in the chamber de pinct . within the palace of westminster , and of the lords , and commons , george bishop of exeter , and chancellor of england , made a notable declaration , taking for his theam , ioel . congregate populum , & sanctificate ecclesiam : after which done , he willed the commons to choose their speaker , and the next day to present him unto the king. receivers of petitions for england , ireland , wales , and scotland . receivers of petitions for gascoyne , and other places beyond the seas , and of the isles . tryers of petitions for england , &c. as above . tryers of petitions for gascoyne , &c. as above . the commons declaration made to the lord chancellor of the choice of their speaker . the fourth day of the parliament , the commons presented unto the king iohn green esquire , to be their speaker , whose excuse being refused , he with the common protestation was allowed . the print touching the revocation of the parliament holden at coventree , cap. . agreeth with the record . walter clark , burgesse of chippingham in wilts , being committed to the fleet for sundry condemnations , and outlawed upon some of them , as well at the kings sute , as otherwise , is discharged and set at liberty out of the fleet. the sixteenth day of october , the councell of the duke of york exhibited to the lords in full parliament , a writing touching the right , and claim of richard duke of york to the crown of england , and lordship of ireland , the which lords upon consultation , willed it to be read amongst them , but not to be answered without the king. the title deriveth the pedegree from h. . to edw. . and proving himself of the right line from lyonell duke of clarence , the third son of e. . and next sheweth himself to be indubitate heir of the said crown , before any of the line of iohn of gaunt the fourth son of e. . the lords upon large consultation , declared this title to the king , who willed them to call the justices , sergeants , and attorney to answer the same . they so being called , utterly refused to answer the same , and order taken that every lord might therein franckly utter his conceipt , without any impeachment unto them . in the end there was objected against the dukes title , as followeth . first , the oathes of the lords made to the king , and namely of the duke . secondly , the acts of parliament sunderly made against the title of the duke . thirdly , sundry acts of intayl made of the crown of england . fourthly , that the duke pretending title from lyonel duke of clarence , should rather bear his arms , than of edmond of langley , duke of york . item , that at what time as h. . took upon him the crown of england , he took the same as right heir to * h. . and not as conqueror . the answer of richard plantaginet , commonly called the duke of york , to the objections aforesaid . first , that no oath , being the law of man , ought to be performed , when the same tendeth to suppression of truth and right , which is against the law of god. to the second , and third , he knoweth no other acts than one act in anno h. . touching a general tayl made by him a wrong-doer ; for if he had any right to the same , he neither needed , nor would have made any such intail . to the fourth , he justly might have bore the arms of the duke of clarence , and of england , only he forbore the same for a time , as he did his claim to the crown . the fifth , being a manifest and approved untruth , was only a cloak to shaddow the violent usurpation of henry of derby . after this the lords devised this order , that the king should enjoy the crown of england during his life , and the duke and his heirs to succeed after him ; and appointed that the chancellor should declare this to the king. whereupon the yorks●pedegree ●pedegree and title was again repeated , and the king assented that an accord between them should be made , the which was devised in form following . first , that the king should during his life enjoy the crown , and preheminence of the realm of england . that the said duke , the earl of march , and edward earl of rutland , his sonnes , should be sworn by no means to shorten the dayes , or impair the preheminence of the said king during his life . that the said duke shall be from thenceforth reputed , and instiled to be the very heir apparent to the crown aforesaid , and shall enjoy the same after the death or resignation of the said king. that the same duke shall have hereditaments allotted to the clear yearly value of marks , viz. marks for himself , marks for the earl of march , and marks of the earl of rutland . that the compassing of the death of the said duke , shall be treason . that all the bishops , and lords in full parliament shall swear to the said duke , and to his heires , in form aforesaid . that the said duke , and his two sons , shall swear to defend the lords for this agreement . the king , by assent of the lords , agreeth to all the ordinances aforesaid , of his free motion . the king , by the assent aforesaid , utterly repealeth the said statute of intayl , made anno . h. . so alwayes as hereafter there be no better title proved , for the defeating of this title and act. after all this , in the 〈◊〉 of a●hall●es , the said duke , and the two earls his sons , came into the parliament chamber before the king and lords , and there promised , and sware to perform the accord aforesaid , with protestation , if the king for his part duly observed the same ; the which the king then promised to doe : the which protestation the said duke and earls required to be enrolled . the king , by his letters patents , assigneth to the said duke sundry countries , and other hereditaments in wales , and elsewhere , to the yearly value of markes , as is aforesaid . where sundry provisions are , and namely for the dutchy of lancaster ; all which are confirmed by whole assent of parliament . an act for publishing of the duke of york to be rightfull heir to the crown , and power given him to ride through the whole realm for suppressing of all rebellions , and insurrections , wherein commandement is given to all sheriffs , officers , and subjects , to obey him as the king , with certain provisions . whereas such hereditaments of the dutchy of lancaster , as the king had put in feoffment to the use of his will , there was appointed one chief steward , and chancellor , one general receivor , and attorney general , and auditors , with fees accordingly ; the king , by assent of parliament , revoketh all the said offices , and fees of the same grant , so all the said premisses in feoffment shall be under the rule and government of such chancellors , and other officers as were and had the same , before the said feoffment made . it is enacted , that all the revenues of the dutchy of lancaster , as well of land and feoffment , as otherwise , shall be received by the receiver general of the said dutchy , for two years , and by him payed over to the treasurer of england , and touching weighty affairs of the realm , wherein are contained principal provisions for foreiners , and officers of the said dutchie . all the conveyances and feoffments in use of all the hereditaments contained in h. . tit . . are rehearsed , & enacted , that all and singular the premisses shall go only to the performance of the kings will , and not otherwise : albeit the feoffees had grauted to the king a longer time . the print touching liveries to be granted to women , cap. . agreeth with the record . the which act passed , upon the petition of iohn nevill knight , and isabell his wife , the daughter and heir of edmond goldesthorp knight . anno primo edwardi quarti . rex , &c. iohan. duci norfolciae , parliamentum apud westm. sexto die iulii , &c. teste rege apud vvestm . vicesimo tertio die . ricardo com. warr. johanni com. oxoniae . willielmo com. arundel . radulpho com. vvestmerland . hen. vicecom . bourchier mil. edwardo gray de ruthin chlr. jacobo berckley chlr. georgio latimer chlr. radulpho graystock chlr. willielmo botreaux chlr. johan . domino de beauchamp chlr. johan . de audley chlr. tho. le scroope de masham chlr. willielmo zouch de harringworth . joh. le scroop de bolton chlr. johanni domino de clinton chlr. johan . lovell chlr. edwardo nevil dom. de burgavenny chlr. edw. brook de cobham chlr. reginal . gray de vvilton chlr. johanni sturton dom. de sturton chlr. willielmo bourchier de fitzwarren chlr. hen bromfleet domino de vessey chlr. radulpho boteler de sudley chlr. tho. gray de richmond chlr. johan . sutton de dudley chlr. willielmo fynes domino de say chlr. willielmo fynes domino de dacre chlr. vvillelmo nevill de fauconbridge chlr. johanni bourchier de barnes chlr. ricardo vvelles de vvilloughby chlr. hen. fitz-hugh chlr. hen. gray chlr. ricardo west chlr. tho. standley chlr. johanni nevill domino de mountioye chlr. milites omnes excepti audley et clynton , et eo quod scotorum rex intravit apud carliolum , hoc parliamentum fuit prorogatum , usque ad quartum diem novembris prox . sequentem . ac tunc tenebatur , et sedebant domini in ordine subscripto . de dicto parliamento tenendo apud westmonast . quarto die novembris . rex , &c. iohanni duci norfolciae , &c. apud westm : quarto die novembris . teste apud westm. decimo tertio die iunii . numerus et ordo nobilium idem quod in posteriori summonitione in omnibus . the parliament holden at vvestminster the fourth day of november , in the first year of the reign of king edward the fourth . in the presence of the king , sitting in the chair of estate in the chamber de pinct . within the palace of westminster , and of the lords and commons , george bishop of exeter , made a notable declaration of the cause of the summons of the parliament , taking for his theam , ier. . bonas facite vias , & studia vestra . after which , he called the commons to choose , and the next day to present their speaker . receivers of petitions , for england , ireland , wales , and scotland . receivers of petitions for gascoyne and other places beyond the seas , and of the isles . tryers of petitions for england , &c. as above . tryers of petitions for gascoyne , &c. as above . on friday the third day of the parliament , the commons presented unto the king sir iames strangewaies knight to be their speaker , whose excuse being rejected , he with the common protestation was allowed . the commons by their speaker in an oration doe commend the kings notable courage against his enemies , and gave god thanks for victories given him . a long declaration of the kings title to the crown of england , containing in effect , first , as in an. . h. . tit . . the tyrannous usurpation of h. . with his heinous murdering of king r. . an act that king e. . was , and is undoubted king of england , from the fourth day of march last before , and that all the estates yielded themselves obeysant subjects to the said e. . and his heirs for ever , affirming the reign of h. . to be an intrusion , and only usurpation . it is also enacted , that king e. . was seized of the crown and profits of the realm of england , from the said fourth day of march in such wise as king r. . enjoyed the same , in an. . in which act is one provision , and one generall provision for all mens rights , other then of such as claim by the grant of h. . h. . h. . the said henry of darbie , otherwise h. . and the heirs of his body coming , are utterly disabled to enjoy any inheritance , estate , or profits within this realm , or dominions of the same , for ever . a whole recitall of the concord made between h. . and richard duke of york , and the king now in an. . h. . and breach of the same by sundry means there declared . by which breach it is declared , that king e. . was discharged out of the same concord , and that no title of the same concord should bind this king. a number of particular provisions . the tenants of the mannor of eastmain in hampshire , belonging to the bishop of winchester , complain against the said bishop for raising of new customes upon them , and pretending that they were free-holders , and copy-holders , which was committed to certain lords , and justices , and upon their report enacted , that the said tenants were in fault , and that they should continue the said customes and services . a long attainder of sundry persons following for the death of richard duke of york , and others , viz. henry the . margaret late queen , edward called prince of wales , henry late duke of somerset , henry earl of northumberland . how william lord boniville , and sir tho. kuriell knights of the garter , and william gower standar-bearer to richard duke of york , were against law beheaded and murdered . the attainder of thomas courtney late earl of devonshire , thomas lord roos , iohn late lord nevil , baldwyn fulsthurst , alexander hedie , nicholas latimer , iames luterell , edmund mountford , thomas fundern , hen. lewis , iohn heron of ford , richard tustall , hen. bellingham , robert whittingham knights , and of andrew trollopp late of guinescoe esq and of sundry other esquires , gentlemen , and yeomen , for being at the death of the duke of york , at wakefield , the thirtieth day of december late before . henry duke of exeter , william viscount beamont , iohn late lord rongemont gray , randall late lord dacre ; humphry datren , philip wentworth , william rawkesley , edmond hampden , thomas findrey , iohn courtney , iohn ormond , alias botler , william milley , symon haines , william holland , called the bastard of exeter , thomas ormond , alias botler , thomas everingham , henry ro●s of rockingham , with sundry esquires , gentlemen , yeomen , and priests , and sundry attainted persons , are attainted for being against king e. . the twenty ninth day of march before , being palm sunday , in the fields called saxon fields , and tawton fields in the county of york . king h. . queen margaret , prince edward , and some others of the chief before attainted , for delivering of the town of barwick to iames king of scots , on the feast of st. mark the evangelist last before . the persons next aforesaid , with iasper earl of pembrook , iames earl of wilts , robert lord hungerford , with certain priests and fryars , are attainted for procuring forein princes to invade the king and realm . the persons aforesaid are attainted for practising to deliver the city and castle of carlisle to the scots . henry th . with certain of the persons aforesaid , iohn fortescue , william talbois , and other esquires , gentlemen , priests , and fryars , are attainted for being in field against king e. . in the bishoprick of durham , the eighteenth day of iune last past . the duke of exeter aforesaid , iasper earl of pembroke , and others , are also attainted for rearing of warr against the king at tuball beside carnarven in wales , on friday next after the feast of the translation of st. edward last before . the attainder , and forfeiture of all and singular the hereditaments of the said h. . and namely , of all the land belonging to the dutchy of lancaster , that the said king shall hold the said dutchy , and countie pallatine of lancaster to him , and to his heirs kings of england , with all offices , and liberties to the same belonging , separate from the crown , and that the tenants of the same do enjoy all their liberties , in such wise as h. . held the same , the third day of march last before . the attainder , and forfeiture of margaret the late qu. prince edward her son , and of the other persons aforesaid , certain provisions and saving for dower , and otherwise . iohn skidmore knight , as adherent to the duke of exeter , iasper earl of pembroke , iames earl of wilts , and others , are attainted of treason , to forfeit all their hereditaments , saving to the same iohn his life , and goods . where iohn wallyes of thornton in devon. esquire , and sundry others with him named , had not yielded themselves to the protection of the king , it was enacted , that if they after proclamation came not in , and were obeysant to the king , that then they , and every one of them making default , to be attainted of treason . it is enacted , that cicile dutchesse of york , the kings mother , be first payed yearly the summe of . l. granted by the king , before any others . the whole processe , and judgement , as well in parliament , as otherwise , made against richard earl of cambridge and others , an. . h. . is utterly made void , and repealed . the like judgement made against iohn montague , late earl of salisbury , and thomas lord le despencer in parliament , made void , and richard earl of warwick , and anne his wife , the daughter of isabell , the daughter of the said thomas , as in the right of the said anne is restored to all the hereditaments of the said thomas . alice countesse of salisbury daughter to thomas montague late earl of salisbury , son of the said iohn , is restored to all the herediments of the said iohn . at the petition of iames strangewaies knight , richard his son , and heir to elizabeth the late wife of the said iames , daughter , and one of the heirs to philip late lord dacre , of iohn conyers , and margery his wife , and other of the daughters , and heirs of the said philip , they are restored to the mannors of gastonashe , casterling , lowthe , and dunmore with the appurtenances in ireland . it was enacted , that if dame ap iean , ap anceon , & other welshmen did not by a day deliver up the castle of hardelaghe in wales , and yield themselves to the kings subjection , that then they should be taken as traytors . thomas lomley knight , son to iohn , son to ralph lomley knight , is restored to all the hereditaments of the said ralph , and the judgement made against the said ralph , in . h. . made void . on monday the twenty first of december , the commons being there , the king by his own mouth made a pithie , and short oration , as followeth . james strangewaies , and ye that be come from the commons of this my land , for the true hearts , and tender consideration they have had to my right and title , that i , and my ancestors have had to the crown of this realm , the which from us hath been long time withheld , and now ( thanked be almighty god , of whose grace groweth all victory ) by your true hearts , and great assistance , i am restored to that , that is my right and title ; wherefore i thank you as heartily as i can , and for the tender and true hearts ye have shewed unto me , in that ye have tenderly had in remembrance , the correction of the horrible murder , and cruell death of my lord and father , my brother rutland , and my cosen of salisbury , and others ; and i thank you right heartily , and i shall be unto you by the grace of almighty god , as good and gracious a sovereign lord , as ever was any my noble progenitors to their subjects and liegemen : and for the faithfull and loving hearts , and also the great labour that you have born , and sustained towards me in the recovering of my right , and title , which i now possesse , i thank god with all my heart , and if i had any better to reward you withall then my body , you should have it , the which shall alwayes be ready for your defence , neither sparing , nor letting for no jeopardy ; praying you also of your hearty assistance , and continuance , as i shall be unto you very righteous , and loving liege lord. after this , the chancellor by the kings commandement , prorogued the parliament from the same day , untill the sixth day of may , then ensuing . at which time the king caused to be proclaimed certain articles against giving of liveries , maintenancies , robberies , and murders , all , and every of which , the bishops , and lords by their hands have promised to perform . anno secundo edwardi quarti . the sixth day of may , for that the king could not attend to be there , thomas archbishop of canterbury , by the kings letters patents dissolved the same parliament . petitions of the commons , with their answers . the print touching letters patents , and other judiciall matters , passed by h. . h. . and h. . and in their times agreeth with the record . the print touching indictments , in sheriffs tournes , and leets , cap. . agreeth with the record . that enquiry may be made through all counties of the realm , of the whole profits of the same , so as all sheriffs may be charged according to the return , and no further . the king will be advised . anno tertio edwardi quarti . rex , &c. dilecto , & fideli ricardo com. warr. apud westm. vicesimo nono die aprilis . teste apud westm. vicesimo octavo die februarii . willielmo com. arundell . hen. com. de essex . johan . com. wigorum . radulpho com. westmerland . edward . gray de ruthine chlr. georgio latimer chlr. jacobo berckley chlr. radulpho de graystock chlr. johanni beauchamp . johanni de audley chlr. tho. le scroop de masham . johanni le scroop de bolton chlr. johanni domino de clynton chlr. johanni de lovell chlr. edwardo de bergavenny chlr. edwardo brook de cobham chlr. reginal . gray de wilton chlr. willielmo bourchier de fitz-warrin chlr. hen. bromfleet domino de vessey chlr. radul . boteler de sudley chlr. johanni sutton de dudley chlr. willielm . fines domino de say chlr. richardo fines domino de dacre chlr. johanni nevill de mountague . willielmo hastings chlr. hen. stafford de south chlr. will. domino herberd chlr. waltero devereux domino de ferrariis chlr. johanni wenlock de wenlock . ricardo woodvill domino de rivers chlr. anthonio vvoodvill dom. de scales . tho. domino standley chlr. roberto ogle domino de ogle chlr. tho. domino lumley chlr. humfrido domino cromwell chlr. johanni bourchier domino de barnes chlr. vvillielmo zouch de harringworth chlr. ricardo vvelles de vvilloughbie chlr. hen. fitz-hugh chlr. hen. gray chlr. ricardo vvest chlr. aequites aurati omnes praeter dominum scales . the parliament holden at westminster the twenty ninth day of april , in the third year of the reign of king edward the fourth . in the presence of the king , sitting in the chair of estate in the chamber de pinct . in the palace of westminster , and of the lords and commons , george bishop of exeter , and chancellor of england , made a notable declaration of the summons of the parliament . after which he willed the commons to choose their speaker , and the next day to present him to the king. receivers of petitions for england , ireland , wales , and scotland . receivers of petitions for gascoyne , and other places beyond the seas , and of the isles . tryers of petitions for england , &c. as above . tryers of petitions for gascoyne , &c. as above . the second day of the parliament certain of the commons declared unto the lords that they had chosen their speaker . the third day of the parliament , the commons presented to the king iohn say esquire to be their speaker , whose excuse being rejected , he with the common protestation was received . the commons , by assent of the bishops and lords , grant to the king in aid l. to be levied in the counties , cities , and towns , according to a rate there . the th day of iune , in the presence of the king , lords , and commons , the chancellor , by the kings commandement , gave thanks to the commons for their aid granted , and prorogued the parliament from the same day , unto the fourth of november then ensuing at westminster . the th of november , thomas archbishop of canterbury , the kings cozen , by the kings letters patents , held and continued the parliament . the same th day of november , the king of his meer grace released unto the commons l. parcel of the aforesaid grant , tit . . whereupon it is enacted , that l. shall be levyed in manner of a fifteen , and be called by the same name of a fifteen . the same fourth day the chancellor , on the kings behalf , and of his said lieutenant , adjourned the said parliament from the said day unto the twentieth of february then ensuing , at the city of york . the twentieth day of february , at york , in the presence of the lords and commons , william bishop of lincoln , by the commandement of william archbishop of york the kings commissary , by letters patents held the same parliament , and adjourned the same over , from the said day unto the first day of may then ensuing at york aforesaid . the cause of the said prorogation was , for that the king was enforced to goe in person to gloucester , for the repressing of conspiracies and rebellions against him . anno quarto edwardi quarti . the same first day of may , the lords and commons being assembled in the great hall within the palace of the archbishop of york , certain of the kings letters patents made unto richard earl of warwick , and of salisbury , were read , which authorized the said earl to hold and continue the said parliament from the said day unto the twenty fifth of november then ensuing , at york . after the reading whereof , the abbot of fountaines , thereunto appointed by the kings privy seal , prorogued the same accordingly . the cause hereof was , that the king was busily occupied in the marches of the north for the repressing of rebels , and defence of a forein invasion . the twenty fifth of novemb. in the fourth year of the king in the hall of the said archbishop of york , the king by like letters patents made to the said earl of warwick and salisbury , for holding and proroguing the said parliament from the same day unto the twenty sixth day of ianuary then ensuing at westminster read , after which the abbot of st. maries of york , by the kings appointment , declared , and prorogued the same accordingly . petitions of the commons , with their answers . a large act touching the true making of broad cloaths , and touching all particular working , and officers belonging thereto , very necessary , although the same be not printed , for that in the same year the same was repealed . the print touching the shipping of woolls , cap. . agreeth with the record . the print , that no corn shall be brought into the land , cap. . agreeth with the record . white wheat was sold at s. . d. the quarter . the print touching apparell , cap. . agreeth with the record . the print touching silk-women , cap. . agreeth with the record . the print touching artificers , and handicrafts men , cap. . agreeth with the record . acts and ordinances made the . day of ianuary , anno quarto edwardi quarti . the commons , by assent of the bishops and lords , granted to the king the subsidies hereafter , for , and during his life , viz. tonnage and poundage of every english merchant for every sack of wooll s. d. of every wooll-fells s. d. and of every last of hides , l. s. d. of every merchant stranger , as well denizen as otherwise , for every sack of wooll l. s. d. of every last of hides , l. s. d. of every wooll-fells , l. s. d. a provision , that the town of callice and the souldiers there may be victualled and payed with part of the said subsidies , according to a rate there . that the treasurer of callice doe yearly accompt in the exchequer , on a pain , that the said treasurer for the time being , may dispose of all offices of accompt in callice , or the marches of the same , to what person him liketh , to hold the same at the kings will. two particular provisions are therein ; the one for the dean of st. martins le grange in london , the other for the easterlings . the attainders of certain persons , as hereafter do ensue . of henry beauford late duke of somerset , for rearing of war against the king , and joyning with h. . at the battel of epham in the county of northumberland , the . day of may last . of ralph percie knight , for rendring the kings castles of bambourg and dunstamburgh unto h. . and for rearing the warr against the king at heggelamore in northumberland , on the feast day of st. mark last past . of humphrey nevil knight , for taking part with the said h. . at bamburgh , the first day of april last past . of henry bellingham , and thomas phillips knights , and many other esquires , gentlemen , and yeomen , for taking part with the said king henry the sixth at bamburgh , the last day of may last past . of edmond beaufort , and iohn beaufort , brethren and of the said henry duke of somerset , william carie , alias caree knight , and others , for adhering unto margaret late queen of england . of william stocke of warrington in the county of northampton knight , and sundry other esquires , gentlemen , and yeomen , for adhering unto the said h. . unto all which the king had granted pardon in anno primo . and of david ap iean ap eynean , and other welshmen , for keeping of the castle of hardlough in wales against the king. it is enacted , that the attainders of the said duke of somerset , humfrey nevil , and henry bellingham , made in anno . shall stand , and that the restitutions to them made shall be voyd . the attainders of ralph fercy and others . that proclamation be made against thomas phillips , edmond beaufort , iohn beaufort , william carie , alias caree knights , and others to yield themselves to the kings grace by a day , or else to stand attainted of treason , and to incurr the pains of the same . an act of resumption , whereby the king taketh into his hands all manner of hereditaments of his crown , principality of wales , dutchies of cornwall and lancaster , and earldom of chester , from the feast of the purification of our lady last before , in such sort as he had , or ought to have had the same the th of march in the first year of his reign , any letters patents to grant or the contrary notwithstanding . that all grants , leases , &c. made by the king before the said feast , of any of the hereditaments of his dutchy of york , or earldom of march , be also void ; whereunto are annexed sundry provisions . an infinite number of particular provisions . henry , the son of philip wentworth knight , is restored in bloud to the said philip , ( for lands the said philip had none . ) it is enacted , all such gifts and grants as the king shall make of goods and lands to anne his sister , wife to henry duke of exeter , shall be to all intents good in law , to the only use of the said anne , and that she plead , and be impleaded by the name of anne dutchesse of exeter . at the petition of iohn earl of oxford , the statute made anno h. . in affirmance of the statute made anno r. . cap. . against robert de vere earl of oxford , and duke of ireland , is utterly repealed , in which new act of repeal , there are seven provisions , which abridge much the grant . whereas the l. which was due to the mayor and company of the merchants of the staple in callice , the king , by authority of parliament , in contentation of the same , assigneth them to take a yearly rate of the subsidies of wooll , untill payment had . a long confirmation made unto the abbesse of sion of their erection , and of all their particular hereditaments . the words of the creation of● the dutchy of cornwall , and annexing of the same to the crown by parliament , anno e. . therein also is a general provision , and one particular provision , viz. that the mayor of london in succession , shall have the search , view , and correction of the river of thames . a long confirmation made to the mayor and commonalty of plymouth in devon , paying yearly to the prior of plymouth , l. s. d. of fee-farm , the said prior having also further prerogatives in the said town . petitions of the commons , with their answers . the print touching making of clothes , cap. . agreeth with the record , the same is remembred before , tit . the print for shipping of merchandize of staple , cap. . agreeth with the record . the print for shipping of wool●s at newcastle , cap. . agreeth with the record . the print for buying of wools , cap. . agreeth with the record . the print touching merchandise of the dutchie of burgundie , cap. . agreeth with the record . the print touching suerties found to customers , and comptrollers , cap. . agreeth with the record . the print touching cordwayners , cap. . agreeth with the record . the print touching horners , cap. . agreeth with the record . the print touching paten-makers , cap. . agreeth with the record . the print touching passengers from dover to callice , cap. . agreeth with the record , &c. the like motion , and answer as anno e. . tit . . that the statute made anno e. . touching free passing of boats in rivers , may be observed ; and that no person do interrupt any mans passage upon , or by the river of severn . the king will be advised . anno septimo edwardi quarti . rex , &c. charissimo fratri suo georgio duci clarentiae salut . apud westm. tertio die iulii . teste rege apud westm. vigesimo octavo die februarii . iohanni duci norfolciae . johanni duci suffolciae . ricardo com. warr. & sarum . ricardo com. rivers . willielmo com. arundel . edwardo tibetot com. wigorum . radulpho com. vvestmerland . johanni com. northumb. johan . nevil com. northampton , qui postea factus . marchio montiacuto chlr. radulpho graystock chlr. anthonio de scales . georgio latimer chlr. jacobo berckley chlr. tho. de scroope de masham chlr. johanni beauchamp de beauchamp chlr. johanni de audley chlr. edwardo nevil de bergavenny chlr. johanni sutton de dudley chlr. reginal . gray de wilton chlr. willielmo bourchier de fitz-warrin chlr. hen. fitz-hugh chlr. johanni strange chlr. vvillielmo zouch de harringworth chlr. hen. gray chlr. ricardo vvest chlr. willielmo hastings de hastings chlr. waltero devereux de ferres . hen. bromfleet de vessey chlr. humf. stafford de southwick chlr. johanni scroop de bolton chlr. radulpho boteler de sudley chlr. willielm . fines de say chlr. richardo fines de da●re chlr. roberto ogle chlr. will. herbert chlr. tho. lumley de lumley chlr. humfrido cromwell chlr. tho. stanley de stanley chlr. johanni wenlock de wenlock . chlr. ricardo vvelles de vvilloughbie chlr. johanni bourchier de barnes chlr. waltero blunt de mountioy chlr. equites aurati omnes . the parliament holden at westminster the third of iuly in the seventh year of king edward the fourth . in the presence of the king , sitting in his chair of state in the chamber de pinct . in the palace of westminster , and of the lords and commons , william bishop of lincoln , in the absence of george archbishop of york , chancellor of england , by the kings commandement , declared the cause of the summons of the same parliament . after which he willed the commons to choose , and next day to present their speaker to the king. receivers of petitions for england , ireland , wales , and scotland . receivers of petitions for gascoyne , and other places beyond the seas , and of the isles . tryers of petitions for england , &c. as above . tryers of petitions for gascoyne , &c. as above . the third day of the parliament , the commons declared to the lords , how they had chosen sir iohn say knight to be their speaker . the fourth day of the parliament the commons presented unto the king the same sir iohn , whose excuse refused , he with the common protestation was allowed . after which , the king with his own mouth , made an oration to the commons in effect following , that he meant to live upon his own , without charging them ; wherein he required their help , and promised requital in good governance . the like act of resumption as was made in the last parliament , tit . . to enjoy the same from the feast of easter last before , and that the king should also enjoy for ever all such herediments , as richard duke of york had the th day of december in anno h. . any grant to the contrary notwithstanding , wherein are contained an infinite number of provisions . in consideration of l. due by the king to the mayor , and company of staplers of callice , the king for . yeares and a half granted unto the same mayor all and singular the customs and subsidies going out of the same port , and all the kings revenues in callice , and the marches of the same , for the said term , they allowing yearly a certain in summ for the souldiers wages , and maintenance of the works , and that by letters patents . upon the surrender of the letters patents made to thomas blunt esquire , treasurer of callice , the king for . years and a half by his letters patents appointed iohn tuske , mayor of the staple , to be treasurer of callice . ralph wolsey esquire , victualler of callice , surrendreth to the king his letters patents ; whereupon the king , for the term aforesaid , appointed the said iohn to be victualler there . all which three grants are by common consent confirmed with certain-provisions . thomas tresham knight , is restored to his hereditaments , and his attainder made in anno e. . made void . richard welles lord willoughby , son and heir of leonard wells lord willoughby , is restored in bloud to the said lord leonard , and to all the hereditaments of the said lord leonard , notwithstanding the attainder made against the said leonard in anno e. . the fifth day of iuly , robert bishop of bath and wells , and chancellor of england , by the kings commandement , in the presence of the king , lords , and commons , answered to certain requests of the commons , and first thanked them for the statute of resumption , ascertained them , that the king had provided for callice , had the like care for ireland , and wales ; and further , that the king desired the execution of the laws . after which , by the kings commandement , he also prorogued the parliament from the said day and place to the th day of november then ensuing at reding . the sixth day of november at reding , the same chancellor by the kings commandement , and in the presence of the king , lords and commons prorogued the same parliament , from the same day unto the sixth day of may then ensuing at reding aforesaid . anno octavo edwardi quarti . the same chancellor the sixth day of may , in the eighth year of the king , at reding , in the presence of the king , sitting in the chair of estate , in the chamber within the abbey there , and of the lords , and commons , there by the kings commandement , adjourned the parliament from that day unto the twelfth day of may then ensuing , at westminster . petitions of the commons , with their answers . the print touching the making of worsteed , cap. . agreeth with the record . that every justice of peace may let to bayl any arrested for suspition of felony , returning their recognizance therefore taken at the next generall gaole delivery , and that the justices of the peace may passe upon the tryall of such as become approvers . the king will be advised . the print touching cloaths made within certain hundreds in devonshire , cap. . agreeth with the record . the print touching woollen yarnes , and cloaths unfulled , not to be transported , cap. . agreeth with the record . it is enacted , that a clause granted among other things by the king , and other his progenitors , to the mayor , and citizens of london , viz. for the apprehending of such felons , as should haunt to london , and committing of them to newgate , shall be void . the seventeenth day of may , in the presence of the king , then sitting in the chair of estate at westminster , and of the lords and commons , the chancellor made an eloquent oration , beginning with justice , shewing the effects of the same . he then declared the three estates to comprehend the governance of this land , the preheminence whereof was to the king as chief , the second to the lords and bishops , and the third to the commons . he then remembreth in what estate the king found the crown , viz. dispoyled of the due inheritance , wasted in the treasure , the laws wracked , and the whole estate by usurpation in a manner subver●ed , besides how the crown of france was lost , the dutchies of normandy , gascoyne , and guienne , the ancient patrimony of the crown also lost , and further how he found warr with denmark , pain , scotland , and britain , and other parts , yea , and with the old enemy of france . he then descending , sheweth , how the king had appeased all tumults within the realm , and planted inward peace , so as law , and justice might be extended ; now the king had taken peace with scotland , how lord winters entred into league with spain , and denmark , so as entercourses between them now should be . yea , and what was the greatest , how he had allyed himself with the dukes of burgundy , and britanie , two most mighty princes , in such wise , as they had assured the king of their uttermost against the french , for the recovery of france , and other the kings patrimonies , whereof as they made little doubt , so the king thought not good to omit such an opportunity , yea such as never the like was . wherefore that the king might have this realm in such honour as others his progenitors had , he was ready to adventure himself , for which he had called them , and therefore prayeth their advise . the commons by assent of the bishops , and lords , granted unto the king two desmes and two fifteens , to be levyed of the layity , except l. to be thereof deducted to the relief of the most poor towns. it is enacted , that the kings letters patents hereafter ensuing made to queen elizabeth of her dower , shall be good , and that the queen be by that name personable to plead , and be impleaded , that parcell of her dower assigned by the kings letters patents under the seal of the dutchy of lancaster be good , albeit there be no livery and ●ei●●n delivered upon the same , wherein are certain provisions . the letters patents , and names of the mannors , and other hereditaments assigned unto the said queen passed under the great seal . the letters patents passed under the seal of the dutchy of lancaster , with a letter of attorney therein to deliver seisin . in consideration of l. payed in part of payment of a greater summe due by the king to charles duke of burgundy for marriage between the said duke , and margaret his sister , and payed by the mayor and company of the staplers , the king by his letters patents granteth , that they shall be payed the same of the subsedy of wools , the which letters patents are by common consent confirmed . petitions of the commons , with their answers . the print touching set cloaths , cap. . agreeth with the record . the like statute is required as passed , in an. . e. , tit . . the king will be advised . the print touching juries in middlesex , cap. . agreeth with the record . the print touching sheriffs agreeth with the record . the like motion and answer , as in anno . e. . tit . . that all such as shall rob any church of any pax , coap , granel , masse-book , or any other trinket of the church , wherof the whole rabble is named , may be deemed a traytor , and be burned therefore ; that all such persons be deprived of the benefit of their clergy , and that the appeal for the restitution may also lye , and that all justices may enquire thereof . by the preamble of these motions , it seemeth that this bill was made against the lollards . the king will be advised . the print touching liveries of companies , cap. . agreeth with the record . upon complaint made against hugh brice , keeper of the kings exchange within the tower , certain of the lords and commons are appointed to hear the same . the particular accompt of the said brice , with the rates by him taken , answering the complaint . tenor hujus schedulae schedularum sequitur in his verbis . whereas george allegeth , that i take of every noble a half-peny , contrary to the kings proclamation ; i answer , that the proclamation is this , that every man that bringeth a noble of just poise to the kings exchange , should have s. . d. ob . and so the kings intent is to have of every noble but a half-peny only : the proclamation is long , and must have leasure , and in case the truth should be proved , the which to your wisdoms shall plainly appear , it must be proved by indifferent persons : wherefore if it please you to give me reasonable leisure , i shall prove , that i have not offended the kings intent contained in the said proclamation , ●e hurt no other person that ought to take any avail by the same . also , whereas divers of my masters of this house think that my confession of the . d. ob . should condemn my self , i will prove sufficiently afore your worships , that i ought to have the said d. ob . by reason of my farm , as the kings proper goods belonging to his crown , without any wrong done to any person in taking of the same ; the premisses considered , i beseech you all my masters , to take such directions as shall accord with gods pleasure , worship to all , and as the truth may be best known . tenor alterius schedulae schedularum praedictarum sequitur in his verbis . memorandum , that there was changed in the kings exchange , as it appeareth by the books of the said exchange in the tower , from september anno quinto , unto the feast of michael anno sexto in gold , old nobles by weight , whereof he retained of every such noble above-written , by way of emption for the kings farm , and for my costs , charges and weights , d. summa l. s. d. item , there was changed at the exchange in the year and time aforesaid , as it appeareth by the said book , in silver , l. troy ; whereof is retained of every pound above-written , by way of emption , and for my costs , charges , and wages , d. ob . summa l. s. d. ob . summe total retained of the parcells aforesaid , in the exchange at london . l. s. d. ob . whereof paid to the king our soveraign lord for the time abovesaid . l. and so remaineth with me for my costs , charges , and wages . l. s. d. ob . memorandum , that there was changed in the said exchange , from the feast of st. michael in anno sexto , unto michaelmas anno septimo ; that is to say old nobles by weight , whereof was retained of every such noble above-written , by way of emption for the kings farm , and for my costs , charges , and wages , d. summa l. s. d. item , in exchange for silver the said year l. s. d. summe total retained of the two parcels aforesaid , in the kings exchange in london , l. s. d. whereof was payed to the king our soveraign lord for that year . l. and so remaineth with me for my costs , charges , and wages . l. s. d. memorand . that there was changed in the kings exchange in london , as appeareth by the books of the exchange , and tower , from the feast of st. michael in anno septimo , unto the feast of easter following in anno octavo ; that is to say in gold nobles by weight ; whereof was retained of every such noble above-written , by way of exemption for the kings farm , and for my costs , charges , and wages , d. summa l. s. summe total retained of the parcels aforesaid , in the kings exchange in london . l. s. whereof paid to the king our soveraign lord for the time above-said . l. and so remaineth with me for my costs , charges , and wages , for me , and my servants . l. s. it is to be known , that i received gold and silver in the tower by weight , and delivered it again by the same weight ; therefore taking the kings coin according to his indenture , without any profit to me or any of mine , as i will in this and all the points aforesaid be reported by all merchants bringing gold or silver to the tower or exchange , and also by the warden , and comptroller , and other masters of the mint . anno nono edwardi quarti . rex , &c. charissimo frati suo georgio duci clarentiae &c. apud eborum vicesimo secundo die septembris , anno nono edwardi quarti . ricardo duci gloucest . johanni duci norfolciae . johanni duci suffolciae . ricardo com. warr. & sarum . hen. com. essex . willielmo com. arundel . johanni com. salopiae . edwardo com. cantiae . radulpho com. vvestmerland . johanni com. northumb. johan . com. oxoniae . radulpho graystock chlr. georgio latimer chlr. johanni bernes chlr. tho. le scroope de masham chlr. johanni beauchamp de beauchamp . edwardo de nevil de bergavenny chlr. reginal . gray de wilton . willielmo bourchier de fitz-warrin chlr. waltero blunt de mountjoy . johanni strange chlr. hen. gray chlr. ricardo vvest chlr. johanni denham de cary chlr. vvill. hastings de hastings . vvaltero devereux de ferris chlr. johanni le scroop de bolton . radul . boteler de sudley chlr. hen. fitz-hugh chlr. vvillielmo fenis de say chlr. ricardo fenis de dacre chlr. roberto ogle chlr. tho. lumley chlr. humf. bourchier de cromwell chlr. tho. de stanley chlr. johanni wenlock de vvenlock chlr. ricardo vvelles de vvilloughbie chlr. vvillielmo sturton de sturton chlr. vvillielmo lovell de morley . milites omnes praeter morley . anno duodecimo edwardi quarti . rex , &c. charissimo fratri suo georgio duci clarentiae , &c. apud westm. sexto die octobris . teste apud westm. decimo nono die augusti . ricardo duci gloucest . johanni duci norfolciae . johanni duci suffolciae . vvillielmo com. arundell . hen. com. essex . edwardo com. cantii . radulpho com. vvestmerland . hen. com. northumb. anth. com. rivers . johanni com. salopiae . johanni com. vvilts . radulpho graystock chlr. t●o . le scroop de masham chlr. johanni beauchamp de beauchamp chlr. johanni de audley chlr. edwardo nevill de bergavenny chlr. reginaldo gray de vvilton . johanni strange chlr. hen. gray chlr. johanni howard chlr. ricardo west chlr. vvaltero devereux de ferrars chlr. johan . le scroop de bolton chlr. radul . buteler de sudley chlr. tho. lumley de lumley chlr. tho. stanley de stanley chlr. radulpho fenis de dacre chlr. johan . brook de cobham chlr. vvaltero blunt de mountjoy chlr. vvill. sturton de sturton chlr. johanni bourchier de bernes chlr. fulconi bourchier de fitz-warrin chlr. johanni sutton de dudley chlr. vvillielm . hastings de hastings chlr. vvillielmo berkley chlr. johanni denham de cary denham . milites omnes except . denham . the parliament holden at westminster the sixth day of october , in the twelfth year of the reign of king edward the fourth . in the presence of the king , sitting in the chair of state , in the chamber de pinct . within the palace at westminster , and of the lords , and commons , robert bishop of bath and welles , chancellor of england , made a notable declaration of the summons of the parliament , after which he willed the commons to choose , and the next day to present to the king their speaker . receivers of petitions for england , ireland , wales , and scotland . receivers of petitions for gascoyne , and other places beyond the seas , and of the isles . tryers of petitions for england , &c. as above . tryers of petitions for gascoyne , &c. as above . the second day of the parliament , the commons declared to the lords , that they had chosen their speaker . the fourth day of the parliament , the commons presented to the king william allington esquire to be their speaker , whose excuse refused , he with the common protestation was allowed . the last day of november , the commons grant to the king archers , to serve the king at their costs , for one year , the same to be levyed out of all mens lands , according to a proportion . the lords spirituall and temporall by themselves , grant unto the king , towards the furniture aforesaid , the tenth part of one whole yeares revenue , of all and singular their possessions . the commons by a long protestation require , that the statute made against ryots , maintenance , oppressions , and for labourers may be executed . the same day , by the kings commandement , the bishop of rochester , after thanks giving to the commons for their grant , doth prorogue the parliament from the same day , unto the eighth of february then ensuing , at westminster . the king by letters patents , createth edward his first begotten son , prince of wales , and earl of chester , the which is confirmed by common consent . the king by other letters patents granteth unto the said prince the hereditaments belonging to the said principality , and earldome . the king by other letters patents , delivereth to the said prince the dutchy of cornwall , with the whole appurtenances , all which grants are confirmed by assent of parliament , with sundry provisions . henry percie knight , son , and heir to henry percie late lord of northumberland , is restored in bloud to the said earldome , and to all such hereditaments of the same earl as came to the kings hands , the second day of march , in ann. . e. . and the attainder made against the said earl , an. . e. . tit . . is made void . the attainder made against william grinsby esq in an. . e. . is made void , and he restored . robert talbois esq son , and heir to william talbois knight , is restored to the bloud , and lands of the said william , and the attainder of the said william , an. . e. . tit . . is made void . george brown knight , son of tho. brown of london , is likewise restored as heir of the said thomas , notwithstanding any attainder made against the said george by verdict , an. . h. . robert bulling gentleman , is restored , and the attainder an. . e. . is made void . ●homas maidwell , son , and heir of iohn maidwell of kirton in lindsey in the county of lincoln gent. is restored to bloud , and lands of the said iohn maidwell , and the attainder had against him the said iohn , an. . e. . made void . edmond cornwall , son , and heir to thomas cornwall , is restored as above , and the attainder had against the said thomas , an. . e. . is made void . the like restitution of bloud , and lands , is made to everard digbie , son , and heir of everard digby , late of stockdry in rutland , esq and the attainder had against the father , an. . e. . is made void . it is enacted , that william lord berckley , and ioan his wife , and the heirs of the sad william , shall peaceably enjoy the mannor , and burrough of wotton under egg , the mannor of symond hall , and erlingham , with their appurtenances in the county of gloucester , against margaret viscountesse lisle , late the wife of thomas talbot late viscount lisle , paying yearly to the said margaret during her life l. with certain provisions . ralph nevil , son , and heir of iohn nevil knight , late lord nevil , is restored to the bloud , and lands of the said iohn , and the attainder had against the said iohn , an. . e. . is made void , wherein certain provisions are . henry roos knight , is restored in bloud , and lands , and the attainder had against him , an. . e. . is made void . thomas ormond esquire is also restored , and the attainder had against thomas ormond knight , anno e. . is made void . the like restitution is made to ralph makerel clerk , and revocation , as before . iohn verney esquire , son and heir of ralph verney knight , and margaret the wife of the said iohn , daughter and heir of robert whittingham knight , are restored to the bloud and lands of the said robert , and the attainder had against the said robert , anno e. . is made void . william stok is restored , and the attainder had against him in anno e. . made void . iohn skidamore knight , keeper of pembrook castle , is restored to all his hereditaments , and the attainder had against him anno e. . is made void . william cliff of lockington in the county of york yeoman , son and heir of henry cllff , late of the same yeoman , is restored to the bloud and lands of the said henry , and the attainder made against the said henry , anno e. . made void . robert mersine , son and heir of robert mersine of andsworth in the county of kent esquire , is restored to the bloud and lands of his said father , and the attainder had against the said father in anno e. . made void . the attainder of william iasper of london esquire , anno e. . is made void , and he restored . the attainder had against iohn ioskin esquire , anno e. . is made void , and edward his son restored to blood , and lands . the kings release under letters patents in anno . of his reign made to the chancellor and scholars of oxford , of l. yearly , which they used to pay for the issues arising for bread and ale , is confirmed by common consent . ralph ashton knight sheweth , how in a writ of right of ward sued by him against one roger lener , of the keeping of the manor of great lener , with th' appurtenances , in middleton in the county of lancaster , held of the said ralph by knights service , as of his manor of middleton in the county of lancaster , the said ralph recovered the same , and for that the record was imbezelled , the said ralph having nothing but the copie thereof , which is enrolled by word , prayeth that the same copie may be taken for the record , and that upon exemplification of the same under the great seal he may have execution ; the which was granted by full assent . iohan glyn widdow , late the wife of iohn glyn of marvaile in the county of cornwal gent. sheweth , how thomas clemens of leskerd borough in the said county gent. with sundry others there named , most shamefully murdered the said iohn : against all which evil doers , straight order is taken for their punishments , and enacted , that if the said ioane should die , then the children should have the appeal . the like order is taken against robert fernell of newson in the county of york and others , for murdering of richard williamson , at the sute of katherine wife of the said richard. there-assembly of the parliament the th day of february in the year aforesaid at westminster . anno decimo tertio edwardi quarti . the eighth day of april , in the thirteenth year of this king , the commons grant unto the king one fifeeen , and one desm , except l. to be distributed to certain decayed towns. the same day , after thanks given to the commons , the chancellor , by the kings commandement , prorogueth the parliament from the said day to the sixth day of october then ensuing . after which prorogation it is enacted , that upon urgent cause the king moving , the king may at any time before call , and re-assemble the same parliament , sending forth writs dayes before to proclame . it is enacted , that all the money coming of the tenths granted by the lords , tit . . be payed to the treasurer of england . humfrey dacres knight , son of thomas dacres , and brother to randolph , son and heir to the said thomas , of the body of the said thomas begotten , is restored to bloud and land , notwithstanding the severall attainders had against the said randolph and humfrey , the which are made void . a provision for richard fennis knight , and ioane his wife , and the heirs of the said ioane . sundry intayls of many manors , as well to the lord dacre the heir male , as to fennis the heir general , are confirmed , wherein also is to be noted a pedegree for the line of the lord dacre . a restitution to iohn naylor of london esquire , as well of bloud , as of lands , and the attainder had against him , anno e. . made void . all letters patents made to thomas lord stanley are affirmed to be good , notwithstanding the creation , or any letters patents made to the prince of wales , duke of cornwall , and earl of chester ; an exception also of the milnes of lordlamas , and kennocogh in the lordship of beaumaris , and of all the lands late richard knightlyes in the said lordship . the like confirmation is made to roger kenaston knight , for the keeping of the castle of hardlagh . roger heron esquire , son and heir of iohn heron knight , is restored in blood and lands to the said iohn , and the attainder had against the said iohn , anno e. . made void . richard tunstall knight is restored , and the attainder had against him , anno e. . made void . the king , by authority of parliament , confirmeth to the dean of new college at leicester in succession the manor of southorpe called fillibertscourt in glouc. and the manor of southorpe called grayes court , with other lands in southorpe , the which premises king edw. the . gave to william harvey , and mary his wife in especial tayl . an order taken for the principal streets in gloucester . the king , by assent , pardoneth to iohn duke of norfolk , and all other his officers of the kings bench in southwark , the breach of the said prison made at michaelmas in the tenth year of king e. . by certain misdoers unknown , and the taking out of the prisoners , to the number of an hundred by name , laid in for sundry offences . robert fennell of neusome , mentioned before , tit . . being laid in newgate without bail or mainprize , prayeth , that the chancellor upon a corpus cum causa , may let him to bayl ; the which is granted . a long complaint of iohn ashton of holley in the county of york knight , for imprisoning of the said iohn by iohn mayfield of pontefract esquire , and others ; against all whom straight order is taken , for causing them to answer thereunto . where thomas tretway of reskenny in the county of cornwall esquire , and many others within named , upon a complaint of riot by one iohn vivian , exhibited for riots surmised to be done by the said thomas , and others , for want of answering thereunto stood attainted of felony by order of parliament , upon whose petitions the said attainders have been revoked . in consideration of l. due by the king to the mayor and merchants of the staple , the king by a long act granteth to them a fifteen ; as anno e. . tit . . in a roll entituled anno decimo quarto , where indeed the same was anno decimo tertio . the re-assembly of the parliament prorogued unto the sixth day of october , in anno . and from the same continued from day to day , to the thirteenth of december then ensuing . the hostility and contention which was between the king and the merchants of england of the one part , and the duke of hauns , or the stilliards of the other part , from the . day of november in anno e. . unto the . day of september in anno e. . are utterly appeased , so as every merchant of either part to the said . day , may lawfully require of the other part his own , and a free intercourse between those countries and merchants , for ever to be had . to which end the king by his letters patents , confirmeth to the said merchants of the stilliard their old liberties granted to all merchant strangers , of every country by name , by king e. . but after granted by especiall name to the merchants of the stilliard by e. . wherein is to be seen their customes rated , and the kings grant not to 〈◊〉 the same ; all which by act of parliament is confirmed . iohn fortescue knight , is restored to bloud and lands , and the attainder had against him an. . e. . made void . william shetford , cousin and heir to ioan one of the sisters and heirs of william burnen knight , complaineth , that he was wrongfully disseised of and in the moity of the mannor of treycorn , hamet , donebant , deliow , doyl , wenell , delydowbolin , deliem , carbolyn , and lamlyn , with the appurtenances in cornwall , by thomas bodnegate , cousin and heir to alice the other sister , and heires to the said william , and that the premisses were assured to elizabeth the wife of iohn welles for life , sometime the wife of the said thomas , at whose petition power is given to the chancellor , and two justices to end the same . an act of resumption , for the king to take all the hereditaments of the crown , dutchies of lancaster , and york , from the feast of st. thomas in anno dom. , whereof the king was seized the fourth day of march , an. . e. . or which came to the kings hand at any time since , by attainder , or otherwise . a speciall commission given to the chancellor of the dutchy of lancaster , for assuring the payment of certain of the kings debts granted out of the same dutchy , and to passe under the seal of the said dutchy . a number of provisions , and namely one , that the same should not prejudice the corporation , union , and annexion of the dutchy of lancaster , and county palatine , nor the officers , or tenants of the same . in this time was thomas bourchier a cardinall , and archbishop of canterbury . at this time was iohn howard knight , lord howard . at this time was sir ralph verney knight , citizen , and alderman of london . a provision for iohn blackhead . a provision for vvilliam hattclyffe the kings secretary . we must not forget a provision for mother cobb midwife to elizabeth the kings best beloved wife queen of england . a provision for liberties granted to certain towns in the isle of haxling in the county of southampton , in an. . e. . the fourteenth day of december , in the thirteenth year , the bishop of duresm , chancellor of england , in the presence of the king , lords , and commons , after thanks giving on the kings behalf to every estate , by the kings commandement , prorogued the parliament unto the twentieth day of ianuary then ensuing , at vvestminster . the re-assumption of the parliament the twentieth day of ianuary aforesaid , and continuance of the same to the first day of february then ensuing . the said first day of february , in the presence of the king sitting in the chair of estate , the lords and commons , the bishop of duresm chancellor , remembred the commons , that the same assembly was for consultation , how the king might proceed in the warrs ; and for that they heard nothing from his brother of burgundy , whereon he much depended , he by the kings commandment prorogued the parliament from the said day , unto the ninth of may then ensuing . anno decimo quarto edwardi quarti . the re-assumption of the parliament the ninth day of may , and so continued unto the twenty eighth day of may then ensuing . the king by the common consent , granteth that george duke of clarence , and isabel his wife , and richard duke of gloucester , and anne his wife , daughter and heir to richard nevill late earl of warwick , and daughters and heirs apparent to anne countesse of warwick , shall enjoy to them , and to the heirs of their said wives , all the hereditaments belonging to the said anne , in such wise as if the said anne were dead ; and that their said wives should be of bloud to the said anne , and enjoy all benefits accordingly , and the said anne therefore for ever barred . that the said dukes and their wives , and the heirs of their said wives , may make partition of the premisses to be good in law ; and that the said dukes , or either of them , over-living his wife , shall during his life enjoy her property . that all alienations , discontinuances , charges , and incumbrances , suffered by any of the said dukes , or their wives , to debarr the other of their said purparties , to be utterly void . that if the said duke of gloucester be at any time after divorced from the said anne , after newly her mariage , and suffer any such incumbrances , as above , to be void . and further , if the said duke richard , upon such divorce , doth the uttermost to be reconciled during his wifes life , that then after the death of his said wife , he shall enjoy her purparty . a provision that the said dukes , and their wives , might exchange with the king the lordship , manor , and wapentake of chestersield and scurnsdale , with the appurtenances in the same . the effect of the grant made to the mayor and company of staples in anno e. . tit . . is in manner recited , and thereby enacted , that the said mayor , during the said term , shall pay marks for the fees , and rewards of the kings justices , sergeants , and attorneys . a long complaint made by robert billesden , one of the sheriffs of london , and henry newton , one of the sergeants , against robert gibbs a captain , for succouring , and taking away of one thomas bishop grocer of london , being arrested and in the custody of the said henry ; whereupon order was taken , that the said sheriff and henry should be discharged of the rescues aforesaid , and have their remedy against the said gibbs and bishop . the twenty eighth day of may , the bishop of lincoln , chancellor of england , in the presence of the king , and the three estates , prorogued the parliament unto the sixth day of iune then ensuing . the re-assumption of the parliament on the said sixth day of iune , and continuance of the same unto the eighteenth day of iuly then ensuing . thomas daniel of risinge in the county of norfolk esquire , is restored to bloud and lands , and the attainder against him , e. . made void . in a roll entituled the . where the same should be . being a number of the . year . in the parliament begun , and holden at westminster the sixth day of october in anno e. . and by sundry prorogations continued unto the sixth of iune in anno e. . it was enacted , that katherine , the wife of william hastings knight , lord hastings , and before the wife of bonvile late lord harrington the younger , cosin and heir to william lord harrington the elder , and cosin and heir apparent to william before lord bonvile , should for , and during her life , enjoy the manor of chaton , thurle-bare , and mariot in somersetshire , and certain lands in foxill in devonshire , together with the dominion or manor of aldingham , the manor , or castle of gleston , with lands in sundry other counties , to the value of marks , parcel of the inheritance of the said lord bonvile and harrington , and to her assured . and where the said lord harrington , and bonvile the younger , had issue by the said katherine one only daughter called cicill , a mariage should be had , it was accorded , that at the age of . years of the said cicill , a mariage should be had between the said cicill , and thomas the eldest son of the queen , between whom if there were no mutual society , that then the said cicill should marry with richard , the brother of the said thomas . it is also enacted , that the said cicill at the age of . years may assure all her hereditaments to the said thomas and richard , for , and during their lives , as aforesaid . iohn bazin , cosin and heir of iohn florey knight , of cloford in the county of somerset , is restored to bloud and lands of the said iohn florey , and the attainder of the said florey anno e. . made void . thomas lyteley of london , grocer , is restored to bloud and lands , and his attainder , anno e. . made void . richard welby , and william dunthorne , town-clerks of london , executors to william haddon draper of london , complain against thomas marsh , and iames finch shereman of london , for cautelous conveying of their goods and lands , to defraud their creditors , to whom remedy is granted , that the said debtors should answer to the law upon proclamation . the eighteenth day of iuly , the commons grant to the king one desm , and one fifteen , and l. s. d. ob . q. in full payment of the wages for archers granted before , towards the payment whereof every county , city , and town is severally taxed . the grant is very long . the same eighteenth day , thomas bishop of lincoln , chancellor of england , by the kings commandement , prorogued the parliament unto the three and twentieth day of february then ensuing , at westminster . the re-assumption of the parliament , the said three and twentieth day of february , anno e. . an ordinance for the speedy levying of the tenth of all revenues , and profits granted to the king , anno e. . an act for feoffment to thomas archbishop of canterbury , and to sundry others , of sundry the hereditaments of the dutchy of lancaster , to the performance of the kings last will and testament . it is enacted , that all the officers and governours of the said dutchie , shall continue the exercise of their said offices , as before the making thereof . it is also enacted , that all leases , and demises , grants , offices , fees , annuities , presentations , and advowsons , be made from henceforth during the life of the king in his own name , by warrant from his highnesse , and under his seal of the dutchy , now being the seal therof , as it hath been used and accustomed in times past . it is also enacted , that from henceforth all leases , as above , shall be made by the said archbishop , and others , or the longest liver of them , by warrant , and under the seal of the said dutchy . the house called the style-house , otherwise the stilliard , in the parish of alhallows in london , is by authority of parliament assigned to the merchants of the hauns , and to their successors for ever , together with other tenements to the same belonging , yielding yearly to the mayor of london l. and other rents to others . at the petition of richard duke of gloucester , the king , spareth the attainting of iohn nevil , late marquesse montacute , and by authority of parliament giveth to the said duke , and to the heirs of his body lawfully begotten , sundry honors , baronies , castles , manors , and other hereditaments , which late were richard nevils late earl of warwick . the like estate , by authority of parliament , the king giveth to his brother george duke of clarence , of and in the manors of claveringe , with the appurtenances , in essex , and mantion , or menson , called the harber , and two houses adjoyning thereto in london , which late were the said earles of warwick . in exchange of the manor , and wapentake of chesterfield , and scaruesdale in the county of derby , and of the manor of bushey in hartfordshire allotted to richard duke of gloucester , and anne his wife , cosin and heir of alice countesse of salisbury , viz. one of the daughters and heirs of richard late earl of warwick , son and heir to the said alice , and given to the king in fee , the king giveth to the said duke and anne , and to the said anne in fee , the manor of cottinghem , with the advowson of the same in the county of york , which late belonged to richard late duke of york the kings father , and the castle , and town of scardesburgh , with the fee-farm of the same , and other liberties . a provision , that if any of the premisses given by the king be recovered from the said duke , or anne , or the heirs of the said anne , that then they , or the heirs of the said anne , may re-enter upon the premisses by them sold. where the king by his letters patents in anno . had given to george duke of clarence in especial tail , the manors of stampford , courtney , torbrian , stappleton in the county of devon. haslebury , iwarne , courtney in dorsetshire , kingesden besides ilchester in somersetshire , the king revoketh the same gift , and by authority of parliament giveth the premisses to the said duke in f●e , to hold of the king by knights service : the which gift was made , anno e. . by parliament . where richard duke of gloucester by recovery in the common-pleas in e. . recovered in fee the manor of west thamedon , and feildhouse , and them of inge raulfe , alias ginge railfe , excepted . m●ssuages , . acres of land , . acres of meadow , . acres of wood , and s. d. of rent in the same manor of inge raulfe , against richard fitzlowes esquire ; the king , by assent of parliament , confirmeth the premisses to the said duke , against the heirs of the said fitzlow●s , a general saving for all other rights , except also as aforesaid . in consideration of the charges of iohn duke of norfolk to be spent in the kings service , it is enacted , that the said duke shall , and may make a lease for . years of sundry his manors there to thomas archbishop of canterbury , and others , for the payment of his debts . it is enacted , that iohn audley knight , lord audley , shall have the wardship of iohn audley , son and heir of humfrey audley knight , brother of the said lord , and of ioane his sister , if the said iohn should die , and the custody of certain manors by name in suffolk , which late were the said hnmfreys , until such time as the said lord had received thereof marks , which the said lord payed for the redemption of the said land , to such persons as the king had given the same unto , in consideration of the treasons done by the said humfrey . the th day of ianuary , anno e. . it was enacted , that henry then duke of buchingham , should be to all intents reputed , and taken a person of full age of years . the king , by assent of parliament , confirmeth to the said duke , and to the heirs males of his body lawfully begotten , l. yearly , out of the profits of the counties of bedford and buckingham , according to the letters patents of creation , and grant thereof made to humfrey late duke of buckingham , by h. . m. . in which year of . and many years after , the stile of the earl of warwick was written thus , henricus praecomes regni angliae , et comes warr. the which stile was granted by the kings letters patents , to the said earl , and to his heirs . it is enacted , that if sir galliard dureford knight , of duras , a gascoyne , should die in the service of the king , that then the executors of the said lord for . years next after his decease , should enjoy an annuity of l. yearly granted to the said lord during his life , out of the manor of bollingbrooke , to the performance of his will. sir iohn mannigham of oldford in the county of midd. knight , is restored to the bloud and lands , and an outlary pronounced against him upon an indictment of treason made void . edward ellesmere of london esquire , is restored to bloud and lands , and an attainder against him , anno e. . made void . iohn dacre of essex esquire , convicted as sir iohn manningham , tit . . is likewise restored . where iames earl dowglas was to passe over with the king , to whom the king had granted yearly during his life out of sundry customs , l. it was enacted , that if he the said earl should die within . years , next after his said passage , that then his executors should in three years after , receive out of the customs l. to perform his will. henry bodrugan of cornwal esquire , and thomas bonethon of the same gentleman , being attainted of felony by act of parliament , at the surmise of thomas nevil esquire , for that they the said henry , and thomas bonethon , did not appear and answer at a day certain , according to the order of the parliament , doe sufficiently avoid the same by their petition ; whereupon they are restored , and the said attainder made void . it is to be noted , that the said henry maried margaret viscountesse lisle . the same henry being in like sort attainted at the sute of iohn arundel of talverne in the county of cornwall esquire , iohn peaporse esquire , william cornswiewe esquire , and otrice philip , yeomen of the crown , is restored , as next afore . the complaints against the said henry are long , and the crimes hainous . where h. . annexed the priory of sharborne in southampton , to the college of eaton : it is enacted , that such persons as have the same priory shall yearly ●ind a masse-priest to sing in the said priory , and to pray for the soul of the king , and for the soul of heenport , sometime baron of the exchequer , and founder of the said priory . a long attainder of sundry persons conteined in effect following , namely of richard welles , late of hellow in the county of lincoln knight , robert welles of the same knight , and thomas de leland , of horbling in the said county knight , for levying warr against the king , the twelfth of march , in anno e. . at empingham , in a place called hornfield in the county of rutland . iohn vere , late earl of oxford , late of winhod in the county of essex knight , thomas vere of the same knight , william goldmansion of bomley in essex esquire , robert harleston of sumplinge in suffolk esquire , robert gibbon of wingfield in suffolk esquire , and others , for raising war against the king at barnet field in the county of hartford , on easter-day , anno e. . the attainders of tresham of sywell in northampton knight , robert bainton of farleston in the county of wilts knight , and of iohn delves of uttokesheter in the county of stafford esquire , and divers others , for raising warr against the king at tewkesbury the . of may , anno e. . the forfeiture of all the hereditaments of the persons aforesaid , with provisions for the manor of lilleford in northampton , and the manor of hokington in the county of cumberland , and other savings . the earl of oxford , george vere , and thomas vere , are only pardoned with their lives . sundry provisions , and savings , and namely of all mens rents , and services . and for that richard hastings knight , had maried iane , the daughter and heir of richard wells knight , and the sister and heir of robert wells knight , the king , by authority of parliament , granteth to the said richard hastings knight , for , and during his life , without impeachment of waste , . manors by name in lincoln , with sundry other lands in lanc. . manors in norfolk , one manor in denbigh , one messuage in lincoln , and one mease called the base court , with . tenements , in the parish of st. gyles in london ; all which were lord welles , or robert lord willoughy , or the said richard welles . the king also granteth to the said richard hastings , as is aforesaid , sundry other manors by name , being the hereditaments of the said richard welles , and ll. the pardon made for the earl of oxford , and his brothers , by which it appeareth , that the said earl fortified , and kept st. michaels mount against the king. the commons grant to the king one desm , and one fifteen , and three parts of either of them . the fourteenth day of march , anno e. . after the reading of the grant aforesaid , and of the petitions ensuing , the bishop of lincoln , chancellor of england , on the kings behalf gave thanks to all the estates , and so dissolved the parliament . petitions of the commons , with their answers the print , anno e. . cap. . agreeth with the record . the print touching subsidies , cap. . agreeth with the record . the print touching bow-staves , cap. . agreeth with the record . the print of adnulling of letters patents made for searchers of victuals , cap. . agreeth with the record . the print touching escheators , cap. . agreeth with the record . the print for liveries to be given by the prince , cap. . agreeth with the record . the print for shipping of woolls , cap. . agreeth with the record . the print touching sewers , cap. . agreeth with the record . the print touching wears , and fish-garthes , cap. . agreeth with the record . that the acquittal of certain welshmen by name , upon certain felonies , being unduly done , and taken before thomas brampton , and iohn wymes , justices of assize in hereff. anno e. . may be void , it is enacted . william hyde , a burgesse for chippingham in wil●s , being in execution in the kings bench , upon a capias ad satisfaciend . prayeth to be delivered by a writ out of the chancery ; the which is granted , saving the right to the other men to have execution after the parliament ended . the . of ianuary , anno e. . these petitions ensuing were enacted . an act for the payment of the kings debts , upon patents , bill , or talley , due from anno . the print touching the kings tenants going in his warrs , cap. . agreeth with his record . the print touching protections for such as goe into the kings warrs , cap. . agreeth with the record . the print touching breaking of truce , cap. . agreeth with the record . the print touching the shipping of woolls , cap. . agreeth with the record . anno decimo septimo edwardi quarti . the parliament holden at westminster the sixteenth day of ianuary , in the seventeeth year of king edward the fourth . in the presence of the king , sitting in the chair of estate in the chamber de pinct . otherwise called st. edwards chamber , and of the lords and commons , thomas bishop of lincoln , and chancellor of england , by the kings commandement , declared the cause of the calling of the said parliament , taking for his theam , dominus regit me , & nihil mihi de●rit . upon which he largely treated of the obedience of the subjects due to the prince , and shewed out of the old and new testaments , by sundry examples , of such grievous plagues as ensued the rebell , and disobedient , and the saying of st. paul , non sine causa rex gladium portat . he further sheweth how the majesty of the king was upholden by the hand of the counsel of god , whereby he was advanced to the seat of his ancestors . he concludeth under the person of the king , under the persons of the bishops , and lords , and under the persons of the commons , si dominus regit me , nihil mihi deerit , sed in loco pascuae illos collocabit after which he willed the commons the next day to chuse their speaker among their selves , and accordingly to present him to the king. receivers of petitions for england , ireland , wales , and scotland . receivers of petitions for gascoyne , and other places beyond the seas , and of the isles . tryers of petitions for england , &c. as above . tryers of petitions for gascoyne , &c. as above . the second day of the parliament certain of the commons declared unto the lords , how they had chosen their speaker . the fourth day of the parliament , the commons presented to the king william allington to be their speaker , whose excuse refused , he with the common protestation was allowed . an act shewing how the king , had created richard his second son , duke of york and norfolk , earl marshal , and warren , and nottingham , and had appointed his said son to mary with anne , the daughter and heir of iohn late duke of norfolk , the said anne being then of the age of six years . wherefore it is enacted , that if the said anne should happen to dye before issue had by the said duke of york ; that then the said duke should enjoy , during his life , sundry baronies , honors , castles , manors , knights fees , and other hereditaments by name in wales , sussex , and other countries , parcel of the inheritance of the said anne . a confirmation of the joynture rated by particulars to elizabeth dutchesse of norfolk , late the wife of iohn duke of norfolk , all which premises , with all other the reversions of the hereditaments of the said duke of norfolk , are granted to the said duke of york during his life : certain particular provisions for the lord howard , the lord barkeley , and others . richard duke of gloucester , and anne his wife , in the right of his said wife , assured to the king in fee , the castle and manor of elvel , with the appurtenances , in wales : in exchange whereof , the king gave to the said duke , and to anne in fee , the castle , and manor of ugmore in wales , with clauses of re-entry for either party in cases of eviction ; the which assurances are confirmed by parliament . the duke of suffolk giveth to the king in fee the manors of eastwordlebam , and westwordleham , with the appurtenances , in southampton , for the manors of dudington , and ascot , with the appurtenances , in oxon , in fee , with the like clause as before ; the which is confirmed , as before . it is enacted , that richard duke of gloucester , and anne his wife , and the heirs of them , and the executors and assigns of the said duke , may lawfully alien , discontinue , and grant away sundry advowsons there named of the inheritance of the said anne in mortmain , or otherwise , notwithstanding the statute made in anno e. . tit . . where the king had created george nevil , the son of iohn nevil , late marquesse of mountacute , and made him duke of bedford , the king , by authority of parliament , revoketh the said creation , and all titles of honour , as well from the said george , and from the said john. at the petition of roger twyndowe esquire , cosin and heir of anckenett twyndowe , late wife of william twyndowe esquire , deceased ; viz. son of iohn , son of the said william and anckenett , the judgement , and processe had against the said anckenett at ware , anno . e. . for poysoning of isabel , late the wife of george duke of clarence , is utterly repealed . it is to be noted , that the said anckenett suffered death for the act aforesaid at ware , whose indictment , and processe thereon , is annexed to the record . elizabeth not●hill , the sister and heir of anthony notehill , late of riston in holderness , in the county of york knight , and cosin and heir of anthony notehill , late of the same esquire , son of the same anthony , and walter , the attainders against them , anno e. . made void . the attainder against thomas vere knight , anno e. . tit . . is revoked , and he restored to the manor of dillingham in the county of cambridge , and all other his hereditaments . william finderne knight , son and heir of thomas findern knight , is restored to the bloud and lands of the said thomas , and the attainder of the said thomas , anno e. . made void . a long order for the paving of the city of canterbury . the like statute for the paving of the town of taunton in somersetshire . the like for the town of ciciter . the like for the town of southampton . ralph ashton knight , reciteth the matter contained anno e. . tit . . and sheweth how the said roger , with sundry other there named , in most riotous wife , since the said act , detained , and kept the manor of great lener , against which riots , order by processe is granted with provisions . where richard heron of london merchant , sued iohn walden , late mayor of the staple at callice , and philip harbery merchants of the same in the court at bruges in flanders , and other forein courts , it is enacted , that if the said richard doe not after proclamation made in london , surcease the forein sutes , that he then shall be out of the kings protection . petitions of the commons , with their answers . the print touching money , cap. . agreeth with the record . the print for courts of piepowder , cap. . agreeth with the record . the print against unlawfull games , cap. . agreeth with the record . a long act for the apparelling of every estate . the print for making of tyle , cap. . agreeth with the record . the print touching sealing of cloathes , cap. . agreeth with the record . the print touching the sheriffs return , cap. . agreeth with the record . the print touching the revocation of a parliament , holden anno e. . agreeth with the record . it is enacted , that john at will. a burgesse for exeter , being condemned , during the parliament , in the exchequer upon . several informations , by the pursute of john taylor of the same town , shall have as many supersedeas therefore as he will , until his coming home . an act to continue unto the next parliament , that all irishmen born , or coming of irish , and which doe remain within england , doe repair , and remain in ireland , or else to pay yearly a certain sum there rated , for the defence of the same . anno vicesimo secundo edwardi quarti . rex , &c. charissimo suo filio primogenito edwardo principi walliae , &c. apud westm. vicesimo die ianuarii . teste rege apud westm. decimo quinto die novembris , . ricardo duci eborum . ricardo duci gloucest . johanni duci suffolciae . hen. duci buckingham . tho. marchioni dorset . vvillielmo com. arundell . hen. com. essex . edwardo com. cantii . radulph . com. westmerland . hen. com. northumb. anth. com. rivers . willielmo com. huntington . radulpho graystock chlr. tho. le scroop de masham chlr. ricardo beauchamp de beauchamp chlr. johanni de audley chlr. georgio nevil chlr. reginaldo gray de vvilton chlr. georgio standley de standley chlr. hen. gray chlr. johanni howard chlr. ricardo west chlr. vvaltero devereux de ferrars chlr. johan . le scroop de bolton chlr. tho. lumley de lumley chlr. tho. standley de standley chlr. richardo fines de dacre chlr. johanni brooke de cobham chlr. johan . blunt de mountjoy chlr. johan . sturton de sturton chlr. johan . sutton de dudley chlr. willielmo hastings de hastings chlr. vvillielmo viscount berckley chlr. johanni denham de cary denham chlr. edwardo gray de lisle . fran. lovell de lovell chlr. ricardo fitz-hugh chlr. tho. arundell de montrevers mil. hum● . dacre de gilsland . johanni gray de powis . ricardo hastings de welles . oweno ogle de ogle mil. edwardo hastings de hungerford . the parliament holden at westminster the twentieth day of ianuary , in the two and twentieth year of the reign of edward the fourth . in the presence of the king , sitting in the chair of estate , in the chamber de pinct . commonly called st. edwards chamber , within the palace of westminster , and of the lords and commons then there assembled , the archbishop of york , chancellor of england , made a notable declaration of the calling of the parliament , taking for his theam , dominus illuminatio mea , et salus mea , after which he willed the commons the next day to choose their speaker , and to present him to the king. receivers of petitions for england , ireland , wales , and scotland . receivers of petitions for gascoyne , and other places beyond the seas , and of the isles . tryers of petitions for england , &c. as above . tryers of petitions for gascoyne , &c. as above . the second day of the parliament , certain of the commons declared unto the lords , how they had made choice of their speaker . the third day , the commons presented unto the king iohn wood esquire , to be their speaker , whose excuse made , was refused , and he with the common protestation was allowed . the fifteenth day of february , the commons by the assent of the bishops and lords , granted to the king one desm , and one fifteen , to be levied of the laity , except l. to be bestowed upon decayed towns. a yearly subsidie granted to be levied of all strangers , as well the denizens as otherwise . at the request of the commons , the king granted , that all the statutes concerning weights and measures , of labourers , beggars , and vagabonds , should be proclamed , and observed . a yearly rent out of the kings customes , and other revenues , for paying the provision taken up for his houshold , amounting to l. where the prince was seized of sundry manors in the county of dorset there by name , as in the right of his dutchy of cornwall , the same manors are given to william earl of huntington , son and heir of william herbert knight , late earl of pembrook , in general tail , in exchange for sundry honours , castles , and manors in wales , all which , by the same authority of parliament , are annexed to the said dutchie . the king , by authority of parliament , giveth to richard duke of gloucester , and to the heirs males of his body lawfully begotten , the wardship and office of north marches , together with the castle , town , lordship , and fee-farm of carlisle , with all the customs , and profits ; the castle , and fee-farm of bowcastle , with all the appurtenances , and nichol forest , and all the kings hereditaments , as of his dutchy of lancaster in cumberland , the countries and grounds within scotland , called liddalesdale , elseale , ewesdale , avanderdale , walthopdale , cliddesdale , and the west merches , and all other lands , which he shall get in scotland , with sundry royal prerogatives in the same , to hold the same of the king by his knights fee. in consideration of l. payed by the king for william viscount berckley , by the assent of the said william it is enacted , that all the part , and purport of all the hereditaments of iohn late duke of norfolk , which should descend to the said william , by and after the death of anne , the daughter and heir of the said duke of norfolk , and wife of richard duke of york , in general tail , and for want of such issue to the heir male lawfully begotten of the body of the king , the remainder to the said william in fee , notwithstanding any discontinuances made by the said duke of york , or by the king. sundry particular provisions , as well for the said william , as for iohn howard knight and others . whereas sundry of the kings tenants holding of him immediately , as of his dutchy of lancaster , by sundry recoveries , fines , and feoffments in use , defeated the king of wardships of body , and land , it is enacted , that the king and his heirs shall have the wardship and custody of the body and land of every such person , being within age , to whose use the interest of fee-simple , or fee-tail of any hereditaments so holden , shall grow as heirs by death of any of his ancestors , and if they be of full age , to have releief , notwithstanding any such conveyance . a long provision made for writs to be granted out of the chancery , for the imbezelling of any such heir , upon pursute of the attorney of the courts of the dutchy . the incorporation of the dean , and canons of the kings free chapell of st. george within the castle of windsor , and confirmation of all grants made by the king , or any his progenitors to the same dean , and canons , by what name soever . thomas the cardinal , archbishop of canterbury , and other the kings feoffees in trust of certain hereditaments of the dutchy of lancaster , doe release to the abbot of st. maries in york marks yearly , parcel of marks , which the said abbot yearly paid to the dutchy of lancaster , for the manor of whitguifts , and other lands in the county of york ; in consideration whereof , the said abbot gave to the king the advowson of the parsonage of boston , in lincoln , the which parsonage the king appropriated to the prior of st. iohns of ierusalem in succession . for the which the said prior gave to certain , and to the use of the king in fee , certain lands , called beamonds lees , enclosed with pale in leicester . all which grants are confirmed by authority of parliament . it is to be noted , that in all grants , as well of the said abbots , as of the said priors , made to the king , they sunderly call the king by these very words , supromus dominus noster edwardus quartus rex . at what time if there were any pope , either his power here then was very little , or else he was much forgetfull by his books . the king , by his letters patents , anno . granted to anne the dutchesse of exeter , his sister , during her life , sundry castles , manors , and other hereditaments , and large liberties , in wales , cornwal , devon , somerset , dorset , wilts , and other counties , the remainder to anne the daughter in general tail , the remainder to anne the dutchesse in general tail , and the daughter died without issne , anne the dutchesse afterwards maried with sr. thomas sentlegier knight , and had issue anne and died , sentlegier held in by the courtesie . in consideration as well of sundry manor● surrendred by thomas marquesse dorset to the king , in northampton , and elsewhere , and namely of the manors of thorpe , waterfield , aldwincle , a church , &c. and in consideration of mariage to be had between the lord thomas , son and heir of the said marquesse , and the said anne then living , the king by authority of parliament , confirmeth to the said anne , all and singular the premisses in the next title before , the remainder to the said lord marquesse in especial tail , the reversion to the king by services accustomed . the king , by authority of parliament , granteth to the lord richard gray in especial tail , all and singular the manors next before surrendred to hold the reversions of the king by services to the king accustomed . the king by common consent revoketh the attainder made anno e. . and restoreth his heir or heirs . william hoddie , son to iohn hoddie knight , brother to alexander hoddie of bower in the county of somerset knight , is restored to the bloud and lands of the said alexander , and the attainder had against the said alexander , anno e. . made void . at the petition of the mayor and commonalty of excester , the kings letters patents made for the incorporation of the taylors of the same , and granted anno e. . are repealed . petitions of the commons , with their answers . the print touching apparel , cap. . agreeth , &c. the print touching barrel-fish , cap. . agreeth , &c. the print touching silk-weavers , cap. . agreeth , &c. the print for the price of bows , cap. . agreeth , &c. the print for fulling of hats , and capps , cap. . agreeth , &c. the print for swans , cap. . agreeth , &c. the print for enclosing of woods in purlies , cap. . agreeth , &c. the print touching barwick , cap. . agreeth with the record . anno vicesimo tertio edwardi quarti . rex , &c. filio suo primogenito edwardo principi walliae , &c. apud westm. vicesimo die ianuarii . ricardo duci eborum . ricardo duci gloucest . johanni duci suffolciae . hen. duci buckingham . tho. marchioni dorset . vvillielmo com. arundell . hen. com. essex . edwardo com. cantii . radulph . com. westmerland . hen. com. northumb. anth. com. rivers . willielmo com. huntington . radulpho de graystock chlr. tho. le scroope de masham chlr. ricardo beauchamp de beauchamp chlr. johanni audley chlr. georgio nevil chlr. reginaldo gray de vvilton chlr. georgio standley de le strange chlr. hen. gray chlr. johanni howard chlr. ricardo west chlr. vvaltero devereux de ferrars chlr. johan . le scroop de bolton chlr. tho. lumley , de lumley chlr. tho. strange de standley chlr. richardo fines de dacre chlr. johanni brooke de cobham chlr. johan . blunt de mountjoy chlr. johan . sturton de sturton chlr. johan . sutton de dudley chlr. willielmo hastings de hastings chlr. vvillielmo viscount berckley chlr. johanni denham de cary denham edwardo gray de lisle . fran. lovell de lovell chlr. ricardo fitz-hugh chlr. johanni zouch chlr. tho. arundell de montrevers chlr humf. dacre de gilsland . johanni gray de powis . ricardo hastings de welles . oweno ogle de ogle mil. edwardo hastings de hungerford . anno primo ricardi tertii . in rotulo parliamenti tenti apud westm. die veneris vicesimo tertio die januarii , anno regni regis richardi tertii primo , inter alia continentur , ut sequitur . mcmorand . quod quaedam billa exhibita fuit coram domino rege in parliamento praedicto in haec verba . whereas late heretofore , that is to say , before the consecration , coronation , and inthronization of our soveraign lord king richard the third , a roll of parchment , containing in writing certain articles of the tenor under-written , on the behalf , and in the name of the three estates of this realm of england , that is to say , of the lords spiritual , and temporal , and of the commons by name , and divers lords spiritual and temporal , and of the commons by name , and other nobles and notable persons of the commons in great multitude , was presented and actually delivered unto our said soveraign lord , the intent and effect expressed at large in the same roll , to the which roll , and to the considerations , and instant petition comprised in the same , our said soveraign lord for the publique weal , and tranquility of this land , benignly assented . now for as much as neither the said three estates , neither the said persons , which in their name presented , and delivered as it is aforesaid the said roll unto our said soveraign lord the king , were assembled in form of parliament ; by reason whereof divers doubts , questions , and ambiguities been moved and ingendred in the minds of divers persons as it is said . therefore , to the perpetual memory of the truth , and declaration of the same , be it ordained , provided , and established in this present parliament , that the tenor of the said roll , with all the contents of the same , presented as is abovesaid , & delivered to our abovesaid soveraign lord the king , in the name , and in the behalf of the said three estates out of parliament : now by the said * three estates assembled in this present parliament , and by authority of the same , be ratified , enrolled , recorded , approved , and authorized to the removing of the recasions of doubts , and ambiguities , and to all other lawfull effects that shall now thereof ensue , so that all things said , affirmed , specified , desired , and remembred in the said roll , and in the tenour of the same , under-written in the name of the said three estates to the effect expressed in the said roll , be of the like effect , vertue , and force , as if all the same things had been so said , affirmed , specified , and remembred in full parliament , and by authority of the same accepted and approved , the tenor of the said roll of parchment whereof above is made mention , followeth , and is such . to the high and mighty prince , richard duke of gloucester pleaseth it your noble grace to understand the considerations , election , and petition under-written of us the lords spiritual and temporal , and commons of this realm of england , and thereunto agreeable , to give your assent to the common and publique weal of this land , and to the comfort , and gladness of all the people of the same . first , we consider , how that heretofore in time passed , this land for many years stood in great prosperity , honour , and tranquility : which was caused for so much as the kings reigning , used and followed the advice and counsel of certain lords spiritual and temporal , and other persons of approved sagenesse , prudence , policy , and experience , dreading god , and having tender zeal , and affection to indifferent administration of justice , and to the common , and publique weal of the land : then our lord god was dread , loved , and honoured ; then within the land was peace and tranquility , and among the neighbours concord and charity ; then the malice of outward enemies was mightily resisted , and repressed , and the land honourably defended with many great and glorious victories ; then the intercourse of merchants was largely used and exercised ; by which things above remembred , the land was greatly inriched , so that as well the merchants as the artificers , and other poor people , labouring for their living in divers occupations , had competent gain , to the satisfaction of them , and their housholds , living without miserable and intollerable poverty . but afterwards , when as such had the rule and governance of this land , delighting in adulation , and flattery , and led by sensuality and concupiscence , followed the counsel of persons , insolent , vicious , and of inordinate avarice , despising the counsel of persons good , vertuous , and prudent , such as above be remembred ; the prosperity of this land decreased daily , so that our felicity was turned into misery , and our prosperity into adversity , and the order of policy , and the laws of god , and man confounded , whereby it is likely this realm to fall into great misery , and desolation , ( which god defend ) without due provision of convenable remedy be had in this behalf in all godly haste . over this , among other things more special , we consider how that the time of the reign of edw. the . late deceased , after the ungracious pretended mariage ( as all england hath cause to say ) made betwixt the said king edw. and elizabeth , sometimes wife to sir iohn gray knight , late naming her self , and many years heretofore , queen of england , the order of politique rule was perverted , the laws of god , and of gods church , &c. also the laws of nature , and of england , and also the laudable customs and liberties of the same , wherein every englishman is inheritor , is broken , subverted , and contemned , against all reason and justice : so that the land was ruled by self-will , and pleasure , fear and dread , all manner of equity and law laid apart and despised , whereof ensued many inconveniencies and mischiefs , as murders , extortions , and oppressions , namely of poor , and impotent people : so that no man was sure of his life , land , or livelyhood , ne of his wife , daughter , or servant , every good maiden , and woman , standing in fear to be ravished , and deflowred . and besides this , what discords , inward battels , effusion of christian mens blouds , and namely , by the destruction of the nobles bloud of this land , was had and committed within the same , it is evident , and notorious through all this realm , unto the great sorrow , and heavinesse of all true english-men . and here also we consider , how that the said pretended mariage betwixt the above-named king edward , and elizabeth gray , was made of great presumption , without the knowing and assent of the lords of this land , and also by sorcery and witchcraft committed by the said elizabeth , and her mother iaquet , dutchesse of bedford , as the common opinion of the people , and the publique voice and fame is throughout all this land , and hereafter if the cause shall require , shall be proved sufficiently in time and place convenient . and here also we consider , how that the said pretended mariage was made privily , and secretly without edition of banes , in a private chamber , a prophane place , and not openly in the face of the church , after the law of gods church ; but contrary thereunto , and the laudable custom of the church of england ; and how also at the time of the contract of the same pretended mariage , and before and long time after , the said king edward was and stood maried , and troth-plight to one dame elinor butler , daughter to the earl of shrewsbury , with whom the said king edward had made a pre-contract of matrimony , long time before he made the said pretended mariage with the said elizabeth gray , in manner and form aforesaid . which premisses being true , as in very truth they be true , it appeareth , and followeth evidently , that the said king edward during his life , and the said elizabeth , lived together sinfully and damnably in adultery , against the law of god and of his church ; and therefore , no marvel that the soveraign lord and head of the land being of such ungodly disposition , and provoking the ire and indignation of our lord god , such heynous mischief and inconveniences as are above remembred were used , and committed in the realm amongst the subjects . also it appeareth evidently , and followeth , that all the issue , and children of the said king edward be bastards , and unable to inherit , or claim any thing by inheritance by the law , and custom of england . moreover , we consider how that afterwards by the three estates of this realm assembled in parliament , holden at westminster , anno . of the reign of the said king edward the fourth , he then being in possession of the crown , and royal estate , by act made in the same parliament , george duke of clarence , brother to the king edward now deceased , was convicted , and attainted of high treason , as in the said act is contained more at large ; because , and by reason whereof , all the issue of the said george was , and is disabled , and barred of all right and claim , that in any case they might have , or challenge by inheritance , to the crown and dignity royal of this realm , by the antient laws and customs of this same realm . over this , we consider , that you be the undoubted heir of richard duke of york , very inheritor of the said crown , and dignity royal , and as in right king of england by way of inheritance ; and that at this time the premises duely considered , there is none other person living but you onely , that may claim the said crowne and dignity royal , by way of inheritance , and how that you be born within this land ; by reason whereof , as we deem in our minds , you be more naturally inclined to the prosperity and common-weal of the same , and all the three estates of the land have , and may have more certain knowledge of your birth , and filiation aforesaid . we consider also th● great wit , prudence , justice , princely courage , and the memorable and laudable acts in divers battels , which as we by experience know you heretofore have done , for the defence , and salvation of this realm● and also the great noblenesse and excellency of your birth , and bloud , as of him that is descended of the three most royal houses of christendome , that is to say , england , france , and spain . wherefore these premises duly by us considered , we desiring effectually the peace , tranquillity , and weal publique of this land , and the reduction of the same to the antient honourable estate , and prosperity ; and having in your great prudent justice , princely courage , and excellent vertue , singular confidence ; * have chosen in all that in us is , and by that our writing choose you high and mighty prince , our king and soveraign lord , &c. to whom we know of * certain it appertaineth of inheritance so to be chosen . and hereupon we humbly desire , pray , and require your most noble grace , that according to this election of us the● three estates of your land , as by inheritance ; you will accept , and take upon you the said crown and royal dignity , with all things thereunto annexed , and appertaining , as to you of right belonging , as well by inheritance as by lawfull election ; and in case you so do , we promise to assist and serve your highnesse , as true , and faithfull subjects and liege-men , and to live and dye with you in this matter , and in every other just quarrel ; for certainly we be determined rather to adventure and commit us to the peril of our lives , and jeopardy of death , than to live in such thraldom and bondage as we have done long time heretofore , oppressed and injured by extortions , and new impositions , against the law of god , and man , and the liberties , and old policy , and laws of this land , wherein every englishman is inherited . our lord god king of all kings , by whose infinite goodnesse , and eternal providence , all things been principally governed in this world , lighten your soul , and grant you grace to do as well in this matter as in all other , that which may be according to his will and pleasure ; and to the common and publique weal of this land. so that after great clouds , troubles , storms , and tempests , the sun of justice and of grace may shine upon us , to the joy and comfort of all true-hearted english men . albeit that the right , title and estate which our soveraign lord king richard the third hath to , and in the crown and royal dignity of this realm of england , with all things thereunto within the same realm , and without it annexed and appertaining , been just and lawfull , as grounded upon the laws of god and nature , and also upon the antient laws and laudable customs of this said realm ; and also taken , and reputed by all such persons , as been * learned in the abovesaid lawes and customs . yet neverthelesse , * for as much as it is considered , that the most part of the people is not sufficiently learned in the abovesaid laws and customs , whereby the truth and right in this behalf of likelihood may be hid , and not clearly known to all the people , and thereupon put in doubt , and question . and over this , how that the * court of parliament is of such authority , and the people of this land of such a nature and disposition as experience teacheth , that manifestation and declaration of any truth or right , made by the three estates of this realm assembled in parliament , and by authority of the same , maketh before all other things , most faith , and certain * quieting of mens minds , and removeth the occasion of doubts , and seditious language . therefore , at the request , and by the assent of the * three estates of this realm , that is to say , the lords spiritual and temporal , and commons of this land assembled in this present parliament , and by authority of the same , be it pronounced , decreed , and declared , that our said soveraign lord the king was , and is the very undoubted king of this realm of england , with all things thereunto within the same realm , and without it , united , annexed , and appertaining , as well by right of consanguinity and inheritance , as by lawfull election , consecration and coronation . and over this , that at the request , and by the assent and authority abovesaid ; be it ordained , enacted , and established , * that the said crown , and royal dignity of this realm , and the inheritance of the same , and all other things therunto within this realm , or without it , united and annexed , and now appertaining , rest and bide in the person of our said soveraign lord the king , during his life , and after his decease in his heirs of his body begotten , in especial at the request , and by assent , and the authority aforesaid , be it ordained , enacted , established , pronounced , decreed and declared , that the high and excellent prince * edward , son of our said lord the king , be heir apparent of the same our soveraign lord the king , to succeed to him in the abovesaid crown and royal dignity , with all things ( as is aforesaid ) thereunto united , annexed , and appertaining , to have them after the decease of our said soveraign lord the king , to him , and to the heirs of his body lawfully begotten . quae quidem billa communibus regni angliae in dicto parliamento existentibus transportata fuit , cui quidem billae idem communes assensum suum praebuerunt sub hiis verbis : a ceste bille les communs sont assentes ; quibus quidem billa & assensu coram domino rege in parliamento praedicto , lectis , auditis , & plene intellectis , & de assensu dominorum spiritualium & temporalium in dicto parliamento similiter existentium , & communitatis praedictae ; nec non authoritate ejusdem parliamenti pronunciatum , decretum , & declaratum existit , omnia , et singula in billa praedicta contenta fore vera et indubia , ac idem * dominus rex , de assensu dictorum trium statuum regni , & authoritate praedicta , omnia & singula praemissa in billa praedicta content● concedit , & ea pro vero & indubio pronunciat , decernit , & declarat . finis . a table of the parliament rolls and writs of summons here abridged . tempore edw. . e● . p. . e. . p. . e. . parl. . p. . parl. . p. , . e. . p. . e. . parl. . p. . parl. . p. . e. . p. . parl. . p. . &c. e. . p. . e. , p. , &c. e. . p. , . e. . p. . e. . p. . e. . p. , . e. . p. , . parl. . p. , . e. p. . e. . p. , . e. . p. , . e. . p. . e. . p. , . e. . p. , . e. . p. . e. . p. , . e. . p. , . e. . p. . e. . p. , . e. . p. . parl. . p. . e. . p. . tempore r. . r. . p. , . r. . parl. . p. . parl. . p. . r. . p. , . r. . p. , . r. . p. . parl. . p. . r. . p. . parl. . p. . r. . p. , . parl. . p. , . r. . p. , . r. . p. , . r . p. , . r. . p. , , . r. . p. , , . r. . p. , . r. . p. , . r. . p. . r. . p. , . r. . p. , . r. . p. , . r. . p. . r. . p. . tempore h. . h. . p. , , &c. h. . p. , . h. . p. . h. . p. . h. . p. . h. . p. . h. . p. . h. . p. , . h. . p. , . h. . p. . tempore h. . h. . p. , . h. . p. , . h. . p. , . h. . p. , . h. . p. , . h. . p. , . h. . p. , . tempore h. . h. . p. , . h. . p. , . h. . p. , . h. . p. , . h. . p. , . h. . p. . h. . p. . h. . p. , . h. . p. , . h. . p. , . h. . p. , . h. . p. , . h. . p. , . h. . p. , . h. . p. , . h. . p. , . h. . p. , . h. . p. , . h. . p. , . h. . p. , . tempore e. . e. . p. , . & . e. . p. , . & e. . p. , , . e. . p. . e. . p. , . e. . p. . e . p. . e. . p. . e. . p. . e. . p. . tempore r. . r. . , . a chronological kalender of all the admirals , chamberlains , chancellours , clerks of parliament , constables of england , counsellours of state , custodes , or keepers of the realm , chief justices and judges of both benches , and barons of the eschequer , marshals , privy-seal keepers , protectors , speakers of parliament , stewards of the houshold , treasurers , wardens of the cinque-ports , and other great officers mentioned in this exact abridgment ; with the years of the kings , number-rolls , and pages wherein they are named . admirals of england . earl of arundel , e. . n. . p. . earl of huntingdon , e. . n. . p. . sir michael de la pool of the north sea , r. . p. . earl of northumberland of the north , r . n. . p. . earl of devonshire of the west , r. . n. . p. . john marquesse dorset , r. . n. . p. . edward earl of salisbury , john earl of shrewsbury , john earl of worcester , james earl of wiltshire , and the lord sturton , h. . n. . p. . discharged at their requests , h. . n. . p. . chamberlains . sir john darcy lord chamberlain , e. . n. . p. . sir bartholmew burgherst , e. . parl. . n. . p. . e. . n. . p. . e. . n. . p. . william lord latimer , e. . n. . p. . sir robert de ashton , e . n. . p. . sir thomas erpingham , h. . n. . p. . earl of oxford by inheritance , h . n. . p. . the lord gray , h. . p. . n. . humfrey duke of glocester , h. . n. . p. . ralph lord cromwell , h. . n. . p. . vice-chamberlains . sir thomas de erp●ngham , h. . n. . p. . chancellors of england . bishop of winchester , e. . n. . p. ● . bishop of london , e. . n. . p. . bishop of winchester , e. . parl. . n. . p. . simon bishop of ely , e. . n. . p. . e. . n. . p. . e. . n. . p. . bishop of winchester , e. . n. . p. ● . e. . n. . p. . sir robert thorp , e . n. . p. . sir john knyvet , e. . n. . p. . e. . n. . p. . bishop of st. davids , e. . n. . p. . e. . n. , . p. . sir richard le scroope , parl. . r. . n. . p. . r. . n. . p. . simon archbishop of canterbury , r. . n. , , &c. p. . r. . n. . p. . william archbishop of canterbury elect , r. . n. . p. . sir richard le scroope knight , r. . n. . p. . r. . parl. . n. . p. . robert braybrooke bishop of london , r. . n. . p. . r. . parl. . p. . sir michael de la poole , r. . n. . p. . parl. . r. . n. . p. . r. . n. . p. . r. . n. . p. , &c. r. . n. , ● to . p. , , . thomas bishop of ely , r. . n. . . p. , . william de wickham , bishop of winchester , . r. . n. , , . p. . r. . n. . p. . archbishop of york , r. . n. , . p. . r. n. . p. . bishop of exeter● r● . n. . p. . r. . n. ● , , . p. , , . bishop of london , h. . n. . p. . bishop of lincoln , h. . n. . p. . thomas de langley , h. . n. . p. . archbish. of canterb. h. . n. . p. . thomas beauford , h● . n. . p. ● . bishop of winchester , h. . n. . p. . h. . n. . p. . h. . n. . . p. , . h. . n. . p. ● . bishop of durham , h. . n. . p. . h. . n. . p. . h. . n. . p. . h. . n. , . p. . h. . n. . p. . bishop of winchester , h. . n. . p. . . h. . n. . p. . john bishop of london , h. . n. ●● . p. . john archbish. of york , h. . n. . p. . h. . n. . p. . h. . n. ● . p. . john bishop of bath and wells , h. . n. . p. . h. . n. . p. . h. . n. . p. . h. . n. . p. . h. . n. . p. . john archbishop of canterbury , h. . n. . p. . h. . n. . p. . h . n. . p. . h. . n. . n. , , p. . john archbishop of york and cardinal , h. . n. , . p. . h. . n. . p. . john archbishop of canterbury , h. . n. . . . p. , . thomas archbish. of canterbury , h. . n. . p. , n. . p. , , . william bishop of winchester , h. . n. . p. . george bishop of exeter , h. . n . p. . e. . n. . p. . e. . n. . p. . george archbishop of york , e. . n. , ● . p. , . robert bishop of bath and wells , e. . n. . p. . b. of duresm , e. . n. , , , . p. , , , . thomas bishop of lincoln , e. . n. . p. . e. . n. . p. . archbish. of york , e. . n. . p. . clerks of parliament . sir thomas of drayton , e. . n. . p. . e. . p. . e . n. . p. . e. . n. . p. . e. . n. . p. e. . n. . p. . john of codington , e. . n. . p. . clerks of the crown . geoffry martin , r. . n. . p. . constables of england . thomas de vvoodstock , e. . p. . r. . p. . r. . p. . r. . p. . r. . n. . p. . thomas duke of gloucester , r. . n. . p. . henry p●erry earl of northumberland , h. . n. p. . n. . p. . humfrey ●e bohun , h. . n. . p. . [ in e : ] ● h● . n. . p. . humfrey duke of gloucester , h. . n. . p. . john duke of bedford , h. . n● . p. . councellors of state. bishop of london , e. . n. . p. . archbish. of canterbury , earls of lancaster , warwick and huntington , e. ● . n. . . p. , . bishop of lincoln , e. . n. . p. . vvilliam l. latimer , e. . n. , . p. ●● . john lord nevil , e. . n. . p. . bishops of london , carlisle , and salisbury● earls of stafford and march , sir richard stafford , and sir henry le scroop barons . sir john deverose , and sir hugh seg●ave r. . n. . p. . the earl of arundel , and sir michael de la pool , r. . n. . p. . the archbishop of canterbury , h. . p. . bishop of vvinchester , bishop of st. davids , dukes of lanc. & york , r. . n. . p. ●● . john d. of bedford , and humfry d. of glocester , h. . n. . p. . h. . n. , . . p. . henry bishop of winchester cardinal , h. . n. . p. . richard duke of york , h. . n. , . p : . h. . p : , . custodes angliae , or guardians , wardens , lieutenants of england , in the kings absence , or nonage . edward duke of cornwall , e. . parl. ● . n. . p. . parl . e. . n. . . p● . e. . n. , . p. , . lionel the kings son , e. . n. . p. . ● e. . n. . p. . e. . n. . p. . edward duke of york the kings uncle , ● r. . n. . p. . john duke of bedford , h. . p. . h. . p. , , h. . p. . h. . p. . humfry duke of glocester , h. . p. . chief iustices of the kings bench. sir jeoffry le scroop , e. . n. . p. . sir william de thorp , e. . n. . p. . e. . n. . p. . r. . n. . p. . sir william strarshal e. . n . p. . parl . e. . n. . p. . e. . n. . p . e. . n. . p. . e. . n. . p. , . n. . sir hen. green , e. . n. . p. . e. n. . p. . sir john cavendish , r. . n. . p. . r. . n. . . p. . r. . n. . p. . sir robert tres●illian , r. . n. . p. . sir walter clopton , r. . n. . p. . r. . p. . sir william thurming , or thurning , h. . p. , . n. . . sir william gascoyn , h. . p. . n. . h. . p. . n. . william hankford , h . p. . h. . p. . william cheyney , h. . p. . h. p. . h. . p. . iustices of the kings bench. sir richard willoughby , e. . n. . p. . sir william shareshall , e. . n. . p. . john knevet , r. . n. . p. sir will. thurning , h. . n. , . p. , , . sir rob : therwit , h. . p. . n. . chief iustices of the common pleas . sir john stoner , e. . n. . p. . sir robert belknap , r. . n. . p. . r. . n. . p. . iustices of the common-pleas . william richil , r. . p. . chief barons and barons of the exchequer . sir tho. ludlow chief baron , e. . n. . p. . heenport bar. of the exch. e. . n. . p. marshals of england . roger de bigot , com. norf. e. . p. . tho. com. norf. e. . p. . e. . p. . hen. percie , e. . p. . thomas de mowbrey earl of nottingham , r. . p. , . n. . p. . r. . p. . r. . p. . r. . p. . r. . p. . r. . p. , . . h. . p. . the office intailed on him , and the heirs males of his body , r. . p. . p. , . thomas duke of surrey , r. . n. . p. . ralph de nevil earl of westmerland , h. . n. . p. . thomas lord morley , leiutenant marshall , r. . p. . keepers of the privy seal . sir william of keldesby , e. . n. . p. . m. john thoresby clerk of the privy seal e. . p. . n. . michael of northumberland , keeper of the privy seal , e. . n. . p. . richard clifford , h. . p . n. . h. . n. . p . john stafford , h. . n. ● p. . mr. william alremith , h. . p. . mr. will. alenwick , h. ● n. . p. . protectors and defenders of the realm . john duke of bedford , and humfry duke of glocester , in his absence , h. . n. , . p. . h. . p. , . h . n. , , . p. . h. . n. . p. . richard duke of york , h. . n. . to . p. . h. . . to . p. . his power repealed , n. . p. . speakers of the commons in parliament . sir thomas hungerford knight , e. . n. . p. . sir pierce de la mare knight , r. . n. , . p. . sir james pickering knight , r. . n. , . &c. p. . sir john gildesbrough knight , r. . n. . &c. p. . sir john oldersburgh knight , r. . n. . p. . sir richard walgrave knight , r. . n. , , . p. . sir james pickering knight , r. . parl. . n. . p. . sir john bussey knight , r. . n. . . p. , . r. ● . n. . . p. , . . r. . n. . . . p. , , . sir john cheyney knight , h. . n. , . excused for his sickness & infirmity , p. . sir john doreward knight , elected in his place , h. . n. , . p. . sir arnold savage knight , h. . n. . p. . sir hen. de redford knight , h. . n. . p. . sir arnold savage knight , h. . n. . p. . sir william sturmey knight , h. . n. . p. . sir john tibetot knight , h. . n. . , &c. p. , . thomas chaucer esquire , h. . n. , . p. . h. . n. . p. . h. . n. . p. . william stourton esquire , h. . n. , , . p. . discharged for sickness . john doreward esq elected in his place , h. . n. . p. . thomts chaucer esq h. . n. . p. . sir walter beauchamp knight , h. . n. . p. . roger flower esq h. . n. . p. . h. . n. . p. . roger fowler esq h. . n. . p. . richard baynard esq h. . n. . p. . roger flower esq h. . n. . p. . john russel esq h. . n. . p. . sir thomas nanton knight , ● h. . n. . p. . sir richard vernon knight , h. . n. . p. . john tirril esq . h. . n. . p. . william allington esq h. . n. . p. . john tirril esq h. . n. . p. . john russel esq h. . n. . p. . roger hunt esq h. . n. . p. . john bowes esq h. . n. . p. . sir john tirrel knight , h. . n. . p. . excused for sicknesse . william beerly esq elected in his place , h. . n. . p. william tresham esq h. . n. . p. . william burley esq h. . n. . p. . william tresham esq h. . n. . p. . john day esq h. . n. . p. . sir john popham knight , h. . n. . p. . excused . william tresham esq elected in his place , h. . n. . p. . sir william oldham knight , h. n. . p. . thomas thorp esq h. . n. , , , , . p. . discharged , p. . sir thomas charlton knight , elected in his place , h. . n. . p. . sir john wenlock knight , h. . n. . p. . thomas tresham esq h. . n. . p. . john green esq h. . n. . p. . sir james strangewaies knight , e. . n. . p. . john say esq e. . n. . p. . sir john say knight , e. . n. , , p. . william allington esq e. n. ● p. . e. . n. . p. . john wood esq e. . n. . p. . stewards of england , and of the houshold . sir richard le scroop , r. . n. . p. . n. . p. . n. . p. . r. . parl. . n. , . p. . john duke of guien and lancaster , r. . n. . p. . thomas mowbrey earl of nottingham , r. . n. . p. . john duke of lancaster steward of england r. . p. , . humfrey duke of buckingham , pro tempore , h. . n. . p. . treasurers of england . the dean of york , e. . parl. . n. . p. . thomas b●antingham bishop of exeter e. . n. . p. . sir hugh seagrave , r. . n. . p. . prior of st. johns● r. . n. . p. bishop of st. davids , r. . n. , . . sir roger welden : in r. d . time , h. . p. . n. . john earl of arundel h. . n. . p. ●● . william rindroffe , h. . n. . p. . john stafford , h. . n. . p. . h. . p. ● john bishop of bath , h. . n. , . p. ● . ralph lord cromwell , h. . n. , . p. . john earl of worcester , h. n. . p. . treasurers of warres . thomas lord furnival , and sir john pelham , h. . n. . p. . h. . n. . p. . p. . n. . wardens of the cinque ports . bartholmew de burghershe , . e. . p. . william de clinton , earl of huntington , e. . p. . ● e. . . bartholmew de burgherst , e. . p. . e. . p. roger de mo●tuo mate earl of march , e. . p. . robert de herle , e. . p. . ralph spigurnel , e. . p. . ralph spiriard , e. . p. . edmond earl of cambridge , r. . p. . r. . p. . robert de ashton , r. . p. . simon de burley , r. . p. , . r. . p. , . r. . p. . r. . p. . john devereux , r. . p. . r. p. . r. . p. . r. . p. . john de bello monte , r. . p. . . r. . p. . john de monteacute , r. . p. . edward earl of rutland , r. . p. , . thomas erpingham , r. . p. . h. p. . h. . p. . h. . p. . . h. . p. . h. . p. . henry prince of wales , h. . p. . an exact alphabeticall and chronologicall table of all the barons , dukes , earls , lords , marquesses , princes of wales , viscounts , and other nobles summoned by writ to the english parliaments , here abridged : and of the queens of england , with other foreign dukes , earls , nobles mentioned in this abridgement ; and the chief matters relating to their creations , and persons : very useful for all our nobility , and such who delight in heraldry . if any reader of this abridgement or table , desire to know , why all the noblemen and peers of england , were n●● always equally mentioned in the writs of summons to our parliaments , but sometimes divers of them omitted . the reasons thereof will appear to be these : . the new creations of ma● of them from time to time . . their absence in foreign wars and services beyond the seas . . their at●a●nders of treason by reason of insurrections and our civil wars● . their non-age , or death without issue-male . in which three last ●ases , no writs of summons were directed to th●m , till their return into england , their attainders repealed , they and their heirs restor●d , or their heirs become of full age , otherwise they were all of course and right constantly summoned . some of their christian names being mistaken in the written , and so in the printed copy , i have rectified in this table . a. dukes and earls of albamerle or aumarle . thomas uncle to rich. . summoned to parliament r. . p. . edward earl of rutland , created duke thereof r. . n. . p. ● summoned to parliament ● r. . p. . p. . n. . one of the lords appellants , p. . n. . summoned to parliament r. . p. . h. . p. . impeached and degraded for his appeal , and hand in the duke of glocesters de●●h . plac. coron . h. . n. , . , . p. , . thomas duke of clarence , earl thereof , summoned h. . p. . h. . p. . william de aldeburg , or alderburg knight , summoned to parliament r. . p. . ● r. . p. . r. . p. . r. . p. , . r. . p. . r. . p. . iohn de st. amando o● amand , summoned to parliament e. . p. . almaric de st. amando , summoned to parliament e . p. . e. . p. . r. . p. . r. . p. . r. . p. . r. . p. . r. . p. . r. . p. . r. . p. , r. . p. . r . p. . h. . p. . h. . p. . h. . p. . henry de sancto amando summoned to parliament r. . p. . earl of amaniake in guienne h. . p. . n. . earls of angos . gilbert de vmfravil summoned to parliament e. . p. . robert de vmfravil summoned e. . p. . gilbert de vmfravil summoned to parliament as earl of angos e. . p. . e. . p. . . e. . p. . e. . p. . e. . p. . e. . p. ● . e. . p. . ● e. . p. . e. . p. . e. . p. p. . e. . p. . e. . p. . e. . p. . e. . p. . r. . p. . r. . p. . ●e●e ou● men to scotland at his own cost . e. . p. . n. . a commissioner for the array in four counties , and in the kings lands in scotland p. . n. . n. . dukes of aquitain . iohn duke of lancaster created duke thereof , and summoned to parliament by that title r. . p. . n. . . r. . p. . r. . p. . r. . p. . . r. . p. . prince henry created duke thereof h. . p. n. . thomas de archdeken● summoned to parliament e. . p. . iohn de arundel summoned to parliament r. . p. . r. . p. . iohn arundel de arundel summoned to parliament h. . p. . tho. arundel de montrauers knight summoned to parliament e. . p. . earls of arundel . warren h. . h. . p. . n. . richard summoned to parliament e. . p. . edward summoned to parliament e. . p. . edmund earl put to death e. . p. ● . n. . his attainder revoked e. . p ● . n. . . . richard restored to blood , lands , earldome e. . p. . n. . summoned to parliament e. p. . e. . p. . e. . p. . e. . p. e. . p. . ● . e. . p. . e. . p. . e. . p. ● . e. . p. . e. . p. . e. . p. . e. . p. . e. . p. . r. . p. . r. . p. . r. . p. . r. . p. . . r. . p. . . r. ●● . r. . p. . r. . p. . ● r. . p. . r. . p. . r . p. , r. . p. . r. p. . ● r. . p. . r. . p. . letters from him and others to the parliament e. . p. . n. . his restitution granted , declared e. . p. . . n. . e. . p. . . n. . his fathers unjust attainder revoked , and he restored e. . p. . n. , , . chosen by parliament to counsel and govern the king r. . p. . n. . one of the five lords appellants and his protest r. . p. . n. . his accusation in parliament against the duke of lancaster , his censure and submission for it . r. . p. . n. . his pardons & . . r. . repealed by parliament r. . p. . n. , . . n. . trayterously assembled against the king and deserted p. . n. . his impeachment of high treason , plea , and judgement in parliament ; beheading and forfeiture of lands p. , , . n. to king richard . impeached , for revoking his pardon , and beheading him against law. h. . p. . n. . . his heire restored p. n. . this commons pray the reversall of his judgement , and heirs restitution p. . n. . thomas earl of arundel restored in blood and lands to his father richard h. . p. . n. . p. . n. . summoned to parliament h. . p. . h. . p. . h. . p. . h. . p. , . h. . p. . h. . p. . h. p. . h. . p. . h. . p. . h. . p. . h. . p. . complaints against his usurpations and oppressions h. . p. ● , . n. . . iohn earl of arundel summoned to parliament h. . p. . the place and precedency of the earls of arundel in parliament h. . p. . richard earl of arundel summoned to parliament h. . p. . iohn earl of arundel his service beyond sea , petition , place in parliament , and restitution to the earldome h. . p. . n. . to . william earl of arundel summoned to parliament h. . p. . h. . p. . h. . p. . h. . p. . h. . p. . h. . p. . h. . p. . h. . p. . h. . p. . e. . p. . e. . p. ● . e. . p. e. . p. . e. p. . . e. . p. . e. . p. . the precedency of the earl of arundel before the earl of devon resolved in parliament h. . p. . n. . william arundel de montravers knight summoned to parliament e. . p. . earls of athol , or altieth . david de strabelg● summoned to parliament e. . p. . e. . p. . e. . p. . iames de audley summoned to parliament e. . p. . e. . p. . e. ● p. . e. . p. . e. . par . . p. . ● e. . p. . r. . p. . iohn de audeley de heleigh summoned to parliament e . p. . e. . p. . iames de audeley de heliegh , summoned to parlament e. . p. . r. . p. . r. p. . r. . p. . r● . p. , . r. . p. , r. . p. . r. . p. . nicholas de audely de heleigh , summoned to parliament r. . p. . ● r. . p. . richard de audeley de heleigh summoned to parliament r. . p. . r. . . r. . p. . iames de audeley knight , summoned to pa●liament h. . p. . h. . p. . h. . p. , . h. . p. . h. . p. , . h. . p. . h. . p. . h. . p. . h. . p. . h. p. , . h. . p. . h. . p. . h. . p. . h. . p. . h. . p. . h. . p. . h. . p. ● . h. . p. ● . slain h. . p. . . n. . iohn lord audely ( i believe it should be iames ) summoned to parliament h. . p. . iohn de audeley knight summoned to parliament e. . p. . e. . p. . e. . p. . e. . p. . e. . p. . e. . p. . william de ayncourt summoned to parliament . e. . p. . b. thomas bardolfe summoned to parliament e. . p. . iohn bardolfe , summoned to parliament e. . p. . e. . p. . e. . p. . e. . p. . e. . p. . e. . p. . e. . p. . e. . p. . iohn bardolfe junior summoned to parliament e. . p. . iohn bardolfe de wermegey summoned to parliament e. . p. . william bardolfe de wermegey summoned to parliament e. . p. . r. . p. . . r. . p. . . r. . . r. . p. , . r. . p. , . . r. . p. . thomas bardolfe de wermegey summonned to pa●liament r. . p. . r. . p. . r. . p. . r. . p. , . r. . p. . r. . p. . h. . p. . h. . p. ● . h. . p. . h. . p. , . an act concerning his lands . h. . p. . n. . edmond bars●asse summoned to parliament e. . p. . ralph basset of drayton summoned to parliament e. . p. . e . p. . e. . p. . e. . p. , . e. . p. . e. . p. . e. . p. . r. . p. . r. . p. . r. . p. . r. . p. , . r . p. . , . r. ● p. r. . p. . r. . p. , . r. . p. ● . r. p. . roger bauent summoned to parliament e. . p. . henry de beamont , or bellomonte summoned to parliament e. . p. . iohn de beamont or bellomonte summoned to parliament r. . p. , . r. . p. , . r. . p. . r. . p. , . r. . p. . r. . p. . r . p. . r. . p. . r. . p. . r. . p. . henry de beamont or bellomonte , summoned , to parliament h. . p. , . h. . p . h. . p. . h. . p. . . h. p. . iohn beamont knight , summoned to parliament h. . p. . . h. . p. . h. . p. . h. . p. , . h. . p. ● , . made viscount , and summoned by that title h. . p. . h. . p. . h. . p. h. . p. . h . p. . . h. . p. . h. . p. ● . william viscount beamont , attainted of high treason e. . p. . n. . iohn beauchampe , or de bello-campo of somerset , summoned to parliament , e. . p. . e. . p. . e. . p. . e. . p. . e. . p. . e. . p. . e. . p. . iohn beauchamp .. or de bello-campo de war. summoned to parliament . e. . p. . e. . p. . henry beauchamp . or de bello-campo summoned to parliament e. . p. . e. . p. . roger beauchamp . or de bello-campo summoned to parliament e. . p. . e. . p. . . e. . p. . e. . p. . e. p. . r. . p. . r. . p. . iohn beauchampe de ridermist summoned to parliament r. . p. . thomas beauchampe de burgauenny , summoned to parliament r. . p. . william beauchampe de burgauenny summoned to parliament r. . p. . r. . p. , . r. . p. . ●● r. . p. . h. . p. ● . h. . p. . h. . p. . h. . p. , . h. . p. . h. . p. . sent to rich. . as a commissioner in the tower , when deposed , h. . p. . n. . iohn beauchamp knight , lord beauchamp , summoned to parliament h. . p. . h. . p. . h. . p. . h. . p. . h. . p. . e. . p. . e . p. . e. . p. . e. . p. . richard beauchamp de beauchamp , e. . p. . e. . p. . william beauchamp knight , lord of st. amond , summoned to par●●ament h. ● . p. . h. . p. . h. . p. . h. . p. . dukes of bedford . iohn duke of bedford summoned to parliament h. . p. . h. . p. . h. . p. , h. . p. . h. . p. , . h . p. . h. . p. . h. . p. . h. . p. . the earldom of richmond con●erred on him . h. . p. . n. . h. . p. . . h. . p. . gardian or keeper of england , h. . . h. . h. . . h. . p. ● . security for moneys advanced , h. . p. . n. . made protector or defendor of the realm and chief councellor by parliament , h. . p. . n. . . h. . p. . n. . his wife anne made a denizen , and lands granted to him , h. . p. . n. , . the great seal re●igned to him , he hath the custody of berwick castle to him and his heirs males , h. . p. . n. , releaseth his protectorship in full parliament , h . p. . n. . the speaker and commons commend him in parliament for his service in france : he is to attend about the kings person as his chief counsellor ; his allowance for it , h. . p. . n. . to . george nevil , created duke of bedford e. . p. . n. . roger bernes knight , summoned to parliament e . p. . thomas de berkley summoned to parliament e. . p. . e. . p. . e. . p. . e. . p. . e. . p. . . e. . p. . e. . p. . maurice de berkley , summoned to parliament e. . p. . e. . p. . r. . p. . r. . p. . r. . p. . thomas de berkley , summoned to parliament r. . p. . r. . p. , . r. . p. , . r. . p. . r. ● . p. , . r. . p. . r. . p. . . r. p. . r. . p. . r , p. . r. . p. . r. . p. , . r. . p. . ● . . p. . h. . p. . . h. . p. . h. . p. . h. . p. , . h. . p. . h. . p. . h. . p. . h. . p. . h. . p. . h● . p. . h. . p. , . h. p. . a commissioner at the resignation and deposition of rich. . h. . p. . n. . p. , . n. , . iames de berkley summoned to parliament h. . p. . h. . p. . h. . p. . h. . p. . h. . p. . . h. . p. . h. . p. . h. . p. . & . h. . p. . h. . p. , ● h. . p. , . h. . p. . h. . p. . h. . p. . h. . p. . h. . p. . h. . p. . e. . p. . e. . p. . e. . p. . richard de berkley , summoned to parliament h. . p. . iohn de berkley summoned to parliament h. . p. . william de berkley knight , summoned to parliament e . p. . viscount berkly , e. . p. . e. . p. . an act that he shall penceably enjoy the mannors of wotton under edge , &c. e. . p. . n. . lands limited to descend to him , p. . n. . ralph de bevil summoned to parliament e. . p. . william blunt summoned to parliament e. . p. . walter blunt de mountjoy summoned to parliament e. . p. . e. . p. ● . e. . p. . e. . p. . iohn blunt de mount●oy knight summoned to parliament e. . p. . iohn bohan of dunster , summoned to parliament e. . p. . william boneville knight , lord of boneville and chaton , summoned to parliament h. . p. . h. . p. . h. . p. . h. . p. . h. . p. . knight of the garter , and beheaded for adhereing to the duke of york . e. . p. . n. . william de boteler of ●●mms , summoned to parliment e. . p. . e. . p. ● . ralph de b●teler of suly of sudly knight , summoned to parliament h. . p. . h. . p. . . h. . p. , . h. . p. . h . p. . h. . p. . h. . p. . h. . p. . h. . p. . e. . p. . e. . p. . e. . & . e. . p. . william de botreaux or bortreaux knight , summoned to parli●ment e. . p. . . e. . p. . e. . p. . ● r. . p. . r. . p. . r. . p. , . r. . p. ● . r. . p. . r. . p. . r. . p. ● r. . p. . r. . p. . r. . p. . iohn de botreaux summoned to parliament r. . p. , . r. . p. . william de botreaux knight summoned to parliament h. . p. . h. . p. . h. . p. . h. . p. . h. . p. . h. . p. . h. . p. . h. . p. . h. . p. , . h. . p. . h. . p. , . h. . p. . h. . p. . h. . p. . h. . & h. . p. . h. . p , . h. . p. ●● ● h. . p. . h. . p. . h. . . h. . p. . h. . p. . ● h . p. ● . h. . p. . h. . p. . e. . p. . iohn de bottort summoned to parliament e . p. . iohn de bottort , or botut●ort summoned to parliament r. . p. . r. . p. . bartholomew bourchier summoned to parliament e. . p. . e. . p. . e. ● . p. . iohn de bourchier summoned to parliament r. . p. . r. . p. , . r. . p. . r. . p. . r. . p. , . r. . p. . r. . p. . r. . p. . r. . p. . r. . p. . r. . p. , . r. . p. . r. . p. . h. . p. . thomas de bourchier summoned to parliament , r . p. . r. . p. ● . bartholomew de bourchi●r summoned to parliament h. . p. . h. . p. . h. . p. ● , . h. . p. . h. . p. . henry bourchier knight , summoned to parliament , . h. . p. . h. . p. , . h. . p. , . h. . p. . made viscount bourchier , so summoned h. . p. . h. . p. . h. . p. . h. . p. . h. . p. . h . p. . e. . p. . william bourchier knight , lord fitz warren summoned to parliament h. . p. . h. . p. . h . p. . h. . p. . h. . p. . h. . p. . e. . p. . e. . p. . e. . p. . iohn bourchier de bruers , or barns knight summoned to parliament h. . p. . h. . p. . e. . p. . e. . p. . e. . p. . e. . p. . e. . p. . fulle bourchier de fitz-warren , summoned to parliament e. . p. . humphrey bourchier de cromwel kt. summon - to parliament e. . p. . thomas de bradeston summoned to parliament e. . p. , . e. . p. . e. . p. . e. . p . william de brewosa summoned to parliament e. . p. . thomas de brewes summoned to parliament e. . p . duke of brahant , e. . p. . duke of britain , ● h. . p. . e. . p. . william broms●●ot lord of vessey , summoned to pa●liament h. . p. . h. . p. . henry bromfleet lord of vessey , summoned to parliament h. . p. . h. . p. . e. . p. . e. . p. . e. . p. . edward brooke of cobham summoned to parliament h. . p. . h. . p. , . h. . p. . h. . p. . h. . p. . h. . p. . h. . p. . h. . p. . e. . p. . e. . p. . iohn brooke of cobham , summoned to parliament e. . p. . e. . p. . e. . p. . guido de bryan or brian summoned to parliament e. . p. . . e. . p. . e. . p. . e. . p. . e. . p. . e. . p. . e. . p. . e. . p. . e. . p. . r. . p. . r. . p. . r. . p. . r. . p. , . r. ● . p. . r. . p. . r. . p. . r. . p. . earls and dukes of buckingham . thomas de wodstock earl of buckingham , and marshal , summoned to parliament r. ● . p. . r. . p. . r. . p. . r. ● . p. , . r. . p. , . imploied in britain , r. . p. . n. . the commons desire to confer with him , r. p. . n. . humphrey duke of buckingham , summoned to parliament h. . p. . h. . p. . h. . p. . h. . p. . h. . p. . h. . p. . h. . . h. . p. . lord steward for the time , h. . p. . n. . henry duke of buckingham , summoned to parliament e. . p. . e. . p. . thomas de bugworth summoned to parliament e. . p. . maurice de buin summoned to parliament e. . p. . ralph de bulmer summoned to parliament e. . p. . duke of burbon prisoner , and a treaty about his ransome , h. . p. , . n. . . duke of burgain or burgundy , h. . p. . a combate 'twixt him and the duke of glocester prohibited , . h. . p. . n. . in league with the french , h. . p. . n. . king edward . allyeth himself with him , and marrieth margaret his sister to charls duke of burgundy , e. . p. . n. , . bartholomew de burghershe , summoned to parliament e. . p. . e. . p. . e. . p. , . e. . p. . e. . p. . e. . p. . . e. . p. . nicholas burnel summoned to parliament e. . p. , . e. . p. . e. . p. . e. . p. . e. . p. . e. . p. . e. . p. . r. . p. . r. . . r. . p. . hugh burnel summoned to parliament r. . p. , . r. . p. , . r. . p. . r. . p. , . r. . p. . r. . p. . r. . p. . r. . p. . r. . p. . r. . p. . r. . p. . r. . p. . h. . p. , . h. . p. . h. . p. . h. . p. , . h. . p. . h. . p. . h. . p. . h. . p. . h. . p. . h. . p. . h. . p. , . h. . p. . h. . p. . h. . p. , . one of the committee to depose king rich. . h. . p. . n. . thomas burnel summoned to parliament h. . p. . c. earls of cambridge . marques of iuliers made earl of cambridge , e. . p. . n. . edward the kings son , created earl of cambridge in parl●ament e. . p. . n. . , summoned to parliament by that title , ● e. . p. . e. . p. e. . p. . e . p. . e. . p. . r. . p. . r. . p. . r. . p. , . r. . p. , . r. . p. . the commons desire him to be one of the lords to confer with them , r. . p. . n. . richard earl of cambridge summoned to parliament h. . p. . the process & judgement against him in the parliament of . h. . repealed , e. . p. . n. . hugh de camois summoned to parliament e. . p. . e. . p. . thomas camoi● knight , summoned to parliament r. . p. . r. . p. , . r. . p. . r. . p. . r. . p. , . r. . p. . r. . p. . r. . p. . ● r. . p. r. . p. . r. . p. . r. . p. , . r. . p. . r. . p. ● . h. . p. . h. . p. . h. . p. . h . p. , . h. . p. . h. . p. . h. . p. . ● h. . p. . h. . p. . h. p. . h. . p. . h. . p. . h. . p. . h. . p. . nicholas de cantilupo summoned to parliament e. . p. . e. . p. . e. . p. . e. . p. , . e. . p. . roger de chandos summoned to parliament e. . p. . e. . p . e. . p. . e. . p. , . . e. . p. . e. . p. . e. . p. . william de chandos summoned to parliament e. . p. . iohn de charleton de powis summoned to parliament e. . p. . e. p. . e. . p. . e. . p. . e. . p. . e. . p. , . e. . p. . e. . p. . iohn de charleton de powis , summoned to parliament e. . p. . . e. . p. . e. . p. . e. . p. . r. . p. , . r. . p. . r. . p. . r. . p. . r. . p. , . . r. . p. . r. . p. . r. . p. . r. . p. . r. . p. . r. . p. . r . p. . . r. p. . r. . p. . h. . p. . h. . p. . e●ward charleton de powis summoned to parliament h. . p. . h. . p● , h. p. . h. . p. . h. . p. . h. . p. . h. . p. . h. . p. . h. . p. , . h. . p. . h. . p. . h. . p. , william cheyney chief justice , summoned to parliament h. . p. . h. . p. . earls of chester . prince edward , summoned to parliament e. . p. , . e. . p. . e. . p. . prince richard , e. . p. , . e. ● p. . n. . prince henry , h. . p. . n. , . prince edward h. . p. . n. . h. . p. . n. . dukes of clarence . lionel the kings son created duke thereof , e. . p . n. . thomas duke of clarence summoned to parliament , h. . p. . h. . p. . h. . p. . h. . p. , . george duke of clarence , summoned to parliament e. . p. . e. . p. . e. . p. . roger de claudes summoned to parliament e. . p. . iohn de claverings summoned to parliament e . p. . . e . p. . rob●rt de clifford summoned to parliament e. . p. . e . p. . ordered to defend the north counties , e. . p. . n. . roger de clifford summoned to parliament e. . p. . e . p. . e. . p. . e. . p. . e. . p. . r. . p. . r. . p. . r. p. . r. . p. . . r. . p. , . r. . p. . r , . p. . r. . p. , . r. . p. . iohn de clifford summoned to parliament r. . p. . r. . p. . r. . p. . thomas de clifford summoned to parliament r. . p. . r. . p. . r. p. . iohn de clifford summoned to parliament h. p. . h. . p. . h. . p. . . h. . p. . h. . p. . h. . p. . thomas de cl●fford summoned to parliament h. . p. . h. . p. . h. . p. , . h. . p. . h. . p. . h. . p. . iohn de clifford knight , summoned to parliament h. . p. . h. . p. . iohn de clifton summoned to parliament r. . p. . r. . p. . r. . p. . r. . p. . constantine de clifton summoned to parliament r. . p. . r. . p. . iohn de clinton summoned to parliament e. . p. . e. p. . e , p. . r. . p. . r. . p. . r. . p. . r. . p. , . r. . p. , . r. . p. . r. . p. . r. . p. , . r. . p. . r. . p. . r. . p. . . r. . p. . r. . p. . r. . p. . r. . p. . . r. . p. . william de clinton , summoned to parliament r. . p. . h. . p. . h. h. . p. . h. . p. . h. . p. , . h. . p. . h. . p. . h. . p. . h. . p. . h. . p. . h. . p. . h. . p. . h. . p. , . h. . p. . h. . p. . h. . p. . h. . p. , . h. . p. . h. . p. . iohn de clinton summoned to parliament h . p. . h. . p. . e. . p. . e. . p. . adheres to the duke of york against h. . h. . p. . n. . henry de cobham summoned to parliament e. . p. . e. . p. . stephen de cobham summoned to parliament e. . p. . reginald de cobham summoned to parliament e. . p. . e. . p. , . e. . p. . e. , p. . iohn de cobham of kent , summoned to parliament e. . p. , . e . p. . e. . p. . iohn de cobham of kent , summoned to parliament r. . p. . r. . p. . r. . p. , . r. . p. . . r. . p. . r. . p. . r. . p. , . r. . p. . r. . p. . r. . p. . r. . p. . r. . p. . r. . p. . r. . p. . . r. . p. . h. . p. . h. . p. . h. . . h. p. , . h. . p. . robert de colvil summoned to parliament , e. p. , . e. . p. . e. . p. . e. . p. . e. p. . e. . p. . philip de columber summoned to parliament e. . p. . . e. . p. . . e. . p. . peter corbet summoned to parliament e. . p. . ralph de cornwal , summoned to parliament , r. . p. . sir iohn cornwal knight , summoned to parliament , h. . p. . h. . p. . h. p. . dukes of cornwal . prince edward , e. . p. , . e. . p. . e. . p. . prince richard e. . p. , . e. . p. . prince henry , h. . p. . n. . . prince edward , h. . p. . n. , . hugh de courtney summoned to parliament , e. . p. . e. p. . robert de crendon summoned to parliament e. . p. . iohn de cromwel summoned to parliament e. . p. . e . p. . r. . p. richard de cromwel , summoned to parliament r. . p. . ralph de cromwel summoned to parliament r. . p. . r. . p. , . r. . p. , . r. . p. . r. . p. . r. . p. , . r. . p. . r. . p. . r. . p. . r. . p. . r. . p. . r. . p. , . r. . p. . r. . p. . h. . p. . h. . p. , . h. . p. . h. . p. . h. . p. . h. . p. . h. . p. . h. . p. . h. . p. , . h. . p. . h. . p. . h. . p. , . h. . p. . h. . p. , . h. . p. . h. . p. . h. . p. . h. . p. . h. . p. . h. . p. . h. . p. . h. . p. . h. . ● . ● . h. . p. . h. . p . ● h. . p. . h. . p. . h. . p. . chamb●r●ai● , discharged thereof by the councel without fault , h. . p. . n. . demandeth surety of the peace in parliament of the duke of york , h. . p. . n. . william talboys committed for offering to slay him in parliament , h. . p. . n. . richard de cromwel knight summoned to parliament h. . p. . iohn cromwel knight , lord of fanhope , summoned to parliament h. . p. . h. . p. , . h. . p. . his obit erected in cornwal chappel , confirmed by parliament , h . p. . n. . humphrey lord cromwel , summoned to parliament , e. . p. . e. . p. . henry cuart summoned to parliament h. . p. . earls of cumberland . iohn the kings brother , summoned to parliament e. . p. . d. ralph de dacre , summoned to parliament e. . p. . e. . p william de dacre , summoned to parliament e. . p. , . e. . p. . ● . . p. . e. . p. . ralph de dacre , summoned to parliament e. . p. . e. . p. . e. . p. . e. . p. . hugh de dacre knight , summoned to parliament r. . p. . r. . p. . r. . p. . thomas de dacre , summoned to parliament r. . p. . william de dacre summoned to parliament r. p. . r. . p. . r. . p. . r. . p. . r● . p. . r. . p. . r. . p. . r● . p. . r. . p. . r. . p. . r. . p. . r. . p. . r. . p. . h. . p. . . h. . p. . h. . p. . philip de dacre summoned to parliament r. . p. , . iohn de dacre summoned to parliament h. . p. . h. . p. , . thomas de dacre of gisland , summoned to parliament h. . p. . h. . p. . h. . p. , h. . p. . h. . p. . h. . p. . h. . p. . h. . p. . h. . p. . h. . p. . h. . p. . h. . p. . h. . p. . h. . p. , . h. . p. . h. . p. . h. . p. . & h. p. . h. . p. . h. . p. , . h. . p. . h. . p. . h. . p. . h. . p. . h. . p. . h. . p. . h. . p. . h. . p. . iohn dacre de gisland kt. summoned to parliament h. . p. . reginald dacre de gisland summond to parliament h. . p. . humphrey dacre de gisland summoned to parliament e. . p. . e. . p. . richard damorey summoned to parliament e. . p. . henry dandle summoned to parliament e. . p. . philip darcy summoned to parliament e. . p. . iohn darcy de knayth summoned to parliament e. . p. . e. . p. . e. . p. . philip de darcy , summoned to parliament r. . p. . r. . p. . r. . p. . r. . p. . r. . p. . r. . p. . r. . p. . r. . p. . r. . p. . thomas de darcy summoned to parliament ● r. . p. . r. . p. , . r. . p. , . hugh de darcy summoned to parliament . r. . p. . iohn de darcy summoned to parliament r. . p. . h. . p. . h. . p. . h. . p. . h. . p. . h. p. . ely dawbenncy summoned to parliament e. . p. . edward deinecourt summoned to parliament e. . p. . william de deinecourt summoned to parl●ament ● e. . p. . e. . p. . . e . p. . e. . p. . e. . p. . e. . p. . iohn de deinecourt summoned to parliament e. . p. . iohn denham de cary kt. summoned to parliament e. , p. . e. . p. . e . p. . e. . p. . earls of derby . henry earl of derby , summoned to parliameat e. . p. . e. . p. . surety in parliament for sir william de la pool , e. . p. . n. . henry of lanc. earl of derby summoned to parliament r. . p. . r. . p. . r. . p. , . r. . . r. . p. . r. . p. . r. . p. . r. . p. . his loyalty declared in parliament in deserting the rebels , r. . p. . n. . created duke of hereford , r. . p. . n. . the stile of iohn duke of lancaster , earl of derby , when henry was earl thereof , r. ● . p. . n. . edward de le despencer summoned to parliament e. . p. . h●gh le despencer summoned to parliament , e. p. . e. p. both senior and junio● , ib. his attainder in parliament reversed , his great wealth and revenue , r. . p. , . n. . to . hugh le d●spencer summoned to parliament e. . p. , . e. . p. . e. . p. . edward le despencer summoned to parliament e. . p. . ph●lip le despencer summoned to parliament r. n. p. . r. . p. . r. . p. . r. . p. . r. . p. . r. . p. ● r. . p. . r. . p. . r. . p. . h. . p. . thomas le despencer summoned to parlia - r. . p. . r. . p. . one of the lords appellants in parliament , r. . n. . attainted of treason , h. . p. . n. . the judgement against him in parliament made void , e. . p. . n. . iohn devereux summoned to parliament r. . p. ● . r. . p. . r. . p. . r. . p. , . r. . p. . r. . p. . r. . p. . r. . p. , . walter devereux , lord ferriers , summoned to parliament . . e. . p. . e. . p. . & e. . p. . e. . p. . earls of devon. hugh de courtney summoned to parliament e. . p. . e. . p. . e . p. . e. . p. . humphrey de courtney summoned to parliament e. . p. . e. . p. . hugh de courtney summoned to parliament e. . p. , . e. . p. . e. . p. . e. . p. . e. . p. . e. . p. . e. . p. . e. . p. . edward courtney summoned to parliament r. . p. . . r. . p. . r. . p. , r. . p. , . r. . p. . r. . p. . r. . p. , . r. . p. . r. . p. . r. . p. . r. . p. . r. . p. . r. . p. , . r. . p. r. . p. . h. . p. , . h. . p. . h. . p. . h. . p. , . h. p. . h. . p. . h. . p. h. . p. . h. . p. , . h. . p. . h. . p ● . h. . p. , . admiral of the wes● , r. . p. . n. . hugh courtney summoned to parliament h. . p. . thomas courtney summoned to parliament h. . p. , . h. . p. , . h. . p. . h. . p. . h. . p. . h. . p. , . h. . p. . h. . p. . h. . p. . h. . p. . accused of treason , and acquitted h. . p. . n. . con●ention between him and the earl of a●u●del for precedency , h. . p. . n. . attainted of treason after his death e. p. n. . henry earl of devo● summoned to parliament h. . p. . marquesses and earls of dorset . sir iohn beauford earl of somerset , created marquess of dorset r. . p. . n. . summoned to parliament r. . p. , . r. . p. , h. . p. one of the lords appellants , and admiral , p. . n. , . impeached degraded h. . p. . n. . thomas beauford earl of dorset summoned to parliament h. . p. . h. . p. , . edward earl of dorset summoned to parliament h. . p. . made marquess of dorset , and so summoned to parliament h. . p. . his petition , ● h. . p. . n. . thomas marquess of dorset , summoned to parliament e. . p. . e. . p. . marquess of dublin . robert de vere earl of oxford , created marquess of dublin , r. . p. , . n. . summoned to parliament r , . p. . iohn lord dudley taken prisoner h. . p. . n. . earl of dunnois in france , h. . p. . n. . earl of dunbar , and the earl of northumland , reconciled in and by parliaments , h. . p. , n. . earl of march and the kings leige-man h p n . e. william de effingham summoned to parliament e. . p. . earls of essex . humphrey de bohun summoned to parliament e. . p. . e. . p. . iohn de bohun summoned to parliament e. . p. . h. . p. ● . n. . henry bohun summoned to parliament e. p. . hugh de bohun summoned to parliament e. . p. . william de bohun summoned to parliament e. . par. . p. . humphrey de bohun summoned to parliament e. . p. . e. . p. . e. . p. . e. . p. . e. . p. . his daughters and coheirs , h. . p. . n. . thomas , earl of essex and buckingham created duke of gloucester , r. . p. . n. . henry earl of essex , summoned to parliament e. . p. . e. . p. . e. . p. . e. . p. . ader de es●lye summoned to parliament e. . p. . william de e●re summoned to parliament , r. . p. . dukes of exeter . iohn holland earl of huntington , created duke of exeter , r. . p. . n. , p . n. . one of the lords appellant● , p. . n. . summoned to parliament , r. . p. . h. . p. . impeached and degraded h. . p. . n. , . thomas duke of exeter his creation and request in parliament , h. . p. . n. . summoned to parliament h. . p. . h. . p. . h. . p. . h. . p. ● , . h. . p. , . his relation of h. . hi● repentance for taking away the lord scroops lands , h. . p. . n. . hath the wardship of the lord roos body , and lands h. . p. . n. . henry duke of exeter , summoned to parliament h. . p. . h. . p. . . h. . . h . p. . surety of the peace gran●ed against him in parl. at the motion of the lord cromwel , h. . p. . n. . attainted of treason for being against edw. . e. . p. , . n. . anne his wife , edw. . sister , hath lands granted her for her own use , e. . p. . n. . william de eyrm . summoned to parliament e. . p. . f. iohn de fallesly knight , summoned to parliament r. . p. . r. . p. . r. ● . p. . r. . p. , . r. . p. r. . p. . r. . p. . r. . p. . iohn de falconbridge or fawconbridge , summoned to parliament e. . p. . e. . p. . e. . p. . e. . p. . walter de fawconbridge summoned to parliament e. . p. , . e. . p. . e. . p. . e. . p. . iohn de ferrariis , or ferrers , summoned to parliament e. . p. . william de ferrariis summoned to parliament e. . p. . henry de ferrariis summoned to parliament e. . p. . william de ferrariis , summoned to parliament e. . p. . henry de ferrariis summoned to parliament ● r. . p. . r. . p. . r. . p. , . r. . p. , . r. . p. . r. . p. . r . p. . walter de ferrariis de wemms , or wenne , summoned to parliament r. . p. . robert de ferrariis of wemme , summoned to parliament r. . p. . william de ferrariis , or ferrers de groby knight , summoned to parliament r. . p. , . r. . p. ● . r. . p. . h. . p. , . h. . p. . h. . p. h. . p. , . h. . p. . h. . . h. . p. . h. . p. . h. . p. . h. . p. . h. . p. . h. . p. . h. . p. , . h. . p. . h. . p. . h. . p. , . h. . p. . ● . h. . p. . h. . p. . h. . p. . h. . p. . h. . p. . h. . p. , . h. ● . p. , . h. . p. . h. . p. . h. . p. . h. . william de finecourt , summoned to parliament e. . p. . e. . p. . william fitz-bernard , summoned to parliament e. . p. . henry fitz-hugh , summoned to parliament e. . p. . e. . p. . e. . p. . e. . p. . e. . p. . e. . p. 〈◊〉 e. . p. ● , . henry de fitz●ugh summoned to parliament r. ● , p. ● . r. . p. . r. . p. . r. . p. , . r. . p. . r. . p. . r. . p. . r. . , . r . p. . r . p. . r. . p. . r. . p. . r. . p. . r. . p. , . r. . p. . h. . p. , . h. . p. . h. p. . h. . p. , . ● h . p. . h . p. . h. . p. . h. . p. . h. . p. . h. . p. . h. . p. . h . p. , . william fitz-hugh his heir , h. . p. ● . n. . executor to h. . h. . p. . n. . william fitz-hugh knight his petition in parliament , h. . p. . n. . summoned to parliament h. . p. . h. . p. . h. . p. . & h. p. . h. . p. , . h , . p. , . h . p. . h. . p. . h. . p. . h. . p. . h. . p. . h. . p. . henry fitz-hugh summoned to parliament h. . p. . e. . p. . e . p. . e. . p. . e. . p. ● . richard fitz hugh kt. sum . e . p. ● . robert fitz pain , summoned to parliament e. . p. . e. . p. . e. p. , . robert fitz-walter summoned to parliament , e. . p. . e. . p. . iohn fitz-walter summoned to parliament , e. . p. . e. . p. , . e. . p. . e. . p. . e. . p. . walter fitz walter summoned to parliament r. . p. . r. . p. . r. . p. . r. . p. , . r. . p. , . r. . p. . r. . p. r. . p. . r. . p. . , . r. . p. . h. . p. , . h. . p. ● . h. . p. . . h. . p. , . his sons w●rdship granted to the earl of somerset , h. p. . n. . walter fitz-walter knight , summoned to parliament h. . p. . h. . p. . fulke fitz-waren summoned to parliament e. . p. . e. . p. . ralph fitz-walter barn. de knowel . sumoned to parliament e. . p. . thomas de furn●val senior and junior summoned to parliament e. . p. . e. . p. . e. . p. , . iohn de furnival summoned to parliament edw. . p. . e. . p. . thomas de furnival summoned to parliament e. . p. . e. . p. . william de furnival summoned to parliament e. . p. , e. . p. . r. . p. . . r. . p. . r. . p. . thomas lord furniual , treasurer of war , h. . p. . n. , . ● h. . p. . n. . iames fynes , kt. lord say and seal , summoned to parliament h. . p. . h. . p. . william fynes lord say and seal , summoned to parliament h. . p. . h. . p. . e. . p. . e. . p. . . e. . p. . . e. . p. . richard fynes , lord de dacre knight , summoned to parliament h. . p. . e. . p. . e. . p. . e. . p. . e. . p. ● . e. . p. e. . p. . g earl of gaucourt , french , exchanged , h. . n. ralph de georges summoned to parliament e. . p. . richard de glocester summoned to parliament e. . p. . e. ● p . earls and dukes of glocester . ralph de mont-herme earl of glocester , e. . p. . hugh de audeley earl of glou●ester , summoned to parliament , e. . p. . e. . p. . e. . p. . thomas earl of buckingham and essex , created duke of gloucester , r. . p. . n. . constable of england , ib. summoned to parliament r. . p. . r. . p. , . r. . p. . r. . p. . r. . p. . r. . p. . r. . p. . r. . p. . r. . p. . slandered for going about to depose the king , and acquited thereof in parliament . r. . p. p. . n. . one of the five lords apellant , ib. n. . constable of england , his complaint against sir thomas talbut , r. . p. . n. . impeached for incroaching royal jurisdiction , r. . p. . n. . his pardon revoked , ib. n. . his trayterous assembly against the king , r. . p. . n. . his impeachment and attainder of high-treason , ib. p. , , . apprehended , sent prisoner to calice , and there murdered by king rich. . his command , who is articled against for it , and repealing his pardon , h. . p. . n. , . the lords appellants art. r. . impeached for having a hand in his murder , the manner whereof it at large confessed by iohn hall , who is condemned and executed as a traitor , for having a hand in his murder , h. . p. , , . his precedency when appellant , h. . p. . his daughters , p. . thomas le dispencer created earl of gloucester , r. . p. ● . n. . petitions for the revocation of the judgment against his grandfather , ib. p. ● . n. , . his oath and release in parliament , ib. p. . n. . summoned to parliament r. . p. . r. . p. . h , . p. . ● commissioner in deposing r. . h. . p. . n. . impeached degraded , and his lands forfeited , h. . p. , . humphrey duke of gloucester summoned to parliament h. . p. . h. . p. . h. . p. , . h. . p. . h. . p. p. . h. . p. . h . p. , . h. . p. . h. . p. . h. . p. h p. , . h . p. . h . p. , . h. . p. , . h. . p. . h. . p. , . he held the parliament by commission , and is made lord protector , chamberlain and constable of england , h. . p. . n. , . p. . n. . to . h. . p. . n. . the great-seal resigned , and speaker presented to h●m , p. . n. , . commons suit to him , h● . p . n. . appealed to , h. . p. . earl marshals petition to him , p. . his oath , and proroguing of the parliament p. . n. , . the king lends him money upon security , p. . n. . dis●ention between him and the bishop of winchester appeased , h. . p . n. ● . the bishops submission to him , p. . n. . his power as protector declared p. . n. , to . the kings principal counsellor , h. . p. . n. . h. . p. . n. . h. . p . n. . he purgeth the cardinal of a slander● p . n. his c●eation as duke by h. . and petition , h. . p . n. . made governor of calice and ryebanks , h. . p. n. . his care for paying the souldiers thereof , h. . p. n , . a license to him to make a park at greenwich , p . n. . overseer of qu. kath. will. p. n. . richard duke of glocester sum . to par . e. p. . e. p. . e . p. . his devise to get the crown settled on him by the peoples and parliaments importunity r. . p. , , &c. william de grandeson sum . to par . e. . p iohn de grey sum . to par e. . p. . rich. de grey sum . to par . e. . p. . e. . p. henry de grey sum . to par . e. . p. . . e. . p. , . roger de grey sum . to par . e. . p . e. . p. , . e. . p. . e. . p. . e. . p. . e. . p. , . iohn de grey de rotherford sum . to par . e. . p. , . e. . p. . e. . p. . e. . p. , . e. . p. . e. . p. . e. . p. . e. . p. e. . p. . reginald de grey de ruthin kt. sum . to par . e. . p. e. . p. . . e. . p. . e. p. , . e. . p. . e. . p. . e. p. e. . p. . e. . p. . e. . p. . e. . p. . e. . p. . r. . p. r. . p. . r. . p. , r. . p. , . r. . p. . r. . p. . r. . p. . r. . p. . r. . p. . r. . p. . r. . p. r. . p. , . r. . p. . r. . p. h. . p. , . h . p. . h . p. . ● h. . p. , . h. . p. . h. . ● h. . p. h. . p. . h. . p. . h. ● p. , . h. . p. . h. . p. , . ● h. . p. . h. . p. h. . p. . h. . p. . h. . p , h. . p. , . h. . p. h. . p. . h. . p. . & h. . p. . h. . p. . h. . p. . iohn grey de codenore , son of richard , summoned to parliament e. . p. . e. . p. . e. . p. . e. . p. , . e. . p. . e. . p. . e. . p. . e . p. ● . e. . p. , e. . p. . e. . p. . e. . p. . r. . p. . r . p. . r. . p. . r. . p. , . r. . p. , . r. . p. . r. . p. r. . p. . r. . p. . r. . p. . r. . p. . r. . p. . henry de grey de shirland , summoned to parliament e. . p. . henry de grey de wilton , summoned to parliament r. . p. . r. . p. . r. . p. . r. . p. , . r. . p. . r. . p. . r. . p. , . r. . p. . r. . p. . r. . p. . r. . p. . r. . p. r. . p. . richard grey de codonere summoned to parliament r. . p. . r. . p. , . r. . p. . r. . p. . h. . p. . . h. . p. . h. . p. , . h. . p. . . h. . p. . h. . p. . ralph grey de raby summoned to parliament r. . p. . iohn grey de codonore kt. summoned to parliament h. . p. . h. . p. , . h . p. . h. . p. . h. . p. . henry grey de codonore kt. summoned to parliament h. . p. . h. . p. . h. . p. . & h p. . h p. . h p . leonard lord grey of ruthin summoned to parliament ● h. . p. . edward lord grey of ruthin kt. summoned to parliament h. . p. . h. . p. . h. . p. . h. . p. . h. p. ● . h. . p. . h. . p. . h p. . e. . p. . e. . p. . e p . edward lord gr●y de groby kt. summoned to parliament h. . p. . h. . p. . h. . p. . h. . p. . h p . h. . p. . h. . p. . reginald grey de wilton kt. summoned to parliament h. . p. . h. . p. , . h. . . h. . p. . h. . p. . h. . p. . e. ● p. . e. . p. . e. . p. . e. . p. . henry grey kt. summoned to parliament ● . . p. . e. . p. . e. . p. . & e. . p. . richard grey , lord powis , pardoned for treason , but his lands forfeited , h. . p. . n. , . iohn grey late lord● rongemont , attainted of treason , e. . p. . . n. . edward grey de lisle summond to parliament e. . p. . iohn grey de lisle summoned to parliament e. . p. . thomas grey of richmond summoned to parliament h. . p. . h. . p. . h. . p. . h. . p. . e. . p. . reginald grey de wilton kt. summoned to parliament e. . p. . e. . p. . iohn grey de powis summoned to parliament ● . . p. . henry grey kt. summoned to parliament e. . p. . iohn de greystock summoned to parliament e. . p. . ralph de greystock summoned to parliament e. . p. . william ●aron de greystock summoned to parliament e. . p. . e. . p. . ● e . p. . e. . p. . ralph baron de greystock , summoned to parliament r. . p. . r. . p. . r. . p. . r. . p. , . r. . p. , . r. . p. . r. . p. . r. . p. . r. . p. . r. . p. . r. . p. . r. . p. . r. . p. . . r. . p. . ● h. . p. , . h. p. . h. . p. . h. . p. . h. . p. . h. . p. . h. . p. . h. . p. . h. . p. , . h. . p. . h . p. . h. . p. , . iohn baron de greystock summoned to parliament h. . p. . h. . p. . h. . . h . p. . h. . p. . h. . p. h. . p. , . h. . p. . h. . h. . p. . & h. . p. . ralph baron de greystock summoned to parliament h. . p. , . h. . p. , . h. . p. . h. . p. . h. . p. . h. . p. . h. . p. . h. . p. . ● h. . p. . h. . p. h. . p. . e. . p. . e. . p. e. . p. . e. . p. . e. . p. . e. . p. . ingram de grymes summoned to parliament e. . p. . h andrew de harnloe summoned to parliament e. . p. . william hankford summoned to parliament h. . p. . h. . p. . serton de hansladron summoned to parliament e. . p. . duke of ha●ns , e. . p. . n. . iohn de harrington summoned to parliament e. . p. . e. . p. . e. . p. . e. . p. . e. . p. . robert de harrington summoned to parliament r. . p. . r. . p. . r. . p. . r. . p. , . r. : p. , . r. . p. ● . r. . p. , . r. . p . r. . p. . r. . p. . r. . p. . r. . p. . r. . p. . r. . p. , . r. . p. . r. . p. . h. . p. , ● . h. . p. . h. . p. . h p . . h p . h p . h p . h p . h p . h p . william de harrington summoned to parliament , h . p . h . p . h . p . h . p . h . p , . h . p . h . p , . h . p . h . p . h . p . & h . p . h . p , . h . p . h . p . iohn de hastings summoned to parliament , e p . lord hastings chancellor of france , h . p . n . william hastings de hastings knight summoned to parl. e . p . e . p . e . p . e . p . edward hastings de hungerford summoned to parliament , e . p . richard de hastings de wells summoned to parliament , e . p . william herbert knight summoned to parliament , e . p . dukes and earls of hereford . ralph de mons herme earl of hereford summoned to parliament , e . p . humfry de bohun earl of her. summoned to parl. e p . see a h p n . iohn de bohun earl of her. summoned to parliament , e . p . henry de bohun earl of her. summoned to parliament , e . p . e . p . william de bohun summoned to parliament , e . par. . p. . humfry de bohun summoned to parliament , e . p . e . p . e . p . e . p. . henry earl of derby created duke of hereford , r . p . n . accuseth the duke of norfolk , p . n . one of the lords appellant , p . n . authorised to make an attorney , p , n . william heron knight , summoned to parliament , r . p . r . p , . r . p . h . p . h . p . h . p . h . p , . thomas hore or hoe knight summoned to parliament , h . p . h . p . h . p . thomas howard knight summoned to parliament , e . p . iohn howard knight summoned to parliament , e . p . walter hungerford knight summoned to parliament , h . p . h . p . h . p , . h . p . h . p . h . p . h . p . h . p , . h . p , . h . p . h . p . h . p . h . p . robert hungerford knight , lord mollins , summoned to parliament , h . p ● . h . p , . h . p . h . p . h . p . h . p . h . p ● attainted , e . p , n . robert hungerford senior , knight , summoned to parliament , h . p . h . p . william de huntingfield summoned to parliament , e . p . e . p . e . p . e p . iohn de huntingfield summoned to parl. e . p . e . p . e . p . earls of huntington . william de clinton e. h. summoned to parliament , e . p , . e p , . e . p . e . p . e . p , . e p . e . p . letters sent to him of the kings proceedings in france , e . p . n . to attend on the keeper of england● e . p , n . a surety for an accountant , p , n . guiscard de angle e. h. r . p . r . p . iohn holland created earl of huntington r . p . n . summoned to parl. r . p . r . p . r . p . r . p . r . p . r . p , . new created earl led by him in parliament , r . p . n . created duke of exeter , r . p . n . one of the lords appellants , p . n . impeached of treason and degraded , p . beheaded , and adjudged a traitor in parliament after execution , h . p . n . his wife , ● h . p . n . iohn de holland his son restored to blood , honor , lands , h . p . n . his livery stayed , h . p . n . a prisoner in france , his petition , and other prisoners given him towards his ransom , h . p . n . h . p . n , . h . p . n . summoned to parliament , h . p . h . p : h . p , . h . p . william earl of huntington summoned to parliament , e . p . henry husey summoned to parliament , e . p . e . p . henry hussey summoned to parliament , e . p , . e . p . e . p ● . i. robert de insula , or isle , summoned to parl● e . p . e . p . iohn de insula or isle summoned to parl. e . p . iohn de insula de rub●o monte summoned to parl. e . p , . e . p ● . vvarren de insula summoned to parl● e. p . r . p . r . p . r . p . dukes of ireland . robert de vere duke of ireland summoned to parl. r , p . lands intailed to him , his attainder , &c. r , p , n . the duke of lancaster pardoned for being with him after his ●udgment , p , n the statutes and acts against him repealed , upon the petition of iohn earl of oxford , e , p , n . dame philip his wife to enjoy her dower , h , p , n . philip dutchess of ireland , lands conveyed to her , h . p , n . k. earls of kendall . john duke of bedford , h . p . capiton , h , p , n . earls of kent . thomas e. k. summoned to parliament , e , p . edward the kings brother summoned to parl e p . iohn e k barred of arundel-castle , e , p , n . summoned to parl. e , p . thomas de holland e.k. summoned to parl. r . p . r . p , . r . p , . r . p . r . p . r . p , . r . p . r . p . r . p . r . p . r . p . r . p . r . p . attainted of treason , h . p . n . his wife endowed , h . p . n . edmund e.k. summoned to parl. r . p . quaere , tho. being then earl. iohn e.k. summoned to parl. r . p . quaere , since thomas was then earl , and summoned . edward e.k. summoned to parl. h . p . h . p . his assent to dower , h . p . n . edward e.k. summoned to parl. e . p . e . p . e . p . william de kerdeston summoned to parl. e . p . iohn de kinton summoned to parliament , e . p . l. john de laburn or leyburn summoned to parl. e . p . e . p . e . p . anthony de lacy summoned to parl. e . p . henry de lancaster summoned to parl. e . p . e . p . dukes and earls of lancaster . henry d. l. summoned to parliament , e . p . thomas e. l. his road , his lands seised and forfeited , e . p , . n , , . henry e.l. sum . to parl. e. . p . pardoned & restored , p . n , . to attend as counsellor on the duke of cornwal , e . p . n . sum. to parl. e . p . e . p . e . p . m de duke of lanc. and ●o summoned , e . parl. . p . e . p . e . p . e . p . iohn , king e . his son , created duke of lancaster in parl. with the ceremonies thereof , e . p . n . sum. to parl. by that title . e . p . e . p . e . p . e . p . r . p . r . p r . p . r . p . r . p . r . p , . r . p . r . p . r . p . r . p . r . p . r . p . r . p . king of castile , leon and arragon , ib. slandered of treason by the commons , who desired to confer with him and other lords ; he refused till purged of their slander , r . p . n , ● . feoffee in trust to e . r . p . n . sent into scotland to make a truce , r . p . n . imployed in the north against the scots , r . p . n , . the commons desire him for one of the committee to treat with , p . n . a fifteen granted toward his voyage into castile and portugal , whereof he was stiled king , r . p . n . his tenants of the dutchy of lancaster ought to sue livery ; his complaint concerning it , r . p . n . the kings councellor , r . p . n . created duke of aquitain , for which he doth homage , p . n● , . his stile , and his award confirmed in parliament , r . p . n , . accused by the earl of arundel for his arrogancie , &c. justified , and the earl ordered to make a submission to him in parliament , r . p . n . his complaint against sir tho. talbot , p . n . r . p . n . his chil●ren e●denizen'd and legitimated , p , n , . the kings intent to oppress him , r . p . n . one of the lords appellants , p . n . steward of england , p . n . gives judgment in treason , ib. n . his offer to conquer portugal and spain , and money required for that end , r . p . n ● . not to be spared out of the realm , r . p . n ● . henry duke of lancaster sum . to parl. r . p . h . p . repairs to r . in the tower , who renounceth & resigneth his crown to him , p . n , , , . banished by r. . without any mediation , p , n. , , . his claim of the crown in parl. elected and installed king , h . p , . n. , , , . prince henry created duke of lancaster , h . p . n. . william de latimer summoned to parl. e . p . e . p . e . p . e p . e p . r p . r p . impeached by the commons , censured by the king and lords , one of the kings councel , but put from it , e . p , . n. to . iohn de latimer summoned to parliament , h p . h p . h p . ● h p . h . p . h . . h p , . h p . h p . h p , . h p . h p . h p . h p . h p . h p. . h p , . h p . george de latimer knight summoned to parl● h p . h p . h . p . h p , . h p , . h p . h p . h p . h p . h p . h p . h p . e p . e p . e p . e . p . earls of lincoln . iohn duke of lancaster , ea. linc. r . p . n . earls of leicester . iohn duke of lancaster , r . p. . n . earl of longuil in france , r . p . n . richard lovel summoned to parl. e p . iohn lovel de fishmerch summoned to parliament , r p . r p . r p . r p , . r p , . r p . r p . r p , . r p . r p . r p . r p . r p , . r p ● r p . h . p . thomas lovel de halmshire summoned to parl. r . p . r p . thomas lovel de fishmerch summoned to parl. h p. . h p . iohn lovel de fishmerch summoned to parl. h p . h p . h p . h p . h p . h p . h p , . sworn to abide an award , h p . n . william lovel de fishmerch summoned to parliament , h p . h p . h p , . h p . h p . & h p , . h p , . h p , . h p . h p . h p , . h p . h p . h p . h p . h p . john lovel knight summoned to parl. h p . e p . e p . william lovel de morley summoned to parliament , e p . e p . francis lovel de lovel knight summoned to parliament , e p . anthony de lucy summoned to parl. e p . e p . thomas de lucy summoned to parl. e p . e p . e p ●● . e p . e p . e p . e p . e p . ralph de lumley knight summoned to parliament , r p . r p . r p . r p , . r p . r p . r p . r p . r p . r p . r p , . r p . r p . h p . attainted of treason by parl. h p . n . his heir sir iohn lumley restored h p . n . his attainder reversed , and thomas his heir restored , e p . n . thomas lord lumley knight restored , e p . n . summoned to parl. e p . e p . e p . e p . m. peter de malo-lacu summoned to parl. e p . e p . e p . e . p . e . p . e . p . e ● p . e . p . e . p . e . p . e p . e . p . e . p . r . p . r . p r . p . peter de malo-lacu summoned to parl. r . p . h . p , . h . p . h . p . h . p . . h . p . h . p . h . p . h . p . h . p . h . p. . walter de maney summoned to parl. e . p . e . p , . e . p . e . p . e . p . e . p . e . p . e p . earls of march. roger mortimer , impeached of treason , executed without triall , and all his lands forfeited , e . p , . n. , , ● hi● attainder reversed , e . p , . n to . roger de mortuo mari , or mortimer , e. ma. summoned to parl. e . p . recovers lands , r . p . n . edward de mortuo mari . e.m. summoned to parl. e . p . r . p , , n . edmund de mortuo mari . e. m. scire fac . against him on a writ of error , and his plea thereto , r . p . n to . p , n , . summoned to parl. r . p . roger de mortimer e. ma. scire facias against him upon error , r . p , n . his oath in parliament , r . p . n . one of the lords appellant , p , n . edward e.m. summoned to parl. h . p . h . p . h . p . h . p . h . p . h . p . h . p , . h . p . attainted for levying war against h . h . p , . n to . earl of march son to the duke of york sworn not to shorten king h . his dayes , h . p. , n . his allowance , p , n . iohn de marmion summoned to parl e . p . e . p . earls marshal . thomas mowbray created earl marshal , r . p , n . r . p . n . iohn earl marshal summoned to parl. h . p . h . p . h . p . h . p . thomas earl marshal , summoned to parl. h . p . h p . iohn earl marshal , the controversie between him and richard earl of warwick in parliament for precedencie , h . p , , , n . , n , , . restored to the dukedom of norfolk , ib. william mattin summoned to parl. e p . iohn matr●vers summoned to parl. e p. . e . p . richard de sancto mauro summoned to parl. e , p : e , p . e , p nicholas de sancto mauro summoned to parl. e . p . iohn de mohun summoned to parl. e● . p. . e . p . iohn de mohun de dunster summoned to parl. e ● p . e . p ● . e . p . e . e . p . his daughters and heirs and award concerning dunster castle , h● . p . n. . robert de monteacuto summoned to parl. e . p , . e . p . e . p . iohn de monteacuto summoned to parl. e . p . r . p . r . p , . r . p , . r . p . r . p . r . p. . r . p . r . p . r . p ● . will. de monte●●uto earl of sarum , vid. ib. robert de monte albo summoned to parl. e . p . william de morley summoned to parl. e , p . robert de morley summoned to parl. e , p . e , p . e , p . e , p . e , p , . e , p . e , p . e , p . william de morley summoned to parl. e , p . e . p . r , p . thomas de morley summoned to parl. r , p . r . p . r ● , p , . r , p , . r , p . r , p . r , p , . r , p . r , p . r , p . r , p . r , p , . r , p , . r , p . h . p , . h , p . h , p . h , p , . h , p . h , p . h , p . h , p . h . p . h . p . h , p . thomas de morley knight , summoned to parl. h , p . h , p . h . p . ralph de morley knight , summoned to parl. h , p . iohn de morley knight , summoned to parliament , h , p . h , p . robert morley knight , summoned to parl. h , p . roger de mortuo-mari , or mortimer de wigmore summoned to parl. e . p , . e . p ● e , p . richard de mortuo-mari , mortimer de wigmore summoned to parl. e . par. . p. . iohn de mowbray lord mowbray summoned to parl. e , p . e . p . e , p . e , p , e , p , . ● e . p . e . p . e ● p . commanded to repair to the defence of the north-marches , e . p . n. . keeper of barwick , a commission of justiceship made to him , and imprest money , e . p. , . n. , . iohn de mowbray de axholm , summoned to parl. e . p : e . p . thomas de musgrave summoned to parliament e , p , . e . p. . e . p . e , p . e . p. . e , p . e , p . iohn de musgrave summoned to parl. e . p. . n. ralph de nevil summoned to parl. e . p . e . p . e . p . e . p . e . p , . e . p● e . p . e . p . e . p . hugh de nevil sum . to parl. e p . nicholas de nevil summoned to parl. e . p . ● e . p . ralph de mont● hem●rtii summoned to parl. . e . p. . e . p . e . p . e . p. . iohn de nevil de raby summoned to parl. e . p . e . p . r . p . r . p . r . p , , . r . p , . r . p . r . p , . r . p. . a privy counsellor and impeached in parl. e . p . n. . henry nevil de halmshire summoned to parliament , r . p . thomas nevil . de halmshire summoned to parliament , r . p , . r . p . r . p . r . p , . r p . r p . r . p . r p r . p . r . p . r . p r . p . h . p . h . p . h . p , . h . p . h . p . h . p . h . p william nevil de raby sommoned to parliament , r . p . iohn de nevil de raby summoned to parliament , r . p , . r . p. . ralph nevil de raby summoned to parliament , r . p . r . p . r . p . r . p . r . p . r . p . iohn nevil de halmshire summoned to parliament , h . p . h . p . william de nevil knight sum . to parl. h . p . h . p . h . p h . p . h . p . h . p . h , p , . h . p . h . p , . edward nevil lord de burgavenny knight summoned to parliament , h . p . h . p . h . p . e. . p . e . p . e . p . e . p . e . p . william nevil de falconbridge knight summoned to parl. h . p . h . p . e . p . iohn nevil lord mountjoy knight sum . to parl. e . p . iohn lord nevil attainted by parl. e . p . n . ralph nevil his son restored by parliament , e . p . n . iohn nevil de mountague summoned to parl. e . . edward nevil de burgavenny summoned to parliament , e . p . george nevil knight , summoned to parl. e . p . dukes and earls of norfolk . roger de bigot earl of norfolk summoned to parl. e . p . thomas earl of norfolk summoned to parl. e . p . e . p . earl of norfolk prisoner delivered to commissioners , e . p n . thomas de mowbray earl of norfolk summoned to parliament , r . p , created duke of norfolk , and margaret created dutchess of norfolk , r . p n . accused for words spoken to the kings dishonor , p . n . the proceedings therein by martial law and battel : the duke banished , and all his lands and offices forfeited , p , , . n . to . summoned to parliament as a duke r . p . iohn earl marshal duke of norfolk summoned to parliament , h . p , . h . p , . h . p . h . p . iohn duke of norfolk , within age , and in ward , claimed the earldome and castle of arundel , h . p . n , . summoned to parliament , h . p , . h . p , . and h . p , . h . p . h . p . h . p . h . p . h . p . h . p . h . p . e . p , . e . p . e . p . e . p . breach of prison pardoned to him , e . p . n . earls of northampton . humphrey de bohun in e . his daughters and coheirs , h . p . n . william de bohun summoned to parl. e . p . e . p . e . p . e . p . e : p . e . p . a commissioner to hear the archbishops answer , e . p . n . letters from him , and others to the parl. concerning the french affairs , e . p . n . his wife , h . p . iohn de mowbray summoned to parl. r . p . iohn de nevil earl of northampton , after marquesse of mountacute , e . p . earls of northumberland . william de bohun earl of northumberland summoned to parl. ● e . p . e . p . henry de piercy earl of northumberland , summoned to parl. r . p . r . p . r . p . r . p , . r . p , . r . p . r . p . r . p , . r . p . r . p . r p . r . p . r . p . r . p . r . p , . r . p , . h . p , . h. . p . h . . h . p , . a pledge for sir ralph ferrers , and a commissioner to inquire of the undue swearing of the major of york , r . p . n . p . n . debate between him and the duke of lancaster , coming with armed men and archers to parl. r . p . n . constable of england , and a commissioner in the conference with , renunciation and deposition of r . h . p . n . p . n , . his petition for the archbishop of canterbury , and purgation from being author of the war with scotland , p . n , . his worsting of the scots , presenting the scottish prisoners to the king in parliament , and commons petition for the king to thank him for his good service , h . p . n , , , &c. his insurrection against the king , submission and craving pardon for it , adjudged only trespass , not treason by the lords , his pardon for it , and reconcilation and oath of allegiance to the king and prince , h p n , , , . he purgeth other lords by oath from confederacy with him , ibid. the commons thanks to the king for his favour to him , p. , n. . reconciled in parliament to the earls of westmerland and dunbar , and purgation of him by the king , p . n , , , . an act concerning his lands , h . p . n. . henry piercy son of the former henry , within age , a prisoner in scotland , restored to the earldom , blood and hereditaments of his father , h . p . n . doth his homage to the king in parliament , h . p . n . summoned to parl. h . p . h . p . h . p , . h . p . h . p . h . p . h . p . h . p , . h . p . h . p . h . p . h . p . h . p . & h . p . h . p , . h . p , . h . p . h . p . h . p . h . p . h . p . h . p . h . p . an act that he shall not be debarred of his fathers lands , h . p . n . he is slain , h . p . n . attainted of treason , e . p . n . iohn earl of northumberland , summoned to parl. e . p . e . p . henry earl of northumberland , restored to the earldome , and in blood , e . p . n . summoned to parl. p . e . p . e . p . iohn northwood summon● to parl. e ● p . e . p . e . p . e . p . earls of nottingham . iohn de mowbray earl of nottingham , summoned to parl. r . p . r . p . r . p . ( there mistaken for thomas , as i conceive ) thomas de mowbray earl of nottingham , summoned to parl. r . p , . r . p , . r . p . r . p . r . p . r . p . r . p . r . . r . p , . made earl-marshal , and the marshals office inta●led on him , and his heirs male● , r . p . n . his loyalty to r . in deserting the duke of glocester declared , r . p . n . created duke of norfolk , p . n . one of the lords appellants , r . p . n . created marshal , and duke of norfolk , and iohn his son made duke of norfolk , h . p , , . n. , . o. robert ogle lord ogle knight , summoned to parliament , e . p ● . e . p . owen ogle de ogle knight , summoned to parl. e . p . iohn de oldcastle knight , summoned to parliament , h . p . h . p . duke of orleance in france , his rebellion , h . p. . n . a prisoner of war. h . p . n . his delivery procured by the duke of suffolk , h . p . n . earls of ormond . iames botelar earl of ormond accused of treason by the lieutenant of ireland , before the constable in the marshals court , his accusation abolished by parliament , h . p , . n . iames earl of wiltshire and ormond his gift to sir thomas of acres , h . p . n . earls of oxford . robert de vere earl thereof summoned to parl. ● e . p . iohn de vere earl thereof summoned to parliament , e . p . e . p . e p . e . p . e p . e p . letters from him and other lords to the parl. concerning the proceedings in france , e p . n . thomas de vere earl thereof , summoned to parliament , e . p . robert de vere earl thereof summoned to parl. r . p , . r . p , . r . p . slandered by walter sibell , who is fined and imprisoned ●or it by parliament , r . p . n . created marquis of dublin , and lands in ireland conferred on him in parl. r . p . n . r . p . n , . lands intailed to him ; which descend to sir awbry de vere , his uncle and heir , notwithstanding his attainder , ibid. albert or awbry de vere earl of oxford , summoned to parl. r . p . r . p . r . p , . r . p . r . p . h . p . his heir within age , and dower demanded against him , by dame philip , wise of robert de vere duke of ireland , h . p . n . richard earl of oxford , sundry letters-patents between him and philip dutchess of ireland , h . p . n . summoned to parl. h . p . h . p . h . p . h . p . h . p . h . p . h . p . chamberain of england by inheritance , h . p . n . iohn vere earl of oxford summoned to parl. h . p . h . p . h . p . h . p . h . p . h . p , . h . p , . ● h . p . h . p . h . p . h . p . h . p h . p . h . p . h . p . e . p . e . e . p . attainted of treason , e . p n . fined l. to the king for marrying without licence , h . p . n richard earl of oxford , h . p . in the summons he is mistaken for iohn . iohn duke of oxford , p . , . thomas duke of oxford , p , , , , , . and henry duke of oxford , p , , . are mistaken , and should be dukes exoniae of exeter , not oxoniae ; o. being written for e. p. ralph de palmer sum . to parl. e p . gilbert peck summoned to parl. e . p . iohn peach or petche summoned to parl. e . p . e . p . henry de peircy or percy summoned to parl. e . p . e . p . e . p . e . p . e . p . e . p . e . p . e . p ● . e . p . e . p . e . p . e . p . e . p . e . p . e . p . richard percy sum . to parl. e . p . henry de percy lord pomiger or poinings sum . to parl. h . p● . h . p . h . p . h . p . thomas percy knight , lord egremont , summoned to parl. h . p . h . p . h . p . see ed●l● of northumberland . earls of pembroke . ado●nar de valentia earl thereof sum . to parl. e . p . laurence de hastings earl thereof sum . to parl. e . p , . e . p . e . p . e . p . iohn earl thereof in ward to the king his petition in parl. r p . n . humfry duke of glouc. earl of pembroke . h . p . created earl thereof by h only for life , h . p . n . iasper of hatfield created earl of pembroke h p . n , schedules in parchment signed by king h . concerning him , p . n . summoned to parl. h . p . h . p . attainted of treason e . p , . n , . william de perdeston summoned to parl. e . p . hugh ponitz ( or pointz ) summoned to parliament , e . p . humfry de ponitz summoned to parl. e . p . michael de poyntz summoned to parl. e . p , . e . p . e . p . nicholas de poynings summoned to parl. e . p . michael de poynings summoned to parl. e . p . e . p . lucy de poynings summoned to parl. e . p . e . p . richard de poynings summoned to parl. r . p , . r . p , . r . p . robert de poynings summoned to parl. h . p . h . p . h . p . h . p . h . p . h ● p. . h . p . h . p , . h ● . p . h . . h . p ● . h . p . h . p . h . p . h . p . h . p , ● h . p ● . h . p , . ● . p . h . p . h . p . h . p . h . p , . h . p , . h . p . h . p . michael de la poole sum . to parl. e . p . r . p . r . p . r . p . r . p , . r . p , . made one of the kings chief counsellors , r . p . n . lord chancellor , r . p . accused of bribery , and acquitted , p , . n , , , . see duke of suffolk . q. henry quarts summoned to parl. h . p . queens of england . queen philip , woolls assigned to pay her debts , e . p . n . queen isabel dowager had l. per annum dower in lands or rents , e . p . n . queen ioan , her alien attendants removed . endowed in parl. with her petition , and other things relating to her , h . p . n , , . p . n . p ● . n . h . p . n . h . p . n . queen anne her dower , and matters concerning her , h p . n . h . p . n . queen philip her dower , &c. h . p . n . aliens about her banished , p . n ● . queen katherine dowager , her dower in parliament , and matters concerning her , h . p . n . h . p n . h . p . n . h . p . n . queen margaret , matters concerning her and her dower , h . p . n . p . n , . h . p . n . attainted of treason , e . p , . n , , &c. e . p . n . queen elizabeth , her dower in parl. e . p . n . r. earls of richmond . john earl of richmond summoned to parl. e . p . iohn de britannia e. r. summoned to parl. e . p . commanded by writ to repair to his lands to defend the north-ma●ches , e . p . n . his earldom adjudged to be forfeited for his adhering to the french , but the judgment not enrolled for certain causes , r . p . n ● . his earldom and lands granted to the earl of westm●rland , for which the duke prayeth restitution , and promiseth all●giance , h . p . n . edmund de hadsham created earl of richmond , h . p . n , . lands granted him in tail , ●bid . certain par●tchment-schedules signed by the king concerning him , p . n . summoned to parl. p . william de ridehall summoned to parl. e . p . earls of rivers . richard earl rivers summoned to parl. e . p . anthony earl rivers summoned to parl. e . p . e . p . e . p . lodovic rob●ssart knight summoned to parl. h . p . h . p . h . p , . william de roos summoned to parl. e . p . william roos de hamelake summoned to parliament , e . p . e . p . e . p , . lord ros ( or roos ) of wake to repair to defend the north-marches , e . p . n . thomas de roos ( or ros ) de hamelake , summoned to parl. e . p . e . p . e . p . r . p . r . p . r . p . r . p , . iohn roos de hamelake summoned to parl. r . p . r . p . r p , . r . p , r . p . r . p . r . p . r . p . william de roos de hamelake summoned to parliament , r . p . r . p , . r . p . r . p . h . p , . h . p . h . p . h . p , . h . p . h . p . h . p . h . p . h . p . accompanies the duke of lancaster to r . in the tower , when he resigned the crown , h . p . n . his complaint in parliament against robert thirwit judge for a tior , and the order made therein , h . p . n . iohn de roos summoned to parl. h . p , . thomas de roos , a special livery granted to him as heir to iohn , h . p . n . summoned to parl. p , . thomas de roos summoned to parliament h . p . h . p . h . p . h . p . h . p . h . p . attainted for the death of the duke of york , e . p. . n . thomas de la roth summoned to parl. e . p . earls of rutland . edward son of the duke of york created earl thereof , r . p , n . summoned to parliament , r . p . r . p . r . p . , . r . p , . h . p . h . p . in the rebellion against h . the commons prayer for his restitution to goods , name and liberty , h . p . n . edmond earl of rutland in the field at ludlow against king h . h . p n . his oath not to shorten king h . his dayes , and his annuity out of the crown-land● , h . p . n . p n . s. john de saint iohn de basinge summoned to parl. e . p . e . p . iohn de saint iohn de langham som. to parl. e . p . earls of salisbury or sarum . iohn de warrenia earl of sarum sum . to parl. e . p e . p . e . p . a commissioner to hear the archbishops answer , e . p . n . william de monte acu●o earl of sarum sum . to parl. e . p . e . p , . e . p . ● e p . e . p . e . p . r . p . r . p . r . p . r . p , . r . p . r . p . r . p . r . p , . r . p . r . p . r . p . r . p . r . p . r . p . r . p , . r . p . brings a writ of error to recover lands of vvilliam de montacute earl of sarum his father , r . p . n . r . p , . ● . to . p , n , , . r . p● . n . r . p . n . r . p. . n . iohn de monte-acuto earl of sarum sum . to parl. . r . p . . r . p . h . p . attainted of treason for levying war against the king , h . p . n ● . the judgment and attainder affirmed and confirmed , h . p . n . the judgment reversed , and heir restored , e p . n , . thomas earl of sarum summoned to parl. h p . h . p . h . p . h . p . h . p . his petition to reverse his fathers attainder denied , h . p . n . richard earl of sarum summoned to parl. h. . p . h . p . h . p . h . p . & h . p . h . p . h . p . h. . p . h . p . h . p . h . p . h . p . h . p . in the field with the duke of york against king h . h . p . n . for which he is attainted of treason , ib. a commission to him to hold the parliament , e . p . n . summoned to parl. e ● p . e . p . e . p . earls of salop , of shrewsbury . william de monte acuto summoned to parl. e . p . r . p . r . p . mistaken ( as i conceive ) for sarum , whereof he was then earl. iohn earl of salop , one of the lords appellants . r . p . n . iohn e. salop sum . to parl. h . p . h . p . h . p . h . p . e . p . e . p . appointed with other lords to keep the sea , h . p ● . n . acquitted by charter of h . of suspition and disloyalty , h. . p . n . geoffry de say summoned to parliament . e . p . william de say sum . to parl. e . p . e . p . e . p . e . p . robert de scales summoned to parl. e . p . robert de scales sum . to parl. e . p . e . p . e . p . e . p . r . p . roger de scales sum . to parl. r . p . r . p . r . p , . r . p , . r . p . robert de scales sum . to parl. r ● . p , . r . p . r . p ● . h . p , . h p . thomas de scales knight summoned to parl. h . p . h . p , . h . p . h ● p . h . p . h . p . h . p . h . p . anthony de scales summoned to parl. e . p . henry de scroope sum . to parl. e . p , . e . p . e . p . e . p . e . p . e . p . r . p . r . p . r . p. . r . p , . r . p , . r . p . r . p . r . p . r . p . r . p . r . p . richard de scroope sum . to parl. r . p . r . p . r . p . r . p . r . p r . p . r . p . r . p , . r . p . r . p . richard de scroope knight , r . p , . r . p . r . p . r . p . r . p . r . p , . r . p . r . p . h . p , . h . p . h . p . stephen le scroope de masham summoned to parl. r . p . r . p . r . p ● , ● r . p . r . p . h . p , . h . p . h . p . h . p , . h . p . h . p . henry le scroope de masham sum . to parl. h . p . h . p ● . h . p . h . p . iohn de scroope de masham sum . to parl. h ● p , . h . p . h . p . . h . p . h . p . h . p . h . p . h . p , . h . p , ●● , h . p . h. . p , . h . p . h . p . h . p . h p . h . p . h . p . henry le scroop de bolton knight summoned to parl. h . p . h . p , . h ● . p . h . p . h . p . h . p . william le scroop de bolton , summoned to parliament , h . p . ( mistaken for henry . ) iohn le scroop de bolton knight , summoned to parl. h . p . e . p . e . p . e . p . e p . e . p . e . p . thomas le scroop de masham summoned to parliament , h . p . e . p . e . p . e . p . and e . p . e . p . e . p . iohn de seagrave summoned to parl. e . p . e . p . e . p . e . p , . william de secoman summoned to parl. e . p . richard seymore summoned to parl. r . p . r . p , . r . p , . r . p . r . p . r . p , . r . p . r . p . r ● p . r . p . r . p . r . p . r . p , . r . p . r . p . h . p , . h . p . h . p , . h . p , h . p . william de shareshal , summoned to parl. e . p . iohn de sherlton summoned to parl. e . p . iohn de somery sum . to parl. e . p . dukes and earls of somerset . sir iohn beauford created earl of somerset , r . p . n , ; summoned to parl. r . p . one of the lords appellants , r . p . n . created marquesse dorset , ( mistaken by the name ralph for iohn , r . p ● n . ) restored to his name and goods , h . p . n . iohn earl of somerset , summoned to parliament , h . p . h . p , . h . p , h . p . h . p . captain of callis , &c. his arrears , the commons request for him , h . p . n. . p . n. . the custody of the body and lands of the lord fitz-walter granted to him , h . p . n. . all the lands of owen glendor in wales , &c. granted to him by hen. . h . p . n . iohn his son earl of somerset , his petition for owen glendors lands , and stay of sults to recover them , h . p . n . prisoner in france , ibid. summoned to parl. h . p . iohn duke of somerset , the kings lieutenant in france , his message thence , h . p . n . margaret his daughter in ward to the duke of suffolk , h . p . n . edward duke of somerset , summoned to parl. h . . richard duke of somerset , summoned to parl. h . p . edmond duke of somerset , captain of callis , his wages ordered to be paid , h . p . n . his slaunder of some lords to the king who acquits them , h . p . n . slain in the battel of s. albans , h . p . attainted of treason , e . p . n . henry beauford duke of somerset , attainted of treason● for levying war against edw. . e . p . n . earls of stafford . ralph earl of stafford , summoned to parl. e . p . ralph earl of stafford summoned to parliament , e p . e . p . e . p . e . p , e . p . e . p . e . p . e . p . e . p . e . p . hugh earl of stafford summoned to parl. e . p . r . p . r . p . r . p . r . p , . r . p . r . p , . thomas earl of stafford summoned to parliament , r . p . edward earl of stafford , summoned to parl. r . p . h . p , . h . p . h . p . humphry , earl of stafford , summoned to parl. h . p , . h . p . h . p , . h . p . richard de stafford summoned to parl. e . p . e . p . r . p . r . p . hugh stafford summoned to parl. h . p . henry stafford de south knight summoned to parl. e . p . e . p . thomas lord standley de standley knight summoned to parl. e . p . e . p . and e . p . e . p . lord stanley accused by the commons , h . p . n . his grants confirmed , e . p . n . george standley de le strange knight summoned to parl. e . p . e . p . iohn de stonore summoned to parliament , e . p . fulk le strange summoned to parliament , e . p . e . p . iohn le strange summoned to parliament , e . p . e . p . e . p . e . p . roger le strange de blackmore summoned to parl. e . p . e . p . roger le strange de knokin sum . to parl. e . p . r . p . r . p . r . p . iohn le strange le knokin sum . to parl. r . p , . r . p , . r . p . r . p . r . p , . r . p . r . p . r p . r . p . r . p . r . p . r . p , . richard le strange sum . to parl. h . p , . h . p . h . p . h . p . h . p . h p . h . p . h . p , . h . p . h . p . h . p , . h . p . h . p . h . p . h . p . h . p . h . p , . h . p . h p . h . p . an assise between him & sir hugh lutterel for dunster-castle and other lands , h p . n . iohn strange knight sum . to parl. e . p . & e . p . thomas strange de standly knight , sum . to parl. e p . iohn de strivelin sum . to parl. e . p . e . p . iohn sturton knight , lord sturton , sum . to parl. h . p . h . p . h p , h . p , . h . p . e . p . william sturton de sturton sum . to parl. e . p e . p . iohn sturton de sturton knight sum . to parl. e . p . earls , dukes & marquesses of suffolk . robert de vfford earl of suffolk sum . to parl. e . p . robert de vfford earl of suffolk sum . to parl. e . p . e . p . e . p . e . p , . e . p . e . p . e . p . e . p . e . p . letters to the parliament out of france from him and other lords● e . p . n . william de vfford earl of suffolk sum . to parl. e . p . r . p . r . p . his death , r . p . n . michael de la poole created earl of suffolk with lands and creation-money , r . p . n . p . n . summoned to parliament r . p . r . p . chancellor of england , ibid. impeached and censured in parliament , r . p , . n . to . sum. to parl. r . p . h . p , . h . p . h . p . h . p , . h . p . h . p . h . p . h . p . h . p . h . p . william de la poole earl of suffolk sum . to parl. h . p . h . p . h . p . h . p . h . p . made and summoned as marquess of suffolk , h . p . made duke of suffolk , and so summmoned to parliament . h . p . h . p . his good service in making a match , and peace with france ; his loyalty enacted and declared in parliament , h . p . n , . his impeachment , protestation , articles , answer , censure , h . p , , , . n to . iohn duke of suffolk summoned to parl. e . p . e . p . e . p . e . p . e . p . exchangeth lands with the king , e . p . n . earls and dukes of surry . iohn de warren earl of surry summoned to parl. e . p . e . p . e . p . thomas holland earl of kent created duke of surry , r . p . n . one of the lords appellants , p . n . summoned to parl. r . p . r . p . h . p . impeached , degraded● and sentenced to lose all his lands and goods , h . p . n . . . iohn de sutton de holderness summoned to parl. e . p . e . p . e . p . iohn sutton de dudley , baron of dudley , sum . to parl. h . p . h . p . h . p , . h . p . h . p . h . p . h . p : e . p . e . p . e . p . e . p . e . p . . e . p . the commons desire his removal from the court , h . p . n . t. gilbert talbot summoned to parliament , e . p . e . p . richard talbot summoned to parl. e . p , . e . p . e . p . e . p . e . p , . e . p . e . p . e . p . iohn talbot sum . to parl. . e . p . e . p . gilbert talbot sum . to parl. e . p . e . p . e . p . e . p . e . p . r . p . r . p . r . p . r . p . r . p . thomas talbot summoned to parl. r . p . richard talbot de blackmore knight , sum . to parl. r . p , . r . p . r . p . r . p . richard talbot de greystock sum . to parl. r . p . richard talbot de godricastle summoned to parl. r● p . r . p . r . p. . r . p . r . p . r . p . gilbert talbot summoned to parliament , h . p . h . p . h . p . h . p . h . p. . h . p . h . p . h . p . h . p . iohn talbot de furnival summoned to parl. h . p . h . p . h . p. . h . p . the kings lieutenant in ireland , his impeachment of the earl of ormond , h . p . n. . a commission to inquire of his oppressions , h . p . n. . john lord talbot bound in chancery to keep the peace , h . p . n . a prisoners in france , french prisoner granted him towards his ransome , h . p . n . summoned to parl. h . p . h . p . iohn talbot de lisle knight , summoned to parl. h . p . h . p , . h . p . h . p . h . p . made and summoned to parl. viscount lisle , h . p . iohn de thorp summoned to parl. e p . william de thorpe summoned to parliament , r . p . r . p , r . p . ● . p . . r . p . r . p , r . p ● r . p ● . r . p . iohn de tibetot summoned to parliament , e . p . e . p . e . p . e . p . e . p . e . p . e . p . e . p . iohn de tibetot , tibetof● , or tiptoft knight summoned to parl. h . p . h . p . h . . h . p . h . p ● . h . p . h . , . h . p . h . p . earle of tokevile , h . p . henry tregor summoned to parliament , e . p . tucher● summoned to parliament , e . p . iohn tuche● summoned to parl. h . p , . h . p . marmaduke tw●nge summoned to parl. ● e . p ● . v. adamanus de valentia summoned to parl. e . p . lewis of burbon , earl of v●●dosme in h . p. . h . p . n. . theobald de verdon sen. & jun. summoned to parl. e . p . vere , see earls of oxford . thomas vgtred summoned to parl. e p . e . p , . e . p . e . p . e . p . e . p . e. . p . earls of vlton● or vlster . lionel earl of vlton , summoned to parl. e . p ● . lionel edw. . his son held the county of vlton in right of his wife . e . p . n . edmund earl of vlster , anne his wife petitions for dower , h . p . n . w. thomas de wake summoned to parl. e . p . lord wake , a surety for an accountant , e . p . n. . a commissioner of array for the west-marches , p . n. . thomas wake de ridhal summoned to parl. e . p . e . p . thomas wake de lyde , summoned to parl. e . p . princes of wales . edward pr. wales sum . to parl. e . p edward prince of wales , summoned to parl. e ● p . e . p. , . e . p . e . p . e . p . e . p . richard p. wales summoned to parl. e. . p . holds the parl. by commission r. . p . n . his petition against the declaration touching the stannaries , p e . . n , . henry created prince of wales , h . p , n , , . summoned to parl. h . p . h . p . h . p . h . p . h . p , h p , h . p . h . p ● . the realm of england intailed on sum . h . p . n sent into wales , ib. his petition , h . p , . n . edward , letters patents to him , h . p. . n , created prince of wales , &c. by patent in parliament , h . p . n . p . n . made duke of cornwall , his dict and allowance , h . p n , . h , p. . n . attainted of treason . e . p , . n , , . edward prince of wales , summoned to parl. e . p . e. . p . simon ward summoned to parl. e p . roger de la warr , or warrs , summoned to parliament , e . p . iohn d● war , or warr● summoned to parl. e . p . . e . p . r . p ● . r ● . p . r . p . r . p ● , , r . p , . r . p . r p . r . p . r . p . r . p . r . p . r . p . r . p . r . p . r . p , . r . p . his audience after his return from spain , r . p . n . mr. th●mas de la war summoned to parl. r . p . h . p , . h . p . h . p . h . p , . h . p . h . p . h . p h . p . h p . h . p . h . p , . h . p . h . p . h . p , . h . p h . p . h . p . h . p . h . p . h . p . h . p . reginald le war knight sum . to parl. h . p . h . p , . earls of vvarwick . guido de bello campo ( or beauchamp ) earl thereof , sum . to parl. e . p . thomas de bello campo earl thereof , sum . to parl. e . p . earl of vvarwick ordered to attend on the custos regni , e . p . n . a comm●●sioner to hear the archbishops answer , e . p . n . thomas de bello campo earl thereof , sum . to parl. e . p . e . p . e . p . e . p , . e . p . ● e . p . letters from him and other lords out of france to the parl. e . p . n . iohn de bello campo earl thereof , sum . to pa●l . e . p . thomas de bello campo earl thereof , sum . to parl. e . p . r . p . r . p . r . p , . r . p , . r . p , . r . p . r . p . r . p , . r . p . r . p . r . p . r . p . r . p . r . p . r . p , . r p . r . p . h . p , . h . p . h . p , . h . p . in arms against r . r . p . n . impeached of treason and condemned , p . . n , , . h . p . n , . richard de bello-campo earl thereof , sum . to parl. h . p . h . p . h . p . h . p . h . p ● . h . p . h ● . p . h . p . h . p . h . p ● . h . p . h . p . h . p h . p , h . p . h . p . h . p . h . p ● . ● p . e . p ● . e . p . e . p . the con●ell between him and the earl marshal for precedencie , and his place in parliament , largely argued , h . p , , , , , p . n , , , . the king acquir● and takes him for his loyal subject , h . p ● . n . levieth war against h . attainted for it , h . p , . n , to . the estates made by him after his insurrection , made void , p . n . anne his wife , daughter of the lord spencer restored to blood and lands , e . p . n . a commission to him and others to hold and adjourn the parl. e . p , . n , . ad● . de we●●s sum . to parl. e . p . e . p . iohn de wells sum . to parl. r . p . r . p r . p . r . p . r . p ● , ● . r . p . r . p . r . p . r . p , . r . p r . p . h . p , . h . p . h . p . h p , h p . h . p . h . p . h . p . h . p . h . p . h . p . . h . p . h . p . h . p , ● h . p . h . p . h . p . h . p . h . p . leo , or leonard de wells knight , sum . to parliament , h . p h . p . h . p . h . p , . h . p , . h . p . h . p . h . p , . h . p . h . p . h . p . h . p . attainted of treason , e . p . n . richard lord vvells restored in blood and to lands , e . p ● . n . a knight and summoned to parliament , e . p . richard de vvells knight , lord vvillougby , summoned to parl. h . p . h . p . e . p . e . p . e . p . iohn vvenlock de vvenlock summoned to parl. e . p . e . p . e . p . thomas vvest knight summoned to parl. h p ●● , . reginall vvest knight , sum . to parl. h . p . h . p . h . p . ●● h . p , . h . p , . h . p , . h . p . h . p . richard vvest knight summoned to parl. h . p ● e . p . e . p . e p . e . p . e . p ● e . p . e . p . earls of westmerland . ralph de nevil created earl of westmerland , r . p . n . summoned , to parl. r ● p . r ● p . h . p , . h . p . h . p . h . p , . h p . h . p . h . p . h . p . h . p . h p h . p . h ● p . h . p ● . h . p , . h p h p . h . p . h . p . h . p . ● h . p . h . p h . p . h . p & ● . p . h . p . h p . h . p , h . p . h . p . h . p . h . p . h . p . h . p . h . p . h p . e . p ● . e . p . e . p . and e p . e . p e . p . one of the c●mmissioner● to confer with , and depose king richard the second , h . p ● the earldom of richmond granted to him by patent● of which the commons pray a revocation , h . p n . reconciled in parliament to the earl of northumberland , by kissing and shaking hands , h . p . n . iohn de widhurst summoned to parl. e . p . iohn de willoughby summoned to parl. e . p . e . p . e . p e . p e . p . iohn willoughby de bresby summoned to parliament , e . p . e . p. . e . p . e . p . e ● p . e . p . e . p robert de willoughby summoned to parl. r . p . r . p . r . p . r . p ● . r . p , . r . p . r . p . r . p . ● r . p . r . p . r . p . r . p r . p . r . p . william de willoughby summoned to parl. r . p , . r . p . r . p . h . p , . h ● p . h . p . ● h . p , . h . p . h . p . accompanied h . to king r . to the tower , h . p . n . robert de willoughby summoned to parl. h . p . h . p . h . p . h . p ● . h . p . robert de willoughby sum . to parl. h . , h . p , . h . p . h . p . h . p , . h . p . h . p . ralph de willoughby summoned to parl. h . p . richard wells lord of willoughby summoned to parl. ● h . p . reginald de wil●on summoned to parl. h . p . earls of wil●shire , or wilton . sir william le scroop created earl of wiltshire , r . p . n . one of the lords appellants , p . n . iames earl of wilton , summoned to parl. h . p . h . p . h p . h . p . h . p . appointed one of the admirals , to keep the seas , h . p . earl of ormond , gives lands to sir tho. of acres , p . n . attainted of treason , and to forfeit all ●is lands , e . p . n . . iohn earl of wilts , summoned to parl. e . p . william de winchester summoned to parl. r . p . william de windsore summoned to parl. r . p . r . p . iames de woodstock summoned to parl. e . p . thomas de woodstock summoned to parl. e . p. . woodvil●night ●night , lord of rivers summoned to parl. h p . h . p . h . p . h . p . e . p . a●thony woodvil knight lord scales sum . to parl. e . p . earls of worcester , or wigorn. thomas de piercy , earl of wigorn , created r . p . n . one of the five lords appellants , p . n . summoned to parl. r . p . h . p , . h . p . h . p ● attainted , yet his heirs males made hereditable , h . p . n . richard earl of wigorn sum . to parl. h. . p . iohn earl of wigorn summoned to parl. h . p . h . p . h . p h . p . e . p . treasurer of england , and prorogues the parl. h . p . n . edward tibetot , earl of wigorn summoned to parl. e . p . y. dukes of york . edmund earl of cambridge created duke of york , r . p . ● . sum . to parl. p . r . p . ● r . p . r . p . r . p . r . p . r . p . r . p . r . p . r . p ● , . r . p . r . p . h . p , . h . p . h . p . h p ● . . h . p . h . p . purged as innocent in parliament by rich. the second , r p . n . one of the lords appellants , p . n . his petition for the archbishop , h . p . n . the kings lieutenant in gu●enne , his service there , and ar●ears to be paid , h . p . n . an a●●uity granted to him by r . of l. per annum , h . p . n . a● a●●le between him and philip his wise , and sir hugh lutterell , for the castle of dunster , p , . . edward duke of york his lands in vvales , h . p . n . summoned to parl. h p ● . h p . h . p . h . p . h . p . iohn duke of york to sue by his attorny , h . p . n . richard duke of york , son of richard , brother of edward duke of york , his petition to have livery of his lands , h . p , . n . summoned to parliament , h . p . h . p . h . p , . h . p . h p . h . p ● . h p h . p . h . p . h . p . presides in the parliament by patent of precedency , and takes thomas thorp speaker in execution for dammage● recovered , h . p . n . appointed and made protector of the realm , and chief counsellor , p . n to . cap●ain of calice , p . n . the kings commission and his power of protector repealed , h . p . n , . his treasons , attainder , ingratitude , and complices in rebellion against king h . and forfeiture of lands , h . p , , . n to . all his grants petitioned to be void , p . n . the lord stanley accused at his confederate , ib. n . king henry the . and other lords and persons who slew him , attainted for his death , e . p . n , . . his claim to the crown exhibited in parlia●ent , h . p , , , . the accord made in parliament between h the . and him by the lords assent , ibid. n to . ● . p . n , . z. william la zouch summoned to parl. e . p . william la zouch de mortuo mari , sum● to parl. e . p . william la zouch de harringworth sum . to parl. e . p . e . p . e . p . e . p . e . p . vvalter la zouch de harringworth sum . to parl. e . p . vvilliam la zouch de harringworth sum . to parl. e . p . e . p . e . p ● . e . p . e . p . e . p . e . p . e . p . e . p . r . p . r . p . r p . r p . ● . r . p , . r . p . . r . p . r . p , . r . p . r . p . r . p . r . p . r . p . r . p . r . p . h . p . h . p . h . p . h . p . h . p h p . h . p . h . p . h . p . h . p . vvilliam la zouch de h●●ringworth sum . to parl. h . p . h . p , . h . p . h . p . h . p , ● . h . p , . h . p . h . p . h . p . h . p . h . p . h . p . h . p . h . p . e . p . e . p . e . p . the names of persons and places mistaken in the written copy , and so in the print ; i have rectified in this table , and chose rather to insert them into this ensuing errata , then to alter them in the manuscript , or print , lest i might seem over - critical ; wherefore correct them thus : page . line . for com. sur. read sar. p. . l. . for com. oxoniae , r. warw. l. . for bian r. brian . p. . l. . for de briae , r. brian . p. . l. . for salop r. sarum , p . l . for edwardo , r. edmundo , p ● . l . for edmond , r. edward , p . l . for barkier , r. bourchier . p . l. . for com. buck. r. cantii , p . l . for rado r. rico , p . l. . for de enerenx , r. devoreux , p. . l . for glocester , r. eborum , p . l. . for thomas r. edmundo , l . for richard r. henry , p . l . for iohanni , r. thomae . p . l . for dacre , r. darcy , p . l. . for edwardo r. edmundo . p . l . for ralph r. iohn , p . l . p . l . p . l . p . l . p ● l . p . l . p . l . p . l . p . l . for oxoniae , r. exoniae , p . l . for thomae , r. iohanni , p . l. . for roberto , r. rado . l . for tho. nevil , r. iohanni louel , p . l . for rado r. roberto , p . l . for ricardo , r. radulpho , p . l . for com. r. chlr. p . l. . for cheperney , r. cheyney , p . l. . for radulpho , r. humfride com . staf. p l . for iohn r. iacobo , p . l . for roberto r. radulpho , p . l . dele & de leb . r. say & de seal , p . l . for hen. r. tho. p . l . for iohanni com. wilt. r. iacobo . p . l. for willielmo r. ricardo . reader , note that in this table , n line ult . ralph de monte helmetii being placed in the wrong column , makes the next page not immediatly to follow , the first figures whereof belong to iohn nevil de essex , which is to be supplied . a table alphabetical of the principal matters and heads comprised in this exact abridgement . a abatement of writs , not for non-tenure of parcel , p. . by bringing a new writ pending the other , p. . by not laying it in the proper county , p. . abjuring the realm by bringers in of popes buls or provisions p. . accounts , receivers of wools monies , and goods for the kings use , called to account , find sureties in parliament , and auditors of worth appointed to receive their accounts , p. , , , , , , . commissioners for weights and measures called to account before the barons in the eschequer , p. . accountants to make attornies in the eschequer , when they have formerly accounted , not to be there vexed by barectors , nor to be called to a second account , after ter a quietus est , unlesse in cases of concealment , or other default , or surcharge justly charged on them , p. , , . no issues against accountants before they be warned , and what processe lies against them , p. . sheriffs to be discharged of fee-farms , and liberties granted away , upon their accounts , oathes in the eschequer , pardoned such summes that are not justly charged on them and they cannot levie , and to be no further charged than they can receive . sundry petitions from many counties for this purpose , and the answers to them , p. , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , . accountants shewing cause of discharge in the eschequer to be discharged without delays , p. . none to account in the exchequer for scotish money , sweet wines , victuals , and other things whereof no profit comes to the king , p. , . account of executors before the ordinary , p. , to the king p. . account prayed against executors of gardians in socage , p. . accountants to be allowed upon their accounts , all debts and loanes owing them by the king , p. . account of subsidies never given to the commons , yet rendred at their request , with the receits and disbursments of the wars , p. , . collectors of subsidies to account upon oath , according to the roll , and surcharged upon better proofs , p. . statutes touching accounts in the eschequer , p. , , , , , , . account by heirs and executors of captains taking wages , p. . account for monies taken for surrendring castles , and by corruption , p. . accounts of nobles and captains to be received in the eschequer without delay , p. . accounts for money and jewel pardoned by the king , p. , . damages required for plaintiffs in accounts , p. . that one executor upon account may recover the value of the debt released by the other , p. . accounts of the treasurers of wars , and special auditors to receive them , p. , . treasurers of the chamber accountable only ●o the king , not exchequer , p. . account of brice keeper of the exchange in the tower to a committee of lords and commons , p. , , . accusers without information or indictment not to be heard in courts , p. . to be punished if they prove not their complaints , p. . to find sureties to make good their accusations if in surcharge , p. . none to be sen● for by writ , by the voluntary suggestion of an accuser , p. . persons banished the court upon general accusations that the people spake evil of them , p. . acquittal by writ of persons wrongfully impeached by a common approver who was executed , p. . acquittances by collectors of wools , p. . of executors refusing admini●●ration , p. , . of ordinaries for accounts and extortion therein , p , . the hospital of st. tho. of acres london , incorporated and indowed , p. , . additions of sirname , place in exigents and outlawrias , p. , , , . adjournment of parliaments ; see parliament . adjournment of causes into parliament for difficulty in law , p. , , ● adjournment of pleas in chester , p. . administrator to have the like ●ction as the testator , p. . to a merchant alien ordered to pay particular debts first , p. . administration committed by the arch-bishop when the kings executors or others refuse , p. . administrator , and administration of the bishoprick of ely , granted to the archbishop of roan , by the pope and king without in●talment , p. . admirals of the west and north appointed , with their power , to ●tay ships , and warn them into safe harbours , p. . to convoy ships , and to receive consideration for it in some cases , p. , . to gard the sea and sea coasts , p. , , , , , , , . their names to be known , p. . merchants to name them , p. . acts and petitions against them , not to hold plea or meddle with any thing done within the realm , or triable at the common law , &c. p. , , , , , , , , . prohibition to them if they doe , p. . to appoint marriners reasonable wages , p. . the admirals jurisdiction to be limited , ascertained , and not to keep courts in towns or liberties , but on the sea-coasts , or arms of the sea , without adjourning till the plea ended , p. , . admirals exactions and usurpations complained of , p. , . to make a deputy in the north , p. . admiral ship of the navy taken by the enemy by the other ships deserting her ; for which the owner requires recompence from all the other ships , p. , . sute in the admiralty by scots and french for restitution of goods taken by the english , p. . admirals appointed by parliament to keep the seas , p. . discharged thereof upon their request , p. . see the names of the admirals in the table , to which richard clitherow ( one of the admirals chosen by the merchants ) must be added , h. . p. . n. . h. . p. . n. . his arrears ordered to be paid without account , ibid. admission to benefices , refused upon the archbishops inhibition , p. . unreasonable fees for admissions to benefices complained of , p. . advance money to souldiers , p. , , . advocates of the king , attend in parliament , p. . at law , their poll-money , p. . advowson , belonging to the crown , not to be severed from it , p. . advowson of the hospital of st. nicholas in pontefract , appropriated to st. oswalds , p. . afforesting of what was disafforested , and of mens purlie●es , complained of , p. , . age full , to be proved by inspection , and other wayes , and by writs de aetate probanda , p. , , . alienation without license , in times of pestilence , prayed to continue good , p. . that land in capite may be let for life without fine , prayed ; p. . the chancellor for reasonable fines to grant licenses of alienation , p. , . for lands held of the dutchy of cornwall , p. , . alienations of lands by religious persons inquired of , p. . aliens , the number and value of their benefices to be certified , p. . priors aliens confined , their lands seised in times of warr , and the benefices of alien enemies , p. , , , , , , , , , , , , . , , , . priors aliens to pay no ninths , p. . persons born beyond the seas who shall not be aliens but denizens , p. , , , . alien merchants taxed , p. , . aliens advancement to benefices and ecclesiastical preferments by provisions and bulls from rome . much complained of , and the mischiefs thereby , p. , , , , , , , . alien monks , priors , clerks and others to be banished the realm , and englishmen and scholars put in their places , p. , , , , , , , , , , , , , , , , . that no alien may enjoy a benefice or prebend , p. , , , . english men not to be farmers to ●●ligious aliens , or collector to the pope , p. , , , , . bringing in of alien enemies to be punished , p. . no money to be transported to aliens , p. , , . aliens that stay , to find sureties , . . to be removed from remoter towns , p. . aliens disclose the secrets of the realm , and are spies , p. , , , . impoverish the nations , p. . aliens to send no letters in times of warr , p. . aliens priors to be removed from the sea-coasts , p. . aliens to be no customers nor officers , p. . aliens suing in the court of rome for livings and pensions , remedy prayed against them , p. . alien keeper of nottingham castle complained of , p. . and of manlion , p. . aliens not to buy or sell by retail in london , norwich , &c. p. , . aliens attending the queen , or king , removed and banished , except those allowed by the council , p. , ● , . aliens to make fines to the king , p. . to take an oath to live and dye in the kings quarrel , to lodge only in englishmens houses , and serve in the wars , if able , p. . . alien priors protections to barr none of their debts p. . to be no collector of desms , p. . alien prior endenized by parliament , p. . alien , none to be a broker , p. . see brokers . poll money imposed by parliament upon every alien , p. , ● . see merchants aliens , and strangers . allegiance due to the king protested by the commons , p. . privy counsellors charged on their allegiance by the king , to take the oath prescribed them by parliament , p. . the speaker charged upon his allegiance to accept this office , p. . and lords and comm. to redress disorders , p. . allies procured by e : . p. . peace to be made with their assent p. . the parliament to consult what is best for the king and them , p. . to be ayded p. . alliance with the flemings , p. . with the dukes of burgundy and britain , p. . ambassadors , whether to be sent to rome , to be advised by par● . p. . flemish ambassador to be talked with for redresse of grievances at bruges , p. . duke of lancaster , sent ambassadour to rome , to treat a peace with france , p. . ambassadors treat a peace with scotland , p. . at rome to treat about provisors , p. . iean imperial an ambassador for genoa , slain in london : adjudged treason , p. . ambassadors to france to procure peace and alliance p. . ambassadors sent to the council of constans , and the kings letters to them , p. . scotish ambassador treating their kings enlargement , and a mariage ; the commons desire to be privy to his treaty , p. . an ambassador from ireland : safe conduct granted to him , and usually to all ambassadors before arival , p. . ambassador in denmark , p. . ambassadours in france , to treat a peace and mariage , p. . allom taken up and sold to supply the king , p. . amendment of a roll where no entry of a plea was made , ordered by parliament , p. , . of misprisions of clerks prayed , p. . enacted by as statute , p. , . amerciaments , to be ascertained in the extract , p. . pardon of them desired , p. . in the sheriffs turn for nusances , to be traversed ere levied , p. . in the wapentake , p. . in the sheriffs turn complained of , p. . ancient demesne , exempt from contribution to knights wages , p. . ancient demesne courts not to be disturbed by the marshall , p. . normanlow hundred in hereford , ancient demesne , p. . annuity not to be charged on other mens lands without seison and payment proved , p. . granted by the king out of the exchequer to the duke of york upon his creation , p. . granted by the king , p. . a statute concerning such annuities , p. . assigned to the banished justices in ireland , p. . out of the exchequer to the earls of rutland , and somerset , upon their creation , p. , . all annuities out of the customs of woolls revoked , p. . to aliens resumed , p. . processe in writs of annuity , p. . eldest grants of annuities by the king to be first satisfied , p. . annuities granted by king r. . revoked , p. . granted by the king , p. , , , . an act and motion for payment of annuities , p. , . all to be paid them according to their deserts p. . king to receive l. out of annuities to be paid to others for his support , p. . all that had annuities●um ●um . to appear before the king and council , p. . granted by the king in tayl to the duke o● g●ocester , p. . to the duke of buckingham , upon his creation confirmed by parliament p. . st. anthonies priory given by the popes provision , &c. p. , . st. annes priory near coventry , lands restored to it , p. . apparel , statutes concerning it● &c. to be executed , p. , , , , . appeals where to be brought , an● tried , p. , , . appeals moved to be tried by nisi prius , not in the k. b. for the northern counties , p. , . appeal of murther by the wife , error assigned in parl. to reverse the outlawry and judgement in it , p. , . statutes concerning appeals , p. , . appeal of rape granted in parl. p. , . appeal of murder for the wife , and for the sonnes if she die , granted by parl. p. , . lord appellants in parl. p. , , . apporcioment of woolls granted on every county by commissioners , p. . apprentice how and where to be retained , p. , . appropriation of benefices petitioned against , p. , . an act concerning it , p. . appropriation of the advowson and parsonage of newton to the gardian and chantry of newton , without any vicar endowed , by parl. p. . that all parsonages appropriated without a vicar endowed within . moneths may be disappropriated , p. . the advowson of st. nicolls hospital appropriated to the prior and covent of st. oswalds , p. . approvers of persons of good fame , by goalers instigation , to be redressed , p. , , . a murderer becoming an approver and pardoned , petitioned to be executed notwithstanding , p. . that justices of peace may try such as become approvers , p. . aquitain dukedom and dutchy conferred on the duke of lancaster by r. . who doth homage for it , p. . arbitrary government , articled against , condemned ; the badges and mischiefs thereof , p. , , , . arbitrators , arbitrements , and awards made , or ratified in and by parliament , p. , , , , , , , , , . be●ween king h. . and the duke of york , touching the right and succession of the crown , p. , , , . archbishops contentions about bearing their crosiers , hinder the parliaments proceeding , p. , . letter to the archbishop and clergy of york to contribute to the defence of the north , p. . to certifie the number and values of aliens livings , p. . his inhibition to the bishop to admit a clerk , to be undone by a writ of dismission out of chancery , p. . his protestation and prerogative to be of all parliaments and councils , though not to be present in cases of bloud , as prohibited by the canon law. and to be sworn to none interiour to the pope , p. . the lords , bishops , and commons sworn on his crosse , p. . . taketh an oath voluntarily with protestation , p. . his protestations against the popes excommunication and usurpations , p. . sworn to the pope , and cannot a●●ent to but oppose what ever is attempted in parl. to restrain his power , p. . archbishops prerogative to have the custody of wards lands held in capite during ●he kings wardship o● them , confirmed , p. . attain●e● of treason and banished , p. , . chief actor in richard the d hi● renunciation and deposing , p. , , , . refuseth to be sworn as a privy counsellor , till charged by the king on his allegiance to take the oath● p. . complains against the universitie of oxford ; they resist his visitation ; his right and award to visit it , confirmed by king and parliament , p. , . his protestation against a debt in the exchequer , p. . his submission to the king in parl. and desire to be openly arraigned to quit himself from defamation , p. , . his complaint for violating the sanctuary at westminster examined , p. . cited to rome , p. . the king to nominate him when the see is void , p. . the lords desire to know who shall be archbishop , ibid. exactions for probate of wills , and admissions to benefices complained of . see those titles . archdeaconry of bath , granted by the pope to the cardinal of cisteron , complained against , p. . archdeaconry of no●wich , belongs to the bishops presentation , error in parliament concerning it , p. . alien cardinals archdeacons of canterbury , yorke , duresm , suffolke , p. . arrayes of men in several parts , and archers provided for defence of the realm and north-marches , by order and grant of parliament , with the commissioners names , instructions power ; p. , , , , , , , , , , , , , , , , . arrayes and commissions for them without parliament , complained against as grievances , p. , , . , . none to goe out of their county , &c. p. . arrayes and panels in assise . acts concerning them , p. . . chal●enge to the array , p. . arms royal of england borne by the du. of exeter , being of the bloud royal p. . not borne by the du. of yorke , p. . difference of arms , p. ● . a●mies raised by the king for invading france , and other occasions , p. , , , , , , . , . parliaments called to supply them , ibid. riding armed prohibited , p. . feats of arms prohibited , p. . armor and weapons prohibited to be worn by proclamation , where the parl. sate . see proclamation . excessive price of armor , complained of , and order to redresse it , p. . armor to go to the heir , and not taken for mortuaries , p. . carrying armor into scotland prohibited , p. . and into wales , p. . arches su●e there for tithes , p. . arrests of clerks in churchyards , sacred places , and carrying the host , complained of and prohibited , if not by covin , p. . an act against priests arrests , p. : and arrests in church-yards , &c. p. . complaint against clergy-mens arrests into the marshalsey , p. . kings officers excommunication for making arrests in churchyards ; complained of as a grievance , p. . see sanctuary . arrests of the next kinn of rebels in wales , p. . arrowheads , p. . articuli super chartas , bound the the stewards and marshals courts , p. . articles of complaint in parliament to be determined by commissions , p. . articles exhibited against king r. . p. , , . against william de la poole duke of suffolk , p. , , . artificers , an act concerning them , p. . fines for excessive wages , p. . against labourers flying into towns , and turning artificers , p. . not to keep greyhounds , &c. p. . arundel castle , restored to the earl of arundel , and his precedency by reason thereof , p. . , . earl of arundels a●tainder and judgment without trial by his peers , reversed as illegal , and his heir restored , p. , . . , . see earls of arundel , in the former table : hath the sheriffs turns in the rapes of chichester and arundel , p. , . assarts , to be levied , p. . see forest. assets ; no heir to answer the king unlesse he hath assets in fee by discent , unreasonable , p. . no man to be barred by collateral warranty , without assets by discent , prayed , p. . assise , no writs to delay it or prorogation being taken , but in case of necessity , p. . . juries to say the verity of the fact i● assise of novel disseisin , p. . such as ●●e ●orth assises , not to pay for the justices patents , p. . an assise slayed by reason of fraud and the kings interest , and a procedendo denied , til the truth examined by commission , p. . assises sned i● e. . his reign , to continue in r. . prayed , p. , . assise against the principal disseisor , notwithstanding a ●eo●fment over , p. . a sufficient jury of l. land a year , returned by special order in an assise , p. . . assises in lincoln ; attaint upon a false verdict in them , p. . sheriffs of london to take assises in the coroners absence , p. . an assise ordered to be brought upon a disseisin complained of in parliament , p. . assise of rent in the confine of a county , where to be tried p. an act for taking assises , p. . no judgement in an assise after verdict , because the justices patent was ●raudulenty revoked , remedied in par●iament , p. . . disseisin in an assise found after the assise brought by the clerks mis-entry contrary to the verdict , whereby no judgement could be had , rectified by parl. p. . recovery in an assise by subtil means , complained of , and referred for redresse , p. . no delay in assises prayed by sugge●ting the reversion to be in the king , p. . an act against delayes in assise by protections , &c. p. . an act touching arrayes in assise , p. . for assises in franchises , p. . touching prorogation of assise , p. . for an assise against pernors of profits , p. . assise of nusance , to mills and freeholds , recovery , and an attorney therein p. . an act touching assise of nusance , p. . assises to be kept in towns where goals be , p. . to be kept in the most convenient places , p. . in the principal and chief towns of the county , p. , . sir ralph ashton his recovery in a writ of right of ward , of the custody of the manor of great lener : the record imbezelled is exemplified : after which he complains of riots , in detaining that manor from him , p. , . association in assises to the justices , p. . no association to be made to justices of the peace in their sessions . p. , . assurance for monies lent the king profered by the commons , p. , . see customs , loans , and kings debts . attachment of men of ill life and name : that power abused , to the arrest of honest persons , p. . attachments , granted against the sheriffs of london and others for attaching a a cl●rk of the chancery in london against his priviledge , p. . bayliffs to attach no man out of their liberties● p. . an act for attachments by wardens of the marches , p. . attainders in parliament of treasons , &c. reversed in and by parliament , p. , , , , &c. , . see restitution . attainder of the eldest son in the fathers life , moved to be no barr to the younger , p. . attaint , prayed in all writs of debt and others where the damages amount to shill. and in su●es by informers both for the king an● themselves , but denied , p. , . attaint , by one attainted upon a wri● of oyer and terminer , prayed , pending the sute against others , p. . an act touching attaints , p. . an attaint prayed upon verdicts in the eschequer as well as in other courts , p. . attaint ordered upon false verdicts given in lincoln , in which the sheriff of the countie should return foreiners , p. . that the pl. in attaint may recover damages against the petie jurie , and none returned in attaints but such as have l. lands , p. . an act for damages in an attaint , p. , and touching juries in attaint , p. . the kings attorney to pursue a venire facias for the jury where the king is party , p. . sir william earl the kings attorney , opposeth the bishop of durhams county palatine , p. . the kings attorney his fee and livery by whom to be paid , p. , . utterly refuseth to defend king h. . his title against the claim of the crown in parliament by the du. of yorke , p. , . attorney general of the dutchy of lancaster , p. . attornies , to be made in all cases where there is appeal , in accounts in the exchequer in some cases , and to be answerable for their lords , p. , . attornies for such as are indicted before justices of the peace , p. . sute by attornies by baron and feme to reverse a judgement in parliament for error , p. . the commonalty of cambridge appear by attorney in parliament , to answer a complaint against them , p. . attorney in the exchequer , p. . to have the search of rolls in the k. b. p. . clerks of courts , or assises , not to be attornies , p. . letters patents to sue livery by attorny revoked , as illegal , p. . attornies to be sworn in personal actions sued to the exigent , and lawes provided to prevent their falshood , p. . an act to prevent their falshoods , p. , . no officer of any liberty to be an attorney there , p. impotent persons outlawed to traverse the same by attorney , p. . justices of both benches to appoint a certain number of attornies in every connty ; they to be sworn every term to deal faithfully and truly ; to be imprisoned , fined , and ransomed if they doe otherwise : none else to practise but they , p. , . abbot of fountaine , to make attornies in any plea in wapentakes , p. , . an act touching attornies in a wapentake , p. . the justices to have power to record attornies in courts , p. . an act touching making attornies , p. . for the duke of york to make attornies to sue or be ●ued in any court , p. . an act for the attornies of religious persons in the north , p. . in an appeal of mayhem , the defendant prayeth to make an attorney , p. . an act touching attornies in norfolk and suffolk , p. . attorny of an earl by pa●ent appears in parliament for him p. . letters of attorney , to be taken by justices of assise in the north , p. . that judgements may be good , though the letters of attorney be lost , p. . letter of attorney to deliver seisin to the queen of dutchy lands , p. . averment , prayed against a record falsly entred , p. . averment by a stranger , that he that levied a fine had nothing in the land , but , not by the wise , who was party , p. . averment of accountants of things they cannot levy , to be received , p. . averment of whom and by what services lands are held against the escheators office , p. . averments against protections , that the partie is not in the kings service , not receivable , p. . averments touching tithes , an act for them , p. . averment against sheriffs return of small issues , p. . averment in k. b. concerning the marshal and steward . p. . aulnage , commissioners made ●or it except that granted to the flemings , p. . aulnage of worsted , granted for life prayed to be revoked , p. . an act and motion concerning aulnage , p. . a petition to revoke the office of aulnage and for the king to take d. of every cloth , p. . an act for the improving of aulnage , p. . exactions over and above the aulnage complained of p. , . an act touching aulnage , p. , . an annuity to the queen out of the aulnage of cloth in london , p. . aulnager , not to meddle with whole woollen clothes , p. . acts concerning his office , p. , , . kendal clothes prayed to be sold without his seal , p. . aulnagers sealing broad and narrow clothes , p. . aureny isle , the kings grant to it , p. . avon river , nusances in it to be removed , p. . authority abused to oppression and injustice punished , p. ● . ayde to make the kings son a knight , and marry his daughter , prayed to be pardoned , p. . granted and levied to make the prince of wales a knight , p. . an act concerning it , p. . not to be demanded both against the mesn lords and tenants in demesne , p. . s. of every knights see , ibid. ayde prayed of the king in reversion , and stay thereupon , p. . ayde prayed of the king , denied , and not entred , error , p. , , . no ayde of the king to be allowed against the prince for lands of the dutchy of cornwal by special order of parliament , p. , . a procedendo prayed , where ayde of the king was granted , p. . aydes of mony demanded by and granted to the king in parliaments : see parliament , taxes , tonnage , &c. b bago de bayons attainted of treason in parliament for the death of the earl of kent , p. . bail by sheriffs of prisoners indicted in their turns , p. . but justices upon suspition of felony , prayed , p. . of one committed for murder upon a corpus cum causa , by the chancellor , by order in parliament , p. , . see mainprise , marshall not to let prisoners to bail , p. . bailiffs of jersey to seise goods , p. . distresse by bailiffs , p. . not to be a victualler , hostler , or taverner during their office , p. . bailiffs in fee , indicted and their office seised for vert and venison , p. . bailiffs of cities and walled towns to arrest all breakers of the peace , p. . remedy prayed against the retorns , bribery , and corruption of bailiffs , p. . to be sufficient and able , and to arrest none out of their jurisdictions , p. . bakers measure , p , . bannerets , p. . iohn de gominez to be beheaded , because a banneret , p. . banishment out of the realm by judgment of parliament , p. , , , , , , , , , , , . out of towns , p. . aliens to be banished the realm , p. , . see aliens . justices banished the realm , p. , . revoked from banishment by act of parliament , p. , . banishment against law for no cause objected to king r. . p. , , . new sects banished by parl. p. . barectors , their vexing of accountants in the eschequer complained against , p. , . barons may wear swords , except in the kings presence , and place of council , p. . baron of fanhope created , p. . see lords . barony , p. . barons of the exchequer , to hear and examin accounts of receivers of wooll and monies for the king , p. , . to call commissioners of weights and measures to account , p. . to allow sheriffs what is reason upon their accounts● p. , . to make allowance of d●e debts and loans to the king to accountants , p. . to tax quindisms according to the old rate , p. . to see the kings debts satisfied , p. . the chief baron rated l. pollmoney , p. . a deed produced in parliament delivered to the barons as belonging to the king● p. . to redresse the enormities o● the exchequer , and to be wise and able men , p. . an act concerning them● p. . to be well learned in the law●●nd skilful in the courses of the court , p. ● . may discharge all matters there su●ed without attending a privy seal , p. . their oath p. , . charged to doe right , p. . their fees , p. . to end the difference of quindisms touching the town of hatch . p. . to grant a nisi prius in traverses of inquests of office , p. . to have power to record attornies , p. . barony tenure , p. , . not to contribute to knights fees , ibid. baron and feme join in petition in parliament , p. . , , , , . the wife cannot vouch the husband , nor averr against his fine wherein she joyned p. . lands given to them dispunishable of waste . p. . femes holding joyntly with their husbands , p. . make an attorney to sue in parl. p. . the wives of the banished justices to have their lands in farm to the value of their annuities , p. . judgement given in parl. upon confession of the wife being covert , p. . lands given to the use o● a feme covert , and she enabled to plead and to be impleaded by the name of a dutchess , p. . grant to baron and feme of their mothers lands in her life as if she were dead ; with power for them to make partition , &c. p. . incumbrances of the husband after divorse to be void against the wife ; yet the husband after her death to enjoy her purpar●ty , p. . to mary the husbands brother if no mutual society , p. . mariage at . years confirmed , p. . their grants and sales of the wives lands made good , and the exchange of the husband confirmed , and he to enjoy the lands for wife● though the wife die , p. . barwick victualled , p. , . a governor and garison ordered for it in parliament● p. . chamberlain of it and his fee , p. . provision for its defence , p. . an act for carrying victuals to it , and their petition to buy woolls in northumberland , p. . their liberty to transport woolls saved , p. , , . . duke of bedford hath the custodie of barwick-castle , to him and his heirs males , with a fee of marks , and power to make a deputy , p. . besieged by the scots , p. . edmond basset , his writ of error and case in parl. p. , , . bastardy pleaded and the bishops certificate therein how far and whom it shall conclude , p. , . ordered to be put in issue , p. , . edward the . his mariage declared illegitimate , and his issue bastards by richard the . to gain the title to the crown , p. , . bath , its fair , and complaint in parliament against bristoll , p. . it s bishoprick con●erred by the pope , p. . battel and combate offered by persons accused or slandered to clear themselves , p. , . battel joyned between the dukes of hereford and norfolk , p. . . inhibited between the duke of gloucester and burgaine , p. . bayon , sir william elman governour thereof taken by the spaniards during the truce , p. . the kings expence for its keeping and defence , p. . the english merchants complaint against the extortions of the officers and university of bayon , p. . gascoin wines to be brought to its port , p. . beacons , and commission for their watching , p. . beawdley mens exactions complained against , p. . beaumaris , mils within it , p. . beers transportation inhibited , p. . beggars and vagrants to be banished out of every town , p. . an act against them , p. . to put in sureties for good behaviour , or imprisoned , p. . letters produced against sir ralph ferriers found by a beggar , he acquitted , and the beggar committed , p. , . benefices in england bestowed on aliens . ( shoo-makers , taylors , or chamberlains ) by the pope , p. , . the benefices of aliens seised , and their number and values to be certified , p. . orders against the popes conferring benefices by provisions and taking their first-fruits and aliens injoyment of them , p. , , , , , , , , , , ● , , . sufficient persons to be presented to , and keep residence on them , p. , . collation to benefices of persons attainted by the king , p. . presentment to be●efices by the king not before recovery of them had , p. . no appropriation of benefices under pain of a praemunire , petitioned for , p. . an act concerning their appropriation , p. , . no alien to enjoy a benifice , petitioned for , p. , . none to sue to rome for benefices , but only in the kings court , p. , , . sir tho. berkly , arraigned , tried by a jury in parliament for the murder of edward the . acquitted , and bayled , p. , . sir simon beresford attainted ; condemned and executed in parliament by judgement of the lords , without any legal trial , and the lords protestation thereupon . ● . , . beverly ; a pardon granted to the burgesses thereof for a fine , some few excepted , p. . archbishop of york to hold the sheriffs turn within it , notwithstanding any liberties granted to it , p. . bigamy to be tried onely in court christian , p. . . a petition that any man may have his clergy , although he marry . wives or a widdow , to prevent incontinency● p. , . bills of purveyors general , and uncertain , p. . a bill delivered by the commons to the king and lords against the popes provisions , p. . the commons desire answer of their bills , and dismission , p. . a special bill to be made by the commons for pardon of such as were unjustly convicted in the former parliament , p. . their bill against provisors , p. . bills read and answered the last day of parl. p. , . answer to bills as remedy cannot be given to but in parliament , to be made before the parliament depart , p. . such bills in parliament , as cannot be ended by the council to be exhibited to the king , p. . the speaker required to deliver the name of one who put a scandalous bill into parliament , against the king , who is condemned as a traytor for it , p. , . the speaker presents a private bill of complaint , and requires judgment upon its reading , p. . the lords of the council by order of parliament answer and endorse sundry bills not ended by the parl. p. , . the commons petitions whereto the king and lords agreed , not to be altered by any new coloured bill , p. . the prince suborned by the clergy to exhibit the bill against lollards , p. . bills sent to the lords by the commons , may at any time be sent for by them and amended , p. . a bill of complaint exhibited in the name of the gold-finers of london , and the deliverer committed for re●using to avow the bill , p. . bill of the navy exhibited in parl. p. . the university of cambridge bill of complaints against the mayor and townsmen in parl. the copy of it denied them , p. . william de burcester and his wives bill of complaint in parl. p. . see more , title parliament and king. bishops , their promise never to dissent from the kings promise for the customs of wooll , but by common assent of parliament , p. . a statute exemplified under the great seal at their request , p. bishop elect , p. . bishops to certify the names of all aliens benefices , and their value into the chancery , p. . their officers extortions complained of , which the king will speak to them to redress , p. , . see archbishop . their certificate of bastardy , p. , . it appertains not properly to them to give counsel in matters of peace , or punishments of evils , and malefactors , p. . consult a part by themselves , p. , . they and the judges to meet and settle the differences about pensions of churches , p. . bishops to look to the purgation of notorious felons committed to their prisons : to pay to the subsidy as the laity do for their temporal possessions come to them or purchased since , e. . p. . the bishop of winchesters , pardon ibid. to punish usury , p. . not to be imprisoned , but fined and ransomed only by reason of their order , for temporal offences , p. . their protestations to be present in all parliaments , but not in cases of treason and blo●d , by reason of the canons , p. . all sworn in parliament on the archbishop , crosse , ib. the king will move them concerning tith of woo , p. . their tenants not to contribute to knights wages , p. . by office to take care sufficient persons be presented to benefices and that they reside on them , p. . an oath prescribed to them and their successors and taken by them on the shrine of st. edward , to observe all ordinances of the parl. of r. . p. . their joint thanks to the king in parliament for pardoning the bishop of norwich p. . they jointly intercede to the king for the life of sir thomas haxey condemned in parliament , p. . their chaplains dispensed with for pluralities , and non-residence , p. . their jurisdictions saved by a proviso , p. . to take order that every parson may reside on his benefice and keep hospitality , p. , . bishops elect to be confirmed by the metropolitan upon the kings writs without delay by reason of the damnable scism at rome , p. . the bishops assent to the bill , ( that no man should contract himself to any queen of england without the kings license and assent , under pain of losse of goods and lands , ) so far forth as it swarveth not from the law of god , and the church , and importeth no deadly sin , p. . all sworn to the pope and see of rome ; and therefore protest against any thing attempted in parliament to restrain the popes power , p. . to attend the kings counsel ( when chosen of it ) only when they could , p. . to pray for the kings estate , the peace and good government of the land , and continuance of the kings good will to the commons , p. . they make a common proctor to represent them in parliament in criminal causes , wherein they could not be personally present by the cannons , p. , . the bishoprick of ely , granted in commenda , p. . bloud royal , nobles descended of it , their precedency , p. , , , , , , , , , , , . bohemians banished , p. . bohemia destroyed through infidelity , p. . st. botophs , the staple held there , p. . the bounds between holland , and kesteven , cambridge , and lincolnshire , to be set out by a commission and perambulation , p. , . bowstaves , an act concerning them , p. . brabant , debate touching keeping the peace and covenant with the duke thereof , p. . the free trade of those of brabant , for woolls to the staple at bruges , restrained , p. . an act for restraint of clothes and wools in brabant , p. , . brant river , the wears thereon to be removed , p. . breach of prison . see prison . breakers of the peace to be arrested , p. . see peace , and privilege of parl. brecknock castle , p. . brest in britany , p. , , , , . browers , an act concerning patents made to them , p. , and concerning brewers in kent , p. . bribery and bribes against judges oaths . thorp ch. justice condemned to death , for taking bribes , p. , . richard lyons impeached and censured for taking bribes to pay the kings due debts , p. . bribes for probate of wills complained of , p. . a castle sold and surrendred for bribes , the monie ordered to be paid to the king and parties censured , p. , . the justices of both benches and barons to be sworn to take no consideration or bribes , p. . the lord chancellor accused of bribery , and acquitted , p. , , . a petition that all the kings chief officers may be sworn to shun all bribery , and the attainted thereof to lose all he hath , p. . no judges , or chief of●icers to take bribes under pain of treble damages , p. . hugh brice his impeachment and account of the kings exchange to a committee of lords and commons , p. , , . bridges , lands purchased , and guardians appointed for the repair of rochester bridge , p. . rents and customs , paid to the old , to be paid to the new bridge there , p. . an act for burford and chalam bridges near abindon , and free passage over them , p. . custom demanded of boats at bridges complained of , p. . bridgenorth men to exact no imposition for wines , passing severn river , p. . bristol petitioned to be made a county , bounded , their charters and liberties confirmed by parliament , p. . they erect a fair , and prohibit their townsmen to bring any wares to bath fair , out of malice to bath , for which redresse is sought , p. . complain of their wrongfull arrests at callice , for the trespasses and debts of others , p. . lands recovered before the mayor and bayliff thereof by an assize of freshforce reversed in the k. b. by error , and thereupon error brought in parliament , p. . claim and take custom for wines discharged at chepstow , complaint thereof , p. . complain and require redresse of new taxes imposed on their wares passing the river of severn , by the men of beaudley , gloucester , worcester , bridgenorth , p. , . britain , lord latimers oppressions there p. . petition for payment of victuals taken by the duke in britain in devonshire in his passage , p. . articles between the king and iohn duke of britain read , and agreed by the lords : liberty granted to transport victuals and merchandise into britanie thereupon , p. . henry . his war with britain , and ed. . his peace and alliance with the duke of britain , p. . merchants robbed by the britains , p. . brocage of debts and usury complained of and examined , p. , , . . brokers of rome their abuses , p. . brok●rs and lumbards maintaining usury and sodomy complained of , and to be banished ; p. . no stranger to be a broker , p. , , , , . remedy prayed against brokers , usurers , p. . brothelhouses not to be kept in southwark , p. . bruges in flanders , the staple of wools held there , and complaints against their monopolies , and restraints , p. , . a complaint for suing the mayor of the staple in callice , by a london merchant in the forein court of bruges , and he ordered to incurre a praemunire , if he surcease it not , p. . sir william bryan knight , imprisoned by parl. for purchasing a bull of excommunication from rome directed to the archbishops , against such who brake his house , and took away his charters and privileges , p. . bullion orders and means for its importation , p. , , , , . inquiry of such as convey it away , p. . bullion to be brought to the staple , p. , , . it s exportation inhibited by the duke of burgundy , p. , . bulls of the pope complained of , inhibited , nulled , and their bringing in punished in a praemunire , p. , , , , , , , , , , , , , , see pope , provisions . burdeaux , ship passing thither taken , p. . the revenues of it examined by commissioners , p. . expences for its keeping , p. . an imposition on merchants coming thither granted to the mayor , and jurates thereof revoked , p. . another imposition there complained against , and to cease , p. , gaiscoyn wines to be brought down thither , p. . burgesses of parliament , see commons and privilege . duke of burgundy inhibits exportation of bullion , p. . his perjury , and revolt to the french , p. . ed. the . allieth himself with him , p. . much depends on him , p. . an act touching the merchandise of burgundy , p. . burroughs , and houses held in them by burgage suffered to fall down complained of , p. . adam de bury accused in parl. sent for , came not , could not be found , all his goods are arrested for it , p. . restored to him afterwards at the commons motion , p. . butchers of london , where to keep slaughterhouses , and cast their ordure , p. . butler of the king to deliver wines to furnish castles , p. ● monies assigned him out of aides , p. . complaint of his undue taking wines by the name of prizes , p. , . tho. chaucer chief butler declareth what● prizes of wines the king ought to receive of every ship , & how he was defrauded of them by the londoners , p. . prayeth payment of monies upon tallies for wines taken up by him for the king , p. . the office setled on him by patent for life , confirmed by parliament , p. . butter not to be exported , p. . its exportation licenced for one year , p. . an act concerning its exportation , p. , . c iack cade , the act for his attainder , p. . robert poynings of southwark esq his carver and sword-bearer , pardoned , p. . sir william oldhall knight , outlawed of treasons for joyning with him , p. . richard duke of york , confederated with him , to be advanced to the crown , p. . callice , king edw. . his siege thereof● and reso●ution to take it , p. . merchants to repair to it by the lords consent , p. . impositions on wools there complained of and nulled , p. . an act that those born there should be denizens , and inheritable in england , p. . a motion that the staple may be kept there only , p. . staple ware and bullion to be conveyed no where but thither , p. . lord latymer impeached for procuring grants to the destruction of the staple and town of callice , p. . adam de bury mayor thereof impeached for divers deceits and wongs , p. . corn and privisions to be transported thither , p. . complaints of english merchants arrests there for others debts and trespasses , p. . the staple setled there , and no where else in forein parts , ●t incorporated , endowed with sundry liberties , privileges , and a mayor and aldermen , p. . protections of such as lie there only by covin revoked , p. . the expences of callice examined , p. . petitions of the mayor and aldermen thereof touching their liberties , p. . callice cost yearly l. p. , . the commons not to be charged with its expences , p. . all merchandise to be carried thither , p. . staple removed thither , p. . acts that the staple may be removed thence , p. , , , . not to be held of the french king , being gotten by the sword , p. . the burgesses grew rich by the staple there , the good townes at home poor● and the king lost in his customs , p. . captains of it and the marches to reside there , p. . staple enacted to continue there for a time , p. , , , , , , , . charges to be levied , and ayd granted for its defence , p. , , , , , , , , . a petition that the sale of tinn may not continue there , p. . license to transport staple wares to other places revoked upon their petition , p. . they pray the assise of wine , ale , bear , bread to be granted them , p. . iohn earl of somerset captain thereof , his salary and souldiers wages agreed on by indenture both in times of peace and warr , his arrears ordered to be paid , p. . complaint of their exactions upon wagons , p. . infested by the french , p. . provision for the dearth there , p. . the abuses of the treasurer thereof complained of and ordered to be redressed , p. . it s siege , intended by the french and duke of burgundy , p. . three parts of the subsidy of wools imployed for its defence , p. . no wools or staple commodities to be transported but thither , p. . it s defence and supply to be considered of by the parliament , p. . the mint and staple setled there , p. , , , , , . the treasurer and victualler thereof ●o receive staple wares and other revenues there for the payment of the souldiers , p. . recognizances before the mayor of the staple by act , p. . an act touching bringing of stone thither , p. . the keeping thereof committed to the duke of glocester for . years by indenture ; wherein the numbers of the garrison soldiers , officers , their fees and wages are expressed , p. . danger like to happen to it for want of pay , p. . the treasurer of england to pay the souldiers thereof what the customs there will not pay● p. . what staplers shall elect the mayor and constable of the staple there , p. . edmund duke of somerset captain thereof , his arrears to be pai● , p. . du. of york captain thereof , requireth satisfaction to articles , p. . the mayor , constable , and staplers allowed out of the customs there the monies lent toward the souldiers pay , p. , , , . the parliament to take order for the due paying of the souldiers therof , p. , ● ● the treasurer thereof to account yearly at the exchequer , and dispose of all offices of account there , p. . an act touching passengers from dover thither , p. . the treasurer and victualler of callice surrender their patents , and others are appointed and confirmed in their places , p. . provision for its victualling and souldiers pay , p. . camb●idge university , a difference between the friers mendicants and i● , heard and setled by the lords in parliament , p. , . the chancellor and scholars thereof to punish all victuallers , and defaults in weights , measures , &c. in the mayors default , with the mayor and bayli●ts thereof and their officers● p. . the chancellor and scholars bill accusing the mayor , bay●i●ts , and commonalty thereof , for breaking n● their treasury , taking away and burning their charters , enforcing them under their seal to release all their liberties , all actions real and personal , and enter into bonds of great sums to them , in a riotous manner , for which they are fined , censured in parliament , their liberties setled into the kings hands , the government and privileges thereof granted to the chancellor and scholars , p. , . their grant explained and confirmed , p. . their petition , that neither they nor their servants may be put to answer any treason , felony , or breach of law before the mayor and bayli●ts ; who are summoned thereupon , and adjudged in a contempt , p. . the commons pray the lords to regard their estate , p. , . their liberties confirmed without fine , p. . canon law , and constitutions of the church , would have benefices bestowed only for charity , without praying or paying , p. . prohibitions granted in cases against the canon law , p. . no man to be bound by the clergies constitutions made for their own advantage ; p. . ordinaries to doe according to the laws of the church , p. . the laws of the church to discuss and punish usury , p. . see vsury . the bishops by the canonical law , not to be present in matters of treason and bloud , p. . nor to advise in matters of punishment , p. . the bishops agree to a bill so farr forth as it swarveth not from the law of god and the church , p. . canterbury , the staple setled there in honor of thomas becket , p. . an act for its paving , p. . a distresse for a quit●rent ●rent , granted to the prior of christ church in canterbury , p. . capras awarded against a clerk upon the sheriffs return , p. . against wearers of liveries , p. . prayed in writs of annuity , &c. p. . captains to be placed and displaced by commissioners of the array , and to forrage on the enemy , not english , p. , . the heirs or execut. of captains dead , or taken prisoners , prayed not to be charged to pay ought by them received , p. . impeached for miscarriages in service , , , , . to be admitted to account in the exchequer without delay p. . to continue their commands in their hands , and not let them to farm , p. . able captains to be appointed by the king , p. . their wages , an act for it , p. . to reside on their forts , p. . acts touching captains abating so●●diers wages , and their departing from their captains , p. . a complaint against a capt. rescuing a prisoner in lond. p. . captains to answer for their souldiers damages don to the subjects , p. . cardinals sent by the pope to treat a peace between england and france , p. . . sundry livings , preferments , and great revenues grante● to them by the popes provisions in england , complaints against it , p. , , , , , , , , . the profits of their livings answered to the king , to whom they were enemies , p. , , , . . all cardinals livings against pope urban , seised into the kings hands , p. , . no cardinal to enjoy any living in the realm , p. , . the bishop of winchester made cardinal , his title , p. , . requested to be of the kings council ; to absent himself in all affairs wherein the pope or see of rome were touched , p. . his purgation from being a traytor to the realm ; his pawned jewels of the king stayed , p. . to attend the council when he could , p. . one of the feoffees of h. . p. , . thomas bourchier archbishop of canterb. made cardinal , p. . carriages of the king to be made in an easie manner , and in summer time , p. . petition to be of the kings own carts and horses , and not charge the commons therewith , p. . the clergy not to make carriages for the king , yet forced by purveyors , complaint against it . p. , . carlisle , king of scots appointed to serve there with men , p. . aid required for repairing thereof , being decayed , spoiled , and the inhabitants unable to doe it , p. , . the king not to repair it , but will give in charge it be done , and will repair the castle , p. . the king prayed to provide for its defence , p. . it s surrender to the scots by practice , treason , p. . caresbrocke castle , provisions for its victualling and defence , p. , . castles and forts , in forein parts , impeachments for their surrender to the enemy by cowardise , treachery , or corruption , in parliament , and judgements thereupon , p. , , , ● , . all such as have castles or forts in the north or sea-coasts to furnish , defend and reside upon them , p. , , , . kings castles to be joyned to the body of the county , p. . the king to repair his castles , and not grant away their profits , p. . none to be imprisoned in castles , nor constable of a castle to be a justice of peace , p. . castles or castlets to be built by the kings warrant and license , p. , . all captains of castles and forts to repair to them , p. . to be kept by englishmen not aliens , p. . those that held castles against the king proclaimed traytors if they deliver them not up by a set day , p. , . attainder of treason for surrendring king e. . his castles to h. . p. . catholick faith , the kings promise to defend it , commons thanks to him for its defence , p. . neglected , p. . iohn cavendish fined & imprisoned for accusing the lord chancellor falsly of bribery , p. , . challenge of the indicter by the party indicted , p. . of ●he array how to be tryed , p. . chamberlain of england earl of oxford by inheritance , p. , . one of the great officers , and to be of the kings council , p. . to warn aliens to depart the kings court , p. . to execute his office according to the statutes of the kings house , p. . the office with all the profits granted to the duke of gloucester at the kings pleasure● p. . ralph lord cromwel discharged of this office by the council , without any offence , p. . chamberlains of the eschequer to have a key to the kings receit , p. , . champertors not to be maintained by any great person , p. . champerty , writs and damages to be granted there●n , p. . buying of a title of one in possession , against the councils irregular decree , no champerty , p. , . chancellor , see the catalogue of chancellors : usually declared the causes of parliament before the king , lords and commons , and adjourned , proroged dissolved the parliament . see parliament . his oath , p. , , . refuseth an oath prescribed by parliament , as contrary to his former oath of chancellor , p. . ought to have conusans of all trespa●ses done by clerks of the chancery , p. . one of those who make choice of sheriffs , p. , . see sheriffs . to survey the chancery , both benches , exchequer , and receits , remove such officers as are unfit , and place others , p. . nor to make any process or sub-p●na against the common law , or in causes where recoverie is given by it , p. . impeached and acquitted of bribery , and the accuser fined , imprisoned for the slander , p. , . impeached by the commons , forced to answer in person , and censured , p. , . sureties of the peace prayed and granted against him in parliament , p. . to be gracious in writs of grace , and moderate the fine for writs , p. , , , , . one of the peers , p. . to be chosen in parliament , and sworn to observe all lawes , p. . to be one of the peers , prayed , p. . the king to appoint him at his pleasure , p. . to appoint certain fees to justices of peace , p. . no bu●ls or letters to be brought into the realm● unlesse first shewed to him , p. . one of the commissioners to reform errors in the exchequer , p. . to make just allowance to sheriffs , p. . references to him upon petitions in parliament , p. , , , , , , , , , , , , . to be one of the governours of merchant strangers , p. . declares the kings intention to advance his sons . p. . to take order for juries where the king is party , in the attornies neglect , p. . to be one of the council , and end all matters belonging to his office , p. , . to grant writs in champertie upon the sute of the partie , p. . to grant a commission● to examine the truth of a misdemeanour suggested in a view upon an assise p. . libels signed to be brought to him before prohibitions granted on them , p. . at the end of parliaments willeth the knights and burgesses to sue forth writs for their wages , p. . see knights and writs for wages : to inspect heirs when they sue livery , p. . to be chosen by the lords in parliament during the kings minority , p. . to take order against the popes reservations , p. . the most wise and able man in the realm to be chosen chancellor , and to redresse the enormities of the chancery , p. . to grant licenses for exchanges between merchants , where reasonable , p. . to hear complaints of attornies against clerks refusing to bring rolls in court , p. . ordered to answer some petitions in parliament by mouth , p. . surrenders the great seal in parl. and desires any to complain of any thing unduely done by him : afterwards is justified by the commons , and restored , p. . ordered to make a writ of scire fac . and habeas corpus upon an error brought in parl. p. . ordered to see an award accomplished , p. . confirms an award of the council under the great seal , p. . to grant a supersedeas in writs of conspiracy brought out of the shire , p. , . to execute a judgement given in the c. b. upon the judgement affirmed in parliament in a writ of error against the reversal in b. r. p. . answereth the commons petition for a general pardon by word of mouth , p. . replies to the bishop of norwich his answers to his impeachment , and pronounceth the lords sentence against him in parliament● p. , . the knights and burgesses called before him , and the steward by name , p. , . to regulate the fees of all mashals and warden of the fleet , p. . may order traverses of offices to be tryed in the k. b. or c. p. by virtue of his place , p. . declares to the king the commons desire of a conference with some of the lords , p. . his power to grant commissions setled and regulated by an act , p. , . to banish alien brokers coming into the realm by writs out of chancery , p. . gives thanks in the kings behalf to the losds and commons , p. , , see king ; no chancellor in the parl. of h. . p. . the earl of arundel's free-warren and chase in sussex , referred to him and the justices , p. . to grant writs of surety for the peace , p. he and the justices to take order in a case of contribution from other ships to the admiral taken by their deserting her , p. , . resigns the old kings seal to the new king and protector in parliament , then is made chancellor and receives the seal & a patent from the new , confirmed by parl. p. . declares the pleasure and judgement of the king and lords for the earl marshal to be duke of norfolk , according to a former patent , p. . discharged of his office and great seal by common assent in parl. at his request , and the seal delivered to another● p. . a complaint in parl. of an executors abuse referred to him , p. . to grant such licenses of alienation , as have been used , p. . to appoint certain by commission to apprehend one who took a burgesses servant in execution , against the privilege of parliament , p. . to end a sute between a burgesse of gaunt and an englishman touching a bargain of wool , p. . to take order to dispose monies given to charitable and religious uses by a testator deceased , p. . discharged , and a new appointed by the king , p. . prorogues the parliament thrice by commission , p. , , . answers certain requests of the commons in the presence of the king , lords and commons , thanks them , &c. p. . his eloquent oration to the lords and commons , p. , . bails a felon by a corpus cum causa , p. . he and two justices hear a complaint about a disseisin , p. . censured for breach of his trust , p. . chancellor of the dutchy of lancaster , his fees and power , p. , . chancery , writs out it to prohibit exactions at bridges , p. . accounts of receivers of wools and monies for the king to be enrolled in chancery , p. . the rate of wools for every county granted to the king , delivered by roll into the chancery , there entred , and commissions issued thence to levy them , p. . the names of all aliens , their benefices and values certified by all bishops into the chancery , p. . the names of all parishes upon a subsidie granted , returned into it , p. . to examine and redresse frauds in protections , p. . the perambulation and bounds of b●istol to be retorned into it , p. . charters of cities and towns to be shewed in chancery , and there confirmed , p. , . such bayliffes as are imprisoned before justices of the forest for vert or venisor , to have writs out of the chancery to ●ayl them till the eyre , p. ● . to right such cities whose liberties and charters are infringed by being impleaded for their freeholds out of their cities upon shewing their charters there , p. to grant a new charter to southwark , ●heir old being casually burnt , upon sute , p. . the chancellor to seek to redresse the enormities of it , p. . the commission and proceedings touching the customs of the stanneries returned into it , p. . no watch and ward to be made of persons flying to sanctuaries but by order out of chance●y , p. . exemplifications of deeds and chatters enrolled in chancery defaced in the insurrection , to be granted there without fine , p. . motions against taking fines for writs there , p. , . see writs , and fines . no mans possession to be disturbed by commission or privy seal out of chancery , without due answer , p. . to be surveyed by the chancellor and keeper of the privy seal , and remove ●uch officers as are unsit , p. . rioters make a fine in chancery , p. . prohibition to the admiralty thence for holding plea of matters triable at the common law , p. . an act touching damages in chancery , p. . no writs of subpaena to appear at a day to be granted out of the chancery , but in cases of necessity , p. . one bound in l. by order of parliament , upon a complaint there , to hear his judgement in chancery , p. . a commission concerning the great spoils and losses of melcomb , returned into chancery , and thereupon order for their relief in their fee-farms , tithes , and fifteens , p. . an extent of the fee-farm of lyme returned in chancery , p. . writs of surety of the peace granted out of it , p. , , , . all writs of subp●na , and certis de causis to be controlled , and not granted of matters determinable at common law , under a penalty , p. . that the exception , how the party hath sufficient remedy at the common law , shall discharge any matter in the chancery● p. , , that no man be bound to answer in chancery for any matter determinable at common-law on pain the plaintiff to lose . l. p. . the foundations of all hospitals and their circumstances to be certified by all ordinaries into chancery by a day , p. . proof of lands intayled to be made in chancery before restitution to them , after an attainder , p. . writs thence against purveyors , p. . no prohibition to be granted , till the circumstances there examined , p. . charters of privileges , and exemption confirmed , and all to injoy them , p. , . , , , , , , . sea magna charta . sealed with the kings great seal , and the stile of france and england p. . charters to bristol , and their liberties confirmed under the great seal , p. . interpretation of charters belongs to the king , p. . charters of indenization and creations of earls , read and confirmed in parliament , p. . see confirmation , patents . a charter repealed only in one illegal clause , p. , , the charter of the tinners liberties explained and declared in parliament , p. . so the city of l●ndons charter , p. . and the charters to the chancellor and scholars of cambridge , p. . charters lost in the insurrection , or casually burnt , renewed and exemplified , p. , , . charters ordered to be revoked by parliament , and quite nulled , p. , , , , , , , . charter-house prior in london , an act for some ground , and a conduict , p. . chantries erected and confirmed by parliament in several places , p. , , , , , . chaplains of archbishops and bishops dispensed with for non-residence and pluralities , p. . chapels of ease annexed to cures to have service and sacraments administred in them , p. . the free chapel of st. george in windsor incorporated , and a dean thereof , p. . clerks of the kings chapel , marks given them by r. . ordered to be paid , p. . cheese , acts against and for its exportation and weighing , p. , , , , . cheshire men , execution prayed of their outlawries for felonies , trespasses , rapes , oppressions in sundry counties , p. , , , , . that they may forfeit their lands and goods for felonies done in other places , p. . masters of the watch in cheshire , for certain monies received to serve the king at their own cost , p. . an act for processe against cheshire men , p. . chester , a franchise royal , and county palatine , p. . . how judgement there is to be reversed ; and what remedy when the justices record the pleas before them falsly , p. . the county of chester not comprised within the tallage , and exempted from taxes , p. . chester liberties saved , p. . felons there forfeit no lands and goods , p. . the king will be advised of their liberties , p. . an act touching the principality of chester , p. . all releases made by r. . to any for debts due to the earldom of chester , not under the great seal , repealed , p. . prince of wales , earl of chester , enacted to enjoy all the liberties thereof , and touching adjournments in pleas , with out giving any day or entry thereof , p. . the principality and earldom thereof created and setled by sundry charters in parliament upon the prince , p. . an act of resumption of the earldom into the kings hands , p. . prince ed. created earl thereof , and all the hereditaments thereto belonging granted him by patents confirmed by parliament , p. . chichester , the customers of it to receive the customs of wools shipped at lewes . its liberties violated and charter confirmed , p. . the weighing of wools for sussex to be there , p. . children of the king and others born beyond the sea inheritable , p. , . see aliens and denizens . a petition that no villains put their children to school , p. . children and young councellors a long time governed the realm , almost to its utter ruine , p. . their properties , ibid. chimenage in forrests complained against , and not to be taken but in som● cases , p. , . church , the liberties thereof confirmed , enjoyed , and the violations of them redressed , one principal cause of calling parliaments , p. , , , , , ● , , , , , , , , , , , , , , ● , , , , , , , , , , , , , , , , , , , , , , , , , , , ● , , , , , , ● , , , , , , . acts for their confirmation● , ibidem . the king sworn to observe the churches liberty : the violation of which oath by r. . in enforcing all religious persons to give horse , armes , carts , when he went into ireland , banishing the archbishop , and staying ecclesiastical proceedings , is part of his impeachment , p. , . how the french would dispose of the english church revenues if conquered by them● p. . the king reserves the lands of the church in the conquest of france , p. . church lands sold to be recovered , p. . the crown dis-inherited by the realms government by churchmen , who are dis-officed , p. . the suppression of rebels disposing the right of the church , and attempting to destroy the ministers thereof , one cause of the parl of h. . p. . cinqueports , bound to guard the seas , for which they have privileges , p. . they set out ships to guard the sea , and bear half the charges , the council promising to bear the other half , p. . the officers of dover castle to make no process by capias out of the liberties of the cinqueports , p. . bought most of the hundred of costlenig in sussex , yet would not contribute any thing to them , p. . to contribute to the tallage granted by parl. p. . circumspecte agatis to be kept in all points , p. . cirsteaux monkes , a bill and act against them , p. , . citations for trifles complained of as an oppression , p. . clarindon park , a release of common and estovers in it , p. . clergy , their petitions in parliament against grievances , and their answers , p. , , , , , , . , , , . arrayed & mustered , p. . not to be arrayed , p. . to pay taxes with the laity for some of their temporal possessions of later times purchased , p. . not to contribute , nor their tenants , to knights wages , p. . judgements in parliament reversed , because the clergy not present at them , whereupon they make a procter in cases of treason and blood , p. , . put from their temporal offices , p. . imprisoned without due process , a grievance , p. . a capias not to be awarded against them without a writ to the bishop , p. . much wasted and to be comforted , p. . to appoint their collectors , p. . their incroachments against law to be redressed , p. . not to allow sanctuary in cases of debt , account , trespass , but only where the life and member of a man are in danger , p. . not to grant any aid but by themselves at their free-wills , not commons pleasures , p. . letters to the archbishop and clergy of york to contribute to the aid of the northern parts , p. . their oppressions complained of , p. . see bishops and probate of wills. their protestation and liberties , see archbishop and bishops . clergy , not to be allowed in treason , p. . nor in case o● bigamy , p. , . allowed in felony , p. . clerks convict delivered over to the ordinary , p. . to live always in prison , p. . the bishop to look narrowly to their purgation , p. . clerk of the parliament his election and office , p. , , , , , , , , , , , . clerk of the commons , p. . clerks of chancery exempted from knights wages , p. . to be sued only in chancery for trespasse , their privilege confirmed by parliament , p. . one of them murdered , p. . clerk of the council , his office and oath , p. , . clerk of the crown , his office , p. , , , . clerk of the hanaper , to pay the judges , kings attorney , and serjeants , their wages , p. . clerks of the kings bench , common place , and exchequer , refusing to bring in records , and allow pardons , complained of , and remedy ordered , p. . not to be attornies , p. . to be able , and such as appoint them to answer for them , p. . their misprisions ordered to be amended , p. , , . clerks appointed for the navy and warr , p. , . clerk of the ordinance , his office , p. . clerk of the pipe , and an act concerning him , p. . clerk of the merkets : not to take fines in grosse of any towns , p. , . to punish according to the quality of the fault , without taking any fines where he doth not his office , p. , . not to intermeddle within liberties and townes contrary to their charters , p. , . an act concerning him , p. . clipping . see money . cloth wollen , cloaths of all sorts ; acts and petitions for making , measuring , sealing , and custom concerning the same , p. , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , . cluny abbot , an yearly pension of l. paid to him , moved to cease , p. . cocquet ; every man to cocquet wools in his own name , p. . merchants having their cocquets and goods customed , not to be impeached , p. . sir william cogans case and accusation , p. . collectors of subsidies , wools , &c. vexed in the exchequer after their accounts made , by barrectors , and denied to make attornies , complained of , and renued unless in case of concealments , p. , . their extortions & frauds complained of and examined , p. , , . appointed by the knights of shires , p. . that none be a collector after his age of years , prayed , p. . to account upon oath before ●he barons of the exchequer according to the roll between them and the controllers , p. . of kent , to account by names of hundreds , not persons or towns , p. . their conconcealments inquired after , p. . to be allowed such particular summs they could not collect , p. . for the clergy appointed by themselves , p. . an act for the recovery of one collector against another , p. . that no religious alien be a collector of desms , p. . an act touching the collection of tenths , p. . a discharge of desms collected desired by the collector , p. . arrears of a collection of desms in the collectors hands ordered to be paid , notwithstanding the general pardon ; as being contrary to the kings meaning , p. , . none of the commons house to be collectors . see commons . collusion , covin , deceit , fraud : feofment by collusion , to deceive the lords of wards , to be redressed , p. . of collectors of wools , complained of and examined , p. , . in wines through the gangers neglect , p. . richard lyons and others impeached in parl. for deceiving the king , p. , , , . , , , , . for defrauding souldiers of their wages , p. . see captains . counterfeit souldiers and gentlemen to be punished , p. . colourers of alien enemies goods , and the customs of aliens , to be inquired of and punished , p. , . corrupt recoveries of religious persons , a bill against them , p. . such as keep in sanctuaries by covin , to be arrested , p. , , . protections of such who lie beyond sea by covin , to delay such as sue them , to be revoked , p. , . petitions and acts against feofments by collusion , and fraud , p. , , , , . against fraudulent enfeoffing the king by procurement of religious persons to extinquish the lords tenure , and procure mortmain , p. . frauds of usurers to be punished at common law , p. . religious persons fraud● in purchasing more lands than they are licensed , to be inquired of , p. . an appeal by practice suppressed , p. . against the collusion of religious persons , who cause their villains to marry inherittixes , p. . articles against r. . for perverting justice , and oppressing his subjects by undue and deceitful means against his oath , p. , , . a pardon to a receiver wherein the king was deceived , reversed , p. , . a fine and judgement prayed to be reversed for falshoods and frauds , p. . feoffments of disseisors to the king by collusion , to be void , p. . an act against naming sheriffs by collusion in assize , p. . executions avoided by collusion laid on the person in the ordinaries prison , p. . an act against fraud in working copper instead of gold , p. . commissions ; illegal , oppressive , unjust , complained against in parliament , and revoked , p. , , , , , , , , , , , , . a commission touching the earl of norfolk a prisoner , p. . to justices of peace , p. , , , . to the barons of exchequer to receive accounts , p. . to inquire of nusances , wears , &c. in rivers , p. . to inquire of the abuses of purveyours and takers , p. . to inquire of oppressions , p. . to inquire of scots labourers , p. . for assessing and levying subsidies granted , p. . to the justices and other lords to determine complaints of wrongs made in parl. p. , . to enquire of engins , nets and dregs to destroy fish and fry , p. . to set and certify the prises of herrings , p. . to examin and determine extortions and ●rongs complained of in parl. p. . an act for commissions of inquiry of offences , p. . to set out bounds between lands , p. . to inquire of and punish riots , p. , . to a general in forein warrs , p. , . to redresse all publike enormities , and inquire into the kings revenues , expences , &c. p. , , . to a serjeant of arms to a●prehend and bring riotors to the parliament , p. . of oyer and terminer , not to be granted , but upon great necessity , p. , . to ●ake the examination of the duke of glo●ester at calice , p. . treason to pro●●re a commission accroaching royal power , the lords procuring and executing it attainted for it , p. , , , , , . an act touching the commissions of r. . p. . to the prince of wales for suppressing the welsh rebels , p. . concerning ships taken and prize goods , p. . the commission of array amended in parliament by the commons with the judges advise , and assented to by the king and lords , p. . enacted it should not concern the clergy , p. . a commission to certain to determine all controversies be●ween merchants by act of parliament , p. . to inquire of the losses and fee-farm of melcomb , p. . made by the council in the kings infancy confirmed by parl. p. . to hear and determine the manifold oppressions of iohn lord talbot , p. . to apprehend one who arrested a burgesses servant against the privilege of parliament , p. . to swear all the lords , knights , esquires , yeomen , and others to certain articles agreed on in parliament , p. . to hold , adjourn and prorogue the parliament . see parliament . to grant certain things to the lords and commons in parliament , in the kings absence , p. . commissioners of sewers and acts concerning them , p. , , , , , , . commissions publike to be granted without fees to clerks or others , p. . for to inquire of extortions , p. . sheriffs commissions , p. . commissioners ; no sheriff , constable or gaoler to be where men are imprisoned , p. . for subsidies appointed by the knights of counties , p. . to be allowed their charges out of their sessions● none of evil name , but lords and others of best reputation , p. , . no sheriff , undersheriff , or gaoler to be put in any commission , but such as concern their offices , p. . commissioners to inquire of all the kings houshold , and officers charges , publike expences , revenues , &c. and to have fees allowed for it , p. , , , . sworn to execute their commission , p. . commissioners fined for not sitting , though they knew not of it : prayed to be discharged upon their oaths , p. . an act concerning commissioners , p. . commissions of purveyors , p. , . see purveyours . to search and seal woolen clothes , p. . common of pasture not to be claimed by towns , nor by citizens who have no lands , lying in the lordships where claimed ; riots committed in severall grounds by them , under pretext of common , p. , . common of pasture in clarindon park surrendered to the king for ever , and lands given for it in exchange , p. . an order concerning common of pasture between the bishop of ely and tenants of sutton , p. . a complaint and accord in parliament touching the forcible withholding of common of pasture and turbary , and a riot therein , p. . common good and profit ; things for it to be granted , and commissions contrary to it revoked in parl. p. , . to be preferred before private interests , p. , . commonalty of a city summoned to appear in parliament ; appear by attorny , p. , , , . common place , attaints in it for false verdicts in lincolns , p. . traverses of offices may be tried in it , p. . errors therein reversed in the kings b. p. ● see error . a seal prayed for judicial writs therein , p. . that every judgement there may passe under the seal of the chief justice , to save the charges of the great seal , p. . the justices there to rectifie the extortions of cirographers for fines , p. ● . search in the treasury thereof touching the definition for churches pensions , p. . see clerks , courts , iustices . commons and commons house of parliament , called by name , the first day of parliament , before the causes thereof declared , p. , , , , , , , , . the parliament adjourned to another day , because divers of them not come , nor their writs returned by the sheriffs : see parliament . present with the king & lords in the painted chamber , and elsewhere when the causes of parliament are declared . see causes of parliament and painted chamber . their advice required both in matters of aids , subsidies , defence by land and sea , peace , war , good government , execution of laws and justice , and redressing grievances . see causes of parliament , and more particularly , p. , , , , , , , , , , , , , , , , , , , , , , , , , , . their first usual place of meeting was in the chapter house of the abbot of westminster , p. , , , , . they sate and consulted alone by themselves , not with the lords house , and gave answers by themselves , p. , , , , , , , , , , , , , , , , , , , , , , . their first speaker that is mentioned , p. . the commands to them to choose and present their speaker , the manner of presenting him to the king and lords , his excuses , protestation , and request for its entry , speeches and motions in the parliament to the king or lords , or what else concerns him , p. , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , . see speaker and the catalogue of speakers in the former table . committees of the commons , p. , , , , , see parliament . they desire a special committee of lords to advise and consult with , which is granted at the kings & lords pleasures , p. , , , , , , , , , , , , ( see the kings prot●station there , that the same was done of favour and no duty , which was entred by the clerk ) , . they require longer respite than was first limited to them to give their answers to the things demanded , p. , , , , , , . and elsewhere . they professe their inability , to advise in matters of peace , leagues and war propounded to them , and refer themselves therein to the king , lords , and council , p. , , , , , , , , . the king and lords shewed to them the special points of the justices of peace charge , p. , n. . they conferre with the lords , and certain merchants , and make report thereof to the lords , p. , ● , , . the old course was for them to bring their conceits , votes , and devises to the lords , not to send for the lords to them● which the lords refuse to alter , p. . their confession that the judgement● of parliament belong only to the king and lords , not to them , which the king refuseth to alter upon their petition , p. . their publike petitions and bills of request to the king and lords in parliament , with their answers to them , p. , , , , , , , , , , , , , . , , , , , , , , , , , , , , , , , , , , , &c. , , , to , , , , , , , , , , , , , , , , , , , to , , , , , , , , , , , , , , , , , , , . , , , , , , , , , to , , , to , , to , , , to , , , , to , , , , , , , to , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , . their petitions by mouth to be put into writing , ere answered , p. . their private petitions and requests to the king and lords , or bo●h , for the queeen , prince , kings sons , or some particular lord , or other person , for their advancement , pardon , or some office , place , grant , confirmation , revocation of former attainders , judgements , and restitution to bloo● or lands , p. , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , . their complaints and bills against the popes usurpations , extortions● bulls , provisions , innovations , p. , , , , , . see bulls , pope , provisors : their agreement and grant of libertie , for the king to moderate and dispense with the statute of provisors for a time ; so as the statute be repealed in no article , and they may disagree thereto the next parliament ; and this being a meer novelty , be not taken for an example , &c. p. , , , . see provisors . their impeachments , articles , complaints , proceedings against lords and other delinquents in parliament , p. , , , , , , , , , , , , , , , , , . they are sworn in parliament to see the peace kept , live and die with the lords appellants , saving their allegiance to the king , and due obedience to his prerogative and laws , p. . that they should by no means suffer any ordinance , statute made , or judgement given in the parliament to be repealed , see the good laws and customs of the realm maintained , and peace kept , p. , , . to retain in their service no offender of the law , or maintain any title or quarrel , p. . to be true to the king , prince , and their issue , p. . see oath . their petitions , that none of the commons summoned to parliament , might be an assessor or collector of subsidies , sometimes denied , but most times granted by the king , p. , , , , , , , , , . they dare not agree to any new devised tax or subsidy without conference with their counties about it , though they tender the kings estate and are ready to aid him , p. . they are charged to advise the king how the peace of the land might be better kept , which they doe by a bill , and desire answer to it , p. . they nominate justices of the peace to the king , and he to choose them , p. . they desire to be dismissed , because they had long continued together to their great costs and mischiefs , p. . the knights of shires nominate and appoint collectors and commissioners for subsidies . the commons petitions are answered in their presence by the king and lords , p. . they desire all petitions for the common profit may be answered before them in parliament , so as they may know their endorsment , p. . they grant an aid conditionally , that their ensuing petitions might be answered , p. . see petitions , and parliament . they refuse to grant any aid or subsidy , til their petitions be first granted , and a general pardon : which the king refuseth to doe till they grant him aids first , p. , , , , , , , . they request , certain of the commons house may be at the ingrossing of the parliament roll of h. . which is granted , p. . they s●nd a special committee to the protector in h. . to vouchsafe to make them privy to the treaty of the sco●s ambassador , for the delivery and mariage of their king , which they liked w●ll , p. . they assent to a bill against the order of cisteaux , sent to them from the king and lords , who had agreed thereto , p. . they desire two commissions sent to towns to make certain boats and ballengers without assent of parl. i may be revoked , p. . and that other illegal commissions be revoked , p. , , ● , , . see commissions illegal . they amend and agree to a commission for array , p. . they require that the king may have good counsellors , that they may know the names of the lords of the council and great officers , and that they may be sworn to certain articles , ( devised by them ) which was granted , p. , , , , , , , , , , . see council . that a grave council may be ready to answer all , p. . they require reformation of the kings houshold , court , expences , and removal of some counsellors and attendants about him and the queen , and of his confessor , ibidem ; and p. , , , , , , , . ● , , . , , , . they importunately desire an able protector , and defender of the realm , sith the king would not attend the same , p. . and that by the underhand sollicitation of the duke of york , who took that office , not as sought by , but laid upon him , p. . compared with p. . they desire an account of the subsidies granted , and of the treasurers of war , which is granted , p. , , , , . they desire reconciliation and unity between dissenting lords , p. , . , . they request the marquess of suffolk may be enacted to be holden a most true and faithfull subject , and thanked for his service in , and making a peace with france , h. . p. . which is done ; yet impeach him soon after as an arch-traytor for it , h. . p. , , . their innovations , encroachments , on king , lords , in parl. checked , opposed by the king and lords , p. , , , , , , . , . they require ease from taxes , in respect of the commons , peoples poverty , which is promised , p. , , , . , . their devises and articles for reformation exhibited in a schedule to the lords , p. , , , , , , , , , , , , , . a difference between them and the lords about a subsidy ; and the order for appeasing it ; to debate all matter by themselves , and not to disclose the same to the king till determined , and that by their speakers mouth , p. . they pray they may depart with as great liberty as they had done , p. . the king and lords made some acts without them , p. . they are petitioners , not judges in parl. p. . their contest with the king about subsidies , and sight of the kings pardon ; their submission upon better consideration to his will , p. , , . they durst grant no tax , considering the subjects discontents and evil wills , p. . they are admonished to forget all manner of rancor and malice● p. . they require the total summ of the kings demands , and supplies required which is granted them , and offer to give and aid , so as the clergy who had the . part of the kingdom , would pay a third thereof , p. . they will not be bound by the constitutions of the clergy , nor by any o● their statutes or ordinances mad● without their assent , p. , n. . see the record at large . p. . no statute or ordinance to bind them , nor tax granted or imposed on them without their common assen thereto , p. , , , , , , , , . pray that a statute made against the law and kings prerogative may be repealed , which was done , p. . they require all matters of parliament may be ingrossed before the justices departure , p. . their flattering motions to the king , for the queen , prince , kings sons , and kings thanks to them for the same , p. , , , . attend the sick king with the lords at eltham for his royal assent , p. . licensed to depart from parliament before the lords● p. . charged on their allegiance to enquire ( as well a● the lords ) particularly of evil government , and provide remedy , p. . their protestation of their due allegiance to the king , &c. and motions , impeachments ushered in with protestation , p. , , , . their thanks in parliament to the king for his great goodness shewed to them , uttered by his own mouth , p. . for his promise to maintain their liberties , laws , and peace , p. . for a general pardon granted to them , p. . for his good government and carefull zeal to them born , p. . for his promise to maintain the catholique faith , p. . for his sundry valiant exploits in the wars , p. . for his favour to the earl of northumberland , p. . for his courage and victories , p. . the kings thanks for their tender good wills towards him , p. . and for their aids , see king. they desire the king in parliament to give thanks to the earl of northumberland for his good service against the scots , p. . they thank and commend the duke of b●dford for his good service in france before the king and lords , for his politick governmen● of the realm , and beseech him to attend on the kings person , which he assents to , p. . they petition the king to command the bishops & clergy to pray for his life , the peace and good government of the realm , and the continuance of his good will towards the commons , p. . ought not to talk irreverently of the king , nor use unfitting words to stir up discord , p. , , . the king displeased with them for offending him , his dignity and liberty by their bill , motion touching the outragious expences of his court , and ●voiding the bishops and ladies thence : r●quires the name of him who exhibited the bill , which they deliver with the bill to the clerk of the crown , for which he is condemned of treason : they submit themselves humbly to the king , excuse the receit of the bill , and humbly crave his pardon , p. , . they excuse themselves before the king and ●ords of mis-reports of them , ibid. . desire him to receive no mi●-reports of them , till they were examined p. , . they crave pardon on their knees ●efore the king , for offending him ●hrough ignorance , p. . they desire the king to embrace them as his loyal subjects , upon a report he was offended with them for matters done in this and the last parliament , p. . pray a resumption of the dutchy , and other lands of the crown , for their ease , p. , , see resumption . the parliament adjourned at their request , p. , . they are charged convicted of an untruth and mis-information by the treasurer , p. . and by the lords house , p. . they are mistaken in their subsidie and number of parishes , p. , . they pray they may at any time send for their bills for amendment of them , which was granted , p. . their liberties and privileges confirmed , ibid. . their unjust , ignorant , insolent , motions and requests , p. , , , , , , , , , , , . their privileges , elections , members formerly determined by the lords , p. , , , , , , see privileges and elections . king edward the . his speech , thanks , promise to them to be a good king in parliament , p. . they hear masse with the king and lords the last day of the parliament , and at the ite missa est , offer their granted subsidie , p. . they dine with the king , p. , . they are ordered to sue out writs for their wages at the end of the parliament , p. , , ● , , , . see knights . see more of them in king , lords , parliament . compurgators , offered to acquit one condemned in parliament in his absence , without tryal , p. . concealment of any sums in accomptants , to be answered to the king after accounts passed and allowed , p. . after pardon , p. , after a quietns est , p. . & an acquittance , p. . condition , annexed to the subsidie of wools for years , that if the wars did cease , the grant should cease , p. . upon condition such persons may be of the council , and not removed &c. p. . pardon granted upon condition the king might enjoy the subsidies granted . see taxes . a feofment and livery by the king , without any condition in the charter , cannot by any subsequent words by him be made conditional , p. . confederacy , indictment and punishment for it , p. , . confederacy of merchants complained of , p. . confirmation of the kings other charters , patents , liberties , lands annuities , grants , chantries , offices , exchanges , corporations in and by parliament , p. , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , . of a judgement formerly given in parliament , p. . congregations , gathering of them prohibited , . conisance of all pleas by former charters allowed , p. . conquest , every person passing with the king into france , to enjoy all towns , castles , possessions , persons , names , arms , honours , as he could get or take by his own conquest or prowesse , and to have charters of them , saving to the king all royalties and church-lands , p. . the king sent an army into france for the conquest and recovery of his own , p. . callice and other territories gotten by sword from the french , by the king , not to be held by homage , and service of the french king , p. . the king passeth into ireland with great zeal and hope to conquer it , p. . k. h. . his protestation , that he claimed not the crown by way of conquest , nor to diminish any mans right , but such who had b●en against the common-wealth , p. . whose land he would have to him forfeited by way of conquest , p. . king h. . took upon him the crown , as right heir to h. . and not as a conque●our p. . the ordinance of r. . upon the conquest of wales ; that no welshman should bear any office there , &c. to be executed , p. . they and the irishmen wholly conquered , p. . the earl of dunbar being the kings liege , prayeth he may be restored to all such his lands in scotland , as the english shall at any time conquer or obtain , which is granted , p. . robert de vere to enjoy to him & his heir , all lands he conquered in ireland , p. . conspiracy , inquests on it to be returned by the sheriff himself , of the most lawfull men , p. . the points of it to be explained , seeing judges judge rashly in it ; none to be punished for it , but where the statute is expresse , p. . to be tried in the county where the indictments were made , p. . not to be sued out of the shire or liberty , p. , . imprisonment in the tower upon an action of conspiracy in lancaster complained of , p. . an act touching conspirations in the dutchy of lancaster , p. . conspirators , outlawries against them not to be reversed , p. . no great person to maintain them , p. . constables● purveyors to take them with them , p. . men and horses of the king not to be harbenged or take any thing but by them , and deliver the bils of the marshal of the house to them , p. . to have the weighing of wools , p. . to apprehend felons and levy hue and cry , . constables of castles , or gaolers not to be commissioners where men are to be imprisoned , p. . constable of england , not to hold plea of treason , felony , or things triable by the common law , p. , , , , , , , , . the chancellor after his impeachment and answer arrested by him , p. . such as claim to do any service at the coronation appear before him , and others● p. . all appeals of things done out of the realm to be tried before him , p. . constable of dover castle . see dover . consultation , in what cases to be granted ; and where twice , p. , , ● . contempt , adam de bury his goods seized for not appearing in parliament upon summons to answer his accusation , p. . the mayor and bayliffs of lincoln and cambridge adjudged in contempt in parliament , for not bringing a warrant or attorney from the commonalty of the said towns , p. , . contribution levied upon neighbour towns for the fortification of southampton , p. . to disms , quindisms payed , notwithstanding charters of exemption , p. , . by the cinque-ports to those of costleing hundred , of which they had half , p. . of religious persons , towards the repair of walled and fortified towns where they have possessions , p. . to knights wages , who shall contribute , and who not , p. . , , . towards the guarding of the sea-coasts , p. . and of the sea , p. . towards a ship and goods lost by the ships de●erting her against their oath , p. , . to taxes by merchants resiants in towns● p. . see london . quindisms . hamlets near the walls of cities and towns , and no part of them , not to be contributory to all charges in them , though moved , p. . contr●llers of customs , not to let their office to farm on pain of forfeiture , p. . to be yearly removed ; desired , p. . their grants for life moved to be revoked , p. . to enjoy their offices only during good behaviour , and the kings pleasure , p. . an act for it , and that he hath no ship of his own , p. . to keep no ostery for any merchant , p. . to be made by advice of the council , p. . denied to license transporting corn from one shire to another upon sureties , p. . an act for sureties found to them , p. . conviction of english by welsh : an act concerning it , p. . convocation , writs to the archbishops to call one in both provinces , p. . many absent from it when called , whereat the king was offended , and commanded the archbishop to punish the defaulters , p. . bishops before the next convocation●o ●o certifie the names and benefices of a●iens , p. . a constitution for tithes of underwood made in it , p. . provided remedy against non-residence , p. the privilege of its members from arrests , &c. p. . copy of a bill of complaint in parl. denied to be granted to the defendants , p. . coronation of the king , p. , , . coroners , to have sufficient in their counties , p. . an act concerning their election , p. . indictment before them for murder , p. . londoners pray they may chuse , place and displace a coroner , from which antient right the king will not depart , p. , . none to be after years of age prayed . sheriffs of london may take assises in the absence of the coroner after proclamation , p. . may execute their office within forests , p. . corporations● to enjoy all their charters and liberties , p. , , , , , , , , , , ● , , , , , , . sion , the abbesse and nuns incorporated , p. . corporations , weights and measures to be well examined and corrected in them , p. . strangers not free thereof , not to buy or sell in them , p. , , . hamlets near their walls , no parts of them , not to contribute to their charges or be under their government , p. . move to have their pardon freely , p. . the friers preachers of cornwall chapel within london incorporated , p. . cornwall , their complaint against tidman for the monopoly of tinn , p. . complain of the oppression of the officers of the stannerie , pray a declaration of their charter , which is done , p. . their complaint of the taking up of their mariners , and plunders by the spaniards , p. . the duke of cornwal created and his charter confirmed in and by parliament , p. , , , . the dutchy of cornwall setled by charter and parliament on the prince , ibid. & p. , , . united to the crown , p. . a prayer , that non● pay fines for license of alienation o● lands holden of this dutchy , nor other lands held of other persons seised for wardship , which is denied , p. , . a petition that all releases of debts due to this dutchy by r. . should be revoked , p. . the surrender to and lease of the duke of cornwall of lands in the dutchy confirmed in parliament , p. . the lands thereof resumed , p. . corn , its exportation inhibited , p. , , , permitted , p. , . act against forestallers of it , p. . the measure of it , p. , , . costs , an act touching them , p. . coventry prior , a grant of a conduict of water to him under a penalty for nusances confirmed , p. . council , and councellors . the great council used for the lords in parliamen● or parliament , p. , , , , , , . for the lords extraordinarily assembled out of parl. p. , , , , . for the lords of the privy council , , , ● . stiled the lords of the continual council , or continual great council , p. , , , , , . . the privy conncil not to hold plea of free-hold , life , member , or any thing triable by the common law , p. , , , , , , , ● , . nor to send for any to appear before them upon suggestions , p. , . to give answers to bills and petitions not answered in parliament , which they answered in starr-chamber , or elsewhere , p. , , , , , , , , . the king and his council used for the lords in parl. who enact and award restitution of lands forfeited , p. . summon all english merchants to appear before them , upon a reprisal , p. . commit a member to prison for ill words and breach of the peace before them , p. . are to receive the commons answer , and advise the king in matters of war , peace , and lawes , p. , , , , ● , . to hear , and determine publike grievances , p. . to imploy subsidies granted for defence of the realm as they see good , p. . they declare the power of the protector , p. . the king in answer to petitions promiseth to doe things by advice of his council , p. , , , , , , , , , , , , , , , , , , , , , , , , , . the king and council to treat with the duke of burbon touching his ransom , p. . the king and his council to make ordinances , and all officers to execute them , p. . to appoint the great officers , p. . the reports of matters of council to be made to the king by two of the council appointed for it , p. . answers to petitions by their advise , p. , , , . have power to make ordinances touching coin , p. , . all such who have annuities or offices of the king summoned before them , p. . bringers in of popes bulls to be taken and brought be●ore the king and his council for their contempt , p. . the king to redresse controversies between the universities and friers preachers by his councils advice , p. . he and his council , examine the abuses oppressions of sir ioh. lec , to make ward therein , p. , . the k. to appoint the staple where he thinks best by his councils advice , p. , , , . to redress the abuses of such who sue in the court of rome , p. . of protections , ib. . to appoint justices of peace , p. , . to examine the abuses of lumbards colouring enemies goods , p. . imprison for a rap● of a gentlewoman and duresse , p. . oppressions to be answered before them , p. . to be governours of merchants strangers , p. . to summon merchant to appear before them , at a day , to buy wools , p. . to take order touching purveyors , p. . references and redresse upon petitions , & requests for things or grievances in parliament made to the councel , p. , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , . to appoint the statutes against theeves to be executed , p. . no association to or remotion of justices but by assent of the councel , p. . riotors summoned to appear before them , p. . to acquaint the commons in parliament with the kings wants , p. . h. to make no grant of lands , but by their advice , p. , . a long sute wholly submitted to the king and his councel , p. , such bills as cannot be ended by the councel , to be exhibited to the king , p. . merchants debts prayed to be tryed before them , p. . to make allowances to merchants who guarded the sea , p. . have power to revoke or confirm any of the universities of oxfords liberties , p. . sworn to observe the great charter , laws , and other rules , orders prescribed them in and by the parliament , and rightly to counsel the king , p. . , , , , , , , , , , , , , , , , . to do all by consent of the major part , p. , , . worthy ones to be appointed , and not removed without good cause and proof , p. . , ● , , . to be honest , sage , stable and gravest men , p. , , , , , , , , . nominated , appointed and prescribed orders in and by the parliament , p. ● , , , , , , , , , ● , , , , , ● , , , , , , , , , , , . but this was during the kings absence in forein parts , or his minority , or with his consent and approbation , with a protestation of his freedom herein , p. . elected , approved and changed by the king at his pleasure , p. , , , , , , , , , , . discharged at the commons motion , p. . the king at the commons request gives them thanks , and namely for well imploying the treasure , p. . the king to do things by his councels advice , p. . they take the charge conditionally if there be sufficient treasure , else not , p. , . to take no rewards , p. , . to govern well , p. , . to stay no good grants at the great or priny seal● p. . to prefer all the kings old servants to all the kings offices and benefices before others , p. , . salaries granted them out of the exchequer , p. , , . councellors censured for abusing their authority , to the vexation and oppression of the people , p. , , , , , : such of them who are convict of deceit never to be councellors more , p. . , . restored when unjustly deprived at the lords and commons petition , p. . they remove the lord chamberlain , p. . to appoint set days of the week for receiving , answering petitions , p. . to appoint all inferiour officers , p. . to make the most of the kings casual revenues , p. . the clerk of the councel to be sworn duly to enter the names of them who sit , and truly to enact all things done by them , p. . & ever to prefer , procure the poorest mans bill and answer , p. . promise absolutely to attend , but the bishops only when they could , p. . king h. . committed the whole e●state , affairs , government of the realm to his council , except matters concerning his own person , in which they shal not proceed without his privity , p. ● . a pardon to the duke of lancaster of all misgovernment in council whiles about the kings person , p. . an awar● by the kings council upon a reference for a matter of title though ratified by the chancellor , binds not the party at common law , p. , . impowred to make assurances to pay the kings debts and creditors , p. , ● , , . to al●low merchants who have paid custom and subsidy for their staple wares which perished , to ship as much freely , upon due proof of the losse , p. . to take sureties for monies lent by the king , ib. no cardinal to be of the kings council , but at his pleasure : a cardinal in treated to be of it by the bishops and lords , with liberty to absent himself when any thing was debated concerning the pope or see of rome , p. . councellors condemned some times upon false surmises , for what deserves com●mendation , p. . council of constance , the kings embas●sadors there , and letters to them , p. . counsel learned at law both of the king and prince , their resolution and advice in points of law , p. , , , . they utterly refuse to defend king h. . their soveraigns right and title in parl. against the claim of the duke of york to the crown , upon the lords request , p , . counsel at law , admitted in parliament in civil , and in some criminal cases , p. , , , , , , , , , , . disallowed in treason and other criminal cases in parliament , p. , , , , . to be admitted by stewards in base court , p. . coventry , its mayor , bayliffs and dyers , p. . a conduict of water confirmed in parl. to the prior of st. mary , therein , p. . counterplea of voucher , p. . counterfeiting seals and deeds , to be punished with imprisonment , p. . covenant , what processe in it , p. . county-court . see hundred . county-palatine , how judgements may be reversed in it , p. . proceedings against such who are outlawed in it of treason or felony , p. . see chester , durham . sir philip courtney , his oppressions , imprisonment , and release by parl. p. , , , . tenant by the courtesie without issue , made by parl. p. . coyn , the king and council to make ordinances concerning it , p. , . an act concerning it , p. . see money . coynage in all places to be open , p. . propositions concerning coynage , p. . courts of iustice to be surveyed , and unsitting , ill officers removed by the chancellor and keeper of the privy seal , p. . courts of the duke of gloc. in essex : in act concerning them , p. . courts baron : how execution shall be made of judgements in them , p. . see wapentakes . crown , resigned by king r. . p. , , , . intailed , p. , , , , . worn by kings ; in gods hands , and to what resembled , p. , . claimed in parliament by h. . p. . by the duke of york , p. , , , . his title to it , and from what time vested in him ib. richard the d. his project to settle it on him and his issue , p. ● to . crown lands , franchises , revenues , not to be aliened , but retained , improved , ordered , disposed for the kings maintenance , support , and peoples ease : p. , , , , , , , , , , , , . to be resumed , when given away , alienated or sold ; see resumption . the wasting and giving them away , an article against king r. . p. . against the duke of suffolke in parl. as treason in him p. . the summe of the crowns revenues , p. . the forein revenues imployed to pay the souldiers there , p. . commissioners to inquire after , and resume the hereditaments , liberties , and customs of the crown that were granted away , p. . cumberland , petitions thence , and matters concerning it , p. , , , , , , . customs old , on wools , skins , woolfels , and other merchandize what they are ; to be only taken , and no new raised , imposed , levyed , but by acts and grants in parliaments● which have enhanced and diminished them from time to time as they saw cause , p. , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , . see ●axes , ●onnage and poundage . customs that are due and granted by parliament , only to be paid by strangers and denizens , and no more exacted , p. , , , and the former pages . customs assigned to secure monies lent and advanced for the publike , p. , , . see loans . customs farmed by rich merchants , to reimburse their monies lent , and defraud the poor , p. . complaints of the kings losing customs , by abuse of officers , monopolists , p. . of wools into scotl. without custom , p. goods forfeited for not paying customs , but not the whole ship , p. , . no custom to be paid for woolen clothes before they be fulled , p. . what customs to be paid for cloth , p. . see cloth. an act against denizens colouring or customing aliens goods , p. . an act against concealing customs , p. , . such merchants who have paid customs for their wares , which perish ; to ship as much ware again freely without custom , upon due proof before the council , p. . customers office to be granted only at the kings pleasure , and not let to farm , p. , . to dispatch all merchants coming in with wares , p. . of chichester and yarmouth to receive the customs of lewes and ly●ne , p. . sworn to be resident● p. , . that none who have ships , or be merchants of wools be customers , p. , . that they be yearly removed , p. . an act to ●●quire of their concealments , p. . to intreat merchants according to reason , p. . no alien to be a customer , p. . remedy provided against their frauds , p. . to keep no ostery for merchants , p. . to be made by the councils advice , p. . to make no blank scrolls or cockets , p. . their license to transport corn from one county to another , denied , p. . an act touching sureties found to them , p. . custos regni , p. , , , . cutlers , the wardens in london to survey their wares , p. . cyrographer , to ingrosse fines : petitions and orders against their extortions , abuses , p. , . he and his clerks to be sworn not to take above s. for ingrossing a fine , p. . to render tenfold as much as he receives above it , p. , . an act to this purpose , p. . to be a man of ability , knowledge , to reside on his office , and not let it to farm , p. . d dammages : attaint prayed for them when excessive and above s. p. . dammages of merchants goods lost by pyrates , through default of those who undertook their safe-conduct , to be satisfied by them , p. . in a writ of champerty , . treble against pur●eyors for taking carriages of the clergy , p. . for a false appeal , p. . in chancery , and an act for it , p. . desired in account , but denied , p. . for a false suggestion in courts , p. . treble for arresting any knight or burgess of parliament , prayed . prayed against the defendants pety jury in an attaint , p. . enacted , p. . from one ships owner hurting another , p. . treble for distresses eloigned , prayed , p. . dartmouth , the navy to ride there , p. . the statute touching passage thence not in the roll , p. . deceit . see collusion . deeds cancelled in the insurrection or lost , exemplified , renued , p. , . acknowledged , enrolled , p. . default , and judgement thereupon , p. . defence of the realm , &c. p. . . see kingdom , parliament . degradations of dukes and nobles by parl. p. ● . delay , or stay of justice by the great or privy seal , or other mean● complained of , enacted against , p. , , , ● , , , , , , , , , , . delivery of beasts escaping in forests without fine , p. . denizens : who born beyond seas shall be such : who not aliens . p. , , , ● , . asiens ende●ized by the king and parl. p. , , , , ● , , , , , , ● . walshmen not to be made denizens , p. ● . welshmen endenized . see welshmen . denbigh castle , honor , manor , p. , . denmark , an act concerning it , and trade thither , p. , . restitution of goods taken by the king of denmark , p. . war with it , p. . deodands of ships boats and vessells , complained of : when and where not for the death of a man , and how to be moderated , p. , , , , , , . deputies , officers for life may appoint them , p. . to be able , p. . duke of bedford , enabled to make a deputy governour of barwick castle , p. . customers , controllers , searchers , captaines , and cyrographers may make no deputies . see those titles . derby , the assizes prayed to be kept there , p. . dertjord nuns , p. . detinne the processe in it , p. . debts of poor merchants , and of other men , bought at undervalues , by rich , and the kings officers , complained of ; impeachments , censures for it in parliament , p. , , , ● . of the king to be abated and allowed to acomptants in the exchequer , p. , . the kings to bee paid , p. . see king. no man to be impeached for a debt in the exchequer , after payment made , and a tally , p. , . privy seal for payment of debts due by the king not to be stopt , p. . goods and lands of a deceased person not to be seised for the kings debt , un●ess found by record , prayed , p. . lands seised to satisfie debts to the king , p. . debt by order of parliament to be paid to the bishop of lincoln for monies towards the repair of the church , upon breach of an award ●ade by himself , p. . devisable lands● writs of possession to lie of them where not devised , p. . devonshire , their complaint of oppression by the stannary officers , p. , . they desire a declaration of their charter , and answer to those who alleged , they sought to hinder the princes profit , p. . dyers of coventry , p. . disability of councellors and officers convicted of deceit , to be ever restored , p. , . descent of lands to parceners , that are enemies to the king to be prevented , p. . to the younger sonne , notwithstanding the elders attainder in the fathers life , prayed , p. . desms granted , see quindismes , taxes : the clergy who pay disms not to be taxed to ninths , granted p. . discontinuance of process after issue for want of prosecution , p. . by the kings death , p. . by a jurors misnaming , p. . discord , its mischief to the realm , p. , . disseisor , assise against him after his feo●●ment over , p. . judgment against him for the land and me●ne profits , and he fined in parliament , p. , . disseisins remitted to common law , p. . feofments by collusion to the king by disseisors to be void , p. . di●●eisin complained of in parl. referred to the chancellor and ch. justices to end , p. . distresses , in hundreds and wapentakes when to be apprised and sold by the bayliffs upon judgements in them , p. . of english mens goods coming into wales for other mens debts and trespasses , petitioned against , p. . against taking distresses by welshmen , and carrying them into another lordship , p. , , . granted to strangers , corporations for rents to charitable and pious uses , by parliament , p. , . divorce , the charges of the husband on the wives inheritance made void against her after divorce yet the husband to enjoy her lands for life after her death , if he desires reconciliation , p. . doctors of divine , civil , and canon law , dispute the case of sanctuary in parliament against the bishops in point of debt and trespass● p. . see . doomsday book , an act concerning it , p. . dorchester , an act touching the liberties thereof , p. . dove-house , none to have any unlesse he may spen● s. per ann . prayed , p. . dover , a charter granted to it under the great seal nulled in parliament , p. . an act touching passengers from it to calice , p. . dover castle , complaints of the oppressions , processe , abuse● of the constable of it , and his jurisdiction limited , p. ● , , , , , . dower rendred to a wife upon petition in parliament , where the husband was attainted a treason , p. ● , , , , . of the queen by parliament . see queen . barred by parliament , p. . the king to have the forfeiture of his widdows dowagers , not holding jointly with their husbands , p. . dower upon oath , not to marry , p. . dukes created in parliament , with their creation-money , pensions , patents , ceremonies , p. , , , , , , , , , , . degraded , p. , . dutchess created , p. . dunster castle , an assise , special jury , and reference of the difference for it , the manors of minehead , culverton , carhampton , and its hundred , between the coheirs of the lord mohun , and sir hugh lutterel , p. , , . duresse ; releases , grants , fines , en●ranchisements , bonds , deeds made by it , and in times of insurrection , complained of in parl. and nulled , p. , , ( see parl. e. . c. , , . parl. . c. . ) , , , , , , ● ● , , , , , . marriage by duresse complained of and nulled , p. , . imprisonment for it in the tower by the lor●s , p. , . see rape . durham , a franchise royal and county palatine , yet denied by the kings attorney , p. , . not comprised within the tallage , p. . the temporalties of the bishoprick thereof granted by the king for l. to the use of the bishop elect by provision from rome , p. . e earls created in parliament , with their creation-money , charters and solemnity , p. , , , , , , , , , , . priviledged to wear swords in parliament-time , but not in the place of council , p. . summoned to parliament ; see the . table of their names and summons . aetate probanda , p. , ● eaton-colledge incorporated , endowed , confirmed by king h. . in parliament , p. , , ● . easter , the parliament adjourned by reason of its approach , till it was past , p. , , , . ease of the people from taxes desired , and to be sought by parliaments and kings , p. , , , , , , . eastmain manor in hampshire , the tenants complain of the bishop of winchester for raising new customs , but falsely , p. . ecclefield prior , an alien , his complaint , p. . edinburgh-castle garrisoned , and kept by the english , p. ● , . k. edward . his murderers condemned for traitors by parliament , though deposed ; his death examined , and earl mortimer the chief actor in it condemned and executed without legal tryal , p. , , . those who conspired to enlarge him , acquitted , pardoned , restored , ibid. k. edward . his title to france , his seal and stile thereupon newly altered as king of france , p. ● , . his wars and victorious proceedings in france , p. , , , , , , . see france . createth his sons dukes and earls , p. ● and his grandchild richard prince of wales , p. , , , . his great goodness and good will to his people , and their thanks for it , p. . ● . his thanks to god for victory over his enemies , p. . to the lords and commons , whom he feasts , p. . adviseth with his parl. touching his affairs in france , ireland , voyage to the holy land , p. , , , , . his sickness and recovery from it , p. , , , , gods love to him and his realm , p. . his goods praised and sold to pay his debts , p. . k. edward his title and claim to the crown , p. , , . confirmed by parliament , and submitted to . k. h. . h. . and their heirs d●sinherited and attainted as usurpers , traitors , p , . his speech and promise to the commons in parliament , p. ● . his marriage , government , issue , life , branded by richard . who usurped the crown , and murdered his sons , p. ● , , . election of the speaker in parliament , see commons . of knights for parliament , when and how to be made by the whole county by common consent , p. , , , , , , , , , , , . none to come armed to it , p. . a new election made , ibid. the chancellor and other great officers to be chosen in open parliament● p. , ● justices of peace to be chosen in parliament , p. . see iustices of peace . religious houses to have free election of their heads , p. . alde●men of london , when to be elected , p. , . of coroners , p. . bishops election , p. . of the mayor of the staple , p. . of king h. . in parliament , p. . of richard . by the three estates and parliament , p. . to . william ellis his impeachment and censure , p. . ely isle discharged from contributing to the knights wages of cambridge , for l. to purchase lands , p. . embracers not to be maintained by great persons , p. . an act against them , p. , . enemies ; provision for defence against , advice and aid to resist , suppress , assail them , one chief cause of calling parliaments , p. , , , , , , , , , , , , , , , , , , ; , , , , . see kingdoms defence . england , its invasion , conquest intended by the normans and french , p. , , ● , , , , , . it s misery and danger , p. . it 's self-sufficiencie and freedom , p. , . no● subject or tributary to the pope by king iohn's charter● p. , . english men to be preferred to benefices and ecclesiastical livings , and aliens ejected , p. , , . enriching the subjects , one cause of calling a parliament , p . enrollment of accounts in chancery , p . o● patents , p : of the commons conditions , p . of matters in the parliament-roll● by the clerk of parliament , p . of aids and subsidies granted , p . of deeds and charters in chancery , p . an act concerning enrollments , p . of a plea , p . of the clergies protestation in parliament , p , . oath of the bishops and lords enrolled in chancery , p . of deeds acknowledged , p . of the speakers protestation , p . of the duke of york and his sons oath and protestation , p . of a recovery in right of ward , p . entry into lands by the lord for mortmain upon a fraudulent conveyance to the king , p . upon a forcible entry and disseisor● p. . an act concerning entry into lands , p . entry of a plea omitted , p . an act touching false entries of clerks , p . rectified when mistaken , p , , . entry of apparances , p . error in parliament ; the manner of bringing the record of it into parliament by the chief iustice● the scire facias , proceedings , continuance of it from one parliament to another , assignment of errors , the execution of the iudgment when reversed therein , p. , , , , , , , , , , , , , , , , , , , , , , , , ● , , , , , , , , , , , . error upon a iudgment in an information for the king and party , p . in the exchequer to be redressed in the kings bench , p ● , . an act touching errors in london , p . errors in the common place to be redressed in the kings bench ; errors in it , in parliament , p . before iustices of assise , revocable before the chief iustice of the com●lace , p , . in either bench for an erronious iudgment in lincoln , p . an act for assigning errors , p . error in the kings bench and parliament , upon a iudgment in ireland , p . escapes of fugitives out of church-yards enquired of by the stewards of the kings house , and an escape awarded thereon ; complained as a grievance p . of prisoners and felons , how to be punished , p . escheators to be sufficient persons within the county , p , . to answer the profits of the kings tenants , p . to seise lands into the kings hands , p . waste done by them how to be punished , p . an act concerning them , p . none to remain above one year , p , , . ● . that no patent for any lands found by their inquest be granted , or the party outed of possession if he will be bound to answer the profits , if it be found for the king upon his traverse , p ● , , , . their inquests and offices to be traversed , how and when , p , . see traverse . none after sixty years to be an escheator , p. . not to seise any mans lands upon an inquest of office without a scire fac . p . oppress religious houses , p . none to remain in office above three years , p . none to execute the office for three years after his remove , p , . enquiry of their concealments , p . to be made by the councils advice , p ● ordered to return an office by a day , p . an act touching their inquisitions , p touching returns of their offices , p touching their fees , p ● patents to them for life in chester and flint made void , p . an act concerning them , p . escheats of lands and goods granted to calice , p . not to be granted by the king to any during the wars , p , . excepted out of the general pardon p . to be sold for the kings most profit , p . escuage pardoned , p. , . no escuage to be paid to london by the merchants of iean for their merchandise customed at southampton , p . essoins , no fourcher to be suffered by them , p . estreat , p . evidence to be given openly at the bar in inquests of conspiracie , &c. p . examinations read in parliament , of the duke of glocester taken by commission at callis , to attaint him of treason after his death , p . of doctors , of divine , civil , and canon law upon oath , touching the priviledge of sanctuaries , p . none to be compelled to be examined touching his freehold in parliament , or elsewhere . p . of witnesses on oath . see parliament . exchanges of lands &c. with the king , confirmed in parliament , p , , , . of lands for a casual custome with the king , adjudged fraud in the chancellor , p , . exchange of monies , and exchangers office , p , , , . between merchant and merchant , notwithstanding any statute , p , . acts touching exchange , p , , , . no mint-master to be a master of exchange , p . yet . . dispenced with : an act touching exchanges to rome , p . fees for exchange , p , . an account thereof to a committee of parliament , p , , . exchequer , a commission to the opposer of it repealed , p . justices extracts to be certified into it , p . kings debtors to rebate the same there in debts due to them from the king , p . vexations of accountants therein complained of , p , . attornies in accounts to be there received , ibid error there where to be redressed . see error : writs out of it upon inquests , on arrays to double or treble the value of the lands found , complained of , p . processe and issues there against accountants , p . the right use thereof to be kept , in levying aid to make the kings son a knight , p . an attaint prayed for verdicts there given , p . no man to be impeached there for a debt after payment and a tally , p . an act touching the remembrancer of it , p . that all scots money be brought into it by a day , p all accountants to be discharged there without delay , under pain of imprisonment , p . none to be called thither upon suggestion without due process , p . discharge of sums upon oath , and averment which cannot be levied , by sheriffs and others accounts there , to be made by the barons and council , or treasurer , p . see accounts . sheriffs not to give dinners to the officers of the exchequer , p . that men may wage their law there as well as in other courts , denied , p . search in the treasury there for discharges , p . an act touching debts there allowed , p . that justices of assise may take nisi prius of issues between the king and other persons of the exchequer , as well as of the k. b. and c. b. p . confession to be the kings debtor on record there , p . where prisoners in execution in newgate for debt , shall or may not be removed into the exchequer for the kings debt , p . remedy prayed against calling men to account for sweet wines & scotish money , p . see account . the wisest and ablest men to be officers there , p . the priviledges of the officers there to be declared , p . collectors of tenths to account there upon oath , p an act touching accounts there , p . clerks fees there , p . the barons and all other officers there ( specified ) to be learned in the law , or very skilful in the courses of the court , p . the chancellor and keeper of the privy-seal to survey the exchequer and receipts ; to remove such officers therein as are unfit , and to place others , p . an annuity to be paid out of it , p . complaint against writs thence , datum est nobis intelligi , p . averment there against sheriffs returns of smal issues , p . commissioners fined for not sitting● to be discharged there upon their oaths that they had no notice , p . no man after a quietus est to be called there to account , but for a concealment or false allowance● p . that all subpoena's thence quibusdam certis de causis , may be controlled , p . the treasurer and two chamberlains of the exchequer to have a key to the kings receipts● and their oath , p , . no sheriff or other officer to be impeached by process thence for things not leviable , p . no writs to be issued thence for any debts paid , under a penalty , p . an act against the extortions of officers there , p . excommunication denounced against breakers of peace , maintainers , false jurors , malefactors , p , , . for perjury● p . against all breakers of the oaths taken in , & r . p , , . of the kings officers for making arrests in churchyards complained against , p . sir iohn oldrastle excommunicated for heresie , p . the party cannot answer to the cause after it , p . the popes excommunication procured against breakers of the parliament of r . in derogation of the laws and crown , p . see p . protested against by the archbishop and clergy , p . see bulls . excommunicato capiendo lies without a scire facias which was desired , p . a complaint against an excommunication by the archbishop for a civil cause , p . execution avoided by practise , recharged on the party in the bishops prison , p . of lands at the day of the writ purchased , denied , p . see p , , , . executors , acquittance of one refusing administration prayed to be void , p , . restitution of a reward made to the executors , p . of gardian in socage , an account prayed against them , p . of captains taking wages to pay what they received p . pray payment of debts from the king p . pray redress in parliament against the abuses of a co-executor , p : may have an identitate nominis , p . whitington colledge founded by his executors , p . petition in parliament , p , , . an annuity confined for five years to executors , after the death of him to whom it is granted , p . executors made by the king , they to pay his debts , refuse to administer for want of assets , &c. p , , , , , , , . king h. . sole executor to q. katherine his mother , appoints others to execute her will , p . executors of executors , cannot have the like action as the estator , yet prayed , p . what actions are given them by statute , p . exemplifications under the great seal , of articles in parliament , p : of statutes , conditions , and commissions for inquiry of oppressions , p . of the statute for tithes● p . of judgements in the common pleas , p . of all deeds and charters inrolled , lost , burnt , or defaced in the insurrection , p . an act touching exemplifications of deeds , p . of an aid granted , and the conditions , for every county under the great seal freely , p . of a judgement enrolled , when the record in imbezzelled , p . exemption from offices and juries , prayed for all men above years , p , . exigents , where , when and how to issue , and in what actions , p , , , , , , , , , , , . extents at undervalues to be inquired of , p . of aliens farms duly returned , p . of the kings debtors lands upon his heir , p . extortions , exactions , and abuses complained of in parliament , and orders for redress in officers of the forrest , p the lord nevil p . sheriffs p , , , , , . escheators , p , . aulnagers , p , . ordinaries and bishops officers p , , , . farmers of customes p , , , , , . collectors of woolls and taxes , p . searchers , p . gagers of wines , p . officers and sheriffs of london , p , . merchants , p , , . officers of the exchequer , p . admirals p , . marshalsey , p . privie counsellors p : cyrographer , p . pope and his officers , p , . see pope . usurers , p . others p , , . , , , . , , , . commissioners for extortions , p , . extracts of justices to be yearrly returned into the exchequer , p . , . to be mentioned in the green-wax , at whose suit , in what term &c. p . eyres , of forrests not to be kept during the wars , p , , , , , judgement to pass in them under the chief justice seal , p . all points of the eyre desired to be pardoned , p● ● . no eyre to be kept without urgent necessity , p . f fair at bath , another raised at bristol to its nusance ; complained of , p . no fair to be held in two years , p. . an act touching fairs , p. . faith , want of it the root of all vice , p. . the restitution of true faith , the best means to make the kingdoms flourish p. . faith catholike to be maintained , p. , . false imprisonment upon attachments by forresters , p. . farm customers and others not to let their offices to farm , p. . no englishman to take any thing to farm of an alien religious , prayed , p. , , , , . hundreds , not to be let to farm , p. . bailiffs of wapentakes and hundreds not to farm them , p. , . farms of prior aliens to the king discharged , p. . farmers to the king to enjoy their grants upon resumptions , giving as much as others , p. . mainperers of the kings farms for felony , and their heirs how far chargeable to the king , p . farmers of customs and subsidies , abuses , exactions , p. . see extortion . farthings to be coined , p. , , , , . fear of death not to be pleaded in excuse by any lord or judge , p. . no excuse , p. ● , . the kinds and effects of fear , p. , . fee-farms , sheriffs to be discharged of those granted to others , and which they cannot levy , p , , , . port-towns petitions to be discharged of their fee-farms , or to be abated , p. , , , , , , , . of cambridge , p. . no re-entries for not payment of fee-farms of cities and towns , p . fees for justices of peace ; see iustices . for sealing writs , p. , . for admission to benefices , p. . of gaugers , p. . of clerks in the exchequer , p. . of the chamberlain of berwick , p . for probate of wills , p. , . of cyrographers for fines , p. , , . for measuring of vessels in cambridge , p. . for worsteds search and sealing , p. . for searchers of cloth , p. . of the exchanger , p. , , , : for the protector , p. , . fees accustomed only to be taken , p . fees of the justices and barons increased , p. . pardon 's granted without fees , p. . fees examined by commissioners , p. . to be ascertained , p. , , . extorted fees more then due , to be rendred to the king , p. . felons not to be maintained by great men or others , p. . an act concerning such as flie into secret places , p. . a clause for apprehending such as haunt london , and committing them to newgate , p. . an undue acquital of a felon before the justices of assise nulled , p ● . felons goods found by office , traversed , p. . felony to be enquired of by justices , p. . indictment and acquital of it , p. , . issue joyned thereon prayed to be tryed by nisi prius , p. . of chester-men , see cheshire . constable and marshal not to hold plea of felony , but the justices only , p. . pardon of felonies , p. . to be tryed in wales where committed , p. . an act touching felonies , p . attainder of felony by act of parliament for not appearing at a day ; avoided upon petition . p. . cutting out tongues , felony , p. . pulling out eyes , ibid. feme-covert , surrender by her and her husband of lands held of the dutchy of cornwal , entred in parliament . and her confession ; to binde her ; and the lands conveyed back to her by the duke , under age , for life , p . grants of goods and lands by the king , to the only use of a wise being covert ; and she enabled to sue and to be sued by parliament , p . feoffments and feoffees in trust by the king and others , ratified , and the breach of trust complained of and redressed in parliament , p , , , , , , , , , , , , , , . feoffment absolute by deed without condition by the king can have no condition annexed to it afterwards by parol , p . sir ralph ferrer's arrest and trial in parliament , upon suspition of treason , p , , . fescamp-abby , p . filicers how to be punished for untrue dealing , p . an act concerning them , p . fines for contempts and offences , by justices of oyer and terminer , p , . for not arraying men , p , , . in leets , p . of commissioners , p ● . in common & gross , p , . for riots● p . for false imprisonment , p ● several , p . . for insurrection and trespass , p . . pardoned , p , ● . by the clerk of the market , p . for not receiving gold , p . on labourers , p . for withholding lands without title , p . for arresting knights & burgesses against their priviledges , p . for suing in court christian , p . of masters for giving excessive wages , p . for marrying without license , p . for sorcible entry , p . fines and amerciaments of cambridge granted to the university , p . fine and ransom for offences and misdemeanors , p● ● , ● , , ● . in parliament . p . for a false return of a knight , p . fine by duress complained of , p . after pardon , p . fines excessive in leets complained of , p , , . fines for restitution , p . for liberties confirmed , p . for exemplifications , p . for writs , p . see writs . fines levied of lands by duress complained of , and restitution granted , for money , p , . averment against it by a stranger , not by a feme-covert party to it , p . non-claim of fines not to bar , p . justices to take recognisances of fines in their circuits beyond trent , p . fees for ingrossing them , p , , . fine by an infant not reversible after his full age , though prayed , p . an act touching the foot of fines , p , . a petition to reverse a fine for falshood , p . first-fruits of benefices levied by the popes officers , complained of and prohibited as a grievance , p , , , , , , , . to be paid to the king , as they were to the pope , p . fish● an ordinance for its sa●● at blackney , p . an act and commissions against destroying the fry of fish in the thames , p , . in havens and cre●ks , p . an act for retailing of p● ● . that all may freely go to island to fish , p . fishmongers of london under the rule of the mayor and aldermen , p , , . flanders debates concerning it in parl. p . prohibit merchant-strangers to buy staple-wares ; complained of , p . taken by the french king , p . in enmity against p● ● . voyage into it , p●● ●● . flattery of the scots prisoners taxed by the king , p . fleet , an act touching prisoners in it , p . see p . flemings silver according to the sterling to be currant among merchants , p . liberties granted them , p . enemies to england , p . flight , forfeiture of goods for it , p . of felons into secret places , p . forcible entries , p . forfeitures of all lands and goods for treason , p , , , , , , , , , , , , , ● , , , , , , , , , . for felony , p , , , , , . by outlawry● p . forfeiture to the lord lost by treason , p , . of goods and all , for deserting garrison-frontier-towns in times of war , p . of a jurats goods in iersey , for revolting to the enemy , p . for not paying customs , p● ● . by flight , p . for negligence and fraud of officers● p , , , . of widows-dowagers for marrying , p . not of an whole ship for a trisle uncustomed , p . for vert and vemson , p . without attainder , p . of yarn transported , p . of other manufactures exported , p ● . of goldsmiths not setting their marks to plate , p . of corn transported , p . for customing strangers goods in denizens names , p● ● . for shipping goods in strangers bottoms , p . for holding plea in the marshalsey of matters at common law , p . for usury or exchange● p . for not customing wares , p ● . copper l●ce and imbroide●y instead of gold forfeited , p . or staple ware , p . forestallers acts against them , , , , ● . punishment of them in cambridge by the vice cha●cellor , p ● . foreign county against trials in it , p , , . forreign inquest , and iuries in cases of corporations , p ; ● , . complained against in forresters , p● ● . forreign pleas , an act concerning them , p . forging deeds , an act against it● p a writ for it , and exigent in it● p , . the venire in it , ibid. a formedon stayed , p . forts and fortresses , all the kings to be surveyed , p ● . the petition that every man might freely make them , denied , p . accusations , impeachments for losse of forreign forts , p , , . the barbicans of the realm , and to be well defended , p . very chargable , aid prayed to keep them , p . welshmen to have none , and all there ●tored with english souldiers , p , . captains beyond the seas to repair their forts , p . fountain abby . a suit hanging long in the court of rome , and council of constance concerning it , p . an act concerning it , p . france , treaties of peace , truces , marriage with it , and proceedings in them p , , , , , , , , ● , , , , ● , , , , , , , , , ● , ● . english king thereof , and his stile , p , , , , , . wars with it● proce●dings , successes , victories , expences in them , and relations of them , p , , ● , , , , , , , , , , , , , , ● , , , , , , ● , ● , , , , , , , ● , , , , , , , , ● , , , , , , , ● , , , ● frenchmens treachery , p , , , , , , . prisone●s of them taken , and exchanged or ransomed , p , , . see prisoners of war. the french here how to be used , p , , , see aliens . duke of suffolks treachery in selling france , under pretext of peace , &c. p , , ● franchises their mischief , and restraint desired , p . no royal franchises to be grant●d or severed from the crown , p . assize of lands within them , p . fraternities , liberties granted them , pra●ed to be revoked p no live●y to be given by colour of them , p a● act concerning them p . freehold , no man to answer for it before the councel but by due process● of law , p . no man to be outed of 〈◊〉 by letters patents upon suggestions , un●●ss found for the king by inquest , or evidence in court , . none to be compelled to be examined concerning it in parliament or elsewhere , p ● . free quarter and forage to be taken upon the enemies in scotland , not on the marches of england , p . kings and queens horses , complaints against their free and irregular quartering and purveyances , and order for relief of the grieved , p . the subjects to be satisfied for victuals of souldiers lying for passage● and no victuals to be taken by colour of any protection , but for present pay , p all captains lying upon the sea-coasts for passage● must satisfie the damages done to the subjects by any of their souldiers , so as they make complaint before their departure , p . king richard the second articled against for his souldiers disorders , and not paying for their victuals , p ● . remedy upon complaint provided for the victuals of souldiers quartered in sundry ●owns , p . a petition that all souldiers passing through the realm do pay ●or their victuals , and lodging , p . see p ● . free trade , importation , exportation , buying , s●lling of goods and merchandise without restraint● petitioned for , and oft● granted , p , , , , , , ● , , , , ● , , ● , , . friers mendicants , a difference between them and both universities , and order setled therein , p , . their petition , and order thereon , not to pass the sea , nor to take degrees or o●ders of divinity on them , unless allowed by their provincials , p . an act concerning them and other friers , p . see alien● . frizes , an act concerning them , p . forrest , the charter of it confirmed to be observed , p , , , , , , , , , , , , , , , , , , , , , , . purlieu granted throughout them , and their bounds ascertained by ed. . but not kept by the forresters and ministers of the forrests , whose abuses , oppressions , vexations are complained of , p , , , , , , , . to render double damages , p . none to chase the kings game escaped out of the forrest , but the lords of the woods , p . no eyres to be kept there d●ring the wars , see eyres . purlieus in them to be enjoyed , p , , , . persons indicted before the iustices thereof for vert and venison , without being called to answer , to be bailed by an habeas corpus till the next eyre , p . old perambulations of forrests to be published by writ and observed , and new made , p , , , , , , . none to be impeached for hunting in the pur●ieu , out of the forrest lands , p , , . no man to be imprisoned or amerced for vert or venison against the assise of the forrest , p , , , . the indictments of vert and venison to express the places , else to be void , p . pardon desired for all points of the forrest , p . the forrest of dean granted as a forrest to the duke of gloucester in tail by assent of parliament , p . an act touching riots in this forrest , p . wardens of forrests to keep their officers from extortion , p . fotheringay , colledge of s. mary and all saints therein , p ● g gageors and gaging of vessels of wine and oil ; acts , petitions , orders , fees , complaints concerning them , p , , , , , . games prohibited by proclamation in places where parliaments sate , p , . unlawful games prohibited , p , , . garnishment in a scire fac . and recognisance , p . garnsey isle to be defended , p . exemption from tolls and ●allages granted to the men thereof for a time , p . receivers and triers of its petitions , see parliament . garrisons , order for them , p , , . see castles , forts . gascoigne , passages concerning it , and its defence , and wines there made , p , , ● , , . receivers and triers of petitions thence , see parliament . gaunt city , complaints and matters concerning it , p , , . general of the army to be named by the king ; impeached and censured for miscarriages , p , , . girdlers , an act concerning them , p . owen gl●ndor , his lands forfeited and given away for treason , an act against marriage with his kindred , a formedon by his heir staid , p , , , , . gloucester , complaint against their officers exactions for wares passing severn , p . pray they may freely pass severn with boats &c. p . order for pa●ing the chief streets in it , p . duke of gloucester slandered for intending to depose the king , and acquitted of it , p . his confession , murder , attainder after death , p , , . see the . table . protector , see the table of protectors . goal ruinous to be repaired with the profits of the county by the sheriff p . granted away , annexed by act to the shrivalty , p , . a printed act concerning goals , not in the record , p . no man to be imprisoned by iustices of peace , but in common goals , p . they to be in towns , p . goal delivery , to be made by justices of assize , p , . see justices of assize , to be speed●ly made , p . justices of peace to make delivery of them , p ● . places where to be made by act , p , . recognizance of persons bailed returnable the next goal-delivery , p . goalers not to be commssioners where men are to be imprisoned , p . not to be a justice of peace , p . an act concerning them , p . goderich castle , p . gold florines refined , and all strange gold forbidden , p . none to be inforced to receive it , the sum being under s p . to be received by the kings receivers● p . merchants to receive it for their wares under a penalty , p . payment of it so high in flanders , that great losse comes by its exchange , p . an act for its exchange , p. . advice for more plenty of it , p . to be paid to merchants for wares , p . one ounce of gold to be brought in by merchants ●or every sack of wool , p , , . an act concerning it , p . gold coyned in the tower , and its allay , p . an act concerning its weight , p ● to be new coyned that is not of full weight , p . an act for payment of gold by merchants aliens , p . cloth and ribband● of gold , who may wear , and who not , p . deceit by copper in stead of it , p . gold-finers of london , p. . goldsmiths , to set their marks upon their vessels , and how punished , if not according to the sterling , p● ● ● ● their charter in london confirmed , ought to have the assay of gold and silver wrought by cutlers , p . an act touching their guilding , p ● . an act concerning them , p . iohn de gominez his impeachment and censure for surrendring up a forreign garrison before extremity , p . theobald gorges case , disproving an office , that found him within age , and a ward . p . thomas of gourney condemned of treason in parliament● for murdering k. edw. ● . after his deposing . p . government good , one cause of summoning parliaments , and to be procured , supported , p , , , , , , , , , , , , , , , , , , , . oft promised , but not performed by k h● p iii government● king rich. . impeached and deposed for it in parliament , p to . to be inquired of , and redressed in parliament , p . brings destruction ●o realm , p , , . the benefit and means of good government , p , , . governors of garrisons power and duty , p , . see p , . castles and forts . grants of the king , not to be made of advowsons , franchises royal , o● lands annexed to the crown , p , . see resumsion . not to be made without the councels advice and treasurers , p . see councel . of lands found upon escheators offices when ●nd to whom to be made , p . see escheators , inquests . none to be made to the prejudice of the king and realm , p ● , of no l●nds , escheated during the wars , p . confirmed in parliament , p , , , , . see confirmation , charters . no legal grant to be stayed by the councel at the great or privy seal , p . green wax , complaints and orders concerning it , p , , . greenwich , its park and tower , with license to erect them , p . grievances to be complained of , and redressed in parliament , p , , , , , , , , , , , . see parliament . greyhounds● not to be kept by artificers , p . grocers , an act concerning them , p . guienne , matters concerning it , its defence , government , &c. p. ● , , , , , , , , ● , , , , , , , , ● , , , , , , , . the natives are denizens , not aliens● so declared , p . recei●ers and triers of their petitions appointed . see parliament . guilford , th●ir charter burnt in the insurrection renued , p . h habeas corpus in a nisi prius , p to remove a prisoner out of the bishops prison into the kings bench in execution , p : out of chancery to bail a murderer upon a petition in parl. p . haleng● prior● p . hall condemned and executed by judgment of parliament , as a traitor for murthering the duke of glocester at callis p , . half-pence to be coyned , and gally half pence , p , , , , . hamlet where a writ lyeth in it , or not ? p . hamper , clerk of it to pay the judges , and kings lawyers their wages , p . worth l a year in h . p . harlagh castle confirmed to sir roger kenaston , p . harling isle in southampton , their patent confirmed , and what quindesms they are to pay , p , . sir tho. haxey condemned of treason for exhibiting a scandalous bill to the commons in parl. against k. r. . his life pardoned at the bishops suit , p . restored and pardoned at the commons petition , p , . heir : to answer the king if he have no assets by descent , not a common person , p . of captains to pay any thing by them received , p . that the heirs of the kings debters upon extent , may hold the lands in lea●e , denied , p . to have a writ de aetate probanda , at full age , p . king henry . his claim of the crown , election , instalment , coronation , p , , : the crown intailed on his heirs male , p , . that intail reversed , his heir disinherited , and he pronounced a murtherer and usurpe● , p . his promises to execute the laws not performed , p . his will , legacies , executors , goods , debts , p , . king henry the fifth his right to the crown of france , resolution to pursue it , and proceedings in it , p , ● . his will , legacies , executors , overseers p , , ● . his conq●est of france , p . king henry the sixt king of france , p , , . crowned , and his protector discharged , p . his crown revenues , p . his t●uce with france , and marriage with queen margaret , p . his feoffment in trust to the use of his will , p . eaton and kings colledges founded and endowed by him , p , , . and the nunnery of sion p , , , . he hath a protector set over him at his full age , and commits the whole government of the realm to his councel , p , , . his answer to the duke of yorks claim and title to the crown , and submission to the lords award concerning it , p , , , . he and his issue deprived of the crown , attainted of treason , together with his queen and adherents by parliament . p , , , . heresie , the faith to be maintained against it , p . an act against heretical opinions varying from the record , ibid imprisonment for lollery , p . n●w sects from beyond seas , banished and suppressed , p . excommunication for heresie , p , . imprisonment for it , p invadeth the faith , p . the mischief of it , p , . a writ de haeretico comburendo granted in parliament● p . hereticks in prison delivered over to the ordinary , p . invade the church , p . despise the rights , and destroy the ministers of the church , p . heybeth-bridge , p ● . herrings , act concerning them , their prizes and fishing , p , , , , , . holydayes , no wages to be taken for them , p . homage , not to be done to the french king for guyen , callis , or what was got by the sword , by the king of england , p , . done to the pope by king iohn , but refused by the king and parliament , p . done to the king in parliament for the dutchy of aquitain , p . to be done to the french king for guyen , else no peace , p . homage done in parl. by the duke of hereford upon his creation , p . patent for respiting it revoked , p . subject , surrendring their homage to the king , treason● p , . resigned to r . upon his deposing by the commissioners for the three estates , p , . done to the king in parliament , p . by the duke of norfolk in parliament , before he took his place , p . feoffees of h. . may take the homage of any tenants holding of them , p . kissing the king in making homage , dispenced with by parliament because of the plague , p , ● . honor of the king to be supported , p . see king. hope , p , . horners , an act concerning them , p . horses of the king and queen , and purveyance for them complained of , his abuses therein , p , , . an act against taking horses without authority , p . horse-coursers , complaint against their excessive prices , p . hospitality to be kept on benefices , p , , , . decayed by aliens possessing of them , ibid. hospitals to pay no taxes , unless they did formerly , p . all ordinaries to certifie their foundations &c. into the chancery , that redress may be made in them , p . of s. leonards in york , to enjoy their thraues of corn in several counties , and recover them , p . hostages of the scots , an act touching them , p , . hosteries and inns , an act concerning them , p . houses decayed in burroughs , p . hu● and cry to be made and pursued , p . hundreds not to be let to farm , p , . reasonable warning to be given for holding them , p . hunting , no man to be impeached for hunting within the purlie● , and out of the bounds of the forrest , p . an act against hunters , p . i identitate nominis , an act for it , p , . for executors by act , p ● . iersey , the bailiffs thereof to se●se the goods of a iurate revolted to the enemy and chuse another , p . care taken for i●s defence , p . the king of navar 's promise to meet k. edw. . there with a a great force to invade france , p . exemption granted to the inhab●tants within england from tolls and customs for a time , as lieges , p . sir iohn cobham attainted of treason in parliament ; adjudged to remain prisoner in iersey during life . p . iewels of the king pawned , redeemed , and disposed of in cases of want of mony , p , , , ● , . the king to have all his grandfathers iewels p ● , . merchants bringing in iewels , &c. to transport staple-ware , p . king r . impeached for carrying the crown-iewels into ireland , p . king bound to return the queen into france with all her iewels , p ● . king r . his iewels left in trust , disposed in part , the rest delivered to h. . who pardoneth all accounts for them , p , . iewels in r. . his hands prayed to be restored to the duke of york , p . delivered to h. . his executors to pay his debts , p . impeachments in parliament , see commons , parliament , treason . impositions ; that such as by their own authority shall lay new ones without assent of parli●ment , may lose life , member , goods and lands . p . none to be imposed on merchandise without act of parliament by the three estates p , ● . fee taxes , to●nage and poundage . king and lords grant , that merchants amongst themselves , in cases of distress , might levy impositions for the safe transporting of their goods from the staple at calice , if besieged , p . but their grant cannot bind the commons without their assent thereto , p , , , . see taxes . impressing of masters and mariners of ships , its mischiefs , p . imprisonment for breach of the peace both of members and others , p , . see priviledge of parliament . complained of in parliament , p . for menaces and revenge , p . for not receiving gold , p . for forcible entry , p . of clerks for abuses , p . of vagabonds and counterfeits , p . of lollards and hereticks , p , , , . of such as infringe the good orders for attornies p . for suing in court christian , p for felony , p . of persons impeached in parliament , p , , , . for slandering peers , not avowing bills false complaints and contempts in parliament , see lords , parliament . surrendring forts to the enemy , p , , . for treason , p . imprisonment not to be without due process , not against the great charter , and complaints against it , when contrary , p , , , , , , , , ● . no goaler or constable of a castle to be a commissioner in cases of imprisonment , p . imprisonment to be in common goals , not private castles , p . by duress complained of and censured , p , , for misdemeanors complained of , p , . for delaying accountants in the exchequer , p . for oppression , fraud and extortion , p ● , . of the tinners in lestithiel castle , p . by officers of , or in the forrest , p . for murder , p , . of goldsmiths for not setting their marks to plate , &c. p . of a bishop , spared for his order , p . for provisions from p● ● . imprisonment perpetual and for life , of provisors , p , . of english-men farmers to aliens benefices , p . for counterfeiting others seals and deeds , p . for treason by judgment , p . of king r . p . of clerks convict , p . impropriations , an act to license them , p . incertainty ; fine and ransom intended , when penalties are incertain , p . in indictments of the forrest , to null them , p . in extracts to be certified , p . in purveyors bills , p . incontinency , occasioned by denying clergy for bigamy , p . indempnity in civil wars and insur●ections when ended , with exception of some particular persons only , p , , , , , , , , , . indictment , none to be accu●ed but by it , p , . by for●esters , by men of other counties , complained against , p . before justices of peace , p . before the coroner , p . in the sheriff . turn , p . o● vert and venison , to express the places where taken , p . conspiracy upon indictments , p . an act touching them , p , . process in it , p , . an act concerning indictments in sheriffs turns , p , . none in a foreign county , unless the plaintiff appeal , &c. p . fraudulent suppressed , p . of treason confirmed in parliament , p . indictor challenged by the party indicted , p . none to be put in the inquest of th●eves , p . infant , at full age , how to avoid a recognisance during his minority , p . inspected in parliament upon an aetate probanda , and there adjudged under age after his livery sued , and his lands reseised , p . to have two or three years respite a●ter his full age to reverse a fine in his infancy , denied , p . makes a lease in parliament , and promiseth there to confirm it at full age , p . the duke of buckingham an infant enacted to be of full age to all purposes , p . informers for the king and themselves , take the whole principle and damages to themselves . error , not attaint lies on judgments on their informations , p . ingrossing of wines to be enquired after and by whom , p . inhibition of the archbishop to admit , how to be avoided , p . inquisitions and inquiry . inquests of things done in religious houses by the kings officers , complained against , p . of the kings revenues in ireland , and neglects , frauds in his officers there , p ● men not to be put out of possessions of their lands by inquests of office found by escheators or others , if they put in sureties to traverse them , and answer the profits if found against them , prayed , p , , , , , traversable , p . inquests of the value of mens lands returned into chancery upon oath , p . inquiries of false mony , frauds and oppressions , p , . of nin●hs , moved to cease , p . of robbery and ●hieves . p of conspiracie and maintenance to be returned by the sheriff of the most lawful and nearest men , p , . of extortions , p . of mortmain , p . of liberties granted in every county , p . of maintainers &c. p . jurors in inquisitions to be sworne , and demanded on their oaths whether they , or any for their use received any thing , p . an act touching inquisitions by escheators , p , . inquiries of the whole profits of every county prayed , p . inspection of persons whether of age , p , . insurrections pardoned , p , , . see duress . intrusions into lands held in chief , desired to be pardoned , p . king iohn his homage to the pope for england , not binding to his successors or the realm , p . s. iohn's of ierusalem , a scire fac . sued by the prior thereof , p . their house and manors destroyed in the insurrections , and those who were chief actors excepted out of the pardon , p . responcies in the priors hands converted to to the defence of the rhodes against the turks , p . his forges in fleet-street , and rent for them , p . iointenants , summon'd and severed , p , . iointure confirmed in parliament , p . ipswich , the staple and shipping of woolls prayed to be there , p , . ireland , care and aid for its safety , defence and affairs in parliament : the k●ngs expeditions thither to conquer and subdue it when rebellious , p . . . . ●. . . . . . . . . . . . . . . . . . . . . receivers and triers of petitions thence , see parliament . king r. . impeached for exaction● on the clergy for it , and carrying over his jewels thither , p , . justices banished into ireland , annuities assigned them , p . men learned in the law sent thither to serve as ●ustices to have no excuse , p . all the kings records to be searched to see what hath been done for its amendment , p . all who have any lands there , to repair thither for its defence , ibid. inquiry after the kings revenues , and his officers frauds and neglects there , p . order taken that the lands of coparceners there might not descend to persons enemies to the king , who would move wars against him , p . earl of march lieutenant of ireland , his protection allowed in parliament , to stay proceeding● on a writ of error , p . robert de vere created marquess of dublin ; the old lands and dominions of ireland conferred on him , and all lands there conquered by him , p ● . outlawry for felony in ireland , and hereditaments therepon seised by the kings lieutenant ; restitution prayed , p , . iohn lord talbot lieutenant of ireland his impeachment of the earl of ormond for treason by articles in the marshals court , utterly abolished , p , ● error for erroneous iudgment in the parliament of ireland brought in b. r. which could not end it , prayed to be ended in parl. here , p . s●fe-conduct granted to an irish man to come to the king and his council , p . restitution in the parliament of england to lands in ireland , p . all irish men in england to repair into ireland for its defence , under pain of an yearly penalty there rated , p . an act against non-residence in ireland , and prayer that irish-men bailed by the laws of england may enjoy the benefit of k. ed. . his pardon , &c. p . an act against irish begging priests and beggers , p . against irish b●shops , p . for avoiding irish-men , p . iron , an act against its exportation , . island , free liberty of fishing there prayed , p . issues lost by the reason of the insurrection , pardoned , p . issues in the exchequer against accountants before warning , complained of , p . pardon of issues lost , craved , p . averment against small issues returned in the exchequer , p . iudge , none to be in his own case , p , , ● iudgment , scire fac . and error on it , p . see error . an act touching iudgments in pleas , p . iudgment affirmed in parliament , p . prayed in parliament where no remedy at law and granted , p , , . all iudgments against owen glendor confirmed by act , p . an act touching iudgments , p . ivelchester , its burgesses petition to be discharged of a fee-farm , &c. p . iurors , false to be enquired of and excommunicated , p . special able iurors ordered and returned in special cases by order in parliament , , , , . iurors to say the verity of the fact in every inquest and great assise , as well as in novel disseisin , p . to be of the most lawful and nearest men in the county , p , . upon appeals in k. b. p . an act against their corrupt taking p : complained of and examined , p . an act touching their discharge in nisi prius , p . what persons in lincoln , and in attaints upon verdicts there , p . misnamed in the venire fac . what remedy , p ● to be sworne and examined upon oath truly to say whether they or any of them received any thing , p . damages in an attaint to be recovered against them , and none to be returned therein under l. p , , . an act touching iuries in p● ● . iustice , its due execution desired , promised by our kings , and one chief cause of calling parliaments , p , , , , , , , , , , , , , , , , , , , . not to be denied or kept back from any , p , . see iustices of the bench. iustices of the bench , sworne to t●ke no reward , give good counsel , &c. their respective oaths , p . , ● . , , , , , . their fees increased , and by whom to be paid , p , , , . to enquire of false jurors and maintenance , p . to ride circuits twice a year , and take cogni●ance of fines and letters of attorney , prayed , p . judge rashly in confederacie , p . to be governors of merchant-strangers , ibid. not to stay justice for the great or privy seal , or any other command , p , , . a procedendo to them , and adjournment for difficulty into parliament by them p . to meet with the bishops , and take order concerning pensions , p . to execute their offices without assent of the council , p . deliver their opinions in parliament touching a livery and seisin , which is judged accordingly , p . no suit between parties to be ended before the council , but iustices only , p . londoners to attend before the kings iustices only , p . polled five pounds a man , when as earls paid but four pounds , p . charged in full parliament to say their knowledge touching a point in law about a condition by paroll , p ● examined and sworne before the king upon oath to deliver their opinions in parliament touching the priviledge of sanctuaries in debt and executions● p . to have power to grant nisi prius for delivery of prisoners , p . called to the parliament of northampton , where the causes of it were declared , p . to be of the wisest and ablest men , and sworne to declare the delayes and defects of the law , that they may be remedied , p . advised with in parliament in a case of suing livery within the county of lancaster , p . some of them banished into ireland , have annuities assigned them , p . recalled thence , p , . to devise assarances for annuities granted to the dukes of york and glocester , p . declare to a peer arraigned in parliament , and pleading his pardon revoked by it ; — that the law would judge him guilty , if he said nothing else p . sir william thurning a justice pronounceth the sentence of deposition against k. rich. . p . his procuring his justices to speak against law , discountenancing them for good advice , saying , the laws were in his own brest , &c. chief branches of his impeachment for which he was deposed , p , . one of them examined in parliament , about the examination of the duke of glocester , which he took by commission , and acquitted p , . appointed to order the fees of marshals , p . that the chief justice may be justice in no other place , prayed , p . petition of the earl of northumberland in parliament , touching his insurrection delivered by the king to the justices to be considered ; whereupon the lords protested , that the judgment in this case belonged only to them , which they only judge to be but trespass . and no treason , p they are consulted with by the king and lords in in the commission of array amended by the commons , p . a writ directed to the justices of the kings bench to try one committed by the marshal of england , according to the common law , p . their fees excepted from resumption , p . to agree on the law touching a jurors mis-naming , p , . to appoint the number of attornies for every county , swear them every term to deal faithfully , and regulate the mischiefs in their courts , p , . to have sufficient power to record attornies , p . whether a prohibition ought to be granted in case of tithes , resolved in parliament it ought not , upon long debates of the lords and justices , p . the lords of the councel to end all petitions not ended by parliament by advice of the justices , p . remove a prisoner formerly in execution out of the bishops prison , till the execution satisfied , p . judgement in parliament in case of precedency between the earls of arundel and devon , given by the judges advice , p . the lords and justices upon the commons impeachment of the duke of suffolk , in parliament , and motion for his commitment upon consultation , thought there was no good cause for it , without some special matter objected , p demanded their advice in a case of priviledge concerning the taking of the speaker in execution , answer that it was not their part to judge of the parliaments priviledges ; onely said there was no general but special supersedeas of parliament , &c. p . may inquire of sacriledge , p . matters referred to them upon petitions in parliament : see parliament . they refuse to advise or make defence touching the duke of york his claim , and t●●le to the crown , p , . no prelate to be impeached of any crime before them , nor they to inquire of process made by ecclesiastical officers , p . such as sue forth assises , not to pay for the iustices patents , p● ● . they or their clerks to inroll all deeds within three months after they are brought , p . to remit matters in the admiralty to the common-law , that belong unto it , p . iustices of assise , take an assise after their patent revoked , whereby the plaintiff could have no judgement on his verdict but by special order of parliament , p ● . to make speedy deliverance of theeves and robbers so oft as need shall require , p . iustices of assise , and goal delivery , what to inquire of , and to make delivery before they depart , p , . to be sworn as iustices of the bench , to inquire of false monies , p . to keep their sessions in towns where goals be , to have pa●ents of goal-deliveries as well as assize , and make deliverance before their de●arture at least once a year , p , . the chief iustice of common bench to be none , because the errors of iustices of assise are revocable before him , p , . to take nisi prius , in issues between the king and others in the exchequer , p . none to be in his own county , and when and where to keep their sessions , p . an act touching them , p . no lord to sit with them , p . to take order for sufficient prisons , p . to deliver their records into the treasury , p . iustices of oyer and terminer , to be sworn as those of the bench , and the chief to swear the rest , p . to be assigned in parliament , p . to be learned and determine all felonies , p . to inquire of false monies , and advise with the king before they allow of pardon granted for it . p . to assess and take the fines of sureties in their presence p . to inquire of the liberty of tinners imprisoned , p . no writs of oyer and terminer to be granted , but by advice of the councel , and upon good proof , p . no general commission to be granted without urgent necessity , p , . to be assigned in northumberland , as need shall require , p , inquest of office taken before them , p : iustices of peace to be appointed in every county with their commissions , powers what to do , hear and determine , p , , , , , , , , , , , , , , , , , , , , , , , . one or two of them to be learned in the law who shall be chief , p , , , , , , , . to certifie their extracts yearly before the king , or into the exchequer , p , . see extracts . to have fees allowed them , p , , , , , , , ● , , , . . to be nominated and chosen in the parliament , p , , , , , . to be great men , lords , knights , and of best quality , p , , , , , , , . the poorer to be removed , p , . to keep their sessions four times a year , p , . none to be displaced without the kings speciall command , or testimony of their fellows , p , , , . to make no deputies , p . no association to them , p , . no sheriff or coroner to be one during their offices , p , , . atturnies to be made by such as are indicted before them , p . the commons to nominate , and king to chuse them at his pleasure , p . the king and his councel to name them , p , , . no constable of a castle to be a iustice of peace , p . iustices of peace , to set the assize of wines , p . to be removed for not executing the statute of labourers , p . to raise the power of the shire to suppresse routs and riots , p . not to inquire of any thing to be redressed in lords leets , p . no iustice of assize to be a iustice of peace in his own county , p . to take sureties of good behaviour from vagabonds and sailers , else to commit them , p . an act concerning them and their oath , p . acts concerning them , p , , . to imprison none but in common goals , p . stewards of the dutchy of lancaster to be iustices of peace within their circuits , , . to amend misprisions of their clerks , p . amerciaments in their sessions , p . k. keepers of england , and parliaments held by them . see custos regni , the first table , and parliaments . kent . edmund earl of it slain , p , . the manner of collecting subsidies in it , p . see dover castle . kersies , acts concerning them , and customes for them , p , , , , , , , . king , personally present in the beginning of parliaments , when the causes of them were declared : at their ending , and at some other seasons , p , , , , , , , , , , . , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ● , , , , , , , , , . speech in parliament , p , , , , . the parliament summoned by his writs , adjourned , prorogued by his order , commissions , held by him and his commissioners , and dissolved by his order , see parliament . his coronation oath p , , , , . renued p . to consult with , and to be counselled and advised by his parliament and councel , in matters of the kingdoms defence by land , sea , vvar , peace , government , execution of laws , redress of grievances and all publike affairs : see these titles ; parliament , and p , , , . , , , . , , , . , , , , , , , . his duty towards his subjects declared , p ● . , , . his subjects duty towards him , to obey , aid , defend him cheerfully , &c. in his necessities , p , , , , , , , , , , , , , . sole emperor of the realm , and sole supream governour of it , p , . his crown free from the pope , and all other forreign power , subject to no earthly soveraign but onely to god , and none other in all things touching regalities , p , , , . his supremacy over his subjects , p , . sworn to defend the prerogatives , liberties and rights of his crown , p . , . statutes and acts against , and in derogation of his prerogative and crown void , repealed as null , at the commons and parliaments petition , p , , , , , . his prerogatives and liberties saved , excepted by his protestations , in answer to petitions and royal assent to laws in parliament , which seem to impeach and trench thereon , p . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . the lords and commons in parliament pray , enact , that the kings prerogative & crown may be kept , all things attempted or done to the contrary redressed , and that he might be as free and injoy his prerogative as amply as his progenitors , notwithstanding any statute , p , , . , . the abuse of this power to subvert laws articled against k r . p . which h . promiseth not to do , p . his prerogative to make the prince of wales earls , dukes , p , , . see these titles . all his children where ever born denizens , and inheritable , not aliens , p , . to present at any time to his churches that fall void , p . to have aid to make his son a knight , and marry his daughter , p ● see aid . to seize the lands and benefices of of priors aliens in times of war , p . see aliens . in taking purveyance , p . see purveyance . to appoint such assessors and collectors of taxes and subsidies as he shall like , p ● . see electors . to appoint justices of peace . to displace them by speciall command , p . no nisi prius to be taken where he is party without his attornies consent , p . no attaint in verdicts in the exchequer found for him where he is party , p . no alienation of lands held of him in chief without license , p . hath free election to chuse , approve , and remove his officers and councel at his pleasure , p , , , , , , , , , . his liberty to aid his allies , p . no averment lies against protection , p . to appoint the staple where he and his councel think best , p . see staple . to grant pardons and shew favor when and to whom he pleaseth at his pleasure , p , , , , , . see pardon . his game not to be killed or chased , p . to have deodands , p . see deodands . not to give an account of subsidies , p . to have fines for writs in chancery , to lose no such commodity left him by his ancestors , p . see fines . in granting patents to sheriffs and escheators for longer space then one year , p . to dispence with mens residence at his pleasure , p . in subpoena's , and proceedings in chancery , p . in prisage of wines , p . see prisage : in granting lands without his councils advice , p . to have his own rights , and do right to others , p . to resume crown lands and annuities granted , so far as by law and his prerogative he may , p . see resumption . patents in derogation of his prerogative revoked , p . grants liberty of speech and priviledge to the speaker and commons in parliament , saving his prerogative , p . gives a non obstante to the popes own bull to the university of oxford for the archbishops visiting it , p , . avoids aliens saving his prerogative , p . his goods not to be set to common sale , p . to maintain his prerogative , and the common law in protections , p . he may charge heirs executors and accountants where common persons cannot p . see heirs , executors , accounts , exchequer : none may wage his law where the king is party , p . kings protestations in parl●ament for saving his prerogative and liberties when trenched upon by any thing demanded , or g●anted for at the present , p , . to appoint eyres and other inqui●ies at his pleasure , p . to cont●nue the staple in certain places at his pleasure , p . to appoint or not at his pleasure , such as are above sixty years to be officers , p . to shew favour to sheriffs in their accounts at his pleasure , p . will do his pleasure in removing sheriffs , customers and controllers yearly , p , . his houshold to be viewed at his pleasure , p officers during the kings pleasure , p , . imprisonment during his pleasure , p . not to depart with his old right to have and chuse a coroner in london , nor grant any thing to his prejudice , p , . will do his pleasure in resuming and letting lands in wales , p . his pleasure to be known touching customed goods , p . a mint at york during the kings pleasure , p . the chancellor to grant licenses of alienation till the king be otherwise minded , p . a protector of the realm made in parliament , so long as it shall please the king , p , . might conclude a peace without a parliament , but will not without their advice , p . the kings disinheritance , the impairing of his regality and crown by the popes provisions , usurpations , or otherwise , not to be endured , but redressed and punished by parliaments , p , , , , , , , , , , , , , , . his antient rights not to be parted with , or granted to others , p , , , , . his profit to be advanced , and things contrary to it denied when petitioned for , p , , , , , , , , , . his safety to be provided for by parliament , p , , , , . his honor to be tendered , supported by his subjects , parliaments , council ; nothing done against it upon petitions ; aids granted for that end , p , , , , , , , , , , , , , , , , , , , , , , , , . cannot subject his realm or subjects to the pope , or any foreign power , nor prejudice his successors without their common consent in parliament , p , . dishonorable , to be bound to make n● gift of land , ward , escheat , or other , till out of debt , and refused by him , p . such as hold any fee from him , to serve him in the wars , p . slandered by a bill exhibited to the commons , who crave pardon for it , deliver the bill , for which the exhibitor is condemned of ●reason , p , . the common● crave pardon of him in parliament on their knees for a misinformation , p ● . ought not to talk of the kings person in parliament otherwise then beseems them , p . grieved for the kings displeasure and crave his pardon and good will p , , . their thanks to him for his goodness , good will , good government , travel in the wars , &c. p , . see commons . the king ought to live of his own , without burdening and taxing the subjects p , , , , . the total of his revenues , p . ought to yield to his subjects according to law , though he cannot part with his right , p . purgeth lords suspected of treason and disloyalty in open parliament , p , , , . he gives iudgment of banishment in parliament on a peer , in an extraordinary way , without the lords , who protest against it , p . gives iudgment of banishment and forfeiture of lands for tre●son , in parliament , against the archbishop of canterbury , together with the lords , p , . the king and lords judges in parliament , p . see parliament . gives judgment of banishment by authority of parliament , against the duke of norfolk , for sedition● words spoken against him , p ● . his royal assent to and confirmation of bills , petitions &c. in parliament , p , , , , , , , . , , . to a bishop elect , p . his publike thanks to the lords and commons , joyntly and severally , by himself or his chancellor , for their aids granted , pains taken , good advice , and affections shewed to him or his children● p , , , , , , , , , , , , , , , , , , , ● , , , , ● , , , . gives thanks to his councel and others , at the commons request , . a committee of lords and commons sent to him for his royall assent , and to visit him &c. when sick , p , , . the kings expences , revenues of all sorts examined by speciall commissioners , ordered by them , and his councel by order of parliament , p , , , . see councel . his grants and gifts examined , resumed p . see resumption . his court , houshold , moved to be regulated , reformed , his confessor with others suspected , hated persons , and aliens removed out of it : supervised , regulated at the motion of the commons , and by order of parliament , during the kings minority , and sometimes at his full age by his assent , with a protestation of his liberty , &c. and sometimes opposed , p , , , , . , , , , , . , , , , , , , . , , . cannot binde his successors by any oath , p . good government prayed about his person , and vertuous education during his minority , p , , . crowned , p , ● , . that he may be the better counselled , prayed , p . the kings minority , p , . of full age , and then takes the government to himself , p , . his protector during his minority , and their power : see protector . custos or keepers of the realm in his absence , with their power ; see the first table , and parliament . he holds and claims the crown by descent and birthright as from god , not by election from the people , p , , , , , , , ● . yet r . claimed and took it , both by election and descent , p , . the kings councel and court officers named in parliament , when and in what cases , with protestation of his liberty , to admit or change them at his pleasure ; see commons , councel . p , , , , . his voyage royal into france , ireland , the holy land , and marriage with france , consulted of , and resolved in the parliament , p , , , , , , , , , , , , , . his stile and arm altered in relation to france , by consent of parliament , p , , , , , , . hi● houshold-charges setled , and provisions for it by parliament , p ● , , . his castles and houses to be surveyed , repaired , and their profits not to be granted away , p . authorised by parliament to make a will , his will and executors , p , , . see executors . his debts paid by his executors , trustees : orders in parliament for paiment of them by assignments and otherwise , p , , , , , , , , , , , , , , , , , , , , , , , , . kings revenues laid up for one whole year , without any diminution by gifts , p . his jewels pawned to relieve his necessities and the publick , p● ● , . see iewels ought to be puissant and severe in the execution of his laws , p ● an inquisition for his goods embezelled , p . his messengers to the parliament , relating his foreign affairs , and wants to them , p , , , , , . edward . no lawful king during his deposed fathers lif● , p . kings officers who imploy their pains in his service falsly accused , to be speedily tryed and acquitted , p , . the kings command to arrest traitors , a sufficient ground of indempnity for murther and felony in the execution , and pardon of them , p . his promises to be really performed , p , . king henry . his many 〈◊〉 promises for due execution of the laws not executed , p . the kings crown in gods hands , p . what his crown imports and signifies , p , ● . his majesty supported by the hand and counsel of god , p . to hazard his own person to any perils for the defence of the realm , to encourage others , p . the subjects hearts his best riches and security , p , . to grant no pardon for any murder or felony , but where he may save his oath , p . not to subject the realm to the pope against his coronation-oath , p . not to be acquainted with , or take notice of any debates or votes in the commons house till concluded of , and that only by the mouth of the speaker , p . he feasts the lords and commons , see commons . accroachment of his royal power ; attempting to depose or kill him ; adhering to his enemies , clipping or counterfeiting his coin , &c. treason ; see treason . hath power by parliament with his council to make ordinances for coin , see ordinances . parliaments ended and dissolved by his order and commission ; see parliament . inviteth all the lords and commons to dine with him , p . intrusted to moderate and dispence with the statute of provisors , see provisors . kingdoms defence by sea and land , one principal cause of summoning parliament for aid and advice concerning it , p , , , , , , , ● , , , , , , , , , , , , , , , , , , , , . could not be subjected to the pope by king iohn , without the parliaments consent , p . undone and oppressed by children , young and ill council and government , p , , , . the kingdom of england always so free , that it is subject to none but god , not to the pope , nor any other foreign power , p . . knighthood , fine for not recovering it to be but once made , p : knights of shires for parliament , how and by whom to be elected ; see election . elected only upon the kings letters● not by the peoyle ; an article against king r. . p . yet their election by the kings letters alone without the people , voted to be good , and the sheriffs discharged from penalty , by a patched parliament , p . see h . c. . a new election ordered , and none to come armed to it , p . a sheriff fi●ed , imprisoned for a false return of a knight , and ordered to amend it , p . to nominate justices of peace for the county in parliament , p , . appoint collectors and commissioners for the subsidy , p . the knights of shires by themselves require a conference with the merchants , p . assent to a peace with france , so as the king do no homage , p . writs for their wages in parliament , when and now granted , how and on whom to be levied , and on whom not ; not on lords or bishops , or their tenants , nor yet on franchises , p . , , , , , , , , , , , , , , , , , , . to receive no wages when nothing is done in parliament , unless old presidents warrant it , p . kings bench , to stay in warwick-shire for a time , p . errors in the common-pleas reversed in it , and in the excoequer prayed , p , . a great seal ordained for sealing judicial writs in it , p . juries in the remote north-counties will not appear in it upon appeals , p , . error and attaint therein upon judgments and verdicts in lincoln , p . traverses of offices and scire fac . out of the chancery to be tryed in it , p , . kings-bench prison , and prisoners in execution there , p . l laborers : acts concerning them and their wages , the justices to enquire of and fyne them for excessive wages , their fynes how to be disposed of● &c. p. , ● , , ● , ● , , , , , , , , ● ● . lancaster : the earls insurrection and pardon , p. . a county palatine : a chancery , where the tenants are to sue livery , p. . the dutchy of lancaster setled on the prince in tail , dissever'd from the crown , p. , , , . its customes and rights confirmed , p. , . lands annexed to it by parliament to be of the same nature , p. . the steward 's thereof , to be justices of peace , p. . no land thereof to pass or be granted , but under the dutchy seal , p. , , , , . a chantry of lands of the dutchy confirmed by parliament● p. . an act concerning outlawries in it , p. , , . to lose goods , and be outlawed only , as to the dutchy , ibid. p. . king henry the sixth his feofment of a great part thereof , under the great and dutchy seal , to feofees in trust to the use of his last will , p. , ● , , . the officers respective , and government thereof , p. , ● . part thereof assigned to the q●een for her dower under the dutchy seal alone , without livery and seisin ; enacted and confirmed to be good , p. . resumed and united to the crown● and the chancellor of the dutchy to make assurances out of it , for paiment of the kings debts , p. . langley freers , p. . laimen made chief officers in place of the clergy , p. . william lord latymer his impeachment , censure in parliament , p. , . pardoned and restored , p. . robert latymer his case about a ward , p. , . law : patent against it , revoked p. . the maintenance , execution , observation of the laws , and redress of the breaches of them , one chief cause of calling parliaments , and so declared , p. , , , , , , ● , , , , , , , , , , , , , , , , , , , , , , , , . see justice , great officers , and others sworn to keep them , p. , , , , . see oath . all ought to obey them● p. . their obedience the cause of peace , p. . good laws to be made where wanting , p. . ● , . delayes and defects in them to be redressed , p. . ill laws to be reformed , and obscure explained , p. , , , . statutes repealed because contrary to law , p. ● . an oath refused by the justices and others because contrary to law , p. . law to be free and denied to no man the chargeableness thereof to be redressed , p. , . perverted against the letter and intent , p. . new required in particular cases , p. , , , , , , , , . old law not to be altered but by act of parliament p. , , , , . procuring judges to speak against the law , an impeachment against k. r. . p. , . the common and old law to stand not to be altered ; that the king and lords will not alter the law ; that the common law shall be kept , the answer to sundry petitions in parliament . p. , , , , , , ● , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , . nothing to be done in derogation of the common law , p. . matters at common law not to be sued before the council , admiral , marshal , or chancellor . see those titles . subversion of the law , an article of impeachment against k. r. . p. , . and charged against k. e. . p. , . the king not to use his prerogative to the subversion of the law , nor contrary to it , p. , , . that all laws are in the kings breast , and that he may alter , or expound them at his pleasure ; and article against r. . when deposed , ibid , common law not to be delayed or stayed , p. . see justice and justices . all the kings officers to maintain the common law ; to pursue no suit or quarrel by any other means then by order of it , nor appoint any officer by any mediation contrary to law , p. . all the council swears thereunto , p. , . see statutes : every english mans inheritance , p. . law-breakers not to be retained or maintained by any of the three estates , p. , . law-civil , the termes of it not understood by the commons , p. . doctors of it , sworn to deliver their opinions concerning the priviledges of sanctuaries , p. . law-canon : the bishops prohibited by it to be present in parliament in matters of blood , p. . see canons . law-martial , and of the land differ , p. . trial by it for treason , ordered by parliament , p. , , . suffering subjects to be tried by it , contrary to the law of the land and kings oath , an article against r. . when deposed , p. . a trial intended by it , referred to the judges to be by the common law , p. , . a general pardon granted to such who in the insurrection executed any rebels without due process of law , by martial law , p. . a commission in times of war , to execute all rebels by way of martial law , p. . executions of men by it without legal trial , reversed by parliament , as erroneous , p. , . lawyers sent to be justices into ireland , and to have no excuse , p. . to repress and redress the laws defects , p. . to be iustices of peace in every county , &c. see iustices , active in deposing of king r. . in bringing in k. r. . and approving his title to the crown , p. , , , . decline the defence of k. h. . his title against the claim of the duke of york , p , . leagues and truces with france , scotland , and other nations and princes , related to , or approved , confirmed in parliament , p. , , , , , , , , , . learnings decay , and learned mens discountenance by provisions and aliens preferments complain'd against for redress , p. . l●ases of lands found by ●●quest to be made to the party that traverseth it , p. . of dutchy-lands , and by trustees how to be made , p. , . see customers , controllers , sheriffs , farmers . leather , an act concerning its tanning , p. . sir iohn lee , steward of the kings house , his impeachment answer , censure , p. ● . leets : excessive fynes in them to be redressed , p. . that presentments may be in them but twice a yeer , p. . justices of peace not to e●quire of any articles to be redressed in them , p. . not to punish taverners , nor be disturbed though within the verge , p. . an act concerning indictments in them , p. ● . letters to the parliament , p. . not to be sent by aliens in time of war. see aliens . given in evidence when found by a beggar in an impeachment of treason , p. , . leiutenant of an army made by the general , p . lewes wool to be there shipped , p. . and weighed , p. . ley river : nusances in it , how and by whom to be redressed , p. , , , . leicester , the new colledge in it . land confirmed to the dean thereof , p. ● . libel to be sealed with the judges seal , and shewed to the chancellor upon a prohibition prayed , p. . liberties , that all persons and corporations may fully enjoy their libertys , franchises , one prime cause of calling parliament , and so declared ; and the conservation of them one chief petition of the commons , when violated , p. , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , . see corporations , church , and magna charta . liberties of cambridge seized into the kings hands for the towns-mens insurrection and abuses to the university and scholars , p. , . lords of liberties to be compounded with p. . library of hugh le dispencer , p. . license : none to be granted by the king to buy wines against the statute , p. . procuring licenses to transport wool and staple ware . an article of impeachment in parliament p. . for exchange between merchants by the chancellor , p. . to transport cor● , p. . to pass over sea with the bishop of norwich to the wars , p. . to carry victuals to scotland & elsewhere p. . an act for licenses of impropriations , p. . for transporting staple wares , revoked upon petition p. . fo● all to pass the seas to p●iors : aliens denied p . none to be granted to transport wools or looms but onely to calice , p. , , , . of alie●a●ion by the chancellor● p. . an act against them fo shipping wool , p. . for marriage p. . by the customer to transport corn from county to county denied ; p. . to transport t●● , p. . lincoln , a petition for holding the staple there . p. . a complaint of the b●shop , dean and chapter thereof , against the m●jor and towns-men ; and the inj●stice of their trials and juries : their contempt , and the order thereupon touching ju●ies and attaints there , p. . an act touching the bishop , dean and chapter thereof , p. . the citizens pray to be eased of their feofarme , p. , . writs to be directed to the sheriffe of the county upon error brought for a judgement in it , p. . an accord between the dean and chapter made by the b●shop , confirmed in parliament , with a forfeiture to repair the church of lincoln , p. . liveries and retainers , acts and orders and petitions concerning them , p. , , ● , , , , , ● , , , , , , , , . livery and seisi● by a ring delivered adjudged good in law● p. . of lands in the kings case without condi●ion upon his charter● p. . of lands in cornwal , made in parliament by the prince , then an infant , p. . d●wer assigned to the queen of dutchy lands , enacted to be good without livery and seisin , p. . livery ouster le main , by a writ de aetate probanda , eversed in parliament by inspection and judgement , that he was 〈◊〉 age . p. . upon an inquest of office by escheators , p . livery to be sued by inspection , p. . an act concerning suing out livery , p. . to be sued for d●chy lands in the chancery of lancaster , p . a patent to sue livery by attorney reversed as illegal , p. . when two offices are repugnant , p. , , . upon an office traversed , p. , . of the earl of arundel● p. . stayed for want of a so●re fa● . ●gainst the tenant p. . granted upon petition in parliament p. , . in ●he dutchy of cornwal , for dutchy land though they hold lands of the king in chief p. . a special livery granted , p. . william lynwood , doctor of law , declareth the causes of parliament in the chancellors absence , p. , . loans , of wools to the king to supply his occasions , p. . wools and other merchandize to pass freely without any loan but the due custom , p. , . merchants to be payed their loans on every sack of wool , p. , . petitions of the commons of several counties for payment of moneys lent ; which is promised as soon as may be , p. , , , . all loans due to be allowed accountants on their accounts , p . the lords and council levied and lend a great sum to set forth an army and navy upon urgent necessity , which the parliament is called to reimburse by aides granted● p. . loans required by letters of privy-seal , and reasonably excused ; the excuse for not lending to be received without further molestation , p. . repayment of divers loans upon p●ivy-seals required , the day being long past , prayed , and promised , p. . a parliament called to borrow l. of the subjects ; for the payment whereof , the king would give good security : the merchants excuse the loan of the money , but the commons promise security for repayment to the lords and esquires , who should freely lend it , p. , . the non-payment of loans borrowed , an article against r. . when deposed p. . the payment of loans to r. . prayed from h. . p. . moneys borrowed for saving the honor of the kings son and realm , prayed to be paid , p. . money lent upon the kings jewels , p. . loans certain sums of money by particular towns by order of parliament , and security for repayment , p. , . moneys advanced to the king by way of loans for publick defence in cases of exigent before they could be levied by subsidy , secured and ordered to be paid by the king lords and parliament , out of aides or customes granted or to be granted , p. , , , , , , , , , , . lollards and lollardy acts , petitions and proceedings concerning them , p. , , , , , , , , , . london the major and sheriffs of it to help to execute traytors , p. . the sheriff attached for contempt of a supersedeas ( in case of a chancery clerk there sued against his priviledges ) by order of parliament , p. . mices of silver allowed to be carried before the major , p. . an act touching errors and misprisions there , p. . weights and measures to be there made , ib. ingrossing of wines in it to be inquired of , p. . an act touching victuals in london , and petition that no foraigner should retail any wine merchandize or victuals , or be a broker in it , p. , , , . to enjoy all its liberties , p. , . an ordinance against retailing in it repealed , and that every freeman may do it , so as the major set the prize● p. . to be well governed , p. , , . an ordinance made there against usury , p. , . their petitions and answer● p. , , , . the nusances , kiddles , wears , in the river of thames , to be redressed by the mayor and aldermen , p. , , , , , . see thames . then liberty to punish all misdemeanors in southwark prayed to be confi●med but denied , p. , , , that they may place and displace a coroner amongst themselves , denied them , p. , . their liberties confirmed notwithstanding any statute● or not used or abused● p. , , , , . to attend on no command of any the king's officers , but onely at the king's suit under the great or privy-seal ; except the justices . to enquire of customes , impositions , purprestures , and have the custody of the lands and goods of o●phants . no protection royal to be allowed in their suits , &c. p. . the defence of the north-seas referred to the major of london and others , p. . not to exact any tenths , fifteens , or taxes of any clergymen , lawyers , justices or sergeants lying in it upon their occasions , and not continually residing there , p. . bills devised and enacted at the request of the major , aldermen and citizens against forestalling of fish ; the abuses of victuallers , usury , brokers , and the fishmongers of london : passages in parliament touching them , p. , . the victuallers of it , to have no particular liberties by themselves but to be under the majors rule , p. , , . the major and aldermen to take no other oath in the exchequer then they did in e. . his reign , and the fishmongers to be under their government , p. . the aldermen thereof yeerly chosen at the feast of st. gregory ; and that of the ablest men● as well of such as were aldermen before as others , p. . not to be yeerly chosen , but remain till put out for reasonable cause , p. . their petition against the lieutenant of the tower his taking customes of wines , oysters , victuals , &c. coming by water to london , p. . a pardon to them of all treasons and felonies , except to some private persons , p. . iohn not , major , his order against usury prayed to be executed throughout the realm , p. . butchers of london , where to have slaughter-houses , where to cast their ordure , &c. p. . the major sheriffs and aldermen , not to bear the penalty of the statute for erronious judgements there , p. . farrindon-ward within and without london , may elect each of them an alderman to rule there , p. . complaints against their officers exactions of those who bring cattel to smithfield , which the major and sheriffs are ordered to answer , p. , , . the sheriffs may hold assizes in the guild hall in the coroners absence after proclamation , p. . acts concerning errors , inquests , packing of cloath , and retailers of victuals in london , p. . a complaint against the liberties of st. martins le-grand in london , as a receptacle of thieves and other lewd persons , and request for their revocation , p. . gold-smiths of london to survey the cutlers working in gold and silver , their petition referred to the major , his certificate thereon , and their charter of . e . confirmed : p. . annuity granted out of the customes of it : p. . merchants aliens debts , trespasses , accounts moved to be tried by the kings council , major or aldermen of london by merchants law : p. . southwarks prayer to be exempted from the jurisdiction of london , notwithstanding any patents : p. weavers of london their charter by h. . confirmed , and all strangers weavers to be under their government : p. . citizens of london exempted from prizes of wines , and colour other me●s wines to defraud the king ; complained of , and none but resien● citizens to enjoy this exemption : p. . m●jor and aldermen to have the punishment of misd●meanors presented by the wardens of the companies in it : p . one of the aldermen thereof to be judge between the merchants of the hauns there : p. . the major to distrain for rents granted to corpus chr●st● chappel in st. laurence foultney , if behind : p. , . merchants of ●ean , not to pay es●ua●e or seawage to the city of london for their m●rchandize brought by land from southampton thither : p. . parsons of the parish churches there may place and displace schoolm●sters by advice of the ordinanary or arch-bishop : p. . dean of st. martins le grand , provisions for him : p. . the major and citizens to apprehend the e●es hau●ting london , and commit them to newgate by patent , which is repealed p. . the sheriffs complaint of resc●us made by a captain of a priso●er in his custody , and order therein by parli●ment : p. . the rent of ● l. payed to the major of london by the merchants of still-yard , & lands thereto granted by the king : p. . the earl of lancaster commanded to seek no revenge of the citizens of london upon the majors complaint of menaces by some of his followers : p. . dean and chapter of pauls paid l. yearly to the king , for the temporalties of the bishop of london in their custody , which afterwards is granted to others : p. . lords ; lords house in parliament , and peers the par●iament beginning and sitting , fr●quently adjourned because divers of them absent and not came : see parliament . the commons pe●i●ion , that such lords as were absent might be sent for to the parliament : p. . they are called by name , and such of them as were absent fined : p , , , . the causes of parliament declared in their presence . see causes of parliament . they sit , and the commons stand before them : p. . they are judges in civil and criminal causes in parliament , as well of commoners a● peers● and give judgement of death , banishment , imprisonment , fine and ransome in c●ses of treason , misdemeanors , contempts , scandals ; misinformations , sometimes by the kings command and assent , sometimes by themselves alone , and likewise in writs of error brought before them without the commons● p. , . , , , , , , , , , ● , , , , , , , , , , ● , , , . , ● , , , , , ● , , , , ● . , , ● , , . the king an● lords judges in parli●ment , by the commons own con●ession , and to estab●●sh●d by the king for the future : p. . ( the roll at large being most ●ull : n. . which here is ) the n●mes of the temporal lords summoned to parliament . see t●ble . a special comm●ttee of the lords de●ired by the commons to treat and ad●ise with : see commons . the commons confer with them : p. , , , , . committees o● lord in parliament to advise , examine , debate , dr●w up severall matters , and their proceedings in them : p. ● , , , , , , , , , , . a committee of them sent to the king when sick , to demand answer to petitions , his general pardon and royal assent , p. . to know who should be chancellor and archbishop of canterbury , and their report to the rest concerning their usage : p. , . to advise the king touching the wars , which the commons promise to assent to and confirm● p. . they grant an aide for themselves to the king , without the commons : p. , , , . they consult and sit alone by themselves without the commons , p. , , , . see commons . confirms an imposition upon cloth against the commons petition to take it off● & that without their assent● p. . they assent that the king should create the lord cowey an earl , p. . they are to elect the king 's great officers during his minority , p. , . privy-counsellors chosen by their advice , p. . great officers to be chosen by their assent in parliament , p. . aides granted to be imployed on the wars with the lords assent , p. , . receivers of the subsidies to account in open court before them , p. . the king promiseth to do what the bishops and lords shall advise him , p. . restitution to lands and blood in parliament of one attainted by it , by the king with the lords assent● p. . the king , by the lords assent , confirmeth the gold-smiths patent , p. . an imposition on merchandize by the king , lords and prelates by the merchants consents for safe-conduct of their goods without the commons , p. , , . judges of what is treason , what not : p. , . the king , bishops and lords establish orders for the privie council : p. . make acts , p. . they are the sole judges of peers , to be tried in parliament and out of it by their peers , and the course of parliament : p. , , , , , , ● ● , . appointed to examine the kings expences and revenues : p. . to prevent and redress mischiefs : p. . to advise of the reformation of abuses and grievances , and some specially chosen for that end : p. . they have a negative voice , and will not alter the law upon the commons petitions● p. , , , their advice concerning peace with scotland : p. . the commons petitions committed to certain lords to be ame●ded , by the kings assent , p. . to heat and determin complaints concerning nusances i● severn : p. . the lords think a petition of the commons reasonable , and command it to be executed : p. . the lords will take order that franchises shall be granted with good advice● p. . the king and lords will provide remedy against the popes dispensations● p. . the lords will not intermeddle in appointing any about the king's person ; and touching his houshold , will do that which is for the king's honor : p. . their demands in parliament , and the king's answer● p. , . will not lose their ow● liberties : p. . are not to contribute to knights wages : ibid. . see that title . reconciliation of dissenting lords made in parliament by the king and other lords , sometimes at the commons request : p. , , , , to , , , , . bills read and answered by certain of the lords in star-chamber● p. . writs to stop assizes to be granted onely by the lords assent : p. . not to maintain thieves and peace-breakers , &c. and sworn to that end : p. , . they appoint a protector of the realm during the king's pleasure : p. . their protestations in parliament , to be judges onely of their peers : p. . to be judges of articles of impeachment against peers in parliament , &c. their claim of this their liberty : p. , , . against the peace made with france : p. . against the extrajudicial judgement of banishment given by the king upon the duke of suffolk's impeachment : . the king to dispence with the statute of provisions by the lords advice : p. . they order a subsidy granted conditionally , to be absolutely payed● p. . a lord slandered by the commons , requires and receives reparation from them● p. . lords slandered in parliament purged from reports raised of them : p. , , , . commoners imprisoned , fined for slanderous and false complaints against lords : p. , , , . submission of one peer to another by order of the lords for an accusation and words then uttered against him : p. . controversies between lords for precedency , resolved in parliament : p. , to , . suspended from siting in the house , during the debate of their precedencies there : p. , , . their oath to the king not to alter any act , judgement or ordinance in parliament : r. . p. , , . their oath of allegiance to the king in parliament : p. , . all of them sworn to a solemn decree made between themselves , without affection to hear and determine the controversies pending between the duke of glocester and bishop of winchester so as neither of them should be encouraged to break the peace : which they sent to the commons : p. . the like oath taken by them in the controversie for precedency between the earls marshal and warwick : p. , . sworn to observe all ordinances touching the king's grants , &c. p. . to help that ordinances may be executed on all estates : p. . their censure of the duke of lancaster's voyage , and propositions to conquer spain : p. . at the request of the commons , they grant a suspension of all eyers , trailbastons , oyers and terminers : p. . kept from the king , and complaint thereof : p. , , . they limit the protectors power : p. . their thanks to the king for his good government , care , and zeal towards them : p. . for his great justice done : p. . they accord to the removing of certain persons from about the king , because hated by the people : p. , . lords appellants in parliament● their protestation , oath , and proceedings● p. , , , , to . lords to be justices of peace in their counties : p. . consent to the commission of array by the judges advice : p. . they dine with the king : p. , . a trial before them for treason by a jury : p. . a great council of them called , and the king 's great council● p. . see council . the great officers to be lords . see officers . they judge of the priviledges of the commons , and their speaker : p. . see commons . their award in parliament , between king h. . and the duke of york touching the succession of the crown upon the dukes claim thereof ; and their submission , assent , oath thereto● p. , , . freely to u●ter their conceits touching the title of the crown● p. . the commons to bring their conceits in parliament to them ; not they theirs to the commons : p. . they oppose the commons innovations and incroachments on their priviledges in parliament , p. , . s● commons . the king's consent for a committee of lords to treat with the commons , a matt●r of favour , not duty , and he not they to name or change them : p. , . the consultation about wars , properly appertains to the king and lords , not commons : p. , . the lords and commons are to chuse their respective committees , and a committee of lords not to treat with the whole house , but a commit●●● only of commons : p. . they confirm the inden●ure between the king and duke of glocester touching calice , &c. p. . they cease and null the name and power of the protector : p. . lords marches to restore englishmens possessions given to the en●mies : p. . losses by enemies complained of , considered , and abate tenths : p. , , , , , , , . loyalty of the subjects to ed. . both in body and goods , a great blessing ; for which he gives god thanks : p. . the commons protestation of it to the king● p. . of some nobles in deserting rebels , attested and declared by the king : p. . lyme : their great destruction by the enemy , alleadged for the abatement of their feefarm and tenths ; which is granted : p. . . richard lyons his impeachment and censure upon the commons petition : p. . who petition for his pardon and restitution , as being unjustly censured , the next parliament : p. . m maces before mayors in towns not to be of silver , but onely the kings sergeants and in london , p. . not to be carried out of the liberty in towns , p. . magna charta , confirmed in parliament upon the lords request and commons petitions by several new acts , and commanded to be observed , p. , , , , , , , , , , , , , , , , , , , , , , , , , , , . see confirmation churches , liberties , corporations , liberties . all great officers and others sworn to observe it : p. . offenders against it to be punished in parliament and elsewhere : p. , , , . all to be tried before the kings justices for felony and treason according to the great charter , not before the constable or marshal : p. , . no person to be arrested or imprisoned contrary to the form of it : p. . trial , condemnation of a peer , & others without his peers , against the form of the great charter though in and by parliament , to be reversed as unjust and erroneous : p. , , , , , , , . read openly in the beginning of a parliament by the arch-bishops and chancellours command : p. . beheading men against it , and without lawful trial , murder : p. . mainperners , put in by persons impeached in parliament , and discharged on their acquittal : p . . an act touching them in debt , p. . when to be discharged against the king : p. . mainprise , such as let to it for breach of peace to put in good sureties , as esquires or gentlemen : p. . to be duly made to all persons : p. . of persons imprisoned by officers of the forest for vert and venison : p. . body for body for any accused & acquitted of treason to appear when called between that and the next parliament : p. . di●charged : p. . of the earl of suffolk after his impeachment and answer in parliament : p. . upon error brought in parliament , to reverse a judgement in an appeal of murder : p. . a knight of parliament killing his companion , ordered not to be let to mainprise till brought to trial , p. . of a prisoner in execution in the fleet upon an outlawry by the guardian of england : p. . see bayle , sureties of body for body for one banished into the isle of man , to be kept there : p. . maintenance and maintainers , inquirable by the justices of the bench , assize , oyer and terminer , peace : p. . no great persons or officers to maintain any traitors , felons , trespassers , maintainers , breakers of peace , &c. p. . . . the lords and commons all sworn to it in parliament : p. , . of no plea or quarrel in courts : p. , , , . inquests in maintenance to be returned by the sheriffe himself of the most lawful and nighest men : p. . an act touching maintainers : p. , . no woman to maintain any plea in the kings courts ; and namely alice piers under loss of all and banishment : p . her censure and banishment thereupon : p. , , , . an act concerning it : p. , . complaints against maintainers in every court : p. . the commons willed to abandon all maintainers & parties : p. . an earl accused in parliament for maintenance , and acquitted : p . enquiry after maintainers prayed : p. . articles proclaimed against maintainers : p. . the statute against maintenance prayed to be executed : p. . ma●ors of towns , none to be a victualer , hostler or taverner during his office : p. . to see things amended in every mysterie and occupa●●on : p. ● . to arrest breakers of the peace within their precincts , not out of them though adjoining : p. . a complaint against the undue election of the mayor of york , and vitious acting : the mayor duly elected and sworn , is restored ; commanded by writ to execute the office , and the other to forbear : p. . mayor and common●lty of cambridge accused of an insurrection , and not in parliament in contempt , and censured : p. , . see cambridge● london , york . major of the staple and of calice . see staple , calice . major part : nothing to be enacted by the council in great causes , but by all 〈◊〉 most of them : p. . malice the ground of mortimer's judgement , afterwards reversed : p. . malt its transportation prohibited : p . an act concerning it : p. . mal●olt on wools to be revoked : p. . man isle , earl of warwick banished to it , and findes bail body for body to continue there : p. . manslaughter : indictments of it in sheriff● turns , prayed to continue good : p . manumissions of villains by duress in the ●●surrection , revoked , nulled : p. , , . marches of scotland , and north marches , orders for their defence against the scots ; for owners of castles in those parts to furnish , fortifie , and reside upon them , arrays for that purpose , aides in parliament for their defence , and other things concerning them : p. , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , . marches of wales● those dwelling on them , pray not to be distrained or impeached in wales ; but where they are debters , suiters or trespassers : to which the king and lords marches promise to provide remedy : p. . see wales . marriage : the marriage-treaty of the king , and marriage advise● of , and assented to in parliament : p. , , , . marriage-contract , its annihilation pursued in court-christian : p. . by duress complained , and nulled● p. , . of an infant of s●x yeers ra●ified by parliament : p. . widows endowed not to marry without the king's assent : p. . the king's widows oath not to marry without license . see oaths : p. . none to marry with the kindred of owen glendor : p. , . fine by a ward for marrying without license . see fine . a mariage at thir●een yeers confirmed , and if no mutu●l society , and hu●band die , his brother to marry ●er after his decease : p. , . justices punish the clergy for taking money for solemnizing marriage : p. . they are not to have conusance of it : p. . the promise of k. h. . by word of mouth to a ward of his own marri●ge for the sum of l. made , co●firmed by parliament under h . p. . k●ngs marriage without the lo●ds c●nsent complained against , p. . by w●tchcraft , sorcery , and after a precontract , void : p , . marriners and masters driven to other trades by restraining shipping , and taking them up by masters of the kings ships● to the decay of the navy ; complained against for redress : p. . to be paid their wages from the day of their being appointed to serve the king , and pray allowance for the tackling of their ships : , . marriners to have the like wages as archers when taken up for the king ; but the former use confirmed : p . a complaint of taking up marriners , whereby ships are lost and burnt by the enemies , and remedy promised : p. . an act touching marriners to be re●ressed by the admiral : p . the punishment of marriners by comm●ssions upon suggestions of strangers , complained of ; and they not to answer but at common law , prayed : p. . see ships , navy , admiral . marquess created in parliament the manner of it : p. , . degraded : p. . a strange new title , therefore restitution of a degraded marquess to that title refused : p . marshals of courts , their fees to be regulated . see chancellor , iustices . marshal of england . see the first table . the earl marshal to see traytors executed : p. . to make no process but what was used in ed. . reign , and limited by the statute : p. , . lord latimer upon his impeachment and censure , committed to the constable and bayled : p. . complaints of his holding plea against the statute of actio super chartas , and things triable at common law : his jurisdiction and court limited to the verge , which is twelve miles , p. , , , , , , , , , , , . acts made concerning its limitation and jurisdiction● p. , , , , , , . prohibition is to be granted where they meddle of things at common law. p. . sir ralph ferrars impeached of treason brought into parliament by the marshal of england : p. . not to meddle within the guild-hall of southwark , o● liberties granted to others by charters ; prayed : p. , , . not to hold plea of treason or felony done within the realm , but only without it : p. , , . those who were to do service ● . the coronation , to appear before the marshal and others , p. . marshal not to bayl or release any committed to him for th● peace , p. . a prisoner remitted from the marshal to a trial before the judges at the commons request , p. . a charge of treason in the marshals court again●● the marquess of ormund by the lieutenant of ireland , abolished by the king ●ith the parliaments assent , p , . t●e clergies complaint of ar●ests into the marshalsey : p. . that every ma● there may tell his own tale , and the officer there not pass the verge : p. . that none of the king's servants implead a●● there , denied , p. . sir iohn lee impeached for attaching men to answer in the marshalsey , when steward , of things done out of the verge : p. , . g●ea● complaints against the marshalseys throughout the realm , p. . prescription to be allowed before the marshal , as well as in other courts : p. . the earl marshals office granted i● tayl p. , . his conrest for precedency with the earl of warwick : p. , . marshalsey : a prisoner in it in execution for damage● , p. . martial law : king r. . impeached for suffering subjects to be condemned by martial-law contrary to his oath , p. . the duke of norfolk tried for words against the king in the marshals court by marshal-law , by order of parliament : p. , . marshal-laws condemned , p. . commission to punish rebels in time of war , by marshal-law , p. . those who executed rebels by it in the insurrection , have a pardon for it , being against the law of the land , p. . beheading men by it against law , murder , p. . m●rt . letters of it . see reprisals . st. martins le grand , its liberties complained of p. . masons : an act concerning them , p. . sir iohn matrevers : his judgement in parliament without indictment or calling to answer , p. . petitioned against , and reversed , as erroneous and unjust : his proffer for his purgation , pardon , restitution , p. , , . mayhem , that the defendant in an ●ppeal thereof may make an attorney , prayed , p. . meadows river-nusances in it , complained of , p. . measures acts and petitions concerning ●hem , and their view , corrections in ●owns , franchises , and elsewhere by the clark of the market , and other officers : what the measure of corn shall be p , , , , , , , , , , , , , . m●lcombe , a staple there , p. , . in respect of their great spoils , pray a re●ease of their feefarms , tenths and fi●teens , ● . , , . it s port removed to po●l● . . melancholy , to be abandoned by the commons p. . merchants masters of ships and mar●ners sent for to attend the parliament ; ●usted with and ordered to guard the seas , ●hich they undertake , p. , , ● , , , , . they elect then admirals . ●ee admiral . called by writ to parliament , ●reated and advised with concerning the staple , safe-convoys , defence of the sea , sale of ●ools , advance of coyn , exchange , loan of money , buying of wools , and trade● p. , , , , , , , , , , . ●●rant an increase of customs , confirmed by the king & lords without the commons ●ssent for safe conduct which is levied ; ( the ground of tonnage and poundage ) and complained against by the commons , as not binding to them , p. , . complaints of rich merchants oppressing the poor , and of their frauds , injuries , and farming of customs , p. , , , , , . merchants robbed by default of such who undertook their conduct , to recover damages against them p. . none to be impeached of overplus of weight after the sworn officers have weighed their goods● p. . english-merchants restrained freely to pass over wools , p. , . to buy t●n , p. . to fetch wines from gascoynes p. . their restraint and stay of ships for the kings service long before they serve , the cause of the navies , marriners decay , p. , . their wools in holland stayed for the kings debts p. . exchanges to be between them notwithstanding the statute . p. , , . to fraight english ships , p. , , . an act touching arrests of english merchants in wales , p. . may transport kersies paying the custom , p. . merchants not to pack up their merchandize in their own houses without survey of the customers in deceit of the king , p. . their complaints against the impositions and exactions at ba●en , p. . having their goods customed and cocke●ed , not to be slindered or impeached , p. . an act touching dayes of payment to be given by english merchants , p. . merchants who hav● lost their goods customed , upon proof made , to ship as much freely without custom p. . merchandize . see staple . the ready vent of english marchandize one cause of calling the parliament , p. . an act touching merchandize forraign , bought and sold , p. . a petition that every merchant may freely transport all manner of hides , skins , and tallow to any place , denied , p. . merchant strangers goods arrested by the english for wares and goods seised by the duke of brabant and others● by way of reprisal . see reprisal . freely to buy any staple wares , paying the due cu●stomes , p. . to be taxed where they dwelt as other merchants , p. , . acts touching them and the sale of their merchandize , p. , , , , , , , , , . if one of the company turn bankrupt and depart , the o●ther to satisfi● 〈◊〉 debt p. . freely to tell their merchandize to any person , to make exchange of them● buy wares paying the custom , p. , , , , , ● , , . customers to dispatch all merchant strangers , p. . the chancellor , treasurer or some other of the council to be their governor , p. . may buy and transport wools and clothes to the value of their merchandize imported , but not victuals , p. , . gold to be paid them for their wares , not silver , p. , , . to finde sureties to treat the english-merchants , as they are treated here : p. , , . acts touching their entertainment , p. , . none to sell by re-tail p. , , , . to be no brokers or usurers . see brokers , lumbards . to bring in bullion , p. . see bullion . to finde sureties to bring and car●y away commodities of the realm to half the value of their merchandize imported , p. , , . of jean , not to pay any sea-wage to london for the merchandize brought by land from southampton : p. , . the merchants of hauns liberties saved to them p. , , . an alde●man of london to end all their suites , p. . differences between the english-me●c●ants and them referred to arbitrators , p . such as have their goods taken by them , may have their remedy against them in london , p. . the hostility between the english and them , reconciled● with recovery of damages against each other , p. . their liberties granted by e. . confi●med , p. . such as exchange to rome , to be bound within three months to b●y english commodities to the value of the exchange● p. . italian merchants to chuse their hosts where they ●●ke , to sell their merchand●ze freely , but not export them when impo●●ed ; what customes they shall pay , p. , . to be treated according to reason by customers and other officers : to imploy their money upon e●gl●sh as well as staple wares and to be t●ied by merchants law , ibid. merchants ali●ns , not bound to serve the king in his wars , or swear as other strangers , p. . to lodge in some notable english house , to buy no other merchandize then their host may see , to sell off their merchandize within forty dayes , and to be no brokers ; moved● p. . a petition that certain men be appointed in every town to see merchants aliens sell their goods without collusion within three months after landing , and to exchange no moneys , p. . a motion , that the easterlings may no longer enjoy their liberties here , since the english cannot enjoy theirs in island● p. . allom taken up of the merchants of jean for the kings present necessi●ies , who are to ship any staple wares to the value : the merchants of the scuth to have the allom , paying l. p. . a petition that no merchants beyond the streight of morocco , bring into the realm any other merchandize then such as are growing in their own country for sundry reasons , rej●cted p. ● . m●lls built on rivers to the obstructing the ●ree p●ssage of ships , boats and vessels to be demolished as nusances● p , , , , ● , , , . an assize of novel disseisin for a mill , and attorney in it p. . mint plate to be received in it by weight , p. . merchants to bring in gold and bullion to it . p. . gold seised in it to the kings use restored , p. . an act touching the mint at calice p. . mint-masters fees for coynage , p. . his commission , p. . no m●nt-master in the tower to be a master of exchange without it , prayed , but denied , and the practice contrary , p. , , . money : motions and acts against its exportation p. , , , , , , , , , , , ● , , , , , , . necessaries for forraign soldiers bought within the realm for that end● p. . the want of it , how to be remedied p. , . it s goodness to be enhanced , p. . c●ipping and washing of it , complaints and acts against it , p. , . money raised , p. . acts and complaints against fal●e and forraign money , p. , , , , , , , , , . shifts how to raise moneys in publick necessities , p. , , , . an act concerning money , p. . silver to be coyned according to the old allay , and current● p. . to remain within the realm , p. . good money to be as here●ofore , farthings to be current , and the price of florins abated , p. . an act against embasing money , p. . acts concerning scotish silver , p. , . and strange coyns , p. . the king and his council have power to make ordinances touching money , p. . acts touching the ●llay and weight of money and coynage at calice● and elsewhere , p. . expending and conveying● out the king's treasure to and french , and article against the duke of suffolk● p. , . see exchange , bullion gold , silver . monopolies , the restraint of free buying and selling commodities complained agai●st p. , . of t●nne , p. . of wools , p. , . of sweet wines in london , a censure upon a complaint for it in parliament , p. , . of herring , that none may buy it within seven miles of yarmouth in fishing time● repealed , p. , , . of allom for two yeers to supply the king 's present wants , p. . morgage redeemed and not restored , complained of in parliament , and referred to law , p. . the wardship of an heir granted to him who redeemed the lands being morgaged till the money raised , p. . morda●cester : conusance of pleas to be granted in it . p. . roger mortimer earl of march condemned and executed in parliament without arraignment or trial , p. , . his attainder is therefore reversed , p. , . mortmain , acts concerning it , p. , . frauds to elude it , by religious persons taking the profits , p. . by feofments in trust to others without receiving the profits , p. . by first infeofing the king to re●infeof them in mortmain to extinguish their rights of whom they are held p. . by causing their villains to marry inheritrices that are free , p. . against all which there are remedies prayed . to the use of rochester-bridge , p. . to winchester : p. . to southampton : p. . to st. annes chantry : p. . to others , p. . lands purchased in mortmain● exempted from the commons tax , p. . mortuarie , armour taken for it , complained against , p. . mountgrace prior and covent , lands setled on it , p. . murage , aides of some customs prayed by winchester towards it : p . religious persons to contribute towards it : p. . impositions granted towards it , to cease : p. . murder● proclamation and order in parliament for apprehending murderers , wi●h a reward for their taking : p. . indemnified and pardoned in apprehending malefactors● by , the kings command : p. . and in times of insurrection : p. . indictment for it before the coroner , and forfeiture for flying : p . oyer and terminer granted upon murders : p. . of one knight of the shire , killing the other , no bayl before trial : p. . of the duke of gloucester at calice , adjudged treason , and execution accordingly : p. . of an husband ripping up the wives wombe to see whether she were with child ; prayed to have judgement of hanging , drawing and quartering : p. ● . a motion that a shameful murderer becoming an approver and pardoned , might be hanged notwithstanding : p● . staying process upon appeals of murder● an impeachment against the duke of suffolk : p. . complaints of barbarous , murders of husbands by wives in parliament , and appeals granted to them and their sons if they die , with process thereon : p. , , . articles proclaimed against murders : p. . beheading men against law , murder : p. . by poysoning : an indictment and judgement thereupon repealed in parliament : p. . pardon of it for a fine : p. , . n naturalization by parliament : p. . king of navar , his promise and perfidiou●ness to ● e. p. . navigation , obstructions of it in great rivers to be removed : p. . see nusances . navy● the causes of its decay : p. , , . raised , maintained and kept together for the defence of the sea , and merchants sa●e conducts , aids , contribution for that end : p. , , , , , , , , , , , , , . necessity , assizes not to be delayed but in case of necessity : p . impositions excused , as made upon great necessity : p. , , . eyres and other inquiries to cease for the subjects case , if great and urgent necessity do not otherwise cause : p. , . merchants to carry overmonies only for their great necessities : p. . taking of ships not to be but for necessity : p. . friends to be assayed in times of necessity : p. . due and speedy aides desired in the parliament , as knowing the necessity : p. . and to serve the kings necessity , p. . yielding a fort to the enemy pleaded to be upon necessity without money taken : yet censured in parliament : p. . no subpoena's to be granted out of the chancery or exchequer without necessity : p. . in necessity every member seeks to comfort and defend the head ; so the subjects the king● p. . present necessity , requires speedy dispatch , and ready assistance from the parliament : p. . archers granted in parliament to aid the king , respited by him , unless drawn by great necessity to take them : p. . upon ●rgent causes the king may re-assemble the parliament within the time of its proroguation : p. . . see p. . st. neots , the prior and covent , aliens , made denizens : p . nets destroying fry of fish , &c. prohibited : p. . lord nevill , his impeachment and censure in parliament : p. . his extortions complained of , in not paying his soldiers southampton their wages : p. . new-castle upon tyne , their complaint against the prior of tinmouth , upon a false recovery and view : p. . licence granted the merchants of it , to transport wool other where then to calice : p. . an act concerning it : p. . a petition of the northern counties , that new-castle may always buy and transport their wools ; p. . an act for shipping wools there : p. . newgate prison and prisoners , matters concerning them : p. , , , , . newport-panel prior , p. . news , the statute of it : . r. c. not in the record , p● . nisi prius , prayed , upon appeals in remote northern counties : p. , . where the king is party : p. . upon any trespass or felony upon issue joined against the king : p. . to be sued within one year after issue joyned : p. . after the habeas corpus returned , or else discontinued● and to be granted in the kings suits without suing a privy seal : p. ● . of issues between the king and other persons of the ex●chequer : p. . granted by justices of the kings be●ch , without writs from the chancery or privy seal● p. . an act touching discharge of juries in it : p. . that the justices may have power to give judgement forthwith after verdict found , without s●aying till the day of the nisi priu● return : p. . to be granted in a traverse of any office , returnable in any of the benches or county . see office , inquest . nonability of persons professed to inherit , notwithstanding the popes dispensation : p. . of councellours and officers once censured and removed for delinquency , not to be restored : p. , , . nobles , see lords . noncavits of fines levied , surrendred to be no bar : p. a motion rej●cted , that none be barred by non-claim : p. . non-obstante , grants , restitutions , &c , with a non-obstante to other acts , &c. p. , , , , , , , , , , , , , ● , ● . non-residence occasioned by provision● to aliens , and the mischiefs of it , complained against : p. , , non-resident aliens worse then turks or jews : p. . a provision against them made in ireland desired in england : p. . a praemuni●e prayed against such as procure any dispensations for non-residents from rome , except arch-bishops and bishops chaplains : p. . that the king may enjoy half the profits of non-residents livings : p. , , . remedy provided against it by ordinances and the convocation : p. , . non-residents to forfeit half of their benefices to the king , the other to the patron : p. . that patrons may present anew for non-residency : p. . non-suit of the plaintiff , an act touching it : p. . upon wager of law : p. , . to be a bar , ibid. non-tenure of part : p. . normandy , the crowns inheritance , lost : p. . northampton major to compel the tenants to pave the streets before their doors● p , . iohn of northampton , major of london excepted from pardon , condemned of treasons and felonies , yet after pardoned and restored : p. , , ● . norwich , its major to have survey of worsteds in it and norfolk : p . bishop of it , general of the army ●ent to flanders , impeached , censured ●or his miscarriages in the service , but not imprisoned , though fined : p. , , , , , , to . northumberland's and other northern counties petitions , &c. p. , , , . earl of northumberland●●quited ●●quited of treason for his insurrection , by the lords : his homage thereupon to the king : p. , . see table . nottingham , the goal there , annexed to the sheriff wick upon their petition . p. . it s castle wont to be kept by an earl , then by an alien , whose removal is prayed : p. , . complaints against the constable of it for exacting for every load of coal for private use : p. . novelties , to be suppressed : . not to be taken for an example : p. . prohibited and opposed by the king and lords in parliament : p. , , , nusances and obstructions in rivers navigable , by mills , wears● stanks , kiddles , and the like , complained of acts made , commissions appointed to inquire of , and redress them , p. , , , , , , , , , , , , , , , , , , , , , , , , . in london removed , p , . o oath and swearing : of the king at his coronation remedied ; to be kept : violated by his acts of oppression and injustice against law , p. , , , , , . no pardon to be granted any felon &c. but where the king may save his oath : p. . oaths : of the justices , judges , ba●ons , all great officers , privy councellors , and others , to observe , maintaine the great charter and the laws , faithfully to coun●el the king to do justice , &c. p. , , , , , , , , , , , , , , , , , , , , , . of the lords and commons in parllament , of faith , homage , and due allegiance to the kin● and his heirs : p. , , , , , , , , . also , to see the peace , kept , not to alter , repeal any act , o●dinance , or judgement of parliament : to live and die with the lords appellants in the cause , &c. saving their alle●iance to the king , and due obedience to his prerogative and laws : p. , , , , , . taken upon the arcbishop's crosser , and st. edward's shrine , holding up their right hand : p. , , , , , , , . the great charter to be newly proclaimed and confirmed by oath : p. . the chancellor , treasurer , and some of the justices refuse an oath , as repugnant to their former oath , and laws of the realm : p. . oath of praisers of goods attached before sold in execution by bayliffs of hundreds , p. . sir matraver's offer to acquit himself of what he was condemned , without hearing in parliament by oath : with four hundred knights his compurgators , p. . judge thorpe condemned to death for breaking his oath by taking bribes : p. , . merchants to be credited touching prizes of their wares upon their oaths : p. . king of navarres oath most willingly to enter into league with k e . yet he breaks it : p. . king iohns subjecting his crown , realm to the pope , contrary to his coronation-oath : p. . lords and commons sworn to the king's crown , cannot assent to 〈◊〉 dis-inheritance , p. . sheriffs and under sheriffs sworn to view the pannel in every weighty cause ere returned , p . cyrographer and his clerks to be sworn to take but s for ingrossing a fyne p. . treasurers of war sworn before the king in open parliament , p. . divers lords and others examined in parliament upon oath to prove a deed & livery p. . judges , lawyers , doctors of divine , civil and canon law examined and sworn before the king to deliver their opinions touching the priviledges of sanctuaries in debt , &c. p. . suggestions of writs sworn to be true by the parties and others of good name , p. . collectors of tenths to account upon oath , p. . the major of londons oath by act , p. . the chancellor impeached for breaking his oath in defrauding the king , &c. p. , . archbishop not to be sworn to any inferior to the pope , yet taketh oath of a privy councellour voluntarily , saving his prerogative , p. . the oath of the mayors of the staple by act , p. . the bishops and commons would have favour shewed to the banished justices , so as they incur not the breach of their oaths and conscience , p. . the oath of the earl of glocester● in parliament , never to implead the king or other lords in possession , for the lands of his ancestors , upon his restitution , p. . an oath inrolled in chancery for all bishops successors lords heirs , to take , confirmed by the pope to binde them , the kings successors , kingdom in perpetuity , p. , , , , . a resignation of all subjects oaths and allegiance to r. . p. , . atturneys oath before an exigent issue , that the contract or trespass was in the same county , p. . scots indenized to be sworn to the king , p. . sheriffs to be discharged on their oaths in the exchequer , p. , . the kings chief officers to be sworn , to shun all bribery , p. . the customers sworn to be resident on their office , p. . earl of northumberland purgeth suspected lords upon his oath● p. . an oath in parliament before king and lords to abide an arbitrement , p. . privy councellors and the archbishop charged by the king on their allegiance to take the oath then presented● them by parliament , which they did , p. . the lords oath for disposing the subsidy granted● p. . all aliens coming into the realm , except merchants , to protest to live and die in the kings quarell p. . the prince not sworn when all the rest of the council and justices were , for his worthiness , p. . atturnies of both benches to be sworn every term to deal faithfully and truly , and cashiered if they do not p. . every juror to be sworn to say , whether he or any other for him received any thing , p. . clerk of the council sworn duly to enter the names of the council that si● , and their acts , p. . and to pass , promote the poorest man's bill and answer : and the king's sergeants for counsel therein to take no money , p. . all officers of the king 's , having patents in courts to be sworn to appoint able clerks and ministers under them p. . the lords and commons oath in parliament , impartially to judge the case of precedency between the earls marshal and warwick , without affection , p. , . warders of the marches of england and scotland to be discharged upon their oathes touching hostages , p. . livery of dower to the dutchess of norwich upon her oath not to marry , p. . the lords sworn without affection to hear and end the dissention between the duke of glocester and bishop of winchester in parliament p. . all the lords and commons sworn in parliament , and others by commission , not to retain any offendor of the law , or maintain any title or quarrel , p. . . an administrator of an alien merchant sworn to pay his debts , p. . an oath against the law of god , void● p. . oath of the duke of york and his heirs in parliament , to perform the award made by the lords touching the crown between h. . and him ; and the lords oath to the duke and his heirs : and their oaths to defend the lords for this agreement , p. . oath of secrecy taken by those who murdered the duke of glocester , upon the sacrament in cali●● , p. . oath of the major of london in the exchequer , p. . there are within the realm too many forsworn already ; therefore imposing a new oath was refused , p. . obit perpetual for two countesses to be erected● p. . obligations of an infant made void , p. . to others uses to remain good after their attainders , p. . by duresses in the insurrection repealed and nulled , p. . blank ones sealed to , r. . through fear , nulled , burned , p. , . officers fraud referred to certain persons to determine , p. . when , how , and where travers●ble , p. , , , , , , , , , , , , , , . the party not to be oute● upon it , ibid. where repugnant , which shall stand , p. , , . where to be taken by the escheator , where by commissioners , p. . see inquest , escheators . office , officers : great and other publick officers to be freely elected by the king. p. , , , , , , . see king council . by the lords and parliament , p. , , , , ● . see commons , king , lords , council . to be of the wisest , best , and ablest men in the realm , p. , , . ill officers complained of ; a declaration , that such who were grieved by the king or his officers , upon complaint , should finde remedy , p. , . great officers and judges sworn to observe the laws , and great charter : p. , . see oath , iustices , council . complaints against the king's officers in parliament : they censured , removed for misdemeanors : p. , , , , , , , , , , , , , , . the king to resume their offices every parliament , and they to answer to all complaints : p. , . which they resign in parliament till cleared , and then are re-admitted : p. . customers , controllers and surveyers offices forfeited by letting them to farms : p. . no aliens to be officers : p. . old servants and officers of the king to be first preferred : p. , . all to be of sufficient inheritance to answer : p. . to maintain no peace-breakers , offenders , suites , quarrels : p. . see maintenance . to forfeit their offices , to be disabled to enjoy them , upon default found in them , and for neglect , and misdemeanors : p. . , , , , , , , , , . to be sworn : p. . see oath . laymen only to be principal officers in the king's courts and house , not clergy-men : p. . to end all matters belonging to their offices : p. , . none to be compelled to bear any office after sixty yeers of age ; prayed : p. . to be all sworn to shun all bribery , and to lose all they have upon attainder : p. . no officers high or low , or any under them , to take other then their accustomed fees : and no officer to be appointed by any mediation contrary to the laws : p. . no officer judicial or ministerial in the king's courts or house to have their offices , but at will , and yeerly to make inquiries of all misdemeanors and misprisions done under them , and report them to the king's council : p. . justices of peace , sheriffs , escheators , customers , and such-like officers , to be made by the councils nomination and advise : p. . officers for life may make deputies : p. . officers by letters patents sworn to appoint such under them for whom they will answer : p. . all officers ceased by the resignation , deposition of r. . and new ones made by h. . thereupon : p. . all the king 's great officers of every court , and of his house , shall maintain the common law : p. . to be sworn to observe all ordinances : p. . great officers not to be displaced but by parliament : p. , , . see council , chancellor , king , lords , treasurer , commons , parliament ; ( the first table of officers ) customers , escheators , sheriffs , majors constables , marshals , privy-seal , steward , barons , iustices . oyl : its vessels to be gauged : p. , . sir iohn old-castle , his excommunication for heresie , judgement and execution for treason : p. , . oppressions , inquired of by commission : p. , , . by the king's council : p. . complained of , redressed in parliament in the pope and his officers , lords of franchises , farmers of customes , forresters , exchequer-men , customers , levyers of taxes , ordinaries , and their officers , privy-councellors , sheriffs : p. , , , , , , , , , , , . of iohn lord talbot : p. . by officers of the chancery : p. . by gold-finers of london : p. . by sheriffs thereof : p. . by usurers : p. . the commons neither could or would any longer bear the pope's oppressions : which , if not redressed , they would help expel his power out of the realm by force : p. . see pope . that all may complaint according to law , of the oppresions of what person or estate soever , without penalty : p. . oppression in place of justice : p. ● statutes against it to be executed : p. . of king e. . complained of by r. . p. , . of king r. . for which he was impeached : p. , , . see exactions , extortions . william ogle attainted in parliament for murdering k. edw. . p. , . ordinances of parliament , the same with acts and statutes , put , used for them ; and had the king 's , lords and commons threefold assent to them : p. , , , , , , , , , , , , , , , , , , , , , , , , , . the king's answer to the commons petitions , as some affirm , makes them to be but ordinances , ( that is temporary ) and not acts ; to be made into acts : p. . none to be made at the petition of the clergy without assent of parliament : p. . the commons to view ordinances before they be confirmed : p. . contemned and held as nothing : p. . a roll of ordinances made in the great council at westminster : p. . confirmed to continue for ever : p. , . the chancellor demanded of the lords and commons , whether such things as they agreed on , should be by way of ordinance or of statute ? who answered , by way of ordinance : for that they might amend the same at their pleasure : p. . the threefold assent was to ordinances as to statutes ; and by ordinances here , they onely intend they should be probationary ; and temporary laws which they might repeal as there was occasion , not perpetual acts , which they could not alter at their pleasures : so that if there be any real difference between an ordinance or statute , as some have hence collected ; it is only this , that one is but temporary till confirmed and made perpetual ; the other perpetual at first , as some ordinances also were . see p. , , , , , , . ordinances of the king and his council ( distinguished from those of the parliament ) to be executed by all his officers : p. , , , . ordinances of ordinaries obeyed by the clergy : p. , . ordinances of the bayliffs and corporation of norwich to be made for the good government thereof , so as they be profitable for the king and his people : p. . ordinances of the major of london to be viewed , and if need be confirmed : p. . ordinances of the lords in parliament , to which the king , by their assent agreeth , between the king and duke of york : p. . ordinaries to punish living usurers : p. . to answer and have an action for the goods of person intestate : p. . not to take conisance of the temporal laws and causes : p. . their oppressions and officers complained of : p. , , , . where they may refuse to admit the king's clerk : p. . their jurisdiction in pensions and other ecclesiastical things ; where , when they may have a consultation , and proceed notwithstanding a prohibition : p. , , . the clergy not to be impeached for obeying their ordinaries , if they prejudice not the king's person , crown or laws of the land : p. . to punish non-residency , and prevent it : p. . persons imprisoned for heresie , to be delivered over to them : p. . school-masters to be placed and displaced with their advice : p. , . see archbishop , bishops , clergy , spiritual courts . outlawry , in case of privision : p. . for felony : p. , , , , . forfeiture of goods , &c. thereupon : ibid. for treason : p. . before justices of peace : p. , . no pardon to outlawries but by parliament ; prayed : p. , . not to be made without additions : p. , , . in debt , detinue , replevin , by act : p. . none to be outlawed without due process : p. . all impotent persons outlawed , may make atturneyes : p. . of persons beyond seas in service : p. . of persons in the county of lancaster , to disable them to sue , and forfeit goods in that county onely , prayed ; and acts concerning it : p. , , . to appear in proper person , and their appearance to be entred : p. , . an act for taking outlaws repairing to hereford : p. . an act touching outlawries : p. . owse-river to be kept open and free for navigation : p. . oxford-university ; a difference and order in parliament touching the scholars of it , and the freers mendicants there : p. , . the commoners pray the lords to regard the estate thereof : p. . their liberties saved and confirmed : p. . the commons pray king h. . to have consideration of it , in the moderation of the statute of provisions : p. . the commoners petition , that their charter , not to answer for felony before any judges , but their stewards , &c. may be revoked , as derogatory to the king's royalty and citizens charter ; the suspension of their liberties granted thereupon : p. . the council upon the said petition impowred to call the chancellor of the university before them , and to confirm , or revoke any of their liberties that are unlawful : p. . they oppose the archbishops visitation by a bull of exemption from it , granted them by the pope , which is disallowed by the king : the order thereupon for their visitation by the archbishop , and confirmation of his visitation of them by parliament : so that if he or his officers were interrupted therein , their liberties should be seised into the king's hands , until the archbishop were restored ; and that for every such interruption they should pay to the king a thousand pound : p. , . oxfords major and commonalty , their dism , and petition for contribution to it , and order thereon : that all lands belonging to the church within the said town , purchased since the twentieth yeer of e. . should contribute to all disms and fifteens : p. . p pannels , the sheriff and undersheriffs sworn to view them●●re returned● p . parceners where they may be summoned and severed , p , . their lands in ireland not to descend to such as are the kings enemies ; order to prevent it , p . a writ of partition between them and tenants in common , p , , . pardon 's general , petitioned for by the commons in parliament , granted by the king at his pleasure , p , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , . denied , , , , . persons excepted out of general pardons , p , , , , , . not granted till the last day of parliament , and after aids , p ● , , . pardon 's special and particular petitioned for by the commons , and granted thereupon only out of grace , and at the kings pleasure , p , , , , , , , , . denied , p , , . pardon of sheriffs accounts , p , , , . see accounts . of sheep stealing , p . of outlawries , p . of trespasses , p , . of prison breach , , . of treason , and insurrection , p . , , . , , , , , , , , , , , , , of fines and amerciaments , p , ● of murder , p , , . of arrears of rent , p . of the eyre or forrest , p . of provisors p . of felony , p , , , , , , ● , , , , . of old debts , p , , , , , , , , . of riots and misdemeanours , p . of merchants for goods not customed , p . of intrusions , p . of piracy upon satisfaction , p . of issues , p , . of treasure house , p , of reliefs , p . of liveries , p ● commissioners to receive rebels and others to pardon , p . pardon 's granted , repealed by parliament , and the persons pardoned , arraigned , condemned , notwithstanding them● p , , , , , . this charged as an high misdemeanour on r . p , . justices to consider of malefactors pardons ere they allow them , p . the ill effects of pardons to malefactors , p , . a pardon to a receiver of a debt wherein the king was deceived , revoked , p . pardons , not to be granted to falsifiers , clippers of money , p , , , . no● to persons censured by parliament● ● , , . nor of a debt assigned , p . a pardon pleaded , and allowed in parliament , p . all pardoned persons to resort to defend the sea coasts under pain of forfeiting them , p . all suggestions to be put into pardons , p , . an act touching charters of pardon , p . an act for such as procure pardon to any notable thi●f , p . king henry the fourth shewed pardon to any offender that craved the same , p . a motion that a murderer pardoned , might yet be executed , p . arrea● of desms paid , notwithstanding a general pardon , p . pardon of treason , yet the lands forfeited , p , . parishes and parish churches how many in england , a tax granted on them , and the commons mistaken in their number , p . parliaments , summoned by the kings writ , by his authority , and in his name alone , p , , , , , , , , , , , , , , , , , , . , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ● , , , , , , , , , , , , , . the summons of it abated , nulled by the kings resignation of his crown , p . suddenly called , p , . parliament consists of the king & three estates , ( lords spiritual , temporal , and commons ; ) always summoned to , and present in it . p . . . . . . . . . . . . . . . . . . . . see causes of parliament . a parliament is to be held once or twice every year , p . . . . . the king himself personally present in it , both at the beginning , end , and at other times as there is occasion ; as being held by , before , and under him ; see king. held in his absence out of the realm , infancie or sickness , by the guardian of custos regni , protector , or commissioners by commissions from the king ( whose commissions were read and recorded in parliament ) in the kings name as his deputies . p . . . . . . . . . . . . . . . president of it , p , , . all members are to repair to , be present in , and not depart from it without licence ; called by name , and fined if absent . p . . . . . . . . see commons , lords . a proclamation made at the beginning of it , that none should bear arms , weapons , or use any games where the parliament was kept , to prevent all force , fear and disturbance thereby . p . . . . . . : . . . . . . . adjourned by reason some lords came to it with force and armed men , p . the beginning , sitting of the parliament adjourned of course till a further day , because many of the lords and commons were not come , nor their writs returned ; and the declaration of the causes of calling it deferred till they all appeared and were come . p . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . the causes of calling the parliament declared in the beginning of it by the chancellor for the most part , sometimes by the chief justice , or some bishop , lord or officer , in the presence of the king , lords and commons assembled together ( usually in the painted-chamber when held at vvestminster ; ) which are usually declared to be , to counsel , advise , consult together , resolve , aid , assist the king , how to defend the realm and his dominions at home or abroad by land and sea against foreign enemies , or domestick rebels ; and to grant aids , subsidies for that end : how to maintain or carry on defensive or invasive wars ; how to treat , settle peace , leagues , truces with enemies by ambassadors , treaties , marriages : how to preserve the publick peace at home , and suppress the disturbers thereof ; how the kingdoms people may be well governed . justice duly executed ; the great charter , churches , corporations , all other mens liberties confirmed , enjoyed ; the laws maintained , & duly executed ; good laws established , obscure explained , ill redressed ; oppressions , extortions , all publick grievances redressed ; the commodities of the realm vended , enhansed ; the people eased , enriched ; the church , and true catholick faith defended against hereticks , sectaries ; and the kings publick necessities supplied . p . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ●. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . receivers and triers of petitions appointed in the beginning of every parliament for england , ireland , scotland , aquitane gascoign , the isles . ( of iersey , garnsey , &c. ) and other forreign parts , who were to receive , examine all their petitions , and to give or procure such answers to them from the king , lords , c●uncil , as was fitting , p . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . , , . . . . . . . . . . . . . . , . . , , . . , . . . . . . . . . . , , , , , , . . . . these triers of private petitions endorsed them , where and by whom they were to be answered ; as coram rege , which the king himself was to answer before the parliament ended , p . n . such as were unproper for parliament , they rejected , and thus endorsed , let them sue to the king , for this is no petition of parliament , p . let them sue to the king , who will advise and consider the same , p . let him petition to the king , p &c. such as were referred to the councel and parliament , were thus answered by them . the same is committed to the kings councel to take order therein . p . &c. see councel . the manner of the commons chusing , presenting the speaker to the king and lords : his protestation , speeches , duty in parliament . see commons : speaker : committees of lords and commons appointed in parliament , to treat , debate of matters , articles , proposals , and confer together to prepare , ripen them for the houses resolution , with the manner of their proceedings , p , . . . . . . . . . . . . . . . . . . . . . . . . see commons , lords . no matters to be proposed , resolved , ordered , concluded but in full parliament , p , , , , , , , , , , , , , , , , , , , , , , , . see causes of parliament , and adjournment of it for absence to this effect . the manner of making acts of parliament ; see statutes , ordinances . the parliament adjourned , nothing concluded , and resummoned by special writs , because divers lords and bishops appeared not at it , p , . a new parliament and convocation ordered in parliament to be summoned by a certain day , p . parliaments adjourned , prorogued by commission ; reassembled ( sometimes by new writs of summons ) by reason of the plague , enemies , incursions , insurrections , the kings urgent occasions , or other causes , with the manner thereof , p , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , . the whole power of parliament committed by parliament , to certain persons , by r. . his mean● : the ill consequence of , repeal and protest against it ; greatly derogatory to the estates of the realm , and never after to be drawn into example , p , , , . matters of peace , leagues with forreign princes , states , debated , consulted of , and concluded in parliament , p , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , . see peace , leagues . matters of war , arrays , and publike defence by land and sea , debated , consulted , ordered in and by parliament , p , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , . see vvar , kingdoms defence , array . aids of monies for publike defence , and publike supply of the kings necessities , required from , and how to raise it , advised of by parliaments , p , , , , , , , , , , , , , , , , , , , , , , , , , , , , aid● , subsidies , tunnage , poundage , new customs , impositions , taxes , to be granted , imposed , levied only by grant in parliament , not otherwise . see quindesms , taxes , tunnage , poundage , impositions , commons . all matters concerning the church , religion , faith , heresie , the popes usurpations , innovations , bishops , ordinaries , and their jurisdictions , clergy , tythes , nonresidence , pluralities , provisions , and the like , debated , ordered in parliament ; see these titles . the title and inheritance of the crown debated , determined , setled in tail , and confirmed in and by parliament , p , to . , to . , to . see crown , kings . matters of justice , law , government , regulation of the kings council , courts of law , officers of all sorts , justices , exchequer , revenues , houshold , stannery courts , and reforming abuses in them , debated , ordered , setled by parliaments ; see these titles . matters concerning corporations , trade , the kings ships , merchants , mariners , merchandise , staples , staple-commodities , woollen cloth , artificers , laborers , manufactures of all sorts , monies , monopolies , weights & measures , and regulation of abuses , defects in them debated , treated , consulted of ; ordered , enacted by parliament . see those titles . merchants sent for and advised with in parliament thereupon ; see merchants . matters concerning nusances and obstructions of navigation in rivers ; sewers , commissions of all sorts , legal or illegal , charters , patents ; their revocation if illegal , mischievous ; confirmation , or supply of their defects , if good , examined and ordered in and by parliament . see commissions , nusances , charters , patents , confirmation , monopolies . the power of enacting , repealing , confirming laws , ordinances , statutes , only in the parliament ; see laws , ordinances , statutes . matters of treason , impeachments , judgments , attainders , forfeitures , resolutions concerning it in and by parliament ; p , , . see treason , lords . a trial in case of treason by jury before the lords there , p . matters of fraud , oppression , practice , injustice , extortions , fines , grants , releases , recognisances by duress , forcible disseisons by lords , great persons , members of parliament , insurrections , riots , tumults , horrid murders , rapes , outrages complained of , examined , redressed in and by parliaments ; or by commissioners , justices , other courts , appointed to examine them by their order , p , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ● , , , , , , , , , , , . see duress , collusion , murders , exactions , rapes . the betraying or surrendring up forts and towns to the enemy , through cowardise or corruption , in foreign parts , examined and censured in parliament , see forts , treason . errors upon judgments in civil and criminal causes given in the kings bench brought in parliament , and the proceedings therein ; see error . lands , rents given to particular corporations , colledges , persons , chauntries , obits , and queens jointures confirmed in and by parliament : see confirmation , chauntries , obits , queens , corporation , charters . princes of wales , dukes , dutchesses , earls , marquesses created in , and their charters confirmed in parliament ; see these titles . precedency of lords there decided , see lords , precedency . denizens endenized , and persons naturalized in and by parliament ; see denizens . a feme-covert made capable to sue and be sued ; an infant declared to be of full age ; and persons attainted of treason either in or out of parliament , restored in blood and lands in and by parliament : see those titles , and restitution . difficult cases in law which cannot be decided or resolved by the judges , to be adjourned into and resolved by parliament , p , , , , , . judgments given without legal process , hearing , trial , or without just cause , through malice , faction , power in one parliament , commonly complained against , nulled , reversed in another , p , , , , , ● , , , , , , , , , , , , , , , , , . see restitution . whole parliaments and their acts reversed , nulled as illegal by succeeding parliaments ; especially when packed , held by power , faction , unduly elected , nominated by the kings letters , not chosen by the peoples free votes ; and when they have prescribed new kinds of oath , acts , to perpetuate their judgments , acts , devices , to bind posterity never to revoke them ; or transferred the whole power in parliament into the hands of some selected time-serving members in the absence of the rest , p . . . . . see h : . cap. ● e. . cap. . e. . stat . : means to expedite businesses in parliament , p . iudgments given in parliament in cases of treason , impeachments for several crimes , slanders of peers , breaches of priviledges , error , and the like , by the king and lords jointly , or lords alone both upon peers and commons , as sole iudges in parliament , without the commons ; together with capital censures of beheading , hanging , drawing , quartering , imprisonment , banishment , fine and forfeiture both of lands , goods , offices , inflicted upon offenders by the king and lords alone as sole judges in parliament , p . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ● . . . . . . . . . . . . . ● . goods seised for a contempt in not appearing in parliament upon summons to answer a complaint , p . persons attainted of treason , felony , are to be censured by order of parliament● if they shall not appear and render themselvs in parliament upon proclamation by a set day , p . . . . . . ● . . . . . . . . the statute of such as make affrayes on lords or knights . p examinations taken by and before the king and lords in parliament of witnesses , ( and of lawyers common , civil , canon , and doctors of divinity in the case of sanctuary ) upon oath , p . . . . . . see oath . sundry oaths presc●ibed and taken in parliament by the lords and commons , privy councellors , great officers of state , justices , barons and others . see oath . king r. . after the resignation of his crown , articled against , deposed , adjudged to perpetual prison in parliament for his misgovernment ; the articles , proceedings against him at large recited , and secrecie required , that none should disclose any thing spoken in that debate , p . . . . . . . . king henry the sixth , with his queen , and son the prince of wales , attainted in parliament of high treason , deprived of the inheritance of the crown , &c. p . to . king edward the fourth , his issue bastardized , and the crown setled by election , and descent on r . by his power and policy in parliament in the name of the three estates . the instrument and act at large for that purpose , p . to ● king henry the fourth declared by parliament , an intruder , usurper , murderer of r. . the heirs of his body wholly disinherited of the crown , and all their inheritance and estates within the realm , p . k. edward the fourth discharged of his agreement with henry the sixth , to enjoy the crown during his life , and declared actual king , and right heir to the crown from a day certain , by parliament , p . so king richard the third , after him , declared undoubted and only heir to the crown by the law of god and nature , p . to . but these were notes above ela , and acted rather by the law of the longest sword , then of the parliament or kingdoms● protectors and defenders of the realm appointed , and their power limited , declared by the parliament . see protector . references of petitions and matters complained of in parliament to the king , himself the councel , chancellor , chancery , treasurer . see those titles . of matters triable at the common law to the justices , courts of law , and a legal triall , p , , , , , , . , , . the judges consulted with in parliament in matters of law and priviledges ; their answers and advice therein . p . see iustices of the bench. all weighty matters moved in it touching the peers ought not to be discussed , judged , determined , by the civil or common laws used in other courts , but by the court of parliament , p . the judges ought not to judge of the parliaments priviledges , which is judge of the law and them , p . priviledge of members of parliament or their servants from arrests and executions , holds in all cases except treason , felony and breach of the peace , in which cases they may be arrested or forced to put in sureties for the peace in chancery , p. , , , , , , , , , , , , . knights , burgesses of parliament , and their servants taken and imprisoned upon execution during the parliament , released out of prison to attend the house , but to be taken again in execution after the parliament ended , p , , , , , . thomas thorpe taken in execution during the prorogation of the parliament , adjudged not to have his priviledge , but to remain in execution , and a new speaker thereupon chosen in his place , p . an act that such who make affrays on lords or knights of parliament shall pay double damages , p . ( cheddars case ) , , . talboys committed to the tower for a year without bail or mainprise , for offering to slay the lord cromwell in parliament time , and to answer the same besides , p. ● . the king and lords , judges of the breaches of the priviledges , elections of the commons house , p . see commons , lords . elections of knights . their members not to be assessors or collectors of subsidies , granted of grace by the king , not their priviledge , see collectors . publike matters in parliament , to be preferred , dispatched before private , p . . . . consideration of things taken till the writs returnable in , and referred to the next parliament , p . . . . . . . . . . . . . . . . . . . ●. . reports of matters referred , made to the parliament , p . . . . . . . . messengers and letters sent from the king to the parliament , p . . . letters of the king , lords , commons , under the great seal , the lords , commons seals to the pope against his innovations and provisions , p . see provisors . pope . a clerk sent for to inform them of their abuses more fully , p . . judgments against persons in parliament not to be pardoned or repealed : see pardon , and p . ● . . judgments in cases of treason , blood , reversed in parliament , because the prelates not present at them ; whereupon they make a lay-proxy to represent them in such cases , p . remedy given by parliament in cases remediless at law , p . . . see misprision . the jurisdictions and exorbitances of the a●miral , constable , marshals , clergy of england , and their courts , limited , regulated by parliament : see these titles . the right and title of freeholds examined , and in some sort determined and setled in parliament , p . . . . . . . . . . . . . none may be examined in it against his will touching his freehold , p. . a di●●ress created by it to a stranger for rents to pious and charitable uses ; see distress . voidable or void exchanges of lands with the king , infants , and others , by husbands and their wives of the wives inheritance , confirmed by parliament ; see confirmation , baron and feme , exchange , infant . monks and spiritual persons cannot be tryed by parliament , p . matters of parliament are to be ingrossed in the roll by the clerk of the parliament , p . some of the commons to be present at the ingrossing thereof , petitioned for , granted , p . the commons suggestion that the time of the moderation of provisors granted the last parliament to the king was mis-entred ; examined by the lords , and resolved to be duly done , p . accounts of subsidies , treasurers of wars , and the kings exchange , taken in parliament ; see accounts , commons , exchange . the articles and arraignment of the archbishop of canterbury brought into parliament and council , p . the proceedings against the earl of ormond in the marshals court nulled by order of parliament ; see marshal . the several debates of the lords and commons in parliament touching the realm , not to be disclosed to the king before a determination of them , and that by the speaker , p . the high esteem the people of england h●ve of the resolution and authority of parliament , p , . petitions in parliament to be last answered , and aids granted before pardons ; see petitions , pardons , aids . parliament dissolved by the kings resignation and deposing , p . by his death ; and therefore nothing done , no wages due , p . the manner of ending , dissolving of parliaments ; with the kings thanks to them , and granting writs for wages thereupon , p . . . . . . . . . . . . . . . . . . . . see commons , lords , king , justices of bench , chancellor , council , admiral , officers , petitions , statutes , taxes , tunnage , poundage , quindesms , merchants , touching parliaments . partition , where to be made between parceners and others claiming by descent or purchase from them ; see parceners . passage free for woolls prayed , p . see vvoolls , staple . of boats in rivers , p . patents , none to be made contrary to the staple , p . of lands found by inquest of office , not till the kings title be fully disclosed , p. . see inquest . express mention to be made in them , p , , . none to be granted within one year after the office found , prayed , p . an act concerning warrant for them , p . an act concerning patents to ostlers and brewers , p . an act touching patents , p ● to searchers p . patents revoked , p , , . see charter , information . patents for assurance of debts , p . patent-makers , three acts concerning them , p , . patrons disinherited by the popes provisions , usurpations on them , p , ● see provisions . learn simony from the pope , and sell their benefices to beasts , p . that they may present for non-residence , moved , p . payment , present and ready to be made by purveyors for what they take , p , , , , , , , , , , , , , , , , , , . an act touching dayes of payment to be given by english merchants , p . peace the preservation of it , and preventing its disturbance , one chief cause of calling parliaments , p . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . injoined to be kept , and made between members of parliament and others , p. . . . . . . . , , , , , , , . surety of the peace demanded against the chancellor , dukes , lords , members of parliament , others in parliament , and there granted against them p , , , , , , . the lady beauchamp bound by recognizance and sureties of peace in the chancery in l. for breach whereof she paid l. being mitigated on her petition in parliament , p , , , see p . breakers of peace to be arrested , p . , . the priviledge of parliament holds not in breach of peace , but that the members may be arrested for it , till they give sureties ; see parliament , iustices of peace . peace at home , a good opportunity to assay enemies abroad , p . the king advised to make any reasonable peace with the enemy , p . see league , parliament . iohn peache his impeachment , imprisonment , for a monopoly of sweet wines , p , . pecuniary pains inflicted by ordinaries complained against as illegall , p , , , . peers , see lords , chancellor , and treasurer to be peers , p . henry piercy his rebellion , order to be taken in parliament concerning it , p , . his impeachment of high treason , for levying war , p . see table . pembroke hall in cambridge , p . priory of pembroke , p . pensions of churches where a suit lies for them in the spiritual court , where not , and prohibitions granted therein , p , , ● pepper , enacted to be sold at twenty pence the pound , p ● perambulations of forrests to be new made and kept , p , , . see forrests . perjury , too many forsworn within the realm already , and therefore no need of other swearing , p . breach of oath in a judge by bribery p . charged against the chancellor , ibid : charged against judge thorpe , , : against r . when deposed , p , . see oath . peter pence to be paid to rome , the collectors of it , p , , . petitions in parliament . see parliament . for a procedendo p , . to reverse judgements and attainders , and for restitution to goods , bloud , lands , p , . see parliament , restitution : to be granted , answered , before the parliament ended ; and those not answered , referred to the councel to be answered after it , p , , , , , , , , , , , , , . see councel . petition of any single person against law , and the common good , to be rejected , p . certain orders to receive and answer petitions on set dayes , and no other times , prescribed to the privy councel , p . petitions of the commons in parliament to be last answered , after subsidies granted , see taxes p . the commons petitioners , not judges , in parliament , p . piepowder courts , p . pinnaces for the governour of southampton , p . piracy , pardon of it , prayed , p ● see reprisals . that justices of peace might inquire of it prayed , p . plague and pestilence , parliaments adjourned , prorogued to some other place and time by reason thereof , p , , , , . kissing the king in doing homage dispensed with , by reason of the plague , p . leases for life made during it by tenants in chief without license of alienation prayed to continue good in law , p . commons disabled ●arge●y to supply the king , by plague , warr , and murrain , p. . alice per●ers ( or pierce ) her impeachment , banishment● petition restitution , p. , , , , , , . plate to be received into the mint by weight● p. . see goldsmiths . mony. plea , new entred , p. . in barr , upon a recognisance and scire fac . that he was sick , or imprisoned , p. . pleadings to be in english , p. . plimouth● its petition to be incorporated , p. . their petition referred to the councils order , p. . liberties granted , and confirmed to it by charter and parliament , p. . an act against the exactions of searchers there , p. . a confirmation to the mayor and commonalty thereof of liberties , under a fee farm rent to the prior , p. . pluralities : the kings will write to the pope to stay the grant of them , if ordinaries doe it not , p. . complai●ned against : see cardinals , provisors pope . poysoning of the dutchess of clarence● the judgement and processe on it repealed p. . poll-mony granted by parliament , on denizens and aliens , p. , , . ● , ● ● . pool● made a port-town ; the mayor to wa●● it , and take recognizances , p. . sir mich. de la pool , his accusation and acquittal from bribery , p. , . his impeachment & censure , p. , . poor people to have writs for gods sake , p. . to be aided in their fif●teenths , tenths , fee farms , for which lincoln , melcomb , lyme , and other places pray relief and abatement by reason of their poverty , losses , which are examined by commission , and they eased thereupon , p. , , , , ● , . see quindism . fines of labourers to be distributed among poor towns only , not the poor of the whole county● p. , , . half-pence and farthings of silver to be coyned for their use , p. . prisoners of warr unable to ransom themselves , pray the king to doe it , p. . the poor merchants complain of sundry oppressions by the rich , p. , . so the poor of yarmouth by the rich there , p. . pope , letters of complaint against his innovations , usurpations , provisions sent by the king , lords , commons to him , under their seals , p. , , , , , . large , bitter complaints in parliament against his usurpations , extortions , provision , first-fruits , taxes , simony , &c. the acts , remedies against them , and his collectors , usurers , brokers , sutes in the court of rome for benefices ; conveying the treasure out of the realm , all subjected to a praemunire , banishment and perpetual imprisonment , p. , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ● , , , , , , , , , , , , , , . pope sends cardinals to treat a peace between england and france , advised with and ambassadors sent to him about it , p. , , , , , . the statute of provisors moderated , to eschue debates with the pope , p. . treated with as a friend , not a iudge in the peace with france , p. . the warr with france not to be stayed by any letters or requests from him , p. . the commons protest in parl. they neither would nor could any longer bear his strange oppressions , provisions , desiring the king and lords to redresse them , or else to help them to expell his power out of the realm by force , p. , , . he intends to cite the king to rome for his homage and tribute for england and ireland , which king iohn by his homage and charter subjected to him● the whole parl. resolve them to be void , and against his oath : and that they would with all their power resist him , and his citations concerning it , p. . the popes dispensation to persons professed to inherit lands , complained of , and nulled , p. . his bull to exempt the university of oxford from the archbishops visitation , set aside and nulled by the king and parliament , p. , , the archbishops protestation against the popes power to excommunicate any bishop in england , or intermeddle in any presentations to benefices recovered in the kings courts ; or translation of bishopricks against the kings will ; the same being to the destruction of the realm of england ; alwayes so ●ree , as that it had no earthly soveraign , but only subject to god , p. . a great scism in the church by having . popes , which the king meaned to redresse , p. . it is enacted by reason of the damnable scism at rome , that all bishops elect and other persons shall be confirmed by the metropolitan upon the kings writs without further excuse or delay p. . an act , that pope urban is the true pope ; that the livings of all cardinals and other rebels to him should be seised into the kings hands , and every one under a praemunire , who should procure any provision or instrument from any pope but him , p. , . . a crossado granted by the pope against the anti-pope , and an army raised under the bishop of norwich , to prosecute his adherents , p. , , , , . the popes notary commanded , to make a publike instrument , of the commons agreement , submission in parl. to the king and lords , to make a peace with france , p. . no monies to be transported hence to the pope , p. . a protestation of the commons , in relation to the pope , that in temporal things they owe obedience to none but the king , p. . the bishops and clergy of england sworn to the pope , whence they make a protestation in parliament , that they neither can nor will assent to any thing , law or statute , in derogation or limitation of his power ; but wholly withstand the same , p. , , . the popes rights in england provided to be saved if the french conquer it , p. . sent to by king r. . to ●a●ify the oath for confirmation of , and against the repeal of the statutes , judgements in r. . p. , . for which he is impeached , as a derogation of the crown of england ( freed from the pope ) and of its statutes and laws p. . collectors of impostrions by the popes bulls , to be traytors , and those who bring them in , p. . the archbishop cited to rome , as one who had wrought against the pope in this realm : the commons pray the king would write to the pope to purge him , p. . pope martin refuseth to agree to an incorporation of canons and nuns together in syon nunnery , being against the canons , there should be two capacities in one foundation , p. . a cardinal admitted of the kings council with this protestation , that he might absent himself in all affairs and councils , wherein the pope or see of rome were concerned● p. . see more in aliens , cardinals , provisors , rome . por●smouth , its ships , p. . portugal , duke of lanc. his undertaking to enter it , p. . the kings subjects in it to be succoured , p. . posse comitatus to be raised by the sheriffs and justices of every county to suppress routs and riots , p. . possession no good title without right , p. , . see inquest : and p. ● . poultry , an act concerning their price p. . powder tunnes in e. . ( before its pretended invention ) p. . sir iohn poultney , his gift to corpus christi chapel and prisoners in newgate , p. , , . prayers for the kings , state , &c. to be made by the clergy , p. . preachers and priests to instruct the people , p. . the statute against preachers revoked , because not assented to by the commons , p. . priests wages limited p. , , , , . an act touching their arrests , p. . precedency , of other earls granted by patent , p. . cases of it resolved between earls in parliament , p. , , , to . prelates , not to be impeached before the justices , p. . praemunire against such as bring in provisions or bulls from rome , p. , . see pope . against deniers of disms , to the king , p. . none to present , collate , induct any alien to an ecclesiastical living , under pain of a praemunire , moved , p. . against a merchant for suing an english merchant in the court of bruges , being a forein jurisdiction , p. . prescription , the time of it , the king will not alter the law in it , p. , . that title by prescription to liberties , may be allowed , as well as by grants , and in pleas before the marshal , as well as before the kings justices , prayed , , . presentation , to churches and dignities obtained by provision from rome by bishops and religious persons within . moneths , p. , . the king may present to any church fallen void in his gift , at any time within . years , p. . the ordinary not to refuse the kings clerk presented , upon any judgement for the king , p. . a motion touching irishmens presentments to benefices to be within the pardon of e. . p. . an act touching it , p. . that none presented by the king to any benefice fallen , be received before recovery , p. . an act touching the kings presentments in others rights , p. . presentments , that they may be made but twice a year in leets and wapentakes , prayed , p. . presidents , to be searched in case of knights wages , p. . for irelands government : see ireland . prices of wares of merchants strangers to be credited on their letters and oaths , p. . of poultry , p. . of wines to be set by the justices of assise p. , . of sweet wines , set by the mayor of londou , p. . of herring to be set by commissioners , p. . an act touching the prices of staple wares , p. , . of pepper enacted , p. . low prices of wooll , tinne , &c. to be considered , how to be advanced , p. , , . prince . see wales . prisage ( or prizes ) of wine by the constable of the tower by patent , complained against p. . that the king may have onely . tun of wine of every ship in the name of a prize , prayed , but the old usage kept , p. , . undue taking of wines by the kings butler by way of prizes , complained of , with the answer , p. . what prizes of wine the king ought to have out of every ship , declared by the kings butler : the citizens of london exempted from , and fraud therein , p. . prises , or prizes at sea , what custom to pay for wines taken , p. . merchants undertaking the care of the sea , to enjoy such prizes as they take , having due consideration of the kings chieftains , p. . taken upon suspition to belong to the enemy , not to be discharged without examination , p. . an act touchcng prizes , p. . priors aliens . see aliens . priority of payment of debts , annuities ordered in parl. p. , , . prison , breach of it by one committed for suspition of treason , adjudged treason , and he execute for it , p. . an act accordingly , p , . pardoned , p. . . prisoners , how and by what writs to be delivered by the justices , p. . an yearly rent to be payed to the prisoners in newgate , granted and confirmed in perpetuity , p. . see imprisonment , gaols . prisoners of warre : the king and council to take order for their safe custody , and take sureties for their good behaviour , p. , . great , dangerous scots prisoners not to be delivered upon ransom or faith , desired by the parl. p. , , . poor english unable to ransom themselves , pray the king to ransome them , who promiseth it as farr as reason would , p. . french kept in nottingh . castle , under an alien , complained of , p. . differences about a spanish prisoner , the party committed to the tower for refusing to bring him forth , p. . that english prisoners in scotland for things since the truce , may be delivered without ransom as the scots are here of custome , prayed , p. . lord coucy a prisoner in wales his ransom desired , ordered in parliam : p. . scots prisoners presented before the king in parl : their behaviour slattery ; desire they may be intertained according to the course of war ; which the king granteth , for that they were taken valiantly in the field : committed to the steward of the kings house , p. , . certain castles hostages for the earl of douglas upon his delivery : other scots prisoners not to be slightly delivered , being the flower of scotland , p. . a ransom prayed for a scotish prisoner by him that took him , being delivered by the kings command , referred to the king and council , . the french refuse to deliver the english prisoners , or ransom them taken at agincourt battel , p. . french prisoners granted to english ones in france , towards their ransom and exchange , p. , , . monies and rents allowed by the king towards ransoms of english prisoners of war , p. . arrerages of ransom released to a french prisoner , p. . order in parliament for the safe keeping of the dukes of orleans and burbon , prisoners of war , and a treaty about their ransom , p. , . earl of somerset prisoner of war in france , his petition to stay a sute for lands given him : which is granted , p. , . that all french prisoners , as well hostages as others , in england , being without the kings safe conduct , their keeper , or host , may be taken by an englishman and ransomed at hi● pleasure the english being so ser●ved in france , p. ● . privilege of clerks of the chancery , p. . of exchequer men : see exchequer . of parliament members . see parliament . privy-seal , and keeper of it . see seal . probate of wills , complaints against extortions used in it , with the answers thereunto , and matters concerning it , p. , , , , , , , ● . procedendo prayed and granted in parl. p. , , . denied , p. , , . processe legall , due : none to be imprisoned or answer for his free hold , life , &c. without it , p. , , , , , , , . processe usual in the execution of stat. merchants to be used , p. . against accomptants in the exchequer what , p. . upon indictments or appeals p. , . against persons complained of in parliament to bring them in to answer , &c. p. . , . see parliament . against men of cheshire , p. . in an annuity , detinue , covenant , p. . see exchequer , exigents . proclamations ; against wearing weapons , and games in places where parliaments sit : see parliament . for the apprehending and appearance of persons impeached or attainted in parliament , in their absence , p. . , . see parliament : for all who have pardons to repair to guard the sea-coasts , p. . that no persons buy any woolls , before the king be ferved , p. . for free buying of wools , p. . against popes bulls and provisions , p. . for true making of woollen cloth , p. . of the staple , p. . against transporting corn or victuals , p. . that all members may for the present depatt and return the next , or a set day to hear the causes of parliament declared , p. , , , , . for such who had annuities , fees or offices of the king to appear before him and his council , p. . to bring in the earl of arundels charter of pardon , p. . for the banishment of aliens and bringing in all their patents of lands and annuities , p. . to bring in all monies received by any beyond the seas from enemies or others , except due wages , or else to be taken as traytors , p. . of those of guien , to be denizens , not aliens , p. . of sundry in rebelling to yield themselves to the kings protection by a day , else to be attainted to treason ; by the parliament orders , p. , . of articles against liveries , maintenance , rebellions , murders , p. . touching exchangers and their fees , p. . to surcease sutes in forreigners courts , p. . prohibitions to spiritual courts , where grantable , where not , in cases of tithes , tithe-wood , proceedings for punishment of the soul , pensions , &c. with the clergies complaints against them , p. , ● , , , , , , , . to the popes collectors for levying first-fruits of ecclesiastical livings , p. , . to the admiralty , p. . profession of religion , p. . protections , complaints against them , p. , , . acts concerning them , p. , , , , , , prayed for those who remain on the sea-coast by the kings command ; but denied , as being to the commons apparent losse , p. . for such as go in the kings wars , by act , p. ● . to be void to such as serve not actually in the wars in deceipt of the kings people , p. , . cum clausul● volumus , whereby many are undone , repealed , p. ● . not to be granted to religious persons● ib. . for petitioners and ●omplainers in parliament , p. , . where to be allowed , where not against . actions of londoners , p. . to the lieutenant in ireland allowed in parliament , in error brought against him , while he lay for passage thither , p. . obtained by undue means to be revoked● p. , . no protection to be allowed against the prince for dutchie lands to be recovered , p , . an act against protections for ciaclers p. . persons put out of the kings protection : see premunire . protectors of the realm made in and by parliament , their commission , au●thority , allowance , p. , , ● , , . during the kings pleasure , ibid. the lords and commons suborned by the duke of yorks practice , to importune him to take the protectorship on him , as imposed against his will , when as he ambitiously desired it● p. , . compared with p. . protectorship resigned , p. . revoked p. . protestations , of the archbishop of canterbury , bishops and clergy in parliament : see archbishop , clergy : of the commons , lords , king , speakers , in parliament . see all these titles , and parliament . against a debt by the archbishop , p. . prothonotaries , p. . provisions from rome , complaints acts against them . see pope , praemunire . the king impowred by parliament , and intrusted with the advice of his council● to moderate and dispence with , but not repeal the statutes against provisions , with certain limitations cautions , to eschew debate with the pope p. , ● , , , , . wherupon certain provisions of bishopricks and benefices by the pope were here made ; till the statutes against them were re●confirmed to prevent the new mischief , p. , , , , , , , , , , , , , , , , , . a lay proxy in parliament for the clergy , in cases of treason and blo●d , p. . see clergy , parl. purgation of clerks delivered to the ordinary to be more narrowly looked ●oo , p. . of lords suspected , by oath , p. . purveyance to be made only for the king , queen , and their children , by good warrant , and ready payment , p. , ● , . see payment . half of it ●eleased by the king in respect of the great dearth , p. . purveyance , purveyours , complaints , petitions , acts concerning them , and the grosse abuses , excesses of them ; in what cases , by what commissions , how , where● upon whom , of what things they are to be made , by the o●ersight of constables , and for present pay : p. ● , , , ● , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , . q q●●are impedit , the plea in it razed , ordered to be new entred , page . queen : her dower made , confirmed in and by parliament , p. , , , , , , , , , , , , , . customes assigned to pay the queens debts , by parl. p. . aliens about the qu● remo●ved the court , banished by order of parliament , p. , , . queen to pay proportionably to the king● houshold expences , p. , . commons recommend the queens estate and advancement to the king , who thanks them for it , p. , . her debts to the king denied to be pardoned , p. . queen dowager accused of treason in parliament for compassing the kings death by her confessior : the lands and goods of her sureties thereupon seised , p. . no man to contract or marry with any queen of england , without the kings special license , on pain to lose all his goods and lands , enacted , p. . queens arrival and coronation , a cause of adjourning the parliament , p. , . queens gold when and how to be levied , though petitioned against , p. , . queen returned into france with her jewels , p. . queen katherine makes the king her sonne sole executor , p. . kings grants to the queen , excepted from resumption , p. , . queens midwife , a provision made for her , p. . quindisms granted , and how to be levied : oft abated to poore townes in respect of their poverty : who are to contribute towards them ; and how to be rated , collected . see p. , , , ● , , , , , , , , , , , , , , , . and taxes . r. ransome of prisoners of warr , p. . see prisoners . fine and ransom , p. . see fine . rape , ravishment of women , complained of orders therein , p. , , ● , . acts against them , p. , . of a ward , p. . rainham mannor in kent , holden of the king in chief , as of dover castle , p. . rebels and rebellion , a commission of array to punish them , p. . in ireland and gascoign : a parliament called how to suppres ; them . p. . & how to punish the horrible tumults and rebellion at home against the king , p. p. , , . ringleaders in insurrections , rebellions excepted out of general pardons , p. , , , , . such as resisted , slew , executed them without due processe at law in time of rebellion , pardoned , p. . liberties of cambridge seised into the kings hand for their tumult , rebellion , p. , . let into london , p. . the kings great pains and expence in suppressing them , p. . power given by parliament to the duke of yorke declared right heir to the crown , to ride through all the realm , and suppress all rebellions , insurrections , p. the parliament adjourned , because the king was enforced to goe in person to suppresse conspiracies and rebellions against him , p. , rebels by proclamation to come in and submit themselves , and deliver up their castles by a day , else to be attainted of treason , p. , . see treason , iack cade . welshmen . receit , of a feme covert in reversion , p. . of the remainder in tayl , in default or fraud of tenant for life , p. , . no tenant to be received to counterplead his own conusance , p. . an act for receipt of him in reversion , p. . . recognisance , a scire facias to issue on it , p. , . of an infant nulled , p. . by duresse , cancelled , p. . for the peace , pag. , , . for good behaviour , p. , , . an act touching recognizances , p. . to others uses to remain to their uses p. . to appear at a day , plea in barre against it , p. . before the mayor of the staple at calice , p. . error in parliament upon judgement given therein in the k. b. p. . upon bayl taken by justices of peace for appearance , p. . recompence to parties and their executors in parl. p. . records searched for ireland , p. . averment against a record where the plea is mis●entred in county-palatins , prayed , p. . chancellor to view the record of the popes treaty with e. . about provisors , p. . old records , concerning prohibitions and consultations in cases of pensions , to be searched by the justices and to doe thereafter , p. . cancelling and razing sundry records an article against king r. . p. . records imbezelled touching the earl of arundels inheritance , to be searched for , and restored , page . justices of assise by act , to deliver all their records into the treasury , p. . kings records to be searched for presidents for knights wages● when nothing was done in parliament , p. . intail to be proved in chancery by matter of record before restitution thereto upon an attainder , p. . all records of the k. b. and c. b. in the time of ed. . . r. . h. . and . brought into the treasury at westminster , prayed to be brought back into the benches again , p. . record of a recovery in right of ward imbezelled , but the copy enrolled , ordered to be exemplified and taken for the record , pag. . attornies to have free search in court of the rolls thereof , which the clerks are to bring in , p. . re-entry of the king for non-payment of rent , except of corporations , fee-farms , p. . regrators , remedy prayed against them , page . to bee attached by the chancellor and scholars of cambridge , p. . relation , a recovery in debt and trespasse , prayed to extend to land , the day of the writ purchased as to execution ; which could not be but by a new law , p. . releases by duresse avoyded , p. . , , . subsidy released by the king , p. . of an heir restored by parliament upon request to the kings feoffees , p. . released of k. r. . not under the great seal , made void , p. . a release ordered to be pleaded in barre , p. . release of one coparcenor binds the other , and no account lies for it , p. . release of dower , p. . of the king by his letters patents to a tenant for life , and his heires of lands , p. , . of customs of certain wines by the king , p. . religious houses , violations of their privileges , p. . remembrancer of the exchequer , his office by act , p. . rent-charges , remedy against them prayed , when granted by feoffees in trust against the will of the feoffers , p. . reprisals , and letters of mart , merchants of brabant arrested by english merchants for wools taken up for the duke of brabant , who are to abide the councils order therein , p. . remedy and restitution prayed by english merchants against spanish gallies , who boarded and took their ships and goods after the truce : wherein the king promiseth to doe his best , p. . merchants of bristol and other places arrested for the debts and trespasses of other english , with whom they have no acquaintance or dealing , at calice , pray redresse , p. . merchants of york whose wools were arrested by the lord of arde in holland , for a debt pretended due to him for service from the king of england , refusing to deliver them upon the kings letters or other means , pray license to stay this lords ships at calice , or in england , til they be paid or answered the value ; which the grand council are to remedy according to reason , p. . the goods of strangers attached in england , prayed to be replevied to such englishmen , as had their goods spoyled on the sea during the truce : which is granted , except they be leiges , p. . english merchants to be answered of scots goods remaining in england , for their goods taken in scotland , p. . englishmen whose goods are arrested in wales without cause , and not restored within . dayes after means made for restitution , may take welshmens goods in england of such place or liberty , p. . letters of mart prayed and granted to an englishman against such frenchm●n as have not the kings safe conduct , for his goods taken by the french , i● they refuse to do him right , p. . the next cosins of welsh rebels and rioters prayed to be arrested , until the malefactors render themselves , pag. . the london merchants pray in parliament a confirmation of letters of mart and reprisal granted them by the king against the merchants of iean , which is granted ; with provision for the safe keeping and well ordering of the goods , p. , . an act touching letters of mart , . that such merchants as are robbed by the britains during the truce , may have letters of mart● prayed , and committed to the council , p. . an act touching restitution of goods taken by the king of denmarke , and petition , that all persons who have their goods taken by the merchants of hauns , may have their remedy against those of that company remaining in london , p. . that such scots and britains as shall sue in the admiralty for restitution of their goods , be bound to englishmen for their goods taken , prayed , p. . an act touching the taking of spanish ships by way of reprisal , p. . letters of mart granted to english merchants upon petition in parlia●ment , after the truce ended against the britains who had spoiled them , p. . a petition , that the goods taken upon the sea of such as are friends to the realm may be restored , p. . rescous of a prisoner complained of and the sheriff indemnified , p. . residence prayed , and prescribed to those who have lands and castles on the sea-coasts , the northern marches● ireland● , to the inhabitants of garrison'd towns , and marches of wales in times of warr and danger , under a penalty , p. , , , , , , , , , , . residence of priests on their benefices prayed , under a forfeiture and penalty , p. , . see non-residents . restitution of lands given to enemies prayed , p. . of merchants goods seised , p. , , . of lands and b●oud to persons attainted of treason or felony in or out of parliament , by act and judgement of parliament out of pardon , grace , or justice , and the first a●tainder pardoned , reversed , nulled , page . , , , , , , , ● ● , , , , , , , , , , , , , ● , , , , , , , , , , , , ● , , , , , , ● . restitution only for life , p. , . resumption of lands , rents , revenues , customs , annuities granted , alienated , by and from the crown at the petition of the commons in parliament , for their ease from taxes and that the king might ●he better live of his own ; acts for ●hat purpose , p. , , . , , , ● , , , , , ● , , , ● , , ● ● . grants to the queen or prince by parliament , by order of parliament exempted from resumption , and some other , p. . returns dishonest of bayliffs , complained of , p. . revenge prohibited to persons pardoned , p. . rewa●ds promised to the apprehen●er , of persons attainted by parliament , p. . of service in the apprehending tray●ors , rebels , by gif●s of lands , p. . judges and other officers to take no rewards , p. , ● . see iustices oaths . service . ribalds , to be banished every town , p. . king richard . to be vertuously educated , during his minority , p. , his mariage with an●e the daughter of cha●les the emperour , and great expences , p. . his revenues , expences surveyed by a special committee , p. . his protestation of his liberty to chuse his great officers , council , at his pleasure , p. , . haxy attainted of treason for exhibiting a scandalous bill in parliament against his houshold and government , p. . come ●o more full age , meant to see his people better governed , p. . his protestation to save the prerogative of himself and crown , p. . his coronation oath renued and taken again , p. . intrusted by the commons to moderate and dispence with the statutes of provisors : p. , , . statutes appointed for his houshold and officers , p. . enacted , that he might be as free , and enjoy his prerogative , as amply as any of his progenitors , p. ● , his abuse of this power , p. . his new devised oath ratified by the pope , his devise to oblige his successors to make good his acts , and put the whole power of parliament , into the hands of a special committee : his tyrannical speeches , actions , oppressions● misgovernment , drawen up into articles ; for which he was forced to resign his crown , then solemnly deposed and adjudged to perpetual close imprisonment during his life , p. , , , , , to . his jewels and money how disposed , p. . his releases , grants nulled , resumed : see resumption : the tyrannous usurpation of h. . upon , and hainous murder of him , at large related , condemned , and his right to the crown justified in parliament , p. . king richard . his blasting of edw. . his mariage , issue , government ; and matchiavilian practice , bill in parliament to gain , intail the crown to himself and his posterity , as pressed thereto against his will , by the election of the . estates , &c. p. . to . richmond earldom forfeited and granted away for the earls treason , p. , , , , , . riots , justices of peace , assise to punish them ; complaints , proceedings , censures , acts against them in parliaments ; somtimes referred thence to the justices , council , chancellor , special commissioners , to hear and determine , with matters touching them , p. , , , , , , ● , ● , , , , , , , , , , , , , . robberies at ratcot bridge , an act concerning them , p. . roberdsmen , acts against them to be executed , p. . rochesters petition , p. . it s bridge , see bridges . rhodes , money designed for it , p. . rome , complaints , acts against sutes for benefices and other things in the court of rome , provisions , exactions thereof , p. , , ● , , , , , , , , , , , , , , , , , , , , , . see pope , provisions . rye , remedy , defence prayed for it , against the enemies sodain invasions , oft spoyling and burning it , p , . s. sacrilege : such as take any pax , coape , graile , masse-book , &c. out of a church , to be deemed traytors , burned , and have no clergy , and all justices to inquire of it , prayed , denied p. . safe conduct , an imposition on wools , wines , and other merchandises by grant of the merchants for safe conduct of their ships , complained against , p. , ● , , . such as undertook it , to answer the merchants for their ships taken by the enemies through their default , p. . safe conduct granted to an irishman ( usually to ambassadors ) to come to the king and council , p. . an act touching safe conducts , p. , . salmon , acts for their preservation , increase , and against their taking at unreasonable times , p. , ● ● . sanctuary : flying to church-yards to save mens lives , and escapes thence inquired of , p. . no clark to be arrested in the churchyard or any other sacred place , granted upon petition so as none do keep in the sanctuary by covin , p. . creditors making feofments by covin , and then flying into sanctuaries , complained against , p. . all flying to church-yards or other holy places to enjoy their privilege without any temporal watch or ward , p. . an act touching arrests in churches and churchyards , p. . parsons murdered in the sanctuary at westminster in time of high ma●●e complained of : and resolved by the judges , learned in the law , doctors of divine , civil , canon law , and parl : that the privilege of sanctuary is not to be allowed in cases of debt , account , &c. but only in cases where a mans life or members are indangered , p. , . complaints against the sanctuary claimed by the abbots of colchester and abingdon● referred to the co●ncil to take order therein , p. . no sanctuarie to be allowe● to lollards , hereticks , traytors , p. . no man of good name to be impeached by any in sanctua●y , unless sureties be bound to make proof thereof , p. . a person in execution for debt in the k. b. appealed of felony by collusion , and allowed his clergy , removed out of the ordinaries prison and sanctuary , by a writ of the justices to the k. b. till the debt satisfied , . sacraments and service to be administred in chapels of ease , p. . sandwich , provisions made there for the kings navy , p. ● . the staple of wools appointed there , p. . arrears to the duke of somerset to be paid out of the customs of it , p. . and monies lent by those of calice , p. . satisfaction awarded for taking a french ship in time of truce , p. . to executors , . scarborough , matters concerning it , p. , , . school-masters to be placed and removed by the parish priests in london by advice of the ordinary or archbishop , p. ● . scholars english to be encouraged , preferred ●o aliens and other livings . see aliens , english : dispenced with for non residence , p. . see cambridge , oxford . scire facias , upon recognisances , writs of error in parliament , and in other cases , p. , , , , , , , , , , , , , , , , ● , , , , , , . scisms of the church complained of , p. , , . schismaticks , pag. . see heresie , pope . scotland , towns and garrisons in it fortified and victualled by the english , p. , , . englands antient patrimony , p. , . the kings lands in it , p. . the lords and commons will not ●ssent to any peace , that the king thereof should enjoy the fee of the whole realm of scotland without any subjection , to the dishinheri●on of the king and his crown , p. . statutes against breakers of truces extend not to scotland , p. . receivers of petitions for scotland in parliament . see parliament , king of scots to serve with men at arms at carlisle p. . king iames taken prisoner , sendeth ambassadours to treat his delivery and a mariage , which the commons approve , and desire to be acquainted with , p. , . barwick surrendred to him , p. . scots ; parliaments called , aydes granted , arrays , forces raised , and the north-marches garrisoned , invasive warrs against them , and means to prevent their invasions : p. , , , , , , , , , , , , , , , , , , , , , , , , , , . scots prisoners taken in warres how to be used , secured , when ransomed , and when not admitted to ransom , p. , , , , ● . victories over them , p. . their perfidiousness , cruelty slattery , p. , , , , , . the french , if they conquered england , would surrender to the scots whatever the english had formerly taken from them , p. . they invade england , p. . take barwick , p. . besiege it against the truce , p. . surrendred to them , p. . trea●ies of peace with them , pag. . . ● , , ● , , , , , , . no victuals , armor , wools to be carried into scotland ; nor any protection or passe-port to any scot , to pass through the realm , p. , , . commissions to enquire of scotish labourers within the realm , repealed , p. . all scotish money to be brought into the kings exchequer by a day , p. , . acts touching scotish silver and gally half-pence , p. , , , . their merchants goods here seised to satisfie english merchants , whose goods were seised in scotland , p. . schismaticks of scotland● warr against them , p. . scotish hostages charge &c. p. , . scots sue in the admiralty for restitution of goods , p. . persons attainted of treason for practising to deliver up carl●sle , and surrendring barwick to the king of scots , p. . earls of angus and athol summoned to english parliaments . see table . lands conquered and recovered by the english in scotland , to return to such scots lords and their tennants who continue faithfull , and are sworn subjects to the king of england , p. . sea ; complaints of its ill guarding and losses by enemies pyrates , guarding of it one cause of summoning parliaments ; admirals , navi●s , ●axes , merchants , the cinque ports appointed to guard it , sale conduct of ships , by the parliaments advice ; the merchants consulted with , and impositions of tonnage , poundage granted for that end ; all other matters concerning it and the navy . see page , , , , , , , , , ● , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ● , , , , , , . the cinque ports and haven towns have privileges , and are bound to guard it , p. . see admirals , navy , ships , merchants . sea-coasts● parliaments called , and orders made for their defence , in times of danger , invasion ; all who have lands there to repair to , and reside on them ; and i who have pardons : with other matters concerning the same , p. , , , , , , , , , , ● . see kingdom . sea ma●ks , and poles to know the increase and decrease of the sea , to be set up , p. . seals : great seal altered ; a new made with the stile of king of france ingraven in it , page , , , . exemplifications and commissions under it , p. . . . see those titles . patents , charters , writs , releases , granted , confirmed under it , p. , , , , , , . see those titles . justices not to stay to doe justice for the great or privy seal , pag. . see iustice , iustices . a letter to the pope under it , p. . pardon 's granted under it freely , without paying any thing , except for felones , who are to pay the fees thereof , p. , . manumissions under the great seal by insurrections and force repealed , pag. , . surrendred up to the king and his protector by the chancellor ; and re-delivered to him in parliament , p. , . an award of the privy council confirmed under the great seal , bindes not the parties title at common law , p. , . no due grants to be slayed at it by the council , p. . of gold , the chancellor discharged of it , delivered sealed in a bagg , shewed openly in parliament , then delivered to the new chancellor ; p. . patents under it , and the dutchy seal of dutchy lands in lancaster , p. . queens dower assigned , under it , p. . see chancellor charters , confirmation . seal privy allowed , letters , writs passing under it , and matters concerning it , what may be done , or not done without it , p. , , , , , , , , , , , , , , , , . loans required under it , p. . no mans possession to be disturbed by any writ under it , p. . king hen. . his last will sealed with the great and privy seal , p. . keeper of the privy seal : matters referred to him upon petitions in parliament p. . see parliament , and council . a privy counsellor , one of the chief officers , and to doe all matters be longing to his office , pag. , , , , . the statutes of the kings house to be yearly viewed over by him and others , p. . he and the chancellor to survey and regulate the chancery , other courts of justice , remove ill officers , and place others , p. . the commons pray the king to have consideration of his service , p. . his patent confirmed by parliament , p. . clerk of the privy seal , p. . seal of the dutchy of lancaster , what leases , and grants are to passe under it , p. , , , , , . seal of the dutchy of normandy surrendred by the chancellor of it to the protector , p. . seals of the chief justice of the common place , and chief justice in eyre , p. . for sealing judicial writs in k. b. and c. b. p. . seal for cloath , with the sealing and fees , pag. , , . see aulnage . seals of nobles and commons of corporations set to their letters sent to the pope against provisions . see pope , and p. . search of records . see records , ireland . for the king title , where aid is prayed , p. . searchers , their office forseited for letting them to farm , p. . acts concerning them , p. , , . to be resiant , p. , . their decits complained of p. . not to keep any hostery , p. . to be appointed by the councils advice , p. . an act against their exactions , p. . seisure of lands into the kings hands by escheators and others , p. , , . see inquests , escheators . sergeants at arms , to provide timber and other necessaries to fortifie southampton p. . two sent to bring up chief rioters about the choice of the mayor of york to the council , p. . that there may be no more of them then formerly , and to be expelled for doing otherwise than they should , p. . an act concerning them , p. , . by commission bring up the chief rioters to the parl. p. , , the act concerning the number & ability to be executed , p. . to bear maces of silver , p. serjeants of corporations , not to bear maces of silver , but only in london , nor out of their liberties , p. , . none to be victuallers , p. . serjeants at law , no commissions of extortions to be made but to serjeants or others learned in the law , p. . all the justices and kings serjeants charged in full parl. to say their knowledge in a point of law touching a feoffment made by k. e. . whether conditional or no , p. . called to hear the causes of parl. p. . . justices , . serjeants , and . apprentices of the law to be sworn to declare all delays and defects of the law that they may be remedied , p. . the chancellor accused in parl. for not doing justice , avoucheth the justices and serjeants that were at the hearing of the cause ; who acquit him , p. , . that kings serjeants have sufficent power to record attornies in every court , prayed p. . six apprentices of the law appointed to be serjeants and refusing the same , are charged in parl. by the warden of england to take it upon them ; which thereupon they did , p. . kings serjeant to take no mony for poor mens bils and answers to them , p. . order taken for payment of the kings serjeants fees & wages at the commons petition , by the clerk of the hanaper , and mayor of the staple , p. , , . the kings serjeants called by the lords , to answer the duke of yorks claim to the crown in parl. utterly refused it , p. , . serk island : p. . servants : an act touching the spoyling of their masters goods : p. . kings old servants to be preferred . see king. service good rewarded : p. , , ● , , . see rewards . sessions : where , when and how to be kept by justices of assize and peace : p. , , , , , . severn complaint against nusances , obstuctions in it ; orders , acts for their redress : free passage of boats in it ; and exactions demanded for passage of wares : p. , , , , , , , . see extortions . sewers : see commissions . sheep : p. , , , . sheriffs to be able and responsible men : p. , , , , , , . by whom to be nominated and chosen : p. , , , . to continue in their offices but a yeer , and yeerly removed : p. , , , , , , , , , , , , , , , , . made by writ during the king's pleasure : p. . sworn : p. , . to return i quests of the honestest and nighest : p. . to view all pannels ere returned ; all under-sheriffs sworn to it : p. none to be twice sheriff ; moved : p. . not to be justices of peace during their office , nor commissioners in some cases : p. , , , . to make provision for garrisons , by writ : p. . to muster men : p. . to make payment of the king's duties and purveyances : p. , , . complaints , and orders against their extortions and abuses : p. , , , , . see exactions . fined , imprisoned for a false return of a knight of the shire : p. . petitions of several counties for allowance of feefarms , and other things granted away , not leviable upon their accounts in the exchequer , with answers , pardons , orders , allowances therein : p. . , , , , , , , , , , , , , , , , , , , , , , , , , , , ● , , , , , , , , , . see accounts , exchequer . sheriffs sworn to return the most able men in the county in an assize for dunster-castle , and other mannors : p. . an act against sheriffs bribery : p. . k. r. . impeached for suffering sheriffs to continue longer then a yeer ; placing unfitting persons to be sheriffs ; procuring them to return such knights of shires , as he appointed , without due election , and inforcing them to unusual oaths , to execute all his commands under his great or privy-seal or signet : p. . the duke of suffolk impeached , amongst other articles , for procuring persons of his confederacy to be made sheriffs , p. . remedy prayed against such sheriffs as take bayl of persons indicted in their town , as were before bayled by other sheriffs : p. . to raise the power of the county to suppress all riots and routs : p. . his return on a scire fac. in parliament , that a defendant is not firmed , nor hath any lands within his bayliwick : p. . inquiry to be made touching sheriffs concealments : p. . to make proclamation in the county , and give fifteen dayes respite in the election of knights of the shire : p. . an act concerning them : p. . an act touching the king's pardon to them : p. . an act touching the naming them by collusion in writs of assize : p. . command to all sheriffs to obey the duke of york as king : p. . inquiry prayed to be made of the profits of all counties , and sheriffs to answer no more : p. . an act touching indictments in their tourns : p. . two tourns of the sheriffs of suffolk granted the earl of arundel , in the rapes of chichester and arundel ; of which the sheriff prays discharge : p. . indictments of man-slaughter in sheriffs tourns● in northumberland , cumberland , westmoreland ; moved to continue good : p. . such as are amerced in their tourns for annoyance , to be received to traverse or try the presentment in r. b. before the amercements levied : p. . commons of hereford pray they may not be amerced before the sheriff in his tourn ; but by honest persons before the justices in their sessions : p. . an act touching indictments in their tourn : p. . in all inquests to return the most honest and richest neighbors : p. . an act touching the sheriffs return : p. . shooe-makers and cord wai●ers : act , and matters concerning them : p. , , , , . shrewsbury : they pray discharge of their tenths for poverty : p. . ships provided to guard and defend the seas ; their rendezvouses , admirals , wages appointed by parliament , and where to victual , &c. p. , , , , . see navy , seas defence . impositions for their safe conduct by sea : p. , , . see tonnage and poundage . complaint of ships taken and lost in the king's service without any recompence , by which the navy is also destroyed : p. . the whole ship not to be forfeited for a trifle not customed : p. . complaints of staying ships for the king's service long before they serve , whereby the owners are forced to keep the marriners to their undoing : of the oft restraining of ships , and taking up their masters and marriners for the king's ships , whereby most of the ships lie still , and marriners are forced to seek new trades to the decay of the navy : p. . taking of ships not to be but for necessity ; allowance for the tackling of them worn in the king's service , prayed , though not used before : p. , . if a man or boy fall out of a ship or vessel in the sea , it shall be no deodand ; if in the fresh-water or port , the king will shew favour : p. , . complaint against obstructions in navigable rivers , that ships and boats cannot pass : p. . when merchants had free disposing of their ships , one port-town had more good ships , then now had the whole realm : p. . that the owners of ships taken for the king may be considered , their losses in the same , prayed : p. . complaints of burning and taking ships by the spaniards and other enemies in cornwal and elsewhere , by pressing and taking their marriners , to the destruction of the navy : p. , . an act touching shipping : p. . touching lading of merchandize in english ships and bottoms : p. , , . enacted , that every ship taken up for the king's service shall , toward their apparelling , take for every quarter s. a tun : p. , . that every owner of a ship serving the king may have for every tuns weight , s. d. a quarter for the ships service : p. . so much prayed toward their apparelling : p. . commissions sent to sundry port-towns to make boats and ballengers without assent of parliament ; repealed : p. . stayers of ships of strangers by writ directed to them by the king's command , to be indemnified against the owners of them in any of the king's courts ; prayed : p. . ships taken upon suspicion they belong to the enemies , not to be released without examination : p. . that no ship be taken for the king's service by any patents before they be seen by the major and officers of the town , and the price of the fraight by them made , and ready payment ; prayed : p. . ships sworn to defend the admiral , and deserting her whereby she is taken by the enemy , to contribute to the loss : p. , . that no owner of a ship may be impeached for any harm done by his to another ship , in the sea , or any port or creek , if he were not privy thereto ; prayed , but denied : p. . imprisonment in the tower for taking a french ship in time of truce , and recompence made to the owner : p. . see navy , reprisals , admirals , merchants . walter sibel excepted out of the general pardon for horrible acts : p. . he opposeth the bill against the fish-mongers , and is taxed for attempting to let the rebels into london : p. . fined , imprisoned for slandering the earl of oxford : p. . silk-women : an act concerning them , p. . silva cedua . see tythes . silver : petitions , orders , acts concerning it , and its coyning , &c. p. , , , , , , , . skins transportative , p. . slanderers of noble-men , sowers of sedition ; the censure of such ; and publick-purging of some suspected nobles from slanders and suspicions in parliament , by the king and others , p. , , , , , , , , , , , . summons and severance : p. , . soldiers covenanted to serve the king with a certain number of men in war and peace for an yeerly fee : the ancient manner of entertainment and raising souldiers , p. , , , , , , , , . a month● pay before hand to souldiers by way of advance , p. , . those who went to the wars had protections . see protections . found at the king's wages , p. , , , . set out by arrays , p. , , , . commissions to finde hoblers and archers complained against , p. . contrary to law , p. . none to finde men at arms , but such as hold by that service , enacted , p. . such as feign themselves men at arms or archers , and cannot prove themselves such , to be driven to their occupations , p. . complaint of souldiers at southampton , spoyling the country , because they were not paid their wages , and remedy prayed against it , p. . the major and staplers of calice upon all roads furnished at their own costs without wages one hundred bill-men , and archers , p. . souldiers broken in the wars exempted from bearing offices and serving in juries , p. . their children born beyond sea when they are in the king's service , denizens , and not aliens , p. , . a subsidy promised to furnish men at arms , and so many archers which came to l. p. . chieftains of souldiers to recompence the damages done by them whiles they lay for passage , upon complaint , p. . none to be enforced to go out of their counties , but upon sudden coming in of enemies , p. . disbursments of moneys for payment of souldiers , and souldiers arears ordered to be paid , p. , , , , , . their good service prayed to be considered , p. . the kings forraign revenues to be imployed on the souldiers there , p. . necessaries to be bought for the kings souldiers within the realm , and se●t to them , p. . the souldiers victuals taken in divers towns to be paid for , p. . the lord talbot served the king two yeer without wages in france : p. . that all such souldiers as pass through the realm may pay for their victual and lodging , p. . perill for want of ●aying the souldiers then at calice , premonished , p. . the treasurers of england to pay the souldiers wages there , if the customes will not do it , p. . an act touching souldiers going from their captains , and their abating their wages , p. . the souldiers wages at calice , ordered how to be paid , p. , , . the commons grant to finde archers in the kings service for half a yeer , p. . and archers for one yeer , p. . southampton : orders in parliament for its fortifying , victualling , garrisoning , defence , p. , , . the inhabitants pray the king to take the town into his own hands , being unable to pay the feefarm in regard of the great charge of their fortifications ; and that he will send men of war thither for its defence , p. . they pray remedy against the extortions of the lord nevil , for not paying the souldiers , and the spoiles done for want of pay , p. . that the normans may discharge their merchandize there ; prayed : p. . the merchants of iean , and other places , may discharge their merchandize there , p. , , . upon their petition there is l. a yeer of their fee-farm released for ten yeers , and license to purchase lands to the yeerly value of l. p. . pool to enjoy the like liberties of a port as southampton , p. . payment of a debt ordered out of its customs , p. , to be paved , p. . southwark : how far subject to london , and matters concerning it , p. , , , , , . spain , spaniard : matters concerning the peace and wars between england and them , and their enmity against england , p. , , , , , , , , , , , ● . speaker of the commons house , his election , presentation , protestation , office. see commons , parliament . the names of speakers . see tables . discharged for sickness , and another chosen , p. , , , , , . taken in execution during the parliaments prorogation , not allowed his priviledge , and another elected● p. , , . during the parliament , he generally moved the king to pardo● such , who , the last parliament , were unjustly condemned , and was willed to make special bills thereof , whi●h was done : p. , . he requireth confirmation o● the commons li●erties and priviledges , that they may send for their bills to the lords at any time , to amend them , that his protestation might be entered : and make sundry other reques●s , motions : p. , , , , , presents a bill against wide combe , and prays judgement against him : p. . the debates of the commoners not to be disclosed to the king before a determination , and that by the mouth of the speaker : p. . he demands certain knowledge of the councils names , recommends to the king , the person of the queen , prince , and other his sons , and prayeth their advancement : p. , . r●quireth of the king in the commons name , to know his meaning touching an article made the last parliament ; which he thereupon explained : p. . commends in the commons house , the duke of bedford , beseeching the king he may attend about his person : p. . speedy justice to be done : p . speedy aid to be granted : p. , , , , . speedy trial of felons : p. . spoyls and plunders in wars , that every man may have his action for them : p. , . spices to be garbled : p. . spies : aliens such : p. , , , . spiritual court and jurisdiction , what things belongs to it , and where a prohibition or consultation lie , &c p. , , , , , ● , , , . see clergy , ordinary , prohibition , tythes . stanneries : the oppressions of its officers complained against , and charter of liberties explained : p , , . staple : acts , ordinances , concerning it : the major , officers of it , staple wares ; and removing it from one place to another , both in england and beyond the seas : with all matters concerning it and staple wares : p. , , , , , , , , , , , , , , , , , , . , , , , , , , , , , , , , , , , , , , , , ● , , , ● , , , , , , , , , , , , , . statutes printed in statute-books , not extant in the record and statute-rolls : p. , , , , , , , , , , , , , , , , , . statutes printed contrary to the record : p. . statutes printed varying from the record and statute-roll in substance , omitting some things in it , or adding to it : p. , , ● , ● ● , , , , , , , , , , , , , , , , , , , , , , , , , , ● , , , , , , , , . statutes printed varying from the record in form : p. ● , , , , , ● , , , , , , , , , , , , , , , , , , ● , , , ● , ● , , , , , , , , , , , , , , , , , , , , , , , . statutes and acts of parliament , how and by whom made . that of e. . stat . in the print , concerning the subsidy : sundry bishops , lords , and commons were appointed to sit daily , till they had reduced the grant of it into the f●rm of a statute● which being done , it was agreed by the king and the whole estates : p. . the petitions and articles of the lords and commons , and were then made into statutes , exemplified under the great seal , and delivered to the lords and commons : p. . the articles that were made in the parliament of e. . being reasonable , and others agreed in parliament of e. . shall be made into statutes by advice of the justices : p. . it is agreed by the king , earls , barons , justices , and other wise-men , that the petitions of the commons there mentioned , be made in sufficient form of law : p. . the commons petition for a law against provisions from rome , and that the same be reduced into a statute perpetually to indure , as often hath been desired : it seems to the council fit to be done , if it please the king by assent of th● great men to command the commons be●ore him in parliament , to advise him what they think best to be done ; whereupon they declared their advise to ●he king an● great men by a b●●l : p. . the commons pray the petitions delivered by them in the last parliament , wher●un●o the king and lords had agreed , may be kept and not altered by any new coloured bill or practice . the king by assent of the lords made an●wer , that laws and proces● heretofore u●ed , could not be altered wi●hout making a new statute , which as yet they could not alter , but shortly would : p . the ●ommons pray that their p●ti●ion● in e. to which the king's answer was , the king w●ll●th the same : to be made into acts ; for that some affirm them to be but ordinances and not acts. the answ●r is , it is in part done , and the rest the king w●ll do according to reason : p. . the commons pray that answer re●sonably may be given to all their petitions ; and that statutes be thereupon made before the departure of every parli●ment : ans. to such bills as remedy cannot any wayes be had but in parliament , reasonable answer be made before such departure , p. . it s enacted that all judgement● , ordinances , declarations , establishments of the parliament of r. shall continue as statutes : p. . some acts mad● by the king and lords without the commons : p. . by the king , temporal lord● and commons , without the spiritual lords ●u●l assent : p. . judgements of parliament appertain to the king and lords unless of statutes , grants of su●sidies , or such-like , wherein they have their voice and assent : p. . a statu●e made against preachers revoked , b●cau●e the commons assented not to it : p. an o●th not to repeal or consent to repeal any acts , ordinances or statutes made in parliament : p. , , , . yet they and this act were repealed soon after : p. . publick statutes not to be altered upon any private case or petition : p. . obscu●e statutes ought to be explained by parliament : p. , , . ill reformed , and good ones made : p. . statutes and laws formerly-made and in force , confirmed ; ordered to be kept , executed : p. , , , , , , , , , , , , , , , , , , , . see magna charta . statutes repe●●ed : p. , , , , , , , , , . statute of winchester to be executed , p. , ● st●tute of northampton : p. , stat. of west . . p. . stat. de religiosis : p. . articuli cleri : p. . see bill , statute merchants : matters concerning them : p. , , , . sterling castle fortified : p. , . steward of the kings house , sir ioh. lee , ( omitted in the catalogue of stewards : e. . p. , . n. . the abuse of his power , in committing many , suing them for things out of the verge , complain●d against ; he censured for it : ibid. sir thomas sercy another ( omitted ) r . p. . n. . to make no other process then in the time of ed. . and limited by the statute ther●in pro●ided : p. , , . to hold his sessions within three miles of the kings presen●e , as hath been accustomed : p. . to make redres , in th● abuse of carriages for the king : p. . inquiry by him of escapes out of ●hurchyards , complained of : p. . sir richard le scroop , steward of the kings house , appointed by the lords to interrogate , charge william de weston and gominezy for surrendring forreign castles to the enemy : p. , . to be chosen by the lords in parliament during the king's minority : p. . such clergy-men as are grieved by arrest into the marshalsey , to complain to him , and they s●all have remedy : p. . to be one of the kings council , and his name made known to the commons in parliamen● : p. , . to warn the aliens in the kings court , to depart the realm : p. earl of nottingham made steward and marshal of ●he kings houshold : p. , . those who do any service at the coronation to appear before him : p. . the knights and burgesses of parliament called in chancery by name before him and the chancellor , p. , . scots , prisoners committed to him , p. . sworn to do nothing against the common law , &c. he and the treasurer have full power to discharge the servants and officers of the kings house for their misdemeanors , p. . an act touching him , p. . earl of devonshire accused and acquitted of treason by his peers , before the steward of england for the time being . p. . see marshal , p. . stewards of kings courts to admit counsel brought before them , p. . steirs , p. , . stocks , p. . strangers not to sell by retail in corporations , &c. p. , , , . see aliens . subpoena's out of the chancery and exchequer , to be controlled and not granted , if matters determinable at the common law p. . an act touching sureties upon such writs , p. . subsidies granted after petitions answered , p. , , . to be granted before the pardon or petitions answered , p. , , , , , . see taxes . suggestions , none to be taken or imprisoned for them , p. , . all suggestions to be put into pardons , p. . an act touching them p. , , . none to be called into the exchequer without process upon suggestions , contrary to the statute , p. . no man to be put out of his freehold upon letter patents granted by suggestions , unless the same be found for the king on inquest , &c. p. . plaintiffs sworn by themselves , and others of good fame , that their suggestions are true in all points , p. . none to be kept from justice by writ or any other means obtained by suggestions from the king , under pain of l. p. . none to appear in any court upon them ; and if any appear and disprove such suggestion , that he recover his damages , and the suggestor to be imprisoned and fined , p. . supersedeas to commissions of array and others that are illegal● and to other proceedings , granted , p. , , , , , , , , , , . william duke of suffolk his protestation , articles of impeachment , answer , censure , p. , to . sureties for the peace . see peace . for accountants , p. . for the good behaviour in parliament , p. , , , , , , . for prisoners of war , p. . upon a subpoena p . upon traverses and inquests of office , for merchants aliens , and others , p. , , , , , , , , , , , , , , , , , . surry and sussex , p. , . surrender , p. . swannymite-courts to be kept but once a yeer ; and no freemen then officers of the forrest , distrained to attend them , p. . symony of the pope and clergy occasion it in the lay-patrons , p. , . sym-monastery erected , incorporated , endowed , confirmed , p. , , , , , . t tail : the crown intailed . p. , , , , , , . honors , p. . see earls , dukes . lands intailed ; where forfeited for treason ; when not , but restored , because intailed after an attainder , p. , , , , , , , , , , , , , , , , , . how tenant in tayl may alien , p. . sir thomas talbot adjudged a traytor , process against him , p. , , . tallies : debts by them allowed , discharge by tally , and matters concerning them , p. , , , , , . tallow : a petition that every man might transport it to what place he pleaseth , denied , p. . tanners : petitions , acts concerning them● p. , , . taverners : no major , bayliff or sergeant to be a taverner during their offices , p. . leets not to inquire of them , being no article of them● p. ● . taunton to be paved , p. . taxes , subsidies , tenths , aids , tonnage , poundage granted to the king in and by parliament for publick defence against the enemy : one tenth and fifteenth toward the wars with scotland , p. , . the tenth shaif wool and lamb granted by the lords for two yeers , p. . sacks of wool by the commons , p. . the ninth of grain , wooll and lamb for two yeers , the ninth of all townsmens goods , a fifteenth of such as dwell in forrests and wastes , p. , , , , , , . sacks of wooll let at undervalues to be paid out of the next yeers subsidy , p. , , , . a subsidy of s. upon every sack of wooll , above the old custom granted , p. , , . a triennial tenth granted by the clergy , two fifteens of counties , and two tenths of cities granted by the commons , p. . two fifteens in two yeers , p. . three fifteens in three yeers upon conditions , p. . one fifteen granted , p , . the subsidy of wooll granted for three yeers , to be whoolly imployed on the wars , p. . of wooll for six yeers , p. . after the petitions answered , the subsidy of woolls , woolfells and skins was granted by the lords & commons for three yeers . p. , . the subsidy of woolls , viz. ● . d. of every sack of wool , wool-fels , and every last of skins l. above the old custom of s. paid for every sack of wool , and so much of every twenty dozen of fells , and s. d. of every last of skins granted for ●wo yeers p. . a subsidy granted for three yeers of denizens for every sack of wooll ● dozen of fells , s. d. of aliens s. d. a piece . of every last of skins l. of aliens l. s. d. above the old customs , p. . the like subsidy granted for three yeers , p. , . a subsidy of l. granted to be levied , viz. of every parish , l. s. d. and the great parishes to contribute proportionable to the less : which amounting not to the sum , they grant l. s. of every parish-church assessed within the realm , p. ● . two fifteens granted to be paid in two yeers with tonnage and poundage , p. . poll-money granted p. , . two fifteens and two tenths granted out of cities and boroughs , the fifteenth of all lands , and tenth of all manner of goods granted , with the subsidy of wools , p. . a subsidy of wools and poll-money , p. . denied at first but at last granted , with the subsidy of wools and staple wares with an increase of s. d. on woolls , woolfels , and s. d. on every last of skins , p. , , . the like granted for a yeer , and one fifteen and half out of cities and towns by way of loan , p. , . a subsidy granted on wools , &c. and staple commodities in sundry proportions , for guarding the seas , p. , , , , , , , . for life p. . for three yeers p. , , , , , . for four yeers . p. . for two yeers , p. , . for four yeers p. . for life , p. . one fifteen & tenth , p. , , . one dism and half , and one fifteen & half p. . one dism and half , p. , . half a dism and half fifteen p. , . two disms , p. . , , , , . , , . , , , , , , . . subsidies granted upon condition , that the maltot upon wools be revoked , and this grant not turned into a custom : p. . upon condition expressed in a pair of indentures● p. . upon condition the king grant the things in their petitions contended in the schedula : and that all things in the statute wherein the ninths are granted , be kept ; else they think themselves not bound to pay any thing . if the king grant the things in their petitions , they will then make him reasonable answer : p. , . the conditions exemplified under the great-seal delivered to the lords and commons : p. . two fifteens in five yeers ; if the wars cease , then the last fifteen to cease : p. . three fifteens granted in three yeers , so as the subsidies on wooll might cease , and the prisoners of scotland then taken , be not delivered , and if the wars cease within three yeers , that the grant cease : p. . subsidy of woolls granted for six yeers , so as no other aid or imposition be laid upon the commons : p. . subsidies granted for two yeers upon condition to cease if the wars cease : p. , . a subsidy granted on woolls for one yeer longer , and pol-money , so as the king shall ease them of the subsidy on the staple wares , and poundage , granted : p. . the subsidy of woolls , wool-fels and skins granted the king for a yeer , upon condition no other subsidy be demanded of the commons : p. . a subsidy of staple wares granted for four yeers , to be imployed in the wars , and that the king will do according to the advice of his council : and if any truce be made , the profits of it to be laid up for ease of the commons : p. . tonnage and poundage granted , on condition that the clergy shall grant the like for their parts ; and all estates contribute thereto : p. , . two fifteenths granted conditionally , that the moity of the former fifteen granted , may cease ; and so , as if the king go not in person , or peace be taken , the last fifteen to cease : p. , . no part of the subsidie to be otherwise disposed then limitted : p. , . granted upon condition the lords appellants may first be paid the l. laid out towards their charges : p. , . subsidie on staple wares , &c. upon condition the staple be removed from calice into england , and there continue : p. . for three yeers , on condition the same shall cease , if the peace be made with france : p. . subsidy . tonnage , tenths , on condition the same should be imployed onely on the wars , according to the order taken by the oversight of the treasurers , p. , . upon condition by the king , that for two yeers ensuing he will require no other subsidy or charge of his subjects : p. . granted , so as express mention b● made , provided of their own good wills : whereof they gave l. to the king to dispose of at his pleasure : p. . tonnage and poundage ; so as the same should be expressed , to proceed of their own good will , and not of duty : p. . for four yeers upon sundry conditions : p. . upon condition that aliens should hardly be looked into : p. . to be paid simply notwithstanding any condition by the lords common assent : p. . ninths and tenths not to be paid otherwise then upon conditions , and in the mane● they were granted , p. , . the fifteens in towns and ancient d●meines to be levied without increase as in counties , and according to the accustomed use p. . the fifteens beyond trent to be imployed only on the defence of the north p. . vexing of collectors of subsidies , after accounts passed of the subsidies collected by barrecters complained of , p. . . divers aids granted to the king for maintenance of his wars , to the intent they should be wholly for his profit , yet abused by merchants , and farmers of them p. , . that the subsidy of woolls for every sack might cease , denied , because granted to the king for a time yet enduring , p. . subsidy of woolls pardoned , p. . the kings great thanks given to the whole estates for their aids , p. , . see king. an account of the aids and subsidies demanded , p. , . the commons pray ease from their importables taxes to the wars , p. . no impositions on wools , &c. but by parliament , p. , ( e. . c. . ) , . justices , lawyers , sergeants , who be in london about their occasions , and keep not continual residence there , not to contribute to taxes in it , for any there goods their remaining p. . the commons durst not grant a tax by reason of the peoples evils wills , will be advised touching the continuance of the subsidy on staple wares , wools , &c. p. . the custom of woolls interrupted , intermitted for a season , lest the king should claim it of right and custom , p. , , . exacting subsidies in times of peace to the peoples oppression , and wasting the same , an article against r. . p. , . the commons to have an assent in all subsidies , p. . an act for the subsidy of keirsies p. . the commons offer their granted subsidies at the mass , p. . italian merchants to pay but four marks subsidy , p. , . a pardon of s. d. of every sack of wooll , and so proportionably of the staple commodities of the subsidy , granted p . displeasure between the lords and commons ●bout disclosing the debates of the subsidy sundry times to the king before concluded of , p . the subsidy and custome of wools &c. came to l. above poundage , tonnage . alnage p. . custom of cloth and remnants of cloth p. . the commons by assent of the lords , appoint the disms fifteens granted by the former parliament should be paid sooner then ●●mitted , p. , . merchants strangers to pay only s. d. subsidy for every sack of wool , notwithstanding the grant made in h. . p. a subsidy of s. d. of every parish church s. d. of every person holding by a knights fee & for every nobles of land , p. . no subsidy to be paid for lambs wool & scalding , but only poundage p. . of every knights fee s. and l lands● s. and so pro rata , p. . the king for certain doubts utterly releaseth the subsidy granted the former parliament , so as there be no mention made thereof , p. . every one that hath thy lands ; annuities , fee , or office above ●ive pounds the year , to pay six pence the pound upon oath , p . a subsidy and poll-money on aliens only , p . the fourth part of the dism and fifteen paid to the treasurer of the king● household , to make ready pay for his purveyance ● . a subsidy on lands free or copy , officers , annuities from twenty shillings to twenty pound● ● . the pound and twelve pence on every pound above twenty pounds per annum , p : devises and orders for altering the payment of the subsidy granted the parliament before , p . a subsidy on denizens , poll-money on aliens , p . a grant of twenty thousand archers for half a year ; . of them released , and the rest , for a sum of mony granted , p . loans paid out of subsidies , p . see loans● a subsidy of l. granted ; the king releaseth l. of it , the rest to be levied in manner of a fifteen , p : the commons grant archers to serve at their costs one year ; the lords spiritual and temporal by themselves the tenth part of one whole years revenue of their possession , p . a subsidy mis-entred in the roll aba●ed p 〈…〉 the levying of it on some places respited , p , , , . released , p , . . tonnage and poundage , e . it was ordered without the commons , that for the keeping of the realm , and safe-conduct of ships , there should be taken upon every sack of wooll passing the seas two shillings ; upon every tun of wine two shillings ; and upon every pound of merchandise brought into the realm six pence , to continue till march then ensuing , which was still continued after : the commons pray it may cease ; upon which all was laid down but two shillings upon every sack of wooll to endure till easter next , p , . this was the original of tonnage and poundage . it was ordained by the king , peers and prelates , by the assent of the merchants , who were slain and robbed on the sea , that all woolls which should pass to the staple should pay twelve pence upon every sack for safe conduct , p . this was prayed to cease , but denied , p . which grew soon after to be a custom called tonnage and poundage , ibid. a grant of 〈◊〉 pence upon every pound of merchandise imported or exported , except of woolls , wooll-fells , skin● for two years ; to be imployed in the war● , to cease if the wars ceased , p . the like , p , , . six pence granted for every tun 〈◊〉 of every ship , vessel , bo●t passing the north-seas , except vessels from flanders to be discharged at london , and ships l●den with staple-wines to calice , for safe-conduct ; and they not to be safe conducted without consideration . rec●ivers , controllers , and leviers of it appointed , p , . tonnage , poundage , and a subsidy granted for guarding the seas , p . the king hath six pence a pound to guard the sea , and two shillings of every tun of wine , p , , . but six pence on every tun of wine granted , p . prizes of wines to pay twenty pence for every tun , and ten pence for every pipe , p● ● . for three years six pence for every pound of merchandise , and one shilling six pence of every tun of wine , p . the same for five years , p . of every tun of wine two shillings , and eight pence of every pound of merchandise , p , . for three years three shillings for every tun of wine , and twelve pence of every pound of merchandise , p ● , . the same for two years p . for one year of their own good will , not duty , p . for four years upon conditions , p . for two years , p , . for one year , p , . for two years , p , . till the next parliament only , p . for two years , p . for one year , p . for two years , p . . for five years of all merchants , as well those of hanns as others , and three shillings tonnage of aliens , p . tonnage and poundage during the kings life , p● ● . for three years to guard the seas , p . tonnage , poundage , with the subsidy of woolls and staple commodities granted to ed. . for life , p , . the king releaseth the impost of six pence the pound set on every merchant-stranger , p , . tonnage released to venice merchants , p ● . taxes , impositions , customs , exactions , laid or levied on , or exacted from the subjects without their common consent in parliament , by the king , his council , officers , or the merchants with the kings and lords assents without the commons , complained against as illegal , and condemned , suppressed as such by parliaments , special acts against them , p . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . see impositions , subsidies , commons , parliament , customers , collectors , accounts , merchants . tenures , and matters concerning them p . . . . . . . . . temporalties of the provost of wells restored , p . of the bishop of winchester seised , p : of the bishop of durham granted to the use of the bishop elect , p . of the bishoprick of london during the vacancie , granted to the dean and chapter of paul● , rendring one thousand pounds per annum to the king , p . tese river , p . thames river , order for removing the obstructions , nusances in it , and matters concerning it , with the mayor of london , and others jurisdiction in its custody , and fishing , p , , , , , , , , , , , , , . thanksgiving for victories , p . thanks given by the king for aids &c. to the lords and commons , and their thanks to him ; see king , lords , commons . thieves , robbers , no great men to retain or maintain them ; see maintenance . to come to speedy deliverance , p . william thorpe chief justice , his judgment of death for bribery , confirmed by parliament , p , . thrums , acts concerning them , p , . timber to be delivered to fortifie south-hampton , p . purveyors to fell no timber-trees about any mans house , p , . tin , matters concerning its preemption , monopoly , exportation , p , , , , . tinners , the declaration of their charter and liberties , p : see stanneries . tythes of underwood , silva cedua , petitions and answers concerning them , and prohibitions in this case , p , , , , , , , , , , , , , , , , . , . a petition that no tythe be paid of sea-coal : it shall be as heretofore , p . of slates , stones digged out of quarries where tythes used to be paid , else no● , p , . remedy prayed against persons claiming tythes of meadows , or wasts newly sown , p . tythes of meadow recovered in the arches against the tenants of the abbey of ramsey resolved by the lords and judges in parliament . that no prohibition may in this case stay the suit , p . tividale , the commons of it , secular , and religious , pray restitution of their lands given to the enemies , p . tolls , iersey and garnsey exempted from them , p . tonbridge castle held of the archbishop of canterbury in chief , and shall not be in ward to the king , p . tower of london , prisoners committed to it by order of the king , councel , parliament , p , , , , , , , , , , , , , , . the constable in it to bring forth thence , and help to execute traitors , p . , , , . complaints against his taking of oysters , wine and other things as prizage coming by water . p . to help remove the obstructions in the thames , p . the mint and exchange in it , and gold to be brought to it , &c. p , , , , , . king richard . imprisoned , resigneth his crown in it , &c. p , , , . a complaint for imprisonment in it by conspiracie , p . traverse , see inquests , officer . trailebastons , petitions against them , and for their suspension , p , , ● , , . traicors , and treason . the murther of edw. . after his deposing , treason , p . , . endeavouring to restore him and king richard the . after their deposing , adhering to them , reputed treason , p , , , , , , , accroachment of royal power . treason , p , , , , . actual in●urrection , and levying war against the king , treason , p , , , , , , , , . , , , , , , . procuring a commission in parliament , and executing it in derogation of the kings royal power , treason , p , . see commission . intending to depose the king , treason , p ● , , , . surrendring up homage and allegiance to the king by peers and subjects , treason , p , . to compasse the kings death , or attempt , conspire to kill him treason , p , . killing a forreign ambassador treason , p . burning of houses , treason p . . breaking of prison upon a commitment for it● treason , p , . clipping , washing , coyning , and uttering false money , treason , p . , ● exhibiting a scandalous bill against the king in parliament , p , . the judgement thereof reversed , p . see haxey . to seek to repeal acts made , or judgments given in parliament , made treason , p , . to render the kings castles by corruption , treachery , or cowardize to the enemies before extremity , p , , , , , , , . in keeping a castle against the king , and not surrendring it to him upon proclamation to do i● , p , . in rebels not submitting to the king by a day upon proclamation , p ● , . murdering the earl of kent , treason , p , . of the duke of glocester at callis . p , . conspiring the death of the duke of lancaster , p ; , . conspiring the duke of yorks death , after declared right heir to the crown , p . for murdering the said duke , and attainders for it , p . b●ingers in of popes bulls , moved to be traitors , p . not to appear upon proclamations by parliament upon impeachments , there made treason , p ● , , , , . see parliament , proclamation . trials , attainders , judgements of traitors , and treasons in and by parliament , p , , , , to , , . , , , , , , , ● . the lords judges of and in treason , p , , , , , , , , to , , , . see lords , parliament . the lords in parliament declare and judge what is treason , what not , p , , . treason , by accroachment of royal power , prayed to be declared in certain by parliament , and not left to the judges determination , p . clergy , or sanctuary not to be allowed therein ; see those titles . lords lose the forfeiture of their tenants in treason , p . trial of it before the high steward , and acquital , p . sir ralph ferrers tryed and acquitted of it in parliament by the lords , p , . so the earl of northumberland , p , . forfeiture of lands in fee , and in tail ( sometimes estate real , personal ) wives dowers , for treason , p . . . . . . to . . . . . . . . . . see dower● bishops not to be present in parliament in cases of treason , and therefore appoint a lay-proxy , p , . judgments of treasons reversed in parliament , and thereupon the heirs restored to blood , lands by parliament , p , , , , , , , , , , . see parliament , restitution . treason pardoned for a fine , p , , , . see pardon . judgment of hanging , drawing , quartering● beheading in treason , p , , , , , , , , . queen dowager accused of treason , and her sureties , lands , goods seised thereupon , p . a pardon reversed , pleaded and insisted on in it ; therefore judgment given against him that pleaded it , p , . condemnation of treason in parli●ment , and forfeiture of lands , goods after death , p , , . treason against k. h. . tryed , and the traitor executed for prison-breach under h. . p. . treason done , beyond seas to be tried before the constable and marshal ; but all others at and by the common-law and justices , p , , , , . an act touching inquiries of treason for coining , p . nisi prius not allowed in it after issue joined , p . a peer slandered of treason by the commons , requires ●eparation , and is assoiled by them . reports to s●e the nobles at debate , no better then treason , p . the statute of e : of treasons explained by the lords ( as judges ) in parliament , p . such as rob any church moved to be declared a traitor , and b●rned for it , but rejected , p ● treasure , complaints● acts against its transportation , p . . se● mony treasure trove , pardon ●ard for it● p . treasury●or ●or records , p , ● see records . treasurers of wars appointed by parliament to receive and dispose of subsidies , tonnage and poundage granted● sworne , called to an account , which they give in parliament ; discharged , p . . . . . . . . . . . . . . . ● . . . . . treasurer of england ; see the catalogue of them , table . refuseth to be sworne , p . one of the peers and great officers , . . . . . one of the privy-council , p . to appoint fees for justices of peace , p . one to receive the accounts of collectors of woolls and subsidies , p . matters referred to him upon petitions in parliament , p . . . one to hear errors in judgments in the exchequer , p . to take order to pay poor creditors , p . . to discharge sheriffs of what they cannot levy , p . to consider of the compositions offered for aulnage , p . one of the governors of merchants aliens , p . to end all matters belonging to his office , p ● ● his private le●ter not to stay any mans payment by p●ivy-seal , p . to receive the subsidy granted for the use of the wars , p , . to give allow●nce for repairing a gaol decayed , p . to be chosen by the lords during the king● minority , p . declareth the kings want of monies , and toxeth the commons with an ●ntruth , p . one to remove the poorer sort of justices , p . to be a m●st wise and able man , p . one to view the statu●es of the kings house yea●ly , and see them duly observed , p● ● . he resignes 〈◊〉 his office and the key of the exchequer to the king in parliament . requires any one might freely complain of any thing unduly done by him ; is justified by the commons , and restored , p . he and the steward have full power to discharge the officers of the kings houshold for misdemeanors , p . to remedy the complaints against pur●eyors , p . to have a key to the king● receit , and sworn to make none privy to it but the council , p● ● . . ordered to stay in his hands l. to find the kings house , p . gives a particular of the kings charges and revenues to the parl● warrants come to him for above two years payment , and what order to take therein , p . no grant to pass the king without his knowledge , ibid. authority given him to pay monies to partciular persons . p . and soldiers wages at calice , p . the revenues of the dutchy of lancaster to be paid to him , p , . the mony of the tenths granted by the lords to be paid to him , p . treasurer of the kings houshold alloted monies for its expences , p● ● . treaty by commissioners with the scots ambassadors to conclude a peace , p . of the english with the french , p . transportation ; see corn , victuals , merchants . trent river , p . trespass by clergy-men against purveyors for purveyance on them , p . trial , of villenage , and other things , actions to be in their proper , not forein counties ; and matters concerning trials in our puny courts , p. , , , , , , , , , , , , , , , . truces made , approved , confirmed by parl. matters concerning them , and acts of hostily done in them , p. , , , , , , , , , , , , , , , , , . imprisonment for taking a french ship in time of truce and satisfaction given , p. . truce-breakers , an act for processe against them , p. . , . tumults suppression , p. , . see riots . tyle , an act concerning it , p. . tyrant common ; the king bound in conscience to help vanquish him , and subjects to aid him therein , p. . tyranny of the prelates against the lollards , p. . a good decription of it , and a tyrant , p. , . v. vagabonds . see beggars . variance of the return and writ , p. . of the record from the church , recovered in a quare impedit , for which it is reversed , p. . venire facias , p. . . verdict , p. . verge , p. , , , . see marshal . vexations of accountants and others complained of , p. , , , , , . vicars , appropriation made without vicar or vicaridge , p. . vicars to be endowed within months , upon all appropriations , p. . the appropriation of vicaridges in cornwall petitioned against , p. . victories mentioned , and thanks to god for them , p. , , , , , , , , , , . victuals , provided for garrisons and the navy , p. , , , , , . see navy . victuals , victua●lers , and matters concerning them , their transportation , regulation , prices , forestalling , &c. p. , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , . villanies , villain tenure , villenage , matters concerning them , their trial , manumission , &c. p. , , , , , , , , , , , . universities , matters concerning them p. , , , , , , , , , . see oxford , cambridge . unity , union , concord ought to be , and endevoured amongst the members , houses of parl. people , kingdom , p. , , , , . visue , p. . voucher , p. . vphaven prior and prebend , . usurpation of the crown by h. . p. . the whole estate in a manner subverted by usurpation , p. . usurers , and usury ; punished by the justices , p. . punishable by the ordinaries in spiritual courts , whiles living , p. , , . every one that is attainted for a broaker of usury to forfeit all his goods , moved , p. . the king will have the punishment of dead usurers , p. , , . complaint against lumbards as maintainers of usury , p. an order made in london against the ho●rible vice of vsury , prayed to be observed throughout the realm , p. , . remedy against vsury and vsurers , prayed by bill , p. . any man grieved by vsury upon account , trespass , extortion , &c. the law of the realm shall punish it , p. , . this horrible vice of vsury practised as well by the clergy as laity , p. . w. wager of law : in other courts , but not in the exchequer ; where the king is party ; not in other sutes , p. . an act concerning it , p. . prayed in all personal actions , and that thereby the plaintiff might be non-sute : but denied , p. . by religious persons , and non-sute thereupon , p. . wages of knights . see knights of shires : of servants , labourers , priests , mariners , souldiers , archers ; regulating their excesses ; order for due payment thereof ; and acts , motions concerning them . see those titles , and p. , , , , , , , , , , , , , , , , , , , , , , , , , . of masters of ships , and from what time to be paid , p. , . wales : prince of wales ; his manner of creation , lands , revenues , and matters concerning him , as prince thereof , duke of cornwall , earl of chester , &c. s●e p. , , , , , , , , , , , , , , , , , , , , . see the . table . not sworn as a privy counsellor for his dignity , p. . wales , matters , acts concerning it , and its government , p. , , , , , , , , , , , , , , , , , , . president of wales , p. . wales marches of it , and lords marchers , matters , acts concerning them and their defence , p. , , , , , , , , , , . wapentakes , matters concerning them , and attornies in them . p. , , . warre , the subject wasted , s●oyled , impoverished , undone by it , p. , , , , , . advised of , resolved , concluded in and by parliaments , together with the best means to manage it when invasive or defensive : an invasive resolved better than defensive ; matters , advise concerning it , both at home and abroad ; aids , subsidies granted to be wholly imployed on the wars , p. , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , . see parliament● kingdoms , defence , taxes . wards , wardships , matters concerning them , collusions in them , their grants , to the next of kin , mariage , liveries , proof of full age , &c. p. . , , , , , , , , , , , , , . a ward restored to li●ery of his lands , as of full age ; adjudged under age by inspection in parliament , and the land and wardship reseised , p. . see collusion , inspection , livery ouster le main . warden of the cinqueports , p. . see the catalogue of them , and their summons to parl. table . warden of the north marches , p. . . see marchers . warrants for letters patents , p. . warranty , p. , , . warren free of the earl arundel in sussex complained against , p. , . wards , watches , p. , . waste to be surveyed , punished , &c. p. , , , , , . waterbaily of the thames , p. ● . watermen , p . waxchandlers , p. . wears in navigable rivers to be removed● p. , . see nusances . weavers of london , their petition and charter , p. , . weighers , and weighing of wools and other things , p. , , , , , . weight isle , with the inhabitants of it respited payment of the aid granted during the warrs , p. . the sheriff of southampton to muster the inhabitants , and chuse a keeper of it , till further order , p. , deserted by most of the inhabitants , through losses by enemies and taxes , p. . invaded by the du. of orleance , french , repulsed thence , p. . weights , petitions , matters , acts concerning them , p. , , , , , , , , , , , , , , , , , . wells , the temporalties of the provost restored , p. . welshmen , their insurrections , rebellions , murders , robberies , felonies , misdemeanors , distresses complained of , petitions , acts , orders for their suppresston , p. , , , , , , , , , , , , , , , ● , , , , , , , , , . not to have or keep any castles , bear any office in wales , , , . not to be made denizens in england , p. . removed from the kings person and court p. . not to purchase lands between the river of severn and wales , p. : to find sureties for the peace , and good behaviour , p. , . their goods to be arres●ed by englishmen , whose goods are there wrongfully detained , and not delivered within . dayes after mean● made , p. . no welshman to go armed , p. . no victuals or armor to be carried to them . p. . not to receive any malefactor , nor yet stranger for above one night , unless they will answer for him , p. . the next of kin to bring forth the offenders , p. , . their forts and towns to be stored with englishmen , p. . no english to marry with any of the kin of owen glendor p. ● . no welshmen to be suffered to go ●o rome , prayed , p . their fines and ransomes to be imployed towards the wars with them , p. . to be deemed traytors if they yield not themselves and a castle held by them , p. . some indenized by special letters patents confirmed by parl. p. , , , , , . a welshman made a denizen , so as he marry no welshwoman , nor bear any office in wales , p. . the undue acquittal of some welshmen at an assizes ordered to be void , p. . west hatch , charged with a tenth by a mistake , p. . william de weston his case and sentence , p. , . widdows , dowagers of the king , where he shall have their forfeiture , p. . must have licens to marry , p. . and take an oath not to marry without the kings consents , p. . see p. . vvinchester , the mayor and commonalties petition to have their liberties confirmed , and a murage granted , p. . their license to purchase l : a year , p. . winchelsey , the navy to ride there , p. . remedy prayed against its spoils , and burning by sudden invasions of the enemy , p. . the bayliwick of it granted for life , p. . windsor castle , prayed to be repaired by the king , p. . the dean and chapter there , incorporated , p. . wines , acts concerning them , their making , shipping , importation , prizes , sale , &c. p. ● , , , , , , , , , , , , , , , , , , , , , , , , , , , . what tonnage was granted on them . see taxes , tonnage . whittington colledge charter , confirmed , p. . women , not to maintain or pursue any thing by maintenance in the kings court under pain of banishment , p. . wools , orders , acts , petitions concerning their staple , sale , passage , weight prices , customes , grant or loane of them to the king , &c. p. , , , , , , , , , , , , , , , , , , , , , , , , ● , , , , , , , ● , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , . see staple , merchants . the subsidies , customs imposed upon wools from time to time : see customs , taxes . wotton under edge , a qu : impedit for the church of it , p. . worcester , an act concerning its town and castle , p. . complaint against taxes there imposed , upon wares and victuals passing severn , p. . worsteds , acts and motions concerning them and their ordering , p. , , , , , , . see norwich . wreck , p. . writs of summons to parl. to the spiritual and temporal lords , p. , , . see parliament . of re-summons to parl. upon adjournments or prorogations , p. . for the wages of knights and burgesses , p. , , , , , , , . see knights . writs out of chancery moved to be granted without fine ; but the king will not part with such a profit , but referr● it to the chancellor to moderate the fines , p. , , , , , , , , , . a writ to deliver over the body of a prisoner to commissioners , p. . to be directed to the bishop in case of clerks p. . out of chancery for purlews , p. , . of possession , p. . see subpaena , habeas corpus . y. yarmouth , a clause in its charter tending to a monopoly , revoked ; it s other liberties confirmed , the poor men● complaint thereof against the rich : the controversie between great and little yarmouth , p. , , , , , , , , , , , . yarn , acts against its exportation , p. , , . york , their merchants goods seised in holland for the kings debts , and petition thereupon , p. . a riot about electing a mayor there , an order for the punishing thereof , removing the mayor unduly elected , and setling the other ejected , p. . a pardon of all treasons , felonies , &c. granted to it for the ●ine of l. p. ● . the king and q●een desired to approach to it , in regard of the wars with scotland , p. . the parliament adjourned thither , and a writ to the mayor thereof : p. . a mint there , p. . letters patents to it confirmed by an act , p. . york archbishop of it ; difference between him and canterbury about cross-bearing , p. , . attainted of treason , p. . his liberties confirmed , p. . york , richard duke thereof , made protector , p. , , . attainted of treason , p. , . his claim and title to the crown , and lords award thereupon between him and king h. . p. , , . slain , p. . edward duke of york made and declared king p. , . see table . ypre , p. . courteous reader , the table of the principal matters in this abridgment , will serve not only as a ready - index to point thee to all things of special note comprised in it : but likewise as a general repertory to all the records at large therein abbreviated , for a common place book or treatise to many of the heads of most publike concernment therein specified : especially to those of chancellor , commons house , council , customs , impositions , iustices , king , lords , marshal , marshal law , necessity , parliaments , pope , queen , statutes , taxes , tonnage , poundage , statutes , treason , and some others ; which thou shalt hardly meet with in any law-books , or other printed authors ; and will also mind thee of many things of moment , which otherwise thou wouldest have taken little notice of in the perusal of this abridgement . the labor in digesting it was the publishers alone , who desires the delight , profit of this and the other tables may be thine ; and prayes thee to correct these few errataes , which through hast have escaped in some of the printed copies . errataes . in the preface , page . line . r. summons ; l. . dele that ; p. . l. , who , which ; p. . l. . concluded ; p. . l. . r. h. . p. . l. . subjoyn , l. . prolocutor , proctor ; p. . l. . r. h. . in the abridgment , p. . l. . r. faits ; l. . on , ou ; p. . l. . colloquium ; l. . impensuri ; p. . l. . record , r. recover ; l. . proved , provided ; l. . names , pains ; p. . l. . dutchy ; p. . l. . defendant , demandant ; p. . l. . c. . r. ; p. . l. . r. not be ; p. . l. . ponthoy ; p. . l. . on , ●u ; p. . l. . r. the fine● for excesse ; p. . l. . chuse , use ; p. . l. . one , out ; p. . l. . dele at ; p. . l. . defrauded , defended ; p. . l. . disseisee ; p. . l. . appeal , repeal● p. . l. . attained , pertained ; p. . l. . contribure , r. be accountable ; l. . r no some ; p. . l. . of dullinger , r. or ballenger ; p. . l. . having , hanging ; p. . l. . protestation , r. protection ; p. . l. . lords , r. king ; p. . l. . chrymenage ; p. . l. . tyrant ; p. . l. . convert , r. subvert ; p. . l. . lancaster , r. glocester ; p. . l. . them , him● p. . l. . tyne ; p. . l. . r. king ; l. . r. e. . p. . l. . of warr ; p. . l. . tenant tenement ; p. . l. . his life . in the margin of the preface , p. . l. . for r. . r. r. ; p. . l. . auctorum , r. actuarium . in the abridgement , p. . l. . treasons , r. trespasse ; p. . l. . cause , cour●●● ; p. . l. . norwich ; p. . l. . churches , r. chancellor ; p. . l. . capit , capias ; p. . l. . & . r. feme-covert ; p. . l. . changed in , r. charged on ; p. . l. . by men , le meere ; p. . l. . william , thomas . the reading of that famous● and learned gentleman , robert callis , serjeant at law , upon the statute of h. . cap. . of sewers . sold by william leake . the reports of sir george crooke knight ; with hands of all the judges thereunto . sold by william leake at the crown in fleetstreet , betwixt the two temple gates , and at grayes inne gate , and lincolns inne gate . finis . notes, typically marginal, from the original text notes for div a -e (a) in the . first parts of my seasonable , legal , historical vindication , & chronological collection of the good old fundamental liberties , rights , laws , &c. of all english freemen . (b) col. . (c) marianus scotus , florentius wigorniensis , mat. westminster . (d) sir henry wotton his aphorisms of education , p. . (e) see summa raymundi , summa angelica , summa rosella , hostiensis summa : & others . [d] see sir henry wottons aphorisms of education , p. . * my plea for the lords : and demurrers to the jews remitter , &c. * h. . [f] institutes , p. . * here p. , . * here p. ● * see my levellers levelled p. , . * instit. f. . instit. p. . . epistle to his th report . (h) here p. . * page . (k) hist. angliae , p. (l) anno . p. . (m) in my irenarchus redivivus , p. . to . (n) in his institut● p. . * institutes c. . p. . [o] see e. . n. , , , &c. e. . part. . n. . e. . n. . e. . n. . e. . n. . e. . n. . e. . n. . &c. [p] see e. . n. . e. . parl. . n. ● e. . n. . e. . n. . and sundry others . see the table . [q] e. . n. , , . r. . n. . . parl. . r. . n. . r. . n. . r. . n. . r. . n. . h. . n. . h. . n. . h. . n. . . h. . n. . h. . n. . [r] h. . n. . h. . n. . h. . n. , , . e. . n. . e. . n. . [s] see the table title , ●●berties , privileges , parliament , great charter , forest. [t] see the table , tit. peace , truce , warr , parliament . [u] see the titles , aid , subsidy , customs , tonnage & poundage . [x] e. . n. . e. . n. . . r. . n. . h. . n. . e. . n. ● . see the table . [y] see the table tit. petitions , great charter , liberties , &c. * mat. paris , p. , . speed , p. . daniel , p. , , . . grafton , p. . h. . c. . r. . c. . h. . c. . † bodin de republ. l. . c. . p. , . * fox acts & mon. vol. . p. ● . lambardi archaion . [z] see e. . n. . to . e. . n. . to . e. . n. . to . e. . n. . to the end , r. . n. , to . the parl. of , & r. . h. . , & h. . , , , & e. . r. . n. , , , . r. . n. . to . r. . . . h. . n. , &c. h. . c. . * see r. . n. . . r. . n. . to ● , , , . * see h. . n. . , , . h. . n. . [a] psal. . . [b] isay . . [c] prov. . . , , . [d] job . . . [e] isay , , . [a] cottoni posthuma london , . p. , , &c. ranulphus glanvil , de legibus & consuetud , regni angliae , prologue , & l. , c. . [b] lib. . cap. . [c] fol. . [d] westm. . c. . cooks instit. p. . e. . c. . [e] claus. h. . m. . cl. e. . dors . . e. . n. . e. . n. . here p. . r. . parl. . n. . e. . f. , . e. . f. . a. e. . . cook . report . f. . instit. f. . anno h. . * eimerus . [f] liber sancti albani , f. . anno h. . (g) charta orig. sub sigillo , anno h. . apud rob. cotton . (h) mat. vvestm . anno . pars . p. . hen. de knyghton , de event . angl. l. . c. . mat. paris , p. . * page . edit . tig : * see claus. h. . m. . dorso . writs to divers lords , quod venirent ad instans parliamentum cum equis & armis , &c. claus. h. . m. . seld●ns titles of hon●ur , p. . * page . (i) londini . p. , . (k) edit . tigur . . p. . londini , . p. . (l) page , , . edit . tigur . (m) page ● . (n) chron. iul : bromton , col . . d● . usher , de success . & s●at . ecclesiae , p. . sir iohn davis reports p. . cooks instit. p. , . (o) mat. paris , p. , . (p) mat. paris , auctorum addi●tament . p. . * mat. paris , p. , . (q) see cambdens b●itanni● , p. . ●●ldens●i●les ●i●les of h●n●ur , p. ● , . * see mr. s●ld●ns title● of ho●●● , part . p. . (r) s●e cl●us . i●h●n . dors . pa● . jo● . dors . . claus. . h. . dors . . cl●us . h. ● . dors . claus. h . dors . . claus. h. . dors . . pa● . h. . pars . dors . . s●ldens ti●les of hon●r . p. ● , ●● , , . (s) e. . n. . . e. . n. . e. . n. . e. . n. ● . e. . n. . e. . ● . . r. . n. . r. . ● . . r. . n. . . r. . ● . . parl. ● . r. . ● . r. r. . parl. . . , . r. . ● . . r● . ●● . * see h. . c. . e. . c. . (t) e. . n. , . (u) grastons chronicle , p. . hall , f. . (x) e. . n. . e. . c. . (y) e. . n. . . e. . n. . ● . e. . n. . . e. . e. . n. . * e. . c. . e. . c. . e. . n. . , , e. . n. . * see ●●ompton● jurisdiction of co●r●s , f. , , , . cooks . inst●t . p. ● . * see cooks instit. p. , . h . n. . * see my plea for the lords . * cooks institut . p. , , . (z) de repub●l . . c. , . (a) his order and usage how to keep a parliament . (b) description of england , c. . chronicle of ireland , p : . (c) in their abridgments , title , parliament . (d) jurisdiction of courts , cap. . (e) britannia , p. . (f) his interpreter , tit. parliament . (g) guide unto tongues . word , parliament . (h) pref●ce to the reports . institutes , s. , , instit. c. . (i) bo●●●m quo communius eo melius : gul. xylandri praesat . in plutarchi moralia . (k) luke . . notes for div a -e parliament . expences of knights in parliaments clergy and their tenants . clerks of chancery . ancient demesne . fulham . writ of summons to the archbishop . a writ of summons to the lords temporal . a writ of summons to the prince of wales and temporal lords . a writ of summons to the archbishop of cant. a writ to the prince of wales . notes for div a -e writ of summons . roger de mortimer attainted of treason in parliament , and executed . barons judges in parliament . earl-marshal . simon bereford attainted of treason , and executed . iohn matravers attainted of treason . edmund earl of kent . proclamation . prescription . bogo de bayons iohn devarel attainted . treason . thomas gurney william ogle , for murdering e. . peers judges in parliament , peers . impeachment discharged . earl of kent . restitution . insurrection . restitution . earl of lancaster earl of kent . pardon . mayor of london . menaces . revenge . pardon . earl of kent . petition to reverse a judgment in parliament for error . treason . restitution . dower . wardship . indempnity . earl of arundel . restitution . error . trial by peers mag. charta . attainder . parliament . petition . wil. montacute . reward of good service . grant of the king. tail. denbigh . shrewsbury-castle . tail. sir edward bohun . sir robert vfford . sir iohn nevil . sir tho. berkly . treason for murdering a deposed king. tried in parliament by a jury . sir eubal le strange . baron and feme . restitution . duresse . release . william la zouch . baron and feme . restitution . duresse . fine . iohn clavering . restitution . tenure . escuage . sir iohn sherlton , sir g. de la pool . peace . sheriffs . commissions . oppressions , escheators . cor●ners . earl of arundel , sir iohn carleton peace . justice not to be delayed . great seal . royal command . sir william montacute . royal command , indempnity , murders , felonies . recognisance vacated . chancellor . causes of parliament . guien . peace . france . ireland . kings voyage . french treaty . marriage . commons advice . lords committee . ireland . kings voyage thither . forces sent thither . all who have lands there to repair thither . feats of arms prohibited . king and his councel . lawyers and justices sent into ireland . records searched ireland . mainprisors in parliament . hugh le dispencer . pardon allowed . queen isabels dower . estates in parliament . felon . breaker of the law. purveyance . ready payment . office. tho. de ferrers . marlston parsonage . abbot of crowland . sir tho. wake . peace . sir wil. de la z●uch sir iohn grey . peace . bishop of london . kings council . petition for grace earl of march. treason . tail. sir tho. berkley . mainprisors discharged . parliament . sir henry piercy . service in war and peace . release . workworth castle . rochbury . sir robert benhall . will. and iohn clapton . rioters fined in parliament . sureties for good behaviour . merchants reprisal . duke of brabant . wools. councel . king and councel . proclamation . weapons , arms , games , prohibited . parliaments disturbance . causes of parliament . chancellor . voyage to the holy land. breach of laws and peace . bishops and clergies answer . consult by themselves . the earls and great men by themselves . * the record is , les di●z countz barons & grauntz , per eux mesme● : great men● not common . * grantz . great men see ● e. . n . peace . justices of peace . constables . malefactors apprehended . hu● and cry. excommuni●cation . peace-breakers . obligations . lords and commons but one h●use . * the record warrants no such thing , but the cont●ary ; and so doth ● . n next ensuing . voyage to the holy land deferred . french treaty , marriage . parliaments advice . ireland . parliament dissolved . sir iohn grey . sir wil. de la zouch . breach of peace . king and his councel . imprisonment . chancellour . causes of parliament . french affa●rs and expedi●ion . proclamation against weapons and playes . parliament adjourned . sc●ts . th● bishops , lords and com●ons several a v●●es , irish voyage ●efer●ed● m●n and m●●ies th●ther . scots . aid , disme , and one fifteen g●anted towards the wars . parliament . parliament adjourned . sir ieffery le scroop . bali●l king of scots . parliaments advice required t●uching scotland . parliament adjourned for absence of m●mbers . new summons . attendance required archbishops difference about ca●rying their c●●s●ers . clergies default and absence . archbishop of canterbury and his clergies absence . parliament reassembled . petitions . gascoyne , ireland , wales , islands foreign . proclamtions against weapons and playes . peace to be kept . sir godfrey le scroop . committees report and advise . pope . french king. wardens of the north. commons licensed to depart before the lords . parliament dissolved . great charter . forrest . statutes explaind justice of the peace . lawyer , outlawry . extracts . resp. treasury . pardon , parliament . resp. justices of peace fees. resp. sheriffs to continue but one year . resp. chancellor . sheriffs elected . justices . false jurors . maintenance . excommunication . writs . chancery . fees. great charter . resp. bigamy tryall court christian. probate of wills. citations . resp. justices of assize . gaol delivery . justices . gaol delivery . infant . averment . statute . recognisance . resp. deliverance . forresters . coroners . forfei●ure . resp. extortion . yarmouth . resp. woollen cloth. resp. money exported . resp. purveyance . pardon of debts . exchequer . resp. sheriffs . green-wax . resp. staple revoked . merchants . customs . justices . enquiry . felony . kings bench. sir ieffery le scroop chief justice . sir rich. willoughby sir wil. sharshal . proclamation . causes of parliament ; peace , marches defence . sea guarded . king● messengers , kings affairs , relief . kings army and affairs . kings debts . kings honor. aid . duke of cornwal guardian of england . aid by the lords , commission . tenths granted by the lords . * maltolt revoked wooll . wards , prochein-amy . collusion , wardship . the commons will not consent to a new devise , without conference with their countries . commons answer . peace , justices . sureties . pardon only by parliament . seas guarded , cinque ports , sea coasts . marches guarded . commons demand . general pardon , aid le roy. purveyors , present pay . pardon of old debts , customes of wools , lead , common assent , parliament , resistance , monies . bullion , mint . navie . archbish. of cant. archbish. of york . array . holdernesse , array . commissions , purveyance . ports , coin not to be transported . earl of richmond , lord clifford , lord ros lord moubray , sir william daubeny , residence , north marches defence . writs of summons , knights gladiis cincti . archbish●ps certificate . benefices . aliens . writs for the convocation . new parliament summoned . duke of cornwal . gardian of england . commissioners to begin the parliament . proclamation for the commissioners to begin and continue the parliament . commission . parliament adj●urned from day to day for absence of divers members . merchants . mariners . causes of parliament , kings aid , sea guarded , marches defence , commons request commons aid upon condition , lords answer , kings pleasure . lords aid granted . barony , tenths . commons aid conditional . merchants . mariners , cinque-ports , ships , charges . councels promise . mariners ships , charges , clerks . ships , portsmouth , dartsmouth . admiral earl arundel . winchelsey . admiral , earl of huntingdon . admiral . ships stayed . proclamation , pardons , sea-coasts . sir rich. talbot . southampton , garrison , wages , soldiers , advance-money . fortification , charges levied , contribution . bp. of winchester . prior of s. swithin abbot of hide . residence , assistance . pinaces . inhabitants residence , forfeiture . serjeants at arms , timber , boards , indenture . provisions , indenture . governors power victuals , purveyance , sheriff . barwick , edinburgh . merchants , provisions , grain , ra●●s . kings enemies . sir tho. rooksby● edinburgh cast●e , sterling . provisions . barwick . isle of wight . aid , respite . residence , protection , wars . provisions . carisbrook castle . kings butler , wine , sir iohn de longford . sir iohn de ferrers iersey , deputy , provisions . bailiff of iersey . jurate , revolt , porfeiture . provost of wells , temporalties restored . array . soldiers . array , march out of the counties . captains , free-quarter on the enemy . clerk , wages . nobles , knights , merchants , monies returned . berwick . array . array : array . array . array . captains . wasts . aliens . prior of s. dennis . dismes respited . array . proclamation . clerke of the parliament . receivers of petitions . parliament adjourned . causes of parliament . aid . commons answer . aid granted conditionally . commons petitions . committees , statute , statute , exemplification , great seal , kings stile , armes , france , indemnity . indemnity . duke of brabant . duke of cornwal , letters patents , enrolment . clergies petitions , statute . committees , flanders , committee , merchants , exchange . merchants , prior aliens . committees , defence . gascoign island , sea-coasts . peace , covenants , king. money , commons . accounts . account , sureties , account , sureties . sureties , sureties . sureties . parliament prorogued . petitions . bishops , customs , common assent . commission repealed , opposer , exchequer . respite of tenths and fifteens . sheriff . peace . alien . earl of cambridge created . duke of cornwal custos angliae , council . merchants , purveyance , merchants called to parliament by writ . pardons . pardon , powder . array , soldiers , scotland . barwick , soldiers , array . array , soldiers , roxsborough-castle . king of scots . archbishop of york , vacancie . array , soldiers . imprest money . commission , justiceship . array , garrison , edinburgh , sterling . berwick , chamberlain , fees , victualler : array , north-marches . victuals exported , scotland . commission , array , rebels , marshal-law , pardons , peace , truce . martial law. duke of cornwal custos angliae . councellors of state. councellor of state. victuals , navy . writ of summons causes of parliament . enemies , peace , defence , sea guarded , subsidy . proclamation . victory , aid . aid granted . privy-seal , kings letters , victory , aid of money . victory . aid , kings honor. monies advanced . woolls . custom . subsidy to secure debts , letters-patents . victuals . kings butler . king of scots . array . parsons , tenths . sheriff . carisbrook-castle , isle of wight , array . sheriffs , commissioners . priors aliens , exoneration , tenths . hospitals . sheriffs , merchants , council , wools , customers . subsidy respited , isle of wight . woolls . woolls , customs merchants , woolls , customs . sheriff● , merchants . merchants , subsidies , kings debts discharged . kings jewels redeemed . security . sea guarded , navy , iersey and gernsey . kings jewels , customs assigned , woolls , queens debts . lords letter to the king. council . sir iohn stantens case . fine . receit , voucher , counter-plea . petition : procedendo ad judicium , granted by the parliament . petition . parliament . clerk of the parliament . procedendo ad judicium . a cause adjourned for difficulty , out of the common pleas into the parliament , and there adjudged . fine . averment . voucher . baron & feme . averment . writ to the justices . clerk of parliament . proclamation . petitions . adjournment by reason of sundry members absence . causes of parliament . subsidy . voyage royal. enemies . french king. guyen . ill officers monie . grievances redressed . adjournment . peers tried only by peers in parliament . committees . chancellor . treasurer . liberties . painted chamber . archbishops submission . triall by peers . publike affairs before private . commons . magna charta . restitution : officers oaths● laws observed , great charter . old debts pardoned . accomp●s of all publick receipts . inrollment . ordinance abused repealed . commissions rev●ked , fines outragious chancellor and other officers elected , and sworn in parliament . aid granted upon condition . petitions granted . committee of lords . clergy . imprisonment without due process . churches liberties , mag. charta , oath . imprisonment , great charter . writ to the b●shop , capias . religious houses . officers force and extortion . inquisition . spiritual court , usurers , corporal pain , probate of wills , marriage . subsidy unevenly levied . kings answer advised upon . attachment . magna charta , churches liberties . oath . perjury . imprisonment , process . churches liberties . fraud , usurers . money for pains pecuniary , probate of wills , marriage , subsidy , tenths . barony . kings answer . great charter parliament , officers oath , pardon . treasurer , chief baron . statute revoked . officers election , lords assent , oath . parliament , offices resumed , statutes● great officers , oath , oath refused , oppressions , exemplifications . great seal . archbishop , committers , parliament . wools transportation denied , forfeiture , wars , aliens . wools , assesment , apportiament . wools , enrolment , commissions . archbishop . privy seal . great seal , peers . impeachment . oath . officers election , usury . court christian , revocation . wool , commissions revoked . writ of sum●mons . clerk of parliament . king. painted chamber parliament adjourned , because some lords and commons were not come . proclamation against wearing arms. petitions . chancellor . causes of parliament . truce with france kings est●●e . good government , truce . kings expl●i●● related pope & cardinals . truce . pope no judge . war and peace by the parliaments advice . advice . ambassadors . lords and commons several advice . peace . oppressions , justice . commons answer justices elected in parliament , oath , commissions . justices of peace , commons . lombards , merchants-strangers . tax . merchants , gold , florens , silver , monies . silver , mon●y , flemings . wooll . bullion . mony. wool , customes . customes , pardon , license , wool. aliens . denizens . fines , justices of oyer and terminer . common law. supersedeas , felony , peace . archbishops arraignment cancelled in parliament , statutes repealed as contrary to the laws and kings prerogative . statute . justices advice . customers , controllers , searchers , farms , forfeitute . forrain birth aliens . king and his isshe peers , lawyers , kings service . parliament . church , great charter , forrest . statutes observed . answ. statute revoked , law , prerogative . customs , wools , merchants grant . answ. answ. purveyors . indictment , challenge . marshalsey . chancellor , treasurer , peers , stranger , answ. kings prerogative● answ. acounts , kings prerogative outlaries reversed answ. accountants , customs , forfeiture , conspirators , r●otors , false money . crown lands , kings councel . answ. prisoners , appealers . justices of assiz● . answ. fines . answ. fines excessive , leets . answ. weights and measures . measures , alnage , flemmings . justices fees. sheriffs not to be justices , delay , assize , necessity , nobles . fines pardoned . answ. kings debtors , exchequer . justices of peace . extracts , exchequer . answ. tail , alienation . answ. non-claims fines . executor of executor . administrator . answ. ordinary . court christian , tithe wood . answ. parceners . joyn-tenants : recovery , summons and severance . wooll , weights . sheriffs . laws , free. * ordinaries , usurpation . temporal laws . answ. farthings m●ney . answ. merchants advice to the parliament . staple . florines , custom . commons , provisors . rome , strangers . pope cardinals , commouns resolution . oppressions . answ. provisors , kings prerogative , lords and commons . bulls , rome . king present , painted chamber chancellor , parliament , convocation , absence of members punished proclamation , petitions . clerk of parliament , lords house called . absents punished . chancellor , full parliament . causes of parliament , truce . parliaments advice . lords and commons several advice , wars to be ended by battel or peace , war , pope . royal assent , aid granted , dismes , quindesms . commons petitions , wars , lords assent . quindesms granted upon condition . defence , royal expedition royall assent . answ. commissions recalled . justices of peace . wools. weights and measures . exigents . money mint . purveyors . steward , marshal . clergies petitions prelates , justices . bigamy , mortmain , purveyance , church . prohibition , justices , processe ecclesiastical . tithes exemplification . provisors . imprisonment perpetual . provisoes . provisors , presentment , bishop . bishop elect . aliens , enemies . bulls , rome . imprisonment . deanry of york , provisors , enemies . defence of the realm . petitions , statutes made . erroneous process . re-account , wooll , acquittance . clerks of the chancery , l. chancellor , l. keeper , chancery . supersedeas , priviledge . sureties . parliament , chancery , london , attachment , sheriff , priviledge . nottingham , gaols . sheriffwicks . gold and silver-maces , kings serjeants . answ. london , maces . supersedeas . supersedeas . weights and measures . commission , exchequer , account . proclamation , wooll . gold. exigents . oaths . lord keeper . of england . proclamation against weapons and games . petitions . clerk of the parliament . parliament adjourned for absence of divers lords and commons . ki●gs 〈…〉 . causes 〈…〉 parliam●n● , kings safety , peace , false money , letters of credit . lord keeper , kings victor●es , callis . war , normandy , normandy , englands invasion . duke of normandy . englands conquest . church revenues , popes right , scots , parliaments adv●ce , aid required , c●mmons , former ●ids , impositions against law , customes , a●rays , purveyo●s , two 〈…〉 . statutes observed arrays , answ. arrays , fines , answ. array , supersedeas , sea-coasts guarded . answ. coining . false money , treason . kings receivers , gold , changers . answ. subsidy on wools. answ. purveyance , justices of peace , felonies , answ. answ. sea guarded , answ. sheriffs . purveyors , answ. quindesms . answ. justices oath , answ. quindesmies , defence . answ. alien enemies . answ : pardon . answ. lumbards , merchants , gold. alien monks , schollars , parliament , kings prerogative answ. aliens , cardinals . answ. aliens enemies . cardinals , schollars , answ. cardinals , answ. aliens . provisors , outlawry . answ. provisors . lords . answ. alien enemies forfeiture . alien , farms , imprisonment perpetual , kings profit . answ. monies transported , pope . aliens friers , secrets . pensions , proxies . answ. kings council . alien-enemy , pension . abbot of cluny . answ. bull , rome , alien . chancellor , warden of the cinque-ports . presentment to churches . answ. dismes , quindismes . letters to the parliament . prince of wales , aid to make the prince a knight . commons . alien● benefices , bishops certificate , convocation , chancery . aliens . proclamation , arms defended , statutes of northampton , earls , barons , lords . receivers of petitions . triers of petitions , adjournment of parliament because divers lords were not come . will. de thorpe . causes of the parliament . war by consent of the lords and commons . peace of england kept . commons to consult together . speedy answer , king and his councel . commons unable to give councel touching war. nobles and councel to advise thereof , commons assent to their determination . petitions . laws to be kept . peace disturbed . great men male-factors , maintenance of the barretors , ordinances . barons and justices fees encreased , oath of justices . oath . petitions of the commons to be answered and endorsed before them in parliament . ordinance . scots . devastation by war. prisoners of war. sureties for good behaviour . answ. lords advice . staple for wools , bruges , free trade . monopoly , sureties . price of wooll abated , monopoly , cloth , gold. exchange . answ. ordinance of the staple , patent , merchants , king and council . custos regni . council . imposition without the commons consent . safe-conduct , sea , ships . tonnage and poundage . answ. impositions , safe conduct , execution upon lands in treasons and debt relation . kings councel , comm●n law alterable only by statute . maintenance , pain certain , intendment of law. fine and ransom . treason , accroachment of royal pow●● . incertainty , treason declared , forfeiture for treason , clergy , king and his councel , commons charges , commissions of array . victuals , pu●ve●ance , array , charges without parliament● not to be levied . ordinances contemned . commissions illegal , supersedeas , answ : impositi●ns nec●ssi●y . lords and some commons assent to impositions . purveyance , prerogative , agreement . franchises , common law , oppression . answ. law , answ. false money . justices of assize . treason , ordinance , no pardon , pardon disallowed . answ. justices of oyer and terminer . peace , justices , pardons , taxes , subsidies , collectors of taxes , accounts in exchequer . berrectors , delay , vexation , atturnies , appeal , accusers , indictment . answ. concealment , attornies . penalty . wapentakes , recoverers in hundreds , county &c. distresses , execution , delay . sale of goods in execution . answ. old law , king and his council . king & councel . horses of the king. purveyance , marshal , free-quarter , constables . appraisment . payment before departure . arrest of horses and harness till paiment . bills , certainty . constables , sworne men , paiment , delay . answ. attaint in debt . damages . answ. old law. informers , damages , attaint , error . answ. error , attaint . scire facias , garnishment . execution . answ. old law. judgment in the exchequer , error , kings bench. answ. error in the exchequer-chamber . merchants , monopoly , tin. cornwal , tidman . answ. prince . accusation , answ. suggestion . kings council , fines , adjournet ou●ler le meer , grievances . answ. free-trade , wooll , customs . answ. subsidy , advise with the kings council . sheriff , escheator , annuals and sufficient . answ. sheriff● new sworne . custom , imposition , cloth. answ. king , prelates , earls and great men deny the taking away of the new custom for cloth , negative voice statutes of winchester . answ. purveyors , oats , prerogative , queen , prince , payment , tallages , answ. prerogative , queen , kings children . thames , tese , ouse , trent , rivers , navigation , nusance , goors , mills , justices assigned , oppression . answ. commission . indictment , felony , exigent , forfeiture , flight , foreign county . answ. old law , kings council . crown lands and franchises , advowsons not to be severed from it . answ. kings council , kings honour . horses of king , queen and prince . free quarter , purveyance , hay , oats , ordinances , commissions . answ. ordinances , kings profit peoples ease . free trade , wools , custome , monopoly , imposition . extortion , merchants , oppression , parliament . answ. merchants , wools seized , allowance by parliament , customs , rich merchants satisfied when the poor are le●t in arrear , buying poor merchants debts , defalcation of debts due by the king. answ. poor merchants treasurer . purlieu , forrests bounds , afforresting , dis-afforresting , ministers of the forrest . indictment , oppression , vexation , forrreign indictment , grievances , remedies fail , chancery . answ. charter of the forrest , purlieus , forrests , grievance , chancery . inquiry , ireland , kings revenues there , warrs , fraud , forfeiture of offices . answ. inquest of office. outing possession , chancery , speedy justice , restitu●ion . answ. common law , forfei●ure for treason , tenure lands declared , grant le roy , charter repealed , answ. ancient law , new laws , commissions of enquiry , array , exchequer , oppression . impositions against law , fines , oppression . answ● impositions , necessi●y . consent of the earls , barons , great men , and some of the commons , not sufficient to make a tax legal . two great seals . writs judicial , writs o●iginal , seals , fees , extortion , small seal . great fees. answ. poor men to have writs gratis . antient fees not to be altered . waste unpunishable , frank-marriage . answ. new laws required . writs of possession , devise of land . answ. new law. tythes of underwood , prela●es constitution , custom , prescription . great wood . answ. tythes of underwood . aids ma●ntenance of wars , merchants , confederacie . usury , deceipt , imposi●ions , woolls , rich and poor m●rchants , brocage debts bought at undervalues . monopoly , customs , c●llectors , ex●●rtion , false weights , parliament , examination of grievances in parliament , by persons assigned by the commons . kings pr●fit . collusion . answ. council of the king to examine and determine grievances . commons information . certainty , justices to enquire of false money . kings council , p●pes usurpation , provisions , church-liberties , kings disherison , patrons , strangers , cardinals . answ. councel le roy. probate of wills , official , extortion , vexation , delays . answ. prelates . bastard eigne & mulier . certificate of the ordinary , privie● , new certificate . answ. new law. murders , robberies , felonies , pardons , law contemned , malefactors encouraged . answ. pardons , councel le roy allowance . extortions . grievances , collectors of wools , taxes , false weights , fraud , acquittance roy. answ. justices of peace , false moneys . statute merchants , execution , subtily . answ. processe usual , error , county palatine , false record , averment against a record prayed , chester , durham . answ. old law , purveyers , victuals , present payment . answ. sheriffs payment . sheriffs , payment , merchants robbed , enemies , safe conduct , imposition by the king , peers , prelates , by merchants assent , safe conduct to be made good by the undertakers , damages for default of the safe guarders , parliament . answ. taxes , ships taken , lost in the kings service . destruction , navie destroyed , answ. judgment delayed for difficulty of law , speedy justice . answ. justices , difficulty , parliament , ordinance , gaging of wines , guyen . fee , extortion . d●ceit , king and his council . forfeiture . office forfei●ed for negligence . murders , robberies , felonies . pardons , maintenance , law contemned , malefactors emboldened . answ. pardons , councel le roy. aliens , provision , rome . letters to the pope by the king , lords and commons , seals , proctors , cardinals , delegates , notaries , proclamation , forfeiture , bulls , imprisonment , council . suit at rome , or in court christian , to reverse judgments in the kings courts . imprisonment perpetual , outlawry , abjuration , provisor . cardinals , aliens . contempt , court of rome , court christian , judgment in the kings courts , commons . church , crown . justices . serjeants , punishment . aliens . statute perpetual , w●its of cause , answ. council , lords , commons advice aliens , provisors , pope . instruction of the people , residence , relief of the poor● novelties , incroachment , prer●gative . c●own . king. c●uncel . iohn matravers e. . n. . in parliament . judgment without indictment . attainder or calling to answer , reversed for error . error in and by parliament . great councel , protection , king , peers , judges of errors in parliament , commons in parliament , restitution , law of the realm oath , compurgators , banishment , excommunication , battel . petition , villenage , trial against law. common law. law or county , forreign county , kings duty , law of the land , commons good , private petition , ireland , descent of lands in ireland to enemies prayed to be prevented and remedied by the parliament in england , parceners , war. commons impeachment and complaint , merchants , extortions , grievances . kings service , councel of the king , purgation , answer to complaints . kings game , forrest , punishment . peace , justices of peace , lawyers , commissions , commons advise concerning the peace . traylebastons , arbitrary projects mischief . commons long continuing together to their great cost , desire dismission . parliament ad●journed because sundry lords not me . cheif justices . causes of parliament . truce , pope , frenchmens , invasion , peace . lords and commons advice . commons oppressions , aid reasonable , array , purveyance guarding the seas , subsidy , impost without law. loans , wools. quinesmes . scots ransom . petitions gran●ed , conditions , enrolled . petitions . collectors of woolls account : answ. maintenance , nobles , thief . lawyer , justices , false money , fees , answ. petitions answered . answ. wool , loan , impost , customs . answ. eyres , forrest , peace , kings pleasure . answ : scots prisoners . answ. aids , scottish wars . answ. appeal , felony , new law. answ. bridges , staple , flemish ambass●dor . answ. inquiries , aids granted . answ. wooll , bullion , repeal . answ. custom , woolls . accomptant , issues , process . answ. common law , navy . answ. answ. subjects ease . necessity . marshal , bail , peace . answ. non claim , answ. jurors , verdict , assize , law kept . answ. purveyors . answ. parliament members . assessor , receiver , kings prerogative . answ. error , exchequer . answ. forresters , purlieus , extortions , great charter , perambulation . answ. writs , chancery . writs . writs , right . petitions , kings and lords answer to them , bill , statutes . answ. law altered . new statutes . norwice , worsted weavers alnage , revocation . common profit . writs of summons . parliament adjourned for the absence of sundry lords . pain●ed chamber parliament holden by commission . commission read . kings absence . commons . lords absence , petitious . causes of parliament , parliament , plague . war , peace , labourers , treasure . consultation . chief justice , commons . petitions , chancellor , clerk of parliament , parliament roll. earl of arundel , restitution . answ. restitution , earl of kent , earl of arundel , arundel castle . sir william thorp , parliam●nt . peers judges , oath , bribes . kings and nobles great charter , statutes , purveyance released . labourers . answ. popes , brocage , first-fruits . answ. rome , judgment reversed . laws of the realm . answ. peace . magna charta , freehold , legal process . answ. answ. merchants . necessity , money . answ. fines , laborers . poor . steward , marshal , process . answ. answ. purveyance . answ. merchants , convoys . answ tonnage and poundage . subsidy , wools. answ. sheriffs , coroners , escheators . answ. sheriffs , kings debts . answ. common pleas , great seal . chief justice , answ. pardon , murder , felony , kings oath . answ. salmons , mills . fines , chancery . answ : purveyor , timber answ. excommunicato capiendo . answ. excommunication . answ. merchants , loans , answ. customes , account . justices of oyer , fines pardon , false money . oppressors of ordinaries , answ. imposts , customs , woolfells . answ. standard , measures . answ. statutes altered . alnage . answ. aliens . measure . merchant strangers . forestalling . mills . statutes . provisions . labourers . proclamation , armor . proclamation , cloth. writs of summons . parliament misdated . parliament adjourned because sundry lords not come . clerk of the parliament , proclamation against arms and games , chief justice , cause of the parliament . p●ace , kings title to france . war. truce broken . parliaments advice required . commons , committee , conference with the lords . the french breach of truce . commons petitions . quindismes . justices of peace . answ. purveyors , variance . sheriffs . answ. loans . answ. indictors , inquest . imprisonment , suggestion . executors , purveyors , timber . forestallers . arms , soldiers . defence of the north marches . answ. measures . commons house collectors . answ. reasonable aid , va●iance . purveyors . answ : thames , lumbards , merchant strangers . money embased . process , felony . marshalsey . answ. heirs , assets . answ. mercants , weights . answ. tyth-wood . answ. exchange of gold and silver . sheriffs accounts . answ. fines for writs , chancery . answ. sheep . non tenure . provisors . answ. alnager . outlary . loans . sheriffs , feefarms . answ. villenage . protections . plate , mint , desmes and quinne●●e . exemptions v●id . answ. prisage , wines . provisor● . sir iohn montravers pardon . purgation . pardon confirmed in parliament . clergy . treason , imprisonment , duress , fines . priest , murder , monks hanged . circumspecte agatis . answ. ordinance , ordinary , presentment , admission , inhibition , arch-bishop , answ. purveyors . church . answ. ordinances , great councel . proclamation , adjournment , chief justice , causes of parliament . staple . staple . chamberlain , wars with france , pope . subsidy required and granted by the commons . woolls . provisors . alnag . answ. subsidies , wars answ. justices of peace . victuallers . money , sterling . answ. staple , canterbury . answ. wines , variance from the record . woolls . answ. fines outragious , commissioner . answ. pardons , staple . writs of summons . cheif justices , causes of parliament . staple , ordinances . peace with france . wars mischeif . petitions , enormities redressed . parliament . petitions , erroneous judgment in parliament reversed . petition . the commons have voyce in reversing a judgment given by the lords ( that is when by bill , as here ) articles of impeachment . councellors condemned for good advise through malice and power lords judges in parliament , p●ers . t●e●on , execution . judgment against magna charta , c. , revoked . restitution● p●ers judged by peers . open answer . earl of arundel , attainder , restitution . judgment against magna charta , c. ● without due process and trial reversed , as erroneous . restitution , ordinances , staple . justices of peace . fines , labourers , poor . answ. estreat , old law. answ. woolls . wards , old law. answ. outlawry . contribution , knights wages . answ. purveyances . present pay . answ. sheriff . purveyances . answ. errors . l●ndon . attaint , lords , law not to be altered . answ. statutes confirmed . marches of wales , distress . old l●w. answ. inquest returned , conspiracy , maintenance , sheriffs , jury . evidences . escheators . iron . money finer . answ. purveyors , privy seal , councel , common law. forfeiture , kings widows , old law. answ. appeal , common law. answ. weights and measures , london . coroners election writs , fines , chancery . commissions . clerks of the crown . answ. fines for writs . answ. chancellor . sheriffs , justices circuits . fines , letters of attorny . answ. attaint . labourers . answ. staple . parliament . answ. staples , sheriffs inquests . staple . answ. merchants , free trade , customs . customers . merchants , oathes . merchant strangers . answ. chancellor , treasurer . chamberlain , peace with france . commons advice and assent demanded concerning peace . they submit themselves wholly to the king and lords o●der . summons of parliament . parliament adjourned . painted chamber . petitions . parliament adjourned for absence of divers lords . chief justice . causes of parliament . peace treated with france , ambassadors , rome . king of navar , league with england against france , iersey . navars revolt , french forces . enemies , battel refused , peace , parliament . chief justice , commons , kings travel and expence . scots , victory , peace deferred . lords and commons conference , aids granted , subsidy conditional on wools , impositions . great charter , forrest . staples . receipt . sheriffs . aids to make the kings son a knight exchequer . answ. purveyors . escheators , seisure . answ : justices of peace , weights and measures . answ. sheriffs , coroners . sheriff , constable , gaoler , imprisonment . confederacie , judges . answ. justices of gaol-delivery , exigen● , old law. answ. northern counties , appeal , nisi prius . jurors , kings bench. answ. old law , fraudulent conveyances . answ. indictment , attorneys , inquest returned , exchequer , attaint , old law. answ. parliament adjourned because sundry lords not come . chief justice , causes of the parliament , churches reformation , peace , scotland , wools , petitions , peace and war by the parliaments adv●ce . lords , scotland , war advised , lords advice , merchants , c●llis , commons advice respi●ed , conference with merchants , magna charta , and statutes , purveyors , penalty for negligences , omission out of the printed statute , kings carriages , wines ingrossed , inquests forreign , answ. imprisonment without due process , answ. mainpri●e , fines . answ. wools , weights . priests wages , offendors , parliament annually . subsidy of wools pardoned , gold and silver , answ. peace . justices of peace fees , answ. debt , exchequer . answ. petitions answered , answ. pardon , waste escheators , labourers fines , petitions answered , subsidy granted . lionel created duke of clarence in parliament . duke of lancaster . earl of cambridge . iohn created duke of lancaster● charter . edmond earl of cambridge created in parliament . charter : pleading● in english. staple , conusance . chief justice , parliament adjourned , because sundry lords and commons not yet come . chancellor , causes of the parliament , subjects grieveances , churches liberties infringed , petitions . petitions . m●rchants-aliens , transportation of woollen cloaths , cheese , sheep , malt , beer , inhibited . commons thanks to the king. clergy to pray for the peace and good g●vernment o● the land , &c. kings good will to the commons . answ. statutes confirmed . ordinances , customs of woolls . answ. silver coin , gold. answ. exchange . answ. money , poor , coiners , half pence and farthings . answ. merchants hostlers . regrators , forestallers . ordinance , fish , merchants , corn , meal , and victuals not to be transported . proclam●tion . answ. weers , nusances . answ. nisi prius , king party , king● attorney● venire facias . answ. commons house . justices of peace nominated by the commons . answ. identitate nominis : variance . poultry , prices . exchequer . grocers . artificers , apparel , pestilence , alienation without licence . answ. wines . price of w●nes , testimonial . justices of assize . answ. villenage . sugges●●ons . parliament prorogued , chancellor , appar●el , ordinan●e , statute , am●ndment , kings thanks , parliament dissolved . silver vessels , hawks , statutes printed not in the record . parliament adjourned , proclamation , painted chamber . chancellour , causes of parliament , justice , kings good will to his subjects . kings thanks . common peace , good laws . amendment of faulty laws , petitions . kings declaration , popes citations , and usurpations . kings courts , provisors , ancient laws , prerogative , treasure exported , ecclesiastical livings , divine service , alms , hospitality . parliament , liberties , provisors , variance in the record . transportation of victuals , and corn prohibited , scotland , protection , scots . answ. fines of the chancery . answ. peoples case , staple , impositions to cease . answ. ships forfeited . customs cancelled . wines , suggestions , jurors , embracers , maintainers . staple , melcomb , lewes , customes , customers , lynne , royall assent , kings thanks , parliament dismissed . chancellor , painted chamber , causes of parliament . prince , gascoign , ireland , government of england , petitions . chancellor , causes of parliament . popes claim of tribute , king iohns homage to rome , for england , and ireland , popes citation of the king to rome . advice required , bishops , lords , commons . kings cannot subject the kingdom to the pope , or any other , but by common assent of parliament . kings oath● popes usurpation unanimously resisted . universities , oxford , cambridge , fryers , complaint in parliament . parliament , universities , degrees . bulls . rome . king and his council . chancellor , kings son in law to be created an earl. lords assent . chief baron , parliament , aestate probanda , livery ouster le maine , age. inspection in parliament , reseisure , infa●ra charters , recognisances , statutes , writings vacated . kings thanks . parliament dism●ssed . writs of summons , parliament adjourned , because sundry lords and commons not yet come . arch-bishop , painted chamber , arch-bishop , victory over enemies . subjects loyalty , causes of parliament . petitions . treaty , king of scots . peace , scotland , lords and commons several advise and answers . disinherison of the king and crown . oath of allegiance . thanks for aids and subsidies granted . subsidy granted , old customs and new . great charter , statutes . pardons . process of law. commissions , escheators . labourers . victuals . london , forainers , retail . merchants , wines . green wax , exchequer . aliens , callice . kings thanks for aids , lords and commons dine with the king. sir iohn de lee. robert latimers case . wardship , imprisonment , duress . due process of law. kings steward , kings councel , unjust oppression , attachment . verge , marshalsey , jurisdiction . imprisonment . authority abused , purveyors . defrauding the king mannor of raynham . dover castle . imprisonment in the tower , constable of the tower. kings councel . wardship resigned to the king. recognisances vacated . lord chancellor . causes of parliament . parliaments counsel and assent used in all weighty affairs . peace with the french upon conditions . gascoyne . stile of french king relinquished . the french breach of conditions . parliaments advise required . petitions , lords and commons answer . stile of france . stile of france assumed by the king. new great seal . patents , charters writs , seals altered . subsidy granted , old customs , forts surveyed and repaired . aliens . armour , horse-coursers , answ. no man punished contrary to law. commissions repealed , prescription . answ. silva cedua , tythes . answ. pardon , forrest , sheriffs . answ. indictment , nisi prius against the king. treason , cha●cellor . answ. sea-mark . times of w●r . answ. executors refusal , aquita●ned . repeal of statutes , variance from the record . staple . king's thanks to the lords and commons . booty in war , conquest , charters . priors aliens seised . clergies array . parliament dissolved . painted chamber . chancellor , causes of parliament . kings necessity . kings army . the french kings power by land and sea. englands invasion . advice of parliament required . petitions , subsidy granted , contribution . staple , melcomb . chancellor . easter , petitions , kings thanks . parliament dismissed . great c●uncel summoned . chancellor . subsidy mistaken . parish●s . subsidy supplied , parish church . chester , mo●tmain . commission for the subsidy , collectors , commissioners , knights of counties . petitions read and answered before the lords and commons , parliament dismissed . great charter , church-men removed , crowns disinherison , officers , laymen prefe●r'd . kings election and prerogative over his officers . kings councel . answ. petitions considered , lords . lands in capite leased . answ. mills . fines for writs . answ. purveyance , measure . answ. eyre , treilbaston . corn , victuals . wooll . green wax , extracts , certainty , parliament . answ. sheriff● , trial , birth . answ. old law. mayors , bayliffs , sergeant , victuall●rs , taverners . answ. easterlings , merchants . answ. merchants , wool , free trade . answ. merchants restrained , wines , repeal of statutes corporations , liberties . answ. navies decay , ships arrested● mariners , merchants restrained , masters of ships , imposition . answ. answ. goods uncustomed , pardon . answ. fortresses . answ. assiises , justices parents . answ. commissioners charges , sessions . answ. villenage visne . answ. possession , inquest of office , escheator , trial. scire facias . answ. sheriff , escheators . answ. french varlets , answ. justice not to be delaid , no man to answer without due process of law. answ. impositions , woolls . commons house , subsidy . answ. sea-coast guarded protections , commons loss . answ. seals counterfeited , forgery , imprisonment perpetual . scottish money . answ. priests , clergies assent . writs of summons . parliament adjourned . painted chamber . chancellor , causes of the parliament . peace broken by the french. kings right to france . armies , king of castile , aragon , royal navy , publick charges , aid required . nobles , realms defence . season of war , speedy answer . committee of lords and c●mmons . conference . aids granted , wars . petitions answered . chancellor kings thanks , commons petitions , c●mmons dismissed , parliament ended petitions , subsidy granted upon condition , tonnage and poundage . wars , commissions , fees , commons house . collectors . magna charta , forrest . answ. petitions answered , private petitions . answ. cloaths , assizes . london , cities , liberties . answ. staples , calice . answ. kings councel . scottish silver . protection , war●● deceit . answ. chancery . staple at lin , woolls . answ. tythe wood , prohibition . answ. ordinaries , jurisdiction , breach of faith , labourers . answ. purveyors , resistance . answ. accomptants , exchequer , imprisonment . answ. cyrographer , fines , fees , common pleas. answ. labourers , justices removed . answ. villenage , trial. answ. masters of ships , marriners wages , ships pressed , necessity . answ. allowance for tackling of ships . answ. provisors , pope . first-fruits . answ. burgesses , bristoll a county , perambulation , chancery , charters confirmed . answ. french prior alie●s . answ. sheriffs , bailiff● . answ : exchequer , suggestions . answ. parliament adjourned , because sundry lords and commons not yet come . proclamation for all summoned to appear . chancellor , king , c●uses of the parliament . government of the realm . defence of the realm by land and sea. wars against enemies , advice of parliament followed . lords and commons advise apart . petitions . commons meet in the chapter house at westminster . committee of lords to consult with them . subsidy granted , commons device , kings council , royal assent , chancellor . treasurer . privy seal , officers , rewards prohibited . officers , rewards prohibited . reports of matters of council to the king. ordinances by the king and his council , officers . ordinances repealed , sweet wines , retail , london . lord mayor , prices of wine . commons protestation , allegiance , king abused by ill officers , ransoms , subsidies , wars . councils abuses , staple , bullion , shifts for money , provide debts bought at undervalues . richard lyons his impeachment , deceits , extortions , farmer of subsidies , licences to transport wooll and staple-ware , impositions , change of mony , bribes to pay due debts , council . his answer and submission . his censure , imprisonment , seisure of his lands and goods . extortions , commissions of enquiry , d●sfranchisement . lord latimers impeachment by the commons , oppressions . chamberlain , kings councel , exactions , victuals , ransomes . not accounting , victuals sold , losse of s. saviours fort and others . c●nfederacy with richard lyons . his answer , triall by peers , commons . judgment against him , ill counsel , deceit to the king. staples prejudice , callis . impositions , peers , judges , imprisonment , marshall , fines and ransomes , commons request , officers confiscated , put from the councel , mainprisors , marshall . mainprisors . william ellis his impeachment , extortions , farmer of customes , subsidy . his answer , his judgment , imprisonment , iohn peach his impeachment , monopoly , wines , extortion , judgement against him . imprisonment , recompence . lord nevill impeached . privy councellour , buying debts due to the king at undervalues , defrauding the king for souldiers wages , witnesses produced , witness imprisoned , judgment against him , imprisoment , losse of lands goods and offices , restitution , executors . women , maintenance , alice perers , forfeiture , banishment . prior of ecclefield , alien , complaint , lord latimer . adam de bury impeached , deceits & wrongs , major of callis , delinquents sent for , contempt , goods and chattels forfeited . error in parliament , archdeaconry of norwich . errors in the common p●eas , to be reversed in the kings bench , and of the kings bench in the parliament . complaint , commons , great yarmouth , charter repealed in one clause only commons request , prince of wales , created only by the king , not by the lords , kings prerogative , king sick , lords and commons attend him , kings confirmation . magna charta , forrest . answ. sheriffs , inquests and juries , pannel , sheriffs oath . answ. undersheriff , pannel . liberties , exemptions , occupations , abuses reformed . answ. commissions repealed , extortions , commissioners of good name , estate and reputation . answ. j●stices , sergeants , lawyers . salmons , fish , thames , nets . answ. commissions of enquiry . wears , braint , thames . answ. lombards , brokers , usury , sodomy , spies , aliens . answ. strangers , corporations , liberties , 〈…〉 shewed ch●nce●● . answ. protect●●●● repealed . answ. council . ribald , begg●rs● banishment . answ. statute of winchester . r●berdsmen , counterfeits , soldiers . staple , lincoln , s. botolphs , answ. kings pleasure . incontinency , clergy , bigamy . answ. bailiffs , forrests● forfeiture , legal trial , chancery , mainprise , eyre , restitution . answ. ill cou●cellors , officers disabled , restitution . answ. king and lords liberty . aliens religiou● rome . answ. council . justices of peace● nominated by the lords and commons in parliament , oath , fees. answ. king and councel . church lands sold. westm. . answ. alienation● . hundreds not to be farmed . answ. indictment , coroner , murder , flight . forfeiture , justices of goal delivery . answ. stankes , nusances , havens . answ. accounts , exchequer . averment , answ. sea-coasts defence , residence . answ. sheriffs , d●puties . answ. justices of assize , associates . answ. yarmouth , herring . monopoly , repeal , free trade . barre , collateral warranty , assets . answ. justices of assize , sessions , goal deliveries , patents . answ. sheriffs annually chosen , exchequer , extracts , escheators . answ. commissions , dinners , perambulations of the forrest , officers , forfeiture , dammages . answ. charter of the forrest . lumbards , fraud . answ. kings councel , seisure of lands and goods , attainder . answ. sheriffs , undersheriffs , gaoler , justices , commissioners , answ. bishops , probate of wills , fees , acquittance , account . answ. felons goods , office , traverse , old law. answ. account , exchequer , scottish money . sweet wine , answ. clerks of the marker , fines in grosse , measures , weights . answ. negligence . patent , escheators enquest . answ. chancellor , champerty , damages . answ. provisors , rome . answ. lord steward , marshal , jurisdiction , articuli super chartas , verge . answ. jurisdiction . exchequer , wager of law , prerogative . answ. corographer , fines , fees. answ. popes usurpations provisors , tax to the pope . popes extortions . brokers of rome , simony . unworthy persons promoted , learnings decay . alien enemies , treasure exported . law of the church , presentation , hospitality . pope . lay-patrons , simony , popes covetousness , popes great exactions & treasure out of england . churches honor , plagues of the realm for suffering the church to be defaced . churches reparation . jubile . letters to the pope , great seal , nobles seals , no money to be exported , lombards , forfeiture , imprisonment answ. pope . popes collectors , aliens , spies , secrets disclosed . popes receiver and collector , peter-pence , mony transported cardinals , aliens , deans , archdeacons , prebendaries , mony transported english brokers . popes usurpation , enemies , lombards , subsidy . popes translation of bishopricks , &c. popes collector , first-fruits . provisors , rome , popes reservations , benefices , cardinals created kings enemies . popes usurpations kings enemies , kings regality . religious houses , free ele●●ion , popes incroachment . legacies from the pope , popes covetousness of our money . money transported , popes collectors , cardinals proctors . popes collectors banished under pain of death , proctors banished : popes collector , clergies vassalage to the popes collector , persons sent for to give information to the lords and commons . servants , beggers , vagabonds , labourers . answ. kings wards , commitment , preroga●ive . answ. prescription , writ of right , mortdancester , nuper obiit , cozenage , aiel , old law not to be changed . answ. aliens , benefices . answ. errors , justices of assize . answ. general pardon of intrusions . prerogative . answ. account , executors , guardian in soccage . answ. restitution , farmers t● aliens . answ. priors , churches conventual , collegial , parochial , grants prejudicial to the king and realm . answ. forestallers , justices of peace . answ. infants , fines , old law. answ. prior aliens , wars , french alien enemies banished . prisoners , ransome . answ. devon , oppression , stannaries , charter explained in parliament . cornwall , stannaries . cumberland , carlisles repair , aid , poverty , warden of the marches . answ. port-towns . ships , mariners , deodand . answ. kings grace . watermen , nusances , locks , wears , thames , customs , stanes-bridge , windsor , maidenhead . answ. exacted ●ees , chancery , supersedeas . dover-castle , imprisonment , jurisdiction . answ. process , capias , cinque-ports . sea-coasts , ships arrested , reprisal . answ. southampton . feefarm , fortification , men of war. answ. winchester , lib●rties confirmed , london , murage . loans repaiment , treasurer . answ. lords , rio●s , corporations , common , answ. council . bath , fair , bristol , nusance , answ. great council , essex . clothes , cogware , kersies . answ. statute explained . london liberties , strangers , broker , retail . answ. cities government , merchants of the haunce . houses decayed in cities and boroughs , kings tenants , fee-farms . chichester . liberties . priviledges . answ. chancer . charters confirmed . answ. surrey and sussex , fee farms , earl of arundel , sheriffs turns , sheriffs account , answ. southwark , charter confirmed . answ. newcastle , prior of tinmouth , false recovery . chancellor , procedendo , commission , answ. parliament , defence . commission , answ. essex , hartford , sheriffs account , answ. search , exchequer , pardon . rochester , clerk of the market , answ. fines , sheriffs account , answ. pardon . forfeiture , attainder . answ. processe discontinued , issue , nisi prius . old law. answ. transportation of corn , calice . answ. free exportation nottingham , guardian , mor●main , heybeth-bridge . answ. london , usury , old law. answ. assise , nusance , mill , common-law . answ. lombaads , wooll , deceit . great council . answ. trial , births , old law , answ. kiugs carriages , marshalsey . answ. steward . merchants , staple , imposi●ions . answ. enquiry . sheriffs , justices of peace , posse comitatus . routs and riots . answ. nottingham-castle , an earl keeper thereof● great council . answ. corporations , hamlets , contribution , break●rs of the peace . answ. no●thamberland , issues pardoned . answ. southampton , extortions , lord nevil , soldiers wages and disorder . answ. norfolk , paiment , purveyors . answ. yarmouth , complaint in parliament , oppressions , kings protection , answ. york , extortion , admission to benefices . answ. sussex , cinque ports , contribution , great council . answ. worcestershire , salop , stafford , hereford , bristol , gloucester , merchants , calice● arrest for others debts and trespasses , marches of wales , chester , felonies , forfeiture , old law. woollen-yarn . draper● . answ. forfeiture● ci●ies liberties confirmed , farms , charte● . answ. chancery . great yarmouth free trade , p●or oppressed the rich . answ. great council . tividel , restitution . answ. lord marchers report to the parliament . york . merchants woo●● seised for the kings debts , reprisal . answ. great council . restitution . answ. great council . devon-shire cotmons , victuals , free-quarter , purveyance . answ. bailiffs , f●le returns , great council . answ. church-yard , sanctuary . escape . answ. habeas corpus nisi prius . disc●ntin●ance , privy se●l , old law. answ. livery sued . inquest of offices , esch●ator , averment , non-●●nure . answ. t●aver●e . privy seal , kings deb● , t●easurers letter , day of payment . answ. p●rliament a●nual , knights election , sheriffs , knights election , answ. answ. extents at undervalue . pardon , parliament , kings councellors . answ. k●ngs prerogative , articles of complaint , parliament , justices , judgment repealed . answ. kings councel . liberties● government of the realm , crown revenues , answ. kings profit , pe●ples ease . imp●sitions without parliamen●● penalty , common law. answ. broakers , recoveries , ●●ya●● . old law answ. wapentakes , hundreds , bailiffs . answ. wapentakes , hundreds , warning . answ. presentments , leets , wapentakes , answ. resiants , wapentakes , hundreds . answ. bailiffs , markets , fairs , attachments , jurisdicti●on . bailiffs , hundreds , wapentakes , answ. answ. consultations , tithes , silva cedua . answ. prohibitions● ordinary , consultations . prohibition● pensions , prohibition . answ. justices , bish●ps . tithes● prohibition , c●●on law. purveyors , carriages , liberties● tithes , ecclesiastical judge . consul●ation● ecclesiastical judge , prohibition , libel● judges seal . clerk , arrest , church-yard , sanctuary . answ. calice , staple . answ. staple . staple-wares . merchants , soldiers . countess of artois charter . answ. calice . bailiffs , mayor aldermen , london . answ. calice liberties , mayor . strayes , escheats , watch. commons , writs for wages , bishops , parlament ended . commons petitions . petition to the king and lords● london . franchises diminished , grievances redressed , merchant-strangers , brokers , retail , secrets discovered to the enemies , spies , king and hi● council , statu●e , ordinance . answ. ci●ies good governement . merchant-strangers , h●ns-merchants , alm●ins . devon , stanneries , oppression , cornwall . declaration of the charters granted to the tinners . article . the tinners charter and l●berties . resp. article . article . resp. article . resp. article . resp. writs of summon● . prince , parliament held by commission by reason of the kings absence . painted chamber commission . chancellor , parliament adjourned , for that divers lords and commons not come . chancellors speech . kings recovery . gods love to the king & kingdom . the kings love to the lords , prince of wales . prince gods vicar . peace . causes of the parliament . conspiracie and consederacie of the french , spaniards , and scots against the english. parliaments advice required . chamberlain , realms profit . popes usurpations petitions . commons house and place of meeting , monies raised . committee of lords to confer with the commons . poll-money granted . special treasurers for the subsidy . warrs . treasurers wages warrs . a committee of lords sent to the sick king. kings pardon , petitions answered , royall assent , parliament ended , president of parliament . churches liberties , great charter , forrest . pardon . fees , great seal . answ. felony , accounts , allowance , loans . answ. prescription , liberties . answ. justices of peace , leet , labourers . answ. patent revoked , water-baily , thames , nusances . answ. chancellor , londoners , constable of the tower. southwark , marshal , injury to others . answ. london charter , strangers . answ. london , coroner , kings ancient ●ight . answ. aliens , warrs , merchant , artificer . obedience to the king. answ. provisors , rome , premunire , pope . answ. perambulations , forrest , attachment , false imprisonment . answ. marshals jurisdiction , prescription . answ. hunting , purlieu● , forrest , assarts . answ. priests wages , tryall . forfeiture . answ. wards . answ. officers . maintenance , quarrels . answ. religious persons , answ. old law. statutes repealed , parliament , purveyors . answ. knights fees , parliament . answ. ordinances , clergies petition . constitutions . answ. leets , taverns . answ. commons , collectors . answ. protections , delay , covin , kings council . answ. fish , n●●s , commissions . answ. debtors , fraudulent conveyances . sanctuary , answ. pardon , pyracies , kings prerogative answ. charters , liberties , clerks of the market , answ. law , custom . answ. rece●t , c●●nt●rplea . custom , wooll●n clothes . answ. loans repaid . answ tythe● sea-c●als . answ. fines for writs , mag charta . answ. chancellor . sheriff , escheator , c●rone● , exemtion , age. answ. kings pleasure . charters allowed . answ. essex , hertford , kings favour . answ. profession , nonability , dispensati●● , rome . answ. herring price , commissions . answ. devon , stanneries liberties parliaments promi●e . prince of wales● stanneries , privity . princes 〈◊〉 , s●●nder . answ. king and princes councel . mills , nusance . st ives river , ships , boats , answ. warwick goal repaired . answ. treasurer , kings councel . wools , customers , weighers , kings prerogative . answ. quinde●ms , tax , barons of the exchequer , old ra●e . answ. frizes . severn . nusance , ships , answ. lords to hear and determine . ship , boat , deodand . answ. age , livery , inspection . answ. chancellour , lord latimers restitution . parliament . answ. pardon . kings prerogative . answ. provisors . cardinals , popes collector , first-fruits . al●ens , wars , praemunire . answ. prohibition , tythe-wood , answ. consultation . pensions , prohibition , ordineries . answ. search . consultation . answ. kings right , law. priests arrests . bishop of winchester . writs for wages , parliament ended . sir tho. hungerford speaker of the parliament . parliaments injustice , pardon . pardon for rich. lyons . alice perrers , judgment reversed . restitution . parliament ended c●mm●ns , extortion , commission , enquests , parliament . w. prynne . pardon , parliament , no aid , imposition , or charge to be imposed , but by common consent of the prela●es , lords and commons in ●u●l parliament , customs . e. . r. . stat. . impositions . notes for div a -e writs of summons . parliament adjourned for that divers lords and commons were not come . arch-bishops speech . painted chamber , causes of parliament . kings presence , election , descent , kings thanks , comfort . loss by enemies . liberties confirmed , laws maintained , peace , grievances redressed . councel and aids ag●inst enemies required . petitions . kings steward● causes of parliament repeated . advice required . commons require a committee of lords to con●er with them . commons slander the d. of lancaster . treason . combate demanded . purgation by the lords and commons . debate between the nobles , treason . sir peirce de la mare speaker . his protestation . speech . feats of chivalry . merchants , ships . commons petitions , kings councel named to the parliament , treasurers for the wars . king tutors , kings houshold charges born with the crown revenues , subsidy imploied only on the wars . the common law and statutes to be observed . royal assent , great officers , councell●rs . councellors elected , lords assent . king councellors to receive no gift from the king nor wages , maintenance , false complaints . councellors oath lords , kings attendants , kings houshold , lords assent , subsidies and fifteens granted . to be imploied only upon the wars , custom of wools treasurers , oath in parliament , earl of sarums complaint . tail , castle and honor of denbigh , error in parliament , restitution . chief justice , record brought into parliament , scire facias . seisin and grant of reversions to the king of dive●s mannors . seisin delivered by a ring of gold . justices , examination upon oath , surrender . bill , g●●●finers of london . oppression . imprisonment by parliament for refusing to aver a bill , tower. articles of agreement , brest , lords , prisoner of war ; imprisonment for contempt . tower. merchants , liberties to transport corn , victuals● manufactures , staple , forfeiture . staple of woolls . william de weston . pri●oner in the tower , constable of the tower , outherwick castle surrendred to the enemy , treason . judgment capital . tower. iohn de gomeniz case , prisoner in the tower , treason , surrender of the town of ardes . lords give judgment of death , beheading , judgment respited till the king was thereof informed . alice perrees . lords , accusation petition of richard lyons , witnesses examined , private lucre . lords pronounce judgment against her . banishment , forfeiture of lands and goods . kings minion , injustice in parliament . liberties of the church , great charter . peace , purveyors , variance from the record . kings regality saved , councellors . kings gifts examined , revocation . privy council . disabilit● , council restitution . answ. maintenance . kings minority , officers elected by the lords in parliament , chancellor , treasurer , steward , chamberlain , earl of oxford chamberlain by inheretance . privy council . officers sufficient . answ. privy council . liberties confirmed , corporations , treason , forts and peeces lost , bribes , r●stituti●n . answ. s●rvants wages , a●●ificers , labourers , victualers . extracts , poor , stocks . answ. artificers , wages , holy days . answ. petitions , acts , ordinances . answ. subsidy , tallage , account before the lords . answ. privy council . stranger , reprises . answ. restitution . swanny motes . forrest . answ. imprisonment , forrest , charter of the forrest , purlues . answ. perambulation , forrest , officers of the forrest , inquiry , forfeiture . answ. debts , exchequer . exchequer , officers , maintenance , p●iviledge . answ. marshals jurisd●ction . answ : popes collector , first fruits , benefice , provisions , rome , praemunire , alien● farmers , benefices● french. answ. lord● of the great c●uncil . fe●ff●es in trust . m●●●main● old law. answ. leets , taverners . answ. london , southwark , malefactors . answ. kings prejudice . coroner . answ. kings old right . commons , sheriff , essex . hertford , pardon● answ. kings pleasure . sheriffs . answ. clerks of the market . answ. religious persons , con●ribu●ion , fortification . answ. priviledge . popes reservative● answ. chancellor , chirographer , fine , fees. answ. wards , procheinamy . answ. assizes , continuance . answ. writs , hamblet , o●d law. answ. partition , parceners● answ. collusion . peter-pence . popes collectors . answ. justices of assize , nisi prius , exchequer , king. answ. northumberland , cumberland , westmerland , indictments , sheriffs turn . lords of the council . answ. villinage , doomsda● . soldiers , age , exemption , escheator , coroners , justices , fines . answ. statute kept . clergy , bigamy , old law , answ. aliens to avoid the realm . answ. dover , search , priors , sur●ties ●or good behaviour . retaining , liveries . felons , bishops-prison . answ. escheator scire facias , seisure , old law. answ. parliament yearly delays in suits● doubtful cases . answ. old usage . justice not to be deferred , answ. protections . commons petitions , averment , protectio● . answ. staple , calice , merchants , necessity , impositions . answ. council . pardon , bishop of winchester . conuzance of pleas , profits , morte ancestor . answ. allowance● old charter . eyre , trailba●ton , war. answ. bishops , clergy , tallage . answ● pardon general . sheriffs . escheator . errors , exchequer kings bench , parliament . ship , boat. deodand . answ. kings prerogative prisoners in the fleet , variance , omission , exchequer , ordinaries , pecuniary pains , spiritual pennance . answ. laws of the church . ordinaries , probate of wills , fees. answ. navies decay . answ. great council . parliament members not to be colectors , knigh●s fees , contribution . answ. lords liberties . kings councellors , servants . clergies liberties , fine . answ. clergies obedience , ordinaries . answ. prerogative , laws . clergies arrest . marshalsey , fees. answ. steward . purveyors , clergy , carriages . answ. trespass , treble damages , sheriffs , escheator religious houses . extortion . answ. tithes , variance from the roll. consultation , pension , ordinaries . answ● justices , old records sea●●led . prohibition , answ. parliament . tythes , averment . ordinary , consultation . answ. old law. prohibition . tythes , answ. sanctuary . watch & ward . answ. arrests , churches . london liberties , non obstante . answ. aliens not to buy merchandize . forfeiture . answ. merchants . aquitain . command of the kings officers . great seal privy seal , justices . answ. inquests , customs , impositions . mayor and chamberlain of london . o●phans . interpretation of their charters . answ. the king to interpret their charters . london liberties , generality and incertainty . answ. protection royal , debt , account , trespass . answ. victuals● newgate , removal , exchequer , kings debts . answ : barons of the exchequer . londons liberties , antient customs . the commons request to the lords . kings lands , goods , jewels to discend to his heir . parliament continued for days . bills read and answered . parliament ended . writs for wages . licence to depars the parliament . parliament adjourned for absence , sheriffs return of writs . bishops and lords absent . painted chamber . commons . chancellor , causes of parliament . churches liberty . lords of the privy council , parliaments sudden breaking up . danger of the realm , parliament , army , navy , supplies , kings debts . lords by themselves , commons by themselves , necessities , kings honour , realms safety . wars charge , treasurers of war. petitions . nobles committee kings revenues examined , subsidy of wools , maletolt , priors aliens , officers sees , annuities , kings moveables , kings houshold expences , fortresses , b●urdeaux● subsidy of cloth , cardinals possessions . wages for the wars . peter-pence . subsidy of staple wares released . poundage , subsidy of wools contitionally granted . pol-money . justices of the bench , chief baron , earl. mayor and aldermen of london . advocate , king in parliament . subsidy rel●ased . error in parliam . scire facias rehearsed . scire facias returned . atturney in parliament , errors assigned . exceptions to the scire facias , variance of the return and writ . return ave●●ed g●●d . e●rors as●igned . publike affairs pre●e●red to priva●e . d●fficulty , a●journment to the next parliamen● . feoffment and livery by the king by de●d , condition by paroll not mentioned in the deed , uses limited by paroll , obit perpetual , justices , kings s●rgeants , condition . kings executors . church-liberties , variance from the rolls , kings regality saved , great charter , forrest . petitions answered , statutes made on them before departure from parliament . answ. bills answered , parliament . perambulations , forrest , indictment of vert and venison , certainty . answ. loans , privy ●●al , 〈◊〉 customers , comptrollers ●●●ual . answ. kings pleasure . count palatine , chester , outlawry , tresp●●● , ●●lony . answ. rights sav●d . eng●ish 〈◊〉 in scotland , enlarg●me●● without 〈…〉 scots . answ. warden● . sheriff● , d●bts , accom●● . answ. kings council . theeves , deliverance . answ. goal-delivery . scotland , woolls transported , custom . answ. kings council . ships to de●end the sea , pyracies . answ. 〈◊〉 merchan●● . defence of the north coasts and seas , order consumed by parliament . subsidy● in post and 〈…〉 . a●mira● . sea coasts guarded . subsidy , receivers , comptrollers , cumberland , carlisle repaired . warden answ. kings prerogative . money transported and clip●ed , answ. minters , merchants . priors , aliens● prior of halenge , answ. sureties found . sheriffs not to be justices . loans repayed . answ. account . half-pence , far●hings , bullion . answ. sylva cedua , answ. riots , statute repealed , variance from the record . constable , marshal , treason , felony , jurisdiction . kings justices . great charter , answ. lords , office hereditary , wards , parliament , appeal of treason , kings pleasure , justices elected by the lords and commons . lawyers , association , sessions , wages , sheriffs . answ. kings prerogative , ass●ciation , remotion , councel fees. suit against the king. writs returned , respit to answer . answ. owners of ships pressed , losses recompenced , marriners wages , archers . answ. commons house , collectors , c●ssors , aids . answ. pardon , fees of the great seal . eyre . forrest . answ. treasurer for the wars discharged , treasurer of england , answ. merchants , bullion , surety , tower , knight , lady , apparrel , furrs , cloth of gold , silk , &c. answ. goldsmith , ma●k● , forfeit●ure . petitions , callis , liberties , chancellor and schollers of cambridge university , jurisdiction , victuals , measures , weights , major and bailiffs of cambridge . f●audulent conveyances , a p●inted sta●ute not in the roll. parliament at gloucester , parliament adjourned , for that divers lords and knights were not come . kings uncles , causes of parlia●ment . churches liberties , laws maintenance , peace . a parliament annually . parliaments advice , unity and concord . wars , aid . scots , truce , french and scots alliance . law of the land , law of arms differ . slanderers , sowers of d●scord . redress , commons house . receivers of petitions . triers of petitions . lord steward 〈◊〉 the houshold . enemies● kings expences in forreign parts . callis , forreign garrisons , ireland , wars , aid . the commons present their speaker . sir iames pickering . the speakers protestation . churches liberties , laws observed , peace . thanks rendred , aid denied by the commons . treasurer , kings coronati●on . army . aid granted upon future promise of discharge of aid . commons charg●d with 〈◊〉 surmise of a prom●se . witnesses . treasurers of wa● . citizens of london . commons demand an account of the aids formerly granted . councellors , great officers , an account of subsidies granted , how expended . commons require long●r day f●r e●hibiting 〈…〉 . kings pleasure . a coun●il of lords 〈◊〉 to confer with the c●mm●n● , c●mm●ns agreement to the lo●ds order . account of the receits and disbursements in the wars . forein garrisons , s●a well guarded . decei●ed kings g●ods praised , and d●livered to 〈◊〉 his c●editor● . archbishop of canterbury his speech and request . murder in a church by the altar in time of mass. temporal lords , kings education judges and common and c●non lawyers opinions delivered upon oath before the king. sanctuary not allowed in case of debt , &c. subsidy of woolls granted by lords and common● , skins . tonnage and poundage granted , wars , treasurers of wars , aids . e●ror in parliament . scire facias . sheriffs return , alias scire facias , next parliament . misdemeanor , imprisonment , duress , breach of priviledge , adnullation of marriage , council , commitment to the tower. council . commi●ment to the tower. alice perrers c●●e , 〈◊〉 in pa●liament , kings councel at law. attorney . error in parliament . attorney . lords order , kings favour . n●rwi●h , aliens , forf●iturr , monopoly . answ. norwich , customes there , aliens , ordinances , churches li●er●es , magna charta , & ● . answ. cornnwal , mariners , ships , spaniards . answ. councel . a●●ise , diss●●s●r . answ. riots and r●u●s . exchequ●e●● account● sweet wines , scottish money . answ. ordinaries extortions , probate of wills , summoners , bribes . answ. tythe-wood . answ. purlieus , perambulations , forrests . answ. freehold , council , common-law . answ. oppressions . justices of peace . answ. justice not to be stayed , great and privy-seal . corporations , liberties . patents confirmed answ. extents . merchandises , callice . justices of kings bench , prisoners , nisi prius , writs . answ. common-law . escheator . knights wages , contribution . answ. sheriff● accounts , liberties , fee-farm . answ. kings minority , sheriff● disc 〈◊〉 fee-farm . answ. pardon . labourers . marches of wales , wales , distress . answ. lords marchers . justices of peace ●ees . answ. sessions . delayes . kent , sea-coasts , nobles , contribution . answ. kings counci● . severn , nusances . answ. freehold outed , letters-patents , i●quests . ships taking , navies decay . answ. sea-guarding , pyrates and enemies , shipping . answ. labourers . answ. aliens . answ. lords advice . cardinals , pope vrban . isle of wight , damages . answ. statutes to be kept . merchant-strangers . merchant-strangers . mariners . pope vrban declared lawful pope by act of parliament . cardinals lands and goods seised , provision , praemunire . london , exactions , quindesms , clergy , lawyers , justices , sergeants , taxes , residence . yarmouth , liberties , herring fair , free-trade , herring . news . summons of parliament . parliament adjourned because many lords not come , nor w●its returned . painted chamber , all members to at●end . painted chamber , knights and burg●ss●s called , chancellor , causes of the parliament . churches liberties● laws maintenance , peace . r●gality of the crown impaired . rome , provisors . consultation how to resist forreign enemies , france , spain , scotland , wars raised , rebels in ireland , gascoin , defence of the kings dominions , aid , lords of the great council , account of publike monies and disbursments . petitions . chancellor , causes of parliament further declared , to●nage and poundage , subsidy revoked , soldiers , archers , kings deb●● commons elect their speaker . speaker , sir iohn gildesbrough . speakers protestation ●●d speech . ill government about the king. commons p●verty , lords of the great councel discharged , five c●u●cellors appointed , great officers to be named , chancellor , treasurer , p●ivy seal , chamberlain , steward of the houshold , not to be removed but by parliament . commissioners to inquire , kings expences , red●ess . commission granted , commissioners named . a●d granted by the lords and commons . loan . to be implo●ed only upon the warrs . subsidy of wools woolle●s and ●ki●● granted . imperials●ase ●ase t●eason , h. . forreign ambassador 〈…〉 judged treas●●● earl of salisbury , montacute , petition , error in parliament . processe , record , errors assigned , attorney , lieutenant of ireland . kings protection , protection allowed , tail , temphurst , ierusalem , scire facias , aid le roy. a deed produced in parliament . treasurer and barons of the exchequer , proceedings ●tayed , search for the king , pembroke , zo●ch , cantlow , triall , jury corrupted , trial by parliament . re●errees . chief justices , examination and report to the parliament , feoffment upon condition . church liberties , laws observation , great charter , forrest , variance from the roll. captains to recompence damages done by their soldiers to the subjects . answ. northern countries , warden , garrisons . castles , forts , sea-coasts , residence . answ. welsh-men not to purchase lands between severn and wales , forfeiture . answ. s●reties . marches of wales . welsh-men , robberies , rapes , felonies . answ. lords marchers . inquest of office , e●cheator , possessions outed , sureties , patent . answ. woollen cloth , alnager . loans repaid . five chief officers not to be displaced without special fault . answ. english merchants reprisal , scots goods . answ. mortuaries , armour . answ. provisions , variance from the record , popes abuses , n●velties , cardinals . archdeaconry of bath . writs of summons . chancellor , magna charta read , parliament adjourned because divers lords and commons not come , by reason of the soul ways and weather . commons writs not returned , kings command . many temporal lords absent upon the marches , kings justices , serjean●s , chancellor , causes of the parliament , churches liberties● peace of the realm , warrs and army in france and scotland . aids expected , defence , kings jewels pawned . gallies to keep the seas provided by the king , aid , speedy consultation and aid● receivers of petitions . triers of petitions . chancellor , commons house departed , their consultations , rancour and malice to be laid aside . commons consult together , speaker of the commons sir iohn oldersburgh , particulars of the kings necessities required , commons poverty , kings officers , a particular schedule delivered the commons amounting to one hundred and fifty thousand pound . the commons desire a moderation of the lords , commons grant a conditional aid , if the clergy would give such a sum . poll money , clergies priviledges , to the aids in parliament , of their free wills , poll money granted , subsidies of wools. sir ralph ferriers accused in parliament of action of treason before the lords , lords judges , in parliament . evidence against him , letters of intelligence produced against sir ralph . letters to the admiral of france . letters out of france , parliament , marshal of england , councel required , and denied , his answer to the letters and evidences , improbabili●y . s●r ralph●emanded ●emanded to prison , parliament , the letters and their credits examined , the letters seem forged . sir ralphs answer , combate offered and denied . the lords think him innocent . he is bailed by pledges body for body , next parliament , chief justice . begger committed to prison for forgery . great charter and other statutes confirmed . answ. commission of surv●y sealed f●es f●r the commissioners . answ. taxes , warrs . answ. prerogative . tax how to be imployed , warrs , answ. chester , durham , cinque ports , answ. half pence , farthings , answ. ship , deodand , favour , normans ships , answ. error , oath , suggestion , answ. outlawry , addition . answ. common law , o●sl●● of possession , e●quest of office , escheator , patent , answ. sheriffs discharge , impossibility . answ. pardon . . e. . , . yarmouth , patent , revocation , monopoly . kirkley road . answ. commissioners . yarmouth . victuals , butter , cheese , transportation ●●●e . lincolnshire bounds , commissions . answ. derby , assizes , justices answ. sussex and surrey , sheriffs allowance fee farm , earl of arundel , answ. popes collectors , first-fruits . prohibition , answ. debts of e. . be paid , prior aliens removed . answ. answ. sheriffs , pardon of felony , riot in york . major of york , unduly sworn and chosen by a writ . answ. commissions to enquiry of the riot , sergeants at arms to arrest the principall rioters , and bring them to the councel . the undue elected major to cease exercising his office , and appear before the councel , iohn de gisborn commanded by writ to execute this office. wines , gageing of them . parliament adjourned , becau●e all the writs not return'd . painted chamber , commons all called by name , chancellor , causes of parliament , subsidy granted with proviso . council of lords , voyage royal into france , lords , soldiers , wages , merchants , security . causes of parliament , lords and commons advice . petitions . commons desire to know the sum required . loan , assurance . knights of shires , conference with the lords , merchants conferred with . commons and knights debates report to the lords . merchants , loan by the nobles and gentry . assurance . merchants , mony advanced by loan , wools. merchant strangers , staple , free trade , subsidy , seas guarded . parliament , heresie . parliament adjourned because all souls day . parliament adjourned , because sundry sheriffs had not returned their writs . parliament adjourned because many knights and burgesses made default . debates between the duke of lancaster and earl of northumberland , who came with divers armed men and archers to the parliament , parliament adjourned by reason of their armed power . king , councel , and nobles , desired to appease the discord . the councel called by name in parliament ; archbishop elect chancellor of england , his oration , causes of parliament . vice suppressed . receivers of petitions . triers of petitions . causes of parliiament . commons called all by their names treasurer of england . churches liberties , peace , tumults , rebellion , villanies . manumissions great seal , revocation , kings wants , aids , commons house . commons present their speaker sir r. vvalsgrave , he desires to be discharged , charged on his allegiance to continue . speakers protestation . he requireth a more full declaration of the kings meaning . chancellor , v●llains , repeal of manumissions . parliament , comm●ns , repeal , infranchisement , commons assent . committee of lords to confer with the commons . general pardon desired . old order of the parliament , commons to shew their conceits to the lords . commons protestation , ill government about the king. purveyors , commons pilled , enemies unresisted . privy-council , reformation must begin at the head , kings confessor secluded the court. commons devises wise men to be appointed about th● kings person , wise officers . chancellor to be elected , chanceries enormities redressed . treasurer , barons , exchequer-officers justices of both benches , serjeants &c. commons to view the names and ordinances , before confirmed . tumults suppressed . realms great poverty by the wars . money exported , base money . low price of wools , tin and lead . lords and nobles , ordinances executed , general pardon desired . law regulated , clerks of chanc●ry , justices , barons of exchequer , lawyers , lords , &c. report to the lords and commons , exchequer . pardons required confirmed in parliament . pardon . rebels pardon , excepted person● archbishop slain , treasurer slain , chief justice slain , due remedy . pardon for those who rose not . commons request law-made , ordinance against purveyors . kings charges great , kings marriage with anne daughter to the emperor charls . aid for safety of the king , state , and common wealth . peoples ill will , commons dare not grant greater taxes . subsidy of wooll and staple-wares , commons unadvised . parliament adjourned till after christmas , further advice , queens arrival . earl of arundel , sir mic. de la poole . custom of parliament , pardons . king used not to grant ought to the commons , till they granted something to him . commons answer , subsidy delayed . kings answer , pardons delayed . commons better advised , subsidy of wools and staple-wares granted with an interruption . pardons openly read , commons thanks . commission by parliament to stay riots , insurrections , rebellions . mainp●isors discharged . enlargement● richard cl●nd●n e●quire . bill of accusation , sir william coggan menaces , extortion● combate . c●uncel desire in par●iament● denied in treason , a●swers amended triall adjourned ●ou● of parliament before the justices , common law , major and commonalty of cambridge accused , insurrection , universities treasurie robbed , universities charters , chancellor and the universities released by duress , university seal . writs to the m●jor and commonalty of cambridge to appear and answer in parliament . a writ to the major and bailiff , they appear in proper person , the commons appear by a●torney . not guilty pleaded by the major . deeds redelivered , sealed , gotten by duress . r●lease of liberties &c. by dur●●● . release of actions . deeds by duress cancelled . chancellor and scholars articles and petition againts the mayor and bailiffs . their answer required , liberties forfeited . copy of the bill , and council desired . submission to the kings mercy . liberties of cambridge seised by consent of parliament . priviledges and liberties granted to the chancellor and university of cambridge . liberties granted to the mayor and bailiffs of cambridge . sir william de burcestor and margaret his wise , their bill of complaint . traverse in parliament of the bill . principal rebels excepted out of the pardon by name . parliament adjourned , christmas , queen● coronation . parliament reassembled . parliament adjourned because some of the lord● not come . duke of lanc●sters offer , loan of l. portugal , spain . subsidy granted conditionally , to be imployed wholly on the wars , councils advice , staple , calice . if a league made , the subsidy to be laid up for the commons ease . duress , insurrection , entry congeable . forcible entries , imprisonment . fine . councel , evidences purloined , burned , or cancelled , in the insurre●●ion . church liberties , great charter , forre●● . answ. kings gifts void . answ. kings dishonour , assent of his councel to his gifts and grants , oath of great officers and lords , ordinances . answ. purveyors . queens debts , pardon . answ. sheriffs accounts pardoned , insurrection , answ. collectors of subsidy . issues pardoned . collectors of subsidies , oath , exchequer , pardon of debts . answ. exchequer , attorney . collectors of the subsidy , account , comptrollers , surcharge . forresters , forrest , perambulations . exemplifications , insurrection . fine . sheriffs allowance , fee-farms . prohibition , tithe-wood : answ. fines for writs , chancery . answ. kings old revenue yarmouth , monopoly , charter repealed , provisors . answ. alien , benefices . answ. fraud , mortmain , extinguishment , entre congeable , heirs , executors , captain , wages , account . answ. sea captains , wages . answ. pardon , insurrection , s. edmonds bury . justices of peace , goal delivery , barons of exchequer . accounts in the exchequer , omission in the print . accounts . accounts . clerk of the pipe , remembrancer . livery sued . fees , exchequer . barons and officers in the exchequer . learned in the law , skilfull . pardon enlarged . money , vari●n●e from the roll. shipping and navy , merchandise . wines . entry into lands . repeal , manumissions . painted chamber parliament adjourned because diverse lords and commons not come . sheriffs return . painted chamber . commons called by name . chancellor . causes of parliamen● . liberties of the church . keeping of the peace and laws . good government of the realm . defence both at home and ab●oad . north ma●ches ireland , g●sc●in portugall . garding the seas . aydes . petitions . all members attendance required causes of parliament● reported more fully . bishop of hereford . doubt . hope . realms misery . enemies not like to be conquered● alliance with the flemmings . duke of lancasters co●quest of portugal and spain . loan● . money to be raysed with least loss . voyages flanders spain . croiseries . bishop of norwich . anti pope . po●es pardons . commons house and places of meeting . speciall committee o● lords desi●ed to t●●at with the commons . subsidy granted one th . and one th . realms defence . advise of the kings councel and lords . insurrection prin●ciple malefactors exempted from pardon . process aga●nst them in the kings bench. traytors . submission of a long suit in the kings bench to the king and his councel in parliament . kings pardon to york . fine for it . kings pardon to scarbou●gh . fine for it . pardons . pardon to beverly fine . murder pardoned fine for it . pardon . york . scarborow . staple : callice . councel . lords advise , spains invasion approved . liberties , great charter , forrest . purveyors . abatement of writs . assizes nusance . merchandize english vessel● annuity , rent charge . res. sea guarded , poundage . res. aliens : benefices● res. sweet wines . wars with scotland . residence . york . res. kings councell . enrolment , exemplification . fair : trail-baston . exchanges : merchants . resp. license . admirall of the north. sea coasts guarded resp. justices of assize partiality . resp. justices : sessions yorke , northumberland , cumberland , westmerland . resp. assizes . justices enrolment . damages . resp. kings person and houshold . kings revenue . wars . commons ease . resp. pardon , treasons , felonies , insurrection , persons excepted . cheshire men , rapes , oppressions , lawless . resp. chester liberties . ravishers . variance from the record . commons . bishop of norwich . army allowed . invasion of france . popes crosier . anti-pope . french. resp. kings councell . patent enquest of office . excheater . kings title . resp. pardon of trespasses . jurors ; maintenance . sheriffe of essex , hertford . pardon . commons . popes collectors . first fruits . commons . barons of exchequer . discharge . revocation of a statute , becaus the commons assented not thereto . prelates . commons . transportation of corne , whence . forfeitures , licenses . victualler● : offices . fish. forestallers : fish. usury : brokers . resp. usury . law of the church . ex●ortion , oppression , frauds common law. officers oath . london . london . fishmongers . kings protection . peace . forfeiture . fishmongers . malice . imprisonment . london . peace , rebels . slander in parliament . inquirie . parliament adjourned because sundry writs not returned . sheriffs returns . ch●ncellor . caus●s of parliament , churches , liberties , laws preservation , peace of the realm . ayd granted . royall voy●g● . french king. flanders . gaunt . great c●uncell . kings safety and honour . parl●aments advise required . army . money , speed. petitions . commons debated . committee of lords debated . confe●ence . kings election . commons . spe●ker of the commons . protest●tion . king and lords properly to consult of wars . commons advice . royall voyages . bishop of norwich : anti-pope . french. scots . leagues . wars . king not to be spa●ed out of the realms . commons spake not by way of counsell . advise . bishop of norwich his proffer . subsidy poundage and tunnage . seas guarded . army . sea garded . admirall of the west . ships of war. church liberties . great charter . poundage and tunage . sea guarded . res. marches of scotland , barwick . carlile . truce with scotland . res. purveyors . ready payment . res. wise men. chief officers approved by parliament . res. lords advise . kings prerogative . pardon . variance , kings councell . kings houshold . king to live upon his own . res. lords advise . commons . londons liberties . strangers . victuallers . bishop of norwich offer . wars . kings care of his subjects . generall . the bishops offer accepted . lievetenant elected . nobleman . bishops generall license to pass on with the bishop . audience . lord de la war. spain , peace . kings councell . kings honour . writs of summons . parliament adjourned because sundry lords and commons not come . sheriffs return . painted chamber . king. all knights and burgesses called by name . chancellor . forc●d to the place . causes of parliament . truce with the scots near expired . peace . war. preparat●on against enemies . spain . france . flanders . offensive wars best . wars descended with the crown . good laws . peace . ayde . petitions . lords and commons consult severally . money first to be raised . fifteen granted by schedule . tunnage and poundage granted on condition . clergy . contribution . bishop of norwich . account . admirals seas guarded . tunnage and poundage . bishop of norwich a●cused . breach of trust . account of monyes . time to answer . his p●o●estation . selling the castle of graveling to the french. bribery . account , payment . imprisonment . proclamation . brib●s received . arm●es . wages . treason . chancery . treason . fo●ts surrendred to the enemy . bribery . n●cessity . imprisonment . chancellour . bishop of norwich charge . bre●ch of promise in military service . no muster . want of number of souldiers . no generall . generall to be chosen by the king. the bishops answer . councell . prot●station . commission . gaunt . ipre , besieged . sickness . speed. no muster . captains general . lieutenant . general . chance●lors reply . his answer insuffi●ient . imprisonment . fine ransome . temporalities seised . fail of service in w●ts . to serve elsewhere . sir ro. hulmer inlarged . bishops answer . purgation . chancellors replie . bishop . sword. fine and ransome . lords judge and censure him . temporalities seized . treason in surrendring forts for mony . bribery . generals . excuse . submission . chancellor , judgement by the lords imprisonment fine , ransome . petitions . church liberties . great charter . forrest . justices and barons oaths . bribes . res. justices of peace . vagabonds . saylors . sureties . imprisonment . statute of winchester . wollen cloth . variance from the record . purveyors . praemunire . variance . sheriffs . escheators . kings prerogative . imposition on wools discharged . seas guarded . res. kings counsell . admirals . london . liberties . non obstante . fishmongers . victuallers . mayor and aldermen . jurors . nisi prius . officer convicted . falshood . disability . restitution . forrester . chymmage . forrests . castles sufficiently furnished . marches of scotland . residence . oyer and terminer . kings counsell . res. kings prerogative . sheriffs . fee farms : liberties . chancellor . treasurer . allowance . fishmongers , victuallers . vintners . variance from the record . scarborough . pyrars . defence of the seas . contribution . res. kings counsell . admirall . burgesses . libertie . charters . mainpernors provisions rome . variance from the record . possession disturb . commissions . chancery . privie seal . bills in parliament answered , res. k. counsell , king. captains accompts . exchecquer , debts pardoned . res. irishmen . pardon . presentments . benefices . temporalitie of bishops . res. ordinaries . extortions . res. variance f●om the record . non residences . i●eland . res. statute of northampton . armour . quare impedit . plea rased . plea new entred cleark punished . protections . res. armour . victualls . scotland . variance . fo●resters , forrest . vexation . variance . imprisonment . double damages . fines and ransomes . queen . gold. ward . r●s . guilford . insu●rection . charters forfeied . fees. pardon . kings prerogative . maintainers . va●iance . writ● of summ●● parliament adjourned : for that some lords and commons not come . writs not returned . king. chancellor . causes of parliament . churches liberties . laws observations peace kept . peace with france . kings prerogative peace . expences . defence . guienne . ireland . advise to rayse moneys . petitions . commons desire a committee of lords . conference . commons request a committee of more lo●ds . a tenth and fif●teenth granted conditionally . wars . clergie . complaint to the commons and lords against the chancellor . suretie of the peace granted against him . his sureties . chancellor accused of bribery . lords judges● delayes . no justice . chancellor cleared by himself chancellors answer before the lords and commons . justices and serjants vouched . his oath of purgation . otier upon oath cleareth the chancellor . witnesses examined upon oath in parliament . chancellor requireth reparation for the slander . bayle . the lords refer it to the justices . cavendish condemned in . marks for his slander . imprisonment . fine and ransome . commons modesty . peace referred to the kings councell . commo●s desire peace , nor w●r . th●y understand no● t●●ms of c●vill law. know not what to say . gui●nn● . ca●lice . conquest . envie of france . peace desired . st. edmunds bury . insurrection . sureties for good-behaviour . recognizance . prior of montague . alien . petition . sciri facias . ayde of the king. amendment . new entry . amendment . enrollment . error in parliament . sciri facias . appearance next parliament . protection . petitions . churches liberty . great charter . forrest . sheriffs escheator res. aldermen of london election . res. sheriffs allowance . res. chancellor . treasurer . ravishers . res. forfeiture . writs of summons parliament adjourned . king and lords sit . knights and burgesses stand . chancellor . kings care of the church . commons . laws . causes of parliament . f●ench . spaniard . flemmings , scots enemies . resisting enemies . treasure raised . kings person and example . defence . french treachery . treaty of peace . victory . early in the house . melancholly passions . to begin with most needfull matte●s . no mixture of orders . maintaining and parts abandoned . petitions . two fifteens granted conditionally . if the king go not in person , or if peace the moity to cease . cambridge vniversity and town . kings patent explained . chancellor of cambridge . measures . fees. regrators . victuallers . walter sobbell arrested . brought to parliament . ro. vere earl of oxford . peer slandered . ma●ntenance . earls innocency protested . imprisonment . submission . lords , judges , fine . marks damages . imprisonment fine ransome . dame windsor . judgement in parliament repealed . restitution . res. king● saving . prior of montague . error . sheriffs returne . appearance . errors assigned . error in parliament . ayd denied . patronage . peace . war. kings grant. judgment reversed from ever . restitution . chancellor . execution . writ of right , scire facias . petitions . churches liberties . justices of assize● justices . barons . fee. variance . lands seised . kings debt of record . resp. castles unfurnished . marches of scotland . resp. prohib●tions . tith wood. chester . fellonies . forfeiture . resp. fry of fish. thames . nets . resp. rye . winchalsey . invasion . resp. sheriffs . under-shiriffs . escheators . res. chancellor . kings prejudice . kings pleasure . souldiers . false entries . clarks . rolls . attornies . search . imprisonment . fine . resp. chancellor . clarks . exchecker . pardons . extortion . resp. kings pardon . resp. common law. constable . marshall . escuage . scotland . writs of summons . parliament adjourned for that sundry lo●ds not come , ●or wr●ts returned . chancellor . king. causes of parliament . realms defence against enemies forraign and domestick . staple . mo●y , coyns . defence . stapl● . call●c● . towns d●cay . staple beyond sea prejudiciall to the kings custome . coyn transported . value raised . wars offensive . subsidy demanded . necessity . parl●ament to consult about it . petitions . fifteen and a half granted on co●dit●on . iohn king of castell duke of lancaster . seas guarding . marches defence . subsidy of wools woolfells , and skins granted with in erruption to hinder prescription as a duty . staple . king and councell . complaint by mouth . tenu●e by thonage . county palatine o● lancaster . entry w●thout livery o● su●re . chancery of the dutchy . justices advised w●th . kings learned councell . entry unlawfull . petition in the chancery of lancaster . edmund earl of cambridge made duke of yorke . tayl. annuity out of the exchecquer . confirmation in parliament . girding a sword. cap , and circle of gold. th. earl of buck. created duke of gloucester . parliament confirms it . michael de la poole created earl of suffolk● . tayle . creation mony and lands . confirmation . girding a sword. robert de vere earl of oxford , created marquess of dublin . robert de vere earl of oxford : created● marquess of dublin . lands and revenews of ireland . regalities . conque●ed lands . confirmation . girding a sword. circle of gold. statutes observed sheriffs accounts . oaths discharged . res. devonshire . sheriffs accounts . res. councell . sheriffs discharged . res. k. councell . sheriffs accounts . res. contribution . knights of the shire . res. sheriffs inquest . chancery . travers . lease . surety . res. kings debtors . heirs . lease . extent . res. villanies . ships pressed . navey . scotland . apparrelling . commons house exempted from collectors . constable of the tower of london . passage : purveyance : exactions . major and commons of london . purveyors . justices of peace . kings houshold . chancellor . treasurer . privie seal . res. marches . residence . kings favour . st. iohn . of ierusalems . responcies money . res. rhodes . turks . captains residence . farme . inquisitions . res. res. sea guarded . admiralls nominated . kings councell . res. kings chief officers . kings prerogative ad pleasure . patents . ●●y persons . secular priests . revocation . res. commons petition . escuage pardoned . scotland . treasurers of war. subsidy duely imployed . war. kings revenews laid up . none of it given away . bannerets . commissioners . kings debts . kings councell . kings clearks . first fruits to the king. res. kings servants . fee. marches of scotland : res. statutes not in the record . chancellor . king. causes of parliament . kings intent to pass the seas . councill at oxford . kings passage . offensive war best , cheapest . to avoyd reproch of cowardise . to gain his right to the french crown . to gain honour . frances invasion of england . advise thereon . laws maintenance . peace preserved . petitions . chancellor impeached by the commons . articles against him . purchasing the kings lands whiles chancellour . deceit of the king. chancellors . demu●rer . represents the kings person . counsell . answer by proxy at councell not admitted . personall answer . his protestation and answer . counsels advice . he purchased no lands . lands given him with his earldoms . exchange . customs of hull . his counsels answer . his just demerit of what he had . the commons reply . his oath of chancellor . exchange of good lands for a casual custome . judgement prayed . priorie of st. anthonies . prior alien . schismaticks . provisions . annuity . commons replication . sir william thorpe chief justice . his judgement of death . forfeitures . bribes . chancellors rejoynder in . oath . difference between thorpes case and his . bribes . chancellor arrested at the commons request . committed to the constable of england . parliament priviledge . bayled . judgement against him . oath b●ok●n lands given him restored to the king. mean profits restored . h. earldom● saved and . l. out of the county of suffolk . judgement against him for the lands exchanged . lands exchanged . priory of st. anthony . dover charter . great seal . repeale . half desm and qu●ndesm granted . tunnage and poundage . subsidy of wools and staple commodities . upon condition . commissioners to redress enormities . kings councel not to be removed . grant and conditions . exemplified freely . great seal . great charter . forrest . patent . kings prerogative saved . chief officers . chancellour . treasurer . privy seal . steward . great councell appointed for a year . resp. steward of his houshold . kings councel . cardinal . alien . prebend . benefice . resp. priors aliens . great yarmouths liberties confirmed . free trade . herrings . justices of the b. no reward . resp. justices charged to do right . barons of exchecquer . inquisition . liberties granted . sheriffs allowance . resp. kings councell . protection . delay . victuals . scotland . safe conduct . resp. license . serjeants a● arms mi●demeanour . expulsion . resp. pro●ogation . assize nov. delay . resp. ships serving the king. wages . res. kings councell . north quarters . resid●n●e . resp. comptrollers of ports . grants . resp. charters repealed . chancellor . resp. kings councell . archbisho●s protestation . commission . archbishops prerogative . not to be sworn to any inferiour to the pope . his oath saving his prerogative . the kings own protestation . prejudice of the king and crown . prerogative saved . parliament ended . writs of summons . writs of summons . chancellor . causes of parliament . troubles . want of good government . king better counselled . good government . peace observed . laws maintained . just●ce administred . misdemeanors pun●shed . realms defence . seas guarded . marches of scotland . guienne . charges levied . petitions . duke of gloucest . slander . king deposed . u●urpation . submission to tryall of the lords . the king purgeth him . lords claim their liberties . matters of parliament . peeres . course of parliament . the law thereof . laws civill . laws common . not the law and rule of parliament . lords appellants . protestations . appeal . gods honour . kings ayde and safetie . self preservation . arch-bishop● and cl●●g●es protestation . entred . treason . canon●c . law. bishop● absent themselves in cases o● bloud half d●sme and fifteenth g●anted conditionally . seas defence . no president . subsid●e● no● usually granted till the end of parliaments . realms and merchand●ze defence . tunnage and poundage granted : subsidie of staple ware. all lords and commons sworn in parliament to ke●p peace . live and dye in the lords appellant● quarrel . allegiance to the king. kings prerogative . laws . parliament adjourned . easte●s approach . writs of summon● . pa●liament revived . subsidie granted on woolls , wool-fells , skins . realms defence . aliens . lords charges levied . tunnage and poundage . kings grant . lady anne barns . forfeiture . annuitie . kings grant of lands confirmed . lords request . lords request . clerk of the crown . c●mmons request . parliament . res. kings attendants . kings person . parliament . kings councell . servants removed . lords oath . res. proof . oath . repeal . laws observed . peace . lands escheated● not to be granted● wars kings profit . res. offices . bayliwick● . councell . queens contribution to the houshold expences . dower . res. councell . popes impositions . bulls . novelties . kings wars . scismaticks . scotland . treason . res. clergies half desme . praemunire . res. bohemians . aliens . banished . queen . praemunire . res. notice . chancellor . steward . chamberlain . merchants . annuities . impositions . sheriffs accounts . gaoles . res. kings councell . pardon . privie seals . assizes . gaole deliverie . lords expences . commons request . pardon . london . persons excepted . fo●feitures . escheates . charters . archbishop of yorke . attainder . judgement confirmed . no pardon . kings person . misgovernance . staples . callice . bullion . resp. kings councell . chancellor . privy seal . courts of justice surveyed . officers unfit removed . comptroller . weigher . good behaviour . kings pleasures bishop of ely chancellor . commons request . sir iohn holland . created earl of huntingdon . girding with a sword . tayle . creation mony. patent confi●med . peers . lords merches . residence . cast●●s . kings charges saved . resp. commons request . kings oath renewed . oath . mass. sermon : king new sworn . fealty . hom●ge . lords and commons swear . lords and commons oath . to suffer no repeal . to maint●in the laws and custom● . peace kept . bishops excommunication . lords thanks to the king for his justice . kings thanks for their grants . writs of wages . parliament ended . printed acts not in the record . writs of summons . w●its of summons . chancellour . king. kings ●ull age . liberties enjoyed . enemies . france . spaine . guienne . scotland . ireland . consultation . peace . defence . ayde raised . petitions . chancellor . treasurer . lords of the great councell . privy seal . officers pray to be discharged . great seal succeeded . exchecquer keys . lords of councell . complaints . cmmons respite . officers acquitted officers restored and ●einvested kings councell . kings prerogative councellors . parliament . oath of councellors . assize . prioress of d●tford . value . pa●liament . rom. arch-deaconery . kings prejudice . laws . praeminire . mo●gage paid : lands not restored . writ to appear parliament . common-law . appeal . jury sufficient . bishop dean : chapter dean of lincoln . liberties . tryall . writ . lords . major and bayliff● of lincoln . appearance : commonalty : contempt : assize : juries : lincoln : false verdict : attaint : kings bench : common pleas. sheriff : non obstante : universitie of cambridg . petition . ministers . major and bayliffs of cambridg . treason , felony . triall● ju●y . commonalty . warrant . contempt . appeal . damages . marshallsey . error . sciri facias . parliament . sureties . errors . damages . mainperners . parliament . chancellor . writs . deliverance . sciri facias . sureties . annuities . justices . banishment . ireland . wives of exiles . non obstante . councell . priors aliens . iuduction . exemption . non obstante . priory . clergie . subsidy on wools granted . aliens . tunnage granted . wars . parliament . duke of aquitaine created . crown . rod of gold. tenure . france . homage . thanks . protestation . wars . defence . charges borne . kings councell . earl of rutland created . annuity . okeham . forrest . sheriffwick . exchecquer . charter confirmed . archbishops and cleargies . protestation . they will assent to no statutes restraining the popes authority . enrolment . protections . variance● constable . marshall . constable of dover . forraign plea. kent . castle ward . answer . kings inheritance . liveries . res. serjants at arms. liveries . fraternities . resp. chancellor . common-law . proces● of law. resp. kings prerogative sav●d . sheriffs allowance . liberties . resp. examination . kings councell . provisions . rome . variance . forfeiture . imprisonment . chancellor . subpaena . kings councell . chancery . common-law . resp. kings prerogative saved . marshall . jurisdiction . clark of the market . pardon . staple callice . labourers . variance . receit . variance . justices of peace . oath . variance . admirals● weights ●nd measure . popes coll●ctor . ban●●hm●n● . king enemie . oa●h . resp. rome . bulls . com●l●●n●s . oppressions . resp. law. king pardon . north●mb . cumberl . westm●rland . fines . amercem●nts . worsted . free trade . non obstante . shoomakers . ray cloths . cognizance . water baylie : callice . custome . exaction . const●bl : wooll weighing : resp. suspension : cloths : variance : bounds : holland● : kestiven : commission : custome kersi●s : resp. king bette● advised : welshmeu : resp. lords merchers : cocque● , woll● : collasion artificers : hunting : collation : presentment : variance from the record : chancellor : parli●ment ended : variance from the record : castles : gaoles : printed statutes not in the record : bishop dean and chapter of lincoln : salmon : pilgrims : w●its of summons . chancellour . leagues with france . peace concluded by assent in parliament . scots . league refused . war● , its charges . ireland . fo●tr●sses , se●s kept . ayde . good laws . petitions . staple removed . callice . alien . sureties . english merchandize . exchange . oath . officers : staple . prices . staple . va●●ance . wools transportation . english ships fraighted . duke of yorke and gloucester . assurance . tayle . kings promise . justices . castle of brionell . forrest of deane . confirmation . forrest . earldome of richmond . forfeiture . judgement by the king and lords . t●eason in adhering to the kings enemies . duke of brittain earl of richmond . judgement not enrolled . k●ngs prerogative kept . nota. kings freedome . subsidy of wools , &c. tunnage and poundage granted conditionally . realms defence . staple removed . statutes observed . sheriffs . escheators . mony scottish . sheriffs overcharging . resp. kings counsell . account . ordinance . escheated lands . kings advantage . resp. pardon of debts and relief . northumb. cumb : westmerland : oppressions . trespasses . cheshiremen . resp. chester liberties . usury . resp. iohn nott. mayor of london . ordinance . merchant strangers . collusion . cocket . strangers goods . kings customr . forfeiture . customers . comptrollers . v●riance . bakers . measures . corne. resp. silva cedua . e●planat●on . tithes . resp. garnsie . iarsie . sercke . aureney . exemption from tolls . customs . kings leiges . kersies . customs . stewes . broth●lhouse● southwarke . admirall . jurisdiction . resp. kings councell . mills . stankes . kiddels . thames● resp. gaging rhenish wines . commons request . judgement in parliament repealed . iohn de northampton . treason . outragious wages . masters of sh●ps , marriners . resp. admirall . lords and commons th●nks . good government . zeal to them . kings thanks for their grants . chancellour . writs for wages . parliament ended . printed statute not in the roll. passage . dartmouth . writs of summons . chancellor . king. causes of parliament . church . laws . liberties amply enjoyed by all . peace kept . laws obse●ved . p●ices of wools inhanced . wars maintained . p●ovisions . pope . petitions . staple . free trade . wools. alien . gold. bullion . callice . kings councell . commons trust i● the king. tolleration of provisions . commons dissent the next parliament . commons protestation . noveltie . example . appea●anc● before counsell in mannou● courts common law. desmes and f●fteens gran●ed cond●tionally . k●ngs voyage . peace made . defence of the realm . commons request . eyire suspended . trayle le baston . oyer and terminer . vrgent necessitie . subsidies confirmed . k●ngs prerogative enlarg●d . non obstante . statute repealed . kings thanks . recognizances . sta●le . commons declaration . treaty of peace . duke of guienne . prior of holland . ryot complained of . serjant at arms. commission . ryo●ers taken and brought to parliament . imprisonment . f●eet . kings pleasure . f●ne . chancery , su●et●es for good b●haviour . embraceries . a●b●tt●ement refu●ed . appearance in pa●liament . awards affi●med and entred . ordered to be performed . chancellor . duke of lancasters stile . steward . sir will. bryan . popes bull. excommunication of thieves . bulls ●ead in parliament . prejudiciall to the king and laws . judgment by king and lords . imprisonment in the tower. kings pleasure . false accusation in parliament . sir iohn and sir ralph su●tton , conspiracy . imprisonment . fleet. major of b●adwel . the accusers imprisoned . kings pleasure . imprisonment . misinformation in parliament , arch-bishop of canterbury . excommunication temporall cause . lords : judges . error in parliament for a judgment in kings b. sciri facias . next parl●ament . record . error in parliament . scire fac . error in parliament . scire facias . edmund basset . petition . continuance petition . contribution . bridges repair . gardians in trust . capacitie . statutes observation . forcible entries . dover castle . ordinance . res. sheriffs overcharged . accounts . liberties . res. kings councell . admirall . variance . measure of corn. religious persons . commons request . iohn northampt. restitution . non obstante . commons request . richard norbu●● pardon . restitution . parliaments assent . pardon . charges allowed . b●est castle . kings councell . knights fees. res. common use . impropriations . villains forfeiture● res. cloths of gilford barwick . woolls . customs . res. barwick : victuals . variance . kersies customes . resp. silva cedua . tithes . resp. kings pardon . allowed . res. forrest . chyminage . res. wales . arrests . res. tinne . girdlers . ships . english merchants . forfeiture . res. villains seised . res parliament ended . variance . parliament adjourned● king. arch-bishop of canterb. speech . causes of parliament . peace . ayde . kings expences . advice required . provisors . pope . debate . receivers of petitions . triars of petitions sir phillip courtney a knight to devon , petitioned against in parliament . d●scharged his service by the king till his purgation , resto●ed at the commons request upon his submission . ordinances . priors aliens . patents . commons grant to the king to dispence with the statutes of provisors right of the crown . next parliament . commons assent . ordinances . vniversities of cambridg and oxford . that the king may make his testament . subsidies granted . eyres suspended trayle le baston suspended . oyer and terminer . desseisin and oppression complained of in parliament before the lords submission in parliament . to an award : complaint of a desseisin and oppression . lands entailed , not forfeited by attainder . duke of ireland . restitution in parliament to lands , and honour to the heir of the duke of ireland . trayle . the kings pardon to the duke of lancaster by assent of parliament . treasons . kings councell . error and scire fac . on it in parliament . error and process on it . the arch bishop of canterburys protestation against the popes usurpations , provisions , and excommunications in england . realm of england . freedome . royalties . protestation entred . sheriffs . councell table . impositions . damage . resp. navies maintenance . weights . resp. conspirations . trialls . chancellor . nusance ordered to be mended . butchers of . l●ndon . order● . thames . clearks of courts not to be atturneys . res. councell . customes for wine . tunage . res. tith wood. res. bishops moved . liveries . pardon sued for in parliament for treasure trove . res. petition to the king , not parliament . merchant . strangers . variance . president of wales . welsh-men . res. parliament ended . statutes printed not in the record pa●liamen●●●●jou●ned . chancellour . k●ng . causes of par●●●●ment . l●berties to be enjoyed . peace kept . wars begun by by assent in parliament . monys for defence of guienne . callice . ireland . scotland . petitions . sir iohn bussey speaker presented . protestation allowed . pet●tion quashed . error . petition quashed . error . petition . error . continuance . petition . restitution to lands . kings award . champerty . kings councel . reference . decree . privy seal . chancellor confi●ms an award . great seal . injunction . writ of execution petition . common law. privy seal . supersedeas . champ●rty . judgement . common law. ri● earl of arundel his accusation against the d. of lancaster . k●ngs honour . du. of lancasters arrogancy . h●s livery the s●me with the kings . menac●ng words in councils and parliament . kings disprofit . du●chy of guienne mass of money for his spanish voyage . peace made . the duke justified . award by king and lords . pardon craved for words in parlia●ment . tunnage and poundage granted . to cease if peace made . b●istoll . assize of fresh-force . mayor and bayliffs of bristoll . error . error in parliament . scire facias . next parliament . record . speciall erro● assigned . error . scire facias . error . 〈◊〉 faci●● . pe●ce ass●nied to with france by parliament upon condit●on . king to do no homage . king● and realme l●be●t●es sav●d . kings title . commons declaration by their spe●k●● . peace passeth t●●eir capacity . they r●fe● them●●lv●● to the king and councel . homage . sovera●gnty . resort . homage for guienne . crown of england . king● title to france . kings favour to the justices banished into ireland . revocation . commons answer . breach of oath . outlawry . appeal of murther . error in parl●ament . scire facias . process . iohn duke of lancaster steward of england . sir th. talbot . conspiring their deaths . treason . parliament to judge thereof . kings and lords judges in parliament . declares of what is treason . writs to the sheriff . capill● returnable in k●ngs bench. proclamat●on . conviction of treason . forfeiture . receiving a traytor t●eason . popes provisions allowed to the bishop●ick of landaffe . no● obst●nt● . no example . knight of parliament slain . previledge . no mainprise . commissions of peace . lawyers bound . g●ol of delivery . aldermen of london . election . non obstante . london . erronious judgement . mayor . sheriffs . aldermen . penalty . london . farrendon ward . aldermen elected . act by the king and lords alone . churchus liberties . statutes observed . conspiracy . county . res. chancellour . sup●rsed●as . silva cedua declared . tithes . res. serjeants at arms. serjeants . maces . liberties . collusion . religious persons . v●llaines . marriage . mortmain . res. recognizances . obligation . vses . res. tinne . lostwithiell . callice . kings councel . license . chimniage . forrest . forresters . res. merchants m●rchandize . fr●e sale . custome . r●s . imprisonment . great charter . mony. half pence . corne transported . commons request kent . collectors of tenth . account . exchecquer . kersies . variance . worsted . benefices . sufficient persons . r●sidence . bishops office. res● . london . officers exactions . smithfield . res. councell . abbot of colchester and abingdon . sanctuary . res. liberties . councell . sheriffs allowance res. kings councell . admiralty . jurisdiction . common law. res. chancellor● justices . common law. prohibition . green wax . exchecquer . certainty . res. passage of wools. normans . southampton . res. callice . dammages . chancery . mault . searche● . parliament ends . justices of peace . printed acts not in the roll. vnlawfull games . salmon● writs of summons . guardian of england . parliament adjourned . chancellour . causes of parliament . churches liberties . good government . justice . kings passage to ireland . conquest . message . petitions . irelands conquest . tenth and fifteen granted . sheriffs overcharge . accounts . res. kings councell . constable of nottingham castle . extortion . coales . sherborne forrest . res. justices of peace . bristoll . custome of wine . chepstow . resp. shoemakers leather . resp. leather . tanners . forfeiture . dean and chapter of lichfield . attorney . scire fac . error in parliament . exemplification . default . errors examined . chief justice . process . record . pleading . judgment in kings bench reversed in parliament . judgment in the common bench affirmed . chancellor . judgment executed . writs of summons . king. chancellor . causes of parliament . churches liberties . government without oppression . good laws . ill laws amended . realms defence . enemies . scots . irish. guienne . callice marches . consultation . petitions . sir iohn bussey chosen speaker . kings assent to it . protestation sir thomas talbot , chancellor . causes of parliament . commons desire the bishops and lords absent to be sent for . delay . commons excuse . misinterpreted . embassadors slayed . refer themselves to the kings pleasure . kings speech . voyage . wars appeasing . losses by war. allyes . conscience to vanquish . common tyrant . kings allyes . ayde . sir thom. talbot . justice required . chancellor . kings officers . parliament . chancellor . conferrence with the commons . commons desire . sheriffs continuance . north marches . defence . liveries . kings enterprizes . houshold expences . kings answer . offence . kings freedome . commons against the kings dignity and libertie . lords to declare it speaker to declare the parties name delivered the bill lords declaration to the commons . sir tho. haxey . knight . cleark of the parliament . cleark of the crown . commons excuse and submission to the king. good meaning . chancellor . king excuseth them . commons bound to the king. desmes and fifteens forborne . subsidy . tunage . and poundage granted merchants . tower. gold : customes : security : customes : sureties : commons grant moderation of provisors : kings prerogative saved : arch-bishop and clergies oath to the pope : protestation enrolled : disassent to any thing against the pope : sir tho. haxey : treason : pardon of life : clergie : steward of the houshold : bishop of landaff : restitution : judgment . issues answered . fine for contempt . petition . fryers me●dicants . transfertation . license . soveraign . pr●mu●●●● . william earl of salisbury . sci●e f●c . next parliament . error . castle and town of den●●igh . arch-bishop of canterbury his prerogative confirmed . ward-ship . tenbridg castle . earl of stafford . king sole emperour of the realm denization . legitimation . bloud royall . charter . endenization . legitimation . duke of lancaster . ioh. beauford created earl of somerset . tayle . creation money . earl created : his robes . sword. charter of creation read before the lords and commons . enstaulment . earl of nottingham . tayle . earl marshall of england . kings bench. exchecquer . charter read in parliament . merchandize . variance . purveyance . horses . arrests . church-yards . excommunication . res. armes . variance . liveries . justices of assize . justices banished revoked . writs of summons . writs of summons . king. chancellour . causes of parliament . god● honour . realms safety . monarchy . king. king puissant . severe in government . obedience to laws . kings prerogative . kings coronation oath . revocation . laws execution . judges . officers . laws defects redressed . subj●cts obedience to king and laws . laws observation . liberties to all . pardon . petitions . sir iohn bussey . speaker presented . protestation entred . judgement reversed . clergies absence . proctor . clergies . sir tho. percie the clergies procto● . speakers speech . pardon● in parliament repealed . pardon revoked . commons protestation and accusation . commons impeachment of the archbishop of canterbury . chancellour . commission trayterous . regall power encro●ched . subjects put to death without royall assent . archbishops restraint required . judgement prayed against the archbishop . king to give judgment . archbishops private submission . king and lords judges . adjudged a traytor . archbishop banished . forfeiture of his estate . banishment . treason . sir th. mortimer . treason . impeachment . flight . proclamation . submission . conviction . adherents , traytors . parliament . repeal . bishops and lords oath . ordinances of parliament . oath enrolled● taken before livery . excommunication . issues . attaind●r . forejudged . forejudged . benefices . attainder . william monteacute earl of salisbury . errors assigned in parliament . scire facias . next parliament . king purgeth● sundry lo●ds . commissions execution . loyalty . traytors and rebels desert . purgation . chester principality . commons request serjeants at arms. vvorcester castle and tame . courts . duke of glocester . judgements , ordinances , declaration● , and continue as statutes . rochester bridge . rents and customs to be to the new bridge . commons request . no●●h marches defence . nobles advanced . king. royall scepter . duke of hereford created . tayle . charter of creation read . sword girt on . cap of honour as a duke . earl of rutland . duke of aumerle cre●ted . ea●l of k●nt created duke of sur. iohn de holland duke of exeter . sir tho. mowbray duk● of no●folk . dutchess of norfolk cre●ted . marqu●ss o● dorset created . e●rl of gloucester created . earl of westmerland created . earl of worcest●r created . ea●l of wiltshire created . parliament adjourned to shrewsbury . oath to the king. oath of the bishops and lords to the king. temporall lords . knights of the countie . proctor for the cle●g●e . excommunication denounced . parliament adjourned . reassembled at shrewsbury . chancellor . causes of parliament . churches and ●emples liberties . no governours but one in the realm . commons advice . cha●ges of ireland ma●ches of scotland . callice . guienne . truce expired . the speakers protestation enrolled . earl of march. oath . repeal of the statutes of . r. . restitution . the speakers declaration . commons subsid●e a generall pardon pr●yed . chancellor . commons grant fi●st to be known . commons request . clergies proctor . speaker . lords commons oath . not to repeal any thing . clergies proctors oath . pope . oath . kings of england and their successors . libertie of the crown . duke of hereford . impeachment of the duke of norf. words spoken . kings dissimulation . oath . committee of lords and commons . tho. earl of gloucester . r●vocation of a judgment ●n parliament exile . hugh le dispencer . hugh le dispencer . hugh le dispencer . exile revoked . exile errors in the judgment . hugh le dispencer . ca●●le . mannours . revocation . hugh le dispencer . mannours . his personall estate . sider . jewels . librarie . justices . barons of exchecquer . revocation published . revocations repeal . r●vocation confirmed . king. repeal revoked . lords ●●ntence of the repeal . repeal revoked . restitut●on . actions , ancestors . proviso . kings warrantie . duke of hereford . pardon . ryots . misdemeanours . robberies . chancellor . pardon repealed . richard earl of arundell . fo●feiture . proclamation . earl of gloucester . oath . release of rights to lands . revocation of a judgment in parliament . alice peeres . reference to the king lords appellants . marshal . admirall . officers . kings prerogative . parliament . committee of lords and commons to determine matters of parliament . clergie . subsidy of staple commodities granted for life . desmes and fifteens ryots . lords appellants charges . kings pardon . kings declaration pardon to cease if the subsidy were impunged . chancellor . kings thanks . writs for wages . parliament end den . merchants , aliens . repeal . duke of burgundy . bullion . resp. kings letters . shoemakers . staple . callice . ships . stone . callice . nusances . water-mill● . revocation of acts treason . bishops and lords oath . to observe the acts and orders of parliament . hen. duke of hereford . judgement . attorney . livery sued . homage respited . patents against law revoked . committee . patents nulled . statutes to be observed . oath to observe statutes . chancellour . oath . holding up hands . lords appellants . accusations . treason . commission procured . bishop of galloway . raising war. coming armed to the kings presence . accroaching royall p●wer . adjudging sir simon bu●le●gh to death in parliament against the k●ng● command . purpose to surrender their homage and allegiance . kings deposing . reco●d emb●ase●●d kingdom surrend●ed . kings deposition delayd . impeachment , treason . articles proved . appellants . arrest . answer of the parties appealed . ralph lord nevil constable of the tower. earl of arundel brought to the parliament . his impeachment . earl of arundel pleads his pardon in parliament , and another after that . pardons not allowed , as unlawful . revoked . notes for div a -e his further answer . sir wal. clopton chief justice . judgement by nihil dicit . he insists on his pardon . judgement demanded against him . judgement given , to treason . kings . lords , judges . traytor to the king and realm . forfeitu●e of fee and tayl lands and goods . his hanging , draw●ng , and qua●tering pardoned . beheaded . lo●d de mo●ley l●eutenant marshall . th. earl marshall captain of callice . duke of gloucester . the retu●n the duke was dead . parliament . duke adjudged a traytor after his death . lo●ds in fee and fee tayl , and goods forfeited . confession . examinat●on . commission read . richill . examination taken and returned , writ with the dukes one hand . his he●p procured the com●ission . a●c●oached royall pow●r . rest●aint of the king and his pre●ogative . craveth pardon . fear of death . pa●don craved . taking the kings l●tters slanderous words . homage surrendred . meant to depose the king. judge richill attests his confession to be f●ee● earl of warwick brought to parliament . constable of the tower. lords appellants . the lord steward declared the accusations . the earls confession . submission . lords , judges . judgement against him . forfeiture . lords and commons request . his life pardon●d . banishment . isle of man. condition . he is sent to the isle of man to be kept . mainprise body for body . sir tho. mortimer . his flight into ireland . day assigned him to come in . traytor . proclamation . judgement demanded against him . lords judges . note that the judg●ment was given by the lord steward of england pro tempore . forfeiture . sir iohn cobham . impeachment . kings command . ●udgement against him as a traytor . treasons . forfeiture . tayle forfeited . his life pardoned . imprisonment i● iersy for life . accusation . duke of norfolk . dukes appearance . bristow . triall by martiall law by assent of parliament . dukes appearance . battle joyned . cou●t marshall . want of proofs . the king takes up the battle . gives judgement of banishment for years . no letters nor intelligence . treason . duke of norfolke . s●ditious words . banishment for life into almayn , hungary or bohemia . pilgrimage . treason . defence rejected . lands , given him forfeited . he refused to proceed in the app●als . officers . warranty forfeited . arrears to the king. depu●y of callice . his lands seized into the kings hands . allowance . certificate . his exile . vncharitableness , none to sue for release of judgements . cleargies proxy . quero whether it were not the procu●ator of the bishop absent . sir ro. pleasington adjudged a traytor a●ter his death for levying war. forfeiture . king judge . henry bowet . treason . pardon . banishment . notes for div a -e writs of summons . notes for div a -e writs of summons . arch-bishop . king. causes of parliament . parliament dissolved by king richards renunciation and deposing . childrens government . young councell . wise kings and governours . old and wise councell . kings issue will govern by advise and consent of his sages , not after his own will. englands self-sufficiencie . preheminencie . good government . justice . laws executed . king henr. coronation . common●wealth . commons . parliament adjourned by the lords and commons assent . earl of northumberland and constable of england . petitions . richard . renunciation and deposition . notary publick . lawyers . king rich. promise to renounce and give up the crown for his defaults and unabilities . king richard . his renunciation . instrument of it read . the instrument of renunciation● subjects oaths and obedience discharged . his oath to confirm it . his subscription of it . he would have appointed h●nry . to succeed him , were it in his power . his procurat to publ●sh it . his priv●e signet put ●n henry . his ●inger westminst●r hall. parliament . kings th●one void . the r●nunciation read and admitted . articles against r. . for which he ought to be deposed . coronation oath . articles . crown lands wasted . commons overcharged . justices procured to speak against law. nobl●s unjustly destroyed . rebels and murders in cheshire . murdering the duke of gloucester and others against his own promise , and pardon . his souldiers murders , rapes , fellonies , plunder , free-quarter unredressed . nobles condemned aga●nst his proclamation . double fines for pardons . power of parliament committed to a committee . for breach of his oath in prohibiting mediations . crown of england . freedome . popes excommunication procured in derogation thereof the laws . banishment without the cause . illegal revocation of letters patents . sheriffs continued above one year . sheriffs unfit . loanes not repayed . subsidies exacted in times of peace . mispent . laws unexecuted . laws in his brest . prerogative abused to subvert laws . knights of shires procured for his own end . oaths unusuall for sheriffs to execute his commands . exactions of moneys from his subjects . churches liberties violated against his oath . ar●ay . purveyance . justices discountenanced : threatned for their good counsell . jewels and treasures transported into ireland . cancelling and razing records . his ill fame and dissimulation . tyranical speech . subjects , lives , and goods in his hands without forfeiture . subjects condemned by marshall law against his oath . oaths new imposed on the subjects . stay of ecclesiastical proceedings against his oath . banishment without grounds● the arch-bishop . his last will and legacies to his successors upon ungodly conditions . duke of gloucester murdered against his solemne oath . arch-bishop banished against his oath . his prophecie of retaliation to himself . sufficient causes to depose k. ric. . commissioners to give judgment of deposition the sentence of deposition . henry duke of lancaster , his claim to the crown by descent from henry . the lords and estates upon consultation assent to elect him king. installed in the royall thron . arch-bishop childs properties . a mans properties . king rich. dispraised . king henry applauded . king henry his thanks . protestation . conquest disclaimed . common-wealths enemies . officers and justices appointed sworn . proclamation . parliament called . coronat●on services . commissioners . sentence of deposition pronounced . homage and loyaltie resigned . kings answer . new lords , new laws . bloud-shed . revenge . henry . his coronation . coronation services . sir iohn cheney . speaker presented . protestation . sir iohn cheney discharged for sickness . sir iohn doreward elected and confirmed in his place . sir iohn doreward . protestation . subsidy of woolls &c. g●anted for . years . wars . scotland . callice , ireland . petitions granted . parliament of . r. . repealed . parliament of . r. . confirmed . lords restitution . blank writings . london . diocess . commissions . treason . the kings eldest son c●eated prince of wales . duke of cornwall . earl of chester . succession to th● crown . prince of wale● . &c. created . the command of it . corone● . golden ring . v●●ga aurea . ki●s . charter . h●s place in parliament . livery . king richards life to be saved . lords advise touching r. . confinement . imprisonment . king r. imprisonment . princes title assented to . heir apparent of the realm . rich. . adjudged to perpetuall imprisonment . commons request . duke of brittain . earl of richmond . patents repeal . arch-bishop . wastes in the arch-bishops lands . kings assent . commons prayer . not priv●● to judgments in parliament . commons only petitioners . king and lords only judges . statutes . subsidies . nota. earl of northumb. constable of england . purgation . slander . wars in scotland . the king purgeth them . wa●s assented to by the lords . the kings eldest son henry created duke of lancaster . his title . dutchey of lancaster●evi●ed ●evi●ed from the crown , and setled on the prince . charter in parliament . king and lords enact new r●ligions suppressed . banishment . pardon . privie seal . liveries . commons grant the king liberty to moderate , or repeal a statute . prov●so●s . gold. callice . staple . callice . merchants . hampton . barwick . woolls . liberties confirmed . corporations . fine . r●s . chancellor . fine . un●ve●si●●es ox●o●d . ●●mbridg . london . ●ssizes . s●eriffs . co●oners . res. cor●ner . petition . sir thomas haxey restored . judgment in parliament reversed restitution . william chedder . wotton-underegg . suggestion . presentation . q●●re impedit . writ to the bishop . error variance . judgment reversed● writ of restitution . sir william rich●ll examined . warrant . sir walter clopton . chief justice . lords , judges . acquitall by them . ragamans burnt . pardon 's confirmed . commons . dutchess of ireland . churches liberties . great charter . forrest . fear of death not to be pleaded . res. ill counsell . patents . officers oath . bribery forfeiture . res. crown lands . resumption . res. actions for plun●●r , spoyls . res. kings army . facile entry . restitution . res. common law. prince of wales to succeed . res. restitution . plague . res. captains able . res. sheriffs allowance commons grant . kings freedome and pre●ogat●ve . not to be used contrary to law. common● prayers . earl of arundel . restitution . judg●ment in parliament ●eversed . res. archbishop . wasts . earl arundel . records embezeled . res. tho. earl wa●●ick . restitution . res. parliament repealed . restitution . res. subsidies . kersies . liberties . loans to richard . repayd . res. victuals . purveyance . lincoln . fee-farme . res. gr. yarmouth . desms , quindesms . res. fo●cible entrie . presentation . b●nefices . recove●y . res. prohibition . mills , stancks . nusances . pu●v●yance . sheriffs of london . res. debts to r payd to h. . debt pardoned . r●●●iver of cornwall . pardon revoked . king d●ce●ved . inqu●●y . r goods imbez●ll●● . cheshi●e , wa●ch . service in wa●s . wages . inqu●●y conc●●●ments . customers . sher●●fs . e●ch●●tors . s●a●chers . r●sid●●●e . f●●ejud per. dow●r . res. common law. heirs . attainder . heirs . res. common law. fines repayd . res. process . cheshiremen . i●quiry . da●mages . kings army . res. prisons . malefactors . res. justices of assize . offices repugne . heirs . livery . res. kings right . common law. ind 〈◊〉 . ayding the king. restitution . ea●l of o●ford chamb●rlaine . res. charters revoked . vnwo●thy p●●●on● p●inc●pality of ●ales . res. debts . r. releases repeal●d . p●incipality of wales . cornwall . chester . res. great seal . r●vocation . repeal . appeals . justices . ●anishmen● . restitution . res. london . m●lcombe . f●e farme . desm●● . fifteens . res. confirmation . london . cl●a●hs f●ee packi●g . v●ctuals . ret●yle . justices of peace . attaint . res. common law. english ships . lading . res. thames . barge . deodand . res. sales of land. variance . pardon . conspiracy . imprisonment . tower of london . res. kings councel . resp. peace breakers . king and councel . wapentakes . hundreds . farms . res. presage . res. personall actions . common law. ●es . common● prayer . lo●d app●llants called to a●●wer . duk● of albem●●le 〈◊〉 k●n●s comma●d 〈…〉 . k●n●s ●an●shment agai●●● his w●ll . w●tnes●●● . duke of gloucesters d●a●h . duke of su●rey . tender age . duke of exeter . duke of gloucest . marquess dorset . ea●l of salisbury . f●a● o● l●fe . pa●don craved . ea●l of gloucester . consult●tion . k●ng and lords , j●dges and judgment d●g●adations ●●om honou●s . lands and goods o●●●i●●d . tr●a●on to adher to deposed king richard. ch●ef justice . iohn hall. examination upon oath . co●●ession . commanded to murder the duke of g●ouc●st●● . h●s confederates . o●th of secrecy , not to disclose the plot and mu●der . duke of norff. kings will to sl●y him . duke confessed . the duke smothered . lords , judges . th●y ●djudge him to 〈◊〉 executed as a traytor . execution accordingly . commons request . judgment affirmed . judgment lawfull . lands forfeited . conquest . chief actors in the parliament of . rich. . writs of summons . writs of summons . knights and burgesses called by name . chancellor . steward . parliament adjourned . sir william thurning chief justice c. b. causes of parliament . church . co●po●ations . liberties to be enjoyed . good laws . justice . common-law . king g●●at cha●●●s . coronation . nobles ●●bellion su●p●ess●d . s●ots voya●e . no●●h ●●les . k●●g in person . queens retu●n in ●o f●ance . jewels callice fortresses . guienn● an●ex●d to the c●own . wa●s . scotland . ireland . lords and commons to consult thereof● sp●aker chosen and presented . petitions . sir arnold savage speaker presented protestation enrolled . speakers speech , desme , quindesme . tunn●ge and poundage granted . commons thanks to the king. catholique faith maintained . commons request , untrue repo●ts of the commons house . commons declaration . good government king. nobles . subjects hearts . their advice not to agree to the french challenges . kings promise to pursue their advice . kings thanks for their good wills . commons petitions by mouth . to be put into writing answer to them . bishop of norwich . his pardon . accusations . bishops o●der . kings lin●age . the bishops thanks . amity . shaking hands . kissing . commons request . ordinance . conquest of wales . welshmen . commons request priors , aliens lands seized . wars . bishops and lords advice . annuities revoked . custome of wools commons requests . cisteaux order . a bill agreed by the king and lords sent to the commons , assented to by them . wool weighing . king richards inventory . treasurers . inquiry by a committee . commons discharge . parliament matters ingrossed . justices departure . clarke of parliament . commissions for making boats and ballengers without assent of parliament . repealed . conference with the lords . commons declaration . subsidies not used to be granted before petitions answered . conference with the lords . no such use . petitions last answered . sir william baggot . restitution . pardon . patents . commons assent . kings power to dispense with the statute of provisors . cardinals . aliens not to enjoy benefices . si● richard clifford . privy seal . vniversities . oxford . cambridge . writ de h●●ret . com●u●●ndo 〈◊〉 s●●trie . lords judges by the kings assent . a●judge sundry nobles and other traytors after execution . beh●ading . f●rf●itu●e of lands and g●ols . lords names and judgement commons declaration . trinity in vni●y . ap●e●sing disteren●es between two lords . they submit to the king. commons and lords requests . ea●l of rutland earl of som●rset restored to the kings favour . kings thanks . restitution . commons grant . k●ng reenter for non payment of rent . fee farmes . commons request . sir r●ch . clifford . privy seal . popes bull. provis●rs . non obstante . laws o● the land. election . commons request . dower . wardsh●p . earl of oxford . confirmation . forfeiture . petition . restitution . non obstante . edmond bassets case . error in parliament judgement in k. bench reversed for error . restitution . petition iohn de burley . judgement in parliament revoked . restitution with a saving . king e. . his will. lady of grace abbey . free chappels . fryers preachers . error . scire facias . next parliament . cisteaux order . variance . provisions , rome . petition callice staple . licences revoked . newcastle merchants . commons request . churches schisms . lords request . bishops to consider it . commons request . moderation of provisions . misent●y examined . kings protestation . the entry rightly done . commons kneeling before the k●ng crave his pardon . igno●ance . commons at mass. kings promise to m●intain the church . subsidy granted , off●rd at the mass. kings thanks . chancellor . parliament ended . heresy and error . variance from the record . church liberties . pluralities . non residence . proviso●s . chaplains . schollers . praemunire . bulls to be cancelled . appropriations . provisions . mony exported . variance . marshall . variance . fees ascertained . marshall . warden of the fleet. resp. kings councell . chancellor . justices . priors , aliens . farmes . bishops jurisdiction . sheriffs overcharged . resp. councell . protections . resp. protections revoked . consultation . tith-wood . resp. arrest . imprisonment . great charter . resp. coyns . commons request d●spensation . provisions . justice stayed . forfeiture . resp. offices found . livery sued . dispossession . scire facias . resp. justices . nisi prius . judgement . resp. old use . non suit . justices of assize . deeds acknowledged . enrolment . resp. subpoenas . chancery . exchecquer . resp. necessity . capias , exigent . annuity , detinue . covenant . resp. appea●ance . fou●rcher . essoyns . resp. old laws kept . chirographer . variance . commissions . clarke of the crown . admirall . forrest officers . extortion . incroachments . resp. perambulation . welchmen . variance . pardon . constable : marshall . jurisdiction . triall . law of the land. resp. purveyors . lollerie . extortion . sheriffs of london : smithfield . tythes . resp. welchmen , wales . goods attached . marches of wales . reprisall . traverse of offices . scire facias . chancery triall c. b. res. chancellor . supersedeas . delays . res. wears , mils . nusances . rivers . res. protections revoked . res. jurisdiction . marshalsea . admiralty . res. gloucester . worcester . taxes . victuals . severne . old custome . resp. extortions . lords marchers . wales . treasons . rebellions . res. kings rights . pardon . welchmen rebels . satisfaction . res. kings prerogative . welchmen . welchmen . sureties for good behaviour . welchmen . jurisdiction . constable of ●●ver . dover castle . res. liberties . prisage of wines . kings butler . res. kings right . liveries . exchecquer writ● . res. use. exigent . attornys oath . county . res. law. attornys falshood● exchecquer . averments . sheriffs returns . issues . res. barons of exchecquer . repeal . variance . kings grants . councels advice . res. kings liberty . penal laws . writs of summons . knights and bugesses called by name in the chancery . chancellor . kings councell . adjournment . chancellor . causes of parliament . liberties to be enjoyed by all persons . chancellors speech . peace . obedience . dissention . disobedience . war. nobles and realms near subversion . king raised . victory over the scots . schismes in the church . wars with scotland maintained . welch subjected . irish conquered . guienne . callice defended . their advise required . commons to chose and present their speaker . petitions . sir henry de redford speaker presented . his protestation . chancellor . commons desire a conference with some lords . kings protestation entred . steward . secretary . messengers to the commons . committee of lords . commons thanks to the king for his voyages to scotland and wales . kings son● valour . ireland . thanks to the earl of northumberland . lord gray of ruthin . prisoner in war. ransome to be raised by his friends . kings assistances for his ransomes . king in parliament . scots prisoners of war presented to the king in parliament . scots prisoners humble deportment . their prayer to be entertained according to the course of war. peace or a league prefered by them with scotland . flattery . untruth . steward of the house . king rich. . his money and jewels left ●n t●ust . accounts pardoned . earl of somerset . loyalty . restitution . marquess name st●ange and refused . forcible entry into lands complained of sir phillip courtney . examination thereof . judgment by the king and lords . entry . assize . election . abbot of meniham . imprisonment . judgment in parliament . good b●hav●our . contempt committed to the tower. petitions . sir phillip courtney . iudgment . release . bar. bastardy . revocations . provisions . pope . confirmation . prio● aliens . lands seized . petition . merchants of ieans . southampton . london . custome . seawage . testimonials . customers . petit●on . restitution . prior of newport . errours assigned in parliament . adjournment till next parliament . earl of march. restitution to lands in scotland , conquered by the english tenants . souldiers . kings protection . oath . subsidy of woolls , and tunage and poundage granted . one desme and fifteen granted . petition for sir phillip courtnies release . sureties for the good behaviour . all the lords and commons invited to dine with the king. writs for the knights and burgesses wages . parliament ended . liberties confirmed● clerg●e . variance . kings gifts . sheriffs discharged . exchecquer . res. kings councell● barons . sheriffs . shoomakers . chirographer . ability . proper persons . no deputie . sealing of cloaths damages . account . res. old law. forging . executors . res. weights . fees. res. councell . desmes . executors . release . account . res. old law. lewis . chichester● weighing of woolls . forcible entries . variance . chancellor . commissions . kersies . resp. halfpence . admiralty . common law. resp. admirall . marshall . councell to redress . common-law . chief justice . res. old law. exceptions . villanage . kiddles . thames . appropriations . benefices . callice . assize of wine , ale , &c. jurisdiction . res. king. callice . hospitall of st. nicholas . res. staple . callice . res. worsteeds . herring . berwick . array . none enforced to go out of his county . captains wages . res. residence . hospitality . penalty . resp. bishops to take order . labourers . apprentice . forfeiture . husbandry . labourers . merchants . fryers . admiralty . adjournment . resp. usage . dovehouse . res. wales . lands resumed . rebels . res. kings pleasure . assize of rent . plea in bar. countie . triall . res. common-law . grant. office returded . traverse . res. common-law . lincoln . povertie . fee-farm . res. king. quindesmes . london . st. martins liberties . ill fruits . res. kings councell . attorneys . falshood●s . attorney . forrainers . acquital . remedie . res. cornwall . prior of lanceston . appropriation . penaltie . res. kent . constable of dover . res. kings councell . array . res. kings councell . residence . customers . suggestions . damages . imprisonment . fine . res. exigent . annuitie . res. common-law . purveyors . resp. presentation . outlawry . additions . res. common-law . al●ge . victuallers . hostlers . annuities . precedencie . conviction . welchmen . 〈◊〉 . fellons . receivers . resp. kings councell . welchman . receivers . resp. kings councell . congregations . wales . congregations . going armed . variance . welchmen . victualls . arms. justices . wales . peace . res. kings councell . welchmen . flight . next of kin . res. welchmen● castles . welchmen . merchandize . victuals . market towns. res. offices . welchmen . law of england . wales . councell le roy. res. welch towns. english men . wales . owen glendor . moneys transportation . strangers . english commodities money . r●s . lord treasurer . merchants . exchange to rome . r●sp . kings councell . merchants . deceit . customers survey of merchandize . res. merchants . customers oath . residence . comptroller . imprisonment . deputy . searchers . judgments . purveyance . kings debts paid . feoffees in trust . rent charges . res. kings councell approver . william taylor . traytor . acquitted by writ . res. chancellour . causes of parliament . liberties to be enjoyed by all persons . councell . church . temporality . parliament to advise . welsh rebellion . french enemies . isle of wight . callice . guienne . ireland . scotland . hen. percies rebellion . commons to choose and present their speaker . ●etitions . sir arnold savage . speaker presented . excuse . protestation . commons request . welch rebels . sea guarded . houshold charg . liveries . repayring of castles and houses . ●ind●or castle . granting away lands charging the commons . subversion of the state. earl of northumb petition , acknowle●gem●nt and su●m●ssion in parliament . gathering of power . giving liveries● p●●●on prayed . ready submission . justices . lord● protestation . the onely judges in parliament of treason . they adjudge the earls offence no treason , o● felony , but trespass . the earls thanks to the king and lords for the judgement . oath of allegiance to the king , prince and their heirs in tayle pardon of his fine and ransome . arch-bishops prayer . suspicion . confederacy . the earl purgeth them upon oath . levying wars adjudged treason . kings houshold reformed . persons removed . mr. richard durham . master crosby . they come into the parliament . the king excused them . peoples hatred the onely cause of their guilt . the king dischargeth and removes them from his house . commons thanks to the king earl northumberland . their oath of allegiance with the bishops and lords to the king , prince , and their issue , &c. there taken . kings thanks . commons request . earl● reconciliation in open parliament . kissing . taking by the hand . commons request . kings houshold . officers ap●ointed with the parliaments privity . commons request . earls reconciliation in parliament . shaking by the hands . kissing . commons request . kings purgation of suspected lords . not to be impeached . the dutchy of cornewall annexed to the crown . letters patents . resumption and reversion of it to the crown . princes councell . scire facias . protection . ayde of the king. sir iohn cornwall . sir iohn holland earl of huntington . kings warranty . recovery in value . commissions of array . musters . beacons . kings and lords assent . judges advised with . commission of array . commons request . committee of lo●ds . articles agreed on . aliens . anti-pope . banishment . aliens dutch confined . frontiers . garrisons . aliens removed from the kings and queens servants . persons excepted . welchmen removed from the king. kings assent to these articles put in execution by his officers . queen and her daughters . queen attendants appointed by the king and lords in full parliament . patents confirmed expences for the houshold l. treasurer of the houshold . ham●er worth . l. per an . arch-bishop . common law maintained , and not delayed . kin●s houshold ●x●●nc●s ordered by the lords . treasure●s of the war appointed . kings and commons assent . proctor . priors , aliens . conventual priors religious aliens removed . english in their place . archbishops protestation . debt . exchecquer . sir roger welden lord treasurer . commons request . wars with france . kings councels ●ower . ca●lice . staple . patents . kings great councell appointed by parliament . knight of the shi●e . sheriff false return amended . sh●ri●● imprisoned for his false returne , and put to a fine and ransome . fleet. commons request . imprisonment . trial by the common law. constable . marshall . commission . justices of the kings bench. roger deynecourt . error in parliament upon a judgement . banco le roy. scire facias . next parliament . sir william gascoin chief justice . transcript of the record . clarke of the pa●liament . princes . agreement . surrender . cornewall . dutchie . princes deed. letter of atonement . livery and seisin . prince infant . promise before the lords to bind him and his heirs at full age . parliament . forme courts confession . king and lords give judgement of lands in parliament . restitution to the prince . reconveyance . princes grant in parliament of mannors in the dutchy of cornwal . fishing . deed read in parliament . infants promise . parliament . livery and seisin in parliament . kings confirmation . queen ioanes petition and dower in parliament . . m. per an . dower . sir iohn cornish . petition . feme count enabled to sue at common law against the king or any other for her dower , though not dowable by law. attainder . dower . 〈◊〉 dispence● dower recovery though ●o●●eited . duke of yorks petition . 〈◊〉 i● tayle chang●d , in the custome● of kingstone and london . customes . iohn earl of sommerset . callice . in●e●●u●e . souldiers . garrison of callice . t●uce . wa● . a●ears of pay demamanded and granted . tho. earl of kent . petition . ann●ty in jo●●ture . dow●●●eleased . go●dsmith● of london . petition . survey . ma●ks . cu●lers of london . bils and writs ●ent to the major of london . examination . certificate . the m●jors ●●●●tificat● . goldsmiths . cu●lers . ●ssay . g●●dsmiths char●ter confirmed by ki●g with the lord asse●t outlawly for fellony in ireland . seisure and forfeiture of their ●● lands . lieutenant of ireland . pardon . restitution prayed in bloud and lands . granted only for ir●e . petition . iohn de burey . lords assent . restitution . kings warrants . scire sacias . sir henry percie forfeiture . pardon . thiefs . watches . aliens ships stayed . reprisal . king writs . discharge . res. staple . articuli super chartas to be executed . steward . marshall . errour . averment . king● bench. forfeiture . res. constable of castle . justice of pe●ce . imprisonment . common goale . re● . imprisonment . multiplication . kent . constable of dove● . tithes of stone and slate . res. desmes . aliens . tongues out eyes . b●oker usurie . e●change . fo●fetu●e . r●s . ecclesiastical law cloaths . custome for cloaths . k●ndal cloaths . sale. res. kings councell . p●●v●ledge● of parl●ament . ar●est of members o● their servants . f●ne . treb●e damages . res. supersedeas to hinder right . res. f●aud . c●pper . gold. appropriations . mainprise●s . kings farms . attainder . discha●ge . wages of law. sir richard tempest allowance for souldiers governour of ca●lile . res. petition to the king. iohn chedder . merchant-strangers gold and silver . statute merchants . fine● . priors aliens . generall pardon . treason . variance● writs of summons . writs of summons . chancellor . king. causes of parliament . liberties enjoyed by all persons . realms safetie . repr●●●●ng rebels and enemies within and without . ●nvasion of eng●and . peace . justice . parliaments advise . welchmens quelling . ●ide competent . french war. guienne invaded . parliaments sodain calling . speedy resolutions . commons to chuse and present their speaker . petitions . sir william sturmey speaker presented . protestation . kings relief . two desmes and fifteens . subsidy of woolls wooll-fels , skins . tunage and poundage granted for d. conditionally to be imploid only in the warrant and defence of the realm . lord furnivall . sir iohn pelham . treasurers for the wars appointed . treasurers for the wars sworn in parliament . money lent to be repaid out of the subsidy . welch rebels . commons request for the kings sons advancement . duke of york . good s●●vice in wars to be rewarded . arrears paid . jewels lord coytifes rescue . welch rebels . petitions . resumption of the c●own land● and r●venues . liberties of towns. grants of wine● resum●d . queens dower . kings grants confirmed . farmers to the king. farms injoyed . castle , caslet parke . law. kings prerogative . commissioners to inquire and execute . resumption for an year . annuities and fees granted . ch●●● officers . justices . barons of exchecquer resumption of lands granted ●or an year . queen . kings sons . grants by parliament proclamation . patents brough● in . forfeiture . resumption . lords enact . prince of wales . souldiers wages . defence of wales . annuity out of the exchecquer to the earl of sommerset confi●med by parliament . sir iohn cornwall . grant in parliament . abbey of fescamp . wars . sir stephen scroope annuity confirmed by parliament . petition . grant by assent of the bishops and lo●ds . prior of coventrie . conduit of water . sherborn water . penalty . treble damages . petition . restitution of a prio● and lands in parliament● by the kings sir bartholmew verdon . restitution to bloud and lands . scire facias . errour in parliament . ●arde re●urned . process continued . ordinance for wa●● lords merchers of ●ales . castles manned● welch . friends goods restored . r●p●●al● loan money repaid . duke of yorks a ●●a●s to be ●a●d . souldi●rs services 〈◊〉 and recompenced . petition . ita●●a● merchants sta●ute revoked . exchange between merchants . money . res. italian merchants . hosts election . res. italian merchants . subsidy . merchants . customes . resp. customers . officers of ports . merchants well intreated . res. merchants triall for debt . account . trespass . law of merchants . kings councell . aldermen of london . res. alien brokers banished . chancery . res. italian merchants . english wares . staple wares . res. petitions . staple . wars . res. ships in the kings service . certain allowance for weight and apparrelling● res. aliens . officer . customer . welchmen . rome . res. commons motion . resumption . queens dower . commissioners . fines for neglect . oath . exchecquer . discharge . res. commons not to be collectors of the subsidie . callice . new exactions . res. kings debt paid . tallies . res. woolls shipping . ipswich . yarmouth . res. villains . res. subsidie of s. di● abated . mis-entry in the roll reformed . provisions . rome . letters patents , accountss officers . variance . foot of fines . statute revoked . resp. king and his councell may revoke an act. petitions . errour in parliament to reverse a fine and judgment . falshoods . feoffments by collusion . resp. commissioners . kings thanks to lords and commons . parliament dissolved . writ● of summons . writs of s●mmons . parliament proroged . painted chamber , lord chancellor , king , causes of parliament . liberties to be injoyed by all persons . his theam , good government , welchmens rebellion . french , scots , guienne , callice , irish , parliament advic● g●ds law , peace , victory . petitions . sir iohn tibetott , speaker presented . his excuse . his election confirmed . one desme and fifteeen granted . chancellor . treaty of peace , proclamation . cessation . speaker presented protestation , confirmation of the common● liberties and priviledges . amendment of their bill by message to the lords . speaker makes sundry remembrances before the king , good governance confirma●ion of liberties . guarding the sea , guien . speaker , enrolment of the speakers protestation . princes residents in wales , commission , wales welchmen , conquest . gif●s , french and britains banished● answ● answ. false reports of the commons discourse of the king seas safeguard . committee . merchants , mariners , &c. to provide ships and men to guard the seas . tonnage , poundage , &c. assigned them to defray the charge . privy seals . priz●s taken to be enjoyed by them . imprest money required . enemies royal navy . one months warning . notice of peace , charges allowed . two admirals to be nominated for the south and north. parliament ad●ourned . parliament re-assembled . parliament adjourned from day to day . lords treaty . aliens about the queen banished by name . proclamation by assent of parliament . resumption of lands and annuities . speaker prayeth as large liberty of ●peech as any speaker before him● admiral elected to go to sea. commons . privy council . speaker , lords of the council assent to th●ir election upon condition . speakers request . provisions for calice , guienne , ireland , provision , kings council . captains to repair to theirs forts and a mier . spe●ker desires pardon . oath to ab●de an ar●i●●●ment . hinton near brackley . commission , array . c●●●gy , musters . arbiter●●● merchants cont●oversies . speakers ●equest . p●o●esta●ion c●own entailed . exemplification . speaker , prince sent into ●ales . rebellion . c●stomers fraud , search●rs , ireland , kings houshold . charges . commons , sp●aker . protestation , good government , council , reward . queens dower . good service rerewarded . auditors , accounts , treasurers of war. gods service , a●biterment , ●●parceners , lord mohun . castle & mannor , du●ster , min●head , culverton , carampton mannor and hundred . arbitrators sworn in parliament . petition● , sir barthol . verdon . service in wales . speaker , petitions read . merchants subsidy . seas safeguard . realms defence . aliens banished , denizons , impotent persons , dutchmen . kingslands leased , improvement . resumption , kings housholds maintenance , expences moderated● parliament adjourned . parliament adjourned , lords and commons called , their default . commons , speakers protestation confirmed . speakers motion , kings charge to the lords and commons . allegiance , ●ll government ● enquired . castle of manlion . alien removed . wlechmens fines and ransoms . prisoners of war , hostages , scottish prisoner● . crown entailed , charter vacated . crown entailed , ducat . lancanst . non obstante . prince henry , speaker , bill against lollards . preaching against the clergies temporalitie●● prophesi●s , slanders of the lollards , pollicy of the popish clergy . tyranny , officers , imprisonmment , inquiry without commission , sanctuary . petition , treasurers of war , auditors , account , due allowance , discharge . commons request indempnity . impeachment , voyages , kings behalf . commons request , commons house , parliaments roll engrossed . speaker , lords of the council to swear , oath refused by the lord. the king chargeth them on their allegiance to take the oath . all the k●ngs officers sworne to accomplish the oath . worthy officers . no due grants to be staid , great seal , privy seal . maintenance of suits , order of law. officers , mediation . k●ins house , chamber , wardrobe . kings revenues imployed . gifts , profits . petitions received and answered . councellors jurisdiction , common-law . purveyors . suitors , countenance . full assent , &c. officers , fees , extortion . queen . marshalsey , clerk of the market . sheriffs , election of knights , fifteen days notice . kings great officers . common laws . aliens , fines . steward and treasurer of the kings house , servants misdemeanors . officers of the kings house , chamberlain , statutes . judicial officers and others at will only . officers , enquiry , misdemeanors , report to the council . array , challenge , assise special , sheriffs fees , pannel . temporary articles . custody of the temporalties of durham granted , b●shop elect , provisions from rome . bishop of london , temporalities , vacation , dean of pauls . bishop elect . duke of york , grant of the king wardship of body and lands granted letters-patents , dutches of ireland earl of oxford . wardship of lands in wales , &c. richard l. gray . annu●ty for life , sir rich. stanhop . denizen by letters-patents , and assent of parliament . parents confirmed wardship of body and lands granted earl marshal , insurrection . pardon of arrearages , ward . speaker , kings pardon , south-wales , forfeiture , owen glendor , traitor and rebel , forrest of wabridge and sapeley . petitions . liberties . tithes of slates , and quarries . answ. customes , commons request . sheriff● discharge , lords of the councel . purveyors , payment , answ. costs , protections , goalers . apparrel , taylor . answ. earl of northumberland , forfeitures . juror , mis-nomer , processe discontinued . answ. justices to agree the law. bulls from rome , variance . nonresidence , forfeiture . answ. ordinaries , pope , penalties . arrow-heads . rome , pope , provisors , praemunire . answ. kings prerogative poundage in part released . venice-merchants , southwarks exemption , fee-farm , london , patens . answ. kings council . provision , popes pardons . protections , tuns , pipes , oile , gagers . answ. traverse , inquest of office , supersedeas , seisure . collectors of desms , allowance answ. prisoner of war , satisfaction . answ. assise , sir dunster-castle , jurors . answ. treasurer of calice . answ. cloth-makers . amerci●ments , s●eriffs turns , traverse pres●ntments , k. bench. answ. common law. clo●●es of ray. commissioners . peers . earl of sarum . impotent persons , ou●lary . &c. answ. justices . provisions , rome . answ. scots , scotish mony , forfeiture . answ. weavers of london , charter , fee-farm . answ. kings council . liveries , beadles wales , denizens . election of knights . labourers , variance . annuities . merchants , seas guarded , tunnage and poundage , allowance . answ. sea guarded , councel to make allowance , chancellor . kings thanks . parliament ended , w. p. writs of summons . commons called , sundry make default , parliament thereupon adjourned . chancello● causes of parliament , king to be honored . church-liberties . kings care for his subjects , laws observance , defence . favor & pardon . necessity . speaker to be chosen and presented , welsh-mens rebellion , seas safeguard , guienne , calice , &c. petitions . thomas chawcer speaker presented excuse , protestation . subsidy granted , oath for its disposition . chancellor , account to the commons , oath . speakers complaint , purveyo●s , steward and treasu●er of the k●ngs house . speakers presents a bill against w. widecombe . commons , speaker , 〈◊〉 guarded , n●n ●●sidence on the marches of wales . committee of lords . merchants request admi●al of the south and west , a●rears allowed . priory of hinkley , aliens , wars . displeasure taken between lords and commons , subsidy , lords and commons debates several , absence of the king , their debates n●t to be disclosed to ●he king before determination , and that by the speakers mouth , subsidy , debates disclosed kings answe●s . speakers request . commons departure with liberty . kings thanks , prince of wales , king and prince● thanks to the commons , false reports . speakers mo●ion , kings sons to be advanced . lords marchers , castles . desme and half , subsidy , tu●nage and po●●d●ge granted . king promiseth ●o require no other su●sidies or charge , and enacts it . annuities p●id . deserts , non obstante to a statute . petitions● churche● liberties . petition . londons liberties , non obstante an act , revocation . letters patents , university of oxfords libertie● , steward of oxford , revocation , kings prerogative , citizens liberties . answ. kings councel liberties suspended● sheriffs oaths , allowances . answ. kings councel . wager of law , nonsuit . kendal cloaths , alneager . answ. kendall clothes , merchant strangers , commissions , marriners , common law. answ. rome . benefices . kings courts . answ. councel . felonies . south wales . wales , fligh● , felony . herefor●shire . forrest of ewayston , ●ll customes , forfeiture . old laws and customes , privie seal . answ. welch theeves , welch men , lords marchers , disclaim , welch theeves . provisors , rome , popes collectors , first fruits , praemunire , variance from the record . losses , burgesses of melcomb , fee farm , desmes and fifteens , inquiry , chancery . petition , prince of wales , chester liberties , adjournments in in pleas. welchmens lands services to the lords reserved . answ. license for all to passe the seas , priors aliens , kings confirmation . answ. assizes lyme . l●sses , fee farm , desmes and fifteens , extent , chancery . answ. kings co●ncel , petition . clothes . shrewsbury , poverty , discharge of desmes . answ. denelchester , fee farms abated , restitution , hundred of stayn , king iohn . answ. councel to examine , desmes and fifteens , isle of harling , letters patents confirmed , fifteens . great yarmouth , desm abated , answ. provisions , rome . writs of summons . no chancellor , causes of parliament , liberties to be injoyed by all . good government laws observation , outward defence against enemies , callis siege . subjects good will , obedience . subjects duty , honour , obedience , benevolence , hearty assistance , necessity , ready and speedy assistance , consultation , commons to elect and present their speaker . petitions . thomas chaucer speaker , presented , excuse . king● speech . lords and commons unity , no unfi●ting words , or attempts to the contrary . commons request assizes prorogued . commons request . lollard● , no example . commons request , parliament adjourned till after easter , re-assembled . commons requests . kings councel assigned , justices oath . untrue indictments , punishment . payment , purveyors . commissions oyer and terminer . riots , answ. castles , marches of scotland , provisors , r●sidence . wales , castles and towns , provisions , residence . seas safeguard , truce with enemies . forreign revenues , souldiers . officers account . h●reditaments and revenues of the crown . grants to be void , queen , prince , kings sons , crown land● , constable , marshal , admiralty . customer , comptroller , searcher oastry , fine , imprisonment . subsidy and customs . custom of cloth. exchange of money , officers , judges , bribe , reward . arrest , lollardy , bail , purgation , sheriffs , good● purloined . answ. subsidy duly imployed as grant●d . aliens , oath , mercha●ts , lodging , allegiance , service in war , brokers . subsidy of wools , calice . indictments . imprisonment in the tower , truce broken , ship taken , justification , confession . pardon craved and granted , satisfaction given● tail , forcible entry , possession . restitution , writ to the sheriff , a●●se , proclamation , defendant to answer . piors and misdemeanors complained of . writ to the sheriffs , capias , kings bench , defau●● , sei●●n of bodies , and lands , and goods , justices . commons request kings council declared , sworne to do justice , justices sworne , prince not sworne . sir walter hungerford , waste , priory of farl●y , office t●aversed , sheriff , jury . queens dower confirmed by parliament , recompence if seised . rich. de hastings , attainder , treason , restitution to blood and lands . petition for title to lands . lord lovell , king names an able jury , the sheriffs enacted to return them , assise , delays outed . speaker , notice of the councellors names that were changed , queen . kings sons advancement , kings thanks . subsidy granted , part to be disposed of at the kings own will. counties petitions , sheriffs discharge , accounts , oath . answ. kings council . heirs , knights service , aetate probanda , traverse . inquest , livery . answ. old use . commons request norwich , worsteds , seal , fees , forfeiture . patents revoked , exactions , clothes , aulnage . answ. council , university of oxford , chancellor oxfords liberties . truro , desmes and fifteens abated to them . admiral of the north , deputy . answ. burrough of melcomhe , their feefarm abated & desmes , poverty . treasurer , barons , traverse of inquests , nisi prius . answ. lymes feefarm abated , and their desmes . west-hatch , desme discharged mistake . answ. exchequer . barons . winchester , maintenance . nusance , wears , avon . answ. election of knights . hostlers . admirals usurpations , exactions . answ. justices of assise , records , treasury . justices , attornies reduced to a certain number , their oath , imprisonment , prothonotaries , filicers . custom , seal of kersies and frizes . answ. games laborers . reprisal of french goods . answ. letters of request . gally halfpence . cloth , aulnage non residence . forfeiture . answ. convocation . mayor and commons of oxford , contribution , desms & fifteens . court christian , civil contract , imprisonment , fine . answ. common law. kings chief butler , prizes of wine , dec●it , londoners exempted , coloring strangers wines . answ. london , citizens res●●nt . writs of summons . commons called , steward , thomas beauford , chancellor , letters patents , parliament begun and prorogued . king , causes of parliament , good government , execution of the laws , defence of the realm , guarding the seas . trusty councel , due obedience , keeping of the laws , hearty relief , kings distresse . liberties to be enjoyed by all persons , commons to chuse and present their speaker . petitions . thomas chaucer speaker presented , excuse , protestation , he to speak as others had done before , without any novelty , kings prerogative . speaker desires time to answer in writing . protestation . tunnage and poundage granted of their own good will , not of duty , a subsidy of s. eight d. upon every l. land . mor●main , frank almoin . speakers request , kings thanks , kings councel , treasure well imployed . lord roos his complaint , robert therwit , melton roos common of pasture , and turbary . lying in wait , fault confessed , pardon craved , arbitrators elected . award in parliament , right of common referred , william gascoin chief justice , provisions . confederates pardoned , visitation , fault con●essed , pardon craved , five hundred marks reparation . reparation refused , pardon granted , archbishop of canterbury , hereticks , lollards , oxford subject to the archbishops visitation . university of oxo●● popes bull , exemp●ion , archbishop di●●●●bed in his v●●itation of o●f●rd , chancellor of oxen , proct●●● of ox●n , decree in chancery , oxford university subject to the archbishops visitation , their liberties seised till submission . confirmed by parliament , kings prer●gative , popes bull●● colledge of fotheringhay , letters-patents confirmed in parliament . sir iohn lumley , restitution in blood and lands , treason , furry without a scire fac . william de lasingby restitution , treasurer . ralph green , restitution . guieneses proclaimed to be subjects , not aliens , reproach , denizens , king and lords . advow●on , appropriation , cha●ntry , vicar . speakers request in the commons name , kings explanation of an article , kings prerogative article revoked . lords and commons petition , r●port that the king was offended with them , &c. queen , prince , and kings sons advancement is required . petitions answered , kings thanks , parliament ended . mint , minters , tower. gold , silver , allay , petitions : church-liberties , sheriffs surcharged . answ. pardon . account , exchequer , quietus est , v●xatlon , &c. answ. licence , woolls , staple , calice . answ. barwick justices of assise . merchants strangers , lodging , english house , hoast , merchandise , brokers . answ. lords 〈◊〉 peruse statutes answ. merchants , free exportation . answ. answ. price o● pepper . liveries , variance . northumberland , justices of assize , sheriffs , coroners , presentments , inquiry , maintenance , mony transported , scotland . answ. plymouth , corporation , answ. composition , lords of liberties , report the next parliament . officers , exactions , impositions● severn . marches of wales robberies , extor-welchmen . answ. impositions upon cloaths and canvass a grievance , aulnage . answ. clothes . variance . customers , variance . procedendo prayed , aid of the king. answ. bristol , glocester , severn , free passage , due custome , exactions , beaudley . answ. welchmen , arrest of the kinred of malefactors . answ. clerks , attornies , revocation . answ. justices of both benches to reform mischiefs in their courts . next parliament . notes for div a -e writs of summons● parliament proroged . king. chancellor . causes of the parliament . maintenance of the churches , corporations , and peoples liberties . parliaments advise . supportation of the k. royall estate . lawes execution . good government . allyes cherished . enemies suppression . commons to elect and present their speaker . petitions . william stourton . commons present their speaker . excuse . speakers protestation . commons declaration to the king by their speaker . kings fair promises for observing laws not executed . ryots corrected . abbot of cirencester . speaker required to exhibit complaints in writing . committee of commons . their schedule delivered to the king. ireland . marches of wales . scotland . callice . guyenne . sea● garding . navy . government . enemies repulse . speakers protestation prayed to be entred on record . iohn dor●wood speaker . a new speaker chosen in place of the former . excuse . protestation . annuities . patents . kings supportation . king h. . his last will. the kings exec. refuse , because the goods will not perform the will. the names of the ezecutors . overseers . ordinary . the archbishop of cant. committeth the administration . kings goods not to be set to common sale . the k. 〈◊〉 them of the 〈◊〉 executors accomp● discharge of executions . aliens avoided . kings prerogative . ryce ap thomas , a welshman , made a denizen . subsidy of staple wares granted . tonnage & poundage granted , upon condition . general pardons upon condition . petition . gunwardby erroneous judgement in the kings bench , complained of in parliament . errors assigned . scire facias , to appear at the next parliament . election of knights and burgesses . nusances in rivers . provisions . rome . ordinaries oppressions , probate of wils . resp. bishops promise to redresse them . ordinaries oppressions . pecuniary penance . account in the exchequer . knights & burgesses require costs and wages , where nothing was done . resp. presidents to be searched . forgery of deeds . variance . under-sheriffs . additions . exigent . tryals in wales . jurors oath in inquisitions . embracery . bribery . voir dire . priors aliens . perambulations . disafforestation . resp. charters of the forest. sheriffs surcharge . oaths . exchequer . resp. council . barons of exchequer . barge , ship , boat. deodands . resp. ships . prize taken . enemies goods . inquisition . resp. commissioners . aliens . aliens merchants . imprisonment . priors aliens lands seized . irish men . begging priests . merchants free trade . arras . customes . resp. measures . writs of summons . king. painted chamber . chancellor . churches , and other liberties to be enjoyed . kings good government . recovery of his due inheritance belonging to the crown . aid required . times of — peace and warr. enemy best assailed when peace at home . war requires good counsell , subjects obedience . free aides and relief . kings royall voyage . commons to choose , and present their speaker . petitions . thomas chaucer speaker presented . his protestation . dismes , and fifteens granted . king and councell . ordinances for coyn . petition to reverse a judgement for errours . th. mountacute com. salisbury . erronious judgement in parliament● formerly reversed . lords judges . petition abated . judgement affirmed . nusances in rivers . mils . weares . thames . meadway . ley. commission . sewers . mayor , or keeper of london . justices of assize . recovery to assize . justices commission revoked . judgement prayed notwithstanding . percie e. of northumberland . prisoner of warr. forfeiture . restitution in bloud , and tayl land . resp. entail proved by record . k. chief butler . kings executors ordered to pay debts . tallyes . petition . belknaps sons restitution in bloud and land . petition . letters patents defective confirmed . fraudulent conveyance . execution prayed . resp. legall recovery . kings debts to be paid . pardon of forfeitures for liveries . the earldome and castle of richmond confirmed to iohn duke of bedford , and his heirs males . lands excepted . release . prior of st. neote . prior aliens , denizens . confirmation . dean and chapter of chichester . prebend and manor of welmenghton . letters patents confirmed . welshmen denizens . denizen . denizen . lands dissevered from the crown , and united to the dutchy of lancaster . humfrey bohun , constable of england . parceners . dutchy of lancaster . petitions . liberties enjoyed . knights of kent wages how to be levied . weavers of london . reprises . letters of mart confirmed . merchants of iean . resp. english merchants . italians . letters of mart. resp. justices of peace . variance . dutchy of lancaster . priests wages . variance . enquests . va●iance . devonshire cloathes . cocket . customs . resp. gilding . goldsmiths . treason . welchmen . southampton fee-farm released in part . priors aliens . license to purchase lands . mortmain . staple . writs of summons . parliament proroged . writs of re-summons . writs of summons . king. painted chamber . chancellors speech . all to enjoy their liberties . causes of parliament . france the kings due patrimony . his good beginning , and proceedings there . consultation . commons to choose their speaker . petitions . sir walter beauchamp speaker presented . protestation . disms & quindisms sooner paid than limited . scismes at rome . bishops confirmed by the metropolitan . kings writ . henry percy . homage made in parl. to the king. prorogation of the parliament . chancellor . causes of the adjournment . the devout time . peace offered by french. king of romans mediator for peace . commons to consult thereof . dutchy of lancasters liberties confirmed , steward of the dutchy . justices of peace . dutchy seal . nullity . kings pardon . io. baskervile . restitution . recovery in assize . alexander meringe . clerks mistake . disseisin after the assize . misprision . amendment . justices . london . wardens . search . mayor and aldermen of london . scire facias , returnable next parl. executors . error in parliament to reverse a judgement in b. r. attorney in parliament . writs of errour . lincoln . sheriffs . coventry . surveyors . dyers . kings debts to be satisfied . tallyes . churches liberties , &c. knights wages . resp. attornies . variance . amerciament merchants complaint against imposition & extortion of the kings officers in bayon . un●versity . resp. grievances . usurpation . e. of arundel . free chase & warren . rape of lewes . earl warren . resp. livery sued . chancellor and justices . sheriffs discharge . exchequer . resp. ships impressed . patents for impressing . fraight . hyre . ready mony . resp. ships serving the king. fraight wages . resp. aliens . iseland . fishing . resp. iustices . chief barons kings serjeants . attorneys . resp. old use. incumbent . benefice . provisions . ordinaries inquiry● hospitalls . resp. indictment . kings bench. capias . exigent . resp. purveyors . measure . marker . payment . resp. clergy . universities . new learning . provisors . old ●aith neglected . resp : bishops to remedy it . washing of money . prisoners escape . arbitrary penalty . resp : treason . coynage . earl of arundels encroachments . prior of tortington . resp. complaint against a ●raudulent recovery of . manors in an assize . resp. king and his assistants . surety of the peace prayed in parliament out of the chancery . subpoena● chancery . exch●quer . common law. penalty . resp. fees. probate of testaments . archbishop of york . his liberties confirmed . sheriffs turn . beverley . rippon . oyer and terminer . felonies . iustices of peace . non-obstante . repeal . admiral ship . burdeaux . masters oaths not to desert the admiral . ship taken by the enemy . contributiō . recompence from the other ships . resp. chancellor and justices to order it . writs of summons . king. painted chamber . chancellors speech . liberties to be enjoyed . causes of the parliament . kings oath and travell . good lawes . upright government . peace with enemies . french refuse peace . prisoners , and their ransomes refused . king necessitated to warr. peace the end of warr. commons to choose and present their speaker . petitions . roger flower speaker presented . his protestation . desmes , and fifteens granted . moneys advanced by loane , to be paid out of the subsidy . sureties for re-payment . subscription to the articles . kings generall pardon . king makes an earl in parliament . * it should be duke of exeter . a league between the king , his heirs , and successors , and the k. of the romans , &c. confirmed by parliament . release by duresse . wales . resp. kings councell . restitution in bloud and lands intailed . io. holland com. huntington . dutchy of cornwall . resp. restitution . petition . tayle . scire facias . master of the mine . restitution . old coyn . tower. treasurer . resp. councell . bourdeaux . succours prayed . resp. suit at rome , and in the council of constance . abby of fountains delay . resp. kings letters . pardon prayed , resp. irish bishops . great charter . sheriffs allowance . extracts . variance . patent makers . customs of wines released . servants wages . debts . protections . priors aliens . resp. kings prerogative . common law. merchants aliens . pardon . peace-breakers . letters of mart. writs of summons . duke of bedford warden of england . parliament held by him . painted chamber . chancellor his speech . liberties to be enjoyed by all estates . kings atchievments welch rebels suppressed . conspiracies against the christian faith . victory over the french. normandy . causes of parliament . keeping the peace . laws observation . kings voyage . guarding the marches of scotland . honour . commons to choose and present their speaker . petitions . roger flower speaker presented . his protestation . one dism and quindism granted . sergeants called apprentices at law , made sergeants after their refusal . warden of england . sir iohn oldcastle outlawed of treason . excommunicated for heresy . brought before the lords . he answers not to his conviction . adjudged a traytor to the king and realm . his judgement of treason to be hanged and burned . tower. the record against him . lollards . conspiracy to subvert the clergy , kill the king and other nobles . earl of huntindon . livery stayed . scire facias . prisoner in execution bayled . gardian of england . lord powis . proclamation . sir iohn oldcastle heretick . iudas his reward . monies lent to the king for his wars , repaid out of the customs . patents confirmed . duke of exeters creation money . priority . liberties confirmed . insurrections . lollards . traytors . commissions . resp. nusances in rivers . resp. merchants . taxes . port towns. resp. merchants . staple . custome . cockets . vexation . slander . resp. kings pleasure . attornyes . collectors of the clergy . resp. writ● of summons . writs of summons . chancellors speech . warden of england . parliament held by him . painted chamber . prayers for the king peace sought . warr began . victory . honour . good governance . defence . aid . commons to choose and present a their speaker . petitions . roger fowler speaker● presented . his protestation . one dism and quindism granted . advance moneys to be secured by it . lords subscription . lords of the council . coin. monies kept within the realm . necessaries for soldiers bought here . wools transported . staple . non-obstante . confessor . queen dowager accused of treason . sureties lands seised . indictment removed . murder● no such indictment . indictment vacated . indictment recalled . liberties . consp●racy . partition . copartners . resp. common law. chaplains wages . penalty● resp. exigent . forgery of deeds . recognizance . peace . sicknesse . imprisonment . plea. resp. common law. hunters . forfeiture . resp. annuity . writs of summons . duke of bedford . parliament held by him . chancellors speech . law. causes of parliament . good lawes . frontiers defence . petitions . lieutenant of england . richard baynard . speaker presented . his protestation . desm , and fifteen granted . william lord clinton . feoffement in trust . performance of his will. refusall to perform the trust . re-enfeoffement inacted . incumbrances discharged . feoffement in parliament . deed inrolled . somersham . tythes of meadow . arches . abbot of ramsey . prohibition . judgement in parliament against the prohibition . coyn. coynage . mony. mint master . exchanger . resp. wardens of exchange . coynage . callice . allay . mony. gold. false weights . temporary statutes . justices . sheriffs . clarks misprisions . amendment . resp. kings councell . exchangers . rome . chancery . common law. collectors . abenden bridges . free passage . willowes . writs of summons . notes for div a -e writs of summons . commission to hold the parl. read . painted chamber . archbish. of cant. causes of the parl. henry the . king. france . the perfections of the number of . liberties . kings infancy . good governm . of the kings person . keeping the peace . execution of laws . def. of the realm . counsellors . officers . speaker to be elected and presented . petitions . kings commissary . roger flower presented speaker . protestation . councils writ● for summoning the parliament confirmed . chancellor . the great seal resigned . witnesses . chancellor of the dutchy of normandy . his seal resigned . great seal resigned , discharge by parliament . the kings stile changed by act. seals . chancellor . treasurer . privy seal . their patents confirmed by parl. liberties confirmed to all estates . king henry the . his will and executors . legacies . overseers . subsidy of tonnage & poundage granted . imprisonment . heresie . lollards . ordinary . petitions referred to the council to determin . chamberlain of englands office granted in parl. constable of england . protector and defender of the realm , created in parliament . chief constable duke of bedford . d. of gloucester deputy protector , &c. protectors power . forests officers . parkers . benefices . kings counsellors appointed in parl. with their power . justices of peace . sheriffs . escheators . customers . comptrollers . weighers . searchers . officers . wards . mariages . farms . casualties . all acts of council by . or more of them . major part . protectors assent . treasurer . chamberl . of the excheq . key of the k. receit . oath . councell . clark of the councell . his oath . articles enacted . officers . deputies . anne countesse of stafford . partition . constable of england . brecknock castle . resp. kings councell . mint . tower. minters . coynage . exchange . fees. captains wages . exchangers . rome . kings chief butler confirmed for life . surrender of common . clarindon parks . a stickler . exchange confirmed by parliament . uphaven . petitions . queen dowager . league . queens dower confirmed in parliament . petitions . chancery . common law. resp. purveyors . irish men . sheriffs . staple liberties . pleas removed . resp. offices confirmed . writs of summons . commission to the protector to hold the parliament . chancellor . causes of parliament . fear of god. king of england king of france . conquest . lords of the council appointed in parl. peace of the realm . kings minority . commons advice . the speakers choice and presentation . petitions . iohn russell speaker , presented to the lords . protestat . l. talbott lieut. of ireland . e. of ormonds accusation . constable of engl. marshal court. treason . accusation repealed by parliament . committee of commons . scots ambassadour . mariage treaty . minters . exchange of money . tower. petition . coynage . york . gold coyned . commission . parliament adjourned . parliament . poundage . years . kings councils names . their articles and orders . protector curbed . clerk of the council his oath . poor . kings serjeant . no fees. sir iohn mortimer . imprisonment . tower. treason . prison broken . indictment confirmed by parliament . judgement given . tiburn . drawing and quartering . judgement without arraignment or trial petition . q. katherines dower . kings executors . patents . kings executors . jewels . plate . executors . kings debts paid . kings jewels pa●ned . petition . kings executors . wards . mariages . goods . debts . chattels . executor . loanes . payment . morgage . tabernacle . confirmation . loan repaid . patent . customes . commissions . treaty . scots ambassadors . scots kings delivery . confirmation : ward . king. promise . mariage . confirmation . kings repentance . lord scroops attainder . forfeiture of lands . tayle . restitution . lord treasurer . kings executors . confirmation . kings inventory . kings apparel . dutchess of gloucester . indenization . denizens . confirmation . kings grant confirmed . mortmain . syon abbey . petition . prisoners of warr. iohn earl of h●ntington . ransom● petition . qu. ioane her dower restored . merchant strangers . wool. subsidy . petition . st. leonards hospital in york . threaves of corn. duke of york . attorney . staple . callice . transportation . looms . callice . staple . custom . forfeiture . mint . callice . churches liberties . cordwayner . tanner . assize . delay . disseisor . collusion . resp. commission . oppressions . misdemeanours . lord talbot . ancient demes●e . goderich castle . sureties . irish sureties . mony. embroydered clothes . deceit . forfeiture . outlawry . ousterly men . justices of peace . nusances . thames . officers in courts . able clarks . deputies . measures . pipes . minters . goldsmiths . master of the mint coyning . justices of peace . labourers wages . imprisonment . fine and ransome . commission . sewers . trunkes . nets . reversioner . receipt . suspicion of treason . treason . imprisonment . breach of prison . writs of summons . difference between the lords . the ill consequences thereof . maintenance of quarrels abjur'd by all the lords● peace and reconciliation endeavoured . earl marshalls precedency . earl of warwick . pedegree of the earl marshall . bloud royall . counsell or advocate in parliament . claim without possession . precedency . great councell . precedency . earles of kent and arundell . earles of vwarwick , and marshall . resolution in parliament . places in parliament . patent . teste warwick before marshall . pope . provisions . earl of arundell . bloud royall . bloud royall . guienne . armes royall . warr. earl of dorset . precedency . warwick preceding of the lord stafford . bloud royall . king e. . bloud royall . armes difference● precedency . king e. : bloud royall . earl of hereford . earl of northampton . earl of devonshire . precedency . earls not to sit in parliament till their titles declared● councell . earl of vvarwick . possession . judgement . e. marshalls answer . possession against right . judgement . examination by learned lawyers● possession . earl marshalls proof . judgement praye●● entry of record● earl ma●shall . duke of norfolk created . duke of norfolk . stipend of marks . petition . dukedome of norfolk claimed . councel . entry of record . king , lords spirituall , and temporall , and commons , declare the earl marshall to be duke of norfolk . duke of norfolk . homage . precedency . king present in parliament . painted chamber . chancellor . causes of parliament . liberties enjoyment . subjects obedience . good counsell . aid . subjects obedience . sound counsell . aid to the king. obedience . sound counsell . elephant . counsellers . freedome from malice . inflexible . reward . respect of persons . memory . aid to the king. victories . conquests . commons choyce of a speaker . speaker presented . petitions . sr. tho. nanton speaker . excuse . protestation . earl marshall . earl of vvarwick . precedency . both earls suspended during the controversy . councell learned heard . lords iudges thereof . protector . oath . iudgement without affection . earl marshalls title . councell allowed . pedegree . bloud royall . armes . earl of lancaster . earl of arundell . sr. vvalter beauchamp . earl of vvarwicks councell . his title . antiquity . possession . pedegree . iudgement demanded . duke of norfolk restored . parliament proroged . letters patents . lord talbot bound in the chancery by recognizance to keep the peace : appearance the next parliament . lords promise . assurance for mony lent the king. subsidy ●f wools. tonnage & poundage upon condition . merchants aliens . scottish hostages . wardens of the marches . oathes . combat inhibited . duke of gloucester , & duke of burgain . kings councell . assurances to creditors of the king , made . kings debts . letters pa●ents . customes . revenues . kings jewels gaged . bishop of ely. affidavit . recovery . iudgement respited . perambulation of shires . lincolnshire . cambridge shire . vvisbich . common . 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established . officers . old servants of the king preferred . the councils promise to perform the articles . petitions . revocation . burdeaux . imposition . riots . forest of deane . windsor chapel . corporation . dean of the free-chapel of winsor . convocation . privilege . denmark . sewers . liveries . weights . burning of houses . treason . out of the realm . appeals . trial. constable . marshall . laws of the realm . resp. election of knights . sheriffs . processe . exchequer . resp. kings council . burgesses , writs for wages . sheriffs . resp. justices of peace . piracies . resp. breakers of truces . scotland . resp. soldiers . victualls . free-quarter . resp. contribution . knights wages . burgesses . resp. labourers . lambs wool . subsidy . poundage . resp. forcible entries . variance . processe . indictments . appeals . apprentices . london . errors assigned . protections . felons . fugitive . amendment of records . escheators . privilege of parl. a burgesses servant delivered out of execution . commos house . chancellor . commission . re-execu●●on . no arrest but for treason , felony , peace . shipping . staple . staple . prices . mint . callice . merchandise . callice . newcastle . barwick-calli●e . wools. deceit . thrumms . gold. merchants aliens . assize . franchises . mayor of the staple . petitions committed to the councils determination . ireland . error in the parliament in ireland , corrected in the kings b. & parl. here . printed acts not in the record . writs of summons . humfry duke of gloucester . keeper of england . painted chamber . chancellor . sicknesses dr. william linwood . causes of parliament . king and kingdom established . unity . peace . justice . peace . justice . obedience of magistrates . counsel . relief of the poor . due liberties enjoyed . speaker chosen and presented . petitions . commons reported their speaker . iohn tirrel . speaker presented . excuse . protestation . safe conduct granteth . iohn okilith . ireland . ambassadors . safe-conduct . dism & quindism granted . tonnage & poundage granted . merchants strangers . subsidy upon lands , s. on every l. lands & knights fee. sr. iohn poultney . lands given to pious and charitable uses . corpus christi chapel . prisoners . london . distress created . prior of christ-church . distress for a quit-rent . treaty of peace with france . identitate nominis . outlawry . additions . welshmen . denizen . chancellor . sute for a bargain of wool. rent in feee . distress . mayor of northampton . and repay . baily of winchelsey . kings council . officers . fees. kings council . assurance . kings creditors . coheirs . petitions . assize . outlaries pronounced , additions . resp. payment . merchants . judgements . owen glendor . forging of deeds . venire facias . resp. statute revoked . denmark . resp. ambassador . yarn . executors . idemptitate nominis . newcastle merchants . wools. resp. free passage . severn . iudgements . letter of attorney . resp. dorchester . extortion . sheriffs . weights . cheese . ley river . attornies . attachments . prohibitions . tith-wood . resp. ely isle . cambridgeshire . knights of parliaments fees. searchers of woollen cloth . fees. cloths sealed . resp. writs of summons . king. painted chamber . chancellor . causes of parliament . princes duty . subjects duty . peace . rebells against the chu●ch & ministers lawes execution . subjects inrichment . liberties . speakers choice . presentation . peti●ions . lords unity . duke of gloucester . chief counsellor . king. council . major part . iohn russel speaker . presented . excuse . protestatiion . dism granted . subsidy of wools. tonnage and poundage . increase of poundage released . cardinals purgation . rumor . traytor to the realm . kings jewels gaged . arrested . kings jewels . the cardinals loan of monies on them . pardon to the cardinal . provisors . petition . ralph l. cromwell . l. chamberlain discharged for no offence . kings council . petition . executors . whittington college confirmed . petition . clerks of the chapel . kings gift . payment . commons petition● iustices wages . kings sergeants . kings attorny . prior of charter-house . conduict . rent . herbage . abbess of sion . letters patents . confirmation . letters patents . confirmation . accountants . pardon . d. of york . petition . livery ouster le main . chantry . mor●main . confirmation . kings feoffees in trust . payment of debts . kings executors . sir iohn cornwall created a baron . recognizance . staple . mayhem . attorney . resp. sheriffs turn . amerci●ment . iustices . resp. merchant strange●s . resp. election of knights . restitution . denmark . parl. free-hold . examination . resp. co●nwall . sheri●●s turn . merchants hauns . rep●i●al . resp. merchant . cloth● alnage . seal . resp. commons house . expedition . resp. appropriation . vicar endowed . resp. entry . outlawry . calice stone . print contrary to the record . gascoyne wines . resp. sheriffs extortions . prohibitions . attachments . tith-wood . resp. exigents . indictments . appeals . lancaster . outlawry . forfeiture . resp. religious persons . non-sute . wager of law. resp. attaint . damages . iuries . resp. subsidy released . fofeiture . staple-wares . surety for the peace . recogn . chancery . scire facias . error in parliament . errors assigned . next parliament . writs of summons . king. painted chamber . chancellour . causes of parliament . lords . commons . artificers . unity , peace . equity . justice . obedience . commons to chuse and present their speaker . liberties enjoyed . petitions . roger hunt speaker presented . excuse . protestation . duke of bedford . kings person . safegard . losses in france . false rumors . purged by the king. loyal subject . plague . chancellour . kings thanks . parliament proro● kings want of mony for his houshold . l. treasurer . speaker . president . excommunication . president . maintenance . offender against the laws . lords oaths all the 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denizens . earl of arundels petition . place and precedency . duke of no●folk . ward . paroll demurre . council ●n parliament . tayl. restitution awar●ded . petition . h. duke of gloces●er . his honour confirmed . annuity granted . tayl. prior alien . annuity . prior alien . confirmation . commons request . melcomb port. poole liberties . southampton . non-ubstante . sr. iohn radcliff . annuity . lady beauchamp bound to the peace , payeth l. for breach thereof . sureties . kings council to attend . cardinal . stewes . inquest . murder . baron and feme . judgement of treason . resp. churches liberties . sheriffs . assize . collusion . assize . pernors of profits . scots . britons . admiralty . restitution . reprisal . resp. damages . attaint● waste . justices of peace . stewards . counsel learned . resp. alien . brokers . resp. merchants alien . present payment , resp. indictments . sheriffs turns . weights & measures . prohibit . tithwood . alnage . tenure . honour of bolony . resp. kings council . truce-breaking . repeals . wardens of north-marches . resp. scire facias . statute-staple . affrays . privilege of parl. wax-chandlers . merchants aliens . merchandize . resp. callice . shipping . creeks . kings feoffees . kings debts paid . resp. customs imbezelled● customers . prisoners french. safe conduct . ●ex talionis . resp. commissions . oath writs of summons . writs of summons chancellour . king. painted chamber . causes of parliament . duke of burgundy . revolt . cardinals . peace . ambassadors . frenchmens scoffs . kings title of france . defence with force . advice of parliament . commons to chuse and present a speaker . petitions . iohn bowes speaker presented . excuse . protestation . kings council . assurance to creditors . duke of gloucester , callice . souldiers wages . monies lent assured . subsidie of d. upon every pound land . oath . desme granted . decayed towns relief . subsidie on wools , &c. and tonnage and poundage for years . kings feoffees in trust . uses declared by patent . prisoner of war. fine and ransome . ransom . pardon granted . dover castle . prison-breach . judgements . felonies . licenses . shipping wools. sessions . carlisle . sessions . staple . aliens . victuallers . retail . prizes on the sea. writ exchequer . penalty . resp. vessel . deodand . resp. easterlings . liberties . iceland . resp. safe conduct . alien . collector of desmes . resp. writs of summon . writs of summons . chancellor . king. causes of parliament . crowned men . kings crown . commonwealth stable . obedience to the prince . kings prehem●nence . kings virtues . justice . crown in gods hands . justice . peace . vent of commodities . realms defence . seas guarded against enemies & rebels . commons to chuse & present a speaker . petitions . sr. io. tirrel speaker presented . excuse . protestation . treasurer . debts paid . callice . souldiers payment . sr. iohn cromwell . corporation of friers . annuity . cornwall chapel . petition . ravishment , proclamation . traytor . petition . duresse . mariage . ravishment . appeal . fine to the king. mariage without the kings license . patents confirmed . license to impark and build . greenwich park . petition . customs of callice . souldiers pay , treasurer of engl. e. of oxford . fine for mariage without license . debt assigned . marshall . steward . corn transported . impositions at burdeaux to cease . resp. treason . burning of houses . resp. safe-conduct . sureties . subpoena . attaint . committee of commons . will. beerley speaker . sir iohn tirrel their speaker being sick . protestation . disme and fifteen granted . subsidy of wools for three years . kings council . assurance for the kings debts . general pardon of treasons , &c. queen mother . king made her executor . he deputes others to perform her will. cardinal . lords of the council to answer petitions . bills read and answered by certain lords in the star-chamber . guilds . fraternitie . wapentake . staple wares . custom . prisoner . fleet. kings bench. writs of summons . chancellour . king. causes of parliament . unity . peace . liberties to be enjoyed . commons to choose and present their speaker . petitions . speaker elected . william tresham speaker presented . excuse . protestation . chancellour . parliament prorogued to reding . desme and one fifteen and● half granted . subsidy on wools. tonnage and poundage granted . aliens . aliens . poll mony . treasurer . assurance to kings creditors . kings debts . houshold . kings counci●il . purveyors . no return of knights election of knights . none to come armed thereto . kings feoffees to pay his debts . kings houshold . kings councill . petition . plymouth . st. laurence poultney . chantry . pauls . dean of pauls . mayor of london . annuity . distress . dean and chapter of lincoln . arbitrement confirmed by parliament . forfeiture . bishop of lincoln . debt . prior of st. oswalds . charter confirmed by parliament . appropriation . pope . provision . bishoprick of ely. popes bull rejected by the king. kings grant . petition . administration of a bishoprick or commend . confirmation in parliament . h. piercie . forfeiture . attainder . treason . tayl. merchant alien dies intestate . administrator . oath . parent . priority of payment , confirmation . petition . justices of both benches . justices of assize . kings serjeants . kings attorny . fees and liveries . clark of the hanaper . customes of london , bristol , kingston . rape . duresse . wales . tryal . welshman . denizon . condition . dutchie of lancaster . ryot . prisoner rescued . justices . oyer and terminer . ryots . liberties granted confirmed by parliament . tremerton . salterish . tamer . petition . io. earl of somerset , &c. executors . prior of mount-grace . lands confirmed to them mortmain . councel . annuity . prior of ierusalem . warrants . patents . juries . attaint . merchandise forein . collectors . tenths . office traversed leases . offices returned escheators . fines for alienation . dutchy of cornwall . nonnage . resp. fines for knighthood . resp. reprisal . spanish ships . felizer . exigents entred . sewers . justices of peace . indictments . outlawries . lancaster . merchants . transportation . hides . skins . tallow . resp. arrays & pannels . ships . dammages . resp. writs . treasury . resp. wools. callice . deceits . cloath gaging vessels . wine . oyl . customer . comptroller . licence to transport corn from county to county surery . resp. plague . homage . kissing dispensed with . italian merchants● no merchant to import merchandise but of their own country . resp. spiceries . garbelling . forfeitures . resp. part of the● desme . to defray purveyance for the kings house . ready pay . treasurer of the houshold . dutchy of lanc●ster . cornwall . purveyance . captains . souldiers wages . souldiers going from their captains . transportations butter , cheese . writs of summons . writs of summon . king. archbishop . deputy of the see of rome . chancellor . causes of parl. ambassadours . mariage treaty . peace . mariage contracted . truce . safe conduct . truce . justice . peace . commons to chuse and present their speaker . petitions . speaker chosen . will : burley speaker presented . excuse . protestation . chancellor . parl. prorogued . the . iune the parl. for the plague & harvest was prorogued to octob. parl. prorogued . merchants of ieane . escuage . london . half a tenth and fifteen . allowance to poor towns. tenth and fifteen . poverty . subsedy● tonnage and poundage for four years . aliens . patents . staple . lancaster dutchy . cardinall arch●bishop of york . seal . kings feoffees in trust . confirmation . speaker . marquesse . earl of suffolks good services . kings marriage . peace with france . his loyalty specially enacted . marquesse his declaration of his services . petition . hospitall of st. tho. of acres . corporation . mortmain . confirmation . eaton college confirmed by parliament . patents . patents . college in cambridge confirmed chancellor and lords protestation against the peace of france . act repealed . no peace without consent of the three estates of england and france . peace with france . purveyors . welshmen . denize●s . office. vvales . resp. shipping thrums . election of the mayor of the staple . callice . resp. worsteeds . outlawes . kings bench. execution . collusion . clergy . habeas corpus . sanctuary . satisfaction . corn shipped . head-pence . sheriffs . coyning . half-pence . farthings . sewers . indictment . appeal . forein county . exigent . resp. extortion . sheriffs . knights wages . privilege of parliament . assault . sr. tho. parr . resp. murderer pardoned . to be executed notwithstanding . servants wages . forein pleas. gascoyne wines . free trade . resp. gascoyne wine . resp. purveyors . knights election . gageour . escheators . fees. wines . writs of summons . writs of summons . king. archbishop . popes legate . chancellour . causes of parliament . ambassadors . interview . safe conduct . parliaments advice . parliaments counsel commons to chuse and present their speaker . all to enjoy their liberties . petitions . speaker elected . william tresham speaker presented . excuse . protestation . executors . charitable uses . chancellor . mr. & chaplains of trinity . pontfract . entry . patents . provost of eaton , & its lands & liberties confirmed . fairs . patents confirmed . kings college in cambridge . queens dower confirmed by parliament . petition . reprisal . letters of mart. truce . dutchess of gloucester barred of her dower . kings council . assurance . kings creditors . petitions . schoolmasters placed and displaced . ordinary . archbishop . distresses . welshmen . felony . resp. process . stat. repealed . resp. vvelshmen . kings debts . distress . trespass . treble damages . resp. writs of summons . king. painted chamber . chancellor . causes of parliament . commons to choose and present a speaker . petitions . iohn day speaker presented . excuse . protestation . half dism and fifteen granted . tonnage and poundage for . years granted . parliament prorogued . council . assurance . kings debts . revenues . jewels . plague . chancellor . parliament prorogued . half dism & quindism granted . poll-money granted . alien . subsidy of wools. soldiers wages . ca●lice . reparations . lord hastings . duke of somerset . kings lieutenant in france . message from him to the parliament . power & preparat . of the french king. breach of peace . warr. normandies weakness . truce near expired . preparat . for warr. earl of devon. ea●l of arundel . precedency . king and lords enact . judges advice . arundels precedency . petitions . staple . cloaths . brabant . distresses . vvales . clarks convict . prison . resp. fayres & markets . kings pardon . writs of summons . king. painted chamber . archbishop . parliament prorogued . plague . commons to choose and present a speaker . petitions . sir iohn popham speaker . his excuse admitted and he discharged . william tresham speaker presented . protestation . parliament adjourned . archbishop . chancellor . thanks to the three estates . parliament prorogued . old chancellor discharged . a new appointed . chancellour . parliament prorogued . subsidy granted of d. the pound for lands , of d. above l. to l. and s. above l. lands . kings houshold . charges out of his revenues . duke of suffolk . speciall accusation . reports . the dukes protestation . his ancestors loyalty and service . his own service in the warrs & else where . taken prisoner . his great ransome . order of the garter . counsellor to the king. his purgation required . the commons require his commitment . the lords and justices see no cause for it . imprisonment . speciall matter . speakers charge against the duke . report of selling the realm to the french. furn●shing vvallingfo●d castle for his defence . he is committed to the tower upon request articles of accesation against vvill. de la pool duke of suffolk . to match his son to the daugh● . & heir of the d. of somerset . to claim the crown . to depose the k. by aid of the french. enlarging the d. of orleance . practising with the french to recover france . practice to deliver manns & main to the king of sicily , the kings enemy . disclosing the kings couns . to the french. disclosing to the fr. the kings forces , &c. for causing the peace to be broken . supporting the ks. enem . staying arms . for not comprising the k. of aragon , & d. of britany in the last peace . commons pray the attic. to be enacted . new articles by the commons . procuring the king to give away his crown lands . for procuring lib. in derogation of the com. law , & justice . procuring honors and pensions . for causing the k. to give away a cast. &c. the author of guienns revolt from the king. for procuring the keeping of towns & offices on unworthy persons . causing an imposition on victuals , to pleasure an enemy . procuring grants from the k. in normandy to frenchmen , his chiefest enemies . for procuring the k. to promise to attend in person at a convention in france . misimployment of subsidies . spending the kings treasure , &c. consuming the ks● treas . for procuring himself to be e. of pembroke , &c. for conveying out the kings treasure . for staying of process on an appeal , &c. for procuring a pardon for a murderer , &c. for procuring his confederates to be made sheriffs . for fighting with the kings allies , &c. art. to be enrolled . the d. to answ . them the d. brought by writ to the parl. the articles read to him . he desires copies of them . kept in the kings palace in the tower t●ll answer , by certain esquires . he appears and kneels . denies the . articles of treason . the . impossible . he referreth himself to some act● of council , to many of the rest , and the kings patents . the other lords privy thereto . bishop of chichester privy seal . his . appearance before the lords . the chancellor repeats his answer . that he put not himself upon his peerage . protesteth his innocency . referreth himself to the king. he put not himself on his peerage . the king acqui●s him of treason . king banishment . ban●sheth him upon the articles of misdemeano● , not as his judge , but arbitrato● , to whom he appealed . the lords protestation against it enrolled . resumption . exactions , searchers . plymouth . distresses . welshmen vvill. talboys . privilege of parl. assault . ralph l. cromwell . kings council . imprisonment in the tower. damages . common baretter . cloaths . brabant . pardon . sheriffs . patents . oastlers . brewers . abbot of bu●y . disms . officers . extortion . fees. resp. writs of summons . king. archbishop of york . cardinall . chancellor . causes of parliam . defence of the realm . seas garding . supplies . army . iusurrections . suppression . commons to chuse and present a speaker . petitions . sir will. oldhall speaker presented . protestation . subsidy altered . complaint and appeal of murder by the wife . vvelshmen . murder . writs of proclamation for the male-factors to render themselves . appearance . imprisonment . appeal . triall . appeal by the sons . parliament prorogued . parliament prorogued . kings poverty . customs . justices wages and liveries . allom. merchants of iean . to be repaid for it out of the customs of staple wares . the allom sold for present monies . monopoly . none to bring in , or sell allom in . years . persons banished the kings court , because the people speak ill of them . commons clerk. kings secretary . general accusation . ill fame . resp. king consents for one year , unless they be lords . petitions . resumption . iack cade . attainder truce-breakers . patents . york . arrears of disms to be paid notwithstanding the kings pardon . deceit . writs of summons . king. w. bishop of lincoln . archbishop chancellor . causes of parliament . good government . def. of the realm . commons to choose their speaker . petitions . thomas thorp speaker . presented . excuse . protestation dism & fifteen granted tonnage and poundage for life . subsidy of wools , & staple commodities . merchants aliens . poll-money . speaker . commons to find archers for half a year . kings thanks to the lords . chancellour . parliament prorogued . archers , king dischargeth them of . archers . souldiers proportionably raised . the levying of men respited for a sum of mony . great necessity . c●llice . commande●s , captains , and sould●ers arrests paid out of the customes . callice repair out of the quindisms . victuals and souldiers pay of callice out of the customes . moity of a desme & quindesme granted kings thanks to the commons for their grant . parliament prorogued . schedules sealed with the kings seal . enrolled . exemptions from resumptions . parliament prorogued . patents . parliament adjourned . iohn earl of vvorcester treasurer of england . parliament prorogued . richard duke of york president of the parliament . patents . privilege of parliament . thorp the speaker , & vvalter rayle imprisoned . the speaker imprisoned upon an execution at the duke of yorks sute . judges not to judge of parliaments privileges . parliament judge of the law & its privileges . their advise . supersedeas speciall . no priviledge in treason , felony , breach of peace . lords judges of the speakers privilege . his privilege denyed . a new speaker orderd to be chosen . a new speaker elected . sr thomas charleton . approved by the king. commons request to the lords . callice danger . seas safeguard . subsidies rightly imployed . no other subsidies . great councell to answer all . committee of lords kings sicknesse . articles . who. archbishop of canterbury . lord chancellor . privy counsellers nominated to the king. their report . the king gives no answer . king sick . the lords make the duke of york protector and defendor of the realm , during the kings pleasure . articles . lords power . protector . resp. kings minority . all the ls. will assist . resp. protectors power and office . resp. h●s salary . resp. kings letters patents conferring his power of chief counsellor and protector . prince edward . fee of marks . queen margaret . admirals to keep the seas appointed by parliament . tonnage and poundage . loan by cities and towns , to be repaid out of the customs . kings houshold expences assigned . treasurer of the houshold . robert poynings . iack cade . pardon . recogn . & sureties in chancery for the good behaviour . recogn . forfeited . extended on the parties and sureties lands and goods . lords fined for absence . staple , callice . souldiers wages to be paid out of the subsidy of it . edward prince of wales created by letters patents , earl of chester . confirmed by the lords & commons . th. e. of devonshire . treason . trial , and acquittal by peers . hen. d. of buckingh . steward of england . protestation . loyalty . further tryal . lords acquit him . denizens . e. of richmond created . precedency above all earls . the whole county and honor of richmond granted him . warranty . earl of pembrook created by patent . precedency of other earls . the whole county , honor , & dominion of pembroke entailed on him . confirmed by parliament . lands granted to the e. of richmond . tayl general . tenure by fealty . duke of york . captain of callice . articles required . ready payment . staple . subsidy in part released . tho. of acres hospital● lands given & conferred to it by parliament . romans chauntery in shoreditch confirmed . patents . queens annuity of l. out of the customs , confirmed . patents . queens dower confirmed . patent . a●●ears to the earl of shrewsbury to be paid out of the customs , confirmed . ralph l. cromwell . surety of the peace against the duke of exeter , granted in parliament . iack cade . attainder . william oldhalls attainder confirmed . privy seals . attachments . wardens of the marches . resumption . truce-breach . patents . outlawrie● . wools. ravishment , woman & heirs . mariage by duress . appeal . writs of summons . king. archb. chancellor . causes of parliament . commons to chuse their speaker . liberties enjoyed . petitions . articles . causes of parliament . charge of the kings house . souldiers due pay . keeping the seas . defence against french & scots . . archers imployed . accord between the lords . exportation of coyn seas safegard . peace kept in wales . committees of lords sir iohn wenlock speaker presented . excuse . protestation nobles acquitted of disloyalty by the kings charter . fa●s● information . army raised . d. of yorks letter . force raised . grievances . their letters to the king. their obedience . letters kept from the king. nobles kept by force from the king. d. of somerset slain . obedience to the king. their acquittance after the battel . their acquittance confirmed . oath of allegeance of all lords and bishops to the king. oath . the lords discharged from keeping the sea . chancellour . parliament prorogued . generall pardon . if treason , &c. parliament holden by commission under the d. of york . comm●ttee of commons request . protector of the realm desired . kings negligence . commons to have notice of him . riots . answer promised . committee of commons renew their request . lords consultation . protector chosen . respite required . committee of commons renue their sute . chancellor . kings assent to the d. of york to be protector the dukes protestation & demand . protectors stipend . marks . the duke at the lords request accepts the protectorship . patent of the protector confirmed by parliament . determinable at the king , and lords assent in parliament . patents . the government wholly committed to the privy councill . kings person excepted . patents . prince of wales . earldom of chester . prince , duke of cornwall . livery thereof . princes diet in the kings court , till he be of years . his allowance and wardrobe till then . callice . sir iohn cheyney victualler of callice . monies lent . merchants loan of money . re-payment assured out of the customs . resumption . kings houshold charges . chancellor . kings commissary . parliament prorogued . protectors power repealed by the kings patent in parliament . petitions . servants . repeal . outlawry . lancaster . extortion . excheq . brewers . silkwomen . abbey of fountain . attorneys . writs of summons . king. chancellor . causes of parliament . commons to chuse a speaker . petition . william tresham speake presented . excuse . protestation . duke of yorks attainder . kings love & care in his education . confederacy with i. cade to be advanced to this crown . coming with force to the kings court. practice to be protector . practice to raise an army against the king. submission . oath to the k. confederacy with other nobles . ingratitude . battel at st. albons . pacification . kings pardon . promise of allegiance . the dukes and earls ambition . new oaths . policies . their expedition & war●●ai●ed . prisoners● taken . ks. pursute of them . pardon offered , and refused . their new assemblies in the field against the king. kings death pretended . bat●el ranged by them . camp fortified . ambush to surp●●ze the king. their flight . sub●ission . pa●d●n . attaind . of treason . procurers of treason● . their lands in fee and tail forfeited . some pardoned . their lands yet forfeited . forfeiture . provis●es . oath of allegeance to the king , prince , and kings heirs . all the bishops , lords , take and subscribe it . exchange by the k. with the queen . alnage . havering . dutchy of lancaster . kings feoffees in trust . kings will. great seal . dutchy seal . parl●●ments confirmation . petition . prince of vvales . dutchy of cornwall . parliament . patents . livery sued . non obstante . patents confirmed . eaton college . patents confirmed . kings college in cambridge . pembroke hall. syon priory confirmed . patents revoked . resumption . rebels . patents nulled . sheriffs . escheators . chester . flint . knights of shires returned by the kings letters without any election . sheriffs indemnity . note . robberies . rapes . exactions . answers thereto . rebels fin●d after pardon . lord standleys accusation . imprisonment demanded . resp. chancellor . kings thanks . parliment dissolved . king. painted chamber . chancellors speech . commons to chuse and present their speaker . petitions . speaker elected . iohn green speaker presented . excuse . protestation . parliament revoked . privilege of parl. burgesse taken in execution● inlarged . flee● . councell in parl. duke of yorks claim and title to the crown exhibited , and read in parliament . not to be answered without the king. his pedegree and title● the lords declare the title to the k. the justices , kings sergeants , and atney refuse to answer thereto , though commanded . every lord freely to utter his minde . oaths of the lords and duke to king henry . acts of parliament . acts of intayl . arms born . h. . claimed it as right heir to h. . not as a conqueror . the dukes answer . oath against the law of god void . acts by the wrong-doer void . needless where right . arms forborn , not disclaimed . a cloak of violent usurpation , void . lords arbitrament between them . king h. . to be k. during life . the du. to succeed him . chan. to declare it . kings assent to accord . king to enjoy the crown for life . the d. & his sons sworn not to shorten his life , or impair his preheminence . the duke declared heir apparent to the crown . resignation . hereditaments presently allotted to him and his sons . compassing the du. death , treason . bishops and lords oath to the duke and his heirs . the dukes oath to the lords . ks. royal assent to the arbitrament . statute of intayl repealed . the duke and his sons oath & protestation to the king enrolled . lands assigned by patent to the duke . dutchy of lancaster . confirmation . act declaring the d. right heir to the crown . power to suppress rebellions , &c. all sheriffs , &c. to obey him as the king. dutchy of lancaster . feoffees in trust . steward and attorney of the dutchy of lanc. chancellor of the dutchy . dutchy of lanc. revenues . receivor of the dutchy . treasurer of england . realms affairs . feoffment to the use and performance of the kings will. liveries . notes for div a -e writs of summons . king. painted chamber . causes of parliament . speaker chosen . petitions . sr. iames strangewayes . speaker presented . excuse . protestation . speakers oration . kings commendation . thanks for victories . kings title to the crown . h. . tyrannous usurpation . r. . murder . e. . undoubted king. submission to him and his heirs . h. . an intruder . usurper . e. . seized of the crown as r . rights excepted . h. . and his heirs disabled , disinherited . agreement between h. . & e. . breach thereof . e. . discharged therof by the breach . tenants of eastmain bishop of winchester . new customs raised . freeholders . copyholders . referre●s . report . tenants in fault . attainder of k. h. . queen margaret , and others . prince of wales . knight of the garter . beheading against law. murder . attainders of sundry for the duke of yorks death . attainder of sundry nobles & others for being in armes against k. e. . treason . k. h. . q. margaret . & pr. edw. attainted . barwicks surrender to the scots . h. . qu. prince● & others attainted . procuring forein princes to invade england . treason . carlisles surrender to the scots . treason for being in arms against e. . treason for levying war against e. . forfeiture of h. . for this treason . dutchy of lancaster . offices . liberties . treason . forfeiture . dower . treason . forfeiture . rebellion . submission upon proclamation . treason . annuity enacted to be first paid . earl of cambridge . judgement in parliament repealed . earl of salisbury . lord le despencer . judgement in parliment repealed . restitution . restitution . petition . sir iames strangewaies . restitution . ireland . welshmen . hardelaghe castle . rebels . treason . sr. th. lomley knight restitution . judgement in parliament reversed . kings oration the commons . kings thanks to the commons for his restitution to the crown . his promise to be a good king to them . his care of their defence , parliament prorogued to the sixth of may , an. . e. . proclamation . liveries . maintenance . robberies . murders . kings absence . parliament dissolved by commission . petitions . patents of h. . . . repeal . indictments . sheriffs tournes . leets . inquest . profits . sheriffs . resp. writs of summons . writs of summons . king. painted chamber . chancellor . causes of parliament . commons to elect and present their speaker . petitions . iohn say speaker . presented . excuse . protestation subsidy of l. granted . chancellour . thanks for the aid . the parliament prorogued to the . novemb. . e. . parl. held & continued by commission . the king releaseth l. of the subsidy . subsidy altered to a a fifteen . chancellor . the parl. adjourned to the . febr. at the city of york . kings commissary . the parliament adjourned to the . of may , anno e. . cause of prorogation . conspiracies . rebellions . parliament held , & continued by commission . parliament prorogued . privy seal . rebels suppression . defence . forein invasion . commission . the parliament prorogued to the . day of ianua●y at westminster . broad-cloth . wools. corn imported . apparel . silkwomen . artificers . tonnage & poundage granted the king for his life . callice . souldiers victuals and pay. treasurer of callice . account . exchequer . dean of st. martins . attainders . d. of somerset . treason . levying warr. ralph percie . treason . surrendring castles . warr levyed . treason . adhering to the ks. enemies . treason . treason . treason . attainder after a pardon . treason . castle kept against the k. attainders confirmed . restitutions repealed . proclamation . submission . treason . resumption of all crown lands . resumption . henry wentworth . restitution . kings grant to his sister confirmed . feme coverts use , sute without her husband . dutchesse of exeter . petition . earl of oxford . repeal . subsidy & customs , assigned to pay debts . callice . staple . abbesse of sion . dutchy of cornwall annexed to the crown . mayor of london . thames . plymouth . fee-farm . cloth. shipping . staple . woolls . newcastle . woolls . merchandize . burgundy . sureties . customers . comptrollers . cordwayners . horners . paten-makers . passage . dover . callice . free passage . boats. rivers . resp. writs of summons . king. painted chamber . chancellor . causes of parliament . commons to chuse and present their speaker . petitions . sr iohn say speaker speaker presented . excuse . protestation . kings oration . that he would live of his own , without charging the commons . their help required . good government . resumption . callice . kings grant of the customs & revenues there to satisfie debts . souldiers wages . fortifications . surrender . treasurer of callice . surrender . victualler of callice . charters confirmed . restitution . lord willoughby . restitution . non-obstante . chancellor . commons requests answered . kings thanks . resumption . callice . ireland . wales . laws execution . the parl. prorogued to the . day of novemb . at reding . chancellor . the parliament prorogued to the . of may , anno e. . chancellor . king. the parliament adjourned to the . of may , at westminst . worsteeds . justices of peace . bail. recognizance . approvers . resp. devonshire clothes . yarn . cloth. london . felons . newgate . king. chancellors speech . justice . three estates . king supream . lords and bishops next . commons next . crownes inheritance spoiled . treasure wasted . laws wracked . state subverted by usurpation . france lost● warr with denmark . scotland . brittany . france . tumults appeased . peace planted . law and justice extended . peace , and leagues with forein enemies . scotland . spain . denmark . alliance with forein princes . recovery of france . kings royall voyage in person . advice required . desmes and fifteens granted . poor towns relief . queens dower confirmed . enabled to sue . patents . seal of the dutchy of lancaster . livery and seasin dispensed with . queens dower . great seal . dutchy seal . letter of attorney . kings sisters portion . kings debts payed by merchants assrured upon the customes of wools. patents confirmed . petitions . clothes . resp. juries . middlesex . sheriffs . sacrilege . treason . burnt . clergy . appeal . restitution . justices . lollards . resp. liveries . complaint . exchange . tower. committee of lords and commons . account . answer to the complaint . extortion . fees. proclamation proof . justification . kings exchange . tower. emption . kings farm. writs of summons . writs of summons . king. painted chamber . chancellor . causes of parliament . commons to chuse and present their speaker . petitions . speaker chosen . william allington speaker presented . excuse . protestation . commons grant archers to the king for one year at their cost . contribution . the lords grant the tenths of their revenues . ryots . maintenance . oppressions . labourers . thanks to the commons . the parliament prorogued to the . of february . prince of wales , and earl of chester created , and the lords granted to him confirmation . prince . dutchy of cornwall . confirmation . hen. percie . restitution . attainder reversed . attainder reversed . restitution . restitution . attainder reversed . restitution . restitution . restitution . restitution . restitution . lord berckley . burrough of vvotton . restitution . restitution . restitution . restitution . restitution . restitution . restitution . restitution . restitution . restitution . chancellor and scholars of oxford . release confirmed . st. ralph ashton . right of ward . record imbezelled . copy enrolled . exemplification . great seal . iohan glyn. murder . appeal . murder . appeal . parl. re-assembled . a dism and fifteen granted . decayed towns. thanks to the commons . chancellor . the parl. prorogued to the . of octob. urgent causes . re-assembling before the day of prorogation . subsidy . treasurer . tayl. restitution . sir rich. fennis . tayl. tayls confirmed . restitution . tho. lord stanley . patents . non-obstante . prince of wales . confirmation . hardlagh castle . restitution . restitution . confirmation . dean of new college in leicester . gloucester . pardon . breach of prison . imprisonment . habeas corpus . bayl. imprisonment . riot . attainder of felony by parliament . petitions . revocation . kings debts assured upon a fifteen . staple . parliament reassembled . adjourned . merchants of hauns . peace . stilliard . restitution . free trade . merchants strangers . stilliard . liberties confirmed restitution . coparceners . disseisin . petition . restitution . resumption . dutchy of lancaster and york . commission . chancellor . dutchy of lancaster . debts assured . dutchy of lancaster . county palatine . tho. bourchier cardinall . lord howard . sir ralph verney . kings secretary . queens midwife . isle of haxling . liberties . chancellor . kings thanks . the parliament prorogued to the twentieth day of ianuary . parl. re-assembled . the continuance of the parliament unto the . of feb. king. chancellor . causes of parliament . warres . the parl. prorogued to the . of may , anno e. . parl. re-assembled . adjourned . duke of clarence . duke of gloucester . coparcenpis . the mothers lands granted to them as heirs , as if she were dead , during her life . coparcentis . partition . discontinuance . coparceners . incumbrance . nullity . duke of glocester . divorce . incumbrance . coparceners . survivorship . exchange . staple . fees. kings justices . kings serjeants . kings attorneys . sheriffs of london . sergeants . rescous . chancellor . the parliament prorogued to the . of iune . parliament re-a●sembled . adjourned . restitution . parliament pro●gued . re-assembled . lord hastings . lord harrington . lord bonvile . dower & joyntur● confirmed . mariage . age of consent . infants assurance confirmed . sir iohn florey . restitution . restitution . town-clerks of london . executors . fraudulent conveyance . proclamation . dism and fifteen granted . archers wages . chancellor . the parl. prorogued to the . of february . parliament re-assembled . ordinances . tenths to the king. kings feoffees in trust . kings last will. dutchy of lancaster . dutchy of lanc. officers . dutchy of lancaster . leases , grants . dutchy seal . leases . dutchy seal . stilliard . merchants of the hauns . mayor of london . rent . petitions duke of glocester . lands granted . tayl. duke of clarence . lands granted . exchange . coperceners . advowson . scardesburgh . re-entry . kings grant revoked . tayl. grant in see by parliament . tenure . recovery . confirmation by parliament . duke of norfolk . lease . payment of debts . lord audley . wardship granted . morgage redeemed . forfeiture . treason . d. of buckingham . full age . du. of buckingham . annuity confirmed . creation money . earl of warwicks stile . annuity confirmed to executors . will. restitution . outlawry . treason . restitution . restitution . earl dowglas . annuity confirmed to executors . will. attainder of felony by parliament . petitions . restitution . vicontesse lisle . restitution . priory of sherborn . eaton college . chauntry . heenport baron of the exchequer . treason . levying warr against the king. attainder . io. vere , earl of oxford . treason . levying warr. attainder . attainder . treason . levying warr. forfeiture . pardon of life . savings . sir richard hastings . kings grant. walle . richard wells . sir r. hastings . richard wells . e. of oxfords pardon . st. michaels mount. dism & quindism granted . petitions . chancellor . kings thanks . parliament dissolved . sheriffs . subsidies . bow-staves . patents . victuals . escheators . liveries . wools. sewers . wears . fish-garths . acquittal . welshmen . justices of assize . repeal privilege of parliament . burgesse delivered out of execution . writ out of chancery . execution afterwards saved . petitions . kings debts payed . kings tenants . warres . protections . truce-breaking . wools. king. painted chamber . chancellor . causes of parliament . subjects obedience . rebels plagues . king supported by god. restored . commons to chuse and present their speaker . petitions . speaker chosen . william allington speaker . presented . excuse . protestation . duke created . mariage to a feme of . years . husband to enjoy his wifes estate without issue . tenant by the courtesy . joynture confirmed . exchange confirmed . re-entry . exchange confirmed . baron and feme . discontinuance . advowsons . non-obstante . george nevil created d. of bedford . his p●tent revoked in parliament . petition . judgment repealed . poysoning . indictment . execution . attainders nulled . attainder revoked . restitution . restitution . canterburies paving . tauntons paving . ciciter . southampton . sr. ralph ashton . ryots . process . forein sutes . proclamation . petitions . money . piepowders . games unlawfull . apparel . tyle . cloathes sealing . sheriffs return . parliament . privilege of parliament . exchequer . supersedeas . irishmen . residence . writs of summons . king. painted chamber . chancellor . causes of parliament . commons to chuse , and present their speaker . petitions . committee of commons . speaker chosen . iohn wood speaker presented . excuse . protestation . dism and fifteen granted . decayed towns. an annual subsidy on aliens . statutes proclamed . weights , measures . labourers , beggar● . annuity of l. to defray the kings houshold expences . princes . dutchy of cornwal . tail. exchange . confirmation . patents confirmed . du. of glocester . wardship of the north merches . customs . fee-farms . dutchy of lancaster . scotland . prerogatives royal . knights service . william viscount berckley . tayl. non obstanie . discontinuance . kings tenants . dutchy of lancaster . fraudulent conveyances . wardships . use. relief . writ● . chancery . imbezelling . attorney of the dutchy . corporation . dean and canons of windsor castle . confirmation . cardinall of canterbury . kings feoffees in trust . dutchy of lancaster . release . advowson . boston . appropriation . exchange . confirmation of patents . kings stile and supremacy . dutchesse of exeter . tayl. tenent by the courtesy . patents . kings confirmation . tayl. patents . tayl. attainder revoked . restitution . restitution . petition . exeter . taylors . repeal . apparel . barrel-fish . silk-weavers . bowes . hats . capps . swans . woods● purliews . barwick . writs of summons . notes for div a -e things done and concluded without the . estates in parl : give little or no satisfaction to the people , though in the name of the parl. and . esta● . the parliaments confirmation . * the . estates must concurr to make a pa●l else his title would neither be valid , nor satisfactory , but ambiguous , as before : no one or two of them being a full or real pa●l● but all conjoyned . the new device of this bloudy usurper , to intitle himself to the crown of england , and take upon him the regal government . good counsellors . administration of justice . merchandise , and trade . merchants . artificers . adulation . avarice . ill counsel . laws confounded . edward the . his mariage blemished . laws perverted . liberties and laws every english mans inheritance . arbitrary government . force . it s mischievous fruits . murders . extortions . oppressions . incertainty of mens lives and estates . discords . warrs . nobles bloud destroyed . kings mariage without the lords assent , and by sorcery and witchcraft . void mariage . private mariage in a chamber . precontract . edward the th his ungodly disposition . his children illegitimate , and bastards . the duke of clarence attainted by parliament . his issue therby not inheritable and uncapable to claim the crown . richard the . declared undoubted heir to the crown . an englishman by birth . his pretended vertue ; and ●itness to reign as king ; without one word of his desperate treasons , regi●●des , murders , hypocrisy , & other v●c●s . his valour in battel . his honourable and royal birth . * his election by the . states & this instrument to be king of england . * they make his hereditary title , the ground of their choice . their petitition and importunity to him , to accept of the crown , though himself most eagerly thirsted after it . his hereditary right thereto , seconded by their election . their promise to assist , serve , & obey him , upon his acceptance thereof , as his subjects , and to live and dye with him . their pretended great thraldom , bondage , oppressions , &c. under his predecessors . extortions . new impositions against laws and liberties . nota. their prayer for him . great trouble ( occasioned partly by himself . ) justice . richard the . his hereditary title to the crown by the law of god and nature . * the lawyers starter , and approve his title . the common people ignorant in the laws . * the parl● author●ty with the people , when true , free , and real , consisting of the . estates . * it s declaration qui●teth all mens minds , removeth all doubts & seditions . yet he that con●iders h. . n. . to . e. . n. . to . will scarce believe this for a truth , neither proved it so in his own case . * the . estates must all concurr to make a parliament , and valid election . * they decree and declare him undoubted king of this realm , by inheritance and their lawful election coupled together . * the crown setled & entailed on him , and the heirs of his body . * his son declared heir apparent . * here he creats & ratifies his own title . mr. speakers letter to the kings most excellent majestie, febr. , concerning the great affayres, and state of the kingdome. lenthall, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing l ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing l estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) mr. speakers letter to the kings most excellent majestie, febr. , concerning the great affayres, and state of the kingdome. lenthall, william, - . [ ] p. printed for john thomas, london : [i.e. ] attributed to lenthall by wing and nuc pre- imprints. caption title dated "... february the . " [i.e. ]. imperfect: stained, with loss of print. reproduction of original in the bodleian library. eng constitutional history -- great britain. great britain -- politics and government -- - . great britain -- history -- charles i, - . a r (wing l ). civilwar no mr. speakers letter to the kings most excellent majestie, febr. . . concerning the great affayres, and state of the kingdome. lenthall, william d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion mr. speakers letter to the kings most excellent majestie , febr. . . concerning the great affayres , and state of the kingdome . honi soit qvi mal l y pense cr royal blazon or coat of arms london , printed for iohn thomas , . the speakers letter of the house of commons to the kings most excellent majestie , february the . . sir , besides my sorrowes ( which pressed me very sore , and remaineth still upon me ) the troubles and griefe that fell upon me for the lamentable breaches in church and state , and for your sacred majesty & hopefull offspring , filled up my sorrowes , and in my thoughts j was grieved that those feares and desolations fell out in your dayes , i confesse , charity suspects not , and the best minds thinkes the least hurt , and the freer a man is , from vice in himselfe , the more charitable he is of others , and this is that which hath proved ( formerly prejudiciall to your majesty , but had your majesty been the first , or the best , that had bin instead , misinformed , or ill rewarded it would be an hard thing to command patience , but griefe is asswaged either by presiden●s , or examples . jt is true of late dayes your majesty being misinformed against some of your best subjects , your majesty thought to have dealt with them , as ioseph thought to have dealt with marie , and so put them away farre from you , but with marie they travailing as it were with child , and that that which they travailed withall might not appeare an illegitimate the onely wise god , sent as it were an angell unto you , to let you see , that like marie they being contracted unto you in love , they have not as yet defiled their marriage bed , but remaine like marie faithfull to their head and soveraigne , and your majesty having beene formerly seduced by false opinions from others against them , j hope you will now be reduced unto them ( and by them ) by true perswasions , and that you may be so the onely wise god that gave your majesty your being , and so knew you better then your selfe , hath dealt with your majesty , as he did with adam in paradise , and so hath provided you a meet helper , when with adam you thought no need of it , now desired it , and your majesty yeelding as adam did , ( in sparing a superfluous rib for to make him a meet helper ) will become a great gainer , for your majesty shall not onely loose those who may very well be spared , but you will gaine to your selfe and your posterity a meete helper , that will endeavour by all meanes that may be lawfull to ease you of many burthens that otherwise might have layne heavie upon you , and this helper is many members of that body , whereof your majesty is become the head ▪ and considering their paines and labour in love , you should doe them iniustice if you should suffer any for to accuse them , j hope there is none ( or will be none ) neere you ( if neere you , yet dares not ) so ingrosse your favours any more to their owne advantage whereby your good subject● may be bereaved of those benefits that ought to be common to all , as for your commons , they goe not about to steale your favours , but to purchase them them legally , and are become unto you as abrahams servant was to his master , who would not either eate , or drinke , untill he had done his masters busines , and i dare say if your commons ( as your late monopolists , and others ) had or did seeke themselves , or their owne advantages , ( more then the good of king and kingdome ) they would have beene wearied after so much labour before now , but mee thinkes j heare your commons say as adam said , let us be but one , and that it may be so , they are willing , not onely for a time to be seperated from their domesticke imployments , but to forsake all , and runne many hazards , to cleave only to your maiesty in a solemne contract , wherefore to make up the contract , you must with isaacke part with something that was formerly neare unto you , and who would no● spare a part , to save the rest , being done it will prove to your maiesty as comfortable and welcome , as rebecca was into isaacks tent . this happy match being made , it would not onely refresh your people , but make glad your heart in time of feares & dangers , it is true , there is many that have brought your majesty into troubles , and feared dangers ( and the more too blame they , for leaving your majesty , having brought you into them ) it is true , there are many with orpha , seeing your troubles , have left you , but your commons like ruth are resolved to stick close unto you , and will endeavour to helpe you , if with david you will be advised by them ( who blessed god for the seasonable councell of a woman , when he was upon a desperate designe ) judge then of their loves & affections to your majesty , by yours to them ; and then tell me , whether they doe not love you ▪ doubtlesse , yes ; accounting their lives not deare unto them , so that they may but finish their worke with ●oy ▪ and accomplish their good ends concerning you , and i doubt not , but that j speake it in the name of many & in truth by your late yeelding and free expression ; you have stollen me from my selfe , yea , and am now wounded within me , and like moses , who was wounded within himselfe , and could hardly endure to looke upon god 〈◊〉 he discended in mercy . jt is true , there is nothing engageth a soule to god , or a subject to a king , as the appearance of love , this made moses to say : how dreadfull is thy place o god , and this is that which hath stollen me from my selfe , so that j am no more mine owne , but yours ; yea , by this returne of yours to your people , you will winne them to obedience with kindnesse , and by doing so ; you will make good that which you were sent for , whose eares ought to be imployed for the good of your subjects ; knowing that their love is your greatest safety , and their prosperity your greatest honour and ●elicity ; & this is that which will make your bed easie ; when you shall possesse the just title to the crowne with the love of your people , and the continuance of it with the willing applause of the subject , is the ●ighest way to a blessing , and the hopes of this is that which hath brought me to renue and confirme the covenant that your majesty made with me from your first entrance to the crowne , and because you could not sweare by no greater , swore by the eternall god , that you would defend mee , and at the first of our contract we made but one , your power and all that you had was mine to defend me , & to do me good , but there have bin some of late , that have set your majesty against mee . ( j speake it in the name of many ) and have perswaded you to beate me , and to force me to obedience , though of my selfe willing to obey , being of a nature sooner wonne , then compelled , and this is that which hath sore troubled me , yet this is not all , but when an oath , ( with an et coetera ) was put upon me , it wounded me ▪ for by the oath that i had taken already ▪ i was bound fast enough , but the truth is when these things befell me , j was affraid that some evill minded men like to potiphers wife , seing mine innocencie , and more faithfull to you ▪ my husband , then themselves , had complained against me without cause , and this i could hardly beare , for by this meanes our great adversaries , the divill and pope , laboured to sowe contentions , and jealousies betweene us and this is that which will be a meanes to undoe us both when your majesty ( which is become my head , and husband ) speaks kindly unto me , and is ruled by those that love us both my heart is inflamed , with a love unto you , but when your ministers abuse yo●●●ajesties kindnesse , and become tirants to their fellow ser●●nts , yea when they shall goe about to justifie themselves , and lay all their villany upon your majestie , this j can hardly beare , for by this meanes j am deprived of my mariage bed , and of my wonted society , and am troubled within my selfe , when i see your majesty ( which is become my head and husband ) strange unto me , but i hope every former breach will unite love the stronger wher●fore being now reconciled to your commons , feast , live love , and dye together , and be more firme in your neare vnion , then ever divided in your heartie unkindnesse , so shall you meete in the end and never part , but be like rachell and leah , which two ▪ built up the house of israell , you are now in the way , and it is sayd ▪ genesis , . that whilst the servant of abraham was in the way , god blessed him , the same god blesse you , and for your comfort , and incouragement ▪ know , by so much shall you grow to perfection , by how much you draw neare to vnitie , i confesse had the balaacs and baalams of our times beene so evill as they would have beene , the world had beene overrunne with evill , but such is the wisdome of god , that ofttimes he hides from evill men those times and seasons , that might prove prejudiciall to his people , so when saul sought for david , it is true the good god might have destroyed the baalams and wicked sauls of our times , but many times he will not , for god hath something more for them to doe , and it is not so much glory to god to take away wicked men , as to vse their evill to his owne holy purposes , and gaineth many times more glory by working good by evill instruments , then by destroying of them presently in their wicked purposes , for it is a true maxime , that it sufficeth a good man ▪ that here resisteth the evill actions of the wicked , whilest they love their persons . j confesse , our balaams and our sauls , had gone very farre , but in some things god permits in indignation , not for that hee gives leave to the act , but that he gives a man over to the sinne in the act , and yet this sufferance imployes not favour but judgement , and god is contented the devill should winne himselfe credit ( sometimes ) where he means to judge , i confesse our sauls and our baalams like cisera , trusted in their strength , but like cisera many of them runne away , yet in spight of them all , the lord hath made a seasonable and hopefull provision for his people . jt is too true by the meanes of our sauls , your majesty became to your people and commons , as the angell was unto gydeon , and so made them affrayd , but like the angell that made gydeon affrayd , your majesty hath returned to their comfort , and as god he useth , where he loues ▪ he imployes , and like christ himselfe you are now willing to enjoy them b● a willing contract , and not by 〈◊〉 , and by this meanes you appeare now unto your people like moses , who had more glory by his vale , then by his face , and i doe no● doubt but when all things shall be made manifest , but that one faithfull david will be in more 〈◊〉 with your majesty ; then either the sauls or baalams 〈…〉 is true , by the meanes of our sauls the crowne 〈◊〉 become full of cares , and your majesty 〈◊〉 almost beene wearied by them , would faine now take some rest , and that your majesty may rest , j will with iacob give god no rest untill he have blessed you , wherefore being now reconciled unto your commons , you will become as sweet and pleasant to the church , and the three kingdomes , as the tree that god shewed to moses , which when he cast into the waters , the waters were made sweet ( which formerly were bitter ) j know that thankefulnesse and love , can doe more with good men , then merit or necessity , and me thinkes i see you like our saviour who thirsted after the salvation of mankind , and j beleeve it was not so much out of drynesse as out of love , goe you and doe so likewise , knowing that modest beginnings , and hopefull proceedings makes happy endings , and for your comfort know , that god whose battels you fight , will provide a due reward , and so j commend the saying of salomon unto you , eccles. . . whatsoever thy hand findeth to doe , doe it with thy might , for there is no worke nor device , nor knowledge , nor wisedome in the graue whither thou goest . finis . the continuation of an historicall discourse of the government of england, untill the end of the reigne of queene elizabeth with a preface, being a vindication of the ancient way of parliaments in england / by nath. bacon of grais-inne, esquire. bacon, nathaniel, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the continuation of an historicall discourse of the government of england, untill the end of the reigne of queene elizabeth with a preface, being a vindication of the ancient way of parliaments in england / by nath. bacon of grais-inne, esquire. bacon, nathaniel, - . bacon, nathaniel, - . historicall and political discourse of the laws & government of england. [ ], , [ ] p. printed by tho. roycroft for matthew walbanck, and henry twyford ..., london : . reproduction of original in harvard university libraries. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng constitutional history -- great britain. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion the continuation of an historicall discourse , of the government of england , vntill the end of the reigne of queene elizabeth . with a preface , being a vindication of the ancient way of parliaments in england . by nath : bacon of grais-inne , esquire . london , printed by tho : roycroft , for matthew walbanck , and henry twyford , and are to be sold at grais-inne gate , and in vine court middle temple , . the contents of the severall chapters of this book . i. the sum of the severall reignes of edward the third , and richard the second . fol. . ii. the state of the king and parliament , in relation of him to it , and of it to him . fol. . iii. of the privy council and the condition of the lords . f. . iv. of the chancery . fol. . v. of the admirals court. fol. . vi. of the church-mens interest . fol. . vii . concerning trade . fol. . viii . of treason and legiance , with some considerations concerning calvins case . fol. . ix . of courts for causes criminall , with their laws . fo . . x. of the course of civill justice during these times . fo . . xi . of the militia in these times . fol. . xii . of the peace . fol. . xiii . a view of the summary courses of henry the fourth , henry the fifth , and henry the sixth , in their severall reignes . fol. . xiv . of the parliament during the reignes of these severall kings . fol. . xv. of the custos , or protector regni . fol. . xvi . concerning the privy councell . fol. . xvii . of the clergie and church-government during these times . fol. . xviii . of the court of chancery . fol. . xix . of the courts of crown plas and common law. fo . xx. concerning sheriffs . fol. . xxi . of justices and lawes concerning the peace . fol. . xxii . of the militia during these times . fol. . xxiii . a short survey of the reignes of edward the fourth , edward the fifth , and richard the third . fol. . xxiv . of the government in relation to the parliament . fol. . xxv . of the condition of the clergie . fol. . xxvi . a short sum of the reignes of henry the seventh , and henry the eighth . fol. . xxvii . of the condition of the crowne . fol. . xxviii . of the condition of the parliament in these times . fol. . xxix . of the power of the clergy in the convocation . f. . xxx . of the power of the clergy in their ordinary jurisdiction . fol. . xxxi . of judicature . fol. . xxxii . of the militia . fol. . xxxiii . of the peace . fol. . xxxiv . of the generall government of edward the sixth , queen mary , and queen elizabeth . fol. . xxxv . of the supream power during these times . fol. . xxxvi . of the power of the parliament during these times . fol. . xxxvii . of the jurisdiction ecclesiasticall during these last times . fol. . xxxviii . of the militia in these later times . fol. . xxxix . of the peace . fol. . xl. a summary conclusion upon the whole matter . fol. . a preface , containing a vindication of the ancient way of the parliament of england . the more words the more faults , is a divine maxime , that hath put a stop to the publishing of this second part for some time ; but observing the ordinary humor still drawing off , and passing a harsher censure upon my intentions in my first part , then i expected : i doe proceede to fulfill my course , that if censure will be , it may be upon better grounds , when the whole matter is before : herein i shall once more minde , that i meddle not with the theologicall right of kings , or other powers , but with the civill right in fact , now in hand . and because some mens pens of late have ranged into a denyall of the commons ancient right in the legislative power ; and others , even to adnull the right , both of lords and commons therein , resolving all such power into that one principle of a king , quicquid libet , licet ; so making the breach much wider then at the beginning ; i shall intend my course against both : as touching the commons right , jointly with the lords , it will be the maine end of the whole ; but as touching the commons right , in competition with the lords , i will first endeavour to remove out of the way what i finde published in a late tractate concerning that matter , and so proceede upon the whole . the subject of that discourse consisteth of three parts , one to prove that the ancient parliaments , before the thirteenth century , consisted onely of those whom we now call , the house of lords ; the other , that both the legislative and judiciall power of the parliament rested wholly in them : lastly , that knights , citizens , and burgesses of parliament , or the house of commons , were not knowne nor heard of , till punier times then these . this last will be granted , viz. that these severall titles , of knights , citizens , and burgesses , were not known in parliament till of later times : neverthelesse , it will be insisted upon , that the commons were then there : the second will be granted , but in part , viz. that the lords had much power in parliament in point of jurisdiction , but neither the sole , nor the whole . the first is absolutely denyed , neither is the same proved by any one instance or pregnant ground in all that book , and therefore not cleerly demonstrated by histories and records beyond contradiction , as the title page of that book doth hold forth to the world. first , because not one instance in all that book is exclusive to the commons ; and so the whole argument of the discourse will conclude , ab authoritate negativa , which is no argument in humane testimony at all . secondly , the greatest number of instances in that booke , are by him supposed to concerne parliaments , or generall councils of this nation , holden by the representative thereof ; whereas indeed they were either but synodicall conventions for church matters , whereunto the poore commons ( he well knoweth ) might not come , unlesse in danger of the canons dint ; or if they did , yet had no other worke there , then to heare , learne , and receive lawes , from the ecclesiasticks . and the lords themselves , though present , yet under no other notion were they , then as councell to the king ; whom they could not cast out of their councell till after ages , though they often endeavoured it . thirdly , the author of that tractate also well knoweth , that kings usually made grants and infeodations by advice of the lords , without the ayde of the parliament : and it is no lesse true , that kings , with the lords , did in their severall ages exercise ordinarily jurisdiction , in cases of distributive justice ; especially after the norman entrance : for the step was easie from being commanders in warr , to be lords in peace ; but hard to lay downe that power at the foot of justice , which they had usurped in the rude times of the sword , when men labour for life rather then liberty ; and no lesse difficult to make a difference between their deportment in commanding of souldiers , and governing of countrey-men ; till peace by continuance had reduced them to a little more sobriety : nor doth it seeme irrationall , that private differences betweene party and party , should be determined in a more private way , then to trouble the whole representative of the kingdome , with matters of so meane concernment . if then those councils mentioned by the author , which concerne the kings grants , and infeodations , and matters of judicature , be taken from the rest of the presidents , brought by him , to maintaine the thing aimed at ; i suppose scarce one stone will be left for a foundation to such a glorying structure , as is pretended in the title page of that booke : and yet i deny not , but where such occasions have befalne the parliament sitting , it hath closed with them , as things taken up by the way . fourthly , it may be that the author hath also observed , that all the records of antiquity passed through ( if not from ) the hands of the clergy onely , and they might thinke it sufficient for them to honour their writings , with the great titles of men of dignity in the church and common-wealth , omitting the commons , as not worthy of mention , and yet they might be there then present , as it will appeare they were in some of the particular instances ensuing , to which we come now in a more punctuall consideration . the first of these by his owne words , appeare to be a church-mote , or synod ; it was in the yeare . called by the arch-bishop , who had no more power to summon a parliament , then the author himselfe hath : and the severall conclusions made therein , doe all shew that the people had no worke there , as may appeare in the severall relations thereof , made by matthew westminster , and sir henry spelman , an author that he maketh much use of , and therefore i shall be bold to make the best use of him that i can likewise , in vindicating the truth of the point in hand : for , whatever this councill was , it s the lesse materiall , seeing the same author recites a president of king a●thelbert , within six yeares after austins entry into this island , which was long before this councill , which bringeth on the vann of all the rest of the opponents instances , which king called a councill , styled , commune concilium tam cleri quam populi : and in the conclusion of the same , a law is made upon the like occasion , si rex populum convocaverit , &c. in both which its evident , that in those times there were councils holden by the people , as well as the magnates , or optimates . his next instance is in the yeare . which is of a councill holden by the great men , but no mention of the commons , and this he will have to be a parliament , albeit that he might have found both abbatesses , or women , and presbyters , to be members of that assembly , and ( for default of better ) attested the conclusions of the same , notwithstanding the canon , nemo militans deo , &c. but i must also minde him , that the same author reciteth a councill holden by king ina , suasu omnium aldermannorum & seniorum & sapientum regni : and is very probable , that all the wise men of the kingdome , were not concluded within the lordly dignity . the third instance can have no better successe , unlesse he will have the pope to be allowed power to call a parliament , or allow the arch-bishop power to doe that service by the popes command , for by that authority ; this ( what ever it be ) was called , if we give credit to the relation of sir henry spelman , who also reciteth another councell within three leaves foregoing this , called by withered at barkhamstead , unto which the clergy were summoned , qui cum viris utique militaribus communi omnium assensu has leges decrevere : so as it seemeth in those times , souldiers or knights were in the common councels , as well as other great men. in the next place , he bringeth in a councill holden in the yeare . which ( if the arch-bishop were then therein president , as it s sayd , in the presence of the king ) was no parliament , but a church-mote , and all the conclusions in the same doe testifie no lesse ; they being every one concerning ecclesiasticall matters . and furthermore , before this time , the author out of whom he citeth this councill , mentioneth another councill holden by ina the saxon king , in the presence of the bishops , princes , lords , earles , and all the wise old men , and people of the kingdome , all of them concluding of the intermarriage between the brittons , picts , and saxons , which formerly , as it seemeth , was not allowed : and the same king by his charter ; mentioned by the same penman , noteth that his endowment of the monastry of glastenbury , was made , not onely in the presence of the great men , but , cum praesentia populationis ; and he saith , that omnes confirmaverunt , which i doe not mention as a worke necessary to be done by the parliament , yet such an one as was holden expedient as the case then stood . forty yeares after , hee meeteth with another councill , which he supposeth to be a parliament also , but was none , unlesse he will allow the popes legate power to summon a parliament : it was holden in the yeare , . and had he duely considered the returne made by the popes legate , of the acts of that councill , which is also published by the same author , hee might have found , that the legate saith , that they were propounded in publike councill , before the king , arch-bishop , and all the bishops and abbots of the kingdome , senators , dukes , or captaines , and people of the land , and they all consented to keep the same . then he brings in a councill holden in the year , . which he would never have set downe in the list of parliaments , if he had considered how improper it is to construe , provinciale tenuit concilium , for a parliament , and therefore i shall need no further to trouble the reader therewith . the two next are supposed to be but one and the same ; and it s sayd to be holden , anno . before nine kings , fifteene bishops , twenty dukes , &c. which for ought appeares , may comprehend all england and scotland , and is no parliament of one nation , but a party of many nations , for some great matter , no doubt , yet nothing in particular mentioned , but the solemne laying the foundation of the monastry of saint-albans . what manner of councill the next was , appeareth not , and therefore nothing can be concluded therefrom , but that it was holden in the yeare , . that councill which is next produced , was in the yeare , . and is called in great letters , concilium provinciale , which he cannot gramatically construe to be a parliament ; yet in the preface it is sayd , that there were , viri cujuscunque dignitatis ; and the king in his letter to the pope , saith concerning it , visum est cunctis gentis nostrae sapientibus ; so as it seemeth by this , and other examples of this nature , that though the church-motes invented the particular conclusions , yet it was left to the witagen-mote to judge and conclude them . there can be no question , but the next three presidents brought by the opponent , were all of them church-motes : for the first of them , which is sayd to be holden in the yeare , . is called a synod , and both preists and deacons were there present , which are no members of parliament , consisting onely of the house of lords , and they all of them did , pariter tractare de necessarijs & utilitatibus ecclesiarum . the second of them is called a synodall councill , holden , anno . and yet there were then present , omnium dignitatum optimates , which cannot be understood onely of those of the house of lords , because they ought all to be personally present , and therefore there is no optimacy amongst them . the last of these three is called , synodale conciliabulum , a petty synod in great letters ; and besides , there were with the bishops and abbots , many wise men ; and in all these respects it cannot be a parliament onely of the great lords . the next councill said to be holden in the yeare . cannot also be called properly a parliament , but onely a consultation , between two kings and their councill , to prevent the invasion of the danes ; and the attests of the kings chapplain , and his scribe , doe shew also that they were not all members of the house of lords . the councill cited by the opponent in the next place , was holden , an : . being onely in nature of a councill for law , or judicature , to determine the validity of the kings grant made to the church of canterbury ; which is no proper worke for a parliament , unlesse it befall during the fitting of the same . the next is but a bare title of a councill supposed to be holden , an. . and not worth its room , for it neither sheweth whether any thing was concluded , nor what the conclusions were . the worke of the next councill alleadged to be holden , an. . was to confirme the charter of the monastry of croyland , and to determine concerning affaires belonging to the mercinies and if it had beene a parliament for that people , it might be worthy of inquiry how regularly the arch-bishop of canterbury , and the bishop of london , and the ambassadors from the west saxons could sit amongst them and attest the conclusions therein made , as wel as the proper members of that nation . he commeth in the next place to a councill holden in the yeare , . which is more likely to be a parliament then most of them formerly mentioned ; if the tithes of all england were therein given to the church , but hereof i have set downe my opinion in the former part of the discourse . and though it be true , that no knights and burgesses are therein mentioned , as the opponent observeth out of the title ; yet if the body of the lawes be duly considered , towards the conclusion thereof it will appeare that there was present , fidelium infinita multitudo qui omnes regium chirographum laudaverunt dignitates vero sua nomina subscripserunt . and yet the witagen-motes in these times began to be rare , being continually inrerrupted by the invasions of the danes . the three next councills alleaged ▪ to be in the yeares . . . were doubtlesse of inferiour value , as the matters therin concluded were of inferiour regard , being such as concerne the passing of the kings grants , infeodations , and confirmations . the councill mentioned to be in the yeare . is supposed to be one and the same with the next foregoing , by sir henry spelman , which calls it selfe a generall councill , not by reason of the generall confluence of the lords and laity , but because all the bishops of england did then meet . the primi and primates were there , who these were is not mentioned ; but its evident that the king of scots was there , and that both he and diverse that are called ministri regis , attested the conclusions : it will be difficult to make out how these should be members of the house of lords , and more difficult to shew a reason why in the attesting of the acts of these councills which the opponent calls parliaments , we finde so few of the laity that scarce twelve are mentioned in any one of them , and those to descend so low as the ministri regis , to make up the number . five more of these instances remaine , before the comming in of the normans . the first of which was in the yeare . and in a time when no parliament , according to the opponents principles could sit , for it was an inter regnum . the two next were onely synods to determine the difference between the regulers , and the seculers , in the kings absence , by reason that he was under age ; and they are sayd to be in the yeares and . but it s not within the compasse of my matter to debate their dates . the last two were meetings or courts for judicature , to determine the crime of treason , which every one knowes is determinable by inferiour courts before the high steward or judges , and therefore not so peculiar to a parliament , as to be made an argument of its existence . and thus are we at an end of all the instances brought by the opponent , to prove that parliaments before the norman times consisted of those whom we now call the house of lords . all which i shall shut up with two other notes taken out of the book of councils , published by sir henry spelman . the first of which concerneth a grant made by canutus , of an exemption to the abby of bury saint edmonds , in a councill wherein , were present arch-bishops , bishops , abbots , dukes , earles . cum quamplurimis gregariis militibus , cum populi multitudine copiosa votis regiis unanimiter consentientes . the other taken out of the confessors lawes , which tells us that tithes were granted to the church , a rege baronibus & populo . and thus shall leave these testimonies to debate with one another , whiles the reader may judge as seemeth most equall to himselfe . being thus come to the norman times , and those ensuing ; i shall more summarily proceed with the particulars concerning them , because they were times of force , and can give little or no evidence against the customes rightly setled in the saxon times , which i have more particularly insisted upon , that the originall constitution of this government may the better appeare . now for the more speedy manifesting of the truth in the particulars following ; i shall pre-advise the reader in three particulars . first , that the church-motes grew more in power and honor , by the aide of the normans law , refusing the concurrence and personall presence of kings , whom at length they excluded from their councils with all his nobles ; and therefore it is the lesse wonder if we heare but little of the commons joyning with them . secondly , that the norman way of government grew more aristocraticall then the saxon , making the lords the cheif instruments of keeping kings above and people underneath , & thus we meet with much noise of meetings betweene the king and lords , and little concerning the grand meetings of the kings , and the representative of the people ; although some footsteps wee finde even of them also . for kings were mistaken in the lords ; who meaned nothing lesse then to serve them with the peoples liberties , together with their owne which they saw wrapped up in the grosse . thirdly , by this meanes the councils of the king and lords grew potent , not onely for advise in particular occasions , but in matters of judicature , and declaring of law , ordering of processe in courts of plees ; which in the first framing were the workes of wise and learned men , but being once setled become part of the liberties of every free-man . and it is not to be doubted but these councills of lords did outreach into things two great for them to mannage , and kept the commons out of possession of their right , during the present heat of their ruffling condition , yet all this while could not take absolute possession of the legislative power . i now come to the remainder of the particular instances produced by the opponent , which i shall reduce into severall categories , for the more cleere satisfaction to the reader , with lesse tediousnesse . first , it cannot be denied but the councill of lords gave advise to kings in cases of particular immergency , nor is it incongruous to the course of government even to this day , nor meete that the parliament should be troubled with every such occasion , and therefore the giving of advise to william the conqueror , what course he should take to settle the lawes of england according to the instances in councills holden , an : . and . and to gaine favour of the great men according to that in an : . and in the manner of endowment of the abby of battell , as in pag : . of the opponents discourse : and what to do upon the reading of the popes letter , according to that in an : . and whether the popes legate should be admitted , as in pag. . and how king steven and henry shall come to agreement , as an : . and how to execute lawes by judges and justices itinerant , as an : . and touching the manner of ingageing for a voyage by croisado to jerusalem , an : . and to give answer to embassadors of a forraine prince , pag. . and how king john shall conclude peace with the pope , an : . where neverthelesse math. paris saith , was turba multa nimis : i say all these might well be done by a councell of lords , and not in any posture of a parliament ; albeit that in none of all these doth any thing appeare but that the commons might be present in every one , or many of them all . secondly , as touching judicature , the lords had much power therein , even in the saxon times , haveing better opportunites for knowledge , and learning , especially joyned with the clergy , then the commons in those times of deep darknesse , wherein even the clergy wanted not their share , as in the first part of the discourse i have already observed . whatsoever then might be done by judges in ordinary courts of judicature , is inferiour to the regard of the parliament ; and therefore the plea between the arch-bishop and aethelstan , concerning land , instanced , an : . and betweene lanfranke and odo , an : . and betweene the king and anselme , pag : , . and the determining of treason of john ( afterwards king ) against his lord and king richard , pag : . and the difference concerning the title of a barony between mowbray and scotvile , pag : . and giving of security of good behaviour by william brawse to king john , pag. . all these might well be determined onely before the lords , and yet the parliament might be then sitting or not sitting , as the contrary to either doth not appeare , and therefore can these forme no demonstrative ground to prove that the parliament consisted in those times , onely of such as we now call the house of lords . a third worke whereby the opponent would prove the parliament to consist onely of the house of lords , is , because hee findeth many things by them concluded touching the solemnization , and the settling of the succession of kings ; both which , he saith , were done by the lords in parliament , or those of that house ; and i shall crave leave to conclude the contrary : for neither is the election , or solemnization of such election , a proper worke of the parliament , according to the opponents principles , nor can they prove such conventions , wherein they were to be parliaments . not the election of kings , for then may a parliament be without a king ; and therefore that instance concerning william rufus , page . will faile , or the opponents principles , who will have no parliament without a king. the like may also be sayde of the instance concerning king steven , page . much lesse can the solemnization of the election by coronation , be a proper worke for the parliament : neverthelesse the opponent doth well know that both the election of a king , and the solemnization of such election by coronation , are spiritlesse motions , without the presence of the people ; and therefore though his instance , page . concerning the election of henry the first , by the bishops and princes , may seeme to be restrictive as to them , yet it is not such in fact ; if matthew paris may be beleeved , who telleth us , that in the conventus omnium , was clerus and populus universus , and might have been noted by the opponent out of that learned antiquary , so often by him cited , if he had pleased to take notice of such matters . a fourth sort of instances , concerneth matters ecclesiasticall , and making of canons ; and hereof enough hath been already sayd , that such worke was absolutely challenged by the church-motes , as their proper worke ; and therefore the instance , page , . of the councill in henry the firsts time , and the canons made by the bishops there ; and that other called by theobald arch-bishop of canterbury , and instanced by the opponent , page . i say , both these doe faile in the conclusion propounded . fifthly , as touching the most proper worke of parliaments , which is , the making of lawes concerning the liberties and benefit of the people ; the opponent produceth not one instance concerning the same , which doth not conclude contrary to his proposall ; for as touching those two instances in his thirteenth page , anno . they concerne not the making of lawes , but the reviving of such as had been disused formerly , which might well enough be done by private councell . but as to that in his fifteenth page , of the law made by the conquerour , concerning remigius , bishop of lincolne , although it be true , that wee finde not the particular titles of knights , citizens , and burgesses , yet besides the councill of arch-bishops , bishops , abbats , and princes , we finde the common councill ; for so the words are , communi concilio , & concilio archiepiscopus , episcopus , abatus , & omnium principum , although the opponent would seeme to wave these words , et concilio , but putting them in a small character , and the rest in a voluminous letter , that the readers eyes might be filled with them and overlook the other . secondly , as to the instance of the councill at clarindon , in his nineteenth page , which he citeth out of matthew paris , matthew westminster , and hoveden , although he pleaseth to mention the severall rankes of great men , and those in blacke letters of a greater size ; and saith , that not one commoner appeares , yet master seldens hoveden , in that very place , so often by the opponent cited , tells him , that both clerus and populus were there . thirdly , the opponent citeth an instance of lawes made by richard the first , in his twenty fourth page , and hee setteth downe the severall ranks of great men , and amongst the rest , ingeniously mentioneth , milites , but it is with a glosse of his owne , that they were barons that were made knights , when as formerly barons were mentioned in the generall , and therefore how proper this glosse is , let others judge ; especially seeing that not onely milites , and milites gregorij , but even ministri , were present in such conventions , even in the saxon times : and master selden in the former knowne place , mentioneth an observation , that , vniversi personae qui de rege tenent in capite , sicut ceteri barones debent interesse judicijs curiae domini regis cum baronibus . fourthly , he citeth in his twenty fifth page , another instance in king johns time , in which , after the assent of earles , and barons , the words , et omnium fidelium nostrorum , are also annexed , but with this conceit of the opponents , that these fideles were those that adhered to the king , against his enemies ; be it so , for then the commons were present , and did assent ; or they may be , saith he , some specially summoned as assistants ; take that also , and then all the true hearted in the kingdome were specially summoned and were there , so as the conclusion will be the same . in the fifth place , hee citeth a strange president ( as he calls it ) of a writt of summons in king johns time , in his twenty seventh page , wherein omnes miletes were summoned , cum armis suis , and he concludes therefore the same was a councell of warr. first , because they were to come armed , it s very true , and so they did unto the councills in the ancient saxon times , and so the knights of the counties ought to doe in these dayes , if they obey the writte , duos milites gladijs cinctas , &c. secondly , he saith , that the knights were not to come to councill ; that is his opinion , yet the writt speakes , that the discreti milites were to come , ad loquendum cum rege ad negotijs regni : its true , saith hee , but not , ad tractandum & faciendum & consentiendum ▪ its true , it s not so sayd , nor is it excluded ; and were it so , yet the opponents conclusion will not thence arise , that none but the king , and those who are of the house of lords were there present . the sixth and last instance mentioned by the opponent , is in his thirtieth page , and concerneth escuage granted to king john , who by his charter granted , that in such cases he would summon arch-bishops , bishops , abbots , earles , and the greater barons , unto such conventions by speciall writts , and that the sheriffe shall summon promiscuously all others which hold in capite ; and thence hee concludes , that none but the great lords , and the tenants in capite ( whom he calls the lesser barons ) were present , but no knights , citizens , or burgesses ; all which being granted , yet in full parliament the citizens and burgesses might be there . for councills were called of such persons as suited to the matter to be debated upon . if for matters purely ecclesiasticall , the king and his councell of lords , and the church-men made up the councill . if for advice in immergencies , the king and such lords as were next at hand determined the conclusions . if for escuage , the king and such as were to pay escuage , made up a councill to ascertaine the sum , which was otherwise uncertaine . if for matters that concerned the common liberty , all sorts were present , as may appeare out of the very charter of king john , noted in my former discourse , page , . and also from an observation of cambden , concerning henry the third , ad summum honorem pertinet ( saith he ) ex quo rex henricus tertius , ex tanta multitudine quae seditiosa ac turbulenta fuit optimos quosque ad commitia parliamentaria evocaverit . secondly , the opponent takes that for granted that never will be , viz. that all the kings tenants in capite , were of the house of lords ; when as himselfe acknowledgeth a difference , page . viz. that the barons are summoned by writs , sigillatim , as all the members of the house of lords are , but these are by generall summons , their number great , and hard it will be to understand , how , or when , they came to be excluded from that society . i shall insist no further upon the particulars of this tractate , but demurr upon the whole matter , and leave it to judgement upon the premises , which might have beene much better reduced to the maine conclusion , if the opponent , in the first place , had defined the word parliament : for if it was a convention without the people , and sometimes without the king , as in the cases formerly mentioned , of the elections of william rufus , and of king steven : and if sometimes a parliament of lords onely , may be against the king , and so without king or people ; as in the case betweene steven and maud the empresse , and the case likewise concerning king john , both which also were formerly mentioned ; possibly it may be thought as rationall for the commons in after ages , to hold a parliament without king , or house of lords ; and then all the opponents labour is to little purpose . the continuation of an historicall discourse of the government of england . the former times , since the norman entry like a rugged sea , by crosse windes of arbitrary vapours , in , and about the crowne ; and by forraine ingagements from the holy chaire , made the true face of affaires cloudy and troublesome , both for the writer and the reader . hence forward , for the space of three hundred yeares next ensuing , kings by experience and observation , finding themselves unequall to the double chace of absolute supremacy , over the sturdy laity , and incroaching clergy ; you will observe , to lay aside their pretentions against the peoples liberties , and more intentively to trench upon the spiritualty , now growne to defie all government , but that of covetousnesse . nor would these times allow further advantage to kings in this worke , they being either fainted by the tickle title of the crowne , hovering between the two houses of yorke and lancaster , or drawne off to forraine imployments ; as matters of greater concernment for the present well being of the kingdome , or for the spreading of the fame of such as desired to be renouned for valiant men. it will be superfluous to recount the particular atchievements formerly attained by these ecclesiasticall men ; the former treatise hath already sayd what was thought needfull concerning that : for the future , i shall even premise this , that the insuing times being thus blessed with a truce , or stricter league between kings and commons ; the errours in government more readily doe appeare ; the corruptions in natures of men more frequently discover themselves ; and thereby the body of the statute-lawes begin to swell so bigg , that i must be inforced to contract my account of them into a narrower compasse ; and render the same unto the reader , so farr forth onely as they shall concerne the generall streame of government ; leaving those of privater regard , unto every mans particular consideration , as occasion shall lead him : for what ever other men please to insist upon , this i take for a maxime , that though the government of a king is declared by his actions , yet the government of a kingdome is onely manifested by ancient customes , and publique acts of parliament . and because i have undertaken a generall survey of the reignes of thirteene severall kings and queenes of this nation ; ( for i shall not exceed the issue of henry the eighth ) and to handle each of them apart , will leave the reader in a wildernesse of particulars , hard to comprehend in the generall summ ; i shall therefore reduce them all into three heads : viz. interest of title , interest of prerogative , and interest of religion ; the last of which swayed much the three children of henry the eighth ; the second as much in their two ancestors , viz. henry the eighth , and henry the seventh ; and the first in the three henries of lancaster , and three succeeding kings of the house of yorke : and because edward the third and his grandchilde richard the second , doe come under none of these interests , i shall consider them joyntly , as in way of exordium to the rest ; although the course of the later was as different from the former , as lust falls short of a generous spirit . chap. i. a summ of the severall reignes of edward the third , and richard the second . severall i may well call them , because they are the most different in their wayes and ends , of any two of that race , that ever swayed their scepter ; and yet the entrance of the first gave countenance to the conclusion of the last . for the scepter being cast away , or lost by edward the second , it was the lot of his son , edward the third , a youth of fifteen yeares of age , to take it up ; he knowing whose it was , and feeling it too heavy for him , was willing enough it should returne ; but being overswayed by councels drawn from reason of state , and pressed thereto by those that resolved not to trust his father any more , he wisely chose to manage it himselfe , rather then to adventure it in another hand ; but that is not all , for as its never seene that the crowne doth thrive after divorce from the scepter , but like a blasted blossome , falls off at the next gale of adversity ; such was the issue to edward the second , his power once gone , his honour followed soon after , he had ceased to be king , and within a small time did cease to be edward . his son , thus made compleate by his fathers spoyle , had the honour to be the repairer of the ruines that his father had made ; and was a prince which you might thinke by his story , to be seldome at home , and by his lawes seldome abroad ; nor can it be reconciled without wonder , that providence should at once bestow upon england , a couragious people , brave captaines , wise councell , and a king that had the endowments of them all . otherwise it had out-reached conceit it selfe , that this small island , wasted by the barons warrs , the people beaten out of heart by all enemies , in the time of the father , should neverthelesse in the time of the son , with honour , wade through so many difficulties of mighty warrs on every side abroad , and devouring pestilence at home ; and yet lay a platforme of an epulent , wise , and peaceable government , for future generations . yet hee had his failings and misfortunes , a great part whereof may be attributed to infirmity of age ; which in the first part of his reigne was too little , and in the later part too much . true it is , that governours of the persons of kings , may in some measure supply defects of non-age , but seldome where the governours are many , and never if they be ambitious : and it was this kings fate to miscarry in both ; for he had in his youth twelve governours by constitution , and they , two supreame by usurpation , viz. the queen and mortimer , till they were both consumed in the flame which themselves had kindled . and this disparity wrought somewhat unsuccessefully in the kings first warr : for the generosity of his spirit ( himselfe being young and active ) minded his councell to advise him imployment in a forraine warr , rather then they would adventure its motion at home , least it might prove circular , which is most dangerous for government , if the prince be not under command of himselfe . this first warr was with scotland , whose power was inferiour to that of france ; the king young , and the danger neerer ; and therefore though the last affront was from france , that more fresh in memory , and more peinant ; yet the king was advised to give place , and speake faire , till he had tryed masteries with scotland , and thereby secured his rere : this he wisely hearkened unto , and met with such a successefull turne of providence , that like an o yes before a proclamation gives warning to scotland that the wheele is turned upon them ; and that there is somewhat more then humane motion in the matter , that exasperates the english upon an enterprize , so often crossed by providence hitherto ; and the king also ( being but a souldier in hope as yet ) to dare against those that had so shamefully foyled his father , and also put himselfe already once to the retreat . and yet there did concurr a kinde of necessity of second causes ; for , the king found the crowne ingaged , and the minds of the scots so elate , as the english mans case was not to live to fight , but to fight to live ; and so imbittered against one another by the fierce warrs under the barrons , that nothing could quench the fire , but the withdrawing of the brands into forraine action , like some angry spirits that spoyle their owne bodyes , unlesse they chide or fight it out with others . in the first brunt with scotland , the king gained nothing , but understanding of the humours of some of his great lords ; which once purged out , he renues the warr , prevailes , and after ten yeares stirr ( wherein hee became a trained souldier against the scots ) hee wann the crosse , and then goes to play his prize in france , to compleat his crowne with the flower de lis : which was the great worke of the rest of his reigne ; in which foure parts of five was victorious ; the fifth and last , was declining like some gamesters , that winn at the first , and for want of observation of the turning of the dice , come off loosers at the end . for the king being rather satiated then satisfied with victory and honour , returned home to enjoy what he had , leaving his son , the black prince , to pursue the warr , and to act the souldiers alone , who now began to honour his valour above his fathers . but , the tyde is spent , the prince of chivalry dyes , the brave commanders wasted ; and the french too fickle to continue subject to the english , longer then needs must , tack about for another adventure , and make it plaine , that france is too bigg to be garrison'd by england , and that it will cost england more to hold it then to have it . his religion was more to the purpose , then of any of his predecessors since the norman times ; he reflected upon god in common events , more ordinarily then the generall streame of the clergy did in those dayes : he loved , if not adored devout men and their prayers , and yet intentively disclaimed opinion of merits in the creature : hee saw the pope through and through , loved him but little , feared him lesse , and yet lost neither honour nor power thereby . his cheife policy at home , was , to be much at home , great with his people , and they great with him ; what the parliament did , he accounted well done ; he never questioned their power , though he was over-reached in questioning their wisedome : for he that shall preferr his owne wisedome above that of the parliament , must needs thinke himselfe extreamly wise ; and so much the more , to know himselfe to be such : but the worst of his fate was , to live to his winter age , and after fifty yeares reigne , or more , to dye in his minority under the rule of a woman of none of the best fame , after hee had so long enjoyed the honour of greatest note in the christian world , in his dayes . such was not richard the second , though the onely son of that famous cheiftaine , the black prince of wales ; ( a renouned son of a renouned father ) but ( as a plant transplanted into a savage soyle ) in degree and disposition wholly degenerate , retained a tincture of the light inconstancy of his mother , and the luxuriousnesse of his great grandfather , edward the second , and running his course , came to his end . his entrance , however by colour of inheritance , yet was a greater adventure then his predecessors , that came in by election ; upon the designation of his father by his last will , say some . for this man came in upon many disadvantages , both of time and person : the times were very troublesome , the kingdome new wrapped up in a double warr abroad , and ( which is worse ) flooded with distractions at home , contracted partly by his predecessors weaknesses in his decrepit estate , partly by a new interest of religion sprung up against the papall tyranny , from the doctrine of wickleiff ; all which required a very wise man , and a brave commander , in both which the king fayled . religion now began to dawne through the foggs of romish usurpations and superstitions , ayded thereto by a scisme in the triple crowne , that continued forty yeares , with much virulency abroad , and with as bad influence upon our myters at home : some of whom were called clementines , others vrbanists , and yet none of them all worthy of eyther of the names , in their proper signification . the laity , though lookers on , yet were not quiet : for though liberty be a hopefull thing , yet its dangerous to them that are not a law to themselves ; especially in matter of opinion ; for that arraines the rule , and layes the way open to licentiousnesse . and now that the liberty from the keyes began to be taught as a duty of religion , the inferiour sort meet with doctrines of licentiousnesse , upon mistake of the notion , and will acknowledge no rule now they must be all at liberty : and thus sprang up the insurrection of the servants and bond-men against their lords and masters , under cade and strawe ; that might have brought the common wealth into a hideous chaos , had not the lords and great men betimes bestirred themselves ; and the king shewed an extraordinary spirit , or rather a kinde of rage , that put it selfe forth beyond the ordinary temper of his minde . much of this mischeife was imputed to wickleiffs doctrine ; for it is an ordinary thing to proclaime all evills , concurring with the very joynt of reformation , to be the proper fruits thereof ; but i looke upon it as a fruit of corruption that indeavours to stopp the breath of reformation in the birth ; and there is somewhat of a hidden influence from above in the thing ; for it was not onely the cupp of england , to be thus troubled , but france and other places , had their portion sutable . the kings minority rendred him unequall unto these contrary motions ; he was in his eleventh yeare , when he entred the throne ; and ( which was worse ) his yeares came on faster then his parts , but his worke posted before them all . the common helpe of protectors left him yet more unhappy , for they were prepossessed with strong ingagements of particular interests ; and so were eyther not wise enough , or not good enough for all . this brought forth a third inconvenience , the change of protectorship ; and that change of affaires and interests , an uncertaine good that brings forth a certaine evill ; for variety of instruments and interests move severall wayes , and though the end be one ; the difference concerning the way , many times , doth as much hinder the journey , as so many blocks in the way . the protectorship was thrice changed , the kings unkles had the first essay ; any one of them was bigg enough for one kingdome , but all of them together were too great to make one protector . the duke of lancaster would have done well alone , if he had been alone , and that work alone ; but he being somewhat ingaged with the wickleiffists , and so intangled with the clergy , and other restlesse spirits , and drawne off by his private ayme at the crowne of castile , saw this worke too much , and so he warily withdrew himselfe , leaving the directory to a committee of lords , a soveraine plaister , questionlesse , where the times are whole , but not for these distractions , wherein even the committee it selfe suffered its share : thus the breach is made the wider ; and for a cure of all , the government is committed into one hand , wherein the earle of warwick acquitted himselfe well , for he was wise enough to observe such as the people most honoured : and thus passed over the two first yeares of the kings reigne . the remainder of the kings minority , was rather in common repute then in true account : for the king , however young , took little more from the protector , then he saw meet to collour his own commands with opinion of regularity ; and so his will came to full strength before his wisdome budded . thus lifted up , he sets himself above all interests of parliament , protectors , councellors , unkles , wise , men and law ; leaving them all to be rules for those below . and so long as the kings desire is thus served , he is content to be reputed a minor , and be as it were under protection of others , though not under their direction ; and is content to continue thus untill his two and twentieth year : some might thinke him very moderate , had hee been moderate ; but he forbears suing out his livery so long as he may live without care , and spend without controll : for by this time the humour of his great grand-father budded in him ; he pawned his heart to young men of vast desires , and some say so inordinately , as he prostituted his chastitie unto them . and it s no wonder if the revenues of the crowne are insufficient for such masters . thi● the people soon felt , and feared their own free-holds : for they are bound , saith he , not to see the crowne deflowred for want of maintenance , it s very true , nor to see the crowne deflowred of its maintenance . a parliament therefore is called ; in which diverse lords associate , and prepare physick for the kings lavish humour , which being administred , wrought for ten yeares after , till it had purged him of his life , and the kingdome of their king. it was an act of parliament that gave power to fourteen lords and others , to regulate the profits and revenues of the crowne , and to doe justice to the people ; this was to continue for one whole yeare . the parasites no sooner found the effect hereof to their cost , but the king growes sicke of it , and findes an antidote to over-rule acts of parliament , by acts of privy councell , declares this ill-favoured commission voide ; and the contrivers , advisers , and inforcers , traytors . to make it more majesticall , he causeth the judges to subscribe this order , and so it becomes law in repute . this foundation thus laid , he buildeth in hast an impeachment of these commissioners of high treason ; and supposing that they would not readily stoope , himselfe stoopes lower ; for he would put his right to triall by battell , which was already his owne , by the judgement of the masters of the law : for so they may be well called , seeing they had thus mastered it . in this the king had the worst , for he lost his honour and himselfe : ( god hath a care of common right even amongst idolaters . ) then comes the parliament of wonders , wherein the kings party are declared traytors , and the chiefe judges with their law , judged by another law. the king not medled with , thinks it high time to come out of his minority , and assumes the government of the kingdome and himselfe , to himself , being now three and twenty yeares of age ; old enough to have done well if he had cared for it : but resolving to follow the way of his owne will , at length it led him to his owne ruine : onely for the present two things delayed it , viz. the authority , wisedome , and moderation of his unckles , especially of the duke of lancaster now come out of spain ; and the great affection which the king pretended to the queen , who had also gained a good opinion amongst the people : the benevolent aspect of the people , not for their owne advantage , but for the publick quiet , procured many parlies and interviewes between the king and people , and many lawes for the upholding of the court and government , although both warre , lawes , justice , and councells , all are faint , as all is faint in that man that hath once dismanned himself . this he perceives well enough , and therefore peace he must have by any means . the queen dies , himselfe being nigh eight and twenty yeares old , takes a creature like a wife , but in truth a childe of eight yeares old , and this is to get peace with france . it s no wonder if now he hunts after unlawfull game , and that being ill taken brings all things out of order ( for abused marriage never wants woe : ) civill men are now looked upon as severe cators ; and his unckles , especially the duke of glocester with a jealous eye , which accomplished his death in the conclusion . the dukes of lancaster and yorke forsake the court , favorites step into their roomes : the old way of the eleventh yeare is re-assumed : belknap and others are pardoned , and made of the cabinet . the pardon of the earle of arundell is adnulled , contrary to the advise of the major part , and the arch bishop , the earles brother is banished . the lords forsake the wilfull king , still the kings jealousie swells ; the duke of hertford is banished , or rather by a hidden providence sent out of the way for a further worke . the duke of lancaster dies , and with him all hope of moderation is gone , for he was a wise prince , and the onely cement that held the joynts of the kingdome in correspondency . and he was ill requited , for all his estate is seised upon . the duke of hertford , and his party are looked upon by the people as martyrs in the common cause , and others as royalists ; extremities hasten on , and prerogative now upon the wing is towering above reach . in full parliament downe goes all the worke of the tenth and eleventh yeares parliament , which had never bin , if that parliament had continued by adjournment . the king raiseth a power which he calleth his cuard , of cheshire men ; under the terror of this displaying rod , the parliament & kingdom are brought to confession : cheshire for this service is made a principality ; & thus goes counties up , and kingdoms down . the kings conscience whispers a sad message of dethroning , and well it might be , for he knew he had deserved it . against this danger he intrenches himself in an act of parliament , that made it treason , to purpose and endeavor to depose the king , or levy war against him , or to withdraw his homage , hereof being attainted in parliament . and now he thought he was well guarded by ingagement from the parliament , but he missed the right conclusion for want of logique : for if the parliament it self shall depose him , it cannot be made a traytor , or attaint it selfe , and then hath the king gain'd no more then a fals birth . but the king was not thus quiet , the sting of guilt still sticks within , and for remedy he will unlaw the law ; and gets it enacted , that all procurers of the statute of . richard the second , and the commission and procurers of the kings assent thereto , and hinderers of the kings proceedings , are adjudged traitors . all these reach onely the branches , the root remains yet , and may spring again ; and therefore in the last place , have at the parliament it self : for by the same its further declared , that the king is the sole master of the propositions for matters to be treated in parliament , and all gainsayers are traitors . secondly , that the king may dissolve the parliament at his pleasure , and all gainsayers are traitors . thirdly , that the parliament may not proceed against the kings justices , for offences by them committed in parliament , without the kings consent , and all gainsayers are traitors . these and the like aphorismes once voted by the cheshire men , assented unto by the parliament , with the kings fiat , must passe for currant to the judges , and if by them confirmed or allowed , will in the kings opinion make it a law for ever , that the king and all parliaments is dominus fac primum , and dominus fac totum . but the judges remembred the tenth yeare , and belknaps intertainment , and so dealt warily ; their opinion is thus set down , it belongeth to the parliament to declare treason , yet if i were a peere , and were commanded , i should agree : so did thorning under-write , and thereunto also consented rickill , and sir walter clopton , the last being chief justice of the kings bench , the first chief justice of the common-pleas , and the second another judge of the same bench. the summe in plainer sense is , that if they were peeres , they would agree ; but as judges , they will be silent . and thus the parliament of england by the first of these foure last mentioned conclusions attainted themselves ; by the second yeilded up their liberties , by the third their lives , and by the last , would have done more , or been lesse : and to fill up the measure of all , they assigned over a right of legislative power unto six lords and three commons , and yet the king not content , superadded , that it should be treason for any man to indeavor to repeal any of their determinations . the common-wealth thus underneath , the king tramples upon all at once ; for having espied the shadow of a crown fleeting from him in ireland , he pursues it , leaves the noble crown of england in the base condition of a farme , subject to strip and waste by mean men ; and crosses the irish seas , with an army . this was one of englands climactericall years , under a disease so desperate , that no hope was left but by a desperate cure , by sudden bleeding in the head , and cutting off that member that is a principle of motion in the body : for it was not many moneths ere the winde of affaires changed , the king now in ireland , another steps into the throne ; the noise hereof makes him return , afarr of inraged : but the nigher he comes the cooler he growes , his conscience revives , his courage decayes , and leaving his army , his lordship , kingdome , and libertie , behinde , as a naked man submits himself to release all homage and fealtie ; to resigne his crown and dignitie , his titles and authoritie ; to acknowledge himself unworthy and insufficient to reign ; to swear never to repent of his resignation ; & thus if he will have any quiet , this wilfull man , he must be content for the future , neither to will nor desire : and poore england must for a time bee contented with a dolefull condition , in which the king cannot rule , and the parliament will not , and the whole body like a chäos capable of any form that the next daring spirit shall brood upon it . chap. ii. of the state of the king and parliament , in relation of it to him , and him to it . a king in parliament is like the first-born of jacob , the excellencie of dignitie , and the excellencie of power , but alone unstable as water : examples of both these we have in these two kings , whereof the first was crowned by the parliament , and crowned it ; the latter also crowned it , but with thornes ; and yet the parliament in all held on that wise way , that it neither exceeded its own bounds , nor lost its own right . i shall enter into the consideration of particulars under these heads : first , in relation more immediately to the interest of the king : secondly , to the interest of the kingdome in generall . the king , though higher then all the people by the head , and so hath the prerogative of honour as the most worthy , yet his strength and abilities originally doe rise from beneath , otherwise , he is but like a generall without an army , the title big , but aiery ; and many times his person subject to so much danger , that in stead of drawing the eyes of all the people to look upon him with admiration , they are drawn to look to him with observation , and in this respect he may be said to be lesse his own man , and more the kingdomes then any of the inferiour sort . this befell in both these kings in a speciall manner ; each entering upon the grand government of a kingdome before they were able to understand the work , or govern themselves : and therefore were under power of protectors for the guard of their persons and their education , and of the parliament for councell and direction in cases relating to the kingdome . the chide of a mean man when its parents are dead , is filus amici , but of a king , is filius populi , to be by them trained up in such manner , that he may be pater populi , when he is come to age . in the mean time though he be a king , yet his person like a precious jem must not out of the ring , but must be directed by councell , though under some kind of restraint , & the councellors all the while no offenders in such cases against the prerogative royall . and therefore though it be true that kings grow faster then other men , and sooner come to full age then they , yet edward the third now in his sixteenth yeare might not passe over sea into france , though it were for restoring of peace , but by direction of the parliament : nor is it meet in such cases that kings should stand upon the prerogative of a negative . secondly , it may likewise be said , that his family is lesse his owne as he is a man , then another mans . for private families are no further under the publique law , then in relation to the publique peace , to punish after breach made . but the families of kings are looked upon by all in relation to the honour and profit of the publique ; not onely because the kings servants have by their nigh attendance upon his person a more powerfull influence into his actions , which may reflect a malevolent aspect upon the whole course of affaires , if they be not better ordered that are so nigh him . but more especially in regard that the government and order of the royall family trencheth deep upon the honor of the kingdome , and purses of the people , who are concerned to see the same accommodated sutable to the state and port , which the nation would bear forth to the world. and therefore for the parliament to intermeddle in the kings family , is not forrain nor new : alice piers was a familier , if not of the family of edward the third , yet both her selfe and others of that family were complained of as a grievance . richard the second , was once a young man , and ever a young king ; and what edward the third wanted onely in his youth , and in his infirme old age , this man ever wanted : for he that knew not how to govern himselfe , how much lesse could he govern his family : and if in this condition the parliament become his stewards , to set a yearely survey and check upon his servants and family , in order to good order of the same , and kingdome , otherwise men must conclude , it did that which was just : though richard the second , and those of his minde thinke not so . but this is not all ; kings have not onely such as serve the outward man , but some that serve their consciences , of old time called confessors ; in those dayes without name , for feare of superstition , yet the thing remaineth still in some well favored chaplain , and their work is to lead the kings conscience in dark wayes , or rather into them ; commonly he hath a devout outside , and that is the kings idol : but if while his eye be towards jerusalem , his minde be towards the dead sea , the king is his ; and then the blinde leads the blinde : like some ignis fatuus , to such as know it not : no man is so well knowne by his company as kings are by these men , and these men by their actions . although some have bin so witty as to cheat the whole generation of mankinde , by entertaining holy men to be their chaplains : themselves the mean time , without any sparke of that holy fire . yet this king was not so cunning , he had a confessor of his own choice , and according to his owne heart , who was complained of as a grievance , and the parliament removed him : so nigh they adventured , even to invade the kings owne conscience , if it may be called conscience , that will acknowledge no law , but that of its owne minde . thirdly , the kings revenue was under the check and controll of the parliment , for it befalls some princes , as other men , to be somtimes poore in abundance , by riatous flooding treasure out in the lesser currents ; and leaving the greater channells dry . this is an insupportible evill , because it is destructive to the very being of affaires , whether for warr or peace . for the kings treasure is of a mixt nature , much of it being intended for publique service , as himselfe is a publique person . and for this cause he hath officers of severall natures attending upon this treasury . some for land , some for sea , some for the generall treasure of the kingdome , some for that of the houshold , and some for the privy purse : the common end of all , being to maintaine state in time of peace , and strength against time of warr : because it s no easie matter to maintaine the just proportions for each of the said ends , it is the lesse wonder that such a brave prince as edward the third should labour under want for maintenance of the warrs ; and so lavish a spendthrift as richard the second ; should labour under more want to maintaine his port and countenance in peace . and therefore , though it be true that the publique treasure is committed to the king as the cheife steward of the realme , yet it is as true that he is but a steward ; and that the supreame survey of the treasure resteth in the parliment , who are to see that the treasure be not irregularly wasted , to reduce the same into order ; and for that end to call the treasurers and receivers to account , to see to the punishing of such as are unfaithfull , and encouraging of others that are faithfull ; for when by extravagant courses , the treasure is wasted ; by extraordinary courses it must be supplied , which ever is out of the subjects purses . and in such cases it is great reason that they should observe which way the course lies of such expenses . if then in such cases , sometimes the parliament hath stayed the issuing out of the kings revenue for some time , or otherwise viewed and examined the same , charged it with conditions , e. . n. . r. . n. . limitted it to certaine uses , and in case of misuser refused to levy or make payments , the case will be without dispute , that the parliament ordered the publique treasure as they saw most need . but much more if wee consider how the greatest part of this treasure was raised . viz. not from the old revenues of the crowne , but by new impositions , levies , and assesments , layd upon the people , even what they pleased , and in what manner they thought meet , and not otherwise . aydes are lawfull if they be legally given by common consent of parliament : taxes if legally given by parliament , are no lesse lawfull , yet they must be collected in such manner and by such means as the parliaments order doth direct : loans of monys to the king may be made by them that will , but the king must not demand them , because the subject hath no means to recover the debt . this trick had been lately tryed by edward the second , much mony he got , and it was repaied by the order of the parliament . but of all the rest , nothing shewed more absolute authority in the publique revenue , then the care that was had of the demesnes of the crown , for whereas the expenses of kings grew so vast , that neither the yeerly revenue could suffice ; nor aides , assesments , and taxes could satisfie , however ordinary they in these times were become ; rather then kings would contiane themselves they would invade their own demesnes , by pauning , selling , and giving them a way , either for love or mony ; and thus was poverty treasured up against the future , both for king and crown . the parliament , espying this leake that was like to undoe all , applyed a speedy remedy , undoing what was done , and undoing some by an act of resumption , and thereby taught kings to looke to their honor better for the future ; and people also to take heed of medling with such considerated matters , and to know that he that hath such in his possession , hath them by a cract title that cannot bee amended but by act of parliament . fourthly , an english king is no out-law , nor can he do any wrong , though the man may : he hath a double relation , one as a king , the other as a man , and the uniting of both in one person , hath cheated many a man of his judgement in the case of prerogative : he hath a double will , and these many times contrary , equally as in other relations ; and in this contrariety , sometimes the king overcomes the man , and sometimes the man the king ; so as if any man , the king hath much more cause to cry out , o miserable man : these divers wills are generally led by diverse rules . one of a man , w ch many times reacheth no higher then the affections ; and if the man be weak they deserve little better name then lusts . the rule of a king is law , or councells , of these in place ; and unto these in all prudentialls , he must submit his judgement and will , as he is a king : nor can he doe otherwise , unlesse he will presume to be wiser then his councell : sutable hereunto doth that clause in one of the statutes of these times conclude , viz. that the king is bound by his oath , to passe all lawes that are for the good of the kingdome : for were the power of election , or determination of the point onely in the king , then were the oath in vain , nor is the parliament at all ( in case of the kings dissent ) to judge of the convenience or inconvenience of proposalls made for the good of the whole body , according to that power which it exercised in these times : nor is it irrationall to inferre here from that , if law and councell be the rule of a king , then the obedience of the people unto this king must be in order to law and councell , otherwise the disobedience cannot be determined to be against the king , but against the man ; and though against the private will of the commander , yet not against the law , nor therefore can it be said illegall or unjust . the parliament in these times held forth this doctrine plainly to the world , that it is their proper work in cases needfull to doe right to such as are wronged by the king : his command is no warrant in such cases . if a man be wrongfully imprisoned by him , he shall be released and set at liberty by them : let his act be never so authenticall under the broad-seale , it can take no mans right away . richard the second , did his utmost to satisfie and quiet the tumultuous rabble under cade and straw ; and granted store of manumissions to the bond-men by declaration , and by his letters patents , but not one of them good enough to deprive any one of the meanest of the free-men of their rights in those bond-men . the priviledge of shewing mercy , and granting pardon hath beene antiently betrusted to the king , as to an overseer of the execution of law , yet he hath not that prerogative , to have mercy on whom he will have mercy . ever since this narion had learned to read the bible , murder hath been excepted from mercy , nor did the law ever allow any king any prerogative to pardon that . edward the third , did not challenge any such , not onely bound thereto by his coronation oath , but by publique acts of state , declaring the same ; yet because the parliament was not alwayes sitting , and kings were ever subject to this temptation , to favour servants , by granting mercy to malefactors ; a generall rule of inhibition is made against all pardon to be granted by the king , in case of fellony , but onely in cases allowed by advise of the councel . it s true that in the first times of richard the second , he liked not to be thus girt in his power , which he pretended was more at liberty in his predecessors ; possibly he meaned king john and edward the second , who many times did what they listed ; yet under his favour , no law was so shamelesse , as to hold forth such a power , till richard the seconds law countenanced it : but why doe i call it a law , which is onely a declaration by consent of the lords , such as then were ▪ the commons would never owne such an opinion ; and therefore it soone proved abortive ; for within three or foure yeares , by publique act of parliament , it s peremptorily declared , that the kings pardon shall not extend to murther : so as upon the whole matter its plain that it is not the kings will , though supported by the councell of lords , and backed by the opinion of the judges , that must be a rule for the government of this kingdome , nor doth any allegience binde obedience thereunto , in case where justice , or the liberty of the people is concerned . three things yet remain which kings have claimed to be their own , viz. conferring titles of honour , and places of trust , and the legislative power . the first is but a feather , and not worthy of regard , yet it is plain that these times produce many presidents of dukes , marquesses , and earles , made in parliament , and possibly it may be apparent that the first motion of any such title of honour , did first fetch its originall thence , if not in the field . but it s not worthy of the labour . the second is more considerable , viz. the power of conferring places of publique trust : this , kings have pretended unto , although in course of congruity , it will be thought more meet that it belongeth rather to that cheife and grand trust of the whole kingdome committed to the parliament , and the practice of these times is not much discrepant , whether we regard such as are for advice or execution , of the first of these are those whom we commonly call , the privie-councell , whose advise in course toucheth first upon the kings person , but by reflexion worketh strong impressions upon the people , so far as the influence of the kings power extends . and therefore it s not beyond the sphear of the parliament to interpose and qualifie that influence , so as it may be for the generall good of the whole kingdome : for many times kings are either above or beneath themselves ; and in such cases if the councell be of the kings suite , he is of the deeper die , and proves more malignant to the people . edward the third , growing into great opinion in the world , his proportion exceeds his own portion , and the peoples good wills to boote ▪ they think the fault is in the privy councell , and an inquisition set upon it : so also they doe in his fiftieth yeare when he growes downward . and the like in the beginning of richard the seconds reigne , he being now a youth , and therefore unstable in his resolutions , and unable to make election : so as upon the whole matter , if the king fall short in point of judgement , or resolution , or inordinate in his affections : but more especially where they observe the major , or more considerable part of the councell to draw towards a designe ; in such cases as these , the parliament as its own duty undertooke to settle a good councell about the kings person , that might advise him during their recesse . for the privy councell is never more it selfe then when it is an epitome of the common councell of the kingdome . in like manner such officers as concern execution of law , and councell , are as narrowly to be inquired into : for if their motion be irregular , it s lesse materiall what the rule be : the parliament therefore held it their duty to interpose in the election of grand officers of the kingdome ; such as are the chancellors , judges , and justices , or to confirm or displace them , or binde them by oath , the rolls of the eighth , fourteenth , fifteenth , and thirty sixth years of edward the third , and the sixth , tenth , and eleventh years of richard the second , do manifest this sufficiently . i have done with the subject matter or work of the parliament in the mutuall relation of the king and it , the manner of proceeding was either joyntly with the king , or without him ; and either joyntly with the two houses , or severally ; and either immediately by themselves , or their committees . as touching the first , its evident that in all matters wherein gain ariseth to the crown from the people , by subsidy , or otherwise , the strength of the grant by act of parliament resteth in the two houses , and that the kings assent is but pro forma , as touching that matter ; and therefore such grants have been made as tended in some measure to derogate , either from the kings wisedome , care , or fidelity , yet even these have passed with the royall assent , though the full assent or good will of the person of the king was not correspondent thereto : as in these cases formerly noted , where subsidies were given with limitations and conditions , and upon rendering account to the people . and it is as evident , that where the kings person is disabled to understand ( as in case of infancy ) there the royall assent can bear litle weight with it ; but most of all in the kings absence , where either the assent is put thereto by commissioners , that know not the kings particular minde , or the act is done onely by the houses , in nature of ordinances ; and yet these of force to binde all parties , but the king. but nothing more debased the royall assent in these times , then a trick that edward the third plaid in the middest of the fullest strength of his government : it was in time of war , which never is time of good husbandry and laying up , nor of sober advise in laying out , nor of equity in levying and collecting money for the nerves of war. this forward warrier in the heat of his atchievements , findes his strength benummed for want of money , he leaves off , comes home , rages against his a. bishop , to whom he had committed the care of provision for his war , and the a. bishop , as hotly falls upon some of the treasury in the army on the one side , and upon others in the countrey ; whose oppressions , saith he , in stead of bringing in money , made the people to give a stop thereto . a contest hereupon thus had , it was concluded by the power of the parliament , that such men should be questioned , and that the parliament from time to time should call all officers of state to account , and thereupon ensues a calme . after the parliament ended , the king repeats the matter , it makes his heart sick , he disgorgeth himself by a proclamation made by advise of nobles , and wise men , as he saith , and tells all the world he dissembled with his parliament , and what he did was done by duress of minde , to please for the time , and to gain his ends , which being now had , he by his proclamation revokes what he had done in parliament , or indeavoured it ▪ and thus is england put to school to learn to dissolve three hard knots : first , whether a king can dissemble with his parliament . secondly , whether edward . his dissembling assent makes a law. lastly , whether by a proclamation , by advise of nobles and wise men , he can declare that he dissembled with his parliament , and therein not dissemble the royall assent , so as to bring all the lawes made in any kings time into question at least during his life . however the result may be , its evident the royall assent gets no honor hereby , and the statute as little , that hath suffered this proclamation all this time to passe among the number of the statutes in print as a law , when as many statutes that are lawes of note are left out as uselesse . although in the generall , the two houses joyned in every act , ad extra , yet , ad intra , and in relation one to another , they had their severall operations , the house of commons intermedled more in the matter of fact , the house of lords in matter of right , although in either of these there is a mutuall aspect from both : in matters of judicature , much rested with the lords , and therefore it is ordained , that , the house of lords shall remedy all offences contrary to the law of magna charta : and in cases where no remedy is left , nor judgment by the law , the matter shall be determined in parliament , and the king shall command execution to be done according to the judgment of the peeres : which lawes seeme to bee but declarative of the former lawe , and in the nature of reviving that power into act which was formerly layd asleep , and doth strongly implye that the ultimate act in judicature rested with the lords , in relation not onely to the house of commons , but also in relation to the king , whose work in such cases , is , not to judge above , or with the peers , but to execute their sentence : and that carries with it a list , whereby the power of a king may appeare not to be so supreame in making of the law , as some would have it ; for if his judgement and conscience be bound by the votes of the peers in giving a law , in case of a particuler person , where the law was not formerly known : let others judge of the value of this negative vote , in giving law to the whole kingdome . it s true that this parliament was quarrelled by the king , and he kept it at a bay by a proclamation that pretended revocation , as far as a proclamation could revoke an act of parliament ; but it effected nothing , nor did the contest last long : now though this jurisdiction thus rested in the house of lords , in such cases , as well as in others ; yet is it not so originally in them , as to be wholly theirs , and onely as they shall order it ; for the commons of england have a right in the course and order of jurisdiction , which ( as the known law ) is part of their liberty : and in the speedy execution of justice , as well as they have right to have justice done : and therefore whereas in cases of error , and delayes , the appeale was from the inferiour court to the parliament , which immediately determined the matter , and now the trouble grew too great by the increase of pleas : for remedy hereof , a kind of committee is made of bishop , earls , barrons , who by the advice of the chancellor , treasurer , and the judges , shall make good judgement in all cases of complaint of delay in judgement , which committee is not made by order of the lords alone , which they might have done in case jurisdiction had bin wholly and onely shut up in their custody , but by act of parliament , and joynt concurrence of the commons with the lords : for as the commons challenge speedy execution of justice , as one of their liberties : so also to be under the jurisdiction of such judges , and courts , as the lawes ( in the making whereof themselves challenge a vote ) do establish & appoint . i will conclude this chapter with the constitution of the parliament in these times . for , the difficulties that befell between the kings and their people , or houses of parliament , wrought two sad effects , viz. a propensity to decline calling of parliaments , so often as was used and exspected ; and when it assembled , as great a propensity in the members to decline their attendance , by means whereof , as the historians tell us , the parliament was somtimes inforced to adjourn it self for want of number sufficient : the first of these arose from want of good will in the kings , the other from want of courage and zeale in the people . the first of these was fatall and destructive to good government ; for though in distempered parliaments its good to withdraw , yet in distempered times its necessary to meete , and gain a right understanding of all parties ; and therefore these times were so happy as to binde themselves by publique acts of state to recontinue the assembling of parliaments . for the face of the times represented unto all , that agitations were like to be quick , violent , and to continue for some succession of time : it s therefore safe , if not necessary , that every eye should be open , and counsells ready for every occasion . a law at length is agreed upon , that a parliament shall be holden once every yeare , or more if need be . but in thirty yeares the power of this law is wasted out of minde , and the evill reviving , revives also the statute , and yet they had thirteen or fourteen parliaments in thirty yeares space , and not above three , or but once foure yeares distance of time between any two of them in succession . this was the sense of the members of the houses in their meeting , but at home , they had homely conceits , and it s found no lesse difficult to bring them to the meeting , then to continue the meeting according to the law , being either loath to adventure their thoughts into the troublesome affaires of the publique , or their persons to expence and hazard : but the publique must be served , and therefore an act of parliament is made , that all such members as decline their appearance at the parliament , after summons made , shall be amerced , and the sheriffes likewise that shall neglect return of summons : and the statute implyeth that it was no introduction of a new law , but a reviving of former law now or lately difused , or a custome now out of custome . and to take away all objection in point of charges and expences , another law was made to establish the assessments , and levying of their wages , upon the lands that anciently were chargeable therewith , in whose hands soever the same shall come . i shall conclude with this , that the parliament , though like a garment , it sometimes covers the goodly feature and proportion of a well composed body , yet it keepes the same warme , and as a sheild is first in all dangers , and meets with many a knock which the body feels not : this is their worke and reward ; it s true , that in the wearing it is felt heavy , but it is the easier born , if it be duely considered , that it is better to be so clothed , then to be naked . chap. iii. of the privy councell , and condition of the lords . the later must make way for the former , for according to their personall esteeme in their own countries , such is their authority at the board in joynt councells : and it was one point of happinesse in a sad time of warre , that all men looked one way . the lords were much addicted to the feild , and could doe much with edward the third , who was a brave leader , and more with the people , who had bin so long time used to the rough trade of souldiery , that they loved not to be at home about matters of husbandry , wherein they had so little experience . and having so fair a garland in their eye as france , it s no wonder if domestick designes seemed meaner , or more dangerous . thus did god doe england a good turn , although it was made for the present thereby neither so rich or populous , as it might have bin in a time of peace . this french heate wasted many a tumultuous spirit , and innobled the fame of the king and lords , not onely abroade , but won them much honour and repute of those that remained at home ; and so by congregating homogenealls , and severing heterogenealls , rendered the body of the people more univecall ; which tended much to the settling of the joynts of this distracted nation . a timely birth hereof doubtlesse was the peaceable entry of richard the second , upon the throne , and quiet sitting there ; whiles as yet he was but a childe , the princes of the blood many ; and they of generous , active , and daring spirits : yet doe we not meete with a whisper in story of any turbulent or aspiring humor in them or the people , during those tenderer times of that kings reigne . but after that he came to know more in himselfe then was to be found ; and to outreare his abilities , having some of the lords ready at his elbow to help him : these changed the kings course , although the generall part of that noble band kept still their array ; and retaining the body of the people in due composure , thereby declared themselves to be the kings friends , though the others were richards favorites , so as he was fain to stoop to occasion , and submit to be a king , that would have otherwise beene more or lesse . and thus the lords were become supporters to the crown , studds to the throne , and a reserve to the people , against the violent motions of an unbridled minde in their king ; who seeing them so united , and indeavouring to break them into parties to obtain his desire , lost both it and himselfe . it is a degree of cleanly modesty to impute the miscarriages of unruly kings , to their councell : for however during their minority , councellors are more rightly officers of state ; yet when kings will be their owne men , their councellors are no other then the breath of the kings owne breast ; and by which a king may be more truely discerned then any man , by his bosome friends . edward the third , was a man of a publique spirit , and had a councell suitable to his aime : richard the second , a man that desired what him pleased , would have what he desired ; and a councell he had that served him in all : for god answers the desires of mens hearts in judgement as well as in mercy ; and a sore judgement it is both to king and people , when the corrupt desires of the king are backed by a flattering councell . it must be granted that the privy councell of kings , hath been an old ginne of state , that at a sudden lift could doe much to the furthering of the present estate of publique affaires : neverthelesse , through the riot of kings , their designes generally tended to make more worke for the parliament , then to dispatch ; to doe much , rather then well ; like workes for sale , rather then for master-peice , and sometimes to undermine , yea , to outface the parliament it selfe ; like some unruly servants that will put away their owne masters : nor can it otherwise be expected , unlesse the kings elected ones be turned into the parliaments committee ; or that constant annuall inquisition by parliament , be made into their actions : for occasionall inquiries breed ill blood , though no attainder be ; nor are they easily undertaken , whereas constancy in such cases makes the worst to be resolved but into a matter of common course . the naturall and originall power of the privy councell , is very obscure , because there are severall degrees of them that occasionally have beene used , all of whom may deserve the name of privy councell , in regard of the parliament , which is the most publique councell of all the rest , and alwayes hath a generall interest in all causes in the kingdome . the first of these , is that which was called , the grand councell of the king , which as i thinke , was not the house of lords , who are called by summons , and were onely to attend during the parliament ; but a body made up of them : and other wise men of his owne retinue : and of this it seems there was a constant body framed , that were sworn to that service ; for some in these times were sworne both of the grand councell , and the privy councell , and so entered upon record . the second of these councells was also a great councell , and probably greater then the other ; but this was called onely upon occasion , and consisted of all sorts , like a parliament , yet was none : an example whereof we have in the ordinances concerning the staple , which at the first were made by the king , prelates , dukes , earles , lords , and great men of the kingdome , one out of every county , citty , and burrough , called together for that end ; their results were but as in point of triall for sixe moneths space , and then were turned into statute-law by the parliament . these two are magna concilia , yet without power , further then as for advise ; because they had no ancient foundation , nor constant continuance . another councell remaineth more private then the other , of more continuall use , though not so legally founded , and this is called the kings privy councell , not taking up a whole house , but onely a chamber , or a table , signifying rather communication of advice , then power of judicature , which more properly is in banco ▪ and yet the power of this grew as virile and royall , as it would acknowledge no peere but the parliament , and usurped the representative of it as that had bin of the whole kingdome . the ambition thereof hath ever bin great , and in this most notoriously evident , that as it had swallowed up the grand councell of lords , it seldome can endure the mention of a parliament , but when kings or affairs are too rugged for their owne touch . the platform of their power you may behold in this their oath . . that well and lawfully they shall councell the king according to their best care and power , and keep well and lawfully his councels . . that none of them shall accuse each other , of any thing which he had spoken in councell . . and that their lawfull power , aid , and councell , they shall with their utmost diligence apply to the kings rights . . and the crowne , to guard , and maintaine , save , and to keepe off from it , where they can without doing wrong . . and where they shall know of the things belonging to the crowne , or the rights of the king , to be concealed , intruded upon , or substracted , they shall reveale the same to the king. . and they shall enlarge the crowne , so far as lawfully they may , and shall not accouncell the king in decreasing the rights of the crowne , so farre as they lawfully may . . and they shall let for no man ( neither for love nor hate , nor for peace , nor strife ) to doe their utmost ( as far as they can , or doe understand ) unto every man in every estate , right , and reason , and in judgement , and doing right shall spare none , neither for riches nor poverty . . and shall take of no man without the kings leave , unlesse meat or drinke in their journey . . and if they be bound by oath formerly taken , so as they cannot performe this without breaking that , they shall informe the king , and hereafter shall take no such oathes , without the kings consent first had . all which in a shorter summe , sounds in effect , that they must be faithfull councellors to the kings person , and also to his crowne ; not to decrease the true rights , but to inlarge them , yet all must be done lawfully . and secondly , that they shall doe right in judgement to take no fees , nor any other oath in prejudice of this . the first of these concerne the publique onely at a distance , and yet the point of increasing and diminishing of the crowne in the sixth section is captious , and may sound as if there is a legall enlarging of the crowne , whereof he that takes the oath is to judge . a matter which onely and properly concerns the parliament to order and determine , or else farewell all liberty of the people of england . the second concerneth immediately the king in his politique capacity , but trencheth upon all the laws of the kingdome , in the executive power ; and all the motions in the whole kingdome , either of peace or warre , following in the reare , either immediately , or mediately , are under this notion interested into the transaction of the privy councell , to debate and determine the kings judgement therein , unlesse it will determine alone . and how easie a thing it is for such as have power of determining the action by the law , to slip into the determining of a law upon the action , and so to rule by proclamation ; experience taught succeeding times sufficiently : neverthelesse these times wherein parliaments were every moment upon the wing , and kept this noble band in awe , by taking them into their cognisance , placing and displacing some or all of them , directing and binding them by oath , as they saw occasion , of which the records are full and plentifull . i say , these times thus constituted added yet further incouragement to them , by giving them powers by statute-law , over and beyond what by ancient custome they had obtained . the king and councell of lords had anciently a power of jurisdiction , that hath bin in the first part of this discourse already observed ; yet it s very probable that it was not any select company of lords , but the whole association ; for it s granted by all , that they had originally a principall hand in the jurisdiction : and its hard to conceive how any private number should catch such a power , if not by usurpation . but the manner of acquiring , is lesse materiall ; the principall consideration resteth upon the quality of this jurisdiction . for it is evident that much difference hath bin , both concerning the place and manner of exercising this authority . in generall , it must be granted that all pleas , coram rege , were grounded upon writs first purchased , and returnable , either in banco , or in camera ; or in cancellaria . and no difference at all will be concerning the jurisdiction in banco , for that was by the course of the common law ; and the people held it one of their liberties to have one known course of law , for determining matters of right and wrong . as touching these pleas , which were holden by writs returnable in camera , they were properly said to be coram rege & consilio , whose meeting was in the councell chamber , in those dayes called the star-chamber . for other returns of writs in the star-chamber doe not we finde , but such as were in camera , nor prohibitions from thence , but under the notion of the kings councell ; and this camera , as i said , was the place of the joynt meeting of the councell , as well of those of the chancery and benches , as of those that attended upon matters of state. now the influence of society in point of judicature , principally aspected upon some pleas belonging to the crowne : although even these also properly were determinable in the kings bench ; nor can i observe any rule to bound the powers of these two judicatories ; but this , that the councell table would pick and chuse , and prohibite the kings bench as they pleased : and to that end would order originalls out of the chancery , as they thought most meet : for it is observed by fleta , that the kings bench hath no jurisdiction of it selfe , but by speciall warrant ; that is to say , by originall writs returned thither : neverthelesse , it may seeme that such crimes as are contrary to common honesty , or the publique profit or peace , in a more exemplary way then ordinary ; and therefore may be called , crimina laesi regni , or against the state : these , i say , might more properly belong to the subline judicature of the councell table ; as knowing better how far the publique state was interested , or indammaged in such cases , then the other judges that were experienced onely in ordinary matters of a more private concernment . to recite the particular cases upon record , concerning racing of records , forgeries , and other crimes of falshood , conspiracies , combinations , to abate and levell the prices of commodities , ryots , and such like , will be superfluous . in all which and others of that cognisance , the sentence exceeded not fine , and imprisonment , or ransome ; neither yet were the common pleas so rural , but the councel table could rellish them also , and digest them well enough , and therefore did not stick to prohibite the courts of common law , under colour of a strange maxime . that it is neither just nor honest for a man to be sued at the common law , for a matter depending before the king and his councell : no , though the court of common law had the precedency ; and therefore although the right of tithes being depending at the common law , the arch-bishop in opposition to the jurisdiction , sueth before the kings councell , and the proceedings at the law are thereby stayed ; and no wonder , for the councell table challenged to hold the ballance of all courts of law within their owne order : and so if any doubt concerning the jurisdiction depended , the councell table gave the word , and all stooped thereto : but enough of the subject matter , the manner followes ; a new form of processe is taken up , that the common law and ancient custome never knew , and which grew so noisome to the people , that complaints are made thereof as of common greivance , and remedies are thereto applyed by the lawes of these times . for whereas by the grand charter nothing could be done in judgement , but according to the lawes of the land , and in affirmance thereof a law was made in these times , that no accusation , nor attachment , nor forejudging of life , or member , nor seisure of lands , tenements , goods , or chattels , should be against the form of the grand charter , and law of the land : the course of affaires grew so stale , that amongst other innovations , a trick of a new kind of triall is brought forth , by suggestions upon articles exhibited against any man before the councell table ; and thereupon issued forth attachments against the party complained of , by meanes whereof , and other courses ( for they could also sequester ) much vexation arose unto the people . hereunto upon complaints multiplied , a remediall law is made ; whereby it is enacted , that all such suggests made , shall be carried to the chancellor , treasurer , and the kings grand councell ; and the informer shall finde surety to prosecute with effect , and to incurre the like penalty intended for the defendant , if the plaintiffes proofes be not compleat ; and then the processe of law shall issue forth , and the defendant shall not be taken against the form of the great charter ; that is , he shall not be taken , untill first the fault appear upon record , by presentment , or by due processe , or by originall writ , according to the ancient law of the kingdome : either therefore the privy councell had no power to hold any pleas at all , or else no power of triall : the first of these was concluded in open parliament , and the second , as good as so : for if the first , then the second will come on undeniably . but suppose all this be given up , yet was this liberty to hold pleas so qualified , that the person could not be touched , till the thing did appear by inquisition , and then in a legal way : such proceedings was had upon suggestion made against the city of london , in henry the thirds time , for one of the judges was first sent into the city to finde the suggestion by a jury , and then the lord maior appeared before the lords , and traversed the matter , and in a manner appealed , or rather demanded to be tryed , according to the custome of the city . and the like course doe we finde observed in our law reports of these times , in a case concerning the price of wooll , by a false report . the foote of the whole account will be this , that the work of judicature of the privy councell in these times in cases of crimes , was to receive articles , and award inquisitions , and after return in nature of a grand inquest , to recover , traverse , and to order triall at the common law ; and upon verdict returned , to fine and ransome . in other cases either of right or equity in matters of private property , they were determined , either by judges of the bench , or chancery , although possibly the suite was coram concilio , for that all the said judges were of the kings councell : and yet , as i dare not affirme , so i cannot deny , but it might also be possible that some matters , especially these of a greater consequence , either in their own nature , or in regard of the persons whom they concerned , were determined by the major vote of the whole councell , in a prudentiall or rather arbitrary way : but this was , invita minerva , and used so rarely , as the path is growne out of view , saving some few footsteps here and there remaining , which shew that the grand councell of lords had been there . chap. iv. of the chancerie . it is the birth of the kings power in judicature , and may deserve the name of the first born . for though it had no better title in these later times , then officium ; because amongst other of the kings escripts , it formed writs remediall for such as had received wrong ; yet even by that work , it was in repute for so much skill in the law of the land ; that by the consent of all , it was as well able to advise a remedy , as to advise the complainants where to have it : and yet it had one adventage further , that it was an office of remembrance to the king , who is a person of great trust in the law , and gave such credit to all acts done before him , as being entred into the remembrance , became of the highest nature of record , against which no plea did lie . amongst these , matters of debt and contract coming into the account , this office taking notice of the record , tooke cognisance of the thing , and for the executing thereof : and thus in these , and such like cases , granted judiciall writs , and so found out a way of judicature , to as many causes as the state would trust it with : and because it pretended cognisance onely of matters of record before them , they found out a way of examining of witnesses by commission , and returning their depositions in writing , which being become a record before them ; they gave their sentence upon the whole matter , without the ancient ordinary tryall , per pares : it becomes a kinde of peculiar , exempting it selfe from the ordinary course in manner of triall , and from the ordinary rules of law , in giving of sentence , and as a back doore for the kings arbitry , in case of judicature in matters of common pleas , as the councell table was in crowne pleas , they both are looked upon with a very pleasing eye of majesty , which loves not to be straite laced ; yet all is imbattelled under the colours of equity , honor , conveniency , and conscience , like a monopoly that is bred under the wings of the publique , but feeds it selfe upon it . that this had attained the title of a court so anciently , as in k. stevens time ( as the honorable reporter noteth ) i much question , by the title that fleta gives it in later times , nor under his favour , will that testimony cited out of the history of ely warrant it , but upon a mistaken ground of misplacing the note of distinction : for i take the words to be thus translated , king etheldred determined and granted , that the church of ely should for ever in the kings court hold the dignitie of the chancery , and not hold the dignitie of the kings court of chancery : neverthelesse , its clear that these times brought it to that condition that it might well carry that name , if formerly it had not ; for it grew very fast both in honour and power , and this not by usurpation , ( though it did exceed ) but by expresse donation from the parliament . yet is this power much darkned in the limits and extent thereof , chiefly in regard that the chancellor is betrusted with many things , whereof there is no evidence for the chancery to claim any cognisance . for he was in these times a person of many interests and relations , being one of the quorum , in the star-chamber , of the kings councell , chief in the chancery , most commonly a clergy man , and therewith legate è latere , and in these severall relations might act directly , and yet in severall courts . and therefore , though he had power with others , to punish neglects of execution of the statutes of wines , by act of parliament , and also of the statute concerning victuall , and to determine matters of controversie between parties in cases depending before the parliament , and in some matters that concern the kings revenue ; yet cannot these be said to be the proper worke belonging to the cognisance of the chancery , but to the chancellor by speciall commission in another relation : allbeit i cannot deny but the court it selfe had cognisance in matters of as strange a nature , viz. to punish disturbances of merchants in their trade , to see to the executing of the statutes of purveiors , and to remedy greivances contrary to other statutes ( which generall words let in a wilde liberty to that court to intermeddle in lawes which were never intended for their touch ) to punish nusances according to discretion , to give remedy to merchants upon the statute of staple ; so that its clear enough the parliament intended it should be a court , and gave their seale to their power of judicature . nor as it seemeth , was this any regret to the courts of common law , but as a thing taken for granted . for the reports tell us , that if the king grants tythes , arising from without the bounds of any parish , the patentee shall sue in the chancery by scire facias , and shall there proceed to issue or demurrer , and then to the common law ; where upon triall , if the defendant make default , the plaintiffe shall have judgement , and execution . and if the heire be in ward to the king , the mother shall sue and recover her dower in the chancery . and they tell us that it had power to prohibite spirituall courts , and courts of common law , yea , to over-rule or reverse judgements : and yet the common law held its ground when it was concerned : for neither were all suites there by bill , as in cases of equity , nor determined according to such rules , nor did the power of judicature rest in the breast of one chancellor , but in him joyntly with other councell of the king , which were also learned judges of the law. for the report informeth that edward the second , had granted a rent in taile to the earle of kent , who dying , his sonne under age , and ward to the king , edward the third , seised , amongst other lands , the rent , and granted it to sir john molins : upon petition , the king refers the matter to the arch bishop , and others of the councell , calling to them the chancellor : a scire facias goes forth to sir john molins ; he upon appearance , pleaded to the jurisdiction , as a case belonging to the common law ; but it would not be allowed , because it was to repeale the kings charter . and whereas it was objected that the reference was to the arch bishop , and others , and therefore the cause ought not to be determined in the chancery ; it was resolved that it did properly belong to the chancery , by the law : and in the argument of the case , it appeares clearely that the kings councell there , were learned in the law. and the same is yet more evident by the title of bills in those dayes exhibited in the chancery , which was directed to the chancellor , and the kings councell , and the rule given , per tout les justices ; which i rather note for the shortnesse of the forme of bills in those dayes , farre different from these times , wherein the substance of the complaint , however small in it selfe , is oftentimes blowne out into so great a bubble , that it breakes to nothing : and the statutes formerly mentioned do assert the same thing , as touching the kings councell . for though they speake of the councell or chancery in the english tongue , yet in the originall the words are , conceill en chancery . having thus touched upon the matters under the judicatory of the chancery , and judges in the same : in the next place , the manner of proceedings comes to consideration . for it seems they had been formerly very irregular , and that contrary to the grand charter , upon a bare suggestion in the chancery , the party complained of was imprisoned , and no proceedings made thereupon : for remedy whereof , it was ordained , that upon suggestions so made , the complainant was to finde sureties to pursue the suggestions , and that the processe of law should issue forth against the party without imprisoning him , and that if the suggestions were not proved true , the complainant should incur the like penalty , that the defendant should have done , in case be had beene found guilty : but afterwards this later clause was altered by another statute , because it was full of uncertainty ; and it was ordained , that in such case the complainant shall be imprisoned , untill he shall satisfie the defendant of his damages : and furthermore , shall make fine and ransome to the king. but because that the defendant many times held his advantage , even to extremity ; this course lasted not long , but a new law was made , which put the power of awarding damages in such cases into the chancellor , to doe according to his discretion : and thus the chancery obtained power to award damages , which they never had formerly , and the chancellor , a precedency both in the chancery , and of the councell in the court of starre-chamber , and in many cases in the exchequer : by the first he had a power in matters of meum and tuum ; by the last in matters , mei and regis ; and by the other in matters mei and regni . a considerable man certainly he was in the motions of government ; but how much more if he be made arch bishop of canterbury , cardinall , and legate è latere ; or arch bishop , lord treasurer , and legate è latere ; as these dayes had divers times seen . extraordinary advancements bestowed upon the nobility , brings honour to the throne , but if they be not men of noted worth , and uprightnesse , they make the scepter stoope , by stirring up of envy in the nobility , and indignation from the people . for seldome is it seene , that advancements are fed from the crowne , though they be bred from thence ; but either maintained by new supplies from the peoples purses , or the ruine or decay of some offices more ancient then themselves , or both : and such was the condition of the chancellor , he sucked fat from beneath , and blood and spirits from the grand chiefe justiciar of england , and so reduced that honourable potentate , unto the degree of chiefe justice of the kings bench , leaving scarcely unto him the name or title of lord. one thing more remaineth touching the election , or nomination of this great man. at the first , he was no better then a register , or the kings remembrancer , or secretary , having also the honour to advise the king in such matters as came within the circuite of the writings in his custody ; and questionlesse , eo usque , its sutable to all the reason in the world , that he should be of the kings sole nomination and election : but when it befalls , that in stead of advising the king , his word is taken to be the rule , and a judicatory power put upon that ; and unto this is superadded that honourable trust of keeping and governing the great seale of the kingdome , with the continuall growing power occasionally conferred upon him by the parliament : he is now become no more the kings remembrancer , but the lord chancellor of england , and supreame officer of state. and it seemes but reasonable that he should hold his place by publique election , as well as the grand justiciar , ( whose plumes he borrowed , ) and other grand officers of state did before him . for he that will have his servant to worke for another , must give the other that honour of electing him thereto ; nor was this laid aside or forgotten by these times , but a claim was put in for the election or allowance of this principall officer amongst others , the parliament obtaining a judgement in the case by the kings confession , and so the thing is left to the judgement of future ages , viz. whether a king that can do no man wrong , can dissemble the royall assent in parliament , or declare himselfe legally in that manner by proclamation ? chap. v. of admiralls court. this is a third court that maintained the kings judicatory power , in a different way from that which is commonly called the common law , and by many is therefore supposed , to advance the kings prerogative , but upon mistaken grounds : it is very true , that the way is different from the common rode , both in its originall , and in the course of proceedings ; nor could it other be , considering the condition of the nations , and the people of the same , interested in common traffique . the people thus interested , as much differed from the other sort of dry men ( if they may be so called ) as sea from land , and are in nature but as march men of severall nations , that must consenter in some third way for the maintenance of commerce for peace sake , and to the end that no nation may be under any other law then its owne . the condition of the nations in the times when civillized government began to settle amongst them , was to be under the roman emperours , who having setled one law in the generall grounds throughout all nations , made the sea likewise to serve under one rule which should float up and downe with it , that men might know upon what tearmes they held their owne , wheresoever they went ; and upon what tearmes to part with it for their best advantage : in its originall therefore this law may be called imperial , and likewise in the process , because it was directed in one way of triall , and by one law , which had its first birth from the imperiall power : and probably it had not been for the common benefit of europe to have been otherwise , at other time , or by other directories formed . neverthelesse this became no gemm of prerogative to the english crowne , for if england did comply with forraine natives for its owne benefit , it being an iland full of the sea , and in the common rode from the most parts of europe that border upon the sea , and of delight in merchandise , it is but sutable to it selfe ; and it did so comply , as it saved the maine stake by voluntary entertaining those laws without being imposed upon by imperiall power : for the saxons came into this kingdome a free people and so ( for ought yet appeareth to me ) continueth to this day : i say that in those first times , they did take into the consideration of parliament the regulating of the fluctuating motions of sea-laws ; nor were they then , or after , properly imposed by the kings edict . for though it were granted , that richard the first reduced the sea-laws in the isle of oleron ; yet that the same should be done without advise of parliament in his returne from the holy land , is to me a riddle , considering what histories doe hold forth concerning of his returne through germany , nor can that be good evidence to intitle kings of england to a power to make and alter laws according to their private pleasure and interest . nor doth that record mentioned in the institutes , warrant any such matter , but rather on the contrary groundeth the complaint upon laws , statutes franchises , and customes , estabilished , and that this estabilishment was by the king and the councell . this law was of a double nature according to the law of the land , one part concerning the pleas of the crowne , and the other between party and party ; for properly the kings authority in the admiralty is but an authority of judicature , according to laws established , which both for processe and sentence are different from the common law , as much as the two elements do differ , yet not different in the power that made them : i shall leave the particulars to be inquired into , by them that shal minde it elsewhere , and only touch so much as shall reflect upon the maine government . this power was executed by deputies diversly , according as the times and opportunities were , for warr or peace , and either transitu or partu . what was done in time of warr , or whiles this shipp is out of the english seas , comes not to our purpose , and therefore i shall not meddle with that , further then this , that in the first times kings were wont to divide the worke of judicature , and of warr into severall hands . the power of warr and peace they committed unto men of approved courage and skill in that service , and therefore generally , not to the men of highest ranke , who had neither minde nor skil for a worke of such labour , dyet , and danger : this power passed under divers names , sometimes by grant of the custody of the sea coasts , somtimes of the parts and sea coasts , somtimes by being made captain of the sea men , and marriners , and somtimes admiral of the ships . it was a great power , and had bin much greater but that it suffered a double diminution ; the one in the time , for three or four years commonly made an end of the command of one man , and at the best it was , quam diu regi placuerit ; the other diminution was in circuit of the power , for all the maritine coasts were not ordinarily under the power of one man , but of many ; each having his proper precinct upon the south , or north , east , or western shotes : and under the title of admirall in the times of ed. the first and forwards , who brought that title from the holy land ; neverthelesse about the end of the times , whereof we now treat ; the custody of the whol sea began to settle in one hand , under the title of admirall of the english seas , and the place was conferred upon men of the greatest ranke , and so continued ever afterward . the power of jurisdicton , or judicature all this while remained distinct , and it seemes was settled in part in the power of the sheriffe and justices . for by the law the sheriff and justices had cognisance of matters betweene the high water and the low water marke , and what was done , super altum mare , was within the directory of the admirall , these were but few things , and of small considerablenesse : the principall of them being concerning warr or peace , and those only within the english seas . but after edward the third had beaten both the french and spaniards at sea , the people grew much more towards the sea , and became so famous , that the greatest lords thought the regiment of sea affaires worthy of the best of their ranke , and were willing with the title of admirall , whiles they left the worke to others ; and so the admirall became a person of more honour and lesse worke then he had been formerly . the greatnesse of the honour of this place thus growing , soone also began to contract greatnesse of power beyond what it had formerly ; and this was principally in matter of jurisdiction . for not contented with the power of a cheife justice of warr and peace within the seas , which was his proper dominion : the lord admirall gained the same within the low water marke , and in the maine streames below the next bridge to the sea , and in all places where ridells were set ; and yet these places were within the body of the county . nor did he indeavour lesse to gaine in matters of distributive justice , for although he had a legal jurisdiction in things done upon the open sea , so farr as to defend , order , determine , and cause restitution to be made , in cases of damage done unjustly ; yet was it no lesse difficult to keep this power within its own bounds , then the watry element upon which it floated ; but it made continual waves upon the franchise of the land ; and for this cause , no sooner had these great men savored of the honour and authority of that dignity , but comes a statute to restrain their authority in the cognisance of cases onely , unto such matters as are done upon the main sea , as formerly was wont to be : and within two yeares after , that act of parliament is backed by another act to the same purpose , in more full expressions , saving that for man-slaughter , the admiralls power extended even to the high water marke , and into the main streams . and this leadeth on the next consideration , viz. what is the subject matter of this jurisdiction , and authority : i shall not enter into the depth of particulars , but shall reduce all to the two heads of peace and justice . the lord admirall is , as i formerly said , a justice of peace at sea , maintaining the peace by power , and restoring the peace by setting an order unto matters of difference , as well between forrainers , as between the english and forrainers ; as may appeare by that plea in the fourth institutes formerly mentioned . secondly , that point of justice principally concerneth matters of contract , and complaints for breach of contract ; of these the admirall is the judge , to determine according to law and custome . now as subservient unto both these , he hath authority of command over sea men , and ships that belong to the state , and over all sea men and ships in order to the service of the state , to arrest and order them for the great voyages of the king , and the realme , and during the said voyage ; but this he cannot doe without expresse order , because the determining of a voyage royall , is not wholly in his power . lastly , the lord admirall hath power , not onely over the sea men serving in the ships of state , but over all other sea men , to arrest them for the service of the state ; and if any of them run away without leave from the admirall , or power deputed from him , he hath power by inquiry to make a record thereof , and certifie the same to the sheriffs , maiors , bayliffs , &c. who shall cause them to be apprehended and imprisoned . by all which and divers other lawes , not onely the power of the admirall is declared , but the originall from whence it is derived , namely from the legislative power of the parliament , and not from the single person of the king , or any other councell whatsoever . but enough hath been already said of these courts of state , in their particular precincts one generall interest befalls them all , that as : they are led by a law much different from the courts of common law , so are they thereby the more indeared to kings , as being subservient to their prerogative , no lesse then the common law is to the peoples liberty : in which condidition being looked upon as corrivalls , this principall maxime of government will thence arise , that the bounds of these severall lawes are so to be regarded , that not the least gap of intrenchment be laid open each to other , least the fence once broken , prerogative or liberty should become boundlesse , and bring in confusion in stead of law. cahp. vi. of the churchmens interest . but the churchmens interest was yet more tarte , standing in need of no lesse a lay , then that of the kings authority ; for that the king is no lesse concerned therein , then the people ; and the rather , because it was now growne to that pitch , that it is become the darling of kings ; and continually henceforth courted by them ; either to gaine them from the papall jurisdiction , to be more ingaged to the crowne , or by their means to gaine the papall jurisdiction , to be more favourable and complying with the prerogative royall . the former times were tumultuous , and the pope is gained to joyne with the crowne to keep the people under , though by that means , what the crowne saved to it selfe from the people , it lost to rome : henceforth the course of affairs grew more civill , or ( if you will ) graced with a blush of religion : and it was the pollicy of these times , whereof we now treat , to carry a benigne aspect to the pope , so farre onely as to stave him off from being an enemy , whiles kings drove on a new designe to ingratiate and ingage the churchmen of their owne nation unto its owne crowne . this they did by distinguishing the office , or dignity of episcopacy , into the ministeriall , and honourable parts ; the later they called prelacy , and was superadded for incouragement of the former , and to make their work more acceptable to men for their hospitalities sake ; for the maintenance whereof , they had large endowments , and advancements : and then they reduced them to a right understanding of their originall , which they say , is neither jus divinum , nor romanum , but that their lordships , power , and great possessions , were given them by the kings , and others of this realm . and that by vertue thereof , the patronage and custody of the possessions in the vacancy ought to belong to the kings , and other the founders ; and that unto them the right of election into such advancements doe belong , and not unto the pope , nor could he gain other title unto such power , but by usurpation , and incroachment upon the right of others . but these great men were not to be wonne by syllogismes ; ordinarily they are begotten between ambition and covetousnesse , nourished by riches , and honour ; and like the needle in the compass , turn ever after that way . edward the third , therefore labours to winne these men , heaped honour and priviledges upon them , that they might see the gleanings of the crowne of england , to be better then the vintage of the triple crown . doubtlesse , he was a prince that knew how to set a full value upon churchmen , especially such as were devout ; and it may be , did somewhat outreach in that course : for though he saw god in outward events , more then any of his predecessors ; and disclaiming all humane merits , reflected much upon gods mercy , even in smaller blessings : yet we finde his letters reflect very much upon the prayers of his clergy , and loved to have their persons nigh unto him , put them into places of greatest trust , for honour , and power , in judicature ; that not altogether without cause , he had thereby purchased unto his kingdome , the name and repute of being a kingdome of preists . but all this is but personall , and may give some liking to the present incumbents , but not to the expectants ; and therefore the royall favor extended so far in these times , as to bring on the parliament to give countenance to the courts and judiciary power of the ordinaries , by the positive law of the kingdome , although formerly the canons had already long since made way thereto by practice : i shall hereof note these few particulars ensuing . ordinaries shall not be questioned in the kings court for commatation , testamentory matters , or matrimoniall causes , nor other things touching jurisdiction of holy church . things formerly bred by the canon , nourished by continuall practise , allowed by ordinance of parliament , or grant from kings in parliament , are now confirmed by solemne concurrence of the whole representative body of the kingdome , to have and to hold with warranty . and yet the sense is not so generall as the words , nor doth it seeme much other , then a confection made for the arch bishops appetite , to cure a distemper between him and the king : for the civill judge lost nothing hereby , nor would the crowne , as may appear by a law of equall authority with the former : for though an executor or administrator may cheat , yet it tells us that ordinaries onely can oppresse and extort from dead men ; and therefore in such cases doth provide remedy by inquiry , and indictment before the kings justices . they shall have cognisance of vsury , during the delinquents life , and the king after the delinquents death . the difference ariseth from the different end ; the first being to reforme the person by church-censures , and to urge him to restitution ; the latter is for the kings fine or forfeiture : for as touching the usurers estate , the offence was in the nature of felony , forfeiting both lands and goods to the king , after the delinquents death : and it seemeth the manner was to indict the delinquent during his life , and that stuck to him as a deadly arrow in his side , till he died . nor did it lye in the power of the ordinary , by ecclesiasticall censure , so to reforme the offender , as to cleare him to the king , unlesse the party offending , made his peace with the king by composition : and thus the law continued , for ought appeareth to mee , till the time of henry the eighth . they shall have cognisance of avoydance of benefices of right : they shall certifie bigamy ; and bastardy had beyond the sea ; and whether a prior be perpetuall , or dative . the first of these concerning avoydance of churches , it seemeth was somewhat doubtfull in point of practice , for that the civill judge used to determine all manner of avoydances , as well in fact , as of right ; but by this statute they are restrained onely unto avoydances in fact , so as after this statute it is holden , that avoydances by death shall be tried by the countrey ; but if the avoydance be by deprivation , resignation , creation , or otherwayes , it shall be tried by the ordinary : because by common intendment he is more connusant of the thing , then countrey people . but as touching the point of bigamy , the matter is more doubtfull , in regard that commonly the marriage of a second wife , or widow , is a matter in fact , done in the face of the people ; and of which they take notice , especially where the life of man is concerned , which rather requireth the judgement of his peires , then where the outward maintenance onely is ingaged . neverthelesse because the main point is , whether the party be a clerk or not , and the same anciently rested upon the certificate of the ordinary : it s by this law again allowed to him to try and certifie this point of bigamy also , although the statute of bigamists , might seeme to intitle the civill magistrate thereto , as the law was holden to be before this statute was made . in the next place , although it cannot be denied , but the triall of bastardy beyond the sea , might as well lye in the cognisance of the lay magistrate , as in that of the ecclesiasticall ; yet seeing the clergy had already attained the cognisance of the thing , the place proved but a matter of circumstance , especially they having the advantage of the civill magistrate in this , that in regard the ecclesiasticall persons beyond the sea , had also obtained the cognisance of that matter amongst themselves , their testimony or certificate would come with more credit to the clergy in this kingdome , then to the civill magistrate ; whose cognisance in such cases they did disallow . lastly , concerning priories , whereas some were presentative , and filled by induction from the ordinary ; and others were donative , having their priors meerly at the will of the abbot , to be placed and displaced as he thought most expedient : if then the point in issue depends upon this knot , this law referreth the triall unto the ordinary , who by common presumption best knowes whether any institution and induction had passed his registry , and seale , or not . and thus , though a kinde of judiciall power seemeth to be carried along herewith , yet is all in a ministeriall and subservient way , unto the civill magistrate ; and neverthelesse with such credit and authority , that the main hinge of the judicatory , in such cases , depends upon the dash of their penne. no bishop , nor archbishop , shall be impeached before the civill magistrate , without the kings expresse warrant . the former particulars , concerned matter of authority ; this and others insuing , concern matter of immunity , which , or most of which were formerly for a long time within the fancy of the canon , but never came to the height of parlimentary approbation or authority till now , that it comes in as a peace-offering to pacifie the quarrell between the arch-bishop stratford , and the king : for he being ingaged in the french warres , so resolved to continue ; and therefore to maintain distempers at home , he held neither honourable , nor safe . their temporalties shall not be wasted , during the vacancy : nor shall they be seised , but by judgement of the court. the first of these was an ancient law , grounded upon great reason ; although dulled by time , and by covetousnesse of the needy patrons , next to laid aside , if not quite put out of countenance : so as a new law must be made to revive it , and to abolish that corrupt custome , or practice of depredating those possessions given to a holy use in common supposall , contrary to the trust by them undertaken , and the use still continuing . but the second branch is in nature of a law of restraint , set upon the common law : for the persons of these spiritualized men , were of so aiery constitution , as they could not be holden by hands made out of the clay , such as the rude laity were ; and therefore the civill magistrate , upon all occasions used to lay hold upon that , whereof there was some feeling , which were called temporalties , and thereby drew them to appearance at the lay courts ; for however spirituall the clergy were , they would not easily part with their lay fees. but now by this law , the times are so ▪ attenuated , that the very temporalties are made so spirituall , as not to be medled with by the lay magistrate , unlesse upon judgement first obtained against them . and sutably thereunto within twelve yeares following , another law was made more punctuall , that their temporalties should not be seised upon for contempts , but that their persons should be seised ; yet within twenty yeares after that , this law begins to be out of countenance , and the opinions of the judges began to grow bold upon the ancient rule , that their temporalties were temporall , though their persons were spirituall ; and that it was more dangerous to imprison the person of a clergy man , then to attache his possessions : and therefore they held , that if the ordinary remove not the incumbent when the kings writ commands him so to doe , his temporalties should be seised . and if the ordinary should certifie one to be a clerke which is none , the like course is to be taken . they shall depute the next and most lawfull freinds , of the intestate to administer his goods . the statute at westminster the second , having given formerly a kinde of allowance ▪ that the ordinary should be administrator to the intestate , so far as to answer the intestates debts , lent him thereby an opportunity to possesse himself of the whole , to all intents and purposes ; which being observed by the parliament , by this law they made way for administration , to fall through the hands of the ordinary , into the lap of administrators , made by the authority of the parliament ; but of the ordinaries nomination , according to the authority hereby to him given . these administrators thus made , had a greater power then ever the ordinary had , or could give . for though the ordinary by the statute at westminster , was bound to pay the debts of the testator , yet could he never bring action as the administrator to all intents by this law is inabled to doe : and though it be true , that the administrator is by this law ordered to account to the ordinary , yet doth not that intitle the ordinary to any interest in the personall estate ; but onely gives him a bare authority to take the account , without any compulsory power by ecclesiasticall censures , to inforce him thereto . secondly , it is such an account , as is no evidence in any court of record : and lastly , if upon the foot of the account , any arreare remained , or surplusage of estate ; the ordinary could neither recover , nor order the same ; because by the law anciently , the next freinds had the sole interest therein : and being by this statute made administrators , the whole power of ordering the estate is vested in them . to conclude , this statute was made in favour , and for the ease of the ordinaries , if they would please so to take it , for they could get no benefit by executing the administration in their owne persons , if they intended to administer according to the law. the persons of the clergy are priviledged from arrests , during the holy actions of their officiating . this was plotted since anselmes time , he and his successors , indeavoured by constitution , and canon , continually to minde the civill magistrate thereof , but could never nurse it up to the degree of a law , till now ; they gained the advantages of the times , growing into a more tender apprehension of devotion , then formerly , the penalty of transgressing this law is left in generall , and therefore did the lesse scare , but within three yeares after , it was confirmed with a certain penalty of fine , and imprisonment , as to the kings suite , and dammages to the party offended : and the priviledge was inlarged , for , and during their continuance in the consecrated ground , in order to such services , and not upon fraud , or collusion to avoyde arrests : but by neither of these lawes was the arrest , ( although contrary to them ) made voyde , as touching the process . the goods of the clergy , are discharged from purveyance , and their houses from quarter . the later of these was an incroachment upon the greater clergy men : for under the title of hospitality , which the prelates were obliged to by their great possessions , and revenues , conferred upon them to that end , kings used to quarter messengers , to and from scotland ; the kings horses , dogs , and haukes , &c. but the point of purveyance , was an ancient prerogative belonging to kings , and by no custome were the goods of any man discharged therefrom , till it was by act of grace first confirmed by edward the first , and afterwards by grant of edward the second , yet by reason of the rudenesse of the times , did not those acts prevaile to that settlement that was promised ; till now edward the third renued the law : nevertheless could not this law of edward the third perfect that worke , because it was but a bare command till richard the second made a remediall law , giving thereby the clergie that were wronged a right of action of trespass against the purveyors , and to recover treble damages , whereas formerly they were liable only to a fine to the king , which many times was as soone pardoned as asked . these condiscentions might have wedded the english clergy to the english crowne , but that it was coy and expected further gratuities : besides they beheld their old stepdame rome , now in its full splendor and power , and deeply interested in the sway of affaires in this kingdome , and above all the rest , the nigh affinity between the prelate and the pope was such , that they sucked one milke , breathed one aire , and like the philosophers twinns , lived in each other : the later of these was not discerned by those dim sighted times , and therefore they could do nothing towards the dissolution of that knot , but left it to future times , who found no other way then to cut it asunder : but edward the third and his successor espied the first , felt the inconvenience thereof , and applyed themselves to such remedy as they found most ready at hand . all things that are subject to time are also subject to change , which comes comonly slower upon governments that are less eclesiastical , for churches continue longer in a growing condition then in their compleat estate , like a christian that seldom endures long after his full ripenesse . thus england ; it s hitherto above a thousand yeares since the gospel came to the saxons , and well nigh a thousand yeares since the pope set his foot amongst us ; ever approaching nigher the throne , and ascending thereunto ; but finding it full of a king that would not remove , he sits downe in his lapp ; a heavy burden questionlesse he was , considering his claime of jurisdiction , his provisions , pensions , exemptions , impositions , and such like oppressions ; and therefore it s no wonder if the king feeling the incumbrance , gives a lift at the popes power , by stoping the currant of mony from england rome-wards : to this end the statute made at carlile is revived , wherby the clergy are inhibited from conveying treasure beyond the seas ; but the pope knew how to ride , and will not so easily forego his saddle . the roman eagle had made many a faire flight in england , and had not yet fully gorged himselfe ; he grants ten thousand marks yearly out of taxes layd upon the church livings in england , unto two cardinals , neither of which did , nor , by the canon , could live in england ; the treasurership of yorke also to another cardinall , after that the king had conferred the same else where . he proceeds also further to invade the undoubted rights of the crown , by making an election of the b. of norwich , and causing him to be invested , rege renitente : the king spent eight yeares in the recovery of his right , and was deluded in the conclusion ; he now sees it bootelesse to stand alwayes upon his defence , and receive affronts ; he resolves therefore to enter the lists ; and maketh seisure of the deanery of york , which formerly by usurpation , the pope had conferred upon a cardinall ; and of all church livings given by the pope to aliens : then a law is made more sharp then those in the eighteenth yeare , wherein provisors of abbies and priories are made lyable to a praemuniri , and provisors of other ecclesiasticall livings and dignities , whereby the presentation of the rightfull patron is disturbed , to be fined and imprisoned untill the fine and damages to the party wronged be paide . and all such as draw men to plead out of england , in cases that belong to the cognisance of the kings court , and all obtainers of provisions in the court at rome , these were also subject to a praemuniri . for whiles these things were thus in action , the pope bestirred himselfe notably with citations , excommunications , interdictions , and such other birds of prey , not only against meane men , but judges , bishops , and the kings councell ; as amongst others , the case of the bishop of ely , at the solicitation of some of inferior regard , as i remember , a clerke or some such thing : yet as these bull-drivers or summoners to the romish court , were no late upstarts , so were not these times the first that tooke them to task : for before the statuts of praemuniri , we find provision was made against provisors , and that some statute did precede those in print , which punished a disturber of the kings incumbent , by a bull from rome , with perpetuall imprisonment , or at the kings will ; besides the party wronged was allowed an action for his damages , qui tam pro domino rege quam pro seipso sequitur ; and before that time also , bringers of bulls from rome were imprisoned , although in all these cases aforesaide ▪ the liberty of the persons , both of lords and praelats , was saved : and thus all the while king edward the third kept the field , he gave the pope cuffe for cuffe , but retiring himselfe to take his ease , he waxing wanton , waxed weake , and more slowly pursued the vindication of his owne right , and his subjectes liberty . the lawes are layde aside , and rome had further day given to plead , and in the mean time execution is staid : the double minde is double died , and advantage is soon espied , above sixty church livings more are suddainely catched and given to the favorites at rome ; the parliament rings herewith , yet the king delayes the remedy , and in this edy of affaires , edward the third dies , and richard the second takes up the place , who had witt enough to observe what concerned his owne interest , and courage enough to pursue it . but neither witt nor courage to over-rule his lusts , which in the conclusion over-ruled all rule , and brought himselfe to destruction . he found the people at his entrance into the throne irritated with the popes opressions , and vexed at his grandfathers desidiousnes . his spirit is also stirred within him , and himselfe thereby pressed to tread in his grandfathers former wayes , and to outrunne him in his later : he made the penalty of praemuniri to extend to all farmores , or others , in nature of bailiffs , that held any church maintenance to the use of any alien , and unto all aliens that are purchasors of such provisions to any use : and unto all lieges , that shall in like manner purchase such provisions : but as touching such as shall accept such provisions , he ordained banishment for their persons , and forfeiture of their estate : notwithstanding all this , the romane horse-leach would not so give over . the king grew into displeasure with his subjects , and they with him , and with one another ; they see the pope still on horseback , and fear that the english clergy , their own countrey men , if not friends , and abbettors , yet are but faint , and feigned enemies to the popes cause . nor was it without cause that their fear was such , for as the pope had two hands to receive , so they had two hearts , making show of forming blowes at the pope , but then alwayes at a distance , or when without the popes guard ; and thus the lawes begin to stammer and cannot speake so plain english as they were wont . the people hereat offended , resolve to put the clergy into the van , and to try their mettle to the full . at the last parliament that richard the second did hold , both the lords temporall , and spirituall , are opposed one by one . the lords temporall ( like themselves ) resolve and enter their resolutions , to defend the right of the crowne in the cases of provisors ; although even amongst these great men all were not equally resolute ; for sir william brian had purchased the popes excommunication against some that had committed burglary , and he was committed to the tower for his labour : but the prelates answer was ambiguous , and with modifications , which was all one to cry ( as men use to say ) craven : yet was the statute made peremptory , according to what was formerly enacted . and though the prelates cautionary way of proceeding , might be a principall reason why the popes power held so long in england , in an usurping way : yet kings also much conduced thereto , by seeking too much their personall ease above the honour of their place , and the popes blessings , and opinion of his favour , more then their owne good , or the peoples liberty : for there was no other balme for a distracted minde , then that which dropped from the popes lips . in like manner richard the second , being already , at least in purpose , estranged from his people , sought to get freinds at rome , to hold by the spirituall sword , what he was in danger to loose , by laying aside the sword of justice , which is the surest tenure for kings to hold by : and though the popedome was now under a schisme , between two popes , clement and vrban ; yet he was so farre won for vrban , that he not onely ingaged himselfe , and the parliament , to determine his election , and uphold the same ; but also , ex abundante , did by implication allow to him an indefinite power , to grant provisions , and so at once he lost the die , and gained a stake , that like a bubble looked faire , but soon vanished away . neverthelesse , these two comrades , whiles they were together , resolved to make the most of each other that they could ; and therefore though the popedome liked not the king , yet the pope had his love so farre , as he could deny himselfe ; for he had already denied his kingdome : and ( if the articles exhibited against the king by henry the fourth , be true ) the pope had his faith also : for ( that he might be rid of his reputed enemy , arch bishop arundell ) he trusted the pope with that complement of making walden arch bishop of canterbury in arundells stead ; which the pope tooke so kindly , as he made it a president for provisors for the future . nor did the king stick in this one singular ; but made it his custome in passing of lawes , ( especially , such as the king was most devoted unto ) to put more confidence in the popes amen , then in all the prayers of his commons , with his owne soit fait , to boot . the summe then will be that the prize was now well begun , concerning the popes power in england . edward the third , made a fair blow , and drew blood ; richard the second , seconded him , but both retired ; the former left the pope to lick himself whole , the later gave him a salve , and yet it proved a gangrene in the conclusion . the second means used to bring down the power of the pope in this nation , was to abate the power or height of the english clergy : for though the times were not so cleare as to espy the root of a pope in prelacy , yet experience had taught them , that they were so nigh ingaged , that they would not part . and therefore , first , they let these men know , that prelacy was no essentiall member to the government of the kingdome ; but as there was a government established before that ranke was known , so there may be the like when it is gone . for edward the third , being troubled with a quarrell between the two arch bishops of canterbury , and yorke , concerning superiority , in bearing the crosse ; and the important affaires of scotland , so urging . summoned a parliament at yorke , which was fain to be delaied and adjourned for want of appearance , and more effectuall summons issued forth ; but at the day of adjournment , none of the clergy of the province of canterbury would be there ; and upon this occasion the parliament was not onely interrupted in their proceedings , but an ill president was made , for men to be bold with the kings summons , in such cases as liked not them ; and thereupon a statute was made to inforce obedience upon citizens , and burgesses , and such ecclesiasticks as held , per baroniam . neverthelesse , when the matters concerning provisors began to come upon the stage , which was within two yeares after that law was made , the clergy found that matter too warme for them , and either did not obey the summons , or come to the parliament ; or if they came , kept aloofe ; or if not so , would not vote ; or if that , yet order their tongues , so as nothing was certainly to be gathered , but their doubtfull or rather double minde . these prelates thus discovered , the parliament depended no more upon them , further then they saw meet : at sixe or seven parliaments , determined matters without their advice ; and such as crossed the principles of these men : and therefore in a rationall way might require their sense above all the rest , had they not beene prepossessed with prejudice , and parties in the matter . nor did edward the third , ever after hold their presence at so high repute at such meetings ; and therefore summoned them , or so many of them , as he thought meet for the occasion ; sometimes more , somtimes fewer , and at a parliament , in his fourty and seventh yeare , he summoned onely foure bishops , and five abbots . and thus the matter in fact passed in these times , albeit the clergy still made their claim of vote ; and desired the same to be entered upon record . and thus the parliament of england tells all the world , that they hold themselves compleat without the clergy , and to all intents and purposes , sufficient to conclude matters concerning the church , without their concurrence . thus began the mewing time of prelacy , and the principall feather of their wings to fall away , having now flourished in england nigh eight hundred years ; and had future ages pursued the flight as it was begun , these lordings might have beaten the aire , without making any speedy way , or great work , saving the noise . a third step yet was made further , in order to the reducing of the power of the popedome in england , but which stumbled most immediatly upon the greatnes of the prelates . for it was the condition of the spirituall powers , besides their height of calling to be set in high places , so as their title was from heaven ; but their possessions , were from men , whereby they gained lordship , authority , and power , by way of appendix to their spirituall dignities : this addition however it might please them , yet it for a long time ere now had been occasion of such murmur and grudge in the commons against the clergy , as though it advanced the clergy for the present , yet it treasured up a back reconing for these men , and made them lyable to the displeasure of the laity , by seisure of their great places : when as otherwayes their ecclesiasticall dignities had been beyond their reach . and of this , these times begin now to speak louder then ever , not onely by complaints made in parliament by the people , but also by the lords and commons in parliament , to the king , that the kingdome had been now long , and too long time governed by the clergy , to the disherison of the crown ; and therefore prayed , that the principall offices of the kingdome , might henceforth be executed by the laity : and thus the stir arose between the lords temporall and spirituall , each prevayling or loosing ground , as they had occasion to lay the way open for them . the duke of lancaster being still upon the upper ground , that as little regarded the popes curse , as the clergy loved him . but the worst , or rather the best , is yet behinde ; outward power , and honourable places , are but undersetters , or props to this gourd of prelacy , that might prove no lesse prejudiciall by creeping upon the ground , then by perking upward : for so long as error abideth in the commons , truth can have little security amongst princes ; although it cannot be denyed , but it s a good signe of a clear morning , when the sun rising , glorieth upon the top of the mountains . god gives commission therefore to a worme , to smite this gourd in the roote , and so at once both prelate , and pope , doe wither by undermining . this was wickleife , that had the double honour of learning in humane and divine mysteries ; the latter of which had for many yeares passed obscurely , as it were in a twilight amongst the meaner sort , who had no indowments to hold it forth amongst the throng of learned or great men of the world. and though the newes thereof did sound much of holynesse and devotion , theames unmeet to be propounded to an age scarce civillized : yet because divers of them were more immediately reflecting upon the policy of the church , wherein all the greater sort of the churchmen were much concerned , but the pope above all the rest ; the accesse of all the matter , was made thereby more easie to the consideration of the great lords and princes in the kingdome , who out of principles of state , were more deeply ingaged against the pope , then others of their ranke formerly had been : duke john of gant led the way in this act , and had a party amongst the nobility , that had never red the canon law. these held forth wickleife and his learning to the world , and edward the third himself savoured it well enough , but in his old age desiring his ease , was contented to looke on , whiles his lords temporall and spirituall played their prize , yet giving his plaudite rather to his sonne , then his spirituall fathers , as if led by principles of nature , rather then religion : this was the blossoming part of the wickleifists , but the principall strength was from beneath , where the roots spread and fastned exceedingly , especially in the south , and eastern parts of this kingdome . to tell of the vsurpations of the clergy , the idolatry of their costly worship , the vanity of their curses , &c. was exceeding welcome newes to an oppressed multitude , especially where these things were rightly understood . the issue soon manifested it selfe to the world , no parliament passed without reflections at prelates , rome , or some such thing ; and not onely the persons and practices of these men , but even their lawes and canons , were begun to be had in contempt ; and their missives sleighted . and thus these men pretending patronage , both from right drawn from heaven , and derived from men , faile in their evidence , unlesse the people doe still beleive more then they are able to understand . no marvell if rome be now rouzed , and that sort of men that formerly were wolves in sheeps clothing , become now red and fiery dragons , taking up a new course of establishing their power by persecution . this was a way of power indeed , but it s a touchy thing to have to doe with fire , least it gets too high . it is therefore holden a point of discretion by the prelates , not to meddle with the lords or the common people ; the former were too great , the later too many : the one sort would not heare , the other would not understand : the teachers therefore being the velites , at them they give fire . wickleife their leader , comes on bravely ; and notwithstanding , they all made at him , he routes them , and in despite of them all , comes off fairely , and dies in his bed by the course of nature : then an ordinance is levelled at the rest of the teachers : this was made of an old canon , the nature whereof was to this purpose . that upon complaint of the bishop , the kings writt shall be granted , to apprehend preachers of heresies , errours , and matters of slander , tending to discord , and discention , betweene the states of this realme , with their factors , and abbettors ; and to imprison them , till they be acquitted according to the law of the church . this law ( for such it yet appears ) gives occasion to consider of these particulers , viz. the crime , the delinquents , the manner of inquisition , and the penalty . for the first , ( not to trouble my way with debate , about the right of liberty of preaching ) the matter in fact was , that men did publiquely preach without authority , matters of theology , tending ( as it s said ) to sow discord and dissention ; so as they are under consideration & censure of the church-men , and canon law , in one regard , and of the lawes of the kingdome , and civill magistrate , as disturbers of the peace , on the other side : and thus the subjects liberty is cast into a mysterious , cloudy , and doubtfull posture , by matters of opinion . secondly , the persons delinquent , are also left to an indefinite construction : for they are not onely preachers in publique , which might be an order of men , within the church cognisance as things then stood ; in regard it was permitted to the church , to authorize men to preach , but also their factors , and abbettors ; words that might comprehend any other person whatsoever , according to the passion or discretion of the church-men . thirdly , the manner of this inquisition must be according to the canon , and then the people are at the church-mens mercy , to returne complaints against whom they please , upon such grounds as they shall thinke meet . the persons that must make this inquisition by this law , are the ordinaries , or any one of them , and for ought appeares the same might be done , by pope , councell , generall , nationall , provinciall , diocessan , or their delegates , according to the canon : although the last president that i met with , was executed by a grand councell of lords , and prelates , in the time of henry the second . but now the clergy finding the laity , began to swell against the canon ; they thought it high time to get the civill sword to joyne in the worke , to be as their hands to apprehend , and goalers to hold in custody , such as they should complain of , without any other legall conviction ; although hereby , they not onely disclaimed the exercising of their owne power of imprisoning , which they by the canon formerly claimed to have in such cases ; but also acknowledged to receive their power judicatory in such cases from the parliament . thus was this ordinance levelled , as i said , but the shot fell short : for this law attained no further perfection , then a meere shape , and was complained of by the parliament , within few moneths after its first noise , that it was made and published without the commons consent , or knowledge ; and that the nature thereof was directly contrary to the liberties of the people ; and therefore they prayed that it might be repealed , and the same was done accordingly ; although the times have been such as would not suffer the same to come into the publique booke of statutes in print . but whether statute or no statute , they tell the king plainly , that they will not further be bound or justified by the prelates , then they , or their ancestours were anciently used to be ; and besides that , they thought somewhat more , which they laid up against future times ; nor was it long ere they discovered it . for a subsidy being offered to the king by the laity , under a proviso , that the clergy would grant a tenth ; the clergy tooke this articulating of the commons in snuffe , and protested that the laity should not charge them . the commons hereat begin to bid battell , to the temporalties of the clergy , and had not the king been a fast freind in good earnest unto the clergy , the laity had won the feild . thus were these times like the motion of the ballance unto the churchmen , sometimes up , sometimes down ; getting somewhat which they formerly had not , with lesse assurance in what they had . cahp. vii . concerning trade . kings hitherto had lived upon the main stocke , improving the same to the utmost penny : few of them laid up for the future , much lesse indevoured to advance the principall for their successors . there had now beene ten kings of this nation since the conquest , all of them spending what they had , or could get from the people , in the maintenance of their patrimony , or their own lusts : if any overplus was either gained by , or saved from the game , their executors might be the better for it , their heires were not : but edward the third had a new game to play , he must gaine his right by his sword , or he must loose it ; his spirit was too big to sit still and bear blows : and yet pre-advising himselfe about the poverty of the people , and that their patience would be spent soone after their supplies , if they continually saw much going out , and nothing comming in ; he had a rule upon his private expences , a good glosse upon the publique , and a platforme for the augmenting of the treasure of the kingdome , as well for the benefit of the people , as of the crowne . in order to the first , it is considerable , that the royal family was great and numerous above all his predecessors : that besides the king and queene who were of a gallant and accomplisht deportment , they had a son , a prince of as great renoune as ever prince had , and he also family sutable to his generosity : that they had other children , every on like their father , both for warr and peace ; and that for the maintenance of all these , the expences must be in reason larger then formerly they were wont to be ; neverthelesse ; because purveyance for the king had already swelled so big , that all other oppressions seemed to be swallowed up into that one , the king to moderate the rigor thereof made nigh twenty statutes , first excluding all servants at wages ; and horses and dogs which were put to board with the sheriffs : then reducing the purveyance only to the families of himselfe , his wife , and children , then to the families of himselfe , the queen , and prince : and in the levy hereof , some mens estates were absolutely priviledged , and some kind of goods , as sheep before shearing , and trees about the dwelling house . nor is the settling of the manner lesse considerable . it must be levied by authority in writing under the seale : and it must not be taken against the owners will , or upon malice ; nor must be spared for reward ; the price must be the same with the true market price ; the measure according to the common measure stricked , and the payment must be immediatly , if the price be under twenty shillings , if above , it must be made in a quarter of a year , and no man must charge more carrige then is necessary , and thus was this wild ivie of purveyance that like some kinds of plants spreads over all , by rooting up and cutting downe brought into some kind of fashion , that if did no good it might do the lesse hurt unto the people . secondly , although it be true that edward the third was a king of many taxes above all his predecessors , yet cannot this be imputed as a blot to the honour of the law , or liberty of the people ; for the king was not so unwise as either to desire it without evident cause , or to spend it in secret or upon his owne private interests , nor so weak and irresolved as not to imploy himselfe and his souldiers to the utmost to bring to passe his pretentions , nor so unhappy as to faile of the desirable issue of what he took in hand : so as though the people parted with much money , yet the kingdome gained much honour and renoune , and becomming a terror to their neighboures , injoyed what they had in fuller security and so were no loosers by the bargaine in the conclusion . secondly , although they parted with much , yet nothing to prerogative but in a parliamentary way ; and so it was not taken but given . thirdly , though the taxes were frequent , yet but light ; for frequent light taxes steal insensibly without regret , and as they grow into matters of course , so they meete with acceptance of course . two things made them of light account . first , they were not taxes altogether of money in kind , but of goods , such as the sheafe and fleece , and such like things , whereof the ownership is visible , whereas many are supposed to have money which have it not , but must borrow it or sell their goods at an under rate many times to accomplish it for the payment of their taxes . secondly , these taxes were assessed by the neighborhood , and not upon extremity of survey , by commissioners , who many times are subject to miscarry upon grounds of private interest , or for want of due information , or by making more haste then good speed . these taxes likewise were reduced to the ancient rule , according to the statute of westminster the first . and thus did this king shew himself truely royall in demanding his taxes upon evident grounds of state , levying them with a tender hand , and imploying them to their right end . thirdly , that which digested all , and bred good blood , was in that the people had quid pro quo , by the advance of trade , wherein the king shewed himselfe the cape merchant of the world. certainly , mens parts in these times were of vast reach , that could manage such warres , settle such a government , and lay such a foundation of a treasury by trade , a thing necessary to this island , next unto its owne being , as may appear , not onely in regard of the riches of this nation , but in regard of the strength thereof : and in regard of the maintenance of the crowne ; the two later of which being no other then a naturall effluence of the former , it will be sufficient to touch the same in order to the thing in hand . now as touching that , its evident that the riches of any nation are supported by the conjuncture of three regards . first , that the naturall commodities of the nation may be improved . secondly , that the poorer sort of people , be set a worke . thirdly , that the value of money be rightly ballanced . for as on the one part , though the people be never so laborious , if the naturall commodities of the island be not improved by their labour , the people can never grow much richer , then barely for subsistance during their labour : so neither can the improvement of the naturall commodity inrich the kingdome , so long as many mouthes are fed upon the main stock , and waste the same by idlenesse , and prodigality : nor though both these should concurre , yet cannot the kingdome be said truly to be rich , unlesse by intercourse and traffique , there be an emptying out of the superfluity of such commodities by way of barter , or otherwise . for such forrain commodities , whereof this nation standeth in most need , for supply of all occasions . for god hath so attempered the whole regiment of the earth , in such manner , that no one nation under heaven , can well and comfortably subsist in , and by it self , but all must give and receive mutuall commodity from each other : otherwise , superfluity would make any commodity ( though in it self never so precious ) vile ; and little conducible to the inriching of the nation . now for the compassing of all these , the wise men of these times , first tooke into their consideration the principall commodities of this kingdome , and because they found them impounded in the staple , they set all at liberty to buy and sell the same as they pleased : and thus began a free trade of wooll , throughout the realme ▪ and matter for imployment by every man that would : but this continued not long . the people soon had commodity enough for work , and kings liked too well of the restraining of that liberty , in order to their owne benefit , and soon found out occasions to reconcile the reason of state with their own interests , and at length settled the staple in certain places in severall parts of the kingdome ; but this extended onely unto the commodities of wooll , leather , and lead ; for as yet the manufactures were not come to maturity . secondly , the indeavour was to advance manufacture , and principally such of them as are made of the staple commodities , amongst all which , wooll had the precedency , as being the most principall and ancient commodity of the kingdome ; and the manufacture of wooll of long use , but had received little encouragement before these times . for that it formerly had been the principall flower in the flemish garden , and nourished from this nation , by the continuall supply of wooll that it received from hence , which was the principall cause of the ancient league between the house of burgundy , and this crowne . but edward the third , was now too well acquainted with the flemings affaires , by a joynt engagement with them in the wars with france , and therein had gained so good an opinion amongst them , that he might adventure to change a complement for a courtesie . the staples beyond the sea were now taken away , he now inhibiteth the importation of forraine cloathes , and having gained these two steps onward his way , he represents to the flemings their unsettled condition , by these bordering warres with france , the peaceable condition of england , and freedome of the people ; then propounds to them an invitation to come over into england , promiseth them share and share like with his own people , with such other immunities , as they take his offer , come over , and brought their manufacture with them , which could never after be recalled : so as now the wooll , and manufacture dwell together , and like to man and wife , so long as they care for one another , both will thrive , but if they come to play their games apart ; both will be loosers in the conclusion . the third step to the advance of trade , was the exportation of the surplusage of the staple commodities , that remained over and besides that proportion that should suffice for the manufactures ; to which end , it was ordered , that no wooll should be exported till it had remained at the staple by the space of fifteen dayes . that time was necessary , and longer time might have been convenient , but that the markets beyond the sea could not be delayed longer time , without much damage to the merchant and owner , for as much as winter time is no time to prepare wooll for the manufacture , and by over long continuance of the commodity upon the hand of the merchant , or owner , both the commodity , and the manufacture might surfet , lye in dispaire , and trade choked thereby . for its a necessary preparative to trade , to keep the nation in some kinde of hunger after the staple commodities , so as the main stock be not too great to occupy , and yet to leave enough to use . but because this nation formerly had been , and as yet were used too much to forrain manufactures , the importing of which , did debase the home made manufactures , and discouraged that work ; therefore the law was made to reduce the vanity of apparrell , ( which infected these times ) to more sobriety . some delight in forrain commodities , and manufactures , is doubtlesse profitable both for trade and shipping ; so as what is imported , exceeds not what is exported : for too much of that makes the domestick commodity contemptible , the nation poore , and the people want work , because its a noted vanity of this nation , that they love things far fetcht , and dear bought . as a cure therefore to this disease , english cloath by law is injoyned to be worn by all persons , under the degree of a lord , and so the former inhibition of importation of forrain cloathes was strengthened thereby . and because the english clothiers should not take advantage hereby , to rais the price of their cloathes to their own covetous pin : therefore the law also settled a certain price and measure , & the same before sale was to be allowed upon view , and for the goodnesse of the cloathes , and perfect working thereof ; lawes were likewise made against exportation of all such as were not perfectly made . a fourth step in the advancement of trade , was the compelling men to work ; for when publique imployment calls men forth for service in the feild ; their minds once in commotion , or upon the wing , can hardly settle any where , or stoop to the perke again , unlesse upon hope of prey or gain to be gotton thereby . such were the times of edward the third , wherein partly for that cause , and partly for the scarcity of men left from the sword and pestilence , not onely work-men were scarce and deare , but even the masse it self was grown stately , the private delights of kings and great men , and scarce vouchsafeing to be seen by common gaze , but at a great distance : the priests had little charity , and the poore had as little money ; so as no penny , no pater noster . a sick and very crazy time questionlesse was it , when the clergy were stately , and the poore idle . the preists wages for this cause are now settled , and they that would get much , must get many littles , and doe much : but the greater sore was amongst the poorer sort ; either they would not serve , or at such wages , as could not consist with the price of the cloaths , and the subsistance of the clothier . lawes therefore are made to compell them to work , and to settle their wages ; so as now it s as beneficiall to them to serve the meaner sort of clothiers , as the richer sort : for the master must give no more , nor the servant take more , and thus became labour currant in all places . a fifth means to advance trade , was the setling of a rule upon exportation , and importation : this wrought a double effect , viz. the inriching of this kingdome with forrain commodities , and the maintaining of shipping , which was and is a principall means , not onely of riches , but of strength unto all sea bordering countries , especially regard being had to these three considerations . first , that importation do bring in more profit , then exportation disburseth . secondly , that both exportation , and importation be made by shipping belonging to this nation , fo farre as may consist with the benefit of this nation . thirdly , that the exportation be regulated to the overplus , saving the main stock at home . the truth of the first will be evident from this ground , that no nation can be rich that receives more dead commodities from abroad , then it can spend at home , or vend into forrain parts , especially if it be vended in its proper kinde , and not in money ; and therefore the lawes provided that no merchant should export more money then he importeth , and what he doth export must be of the new stamp , which it seemeth was inferiour in vallue to the old : yet the times may prove so penurious , that this rule may be waved for a season . the second is no lesse beneficiall ; for as it is in warre , so in all trades ; the greater the number is that is imployed , the more effectuall the issue will be : and therefore though it in the generall be more beneficiall , that all exportation and importation might be by our own shipping ; yet in regard times may be such , as now they were , that the shipping of this nation , is more then ordinarily imployed for the service of the state : and that every nation striveth to have the benefit of exportation by vessels of their owne . and lastly , in regard the case may be such , as importation may be , at a cheaper rate by forrain vessels , and exportation likewise may for the time be more prejudiciall to this nation , if done by our own shipping , then those of other nations . therefore the course must be changed , so far forth as will stand with the occasions of the state , and common profit of this nation . and for these causes , and such like , in the times whereof we now treat , the lawes often varied ; sometimes no staple commoditie must be exported in english bottomes ; sometimes all must be done by them , and within a yeare again that liberty was restrained ; and after that , liberty given to forrainers to export as formerly . the third and last consideration is as necessary as any of the former ; for if trade be maintained out of the maine stock the kingdome in time must needs be brought to penury , because it is their magazine : and for this cause it was provided , that all wooll should remaine at the staple dayes , to the end it might be for the kingdomes use : if any one would buy , they must doe it within that time , otherwise it might be exported . the sixth means of advancement of trade , was the settling of the staple ; for as it was an incouragement to the first establishing of the manufacture , that the staples were let loose , so when the manufactures had taken roote , the staple especially now fixed to places within this kingdome , brought much more incouragement thereto . first , for preserving a full market , for whiles the commodity lies scattered in all places , the market must needs be the leaner ; partly in regard the commodity lies in obscurity , and partly because when it is known where , yet it s not easily discovered whether it be vendible or not ; and besides small parcells are not for every mans labour , and the greater are not for every mans money . secondly , staples are convenient for the stating of the generall price of the commodities ; in regard the quantity of the commodity is thereby the more easily discovered , which commonly maketh the price . and the quantity of the commodity thus discovered will not onely settle the price to it selfe , but also ballance the price of the manufacture . thirdly , the staple having thus discovered the quantity of the commodity , will be a ready way to settle the quantity of the main stock that must be preserved , and regulate exportation as touching the overplus . but it cannot be denied that the first and principall mover of the making of the staple , was the benefit of the crown : for when the commodity was gone beyond the sea , it importeth not to the subjects in england , whether the same be sold at one place , or more , or in what place the same be settled , untill the manufacture was grown to some stature ; and then the place became litigious . the benefit of exportation , pretended much interest in the settling thereof beyond the sea , but in truth it was another matter of state ; for when it was beyond sea , it was a moveable engine to convey the kings pleasure or displeasure , as the king pleased ; for it was a great benefit to the countrey , or place where ever it settled ; or else it moved or stayed according to the inclination of the people where it was , either for warre , or peace . but on the contrary , the interest of the people began to interpose strongly : and for these causes the parliament likewise intermed●ed in the place ; and thus the scene is altered : some times it s beyond the seas , in one place , or in another : sometimes in england . in edward the thirds time , we finde it sometimes at calis , sometimes in england , : in richard the seconds time ; we finde it again beyond the seas , at middleburgh , thence removed to calis , and after into england : where at length the people understood themselves so well , that the parliament settled the same , it being found to burdensome for the manufactures to travell t● the staple beyond the seas , for the commodity that grew at their owne doores , besides the inhancing of the price , by reason of the carriage , which falling also upon the manufactures , must needs tend to the damage of the whole kingdome . this was one way indeed , and yet possibly another might have been found ; for if a computation had been made of the main stock , and a staple settled within the kingdom for that , and the overplus exported to a staple beyond the sea , it might have proved no lesse commodious , and more complying . it is very true , that there are many that call for the liberty of the people , that every man may sell his own commodity as he pleases ; and it were well that men would consider themselves as well in their relations , as in their own personall respects : for if every man were independent , his liberty would be in like manner independent ; but so long as any man is a member of a common-wealth , his liberty must likewise depend upon the good of the common-wealth ; and if it be not good for the nation , that every man should sell his owne commodity as he pleaseth ; he may claim the liberty as a free man but not as an english man ; nor is that liberty just , so long as his countrey hath an interest in his commodity for its safety and welfare , as in his own person . i doe not assert the manner of buying the staple commodities , by merchants of the staple , to sell the same again in kinde , for their private advantage ; divers limitations must concur to save it from an unlawfull ingrossing ; nor doth it appear to me that the staplers in these times used such course , or were other then meer officers for the regulating of the staple , in nature of a court of piepouders , belonging to some faire or market . neverthelesse , i conjecture that it may well be made evident from principles of state , that mart , markets , and staples of commodities , that are of the proper ofspring of this nation , are as necessary to trade , as conduits are to places that want water . the seventh and last means that was set on foot in these times ; for the advance of trade , was the regulating of the mint , and the current of money . this is the life and soule of trade , for though exchange of commodities may doe much , yet it cannot be for all , because it is not the lot of all to have exchangeable commodities , nor to work for apparell , and victuall . now in the managing of this tricke of money , two things are principally looked unto ; first , that the money be good and currant . secondly , that it should be plentifull . as touching the excellency of the money , severall rules were made , as against imbasing of money , against forrain money not made currant , against counterfeit and false money : for according to the goodnesse of the money , so will the trade be more or lesse , for the merchant will rather loose in the price of his commodity in money , then in exchange for other commodity , because the vallue thereof is lesse certain , and the transportation more chargeable . secondly , as touching the plentie of money , that is as necessary to the advance of the trade , as of the goodness of it : for according to the plenty thereof , will be the plenty of the manufactures , because handy-crafts men having no commodities but their labour , cannot work for exchange , nor can exchange supply rents and maintenance to the greater sort of people . to this end therefore it is provided against melting of money , and exportation of silver and gold : and yet to incourage or not discourage importation of silver and gold , liberty was given to every man to export so much as they did import , provided that what they carry away , must be of the new stamp , or minted in this nation . by this means bullion came in with probability , that much thereof would remain in the nation in liew of commodities exported , or if not , the greater part ; yet at least the mint gained , and that was some benefit to the nation . thirdly , for the fuller currence of the money , the mint was established in severall parts of this kingdome , according to the ancient custome , and this was advantageous both to the mint , and to the stocke of money in the kingdome . this establishment was with this difference , that though the mint was settled by the parliament , yet the exchange was left to the directory of the king and his councell ; because the exchange is an uncertain thing , subject to sudden alteration in other nations , and its necessary that in this countrey , it be as suddenly ballanced , with the exchange in other countreyes , or in a short time , the nation may receive extreame damage . in regard whereof , and many other sudden exigencies in trade , it seemeth to me convenient , that a particular councell were established for continuall influence into all parts of these dominions , to take into consideration the quantity of the staple commodities , necessary to be retained as a stock at home , for the use of the people , and the manufactures ; and accordingly to ballance the trade of exportation and importation ; by opening , and inlarging , or shutting , and straitning the streame , as occasion doth require . and lastly , to watch the course of the exchange in forrain parts , and to parallell the course thereof , in this land thereto : for otherwise , the publique must necessarily suffer so long , as private men seeke their own particular interests , onely in their course of trade . chap. viii . of legiance , and treason , with some considerations upon calvins case . as times change manners , so doe manners change lawes : for it s the wisedome of a state , when it cannot over-rule occasion to pursue and turn it to the best issue it can . multitude of lawes therefore are not so much a sore to the people , as a symptome of a sore people ; yet many times lawes are said to be many , when as they are but one , branched into many particulars , for the clearing of the peoples understanding , ( who usually are not excellent in distinguishing , ) and so becomes as new plaisters made of an old salve , for sores that never brake out before . such sore times were these , whereof we now treate , wherein every touch made a wound , and every wound went to the heart , and made the category of treason swell to that bignesse , that it became an individuum vagum , beyond all rule , but the present sence of timerous judges , and a touchy king. thus were many of the ignorant and wel meaning people in an hideous danger of the gulfe of forfeiture before they found themselves nigh the brimme . all men do agree that treason is a wound of majesty , but all the doubt is , where this majesty resteth originally , and what is that legiance which is due therto , the breach whereof amounteth to so high a censure ; for some men place all majesty in one man , whom they call an absolute monarch . others in the great men , and others in the people , and some in the concurrence of the king and body of the people : and it is a wild way to determine all in one conclusion , when as the same dependeth wholy upon the constitution of the body ; looke then upon england in the last posture , as the rigider sort of monarchiall polititians do , and majesty will never be in glory , but in the concurrence of the king and parliament , or convention of estates , & so upon the whol account it wil be upon the people , whose welfare is the supream law. rome had kings , consuls , dictators , decemviri , and tribunes long before the orators time , and he saw the foundation of an empire , or perpetuall dictatorship in the person of the first of the caesars ; any of all which might have challenged the supremacy of majesty above the people : and yet the often change of government shewed plainly that it rested upon another pinne ; and the orator in expresse words no lesse ; when speaking of the majesty of that government , he allotteth it not to those in cheife command , but defineth it to be , magnitudo populi romani ; afterwards when the pride of the emperors was come to its ful pitch in the times of augustus & tiberius ; an historian of those times in the life of tiberius tels us , that he declared the bounds of treason to be determined in three particular instances , of treachery against the army ; sedition amongst the people , and violating the majesty of the people of rome ; in al which men were not punishable for words , but actions and indeavors . i do not herein propound the government of the roman empire as a modell for england , but à majori , may conclude , that if the proper seat of majesty was in the people of rome when emperours were in their fullest glory , it s no defacing of majesty in england to seat it upon the whole body , from whom the same is contracted in the representative and so much thereof divided unto the person of the king , as any one member is capable of , according to the work allotted unto him . these severall seats of majesty making also so many degrees do also imply as many degrees of wounding , for it s writen in nature , that the offence tending to the immediate destruction of the whol body is greater then that which destroyeth any one member only , and when the written law maketh it treason to compasse the destruction of the kings person , it leaveth it obvious to common sense , that its a higher degree of treason to compasse the destruction of the representative , and above all , to destroy the whole body of the people ; crimes that never entred into the conceit of wickednesse it selfe in those more innocent times ; much lesse saw they any cause to mention the penalty by any written law. neverthelesse because many sadd examples had accurred within the memory of this present age , of the danger of the person and honor of kings ; and yet on the otherside they saw that in such cases of treason the kings honor was made of retching leather , and might easily be strained within the compasse of a wound of majesty : therefore edward the third imitating tiberius , reduced the crime of wound of majesty in the person of the king , into certaine particular instances , out of the compasse whereof , the judges of the law in ordinary course must not determine treason . these concerne either the safety of the person of the king , or of the succession in the royall throne ; or lastly , the safegard of the publique right by the board and privy seale , the vallue of mony , and by persons in matters of judicature judicially presiding , all of them reflecting upon the king , considered in his politick capacity ; for otherwise many crimes might have beene mentioned , more fatally reflecting upon the king in his naturall capacity , which nevertheless are omitted as not worthy of so high a censure . other treasons are left to the determination of the parliament as occasion should offer it selfe , whereof divers examples of a new stamp accurred within forty yeares next ensuing , which were of a temporary regard , and lived and died with the times . to these two notions of majesty and treason , i must add a third , called legiance , for it is that which maketh majesty to be such indeed , and lifteth it into the throne , and whereof the highest breach makes treason : and because that which hath been already sayd reflecteth upon an opinion , or rather a knot of opinions ( for i find them not punctually adjudged ) in calvins case , i must a little demur to them , because as their sense is commonly taken ; it alters the fundamental nature of the government of this nation from a commonweal to a pure monarchy . in handling of this case the ho. reporter took leave to range into a generall discourse of legiance , although not directly within the conclusion of the case ; and therin first sets down the general nature therof , that it is a mutual bond between an english king and his people ; and then more particularly sets forth the nature of this bond in the severall duties of obedience and fealty , fo . . a. and those also in their severall properties , viz. naturall , absolute , fo . . a. due to the king , omni soli & semper , fo . . a. in his naturall and not politick capacity , fo . . a. whereas he saith , this bond is natural , he meaneth that its due by birth , fo . . a. by absolute ( if i mistake him not ) he meaneth , that it is indefinite , fo . . b. viz. not circumscribed by law , but above law , and before law , fo . . a. and that laws were after made to inforce the same by penalties , fo . . b. and therefore he concludeth that this legiance is immutable , fo . . b. and fo . . a. thus having stated the point as truely as i can , both for the nature of legiance , and the object thereof , viz. the king , and not the people , otherwise then in order to the safety and honor of the kings person , considered in his naturall capacity as he is a man ; i shall in the next place examine the grounds as they are severally set down , and therein shall lead the reader no further then the reporters owne concessions . not troubling the reader with any doubt , whether this bond consists in obedience only , or in that fealty : and in all shall ever be mindfull of the honour of that pen with which i have to deale . first , whereas it is said , that english legiance is naturall , and grounded upon the birth of each party within the kings dominions and protection , it needeth no debate , so as the same be taken , sano sensu , viz. for a qualified legiance beared of those sublimities of absolute , indefinite , immutable , &c. for otherwise if such a high strain of legiance be due from every english man by birth ; then all the magna carta , or laws concerning the liberties of the people come too late to qualifie the same , because they cannot take away the law of nature , f. . a. and thus the party once born english must for ever remain absolutely obleiged to the king of england although haply he lives not two months under his protection all his ensuing life time . secondly , the legiance of an english man to his king ariseth from that civil relation between the two callings of king and subject , and therefore it is not a naturall bond which cannot be taken away . the first is true by the reporters owne concessions ; protectio trahit subjectionem , & subjecti oprotectionem ; so he saith , fo . . a. fo . . b. and therefore though it be granted that magistracy in general is from nature , as he saith , fo . . a. yet of weak birth is that inference which he maketh , viz. that english allegiance is a principle in nature . unlesse it be also admitted that all men on earth that submit not to english legiance do sinne against nature . the difference then will stand thus , magistracy is founded in nature , therefore legiance also . but english magistracy is from civil constitution , therefore is english legiance of the like nature . in the next place , the reporter saith , that before any municiple law was made , kings did dare jura , and he mounts as high for an example as the trojans age by the testimony of virgil : but i beleeve he intended not much strength in this , seeing its wel known by any that knows the scriptures , that there were municipal laws given , and that concerning the office of a king by moses , which was more ancient then those of troy , and long before the time of virgil , who neither tels us in what manner those trojan laws were made , though the kings gave them , nor if al were according to the reporters sense is the testimony of a poet ( who somtimes useth his poetica licentia ) to be taken in terminis , in the next place , the reporter vouches the testimony of fortescue , c. & . which is as absolutely opposite to the maine point in hand , as any penn can declare ▪ for he tels us of divers sorts of kingdomes , some gotten by conquest , as those of nimrod and belus , &c. but saith he , there is a kingdome politick , which is by the association o● men by consent of law , making one cheife , who is made for defence of law , and of his subjects bodies and estates , and he cannot govern by any other power , and of this nature , saith he , the kingdome of england is , fo . . . . a second peice of the foundation of this opinion of the reporter is taken , ab inane , it is a vaine thing , saith he , to prescribe laws but where by legiance foregoing , people are bound to obey : but this compared with the words of fortescue , formerly mentioned , falls of it selfe to dust , and therefore i shall not further inlarge concerning it . thirdly , the reporter brings in to helpe the matter the consent of the law in elder times , by certaine cases vouched to that purpose ; the first concerning the legiance of children to parents , which commeth not to this case , because it is a legiance of nature , and this legiance whereof we speake is yet under a litigious title . and i suppose will in the conclusion be found to rest only upon a civil constitution , therefore i leave that . the second is , that a man attainted and outlawed , is neverthelesse within the kings protection for this ( saith the reporter ) is a law of nature , indelibilis & immutabilis , and the parliament nor statute can take this power away , fol. . b. . a. and therefore the reporter concludes , that as well the legiance of the subject as the protection of him by the king are both of them from the law of nature . an opinion that speakes much mercy , yet it seemes strange , considering the penne , for if it be a law of nature , and immutable , for the king to protect persons attainted , then must no such person suffer , for if he be under the kings protection , that , being by a law of nature , cannot be changed by any positive law , as the reporter saith , nor can the king , be so bound , by any such statute , but by a nonobstante , he can set himselfe at liberty when he pleaseth , & then the issue will be this , the king hath a naturall power to protect the persons of law-breakers , from the power of the law , therefore much more their estates ; and then farewell all law , but this of the kings naturall protection . i say that these are of a high straine , considering what the reporter speaketh , elsewhere . but to persue his instance , he saith , that the king hath power , to protect an attainted person , that if any man kill him without warrant he is a manslayer ; and yet this person attainted hath lost the legall protection . it s true , yet not to all intents , for by the sentence of the law , his life is bound up under the law of that sentence , viz. that he must not suffer in other manner then the sentence determineth , nor before warrant of execution issue forth to that end . and notwithstanding the sentence , yet the law leaveth him a liberty of purchase , or inheritance , though to the use of the crowne , and therefore in some respects , the law protects his person so long as he lives , and the kings naturall protection is in vaine in such cases . lastly , suppose the king hath a power of nonobstante , if the same be allowed to him in a limited way by the law , it is no argument to prove the kings naturall power which is driven at under naturall legiance , much lesse if it cannot be made forth that the law doth allow any such power of nonobstante at all ; but by the iniquity of the times , permitteth the same to subsist , onely to avoyd contention , as it came into this kingdome by way of usurpation . and thus i have onely discovered the foundation of this first qualification , which i shall onely leave naked , supposing that no man seeing it , will build at all thereupon . the second property that commeth to be considered , is , that english legiance is absolute , fol. . b. fol. . a. which is a word of a vast extent , serving rather to amaze mens apprehensions , then to inlighten them ; and therefore the reporter did well not to trouble himself or the reader , in the clearing or proof thereof , but left the point rather to be beleived , then understood , nor shall i in the negative ; for god himself can have no other legiance from an english man , then absolute legiance ; and kings being ( as other men ) subject to erre , especially in this point of prerogative , are much rather subject thereto , being misled by such doctrines as these are ; the scripture determines this point , and cuts the knot in sunder . the third property of english legiance , which the reporter insisteth upon , is that it is indefinite ; which he explaineth to be proprium quarto modo , so as it is both universall and immutable , fol. . b. fol. . and neither defined by time , place , or person : as touching the time , and person , the reporter inlarged not at all , therefore i shall onely leave the reader to chew upon the point , supposing himself in the first times of edward the fourth , when henry the sixth , was then alive ; and let him resolve to which of them his legiance had been due , considering them both in their naturall capacity , as the reporter would have it . but as touching the place , it s reported that english legiance is not onely due from an english man , to an english king in england ; but in all places of the kings dominion , though otherwise forrain , as to the power of the law of england : yea , saith the reporter , as farre as the kings power of protection doth extend . and yet this had not been enough , if the premises be granted : for if this legiance whereof we speake be absolute , and omni soli & semper , then is it due to the king , from an english man , ubivis gentium . neverthelesse , to take the reporter in a moderate sense ; it is worth consideration , whether english legiance in the dayes of edward the third , extended as far as the kings power of protection ; when as he had the crown of france , in a forrain right to that of england . in this , the reporter is extreamly positive upon many grounds which he insisteth upon , first , he saith , that verus and fidelis are qualities of the minde , and cannot be circumscribed within the predicament of vbi ; and upon this ground , he might conclude , that this legiance is due to the king , from an english man all the world over , as well as in all the kings dominions ; but concerning the ground , it may be denied , for though simply in it selfe considered as a notion , verity or fidelity are not circumscribed in place , yet being qualities of the soul , and that being in the body , in relation thereunto , it may be in the predicament of vbi ; for where ever that body and soul is , there is faith and truth , according to its modell , which though not absolute , and indefinite , yet if according to the lawes of the place wherein the man is , he is truely said to be verus & fidelis . secondly , the reporter argueth , that the kings protection is not locall , or included within the bounds of england ; therefore also is not the legiance : for , protectio trahit legiantiam , & legiantia protectionem : had this reason been formed into a syllogisme , it had appeared lesse valuable ; for the protection of an english king qua talis , of an english man , is locall and included within the bounds of the kingdome : but if the same king be also king of france , or duke of aquitane ; and an english man shall travell into those parts , he is still under the same kings protection , yet not as king of england , but as king of france , or duke of aquitane , otherwise , let the party be of france , or aquitane , or england , all is one , he must be ( whether french or english ) under an unlimitted absolute protection , without regard had to the customes or lawes of the place ; yea , contrary to them , which i beleive the reporter never intended to affirme . thirdly , the reporter falleth upon the matter in fact , and tells us that the king of england , did many times , de facto , grant protections to persons in places out of the english confines , and it will not be denied : but never was any absolute and indefinite protection so granted ; for the protection extends to defence from injury , and all injury is to be expounded and judged according to the lawes of the place : nor doe any the presidents vouched by the reporter clear , that the king of england did grant as king of england , protection to any english man in any parts of the kings dominion beyond the seas , which was not qualified according to the lawes and customes of that place : especially , it being apparent , that an english king may hold dominion in forrain parts , in legiance under a forrain king ; as edward the third , held the dutchy of guien , and therefore cannot grant absolute protection in such place , nor receive absolute legiance from any person there being . fourthly , the reporter saith , that the king of england , hath power to command his subjects of england , to goe with him in his warres , as well without the realm of england , as within the same ; therefore the legiance of an english man to his king , is indefinite , and not locall , or circumscribed by place , or within the kingdome of england . although the first of these be granted , yet will not the inference hold , for possibly this may arise from the constitution of a positive law , and not from naturall or absolute legiance , nor doth any authority by him cited justifie any such legiance : but i cannot agree the first ; for it is not true , that the king hath any such power from his own personall interest ; nor doe the authoritie of former ages warrant any such matter : for a fuller disquisition , whereof i shall refer the reader to the eleventh chapter ensuing , because the whole matter concerning the militia , commeth there to be handled in course . fifthly , to close up all the rest , the reporter brings , the testimony of the judges of the common law , out of the testimony of hengham ; wherein an action was brought by a french woman , against an english man , who refused to answer , because the plaintiffe was a french woman , and not of the legiance or faith of england : this was disallowed by the judges , because legiance and faith was referred to england , and not to the king ? thereupon the defendant averred , that the plaintiffe is not of the legiance of england , nor of the faith of the king : and upon this plea thus amended , the plaintiffe gave over her action . the reporter from hence observeth , that faith and legiance is referred to the king , indefinitely , and generally ; and therefore it is so due to him . the reason might have had more force , had the object of allegiance , or the nature thereof , been the point in question ; but neither of them comming to debate , and allegiance being subjected to england , and faith to the king. i see not what more can be concluded from hence , but that allegiance from an english man is due to england , and faith to the king , which i suppose must be intended to be in order to that allegiance ; because by the former plea , england had them both , and the king was wholly left out of the case . neverthelesse , i rather thinke that the present point in controversie , will receive little light herefrom on either part . we are now come to the fourth property of english legiance , that it is due to the kings naturall capacity , and not to his politique capacity , or due to the office of a king , in regard of the person of the man , and not to the person in regard of the office , fol. . and because this is of no small importance , neither easily understood , nor granted : therefore he backeth his opinion by many reasons . first , he saith , that the king sweareth to his subjects in his naturall capacity , therefore the subjects swear to him in his naturall capacity . this reason was intended to be taken from relatives , and then it should have been thus : a king doth sweare to his subjects in their naturall capacity , therefore subjects sweare to a king in his naturall capacity : but it being otherwise , it is mistaken , and proves not the point . yet if we should take the reporter , in sano sensu , there is no question but the oath is made to the naturall capacity ; yet not terminative , more then the oath of the tenant to his lord , which this author pleaseth to couple with the mutuall dependence between king , and subject , fol. . b. . a. nor doth the oath of an english man binde him to the obedience of all , or any commands , which the king shall give in relation onely to his naturall capacity , or in opposition to his politick capacity : nor will the reporter himself allow that the politique capacity of the king , can be separate from his naturall capacity , fol. . and yet it is evident that a king may in his naturall capacity command that , of which in his politique capacity cannot give allowance . the second reason of this opinion , is taken from the nature of treason , which saith the reporter , is committed against the naturall person of the king ; and this is against due legiance , according to the form of indictments , in that case provided . this is not demonstrative , because that crime which is done against the naturall person of a man , may as well extend to it , in relation to his place , or office ; and so may treason be plotted against the naturall person of a king , as he is king : neither is their any other difference between the murther of a king , and a private man , but onely in regard of the place and office of a king , which makes the murther of him treason ; for which cause all indictments that doe conclude , contra legiantiae debitum , doe as well also conclude , contra coronam & dignitatem , &c. the third reason is this ; a body politique , can neither make nor take homage , . h. . bro. tit . fealty : therefore cannot the king in his politique capacity take legiance . the first must be granted onely , sub modo , for though it cannot take homage immediately , yet by the means of the naturall capacity , it may take such service ; and therefore that rule holds , onely where the body politique is not aggregate , and not one person in severall capacities , for the tenant that performes his service to his lord , performs the same to his lord in his naturall capacity , but it is in relation to his politique capacity , as he is his lord : for lord and tenant , king and subject , are but notions , and neither can give nor take service ; but that man that is lord , or tenant , or king , or subject , may ; even as the power of protection is in a king , not as he is a man , but as a king. the fourth reason is this , the kings naturall person hath right in the crowne by inheritance , therefore also in the legiance of the subject . this is the strength ( as nigh as i can collect ) of that which is set down as a sixth reason , but i make it the fourth : because the third , as i conceive is but an illustration of the second ; and the fifth is upon a supposall of a fides ficta ; whereas that faith of an english subject , which is according to law , is the truer of the twaine . but to the substance of this fourth reason ; if the first be granted , yet the reporter cannot attain his conclusion ; for the king may in his naturall capacity , have right to the crowne by inheritance , and yet not right in the legiance of his subjects , otherwise then in right of the crowne ; as in the case of lord and tenant , the lord may inherite the lordship in his naturall capacity , but the service is due to him as lord , and not as by inheritance in the service in the abstract . and though it be granted that the legiance to a king , is of a higher strain , then that of a tenant to his lord , fol. . b. . a. yet doth the reporter bring nothing to light , to prove them to be of a different nature in this regard . the fifth and last reason that commeth to consideration , is , from a testimony of the parliament ; for it is said , that this damnable tenet of legiance to the king in his politique capacity , is condemned by two parliaments : but in truth i can finde but one under that title , that mentioneth this opinion , and that is called exilium hugonis , which in summe is nothing else , but articles containing an enumeration of the particular offences of the two spencers against the state , and the sentence thereupon : the offences are , for compassing to draw the king by rigor , to govern according to their wills : for withdrawing him from hearkning to the advice of his lords , for hindering of justice , and oppression , and ( as a means hereunto , ) they caused a bill or scedule to be published , containing that homage and legiance is due to the king , rather in relation to the crowne , then absolutely to his person ; because no legiance is due to him , before the crowne be vested upon him : that if the king doe not govern according to law ; the leiges in such case are bound by their oath to the crown , to remove him either by law or rigor . this is the substance of the charge , and upon this exhibited in the lords house , the lords , super totam materiam , banish them before their case is heard , or themselves had made any appearance thereto : so as to the matter of this scedule ( which contains an opinion suitable to the point in hand , with some additionall aggravations ) the parliament determineth nothing at all : but as to the publishing of the same , to the intent to gather a party , whereby they did get power to act other enormities mentioned in the charge ; and in relation to these enormities , the lords proceeded to sentence of banishment ; all which was done in the presence of the king , and by his disconsent , as may appear by his discontent thereat , as all historians of those affaires witnesse : and it is not probable that the king would have been discontented with the proceedings of the lords , in asserting the prerogative of a king , in that matter of the scedule , if he had perceived any such thing in their purposes . add hereunto that the lords themselves justified the matter of the scedule in their own proceedings , all which tended to inforce the king to govern according to their councells , and otherwise then suited with his good pleasure : by force they removed gaveston from the kings presence formerly , and afterward the spencers , in the same manner : so they removed the king from his throne , and not long after , out of the world. last of all , i shall make use of one or two concessions , which hath passed the reporters own penne ( in this discourse of his ) for the maintaining , that the legiance of an english man , is neither naturall , nor absolute , nor indefinite , nor due to the naturall capacity , but qualified according unto rules . the first is this , english men doe owe to their kings legiance , according to the lawes , therefore is it not naturall , or absolute , or indefinite . the inference is necessary , for the later is boundlesse , and naturall ; the former is limited , and by civill constitution : if any branch therefore of english legiance be bounded by lawes , then the legiance of an english man is circumscribed , and not absolute , or naturall . the major proposition is granted by the reporter , who saith , that the municipall lawes of the kingdome , hath prescribed the order and form of legall legiance , fol. . b. and therefore if by the common law , the service of the kings tenant , as of his mannor , be limited , how can that consist with the absolute legiance formerly spoken of , which bindeth the tenant being the kings subject , to an absolute , and indefinite service : or if the statute-lawes have settled a rule , according to which each subject ought to goe to warre in the kings service beyond the sea , as the reporter granteth , fol. . & . then cannot the legiance be absolute to binde the subject to goe to war according to the kings own pleasure . secondly , an english kings protection of his subjects , is not naturall , absolute , indefinite , nor originally extendeth unto them in their naturall capacity : therefore is not the legiance of an english subject to his king , naturall , absolute , indefinite , nor originally extendeth to the king , in his naturall capacity . the dependance of these two resteth upon the reporters owne words , who tells us , that protectio trahit subjectionem , & subjectio protectionem ; protection drawes with it subjection , and subjection drawes with it protection , so as they are relata , and doe prove mutually one anothers nature , fol. . a. and in the same page ( a few lines preceding ) he shewes why this bond between king and subject is called legiance , because there is a reciprocall , and double bond : for as the subject is bound in obedience to the king , so is the king bound to the subject in protection : but the king is not naturally bound to protect the people , because this bond begins not at his birth , but when the crown settles upon him . thirdly , this protection is not absolute , because the king must maintaine the lawes , fol. . a. and the lawes doe not protect absolutely , any man that is a breaker of the lawes . fourthly , this protection is not indefinite , because it can extend no further then his power , and his power no further then his dominions , fol. . b. the like also may be instanced in continuance of time . lastly , the kings protection extendeth not originally to the naturall capacity , but to the politique capacity ; therefore till a forrainer commeth within the kings legiance , he commeth not within his protection : and the usuall words of a writ of protection shewes , that the party protected , must be in obsequio nostro , fol. . a. the summe then is , that as protection of an english king , so neither is legiance , or subjection of an english man naturall , absolute , indefinite , or terminated in the naturall capacity of the king. and to make a full period to the point , and make the same more cleare , i shall instance in one president , that these times of edward the third produced . the former english kings , had title to many teritories in france , but edward the third , had title to all the kingdome : and being possibly not so sensible of what he had in possession , as of what he had not ; he enters france in such a way , and with that successe , that in a little time , he gaines the highest seate therein , and so brought much honour to the english nation ; and more then stood with the safety of the kingdome . for in the union of two kingdoms , its dangerous for the smaller , least it be swallowed up by the greater . this was foreseen by the english , who knew england did bear but a small proportion to france , and complained of that inconvenience ; and thereupon a law was made , that the people of england , should not be subject to the king , or his heires , as kings of france : which manifestly importeth , that an english king may put himselfe in such a posture , in which legiance is not due to him ; and that this posture is not onely in case of opposition , but of diversity , when he is king of another nation , and doth not de facto , for that time , and place , rule as an english king : which if so , i suppose this notion of naturall , absolute , and indefinite legiance to the king in his naturall capacity is out of this kingdome , if not out of the world : and then the foot of the whole account will be , that the legiance of an english man , is originally according to the lawes : the summe of all , being comprehended in the joynt safety of the people of england . cahp. ix . of courts for causes criminall , with their lawes . the great growth of courts , founded upon prerogative , derogated much in these times from the ancient courts , that formerly had attained the soveraignty over the people , and in the hearts of them all . this was a hard lesson for them to learn , but especially of the kings bench , that was wont to learn of none ; and yet must be content to part with many of their plumes to deck the chancellor , much of their work to busie the prerogative courts , holden coram rege ; and more to those holden coram populo , i mean , the courts of oier and terminer , goale delivery , and ju●tices of peace . those of oier and terminer , were now grown very common , but lesse esteemed , as being by men of mean regard nominated for the most part by the party that sued out the commission , which for the most part was done in behalfe of those that were in danger , and meaned not to be justified by works , but by grace . these escapes , though small in the particulars , yet in the full summe made the matter so foul , as it became a common greivance , and a rule thereupon set by the parliament , for the regulating both of the judges of such court , and the causes . the commissions for goale delivery likewise , grew more mean and ordinary : the chief sort of men in the severall counties , had formerly the power , but were found to savour too much of neighbourhood , and alliance ; the leading of the work therefore , is now committed to the judges at westminster , and the other made onely associates to them . but above all , the courts of sheriffes , coroners , and leets , were now grown soure with age , having attained courses by common practice , differing from oppression onely in name ; and yet were the times so unhappy , as by these courses they had obtained fovour , and respect , amongst the great men , and so gained more power from above to abuse them below . these men loved to be commissioners of oier and terminer , and having learned how to make capitall offences pecuniary , found such sweetnesse , as they used not to be weary of their places , though the countrey grew weary of them ; and therefore disliking uncertainties , in such matters of benefit , they cannot rest till they obtaine more certaine settlement in their places ; some for yeares , others for life , and some for ever . the disease thus contracted by degrees , the cure must be accordingly ; first the sherifwicks much dismembred to please the court favorites , and fill the kings privy purse , and all raised to the utmost penny of the full , and beyond the just vallue . a law is made to restore the severall hundreds , and wepentakes to the sheriffs and their counties , and all of them are reduced to the old rent ; and it is likewise provided that none shal execute that place in county or hundred , who shall not then have sufficient lands in that county to answer dammages for injustice by them done . and that no sheriff shall serve in that place above one yeare ; and then not to be chosen againe for that service , till three yeares be past : which later clause was only a medium taken up for the present occasion , in regard that men of ability became very rare in these times , especially , in some of the counties . the election of the sheriff is likewise not to be forgotten , for though the counties had the election of coroners in regard they looked that no man should come nigh their blood , but whom they trusted ; yet the sheriffe came not so nigh their skinne , nor yet so nigh their freeholds , as anciently they had done , for that their power in judicature was much abated , and so not worthy of so high regard , yet in respect he was still to be a minister of justice , and his place valuable more then formerly ; it was holden convenient that such as had the cheife power of judicature at westminster , viz. the chancellor , treasurer , cheife baron , and the two cheife justices , should nominate the man that should be their servant , and in the parliament neverthelesse , interposed in that election as often as they saw cause . secondly , as touching causes criminall , which more ordinarily come within the cognisance of these courts : they generally held the same regard in the eye of law in these times that they had done formerly ; neverthelesse , in two crimes these times wrought diversly , urging the edge of law against the one , and abating it as to the other . the later of these is commonly called petit treason , which is a murder destructive to the common-wealth , in an inferiour degree , and at a further distance , because it is destructive to that legiance , by which families doe consist , and of whom kingdomes are derived . in former times it extended unto the legiance between lord and tenant , and parents and children : but by this law of . e. . it is reduced to the legiance onely of man , and wife , master , and servant , clerk , and his ordinary : the last of which was now lately taken up ; and might have beene as well laid aside , as divers others were , but that in these times much is to be yeilded to the power of the prelacy , who loved to raise the power of the ordinary , to an extraordinary pitch , that themselves might be the more considerable . this reducing of treason into a narrower ground , made the regiment of fellonies to swell : a hard thing it was in a warring time , for men to conceit themselves well drest , untill they were compleatly armed : some used it for a complement , and amongst others , honest men had as good cause to use it , as some that were ill affected , had a bad ; and of the last sort , some did aime at private revenge , though many aimed against the publique quiet . but however the intentions of men thus harnessed might be different , the lookes of them all are so soure , that its hard to know a man for peace , from a man for warre . and therefore the people were now so greedy after peace , as they are ready to magnifie , or multiply all postures of armed men into the worst fashion , being well assured that the readiest way to keep themselves from the hurt of such men , is to have none of them at all . but edward the third , had more need of them then so , and will therefore allow men to ride armed , but not to troope together , to rob , kill , or imprison any man ; and if any person did otherwise , it should be fellony , or trespasse , but not high treason . all this was in favour to the people , and yet it was not all , for when mercy groweth profuse , it becomes cruelty : murder is very incident to times of warre , yet is an enemy to the peace , of so high a nature , that though the kings pardon may doe much , yet both king and people declare it an impardonable crime , by the common law , and that the kings prerogative shall not extend so farre , as to pardon the same . this justice done to the party dead , was a mercy to them that were alive ; a means to save blood , by blood-shed , and not so much by the kings grant , as by his release . one thing more in these cases of blood , the people obtained of the king , which they had not so much by release , as by grant , and that was the taking away of englishire , an ancient badge of the imperiall power of the danes over the saxons , and which had either continued through the desidiousnesse of the saxons , in the times of edward the confessor , unto the normans time , or by them taken up again , and continued , untill these times that edward the third was so farre desirous to declare his readinesse to maintaine the liberties of the people , as to be willing to restore them where they failed , and in particular tooke away the manner of presentment of englishire , blotting out the title and clause concerning it , out of the articles of inquiry for the judges itinerant . and thus whether native or forrainer all men are now made in death equall , and one law serves all alike , next unto blood , these times grew more sensible of ravishments , then former times had done : for though they had determined a severe penalty against so foule a crime , and made it in the nature of fellony capitall , which was enough to have scared any man from such attempts , yet for the proof of the matter in fact , much rested upon the will of the woman , which for the most part grounded upon self respects , and private prudence laboured to conceale that which could not be made whole by revealing ; and by after consent skind over the sore as to themselves , which corrupted inwardly , and indangered the whole body ; to cure which , a law is made to restrain such late connivance in the woman , by depriving her both of her joyncture , and inheritance , which otherwise had been saved to her by such compliance , as after consent unto such violations . chap. x. of the course of civill justice , during these times . however the course of the law concerning matters of the crown , passed in a troubled wave , yet in matters of common pleas , it passed in a calme and full channell ; as the reports in print doe sufficiently witnesse , nor was their any change of principles , but onely some alteration tending to a clearer manifestation of the same . i will not touch upon every particular , but onely upon two , which reflect somewhat upon the publique pollicy , the one touching the course of inheritance in some particular cases ; the other touching pleading in the courts of civill justice . the first of these was occasioned from conjuncture of affaires , the case being such , that edward the third had now gotten himselfe a new kingdome unto that of england , and must looke to maintaine that by power , which he obtained by force , and conducing thereunto , must have continuall imployment of the english in that service , as being most trusty to his cause . and that it is un reasonable , that such english as had devoted themselves to his service in this cause , and in order thereunto , had transported themselves , and their families into those forrain parts , should thereby loose the benefit of leiges , in the birth-right of their children , borne in those forraine parts . upon consideration had hereof , and of a former leading opinion of the lawyers and parliament , a declarative law was made ; that all children borne without the kings legiance , whose father and mother at the time of their birth , shall be under the faith and legiance of the king of england , shall have the benefit of inheritance within the same legiance , as other inheritors have . these are the words of the statute , and doe occasion a double observation , one from the matter , the other from the manner of the expression . the subject matter is so delivered , not as an introduction of a new law , but as a declarative of the old , that lay more obscurely hidden , for want of occasion to reveale it , and the substance thereof resteth onely in this , to enable the children of english natives , borne beyond the seas ; not the children of those that are of forraine birth , though within the kings teritories in those parts , as the opinion hath beene , nor doth any ancient president , or case , warrant the same , as might be at large manifested , if it might conduce to the end of this discourse , and for the same cause , after this statute ; when as the commons would have had a generall naturalizing of all infants borne beyond the sea , within the kings segniories ; the same would not be granted , otherwise then according to the former statute , and the common law. that which in the next place concerneth the manner of expression , is this , that a childe is said to be borne out of the kings legiance , and yet the father and mother at the same time to be of the faith and legiance of the king of england : it seemeth to me , that it intendeth onely those children of english parents , borne within the kings teritories beyond the seas , because the words insuing concerning certification of bastardy of such children , are , that the same shall be made by the bishop of such place upon the kings writ directed to him , which could never have passed into those places that are not of the kings teritories : and so the issue will be , that the legiance of those born in those parts , though they are leiges to the king , yet they are not of the legiance of the king of england , but as lord of that teritory . the other matter to be observed concerning pleading in the courts of civill justice , is this , that whereas anciently , from the normans time , till these times , the pleadings were in the norman tongue , they shall be henceforth in english ; out of an inconvenience , i beleive , rather supposed then felt : for though some kinde of knowledge of law-termes may be increased thereby , yet unlesse that shall be professedly studied , it will breed nothing but notions , and they an overweening conceit , which many times sets men to suites in law , to their owne losse , like some weake influence of the celestiall bodies , that are strong enough to stirre up humours , but not to expell them , or draw them out . however , even thus in part is the reproach of normandy rolled away , like that of egypt from the israelites at mount gilgall . chap. xi . of the militia in these times . warre is ever terrible , but if just and well governed , majesticall ; the one may excite resistance and defence , but the other conquers , before blow given ; because it convinceth the judgement , and so prevails upon the conscience : for that heart can never be resolute in its own defence , that is at warre with its own understanding ; nor can such a heart consider such a warre , otherwise then as divine , and bearing the face of an ordinance of god ; and then how can the issue be unsuccessfull . it is no strange thing for kings to miscarry in their warres , because it s rarely seen that they are under good councell ; but if a christian councell miscarry , we may conclude it extraordinary , in the efficient cause , and no lesse wonderful in the issue , and end . upon this ground , it concerneth a christian nation , not onely in point of honour , but of safety and continuance , to settle fundamentall lawes for war , against time of war ; as of peace , in time of peace . neither was england deficient herein , saving that ancient times were more obscure in the particulars , and these dayes revealed them at such a time , wherein we may say , that edward the third , approved himself , not onely king of england , but of himself , above the ordinary strain of expectation ; for being now become a famous commander and conquerour , having also an army inured to fight and overcome , and so might have given a law ; he neverthelesse , received the same , submitting both it and himself to the directory of the parliament , in making a warre with france , which was three to one against him in every respect , ( but in the title ) besides the disadvantage from scotland , that lay continually beating upon his reare . the like may be observed of his warre with scotland , in both which , he evidently telleth the world , that he held it unreasonable to enter upon the managing of an offensive forraine warre , without the concurrence of the common consent of the people ; and that not onely for the thing it selfe , but also for his owne personall ingagement in the service . for a king , though he be the generalissimo , yet is he so from the people , and his person being of that high value , is not to be exposed to every occasion , that may provoke warre , without due advice first had with the publique councell , because in his person the people adventureth as well as himself . and in this manner were the warres in france by edward the third , and in scotland , concluded upon debate . in the next place , as touching the arraies of men for warre , i finde no foot-steps of any power which was claimed as peculiar to the king therein , and acknowledged by the parliament ; but many instances do i meet with in the opposite ; all which do plainly tell us , that the old shifts of jurati and obligati ad arma , could do little either in the calling of men forth , or arming them for the warr. but in case of publique defence against forrainers , men were summoned upon their legiance as anciently was used . and this was by both king and parliament fully declared , and all such obligations by writing called in and damned as dishonorable to the king. in forraine service the course was no lesse regular ; if the warr was by especiall direction of the parliament , they likewise ordered the manner of the raising of souldiers , viz. so many out of a county , and so many out of a burrough , all which are by the expresse words of the statute , said to be granted by the knights and burgesses . but if it was only upon the kings particular instigation and not by order or consent of the parliament , the king in such cases being volunteir , all the souldiers were in like manner ; unlesse some particular law , or tenure , otherwise obleiged them . as touching the arming of souldiers ; the law was yet more certaine and particular . if the souldiers were men of estate they were armed according to the ancient rule asserted by the statute at winton , or otherwise were especially assessed by the parliament , or by vertue of their tenures ; the first of these is confirmed by edward the third in parliament , wherein he willeth that no man shal be urged to arme himselfe otherwise then hee was wont in the times of his ancestors kings of england . the two later were likewise confirmed by another law , made in the same kings time ; whereby it was ordained , that no manshall be constrained to find men of armes , hoblers , nor archers , other then those which hold by such services , if it be not by common consent and grant made in parliament . by men of armes meaning those which we now call curiasseires , or compleat armed ; by hoblers meaning those now called light horse-men . the archers served on foot , and were principally armed with bowes , although they had also swords or other such offensive portable weapons . the first of these concerneth only the arming of a mans owne person , the other the finding of souldiers , and arming of them , and both together sufficient for the safegard of the rights and liberties of the people , invaded in those times , by commissions of array ; and such other expressions of prerogative royall ; for as touching the arming of a mans owne person , the statute of . ed. . formerly mentioned , is cleare in the point . and though the statute of . edw. . doth not in the letter direct , as touching the finding armes for others as is urged in his majesties answer to the declaration of the parliament , concerning the commission of array , july , . . yet is it therein granted that a compleate souldier is within the letter of the statute ; and seeing the person of the souldier is not in the power of any private person in such cases to command him to the service , it seemeth cleare to me that the statute must intend the arming of him with compleat armes , and not the armed person of the man. the souldery thus arrayed , they are in the next place to be called by their rendezvouz ; the knights by summons sent to the sheriff , but the rest by proclamation . if the knights appeare not , a fine is let upon them ; if others runne a way from their conduct , a writt issued to the serjeant at armes to apprehend them ; if they were not arrayed , then the recognisances of such as undertooke the worke are estreated . all plunder or spoile committed by the soudiers in their conduct , was to be satisfied by the conductor , or commander , that received their pay , or charges for their conduct : and although the charges for conduct had formerly , de facto been defraied somtimes by the county , by vertue of commissions that issued forth , both for the raising and conducting of them ; yet was this no rule , nor did edward the third claime any such duty , but disclaimed it , and ordained by act of parliament , that both the pay and conduct money , should be disbursed by the king , from the time of their departure from their severall counties . for to this end ( and for the safegard of the realme . and for the maintenance of the warrs of scotland , france , and gascoigne . ) the king had supply from aids , releifs , wardships , marriages , customes , and escheats , nor did the parliament grant any particular aide by assessment or publique taxe , but when they evidently saw the burden of warr , to be extraordinary ; as it befell in the conquest of so great and potent a realme as france was : wherein although the taxes were many , yet so well ordered were they , and with that compliance from the king , that the people indured them with much patience , so long as the king lived . lastly , in all these cases of forraine warrs ( for of such cases onely these laws are to be understood ) it was especially provided , that no man should be distrained , or urged against his will , to goe out of his county . but in case of defensive warr ; the course was otherwise , for all men in such cases are bound by the law of nature , to defend their owne countrey from invasion , in order to the safety of their owne estates , and habitations . they were arrayed , or gathered together by commission of array from the king , armed according to the laws formerly mentioned , and not by arbitrary order of the commissioners : and by vertue of such commissions , they were drawne forth and led to places , where need required . sometimes to one coast , sometimes to another , yet not altogether at the kings pleasure , for the parliament upon occasion set rules of restriction , and generally exempted the north parts beyond humber , from being drawn southward , and left them as a reserve , for the defence of the marches , bordering upon scotland ; and sometimes ordered , the array should be executed onely in some particular counties , and other times wholy exempted the countrey adjacent , within six miles of the sea coast . and because the king might under colour of a defence array the people , where no such occasion led the way , and command them out of their countyes , a statute is made that states the case wherein such array shall be ; the words whereof are variously set forth in the bookes in print , whether determinatively , or carelesly , i cannot tell , but all of them doe differ in sence one from another , and from the truth ; some of the common books have the words thus : none shall be destrained to goe out of their counties , unlesse for cause of necessity , and of sudden coming of strangers , or enemies , into the kingdome : others reade it thus , but where necessity requireth , and the coming of strange enemies into the kingdome . the kings answer to the parliaments declaration , concerning the commission of array , would reade it thus , vnlesse in case of necessity , or of sudden coming of strange enemies , &c. but the words in the roll are these ; et que nulls ne soient distresses d'aller hors de les countees , si non pur cause de necessity , de suddaine venue , des stranges enemies , en reqaulme , in english thus , word for word , and that none be destrained to goe out of the counties , if not for cause of necessity , of sudden coming of strange enemies , into , or in the kingdome : which words determine the point , that none shall be by commission of array , drawn out of their county , but in case of necessity : and secondly , that this case of necessity , is onely the coming of strange enemies , into , or in the kingdome , so as probably the invasion must be actuall before they be drawn out of their counties , and not onely feared ; and it must be a sudden invasion , and not of publique note , and common fame foregoing , for then the ordinary course either of parliament , or otherwise , must be used to call those that are bound by statute , or tenures , or volunteires to that service , seeing every invasion is not so fatall , as to require a commission for a generall array . against what hath been thus noted , the judgement of sir edward coke in calvins cafe lies yet in the way , who affirmeth , that the subjects of england are bound by their legiance to goe with the king in his warres , as well within the realme , as without ; and this legiance he telleth us , is that naturall legiance which he saith , is absolute and indefinite , &c. and not locall , which if not so , then were not the english bound to go out of england ; an inference that is neither necessary , nor is the thing affirmed certain . it is not necessary , because english men may be bound to goe out of england , by vertue of their tenures , particular contract , or else by speciall act of parliament , and not by vertue of that naturall legiance , which in truth is no where . now for the maintenance of the point , the reporter alledgeth two statutes affirming the thing , and common practice ; and lastly , authorities of the judges of the common law. as touching the statutes , one in henry the sevenths time , and the other in edward the sixths time : i shall speake of them in the succeeding times , when we come at them , for they are no warrant of the law , in these times whereof we now treat ; much lesse is the modern practice of these later dayes , a demonstration of the law in the times of edward the third , nor of the nature of the law in any time , seeing that it is obvious to times , as well as particular persons , to doe and suffer things to be done , which ought not so to be ; and therefore i shall for the present lay those two considerations aside . but as touching the opinions of the judges of the common law , two cases are cited in the affirmative , which seeme in the negative , and the rest conclude not to the point . the first of the two cases , is the opinion of justice thirning in the time of henry the fourth , word for word , thus , a protection lies for the defendant in a writ , upon the statute of labourers , and yet the defendant shall not have such matter by way of plea , viz. that the king hath retained him to goe beyond the sea : for the king cannot compell a man to goe out of the kingdome , that is , ( as the reporter saith ) not without wages ; intimating thereby , that if the king shall tender wages to any man , he must goe whither the king shall please to send him , which is not onely destructive to the opinion of thirning , concerning the plea , but also ( though granted ) is destructive to the reporters judgement in the main point : for if an english man may refuse to goe without wages , then is he not bound to goe by any naturall absolute legiance , as the reporter would have it . and as touching the second case , which is bigots and bohuns case , it cleareth the same thing ; for it was resolved , that they ought to goe but in manner and form , according to the statutes , then is not the ground in the absolute legiance , for that is not qualified , but in the positive statute-law , which tieth onely in manner and form , and that by voluntary consent in parliament . the rest of the cases , do neither conclude the main point , nor the particular thing that the reporter intendeth : for he would imply to the reader , that english men were anciently used to be imprested for the warres in france : and hereunto he voucheth one authority out of ancient reports of law , in edward the thirds time , one authority in the time of henry the fourth , and three in the time of henry the sixth ; none of all which doe speake one word concerning impresting , and that in edward the hird , doth imply the contrary ; for the case is , that in a praecipe quod reddat , a protection was offered by the defendant , as appointed to goe beyond sea with the duke of lancaster ; and the plaintiffes councell alledged that the defendant had been beyond sea , with the duke , and was returned : to this the defendants councell answered , that the duke was ready to return again ; and for this cause the protection was allowed : yet a quere is made upon this ground , that it might be that the defendant would not goe over with him , nor was it proved that he would , which sheweth plainly , the party was not imprested , for then the thing had not been in his power to will or nill . the last instance that the reporter produceth , is that of forinsecum servitium , or forrain service , and that seemerh to be knight service to be performed abroad : but this falleth short of the reporters intention in three respects , first , though it belongeth to the king , yet not to him onely , but to other cheif lords , so saith bracton . secondly , it is not due from every english man : and lastly , it is a service due by vertue of tenure , and then the conclusion will be , that which is due by tenure of lands , is not due by naturall and absolute legiance : and so this forrain service , arising meerly by compact , and agreement between lord and tenant , and not by the naturall duty of an english born subject , ( which is the thing that the reporter driveth at in all this discourse ) will be so far from maintaining the reporters opinion , as it will evidently destroy the same . and thus the posture of this nation , in the feild remaineth regular in the rule , what ever hath been said against it ; notwithstanding , that in the very instant of action , there may be some irregularity , which no doubt both was , and ever will be , in stormy times ; nor did it conquer the law : for though warre may seem to be but a sicknesse of the state , yet being in truth , as the vltimum refugium , and onely reserve unto law , beaten to a retreat by oppression : it is no wonder if this motion , or rather commotion that brings on the law of peace in the reare , be still and ever subject to a rule of law , how unruly soever it selfe seemeth to be . now because law imports execution , and that presupposes a triall , and it a court ; therefore did our ancestors ( amongst other courts not regulated by the common law ) forme a court for the service of warre , called the court martiall , or the constables court , according as the office of one or the other , had the pre-eminence . the proceedings herein , were ordered as i said , not according to the common law , for that is like the land , much distant from all other nations , and the negotiation of this iland with other nations , ( as in time of peace , so of warre , ) require a rule common to all those nations , or otherwise no negotiation can be maintained : and for this cause , the proceedings in this court , were ever according to the rule of the civill law : the work of this court is principally judiciall , and in some cases ministeriall . the first reflects upon causes forrain and domestick , and both of those , are either criminall , and such as concern the common peace of the place of warre , or more civill , relating onely unto private interest . as touching the first of these , i suppose it is no bull , to speake of a common peace , in the place of warre ; for a common peace must be in each party within it selfe , or otherwise no party at private variance can subsist within it selfe , much lesse make warre with the other ; and therefore in order unto warre , there must be a law of peace , for the triall of offenders , and punishing them , for offences committed against the good government of the warre ; such as are breaking of ranks , deserting the standard , running away from the colours , mutinies , murders , rapes , plunderings , private quarrells , disobedience to command , and such like ; all which doe bear the shew of crimes against the common peace of the army , and the countrey . of the second sort , are matters concerning quarter , and contracts in order to the government of the warre , saving such as are made , before either party be inrolled for the warre : for if a man doth covenant to serve in the warre , and keepeth not his day at the first rendezvouz , he is to be attached by writ at the common-law . causes domesticall likewise fall under the like division : for whatsoever cause may be forrain , may also be domestick ; because the army is ever imbodied within the kingdom , and must be under the directory of the martial-law , upon the first forming thereof . now though the particular lawes of the army , for the government thereof , be ordinarily according to the prudence of the generall , yet certain fundamentalls have been ab antiquo , made by custome , and the parliament , against which the course of judicature must not goe ; and as the parliament saw need , it set also particular directions , as for the payment of souldiers wages , for remedy of wastings and plunderings in their owne countrey , and other such emergencies . but the execution of all these lawes originally , was in the martiall of the army , and because that the army was generally dissolved , or such persons ingaged in such matters of controversie , departed from the army , before the same were concluded . therefore the martialls court continued in order , to the determining of these matters ; and in continuance of time , other matters also crouded into that society , although sometimes under the directory of the constable of england , as well as at other times under the martiall ; more particularly , that power of determining matters concerning torniament , a sport that like a sarcisme tickles the fancy , but wounds the heart , and being of as little use in a common-wealth , as of benefit ; therefore is laid aside , nor need i to speake any more concerning it . there is one thing more , somewhat like a torniament , but that it is in good earnest , and that is called duell . this commeth likewise within the cognisance of this court , but in a ministeriall way , and as subservient to the common law , in cases of appeale and right : hereof needs likewise little more then the naming , and therefore , i shall leave the reader that would understand the particular managing thereof , unto the discourse compiled by the duke of glocester , in richard the seconds time . lastly , as touching the antiquity of this court , though it may be great , yet the power thereof was doubtfull , and scarce taken notice of in any publique act of state , till about these times ; when as a complaint was made by the commons , for the incroachment of that court , upon the liberty of the people , and bounds of the courts of common law ; nor is it strange , that such unquiet times brought forth such presidents , but much more strange that the common law held up its head against such violent irruptions of warre . chap. xii . of the peace . you have seen the kingdome in armor , now see it in robes , and you will say that its majesty therein , is as grave , as it was in the other brave . it s true , the tempers are so contrary , as it may be wondred how one and the same should be wise and willing for both : but when god will doe much , he gives much , and can make a people as one man , like unto caleb , fitted both for warre and peace : besides , the times were now much conducing hereto , its vain to indeavour to allay humours in the body , which are maintained by agitation , they must be purged out , or the whole will still be indangered : and therefore although kings hitherto did indeavour to establish a peaceable government , yet being led by ill principles of private interests , they laboured to little purpose : but now the scene is altered , and one wise moderate king , that was as wise as valiant , did more then they all : and first set a rule upon his own desires , contenting himself with the condition of an english king ; and then upon his people , making them contented with the condition of english men . the order herein was no lesse observable ; for the former wrangling times having trained up the minds of men in a tumultuous way , nor could they skill to pace in the steps of peace , the king led them into forrain parts to spend their heat , till being either weak or weary , they are contented to return home , and study the happinesse of a quiet life : these men thus ordered , the rest at home are made more coole , like a body after physick , and all are now contented to submit to law and magistracy . a fitting time now it was for justices of peace to come upon the stage in their best garbe : for though the work was more ancient , yet like some loose notes laid aside in severall places , it was not to be found , but at a distance , and after long delay . but edward the third , sums up all into one breif , and brings a compleate modell thereof into the world for future ages to accomplish , as occasion should lead the way . the cours was now established to have justices settled in every county , there to be resident and attending that service . first , they were named guardians , or wardens of the peace , but within a few yeares altered their title to justices . first , they were chosen out of the good and lawfull men of each county : after that they were two or three chosen out of the worthiest men , and these were to be joyned with lawyers . then was one lord and three or foure in each county of the most worthy men , adjoyned with lawyers . afterward in richard the seconds time , the number of justices in each county might attain to the number of six , and no steward of any lord to be admitted into the commission : but within half a yeare all is at large , so be it that the choise be out of the most sufficient knights , esquires , and gentlemen of the county . again , within two yeares , the number in each county , is set at eight , yet in all these , the judges and serjeants were not reckoned , so as the work then seemeth not so much as now a dayes , although it was much of the same kinde ; and yet it grew up into that greatnesse which it had by degrees . before , they were settled by edward the third , there were custodes pacis , which might be those whom we now a dayes call the high-constable of the hundred , whose work was purely ministeriall . afterward about the second yeare of edward the third , the guardians of the peace had power of oier and terminer , in matters of riding armed upon the statute . ed. . after that , they have power of inquiry by indictment in certain cases , within foure yeares after they have power of oier and terminer in cases of false jurors , and maintenance : and about tenne years after that , they obtained like power , in matters of fellony and trespasse . the way of commissions in case of life and member thus opened ; another occasion of commission offers it self for a determinative power , in case of offences against the statute of labourers , and the cognisance hereof is soon settled upon commissioners in the counties specially chosen for that service , which questionlesse as the times then stood , was as commendable work as it was necessary : for souldiers were so many that labourers were very few ; and those that once are accustomed to armes , thinke ever after meanly of the handycraft ; nor will they ever stoop thereto after their spirits are once elivated by mastery of adventures . and secondly , those few labourers that remained of the sword , plague , and other disasters of these wasting times , understood their advantage , and set a value upon their labours , far above their merit , apprehending that men would rather part with too much of a little , then to let their work lie still , that must bring them in all they have ; but these commissioners lasted not long , though the worke did : the justices of peace are looked upon as meet for that service , and its a vain thing to multiply commissions , where the work may be done by one , that before this time had obtained an additionall cognisance of all causes of riots , batteries , wandering dangerous persons , and offences in weights and measures , and in purveiance . to them , i say , all this work concerning labourers , is also committed by the parliament ; and herewith a way was laid open for crimes of greatest regard under fellony , to be determined by triall in the countrey , according to the course of common law. the issue of all which was not only ease to the people , but a great escape from the rigor of the councel-table in the star-chamber , and the kings-bench at westminster , on the one side , and also from the gripe of the clergy on the other ; who hitherto held the cognisance of the markets in weights and measures to themselves . this modell so pleased all men , that richard the second , that was pleased with nothing but his owne pleasure , gave unto the justices of peace yet further power to execute the statute at northampton , against riotous ridings , and to settle the wages of labourers and servants , to punish unlawfull huntings by the meaner sort of people , and regrators of wooll , fals weights in the staple , unlawfull wearing of liveries , and unlawfull fishings , contrary to the statute at westminster , . thus was the power of justices of the peace grown to that heighth in these and other things , that it undermined , not onely the councel-table and kings bench , but the commissions of gaole delivery , and of oier and terminer , so farre forth as their work was , much lesse then formerly , for neighbous in cases of crime , are better trusted , with the lives and estates of men , then strangers , so as in all this the people are still the gainers . the manner of judicature by these justices of the peace still remains : nothing appears by any statute in these times , that one justice of the peace might doe alone , but record a forcible detainer , although questionlesse in point of present security of the peace and good behavior by the intent of the statutes , he might doe many things , but in cases of oier and terminer , all must be done in publique sessions , which the justices of the peace had power to hold by commission onely , untill the thirty sixth year of edward the third , and ever after that they held their sessions , by vertue of the statutes , and had power to determine divers things in their sessions , according to discretion . these were remedies after the fact , now see what preventing physick these times afforded . one thing that much irritated the spirits of men into discontents , was false newes , or slanderous reports , raised and spread amongst the great men : for in these times the lords were of such considerable a power as the vexation of one lord , proved the vexation of a multitude of the meaner sort ; and though the statute of westminster the . formerly had provided against such tales , yet it touched onely such as concerned discord between the king and people , although by implication also it might be construed to extend further . but richard the second , willing to live in quiet , that he might injoy his pleasure , would have the people know their duties in plain words , and agreed to a law , that all such as published such false newes , tending to sow strife between the great men , should be imprisoned untill the first mover was found , and if he were not found , then the relator should be punished by advice of the councell : so much power was then given to the councell , what ever it was . thus the seed was choked , or was so intended to be , though every passion was not thus suppressed : for some angers conquer all feare , and will hold possession , come what will : in the next place therefore , provision is made against the first actings in sorting of parties , by tokens and liveries ; utterly inhibiting the meaner sort of the people , from giving of liveries to maintain quarrells , upon pain of fine and imprisonment , and the triall to be before the justices of assize , which it seems was in affirmance of former lawes , as by the preamble of the statute doth appeare , though the lawes themselves are not extant . about fifteen years after , it was by sad experience found , that the lords maintained quarrells by multitude of liveries , and therefore another law was made inhibiting the lords to give liveries to any , but their meniall servants ; and it s ordered , that the justices of the peace , shall make inquiry of such offences , and punish them according to their discretion . a third prevention was provided against gathering together of parties , after they are sorted . for the humors may so abound , as nothing will keep them in ; they must either breake out into a sore , or a long sicknes of state will certainly follow ; to this end therefore , the statute made at northampton , is again revived , expresly forbidding all persons to ride armed , unles in some particular cases of executing justice , or guarding the person of the king , or his justices , and such like : and if men will be so adventerous , as to outdare law , by publique force , troopings together , and riotous ridings : another course is taken , not by commission of the peace , but rather of warre , directed unto valiant persons in every county , and they have power thereby to apprehend such offenders , and imprison them untill the goale-delivery , though no indictment be found thereof , untill the goale-delivery shall be . by this commission therefore power is given of posse comitatus , in nature of a commission of array , with an additionall power of fighting and destroying , so as though the king granteth the power by the commission , yet the parliament giveth the power to the commission ; and be it a commission for peace or warre , it is originally from that power . the fourth and last prevention , was the taking away means of continuance and supporting such riotous wayes , viz. castles and goales out of the custody of private hands , and restoring them to their counties . : for goales and castles are taken promiscuously for places of security , in times of peace to keep ill persons from going out , and in times of warre , from getting in : amongst these , some belonged to the king , and were committed to such as he favoured , who commonly ( in such times of oppression and violence ) grew too big for justice , usurping a gaole-delivery , and making such places of strength many times , even to the innocent , a prison to keep them from the law , but unto guilty persons an assilum to defend them against the law. and these thus belonging to the king , were under no law , but of prerogative , whereas other castles of private persons were under the yoake of the statute , e. . for remedy of all which , the kings castles are once more returned to the sheriffes custody , by act of parliament ; who questionlesse hath the power to dispose of all places of strength , whether in order to peace , or warre , and could not dispose them into a more fafe , and indifferent hand , then the sheriffes ; who is as well the kings officer , as the kingdomes servant , and much intrusted by the law in the execution of its owne power . and thus is this nation now prepared for a settled peace , a condition that is long in ripening , and soon rotten , unlesse it be well fenced , and over-awed by a good conscience : but richard the second , was neither so good , nor so happy ; his heart affected to be high , but his head could not bear it ; he turns giddy , and runs far wide : those that would reduce him , he inforces into forrain countries ; and himselfe holds on his careere over hedge and ditch into ireland , where under pretention of holding possession of that kingdome , he lost england , and whiles he playes his game in that country , another playes king , by your leave , in this , and steps into the throne ; teaching the king thereby this lesson , though too late ; that nonresidency is dangerous for a preist , but unto a prince , fatall , unlesse his subjests be fast to him , when he is loose to them . chap. xiii . a view of the summary courses of henry the fourth , henry the fifth , and henry the sixth , in their severall reignes . he that played this pranke was the banished duke of hertford , sonne of john of gaunt , and by his death , now become duke of lancaster by title , and as the times then were , it proved not hard to get more : for in uncertain common-wealths , it is an easie thing for a man of opinion , that hath lesse then his due , to get more then he ought . as sonne of john of gaunt , this duke had the peoples good wishes ; he ( a wise and a brave man , and under oppression ) gained the more upon the people , by how much they love brave men , and compassionate , such as suffer wrong , especially from such persons , from whom they all found the like measure . all these concurring with the kings absence , invited the duke to adventure himself upon the influence of the peoples favour , to gain his own right , and what more the people would allow him ; and if no more , yet his honour is saved , he came for his own , and attained his end . thus then he comes over , without army , or forraine power , or other help , saving the advice and interest of arch-bishop arundell , who was his companion in suffering , partner in the cause , and no lesse welcome to the clergy , then the duke himself was to the people ; and so gained power to the duke , though he brought none . upon their arivall the aspects of all are benigne ; the dukedome waits for him , and in that , as in a mirrour he beholds the way fair and easie ; yet further , it pities him to see the kingdome so torne in peices and spoyled : the people knew him able , and hoped him willing to amend all ; they offer him their service , which he accepts , and therewith the crowne : so hard a thing it is for to put a stop to a conquerour in his careere . by this time was the duke of hertford thus become duke of lancaster , and king of england , under the name of henry the fourth , by a designe , that in the proof was more easie then commendable ; and which being effected , cost more skill to make that seem fair , which was so foul , then to accomplish the thing . he therefore first heaps together titles , enough to have buried the clamour of usurpation , if it would have succeeded . conquest was a title freest from dispute , whiles power holds ; but it lookes better from a forrain enemy , then one sworn to the english crowne ; and therefore after that had served his turne , he disclaymed it as that which was , though meet enough to have , yet unmeet to hold . his right by designation from his predecessour , he glanced upon , but durst not adventure it too deep into the peoples consideration , whose ancestors had formerly over-ruled the case against king john. he then stayed upon a concealed title , from a concealed sonne of henry the third , of whom they who listed might be perswaded ; but few beleived the thing , nor did himself , but thence takes his flight up to a jus divinum , or some hidden fate that called him to the worke ; but even there his wings failed him , and so he falls flat upon the peoples election , de bene esse . some of these , or all together might make title enough for a great man that resolved to hold by hooke , what he had got by crooke ; and therefore trussing them up all together , he enters his claime to the crown , as comming from the blood royall from king henry , and through the right that god his grace hath sent me ; with the help of my kinne , and freinds , to recover the same , which was in point to be undone , for want of good governance , and due justice : the extract of all , is , that he was chosen by the people and parliament then sitting : and allbeit that by the resignation of richard the second , the parliament might seem , in strict construction of law , to be expired , together with the kings power , who called them together , yet did not that parliament so apprehend the matter , but proceeded , not onely to definitive sentence of deposing him , but declared themselves by their commissaries , to be the three states , and representative of the people of england , maintaining thereby their subsistency by the consistence of the members together , although their cheif was for the present like a head in a trance , till they had chosen henry the fourth to succeed in the throne , by this means preventing the conceit of discontinuance in the very bud of the notion . much like his entry was his continuance , a continuall tide of forraine and domesticke warre and conspiracy , enough to exercise his great courage , although he was more wise then warlike , being loath to take up armes ; ( for well he knew , that a sick title never sleeps but in a bed of peace ) and more loth to lay them down ; for besides victory , whereby he gained upon his enemies in time of warre ; he knew how to make advantage of them in time of peace , to secure his freinds to keep others in awe , to inforce such lawes as stood with reason of state , and the present posture of affaires , and where lawes failed , to fill up the period with dictates of his owne will. and upon this account the product was a government full of ulcers , of blood-shed , without regard of persons , whether of the lay , or religious order , without legall triall , or priviledge of clerke . so was arch bishop walden dethroned , arch bishop scroope put to death , and dukes were dismounted without conviction , or imputation , saving of the kings displeasure : taxes multiplied , although begotten they were upon the parliament , like some monstrous births shewne to the world , to let it know what could be done ; but concealed by historians , to let it know what may not be done . yea , the priviledges of parliament invaded in point of election : a thing that none of his predecessors ever exemplyfied to him , nor none of his successors ever imitated him in ; nor had he purposed it , but that he was loath the people should know more of the government then needs must . to keep off forrain troubles , he made peace with france , for longer time then he lived ; yet was ever infested with the sword of saint paul , in behalf of richard the seconds queene , and with the factions betweene the houses of orleance , and burgundy , in which he had interested himselfe to preserve the forraine neighbour-hood in parties one against another , that himselfe might attend his owne security at home . he would have moved the scots , but they were already under english banners ; nor could he reach so farre , having so many enemies even in his owne bosome . the welsh were big with antiquity , and mountains of defence ; they beginne to bethinke themselves of their ancient principality , hold the kings armes at hard duty , till by lawes enacted in parliament , they lost their liberties of bearing office ministeriall , or of judicature , of holding castle , of convention without the kings licence , yea , of purchase ; and so by degrees were brought downe from the height of a free principality to be starved in their power , and inferiour to a free people . and thus the welsh on the one side , the discontented lords on the other ; and mortimars title in all , so busied the king , as though he lopped off the tops as they sprang up , yet they sprang forth as they were lopped ; nor was it the kings lot all this while to finde out the root of all , or to strike at that . lastly , when time had made all troublers weary , yet he stil sits upon thornes ; he was jealous of his subjects , jealous of his son , yea jealous of himself . it being ever the first and last of his thoughts , how to keep his crowne . for the most part of his reigne , he was troubled with the walking ghosts of richard the second ; ever and anon he was alive , he was here , he was there , and so the peoples mindes were alwayes kept at random ; but when all these spirits are conjured downe , richard the seconds ghoste is yet within henries owne breast . so ruled henry the fourth , an unhappy confident man , that durst undertake more then he would , did more then he ought , was successfull in what he did , yet never attained his end ; to be sure of his crowne , and quiet of minde . for a plaister to this sore , he turned somewhat towards religion ; but shewed it more in zeale to church-men , then workes of piety , and therefore may be thought to regard them , rather as his best freinds in right of arch bishop arundell , then as in relation to religion ; yet as if he overlooked that , he desires their prayers , becomes a strict observer of superstitious rights , is fiery zealous against the lollards , intends a journey into the holy land , and warr against the infidels , ( the common physick of guilty kings in those dayes . ) breifly , he did will to do any thing but undoe what he had done ; and had done more , had his journey to the holy land succeeded ; but ( whither hastned or delayed , by a prophesie of the ending of his dayes , falls not within my penn to censure : ) entring upon the worke he died ; in the beginning of his purposes , in the midst of his feares , never came to the holy land , and yet yeilded up his last breath in jerusalem . the parliament was then sitting , and was witnesse of the death of henry the fourth , as it had beene of his entrance upon the throne , as if purposed to see to the cours of the crowne , in the doubtfull currant ; betweene the two houses of lancaster , and yorke , and to maintaine their own honor in directing the scepter according to their warranty upon a late intaile by act of parliament ; yet did not all rest upon this ; for the heire of henry the fourth was a man every inch of him , and meant not to moote upon the point : his father died a king , and he his heire ; had the crowne , and was resolved to hold it : a rough young man he had beene formerly , and bold enough to outface small doubts in point of succession , for he could ( for a need ) outface common civility it selfe . this might have lien in his way , for he that cannot govern himselfe , can much lesse govern a kingdome : yet a hidden providence concluded quite contrary , and rendred him a cleare testimony of a strange change by the annointing oyle , like that of saul that forthwith had the spirit of another man : so though not hammered thereto by affliction , as was edward the first ; yet was he his parallell in government and superiour in successe . being seated in the throne , all men thought it dangerous to abide the adventure of the turne of this kings spirit . the clergy had but yesterday tryed the mastery with the laity , and gained it but by one vote ; there was no dealing with the clergy , while arch bishop arundell lived , nor with him whiles henry the fourth lived , or his merits were in memory , but now they both are dead , the clergy , and the laity , are upon even ground ; this might make the clergy now not over confident : the lords looked on the king as a man like enough to strike him that stands next : the wise men saw he would be doing ; all men were tired with intestine quarrells ; and jumped in one , that he that would be in action should act abroad , where he might get renowne , and a purchase big enough for his spirit . scotland was a kingdome yet incompetent to the kings appetite . france was the fairer marke and better game , and though too big for the english gripe , yet the eagle stooped , and sped himselfe so well , as within six yeares he fastned upon the sword and scepter , and a daughter of france , and might have seised the crowne ; but chose to suffer a blurr to lye upon his title derived from edward the third , rather then to incurr the censure of arrogancy over a stooping enemy ; or to pluck the fruit from the tree before it was fully ripe ; which in time would fall into his lap , by a better law then that of the sword ; otherwise it might be well conceited , that he that hath both right and power , and will not seise , disclaimes . besides the king was as well inheritor to his fathers fate as crowne ; still he had successe , but the end was so farr distant that he died in the way thereto ▪ the brave dauphine of france maintaining warr ( after his father , the french king had yeilded up the bucklers to henry the fifth ) till henry the fifth died , and the english did foregoe what they had formerly gotten in france , by the sword of that great commander . nor did the english gaine any thing in the conclusion of this warr , but an honorable windy repute , of being one of the five cheif nations of christendome , ( if honor it be to be reputed amongst the nations ) a conquerer of france ; the cheif leader unto the dethroning of three popes at once , the election of pope martin , and of giving a cure to that deadly wound of the popedome , which had spent the bloud of two hundred thousand mens lives lost in that quarrell . these forraine ingagements made the king lesse solicitous , of point of prerogative at home ; and the rather , because he knew the way to conquer ; his private enemies armes , and his subjects hearts ; without losse of honor in the one , or reverence in the other . he loved justice above the ranke of his predecessors , and in some respects above himselfe ; for he advanced gascoigne for doing justice , though to the kings owne shame . he liked not to intrude himselfe into elections , and therefore though requested by the monks of canterbury , he would not nominate a successor to arch bishop arundell , but left the whole worke to them . in the authority of his place , he was moderate , and where his predecessors did matters without the lords consent , when he made his uncle the marquis of dorcet duke of exceter and had given him a pention to maintaine that honor , he asked the lords consent thereto . to the clergy he was more then just , if not indulgent , led thereto by his fathers example , as being wrapped up in the same interest as i conceive , rather then out of any liking of their wayes , now growing more bold upon usurpation then in former times . or it may be that having prevailed in that work in france , which to any rationall man must needs appear above the power of the king , and all the realm of england ; he looked upon it as more then humane , and himself as an instrument of miracles ; and was stirred up in his zeal to god , according to his understanding in those darke times , to give the clergy scope , and to pleasure them with their liberty of the canon law , that began now to thunder with fire and terror , in such manner , that neither greatnesse nor multitude could withstand the dint , as was evidenced in that penance inflicted upon the lord strange , and his lady , in case of bloodshed in holy ground , and their hot pursuit of the lord cobham , unto a death of a new nature , for somewhat done , which was sometimes called treason , and sometimes heresie : and thus became henry the fifth baptized in the flames of the lollards , as his father had sadly rendered up his spirit in the same . i say , in this he is to be looked upon , as one misled for want of light , rather then in opposition against the light : for in his last will , wherein men are wont to be more serious and sincere ; amongst his private regards , he forgets not to reflect upon religion to this purpose ; we further bequeath ( saith he ) to the redundant mercy of the most excellent saviour , the faith , hope , and charity , the vertue , prosperity , and peace , of the kings our successours , and of our kingdome of england ; that god for his goodnesse sake would protect , visite , and defend them from divisions , dissensions , and from all manner of deceitfulnesse of heretiques . and thus piety , justice , and moderation of henry the fifth , adorned and crowned the honour of his courage , and greatnesse , with that honourable title of prince of preists ; and had he been blessed with a clearer light , he might as well under god have obtained the title of prince of princes , wanting nothing that might have rendered him a president of fame . but the time is now come , that the tide of englands glory must turn , and the sudden conquest in france , by henry the fifth , not unlike the macedonian monarchy , must disgorge it selfe of what it had hastily devoured , but never could digest . three things concurred hereunto , one dangerous , the other two fatall to the flourishing condition of any nation . first , the king is a minor in the least degree that ever any prince sate on english throne ; he entered thereinto , neither knowing what he did , nor where he was ; and some say , he sate therein in his mothers lap : for his life had been more in the wombe , then abroade . a sad presage of what followed , for many men thinke that he was in a lap all his dayes . nor are the cheife men to be blamed herein , for its a certain truth , that its much better that election of a king should be grounded upon a rule that is known , though it be by discent of inheritance , then upon none at all . for if a childe should succeed , or a lunaticke , yet where the principle of government resteth upon the representative of the people , there is the lesse cause of complaint , the government being still the same , both for wisedome , strength , and uniformity ; though it may be the nation not so active and brave . for a common-wealth can admit of no minority , though a monarchy by descent may . secondly , this deficiency in nature might have been supplied , but that these times were unhappy in the great power of the lords ; to please whom , the government is parcelled out into two shares : one is made protectour of the kings person , the other protectour of the kingdome ; too many by one : for let their persons be never so eminent for abilities , if they be not as eminent for humility , and selfe-command , their hearts will soon over-rule their heads into a faction : and therefore though the earle of warwicke was a wise man , and the duke of glocester , a wise man , yet the earle of warwicke with the duke of glocester were not wise . on the other side , the protectorship of the kings person , being in the duke of exceter , and that of the realm in the duke of glocester ; things succeeded passing well , for they both had one publique aime , and the duke of exceter could comply with the spirit of the duke of glocester , who otherwise was not so pliant : but after five years , the duke of exceter dying , and the government of the kings person devolving to the earle of warwicke , who sided with the proud cardinall of winchester , against the duke of glocester , and so not onely consumed the rest of the kings nonage in a restlesse disturbance of affaires , but also dispoyled henry the sixth , of the spirit of a king for the future , and so the kingdome of a king : for it was not the condition of henry the sixth , to be indowed with a spirit of such height , but might well have been led by advice , and needed not the earle of warwicke rugged brow , to overlooke him ; who was not content to have the king onely attendant upon his advice ; but must likewise have him under his rod , to be corrected for his faults , and that by a commission under the kings owne hand and seale , dated in the eleventh yeare of the kings reigne , and so under colour of curbing , he killed that spirit in the king , which otherwise , doubt lesse , had both spirit and pride enough to act himself above his due height , and could not have been so long a childe , and so little a man as he was . it is very true , that henry the fifth by will , seemed to countenance his brothers , and it cannot be denied but the duke of glocester , was of such noble parts , that they could hardly dilate in any work inferiour to the government of a kingdome . neverthelesse , to yeild much to the will of a diseased king in such cases , is as ill a president , as the making of a king by adoption : and it had been better for the people to have adhered to the duke of glocester alone , then by joyning him with another , bring into president such a luxurient complement of state , as a protectorship of a kingdome , which is of such little use to a common-wealth , and of so bitter fruit to the party , as must needs bring repentance when it is too late : for he that can manage the protectorship of a realme , without anger of good men , or envy of bad men , is fitting to live onely with angels , and too good for the world. nor did the duke of glocester meet with better measure , how wise soever he was , and truely devoted to the good of the realme : for after foure and twenty years government , so wisely and faithfully carried on by him , that justice it self could not touch his person ; unjustice did , and he received this reward from his nephew henry the sixth , that he died in the darke , because the cause durst not indure the light . now is henry the sixth , perswaded that he is of full age , he had laid aside his guardian , the duke of glocester ; but forgetting to sue out his livery , he betakes himself from the grace of god , into the warm sunne , ( as the proverb is ) changing the advice of a faithfull experienced wise councellour , for the government of an imperious woman , his queen , who allowed him no more of a king , then the very name ; and that also she abused to outface the world : and after she had removed the duke of glocester out of the way , undertook the sway of the kingdome in her own person , being a forrainer , neither knowing , nor caring for other law , then the will of a woman . thus the glory of the house of lancaster goes down , and now a star of the house of yorke appears in the rising , and the people looke to it . the queene hereat becomes a souldier , and begins the civill warres , between the two houses , wherein ( her english party growing wise and weary ) she prayes aide of ireland , a nation that like unto crowes , ever wait to prey upon the infirmities of england . the warres continue about sixteen yeares by fits , wherin the first losse fell to the english party , the pretentions being yet onely for good government : then the feild is quiet , for about foure yeares , after which the clamor of ill government revives , and together therewith a claime to the crown by the house of yorke is avouched ; thereupon the warres grew hot , for about foure yeares more , and then an ebbe of as long quiet ensues . the tide at last returnes , and in two yeares warre , ends the quarrell , with the death of fourescore princes of the blood royall , and of this good man , but unhappy king. unhappy king , i say , that to purchase his kingdomes freedome from a forraine warre , sold himselfe to a woman , and yet lost his bargaine , and left it to observation ; that a conscientious man , that marries for by-regards , never thrives : for france espied their advantage , they had maintained warre with england , from the death of henry the fifth , with various successe : the duke of bedford being regent for the english , for the space of fourteen yeares mightily sustained the fainting condition of the english affaires in those parts , and having crowned his master henry the sixth in paris , in the ninth yeare died , leaving behinde him an honourable witnesse , even from his enemies , that he was a brave commander , a true patriot , and a faithfull servant , to his lord and brother henry the fifth , and to his sonne henry the sixth . but now the duke of bedford is dead ; and though france had concluded a peace with the english , yet they could not forget the smart of their rod ; but concluded their peace upon a marriage , to be had with a woman of their own blood , and interest ; and what they could not effect by armes in their own feild , they did upon english ground by a feminine spirit , which they sent over into england to be their queen , and in one civill warre ( shedding more english blood by the english sword , then they could formerly doe by all the men of france ) were revenged upon england to the full , at the english mens own charge : for what the english gain by the sword , is commonly lost by discourse . a kingdome is never more befooled , then in the marriage of their king ; if the lady be great , she is good enough , though as jezabell , she will not either reverence her husband , obey her lord and king , nor regard his people . and thus was this kingdome scourged by a marriage , for the sinne of the wise men , that ( building upon a false foundation ) advised the king in the breach of contract with the earle of arminiacks daughter . and thus the king also for that hearkning to such councell , he murthered the duke of glocester , ( that had been to him a father ) yeilded up his power to his queen , ( a masterlesse and proud woman , that made him like a broken idol without use ) suffered a recovery of his crown and scepter in the parliament from his owne issue , to the line of yorke ; then renewing the warre ( at his queens beck ) lost what he had left of his kingdome , countrey , and liberty , and ( like the king that forgot the kindnesse of jehojada ) lost his life by the hand of his servant . chap. xiv . of the parliament , during the reignes of these kings . the interest of the parliament of england , is never more predominant , then when kings want title or age : the first of these was the case of henry the fourth immediately , but of them all in relation to the pretended law of the crown : but henry the sixth , had the disadvantage of both , whereof in its due place . the pretended law of the crown of england , is to hold by inheritance , with power to dispose of the same , in such manner , by such means , and unto such persons , as the king shall please . to this it cannot be denied , divers kings had put in their claimes , by devising their crowne in their last will ; but the successe must be attributed to some power under god , that must be the executor when all is done , and which must in cases of debate concerning succession , determine the matter by a law , best known to the judge himselfe . not much unlike hereunto , is the case of henry the fourth , who like a bud , putting up in the place of a fading leafe , dismounts his predecessor ; first , from the peoples regard , and after from his throne , which being empty , some times he pretending the resignation of his predecessor to him ; other whiles an obscure title by descent , ( his conscience telling him all the while that it was the sword that wrought the worke . ) but when he comes to plead his title to forrain princes by protestation , laying aside the mention of them all ; he justifies upon the unanimous consent of the parliament , and the people in his own onely person : and so before all the world , confessed the authority and power of the parliament of england , in disposing of the crown in speciall cases as a sufficient barr unto any pretended right that might arise from the house of mortimar . and yet because he never walks safely that hath an enemy pursuing him still within reach , he bethinks himself not sure enough , unlesse his next successors follow the dance upon the same foote ; to this end an act of parliament leades the tune , whereby the crowne is granted or confirmed to henry the fourth for life , and intailed upon his sonnes , thomas , john , and humphrey , by a petition presented , . hen. . thus henry the fourth , to save his owne stake , brought his posterity into the like capacity with himselfe , that they must be kings , or not subsist in the world , if the house of yorke prevailes ; and so he becomes secured against the house of yorke , treading on his heeles , unlesse the parliament of england shall eat their owne word : however , for the present the house of lancaster hath the crown intailed , and the inheritance is left in the clouds to be revealed in due time . for though this was the first president of this kinde , yet was it not the last , wherein the parliament exercised a power by grant or confirmation , to direct the law and course of the crown as they pleased . the due consideration hereof , will make the things that follow lesse strange ; for the parliament according to occasion , as the supreame power of this kingdome , exercised supreame jurisdiction in order to the safety of the kingdome , as if no king had beene to be found , in issuing forth writs under the great seale ; concluding of matters without the royall assent : treating of peace with forrain nations , and of other matters , and determining their resolves before discovery made to the king of their councells ; making ordinances , and ruling by them , h. . n. . h. . n. . h. . n. . referring matters determinable in parliament , to be determined according to their directions , authoritate parliamenti : confirming peace made by the king , protesting against peace , made without , or against their consent : making ambassadours with power to ingage for the kingdome : making generals of the army , admiralls at sea , chancellors , barons , and privy councellors , and giving them instructions , h. . n. . & . & . h. . n. . h. . n. . and binding them to observance upon oath , h. . n. . . ordering the person of the king , denying his power of judicature in parliament , and ordering his houshold and revenue ; besides many other particulars . now if such as these things were thus done , not by one parliament , which possibly might be overwayed by factions , but by the course of a series of parliaments , that mightily laboured against faction , and unworthy ends and aimes , that man shal determin the same to be unjust or indiscreet , should himself first be determined to be very just , and exceeding wise . nor was the parliament partiall in all this , but being in a way of reformation , it set upon the work of reforming it selfe . some that are very zealous in the point of arbitrary and absolute government of kings in this nation , and all in other , amongst other grounds , rest upon this one , that an english king hath power to call parliaments , and dissolve them ; to make and unmake members as he shal please . i do easily grant that kings have many occasions and opportunities to beguile their people , yet can they do nothing as kings , but what of right they ought to doe : they may call parliaments , but neither as often or seldome as they please , if the statute-laws of this realme might take place : nor if they could , is that power necessarily , and absolutely arising from supremacy ; seeing it is well known that such power is betrusted by the superiour states in other nations , to the inferiour , who dayly attend on publique affaires , and therefore can discern when the generall conventions are most necessary . as touching the dissolving of parliaments against the wills of the houses , its true that sad presidents have beene of later times in that kinde ; and so for want of due attendance , parliaments have been inforced to adjourn , to prevent a worse inconvenience ; but these are infirmities , better buried in silence , then produced as arguments of power , seeing its evident that kings themselves were no greater gainers thereby , then an angry man is by his passions . it is true also that kings may make lords , and corporations , that may send their burgesses to the parliament , and thus the king may make as many as he will ( as the pope did with the bishops in the councill of trent ) yet cannot he unmake them when he pleases , nor take the members from the parliament , without attainder and forfeiture , according to the knowne law : neither can all these instances prove , that the kings of england have the sole and supreame power over the parliament : nor did the parliament in these times allow of any such authority , and therefore proceeded for the reforming of themselves , by themselves , in many particulars as the statutes do hold forth . and first in the point of elections , ( for an error in that , is like an error in the first concoction , that spoiles the whole nutriment , ) they ordained that the election of knights shall be at the next county court , after the writ delivered to the sheriffe . that in full court betweene the houres of eight and nine in the morning , proclamation shall be made of the day and place of the parliament . that the suters duely summoned , and others there present , shall then proceed to the election ; notwithstanding any prayer or commandement to the contrary . that the names of the persons elected , ( whether present or absent they be ) shall be returned by indenture , betweene the sheriffe and the elizors ; and that a clause to that end shall be added to the writ of summons . this was enough to make the sheriffe understand , but not to obey , till a penalty of one hundred pound is by other lawes imposed upon him , and a yeares imprisonment without baile or mainprise , besides damages for false return in such cases : and the party so unduely returned , fined , and deprived of all the wages for his service . thus the manner of election is reduced ; but the persons are more considerable : for hitherto any man of english blood promiscuously had right to give or receive a vote , although his residency were over the wide world. but the parliament in the time of henry the fifth , reduced these also , ( whether they were such as did chuse , or were chosen ) unto their proper counties , or else rendered them uncapable to vote or serve for any county . and the like order was made for the burroughs , viz. that no person must serve for any city or burrough , nor give vote in electing such as shall serve for that towne , unlesse they be both free , and resiants within that city or burrough : a law no lesse wholsome then seasonable . for the times of henry the fourth , had taught men to know by experience , that a king that hath souldiers scattered over the kingdome , can easily sway the county-courts , and make parliaments for their owne tooth . yet this was not enough , for all elizors , though of the meanest sort , yet are still able to doe as much hurt with their vote , as those of the best sort both for wisedome and publique minde , can doe good by theirs . this made elections much subject to parties , and confusions , and rendered the parliament much lesse considerable . a remedy hereunto is provided , in the minority of henry the sixth , viz. that no man should give his vote in elections in the county , unlesse he hath forty shillings yearely in free lands or tenements , and this is to be testified upon oath of the party . and more plainly it is ordered ( within two yeares after ) that each elizor shall have frank tenement of that vallue within the same county . and thus the freemen yeilded up their liberty of election to the free-holders , possibly not knowing what they did ; neverthelesse , the parliament well knew what they did ; this change was no lesse good then great . for first , these times were no times for any great measure of civility : the preface of the statute shewes , that the meanest held himself as good a man , as the greatest in the countrey , and this tended to parties , tumults , and bloodshed . secondly , where the multitude prevaile , the meaner sort are upon the upper hand ; and these ( generally ignorant ) cannot judge of persons , nor times , but being for the most part led by faction or affection , rather then by right understanding , make their elections , and thereby the generall councell of this nation , lesse generous and noble . thirdly , there is no lesse equity in the change , then policy : for what can be more reasonable , then that those men onely , should have their votes in election of the common councell of the kingdome , whose estates are chargeable with the publique taxes and assessements , and with the wages of those persons that are chosen for the publique service : but above all the rest , this advancing of the free-holders in this manner of election , was beneficiall to the free-men of england , although perchance they considered not thereof ; and this will more clearly appeare in the consideration of these three particulars . first , it abated the power of the lords , and great men , who held the inferiour sort at their devotion , and much of what they had by their vote . secondly , it rendered the body of the people more brave ; for the advancing of the free-holder , above the free-man , raiseth the spirit of the meaner sort to publique regards , and ( under a kinde of ambition ) to aspire unto the degree of a free-holder . that they may be some what in the common-wealth , and thus leaving the meanest rank sifted to the very branne , they become lesse considerable , and more subject to coercive power , whiles in the mean time the free-holder now advanced unto the degree of a yeoman , becomes no lesse carefull to maintain correspondency with the lawes , then he was industrious in the attaining of his degree . thirdly , by this means now the law makes a separation of the inferiour clergy , and cloystered people , from this service , wherein they might serve particular ends much , but rome much more . for nothing appeareth , but that these dead persons in law , were neverthelesse fsee-men in fact , and lost not the liberty of their birth-right , by entering into religion , to become thereby either bond , or no free-members of the people of england . lastly , as a binding plaister above the rest , first a negative law is made , that the persons elected in the county must not be of the degree of a yeoman , but of the most noted knights , esquires , or gentlemen of the countrey ; which tacitely implies that it was too common to advance those of the meaner sort ; whether by reason of the former wasting times , knights and esquires were grown scant in number , or ( by reason of their rudenesse ) in account : or it may be the yeomanry grew now to feel their strength , and meant not to be further underlings to the great men , then they are to their fethers , to were them no longer then they will make them brave . secondly , the person thus agreed upon , his intertainment must be accordingly , and therefore the manner of taxing in full county , and levying the rate of wages for their maintenance , is reformed and settled . and lastly , their persons are put under the protection of the law in an especiall manner , for as their work is full of reflexion , so formerly they had met with many sad influences for their labour . and therefore a penall law is made against force to be made upon the persons of those workmen of state , either in their going to that service , or attending thereupon , making such delinquents liable to fine and imprisonment , and double damages . and thus however the times were full of confusions , yet a foundation was laid of a more uniforme government in future times , then england hitherto had seen . cahp. xv. of the custos , or , protector regni . kings though they have vast dimensions , yet are not infinite , nor greater then the bounds of one kingdome , wherein , if present , they are in all places present ; if otherwise , they are like the sunn gone down ; and must rule by reflexion , as the moone in the night : in a mixt common wealth , they are integrall members , and therefore regularly must act ; per deputatum , when their persons are absent in another ligialty , and cannot act , per se : partly because their lustre is somewhat eclipsed by another horizon ; and partly because by common intendment they cannot take notice of things done in their absence . it hath therefore been the ancient course of kings of this nation , to constitute vicegerents in their absence ' giving them severall titles , and severall powers , according as the necessity of affaires required : sometimes they are called lord warden , or lord keeper of the kingdome , and have therewith the generall power of a king , as it was with john warren earle of surry appointed therunto by edw. the first , who had not onely power to command but to grant , and this power extended both to england and scotland . and peter gaveston ( though a forrainer ) had the like power given him by edward the second over england , to the reproach of the english nobility , which also they revenged afterward . somtimes these vicegerents are called lievtenants , which seemeth to conferr onely the kings power in the militia , as a lievtenant generall in an army . and thus richard the second made edmund duke of yorke , his lievtenant of the kingdome of england , to oppose the entry of the duke of hertford . ( afterwards called henry the fourth ) into england , during the kings absence in ireland : and in the mean while the other part of the royalty which concerned the revenues of the crowne was betrusted to the earle of wiltshire , sir john bush , sir james baggot , and sir henry green , unto whom ( men say ) the king put his kingdome to farme . but more ordinarily the kings power was delegated unto one , under both the titles of lord gaurdian of the kingdome , and lievtenant within the same ; such was the title of henry lacy earle of lincolne , and of gilbert de clare earle of glocester , and of audomar de valentia , earle of pembroke , all of them at severall times so constituted by edward the second , as by the patent roles appeareth : so likewise did edward the third , make his brother john of e●tham twice , and the black prince thrice , and lionell duke clarence , and his brother thomas , each of them once in the severall passages of edward the third beyond the sea , in the third , fifth , twelfth , fourteenth , sixteenth , nineteenth , and thirty third years of his reigne concerning which see the patent rolls of those yeares . and henry the fifth gave likewise the same title and authority to the duke of bedford , upon the kings voyage into france ; and afterward that duke being sent over to second the king in the french wars , the duke of glocester obtained the same power and place . but henry the sixth added a further title of protector , and defendor of the kingdome and church of england ; this was first given to the duke of bedford , and afterwards he being made regent of france , it was conferred upon the duke of glocester . and towards the later time of henry the sixth , it was granted by him to richard duke of yorke . this title carried along with it a power , different from that of a king onely in honor , and the person so adorned may be said to sway the scepter , but not to weare the crowne . and therefore in the minority of henry the sixth , when as the government was ordered by the parliament , and to that end a protector was made , and he wel guarded with a privy councill , and they provided with instructions , one of them was , that in all matters not to be transacted ordinarily but by the kings expresse consent , the privy councell should advise with the prorector ; but this is not so needfull , in regard that it concerneth the power of executing of lawes , which by right of the liberty of the subject is the known duty of the scepter , in whose hands soever it is holden . and therefore i shall passe to the legislative power , wherein its evident that the protectors power was no whit inferiour to the kings power . for first the protector , ex officio , by advice of the councell , did summon parliaments by writs , even as the kings themselves , under their owne teste ; and if not bear the royall assent , yet did they direct the same , and received petitions in parliament to them directed as to kings , and every way supplied the roome of a king , in order to the perfecting , publishing , and inforcing of law to execution , secondly , the parliaments holden by protectors , and lawes therein made , are no whit inferiour to those by the king , whether for honour , or power : and therefore , if a parliament be-holden by the lord warden , and sitting the parliament , the king in person shall arrive , and be there present ; neither is the parliament interrupted thereby , nor the power thereof changed at all ; though the power and place of the wardenship of the kingdome , doth utterly vanish by the personall accesse of the king ; because in all cases where the king is subservient to the kingdome , or the common-wealth : the lord warden in his absence is conservient unto him , being in his stead , and not under him , for the very place supposeth him as not , because not present . and this was by a law declaratively published at such time as henry the fifth was regent of france , and therefore by common presumption , was likely to have much occasion of residence in that kingdome , and it holdeth in equall force with all other lawes of the highest size , which is the rather to be noted because it is ( though under a protector ) obligatory to the king , and makes his personall presence no more considerable then the presence of his shadow . for the king spent three whole yeares in the french warres , and during that time never saw england , where neverthelesse in that interim three parliaments had been holden , one by the duke of bedford , and two by the duke of glocester ; in the last of which this law was made . and in truth if wee looke upon this title of the kingdomes guardianship in its bare lineaments , without lights and shadows , it will appeare little better then a crown of feathers worne onely for bravery , and in nothing adding to the real ability of the governing part of this nation : neither were the persons of these magnificoes so wel deserving , nor did the nation expect any such matter from them . edward the first was a wise king , and yet in his absence chose edward the second to hold that place , he being then not above fourteen yeares of age ; afterwards edward the seconds queen , and the lords of her party , were wise enough in their way , and yet they chose edward the third to be the custos regni , then not fourteen yeares old , his father in the meane time being neither absent from the kingdome nor deposed , but onely dismissed from acting in the adminstration of the government . edward the third follows the same example , he first makes his brother john of eltham , custos regni , and this he did at two several times , once when he was but eleven yeares old , afterwards ▪ when hee was about fourteene : then he made his sonne the black prince upon severall occasions three times lord warden of the kingdome , once he being about nine yeares old , and againe when he was eleven yeares old , and once when about fourteen yeares old . lastly , edward the third appointed his son lionell duke clarence unto this place of custos regni , when as he was scarce eight years old ; all which will appeare upon the comparing their ages with the severall rolls of e . and , , , , , , e . if therefore the worke of a custos regni be such as may be as wel done by the infants of kings as by the wisest councellor , or most valiant man ; it is in my opinion manifest that the place is of little other use to this common-wealth then to serve as attire to a comely person , to make it seeme more faire because it is in fashion , nor doth it advance the vallue of a king , one graine above what his personall endowments doe deserve . hitherto of the title and power ; the next consideration will be of the original fountain from whence it is derived , wherein the presidents are cleare and plaine , that ordinarily they are the next and immediate ofspring of kings , if they be present whithin the foure seas ; to be by them enabled by letters patents or commission : but whether present or absent , the parliament when it sate did ever peruse their authority , and if it saw need , changed , inlarged , or abridged , both it and them . thus was the duke of glocester made lord warden in the time of henry the fifth ( he being then in france ) in the roome of the duke of bedford , the like also in henry the sixths time , when as the king was young ; for then the parliament made the duke of bedford lord warden , and added unto that title , the title of protector . afterward at the dukes going over into france , they committed that service to the duke of glocester ( if i forget not the nature of the roll ) during the duke of bedfords absence , and with a salvo of his right . nor unlike hereunto was the course that was taken by the parliament in these sullen later times of henry the sixth , whereof more hereafter in the next paragraph . lastly , the limitation of this high power and title is different according to the occasion , for the guardianship of the kingdome by common intendment , is to endure no longer then the king is absent from the helme , either by voluntary deserting the worke , or imployment in forrain parts ; though united they be under the government of the same king ; together with this nation , such as are these parts of france , and ireland , and scotland , then under the english fee : this is apparent from the nature of that statute of henry the fifth formerly mentioned ; for if there was need to provide by that statute , that the kings arrivall and personall presence should not dissolve the parliament , assembled by the authority of the custos regni ; then doth it imply , that the personall presence of the king , by and upon his arrivall had otherwise determined the parliament and that authority whereby it sate . but the presidents are more cleare , all of them generally running in these or the like words , in absentia regis , or quamdiu rex fuerit in partibus transmarinis . it is also to be granted , that the kings will is many times subjoyned thereunto , as if it were in him to displace them , and place others in his absence ; yet doe i finde no president of any such nature , without the concurrence of the lords or parliament , and yet that the parliament hath ordered such things without his consent . for when richard the first , passing to the holy land , had left the bishop of ely to execute that place during his absence in remote parts ; the lords finding the bishop unfaithfull in his charge , excluded him both from that place and kingdome , and made the kings brother john , lord warden in his stead . but in the case of the protectorship , which supposeth disability in the person of the king , the same by common intendment is to continue during the kings disability ; and therefore in the case of henry the sixth , it was determined , that the protectorship doth ipso facto , cease at the kings coronation , because thereby the king is supposed able to govern ; although in later times it hath not so beene holden : for kings have been capable of that ceremony , as soon as of the title , and yet commonly are supposed to be under the rule of necessity of protectorship , till they be fourteen years of age , or ( as the case may be ) longer : for although henry the sixth was once thought ripe , when he was eight yeares old , yet in the issue he proved scarce ripe for the crowne at his two and twentieth yeare . neverthelesse , the default of age is not the onely incapacity of kings ; they have infirmities as other men , yea more dangerous then any other man ; which though an unpleasant tune it be to harp upon , yet it is a theame , that nations sometimes are inforced to ruminate upon , when god will give them kings in his wrath , and those also over to their own lusts in his anger . in such cases therefore , this nation sometimes have fled to the refuge of a protector , and seldome it is , that they can determine for how long : when henry the sixth , was above thirty yeares old ; richard duke of yorke was made protector , and defendor of the realme , and of the church ; it was done ( if the record saith true ) by the king himselfe , autoritate parliamenti : it was further provided by the parliament , that though this was to continue , quamdiu regi placuerit , yet the duke should hold that place , till the kings sonne edward , should come to yeares of discretion , and shall declare that he will take that place upon himself . the ground hereof is said to be , that the king was , gravi infirmitate detentus , which could not be intended of any bodily distemper ; for neither doth any such thing appeare by any author , or record . nor if such had been , yet had it been an irrationall thing in the parliament , to determine the same upon the princes discretion , and acceptance of the charge upon himselfe . it seemeth therefore , that it was , gravis infirmitas animi , and that this way of the parliament tended to a tacite sliding him out of the government of the kingdome , by a moderate expression of a generall incapacity in his person . the conclusion of all that hath beene said concerning this title , is double : one , that both the custos regni , and protector , are not subsistent , but consistent , with that of a king , because it supposes a king under incapacity . secondly , that they tend to teach the people a necessity of having one cheife , although it may , in truth , seem to be but a tricke of state ; like some pretty carved cherubims in the roofe of a building , that doe seeme to beare it up , when as , in truth , it is the pillers that supporteth both it and them . chap. xvi . concerning the privy councell . nations doe meet with their exigencies as well as persons , and in such condition , resolutions taken up by sudden conceit , are many times more effectuall then more mature deliberations , which require more time in composing , are more slow in conclusion , let slip opportunities , and fall short of expectation in the end . such are the wayes of debate in the grand representative of the kingdome . add hereunto , that in putting the lawes in execution , greater discretion is required , then can enter into the head of any one man , and greater speed then can stand with debate amongst many : and therefore it is beyond all doubt , that the conventicles of councell , are no lesse necessary in their degree , then the assembly of the estates of this nation , in their grand convention . yet with this caveat , that one genius may move in both ; for otherwise the motions of government must needs be inconstant , inconsistent , and like that of an hipocrite , one way abroade , another way at home ; neither comfortable to it selfe , nor confiding to others : and therefore cannot these privater councells , by any proportion of reason , be better constituted , then by the representative it selfe , that it may be a creature made in its owne image , one and the same , with the image of the maker . this was the wisedome and the practise of these times , more ordinarily then in the former ; for the parliament was no lesse jealous of the power of henry the fourth , then of the infirmities of henry the sixth ; nor more assured in the aimes of any of them all , then themselves were in their own title to the crown . neither was this sufficient , for the parliament looked upon themselves as a body that somtimes must retire to rest , and upon the privy councel , as watch-men subject to change , and therefore they not onely give them instructions , but ingage them unto observance . their instructions were somtimes occasionall but some more generall , of which i shall instance onely in two , which were to be of everlasting regard . first , that they should hold no pleas before them , that is to say , at the councell table , or at the privy councell , nor before any of them , unlesse as judges in the chancery exchequer , or benches at westminster , so as whatsoever miscarriages were had by the privy councell in cases of judicature in the star-chamber formerly , are now reduced ; the second rule was this , that no dispatches should be made at the councell table of any matters there agitated , but by generall consent . unity gives life to action , carrying therewith both authority and power ; and when all is done , must derive its originall from without , and in all good ends from above . and therefore as a seale to all the rest it was wisely done by the parliament to draw the minds of the privy councell together , and to present them joyntly before god , by an oath oblieging themselves to a solemn and constant observance of their instructons , and to persevere therein ; for the unchangeable god can onely stamp a lasting image upon the minde , and bind the same ( that is so subject to change ) to an unchangeable law ; whereby the people may be made as happy for continuance as for righteousnesse and peace . the privy councell thus settled , dressed , and girt , becomes of high esteeme , both for trust and honorable imployment in great matters . the mint is the very liver of the nation , and was wont to be the cheife care of the parliament it selfe in all the dimensions thereof ; now the mint is two wayes considered , viz : either in the vallue of the mettall and mony , or in the coynage . the first of these & things most immediatly concurring therewith , the parliament still retaines to its owne immediate survey ; such as are the inhibiting of exportation of gold , and silver ; and of melting of coyne into plate or bullion ; the regulating of the currant of forraine coyne , the reducing of money , both eorrain and domestick , imbased by counterfeiture , clipping , washing , &c. the regulating of allay of gold and silver ; the regulating exchange , and such like ; concerning all which , the reader may please to peruse the statutes , h. . cap. , , , . h. . cap. . h. . stat. . & . cap. . & . cap. . and h. . cap. . the second consideration touching the mint , concerned the election , and government of the officers , touching the mint and exchange , or the places where they shal be holden , which with some other matters of inferiour nature , were left to the order of the privy councell , either with the king , or alone , in case of the kings absence or disability . a second power given to the privy councell , was in point of trade , and merchandize : formerly they had somewhat to doe therein , but still the parliament set out their bounds in richard the seconds time , the people had liberty of trade in some commodities , by way of exportation , but the privy councell might restrain them upon inconvenience to the publique : now the same is confirmed , and though it concerned corne onely , yet it was a president that led the way to a much larger power in the trade of the staple commodities of this iland , to inlarge or straiten it as they thought meet ; and so they became in a fair way to have a principall power over the revenues and riches of this nation . but this lasted not long , for within ten yeares , these licences of transportation cost the merchant so much , as he could make little gaines of all his care and paines , and therefore a rule is set to a generall allowance of all transportation of corn , till the price of wheat came to a noble , and barly at three shillings , and no longer . this being first made temporary , was afterwards made perpetuall , and so gave a restraint unto the power of the king and councell . but where no positive restraint was made by any statute , the king and councell seemed to have the sole power left unto them , to open and shut the passes of trade as they pleased : for whereas the commodity of butter , and cheese , was made staple , the king and councell had power to stop the sale thereof ; notwithstanding , that the law gave full liberty to the subjects to bring all their staple commodities to the staple : neverthelesse , this power in the king is not primitive , but derived from the parliament , for they had power over the kings licences , and restraints in such cases , as by the severall statutes doe appeare . a third power given to the privy councell , was a power of summons and processe against delinquents , in cases of riots , extortions , oppressions , and greivous offences ; the summons to be by privy seale , the process , proclamations , and for non-appearance , forfeiture , if the delinquent be of the degree of a lord , if of inferiour ranke , then a fine or outlary . at the first view the statute hath an ill-favoured aspect , as if it raised up a new court of judicature , but the time is to be considered with the occasion ; for it was made for the securing of the peace , in a turbulent time . and besides , the law carrieth along with it two restrictions , which puts the right of cognisance in the privy councell to the question . first , it saveth the jurisdiction of other courts , and provideth further , that no matter determinable by the law of this realme , shall be by this act determined in other forme , then after the course of the same law in the kings court , having determination of the same ; which implieth , that some kindes of riots , and extortions are of so high a nature , that though determinable in the kings court , yet are they to be determined before the lords . in the next place , this law provideth that such offences , as are determinable by the law of the realme , that is by jury , shall still be so tried . secondly , if conviction be upon confession , or by certificate , in case where ( by reason of parties , and partakings ) inquisition by jury can not be had , there the lords shall immediately determine the same . lastly , if the certificate be traversed , then the same shall be tried in the kings bench. but there is another restriction that undoeth all , in effect , in point of right , because what this law setleth therein , it setleth but for seven yeares , and leaveth the privy councell to the limits of the common law for the future : in the mean time , the privy councell may be thought terrible , and very high , both by this law , and the greatnesse of the lords . kings unkles , and kings brothers , are subjects indeed , but of so high a degree , that if a little goodnesse of nature , or publique spirit shine in them , they soon become the objects of admiration from the vulgar , and gain more from them , by their vicinity , then the king can doe at a distance . for the commons of england , by the fair demeanour of popular great men , are soon won out of their very cloathes , and are never more in danger to part with their liberties , then when the heaven is faire above their heads , and the nobility serve the king , and flatter them . neverthelesse , as i said , the season must also be considered of this power , thus by this law contracted ; for what the lords gained not by their popularity , the queen did with her power ; who now mindfull of her contemned beauty , and opposition from the duke of glocester against her marriage , removes him out of the way , gets the reines of government into her hand , and like a woman drives on in full careere . the duke of yorke , and other lords , not liking this gallop , indeavour to stop her pace , but are all overborn , the duke taken prisoner , and doubtlesse had pledged the duke of glocester , but that the heire apparent of the house of yorke steps in to rescue ; and new troubles arise in gascoigne , to put an end to which , the queenes party gaines , and takes the duke of yorkes word for his good behaviour , gets this law to passe , expecting hereby , if not a full settlement at home , yet at least a respite to prevent dangers from abroad , during the present exigency . and thus upon the whole matter , the lords and privy councell are mounted up by the commons to their own mischeif . cahp. xvii . of the clergie , and church-government , during these times . it was no new thing in the world , for princes of a wounded title , to goe to the church-men for a plaister , and they are ready enough to sing a requiem , so as they may be the gainers : the princes therefore of the house of lancaster , had offended against common sense , if they had not done the like themselves , being not onely guilty in their title , but also by a secret providence , drawn into one interest together with the church-men to support each other . for henry the fourth , and arch-bishop arundell , meeting together under one condition of banishment , become consorts in sufferings , and consorts in honour ; for society begotten in trouble , is nourished in prosperity , by remembrance of mutuall kindnesses in a necessitous estate , which commonly are the more hearty , and more sensible , by how much other contentments are more scant . but the arch-bishop had yet a further advantage upon the heart of henry the fourth , though he was no man of power , yet he was of great interest ; exceedingly beloved of the english clergy , and the more for his banishment sake : now whatsoever he is , or hath , is the kings , and the king is his ; the sweet influence of the arch-bishop , and the clergy , enters into his very soule ; they are his dearly beloved , for the great naturall love ( as he sayes to the world ) they beare to him ; what he could , he got , what he got , he gave to the church : thus the family of lancaster , becomming a mighty support unto the clergy , romane as it was ; they also became as stout maintainers of the crackt title of that younger house : so was fulfilled the old prophecy of the oyle given to henry the first , duke of lancaster , wherewith henry the fourth was anointed , that kings anointed with that oyle , should be the champions of the church . now for the more particular clearing of this , we are to consider the church absolutely , or in relation to the politicall government of the people . concerning the later , many things did befall , that were of a different peice to the rest , in regard that the lords , for the most part , were for the clergy , and they for themselves ; but the commons began to be so well savoured with wickl●●fs way , that they begin to bid defiance to the clergies self-ends , and aimes : and because they could not reach their heads , they drive home blowes at their legs . a parliament is called , and because the king had heard somewhat , feared that the people were more learned then was meete for his purpose , and that the parliament should be too wise ; he therefore will have a parliament , wherein the people should have no more religion , then to beleive ; nor learning , then to understand his sense , nor wisedome then to take heed of a negative vote : but it befell otherwise , for though it was called the lack-learning parliament , yet had it well enough to discern the clergies inside , and resolution enough to enter a second claime against the clergies temporalties , and taught the king a lesson , that the least understanding parliaments , are not the best for his purpose : for though the wisest parliaments have the strongest sight , and can see further then the king would have them , yet they have also so much wisedome , as to look to their own skins , and commonly are not so venterous , as to tell all the world what they know , or to act too much of that which they doe understand . but this parliament , whether wise , or unwise , spake loud of the clergies superfluous riches , and the kings wants are parallel'd therewith , and that the church-men may well spare enough to maintaine fifteen earles , fifteen hundred knights , six thousand two hundred esquires , and one hundred hospitalls more then were in his kingdome . this was a strong temptation to a needy and couragious prince , but the arch-bishop was at his elbow ; the king tells the commons , that the norman and french cells were in his predecessors time seized under this colour , yet the crowne was not the richer thereby ; he therefore resolves rather to add to , then diminish any thing from , the maintenance of the clergy . thus , as the king said , he did , though he made bold with the keyes of saint peter ; for he could distinguish between his owne clergy , and the romane . the people are herewith put to silence , yet harbour sad conceits of the clergy against a future time , which like a hidden fire , are not onely preserved , but increased by continuall occasions , and more principally from the zeal of the clergy , now growing fiery hot against the lollards . for that not onely the people , but the nobles , yea , some of the royall blood , were not altogether estranged from this new old way ; whether it was sucked from their grand-father duke john , or from a popular strain , of which that house of lancaster had much experience , i determine not . these were the dukes of bedford and glocester ; bedford was first at the helme of affaires at home , whiles the king acted the souldiers part in france , as ill conceited of by the clergy , as they sleighted by him . at a convocation once assembled against the lollards , the duke sent unto their assembly his dwarfe , as a great lollard , though he was a little man , and he returned as he went , even as catholique , as any of them all ; non tam dispectus à clero , quam ipse clerum despiciens atque eludens . this , and some other sleights the clergy liked not , they therefore finde a way to send him into france , to be a reserve to his brother : and in his roome steps forth humphrey duke of glocester , that was no lesse coole for the romane way then he . henry the fifth was not more hearty in romes behalf , for although he was loath to interrupt his conquest abroad , with contests at home , yet he liked not of advancements from rome ; insomuch , as perceiving the bishop of winchester , to aspire to a cardinals hat , he said , that he would as well lay aside his own crowne , as allow the bishop to take the hat. nor was he much trusted by the clergy , who were willing he should rather ingage in the wars with france , then minde the proposalls of the commons , concerning the clergies temporalties , which also was renued in the parliament in his dayes . above all , as the lancastrian house loved to looke to its own , so especially in relation to rome , they were the more jealous , by how much it pretended upon them , for its favour done to their house : and therefore henry the fourth , the most obleiged of all the rest , looked to the provisors more strictly then his predecessors had ; and not only confirmed all the statutes concerning the same already made , but had also provided against provisors of any annuall office , or profit , or of bulls , of exemption from payment of tythes , or from obedience , regular or ordinary , and made them all punishable within the statute ; and further , made all licenses , and pardons , contrary thereto ( granted by the king ) void against the incumbent , and gave damages to the incumbent in such vexations ; for the former lawes had saved the right to the true patron , both against pope , and king. and thus the english kings were servants to the church of england , at the charges of rome , whiles the popedome being now under a wasting and devouring scisme , was unable to help it selfe , and so continued untill the time of henry the sixth ; at which time , the clergy of england , got it selfe under the power and shadow of a protector , a kinde of creature , made up by a pope and a king. this was the bishop of winchester , so great a man , both for birth , parts of nature , riches , spirit , and place , as none before him ever the like ; for he was both cardinall , legate , and chancellour of england ; and had gotten to his aide , the bishop of bathe , to be lord treasurer of england : now comes the matter concerning provisors once more to be revived . first , more craftily by collogueing with the nobility , who now had the sway in the kings minority , but they would none : an answer is given by the king , that he was too young to make alteration in matters of so high concernment , yet he promised moderation . the clergy are put to silence herewith , and so continue till the king was six yeares elder , and then with money in one hand , and a petition in the other , they renue their suit , but in a more subtill way : for they would not pretend ro●e , but the english churches liberties ; they would not move against the statutes of praemuniri , but to have them explained ; it was not much they complained of , for it was but that one word , otherwhere , which , say they , the judges of the common law expound too largely , not onely against the jurisdiction of the holy sea , but against the jurisdiction of the english prelacy , which they never intended in the passing of those lawes : their conclusion is therefore a prayer , that the king will please to allow the jurisdiction of their ecclesiasticall courts , and that prohibitions in such cases , may be stopped . but the king , either perceiving that the authority of english prelacy , was wholly dependent on the sea of rome , and acted either under the shadow legatine , or at the best , sought an independent power of their own : or else the king doubting that the calling of one word of that statute into question , that had continued so long , might indanger the whole law into uncertainty , declined the matter , saving in the moderation of prohibitions . thus the english clergy are put to a retreat , from their reserve at rome ; all which they now well saw , yet it was hard to wean them : the cardinall of winchester was a great man , and loath to lay down his power ; but his own tribe grew weary of him , and his power : for the greater some church-men are , unlesse they be better then men , the inferiour , and better church-men , are worse then men ; at length therefore the cardinall is un-legated , and that power conferred upon the arch-bishop of canterbury , a man formerly well approved , but by this very influence from rome , rendered suspected ; which he perceiving , protested against the exercise of the jurisdiction legatine , without the kings allowance , and so mannerly crept into the chaire . the english kings and clergy , having thus attained the right discerning of each other , begin to take up a new way of policy ; which was to hold nothing of the popedome , but the forme of worship , and discipline ; but as touching jurisdiction , they held it a high point of wisedome , either to fetch it nigh at home , or to be silent in the matter ; having now found a main difference between the popes will , and the church law ; and therefore , as formerly , the convocation and parliament joyned in excluding of forrainers from church-livings , under the notion of intelligencers to enemies abroade : so neither now will they allow any provisions for english men ; and upon this ground the deane and chapter of yorke refused to admit the bishop of lincolne , to the sea of yorke , although designed he was thereto by pope martin , and he the darling of nations , being by joynt consent advanced to the triple crowne , that had been formerly tripled amongst three popes , and troubled all europe : and whereas during the tripapalty , much money had been levied here in england , to serve for the recovery of the popedome , to one of english interest : now by joynt consent , the same is seized upon and stopped , as fewell from the fire , and spent by henry the fifth , in the recovery of a kingdome in france , that should have beene imployed in recovery of a popedome at rome : these things concurred to give a wound to the popedome , that was never cured to this day . neverthelesse the english clergy was no looser by all this , but gained in the whole summe : for as it made them more depending on the crowne , so it made the crowne more fast to them , from which they had received more reall immunities and power , then the pope ever did , or was able to give them , and might expect to receive many more . what personall respects these three kings shewed them , hath been already touched : henry the sixth added one favour , which made all the rest more considerable : hitherto they had used to meete in convocation , as upon the interest of rome , and little notice was taken of them ; now the nation owns them , and in some respects their worke , and it is granted , that the clerkes of convocation called by the kings writ , and their meniall servants shall have such priviledge , in comming , tarrying , and going , as the members of the parliament have : so as though they be not members yet they are as members , if they assemble by the kings writ , and not onely by the power of the legate or metropolitan . the antiquity of this court is great , yet not so great as hath beene supposed ; nor is it that court of the ordinary , called the church gemot , mentioned in the lawes of henry the first , as not only the work thereof , therein set down , doe sufficiently declare , but also its evident , that in henry the seconds dayes the grand councells of this kingdome were joyntly mixed both of clergy and laity , nor could the clergy shut the laity from their councels , till about the times of richard the first , or king john. from which time forward the laity were so far from protecting of them ( till these times now in hand ) that all their care was to keep them from violating the liberty of the people . that they were many times notwithstanding called together by the kings writ before these times , hath been also cleared by another penn. that their worke at such times was to advise concerning such matters as should be propounded to them by the king in parliament , their summons do shew ; the particulars whereof , for the most part , concerned supplies of mony from the churchmen , and yet somtimes matters of great moment were debated therein : as in a convocation summoned by henry the fifth in his ninth year , the pre-eminence of pope eugenius above the councill of bazill was debated , and as much as they could , determined the same : the credit of their decisions in former times , i beleeve , was not much amongst the people , because the men were looked upon with an evil eye : now that the parliament seemeth to owne them in thier way , and to protect them ; their determinations are somewhat : the churchmen espy their opportunity , and whiles the benevolent influence of the state is in its first heat , they improve it in this manner . the times were now come about wherein light began to spring forth , conscience to bestirr it selfe , and men to study the scriptures ; this was imputed to the idlenesse and carlesnesse of the clergy , who suffered the mindes of young schollers to luxuriate into errors of divinity , for want of putting them on to other learning , and gave no incouragement to studyes of human literature , by preferring those that were deserving . the convocation taking this into consideration , do decree , that no person should excercise any jurisdiction in any office , as vicar-generall , commissary , or officiall , or otherwise , unlesse he shall have first in the university taken degrees in the civill or canon law : a shrewd trick this was to stop the growth of the study of divinity , and wickleifs way : and to imbellish mens mindes with a kind of learning that may gaine them preferment , or at least an opinion of abilityes beyond the common straine , and dangerous to be medled with , like some gallants that weare swords as badges of honour , and to bid men beware , because they possibly may strike , though in their own persons they may be very cowards ; and no less mischeivously intended was this against the rugged common law , a rule so nigh allyed to the gospel way , as it favoreth liberty , and so far estranged from the way of the civill and canon law , as there is no hope of accommodation till christ and antichrist have fought the feild . thus much of the church of england , in relation to the state , now as it is absolutely considered in regard of the severall degrees of persons therein . although these three kings were much indeered to the english clergy ; yet the difference between the laity and them growing high , the kings principall care is now , to keep an even hand between them both , for he that will back two horses at once , must keep them even , or put his joints to the adventure : first , henry the fourth granteth , that no more shall be payed to rome for the first fruits of arch-bishops and bishops , then hath been anciently used . the occasion hereof was to prevent the horrible mischeif and damnable custome of rome ; for such are the very words of that statute , unto which the clergy gave their vote , if not the first vote ; and therefore certainly did neither beleeve , nor honor that infallible chaire as their owne mother ; nor did they beare her yoake further then their owne benefit , and reason of state did require , for though the immediate benefit of this law did descend upon the prelacy ; yet it also much concerned the interest , both of the honor and benefit of the nation , that the clergy should not be at the popes pleasure to tax and assesse as he thought good . secondly , henry the fifth added unto the prelacy some kinde of increase , both of honour , and power , viz. to visit hospitalls that were not of the kings owne foundation , and to reforme abuses there ; for the patrons either had no power to punish , or will or care to reform them ; and thus upon the point , although they lost a right , yet they gained ease . thirdly , the same king confirmed by a statute unto ordinaries , the cognisance of accompts of executors , for their testators estates , which formerly was granted by the canon law , but they wanted power to execute , and a right to have and receive : in all these the clergy or prelacy were the immediate gainers . in as many other things the people were made gainers , and yet the clergy were no loosers , otherwise then ( like the kite ) that prey which was none of their owne . first , they refused formerly to grant copies of libells , either thereby to hinder the course of prohibitions , or to make the copies the more dear , and mony more cheap with them . henry the fifth finding this a greivance to the people , passeth a law , that all ordinaries shall grant the copies of libells at such time as by law they are grantable . secondly , as the probate of wills had anciently belonged to the ordinary , by the canon law , and formerly also confirmed to them by the parliament , so it also regulated and setled the fees for such service : but the clergy having been ever under the nouriture of their mother rome , that loved to exceed , they likewise accounted it their liberty to take what they could get , but the nigher they come to ingage with kings in their government according to law , the more reformed they grow : formerly edward the third had setled their fees , but they would not hold to the rule , now the law is redoubled by henry the fifth , with a penalty of treble dammages against delinquents . furthermore the very preists could not containe , their paternosters , requiems , masses , and such wares , they had ingrossed , and set thereof what price they pleased : the market was risen to that height , that edward the third undertooke to set a rate upon those commodities , but that also would not hold long ; henry the fifth he sets a certaine stipend somewhat more then edward the third had done , and yet lesse then the preists had formerly . lastly , some lawes were made , wherein the common-wealth gained , and the church were loosers . first , whereas the church-men formerly held all holy things proper and peculiar to their owne cognisance , especially such as concerned the worship of god , the parliament now began to be bold with that , and never asked leave . it had now for a long time , even since the saxon times , been the unhappy condition of this church of england , amongst others , to decay continually in piety and right devotion , but through the light that now revived , and gods goodnesse , it in these times came to passe , that the people did entertain some sense of their duty towards god , more then formerly , and begin to quarrell the abuses done to the lords day , in the manner of the keeping thereof : london hath the honor for beginning this reformation by an act of their common councell . the parliament within seven yeares after that , ingage the whole kingdome in that service ( though therewith also are adjoyned other holy feasts then holden ) and all faires and markets are injoyned to cease on that day , under paine of forfeiture of goods exposed to sale , excepting victuall , and excepting the foure sundayes in harvest . and thus though places had their consecration allowed by the parliament , and immunity from trading in faires , and markets , by the space of . yeares before this time , yet that time which god by his owne law had reserved to his owne selfe , never came under regard to be allowed till now , and yet not by the motion of the clergy , nor by their furtherance ; for by their thrusting in the holy dayes , they made them equal with the lords day , and in harvest time superiour , by preserving them in force , when as the lords dayes were set aside : so god had somewhat of these men , but the pope more . secondly , as the church-men lost in the former , so the prelacy in this that follows . the prelates had long since obtained the triall of bastardy , and therein could straine themselves so far , as to put the case of inheritance into danger , where the point otherwise was cleare enough ; and this grew to that height that it indangered the disinheriting of the heires of the earle of kent . it is therefore now provided , that before the ordinary in such cases proceed to triall , proclamations shall be made in chancery , to summon all pretenders of interests or titles to come before the ordinary , to make their allegations , and all trials of bastardy otherwise made shall be voide ; so as whatever the canon did , the parliament would not trust to the ordinaries summons , nor allow of their power in any other manner , then the parliament thought meet . one thing more remaineth , wherin the true church of christ seemed to lose and yet gained ; and the clergy joyning with the king seemed to gain and yet lost ; this was the point of worship , which had long stumbled the mindes of the people , and was now growne to that strength , that nothing but an act of parliament can keep it under . this opinion concerning worship , was at the first so young , that it was not yet baptized with any proper name , but called , opinion contrary to the church determinations , or catholique faith . and against this the clergy now stormed , more then ever formerly , because it was grown to such a height as if it meaned to over-top theirs . to this end they procure an act to passe , that all preachers , teachers , writers , schoolemasters , favorers ; or notoriously defamed persons , for the maintenance of such opinions , shall be ( upon conviction before the ordinarie , according to the canons ) imprisoned in the diocessans prison , fined according to the diocessans discretion . if upon conviction , he shall not abjure , or shall relapse , he shall be delivered unto the seculer power , and be burned . and that preachers without licence of the diocessan , should be restrained . concerning which law , i shall first shew what change in the lawes of this kingdome was endeavoured , and what was really effected . first , it is an undeniable ground , that no free-man can be put to answer before any judge , but upon presentment , or other matter of record foregoing , and by due processe of law ; and yet it hath been ruled , that strong presumption , and complaint of credit after it is entered , is sufficient record , to ground proceedings in this case ; to attache the party to answer . but by this law a triall is introduced , that neither resteth upon any peremptory accusation , or proofe of witnesse , but meerly upon inquisition , upon the oath and conscience of the party suspected ; which in the later dayes hath been called the triall upon the oath , ex officio ; for such was the triall allowed by the canon in these times ; as appeares in the constitutions of otho , and the decrees of the arch-bishop boniface , by whom it was indeavoured to be obtruded upon the laity , about the times of henry the third , or edward the first ; but even the clergy then withstood it , as lindwood confesseth . and otho in his very constitution , doth hold this forth by that clause of his , nonobstante obtenta consuetudine . secondly , this law doth indeavour to introduce a new judge , with a power to fine and imprison according to discretion , and a prison allowed to him as his own peculier , and yet the writ de cautione admittenda , still held its power , to regulate that discretion as formerly it had done ; which by the way may render the power of this law suspitious . thirdly , the clergy are not content to have the estates , and liberties of the bodies of the people at their discretion ; but they must also have their lives , although no free-mans life could by the fundamentall lawes of this kingdome , come to question , but by the judgement of his peeres ; nor could the clergy by their owne canons interesse sanguine , viz. they cannot put any man to death , but by this law they may send any man to death by a sentence , as sure as death , tradatur potestati seculari : and such a death , not as the civill magistrate is wont to execute by a speedy parting of the soul from the body , by losse of blood , stop of breath , or such like ; but the clergy must have blood , flesh , bones , and life and all , even to the edge of nonentity it self , or they are not satisfied : and thus the writ , de comburendo haeretico , entered into the world. true it is , that some sparks of this fire are found in former times , and bracton toucheth upon such a law , in case of a clerk convict for apostacy , primo degradetur , & post per manum laicalem comburatur , which was indeed the canon , and that by his own confession ; for it is grounded upon one , secundum quod accidit , in the synod at oxford , under arch-bishop becket : but that case concerneth a clerk , who by his profession hath put himselfe under the law of the canon , and it was onely in case of apostacy , himself being turned jew ; and this also done upon a sudden pang of zeale and power of an arch-bishop , that would know no peere ; nor doe we finde any second to this president by the space of two hundred yeares next ensuing ; neither doth the decree of arch-bishop peckham , who was not long after becket , treating about apostacy in lay-men , mention any other punishment then that they are to be reclaimed , per censuras ecclesiasticas ; nor yet that of arch-bishop arundell , amongst the constitutions at oxford , not long before this statute , who treating about the crime of heresie , he layes the penalty upon the forfeiture of goods , with a praesertim , as if it were the grand punishment : and lindwood in his glosse upon that place , setting down the censures against heresie , hodie sunt ( saith he ) damnandi ad mortem , as if it were otherwise but as yesterday . fourthly , the next indeavour is to bring the cognifance of all , wholly to the ecclesiasticall court , without further appeale ; for so the words concerning conviction of heresie are : whereupon credence shall be given to the diocessan of the same place , or his ordinary in that behalfe . these changes , i say , were indeavoured to be brought upon the government of this kingdome ; and yet the law for all this , suffered no change , nor did the house of commons ( however the name is thrust into the english ordinary print ) ever yeild unto the passing of the same , but in the parliament next ensuing , complained thereof , and protested they would not be bound by such lawes , whereto the house of commons had not given their consent ; and this dashed the law quite out of countenance ( although it holds the place still amongst the number ) for within foure yeares after , the clergy bring in another bill of the same nature in generall , though varying in some particulars , but the same was again rejected . all the strength therefore of this law , resteth upon the king , and house of lords , ingaged by the clergy , to whom they trusted for their religion ( for book-learning was with them of small account ) and no lesse by the king , who knew no better way to give them content , that gave him so much as to set the crowne upon his head ; nor to discharge his royall word , passed by the earles of northumberland , and westmerland , in his behalf unto the convocation , viz. that they were sent to declare the kings good will to the clergy , and church liberties , and that he was resolved to defend all the liberties of the church by his kingly power , and to punish hereticks , and the churches enemies , in such manner as the clergy should thinke meete ; and therefore desired their dayly prayers , for his owne , and the kingdomes safety . and yet for all this , the people were not of this minde ; no small part of the kingdome being overspread with these opinions . after henry the fourth , comes henry the fifth , and he also makes another assay ; the former opinions then knowne onely by the generall name of heresie , are now baptized , by the new name of lollardry , and grown so overspreading , that all the troubles of these times are still imputed to them . it was indeed the devills old and common trick , thus to inrage earthly powers against these men , although he be hereby but an instrument in the hand of the cheif builder , that in laying a sure foundation , doth as well ramme downe , as raise up ; for the malice of these men made the people of god to multiply : henry the fifth , also published a law to this same : that all persons in place of government , shall sweare to use their diligence , to destroy all heresies , and errors , called lollardries . that all lollards convict by the clergy , ( left to the seculer power , according to the lawes of holy church ) shall forfeit their lands , and tenements to their lords : and the king to have the yeare , and day , and waste , and all his goods and chattels . if the lord be the ordinary , the king shall have all . no forfeiture to be , till the delinquent be dead . they shall be found by indictment , before the justices of the peace . this indictment being found , shall be sent to the ordinary with the prisoner . the indictment shall not be for evidence , but onely for information . these are the principall things contained in this law , which by the manner of the composure , seemeth to be of an uncertain colour , neither made by the clergy , nor laity , but spoyled between them both . the intent thereof seemeth to be principally to draw on the house of commons to passe the law , under hope of gain by the forfeitures ; for the penalty is like that of fellony , though the crime be not expresly declared to be fellony . but the intent fell short in event . for first , the nature of the crime is not defined , nor declared by any law , and therefore can no man by indictment be found to be such . secondly , no penalty of death , hath been by any former , or by this law determined upon such as are guilty , for it s not enacted by any law , that such person shall be delivered to the seculer power , &c. thirdly , this statute determining the forfeiture to be not till death , and neither that , nor any other law of this kingdome determining death ; then is no forfeiture determined . fourthly , though this law taketh it for granted , that heresie and errors belong to ecclesiasticall cognisance , yet the same allowes of no further proceedings , then ecclesiasticall censures . lastly , by this law , there can be no proceeding , but in case of indictment , ( for otherwise , without record , no forfeiture can be ) therefore , where no indictment is , there is no forfeiture . in all which regards , its evident that the clergy could by this law , neither get fat nor blood ; and therefore at their convocation in the next yeare following , they tooke another course , and ordered that three in every parish , should make presentment upon oath , of such persons as are defamed for hereticks , and the truth so farre as they can learn ; which puts me in minde of a presentment , that i have seene by some of saint mary-overies in these times : item , we saine , that john stevens is a man we cannot tell what to make of him , and that he hath bookes , we know not what they are : this new course shewes plainly , that the former held not force as they intended it . so god blasted the practises of the clergy at this time also , rendering this law immateriall that had the form , as the other missed in the form , and had the matter . chap. xviii . of the court of chancery . it often befalls in state affaires , that extraordinary exigencies require extraordinary remedies , which having once gotten footing , are not easily laid aside , especially if they be expedient for prerogative . the privy councell in the star-chamber , pretending default of the common law , both in speed , and severity , in cases whereby the state is indangered : the chancery pretends default by the common law in point of equity , and moderation : the people taken with these pretences , make that rod more heavy , which themselves had already complained of : what the chancery was in times past hath been already shewed ; still it is in the growing and gaining hand . first , in the judicatory power it prevailed in relation to the exchequer , exercising a kinde of power to survay the proceedings thereof , in cases of commissioners distrained to account , for commissions executed , or not executed ; for it was no easie matter to execute commissions from the exchequer in those times of parties ; nor were men willing with such unwelcome occasions , between freinds , and neighbors ; and it may be , they grew weary of imbroyling themselves one against another , and of being instruments of the violent counter-motions of princes , and great men. secondly , it gained also upon the admiralty , which by former lawes had jurisdiction in all cases incident upon the great sea ; but now either through neglect of the admirall , or the evill of the times , occasioning piracies to grow epidemicall , the ill government upon the sea became dangerous to the state , trenching upon the truce made between this and other nations . for a remedy whereof , first conservators of the truce were settled in every port , who had power committed to them to punish delinquents against the publick truce , both by indictment at the kings suite , and according to the course of the admiralty by complaint , saving matters of death to the cognisance of the admirall . but this was soon found defective , for justice done in the dark , is many times more respective , and lesse respected , and therefore within a few yeares , it is provided , that offenders against the kings truce upon the sea , or in any of the ports , shall be proceeded against in the chancery , before the chancellour , who hath power given him , calling to his assistance some of the judges to execute the statute of h. . foregoing , by a handsome contrivance : for that statute was once and again suspended for the rigour that was used by the former conservators , who being borderers upon the sea , for their own peace , spared as few as they could , which had so discouraged the sea-men , that the kingdome had been almost utterly bereaved of its strength at sea. neverthelesse , all this while , these lawes were but penall , and not remediall , for the parties wronged : and therefore another law is made , to give the chancellour and judges power to make restitution and reparation . thirdly , the chancery gained upon the ecclesiasticall court ; for whereas by the canon , the church-men were to be judged by their superiours , according to ecclesiasticall and ordinary jurisdiction ; and the iniquity of the times , was again returned to that height , that parents could not enjoy their own children ; but the little ones were allured , stolne away , and detained in cloysters ; nor did the church-men afford remedy in such cases : a law was made , that upon complaint hereof made to the chancellor , the provinciall should be by him sent for , and punished according to his discretion . lastly , the chancery incroached upon the common law : for whereas the stirs between the two houses of yorke and lancaster , beganne to rise , men made their dwellings in places of security , and strength ; women likewise , and other persons flying , thither for refuge ; especially , such of them as had most to lose ; these were contrary to the law of common honesty , urged to ingage their estates unto the desires of such , to whom they had fled for refuge , and some times compelled to marry , before they could gain their liberty . it was now provided , that all such complaints should be heard and determined by the chancellor . secondly , as touching the ministeriall power of the chancery , this likewise was inlarged in making of processe to compell appearance in cases of forcible entries , murders , manslaughters , robberies , batteries , assemblies , in nature of insurrections , riots , and plunder , committed by servants upon their masters goods , before their masters death , and such like offences , now growne common , and in need of sudden remedy . thus as the worke and power of the chancery grew , so did the place and person of the chancellor grow more considerable , raised now from being the kings secretary , ( for no better was he in former times ) to be the kingdomes judge , and of such trust , that although the king might make election of his owne secretary , yet the parliament would first know , and allow him , that must be trusted with the power over the estates of so many of the people : and therefore did in these times , both place , and displace him as they saw expedient . in a word , he is become the kingdomes darling , and might be more bold with the common law , then any of his peeres . chap. xix . of the courts of crowne pleas , and common law. as the chancery on the one side did swell and increase , so was the kings bench in an ebb ; the councill table in the star-chamber on the one side , and the itenerant courts in the countrey intercepted , and drew away much to their own shares : making themselves fat , the kings bench leane , and the rurall courts for crown pleas almost to starve . the crown pleas formerly had been determinable in the kings-bench , goale-delivery , oier and terminer , and many of them by justices of the peace , coroners , and sheriffe . the goale-delivery was afterwards united to the judges of assize , and if one of them were a clergy man , then to the other , and cheif men of the county . this was usefull for the publique , but not beneficiall for some men ; and therefore they laboured for commissions , especially directed to parties , that they thought would partake ; but these were found soone to be dangerous , soone taken away , and the goale-delivery restored to the judges of assize , as formerly . the commissions of oier and terminer were sued forth upon extraordinary immergencies , and offences , wherein the state was much concerned for speedy execution . in former times both these and goale-deliveries were but rarely had and then granted unto some , that perchance knew more of the case , then before hand was meete to be known . edward the third amended this errour , and ordered that no commissions of oier and terminer should issue forth , but unto commissioners named by the court , and not by the party complaining . but the judges of assize are now in the growing hand , hoth for honour , use , and power , the rather , because their persons are of high repute in the benches at westminster , which are the master-peices of judicature , and their iters are constant and ordinary : neverthelesse , the judges of assize , though they have the goale-delivery annexed to them , yet have they not that absolute power of the kings-bench ; but are still under the rule of their commission , which is not alterable , but by parliament , and which by it was altered , by way of adding of new powers , as new crimes arose , that required the eye of the state to provide , and so the judges of assize by degrees grew to be the ordinary administrators of justice throughout the kingdome , yet holding still forth to them a limited power , to heare and determine in some cases ; but in others onely , to inquire and certifie , as in the case of false returns by the sheriffe , of persons elected for the parliament : and also in cases concerning the statutes of labourers , and unlawfull games , and pastimes ; in which case the certificate is to be made to the chancellor : and also in cases concerning liveries , contrary to the statutes , wherein the certificate is to be made to the kings-bench ; which power in this last case , continued in that manner by the space of thirty yeares ; and then by another statute , they had the power to determine such cases before themselves : in like manner they had power to heare and determine cases of falshood , in counterfeiting and corrupting of money , by washing , clipping , &c. and also defaults committed by sheriffs , bayliffs , and their officers against the statutes of forcible entries , and of wearing of liveries , as aforesaid . these were signes of much confidence and trust in them , and yet notwithstanding , in these , nor none of these , were the penalties by fine left to the arbitry of the judges ; no , nor to the justices of the kings-bench , but were by the very letter of the law determined . nor would the parliament trust these men with doing justice in the cases aforesaid , in their own counties where they dwelled , nor did it think expedient to allow the cheif justice of the kings bench unto that service in any of them all , but onely once in the county of lancaster , and then onely at the kings pleasure ; otherwise , it was to be as was used by the space of one hundered yeares foregoing ; possibly because his power was too great to be trusted amongst the people . lastly , the judges of nisi prius , were anciently made by edward the first , by whom also the assizes were setled at certain times of the yeare , and afterwards by the statute at yorke , the nisi prius in smaller cases was granted , before one justice of the bench , where the plea dependeth , and one substantiall man of the county ; but those of greater concernment were to be had before two justices of that bench , or in case they were wanting , then before justices of the other bench , or in default of them , before the cheif baron , if he were a man of law , and in default of that , before the judges of assize . therefore in those dayes , the justices of the benches in their iters in the counties , divided in their power ; some being for assizes , others for nisi prius ; and in some times , and cases , some were for both : for in those times of edward the third , judges of assize had power to inquire in some matters that concerned the crowne , or to try nisi prius , nor were these powers united , till in henry the sixths time , justices of nisi prius had the power of oier and terminer annexed to them , in all cases of fellony , and treason . what was formerly provided by edward the third , and richard the second , for instruction to these judges , and to binde them thereto by solemne oath , i shall not particularly mention , but shall leave the consideration of the originall of the whole judicature of this nation , unto the readers observation upon the premises . chap. xx. concerning sheriffs . henry the fourth , after a small rest in his throne , though he alwayes sate loose , sought after the civill peace , as the corner stone of his subsistence ; and that by a way of justice , which found more acceptance with the vulgar , then the common education of the greater number in these times could promise ; for the worst of men cannot endure to suffer injustice , though themselves will doe it . now because where kings are reputed to be the fountain and life of justice , sheriffs may be reputed to be the breath thereof ; and by their irregularities , doe render the government of the king , as loathsome , as unsavoury breath doth the person whose it is : therefore henry the fourth chose rather to be a looser in his farme-rents of the sheriffwicks , then to occasion the sheriffs to save their bargains by oppression : and to this end he tooke away the course of forming of sheriffwicks , and made the sheriffs bare accountants for the annuall profits ; and as touching the casuall profits , the sheriffe discharged himselfe upon oath . this was a good security to the king , but yet the people was not herewith satisfied ; for though the sheriffs might not take to farme , yet what they had , they might let to farme ; and then wherein are the people the better for these lawes ? seeing its all one for them to be oppressed by the sheriffe immediately , and by the proxie . for preventing of this inconvenience , another law is made ; that the sheriffe shall not let his bailywicke to farme , nor be nonresident , and to this he must binde himselfe by oathe : so as now the sheriffe is double girt , and may be fairely ridden , without danger to the king or people . but men ride horses for ease , and pleasure , and he that must bend his minde alwayes to watch his horses motion , will choose rather to goe on foote ; and therefore henry the fifth renewed the law of richard the second , that sheriffs shall be but for one yeare , and then not to be chosen again , nor serve for three yeares next following . this order continued for the space of eight yeares , within which time , warre , and pestilence had consumed so many of the richer sort of people , that a dispensation is granted , that sheriffs may continue in their places for foure yeares . and it was above twenty yeares after , ere the stocke was recruted againe ; after which time , the substance of the former statutes of edward the third , richard the second , and . henry the fifth is revived againe , with a penaltie upon the sheriffe , his deputy , or clerke , that shall execute that place above one yeare ; so the custome of holding that office tenne or twelve yeares , by occasion of the dispensation for foure yeares was laid aside : but the cure would never be perfect , so long as sheriffs held by inheritance : for it was easie to finde new deputies , but not to lay downe old customes , nor could it be lasting , unlesse the penalties also had beene annexed to the particular crimes . for a sheriffe before he is a yeare old , by experience formerly had , becomes too cunning for all these lawes ; and therefore lawes are made also against the ordinary corruption of these places , such as are extorting of fees , false making of juries , false returnes of writs , &c. and damages in such cases given to the party wronged ; and when all is done , he is not trusted with taking of indictments . thus with much adoe , a sheriffe is made a tollerable officer , and his place by degrees so hedged in , that what was in former times hard to plucke up , is now become hard to sett . cahp. xxi . of justices and lawes concerning the peace . the faint title of henry the fourth to the crowne , made him ever tender of the civill peace , without breach whereof , he was sure to be quiet in the throne ; he undertooke not this worke by any superlative power , from and by himselfe , but useth the help of the parliament , and lawes , wherein he was industrious ; pretending love of unity amongst his people , which neverthelesse he liked not , unlesse in order to quiet between himselfe and them . the former way of justices of peace he followed close , reducing the persons to their ancient qualifications . the most sufficient persons , inhabitants in the county , worth at least twenty pound yearly , unlesse they be lawyers , or such as are justices in corporations ; nor is the king troubled or trusted with the naming or electing of these men , but the chancellor , or the kings councell ; so as now by law the king can neither be justice , nor make justice , jure proprio , but as his interest with the councell is more or lesse prevalent , and that power ▪ that first gave it to the crowne , the same power tooke it away , or imparted , and placed it elsewhere . but as touching the worke or power of the justices themselves , it grew exceedingly , much wheerof was onely of inquiry and to make certificate , as of herisie , treason , falshood of sheriffs , &c. but more of oier and terminer as in case of watches , deceitfulnesse in trades ; as of making arrow heads , guilding of mettall , tanning of leather , inbasing of silver , selling of waxen images and pictures , &c. for the superstition of these times was such , as these petty gods were not set at so high a price by the seller , but at a higher price by the buyer ; the parliament therefore set a truer vallue of them , viz. for the wax , so much as the wax is worth by weight , and but foure pence for the godhead ; so as it seemes , the parliament was not very superstitious in their house , what ever they were at church . further-more , the justices of the peace had power to punish deceit in measures , weights , forcible entries , and detainers . in many of which cases , the penalty being fine and imprsonment , became a snare to many of the justices , especially such as were of the greater and higher ranke , who having castles of their owne , under colour of justice , imprisoned delinquents , in their owne castles , and ransomed them at their owne pleasure ; which proved a great oppression to the people ; and occasioned a law , that no justice should commit any delinquent to other then the county goale , saving franchises to the lords . those times are happy when justice waites not altogether at court , but growes up in the feilds , and justices of peace , as the kings armes upon the royall mace are terrible onely to the bad ; and not as they are pictured before an ale-house door to invite men to transgresse . the lawes for the preservation of the peace concerne either punishment of crimes committed , or prevention of them from being committed : there is a succession of crimes , as of men and ages , because the scripture tells us , that the hearts of all are fashioned alike , yet it is with generations as with men , some incline to some crimes more then other , and that is the reason that the title treason , sometimes is set forth in folio , sometimes in a lesser volume . it s evident in story , that the violent times of richard the second , had raised the vallue of that , amongst other offences , above measure ; not long before his time , his father had reduced that wilde notion of treason to a certaine rule , that formerly wandred in a wildernesse of opinion . but henry the fourth , either to save his own stake , or to take the people , or both , reduced it againe to the statute rule of edward the third , and made void that statute of his predecessors , which had made a former act of parliament , ( and all the service thereby done ) treason . the dimensions of treason thus clearly limmed and declared , taught ill disposed mindes to keep out of the letter , and yet to be bold with the sense ; counterfeit money they durst not , yet to diminish the same they thought came not within the circle , and so it became a common greivance , till a law was made , that all purposed impairing of mony shall be treason . and so the parliament held forth to all men that they had a power to declare treason , without the bounds of the statute of edward the third . the like power it held forth in the time of henry the sixth , for men knew that burglary and robbery were mortall crimes , they would no more of that , now they devise a way to spoile , and prey , for themselves , and yet neither to rob , nor break house . to this end they would scatter little scrolls in writing , requiring the party that they intended to prey upon , to leave so much money upon such a day , at such a place , and this was , sub paena , of burning the parties house , and goods ; which many times did insue upon default made , this practise was at once made treason , to prevent the grouth of such an evill . and the like was done with robberies and manslaughters , contrary to the kings truce , and safeconduct . as many or more new fellonies were also now created . one was the cutting out of mens tongues , and plucking out of eyes , a strange cruelty ; and that shewed the extreame savagenesse of those times , so much the more intollerable , by how much the poore tortured creature could hardly be either eye , or eare witnesse , of the truth of his own wrong . a second fellony was , the customary carrying of wooll , or wool-fells out of the realme , to other places ; except callis . another fellony concerneth souldiers , which i refer over to the next chapter . the last was , servants plundering their masters goods , and absenting themselves , if upon proclamation made , they appeare not , this was also made fellony . in the next place , as touching forcible entries and riots , the remedies so often inculcated , and new dressed , shew plainly the nature of the times : these kind of crimes commonly are as the light skirmishes in the beginning of a war , and follow in the conclusion also , as the faintings of a battell fought till both sides be weary . i shall not enter into each particular statute , diverse of them being little other then as asseverations , annexed to a sentence , to add credit and stirr up minding in men , that otherwise would soone forget what is sayd or done : the remedies formerly propounded are now refined and made more effectuall . first , in regard of speed , which is as necessary in these forces as the stopping of the breaches of waters , in the first act , and therefore one justice of the peace may proceed upon a holder by force , or breaker of the peace , with a continuando , but riots are looked upon as more dangerous , and the first opposition had need be more stiffe , least being uneffectuall , aggravates the violence , and therefore it s required that two justices , and the sheriffe should joyne in the worke , to carry one the worke with more authority , and power . and what they cannot do in the punitive part , they must certifie to the king and his councel , or to the kings bench if traverse be made : so as though the power of the county be annexed to the sheriffe , jure ordinario , to maintaine the peace , yet the parliament did delegate the same upon justices , as it thought most expedient . to maintaine and recover the peace when it s broken , shewes more power , but to prevent the breach , shewes more wisdome , and therefore to all the rest , the wisdome of these times provided carefully , first , for guards , and watches , according to the statute at wint : and committed the care thereof to the justices of the peace . and secondly , against the gendring of partyes , for its commonly seene , that such as are admired for excellecies of person , are so far adolized of some , as that their gestures , actions , and opinions , are observed ; tokens of favour ( though never so small ) are desired from such and the idoll likes it well , gives points , ribbons , it may be hats , and with these men are soon gained to be servants in the fashion , and not long after to be servants in action , be it war or treason , or any other way . this manner of cheat , the former times had been too well acquainted with ; knights , and esquires , are not feared , in times where the word lord carries the wonderment away , their offences against the statutes of liveries , are all great , though in themselves never so small ; and therefore are sure of fine , and ransome , and it s well if they escape a yeares imprisonment , without baile , or mainprize . lords may weare the kings livery , but may give none ; knights and esquires may weare the kings livery in their attendance upon his person , but not in the countrey : the king and prince may give liveries to lords and meniall servants . the summe is , that liveries may be given by the more publique persons for state , not to make parties ; and men may weare liveries in token of service in peace , and not in armes . one thing must be added to all , which may concern triall in all , viz. a law was now made , that noble ladies shall be tried by their peeres ; a law now of the first stamp , and strange it is that it never came before now into the breast of the law , but that it came now , it is not strange ; no meaner person then the dutches of glocester is first charged with treason ; when that could not appear , then for necromancy , very fitly , that she might be tried by the ecclesiasticall way of witnesses ; she is found guilty , and a sentence of penance , and imprisonment or banishment passed thereupon after such a wilde way , as both nobles , and commons passed this law , for the vindication of that noble sexe , from such hudling trialls for the future . chap. xxii . of the militia during these times . the title of henry the fourth to the crown , was maintained principally by his tenures , which the courtiers call knight-service , but the common people , force of armes ; and that which destroyed many a man , was the principall means of his subsistence . otherwise its clear , that his title was staring naught ; nor could he outface mortimars title , without a naked sword , which he used warily ; for he had enemies enough to keep his sword in hand , and freinds enough to keep it from striking at randome : for coming in by the peoples favour , he was obleiged to be rather remisse , then rigorous , yet his manner of comming was by the sword , and that occasioneth men much to debate about his absolute power in the militia , as supposing that what power he had , other kings may , de jure , challenge the same ; and let that be taken for granted , though it will not necessarily follow in true reasoning : and let it also be taken for good , that henry the fourth , entered the throne by his sword , yet is there not any monument in story or antiquity , that favoureth any absolute right in him over the militia , but the current is , i think , somwhat clear against it . first , because henry the fourth , de jure , could not compell men to serve beyond the seas , but raised them by contract , and therefore by act of parliament , he did confirme the statute , ed. . stat. . cap. . which statute was purposely made to that end : and the same also is countenanced by another statute made in these times , whereof we now treat ; by the words whereof appeareth , that the souldiers for the forrain service were levied by contract , between them and the captain , who undertooke to levy them by wage ; so as none were then compelled to enter into service by imprest , or absolute command ; nor is there any authority amongst all those cited in calvins case , that doth mention any such thing ; but contrarily , that opinion of thirning is expresse , that the king cannot send men beyond seas to warres , without wages ; and therefore no man is bound to any such service , by any absolute legiance , as the reporter would understand the point ; but if he receiveth wages thereto , he by that contract binds himselfe . secondly , it seemeth also to be granted , that such as went voluntarily in the kings service , ever had the kings pay , after they were out of their counties , if the king ruled by his lawes , for by the statute formerly mentioned , the king did likewise confirm the statute of ed. . stat. . cap. . which is expresse in that point , and the matter in fact also is evident upon the records . thirdly , touching the arming of those that were thus levied , as their was a certain law , by which all men were assessed to certain armes , either by the service and tenure of their lands , or by parliament ; for such as were not bound to finde sufficient armes by their tenure , according as is contained in the statute , ed. . stat. ▪ cap. . so did henry the fourth , by the statute formerly mentioned to be made in his time , confirm that law of edward the third . in the argument of calvins case , it is much insisted upon , to prove the legiance of an english man to the king , to be absolute , because he hath power to send men to warre at his pleasure , and he hath onely power to make warre ; and if so , then hath he absolute power in the militia : as touching the power of sending men to warre , hath been already spoken ; but as touching the power to make warre , there is no doubt , but where a king hath made a league with another king , he onely can break that league , and so make warre ; and that opinion of brian must be agreed for good in that sense . but if a league be made by act of parliament , or if the king will have warre , and the parliament will make a league without him ; no authority doth in such case avouch , that it is the right of the king , or that he hath a legall power to break that league as he pleaseth : neither in the next place , hath the king any right or legall power to make war with his own subjects as he pleaseth , but is bound to maintain the peace , not onely by his oath at his coronation , but also by the lawes whereto he is bound , if he will reign in right of an english king : for every man knoweth , that the grounds of the statutes of wearing of liveries , was for the maintaining of the publique peace . and henry the fourth , amongst other provisions made against that trick , hath this ; that the king shall give onely his honourable livery to his lords temporall whom shall please him , and to his knights and esquires meniall , and to his knights and esquires which be of his retinue , and take of him their yearely fee for terme of life , and that no yeoman shall take or weare any livery of the king , nor of none other lord. and another law was made within one yeare ensuing , confirming the former , and providing , the prince may give liveries to such lords as he pleases , and to his meniall gentlemen , and that they may weare the same as in the kings case . by both which , the king and prince are both in one case , as touching the power of giving liveries , if the one hath absolute power , then hath the other the like ; if one be under the directory of law in that point , then is also the other : for it is clear , that the king is intended by the statute to be bound from giving liveries , and the people from wearing them , otherwise then in especiall cases ; and then the conclusion will be , that if the king may not give liveries to prejudice of the peace , then may he much lesse break the peace at his pleasure ; or levy men , armes and warre when he shall think most meet . take then away from the king absolute power to compell men to take up armes , otherwise then in case of forrain invasion ; power to compell men to goe out of their counties to war ; power to charge men for maintenance of the wars , power to make them find armes at his pleasure ; and lastly , power to break the peace , or doe ought that may tend thereto : certainly the power of the militia that remaineth , though never so surely setled in the kings hand , can never bite this nation . nor can the noise of the commission of array , intitle the king unto any such vast power , as is pretended : for though it be granted , that the commission of array was amended by the parliament in these times ; and secondly , that being so amended , it was to serve for a president or rule for the future ; yet will it not follow , that henry the fourth had , or any successours of his , hath any power of array originally from themselves , absolutely in themselves , or determinatively to such ends , as he , or they , shall thinke meete . first , as touching the amendment of the commission , it was done upon complaint made by the commons as a greivance , that such commissions had issued forth , as had been greivous , hurtfull , and dangerous ; and the king agrees to the amendments , upon advice had with the lords , and judges : and if it be true that the amendments were in the materiall clauses ( as it is granted ) then it seemeth that formerly a greater power was exercised then by law ought to have been ; and then hath not the king an absolute power of array , for the just power of a king , can be no greivance to the subject . secondly , if the commission of array thus mended , was to serve as a rule of array for the future , then there is a rule , beyond which , henry the fourth , and his successors may not goe ; and then it will also follow , that the power of array , is not originally , nor absolutely , in the king ; but from , and under the rule and law of the parliament : which rule was not made by the kings own directions , but ( as we are told ) beyond expectation , alterations were made in materiall parts of the commission , and the powers in execution there , whereof no complaint of greivance had been made . the issue then is , if the king had an universall power in the array ; the parliament likewise had a generall liberty , without any restriction to correct that power . lastly , suppose that this power of the parliament is executed , and concluded , by the commission thus amended , and that thereby the kings power is established , yet can it not be concluded , that this power is originally or absolutely in the king : it s not absolutely in him , because it is limited in these particulars . first , it s not continuall , because its onely in case of eminent danger . secondly , it s not generall upon all occasions , but onely in case of a forrain and sudden invasion and attempts . thirdly , the powers are not undefined , but circumscribed . . to array such as are armed , so as they cannot assesse armes upon such . . to compell those of able bodies and estates to be armed , and those of able estates , and not able bodies , to arme such as are of able bodies , and not estates : but this must be juxta facultates , and salvo statu . . whereas they straine themselves to make the statute of henry the fourth , and the commission of array , to consist with the statutes of e. . e. . and e. . thereby they affirm so many more restrictions unto this power of array , as those statutes are remediall in particular cases ; yet doe i not agree to their glosses , but leave them to the debate already published concerning the same . secondly , as this power was not absolutely in the king , so was it not originally from themselves , because they had not the legislative power concerning the same ; but the same was ever , and yet is , in the parliament ; hereof i shall note onely three particular instances . first , the militia is a posture , that extendeth as well to sea , as land : that which concerneth the sea , is the law of marque , and reprisall , granted to such of the people of this nation , as are pillaged by sea , by such as have the kings conduct , or publique truce . and by this law , the party pillaged , had to recompence himself upon that man that had pillaged him , or upon any other subject of that nation , in case upon request made of the magistrate in that nation , satisfaction be not given him for his wrong , it was a law made by the parliament , whereby the chancellor had power to grant such letters or commission , upon complaint to him made . this was grounded upon the statute of magna charta , concerning free trade , which had been prejudiced by the rigour of the conservators of the truce , against the kings subjects , although what was by them done was done in their own defence : and by which means , the forrainers were become bold to transgress , and the english fearfull in their own charge , and many laid aside their trade by sea , and thereby the strength of the kingdome was much impaired : nor is the equity of this law to be questioned , for if the magistrate upon complaint made , grants not releif , the offence becomes publique , and the nation chargeable , in nature of an accessory after the fact , and so the next man liable to give satisfaction , and to seek for releif at home . the king then hath a power to grant letters of marque , by sea or land , and this power is granted by parliament , and this power is a limited power , onely in particular cases , in regard that many times these prove in nature of the first , light skirmishes of a generall war. two other instances yet remain , concerning the order and government of the souldiers in the army ; the one concerning the souldiers pay , viz. that captains shall not abate the souldiers wages , but for their cloathing , under peril of fine to the king. the other concerning the souldiers service , that they shall not depart from their colours without leave , before the time of their service be expired , unlesse in case of sicknesse , or other good cause , testified and allowed by the captain ; and such as shall doe otherwise , shall suffer as fellons . which lawes could not have holden in force , had they not been made by parliament , in respect that the penalties concern the estates and lives of men , which are not to be invaded but by the law of the land : so as both captains and souldiers , as touching the legislative power , are not under the king in his personall capacity , but under the law of the parliament . lastly , as the rule of war was under the legislative power of the parliament , so was the rule of peace ; for whiles henry the sixth was in france , which was in his tenth yeare , from saint georges day , till february following : the scots propound tearmes of peace to the duke of glocester , he being then custos regni , which he referred to the order of the parliament , by whom it was determined , and the peace concluded in the absence of the king , and was holden as good and effectuall by both kingdomes , as if the king had been personally present in his full capacity . chap. xxiii . a survey of the reignes of edward the fourth , edward the fifth , and richard the third . the reign of henry the sixth , was for the most part , in the former parts of it , like fire buried up in the ashes ; and in the later parts breaking out into a flame : in the heat wherof , the duke of york , after fealty given by him to henry the sixth , and dispensation gotten from the pope , to break his faith , lost his life ; and left his sonne the mark-grave , to pursue his title to the crown , which he claimed by inheritance , but more especially by act of parliament made upon the agreement between henry the sixth , and his father . this was edward the fourth , who neverthelesse reserved himself to the election of the lords , and was by them received , and commended to the commons in the feild , by which meanes he gaining the possession , had also incouragement to maintain the same , yet never held himself a king of full age , so long as henry the sixth lived , which was the one half of his reigne : nor did he , though he held many parliaments , scarce reach higher then at reforming of trade , which was a theame well pleasing to the people , next unto their peace , which also the king carefully regarded . for although he had been a souldier of good experience , and therewith successfull , yet as one loath to trust too far , either the constancy of the people of his own dominion , or the fortune of war with his neighbouring princes , he did much by brave countenance and discourse : and yet gain'd repute to the english for valour , after the dishonorable times of henry the sixth . he had much to do with a wise king of france , that knew how to lay out three or foure calme words at any time to save the adventure of his peoples blood , and make a shew of mony to purchase the peaceable holding of that which was his , only by force , untill the winde proved more faire to bring all that continent under one head . in his government at home he met with many crosse gales , occasioned principally by his owne rashnesse , and neglect of the earl of warwicks approved freindship , which he had turned into professed enmity : and so weakned his own cause thereby , that he was once under water , his kingdome disposed of by a new intaile upon the heires of duke clarence , and so the earle of warwick remained constant to the house of york though this particular king was set aside . nor did he in all this , gaine any thing but a wife , who though his subject , and none of the greatest family , neither brought any interest unto her lord and husband amongst forraine princes , brought neverthelesse a pearle , which was beyond all ; which was the purchase of the union between the two houses of yorke , and lancaster , and a peaceable succession in the throne for a long while to come . it must be granted , that there fell therewith an unhappy inconvenience in the raising of a new nobility of the queenes kindred , of whom the ancient stock of nobility thought scorn , and yet they were so considerable , as to be envied . a wound hard to be cured , and yet easily avoyded , by such as know how to deny themselves . and therefore can be no prejudice unto that conclusion : that for an english king to marry his own subject , is more safe for the king , and beneficiall for the kingdome , then to marry a stranger . but edward the fourth did not long lye underneath ; upon the next faire gale he comes from beyond the sea , and ( like his first predecessor of the house of lancaster ) claimes only his dutchy , which no man could in reason deny to be his right , and therfore were the sooner ingaged with him in that accoust . this was an act that in the first undertaking seemed modest , but when it was done , appeared too bold to adventure it upon the censure of henry the sixth ; and therefore they were not more ready to ingage then slack to disingage , till they were secure in the kings interest , which not long after ensued , by the death of henry the sixth . thus edward the fourth recovered the crowne to save his dutchy . his government was not sutable ; for he came in by the people , but indeavored to uphold himself by forrain dependences ; as if he desired to spread his roots , rather wide then deep , how ill this choise was , the event shewed ; for plants that root wide may be strong enough against an outward storme , but they soon grow old , barren , and ro●t irrecoverably from beneath : such was the end of this mans government , himselfe lived and died a king , and left issue , both male and female , the one tasted the government , the other kissed it , but neither of them ever enjoyed further then a bare title . nor was the government of edward the fourth so secured by these ingagements of forrainers , for as he sought to delude so he was deluded , both by burgundy and scotland , to the prejudice of all three . towards his owne people , his carriage was not so much by law as by leave ; for he could fetch a course out of the old way of rule , satisfie himselfe , dissatisfie others , and yet never was called to account : what was done by intreaty no man could blame , and where entreaties are countenanced by power , no man durst contradict . thanks to his fate that had brought him upon a people tyred by warrs , scared by his successe , and loath to adventure much for the house of lancaster , in which no courage was left to adventure for it selfe . the greatest errour of his way was in the matter of revenue ; the former times had been unhappy in respect of good husbandry ; and edward the fourth was no man to gather heaps : his occasions conduced rather to diffuse , and his minde generally led the way thereto , so as its the lesse wonder if he called more for accommodations then the ordinary treasury of the crowne could supply : hereto therefore he used expedients , which in his former times , were more moderate ; for whiles henry the sixth lived , he did but borrow , by privy seale , and take tonnage and poundage by way of hire : afterwards when no starr appeared ( but what was inlightned from his own sun ) he was more plaine , and tried a new trick , called benevolence : unwelcome it was , not onely in regard of its owne nature , but much more in the end , for it was to serve the duke of burgundy in raising a warr against france in the first view , but in the conclusion to serve his own purse , both from freinds and foes : and yet this also passed without much controll , for when displeasure was like to ensue , he could speak faire , and feast , and if need was , kisse away all discontent . towards his end , as stale drinke , he grew sowre : for as in the first part of his reigne he had beene supplyed by good will against law ; so in his later times , he had gotten a trick of supply by law against good will : this was by penall laws , which are a remedy if they be used , ad terrorem , but if strained beyond that , the remedy proveth worse then the disease ; in their first institution they are formes of courtesie from the people to the king , but in the rigorous execution of them , are trialls of mastery of the king over the people , and are usually laid up against dayes of reckoning between the prince and them . those penall laws are best contrived , that with the greatest terrour to the delinquent bring the least profit to the kings coffers . once for all , this kings acts were many , his enterprises more , but seldome attaining that end which they faced . he was a man of warr , and did more by his fame then his sword , was no sooner resolved in good earnest but he died , left a kingdome unassured , his children young , and many freinds in shew , but in truth very few . now if ever was the kingdome in a trance , edward the fourth left a son , the prima materia , of a king , and who lived long enough to be inrolled amongst english kings , yet served the place no further , then to be an occasion to fill up the measure of the wickednesse of the duke of glocester , and a monument of gods displeasure against the house of edward the fourth ; whether for that breach of oath , or treachery against henry the sixth , or for what other cause , i cannot tell . but at the best this prince was in relation to his unkle the duke of glocester , little other then as an overseer to an executor , that might see and complaine , but cannot amend : for the duke ruled , over-ruled , and mis-ruled all under the name of edward the fifth , and left no monument of good government upon record , till he changed both the name and person of edward the fifth to richard the third ; his fame had lifted him up , and might have supported him had he regarded it . but as no man had more honor before he ascended the throne , so no man ever entred and sate theron with lesse ; his proceeds were from a protector to an usurper , and thence to a tyrant a scourg to the whol nation , especially the nobility ; and lastly an instrument of gods revenge upon himself , a man made up of clay and blood , living not loved , and dying unlamented . the manner of his government was strained , having once won the saddle , he is loath to be cast ; knowing himself guilty all over , and that nothing could absolve his fame but a parliament , he calls it , courts it , and where his wit could not reach to apologize , hee makes whole by recompence , takes a way benevolences ; he is ready to let them have their present desires , what can they have more : he promiseth good behaviour for the future , which he might the better do , because he had already attained his ends : thus in one parliament ( for he could hold no more ) he gave such content , as even to wonderment , he could as soone finde an army in the feild to fight for him , as the most meritorious of his predecessors . his ill title made him very jealous , and thereby tought his best freinds , to keep at a distance , after which time few escaped that came within his reach , and so he served gods judgement against his adjutants , though he understeod it not . amongst the rest , the duke of buckingham ( his great associate , both in the butchery of the two young princes , and usurpation of the royall scepter ; ) he lived till he had laid the foundation of better times in the person of henry the seventh , and then received his reward : but an ill conscience must be continually fed , or it will eat up its owne wombe . the kings minde delivered from feare of the sonnes of edward the fourth , now dead , torments himselfe with thoughts of his daughter alive ; ashamed he is of butchery of a girle , he chooseth a conceit of basterdizing the children of elizabeth graye , that calleth her self queen of england ; but this proved too hard to concoct ; soon after that , he goes a contrary way : the lady elizabeth graye is now undoubted wife of edward the fourth , and her eldest daughter , as undoubted heire to the crown . and so the king will now be contented to adventure himself into an incestuous marriage with her , if his own queen were not in the way , onely to secure the peace of the kingdome ; which , he good king , was bound in conscience to maintain , though with the perill of his owne soule ; and in this zeale of his conscience , his queen soon went out of the way , and so love is made to the young lady . but henry earle of richmond was there before , and the lady warily declined the choice , till the golden apple was won , which was not long after accomplished ; the king loosing both the lady , his crowne , and owne life together , put an end to much wickednesse , and had the end thereof in bosworth-feild . chap. xxiv . of the government in relation to the parliament . the seasons now in tract were of short continuance , lives passed away more speedily then years ; and it may seem uselesse to inquire what is the nature of the government in such a time , when as the greatest work was to maintain life and soul together ; and when all is done , little else is done . for though the title of the house of yorke was never so clear against that of lancaster ; yet it had been so long darkned with a continuall succession of kings of the red-rose , that either by their merit had gained a throne in the peoples hearts , or by their facility had yeilded their throne up to the peoples will ; as it proved not easie to convince them that liked well their present lot , and were doubtfull of change , or to make them tender of the right of edward the fourth above their own quiet . above threescore years now had england made triall of the government of the lancastrian princes , and thereof about thirty years experience had they of henry the sixth ; they saw he was a gentle prince . on the other side , edward the fourth , newly sprung up out of a root , watered with blood ; himself also a man for the feild . this might well put the minds of the people to a stand , what to think of this man , whose nature and ends are so doubtfull , and brought nothing to commend him to the good wills of the people , but his bare title ; which the common sort usually judge of , according as they see it prosper , more or lesse . add hereunto that divine providence did not so clearly , nor suddenly , determine his secret purpose concerning this change , by any constant successe to either part , by means whereof the one half of edward the fourths reign was spent , while as yet henry the sixth was in veiw , and the minds of men left unassured , neither trusting much to edward the fourth , nor he to them : and after that henry the sixth was gone out of the way , edward the fourth , could not readily change his posture , used arguments of force and power , and for the most part , looked like a man in armes , with his hand on his sword , ready to draw upon the next man that stands in his way . thus are the people partly driven , and partly drawn , into an oath of allegiance unto edward the fourth , under perill of attainder ; and the parliament assured unto him once more : for immediately upon the departure of edward the fourth beyond sea , after tenne yeares of his reign , the parliament ( never staying for the issue of providence ) declared the throne void of edward the fourth , and henry the sixth king. the judges likewise of the courts at westminster determined the same thing , as may appear by the law reports of those times in print : wherein re-attachments were often granted by them upon discontinuance of processe by this demise of edward the fourth . and thus henry the sixth is once more king for six moneths , viz. from october to aprill , at which time the ballance turns , edward the fourth returns , gets into the throne ; henry the sixth is again dethroned , all things are as they were , and all confirmed by act of parliament . for that body is ever wise enough to side with power , rather then to spend much time upon fruitless orders and votes , that will peirce no armour ; and therefore like the times , must needs be subject to fits of distemper at the comming in of every tide , and did build , and pull down , enact and disenact , turn and return , the english crown , from yorke to lancaster , and back again , and in conclusion , for some time did do little but undo . nor can they be justly censured herein ; for councells of men are not ordained to hinder divine providence , or over-rule fate , but to foresee , and close with occasions , in the most advantageous way for the publique good , and when both winds and currents are uncertain , to ride at flote , till they can discern the most commodious haven to winter in . to impute therefore fault unto the parliament in such cases for want of uniformity , and immutability of councells , is somewhat like the notion that batchelours conceit of wives , they would have , but they do not know what other , then an idea of their own fancy now if it be inquired which course prevailed , in order either to the kings royalty , or the peoples liberty , i shall answer neither of these ; but the house of yorke prevailed to hold the crown , and might have advanced the authority thereof , had they not falne out amongst themselves for the spoyle ; and edward the fourth was not altogether disposed thereto : the successe that he had in the feild , and his souldiery , made him look big like a king of the greater size ; but kings sleep not securely upon such pillowes ; when the militia is on hors-back , it is as ready to be a guard upon the king , as for him , and when it is most sober , not so easily governed as a common-wealth . and therefore edward the fourth , now in armes , though he found it a hard notion to maintain the peoples liberty , where no man is free from the souldier , yet he inclined thereto : we reade of multitude of taxations of all sorts , and of benevolences , the worst of all those sorts : for souldiers must have money , or if not , they will have it , but the king would not force things so far as his power could reach , he will have money , but it shall be by order of the parliament . he might have pretended much upon the commission of array , yet did it not , but chose rather to be lord of the seas : and because it was too great a farm for his private purse , he prayes aid of the parliament by the way of tonnage , and poundage , which was in demand nine yeares , before the parliament granted it ; and when it was granted , it was with such restrictions , that it is evident the king preferred the right of the parliament therein , above his private honour . secondly , titles of honour are but windy notions , and every one knowes what claim is made by kings , to have the sole interest in conferring the same ; this edward the fourth neglected so far , as he interested the parliament , both in the in the conferring of them , and resuming of the same . thirdly , the course of trade was now more especially looked to , not by the king and privy councell , but by the parliament ; and because it was much decayed , partly by reason of the ill government thereof , and partly by the excessive lavishnesse of these times , many lawes are made for remedy of both . and first , the staple was settled sometimes at callis alone , sometimes at it , and middleburrough , and by this means england gained trade from both nations ; but the principall thanks is to be given to the interest between the king and the house of burgundy . then course is taken for the bringing of the staple commodities onely to those places , and the return to be made in money , and not commodity by exchange . then for the well making of staple manufactures , and restraining importation of forrain manufactures of such kinds . then against transporting of english coyn , and importing of forrain coyn , other then bullion . and as touching the second greivance , it seems gallantry , or vanity of apparrel was a sore disease of these times , which were become times of fashions , and wherein the king led the way by his own example ; for he desired to be brave , and that he might be more brave , he passed lawes that the people should be lesse brave , assessing a sort of apparrell for every degree , and therein stooped so low , as to define the fashions of their very shooes . fourthly , the parliament retained their ancient right of reducing the course of judicature ; for whereas sheriffs had hitherto holden their course of triall of the meaner sort of fellonies , and trespasses , and offences , determinable onely by imprisonment , or fines and amerciaments ; whereby mens estates did lie under the continuall pillage of these covetous and extorting officers : it was established by the parliament , that these men should have for the future , onely power of inquiry , and to certifie at the next sessions , and there the triall to be , and fines and amerciaments to be set , taxed ; and estreated , unto the exchequor , and from thence to be levied , and thereof the sheriff to give account ; this was a great security to the peoples estates , but gave them not a full remedy : for though the triall was now more fair , yet these officers were judges of suspition , and had still power upon suspition to imprison their persons , and seize their estates , under colour to save them for the king , in case conviction followed . for remedy hereof , the justices of the peace have now power given them to bail , in cases of light suspition , and it is further declared , that no mans estate shall be first seized , till conviction and attainder first be had . and because estheators grew no lesse burdensome in their way ; it was therefore ordered , that no man shall be allowed in such office , unlesse he hath lands to the vallue of twenty pounds per annum , and that he shall be responsable for such wrong done by himself , or by his deputy and farmer . thus edward the fourth quitted himself like a king in many regards , but soon ran himself out of breath , gave his lamp to his sonne , that was too weake to hold it ; a third snatches it away , and for two yeares carrying it exceeding well , yeilded up all incroached royalty to the people , and his crown and life to his successor . chap. xxv . the condition of the clergy . if any gains were had in these uncertain times , the church-men might seem to have them , having now this advantage , that the commonalty was distracted with uncertain interests of the succession of the crown : and themselves onely united under the popedome , now freed from all schisme : and the popedome mannaged by sixtus the fourth , who had the hap to be accounted more vertuous , then any of his predecessors had been , and to have all the christian princes wholly at his devotion , and lastly , both the clergy , and the kings were now joyntly ingaged against the rising power of religion , then called heresie , in order whereunto , the clergy leading the way , had the applause of them that followed upon an implicite faith , that whatsoever was done , was exceeding well done . nor was it wisdome for kings that sate loose in their thrones , to stumble the good opinions of so considerable party towards them . and therefore edward the fourth , in his first entrance , granted to the clergy , that which could never be by them obtained from any of the foregoing kings , viz. free liberty of process in all cases ecclesiasticall , and in tythes of wood above twenty yeares growth ; and in case they were troubled upon the statutes of provisors , they should have their remedy in the chancery , against those judges , and their proceedings in such cases to be there cancelled . this was done by charter , and was sufficient to shew what the desire of the clergy , and the intention of the king was , viz. at once to favour the church , and under colour of favour done to the clergy ●o cancell both common and statute lawes of the kingdome , by the power of the chancellors decree ; neverthelesse , all this was but the kings breath , the policie changed never a whit the more . for the common law held on its course , not onely in cases depending before the holy chair , but also even before the bishop of the diocess at home ; so as neither the king was concluded from his suit , nor the party endammaged from his action by any such charter . and so far was the judges of the common law from being bound by the chancery in such cases , that they professed they would not delay to grant the habeas corpus , to deliver any prisoner by decree of the chancellor , in any case triable at the common law : much lesse did the parliament favour these men so far , as to give them any countenance in any way of gain upon themselves , but rather made bold with what the church-men in former times challenged as their own , and upon this account , whereas formerly it had inhibited fairs and markets upon the lords day : now it inhibited the sale of boots , shooes , &c. upon that day , though done never so privately , which they did at the first , onely within the city of london , and three miles thereof . i suppose it was made onely by way of triall , it being dangerous in such times to give a stop to all england at once , otherwise it might be wondered , why gods honour should be better regarded in london , then all the realm besides : of this inchroachment we finde no complaint made by the church-men ; another touched them to the quick , although it befell onely the archbishopricke of yorke . hitherto that so held ordinary jurisdiction over all the bishops of scotland , as being their provinciall . now it is disclaimed by them all , and they are backed therein by their king , under pretence of great inconvenience to his bishops in their so far travells ; but in truth , not unlike to jeroboam , though he pretended it was too much for them , yet he thought it unsafe for himself , that his bishops should owe canonicall obedience to the subject of another prince , and upon this ground prevailed with pope sixtus the fourth , to make the divorse , and left it to future ages , to try the validity thereof , if they would . this is all that i shall observe of the government of these three kings , whose reigns in the whole , exceeded not twenty six yeares , and their compleat power therein , not much above half so many . chap. xxvi . a short summ of the reignes of henry the seventh , and henry the eighth . the course of english policy hitherto wandering in the different currents , springing from the double head of monarchy , and democracy , and in them likewise , often tossed up and down , partly by the blasts of windy titles and pretentions , and partly by the raging tides from the roman sea , now begin to come to anchor within veiw of shore . happy england , if the same prove good harbarage for a fainting nation . two kings now undertake the stearage ; the worke of the first was to still the winds , the other the seas , and so to bring the adventure safe home . henry the seventh , hapned upon a good preparative for this work , in that he delivered the kingdom from a tyrant , whose irregular and bloody way was so odious to the people , that it set a foil upon his successors government , and made his wisdom , vallour and justice , appear greater then possibly it was . his vallour made way for the other two , he had enough thereof to serve a wise man in case of extremitie ; at other times he made more use of his majesty , then manhood ; being confident that the people knew not where to mend themselves , but would be at his devotion , so long as he was better then his predecessor , though he cared not how little . his wisdome was his greatest part , of which , upon all occasions he made the greatest improvement he could , without reflecting upon conscience , or religion , whereof he had tasted no more then would render him a civill man , whereunto his education did lead the way : thus , though his vallour brought him to the crown , yet it was his wisdome that settled him in the throne . for though he loved himself so well , that he was loath to pretend allowance of any access of forrain help to his own atcheivement in his title , or that he was guilty in the least manner in his entry upon the throne ; yet to keep danger far off , he provided one guard for his person , and many for his title . that of his person he pretended onely as a ceremony of state brought from the french court , and yet its strange that it went so well down with a free people : for that prince that will keep guards about his person in the midst of his own people , may as well double them into the pitch of an army whensoever he pleases to be fearfull ; and so turn the royall power of law into force of armes : but it was the french fashion , and the kings good hope to have all taken in the best sense . his title ( setting aside the saying of phillip the hardy , that kingdomes onely belong to them that can get them ) would hardly endure the touch , till pope inocent by his bull , confirmed the crown to him to hold by a sixfold right , viz. of inheritance , of warre , of espousals , of election , of gift by parliament , and lastly , of pontificiall benediction ; which the king liked marvellous well , and the rather because his title by marriage was buried up in the middle , and so made the lesse noyse . for though it was his best guard , yet he liked not that it should be so reputed , least his title should seem rather conferred upon him , then gained by him , and so should hold by a woman , or at the best , by the courtesie of england , if the peoples favour should so far extend the law in that point , by both which he holds the honour of a compleat english king diminished : his title by inheritance is much disputable , if the right heires of john of gaunt be inquired after : and much more that of warre , for although that brought the possession , yet no right or title , but by wrong ; which may indeed be plaistred over by election , or act of parliament , but then he must be tenant to the people . as touching the pontificiall benediction , himselfe tooke that but as a redundancy , that might sway with the clergy , and do his title no hurt . neverthelesse what severally they cannot do , by joynt concurrence he accounts so fully done as if he were a king against all the world , and more , yet is he not sure enough , but as one jealous is more tender , so is his eye ever upon his title ; there is his guard and regard , as if it were the outworks of his crown , which once lost , the crown cannot hold out long . in this work he minded so much his greatnesse , that he lost the repute of his goodnesse , then casting his eye upon the government and finding it of a mixt temper , wherein if royalty prevails not , popularity will ; like a good souldier whiles his strength is full he sallies upon the peoples liberties , in regard of their persons with such cunning conveyance , as he taught the people to dance more often and better to the tune of prerogative and allegiance , then all his predecessors had done ; nor did the people perceive it til they were over their shoos , and then they clearly saw their condition , and that it was in vaine for them to wrangle with their own acts , of which more particularly in the next chapter . the legiance of persons of the people once gained , their estates more easily follow , and therefore though in the former he wrought by ambuscado , in this he may be more brave , and charge them in the van ; yet this also he did by degrees , first by light skermishes of borrowing smaller sums of money ( possibly when he had no need ) and paying them againe , thereby to gain credit for greater sums , of which he intended not so suddain returne . then he charges them home with benevolences ( a trick gained in right of his wife from her father ) for he hoped that the person of richard the third was now become so abominable as his laws would be the lesse regarded . but in this course he gained nothing but winde ; then ( as edward the fourth ) he falls upon malevolences of penall lawes ; things made , in terrorem , to scare men to obedience , rather then to compell them ; but are now executed , ad angorem , and the people find that he is but a word and a blow with them , and thus serving his prerogative with power , and his purse with his prerogative , he made all serve his owne turne , humanitatem omnem vicente periculo . in the feild he alwayes put his wisdome in the van , for as he was parcimonious in expences of money , so much rather of blood , if he could prevaile by wit ; generally he was the first in armes , to make men beleeve he was more ready to fight then they : thus he many times gained the advantage of his adversaries , and sometimes came off without blowes . in the battell he did put on courage as he did his armor , and would dare to adventure just as far as a generall should , as if he had ever regard of his crown , rather then of the honor of a forward souldier , which neverthelesse was also so dear to him as he is seldome found in the reare , although his judgment commanded in cheife rather then his courage . in the throne he is much more wise , because he was willing it should be known . in doing justice he is seldome suspected , unlesse where himselfe is party , and yet then he is also so shamfaced as he would ever either stalk behinde some law that had a semblance to his ends , or when he meant to step out of the way he would put his ministers before ; not so much that his finenesse might be known , but his royalty . for the lion hunts not his own prey , nor is it regall for a king to be seen in catching of mony , though he be understood ; besides it was needlesse , he had lords , bishops , judges , and other instruments of malevolent aspect , as so many furies , outwardly resembling men for the common-wealth , but working for the common mischeife ; like some pictures one way looking right , and another looking wrong ; and thus the king comes lawfully by what he catched , though his instruments did not , and must be still holden for a good king , though it be his hard hap to have ill servants . take him now amongst the people he is alike to all , yea in some things that might seem to brush upon the kings owne traine ; for he had some of his suite that were not altogether of his minde , and these he would spare to the course of justice if need were ; as it befell in the case of the duke of suffolk , whom he suffered to be tried at the kings bench bar , for a murther done upon a meane person , and by such meanes obtained the repute of a zealous justiciar , as if justice had been his principall vertue . all this suited well with his maine end ; for he that will milk his cattell must feed them well ; and it incourages men to gather and lay up , when they have law to hold by what they have . his religion i touch upon in the last place , as most proper to his temper , for it was the last in his thought , though many times the first in the acting ; but where it stood in his way he turned it behinde him , he made church-men his instruments , that the matter might better relish , for who wil expect ought save well from men of religion , and then if the worst come , he was but misled by such , as in common reason ought to be trusted . and it is his unhappynesse to meet with clergy men to serve a turn , and a pope to give his benediction to a●l . nor was this gratis , for there were as many mutuall ingagements between the clergy and him , as any of his predecessors of the hous of lancaster besids . lastly , it may wel be supposed however wise this king seemed to be , that many saw through him , which procured him a troublesome reigne ; though many times occasioned by his owne interposing in forraine interests , wherein he suffered more from others then they from him . amongst the rest the dutches of burgundy ( though a woman shee were ) mated him with phantomes and apparitions of dead bodyes of the house of yorke , the scare whereof put the king and all his people in allarme , and striking at idle shadows slew one another . all which , together with the appearances of collections , taxes , and other accoutrements , to furnish such imployments , were enough to disturb that ease and rest that the king aimed to enjoy , make him burdensome to his people , and both himselfe and them weary of each other ; and so he went down to the grave with but a dry funerall , leaving no better testimony behinde him then that he was a cunning man , rather then a wise english king : and though he died rich , yet is he since grown into debt to the pen-men of his story , that by their owne excellency have rendred him a better king then he was . henry the eight was a conception , in whom the two bloods of yorke and lancaster did meete , both of them unconquered , both of them predominant ; and therefore no wonder if he was a man beyond the ordinary proportion of other men in stature of body , and in qualities of mind not disproportionable . it s regularly true that great bodies move slowly , but it holds not where much spirit is , and it was the condition of this prince to have a spirit of the largest size that acted him into motion with no lesse speed then mighty power . this himselfe understood right well , and therefore might be haughty upon a double title both of purchase and inheritance ; nor did he faile of expectation herein , for he could not endure that man that would owne his right in competition with the kings aimes , and therefore would have his kingdome be like his doublet to keep him warme , and yet sit loose about him that he might have elbow room ; suitable hereunto were his undertakings , invited thereunto by the inordinate motions or rather commotions of his neighbouring princes ; for it was now full sea in all countries ; and though england was inferiour to some of them , yet the king held it dishonorable for him not to adventure as far as the bravest of them , and in the end outwent them all : what he wanted in number , he supplyed in courage ; wherein he so exceeded that he avoyded dangers , rather out of judgment then feare . his thoughts , resolutions , indeavors , and actions , were all the birth of occasion , and of each other ; as if he had obtained a generall passe from providence , with warranty against all counterguards whatsoever . his wisdome served him to espy present opportunities , rather then to foresee them , and therefore was not so crafty as his father in preventing occasions , yet more dexterious in giving them the rout . for he could mannage his hand and foote better then his father , strike down-right blowes , and rather then he would faile of his ends would make one , as many times he did . another advantage he had of his father , for considering the times , he was a learned king , which made his actions carry more majesty , and like a well feathered arrow from a strong hand drive through the winde stedily to the marke , when as his father like a weak archer must raise his compasse , and crave aid of the winde to help him to be right in the end . it s affirmed by some , that henry the eight was courteous and debonaire , if so , he must thanke his education ; but it may be rather supposed , that upon occasion he used the art of insinuation , which he might learn both from the father side , and mother side ; but he neither practised it much , nor did he rely upon that skill , for his resolution led him to cut the knot that he could not unty . his learning led him most to divinity , and therein shewed him light enough to see much into the mystery of iniquity , which he did explain to the world passing well ; but as touching devotion , he left that to the care of the church-men . he was very well accommodated with money ; first , from the full coffers left by his father , much whereof he spent in pastimes and gallantry , as he was heire to edward the fourth , and much also in his devotion to the pope , as he was heire to henry the seventh , in liew of all which , he was rewarded with a title , defender of the faith ; and so much ill gotten , was much ill spent . but a better supply he had when rome and he parted asunder , and the current of the riches of the clergy was stopped from running at waste , and returned into the kings own treasury , and so might have died the richest prince in the world , but that he wanted the main clause in the conveyance , to have and to hold . the wisdome of god so ordered it , for these felicities were too great and many for any moderate spirit to bear gently , much more for the kings spirit , that was ever on the pinacle , and grown to that height , that like an embossed stagge , none must cope with him , he must run and out-run all ; none must crosse him under extream perill , no good is to be done but by following afar of ; nor is it a full wonder if in this his heat , he knowes neither faithfull servant , councellour , nor wife , but strikes at all that stands in his way . neverthelesse , in his coole temper , and when he was intangled with some perplexed occasion , he could use the advantage of good councell , and the wits of others that were more crafty then himself , wherein it was his good hap to have some ever nigh him that were for his turn , and unto them committed much , that himself might be at ease to hear good newes of successefull dispatches . in his youth he was served by the wise councellors trained up by his father , and he then willing enough for his pleasure , was contented by their advice to serve his people for a time , that they might be his servants for ever . the two great conduit pipes of this treasury , which he had from his father , he cut off at his peoples request , as if he loved his people above all his riches ; and after that , he laid aside his pleasures , and youthfull company to apply himself more closely to the affairs of his kingdome , as if he loved that above all pleasure : which neverthelesse stuck to him so long as he lived , and swayed too much in the greatest affairs of his government . thus the first heat of his course was run well ; so long as the privy councell continued moderately poysed : but no sooner began one of them to put up beyond his place , and to bid adue to the advice of all the rest ; but he gets the uppermost seat in the kings head , makes a foot-stoole of the kings heart , and then it s two to one that the people in such cases must bear the greater burden ; for who ever first said it , he said most true , that prerogative in the hand of a king , is a scepter of gold , but in the hand of a subject , it is a rod of iron . the reigne of this king henry the eighth , serve us with much experience of this kinde , for if the consideration of the affairs of this government should be divided , the same would be double ; the one under the regiment of cardinall woolsy , the other of the king , by cromwell , cranmer , gardner , and others interchangeably . i call that of woolsy a regiment , for he was in nature or condition of a pro rex , during the kings juvenility . this temporizer thus super-induced upon a cardinall raised from mean degree to be legate è latere , courted by forrain princes , flattered by the emperour with titles of sonne and cousin , made him lead a dance , that the king ( however active he was ) is put to his carreere to hold him company ; which the king perceiving , tripped up his heels , and left the arch-bishop , the chancellour , the cardinall , the legate , and many more with him , lying on the ground : no pride like to that of the clergy , whose parts are more sublime , and apprehensions clear : if god addeth not a superiour work to rule over all , a litle honour will blow up all with a powder . the king having thus matched the cardinall , forgot his former naturall pace , and once in a heat , could coole no more , till death cooled him . he knew by experience , that the cardinall could over-awe the people ; why should not the king doe as much , if the lords stooped to the cardinall , why not much rather to the king ? the cardinall pulled down , reared up , turned square to round , why should he be lesse then his subjects ? such conceits as these soon wounde up the kings minde to that height , that its death to him to stoop one inch lower to more moderate advice , though he loved their persons never so well ; but all must be content with the weight of his arme , though it were no small one ; and yet in point of religion , affaires tended to a kinde of reformation all this while . chap. xxvii . of the state of the crowne . that the crowne of england now abounded more in flowers then crosses , the face of story doth hold forth to ordinary observation ; and yet few are satisfied , either in the true nature of the particular advantages , or in the manner how they were obtained , or in their continuance . i must therefore make a little stop upon them , because in the true discerning of them , the discovery of the nature of the government in later dayes doth much depend . hitherto the crown came short of absolute power over the people , upon two grounds in observation ; one relating to the clergy , the other to the laity . the church-men were heretofore under a forrain power , and a forrain law , against which , kings durst not deeply ingage ; either not being assured of their own title , or imployed in pursuit of other game , or being of a weak spirit , were scared with the thunder-bolt of the popes curse : but the laity were under another law , and such an one , as by clear and unquestionable custome , had established bounds , between the way of kings , and the rights of the people : neither did kings directly invade those borders , either led thereto by a kind of conscience in such of them as were morally inclined , or in others by a kind of fear of raising up earth-quakes from beneath , which commonly doth overthrow high towers sooner then windes from above . but now such interests are laid aside fast asleep , by two kings ; whereof one cared not much for fear , and neither of them for conscience : for henry the seventh , having leisure to study the nature , and contemplate the fashion of the english crown , dislikes the modell in some particulars : it was not rich enough , nor well poysed to his minde , which ever was not to be poore , but towards his later time to be exceeding rich ; as supposing that to be the onely way to be more desirable to freinds , formidable to enemies , and absolute over his people . and this opinion of his missed in the main end , though it attained his immediate desire ; for by mistaking the right way , it made a rich king , but not a rich crown ; he delighted more in the riches of his people , then in a rich people ; and this bred no good blood , because the people thought that the law was not on his side in that matter . they suffered him to visit their purses , but are loath it should prove customary , least they should loose their common right , they therefore choose rather to give him power by act of parliament , to revoke letters patents , and grants , and make resumptions of offices , fees , annuities , and the like , that he might rather repossesse his owne , then possesse theirs ; many penall lawes likewise of a limited and temporary regard are made ; and as cheese after a full dinner , they close up all with subsidies : for it was evident to all men , that the royall mind of the king served no further then to take what was given ; provided that the people would give what else would be taken . by this means henry the seventh left rich coffers to descend to henry the eighth , but the crown was still the same in price . in this act of the play , the people carry away the plaudite : the second act was the point of allegiance , wherein both parts carry themselves so cunningly , as its hard to adjudge the garland , yet it may be thought , the king observed it rather , because he offered all the play , whiles the people did onely lie at their close guard . the whole project consisted in this , to gaine a more absolute allegiance from the english to their king : and because this is exemplified partly in warre , and partly in peace , that part which concerneth warre , will more properly fall under the consideration of the militia ; and therefore i shall refer the same to that head in the . chapter ensuing , and will come to the second consideration of allegiance , in relation to peace , and therein touch upon the kings power in making of lawes , and of judicature according to those lawes . as touching the making of lawes , the ingenuity of henry the seventh , could not suffer him to make any claim thereto in any positive way , yet his actions declare that his heart was that way : for being beset with troubles , he could often fancy dangers , and arme himself ; then call a parliament , who were wise enough to grant as readily as he asked , rather then to be compelled thereto : so he had lawes made according to his own will , though he made them not . the matter of judicature comes next , and therein he made his judges appear , and not himselfe , though they did not onely represent his person , but his minde ; so things were done according to his minde , though he did them not : and thus his excellency seemed more eminent in finding and making instruments fitting to do his work , then in doing his own work . neverthelesse , all this was but from hand to mouth ; no fundamentall law is altered all this while ; if the lawes were made by parliament , the king made them not ; if the judges turned the law to the kings eare , the law was still the crown , though the king wore it . but henry the eighth was no such man , he had not this skill of undermining , nor desired it ; he was tender of the least diminution of his honour , industrious in finding out the occasion , and a most resolved man to remove it out of the way , though it reached as high as the triple crown ; a man underneath many passions , but above fear : what need ●he care for pretences , his father loved riches , he power ; when he came to traverse his ground , he found quickly where the church-men trespassed upon him , and began with them , resting upon the wisdome of his father , and the infallibility of the pope . henry the eighth , had taken to wife katherine his brothers dowager , and continued in that condition eighteen years without wrinkle of fame , till the great successe of charles the fifth , the queens brother against the pope , and french , scared the king into a jealousie of his greatnesse , and the emperours failing in courtesie to cardinall woolsy , the kings achates , stirred the cardinals spirit to revenge , for the losse of his hopes in the popedome . for the cardinall finding the kings mind to linger after another bed-fellow , by whom he might have a sonne , he made the french embassadour his instrument to mind the king of his unlawfull marriage with the queen , and to mention unto him margaret d' allanson a princesse of france , both in blood and beauty . the king liked the notion of divorse , but disliked the motion concerning the french lady , himself being prepossessed with a fair object at home , the lady anne bullen , then attending upon the queen ; and thus being moved , entered into a scrutiny concerning the condition of his marriage , wherein he had been formerly touched , both by the french and spaniards themselves upon severall motions made . first , between charles the fifth , and afterwards between the dauphine and the lady mary , afterwards queen ; hereat the cardinall winked all the while , till the infallibility of the chair at rome came upon the stage ; then bestirring his wits , he lodged the case upon appeale thither , as he hoped beyond all further appeale , and so held the king there fast , till himself might accomplish his own ends . but the wheele once set a running would not stay ; the king espies the cardinall in his way , and bears him down , then finding the fallacy of the infallible chair , he hearkens after other doctors , followes their light ; and being loath to hear what he expected from rome , he stopped the way to all importation of such merchandize , as might be any wayes prejudiciall to the prerogative royall , with the penalty of losse of land , or liberty and fine , the two later being formerly warranted by law : the first served as a scare , for ( though it were but by proclamation ) men might justly fear that he that was so stout against the pope , would not stick to scourge his owne subjects out of his way in the time of his heat . the king thus entered the lists , both against pope and cardinall , now under praemuniri ( whereof he died ) meets the english clergy , ( thus loosing their top-gallant ) standing up in the reare against him , and talking at large . neverthelesse , the king stops not his carreere , puts them to the rout for maintaining the power legatine . they soon submit , crave pardon , give a summe of money , and perfume their sacrifice with that sweet incense of supreame head of the church of england . this was done , not by way of donation , ( for the convocation had no such power ) but by way of acknowledgement in flat opposition to the jurisdiction of the pope : it became the common subject of discourse amongst all sorts , but of wonderment to the pope : yet for fear of worse , he speaks faire , for he was not in posture to contest , but all would do no good ; the queen had appealed to rome , the pope by woolsies advice makes delayes : the parliament espying the advantage ; at once tooke all appeales to rome away , and established all sentences made or to be made within this land , notwithstanding any act from rome ; and enjoyned the english clergy to administer the severall acts of publique worship , notwithstanding any inhibition or excommunication from any forrain pretended power : the grounds upon the preamble of the law will appeare to be two . first , that the king of england is supream head in rendring justice within the nation in all causes therein arising , which is more then the recognisance of the clergy two yeares before this act did hold forth , yet this acknowledgment is not absolute , but in opposition to forraine pretentions . secondly , that the clergy in england having power , may in matters spirituall determine all doubts without forrain help , and administer such duties as to their place do belong ; not hereby determining that the church-men ever had such power by law , nor that they ought originally to have such power . they never had it , for no sooner were they disjoyned from the laity in these affaires , but immediately they were under the pope , and received their power from him . and , de jure , they cannot challenge such power , but by a positive law , such as this law of henry the eighth , which also giveth but a restrictive and limited power , viz : in matters testamentary , of divorce , matrimony , tithes , oblations , and obventions . so as if they will challenge such power , they must thanke the parliament for it and use the same accordingly as persons deputed therunto ; and not in their owne right or right of their places . in all this the kings supremacy is but obscurely asserted , and rather by implication , shewing what in reason may be holden , then by declaration of what was , making way thereby , first , into the opinions of men before they were enjoyned to determine their actions , but within two yeares ensuing or thereabout , the law is made positive , the king shall be taken and accepted the onely supreame head on earth of the church of england ; and have power to visite , correct , represse , redresse , reforme , restraine , order , and amend , all such errours , heresies , abuses , offenses , contempts , and enormities , as by any manner of spirituall authority , or jurisdiction , ought or may lawfully be reformed . which in the preamble is saide to be made to confirm what the clergy in their convocation formerly had recognized . the corps of his act is to secure the kings title , the kings power , and the kings profit . as touching the kings title it is sayde , that in right it did formerly belong to him , which is to be granted by all so far as the power is rightly understood . but as touching the kings profit it cannot be saide that the whole lump thereof did belong to the king , because much thereof was not so ancient , but , de novo , raised by the popes extortion ; and therefore the true and reall profits are by particular acts of parliament ensuing in speciall words devolved upon him . the nature of this power is layd downe in this statute under a three fold expression . first , it is a visitatory , or a reforming power which is executed by inquiry of offences against lawes established , and by executing such lawes . secondly , it is an ordinary jurisdiction , for it is such as by any spirituall authority maybe acted against irregularities ; and thus the title of supreame ordinary is confirmed . thirdly , it is such a power as must be regulatd by law , and in such manner as by any spirituall authority may lawfully be reformed . it is not therefore any absolute arbitrary power ; for that belongs onely to the supreame head in heaven . nor is it any legislative power , for so the law should be the birth of this power , and his power could not then be regulated by the law : nor could ever ordinary execute such a power , nor did henry the eighth ever make claime to any such power , though he loved to be much trusted . lastly , this power was such a power as was gained formerly from the king by forraine usurpation , which must be intended , de rebus licitis , and once in possession of the crown , or in right thereto belonging according to the law , for the king hath no power thereby to confer church-livings by provisorship , or to carry the keyes and turn the infallible chaire into an infallible throne . in breife , this power was such as the king hath in the common-wealth ; neither legislative , nor absolute in the executive , but in order to the unity and peace of the kingdome . this was the right of the crowne which was ever claimed ; but not enjoyed further then the english scepter was able to match the romish keyes : and now the same being restored by act of parliament , is also confirmed by an oath enjoyned to be taken by the people , binding them to acknowledge the king under god supreame head on earth of the church of england , ireland , and the kings dominions , in opposition to all forraine jurisdiction . and lastly , by a law which bound all the people to maintaine the kings title of defender of the faith , and of the church of england and ireland , in earth the supream head , under the perill of treason in every one that shall attempt to deprive the crowne of that title . we must descend to particulars , for by this it will appeare that these generall lawes concerning the kings refined title , contained little more then matters of notion , otherwise then a generall barr to the popes future interests : and therefore the wisdome of the state ( as if nothing had been already done ) did by degrees parcell out by severall acts of parliament the particular interests of the popes usurped authority in such manner as to them seemed best . and first , concerning the legislative power in church government ; it cannot be denied but the pope ; de facto had the power of a negative vote in all councels and unto that had also a binding power in making lawes , decrees , and decretalls out of his own breast ; but this was gotten by plunder , he never had any right to headship of the church , nor to any such power in right of such preferment , nor was this given to the king as head of the church , but with such limitations and qualifications , that its evident it never was in the crowne , or rightly belonging thereto . first , nigh three yeares after this recognition by the clergy in their convocation , it is urged upon them , and they passe their promise , in verbo sacerdotii . and lastly it is confirmed by act of parliament , that they shall never make , publish , or execute any new canon or constitution provinciall or other unlesse the kings assent and license be first had thereto ; and the offences against this law made punishable by fine and imprisonment : so as the clergy are now holden under a double bond , one the honor of their preisthood which binds their wills , and consciences ; the other the act of parliament which bindes their powers , so as they now neither will nor can start . neverthelesse there is nothing in this law nor in the future practise of this king that doth either give or assert any power to the king and convocation to binde or conclude the clergy or the people , without an act of parliament concurring , and inforcing the same : and yet what is already done , is more then any of the kings predecessors ever had in their possession . a second prerogative was a definitive power in point of doctrine , and worship . for it is enacted , that all determinations , declarations , decrees , definitions , resolutions , and ordinances according to gods word , and christs gospell , by the kings advise , and confirmation , by letters patents under the great seale , at any time hereafter made , and published by the arch-bishops , bishops , and doctors , now appointed by the king or the whole clergy of england , in matters of the christian faith , and lawfull rights and ceremonies of the same , shall be by the people fully beleeved and obeyed under penalties therein comprized : provided that nothing be done contrary to the lawes , and statutes of this realme . a law of a new birth , and not an old law newly revived , or restored . this the present occasion , and the naturall constitution of the law do fully manifest : the occasion was the present perplexity of the people , for in stead of the statute , ex officio which was now taken away , the six articles commonly called the six stringed whip was gotten into power by a more legall and effectuall originall . the parliament had heard the cries of the people concerning this , and having two things to eye at once ; one to provide for the peoples liberty , and further security against forrain pretentions ; the other ( which was more difficult ) for the liberties of the consciences of multitudes of men of severall opinions ( which could not agree in one judgement , and by discord might make way for the romish party to recover its first ground ) and finding it impossible for them to hunt both games at once , partly because themselves were divided in opinion , and the bone once cast amongst them might put their own co-existence to the question , and partly because the worke would be long , require much debate , and retard all other affaires of the common-wealth , which were now both many , and weighty . in this troubled wave they therefore wisely determine to hold on their course in that worke which was most properly theirs , and lay before them : and as touching this matter concerning doctrine , they agreed in that wherein they could agree , viz. to refer the matter to the king and persons of skill in that mistery of religion , to settle the same for the present till the parliament had better leisure , the people more light , and the mindes of the people more perswaded of the way . thus the estates and consciences of the people for the present must indure , in deposito of the king and other persons , that a kind of interim might be composed , and the church for the present might enjoy a kind of twilight rather then lye under continuall darknesse , and by waiting for the sun rising be in a better preparation thereunto . for the words of the statute are , that all must be done without any partiall respect or affection to the papisticall sort or any other sect or sects whatsoever . unto this agreement both parties were inclined by diverse regards . for the romanists , though having the possession yet being doubtfull of their strength to hold the same , if it came to the push of the pike , in regard that the house of commons wanted faith , as the bishop of rochester was pleased to say , in the house of lords ; and that liberty of conscience was then a pleasing theame , as wel as libertie of estates , to all the people . these men might therefore trust the king with their interests , having had long experience of his principles : and therefore as supream head , they held him most meete to have the care of this matter , for still this title brings on the vann of all these acts of parliament . on the other side , that party that stood for reformation , though they began to put up head , yet not assured of their owne power , and being so exceedingly oppressed with the six articles , as they could not expect a worse condition , but in probabililty might finde a better ; they therefore also cast themselves upon the king , who had already been well baited by the german princes , and divines , and the outcries of his owne people , and possibly might entertain some prejudice at length at that manner of woship that had its originall from that arch enemy of his head-ship of the church of england . nor did the issue fall out altogether unsutable to these expectations : for the king did somewhat to unsettle what was already done , and abated in some measure the flame and heat of the statute , although nothing was established in the opposite thereto , but the whole rested much upon the disposition of a king subject to change . as touching the constitution of this law ; that also shewes that this was not derived from the ancient right of the crowne now restored , but by the positive concession of the people in their representative , in regard it is not absolute , but qualified and limited diversly . first , this power is given to this king , not to his successors , for they are left out of the act , so as they trusted not the king ; but henry the eighth , and what they did was for his owne sake . secondly , they trusted the king , but he must be advised by councell of men of skill . thirdly , they must not respect any sect , or those of the papisticall sort . fourthly , all must be according to gods word , and christs gospel . and lastly , nothing must be done contrary to the laws and statutes of this realm . and thus though they trusted much , yet not all , nor over long . for it was but a temporary law , and during the present condition of affaires . nor did the king or people rest upon this law , for within three yeares following , another law is made to confirme what was then already done by the king ; and a larger power granted to the king , to change , and alter , as to his wisdome shall seeme convenient . thus the kings injunctions already set forth were established , all opposall to them inhibited , and the king hath a power of lawing , and unlawing in christs kingdome , and to stab an act of parliament in matters of highest concernment : and the reason is , the king will have it so and who dares gain-say it , as cranmer said , the king loves his queene well but his own opinion better , for new things meeting with new love , if it be once interrupted in the first heat , turnes into a displeasure as hot as the first love , nor had either party great cause to boast in their gainings ; for none of them all had any security , but such as kept close to a good conscience . all this , though much more then any of his predecessors ever attained , was neverthelesse not enough till his title was as compleat . the pope had fashioned him one now above twenty yeares old for his service done against luther and others of that way , and sent it to him as a trophee of the victory , this was defender of the faith , which the king then took kindly , but laid it up till he thought he had deserved it better ; and therefore now he presents it to the parliament , who by a statute annexed it to the crown of england for ever now made triple by the royallizing of that of ireland amongst the rest . a third prerogative concerned the kings power in temporall matters , and now must england look to it selfe , for never had english king the like advantage over his people as this man had . his title out-faced all question : left rich by his father , trained up in the highest way of prerogative , absolute lord of the english clergy and of their interest in the people , of a vast spirit , able to match both the emperour and french abroad , and yet more busie at home then all his predecessors . a king that feared nothing but the falling of the heavens ; the people contrarily weary of civill wars enamored with the first tastes of peace , and pleasure ; whiles as yet it was but in the blushing child-hood , overawed by a strange giant , a king with a pope in his belly ; having the temporall sword in his hand the spirituall sword at his command . of a mercilesse savage nature , but a word and a blow ; without regard even of his bosome companions , what can then the naked relation of a subject do with such an one , if providence steps not in and stops not the lions mouth , all wil be soon swallowed up into the hungry maw of prerogative . to set all on work comes steven gardiner from his embassage to the emperor , sad apprehensions are scattered , that the motions abroad are exceeding violent and sudden , that the emperor and french king are fast in nothing but in change according to occasion , that like the eagle they make many points before they stoop to the prey . that if the motions at home do wait upon debates of parliament , things must needs come short in execution and the affaires of this nation extreamly suffer . a dangerous thing it is that the king should be at disadvantage either with the emperour or french king for want of power in these cases of suddaine exegencies , and for some small time , during the juncture of these importent affaires , that seeing likewise at home the point concerning religion is comming to the test , the mindes of men are at a gaze ; their affections , and passions are on their tiptoes . it s reason the king should steare with a shorter rudder , that this care might meete with every turne of providence , which otherwise might suddainly blow up the peace , and good government of this nation . these and the like represented a faire face to that which followed , and made way for the king without shame to ask what no king before him suffered ever to enter into conceit , i meane a legislative power to this effect , that proclamations made by the greater part of the king for the time being and his councell , whose names hereafter follow , with such penalties as by them shall be thought meet ; shall be of equall force to an act of parliament , provided it shall not extend to forfeiture of estates , or priviledges ; nor to losse of life ( but in cases particularly mentioned in the law ) provided no proclamation shall crosse any statute or lawfull or laudable custome of this realme : all which at length comes to be demanded by a formall bill with as ill favored a preface as the matter it self , which was much worse ere it was well licked in the house of commons , and when all was done proved a bare still : whatever it was it passed in manner above said , neither much to the desire of the commons that so much was given ; nor to the good liking of the king that there was no more : for in stead of a legislative power which he grasped at for himself , he received it in common with his councell ; and so becomes ingaged neither to alter nor destroy that brother-hood , if he intended to reape any fruit of this law , leaving the point in doubt whither his gaine or losse was the greater . for this law thus made for this king , these councellors , and these times , and occasions , can be no president to the future , unlesse to informe kings that the parliament hath a power to give more authority and prerogative to kings then they or the crowne have by common right , and to give it with such limitations ▪ and qualifications , as seemeth good to them . and secondly , that even henry the eighth acknowledged that the legislative power was not in the crown , nor was the crowne capable thereof , otherwise then it was conferred by the parliament . onely steven gardiner might glory in this atcheivement , having for the present obtained much of his ends by perswading the king that forrain princes estranged from him , not so much for his departure from the pope , as for some apprehensions they had of his departure from that way of religion , and worship , which they apprehend every christian ought to maintaine . and therefore if he meaned to gaine better correspondency amongst these princes , he must ingage more resolvedly to the fundamentalls of the worship , though he shook of some sleighter ceremonies with the romish supremacy , for he knew that they were willing enough with the later , though the other could not go downe with them ; thus did forraine correspondency float above , when as the church as then it stood was underneath , and gave the tincture to every wave . and it was holden more safe by the romish party to trust the king ( thus attempered ) with the legislative power in the church matters , then the rough parliament , whose course steered quite wide from the roman shore , as if they never meant to look that way any more , though cranmer and the cheif officers of state , and of the houshold , were by the law judges of the matter in fact as well as the king , yet in the conclusion the king only was of the quorum ; all this yet further appears in the penalty , for by a provisor it is moderated as to all forfeitures of life , limb , or estate ; and in the conclusion extended only to fine and imprisonment ; unlesse in some cases mentioned , and excepting offences against proclamations made by the king or his successors concerning crimes of heresie . for it is the first clause of any positive law that ever intimated any power in the king of such cognisance and punishment of heresie ; too weake a principle it is to settle a prerogative in the king , and his successors , as supream head of the church , thus by a side winde to carry the keyes of life and death at their girdle , and yet a better ground cannot i find for the martyrdome of diverse brave christians in those times , then this touch of a law glancing by : all which passing , sub silentio , and the parliament taking no notice thereof , made way for the statute . h. . ca. . formerly mentioned to come more boldly upon the stage . this was one wound to the legislative power of the parliament thus to divide the same : another ensues that in its consequence was no lesse fatall to that power which remained , and it was wrought by some engine that well saw that the disease then so called grew to be epidemicall amongst the more considerable party in the kingdome ; that the lady jane seymor ( now queene ) was no freind to the romanists ; that she was now with child , which if a sonn ( as it proved to be ) was like to be successor in the throne , and be of his mothers religion , and so undoe all , as in the issue all came so to passe : to prevent this , neverthelesse they fancy a new conceit , that lawes made by english kings in their minority are lesse considerately done , then being made in riper yeares . and so by that one opinion countenanced a worse , which was , that the legislative power depended more upon the judgment of the king , then the debates , and results of the parliament ; a notion that would down exceeding well with kings ; especially with such an al-sufficient prince as henry the eight conceived himself to be ; upon this ground a law is made to enable such of the kings successors , by him appointed , as shall be under the age of twenty and foure yeares , when lawes by him are made , to adnull the same by letters , patents , after such prince shall attaine the said age of twenty foure yeares . thus the armes of the parliament are bound from settling any reformation , let them intend it never so much ; a muse is left open for the romish religion still to get in , when the season proves more faire . the parliament was now in its minority , and gives occasion to the reader to bewaile the infirmities of the excellency of england . a fourth advance of prerogative concerned the executive power in the government of the church . this had formerly much rested in the prelacy , and that upon the cheife praelatissimo at rome ; now there is found in england a prelater then he ; the pope was already heheaded , and his head set upon the kings shoulders : to him it is given to nominate all bishops , and arch-bishops within his dominions , by long desire , and that the party once elected shall sweare fealty , and then shall be consecrated by commission , and invested , but if upon the long desire , no election be certified within twelve dayes the king shal by commission cause his own clerke to be consecrated and invested . the occasion that first brought in this president , was the accesse of cranmer to the see at canterbury , for though the head-ship had beene already by the space of two yeares translated from rome to england , and yet the course of episcopizing continued the same as formerly it had beene . i mean as touching the point of election : for though in their originall , bishops were meerely donatives from the crowne , being invested by delivery of the ring and pastoral staffe , and untill king johns time , the canonicall way of election was disallowed , yet king john by his charter , de communi consensu baronum granted that they should be eligible , which also was confirmed by diverse publique acts of parliament in after times ; and now by this law last recited , and with this way the king was contented for the space of six yeares , for the reformation intended by the king , was not done at once but by degrees ; and therefore though this course of long desire was brought into use , yet the parliament being of six yeares continuance ( a necessary thing in times of so great change of policy ) began this course of election , by giving the king power to nominate , and allowing of the pope power to grant to such his bulls or pall at his owne will ; otherwise they should be consecrated by commission without his consent , & this at the first , the popes concurrence was not excluded , though his negative was . in this posture of affaires comes cranmer to be consecrated arch-bishop : and being nominated therunto by the king , the wily pope knowing the kings aime , meaned not to withstand , least he should loose all , but granted the pall as readily as it was desired , so as cranmer is thus far arch-bishop of canterbury , without all exception : yet he must go one step further , and take the old oath to the pope which the king allowed him to do , pro more , and which he did , renitente conscientia , say some , and with a salvo , say others , and all affirme , it was done , perfunctoriè , like some worne ceremony , or civill complement . neverthelesse it was not so soone turned over , the arch-bishop loved not the office , the king loved no partnorship in this matter ; and it was evident to all that no man could serve these two masters any longer , an agreement is soon concluded in parliament to exclude the popes power quite out of this game , and all is left to be done by the king and his commissioners , by the law formerly propounded . in all this the pope is the looser , the english clergy the savers , for the pall cost cranmer nine hundred markes . and the crown is the great gainer ; for hereby the king got the men sure to him , not onely by their own acknowledgment and submission , but also by a statute law. and lastly by oath , which to make sure was treble twined , once upon their first submmission in the kings twenty second yeare , when they had beene under premuniri . secondly , soone after the decease of queene katherine dowager , in the twenty sixth yeare , which oath was more compleat then the former ; containing , first , a renunciation of all fealty to the pope or any sorraine power . secondly , an obligation to adheare to the cause of the king and his successors . thirdly , a disavowing of the pope , otherwise then as another bishop or fellow brother . fourthly , an ingagement to observe all lawes already established against the popes power . fifthly , a disavowing of all appeales to rome . sixthly , an ingagement to informe the king of all messages , or bulls , sent from rome into england . seventhly , an ingagement not to send , or be privy to the sending of any message to rome for any such purpose . the third oath was that of fealty , which anciently was due to kings , and now revived to be taken by all bishops upon their admission . and thus the english prelacy , having beene sworn slaves to the papacy ever since beckets time , are now preferred to a more royall service , and the persuit by kings after their right being laid a side by the space of . yeares , is now renued , and the prey seised upon by the lion , we found it upon a better title , and in better condition by much then when at the first it was lost , for it was upon som semblance of reason that the arch-bishop and clergy gained it , but being afterwards dispossessed thereof by the pope , and yet without any other shadow of title , but the power of his own gripe , for the present he is the occupant , and becomes proprietor by prescription : till now the felon apprehended , the stolne goods are the kings in right , and by remitter , whereunto the parliament were by the statute adding their conveiance , establishes the same by an unquestionable title ; neverthelesse their service is no lesse servile to this crown then it had beene to the romish miter ; formerly they asserted the popes infallibility , now the kings supremacy . they are now called by the king , made by the king , sent by the king , maintained by the king , whatsoever they are , whatsoever they have , all is the kings : he makes bishops , he makes new bishop-ricks ; and divides or compounds the old as he pleaseth , by a power given to henry the eighth by parliament , which oath was never in any prince before or after him that i can finde ; so as the crown had it not , but the man , and it died with him . the king thus loaden with power , and honour , above all his predecessors ( if without proportionable maintenance to support the one , and act the other ) must needs consume himself ( as one in a tympany ) by growing great : for though he was left rich by his fathers treasure , yet his zeale to rome in its now poor captived condition under the imperiall power , stirring up in him great underrakings abroad ( besides his own pleasures and gallantry at home ) exhausted that , and doubtlesse had starved these his grand designes , had he not found the hidden treasures of the cells and monastries ; the sight whereof so rouzed up his spirits , that he adventured upon the purchase , though he knew difficulties enough to have stopped his undertakings , if he had not resolved , both against feare and flattery . it was not done without deliberation , for the thing was felt as a greivance before the norman times , and complained of in parliament above a hundred and forty years ago , and diverse times since , but kings either understood not , or beleeved not , or durst not give remedy , or had much else to do . but now the king is beyond all his predecessors , he knowes much , dares do more , and is at leisure , he will go as far as emperour or french king , and beyond them also , but would not try masteries with either , for they were all cocks of the game . the first occasion that discovered the wroke feasible , was a president made by cardinall woolsie , whose power was enough to dissolve some petty cells , and no opposition made . the king might well expect the worke would be as lawfull for him , and not much more difficult , or if any stormes ensued , the people that had so long complained , and felt the burthen of these excrescences of the clergy , would soon find out a way to calme them , the king need do no more then speake , and the people will do . this opened the doore , but that which brought the king in , was the hold the pope had in this kingdome by these cloystered people , who were persons dead in law , and dead to all law but the canon ; and upon this account the kings ancestors had possessed themselves of the cells in the hands of forrainers in times of war , and now a deadly feud is stirred betweene henry the eighth and the pope their holy father ; the children cannot expect to thrive , when as their father is cast out of doores ; and so all must out together : yet the manner is observable , they must not be cast out , but must go out ; the inferiour and greater part are dead persons , have learnt obedience , they can neither bark nor bite , and therefore they may sleep , and what is don must be don with such of them as are alive . upon a visitation these are brought under the test , and found in such a condition that they had better give way , and voluntarily surrender , then abide the triall : once more the smallest are picked out whiles the greater stand by and wonder , but either do not foresee , or ( in dispaire of altering the kings resolution ) do nothing but expect the sad hour , which within four yeares comes upon them all ; every one of them choosing rather to surrender , and expect the kings mercy for maintenance during life , then adventure against the dint of his justice , and power , and so loose all ; for they were ill befreinded amongst all sorts of the people . thus came the personall estate and stock of these houses to the kings immediate treasury , and their yearly maintenance to the disposing of the crowne , which might have advanced the same , well nigh to the value of two hundred thousand pounds yearly , but that the king intended to let the people enjoy the fat as well as he , that they might be mutually engaged to maintain hold of the prey that they had joyntly gotten . out of all which neverthelesse the crowne had a small rent , or service annuall , for the acknowledgement of their tenure besides , the first fruits of the spirituall dignities , and the tenths , both which he formerly had already obtained . the first whereof was but casuall , and occasionall in the payment , arising onely at the entrance of the party into his promotion ; and which was gained by the pope from edward the first , although at his parliament at carleile , in his thirty fourth yeare he withstood the same : this was above three hundred and twenty thousand pounds in the whole summ . the later was annuall , and amounted to above thirty thousand pounds : and thus the popes usurpaons are turned into duties to the crowne , but were much lessened in regard that these cells and monastries were accounted amongst these ecclesiasticall promotions , which by their dissolution fell off in that account . neverthelesse the advancement that might by a parcimonious king have beene made of the fall of this ceder , was such , that the crowne might have been rendred of it self absolute and al-sufficient . but henry the eighth was not thus minded , the affairs of europe were gotten into a high pitch ; princes generally over active ; henry the eight inferior to none of them ; what comes in goes out , and he is a rare example of that divine proverb ; as riches increase , so doe the mouths of them that eate ; he still stands in need of his peoples love , purses , and power ; so divine providence orders the matter , that kings can never attaine further end of their undertakings without the aide of the people , then their labour , least they should be too big to be christians , and the people too mean. chap. xxviii . of the condition of the parliament in these times . they are no good expositors that consider their text by peice-meale onely , nor they good historians , that will tell you the bare journall of action , without the series of occasion : such as these will speak much of the actions of henry the eighth , what advancement he brought to the crown , and make it a compleat monarchy , wherein the king may act what he resolveth ; resolve what he pleaseth ; and please what he lusteth ; when as in truth , the thing is nothing so : for though many of his actions , in relation to particular persons , cannot be justified by any law ; so in truth , did they never proceed from any law , but meerly from the passion or will of the man , and connivance of the people , who could bear that from this king , that their ancestors would never endure under any other . and yet in all the grand concernments of the nation , the law kept still upon the top , nor did the king enter into any competition therewith , or lead the way thereunto , other then by especiall allowance of the parliament . for first , its evident , though the king was supream head of the church , yet this was not like the head of a mad man , led by phaney without the law of reason , or reason of law ; but it was defined , circumscribed , and formed thereby , with qualifications and limitations , as hath been already expressed in the former chapter . secondly , it is no lesse cleare that the legislative power rested in the parliament , and not in the king , when he was in his greatest height ; for as head of the church , he had no such power in church matters , or if he had such a right , it was taken away by the acts of parliament ; nay , when the pope was yet possessed of this headship , the parliament did determine the manner of the worship of god , in some particular cases , as in the keeping of the lords day , the statute of edward the fourth , to the honour of god did provide for the observing thereof , and to the honour of god , it was taken away by a statute in the time of henry the eighth , if the words of either statute may be beleived . but more especially , after that this headship was translated to the king , the parliament provided , that the canons should be examined and allowed by the king , and thirty two persons , one part of the clergy , the other of the temporalty , chosen by the king. and those that shall be assented unto and confirmed by the king , and the thirty two persons , or the major part of them shall be obeyed , and put in execution , the residue shall be void : provided nothing shall be done contrary to the kings prerogative , or the lawes and customes of this realm : so as the king had much , but he had not all ; and what he had , the parliament gave him by a law , that was executory all the dayes of henry the eighth , by divers continuances , and was not any power devolved to the crowne , under the title of supremacy , nor by vertue of the act of parliament concerning it , but by the continuall influence from the parliament upon the crown , as well before that act as after , derived upon it . the king hath then this right of law making , but it is with the thirty two he hath it , but not his successors . and lastly , he hath it but by a derivative power from the parliament , and as a committee for that service : and in a word , he hath the power , but the parliament hath still the law of that power . the second priviledge of the parliament hitherto , concerneth onely lawes concerning church-government . in the next place commeth to be considered the legislative power in point of doctrine , which doubtless issueth from the same principle of power with the former . for if the church ( which as a pillar and ground holdeth forth the truth ) be the company of professing beleevers ; then ought it not seem strange if these in their representative do intermeddle with this power , or rather duty ; and for the matter in fact , neither did the king challenge this power , nor did the parliament make any difficulty of conscience in executing the same , and yet there were many learned and consciencious men of that number . they therefore , as touching the doctrine , proceed in the same way , with that formerly mentioned concerning the discipline : and a committee also is by them made of the king and learned men , to set down rules for faith and obedience , and for the order of the publique worship of god , according to the word of god ; and these rules are confirmed by a statute , so as the king hath a power in the point of doctrine , but it is a derivative power , it is a limited power to himself and not to his successors , and to himself and others joyned with him . and lastly , nothing must be done contrary to the lawes of the kingdome . secondly , the parliament hath not onely a right to grant and limit this power unto others , but also to execute the same immediately by it self ; and therefore before they granted this power to this committee , whereas formerly the pope usurped the power to be the omega to the resolves of all councills , the parliament intercepted that to their own jurisdiction in flat opposition to the infallibility of the roman chaire , so farr as to disherize some opinons which by the sentence of that infallible mouth , had beene marked with that black brand of heresie . and what they did before this act of delegation to the king and other committees for this worke , they did afterwards as not concluding their own power by any thing that they had so don as may appear by their censure of the translation of the bible , made by tindall : by their establishing another translation : by their ordering and appointing what persons might read the same : by their qualifying the six articles , and the like . the parliament then hath a power which they may grant , and yet grant nothing away ; they may limit this power in others as they will , and yet not conclude themselves . and the king by accepting this limited power , must disclaime both the originall and absolute right , and cannot claime the same by right of head-ship or supremacy . this was one great windfall which the parliament had from the ruines of rome , not by way of usurpation but re-seisure , for their possession was ancient , and though they had beene dispossest , yet that possession was ever under a continuall claime , and so the right was saved . a second that was no lesse fatall unto that see ; was the losse of all power over ecclesiasticall persons in this kingdome : for whereas the popedome had doubly rooted it self in this nation , one way by the regulars , the other by the seculars ; the parliament by the dissolutions of monastries , &c. consumed one to ashes , and by breaking the fealty between the other and the pope , parted the other root and the stock asunder , & thence ensued the downfal of this tal cedar in this nation ; and prelacy now left alone must fawn elsewhere or lye along , a posture wherein that rank of men can never thrive : up againe they peepe , and espying a king that loved to towre aloft , they suddainely catch hold , promising their help to maintaine his flight , and so are carried up , and like a cloud borne between heaven and earth , making the commons beholding to them for the kings sunn-shine , and the king for their interests in the people , and for his superlative advancement above them all . now though the english prelates may thinke their orbe above the winds , yet were they herein deceived . the parliament had power in their election , before the pope usurped that to himself ; now that they are discharged , kings are possessed of them by long desire , but it is not by way of restitution , for kings were never absolutely possessed of any such power , but as committees of parliament and by delegation and concession from them , and therefore must render an account to them , and abide their judgment when they are thereto called . thirdly , the parliament had the disposing and ordering , of all the church revenues , as the lawes concerning monastries , sanctuaries , mortuaries , first fruits , tenths , annates , and such like , sufficiently manifesteth . fourthly , the parliament had the power of granting licenses , dispensations , and faculties , setting a rule thereunto , as in case of nonresidency , and delegating the power to committees , whereof see more in the chapter following concerning ordinary jurisdiction . fifthly , the parliament reserved the cognisance of all appeales for finall sentence unto themselves , and disposed of all the steps thereunto , as unto them seemed most convenient : for though it be true in some cases the arch-bishop of canterbury had the definitive sentence , and in other cases the convocation , yet was this but by a temporary law , and this also granted to them by the parliament , which took it away from the pope , and never interested the crowne therein , but made the arch-bishop and the convocation their immediate delegates so long as they saw good . afterwards when they had done their work , viz. the determining the appeal and divorce of queen katharine , and some other matters , the same hand that gave that power tooke it away and gave it ( not to the king or crowne ) but to delegates from the parliament from time to time to be nominated by the king , and may as wel alter the same & settle the power elsewhere when they please . and therefore after the appeale of the dowager thus determined , and the sentence definitive thus settled upon delegates : the parliament neverthelesse determined the other causes of the marriages of the lady anne bullen , and the lady anne of cleve , the jurisdiction of the crown never intermedling therein ; so as upon the whole , it must be acknowledged , that however the king was supreame head of causes ecclesiasticall , yet had not the definitive sentence in appeales , nor absolute supremacy , but that the same was left to the parliament . sixthly and lastly , what attempts the parliament had met with , partly from the designes of some great men that sought their own ends , and partly from the endeavors of these kings that sought their own heighth and greatnesse , above their peoples good , hath beene already related , and the utmost issue hath beene truly stated , viz. that the gaines have come to the kings persons and not to their crowne , and that therein they have put their seale to the law , and made their submission to the parliament , as touching both their persons , and power . add hereunto , that however henry the eighth aimed much at himself in his ends in two other maine interests that most nighly concerned him , yet the cheife gaine came to the parliament . the one concerned his owne wife , which-however so nighly related to him as next to his owne person , and under the determination of the immediate law of god , yet was so cast upon their sentence , as if he durst adventure his owne soule at their direction . the other concerned the crowne , to which he ought relation above his owne person , which he laid downe at the feet of the parliament , seeking to their power to fulfill his owne pleasure : the ball is tossed up and downe , somtimes amongst the issue betweene the king and the lady ann bullen , another while amongst the issue betweene him and the lady jane seymor , or such as the king should nominate by letters patents or last will. after that , to the ladyes mary and elizabeth , to performe conditions declared by the kings letters patents , or his last will. the king then is trusted , but he hath his trust from the parliament , the crowne is intailed ( as it hath beene ever since richard the seconds time ) but it is done by the parliament : the reversion is in the the clouds , but the right of inheritance much more . the conclusion of all is this , the parliament by serving these kings turnes , turned their turnes into their owne . chap. xxix . of the power of the clergy , in their convocation . the convocation of the clergy , like some froward children , loves not new dressing , though it be a gainer thereby . before the pope and henry the eighth were falne asunder , their masters , their minds , their work , all was double ; their councels uncertain , their conclusions slow in production , and sleight in their fruit and consequence ; sometimes displeasing to the pope , sometimes to the king , generally to themselves ; who naturally lingering after their own interests , were compelled to feed that body that breathed in them , rather then that wherein themselves breathed ; and so like hunted squirrells , from bough to bough , were ever well tired , yet hardly escaped with their owne skins in the conclusion . now henry the eighth tenders them better conditions , both for ease and honour , and more suitable to their own interest ; yet they are loath to accept , because they had been slaves by prescription . formerly , they were troubled with multiplicity of summons , somtimes from the king , sometimes from the pope , sometimes from the metropolitan , and alwayes overdripped by a forrain power , that they could propound nothing for the good of the souls of themselves or others , but must be blasted from without ; their labours lost , their undertakings vain , and themselves , in the conclusion , sit downe hoaked in their consciences and desires . now they are at no mans call , but the kings , and that by writ , both provinciall , and legate è latere , must meddle no more . formerly , it s taken for granted , that kings have no vote in matters ecclesiasticall , though themselves be interested therein ; and therefore if he will accept of a disme , he must accept it , statu quo , it is granted ; nor can he interpose his dissent , nor do they much care for his consent : but whether the king be concerned or not concerned , what they conclude , they must maintain , vi & clavibus , although in right , his prerogative is above theirs . now by the statute , the kings vote is asserted , and a negative vote restored , and himself made as well head of the convocation , as the church : nothing can passe there without his concurrence , nor come to the consideration of the parliament , without his pleasure ; and thus the king hath a double vote in every church ordinance : one , as in the parliament , to passe the same as an act of parliament , of which i conceive the opinion of that honourable judge is to be understood ; the other , as a member of the convocation , to passe their advices to the parliament ; and therefore he might either sit in person amongst them , or by his vicar , as henry the eighth , did by the lord cromwell : by the first , the whole kingdome was ingaged ▪ by the second , the convocation onely , and that as a court onely , and not the representative of the clergy , because as they had a spirituall relation , so also they had the common right of free-men , and therefore could not be bound without the common consent of the free-men . thirdly , as their power of convention , and power in vote , so their originall right of law making , suffered a change : formerly they depended wholly upon a divine right , which some settled originally in the pope ; others , in the prelacy , and some in the clergy : but now they sit by a derivative power from the act of parliament , from which as from their head , they receive life and power . fourthly , they suffered some change in the very work of their convention ; for though formerly they claimed power to meddle onely with ecclesiasticall matters , yet that notion was ambiguous , and they could many times explicate it more largely , then naturally . it is not to be denied , but the matters concerning the service and worship of god , are of spirituall consideration , but that such should be so strictly deemed , to lie in the way of church-men onely , is to bring all spirits within the verge of ecclesiasticall jurisdiction , and to leave the civill power to rule onely dead carkases ; much lesse can any other thing , which by prescription hath not been of ecclesiasticall cognisance , be called spirituall . but to come to particulars , because generalls edifie not : the convocation claimed formerly power , as originally from it self , to impose rules for government upon church-men , and church-officers , and upon the laity , so far as extended to their service of god : and also to charge the estates of the clergy ; and concerning matrimoniall , and testamentary causes : they claimed also a power to determine doctrine and heresies . yet de facto , divers of these they never acted in that right , wherein they claimed to hold cognisance . first , as touching the charging of the estates of the clergy ; if it was for the kings service , they were ever summoned by the kings writt , yet was not their act binding immediately upon the passing of the vote , till the parliament confirmed the same ; and therefore the old form of granting of dismes , was , per clerum & communitatem , as by the pleading in the abbot of walthams case appears ; for without their concurrence , they had no power to charge any free-man , nor to levy the same , but by their church censures , which would stand them in no stead . and in this , the convocation suffered no alteration , either in right or power , by the change thus wrought by henry the eighth . secondly , as touching imposing lawes upon the laity , in points of worship and doctrine , its evident , though they claimed such power , they had it not ; for when all is done , they were contented at length to get the support of the statute-lawes of this kingdome , as may appear in the particular lawes concerning the lords day , and proceedings against heretiques , setling the popedome in the time of the great scisme , &c. but now all title of claim is quite taken from them , and all is left in the supream legislative power of this nation , as formerly hath been already manifested . thirdly , as touching matrimoniall causes , their former power of making lawes concerning them and testamentary causes , is now absolutely taken away ; onely concerning matrimoniall matters , they had so much of the judicatory power concerning the same put upon them , as might well serve the kings own turn ; and that was for determining the matter between himself , and the lady katharine dowager , depending before arch-bishop cranmer : for the king supposed the pope , a party ; and therefore meaned not that he should be his judge : and thus , though the clergy had acknowledged the king to be their supream head , yet in this , he was content to acknowledge their supremacy above him , to judge between himself and his queen , and in other matters concerning himself : so as upon the whole matter , the convocation were gainers in some things , in other things , they were onely loosers of that , which was none of their owne . chap. xxx . of the power of the clergy , in their ordinary jurisdiction . those spirits are truely degenerate , that being sensible of misery , cannot stir up desires of change , although the way thereto lies open before them : and this shewes the nature of the romish yoke , that it lay upon the spirits of men , did intoxicate , and make them drunk with their condition ; otherwise the usurpations , oppressions , extortions , and incroachments of the popedome , upon the bishops sphear , and the people under their charge , could never have provoked such complaynings amongst all sorts , in severall ages , from time to time . and now that henry the eighth , undertakes to set them free , so as they would acknowledge his supremacy , they all are struck dumb , till a premuniri taught them to speak ; and so were scared into a better condition then they would have had , and into a more absolute estate of jurisdiction , then they received from their predecessors . the pope had now usurped a power , supra ordinary over all appeals , gained the definitive sentence to the roman see ▪ and had holden this power by the space of foure hundred years , and the king finding the root of all the mischeif to his crown from abroad , springing from that principle , meaned not to dispute the point with the casuists , but by one statute , took away all appeals to rome , and determined appeals from the bishops court , in the arch-bishops court , and the appeals from the arch-bishops commissary , in the court of audience : so as though in the kings own case , the convocation had the last blow ; yet in matters concerning the subjects , the arch-bishop was either more worthy , or more willing with that trust : for though the convocation might have as well determined all , as well as the pope ; yet for dispatch sake of a multitude of appeals , now depending at rome , and to prevent long attendance on the convocation , that now had much to doe in matters of more publick nature , the utmost appeal in such cases is made provinciall . this , ( whether priviledge or prejudice ) the ecclesiasticall causes gained above the civill , whose definitive sentence was reserved to the parliament . and thus is the arch-bishop made heire to the pope , in the greatest priviledge of a pope , to be chief judge on earth in matters ecclesiasticall , within his own province . a trick that in my opinion much darkened the glory of the kings title of supream head , which the church-men had formerly offered up to the honour of the crown of this realm . for be it so , that the title is in the crown by remitter : yet cannot the same carry along with it any more then a lawfull power , and whether all the popes former power allowed him by the canon , or gained by usurpation and custome , shall be said a lawfull power , or whether the power of review by appeal , shall be derived to the crown , under the generall notion of supremacy upon the clergies submission , is to me a doubt ( albeit , i must give honour to the judgement in print ) in regard that after the submission of the clergy , the matter concerning the divorce of the lady katharine dowager , came before the pope by appeal , and there depended the king himself also , waiting upon that see for justice ; and a definitive sentence in that matter , and thereby acknowledged the popes power , de facto : notwithstanding , the clergies foregoing submission , and being occasioned by the delay at rome , he procured this statute concerning appeals to be made , whereby at one breath he took the appeals to rome away , and settled them as formerly hath been mentioned ; all which was done two years before the title of supremacy was annexed , or declared for to be to the crown , by act of parliament . and therfore , as to me it appears , the power of supream cognisance of appeals was not in actuall possession of the crown by the clergies submission ; so was it actually vested in the arch-bishop , before the title of supremacy was confirmed by act of parliament ; and so it never was in the crowne actually possessed , much lesse had the crown the same by remitter : for the kings turn once served by the convocation , and the matter of the divorce of queen katharine settled , the king perceiving the slow progresse of the convocation , the members of the same not being yet sufficiently tuned to the present affairs : and moderate arch-bishop cranmer , likewise foreseeing , that the odium of these definitive sentences would be too great for him to bear ; another appeal is provided , more for the honour of the crown , to be from the arch-bishop to delegats , to be appointed by the king , his heirs , and successors , so as though their nomination be the kings , yet their power is deduced immediately from the parliament , which took the same from the arch-bishop , and conferred it upon them . a second advantage not inferiour hereto , which the arch-bishop gained out of the ruines of the popedome , was the power of licenses , and dispensations , or faculties . in the pope , it was a transcendent power without any rule , but what was tuned to him by the bird in his own breast ; and was the ground of much license , or rather licentiousnesse in the world : but in the arch-bishop , they seem to be regulated . to be first , in causes not repugnant to the law of god. secondly , such as are necessary for the honour , and security of the king. thirdly , such as were formerly wont to be remedied at the see of rome ; yet in truth , left as much scope for the conscience of the arch-bishop to walk in , as the pope had in former times ; a large teather , and greater priviledge then ever the crown had ; by which , although the king himself be like saul , higher by the head , then all the people , yet in many things samuel is higher then he . the moving cause hereof , is not difficult to find out : the king had but lately married the lady anne bullen ; a thing that many startled at , and the king himself not extreamly resolved in ; he would therfore have his way like that of the zodiack , broad enough for planetary motion of any one that could not contain himself within the eccliptick line of the law , and so shipped over the popes power to the chair of canterbury , and had made a pope , in stead of an arch-bishop , but that the man was not made for that purpose . what the ordinary jurisdiction got , or lost wee come in the next place to observe . first , they had still their courts and judiciary power , but upon what right , may be doubted : their first foundation was laid by the civill power of a law , in the time of william the first norman king ; yet the power of the pope and bishop growing up together , they came to hold the power of the keyes by a divine right , and so continued , untill these times of henry the eighth , wherein they have a retrospect to the rock , from whence they were first hewen ; and many seem to change their tenure , and therewith therefore are in right to change the style of their courts , and title of summons , but the times not being very curious and the worke of reformation but in fieri ; the more exact lineaments must be left to time to finish and beautifie . a greater blow did light upon the lawe of these courts , which was left as doubtfull as the canons ; all which are now put to the question , and to this day never received full resolution , but were left to the parliament to determine them at leisure ; and in the meane time to the judges of the common law , to determine the same lawfull or unlawfull , as occasion should require : neverthelesse the courts still hold on their course according to their old lawes , and customes , for their forme of proceedings , some say by prescription , yet more rightly by permission ; it being a difficult matter to make prescription hold against a statute law : as touching the matters within their cognisance the law settled some , and unsettled others . first , as touching heresie , the church-men formerly thought scorne the lay magistrate should intermeddle , but not being able to stop the growth thereof by their church-censures , prayed aid of the civill magistracy ; so by degrees arose the penalties of imprisonment , and burning , which brought the whole matter into cognisance before the civill magistrate , because no free-man might be proceeded against , for losse of life or liberty , but by the lawes of the nation ; and for this cause the civill magistrate granted the writ of habeas corpus , and releived many times the party imprisoned wrongfully or granted prohibition as they saw cause : and therefore it cannot be saide rightly , that the sole or supreame cognisance of this crime of heresie belonged to the clergy before these times . nor did their proceedings upon the writ of burning warrant any such thing , partly because till these times the canon law was the best ground that these proceedings had , and the course therein was not so uniforme as to permit the title of a custome to warrant the same : conviction being sometimes by jury , sometimes according to the canon , somtimes before the ordinary , sometimes before the convocation , sometimes before the king , sometimes before speciall delegates , as the histories of the martyrs more particularly set forth , and no act of parliament positive in the point . but the time is now come when nighest reformation , that the thing is settled more to the prejudice of reformation then all the endeavoures foregoing ; like to the darknesse of the night , that is at the superlative degree when nighest break of day . a statute is now made , that indeed quite blotted out the very name of the statute of henry the fourth , de haeretico comburendo , but made compleat that statute of rich. . and the other of hen. . both which were formerly neither good in law , nor effectuall , otherwise then by power ; and gave more settlement to the ordinaries proceedings in such cases : for the delinquent might be convict before the ordinary by witnesses , or might be indicted at the common law , and the indictment certified to the ordinary as evidence : yet did the parliament carve them out their work ; and in expresse words declared , that opinions against the authority and laws of the bishop of rome were not heresie , and by the same reason might have done more of that kind , but that was enough to tell all the world that the parliament could define what was not heresie , although they did not then determine what was heresie : and thus the judgment of the romane church is called into question in one of their fundamentals , and the clergy left in a muse , concerning the rule upon , which they were to proceed against this crime . the parliament within six yeares after , undertakes , though somewhat unhappily , to determine and define certain points of controversie , which had some relation to the worship of god , and the publique peace , and declared the contrary to these determinations to be heresie , and the punishment to be death and forfeiture , and the triall to be before commissioners by jury or testimony of two witnesses , or by examination in the ecclesiasticall court , or inquisition in the leete , or sessions of the peace . upon the whole matter therefore the ordinary had a particular power to determine heresie ; but the parliament determined such heresies as were punishable , with death and forfeiture , by enumeration in the six articles . this was the clergies primmer , wherin they imployed their study , as making most for their designe , and laid aside thoughts of all other heresies as drie notions , or old fashions laid aside , and not worthy the setting forth to common sale . secondly , the lesson concerning marriage was no lesse difficult for the clergy to take out : they were put by their former authority derived from abroad , and their ancient rule of the canon law ; with the kings leave they do what they do , and where they doubt they take his commission , so did the arch-bishop of durham in the case betweene john and jane fisher ; in the kings case the determining part is put to the parliaments conclusion ; and for a rule in other cases , some persons are enabled to marry which formerly were not , viz : masters of the chancery , and doctors of the civill law ; and some forbidden marriage , as all preists by the statute of the six articles . and unto the rest concerning degrees of consanguinity , or affinity , a particular enumeration is appointed to be observed ; within which , marriage is declared unlawfull , all other further off are made lawfull . in all which regards the cognisance of matrimoniall causes is theirs onely by leave . thirdly , residency , and nonresidency , was a theame formerly learned from the canon law , in which as also in the thing it self the clergy were the onely skilfull men . the rule of the canon law was strict enough , considering the times , but it was not steel to the back . the parliament now undertakes the cause ; and though it gave , in some respects , more liberty then the canon , yet stood it better to its tackling , and kept a stricter hand upon the reines , then was formerly used , and by giving a generall rule for dispensation , took away all arbitrary dispensations , and licences , which were formerly granted beyond all rule , but that of silver or gold ; and made all practises contrary to the rule damageable to the party . thus far concerning the matters in cognisance ; now touching the power of the keyes , english ▪ prelacy having laid aside the pretentions of rome , they put the world to a gaze , to see which way they would go . in the inocent infancy of prelacy it was led by the hand , by the presbytery ; and would doe nothing without them , afterwards having gained some degree of heighth , and strength , they entred themselves to be chariot horses to the roman sun , till they had set all on fire ; now unharnest , it is expected they should returne to their former wits ; neverthelesse forgetting their ancient yokefellowes , the rurall presbyters , they stable with the king , use his name sometimes , but more often their owne ; serving him with supremacy as he them with authority beyond their spheare ; they raise him above parliament , he them above councills ; so as they do what they list , let the plebeian presbyter wil or nill ; they are the onely numerall figures , and the other but ciphers , to make them , omnibus numeris absoluti : neverthelesse the canon still remaines the same , episcopi se debent scire presbyteros , non dominos nec debent in clerum dominari , episcopus se sedente non permittat presbyterum stare . episcopi noverint se magis consuetudine quam dispensatione presbyteris majores , kings may make them lords , but as bishops they hold their former rank assigned by the canon , as lords the king never gave them the keyes , and as bishops the canon did not ; yet as under the joynt title of lord bishops , they hold themselves priviledged to get what power they can ; two things they reach at , viz. the absolute power of imprisonment , and of excommunication in all causes ecclesiasticall . the common law would never yeeld this ; some statutes in some cases did pretend : first , as touching imprisonment , the statute of henry the fourth concerning heresie doth lispe some such power ; of what force the same statute is hath been already observed , in case of incontinency of church-men , it is more directly given them by a statute in henry the sevenths time , before which time the statute it self doth initimate , that an action did lye against them for such imprisonment , which law also was made uselesse by another in henry the eighths time , who gave away to statutes for the punishing them at the common law. first , with death , which continued for some months , and that being found too heavy , it was punished by another law , with forfeiture and imprisonment . and the same king likewise gave way to a law for the like punishment in case of heresie . by that law that revoked the statute of henry the fourth formerly mentioned , although till triall , the same was bailable : and thus continued till the time of edward the sixth . but as touching excommunication , it was to no purpose for them to struggle , the common law would never permit them to hold possession quietly ; but did examine their authority , granted prohibition , enjoyned the ordinary to grant absolution where it saw cause ; neverthelesse in some cases henry the eighth gives way to some statutes to allow them this power , as in the levying of tenths . in the next place the prelacy had not this ecclesiasticall jurisdiction in themselves so as to grant it to others but the parliament did dispose thereof , not only to bishops but to chancellors , vicars generall , commissaries , being doctors of the law , and not within holy orders , and limiting their jurisdiction in cases concerning the papall jurisdiction ; and their manner of sending their processe and citations , to draw men from their proper diocesse , and also their inordinate fees in cases testamentary . the prelates therefore might possibly make great claim hereof , for generally they were still of the old stamp , loved to have all by divine right and lived they cared not by what wrong : but the laity inclining too much to the new religion , as then it was termed , refused to yeeld one foot unto their pretentions : and so like two horses tied together by their bits , indeavor after severall courses , ever and anon kicking one at another , yet still bestrode by a king that was joynted for the purpose ; and so good a horse-man that neither of them could unhorse , him till death laid him on the ground . and thus was the romane eagle deplumed , every bird had its own feathers , the great men the honours and priviledges , the meaner men the profits , and so an end to annates , legatine levies , peterpence , mortuaries , monestries , and all that retinue , the vast expences by bulls and appeales to rome , to all the cares , expences , and toile in attendance on the romane chaire : the beginning of all the happinesse of england . chap. xxxi . of judicature . these two kings were men of towreing spirits , liked not to see others upon the wing , in which regard it was dangerous to be great , and more safe not to be worthy of regard : especially in the times of henry the eighth , whose motion was more eager ; and there was no comming nigh to him , but for such as were of his own traine , and would follow as fast as he would lead ; and therefore generally the commons had more cause to praise the king for his justice then the nobility had . both the kings loved the aire of profit passing well ( but the later was not so well breathed ) and therefore had more to do with courts which had the face of justice : but behinde were for the kings revenue : such were the court of requests , of meane originall , meane education , yet by continuance attained to a high growth : the court of tenths and first fruits : the court of surveyors : the court of the lord steward of the houshold : the court of commission before the admirall : the court of wards ; the court of the president of the north : the prerogative court : the court of delegates : the court of commission of review : others of more private regard : and ( that which might have given the name to all the rest ) the court of augmentation . besides these there were some in wales ; but that which concerned more the matter of judicature , was the losse of that grand liberty of that countrey formerly a province belonging to this nation and now by henry the eighth incorporated into the same , and made a member thereof , and brought under the same fundamentall law ; a work that had now been long a doing , and from the time of edward the third brought on to perfection by degrees . first , by annexing the tenure of the marches to the crowne : then upon occasion of their rebellion by losse of many of their wonted liberties . afterwards henry the eighth defaced the bounds of diverse the ancient counties and setled them a new and the bounds of the marches also , and appointed plees in courts of judicature to be holden in the english tongue . and last of all reunited them again to the english nation , giving them vote in parliament as other parcell of the english dominions had . true it is , that from their first submission even unto edward the first they were summoned unto parliament , and had vote there , but onely in order to the interests of their own countrey , now and henceforth they possesse one and the same vote as english men . secondly , as courts and judicatories multiplied , so some also of those that were ancient enlarged their jurisdiction , especially such of them as most nighly related to prerogative ; amomgst others , the privy councell leads the way : who now began to have too much to do , in a double capacity , one at the councell table , the other in the star chamber : for now their power began to be diversly considered . in their first capacity they had too much of the affaires of the common pleas , in the later they had too much of the crown pleas ; both of them serving rather to scare men from doing wrong , then to do any man right . and therefore though some men might seeme to have some recompence , yet the greatest gain fell to the king and his courtiers , and thus became majesty , or state , or prerogative , to be more feared then beloved . what the power of the councell was formerly hath already beene manifested , that which both these kings conspired in , and whereby they gained more power over the people then all their predecessors , was this , that other kings stood too much upon their own leggs , these leaned much upon the lords , and gained the lords to stick close to them ; and in this they had both the kings love and the peoples leave , who now disjoynted upon severall interests , especially that of religion , must be contented to let go that which they had no heart to hold . and thus they obtained a judicatory power over the people ; like that of great men whose censures are commonly above capacity , and not like to that of the peers . this was begun in henry the sevenths time , who taking occasion to complain of corruption and neglect in ordinary trialls of the common law , gets the people to yeild to the councell , or some of them , a power of oier and terminer , by examination upon bill or information in matters concerning maintenance , liveries , retainders , embraceries corruption in sheriffs , and juries , riots , and unlawfull assemblies , crimes all of them of the same blood with rebellion , which the king as much hated as the thought of his title to the crowne ; and therefore would have it feared , as much as the punishment by such a mighty power ; and a triall of a dreadfull nature could effect . a triall i say , wherein both the guilty and the guiltlesse adventure their whole estates , against the edge of the arbitrary wills of great men of unknown interests , in an unknown way , at unknown places ; having no other assurance , how , or when to come off , but a proclamation to tell the people , that the king above all things delighted in justice . a bitter pill this was for the people to swallow , yet it was so artificially composed , that at the first taste it gave a prety rellish , the king delights in justice , the chancellor hath his conscience , the arch-bishop brings religion , the judges bring law , so as its probable nothing will be done but according to justice , conscience , religion , and law ; a very faire mixture but that there was a treasurer in the case , yet the successe answered not expectation , the persons offended were many times inferiour and their estates not great , the offenders more meane and of desperate fortunes ; for great men were too wise to try this new way , or to tast of their entertainment . therefore within nine yeares the judges of assize are betrusted with all , and that court so continued for as many yeares more ; and then the king marked out one crime amongst the rest for his owne tooth , belonging to the great men onely , for they onely are able to commit the crime , and to give recompence sutable to the kings appetite : it is giving of liveries , and retainders , a sore evill in the eyes of a jealous king , tending to draw the inferiour sort to honour and admire , and be of the suit of those of the greater sort , and then beware the crown . these therefore must be tried before the king himself and his councell , that he may know whom he is to feare , and of whom to take heed . and herewith is a strange power given , to summon upon a meere suspition : to proceed without information : to examine the defendant upon oath and make him his own accuser . to punish according to discretion , by fine and imprisonment ; and thus the king and his councell have gotten a power under colour of liveries and retainders , to bring the whole kingdome to be of their livery , or else they can suspect whom they please ; apprehend whom they suspect , put him presently to the rack of confession , and so into prison till he hath satisfied both displeasure , and jealousie , and covetousnesse it self . never was england before now in so low a degree of thraldome , bound under a double knot of self-accusing , and arbitrary censure , and this out-reached , not onely in matters meerly civill , tending to the common peace , but was intruded also into matters ecclesiasticall in order to the peace of the church . all bound unto the good behaviour both in body and soul , under perill of losse of all that a man hath deare to him in this world. the plot of all this was first laid by henry the seventh , and was followed by henry the eighth , who put that into practise ( which his father had in designe ) being led thereto by such a skilfull guid as cardinall woolsie was , who , though of meane birth , yet of a spirit above a king , and equall to the popedome , strained the string of prerogative to its utmost heighth , and then taught the king to play thereon ; which he did after his blunt manner till his dying day . and thus though the clergy are brought a peg lower , and the nobility advanced higher , yet was it the pollicy of these kings to make them all of their own livery and retaindership , to keep them in an upper region , looking on the poore commons at a distance far below ; and well it was for the commons thus to be , till the influence of these blazing stars grew cooler . chap. xxxii . of the militia . it may fall within the verge of opinion , that the guilty title of henry the seventh to the crowne of england , galled his minde with jealousie the greatest part of his reigne : whether it were that he had not declared himself so fully upon his title by his wife , or that as yet he feared some unknown plantagenet would arise and put his crown to the question : this made him skilfull in the point of fortification ( wherein he likewise spent the greatest part of his reigne ) not so much by force of armes ( for he cared not much for that noise , well knowing that peace is the safer condition for a king that comes in by power ) but principally by way of gaining concessions and acknowledgment from the subjects , a musick that he much delighted to heare , well knowing it would conclude those amongst them that knew too much , and instruct them that knew too little ; and so in time he should passe for currant amongst them all . it was no hard matter for the king to accomplish this , the greater part of the kingdome being pre-ingaged unto his title , and of them many depending upon him for livelyhood , if he failed they must look to loose all . but the present occasion urged more importantly ; the title to the crown was already put to the question , by the pretentions of one that named himself duke of yorke : and it s now high time for the law to declare it self , to direct the people in such a case : what shall the people do where might overcomes right , or if dayes come like those of henry the sixth , wherein the subjects should be between two millstones , of one king in title and another king in possession , for whom must they take up armes , if for edward the fourth , then are they traitors to henry the sixth ; if for henry the sixth , then are they traitors to edward the fourth , and so now if for henry the seventh then they may be traitors to the duke of yorke , if for the duke of yorke , then are they traitors to henry the seventh . for though the duke of yorke was said to be but a contrivance of the house of burgundy ; yet a great part , both of the great men and others were of another opinion , and the king himself was not very certaine of his condition for the space of six years thereby . this puts the title of allegiance and that power of the militia to the touch ; at length both king and parliament come to one conclusion , consisting of three particulars . first , that the king for the time being ( whether by right or wrong ) ought to have the subjects allegiance , like to that of the wise councellor , of that brave king of israell , whom the lord and his people and all the men of israell chuse , his will i be . and this is not onely declared by the expresse words in the preface of the law , but also by the kings own practise ; for he discharged such as aided him against richard the third then king , by pardon by parliament , but such as aided him being king by declaration of the law. secondly , that this allegiance draweth therewith ingagement for the defence of that king and kingdome . thirdly , that the discharge of this service , whereto the subjects are bound by allegiance , ought not to be imputed unto them as treason : nor shall any person be impeached or attainted ; therefore the first and the last of these need no dispute . the second is more worthy of consideration , in the particular words set downe in the statute , viz. that the subjects are to serve their prince in his warres , for the defence of him and the land , against every rebellion , power , and might , reared against him , and with him , to enter and abide in service in battell . wherein two things are to be considered , the service , and the time or occasion . the service , is to serve the prince in his warrs , and with him to enter and abide in service in battell ; which is the lesse to be stood upon , because there is a condition annexed , if the case so require , which must be determined by some authority not particularly mentioned , albeit that whatsoever is therin set down is only by way of supposal in a preface annexed to the law , by the king , and permitted by the commons , that were as willing the same should be allowed , as the king himself , both of them being weary of warrs , and willing to admit this conclusion for the better security of them both in these doubtfull times . but to lay all these aside , for the case is not stated till the cause be considered . all this must be onely when and where the kings person and kingdome is indangered by rebellion , power , or might , reared against him . so as the kings person must be present in the warr for the defence of the kingdome , or no man is bound by his allegiance to hazzard his own life , and then this point of allegiance consisteth onely in defending the king in the defence of the land , or more particularly in defending the kings person , he being then in the defence of the land ; and defending him in order to the defence of the land. so as no man can rationally inferr from hence , that the king hath an universall power of array when he pleases , because the king when he pleases may not levy warr , nor make other warr then a defensive warr when the land is indangered , or when need shall require , as another statute hath it . but who shall determine this need or danger , neither in these or any other laws is mentioned ; either out of want of occasion or by reason of the tendernesse of the times , wherein both prince and people were willing to decline the question . secondly , the persons that are to do this service are to be considered of , and although they are indefinitely set down under the word subjects , it may be supposed that the word is not to be taken in so large a sense as to comprehend all of all ages , sexes , callings , and conditions ; in regard that even by the common law some of each of these sorts are discharged from such service . but it may seem the king was neither satisfied with the oppressions of this first law concer-cerning the occasion or time of this service ; nor did he see sufficient ground under the notion of bare allegiance to desire more : new wayes are by him found out , his patentees were not a few , and although few or none could ever boast much of any cheap purchases gained from him ( for he was wont to be well payed before hand for his patents either by money or that which was as beneficiall to him ) yet he was resolved that their holding should be no lesse advantagious to him then their having , and therefore in plaine words he lets them know , that notwithstanding former consideration , upon which they had their patents at the first , they must fight for him if they will live upon him ; and either adventure their lives or their benefit , choose they which , and if they finde fault with their condition he touches them with the law of their allegiance ; and thus he makes way to intimate a claim of a more absolute allegiance , for being to shew the equity of the law in regard of their allegiance , he tells them that every subject is bound by his allegiance to serve and assist his prince and soveraigne lord , at all seasons when need shall require ; generall words , that affirm nothing in certainty , yet do glance shrewdly upon an absolute and universal assistance . then comming to drive the naile home , it is said that the patentees are bound to give their attendance upon his royall person , to defend the same when he shall fortune to go in his person in warrs for the defence of the realme or against his rebells and enemies ; ( and as another statute addeth ) within the same realme , or without , and according to their allegiance , and not to depart without especiall license , or untill general proclamation of dismission . in shew therefore here is a new militia , as touching the kings patentees they must attend the kings person whither ever the king will lead them , either within the realme , or without ; whether against such as he will suppose to be his enemies abroad , or if he will mistake his subjects for his enemies at home : and this under the colour of allegiance published in doubtfull expressions , as if it were not meet that henry the seventh ( that loved not to yoke himself to the law should yoke his lawes under the lawes of plaine language : or rather that he held it a point of policy to publish his laws in a doubtfull stile , that such as durst question his lawes might have no positive charge against them ; and such as dared not to enter into the lists with him , might not be bold to come nigh the breach of them . nevertheless neither doth the glance of allegiance in the preface of the former , nor in the body of the later statute any whit confirm , that what is in them enacted is done upon the ground of allegiance , but contrarily when as the first statute commeth to the point , it startles from the ground of allegiance , and flies to the ground of a kinde of equity or reason . and the second resorteth to the first as its proper ground , as being a suppliment thereunto in cases forgotten and so omitted ; though it may be rather thought that the king creeping up into his heighth by degrees , made the former onely as an essay to prepare the way for the later , like the point of the wedge that maketh way for the bulk and body thereof . the truth of this assertion will be more manifest from the nature of both these lawes , being limited , both in regard of time and person . in regard of time , for both these lawes are but temporary and to continue onely during the life of henry the seventh , in regard the advancements therein mentioned , as the moving cause , are onely the advancements made by himself . in regard of the person , for all persons that received advancements from him are not bound thereby , namely those that come in to such advancement by purchase for money : neither are judges and other officers excepted persons in the saide statutes . if therefore allegiance had been the ground of these lawes , it had equally bound all who are under that bond , and no equity could have given a generall rule of discharge unto such condition of men : it had likewise bound as well formerly and afterward as during this kings reigne , and therefore what ever semblance is made therein concerning allegiance , there had bin no need of such law if allegiance could have done the deed , or if the power of array had been of that large extent as it hath lately been taken . in my conceit therefore these two lawes do hold forth nothing that is new , but a minde that henry the seventh had to fill his coffers , though his minde would not so fill ; he would have souldiers but they must be his patentees , not for any skill or valour in them above others , but he hoped they would compound with him for licenses to absent , rather then to adventure themselves , and so he might get the more money that could finde pay for souldiers more and better then they were or would be ; for otherwise the patentees might by the statute have beene allowed to serve the king by their deputies which would have done the king better service in the warrs then themselves could have done , and for this very purpose much use was made of these statutes , as well by henry the seventh as henry the eighth , both for licenses and pardons , for composition in such cases as their records do plentifully shew . secondly , let the claime of kings be what they will , yet the matter in fact shew plainly that they never had possession of what they claimed : both these kings pretended a forraine-warr , each of them once against one and the same nation , and to that end advanced unto one place with their armies ; although the one went in good earnest , the other in jest : their armies were not gathered by prerogative but of volunteirs , this not only the records but also the statutes do clearly set forth . some souldiers served under captaines of their own choise , and therefore the law inflicteth a penalty upon such captains as bring not their number compleat according to their undertaking , other souldiers are levied by commission by way of imprest ; which in those dayes were volunteirs also , and expecting favour from the publique , the rather because they devoted themselves thereto without relation to any private captaine ; willingly therefore received imprest money : and of this course the state saw a necessity , both for the better choise of men , and for the more publique owning of the worke : for such as had been usually levied by the captaines were fit only to fill up room and make up the number , and yet many times there was a failing in that also ; and this manner of raising the infantry was continued by henry the eighth , as by the like law in his time may appeare . as touching the levying of the horse , although diverse statutes were made for the maintenance of the breed of horses , and persons of all degrees of ability were assessed at the finding and maintaining of a certaine number of horses , yet do none of them tell us that they shall finde and maintaine them armed compleatly for the warrs , nor shall send them forth upon their own charge , and therefore i suppose they were raised as formerly ; these two kings had the happinesse to be admired , the one for his shrewd cunning head , the other for a resolute and couragious heart : and it was no hard matter to finde men that loved to ingratiate themselves , and indeavour to catch their favour , though with the adventure of their lives , especially if they looked after honour and glory , which as a crowne they saw pitched at the goale of their actions . thirdly , concerning the pay of the souldier , the law was the same as formerly , the same was ascertained by the statute-law ; the payment was to be made by the captaine , under perill of imprisonment and forfeiture of goods and chattels , and the true number of his souldiers to be maintained and listed , under the like perill . fourthly , as touching the souldiers service , the same course also was taken as before ; if they dissert their colours , they shall be punished as felons , and the manner of tryall to be at the common law. fifthly , for fortifications , the power properly belongeth to the supream authority , to give order therein : for the people may not fortifie themselves ( otherwise then in their particular houses , which are reputed every mans castle ) because publique forts are enemies to the publique peace , unlesse in case of publique danger ; concerning which , private persons can make no determination . and furthermore , no fortifications can be made and maintained , without abridgement of the common liberty of the people , either by impairing their freehold , or exacting their labour , or other contribution , none of which ought to be done , but by publique law ; and therefore when the inhabitants of the county of cornwall were to make defence against invasion and piracy , from the coast of little brittaine , in regard they were a long slender county , and upon sudden surprisals , people could not so readily flock together for their joint defence , they obtained an act of parliament to give them power to fortifie the sea coasts , according to the direction of the sheriff and justices of the peace . lastly , warrs once begun , must be maintained at the charge of the undertakers : if they be the kings own wars , he must maintaine them out of his owne treasury , till the benefit of them doe prove to the common good ; and in such cases the charges have been sometimes provided before the work , by act of parliament , and sometimes after . henry the seventh , and henry the eighth , both of them at their severall times went to boloigne with their armies : henry the seventh with an intent to gaine profit to himselfe by an advantagious peace , and had his ends therein , and was ashamed to aske ayde of the people towards the charges of that warr. henry the eighth went upon his owne charge also with his army , trusting to the parliament for consideration to be had of his imployment ( wherein his expectation did not faile ) and in his absence , made queen katharine generall of all the forces of england in his absence , and gave her power , with other five noble personages , to take up money upon loane , as occasion should require , and to give security for the same , for the maintaining and raising of forces , if need should require , as is more particularly set forth in the patent rolls of these times . neverthelesse the warr at sea , infra quatuor maria , was ever reputed defensive as to the nation , and under the publique charge , because no warr could be there , but an enemy must be at hand , and so the nation in eminent danger ; and therefore the maintenance of the navy roiall in such cases , was from the publique treasury . to conclude therefore , if the parliament and common law in all these cases of levies of men for warr , payment of souldiers , and their deportment , in cases of fortifications , and of maintenance of warrs at sea , and the deportment of such as are imployed therein ; i say , if they give the law , and carry the supream directory , then certainely the law rules in that which seemes most lawlesse ; and though kings may be cheife commanders , yet they are not the cheife rulers . chap. xxxiii . of the peace . peace and warr originally depend upon the same power , because they relate each to other , as the end to the meanes , and receive motion from one and the same fountaine of law , that ruleth both in peace and warr : it is very true , that severall ages hitherto have been troubled with arbitrary exhalations ; and these very times whereof we now treat are not altogether cleare from such an ayre . two kings we have at once in view , both of them of an elate spirit ; one working more closely by cunning , the other more openly by command , yet neither of them pretending so high as to doe all , or be all in all . peace suited more with henry the seventh then with his son , who delighted to be accounted terrible rather then good ; yet both of them were glad enough to be at peace at home , and were industrious to that end , though by severall meanes . henry the seventh pretended justice and peace ( a welcome news to a people that formerly accounted nothing theirs , but by the leave of the souldier ) and therefore sets upon the reformation of the sheriffs courts , in the entring of plaints , and making of juries suitable to that present time , wherein men of estates were very scarce , and much of the riches of the nation evaporated into the warrs , both civill and forraine ; although the continuance of that order concerning juries in the succeeding times of opulency , hath brought these courts into contempt , and made way thereby for the kings courts to swell in glory , and to advance prerogative , even above it selfe . secondly , he reformes goales , as well in their number as their use : during the civill warrs , every small party of men that could get a strong place , made the same , not only a castle , but a goale , and usually imprisoned and ransomed at their owne pleasure : for remedy whereof , henry the seventh restores all goales to the sheriffs , saving such as hold hy inheritance ; and gives power to two justices of the peace , one being of the quorum , to take baile in cases bailable , and recognisances of the peace , to be certified at the next sessions , or goal-delivery . thirdly , both kings concurr in providing against such disorders , as more immediately did trench upon the publique peace , and reached at the crowne it selfe , by labouring to prevent by severe punishing ; and lastly , by regulating the proceedings of judicature in such cases . these disorders were two ; inordinate wearing of liveries , and unlawfull assemblies : the first being in nature of unlawfull assembly of minds and spirits of men , the second of their bodies and persons : both these had formerly been provided against , but the judges of the common law , unto whose cognisance these crimes were holden , did restrain their punishments to the rule of the common law , then thought to be too facile and mean for disorders that did flye at so high a pitch ; and therefore they are reduced before a higher tribunall , as matter of state , as hath been already mentioned . the severity of punishment consisted not so much in aggravating the paine , as the crime , matters of injury being made felonies , and those treason . this crime of treason , at first it concerned matters acted against the nation , afterwards it reached to matters acted against the king ; now it reacheth even to the very thoughts and imaginations of the heart , not onely of bodily harme to the king , but of the queen or their heires apparent , or tending to deprive them of their title or name of royall estate : this crime was formerly made but felony by henry the seventh , and then onely extended to such offence committed by one of the kings houshold against the person of the king , or a lord , or any of the councell , steward , treasurer , or controller ; so as the person of the queene was not then in the case , and yet then newly crowned , and at that instant bearing in her womb that royall seed which was then the onely earnest of the stability and glory of england ; and therefore is it a subject of wonderment , unlesse it were out of extremity of jealousie , least he should seem to make too great account of her title , and thereby disparage his owne ; and then is it a peice of wit , but not without weaknesse ; for he that is jealous of the slightings of other men , shews himselfe unresolved in his owne pretentions . now henry the eighth , not onely raiseth the price , but addeth to the thing , and not onely putteth the queen , but the prince or heire apparent into the case , making the same treason : so as it implyeth , that english allegiance tyeth the subject , not onely to the safety of the person of the king , but also of the queen and heire apparent ; otherwise the offence is made and declared treason against the king. secondly , the election of the object is to be considered , for whether the one or other statute be observed , it will appeare that although the king was the next object expressed , yet a further was intended , and that the crime is not intended in regard of his naturall capacity as a man , but of his politique capacity , and in relation to the common good of the nation , and this is evident , not onely from the severall prefaces of the lawes , but also from the manner of election , whereby the title of heire apparent is taken up , and not the eldest sonn or daughter , or these , and not the other children , all which are equally dearly beloved in naturall regard . thirdly , though at the common law treason be properly a crime against allegiance , yet as in cases of felony crimes may be by the statute made as treason , which at the common law are not against the legiance of an english man , for this remaineth ever one and the same , but one and the same fact may be made treason and unmade by the statute-law , as befell this law of henry the eighth , by a law within twenty yeares after ; like as also in former times one and the same fact hath many times received the like measure . other treasons besides these already mentioned were by henry the eighth created , as marriage with any of the kings sisters , daughters , or aunts of the fathers side , or the daughters of his brethren or sisters , without consent first had of the king : counterfeiting of currant money , not of the kings coynage , was likewise made treason by henry the seventh , who was well seen in that mistery of money-trade , and the like also became of counterfeitures of the kings privy signet and signe manuell . and lastly , that horrid trick of poysoning was reduced to this category , rather that the penalty might be more terrible in the death ( which was by boyling ) then for any tincture in the nature of the crime , or in any forfeiture of estate . the policy of these times thus irritated against treason had proved very irreguler , if the same had not been as rigid in cases of felony : diverse new ones of that kind are also dubbed , amongst which conjuration or witchcraft comes first ; an old felony in the saxons time , but since had gotten its clergy , now well nigh for the space of five hundred years , and they it , so as it never walked abroad amongst the laity but under the favour of the cloystered people , nor ever came before the civill power till now henry the eighth brought it forth into its own ancient and proper regiment . other crimes being those of the season are made into the the same degree : such as were taking of women into captivity ; unlawfull huntings with disguises ; malicious breaking of the dikes and bankes in marshland ; servants embezzelling their masters goods to the value of forty shillings or upward , which ( besides that of heresie , whereof formerly ) though of a new stamp , yet of so good a constitution , that they remaine unto this day under the same brand . but let the lawes be never so severe , if they have not free liberty to walk at large they are soone ghostlesse , and therefore these two kings , especially the later , gained that honour above their predecessors that they gave the law a free and full scope over all persons but themselves and their assignees , and in all places . first , concerning places , every one knowes the notion but few considered the extent of sanctuary ground in england , that could sanctifie any crime or criminall person in such manner , that though the eye of justice could see yet the hand of justice could never reach them ▪ till henry the eight plundered them of all their sanctity , and made all places common , so as no treason could hide it self but where the act of parliament did appoint , and turned their names from sanctuaries to priviledged places . the sanctity of the person was yet more mischivious and hard to be reformed , it had been often attempted before , these times with little successe . henry the seventh gained some ground herein beyond his ancestors ; the delinquent might have his clergy once , but not the second time ( though he fled to the hornes of the alter ) and was ever after known by a brand in the hand . thus far did henry the seventh go , and would have done more even as far as unto those in holy orders . but henry the eighth comming on , in point of treason made all persons common without respect of their orders or profession . death makes an equall end of all . in cases of murther , robbery , burnings of houses , fellonies done in holy ground , high way , or dwelling house ; refusall of triall , peremptory challenge of above twenty of the pannell ; servants , imbezzelling their masters goods in value forty shillings or upwards ; in all these cases no clergy could be allowed , but to persons in holy orders , and those also to be perpetually imprisoned in the ordinaries prison ; and yet this exception held not long in force , but these men also were equally wrapped up in the same course , to have their clergy and indure the brand even as other men . two difficulties yet remaine which hindred the execution of the lawes against treason . one concerning the place , the other the person . the place many times of the plotting and beginning of the treason befalleth to be without the walk of the kings writ , in which case by the common law it cannot be inquired or tried , or it may be that the men of the place be generally disaffected , and then no hope of finding out the matter . in such cases therefore it is provided , that be the crime wheresoever the delinquent will , it shall neverthelesse be inquired and tried where the king will. the person of the delinquent also many times changed its condition ; it might be sober at the time of the delinquency , and afterwards upon discovery , prove lunatick , and thereby avoide the triall , this whether in jest or earnest , by a statute is made all one , and it is ordained that in case the fact be confessed by the delinquent before the lords of the councell , at such time as the party accused was of sound minde , and the same be attested under the hands of foure of those lords , the same shall be a good ground to proceed to inquisition before commissioners , and the same being found , to try the delinquent without answer or appearence , saving unto barons their triall by their peeres . and thus however in their fits , the will of the persons of these kings was too hardy for the kings to mannage according to rule , yet the law still in title kept the saddle , held the reines , and remaineth the cheife arbitrator unto every man. chap. xxxiv . of the generall government of edward the sixth , queene mary , and queene elizabeth . wee are at length come within sight of the shore , where finding the currents various and swift , and the waves rough , i shall first make my course through them severally , and then shall bring up the generall account of the reignes of one king and three governours . the king was a youth of about ten yeares old , yet was older then he seemed by eleven yeares ; for he had all the amunition of a wise king , and in one respect , beyond all his predecessors , that made him king indeed , by the grace of god. he was the onely son of henry the eighth , yet that was not all his title , he being the first president in the point of a young son and two elder daughters by severall venters ; the eldest of whom was now thirty yeares old , able enough to settle the government of a distracted nation ; and the son so young , as by an act of parliament , he was disabled to settle any government at all , till he should passe the fifteenth yeare of his reigne : but the thing was settled in the life time of his father , whose last will , though it speake the choise , yet the parliament made the election , and declared it . the condition of this kings person , was every way tender ; borne , and sustained , by extraordinary meanes ; which could never make his dayes many , or reigne long : his spirit was soft and tractable , a dangerous temper in an ill aire , but being fixed by a higher principle then nature yeelded him , and the same , beautified with excellent indowments of nature , and arts , and tongues , he outwent all the kings in his time of the christian world. his predecessors provided apparell and victuall to this nation , but he education , and thereby fitted it to overcome a firy tryall , which soon followed his departure . the modell of his government was as tender as himselfe , scarce induring to see his funerall ; ready for every change , subject to tumults and rebellions , an old trick that ever attends the beginning of reformation , like the winde the sun rising . the diversity of interests in the great men , especially in point of religion , for the most part first set these into motion ; for some of them had been so long maintained by the romish law , that they could never endure the gospell : and yet the different interests in matters of state , made the greater noise . all was under a protector fitly composed to the kings minde , but ill matched with rugged humorous aspiring mindes ; whereof one that should have been the protectors great freind , became his fatall enemy , and though he were his brother , to prejudice his interest , pawned his owne blood : the other which was the duke of northumberland , had his will , but missed his end ; for having removed the protector out of the way , and gotten the cheife power about the king , yet could he not hold long what he had gotten ; for the king himselfe , after sixteen moneths decaying , went into another world , and left the duke to stand or fall before some other power , which came to passe upon the entry of the next successor . the greatest trouble of his government arose from the prosecution of a designe of his grand-fathers , henry the seventh , for the uniting of the two crownes of england and scotland , by marriage , and settling an induring peace within this isle ; and unto this worke all were ayders in both nations , but the enemies of both : but gods wayes are not as mans ; its a rare example to finde out one marriage that did ever thrive to this end . england meaned well in profering love , but the wooing was ill favoredly carried on by so much blood. lastly , as the government was now tender ; so was it carried with much compliance with the people , which ever gives occasion to such of them that are irregular , to be more , and such as are wel governed to be less , because though pleasing it be , yet it is with lesse awe and spirit , which renders their obedience at the best but carelesse and idle , unlesse such as are very consciencious be the more carefull over their owne wayes , by how much their superiours are the lesse . not thus was queen mary , but ( like a spaniard ) shee overruled all relations and ingagements by designe ; she was about forty yeares old , and yet unmarried when shee came to the throne , it may seeme shee wanted a minde to that course of life from naturall abstinency , or was loath to adventure her feature ( which was not excellent ) to the censure of any prince of as high degree as shee held her self to be ; or her value was unknown , so as to persons of meaner interests shee might seeme too much above , and to those of greater too much beneath : or possibly her father was loath to let the world know her title to the crowne till needs must , or to raise up a title for an other man so long as he had hope of a son of his own to succeed him , and yet had formerly designed her for a wife to charles the fifth , and afterwards to the dauphine of france : or it may be her self had set a command upon her self , not to change her estate till shee saw the course of the crown , either to or fro ; however the time is now come that shee must marry , or adventure her woman-hood upon an uncertaine and troublesome state of affaires : shee liked the lord courtnoe above the prince of spaine , but feared he would not designe with her : shee held him not unmeet for her degree , for shee feared he was good enough for her sister , that then also had the title of a kingdome waiting so nigh her person , as shee was an object of hope to her freinds , and feare to her enemies . and yet queene mary married the prince of spaine : it may be it ran in the blood to marry into their owne blood , or rather shee was thereto led by reason of state , partly to inable her with greater security in the reseisure of her kingdome in the popish religion , wherein shee knew shee had to do with a people not easie to be reduced , where conscience pretended reluctancy ; and partly to assure her dominion against the outworks of the french and scottish designes . and so shee yeilded up the supremacy of her person to the prince of spaine , but ( thanks to the nobility ) the supremacy of the kingdome was reserved to her own use , for it was once in her purpose to have given up all to the man , rather then to misse of the man. and yet their condition was not much comfortable to either : the peoples dislike of the match sounded so loud abroad , that when the prince was to come over , the emperour his father demanded fifty pledges for his sons safty during his abode in this land , which was also denied , when he was come over , the english feare the spanish tiranny , and the spanish the old saxon entertainment of the danes ; so both ly at their close guards , as after some time the king and queen did no lesse , for the queen was either never earnest in her affection , or now much lesse , finding his body diseased and his minde lingring after unlawfull game . on the other side , the king not finding that content in her person ( especially after her supposed concepcion ) that he expected , looked to his owne interest apart from hers , and thereby taught her to do the like ; and this she thought cost england the losse of callis and he spaine the losse of many advantages that might have been obtained , and was expected from this conjunction . thus by the severall interests betweene the king regnant and the queen regent , the government of england became like a knot dissolving , neither fast nor loose . towards the people she might well be reserved , if not rigid , for she knew her entry was not very acceptable though accepted ; and that her designe was contrary to her ingagements ; and therefore it was vaine to think to please her self and pleasure them . nor did she much busie her thoughts therewith , that abominated trick of impost upon merchandise she brought into fashion , which had by many publique acts been damned for the space of two hundred years ; this was done without either shame or fear , for if the people turned head , she knew she had a good reserve from spaine , and the people might very well consider of that , though for her part she desired not much to improve that forraine interest ; because she might well see that spaine designed to keep england so far beneath , that france might not get above : and that phillip neither loved the double crowne of england , no nor the triple crowne at rome , otherwise then in order to that of spaine . this distance between her and her king , wrought her to a more nigh dependency upon her councell and english nobility , and so became lesse discerned in her government ; although questionlesse she did much , and wanted not wisdome or courage to have done more , but that she was not wholly her owne woman : all men do agree that she was devout in her kind of profession , and therin as deeply ingaged as her brother edward had beene in his ; though it may be out of tendernesse of conscience , but she out of a spanish kind of gravity that indures not change : and whereunto she was well aided by her clergy who were her beloved for her mothers sake , and now also so much the more sowre , by how much the nigher to the bottome : it s the lesse wonder therefore if the zeale of these times burnt into a flame , that at length consumed even those that kindled it . in one thing more above all the rest she acted the part of her sect , rather then her place , and the same contrary to the advice of her ghostly fathers and all rules of policy , and the agreement between her king and self upon marriage ; which was the ingageing of england in the warr at saint qui ntins , against the french , contrary to the nationall league formerly made : neverthelesse the issue was but sutable , for though the english obtained their part of the honour of that day , yet in the consequence they lost callis , the last foot that the english had in france ; henceforth england must be content with a bare title : as this was deserved , so was it also reserved by the queen , to make the world beleeve that she died for greif therefore as a mother of her countrey ; although her bodily disease , contracted by a false conception , wherein she beguiled both her self and the world , concurred thereto . in sum , the worst that can be said of her , is this , that she was ill principled , and the best , that she acted according to her principles , and so lived an uncomfortable life , shaped a bloudy reigne , and had but a dim conclusion . the night was now spent , and queen elizabeth like the morning star rising into the throne , sent forth the benignant influence of both her predecessors , and many waies excelled them both , she was begotten in a heat against rome , wherein also she was borne and trained up by her father and brother edwards order , and saw enough in her sisters course to confirme her therein . for queen mary was not very catholique in her throne , though she was in her oratory . nevertheless , queen elizabeths course hereunto was very strange , and might seem in outward respects to lead her quite wide , for her youth was under a continuall yoke , her mother dead whiles she was at the breast ; her father owning her no further then as his child born of a rebellious woman , never intending her for the crown , so long as any hope was left of any other ; with her age the yoke grew more heavy , her brother edward being but of the half blood , except in point of religion , might repect her at a distance beyond his mothers family , but this lasted not long , her sister mary comes next , of a stranger blood to her then her brother was ; looking ever back upon her as one too nigh her heele , and more ready to tread upon her traine then support it , the difference in religion between them two added yet further leven , and this occasioned from her sister , to her many sowre reflections , bitter words , harsh usage , concluding with imprisonment , and not without danger of death : all which queen elizabeth saw well , made the lesse noise in religion , walked warily , and resolved with patience to indure the brunt ; for she might perceive by her fathers will that her way to the crown , if ever she arived at the end , must be through a feild of blood , and though she knew her change of religion might make the way more plain , yet god kept her in a patient waiting , untill the set time was come . thus passing over her minority with little experience of youthfull pleasures , she had the happiness to have the lesse sense of youthfull lusts , which meeting with naturall endowments of the larger size , rendred her the goodliest mirror of a queen regent that ever the sun shone upon , god adding thereto both honour and continuance , above all that ever sate in that throne : her entrance was with more joy to others then her self , for she kept her pace as treading amongst thornes , and was still somwhat reserved , even in matters of religion , though she was known to be devout . she had observed that the hasty pace both of her brother and sister brought early troubles before either of them were well setled in their throne . and therefore whereas her sister first set up the masse , and then indeavoured to settle it by disputes , she contrarily first caused the point to be debated , and thereby gained liking to lay it aside . it s true the moderatorship in that dispute was imposed upon a lay man ( as their term is ) but his work being to hold the disputants to order in debate , and not to determine the point in controversie ( which thing was left to the auditory ) might therefore more rationally be done by him , then censured by any historian that shall undertake to judg them all . the first step thus made , one made way for another , till the whole became levened ; her proceedings against opposers were with much lenity , rather overlooking , then looking on ; and such as stood more directly in her path she would rather set a side then trample down : and be faire to all ( without respect to difference of religion ) that would be faire to her . much of her happinesse depended upon election of her councell , more in observing their advice , that whether she did rule , or were ruled , or did rule by being ruled , might deserve some consideration : this she did to give satisfaction to such as took prejudice at her sex , rather then out of any sense of imbecility in her own intellectuals , for therein she equalled the best of her predecessors , and in learned endowments exceeded them all . generally she was of a publique minde , if not populer , she loved to be seen of the people , and yet kept her distance : her sex taught her to use her tongue much , and her education to use it well and wisely : that , with a reserved carriage was her scepter , winning thereby applause from the inferiour sort , and awe from the greater· a wise man that was an eye witnesse of many of her actions and of those that succeeded her , many times hath said , that a courtier might make a better meale of one good look from her then of a good gift from some other king. anothet felicity she had beyond others of her place , she loved not to be tied but would be knit unto her people . to them she committed her confidence under god , and they to her their cheifest treasure on earth , viz. their hearts to her parliament which was the most considerable party that she had to deale with , she could personate majesty equall to any emperour , and advise , commend , yea and chide if she saw occasion : and yet ever had a trick to come off with a kinde conclusion without blur of honour . so as of thirteen parliaments called during her reigne , not one became abortive by unkindness ; and yet not any one of them passed without subsidy granted by the people , but one wherein none was desired : and sometimes the aid was so liberall that she refused the one half , and thanked the people for the remnant ; a courtesie that rang loud abroad to the shame of other princes . she would often mention her prerogative , and yet not hold her self wise enough , either to interrupt the judges in their way , nor the bishops in theirs : abeit she spared not also , as she saw occasion , to check the best of them for their irregularities ; she had no beloved , yet entertained favorites at a cheaper rate and in better order then kings use to do , for she had a preferment within her power beyond the reach of them all , and passion also soon at command , or rather somtimes beyond command : yet if calmely taken , it ever proved good for that party ( that suffered ) in the conclusion . however , her love she held under her own power , and therein excelled her forefathers ; she had the president of her sister ( that adventured upon a prince for her bed , and missed what she expected , and lost what she had ) and thereby learned to call into question the possibility for her to gaine the private contentments of a married life , and therewith maintain her publique interest in the kingdome ; and therefore resolved rather to sit alone then to sit below , and to refuse the help of any consort , rather then to part with any one jot of her interest in the people : so she remained above the people and her self , and thereby enjoyed both . but custom in government growing , together with infirmities of age , made her regency taste somwhat stale and spiritless , and gave occasion to mens mindes to wander after the next successor ; before she had been nine years queen this scrutiny was once begun ; but it received a faire answer of delay , because it was then taken as don in love , now the apprehensions hereof according to her age are more sad ; she thinks them weary of her , and therupon she is weary of her self and them : she supposes she can no longer give them content ; the lords have the power , they will not be ruled ; and such like dark thoughts working upon an aged body , weakned with other infirmities , wasted her spirits and hastned a conclusion unto a weary life , her self not unwilling herewith , and her courtiers lesse , who expecting more from successors then they find , lived to disdesire and unwish their former choise by late repentance ; thus making the ending of her dayes the renewing of her reign in the hearts of all that observed her alive , or consider her ( now dead ) in the written registers of her fame . chap. xxxv . of the supreme power during these times . the supreme power , but ere while monstrous in the two former kings times for greatness , now suffers as great a diminution , over-shadowed by infancy , woman-hood , and coverture ; and gives the people breath to beware for the future , ne potentes si nocere velint non possent ; nevertheless the loss was only of the hydropical humor , and the government came forth more clearly like it self . in the point of infancy , edward the sixth bears it forth , being the seventh president of infancy , ruling under protectorship , since the norman times ; yet beyond all the rest in managing his supremacy in church matters , which none of them all did ever ingage upon before him . english prerogative and supremacy are notions of a sublime nature , and commonly looked upon as the holy mount at the delivery of the law , at a great distance , for fear of death or undoing ; and yet it is such a thing as a childe may handle without hurt done , either to the estates , persons , or consciences of any man ; because it s presupposed he does nothing but what the law first dictates by his councel unto him . there is then no infancy in the crown , though in the person , because the wisedom of the crown is not intended to rest in one person , but in the councels of many , who are equally wise , whether the person of the king be old or young . and that statute made by henry the eighth , by which this king had power by his letters patents , after the age of years , to adnull any act of parliament made by him before that time , was not grounded either upon principles of law or general reason of state , but upon some particular circumstances of the state of the affairs as then they stood ; and therefore is this power limited onely to such heirs or assignees of henry the eighth , to whom the crown shall come by his appointment . nor did it ever thrive to that desired end whereto it was intended : for upon the entry of edward the sixth , the councels changed , and the parliament took this statute away , as scandalous to the fundamental government of the nation , and in stead of the power of adnulling , allowed of the power of repealing ; yet so as untill such time of repeal the said statutes , and all acts thereupon done , shall for ever be deemed warrantable and good . this was too much , but that the times were yet in equi lubrio , and men were loath to part with their interests , which they did hang upon that power of reserve , unto the kings letters patents : yet in that the power is limited , not onely in regard of the manner and time , but of the persons , and also of the statutes that are to be repealed : it is sufficient to vindicate the nature of this prerogative ( if such it were ) to be no ways inherent , but acquired by concession . but as touching the legislative power , they would not trust it in the least manner to any other king. the parliament had crowned proclamations at the instance of henry the eighth , with that royal title of laws , in manner as formerly hath been noted . now all interests , both of the popish and of the reformed parties of this nation , are against it ; the former because they saw the kings present way to be against them , and both it and the later because the thing it self was abominable unto the liberties of the people , and therefore it is soon taken away by repeal , and the legislative power is wholly re-assumed to themselves , as formerly : for though in matters ecclesiastical the power of the crown might seem to be more pre-eminent in regard of the supremacy , and some particular powers in making bishops by election without conge destire , yet did the parliament neither yeild or acknowledge any legislative power to be in the crown thereby , but proceeded on in that way of the thirty and two commissioners formerly agreed upon by them , in the time of the kings father . thus the king , though an infant , was a gainer , and the crown nevertheless still the same . secondly , that crown that may be worn by an infant may much rather be worn by a woman , whose natural indowments do far exceed the other , and are not inferior unto the most of men : of this we have two examples in these times , queen mary and queen elizabeth , of severall professions in matters of religion , and liable to exceptions , in regard of their sex , by men of the counter-profession on both sides ; yet both upheld the honor of the crown , though therein the one more especially , being neither ingaged in the roman cause , nor in the estate of marriage , as the other was . this was queen elizabeth , in person a woman , but in minde indowed with all the perfections of a man ; she could not indure to abate one hairs breadth of her state ; and yet upon the sole regard of her sex she submitted her title of supremacy to a more moderate name of supreme governour , whereas her father would be called supreme head , as if it were not onely hazardous , but hideous for a woman to be supreme head of the church ; and for this cause would she not revive that statute made by her father , and continued by her brother edward the sixth , and repealed by her sister queen mary : nevertheless such as she was , she had all such jurisdictions , priviledges , superiorities , and pre-eminencies , spiritual or ecclesiastical , as by any ecclesiastical power or authority formerly had been , or might be lawfully exercised , for visitation of the ecclesiastical state and persons , and for reformation , order , and correction of the same , and of all manner of errours , heresies , schismes , abuses , offences , contempts , and enormities ; she had therefore neither absolute empire , nor absolute jurisdiction over the churches ; neither power to make , declare , alter , or repeal any law ; neither did she ever exercise any such power , but onely by act of parliament : she had a power over ceremonies in the worship of god , which was given her by the parliament to execute by advice , and therefore was limited , as also was all the remainder of her . power in jurisdiction ecclesiastical ; for she could do nothing in her own person , but by commission : and these commissioners must be natives and denizons , not forrainers ; and the same to be but in certain cases , and with certain process . some cases of ecclesiastical cognisance were referred to triall at the common law , viz. such as concerned the publique worship of god in cases of forfeiture and imprisonment . lastly , neither had the queen , nor her commissioners , nor bishops , absolute power over the church-censures ; no censure was regarded but excommunication , and that no further then in order to the writ , de excommunicato capiendo , and in all cases the same was to be regulated according to the statute in that case provided , or by the common law in case of action : in all which we finde no jurisdiction in cases ecclesiastical that is absolutely settled in the crown : in matters temporal the thing is yet more clear ; she never altered , continued , repealed , nor explained any law , otherwise then by act of parliament , whereof there are multitudes of examples in the statutes of her reign ; and what she did by her judges was ever under correction . a woman she was , and therefore could be no judge , much less in the cases of difference concerning her self and her crown . a queen she was , and might make judges , but she must go according to the law ; new judicatories she could make none ; nor judicially make , declare , alter , or determine the power of any court or judge in case of difficulty , but by her parliament ; as in the cases concerning the power of the lord keeper , the powers of the commissioners of sewers , and charitable uses , the courts at westminster , and the county courts , in the severall statutes concerning the same may more fully appear . and which is yet of a meaner size , her power extended not to redress any inconvenience in process of errour , or delay , in courts of law , nor to remedy errours in judgements , fines , recoveries , attainders , or other matters of record , or triall , whereof the statutes of her time are full , and also the opinions and judgements of the judges of the common law concurring therewith : i mention not the power of life and member , which without all contradiction hath ever been under the protection of the known law ; so as upon the whole account it will be evident , that this queen had no absolute pre-eminence in all cases , but either in contra-distinction to forrain power , or the power of any particular person , and not in opposition to the joint interest of the representative of england . queen mary comes next , although a woman as well as she , yea her elder sister and predecessor , yet came short of her in the point of supremacy , by a double submission , both unto the law of a husband , and of a forrain power in cases ecclesiastical ; although the same was with such qualifications as it was much more in title and pretence then in reality ; and so in the conclusion , neither approved her self to be good wife , good catholique , nor good queen . she could be no good wife , because she was too great for her husband within the realm , and resolved not to be without . a catholique she was , but the worst that ever held her place : her father appeared what he was , spake plain english , and was easily discerned . but she told the pope a fair tale of disclaiming supremacy , and reconciling her kingdom ; yet none of her predecessors did go beyond her in irregularity of her proceedings . before ever she called parliament , she settled the great work of reformation , or rather deformation in the worship of god , by single proclamation ; and not onely took away the partition-wall of doctrine by the like power , but gave way , and power to persecution thereupon , to arise before any power or order from the holy sea , then so called , inabled her thereunto . and after that she declared her self convinced , that she ought not to exercise ecclesiastical jurisdiction , and by her instructions forbade the bishops to use in their process that clause of regia autoritate fulcitus , yet even these instructions had no other authority then her own ; and nevertheless she still inforced the execution of all matters concerning the publique worship of god , and government of the church , when as yet the pope had no admittance unto his ancient claim . it is very true , that the pope long ere now had made a fair offer , and the queen had lent her ear , but her train was too great to move as fast as was pretended , so as no meeting could be had till the queens marriage with spain was past , and such as were dis-affected , found it was bootless to stop the current of two such mighty streams of power , now joyned into one ; and so that unclean spirit returned seven times worse then when he went out , and took seisin , meerly upon repeal of the laws made by henry the eighth , in the negative , without further grant or livery : for though an express embassage was sent to rome , to perform the solemnity of the submission , yet the pope died before the arivall of the embassie , and the solemnity failing , left the title of the crown much blemished , yet was it not wholly defaced ; for if the statutes in henry the eighth and edward the sixths time , did but confirm the possession , its evident that the repealing of those statutes took away no right from the crown , nor gave legal possession to the pope , that had formerly neither possession nor right , but left him to his remitter , as in his ancient right , or rather in his ancient wrong . yet right or wrong , de facto , he both did win and wear the keys so long as the queen lived , and so far as she pleased ; for her devotion would not allow of absolute obedience in that kinde , nor all for gospel that the pope said or did ; but by her self and councel executed the powers of supremacy of jurisdiction in church matters , not onely in pursuance of the papall authority , but in crossing the same where the popes way crossed her opinion , as in the cases of the war between her husband and france , and the power legatine of cardinal pool , her condemning of doctrines and books to be heretical by proclamation , establishing both prayers and dirges , and other orders of publique worship , whereof more fully in the publique histories of those times , and in the queens injunction upon occasion of the death of pope julio , is to be seen . lastly , she was no good queen , not onely because she gave up the peoples liberties in ecclesiasticall matters to the forrain jurisdiction of rome , but undertook too much therein by far upon her own account , and in civil affairs , though de jure , she was not inferior to any of her progenitors ; yet she would have it declared by the parliament , as if the consideration of her sex or birth , had made som hesitation in her minde , and when she had made all clear , she commending her self thereby to the prince of spain , with her self , indangered likewise that trust of the nation which she had received , and cast such a shadow upon her own supremacy , as in many things it is hard to be discerned . lastly , in her whole course uneven , sometimes appearing like the eldest daughter of henry the eighth , at other times like a fem covert , led by the will of her lord and husband , that wanting supremacy himself , rendred her thereby beneath her self . for first , she married by act of parliament , as if she were not at her own disposing , professing as much in her speech to the londoners , upon the kentish rebellion ; so a difference was made between the two sisters , the marriage of the one being by advice of parliament , and the abstinence of the other against the same . nor is the same altogether irrationall , for by the one the government of the nation is indangered , and by the other otherwise . secondly , by her marriage she became doubly married , one way relating to her person unto her king ; the other relatintog her trust unto her councell : for where a forraine mighty king is so nigh the helme , its dangerous to trust the same to his wife without the joynt concurrence of the lords . the matter in fact declared no less , for many times she had steered quite wide , had not the lords been more stiff to their principles then she. the first yeare of her marriage was hony-moon with her , she thought nothing too dear for the king , and that her self was but meanly married unless her husband were as compleat a king in her nation as any of her predecessors , although contrarily the higher he was advanced the meaner she became . thirdly , by her marriage she adventured her title of supremacy of jurisdiction : for phillip as king had the honour , stile , and kingly name , and so had the precedency ; he had to do also with the jurisdiction , for by the articles of the marriage he was to aid the queen in her administration of the kingdome and maintenance of the lawes , writs , and commissions , passed under his name : he also sate in parliament , voted therein and joyned in the royall assent . lastly , joyned in the publication , and execution of all lawes . to him also was allegiance due , and therefore the crime of treason was equally against his as the queens crown and dignity , saving that it was reserved to be as against him onely during the time of coverture , and yet had the queen left issue by him it would have been a hard adventure for the lawers to have given their opinion in that case , seeing the king had been guardian to his children during their minority . lastly , the whole power and jurisdiction resting in them both joyntly , could not inable them to make or dissolve courts at will nor conclude orders and directions in cases of plea and conveyance , nor process concerning the same . i shall sum up all in this on econclusion , if neither of these three had an absolute legislative power , either in matters concerning the church or common-wealth , if no absolute jurisdiction in case , either of life , member , or estate . if they neither can create , unite , or alter any court , either concerning the triall and determining the estates of the people or their own revenue . if not alter , or make any new process in courts of law : if not order common assurances of lands or estates . and lastly , if they have no power in determining the last appeal and definitive sentence in matters of controversy , but all must rest upon the sentence by parliament , there must certainly be found out a further sense of that grand title of supremacy of jurisdiction , power , superiority , pre-eminence and authority , then by the common vogue hath bin made . the title of supremacy was first formed in the behalf of henry the eighths claime in matters ecclesiasticall , which by the statute , is explained under these words of power , to visit , correct , repress , redress , offences and enormities : this power and no other did queen elizabeth claime , witness the words of the statute in her own time . but in the framing of the oath of supremacy in her time , not only in causes ecclesiastical but temporal ( which never came within the statutes and publique acts in henry the sevenths time ) are inserted ; and if any thing more was intended it must come under the word things , which also was inserted in the said oath , and yet if the words of the statute of queen elizabeth formerly mentioned be credited , the word things ought to comprehend no more then the word causes , and then the power of queen elizabeth in the common-wealth will be comprehended in these words of supremacy , to visit , correct , repress , redress , offences and enormities , for the supremacy in the church and common-wealth , is the same in measure , and what more then this , i cannot understand out of any publique act of this nation . now in regard offences and enormities are properly against lawes , the power to visit and correct must also be regulated according to laws , either of war or peace , nor do these five words jurisdiction , power , superiority , pre-eminence , and authority , contain any more supremacy , or other sense ; for two of them speakes only the rank or degree of the queen in government , viz. superiority and pre-eminence belongeth only to her , and not to any other forrain power : and two other words do note her right and title thereto , by power and authority committed to her : and the other word denotates the thing wherein she hath superiority and power , viz. in jurisdiction : the nature of which word vlpian ( speaking of the nature of a mixt government ) explaineth thus , quando servata dictione juris judiciorum fit animadversio , so as this supreame authority in jurisdiction is no other then supream power to visit , correct , redress , offences , or determine matters in doubt by deputing fit persons to that end and purpose according to the law , and this is all the supremacy that appeareth to me belonging to the crown in these times chap. xxxvi . of the power of the parliament during these times . when the throne is full of a king , and he as full of opinion of his own sufficiency and power , a parliament is looked upon as an old fashion out of fashion , and serve for little other , then for present shift , when kings have run themselves over head and eares . a condition that those of that high degree are extremly subject unto , but where the crown is too heavy for the wearer by reason of infirmity , the parliament is looked upon as the cheif supporters in the maintaining both the honour and power of that authority , that otherwise would fall under contempt : a work that must be done with a curious touch ; or a cleare hand ; or they must look for the like censure to that of a king to a great lord that crowned him . my lord , i like your work very well but you have left the print of your fingers upon my crown : such was the condition of these times , wherein a child and two women are the cheifs , but ever under the correction and direction of the common councel in matters of common concernment . two things declare the point , the course of the title of the crown , and the order of the powers thereof . the title ever had a law which was at the helm , although diversly expounded . kings ever loved the rule of inheritance , and therefore usually strained their pedegree hard to make both ends meet , though in truth they were guilty oftentimes to themselves that they were not within the degrees the people ever loved the title of election , and though ever they joyned it to the royall blood , and many times to the right heire to make the same pass more currant without interruption of the first love between them and their princes ; yet more often had they kings that could not boast much of their birth-right , in their first entry into their throne : of three and twenty kings from the saxons time , foure of the former had no title by inheritance ; the two willams , henry the first and king steven ; of two others , viz. henry the second and richard the first had right of birth , yet came in by compact . the seventh which was king john had no title but election . the eight , viz. henry the third came in a child , and contrary to compact between the nobility and the french lewes ; the ninth and tenth succeeded , as by unquestionable title of discent , yet the nobles were preingaged : the eleventh which was edward the third , in his entry eldest son but not heire , for his father was alive , but his successor , was his heire ; its true there were other children of edward the third alive that were more worthy of the crown , but they were too many to agree in any but a child that might be ruled by themselves . three next of the ensuing kings were of a collatterall line . their two successors , viz. edward the fourth and edward the fifth were of the right line , yet edward the fourth came in by dissesin , and edward , the fifth by permission ; richard the third and henry the seventh were collatterall to one another , and to the right blood , henry the eighth , though when he was king might claime from his mother , yet came in as heire to his father . and if edward the sixth was right heire to the house of yorke by his grand-mother , yet cannot the crown be said to descend upon the two sisters , neither as heires to him , nor henry the eighth , nor to one another , so long as the statute of their illigittimation remained , which as touching queen mary was till three months after her entry upon the throne , and as touching queen elizabeth for ever ; for that virago provided for her self not by way of repeale ( as her sister had done ) but more tenderly regarding the honour of her father and the parliament , then to mention their blemishes in government by doing and undoing : she overlooked that act of henry the eighth and the notion of inheritance and contented her self with her title by the statute made by her father in his thirty fifth yeare which to her was a meere purchase , and was not ashamed to declare to all the world , that she did have and hold therby , and that it was high treason for any subject to deny , that the course of the crown of england is to be ordered by act of parliament . and this power did the parliament exercise , not onely in ordering the course of the crown to queen mary and queen elizabeth , but during the reign of queen elizabeth , so far as to dis-inherit , and dis-able any person who should pretend right to the crown , in opposition to the right of queen elizabeth ; and upon this point onely did the whole proceedings against mary queen of scots depend , who claimed to be , and doubtless was heir unto henry the eighth , after the determination of his right line , and yet she was put to death for pretending right by the common law , in opposition to the act of parliament . true it is , that this doctrine doth not down well with those that do pretend to prerogative , aided ( as they say ) by the act of recognition , made to king james , and the oaths of supremacy and allegiance , which do make much parly concerning inheritance and heirs : nevertheless it is as true , that the act of recognition made no law for the future , nor doth the same cross the statute of eliz. nor doth it take away the power of the parliament from over-ruling the course of the common law for after ages . nor do the oaths of supremacy and allegiance hold forth any such obligation unto heirs , otherwise then as supposing them to be successors , and in that relation onely . and therefore was no such allegiance due to edward the sixth , queen mary , or queen elizabeth , untill they were actually possessed of the crown , as may appear by the oath formed by the statute of henry the eighth touching their succession . nor did the law suppose any treason could be acted against the heirs of edward the sixth , queen mary , or queen elizabeth , untill those heirs were actually possessed of the crown , and so were kings and queens , as by express words in the severall statutes do appear . nor did the recognition by the parliament made to queen elizabeth , declare any ingagement of the people to assist and defend her , and the heirs of her body , otherwise then with this limitation , being kings and queens of this realm , as by the statute in that behalf made doth appear . and lastly , ( had these oaths bin otherwise understood ) the crown had by the vertue of them been pre-ingaged , so as it could never have descended to queen mary , queen elizabeth , or king james , but must have remained to the heirs of edward the sixth for ever . secondly , the same power that the parliament exercised in ordering the course of succession in the crown , they exercised likewise in determining and distributing the powers and priviledges belonging to the same : for these times were full of novelties . the crown had formerly fitted a childes head more then once , but it never tried to fit a womans head since the saxon times , till now , that it must make triall of two . france might afford us a trick of the salique law , if it might finde acceptance . and the unsettled estate of the people , especially in matter of religion , might require the wisest man living to sit at the helm , and yet himself not sufficient to steer a right course to the harbour . nevertheless the parliament having the statute of henry the eighth to lead the way , chose rather to pursue a rule then to make one , and soon determined the point , viz. that the crown of england with all the priviledges thereof equally belong to a woman in possession as to a man or childe . a bold adventure i say it was ; but that henry the eighth was a bold leader , and yet the bolder it was , if the consequence be considered : for queen mary as a woman , brought in one new president , but in her marriage a worse , for she aimed not onely at a forrain blood , but at a prince in power and majesty exceeding her own , and thereby seeking advancement , both to her self and her realm , indangered both . the matter was long in debate between the spanish and english , and now had busied their wits above ten years , at length a supremacy is formed sutable to the lord and husband of queen mary , that could not be content to be one inch lower then her self . philip had the name of a king , and precedency , and in many cases not without the allegiance of the english . their offences against his person equally treason with those against the queens own person ; and indictments run , contra pacem & coronam d. regis & reginae . that in some cases he participated in the regal power may appear , in that by the articles , he was to aid the queen in the administration of the kingdom ; he joyned with the queen in the royall assent , and in commissions , letters patents , and in writs of summons of parliament , as well as others ; yet in the words the crown is reserved onely to the queen , and she must reign as sole queen . now if the king had broken this agreement , either the parliament must over-rule the whole , or all that is done must be undone , and england must bear the burthen . a queen regent is doubtless a dangerous condition for england , above that of an infant king , unless she be married onely to her people . this was observed by queen elizabeth , who therefore kept her self unmarried : nor did the people otherwise desire her marriage , then in relation to posterity . few of them liking any one of their own nation so well , as to prefer him so highly above themselves , and fewer any forrainer . this was soon espied by forrain princes ; and the queen her self perceiving that she was like to receive prejudice hereby in her interest amongst them , signified by her embassadours , that she never meaned to stoop so low as to match with any of her subjects , but intended to make her choise of some forrain prince , who neither by power or riches should be able to prejudice the interest of any of her neighbouring princes . a pretty complement this was to gain expectation from those abroad , and better correspondency thereunto . upon this ground divers princes conceived hopes of more interest then by triall they could finde . and the arch-duke of austria began a treaty , which seemingly was entertained by her , but her proposals were such as silenced all those of the austrian interest for ever after , viz. . that the romish religion should never be admitted into england . . that no man that she married , should ever wear the title of king. . that no forrainer should ever intermeddle in the rule and government of the church or common-wealth , nor in the ministry of the church . . that if he survived the queen he should never challenge any title or interest in the government , or any possession in england . . she would never marry any one that she might not first see . so as either she aimed at some inferior prince , that durst not look so high , or else she did but make semblance till she was nigh fourty years old : and in all declared that she liked not her sister maries choise . to these two powers of determining and distributing , i shall add a third of deputing , which the parliament exercised as formerly it had done . henry the eighth had in ecclesiastical matters exercised a power beyond the reach of law , and yet by parliament had provided positive laws , by which the same ought to have been ordered ; these were also confirmed in edward the sixths time , with some additionals . by these , particular commissioners were appointed for the making of ecclesiastical constitutions ; and the king himself had a power episcofactory , without conge deslire . they likewise limited the power of ecclesiastical courts , altered their process , reformed their censures , even that grand censure of excommunication it self . the like , or much more may be said of their deputing power in civil affairs , as well inlarging the kings power , as in abridging the same for whereas some of the successors of henry the . had power by vertue of his letters patents , after years of age , to annull any act of parliament by them made before that age. in the time of edward the sixth , notwithstanding the proviso in that law , and although edward the sixth was not then twelve years old , yet the parliament repealed all , and restored to edward the sixth onely that power for the time to come , but not to any of his successors ; and whereas henry . had gained to himself & his successors a legislative power by proclamation ; the parliament in edward the sixths time took the fame quite away , and reduced proclamations into their former sober posture . the like may be observed of the power of the parliament , in ordering the lives , members , and estates of the people in matters criminal ; and in making and altering courts of justice , and bounding their power , altering their process , abridging their terms for judicature , reforming errors in pleading , amending common conveyances , and assurance , as in passing fines with proclamations ; their course in the county palatine ; limitations of prescription ; fraudulent deeds ; recoveries by collusion , &c. in all which the crown had no power , but in and by the parliament . many particulars more might be added , if the matter so required ; for the statutes are more full in these later times then formerly , and may soon lead us beyond a just period in so clear a matter . chap. xxxvii . of jurisdiction ecclesiastical in these last times . in the general , and in relation to the forrain jurisdiction of rome , it was like a childe in an ague , under fits of heat and cold ; but in it self under the prelacy , still growing in stature , though not in strength . edward the sixth came in like a storm that tore up episcopacy by the roots , yet a top-root remained intire with the stock , bearing shew of a kinde of divinity , that though bared of the old soile of the papacy , yet transplanted into the new mould of royalty , soon conveyed a new life , which made the stock still flourish , and grow into a better condition then formerly it had . their legislative power in matters concerning their own interest , though in outward view seeming their own , yet was doubly disturbed from the pope and the king , who though many times opposed one another , yet evermore were both of them in opposition to the church , & with the greater bitterness by their own mutual emulations . but now the church is come under the controll , of onely one that joyned with it for their mutual interest , as being both of them imbarqued in one and the same ship. two things concurred to the furtherance hereof . first , the times were tender , and scarce able to digest the change of worship ( now patronized by edward the sixth ) much less able to digest the change of government , if the same had been undertaken in a different way from what it was formerly . secondly , the times were also dark , and few saw the bottome of prelacy , but lodged all the prejudice in the persons that managed that calling ; and certainly they had the less occasion to doubt of their own judgement therein ; because edward the sixth had the good providence of god to lead him to make use of such men in that place , that were meek , and holy , and themselves attempered in the fire of persecution , and therefore more tenderly affected to others in that condition ; and these carrying themselves like tender nursing fathers in their places , wrought in the people a good opinion of their places , and that form of government for their sakes ; yet even in those first times of reformation , somewhat appeared in that very quintessence of episcopacy ; in matters about ceremony and conformity , that might have taught wise men to beware . upon such grounds as these it went well with episcopacy in these first times of reformation , but ill with the church in the issue . that prelacy was a gainer by the change in henry the eighths time , hath already appeared ; and that it still gained , may further appear , in these ensuing considerations . first , whereas formerly bishops were regardant both to the crown and presbytery ( for so may the dean and chapter be accounted ) in the point of election by conge deslire ; now they are made the birth of the kings own breath , which thing was never deduced from the ancient right of the crown ( saving due honour to the aire of the preface of that statute ) for in the best times it never had more then a power of investure : but from the necessity of the times so corrupted that deanes and chapters generally were of the roman spirit , and gave little hope of good elections by themselves , besides the state of learning , and holiness , was now at the low water mark , so as little supply being looked for to begin the work of reformation from beneath , they began above , and so it proved but a weak building , for the longer time . and thus a lesson is left to future parliaments , that in cases of reformation they are not to be strictly holden to rules of law or president . secondly , the prelates hereby had their authority confirmed by act of parliament , and so were now built upon a foundation that formerly did hang onely upon a pin of power from rome : for jurisdiction without authority is but a dropsie that brings inevitable consumption in the conclusion . and thus the prelacy are inabled to hold courts without contradiction , and directed in their process who formerly had no good title to either , in that course that they held the same . thirdly , though their jurisdiction was defined by the statutes , yet in larger bounds then ever the statute-lawes formerly noted ; and in what they claimed power , they did it not altogether upon civill right , but still kept an awfull regard to their persons and powers , as under the sway of a divine donation , and therefore as in those matters to them , by the statute allowed , they did proceed in the name and under the seale of the king , so in other things of collation , institution , induction , orders , excommunication , and such like , they proceeded in and under their own name and seal ; and which was a crown to all the rest , power is still given to the arch-bishop of canterbury in cases of faculty and dispensation , to proceed under his own seal , and not the kings , as if it were a power independent upon the crown , and belonging unto the man , neither by statute , nor commission , but comming by some secret influence from the very place it self ; although in the cleare sense it is no more then a power of non obstante , in the point of obedience to the canon law , which by a statute in henry the eighths time is declared no law : but let this pass as a mole in this faire face of church government . the prelates are now become of the vicinage , probi & legales homines , they have their jurisdiction by law established , what they loose in breadth they gain in heigth and goodness of their foundation : yet their attire looks ill favoredly in queen maries eye , she will have it of the old cut again , and though cardinall poole was well seen in the roman fashion , yet when he had done all , he did no more then shape a garment to serve the present interlude , neither fit to the body nor easie to be worne , and therefore after foure or five turnes upon the stage it is thrown away . neverthelesse during the time that england was thus dancing the italian measure , prelacy in england held its own domestique garb so well , that neither poole ( being of english blood , not much distant from the crowne , and then also holding the chaire legatine , as little inferiour to the throne ) would not impose too much , nor queen mary , a woman of a stout spirit , yeeld further then she liked : by meanes whereof the prelacy looking no more to rome then the power in appeales ; and therein little more then the bare title , plaied rex all the while with the people , under colour of heresie and the canon law : which now was again made their rule ; and thus as touching their election , and jurisdiction , they were as before . for queen mary did nothing but by single repeale . but queen elizabeth being true english , both by father and mother , liking not this retreat , faced about , routed the roman fashion out of fashion ; put prelacy to its close gaurd , and received it upon capitulation , not only to mercy but favour , and so became her vicar to exercise her ecclesiasticall jurisdiction , per saltum : for it is hard to finde by what steps they gained this pitch ; henry the eighth was supream head by submission of the clergy , by resumption , and by act of parliament ; and as such , the power of bishops formerly derived from rome ceased , and henry the eighth after restored it anew , and setled the same by severall acts of parliament ; which edward the sixth confirmed with divers additionall acts of further benefit to them , as hath been already noted . but queen mary altered all by repeale of the former lawes , and so left all in remitter as before the alteration by henry the eighth , and did neither give or grant any jurisdiction to the pope . last of all com● queen elizabeth , and by repeale and resumption possessed her self of jurisdiction ecclesiastical , and granted election of bishops by conge deslire , but never granted to the bishops ordinary jurisdiction by any express act , other then permission of them to continue in their former course , notwithstanding that the foundation of their jurisdiction had been altered twice , and so it will be difficult for it to hold by prescription or custome , or any other way then by a kinde of divine right which began to be pretended ; yet to this day could never be made evident to the world. whatever the ground was , the thing is plain , that prelacy in queen elizabeths time had this honour allowed thereunto , that it was upholden by election from ecclesiasticall men , and held its jurisdiction as from it self , and in the name of the bishop as ordinary ; and the power of excommunication by a saving in the statute-law , and not by express donation ; notwithstanding the late president in the time of edward the sixth to the contrary . secondly , the rule of this jurisdiction was no lesse at large , for the canon law was determined by henry the eighth and edward the sixth , and was not revived by any act of parliament by queen mary or queen elizabeth , who neither pursued the medium of the thirty two commissioners , nor setled other rule , but a few canons , which ( after some time ) by queen elizabeth and her clergy were agreed upon , but never confirmed by act of parliament : and so could never bind the subject , and which in generall set forth a kind of forme of church policy , yet no fashion of jurisdiction or rule of proceedings in the ecclesiastical courts , but in such cases left them to the canon law which was hidden in their own breasts , and could be made strait or wide as they pleased . thirdly , their censures now grew more sharp ; for whereas at the utmost formerly they could do no more but imprison , or deliver over to the secular power , and that onely in case of heresie , and yet had scarce ground of law for what they did ; now they have an additional power , to fine and imprison in cases of inferior nature , and so can reach all that a man hath , even to his skin ; nevertheless this was not annexed unto the ordinary jurisdiction , but given by extraordinary commission , called the high commission , wherein , though many others were named , yet the clergy and canonists did the work , the rest being but in nature of a reserve to them , in case they were put to the rout. the power of these commissioners was to execute the queens jurisdiction in causes ecclesiastical , so as the bishops are doubly interested in this work ; one way , by supposed commission from god , as ordinaries within their own diocess onely , and so may proceed to excommunication or deprivation ; the other way , by commission from the queen , as members of the high commission ( for so many of them were such as the crown would please ) and so they might fine and imprison . they might and did , i say , by their commission , but not by the statute that gives authority thereto , and therefore cannot be said to be done legally . fourthly , besides the contracted power of making canons in the convocation by the power of the royall assent ; the queen had a power of making laws by their consent , in matters of the criminal part of the worship of god. this might be tolerable for the life of one queen , who might be presumed , would ( if she lived a few years ) settle all things ; but to subject the consciences of all the people to the opinion of one metropolitan , that might opinionate strange things , and that the successors of the queen should usurp this as a flower of the crown , to determine what is for gods glory in such cases , and to be always altering and patching up a form , as he and his metropolitan , or one of them alone shall think meet , is neither commendable upon any grounds of divinity or humane policy . now amidst the flourishing estate of prelacy , it s no wonder if ▪ the churches be no gainers , but like plants spending their natures in luxurient branches , either are over-turned by the next blast of winde , or do wither upon the least change of sky : that the whole ordering of the church affairs rested originally in the parliament , no man can question , considering what ever the queen did , or had therein , was from the power of acts of parliament . and that the power of excommunication it self , notwithstanding that the church held it by way of reservation or saving , and not by donation from the parliament by any express act , yet was that saving with such limitations , as that it releived but a lame power in comparison of what it claimed , and exercised in former times ; for whereas formerly the church-men had the writ , de excommunicato capiendo , at their own beck ; now it will not come but upon articles and certain conditions . . in cases of heresie . . of deserting of the sacrament . . deserting of publique worship . . maintenance of error . . incontinency . . usury . . simony . . perjury . . idolatry . in other matters the spirtual sword must finde or make their own way , or else be quiet . secondly , the church was now no less under the chair and throne , then under power of the parliament ; nor is it a wonder if it could not thrive when it was so over-dropped : for prelacy by the kings arms is lifted up so high above the other clergy , that the rest of the clergy are as much underlings to the prelacy , as the prelates are to the king : they dare not offend the crown , least they should loose their honors , nor the inferiour clergy them , least they should loose their livings and liberties ; and so the prelates speak the sense of the clergy , and make the crown their oracle . thus in the church matters the crown is all in all . chap. xxxviii . of the militia in these later times . it cannot be denied , but as in the sober government of this nation , there is a supremacy of command , so also in the rudest times of war ; and wheresoever the same is settled , there must the militia also be . the word militia is a general notion , sufficient enough for a name or title , but not to define the thing , i take it for nothing else , but the government of the common-wealth when it is in anger , or war , or in order thereunto . it consisteth in the raising , arming , ordering , and paying of the souldiery . the title of the supreme power in all this work hath been of late put to the question , and brought us to this sad condition of triall by battail , and by fighting , to finde out who hath the chief power to fight : a lesson that might have been learned from former generations foregoing , at a far cheaper rate , when england is well in its wits . where the law of peace is settled , there also is the law of war ; and in what condition the crown standeth , in relation to the legislative power , in time of peace , may be seen in the foregoing discourse . in war he is the peoples general by his place ; yet if any impediment do befall , either by natural disabilities , or civil , to render the person incapable of the managing of the service , there is no question but the people may order the matter as they please . examples hereof these times are full , wherein we have a childe , a virgin , and a married woman to sway the work , all of them in a very unmeet condition for such a trust , and yet by the help they had , they managed it well enough . the power of him as king or general in the army , is all one ; but before it is imbodied , as a king onely , he may do some things in order thereto , according to the law and custome of the nation ; yet this fals under a double consideration of the time and occasion . in the recess of the parliament , he is the first mover , and ought to move by the advice of his councel , if occasion do provoke to arms ; but if the same befall the parlaiment then sitting , no history or record do mention that ever he moved but by their concurrent advice and direction . the occasion either provoketh offensive or defensive war with other nations , or with the people of his own nation , in the case of insurrection . examples of war with other nations , that may be called offensive wars : we have but two , one in edward the sixths time with scotland , and which was but in pursuance of a war begun by his father , and wherein the kingdom stood ingaged , in a case that concerned the publique good and safety , viz. the marriage of their king refused after promise made . the other was in the time of queen mary with the french , which somewhat reflected also upon the publique safety , but more upon the dishonor of the same . in none of these did either of the supreme powers array or raise men by prerogative , but onely such as were volunteir in that work. and because the people were ill principled in edward the sixths time , in regard of the change of religion , he was induced to hire forrain aid out of germany . the wars in the time of queen elizabeth were in order to the defence of this nation , being ever under a malignant aspect from abroad , especially from spain , in ireland , france , and the low countries ; yet were these wars served onely by volunteirs , nor did any commission give power of impresting men to serve against their wils , in any expedition made to any of those places , as the commissions upon record do testifie . if any levies of men were otherwise made , or compulsory means used for such ends , they are to be reckoned up amongst the errata , whereof the parliament took no notice , in regard it saw the ends and issues of such reflexions in government to be succesfull and honorable , and that all was done by councel , and a woman popularly affected , and therefore less feared invasion upon their liberties ; or otherwise they are to be imputed to the condition of those places , being members of the common-wealth ; as the cautionary townes in the low countries , and the irish plantations were , and so befall under another consideration of a defensive war in case of invasion and common danger therby , or by intestine broils , during which condition , as it is the kings duty to levy and array men , so is it the duty of the people to be ready to assist one another in all such exegencies , and to defend the publique liberty , nevertheless these arrays are not left wholly at the will of the king , but to discretion of the councell , how far the same shall extend : for never were generall arrayes made , where but one coast was in danger , and where no conquest is in pretence , but only piracy or plunder . but if the disease were generall , as it was in the yeare . the array was generall , and yet it was of none , but those that were of the trained bands , besides such as were volunteir . secondly , the arming of these men was also diversly , there was no generall rule or law for the arming of men since the times of edward the first to the time of queen mary , but the statute at winton ; the course of tenures , i mean of such men as were of the militia of this kingdom : so as when they were raised , they were raised in their own armes : but for such men as passed the seas for forrain service , as they were volunteirs , or sent over by the parliament these were armed acccording to speciall contract . but queen mary having gotten a safe reserve from spaine upon all adventures , and a strong interest amongst the people , by upholding the catholique party , made no bones to innovate in the point of arming of the militia , although it cost the people much more then was imposed upon their ancestors . the pattern hereof was taken from the spanish cabinet , the q. being loth to be inferior to her own husband , in bringing as much strength to him as he to her , and both of them willing enough to appeare potent in the eyes of france that then stood in competition with them both : a yoke it was , yet neither the king nor queens will , but the parliament put it on and ere an age expired was cast off again : for the better understanding , see it in this scheme . per annum . lances . light horse corslets . bowes . hacquebuts bills . . l. . . . . . . . marks . . . . . . . . l. . . . . .   . l. . . . . .   . l.   . . . .   . marks .   . . . .   . l.     . . .   . l.     . . .   . l.     a coate of plate . . .   . l.     a coate of plate . .   . goods . . marks . . . . . .   . l.   . . . .   . l.     . . .   . l.     . .     . l.     two coats of plate . .   . . l.     one coate of plate . .   . . l.       .   . the lances were to be compleatly harnised , or the one half of them , the corcellets furnished ▪ with coates of maile and pikes : the bowes with an iron cap and a sheaf of arrowes . the hackbuts with sallets ; all which was to be over and besides such armes as men were bound unto by tenure , or covenant with the landlord , or by vertue of the statute h. . ca. . besides town-ships which were charged with joint armes ; annuities and coppy-holds were charged as goods . if the armes were lost in the service the owner must make them good again : the defaults were punishable with fine by the justices of the peace , who had the view , and might present them at the sessions to be procceded upon as in other cases . here is provision enough , yet not as the armes of the militia of the kingdom , but as a magazine in the hands of every particular man , and as his proper goods , to be imployed for the publique service , either upon sudden invasion in a defensive warr , or when the parliament shall send them abroad . and yet it is also a rule unto the crown against arbitrary assessments upon discretion , from which it cannot recede if it mean to do right . it might now very well stand with the justice of queen elizabeth , to grant commissions of array , secundum formam statutorum , and do hurt to no man ; its true , her commissions of lord lievtenancy wanted that limitation in words , yet they carried the sense , for if the crown were bound by the law , the lord leivtenants were much rather , but the danger arose after the death of queen elizabeth ; for when king james came to the crown , under colour of pleasing the people , and easing them of a burthen , he pleased himself more , and made the yoke upon the people much more heavy in the conclusion ; for where no declared law is , there the discretion of them that have the care lying upon them must be the rule ; & thus came the scottish blood to have pretentions to a greater prerogative then all their predecessors had , upon this supposal that the statute of queen mary took away all former lawes of that kinde , and then the taking away of the statute of q. mary takes away all declared law as to that point : but more truly it may be inferred , that if all statute-laws be taken away , then the rule of tenures at the common law must remain in force and no other . nevertheless this statute of queen mary , though in force for the present , was not a generall rule for armes in all places of this nation ; for the marches of scotland were a peculier jurisdiction as to this point . they stood in more constant need of armes then any other part of this nation , in regard of their uncertain condition , in relation to their neighbouring jurisdiction , and therfore were the farmes of these parts generally contracted for , upon a speciall reservation of armes for each particular , which being now decaied are , again reduced by queen elizabeth to their ancient condition in the time of henry the eighth . a second thing which may come under this generall consideration of arming , is , the arming of places , by making of forts and castles ; which was not in the immediate determinate will of the crown to order as it pleased , for though they may seem to be meanes of peace and present safety , yet they are symptomes of warr , and in the best times are looked upon with a jealous eye , especially such as are not bordering upon the coasts : because that prince that buildeth castles within the land is supposed to feare the neighbourhood . this was more especially regarded in the dayes of phillip and mary : for when that marriage was to be solemnized , it was one of the articles to provide for the safety of such forts and castles , as then were maintained , to the end they might be preserved free from usurpation , for the use , profit , strength , and defence of the realme ; onely by the naturall borne of the same . and afterwards when occasion was offered , for the building of more of that nature ; a new power is given to king phillip ; and queen mary , to re-edifie or make forts and castles , which must be executed by commission to the legies for ten years , and only within the counties bordering upon scotland , and these perticularly named in the statute , so as the crown had not power to build in all places , nor to any end they pleased , nor to place therein , or betrust the same to whom it would . nor yet had edward the sixth that absolute power , although not ingaged in forrain interests , as his sister mary was ; and therefore whereas castellanes had been made for life , by patent , and so the absolute power of the crown was barred in the free disposal of the same during such time . the parliament gave the king power to remove such as were not liked , or thought faithfull to the publique interest , although they gave no cause of seisure by any disloyal act . the like also may be observed of the ships and ordnance ; for they also do belong to the state , as the jewels of the crown , and therefore upon the marriage of queen mary , they also are by articles preserved and saved , for the use , profit , strength , and defence of the realm , by the natural born of the same . thirdly , as touching the ordering of the souldiery , the matter is not much to be insisted upon , for little doubt is to be made , but that power that raiseth them also ordereth them to the same ends that they are raised : and therefore as the sole power of the crown doth not the one , so neither doth it the other , but in cases formerly mentioned ; and yet in no case , though the war b be never so absolutely defensive , and the souldiers raised by the kings own and onely power ; yet hath not the king absolute authority , and arbitrary power , in the ordering of them when they are raised , but he must so behave himself to them , as to free-men , according to laws made by themselves in their representative in parliament , and therefore are particular laws made to that end , against undue levying and discharging of souldiers , and defaults in paying of them ; as also against the souldiers departing from their service without licence , or wasting their arms , and such as wilfully absent themselves from musters ; as also for the preserving the castles forts , ships , and munition for war , from being with-holden from their due use , or from burning or destroying . lastly , as touching the charge of the war , and pay of the souldies . it s evident , that in all offensive wars the souldier was paid by the crown , although they might be said in some manner to be in order to the defence and safety of the nation ; nevertheless where the same was so apparent to the people , it was the common course in these times to have often parliaments , and often subsidies , which were no less in a good measure satisfactory to the crown for the charges of the war , then testimonies of the peoples good acceptance of the government of affairs , and so accepted at their hands : the particular records will warrant all this . for of all the wars in these times ( that of . excepted ) not any of them were ever managed at the peoples charge by contribution , but by retribution . so happy were these times , wherein the people looking upon the crown , as under a kinde of infirmity of childhood or womanhood , did therefore bear a kinde of compassionate regard thereunto , without jealousie at prerogative , could condiscend and allow the crown its full grains , and somewhat more , yea more then was meet for some other princes to desire , or the people to give up ; and yet more happy were they , wherein the crown knew no interest but in dependence upon the people good , and so understanding were rightly understood . chap. xxxix . of the peace . it is but little that can be said of peace in these times , wherein so little freedom was found from forrain pretentions , and intestine irregularities , or both ; and yet the people were never more resolved against the former , nor secure against the later , and had god to friend in all . but most apparently was this observable in the times of queen elizabeth , whose government took up four parts of five of these times , whereof we now treat . she was a compleat conquerour of war and treason , and therein the true inheritor of the fate of her grand-father henry the seventh , with advantage , for she out-faced all dangers by her onely presence , having therof had more experience then any princes that ever possessed her throne ; yet she was wise enough to beware against the future ; considering her condition to be the last of her line ; that the next behinde her was rather likely to trip up her heels then support her train ; that the pope narrowly watched every opportunity ; the distance between him and the throne , being no greater then the breadth of her onely person . it may well therefore admit of excuse , if the statute of the . of edward the third , concerning treasons did not give satisfaction , although therein if she were solicitous , her subjects were more . some kindes of offences were made treason by statute-laws , which formerly appeared not such , because they appeared not at all ; and yet in the opinion of her people the queen was too slack in the making , and more slack in the execution of them . the people had ingaged themselves deeply against the queen of scots , and it was not safe for them to go back ; they go yet deeper , and without any positive authority , leading the way , they enter into an association amongst themselves , for the queens safety ; and it was well liked by the queen , because she knew it was well meant , although by some it was mistaken ; nevertheless to take away all exception , a law is made in pursuance thereof , and so the work is reduced under an ordinary rate , though the publique danger was such , as might well have digested an extraordinary undertaking . i intend not to enter into the particulars of these treasons of the new stamp , because they are but temporary , and in their ultimate reach tend onely to the safeguard of the queens person , in order to the intentionary sense of the statute of . edw. . although not within the explicit words of that law. onely this is observable , that though the times were full of malice , yet was not all malice looked upon as fatal , nor every expression thereof treason , or privity thereto treason ( although the crown it self was not a little concerned therein ) but reduced to an inferiour degree , called misprision , as if they were willing rather to construe undertakings for mistakings , and thereby overlook much of the malignity of those times , then to make strict inquisition into every punctilio of offence . as touching felony , the rules were various ; some were of a new original , as that of gipsies ; others formerly such , afterwards said aside , are now revived with advantage , as conjuration , and buggery : but imbessellings by servants of their masters goods , made felony for a time by edward the sixth , is by queen elizabeth made perpetual . some felonies are made such within a certain precinct , as men-stealers , and other crimes upon the scottish borders . others formerly made felony are now unmade , as that concerning prophesies , and divers formerly protected under the refuge of clergy , are now barred of that reserve . such as are those that command councel , or hire others to commit pettie treason , murder , or robbery , & phil. & mar. cap. . stealers of horses , geldings , or mares , e. . cap. . robbers of houses , booth , or tent , by day or night , e. . cap. . pick-pockets , or cut-purses , eliz. cap. . and women-stealers , eliz. cap. . and some crimes made felony impeachable , onely within a certain time , and not upon a cool suite ; so as upon the whole heap of the account , the zeal of the times will appear to be more hot , by how much iniquity appeared more hainous , and that wicked men waxed worse as the times waxed better . more particulars of this nature , and of other offences of inferior note might be superadded ; as also of laws , of alteration and amendment of process and triall , and of common assurance and conveyance of estates , of particular revenue ; all which might be insisted upon , if need were , to clear out yet further the conclusion of the whole matter , which i hasten to accomplish , led on by a natural motion , that grows in speed the nigher it comes to its end . chap. xl. a summary conclusion upon the whole matter . in the stating of this whole account ; i shall first glance upon the naturall constitution of the people of england , and then gather up the scattered notions into one form , because the one doth not a little illustrate the other , and shew the same to be radicall and not by any forced inoculation . the people are of a middle temper according to their climate : the northern melancholly , and the southern choller , meeting in their generall constitution doth render them ingenious and active ; which nourished also under the wings of liberty , inspires a courage generous and not soon out of breath . active they are , and so nigh to pure act that nothing hurts them more then much quiet ; of which they had little experience , from their first transmigration till the time of king james ; but ever were at work either in building ( as before the norman times ) or after in repairing their ruines , occasioned by tempestous pretentions from rome , and forrain princes , or by earth-quakes of civill contention about the title between the two houses of yorke and lancaster , or intrenchments of the crown upon the liberty of the people . but king james conquering all enmity , spake peace abroad and sang lullaby at home : yet like a dead calm in a hot spring , treasured up in store sad distempers against a back winter . their ingenuity will not allow them to be excellent at the cheat ; but are rather subject in that kinde to take then give : and supposing others as open hearted as themselves , are many times in treaties overmatched by them whom they overmatch in armes . upon the same account they are neither imperous over those beneath , nor stubborn against them above ; but can wel discern both person and time . man , woman , or child , all is one with them , they will honor majesty where ever they see it . and of the twain tender it more when they see it set upon infirmity : as if they knew how to command themselves only in order to the publique good . nevertheless they love much to be free , when they were under awe of the popes curse , they bore off designes by the head and shoulders ; but afterwards , by watchfullnesse , and fore-sight ; and having attained a light in religion that will own their liberties , of them both they make up one garland not to be touched by any rude hand , but as if it were the bird of the eye the whole body startles forthwith , the allarme is soon given and taken , and whether high or low none are spared that stand in their way . this they do owe to the easterne people , from whom they fetch their pedegree . so as the only way to conquer them is to let them have their liberties , for like some horses , they are good for carriage , so long as their burthens are easy and sit loose upon them , but if too close girt they will break all , or cast their load , or dy . and therfore q. elizabeth gained much to the crown by faire carriage , good words , and cleanly conveyance , which was not soon discoverd nor easily parted with . but henry the eighth by heighth of spirit and great noise , and therefore was no sooner off the stage but what was gotten by the snatch was lost by the catch , and things soon returned into their ancient posture again . the first government of the people before their departure out of germany , was in the two states of lords and commons . the clergy came not into pomp , and power , till austins time , and soon came to the heighth of a third state appendent to the former , and so continued till henry the eighths time ; then they began to decay in power , and in queen elizabeths time utterly lost the same , and so they can no longer be called a state although they still keep state . the two states of lords and commons in their transmigration , being then in the nature of an army of souldiers , had a generall by their election , under whom after they had obtained a peaceable setling , they named anew by the name of konning , or the wise man , for then was wisdome more necessary then valour . but after the clergy had won the day , and this konning had submitted himself and his people to their ghostly father , they baptized him by a new name of rex , and so he is stiled in all written monuments which we owe only to ecclesiasticks ; although the vulgar held their appellation still , which by contraction , or rather corruption , did at length arive into the word king ; a notion which as often changeth the sense as the aire : some making the person all in all , others some in all , and some nothing at al but a complement of state. the clergy gave him his title in the first sense , and are willing he should have a power over the estates in order to their designe , which then was to rule the king and by him all his people , he doing what be listeth with them , and the clergy the like with him . the saxons take the word in the second sense , for though they had put upon the common-wealth one head , and on that head one crown , yet unto that head did belong many eyes and many braines , and nothing being done but by the common sense ; a power is left to him much like to that of the outward members , executory . in time of war , how unruly soever the humors be , yet must the law be his rule ; he cannot ingage the people either to make , continue , or determin , any offensive war , without their consent ; nor compell them to arme themselves , nor command them out of their counties for war , nor impose military charge upon them against their free consent , or contrary to the known law. in calmer times much rather , he can neither make new law nor alter the old ; form new judicatories , writs , process , judgments , or new executions , nor inable or disable any conveyances of estates . he may seem possessed of more power in church government , yet de jure , can neither make nor alter doctrine , or worship , or government in the church : nor grant dispensations , or licences ecclesiastical ; nor commissions of jurisdiction other then according to the law. and as a close to all , by one oath taken at the coronation he not onely giveth to the people security of the peace and good behaviour , but beareth witness that he oweth allegiance both to the law and the people , different from that of the peoples in this , that the kings allegiance is due to the law , that is originally from the peoples election , but the peoples to the king , under a law of their own framing . this leadeth on the consideration of a higher degree of power then that of kings : for though law as touching morallity in the generall be of heavenly birth ; yet the positive lawes arising from common prudence concerning the honour , peace , and profit , of every nation ; are formed by humane constitution , and are therefore called honesta , or justa , because by common vote they are so esteemed , and not because any one man supposeth them to be such . the words of the summons to the parliament doth hold for this , quae de communi consilio ordinari contigerint , and the words in the coronation oath , quos vulgus elegerit , do speak no less , whether they be taken in the preterperfect tence or future tence , the conclusion will be the same : true it is that in all , kings are supposed as present ; yet is not that valuable in the point of councell , which is the foundation of the positive law. for as the best things under heaven are subject to infirmity ; so kings either short or beyond in age , or wit , or possibly given over to their lusts , or sick , or absent , ( in all which the name of a king adds little more to the law then a sound ) yet all the while the government is maintained with as much honour and power as under the most wise and well disposed king that ever blessed the throne . this is done in the convention of states , which in the first times consisted rather of individuals rather then specificalls . the great men doubtless did many things even before they saw the english shore ; that tacitus noteth , yet in the publike convention of all , did nothing alone til of one house they became two . the particular time of the seperation is uncertain , and the occasion more : it may be the great lords thought the mysteries of state too sacred to be debated before the vulgar , least they should grow into curiosity : possibly also might the commons in their debates wish the great men absent that themselves might more freely vote without angering their great lords : nevertheless the royall assent is ever given in the joynt convention of all , but how a double negative should rest in the house of lords , one originally in themselves , the other in the sole person of the king , when as in no case is any negative found upon record , but a modest waving to answer of such things as the king likes not , is to me a mystery , if it be not cleared by usurpation : for it is beyond reach , why that which is once by the representative of the people determined to be honestum , should de dis-determined by one or a few , whose councells are for the most part but notionary , and grounded upon private inconveniences , and not upon experimentalls of most publique concernment ; or that the vent or soit fait , which formerly held the roome onely of a manifesto of the regall will to execute the law then made ( as his coronation oath to execute all lawes formerly established ) should now be taken to be a determination of the justnesse or honesty of the thing : when as this royall assent is many times given by a king that knowes no difference between good and evill , and is never competent judge in matters that in his opinion do fall into contradistinction between his own private interest and the benefit of the people . however unequall it may seem , yet both that and other advantages were gained by the house of lords after the seperation was once made , as many of the ancient statutes ( by them only made ) do sufficiently hold forth , which although in the generall do concern matters of judicature , wherin the lords originally had the greatest share , yet other things also escaped the commons vote which in after ages they recovered into their consideration again . and the condition of the people in those times did principally conduce hereunto : for untill the norman times were somwhat settled , the former ages had ever been uncertain , in the changes between war and peace , which maintained the distance between the lords and their tenants , and the authority of the one over the other , savouring of the more absolute command in war. and after that the sword was turned into the plough-share , the distance is established by compact of tenure by service , under perill of default , although in a different degree ; for the service of a knight , as more eminent in war , so in peace it raised the minde to regard of publique peace : but the service of the plough supporting all , is underneath all , yet still under the common condition of free men equally as the knight . peace now had scarcely exceeded its minority before it brought forth the unhappy birth of ambition ; kings would be more absolute , and lords more lordly ; the commons left far behinde seldom come into mention amongst the publique acts of state , and as uselesse set aside ; this was the lowest ebb that ever the commonage of england indured , which continued till ambition brought on contention amongst the great men , and thence the barons warrs , wherein the commons parting asunder , some holding for the king , who promised them liberty from their lords ; others siding with the lords , who promisied them liberty from the king ; they became so minded of their liberties , that in the conclusion they come off upon better advantage for their liberties then either king or lords , who all were loosers before their reckoning was fully made . these wars had by experience made the king sensible of the smart of the lords great interest with the people , and pointed him to the pin upon which the same did hang ; to take which away , a designe is contrived to advance the value of the commoners , and to levell the peerage , that they both may draw in one equall yoke the chariot of prerogative . the power of the commons in publique councells was of some efficacy but not much honour , for their meetings were tumultuary ; time brought forth a cure hereof , the flowers of the people are by election sent to the representative ; and so the lords are matched if not over-matched , the people lesse admiring the lords , and more regarding themselves . this was but a dazle , an eclips ensues ; for kings having duely eyed the nature of tenures between the lords and commons , look upon it as an out-work or block-house in their way of approach : their next endeavour is therefore to gain the knighthood of england within the compass of their own fee , and so by priority to have their service as often as need should require , by a trick in law ; as well for their own safety in time of war , as for their benefit in time of peace : this was a work of a continuing nature , and commended to successors to accomplish by degrees , that the whole knighthood of england is become no more the lords till kings be first served ; and thus the power of the people is wholly devolved into the kings command , and the lords must now stand alone , having no other foundation then the affections of the people gained by beneficense of neighbourhood , and ordinary society , which commonly ingratiates the inferiour rank of men to those of higher degree , especially such of them as affect to be popular . henry the seventh found out this sore , and taught his successors the way to avoid that occasion of jealousy , by calling up such considerable men to attend the court , without other wage but fruitlesse hopes ; or under colour of honour to be had by kings from the presence of such great men , in their great traines ; or of other service of speciall note to be done onely by men of so high accomplishment . and by this meanes lordship , once bringing therewith both authority and power unto kings , before kings grew jealous of their greatness , in these later dayes is become a meer jelly , and neither able to serve the interest of kings ( if the people should bestir themselves ) nor their own any longer : henceforth the commons of england are no mean persons , and their representative of such concernment , as if kings will have them to observe him , he must serve them with their liberties and lawes ; and every one the publique good of the people : no mans work is beneath , no mans above it , the best honour of the kings work is to be , nobilis servitus ( as antigonus said to his son ) or in plain english , supreame service above all and to the whole . i now conclude , as i found this nation a common-wealth , so i leave it , and so may it be for ever ; and so will it be , if we may attain the happinesse of our fore-fathers the ancient saxons , quilibet contentus sorte propria . a table of the principall matters conteined in this book . a a betting of felony made felony . administration granted to the next of the kindred . admirals power from the parliament , . formerly under many , brought into one , . once gained jurisdiction to the high water-mark , . and his power regulated by law , ibid. over sea-men , ports , and ships . allegiance according to law , . vide supremacy , the nature thereof in general , . its not natural , , . not absolute or indefinite , . not to the king in his natural capacity , . it obligeth not the people to serve in forrain war , ● . it is due to the person of the king for the time being , , . what it is in time of war , and relation thereunto , . henry the seventh , and henry the eighth indeavoured to advance it in relation to the crown , but effected it not , . appeals in cases ecclesiastical restrained from rome , and given in the kings case to the convocation and in the cases of the people , the archbishop afterwards to the delegates , and were never setled in the crown , . vide archbishop . archbishop hath the lawfull power of the pope in appeals , and dispensations , licenses , and faculties , . the archbishop of york looseth his jurisdiction over the scottish bishops . arrays , commission of array , , vide war. assent of the king to acts of parliament , serveth onely to the execution of the law , and not to the making thereof association of the people for the common safety , before the statute inabling the same , b. bastardy , not to be determined by the ordinary before summons to the pretendors of title to be heard . bench , the kings bench at westminster abated in power by the commissions of oyer and terminer , and gaol delivery . , benevolence , first used by edward the fourth , . taken away by richard the third , . taken up again by henry the seventh . bishops , not impeachable before the civil magistrate , . their temporalties to be neither seised nor wasted in the vacancy , . vide ordinary . buggery made felony . c. canons , their power anciently in debate , . such as are not according to the law are taken away . castles and gaols restored to the county , . vide forts and fortifications . chancery , once an office , afterwards a court , . the power grows by act of parliament , , . the manner of the proceedings , . keeper of the great seal increaseth in power . chancellor elected by the parliament . cheshire made a principality . children carried into cloisters remedied . clergy , priviledged from arrest , . discharged of purveyance and free quarter , . their temporalties in question , . the commons love not their persons , . their first declining from rome in the matter of provisors , . they gain free process in matters ecclesiastical , . their defection from rome , and submission to the crown . clergy upon triall but once allowed , . in some cases disallowed . , commissioners ecclsiastical , . high commission . ibid. conjuration , vide witchcraft . conservators of the truce . constables court , vid. marshals court. convocation established by parliament , . it then undertook great matters , but much more after the clergies forsaking the pope . councels , the privy councel ordered by parliament , , , . of use for suddain motions , . their oath , . and jurisdiction , . and power . magnum concilium , or the grand councel of lords . crown intitled not by discent , , . but intailed , . vide . womanhood , . coverture . custos regni , a formality of state under the parliaments order , . many times conferred upon children , . and upon a woman . d. delegates , though named by the king , yet by authority of the parliament . defender of the faith , dispensations , licenses and faculties , never in the crown , but by the parliament given to the archbishop under limitations . , duels , ordered by the martiall as subservient to the common law. e. edward the third his reign , . his title upon entry by election . ibid. edward the fourth his reign , though had title of inheritance , yet entred by election . edward the fifth approached the crown by inheritance , but never put it on . edward the sixth his reign , his title , and possession did meet , though he was a childe , and his sister mary grown in age . ecclesiastical power , vide prelacy and prelates . elizabeth queen , her reign , . her title by election . englishire taken away . episcopacy , vide prelates and prelacy . errors , vide heresie . exchange ordered by the statute . excommunication , . the writ de excommunicato capiendo ordered , . vide parliament exportation . f. false news punished . felony by riding in armed troops . , , , , first-fruits regulated , . taken away from rome . forcible entries . forts , fortificacations , and castles , ordered by parliament . , g. gaol-delivery by the judges of the benches , , . vide judges . gaols regulated . , guard for the kings person brought in by henry the seventh . gipsies made felons . h. henry the fourth his reign , doubtfull in his title , but rested upon election , chosen by parliament , sitting when there was no king. , &c. henry the fifth his reign , his title by an intail , by the parliament . , &c. henry the sixth his reign , his title by the intail last mentioned , though a childe , he is admitted to the crown . , &c. henry the seventh first settled a constant guard , his sixfold right to the crown , and his gaining prerogative in the person and estates of the people , ibid. , &c. henry the eighth his natural endowments , , &c. his power in the matters ecclesiastical , , &c. in tempoporals . , &c. h. heresie and error in doctrine under the cognisance of the civil magistrate , , . not punishable by death by law till henry the eighths time , , . the writ de heretico comburendo hath no legal ground in any of those former times , , , , , . honors , vide parliament . hospitals visited by the prelacy . i. importation . judges of assize . , jurisdiction ecclesiastical not originally in the prelacy , nor absolutely . justices of the peace , their residency and quality , their number various , their work also , , . one justice , . and the settling of their sessions , ibid. their power to take bail. k. kings , vide parliament , allegiance , supremacy , militia . l. labourers , their work and wages , . ordered by the justices of the peace . lancaster , the princes of that house freinds to the clergy in policy . laws made by the successors of henry the eighth , during their minority annulled , . ecclesiastical laws , vide parliament . leiges by birth , though not born within the allegiance of england . liveries and tokens inhibited to the lords , , . and limited in the kings person , . means of jealousie between the king and his people . libels in the spiritual court to be delivered in copies upon demand . licenses , vide dispensations . lords , their power and jurisdiction in the parliament , . in councel . , lunacy , no impediment in triall of treason . m. mary queen , her reign , . her title by election , . she prejudiced her supremacy by marriage . marque and reprisal . martials court. matrimonial causes after the reformation by henry the eighth , in the cognisance of the clergie by leave . militia , , , , vide war. mint , , . vide parliament . monastries dissolved , maintained by henry the fourth . money out of england to rome stopped . n. navy royall , as forts for the publique safety maintained at the publique charge . nisi prius . non-residency . noble ladies triall . o. oyer & terminer . , ordinary not to be questioned in the civil courts for things under ecclesiastical jurisdiction , , . hath cognisances , of vsury , . of avoidances , bigamy , and bastardy , . grant administration , . visit hospitals , and call executors to account , . hath power to fine and imprison , , . to keep courts , but the authority doubtfull , . have cognisance of the heresie , . matrimony , non-residency , . in queen elizabeths time their jurisdiction left in doubt , , &c. oath ex officio first brought in by the church-men in matters ecclesiastical , . afterwards by the parliament into the star-chamber , in cases criminal . p. pardon of crimes not absolutely in the king. parliament without the king consisting of three states , . without the clergie . parliaments power in ordering of the crown , , ; in ordering the kings person by protectors , . vide protector . in ordering their children . in ordering their family . , in ordering their revenues . , , in ordering their councel . in the militia , vide militia and war. in conferring places of honor and trust . , in ordering the mint , vide mint . in making ecclesiastical laws . concerning church-government . , &c. , concerning doctrine . , , , &c. concerning worship . concerning church-censures - in granting licenses and dispensations . in final appeals . in ordering it self . , in judicature . , parliament not inconstant , though mutable . peace , justices and their sessions . , &c. , &c. , &c. , &c. penal laws executed to get money . , pleadings in english . popes power in england abated , , &c. vide ordinary , supremacy , arch-bishop . prelacy not favoured by the canon , . their power since the time of queen mary , . their dignity and power distinguished . , preists wages . , praemunire and provisors . , , &c. proclamations made equal to laws , . altered , . protectors , variety of them makes a doubtfull government . , , purveyance regulated . , r. ravishment consented to , forfeits jointure . requests court established by cardinal woolsey . richard the second his reign , . endeavours to over-rule the parliament , but failed in the conclusion . richard the thirds reign , . his title by vsurpation , and murder . ibid. riots . s. sanctuaries changed into fewer priviledged places . servants imbesselling felony . , sheriffs courts regulated , . election of sheriffs , . farm of the county , . continuance in service , ibid. extortion . ibid. souldiers , vide war. staple . ● , &c. ● star-chamber . , &c. stealers of men and women felony . supremacy , supreme head , . certainly not absolute or arbitrary power , nor a legislative power , , &c. supreme governour , . in causes ecclesiastical , , &c. in temporal . ibid. t. tenths and first-fruits . torniament . tonnage and poundage . trade . , treason , . &c. by thoughts , by marriage , and counterfeiture , , . tryed where the king will , . petty treason , . w. wales subdued by henry the fourth , . vnited to the english crowne by henry the eighth . warr by advice of parliament , , . levying of men , , , , . jurati & obligati ad arma , taken away , . arming of men , , . conduct to their rendezvous , . runing from their colours , , , . plunder satisfied , . their pay , . , . offensive and defensive , . watches , inquired into by justices of the peace , . wickleif , . wills probate , . witchcraft made felony , , . finis . notes, typically marginal, from the original text notes for div a -e pag. . concil . britt . pag. . ibid. pa. . ibid. pa. . . pag. . pag. . pag. . concil . brit. pag. . concil . brit. pag. . concil . brit. pag. . concil . brit. pag. . concil . britt ▪ pag. . pag. . pag. . pag. . mr. seldens title of honor. tit. honor , pag. . tit. honor , pag. . littlet . lib. . cap. . britt . pa. . notes for div a -e antiq. brit. rich. . the. lib. . cap. . hist . eccles . ang. antiq. brit. ● . . rich. . n. . . . rich. . cap. . . rich. . cap. . e. . stat. . rich. . n. . rich. . n. . rich. . n. , . kich . . n. . rich. . n. . or . . e. . n. . e. . n. . r. . n. . e. . n. . e. . cap. . e. . n. . e. . vet . . rich. . n. . e. . provisor . e. . n. . rich. . n. . rich. . n. . e. . n. , . . e. . ver. . e. . cap. . rich. . n. . . . . rich. . n. . . . . e. . cap. . e. . c. . e. . cap. . rich. . sr. . cap. . rich. . n. . . rich. . n. . e. . n. . e. . n. . rich. . n. ● rich. . n. . rich. . n. , . . rich. . n. . e. . n. . rich. . n. . rich. . n. . e. . c. . antiq. britt . eccles . e. . . e. . c. . e. . c. , . e. . cap. . walsing : an. . e. . cap. . e. . c. . rich. . c. . rich. . cap. . . e. . memb. . in dors . e. . stat. e. . cap. . mag. cart. vet. . ass . pl. . e. . rat. clau● . rich. . memb. . in dors . fleta , li. . cap. . e. . rot. pat. ps . . memb. . e. . ps . . m. . . e. . rot. claus . memb. . in dors . rich. . rot. pat. ps . . rich. . cap. ● . . ass . pl. . co. instit . . c. . ass . pl. . rich. . . tit. prohibition . e. . cap. . e. . c. . e. . c. , . e. . c. . & . rich. . n. . fabian . vit. hen. . ann . . . ass . pl. . . ass . pl. . miror . cap. . sect. . fleta . lib. . cap. . fleta , lib. . cap. . sect. . instit . . c. . fol. . e. . cap. . e. . cap. . e. . cap. . e. . cap. . . e. . c. . & cap. . rich. . c. . e. . c. . ass . pl. . bro. scire fac . . e. . . ass . pl. . , e. . pl. . e. . fo . . e. . fo . . . ass . pl. . e. . cap. . ed. . c. . rich. . cap. . ass . pl. . e. . n. . . e. . c. . rich. . n. . . instit . . cap. . fol. . & . gloss . fol. . rich. . c. . dier . . & . el. mic . pl. . e. . coronn . . rich. . cap. . rich. . cap. . rich. . cap. . rich. . cap. . e. . stat. . e. . cap. . ass . pl. . e. . . fus . consultat . . e. cap. . e. . stat. . cap. . e. . c. . miror . just . cap. . sect. . h. . petit . cleri . artic. . e. . n. . rich. . n. . rich. . n. . instit . . cap. . ed. . coram rege , rot. . porff . e. . c. . pro clero . ● e. . cap. . ● e. . st. . rich. . c. . bro. quar . imp . . e. . . e. . cap. . e. . cap. . e. . c. . e. . fol. , . per thorpe . h. . fol. . per gascoigne . e. . c. . west . . cap. . e. . c. . rich. . c. e. . stat. . cap. . westm . . cap. . stat. de prisis . rich. . c. . e. . cap. . e. . cap. . rot. parl. . e. . arch. reg. e. . tit . . fox . , e. . stat. . cap - . fox . sect. . e. . c. . antiq. brit. eccles . . e. . fol. e. . cap. . rot. parl. . e. . tit . . rich. . c. . rich. . cap. . rich. . cap. . rich. . stat. cap. . rich. . cap. . antiq. brit. rich. . cap. . antiq. brit. . e. . st. . cap. . antiq. brit. . co. e. . r●t . palm . . n. e. . n. . . antiq. brit. rich. . stat. . c. . rich. . artic. . e. . cap. . e. . c. . e. . cap. . e. . cap. . , . e. . cap. . e. . cap. . & . e. . cap. . e. . c. . e. . c. . e . cap. . e. . c. . e. . cap. . e. . c. . e. . c. . e. . cap. . e. . cap. . e. . cap. . , . e. . c. . e. . cap. . e. . c. , . e. . c. . rich. . c. . rich. . cap. . e. . c. . e. . c. . . & . e. . rich. . c. . e. . e. . e. . c. . rich. . c. . rich. . c. . rich. . c. e. . c. . e. . cap. . rich. . cap. . rich. . cap. . e. . stat. cap. . e. . cap. . & . e. . c. , . rich. . cap. . e. . e. . c. . e. . cap. . e. . stat. . cap. . cic. partit . orat. si quis majestatem populi romani minuisset , tacit. an . . e. . stat . cap. . r. . n. , . r. . n. . ass . pl. . stat. r. . . co. fo . . . co. fo . . . co. fo . . . co. fo . . h. . . act. . . e. . stat. e. . cap. . & . e. . cap. . & . e. . cap. . e. . cap. . r. . cap. ● . e. . cap. . e. . cap. . e. . n. . mirror just . cap. . sect. . e. . fol. . b. e. . c. . e. . cap. . rich. . c. . e . fol. . e. . n. . e. . stat. e. . c. . e. ● . c. . e. . n. , , , , . e. . n. , , , , , . e. . n. . e. . cap. . e. . cap. . e. . cap. . stat. . e. . stat. . cap. . fol. . pat. rot. e. . n. . regist . fol. . a. e. . cap. . e. . n. . e. . cap. . e. . cap. . e. . stat. . cap. . e. . stat. . cap. . . e. . n. . e. . n. . e. . stat. . cap. . fol. . fol. . b. h. . cap. . e. . cap. . hen. . protect . . e. . fol. h. . . h. . fol. . h. . protect . h. . . bract. li. . fol. . & , rich. . stat. . cap. rich. . n. . rich. . c. . regist . sol . . . e. . n. . n. . r. . n. . gloss . . e. . cap. . . e. . n. . e. . n. m. e. . cap. . e. . c. ● . e. . cap. . r. . c. . r. . c. . e. . cap. . e. . cap. . e. . n. . e. . cap. . r. . c. . e. . stat. . c. . e. . c. . e. . c. . e. . c. , . r. . c. . r. . cap. . cap. . r. . cap. . r. . cap. . r. . cap. . r. . cap. . e. . cap. . r. . cap. . r. . cap. . r. . c. . ● r. . cap. . r. . cap. . e. . cap. . r. . c. . r. . cap. . r. . cap. walsing . h. . cap. . h. . cap. . . & cap. . , . . hist . eccles . ang. . henry the fifth . antiq. brit. walsing . antiq. brit. . henry the sixth . comin . lib. . cap. . comin . lib. . cap. . h. . cap. . h. . n. . h. . n. . h. . n. , h. . n. . h. . n. . . h. . n. . h. . n. . cir. . & . h. . n. . h. . n. . h. . n. . & . h. . h. . n. . h. . n. . h. . n. , . h. . n. . h. . n. . h. . cap. . h. . cap. . h. . cap. . h. . cap. . h. . c. . h. . cap. . h. . cap. . hen. . cap. . h. . cap. . h. . cap. . h. . c. . h. . c. . h. . c. . rot. pat. . e. . m. . rot. pat. . e. . m. . rot. pat. e. . ps . . m. . hen. . p. m. . hen. . m. hen. . p. . m. . h. . m. . h. . cap. . rot. pat. . e. . p. . m. . h. . n. . rot. pat. . hen. . m. . hen. . n. . n. . . n. . h. . n. , . h. . n. . . h . n. . . , . . h . n. . . h . n. . . h. . n. . . h . n. . . h. . cap. . h. . cap. . r. . c. . h. . cap. . h. . cap. . h. . c. . h. . cap. . h. . cap. . hen. . cap. . hen. . cap. . antiq. . h. . cap. . h. . c. , . h. . cap. , h. . cap. . rich. . cap. . antiq. brit. holl. h. . cap. . instit . c. . mr. will : prynne . antiq. brit. h. . cap. . h. . cap. . h. . cap. . h. . stat. . cap. . h. . stat. . cap. . h. . stat. cap. . h. . cap. . h. . cap. . h. . cap. . e. . cap. . h. . fol. . otho de jur. jur. calumn . lind. de jure juran . . lind. lib. . de apostat . lind. lib. . de heret . fol. . h. . antiq. brit. . walsingham , ypo . neustr . . h. . cap. . fox marturel . . h. . cap. . h . cap. . h. . c. . h. . cap. . h. . cap. . h. . cap. . h. . cap. . h. . cap. . h. cap. . hen. . cap. . h. . cap. . h. . cap. . e. . cap. . e. . cap. . h. . cap. . h. . cap. . h. . cap. . hen. . c. . hen. . c. . hen. . c. . hen. . c. . e. . n. rich. . cap. . westm . . c. . e. . cap. . e. . c. . e. . cap. . e. . cap. . e. . c. . e. . cap. . r. . cap. . r. . cap. . hen. . c. . hen. . c. . h. . cap. . h. . cap. . h. . cap. . h. . cap. . h. . cap. . . cap. . . c. . . c. . . cap. . e. . c. ult . h. . cap. . h. . c. . h. . stat. . cap. . h. . cap. . cap. . h. . cap. . h. . cap. . h. . cap. . h. . cap. . h. . c. , . h. . cap. . stat. . ca. . h. . cap. . h. . cap. . h. . cap. . & . h. . cap. . h. . cap. . h. . cap. . h. . cap. . h. . cap. . h. . cap. . h. . cap. . h. . c. . h. . cap. . h. . cap. . h. . cap. . h. . cap. . h. . cap. . h. . cap. . h. . cap. . h. . cap. . h. . stat. . c. . h. . cap. . h. . c. . h. . fitzherb . protect . . hen. . e. . fol. . h. cap. . h. . cap. . exact . collec . p. . p. . ibid. fol. . collect. . . h. . cap. . mag. cart. cap. . h. . c. . cap. . hall. . h. com. lib. . c. . & . & . . comin . lib. . c. . comin . lib. . c. . e. cap. . comin . lib. . cap. . edw. . rich. . fercat . de gallar . imper. lib. . rich. . c. . rich. . cap. . e . n. . e. . n. . e. . cap. . e. . n. , . e. . cap. . e. . cap. . e. . cap. , . e. . cap. . r. . cap. . e. . cap. , , . e. . cap. . e. . cap. . e. . cap. . e. . cap. . e. . cap. . r. . cap. . e. . cap. . r. . cap. . naucler . antiq. brit. . h. . fol. . per paston . e. . fol. . e. . fol. . e. . fol. . per littleton . e . 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ca. . e. . cap. . e. . cap. . & e. . c. . h. . cap. . eliz. cap. . eliz. cap. . el. ca. . el. cap. . eliz. ca. . eliz. ca. . eliz. ca. . eliz. ca. . eliz. ca. . eliz c. . eliz. ca. . fox martyrol . marl. parliament . ca. & . phil. & mary cap. . mar. sess . . cap. . & cap. . & . & ca. . h. . ca. . eliz. ca. . bodin . rep . l. . h. . ca. . mar. sess . . cap. . h. . cap. eliz. ca. . thuan. vol. . lib. . jac. cap. . h. . cap. . e. . cap. . & e. . cap. . & phil. & mar. cap. . eliz. cap. . eliz. cap. . mar. parl. . cap. . sleiden . ph. & mar. parl. . ca. . ph. & mar. parl. . cap. . bodin de rep. lib. . & e. . cap. . el. c. & . e. . cap. . e. . cap. . & e. . cap. . eliz. ca. . e. . ca. . e. . ca. . e. . cap. . mar. sess . . cap. & . e. . cap. . e. . cap. . . cap. . & . ca. . e. . c. . eliz. cap. . eliz. cap. ● . eliz. c. . mar. parl. . cap. . & phil. & mar. cap. . ● . . cap. . & phil. & mar. cap. . & e. . cap. . & phil. & mar. cap. . e. . cap. . eliz. ca. . eliz. cap. . eliz. ca. . cap. , . e. . cap. . eliz. ca. . cap. . ae●ian . lib. . var. hist . cap. . tacit a seasonable, historical, legal vindication and chronological collection of the good old fundamental liberties, franchises, rights, laws of all english freemen ... seasonable, legal, historical vindication of the good old fundamental liberties, franchises, rights, properties, laws, government of all english freemen. prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing p ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a seasonable, historical, legal vindication and chronological collection of the good old fundamental liberties, franchises, rights, laws of all english freemen ... seasonable, legal, historical vindication of the good old fundamental liberties, franchises, rights, properties, laws, government of all english freemen. prynne, william, - . p. s.n., [s.l. : ] caption title. attributed to william prynne. cf. wing. date of publication from wing. reproduction of original in national library of scotland (advocates'). marginal notes. eng constitutional history -- great britain. great britain -- politics and government -- - . a r (wing p ). civilwar no a seasonable, legall, and historicall vindication and chronologicall collection of the good, old, fundamentall, liberties, franchises, right prynne, william d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - ali jakobson sampled and proofread - ali jakobson text and markup reviewed and edited - pfs batch review (qc) and xml conversion a seasonable , historical , legal , vindication , and chronological collection of the good old fundamental liberties , franchises , rights , laws of all english freemen ; ( their best inheritance , birth-right , security , against arbitrary tyranny , egyptian slavery and burdens ) of late years most dangerously undermined , oppungned , and almost totally subverted , under the specious feigned disguise of their defence , enlargement , and future establishment upon a sure basis . it is an universal received principle , and experimental truth , beyond all contradiction , that no natural structure , no arteficial building , no civil or ecclesiastical corporation , realm , reipublicke , government , or society of men ; no art nor science whatsoever , can possibly be erected , supported , established , preserved or continued in their being or well being , without foundations : whereon as they were at first erected , so they must necessarily still depend , or else they will presently fall to utter ruine . hence it is , ( to wave all humane authorities in so clear a verity ) that in god's own sacred uner●ing a word of truth , we find frequent mention of the natural b foundations of the vast natural fabrick of the earth , heavens , and world it self ; of the artificial material c fovndations of the material temple , wals , city ; of gods own most famous city ierusalem ; and of private houses : of the spiritual d foundation of the spiritual temple , city ierusalem , and whole church of god ; even iesus christ himself : of the doctrinal e foundations , and first principles of religion , christianity , salvation : yea , of the political f foundations of kingdoms , reipublikes , churches , governments , states : which being once shaken , undermined , subverted , razed , or destroyed , bring unavoidable ruine and desolation upon them , ( psal. . . psal. . , . ier. , . & , , . mic. . , , . ) even as we daily see castles , wals , houses , to fall instantly to the ground , and become an heap of confusion , when their foundations are blown up , decayed , or demolished . upon which consideration , those publike laws , which establish , fence , fortifie , support the foundamental constitutions , rights , liberties , priviledges , of any nation , kingdome , reipublike , ( essential to their being and subsistence , as a free or happy people , against the invasions , vnderminings , encroachments , of any tyrants , vsurpers , oppressors , or publike enemies , are usually stiled fundamental laws ; ) and have ever been reputed so sacred , inviolable , immutable , in all ages , upon any preterces of necessity , or publike safety , that most nations , and our own english ancestors , above others , have freely chosen to hazard , yea lose their estates , lives , in their just defence , against such exorbitant tyrannical kings , and other powers , who by force or policy have on leavoured to violate , alter , or subvert them , rather then out of cowardize , scottishnesse , carelessenesse or want of cordial love to the publike , to suffer the last infringement , repeal , or alteration of them , to the inthralling of themselves , or their posterities , to the arbitrary wills of such domineering tyrants , and vsurping poners . now because , after all our old and new ( many yeers ) bloody , costly , dangerous contest , and wars , for the maintenance of our good old fundamental liberties , laws , rights priviledges , against all secret or open underminers of them i clearly behold , with grief of heart , that there is a strang monstrous generation of new tyrannical state hereticks sprung up amongst us ; who are grown i desperately impudent , as not onely to write , but publikely to assert in print , ( in a books , printed by authority , even in capitals in the very title-page ) that the free-men and people of england have no such unalterable fundamental laws and liberties left them by their fore-fathers , ( as our ancestors heretofore contested for , both in the field and parliament-house , with william the conqueror , henry the first , king john , henry the third , edward , , . richard the second , with other kings and princes ; and our late parliaments and armies too , with king james , and king charles . ) that neither magna charta , nor the petition of right , nor the laws for trying malefactors by juries of their peers , are fundamentall , or unaltera●le ; but that the state-physitians ( or rather mountebanks ) of our time , ( who are not tied up to them , but left free unto themselves ) may lay them quite aside , either in part or whole , as they see cause : yea , ( having now attained to such a super-transcendent authority , as ) may ( as they assert ) day aside all parliaments and parliamentary wayes , and appoint something else , as more seasonable and proper to us , and as providence makes way for it , if they see it more conducing to the safety and good of the common-wealth , ( that is , to their own private interests , honours , profits , securities , designes , oppressions , rapines , gilded over with this specious pretext . ) and then ●●●emptorily conclude , that to plead for these and other fundamental laws and liberties , as unalterable , ) though the onely 〈◊〉 and badges of our freedom ( is nothing else but to 〈◊〉 the nation : for by such a principle , people doe 〈…〉 their liberty , but are brought under such a kind of tyranny , out of which ( as being worse than the aegyptian bondage ) there is no hope of deliverance . an absurd tyrannical paradox , transcending any i ever yet met with in any author ; stripping us naked of all our long enjoyed laws , liberties , franchises , great charters at once ; tending onely to reduce , and perpetually inthral us under such an absolute aegyptian bondage and tyranny , without any hope of future deliverance from it , which some now endeavour to entail on us and our posterities for ever , by an iron law , and yoke of steel , in stead of restoring to us that glorious freedome , which we have so long expected from them in vain . and because i find the generality of the nobility , gentry , clergie , commonalty , of our nation , after all their , late yeers expensive bloudy wars , and parliamentary disputes , for the defence and preservation of these our ancient hereditary fundamental charters , laws , liberties , priviledges , so strangely degenerated both from themselves , and their heroick prudent ancestors , as that they are more readily inclined , upon every occasion , out of a base , un-christian , un-manly , un-english fear , or scottish cowardice and stupidity , wittingly to desert , betray , surrender them all up into the hands of any invading vsurpers , without the least publike claim , dissertation , defence , or dispute ; then diligently or couragiously to contend for them , as of late they did : so as that which paul once taxed in the slavish besotted corinthians , epist. . . may be most truly averred of our degenerated , infatuated , english nation : ye suffer if a man bring you into bondage , if a man devour you , if a man take of you , if a man exalt himself , ( above your laws , liberties , franchises , parliaments , kings , nobles , properties , lives , conscience , and a all that is called god , or worshipped ) if a man smite you on the face ; notwithstanding all their manifold late b protestations , vows , covenants , remonstrances , declarations , and publike engagements , to the contrary . and withal , after diligent enquiry , discovering scarce one man of eminencie or power in the nation , nor so much as one of my degenerated temporizing profession of the law , ( even when the c whole body of our laws , and all its professors , are violently assaulted , and devoted unto sudden ruine , by many lawlesse spirits ) who hath so much courage , magnanimity , honesty , zeal , or cordial love to his native country , remaining in his brest , as manfully to appear in publike , for the strenuous necessary defence of these our hereditary , fundamental laws , liberties , rights , franchises , ( though their own , and every other english freeman's best inheritance and security ) for fear of being persecuted , imprisoned , close imprisoned , exiled , condemned , destroyed , as a traytor , rebell , seditious person , enemy to the publike , or disturber of the kingdoms peace , by those who are truly such : i thereupon conceived i could not undertake or perform a more necessary , seasonable , beneficial service for my country , ( and not to be like those , who are ashamed , afraid , for the most part , to own , visit , or be seen in the company of those gallant men , much lesse to assist , defend , and stick close unto them in their dangers , according to the sixth article of their late solemn league and covenant , who have suffered , acted , and stood up most for their common liberties , rights , freedoms , religion , against all invading tyrants , to their great discouragement and betraying ) nor pitch upon any subject more proper for me , either as a common lawyer , or as a constant advocate and sufferer for the publike cause , and liberties of the nation , as well under our late extravagant free-state , as former regal and episcopal arbitrary tyranny , then in this juncture of our publike affairs , to present our whole distracted unsetled kingdome , with an historical and legal vindication , and chronological collection , in all ages , of these ancient hereditary liberties , franchises , rights , contests , laws , charters , records , monuments of former and late times , for their confirmation , and inviolable ob●rvation , which our ancestors and our selves have alwayes hitherto reputed fundamental , unalterable , inviolable , upon any pretext ; and have most eagerly contended for , with the prodigal expence of many millions of treasure , and whole oceans of gallant christian english bloud . and if , upon the serious perusal of them , the uniuersality of our degenerated nation , after their many late solemn protestations , vows , leagues , covenants , remonstrances , inviolably to defend and maintain them , shall 〈◊〉 so undervaelue them now at last , ( as 〈◊〉 actually have done ) as not to esteem them worth the owning , maintaining , vindicating , or perpetuating and longer ; and thereby draw upon their headache real guilt of all those bloudy wars , murders , tumults violences , rapines , oppressions , sins , mischiefs , illegal ta●es , excises , exorbitancies , which their many late yeers pretended necessary defence and preservation have brought upon ou● three whole nations ; let them henceforth , like so man , ●astardly conquered bond slaves , bored thorow the eares● publikely disavow , disclaim , renounce , abiure them , for themselves and their posterities for ever , as meer worthlesse toyes , or pernicious inventions , fit onely to kindle perpetuall wars and discords between king and people , head and members , superiours and inferiours ; or as poor slender cobwebs , ( as now they prove ) fit to hold none within compasse but the very weakest flyes ; broken thorow with 〈◊〉 and impunity by every greater fly , creeping up into any power or supreme authority , by right or wrong ; and swept down to the very ground , by every new broom in the hand of upstart innovators . but if , upon saddest deliberation , they shall really estimate them to be such incomparable , rich , precious jewels , and ancient inheritances , as are every way worth the infinite treasures , warres , blood , cares , consultations , troubles , heretofore and of late yeers expended , both to gain , retain , confirm , and perpetuate them , to them and their posterities for ever , as their principal earthly security and beatitude ; i hope they will all then unanimously henceforth conclude with the poet . non minor est virtus quam quaerere , part a tveri : and both by their votes , and actions , return the self-same peremptory magnanimous answer to any caesar , conqueror , patentate , power , or combination of men whatsoever , ( who shall endeavour by force , fraud , ●●flattery , to compel or perswade them , to sell , resign , betray , 〈◊〉 these their antistrial priviledges , 〈…〉 , to them ) 〈…〉 once did to king ahab , king. . . the lord forbid ● us , that we 〈◊〉 give ( sell , or betray ) the inheritance of ovr fathers ( and our posterities likewise ) unto thee , or you ; though they should suffer for this answer and refusal , as much as naboth did from bloudy ahab and jez●bel . but whatever low price or estimate this spurious , stupid sordid , slavish age may set upon these richest pearls ; yet for my own particular , upon serious consideration of these chronological collections , and the solemn oathes , protestations , vows , league and covenant , obliging me to defend them to the uttermost ; i value the whole nations publike , and my own ( with my cordial friends ) private interest in them , at so high a rate , that i would rather chearfully part with ten thousand lives , and all the treasures of the nation , were i owner of them , then wittingly , negligently , or unworthily fell , betray , or resign them up to any mortals , or powers whatsoever , upon any pretences or conditions , after all my former publications , contests , sufferings , &c. for their just defence . now to the end all others might now take special notice of the inestimable value our ancestors in all ages have set upon them , and what successive wars , conflicts , they have cheerfully undertaken for their preservation ; i have , at vacant hours compiled this en●uin●vindication and collection of the old fundamental liberties , franchises , laws , of all english free-men , which i shall be que●th to my most beloved native country in generall and every reall her●●●k patron of them in particular , as the best legacie i can leave behind me , both for their 〈…〉 future enfranchisement , immunity , security , from all 〈…〉 tyranny , slavery , and yokes of bondage , under 〈…〉 have a long time languished and 〈…〉 the method i resolve herein to pursue is this : . i shall produce some punctual authorities of moment , to evidence , that the kingdome and free-men of england , have some ancient hereditary just rights , liberties , priviledges , franchises , laws and customs , properly called fvndamental : and likewise a fvndamental government , no wayes to be altered , undermined ▪ subverted , directly or indirectly , to the publike prejudice , under pain of high treason in those who shall attempt it , especially by fraud , force , or armed power . . i shall in brief propositions present you with the chiefest and most considerable of them , which our ancestors in former ages , and our latest real parliaments have resolved to be , and eagerly contended for , as fundamental , essential to their being and well-being , as a free people , kingdom , reipublike , unwilling to be enslaved under any yokes of tyranny , any arbitrary impositions or powers whatsoever . and then give you a brief touch of their several late unparallel'd violations , both by the edicts and actions of usurping powers . . i shall in a chronological way tender you a large historical catalogue of contests , votes , declarations , remonstrances , oathes , vows , protestations , covenants , engagements , evidences , statutes , charters , writs , records , judgements , and authorities , in all ages , undeniably evidencing , declaring , vindicating , establishing , perpetuating these fundamental hereditary rights , liberties , priviledges , franchises , customs , laws , and abundantly manifesting the extraordinary care , industry , zeal , courage , wisdom , vigilancy of our ancestors , to defend , preserve , and perpetuate them to posterity , without the least violation or diminution . . i shall vindicate the exellencie , indifferencie , and legality of trying all malefactors whatsoever by juries of their peers , upon legal processe and indictments ; and manifest the illegality , injustice , partiality , dangerous consequences , of admitting or introducing any other form of trials , by new , arbitrary , martial commissions , or courts of high justice , ( or rather * injustice ) inconsistent with , and destructive to the fundamental rights , liberties , priviledges , laws , franchises of the english nation , and of most dangerous president to posterity ; being set up by the greatest pretenders to publike liberty , law , and the chiefest inveighers against arbitrary regal tyranny and power , which never publikely established them by any law , and may fall to imitate them in future ages . each of these i intend to prosecute in distinct chapters in their order for the first of these : that the kingdome and free-men of england , have some ancient hereditary right , liberties , priviledges , franchises , laws and customs , properly called fvndamental ; and likewise a fvndamental government , no wayes to be alt●red , undermined , subvert●d , directly or indirectly , under pain of high●treason in those who shall attempt it , especially by fraud , force , or armed power . i shall confirm the first part of it , by these ensuing punctual authorities of moment , against those a traytorous late-published pamphlets , which professedly deny it , and endeavour a total abrogation of all former laws , to set up a new model , and body of the law , to rule us for the future , according to their pleasures . the first is , the expresse words of the great charters of the liberties of england , granted by b king john , anno . in the yeer of his reign ; regranted and confirmed by king henry the third , in the ninth yeer of his reign , and sundry times afterwards ; and by king edward the first , in the and yeers of his raign : wherein these three kings successively , by their several grand charters under their great seals , did grant , give , and confirm , to all the free-men of the realm of england , for themselves and their heirs for ever , the customs , liberti●s therein contained ; to have and to hold them , to them and their heirs from them and their he●rs for ever . concluding their charters thus : all these customs and liberties aforesaid , which we have granted to be holden within this our realm , as much as appertaineth to us and our heirs , we shall observe . and all men of this our realm , as well spirituall as temporall , ( as much as in them is ) shall observe the same against all persons in likewise . and we have granted unto them , that neither we nor our heires shall procure or do any thing whereby the liberties in these charters contained , shall be infringed or broken . we ●atifying and approving these gifts and graunts aforesaid , confirm and corroborate all the same , for us and our heirs perpetually : and by these presents ( as the later charters run ) do renew the same willing and granting , for us and our heirs , that these charters , and all and singular their articles , for ever shall be stedfastly , firmly , and inviolasly observed . sir edward cook , ( that reverend learned judge and professor of our laws ) in his preface to his second institutes , and p. . and . thereof , wherein he comments on this great charter , ( printed by two orders of the house of commons in parliament , dated maii. . and junii , . ) resolves in direct terms , that the great charter was for the most part declaratory of the principal grounds of the fvndamental laws of england : that these words therein , [ for as and our heirs for ever ] were added to avoid all scruples ; that this great parliamentary charter might live and take effect in all successions of ages for ever . a clear resolution , that the principal liberties , customs , laws , contained in these great charters , and ratified by them , are both fundamental , perpetual , and unalitrable ; being since confirmed in all points by neer fourty several special acts of parliament in succeeding parliaments : and likewise by the solemn oathes of our kings , nobles , judges , great officers , and of the people too , ( all severall times sworn to defend and maintaine the same ) and by sundry solomn excommunications against the onfringers or contemners of them in any kind ; as i shall prove more fully in the third chapter . the second is , the punctuall resolution of the whole parliament of jacobi , even in a printed act of parliament , chap. . and of king james himself , in his speech therein , as is evident by this prologue to that act : whereas his most excellent majestie hath been pleased , out of his great wisdome and judgment , not onely to represent unto us by his own prudent and princely speech on the first day of this parliament , how much he desired ( in regard of his inward and gratious affection to both the famous and ancient realms of england and scotland , now united in allegiance , and by all subjection in his royal person , to his majesty and his posterity for ever ) that by a speedy , mature , and sound deliberation , such a future vnion might follow , as should make perfect that mutual love , and uniformity of maners and customs , which almighty god in his providence , for the strength and safety of both realms , hath so far already begun , in● pparent sight of all the world ; but also hath vouchsafed to expresse many ways , how far it is , and ever shall be , from his royal and sincere care and affection to the subjects of england , to alter or innovate the fundamental and ancient laws , privileges and good customs of this kingdom ; whereby not only his royal authority , but the peoples security of lands , livings , and privileges ( ●oth in generall and particular ) are preserved and maintained ; and , by the abolishing or alteration of the which , it is impossible but that present confusion wil fall upon the whole state and frame of this kingdom , &c. in which memorable clause , these four things are observable , . that the kingdom and people of england have fundamental ancient good laws , privileges , and customs . . that these are no ways to be altered or innovated ; and that it always hath been , is , and ever shall be , far from the thoughts and intents of all good kings , governours , and parliaments , who bear a sincere care and affection to the subjects of england , to alter or innovate them . . that by these ancient good laws , privileges , and customs ▪ not onely the kings regal authority , but the peoples security of lands , livings , and privileges , ( both in general and particular ) are preserved and maintained . . that by the abolishing or altering of them , it is impossible , but that present confusion will fall upon the whole state and frame of this kingdome . which i wish all innovators and new modellers of our laws , would now at last lay seriously to heart , and the whole kingdom and english nation sadly consider , who have found it an experimental truth of late yeers , and no imaginary feigned speculation . the third is the remonstrance of the whole house of commons in parliament , delivered in writing to k. james , in the parliament of iac. anno . which begins thus . to the kings most excellent majesty . most gracious soveraign , whereas we your majesties most humble subjects , the commons assembled in parliament , have received , first by message , and since by speech , from your majestie , a command of restraint , from debating in parliament your majesties right of imposing upon your subjects goods exported out of , or imported into this realm , yet allowing us to examine the grievance of these impositions , in regard of quantity , time , and other circumstances of disproportion thereto incident : wee your said humble subjects nothing doubting but that your majestie had no intent by that command , to infringe the ancient and fvndamental rights of the liberty of parliament ▪ in poynt of exact discussing of all matters concerning them and their possessions , goods , and rights whatsoever ; which yet wee cannot but conceive to be done in effect by this command , do with all humble duty make this remonstrance to your majestie . first , wee hold it an ancient , general and vndovbted right of parliament , to debate freely all matters which do properly concern the subject , and his right or estate : which freedom of debate being once fore-closed , the essence of the liberty of parliament is withall dissolved . here the whole house of commons , in a special remonstrance to king james , ( printed and published by order of a committee of the house of commons for licensing of books , dated maii , . caroli ) declare , resolve , vindicate , and maintain , one principal , ancient , fundamental , general , undoubted right of the liberty of parliament , against the kings intrenchment on it : of which should they be but once fore-closed , the essence of the liberty of parliament is withall dissolved . and peradventure it may not be unworthy the most serious disquisition of the next ensuing nominal or real parliament , to examine , whether some clauses and restrictions in the , , , , , , , , , , , , , , , , , . articles ( or strings ) of the new instrument , intituled , the government of the common-wealth of england , scotland , and ireland , and the dominions thereunto belonging , as it was publikely declared at westminster the day of december , . &c. do not so much , nay farre more intrench upon the ancient , fundamental , general , undoubted right and liberty of parliament ▪ and parliamentary free debates , to the dissolution of the essential liberty of all future parliaments , as this command of king james did , or as the bishops late canons imposed on the clergy in and by the convocation , anno . ever did ; and this clause in their &c. oath then made , ( now imitated by others , who condemned it : ) ● a. b. do swear , that i will never give my consent to alter the government of this church by arch-bi●hops , bishops , deans , and arch-deacons , &c. as it stands now established , and as by right it ovght to stand : * resolved by the whole house of commons , and peers too , without one dissenting voyce , in parliament , decemb. . to be a most dangerous and illegal oath , contrary to the rights and privileges of parliament , and to the fvndamental laws & statvtes of the realm , &c. and of dangerovs conseqvence . the contriving whereof was objected to the late arch-bishop of canterbury , in his original and additional articles of impeachment , to be high treason ; for which amongst other thigs , he lost his head . the fourth is , the notable petition of grievance of the whole house of commons in parliament , presented to king james in the seventh yeer of his reign , after their vote against his right to lay any impositions on goods imported or exported , without assent of parliament ; in these ensuing words , the policy and constitution of this your majesties kingdom , appropriates unto the kings of this realm , with assent of parliament , as well the soveraign power of making laws , as that of taxing or imposing upon the subjects goods or merchandizes , wherein they have justly such a property , as may not without their consent be altered or changed : this is the cause , that the people of this kingdom , as they have * ever shewed themselves faithful and loving to their kings , & ready to aid them in all their just occasions , with voluntary contributions : so have they been * ever careful to preserve their own liberties and rights , when any thing hath been done to prejudice or impeach the same . and therefore when their princese it her occasioned by war , or by their own bounty , or by any other necessity , have without consent of parlament set on impositions ▪ either within the land , or upon commodities exported or imported by the merchants they have in open parliament complained of it , in that it was done without their consents ; and thereupon * never failed to obtain a speedy and full redress , without any ‖ claim made by the kings , of any power or prerogative in that point . and though the law of property be original , and carefully preserved by the common lawes of this realm , which are as ancient as the kingdom it self ; yet those famous kings , for the better contentment and assurance of their loving subjects , agreed , that this old fvndamental right ( observe the words ) should be further declared , and established by act of parliament , wherein it is provided , that no such charge should ever be laid upon the people without their common consents , as may appear by sundry records of former times . we therefore your majesties most humble commons assembled in parliament , * following the example of this worthy care of ovr ancestors , and ovt of ovr dviy to those for whom we serve , finding that your majesty , without advice of your lords and commons , hath lately ( in times of peace ) set both greater impositions , and far more in nvmber then any yovr noble ancestors did ever in time of war , do with all humility present this most just and necessary petition unto your majesty , that all impositions set withovt assent in parliament , may be qvite abolished and taken away . and that your majesty likewise in imitation of your royal progenitors , will be pleased , that a law in your time , and during this session of parliament , may be also made , to declare , that all impositions of any kind set , or to beset vpon yovr people , their goods or merchandizes , save only by common consent in parliament , are and shall be voyd ; wherein your majesty shall not only give yovr svbjects great satisfaction in point of their right ; but also bring exceeding joy and comfort to them who now suffer , partly through the abating of the price of native commodities , and partly through the raising of all forein , to the overthrow of merehants , and shipping , the causing of general dearth , and decay of all wealth among your people who will be therby no less discouraged , then disabled to supply your majesty when occasion shall require . in which memorable petition , the whole house of commons resolve in direct terms : . that the subjects of england have old original fundamental rights , ( and more particularly in the property of their goods , exempted from all impositions whatsoever in times of peace or war , without their common consent in parliament ) declared and ectablished both by the ancient common law of england , and sundry acts of parliament , and records of former times . . they declare , the constant vigilant care , zeal of our ancestors and former parliaments in all ages , inviolably to maintain , defend , preserve the same against all encroachments , together with their own care , duty and vigilancy in this kind in that very parliament . . they relate the readiness of our kings to ratifie these their fundamental rights by new act of parliament , when they have been violated in any kind . . they declare the benefit accruing both to prince and people , by the inviolable preservation and establishment of this old fundamental right , and the mischiefs accruing to both by the infringement thereof , by arbitrary illegal impositions , without full consent in parliament . . they earnestly ( in point of conscience , prudence , and duty to those for whom thy served ) petition his majesty , for a new law and declaration against all new impositions & taxes on inland goods , or merchandizes imported or exported , without the peoples free consent in parliament , as null , void , utterly to be abolished and taken away . whether it will not be absolutely necessary for the whole english nation , and the next ensuing notional or real parliament , to prosecute , enact , establish such a declaration and law against all such future arbitrary , illegal , oppressive taxes , impositions , excizes , that have been imposed and continued for many years together on the whole kingdom , by new extravagant , self-created , usurping army-officers , and other powers , without free and full consent of the people in lawfull english parliaments , against all former laws , declarations , and resolutions in parliament , to their great oppression , enslaving , undoing , and that in far greater proportions , multiplicity , and variety , ●hen ever in former ages , without the least intermission ; and likewise against their late declared design , to perpetuate them on our exhausted nation , without alteration or diminution , ( beyond and against all presidents of former ages ) both in times of peace and war for the future , by the , , , ● , ● . articles of the instrument entituled , the government of the common-wealth of england , &c. i remit to their most serious considerations to determine , it ever they resolve to be english freemen again , or to imitate the wisdom , prudence , zeal , courage , and laudable examples of their worthy ancestors , from which they cannot now degenerate without the greatest infamy , and enslaving of themselves with their posterities for ever , to the arbitrary wills of present or future usurpers on their fundamental rights and liberties , in an higher degree then ever in any precedent ages , under the greatest conquerours or kings , after all their late , costly , bloudy wars for their defence against the beheaded king . the fifth is , a learned and necessary argument made in the commons house of parliament , anno . jacobi , to prove , that each subject hath a propriety in his goods ; shewing also , the extent of the kings prerogative in impositions upon the goods of merchants exported or imported , &c. by a late learned judge of this kingdom , printed at london by richard bishop , . and ordered to be published in print , at a committee appointed by the honourable house of commons , for examination and licensing of books . . maii , . in which parliamentary argument , p. , , . i finde these direct passages : that the new impositions contained in the book of rates , imposed on merchandizes imported and exported , by the kings prerogative , and letters patents , without consent in parliament , is against the natvral frame and constitvtion of the policy of this kingdome , which is jus publicum regni , and so subverteth the fundamental law of the realm , and introduceth a new form of state and government : can any man give me a reason , why the king can only in parliament make laws ? no man ever read any law , whereby it was so ordained ; and yet no man ever read , that any king practised the contrary ; therefore it is the original right of the kingdom , and the very natvral constitvtion of our state and policy , being one of the highest rights of soveraign power . if the king alone out of parliament may impose , * he altereth the law of england in one of these two main fundamental points ; he must either take the subjects goods from them , without assent of the party , which is against the law , or else he must give his own letters patents the force of a law , to alter the property of the subjects goods , which is also against the law . in this and sundry other arguments , ( touching the right of impositions ) in the commons house of parliament by the members of it , arguing against them , it was frequently averred , and at last voted and resolved by the house , . jacobi , that such impositions without consent in parliament , were against the original fundamental laws and property of the subject , and original right , frame , and constitution of the kingdom ; as the notes and journals of that parliament evidence : an express parliamentary resolution in point , for what i here assert . the sixth is , a conference desired by the lords , and had by a committee of both houses , concerning the rights & privileges of the subjects . aprilis , . caroli , . entred in the parliament journal of . caroli , and since printed at london , . in the introduction to which conference , sir dudley diggs , by the commons house order , used these expressions : my good lords , whilst we the commons , out of our good affections , were seeking for money , we found , i cannot say a book of the law , but many a fundamental point thereof neglegted and broken , which hath occasioned our desire of this conference : wherein i am first commanded to shew unto your lordships in general , that the laws of england are grounded on reason more antient then books , consisting much in unwritten customs , yet so full of justice and true equity , that your most honorable predecessors and ancestors propugned them with a nolumus mutari ; and so ancient , that from the saxons daies , notwithstanding the injuries and ruines of time , they have continued in most parts the same , &c. be pleased then to know , that it is an undoubted and fundamental point of this so ancient common law of england , that the subject hath a true property in his goods and possessions , which doth preserve as sacred that meum and tuum , that is the nurse of industry , and the mother of courage , and without which there can be no justice , of which meum and tuum is the proper object . but the undoubted right of free subjects , hath lately not a little been invaded and prejudiced by pressures , the more grievous , because they have been pursued by imprisonment , contrary to the franchises of this land , &c. which the commons house proved by many statutes and records in all ages , in that conference , to the full satisfaction of the lords house ; since published in print . the seventh is , the vote of the a whole house of commons , . december , . nullo contradicente , entred in their journal , and printed in diurnal occurrences , p. . that the canons made in the convocation ( anno . ) are against the fundamental laws of the realm , the property and liberty of the subject , the right of parliament , and contained divers things tending to faction and sedition . the eighth authority is , b the votes of both houses of parliament , concerning the security of the kingdom of england , and dominion of wales , . martii . ordered by the lords and commons in parliament to be forthwith printed and published ( as they were then by themselves , and afterwards with other votes and orders ) resolved upon the question , nemine contradicente , that in case of extream danger , and of his majesties refusal , the ordinance agreed on by both houses for the militia , doth oblige the people , and ought to be obeyed , by the fundamental laws of this kingdom . a very vain , false , absurd , and delusory vote , if there be no such laws , as some now affirm . the ninth punctual authority is , a a second declaration of the lords and commons assembled in parliament , concerning the commission of array ; printed by their special order of januarii , . wherein are these observable passages . the main drift of the answer is to maintain , that the king by the common law may grant such a commission of array as this is , upon this ground , because it 's for the defence of the kingdome : and , that the power which he hath to grant it by the common law , is not taken away by the petition of right , or any former statute , but the king , notwithstanding any of them , may charge the subjects , for defence of the kingdome , so as the charge imposed come not to himself , nor to his particular advantage . these grounds thus laid , extend not to the commission of array alone , but to all other charges that his majestie shall impose upon his subjects , upon pretence of defence of the kingdom : for there is the same reason of law for any other charge that is pretended for defence , as for this . if his majestie by the common law may charge his subjects to finde arms , and other things in the commission enjoyned , because they are for defence of the kingdom ; by the same reason of law , he may command his people to build castles , forts , and bulworks , and after to maintain them with garisons , arms , and victuals , at their own charges : and by the same reason he may compel his subjects to finde ships , and furnish them with men , ammunition , and victuals , and to finde souldiers pay , coat and conduct-money ; provide victuals for souldiers , and all other things necessary for an * army ; these things being as necessary for defence , as any thing that can be done in execution of this commission . and for that exposition of the petition of right , and other statutes therein noted , ( if it should hold ) doth it not overthrow , as well the petition it self , as all other lawes that have been made for the subjects benefit against taxes and other charges , either in this or any other parliament ? these positions thus laid down and maintained , do shake the fundamental laws of the kingdom , ( the ancient birth-right of every subject ) both for the property of his goods , and liberty of his person : nay , they strike at the root of parliaments : what need his * majesty call parliaments to provide for defence of the realm , when himself may compel his subjects to defend it without parliaments ? if these grounds should hold , what need the subjects grant subsidies in parliament for defence of the kingdom in time of real danger , if the king for defence at any times , when he shall only conceive or pretend danger , may impose charges upon his subjects without their consent in parliament ? upon that which hath been said in this and our former declaration , we doubt not but all indifferent men will be satisfied , that this commission of array is full of danger and inconvenience to the subjects of england , and against the fundamental laws of the land , both for property of goods , and liberty of person , &c. . as it is against the fundamental laws of the realm , so no statute makes it good , &c. and the lords and commons do upon the whole matter here conclude , that they are very much aggrieved , that after so many declarations and solemn protestations made by his majesty to rule by the known laws of this land , his majesty by advice of his ill-councellors should be perswaded to set such a commission on foot , which is so clearly contrary to the fundamental laws of this land , the right of property , and liberty of the subject , contrary to form●r resolutions of parliament , and to the petition of right . i am certain the generality of the nation are now as much and more aggrieved , that some who were parties to this declaration , and others who have made as many or more declarations and protestations as his majesty ever did , to rule by the known laws of the land , should since this , far exceed his majesty in the like , or more exorbitances in the militia , excises , taxes , impositions , imprisonments , arbitrary extravagant proceedings , and capital executions in new-erected courts of injustice , as diametrically contrary as the kings commissions of array , to the fundamental laws of the land ( four times together so stiled and insisted on , as such , in this one declaration of both houses ) the right of property of the subject , contrary to former resolutions , and the petition of right ; yea ( which is most abominable ) to their own declarations , remonstrances , votes , protestations , vows , solemn leagues and covenants in parliament , to their own eternal infamy , as well as the peoples intolerable oppression and slavery , who thereupon may justly conclude and protest against them , as both houses did in the close of that declaration against the array , viz. * and the lords and commons do and shall adhere to their former votes and resolutions , that all those that are actors in putting of this commission of array in execution , shall be esteemed disturbers of the peace of the kingdome , and the properties and liberties of the subject . the tenth evidence is , a the vote and letter of both houses of parliament sent to his majesty at oxford . march . in answer to his majesties of the third of march , wherein there is this passage : we the lords and commons assembled in the parliament of england , &c. have resolved , with the concurrent advice and consent of the commissioners of scotland , to represent to your majesty in all humility and plainness as followeth ; that this present parliament convened according to the known and fundamental laws of the kingdom ( the continuance whereof is established by a law consented to by your majesty ) is in effect denied to be a parliament , &c. and hereupon we think our selves bound to let your majesty know , that since the * continuance of this parliament is setled by a law , ( which , as all other laws of your kingdom , your majesty is sworn to maintain , as we are sworn to our allegiance to your majesty , these obligations being reciprocal ) we must in duty , and accordingly are resolved , with our lives and fortunes , to defend and preserve the just rights and full power of this parliament : to which the earl of essex ( then general ) by both houses direction , in his letter to the earl of forth , jan. . . adds this corollary , my lord , the maintenance of the parliament of england , and the priviledges thereof , is that for which we are all resolved to spend our bloud , as being the foundation whereon all our laws and liberties are built : which both the lords and commons assembled in parliament , in their declaration of . martii . touching their proceedings upon his majesties letter concerning a treaty of peace ; ( wherein this earls former letter is recited ) thus second : the parliament of england is the only basis , the chief support and pillar of our laws and liberties , &c. and if notwithstanding all these obligations , the king shall * at his pleasure dissolve this parliament , the kingdom is not only deprived of the present , but made uncapable of enjoying the benefit of any future parliament or laws , any longer then shall stand with the will and pleasure of the king , and consequently the fundamentals of all our laws & government are subverted . let the parliament-dissolving officers , army , and their confederates seriously ponder this , with all who shall hereafter sit in parliament , consider it in the first place . the eleventh is , the a ordinance of both houses of parliament , . junii . for the forces raised in the county of salop , which begins thus : the lords and commons assembled in parliament , taking into their serious considerations , the great oppressions under which the inhabitants of the county of salop , by reason of insupportable taxes , &c. and the present condition of the county , by reason of the great number of irish rebels that have invaded it , and joyned with papists and other ill-affected persons now in those parts , doth threaten the extirpation of the protestant religion , and the subversion of the fundamental laws and government of the kingdom . for prevention whereof , &c. the twelfth is , b a declaration of the commons of england assembled in parliament , aprilis . of their true intentions concerning the ancient & fundamental government of the kingdom , securing the people against all arbitrary government , &c. wherein they complain , that the enemy being in despair to accomplish his designs by war , do misrepresent our intentions in the use we intended to make of the great successes god hath given us , and the happie opportunity to settle peace and truth in the three kingdoms ; to beget a belief that we now desire to exceed or swerve from our first aims and principles in the undertaking of this war , and to recede from the solemn league and covenant , and treaties between the two kingdoms ; and that we would prolong these uncomfortable troubles , and bleeding distractions , in * order to alter the fundamental constitution & frame of this kingdom , to leave all government in the church loose and unsetled , and our selves to exercise the same arbitrary power over the persons & estates of the subjects , which this present parliament hath thought fit to abolish , by taking away the star-chamber , high commission and other arbitrary courts , and the exorbitant power of the councel table : ( all which we have seen since experimentally verified in every particular in the highest degree , notwithstanding this declaration , by some in late and present power , notwithstanding this publication : ) all which being seriously considered by us , &c. we do declare , that our true & real intentions are , & our endeavor shall be , to settle religion in the purity thereof , * to maintain the ancient & fundamental government of this kingdom , to preserve the rights & liberties of the subject ; to lay hold on the first opportunity of procuring a safe and well-grounded peace in the three kingdoms , and to keep a good understanding between the two kingdoms of england and scotland , according to the grounds expressed in the solemn league and covenant : and lest these generals should not give a sufficient satisfaction , we have thought fit , to the end men might no longer be abused in a misbelief of our intentions , or a misunderstanding of our actions , to make this further enlargement upon the particulars . and first , concerning church-government , &c. because we cannot consent to the granting of an arbitrary and unlimited power and jurisdiction , to neer ten thousand judicatories to be erected within this kingdom , and this demanded in such a way , as is not consistent with the fundamental laws & government of the same , &c. our full resolutions still are , sincerely , really and constantly to endeavour the reformation of religion , in the kingdoms of england & ireland , in doctrine , worship , discipline , and government , according to the word of god , and the example of the best reformed churches , and according to the covenant . we are * so far from altering the fundamental government of this kingdom by king , lords & commons , that we have only desired , that with the consent of the king , such power may be setled in the two houses , without which we can have no assurance , but that the like , or greater mischiefs then those which god ●ath hitherto delivered us from , may break out again , and engage us in a second and more destruct● ve war ; whereby it plainly appears , our intentions are not to change the ancient frame of government within this kingdom , but to obtain the end of the primitive institution of all government , the safety & weal of the people ; not judging it wise or safe , after so bitter experience of the bloudy consequences of a * pretended power of the militia in the king , to leave any colourable autho●ity in the same for the future attempts of introducing an arbitrary government over this nation : we do declare , that we will not , nor any by colour of any authority derived from us , shall interrupt the † ordinary course of justice , in the several courts and judicatories of this kingdom , nor intermeddle in cases of private interest otherwhere determinable , unless it be in case of male-administration of justice ; wherein we shall see and provide , that right be done , and punishment inflicted , as there shall be occasion , according to the laws of the kingdom . lastly , whereas both nations have entred into a solemn league and covenant ; we have , and ever shal be very careful duly to observe the same : that as nothing hath been done , so nothing shall be done by us repugnant to the true meaning and intention thereof , &c. who will not depart from those grounds and principles , upon which it was framed and founded . though the generality of the afterwards-secured and secluded majority of the house of commons , endeavoured constantly to make good this declaration in all particulars ; yet how desperatly the garbled minority thereof , continuing in power after their seclusion , prevaricated , apostatized , and falsified their faith and engagements herein in every particle in the highest degree , we cannot but with greatest grief of heart , and detestation remember , to the subversion , ●uine of our king , lords , commons , kingdom , parliaments , fundamental laws , government , and the peoples liberties , &c. almost beyond all hopes of restitution or reparation in humane probability , without a miracle from heaven . the lord give them grace most seriously to consider of , repent , and really , sincerely , reform it now at last , and not still add drunkenness to thirst , lest they bring them to temporal and eternal condemnation for it in gods own due time , and engender endless wars , troubles , taxes , changes , confusions in our kingdoms , as they have hitherto done . by this full jury of parliamentary authorities , to omit many others of like or a inferiour nature , and less moment , it is undeniable ; that the people of england have both ancient fundamental rights , liberties , franchises , laws , and a fundamental government ; which like the laws of the medes and persians , neither may , or ought to be altered , violated , or innovated upon any pretence , but perpetually maintained , defended , with greatest care , vigilancy , resolution ; and he who shall still deny or oppugne it , deserves no refutation by further arguments , since it is a received maxime in all arts , contra principia negant●●● , non est disputandum ; but rather demerits a sentence of cond●●nation , and publike execution at tyburn , as a common enemy , traytor to our laws , liberties , nation ; it being no less then 〈◊〉 transcendent crime , and high treason by our laws , for any person or persons , secretly or openly , to attempt the 〈◊〉 or subversion of our fundamental laws , rights , liberties , government , especially by fraud , treachery , force , or armed power and violence ( the later part of my first proposal ) which i shall now confirm by these twelve following presidents and evidences , corroborating likewise the former part , that we have such fundamental laws , liberties , rights , franchises , and a fundamental government too . in the b fifth year of king richard the second , the vulgar rabble of people and villains in kent , essex , sussex , norfolk , cambridgeshire , and other countreys , under the conduct of wat tyler , jack straw and other rebels , assembling together in great multitudes , resolved by force and violence to abrogate the law of villenage , with all other lawes they disliked , formerly setled ; to burn all the records , kill and beh●ad all : he judges , iustices , and men of law of all sorts , which they could get into their hands ; to burn and destroy the innes of court , ( as they did then the new temple , where the apprentices of the law lodged , burning their monuments and records of law there found ) to alter the tenures of lands , to devise new laws of their own , by which the subjects shold be governed , to change the ancient hereditary , monarchicall government of the realm , and to elect petty elective tyrannies and kingdoms to themselves in every shire : ( a project eagerly prosecuted by some anarchical anabaptists , jesuits , and levellers very lately , ) and though withall they intended to destroy the king to last , and all the nobles too , when they had gotten sufficient power , yet at first to cloak their intentions for the present , they took an oath of all they met ; quod regi & communibus fidelitatem servarent , that they should keep allegeance and faith to the king and commons ; this their resolution and attempt thus to alter and subvert the laws & government , upon full debate in the parliament of . r. . n , . was declared to be high treason , against the king and against the law , for which divers of the chief actors in this treasonable design were condemned and executed , as traitors , in several places , and the rest enforced to a publike submission , and then pardoned . . in the a parliament xl . r. . ( as appears by the parliament rolls and printed statutes at large ) three privie coun●cellors , the archbishop of york , the duke of ireland , and earl of suffolk , the bishop of exeter the kings confessor , five knights , six judges , ( where of sir robert trisilian , chief justice was one ) blake of the kings councel at law , vsk and others , were impeached and condemned of high treason , some of them executed as traytors , the rest banished , their lands and goods ferfeited , and none to endeavour to procure their pardon , under pain of felony , for endeavouring to overthrow a commission for the good of the kingdome , and contrary to an act of parliament of force of arms and opinions in law delivered to the king , tending to subvert the laws and statutes of the realm , overthrow the power , priviledges , and proceedings of parliament , and betray ( not all the house of lords , but only ) some of the lords of parliament , which judgment being afterwards reversed in the forced , and packed parliament of . r. . was reconfirmed in the parliament of h. . c . , . and the parliament of . r. . totally repealed , and adnulled for ever , and hath so continued . . in the a parliament of r. . n , . and pas. . r. . b. r s. rot . sir thomas talbot was accused and sound guilty of high treason for conspiring the death of the dukes of glocester , lancaster and other peers , who maintained the commission confirmed by act of parliament , x r. . and assembling people in a warlike manner in the county of chester , for the effecting of it , in destruction of the estates of the realm ; and of the lawes of the kingdome . . in the . year of king henry the sixth , jack cade , under a pretence to reform , alter , and abrogate some laws , purveyances and extortions importable to the commons ( whereupon he was called john amend all ) drew a great multitude of kentish people to black heath in a warlike manner to effect it : in the parliament of . h. . c. . this was adjudged high treason in him and his complices ; by act of parliament : and the parliament of . h. . c , . made this memorable act against him , and his imitators in succeeding ages ; worth serious perusual and consideration by all who tread in his footsteps and over-act him in his treasons . whereas the most abominable tyrant , horrible , odious , and erraut false traitor , iohn cade , calling himself sometimes mortimer , sometime captain of kent , ( which name , fame , acts and feats , to be removed out of the speeh and mind of every faithful christian man , perpetually , ) fasly and trayterously purposing and imagining the pertual destruction of the kings person and finall subversion of this realm , taking upon him * royall power , and gathering to him the kings people in great number , by false , svbtil , imagined langvage , and seditiously made a stirring rebellion , and insurrection , under colour of justice for reformation of the laws of the said king , robbing , slaying , spoiling a great part of his faithfull people : our said soveraign lord the king , considering the promises with many other , which were more odious to remember , by advice and assent of the lords spirituall and temporall , and at the reqvest of the commons , and by authority aforesaid , hath ordained and established , that the said iohn cade shal be had named and declared a false traytor to cur said soveraign lord the king ; and that all his tyranny , acts , facts , false opinions , shall be voyded , abated , adnulled , destroyed , and put out of remembrance for ever , and that all indictments in time coming , in like case under power of tyranny , rebellion and stirring had , shall be of no regard , nor effect , but void in law : and all the petitions * delivered to the said king in his last parliament holden at westminster , the sixth day of november , the , of his reign , against his mind , by him not agreed , shall be taken and put in oblivion out of remembrance , undone , voided , adnulled and destroyed , for ever as a thing purposed against god and his couscience , and against his royall estate and preheminence , and also dishonourable , and unreasonable . . in the a year of king henry the . william bell and thomas lacy , in the county or kent conspired with thomas cheyney ( the hermite of the queen of fairies ) to overthrow the laws and cvstoms of the realm : for effecting whereof , they with . more met together , and concluded upon a cause , or raising greater forces in kent , and the adjacent shires , this was adiudged high treason , and some of them executed as traytors , moreover it b was resolved by all the judges of in the reign of henry s. that an insurrection against the statute of labourers , or for the inhansing of salaries and wages was treason , a levying war against the king , because it was generally against the kings law , and the offenders tooke upon them the reformation thereof , which subjects by gathering of power , ought not to do . . on a december . in the . yeer of king henry the . sir thomas moor , lord chancellor of england , with . more , lords of the privy councel , iohn fitz iames , chief justice of england , and sir anthony fitzherbert , one of the judges of the common pleas , exhibited sundry articles of impeachment to king henry the . against cardinall wolsy , that he had by divers and many sundry ways and fashions committed high treason , and notable grievous offences , misusing , altering and subverting the order of his graces laws , and otherwise ; contrary to his high honour , prerogative , crown , estate and dignity royall , to the inestimable great hinderance , dimunition and decay of the universal wealth of this his graces realm . the articles are . in number : the , , , , , , , . contain , his illegal , arbitrary practices and proceedings to the subversion of the due course and order of his graces laws , to the undoing of a great number of his loving people . whereupon they pray , please therefore your most excellent majesty of your excellent goodness towards the weal of this your realm , and subjects of the same , to see such order and direction upon the said lord cardinal , as may bee to terrible example of others , to beware to offend your grace and your lawes hereafter : and that he be so provided for , that he never have any power , jurisdiction or authority hereafter , to trouble , vex , or impoverish the commonwealth of this your realm ; as he hath done heretofore , to the great hurt and dammage of every man almost , high and low . his * poysoning himself prevented his iudgment for these his practises . . the b statute of . marie● . . enacts , that if . or more shall endeavour by force to alter any of the laws or statutes of the kingdome : the offender shall from the time therein limited be adjudged onely as a felon : whereas it was treason before , but this act continuing but till the next parliament , and then expiring , the offence remains treason as before . . in the a . of queen elizabeth divers in the county of oxford consulted together , to go from house to house , in that county , and from thence to london and other parts to excite them to take arms for the throwing down of inclosures throughout the realm ; nothing more was prosecuted , nor assemblies made ; yet in easter term . elizabeth , it was resolved by all the judges of england ( who met about the case ) that this was high treason , and a levying warre against the queen , because it was to throw down all inclosures throughout the kingdome to which they could pretend no right , and that the end of it was to overthrow the laws and statutes for inclosures . whereupon bradshaw and bvrton ( two of the principall offenders ) were condemned and executed at aic●ston hill in oxfordshire , where they intended their first meeting . . to come nearer to our present times and case . in the last parliament of king charls . anno ● . b the whole house of commons impeached thomas earle of stafford , lord deputy of ireland of high treason , amongst other articles , for this crime especially ( wherein all the other centred , ) that he treasonably endeavoured by his words , actions and counsels , to subvert the fundamentall lawes of england , and ireland , and introduce an arbitrary and tyrannicall government . this the whole parliament declared and adjudged to be high treason , c in and by their votes , and a speciall act of parliament for his attainder ; for which he was condemned and soon after executed on tower hill as a traytor to the king and kingdome , may ● . . the whole house of common● the same parliament impeached ` william l●●d archbishop of canterbury , of high treason , in these 〈…〉 . first , that he hath traytorously endeavoured 〈…〉 fundamental lawes and government of this kingdome of england , and instead thereof to introduce an arbitrary and tyrannical government against law : and hee to that end hath wickedly and traiterously advised his majesty , that hee might at his own will and pleasure , levy and take money of his subjects without their consent in parliament , and this hee affirmed was warrantable by the law of god . secondly , he hath for the better accomplishment of that his trayterous design , advised and procured sermons and other discourses , to be preached , printed and published , in which the authority of parliaments , and the force of the laws of this kingdome have been denyed , and absolute and unlimited power over the persons and estates of his majesties subjects maintained and defended , not onely in the king , but in himself , and other bishops against the law . thirdly , he hath by letters , messages , threats and promises , and by divers other ways to judges , and other ministers of justice , interrupted , perverted , and at other times by means aforesaid hath endeavoured to interrupt and pervert the course of justice in his majesties courts at westminster and other courts , to the subversion of the lawes of this kingdome , whereby sundry of his majesties subjects have been stopt in their just suits , deprived of their lawfull rights , and subjected to his tyrannicall will , to their ruine and destruction . fourthly , that he hath trayterously endeavoured to corrupt the other courts of justice , by advising and procuring his maiesty to sell places of judicature , and other offices , contrary to the laws and customes in that behalf . fifthly , he hath trayterously caused a book of canons to be compiled and published , without any lawfull warrant and authority in that behalf ; in which pretended canons many matters are contained , contrary to the kings prerogitive , to the fundamentall laws and statutes of this realm , to the rights of parliament , to the property , and liberty of the subject , and matters tending to sedition and of dangerous consequence ; and to the establishing of a vast , unlawful , presumptuous power in himself and his successors , &c. seventhly , that he hath trayterously endeavoured to alter & subvert gods true religion by law est ablished , and instead thereof to set up popish religion and idolatry , and to that end hath declared , and maintained in speeches and printed books , divers popish doctrines , and opinions , contrary to the articles of religion , established by law . hee hath urged and enjoyned divers popish and superstitious ceremonies , without any warrant of law ; and hath cruelly persecuted those who have opposed the same , by corporal punishments , and imprisonments , and most unjustly vexed others , who refused to conform thereunto by ecclesiastical censures , excommunication , suspension , deprivation , and degradation , contrary to the laws of this kingdome . . he did by his own authority and power , contrary to law , procure sundry of his majesties subjects , and enforced the clergy of this kingdome to contribute towards the maintenance of the war against the scots . that to preserve himselfe from being questioned for these and other his trayterous courses , hee hath laboured to subvert the rights of parliament , and the ancient course of parliamentary proceedings , and by false and malicious slanders to incense his majesty against parliaments . all which being proved against him at his tryall , were after solemn argument by mr. samuel brown in behalf of the commons house proved , and soon after adjudged , to be high treason at the common law , by both houses of parliament ; and so declared in the ordinance for his attainder : for which he was condemned and beheaded as a traytor against the king , law , and kingdom , on tower-hil , january . . . in the a same parliament , december . ian. : february . . and iuly . . sir john finch , then lord keeper , chief justice bramston , judge berkley , judge●crawley , chiefe baron davenport , baron weston , and baron turnour , were accused and impeached by the house o● commons , by several articles transmitted to the lords of high treason , for that they had traitorously and wickedly endeavoured to subvert the fundamentall laws and established government of the realm of england ▪ and instead thereof to introduce an arbitrary and tyrannicall government against law ; which they had declared by traiterous and wicked words , opinions judgment , and more especially in this their extrajudical opinion subcribed by them in the case of ship-money , viz. we are of opinions that when the good and safety of the kingdome in general is concerned , and the whole kingdome in danger ; your majesty may by wr●● under the great seal of england ( without consent in parliament ) command all your subjects of this your kingdome , at their charge to provide and furnish such a number of ships , with men victual and ammunition , and for such time as your majesty shall think fit , for the defence and safeguard of the kingdome , from such danger and peril : and we are of opinion , that in such case , your majesty is the sole judge both of the danger and when , and how , the same is to be prevented and avoided ; and likewise for arguing and giving judgment accordingly in master iohn hampdens case , in the exchequer chamber , in the point of ship money in april . which said opinions are destructive to the fundamentall laws of the realm , the subjects right of propriety ; and contrary to former resolutions in parliament , and the petition of right ; as the words of their several impeachments run . sir john finch fled the realm to preserve his head on his shoulders some others of them died through fear , to prevent the danger soon after their impeachments and the rest put to fines , who were less peccant . . mr. iohn pim , in his declaration upon the whole matter of the charge of high treason against thomas earle of stafford , april . . before a committee of both houses of parliament in westminster hall ; printed and published by order of the house of commons , proves his endeavour to subvert the fundamentall law of england , and to introduce an arbitrary power ; to be high treason , and an offence very hanious in the nature , and mischievous in the effects thereof ; which ( saith he ) will best appear , if it be examined by that universall and supream law , salus populi : the element of all lawes , out of which they are derived : the end of all lawes , to which they are designed , and in which they are perfected . . it is an offence comprehending other all offences . here you shall finde severall treasons , murthers , rapins , oppressions , perjuries . there is in this crime , a seminary of all evills , hurtfull to a state ; and if you consider the reasons of it , it must needs be so . the law , is that which puts a difference betwixt good and evill : betwixt just and unjust . if you take away the law , all things wiill fall into confusion ; every man will become a law to himself , which in the depraved condition of humane nature must needs produce many great enormities . * lust will become a law , and envy will become a law , covetousnesse and ambition will become lawes ; and what dictates , what decisions such lawes will produce , may easily be discemed in the late government of ireland , ( and england too since this . ) the law hath a power to prevent , to restrain , to repair evils : without this all kinds of mischiefes and distempers will break it upon a state . it is the law that doth the king to the alegiance and service of his people : it intitles the people to the portection and justice of the king , &c. the law is the bondary , the measure betwixt the kings prerogative , and the peoples liberty , whiles these move in their own orb , they are a support and security to one another : but if these bounds be so removed that they enter into contestation and conflict , one of these mischiefs must needs ensue . if the prerogative of the king overwhelme the liberty of the people , it will be turned into tyranny : if liberty undermine the peprogative it will turne into anarchy . the law is the safegard , the custody of all private interests , your honours , your lives , your liberties , and estates are all in the keeping of the law , without this every man hath a like right to any thing : and this is the condition into which the irish were brought by the earle of strafford , ( and the english by others who condemned him . ) and the reason which he gave for it , hath more mischiefe than the thing it selfe : they are a conquered nation ( let those who now say the same of england , as well as scotland , and ireland , consider and observe what follows , ) there cannot be a word more pregnant and fruitfull in treason , then that word is , there are few nations in the world , that have not been conquered , and no doubt but the conquerour may give what laws he please , to those that are conquered . but if the succeeding acts and agreements do not limit & restrain that right , what people can be secure ? england hath been conquered , and wales hath been conquered ; and by this reason will be in little better case then ireland . if the king by the right of a conquerour give lawes to his people , shall not the people by the same reason be restored to the right of the conquered , to recover their liberty if they can ? what can be more hurtfull , more pernicious than such propositions as these ? . it is dangerous to the kings person : and dangrous to his crown : it is apt to cherish ambition , usurpation and oppression in great men : and to beget sedition , discontent in the people , and both these have been , and in reason must ever be causes of great trouble and alterations to prince and state . if the histories of those easterne countries be perused , where princes order their affaires according to the mischievous principles of the earle of straffords loose and absolved from all rules of government ; they will be found to be frequent in combustions , full of massacres , and of the tragicall end of princes . if any man shall look into our own stories in the times , when the laws were most neglected , he shall finde them full of commotions , of civil distempers : whereby the kings that then raigned were alwayes kept in want and distresse , the people consumed with civill warres ; and by such wicked counsels as these , some of our princes have been brought to such miserable ends , as * no honest heart can remember without horror and earnest prayer , that it may never be so again . . as it is dangerous to the kings person and crown , so it is in other respects very prejudiciall to his majesty , in honour , profit and greatnesse ( which he there proves at large , as you may there read at leasure ) and yet these are the guildings and paintings , that are put upon such counsells : these are for your honour , for your service . . it is inconsistent with the peace , the wealth , the prosperity of a nation . it is destructive to justice , the mother of peace : to industry , the spring of wealth ; to valour , which is the active vertue , whereby the prosperity of a nation can onely be procured , confirmed , and enlarged . it is not onely apt to take away peace , and so intangle the nation with warres , but doth corrupt peace , and powres such a malignity into it , as produceth the effects of warre : both to the * nobility and others having as little security of their persons or estates , in this peaceable time , as if the kingdome had beene under the fury and rage of warre . and as for industry and valour , who will take paines for that , which when he hath gotten , is not his own ? or who fights for that wherein he hath no other interest , but such as is subject to the will of another ? &c. shall it be treason to embase the kings coine ; though but a piece of twelve pence or six pence , and must it not needs be the effect of greater treason to * embase the spirits of his subjects , and to set a stamp and character of servitude upon them , whereby they shall be disabled to do any thing for the service of the king or common wealth ? . in times of sudden danger , by the invasion of an enemy , it will disable his majesty to preserve himself and his subjects from that danger . when warre threatens a kingdome , by the comming of a forreign enemy , it is no time then to discontent the people , to make them weary of the present government , and more inclinable to a change . the supplies which are to come in this way , will be unready , uncertain ; there can be no assurance of them , no dependence upon them , either for time or proportion . and if some money be gotten in such a way , the distractions , the divisions , distempers , which this cause is apt to produce , will be more prejudiciall to the publick safty , than the supply can be advantageous to it . . this crime is contrary to the pact and covenant between the king and his people , by mutall agreement and stipulation , confirmed by oath on both sides . . it is an offence that is contrary to the ends of government . . to prevent oppressions ; to * limit and restraeine the excessive power and violence of great men : to open passages of justice with indifference towards all . . to preserve men in their estates , to secure them in their lives and liberties . . that vertue should be cherished , and vice suppress●d : but where laws are subverted , and arbitrary and unlimited power set up ; a way is open not onely for the security , but for the advancement and incouragement of evill . such men as are * aptest for the execution and maintenance of this power are onely capable of preferment , and others , will not be instruments of any unjust commands , who make conscience to doe any thing against the law of the kingdome , and libbeties of the subject , are not only not passable for imployment ; but subject to much jealousy and danger , ( is not this their condition of late and present times ? expertus quor . ) . that all accidents and events , all counsels , and designs , should be improved to the publick good . but this arbitrary power is apt to dispose all to the maintenance of it self . and is it not so now ? . the treasons of subversions of the lawes , violation of liberties can never be good or justifiable by any circumstance or occasion , being evil in their own nature , how specious or good so ever they be pretended . he alledgeth it was a time of great necessity and danger , when such counsels were necessary for the preservation of the state , ( the plea since , and now used by others , who condemned him : ) if there were any necessity it was of his own making . he by his evill counsel had brought the king ( as others the kingdome since ) into a necessity ; and by no rules of justice can be allowed to gain this advantage to his justification ; which is a great part of his offence . . as this is treason in the nature of it , so it doth exceed all other treasons in this ; that in the designe and endeavour of the authour , it was to be a constant and permanent treason ; a standing , perpetuall treason , which would have been in continuall act , not determined within one time or age , but transmitted to posterity , even from generation to generation . and are not others treasons of late times such , proclaimed such , in and by their owne printed papers , and therein exceeding straffords ? . as it is a crime odious in the nature of it , so it is odious in the judgement and estimation of the law . to alter the settled frame and constitution of government in any state . ( let those consider it who are guilty of it in the highest degree , beyond strafford , canterbery , or the shipmoney judges in our own state ) the lawes whereby all parts of a kingdom : are preserved , should be very vaine and defective , if they had not a power to secure and preserve themselves . the forfeitures inflicted for treason by our law , are of life , honour , and estate , even all that can be forfeited : and this prisoner , although he should * pay all these forfeitures , will still be a debtor to the common wealth . nothing can be more equall , then that he should perish by the justice of the law , which he would have subverted . neither will this be a new way of blo●d . there are marks enough to trace this law to the very originall of this kingdome . and if it hath not been put in execution , as he alledgeth this yeares ; it was not for want of law , but that all that time had not bred a man * bold enough to commit such crimes as these : which is a circumstance much aggravating his offence , and making him no lesse liable to punishment , because he is the * onely man , that in so long a time hath ventured upon such a treason as this . thus far mr. john pym ; in the name and by the order and authority of the whole commons house in parliament , which i wish all those , who by their words , actions , counsels ( and printed publications too , have trayterously endeavored to subvert the fundamentall lawes , liberties of england and ireland , and to introduce an arbitrary and tyrannical government against law , as much as ever strafford did , and out stripped him therein , ( ever since his execution ) in all particulars , for which he was beheaded ; would now seriously lay to heart , and speedily reform , lest they equall or exceed him conclusion , in capitall punishments for the same , or endlesse hellish torments . the next authority i shall produce in point is , the speech and declaration of mr. oliver st. john at a conference of both houses of parliament , concerning ship-mony upon judge finches impeachment of high treason , january . . printed by the commons orders , london , . wherein he declares the sense of the commons . p. . &c. that by the judges opinions ( forecited ) concerning ship-mony the fundamental laws of the realm concerning our property and our persons are shaken . whose treasonable offence herein , he thus aggravates . p. . &c. the judges , as is declared in the parliament of r. . are the executors of the statutes , and of the judgements and ordinances of parliament . they have here made themselves the * execvtioners of them : they have endevoured the destrvction of the fvnd amentals of ovr laws and liberties . holland in the low-countries lies under the sea : the superficies of the land , is lower than the superficies of the sea . it is capitall therefore for any man to cut the banks , because they defend the country . besides our own , even forreign authors , as comines observes , that the statute de tallagio , and the other old laws are the sea walls and banks , which keep the commons from the inundation of the prerogative . these * pioners have not onely undermined these banks , but they have levelled them even with the ground . if one that was known to be hostis patriae , had done this , thought the dammage be the same , yet the guilt is lesse ; but the conservatores riparum , the overseers instructed with the defence of these banks , for them to destroy them ; the breach of trust aggravates , nay alters the nature of the offence . breach of trust , though in a private person , and in the least things , is odious amongst all men : much more in a publick person , in things of great and publick concernement , because * great trust binds the party trusted to greatest care and fidelity . it is treason in the constable of dover-castle to deliver the keys to the known enemies of the kingdome , because the castle is the key of the kingdome : whereas if the house-keeper of a private person , deliver possession to his adversary , it is a crime scarce punishable by law . the * judges under his majesty , are the persons trusted with the laws , and in them with the lives , liberties and estates of the whole kingdome . this trust of all we have , if primarily from his majesty , and * in him delegated to the judges . his majesty at his coronation is bound by his oath to execute justice to his people according to the laws , thereby to assure the people of the faithfull performance of his great trust : his majesty again , as he trusts of judges with the performance of this part of his oath ; so doth he likewise exact another oath of them , for their due execution of justice to the people , according to the laws : hereby the judges stand intrusted with this part of his majesties oath . if therefore the judges shall do wittingly against the law , they do not onely break their own oaths , and therein the common faith and trust of the whole ki●●dome , but do as much as in them lies , sperse and blemish the sacred person of his majesty with the odious and hateful fin of * perjury . my lords , the hainousnesse of this offence is most legible in the * severe punishment which formour ages have inflicted upon those judges , who have broken any part of their oaths wittingly , though in things not so dangerous to the subject , as in the case in question . * sir thomas wayland , chief justice of the common-pleas , e. . was attainted of felony for taking bribes , and his lands and goods forefeited , as appears in the pleas of parlament , e. . and he was banished the kingdome , as unworthy to live in the state against which he had so much offended . * sir william thorp chief justice of the kings bench in edward the thirds time , having of five persons received five severall bribes , which in all amounted to one hundred pounds , was for this alone , adjudged to be hanged , and all his goods and lands forfeited : the reason of the judgement is entered in the roll in these words . quia praedictus wilielmus * throp qui sacramentum domini regis erga populum suum habuit ad custodiendum , fugit malitiosè falsò & rebeliter , quantum in ipso suit , there is a notiable declaration in that judgement , that this judgement was not to be drawn into example , against any other officers , who should break their oaths , but onely against those , qui predictum sacramentum fecerunt , & fregerunt , & * habent leges angliae ad custodiendum : that is onely to the judges oaths , who have the laws intrusted unto them . this judgement was given . e. . the next year in parliament e. . numb. . it was debated in parliament , whether this judgement was legall ? et nullo contradicente , is was declared , to be just and according to the law : and that the * same judgement may be given in time to come upon the like occasion . this case is in point , that it is death for any judge wittingly , to break his oath in any part of it . this oath of thorp is entred in the roll , and is the same verbatim with the judges oath in e. . and is the same which the judges now take . ( and let those who have taken the same oath , remember and apply this president , lest others do it for them . ) your lordships will give me leave to observe the differences between that and the case in question . . that of thorp , was only a selling of the law by retail to those five persons ; for he had five severall bribes , of these five persons ; the passage of the law to the rest of the subjects for ought appears , was free and open . but these opinions are a conveyance of the law by wholesale , and that not to , but from the subject . . in that of thorp , as to those five persons , it was not an absolute den●all of justice , it was not a damming up , but a straightning only of the chanel . for whereas the judges ought judicium reddere , that is , the laws being the birthright and inheritance of the svbject , the judge when the parties in suit demand judgment , should re● dare , freely restore the right unto them ; now he doth not dare , but vendere , with hazard only of perverting justice ; for the party that buyes the judgement , may have a good and honest cause . but these opinions , besides that they have cost the subjects very dear , dearer then any , nay , i think i may truly say , then all the unjust judgements that ever have been given in this realm , witnesse the many hundred thousand pounds , which under colour of them have been levied upon the subjects , amounting to * seven hundred thousand pounds and upwards , that have been paid unto the treasurer of the navy , ( in sundry years ) besides what the subjects have been forced to pay sheriffes , sheriffes-bayliffes , ( and now an hundred times more to troopers , and souldiers , who forcibly levy their unlawfull contributions , and excises ) and otherwise ; which altogether as is conceived , amounts not to lesse then a million ( in five years space , whereas now we pay above two millions in taxes , imposts , excises , every year ) besides the infinite vexations of the subject by suits in law , binding them over , attendance at the councel table , taking them from their necessary imployments , in making sesses , and collections , and imprisonment of their persons ( all now trebled to what then ) i say besides what is past , to make our miseries compleat , they have as much as in them is made them endlesse ( as others since have done ) for by these opinions they have put vpon themselves and their successors , an impossibility of ever doing us right again , and an incapacity upon us of demanding it so long as they continue ( as the compilers of the late instrument , with . strings , intituled , the government of the common-wealth of england , &c. artic. , , , , , , , , , , , , , , , , , . have done , as far as they , and much beyond them . ) in that sore famine in the land of egypt , when the inhabitants were reduced to the next door to death ( for there they say , why should we die ? ) for bread , first they give their mony , next their flocks and cattle , last of all their persons and lands for bread ; all became pharaohs ; but by this lex regia , there is a transaction made , not only of our persons , but of our bread likewise , wherewith our persons should be sustained ; that was for bread , this of our bread . for since these opinions , if we have any thing at all , we are not at all beholding to the law for it , but are wholly cast upon the mercy and goodnesse of the king . again , there the egyptians themselves , sold themselves , and all they had to the king , if ours had been so done ; if it had been so done by our own free consent in parliament , we had the lesse cause to complain : but it was done against our wills , and by those who were trusted , and that upon oath , with the preservation of these things for us . the lawes are our forts , and bulwarks of defence : if the captain of a castle , only out of fear and cowardize , and not from any compliance with the enemy surrender it , this is treason , as was adjudged in parliament , r. . in the two cases of comines and weston , and in the case of the lord gray , for surrendring barwick castle to the scots , in edward the thirds time , though good defence had been made by him , and that he had lost his eldest son in maintenance of the siege : and yet the losse of a castle ioseph not the kingdome , only the place and adjacent parts , with trouble to the whole . but by the opinions , there is a surrender made of all our legall defence of property : that which hath been preacht is now judged ; that there is no meum & tuum , between the king and people ; besides that which concerns our persons . the law is the temple , the sanctuary , whether subjects out to run for shelter and refuge : hereby it is become templum sine numine , as was the temple built by the roman emperour , who after he had built it , put no gods into it . we have the letter of the law still , but not the sense : we have the fabrick of the temple still , but the dii tutelares are gone . but this is not all the case , that is , that the law now ceaseth to aide and defend us in our rights , for then possession alone were a good title , if there were no law to take it away : occupanti concederetur , & melior esset possidentis conditio : but this : though too bad is not the worst : for besides that which is privitive in these opinions , there is somewhat positive . for now the law doth not only not defend us , but the law it self , ( by temporising judges and lawyers ) is made the instrument of taking all away . for whensoever his majesty or his successors , shall be pleased to say , that the good and safety of the kingdome is concerned , and that the whole kingdome is in danger , the when and how , the same is to be prevented , makes our persons and all we have liable to bare will and pleasure . by this means , the sanctuary is turned into a shambles ; the forts are sleighted , that so they might neither do us good nor hurt ; but they are held against us by those who ought to have held them for us , and the mouth of our own canon is turned upon our own selves : and that by our own military officers , souldiers , and others since , as well as the ship money judges then ) thus farre mr. oliver st. john ( by the commons order ) whose words i thought fit thus to transcribe at large , because not only most pertinent , but seasonable for the present times ; wherein as in a looking glasse , some pretended judges and grandees , of these present and late past times , may behold their own faces and deformities ; and the whole nation their sad condition under them . in the residue of that his printed speech , he compares the treason of the ship-money judges , and of sir robert tresylium and his complices in xi . r. . condemned and executed for traytors by judgement in parliament , for endevouring to subvert the lawes and statutes of the realm by their illegall opinions then delivered to king richard at nottingham castle , not out of conspiracy , but for fear of death and corporall torments wherewith they were menaced : whose offence he there makes transcendent to theirs then in six particulars , as those who please may there read at leisure , being over large to transcribe , i could here inform you , that the fundamentall lawes of our nation , are the same in the body politique of the realm , as the arteries , nerves , veins , are in , and to the naturall body , the bark to the tree ; the foundation to the house : and therefore the cutting of them asunder , or their subversion , must of necessity , kill , destroy , disjoyne and ruine the whole realme at once : therefore it must be treason in the highest degree . but i shall only subjoyn here some materiall passages , in his argument at law , concerning the attainder of high treason of thomas earl of strafford , before a committee of both houses of parliament in westminster hall , april . . soon after printed and published by order of the commons house : wherein p. . he laies down his position ; recited again , p. . that ( straffords ) endeavouring to subvert the fundamentall lawes and government of england and ireland , and instead thereof to introduce a tyrannicall government against law , is treason by the common-law . that treasons at the common-law , are not taken away by the statutes , by . e. . . h. . c. . . mar. c. . nor any of them . the authorities , judgements in and out of parliament which he cites to prove it , have been already mentioned , with some others he omitted ; i shall therefore but transcribe his reasons to evince it to be treason , superadded to those alledged by him against the ship money judges . pag. . it is a warre against the king ( let our military officers and souldiers consider it ) when intended . the alteration of the lawes or government in any part of them . this is a levying warre against the king ( and so treason within the statute of ▪ e ▪ . ) . because the king doth maintain and protect the lawes in every part of them . . because they are the kings lawes . he is the fountain from whence in their severall channels , they are derived to the subject . whence all our indictments run thus : trespasses laid to be done , contra pacem domini regis , &c. against the kings peace for exorbitant offences ; though not intended against the kings person ; against the king his crown and dignity . pag. . in this i shall not labour at all to prove , that the endevouring by words , counsels and actions , to subvert the fundamentall lawes and government of the kingdome is treason at the common law . if there be any common law treasons at all left , nothing treason if this not , to make a kingdome no kingdome . take the polity and government away , england's but a piece of earth , wherein so many men have their commerce and abode , without rank or distinction of men , without property in any thing further than in possession ; no law to punish the murdering , or robbing one another . pag. , , . the horridnesse of the offence in endeavouring to overthrow the lawes and present government , hath been fully opened before . the parliament is the representation of the whole kingdome , wherein the king as head , your lordships as the more noble , and the commons , the other members are knit together in one body polititick . this dissolved , the arteries and ligaments that hold the body together , the lawes . he that takes away the lawes , takes not away the allegiance of one subject only , but of the whole kingdome . it was made treason by the statute of . eliz. for her time to affirm , that the lawes of the realme doe not binde the descent of the crown . no law , no descent at all , no lawes no peerage , no ranks nor degrees of men , the same condition to all . it s treason to kill a judge upon the bench ; this kils not judicem sed jvdicivm . there be twelve men , but no law ; never a judge amongst them . it s felony to embezel any one of the judiciall records of the kingdome : this at once sweeps them all away and from all . it s treason to counterfeit a twenty shilling piece : here 's a counterfeiting of the law : we can call neither the counterfeit nor the true coin our own . it s treason to counterfeit the great seal for an acre of land : no property is left hereby to any land at all , nothing treason now , against king or kingdome ; no law to punish it . my lords , if the question were asked in westminster hall , whether this were a crime punishable in star chamber , or in the kings bench , by fine or imprisonment ? they would say , it were higher . if whether felony ? they would say , that is an offence only against the life or goods of some one , or few persons . it would i beleeve be answered by the judges , as it was by the chief justice thirning , r. . that though he could not judge the case treason there before him , yet if he were a peer in parliament ; he wovld so adjudge it . ( and so the peers did herein straffords , and not long after in canterburies case , who both lost their heads on tower hill . i have transcribed these passages of mr. oliver st. iohn at large for five reasons . . because they were the voice and sense of the whole house of commons by his mouth ; who afterwards owned and ratified them by their speciall order for their publication in print , for information and satisfaction of the whole nation , and terrour of all others who should after that , either secretly or openly , by fraud or force , directly or indirectly , attempt the subversion of all , or any of our fundamentall laws , or liberties , or the alteration of our fundamentall government , or setting up any arbytrary or tyranicall power , taxes , impositions , or new kinds of arbitrary judicatories , and imprisonments against these our lawes and liberties . . to mind and inform all such who have not only equalled , but transcended strafford and canterbury in these their high treasons , even since these publications , speeches , and their exemplary executions , of the hainousnesse , in excusablenesse , wilfulnesse , maliciousnesse , capitalnesse of their crimes ; which not only the whole parliament in generality , but many of themselves in particular , so severely prosecut , condemned , and inexorably punished of late years in them : that so they may bewail , repent of , and reform them with all speed and diligence , as much as in them lies . and withall , i shall exhort them seriously to consider that gospel terrifying passage , rom. . , , . therefore thou art inexcusable o man , whosoever thou art that judgest ; for wherein thou judgest another , thou condemnest thy self , for thou that judgest , doest the same things . but we are sure that the judgement of god is according to truth against them which commit such things . and thinkest thou this , o man , that judgest them which do such things , and doest the same , that thou shalt escape the judgment of god . . to excite all lawyers , expecially such who of late times have taken upon them the stile and power of judges , to examine their consciences , actions , how far all or any of them have been guilty of these crimes and treasons , so highly agravated , and exemplarily punished of former and latter times , in corrupt , cowardly time-serving , degenerate lawyers and judasses , rather then judges , to the disgrace of their profession , and prejudice of the fundamentall lawes , liberties , rights , priviledges of our nation , peers , parliaments , subversion of the fundamentall government of this famous kingdome , whereof they are members . . to instruct those jesuited anabaptists , levellers and their factors ( especially john canne , and the rest of the compilers , publishers , abetters of the pamphlet intituled , lieutenam colonel lilburn , tryed and cast , and other forementioned publications : ) who pro●es●edly set themselves by words , writing , counsels and overt acts to subvert both our old fundamentall ( and all other laws ) liberties , customes , parliaments and government , what transcendent malefactors , traytors and enemies they are to the publick , and what capitall punishments , they may thereby incurre , as well as demerit , should they be legally prosecuted for the same ; and thereupon to advise them timely to repent of , and desist from such high treasonable attempts . . to clear both my self and this my seasonable defence of our fundamentall lawes , liberties , government , from the least suspition or shadow of faction , sedition , treason , and enmity to the publick peace , weal , settlement of the nation , which those , ( and those only ) who are most factions and sediditious , and the greatest enemies , traytors to the publick tranquility , weal and establishment of our kingdome , ( as the premises evidence ) will be ready maliciously to asperse both me and it , with , as they have done some other of my writings of this nature ; with all which , they must first brand mr. st. john , mr. pym , the whole house of commons , the last two , with all other parliaments forecited , ere they can accuse , traduce , or censure me , who do but barely relate , apply their words and judgments without malice or partiality , for the whole kingdomes benefit and security . to these punctuall full jury of records and parliamentary authorities in point , i could accumulat sir edward cook his . institutes , p. . printed and authorised by the house of commons speciall order , the last parliament : the severall speeches of mr. hide , mr. walker , mr. pierpoint and mr. hollis ; july . . at the lords bar in parliament , by order of the commons house , at the impeachment of the shipmony judges of high treason , printed in diurnall oc●urrences , and speeches in parliament , london . p. . to . mr. samuel browns argument at law before the lords and commons at canterburies attainder ; all manifesting , their endevouring to subvert the fundamentall laws and government of the nation to be high treason ; with sundry other printed authorities to prove , that we have fundamental laws , liberties , rights , and a fundamentall government likewise , which ought not to be innovated , violated , or subverted upon any pretences whatsoever , by any power or prevailing faction . but to avoid prolixity , ( the double jury of irrefragable and punctuall authorities already produced , being sufficient to satisfie the most obstinate opposites formerly contradicting it ) i shall onely adde three swaying authorities more , wherewith i shall conclude this point . the first is a very late one , in a treatise intituled , a true state of the common wealth of england , scotland and ireland , and the dominions thereunto belonging , in reference to the late established government , by a lord protector and a parliament . it being the judgement of divers persons , who throughout these late troubles , have approved themselves faithfull to the cause and interest of god , and their country : presented to the publick , for the satisfaction of others . printed at london . who relating the miscarriages of the last assembly at westminster , use these expressions of them , p. , , , , , . but on the contrary , it so fell out in a short time , that there appeared many in this assembly of very contrary principles to the interest aforesaid , which led them violently on to attempt and promote many things , the consequence whereof woul● have been : a subverting of the fundamentall laws of the land , the destruction of property , and an utter extinguishment of the gospel . in truth their principles led them to a pulling down all and establishing nothing . so that instead of the expected settlement , they were running out into further anarchy and confusion . as to the laws and civil rights of the nation , nothing would serve them , but a totall eradication of the old , and introduction of a new : and so the good , old laws of england , ( the guardians of our lives and fortunes ) established with prudence , and confirmed by the experience of many ages and generations : ( the preservation whereof , was a principall ground of our late quarrel with the king ) having been once abolished , what could we have expected afterward , but an inthroning of arbitrary power in the seat of judicature , and an exposing of our lives , our estates , our liberties , and all that is dear unto us , as a sacrifice to the boundlesse appetite of m●er will and power , &c. things being at this passe , and the house ( through these proceedings ) perfectly disjointed , it was in vain to look for a settlement of this nation from them , thus constituted : but on the contrary , nothing else could be expected , but that the common-wealth should sink under their hands , and the great cause hitherto so happily upheld and maintained , to be for ever lost , through their preposterous management of these affairs , wherewith they had been intrusted . whereupon they justifie their dissolution , and turning them forcibly out of doores by the souldiers , with shame and infamy ; to prevent that destruction which thereby was coming on the whole land , but this new powder treason plot , set on foot by the jesuites and anabaptists , to destroy our laws , liberties , properties , ministers , and religion it self , at one blow , and that in the very parliament house , where they had been constantly defended , vindicated , preserved , established in all former ages by all true english parliaments . the second is , a the votes of the house of commons , concerning a paper presented to them , entituled an agreement of the people for a firm and present peace , upon grounds of common right . november , . viz. resolved upon the question , that the matters contained in these papers , are destructive to the being of parliaments , and to the fundamentall government of this kingdome , resolved , &c. that a letter be sent to the generall and those papers inclosed , together with the vote of this house upon them ; and that he be desired to examine the proceedings of this businesse in the army ( where it was first coined ) and return an accompt hereof to this house . these votes were seconded soon after with these ensuing votes , entred in the commons journall , and printed by their special order , . november , . a petition directed to the supream authority of england , the commons in parliament assembled , the humble petition of many free born people of england , &c. was read the first and second time . resolved upon the question , that this petition is , a sedititious and contemptuous avowing and prosecution of a former petition and paper annexed , stiled , an agreement of the people formerly adjudged by this house , to be destructive to the being of parliaments and fundamentall government of the kingdome . resolved , &c. that thomas prince cheesemonger , and samuel chidley , be forthwith committed prisoners to the prison of the gatehouse , there to remain prisoners during the pleasure of this house , for a seditious avowing and prosecution of a former petition , and paper annexed , stiled , an agreement of the people , formerly ajudged by this house to be destructive to the being of parliaments and fundamentall government of the kingdome . resolved &c. that jeremy jues , thomas taylor and william larnar , be forthwith committed to the prison of newgate , there to remain prisoners , during the pleasure of this house , for a seditious and contemptuous avowing and prosecution of a former petition and paper annexed , stiled , an agrement of the people , formerly adjudged by this house , to be destructive to the being of parliaments and fundamentall government of this kingdome . resolved , &c. that a letter be prepared and sent to the generall ; taking notice of his proceeding in the execution ( according to the rules of warre ) of a mutinous person ( avowing and prosecuting this agreement in the army contrary to these votes ) at the rendezvouz near ware ; and to give him thanks for it : and to desire him to prosecute that businesse the to bottome ; and to bring such guilty persons as he shall think fit , to condigne and exemplary punishment . resolved , &c. that the votes upon the petition and agreement annexed , and likewise the votes upon this petition be forthwith printed and published . after which by a speciall ordinance of both houses of parliament , december , . no person whatsoever , who had contrived , plotted , prosecuted or entred into that engagement inti●uled the agreement of the people declared to be destructive to the being of parliaments , and fundamentall government of the kingdome , for one whole year , was to be elected , chosen or put into the office or place of lord mayor or alderman , sheriffe , deputy of a ward , or common councel man of the city of london ; or to have a voice in the election of any such officer . all these particulars , with the capitall proceedings against white and others who fomented this agreement in the army , abundantly evidence the veriey of my foresaid proposition , and the extraordinary guilt of those members and souldiers , who contrary to their own votes , ordinances , proceedings and censures of others , have since prosecuted this , the like , or far worse agreement , to the destruction of our ancient parliaments and their priviledges , and the fundamentall government , laws and liberty of our nation , which i wish they would now sadly lay to heart . the third is the memorable statutes of . jacobi ch , , , and . which relating the old gunpowder treason of the jesuites and papists , and their infernal , inhumane , barbarous , detestable plot , to blow up the king , queen , prince , lords , commons , and whole house of peers with gunpowder , when they should have been assembled in parliament , in the upper house of parliament , upon the fifth of november , in the year of our lord . do aggravate the hainousnesse and transcendency thereof by this circumstance , that it was ( as some of the principall conspirators thereof confessed ) purposely devised and concluded to be done in the said house , that where sundry necessary and religious laws for preservation of the church and state were made ( which they falsely and standerously term , cruel laws enacted against them and their religion ) both place and persons should be all destroyed and blown up at once : and by these dangerous consequences if it had not been miraculously prevented , but taken effect . that it would have turned to the utter ruine , overthrow and subversion of the whole state and common-wealth of this flourishing and renowned kingdome and gods true religion therein established by law , and of our laws and government . for which horrid treason , they were all attainted , and then executed as traytors , and some of their heads , quarters , set up upon the parliament house for terrour of others . even so let all other traytors , conspirators against our fundamental laws , liberties , government , kings , parliaments , and religion , treading presumptuously in their jesuiticall footsteeps , * perish o lord , but let them who cordilally love , and strenuously maintain them against all conspirators , traytors , underminers , invaders whatsoever , be as the sun when he goeth forth in his might : that the land may have rest , peace , settlement again , for as many years at least , as it had before our late innovations , wars , confusions , by their restitution and establishment . chap. ii. having thus sufficiently proved , that the kingdome , and freemen of england , have some ancient , hereditary rights , liberties , franchises , priviledges , customes , properly called fvndamentall , as likewise a fundamentall government , no wayes to be altered , under mined , subverted , directly or indirectly , under the guilt and pain of high treason in those who attempt it ; especially by fraud , force , or armed power . i shall in the second place present you in brief propositions , a summary of the chiefest and most considerable of them , which our prudent ancestors in former ages , and our latest reall parliaments , have both declared to be , and eagerly contested for , as fundamentall and essentiall to their very being and well being , as a free people , kingdome , republick , unwilling to be enslaved under any yokes of tyranny or arbitrary power , that so the whole nation may the more perspicuously know and discern them , the more strenuously contend for them , the more vigilantly watch against their violations , underminings in any kind , by any powers , or pretences whatsoever ; and transmit , perpetuate them intirely to their posterities , as their best and chiefest inheritance . i shall comprise the summe and substance of them all in these . propositions ; beginning with the subjects property , which hath been more frequently , universally invaded , assaulted , undermined by our kings , and their evill instruments ; and thereupon more strenuously , frequently and vigilantly maintained , retained by our nobles , parliaments and the people in all ages ( till of late years ) than any or all of the rest put together , though every of them have been constantly defended , maintained , when impugned , or incroached upon by our ancestors and our selves . . that no tax , tallage , aid , subsidy , custome , contribution , loan , imposition , excise or other assessement whatsoever , for defence of the realm by land or sea , or any other publick ordinary , or extraordinary occasion , may or ought to be imposed , or levyed upon all or any of the freemen of england , by reason of any pretended or reall danger , necessity or other pretext ; by the kings of england , or any other powers , but onely with and by their common consent and grant , in a free and lawfull parliament duly summoned and elected : except onely such ancient , legall ayds , as they are specially obliged to render by their tenures , charters , contracts , and the common law of england . . that no freeman of england ought to be arrested , confined , imprisoned , in any private castles , or remote , unusuall prisons under souldiers or other guardians , but onely in usuall or common gaols , under sworn , responsible gaolers , in the county where he lives , or is apprehended , and where his friends may freely visit and relieve him with necessaries : and that onely for some just , and legall cause expressed in the writ , warrant , or processe , by which he is arre●●ed , or imprisoned ; which ought to be legally executed by known , legal , responsible sworn officers of justice , not unknown military officers , troopers , or other illegall catchpols , that no such freeman ought to be denied bail , mainprise , or the benefit of an habeas corpus , or any other legal writ for his enlargement , when bailable or incumpernable by law ; nor to be detained prisoner for any reall or pretended crime , not bailable by law , then untill the next generall or speciall gaol-delivery , held in the county where he is imprisoned ; where he ought to be legally tried and proceeded against , or else enlarged by the justices , without deniall or delay of right and justice . and that no such freeman may or ought to be outlawed , exiled , condemned to any kind of corporall punishment , losse of life or member , or otherwise destroyed or passed upon , but onely by due and lawfull processe , indictment , and the lawfull triall , verdict and judgment of his peers , according to the good old law of the land , in some usuall court of publick justice : not by and in a new illegall , military , or other arbitrary judicatories , committees , or courts of high justice , unknown to our ancestors . . that no freeman of england , unlesse it be by speciall grant and act of parliament may or ought to be compelled , enforced , pressed or arrayed to go forth of his own countrey ( much lesse out of the realm into forreign parts ) against his will in times of warre or peace , or except he be specially obliged thereto by ancient tenures and charters ; save onely upon the sudden coming of strang enemies into the realm , and then he is to array himself onely in such sort , as he is bound to do by the ancient laws and customs of the kingdome still in force . . that no freeman of england , may or ought to be disinherited , disseised , dispossed or deprived of any inheritance , freehold , liberty , custome , franchise , chattle , goods whatsoeuer without his own gift , grant , or free consent , unlesse it be by lawfull processe , triall and judgment of his peers , or speciall grant by act of parliament . . that the old received government , laws , statutes , customes , priviledges , courts of justice , legall processe of the kingdome and crown ought not to be altered , repealed , suppressed , nor any new from of government , law , statute , ordinance , court of judicature , writs , or legall proceedings instituted or imposed on all or any of the free men of england , by any person or persons , but onely in and by the kingdomes free and full consent in a lawfull parliament , wherein the legislative power solely resides . . that parliaments ought to be duly summoned , and held for the good and safety of the kingdome every year , or every three years at least , or so often as there is just occasion . that the election of all knights , citizens , and burgesses , to sit and serve in parliament ) and so of all other elective officers ) ought to be free . that all members of parliament hereditary or elective , ought to be present , and there freely to speak and vote according to their judgements and consciences , without any over-awing guards to terrifie them ; and none to be forced or secluded thence . and that all parliaments not thus duly summoned , elected whilst held , but unduly packed , and all acts of parliament fraudulently and forcibly procured by indirect means , ought to be nulled , repealed , as void , and of dangerous president . . that neither the kings nor any subjects of the kingdome of england , may or ought to be summoned before any forreign powers or jurisdictions whatsoever , out of the realm , or within the same , for any manner of right , inheritance , thing belonging to them , or offence done by them within the realm . . that all subjects of the realm are obliged by allegiance and duty to defend their lawfull kings , persons , crowns , the laws , rights and priviledges of the realm , and of parliament against all usurpers , traytors , violence , and conspiracies . and that no subject of this realm , who according to his duty , and allegiance shall serve his king in his warres , for the just defence of him and the land , against forreign enemies or rebels , shall lose or forfeit any thing for doing his true duty , service , and allegiance to him therein ; but utterly discharged of all vexation , trouble , or losse . . that no publick warre by land or sea ought to be made or levied with or against any forreign nation , or publick truce or league entred into with forreign realms or states , to bind the nation , without their common advice and consent in parliament . . that the ancient , honours , manors , lands , rents , revenues , inheritances , right , and perquisites of the crown of england , originally settled thereon for the ease & exemption of the people from all kind of tax●s , payments whatsoever ( unlesse in cases of extraordinary necessity ) and for defraying all the consant , ordinary , expences of the kingdome , ( as the expences of the kings houshold , court , officers , judges , embassadors , garisons , navy and the like ) ought not to be sold , alienated , given away or granted from it , to the prejudice of the crown and burdening of the people . and that all sales , alie nations , gifts , or grants thereof , to the empairing of the publick revenue , or prejudice of the crown and people , are void in law , and ought to be resumed , and repealed , by our parliaments and kings , as they have frequently been in all former ages . for the readers fuller satisfaction in each of these propositions ( some of which i must shew here , but briefly touch , for brevity sake , having elsewhere fully debated them in print ) i shall specially recommend unto him the perusall of such tracates , and arguments formerly published , wherein each of them hath been fully discussed , which he may peruse at his best leasure . the first of these fundamentalls ( which i intend principally to insist on ) is fully asserted , debated , confirmed by . h. . f. . by fortes●ue lord chief justice , and chancellour of england , de laudibus legum angliae , dedicated by him to king henry the f. . c. . f. ● . by a learned and necessary argument against impositions in parliament , of . jacobi : by a late reverend judge , printed at london . by mr. william hakewell , in his liberty of the subject against impositions , maintained in an argument in the parliament of . jacobi : printed at london . by judge crooks , and judge huttons arguments concerning shipmony both printed at london . by the case of shipmony briefly discussed london , . by mr. st. johns argument , and speech against shipmony , printed at london , . by sir edward cook in his . institutes , p. . and . to . and . to . by the . and . remonstrance of the lords and commons in parliament , against the commission of array . exact collection p. . to . and . to . and by my own humble remonstrance against shipmony , london , . the fourth part of the soveraign power of parliaments and kingdomes , p. . to . and my legall vindications of the liberties of england against illegall taxes , &c. london . and by the records and statutes cited in the ensuing chapter , referring for the most part to the first proposition . the second , third , and fourth of them are la●gely debated and confirmed by a conference desired by the lords , and had by a committee of both houses , concerning the rights and priviledges of the subject , . ap●ilis , . ca●ol●printed at london . by sir edward cook in his institutes on magna charta . c. . p. . to . by the . and . remonstrance of the lords and commons against the commission of array , exact collection p. . &c. . to . by judge crooks , and judge huttons arguments against shipmony : by sir robert cotton his posthuma p. . to . by my breviate of the prelates encroachments on the kings prerogative , and subjects liberties . p. . &c. my new discovery of the prelates tyranny , p. . to . and some of the ensuing statutes , and records . the fifth and sixth of them are fully cleared and vindicated in and by the prologues of all our councils , statutes , laws , before and since the conquest . by sir edward cooks . institutes ch. . mr. cromptons jurisdiction of courts . title , high court of parliament : my soveraign power of parliaments and kingdomes , p. , , , . my legal vindication against illegal taxes , and pretended acts of parliament , london prynne the member , reconciled to prynne the barrester , printed the same year . my historicall collection of the ancient great councils of the parliaments of england . london . my truth triumphing over falshood , antiquity over novelty . london . and some of the records hereafter transcribed . in this i shall be more sparing , because so fully confirmed in these and other treatises . the seventh is ratified by sir edward cooks . institutes , p. , . . institutes p. . and . report cawdries case of the kings ecclesiasticall lawes : and rastals abridgement of statutes . tit. provisors , praemunire and rome , . h. . c. . and other records and statutes in the ensuing chapter . the eighth and ninth are fully debated in my soveraign power of parliaments and kingdomes , part. . p. . to . part fourth , p. . to . and touched in sir robert cottons posthuma p. . to . how all and every of these fundamentall liberties , rights , franchises , lawes , have been unparalelledly violated , subverted , in all and every particular of late years beyond all presidents in the worst of former ages , even by their greatest pretended propugners ; their own printed edicts , instruments , ordinances , papers , together with their illegall oppressions , taxes , excises , imposts , rapines , violences , proceedings of all kinds , ( whereof i shall give a brief accompt in its due place ) will sufficiently evidence , if compared with the premised propositions . which abundantly confirm the truth of our saviours words , john . . . and this rule of johannis angelius , wenderhagen : politicae synopticae . lib. . c. . sect. . p. . hinc regulae loco notandum , quod omne regnum vi armata acquisitum in effectu subdit is semper in durioris servitutis conditiones arripiat , licet à principio ducedinem prurientibus 〈◊〉 videatur . ideo cunctis hoc cavendum , nè temrè 〈◊〉 patiantur . finis . notes, typically marginal, from the original text notes for div a e- a joh. . . cor. . . eph. . . ja. . ▪ b sam. . , . iob . ▪ . psal. , . & . . & . . prov. . . isa. . & . & . . & . , . ier. . . ephes. heb. . . & . & . . pet. . . c king. . & . . & . , . ezr. . & . ps. . . ezek. . . hag. . . zech. & . mat. ▪ , . luke . , . d isa. . . & , . psal. . . cor. . , , . heb. . . pet. . . rev. . . . e tim. . . heb. . , . f ier. . . micah . . , . l●ke . , . mat. . , . a lib. tryed and cast , p. , , , to ● ] canne's voice from the temple , which perswades the subversion and abolishing of all former lawes , especially for tythes & ministers support . a thes. ▪ b see exact collect and a general collect. 〈◊〉 ordinances , &c. c see culpeper's & lilly's merlins & almanacks , john can's voice , lib. tried and cast . with many petitions and pamphlets against the law and lawyers . the order of aug. . . that there should be a committe selected to consider of a new body of the law , for the government of this common-wealth . * summum jus , est summa injuria . cic. de offic●is , p. . a lib. tryed and cast , p. . , . to and elsewhere . john can●●'s voice from the temple . john rogers mene , 〈◊〉 , perex . p . lilly and culpeper in their prognostication : anno . & , , see the arimies proposals . b see math. par●s . p. . , & magna chart. . . ● h. . c. . & . e. . c. , &c. e , c. , &c cook●s instit. p. . not● see prop. & in chap . nota. * see cant. d●●m . p ▪ , , . d●urn . occu● rences , p. see propos. . in chap. . * o how are they now degenerated ! nota. * and should they not be so now , then ? * and shal we now at last fail herein ? ‖ how dare then any self-created powers who are neither kings nor parliaments now arrogate to themselves , or exercise such a super-regal arbitrary power and prerogative ? nota. * and o that we would follow it now again ! nota. * and do not those do so , who now lay monthly taxes , excizes , customs , and new-impost on us daily out of parliament , and that for many months and years yet to come , against the letter of their own instrument and oath too ? a see canterburies doom , p. . diurnal-occurrences , p. . b exact collection , &c. p. , . see chap. . p●oposition . . a exact collection , p. . , , . * do not the army-officers now enforce them to all this without a parliament ? * these expostulations reach to those at white-hall now , who presume to impose taxes , customs , excises , and make binding laws , which no kings there ever did in like nature , nor their counsels in any age . * exact collection , p. . a a collection of all publick orders , ordinances and declarations of parliament , p. , , , . * yet forcibly dissolved by the army , and some now in power , against their commissions , oaths , trusts , protestation , covenant , and an act of parliament for their continuance ; who may do well to peruse this clause . see chap. . proposition , . * how much more then , if the army , or army-officers shall do it , without question or exemplary punishment again and again , and justifie it still in print ? a a collection , &c. p. . b a collection , &c. p. , , . * and is not this now proved a real experimental truth , in some of these remonstants , to their shame ? * and can most of th●se remonstrants in late or present power , now say this in truth or reality ? and must no● they be utterly ashamed , confounded before god and men , when they consider how they have dissembled , prevaricated with god and men herein in each particular ? * and can the new modellers of our government over and over , who were parties to this declaration , and then members of the commons house , say so now ? or read this without blushing and self-abhorrence ? * is not a superintendent power in and over the army , above and against the parliament or people , far more dangerous and likely to introduce such an arbitrary government in the nation , if left in the general officers , or their councils power ? † did not the imposing a strange new engagement , and sundry arbitrary committees of indemnity , &c. interrupt it in the highest degree ; and the misnamed high courts of justice , and falsifie this whole clause ? a see the humble remonstrance against the illegal tax of ship-money , p. , , . the case of ship-money briefly discussed , p. . &c. englands birth-right , and other treatises . b wasingham , s●ow , holinshed , speed , grasten , baker , an : r : : john stows survay of london , p. to : mr: st. johns argument at law , at straffords attainder 〈◊〉 . a s●ow , holl●nshed , speed graston , baker in xi . r : : and : h : . s●atu●es at large , : and . r : : & h : . st : johns speech concerning the 〈◊〉 judges , p ▪ to : and argument at law , at straffords attainder . a mr. st. iohn at law against straffords attainder , p. : 〈◊〉 , . * and have not others of 〈◊〉 assumed to themselve ; more royal power 〈◊〉 resolved to be treason by . e. . 〈…〉 . not● . * to wit . by c●de and his confederates for the alteration of the laws , &c. a see mr. s● . iohns argument 〈…〉 b cooks institutes , p. . . a cooks institues , ch. . p. . ●● . * see speed hollinshed grafton s●ow antiquitates ecclesia , brit . p. . & . and goodwin in hi● life time . b mr. s iohns argument against stra●ford a cook inst. c. , , and m : st : johns argument at law , against strafford p. , . b see the journals of both houses , and act for his attainder , mr. pyms declaration upon the whole matter of the charge of high treason against him , april the . : m● . st : johos argument at law at his attainder , and diurnal occurrences . c see the commons and lords journals , his printed impeachment : mr: pyms speech thereat . canterburies d●●m , p : , ▪ , , ▪ see chap. . proposition . a see the commons and lords iournals , diurnal occurrences , p. . . . ▪ . to . and m. s. johns speech at a conference of both houses of parliament concerning shipmoney and these judges . together with the speeches of m●hide mr. walker , mr , pierpoint , mr. denzil hollis , at their impeachments , july . . aggravating their offences in diurnal occurrences and speeches . see ch. . proposition . 〈◊〉 . h●d are they not so now● ▪ nota. nota. * note this all whole commons-house opinion then . * is not this an experimental truth now ▪ * and were they ever so base , cowardly , slavish as now ? * was ever their power , violence so unlimited unbounded in all kinds as now ? * is it not most true of late and still ? nota. nota. * and others , as well as he , of farre inferiour place and estate . * but have not our times bred men much bolder then he , since this speech was made , and he executed ? * since he hath many followers . * have none done so since them ? see chap. . proposition . * have not others pioners and jasses done the like ? * this is now grown a mere paradox . * what are they now of late times of publick changes ? * see . h. . c. . . magna charta . c. . . . h. . c. . , . , ▪ ▪ e. . c. . , . ▪ e. . , . , , , . , . ▪ e ▪ . c. , . ▪ e. . c. , . . e ▪ . c. . ▪ e. . c. . ▪ e. . c. . ▪ e. ▪ c. . . rastal justices . * was it ever so frequent a sin as now in all sorts of late judges officers subjects ? * do none deserve as severe now ? * see cooks . instit. p. , , and f. . hollished p. . . speeds hystory p. . stow walsingham , daniel in . ed. . * see cooks . instit. p. . * have none of thi , name , or of his functian since done the like in an higher degree ? * let custodes legum & libertatum angliae remember it . * let the repater and others considr● it . * this is nothing in comparison to the late taxes or excises imposed on the subjects , without a parliament amounting to above times as much as the kings shipmo●y , and more frequent , uncessa● , and endless then it . a see my speech in parliament . p. . to . see speeds history , p. and mr. john vica●'s history of the gunpowder treason , and the arraignment of traytors . * judges . ● . the antient right of the commons of england asserted, or, a discourse proving by records and the best historians that the commons of england were ever an essential part of parliament by william petyt of the inner-temple, esq. petyt, 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[ ], , p. printed for f. smith, t. bassett, j. wright, r. chiswell and s. heyrick, london : . english and latin. reproduction of original in union theological seminary library, new york. marginal notes. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. -- house of commons. constitutional history -- great britain. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion the antient right of the commons of england asserted ; or , a discourse proving by records and the best historians , that the commons of england were ever an essential part of parliament . by william petyt of the inner-temple . esq . non nulli taedio investigandae veritatis cullibet opini●● potius igna●i succambunt , quàm explorandâ veritati pertinaci diligentiâ perseverare volunt . min. foelix . inter ●ericula veritatis & libertatis 〈◊〉 〈◊〉 . london , printed for f. smith , t. bassett , j. wright , r. chiswell , and s. heyrick , . to the right honourable arthur earl of essex , viscount maldon , baron capell of hadham , lord lieutenant of the county of hertford , one of his majesties most honourable privy-council , and first lord commissioner of his majesties treasury . my lord , there have been authors of modern times , who have in their writings , concerning the government of this kingdom , published to the world , that the commons of england ( as now phrased ) were no part of the antient commune concilium , or parliament of this nation , before the forty ninth year of h. . and then introduced by rebellion . a position when seriously weighed , equally wounds the peerage of england , since the same authors say , that there is no formal summons of the lords to parliament , found upon record before that time . after i had often considered so great a point , and having often read of the freedom of this nation , that no englishman could lose his right or property but by law , the life and soul of this so famous and so excellently constituted government , the best polity upon earth ( which when united in all its parts by prudent councils , made always the people happy at home in peace , and the crown ever victorious abroad in war ) i did resolve to take pains to search , if matters thus represented to the highest disadvantage and prejudice of the people of england , were true or false ; which i have industriously and impartially endeavoured , and hope with that clearness , that will evidence to all unbiassed judgments , the unsoundness of those opinions . when i had so done , being unwilling my labour should be to my self alone , and not to those who search after knowledge in these matters , to disabuse and prevent others from building upon such mistaken and dangerous foundations , i thought it not unseasonable to publish this discourse , wherein there is no record cited , but ( in my opinion ) equally asserts the right of the peers of this kingdom , as well as of the commons , and therefore have taken the boldness to send it into the world under your lordships protection , whom i know to be a great lover of truth , to which all mankind ought to pay allegiance . i should have had great satisfaction , if before it had been put to the press , it might have received your lordships judicious corrections and approbation , whose knowledge and industry in venerable antiquity , and all other useful learning , is well known unto the world. but this happiness i could not reasonably expect , your lordships time being so much taken up in the service of the crown , whereof your lordship is so eminent , and so great a pillar , as your honourable imployments both at home and abroad , do sufficiently demonstrate . i most humbly beg your lordships pardon for my presumption in this dedication , which fault i hope may be extenuated by the relation i have to your lordship in my profession , and being deprived of other means , publickly to shew my humble gratitude for the many favours your lordship has been pleased to confer upon , my lord , your lordships most humble , most faithful , and most obedient servant , w. petyt . the preface . my principal design in this following discourse , is impartially to vindicate the just honour of our english parliament from the calumnies and reproches of some late authors who have asserted , . that an essential part of that great council , viz. the commons of england , represented by the knights , citizens , and burgesses in parliament , were introduced and began an. h. . by rebellion . . that before that time the commons were never admitted to have any votes , or share in the making of laws for the government of the kingdom , nor to any communication in affairs of state. to discover and refute the unsoundness of the second position , and that the contrary may appear to be true , i shall before i come to answer the first , consider the second , and endeavour to prove , that during the brittish , saxon , and norman governments , the freemen or commons of england , as now called and distinguished from the great lords , were pars essentialis & constituens , an essential and constituent part of the wittena gemot , commune concilium , baronagium angliae , or parliament , in those ages . . under the brittish government . the brittons called their commune concilium , or parliament , kyfr-ythen then , because their laws were therein ordained ; and upon k. lucius his letter to pope elutherius , to send him the roman laws , the pope who could not be ignorant of the constitution and frame of the brittish polity , writes back to him , habetis penes vos in regno utramque paginam , ex illis dei gratia per concilium regni vestri sume legem , & per illam dei potentia vestrum rege britanniae regnum but what their laws and particular government were , is very uncertain , by reason that scripta patriae ( as gildas sayes ) scriptorumve monumenta ( si quae fuerint ) aut ignibus hostium exusta aut civium exulum classe longius deportata non comparent . the histories of our country ( if there were any ) are not to be found , being either burnt by the enemy , or carried beyond the seas by the banished brittons . yet this is certain , and not to be denied , that 〈◊〉 their elder time , the people or freemen , had a great share in their publick council and government . for dion cassius , or xipniline out of him in the life of severus assures us , apud hos i. e. britannos populus magna ex parte principatum tenet . . under the saxon government . it cannot be doubted but that the saxons who made themselves masters of the brittish nation , brought with them their country laws , and government ; and that the commons were an essential and constituent part of their commune concilium , tacitus tells us , de minoribus rebus principes consultant , de majoribus omnes , ita tamen ut ea quoque quorum penes plebem arbitrium est , apud principes praetractentur . after the saxon government became united and fixed under a sole christian monarch , they still continued and kept their antient wittena gemots , or parliaments , as now phrased , wherein they made laws and managed the great affairs of the king and kingdom , according to the plat-form of their ancestors . many authorities might be given to evidence this , i will instance in three or four . . then , we have that famous parliament summoned by king ethelbert , an. . which my author calls , commune concilium tam cleri quam populi . . about the year . king ina assembled a great council or parliament , wherein he made ecclesiastical laws concerning marriages , &c. and did other things , ad concordiam publicam promovendam per commune concilium & assensum omnium episcoporum , & principum , procerum , comitum & omnium sapientum seniorum & populorum totius regni . . and we read elsewhere , that the grand league and union between the brittons , saxons , and picts , was concluded and confirmed , per commune concilium & assensum omnium episcoporum , procerum , comitum & omnium sapientum seniorum & populorum & per praeceptum regis inae . . anno dom. . plegmundus cantuar. archiepiscopus unacum rege magnifico cognominato edwardo seniore concilium magnum episcoporum , abbatum , fidelium , procerum & populorum in provincia gewisorum ( in illa parte angliae quae in plaga australi sita est fluminis thamesis ) convocant , &c. unde salubriter constitutum est in hac synodo ut pro duobus episcopis quorum unus wintoniae , alter sireburniae sedem habuit , quinque crearentur antistites , ne grex domini pastorum cura orbatus luporum lanienae & voracitati subjicerentur ; and there were several other laws then made . william of malmsbury expresseth the saxon wittena gemott thus , generalis senatus & populi conventus & edictum . sir henry spelman : convenere regni principes tam episcopi quam magistratus liberique homines , consulitur de communi salute , de pace & bello & de utilitate publica promovenda . camden thus : quod saxones olim wittena gemot , nos parliamentum , & pananglicum recte dici possit , summamque & sacrosanctam authoritatem habet in legibus ferendis , confirmandis , antiquandis , interpretandis & in omnibus quae ad reipublicae salutem spectant . and so we find edward the confessor reforming and confirming the antient saxon laws , and making new ones , and that done à rege , baronibus & populo , as particularly in the law de apibus , how tythes ought to be paid of them , and other things . hence it is apparent and past all contradiction , that the commons in those ages were an essential part of the legislative power , in making and ordaining laws , by which themselves and their posterity were to be governed , and that the law was then the golden metwand and rule which measured out and allowed the prerogative of the prince and liberty of the subject , ( and when obstructed or denied to either , made the kingdom deformed and leprous . ) that great monarch aethelstan , in his prologue to his laws , made per commune concilium regni , thus declared and admitted ; ea mihi vos tantummodo comparatis velim quae juste ac legitime parare possitis . neque enim mihi ad vitae usum quicquam injuste acquiri cupiverim , etenim cum ea ego vobis lege vestra omnia benigne largitus sim , ut mea mihi vos itidem concedatis . i have past over the danish government , because i do not find that there was any great mutation , either of the council or laws of the english nation . it is true , king knute obtained the diadem or dominion of england ; but 't is as true he did not govern more victoris , as may evidently be proved , . from the form of penning his laws , they being ordained and confirmed , cum consilio & decreto archiepiscoporum , episcoporum , abbatum , comitum , aliorumque omnium fidelium , words of a large comprehension . . from his general law , or declaration of right to the english thus delivered to us by a faithful historian , william of malmesbury , who lived near those times . obtestor & praecipio meis consiliariis quibus regni consilia credidi , ne ullo modo aut propter meum timorem aut alicujus potentis personae favorem , aliquam injustitiam , amodò consentiant vel faciant pullulare in omni regno meo . praecipio etiam omnibus vicecomitibus & praepositis universis regni mei sicut meam volunt habere amicitiam aut suam salutem , ut nulli homini nec diviti vel pauperi vim injustam inferant , sed omnibus tam nobilibus quam ignobilibus sit fas justa lege potiundi , à qua nec propter favorem regium nec propter alicujus potentis personam , nec propter mihi congerendam pecuniam ullo modo deviant ; quia nulla mihi necessitas est , ut iniqua exactione pecunia mihi congeratur . after which the historian sayes : omnes enim leges ab antiquis regibus & maxime ab antecessore suo ethelredo latas sub interminatione regiae mulctae perpetuis temporibus observari praecepit , in quarum custodia etiam nunc tempore bonorum sub nomine regis edwardi juratur , non quod ille statuerit sed quod observaverit . . under the normans . king william the first . though william the conqueror got the imperial crown of england , and introduced several arbitrary laws , as new tenures , &c. yet did he never make such an absolute conquest , nor did the kingdom receive so universal a change , as our english modern authors ( as it were by a general consederacy , without examination of truth ) have published to the world , who father upon this revolution all the alterations which their conceits or fancies can imagine and suppose . thucydides saith , men receive the report of things , though of their own country , if done before their time , all alike , from one as from another , without any examination ; in like manner have those our historians been mistaken , by transcribing and patching out their histories one from another , so that in conclusion , with their own additions or comments , truth in many things is utterly lost . . the word conquestor or conqueror , did not in that age import or signifie what our late authors by flattery have since made it ; nor did it carry with it the enslaving of the nation , after that william had obtained the victory against harold , there being no more in the denomination of conqueror , than that after william had made claim to the crown from king edward the confessor , and harold opposed him , he was forced to get his right by battel against king harold ; and as to the word conquestus or conquest , mat. paris writes , rex angliae ex conquestu dicitur tamen , quod beatus edwardus , eo quod haerede caruit , regnum legavit willielmo bastardo duci normannorum . sir henry spelman in his glossary sayes , willielmus primus conquestor dicitur quia angliam conquisivit , i. e. acquisivit , purchased , non quod subegit . and sir john skene clerk of the register council , and rolls to king james in scotland , in his book , de verborum significatione , pag. . writes conquestus signifies lands quhilk ony person acquiris , and possessis privato jure , vel singulari titulo vel donatione vel singulari aliquo contractu . and therefore the learned knight , sir roger twi●den , who well understood the force of the word conquestus , in his preface before that kings laws , sayes , non existimo willielmum primum de omnium anglorum terris ad voluntatem suam & pro libitu in modum absolutae dominationis disposuisse . all which is most plain and justified infallibly by doomesday book , made in that kings reign , and in other subsequent records , where the title and claim of many common persons to their own and ancestors possessions , both in his time and in the time of the saxon kings , are clearly allowed ; but if king william had made an absolute and universal conquest of the realm in the modern sense , how could such titles have held , or who would or durst have made such claim , even against the king himself ? would he not have seized all into his own hands , and granted the conquered lands to others ? and his grant could not have been avoided by any englishman who had the inheritance and possession , and lived in peace before and at his coming in , and no title could be derived but from or under him , at least none could have been maintained against his grant. but that the contrary was true , will evidently appear if we consider , . that it is recorded in doomesday book , that king william had certain lands in demesne , viz. the lands which were in the hands of king edward , and entitled terrae edwardi regis , and other lands , which were forfeited to him by those who took part with harold , entitled terrae regis . . william the first having given away sharnborn in norfolk , to warren a great favourite , one of his normans ; edwinus de sharnborn , being an englishman , and true owner of the estate , demands his right in open court , before the king , upon this reason of law , that he never was against the king , either before or after he came in ; whereupon the king , vinculo juramenti astrictus , gave judgment of right against the norman , and sharnborn recovered the lordship . sir henry spelman out of an antient manuscript concerning the family of the sharnborns in norfolk , hath it thus . edwinus de sharborne & quidam alii qui ejecti fuerunt è terris suis , abierunt ad conquestorem & dixerunt ei quod nunquam ante conquestum , nec in conquestu nec post fuerunt contra ipsum regem in consilio & auxilio , sed tenuerunt se in pace . et hoc parati sunt probare quo modo ipse rex vellet ordinare . per quod idem rex fecit inquiri per totam angliam si ita fuit , quod quidem probatum fuit : propter quod idem rex praecepit ut omnes qui sic se tenuerunt in pace in forma praedicta , quod ipsi rehaberent omnes terras & dominationes suas adeo integre & in pace ut unquam habuerunt vel tenuerunt ante conquestum suum . this is cited almost as the only case or act of favour the conqueror did ; but that is a great mistake , for many other instances i could give of this nature , all acts of justice and right , as appears in doomesday book ; much more may be said upon this subject . i will only add the judicious assertion of a great lawyer and judge in edward the thirds time , admitted and agreed as a rule of law and truth , by the judges , and transmitted to posterity . le conqueror ( saith he ) ne vient pas pur ouster eux , qui avoient droiturell possession , mes de ouster eux que de lour tort avoient occupie ascun terre en desheritance del roy & son corone . it was spoken upon an objection made in a quo warranto against the abbot of peterborough , concerning a charter granted by king edgar to that abbey , which the kings council would have avoided upon this pretence for want of a better , because by the conquest all franchises were devolved and come to the crown . . king william claimed the english diadem , jure haereditario , from edward the confessor , which both his own laws , charters , and the charters of his two sons william and henry , do fully prove : there are some indeed that mention that he obtained the crown , ore gladii , but that must be understood quod jure belli contra harolaum ipse acquisivit , as a manuscript historian sayes . . he did not make an actual conquest by his arms ( when he came in ) of the fifth part of the nation , for the pope having sent him a consecrated banner , and a bull of excommunication against the bishops and clergy , if they opposed him in adhering to king harold , and he having got the victory at hastings , and the clergy with several of the nobility ( whom he had purchased to his part , both by money and great assurances of preferment and other advantages ) basely and treacherously deserting edgar etheling , a soft and weak prince , yet right heir to the crown ; at length upon williams declaring that he would confirm the laws of saint edward , he was electus à clero & populo , and with all the ceremonies and solemnities then in use , was crowned at westminster , the whole nation submitting to him . but hear what the historians of those times say . londoniam convenientibus francis & anglis ( ad nativitatem domini ) illisque omnibus concedentibus coronam totius angliae & dominationem suscepit . die ordinationi decreto locutus ad anglos condecenti sermone eborac . archiepiscopus sapiens , bonus , eloquens , an consentirent eum sibi dominum coronari inquisivit , protestati sunt hilarem consensum universi minime haesitantes , ac si coelitus unâ mente datâ unâque voce anglorum voluntati quam facillime normanni consonuerunt sermocinato apud eos a● sententiam percunctato à constantini praesule , sic electum consecravit archiepiscopus , imposuit ei diadema ipsumque regio solio , &c. ante altare s. petri apostoli coram ciero & populo jurejurando promittens se velle sanctas dei ecclesias & rectores illarum defendere necnon & cunctum populum sibi subjectum juste & regali providentia regere , rectam legem statuere & tenere , rapinas injustaque judicia penitus interdicere . exacto prius coram omni populo jurejurando quod se modeste erga subditos ageret & aequo jure anglos & francos tractaret . pursuant to all which , and to fix himself more sure in that his new-got chair of soveraignty , he by his magna charta , or great charter , grants and confirms the laws of edward the confessor . willielmus etiam rex cui sanctus edwardus regnum contùlit , leges ipsius sancti servandas esse concessit , saith sir henry spelman . but now we will set down a branch of the charter , which runs thus . volumus etiam ac firmiter praecipimus & concedimus ut omnes liberi homines totius monarchiae regni nostri praedicti habeant & teneant terras suas & possessiones suas bene & in pace , libere ab omni exactione injusta & ab omni tallagio . ita quod nihil ab eis exigatur vel capiatur nisi servitium suam liberum quod de jure nobis facere debent & facere tenentur & prout statutum est ets & illis à nobis datum & concessum jure haereditario imperpetuum per commune concilium t●tius regni nostri pr●di●●i . from all which it must necessarily be granted , . that this statute or law , was made per commune concilium totius regni . . the magna charta of w. . h. . king stephen , h. . and king john ( the last of which sayes , nullum scutag●um v●●●●●xilium ponam in regno nostro 〈◊〉 per commu●● co●silium regni ●●stri , the same in substa 〈…〉 with the great charter of william 〈◊〉 . ) was but 〈◊〉 resti●●●●on and declaration of the antient common law and right of the kingdom , and no law introduced de novo , or forced upon king john at running-mead , to the disinberison of the crown , and which by their several sacred coronation oaths they had so solemnly sworn inviolably to observe and keep . 't is true indeed king william the first gave away the estates of several of those who were in arms against him , to his adventurers and followers , but the rest of the english ( as well by his coronation oath , as by a solemn ratification of st. edwards laws in a parliament in his fourth year ) were to enjoy their estates and the benefit of those laws ; but that being not done in the general , and the english ( who declared à majoribus didicisse aut libertatem aut mortem ) being opprest by the king and normans , begun to be very uneasy under his government , so that things were brought , to that pass , that he vehemently feared , ne totum regnum turpiter amitteret etiam trucidatus ; to obviate which mischiess in the seventh year of his reign , ( for so i take it , ) by the policy of lanfrank archbishop of canterbury , serena facie vocavit eos , i. e. the english , ad pacem sed subdolam , who meeting at berkhamsted , post multos disceptationes , both parties came to a second-compact , and the king to give them satisfaction , reiterated his coronation oath , and swore upon the holy evangelists and reliques of st. alban , bonas & approbatas antiquas regni leges quas sancti & pii angliae reges ejus antecessores & maxime rex edwardus statuit , inviolabiliter observare , & sic pacificati ad propria laeti recesserunt . rex autem caute propositum suum pallians , perswaded many of the principal of the nobility and gentry to attend him into normandy , where civitatem quae cynomannis , & provinciam ad illam pertinentem maximo anglorum auxilio quos de anglia secum adduxerat , sibi subjugavit , the rest that remained here , he suddenly set upon apàrt , which he durst not attempt when united , multos eorum trucidando , exhaeredando & quamplures proscribendo , leges violans memoratas , & spoliatis anglis pro libitu ac sine judicio curiali depauperatis suos normannos in suorum hominum anglorum * natalium qui ipsum sponte sublimaverunt , provocationem , locupletavit . so that after this time , 't is plain , he bore a heavy hand upon the english , and increased his severity to acts of high injustice and barbarous cruelty , and so gave occasion to historians in future ages , to say , that when he came in , he totally subdued and crushed the nation , nobility , and gentry . yet notwithstanding the great power he took , we meet with some general councils or parliaments in his reign , whereby it appears , that the freemen or commons of england , were there , and had a share in making of laws ; for what could the promised restitution of the laws of edward the confessor signifie , if their wittena gemot , or parliament , the augustissimum anglicarum libertatum asylum & sacra anchora , was destroyed and broken ? for one of the fundamental and principal ends of parliaments , was for the redress of grievances , and easing the oppressions of the people . the mirror of justices , an antient and learned treatise of the law , saith , that parliaments were instituted , pur oyer & terminer les plaintes de tort de le roy , de la roigne & de lour infans , & de eux specialment de queux torts lun ne poet aver autrement common droit , to hear and determine the complaints of the wrongful acts of the king , the queen , and their children , and especially of those persons against whom the subject otherwise could not have common justice . and knighton ( one of our best historians ) writes , quod ex antiquo statuto & consuetudine laudabili & approbata , &c. that by an antient statute and custom , laudable and approved , which no man could deny ; the king was once in the year to convene his lords and commons to his court of parliament , as to the highest court of the whole realm . in qua omnis aequitas relucere deberet absque qualibet scrupulositate vel nota , tanquam sol in ascensu meridiei , ubi pauperes & divites pro refrigerio tranquilliratis & pacis & repulsione injuriarum refugium infallibile quaerere possent , ac etiam errata regni reformare & de statu & gubernatione regis & regni cum sapientiori concilio tractare ; ut inimici regis & regni intrinseci & hostes extrinseci destruantur & repellantur , qualiter quoque onera incumbentia regi & regno levius ad ediam communitatis supportari poterunt . in which court all equity ought to shine forth without the least cloud or shadow , like the sun in its meridian glory ; where poor and rich refreshed with peace and ease of their oppressions , may always find infallible and sure refuge and succour , the grievances of the kingdom redrest , and the state of the king and government of the realm debated with wiser councils , the domestick and foreign enemies of the king and kingdom destroy'd and repell'd , and to consider how the charges and burthens of both may be sustained with more ease to the people . but to return . an. d. . which was in the third and fourth year of william the i. at a general council , or parliament , lanfranc was chosen archbishop of canterbury , eligentibus eum senioribus ejusdem ecclesiae cum episcopis ac principibus clero & populo angliae in curia regis in assumptione sanctae mariae . another author relates it thus . rex mittens propter illum in normanniam fecit eum venire in angliam , cui consensu & consilio omnium baronum suorum omniumque episcoporum & abbatum totiusque populi angliae commisit ei dorobernensem ecclesiam . anno . the king summoned a general council , or parliament , at pinneden in kent , to examine and determine the great cause between lanfranc archbishop of canterbury , and odo bishop of bayeux , earl of kent , because the first , libertatem ecclesiae cantuariensis invaserat , yet judgment went for the archbishop , which mr. selden sayes , was confirmed totius regni assensu , or as eadmerus , stipulatione totius regni . in the fourteenth year of this king , at a general council , or parliament , held at westminster , the king by his charter confirmed the liberties of that church after he had subscribed his own name , with the sign of the cross , adding many of the great clergy and temporal nobility , instead of , cum multis aliis , hath these words , multis praeterea illustrissimis virorum personis & regum principibus diversi ordinis omissis qui similiter huic confirmationi piissimo affectu testes & fautores fuerunt . hii autem illo tempore à regia potestate diversis provinciis & urbibus ad universalem synodum pro causis cujustibet christianae ecclesiae audiendis & tractandis ad praescriptum celeberrimum synodum quod westmonasterium dicitur , convocati , &c. in the margine of the book i find writ this note , nota hic hos omnes convocari à rege sua auctoritate ad causas religionis tractandas tam nobiles de clero quam principes regni cum aliis inferioris gradus , conventio quorum videtur esse parliamentum . and in the year-book of e. . above . years since , in a case touching the exemption of the abbey of bury from the bishops of norwich , we have mention of a parliament held , en temps de w. conqueror à son parlement . king william the second . king william the first being dead , william his second son , then living , succeeded him in the kingdom ; who designing to prevent his elder brother robert of the crown , finding lanfranc archbishop of canterbury not altogether consenting with him therein , to the compleating his desire , and fearing lest the delay of his consecration might prejudice his desired honor , he begun by giving large gifts and rewards to the people , and as well by himself as all others whom he could engage , fide sacramentoque lanfranco promittere , by his faith and oath to promise unto lanfranc , si rex foret , justitiam , aequitatem & misericordiam se per totum regnum in omni negotio servaturum , he would in all actions observe and keep justice , equity , and mercy , through the whole kingdom ; that he would defend the peace , liberty , and safety of the church , against all men , and also , that he would in and through all things obey the precepts and counsels of the arch-prelate ; thereupon , in regem eligitur & consecratur . but not long after odo bishop of baiox , earl of kent , geffrey bishop of constance , robert earl of morton , roger earl of shrewsbury , and the greatest part of all the norman prelates and nobility in england , entred into a conspiracy to make robert king , and to deliver king william to his brother alive or dead ; and thereupon they took arms : the king hearing these things , and foreseeing his inevitable ruine if the english power did not preserve him , caused the english to be assembled together , and shewed them the treason of the normans , and intreats and begs them to help and defend him , upon this condition , that if they would be faithful to him in that his necessity and distress , he would grant them better laws which they should chuse , and would forbid or interdict all unjust scotts , taxes , or tallages , and grant to all persons their woods and hunting . upon which assurance and promise the english did faithfully assist him , and by thier power valiantly overthrew the normans , and preserved and fixed the crown upon williams head . but whatsoever he promised he kept but a short time , the words of the author are . his auditis rex fecit congregari anglos & ostendit eis traditionem normannorum & rogavit ut sibi auxilio essent , eo tenore ut si in hac necessitate sibi fideles existerent , meliorem legem quam vellent eligere eis concederet , & omnem injustum scott●m interdixit , & concessit omnibus sylvas suas & venationem . sed quicquid promisit , parvo tempore custodivit . angli tunc fideliter eum juvabant * . 't is therefore evident from hence , that william the second did not claim the crown jure gladii , by the power of the sword , nor did he affirm , that he had a despotical right to make or change laws , ad libitum suum sine assensu regni or parliament . and 't is a great observation to me , that from the pretended conquest to this day , i never read of any king of england that declared and publickly owned any such prerogative or right , but only that miserable and unfortunate prince richard the second , which the parliament roll thus expresseth . item , idem rex nolens justas leges & consuetudines regni sui servare seu protegere , sed secundum suae arbitrium voluntatis facere quicquid desideriis ejus occurreret , quandoque & frequentius quando sibi expositae & declaratae fuerant leges regni sui per justiciarios & alios de concilio suo & secundum leges illas petentibus justitiam exhiberet , dixit expresse vultu austero & protervo quod leges suae erant in ore suo & aliquotiens in pectore suo , & quod ipse solus possit mutare & condere leges regni sui ; & opinione illa seductus quampluribus de ligeis suis justitiam fieri non permisit , sed per minas & terrores quamplures à prosecutione communis justitiae cessare coegit . but far different were the sentiments and judgment of his grandfather great edward the third , who tells us : because , that by divers complaints made to us , we have perceived that the law of the land , which we by our oath are bound to maintain , is the less well kept , and the execution of the same disturbed many times by maintenance and procurement , as well in the court as in the country ; we greatly moved of conscience in this matter , and for this cause desiring as much for the pleasure of god , and ease and quietness of our subjects , as to our conscience , and for to save and keep our said oath , we have ordained , &c. and wise king james saith , that not only the royal prerogative , but the peoples security of lands , livings , and priviledges , were preserved and maintained by the antient fundamental laws , priviledges , and customs of this realm , and that by the abolishing or altering of them , it was impossible but that present confusion will fall upon the whole state and frame of this kingdom . and his late majesty of ever blessed memory , was of the same mind and opinion , when he said , the law is the inheritance of every subject , and the only security he can have for his life , or estate , and the which being neglected or dis-esteemed ( under what specious shew soever ) a great measure of infelicity , if not an irreparable confusion , must without doubt fall upon them . henry the first . after the death of king william , the magnates angliae , not knowing what was become of robert duke of normandy , eldest brother of the deceased king ( the said duke having been absent for five years in a voyage to the holy land ) were afraid to be long without a king , which henricus fratrum ultimus & juvenis sapientissimus cum callide cognovisset , congregato londoniis clero angliae & populo universo promisit emendationem legum quibus oppressa fuit anglia tempore patris sui & fratris nuper defuncti , ut animos omnium in sui promotionem accenderet & amorem , ut illum in regem susciperent & patronum ; to which it was generally answered , that if he with a willing mind would grant , and by his charter confirm to them , illas libertates & consuetudines antiquas , which their ancestors enjoyed in the time of edward the confessor , in ipsum consentirent & in regem unanimiter consecrarent . henry willingly granted this , and taking an oath , that he would perform it , consecratus est in regem , at westm. upon lady day , favente clero & populo , and so forthwith he was crowned by maurice bishop of london and thomas archbishop of york . after such his coronation , he granted and confirmed to the nation , for the advancement of holy church , and preservation of the peace of his people , a charter of their antient liberties . the charter the reader may find in that industrious revivor , and restorer of decayed and forgotten antiquities , mr. lambard , as also in matth. paris . where it appears , that the archbishops , bishops , barons , earls , vicounts , or sheriffs , & optimates totius regni angliae , were witnesses to the charter . and that at the coronation of the king , those laws were made , de communi consilio & assensu baronum regni angliae , by the common advice and assent of the barons of england . it being usual in succeeding ages , at the coronations of our english kings , to confirm , make , and ordain laws , de assensu baronum regni , per commune concilium regni , or parliament . i shall from hence observe two things . . that these laws were granted and confirmed , assensu baronum regni , or baronagii angliae , there being a clear difference between barones regis , and barones regni , as appears in the very bowels of those laws and elsewhere ; for the k. saith , si quis baronum nostrorum , &c. but who were comprehended under those first phrases , mr. camden will tell us , nomine baronagii angliae omnes quodammodo regni ordines continentur , and so the commons as we now call them , were there and assented to those laws . . clero & populo universo angliae congregatis . we read king stephen assensu cleri & populi in regem angliae electus , & per dominum papam confirmatus , h. . congregato clero & populo regni , or as fitz-stephens , generali concilio , the king made the assise or statute of clarendon , which council the learned selden calls a full parliament . king john was crowned mediante tam cleri quam populi unanimi consensu & favore . anno h. . per providentiam cardinalis , meaning the popes legate , apud kenilworth clerus & populus convocantur , which the patent roll of that year thus confirms . the king a le request de honourable pier sire ottobon legat d'engleterre son parlement eust sommons à kenilworth ; where the statute or dictum de kenilworth , was made between the king and his communante , or parlement . rex primo , postmodum clerus & populus juraverunt quod dictum inviolabiliter observarent . thus have i at length , i hope , fully ascertained and explained the historians phrase , clerus & populus , and proved it to be a parliament from the pat. roll of h. . yet i do not think that the lords temporal only were the populus , nor the lords spiritual the clerus ; for i agree with dr. heylyn , that there is no record , either of history or law ( which i have observed ) in which the word clerus serves to signifie the archbishops , and bishops , exclusive of the other clergy , or any writing whatsoever , wherein it doth not either signifie the whole clergy generally , or the inferior clergy only , exclusive of the archbishops , bishops , and other prelates ; and 't is my opinion as far as i can find , that the word populus following clerus , was , thema universale in significando , and comprehended as well the commons as the lords , and indeed the subject matter of the historians speaks it . william the second , henry the first , king stephen , and king john , were to be elected and created kings of england , having no hereditary right , 't was but reasonable then , and according to the laws and precedents of other countries in like cases , quod omnes tangit ab omnibus approbari debet , and so was the solemn resolution of both lords and commons in the parliament , e. . that neither king john , nor any other , could put the realm or people of england into subjection , sanz assent de eux , without their assent , or as the parliament h. . declared , sine assensu regni , or as malmesbury says , in vita willielmi primi , absque generali senatus & populi conventu & edicto . but now to close the reign of henry the first , i will out of that excellent historian matthew paris transcribe the oration , or speech of that king to the common council or parliament , in the seventh year of his reign , his elder brother robert duke of normandy , then claiming the crown of england , and ready to invade this nation with a great force ; the speech of the king , the learned monk thus delivers to us . magnatibus igitur regni ob hoc londoniam edicto regio convocatis rex talibus alloquiis mel & favum oleumque mellitis & mollitis blandiens dixit : amici & fideles mei indigenae ac naturales , nostis veraci sama referente , qualiter frater meus robertus electus & per deum vocatus ad regnum hierosolymitanum foeliciter gubernandum , & quam frontosè illud infoeliciter refutaverit , merito propterea à deo reprobandus . nostis etiam in multis aliis superbiam & ferocitatem illius ; quia vir bellicosus , pacis impatiens est , vosque scienter quasi contemptibiles & quos desides vocat & glutones conculcare desiderat . ego vero rex humilis & pacificus vos in pace in antiquis vestris libertatibus , prout crebrius jurejur ando promisi , gestio confovere , & vestris inclinando consiliis consultius ac mitius more mansueti principis sapienter gubernare , & super his ( si provideritis ) scripta subarata roborate & iteratis juramentis praedicta certissime confirmare , omnia videlicer quae sanctus rex edwardus deo inspirante providè sancivit inviolabiliter jubeo observari , ut mecum fideliter stantes fratris mei immò & mei & totius regni angliae hostis cruentissimi injurias potenter , animose ac voluntarie propulsetis . si enim fortitudine anglorum roborer , inanes normannorum minas nequaquam censeo formidandas . talibus igitur promissis , quae tamen in fine impudenter violavit , omnium corda sibi inclinavit , ut pro ipso contra quemlibet usque ad capitis expositionem dimicarent . this speech to me is another strong confirmation and argument against the norman conquest , for 't is luce clarius , . that king henry the first did not pretend to hold the crown jure victoris . . that the english were not totally subdued and destroyed by his father william the first . . that the son ( as well as the father ) had several times solemnly sworn to the inviolable observance of the laws of st. edward or of the saxon government . . king henry does not depend on the normans that came in with his father , no , it was upon the english common council , or parliament ; nor did he call them vassels and slaves , but amici & fideles mei naturales , in them he fixt his only hope and assurance , both for their fidelity and courage , and believed that they would ( as indeed they did ) preserve and defend his crown and life against the great power and policy of his and the kingdoms most bloudy enemies , who were ready to invade both with a mighty army ; it being then prudentially and politickly resolved unanimously in parliament , not to permit , or suffer the duke to land here , but to fight him in his own country , which the english then did ( forty years after the coming in of william the first ) and at one battle not only totally conquered and overthrew the normans , but took robert their duke prisoner , and thereby put a period to the dangers and fears of king henry the first , and in despite of the french power , set the ducal crown of normandy upon the head of king henry an english-man : and after robert had remained for some time in prison , at last to conclude the catastrophe of his unhappy life , he had his eyes burnt out of his head , and so by a sad fate left all to the english king. from all which authorities and reasons , under correction , it is sufficiently evidenced , that in the brittish , saxon , and norman governments , the commons ( as we now phrase them , ) had votes , and a share in the making and enacting of laws for the government of the kingdom , and that they were an essential part of the commune concilium regni , wittena gemot , or parliament , before and after the supposed conquest by king william the first . having thus concluded my preface , i shall now diligently apply my self to discuss that grand point touching the introduction of the commons into our great council , or parliament , as represented by the knights , citizens , and burgesses , being indeed the principal work i intended , and was finished before this preface ; the difficulty of which cannot be well judged of but by those who have undertaken subjects of like intricacy ; for i have at a great charge , and expence of time , and without any mans assistance or help , out of the dark and neglected paths of antiquity , endeavoured to make truth publick and general , and ( with submission ) i hope it will appear , that i have rescued from the force and power of a dangerous growing errour , the just and ancient rights and priviledges of our ancestors , in a matter of the highest moment and concern , which is impartially debated in the ensuing discourse ; a subject , whereof ( to the best of my knowledge ) no author hitherto hath so particularly treated . a discourse wherein is proved , that the commons of england were an essential part of the parliament before the th of hen. . several great and learned authors of our age having in their works and writings frequently published , and asserted to the world this position as an unquestionable truth , that the commons in parliament ( as distinguished from the lords ) compounded of knights , citizens , and burgesses , had their first birth and beginning by rebellion , an. h. . and that too after the battle of lewes , when the barons had the king and prince in their power as prisoners , and exercised regal authority in his name : the consideration and consequents thereof raised in my mind a great desire seriously and impartially to enquire into so important a point of antiquity ; and the better to satisfie both my own judgment , and the judgments of some of my friends , i have run over many records , and historians , both ancient and modern , in print and manuscript , but cannot find any authority or reason to give a colour to so harsh an assertion . i shall therefore , under an humble submission to so eminent antiquaries , endeavour to disprove this notion of h. . by these following arguments . . from the claim and prescription of the borough of s t albans in the parliament of e. . to send two burgesses to all parliaments , sicut caeteri burgenses regni totis retroactis temporibus , in the times of e. . and his progenitors ; if so , then in the time of king john grandfather to e. . and so before h. . . from records an o o johannis regis , wherein the citizens and burgesses ( not so numerous then as after , and now ) together with the earls , barons , & magnates angliae , were to give consilium & auxilium ad honorem regis & suum & statum regni , who shortly after met at london , convocatum parliamentum de toto clero , & tota secta laicali , and so within the express prescription of the borough of st. albans . . from the solemn resolution and great judgment of both lords and commons in the parliament of e. . against the pope , that if king john had an o o of his reign ( which was three years before the granting of his magna charta ) made the kingdom tributary to the pope , he had done it sanz lour assent , which must be understood to be without the consent of the lords and commons , and therefore void . . from several records , inter alia , de annis , , , , h. . mentioning parliaments then held , and their proceedings , in some of which the word commons is expresly mentioned , as well as the prelates , and magnates , to be part of those parliaments . . from an act of parliament h. . that famous prince , where it is declared and admitted , that the commons of the land were ever a part of the parliament , and so consequently were part of the parliaments annis , johannis , , , , , h. . all within the prescription of the borough of st. albans . . from the form of penning of acts of parliament , and expressions in records in , , h. . when it is granted that the commons were a part of the legislative power , which agree with the phrases of records of acts of parliament before that time . . from the defect and loss of the parliament rolls of h. . and e. . and from the universal silence of all records , and our antient historians contemporary and succeeding h. . till our days . . from the various opinions of learned men , in and since h. . time , who never dreamed of any such origine , nor was ever heard of , till of late . . from comparing of the ancient generale concilium , or parliament of ireland , instanced an o h. . with ours in england , wherein the citizens and burgesses were , which was eleven years before the pretended beginning of the commons in england . the first argument . from the claim and prescription of the borough of st. albans , in the parliament of e. . to send two burgesses to all parliaments , sicut caeteri burgenses regni totis reretroactis temporibus , in the times of e. . and his progenitours , if so , then in the time of king john grandfather to e. . and so before h. . . the burgesses of st. albans in their petition to king e. . an o o say , that they , sicut ●●eteri burgenses regni ad parliamentum regis ( when it should happen to be summoned ) per duos comburgenses suos venire debeant , prout totis retroactis temporibus venire consueverunt , tam tempore domini ed. nuper regis angliae patris regis , as well in the time of e. . the kings father , & progenitorum suorum , as in the time of e. . semper ante instans parliamentum , and declared that the names of such burgesses coming to parliament were always inrolled in the rolls of the chancery ; notwithstanding all which the sheriff of hartford at the procuration and favour of the abbot of st. albans and his council , refused burgenses praedictos praemunire , seu nomina eorum retornare prout ad ipsum pertinuit , &c. and therefore they pray remedy . respons . scrutentur rotuli , &c. de cancellaria , si temporibus progenitorum regis burgenses praedicti solebant venire vel non ? & tunc fiat eis super hoc justitia vocatis evocandis si necesse suerit . i do not think there needs much enforcing this record , since the prescription of sending duos comburgenses ad parliamentum regis , sicut caeteri burgenses regni did , is , that they and their predecessors were always accustomed to send two burgesses to parliament in all former ages , not only in the time of e. . but his progenitors ; therefore in king johns time , his grandfather at least , and so before h. . and though the answer to the petition , which in that age was given in parliament ( per concilium , or all the judges of england , and others the kings learned council ) say , scrutentur rotuli , si temporibus progenitorum regis ( which may go to the whole reign of king john , as before ) burgenses praedicti solebant venire , vel non ; yet that grave and wise council do not in the least scruple , but clearly admit and confirm the general prescription , that there were boroughs that sent burgesses to parliament , temporibus e. . & progenitorum suorum , which goes higher than h. . his father ; and it cannot in common reason be supposed , much less believed , that the burgesses of s t albans , or the lawyer or pen-man of the petition , should dare to tell the king and learned council , in the face of a parliament , a novelty so great and ridiculous , and that recorded to posterity by the council , that they and their predecessors , in the time of e. . and his progenitors , had sent two burgesses to every parliament , when all the world then knew ( if the modern opinion be true ) that there was never any election of any burgesses to parliament before the h. . which was but . years before e. . and at the time of the petition fresh in their own memories . no , surely the burgesses of s t albans did not ground their petition of right upon a general allegation , or an affirmation in nubibus ; but the justice and certainty of their claim , as they themselves very well knew , so they prayed it might be examined and tried by uncontroulable witnesses , records , the rolls of chancery . the chancellor and the rest of the council , did no less know there were such rolls , and therefore order the search ; but if the petition had been notoriously false and idle , instead of recording it to future ages , they would with contempt and scorn have rejected it , nor would the great abbot of s t albans , his council , and the sheriff of hertford , against whom the petition was exhibited , have been wanting in their own defence , to have shewed and proved that this antient prescription was a meer chimaera , and fable ; no , they all were well satisfied , that the borough had sent two burgesses to every parliament , in the time of e. . and his progenitors , and therefore it was in vain to oppose or contradict their just and antient right , according to their prescription ; all which appears clearly by this , that both before the time of the petition , and ever since , they have sent two burgesses to every parliament . the second argument . from records an. johannis regis , wherein the citizens and burgesses , ( not so numerous then as after , and now , together with the earls , barons , & magnates angliae , ) were to give consilium & auxilium ad honorem regis & suum & statum regni , who shortly after met at london , convocatum parliamentum de toto clero & tota secta laicali , and so within the express prescription of the borough of s. albans . i am not ignorant that some have dated the origine of the commons being a part of the parliament , from the parliament of runningmead , o reg. joh. it may therefore be worth our pains to observe this great record following , and to consider whether from thence may not be proved this conclusion : that 〈◊〉 great cities and boro 〈…〉 s of the ●ingdom ( not so 〈…〉 merous then as after and now ) in the o of king john , before the granting of his magna charta , or 〈◊〉 confirming the antient laws in his th year , at runningmead , did send their proxies and representatives , to the commune concilium regni , or parliament ; for it cannot be supposed in reason , that every individual citizen and burgess could come , no more than every parson of a parish to a convocation , or to a meeting of the whole clergy of england . the record saith , that the king being in partibus transmarinis , writes majori & baronibus london . majori & probis hominibus winton . northampt. lincoln . ebor. oxon. glouc. heref. exon. worcestr . cantebr . hunt. bristol . norwich . and all the great boroughs of the demesnes of the king , giving them account of his proceedings and successes in his war against the french , and that the pope had by his letters released the interdict , under which the kingdom then lay , which the king had then sent to peter bishop of winton , chief justice of england ; and therefore desired that they would believe what the bishop should speak to them , that consilium & auxilium vestrum ad honorem nostrum & vestrum & statum regni nostri in melius communicandum efficaciter super hoc apponatis , and that majori festinatione expediretur , teste apud rupellam o die martii . in the same manner he writ to william earl marshal , and to all the earls , barons , & magnatibus angliae , &c. teste apud rupellam o die martii . in order therefore to our proof of a parliament from these records , let us make two observations . . negative . . affirmative . though the writ be general , and mentions not any time or place for meeting or coming to parliament , or the great council ( the king referring that i suppose to his regent or chief justice here ) yet it cannot be intended that peter bishop of winchester , being then chief justice of england , should go from county to county , city to city , borough to borough , or as our church-wardens do , from house to house , rogare consilium & auxilium ( the proper business of a parliament ) to desire and entreat for their counsel and aid , for the honour of the king , their own , & statum regni , and the safety of the whole kingdom ; surely that had been an imployment fitter for the wandring jew , or johannes de temporibus ; and such counsel must needs have been of a very different and various nature , and both agreeing very ill with the words majori festinatione , and urgency of the contents of the writs . let us then enquire what were the effects and consequents of these writs , and that brings me to the second observation . king john began his reign o aprilis , the writs bear date o & o martii , which was the close of an. o. it may be the winds were very cross , or for some other reason the letters might not so speedily be brought over , or published here , or after the summons there might be above forty days before they met . but sure it is , in the beginning of july , ( after that march ) being the sixteenth year of his reign , we find : nicholaus tusculanensis episcopus & apostolicae sedis legatus per nuntios memoratos domini papae authenticum acceperat . rex anglorum erat in partibus transmarinis , sed quoniam idem rex in recessu suo ab anglia legato jam dicto & willielmo marescallo vices suas in hoc negotio commiserat , idem legatus in urbe londinensi apud sanctum paulum grande congregavit concilium , ubi congregatis archiepiscopis , episcopis , abbatibus , prioribus , comitibus , baronibus , & aliis ad hoc negotium interdicti ( the very business of the writs ) spectantibus proposuit coram omnibus formam restitutionis . and the great selden the honour of the inner-temple , or rather as the learned grotius , honos britanniae , to drive the nail home , saith , but we know by what is already shewed , that divers former parliaments were in this kings time ( meaning before the granting of his magna charta , an. joh. ) though the laws made in them be lost . and in the year before the charter also ( which was an. joh. ) the author of eulogium sayes , that convocatum est parliamentum londoniis praesidente archiepiscopo cum toto clero & tota secta laicali , wherein per domini papae praeceptum illa obligatio quam rex domino papae fecerat cum fidelitate & homagio relaxatur omnino , vii ' die julii . having thus proved a parliament in the th of king john , and that the citizens and burgesses had their summons to it , which is remarkable by a writ particular and distinct from that of the lords , viz. the earls , barons , & magnates angliae , i will conclude this argument with the statute of r. . cap. . where it is enacted by the assent of the prelates , lords and commons , that all and singular persons and communalties , ( be he archbishop , abbot , prior , earl , baron , &c. ) which should have a summons to parliament , should come from thenceforth to the parliaments in the manner as they were bounden to do , and had been accustomed within the realm of england of old times ; and if they did absent themselves , and came not , he and they should be amerced , or otherwise punished according as of old times had been accustomed to be done : from hence i shall observe , . that there were summons to parliament of old times , as well to the commonalties , that is , the citizens and burgesses ; as to the archbishops , bishops , abbots , priors , earls and barons ; and so the statute may seem to affirm the prescription of s t albans , that saith , that they had sent duos comburgenses sicut caeteri burgenses regni did to every parliament totis retroactis temporibus before e. . and his progenitors . . that the phrase of old times is in point of prescription and antiquity applied equally , and without distinction or limitation , as well to the great lords , as commons ; but if the first had of old times , as our modern authors write , been the only constituent parts of the parliament , it might in reason and prudence be thought , they would not have consented to have admitted that summons to parliament ; for the commons was coeval with theirs ; nor would they have ratified and confirmed by a solemn act the protestation or declaration of right of the commons of england in the parliament , h. . n. . that the commons had ever been a member of the parliament , and that no statute or law could be made without their assent . . that if the lords and commons absented themselves , and came not to parliament , they should be amerced , or otherwise punished as of old times had been accustomed to be done ; this branch plainly agrees , . with the modus tenendi parliamentum , written as m r selden saith tempore e. . that the first day the burgesses and citizens should be called , and if they did not come , they should be amerced ; and so m r prynn mistakes in his animadversions , when he saith , that no absent lord was fined before h. . . it appears , ex vi terminorum , of old times it had been so accustomed to be done ; that this prescription may well be applyed to the parliament of joh. and long before ; for the statute of magna charta , of that king , saith , civitas london habeat omnes libertates suas antiquas ; by force and vertue of which word , antiquas , their old or ancient liberties and customs ( not only confirmed by the magna charta of william the first , but used even in the saxon times , and before ) were in parliament ratified and confirmed . the third argument . from the solemn and great judgment of both lords and commons in the parliament of e. . against the pope , that if king john had an. . of his reign , which was three years before the granting of his magna charta , made the kingdom tributary to the pope , he had done it sanz lour assent , which must be understood to be without the consent of the lords and commons , and therefore void . king john an. . of his reign made himself and crown tributary to the pope . but anno e. . the prelats , dukes , counts , barons , and commons ; upon their full deliberation in parliament , resolved with one accord , that neither the king , nor any other , could put the realm nor people thereof into such subjection , sanz assent de eux , without their assent , viz. as well of the commons , as of the lords : and that it appeared by many evidences , that if he had so done , it was done sanz lour assent , and contrary to the coronation oath . and if the pope attempted any thing against either ( having at the instance and sollicitation of the french king , threatned to interdict or out-law both ) king and kingdom ; they would oppose and resist him , ove tout lour puissance . the observations i shall make from this great judgment shall be two . . that above . years ago , there was not the least scruple or fancy , that the commons of england , of which the citizens and burgesses were then undoubtedly a part , ought not , and were not to be present in the commune concilium regni , or parliament of king johns reign , and to have assented to that kings resignation , an. . to make it legal and valid , as well as the prelates , earls , and barons . . if the commons had never been a part of the parliament before h. . but that the king and great lords only made laws , and had an inherent power ( as some of our modern writers say ) to tax the whole kingdom , de alto & basso ad libitum suum jure repraesentationis ; surely they would not have left recorded to posterity so great a testimonial of the antiquity and right of the commons of england ( then so distinguished from the great lords ) as is expressed in the roll : may it not then be admitted they spoke nothing but what was an undisputable truth , in diebus illis , unless we must believe , that the great and learned authors of this age , better understand the constituent parts of the communia concilia , or parliaments of king johns time ( and so upward ) above . years since , than the whole parliament of e. . the parliaments of their grand-fathers time , as was the reign of king john. and indeed this famous resolution was no other than a declaration of the antient common law of the land before the norman duke gained the imperial crown of england , as appears by king harolds answer to his ambassadors , requiring the performance of the kings oath to take the dukes daughter to wife , and to preserve the crown for him . de regno addebat praesumptuosum fuisse , quod absque generali senatus & populi conventu & edicto alienam illi haereditatem juraverit which is recorded by william of malmsbury , lib. . p. . l. . in vita williemi i. an author without all exception , who flourished in the time of h. . and therefore could not be ignorant where and in whom the legislative power of england did reside , there being but . years from the coming in of the norman duke till the reign of that king , and of this historian the learned balaeus gives this eulogium , vir erat suo seculo in omni genere bonarum literarum plene eruditissimus , & in eruendis antiquitatibus ingenio , diligentia & industria singularis angliae nostrae nationis studosissimus illustrator . upon the death of arthur duke of bretaign , the annals of england tell us , that king john was summoned by the french king , as duke of normandy to appear at his court , and judicially to answer the pretended murder of arthur his nephew ; whereupon the bishop of ely , and hubert de burgo , after earl of kent , and chief justice of england , nuntii solemnes & prudentes , were sent to the french king , to whom the bishop thus spake , domine rex non possit dux normanniae ad curiam vestram venire , nisi veniret rex angliae , cum una persona sint dux & rex . quod non permitteret aliquo modo baronagium angliae , etsi ipse rex hoc vellet . so careful was the baronage or parliament to preserve the antient rights , safety , and honour of the king and kingdom , an. joh. before any difference happened between him and his subjects . anno e. . the king sent ambassadors to the french king , ut quid de truga , de guerra , & de pace deliberasset , nunciaret , and was answered , se non posse sine duodecim paribus qui occupati fuerunt circa novam guerram tam ardua tractare , but that he expected their coming in fifteen daies . quo tempore transacto , ipsis consentientibus , they declare that they could not determine thereof , inconsultis secum scotis . whereupon those ambassadors returned . igitur convocato parliamento londoniis , recitatisque frustratoriis dilationibus & falsis machinationibus praedictorum , ambassadors were again sent , and received this answer : quod rex angliae adveniret personaliter , & inter duos reges de optima pace conveniretur : whereupon the king of england , aliud habuit parliamentum , in quo talia recitata displicuerunt , & ex totius regni concilio ( or parliament ) definitum est , regem pro aliquo mandato vel suggestionibus ab anglia egredi non debere . from what hath been said , the reader may easily observe , . that the weighty and great affairs which concerned the king and kingdom , both in the saxons time , and after , were by a fundamental principle and law of the nation to be consulted of , and resolved in the communia concilia , or parliaments , and that no particular person or order of men did take upon them such power , sine consensu regni : and this h. . and his council well knew , when he told otto the popes nuntio , quod solus non potuit definire , nec debuit negotium , quod omnes cleri●os & lai●os generaliter totius regni tangebat , which e. . and his council in the th year of his reign thus confirms , quod omnes tangit , ab omnibus approbetur . . that the generalis senatus , & populi conventus , & edictum , or saxon wittena gemott , the baronagium angliae , in king johns time , and the concilium regni , or parliamentum , in the reign of e. . were verba synonyma , differing in phrase , but one and the same assembly in substance . the fourth argument . from several records , inter alia de annis , , ● , , & h. . mentioning parliaments then held , and their proceedings , in some of w 〈…〉 the word commons are expresly mentioned , as well as the prelates & magnates , to be part of those parliaments . the general council at runningmead , held j●● . is . years after , and . years before h. . called parliamentum de runemed . memorandum quod in parliamento a die pasch. in tres septimanas anno regni regis h. . . london celebrato negotium crucis in anglia una cum collectione decimae benefi●●●rum ecclesias●●corum domino regi in subsidium terrae sanctae à sede apostolica deputat . was treated of . an utlary against william de hastingcott , was reversed , and he restored to all he had lost thereby , and this done coram rege & toto parliamento . inter communia hilar. e. . penes rememoratorem domini regis in scaccario , it appears in a plea between the king and the prior of coventry , that & h. . quaedam subsidia per magnates & communitatem regni spontanea & mera voluntate regi concessa ( or as bracton phraseth it , ex consensu communi totius regui , being one and the same with magnates & communitas , ) towards the marrying of the kings eldest daughter , and also the kings sister to frederick the emperour , which was done in parliament ; for the close roll of that year tells us of a parliament , consideratum fuit in curia nostra & toto parliamento nostro , &c. in a parliament h. . ( for so mat. westm. calls it , pag. . ) rex , magnates & communitas populi protestantur publice , that they would never consent to any thing in the grand and terrible excommunication then to be pronounced by the clergy against the infringers of magna charta , contra consuetudines regni antiquas & usitatas , in cujus rei testimonium & imposterum veritatis testimonium , as well the king as the earls of norff. heref. fssex ad warwick , as peter de sabaudia , at the instance and desire aliorum magnatum & populi praesentium scripto sigilla sua apposuerunt . rex &c. cum nuper in parliamento nostro oxon. communiter fuit ordinatum quod omnes excessus & injuriae factae in regno nostro inquirentur per quatuor milites singulorum comitatuum , ut cognita inde veritate facilius corrigantur , &c. i have an abridgment or abstract of the rolls of this parliament , writ by the hand of mr. elsing , late clark of the parliament , who saith , my lord coke had it ; and some of the proceedings therein mentioned , i have found in the exchequer enrolled at that time . the articles of peace à domino rege & domino edwardo , praelatis & proceribus omnibus & communitate tota regni angliae communiter & concorditer approbata , were sealed by the bishop of lincoln , the bishop of ely , earl of norff. earl of oxon , humphry bohun , will. de monte canisio & major london in parliamento london mense junii , anno domini . de consensu , voluntate & praecepto domini regis , nec non praelatorum , baronum ac etiam communitatis tunc ibidem praesentium . and not only so , but that record tells us , quod quaedam ordinatio facta in parliamento london habito circa festum nativitatis sancti johannis baptistae proxime praeteritum pro pace regni conservanda . and we read in another record , rex &c. cum super praeteritis guerrarum discriminibus in regno angliae subortis , quaedam ordinatio seu forma pacis de nostro praelatorum , baronum & totius communitatis regni praedicti unanimi voluntate & assensu provida deliberatione inita fuerit , &c. ●n cujus rei testimonium huic scripto nos rex angliae , comes leyc . & glouc. jo. filuis johannis , johannes de burgo sen. will. de monte canisio , henr. de hastings , & gilbertus de gaunt , pro nobis & caeteris baronibus & communitate regni angliae sigilla nostra apposuimus . dat. apud cantuar. die jovis proximè post festum nativitatis beatae virginis , anno . and therefore those that hold that there were no commons , or citizens and burgesses in parliament before hen. . would do well to define and ascertain , who the communitas were after the words praelati , barones & magnates , in the before-expressed records . the fifth argument . from an act of parliament , an. h. . that famous prince , where it is declared and admitted , that the commons of the land were ever a part of the parliament , and so consequently were part of the parliament annis , joh. , , , , h. . all within the prescription of the borough of s. albans . the commons of england , upon their claim or protestastation , had , as their undoubted and unquestionable right , and inherent priviledge , allowed and admitted in parliament , that they had ever been a member of parliament : then were they a member of that joh. before-mentioned , of joh. , , , , & h. . and that no statute or law could be made without their assent . the record says , that so as hit hath ever be their liberte and freedome , that thar should no statute , ne law , be made of lass then they yaffe therto their assent , considering that the commune of your lond , the which that is and ever hath be a membre of your parliament , ben as well assentirs as petitioners . yet was the affirmation of the commons no other than a renovation or memorial of the ancient law of the land , as is proved before , and more fully explained and confirmed by the petition to the king and his learned council , and answer thereto in the parliament of e. . the record is not unworthy of a serious perusal . erchevesque evesque prelatz , counts , barons , & autre gentz de la comunyalte dengleterre que tiegnent lour manoirs en chief de nostre seigneur , as well within the forest as without , to which mannors they had gasz ( wast ) appendant , dont les seignourages avantditz arentunt , by the acre , half acre , & per rode en approvaunt lour manoirs . whereupon the ministers of the king made seisure thereof , pur ceo qu' eux ne unt la licence le roy d'entrer . therefore they pray , that they may approver leur manoirs & le povre pueple eyser , &c. responsum in dorso , il ne put estre fait sanz novele ley la quele chose fere la comunalte de la terre ne vult my uncore assentir , infra , coram rege . from hence i make these observations . . it proves that the law could not be altered without consent of the commons of england , though in a case particular to the king , as this was , for the petition was coram rege ; nor could the king and commons , without the lords . for e. . per avys des prelatz & grauntz de la terre fist respondre as les petitions des communes touchantes la leye de la terre , que les leyes eues & useez en temps passez , ne le processe dycelle useez cea en arere , ne se purrent changer sanz ent faire novel estatute , which as then they could not attend , but shortly would . . that they ought to agree to all new laws , and that no statute could be made without their assent . it is then remarkable , . that the commons of england , as now we stile them , gave their suffrage and vote in the enacting and making of all statutes and laws in the time of the progenitors of h. . which taken extensivè , is a very large prescription of right , for that king by the statute of assisa panis & cervisiae , made after . when it is pretended the commons began , viz. an. . tells us , that at his parliament held the first year of his reign , he had granted that all good statutes and ordinances , made in the time of his progenitors , and not revoked , should still be held . . but admitting the word progenitors be restrained to two , which i conceive was never intended by the law-makers , yet it cannot be denyed but that the statute of magna charta , for so it is called h. . fitz-herb . abrid . tit . mordaunc . n. . and by fleta , lib. . cap. . and all other statutes made at least , temporibus johannis & ricardi i. father and uncle of henry the third , had the assent of the commons in parliament , to make them laws . now the word progenitors in the statute , must i conceive go higher than ric. . for bracton a learned judge , who flourished in the time of henry the third , and so by a reasonable computation of time , may be supposed to have lived in the latter end of the reign of ric. . or beginning of king john's , after he had declared to posterity that he had bent his mind , ad vetera judicia perscrutanda diligenter non sine vigiliis & labore , and whatsoever he found notatu dignum , he reduced in unam summam perpetuae memoriae commendanda , concludes this point thus . cum legis vigorem habeat quicquid de consilio & de consensu magnatum & reipublicae communi sponsione authoritate regis sive principis praecedente justè fuerit definitum & approbatum . and so just and excellent was the ballance of the constitution of our legal government , in preventing any order or rank of the subjects , to impose upon or bind the rest without their common consent , and in conserving as it were an universal liberty and property to every individual degree of men , from being taken from them without their assent , as the county palatine of chester , ab antiquo were not subject to such laws to which they did not consent ; for as well before the conquest of england , as after , they had their commune concilium , or court of parliament , by authority of which the barones , milites & quamplures alii ( rot. h. . m. . dorso ) barones liberi homines & omnes alii fideles ( rot. pat. . e. . m. . ) or as the supplication to h. . saith , the abbots , priors , clergy , barons , knights , esquires , and commonalty , did with the consent of the earl make or admit laws within the same , such as should be thought expedient and behoveful for the weal of the inheritors and inheritance of the said county , and no inheritors or possessors within the said county were chargeable or liable , or were bounden , charged , or hurt of their bodies , liberties , franchises , lands , goods , or possessions , unless the said county ( or parliament ) had agreed unto it . and i dare under submission affirm , that neither this county palatine , nor durham , were ever subjugated to have their estates given away , at the good will and pleasure of the earl or bishop , under any notion or fancy in those days of being their representatives in the commune concilium regni , or that being dependant tenants , their consents were included in their lords assent : and if the commune concilium cestrense , or parliament , was deduced from records , it would be of greater use to shew us as in a mirror the government of england in antient days , than what i have yet seen published by any author . . that the answer of the king to the petition penned and made by all the judges of the land , his council in parliament cannot be supposed to be grounded upon a modern usage of . years from the time of h. . till then , if the tenants in capite jure repraesentationis , made the parliament as some hold , but was a declaration of the ancient custom and right of the nation . . that it was not in the power of all the tenants in capite of england , or the greatest part , who were the petitioners , though with the kings consent , to bind and oblige others , or to make or alter a law , sine assensu communitatis regni , who had votum consultivum , and decisivum , an act of authority and jurisdiction , as well in assenting to spiritual laws as temporal , as may appear for an in●tance , in their declaration or protestation to e. . in parliament . que nul estatut ne ordenance soit fait ne grante au petition du clergie si ne soit per assent de voz communes , ne que vous dites communes ne soient obligez per nulles constitutions q'ils font pur lour avantage sanz assent de voz dites communes : car eux ne veullent estre obligez nul de voz estatuz ne ordinances faitz sanz lour assent . fortescue cap. . pag. . tells us , sed non sic angliae statuta oriri possunt dum nedum principis voluntate sed & totius regni assensu ipsa conduntur . et si statuta licet tanta solennitate & prudentia edita , efficaciae tantae quantae conditorum cupiebat intentio , non esse contingant ; concito reformari ipsa possunt & non sine communitatis & procerum regni illius assensu quali ipsa primitus emanarunt . and that this was the antient law and right of the kingdom , appears by the answer of e. . an o . of his reign to the petition of the whole clergy of england ; for the clergy having given the king medietatem omnium bonorum tam temporalium quam spiritualium , complaining that the immunity of the church laesa fuit & violata , petiit à rege quosdam articulos ( rege jubente ) jussit enim rex postquam votis ipsius paruerant ( in giving the subsidy ) ut ipsi ab eo peterent remedia quae vellent . et petierunt imprimis ut statutum de manu mortua , quod in praejudicium sanctae matris ecclesiae fuit editum , deleretur cui quidem articulo respondit rex , quod idem statutum de consilio magnatum suorum ( so phrased by the historian ) fuerat editum & ordinatum , & absque eorum consilio non erat revocandum : but a more certain authority tells us , that the statute was made , per commune concilium regni , or parliament , as appears by rot. claus. e. . m. . dorso . rot. pat. e. . m. . and then the commons were unquestionably an essential part , and joined in the making the statute . the sixth argument . from the form of penning of 〈◊〉 of parliament , and expressions in records in , , h. . where it is pretended the comm●ns first began to be a part of the legislative power , which agree with the phrases of records of acts of parliament before that time . the king writes to the bishop of london , and to the rest of the bishops of the province of canterbury , that his heart was wounded 〈…〉 to dolore , that the earl of gloucester , and other rebels , had by crafty perswasions circumvented , pro 〈…〉 r ! prince edward , & ad partem suam proditori● a●●axe●unt proprii contemptu sacramen● , contra formam de nostro & ejusdem silii nostri , praelatorum , magnatum & communitatis regni nostri unanimi assensu & voluntate nuper london . provisam . the king per le conseil & l'assentement le rei de alemain & de countes , & de baruns , & del commun de la terre , pardoned and released the earl of gloucester , and all his company , &c. and the king per le conseil & passentement le rei de alemain , & les cuntes , & de barons , & le commun de la terre , pardoned and released the londoners , totes maneres de ire & de rancour & de male volente , &c. the king and prince having undertaken the crusado , for the holy land , quia tamen praelatis , magnatibus & communitati regni non videtur expediens neque tutum , that they should be both out of the kingdom , istis temporibus , it was agreed the prince should go , and a subsidy was granted to the prince by the parliament . if one should shew the authors of the novel opinion , only these records , and thereupon ask them who the communitas , mentioned in these records , after the words praelati , barones , & magnates were , i doubt not but they would say , knights , citizens , and burgesses , because they are after the pretended inception of h. . but then i desire to know what authority they can shew , why the communitas in , , , & h. . should not be a part of the parliament as much as of , , . of that king , since the words or phrases of both are alike in the records . for i do not think it a true way of reasoning , that because the notion of h. . is generally published by our now historians , and so believed : ergo , it unquestionably was so , and has always and in all ages been distinctly known and believed . the seventh argument . from the defect and loss of parliament rolls of h. . and e. . and from the universal silence of all records , and our antient historians contemporary and succeeding h. . till our days . it is true indeed for any thing yet appears , the parliament rolls of h. . are all lost or destroyed , though references are made to them by several clause and patent rolls of h. . and h. . yet no direct writ of summons ad parliamentum , is extant of that time , either of the lords or commons ( so m r pryn ) till the dorse of the clause roll h. . in a schedule affixed thereto , where there are writs for electing and sending to a parliament at london , two knights , citizens , and burgesses , and barons for the cinque-ports , and likewise summons to the great lords . but if that roll of h. . and rot. claus. e. . had been destroyed as many others of that time were , then had there been no footsteps or testimony left us on record , yet discovered , of any formal summons to parliament , of them or the prelats and temporal great lords , till e. . though several parliaments were in the interim , no less than twelve as the printed statute books tell us . and the commons expresly said to be present at some , and implyed in all , if the phrase of commune concilium regni implies so much , which 〈◊〉 think is unquestionable when compared with the statute of westm. . made e. . which was not eleven years after h. . wherein the constituent parts of the commune concilium regni , are enumerated and expressed , the statute being made per l'assentements des archievesques , evesques , abbes , priors , countes , barons & tout le comminalty de la terre illonques summones . now because from that one record of h. . ( being the only roll as yet found out ) it should be wonderfully observed , and from thence infallibly concluded and nicked , and by an ominous and influential asterism of rebellion and treason marked , that the very first writs ( whereby the great lords are said to be also first summoned ) to send two knights , citizens , and burgesses for each county , city , and borough , 〈◊〉 parliamentum , in octabis san●ti hillarii , were made in this very year , at that very crisis of time , nay tested on such very days , when the rebellious barons ( after the battel of lewes ) had the king and prince in their power , and exercised regal authority in his name , under good favour seems not at all satisfactory and convincing to me , until they give more certain and greater testimonials and evidence , and answer these few records . if the epocha of the knights , citizens , and burgesses , or commons ( as now called and distinguished from the great lords ) being first admitted a part of the parliament and legislative power , had such a creation and origine , it is more than a wonder , though the parliament rolls be destroyed , that the lieger books , charters , or historians of that time , either national or foreign , of which there are not a few , or our antient lawyers , bracton , britton , fleta , and hengham , had not amongst many narratives of far less moment and weight , given posterity a remark , or some short hint or memorial of so suddain , so great , and so universal a change or catastrophe of the whole constitution and ancient frame of the english government , as that must unquestionably be admitted to be , or some subsequent chronologer had not so much as dreamed of it till of late , or that branch in the ancient coronation oath of our kings , demanded by the archbishop , had not been omitted , or ne ver administred , which runs thus . concedis justas leges & consuetudines esse tenendas , & promittis per te esse protegendas , & ad honorem dei corroborandas quas vulgus elegerit secundum vires tuas . [ respondebit rex , concedo & promitto . ] the word elegerit , being admitted to be of the praeterperfect tense , it certainly shews , that the peoples election had been the foundation and ground of antient laws and customs ; and the term of justas leges , seems to allow a liberty of debate , reason , and argument , so much as might be of efficacy and force , to demonstrate and convince , that the laws so required by the commons of the king , were just and reasonable ; the debate and consideration of which certainly was never , nor ever could be intended to be done in the diffusive capacity of all the commons of england , separatim , but in an intire , or in an aggregat body , that is , in their communia concilia , or parliaments . and with this agrees the statute of provisors , an. e. . which saith , whereupon the said commons have prayed our soveraign lord the king , that upon the mischiefs and damages which happen to his realm , he ought and is bound by his oath , with the accord of his people in his parliament , thereof to make remedy and law , and removing the mischiefs and damage which thereof ensue . ( and this they say ) sith the right of the crown of england , and the law of the realm was such . nor indeed can i apprehend any colourable pretence , much less a probable reason , that if the barons had h. . usurped the soveraign power into their hands , they should . so easily and speedily divide and share it with the commons , constitute a new court of parliament , and make them essential and coordinate with themselves in the legislative power : sure we know it is natural for all courts , ampliare & non diminuere jurisdictionem . . that at that parliament the numerous barons ( as they stile them ) should but summon . of their own order , when the archbishops , bishops , abbots , priors and deans , made , if we must be concluded by the records . if there were then two houses of parliament , and that the knights , citizens , and burgesses , did not sit with the lords , the prelates having so great advantage of the temporal lords in their votes , were very unkind to the crown they made not use of their over-ballance for the delivery of the king and prince , then said to be in custody . . nor have i yet met with any reasons given , why when the government of the whole kingdom was at this parliament of h. . to be setled after so long and bloody a war , the barons being then so victorious and numerous , as our modern authors say , they would by their absence hazard and endanger the loss of all by entrusting the prelates and commons with the over-ballance . many remarkable observations might be raised upon this record , both as to the lords and commons , but i will now pass to my eight argument , concluding this with m r pry●●s opinion , how the parliament rolls before e. . came to be lost or destroyed . i will use his own words . that there are no records at all in the tower ( except some few antient charters or exemplifications of them ) antienter than the first year of king john , all the rest from william the first his reign till then ( except some few in the exchequer not relating to parliaments ) being utterly lost , the first parliament rolls yet remaining are these , , , , and th of king e. . the statute roll of h. . e. . e. . containing some statutes made in their reigns , a parchment book of some pleas in parliament during the reigns of king e. . and . and a few bundles of petitions in the parliaments of e. . and , , , and e. . none of which are here abridged ( viz. in the abridgment by him published ) only i find in the clause patent charter and fine rolls of king john , h. . e. , and . some writs of summons , and some memorials of acts , ordinances made , and aids , subsidies , dismes , quindisms , customs granted in parliaments , held during their reigns , the rolls whereof are perished and quite lost , either through the negligence of the record keepers , or the injury , iniquity of the times during the civil wars between the king and barons , in the reigns of king john and h. . and betwixt the two houses of lancaster and york , for the title of the crown , wherein ( it is very probable ) the prevailing king's parties , by their instruments , imbezled , suppressed such parliamentary records and proceedings , as made most against their interests , power , prerogatives , titles ; or through the default of our kings great officers and attornies , who sending for the parliament rolls out of the tower , upon special occasions , never returned them again for reasons best known to themselves , by means whereof , those parliament rolls being no where to be found , their defects must be supplied only out of such fragments and memorials of them , as are extant in our other records and antient historians , especially in matthew paris , matthew westm. william of malmesbury , henry arch-deacon of huntingdon , roger de hoveden , simeon dunelmensis , the chronicle of brompton , radulphus de diceto , ranulphus cestrensis , and thomas of walsingham , who give us some accompts of their proceedings and transactions , which else had been utterly buried in oblivion , as well as their rolls wherein they were at large recorded , as is evident by the parliament rolls yet extant . the eighth argument . from the various opinions of the learned men in and since h. . who never dreamed of any such origine , nor was it ever heard of till of late . it would be tedious to set down the various and wandring opinions and reasons of our modern authors in english , touching the beginning of our parliaments , and constituent parts thereof , especially of the commons , as now called and comprehended in the knights , citizens , and burgesses in parliament : i will but instance in a few eminent authors , and leave the croud behind . the great antiquary , mr. lamberd holds , that they were before the time of william the first , and there are other learned men who give their assent to that as a great truth . mr. prynn saith , by all the ancient presidents before the conquest , it is most apparent , that all our pristine synods and councils were nought else but parliaments ; that our kings , nobles , senators , aldermen , wisemen , knights and commons , were usually present , and voting in them as members and judges . polydore virgil , hollinshead , speed and martin , are of opinion , that the commons were first summoned at a parliament at salisbury , an. h. . sir walter raleigh in his treatise of the prerogative of parliaments , thinks it was anno h. . my lord bacon in a letter to the duke of buckingham , asks , where were the commons before h. . gave them authority to meet in parliament ? dr. heylin finds another beginning , and saith , that h. . who was duke of anjou , was the first institutor of our high court of parliament , which ( being an anjovian ) he learned in france . but i cannot find that any of those ever supposed the commons were first introduced in parliament h. . by rebellion . nor was this opinion entertained by any author i can meet with , anno . h. . for in an answer of that great and excellent person sir thomas more , lord chancellor of england , in his supplication of souls against the supplication of beggers , discoursing about king johns making ( in the th year of his reign , and three years before his granting magna charta ) the realm tributary to the pope , declares his judgment without any doubt or hesitation , and therein as i take it the universal tradition and belief of all learned men of that and precedent times : that the clergy and all the lords and commons of the realm made the parliament in the age of king john , and that never could any king of england give away the realm to the pope , or make the land tributary without their grant ; whose book , and so his opinion we find approved of and published by a grave and learned judge of the kingdom , mr. justice rastall , and dedicated to queen mary her self , an. . not much above a century ago . the ninth argument . from the comparison of the antient generale concilium , or parliament of ireland instanced an. h. . with ours in england , wherein the citizens and burgesses were , which was eleven years before the pretended beginning of the commons here . as great a right and priviledge surely was and ought to be allowed to the english subjects as was to the irish before h. . and if that be admitted , and that their commune concilium , or parliament , had its platform from ours , as i think will not be denied by any that have considered the histories and records touching that land , we shall find the two ensuing records , an. h. . clearly evince , that the citizens and burgesses were then a part of their great council or parliament . that king being in partibus transmarinis , and the queen being left regent she sends writs in the kings name directed archiepiscopis , episcopis , abbatibus , prioribus , comitibus , baronibus , militibus , liberis cominibus , civibus & burgensibus terrae s 〈…〉 hiberniae , telling them that mittimus fratrem nicholaum de sancto neoto , fratrem hospi●●i sancti johannis jerusalem in anglia ad parses hiberniae ad exponendum vobis ( together with i. fitz geffery the kings justice ) the state of his land of vascony endangered by the hostile invasion of the king of castile , qui nullo jure sed potentia sua consisus terram nostram vasconiae per ipsius fortitudinem à manibus nostris auferre & à dominio regni angliae segregare proponit . and therefore universitatem vestram quanta possumus affectione rogantes quatenus nos & jura nostra totaliter indefensa non deserentes nobis in tanto periculo quantumcunque poteritis de gente & pecunia subveniatis , which would turn to their everlasting honour , concluding his nostris angustiis taliter compatientes quod nos & baeredes nostri vobis & haeredibus vestris sumus non immerito obligati . teste regina & r. comite cornubiae apud windesor , o die februarii , per reginam . the other writ somewhat varies , being a commission touching the chief justice fitz geffery , to be as an assistant or co-commissioner with father nicholas , to hold the parliament , to declare to them the state of gascony , & pericula nobis imminentia , & ad tractandum vobiscum super auxilio nobis faciendo , against the king of castile , desiring they would give faith to what the chief justice should say to them thereupon . rot. pat. e. . m. . we read : rex archiepiscopis , episcopis , abbatibus , prioribus , comitibus , baronibus , militibus , & omnibus aliis anglicis de terra hiberniae , &c. vobis mandamus quod ad certos dies quos ad hoc provideritis , videlicet citra festum nativitatis beatae mariae virginis , in aliquibus locis opportunis conveniatis , & diligentem tractatum inter vos habeatis , utrum fuerit praejudicio vestri & libertatum & consuetudinum vestrarum , that the meer irish should use and enjoy the same laws and customs in common as the english there , and to send their judgment and counsel , under the seal of the justice of ireland . and in the twentieth year of this king , magnates & probi homines terrae hiberniae quint amdecimam partem de bonis & catallis suis concesserunt gratiose to the king , which certainly was done in the generale concilium , or parliament , and that the general phrase ( probi homines ) did include and comprehend the citizens and burgesses to be part of that general council , for rot. claus. h. . m. . dorso , the citizens of dublin are called probi homines nostri dublyn . from hence may be observed , . that by the patent rolls of h. . the citizens and burgesses were summoned to meet at the great council or parliament , as well as the prelates , earls , barons , knights , and free-holders , and equally desired to give the king a subsidy of men and money . . that though in the writ of e. . the citizens and burgesses are not mentioned eo nomine , the phrases of directions in writs being in those ages very various , sometimes more general , and sometimes more particular ; yet the words omnibus aliis anglicis after baronibus & militibus , must comprehend the citizens and burgesses , who were to meet and diligently to treat with the archbishops , bishops , abbots , priors , earls , barons , and knights and freeholders , whether it would be in prejudice of their liberties and customs , if the meer irish should enjoy the same laws and customs as they of the english extraction did , and they were to join in giving their judgment and counsel with the rest of the parliament . and reason it self speaks it , since the admission of the meer irish into equal priviledges and rights with themselves in their cities and towns , would be of so great a consequence to them ; for upon the kings granting by charters to several irish families , the benefit of the english laws , great disputes arose , so that rot. claus. e. . m. . intus , upon a petition to the king , he granted that semel in anno tene●tur parliamentum to redress their grievances touching the irish and english laws , and so the word parliamentum ascertains what those councils were in the patent rolls of h. . and e. . before-mentioned . and now i will close my arguments , declaring under the good favour of so eminently learned authors , that their resolves and opinions which they have published to the world , that the inception and original election of knights , citizens , and burgesses , or the admission of the commons of england ( as now phrased ) into parliament by rebellion and treason , anno h. . are not at all satisfactory and convincing in my judgment , unless they give more certain and greater testimonials than yet i have met with , and answer these few records against their so severe position . a position , believe me , that like a tempestuous whirlwind , not only rends off and dismembers an essential branch , but shakes the very root of the right and honour of our english parliament , and equally wounds both lords and commons , because these learned authors themselves do agree , that there is not yet discovered any formal summons of the great lords ( no more than of the commons ) to any parliament before the said h. . and here i must beg the favour of the reader of adding a supplemental argument , which at first i confess was not intended , and it is this . if in the general councils , or , in our present dialect , parliaments , for instance , . of france , . spain , . portugal , . denmark , . sweden , and . scotland , the cities and great towns or boroughs , have from time immemorable , both de jure and de facto , had their delegates or representatives : upon what authority or reason can it be believed , that so universal a northern custom or law , did not obtain and was never practised in england before h. ? . for france we find their conventus ordinum , or l'assemblie des estates , consisted de sacerdotio , nobilitate & plebe , of the clergy , nobility and commons , this is evident by the parliament roll h. . which takes notice of the peace made between england and france , that the same was confirmed in france , per tres status regni , viz. praelatorum & cleri , necnon procerum & nobilium ac etiam civium , burgensium , civitatum , villarum & communitatum dicti regni francorum , ipsi tres status eandem pacem & omnia & singula contenta in eadem approbarunt , laudarunt , acceptarunt & auctorizarunt . it seems by this that the french kings were not so despotical and absolute by the fundamental laws of that kingdom , as their successors have by acts of power since made themselves . . in spain their curia or cortes del reyno , is compounded ( as dr. heylin cites out of the learned bodin ) of the clergy , the nobility , and the commissioners of the provinces and antient cities . . the portugal cortes or parliament consists of the bishops and prelats , the nobiles majores & minores , and two procurators or burgesses from every city , who have a deliberative voice , which they call definitive . . in denmark , pontanus saith , the bishops , the nobility , & civitatum delegati , the deputies or commissioners of towns and cities , made up their general council . . for sweden , it does not much differ from the government and form of denmark , their common council consisting of the same estates and degrees of people , that is to say , proceres & nobiles , the greater and the less nobility , episcopi & ecclesiastici , civitates & universitates , the cities , boroughs and villages . i might here if it were needful , shew how great a share and interest the hanze or free towns in germany have by their deputies in all ages had in the diet or general council of the empire . . but now at last we are come to scotland , sir john skene in his epistle dedicatory to king james , before his scottish laws , writes thus . intelligo tuas tuorumque majorum leges quae cum legibus regni tui angliae magna ex parte consentiunt ; and then in his book shews , that willielmus cognominatus leo , who as is said , begun to reign in . and reigned . years , so as he was king of scotland of our henry the first , held his assise or parliament at perth , where several laws were ordained , to the observance whereof , episcopi , abbates , comites , barones , thani & tota communitas regni tenere firmiter juraverunt . king alexander began to reign anno . which was the sixteenth year of our king john , and reigned . years , so as he died an . h. . he made his laws de consilio & assensu venerabilium patrum episcoporum , abbatum , baronum ac proborum hominum suorum scotiae . and what the communitas regni in king william's statutes , and the prob● homines in king alexanders , were , the league made between the french king and the crown of scotland , anno e. . clearly shews , being ratified and confirmed in their parliament , per johannem de balliolo , then king , ac praelatos & nobiles & universitates & communitates civitatum & villarum dicti regni scotiae ; and the constant practice ever since hath been , that the cities and boroughs have sent their proxies or representatives to the parliaments of that kingdom . it may therefore seem very strange , that when the cities and boroughs in all the kingdoms of europe , de jure and de facto were ab antiquis temporibus , even in times coeval with the government , an essential part of their common councils or parliaments , that england should not be under the same constitution , being but descendants from gaul , or the more northern countries ; if so , . was it because in the britton , saxon and norman times , there were no cities or boroughs , or if there were , were they so poor and inconsiderable , as they deserved no observation in the eye of the state ? or , . was it because , by a strange and unheard of fate , peculiar and proper only to them , they were not fit or capable to give or hear reason , as well as the delegates or representatives of the cities and boroughs of france , spain , portugal , denmark , sweden and scotland ? or , . had they no property or right in their estates ? certainly , in my opinion , none of these objections can be admitted , allowed , or proved ; for in the brittons time , venerable bede tells us . erat britannia viginti & octo civitatibus quondam nobilissimis insignita praeter castella innumera , quae & ipsa muris , turribus , portis ac seris erant instructa firmissimis . nor were they of less reputation in the saxon or norman times , when they were thought so necessary and proper for the safety of the govern ment , preservation and defence of the laws , that it was ordained by william the first , and the common council of the kingdom ; that no market or fair should be permitted to be held , nisi in civitatibus regni nostri & in burgis ubi consuetudines regni & jus commune & dignitates coronae nostrae deperiri non possunt nec defraudari nec violari , sed omnia recte & in aperto & per judicium & justitiam fieri debent , &c. ad tuitionem gentium & populorum regni & ad defensionem regni . and if in the brittons times the nation was so strong in cities and castles , surely it cannot be imagined but that in the saxon and norman times , when the nation became to be more civilized and considerable in the world , the estates or degrees of the inhabitants would easily part with these liberties and priviledges , which their ancestors , though less knowing and powerful , did claim and enjoy . having thus concluded my arguments against the position of h. . i have thought it not altogether impertinent , to add some brief observations for the better understanding of antient records , and historians in their various lections and different expressions . i shall therefore consider , . the different application of the words commune , communitas , or plebs . . the several denominations by which our antient general , or common council or parliaments , were expressed . . the various acceptation of the word baro , and that under the phrase of baronagium angliae , both lords and commons were comprehended . observation i. the different application of the words commune , communitas , or plebs . there lies a main objection against me , for some authors say , that the words commons , communitas , or plebs , is not to be met withal in any antient authors or records ; ab ingressu willielmi primi usque ad excessum h. . and therefore conclude , they were never a part of the commune concilium , or parliament , before h. . because not mentioned eo nomine . admitting the objection true ( which i conceive otherwise ) yet it is no conclusive argument , for before the statute an. r. . cap. . i cannot find the appellation of lords temporal , nor before the th of that king cap. . the phrase lords spiritual and temporal in our printed statute books ; ergo , from thence it follows by a necessary consequence , according to their argument , that they were not any part of the generale concilium , or parliament , before those times , because not expressed by that name . i suppose this conclusion will not be admitted true . but as i am well satisfied , that the archbishops , bishops , abbots and priors , who were often expressed by , and comprehended in the word praelati , and who in after times constituted the lords spiritual , and the earls and barons , as now differenced , the lords temporal , were ab antiquo undoubtedly a part of the commune concilium regni , or parliament ; so it may be proved if insisted upon , that the milites and libere tenentes de regno or angliae , the knights and gentlemen , or freeholders of england ( licet nonnunquam diversis & variis appellationibus expressi & inclusi , in which those qui de rege tenuerunt in capite , or barones regii , or regis , to difference them from the barones regni , were comprehended ) were à crepusculo temporis , a constituent and essential part also , although by historians and records they are often mentioned by , and included in titles , which in late times import more honour , and are now of an higher acceptation , and had not the name of commons fixed , or generally stamped upon them as in after ages . sed haec obiter . . as to the word communes ( or communitas ) i have in my enquiries observed it to be used in six senses . . to comprehend the whole commune concilium regni , or parliament . a le commune dangleterre : here commune is taken for people , so as tout le commune is here taken for all the people , and this is proved by the sense of the words , for magna charta was not granted to the commons of the realm , but generally to all the subjects of the realm , viz. to those of the clergy , and to those of the nobility ; and to the commons also . and that [ commune ] in this place signifieth people , it is proved by the preamble , for there the great charter and the charter of the forest , are rehearsed to be granted by king h. . to his people , and here they are said to be granted [ a le commune ] and see before e. . confirm . chart. cap. . & cap. . for this word commune and comminaltie : so as [ a le commune ] here signifieth not to the commons of the realm , but to the people of the whole realm ; and herewith agree our books , for that a common nusance which concerns le commune on le comminaltie , le suite serra done au roi , where [ commune ] and [ comminaltie ] include all the kings subjects . . to comprehend the communitas praelatorum & baronum . . to comprehend the generality of all that came to parliament , after the particular enumeration of the orders of the great lords , viz. archiepiscopi , episcopi , abbates , priores , comites , barones . the statute of westm. . made e. . eleven years after h. . saith , per l'assentements des archievesques , evesques , abbes , priors , counts , barons , & tout le comminalty de la terre illonques summones . the statute , de asportatis religiosorum , e. . though made anno o saith , that dominus rex post deliberationem plenariam , & tractatum cum comitibus , baronibus , & aliis nobilibus & communitatibus regni sui habitum in praemissis de consensu eorum unanimi & concordi , ordained , that it should be observed : but upon the producing the roll in the parliament e. . it is said , that the petition for the statute was per countes , barones & communes du royalme , and so under the word communes , the alii nobiles are included . . the communitas comitatuum regni , or universality of the counties of the kingdom represented by the magnates , chivalers , or grandz of the counties ; of which appellations i shall give some few instances . inter communia brevia de termino sanctae trin. s. mich. an o o e. . penes rememoratorem domini thes. in scaccario , the milites comitatuum and barones quinque portuum , are called magnates . rot. claus. e. . m. . dorso . inhibitio ne qui magnates , viz. comes , baro , miles , seu aliqua alia notabilis persona transeat ad partes transmarinas . ex libro statutorum impress . lingua gallica penes meipsum , e. . cap. . rastalls stat. pag. . item que les prelats , countz , barons , chivalers & autres grandes de chescun paiis . statutum de servientibus e. . per assent de les ditz prelatz , countes , barones , & autres graundes de la dite communalte illonques assemblez . ms. penes meipsum . stat. e. . statutum stapulae . grantz des counties . . applied to the communities or societies of the cities and boroughs . rot. de superioritate regis angliae in regno scotiae , anno e. . omnes & singuli tam episcopi & alii ecclesiarum praelati , quam comites , barones , magnates , proceres civitatum & burgorum communitates . rot. parl. e. . n. . chivaliers des countees & communes . rastall's stat. e. . fol. . statute staple , whereas good deliberation had with the prelats , dukes , earls , barons , and grandes des countees de chescun countee un pur tout le countee , and of the commons of the cities and boroughs of our realm of england . . to the commune or generality of the body of the clergie in parliament . monstre la commune de la clergie , & per la ou diverses abbes , priores , esglises cathedrales & collegiates , & autres gentz de seinte esglise ount diverses rentz . observation ii. . the several denominations by which our antient general , or common council , or parliaments , were expressed . if any man will be at the expence of so great a charge and trouble , as to compare the various lections of historians and records together , and the manner and phrase of words and speeches , proper to particular ages and times , he may satisfie himself what those councils were , and their constituent parts , whom the antient historians mean , when they say , convocati , or congregati fuerunt nobiles angliae . omnes regni nobiles . nobilitas totius regni . tota nobilitas angliae . totius angliae nobilitas . magnates angliae . totius regni magnates . proceres regni . proceres & fideles regni . universitas totius angliae nobilium . universitas regni . barones angliae terrae or regni . universitas baronagii , or barnagii angliae . baronagium , or barnagium regni , or angliae . regni totalis universitas . pontifices & principes anglicani . primordes & magnates regni . principes regni , praesules & principes regni . optimates totius regni , or angliae . primates regni . majores regni , majores angliae . assisa regni . discretio totius regni . generale placitum . clerus & populus . communitas regni . generale concilium regni . concilium regni . and such like expressions and phrases , varying in several ages , till at last they fixed on the word parliamentum . to demonstrate all which will require a longer discourse than i here intend ; however , having before touched upon the parliaments of johannis , and h. . i will give instances how they have been named in records and histories . anno o regis johannis . . archiepiscopus c 〈…〉 , episcopi , barones & magnates . . generale concitium . . barones & liberi homines totius regni . . barones & liberi homines dominii nostri . . magnates . . fuerunt autem quasi ex parte regis stephanus cantuariensis & h. dublinensis archiepiscopi , &c. illos quoque qui ex parte baronum affuerunt qui innumerabiles fuere , non est necesse numerare , cum tota angliae nobilitas in unum collecta quasi sub numero non cadebat . . barones . . parliamentum . . barones angliae . . baronagium angliae . . enprimes est accorde & assentu q' le franchise de seinte esglise & la grand chartre & la chartre de la forest & les autres statutes faitz per nostre dit seignour le roy & ses progenitors piers & la commune de sa terre . anno o h. . . tota nobilitas angliae . . parliamentum . . archiepiscopi , episcopi , abbates , priores , comites , barones , milites , & alii magnates regni angliae . . magnates & communitas populi . . anno . h. . hoc anno h. rex angliae ad instantiam praelatorum , comitum & baronum cartas duas eis concessit , unam de libertatibus quae magna charta dicitur , & alia quae dicitur de foresta , pro qua concessione communitas angliae concessit regi quintam decimam partem omnium bonorum suorum mobilium per totam angliam . baronagium . in the parliament at oxford h. . parliamento autem incipiente solidabatur magnum propositum & consilium immutabile exigendo constantissime ut dominus rex cartam libertatum angliae quam johannes rex pater suis anglis confecit & confectam concessit , quamque idem johannes tenere juravit , fideliter teneat & conservet , quamque idem rex henricus multoties concesserat & tenere juraverat , ejusque infractores ab omnibus angliae episcopis in praesentia sua & totius baronagii horribiliter fecit excommunicari & ipse unus fuerat excommunicantium . so as the excommunication here meant , being that of h. . then made in the presence of the king , great men , and communitatis populi , is here said to be done in praesentia totius baronagii angliae . and for the honour of magna charta , i will conclude this head with an act of parliament . that valiant and great prince , e. . after the overthrow of his enemies , and peaceful possession of the crown , assisted with the judges of england , archbishops , bishops , abbots , priors , his dukes , earls , viscounts , and barons , with the great men or knights of the counties , and commons in full parliament , hath left this recorded to posterity . they call this great charter the laudable statute of magna charta , which statute was made for the great wealth of this land , upon which magna charta , the great sentence and apostolique curse , by a great number of bishops , was pronounced against the breakers of the same ; and the same sentence is four times in the year openly declared , according to the law of holy church ; and in affirmance of the said statute , of the said great charter , divers statutes have been made and ordained . and great reason certainly they had to put so high a value on that so famous charter , since the substantial part of the laws thereof were no less than the great results , decrees , and judgments , ordained by the prudence and justice of the brittish , saxon , and danish dynasties , founded upon two grand and principal bases or pillars , liberty and property , which like those two brasen ones called boaz and jachin , supporting the temple of solomon , upheld the tottering frame and fabrick of our antient government , though often by evil men designed to be overthrown . a charter , empta & redempta , purchased and redeemed with vast treasure of the nation , and the effusion of a sea of christian blood . a law published and established with fearful execrations , and terrible curses , against the infringers and breakers thereof , and all done with that religious solemnity , and profound ceremony , as it may seem inferior only to that of the commandments of almighty god given to the jewish nation . all great ministers of state and justice were at their entrance into their offices , solemnly to swear the observation thereof , and great reason there was for the making of this law , both for the preservation of the king , and also the kingdom ; for that parliament well knew the woful confusions in the reign of edward the second , who being seduced by his two minions the spencers , for want of observing the good old laws and customs of england , cut off the head of thomas earl of lancaster his uncle , that being the first act of shedding the sacred royal blood by colour of law i ever met withal in history ; they usurped royal power , they sent the queen and prince ( afterwards great edward the third ) beyond sea , and prevailed with e. . to declare the queen and prince traytors . they monopolized the kings eyes , ears , and his whole understanding , so that the king nothing did , or would do , but what they did counsel him , were it never so great wrong ; and if any had the courage to complain against them , or so much as fetch a loyal sigh , or lament the hard fate of the king then imposed upon by those favourites ; they were branded with arraigning the government , striking at the foundation of state , and being guilty of treason , and what not . the consequences of whose unhappy counsels and policies , are too well known in history to have been the ruine both of the king and themselves . the priests and confessors were strictly commanded to frame and direct the consciences of the people to the observation and obedience of the great charter , and they did so , not like the sibthorps and manwarings of later times , who by their flatteries of prerogative for their own promotion seek to ruine the subjects property . observation iii. the various acceptation of the word baro , and that under the phrase of baronagium angliae both lords and commons were comprehended . as to the word baro , it was not much more in use before william i. obtained the english diadem , that i can find , than the word communes , baro britanni pro suo non agnoscunt in anglo-saxonic is legibus nusquam comparet nec in alfrici glossario saxonico inter dignitatum vocabula habetur . for the english saxons called those in their own language ●al●epmen which in latine were named comites , and the danes earls , but of so extensive an import in its signification , as we read of aldermani regis , aldermani comitatus , civitatis , burgi , castelli , hundredi , sive wapentachii & novem decimorum , so according to the strict word they had whole regiments of earls . the greatest title of which , seldom , if at all , descended hereditarily till the confessors time , and after will. i. became king , the word ●al●epman began to change and vary its signification , and in room of aldermani regis , we find barones regis ; for aldermani comitatus , barones comitatus ; for aldermani civitatis , barones civitatis ; for aldermani burgorum , barones burgorum ; for aldermani castellorum , barones castellorum ; for aldermani hundredorum , barones hundredorum sive wapentachiorum . sir henry spelman saith , that simplices villarum maneriorum domini de quocunque tenentes qui sacham & socham habent , were antiently called barones . and all freeholders , hoc est tam in soccagio quam per servitium militare , had the title of barones ; and in his species of barones comitatus , saith , proceres nempe & maneriorum domini nec non libere quique tenentes , anglice freeholders , had that appellation . notandum autem est libere hos tenentes nec tam exiles olim fuisse nec tam vulgares ut hodie deprehenduntur . the great selden in his notes upon eadmerus upon the word barones , saith , vocabulum nempe alia notione usurpari quam vulgo , neque eos duntaxat ut hodie significare quibus peculiaris ordinum comitiis locus est . and the learned camden writes , verum baro ex illis nominibus videatur quae tempus paulatim meliora & mollior a reddidit ; nam longo post tempore non milites sed qui liberi erant domini & thani saxonibus dicebantur , barones vocari coeperunt , necdum magni honoris er at , paulo autem postea ( meaning after the normans coming ) eo honoris per venit ut nomine baronagii angliae omnes quodammodo regni ordines continerentur . the authority of these most learned antiquaries is such , that it would be a presumption in me to go about to add any thing , i shall only say , i have met with some records that clearly prove their opinion , and for illustration shall subjoin one record more , and so conclude this point . anno h. . great complaint was made in parliament against the church of rome's exactions here in england , whereupon anno h. . litterae missae cardinalibus romanae ecclesiae apud lugdunum à baronibus , militibus , & universis baronagii regni angliae per rogerum bigod , comitem norff. willielmum de cantelupo , johannem filium galfridi , radulphum filium nicholai , philippum basset , barones procuratores baronagii angliae , tunc temporis innocentio papa quarto celebrante concilium ibi generale . anno gratiae . venerabilibus in christo fratribus universis & singulis dei gratia salutem . barones , milites , & universitas baronagii regni angliae , &c. electi sunt igitur ( writes mat. paris . ) ad hoc nomine totius universitatis regni angliae ad concilium lugdunense missi comes rogerus bigod , johannes filius galfridi , willielmus de cantelupo , philippus bassett , radulphus filius nicholai , milites , saith mat. westm. p. . l. . magister willielmus powic clericus . another letter was sent per magnates & universitatem regni angliae , super extortionibus curiae romanae , to the pope himself , who negotium posuit in suspenso . the ambassadors returning , and a second parliament being called at westm. the record goes on . articuli gravaminum & oppressionum quibus regnum angliae oppressum fuit temporibus henrici filii regis johannis per curiam romanam , quae scilicet ostensa fuerint cardinalibus romanae ecclesiae , & ....... innocentio papae quarto ore tenus per procuratores praedicti regni in generali concilio apud lugdunum , & quod gravamina dictus papa procuratoribus dederit in praemissis ad revocanda , quae scilicet gravamina non revocata postea barones , milites & universitas baronagii angliae conquerentes ostenderunt praedicto regi in concilio habito apud westm. in proxima quadragesima sequenti post praedictum concilium . whereupon by common advice it was agreed , to send ambassadors with second letters of their grievances to the pope at rome , directed thus . sanctissimo , &c. devoti silii sui comes cornubiae richardus , &c. & alii totius regni angliae barones proceres & magnates ac nobiles portuum maris habitatores , necnon & clerus & populus universus , salutem . matthew paris calls this a parlial●ament , convenientibus igitur ad parliamentum totius regni magnatibus , and mention is made of the first message in the close roll , h. . rex abbati de sancto edmundo salutem . cum pro oppressionibus innumerabilibus factis in regno nostro per ecclesiam romanam ob quam magnates nostri ad sedem apostolicam appellarunt , & quosdam pro ipsis & pro universitate baronagii angliae ad concilium in brevi celebrandum ad appellationem suam prosequendam duxerunt destinandos . and indeed records and histories will furnish us with several precedents , where succeeding parliaments as well as these of h. . have sent letters to the pope when he attempted to invade the rights of the crown or kingdom . i will give two instances in the reigns of the two famous princes , edward the first , and edward the third . . edward the first , an. of his reign , claimed scotland , as rex & superior dominus , the pope as a fiefe of the roman church ; the pope backed by the french king , summons edw. to appear before him in his court at rome , and sends his letters or bulls to the archbishop of canterbury to serve them ; the archbishop obeys , the king tells him , verum quia consuetudo est regni angliae quod in negotiis contingentibus statum ejusdem regni requiratur consilium omnium quos res tangit , and shortly after summons his parliament at lincoln , in octabis sancti hillarii , to advise with his parliament , how to defend the rights of the crown against the papal claim . the parliament thereupon send their letter to the pope , subscribed and sealed by several of the principal men of the parliament , as the usage of that age was , telling him , that sane convocato nuper per serenissimum dominum nostrum edwardum dei gratia regem angliae illustrem parliamento apud lincolniam generali ; the king had caused the popes letter , in medio , or pleno parliamento exhiberi ac seriose nobis fecit exponi , unde habito tractatu & deliberatione diligenti super contentis in litter is vestris memoratis , communis , concors & unanimus omnium nostrum & singulorum consensus fuit , est & erit inconcusse deo propitio in futurum , quod praefatus dominus noster rex super juribus regni scotiae aut aliis suis temporalibus nullatenus respondeat judicialiter coram vobis nec judicium subeat quoquo modo aut jura sua praedicta in dubium quaestionis deducat , nec ad praesentiam vestram procuratores aut nuncios ad hoc mittat , praecipue cum praemissa cederent manifeste in exhaereditationem juris coronae regni angliae & regiae dignitatis ac subversionem status ejusdem regni notoriam , necnon in praejudicium libertatis consuetudinum & legum paternarum ad quarum observationem & defensionem ex debito praestiti juramenti astringimur , & quae in manu tenebimus toto posse totisque viribus cum dei auxilio defendemus . nec etiam permitt 〈…〉 s nec aliqualit●● per 〈…〉 mus sicut non possumus nec debemus praemissa tam insolita , indebita , praejudicialia & alias inaudita praelibatum dominum nostrum regem etiam si vellet facere seu modo quolibet attemptare . quocirca sanctitati vestrae reverenter & humiliter supplicamus , quatenus eundem dominum nostrum regem qui inter alios principes orbis terrae catholicum se exhibet & romanae ecclesiae devotum , jura sua & libertates & consuetudines & leges praedictas absque diminutione & inquietudine pacifice possidere ac illibata persistere benignius permittatis . in cujus rei testimonium sigilla tam pro nobis quam pro tota communitate praedicti regni angliae praesentibus sunt appensa . datis & actis lincolniae , anno dom. . . the second is , the letter to the pope , made at the parliament , e. . touching provisions . quod rex & tota nobilitas regni pati noluit , &c. thus translated , whereby the phrase nobilitas regni , in the historian , will be explained . to the most holy father in god , lord clement , by the grace of god , of the holy church of rome , and of the universal church , chief and high bishop , his humble and devout children , the princes , dukes , earls , barons , knights , citizens and burgesses , and all the communaltie of the realm of england , assembled at a parliament holden at westm. the th day of may last past , &c. in witness whereof we have hereunto set our seals . given in the full parliament at westm. on the eighteenth day of may , anno dom. . and indeed the commons were so highly incensed , that the parliament roll of this year tells us , that la dite commune ne le poet ne le 〈…〉 t plus endurere those strange oppressions of the pope and provisors . so that the parliament of h. . after great debate and consideration , and a diligent search and inspection of the antient records of the kingdom , did ground their statute amongst others , upon these great authorities ; the statute saith , whereas the king his most noble progenitors , and the nobility and commons of the said realm , at divers and sundry parliaments , as well in the time of king edw. . 〈◊〉 . . r. . h. . and other noble 〈◊〉 of this realm , made sund●● or 〈…〉 s , laws , statutes , and p 〈…〉 , for the entire and sure 〈…〉 tion of the prerogative , lib 〈…〉 , and preheminenc●● of th 〈…〉 〈◊〉 imperial crown of this realm , and of the jurisdiction spiritual and temporal of the same ; to keep it from the annoyance ; as well of the see of rome , as from the authority of other foreign potentates , attempting the diminution and violation thereof , as often and from time to time , as any such annoyance or attempt might be known or espied . pulton's stat. h. . c. . but to conclude the point of the various lections , certainly the different and great variety of words and phrases , by which both the antient historians and records have in their several ages and times , expressed and denoted the communia concilia regni , or parliaments , as now called , and their constituent parts , being not well observed and considered by most of our late english authors ( who understood them as if they had signified what afterwards they did , and now do ) have imposed on our historical faiths , and propagated to posterity many palpable and gross errors , whereby great and unkind clashings and diversities of opinions , as well amongst learned men as others , have had their source and spring , nay , even between prince and people . the general conclusion . my only aim and endeavour in this discourse hath been from publick records , private manuscripts , and the best historians , to search out and discover truth , and to assert the just honour of our worthy and famous ancestors commoners of england ( as now phrased ) great maintainers of the interest and dignity of the king and kingdom ; and with submission to better judgment , i hope i have plainly proved , . that the freemen or commons of england were an essential and constituent part of the saxon wittena gemott , or parliament . . that they so continued in the times of w. . w. . and h. . which last being an englishman , by way of charter restored and confirmed the laws of edward the confessor , as his father william . as well by his magna charta , or great charter , as by his oaths had before done , both when he was crowned , and also at berkhamstead , in the seventh year of his reign . . and though the rolls of parliament , in the succeeding kings reigns till e. . be lost , or not found , so as we are at a loss as to the several orders of parliament , yet by what has been deduced from other records before cited , it is evident i conceive , that the citizens and burgesses were a part of the parliament , anno . of king john , and so had not their beginning by rebellion , anno h. . and therefore i may with good reason and warranty conclude , that our ancestors , the commons of england , the knights , gentlemen , freeholders , citizens and burgesses of a great and mighty nation , were very far from being in former times such vassals and slaves , or so abject , poor and inconsiderable , as the absurd and malitious ignorance and falsities of late writers have been pleased to make and represent them , especially the author of the grand freeholders i●quest , and mr. james howel , as if they were only beasts of carriage and burden , ordained to be taxed and t●lli●●ed , and have their lives , estates , and liberties given away and disposed of without their own assents , under a novel opinion and conceit , that they were no part of the commune concilium regni , or parliament , before h. . perlege quae regni clarissima conciliorum sunt monumenta , aliter nil praeter somnia cernis . appendix . after i had compleated the foregoing arguments , a material objection was by some of my friends offered me , which , if not cleared in this discourse , might , in their judgment , give a colour and pretence for a belief of an opinion , which is this : that the commons , or people of england , were from the time of the norman conquest represented by such as held of th● k 〈…〉 〈◊〉 capite , until h. . and 〈◊〉 by two 〈◊〉 for each county , and certain burgesses for several burroughs , and barons for the cinque ports . having before laid down a clear and plain distinction between barones regis and barones regni , i shall therefore now distinguish upon the phrase milites & libere ●enen●es . . milites & libere ten●ntes qui de rege tenent in capite . . milites & libere tenentes de regno . the first distinction i thus prove , rot. pal. . johannis m. . rex dilec●is & fidelibus 〈…〉 s baronibus militibus & libere tenentibus qui de eo tenent in hi 〈…〉 rnia . rot. claus. h. . m. . . dorso . re● 〈◊〉 〈◊〉 sciatis quod ar 〈…〉 〈◊〉 a●ba●es , priores , c 〈…〉 〈◊〉 , 〈◊〉 om●●s alii de regno , qui de nobi●●●nent in capite spontanea 〈◊〉 〈◊〉 , & 〈◊〉 consuetudine con 〈…〉 〈◊〉 〈◊〉 〈…〉 lium ad magna ne●●tia 〈◊〉 e●pedienda . rot. claus. h . m. . dorso . rex 〈…〉 omili norhamptoniae praecipimus t●●i 〈◊〉 alias praecipimus qu●d 〈◊〉 facias archiepi 〈…〉 pos , episcopus , comites , barones , abbates , priores , milites , & liberos homines qui de nobis ●●nent in capite , &c. eodem modo seribi 〈…〉 omnibus vi●ecomitibus comitatuum angl 〈…〉 . as to the second distinction , the ancient chronicles of the kingdom say , that both before and after the conq 〈…〉 ( as we phrase it ) the kings of england held their court three times in every year , at easter , whi●son●ide , and christmas , and then the crown was attended with most of those qui de rege 〈◊〉 in capite , this was called ●●ria regis ; if any difference of right did arise between the king and his tenants , o● between tenant and tenant , here it was heard and determined , and many things were there acted and done in relation to the kings 〈◊〉 or tenants , but under favour this was not the commune concilium , regni or parliam 〈…〉 as we now call it , for the king held this court ex more of 〈◊〉 , as simon d●netmensis — and 〈◊〉 〈…〉 igorniensis write in vita 〈◊〉 primi . but when they , and contemporary historians , take no●ice of the meeting of the commune concilium , regni or parliament , then their expressions 〈◊〉 and say , that rex as●ivit orderieus vitalis , pag. . exprecepto regis convenerunt . eadmerus rex sanctione sua adunavit , flor. wigorn. continuat , and many such like expressions , which shew it was not held ex more of custom , yet true it is , kings did often convene or summon the common council of the kingdom at one of the said feasts , being a great conveniency to the tenants in capite . but they summoned the general council also at other times , according to the emergency of affairs , examples of which are obvious in the ancient historians . now to shew that the milites tenentes qui de rege tenuerunt in capite , ( together with the other great lords that held of the king ) were not the partes constitu●ntes , and alone did compose and make up the 〈◊〉 , the whole body of the general● , or commune concilium , regni or parliament . i will begin with a statute or act of parliament made tempore richard the first , who reigned before king john , father to h. . and years before h. . the assize or statute being made per assensum & consilium archiepiscoporum , & episcoporum , & abbatum comitum , & baronum , militum & libere tenentium totius regni . king john being divorced , the new queen was crowned de communi assensu & concordi voluntate archiepiscoporum , episcoporum , comitum , baronum , cleri , & populi totius regni . the king anno . summons a parliament tractatur : nobiscum de magnis & arguis negotiis nostris & communi regni utilitate . quia super his , qua a rege franciae per nuncios nostros & suus nobis mandata sunt ; and that expedit habere consilium magnatum terr● therein . the king per commune concilium regni then made an assize of money . and at the same parliament provisum fuit communi assensu archiepiscoporum , episcoporum , comitum , baronum , & omnium fidelium nostrorum angliae , that nine knights through all england should find a tenth bene para●um cum equis & armis for the defence of the kingdom , and that those nine knights should find the tenth knight every day two shillings ad liberationem suam . certainly the words fideles angli● cannot be understood to be restrained to the tenants in capite only . the archbishops , bishops , abbots , priors , & m●gnates regni gave an auxilium ad desensionem regni & re●uperationem ●●rrar●m nostrarum against the french king , and who the 〈◊〉 then were , the patent roll 〈◊〉 〈◊〉 . . shews where i● is contained , 〈◊〉 , &c. 〈◊〉 〈◊〉 , ba●on●s , milit●s , & alii 〈◊〉 regno retire 〈◊〉 ●●dium 〈◊〉 , 〈◊〉 〈◊〉 ali●s 〈◊〉 & prog●●itoribus ●ostris 〈◊〉 anglis liber●●iter 〈◊〉 〈◊〉 de omnibus ●●nis 〈◊〉 〈◊〉 hence i ●hall observe● . that the subsidy in 〈◊〉 . . time was granted in parlia●●nt , and so this of ●ing john's . . the words pre●●ri●●ribus no●●ris r●gibus 〈◊〉 must unquestion●bly compreh●nd king j●hn , grandfather to edw●●d the 〈◊〉 , and by a reasonable constructio● m●y ●e 〈…〉 nded higher . and at the 〈…〉 me parliament , & 〈◊〉 〈◊〉 〈◊〉 universitas comi●um baranum 〈◊〉 〈◊〉 aliorum fidelium complain against the clergy about reme 〈…〉 wh●r●●pon the king granted his pr 〈…〉 or su●●rsed●● to the clergy tha● th●y s●ould do nothing therein , 〈◊〉 〈◊〉 univers 〈…〉 ( before mentioned ) super hoc colloquium habemus . anno johannis , the agreement and peace at runningme●d was made between king john of the one part , and robert fitz walter , marshal of god and holy church , several 〈…〉 rls there named , & alios comites , & barones , & liberos homines totius regni ex 〈◊〉 parte , or as the patent rolis johannis m. . dorso . generale concilium , and rot. claus. h. . m. . dorso . parliamentum de runemed , i have seen it several ways spell'd or writ , runemeid , rendmed , redmede , which may seem to be a word of sa●on extraction , for mr. somner tells us , that 〈◊〉 is c●nsulere , and so justifies mat. 〈◊〉 . pag. . in his etymology , when he sa●s , rennemed quod interpretatum pra●um concilii eo quod antiquis temporibus 〈◊〉 de pace regni saepius con●ilia tra●●abantur . anno h. . magna charta was in parliament granted and confirm●d , an ancient transcript of which , writ in the time of e. . i have , and conceive that those who then gave a subsidy of a fifteenth to the crown were the parts that compounded and made the communc concilium , regni or parliament , and who they were let the charter speak . pro●ac autem donatione , & concessione libertatum istarum & aliarum contentarum in charta nostra de libertatibus forestae , archiepiscopi , episcopi , abbates , priores , comites , barones , milites libere tenentes , & omnes de regno nostro dederunt nobis quintam decimam partem omnium bonorum suorum mobilium . testibus praenominatis & multis aliis dat. per manus venerabilis patris domini dun●●lmensis , episcopi , cancellarii nostri apud sa 〈…〉 um paulum london sexto die novembris , anno regni nostri secundo . which is confirmed by the close roll of this year thus : rex vic. ebor , &c. salutem mittimus libi chartas de libertatibus concessis omnibus de regno nostro , tam de foresta , quam aliis mandantes quatenus eas legi facias public● in pluro comitatu tuo convocatis baronibus militibus , & om nibus libere tenentibus ejusdem comitatus , qui ibidem jurent fidelitatem vestram , & in diligenter attendens singula puncta chartarum ea per omnia facias jurar● observari , &c. da● . . die februarii . anno dom. . h. . that king summoned a general or common council of the kingdom at 〈◊〉 presentibus clero & populo cum magnatibus regionis solemnitate igitur ut 〈◊〉 completa hubertus de burgo domini regis justiciarius exparte ejusdem regis pr●pojuit coram archiepiscopis , 〈◊〉 comitibus baronibus , & aliis universis , 〈◊〉 & injurias , qu● regi illata f●●rani in p●rtibus us trans 〈…〉 is . whereby the king and many ea●ls and barons were di●●nherited & cum multi sunt in causa multorum subventio erit necessaria petit ergo ab omnibus consilium pariter & auxilium quibus corona angliae dignitates amissas , ac jura posset pristina revoca●e , ad hoc quoque plene p●rficiendum regi suff●cere credidit , si ea quinia decima pars omnium rerum mobilium totius regni angliae , tam a personis ecclesiasticis , quam a laicis donaretur . to which it was answered , habita deliberatione quod regis petitionibus gratanter adquiescereni ; si illis diu petitas libertates concedere voluisset , which the king condescended unto . and chartis protinus conscriptis regis sigillo munitis & sic soluto concilio . the charters i shall pass over , only with this former observation , that i conceive those that gave the subsidy were the members of that parliament , and who they were will appear by the inspeximus of the great charter , and the charter of the forest inrolled in the statute roll , e. . viz. pro hac autem donatione , & concessione libertatum istarum & aliarum libertatum contentarum in charta nostra de libertatibus forestae , archiepiscopi , episcopi , abbates , priores , comites , barones , milites , libere tenentes , & omnes de regno dederunt nobis quintamdecimam partem omnium mobilium suorum concessimus etiam eisdem pro nobis & haeredibus nostris , quod nec nos , nechaeredes nostri aliquid perquiremus ( i. e. a papa ) per quod libertates in hac charta consentae infringantur vel infirmentur . et si ab aliquo centra hoc aliquid perquisitum suerit , nihil esglise as countes , & barons , & a tout la communante de la terre que mes nul besoigne tien manere des aides mises ne prises de nostre roiaume ne prendromus forsque per commune assent de tout le roiaume & a commune profit de mesme le roiaume . teste octobris . to deny therefore that the knights and freeholders de regno of england were a constituent part of the commune concilium , or parliament , in & h. . but were represented by the tenants in capite . a man may with equal reasons , and as strong authorities argue and affirm , that though the records plainly declare the enumeratio partium of those great councels , and the comites & barones to be one part then present , and that they gave a subsidy concurrent with the other parts , yet really , . they were not there nor joined in the tax , but were represented by the milites and libere tenentes de regno . dly , though the comites , barones , milites , & libere tenentes de regno are expresly and particularly mentioned in these grand charters , yet in truth they were not present at those great councils , but their votes and power were included , and they represented in and by omnes archiepiscopi , episcopi , abbates , & priores de regno , ( though the greater number of the two latter held not of the king in capite , ) who made laws , and gave taxes exclusis or omissis comitibus baronibus militibus , & libere tenentibus de regno . or dly , notwithstanding the naming of the prelates of the church , yet their power , vote , and authority was transferred and made over to the earls , barons , knights and freeholders of the kingdom , and their appearance there was not personal , but by representation , which no man certainly can believe . i shall close up this point with a memorable record which i happily found in the exchequer de anno e. . the prior of coventry was attached to answer to the king de servitio octo seodorum militum per ipsum priorem & predecessores suos regi , & progenitoribus suis ab anno . domini regis h. proavi ipsius regis nune substracto & concelato . the prior appears per henricum de stretford , whereupon the barons order a search of the rolls and memoranda of the exchequer , and thereupon it was found in the roll of h. . sub titulo de auxilio ad primogenitam filiam regis maritandam , that the prior stood charged with ten pounds for ten knights sees , and in the great roll . of the king titulato auxilium episcoporum a●batum , pr●orum con●essam ad sororem regis maritandam frederi●o imperatori , the prior stood charged de viginti marcis , &c. to this the prior pleads , quod ipse & predecessores sui tenuerunt omnia terras & tenementa sua per servitium duorum seodorum militum ●antum & quod dominus rex , seu progen 〈…〉 〈◊〉 de aliquibus aliis ser●itiis per 〈◊〉 〈◊〉 〈◊〉 , seu predecessores suos nun 〈…〉 〈◊〉 〈◊〉 per 〈◊〉 〈◊〉 , seu servici●● 〈◊〉 〈◊〉 〈◊〉 factum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 per memoranda hujus scaccarii , 〈◊〉 〈◊〉 inde serutinium , &c. 〈◊〉 quoad ●oc quod compertum est ●ic in rotulis &c. quod tempore dicti r●●●s henric● t●r●●● computatum fuit de 〈◊〉 〈◊〉 〈◊〉 de auxiliis eidem reg● henrico ad ●ilium suum ●ilitem faciendum & sororem suam maritandam conc 〈…〉 . hoc ●i non pr 〈…〉 in 〈◊〉 parte . di●it enim quod au●ilia illa non 〈◊〉 , 〈◊〉 〈◊〉 p●ssunt ●sse 〈◊〉 〈◊〉 〈◊〉 subsidia per 〈◊〉 , & communitatem regni spontanea , & mera voluntate regi concessa , & tam de teuentibus alio 〈…〉 , quam de tenentibus de domino rege in capite levanda quo prete●tu dictus compotus de auxiliis praedictis fuit tam pro feodis tenentium , tune prioris loci praedicti quam pro feodis ipsius prioris propriis , quod idem prior dicit posse liquere curiae per certificationem tune prioris loci praedicti tune baronibus de s●●●cario . from this record i shall make these observations : . that the crown could not de ju●● require any servi●ia from the subject , but those that were de●ita , omnes qui de rege tenent per servicium militare , ( and none else , ) regi faciant anxilium ad primogenitam siliam maritandam , saith the king , rot. pat. h. . m. . dorso , and so said the law long before . sunt e●iam quaedam communes praestationes qu● servitia non dicuntur , nec de con 〈…〉 tudine veniunt , &c. sicut sunt hidagia , corragia , & carvagia , & alia plura de necessitate & ex consensu communi totius regni introducta & quae ad dominum ●●●di non pertinent . . there is a difference appears between servitia and auxilia : the law allows therefore the priors plea , when he says , that those extraordinary aides were not servitia but auxilia , granted to the crown per magnates & communitatem regni spontanea & mera voluntate , or as bracton before cited , consens● communi totius regni . . those aides were given tam de tenentibus aliorum quam de tenentibus de domino rege in capite levanda , quo praetexta dictus compotus de auxiliis praedictis were as well for the fees of the tenants of the then prior , as for the fees of the prior himself , which the prior said would clearly appear to the court by the certificate of the prior , his prodec●ssor , in the time of h. . made to the barons of the exchequer , so that the tenants of the prior did grant an aid as well as the prior himself , and that in parliament , for as i have observed before , rot. claus. h. . m. . dor●o , there was a parliament then held . . that in the reign of h. . and preceding times , when the knights and freeholders , who held not of the king , but other lords , did in the commune concilium or parliament , gra●● 〈◊〉 au●●lium or aid to the crown , the great lord or baron of the fee , of who 〈…〉 the freeholders held , was 〈◊〉 in the exchequer to answer for 〈…〉 thereof , under the title of his 〈◊〉 , as the bishop of every 〈◊〉 , 〈◊〉 till queen elizabeth's time , was by law chargeable for the coll 〈…〉 , of 〈◊〉 granted by the clergy within his d●ocess , yet certainly as the bishop 〈◊〉 〈◊〉 any power to give for , or tax his 〈◊〉 ; no more could or did any great lord of the f●●●ither jure t 〈…〉 , or 〈◊〉 t●tionis , charge or give away the 〈◊〉 of his free t 〈…〉 , who were independent in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 solummodo 〈◊〉 ; this p 〈…〉 not well observed and understood 〈◊〉 late authors , has caused the 〈◊〉 about the t 〈…〉 〈◊〉 , representing the 〈◊〉 in parliament . . 〈…〉 held of the king in capite , yet very considerable in number , and all the citizens and burgesses should , till h. . either be totally excluded from being any part of the generale concilium regni or parliament , or else by a law , of which there is not the least footsteps in history or law , were for so many ages to be represented by the tenants in capite only in parliament , the transcendent power of which council in conjunction with the king as head thereof sir thomas smith , that great and learned man , who was secretary and privy-councellor to our famous queen , an old parliament-man , when he comes to write of the parliament , and its largeness of power , says thus , in comitiis parliamentariis posita est omnis augustae absolutae que potestatis vis , quippe quemadmodum robur & virtus angliae dieuntur in acie residere parliamentaria comitia veteres leges jubent esse irritas , novas indueunt , praesentibus juxta ac futuris modum constituunt , jura & posse●siones hominum privatorum commutant , spurios natalibus restituunt , cultum divinum sanctioribus corroborant , pondera & mensuras variant — incerti juris contrever●●as dirimunt , ubi nihil lege cautum fuit , censum agunt , capitationes & vectigalia indicunt , delictorum gratiam faciunt , afflictas & majorum sceleribus perditas familias erigunt , vitae n●●isque potestatem in cos obtinent quos ad hujusmodi disquisitiones princeps advocaverat , atque ut concludam breviter , qui●quid in centuriatis comitiis , aut in tribunitiis populus romanus efficere potuisset , 〈◊〉 omne in comitiis anglicanis tanquam in coetu principem populumque represent ante commode transigitur . interesse enim in illo conventu omnes intelligimur ●uju●cunque amplitudinis status aut dignitatis princepsve aut plebs fuerit , sive per se ipsum hoc fiat , five per procuratorem , nam omnibus peraeque , gratum esse oportet qu●●quid ex senatusconsulto parliamentario profectum est . . it is observable , that the prescription of progenitores regis , in the record of the prior of coventry tempore e. . did expresly extend to the reign of h. . his great grandfather and higher too , so that i had good authority and warrant to say before , that , when the burgesses of st. albans , in the parliament e. . affirmed , that they and their predecessors sicu● caeteri burgenses de regno , as the rest of the burgesses of the kingdom had totis retroactis temporibus , in all times past , in the time of f. . & pregenitorum suorum , and of his progenitors , sent two burgesses to every parliament , they had , as well as other boroughs of england sent burgesses to the generale corailium , or parliament before mentioned , in the th year of king john , grandfather to e. . at least , and so by clear evidence before h. . from the aforesaid authorities and reasons , we may with good consequence conclude . . that the people or commons of england , from the time of the norman conquest , till h. . were not represented in the commune concilium , regni or parliam●nt , by such only as held of the king in cap●●e . . and that the commons or people 〈◊〉 〈◊〉 ●●●in to be represented by knights , citizens , burgesses , and barons of the cinque ports in the said h. . and now i shall subjoin some material records relating to my former discour●● . inter communia de term. trin. anno e. . adhuc recorda . pjn nomine poliarc●t jesu christi salvato●is mundi totiusque creature creatoris cujus divino dominatui quique donatores debito servitio subnixe deserviunt , cujus etiam omnipotentatui universi potentatus obsecundari examussim preproperant , quia bonitas ejus bon 〈…〉 atis est incomprehensibilis , & miseratio inter minabilis , dapsilitas bomtatis ineffabilis longanimitas quoque super pravorum nequitias quantitatis prosixitate cujus●ibet longior qui co●idia●●s admonitionibus religiosam conversationem duccntes monet ut pie se●tando justitiae culturam non eam deseren dolinquant ; quin potius perseverabilt instantia in ejus cultura ut permaneant pat●rno affectu hortatux ; qui nihilom●nus eadem affectione mandat peccato●ibus ut resipiscant a suis iniquitatibus convertentes , quia eorum execratut mortem ejus amoris stimulo & fide suffultus cujus largif●ua miseratione ego cnut rex totius albionis insule aliarum nationum plurimarum in cathedra regali promotus cum consilio & decreto archiepiscoporum , episcoporum , abbatum , comitum aliorumque omnium fidelium eligi sanciend . atque perpeti stabilimento ab omnibus confirmandum ut monasterium quod biadricesworth nuncupatur , sit per omne evum monachorum gregibus deputatum ad inhabitandum , & ab omni dominatione omnium episcoporum comitatus illius funditus liberum , ut in eo domino servientes monachi , sine ulla inquietudine pro statu regni domini prevaleant precari . placuit etiam mihi hanc optionis electionem roborare privilegio isto in quo indere prccepi libertatis donum , quod jam olim edmundus rex occidentalium saxonn̄ largitus est suo equivoco pro nanciscenda ejus gratia , & mercede aeterna scilicet edmundo regi & martiri quod bone voluntatis voto augere cupimus , quatcnus ejus promereri partibus mercar portionem ●●us beatitudinis post hujus cursum vite . tali libertate concedo fundo frui illi in quo idem status pansat ut quociens populus universus persolvit censum danis vel ad naves seu ad arma persolvant inhabitantes in ipso fundo eadem ad usus , quos elegerint fratres illius loci sitque nobis remedio hoc michi quippe eque reginae meae elfgife ac filiis nostris omnibusque qui pridem ei hoc contulerunt . huic libertati concedo additamentum scilicet maritimos pisces , qui michi contingere debent annualiter per teolonei lucrum & piscationem quam ulfkytel habuit in wylla , & omnia jura quarumcumque causarum in villis quae monasterio adjacent & quae adjiciendae sunt per gratiam dei dedi quoque reginae meae assensum concedens ei pro sua elemosina dare quatuor milia anguillarum cum muncribus quae pertinent ad illas pro annuali censu in villa que cognominatur lakynghythe , si quislibet quod absit istam libertatem quoquolibet conatu nititur servitutis jugo subigere vel prava intentione transmatare ut rursus clericos in eo collocet loco sit addict●s captivitati aeterne careat sempiterna libertate , & mancipatus setvitio diaboli ejusque consortio sit in extricabilibus habenis constrictus nisi satisfactio ejus erratui subveniat quod prorsus optamus . ✚ ego cnut rex gentis anglorum aliarumque nihilominus hoc privilegium jussi componere & compositum cum signo dominicae ctucis consirmando impressi . ✚ ego alfgifa regina omni alacritate mentis hoc confirmavi . ✚ ego wulsta●●s ●rchicpiscopus conscnsi . ✚ ego athelnothus archicpiscopus confirmavi . ✚ ego godwinus episcopus corroboravi . ✚ ego alfwinus episcopus assensum dedi . ✚ ego alffinus episcopus consignavi . ✚ ego athericus episcopus conclusi . ✚ ego alfwynus episcopus roboravi . ✚ ego brithwaldus episcopus . ✚ ego iric dur. ✚ ego godwinus dux . ✚ ego ulf dux . ✚ ego eglaf dux . ✚ ego hacun dux . ✚ ego leofwynus dux . ✚ ego godricus dux . ✚ ego oslacus miles . ✚ ego theoreth miles . ✚ ego thurkil miles . ✚ ego thrym miles . ✚ ego brothor miles . ✚ ego alfricus miles . ✚ ego alfwynus miles . ✚ ego leofricus abbas . ✚ ego alfwardus abbas . ✚ ego athelstanus abbas . ✚ ego alfsias abbas . ✚ ego leofwinus abbas . ✚ ego wulfredus abbas . ✚ ego oskytelus abbas . ✚ ego alfwius . ✚ ego alfricus . ✚ ego alfricus . ✚ ego leoffius . ✚ ego leofricus . domino sanctae universalis ecclesiae summo pastori paschali ; conventus ecclesiae christi cantuariensis fideles orationes , & totius sanctae devotionis obsequium . notum esse non dubitamius gloriosae paternitati vestrae ( pie domine ) quod ecclesia cantuariensis mater nostra , sanctae scilicet romanae ecclesiae specialis filia jam ab obitu beatae memoriae patris nostri auselmi archiepiscopi per quinquennium cura pastoralis officii peccatis nostris exigentibus sit destituta nuper autem respectu misericordiae dei , adunato conventu totius anglici regni in praesentia gloriosi regis nostri henrici electus a nobis & clero & populo est ad regimen ipsius ecclesiae radulphus roffensis episcopus nobis sufficientissime cognitus , & propter uitae suae meritum & sanctae conversationis effectum toti regno valde acceptus . huic electioni affuerant episcopi abbates & principes regui , & ingens populi multitudo censentiente domino nostro rege & eandem electionem laudante , suaque auctoritate corroborante quoniam igitur ita res se habet mittimus ad vos , modis quibus possumus supplicantes ut quem ad sublevationem & consolationem ecclesiae suae deus ( quantum nobis datur intelligi ) elegit vestra sancta auctoritate in quo electus est confirmetis , & ei pallium quod omnes antecessores sui a sacratissima sede beati petri consecuti sunt transmittere dignemini ne sanctitate vestra aures pietatis suae precibus nostris ( quod deus avertat ) non inclinante in pristinas miserias aliquo eventu ecclesia nostra ( filia vestra ) reiabatur . ipsemet enim tanta corporis imbecilli tate gravatur , ut non sine magno periculo sui , & detrimento omnium no strum valeat hoc tempore vestigiis vestris se presentare . sanctum apostolatum vestrum omnipotens deus dignetur ad honorem suae sanctae ec clesiae per multa tempora incolu mem conservare dignissime pater . amen . henrico regi anglorum charo domino suo ac sum̄o honore uenerando , frater radulphus sanctae cantuariensis ecclesiae indignus sacerdos & totus conventus ejusdem ecclesiae salutem , & orationes & fidelia obsequia notum facimus sublimitati vestrae alexandrum regem scotorum cum consensu cleri & populi regni sui legatos suos ad nos misisse & consilium curae pastoralis ad opus ecclesiae sancti andreae a nostra ecclesia ex pe 〈…〉 sse considerantes ergo ●orum ju●●am petitionem & tam divini amoris reverentiam , quam sanctae matris ecclesiae utilitatem attendentes laudandis desideriis pium praebuimus assensum concessimus ergo ju●ta petitionem corum personam ecclesiae nosirae ab eis denominatam dominum edmerum quam a pueritia disciplinis ecclesiasticis sublimiter justitusum & sanctis moribus decenter ornatum ad officium sacerdotale omnino s●●mus 〈…〉 neum . uestram igitur ve 〈…〉 sublimitatem submisso corde ●●poscimus ut vestrae c●●situdinis pia voluntate atque 〈…〉 ritate & illorum deo 〈◊〉 〈◊〉 & super tam neces 〈…〉 io ecclesiae dei negotio nostrae hum 〈…〉 atis con 〈…〉 o ro●oretur . omni 〈…〉 s deus sublimitatem vestram ad ho●orem suum & munimen ecclesiae su● p●r longa tempora incolumen cu 〈…〉 & 〈◊〉 〈◊〉 regnum digni●are 〈…〉 nnis 〈◊〉 〈◊〉 digne●●● . rescriptum regis ad haec . henricus ret anglorum radulfo archiepiscopo cantuariae salutem volo & concedo ut monachum illum unde ret scotiae te requisivit , liberum ei concedas ad consuetudinem terrae suae in episcopatu sancti andreae teste everardo de calna apud rothomagum . patri uenerabili paschali summo pontifici henricus dei ●ratia ret anglorum salurem promotioni vestrae in sedem sanctae romanae ecclesiae plurimum congaudeo , pete●squod amicitia quae patri meo cum antecessoribus vestris fuit , inter nos quoque illibata permaneat , unde ut disectio & benignitas a me videatur sum●●e mitium . beneficium quod antecessoribus meis beatus petrus habuit vobis mitto , eosque honores , & eam obedientiam quam tempore patris mei antecessores vestri in regno angliae habuerunt in tempore meo ut haveatis volo ; eo videlicet ●enore , ut dignitates usus & consuetudines quas pater meus tempore antecessorum vestrorum in regno angliae habuit , ego tempore vestro in eodem regno meo integre obtineam notumque habeat sanctitas vestra quod me vivente deo auxiliante dignitates & usus regni angliae non minuentur & si ego quod absit in tanta me dejectione ponerem , optimates mei immo totius angliae populus id nullo modo pateretur habita igitur ●arissime pater utiliori deliberatione ita se erga nos moderetur benignitas vestra ne quod invitus faciam a vestra me cogatis recedere obedientia . rex baronibus , militibus , & omnibus fidelibus totius angliae salutem sciatis , quod die martis prox . ante — suscepimus literas domini papae in partibus pictaviae de — relaratione jnterdicti angliae , quas destinavimus venerabili p. winton episcopo justic̄ nostro & vos rogamus attentius tanquam dilectos , & fideles nostros quorum dilectioni & fidelitati plene confidimus quatenus secundum quod idem episcopus vobis diceret consilium & auxilium vestrum ad honorem nostrum & vestrum , & statum regni nostri melius commu nicandum efficaciter super hoc apponatis ut vobis modo ad uberiores teneamur gratiarum actiones . et ut dileoe . quam hactenus erga nos habuistis in hoc merito — nostrum si fieri literas nostras super hoc transmissemus , set ut negotium illud , quod & nobis & vobis ad commodum cedet & honorem & majori expediretur festinatione has literas , &c. t. meipso apud rupellam sexto die martii . eodem modo scribitur . majori & baronibus london . majori & probis hominibus winton . probis hominibus northampton . linc. ebor. oxon. glouc. heref. exon. wigorn. cantebr . hunt. bristoll . norwich . eodem modo scribitur . omnibus burgis & dominicis domini regis dat. eodem . rex dilecto & fideli suo willielmo com. maresc . salutem sciatis , quod salvi dei gratia & incolumes apud rupellam applicuimus die sabbati prox . post capt . jennim̄ & magnae partis gentis nostrae . et statim ex quo adveuimus tamen reddita nobis fuerunt cum relicta xxvj . castra & fortalicia & praeter paucos dies processimus ad castrum de millesen . obsidendum , & tunc castrum illud cepissemus venit ad voluntatem & misericordiam nostram johannes de portio clericus & continuo post illum venit similiter ad voluntatem & misericordiam nostram savericus de malo leone quem consilio domini burdegensis archiepiscopi & aliorum filedium nostrorum in pacem nostram admissi 〈…〉 s ; die autem martis pro● . ante mediam ●uad●agesimam dum adhu● moram fecissemus circa casirum illud funditus prosternendum , ●e●it ad nos acelina romana frater gulielmi de san●to andoeno afferens nobis literas demini papae de forma interdicti relaxndi in anglia quas ●enera●●●i patri nostra domino p. winton episcopo destina●●mus , unde vobis 〈…〉 us 〈…〉 tes 〈…〉 us ad negotium illud exequend ad honorem dei , & nostrum & vestrum consilium , & auxilium efficax impendatis & faciatis super negotio ista id quod dominus winton̄ episcopus justiciarius noster vobis dicet ad fidem & commodum nostrum , ut honorem inde habeamus & regni nostri status in melius commutetur unde merito ad perpetuas vobis teneamur gratiarum actiones . t. meipso apud rupellam octavo die martii . eodem modo scribitur omnibus comitibus , baronibus , & magnatibus angliae dat. eodem . reverendo domino suo & patri sanctissimo j. dei gratia summo pontifici johannes eadem gratia rex angliae , &c. salutem & debitam tanto domino ac patri reverentiam . cum comites & barones angliae nobis devoti essent antequam nos & nostram terram dominio vestro subjicere curasfemus extune in nos specialiter ob hoc sicut publice dicunt violenter insurgunt . nos vero post deum vos specialem dominum & patronum habentes defensionem nostram & totius regni quod vestrum est esse credimus vestrae paternitati commissam . et nos quantum in nobis est curam & sollicitudinem istam vestrae reservamus dominationi devotius supplicantes quatenus in negotiis nostris quae vestra sunt consilium & auxilium efficax apponatis ; prout melius videritis expedire latores praesentium venerabiles patres w. burdega● & h. dublin archiepiscopos magistrum r. canc̄ nostrum abbatem belli loci magrūm p. ebor̄ ecclesiae praecentorem & h. archidiac̄ & magrūm de arenio canon̄ ebor̄ , & nobiles viros j. marescallum & g. lutterell fideles nostros quos propter hoc ad pedes vestros transmittimus benignius exaudientes . nos enim super omnibus quae ad nos & regnum nostrum pertinent vices nostras & authoritatem sanctitati vestrae committimus ratum habituri & firmum quicquid inde cum consilio nunciorum nostrorum dureritis ordinandum . t. mcipso apud doveram . die septembris . jtem domino papae , &c. jn conspectu paternitatis vestrae humiliamus ad gracias multiplices prout melius scimus & possumus exhibendas pro cura & sollicitudine quam ad defensionem nostram & regni nostri angliae paterna vestra benevolentia indesinenter apponit licet duritia praelatorum angliae atque inobedientia malitiose impediant piae vestrae provisionis effectum . nos tamen pro effectu sincero quem ad nos geritis clementiae vestrae devotius inclinamus qui etsi ad praesens a superbis & a malevolis ad insipientiam sibi censeatur inefficax nobis erit domino concedente ad tuicoem & pacem & inimicis nostris confnsionem & terrorem inducit . et licet dominus pandulphus fidelis subdiaconus vester norwicensis electus nobis pernecessarius esset in anglia ut pote qui honorem ecclesiae romanae ac vestrum & totius regni nostri fideliter & devote procurat quia tamen nullo modo de statu nostro & regni paternitas vestra certificari poterit melius quam ipsum ad pedes vestros eundem destinamus invitum devocius supplicantes quatenus ꝑ ipsum specialiter & alios fideles nostros illatae vobis in persona nostra injuriae veritate comperta ad regimen regni nostri & nostrae observandum dignitatis paternae manum solicitudinis apponatis , prout excellens vestra discretio viderit expedire quod per dei gratiam laudabiliter facitis & secistis pro certo habentes quod post deum personam vestram & auctoritatem apostolicae sedis habemus unicum & singulare praesidium & sub vestri considencia patrocinii respiramus . teste &c. noverint universi quod dominus h. rex angliae illustris r. comes norff. & marescallus angliae h. comes hereford & essex j. comes de warewico petrus de sabaudia caeterique magnates angliae concesserunt in sententiam excommunicationis generaliter latam apud westm̄ tertio decimo die maii anno regni regis praedict . . in hac forma scilicet quod vineuso praefatae sententiae ligentur omnes venientes contra libertates contentas in cartis comunium libertatum angliae & de forresta et omnes qui libertates ecclesiae angliae tempotibus domini regis & praedecessorum suorum regum angliae optentas & usitatas scienter & maliciose violaverint , aut infringere praesumpserint , & omnes illi qui pacem domini regis & regni perturbaverint , & simiilter omnes qui jura & libertates regis & regni diminuere infringere seu mutare praesumpserint . et quod omnes venientes contra premissa vel eorum aliqua ignorantur & legitime moniti infra quindenam post mentionem praemissam dictam transgression̄ non emendaverint extunt praedictae sententiae excōicac̄onis subjacebunt jta tamen quod dominus rex transgressionem illam per considerationem curiae suae faciat emendari sciendum autem quod si in scriptis super eadem sententia a quibuscunque confectis , seu conficiendis aliud vel aliter appositum vel adjectum fuerit aut articuli aliqui alii in eis contenti inveniantur dominus rex & praedicti magnates omnes & communitas populi protestautur publice in praesentia uenerabilium patrum b. dei gratia cantuariensis archiepiscopi totius angliae primatis necnon & episcoporum omnium in eodem colloquio existent quod in ea nunquam consenserunt , nec consentiunt set de plano eis contradicunt praeterea praefatus dominus rex in prolacione praefatae sententiae omnes libertates & consuetudines regni nostri antiquas & usitatas & dignitates & jura coronae suae ore proprio specialiter sibi & regno suo salvavit & excepit in cujus rei memoriam & in posterum veritatis testimonium tam dominus rex quam praedicti comites ad instantiam aliorum magnatum & populi praesentium scripto sigilla sua apposuerunt . rex reginae & r. comiti cornub. salutem cum nos , & omnes magnates & praelati angliae juraverimus & promiserimus nuper apud westm̄ ' , quod magnam chartam nostram angliae in omnibus articulis suis teneri firmiter faceremus nos adhuc in eodem proposito persiūentes volumus & mandamus quod cartam illam super sacramentum singulorum uicecomitum in singulis comitatibus publice clamari faciatis & teneri , dum tamen praefati magnates & praelati eam fac̄ simili modo de cetero a suis subditis teste , &c. rex uenerabilibus in christo patribus omnibus archiepiscopis , episcopis , & dilectis sibi in christo abbatibus , & prioribus , & dilectis & fidelibus suis universis com̄ baron̄ militibus & aliis fidelibus suis hiberniae salutem mittimus dilictum & fidelem nostrum filium j. galfr̄ justc̄ nostrum hiberniae ad partes hiberniae ad exponendum vobis statum nostrum & terrae nostrae vascon̄ & pericula nobis imminentia & ad tractandum vobiscum super auxilium nobis faciend contra regem castell qui dictam terram nostram uascon̄ in manu forti in quindenam pasche primo futur̄ hostiliter est ingressurus vobis mandantes quod eidem justic̄ nostro in hiis quae nobis ex parte nostra super praedicto auxilio perquirendo intimabit fidem adhibeatis jn cujus &c. t. a. regina nostra & r. com̄ cornub apud westm. ij . die febr. per regn̄ . rex archiepiscopis , episcopis , abbatibus , prioribus , com̄ baron̄ , militibus liberis hominibus civibus burgensibus , & omnibus aliis fidelibus suis terrae suae hiberniae salutem mittimus fratrem nicholaum de sancto neoto fratrem ●ospic̄ sancti johannis jerusalem in anglia ad partes heberniae ad e●ponend vobis una cum j. galf. justic̄ nostro hiberniae statum nostrum & terrae nostrae uascon̄ & pericula nobis imminentia de hostili adventu reg. castell qui nullo jure set potentia sua confisus terram nostram uascon̄ per ipsius fortitudinem a manibus nostris auferre & a domino regni angliae segregare proponit universitatem vestram quantum possumus affectione rogantes quatenus nos & jura nostra taliter indefensa non deserentes nobis in tanto periculo constitutis quantumcunque in mundo poteritis de gente & pecunia ad predictae terrae nostrae defensionem quam praedictus rex in manuforti in estate prox . futur̄ hostiliter est ingressurus subveniatis quod in vestrum honorem uertetur sempiternum cum ex contrario hujus negotii eventu non tantum nobis set singulis regni nostri & terrae nostrae hiberniae — & rerum dampnum imineat periculosum hiis nostris augustiis taliter compatientes quod nos & haeredes nostri vobis & haeredibus vestris sumus non immerito obligati jn cujus &c. teste a regina & r. com. cornub. apud windsor xvij die februarii per reginam . rex omnibus &c. cum pro negotiis nostris arduis regnum nostrum contingentibus proceres & fideles regni nostri ad nos london in quindena pasche prox . praeterit̄ facere 〈…〉 us convocari & cum de negotiis supradictis maxime de prosecutione negotii siciliae diligenter cum eisde 〈…〉 tractaremus ac ipsi nobis responderint quod si statum regni nostri per concilium fidelium nostrorum rectificand duxerimus et dominus papa conditiones circa statum siciliae appositos melioraverit per quod negotium illud prosequi possemus cum effectu ipsi diligentiam fideliter apponent erga communitatem regni nostri quod nobis commune auxilium ad hoc praestetur nos eis concessimus quod infra festum natalis domini proximum futurum per consilium proborum & fidelium hominum nostrorum regni angliae unacum consilio legati domini papae si in angliam medio tempore venerit statum regni nostri ordinabimus & ordinationem illam firmiter observabimus & ad hoc fideliter observand supponimus nos cohercioni domini papae ut nos ad hoc per censuram ecclesiasticani prout expedire viderit valeat arctare protestamur etiam quod edwardus filius noster primogenitus praeūito sacramento corporali per literas suas concessit quod omnia superius expressa quantum in ipso est fideliter & inviolabiliter observabit & imꝑp̄um observari procurabit jn cujus &c. hiis testibus edwardo filio nostro primogenito galfr̄ de lazing , willielmo de valenc̄ frībus nostris p. de sabaudia , johanne de pless . com. warr̄ johanne maunsell thesaur̄ ebor̄ henrico de wingham decano sancti martini london , petro de rivall guidone de rocheford , roberto fitzwalter p̄ntibus & multis aliis com̄ baronibus regni nostri dat. apud westm. . die maii. nostre seignior le roy per le conseil & l'assentement de le roy de alemain & de countes & de barons & de● comun de la terre pardone & relesse a ceans de la meenee le counte & a touz ceux de sa compaignie ou que il scient ou cient este &c. en tesmoin ' de ceste chose nostre seignior le roy de angleterre & le roy de alem ' cest escrit unt mis leur seans doune a estratford le quiuszime jour de juyn le aun cynquant premer . henry per la grace dieu &c. per le conseil & le assentement nostre cher frere le roy de alem̄ e cuntes e de barun̄s e le comun de nostre terre avoms pardone quite & relesse a tuz ceus de londres totes maneres de ire & de rancor & de male volente &c. e avoms graunte & otree a touz ceus avantnomes que mal ne damage ne lour ferroms ne sufferoms estre fet , e ke il ne sient encheisonez ne enquerelez pur les choses avantditz en tesmoign de cestes nos & le roy de alem ' a cest escrit avoms mis nos seans donne a estratford le cessime jour de juyn lan de nostre regne cynquante premier . inter communia brevia de termino sanctae trin. anno regni regis e. . xxxiiij . recorda . memorand quod cum nuper dominus rex ordinasset quod edwardus filius suus primogenitus in festo pentecostes anno regni sui tricesimo quarto cingulo milicie decoraretur et mandatum esset archiepiscopis , episcopis , abb'ibus , prioribus , comitibus baronibus , & aliis magnatibus regni quod essent coram ipso domino rege & concilio suo apud westmon̄ in crastino sanctae trinitat , proximo sequent ad tractand & ordinand de auxilio regis faciendo ad miliciam praedictam & ad consenciend hiis quae ulterius ordinarentur in hac parte vel quod procuratores aut attornatos suos sufficienter instructos ad premissa loco eorum facienda mitterent tunc ibidem . ac etiam praeceptum fuisset singulis uicecomitibus angliae quod eorum quilibet venire faceret de cam̄ suo ad praefatos diem & locum duos milites & de qualibet civitate ballivae suae duos cives , & de quolibet burgo ejusdem ballivae suae duos burgenses , &c. ad tractand ordinand & consentind sicut praedictum est . uenerunt personaliter coram rege & consilio suo apud westm̄ ad diem illum antonius bek patriarcha jerosalomitanus episcopus dunolm w. de langeton coventr̄ & lich. radus de baldok london episcopi , h. de lacy comes linc̄ j. de warrenna comes surr̄ r. de monte hermer . comes gloucestr̄ & hertf. h. de boun comes hereford g. de bello campo comes warr̄ robertus filius walteri hugo le despenser johannes de hastinges hugo de veer willielms martyn , henr̄ le tyeys , johannes lovell , rogerus de mortuomari , johannes de mohun , alanus la zouche , will 's de leyburn , & robertus de burghersh , custos quinque portuum cum quibusdam baronibus portuum eorundem . ac etiam per procuratores & attornatos robertus cantuar̄ & will 's eborum archiepiscopi thom̄ exon̄ richardus hereford , johannes wynton , johannes cicestr̄ , thom̄ roffen̄ , robertas elyen , johannes norwycen , johannes lincoln̄ , simon sarum , will 's wygorn̄ , walterus bathon , & wellen , & johannes karliol episcopi abbates westmon̄ , sancti edmundi , sancti augustini cantuar̄ , sancti albani , glastonie , burḡ sancti petri rammeseye , thorneye , seleby & malmesbury , sancti petri gloucestr̄ , rogerus comes norff. & mars● . angliae thom̄ comes lancastr̄ , edmundus comes arundell , & quam plures alii praelati magnates , & proceres regui ●ecnon de quolibet comitatu regni ejusdem duo milites & de qualibet civitate duo cives & de quolibet burgo duo burgenses electi per communitates comitatuum civitatuum & burgorum eorundem ad praemissa loco communitatū eorundem tractand ordinand & conscenciend similiter venerunt . quibus praedictis omnibus congregatis coram consilio regis praedicto ipsisque ostenso per idem consilium er parte regis quod de jure coronae regiae auxilium domino regni fieri debuit in casu praedicto ac etiam quod expense multiplices & alia quam plura onera eidem domino regi incumbent ad rebellionem & maliciam roberti de brus proditoris ipsius domini regis & sibi in partibus scotiae adherentium qui adversus ipsum regem jam in illis partibus guerram movere praesumpserunt reprimendas . jidem prelati comites , barones , & alii magnates , necnon milites comitatuum tractatum super hoc cum deliberatione habentes considerantésque aurilium deberi ut praedictum est & quam plura onera regi incumbere propter guerram praedictam tandem unanimiter domino regi concesserunt pro se & tota communitate regni tricesimam partem omnium bonorum suorum temporalium mobilium quae ipsos habere continget in festo sancti michaelis pror , futu● habendam pro auxilio eidem domino regi competente ad miliciam filit sui praedicti ac etiam in auxilium misarum quas ipse est facturus circa guerram praedictam jta tamen quod ista concessio ipsius vel eorum successoribus aut haeredibus futuris temporibus nullatenus cedat in praejudicium , nec in casu hm̄oi trahatur in exemplum et quod in tarando bona praedicta excipiantur omnia que in taxatione qnintedecime a communitate regni domino r. anno regni sui xviiij concesse propter exilium judeorum fuerunt excepta . cives quidem & burgenses civitatum ac burgorum prdictorum ac caeteri de dominicis reg. congregati & super premissis tractatum habentes considerantesque onera domino r. incum●cntia ut praemittitur cidem domino regi unanimiter concesterunt ob causas supradictas vicesimam partem bono . rum suorum mobilium habend ut praedictum est . memorandum quod ad crastinum sanctae trinitatis prox . praeteritum praelati & caeteri magnates regni pro se & tota communitate ejusdem regni concesserunt domino regi tricesimam bonorum suorum omnium temporalium extra civitates burgos & dominica domini regis , & cives , & burgenses , & tenentes dominicorum praedi 〈…〉 orum vicesimam bonorum suorum tam ad militiam edwardi filii regis praedicti quam ad subsidium defensionis terrae scotiae contra robertum de brus & ipsius complites inimicos regis , &c. et forma conce●●ionis supradictae plenius annotatur in memorandis anni praecedentis termino trin̄ et subseripti venientes modo hic concesserunt satisfacere regi pro tricesima & uicesima praedictis ipsos contingentibus ut patet subsequenter . communia de termino sancti hillarii anno xvii e. . recorda . prior de coventr̄ attachiatus fuit ad rendend domino regi de servicio ●cto feodorum militum per ipsum priorem & praedecessores suos regi & progenitoribus suis ab anno . domini regis h. proavi ipsius regis nunc substracto & concelato et ipse prior per henricum de stretford attorn̄ suum venit . et super hoc quia barones plene volunt informari pro rege per rotulos & memoranda sacc̄ii de quibusdam negotium praedictum tangentibus antequam &c. datus est dies eidem priori hic ex assensu willielmi de thorpe servientis regis a die pasche in quindecim dies eo statu , &c. ad quem diem prior venit et quia nondum plene scrutinium , &c. datus est dies eidem priori ex praefixione cur̄ in octabas sanctae trinitatis eo statu , &c. et interim facto scrutinio rotulorum &c. compertum est in rotulo . regis henrici tertii sub titulo de auxilio ad primogenitam filiam regis maritandam videlicet de quolibet scuto xx s. contineri sic prior de coventr̄ reddit compotum de decem libris de decem feodis de quibus quidem decem libris willielmus trussell uicecomes dicti comitatus in compota suo de anno . ipsius regis henrici oneratus fuit inter alia debita quae debebat in fine ejusdem compoti sicut continetur in magno rotulo de eodem anno . & in rotulo . ejusdem regis henrici compertum est etiam in quodam rotulo compotorum titulato auxilium episcoporum abbatum priorum concessum ad sororem regis henrici maritandam fredirico imperatori videlicet de quolibet scuto duas marcas contineri in hunc modum prior de coventr̄ reddit compotum de viginti marcis de eodem . in thesaurario octo marcas et debet duodecim marcas de quibus respondet in warr̄ in rotulo . et in eodem rotulo . requirebantur de ipso priore quindecim marcae de auxilio ad transfretationem regis in vasconiam & duodecim marcae de auxilio ad sororem regis maritand . de quibus quidem duobus debitis idem prior postmodum regi satisfecit sicut continetur in rotulis annalibus de annis . . & . dicti regis henrici tertii . item compettum est in rotulo de servicio regis edwardi filii regis henrici summoni● apud rothelan die dominica in crastino sancti petri ad vincula anno regni sui decimo contra lewelinum filfum griffini & david fratrem ejus & alios walenses quod prior de coventr̄ recogn̄ servicium duorum feodorum militum pro quo finem fecit et in rotulo de finibus factis pro serviciis scotiae anno ejusdem regis edwardi tricesimo primo annotatur quod prior & conventus de coventr̄ recognoverunt servicium duorum feodorum militum & finem fccerunt per quadraginta libras et in rotulo de finibus pro serviciis scociae anno . ejusdem regis edwardi filii regis continetur quod prior de coventr̄ per fratrem johannem holeweye commonachum & attornatum suum recognovit servicium duorum feodorum militum & finem fecit pro eodem per quadraginta marcas . et inter fines factos in scaccario coram tenente locum . thesaurarii & baronibus pro serviciis regi debitis in exercitu scociae anno regis edwardi filii regis edwardi septimo videlicet pro servicio unius feodi viginti marcas continetur quod willielmus herle & robertus de leicestr̄ finem fecerunt cum rege pro priore de coventr̄ pro servicio duorum feodorum militum per quadraginta marcas . et praedictus prior ad praedictas octabas trinitatis venit ut prius per attornatum suum praedictum et willelmus de thorp , & johannes de stoford servientes regis veniunt pro rege . et super hoc expositis praesato priori hiis quae per scrutinium rotusorum inveniuntur ut supra & per ipsum priorem auditis & intellectis isdem servientes regis petunt quod idem prior super hoc respondeat , &c. et praedictus prior dicit quod ipse & praedecessores sui tenuerunt ●mnia terras & tenementa sua tam videlicet ea quae habet in dominico quam in servicio per servicium duorum feodorum militum tantum . et quod dominus rex seu progenitores sin de aliquibus aliis serviciis per ipsum priorem seu praedecessores suos nunquam seisiti fuerunt per finem feu servicium per corpora hominum factum quod liquere poterit per memoranda hujus scaccarii si fiat inde scrutinium , &c. et quoad hoc quod compertum est hic in rotulis , &c. quod tempore dicti regis henrici tertii computatum fuit de certis pecuniae summis de auxiliis eidem regi henrico ad filium suum militem faciendum & sororem suam maritandam concessis . hoc ei non praejudicat in hac parte . dicit enim quod auxilia illa non fuerunt nec censeri possunt esse servicia immo quaedam subsidia per magnates & communitatem regni spontanea & mera voluntate regi concessa & tam de tenentibus aliorum quam de tenentibus de domino rege in capite levanda quo praetextu dictus compotus de auxiliis praedictis fuit tam pro feodis tenentium tunc prioris loci praedicti quam pro feodis ipsius prioris propriis , quod idem prior dicit posse liquere curiae per certificationem tunc prioris loci praedicti tunc baronibus de scaccario de mandato regis henrici factam de feodis quae ipse tunc prior tenuit de veteri feoffamento & de novo super quo certificatum fuit quod feoda quae dictus tunc prior tenuit in dominico & feoda quae tenentes sui de ipso tenuerunt fuerunt in toto decem feoda , &c. et petit judicium desicut ipse tenet omnia terras & tenementa sua per servicium duorum feodor̄ militum tantum , nec sit compertum hic penes scaccarium quod dominus rex seu progenitores sui de aliquibus aliis seu plutibus serviciis per manus dicti prioris seu predecessorum suorum unquam seisiti fuerunt si ipse de aliquo feodo seu hujusmodi servicio concelato impetiri seu calumpnari debet in hac parte . et super hoc quia dicti servientes regis volunt super responso suo deliberare , &c. datus est dies eidem priori hic in octabas santi hillarii ea statu , &c. ad quem diem praedictus prior venit & ob eandem causam qua prius datus est ei dies ulterior hic a die pasche in quindecim dies eodem statu quo prius . ad quem diem idem prior venit & ob dictam causam adjornatur ulterius usque quindenam sanctae trinitatis eo statu , &c. ad quem diem ven̄ & datus est ei dies ulterius usque octabas sancti michaelis anno viz. decimo nono regis hujus ea finis . notes, typically marginal, from the original text notes for div a -e spelm. concil . tom. . p. . erac beltaunia viginti & octo civitatibus quondam nobili●●imis insignita praeter casteila innumera quae 〈◊〉 ipsa muris , turribus , portis ac seris eraut instructa ●●rm●●simis . 〈◊〉 er●l . h●●t . 〈◊〉 . 〈◊〉 c●● 〈◊〉 . xiphilin . è dione cassio p. . impress . basiliae . sp●●m . con 〈…〉 . to●● . . p. . idem tom. . pag. . ●ed . eccles. histor. lib. . antiquit. britanniae , p. . parliamentum synodus magna nuncupatur . somn●●i 〈◊〉 . malme●b . lib. p. . l. . 〈…〉 m. gloss. 〈◊〉 . gemotum , ●ol . . camd. britan. in o. impress . . fol. . lambard de priseis anglor . legibus cap. . sol . . bracton 〈◊〉 . . coke . rep. sol . . plouden . commen . sol . , . 〈◊〉 con●ilia pag. . . chron. ●o●annis br 〈…〉 pton , col. . i 〈…〉 er commu 〈…〉 de term. s 〈…〉 ae 〈◊〉 〈◊〉 . 〈◊〉 . . p 〈…〉 r 〈…〉 domini thesaur . in s●●●ca●io rema 〈…〉 . cha●●a regis 〈◊〉 . will. malm●b . de gestis reg. anglor . l. . pag. ● . b. 〈◊〉 . . ●g . . l. . lib. . mat. 〈◊〉 . pag. 〈◊〉 . 〈…〉 a 〈…〉 lamberdum . s 〈…〉 review of his history of tythes . sir ●oh● da 〈…〉 reports , in his c 〈…〉 of 〈◊〉 〈◊〉 ● . camd. britan. spelmans glossary verbo drenches , pag. . sha●d . in ca● . in ●tin . temp. e. . fol. . b. johannes shardelowe unus justi● . de banco . rot. pat. e. . par● . m. . in ore gladii ( saith he ) regnum adeptus sum , anglorum devicto haraldo rege cum suis complicibus qui mihi regnum cum providentia dei destinatum & beneficio concessionis domini & cognati mei gloriosi regis edwardi concesa●● conati sunt a●s●rre , &c. chart. 〈◊〉 . in inspex . part. . ● e. . membr . ms. penes meipsum . 〈…〉 . 〈…〉 . 〈…〉 . main●●●sh . de gest. pontif. pag. . b. 〈◊〉 . concil . tom. . pag. ● , . 〈◊〉 pi 〈…〉 is 〈◊〉 saith , pag. ●● . nulli gallo datum quod anglo cuiquam injustè sterit ablatum . s●ldeni ad eadm●rum spiceleg . pag. . net. 〈◊〉 〈◊〉 〈◊〉 conquest . 〈◊〉 pag. ●● , . 〈…〉 s●●●●ns titles of honor , pag. . ●em pag . mat. 〈◊〉 in ●●ta sanct● 〈◊〉 abbat 〈…〉 , pag. . mat. pare in vita 〈◊〉 abbat 〈…〉 〈◊〉 l. ● . hoviden pars prior pag. . mat. paris in ●●●a s. a●bani abbatum , pag. . * naturalium . mirror of justices , chap. . pag. . de eventibus anglia lib. . sol . . col. , . ●e●●a● dorob . act. pont. cantuar . p. . 〈◊〉 . . relat. 〈◊〉 primi ad 〈◊〉 tractat . de 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pag. . 〈◊〉 ti● . of honor , pag. ● . ex car●●lario coenobii 〈◊〉 in bibliotheca c●tton . sub e●●igie 〈◊〉 , a. . provincia , 〈◊〉 . co 〈…〉 , 〈◊〉 ti● . of honor , pag. ●● . 〈◊〉 . glo●● . ti● . provincia , pag. ●● . parlia●●ntum synodus 〈◊〉 ●gn● 〈◊〉 , s 〈…〉 . 〈◊〉 . 〈◊〉 . . fol. . eadm●● 〈◊〉 vita 〈◊〉 . . sol . . l. . an. dom. . 〈…〉 hoveden pars prior pag. . lin. . b. * 〈…〉 ruined 〈◊〉 〈◊〉 . . rot. parl. 〈◊〉 . . art. ● . pultons stat. e. . sol . . king james's first speech to his first parlialiament in england . pulton stat. jacobi , cap. . sol . . king charies the first 's declaration to all his loving subjects , published with the advice of his privy council . exact collectious of declara●ons , pag. , . mat. par. a. d. ● . pag. . l. . in 〈…〉 itio ne qui magnates , viz. comes , baro , miles , seu aliqua al● notabi●●s persona transeat ad partes transmarinas . ro● . c●aus . e. . m. ● . dor●o . sie igitur ist● . modo willi●●●o ●ortuo 〈…〉 rtas frater 〈◊〉 in 〈◊〉 contra inimicos fibi infestos in guerra sua occupatus est , in codem tempore i●te ro 〈…〉 s semper contrarius & adeo innaturalis extiterat baroni bus reg●● arglie quod plenario consensu & consilio totius communi 〈…〉 s r●g●● imposuerunt ei illegitimitatem quod non fuerat procreatus de legitimo th●r● willielmi conquestoris , unde unanimi assensu suo ipsum recutarunt & pro rege omnino recusaverunt & h●nricum fratren in regem 〈◊〉 . henr. de knighton , coll. . cap. . l. . ll. guli●●●ni primi , lamb. sol . , . hac etiam carta habeatur apud mat. pa●is . an. dom. , and . carta modera●ioni . ●●odi magni si●●lli anno 〈◊〉 ●ahannis . ex vete●● registro in archivis . cantuar. archiepiscopi . rot. pat. 〈◊〉 h. . m. . cake . instir. sol . . rastals stat. e. . ll. g 〈…〉 ni primi l●●● . sol . , . camd. britanin . de ordin . angli . e , sol . . w●●● . malmesb. histor. novel , lib. . pag. . l. . b. hoveden pars posterior , pag. . l. . ms. vita tho●e archiepiscopi cant. in bibl. cotton . s●l●e●s titles of honor , fol. . carta moderationis seodi magni sigilli . mat. west●● . pag. . l. . rot. pat. h. . m. . dorso . rastalls stat. pag. . mat. w●●●m . sol . . l. . d● h●ylins stumbling block , pag. . rot parl. e. . n. . mat. 〈◊〉 . an. . p. , . malmisb . lib. 〈◊〉 . pag. . oratio regis henrici ad anglos . mat. paris in vita h. . pag. , . inhibitio nèqui magnates , viz. comes , baro , miles , seualiqua alia notabilis persona transeat ad partes transmarinas . rot. claus. e. . m. . dorso . notes for div a -e rot. parl. e. . n. . pro burgenses de san●●o a 〈…〉 . who sent burgesles to parliament e. . e. . 〈◊〉 . . e. . e. . p 〈…〉 's . part of parliamentary wri●s , pag. 〈◊〉 . those rolls lost , or destoyed . the statute of articuli cleri made the next year after this record cells us that there were divirsa parliamenta temporibus progenitorum suor●● regum ang●●● . coke . instit. 〈◊〉 . . respons . est per concilium . nota , rolls of summons to parliament , were extant this very parliament , rot. claus. e. . m. . selden's titles of honor , fol. , . it appears by the patent roll of e. . that there were parliamenta , and summons to parliament , temporibus progenitorum , & ante annum h. . rot. pat. e. . pars . m. . rot. pat. joh. pars . m. . in the antient subsidy rolls we often meet with the tenants in antient demesne in parliament , and giving subsidies , and it is the opinion of my lord hobart , sol . . that by continuance of time they were discontinued , and it may be one reason thereof was , that it was an ease granted them by the king in favour of their labour of the earth . vide rot. de . & ed. . apud northampton , an. regni sui primo à laicis concessis . rot. de . burgorum regi e. . an . regni sui nono apud 〈◊〉 〈◊〉 . à laicis concessa . in custodia clerici pipae in sc●ccario remanen . rot. pat. joh. pars . m. . inhibitio ne qui magnates , viz. comes , baro , miles , seu aliqua alia notabilis persona transeat ad partes transmarinas . rot. claus. e. . m. . dorso . . negative . . affirmative . mat. paris an. . pag. . l. . pau●●is evolutio di●bus congregantur apud londoniam archiepiscopi , episcopi , abbates , multarumque ecclesiarum praelati cum comitibus & baronibus totius regni ut negotia regni & ecclesiae pertractarent cum theobaldo cantuar. archiepiscopo apostolicae sedis legato , eidem concilio praesidente . mat. paris in vita rob. abb. s. albani an. dom. . pag. . l. . selden's titles of honour , part . sol . . mr. 〈◊〉 animadversions on the lord cokes fourth inst. pag. . mr. paris anno . pag. . an. regni ioh. . 〈◊〉 . parl. 〈◊〉 〈◊〉 . . n. , . and with this agree the scottish laws . et idem rex scotiae dicit sicut prius quod de aliquo regnum s●●m contingente non est a 〈…〉 s nes potest hic respondere inconsultis probis hominibus regni nostri . placita parl. inter johannem regem scotiae & magdulphum . e. . pag. . item ad rolorandum consederationem quondam initam inter ipsum fran●orum regem ex una parte & dictum johannem de balliolo ac praelatos & nihil●s & universitates & communitates civitatum & villarum dicti regni scotiae pro ipsis & eorum haeredibus & successoribus ex altera parte . ex rot. in turri london . prynn's . tom. of ecclesiastical jurisdiction , e. . rot. pat. johannis pars . m. . interdictum , quod vulgariter utlagatio nuncupatur . nam cum sub edwardo tertio in ordinum consessu quaestio habebatur de donatione illa decantatissima johannis regis sacta innocentio papae tertio & successoribus ejus , unde urbanus quintus tum annum inde natum mille marcarum angliae & hiberniae simul nomine censum sibi tunc solvi petehat , &c. ordines universi idque tam generis ●ieratici ( quod mirere ) quàm proceres seu senatus populusque in comitiis illis solenni inita deliberatione responderunt unanimes irritam plane fuisse johannis donationem illam utpote tam sine ordinum assensu quam juramento ejus inaugurali adversam . johannis seldeni ad fletam dissertatio . cap. . fol. . mat. paris . pag. , . nomine baronagii angliae omnes quodammodo regni ordines continerentur . camd. britan . in . de ordin . angliae . fol. . ex chronico adam merimouth in bibliotheca cottoniana sub effigie cleopatrae . a. . p. , . an. dom. . e. . rot. claus e. . m. . in schedula . deliberationem habere cum praelatis & proceribus ( i. e. ) parliamento sine quorum communicato consilio sanctitati vestrae super praedictis non possumus respondere , & jurejurando in coronatione nostra praesiito sumus astricti quod jura regni nostri servabimus illibata , nec aliquid quod diadema tangat regni ejusdem absque ipsorum requisito consilio faciemus . mat. paris . pag. . l. . h. . rot. claus. e. . m. . dorso . 〈…〉 〈◊〉 . 〈…〉 rot. claus. pat. h. . m. . dorso . rot. claus. h. . m. . dorso . rex 〈◊〉 . 〈◊〉 ep 〈…〉 po , &c. in 〈…〉 o parliamento no 〈…〉 o quod suit 〈◊〉 . bracton lib. . cap. . fol. . rot. claus. 〈◊〉 h. . m. , dorso . rot. p●● . ● h. 〈◊〉 . m. 〈◊〉 . dorso . at this parliament was the dreadful sentence or curse published in the great 〈◊〉 it 〈◊〉 . by the clergy gainst the breakers of mag●● 〈◊〉 by consent of parliament . 〈…〉 tals st 〈…〉 . rot. pat. ● h. . m. . n. . de inquisitionibus faciendis per singulos comitatus angliae . rot. pat. h. . m. . henr. &c. saches que pur le profit de nostre rea●me & a la requeste de noz ha●s 〈◊〉 〈◊〉 ●omes e du comun de nostre reaume . rot. pat. . h. . pars unica m. . dorso . forma pacis inter regem & barones . rot. pat. ● h. . m. . dorso . rastals stat. p. . stat. & e. . cap. . where in the parliament holden at m●rton in the h. . rot. parl. h. . p. . n. . nota. this memorable record amongst several others as remarkable , is entirely left out in the exact abridgment of the parliamwnt rolls , published under the name of sir robert cotton , by mr. pryn. 〈…〉 rot. parl. e. . n. . pulton stat. rot. pat. h. . m. . rex archiepiscopis , &c. militi●us & libere ten●ntib●s & omnibus fidelibus s 〈…〉 s per hibernia● , &c. quod in sig●●m fidelitatis ●estr● , &c. libertation regao no●tro angliae a 〈◊〉 vostro & no●is concessis de gratia nostra & dono in regno hiberniae ga●deatis , &c. sed non si● angliae stat●ta oriri possunt dum nedum principis voluntate sed & tot●●s r●gni ass 〈…〉 ipsa cond●●t●r . fortescue , cap. . pag. . bracton . lib. . cap. . fol. . inhibitio nè qui magnates , viz. com●s , bar● , miles , sea aliqua alia notabills persona transeat ad partes transmarinas . rot. claus. e. . m. . dorso . kings vale royal of england , fol. , , . 〈◊〉 〈◊〉 which supp●●cation , though it be not that i know of upon record , yet i have seen very many copies thereof , and particularly i have a copy of it my 〈◊〉 which was written in the year mdlxxxxii . ex li 〈…〉 〈◊〉 the 〈◊〉 〈…〉 aring cestrensis baronet●i ad me m 〈…〉 , anno dom. 〈◊〉 . rot. parl. e. . art . . le convocation n'ad ascun power a faire ascun chose a lier le temporaltie . h. . . et issint le rule e. . . ●t ●ray q' n●l 〈◊〉 oblige le poe●●e 〈◊〉 ; c●● q' est fait par cons●nt del poeple . davis rep. fol. 〈◊〉 . henr. de knighton de eventibus angliae lib. . pag. . l. . an. dom. . e. . v 〈…〉 . coke . insi . fol. ● . 〈…〉 rot. pat. h. . m. . pro ●●ce inter r●g●m & com. glouc. nota , 〈◊〉 earl of 〈…〉 wal , w●● elected king of h●ngary , or almain . ibidem . coke . instit. sol . . articuli c●●●i ex fragmenta . rot. parl. an. h. . rot. pat. h. . m. . intus . d● signo 〈…〉 . for all pa●●●ament ●●●ls of the time of h. . are l 〈…〉 〈◊〉 ▪ 〈…〉 me 〈◊〉 in the parl●●ment ●t o 〈…〉 , in . of the ●ame king , which i have heretofore used by the favour of an honoura●le p●rson that 〈…〉 . 〈◊〉 first part of 〈◊〉 writs , ●ol . ● . 〈…〉 , sol . . p 〈…〉 's stat. 〈◊〉 . ● , , ● , ●● , , , , ●● , ●● , , . vide the writs upon the statutes of 〈…〉 m. . e. . glo●● . e. . de mercatorio●s , e. . de va●●o , e. . declare they were made per commune concilium regni . coke . instit. sol . . all the antientest writs of summons of our temporal lords to great councils , being utterly lost through negligence , or perished through the rust or consumption of time , the very first writ of summons to them , and kalendar of their names , now remaining , is that of h. . prynns register of parliamentary writs , part . sol . . ●●t to point out who they were ( viz. b 〈…〉 mai●res ) that had their first rise by writ of summons until e. . and afterwards , pasteth my skill , there being no publick record that doth make mention of them till then , excepting that of h. . d 〈…〉 pres ▪ to his ba 〈…〉 angliae , tom. . ex ms. 〈…〉 s honorabile● dominum bar. de hollis . pulton's stat. sol . . e. . it is considered and declared by the whole body of this realm now represented by all the estates of the same assembled in this present parliament , that the kings highness , before almighty god , is bound as by the duty of a good christian prince , for the conservation and preservation of the good estate and common-wealth of this his realm , to do all that in him is , to obviate , repress , and redress the said abusions and exactions of annates , or first-fruits . apad capell . rotulor . rot. parl. h. . n. . m r pry●n's preface to s● rob●rt cotton's abridgment of the records i● the tower. rot. pari. 〈◊〉 . n. . 〈◊〉 richard 〈…〉 〈…〉 it rot 〈…〉 pa●●●am●nti 〈◊〉 〈◊〉 suo 〈◊〉 & d 〈…〉 i. lamberd archion . sol . . prynns truth triumphing over falshood , antiquity over novelty , sol . . parliamentum synodus magn● nun 〈…〉 r somneri gloss. cabala sol . . a 〈…〉 . . 〈◊〉 〈◊〉 of the 〈◊〉 world. 〈…〉 . sir 〈◊〉 mor● 's works , sol . . willtelmus rastall s●rviens ad lige● constitatus jast●● . de 〈◊〉 . tesre rege apud 〈◊〉 . ● octobr . 〈◊〉 . par. 〈◊〉 〈◊〉 ● & 〈◊〉 rot. pat. 〈◊〉 h. 〈◊〉 . . 〈◊〉 . 〈…〉 . inquisitio facta ad parliamentam de tristel dermond die mercurii proxima post festion sanctae trinitatis an. h. . coram domino ricardo de rupella capitali justiciario hiberniae & co●am domino hugone de tachmone epi 〈…〉 po midensi tane t●●s●●rari● , &c. ex reg 〈…〉 architpi 〈…〉 dubliniensis . parliament in ireland , a● . h. . ibid. 〈◊〉 . rot. pat. e. . m. . rot. pat. e. . m. . de regi in hibernia con●essa taxand . inhibition ne qui mag●atis , videlicet comes , 〈◊〉 , milis , s●ali ●ua alia notabilis person● transeat a● partes transmarinas . rot claus. e. . m. . . dorso . paul●s aemilius hist. franc. lib. . rot. parl. h. . n. . pars a. approbatio pacis inter r●gna angliae & franciae nuper conclusae . rot. parl. h. . n. . in consimiliforma . the last of which , being the citizens and burgesses , appeared by their representatives or delegates . the portugal history . impress . an. . pag. . p 〈…〉 in hi 〈…〉 th●anus hist. lib. . fol. . tom. 〈◊〉 . regiam majestatem scotiae . apud eundem statuta wilhelmi regis , pag. . cap. . 〈◊〉 statut● alexandri 〈…〉 , pag. ● . 〈◊〉 . . r●● . 〈◊〉 . 〈◊〉 〈◊〉 . 〈◊〉 . . 〈◊〉 〈◊〉 exon. wor 〈…〉 hunt. 〈◊〉 . &c. ex 〈◊〉 in ●●●ri london . e. . 〈◊〉 〈◊〉 〈◊〉 . lib. . cap. . 〈…〉 . 〈◊〉 〈◊〉 〈◊〉 spi●●●● . ●od . de 〈◊〉 . lib. . cap. . objection . eum ●go pl●b●i●m vo●● , qu●m leges nostrae ●ominem leg●●●m appellant , saith a learned man , a lawyer and privy councellor to the famous queen . t●● . s 〈…〉 de rep●● . a 〈…〉 . . cap. . fol. . di p 〈…〉 s. and the archbishops question to the king in the coronation oath runs , si liges & cons 〈…〉 s ab antiquis justis & deo devotis regibus p●●bi anglorum 〈…〉 as . t 〈…〉 i mag●a charta , fol. . answer . r 〈…〉 s stat. pag. ●●p . . ibid. pag. . reges antiqui cùm in chartis mentionem saciant de baronibus , saepe subjungunt , possessivum meis vel nostris , id est regios barones sic distinguant à baronibus , episcoporum , comitum , abbatum , &c. spelm. gloss. tit. baro fol. . anno h. . fitz-herbert abridgment . tit. prescription . fol. . rot. claus. h. . m. . pro hawisia quae fuit uxor johannis filii alani . glanvile lib. . cap. . et hoc debet dominus rex de jure baronibus suis , scilicet quod ob talem causam possunt sui barones curias suas sic in curiam suam ponere . . observation . coke . instit. fol. . articuli super chartas , cap. . note , before h. . magna charta was granted and confirmed several times . rot. pat. h. . n. . rot. claus. h. . m. . dorso . of which last there are several antient transcripts . ms. penes praenobilem will. pierpont . ms. penes sam. baldwin militem servientem domini regis ad legem . ms. penes johannem cook gen . de interiore templo . ms. penes meipsum . h. . hist. ecclesiae angl. apud foxum vol. . pag. . ex ms. domini scales . rot. pat. h. . m. . rot. pat. h. . pars . m. . dorso n. . cok● . instit. fol. . rastall's stat. e. . sol . . statutum de asportatis religiosorum , e. . placita parl. sol . . coke . instit. fol. . rot. de xx 〈◊〉 xv . regi ed. se●●●do apud westm. à ●●lcis concess . ann . regni sui octavo , apud clericum pipae . ibidem consimile anno septimo . consimile anno nono . communitas comitatuum . placita parl. pag. , . rex &c. quia ex querela multorum intelleximus , quod nonnulli magnates , cives & burgenses & alii in libertatibus suis à progenitoribus nostris regibus angliae & nobis eis concessis easdem libertates frequenter excedunt , & sub velami●● libertatum illarum pluribus dampna non modica de die in diem infer●nt . rot. claus. e. . m. . de libertatibus in manu regis re●inend . ex veteri libro statutorum in lingua gallica penes meipsum . nota , the ordinances of the staple were made by a great council , but confirmed and made a statute in the parliament , e. . cap. . ex bundell . pet. parl. . r. . n. , . rot. parl. e. . n. . nobilitas 〈…〉 t d●●lex , superior & inferior . c 〈…〉 . instit. sol . . nobiles minores sunt e 〈…〉 it es sive milites , armigeri & qui 〈◊〉 〈◊〉 & gentlemen 〈◊〉 . camd. brit. sol . . mills de nobilitate politica & civili , ●ol . , . nobilitas causatur ex lo●o , quoniam ci●is ●x 〈◊〉 ●plendida ori●●●us nobilis est . chassene●s c●ralogus gloriae mundi , pars . consid . . causatur etiam ex cl 〈…〉 ra , ●o quod quis est 〈◊〉 〈…〉 icitur nobili● . ib. consid. . pr 〈…〉 ●p●os urbi●m , vicorum & c●stillorum magistratus p●i●a●●s ●●isse dictos . camd. brit. ●ol . . 〈…〉 rot. pat. joh. m. . dor . rot. claus. joh. m. dorso . rot. claus. joh. m. . dorso . mat. paris . a. dom. . pag. . l. . mat. paris . pag. . mat. westm. p. . l. . claus. h. . pars u 〈…〉 , m. . dorso . i●id●m . mat. paris . p. . l. . h. . rot. parl. e. . n. . dorso . pulton's stat. e. . cap. . pag. . mat. paris . an. . h. . ●ol . . l. . mat. westm. fol. . 〈◊〉 . fleta lib. . cap. . d● 〈…〉 tia 〈◊〉 statutum . fol. . rot. pat. ● h. . m. . dorso . ex chro 〈…〉 ms. in bibliotheca ●odleiana inter co 〈…〉 s willielmi a 〈…〉 iscopi cantuar. . k. . mat. paris . f●● . . mat. paris . pag. . l. , . an . h. . nota , king john swore to observe magna charta , and the barons did him homage . rot. pat. joh. pars unica ●n . . n. . rot. parl. e. . n. r 〈…〉 s stat. e. . cap. . 〈…〉 . rot. parl. e. . n. . . rast. stat. e. . pag. , . pupilla oc●li , fol. . cap. . de sen●entia lata super magnam chartam . observation . camd. britan. sol . . selden's titles of honor , in ●● . parte ●● . fol. ● . spelm. gloss. tit. de aldermanis , & multipl●ci magistrata apud anglo-saxonis , sol . , . n●●●●t cantii comites suo ordine percenseam ( omissis saxonibus godwino & aliis ) qul non haereditarii sed officiarii comites erant . camd. britan. cantium , fol. . spelm. gloss. diatriba de baronibus , fol. , , , . spelm. gloss. in 〈◊〉 baron●s , fol. , . ibidem . barouiae plurimae in northumbria , tumque omnino marti se quasi consecrarunt , non est inter cos quispiam melioris notae qui suam turriculam aut munimentum non habeat , & in quamplurimas baronias divisa suit quarum domini olim ante edwardi primi tempora barones vulgo dicti . camd. britan. in sol . . johannis seldeni ad eadmerum & notis & spi●●leg . fol. . camd. britan. in . di ordin . angliae , fol. . t●●inorum enim d●o ●rant genera , majores quos theinos regis appellabant , nos barones regis & theini simpliciter seu theini minores , qui iidem ●rant qui barones minores & non●unquam libere tenentes nuncupantm . spelm. gloss. p. ● . ms. vetus in bibliothica cotton . sub effigie cleopatrae charactere contempora●●o . litterae ad concilium . mat. paris . histor . an. dom. . pag. . l. . mat. paris . an. eodem , p. . l. . ypodigma n●ustriae , p. . ex ms. praenotat● . litterae uni 〈…〉 an 〈…〉 〈◊〉 papam . mat. paris . p. . l. . an . ● h. . edwardus , &c. 〈◊〉 . ebor. &c. o 〈…〉 ns . 〈◊〉 c●m ad parliament● i● quib●s tam n 〈…〉 i 〈◊〉 regni nostri negotia di●●nt 〈◊〉 , 〈◊〉 , comites , barones , & alios tam clericos quam 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 negotia hujusmodi consilium salubr●●s poterit 〈◊〉 . brevia regis de an . e. . in turri london . mat. paris . ● . l. 〈◊〉 . an. d 〈…〉 . . rot. claus. h. . in . . dorso . nota the various appellations and phrases of these two parliaments . barones , 〈…〉 lites , & u 〈…〉 sitas baronagii regni angliae . tota universitas regni . magnates & universitas regni . totius regni magnates . universitas baronagii angliae . barones , proceres & magnates 〈◊〉 nobiles portuum maris habitatores , nec non clerus & populus universus . par 〈…〉 t. mat. westm. an. dom. . p. . l. . re 〈…〉 regis archiepiscopo cant. ad literas apostolicas . mat. 〈◊〉 . a. d. . e. . p. ● . l ● . 〈…〉 walsmgham in vita e. . 〈…〉 ol . ● . l. . a 〈…〉 fo 〈…〉 m 〈…〉 vo● . 〈◊〉 . p. . rot. parl. 〈◊〉 〈…〉 . 〈…〉 〈…〉 notes for div a -e objection . solution . distinction . distinction . . distinction . 〈◊〉 . 〈…〉 〈◊〉 . rot. cart. . johannis m. 〈◊〉 . n. . rot. claus. . johannis m. . 〈◊〉 ne q●● magnates , viz. c●mes 〈◊〉 miles s●u aliqua alia notabilis pers●na transeat ad partes transmarinas , rot. claus. e. . m. . . dorso . rot. pat. . johannis m. . dorso . rot. pat. . johannis m. 〈◊〉 . dorso . rot. pa. & 〈◊〉 n. . 〈…〉 〈…〉 . rot. pat. johannis m. 〈◊〉 . 〈◊〉 . 〈◊〉 gloss. 〈◊〉 〈◊〉 〈◊〉 . mat. westm. anno . johannis . m. s. penes dominum samuelem baldwin ser●ientem domini regis ad legem . m. s. p 〈…〉 s johannes cook gener●sum de interiori templo . m. s. statutorum penes meip●m . rot. claus. h. . m. . derso . mat. paris pag. . l. . anno ●om . . parones angliae concesserunt regi henrico . partem omnium mobilium & cattallorum totius angliae pro libertatious s 〈…〉 s rex ●channes pater eis concesserat & charta confoma●erat apud runemed , 〈◊〉 m. s. radi cogg 〈…〉 . nota. anno . h. . rex henricus dedit & co 〈…〉 it hominibus de regno angliae libertates & liber●s c●●s●et●dines sicut 〈◊〉 in ●●●bus antiquis & fecit ●is i●de chartas duas 〈◊〉 de libertatibus & liberis consuetudi●ibus regni aliam de libertatibus forestae p●o ha● donatione & co 〈…〉 one dederunt regi 〈…〉 decimum denarium per 〈◊〉 angliam . ●x 〈◊〉 chronico , 〈◊〉 . s. 〈◊〉 bibliotheca dodleiana inter codices will. archiep. can●●ar . 〈◊〉 〈◊〉 . . rot. statur . e. . m. . co●● . instit. c. . fol. . rex h. . exigit ab huberto de burgo quod ei respondeat de co●lectione totius quintaedeci 〈…〉 q●● per commune concilium totius regni 〈◊〉 & 〈◊〉 〈◊〉 in d●pos●to . mat. par●s addit . pag. . l. ● . all the ancient writs upon magna charta say , that it was made per commune conci 〈…〉 〈◊〉 . inter communi● de termino s. hillary e. . recorda penes rememoratorem domini regis in scaccario . warr. de priere de coventr . attach . pro transgressione . bracton , 〈◊〉 cap. ● . sol . 〈◊〉 . rex angliae neque per se aut ministros suos subsidia , aut alia quaevis onera imponit ligeis suis si●e assensu toti●s regni sui in parliamento suo expresso . fortescue de la●dibus legum angliae , cap. . pa. . 〈◊〉 〈◊〉 . & a 〈…〉 inistratione arglorum , tho. smith , 〈◊〉 . . cap. . 〈◊〉 . . . it 〈◊〉 were needful , i could give numbers of records , that prove the 〈◊〉 tention of s●●h prescription high 〈…〉 . p 〈…〉 〈◊〉 . 〈◊〉 t 〈…〉 in s 〈…〉 〈◊〉 . carta regis 〈…〉 t. nota , the parties of the witena-gemot or parl. fide●es , i. e. oies qui in principis alicujus ditione spnt vulgo sub●ecti , spel. gloss. . nota , here we find that the knights were in the saxon and dani●h commune comitum , or parliament in king ●nuts reign , hen. primus rex , eadmeri historiae novorum , lib. . pa. . 〈◊〉 . 〈◊〉 . henricus primus rex . eadmeri hi●● . novorum , ●●b . . pa. . alexander the 〈◊〉 . 〈◊〉 the various 〈◊〉 of the general councll ●o parliament of 〈…〉 〈◊〉 〈◊〉 〈◊〉 , co● . . 〈◊〉 〈◊〉 〈◊〉 . 〈◊〉 . hen. 〈◊〉 rot. par. e. . n. . . quod omnes tangit ab omnibus approbatur . vide argument the th , pa. . usque ad sinem . rot. pat. . johannis pars . m. . rot. claus. . johannis m. . rot. pat. j●hannis m. . rex mittit domino papae pro auxilio adversus baronis angliae . pat. johannis m. . dorse . rex scribit pape ut su●●urrat 〈◊〉 q●oniam 〈◊〉 & singulare praesidium suum post deum habuit in papa . rot. pat. h. . m. . dorso . vide pa. . , . se● p● . 〈◊〉 . , 〈…〉 . collo 〈…〉 〈◊〉 parliamento , spell . gloss. . rot. pat. vascon . & h. . m. . n. . de magnae carta tenenda . rot. pat. h. . m. . hiberniae . vide the ninth argument , pa. . . ibidem . hiberniae ? rot. pat. h. . m. . pro rege & barnagio angliae . nota , the different denominations of the parliament or common council of this year . . proc●res & fideles regni . . baronagium angliae . . parliamentum , rot. pat. h. . m. . n. . . haus homes c prodes homes e comune de reaume . rot. pat. h. . m. . vide pa. . rot. pat. h. . m. de pace inter regem & r. comitem glouc. nota. in those ancient times pardons by parliament , wherein the commons gave their counsel and assent , were thought safe and requisite . ibidem . rot. pat. e. . pars . m. . quod nullus imprisonetur &c. pro morte petri de gaveston . purve● est & grante per nos & per ercevesques , evesques , abbes , priors , countes , barons , & per tote la comunalty de nostre roialme a nostre parlement &c. uniment assentuz est & accordez that all that had a hand in the death of pierce gaveston should be pardoned . ro. pat. e. . m. . de perdon . pro com. lanc ' . the king in parliament pardoned the earl of lancaster . consentientibus praelatis proceribus & communitate regni ibidem congregatis . rot. pat. e. . m. . andrew de hethford , who was a principal citizen of london , and a villanous instrument of the two spincers in e. . time , was de assensu praelatorum comitum & totius communitatis regni in parliamento , pardoned all homicides , robberies , burglaries , fellonies , appeals , &c. rot. pat. e. . m. . de perdonatione pro communitate civitatis london . de assensu praelat . com. bar. & totius communitatis regni pro homicidiis rebell . &c. ad sectam regis , & de appellis per quoscunque illatis . penes rememorator domini toes . in sacco . anglia de auxilio concesso ed miliciam sil regis . anno e. . consil ' intracio de codem termino penes rememorator . regis in sacc . rot. . vide pa. . not● . bar. quinque port●●m . nota. not the concilium here meant , was all the great officers of state , the judges and others the kings learned council in parliament . nota , in the ensuing record the milites commitatuum , and barones quinque porcuum are comprehended under the words magnates regni . inter comm●●ia brevia ae termino s. michaelis anno e. . penes rememorator . domini thesaurarii in scacca●io . nota , in the former record praelati , comites , barones , & alii magnates , neonon milites . commitat●um granted a joint aid to the king , and here it is said , that the praelati & c●teri magnates regni gave it , so as the knights of the counties , and barons of the cinque ports are comprehe●ded under the name mag●ate● . penes rememorator . domini regis in scacc ' . warr. de priore de coventr . attach . pro transgressione . vide pa. . 〈◊〉 〈◊〉 the first-[third] tome of an exact chronological vindication and historical demonstration of our british, roman, saxon, danish, norman, english kings supreme ecclesiastical jurisdiction from the original planting, embracing of christian religion therein, and reign of lucius, our first christian king, till the death of king richard the first, anno domini ... / by william prynne, esq. exact chronological vindication and historical demonstration of our british, roman, saxon, danish, norman, english kings supreme ecclesiastical jurisdiction prynne, william, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : , : , : ) the first-[third] tome of an exact chronological vindication and historical demonstration of our british, roman, saxon, danish, norman, english kings supreme ecclesiastical jurisdiction from the original planting, embracing of christian religion therein, and reign of lucius, our first christian king, till the death of king richard the first, anno domini ... / by william prynne, esq. exact chronological vindication and historical demonstration of our british, roman, saxon, danish, norman, english kings supreme ecclesiastical jurisdiction prynne, william, - . v. : ill. printed for the author by thomas ratcliff, and are to be sold by abel roper ... gabriel bedell ... and edward thomas ..., london : - . first ed. of v. , commonly referred to as "prynne's records," contains "a supplemental appendix." republished as: the history of king john. ; and as: antiquae constitutiones regnii angliae. . cf. nuc pre- . reproduction of original in newberry library (v. ), union theological seminary library, new york (v. ) and university of illinois (urbana-champaign campus). library (v. ). marginal notes. volume (p ) is at reel : ; volume (p ) is at reel : ; volume (p ) is at reel : . pages , and - of v. are missing in the filmed copy. pages - photographed from huntington library copy and inserted at end. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng henry -- iii, -- king of england, - . edward -- i, -- king of england, - . constitutional history -- great britain -- sources. great britain -- history -- th century -- sources. great britain -- church history -- th century -- sources. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion januarii . . imprimatur , will. morice . the second tome of an exact chronological vindication and historical demonstration of our british , roman , saxon , danish , norman , english kings supream ecclesiastical jurisdiction , over all prelates , persons , causes , within their kingdomes and dominions ; from the first year of the reign of king john , anno dom. . till the death of king henry the iii. in the year . wherein the several branches of our kings ecclesiastical soveraignty are truly stated ; the popes usurped vniversal monarchy , subverted , by their own popish assertions concerning the virgin mary , transubstantiation , and christs corporal presence on earth in every hostia . popes , popish prelates intollerable usurpations on , vnchristian practises against the persons , antient undoubted ecclesiastical , temporal prerogatives , jurisdictions , rights of these kings crownes , privileges , the liberties , properties of the churches , kingdomes , clergy , nobility , commonalty of england and ireland ; by legates , nuncioes , delegates , bulls , palls , exemptions , dispensations , non-obstantes , decretals , canons , appeals , citations , journeys to rome , inhibitions , sequestrations , provisions ; ratifying void , vacating legal elections , presentations to ecclesiastical dignities , benefices , at their pleasures ; by croysadoes , procurations , tenths , firstfruits , illegal oathes , extortions , rapines , excommunications , interdicts , absolutions from oathes , vowes , open treasons , rebellions , wars , to depose , enslave our kings , kingdomes , and make them homagers , vassalls , tributaries to the see of rome : with their , and our parliaments , nobles , clergies , commons successive memorable complaints , oppositions , letters , writs , prohibitions , proceedings against them , in the height of popery . the principal transactions of state between these kings , and the popes , cardinals , legates , court of rome ; with their unparallel'd avarice , bribery , simony , treachery , tyranny , frauds , impieties , extortions , corruptions ; are impartially related ; out of the best historians in or next that age , and irrefragable rare records in the tower , not formerly published ; with vsefull observations on , from them : and several indexes to this tome . by william prynne esquire , a bencher and reader of the honourable society of lincolnes inne . tit. . . put them in minde to be subject to principalities and powers , to obey magistrates , to be ready to every good work . pet. . , . an heart they have exercised with covetous practises ; cursed children ; which have forsaken the right way , and are gone astray , following the way of balaam , who loved the wages of unrighteousnesse . london : printed for the author by thomas ratcliffe , . and are to be sold by abel roper at the sun over against st. dunstans church in fleetstreet ; gabriel bedell at the inner temple gate ; and edward thomas at the adam and eve in little britaine . to the right honourable edward earle of clarendon , lord high chancellor of england , chancellor of the vniversity of oxford , and one of his majesties most honourable privy counsell . my lord , it is the institution of god and nature , that all things ( by a divine and natural right ) should terminate in their original , and revert to the spring from which they issue : hence st. paul ( the a apostle of the gentiles , and of our b british isle , ) resolves ; that as c all things in heaven and earth , visible and invisible , whether thrones dominions , principalities , powers , or other creatures , were and are created by ; so likewise to and for god , their d alpha and omega . yea king solomon long before him , not only concluded in point of divinity , e the lord hath made all things for himself ; but thus demonstrates it by natural experimental philosophy , f all rivers run into the sea ; unto the place from whence the rivers come , thither they return again . this contemplation hath excited , yea obliged me ( in point of right , and equity ) not only to return , but dedicate this large chronological vindication , and historical demonstration , to your lordship , from whose unexpected voluntary motion , and subsequent encouragements , ( to collect , publish it for the honour of our kings , nation , church , kingdome , and benefit of posterity ) it received its original conception , augmentation , production , at vacant hours ( borrowed for the most part from my natural rest and repasts ) without the least neglect of my other distracting publick imployments . which may justly excuse all defects of ornament , method , stile , substance , any curious eyes shall discover therein ; or in my yet uncompleated preceding or succeeding tomes of the same heroick subject ; not hitherto at large , historically discussed by any antiquary , or historian i have seen . i have prefaced this tome ( brought forth into the vvorld , like g pharez , before its elder brother ) with a brief , necessary introduction , to supply the want of my larger introduction comprised in the first book of the first tome , not yet compleated , over-large to be annexed to this , as i at first designed : wherein i have h truly stated that antient soveraign ecclesiastical jurisdiction claimed , exercised ( as there was occasion ) by our british , roman , saxon , danish , norman , english kings , which i have historically vindicated in fact , and right , in this and my other intended tomes . whereunto i have subjoyned a short synopsis of i roman popes and their parasites impudent claims , to a vniversal antimonarchical , if not k antichristian soveraign monarchy over all churches , empires , kingdomes , nations , emperors , kings , prelates , priests , persons throughout the world , as well in temporals as spirituals , under their own forged titles , of christs vniversal vicars , his , and st. peters successors ; which supremacy they have for sundry ages l attempted to exercise and enlarge upon all advantages , by scandalous bulls , excommunications , interdicts , treasons , rebellions , absolutions of subjects from their oathes , allegeance ; deposals of christian emperors , kings : wresting their crownes , regal authority and kingdomes out of their hands , by force , and fraud , to the grand disturbance of all christian realms , to which they have m forged titles . the n sandy foundations of this their pretended papal monarchy , i have utterly subverted in a new way , by the avowed practises of their own popes , church , and articles of their romish faith ; concerning the o vniversal empire , yea p deification of the virgin mary : whom they have not only q seated soul and body in the very throne of the sacred trinity in heaven , but elevated r above god the father , and christ her sonne , intituling her to all their ſ soveraign power over all creatures in heaven , earth hell : to all their t divine attributes , titles , offices , worship ; u invoking , adoring her in their publike , private authorized devotions more then them ; yea ascribing to her a x commanding power over them in heaven it self . and by their doctrine of y transubstantiation , or christs real presence , both in his human body , soul , deity , in every consecrated host , adoring it as god , christ himself ; seconded with their legends of his frequent z corporeal real visible apparitions on earth : which infallibly overturn the foundations whereon they build st. peters and their own supremacy . upon which occasion i have briefly , and i hope irrefragably refuted by new topicks , ( not hitherto used , or not fully pressed by protestant divines ) their a idolatrous invocations , adorations of the virgin mary and other saints , wherein they not only imitate , but farr exceed the antient b idolatry , heresie of pagans , & the c collyridian hereticks : together with their pretended d doctrine , miracle of transubstantiation ; ( the great dianaes of the pontificians now most insisted on ) to reduce them from their romish e idolatry , superstition , errors , and keep unstable protestants from apostatizing to them in this and succeeding ages , by the seducements of their superabounding active emissaries . this tome ( as those intended to succeed it ) principally consists of memorable records ( preserved in the tower of london ) not formerly published : intermixed with observable historical passages ( pertinent to my theam ) taken for the most part out of our best antientest historians of the roman religion , writing in , or nearest the reigns of k. john and henry the d , which i have printed at large in their proper dialects , as most authentick , the better to communicate them to forreign nations , and prevent all cavills of pontifician or other criticks against their translations : with some usefull observations on , & deductions from them , for the readers information , or romanists refutation , if not conviction ; all which i hope are so genuine , solid , impartial , that no carping zoilus , nor advocate for popes or the court of rome , shall be justly able to quarrell with , much lesse to refute or contradict them . all the records herein transcribed , were perused with my own eyes , and carefully examined , re-examined by the originals : which are of so venerable , irrefragable authority , ( being carefully enrolled in the respective years they bear date , by sworn clerks , without any rasure , alteration , diminution , and so remaining till this present ) that no person by our common lawes , ( g ) may , or ought to averr against them . by their verdict i have here not only corrected some mistakes , ratified , illustrated sundry obscure , dubious passages in our historians , chronologers ; and king johns printed charter , but also supplyed many observable defects , omitted , or pretermitted bulls , letters , patents , writs , records , transactions relating to the ecclesiastical supremacy of our kings , the church-affairs , archbishops , bishops , clergy , lawes , customs , spiritual , temporal courts , jurisdictions , proceedings in england , and ireland , not extant in , nor remembred by any histories or law-books whatsoever ; not unworthy the knowledge , if not of his sacred majesty , yet of the greatest , learnedest counsellers , officers of state , prelates , divines , judges , professors of the common , or canon lawes , the studious nobility , gentry , ( whether protestants , or pontificians ) of both these kingdoms , from whose publike , if not private view , they have hitherto been concealed . if these my crude historical collections ( which i had neither sufficient time , nor leisure to digest , polish according to the dignity of the subject matter ) shall through the almighties blessing on , and your lordships favourable acceptation of them , produce any glory to god , any honour , advantage to our reformed protestant religion , churches , realms ; any satisfactory vindication of his majesties , or his royal predecessors soveraign ecclesiastical , civil just , antient rights , prerogatives , against the injurious claimes , pretences of vsurping romish popes , or prelates ; any reformation of revived old ecclesiastical vsurpations , excommunications , vexations , corruptions , exactions , extravagances , redressed , suppressed by these and our other kings writs , prohibitions , even in times of popery ; any conviction , conversion , reduction of seduced pontificians , or romish proselytes to due obedience to his majesty , and the bosom of our church , by discovering to them the manifold unchristian , if not antichristian practises , corruptions , vices , frauds , errors , exorbitances of popes , ( the visible heads , ) & popish cardinals , legates , nuncioes , prelates , the chief pillars , hinges of the roman church ; and the manifold just occasions given by them to our kings , kingdoms , to renounce all dependance on , all communion with them ; or , if they shall contribute any increase of knowledge , or other benefit , to the honourable profession and professors of the law , whereof your lordship under his majesty is , ( and long may you still continue in all splendor and felicity to be ) the most eminent patron , as well as member , ( all which particulars were the chief ends aimed at in this vndertaking ) i shall then repute my extraordinary expense , paines therein , sufficiently remunerated ; and be thereby encouraged , with greater vigor and all possible expedition , through gods gracious assistance , to compleat the anteceding and succeeding tomes of this chronological vindication . which , if god shall vouchsafe me life , health , oportunity to finish ; i hope i may crave leave , to sue forth my quietus est , from any future labours of this nature ; because it will then be high time for me only to prepare for another world , & conclude with ( h paul , the aged , ( i ) i am now ready to be offered , and the time of my departure is at hand . i have fought a good fight , i have finished my course , i have kept the faith ; hence forth there is layd up for me a crown of righteousnesse , which the lord the righteous judge shall give me at that day ; and not to me only , but unto all them also who love his appearing . which crown of righteousness , that this soveraign ( k ) lord of lords , and king of kings , may most graciously bestow upon your lordship in heaven , after you have long served , honoured both him , his majesty , his realms , churches in your ( l ) generation upon earth , shall be the daily prayer of your lordships most humble , devoted , obliged servant , william prynne . from my study in licolns inne , may . . the most joyfull day , festival of his majesties birth and restitution to his royal throne at whitehall . to the candid and ingenuous readers , especially professors , or students of the common laws , in england and ireland . kinde readers , i here present to your view and censure , the second tome of an exact chronological vindication , and historical demonstration of our british , roman , saxon , danish , norman and english kings supream ecclesiastical jurisdiction over all prelates , persons , causes within their kingdomes and dominions , &c. a subject heretofore cursorily handled , debated by sir edward cooke , in the first part of his fifth reports , of the kings ecclesiastical law ; by sir john davis in his irish reports , the case of praemunire ; by sir christopher sybthorp knight , one of his majesties iustices of the court of chief place in ireland , in his friendly advertisement to the pretended catholicks of ireland , dublin . part . concerning the kings supremacy , and the oath in that behalf to be taken : and of late by my learned friend , sir roger twisden , in his elaborate , acute vindication of the church of england , in point of schism , as it stands separate from the church of rome , and was reformed elizabethae , london . but never yet chronologically and historically vindicated , demonstrated , by any lawyers , antiquaries , historians , chronologers , or divines , in such ample manner , as the dignity of the subject matter , demerits ; or as some learned ( a ) french , and ( b ) german lawyers , antiquaries , writers , have vindicated the soveraign ecclesiastical prerogatives , rights , liberties of the kings , emperors , churches of france and germany , in large folio and quarto volumes ; when as our histories , annals , records afford us more copious presidents , more numerous , eminent monuments of this kinde , then france , germany , or any other christian kingdom throughout the world , as i hope to evidence in due time , for the honour of our kings , kingdoms , churches , nation , if god send life , health , oportunity , encouragements to accomplish such an heroick undertaking , not hitherto essayed by any of our own or other nation . if any shall demand , why i preposterously ( against my chronological method ) published this second tome before the edition of the first ? i answer ; because in my primitive undertaking of this subject , ( upon the motion of an honourable great officer of state ) i designed it to be the first , beginning my collections from the first year of king john , when the charter , clause , fine , liberate , and patent rolls in the tower begin ; all the rest , ( except some few chartae antiquae of former kings reignes never transcribed into rolls , ) being long since perished , or lost beyond recovery : and accordingly fitted it for the presse ; but afterward upon second thoughts , and motions , mounting my chronological collections , ( in relation to the kings of our isle ) as high as the first preaching , embracing of the gospel therein by the apostles , or their disciples , and to lucius our first christian king , and deducing them down to king john , in a more copious manner then i originally intended ; ( a work of much pains , search , study , difficulty , requiring farr longer time to compile then this tome , & swelling to another large folio volume ; ) and my chronological introduction to it from adam , ( the first monarch in the world ) till christs ascention into heaven ; and from thence , ( in relation to the roman , greek , german emperors , and other christian kings in forreign parts , till our modern age , thought fit to be superadded ) amounting to another volume , requiring a larger proportion of time then i can yet promise to my self , had i no other publike or private divertions to interrupt its progresse : i was thereupon not only induced , but in some sort necessitated to praepone this second tome in point of publication , before the first , lest death or sickness should deprive posterity of both . whereas if god shall preserve my life , bealth ; afford leisure and encouragement , i intend to publish the first , with other ensuing tomes with all convenient expedition . what the general ▪ and particular contents of this large volume are , the title page , the table of the books and chapters , and index in the cloze thereof , will fully satisfie the perusers . if any require an account from me , what persons may probably receive information or benefit thereby ? i answer with all humility , and sobriety , that ( if i be not much mistaken , ) our kings themselves , their great officers of state in england and ireland , the reverend , learned prelates , divines , judges , lawyers , nobility , and gentry in both these kingdoms ; and all studious professors of the protestant faith , or romish religion , may receive more or less advantage thereby in these particulars . first , our kings and counsellors of state may herein discern , the antient ecclesiastical and civil prerogatives , jurisdictions , rights , liberties of the kings , crowns , kingdoms , churches , clergy , subjects of england and ireland , herein vindicated ; and by what papal artifices , frauds , conspiracies , policies , treacheries , violences , instruments they were gradually invaded , undermined , encroached , usurped upon , and trodden under foot by popes , their legates , nuncioes , agents , confederates ; how they were countermined , opposed , and those recovered from them by degrees . ly . our protestant bishops , clergy may here learn and discover , how treacherous , rebellious , seditious , undutifull , their popish predecessors frequently were to our kings , kingdoms , curches , yea to their own interests ; how oppressed , fleeced , tyrannized over , vexed , squiesed , enforced to trot to and from rome , and other forreign parts , whiles under the tyrannical vsurped jurisdiction , citations , censures , arbitrary power , rapines , provisions , oppressions of popes , their legates , nuncioes , and other agents sent from rome ; and what just cause our kings , kingdomes , churches had , in point of conscience , as well as policy for their publick ease , liberty , safety , tranquillity , prosperity , to cast off their vsurpations , innovations , oppressions , and renounce all subjection to , or communion with the roman pontifs , see , court , for their manifold corruptions , extortions , abuses , frauds , unsatiable avarice , detestable tyranny , bribery , simony , injustice , ambition , pride , treachery , antimonarchical , and antichristian practises , which even our popish kings , nobles , commons , yea sundry of our most conscientious romish prelates , monkes , priests , historians publikely abominated , and protested against , with highest detestation . which if now duly pondered by those of the romish perswasion , may justly move , perswade them to reject both the pretended authority , sanctity , infallibility , and real corruptions of the popes , court , see , church of rome , and return to their due allegiance to our kings , and unto the bosom of our reformed church ; wherein the true worship of god is more sincerely performed , his word more orthodoxly , powerfully preached , his sacraments more purely administred , then in any of the roman churches , or in the popes own chappels . ly . all judges , practisers , students of the common laws in england or ireland , may here peruse some memorable resolutions and records concerning points of law ; many excellent rare writs , prohibitions , patents , and other records not formerly published , ( for the most part hitherto unknown ; ) against the illegal constitutions , canons , assemblies , oathes , inquisitions , interdicts , excommunications , provisions , extorsions , rapines , oppressions , vexations , citations , appeals , & other vsurpations of popes , legats , nuncioes , delegates of rome ; yea some of our popish archbishops , bishops , archdeacons , and their ecclesiastical officers , courts , upon the rights , prerogatives of the crown , the kings temporal courts , lawes ; the advowsons , rights , properties of patrons ; the liberties , consciences of the subjects in england and ireland , when ever invaded , or endangered by them . ly . the learned nobility and gentry of both nations studious of history , antiquity , church or state-affairs , may herein peruse many rare , usefull records , never formerly brought to publike view , illustrating divers obscure , rectifying some mistaken passages , supplying sundry defects in our histories and annals in the reigns of king john , and henry the iii. especially concerning the archbishops , bishops , bishopricks , affairs of ireland , and sundry transactions between these kings , their embassadors , procurators , and the popes , cardinals , legates , nuncioes , court of rome , not extant in former histories or authors . perchance some readers may demand , why i printed all the records in their proper latin or french dialect , and most of the historical passages interwoven with them out of matthew paris , matthew westminster , and other latin historians , writers , in their own language ? i answer , i did it upon . accounts , . because i conceived they would be more authentick , usefull , gratefull ( especially to lawyers and gown-men ) in their original proper dialects , then in the best english translation . ly . to avoid all cavills , exceptions of criticks , or romanists , against their translations , wherewith they would evade , when as now they cannot deny nor disprove their authority , being presented to them in their proper words . ly . to make them more communicable and diffusive to statesmen and scholars in forraign parts . if any chronologers shall find fault , that some few records and historical passages herein mentioned are inserted out of their due chronological series , or years to which they relate ; if they consider , that this was occasioned , either by the continued series of the history to which they relate , hapning in divers years , which could not well be dis-joyned without greater inconveniences ; or to unite some records or stories of the same kind together , illustrating or ratifying each other , though different in time ; or else by casualty or oversight at the press ; and withall if they observe how the distinct years , rolls of every record , and of most historians , are truly cited , quoted in the text or margin : i hope it will be reputed no solecism , nor just ground of complaint . perhaps some other curious perusers of this work , may charge me with tautologie , or surplusage , for inserting several letters , procurations of our kings to popes , cardinals , and proctors sent to rome , or several patents , and prohibitions to distinct persons , courts , running almost in the same words ; but i hope the rarity and novelty of them , never formerly published in print , their confirmation and explanation of each other , ( especially in cases of prohibitions ) and the matters conteined in them , not mentioned in story , together with my care to avoid the censure of omitting or concealing any records of this nature wherewith others might upbraid me : and the constant practise of the clergy , popes , prelates , church and laicks of rome , ( most likely to pick quarrels with me ) in repeating sundry dozens , scores , if not hundreds of pater-nosters together on their beads , ( though that prayer was purposely instituted by christ himself , * to avoid and condemn all such repetitions ) and likewise reiterations of ave-maries , of the name of jesus , and other petitions , ejaculations in their primers , letanies , missals , jesus psalters , breviaries , offices , howers of the virgin mary , manuals of prayers , and other their bookes of publike and private devotion ; will at least acquit ▪ if not justifie me against this exception . that which i deem some polite , dainty readers will most censure me for , is want of elegant , lofty , eloquent language , embellishments and transitions : but this defect , my declining age , want of competent time to review , polish every passage ; together with the gravity , variety of the subject matter , the usual vulgar stile of most of our records and law-books , will apologize for this defect : a plain english garbe , modest natural beauty , bush , being in gods and wise mens judgements , better , decenter , commendabler , then any fantastick * outlandish habit , a painted , spotted face , or effeminate , powdred , frizled head , not of gods or natures making , but the barbers or tyre-womans . to conclude , all i shall desire of my ingenuous readers , is , a friendly construction and kinde acceptation of these my lucubrations , a free pardon of all defects , or involuntary oversights , ( if any shall occurr therein ) together with their cordial prayers for gods assistance , and enablement of me in the compleating of the remaining tomes , if they shall be judged usefull for the publike , or gratefull to posterity : there being few or none i know , or hear of , who will probably be at the pains or cost to carry on or compleat them , when i am translated hence to a better world , and shall rest from all my studies , labours in this . farewell . the general contents of the books and chapters conteined in this second tome ; all the particulars whereof , being many and various , are comprised in the table . book . chap. . page . containing evidences of king john's supream ecclesiastical jurisdiction over all bishops , religious and ecclesiastical persons , causes , bishopricks , monasteries , tithes , advowsons , in granting licenses to elect , and to approve or reject bishops , abbots , when elected ; examining the jurisdictions of all ecclesiastical courts , imprisoning , banishing bishops , clergy-men , seizing their bishopricks , spiritualties ; confiscating their goods , benefices , for their contempts , rebellions , treasons against him , and obedience to the popes interdicts , and other unjust commands : with other particulars ; and his strenuous , vigilant defence of the rights of his crown , against provisions , and other papal and prelatical usurpations in england and ireland , till the . year of his reign . chap. . page . of king john's most unworthy prostitution , not only of the undoubted rights and priviledges of his crown , but of himself , his diadem , kingdomes of england and ireland , after so many years glorious contests , to the tyrannical usurpations of pope innocent , and his own trayterous bishops and clergy ; of his resignation of his crown and kingdomes by two supposed . charters , ( but in truth only by one ) to the pope and his successors , and resuming them as their feudatory , under an annual rent . his oath of homage and fealty to the pope , the validity of this charter , these rents , and their payment debated ; the present and subsequent oppositions against them : this kings opposition against the encroachments of his treacherous , rebellious bishops and clergy , who dealt most perfidiously with , and stirred up the barons warrs , rebellions against him , after they had forced him to resign his crown , and protested against his unkingly actions , when accomplished by their own procurement and designes ; with other memorable particulars and records , relating to these transactions ; and this kings charters , proceedings in ecclesiastical elections , affairs , as supream patron within his own dominions . book . chap. . king henry the . his succession to king john ; his coronation , necessitated oath , homage , subjection to , transactions , complyance with the pope and see of rome , against his own and the nobles wills ; his and their complaints , oppositions , prohibitions against the popes , bishops , clergies incroachments , exactions both in england and ireland ; with the chief passages concerning ecclesiastical affairs in them during the first years of his young and troublesome reign . chap. . pag. . containing sundry records , patents and historical passages , evidencing this kings supream jurisdiction in and over ecclesiastical persons , courts , affairs , in england and ireland : the intollerable vsurpations , extortions , oppressions , innovations , proceedings of popes , their legates , agents , instruments , to the prejudice of the rights , priviledges , of the king , church , kingdom , subjects in both these realms , with the several complaints and oppositions against them : the english and irish bishops , covents , courts christians encroachments upon the kings temporal courts , rights , royal dignity , and subjects liberties ; the prohibitions , writs , oppositions against them ; with the principal ecclesiastical affairs and transactions in relation to england and ireland ; from the beginning of the . to the end of the th , year of king henry the d. his reign . chap. . p. . comprizing sundry evidences out of law-books , histories , and records , manifesting this kings soveraign ecclesiastical , as well as temporal authority , over all ecclesiastical persons , courts , causes in england and ireland . the popes and his instruments intollerable extortions , oppressions , innovations , encroachments both upon the kings prerogative , and subjects liberties , properties , and their respective oppositions , complaints against them . together with our popish prelates , and ecclesiastical synods , courts illegal usurpations upon the kings temporal rights , courts , crown , dignity , and peoples priviledges ; with the several prohibitions , writs , mandates issued to restrain them : and some other ecclesiastical affairs , transactions between the king , pope , and court of rome , from the end of the th . year of king henry the d. till the expiration of his reign , anno domini . a brief , necessary introduction to an exact chronological vindication , &c. wherein the antient soveraign ecclesiastical jurisdiction claimed and exercised by our christian british , roman , saxon , danish , norman , and english kings within their dominions , is particularly stated ; the vsurped pretended vniversal monarchy and supream authority of st. peter , and popes his imaginary successors in his chair at rome , as well in ecclesiasticals as temporals ; with their claims , titles to , and grounds thereof , are concisely related , and fully refuted , subverted , even by the contradictory practises , devotions , resolutions , principles , assertions of their roman church , popes , doctors , votaries , concerning the virgin mary , and christ ; in opposition to our reformed protestant churches and religion . this second tome being brought forth to the worlds view before the first , i repute it not only convenient , but necessary , by way of introduction to the chronological and historical part thereof , to present you with a brief account of these . particulars . first , what soveraign ecclesiastical jurisdiction it is , that our christian kings and monarchs , as gods vicars , have claimed , exercised over all prelates , spiritual or other persons , causes within their kingdomes and dominions by an antient undoubted right in all ages , from their first conversion to christianity , as supream heads or governors of them next under god , upon all emergent occasions , unlesse when forcibly or fraudulently interrupted therein by popes and popish prelates : and in what particular branches it principally consists . secondly , what pretended claimes , the popes or bishops of rome of later ages have made , and still make to the supream , vniversal ecclesiastical , and likewise to the soveraign , absolute temporal jurisdiction or monarchy over all patriarchs , bishops , clergymen , emperors , kings , princes , nobles , laicks , churches , empires , kingdoms , nations throughout the world , whether christian or pagan ; and particularly over our kings , kingdomes , istes of great britain and ireland . thirdly , by what fictitious titles , deeds or conveyances , they derive and appropriate this vniversal ecclesiastical and temporal monarchy , wholly and solely to themselves and their successors in the see of rome . fourthly , that the very practises , resolutions , and established doctrines of their own popes , doctors , concerning the virgin mary , christ , and transubstantion , refute , yea totally subvert this their pretended title , right , unto this their soveraign universal monarchy . for the first of these : the soveraign ecclesiastical jurisdiction claimed , exercised by our kings , monarchs , as gods vicats , over all prelates , persons , causes within their kingdoms , and dominions in all ages , from their first conversion to christianity , as supream heads or governors of them next under god , upon all emergent occasions ▪ is a not ( as our romish antagonists would perswade their seduced proselytes ) an actual absolute authority to administer the word , sacraments of baptism & the lords supper , or confer holy orders by their own actual imposition of hands , or exercise the priests or bishops peculiar ministerial offices ; nor yet by their laws , edicts , or royal commands to abrogate , repeal , contradict , or dispense with any divine lawes , precepts , ordinances , institutions , duties , enjoyned or prescribed by god himself to his church or christians in the old or new testament ; nor to set up or countenance any idolatry , heresie , sect , false doctrine , worship , superstition , innovation , corruption , vice repugnant to the word of god ; which all true christian monarchs , kings , how great soever , have utterly disclaimed : but it b principally consists in these ensuing branches , which will best define and explain it . first , in a soveraign power by their lawes , edicts to command , enjoyn all ecclesiastical and other persons whatsoever within their dominions , to serve , worship , professe , fear , love , obey the only true god : to believe , embrace the holy scriptures , and articles of faith revealed in them ; to observe , keep , use all gods moral commandements , evangelical precepts , sacraments , institutions ; perform all religious publike and private duties prescribed to them in their respective places , callings , as christians , relating unto god , as well as to men ; and to punish all such by themselves or their subordinate ecclesiastical or civil magistrates , who shall obstinately , willfully or supinely offend in any of the premises , with ecclesiastical or civil censures , according to the quality of their persons and offences . ly . to prohibit , suppresse , and extirpate to their power all atheism , blasphemy , heresie , idolatry , paganism , irreligion , false worships , religions , errors , superstitions , sects , schisms , prophanations , crimes , tending to gods dishonor , the prejudice or scandal of the true religion , the endangering of their subjects souls , or disturbance of the churches as well as kingdoms publick peace , by laws , edicts , and suitable punishments inflicted on all who are guilty of such offences , as oportunity shall require . ly . to protect , maintain , countenance , encourage the churches , ministers , and people of god committed to their care in the faithfull publick and private discharge of their christian duties both towards god and man. ly . to provide a competent number and succession of pious , holy , learned , painfull , able bishops , ministers , pastors , diligently to preach , teach gods word , catechize , instruct both by doctrin and conversation ; pray with , for , administer the sacraments duely , and perform all other episcopal , ministerial offices to them , and all their subjects throughout their realms ; to provide competent maintenance for them : to enjoyn them diligently , faithfully to discharge their pastoral duties ; avoid all scandals , offences , exorbitances in doctrine , life : and to rebuke , correct , remove , deprive them for negligence , heresie , scisme , simony , scandalous crimes , and other offences in , or against their sacred places and functions . ly . to prescribe , institute publike standing sacred dayes , festivals , fasts for gods ordinary publike worship ; and church-meetings , extraordinary festivals , fasts , humiliations upon extraordinary emergent occasions , ( as mercies , victories , dangers , wars , pestilences or other judgements ) and see them religiously observed . ly . to erect new churches , chappels , parishes , bishopricks , archbishopricks , colleges , houses of religion ; divide , unite , or dissolve old ; to translate bishops sees from one city to another ; yea abbies , priories into bishopricks , & bishopricks into ▪ archbishopricks ; to endow them with what ecclesiastical priviledges , franchises , jurisdictions , exemptions they please : to limit the bounds of their diocesses , provinces ; exempt what peculiars , churches , free chappels , religious houses , societies they think meet from their archiepiscopal or episcopal visitations , jurisdictions , censures ; to settle their respective precedencies in all publike councils , solemnities , and determin all controversies concerning the same . ly . to elect , nominate , approve , confirm ; ( yea antiently to invest per annulum & baculum ) all archbishops , bishops , abbots , priors , and present to all ecclesiastical dignities , offices , benefices any ways belonging to their crowns by patronage , lapse , or other prerogative , upon vacancies by death , translation , simony , resignation or deprivation . to grant charters , licenses to deans , chapters , covents or other persons to elect bishops , abbots , &c. yet so as to approve , or disapprove their elections , when made and tendred to them for their approbation , upon just exceptions ; to alter the manner of such elections for special reasons : to command archbishops , bishops , & other officers by their writs to ordain , consecrate , install , admit , institute , induct them when elected , approved , or clerks presented by them , at such convenient times , places as they shall prescribe ; and to punish them for their contempts or neglects therein : to remove , translate archbishops , bishops , abbots , priors , priests , and other religious persons ; yea transfer their temporalties , revenues , glebes , tithes , reliques at their royal pleasures , from one archbishoprick , bishoprick , abbey , priory , benefice , order , church to another , upon just or necessary reasons of piety , or state polity for the publike good . ly . to seise , sequester , and enjoy to their own proper uses , the temporalties , revenues of all archbishopricks , bishopricks , and other ecclesiastical dignities , during their vacancies , with all incident profits any wayes belonging thereunto , till they in their piety , justice or prudence shall deem convenient to fill them with successors . ly . to seise , sequester , confiscate the temporalties , real , personal estates ; and indict , arraign , imprison , out-law , judge , condemn , banish , execute the persons of all archbishops , bishops , abbots , priests , or other ecclesiastical orders , for their contempts , treasons , rebellions , conspiracies , seditions , murders , felonies , or other civil crimes against their crowns and dignities , even in their temporal courts , in as ample manner as any of their lay-subjects , notwithstanding papal exemptions . ly , to demand and receive for the publike defence of the church , realm , and safety of their government , persons , both dismes , aydes , subsidies , firstfruits , and oathes of homage , fealty , allegiance and supremacy , from all their prelates , clergy ; as well as from their nobility or commonalty . ly . to summon national , provincial , parliamentary councils or synods , at such times and places as they shall deem convenient , upon all just occasions ; to compile out of the scriptures , and publish formes of creeds , confessions of faith , articles of religion , liturgies , laws , canons , for the suppression or reformation of atheism , blasphemy , heresies , schismes , false doctrines ▪ corruptions , neglects in matters of religion , doctrine , divine worship , sacraments , ceremonies , or circumstances belonging to them ; or concerning the manners , lives , good government , ordering , disposing of all ecclesiastical persons , fabricks , glebes , tithes , revenues , or other church-affairs whatsoever , and reforming of any abuses in them . to preside in their proper persons , or by such as they shall appoint , in all such councils ▪ synods ; to direct all their proceedings ; to alter , reject , approve , or ratifie by their edicts all or any of their confessions , articles , laws , canons , votes , decisions , sentences , as they shall see just cause , when presented to them for their approbations : and to remove , prorogue , or adjourn such councils , synods , & dissolve them at their royal pleasures . ly . to receive , hear and determine , by themselves , their assistants or delegates , all final appeals from , or complaints against the irregular proceedings , or unjust sentences of any ecclesiastical councils , synods , archbishops , bishops , courts , or jurisdictions whatsoever ; ( who have no more , nor other ecclesiastical jurisdiction nor conusance of any causes whatsoever , commonly stiled * spiritual or ecclesiastical , but what they by their lawes , charters , concessions under their great seals have conferred on them ; and what they derive by , from , under them , and execute in their rights , steads , names , by their authority . ) to prohibit , restrain , redresse by their prohibitions and other writs from time to time ( wherewith our records abound ) all such illegal vsurpations , encroachments of jurisdiction upon their royal prerogatives , temporal courts , jurisdictions , lawes , or the properties , rights , liberties , consciences of their subjects , by ecclesiastical constitutions , canons , visitations , courts , inquisitions , oathes , vexations , interdicts , excommunications , sequestrations , extorsions , procurations , or any other extravagances . ly . to prohibit any ecclesiastical prelates , persons , to resort to general councils beyond the seas , unless specially licensed , elected , sent , or permitted by them ; or assemble in any synods or convocations within their realms , without their summons ; or to debate , conclude any thing in them to the derogation or prejudice of their crowns or kingdoms ; or * excommunicate any of their barons , officers , tenants in capite , or any persons inhabiting within their cities , burroughs , castles , manors , antient demesnes , without their precedent privity and license , if within the realm ; or license of their lieutenants , chief justice , or the chief officers of such cities , boroughs , castles , manors , or demesnes : and command them when they or other subjects are unjustly or illegally excommunicated , to absolve , and release them too , if imprisoned upon a capias excommunicatum , * without any oath at all , or pledges ad r●manendum , upon caution or pledges given , only to stand to the judgement of the church . ly . to appoint vicegerents general , or other commissioners of their natural born subjects , by their letters patents under the great seal , to visit the ecclesiastical state , persons , and punish , correct , order and redresse by ecclesiastical censures in their rights and by their authority all heresies , errors , crimes , offences , contempts whatsoever , punishable by the ecclesiastical or spiritual lawes of their realms . ly . to nominate and appoint what archbishop or bishop should annoint , crown , or re-crown them or their queens , sons ; and at what times , places ; notwithstanding any pretences of custom , or prescription to the contrary . ly . to license archbishops , bishops , clergy-men to make wills , devise goods , legacies ; or to hold other ecclesiastical promotions , benefices , ( by way of commenda ) with their bishopricks ; and exempt clerks employed in their special service from residing on their benefices during such imployments and their royal pleasures ; without episcopal coertion or censure for non-residence● : to deraign or enable monkes , nuns , and other religious persons , to purchase lands , or take farms , or sue , elect , marry , upon special occasions . ly . to prohibit the alienation of lands from , by , or in mortmain , unto any ecclesiastical or religious persons , houses ; or the appropriation of any benefices to them , without their special license ; or the ordination of the sonnes of villains by ordinaries to be priests , deacons ; or the admission of them , or any infants to be monks or nunnes , by abbots , priors , abbesses , without their lords or parents previous assents . ly . to admit , install , induct clerks into prebendaries and other benefices , and collect subsidies granted by the clergy , by lay hands , or other persons particularly authorized by their patents for that purpose , when ordinaries , archdeacons , prebends , or other ecclesiastical officers neglect , or refuse to do their duties therein . ly . to denounce anathemaes , execrations , and excommunications by their own royal charters , as likewise with and by their bishops , against all infringers or violators of their charters , and the donations , priviledges , granted in or by them to monasteries , religious houses , or to the generality of their subjects , by the great charters of the liberties of england , and the forest , and by other publike or private charters ; and to command their bishops to excommunicate all such as should take up arms against , or deprive them of their just rights . ly . to prohibit all their archbishops , bishops , clergy , subjects to own , acknowledge , or receive any person for pope , ( especially in cases of schismes and pluralities of elected popes ) but such as themselves should first receive , admit , and proclaim to be a lawful pope , upon due examination of the legality of their electors , claims in councils or synods specially summoned by them for that purpose . to disown them , their papal authority , legates , bulls , when and whiles they oppugned , disowned their just regal jurisdictions , rights , lawes , or requests : and to set up new popes in opposition against them upon just occasions . ly . to prohibit all appeals to popes or the court of rome : all resort of any of their archbishops , bishops , abbots , priors , or other ecclesiastical persons to the popes presence , court of rome , councils upon summons or otherwise , without their special license first obtained , under pain of high treason , banishment , confiscation of their estates , and other penalties : nor yet during papal schismes or vacancies of popes , to seek for any confirmations , dispensations , or faculties from rome , but only from their own metropolitans . ly . to permit no popes legate à latere , nuncio , or agent to come into their dominions , unlesse by their special previous request , or license ; nor yet to enter , land in , nor passe through their realms to scotland , ireland , or other places , without first taking a special oath , or giving caution , to bring , receive , act or do nothing in their going , staying , or returning , to the kings or kingdoms prejudice , nor against the rights or prerogatives of the crown . ly . to prohibit any bulls , letters , messengers , to be sent out of , to , or brought from popes , or the court , agents of rome , into their realms or dominions , ( especially in times of jealousie , discord or variance between our kings and popes , bishops ) under pain of imprisonment and other mulcts ; and command all officers of the cinque-ports and other havens , diligently to search after and seise such bulls , letters , and the importers or exporters of them , with care and diligence . ly . to prohibit their papal laws , canons , decretals to be read , used , taught , professed or executed in their realms , and order their books to be torn , burnt ; the professors of their canon lawes to be silenced , as inconsistent with , repugnant to the lawes , customes , peace , profit of the realm ; the rights , prerogatives of their crowns ; and oppressive , vexatious to their subjects . to order all canons made by their own bishops , convocations , without or against their royal assents and their nobles in parliament , or in derogation of their lawes , crowns , rights , or subjects liberties , to be nulled , revoked , suppressed . ly . to prohibit under paines of praemunire , and other severe punishments , all papal provisions , or donations of bishopricks , ecclesiastical livings , dignities or preferments ; all collections of annates , firstfruits , peter-pence , croysadoes , procurations , dismes , tenths , and other extortions by popes and their agents ; to banish their legates , nuncioes , italian or other merchants , usurers , brokers , and other instruments of rapine , oppression , extortion ; with their forreign beneficed clergymen , ( who devoured , transported the wealth , disclosed the secrets of their realms , but starved the souls of their subjects , ) out of their dominions ; yea popes themselves , with their whole papal usurped jurisdiction , errors , superstitions , innovations , repugnant to christs institutions , and the sacred scriptures . in these respective heads , and some other particulars of lesse moment , which may be reduced under them , the soveraign antient ecclesiastical jurisdiction claimed and exercised by our kings from time to time , doth principally consist , as our histories and records attest beyond contradiction . which ( though sometimes hindred , interrupted by the unchristian interdicts , excommunications , and antimonarchical practises of insolent tyrannical domineering popes ; seconded with the execrable treasons , conspiracies , rebellions of their own prelates , subjects , or forreign potent enemies excited by and confederating with these roman pontifs ) they still claimed and retrived at last . for the d. the popes of rome , ( as st. peters pretended successors in his wooden chair reserved at rome ( for which pope a paul the th . anno . instituted an annual solemn festival to be celebrated by all the catholick church , on jan. . and to which the popes pretended supremacy and infallibility are annexed ) and as christs vniversal vicars , successors , in his regal and sacerdotal soveraign power over all powers , creatures , both in heaven , earth , and under the earth ; ) do challenge to themselves , a general soveraign monarchical jurisdiction , as well in temporal , as spiritual and ecclesiastical things , over all churches , empires , kingdoms , nations , bishops , clergymen of what degree soever , and all emperors , kings , princes , potentates , persons throughout the world , as well pagan as christian ; not only to feed and instruct them , as their universal pastors , but likewise to root out , pull , or throw down , destroy , plant , build up , remove , depose , rule , correct them with ecclesiastical and temporal censures , b and to dispose of , transferr , their dominions , crowns , scepters , bishopricks , benefices , as they shall seem meet , and give them to whomsoever they please ; yea their usurped power is so absolute , that to use their own words , instances in some , not all particulars ; c papa de plenitudine potestatis , potest declarare , limitare , et dispensare , contra ius divinum , et contra apostolum ; potest tol●ere jus positivum sine causa . d est super omnia concilia , quae interpretatur , tollit , corrigit et alterat . potest omnes res ecclesiae alienare , etiam si jurasset non alienate , quia sibi non potest imponere legem etiam jurejurando . potest ultimas voluntates moriemium alterare et commutare , and that sine causa , ( against gods and all other mens resolutions , gal. . . ) in brief , e papa est iudex ordinarius omnium hominum totius mundi , et potest citate et judicare quemlibet ubicunque existentem . papa omnia potest de plenitudine potestatis quam solus habet , caeterorum principum nullus ; yea ejus sententiae est standum , etiamsi contradiceret ecclesiae : for papa solus potest sententiam definitivam proferre in episcopos totius orbis : yet he alone is so supertranscendently paramount all other persons whatsoever , that f papa nec de , nec pro ullo crimine deponi , judicari , redargui , vel accusari , potest etiamsi esset incorrigibilis , et perseveret in peccato notorio , vel turbaret statum vniversalis ecclesiae , quoniam superiori caret coram quo posset accusari , et ex quo non potest ab alio judicari , frustra esset denunciatio et admonitio ; none being obliged so much as to admonish him privatly for the most notorious scandalous crimes , but only those grandees qui circa ejus latus sunt , sed reverenter , non per modum correctionis , sed per reverentiam charitatis : yea , if h cardinal bellarmine may be credited , si papa erraret praecipiendo viti● , et prohibendo virtutes ( as some popes have done ) tenetur ecclesia credere vitia esse bona , et virtutes malas , nisi vellet contra conscientiam peccare , nec de hac re dubitare , sed simpliciter obedire : or , if he should send innumerable souls to hell ( by illegal excommunications , or such impious commands , his evil example , or absolute will ) yet , nemo potest illi dicere , domine cur ita facis ▪ and this must be believed , * de necessitate salutis , under pain of heresie and damnation . i shall instance in more considerable branches of the popes monarchical power , insisted on by dr. marta and others quoted by him , to wit , i papa potest excommunicare et privare omnes reges et principes sua dignitate , et absolvere eorum subditos a sacramento , ne eis fidelitatem observent , recusantes stare capitulationi pacis , of popes prescribing : et potest regna , civitates , vel castra interdicere , vel auferre uni et dare alteri , pro bono pacis : et propter pacem publicam , potest remittere omnia damna et injurias subditorum . * appellandum est ad papam ex transmarinis ecclesiis , ab episcopis totius drbis , a conciliis , ab imperatore et regibus , et ab omnibus potestatibus , et eorum sententia ad papam : sed non a sententia papae ad imperatorem , vel concilium est appellandum . l statutum vel privilegium a papa concessum , nullo modo potest prohibere , ne habe atur recursus vel appellatio ad papam , quia pontifex summus est iudex drdinarius omnium hominum totius mundi , et ecclesia romana est refugium omnium oppressorum . sed a iudicibus laicis appellatur ad papam , quando injustitia imperatoris vel regis , aut aliorum principum non recognoscentium superiorem , est notoria . non solum ratione peccati commissi propter notoriam injustitiam , vel quia ejus causa potest turbari pax universalis sed etiam ratione propriae temporalis iurisdictionis quam summus pontifex habet in universo . ; yea , m leges principum secularium etiam ad publicam utilitatem et necessitatem conditae , nullo modo ligant ecclesiasticos , nisi fuerint a pontifice confirmatae . clerici et ecclesiae , etiam volentes et cum episcopi auctoritate , non tenentur ad onera publica , vel subsidia , vel annona , vel tributa , nisi consulto et approbante romano pontifice : that the pope ( and bishop too ) may repeal , null all laws of emperors , kings , kingdoms , against the priviledges , canons , constitutions of the church or clergy ; et quod possit praecipere laicis , ut cassent hujusmodi statuta de libro statutorum , alias submittere locum interdicto . yea bishops , clergy mens persons , lands , estates , goods , are so wholly exempt fró any secular jurisdiction by the laws of god ( as they stile their canons ) & the church , that n nullus clericus etiam in flagranti crimine repertus , vel de fuga suspectus , potest ullo modo capi , vel prehendi per laicus , vel laicos principes aut judices . yea such is their malice to christian emperors , kings , princes , and temporal judges , ( to whom they will allow no jurisdiction at all in or over ecclesiastical persons or things ) that they resolve , o quod ipse papa ( by all his omni potent boundless soveraign papal power , which they attribute to him ) non potest concedere alicui principi iurisdictionem judicandi in ecclesiasticos , nec totum ordinem clericalem , nec causas clericorum submittere iurisdictioni laicorum : because forsooth , clerici sunt majores laicis , etiam principibus , et exempti a deo de iurisdictione imperatoris et principum , et ad dei solius judicium reservantur . item , quia reputantur privati , respectu iurisdictionis clericorum , cum nullam in eos exercere possunt . ergo non possunt principes urgere consuetudines , vel privilegia acquirere iurisdictionem in clericos . propter quam rationem ita decisum est pluries in rota romana ( ut decis . . de consuetudine in antiquioribus ; & decis . . eodem tit. in antiquis ) ubi consuetudo anglicana ( in the controversie between king henry the . and becket archbishop of canterbury ) quod rex habeat iurisdictionem cognoscendi in clericos , non valet : et hanc opinionem tenet innocentius in c. postulasti de foro compet . archid. in c. . n . glossa eodem , tit . l. . richus de curte , in tract . de consuetudine , sect . . nu . . rebu●●us , super concordat is franciae , in tit . de protectione concordatorum , col . vers . fin . tertio infertur , stephan . aufrer . in addit . ad capit. thol . dec●s . . and which is yet farr more , popes and popish canonists assert , statutum puniens concubinas clericorum ( made by christian kings or emperors ) non valere : et , iudices seculares nullo modo posse animadvertere in concubinas clericorum , nisi in subsidium , implorati prius pro brachio ab ecclesiasticis ; quia concubinae clericorum , etiam respectu concubinatus sunt de foro ecclesiastico , et nullo modo illarum animadversio respectu dicti concubinatus pertinet ad iudices laicos : quia ratione adjuncti , concubinatu patrato per clericum , concubina efficitur de foro ecclesiae , et ad ecclesiasticum judicem est remittenda : quia concubinae clericorum dicuntur deorum familia , et idem privilegium habet * familia quod dominus . nec possunt principes aut iudices laici punire concubinas clericorum ob negligentiam iudicis ecclesiastici , quia hoc non est jure canonico dispositum , et regula incurtendae excommunicationis ( which they must incurr by punishing them , even in case of their wilful neglect ) est in contrarium . for which dr. marta cites antoninus de prato , vbertinus de carreggio , stephanus aufrerus , bossius , ioannes de arnono , alciatus , menochus , socinus , sapia , andreas s●culus , socinus iunior , bartolus , parisius , panormitanus , goffredus , ferrarius , beomond ( in tractatu de concubinis ) riminaldus senior , riminaldus junior , follerius , and the bull of pope leo the . de publicis concubinis , resolving , cognitio istius criminis clericorum & eorum concubinarum pertinet ad solos ecclesiae praelatos et pontifex ; leo prohibet per haec verba secularibus , ne se intromittant circa hujusmodi animadversionem ; praeterea inhibemus omnibus secularibus viris , etiam si regall praefulgeant dignitate , ne ullum qualecumque inferant impedimentum , quocunque quaesito colore , praelatis , qui ratione officii sui , adversus subditos suos pro hujusmodi concubinatu , et aliis causis , sibi a jure ( canonico ) permissis , procedant ; ( by punishing them by their lav judicatures ) nulla ergo voluntas christianissimi regis praesumi potest in ferendo legem , in animadvertendis clericorum concubinis , quod cum jure canonico , tam specialiter per ipsum pontificem inhibitum fuerat . statutum itaque , de puniendis concubinis clericorum per iudices seculares nullo modo valere potest , ( though convicted thereof , per sententiam , aut confessionem in jure factam , seu per rei evidentiam , quae nulla potest tergiversatione celari ) quia est contra libertatem ecclesiae . prima ratio est , quia cum haec cognitio ( as well as sornicatio ) pertineat ad ecclesiam , hoc statutum esset de directo contra ecclesiae iurisdictionem , et ita libertatem illius infringeret it a in terminis hujus statuti probat ; felynus in ecclesia sanctae mariae , n. . de constit . secunda ratio est valde notabilis petri de ancharan in cons . . n. . quia per hoc statutum detegerentur crimina clericorum , et * infamarentur saltem de facto , et in mentibus fidelium scandalum generaretur , as iacobus bertochinus , iason , rebuffus , io. de anania and felynus ( in their texts there cited ) conclude ; et consuetudo et statutum emanans ad opprobrium cleri ( as they stile it , though in truth for their honor and reformation , springing meerly from the piety and justice of every christian emperor , king , state , to punish the incontinency , adultery , whores , concubines of any priests , prelates , though popes and bishops connive at , or neglect to punish them ) non tenet : as pope leo and all the forecited popish doctors , ( or rather panders for the romish leacherous clergy ) magisterially resolve : and that with this further addition , in derogation of the temporal as well as ecclesiastical jurisdiction of all christian emperors and kings ; b laici non possunt corrigere jus canonicum , nec derogare juri canonico , in this or any other particular : laicusfactus clericus post delictum , non est amplius de jurisdictione seculari , sed est de foro ecclesiae , eriam de delicto ante commisso : ( be it murder , theft , or any other civil crime , as well as whoredome , adultery , or sodomy : ) et factus clericus post judicium inchoatum coram judice laico , non tenetur comparere coram eo , nec potest amplius a judice laico multari vel judicari . after all which they superadde ; c laici non possunt facere testimonium contra clericos in causa criminali , quia laici sunt suspecti , infesti et odiosi clericis . and all this by the popes , bishops , clergies transcendent soveraign jurisdiction , who by their canons and constitutions may null and controle all kings , princes penal laws , against their crimes , vices , persons , estates , or pretended priviledges ; eclipse , restrain , suspend , abrogate their regal ecclesiastical and secular jurisdictions , and render them meer cyphers at their pleasures ; resolving further by their canons ; d laici sunt omnino incapaces jurisdictionis ecclesiasticae , nec longa consuetudine , nec temporis cujuscunque decursu , nec praescriptionibus etiam immemorabilibus , neque ex scientia et tolerantia summi pontificis , sive consensu tacito , aut privilegio , jurisdictio in ecclesiasticos , vel eorum bona acquiretur , quae principibus prodesse non possunt . statuta laicorum non sunt servanda in curia episcopi , nec ligant ecclesiasticos , nisi fuerint expresse approbata per papam : no though , edita in patrocinium clericorum , si statuta sint per modum legis . and yet not only bishops , priests , but all emperors , kings , and secular judges must rigorously observe and obey all their antimonarchical canons , laws ; e imo in foro seculari , et ibi causae juramenti , et similes decidendae sunt secundum jus canonicum . these with sundry other antimonarchical particulars you may read asserted at large in franciscus bozzius eugubinus , de temporali ecclesiae monarchia , lib. . printed coloniae agrip. . dedicated to pope clement the . in thomas bozius , de temporali ecclesiae monarchia , coloniae . jacobus almayn , de temporali potestate & ecclesiastica , parisiis . josephus stephanus , de potestate coactiva romanae pontificis , romae . & de adoratione pedum summi pontificis , romae . alvarus pelagius , de planctu ecclesiae , l. . artic. , to artic. . venetiis . augustinus triumphus , de potestate ecclesiae ; robertus bellarminus cardinalis , de romano pontifice ; de potestate papae in temporalibus , adversus barclaium , coloniae . responsio , & apologia pro responsione sua ad lib. jacobi magnae britanniae regis ; & apolog. pro jurament . fidelitatis , coloniae . alexander carerius , de potestate romanae pontificis , coloniae . in sundry popes , cardinals , popish schoolmen , doctors , canonists cited by them ; and to name no more , by dr. marta , a neapolitan lawyer and advocate in the court of rome , tractatus de jurisdictione , per & inter judicem ecclesiasticum & secularem exercenda , moguntiae . & genevae . dedicated by him , sanctissimo & beatissimo patri & domino nostrò paulo quinto , pontifici optimo maximo ; to whom he renders this reason of its dedication to him , in his epistle . et sane cuinam potius tot lustrorum iurisdictionis lucubrationes debentur , quam tibi , qui et vicarius dei in terris , et e quo emanat omnis iurisdictio , unicus in orbe pontifex , imperator et rex , omnium principum superior , rerumque et personarum supremus et dominus ; as he endeavours to evidence him , his predecessors , and successors , especially in the first and last part of this his folio treatise . hear only f radulphus cupers his assertion of the popes transcendent universal monarchy ; papa non solum regibus et caesaribus , sed omnibus sub coelo et supra coelum potestatibus exaltatur . and this passage in the oration of g stephanus patracensis archiepiscopus , maii . to and before pope leo the th . and the council of lateran in rome ; ipse magnus constantinus à divina gratia afflatus desuper , cognita aeternitate regis gloriae & potestate in regno suae ecclesiae , et se possessorem malae fidei in mundi principatum post resurrectionem illius ex mortuis advertens , sceptrum imperii orbis et vrbis , ac monarchiam vniversi , vero ac proprio domino , et omnium creatori victori deo , et homini in sede sua romana sylvestro pontifici maximo , in jure primario et naturali christi aeterni sacerdotis , secundum ordinem benedicti patris plene cessit , et christum regem magnum in suo vicario per obedientiam adoravit , ( the forgery and falsity whereof sundry others and my self have * elsewhere refuted ) aliamque sedem jussu illius et concessione apostolica quaesivit , et sub obedientia sedis apostalicae in byzantio erexit . after which he subjoyns ; quapropter bernardus , ad eugenium , tanquam ad summuni hierarchicum in coelo ecclesiae virum , in quo erat omnis potestas super omnes potestates tam coeli quam terrae , recte scripserat , tibi data est omnis potestas , in qua qui totum dicit , nihil excludit . thus have you heard the altitude , universality , and extent of this their papal supertranscendent power in general . what particular claimes , titles , popes and their advocates for them , have made to the city and empire of rome , germany , the isles and dominions of sardinia , corsica , canaries , nigraria , and all other islands whither the light of the gospel hath been diffused ; the indies and new world , the dukedome of loraign , switzerland , the respective kingdoms of aragon , bohemia , castel , croatia , dalmatia , denmarke , france , granada , hungary , jerusalem , italy , lyons , m●j●rca , minorca , naples , navarre , poland , portugal , russia , sicily , spain , transylvania , vallachia , and particularly to our kingdoms of england , ireland , and scotland , you may read at leisure in dr. marta , de jurisdictione , pars . cap. . gregorius papa . lib. . epist . , , . augustinus steuchus , de donatione constantini , p. , &c. carerius , l. . cap. . polydor virgil hist . l. . baronius annal. anno . nu . , &c. anno . nu . , . henricus spondanus , epitom . annal. baronii , an. . nu . . . nu . . . nu . . . nu . . . nu . . . nu . . in matthew paris , matthew westminster , and walsingham , an. , , , , . and dr. richard crakenthorp of the popes temporal monarchy , cap. . for the third particular , by what fictitious and perverted sacred charters popes claim this their transcendent power and universal monarchy , the premised authors will informe you , and i have * elsewhere at large related . the texts they principally insist on are gen. . . jer. . . psal . . . psal . . . isa . . , . psal . . . psal . . , , . dan. . . c. . , . c. . . c. . , . mich. . . ephes . . , . luke . . mat. . , , . john . , , . all which the premised popish authors and others blasphemously or absurdly apply and appropriate to st. peter and themselves , as pretended successors to christ , in his kingly and priestly soveraign power . i shall only mention and insist on two texts more , as properest for their purpose . the first is mat. . , , . where our saviour christ , immediately before his ascention into heaven , after his triumphant resurrection from the dead , spake thus to his eleven disciples joyntly , ( not to peter alone ) saying , all power is given unto me , both in heaven and in earth : go ye therefore and teach all nations , &c. and lo i am with you alwayes , unto the end of the world . whence they thus * inferre by head and shoulders ; ergo all this power in heaven and earth then given to christ , was immediately at his corporal ascension into heaven , transferred to , appropriated by him wholly and solely to st. peter , and his successors at rome , ( not antioch his first see ) as christs immediate successors or vicars in his regal and sacerdotal soveraignty . for answer hereunto , i would here seriously demand of any ingenious papist , or religious votary to the see of rome , whether there be one syllable , or the least implication in this text , . that this soveraign power was then given to our saviour , only on purpose to delegate the immediate right or exercise of it both in heaven and earth , to any other person or persons ? or ly , that it was transferred wholly and solely to st. peter , but not to the rest of the disciples , to whom christ then joyntly spake these words , and as much to any other of them as to peter ; with this superadded precept and promise , inferred and deduced from this his power ; go ye ( in the plural number , not thou peter , or peter only ) therefore into all the world , &c. and lo i am with you ( all , not with peter alone , and his roman successors ) alwayes , even unto the end of the world . or ly , what shadow of evidence can they produce , that st. peter ever claimed or exercised such a soveraign power , as then delegated to him by christ ; which himself professedly several times disclaimed , both in words , deeds , and writing , as acts . , , . ch . . , . ch . . , . ch . . . ch . . , , . ch . . , to . pet. . , , , , . ch . . , to . pet. . , . ch . . , . directly and infallibly assure us , against this pontifical whimsey . or ly . what irrefragable proof , that st. peter ever sate an actual or sole bishop of rome , or fixed his soveraign episcopal chair or see for ever in it ? which the sacred and evangelical story seems to a contradict . or ly . that ever christ himself , or st. peter , transferred or perpetually appropriated this soveraign universal kingly and priestly power , to any or every the bishops of rome that should succeed him in that see , ( in case he ever sate there ) to the end of the world , though an heretick , schismatick , adulterer , sodomite , nicromancer , symoniack , childe , tyrant , or the most ambitious , avaritions , vitious , flagitious , luxurious , impious , atheistical prelate ever breathing in the world , as many of them have been , or a notorious strumpet , ( as pope jone ) as their b own & other historians attest ; to omit the frequent plurality of popes at once , condemning , excommunicating , murdering , degrading one another , as antichristian and uncanonical . till all these with other particulars be fully demonstrated by scripture , or other irrefragable authorities , not by their own testimonies in their own cases , this text ( to which themselves entitle the virgin mary , as queen , empresse of heaven and earth ) will no more evince st. peters or the popes vniversal monarchy , then those premised . their second claim and c title to it , is phil. . , , . wherefore god hath highly exalted him , ( christ jesus , not peter ) and given him ( not peter or his roman successors ) a name above every name ; that in the name of jesus ( not peter or the pope of rome ) every knee should bow , of things in heaven , and things in earth , and things under the earth : and that every tongue should confesse that jesus christ ( not peter , not the pope ) is lord , to the glory of god the father , ( not of st. peter or his successors at rome . ) but how this text ( which they likewise alledge for the virgin maries universal monarchy ) can with any colour of truth , or without highest blasphemy , injury to christ , be applyed , appropriated by popes and their parasites to mary , or to peter and themselves , as christs vicars upon earth , let all who have judgement or conscience discern : since st. paul the apostle hath appropriated it to jesus christ alone , d as highly exalted to , and sitting down on his fathers throne , at the right hand of his majesty , in the highest heavens , as his words expresly resolve ; and it is altogether incommunicable to st. peter , much more to popes , as every syllable in the text , context , and the illative wherefore , infallibly demonstrates . they must therefore for ever disclaim any colour , right or title to this their universal soveraign monarchy , or any other mis-alledged texts , which i have e elsewhere answered at large , and shall not here insist on . the original basis , ground-work , reason of st. peters and the popes vniversal monarchy , in temporals and spirituals , is thus laid down by f dr. marta and other pontificians : duo tempora considerantur in christo . alterum ante passionem ; & tunc propter humilitatem judicare recusavit . nam lucae c. . dixit , quis me constituit divisorem inter vos ? & joan. c. . regnum meum non est de hoc mundo . alterum verò post resurrectionem , & tunc dixit ; data est mihi omnis potestas in coelo & in terra : mat. ult . & joan. ult . sed post resurrectionem dedit potestatem petro , eumque constituit vicarium suum : ( transferring all this his soveraign power both in heaven and earth , to him and the pope of rome . ) ergo ex potestate domini , metimur potestatem vicarii . et pontifex romanus similem habet potestatem divinorum , & jurisdictionem in temporalibus & spiritualibus , quam habuit christus dominus noster , ut perfectus homo : et ex ordinatione divina constitutus est super gentibus & regnis , & habet utramque potestatem de & per se , & potest jurisdictionem temporalium temporaliter , non autem directivè tantum exercere . so as by their determinations , st. peter and roman popes had neither any temporal soveraign regal or pontifical universal power over all kingdoms , nations , churches , monarchs , bishops in the world before , but only from and after christs resurrection and ascension into heaven , when he both received all power in heaven and earth formerly promised , and then given him by his father , and immediately transmitted the right and exercise thereof to st. peter , and popes succeeding him at rome , ( not antioch his first see ) as his sole successors and vicars , to manage both his kingly and priestly offices on earth , during his personal absence from his church , by reason of his corporal residence at his fathers right hand in heaven , untill his second coming to judgement ; he having no need of a vicar general , or successor to represent his person , or supply his corporal absence from his church , and exercise his kingly or priestly offices whiles bodily present upon earth , and therefore instituted none till he ascended into heaven . so as christs corporal absence from the earth , upon his departure to heaven in his humane nature , and bodily presence ; and the necessity and conveniency ( as they hold ) of one vniversal vicar and viceroy , to supply his bodily absence , and succeed him in the execution of these his offices in the church militant throughout the world , are the sole reason , ground , foundation of st. peters and the popes pretended temporal and ecclesiastical monarchy . and if this basis thereof be once subverted , the whole superstructure must presently fall to the ground , and come to ruine . i shall therefore in the th . place addresse my self to undermine this foundation , with all convenient brevity : . by expresse scriptures . ly . by the resolutions , canons , decretals , doctrines , practices of the church , councils , popes , cardinals , schoolmen , casuists , canonists , civilians of the church of rome , in opposition to those of the protestant religion , relating to the virgin maries monarchy , and christs corporal presence still on earth , which utterly subvert st. peters and popes pretended regal and pontifical supremacy depending on it . the scriptures i shall cite are these . the first is , ephes . . , , . when he ( to wit christ ) ascended up on high , ( to heaven ) he led captivity captive , and gave gifts unto men . and he gave some ( not peter alone ) to be apostles , and some prophets , and some evangelists , and some pastors , and teachers ; for the perfecting of the saints , for the work of the ministry , and for the edifying of the body of christ : compared with cor. . , . and god hath set some ( not one ) in the church ; first apostles , ( not peter to be first or sole apostle ) secondly prophets , thirdly teachers , after that miracles , then gifts of healing , helps , governments , ( not peter to be sole or supreme governour ) diversity of tongues . are all apostles ? are all prophets ? are all teachers ? are all workers of miracles ? have all the gifts of healing ? do all speak with tongues ? do all interpret ? here st. paul by the spirit of god , enumerates what ever gifts christ at his ascension into heaven bestowed on his apostles , church , or men in general . in which texts it is observable ; first , that there is not one syllable of any peculiar gift , much lesse of all his regal and sacerdotal power in heaven and earth , then bestowed on peter or any of his successors , as his sole universal vicars or successors in both ; which being a matter of so grand moment to his church , as popes and pontificians deem it , would certainly have been specified , and not pretermitted by st. paul ; yea by all the four evangelists , the penmen of the acts of the apostles , and by st. peter himself in his large oration to the apostles , in his first sermon to the jews and strangers at jerusalem , immediately after christs ascension , act. ch . . & . & . & . in his sermon to cornelius act. . and in both his own epistles generall , wherein there is not the least mention or intimation of any such gift or power bestowed on him by christ , but * the contrary . ly . that the first gift he then bestowed on men , was apostles , or apostleships ; not worldly empires , kingdoms , nations , crowns , scepters , principalities , dominions ; and that upon all the eleven apostles , not st. peter alone , in the self-same equality and degree , at the very time of christs ascension , and immediately after on matthias , chosen in the place of judas ; as is undeniable by christs giving all the apostles the self-same apostolical mission and commission , when he declared to them , that all power was given unto him both in heaven and in earth , mat. . , , , . by st. peters and the other apostles own resolutions , acts . ▪ to the end ; especially vers . , , , . act. . , . c. . , , . pet. . . c. . . pet. . , . c. . , . gal. . , , , . and by the holy ghosts descending equally on them all in cloven tongues , and giving them all equally the gifts of tongues , within few dayes after christs ascention , acts . , to . ly . that both the commission , and all gifts christ gave to the apostles joyntly , or to others at his ascention , were only ministerial , not imperial , judicial , or magistratical ; to wit , * for the perfecting of the saints , for the work of the ministry , for the edifying of the body of christ ; not to be soveraign vniversal monarchs over all empires , kingdoms , nations , churches of the world ; to root out , pull or throw down , destroy , build , plant them at their pleasure , or to exercise soveraign dominion over the lords churches , heritage , or other christians faith ; expresly prohibited them by christ , and disclaimed both by st. paul and peter , mat. . , . luke . , . pet. . , . c. . , , , . cor. . . rom. . , to . tit. . . the second sort of texts are , acts . , , . where st. peter himself in his first sermon to the jews and gentiles at the feast of pentecost , soon after christs ascension into heaven , asserts and proclaims with the highest confidence that can be , both to all jews and gentiles , that christ did not transferre his soveraign power which god conferred on him , after his triumphant resurrection , unto him , or his successors at rome , but reserved it entirely in and to himself , till the end of the world ; in these observable expressions . for david himself saith of christ ( in reference to his ascending into heaven ) * the lord said unto my lord , sit thou at my right hand , untill i make thine enemies thy footstool : therefore let all the house of israel know assuredly , that god hath made the same jesus whom ye have crucified , both lord and christ . which he thus seconded , both before the councel and high priest of the jews , acts . , . him hath god exalted with his right hand , to be a prince and a saviour , for to give repentance to israel , and forgivenesse of sins ; and we are witnesses of these things . and in his sermon to cornelius , acts . . he addes ; he ( not i ) is lord of all . which st. paul ( whom he stiles , our beloved brother and fellow apostle , and whose epistles he voucheth as concurring with his own , pet. , , . ) thus amplifies , cor. . , , . for christ must reign till he hath put all his enemies under his feet ; the last enemy that shall be destroyed , is death : then cometh the end , when he shall deliver up the kingdom to god , even the father , when he shall have put down all rule , and all authority and power : compared with ephes . . , , . col. . , , . phil. . , , . tim. . , , . and st. john thus thirds , rev. . , , . and there were great voices in heaven , saying , the kingdoms of the world are become the kingdoms of the lord , and of his christ , and he ( not st. peter , or the pope his pretended successor ) shall reign for ever and ever . and the twenty four elders fell upon their faces and worshipped god ; saying , we give thee thanks , o lord god almighty , which art , wast , and art to come because thou hast taken to thee ; ( not delegated to the pope , or st. peter ) thy great power , and hast reigned . and rev. . . i heard as the voyce of a great multitude , and as of mighty thunderings , saying , allelujah , for the lord god omnipotent ( not pope ) reigneth . moreover , david in relation to the kingdom & kingship of christ , after his resurrection and ascension , assures us , psal . . . the lord sitteth king for ever psal . . . . the lord reigneth , let the earth rejoyce , let the multitude of isles be glad thereof . yea dan. . . c. . , . c. . . c. . , . luke . . it was prophesied and predicted of christ , that his kingdom shall never be destroyed ; that his kingdom is an everlasting kingdom , and his dominion an everlasting dominion , from generation to generation , ( without any inter-regnum or succession ) and shall be even unto the end , and shall not passe away , ( or be transferred ) and shall not be left to other people , ( therefore not to st. peter , or roman pontiffs of several nations ) and all dominions shall serve and obey him , ( not st. peter or popes : ) compared with mich. . . and the lord ( not popes ) shall reign over them for ever . isa . . , . luke . , . and the lord god shall give him the throne of his father david , and the government shall be upon his shoulders , and he shall reign over the house of jacob for ever , and of his kingdom , and of the encrease of his government there shall be no end . therefore by the concurrent verdicts of st. peter himself , backed by st. paul , st. john , and all these sacred texts , it is infallible , that christ neither at his ascension , nor at any time else , ever transferred the right , exercise , dominion of his kingdom , church , or government thereof , much lesse of all kingdoms , nations , monarchs in the world , to st. peter or his roman successors , but intirely reserved it to himself , as personal and untransferrable to any other . and so they must bid farewell for ever to st. peters pretended universal monarchy and patrimony , as christs successors or vicars , by the testimony of all these sacred texts , whereon they would gladly found and establish it . the third texts are such as destroy both st. peters and all popes titles to christs universal high priesthood , or shepherdship over the catholick church , as the precedent do their kingship . the first is st. peters own expression , pet. . , , . feed the flock of god which is amongst you ; neither as being lords over gods heritage , but being ensamples to the flock : and when the chief shepherd ( christ ) shall appear ; ( therefore christ , not he , was then chief pastor of the sheep ) you shall receive a crown of glory that fadeth not away . the next is that of st. paul , hebr. . . our lord iesus christ brought again from the dead , is the great shepherd of the sheep ▪ to whom be glory for ever and ever , amen ; compared with hebr. . . to the end , ch . , . , to . and psal . . . the lord sware and will not repent , ( in relation to jesus christ and his priesthood ) thou art a priest for ever after the order of melchizedech : and they truly were many priests , because they were not suffered to continue by reason of death ; but this man , because he continueth ever , hath an unchangable ( or untransferrable ) priesthood , ( that passeth not to another by succession or delegation ; therefore not to st. peter , or any other roman pontiff ) wherefore he is able to save to the uttermost , all that come unto god by him , ( not by peter , mary , or the pope ) seeing he ever liveth to make intercession for them . for such an high priest became us who is holy , harmlesse , undefiled , separate from sinners , and made higher then the heavens , ( are any roman pontiffs so qualified ? ) and who needed not daily , ( as these priests did , and all popes and masse-priests too ) to offer up sacrifice for their own sinnes , and then for the peoples ; for this he did * once , when he offered up himself , and is consecrated for evermore : for by his own blood he entred in once into the holy place , having obtained eternal redemption for us : after he had offered one sacrifice for ever , he sate down at the right hand of god ; from henceforth expecting till his enemies be made his footstool ; for by one offering he hath perfected for ever those that are sanctified : and having him an high priest over the house of god ( not st. peter , nor his successors ) let us draw near with a pure heart in full assurance of faith . popes therefore and their seduced pontificians , must now bid adieu to their antichristian titles of pontifex optimus maximus ; pontifex summus , sanctissimus , episcopus vniversalis , oecumenicus , pastor summus , pastor pastorum ; and to their vicarship , and succession in christs vniversal high priesthood , as well as to his kingship , unlesse they will renounce all these canonical scriptures , vnking , vnpriest our saviour christ , and usurp both his royal throne and chair , upon christs pretended donation of them to st. peter at his ascention ; ( who never heard of , claimed , but professedly disavowed any such gift ; and all popes of rome too for some hundreds of years : ) of no greater credit or validity then their forged donation of all ecclesiastical and temporal soveraignty and dominion from * constantine the great , which refute and destroy each other . now because the sacred scriptures are of little or no authority in the church of rome , but as they are glossed , interpreted from time to time by popes themselves in their own causes , for their own advantage , i shall in the next place , subvert the foundation of their pretended , universal monarchy , by their own established , romish devotions , practises , doctrines , directly or consequentially contradicting , overturning each other by a divine infatuation : i shall reduce them to these two general heads . . such practises , devotions , doctrines of the roman church and its members , as directly invalid , diminish , subvert the soveraign universal , kingly , or priestly offices of christ himself ; and by consequence st. peters and the popes , which they derive from him . ly . such as subvert the popes alone . to begin with their practises and devotions , as they deem them ; the romanists ( as you heard before ) acknowledge , that our saviour christ , as god and man , did not receive the actuall possession or exercise of his universal kingly power in earth or heaven , ( especially in temporals ) till after his resurrection , and his ascention in his humane body and nature into heaven , to the throne of his majesty ; not whiles he was a sucking babe in his mothers arms , or hanging nayled on his crosse , or intombed in his sepulcher ; the lowest acts , parts of his humiliation , antecedent to his actual soveraign exaltation and regal power ; as phil. . , to . ephes . . to . mat. . , . lu. . . acts . , to . c. . , . c. . , . heb. . . c. . . rev. . . c. . , . resolve . now how do popes , popish churches , councils , cardinals , bishops , doctors , priests , monks , nonnes , laicks , and the whole church of rome picture , represent our saviour christ to the eyes of their bodies and mindes , either in all or most of their publike or private a masse-books , breviaries , offices , psalters , primers , processionals , manuals , rosaries , or other books of devotion , and religion ; in all their collegiate , cathedral , parochial churches , chappels , or private oratories , monasteries , colledges , cells , closets , or crosses which they erect , and in their publike or private masses , processions , devoutest prayers , and addresses to him , when they most implore his grace or assistance ; not as a most glorious , triumphant soveraign king of kings , or head of all principalities and powers ; or as their only high priest , advocate , mediator , sitting in heaven on the throne of his majesty and glory , at his fathers right hand , there making perpetual intercession for them , to reconcile and bring them to his father ; but rather as a despicable sucking babe or infant lying , in his swadling clouts in his mothers arms , lap , bosom , brest ; or at her feet , in a cratch or manger ; as if he were still an infant , and not grown to his manly stature : yea they make him such a frail , despicable infant , that his very bones ( and limbs too ) may now be easily broken and knocked off from his body , ( contrary to john . . . ps . . . a bone of him shall not be broken ) and he tumbled down out of his mothers armes to the ground ; witnesse this famous legend recorded for a most certain miraculous truth , by our b gervasius dorobernensis . anno gratiae . king henry the d being in castello radulphi in provincia bituricensi , wherein the french king intended to besiege him : est ibidem coenobium monachorum habitus nigri , in honore beatae virginis mariae dedicatum . quo cum braibanceni regis angliae stipendiarii festinarent , ut ea quae in eadem ecclesia reposita erant , absportarent , lemovicensis vicecomes armatus accessit , eorumque ab ingressu ecclesiae cohibuit furorem , fugatoque tandem latronum cuneo , remanserunt quidam ex ipsis in ipso atrio ecclesiae tessara ludentes . cum ergo quidam ex ipsis , ut moris est , sorte perderent , alii vero lucro inhiantes eos qui perdebant probris irritarent , hi qui perdebant furore succensi , in deum et beatam ejus genetricem nefandas blasphemias jactitabant , ac si ecr●m esset culpa quod hujusmodi infortunia eis accidebant , vnus autem ex eis insanior caeteris , arrepto lapide , ad imaginem sanctae virginis mariae in lapide sculptam projecit , quo infantem feriens , ejus manum dejecit in terram . qua ruente , ipse quoque puer e gremio lapsus est inferiusque solito resedit . de brachio autem pueri simul et manu quae jam in terram lapsa est sanguis uberrime manavit , ac si viventis hominis vigor esset in lapide . ( it seems this statue of their saviour was transubstantiated into his very body and blood , as well as the hostia ) ipsa vero imago mariae ac si suo compateretur filio , conjectis manibus ad humeros proprios vestimentum lapideum abrupit , et corpus proprium fere usque ad mamillas detexit . hic vero qui lapidem jecerat , absque mora corruit et expiravit , caeterique amentes effecti sunt , ( as madd as they who forged and believed this legend ) vicecomes autem lemovicensis accurrens manum pueri sanguine madidam apprehendit , magnumque defensionis proemium laetabundus absportavit . the like miracles wee have recorded of abundance of blood issuing out of the little images of our savior , wounded or crucified by iewes since his ascention into heaven , publikely read in the roman church , recorded for truths by sigebertus ; yea by baronius himself and henricus spondanus his epitomizer , anno christi . nu . . anno . nu . . anno . nu . . which blood they * reserve and shew to the people , who adore it , as the very blood of christ himself in several places ; yea our * radulphus de diceto in his abbreviationes chronicorum , anno . out of sigebertus and others , stories . judaei imaginem jesu salvatoris nostri invenientes in domo judaei ibi relictam à quodam christiano , eam deponunt , & omnia opprobria quae judaei jesu christo intulerunt , imagini ejus inferebant ; tandem lancea latere ejus aperto , exivit de eo sanguis et aqua . quod illi supposita ampulla suscipientes , omnes infirmos in synagoga sua collectos sanabat . quod cum vidissent judaei , baptizati sunt omnes ( when as the shedding of christs blood , and sight of the miracles wrought at his passion converted no one jew ) and in memory hereof , passio autem dominicae imaginis , celebratur singulis annis idus nov. ( the day of our gunpowder treason ) apud beretham in syria , where this image was crucified : so as they had two good fridayes , the one for the passion of our saviour , which is moveable , changing every year ; and the other for the passion of his very image , which is certain ; or dly . they represent and adore him as a di●inutive , despicable babe or dwarfe , whose real natural glorified body born of the virgin mary ( if they believe b their own popes , councils , doctors , churches resolutions , which they deem infallible ) is now conteined in , or under the narrow species and circumference of every small consecrated host , chalice , yea in every part thereof , without its organical parts and corporeal dimensions locally distinct from each other , yet appearing sometimes miraculously ( as they relate ) upon the altar , and in the sacred host or chalice to some of their priests and other saints , either in the form of a petty infant , lamb , or morsel of flesh , or some drops of blood , for confirmation of their doctrine of transubstantiation ; ( though he never knew nor taught it ) but never in the shape or proportion of his full-growen humane body in which he suffered on earth , and with which he ascended into heaven , which body st. peter himself , and all creeds resolve , c the heavens must receive , until the time of the restitution of all things , and his comming to judgement ; and other texts define , to be d incorruptible ; being prepared and given him only by god , when he was e made flesh , and born of a woman ; and was never corporally present but in one place at once : or , in such an inglorious , inhuman , unkingly , despicable body , as wants both the form , lineaments , accidents of a human body , appearing in and under the form , species , accidents , dimensions of meer bread and wine ; which every communicant worthy or unworthy , doth not only actually receive into his mouth , but chew with his teeth , swallow into his belly , ( yea rats and mice may devour ) in consecrated wafers ; and which the meanest , vilest priest can make , and create at his pleasure , as well as the greatest , holiest pope , bishop , and then lift up and down , turn or overturn , imprison under lock and key in a pix , and send abroad to every sick person , carry about in procession , or devour at his pleasure ; or in such a strange body , as is really , corporally , insensibly present in above ten thousand hostia's , altars , pixes , chalices at once : which yet they solemnly adore with latria , as their very lord , god , saviour , creator ; and doom all for hereticks who comply not with them herein . or ly . they picture , carve , represent , pray to , and adore him , f as still hanging on , yet nailed to , but not taken down from his crosse whereon he suffered ( their most usual representation of him in all their crucifixes , churches , chapels , colledges , crosses , closets , missals , breviaries , offices , litanies , manuals , or books of devotion , caeremonials , processionals , statues , pictures , and good friday devotions ) as if he were not yet risen again for their justification , or sitting at gods right hand to intercede for them as their advocate . or ly . as yet lying in his grave in their good friday g enterludes : wherein they not only re-crucifie , but re-interre him in his sepulcher , as if not formerly crucified , dead , buried : and not only so , but in the famous city of venice in italy , ( as h sir edwin sands an eye-witnesse assures us ) they have erected a stately sepulcher of christ , whereon is written , hic situm est corpus domini nostri iesu christi with verses annexed , conditur hoc tumul● ; ; as if his crucified body were there yet actually interred , and never ascended into heaven ; where there is likewise hanging in a printed table a prayer of st. austin , with indulgence for no lesse then fourscore and two thousand years granted by pope ; boniface the eighth , and confirmed by benedict the eleventh , to whosoever shall say it ( before his tombe and interred body ) and that for every day toties quoties ; which is very observable , for that in a few dayes a man may provide for a whole million of worlds pardon , if they did last no longer then this hath done hitherto : but if christs body be still interred in that venetian sepulcher as the inscriptions attest , or elswhere , s. paul assures both them and us , cor. . , to . that their faith , preaching , ( and this their prayer and indulgence too ) are vain , yea , they are yet in their sins , are of all men most miserable ; and their deceased roman saints and ancestors , are likewise perished . in this inglorious , unkingly manner do they now usually represent , pray to , and adore our glorified savior jesus christ , the king and lord of glory . on the contrary , how do the churches , popes , prelates , priests of rome ▪ and all their members usually paint , portray , represent , stile , invoke , adore , and blazon abroad the soveraign imperial and regal authority of the virgin mary over all angels , creatures , persons , powers both in heaven , earth , purgatory , hell ; * yea over god himself , and christ her sonne , to the derogation , subversion both of christs soveraign universal monarchy , priesthood , and chief branches thereof , if not of his prophetical office ; and of st. peters and all popes pretences , rights , titles to them : which because not hitherto pressed against them in this kind , or to this end by any of our protestant writers ; i shall the more largely and fully charge against them . . they usually carve , pourtray , paint the statues , pictures of the virgin mary , ( as visible experience attests , past contradiction ) and represent her by them to their eyes , thoughts , when they pray unto her , in all their i offices , primers , psalters , howers , rosaries , missals , breviaries , books of devotion , churches , chapels , monasteries , altars of our lady , especially on all their publike festivals dedicated to her honor , in greatest state , majesty , crowned with a crown , or rayes of glory , as the empresse , queen , lady of heaven , earth , and all creatures in them , but christ her sonne only in the form or shape of a small sucking infant , lying in her lap , bosom , arms , or at her feet . ly . they stile , pray to , invoke , worship , adore her in all their publike liturgies , offices , howers , rosaries , crowns , anthems , psalters , primers , and private devotions , and in their postils , sermons , writings , proclaim , assert her to be , in respect of her regal vniversal monarchy ; imperatrix , augusta , regina et domins coeli coelorum , mundi , terrae , et totius orbis , ac exercituam cunctorum angelorum et martyrum ; imperatrix or regina angelorum , patriarcharum , prophetarum , apostolorum , ( therefore of st. peter , and his pretended successors of rome ) confessorum , virginum , et omnium sanctorum , yea , imperatrix , regina , & domina , or at least , ferulae diabolorum ; ipsa enim contrivit diaboli potentiam , sicut praedictum fuit gen. . dum ipsi diabolo dominus ait , ipsa conteret caput tuum , confunditque ejus astutiam ; juxta illud judith . vna mulier hebraea confusionem faciet in domo nabuchodonosor . item dejecit ejus maliciam , juxta illud quod ipsius in persona dicitur , judith , c. . erit memorialis . primus tui cum manus foeminae dejecerit eum . and if this be not sufficient , l ambrosius catherinus in the council of trent , sessio . stiled her , fidelissima dei et christi socia : cardinal bembus in his epistle to the emperor charles the th . calls her dominam et deam nostram , our lady and goddesse . and m others , dea dearum , the goddesse of goddesses . ly . they positively assert that the virgin mary , ( not st. peter ) during the time of christs passion , and from his ascention into heaven , was the sole queen , mistress , and instructer of his church on earth ; n quod ipsa est regina coelorum , et totius orbis , de qua propheta inquit , ps . . astitit regina a dextris tuis , &c. sicut ergò regnum regina gubernat , sic beata virgo quando rex christus per mortem se absentavit , ecclesiam dei in illo triduo rexit , quia fidem illibatam sola servavit . similiter quando rex christus ad coelum ascendit , ( let popes and their advocates for st. peters supremacy and rule over the vniversal church from the time of christs ascension , observe it ) ipsa tanquam soeli regina ecclesiam gubernavit , quia totius ecclesiae magistra permansit ( not st. peter . ) similiter , quando rex christus alicui faciem suam maxime abscondit , tunc ipsa regina misericordiam suam maxime ostendit ; quando homo ad ipsam cum devotione cordis recurrit . ( a strange position , seconded with this observable inference . ) ideo illuo quod vanae mulieres dixerunt de luna , nos exponerepossumus ( verè ) de ista virgine , quod haebetur jer. . , , . scil . sacrificemus reginae coeli , & libemus ei libamina , sicut fecimus nos & patres nostri , & faciamus ei placentas ad colendam eam : nam ex eo tempore quo cessavimus sacrificare reginae coeli indiguimus omnibus , & gladio & fame consumpti sumus ; quando autem sacrificavimus ei saturati sumus panibus , & benè nobis erat , malumque non vidimus . an evidence that the romanists imitate those idolatrous jewes both in their idolatry and obstinacy , in adoring their queen of heaven now , upon the self-same grounds , as they did their queen of heaven in the prophet jeremies dayes . ly . to enable mary to be a compleat soveraign mistresse , governesse , and instructor of the church on earth after christs passion and ascention , as well as queen and empresse , they further add , o ipsa virgo sicut nunc est regina coeli , ita etiam cum viveret esset regina mundi , ( therefore not st. peter , or the pope ) vel saltem regni judaici : nam ipsa virgo benedicta recta linea descendit de genere david , & ei debebatur regnum judaicum quod fuerat ab herode usurpatum ; & omnes dignitates & nobilitates respectu sanguinis , habuit christus à sola matre sua ; hanc autem regiam dignitatem , quod vere esset rex judaeorum ( quamvis noluit administrare regnum temporale , imò fugerit , joan. . ) transmisit in ipsum mater sua , quae fuit filia david , et regina sui regni , &c. item ipsa erat sponsa dei ; deus autem est imperator coeli & terrae et consequenter ipsa erat imperatrix mundi dum adhuc viveret . praeterea cum imperans mundo debeat per electionem promoveri , in electione autem electores tenentur eligere meliorem et sapientiorem atque sufficientiorem : cumque ipsa benedicta virgo esset omnibus puris hominibus quae unquam fuerunt sapientior et sufficientior , et plena donis spiritus sancti ; ergo ad ipsam ex electione fienda pertinebat imperium et gubernatio totius mundi : praeterea christo secundum humanitatem dedit deus imperium & monarchiam totius mundi , unde ip●e ait ; mat. ult . data est mihi omnis potestas & in coelo & in terra ; sed filio sine liberis morienti succedit mater . ergo ipsa ( not st. peter or his roman successors , as they pretend from this text of matthew , by their own doctors resolutions , ratified and approved by sundry popes , without observing how fatal it would be to their vniversal monarchy ) erat imperatrix totius mundi ; immediatly upon christs ascention into heaven ; o igitur regina nostra serenissima profecto tu dicere potes illud , esdr . . omnia regna terrae dedit mihi dominus . ( ergo , not to st. peter , nor the pope , without disseising , dethroning this their queen & empress of heaven , and of the whole world , both before as well as after her assumtion . ) yea they further assert , p item maria illuminata fuit super platonem , super ptolomaeum regem aegypti ; super moysem , super stephanum , qui vidit coelos apertos , act. . super paulum , qui raptus fuit usque ad tertium coelum , & audivit arcana quae non licet homini loqui ; super david , qui fuit eximius prophetarum ; super joannem baptistam , qui plus fuit quam propheta , ut ait salvator , mat. . super joannem evangelistam , de quo augustinus inquit ; si paulò altius intonasset , totus mundus eum capere non potuisset , quando dixit , in principio erat verbum . et breviter concludo , habuit omnem scientiam atque cognitionem ( as well in naturals , morals , politicks , as divine mysteries ) quam unquam aliquis hominum habiterit vel habebit . habuit ergo intellectum magis elevatum et illuminatum quam aliqua unquam habuerit pura creatura ; habuit etiara tantam cognitionem creatoris , ut verificaretur illud psalmi , in lumine tuo videbimus lucem . hereupon they thus salute her with new aves , which the angel gabriel never knew ; q ave maria , promissio prophetarum , ave maria , regina patriarcharum &c. ave maria , magistra evangelistarum , ave maria , doctrix apostolorum , &c. yea they assert , that christ when he ascended into heaven , left his mother mary behind him , and did not assume her with him soul and body into heaven till anno christi . ( years after his own ascension , as r baronius , spondanus , and most accord , though they much differ and contradict each other herein , both in the time , manner , circumstances , and reality of her assumption , of which there is little or no mention in any old ecclesiastical historians or fathers of the church . ) primò igitur christus demisit matrem suam in terris post suam ascentionem respectu consolationis , respectu fidelium remanentium , scil . apostolorum , & aliorum fidelium . solatium visibile quod de corporali ejus praesentia habebant fidelibus suis subtrahere jam voluit et idcirco matrem ecclesiae consolatricem ; vice sva ( not st. peter ) dereliquit . demisit ergo christus matrem suam in terris , & noluit eam adducere secum in coelum , quia apostolis nimis durum fuisset simul privari praesentia solis et lunae . secundo dimisit eam in terris post suam ascentionem , ratione instructionis , respectu scribentium , ut scilicet fideles instrueret de rudimentis fidei , maxime de his de quibus nulii mortalium nisi ipsi constare potuit . quamvis autem evangelistae spiritu sancto distante evangelia sua scripserint , nihilominus credi potest , et verisimile est , quod de talibus cum ipsa virgine conferebant . similiter , et alii legentes evangelistarum scripta ab ipsa quaerebant , si haec ita se habebant . et non est dubitandum , quin spiritus sanctus plura beatae virgini revelanda servaverit . quis enim melius scire potuit de magis venientibus , cum stella , de fuga in aegyptum , de angelica salutatione , & verbis inter ipsum & archangelum gabrielem factis , de nativitate christi , & de circumcisione ejus , & de oblatione ipsius in templo , & de reliquis ad filium suum pertinentibus , quam ipsa , quae singula fuit experta , & cuncta christi opera per triginta & tres annos oculis propriis aspexit ? unde dicitur luc. . maria autem conservabat omnia verba haec conferens in corde suo . et ob hoc fortè lucas plura de christi infantia scripsit , tanquam familiarior virgini , nam capellanus ejus asseritur fuisse . reliquit ergo dominus matrem suam magistram apostolorum , et omnium fidelium ; therefore not st. peter , nor his pretended roman successors . ly . to make her yet a more compleat and competent high priest , governor and instructer over the church on earth as well as in heaven , they further assert of the virgin mary , t licet sacramentum ordinis non recepit , tamen quicquid dignitatis vel gratiae ordinibus confertur , in ipsa excellentissimè fuit . in ordinibus enim confertur septiformis gratia spiritus sancti ; haec autem omnifarie gratia repleta fuit . ita cum tria sint in sacramento ordinis , dignitas ministerialis , potestas spiritualis , & administratio executionis . haec omnia beatissima virgo aequipollenter et excellenter in se habuit . ministri enim ecclesiae habent dignitatem beneficialem per characterem excellentiae ; beatissima autem virgo habet coronam regiam ecclesiae militantis et triumphantis ; ( not st. peter , nor the pope ) unde et summus ministrorum papa dicitur , servus servorum dei ; haec autem appellatur , regina et domina angelorum , et imperatrix totius mundi . item in ministris ecclesiae est potestas spiritualis vel episcopalis delegata a domino , vel subdelegata et vicaria . in ipsa autem est plenitudo potestatis coelestis perpetua , ex authoritate ordinata . item , in ministris est executio ligandi et solvendi per usum clavium . in ipsa autem est dominandi legitima potestas ad ligandum et solvendum per imperium , et sic quicquid est dignitatis et gratiae in ordinibus in genere , constat in beatissima virgine minime difuisse . haec albertus . et ne videatur virtutes sive dignitates generales habuisse , * spiritualibus caruisse , dicimus ipsam singulorum ordinum dignitates et gratias per aequipollentiam et cum excellentia possedisse . habuit namque cum exorcistis , daemonum expulsionem . nam de illa praedictum fuerat , gen. . ipsa conteret caput tuum . figurata quoque fuit per hester quae vicit aman ; & per judith quae olofernem interfecit , judith . cum ostiariis habuit introductionem mundorum , & immundorum exclusionem . vnde ezeck . . dicitur , porta haec clausa erit ▪ & non aperietur ; sed dominus ingredietur per eam . porta haec principem & imitatores suos introducit , & indignis clausa erit . habet etiam cum acholytis illuminotionem . vnde num. . dicitur , orietur stella ex jacob. habuit cum lectoribus omnium prophetiarum expositionem ad literam in seipsa , de qua scriptum est esa : . ecce virgo concipiet , &c. habet cum subdiaconis doctrinae apostolicae conservationem , unde per arcam , in qua erat deuteronomius & manna , & divina sapientia . ideo de ipsa dici potest illud , sap. . doctrix est enim disciplinae dei. habet cum diaconibus verbi domini servationem , et aliis adscribendum narrationem , et consiliorum domini perfectam impletionem . unde luc. . dicitur , maria autem conservabat omnia verba haec , &c. * habet cum sacerdotibus dominici corporis per se ▪ ipsam formationem , tractationem , et communicationem . hoc est quod corpus dominicum mediante ejus verbo et consensu de carnibus et sanguinibus ipsius formatum fuit , et ipsum familiarissime et diutissime tractavit , et in cibum et potum nobis communicavit , et per hoc nos omnes ad jugum suum suave , et onus leve charitatis ligavit , et ab omnibus culpis et poenis absolvit , et vitam nobis aeternam contulit : juxta illud salvatoris , jo : . qui manducat me , & ipse vivet propter me . habet quoque cum episcopis , et clericorum ordinationem , praebendarum collationem , templorum consecrationem , ac sacrarum virginum velationem . ordinat enim episcopus sacerdotes per sacramenti collationem , beatissima autem virgo per continentiae obligationem juxta illud , isa : . mundamini qui fertis vasa domini . confert etiam episcopus praebendas instituendo , beatissima autem virgo praebendas faciendo . consecrat quoque episcopus templa corporalia dedicando , beatissima autem virgo templa spiritualia castimonia inspirando , et sibi illa specialiter vendicando . consecrat etiam episcopus virgines exterius benedicendo ▪ beatissima autem virgo consecrat virgines interius virtutibus adornando , et eas filio suo desponsando , & non tantum opprobrium sterilitatis eis auferendo , sed eas sibi spiritualiter in filias adoptando , ad divinimi cultum dedicando , et ad statum dignissimum exaltando , juxta illud , sap : . incorruptio facit esse proximum deo. habet etiam cum papa beatissima virgo ( let popes and their advocates observe it well ) omnium ecclestarum sollicitudinem : quia papa est pater patrum ; ipsa vero est mater omnium christianorum , immo omnium bonorum : juxta illud , sap. . qui● omnium bonorum mater est . habet etiam excellentius papa potestatis plenitudinem ; omnes enim dignitates ecclesiae introductae sunt in servitium , mar. ▪ beata virgo non fuit assumpta in ministerium , sed in salutis auxilium , et regni consortium , et in coadjutorium , juxta illud gen. . . quia non fuit vicaria , sed socia , et particeps in regno , &c. ( note it well , ) papa enim solum habet eam in vita ista , sed non in coelo , nec in purgatorio , nec in inferno ; sic habet virgo . sicque patet quod quicquid est dignitatis vel gratiae in sacramentis ecclesiae , hoc totum virgo benedicta habuit plenarie ; cui sit sempiterna gloria per omnia secula seculorum , amen . yea they assert , maria habuit omnium artium scientiam . scivit enim artes mechanicas , et omnes artes liberales . item ipsa imperatrix fuit et leges condere potuit , et legis interpretatio penes ipsam fuit . scivit etiam theologiam et excellentissimam et elevatissimam theologiae habuit scientiam . scivit librum sententiarum : et totam bibliam , et omnia purae creaturae scibilia intellexit ; iura quoque civilia et canonica , ac leges et decreta scivisse in summo , probat albertus super missus est , c. . scivit etiam philosophiam , medicinam , mathematicam , musicam , & juris prudentiam . and they adde , that she alone ( which no unerring . popes ever yet did ) destroyed all heresies ; * ideo de ed ecclesia dignè canit ( write bernardixus senensis , bernardinus de busti , and others ) tu cunctas haereses sola interemisti in universo mundo , quoniam totam veritatem dei sic concepit , quod esset ipsius genetrix veritatis . yea she had , gratiam sanitatum , operationem virtutum , spiritam prophetiae , in such abundance , that she was summa prophetissa ; habuit etiam discretionem spirituum , genera linguarum , interpretationem sermonum , et gratiam apostolorum , evangelistarum , ac pastorum , in the highest perfection , as albertus , super missus est , bernardinus de busti , and others assert ▪ * et fuit coronatae corona praedicatorum , quia in ipsa sola remansit fides de filio dei , quam aliis praedicavit , & eos in fide roboravit . if then the virgin mary had all the dignity , power , jurisdiction and grace that the sacrament of orders could conferre upon her , and of every particular order in the church of christ , or rome , yea all in farre greater fullnesse and perfection then ever st. peter or any popes of rome , or other bishops , apostles , evangelists , prophets had , and such large knowledge in all these arts , lawes , especially in divinity , and all these several kindes of graces , as the premises averre , which enabled her both to instruct , govern the apostles , church militant , and all beleevers , when our saviour left the earth , and committed to her the care and government of them at his ascention into heaven ; how st. peter or his successors can lay the least claim or title to their universal monarchy and priesthood over it , as christs successors or universal vicars therein , without any assignment , claim , or charter from the virgin mary , ( to which they never pretend ) or without devesting her of this soveraign power derived to her from christ her son ; let popes & pontificians resolve their own consciences , and all their seduced proselytes , when they are able : especially if we adde to this , the remaining reasons they render why christ left his mother behinde him upon earth : * tercio eam demisit , ratione confortationis , respectu patientium . quarto demisit eam , ratione honorationis , respectu obviantium . nam cognoscens dei filius matrem suam virginem gloriosam esse inter omnes creaturas preciosam , prius voluit ei locum praeparare preciosum & amaenum , in quo ipsa sublimaretur , et postmodum de coelo descenderet ad ipsam assumendam . to which reason * anselmus archbishop of canterbury ▪ † bernardinus de busti , and some others , blasphemously adde : fortasse domine ( jesu ) hoc agere voluisti , ne tuae curiae ( coelesti ) veniret in dubium , cui potius occurreret ; tibi scilicet domino suo primo in assumpta carne coelum petenti ; an ipsi matri , similiter in ipsum regnum materno jure tecum ascendenti . prudentiori ergo et digniori consilio praecedere illam volebas , quatenus ei locum immortalitatis in regno tuo praeparares ; et sic comitatus tota curia tua festinans illi occurreres , eamque sicut decebat matrem tuam per teipsum exaltares . which assertions of theirs , approved , ratified by popes , sundry of their doctors , and publickly printed , preached , believed in the highest and solemnest feast of the virgin maries assumption , infallibly contradict , refute , subvert the very foundation of st. peters , and consequentially of the popes universal temporal or ecclesiastical monarchy , supposed to be transferred to him by christ himself at his ascension , as his only successor , or vicar general . ly . they positively assert , that christ hath assumed her soul and body into heaven , and placed her therein , far above all orders of saints or angels , even at his own right hand , in the very throne of the trinity : that on the day of her assumption , ( which they observe as a double festival , with grand devotion in the church of rome ) a assumpta est cum honorabili societate , & cum ineffabili jocunditate , & cum mirabili claritate , & cum terribili potestate : non tantum dominus jesus christus laureatus , corpore glorificato , occurrit suae benedictae matri cum toto angelorum exercitu , omniumque sanctorum comitiva , sed etiam ipse rex aeternus deus trinus et unus , potest dici huic sacratissimae virgini triumphaliter obviasse , non motu locali sed complacentia familiari , et glorificationis influentia principali . hanc ergò sponsam coram tota coelesti curia aeternus pater recognovit , matrem unigeniti sui , et regni sui consortem & dixit illud , ; es . . domum majestatis meae glorificabo . sicque benedicta virgo quasi altera hester de triclinio foeminarum , id est , de ecclesia militante adducta est , per filium suum in gloria majestatis , et per totam militiam coelestis curiae ad cubiculum supernae regis , et ad thronum dei patris vehitur , et ipsius sede trinitatis ad christi dextram collocatur : et illud figuratum fuit , hester . et tunc donavit illi deus , fontalem foecunditatem ad generandum spiritualiter omnes electos , et etiam ad laetificandos ipsos angelos in aliquo gustu et gradu , et experientia divinorum . ipsa igitur virgo ex hoc accepit a patre rationem paternitatis et sublimitatis regalis ac imperialis super omnem creatam naturam . nihil tibi aequale , o domina , nihil comparabile . omne quod est , aut est supra te , aut infra te : supra te solus deus , infra te omne quod non est deus : ( therefore peter and the roman pontiffs . ) yea they adde ; b iesus rex aeternae gloriae in gloria suae majestatis reverentia filiali ipsam adoravit ; non ut quamlibetcunque matrem , sed singularis sufficientiae , magnificentiae , & diligentiae et sublimis deus eam ut suam reverendissimam matrem reverenter adorat , et ad eam venerandam honore inextimabili corporaliter se inclinat . o stupendum prodigium et inauditae altitudinis fastigium ! ut a muliere dei filius recognoscat suum esse humanum ! quid non deberet virgini concedere quam tantum voluit honorare ? profecto isto respectu honoris non respiceret dei filius millesies mille millia seraphin , et infinities ; ( si dici liceat ) infinitos : ( much lesse then of st. peters or popes . ) sic ergo tota trinitas umformi ac concordi voluntate , hanc sacratissimam virginem ostendit esse suam sponsam incommunicabilis charitatis , inattingibilis dignitatis , mundi dominam imperceptibilis potestatis , electorum omnium generatricem piam inexplorabilis pietatis , omnium dei hostium conculcatricem triumphantissimam , insuperabilis strenurtatis , omnium coelestium the saurorum dispensatricem largifluam pro suae complacentia voluntatis , omnium superiorum delitiarum et consolationum gustatricem affluentissimam in triclinio divinae majestatis . super hunc dilectum suum in●ititur mater illa foelicissima , et in aureo reclinatorio divinae majestatis reci●nbeus , inter sponsi , imo filii sui brachia requiescit . o quanta dignitas , quam specialis gloria inniti super illum quem reverentur angelicae potestates ! whence they inferte ; absurdum ergò est , ut tam gloriosam virginem non venerentur linguae hominum , quam tota trinitas sic honorat tamque veneratur sublimitas angelorum , &c. yea they make this an article of their faith ; c crediturque , quod ipse salvator per se totus festivus , cum tota militia coelorum genetrici obviam occurrerit , et cum gaudio eam secum in throno collocaverit , alias quoque non implesset quod in lege ipse mandavit , honora patrem tuum & matrem tuam , &c. they further adde ; a maria fuit assumpta sublimiter , quia ipsa apparuit in coelo impyreo super omnes ordines angelorum , juxta illud psal . . elevata est magnificentia tua super coelos . item apparuit in coelo tanquam regina in throno ad regnandum cum filio , secundum figuram reg. . elevata est ad culmen triplicis dignitatis ; scilicet , altissime , super coelos , id est , super angelos universos : latissime , ut sit regnum ejus latum , ut elevetur thronus ejus ( sicut david ) super judam et hierusalem , non solum a dan usque bersabet , sed a mare gratiae usque ad mare gloriae , et a flumine influxuum divinorum , usque ad terminos orbis terrarum , regnans super omnem creaturam : ( therefore over st. peter and popes themselves . ) tertio elevatur ad culmen dignitatis firmissime : ipsius dignitas est super omnes sublimissima , et latissima , et firmissima , ita ut non posset moveri sublimitas montis quamdiu durat firmitas lapidis , nec regnum matris , quamdiu durat imperium prolis : dan. . tanta autem excellentia exaltavit dei filius matrem suam super omnes choros angelorum , quod si ibi ubi ipsa refedit esset multitudo , novam constitueret hierarchiam , as she doth a new quaternity , instead of a trinity of persons , if this be catholick divinity . ly . in their sermons a de nominatione , & de coronatione mariae , they assert , after her assumption , quod ipsa tanquam regina coeli diademate coronata sedet a dextris filii , cujus gloriam in spiritu videns propheta david , inquit deo , psal . . astitit regina à dextris tuis in veste deaurata , circundata varietate . de gloriosa virgine maria , ( cujus capiti imposuit , deus diadema regni coelestis ) possumus dicere illud , eccles . . corona aurea super caput ejus . et nos ( all roman catholicks who professe and adore her for their queen ) tibi dicere possumus illud , tob. . in omnia saecula regnum tuum : & psal . . regnum tuum regnum omnium saeculorum : & dan. . regnum quod in aeternum non dissipabitur . veni igitur et super nos regnum accipe . judis . . deregno enim tuo dici potest illud . psal . . et regnum ipsius omnibus dominabitur : & luc. . regni ejus non erit finis . tu namque in te habes omnes boni regis , et bonae reginae proprietates . o regina excellentissima , tu et filius tuus ( not st. peter nor the pope ) estis de quibus principaliter dixit deus , prov. . per me reges regnant . beati autem sunt qui veniunt sub vestro regimine . datus est ei thronus regis , super omnes thronos . nam si ipsam improportionabiliter super omnes creaturas diligit , ergo improportionabiliter super omnes collocavit . ipsa est super omnes creaturas potentissima . yea they mount her yet one step higher ; ipsa virgo benedicta licet sit subjecta , deo quantum creatura , superior tamen illi dicitur et praelata in quantum est ejus mater . vnde luc. . de christo scriptum est , quod fuit subditus illi . o ineffabilis dignitas mariae , qui imperatori omnium merult imperare ! and upon this account it is , they use these expressions to the virgin mary , in their crowns , anthems , letanies , offices , breviaries , hours , psalters of our lady old and new , and other their printed publick and private devotions , authorized by the church , popes of rome , and in their late breviary corrected and set forth by pope pius quintus , b gloriosa domina excelsa super sydera , dei mater alma , &c. funda nos in pace mutans nomen eve. solvè vincla reis , profer lumen coecis ; mala nostra pelle , bona cuncta posce ; monstra te esse matrem , per te sumat preces : impera filio , jube benedicere . and use this anthem to the virgin as one of her . spiritual joyes ; gaude nexu voluntatis , & amplexu dignitatis juncta sis altissimo , ut ad votum consequaris quicquid virgo postularis a iesu dulcissimo . hence c petrus damianus writes of and to mary ; accedis ante aureum humanae reconciliationis altare , non solum rogans , sed imperans ; domina , non ancilla . and their seraphical canonized bishop and cardinal d st. bonaventura , prescribes this prayer to be used to her , in his corona , printed at rome it self with his other works , anno . o imperatrix ac domina nostra benignissima , jure matris impera tuo dilectissimo filio domino nostro iesu christo , ut mentes nostras ab omni terrestrium ad coelestia desiderio erigere dignetur . and in the . psalm of his ladies psalter , printed with it , he hath this versicle to this empresse ; inclina vultum dei super nos , coge illum peccatoribus misereri . the harshnesse whereof some of the romanists have thus qualified in his psalter printed at paris anno . inclina vultum filii tui super nos ; coge illum precibus , nobis peccatoribus misereri . whence e george cassander , a learned modern pontifician , in his consultatio , ( written by the command of , and dedicated to the emperors ferdinand and maximilian the . ) artic. . de intercessione & meritis sanctorum , thus censures the psalters of the church of rome : quid quod totum psalterium , ( as in that of their great dr. bonaventura , and others ) sublato ubique domini nomine , ( and particularly ps . . . ) in nomen dominae commutatum legitur ? quin vero et eo ventum est , ut etiam christus jam in coelo regnans , matri subjiciatur ; quomodo in nonnullis ecclesiis canitur : ora matrem , et jube filio , o foelix puerpera , jure matris impera , nostra pians scelera redemptori . and elsewhere they thus pray to the virgin ; thou callest thy self the handmaid of jesu christ , but as gods law teacheth . f thou art his lady mistresse ; for right and reason willeth , that the mother be above the son ; therefore pray him humbly , and command him from above , that he lead us to his kingdem at the worlds end . ly . they yet further assert and proclaim to all the world , in vindication of the virgin maries soveraign imperial regal and lordly dominion ; g maria interpretatur domina , sive dominatrix . ideò illi canit ecclesia ; o gloriosa domina excelsa super sydera . nam si imperator est dominus totius mundi , imperatrix est domina orbis ; ( which they prove by sundry texts of the civil law. ) est etiam beata maria domina coeli et mundi . upon this account bonaventura in his ladies psalter , and bernardinus de busti in his officium conceptionis mariae , authorized by the bull of pope sixtus the th . thus blasphemously turn dominum into dominam , beginning their vespers and office with it for her honour . * psal . . . dixit dominus dominae meae , sede a dextris innocentiae meae , allelujah . dixit dominus , cum reliquis de sancta maria , laudate pueri dominam super omnes gentes in conceptu gloriosam , allelujah . and to evidence this her soveraign dominion , they produce these solid reasons for it . primo , propter dominium , de qua ipsa inquit , eccles . . gyrum coeli circumivi sola , & profundum abyssi penetravi , & in fluctibus maris ambulavi , & in omni terra●steti , & in omni populo & omni gente primatum tenui . ipsa enim tanquam domina coelum circumivit , et ubique dominium accepit : ( therefore not st. peter , nor his pretended successors . ) vel dicitur , gyrum coeli circumivi , quia omnes sanctos gerit & circumivit , eosque ad intercedendum pro nobis solicitè inducit . et dicitur sola , quia ipsa orante omnes orant , et ipsa silente omnes silent . vnde anselmus in * lib. orationum , dicit ; te domina tacente nullus orabit , nullus ad juvabit ; te autem orante omnes juvabunt , omnes orabunt . secundo , dominatur in inferno unde subdit , ; & profundum abyssi penetravi . non enim tantum dominatur daemonibus minoribus , qui sunt in superficie terrae ; nec tantum mediocribus , qui sunt in medio inferni ; sed etiam maximis , qui sunt in profundo . tertio , daminatur in purgatorio ideo subdit , ; & in fluctibus maris ambulavi . poena enim purgatorii dicitur * fluctus , quia est transitorius ; & dicitur maris , quia est amara . in illius fluctibus ipsa ambulat , quia meritis suis miseros a poenis illius liberat . quarto , dominatur mundo ideo subdit , ; in omni terra●steti , & in omni populo & omni gente primatum tenui . in mundo quidem sunt tria genera hominum , quidam sunt mali , quidam boni , quidam verò tepidi . ipsa quidem dominatur malis eos ad poenitentiam reducendo ; dominatur bonis eos in gratia conservando ; dominatur tepidis illos in gratia ferventer proficere faciendo . ly . they affirm and teach , that the virgin mary ; h secundo , principaliter dicitur domina propter jus dominii adquisitum . acquirit autem quis dominium alicujus rei aut ratione emptionis soluto precio ; aut ratione operationis , quando aliquis rem operatus est , & eam in esse produxit ; aut ratione electionis . virgo igitur beata habet jus dominandi ; primo ratione emptionis quia cum filius suus emeret & redimeret humanum genus , ipsa ad hanc redemptionem faciendam est multipliciter operata , precium scilicet redemptionis ministrando , et ipsum redemptorem mutriendo . secundo ratione operationis , quia ipsa est mater dei , qui cuncta in esse produxit : ; hebr. . omnia autem bona filii facta sunt matris , cui sine liberis morienti in omnibus bonis successit . to which i shall annex that of i aretine ; for the love of jesus and mary , god created the world ; for the love of the undefiled virgin , who is the wisdome of the world , god made heaven and earth ; and it was not only made for her love , but also preserved ; for it could no way stand , our deeds are so-evil , but that she by praying for us mercifully upholdeth it . tertio ( dicitur domina mundi ) ratione electionis , quia deus ab aeterno ipsam eligit in habitationem . ly . they argue ; k tertio , principaliter dicitur domina propter multitudinem subditorum , ( to wit , all angels in heaven , men on earth , in purgatory , and devils under the earth ) mater domini omnis creaturae , effecta est domina omnis creaturae . ideò merito dici potest de illa illud , gen. . . & gen. . . & ad quamlibet creaturam illud , gen. . revertere ad dominam tuam , & humiliare sub manu ejus . quia igitur , magnae dominae magna dona largiantur ; hest . universis● et omnibus misericordiae sinum aperit , ut de plenitudine ejus accipiant universi . hence , l tot creaturae serviunt gloriosae virgini mariae , quot serviunt trinitati . omnes nempe creaturae quemcunque gradum fecerunt in creaturis , sive sint spiritus , ut angeli ; sive rationales , ut homines ; sive corporales , ut corpora coelestia , vel elementa , et omnia quae sunt in coelo vel in terra ; sive damnati , sive beati , quia omnia quae sunt divin● imperi● subjugata , gloriosae virgini sunt subjecta ; ipse enim qui filius dei & virginis benedictae volens ut sic dicam , paterno principatui quodammodo aequiperare maternalem . hence they introduce the . orders of angels and stars , thus crowning her with their praises ; qui omnes eam coronant , quia ipsam perpetuè venerantur , mirantur , & laudant . seraphin enim mirantur & laudant in ea charitatem succensam ; cherubin , sapientiam tam profundam , throni , potestatem & quietem in domino sic tranquillam . dominationes , tantam super angelos praeeminentiam . virtutes , tantam miraculorum efficaciam . potestates , tantam super daemones potentiam . principatus , tantam de omnibus regnis providentiam . archiangeli , tantam de omnibus locis diligentiam . angeli , tantam de omnibus singulis hominibus custodiam . martyres , tantam in tribulatione constantiam . confessores , tantam sobrietatem et temperantiam . virgines vero , tantam ipsius puritatem et munditiam . vnde illi dicere possumus illud , par. . te laudat omnis virtus coelorum , & tibi est gloria in saecula saeculorum , amen . iily . from the letters of m r. and i. which they finde in her name maria , they attribute and appropriate to her de jure , the titles and soveraignty of regina , & imperatrix coeli , terrae et mundi . primo , quia ipsa genuit coelestem imperatorem , & ideo potest ab eo petere quicquid vult , si ergo imperat filio ratione maternalis iurisdictionis , qui fuit subditus ei , lu. . multo magis imperat omnibus creaturis filio suo subjectis . est etiam imperatrix , quia aeterni imperatoris est sponsa . quoniam verò deus illi tradidit imperium orbis , et omnium continentium in eo ; dixit ei , quod habetur in . aeneid . imperium sine fine dedi , his ego nec met as rerum , nec tempora pono . and from thence they thus assert her soveraign power and right of receiving all appeals immediately to her self , from all oppressed persons , devils , tyrants , powers whatsoever , yea from the very justice of god and christ himself , who hath constituted her the lady chancellor of heaven , and given , assigned all his mercy to her alone , to manage , dispose of at her pleasure , reserving only his justice to himself ; which they thus relate and averre for an undoubted article in their new roman-creed . tantae autem authoritatis in coelesti palatio est ista imperatrix , quod omnibus aliis sanctis intermediis omissis , ad ipsam licet ab omni gravamine appellare . licet enim secundum jura civilia debitum medium servetur in appellationibus . ( imperatores , &c. ) tamen in ipsa servatur stylus juris canonici , quo omisso quolibet medio appellatur ad summum pontificemquilibet ergo potest ad eam appellare . vnde de ipsa dicere possumus illud , quod scriptum est in c. ad rom. . q. . ubi dicitur ; ad eam ab omnibus oppressis est appellandum et concurrendum quasi ad matrem , ut ejus uberibus nutriantur , authoritate defendantur , et a suis oppressoribus releventur , quia non potest , nec debet mater oblivisci filii sui . confidenter igitur unusquisque appellet ad ipsam , sive gravetur a diabolo , sive ab aliquo tyranno , sive a corpore proprio , aut a divina justitia . primo , licet appellare a diabolo , sic fecit theophilus quidam , qui ut scribitur in miraculis ejusdem virginis , ab episcopo . suo à vice-dominatu depositus , in tanta desperatione cecidit , quod diaboli servum se fecit , & de sua servitute chirographum manu propria conscripsit , & diabolo tradidit . postmodum ad eor suum rediens & penitens , ▪ ad imperatricem appellavit , & ipsa totum irritum fecit , & diabolo ut theophilo chirographum redderet praecepit , & sic ipsum in statum pristinum restituit , & gratiam ac veniam sibi impetravit . secundo , licet appellare ad ipsam , si quis gravatur à tyranno , quod patet in h. basilio , cui cum n julianus apostata ad praelium contra persas vadens minatus fuisset , quod in reditu suo civitatem suam destrueret , sanctus basilius ad imperatricem istam appellavit , quae militem quendam nomine mercurium jam defunctum suscitavit , qui super equum conscendens , atque ad julianum pergens , ac lancea fortiter vibrans ipsum occidit . ideò dicit sanctus philebertus in quodam sermone , veniant ad beatam mariam justi cum basilio , effectum celerem percepturi ; veniant & peccatores cum theophilo desideratam gratiam adepturi . tertio , licet ad ipsam appellare , si quis gravatur à corpore proprio , sicut patuit in maria egyptiaca , quae ut habetur in vita sanctorum patrum cum multo tempore carnali concupiscentiae deservisset , tandem ad imperatricem istam confugiens & appellans , concupiscentiam vicit & castitatem servavit . o quarto , licet ad ipsam appellare , si quis a dei justitia se gravari sentit , quod significatum fuit , hest . . ubi dicitur , quod cum rex asierus judaeis esset iratus , regina hester ad ipsum placandum accessit . cui rex ait , etiam si dimidiam partem regni mei petieris dabitur tibi . ista ergo imperatrix figuravit imperatricem coelorum ; cum qua deus regnum suum divisit . cum enim deus habeat justitiam et misericordiam ; justitiam sibi in hoc mundo exercendam retinuit , et misericordiam matri concessit ; et ideo si quis sentit se gravari a foro justitiae dei , appellet ad forum misericordi● matris ejus . which is seconded by gabriel biel , * michael lochmair , st. briget , and sundry other romanists : upon which account as god himself is stiled in scripture , p the father of mercies , and the god of all grace and consolation ; so now they stile , yea fly and pray to her as to the mother of all mercy and consolation ; witnesse these titles they give her in all their publick and private devotions ; q mater misericordiae , mater gratiae , origo spiritualium fontium et sluminum : quod secundum omnes doctores , maria derivatur a mari , quia sicut omnia flumina intrant mare & exeunt ab ipso , ecclis . . ita omnes gratiae divinae irruant in beatam virginem , caeteris per partes gratia praestatur : mariae vero tota se infundit gratiae plenitudo , ab ipsa autem virgine nobis gratiae communicantur . ipsa est fons hortorum , gen. . irrigans superficiem universae●terrae ; nec ipsae herbae nec plantae virtutum possunt germinare , nec crescere , aut proficere , nisi sint ab ipsa aqua gratiae irrigatae . o dispensatrix misericordiae , et eleemosynaria gratiarum et divitiarum dei ; o thesauraria altissimi ; o cibus et refectio humanae mentis ; o auxiliatrix in omni calamitate ; o vena misericordiae ; o unica spes , &c. noli me abjicere a misericordia tua ▪ sed respicere me digneris tua dulcissima gratia , sicut te cum johanne respexit filius tuus dominus et redemptor , &c. which prayers and addresses to her , as the only mother , fountain of all mercy , pitty , and grace , are grounded upon bernardinus de busti , st. bernards , st. brigets , anselmes , and sundry other romanists assertions and interpretations , that r per primam hujus nominīs literam m. significatur , quod ipsa est mater misericordiae ; misericordia enim ejus est omnibus misericordiis aliorum sanctorum omnium excellentior , generalior , communior , & major . omnibus se diffudit , nec est qui se abscondat à calore ejus . ejus misericordia prae caeteris omnibus est diuturnior ; caeteris non exaudientibus maria non deserit . ejus misericordia est omnibus generalior , quia ubique generaliter invenitur , scilicet , in mundo , in judicio , et in coelo . primo in mundo , quia misericordia ejus plena est omnis terra ; nec mirum , quia ipsa habet miserendi potentiam , sapientiam , et voluntatem promptam . secundo subveniet in judicio : ipsa enim beata virgo cum filio ad judicium veniet , & ibi erit in magno honore quantum ad se , & in magna utilitate quantum ad nos : domesticis suis dabit cibaria ; illos etiam vest it duplici stola gloriae & beatitudinis , &c. animae & corporis . tertio , ejus misericordia apparet in coelo , quia ejus claritas in beatis est causa gloriae , laetitiae , & honorificentiae . mariae praesentia totus illuminatur orbis , adeo ut ipsa superna civitas clarius rutilet , virgineae lampadis illustrata fulgoribus . misericordia virginis omnibus est communis , et omnibus misericordiae sinum aperit ; ipsaque est templum dei , unde nemini claudit gremium p●etatis . ejus misericordia est omnibus aliis major longitudine , latitudine , sublimitate , & profunditare . quis benedictae misericordiae tuae longitudinem , latitudinem , et profunditatem investigare posset ▪ longitudo enim ejus usque ad diem novissimum subvenit universis eam invocantibus . latitudo ejus replet orbem terrarum , quia ejus misericordia plena est omnis terra . profunditas sedentibus in tenebris , & umbra mortis se communicavit & gratiam obtinuit ; precibus suis obtinendo reis veniam , aegro tismedelam , pusillis corde robur , afflictis consolationem , periclitantibus adjutorium , & liberationem . licet igitur diversis nominibus nuncupetur , tamen nullum est praeclarius nomen eique convenientius quem mater misericordiae . nam si illam imperatricem , reginam , dominam , dominam dominarum , dea dearum , appelles , important solum quandam excellentiam , & non benignitatem , nec videbitur esse dea vel domina peccatorum . non etiam videtur esse appellanda regina gloriae , quia gloria est tantum in coelo , & non in terra , nec in inferno , net in purgatorio , sed misericordia in quolibet horum est , ergo maximum regnum est misericordiae , et consequenter maria debet appellari regina et mater misericordiae . * regnum misericordiae est super omnia regna , & propterea propriè convenit matri dei , quae omnium regnorum dei est regina . praeterea ipsa super patrimonium & proprietatem filii sui est regina : sed hoc patrimonium est misericordiae , quia dei proprium est misereri semper & parcere , ergo beata virgo proprie misericordiae est regina et mater . ideo illi canit ecclesia ; salve regina misericordiae . et iterum , maria mater gratiae , mater misericordiae . ly . they further adde from a. the fifth and last letter of her most sacred name ; n a significat beatam virginem esse ( not only advocatam , but ) augustam totius orbis . si enim uxor terreni imperatoris appellatur augusta ; multo magis conjuncta et desponsata coelesti imperatori benedicta virgo appellari debet augusta : maxime , quia ipsa augmentavit imperium divinum super humanum genus deperditum , atque ipsa mediante auctus est fidelis populus colens deum . ideo de illa dici potest illud psal . . et auxit populum suum vehementer . ad istam igitur augustam debent omnes tribulati recurrere , quia ipsa neminem spernit , sed omnes benignissime recipit , et semper residit et expectat ad se venientes . vnde thronus dei appellatur ideo apostolus . hebr. . ait , adeamus cum fiducia ad thronum gratiae ejus , ut misericordiam consequamur , & gratiam inveniamus in tempore oportuno . rogemus ergo istam serenissimam augustam , ut nos ab hostium insidiis et impugnationibus protegens , atque populo dei annumerari faciens , in bonis operibus perse verantes usque ad finem , ad contemplandam post hujus vitae transitum ejus ( not dei , or christi ) gloriosam majestatem in coelesti faciat patria sublimari , amen . ly . they further adde from the letter a , ipsa est arca thesaurorum dei , quae figurata est in arca tabernaculi ; in qua divinos the sauros suos omnipotens deus collocavit , maxime serenissimae misericordiae et charitatis : yea , p ipsa est fenestra coeli , per quam deus oculis suae misericordiae nos respicit . vnde canitur in officio ejusdem virginis , intrent ut astra flebiles , coeli fenestra facta es : dicere autem potest virgo benedicta , quae est ostiariaria ( yea ostium ) paradysi , juxta illud joan. . ego sum ostium ; per me si quis introierit , salvus erit ; ( blasphemously transferring this text from christ to her ) ideo o peccatores a patria coelesti exules intrate per portam istam : ite , o infirmi ad medicum : accedite o orphani ad parentem : pergite o coeci ad lumen : properate o afflicti ad consolationem : ambulate o virgines post speculum pudicitiae : festinate matres ad matrem dei ; currite o viduae ad nutricem veri sponsi : proficiscimini o pauperes ad thesauratricem bonorum coelestium : egredimini o incarcerati per januam perfectae libertatis . nosque omnes in hac miseriarium valle laborantes , rogemus eam cum beato augustino in sermone hodierno , ( fathered on him by popish impostors ) sancta maria succurre miseris , juva pusillamines , refove flebiles , ora pro populo , interveni pro clero , intercede pro devoto foemineo sexu : sciant omnes tuum juvamen , quicunque celebrant tuam sanctam nativitatem . assiste parata votis poscentium , et repende omnibus optatum effectum . q ipsa enim maria est virga aurea . hest . . cum enim rex assuerius esset iratus , extensio illius virgae ipsum placavit , & regina hester in palatium introduxit , & omnia impetravit . ipsa quippe virgo beata deum placat , quia est nostra advocata . cum enim deus percutit cor peccatoris virga aurea , id est , devotione virginis , statim placatur , et illi aeternam poenam remittit . et ideo possumus dicere deo illud , prov. . si percusleris eum virga , non morietur . sic & christus cum nos percutit virga , id est , devotione virginali , nos facit liberos a servitute diaboli . haec quoque beata virgo figurata per virgam auream , in palatium coeleste nos introducit , quia est janua paradisi . vnde canit ecclesia in officio beatae virginis , tu regis alti janua & porta lucis fulgida . omnia etiam nobis impetrat ista virga aurea , quia est mater dei veneranda ; dicit enim ei filius ejus illud reg. . pete mater mea , neque enim fas est ut avertam faciem meam à te . beatus qui audit me , & vigilat ad fores meas quo●die ; qui me invenerit , inveniet vitam , & hauriet salutem à domino , prov. . ly . if this be not sufficient , in pursuance of the premises , they dogmatize ; r sciendum est , quod deus ipsi ministrae suae commisit officium ministrandi et dispensandi omnes eloemosynas et gratias , quas de coelo in terram ad nos mittit . non solum autem fecit eam deus eloemosynariam suam , per quam nobis pauperibus & esurientibus dedit panem illum coelestem , qui de coelo descendit , joan. . sed etiam fecit ipsam ceilariam suam vinariam , id est , spiritus sancti abundantiam , in quam introduxit beatam virginem , et fecit eam suam dispensatricem , cant. . ideo ipsa inquit eis , cant. . bibite amici & inebriamini charissimi . o ſ nomen gloriosae virginis suavissimum , nomenque jucundissimm maria ! prima litera m. misericordiam ostendit , & pietatem ejus qua plena est omnis terra . tu es digna nominari , & ab omnibus amari & revereri , quia per te gratiam adquirimus , gloriam impetramus : per te maria franguntur vincula , solvuntur debita , vincuntur vitia , solidantur conf●acta , recuperantur perdita , renovantur vetera , roborantur infirma , magnificantur minima , ima exaltantur , incepta promoventur , infecta perficiuntur , perfecta conservantur , daemones fugantur , purgatur cor , mens refulget , et animus inslammatur , liquescit pectus , dulcescit gustus , et decoratus aspectus . yea maria , ( writes t bernardinus senensis ) omnibus sapientibus & insipientibus copiosissima charitate debetricem se fecit , omnibus misericordiae sinum aperit , ut de plenitndine ejus capiant universi , scilicet , captivus redemptionem , aeger curationem , peccator veniam , justus gloriam , angelus laetitiam , demum tota trinitas gloriam , filii dei persona humanae carnis substantiam , ut non sit qui se abscondat a calore ejus . ly . sciendum est ergo , quod isti gloriosae dominae virgini benedictae , omnes creaturae reverentiam exhibent , & faciunt illud quod de filio suo praecepit apostolus phil. . ( which popes alledge for their soveraign authority , & their lady maryes advocates for hers ) in nomine jesu christi omne genu flectatur coelestium , terrestrium , & infernorum . in nomine igitur virginis mariae dicuntur genua flectere agmina coelestia . angeli etenim nomen ejus mariae maxime venerantur et reverenter adorant , et ipse filius matrem suam dei veneratur et laudat : quia ergo christus , ut scriptum est lu. erat subditus beatae virgini , ideo haec est vera locutio , ( true blasphemy indeed ) beatae virgini omnis creatura est subdita , et deus . vnde bernardus homil. . super missus est , ait , deus cui serviunt potestates , & principatus obediunt , subditus erat matri , & non tantum matri , sed joseph propter mariam , ex quo eam veneratur . secundo , sibi flectunt genua omnia terrestria , id est , omnes generationes , & quae praecesserunt & quae sequuntur , & quae venturae sunt , sicut ipsa inquit luc. . omnes generationes vocabunt me beatam . tertio flectunt sibi genua omnia infernalia , id est , daemones , qui velint nolint ipsam adorant , et ad ejus nominationem pavent et tremunt unde dicit , sanctus gerardus episcopus & martyr . invite quoque infernus beatae mariae ululat , & procacissimi daemones clamant ; secundum enim papiam , domina interpretatur dans minas ; & ipsa inimicis humani generis dominans , minas infert . item secundum catholicos , interpretatur domina , id est , domans manus ; & ipsa domat daemonum manus , et potestates , ideo timent et venerantur . yea a ratione glorificationis , tanta est gloria virginis matris dei , quod tantum excellit in gloria naturam angelicam et humanam simul junctam , quantum circumferentia firmamenti excellit in magnitudine centrum suum , cum intelligat in filio suo , se quasi alterum ipsum deitate vestitum : whereto b arnoldus carnotensis adds , maria constituta est super omnem creaturam , & quicunque jesu curvat genua , matri quoque pronus supplicat ; et filii gloriam cum matre non tam communem judico quam eandem . which c viega the jesuite likewise asserts in the self-same words for roman catholick divinity . whence d bernardinus de busti concludes , boni filii est magis velle quod mater honoretur quam ipse , christus ergo optimus filius qui tantam honoravit matrem in terris , nunquid eam honorare despexit in coelis ? boni quoque filii est velle ut magis serviatur matri quam sibi . no wonder then they honor and serve her more then christ her sonne , and equallize her with him , both in her vniversal soveraignty and glory , as one and the same with his ; yea make her assumption into heaven more solemn and glorious then her sonnes ▪ per comparationem utriusque , ista virginis assumptio pompa solennior . inveniuntur quippe angeli soli redemptori occurrere potuisse ; matri vero filius ipse cum tota coeli curia tam angelorum quam justorum hominum occurrens , evexit eam ad beatam sessionem . ly . they thus daily crown the virgin mary for their queen and empresse of heaven and earth , with this crown , and vow obedience to her ; cum enim facimus coronam perinde est ac si ejus capiti coronam imponeremus , et ipsam nostram reginam constitueremus ; corona enim solummodo datur regibus et reginis . tunc ergo ei dicimus , o maria imperatri● coeli , reginaque mundi ; ecce quod te elegimus pro regina nostra , et nos servulos tuos facimus , et in perpetuum sub imperii tui servitute vivere volumus . et ideo sumus mittentes coronas ante thronum apoc. . thronum tuae majestatis . quia autem miseris misericordia est necessaria , quae est plenitudo virtutum in singulis ; & nos sumus miseri , ideo tibi offerimus coronam , non quod egeas nostris coronis aureis vel argenteis , sed ut per hoc confitentes te esse magnam reginam , mereamur sub dominio tuo semper permanere . scimus enim , quod non potest rex alienare castrum , villam , aut civitatem invitis hominibus inhabitantibus . et ideo postquam nostra regina facta es , non poteris nos refutare sine consensu nostro . illud enim solum quis dicitur posse facere quod de jure perjuste facere potest : o igitur domina et regina nostra , ecce quod nos servi tui promittimus tibi servare omnem illam fidelitatem quam tenentur quilibet boni subditi custodire erga dominum suum , ideo etiam tu teneris erga nos esse fidelem . dominus quoque fideli suo in his omnibus vicem reddere debet ; quod si non fecerit , merito censebitur maledictus , &c. debet autem unusquisque christianus se et sua omnia in manu tua committere , et nullam permittere transire diem quin saltem unam dicat coronam ad laudem tuam . o igitur regina nostra serenissima , profectò tu dicere potes illud in esdr . . . omnia regna terrae dedit mihi dominus . et nos tibi dicere possumus illud , tob. . in omnia secula regnum tuum , & psal . . regnum tuum regnum omnium seculorum ; & dan. . regnum quod in aeternum non dissipabitur , veni ergo et super nos regnum accipe ▪ judic : . de regno enim tuo dici potest illud , psal . et regnum ipsius omnibus dominabitur ; & luc ▪ . regni ejus non erit finis . tu quoque in te habes omnes boni regis et bonae reginae proprietates . vndo tu potes dicere de devotis servitoribus tuis ; para. . . sciant distantiam servitutis meae & servitutis regni terrarum : et quid mirum , o virgo benignissima , si nobis est jucundum tibi servire , cum servierit jacob pro rachel septem annis , & videbantur dies pauci pro amoris magnitudine , gen. . o bona domina , tu scis quod tuus serbus sum ego ; psalm . ne igitur transeas servum tuum , gen. . sed pro tua benignitate dignare dicere de me , erit mihi servus sempiternus , reg. . & illud isa . ecce servus meus , suscipiam eum , electus meus , complacuit sibi in illo anima mea ▪ placeat humanitati tuae dicere mihi illud , esa ▪ . servus meus es tu , quia in te gloriabor . ly . st. * bernardinus senensis thus positively resolves , de monarchia autem vniversi nunquam chris●us testatus est ( by way of legacy , or grant , no not to st. peter ) eo quod sine matris praejudicio nequaquam fieri poterit : insuper , noverat , quod potest mater filii irritare testamentum , si in sui praejudicium sit confectum . ex his omnibus apertissime claret , quod mater jesu maria haereditario jure omnium qui sunt infra deum habet regale dominium et inclytum obtinet principatum . therfore it is most certain by this saints verdict , he never assigned his vniversal monarchy , & all power in heaven & earth , to st. peter or his successors at his ascention , or since ; whence petrus damianus ( the first † instituter of the office of our lady ) thus assures the virgin , and her disciples , data est tibi omnis potestas in coelo et in terra ; as well as * bernardinus de busti , and others in the forecited places . in respect of which her universal soveraignty , their canonized cardinal st. bonaventura thus concludes the last psalm in his ladies psalter , by metamorphosing dominum into dominam ; laudate dominam in sanctis ejus , laudate eam in virtutibus & miraculis ejus ; omnis spiritus laudet dominam nostram . i shall now appeal to the judgements , consciences of all sober pontificians , as well as protestants ▪ whether all the premised practises , prayers , panegyricks , resolutions of these their seraphical doctors , and canonized saints , approved , magnified by the popes , church of rome , and devoutest roman catholicks of all orders or fraternities dedicated to our lady ▪ and the soveraign regal imperial dominion , powers they thus ascribe unto her over all angels , powers , creatures both in heaven , earth , purgatory , and hell it self , be not totally inconsistent with , derogatory , subversive to st. peters & the popes universal temporal and ecclesiastical monarchy ? and whether they must not henceforth disclaim them as inconsistent with , and destructive to their soveraign ladies , queens , and empresse maryes monarchy ; or else cease any longer thus to court , adore ; sing , pray unto her , and renounce all their premised passages , practices , postills , prayers relating to her soveraign majesty , as meer high treasons , heresies , blasphemies against their universal lord and monarch st. peter , and his roman successors ; who never yet pretended themselves to be viceroyes , vicars general , or successors to mary in this her supream authority , which they have unadvisedly or erroneously asserted , not well considering how inevitably it refutes and subverts their own ; and her sons too ; who as he will admit of no equal or corrival with him in his royal * glory ; so much lesse in his prophetical or sacerdotal offices , of mediation , advocation , reconciliation , salvation , and the like , to all which they intitle the virgin mary , to hers and his dishonor , as i shall in the next place clearly evidence . . although the scripture be expresse , that as there is but one god , so there is but one mediator between god and men , the man christ iesus , who gave himself a ransome for all , tim. . , . who is likewise stiled the mediator of the new covenant , hebr. . . c. . . c. . . by whom only we have accesse unto the father , and the throne of grace , ephes . . . c. . . rom. . . c. . . hebr. . , . and in whose name alone we are to make all our addresses & petitions to god the father , john . . c. . . c. . , , . col. . . yet the roman church and popes have intituled their queen mary to this peculiar office of mediatorship , from the first letter m. in her name ; for , secundum devotos doctores ( as y bernardinus de busti informs us ) nomen virginis componitur ex quinque literis , propter quinque beneficia quae contulit mundo , quae incipiunt ab una ipsarum literarum . per m. enim significatur ( by their cabalistical romish divinity , that i say not blasphemy ) quod ipsa est mediatrix nostra , scilicet inter nos et deum ; quia enim per media sedantur discordiae et lites dirimuntur . ideo homines a deo discordantes debent beatam virginem ( not christ her sonne ) mediatricem interponere , ut pacem cum creatore suo possint reformare . ipsa namque nata est mundo , ut per filium suum humanum genus conciliaret deo. ante enim quam virgo maria esset in mundo , tanta erat discordia inter deum et hominem propter peccatum primorum parentum , quod nullus quantumcunque sanctus et justus audebat accedere ad deum pro gratia impetranda . sed omnes ex hac vita decedentes ad infernum descendebant , boni ad limbum , mali autem ad aeternam poenam infernorum : beata autem virgo sua mediatione nobis misericordiam impetravit , et gratiam atque gloriam , juxta illud psal . . suscipimus deus misericotdiam tuam in medio templi tui ; id est , beatae virginis ; quia multipliciter dicitur medium vel mediatrix vnde . z bernardus in quodam sermone , mediatrix est maria inter solem et lunam , id est , christum et ecclesiam . primò ergo est mediatrix nostrae salvationis ; juxta illud , psal . . deus autem rex noster ante secula operatus est salutem in medio terrae , id est , ex utero reginae mariae , ad quam sicut ad mediam , & sicut ad causam rerum ad negocium singulorum respiciunt , & qui habitant in coelo , & qui habitant in terra , & qui in inferno , & qui nos praecesserunt , & nos qui modo sumus , & qui nos sequentur , & nati natorum , & qui nascentur ab illis . qui in coelo sunt ut restaurentur , qui sunt in inferno ut eripiantur , qui nos praecesserunt , ut prophetae fideles inveniantur , qui sequentur ut glorificentur . ideo beatam te dicunt omnes generationes , tu genetrix dei et regina coeli , et domina mundi , qui generationibus cunctis vitam et gloriam genuisti . in te reperiunt angeli et justi gloriam , peccatores veniam . in te oculi totius creaturae merito respiciunt , quoniam de te et in te benigna manus omnipotentis dei quos creaverat recreavit . secundò est mediatrix nostrae conjunctionis et unionis , quia nos disjunctos etdivisos a deo illi conjungit et unit . tertio , est mediatrix nostrae justificationis . daemones enim nostram justificationem impediunt : sed virgo maria illorum impedimenta expellit , et ideo nostram justificationem perfecit . quinto , ; est mediatrix nostrae reconciliationis . peccator enim efficitur inimicus dei propter peccatum carnalis concupiscentiae , vel superbiae , aut avaritiae . ista autem dei mediatrix hos inimicos dei saepe reconciliat , dum eos ad poenitentiam revocat . quintò , est mediatrix nostrae intercessionis ; ipsa eam pro nobis quotidie intercedit . ideo bernardus in sermone de annunciatione ait , si ad deum patrem vereris accedere , ad filium fuge ; quia hunc tibi fratrem maria dedit . sed si fortè in ipso majestatem divinitatis vereris ad , mariam recurre , quae est humanitas pura , et ipsa exaudietur pro sua reverentia . sexto , ipsa est mediatrix communicationis , quia cum adhuc esset in mundo , communicavit cum sanctis qui erant in via , et cum illis qui erant in patria ; & quantum ad hoc potest appellari firmamentum , quod est in medio aquarum quae sunt super coelos & infra , gen. . so bernardinus de busti , and st. bernard thus long before him . a ad patrem verebaris accedere , solo auditu territus , ad filium fugiebas : jesum tibi dedit mediatorem : quid non apud talem patrem flius talis obtineat ? exaudietur utique pro reverentia sua . an verò trepidas & ad ipsum ? frater tuus est , & caro tua , temptatus per omnia absque peccato , ut misericors fieret . hunc tibi fratrem maria dedit . sed fortè & in ipso majestatem vereare divinam , quia licet factus sit homo , manserit tamen deus . advocatum habere vis ad ipsum ? ad mariam recurre . pura siquidem humanitas in maria ; non modo pura ab omni contaminatione , sed & pura singularitate naturae . nec dubius dixerim exaudietur , et ipsa proteve●entia sua . exaudiet utique matrem filius , & exaudiet filium pater . filioli haec peccatorum scala : haec mea maxima fiducia est : haec tota ratio spei mei . vellus est medium inter rorem & cream , mulier inter solem & lunam , maria inter christum et ecclesiam constituta . hence he introduceth the church thus praying to her , as the mediatrix between her and the sun , under the title of the moon , from apoc. . b jam te mater misericordiae per ipsum syncerissimae tuae mentis affectum tuis jacens provoluta pedibus luna , mediatricem sibi apud solem justitiae constitutam devotis supplicationibus , ut in lumine tuo videat lumen , et solis gratiam tuo mereatur obtentu quam vero amavit prae omnibus , et ornavit stola gloriae induens , et coronam pulchritudinis ponens in capite tuo . plena es gratiarum , plena tore coelesti , innixa super dilectum deliciis affluens . ci●a hodie pauperes tuos domina : ipsi quoque catelli de micis edant : nec puero abrahae tantum , sed et camelis potus tribuas de supereffluenti hidria tua . c ipsa nempe mediatrix nostra , ipsa est per quam suscepit misericordiam tuam deus , ipsa per quam et nos dominum iesum in domus nostras suscepimus . bernardinus de busti with sundry others in their publike prayers , and private devotions ▪ as they invoke her by the name of o mediatrix dei et hominum : so they argue she was conceived without original sin , d ratione mediationis , quia beata virgo fuit media inter creaturam et creatorem . ergo fuit perfectissima omni perfections quae in creaturam cadere potest : et ideo sicut coelum chrystallinnm est medinm inter coelum empyreum & stellatum ita tu es mediatrix dei et hominum . hoc quoque tibi convenit , quae divinae vindictae impetum moderaris , et iracundiae ejus calorem temperas , atque ab inflammatione et exterminio interventu tuo mundum conservas et defendis : ; of which more in the d. and th letters of her name , concerning her redeemers and advocates offices . hence bernardinus senensis useth these extravagant pas●●ges concerning her redeeming , saving adam and all mankinde , and the saints in the old as well as new testament from damnation , and all their temporal and spiritual enemies ; licet adam & eva propter transgressionem divini praecepti totalem meruissent adnihilationem & exterminationem , cum omni posteritate sua ; tamen praevidens divina clementia hanc purissimam virginem esse in lumbis ipsorum radicaliter , a quibus nasci debebat ipsa nobilissima sponsa dei , a qua filius aeterni regis generari debebat : juxta illud , psal . . de fructu ventris tui ponam super sedem meam : suspendit indignationem suam , et primos parentes cum omni natura humana ab aeterno exterminio liberavit . ob ejusdem quoque virginis amorem praeservavit noe de diluvio , abraam de coede regum , isaac de ismael , jacob de esau , ac populum judaicum de manu pharaonis , & de captivitate babylonica liberavit , david quoque de leone , & de golia , & de saul ; et breviter , omnes indulgentiae et liberationes factae a deo in veteri testamento . secundum praedictos doctores , ob virginis dilectionem provenere : unde verificatum fuit illud , prov. . gratia & amicitia , scilicet beatae virginis , liberat , scilicet ab omnibus malis , as well spiritual as tempora● . besides , their * seraphick doctors comparing mary with eve ▪ inferre from gen. . dicitur , et vocavit nomen ejus eva , eo quod esset mater omnium viventium . si ergo illa appellata est eva quae erat mater omnium viventium vita naturae ; multo fortius illa beatissima virgo quae est mater omnium viventium vita gratiae . eva damnat , maria salvat , unde ipsa nomen● eve mutavit . illa enim omnes homines generat in mundum , ista in coelum : illa mater carnalis , ista spiritualis . illa mater miseriae , ista misericordiae ; illa principium mortalitatis , ista principium regenerationis ; illa gratiam perdidit , ista gratiam invenit ; illa transivit , & nos transire fecit in culpam , ista nos surgere fecit de culpa in gratiam ; illa de latere viri dormientis facta , ista de corde domini vigilantis . illa viro suo occasio fuit perditionis ▪ haec viro suo adjutorium redemptionis . illa desponsatur origo corruptarum , haec desponsatur mansura virgo virginum . illa prima virginitatem perdidit ; ista prima virginitatem deo conservavit illa à diabolo decepta , ista ab angelo edocta illam diabolus vicit per superbiam , ista diabolum vicit per humilitatem : et sic patet , qualiter mutavit nomen ; ; evae . ideo ipsam virginem exorat ecclesia dei. sumens illud ave gabrielis ore , funda nos in pace mutans nomen evae . to which he subjoynes , maria dicitur stella , quia vivificat . siquidem mors regnabat ab adam , rom. . veniente autem hac stella , omnia mortua sunt vitae restituta : quippe ipsa est lignum vitae , &c. hence * jacobus de valentia , episcopus christopolitanus , thus antichristianly writes , peccando post baptismum videntur contemnere & despicere passionem christi , & sic nullus peccator meretur quod christus amplius intercedat pro ipso apud patrem , sine cujus intercessione nemo potest liberari a poena aeterna nec temporali ; nec culpa quam ipse voluntarie perpetravit : et ideo fuit necesse , ut christus constitueret matrem suam praeelectam mediatricem inter nos et ipsum . et sic in hac peregrinatione non relinquitur nobis aliud refugium in nostris tribulationibus et adversitatibus , nisi recurrere ad virginem mariam mediatricem , ut velit placare iram filii . hence * antoninus archbishop of florence records , that st. dominick being at rome in the papacy of honorius the d. nocte quadam orationi incumbens , vigilanter , vidit ad patris dexteram exurgere filium in ira sua , ut interficeret omnes peccatores terrae , et disperderet omnes operantes iniquitatem , &c. cujus irae dum nemo potest resistere , occurrit propicia virgo mater , et rogavit ut parceret eis quos redimerat , et justititiam misericordia temperaret . ad quam flius nonne vides ( inquit ) quantae mihi irrogantur injuriae ? iustitia mea tanta mala non sustinet impunita : ; whereupon his mother promising her son to send her two faithfull servants , st. dominick , and st. francis , as the only means to reduce these sinners to him ; filius dixit , ecce placatus suscepi faciem tuam , and by this her mediation appeased christs wrath against them ; who thereupon committed these two freers and their orders to his mothers special service and protection , to reconcile these sinners to him , by the ayde of her intercession and advocation on their behalf ; upon this ground-work , their a hercules lipomanus cryes out in his marginal agony ; ecce quam potentissima est sancta dei genetrix , et quomodo nullus salvus fieri possit , nisi per eam ! hence their st. b anselm , c bernardinus senensis , and others , in their extasies and extravagant devotions , thus magnifie her as the ladder and gate of heaven , the recoverer , restorer , reconciler , redeemer of the lost world , &c. quid nos tantilli , quid nos actione pusilli , quid in laudibus ejus referamus , cum etiamsi omnium nostrorum membra verterentur in linguas , eam laudare non sufficerent . altior enim est coelo de qua loquimur virgo , abysso profundior , cujus la●des dicere conamur ; si coelum inquam te vocem , altior es ; si vero matrem gentium , praecedis , si formam dei te appellem , digna existis : si dominam angelorum , per omnia esse probaris . quid igitur digne de te dicam ? maria est flos et janua paradysi , gloria generis humani , thronus et camera regis aeterni , charitas dei , lucerna mundi , scala coeli , regina angelorum , terror daemonum , refugium peccatorum , imago et speculum puritatis , exemplum et regula honestatis , fons et taberna gratiarum , mons et scala virtutum , arca coelestium thesaurorum , consolatio pauperum , refrenatio divitum ▪ recreatio humilium , confusio superborum , solatium electorum , conductrix peregrinorum , portus naufragantium , murus obsessorum , requies tribulatorum , mater orphanorum , tutela viduarum , scutum pugnatorum , dulcedo contemplativorum , magistra praedicatorum , fortitudo laborantium , advocata poenitentium , medicina aegrotantium , forma justorum , spes et laus credentium , et * titulus catholicorum . gloriosa virgo , & mater misericordiae , regina et fons torius dulcedinis et pietatis , quid dicemus ? quo organo vocis exprimemus , quantum tibi debemus ? quicquid protulerimus minus est , et quasi nihil ad ea quae tibi exequio debemus . tu ante omnem creaturam in mente dei praeordinata fuisti , ut omnium foeminarum castissima deum ipsum hominem verum ex tua carne procreares , ut prae omnibus post filium regina coelorum effecta gloriosa regnares ; ut perdito mundo recuperares aditum , et vitae perennis emolumentum properares . tu genus humanum aeternitatis gloria nudatum per tuum virgineum partum in pristinum statum deduxisti : tu principem mortis everti●●i : per te ad aeternam gloriam quicunque perventuri sumus pervenimus , et per te est si quid boni sumus , sive possumus , sive habemus . tu post deum summa ac singularis consolatio nostra , tu ad regna coelorum dur et subventio nostra . tu quaesumus esto in ipso ●eatitudinis regno susceptrix , ac perpetua exaltatio nostra , quae christo iesu dulcissimo filio tuo gioriosa con●egnas , regina coeli , domina mundi , per iufinita seculorum secula , amen . vpon this account a antidotarium anim● , p. . prescribes this prayer to her , as a special antidote to save and preserve the souls of roman catholicks : o mary , the learnedest advocate of the guilty , the only hope of the desperate ; the saviovr of sinners , i beseech thee at the last day , inlighten me with the beams of thy most bright face : then there is no other hope but thee ; save me o savioresse , redeem me o redeemer ; my sins load me , the flesh defileth me , the devil lyeth in wait for me . besides , in her publike offices , hours , they thus publikely salute , invoke her ; b ave maria , abyssalis fons omnis gratiae , et misericordiae . ave maria , salus , et consolatrix peccatorum , et vivorum et mortuorum promptissima , mater orphanorum , consolatio desolatorum , via errantium ; salus & spes in te sperantium , fons salutis , fons consolationis et indulgentiae ; ostende michi faciem tuam , et vitam aeternam michi tribuas . ad te hodie o unica spes miserorum confugio , plenus siducia . tibi meipsum et omnes necessitates meas devote recommendo . te hodie matrem et matronam prae omnibus eligo ac praeopto . noli ergo piissima mater abjicere me miserum peccatorem propter peccata mea nimia , et nolime abjicere a misericordia tua propter eum , qui amore mei nudus et dilaceratus pependit in cruce ante te ; sed respicere me digneris tua dulcissima gratia , et materna pietate in hora mortis meae suscipe animam meam , et offer illam dulcissimo filio tuo iesu . o beata maria mater dei , peccatorum interventrix , concilia me antequam infernus me devorat . exaudi me , salva me. defende me a poenis inferni . stella coeli extirpavit quae lactavit dominum , mortis pestem quam plantavit primus parens hominum . yea their canonized st. bernard , and c bernardinus de busti , extoll her as parentum reparatricem , et posterorum vivificatricem . superadding , propterea curre eva ad mariam , curre mater ad filiam , filia pro matre respondeat , ipsa matris opprobrium auferat , ipsa patri pro matre satisfaciat , quia ecce si vir cecidit per foeminam , jam non erigitur nisi per faeminam . and in his officium conceptionis beatae mariae , authorized by the bull of pope sixtus the . to be publikely used in all churches , especially ▪ on the feast of her conception without original sinne ( as they hold ) he begins her devotissimum officium , with this hymne , gaude mater salvatoris , porta coelt tu vocaris , mundi salus saevientis , caput cedens holofernis . mare ficco calle transis , currus mergens pharaonis ; inque syon dominaris , pulsans inde jebuseos , &c. asueri regis sceptrum caput tangens virgo tuum , mori fecit laqueatum aman sanctis inimicum : babylonis rex in praedam non abduxit te captivam ; philisthei nec goliae es transfixa pugione . sicut suum sol●nitorem , nunquam perdit nec decorem ; primi patris sic tu labem nullam sentis nec faetorem . tu sol occasum nesciens , &c. delicti nubes profugans . nullus in te confidentes unquam vidit infoelices ; vere tibi nam devotus est necesse sit beatus . ad te ergo nos clamantes in hac valle lachrymantes : ad nuptias aeternales fac venire triumphales . a men . besides most d pontificians frequently apply that text of gen. . . to mary , translating ipsum into ipsa , as if meant most properly of mary her self , not of christ her seed ; asserting her to be the principal saviour , redeemer of lost mankinde by breaking this serpents head ; adding , et si adhuc dubites an de maria dixerit , audi quod sequitur , ipsa conteret caput tuum . cui haec sancta victoria , nisi mariae ? ipsa proculdubio caput contrivit venenatum , quae omnimodam maliciam , suggestionem , tam de carnis iliecebra quam de mentis superbia dedurit ad nihilum . hence they te●●h & enjoyn all roman catholicks , thus to salute , invocate mary , as in sundry other offices , houres , psalters , crowns , rosaries , dedicated to her name and worship , so likewise in the very beginning of their * horae beatissimae virginis , secundum usum romanum , used in rome and elsewhere ; salve regina mater misericordiae , vita . dulcedo et spes nostra , salve ; ad te clamamus exules silii evae , ad te suspiramus gementes et flentes in hac lachrymarum valle : eja ergo advocata nostra , ill●s tuos misericordiae oculos ad nos converte ; et iesum benedictum fructum ventris tui post hoc exilium nobis ostende : o clemens , o pia , o dulcis maria , dignare me . e bern. de busti in the close of his mariale , ( dedicated to pope alexander the . and highly applauded by him ) bestows this new crown of blasphemy , rather then glory , upon this their new redeemer queen mary , which quilibet devotus ad gloriam ipsius debet dicere , o cibus et refectio humanae mentis , o vita nostra , o auxiliatrix in omni calamitate , o mater pietatis , o vena nostrae salutis , o principium nostri amoris , o redemptrix universi , o mutatrix cursus naturalis , o recuperatrix perditi orbis . o renovatrix humanae naturae , o mediatrix dei et hominum , o spes solida nostrae mercedis , o ductrix omnis fidelis errantis , o fundamentum nostrae fidei , o mare in quod effluunt omnia flumina divinorum charismatum , o sagitta contra serpentem antiquum , o portus defiderabilis , o schola omnium virtutum , o pons periculosi hujus mundani fluminis , o ardor superni amoris , o scala per quam in coelum ascenditur . o vas et templum spiritus sancti , o speculum in quo resplendet omne bonum , o norma justititiae , o castitatis magistra , o innocentiae forma , o ante nostrum judicem advocata fidelissima , o gloria angelorum , o decor omnium coelorum , o dispensatrix donorum dei , o mater aeterni verbi dei , o portinaria paradisi , o aqua melliflua quae das bibere omni sitienti , o exemplar humilitatis , o secretaria aeterni consilii , o tabernaculum sanctum , o refugium nostrae miseriae , o vivisicatrix ab aeterna morte , o thesauraria altissimi , o puella super omnes praeelecta , o vox prophetarum , o desiderium patriarcharum , o flamma inter seraphin , o lumen ad cherubin , o throna inter thronos , d domina inter dominationes , o maxima princeps inter principatus , o columna omnis potestatis , o virtutum suprema virtus , o archangela inter archangelos , o omnium angelorum ornamentum , o hortus deliciarum , o corona justorum , o triumphus coeli empyrei , o filia patris aeterni , o genetrix divinae majestatis , o sponsa paracieti , o regina et imperatrix orbis universi , defende nos a malignis spiritibus , & fat ut in die judicii audiamus unigenitum filium tuum nobis dicentem , venite benedicti patris mei , possidete regnum quod vobis paratum est ab origine mundi . in quo regno perenniter te laudare et glorificare valeamus ( in the first place ) cum filio dilectissimo tuo , per omnia fecula seculorum . amen . hence their f seraphical bonaventura , bishop of alba , a cardinal priest and canonized saint of rome , in his blasphemous psalter printed at argentine . part. . f. , &c. soars as high or somewhat higher then his fellowes , using these extasies of devotion towards his saviouresse the lady mary , ecce domina salvatrix mea , fiducialiter agam in te & non timebo ; quia fortitudo mea es , et facta es mihi in salutem . exulta totum hvmanvm genus , quia talem dedit tibi media tricem dominus deus tuus : confitebor tibi domina , quia abscondisti haec à sapientibus , ( the wisest sort of christians the protestants ) & revelasti ea parvulis , ( the childish romanists and pontificians ) who thus bespeak and pray unto her in their devotions penned by him ; o benedicta , in manibus tuis reposita est nostra salus . quemadmodum enim infans sine nutrice non potest vivere , ita nec sine domina nostra posses habere salutem . yea he concludes with this new anti - athanasius marian catholick creed ; quicunq , vult salvus esse , anteomnia opvs est , vt teneat de maria ( hanc ) firmam fidem : quam nisi quisq , integram et inviolatam servaverit , absque dubio in aetermim peribit : and thus upbraids all those who will not undoubtedly believe her to be their savioresse ; generatio prava ac perversa , agnosce dominam nostram salvatricem tvam , nunquid ipsa est mater tua quae possedit te , et in fide generavit te ? moreover , he not only thus invokes her , o mediatrix nostra , o mediatrix inter deum et hominem ; o advocata miserorum , oculi servorum tuorum ad te diriguntur , &c. but thus wittingly alters , perverts the words of several psalms , texts from dominum into dominam , or eam , &c. as for other purposes ; so for this of her salvation and reconciliation of them . * psal . . venite ad eam , qui laboratis et tribulati estis , et dabit refrigerium animabus vestris . psal . . deduc me ad portum salutis , & spiritum meum redde factori meo . ps . . domina ne in furore dei sinas corripi me , neque in ira ejus judicari , &c. de portu inferi et de ventre abyssi libera nos . aperiantur nobis januae sempiternae , et enarremus in aeternum mirabilia tua . quia non mortui , nec qui in inferno sunt , laudabunt te domina , sed qui tua gratia vitam aeternam obtinebunt . ps . . salvum me fac mater pulchrae dilectionis , &c. gyrum terrae sola circuis ut subvenias invocantibus te , &c. psal . . omnes gentes plaudite manibus , &c. quoniam ipsa est porta vitae , janua salutis , et vitae nostrae reconciliatrix ; spes poenitentium , solamen lugentium , pax beata cordium , atque salus . miserere mei domina , miserere mei , quia tu es lux er spes omnium confidentium in te . psal . . miserere mei domina , quae mater misericordiae diceris ; et secundum viscera misericordiarum tuarum munda me ab omnibus iniquitatibus meis , &c. psal . . domina in nomine tuo salvum me fac , et ab injustitiis meis libera me . ps . . domina , in te speravi , non confundar in aeternum , in tua misericordia libera me , &c. ps . . confitemini dominae nostrae , et invocate nomen ejus , &c. salus sempiterna in manu tua , domina , &c. ps . . non invenietur propitiatio sine illa . if these blasphemies be not sufficient , a bernardinus de busti , and others out of st. bernard will further assure us . beata virgo maria dicitur scala coeli , quam vidit jacob patriarcha , gen. . scala dicitur , quia per ipsam angeli ad nostram protectionē descendunt , & gratiae divinae per eam nobis donantur , cui profecto scalae dominus innixus est , quia nihil nos deus habere voluit quod per mariae manus non transiret , et nihil ex operibus nostris sibi esse gratum , nisi per manus matris offeratur . ideo modicum illud quod deo offerre desideras , gratissimis mariae manibus cura tradere , si repulsam non vis habere . hoc etiam patet exemplo quod legitur in chronic is nostris , ( a most observible one in good earnest , worthy special notice , evidencing that there is no so safe or speedy ascention for christians into heaven by the red ladder of christ our saviours blood , as by this white ladder of heaven the virgin mary , by christs own revelation to st. francis , thus recorded by bernardus de busti , and * others . ) quod quadam die sanctus franciscus vidit duas scalas , unam rubeam , cui christus innixus erat , et aliam albam , in qua virgo erat . et cum ad monita beati francisci fratres scalam rubeam ascendere conarentur , dum ire inciperent , retro multi cadebant , et ascendere non poterant . de qua re sanctus franciscus flendo dolebat : cui christus dixit , ( if you dare credit his legend ) fac ut fratres tui ad matrem meam currant , et ad scalam albam , atque per eam ascendant . tunc beatus franciscus exclamare coepit , dicens . currite fratres ad scalam albam , et ascendite per eam . quod facientes fratres a beata virgine laeta facie suscipiebantur , et in coelum cum facilitate ascendebant . whence most other roman votaries run principally to this ladder , as the only easie , safe , speediest ladder to obtain salvation , and ascention into heaven . but enough of these their blasphemies , rather then devotions , where of there are hundreds more in bernardinus his mariale . ly . whereas the sacred scriptures , saints , and church therein , made god himself , jesus christ his son , and the holy ghost their only ayd , help , hope , comforter , deliverer , refuge , saviour in times of all their temporal or spiritual troubles , dangers ; praying only to god or christ alone for deliverance , help , comfort , salvation out of them , ascribing all their deliverances and salvation only unto god , deur . . , , . chron. . . chron. . , &c. psal . . . psal . . , . psal . . . psal . . . psal . . . psal . . , , . psal . . , &c. psal . . . psal . . . psal . . . psal . , . psal . . . psal . . , . psal . . . psal . . , , . psal . . . psal . . . psal . . . psal . . . , . psal . . . psal . . . psal . . , . psal . . . psal . . . psal . . , . psal . . . psal . . , . psal . . . psal . . , , . psal . . . jer. . . c. . , . lam. . . joel . . hos . . . isa . . . c. . , . mat. . . c. . . c. . . luke . . col. . , . thes . . . tim. . , . tit. . , . c. . . pet. . , . hebr. . . john . . sam. . . chron. . . psal . . . psal . . . isa . . . c. . . c. . . c. . , . c. . . . c. . , . c. . . c. . . c. . . c. . . psal . . , , . chron. . . jonah . . jer. . . c. . . c. . . c. . . c. . . hos . . . c. . , . zeph. . , . zach. . , . c. . . c. . . mat. . . c. . . john . . c. . . c. . , . c. . . tim. . , , , . hebr. . . c. . . acts . . c. . . ephes . . . phil. . . pet. . , . jude . rom. . . cor. . . thes . . , . isa . . . c. . . psal . . . psal . . . zach. . , . tim. . . psal . . . acts . . which sacred texts ( with sundry more ) i desire all pontificians and marians seriously to peruse . the popes , doctors , and church of rome , in direct opposition to all these scriptures , from a. the second letter in the name of maria , proclaim her to be , and pray to her as their only ayder , or chiefhelp , hope , deliverer , comforter , yea saviour , in all their corporal or spiritual dangers , troubles ; attributing their deliverance and salvation unto her alone , not god or jesus christ : witnesse not only the premised passages , but these other assertions , invocations , prayers in their authorized writers , offices , psalters , publick and private devotions . a secunda litera nominis beatae virginis est a. ( writes bernardinus de busti ) per quam significatur , quod ipsa est auxiliatrix nostra ideo . augustinus in quadam sermone inquit ; domina nostra , auxiliatrix nostra , tuo filio nos reconcilia , tuo nato nos recommenda , tuo filio nos representa , fac benedicta per gratiam quam invenisti , per praerogativam quam meruisti , per misericordiam quam peperisti , ut sicut te mediante filius tuus dignatus est particeps fieri infirmitatis & miseriae nostrae ; sic quoque te intercedente participes nos faciat gloriae & beatitudinis . haec illa beata igitur virgo fuit adjutrix sive auxiliatrix nostrae redemptionis , et auxiliatrix nostrae justificationis . primo ▪ enim fuit auxiliatrix nostrae redemptionis , quantum adquatuor genera causarum . primò , quantum ad causam efficientem , quia illum genuit qui nostram salutem operatus fuit . secundò , quantum ad causam materialem , quia de suis visceribus nostrae redemptionis materiam ministravit . tertiò , quantum ad causam formalem . quartò , quantum ad causam finalem , quia nobis ad beatitudinem consequendam nobis à deo data fuit : vnde dicitur , apoc. . quod in capite ejus est corona . stellarum , quia omnes sancti per ipsam sunt coronati . b secundo , ipsa est auxiliatrix nostrae justificationis , quia efficaciter adjuvat , in omni statu , in vita , in morte , et post mortem , tam bonos quam malos . in vita , bonos scilicet , in gratia conservando ; malos verò ad misericordiam dei per poenitentiam reducendo . in morte , ab omnibus insidiis diaboli protegendo . post mortem , animas in suas manus suscipendo , et eas ad coelum deducendo : vnde canit ecclesiae , maria mater gratiae , mater misericordiae , tu nos ab hoste protege , & in hora mortis suscipe . tertio videndum est propter quod adjuvat ; circa quod notandum est , quod plura sunt , propter quae nos adjuvare tenetur . et primo , propter abundantiae suae cumulum . secundo , propter debitum . tertio , propter commissum officium ; she being appointed auxilium ordinarium , quo militante cessat extraordinarium , scilicet aliorum sanctorum . et ideo omnes debent in necessitatibus suis ad eam recurrere tanquam ad matrem , cui commisit deus officium maternum ; unde illi dicere debemus illud , quod canit ecclesia , dicens , monstra te esse matrem . nemo ergo se reputet pauperem , nec in miseria permaneat , cum sit amicus tam divitis potentis , sed confidenter ad postulandum ipsius adjutorium pergat . deus enim de ea confidens , omnes gratias faciendas ei commisit . item omnibus succurrit ; nam adjuvat tribulatos , dans eis patientiam . adjuvat etiam tentatos , dans eis victoriam . adjuvat quoque in dei amore famelicos , dando eis refectionem internam . quarto , nos adjuvat propter suum animum viscerosum . quinto , propter divinae liberalitatis impensum illi beneficium : ideò de sua plenitudine nobis debet effundere , & nobis filiis suis tanquam bona mater coeleste regnum imperare . possumus etiam aliam rationem assignare , quia ipsa tam gratiam dei , quàm humanum genus , amissam invenit . et ideò non debet gratiam quam invenit occultam tenere , sed nobis propalare & reddere , alias reputabitur fur . hence they thus fly , pray to , salute , invocate mary in their publick and private devotions , as their only constant ayd , help , guide , sanctuary , harbour , protector , deliverer in the troublesome sea of this world . c o mater orphanorum , consolatio desolatorum , via errantium , salus et spes in te sperantium , fons misericordiae , fons salutis et gratiae , salus et consolatrix vivorum et mortuorum , vena et a●yssalis fons omnis misericordiae . obsecro te sancta maria pietatis plenissima , venias & festines in auxilium & consilium meum , in omnibus orationibus & requisitis meis ; & in omnibus angustiis & necessitatibus meis ; & in omnibus rebus in quibus ego sum facturus , locuturus , aut cogitaturus ; omnibus diebus ac noctibus , horis atque momentis vitae meae ; et in novissimis diebus o●tende mihi faciem tuam . mecum sis in omnibus tentationibus , tribulationibus , necessitatibus , angustiis , et infirmitatibus meis , et maxime in hora exitus mei ne desis mihi clementissima virgo maria , amen . ave mundi spes maria , ave mitis , ave pia , angelorum imperatrix , peccatorum consolatrix , consolare me lugentem , consolare peccatorem , et ne tuum des honorem alieno aut crudeli , precor te regina coeli . me habeto exeusatum apud christum tuum natum , cujus iram expavesco et furorem pertimesco . o maria virgo noli esse mihi aliena , gratia coelesti plena . audi nos , nam te filius nihil negans honorat . to which they accumulate from m. the first letter in her name ; d maria in scriptura appellatus manus dei ; de qua exponi potest illud , deut. . omnes sancti in manu ejus sunt . et illud job . in cujus manu est omnis anima viventis . per istam manum deus nobis tribuit bona paradisi ; per ipsam etiam electo suo succurrit ; psal . . manus mea auxiliabitur ei . et psal . . in manu ejus omnes fines terrae . haec est illa manus de qua dicitur , psal . . aperis tu , manum tuam & imples omne animal benedictione , &c. juxta illud , psal . . spero autem quod ad regnum coeleste me perducet , &c. haec est illa manus de qua exponi potest illud , sap. . justorum animae in manu dei sunt . illa est illa manus dei fortissima quae daemones prostravit , propter ▪ quod omnes angeli eam benedixerunt . sap. . haec est manus dei , quae protegit unumquodque devotum , cui inquit dominus , isa . . sub umbra manus meae protexi te . de qua etiam scriptum est , non est abbreviata manus domini , scilicet , ad subveniendum nobis , &c. sicut in manu sunt quinque distinctiones digitorum , sic in ipsa sunt quinque effectus gratiarum . beata maria est nobis tanquam pollex , à pollendo , eo quod prae caeteris pollet virtute et potestate est tanquam : index , quia sapienter viam quae ducit ad patriam supernam nobis ostendit : est tanquam digitus medius , quia tanquam mediatrix nos deo reconciliat : est etiam tanquam digitus medicinalis , quoniam vulnera peccatorum nostrorum sanat : est etiam tanquam digitus auricularis , quia aurem nostri cordis aperit , ut verba dei audiamus : diceus illud , eccles . . qui audit me non confundetur . which he thus seconds : e manus quoque sponsae suae replevit deus gratia in tantum , quod dedit ei potestatem extendendi manus suas super quoscunque peccatores ad se recurrentes , et eorum animas . vnde de illa dicere possumus illud , job . in manu ejus est anima omnis viventis ; et ideo ipsa quae est gratiosissima extendit manum suam in retribuendo , scil . suis servitoribus . psal . . item adjuvat manu sua benedicta suos devotos . vnde ipsa dicit illud , psal . . manus mea auxiliabitur ei , & brachium meum confortabit eum , scil . qui ad meum confugiet patrocinium . dedit quoque sponsus coelestis benedictae virgini , virtutem extendendi manum suam super mare , id est , supra amaricatos et eos consolandi juxta illud , ; psal . . ponam in mari manum ejus , &c. et ideo , o gratiosissima virgo unusquisque tribulatus debet ad te recurrere et dicere cum propheta , psal . . fiat manus tua , ut salvet me . et psal . . . emitte manum tuam de alto , eripe me , ut non infigar . et protinus liberatus dicere poterit cum eodem propheta , psal . . posuisti super me manum tuam , & salvum me fecit dextra tua . o manus beatissima sanctissimae virginis , quibus spero deduci ad locum aeternae foelicitatis . vnde de ejus benignitate confisus , dicam cum propheta , psal . . illuc manus tua deducet me & tenebit me dextra tua . et iterum confidenter dicam , cara speranza mi a tu sey purquella per cui spero anchora esser electo ; eandare al celo alume de tua stella . o manus benedictae sponsae coelestis , de qua dici potest illud , quod inquit david de manu dei , psal . . a peris tu manum tuam & imples omne animal benedictione . o igitur peccator bonum novum , o peccatrix optimum novum , non diffidas , non disperes , etiamsi commisisti omnia peccata enormia , sed confidenter et secure ad istam gloriosissimam dominam recurras : invenies enim eam in manibus plenam curialitate , pietate , misericordia , gratiositate , et largitate ; plus enim desiderat ipsa facere tibi bonum , et largiri aliquam gratiam quam tu accipere concupiscas . vnde illi inquit bern. ave gratia plena . in ventre , gratia divinitatis ; in ore , gratia affabilitatis ; in corde , gratia charitatis ; in manibus , gratia misericordiae , et largitatis . yea they attribute not only divine omnipotency , but deity it self to her , to protect , rescue all her servants who implore her ayd . hence f horatius turselinus the jesuit , writes ; matrem quippe suam praepotens ille deus divinae majestatis potestatisque sociam ( mariam ) quatenus licuit , adscivit . huic olim coelestium mortaliumque principatum detulit : ad hujus arbitrium ( quoad hominum tutela postulat ) terras , maria , coelum , naturamque moderatur . hac annuente , et per hanc divinos thesauros mortalibus , et coelestia dona largitur ; vt omnes intelligant , quicquid ab aeterno illo augustoque bonorum fonte in terras profluat , fluere per mariam . whom g arnoldus carnotensis thus seconds ; constituta quippe est super omnem creaturam , &c. et filii gloriam cum matre non tam communem judico quam eandem . h bernardinus de busti out of his zeal to the virgin mary , not onely followes , but outruns them ; tanta est gloria virginis matris dei , quod tantum excedit in gloria naturam angelicam & humanam simul junctam , quantum circumferentia firmamenti excedit in magnitudine suum centrum , cum intelligatur in filio suo , se quasi alterum ipsum deitate vestitum . ipsa dei mater de omnipotentia filii sui , cui est innixa quantum vult sibi assumit . yea , i cum deus est pater rerum creatarum , maria est mater rerum creatarum . deus illum genuit , per quem sunt omnia facta ; maria illum genuit , per quem sunt omnia refecta & salvata . sicut ergo deus sua potentia cuncta patrando pater est et dominus omnium ; ita beata maria suis meritis cuncta reparando , mater est et domina rerum . per has ergo rationes impossibile est , ut aliquis homo ad eam conversus , et ab ea respectus damnetur , quia ipsa genuit eum per quem mortua revivunt , et per quem homines ex peccato salvantur . ipsa ergo est mater justificantis et justificatorum . ipsa mater salvantis et salvandorum . quomodo ergo desperemus cum salus sive damnatio , ex boni fratris et bonae matris pendeat arbitrio ? besides , their canonized saint and cardinal k bonaventura , in his antiscriptural psalter , thus metamorphoseth lord into lady , or mary , in all these sacred psalmes of david , relating to god the lord , his protection or deliverance from enemies , or other dangers ; as psal . . beatus vir qui intelligit nomen tuum maria , gratia tua animam ejus comfortabit . psal . . quare fremuerunt inimici nostri & adversum nos meditati sunt inania ? protegat nos dextra tua mater dei , ut acies terribiliter confundens et destruens eos . psal . . domina quid multiplicati sunt qui tribulant me ? in tempestate tua persequeris et dissipabis eos . psal . . cum invocarem , exaudisti me domina , & è sublimi solio tuo mei dignata es recordari . a rugientibus praeparatis ad escam & de manibus quaerentium me liberabit gratia tua . quoniam benigna est misericordia & piet as tua in omnes qui invocant nomen sanctum tuum . psal . . verba mea auribus percipe domina , &c. converte luctum nostrum in gaudium , & tribulationem nostram in jubilationem . corruant ante pedes nostros inimici nostri , virtute tua eorum capita conterantur , &c. psal . . domina mea in te speravi , de inimicis meis libera me domina ▪ conclude or a leonis & labia persequentium constringe . non moreris propter nomen tuum facere nobis misericordiam tuam , splendor vultus tui fulgeat super nos , ut servetur conscientia nostra , apud altissimum . si persequitur inimicus animam meam domina adjutorio tuo conforter , ne vibret gladium suum contra me . psal . . vsque quo domina oblivisceris me , & non liber as me in die tribulationis ? vsque quo exaltabitur inimicus meus super me ? potentia virtutis tuae contere ipsum , &c. magnificamus te gratiae inventricem , per quam saecula reparantur , &c. psal . . conserva me domina , quoniam speravi in te , &c. psal . . exaude me domina in die tribulationis , &c. psal . . ad te domina levavi animam meam . psal . . adte dominam clamabo , &c. miserere mei in die angustiae meae , et in luce veritatis tuae libera me , &c. psal . . in te domina speravi , non confundar in aeternum ; in gloria tua suscipe me . tu es habitatio mea , & protectio mea , &c. educas me laqueo , quem absconderunt mihi , quoniam tu es adjutrix mea : in manus tuas domina commendo spiritum meum . psal . . benedicam dominam in omni tempore , &c. in periculis , in rebus dubiis invocate eam , et in necessitatibus invenietis auxilium . psal . . domina , in nomine tuo salvum me fac , & ab inimicis meis libera me , &c. psal . . domina , in adjutorium meum intende , &c. miserere servorum tuorum , super quos invocatum est nomen tuum : ( it seems they are now marians , not christians . ) psal . . in te domina speravi , non confundar in aeternum , sed in tua misericordia libera me . psal . . qui habitat in adjutorio matris dei , in protectione ipsius commorabitur , &c. clamate ad illam in periculis vestris & flagellum non appropinquabit tabernaculo tuo . psal . . qui confidunt in te mater dei , non timebunt à facie inimici . psal . . de profundis clamavi ad te dominam , domina exaude vocem meam . fiant aures tuae intendentes , &c. psal . ecce nunc benedicite dominam , omnes qui speratis in nomine sancto ejus . psal . . eripe me domina ab omni malo , & ab haste inferni defende me . psal . . oculi nostri sperant in te domina . and then they thus laude her for her deliverances of , and mercies to them ; laudationem tuam loquitur lingua mea , & benedicam te in saeculum saeculi . psal . . lauda jerusalem dominam ; glorifica illam etiam ô sion . ipsa enim construit muros tuos , & filios tuos benedicit , gratia sua te impinguat pacemque donat terminis tuis . hence l st. bernard , and our robert holkot out of him , assure their auditors ; ipsa maria est praeclara & eximia stella super hoc mare magnum & spaciosum necessario sublevata , micans meritis , illustrans exemplis . o quisquis te intelligis , in hujus saeculi profluvio magis inter procellas et tempestates fluctuare quam per terram ambulare , ne avertas oculos a fulgore hujus sideris si non vis obrui procellis . si insurgant venti tentationum , si incurras scopulos tribulationum , respice stellam , voca mariam . si jactaris superbiae undis , si ambitionis , si detractionis , si aemulationis , respice stellam , voca mariam . si iracundia , aut avaritia , aut carnis illecebra naviculam concusserit mentis , respice ad mariam . si criminum immanitate turbatus , conscientiae fidelitate confusus , judicii horrore perterritus ; barathro incipias absorberi tristitiae , desperationis abysso . cogita mariam . in periculis , in angustiis , in rebus dubiis mariam cogita , mariam invoca , non recedat ab ore , non recedat a corde ; & ut impetres ejus orationis suffragium , non deseras conversationis exemplum . ipsam sequens non devias , ipsam rogans non desperas , ipsam cogitans non erras , ipsa tenente non corruis , ipsa protegente non metuis , ipsa duce non fatigaris , ipsa propitia pervenis . m robert holkot out of cassiodorus subjoyns ; tu patrona humani generis , tu afflictis reis medicina singularis . quis tuo non egeat munere cum sit peccare commune ? et ideò non in armis nostrarum virtutum confidamus , sed in issius virginis gratia , in qua est omnis spes vitae et virtutis : qui intuetur illam permanebit confidens . studeamus ergo scutum nostrae orationis ipsius imagine exornare , et pondus nostrae deprecationis sibi imponere ; nam quicquid filio suo offert necessario acceptum est . et ideò dicit bernardus super missus est , crede frater , quicquid illud est , quod deo offerre paras , mariae commendare memento , ut eodem alveo ad largitorem gratiae gratia redeat quo influxit . ergo orationem nostram duo debent complere , christus videlicet et maria ; habemus ergo nomen et verbum pro nostra oratione servanda ; virgo benedicta ab aeterno praedestinata , praesanctificata et dei filio consecrata , et cunctis creaturis superposita . hence n st. bernard thus excites all persons to reverence , extoll , and resort upon all occasions to her ayde and mercy ; sileat misericordiam tuam virgo beata , si quis est qui invocatam eam in necessitatibus suis sibi meminerit defuisse . nos quidem servuli tui caeteris in virtutibus congaudemus tibi , sed in hac potius nobis ipsis . laudamus virginitatem , humilitatem miramur , sed misericordia miseris sapit dulcius , misericordiam amplectimur charius ; recordamur saepius , crebrius invocamus . haec est enim quae totius mundi reparationem obtinuit , salutem omnium impetravit . constat enim pro universo genere humano fuisse sollicitam , cui dictum est , ne timeas maria , invenisti gratiam , utique quam quaerebas . quis ergo misericordiae tuae , o benedicta longitudinem & latitudinem , sublimitatem & profundum queat investigare . nam longitudo ejus usque in diem xovissimum invocantibus eam subvenit universis . latitudo ejus replet orbem terrarum , ut tua quoque misericordia plena sit omnis terra . sic & sublimit as ejus civitatis supernae invenit restaurationem , & profundum ejus sedentibus in tenebris & in umbra mortis obtinuit redemptionem . per te enim coelum repletum , infernus evacuatus est , instauratae ruinae coelestis hierusalem , expectantibus miseris vita perdita data , sic potentissima et piissima charitas , et affectu compatiendi et subveniendi abundat effectu : aeque locuples in utroque . ad hanc igitur fontem sitibunda properet anima nostra . ad hanc misericordiae cumulum tota sollicitudine miseria nostra recurrat . ecce jam quibus potuimus votis ascendentem te ad filium deduximus , & prosecuti sumus saltem à longe , virgo benedicta : sit pietatis tuae ipsam quam apud deum gratiam invenisti notam facere mando , reis veniam , medelam aegris , pusillis corde robur , afflictis consolationem , periclitantibus adjutorium et liberationem sanctis tuis precibus obtinendo . as they thus fly and pray to mary , for grace , mercy , ayde , help , protection , deliverance in all their dangers and distresses , so they ascribe to her alone the praise and glory of all their preservations in , and deliverances from all infirmities , dangers , perils , all victories over their enemies , corporal or spiritual , private or publick , not to god or jesus christ ; as you may read at large in the postils , sermons of our lady , monkish historians , and in bernardinus de busti his mariale , pars . sermo . pars . sermo . de coronatione , pars . michael lochmair , sermo . & . s. brigittae revelationes , lib. . c. . b. c. lib. . c. , , , , . lib. . c. , , . & revelationes extravagantes , c. . genebrardi chron. p. . yea they confidently assure us , that not only men , women , and children have been rescued from enemies , but even * parrots and speaking birds , from eagles , and hawks , by invoking mary , and saying ave maria , the ayder of all creatures in their miseries , as well as of men . to instance in some few examples , o baronius and spondanus assure us , that precibus sanctissimae dei genetricis & auxilio , constantinopolitana civitas ab obsidionibus saracenorum & ingentibus periculis saepissimè liberata est , non ob aliam causam quam quod celeberrimus illic esset ejusdem cultus & quod ei civitas olim fuisset dedicata . hence johannes zemisca imperator constantinopolitanus , anno dom. . & johannes comnenus imperator , anno . having obtained great victories over the bulgarians , turks , scythians , and other enemies , ope dei genetricis mariae , ( as they story baldwin did over the saracens the same year in the holy land ) in gratiarum ejus actionem , ( as to the goddesse of victory ) imaginem beatae mariae magnificentissimo currui impositam , ut civitatis patronae , constantinopolim deduxerunt ; the first of them , equo albo vectus , the latter of them , pedes currum pr●●cedens , as they relate out of curopolites and nicetas . ejus quoque auxilio pelagius rex asturium in hispania , exercitum . saracenorum fugavit , & . eorum cum duce occidit , cujus ideo memoriae spelunca illa famosa , dicta sanctae mariae de covodouga , dicata est . p anno . pope gregory the . ordered the image of the virgin mary , painted as they say by st. lukes hand , to be carried about in procession in rome , to free the romans à peste inguinaria ; with which they had been long afflicted and wasted ; et ecce tota aeris infectio ( as the chronicle of bromton informes us ) & turbulentia imagini cedebat , ac si ipsam imaginem fugeret , & ejus praesentiam ferre non posset , sed post imaginem mira serenitas & aeris puritas remanebat . tunc in aere ( ut serunt ) auditae sunt voces angelorum canentium ; regina coeli laetare , allelujah ; whereupon the plague was stayed by her mediation : upon which account , in time of pestilence they thus specially pray to her for preservation and deliverance from it ; q o gloriosa stella maris , a peste succurre nobis ; and give thanks to her for their deliverance from it . yea our leycestrensis and r henricus de knyghton story , that in the reign of king william rufus , quidam clerici itinerantes tempestat● fulguris , in nocturno discutiente cecinerunt , ave maris stella , &c. & cum pervenerint ad hunc versum , monstra te esse matrem ; beata virgo quoddam velum super ipsos expandit , sub cujus umbra securi donec transiret tempestas permanerunt . the like they relate of other clerks in gascoign , anno . i omit all other presidents of later times , mentioned by ſ dr. beard . ly . whereas psal . . . psal . . . psal . . . psal . . . psal . . ; . psal . . psal . . . psal . . . psal . . . psal . . . isa . . . c. . , . c. . , , , . c. . . c. . , . c. . , . c. . , . c. . . c. . c. . , . luke . . gal. . . c. . . rom. . . cor. . . ephes . . . col. . . hebr. . , . per. . . rev. . . tit. . . ephes . . . cor. . , , . col. . . and other scripture texts , make jesus christ the only restorer , repairer , reconciler , and redeemer of mankind , they from the third letter in her name , r. conclude ; t per r. significatur , quod ipsa est restauratrix , & reparatrix , ac reconciliatrix , yea salvatrix nostra too ; quia ita reparavit genus humanum , ut nunc sit fortius quam esset ante . reparari autem dicitur , quod est totaliter perditum vel diminutum . de hoc autem beneficio , a dei matre recepto , loquens aug. in sermone de nativitate virginis , inquit . mater generis nostri poenam intulit ; genitrix domini nostri salutem attulit mundo ; auctrix peccati eva , auctrix meriti maria : eva occidendo obfuit , maria vivificando profuit ; percussit illa , sanavit ista . haec est beata illa maria quae totius orbis reparationem et liberationem obtinuit , salutemque hominum impetravit . to which they adde , u that mary hath a just title to the dominion and soveraignty of the world , ratione emptionis , quia cum filius suus emerit & redimerit humanum genus , ipsa ad hanc redemptionem faciendam est multipliciter operata , precium scilicet redemptionis ministrando . beata virgo fuit assumpta domino in salutis auxilium et regni consortium et adjutorium ; juxta illud , gen. . faciamus ei adjutorium simile sibi . nam fuit etiam perticeps passionis pro genere humano , quoniam omnibus discipulis & ministris fugientibus sola sub cruce constitit , & vulnera quae filius corpore , ipsa corde suscepit . vnde & tunc gladius ipsius virginis animam pertransivit . hence their grand seraphical doctresse x st. briget , to whom christ himself ( as they report ) sent a special angel to reveal and preach the excellencies of the virgin mary , in her sermon dictated by this angel , informs us , that although three flames of charity to redeem the lost world , shined forth most brightly in the three persons of the trinity , and radiantly shined to all the angels and creatures in heaven , ex hoc tamen humani generis redemptio secundum aeternam dei praeordinationem venire non poterat , antequam maria esset genita , in qua tam fervens charitatis ignis accendi debebat , quod ejus odorifero fumo sublimius ascendente , ignis qui in deo erat seipsum in eum infunderet , et per eam huic frigescenti mundo illabaretur , to excite him to save and redeem it . and in her y revelationes extravagantes , cap. . she relates , that christ himself revealed to her , vrbs , humana creatura quam diabolus quadruplici peccato obsedit , ( in their mother eve ) quodammodo liberavit mater mea sanctissima , quando voluntatem suam totam dimisit in manus meas , et mallet omnem tribulationem pati ad hoc ut animae salvarentur . propter hanc igitur voluntatem , ego deus ad aeterno filius dei factus sum homo in virgine , cujus cor erat quasi cor meum . et ideo bene dicere possum , quod mater mea ( in the first place ) et ego , quasi cum uno corde salvavimus hominem : ego patiendo corde et carne , ipsa cordis dolore et amore . which mysterie and article of the new roman creed , is thus further revealed and published to the world by their aretinus , in his book de arcanis catholicae veritatis , p. . z adam following sinne incurred death , but the glorious virgin and her son being no partakers of adams sinne , and altogether free from original sinne , of right were to be impassible and immortal ; but for as much as the death of christ was needfull for the redemption of mankind , therefore it was necessary that the body of christ should be passible and mortal ; and so likewise the immaculate virgin being to bear a son passible and mortal , which was to be one flesh with her , and that could not naturally be , if she were impassible and immortal , therefore she was also necessarily mortal , and so both the mother and the son dyed . the death and passion of christ and the holy virgin , was for the redemption of mankind : it was impossible she should have dyed before the passion of her son. another reason is , that she also might come between , and be a mediator between god and us , for the remission of sinne , to remove that which came between god and adam when he committed it . thus they joyn mary in the very work of redemption with christ , in point of doctrine ; and thereupon invoke her as their restorer , repairer , reconciler , and redeemer , in their publick prayers and private devotions , as i have * already evidenced in her title of mediatrix . ly . whereas the scriptures resolve , that jesus christ is the only true light of the world , inlightning all the world with the saving light of his grace , and splendor of his glory , being the light of the gentiles , church and his people ; john . . to . c. . . isay , . &c. c. . . c. . . ps . . . lu. . . acts . . rev. . . the pontifician seraphical doctors from i. the th letter in her name , thus proclaim and extoll her to be the only light and illuminatrix of the church . a quarta litera nominis ejus est i , per quam significatur , quod ipsa est illuminatrix nostra , quos in officio & omni virtute illuminat , &c. ut verificaretur in illa illud psalmi , in lumine tuo videbimus lumen . et illud lu. . lumen ad revelationem gentium , & gloriam plebis tuae israel . cui nascenti dixit deus illud , isa . . dedi te in lucem gentium , ut sis salus mea usque ad extremum terrae . ideo ipsa inquit , eccl. illuminabo omnes sperantes in domino . hence they stile , and magnifie her , as stella matutina , stella maris , sol nunquam occidens , occasum nesciens , luna rutilans , sydus lucem pariens , candor lucis aeternae , stella illa nobilis ex jacob orta , cujus radiis universum illumina●mundum , cujus splendor in supernis fulget , et inferis penetrat , terras etiam perlustrans , & calefaciens mentes magis quàm corpora . b tu vallem lachrymarum tenebrosam scil . mundi illuminas , errantes reducis , et peccatoribus iter quo ad coelestem patriam pervenire possent ostendis . tu parens restaurativa omnium creaturarum . tu stella matutina quae christianos navigantes per mundi pelagus ad portum salutis adducis et dirigis . to which they accumulate , mariae praesentia totus illustratur orbis , adeo ut ipsa coelestis patria clarius rutilet virgineae lampadis irradiata fulgore . comparing her to the sun , moon , . stars , planets in all respects ; and making her the very brightnesse , splendor , glory of heaven , earth , and all creatures in them : whence they salute her with an ave stella maris , stella matutina , stella fulgentissima , and the like . ly . whereas god himself hath advanced jesus christ to his own right hand , there to appear in his presence for us , as our only advocate , and to make perpetual intercession for us to his father , as isay . . rom. . . heb. . . joh . , . and other sciptures resolve ; the church and popes of rome , who will admit no women publickly to preach or plead as advocats in any of their courts , have yet constituted the virgin mary the principal , best , diligentest , learnedest , if not only advocate of their church , & all roman catholicks , yea of all lost mankinde , investing her in this chief branch of her sonnes priesthood , and making their addresses chiefly to her , to the grand dishonour of her son , if not of all their other invoked , canonized saints . vpon which account , c bernardinus de busti asserts , mariam fabricavit deus ut nostrae indulgentiae subveniret ; quia boni iudicis officium est assignare advocatum orphanis et miserabilibus personis . ideo deus omnipotens videns miserabilitatem humani generis , tanquam bonus iudex vivorum et mortuorum , providit nobis de optima advocata , fabricando hanc sapientissimam virginem , ut apud ipsum pro nobis continue intercederet , et causas nostras peroraret . vpon which account he introduceth the blessed virgin at the time of her assumption into heaven , thus speaking to the quire of seraphins , ( the highest order of angels nearest to gods throne , inviting her to reside in their company . ) filius deus meus et homo super omnes angelicos ordines meritò elevatus , non habet ibi * societatem sibi quo ad humanitatem : et adeò sicut ego in mundo fui ei socia in tribulationibus , ita etiā ei debeo associari in consolationibus . et sicut ille ibi ascendit , ut continuè appareat vultui dei pro hominibus , heb. . ita ego debeo ibi ascendere , ut appaream vultui ipsius filii pro peccatoribus , et sic humanum genus habeat semper ante faciem dei adjutorium simile christo ad procurandam suam salutem . vnde sancta mater ecclesia in oratione secreta vigiliae meae assumptionis orat deum , dicens ; munera nostra domine apud clementiam tuam dei genetricis commendet oratio , quam de hoc seculo transtulisti , ut pro peccatis nostris apud te fiducialiter intercedat ascendam igitur super vos , ad patrem meum & patrem vestrum , & deum meum , & deum vestrum , to execute this my advocates office for mankinde . whence he avers , d ipsa semper stat coram deo ad intercedendum pro nobis , sicut promisit eccl. . dicens ▪ vsque ad futurum seculum non desinam ; id est , usque ad diem judicii non cessabo interpellare deum pro vobis . misericordiam habuit in ore pro salute mundi apud deum invocando et intercedendo : et in opere conferendo iniserationis auxilium , universaliter omnibus et ubique ; et in omni necessitate atque temporibus . this he proves beyond contradiction , from a , the th . and last letter in her name maria , in this manner . e quinta litera nominis beatae virginis est a , per quam significatur , quod ipsa esse advocata nostra ; yea , humani generis advocata , quae non sustineret repulsam ; quoniam antem homo habens aliquam causam cum habet sapientem & bonum advocatum , potest sperare quod de sua causa victoriam reportabit , & consequenter citò jus su● obtinebit , ( for which he quotes several canonists . ) hanc ergo dignissimam advocatam habentes laetari debemus & exultare , quod ipsa causas nostras coram deo assumens , ipsas sapienter incipit : inceptasque multis allegationibus defendit , et defensas ad prosperum finem deducit . primo enim sapienter incipit , captando benevolentiam in exordio , quod est proprium boni advocati , quod quilibet bonus oraton debet in exordio reddere auditorem attentum & benevolum . secundo , insinuat nostram miseriam . & ideo ultimo petit dei misericordiam . ideo figurata est per illam muli●●em sap●entissimam , quae dixit ad david , reg. . sicut angelus domini sie & dominus meus rex , ut nec maledictione nec benedictione moveatur . deus enim est tantae bonitatis , quod nec nostris benedictionibus extollitur , nec nostris peccatis & malédictionibus movetur . deinde subdit , omnes morimur , & quasi aquae dilabimur quae non revertuntur . secundò , causas nos●ras multis allegationibus defendit . primo , sapientiae verbo non nimis prolixo , sic solent facere advocati , dicentes judici , dicam unum verbum pro causa mea , & postea multa dicunt . ipsa ergo advocat nostra compendiosis & sensu plenis sermonibus animum judicis coelestis ad suum votum inclinat . ideo significata est per abigail , cui dixit david , ( reg. . ) benedictum eloquium tuum , & benedicta tu quae prohibuisti me ne ulciscerer me manu mea ; ecce audivi vocem tuam , & honoravi faciem tuam . secundo , advocata pietatis signo vnde . bernardus super cant. ait , o homo , securum accessum habes ad deum , ubi habes matrem ante filium , filium ante patrem : filius ostendit patri vulnera & latus , ma●er ostendit filio pectus et ubera . nulla ergo tibi poterit esse repulsa ubi tot sunt charitatis insignia . tertio , advocat sanctitatis merito , si enim merita aliorum sanctorum pro nobis apud deum intercedant , multo fortius merita illius quae plenitudinem obtinuit meritorum , et gratiarum , habetur lu. . poterant nobis divinam gratiam impetrare . quarto , invocat ardenci desiderio de sideria enim sanctorum sunt intercessiones pro nobis ad deum . non autem ociosa ibi manet , sed in suprema sita poli nos commendat suaeproli pro●●●●●s et justis et peccatoribus subsidia salutis mentis et corporis . tertio pri●cipaliter ipsa virgo causas nostras ad prosperum finem perducit . tunc autem advocatus causam suam ad debitum finem perducit , quando est sollicitus , peritus at que in curiagratiosus , facundus , & gratiosus coram rege & familia regis . fuit ●tttem et est talis advocata nostra ; maria , loquens david deo , inquit , a●titie regina à dexteris tuis . ecce quantae sollicitudinis est et diligentiae , non enim ullam ad horam recedit . sequitur , in vestitu deaurato ; ecce quantae sapientiae . infinitus est thesaurus hominibus . sequitur , circundata varietate ; ecce quantae gratiae ; nam coram rege & ejus famitia in tantum est gratiosa , quod omnes eam circundant , associant et honorant . in coelo enim tot sunt varietates , quot sunt sanctorum ordines , qui tanquam domicelli et domicellae reginam suam actociant , matremque domini sui venerantur . de qua f bernardus , ascendens ergo virgo beata in altam dispensabit ipsa quoque dona hominibus . quid ni daret ? siquidem nec facult as ei deest , nec volunt as ; regina coelorum misericors est . praecessit nos regina nostra , & tam gloriosè suscepta est , ut fiducialiter sequantur dominam se●vuli clamantes ; trahe nos post te in odore unguentorum tuorum currimus . advocata praemisit peregrinatio nostra , quae tanquam judicis mater suppliciter et efficaciter negotia nostra nostra pertractabit . propterea eanit ecclesia in illa antiphona quam dicitur composuiss● joannes dama●●mus dicens , eja ergo advocata nostra , illos tuos misericordes o●ulos ad nos converte , scil . in praesenti nobis impetrans gratiam fil●● t●● , vt in futuro vitam aeternam , amen . hence they pray to this their advocate , g sancta maria succurre miseris , conforta pusillanimes , ref●●●●●ebiles . dra pro populo , interveni pro elero , intercede prodevote foemineo sex● . sentiant omnes t●●●● juvamen quicunque celebrant tuam sanctan nativitatem : assiste parata votis poscentium , et repende dmnibus optatum eff●●●m ; sit tibi studium assidue orare pro populo dei quae nieruisti benedicta praemium praesentis mundi , amen . they further add h virga dicitur beata , maria , primo aurea ; quae significatur per virgam auream hester . ipsaquippe virgo beata deuni iratum placat , quia est nost●● advocata . qanta appellatur virga vigilans , hier. . ipsa enim vigilat super devotos suos , ut custodiat ipsos : et ideo etiam nos debemus vigilantes esse et fe●vidi in devotione e●us . ideo benedicta virgo inquit , prov. . ego diligentes me diligo , & qui nunc vigilaverunt ad me ( in their morning offices , vigils , prayers to me as their advocate ) invenient me : beatus qunaudit me , & qui vig●●●●ad fores meas quotidie ; qui me inveniet , invenierit vitam ; & hauriet salutem à domino : et eos qui diligebunt eam , diligit deus . they further assert i ipsa est humani generis advocata , quae non potest sustinere repu●sam , quoniam apud deum meruit gratiam . ipsa semper stat coram deo ad intercedendum pro nobls , sicut promisit dicens , eccles . . usque ad futurum seculum non desinam ; id est , usque ad diem judicii non cessabo interpellare deum pro vobis . beatissima virgo dicitur centrum coeli ; quia ad ipsam omnes respiciant tanquam ad mediatricem . ipsa quasi luna speciosa & formosa , &c. misericordiam habuit in corde , exhibens maternae compassionis affectum ; et in opere , conferendae miserationis auxilium universaliter omnibus et ubique , atque in omni necessitate et temporiens . whence she told the angels , that they had the custody but of one or two men or cities apeece , ego non tantum unum virum vel mulierem , civitatem seu gentem vel provinciam custodio , protego , & conservo , sed omnes mundi homines , scil . universum orbem , et omnes provincias , civitates et gentes . o sanctissima dei mediatrix e● homin●m ! o●●rtet impleri scriptura , gen. . ub● deus ait , non est bonum hominem esse solum , faciamus ei adjutorium simile sibi . k ipsa etiam pro nobis filio preces fundit , & ubera ostendit ; unde est altera hester , quae apud regem pro nobis assistit . omnes ergo signamus animas nostras devotione illius magui signi , ut sub ejus protectione vivamus secure . item apparuit in coelo tanquam advocata in curia ad interpellandum pro mundo ; unde figurata est in illa sapiente inuliere quae intravit ad david ad interpellandum pro absolone , reg. . yet more , l beata virgo advocando pro nohis coram deo , nos vincere in omni causa facit , et contra daemonum impugnationes et illusio●●● defendit . eloquentiae admirabilitas licet fuerit in multis , cam christicolis quam paganis , in nullo tamen tanta fuit , quanta in magistra ecclesiae catholicae , et advocata nostra virgine benedicta , quae sua dulci facundia imperatorem coeli et terrae iratum pacificavit , et non uni tantum homini ipsi contrario , sed toti generi humano liberationem a morte aeterna impetravit . in tantum etiam aures dei sua●i oratione demulsit , ut illum attraheret a summo coelo usque ad terram , et tam dulciter allocuta est , ut suaserit deo fieri hominem , et tam suaviter cecinit , quod se in filium deus illi donaret . o lingua diserta beatae virginis ! o advocata eloquentissima , quae dicendi virtute et efficacia cyrographum nostrae damnationis de magni dei manibus cadere fecit ! and to make her a compleat advocate , mediatrix , and redeemer for us , equal to her sonne , they assert it as an article of their faith , m fuit beata virgo per gratiam praeservationis atque sanctificationis , concepta & praeservata ab originali peccato , & ab omni actuali culpae , tam veniali quam mortali ; against the expresse resolutions of sundry texts in the old and new testament ; as gen. . . to . psal . . , . psal . . , . psal . . . psal . . , . pet. . , . eph. . , . tit. . , , . chron. . . prov. . . jam. . . john . , . c. . , . kings . . job . . ps . . . eccles . . . rom. . , to . . c. . , to . c. . , to . dan. . , to . neh. . , to . psal . . . ephes . . , to . lu. . , , , , , , , , . acts . . mat. . . isay . , , , , , . gal. . , . c. . , , . rom. . . to . with others ; it being the sole prerogative of jesus christ to be free from original and actual sinne , pet. . . c. . . hebr. . . c. . , , . c. . . rom. . , . john . . c. . . john . . this they endeavour to prove by sundry forged miracles , revelations , miserable perversions of scripture texts ; and reasons forged out of their own whymsical brains , whereof this is one of the principal . k congruum fuit propter intercessionem . congruebat enim advocatam humani generis tanta puritate fulgere , ut nullum peccatum haberet quod ejus conscientiam morderet . now to excite all sorts of persons to apply themselves wholly or principally to her mediation , they assert her advocation , intercession on their behalf to god & her son to be so powerfull , that she never can suffer any repulse , or denyal , but alwayes prevailes in all her sutes and petitions ; whence they in their sermons , postills , missals , primers , offices , hymnes of our ladies joyes , thus chaunt and court her , l gaude splendens vas virtutum , cujus pendens est ad nutum tota coeli curia te benignam & foelicem ; jesu dignam genetricem veneratur in gloria , ave maria. gaude nexu caritatis & amplexu dignitatis , juncta sis altissimo , vt ad votum consequaris , quicquid virgo postularis a iesu dulcissimo ; ave maria gratiae plena . gaude mater miserorum , quia pater secuturum dabit te colentibus , congruentem hic mercedem , et foelicem poli sedem regnis in coelestibus , ave. gaude virgo mater pura , certa manens & secura quod haec septem gaudia non cessabunt , nec decrescent , sed durabunt et florescent , per aeterna secu●a . these joyes of hers were first revealed by the virgin to archbishop becket , ( as m bernardinus de busti relates ; ) who thus rendered the th of them , gaude quod filius meus mihi semper est obediens , et meam voluntatem , et cunetas preces meas semper exaudit . gaude , quod deus semper ad beneplacitum meum remunerat servitores meos in hoc seculo et in futuro . and then they subjoyne this undoubted promise from our lady her self : quicunque cum hiis gaudiis laetando in hoc seculo me venerabitur , in exitu animae suae de corpore praesentiam meam obtinebit , et ipsam animam ab hostibus malignis liberabo , et in conspectu filii mei ut mecum gaudia possideat praesentabo . to this st. bernard , * lochmair , bernardinus de busti , and others , superadd ; de plenitudine ejus accipiant omnes , &c. ( contrary to john . . eph. . , . col. . . which place all fullness in christ alone , who filleth all in all . ) ideo acutius intuemini , quanto devotionis affectu eam a nobis voluit honorari quae totius gratiae plenitudinem posuit in maria. nam si quid spei , si quid gratiae , si quid virtutis in nobis est , er ea novimus redundare . hence their canonized n st. anselme first , and after him o ludolphus saxo carthusianus , p chrysostomus à visitatione cisterciensis monachus , and q henry fitz. simon a jesuit , blasphemously assert , nihil utilius post deum memoria matris ejus : velociorque est nonnunquam salus memorato nomine ejus , quam invocato nomine domini jesu unici filii sui . quare ergo propitior salus in recordatione ejus quam filii sui saepe percipitur ? dicam quid sentio . filius ejus dominus est & judex omnium , discernens merita singulorum dum igitur ipse à quovis suo nomine invocatus , non statim exaudit , profectò id justè facit . invocato autem nomine matris , et si merit a invocantis non mererentur ut exaudiatur , merita tamen matris intercedunt ut exaudiatur . hoc denique usus humanus quotidie probat . ; whereupon anselm concludes his book of her excellency with this prayer to her , wherein he useth these expressions . proculdubio benignissimus filius tuus dominus noster jesus christus erit ad concedendum quic quid voles promptissimus & exaudibilis . fantummodo ergo velis salutem nostram , et vere nequaquam salvi esse non poterimus : siquidem filius tuus ubi volunt atem tuam suae dilectissimae matris magis porrectam adverterit , illuo servat a aequitatis ratione , judicii sui sententiam , sive ad misericordiam inflectendo , sive ad justitiam intendendo pronuntiabit . subveni ergo velis domina piissima , &c. ut filium tuum totius mundi salvatorem , et te ejus reconciliatricem esse veraciter sentiamus . ab initio denique renovationis humanae , omnibus sub tuum praesidium confugientibus hucusque succurristi , & iacirco prae omni creatura omni laude dignissima dici & esse meruisti . eja succurre oramus , ut laus quam per tot secula dignè possedisti , continuo tibi dicat in gratia ipsa qua mundo perdito subvenisti . t●bi ergo nos commendamus , tu procura ne pereamus , &c. a. men . yea m viega the jesuit affirms , maria est nomen tantae virtutis , ut ad ejus invocationem coelum rideat , infernus conturbetur . est illa spiraculum hominis , quia sublato ejus patrocinio peccator vivere diutius non potest : and n alanus de rupe , blasphemo animo & calamo scribit , such is the power of her advocation , that it delivers not only souls out of purgatory , but , etsi tota trinitas jurasset per vulner a christi , se nunquam misericordiam facturam peccatori , maria impepetrabit ; et quod reprobi et praesciti per devotionem rosarii mariae vitam aeternam asse quantur . upon this account they thus further court and extoll the prevalence and benefits of her advocation and fullnesse of all grace . o hinc nos per te haereditamus misericordiam miseri , ingrati gratiam , veniam peccatores , sublimia infimi , coelestia terreni , deum homines , mortales vitam , et patriam peregrini : yea they in their devotions stile her , tu es aqua vitae , de qua dicitur is . . accipe aquam vitae gratis ; sed heu , quia tu conqueri potes de quibusdam indevotis tuis , & dicere illud hier. . me dereliquerunt fontem aquae vivae ; in refusing to own her for their expiation , refrigeration , reconciliation , and redeeming saviour . but to encourage all their seduced catholicks to resort to her as their most potent advocate and mediatrix , they further assert , p ipsa quoque super omnes creatur as est potentissima . licet enim omnes sancti in coelo potentes sint apud deum , tamen ipsa omnes excedit in potentia . nec immeritò . ipsa enim est mater coelestis imperatoris . item , quia sancti sunt potentes apud deum propter merita ; quia unus meruit plus alio , ideo est potentior eo . ipsa autem gloriosa virgo plus meruit sola , quam omnes sancti & ideo ipsa ait , ; eccl. . in hierusalem potestas mea , scilicet , super omnes alios sanctis . sed quid tanta potentia mariae nobis prodest , si illa de nobis non curaret ? sed o christiane , bonum novum nuncio tibi ; sicut maria apud deum omnibus sanctis potentior est , ita et pro nobis apud deum diligentius intercedit et ferventius . et ideo peccator , ne permittas te desperationis barathro demergi , sed confidenter ad istam potentissimam et clementissimam advocatam recurre . ipsa enim omnino tibi succurret quia et poterit . si enim potuit deum facere hominem , et creatorem creaturam , infinitam finibilem , impassibilem mortalem , immensum parvulum , aeternum temporalem , invisibilem et incorporeum visibilem ac corporeum , atque divinam majestatem sub forma servi : et fi suis blanditiis et virtutibus potuit deum trahere de coelo in terram , multo magis et facilius poterit nos trahere de terra ad coelum . o igitur serenissima regina nostra , quia subest tibi cum volueris posse . sap. . ideo miserere omnium quia omnia potes . hence their two grand saints and her devoted servants , q anselm and bernard , with sundry others out of them , speak thus to god himself , quomodo veniam ad te nisi per mariam , per quam venisti ad me ? qui enim per aliam viam vadit , potius de viat quam vadit . and thus to mary her self , sancta maria virgo beata , tu ●ia es per quam homo venit ad deum , et peccator ad veniam , et per quam venit ad peccatorem venia : non enim venit ad gratiam , qui non novit venerare mariam . and no wonder , since they affirm , ſ a tempore quo virgo maria concepit in utero verbum dei , quandam ut sic dicam jurisdictionem seu authoritatem obtinuit omni spiritus sancti processione temporali , ita ut nulla creatura aliquam a deo obtinuit gratiam vel virtutem , nisi secundum ipsius pietatis dispensationem . hinc bernardus devotissimus ait , nulla gratia venit de coelo ad terram , nisi transeat per manus mariae . et hieron . serm. de assumptione , ( falsly attributed to him ) inquit , in christo fuit plenitudo gratiae , sicut in capite influente . in maria vero sicut in collo transfundente . vnde cantic . . de virgine ad christum solomon ait , collum tuum sicut turris eburnea . nam sicut per collum vitales spiritus à capite descendunt in corpus ; sic per virginem a capite christo vitales gratiae in ejus corpus mysticum transfunduntur . vnde iste est ordo divinarum gratiarum effluxus , ut prius à deo influant in christi animam benedictam ; deinde in animam virginis matris deinde in seraphim , & sic successive in alios ordines angelorum & sanctorum . demum in ecclesiam militantem : cum enim tota natura divina , totum etiam scire , posse & velle divinum intra virginis uterum extiterit clausum , non timeo dicere , quod omnis fluxus gratiarum quandam jurisdictionem habuit haec virgo , de cujus utero quasi de quadam divinitatis oceano rivi et flumina emanabant omnium gratiarum , &c. ; vpon which account they addresse themselves to her as their most powerfull , mercifull , learnedest advocate , and meditor between god and man ; craving audience and acceptance even with jesus christ ( our sole advocate and mediator ) and god the father , not for christs own passion , merits , intercession , grace or pity ; but for maryes alone : to which they yet sometimes ( forgetting themselves ) annex the petty merits and intercessions of other inferior saints . i shall cloze up their lady maryes advocateship , and her other offices peculiar to jesus christ , with this cabalistical contemplation and prayer of her most devoted advocate bernardinus de busti , who after many extravagant encomiums of her transcendent excellencies , from the . letters in her name maria , in each of which he hath found out several offices and excellencies peculiar to her , hath made a further discovery of her prerogatives and titles in every letter throughout the alphabet , and turned them into this alphabetical prayer . habet quoque alias innumeras excellentias , quas devotis mentibus contemplandas relinquo ; solummodo aliquas tangam quae incipiunt ab aliqua literarum alp●abeti , sic invocando et orando eam per discursum singlarum literarum . a. advocata humani generis , defende causam nostram , et ora pro nobis . b. benedicta super omnes mulieres ▪ fac nos nos a tuo filio benedici . c. consolatio desperatorum et confortatio eorum , ne permittas nos in desperationis barathrum mergi . d. dulcedo devotorum , fac nos devotionis suavitate repleri . e. excellentissima omnium creaturarum , recommenda nos tuo et nostro creatori . f. fons divinarum gratiarum , sitientibus et arentibus nobis aquas salutares effunde . g. gratiosa dei , angelis & hominibus , fac nos sponso tuo coelesti gratiosos . h. honorificentia populi christiani ; fac nos nitentes esse tuae venerationi . i. imperatrix paradisi , impetra nobis ut efficiamur participes tui regni . k. karismatum dei dispensatrix , paupertatem et mendicitatem nostram subleva . l. laborantium requies et refrigerium , aeternam nobis pausationem praepara . m. mater nostra et dei ; fac nos cum filio tuo fratre nostro conjungi . n. nobilitas mundi , ne dimittas nos peccati ignobilitate confundi . nutrix pupillorum et orphanorum , nobis miseris et orphanis subveni . o. ornamentum vniversi , fac nos virtutibus et bonis moribus ornari . p. pacificatrix discordantium , nos discordes et rebelles tuo nato jubeas concordari . q. quarta hierarchi● praesidens , nos in tertia fac locari . r. regina coeli et terrae , nos tuos servos suscipe . s. spes omnis tribulati , adjuva nos naufragos in hoc mari . t. tutela oppressorum , saevientium in nos iram compesce daemonum . v. vita mundi , fac recludi portas mortis et inferni . n●sque tecum fac deduci in terram viventium . amen . upon serious perusal of all the premises , i conceive all judicious conscientious papists , must be enforced to make the same publick confession and acknowledgement , as * georgius cassander a moderate ingenious learned romanist , ( by command and approbation of the emperors ferdinand the . and maximilian the . his successor ) did about the year of our lord . veruntamen , & illud fatendum est , et multos et magnos errores hoc praetextu intercessionis et meritorum ( sanctorum ) in vulgi animos et mores invasisse ; quibus etiam quorundam doctorum virorum inconsiderata scripta et dicta occasionem et fomentum suppeditarunt , quos imprimis et quidem summa diligentia correctos oportuit : vt ex quibus contrarii errores , totius ecclesiae consuetudinem damnantium , originem duxerunt : quare nisi remotis causis ea quae ex causis efficiuntur , non facile removentur . primus itaque error est , quod impii homines , et in peccatis perseverantes , ac nullam vitae emendationem meditantes , sanctorum intercessioni ac meritis temere confidunt , nec ipsi poenitentia ducti preces suas ad deum adjungunt , quem errorem non uno in loco chrysostomus graviter reprehendit . haec falsa et perniciosa opinio , quantum in vulgus invaluerit nimis compertum est ; existimarunt enim homines improbi , et in sceleribus suis perdurantes , sola sanctorum ( quos sibi patronos diligerunt , et frigidis ne dicam prophanis caeremoniis coluerunt ) intercessione et patrocinio veniam sibi et gratiam apud deum esse paratam ; quae perniciosa opinio , quantum etiam fieri potuit commentis miraculorum confirmabatur . alter error est , quod homines etiam non mali , certos sibi sanctos , tanquam patronos et tutores delegerunt , in eorum meritis atque intercessione plus quam in christi merito fiduciam posuerunt , atque adeo unico illo advocationis christi officio obscurato , sanctos , atque imprimis virginem matrem in illius locum substituerunt . quin et eo ventum est , ut etiam christum jam in coelo regnans matri subjiciatur , &c. yet for all this , the popes and church of rome ( who pretend they cannot erre ) have been so far from purging out in their indices expurgatorii , or suppressing in their indices librorum prohibitorum , these their transcendent blasphemous exorbitant devotions , that they still approve , defend , justifie , reprint , confirme , practise them both in publick and private : yea which is more strange , instead of censuring the compilers and asserters of the premised passages , psalters , houres , offices , crowns , rosaries , postils , prayers , for their intollerable extravagances , blasphemies , idolatries ; wrestings , corruptings most sacred texts in the old and new testament , peculiar to jesus christ as god and man , and the three persons of the sacred trinity , and appropriating them to mary , they not only advanced them to great honours , and ecclesiastical preferments whiles they lived , but have since canonized them for most devout , eminent seraphical saints in their church , and heaven it self , for making the virgin mary the greatest idol in the christian world , and highest invader , usurper of all her sons regal , prophetical , pontifical incommunicable offices , titles , excellencies ; witnesse the preferring , magnifying , and canonizing of a yldephonsus archbishop of toledo in spain , ( one of the first idolizers of the virgin , and asserters of her exemption from the contagion of all original and actual sins ) st. bernard abbot of clareval , and st. anselme archbishop of canterbury , ( his two seconds therein ) st. thomas becket archbishop of canterbury , the author of her joyes ; st. dominick and st. francis , her two grand chaplains , sent out into the world by her special designation , whose orders amongst others , are specially devoted to her service and adoration ; st. bonaventura , made a bishop and cardinal , the compiler of her most blasphemous ladies psalter , who turned the word dominus , attributed to god alone , into domina , and mater dei , throughout the psalmes of david ; st. bernardinus de senis ; their illuminated doctress● b st. briget , ( instructed from heaven by divine immediate revelations from christ himself , and mary the queen of heaven , or angels specially sent by them unto her from time to time ) and their st. catherine of senis , to whom she frequently appeared with her son jesus christ : yea all the freers of st. dominicks order , are not only taken into , and continued in her peculiar service , under her protection whiles on earth , but also sheltred , fostered sub scapulari , capaque decorata coloris sapphirini virginis matris gloriosae ad dextram filii sui sedentis in coelis : sub hoc securitatis tegmento , in hoc pietatis gremio , vidit ille contemplator sublimium et prospector domini secretorum divus dominicus fratrum sui ordinis innumeram multitudinem singularis protectionis custodia , et brachiis amoris peculiaris complexam : when he was rapt up into heaven in spirit ; and there espying many of all other religious orders , near maries and her sons throne , but none of his own ; upon which weeping for grief , as if none of them had been saved , thereupon christ himself with his own hand lift up his mothers coat or mantle , ( tantae capacitatis et immensitatis , quod totam coelestem patriam amplexando dusciter continebat ) and shewed him an innumerable company of his brethren lying in her arms and bosome , under the secure shelter of this her large coelestial coat or mantle , as c st. antoninus archbishop of florence , and d st. briget ( to omit others of lesse authority ) have assured us ; sed audi mirabile , ( addes st. briget in the virgins words , thus complaining to her son of the degeneracy of st. dominicks order , devoted to her service ) dominicus assignavit filios suos sub mantello meo lato ; et ecce pauciores sunt nunc sub mantello meo lato , quàm tunc erant sub scapulari suo stricto . nec tamen omnes vivente ipso dominico habuerunt ovina vellera , & dominicos mores , &c. but i much doubt whether such extravagant magnificats , passages , devotions , practises , adorations ▪ enthusiastical , cabalistical , seraphical postils , sermons , prayers , hymnes , adulations , panegyricks as the premised , will bring any of their authors , practisers , or this chaste virgins adorers , ( especially leacherous freers ) under her very coats , or into her amorous armes and bosome , at christs right hand in heaven ; since they have rather just cause to fear , that christ should thrust them for the same into the very bottom of the bottomlesse pit of hell , being in truth the greatest affronts , contempts , dishonors they can possibly put upon this most humble blessed virgin , or on god the father , son , and holy ghost ; whereby they have changed the truth of god into a lye , and worshipped and served the creature ( mary ) more then the creator , who is blessed for ever , amen ; as * st. paul himself ( the first apostle of the romans , and church of rome ) and st. peter too p●t . . . &c. assures them ; who thus prophesied of these false teachers , and his pretended papal successors : there shall be false teachers among you , as there were false prophets among them , who privily shall bring in damnable heresies , even denying the lord that bought them , and bring upon themselves swift destruction ; and many shall follow their pernicious wayes , by reason of whom the way of truth shall be evil spoken of : and through covetousnesse shall they with fained words make merchandize of you , ( as they do of all the parts of the virgins offices , oblations , images , reliques , crowns , rosaries , masses , psalters ) whose judgement now of a long time lingreth not , and their damnation ceaseth not : they having not only equalized her with , but advanced her in sundry particulars above god the father , son , and holy ghost , and that in point of e divine adoration , as these ensuing particulars superadded to the premises will demonstrate . . as they have f advanced her soul , body , and placed her person on the very throne of the trinity , on gods and her sons right hand in heaven ; g so they have erected , dedicated as many , if not far more churches , chappels , oratories , religious houses , orders , fraternities , societies , brotherhoods of monks , nuns , and other votaries , stiled by her name , for her special worship , adoration , service , honour here on earth , as unto god , or christ her son. ly . they have compiled , published , dedicated not only hundreds of postils , sermons , legends , but of offices , masses , primers , psalters , crowns , rosaries , anthems , hymnes , litanies , liturgies , magnificats , mattens , evening-songs , houres , collects , complins , processions , manuals , and other sorts of prayers , poems , books for her divine worship , service , adoration ; more frequently , fervently , devoutly used in the church of rome , then those relating to the worship of god the father , son , or holy ghost ; especially in our ladies churches of sarum , walsingham heretofore , and our lady at halls , grace , lawrett● , nantvill , aix , sechem , frankvile , paris , ara coeli , st. maries le grand at rome , c●vodo●ga in spain , de p●●ari , caesaraugustae , and sundry other places at this very day ; to whose person , images , pictures , altars they make more prayers , vows , pilgrimages , oblations , and ascribe more miracles , deliverances , then to god the father , or son , as their h histories and experience evidence . ly . they have consecrated every saturday throughout the year to the virgin mary , upon which account i bernardinus de busti informes us , multae meretrices in die sabbati non peccarent propter reverentiam virginis ( taking the more liberty on the lords day ) et multi videntur beatam virginem in majori reverentia habere quam christum filium ejus ( note it ) magis ex simplicitate moti quam scientia . sed quia honor matris redundat in filium . prov. . patientiam habet filius dei in hac quodammodo virorum et mulierum simplicitate . excellent seraphical divinity , much like that of their freer * tecel , who to set forth the glory and prevalency of the popes pardons , ( whereof he was the pedlar ) for the encouragement and comfort of harlots and whoremongers , so far forgot the honour and reverence he should have given ( like these harlots ) to the chaste virgin mary , that he impiously averred , if a man had laien with our blessed lady , the mother of christ , and gotten her with childe , yet the popes pardon was able to set him free from this offence . besides , as if one day in each week were not sufficient for this queen of heavens adoration and honour , they have ex abundanti at several times , by their bulls and canons dedicated no lesse then five grand solemn annual festivals or holy-dayes ; ( to wit , of her k conception , nativity , salutation or visitation , purification , and assumption soul and body into heaven ) to her peculiar worship and adoration ; which are usually more religiously , devoutly , magnificently observed by all sorts of romish votaries , orders , with more varieties of divine services , prayers , hymnes , i itanies , anthems , crowns , aves , postils , sermons , panegyricks , orations , processions , then any dayes or festivals dedicated to christ her son , or god the father , as their postils , psalters , primers , breviaries , missals , rosaries , crowns , offices , houres of our lady , and other books attest . ly . whereas vows are a part of divine worship to be made and performed to god alone , as numb . . . c. . , to . psal . . . psal . . . psal . . . psal . . , . psal . . . isa . . . resolve . whence l aquinas and cardinal m bellarmine assert , votum soli deo fit , as well as oaths and sacrifices : yet the franciscans and dominicans , with other religious orders in the church of rome , when they enter into religion , make their vowes and professions in this forme , as n pere basil a late franciscan informes us ; je frere basile fait vaeu & prom●sse a dieu le pere tout puissant , ( omitting god the son , and holy ghost , like the council of oxford in their excommunications ) a la b. vierge marie , au b. s. francois , et a vous mon pere , ( one motive of his renouncing the roman church and religion . ) and cardinal o cajetan records , in professione fratrum praedicatorum sic vovetur ; voveo deo , et b. mariae , et omnibus sanctis ; on whose reliques they likewise vow and swear , as well as on the evangelists ; whereby they idolize and adore her and their saints as gods , to their and gods dishonour . ly . they call and entitle all their offices , houres , psalters , primers , masses , litanies , crowns , rosaries , anthems , hymnes , prayers , magnificats , churches , chappels , altars made for her publick worship and adoration , by her name alone , as officium , horae , psalterium , missa , litani● , corona , rosarium , ecclesia , &c. beatae mariae , ( not dei , christi , or spiritus sancti ) preferring her before them , and her adoration before theirs , since her name thus gives them both their denomination , forme , and being . in which books of their publick and private devotions it is observable ; . that they have usually , , , or more ave maries , ( besides salves , as * salve sancte parens , salve regina , or mater misericordiae , and other collects , prayers , anthems , litanies ) prescribed to be said to her , for every pater noster they say to god the father ; their maries crown ( as p bernardinus senensis and others inform us ) consisting of . ave maries , and but . pater nosters ; and their rosaries , primers , chaplets , beads , being usually made up with . aves , and . pater nosters ; so as by this computation they adore , worship , invoke , praise and magnifie her at least , , or times more in their publick and private devotions , then they do god the father , son , or holy ghost . yea their devout canonized q st. margaret , said no lesse then a thousand ave maries on every vigil and festival dedicated to the lady mary , as their legends record for her honour , in adoring the virgin a thousand times more then god the son , or father . ly . that in them they usually begin with an ave maria and pater noster said to mary , and alwayes annex an ave maria to the end of every pater noster , as a branch thereof , or necessary appendix to it ; as if they could not possibly adore and pray to god the father in heaven , without adoring , invoking her as their goddesse or mother in heaven ; though christ himself when he r instituted and prescribed the pater noster , never annexed the ave maria to it , which was at first no prayer to , but a meer salutation of her , ſ used only once , not , , or more times together , and that only by an angel specially sent with a message to her from god , not by any men or women without the like message or commission ; and that to her person alone , when present with her on earth , and she amongst women , which they now use only to her whiles absent , and as far distant from them , as the highest heavens are from earth , where they place her ( body and soul ) on the throne of majesty , far above all orders of saints or angels , having no women nor saints in her company ; which aves they utter only to her pictures , images , as if she were present in them . ly . they say and direct their very pater nosters in her offices , hours , crowns , rosaries , &c. to her , as a part of her worship , service , kneeling before her images , pictures , altars , not to god the father , which paters some of their t doctors justifie they may say to her , and other saints too ; whereas u dr. boyes his new mater nostra , ( compiled out of their own authors and offices ) would be far more suitable to her service . ly . that they have many more religious orders of freers , nuns , and other fraternities , sodalities , dedicated to her x worship , adoration , and obliged daily to say her offices , litanies , houres , crowns , rosaries , collects , anthems ; and dedicate , offer more y rich gifts , oblations of all sorts at and to her altars , churches , chappels , orders , images , especially more tapers , candles on candlemas day , and make more pilgrimages to them , then to god the father , son , or holy ghost . ly . they begin their first morning , noon , evening devotions , with ave maries to her majesty , to which they are specially summoned z by ringing an ave mary bell , ( which no interdict can suspend ) as soon as they awake ; about which there happening a long suit in the court of rome between their . orders of frees , which order ought to ring it first each morning , the pope and his conclave at last gravely resolved , by an immutable decree , that that order which first rose every morning , should first ring the ave mary bell , if they pleased . besides , they commit the custody of their souls , bodies , senses , and all they have to her hands , not to gods , first and last each day , by this prayer prescribed them in their publick a offices , houres , and particularly in the beginning of their horaebeatae mariae secundum usum romanum , p. . in manus tuas , ô sanctissima virgo maria , ego indignus peccator ( or servus tuus ) bodie commendo totum corpus meum , & totam animam meam , quinque sensus meos , & totam vitam meam , & omnes actus meos , &c. yea sundry of their monkish and other predicant writers , b begin their sermons , books with an ave maria , salve , gaude maria , or some other addresse unto her ; and end them with laus beatae virgini , instead of laus deo : yea their great historian cardinal baronius , concludes the c first tome of his annals thus ; sanctissimae virgini mariae ( not deo ) ut haec omnia accepta fecimus , ità pariter offerimus : and their grand champion cardinal bellarmine , affixeth this postscript to the d two first tomes of his controversies , laus deo , virginique matri mariae , coupling both of them together , as coequals ; and then adding , deo item iesu christo after her ; and gregorius de valentia the jesuit closeth up his books de missa , & de purgatorio , with laus deo & b. virgini mariae , item iesu christo , ( as e bp morton , and f dr. boyes observe ) setting the cart before the horse , laus mariae virgini , before filio ejus : and no wonder , since almost throughout bernardinus de busti his mariale on her festivals , and most postillers , writers of her excellencies , and in sundry prayers in her letanies , psalters , offices , hours , crownes , rosaries , directed joyntly to mary , and christ her sonne , or god , she is praeponed before them , and first saluted , adored , invoked , and they only in the rear or last place ; more particularly in this prayer of their canonized st. anselm archbp. of canterbury , her devout chaplain , in the end of the last g tome of his works . anselmi nuper praecatio , matri virgini mariae , simul & filii ejus , in which he first invokes her with , sancta & inter sanctos , post deum singulariter s. maria , &c. o mater salutis ! o templum pietatis & misericordiae , &c. confessing the filthinesse of his nature to her with shame and grief , as offensive to her transcendent purity , imploring her pitty ; with , sana ergo clementissima infirmitatem , & dele quae te offendit foeditatem . aufer benignissima languorem , & non sentias quem horris foetorem . sana animam servi tui peccatoris , &c. nunquid tu domina mea mater dei poteris perditum clamantem non curare ? at last he introduceth her sonne , and thus conjoynes the mother and sonne together , as coequals . nonne ille filius hominis venit vocare ad poenitentiam peccatores , & mater dei contemnet precantem in poenitentia ? sed si pariter ambo offensi est is , nonne & ambo clementes est is ? fugiat ergo reus justi dei , ad piam matrem misericordis dei ; refugiatque reus offensae matris , ad pium filium benignae matris . ingerat se reus utriusque inter utrumque . injiciat se inter pium filium et matrem ; pie domine , parce servo matris tuae ; pia domina , parce servo filii tui , quia me injicio inter duas tam immensas pietates , non incidam inter tam potentes severitates . non erubescam quod spero in vobis hanc pietatem . dic mundi iuder cui parcis ? dic mundi reconciliatrix quem reconciliabis ? si tu domine damnas , et tu domina averteris homunculum bona vestra , cum amore , mala sua cum moerore confitentem . but no marvell they thus place the mother before the sonne ; or father , and their lady before their lord ; because , ly . as they have obliterated their name , title of dominus , &c. and thrust in hers of domina and maria insteed thereof throughout davids psalms in their saint bonaventura his psalterium beatae mariae , and bernardinus senensis his officium conceptionis mariae , authorized by their popes bulls ; so it is likewise observable , that in their horae beatissimae mariae secundum usum romanum , antwerpiae . p. . to omit others set forth by authority of their church and popes , they have metamorphosed st. ambrose and their own te deum laudamus , &c. into te matrem dei laudamus , te mariam virginem confitemur . te aeterni patris sponsam , omnis terra veneratur . tibi omnes angeli & archangeli : tibi omnes principatus humiliati serviunt . tibi omnes potestates et supernae virtutes ; tibi omnes coelorum dominationes obediunt , &c. tibi cuncta angelica creatura , delectabili voce proclamabant . sancta , sancta , sancta maria mater dei & virgo , &c. te gloriosus apostolorum chorus , creatoris matrem collaudat , &c. te tota coelestis curia coelorum reginam honorat , te per universum mundum sancta ecclesia invocando celebrat matrem divinae majestatis , venerandum te veram regis caelesti puerperam , &c. tu angelorum domina , tu paradysi janua , tu scala regni coelestis , &c. te ergo poscimus servulis tuis subveni . salvanos populū servorū tuorum domina , ut simus participes haereditatis tuae ; et regenos , & extolle usque in aeternum . per singulos dies o domina te salutamus , et laudare te cupimus in aeternum , devota mente et voce . dignare dulcis maria , nunc & semper sine delicto nos conservare . fiat misericordia tua nobiscum , quia maria in te confidimus ; in te dulcis maria speramus , ut nos defendas in aeternum . ly . in the popish council held at oxford , anno . henry . under stephen langton archbishop of canterbury , ( that arch rebell to king john and his realms , inthralled to the pope by his treasons and rebellions ) the whole council and all the prelates , clergy of england , were so intent upon the priviledges of the church , and honour of the virgin mary , with other saints , that in the very prologue of their canons and excommunications ( agreed upon in that council ) they quite forgot the names of god the son , and holy ghost ; inserting maries and the saints in their steeds ; as our learned bishop f jewel observes , yea all the editions , in g lyndewoode , h johannes de aton , i laurentius surius , and others attest . ex auctoritate dei patris omnipotentis , et beatae virginis et omnium sanctorum , ( not filii , & spiritus sancti ) & praefati concilii , excommunicamus omnes illos qui ecclesias suo jure maliciose privare praesumunt , aut per maliciam earundem libertates infringere vel perturbare contendunt . it seems god the sonne and holy ghost were not present in this council , but only god the father , the virgin mary , and saints , else they could not have been thus quite forgotten . ly . in the litania deiparae virginis ex sacra scripturae desumptae , quae in alma domo lauretana omnibus diebus sabbatis , vigiliarum & festorum ejusdem virginis musicè decantari solent , printed at the end of the instructions and advertisements of dr. gaspar laerte of the society of jesus , ( how to meditate the mysteries of the rosary of the most holy virgin mary , translated out of italian into english ) as they sacrilegiously wrest , apply sundry scripture texts unto her , not meant nor intended of her , and amongst other titles thus stile her , faeminarum restauratio , reparatrix parentum , reparatrix posterorum , mediatrix mundi , auxiliatrix praesens , causa salutis humani generis , advocata nostra , advocata evae , obses fidei nostrae apud deum , scala coelorum , redemptio captivorum , adjutrix destitutorum , solatium mundi , christianorum profugium , spes desperantium , spes unica peccatorum , spes christianorum sanctissiima , laetitia sanctorum , expectatio et proemium bonorum , &c. so they likewise obliterate the usual clauses proper to christ as god , with his name and the title of lord , and thus insert new petitions unto her , insteed of christ , god , the lord , in their litanies . per sanctam nativitatem tuam , per admirabilem annunciationem tuam , per memorabilem purificationem tuam , per gloriosam assumptionem tuam , libera nos , virgo gloriosa , peccatores , ut veram poenitentiam nobis impetrare digneris . resp . te rogamus audi nos . vt societates tibi peculiari obsequio devotas conservare et augere digneris . resp . te rogamus audi nos . vt ecclesiae sanctae cunctoque populo christiano curam & unitatem impetrare digneris . resp . te rogamus audi nos . after which there followes in the breviarie , intercedente beata maria regnum etiam angliae , una cum universis in ea commorantibus ab haereticorum feritate converte ; the like metamorphoses they have made in other parts of their antient liturgies and missals to adore and deifie her instead of god the father , and the sonne . finally , as k cardinal cusanus and others , who assert her to be born without original sinne , write , that she stood in need of no saviour , non indiguit virgo liberatore , qui ipsam absolveret a sententia in adam et in posteros lata , quod ipsa sub principatu authoris mortis nullo unquam tempore fuit . maria non est deleta de libro mortis , quia in ea nunquam fuit , &c. so on the contrary , l bernardinus de busti seraphically and blasphemously averrs , sola benedicta maria plus fecit deo , vel tantum , ut sic dicam , quantum fecit deus toto generi humano . ipsa perfectionibus orbis ultimam perfectionem adduxit , cum ea ipsi universitatis auctori , ut ita dixerim , nonnulla adduxit ; puta aeterno principio inceptionis exordium ; aeternitati divinae temporale periodum , infinitati immensae quantitatem corpoream : ( whence st. briget brings in all the saints praying thus unto her . c o domina benedicta , tuportasti dominum in te . tu domina omnium es : quid est quod non poteris ? quod enim tu vis , hoc factum est , & c.. ) neither rests he here , but elsewhere thus repeats it with additions , and farr greater impudence ; d sed ô virgo gratissima , nunquid tu aliquid fecisti deo ? nunquid vicem ei reddisti ? profecto , si fas est dicere , tu secundum quid , majora fecisti deo quam ipse deus tibi et universo generi fecit humano . volo ergo ego dicere ( such is his in pudence ) quod tu ex humilitate tacuisti : tu enim solum cecinisti ; quia fecit mihi magna qui potens est . ego vero cano et dico , quia tu fecisti majora ei qui potens est . deus namque hominem de limo terrae formavit : tu vero beatissima virgo deum de tuis preciosissimis sanguinibus generasti , et illum purissima carne tua cooperuisti & velasti : item , deus hominem de fructibus paradysi educavit ; & tu ipsum deum pavisti ubere de coelo pleno ; cujus lactis una gutta parvula praevalet omnibus lignis paradysi , fructibusque omnibus totius mundi . deus quoque hominem pellicea induit veste ; et tu virgo gloriosa dei filium tuis panniculis inv●luisti , & postea tunica incensutili induisti , quae praevalet omnibus tunicis mundi . et sic discurrendo probare possum , quod tu virgo dignissima secundum quid , multa ampliora beneficia contulisti christo , quam deus homini in suae creationis primordio . their late e canonized saint bernardinus senensis sings the like magnificat to the virgin ; sola benedicta virgo maria plus fecit deo vel tantum ( ut ita dicam ) quam fecit deus toto generi humano . credo etenim certe quod mihi indulgebit deus , si nunc pro virgine loquar . congregemus in unum quae deus homini fecit , & consideremus quae maria virgo domino satisfecit : ( which he recites , compares , and then concludes : ) reddenda ergo singula singulis , scil . quae fecit deus homini , & quae fecit deo beata virgo , videbis , quod plus fecit maria deo , quam homini deus : vt sic pro solatio dicere liceat , quod propter beatam virginem ( quam tamen ipse fecit ) deus quodammodo plus obligetur nobis , quam nos sibi . good roman catholick blasphemy ! demeriting no lesse then a canonization by the popes and church of rome . neither doth the jesuit f osorius come much short of them . dubitant aliqui , an maria adeò bona mater christi dici debeat , ac bonus est aeternus pater . at verò si duntaxat filium ab utroque genitum attendamus , in nihilo pater excedit matrem . idem enim filius est ab utroque genitus ; et hac ratione mater adeo bona maria est , ac aeternus pater . to which he g elsewhere adds , cui ergo b. mariam comparabimus ? non evae , non sarae , non racheli , nec lunae , nec soli. cui igitur ? plane deo bona omnia continenti . therefore h cardinal bellarmine , had little cause thus to censure luther for this saying ; papistae , inquit lutherus , b. mariam deum constituunt ; omnipotentiam ei tribuunt , omnes se ad eam conferunt , et plus gratiae ab ea expectant , quam a christo iesu . horrenda est haec ejus impostura , &c. quis enim catholicorum uni vero deo , coeli reginam , mariam ullo modo aequavit ? since these thus equallize her to him ; and their own i ludovicus vives confesseth , multi christiani in re hona plerumque peccant , quod divos , divasque non aliter venerantur quam deum , especially the virgin mary ; and their learned bishop k claudius espencaeus assures us , that their christiani vetuli & seniculi , as well as their benè & devotius educati pueri , hodie non minus tribuunt divis quam deo ; qui hunc quam illos minus placabilem aut exorabilem putant ; concluding it with an vtinam mentiar , as a truth beyond denyal . i appeal now to the souls and consciences of all sober judicious pontificians , or roman catholicks , and other ingenuous christians , for whose conviction and satisfaction i have so largely insisted on the premises : . whether the popes , church of rome , with these their seraphical doctors , saints , predicants , whiles they thus over-advance , extoll the virgin mary , have not thereby in a great measure dethroned , ungodded ( if i may so speak ) both god the father , son , and holy ghost , and advanced this their lady , queen , empresse , goddesse of heaven and earth above them , adoring her with , yea investing her in all their divine attributes , titles , offices ; adoring , extolling , honouring , invocating , serving her farre more then all or any of their sacred persons , equallizing her with them in all respects , and making , stiling her a goddesse , yea dea dearum , as they directly stile her ; not to her honour or her sons ; but to hers and his a great dishonour , and reproach ; as b george cassander resolves , hoc non est filium honorare , sed potius filio contumeliam facere . ly . whether they are not herein guilty , ( as b mr. fox , c b p jewel , d dr. rainolds , e bishop morton , and others assure us ) of most transcendent blasphemie , execrable idolatry , and more apparent wresting , perverting , altering , corrupting innumerable texts of sacred scripture , then any former hereticks in the christian church ? against deutr. . . c. . . josh . . . prov. . . rev. . . pet. . . ly . whether the romanists in invocating , adoring , crying to the virgin mary as aforesaid , and other saints , be not more brutish then the very brute beasts of the field , young lions , and ravens , who both look up , and cry , seek to god alone ( their creator , not to any saint or creature ) for every thing they want , as these scriptures resolve ; psal . . , , , , . ps . . , . the young lions roar after their pray , and seek their meat from god the eyes of all creatures in the sea and earth , ; both small and great beasts , fish and creeping things ( as well as men ) wait all upon god , that he may give them their meat in due season ▪ &c. thou openest thy hand and fillest the desire of every living thing . joel . . o lord the beasts of the field cry also unto thee . jon. . . let man and beast be covered with sackcloth , and cry mightily unto god. psal . . . god giveth to the beast his food , and to the young ravens that cry , ( to him for it . ) job . . who provideth for the raven his food , when his young ones cry unto god : whence the psalmist , psal . . , . exhorts beasts and all cattel , creeping things and flying fowls , ( as well as angels , kings of the earth , and all people , high or low , young and old , males and females ) to praise the name of the lord ( a part of divine adoration and prayer ) for his name alone is excellent , his glory above the earth and heavens : not the virgin maries , as they assert ; & psal . . . let every thing that hath breath ( as well beasts , fowls , fishes , and creeping things , as men ) prayse the lord ; not our lady , as * bonaventure hath blasphemously perverted it . ly . whether they be not more sottish , stupid herein , then the very worst of pagan idolaters , who by the light of nature never prayed to any saint , angel , creature for help in time of trouble , nor adored any thing , but what they really believed to be a god , and their god , able to help and save them . hence plato in his alcibiades . de oratione ad deum , legum dialog . l. . & . and in his definitiones philosophorum rerum , resolves ; that god only is to be adored , sacrificed and prayed to in publike and private ; defining , sacrificium est donum victimae deo . praecatio est petitio bonorum , aut quae bona videntur hominibus à deo . the like saith cicero in his books de natura deorum ; ovid. fastorum lib. & tristium , l. . eleg. . virgil. aeneid . l. . homerus , iliad . l. . terentius phormion . act. . scen. . dionysius halicarn . antiqu. rom. l. . pa. . plutarchi , numa pompilius , pindarus , euripides , sophocles in their poems , diodorus siculus , alexander ab alexandro gen. dierum , lib. . cap. . and other heathen authors attest ; whence jonah , . when god sent a mighty tempest , so that the ship wherein jonah fled from tarshish was like to be broken ; the heathen mariners being afraid , cryed every man to his god ; yea the shipmaster comming to jonah ( who lay fast asleep ) said unto him , arise , call upon thy god , if so be that god will think upon us that we perish no● . after which , ver . . they cryed unto the lord , and said , we beseech thee o lord , we beseech thee let us not perish , &c. so jonah . . the king and people of niniveh proclaiming a fast , prescribed , that both man and beast should cry mightily unto god. the psalmist assures us , psal . . , , , , . that all sorts of men in their affictions , and all that go down to the sea in ships , ( like the mariners in jonah ) do then cry unto the lord god in their trouble , and storms ( not to any saint , angel , or other creature ) and he bringeth them out of their distresses . thus the priests of baal cryed and prayed unto baal to hear them , as to their god , kings . , , , . thus the idolaters transplanted from assiria and other countries to samaria , being destroyed by lions , made and served several gods of their own , and yet feared the god of the land , kings . . to . so the * israelites revolting to idolatry , cryed and offered incense only unto the new gods they had chosen , to save them in the time of trouble , which they could not do . yea the most sottish idolater , who planted , watered a tree , burnt one part thereof , and made the residue a god , fell down unto it , worshipped and prayed unto it , ( upon this account alone that , he beleeved it to be his god , ) saying , deliver me for thou art my god , isa . . . yea cyrus and artaxerxes , two heathen kings , prescribed prayers and sacrifices to be made unto the god of heaven for their lives , and the lives of their sons , ezra . , . c. . . and the athenians erected an altar to the * unknown god they ignorantly worshipped . as the a scriptures are expresse , that god only is to be adored , worshipped , prayed to ; that the apostles , saints in the old and new testament never made any prayers or supplications to any angel , saint , but god alone ; yea christ himself in the lords prayer instructed his disciples to pray only to god , no petition or clause of that exact pattern of prayer being communicable to any angel , creature but only to god : so the roman historians and poets , as b tacitus annal. l. . c. . l. . c. . seneca de consolatione ad polybium , c. , . martial epig. l. . epig. . l. . epig. . l. . epig. . l. . epig. . c. plinius secundus , epist . l. . epist . , , , . panegyr . trajano dictus , p. , , , , , , , . iulius capitolinus in vita antonini pii , p. . aelius lampridius , p. , , , to , , in the lives of antoninus d●odumenus , & alexander severus , iulius capitolinus , p. , , , , , , , , , &c. , , . & flavius vopiscus , p. , to . record , that the pagan romans prayed only to their gods , and none else , for the lives , safeties of their emperors and others ; yea reputed prayer a divine worship , adoration , peculiar only to the gods , and incommunicable to any others . if therefore the roman church , popes , beleeve not mary and other saints to be real gods ; and yet invoke , adore her or them as their only ayders , protectors , saviours , deliverers in their distresses ; they are farre more sottish , idolatrous , then the very bruits and sottishest pagan idolaters , there being no president in the old or new testament , of any prayer made to angels , or saints departed , or other creature , but unto god alone , or what was reputed to be a god , who c knew , searched the very secrets of their hearts , and was able to save and deliver them in their extremities ; which none but the true god alone can do : now whereas popes and popish doctors have fancied , that the virgin mary and other saints departed , do know their persons , necessities , hear their prayers , and can supply their wants ; it is directly contradicted by job . c. . , . kings . . chron. . . c. . . eccl. . . c. . , . c. . . c. . . c. . , . isay . , . c. . . c. . , . psalm . , . psal . . . lam. . . john . . augustinus de cura pro mortuis , p. , , . and whereas they suggest , that they see all their prayers and necessities in the looking glasse of the deity , as their d seraphical doctors resolve , it is the most sottish whimsie that ever was invented : for . the scripture assures us , that god is invisible in his own essence ; that no man nor eye hath seen , or can see god at any time , rom. . . col. . . tim. . . c. . . heb. . . john . . cap. . . john . . . if then god be thus invisible in himself , how can he be fancied to be a meer common looking-glass , which not only all saints departed clearly behold , but likewise see all things done or spoken on earth by reflection in him , who is invisible . ly . no species can be received into or reflected by or from a glasse , but only at a convenient distance , and that by a corporeal visible substance , capable to receive & reflect corporeal species visible to the eye : but that all things acted , yea all prayers uttered on earth , should be visible , or reflected in god a spirit , at so grand a distance as the highest heavens are from earth , and that so visibly , as all the saints , angels in heaven , do or may exactly see and take knowledge of them , is a most extravagant phantasie . ly . that prayers , which are either meerly mental , or vocal , having no visible colours , species , being alwayes said to be heard by god himself , who is therefore stiled a god hearing prayers , psal . . . kings . , , , , , . chron. . , , , , , , , . nehem. . . c. . . job . . john . . psal . . . psal . . . psal . . . . ps . . , . ps . . . ps . . . ps . . . ps . . . ps . . . ps . . . ps . . . ps . . . ps . . . ps . . . ps . . . ps . . . ps . . , neh. . , . should not be heard but only seen by mary , the saints or angels now in heaven , and that in speculo trinitatis , is as great a solecism , absurdity , contradiction , as to averre that men may see sounds with their eyes , or in a looking glasse , and see colours with their ears : since sounds , prayers are only the objects of the ears , not eyes ; and colours of the eyes , not ears . hence the prophet daniel thus prayed to god , dan. . , . o my god incline thine ear and hear , open thine eies and behold our desolations , &c. o lord hear , o lord hearken ; hence we read of the seeing eye , and the hearing ear . prov. . . that the ear only ( not the eye ) trieth words , as the mouth tasteth meats , job . . . c. . . hence hearing with the ears , and seeing with the eyes of the body or minde , are usually put in contradistinction in scripture , isay . . mat. . , to . mar. . . eccles . . . lu. . , . john . . acts . rom. . . therefore the virgin maries or other saints seeing ( not hearing ) their prayers in heaven , in the looking-glasse of the trinity : is as grosse , as senselesse a bull , repugnant to the nature of god , the whole series of scripture , and common sense , as * absurditie it self can invent ; which no rational man can beleeve , till deaf men can see voyces , sounds with their eyes , hear or tast colours with their ears , mouths . ly . if the virgin and saints departed , because they † see god , do therefore certainly see , know all things in god , that he sees or knows , ( especially all mens hearts and mental prayers ) and hear , understand millions of prayers made in all kind of languages they never knew on earth , at one instant , they should then be as omniscient as god himself , and so gods outright , as they make the virgin mary . ly . whether by all the premised particulars it be not apparent , that the popes , clergy , and whole church of rome have been , and still are farre worser , greater hereticks and idolaters , then the collyridians , condemned for hereticks and idolaters too in the primitive church , about the year . by epiphanius bishop of constans in cyprus , and others ; whose heresie , idolatry is related to be only this ; haec haereses in arabia , & thracia , & superioribus partibus scythiae emicuit , introduced , practised only by a few women ; f quidam enim mulieres currum quendam , five sellam quadratam ornantes , expanso super ipsum linteo , in die quadam illustri anni per aliquot dies panem proponunt , et offerunt in nomen mariae . omnes autem de pane participant . this they did in honour to her as the queen of heaven , as his , ne dicant honoramus reginam coeli , intimates : this is all they were guilty of . now compare these and the romanists heresie and idolatry to her together , and we shall easily discover how farre they outstrip them in all particulars . . this their heresie and idolatry was introduced , practised only by women , and those but few , simple , seduced by the devil , like as eve was of old ; but theirs was introduced , fomented , propagated , justified by monks , popes , prelates , priests , canonists , casuists , schoolmen , reputed the wisest , holiest , most seraphical doctors in the church of rome , led by the unerring spirit of god ( as they pretend ; ) and is universally practised by their male as well as female catholicks of all orders & degrees . ly . they only at one solemn time in the year did publikely set little cakes of bread , called collyrides , in a chariot thus adorned , for some few dayes space , before the virgin maries image , & then offered them to her themselves ; but consecrated no priests , nor religious persons , orders , churches , chapels , altars , images , compiled , used no publike offices , psalters , primers , crowns , masses , litanies , anthems , prayers , aves , salves , made no processions , pilgrimages to her , as the pontificians practise , not at one time of the year alone , but daily , or on all saturdayes , and . annual festivals dedicated to her . g baronius and spondanus assure us , that petrus damianus at the request of some melancholly hermits , was the very first who introduced the office and service of the virgin mary into his private monastery , anno . with much opposition of gozo and others , who disswaded his monks from the use thereof ; and that her office was not publickly received nor practised in the church , till confirmed afterwards by pope vrban the d . in the council of claremont , an . their hours , psalters , crowns , rosaries , litanies , mariales being introduced long after by degrees : therefore not used by these collyridians . ly . they offered only little cakes unto her in a chariot : these prayers , praises , incense , gold , silver , pearls , jewels , tapers , yea houses , churches , lands , and things of greatest value , her churches , chapels , being more richly adorned then their chariot . ly . they all divided and did eat the cakes they offered to her in this their may-game , feasting themselves therewith : but all their oblations bestowed on her , are divided amongst her priests and freers , for the maintenance of her worship . ly . they placed only one image of her in a chariot : these erected thousands of costly images , statues to her in stately churches ; yea oft times carry them about * in gilded chariots , or on prelats , priests , princes shoulders in their processions , triumphs , with a glorious imperial crown on her head , and a royal scepter in her hand , with christ her son as yet a sucking babe , lying unactive in her arms , ruling and domineering over him as * aforesaid ; when they had nothing but her bare image , without her babes . ly . though they thus honoured , and called her , the queen of heaven , yet they gave her no other titles , applyed no attributes , offices , texts of scripture peculiar unto god or christ , unto her : whereas they honour , adore , pray to and extoll her , not only with the very same title of the queen of heaven , but with farre more and greater divine titles , attributes , excellencies , offices , and wrest , corrupt sundry expresse scriptures for that purpose , which they appropriate to her , though peculiar unto god , or christ our saviour , which the collyridians never did . ly . they made , published no such magnificats , mariales , books , anthems , postills , sermons , to extoll her transcendent excellencies , and excite others to worship , adore her in such sort as they , and were never guilty of such extravagant blasphemies prayers , assertions as those forementioned : therfore their heresie , idolatry in these and other premised respects is greater and more detestable then the collyridians . ly . all the arguments produced by epiphanius against these collyridians , which then suppressed their heresie and idolatry , directly condemn the adoration of the virgin mary , as not only ridiculous , foolish , repugnant to the scriptures , not warranted by any presidents in sacred story , or the primitive church or saints ; who never invoked nor adored mary , nor any other male or female saints how great or holy soever , nor any angel , but god alone , but as introduced by the devils suggestion , yea damnable and destructive to their souls ; as these passages ( worthy special observation ) will demonstrate . first , in his prologue he writes of this their heresie , * quae sane et ipsa ridicula est , ac ludibrii plena apud prudentes reperitur . incipiens autem de ipsa tractare , & opiniones ipsius recensere , stoliditatis enim potius condemnationem incurret , quam ut aliquid sapientiae in ipsa , esse judicetur , quemadmodum etiam aliae similes huic fuerunt . sicut enim supra per contumeliam in mariam , hi qui haec opinari videntur nocivas opiniones in cogitationes hominum seminant ; sic etiam hi ad alteram partem inclinantes in summo detrimento depraehenduntur , quo illud quod apud externos quosdam philosophos celebre est , dum dicunt , extremitates aequalitates , etiam in ipsis impleatur . aequale est enim in utrisque his sectis detrimentum , illi quidem vilipendent sanctam virginem , hi vero rursus ultra decorum glorificent . hi enim qui hoc docent , qui sunt praeterquam mulieres ? muliebre enim genus lubricum est , erroneumque ac intellectu humili praeditum , etenim et ipsi diabolo visum est hoc a mulieribus evomere . quemadmodum enim supra apud quinullam & maximillam ac priscillam ridicula sunt dogmata sic etiam hic : , ly . he thus proceeds against and encounters their heresie , after his recital of it . nunc autem clare de ipsa dicemus & confutationes contra ipsam pro viribus deum invocantes apposituri sumus : quo hujus simulacrificae haeresis radicibus excisis , a quibusdam talem rabiem exolvere in deo possumus . age igitur , virilem animum induamus , et harum mulierum insaniam dissipemus . totum enim hoc mulier is opinio est , et evae rursus deceptae morbus , imo potius serpentis , bestiae illius irritativae , et quae loquuta est in ipsa , est haec erroris promissio , nihil in medium affereus , neque promissa perficiens , sed solum mortem efficiens , ea quae non sunt , velut quae sunt nominans , et per visionem ligni inobedientiam faciens et aversionem ab ipsa veritate , et ut ad multa se converteret . aestimare autem licet qualia impostor ille seminarit , dum ait , eritis sicut dii ; sic et harum opinio per praedictae bestiae elationem impulsa est . nam in hac natura rursus mortem , velut saepè dixi . primum equidem statim consideremus , ab aeterno usque in hunc diem , cui non manifestum est , quod daemoniorum est doctrina et forma et abalienata aggressio , deo enim ab aeterno nullatenus mulier sacrificavit , non ipsa eva & quidem in transgressione constituta . at non ausa fuit amplius talem impiam aggressionem perficere , non una ex ipsius filiabus , &c. where he proves at large , by sundry scripture presidents and texts , which i pretermit , that no women ought to be priests , or to offer sacrifice , or speak in the church , as these women offered sacrifices to mary , then he thus proceeds to refute their invocation and adoration of mary . vndè vero nobis rursus haec nova fabula excitata est ? vnde mulierum fastus : et insania muliebris ? vnde nutrita malicia rursus per foeminam nobis foemineam opinionem mentibus infundens , suam voluptatem operans à proposito decedere miserum hominum naturam cogere conatur ? caeterum suscipiamus animum ipsius job , firmitatem athletae illius armemur justa responsione , in labia assumpta . dicamus & ipsi , velut una ex stolidis mulieribus loquuta es , unde enim non stolidum hoc apparebit , omni prudentiam habenti , eamque per deum adepto . vnde non est simulacrificum hoc studium , et diabolicus conatus ? praetextu enim justitiae semper subiens hominum mentem diabolus , mortalem naturam in hominum oculis deificans , statuas humanas imagines praese ferentes per artium varietatem expressit . et mortui quidem sunt , qui adorantur , ipsorum vero imagines , quae nunquam vixerunt , neque enim mortuae esse possunt quae nunquam vixerunt , adorandas introducunt , adulterante mente ab uno et solo deo commune scortum , ad multam multiplicis coitus absurditatem irritatum , et quod temperantiam legitimi conjugii unius viri detrivit . revera , sanctum erat corpus mariae , non tamen deus : revera virgo erat ipsa virgo et honorata , sed non ad adorationem nobis data , sed ipsa adorans eum qui ex ipsa carne genitus est , de ●oelis vero ex sinibus paternis accessit . et propterea evangelium monuit nos dicens , quod ipse dominus dixerit , h quid mihi & tibi cura est mulier ? nondum venit hora mea . quo non putarent aliqui magis eximiam esse sanctam virginem , mulierem eam appellavit , velut prophetans , quae futura essent in terra sectarum ac haereseon gratia , ut ne aliqui nimirum admirati sanctam , in hanc haeresim ejusque deliramenta dilabantur . est enim ludibrium tota res , et anicularum fabula , ut ita dicam , tota haeresis tractatio . quae vero scriptura de hoc narravit ? quis prophetarum praecepit hominem adorari , nedum mulierem ? eximium equidem est vas , sed mulier , et nihil a natura immutata , verum et intellectu , et sensu in honore honorata , velut corpora sanctorum ; et siquid amplius ad glorificationem dixerim , sicut helias , ex matre virgo et sic manens in perpetuum , et translatus , et mortem non conspicatus ; sicut johannes qui super pectus domini recubuit , quem diligebat jesus ; sicut thecla sancta , et maria adhuc honoratior hac est , propter dispensationem mysterii qua digna facta est . sed neque helias adorandus est etiamsi in vivis sit , neque johannes adorandus , quanquam per preces suas proprias dormitionem suam admirandam effecerit , imo potius ex deo gratiam acceperit . sed neque thecla , neque quisquam sanctus adoratur . non enim dominabitur nobis antiqus error , ut relinquamus deum viventem , et adoramus ea quae ab ipso facta sunt . i coluerunt enim & adorarunt creaturam praeter creatorem , & stulti facts sunt . si enim angelos adorari non vult , quanto magis eam quae genita est ab anna , quae ex joachim donata est annae , quae per preces , & omnem diligentiam sec undum promissionem patri ac matri data est , non tamen aliter genita est praeter hominum naturam , sed sicut omnes ex semine viri & utero mulieris . tamet si enim historia mariae & traditiones habent , quod dictum est patri ipsius joachim in deserto , uxor tua concepit ; tamen non quod sine conjugio hoc factum , neque sine semine viri , sed futurum angelus missus praevaticinatus est , ut ne qua haesitatatio fieret propter id quod in veritate factum est , & jam ex deo ordinatum & justo promissum . et undiquaque videmus scripturas sic narrantes . esaias enim praedixit de futuris in filium dei implendis . k ecce virgo in utero habebit , & pariet filium , & vocabunt nomen ipsius emanuel , &c. solum enim ipsum decuit , soli ipsi natura cessit , hic velut plastes , & rei potestatem habens , seipsum de virgine velut de terra efformavit , qui de coelis descendit & carnem induit . deus verbum ex sancta virgine , non tamen ut adoretur virgo , neque ut deum hanc efficeret , non ut in nomen ipsius offeramus , non ut post tot secula mulieres sacerdotes ac sacrificulas ostenderet . non complacuit hoc deo in salomne fieri , non in maria. non permisit ipsi dare baptisma , non benedicere discipulos , non impetrare in terra jussit , sed et solum ipsam sanctificatam esse , dignam factam esse regno ipsius . non appellatae matri rufi , non his quae sequuta sunt ipsum à galilea , non marthae sorori lazari & mariae , non alicui ex sanctis mulieribus quae dignae facta sunt à praesentia ipsius salvari , & subministrarunt ipsi ex propriis suis bonis , non mulieri chananitidi , non è sanguinis profluvio laboranti ac sanatae , non ulli alicui mulieri in terra hanc dignitatem demandavit . vnde igitur rursus nobis rotundus et in orbem se gyrans draco ? vnde renovantur ob aliquo illa consilia ? sit in honore maria , pater , et filius , et spiritus sanctus adoretur ; mariam nemo adoret , non dico mulierem , imo neque virum . deo debetur hoc mysterium ; neque angeli capiunt talem glorificationem . deleantur quae male scripta sunt in corde deceptorum : tollatur ex oculis cupiditas ligni . convertatur rursus figmentum ad dominum . revereatur eva cum adam ut deum colat solum ; ne ducatur serpentis voce , sed permaneat in dei praecepto , ne comedas de ligno . et erat lignum non error , sed per ipsum lignum facta est inobedientia erroris . ne comedat quis de errore , qui est propter sanctam mariam . nam etsi pulchrum est lignum , sed tamen non ad cibum ; et si pulcherrima est maria , et sancta et honorata , at non ad adorationem . hae vero rursus renovant fortunae mixturam , et praeparant diabolo et non deo mensam , velut scriptum est , et pascuntur cibo impietatis , velut dicit divina scriptura , & m foeminae terunt pollinem , & filii colligunt ligna , ut faciant placentas oleo subactas exercitui coeli . compescantur a jeremia tales mulieres , et ne turbent orbem terrarum . ne dicant , honoramus n reginam coeli ; novit enim taphnas has punire . noverunt loci horum aedificiorum corpora suscipere ad putrefactionem ne credas . israel mulieri . o resulta à malae mulieris consilio . mulier enim preciosas virorum animas corripit . hujus enim pedes ducunt utentes post mortem in infernum . ne attendas pravae mulieri , mel enim distillat à labiis mulieris meretricis , quod ad tempus lenit gutturtuum , postea tamen amarius felle reperies , & magis acutum quam anceps gladius . ne credas huic mulieri pravae , ( omnis enim haeresis est prava mulier ) amplius vero mulierum haeresis haec , et ea quae est ejus qui primam mulierem decepit . honoretur mater nostra eva , velut a deo formata , ne audiatur autem , ut ne persuadeat filios , ut edant de ligno , et transgrediantur mandatum . poenitentiam vero agat etiam ipsa , vam loquio convertatur pudefacta , et foliis ficus am●cta . consideret autem seipsum etiam adam . et non amplius ipsi credat . nam erroris persuasio , et mulieris ad contrarium consilium mortem proprio conjugi effici , et non solum , sed etiam filiis . subvertit figmentum eva per transgressionem irritata , per vocem ac promissionem serpentis , seducta ex praedicatione , et ad aliam sententiam progressa . quapropter omnium dominus & salvator volens curare morbum , & aedificare subversum , & corrigere imminutum , quandoquidem à muliere mors in mundum venit , ex muliere virgine ipse genitus est , quo mortem concluderet , & defectum expleret , & imminutum perficeret . revertitur autem nobis rursus malitia , ut defectum in mundum producat . sed neque juvenes , neque senes credunt mulieri , propter temperantiam ab initio . non ludificat aegyptia castum joseph , neque evertit , &c. quam multa dicere possem . sive enim velut ipsam adorantes mariam , ipsi offerant collyridem sive placentam vanae istae mulieres , sive pro ipsa offerre conantur , praedictam hanc putidam oblationem totares stolida est , et aliena , et ex daemonum motu fraus et impostura . quo vero non longius extendam sermonem , sufficient nobis relata ; maria in honore sit , dominus adoretur . iusti enim nemini exhibent errorem , deus malis non tentatur , & tentat etiam ipse neminem , neque servi ipsius ad deceptionem ; vnusquisque vero tentatur ex propria concupiscentia , attractus & inescatus . deinde cupiditas parit peccatum , peccatum autem perfectum parit mortem . caeterum quum de omnibus his haec sufficere , o charissimi putemus ; et hanc , ut ita dicam cantharidem , forma quidem auricolorem , alatam vero ac volantem , venenumque ejaculantem , et virus in seipsum habentem , per doctrinam veritatis contriverimus , ad unam illam quae adhuc restat pergamus , deum invocantes , ut opituletur nobis , quo veritatis partes investigemus , et contra adversarios confutationem perfectam efficiamus . all these antient passages of epiphanius directly condemn the heresie and * idolatry of the church of rome , for offering not only the sacrifices of tapers , gold , frankincese , and other things , but even of prayers , prayses , psalms , thanksgivings , and solemn vowes to the virgin mary , and other saints , which the collyridians never did ; whom yet a cardinal baronius , spondanus , b bellarmine , and other pontificians confesse to be both hereticks and idolaters , only for sacrificing cakes , and adoring her as aforesaid ; which i desire all romanists seriously to consider . ly . i further appeal to all judicious , unbiassed roman catholicks , whether upon serious consideration of the premises , our protestant kings , bishops , churches of england , scotland and ireland , had not just cause , grounds , in point of conscience , to abominate all these heretical , blasphemous , idolatrous abominations , devotions , assertions , practises of the church of rome , as antichristian innovations , corruptions , to * separate themselves from them , and all others of like nature accompanying them ; and to renounce the popes usurped authority , which introduced , fomented , establshsd them , and would never to this day suppresse or reform them , after all detections , convictions of their execrable impiety , idolatry , and inconsistency with the principles , verity , purity of the christian religion , and divine worship of god alone , prescribed in his word . ly . whether this was not the main ground of their impious bold obliterating the . commandement out of the decalogue in all their offices , primers , hours , psalters of our lady , and most of their late catechismes , because it is diametrically repugnant to , and inconsistent with their erections , invocations , adorations of , prostrations to the images , statues , pictures of our lady , and saying ave maries , pater nosters , with other prayers to and before them , as if she and they were god himself . and because it is directly contrary to this their usual forme of consecrating their adored images of god , christ , the virgin mary , and other saints , thus recorded in their rituale parachorum . benedictio imaginum dei , aut b. mariae uirginis , vel sanctorum . adjutorium nostrum , &c. domine exaudi , &c. dominus vobiscum , &c. oremus . omnipotens sempiterne deus , te suppliciter exoramus , ut hanc imaginem in memoriam et honorem tui , vel unigeniti filii tui domini nostri iesu christi , vel beatissimae uirginis matris domini , vel beati n. praeparatam bene † dicere et sanctificare † digneris , ut quicunque ad ipsum venerandum se devote inclinaverint , salutem mentis et corporis consequantur , et quicquid juste petierint , se impetrasse fatentur , &c. et aspergantur aqua benedicta . and to the larger special forme , de benedictione imaginis beatae mariae uirginis , to be made by their bishops alone in all their pontifical accoutrements , with no lesse then . special prayers ; quatenus precibus ejusdem sacratissimae uirginis quocunque eandem reginam et gratiocissimam dominam nostram coram bac effigie suppliciter honorare studuerint , et de instantibus periculis eruantur , et in conspectu divinae majestatis tuae de commissis et omissis veniam impetrent , ac mereantur in praesenti gratiam quam desiderant adipisci , et in futuro perpetua salvatione cum electis tuis valeant gratulari . and with the reptition of psal . . & . unto thee lift i up mine eyes , o thou ( blessed lady mary ) that dwellest in the heavens , &c. with the magnificat luke . and allelujahs , ave maries , and these two special antiphonaes chanted to her before her new consecrated images , by their whole cathedral chorus , with sound of organs , sacbuts , and all kinds of musick , ( as at the consecration of * nebuchadonosors golden image ) sub tuum praesidium confugimus , sancta dei genetrix , nostras deprecationes ne despicias in necessitatibus , sed a periculis cunctis libera nos , semper uirgo gloriosa et benedicta . o gloriosa dei genetrix uirgo semper maria , quae dominum omnium meruisti portare , et regem angelorum sola uirgo lactare , nostri quesumus pia memorare , et pro nobis iesum christum deprecare , ut tuis fulti patrociniis ad coelestia regna mereamur pervenire . all which are prescribed in the very pontificale romanum , clementis . pontificis max. jussu restitutum atque editum , authorized by his special bull prefixed to it , in perpetuam rei memoriam , datum romae apud sanctum petrum , sub annulo piscatoris , die decima februarii . pontificatus nostri anno quinto ; printed then at rome , and since that antwerpiae . lib. . p. . which prayers , antiphonaes , images , can no more consist with , nor stand upright before the second commandements presence , then the image of dagon with and before the * ark of god , but must needs fall down on their faces , and loose both their heads and feet before it , which it quite cuts off ; to prevent which they have totally expunged it out of all their offices , primers , houres , crownes , litanies , late catechismes , and other offices of our lady , worthy our special notice . ly . whether the premised passages concerning their lady maries universal soveraign power , monarchy over all angels , powers , kingdoms , nations , persons , churches , creatures both in heaven , earth , purgatory and hell , as their real lady , queen , empresse , goddesse ; with her prophetical and sacerdotal offices of the advocate , mediatrix , reconciliatrix , redemptrix , saviouresse , helper , instructor , &c. of all catholicks , saints , or sinners , and of all afflicted , distressed persons in earth , purgatory , and hell it self , do not very much ecclipse , impeach , if not subvert the soveraign kingly power , priesthood and prophetical offices of christ ; and totally overthrow all st. peters and popes claims , titles , charters , pretences thereunto , even by their own premised doctrines , resolutions , and these very texts of psal . . . mat. . , . phil. . , . with others , on which they found her temporal monarchy over the whole church , world , whiles on earth , and ever since her ascension into heaven : and if so , as the premises clearly evidence ; whether they must not now in point of conscience , justice , policy , henceforth renounce their popes pretended universal ecclesiastical and temporal monarchy over all churches , kingdoms , nations , persons throughout the world ; if they will avoid her displeasure , retain her favour , or enjoy the benefit of her intercession , advocation , mediation , and reconciliation ; or else abandon her forecited dominion , monarchy , and empire over them , to retain and enjoy the popes ; or otherwise professedly disclaim and abjure both their pretended monarchies , powers , as inconsistent with christs soveraign regal , sacerdotal , prophetical offices , and the antient soveraign ecclesiastical and temporal prerogatives of all christian emperors , kings , monarchs , but more especially of our own ? i have the longer insisted on these particulars , as not only most pertinent to subvert the popes pretended universal monarchy , vicarship , and the very foundations whereon it depends , and as most powerfull arguments both to reclaim all seduced pontificians from the idolatry of the church of rome , and keep all unstable protestants from apostatizing to her ; but likewise because our two archbishops of canterbury , * anselme and becket , ( canonized for saints in and by the popes and church of rome ) who first introduced the offices , joyes , publick invocations of the virgin mary into our english church , and extolled her soveraignty , excellencies above her sons , were the two first grand trayterous oppugners , underminers of our kings ecclesiastical soveraignty and jurisdiction , as well as of jesus christs , and first propugners of the popes usurpations ; not unworthy observation . i might here subjoyn to these their catholick blasphemies concerning the virgin maries monarchy , mediation , redemption , &c. the like concerning her two grand chaplains st. francis and st. dominick ; to whom their followers apply sundry scripture texts peculiar to our lord jesus christ his person , kingly and priestly offices , in derogation of his soveraignty , priesthood , advocation , and of the virgin maries and popes too : witnesse their a conformitatum sancti francisci , ( presented by bartholomaeus de pisis to , and specially approved by the general chapter of the franciscans , assisii º augusti . as liber aureus , yea by pope gregory the . alexander the . nicholas the . benedict the . since printed and reprinted by publick authority ) wherein they assert of st. francis ; ipse merito dicere posset illud , quod cantatur in evangelio ; omnia mihi tradita sunt à patre meo . ero illi in patrem , & ipse erit mihi in filium . hic est dei gratia , totus christo conformis : omnis perfectionis exemplar ; in gloria dei patris deificatus : in gloria sanctorum deo unitissimus . vnde et praefuit universae creaturae , factus unus spiritus cum deo. quem ecclesia militans advocatum apud deum possidere meruit . exiens de vulnere laterale christi , iesus typicus passione factus , ad similitudinem iesu christi crucifixi . in eo passio iesu christi pro genere humano renovatur . de quo david dixerit ; gloria & honore coronasti eum , & constituisti super opera manuum tuarum ; datus est , in lucem gentium . quod propter unam missam beati francisci placatus fuerit deus pro toto mundo . omnes salvantur qui moriuntur in ordine et sub regula sancti francisci . et indutio cuculli dat ei plenam peccatorum remissionem , tam a poena quam a culpa . in a word , christus oravit , franciscus exoravit . witnesse what b st. antoninus archbishop of florence , surius , ribadeniera , and others , story of st. dominick ; christus post mortem dicit , omnis potestas mihi dara est in coelo & in terra : et haec potestas non parum communicata est dominico , ( therefore not wholly transferred to the pope or virgin mary ) coelestium , terrestrium , et insernorum . nam angelos sanctos in suum ministerium habebat , ad nutum ejus daemones contremiscebant , nec imperium ejus recusare valebant : ( for which they produce several examples ) quia christo similis , à demino christo aptissime denominatus est dominicus . dominicus namque quasi totus domini : vt christus sit dominus absolutè , & authoritativè , dominicus autem principaliter & possessive : whom as they parallel with christ in many things , so they preferre before christ in others , as in the multitude of his miracles , and prevalency of his prayers and advocation . nam christus cum in horto oravit , calicem à se transferri , non fuit exauditus , &c. dominicus autem cuidam religioso viro sibi familiari insinuavit ; se nunquam a deo aliquid postulasse , quod ad votum non obtinuerit . that , christus dominus dilexit nos , & lavit nos à peccatis nostris in sanguine suo ; but by one suffering . dominicus verò charitatis perfectione non vacans , pro salute omnium animam ponere promptus erat : for which end , trinam disciplinam quasi de manu propria non cordula , sed cathena ferrea usque ad sanguinis effusionem ▪ capiebat ; pro suis culpis unam quae minimae erant , pro in purgatorio existentibus aliam , tertiam pro iis qui versantur in mundo . that at his death , to comfort his sorrowfull and mourning disciples , he used the same words to , and prayer for them , as christ did to his disciples john . promising them , in loco ad quem vado utilior vobis ero quam hic : et post mortum advocatum potiorem habebitis , quam in hac vita habere possitis : as if he would then prove a better advocate for them in heaven , then the virgin mary , or christ himself : who both honoured him so far , that adfuit in hac hora transitus sui beata virgo cum filio ; as was revealed to freer guala , then prior , afterwards bishop of brixia , who saw heaven opened , and two most white ladders let down from thence : summitatem unius scalae tenebat in manu beata virgo maria , alterius summitatem filius ejus jesus christus tenebat : angeli autem discurrebant per eas ascendendo & descendendo ; at the end of both which ladders st. dominick was placed in a chair fastned to them ; scalas autem illas sursum trahebat dominus jesus cum matre paulatim , & ducebatur sursum simul cum illis scalis sedes pariter cum sedente comitantibus angelis . denique receptis in coelum scalis & sede cum sedente , apertura illa coeli clausa est , visuque disparuit . in brief , they preferre him before st. paul , and all the apostles ; recording , that before his birth there appeared to all the people two images in the church of st. marke at venice , the one of st. paul , with this motto under it , per istum itur ad christum ; the other of st. dominick , with this inscription , facilius itur per ipsum ; quia ( writes st. antoninus ) doctrina pauli sicut caeterorum apostolorum , erat doctrina inducens ad fidem & observantiam praeceptorum : doctrina dominici ad observantiam consiliorum ; et ideo facilius per istum itur ad christum : and so by his mediation and advocation , they may easier go and be reconciled to god the father , then by christs , st. pauls , or their grand advocate the virgin maries . i shall no longer insist on these or any other of their saints powers or advocations , but proceed to the second sort of established doctrines and practices in the church of rome , which directly overthrow the very foundation of st. peters and the popes universal monarchy over the world and church militant ; to wit , * christs personal corporal absence from his church , and all kingdoms , nations on earth , during his residence at his fathers right hand in heaven ; which could not be supplyed but only by constituting st. peter and popes his pretended successors in his chair at rome , to succeed him in his supreme universal monarchy and priesthood , as his sole viceroyes and vicars , to instruct , feed , comfort , direct , rule them in his stead , untill his second coming to judgement . this foundation of st. peters and popes pretended universal monarchy , vicarship , as it is directly contradicted , . by our saviours own expresse promises , made to his apostles , church , at the very time of his ascention , when he informed them , * all power is given to me in heaven and earth ; and that with a special ecce , mat. . . and lo i am with you alwayes , even to the end of the world : and before that time , mat. . . where two or three are gathered together in my name , there am i in the midst of them : as likewise hebr. . , . for he hath said , c i will never leave thee nor forsake thee ; so that we may boldly say , the lord is my helper , i will not fear what man can do unto me . compared with ps . . . as the mountains are round about jerusalem , so the lord is round about his people from henceforth even for ever . isa . . . when thou passest through the waters i will be with thee , and through the rivers they shall not overflow thee ; when thou walkest through the fire thou shalt not be burnt , neither shall the flame kindle upon thee . fear not , for i am with thee . psal . . . he shall call upon me , and i will answer him ; i will be with him in trouble , i will deliver him , and honour him . isa . . , , . fear thou not , for i am with thee be not dismayed , for i am thy god ; i will strengthen thee , yea i will help thee , yea i will uphold thee with the right hand of my righteousnesse . for i the lord thy god will hold thy right hand , saying unto thee , fear not , i will help thee . fear not thou worme ; jacob , and ye men of israel ; i will help thee , saith the lord , and thy redeemer the holy one of israel . together with jer. . , . c. . . c. . . c. . , . to the same effect ; thus experimentally fulfilled after his ascention into heaven , acts . , . then spake the lord unto paul in the night in a vision , be not affraid , but speak and hold not thy peace . for i am with thee , and no man shall set on thee to hurt thee . tim . , , . at my first answer no man stood with me , but all men forsook me ; notwithstanding the lord stood with me , and strengthened me , that by me ( not peter ) the preaching might be fully known , and that all the gentiles might hear ; and i was delivered out of the mouth of the lion. and the lord shall deliver me from every evil worke , and will preserve me to his heavenly kingdome . ly . by christs reiterated promises to send the holy ghost as a comforter unto his apostles , church , saints , to supply his absence , ( not st. peter , or the pope ) john . , , . i will pray the father , and he shall give you another comforter , that he may abide with you forever : even the spirit of truth , for he dwelleth in you , and shall be with you . i will not leave you orthans , i will come to you ; because i live ; ye shall live also . but the comforter , the holy ghost , whom the father will send in my name , he shall teach you all things , &c. john . , . it is expedient for you that i go away ; for if i go not away , the comforter will not come unto you ; but if i depart , i will send him unto you . and when he is come , he shall convince the world of sin , &c. which promises he fulfilled in sending the holy ghost upon them in cloven tongues , immediately after his ascention ; acts . and by shedding him on them and us abundantly , through jesus christ ; tit. . , . cor. . , , &c. ly . by christs expresse provision for his churches , when he ascended up on high , and gave several gifts unto all his apostles and others , ( not to peter alone ) for the perfecting of the saints , for the work of the ministry , for the edifying of the body of christ , to wit , his church ; ephes . . , to . cor. ▪ , &c. to . all which as they subvert this foundation of st. peters and popes pretended monarchy and vicarship . so likewise ; ly . it is directly refuted , disproved , and totally overturned by the avowed practises , established , professed doctrines of the church and popes of rome ; to wit , of the breads and wines * real transubstantiation in the sacrament of the lords supper , by hoc est corpus meum , &c. uttered by the priest , into the very natural body and blood of jesus christ , born of the virgin mary , crucified on the crosse , ascended into heaven , accompanied with his humane soul , and actually united to his deity ; his whole body , person both as god and man , being really and substantially present in , and contained under every consecrated hostia , and each part thereof , and in every drop of the consecrated wine too on earth ; and thereupon adored by them as their lord god and saviour , with latria or divine adoration ; whose very body is made and continually reserved by them in all their churches , * pixes , under lock and key , carried about in processions , and to sick persons ; as their popes , councils , doctors of all sorts assert , and their grand council of trent , hath thus affirmatively and negatively resolved in direct words . d semper haec fides in ecclesia dei fuit , statim post consecrationem , verum domini nostri corpus , verumque ejus sanguinem , sub panis et vini specie , una cum ipsius anima et divinitate existere , sed corpus quidem sub specie panis , animamque sub utroque , vi naturalis illius connexionis et concomitantiae , qua partes christi domini , qui jam ex mortuis resurrexit non amplius moriturus inter se copulantur , divinitatem porro propter admirabilem illam ejus cum corpore et anima hypostaticam unionem . quapropter verissimum est , tantundem sub alterutra specie , atque sub utraque contineri : totus enim & integer christus sub panis specie , & sub quavis ipsius speciei parte ; totus item sub vini specie & sub ejus partibus existit . quoniam autem christus redemptor noster corpus suum , id quod sub specie panis offerebat , vere esse dixit , ideo persuasum semper in ecclesia dei fuit , idque nunc denuo sancta haec synodus declarat , per consecrationem panis et vini conversionem fieri totius substantiae vini in substantiam sanguinis ejus : quae conversio convenienter et proprie a sancta catholica ecclesia transubstantiatio est appellata . nullus itaque dubitandi locus relinquitur , quin omnes christi fideles pro more in catholica ecclesia semper recepto latriae cultum , qui vero deo debetur , huic sanctissimo sacramento in veneratione adhibeant . neque enim minus est adorandum quod fuerit a christo domino , ut sumatur institutum . nam illum eundem deum praesentem in eo adesse credimus quem pater aeternus introducens in orbem terrarum dicit , ; et adorent eum omnes angeli dei ; quem magi pro●identes adoraverunt , quem denique in galilea ab apostolis adoratum fuisse scriptura testatur . declarat praeterea sancta synodus , pie & religiose admodum in dei ecclesiam inductum fuisse hunc morem , ut * singulis annis peculiari quodam et festo die praecelsum hoc et venerabile sacramentum singulari veneratione ac solemnitate celebraretur , utque in processionibus reverenter , et honorifice illud per vias et loca publica circumferretur , &c. consuetudo asservandi in sacrario sanctam eucharistiam , &c. antiqua est . porro deferri ipsam sacram eucharistiam ad infirmos et in hunc usum diligenter in ecclesiis conservari , praeterquam quod cum summa aequitate & ratione conjunctum est , tum multis in conciliis praeceptum invenitur , & vetustissimo catholicae ecclesiae more est observatum . quare sancta haec synodus retinendum omnino salutarem hunc et necessarium morem statuit . to which they subjoyn these canons in the council of trent , against the wicklevists , hussites , lutherans , protestants , and all other dissenters from them . * canon . siquis negaverit in sanctissimo eucharistiae sacramento contineri , vere , realiter et substantialiter corpus et sanguinem , una cum anima et divinitate domini nostri iesu christi , ac proinde totum christum : sed dixerit tantummodo esse in eo , ut in signo , vel figura aut virtute , anathema sit . canon . siquis dixerit , in sacrosanctae eucharistiae sacramento remanere substantiam panis et vini , una cum corpore et sanguine domini nostri iesu christi , negaverit que mirabilem illam et singularem conversionem totius substantiae panis in corpus , et totius substantiae vini in sanguinem , manentibus duntaxat speciebus panis et vini , quam quidem conversionem catholica ecclesia aptissime transubstantiationem appellat , anathema sit . canon . siquis negaverit in venerabili sacramento eucharistiae sub unaquaque specie , et sub singulis cujusque speciei partibus separatione facta totum christum contineri , anathema sit . canon . siquis dixerit , peracta consecratione in admirabili eucharistiae sacramento , non esse corpus et sanguinem domini nostri iesu christi , sed tantum in usu dum sumitur , non autem ante vel post , et in hostiis seu particulis consecratis , quae post communionem reservantur vel supersunt , non remanere verum corpus domini , anathema sit . canon . siquis dixerit , in sancto eucharistiae sacramento christum unigenitum dei filium non esse cultu latriae etiam externo adorandum , atque ideo nec festiva peculiari celebritate venerandum , neque in processionibus , secundum laudabilem et universalem ecclesiae sanctae ritum et consuetudinem solenniter circungestandum , vel non publice , ut adoretur populo proponendum , et ejus adoratores esse idololatras , anathema sit . canon . siquis dixerit , non licere sacram eucharistiam in sacrario reservari , sed statim post consecrationem astantibus necessario distribuendam , aut non licere , ut illa ad infirmos honorifice deferatur , anathema sit . these canons and doctrines of theirs , are confirmed by the generality of all their e canonists and glossers , in gratian de consecratione , distinctio . by all their schoolmen , divines , and others , in their treatises de sacramento eucharistiae , de missae sacrificio , & transubstantiatione ; their f commentators on the evangelists , acts , and st. pauls epistle to the corinthians , of which there are thousands ; who generally assert ▪ verum et totum christi corpus et sanguis , in vera carne et forma et quantitate , quam de virgine sumpsit , et habuit in cruce , sub specie panis et vini , ubique est vere et realiter in quolibet altari ubi consecratur , vel asservatur , tamen non subjicitur corporis sensibus . hostia consecrata est identice corpus christi , et deus secundum essentiam . from these their roman catholick premises , i shall thus argue : if the very natural body and blood of jesus christ , born of the virgin mary , crucified for us on the crosse , together with his humane soul and deity , be really and substantially present in and under every consecrated hostia and piece thereof , in every sacred drop of wine , and in every church , pix , place throughout the world , where the elements of bread and wine are consecrated , or hostiaes reserved , as their councils , schoolmen , casuists , canonists , missals , and popes themselves resolve ; then st. peter and popes neither are nor can be his vicar-generals in any such church or place , because the sole ground , or chief foundation whereon they found st. peters and the popes vniversal vicarship over the church militant on earth , is christ corporal absence from it in his humane body and nature , upon and ever since his ascention into heaven , as g they acknowledge : but by their own premised contradictory resolutions , christ himself remains alwayes not only spiritually , but likewise corporally and personally present on earth in both his natures , in every consecrated hostia , and sacred drop of wine , and will be so in all their churches where hostiaes are and must be reserved , till the end of the world ; therefore they cannot possibly be his vicars or successors : for if christs corporal presence with his church and disciples , but in one place alone at one time , before his ascention into heaven , ( he being never corporally present in two places at the self-same time when on earth , as all the h evangelists attest , but only in one ) did really exclude , totally disable st. peter himself to be his vicar-general , because he needed no vicar whiles himself was there corporally resident : and since by the rules of the canon , civil , and common laws , in praesentia majoris cessat potentia minoris , the popes or other bishops vicar-generals , and kings viceroyes being uselesse , and having no actual jurisdiction at all as such , when and where popes , bishops , or kings themselves are really present in proper person : then à multo fortiori , christs personal corporal real presence as aforesaid , in every hostia , chalice , pix , church , and on every altar , ( especially in rome , and other great cities where there are so many hostiaes continually consecrated , reserved , adored , and carried in processions ) must exclude st. peters and popes pretended vicarship in every church , place throughout the popes dominions , and the world , even to christs second coming . and so much the rather , because their i doctors , writers , legends assure us , that christ in his very humane body , nature , since his ascention , hath sundry times descended from his fathers right hand in heaven , to his saints and church on earth , upon several occasions ; . to visit his mother mary in her sicknesse ; ly . to interre her body , after he had ascended with her soul into heaven ; ly . at her corporal assumption into heaven , some or years after his ascention , ( many years before st. peters death ) for , . they assure us , that her death being predicted by an angel sent from heaven , who saluted her with sundry ave maries ; thereupon , apostoli cum essent in diversis mundi partibus dispersi , in quibus fidem christi praedicabant , desiderans illos videre beatissima virgo ante mortem suam , affectansque eos esse praesentes sacrae dormitioni , & ejus corpori impendere sepulturam , dominus noster jesus christus filius ejus , eos fecit esse ante conspectum matris suae dilectissimae . what speeches she made to them , and in what sort they condoled her death , ( christ having left her with them to comfort them and supply his absence ) you may read at large in bernardinus de busti ; she assuring them , cum filius meus semper permansurus sit vobiscum ; mat. . . ego . quoque nunquam recedens ab eo vos non deseram , sed ad pugnam confortabo , ad filium advocabo . that likewise , jesus christus filius ejus eam in infirmitate visitavit . ipse dominus jesus de coelo descendit cum angelicis ordinibus , cum coetu patriarcharum , cum martyrum exercitu , cum virginum choro , cum societate confessorum , & omnium sanctorum , qui omnes ipso domino incipiente subsequentes dulcia cantica circa lectum beatissimae virginis frequentabant , &c. ipse enim dominus jesus post suavissima oscula & dulcissimos amplexus dixit dulcissimae matri suae illud , cant. . veni de libano , &c. ascendit autem coelos dominus noster jesus christus , cum anima gloriose suae dilectissimae matris , cum ineffabili totius curiae coelestis jubilatione , et ad dextram throni sui in gloria eam collocavit , &c. after which , ly . ipse dominus jesus sicut sua dilictissima mater corpus ejus mortuum sepelierat : ita etiam voluit corpus ipsius matris propriis manibus in sepulchro coaptare , &c. opus enim miscricordiae sepelire mortuos . ergo ipse pater misericordiarum dominus jesus matris suae sepulturae , in propria persona voluit interesse . ly . how he afterwards descended personally with all the angels , to assume and carry up her body in triumph into heaven , you have * formerly heard . now these three descents of christ in his natural body ( during st. peters life ) did certainly interrupt or suspend his pretended vicarship . how many scores of times he hath corporally descended from thence , and visibly appeared on earth to several of their romish canonized saints , you may read at large in vincentius his speculum historiale , jacobus de voragine , antonini chronicon , hercules lipomanus , surius , capgrave , ribadeniera , and sundry others who have written the legends and stories of their lives . our k monkish chronicles relate , that christ personally appeared to st. patrick in ireland , before he was made a bishop , dans sibi textum evangelii , & baculum unum , qua adhuc manent in patria illa apud summū archiepiscopum ; per quem baculum , ut aiunt , patricius primus vermes ejecit : after which , eduxis dominus patricium in desertum locum , ubi fossam rotundam intrinsecus obscuram ostendit , ( since stiled purgatorium patricii ) dicens ; quod si veraciter quis poenitens per diem & noctem in illa fossa manserit , & fide constans per illam transierit , videbit tormenta malorum , & gaudia beatorum : after which christ disappeared . they further assert , that christ appeared to l thomas becket archbishop of canterbury , when he celebrated the masse , and said unto him with an audible voyce ; thomas , thoma , ecclesia mea glorificabitur in sanguine tuo , ( twice one after another ) & tu verè glorificaberis . that m anno dom. . jesus christus visibiliter apparuit in nere , cruce pendens , apud dunstapulam in anglia , videntibus multis : that about the year . christ himself in the form of a beautifull childe appeared to st. edmund archbishop of canterbury near oxford , with this inscription in his forehead ; jesus nazarenus rex judaeorum ; saluting him with a salve dilecte mi , miror quod me non agnoscis , praesertim cum ad latus tuum in scholis , & alibi jugiter assistam quod igitur videris in facie meascriptum , hoc fronti tuae singulis noctibus imprime . ; i shall instance only in two foreign particulars of special note , omitting all others : the first is , christs often appartions to their seraphical doctor st. francis , and sending a seraphin to him with a crucifix , who actually imprinted in his hands , feet , and side , the characters of all the wounds which christ suffered on the crosse , as antoninus , bonaventura , bernardinus de senis , ribadeniera , and others attest in his life . the second is , his frequent apparitions to , and personal familiar almost daily converse with their st. catharine de senis , ( his most beloved mistresse ) whether she were praying , meditating , waking , or sleeping , so that he seemed to be almost perpetually with her : thus related by n antoninus archbishop of florence , and others out of him : that st. catharine having chased away a great company of devils which assaulted her , quaedam magna lux supernè totam camerulam suam illustrans apparuit , ac in luce illa dominus iesus christus crucifixus , totaliter cruentatus , vocavitque de cruce virginem , dicens , catharina , vides , quanta ego passus sum pro te , &c. et illa victoria habita de inimicis , cepit sacratissimus sponsus ejus iesus familiariter conversari cum ea , ut incredibile videretur . apparebat igitur sibi frequentius , dominus iesus , et diutius solito cum ea manebat : ducebatque secum aliquando beatissimam genetricem suam , aliquando beatum dominicum , quandoque mariam magdalenam , vel joannem evangelistam , vel apostolum paulum , & alios , secumque confabulabatur sicut amicus cum domestico suo , et frequenter simul dominus et ipsa dicebant psalmos , ambulando per camerulam , sicut solent agere duo clerici vel religiosi suum officium dicentes . crescente verò quotidie amplius in ea gratia conditoris , unus dierum christus ei apparens disibiliter sibi eam desponsavit , adstantibus ibi gloriosissima ejus genetrice maria , ac beatissimo johanne evangelista , apostolo paulo , ac beato dominico , & cum his david propheta psalterium in manu gestante ; ac supersuavissime modulante . et tunc dei genetrix maria cepit manum extendere ad filium , postulans , ut ipsam catharinam virginem dignaretur sibi desponsare in fide . quod annuens dei filius unigenitus , annulum protulit aureum , habentem in suo circulo quatuor margaritas ac adamantem in summitate inclusum ; quem annulum digito virginis dextra sua imponens , ait ; ecce desponso te mihi creatori & salvatori tuo in fide ; remansitque annulus in digito ; non quidem secundum visionem aliorum , sed tantum secundum virginis visionem . post dispensationem praedictam coepit dominus eam paulatim ad conversationem humanam trahere , unde & postquam sibi apparebat , ut ostendisset sibi quaedam arcana , et cum ipsa horas et psalmodium dixisset : subjungebat , vadas quia hora est jam prandii , &c. et sis cum eis . et postea reverta●is ad me , &c. & ad cellulam revertens , sponsum suum iesum imminebat , quem dulcius amplexabatur , & reverentius adorabat . ex tunc vero cepit , in ea oriri desiderium sacrae communionis sumendae , ut non tantum spiritus ejus ●niretur sponso suo , sed ut corpus ejus ( ut it a dixerim ) corpori ejus socieretur sacramentaliter . erat satis inter laicos vulgatum , quod catharina ista quotidie communicabat , atque ex sacro absque alio cibo vitam transigebat . utique verum non crat , non enim quotidie , sed frequenter sacramentum su●ebat . senis commoranit confessori suo significabat , quod tardaret missam suam , quia intendebat adesse , & communicare ; sed cum nimis tardaret , peracta consecratione , ●um sacerdos jam pertransisset ad fractionem hostiae primam in duas partes , deo dispensante praeter intentionem ejus in tres partes facta est divisio ; quarum una in magnitudine quasi unius fabae aspectum ejus subterfugit . ista particula , ( which the priest could no where find , after much search ) was carried by christ himself to st. catharine , who coming late , was praying in the church far from the altar , the priest not knowing she was there , her companions being unwilling she should communicate that morning , she thereupon being lothe to grieve them , recurrit ad benignissimum sponsum suum jesum , qui sublatam a sacerdote particulam ad eam attulit , et eam propriis manibus communicavit . cum accipere vellet hostiam parvulam sibi porrigendam , ipsa hostia distans à patina per aliquod spacium , per se accessit ad patinam , vel manum celebrantis divinitus mota , quam e● tradidit . pluries etiam sacerdote celebrante , vidit in hostia consecrata puerum iesum , eliquando etiam sub diversis formis ostendentibus magnitudinem sacramenti . after which christ appeared to her with a glorious crown of gold in his right hand , and a crown of thornes in his left , and proffering her which of them she would chuse ; she electing the crown of thornes in this life , to receive the crown of gold in the next , she thereupon set it on her bead with such violence , that it pricked and put her to great torment : yea christ himself at another time , actually imprinted the wounds of his body , on her body , in this manner , as she related to her confessor . dominum meum vidi crucifixum super me magno cum lumine descendentem . tunc ex sacratissimorum suorum cicatricibus vnlnerum quinque in me vidi radios sanguineos descendere , qui ad manus , ad pedes & cor ●ei tendebant corpusculi , ad latus ●inistrum ; which put her to such intollerable pain in all the five places , especially at her heart , that she swouned and was like to dye ; being thus united to christ in his passion on earth , which she could not be in heaven , the prints thereof remaining in her body . not long after , o gum semel ferventius dominum orasset , ut auferret sibi proprium cor , daret que sibi cor secundum ipsum : videbatur sibi , quod adveniens dominus latus ejus sinistrum aperuit , & cor ejus auferret & absconderet , sicque sine corde remaneret : postque una dierum in capella ecclesiae praedicatorum senis , circumfulsit eam lux de coelis ; & in luce apparuit dominus ejus , habens in manibus cor rubicundum & lucidum ; ad cujus aspectum in terras cecidit , et appropinquans dominus , aperuit latus ejus sinistrum intromittens cor istud , & dicens ; ecce filia sicut postulasti pridie abstuli tibi cor tuum , & dedi tibi cormeum , quo semper vivas ; clausitque latus & abscessit : & pro miraculi signo , remansit in ipso loco cicatrix obducta , ut asseruerunt sociae , quae pluries hoc viderunt . post hanc cordis immutationem , ( and exchange of her heart for christs heart ) dictbat confessori suo , tantum gaudium tantamque jubilationem possidere mentem suam , quod grandis erat admiratio qualiter omnia possent in corpore remanere , tantumque ardorem esset in corde suo , quod iste ignis materialis videretur respectu ejus potius refrigerans quam urens , & magis frigidus quam accensus . altera vice apparuit ei rex regum cum coeli regina matre sua , & maria magdalena , dicens , ecce filia christiana pro ampliori solatio tuo trado tibi mariam magdalenam in matrem , ut possis ad eam cum omni fiducia recurrere , tuique curam spiritualem sibi committo . all these particulars ( with others of this kind ) are recorded for undoubted truths by antoninus archbishop of florence , canonized for a ron an saint , by laurentius surius , with others ; and last of all by ribadeniera the jesuit in her life , in his fleurs des vies des saincts , thus specially approved by the doctors of theology at paris , in the french translation of him by rene gaulier ang●vin , the last day of november . in les fleurs des vies des saincts , a paris . ●v●● approbation des decteurs ; who attest in their approbation thereof , au quel n'avons rien trouve que ne soit conforme à la foy de l'eglise catholique , apostolique & romaine : et pourtant l'avons juge tres-utile & necessaire pur estre mis in lumiere ; yea thought worthy to be dedicated , a le royne mere du roy. now if this be agreeable to the faith of the roman catholick church , that christ so familiarly , frequently , and almost continually conversed with this their famous canonized st. catharine , for . years space or more together , in his bodily and natural presence on earth , imprinted the five wounds of his own body on hers , shewed himself corporally and visibly present oft times to her , when the priest lifted up the consecrated hostia , once actually delivered the eucharist to her with his own hands , thus solemnly espoused her to himself , and exchanged his own heart for hers , not in imagination only but reality ; how popes who lived in that age , could be his real vicar-generals , to supply his corporal or personal absence upon earth , being so visibly present and resident even at senis and rome it self , where she frequently was , let them resolve their judicious proselytes when they are able . i shall further adde to this , that paschatius ratbertus , ( one of the first professed asserters of transubstantiation , and christs corporal presence in the eucharist ) with sundry of their legends , monkish historians , schoolmen , canonists and casuists assure us , that as this st. catharine did frequently see christ himself , appearing to her in the shape of a petty infant in the consecrated hostia , so he hath likewise several times visibly , really , and miraculously appeared therein to several of their saints , priests , and others ; sometimes in the forme of a little infant , sometimes of a lambe , other times in forme of raw flesh ; and frequently in drops of blood issuing out of the hostia . i shall recite paschatius his words and instance to this effect at large , being the first of this kind , i have yet observed . p nemo enim qui sanctorum vitas & exempla l●gerit , potest ignorare , quod saepe haec mystica corporis et sanguinis sacramenta , aut propter dubios , aut certe propter ardentius amantes , christum visibili specie in agni forma , aut carnis et sanguinis colore monsirata sint quatenus de se christus clementer adhuc non credentibus fidem faceret , ita ut dum oblata frangitur vel offertur hostia , videretur agnus in manibus , et cruor in calice , quasi ex immolatione profluere , ut quod latebat in mysterio , patesceret adhuc dubitantibus in miraculo . fecit enim hoc pietas divina quibusdam jam credentibus , & tamen adhuc dubitantibus , ut & ipsi fiduciam de veritate perciperent , et aliide miraculo ad fidem solidarentur , & de christi gratia per eandem fidem uberius partisiparentur . nam quae verit as re promisit , sine aspectu credenda sunt . sed quia duri corde sumus , voluit divina mansuetudo in quibusdam omnibus satisfacere , ut ulterius de his ●am nemo dubitet . porro quod si nec ostensa creduntur , nec ea quae veritas testatur ex fide communicantur , quaer at quilibet ob satisfactionem sui quid expectet , quoniam nihil extra veritatem est ; et quicquid veritas habet hoc ostensio per speciem quando placuerit repraesentat . unde credere oportet , quod et haec oportunissime ostensa sint , et nihil dubitare de iis quae veritas repromittit quia quisquis extra veritatem aliquid quaerit , non nisi falsitatem invenit , & semetipsum ( si ea quae à christo dicta sunt nonreceperit ) extra veritatem s●cludit . quod autem dixi saepe quibusdam ardentius christum amantibus haec praemonstrata fuisse , unum à pluribus pandam . nam quidam presbyter fuit religiosus valde ; ; * plegiles nomine , frequenter missarum solennia celebrans ad corpus sancti nini episcopi & confessoris , qui cum digno moderamine sanctam christo propitio duceret vitam , coepit omnipotentem deum piis pulsare precibus , ut sibi monstraret naturam corporis christi atque sanguinis . itaque non ex infidelitate , ut assolet , sed ex pietate mentis ista petivit . fuerat enim à puero divinis legibus imbutus , & propter amorem superni regis olim patriae fines & dulcia liquerat arva , ut christi mysteria exul sedule discer●t . idcirco ejus amore mag is succensus , quotidie preciosa munera offerens poscebat sibi praemonstrari , quae foret species latitans sub forma panis & vini . non quia de corpore christi dubius esset , sed quia vel sic christum cernere vellet , quem nemo mortalium jam super astra levatum , in terris * passum , conspicere potest . venerat ergo dies , * & idem celebrans pie solennia missarum more solito procubuit genibus ; te deprecor , inquit , omnipotens pande mihi exiguo in hoc mysterio naturam corporis christi , ut mihi liceat eum prospicere praesentem corporeo visu , & formam pueri , quem olim sinus matris tulit vagientem , nunc manibus contrectare . qui dum talia precaretur , angelus de coelo adveniens affatur ; surge , inquit , propera , & si christum videre placet , adest praesens corporeo vestitus amictu , quem sacra puerpera gessit . tum venerabilis presbyter pavidus , ab imo vultum erigens , vidit super aram patris filium puerum , quem simeon infantem portare suis ulnis promeruerat . cui angelus inquit , quia christum videre placuit , quem prius sub specie panis verbis mysticis sacrare solebas , nunc oculis conspice , manibus attrecta . tum sacerdos coelesti munere fretus , quod dictu mirum est , ulnis trementibus puerum accepit , et pectus proprium christi pectori junxit . deinde profusus in amplexum dat oscula deo , et suis labiis pressit pia labia christi . quibus ita exactis , praeclara dei membra restituit in verticem altaris et replevit coelesti pabulo christi mensam . tunc rursus homo prostratus deprecatus est deum , ut dignaretur ipse iterum verti in pristinam speciem . qui expleta oratione surgens à terra , invenit corpus christi in formam remeasse priorem , uti deprecatus fuerat . et mira omnipotentis dei dispensatio , qui ob unius desiderium , ita se praebere dignatus est visibilem , non in figura agni , ut aliis quibusdam sub hoc mysterio , sed in forma pueri , quatenus et veritas patesceret in ostenso , et sacerdotis desiderium impleretur ex miraculo , nostraque fides firmaretur ex relatu . veruntamen non prius idem communicasse pueri corpus et sanguinem legitur , quam rediret in prioris formae speciem : ne absurdum videretur quod praesumpserat , & fides uberius requiratur interius in ●odem , quod exterius visu conspexerat . hoc interim dixisse sufficiat de ostensione carnis christi pro assertione veritatis ; although this miracle was seen only by this priest himself , and no other spectators . our famous historian q willielmus malmesburiensis , relating this miracle out of paschatius , presbyterum plegildum , visibiliter speciem pueri in altare contractasse , & post libata oscula in panis similitudinem conversum ecclefiastico more sumpsisse ; addes , quod arroganti cavillatione ferunt berengarium , sic carpere solitum ; speciosa certè pax nebulonis , ut cui oris praebuerat basium , dentium inferret exitium ; quaele de pusione judaico , quod in ecclesiam cum coaequaevo christiano fortè & ludibunde ingressus , * vidit puerum in ara membratim discerpi et viritim populo dividi . id cum innocentia puerili parentibus pro vero assereret , in rogum detrusum , ubi occluso ostio aestuabat incendium , multis postea horis , sine jactura corporis , exuviarumque & etiam crinium à christianis extractum . interrogatusque quomodo voraces ignium globos evaserit , respondit illa pulchra foemina , quam vidi sedere in cathedra , cujus filius populo dividebatur , semper mihi in camino astitit ad dextram , ; ( not christ the little divided infant ) flammine as minas & fumea volumina peplo suo summovens : a miracle calculated more for maries honour , then christs her son. to these miraculous apparitions of christ himself in the forme of a little childe in the hostia , the popish patrons of transubstantiation have added sundry other miracles out of forged authors and saints legends ; tho. bozius de signis ecclesiae , l. . c. . coccius de thes . catholico , l. . de eucharistia , mr. brerely tract . . l. . bellarmine of the sacrifice of the masse , de eucharistia , l. . c. . baronius anno . nu . . anno . nu . , . mr. mallon the jesuit in his reply , ( to omit others ) relate . more miracles , collected by bishop morton in his institution of the lords supper , book . ch . . sect . , , . one to an antient eremite , anno . out of simeon metaphrastcs ; another in the kings chapple at paris , anno . wherein christ appeared in the hostia in forme of a little infant ; as they say he did to r wintichindus , a pagan saxon prince , converted to the faith eo maximè miraculo , quod in communione paschali vidisset sacratissimam eucharistiam ab omnibus sum● forma pulcherrimi pueri ; in which form he frequently appeared to ſ st. catharine of senis , when she communicated , ( which two last examples bozius and coccius have omitted . ) the other miracles are only his apparitions in forme of a lambe , t finger , raw flesh , or drops of real blood issuing out of the hostia , or the appearance of blood in the chalice . whereunto i shall adde what u our ailredus abbas rievallis , and the x chronicle of bromton record , that king edward the confessor , and leofric earl of chester , being in st. peters church of westminster at masse ; agitur in altari coeleste mysterium , manibus sacerdotis divina sacramenta tractantur . et ecce speciosus ille forma prae filiis hominum christus jesus in ara consistens , oculis utriusque visibiliter corporalibus apparuit ; who , in elevntione corporis christi sacramentum illud , a forma panis in formam unius pueri aperte viderunt transmutari : puero dextra elevata primo regem , postea comitem benedicente ; so bromton . sacraque dextera super regem extensa , signum sanctae crucis eum benedicendo impinxit . at rex dimisso capite , divinae adorabat praesentiam majestatis , humiliatoque corpore tantae benedictioni reverentiam exhibebat . comes itaque hoc viso , versus regem continuò se vergebat , ut illam sanctam visionem illum faceret intueri . cui statim rex ait , domine comes , quod tu vides , dei misericordia cooperante video , et ego , et iesum christum salvatorem meum in forma humana visibiliter adoro , cujus nomen sit benedictum in infinita secula , amen . inde ad preces lacrymasque conversi , inebriantur ab ubertate domus dei. post finem officii conferunt de coelesti visione sermonem , suspiriisque crebro sermonem interrumpentibus . te nunc , ait rex , leofrice , per ejus quem vidimus majestatem obtestor , ne quoad usque vixerimus sermo proferatur in publicum , ne vel nos in perniciem nostram ob favorem vulgi pulfet elatio , vel fidem deroget dictis infidelium aemulatio . this earl notwithstanding , divina ut creditur inspiratione edoctus , it a domini sui servavit imperium , ut tantae virtutis sublimit as posteros non lateret ; revealing it in his confession to a certain religious monk of worcester , rogans ut literis tradat tantae visionis arcanum , which was kept secret till long after the kings death , and then read by the freers in the ears of all the people . ita quod rex voluit esse caelatum . dei est providentia propalatum , ut & regis humilitas probaretur , et nichilominus prodito miraculo fides credentium confirmaretur . our c chronicles likewise story of peter the hermit , ( executed by king john for a false prophet and traytor ) that christ had twice appeared to him in shape of a childe between the priests hands , once at york , another time at pomfret , and that he had breathed on him thrice , crying , peace , peace , peace ; teaching him many things , which he anon after declared to the bishops . therefore he was not only visible , but acting and speaking too in this shape in these hostia's , if we believe these three domestick miracles . moreover , d henry de knyghton stories , that in the year . cornelius clonne , a knight , ( and disciple of wickliff , ) who would by no means believe the consecrated bread to be christs very body , hearing masse in the chappel of the freers predicants in london , in fractione hostiae respexit , et vidit oculo suo corporali in manibus fratris celebrantis veram carnem crudam et sanguinolentam divisam in tres partes . admirans vero & stupefactus , vocavit armigerum suum ut ipse videret , qui tamen nichil vidit nisi sicut prius solebat . miles vero in tertia particula similiter quae in calicem mitti debuit , vidit eundem colorem albedinis quae prius erat , sed tamen vidit in medio ejusdem particulae hoc nomen jhesus , scriptum * literis carneis crudis et sanguineis , quod admirabile erat aspectu . et in crastino in festo sanctae trinitatis idem frater praedicans in cruce sancti pauli , pronunciavit istud toti populo , & in fine sermonis idem miles ibidem praesens narravit oretenus totum processum publicè & apertè ad confirmationem fidei nostrae : et promisit se ibi pugnaturum & moriturum in causa ista , quod in sacramento altaris est verum corpus christi , & non panis materialis solum , ut ipsemet prius credidit . yea e osberne a monk of canterbury , in the life of archbishop odo relates ; that certain clerks then maintaining that the bread and wine after their consecration remained in their former substance , and were not transubstantiated into the very body and bloud of christ ; a special miracle was then wrought for their conversion , by blood dropping out of the host , as odo was breaking it over the chalice ; at the sight whereof odo himself wept for joy , and those clergymen which before believed not transubstantiation , were converted , and blessed the archbp. that ever he was born . by these & * other lying miracles they endeavour to prove the truth of christs bodily presence in the hostia ; th. bozius concluding g supremus locus detur miraculis , velut testimonium ipsius dei , which miracles shewed by god , do forcibly confirm the same , adds h mr. brerely : and i mr. mallon the jesuit stiles them , miraculous demonstrations in confirmation of the catholick cause ; much like the k mules adoration of the hostia in the hospital of drochora in the kingdom of valentia , an. . and of bovibile his sick mules refusing his provender . days space , and the falling down on his knees to the hostia brought to him by st. anthony of padua in solemn procession , thereby to convert the master from his heresie , in not beleeving the hostia to be christs natural body ; which miracle was for the great consolation and edification of the catholicks , though it would not convert bovibile himself , who had not so much understanding as his mule to acknowledge and adore his maker in the hostia , as i ribadeniera stories in the life of of st. anthony of padua ; on the high altar of whose church the mule is yet engraven adoring the hostia , to confirm them in the faith of transubstantiation , and adoration of the host . but whatever some catholick doctors assert of the reality of these miraculous transubstantiations ; yet k tho. aquinas , yea l vasquez , and m becanus , two jesuites , but especially franciscus collius professor of divinity at millain , de sanguine christo miraculoso , printed cum privilegio anno . with others , repute all or most of these apparitions and miracles ; first , not to be the true body , flesh , or blood of christ , and at most but only a colour or signe thereof : . n because they had not the lineaments , shape and proportion of christs bodie crucified on the crosse . . because he cannot appear in his proper forme in two places at once . ly . because it were hainous wickednesse to inclose him in a pix appearing in his own form . ly . because blood cannot now be shed out of his glorified bodie . ly . the shedding of his blood out of his bodie and veins was only on the crosse ▪ ly . no part of his flesh can be reserved out of his body without great undecencie . secondly , that they proceeded only from a vehement imagination , or a melancholy , weak or crazie fantasie or apprehension , especially when seen only by one or two persons , not by all others present . thirdly , that they were only ex parte videntium tantum , & non ex parte eucharistiae . fourthly , that hujusmodi apparitiones solent fieri per illusionem daemonum ; whereupon becanus cautions , qualibet talis apparitio diligenter examinanda est . maxime autem suspecta esse debet apparitio quae fit mulierculis ; wherefore he and their wisest doctors wave all these apparitions of christ in the form of flesh and blood in the eucharist , as res incerta , de qua nihil affirmare ausim ; yea most * protestants deem them meer figments , impostures , or impious frauds of their priests , to delude the vulgar . as for alexander alensis , gabriel , palacius , bozius , coccius , breerly , mallon , and others , who repute them reall miracles and apparitions of christs natural body , flesh , and blood ; i leave them to consider how little they advance the reputation of their doctrine of transubstantiation , only shewing the unconscionablenesse of their disputers , ( as o bishop morton largely proves ) in requiring faith of others to beleeve such and such apparitions of christ and his blood , which they themselves by their own reasons , contradictions and conclusions have made incredible . to pretermit † other pretended miracles and apparitions as aforesaid in the eucharist . p tho. walsingham from the testimonie of william de bonvil an english knight , relates this miracle , that otho imperator dysenteriae morbo laborans , cum instante morte viaticum recipere non auderet ( quia nihil retinere poterit ) tamen corpus christi ad instantiam ejus , ut illud videret , allatum humiliter adoravit , & cum quasi amplexaturus brachiis expansis , nudatò corpore appropinquaret , hostia illa in loco illo ubi cor latuit facta apertura intravit , prosiliens de manibus sacerdotis , et absque omni cicatricis vestigio reclusus est sic que recumbens spiritum reddidit , ; ( this miraculous hostia leaping so nimbly out of the priests hands , passing through otho his ribbs into his bea rt , being no other but christ himself , as they reputed , who came into his disciples after his resurrection , the doors being shut , jo. . . . ) our q historians likewise record of hugo de sancto victore , prior of st. victors near paris , quod cum in extrema infirmitate laboraret , & nullum cibum retinere posset , corpus tamen dominicum sibi dari instanter postulavit , quod cum propter jugem vomitum non posset eucharistiam retinere , & hac de causa fratres ei verum sacramentum afferre noluissent , rogavit eos ut saltem sacramentum super ejus latus poneretur . quo facto latus infirmi aperuit , & hostia corpori se immisit . others write , that ille eucharistiam consecratam videns , sed retinere non valens , erectis manibus ait , ascendit filius ad patrem , & spiritus ad deum qui creavit illum : & statim expiravit , & corpus domini disparuit ; as they r storie that it did in the day of king stephens coronation , cum rex communionem corporis christi esset percepturus , eucharistia inter manum archiepiscopi & os regis subito elapsa , disparuit : as his true and perfect bodie , after his resurrection , and before his ascention , vanished out of the two disciples sight , luk. . . these forged miracles to support their doctrin of christs corporal personal presence in his natural bodie and bloud in their consecrated hosts , chalices by way of transubstantiation as aforesaid , ( which hath really transubstantiated many hundreds of orthodox christians bodies into ashes , burnt as hereticks for not believing it ) seconded with their adoration of the hostia in their elevations , processions , pixes , altars , ( especially on the feast of * corpus christi ) as they no wayes prove what they affirm , so they totally overturn the foundation of st. peters and their popes universal monarchie and vicarship , as i have evidenced ; let all romanists therefore henceforth take their choice , either to renounce st. peters and the popes pretences , claims thereto ; or else to abjure their trent popes , councils , doctors , churches canons , articles touching the eucharists transubstantiation , reservation , adoration , subversive of and inconsistent therewith ; and that upon these further grounds , discovering its falsity , vanity ; which i shall but briefly touch . first , it is directly contrary to many expresse scriptures , to some articles of the christian faith , and to the nature and properties of christs human body . ly . it is accompanied with manifold absurdities , contradictions , impossibilities , and apparent untruths , which a others have at large demonstrated , and i shall not insist on . ly . it is contrary to the verdict , evidence , testimonie of our sences , both of seeing , feeling , tasting ( if not of smelling too ) which god , yea christ himself have made , resolved to be not only competent , but b infallible judges of the truth and real presence of christs human body , yea ground of the truth of the very articles of our faith , concerning his nativity , passion , burial , resurrection and ascension into heaven , as these signal texts assure us , john . , , . mat. . . c. . . c. . . rev. . . john . . lu. . , , . c. . , , , , . , , . c. . , , , . c. . , , to , , , , , , . john . , to . cor. . , , , . acts . , , , , . c. . . c. . . and st. peter himself an eye witnesse of them frequently avers , act. . , . c. . . c. . , . c. . , to . pet. . , , . ly . whereas the romanists as their last and best refuge , pretend their transubstantiation to be a miracle ; it is so farre from a miracle , that it is directly contrary to the nature , properties of every real miracle wrought by any person in the old , or by christ or his apostles in the new testament ; and that in these respects ; which because others have not fully pressed , i shall most insist on . . all miracles are ever so visible , apparent , conspicuous to the eyes and senses of all those in whose presence they were wrought , that they leave no place for any ambiguity or dispute , carrying a self-conviction with them beyond contradiction , being therefore usually stiled in the scripture , c 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , in greek ; in latin , signa ; which we english , signs ; because they are alwayes visible to mens eyes , like merchant marks , or seals upon their wares ; like d comets or signs in heaven , beacons upon a hill ; e ensigns of souldiers set up in a field ; or as signs hung up at innes , taverns , shops ; or else 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , &c. which we translate spectaculum in latine , in english a spectacle , or publike shew , from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , spectatio , or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , spectare cum admiratione , to behold a thing with admiration , as we use to behold a comet , new blasing starr , or any strange , unusual spectacle , or glorious sight , or monstrous creature ; an invisible miracle , not apparent to mens eyes , senses , being a direct contradiction both to the nature and property of a miracle , as these direct scriptures resolve ; exod. . , to . . . c . , , , . to . c. . , to . deut. . . c. . . josh . . . num. . . kings . , to . john . , , . c. . . . c. . , . c. . , , , , . c. . . c. . , , . . . c. . , , . c. . , , . mat. . . , . c. . . c. , . c. . , . c. . , . c. . , . c. , . mar. . , , . lu. . . c. . . act. . , to . . c. . . to . c. . . , . c. . . c. . , , , . c. . , . c. . , . c. . . c. . , . heb. . . with others in the margin . now this their pretended miracle of transubstantiation , which is almost daily and perpetually wrought in all churches , countries , but e never visible to the eyes , or but rarely seen , never appearing to all the communicants or peoples eyes , senses present at their masses or consecrations of the sacred elements ; must necessarily be no miracle , but a meer absurd forgery , or imposture . ly . all real miracles done by gods appointment or commission , were very rarely wrought , and that only in some places by a few extraordinary persons , as moses , aaron , elias , elisha in the old testament , and by christ and his apostles in the new ; not daily , ordinarily , nor by every ordinary prophet , all evangelists , or ministers ; whence st. paul even in the apostles age resolves , cor. . . . to another is given the working of miracles ; to another divers kinde of tongues , &c. by the same spirit . are all workers of miracles ? have all the gift of tongues ? but this pretended miracle of transubstantiation , is almost daily and perpetually wrought in all churches throughout the world year after year ; and that by * every ordinary priest whatsoever , good or bad , holy or unholy , as well as by st. peter himself , or the greatest pope , patriarch , bishop , cardinal , as they resolve : therefore it can be no miracle . ly . every true miracle wrought by moses , aaron , elisha , christ , or his apostles , was wrought for the g confirmation of the truth of the messages , doctrines , or articles of faith they were sent to deliver , preach , publish , to work faith or belief thereof in the beholders of them , by the very fight of the miracles themselves , which were collateral to their messages , doctrines ; not the very messages or doctrines they delivered . but this pretended miracle of transubstantiation being invisible , and contrary to the verdict of mens senses , confirms very few or none in any article of the christian faith ; and if at any time visible by an extraordinary apparition of the hostia in the form of a childe , lamb , raw flesh or blood , it is g wrought only to confirm the belief of it self , not of any other point or article of our christian faith : therefore it is no miracle . fifthly , no ordinary part or ingredient of any sacrament in the old or new testament , was ever a real or proper miracle , but h only a mysterie , or visible sign of an inward and spiritual grace represented in or by it : nor was ever any real miracle a necessary part of a sacrament . but the miracle of transubstantiation , as they resolve , is a necessary part , ingredient of the sacrament of the lords supper , and soul of their masse : therefore no real , but forged miracle . sixthly , no real miracle destroyed the use , or end of that very thing for which it was wrought , and of that sacred ordinance to which it principally related , but ratified and confirmed it . now this pretended miracle of transubstantiation when ever really or apparently wrought , destroyes the end , use of the sacrament of the lords supper , for which it was wrought , and to which it appertains ; their i schoolmen , casuists , canonists and legends generally resolving , that when ever the consecrated hostia or wine appears to the priest or communicant in the form of a little child , lamb , raw flesh , finger or blood , it is a divine inhibition to them , not to eat , drink , or receive it , as christ commanded , whiles it appears in such a form , till it resumes the form or species of bread and wine ; which is very observable . therefore by their own resolutions it can be no miracle , but a meer anti-sacramental imposture , repugnant to its eating , drinking , the very ends for which it was instituted . seventhly , no true real miracle did ever transform the very words , nature of a benediction or consecration , into a meer destructive annihilating execration of the things consecrated . but this of transubstantiation alters the very words of blessing & consecration , by which it is pretended to be wrought , into a meer destructive annihilating execration , of the very substances of the bread , elements , wine consecrated by their priests , contrary to all other forms of consecration whatsoever in the old or new testament , and in the church of rome it self , which never really transubstantiated , much lesse annihilated the substances of the things or persons consecrated , but only altered their common use to a sacred , and thereby preserved , yea priviledged their substances from any violence upon them . for instance : the consecrations of the tabernacle , temple , of all the utensils , vessels belonging to them , of kings , high priests , priests , levites , prophets , and their vestments ; as likewise of the first-born , first-fruits , tithes , oblations , altars , dayes to god , by gods appointment in the old testament : of apostles , bishops , presbyters , ministers , deacons , children by baptism under the new : of k kings , queens , princes , popes , archbishops , bishops , priests , abbots , monks , nonnes , or other persons : of churches , chapels , churchyards , altars , chalices , corporals , priests vestments , bells , holywater , holy-daies , chrisme , swords , banners , ashes , images , pixes , candles , & other particulars mentioned in their roman caeremonials , pontificals , rituals , did & do never change , much lesse annihilate the matter , substances of any of them ; but only their use ; yea the consecrations annexed to their substances , which they exempt , preserve from all violence , injury , prophanations , as a sacred , to which they were exposed before their consecrations , as they all resolve and decree . that therefore the very words of benediction , consecration pronounced over the elements of the bread and wine in the eucharist ; should not only transubstantiate but annihilate and destroy their very substances , as some * romish grandees assure us , against the use , scope , end of all other consecrations whatsoever , and metamorphose their very benediction into the b greatest curse or execration , worse then that christ denounced against the c barren fig-tree , which made it only to wither and dry up , but did not quite annihilate it ; yea worse then the d condemnation of the cities of sodom and gomorrah , which god turned into ashes , but not into meer nothing ; inflicting on them the very e judgement of the last day , when the heavens shall passe away , and the elements , earth , and works that are therein shall be burnt up and dissolved , insteed of a benediction and exemption from violence ; is not so much miraculous , as monstrous , impossible , incredible , untheological . eighthly , god and christ never wrought a miracle , but to manifest , or advance their glory , divine adoration , and destroy idolatry , john . . kings . . . . but this pretended miracle serves only to introduce and advance a new kind of idolatry , in adoring the consecrated host with divine adoration , as if it were god himself : when as it is in truth but a creature ; which is both material and formal idolatry ; as f sundry protestant divines , and some pontificians acknowledge : therefore it can be no miracle : especially , if in the ninth place we consider the sandy foundation whereon this miracle is built , to wit , on these . or . words pronounced over the hostia by the priest , thus prescribed in the canon of their masse , hoc est enim corpus meum : which being at this day pronounced over the bread , . not by christ himself in person , as at first ; but only by the priest , who is but christs minister , representative at most . the words g this is my bodie , &c. pronounced by him , must be false , or the priests body , or can only produce a representation of christs body , as he is christ , but in representation . ly . not uttered by christ then , or priests now , as words of consecration ( his benedicton of the bread and cup being † precedent to them . mat. . , . mar. . , , . lu. . , . cor. . . c. . , . tim. . , . ) much lesse of operation , or transubstantiation , directed to the bread it self , or wine , to make them his very body and blood ; but only by way of excitation , directed wholly to the disciples and communicants , as a reason why they should receive it , as the word enim infallibly demonstrates , which themselves in the canon of the masse annex to hoc est ( enim ) corpus meum ; as christ annexed it to hic est enim sanguis meus novi testamenti , &c. mat. . . ly . because now used only as an historical commemoration or recitation , rehearsing what christ did and said when he first instituted this sacrament , and delivered it to his disciples above years past ; as lu. . . cor. . , . their own canon of the masse : and micrologus , c. . assure us by their qui pridie quàm pateretur ; accepit panem in sanctas & venerabiles manus suas , &c. deditque discipulis suis dicens ; accipite , &c. hoc . est enim corpus meum , &c. hoc quotiescunque feceritis in mei commemorationem facietis : not as a thing now really acted over again by christ when the priest recites this historie . which words used by way of historical commemoration of what christ then did , spake , can no more ( in point of reason or experience ) actually transubstantiate the very bread and wine now consecrated by the priest in memorial thereof ; then his reading or recital of the historie of the creation , gen. . or drowning of the old world , building the temple , the several battels , slaughters of men in the old testament , or of christs conception , birth , circumcision , crucifixion , burial , resurrection and ascention in the new , in the church or at masse , can produce a new actual creation of the world , or new deluge , temple , new battles , slaughters of the self-same or other men , or a new real conception , birth , circumcision , crucifixion , burial , resurrection , ascention of christ himself ; neither the reciting , acting , nor representing of any history past , ever yet producing an actual real reacting of it in specie or individuo ; therefore this historical rehearsing of what christ did and spake when he instituted his supper , cannot possibly make every peece of bread , drop of wine , ( made , consecrated above years after christs passion ) his very natural body and blood born of the virgin mary , erucified and shed upon the crosse , by way of adduction or production , without any new addition thereunto , or creation of a new body and blood , which he had not before , h no not by a miracle , or divine omnipotency . ly . the words then uttered by christ ( admit he used the word est , not usual in the hebrew tongue , which he then spake , as some observe ) are not direct or positive ; this bread or wine is turned into , or is become , or is made my bodie , and my blood , used in all other real transubstantiations of one thing into another both in the old and new testament , as gen. . . exod. . . c. . , , , , . c. . , . john . . c. . . rev. . . . whence the devil himself when he tempted our saviour to work a transubstantiation of stones into bread , used this expression , matth. . . command these stones to be made bread : but only ( as their latin translations render it ) hoc est corpus meum : which verb ●●● , est , or is , relating to the words hoc , and hic ; and both of them only to the bread and cup , which christ took , blessed , brake and delivered to his disciples , as the q evangelists , and r st. paul expresly resolve , ( not to any ſ individuum vagum , matcria prima , or t planè nihil , as some of their seraphical doctors absurdly determine ) it must of necessity be interpreted significatively , commemoratively , or sacramentally , not identically ; since disparata de disparatis non praedicantur identicè ; it being impossible that bread and wine , creatures specifically distinct from christs mystical body and blood , should be identically his body and blood , but only representatively , commemoratively , or sacramentally , as u some of their own doctors confesse . in which sense it is most usually taken throughout the old and new testaments in texts of like nature , as gen. . . c. . , . dan. . . ezech. . . c. . . mat. . . c. . . c. . . cor. . . gal. . . rev. . , , , . more particularly isay . . all flesh is grasse : surely the people is grasse ; that is , as or like to grasse in respect of frailtie , pet. . . job . . psal . . . psal . . . jam. . . so eccles . . . c. . . c. . . all is vanity . job . . my daies are vanity . psal . . , . surely every man is vanity , every man in his best estate is altogether vanity ; eccles . . . childhood and youth are vanity , that is , like to vanity . psal . . thus is is used in all languages by all sorts of persons , and in our own english dialect , as these several instances known to every child , ordinary porter , and peasant , will demonstrate . for instance : if any persons come into a room or gallery , where are statues , pictures , or hangings garnished with several pourtraitures of men , beasts , fishes , trees , flowers , fruits ; they usually say of these statues or pictures ; this is king henry the . this is king edward the . and so of all other kings : this is my father , this is my mother , this is my wife , &c. yea this is the virgin mary ; this is my saviour jesus christ in her arms ; this is christ upon his crosse ; this is his body , this is the wound in his side , these are his pierced hands and feet ; this is a lyon , this is a whale , this is an eagle , this is a vine , this is a rose , this is an apple ; and so of all other pictures . if we passe through any city where are innes , taverns , shops , with signes affixed to them , we use the self same language of them , this is the sunne , this is the kings head , this is the bear , &c. stiling the very houses by the names of the creatures , persons , whose statues or pictures only are affixed thereunto . the like we say of ships in a fleet , distinguished by such signes . if we resort to a well furnished library or booksellers shop , we likewise say , this is st. augustine , this is st. chrysostom , this is plato , this is seneca , &c. calling every of these , and all others writings , authors themselves ; thus we stile our owne and other mens hand-writings , print of seals , and declarations of their wills in writing , when we mention , yea give them in evidence upon oath . this is my hand , this is my seal , this is my will ; or this is the hand , seal , will of such a person . and to name no more particulars ; every pope in his bulls and instruments usually stiles himself st. peter ; the popes palace , petri limina ; the revenues of the roman church , st. peters patrimony , yea the rents reserved on st. peters or our lady day , st. peters or our ladies rents , or peter-pence , only because payable on the dayes dedicated to their memories . now that the verb is , ( against sense , reason , the rules of grammar , and all these vulgar forms of speech used in all ages , languages by all sorts of persons in these and other particulars ) should be predicated only identically , substantially , in this is my body , and necessarily signifie , that the bread is really transubstantiated into , become , made christs very natural bodie and blood born of the virgin mary , but not significatively , representatively , that it is only the figure , representation , or sacrament of his body and blood ; and be so peremptorily asserted , when accompanied with variety of absurdities , impossibilities contradictions which attend this sense ; may more justly be stiled a miracle , ( or monster , then transubstantiation , which they found upon it : the rather , because as the scripture no lesse then ten several times expresly stiles the bread after as well as before its consecration in the eucharist , * bread , because it still remained bread in its substance as well as in its species and accidents ; so the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , est , or is , in sacred writ , did never yet signifie , is now made , become , turned , or transubstantiated into the very substance of the thing it is predicated of , and that by its bare pronunciation , at the very instant after it is pronounced , but only significatively or improperly as aforesaid , as these instances will most convincingly evidence beyond contradiction . sundry evangelical texts expresly stile and aver , the church & faithfull christians , to be the members , bodie , bones , flesh of christ , yea , christ himself , witness ephes . . . the church , which is his body : and reciprocally , col. . . his body which is the church . eph. . , . he gave some apostles , &c. for the edifying of the body of christ . cor. . . now ye are the body of christ , and members in particular . ephes . . . for ye are members of his body , of his flesh , and of his bone ; and they two ( christ , and his church ) shall be one flesh , which is therefore called christ . cor. . , . for as the bodie is one , but hath many members , even so is christ ; to wit , his spouse the church . ephes . . . till we all come , &c. unto the measure of the stature of the fullnesse of christ : whence st * augustine affirms , ipsi christiani cum capite suo , quod ascendit in coelum , vnus est christus : omnes in illo et christi , et christus sumus . now although christ took upon him their very x human nature , flesh and blood , and was made man like to them in all things , sinne only excepted ; yea y made one with them and they with him , as their spiritual head , husband , he dwelling , abiding in them and they in him : whence he cries out when they are persecuted , z saul , saul , why persecutest thou me ? i am iesus whom thou persecutest : and when they are visited , fed , clothed , he particularly affirms , a i was an hungred , and ye gave me meat , i was thirsty and ye gave me drink , i was a stranger and ye took me in , naked , and ye clothed me , sick ▪ and in prison , and ye visited me ▪ verily i say unto you , in as much as ye have done it unto one of the least of these my brethren , ye have done it unto me : and so vice versa in the negative ; yea though he superadded of those who are his apostles , ministers , he that heareth you heareth me , and he that despiseth you , despiseth me ; neither of all which was ever once affirmed by him of any of his apostles of the consecrated bread or wine in the eucharist , whose nature , similitude he never assumed . yet no roman pontiff , council , priest or prelate , did ever from all or any of these texts professedly assert , or once endeavour to prove , that the church and every believing christian , priest , was really transubstantiated into the very natural body , members , flesh , bones of christ , and into christ himself ; but only into his mystical bodie , members , flesh , bones , in a mystical and spiritual sense ; yea though st. augustine ( cited by b gratian , beda , ) and c st. chrysostom too asserts , quia passus est dominus pro nobis , commendavit nobis in isto sacramento sanguinem suum & corpus , quod etiam fecit nosmetipsos , nam et corpus ipsius facti sumus & per misericordiam ejus quod accepimus nos sumus . ; yet bartholomaeus brixiensis and other glossers thus interpret it . haee relatio refertur ad ecclesiam , non ad corpus suum sumptum de virgine . non ergo fecit nos corpus suum quod natum est de virgine , & sumitur in altari sub specie panis & vini , sed fecit nos corpus suum spirituaie , icil . ecclesiam fidelium : ▪ ●hough chrysostom averrs , * nos secum christus in unam quasi massam , ( ut ita dicam ) reducit , neque in fide tantum , sed reipsa nos corpus suum effecit . then much lesse can these words of our saviour ; this is my body , this is my blood of the new testament , &c. uttered by him but once , necessarily or probably inferr , that the consecrated bread and wine , whose natures , shapes , accidents , christ never assumed ; which were never stiled christ himself , his members , flesh , bone ; one , or one flesh with him , in scripture , inferr or imply any real transmutation of them into the very substance of his natural body & blood born of the virgin , praeexistent so many hundred years before , what ever erroneous popes , romish councils , or doctors , for their own private lucre ( to make their masse , a real propitiatory sacrifice for quick and dead ) have hitherto disputed , defined to the contrary . finally , whereas a bellarmine , maldonet , and other pontificians do principally ( next after hoc est corpus meum ) ground their doctrine of transubstantiation , and christs corporal personal presence in the eucharist , on john . , , , . verily , verily i say unto you , except ye eat the flesh of the son of man , and drink his blood , ye have no life in you . whoso eateth my flesh , and drinketh my blood hath everlasting life ; for my flesh is meat indeed , and my blood is drink indeed . he that eateth my flesh and drinketh my blood , dwelleth in me and i in him : i answer . a origen , * augustin . bertramus , with berengarius of old , and of later times cardinal cajetanus in his commentar . in joan. cap. . hermannus bodius in his collectanea , ( as b sixtus senensis confesseth ) cornel. jansenius in his concord . evang. in joan. . biel , cusanus , taper , hesselius , and petrus lombardus l. . dist . . d. besides other docti , & religiosi , & probi viri catholici of the roman church , as c maldonet acknowledgeth ; as well as luther , oecolampadius , and other protestants resolve ; that this chapter , text was never intended of the eating of christs body and blood in the sacrament , but only of our mystical or spiritual eating and drinking it by faith alone ; as these unanswerable arguments will evidence : . because these words were spoken by d christ near a year or more before the institution of the lords supper . ly . they were spoken to all the people and capernaites , who followed christ only for the loaves , john . , to , to whom he never administred the sacrament , not to his . disciples , e to whom only he administred it at his last supper in private . ly . because it speaks only of the eating of that f bread and flesh of his which came down from heaven , not of the sacramental bread or wine , of which there is not one syllable in this chapter , being not then instituted . ly . of that eating and drinking which is only spiritual , g by faith , not oral by the mouth or teeth , and so st. peter himself as well as christ then expounded it , v. . ly . of such an eating christs flesh , and drinking his blood without which none can have spiritual or eternal life : therefore not of a sacramental eating ; else all infants and others who die before they receive the sacrament , must necessarily be damned : which the church of rome as well as protestants contradict . ly . of such an eating and drinking only which gives eternal life to all who eat christs flesh , and drink his bloud ; which the sacramental eating doth not , for all unworthy communicants eat and drink damnation to themselves , cor. . , . ly . of such an eating his flesh and drinking his blood , as their dwelling is in christ , and christ in them , john . . but that dwelling is only spiritual or mystical , h by faith alone , not by i eating , swallowing , bodily inhabitation , union or commixture with the bodies of the communicants , as many romanists in odium haereticorum assert , by k suarez his confession . ly . admit this text meant of the sacramental eating christs flesh & drinking his blood ; it proves only a quite contrary transubstantiation to that the romanists assert , to wit , of the flesh of christ into meat or bread indeed ; & of his blood into drink or wine indeed ; not of bread into his flesh indeed ; as the words infallibly attest . ly . it utterly subverts their half-communion ; and depriving lay-communicants totally of drinking christs blood , by taking from them the sacred wine , cup , here severed from their eating his flesh in the consecrated bread ; as not only sacrilegious , but damnable ; since none by the express letter of the objected text , can have any everlasting life , or dwell in christ , and christ in them , unless they drink his blood as well as eat his flesh , being here thrice coupled together with the conjunction and , yea ratified with this double asseveration of christ himself , who is the truth ; verily , verily , i say unto you ; so as they must now either renounce their half communion , or this abused text , and their doctrine of transu●●●a●●iation founded thereon : which as it subverts st. peters and their popes usurped universal ecclesiastical and temporal monarchy , vicarship , and as it is wholly inconsistent with it , or their ladies , queens , empresse , goddesse maries soveraignty , or the antient undoubted ecclesiastical and temporal rights of all christian kings ; so particularly of our kings of england and ireland ; whose papal usurpations on their crownes , were the original occasion of many horrid conspiracies , insurrections , rebellions , treasons , wars , attempts against their sacred persons , prerogatives , subjects liberties , properties in former ages , as the ensuing exact chronological vindication , &c. will at large demonstrate during the reigns of king john and henry the d. to which i shall now apply my self ; having been more large in this introduction to it , to help fill up the vacant pages left for the second book , which i originally designed to have annexed thereunto ; but amounting to an intire tome of it self , was necessitated to sever from it . the second tome , and third booke . the prologue . i am now ( through divine assistance ) arrived at the second tome , and principally intended part of an exact chronological and historical demonstration of our british , roman , saxon , danish , norman , english kings supream ecclesiastical iurisdiction over all prelates , persons , causes , within their kingdomes , and the popes and popish prelates intollerable usurpations on , oppositions against the same : beginning with the tempestuous reign of our unfortunate king john , when the antientest charter , clause , fine , liberate , patent , and other rolls , yet extant in the treasury of the tower of london , begin : the jawes of all-devouring time having totally consumed all precedent rolls of this nature , during his predecessors regins , except some antient charters , and other fragments of records never reduced into rolls . in this kings reign we meet with the highest attempts ▪ the most audacious dangerous conspiracies , and treasonable vsurpations , ever formerly made , not only upon the just antient rights , priviledges , prerogatives of the crown , but also upon this king and his kingdoms of england and ireland themselves , occasioned by the treacheries , rebellions of some of his disloyal popish prelates at home , ( instigating the barons to take up arms against him ; ) and by the unchristian practises , tyranny of pope innocent the iii. combining with those perfidious bishops , who perswaded him to interdict the whole kingdom , excommunicate king john himself for sundry years , and at last to deprive him of his crown , kingdomes , and give them to the king of france ; yea injoyning , exciting him , and other foreign enemies , to raise puissant forces by land and sea , to deprive him and his posterity of the crown and realms of england and ireland by open force . the clashes betwixt the papal crosier and royal scepter during his reign ( arising from small beginnings ) and the contests between him , stephen langeton archbishop of canterbury , and the bishops , barons confederating with him , farre exceeding those of king henry the i. and ii. with archbishop a●selm , and becket , his trayterous predecessors , ( canonized for their treasons , ) and producing the sadd●st tragedies ever acted in any age on the theatre of our other little world ; which though resolutely , and gallantly resisted , encountred by king john , with great regal magnanimity , courage , p●udence , and good success for sundry years at first ; yet at last through the terrours of the popes long-continued interdicts , excommunications , abjudication of him from his crown , kingdoms , the formidable forces of his foreign enemies ready to invade , seise upon him , and them ; the treachery of many of his own bishops , clergy , nobility , subjects , ( all absolved from their allegiance to him by this nocent pope innocent ) on whose cordial assistance he could not safely rely ; but principally through the panni●k fears , terrours , wrought in his mind by the prophecies of peter the hermit , forged letters , and the uncessant intoxicating sollicitations of pandulpbus the popes legate , representing all these dangers to his sad melancholly thoughts in their blackest colours ; perswading him there was no other possible means left to preserve his life , crown , kingdoms , ward off the impendent dangers disperse the tempestuous clouds then hanging over him , or to save his immortal soul , but by making his peace with god , and taking sanctuary in pope innocents bosom , by casting himself down at his papal feet , and resigning his crown , kingdoms of england and ireland into his hands , to protect , dispose of as his own ; was thereupon in conclusion ( though with much reluctancy ) induced to resigne them by a detestable charter into this popes legates hands , to his use , to become the popes feudatory under an annual rent ; yea to do homage , swear fealty to him and his successors , as their vassal , to his perpetual infamy ; as likewise to part with other chief flowers of his royal ecclesiastical prerogative , and jurisdiction over his perfidious usurping popish bishops , to his own and his successors grand prejudice . which encouraged succeeding popes , prelates upon every oportunity to make many new successive dangerous bold incroachments upon the prerogatives , rights , priviledges of our kings , their subjects liberties , properties , to their intollerable grievance ; till at last they were necessitated by degrees to shake off their unsupportable papal yoaks , and usurpations . i shall begin with some histories and records in the first year of king johns reign , evidencing the supream ecclesiastical jurisdiction both claimed and exercised by him in and over all persons , causes within his realms ; with his vigilant care , industry to preserve the same against foreign papal , domestick episcopal and monastical usurpations , upon several emergent occasions : proceeding in a chronological method , except only where the series of the history , ( to make it compleat and more intelligible ) or some other just occasion , shall necessitate me to resort to subsequent years and records , before their just order of time. book iii. chap. i. conteining evidences of king johns supream jurisdiction over all bishops religious and ecclesiastical persons , causes , bishopricks , monasteries , tithes , advousons , in granting licenses to elect , and to approve or reject bishops , abbots , when elected ; examining the jurisdictions of all ecclesiastical courts ; imprisoning , banishing bishops , clergy-men ; seizing their bishopricks , spiritualties ; confiscating their goods , benefices , for their contempts , and obedience to the popes interdicts , and unjust commands , with other particulars ; and his strenuous vigilant defence of the rights of his crown , against provisions , and other papal and prelatical usurpations in england and ireland , till the . year of his reign . it is very observable , that king john at his coronation in westminster abby , june . anno dom. . was sworn in the first place by hubert archbishop of canterbury ( as ( a ) matthew paris and others relate : ) quod sanctam ecclesiam & ejus ordinatos diligeret ; & eam ob incursione malignatium indemnem conservaret ; & dignitates illius bonafide et sine malo ingenio servabit illaesas , as ( b ) roger hoveden expresseth it . this archbishop with all the bishops , abbots , nobles present at , and consenting to this oath , and doing homage and fealty to him , thereby declared him to be supream governour , patron , protector , and head on earth of the church of england , as well in ecclesiastical as temporal affairs , else this oath had been nugatory . the . of june following , he was solemnly divorced in normandy , in the presence of . of his norman bishops from the duke of gloucesters daughter : unde magnam summi pontificis innocentii tertii , & curiae romanae indignationem incurrit , praesumens temere contra leges & canones dissolvere , quod eorum suerat auctoritate colligatum , as ( c ) radulfus de diceto informs us : but he no more valuing their indignation then he did their canons and laws , soon after married isabel sole daughter and heir of the earl of engolesme , who was crowned queen , octob. . by archbishop hubert ; this pope and cardinals not daring to question , or null his marriage . immediately after ( d ) pope innocent the d. sent his legate to king john , desiring him to release philip bishop of b●lvoire , ( taken prisoner by king richard the first in the field , and kept prisoner by him all his life , notwithstanding this and other popes importunate letters for his enlargement ) vnder pain of an interdict , who had-then by the space of two years been detained under most cruel imprisonment ; ( some months in his very armes , in which he was taken fighting , not suffered to be put off day or night ) but because the said bishop was taken in armes as a souldier and plunderer , against the dignity of his order , the king ( notwithstanding this popes intreaties and menaces ) would not enlarge him untill he had paid . marks of sterling money to his exchequer , and . marks for his expences , during his imprisonment under king richard and himself ; which he accordingly paid : and till he had also taken an oath before the cardinals and other bishops , never thereafter to bear armes , during his life , against any christians . in the year . no lesse then . nuns of the monastery of ambresbery , were accused and convicted at one time for their vnclean lives , to the dissolution and infamy of their order , whereof they had been publickly defamed : whereupon rex ( king henry the d . by power of his regal prerogative ) expulsis sanctimonialibus , de abbatia de ambresberie , propter incontinentiam , & per alios domos religiosos , in arctiore custodia distributis , expelling the nuns from this abby for their incontinency , distributed them throughout other religious houses , in stricter custody , ( by way of pennance ) and gave it to the abbesse and nuns of fount-everoit , for a perpetual possession ; who sending a covent of nuns thither from fount-everoit , richard archbishop of canterbury inducted them into the abby of ambresbery , on the . of the kalends of june , ( being the lords day ) king henry the father , bartholomew bishop of exeter , john bishop of norwich ; and many other of the clergy and people being then present , as ( ) roger de hoveden relates in precise termes : and by his charter , anno . confirmed the lands of this abby to them , with many liberties , and that by advice and consent of the archbishop of canterbury , and many other bishops , great men , and barons of the realm . king john in the first year of his reign , by his charter , reciting all the premises in the prologue , confirmed this charter of his father , ratified these nuns deprivations and imprisonments in other monasteries , for their incontinency , by his father , with consent of his bishops , nobles , and request of pope alexander , transferring this abby , and all lands thereto belonging , from one rank of nuns to another , takes both these nuns persons , lands into his royal protection , as if they were his own demesnes , grants them several tithes , churches , large priviledges , and prohibits by his regal authority , granted to him from god , that none of his officers or subjects should disturbe them therein , nor implead them , but in the presence of himself and his heirs . the charter it self runs in these words . johannes dei gratia rex angliae , dominus hiberniae , &c. sciatis moniales de ambresburia , circiter xxx . propter vitae suae turpiditudinem , & ordinis sui dissolutionem , & infamiam quae divulgabatur publicè , mandato domini papae alexandri , voluntate etiam domini regis henerici patris nostri , consilio quoque & prudentia richardi cantuariensis archiepiscopi , apostolicae sedis legati , & joselini , sarum , & bartholomei , exoniensis , & rogeri wigornensis , & g. londonensis , & aliorum plurimorum episcoporum , & magnatum , & baronum nostrorum , a monasterio suo fuisse amotas , & in aliis monasteriis collocatas , & moniales de ordine fontis ebrardi ibidem , ad serviendum deo introductas . quamobrem concedimus , & presenti cartâ confirmamus , ordini & religioni fontis ebrardi , pro salute animae regis henerici patris mei , & religionis honestate , pro salute nostra , & omnium antecessorum nostrorum , donationem quam dominus rex henricus , pater noster , fecit ecclesiae prefatae fontis ebrardi , scilicet , ecclesiam sanctae mariae , & sancti melori de ambresbery , cum omnibus rebus quae ad eam pertinent , tam in ecclesiasticis quam in mundanis possessionibus , ut ordo & instituta ecclesiae fontis ebrardi ibidem quiete conserventur , & conventus monialium multo major quam fuerat , sub custodia priorissae , secundum ordinem praefatae ecclesiae deo famuletur . hanc ecclesiam , cum ▪ omnibus rebus quae ad eam pertinent , & omnes possessiones fontis ebrardi , sciatis nos velle manutenere , & defendere , & liberas & quietas esse ab omni seculari servitio & exactione , & gravamine , & accepisse in manu nostra & defensione , & protectione contra omnes homines sicut propriam nostram & domini regis henerici , patris nostri , & antecessorum nostrorum elemosinam , &c. ( with sundry other lands ) quare volumus & firmiter praecipimus quod praedictae moniales , & earum ministri , & servientes , omnes possessiones suas , & elemosinas habeant ; & teneant , cum sacha & socha , & tol & theam , & infangenethef & utfangenethef , & cum omnibus libertatibus , & liberis consuetudinibus , & quietantiis suis in bosco , & plano , in pascuis , & pratis , & pasturis , in aquis & molendinis , in viis & semitis , in stagnis & vivariis , in mariscis & piscariis , in grangiis & vergultis , infra burgum & extra , & in omnibus rebus , solutas , liberas , & quietas , de siris & hundredis , de placitis & querelis , & de pecunia pro murdris & latrociniis , & de hamscka & de forstall & de wapentake , & hidagiis , geldis , denegeldis , hornegeldis , fornageldis , & assartis factis ante confirmationem domini regis patris nostri factam , anno scilicet incarnationis domini mclxxix . & de assisis , & donis , & scotis , & auxiliis , & operationibus castellorum , domorum , wallorum , parcorum , vivariorum , pontium , fossarum , & flegwita , & hengewita , & flemanfremtha , & summagio , & warpeni , & averpeni , & theingpeny , & hunderedespeni , & de mischening , & blodewite , & ●ithwite . et sint in perpetuum quietae pertotam terram nostram , citra mare , & ultra mare , tam per terram , quam per aquam de theoloneo , & passagio , & pontagio , & tallagio , lestagio , stallagio , & de omni consuetudine & omnibus occasionibus quae ad nos , vel ad haeredes nostros , vel successores nostros pertinent vel pertinere possunt , excepta sola justitia mortis & membrorum . prohibemus etiam regia authoritate a deo nobis concessa , ne aliquis hominum , sive minister noster , sive alius , in tota terra nostra prae●ato monasterio , vel ullis rebus ad ipsum pertinentibus , molestiam sive in juriam , sive contumeliam inferat , nec res , vel jura sua , nec nativos , vel fugitivos suos , vel catalla earum , pro consuetudine aliqua , vel servitio aut exactione pro aliqua causa disturbet de rebus suis , quas homines earum affidare poterunt suas esse proprias ; nec de aliqua possessione sua in placitum ponatur nisi in praesentia nostra , vel haeredum nostrorum , sicut carta domini regis henrici patris nostri , & regis richardi fratris nostri testantur . testibus willeilmo comite arundelliae , r. comite leicestriae , w. de stagno , b. camerario , w. de clapam , w. de cantilupo , r. de wanci , w. de ewla . r. de montebegun . dat-per manus huberti cantuariensis archiepiscopi , cancellarii nostri , xxx . die augusti apud rupem andel. anno regni nostri primo . this patent of king john is recited and confirmed by an inspeximus , pat. . h. . pars . m. . wherein i shall desire all romish votaries to consider , the notorious incontinency of these professed virgin-nuns in this age , no lesse then . of them in one abby were notoriously defamed , condemned , thrust out of their abby , and sent prisoners to other houses by pope alexander the third his direction , king henry the second , the archbishop and bishops , his nobles and barons joynt assents , ratified by , and related in . charters , under the great seal of england , in three kings reigns , ( henry . king john , and henry . ) as well as related by roger de hoveden , therefore no fiction , but an undoubted truth ; for which the king , bishops , and most of his peers gave their judgement against them : ( as king ( g ) edward the confessor formerly did in a like case , against the abbesse and nuns of berkley ) neither were or are the nunneries and nuns in foreign parts more chaste then these were , as ( h ) nicholaus de clemangiis ( archdeacon of baion anno dom. . ) attests in these words . restant nunc solae moniales : de his autem plura dicere verecundia prohibet , ne non de caetu virginum , sed magis de lupanaribus , de dolis & proca●●a meretricum , de stupris & incestuosis operibus dandum sermonem , prolixe trahamus . nam quid obsercro aliud sunt hoc tempore puellarum monasteria , nisi quedam , non dico dei sanctuaria , sed veneris execranda prostibula ? sed lascivorum et impudicorum juvenum ad libidines explendas receptacula , ut idem hodie sit puellam velare , quod et publice ad scortandum exponere . the like is affirmed , attested by ( i ) episcopus chemnensis , ( k ) cornelius agrippa , ( l ) claudius espencaeus , ( m ) alvarus pelagius , with sundry other romanists , as well as by our learned john bale , bishop of ossery , for england , in his acts of english votaries . but of this enough . the same first year of his reign , the abbot of westminster dying , the monks by king iohns license elected ralph arundel , prior of harle , for their abbot ; after which electioni facto , dominus rex qui praesens aderat assensum praebuit : whereupon he was consecrated abbot ; no bishops , abbots , priors , or other ecclesiastical persons being elected to any dignities , but by the kings previous license , and subsequent assent to the person elected , who might approve or reject him at his royal pleasure . in the second year of his reign , the dean and chapter of lexoven , within this kings hereditary dominions in france , presuming to elect a bishop without his consent , he sent this memorable prohibition to them , to preserve this antient right of the crown , descended to him from his ancestors . johannes rex , &c. w. decano & capitulo lexovi , satis novit discretio vestra quid juris & dignitatis antecessores nostri & nos similiter in ordinandis ecclesiis cathedralibus vacantibus in potestate nostra constitutis huc usque optinuimus , & quod praedictis ecclesiis cum eis vacare contigerit , non nisi de voluntate et assensu nostro potest nec debet in pastoribus provideri . verum cum jam lexov . vacet ecclesia & illius ordinatio de nostro velut de sui principis ex antiqua consuetudine & ratione multiplici voluntate pendeat & assensu , volentes jus suum in omnibus conservare illaesum , ne quid per aliquorum malitiam in hac parte de iure nostro depereat , aut quicquam in praeiudicium iuris nostri et despendium dignitatis nostrae ab aliquo statuatur ; ad dominum papam solemniter appellavimus , & per praesentes literas , & earum latores appellationem illam innovamus . mandantes vobis et firmiter prohibentes , ne aliquatinus in pastorem ecclesiae vestrae aliquem , nisi de voluntate et assensu nostro eligere praesumatis , quod nos nullo modo posse fieri permitteremus . verum cum clerici & fideles nostri sitis , vobis mandamus quatinus sic iuris et dignitatis nostrae indempnitati prospiciatis , sicut volueritis , quod juri & dignitati ecclesiae vestrae prospiciamus , ad quod deo teste salvo iure nostro promptam & pronam gerimus voluntatem . teste g. filio petri , &c. apud nottingham , decimo octavo die novembris . this kings appeal to the pope , mentioned in this prohibition , was not to make him judge of his right , but meerly to preserve it from the popes and others invasions on it , by any clandestine machinations , or extraordinary means that might be used to interrupt or defraud him of it . the same year this king by his charter commanded all clerks then imprisoned for offences throughout england , to be delivered to hubert archbp. of canterbury , upon his demand of them ; the original ground and warrant ( as i apprehend ) of all bishops demanding clerks , imprisoned , arraigned for felony , and criminal offences , to be delivered to them , to make their purgations ; before which charter they had no power to demand , nor others to deliver them to their ordinaries , when demanded as their clerks . a pregnant evidence of the kings supremacy over all ecclesiastical persons , clerks . rex &c. omnibus &c. sciatis nos concessisse venerabili patri nostro , h. cantuariensi archiepiscopo , custodiam omnium clericorum captivorum pro quocunque forisfacto fuerint capti vel detenti , unde vobis firmiter precipimus quod eidem archiepiscopo reddatis omnes clericos quos in custodia vestra habeatis si quos in custodia habebitis , vel quos vos pro aliquo forisfacto quodcumque sit contigerit habere . et prohibemus ne quis aliquem clericum pro quocunque forisfacto detinere praesumat postquam praefatus archiepiscopus ipsum requisiverit . teste willielmo maresc . apud argentem , sexto die junii . this king as supream patron of the bishoprick of norwch , granted the bishop this memorable charter to recover all lands and tenements thereto belonging , unjustly alienated by his predecessors . rex justiciariis , vicecomitibus & omnibus ballivis & ministris suis , salutem : sciatis nos concessisse venerabili patri nostro in christo j. norwicensi episcopo , quod omnes terras , tenementa , & possessiones , tempore praedecessorum suorum ab ecclesia sua injuste alienatas , juste possit revocare . et si in illis revocandis consilio curiae nostrae indiguerit : volumus & concedimus quod idem episcopus , si voluerit curiam suam in curia nostra ponat , ut loquelae suae quas ibi posuerit , per judicium curiae nostrae & consuetudinem regni terminenter . teste w. briwer . apud esseleg . decimo quarto die octobris . in the second year of his reign , ieoffery plantaginet , archbishop of york , king iohns base brother , opposed , obstructed the levying of carvage , ( demanded and granted to the king by common consent , paid by all others ) on the demesne lands of his church or tenants , beating the sheriff of yorks servants , excommunicating the sheriff himself by name , with all his ayders , and interdicted his whole province of york for attempting to levy it ; whereupon the king , much incensed for these intollerable affronts , summoned him to answer these high contempts , his not going over with him into normandy when summoned , and also to pay him . marks , due to his brother king richard ; and by his writs commanded all the archbishops servants , wherever they were found , to be imprisoned , as they were , for beating the sheriffs officers , and denying to give the king any of the archbishops wine , passing through york , summoned jeoffry into his court to answer all these contempts , and issued writs to the sheriff of yorkshire , to seize all his goods , temporalties , and to return them into the exchequer , which was executed accordingly . the king and queen repairing to york the next mid-lent , the archbishop upon soberer thoughts made his peace with him , submitting to pay such a fine for his offences as . bishops , and . barons elected by them , should adjudge , and absolved william de stutvill , the sheriff , and james de poterna , whom he had excommunicated , and recalled his former interdict . the same year there fell out a great b difference between this archbishop , the dean and chapter of york , and the archdeacon of richmond . the pracentors place at york falling void , the dean and chapter would not suffer him to present ralph de kyme , his official , to it , but themselves gave it to hugh murdac , archdeacon of cliveland , the day after he had given it to kyme ; and when the archbishop would have put him into the praecentors stall , the dean told him , it belonged not to him to put any man into a stall , neither shall you there in place him , because we have given it by authority of the concil of lateran : whereupon when the archbishop could not have his will , he excommunicated murdac ; he likewise injured honorius , archdeacon of richmond , by challenging to himself the institutions of churches and synodals , against the antient dignities and customs of the archdeaconry , which the archbishop pretended honorius had resigned and confirmed to him by his charter , which he denyed . the dean and chapter , and honorius , severally complained of these injuries to the king , who thereupon issued these patents and writs for their relief , against his violence , to the sheriff , and dean and chapter of york . rex , &c. vicecomiti & ballivis suis , &c. mandamus vobis & praecipimus , quod dilectum clericum nostrum magistrum r. de sancto eadmundo , archidiaconum richmond . custodiatis , protegatis & defendatis . et non sustineatis quod de archidiaconatu suo richmond . per clericum vel laicum aliqua ei fiat violentia vel injuria . teste meipso apud eborum , secundo die marcii . rex , &c. s. decano & capitulo eborum , &c. sciatis , quod pro debitis quae eborum archiepiscopus nobis debet , & pro defaltis & aliis causis rationabilibus cepimus in manum nostram baroniam et regalia quae archiepiscopus eborum , de nobis tenet , & hoc fecimus per iudicium curiae nostrae nos autem contra eundem archiepiscopum ad dominum papam appellavimus pro nobis & nostris , & pro statu regni nostri . teste g. filio petri , comitat. essex . apud cunesburgh . quinto die marcii . this honorius archdeacon of richmond , complained to the pope as well as the king , of the injurious encroachments of this archbishop , who suspended some of his clerks , interdicted some churches within his archdeaconry , and excommunicated the archdeacon ; all which the pope in a special letter requires him to retract , as null and void : he also sent three epistles more , the first to the dean and chapter of york , the second to the bishop of ely , and archdeacon of northampton , the third to king john himself , to defend honorius his rights , against the archbishops injuries and encroachments , recorded at large by hoveden : that to the king is short but sweet , acknowledging his supream ecclesiastical power . innocentius , episcopus servus servorum dei , illustri regi anglorum , &c. interest regiae cels●t●di●is ecclesias , et viros ecclesiasticos in suo iure tueri , et malignantium impetus ab eorum molestationibus potenter et regulariter effrenaere . cum itaque dilectus filius magister honorius archidiaconus richmondiae , usque a deo vir literatus , & honestus existat , ut ex scientia & honestate ipsius non solum eboracensi ecclesiae honor accrescat , sed & tibi etiam utile possit obsequium pervenire . serenitatem tuam rogamus , modemus et exhortamur in domino , eo attencius , quod non minus diligenter quam fideliter negotiis a tua serenitate sibi injunctis in curia nostra cognoscimus indulsisse , quatinus eum in sua justitia manuteneas , & defendas , nec permittas ipsum vel clericos suos contra libertates archidiaconatus richmondiae , per alicujus inquietantiam aggravari . vale. that to himself is very observable , manifesting by this popes own testimony , how little this archbishop esteemed the popes power , or appeals to rome , being then newly introduced and made use of by this bishop , ( though capacitated to be an archbishop , confirmed , consecrated by the popes order ) against former customs and priviledges of this realm , will appear by this ranting letter of pope innocent to him . innocentius , a episcopus servus servorum dei , episcopo eboraci , salutem & apostolicum benedictionem . st magisterium recognosceres apostolicae sedis , et debitam ei reverentiam et obedientiam exhiberes , non praesumeres plenitudini potestatis ipsius , et privilegio dignitatis in aliquo derogare , cum ab ea in partem sollicitudinis evocatus , ipsam in tuis necessitatibus , in quas temere teipsam induxeras , senseris saepius adjutricem . non enim excusare te potes , ut debes , quod illud privilegium ignoraris per quod omnibus injuste gravatis facultas patet ad sedem apostolicam appellandi , cum et tu ipse aliquando ad nostram audientiam appellaris , et a tuis gravaminibus non semel , sed saepius ad nos fueris appellatum , nec ipsum privilegium te licuerit ignorare . verum ut cessent caetera , ex eo solo ad invocationem nostri nominis a subditorum tuorum molestatiombus debueras abstinere , quod in multis & arduis negoti●s , & petisti & obtinuisti favorem tibi apostolicum exhiberi . sed ut rerum monstrat effectus . nec authoritatem nostram attendis , nec factam tibi gratiam recognoscis , nec appellationibus defers , quae interponuntur ad sedem apostolicam aggravatos . ecce enim cum d●iectus filius noster magister honorius , richmondi archidiaconus , in plena possessione libertatum archidiaconatus richmondi existens , cum clericis suis a te propter manifesta gravamina , & varias injurias ad sedem apostolicam appellaverat , tu nihilominus in eum , et quosdam clericos suos suspensionis et aliquas ecclesias archidiaconatus ejusdem interdicti sententiam promulgasti . nec hoc contentus excessu , postquam ipse iter arripuit ad sedem apostolicam veniendi , suspensis quibusoam clerici , ejus , et ecclestis interdictis , et excommunicatis quibusdam , de facto fantum quia de jure non potuisti , certam a caeteris extorsisti pecuniae quantitatem , statum ejus et clericorum suorum turbans in pluribus et confundens . quia vero tantae praesumptionis excessum , incorrectum nec volumus , nec debemus relinquere tuae fraternitati , per apostolica scripta mandamus , atque praecipimus , quod taliter , quae praedicta sunt corrigas per teipsum , quod adversum te nos non cogas durius commoveri , qui tolleravimus hactenas temeritatem tuam in multis . alioquin noveris nos venerabili fratri eliensi episcopo dilecto filio abbati de waltham , per scripta nostra praecipiendo mandasse , et ut praedictus excommunicationis suspensionis , et interdicti sententias talfter a te illatas nullas esse denuncient , et te ad restitutionem eorum quae vel a clericis , vel ab eceles●is archidiaconatus ejusdem post appellationem ad nos legitime interpositam extorsisti , et recompensationem damnorum per censuram ecclesiasticam , appellatione remota compellerint , et quicquid per te vel tuos in prejudicium ejus , vel suorum invenerint immutatum , in statum pristinum nostra freti authoritate reducant , et sub praemissa te districtione compescant , ne archidiaconum vel ejus clericos injuste molestes , aut statum vel libertates eorum audeas perturbare . sciturus procerto , quod cum durum sit tibi contra stimulum calcitrare , nisi abstineas ab hujusmodi , et mandatis nostris reverenter obedias , manus nostras in te ultra forte quam timeas curabimus aggravare , ne tui nobis imputentur excessus . datum laterani , . nonas februar●● , pontificatus nostri anno . i find not that this archbishop was any wayes daunted with this high menacing epistle , but proceeded still against honorius , till restrained by the kings writs , appeals to rome being but then in their very infancy , and that not as to a supream judicature , but only by way of complaint , as a voluntary perswading arbitrator , and that by the kings license first obtained , as learned * sir roger twisden truly observes . this pope in his epistle to the bishop of ely , ( who did nought therein ) relates , that k. henry the i. when he would create a new bishoprick at karleol , because the archdeaconry of richmond would be prejudiced thereby , obtained from the then archbishop of york some privileges , in recompence of part of the archdeaconry then substracted from it , which the archdeacons enjoyed ever since , which jeoffry then endeavoured to substract , confessing hereby that the king had an inherent power without the pope , to create new bishopricks , substract , alter the diocesse , privileges both of archbishops , bishops , & archdeacons , so as to bind their successors thereby . in this second year of king john , b hubert archbishop of canterbury , against the kings royal prerogative , intending to celebrate a generall council at westminster , without the kings special writ , thereupon ( the king being then in normandy ) geoffry fitz peter , earl of essex , being then chief justice of england , sent a prohibition to inhibit it ; yet the archbishop , contra prohibition em gaufridi , held the council , wherein he made and promulged severall decrees , statuens ea a suis subditis inviolabiliter observari . two of them are very memorable : the first prohibiting archbishops , bishops , archdeacons or deans , in their visitations , c ne subditos suos talliis & exactionibus gravare praesumant , sustinemus autem pro multis necessitatibus , quae aliquotiens superveniunt , si manifesta & rationabilis causa extiterit , cum charitate modicum ab eis valeaent auxilium postulare . cum enim dicit apostolus , non debent filii thesaurizare parentibus , sed parentes filiis , multo longe a paterna pietate videtur , si praepositi subditis suis graves existant , quos in cunctis necessitatibus pastoris more debent fovere . archidiaconi , aut sui decani nullas exactiones vel tallias in presbyteros seu clericos exercere praesumant . the second , sicut in lateranensi concilio salubriter a sanctis patribus est provisum , inhibemus , ne a personis ecclesiasticis deducendis ad sedem , vel sacerdotibus , vel aliis clericis instituendis , aut sepelendis mortuis , aut benedicandis nubentibus , seupro chrismate , seu quibuslibet aliis sacramentis aliquid exigatur . his adjicimus , ne pro licentia celebrandi divina a sacerdotibus , vel docendi a magistris aliquid exigatur , & si solutum fuerit , repetatur : de ejusdem etiam concilii auctoritate prohibemus , ne novi census ab episcopis , vel abbatibus aliisve praelatis imponantur ecclesiis , nec veteres augeantur ; si quis autem contra hoc venire praesumpserit , portionem cum gihezi , se noverit habiturum , cujus factum exactione turpi muneris imitatur . by what law such exactions of procurations , fees for orders , institutions , inductions , licences of ministers and schismaticks , are since taken and claimed as duties , i cannot yet discover . it seems these decrees were not esteemed obligatory , nor regarded , ( lyndwood , aton , and most histories taking no notice of them ) because made against the kings prohibition , and bishops and their officers profit , though much for the peoples ease . geoffry archbishop of york , having the year before ( as you * heard ) much incensed the king against him , for opposing the levying of carvage , for which he compounded and made his peace with the king ; the sheriff and his officers having exceeded their commission , not only in spoyling him of all the goods and mannors of his archbishoprick , but likewise violently entring into the lands , and taking away the goods of other clerks and religious persons : upon their fore-mentioned agreement , and the archbishops humiliation and submission , the king issued forth this writ to preserve the rights of his see of york . johannes dei gratia , &c. venerabili patri e. eadem gratia elyensi episcopo , abbati rufford , & archidiacono northampton . meminimus quod durante discordia inter nos , & venerabilem patrem in christo , & fratrem charissimum , g. eborum archiepiscopum , quedam per ballivos nostros in damnum ipsius archiepiscopi sunt attemptata , quae ob rancorem tempore discordiae conceptum fieri sustinuimus ; verum pace postmodum apud porcestriam , inter nos reformata , omnia in praejudicium juris ipsius tempore discordiae attemptata cassavimus , & adhuc cassamus . nolumus enim quod occasione eorum quae durante discordia in dispendium juris ipsius archiepiscopi vel ecclesiae suae facta fuerint , idem archiepiscopus vel ecclesia sua dampnum sustineat , vel aliquod detrimentum incurrat , teste meipso apud bangy , duodecimo die januarii . this king in the same year and patent roll , issued forth these two memorable patents in the behalf of hubert archbishop of canterbury , for his justices to assist him in his courts , for the recovery of the demesne lands unjustly alienated from his archbishoprick , by due course of law. johannes dei gratia capitali justiciario angliae , & justiciariis de banco , &c. volumus quod cum venerabilis pater noster in christo , hubertus cantuariensis archiepiscopus , voluerit revocare in curia sua ea quae injuste alienata fuerint ab archiepiscopatu cantuariensi , unus vel duo de vobis qui fueritis justiciarii de banco , in curiam suam veniatis , cum ex parte sua requisiti fueritis , ad auxilium ei impendendum in hiis quae ad curiam suam pertinent , quod ea possit sicut justum fuerit revocare . et ideo vobis mandamus & firmiter praecipimus quod ita faciatis . teste meipso apud toarc , decimo quinto die februarii . rex , &c. capitali justiciario suo , & aliis justiciariis suis angliae , &c. volumus quod venerabilis pater noster in christo hubertus cantuariensis archiepiscopus revocet in curia sua secundum consuetudinem & libertatem curiae suae omnia dominica sua injuste alienata , per sacramentum liberorum & legalium hominum de visneto . volumus etiam quod si requisierit duo de justiciariis nostris , in curiam suam mittantur ad illud videndum , & auxilium ei impendendum si necesse fuerit , salva dignitate nostra . et ideo vobis mandamus & firmiter praecipimus quod ita faciatis . teste meipso apud vernol . sexto die marcii . in this third year of king john , the dean and chapter of sagion , ( within his dominions in france ) knowing that no bishop ought to be elected or admitted but by his previous consent , nominated four persons to him , petitioning his majesty to elect one of them for their bishop , which he did by this record . rex capitulo sagiensi , &c. accesserunt ad nos quidam canonici vestri apud andel. pro electione episcopi vestri , & ex parte universitatis vestrae nominaverunt nobis has personas , scilicet , abbatem sancti edrulfi , abbatem de trepa , johannem de oilleya , herbertum filium radulfi , labbe , postulantes ut ex hiis nominatis reciperemus ad episcopatum sagiensem quem vellemus et idoneum videremus . nos autem communicato consilio virorum magnorum & prudentium consensum in personam herberti filii radulfi nominatam , qui inter caeteras personas , nobis magis sdoneus videbatur et potius secundum deum eligendus . mandamus igitur vobis ut eundem herbertum , in quem jam consensimus , in electum vestrum gratanter recipiatis , & ejus electionem sollempniter celebretis , intendentes ei sicut electo vestro de cetero . teste meipso apud andet . vicesimo nono die marcii . the same year of king john , geoffry ( as some records ) or gilardus archdeacon of brechunon , as hovedon stiles him , pretending himself to be elected bishop of st. davids in wales , with the kings consent , by provision from pope innocent the d. intruded himself into possession of the temporalties thereof , and likewise endeavoured to make it an archbishoprick , as antiently it was , to the prejudice of the archbishop of canterbury , citing hubert archbishop to rome , and procuring a precept to him to consecrate him bishop of st. davids . this being the first papal provision of any bishoprick i meet with ; i shall recite the whole proceedings of the pope & cardinals therein , & the archbishops and kings opposition against it . the story whereof is thus related at large by * roger de hoveden , gervasius dorobernensis , & our records . eodem anno magister gilardus menevensis electus , suscitavit controversiam super jure metropolitico ecclesiae menevensis , jus ejusdem ecclesiae , & pristinam metropolitani dignitatem coram domino innocentio papa tertio , & cardinalibus videlicet , octaviano hostiensi , & portuensi , & johanne albanensi , episcopis cardinalibus , & jordano de fossa nova , & sephredo , & johanne de s. paulo , & johanne de salerno , & gratiano , & hughelno , & huguncione cardinalibus , publice protestando : est autem * sciendum quod postquam beatus dubricius , urbis legionum archiepiscopus heremum eligens , beato david suae dignitatis cessit honorem ; beatus david extunc sedem archiepiscopalem usque meneviam transtulit , & ibidem archiepiscopus factus est , & post illum vigenti quatuor ibidem pallio usi sunt , & plena metropolitica dignitate , quorum ultimus fuit sanctus samson , qui propter ictericiam passionem qua peste catervatim homines in wallia tunc temporis occubuerunt , navigio in armonicam britaniam transiens in ecclesia dolensi , tunc forte vacante praefectus est , & pallio s. david quod secum asportaverat , ibidem usus est , qua occasione illa dolensis ecclesia continue turouensi ecclesie pallium affectando rebellis extiterat usque ad tempore praedicti innocentii papae tertii ; cujus anno secundo * causa est decisa , & illa adventitia dignitas dolensi ecclesia est adjudicata menevensis autem ecclesia eadem occasione , vel propter ignaviam , vel paupertatem pallio semper hactenus caruerunt . omnes tamen episcopi menevensis ecclesiae , scilicet . novemdecim episcopi a discessu samsonis usque ad tempus henrici regis angliae primi , omni dignitate archiepiscopali usi sunt , * excepto pallio , et habuerunt sussraganeos septem , scilicet landavensem , & de sancto paterno in ker dikan . quae sedes , quia parochiani pastorem suum interfecerunt , olim obsolevit , & menevensi diocesi est adunata , & bangorensem , & de s. asaf , in wallia , vero ab anglis dudum occupata ; trans sabrinum cestrensem , & herefordensem , & wigornensem . praedictus vero rex henricus walliam suo regno subjugavit , & ( d ) ideo praedictam menevensem ecclesiam , et alias walliae ecclesias suffraganeas menevensis ecclesiae , ecclesiae regni sui scilicet cantuariae subjicere cupiens , bernardum clericum de camera sua , quem in menevensi ecclesia wilfrido epiicopo subrogari procuravit , & apud cantuariam , per regiam ( e ) violentiam consecrari fecit : et hic suit primus menevensis ecclesiae episcopus a cantuariensi archiepiscopo consecratus ; & post eum david , & petrus , a regibus angliae compulsi , similiter a cantuariensi archiepiscopo sunt consecrati , praestitis sacramentis contra canones extortis de non suscitanda lite super iure metropolitico contra cantuariensem ecclesiam in perpetuum . bernardus tamen defuncto henrico rege primo , movit questionem super jure ecclesiae suae metropolitico contra theoballum , cantuariensem archiepiscopum : unde papa eugenius in hac forma scripsit theobaldo cantuariensi archiepiscopo . epistola eugenii de dignitate metropolitanae ecclesiae sancti david . evgenivs episcopus servus servorum dei , venerabili fratri theobaldo cantuariensi archiepiscopo , salutem & apostolicam benedictionem . venerabilis frater noster bernardus , episcopus s. david , ad nostram praesentiam veniens , ecclesiam s. david , olim metropolin fuisse asseruit , viva voce , & eandem dignitatem sibi a nobis restitui postulavit . cum autem circa petitionem istam invigilans diu in curia nostra commoratus esset , tu frater archiepiscope , tandem eo praesente ex adverso consurgens , in praesentia nostra adversus eum querelam deposuisti , quod debitam tanquam primo metropolitano obedientiam subtraxisset , tibique inobedient , & rebellis existeret , cum a predecessore tuo tanquam a metropolitano primo consecratus esset & viva voce , & scripto cantuariensi ecclesiae professionem fecisset & in multis postea , tanquam alii suffraganei , tibi obedisset , & astitisset . ille vero consecrationem negare non potuit , sed professionem se fecisle , & obedientiam exhibuisse omnino negavit : quod tu audiens , duos testes in medium produxisti testimonium perhibe●tes ; quod ipse illis videntibus , & audientibus post consecrationem suam , & viva voce , & scristo cantuariensi ecclesiae ( f ) professionem fecisset . nos igitur auditis utriusque partis rationibus , & diligentius inquisitis , & testibus tuis studiose examinatis communicato fratrum nostrorum consilio , juramenta eorum recipimus , et ut ipse episcopus tibi tanquam primo metropolitano obedientiam & reverentiam exhibeat , iustitia dictante praecipimus . ( here the pope and his cardinals approve what the king had done without their privity , concerning this welch archbishoprick . ) unde quoniam singulis ecclesiis & ecclesiasticis personis suam dignitatem & justitiam volumus conservare , beati lucae festivitate proximi sequentis anni tibi & ipsi diem praefiximus , ut tunc praesentibus partibus de dignitate ecclesiae s. david , & libertate sua , rei veritatem cognoscamus , & quod justum fuerit authore domino exinde statuamus . datum meldis , . kal. julii . epistolam autem istam praedictus magister gilardus , invenit in registro eugenii papae . cujus rei occasione , & ad praedicti gilarili instantiam , jus ecclesiae suaepublice in curia romana protestant is . ( being the first president of this kind . ) innocentius papa , hubertum cantuariensem archiepiscopum super statu menevensis ecclesiae , & dignitate metropolitica literis suis citavit : ( the first citation of this nature , who refused or neglected to appear thereon : ) quas etiam literas praedictus gilandus , ad perpetuam rei gestae memoriam , m eiusdem papae registro scribi procuravit . praecepit etiam idem papa praedicto archiepiscopo , quatinus supradicto gilardo menevensi electo ita consecrationem impenderet , quod sacramentum illicitum , quale extorquere solebant praedecessores sui ab episcopis s. david , scilicet de non prosequendo jure metropolitico contra cantuariensem ecclesiam , non exigeret , sed tantum canonicam obedientiam juxta communem formam facere . praecepit etiam idem papa , lincolniensi , dunelmensi , & eliensi episcopis , quod si archiepiscopus cantuariae saepe dictum gilardum , consecrare differret , ipsi apostolica authoritate freti illum consecrare non differrent . but neither the archbishop nor other bishops obeyed these his papal injunctions to them , but oppugned them in the highest degree , for instead of consecrating him bishop , the archbishop cancelled his election , upon this account , because it was made at rome : thus related at large by ( g ) gervasius dorobernensis , in his life . controversiam quam in odium & contemptum archiepiscopi suscitaverat gilardus menevensis archidiaconus , ipse archiepiscopus prudentissime redegit ad nichilum , ut ipse g. qui paulo ante menevensis ecclesiae archiepiscopus esse volebat , & ecclesiae cantuariensi subjectionem debitam septem episcoporum subtrahere moliebatur , ad pedes archiepiscopi pronus accederet , satisfaciens humiliter de tam iniqua praesumptione , et eidem archiepiscopo suum resignavit archidiaconatum . archiepiscopus autem post temporis intervallum eidem g. dedit ecclesiam , . marcarum , & clericus archiepiscopt iuratus factus est qui ante fuerat hostis iniquus . et quia idem g. menevensis ecclesiae in curia romana se dicebat electum , hoc ipsum cassavit archiepiscopus , & alium ●acravit canonice electum . dicantaln quod voluerint de operibus huberti , ego istud maximum censeo quod episcopos . in subjectione retinuit cantuariensis ecclesiae , et rebellem gilardi contrivit astutiam . how highly king john himself ( though then in normandy with his queen ) was incensed against gilardus , for procuring pope innocents procuration and provision to elect him bishop of st. davids , taking possession of the temporalties thereof by colour of it , without his privity , election , or royal assent , and endeavouring to new make it an archbishoprick , to the grand prejudice and derogation of the antient rights and prerogative of his crown , descended to him from his ancestors , both to assent or disassent to all bishops elections within his dominions , and enjoy their temporalties during their vacancy , till restored to the successor by his special order , will appear by these four successive writs & proclamations of his , directed to all the clergy and laity both of england and wales in general , and the chapter of st. davids in special , strictly enjoyning them all upon their duty and allegiance to him , in defence of the rights and prerogatives of his crown , against this archdeacons and popes usurpations , as they tendred his honour , and the publick peace and safety of the church and realm , to oppose and resist gilardus his rash , turbulent , disloyal attempts and innovations against him , to their power , according to their allegiance , and no wayes to ayd or countenance him therein , by advice or otherwise , it being unjust to do it . three of them are thus recorded one after another in the patent roll of . johannis , and the other in the th . year following . rex , &c. omnibus , &c. audivimus quod g. archidiaconus de brechunon in grave , et manifestum dispendium dignitatis nosirae , & ecclesiae cantuariensis , in episcopatu menevensi archiepiscopum constituere , & super hoc faciendo dicit , se nostrum impetrasse assensum ; unde scire vos volumus quod nunquam in hoc assensum prebuimus , nec unquam ei consentiemus , set ei in hoc penitus deficimus . mandantes vobis et in fide qua nobis tenemini precipientes quatenus nullatenus ei in hoc temerario proposito suo assistatis , bel ei in hoc consilium vel auxilium prestetis , set viis omnibus quibus poteritis processum suum impediatis sicut dignitatem nostram diligitis . teste meipso apud vernol . octavo die marcii . rex , &c. omnibus ; &c , sciatis quod g. archidiaconus de brech . manifeste operatur contra coronam et dignitatem nostram , qui se gerit electum menevensem ; cum nos in eum eligendum nunquam prebuimus assensum . et inde trahit in causam . w. abbatem sancti dogmaelis in cujus electionem consensimus temporalia etiam episcopatus menevensis quae vacante sede debent in nostra manu esse , ex diuturna et approbata regni nostri consuetudine , contra coronam et dignitatem nostram sibi committi * procuravit ; haec et alia contra nos impudenter perquirendo qualia nullus alius post coronationem nostram contra nos attemptavit . et quoniam haec nulla ratione sustinebimus , mandamus vobis , quod sicut honorem nostrum et dignitatem diligitis , quam sicut fideles nostri fovere et manutenere tenemini , predicto g. archidiacano in nullo ad hoc consilium , vel auxilium , vel assensum prestetis , set predictum abbatem sancti dogmaelis quantum poteritis adiuvando , predicto g. archidiacono in quantum poteritis resistatis , quicunque autem aliter fecerit manifestum erit ipsum nobis et dignitati nostrae adversari . teste meiplo apud rupem aurmall , decimo die aprilis . johannes dei gratiâ , &c. omni clero , et populo angliae , &c. universitatem vestram scimus non latere , quod custodiae episcopatuum , et abbatiarum vacantium in regno nostro in temporalibus , omnibus antecessoribus nostris et nobis hactenus ex diuturna et approbata consuetudine regni nostri consueverunt competere . verum quia galfridus archidiaconus de brichunon , qui se gerit electum menevensem , et ●u●us electioni non consentimus , nec unquam consensimus , custodiam temporalium episcopatus menevensis in damnum et dispendium dignitatis nostrae coronae presumit usurpare , quod nos nulla ratione salva dignitate nostra sustinere possumus , vel debemus ; vobis mandamus , et firmiter precipimus , ne quis vestrum predicto g. in temporalibus , quae ad jam dictam ecclesiam spectant respondere , vel ipsum ad ea optinenda promovere , aut manutenere presumat , sicut nostram diligit fidelitatem , et coronae dignitatem . sciatis enim quod si quisquam vestrum in contrarium pro eodem g. aliquid attemptaret , pro manifesto habebimus ipsum dignitati nostrae et coronae inimicari , teste meipso apud rothomag . decimo septimo die decembris . sub eadem forma scribitur capitulo menevensi . this turbulent arch-deacon notwithstanding all his pretended submission to the arch-bishop proceeding afresh in the court of rome ( most likely by the popes encouragement ) to obtain his ends ; thereupon the king issued out this severe proclamation against him as a publick enemy and disturber of the peace of his kingdom . rex , &c. omnibus baronibus , & fidelibus per episcopatum menevensem constitutis , &c. quot et quantis machinationibus nos et opprimere , et dignitatem coronae nostrae expugnares et regni nostri consuetudines ab antiquis temporibus in electionibus episcoporum optentas ; g. archidiaconus de brecnuno pro posse laboraverit extinguere , tam in curia romana quam alibi , satis norunt universi ; per eum enim non stetit quod pravis suggestionibus ejus et dilationibus maliciosis et venenosis , non solum pax parcium vestrarum , immo totius regni nostri tranquilitas turbaretur , maxime cum inimicis nostris nequiter communicando talia confixerit quae nobis et regno nostro manifestum importarent dispendium , si iniquitas ejus prevaleret , et pro voto praecessisset in actum , unde non immerito ipsum inter inimicos nostros duximus numerandum , vobis & omnibus nos diligentibus mandantes , et districte prohibentes , ne ejus promotioni aliquo modo consentiatis , immo ejus promotionem pro posse impediatis . non enim justum est quod ille fidelibus nostr●s diligatur vel promoveatur qui in damnum , et dispendium dignitatis regis et juris regni perturbationem anesat . teste meipso apud tastnu . undecimo die septembris . this was the memorable , vigilant , prudent , gallant opposition made by king john against the first provision of pope innocent , who * to eclipse the kings prerogative , first endeavoured to introduce them aswell in france as in wales , ireland and england . pope innocent the d. a man of a haughty antichristian spirit ( like hildebrand his predecessor ) the better to invade the rights of christian kings and their subjects , especially of england and france , under a specious pious pretext ( set on foot by some of his preceding pontifs ) of sending them and their nobles out of their realms , to rescue the holy land out of the saracens and infidels hands , and raising monies as well from the laity as clergy to maintain this holy warr , that * so he and his legates in their absence might usurp their regal authority and supream government both in church , state , and impoverish them and their subjects to enrich themselves with a great part of the moneys raised for this end ; in the d. year of king john sent forth this general letter de subventione facienda terrae jerusolomitanae , recorded at large by * hoveden . innocentivs episcopus , servus servorum dei , universis sanctae matris ecclesiae praelatis , ad quos praesentes literae pervenerint , salutem , & apostolicam benedictionem . graves orientalis terrae miserias & necessitates urgentes jam potius , peccatis exigentibus deflere cogimur quam referre , &c. verum quia id quasi modicum , immo vero modicum ad tot necessitates ipsius provinciae sufficere nullatenus reputamus . universitati vestrae per apostolica scripta mandamus , & ex parte dei omnipotentis in virtute spiritus sancti sub interminatione divini judicii districte praecipimus , quatenus singuli vestrum quadragesimam partem omnium ecclesiasi icorum reddituum & proventuum suorum , prius tamen deductis usuris , quarum solutio vitari non possit , in subsidium terrae sanctae convertunt . omnibus clericis tam subsidiis quam praelatis qui quadragesimam ipsam sponte ac fideliter solverint de dei omnipotentis misericordia & beatorum apostolorum petri & pauli authoritate confisi quartam partem injunctae sibi poenitentiae relaxamus , dummodo nulla fraus interveniat , & pia devotio suffragetur . scita autem se culpabiliter , duriter et dure inculpabilem , qui tantillum subsidium in tanta necessitate creatori et redemptori suo negaverit exhibere , a quo corpus & animam & universa bona quae habet , accepit , & nos qui ( licet indigni ) vices ejus exercemus in terris , hujus culpae duritiem nullatenus dissimulare possemus . nec aliquo modo credatis , quod per hoc in dispendium vestrum legem vobis imponere intendamus , ut a vobis in posterum quadragesima , quasi debita et consuetudinaria requiratur ; immo nullum ex hoc vobis prejudicium volumus generari , qui tantae necessitatis articulum nobis , et vobis supervenisse dolemus , et quod simile de cetero non contingat optamus . volumus etiam & nihilominus vobis precipiendo mandamus , quatinus vos fratres archiepiscopi & in episcopis , in metropolitana ecclesia , vel si hoc ibi fieri propter hostilitatem vel aliud evidens impedimentum non poterit , in duobus vel tribus locis provinciae vestrae sine dilatione convenire ; & curetis inter vos juxta formam mandati apostolici de ipsius terrae subventione tractare , et post reversionem suam quilibet vestrum in sua diocesi , concilium convocet sine mora , author●tate nostra precipiens abbatibus , & prioribus , tam exemptis quam aliis archidiaconibus , & decanis universis omnino clericis in ejus diocaesi constitutis , justa aestimatione proventus et redditus suos taxent et infra tres menses post factam eis denuntiationem quadragessimam partem valoris eorum sub ipsius episcopi testimonio , et aliquot religiosorum virorum , adhibitis nihilominus ad cautelam aliquibus fidelibus laicis et discretis , in locum idoneum , ejusdem diocaesis non differetur consignare . quod & nos vobis fratres archiepiscopis , & episcopis sub eadem districte mandamus . ab hac autem generalitate monachos cistercienses , &c. excepimus . here this pope takes upon him upon pretext of necessity for relief of the holy land only to advise and recommend to all the prelates of the holy church the levying of the fortieth part of their estates and benefices , and in what manner to levy it , not absolutely to impose it to their prejudice . whence * matthew paris , & matthew westminster thus expresse it ; ad instantiam innocentiae papae , data est quadragesima pars redditum omnium ecclesiarum ad subsidium terrae promissionis : therefore a free gift , not an imposed tax . neither would the king of england or france suffer it to be levyed in their realms by the popes authority , but only by their royal order , grant and assent thereto , as * hoveden thus expresly relates . papa innocentius , misit unum cardinalem ad regem franciae , & ad regem angliae , postulans subsidium fieri de terris earum ad subventionem terrae jerosolomitanae . ad cujus mandatum , ipsi reges concesserunt se daturos ad subventionem prefatae terrae quadragesimam partem omnium reddituum suorum de uno anno ; ( and no more they stinting the sums and duration of it . ) et rex angliae hoc ipsum mandavit fieri de redditibus et ercaetis , et wardis suis angliae , et praecepit , ut omnes laici terrarum suarum simili modo quadragessimam partem reddituum suorum darent in eleemosynam ad subventionem terrae ierosolomitanae . unde galfridus filius petri , tunc temporis summus justitiarius angliae in hac forma scripsit vicecomitibus , ballivis angliae ; evidencing this almes to be imposed , granted not by the popes or kings meer absolute power , but the free grant and advise of his nobles and peers , as a meer almes , gift and benevolence . galfridus filius petri comes essex , universis vicecomitibus balliae suae , salutem ▪ sciatis quod dominus rex angliae ad instantiam , & praedicationem cujusdam cardinalis a summo pontifice missi in franciam , de consilio magnatum suorum de partibus transmarinis concessit , ad sanctae ierusalem subsidium , quadragessimam partem valoris omnium redituum , et terrarum suarum unius anni , tam de wardis , quam de excaetis in manu sua existentibus . quod etiam ipsi magnates sui ultra mare voluntarie concesserunt ; ad eorum etiam instantiam scripsit dominus rex omnibus angliae magnatibus per literas patentes , rogans et inducens eos , quatenus puro corde et charitatis intuitu , idem illud de valore omnium reddituum et terrarum suarum unius anni concederent , * quod quidem nec de debito , nec de consuetudine , nec de coactione , nec de aliqua alia authoritate apostolica conceditur vel postulatur . unde precepit quod omnes comites et barones de qualibet ballia in primis admoneantur , inducantur diligenter , quatenus pro se hanc collectam faciant in terris suis hoc modo , scilicet ut quilibet quadragesimam partem valoris cujuslibet villae suae , sicut posset poni ad firmam per annum . et si in eadem villa fuerint per servitium militare tenentes , dent quadragesimam portionem modo praedicto ; si autem fuerint libere tenentes , similirer dent eandem portionem modo praedicto , computato reditu quem dominis suis solverint per annum . hanc autem collectam , colligi faciant per tam discretos , & legales qui ad hoc possint & sciant sufficere , qui eam recipiant tam de comitibus , quam de baronibus praedictis . et postquam per manus eorum , fuerit collecta , receptores predictae collectae faciant in scriptum redigi distincte & aperte , quantum de quolibet receperint tam de comitibus quam de baronibus & militibus , & libere tenentibus , & nomina singulorum , & villarum , quantumcunque de singulis villis & quorum quaelibet sit , imbreviari faciant . summam autem de dominicis , & de wardis , & excaeris , & redditibus domini regis faciant separatim imbreviari . si quis vero clericus laicum feodum habuerit in ballia aliqua , vel homines tenentes laicum feodum in eorum terris , fiat haec collecta per praedictos collectores modo praedicto . de terris autem cruce signatorum praedicta collecta fiat modo praedicto ; ita tamen quod eorum pecunia seperatim reponetur ab alia , & summa pecuniae , & nomina singulorum , quorum ipsa pecunia fuerit subscribantur , ut illi , qui iter arripuerint pecuniam suam prompte recipiant . provideatur autem quod pecunia illa sit collecta ; ita quod unusquisque vicecomes simul cum collectoribus habeat eam apud novum templum londoniae a die s. hillarii in quindecim dies , & imbreviamentum modo predicto ordinatum . viz de summa pecuniae & nominibus eorum qui eam deberint , & nominibus villarum , de quibus data fuerit pecunia praedicta , & quantum de qualibet datum fuerit . si qui autem contradixerint huic collectae assensum praebere , nomina eorum imbrevientur , et coram nobis represententur , apud lundonium , ad terminum praedictum , & hoc breve , & nomina collectorum ibidem habeantur . valete . this therefore was but a voluntary precarious almes and collection , left arbitrary by the pope to the king , who by advise of his nobles and barons beyond seas , reduced it to a certainty , and recommended it to the nobles and barons of england by way of intreaty , with directions how to levy it in the proportion he had fixed on , as a thing not granted , nor required by the king out of debt , duty or custome , or by any apostolical authority , but meerly as a voluntary almes and benevolence , which other nobles beyond sea had voluntarily granted , and the king at their request did by his letters patents intreat the english nobles and barons out of meer charity to imitate . so as this is a most pregnant evidence against the popes pretended jurisdiction to impose any such tax upon king , clergy , or subjects , ( as some popes and pontificians would thence inferr ) from this usurping popes letters , whose agent embezelled much of this coyn for the popes own private coffers , as our historians observe . indeed this pope by his special * letter to all the archbishops and bishops of england , commanded them to admonish all those who had formerly taken the crosse upon them , and afterwards laid it down , to resume it , and repair forthwith to the earl of flanders , notwithstanding any papal dispensation fraudulently obtained to the contrary from his predecessors , or else after admonition given them , publikely to excommunicate them by name ( if known ) on every lords day and holy day , with bell , book , and candle , and likewise to interdict them , without admitting any appeal , and to seclude them from all divine offices wheresoever they came . but that any archbishop or bishop put this antichristian severe command of his in execution , i find not in our historians , who barely recite it , and the premises prove it was never put in execution . in the fourth year of king john , some irish bishops and archdeacons , suffragans to the archbishop of dublin , endeavoured without this kings precedent license and assent , to elect an archbishop , and get him confirmed at rome by the pope , against the kings right and dignity : whereupon he entred this appeal against them before himself , to preserve his right and dignity therein . venerabili patri in christo j. dei gratia titulo sancti stephani , in caelio monte , presbytero cardinali , & apostolicae sedis legato j. eadem gratia , &c. et debitam reverentiam . cum accepissemus clocharen . & cloanen . & cenanen . ardacen . episcopos & archidiaconum ardmac . & quosdam alios velle manifeste operari contra ius et dignitatem nostram super ecclesia ardmacana , appellavimus . et ne ab illis vel ab aliis super praefata ecclesia contra jus , et dignitatem nostrum aliquid statuatur , appellationem illam coram nobis per has literas nostras patentes , & per nuncios nostros innovamus . teste meipso apud cenom . decimo quinto die augusti . these suffragans proceeding to elect an archbishop without the king , contrary to his inhibition and appeal , he going to rome to get approbation , consecration , and possession of it by the popes authority , the king thereupon the next year issued out writs to all his suffragans and subjects within the archbishoprick , commanding them to make the like appeal against him as he had done , as one that acted against the rights and dignity of his crown , and was his enemy , and by no means to receive him for their archbishop upon his return into ireland . rex , &c. suffraganeis sedis armacanae , &c. propositum est nobis quod eug. dictus electus armacanae ecclesiae contra assensum nostrum et post appellationem nostram ad dominum papam , a nobis interpositam romam profectus est , ut in archiepiscopum armacanum contra dignitatem nostram promoveatur . et quia manifestum est , ipsum e. sicut inimicum nostrum contra dignitatem nostram operari . vobis mandamus quatinus cum appellaverimus & appellationem nostram per has literas nostras patentes & per latorem praesentium adhuc innovemus una nobiscum pro statu ecclesiae vestrae , et dignitate nostra appelletis , sicut nos et honorem nostrum diligitis . et si dictus electus in terram nostram hyberniae redierit , nullatenus eum in archiepiscopum recipiatis . teste meipso apud rothomagum , vicesimo secundo die maii. sub eadem forma scribitur omnibus fidelibus in archiepiscopatu armacan . constitutis . pope innocent being so vigilantly and strenuously opposed by king johns patents and prohibitions , in this business of conferring the archbishopricks of st. davids and ardmagh , on persons elected without his consent , by his own papal consecrations of them , and provisions to them , contrived how to usher in provisions by degrees , without any observation ; to which purpose he imployed the archbishop of ragusium , whom he discharged from that church for fear of death , to move king john to bestow a bishoprick and other benefices on him in england ▪ to relieve his necessities and support his dignity ; whereupon the king out of his royal bounty bestowed the bishoprick of karliol , and the archbishop of york the church of meleburn upon him . the pope being informed thereof , sent a letter to king john , wherein he took upon him by his apostolical sees benignity , to grant this bishoprick and benefice to him , to supply his wants ; admonishing and exhorting the king at his pontifical request , to confirm this bishoprick on him , which the king accordingly did at his petition by this patent , reciting the popes letter . rex , &c. venerabili patri in christo , & fratri charissimo j. dei gratia eborum archiepiscopo , j. eadem gratia rex angliae , dominus hyberniae , dux norm . aquitan . comes andeg. salutem . literas domini papae suscepimus in haec verba ▪ innocentivs episcopus servus servorum dei , dilecto filio johanni , illustri regi angliae , salutem & apostolicam benedictionem . ad supplicationem instantem venerabilis fratris nostri ragusini archiepiscopi , eum a cura , & sollicitudine qua tenebatur ecclesiae ragusinae duximus absolvendum , eo videlicet quod ibi non poterat secure morari , & si accessum haberet ad illam mortis sibi periculum imminebat . ne vero idem archiepiscopus in vituperium ministerii nostri defectum in temporalibus paciatur , episcopatum karliolensem , et ecclesiam de meleburne , cum omnibus pertinentiis eorum de munificentia ac liberalitate tua , ac concessione venerabilis fratris nostri eborum archiepiscopi ei benigne collatis , de sedis apostolicae benignitate concedimus ad ipsius indigentiam sublevandam : serenitatem regiam monentes attentius et hortantes , quatenus eundem archiepiscopum nostrarum praecum optentu , sic officialii pontificalis intuitu recommendatum velis habere , ejus necessitati compatiens & ipsius subveniens paupertati , & dona praesentia per illustrem munificentiam sic reddens ampliora , ut per hoc regi regum , qui sacerdos in aeternum videaris obsequium exhibere , cum illud quod ministris ejus impenditur sibi protestatur impendi . datum ferentin . idus maii. pontificatus nostri anno sexto . nos autem juxta petitionem domini papae praescriptam ipsi archiepiscopo ragusin . praedictum episcopatum karleolensem de munificentia et libertate regia ( not by the popes authority or provision ) ei concessimus , mandantes vobis quatenus ei tanquam pastori et episcopo nostro in omnibus intendatis . teste domino cantuariensi archiepiscopo , apud merleb . decimo die januarii . sub eadem forma scribitur abbatibus , prioribus , archidiaconis , & omnibus clericis episcopatus karliolensis . the same year there being many contests between the dean and canons , and geoffry archbishop of york , who by his archiepiscopal authority and violence , did much oppresse them ; the king upon their complaint , by his royal authority , and letters patents granted them this protection against him and his instruments , for the churches peace . rex , &c. omnibus , &c. sciatis nos suscepisse in pacem , custodiam , & protectionem nostram decanum & canonicos sancti petri ebor. & omnes homines , res , redditus & possessiones eorum . et ideo vobis mandamus & firmiter praecipimus quod praedictos decanum & canonicos , & omnes homines , terras , res , redditus & possessiones eorum manu-teneatis , custodiatis , & protegatis , & defendatis sicut nostra dominica : & prohibemus ne praedicti decanus & canonici ponantur in placitum de aliquo quod in pace tenuerint tempore regis h. patris nostri , vel regis richardi fratris nostri , vel tempore nostro , quamdiu controversia duraverit inter archiepiscopum eborac . et ipsos : etsi archiepiscopus eborac . vel aliquis clericus , vel laicus , praedictis decano et canonicis , vel clericis , vel hominibus suis , in aliquo fortiam aliquam intulerit , vel eos in aliquo molestaverit : praecipimus quod fortiam illam statim facias amoveri , et id quod eis forisfactum fuerit , sine dilatione emendari : et corpora armatorum qui inventi fuerint , in rebus vel redditibus eorum qui fortiam aliquam eis fecerunt sine dilatione capiatis , nec dimmitatis sine mandato nostro , vel capitalis iusticiarii nostri . teste g. filio petri , &c. willielmo briggner , hugone de nevill , apud eboracum , anno regni nostri quinto . this year * godfrid bishop of winchester deceasing , petrus de rupibus , a knight and great souldier , vir equestris ordinis & in rebus bellicis eruditus , procurante rege johanne , ad episcopatum electus , succeeded him , who going to rome , vbi magnis zeniis liberaliter collatis , ad ecclesiam wintoniensem , maturavit episcopus consecrari , write matthew paris , and matthew westminster . in the . year of king john , the bishop , dean and chapter of durham , the dean and chapter of york , with sundry other deans and chapters , abbots and priors , within the province of york , to prevent the unjust arbitrary excommunications , suspensions , and interdicts of geoffry archbishop of york , against their own persons , tenants , lands , and possessions , by reason of some differences between them concerning their jurisdictions and ecclesiastical priviledges , which they complained the archbishop invaded , appearing before the king at york , did there in the kings own presence appeal him before the apostolick see , prefixing a certain day , to which the king by these letters patents gave his royal testimony and assent , they not daring to appeal without his license . rex , &c. omnibus , &c. noverit universitas vestra , quod cum dominus phil. dunolmensis episcopus , decanus & capitulum sanctae mariae eborac ▪ de seleby , de witeby , de fontibus , de riveal , de rupe , de ruchford , abbates de bridlinton , de wirksope , de blithe , de novo burgo , de kirkham , de marton , de beolton , de sancto oswaldo , priores , coram nobis apud eboracum , essent constituti , in praesentia nostra proposuerunt , quod in omnibus erant parati domino archiepiscopo eborac . canonicam obedien●●●m exhibere , salva reverentia quam debent * romanae ecclesiae , & salvis privilegiis suis & libertatibus ecclesiarum suarum . ne autem praedictus archiepiscopus motu propriae voluntatis in terram nostram sive homines nostros , sive in ipsos vel homines suos , vel possessiones eorum aliquam sententiam excommunicationis , suspensionis , vel interdicti poneret , coram nobis ad sedem apostolicam appellarunt , terminum in octabis sancti andreae , appellationi prosequendae praefigentes . et quia appellatio illa coram nobis interposita , eidem per literas nostras testimonium perhibemus . acta sunt ista apud eborum , sexto die marcii . anno , &c. sexto . to conclude the story of this turbulent archbishop of york , about two years after ( anno dom. . ) * king john and his nobles meeting at winchester , placing his hope and strength in his treasures , required and received through all england , the . part of all movables and other things , as well of the laity as of all other ecclesiastical persons and prelates ; all of them murmuring at it , imprecating and * wishing an ill event to such rapine , but not daring to contradict it . only geoffry archbishop of york , not consenting , but openly contradicting it , privily departed from england , and in his recesse , anathematis sententia innodavit , actually excommunicated all men specially within his archbishoprick , making this rapine and levying this tax , and in general all invaders of the church or ecclesiastical things , for non-payment of this tax . wherewith the king was so highly offended , that he seized his temporalties , and banished him the realm till his death , about . years after ; postquam per s●ptennium pro libertate ecclesiae & executione justitiae exilium passus est , write * matthew paris , and matthew westminster . such was this archbishops opposition to the kings prerogative and legal aydes esteemed by the disloyal monks and clergy of that age . i am now arrived in my chronological method at the original occasion of the highest , longest-lasting , and most tragical contests between king john , and his traiterous perjured monks , bishops , clergy , and the pope confederating with them , and their most notorious usurpations upon the undoubted prerogatives of the crown ; king , kingdoms of england and ireland , ever acted on our english theater in any age : the summe whereof is this . upon the death of hubert archbishop of canterbury , anno dom : . ( the . of king johns reign ) there fell out an unhappy difference about the election of a new archbishop without the kings license , against his prerogative royal , and afterwards upon a double election , which pope innocent the d. taking advantage of , vacated both , & forced the monks at rome against their wills , oaths , to elect stephen langton a cardinal ( his creature ) whom he recommended to them , and consecrated archbishop against the kings consent ; who refusing to admit him archbishop , thereupon the pope interdicted the whole kingdom several years , next excommunicated , after that deposed the king from his crown , which he gave to the king of france , absolved all his subjects from their allegiance , and at last by force , menaces , and subtil perswasions , induced the king to resign his crown , kingdoms to the pope , and resume them from him as his feudatory . the monks , bishops , popes antimonarchical gradual proceedings herein , with this kings strenuous oppositions against them for . whole years space , are briefly recorded by a many of our historians , but most fully by matthew paris , and matthew westminster , from whom they extract their narratives ; whose relations thereof i shall present you with at large in their own stile , enlarged with additional records not extant in them or other historians , because the ground of all subsequent over-bold papal and prelatical usurpations on the crown , kings , kingdom , church of england and ireland . b defuncto itaque archiepiscopo huberto tertio idus maii , antequam corpus ejus sepulturae traderetur , adolescentes quidam de conventu cantuariensis ecclesiae , ( timentes ne rex more suo electionem suam impediret , adds matthew westminster ) rege non inquisito , so one ; or as another of them expresseth it , regis consensu * non requisito , reginaldum subpriorem suum in archiepiscopum eligerunt , & media de nocte post factam electionem , hymno , te deum laudamus cantato , prius super majus altare , ac deinde in archiepiscopali cathedra posuerunt ; verebantur enim , quod si electio sine regis consensu ad ipsius aures pervenisset , ipse processum negotii impedire laboraret : ( as he had cause ) unde nocte eadem idem subprior , praestita cautione juratoria , quod sine licentia & literis specialibus conventus se electum non gereret , vel literas conventus de rato quas habebat , alicui promulgaret , assumptis secum de conventu quibusdam monachis , curiam romanam adivit . hoc autem totum factum est , ut electio illa regem lateret , donec probarent si rem inchoatam in curia romana possent perducere ad effectum . sed electus praefatus , statim ut in flandriam applicuisset , spreto quod fecerat juramento , se ca●t●ariensem esse electum , clara voce confitetur ; & ad hoc romanam se adire curiam , ut factam electionem confirmaret . literas insuper conventus , quas de rato habebat , quibuslibet ostendit ; credens in hoc causae suae meritum non mediocriter promoveri . tandem vero romam perveniens , electionem suam domino papae , & ejus cardinalibus illico publicavit , literasque suas de rato palam omnibus ostendens , constanter a domino papa exegit , ut electionem factam , benignitate apostolica confirmaret . papa vero cum festinatione respondens ; dixit se velle deliberare donec majorem haberet certitudinem de premissis , being glad of such an opportunity to wrest the disposition of this fat archbishoprick out of the monks and kings hands too , to subject both the church and crown of england to his usurping power , which king john so strenuously opposed . to carry on this businesse , with as much art and disguise as was possible ; per idem tempus ad monachos ecclesiae cantuariensis contuendos , papa innocentius ejusdem ecclesiae suffraganeis scripsit sub hac forma . innocentius episcopus servus servorum dei. venerabilibus fratribus vniversis suffraganeis cantuariensis eeclesiae salutem , & apostolicam benedictionem ; cum tempore legis mosaicae , quae legitur ad perfectum neminem adduxisse , carnales parentes apud carnalem populum in ea reverentia● fuerunt & honore , ut qui eis malediceret , morte mori de mandato domini juberetur , multo magis sub lege gratiae constitutos , quae preciocissimo christi sanguine rubriata portas aperit paradysi , ne legis transgrediendo mandata , mortis damnationem incurrant ; tanto convenit diligentius praecavere , quanto noscitur amplius formidandum animae quam corporis incurrere detrimentum . si ergo carnales parentes tanta sint reverentia prosequendi ; quid est de spiritualibus praesumendum ? nisi sicut corpus spiritus sup rat dignitate , sic reverentia & honore spirituales parentes carnalibus praeferantur . haec autem nos fracres praemississe noveritis , quia cum vestram debeamus desiderare salutem , veremur ne presens tribulatio , quae vobis ( ut dicitur ) procurantibus suscitata est , matrem cantuariensem ecclesiam , quam utique velut matrem tenemini revereri , vobis periculum generet animarum , & eidem ecclesiae tantum pariat detrimentum , ut quod dispendiosa contentio generabit , vix possit prolixiori temporum spatio restaurari . quocirca universitatem vestram monemus attentius & hortamur in domino , & per apostolica scripta mandamus , quatenus diligentius attendentes , quid super his honori vestro expediat & saluti , non molestetis indebite cantuariensem ecclesiam matrem vestram : cujus honores & jura fidelitatis debito tenemini defensare , ne de vobis merito conqueratur & dicat ; filios enutrivi & exaltavi , ipsi vero me non solummodo non cognoscunt , sed & severissime persequuntur . non autem perea quae premissimus , vos a vestra prosequenda justitia dehortamur , sed pia nos facit affectio trepidare , ne terminis statutis a patribus non contenti , alii faciatis injuriam ea occasione reperta quod velitis prosequi jura vestra . de caetero fratres , omnipotens dominus illuminet mentes vestras , ut remota omni contentionis materia , debitum matri vestrae non negetis obedientiam , vel honorem , nec contra divinum , nec naturale mandatum aliis faciatis , quod vobis fieri non vilitis . datum romae ; apud sanctum petrum sexto idus decembris , pontificatus nostri anno octavo . monachi interea cantuarienses , cum de suppriore suo cognovissent , quod violato juramento quod fecerat , statim ut in flandriam applicuisset se electum gesserat eorum detegendo secretum , commoti sunt vehementer contra eum , & continuo quosdam de conventu monachos miserunt ad regem , requirentes abeo licentiam pastorem sibi idoneum eligendi . quibus rex protinus , absque omni conditione , benigue annuit quod petebant , et secretius eis alsoquens ostendit eis episcopum norwicensem , * magna sibi familiaritate conjunctum fore , ipsumque solum ex omnibus angliae prelatis secretorum suorum esse conscium . unde sibi et regno suo magnum asierebat provenire commodum , si eum ad archiepiscopatum cantuariensem transferre potuissent . rogavit igitur monachos , ut una cum clericis suis , quos missurus erat ad conventum , hanc petitionem suam exponerent illis , multos conventui promittens honores si ipsum exaudire decrevissent . monachi vero ad propria reversi , conventui , per ordinem retulerunt ea quae sibi a rege fuerant impetrata . conventus autem ut regem quem offenderant sibi reconciliarent , convenientes in capitulo johannem norwicensem episcopum unammiter elegerunt ; & illico quosdam de conventu monachos ad electum dirigentes ( qui tunc pro agendis rebus regis apud eboracum erat ) mandantes ei , ut cantuariam cum festinatione veniret . nuntii quoque praepositum iter expedientes episcopum jam dictum apud notingham invenerunt , qui regis expletis negotis ad partes australes properabat , veniensque ad regem , cantuariam simul profecti sunt : atque die sequenti maxima multitudine in ecclesia metropolitana concurrente , prior cantuariensis , rege presente electionem factam de johannis de gray episcopo norwicensi , palam cunctis pronunciavit , & assumentes eum monachi , cum hymno te deum laudamus , portaverunt ad majus altare , tandemin cathedra archiepiscopali illum collocantes : & hoc fuit seminarium totius sequentis discordiae quae per secula detrimentum , angliae generavit , & damnum irrestaurabile . quo facto , rex videntibus cunctis misit electum illum in possessionem rerum omnium ad archiepiscopatum pertinentium , & sic singuli ad propria sunt reversi . sicque in hac electione factus est novissimus error pejor priore , sicut rerum exitus evidenter ostendit . the next year , . rex misit ad curiam romanam quosdam cantuariensis ecclesiae monachos , inter quos precipuus , erat magister helias de brantefeld ; quibus de fisco copiosas e rex ministravit expensas , ut electionem de episcopo norwicensi factam , impetrarent a domino papa confirmari . miserunt autem eodem tempore , episcopi cantuariensis ecclesiae suffraganei procuratores romam , gravem coram domino papa querelam proponentes , quod videlicet monachi cantuarienses sine illis electionem temere archiepiscopi praesumpsissent celebrare . cum ipsi una cum illis de jure communi & consuetudine antiqua electioni interesse debuissent allegarunt etiam procuratores memorati super premissis decreta & exempla , quosdam testes producentes , & literas testimoniales exhibentes , quibus ostendere nitebantur , quod ipsi suffraganei una cum monachis tres metropolitanos eligerunt . monachi vero e contrario asserebant , quod privilegio speciali romanorum pontificum , & de consuetudine approbata , & antiqua , sine episcopis electiones facere consueverant , quod etiam per testes idoneos docete promiserunt . auditis hinc inde allegationibus , testibusque admissis & diligenter examinatis , prefixus est dies a domino papa partibus , duodecimo scilicet calend. januarii ad pronunciandum , ut tunc venient , quod jus dictaverit recepturi . eodem anno f johannes ferentius apostolicae sedis legatus veniens in angliam , eamque perlustrans , magnam pecuniae summam congessit , & tandem apud raddingum in crastino sancti lucae evangelistae concilium celebravit . quo facto , sarcinulis cum magna cautela dispositis & prudenter commendatis , festinus viator ad mare perveniens angliam a tergo salutavit : his business being only to exact mony . g circa dies istos , papa innocentius suffraganeis cantuariensis ecclesiae episcopis sententiam dissinitivam sub hac forma direxit . majores ecclesiae causas ad sedem apostolicam referendas , & canonica tradit authoritas , & approbata * consuetudo declarat : cum igitur inter vos , & dilectos filios nostros priorem , & monachos cantuariensis ecclesiae , super jure illius archiepiscopi eligendi controversia verteretur , proponentibus vobis quod tum ex jure communi , tum ex antiqua consuetudine , una cum illis debetis ipsius archiepiscopi electionem celebrare . illis autem e contrario respondentibus , quod de jure communi & privilegio speciali ; & de consuetudine approbata & antiqua cantuariensem archiepiscopum eligere deberent sine vobis , lite coram nobis per procuratores idoneos super hoc legitime contestata , diligenter audivimus , quae partes in presentia nostra proponere curaverunt . pars siquidem vestra & decreta pariter & exempla studuit allegare , quosdam testes producens , & testimoniales literas exhibens quibus ostendere nitebatur , quod vos tres metropolitanos elegeratis una cum illis : cum per literas & attestationes sit probatum vos & alio loco & alio tempore non sine illis , electiones hujusmodi celebrasse . testes autem producti ex parte monachorum , legitime probaverunt , quod prior & conventus cantuariensis ecclesiae a longis retro temporibus electiones episcoporum in capitulo suo , sine vobis usque ad haec tempora celebrarunt , & easdem obtinuerunt a sede apostolica confirmari . a nobis etiam & predecessoribus nostris , per privilegii paginam est statutum , ut decedente archiepiscopo cantuariensi , nullus ibi qualibet surreptionis astutia seu violentia proponatur , nisi quem communi consilio , major pars monachorum sanioris consilii , secundum dominum & sacrorum canonum sanctiones providerit eligendum . nos igitur his & aliis , quae coram nobis allegata sunt , auditis & perspicaciter intellectis , quia constat evidenter , quod vos sine illis secundum assertionem vestram eligere non debetis , monachis exclusis vestra non valet electio ; & electio monachorum sine vobis celebrata , quia a sede apostolica meruit confirmari valebat . cumque necessarium fuerit alterutrum confirmare , de communi fratrum nostrorum consilio vobis & successoribus vestris super jure cantuariensem archiepiscopum eligendi , silentium perpetuum imponimus , & monachos cantuarienses ab impetitione ac molestatione vestra , & successorum vestrorum per sententiam diffinitivam absolvimus , authoritate apostolica decernentes , ut monachi cantuariensis ecclesiae & successores eorum de caetero archiepiscopum eligant sine vobis . datum romae apud sanctum petrum duodecimo kalendas januarii , pontificatus nostri anno nono . the king in the mean time writes letters of thanks to all the notaries , chaplains , and other officers of the pope at rome , for their assistance , and advice to his agents in this businesse , and likewise imparts his mind to the suffragans of canterbury concerning it by his chief justice , not mentioned by our historians . rex dilectis amicis suis venerabi libus viris suis omnibus domini papae notari●s & capellanis , &c. grates vobis referimus multiplices , eo quod ad negotia nostra in curia promovenda nunciis nostris auxilium & consilium benigne prestatis , qui se multum laudant de vobis . remittimus autem ad curiam fideles nostros abbatem de bello loco , thomam de ardinton , & aufridum de dena , dilectionem vestram rogantes attencius , quatinus eis subveniatis in negotio cantuariensis ecclesiae promovendo , ●uxta dignitatem nostram et consuetudinemregni nostri vobis saepius expositam , ita quod de devotis vobis efficiamur devotiores . teste domino petro wintoniensi episcopo apud rochingham vicessimo die februarii . venerabilibus patribus in christo , vniversis episcopis cantuariensis ecclesiae suffraganeis , j. dei gratia , &c. rogamus vos attencius quatinus sicut honorem & utilitatem regni nostri & ecclesiae anglicanae diligitis & desideratis , ea quae justitiarius noster vobis ex parte nostra proponet super provisione ecclesiae cantuariensis diligenter & celeriter exequi studeatis , quia negotium illud magnam instantiam desiderat . teste meipso apud porec . vicesimo sexto die maii. what this business was is not expressed in particular , but in general , it was to preserve the rights and dignity of the crown , in relation to the see of canterbury , to own him only for archbishop , who was elected by his royal assent . not long after , the pope summoned the monks of canterbury the second time before him concerning the election of the arch-bishop , to vacat both elections , and enforce them to a new ; thus related by * matthew paris . circa dies istos , steterunt romae coram domino papa , monachi cantuariensis ecclesiae , turpem admodum causam ad invicem agitantes . nam quaedam pars eorum per literas conventus de rato presentaverunt reginaldum suppriorem cantuariensem , sicut multoties fecerant electum ad archiepiscopopatum , instantius postulantes , ut ejus electio confirmaretur . altera vero pars eorundem monachorum per literas similiter de rato , presentaverunt johannem episcopum norwicensem multis rationibus ostendentes , electionem de suppriore nulla esse , tum quia facta erat de nocte , et sine solempnitate et assensu regio , tum quia a majori & saniori parte conventus non fuerat celebrata , sicque his rationibus propositis , petierunt ut illa electio confirmaretur , quae clara luce diei . rege presente et consentiente , cum testibus idoneis extitit celebrata . his auditis & perspicaciter intellectis , procurator supprioris allegavit , secundam electionem irritam esse & inanem , quia qualiscunque esset prima electio , sive justa , sive injusta , debuerat prima cassari , antequam secunda celebraretur electio . unde constanter postulabat , ut prima electio rata haberetur . denique post longas hinc & inde disceptationes , cum dominus papa intellexisset partes in unicam personam non posse convenire , atque utramque electionem vitiose & non secundum sacrorum cano●um sanctiones celebratam fuisse , de consilio cardinalium suorum ambas cassavit , partibus diffinitione apostolica interdicens , & per sententiam diffinitivam statuens , ne de cetero ad archiepiscopatus honores alteruter electorum aspiret . summatim hac fuit causa & seminarium erroris . rex posuerat verbum suum in ore duodecim monachorum cantuariensium , ut quemcunque eligerent , ipse acceptaret . convenerat autem inter regem & eos , prestito juramento , & fidei interpositione , quod nullo modo alium , quam johannem episcopum norwicensem eligerent . habebant & similiter literas regis . this crafty pope vacated both these elections on purpose to force the monks to elect whom ever he should commend unto them , against the right of the kings crown , to grant licences to elect , and approve the arch-bishop when elected , that so having wrested out of his hands , the disposition of the see of the primat and metropolitan of all england to confer it on his own creatures ; he might rule both the church and kingdom at his pleasure ; in pursuance of which design the perfidious monks complyed with him against the king : as the historian thus relates . * sed ipsi monachi , postquam intellexerunt electionem dicti johannis papae nimis displic●re & cassari , suggerentibus cardinalibus & domino papa ; & affirmantibus licere eis eligere , quemcunque vellent , ut secrete electionem celebrarent , si strenuum & precipue anglicum eligerent , elegerunt per consilium papae magistrum stephanum de langeton cardinalem , quo non erat major in curia , imo nec ei parem moribus & scientia . ex tunc igitur non potuit ei papa in multiformi tribulatione deesse . cassatis itaque electionibus memoratis dominus papa nolens diutius sustinere , ut gregi dominico cura deesset pastoralis ( the ground of all subsequent provisions to bishopricks ) persuasit monachis cantuariensis , qui procuratores coram eo constituti fuerant pro negotio ecclesiae cantuariensis , ut eligerent magistrum stephanum de langeton , presbyterum cardinalem , virum in literali scientia tum discretum , & moribus ornatum , asserens ipsius promotionem , tam ips● regi , quam universae ecclesiae anglicanae plurimum profuturam . monachi vero adhaec respondentes asserebant , non licere praeter consensum regium et sui conventus canonicam electionem celebrare . at papa , quasi rapiens verbum ex ore ipsorum dixit : sciatis vos plenariam habere in ecclesia cantuariensi potestatem , nec et super electionibus apud sedem apostolicam celebratis , * solet assensus principum expectari . vnde vobis qui tot & tales estis , quod plene su●●icitis ad electionem , in virtute obedientiae , et sub paena anathematis precipimus , ut illum in archiepiscopum eligatis , quem nos damus vobis in patrem et pastorem animarum vestrarum . monachi quoque excommunicationis sententiam incurrere metuentes , licet inviti et cum murmuratione assensum tamen praebuerunt . solus ex omnibus monachis magister helias de brantefeld , qui pro parte regis & episcopi norwicensis advenerat , noluit consentire . caeteri autem omnes cum hymno te deum laudamus , electum memoratum ad altare detulerunt . deinde decimo quinto kalendas julii in civitate viterbii , a papa prefato munus consecrationis suscepit . the pope to salve this grand encroachment on king john and the crown of england , endeavoured by gifts and complements to pacifie and court him out of it : to which purpose , sub eisdem diebus , innocentius papa cupiens in proposito suo regem iohannem habere favorabilem , quia cognoverat eundem johannem cupidum esse , & diligentem inquisitorem & acquisitorem gemmarum pretiosarum , * misit ei hanc epistolam cum tali xenio quod in eadem potest perpendi . innocentius papa tertius , johanni regi anglorum : &c. inter opes terrenas , quas mortalis oculus concupiscit , & quasi clariora desiderat , aurum , obrizum & lapides pretiosas principatum credimus obtinere . licet autem his & aliis divitiis vestra regalis abundet excellentia , in signum tamen dilectionis & gratiae , quatuor annulos aureos cum diversis lapidibus pretiosis , tuae magnitudini , destinamus . in quibus te volumus specialiter intelligere , formam , numerum , materiam , & colorem , ut mysterium potius quam donum attendas . rotunditas enim eternitatem significat , quae initio caret & fine . habet ergo regalis discretio quod in forma requirat , ut de terrenis transeat ad caelestia , de temporalibus ad aeterna procedat . quaternarius autem qui numerus est quadratus , constantiam mentis significavit , quae nec deprimi debet in adversis , nec in prosperis elevari , quod tunc laudabiliter adimplebit , cum quatuor virtutibus principalibus fuerit ordinata , viz. justitia , fortitudine , prudentia , temperantia . intelligas ergo in primo , justitiam quam exerceas in judiciis . in seenndo ; fortitudinem quam exhibeas in adversis . in tertio , prudentiam quam observes in dubiis . in quarto , temperantiam quam in prosperis non demittas . per aurum vero sapientia designatur , quia sicut aurum praeeminet metallis universis , sic sapientia donis omnibus antecellit . propheta testante . requiescet super eum spiritus sapientiae , &c. nihil est autem quod regem magis oportet habere . unde rex ille pacificus solomon , ●olo a domino sapientiam postulavit , ut populum sibi commissum perinde sciret gubernare . porro smaragdi viriditas fidem , saphiri serenitas spem , gran●ti rubicundit●s charitatem . topatii claritas operationem bonam significat , de qua dominus ; luceat lux vestra . habes igitur in smaragdo quod credas , in saphiro quod speras , in gran●to quod diligas , in topatio quod exerceas , ut de virtute in virtutem ascendas donec dominum deorum videas in sion . haec autem cum ad regis presentiam pervenissent , primo 〈◊〉 ei complacuerunt , sed post non multos dies subsequentes aurum , obr●zum , in s●oriam , & derisum , gemmae in gemitus amor in rancorem , sicut sequens sermo declarabit , sunt flebiliter commutata , ut ex sequentibus constiterit . * his ita gestis papa innocentius reg● anglorum literas direxit , exhortans humiliter & devote , ut magistrum stepha 〈◊〉 ●● 〈◊〉 getune , sancti chrysogoni presbyterum cardinalem , ad archiepiscop 〈◊〉 〈◊〉 ▪ canonice electum , benigne susciperet , & qui de regno suo originem 〈◊〉 . non solum in saecularium scientia literarum magistri nomen prome●uit , sed & doctor ●sse in theologicis disciplinis . et cum praecipue vita ipsius & mores scientiae magnitudinem excedant , ejus persona tam anim● suae quam corpori erit non mediocriter profutura . denique cum multis in hu●c modum verbis tam blandis quam persuasoriis regem ad consensum inducere p●rstitisset , priori & monachi cantuariensibus , per literas in virtute sanctae obedientiae praecep● , ut archiepiscopum jam dictum in pastorem susciperent , eique in tempo 〈◊〉 simul & spiritualibus humiliter obedirent . * cumque tandem literae do 〈◊〉 〈◊〉 ad regis anglorum notitiam pervenissent , ●ratus est rex vehementer de promotione magistri 〈◊〉 , ●ari●er & norwicensis cassatione , crimenque proditionis in monachos cantuarienses refundere sa●ege●at . dixit enim quod in praejudicium ●uae libe 〈◊〉 , ●●●e ipsius licentia suppriorem suam e●egerant , & postmodum , ut quod ma●● gesserunt , quasi sibi satisfaciendo palliarent , eligerunt episcopum norwicensem , & pecuniam de fisco accipientes ad itineris expensas , ut electionem de episcopo memorat● factam apud sedem apostolicam impetrarent confirmari , in cumulum iniquitatis suae elegerunt ibi stephanum de langetune , inimicum suum publicum , eumque fecerunt in archiepiscopum consecrari : ob hanc quoque causam idem rex in furorem versus , et indignationem , misit fulconem de cantelou , & henricum de cornhelle , milites crudelissimos et humanitatis ignaros cum ministris armatis , ut monachos cantuarienses , sicut crimine laesae majestatis reos , a regno angliae expellerent , vel sententia capitali condemnarent . illi autem mandatum domini sui non segniter exequentes , cantuariam sunt profecti , et nudatis ensibus monasterium ingressi , voce furiosa priori et monachis ex parte regis praeceperunt , ut velut proditores regiae majestatis , incontinenti de regno angliae exirent . et si hoc facere noluissent , affirmaverunt cum iuramento , quod ipsi injecto igne , tam in ipso monasterio , quam in aliis officinis omnes illos cum ipsis aedificiis concremarent . monachi vero nimis inconsulte agentes , sine violentia et omni manuum injectione , recesserunt omnes praeter tredecim valetudinarios ; qui in domo infirmorum jacentes , incedere non valebant . et protinus trajecti in flandriam , in abbatia sancti bertini honorifice recepti sunt , & in aliis monasteriis transmarinis . deinde jubente rege substituti sunt in ecclesia cantuariensi monachi quidam de sancto augustino , ad ministrandum ibidem , fulcone prefato procurante , imo omnia bona corundem monachorum distrahente , et confiscante , terris tam archiepiscopi quam monachorum remanentibus incultis . exierunt autem monachi saepe dicti , de monasterio suo in exilium . a exclusis hoc ordine monachis cantuariensibus , b rex anglorum johannes ad papam nuncios cum literis direxit , in quibus expresse et quasi comminando ipsum arguebat , quod electione norwicensis episcopi turpiter repulsa , stephanum quendam de langetuna sibi penitus ignotum , et in regno francorum inter hostes suos publicos diutissime conversatum , fecerat in cantuariensem episcopum consecrari . et quod magis in prejudicium , et subversionem libertatum ad coronam suam spectantium redundat , ipsius consensu a monachis qui illum postulasse debuerant , nec rite requisito , eundem stephanum temere promovere praesumpsit . unde asserebat se sufficienter admirari non posse , quod tam ipse papa quam universa curia romana ad memoriam non reducunt , in quantum ejus dilectio romanae sedi fuerit hactenus necessaria , in hoc rationis oculum non figentes , quod uberiores sibi fructus perveniant de regno suo angliae quam de omnibus regionibus citra alpes constitutis . addit insuper , quod pro libertatibus coronae suae stabit si necesse fuerit , usque ad mortem ; immutabiliter affirmans se non posse ab electione simul et promotione norwicensis episcopi quam sibi utilem intelligit , revocari . tandem negotii summam in hoc conclusit , quod si de premissis non fuerit exauditus , omnibus romam petentibus maris semitas angustabit : ne terra sua diutius evacuata ipsi minus ad hostes ab ea depellendos sufficiat . et cum archiepiscopi , episcopi , et alii ecclesiarum prelati , tam de regno angliae , quam aliarum terrarum suarum , in omnium scientiarum plenitudine sufficienter abundent , si necessitas coegerit , extra terras suas iustitiam vel iudicium ab alienigenis non emendicabit : a most royal ; heroick , just and equal resolution . cumque haec omnia ad domini papae audientiam , per regis nuntios pervenissent regi anglorum scripsit in haec verba , which are very high , arrogant , menacing , and antimonarchical , displaying his antichristian pride and spirit . innocentius episcopus servus servorum dei , charissimo in christo filio , johanni illustri anglorum regi salutem , & apostolicam benedictionem . cum super negotio cantuariensis ecclesiae nos tibi scripserimus , humiliter , diligenter , benigne exhortando ac rogando , tu nobis ( ut salva pace tua loquar ) rescripsisti quasi comminando , et exprobando contumaciter et proterve . et cum nos tibi supra jus deferre curemus , tu nobis secundum jus deferre non curas , minus quam deceret attendens , quod si tua nobis devotio plurimum est necessaria , nostra tamen tibi non parum est opportuna . cumque nos in tali casu tantum honorem nulli principum detulimus quantum tibi , tu nostro tantum derogare attendis honori , quantum in simili casu nullus princeps derogare presumpsit , quasdam frivolas occasiones pretendens , quibus asseris , quod electioni de dilecto filio nostro magistro stephano , titulo sancti chrysogoni presbytero cardinali a monachis cantuariensibus celebratae , non potes portare consensum , quia videlicet inter tuos est conversatus inimicos , et persona ejus est tibi prorsus ignota . porro juxta proverbium solomonis , frustra jacitur rete ante oculos pennatorum , cum intelligamus illud , ei non esse imputandum ad culpam , sed ad gloriam potius adscribendum , quod parisiis diu vacans liberalibus studiis , in tantum profecit , ut meruerit esse doctor , non solum in liberalibus facultatibus , verum & in theologicis disciplinis . ac si per hoc cum vita concordet doctrinae , dignus est habitus praebendam obtinere parisiensem . unde mirabile gerimus , si vir tanti nominis de tuo regno ducens originem , tibi potuit esse saltem quoad famam ignotus , praesertim cum ter scripsisses illi postquam nobis extitit in cardinalem promotus : quod licet disposueris eum ad tuae familiaritatis obsequium evocare , gaudebas tamen quod ad majus erat officium sublimatus . sed illud potius te attendere decuisset , quod in terra tua natus est , de parentibus tibi fidelibus ac devotis , quodque in eboracensi ecclesia fuerat prebendatus , quae longe major & dignior quam pariacensis existit . unde non solum ratione carnis & sanguinis , verum & obtentu ecclesiastici beneficii & officii , te ac regnum tuum affectu sincero diligere comprobatur . nuncii vero tui causam nobis aliam expresse runt , quare non prestitisti ejus electioni consensum , quia videlicet nunquam fuerat requisitus ab illis , qui eum a te debuerunt postulare , asserentes quod literae illae quibus mandavimus , ut super hoc negotio procuratores ad nos idoneos destinares , ad te minime pervenerunt . et monachi cantuarienses , quamvis pro aliis negotiis ad tuam presentiam accessissent , pro postulando tamen consensu nec literas , nec nuncios direxerunt ; unde iidem nuncii cum multa instantia nobis supplicarunt , quatinus ex quo nobis complacuit hanc tibi honorificentiam reservare , ut monachi e cantuarienses regium postularunt assensum , quoniam hoc factum non erat , dilationem congruam concedere dignaremur , infra quam posset id fieri , ne juri tuo contingeret derogari . contra personam electi quiddam ad ultimum proponentes , quod cum manifeste factum sit , ostium oris claudere debuissent , presertim cum si verum esset , promotionem ejus jam impedire non posset . licet autem super electionibus apud sedem apostolicam celebratis , non consueverit assensus principum expectari , duo tamen monachi fuerunt specialiter deputati ; ut ad te pro requirendo assensu venirent , qui apud ydivoriam fuerunt retenti , ut injunctum sibi mandatum exequi non valerent , & praefatae literae de procuratoribus ad nostram praesentiam destinandis , tuis fuerunt nuntiis assignatae , ut eas tibi fideliter praesentarent . nos quoque qui super eandem ecclesiam cantuariensem plenitudinem potestatis habemus , regium super hoc dignati sumus implorare favorem . et cursor noster qui apostolicas tibi literas presentavit , literas quoque prioris ac monachorum , qui ex mandato totius capituli cantuariensis celebraverunt electionem memoratam , super assensu praetendo , regiae sublimitati porrexit . ideoque non vidimus oportere denuo post haec omnia regium postulare consensum . sed illud agere disposuimus , non declinantes ad dextram vel ad sinistram , quod sanctorum patrum canonicae sanctiones , statuunt faciendum , ut videlicet nihil morae vel difficultatis rectis dispositionibus auferatur ne gregi dominico diu desit cura pastoralis . quocirca vel discretioni tuae vel regali prudentiae suggeratur a quoquam , quod aliquatinus valeat a consummatione hujus officii revocari , quoniam absque * vi & dolo canonica sit electio de persona idmea concorditer celebrata , sine damno famae & periculo conscientiae differre non possemus . tu ergo fili charissime , cujus honori supra jus deferri curavimus secundum jus , nostro studeatis honori deferre , ut gratiam divinam & nostram uberius merearis , ne forte si secus egeris , in eam te difficultatem inducas , de qua non facile valeas expediri , cum tandem opporteat eum vincere , * cu●●lectitur omne genu coelestium , terrestrium & infernorum , cujus nos vices in terris , licet immeriti exercemus . ne igitur eorum consiliis adquiescas , qui tuam femper turbationem desiderant , ut melius possint in aqua turbida piscari , sed nostro beneplacato te committas , quod utique tibi cedet ad laudem , gloriam et honorem . quia non esset tibi tutum in hac causa deo et ecclesiae repugnare , pro qua beatus martyr et pontifex gloriosus thomas sanguinem suum recenter effudit , presertim ex quo pater et frater tuus clarae memorie tunc reges anglorum in manibus legatorum apostolicae sedis illam pravam consuetudinem abjurarunt . nos autem si nobis humiliter acquieveris , sufficienter tibi & tuis providere curabimus , ne super hoc valeat vobis aliquod prejudicium generari . datum laterani , pontificatus nostri anno decimo . king john being no wayes courted out of , nor terrified from his royal rights and dignities by the courtship or menaces of pope innocent , thereupon anno dom. . he thus most injuriously proceeded against him . innocentius papa , cum regis johannis anglorum cor adeo induratum didicerat ( when as his own heart rather was thus hardned ) quod nec blandis ejus admonitionibus nec asperis comminationibus adquiesceret , ut stephanum cantuariensem archiepiscopum recipere vellet , tactus dolore cordis intrinsecus willielmo londinensi , eustachio elyensi , & malger● wigorniensi episcopis , de consilio cardinalium suorum dedit in mandatis , ut accedentes ad regem memoratum , ipsum pia sollicitudine pro negotio cantuariensis ecclesiae convenirent , salubriter exhortantes in domino , quatenus eo pacto se vinci à deo permitteret , ut victus domini vinceret , ipsumque cui servire , regnare est , in sui favorem provocaret . quod si forte ipsum contumacem , sicut hactenus extitit , invenirent et rebellem , regnum angliae totum sub interdicto concluderent , authoritate ei apostolica denunciantes : quod si per hoc pertinaciam suam non duceret corrigendam , ipse manum adhibere curaret graviorem , cum necesse sit eum vincere , qui pro salute ecclesiae sanctae diabolum , et ejus angelos debellams , claustra tartarea spoliavit . suffraganeis quoque cantuariensis ecclesiae episcopis , aliisque illius diocaesis praelatis in virtute obedientiae per sedis apostolicae literas expressit , ut archiepiscopum praefatum in patrem susciperent & pastorem , eique charitate debita obedire curarent . hereupon londoniensis , elyensis , atque wigorniensis episcopi , ex injuncto sibi delegationis officio , ( being more obsequious to the popes illegal , then their kings lawfull mandates ) regem johannem adeuntes , mandatumque sibi apostolicum per ordinem exponentes , humiliter lacrymisque profusis supplicabant , quatenus dominum habens prae oculis , archiepiscopum cantuariensem & monachos ad ecclesiam suam revocaret , honoraret , & eos charitate perfecta diligeret , scandalum interdicti evitare curaret ; ut per hoc retributor meritorum & potentiam sibi multiplicare dignaretur temporalem , & gloriam post mortem largiretur sine fine mensuram . cumque idem episcopi pro ejus salute vellent protrahere sermonem , rex quasi in furiam versus , contra dominum papam et ejus cardinales in verba blasphemiae prorupit , jurans per dentes dei , quod si ipsi vel alii quicunque ausu temerario terras suas supponerent interdicte , ipse incontinenti universos angliae praelatos , clericos pariter et ordinatos , ad papam mitteret , et bona eorum omnia confiscaret . addit etiam , quod romanos quoscunque sive in quibuscunque terris suis reperiri potuissent , erutis oculis naribusque praecisis , romam destinaret : vt hiis intersignis a caeteris possent nationibus ibidem discerni . ipsis insuper episcopis expresse praecepit , quatenus cum summa festnatione a suo conspectu recederent , si suorum corporum vellent scandali discrimine evitare . a most heroick , royal resolution , worthy a king of england , thus affronted by a tyrannizing usurping pope , and perfidious bishops . the king before this final harsh answer given to them , had condescended as far as possible to gratifie the pope in receiving stephen langhton to be archbishop of canterbury , upon these bishops first acquainting him with the popes mandate to them , promising to do any thing therein which his council should think fit and reasonable , saving in all things to him and his heirs the right and dignity of the crown belonging to them , as appears by his letters patents to these bishops , attested by . earls , and . barons , ( which our monkish historians conceale ) near . months before the interdict . rex , &c. londoniensi , elyensi , & wygorniensi episcopis salutem . sciatis quod parati sumus obedire domino papae sicut debemus , & mandatum ejus super negotio cantuariensis ecclesiae ad vos directum , quod nobis ostendist implere , cum concilio fidelium nostrorum sicut decet secundam rationem : salvis nobis in omnibus et heraedibus nostris , jure nostro , et dignitate nostra , et libertatibus nostris . testibus g. filio petri , comite essex , r. comite cestriae , w. comite arundell , w. comite sarisburiens . fratre nostro , r. comite de clara , s. comite winton , a. comite oxon , r. filio rogeri , r. constab . cestriae , w. briewer . apud lameli . vicesimo primo die januarii . but the bishops would admit of no such terms or conditions , but the king must absolutely part with his right , that so the pope from thenceforth might dispose of the archbishoprick of canterbury and all other bishopricks in england , wales and ireland ( by this president ) if submitted to , at his pleasure . whereupon the king commanded them to deliver these his letters patents to his chief justice , saving his right and dignity , before the interdict pronounced by them , as this record informs us . rex , &c. w. london . episcopo , &c. mandamus vobis quod literas nostras patentes quas fecimus vobis & soc●●s vestris executoribus mandati apostolici super negotio cantuariensis ecclesiae adimplendo , salvo jure et dignitate nostra , tradatis justiciario nostro g. filio petri. et in hujus rei testimonium vobis has literas nostras patentes inde mittimus . teste meipso apud suhant , vicesimo tertio die marcii . during the kings treaty with the bishops , simon langeton the pretended archbishops brother , repaired to the king at winchester , intreating him in the presence of the bishops to admit his brother to the archbishoprick , which he proffering to do , saving only his right and dignity : so soon as ever the king began to mention it , he presently replyed in an insolent manner , that he would do nought for the king therein , unlesse he would wholly referre himself into his hands , without any such saving . which he and the bishops concealing from the people , and raising false scandalous rumors touching the kings proceedings herein , to alienate his subjects affections from him , the king thereupon was enforced by his letters patents and proclamations , to publish the truth thereof to all his subjects in kent , ( most concerned therein , being under the archbishops jurisdiction , and most of them tenants to the archbishoprick ) to undeceive them . rex , &c. omnibus hominibus totius kanciae , &c. sciatis quod magister simon de langeton , venit ad nos apud wintoniam , die mercurii proximo ante mediam quadragesimam , & coram episcopis nostris rogavit nos , quod magistrum s. de langeton , fratrem suum reciperemus in archiepiscopum cantuariensem : et cum loqueremur eide salvanda nobis in hoc dignitate nostra , dixit nobis , quod nichil nobis inde faceret nisi ex toto poneremus nos in manum suam . hoc autem vobis mandamus , ut sciatis malum et injuriam nobis in hac parte factam . et mandamus vobis quod credatis hiis quae regin . cornehull , vobis dixerit ex parte nostra , de facto praefato ibidem inter nos et praedictos episcopos et ipsum simonem facto , et de facienda super hoc praeceptum nostrum . teste meipso apud winton . decimo quarto die marcii . the king during this treaty with the bishops , to preserve the rights of his crown , committed the custody of the temporalties of the priory of christ-church , and archbishoprick of canterbury , to certain commissioners during his royal pleasure , by these patents . rex , &c. fulconi de kantilupo , & reginaldo de cornubia , &c. sciatis quod commissimus magistro radulpho de sancto martino , & roberto de london . custodiam ecclesiae christi cantuariensis , cum omnibus quae ad interiora ejusdem ecclesiae spectant , & commissimus eidem roberto , & henrico de sandwico , custodiam omnium maneriorum prioratus ejusdem ecclesiae cum omnibus pertinentiis suis . et commissimus praedictis magistro radulpho , & roberto , & radulpho de arden . custodiam omnium maneriorum archiepiscopatus cantuariensis , cum omnibus pertinentiis suis quamdiu nobis placuerit . et ideo vobis mandamus quod ea illis tanquam custodibus nostris statim visis literis istis ita liberari faciatis , & bene imbreviari omnia quae eis liberaveritis . teste g. filio petri , apud westmonasterium , vicesimo tertio die januarii , anno regni nostri nono . rex , &c. omnibus tenentibus de archiepiscopatu cantuariense , & prioratus , &c. tam militibus quam aliis , &c. sciatis quod commissimus r. de cornehull , custodiam praedicti archiepiscopatus & praedicti prioratus cum omnibus quae ad eosdem archiepiscopatum & prioratum pertinent , & vobis mandamus quod ei tanquam custodi nostro sitis in omnibus intendentes & respondentes quamdiu nobis placuerit . teste meipso apud winton . decimo quarto die marcii . the bishops after the kings final peremptory answer to them , formerly recited , resolved to enforce the king to quit his royal right and dignity , by an antichristian interdict of his kingdom , which they could not perswade him to part with by their treaty ; thus related by * matthew paris . recedentes autem episcopi memorati , cum fructum penitentiae in rege non invenerunt , in quadragesima sequenti , executionem sibi a summo pontifice demandatam , exequi non verentes , prima die lunae in passione domini , quae tunc contigit decimo kalendas aprilis , sub generali interdicto totam angliam incluserunt : quod sicut in autentico domini papae , expressum habetur , non obstantibus privilegiis , ab omnibus est inviolabiliter observatum . cessaverunt itaque in anglia omnia ecclesiastica sacramenta , praeter solummodo confessionem et viaticum in ultima necessitate , et baptisma parvulorum ; ( quod ex callida indulgentia papae concessum est ut abalienatis a rege sibique conciliatis regni subditis tam regnum quam regem sibi subiiceret , adds * matthew parker . ) corpora quoque defunctorum de civitatibus et villis efferebantur , et more canum in biviis et fossatis sine orationibus et sacerdotum ministerio sepeliebantur . † trevisa , fabian , caxton , fox , speed , with others adde , that all the doors of churches and other places where divine service before was used , first in london , and after in all places throughout the land , were shut up with keys , walls , and other fastenings , no publick prayers , masses , or divine service must be once celebrated within them for sundry years ensuing ; by which unchristian interdict this flourishing church of england was publikely deprived for many years together of the very face of christianity , even by pope innocent , christs pretended vicar , who acted here like julian his professed enemy , immuring up the doors of all christian temples , in despite of their god , and for the kings bare crossing of his unjust papal usurpations , in defence of his prerogative royal , censured even god and christ himself , to lose their publick worship , and all the people , bishops , clergy to hazard their souls , living like infidels , without gods service and blessed sacraments , yea and dying , like dogs to be tumbled into every ditch without christian buriall : so well did he pursue our saviours trebled precept to peter , whereon he founded his papal soveraignty , john . , . feed my sheep , feed my lambs . matthew paris subjoyns , quid plura ? recesserunt latenter ab anglia , willielmus londinensis , eustachius elyensis , malgerus wygorniensis , jozelinus bathoniensis , & eg idius herefordensis episcopi , ( chief actors in this unchristian tragedy ) satius arbitrantes sevitiam commoti regis ad tempus declinare , quam in terra interdicta sine fructu residere . † but before their departure they excommunicated all the kings officers , who seized their temporalties and goods for this their treasonable and antichristian proceedings , not only against himself , but his whole realm , though not guilty of any contempt against the pope . the king hereupon out of just indignation and retaliation , thus rigorously proceeded against these trayterous prelates , and all the clergy confederating with the pope and them , against his rights and soveraignty , banishing the chief actors , and seizing the possessions and goods of the rest . thus registred by * matthew paris . rex igitur anglorum ob causa interdicti mente nimis confusus . misit vicecomites suos & alios iniquitatis ministros in omnes ●ines angliae , praecipiens tam praelatis singulis quam eorum subjectis cum comminatione terrifica , ut incontinenter a regno exirent , et super hac injuria peterent sibi a papa justitiam exhiberi . episcopatus insuper , abbatias , prioratus , sub laicorum custodia deputans , universos redditus ecclesiasticos confiscari praecepit . sed in hoc sibi caute prospiciebant praelati generaliter omnes totius regni , quod de monasteriis suis exire noluerunt , nisi per violentiam expellerentur , quod cum a regiis ministris suisset compertum , noluerunt alicui ingerere violentiam , sicut nec a rege praeceptum habuerunt : sed bona eorum omnia in usus regis convertentes , victum eis & vestitum parce ex rebus propriis ministrabant . horrea clericorum rege jubente , obserata sunt ubique & ad commodum fisci distracta , presbyterorum & clericorum focariae per totam angliam a ministris regis captae sunt , & graviter ad se redimendum compulsae : viri religiosi sive quicunque ordinati qui itinerantes reperti sunt in via ab equis suis projiciebantur , spoliabantur , & a satellitibus regis turpiter tractabantur , nec fuit qui eis iustitiam exhiberet . venerunt ea tempestate in confinio walliae ad regem , m●n●●r● cujusdam vicecomitis , ducentes praedonem unum , manibus a tergo vinctis qui sacerdotem quendam in via spoliaverat & interfecerat , quaerentes a rege quid super tali eventu sibi fieri placeret . quibus incontinenter respondit dicens , : inimicum meum interemit , solvite illum & sinite abire , * parentes quoque archeepiscopi & episcoporum qui angliam sub interdicto posuerunt , jubente rege capiebantur , atque bonis omnibus spoliati in carcerem trudebantur . inter hec omnia mala perendenabant pontifices prefati in partibus transmarinis , omnimodis viventes in delicius , & sese murum pro domo domini non opponentes , secundum redemptoris sententiam , cum lupum viderunt venientem dimiserunt oves , & fagerunt . such was the piety and sobriety , as well as loyalty of these ghostly fathers , who made all to fast from gods publicke worship . after this general seisure of the bishops and clergies temporalties and goods , such of them as submitted to the king , and refused to comply with the interdict , celebrating divine service , and administring the sacramentsto the people according to their duties both to god , the king and people , the king by special writs restored their temporalties , chattles , goods to them , retaining in his hands the lands and goods of all abbots , priors , religious houses and clerks , who submitted to the interdict , as is evident by these two patents for restoring the possessions , lands and goods of the bishops of winchester , and norwich , who complyed with the king , as did philip bishop of duresme , heartning him to contemne the popes causelesse curse , though at last , when the king surrendred his crown , they were all enforced to cry peccavi for it , as * godwin observes , rex , &c. roberto lupe , & g. de serland , sciatis quod reddidimus domino wintoniensi episcopo , episcopatum winton . & omnes terras , res , redditus & possessiones suas , & wardas suas , & omnia sua capta in manum domini regis , occasione interdicti , custodienda per manum suam . et ideo vobis mandamus , quod ei episcopatum suum , & omnia sua in balliva tua habere faciatis , & in pace terrae saciatis , retentis in manu nostra , terris , redditibus & rebus omnium abbatum , priorum , & domorum religiosorum , & etiam clericorum de episcopatu suo . teste w. briwer . apud waverle , quinto die aprilis . per eundem . sub eadem forma scribitur , aliis in quorum ballivis habet terras , res vel tenementa . mandatum est roberto de burgata , quod faciat habere episcopo norwicensi , totum regale , quod ad episcopatum suum pertinet , & omnia maneria sua , & omnes terras & wardas suas , & omnia sua capta in manu domini regis occasione interdicti , retentis in manu domini regis omnibus terris , redditibus , & rebus omnium abbatum , prioram , & virorum religiosorum , & etiam clericorum de episcopatu suo . mandatum est etiam eidem quod faciat habere . — rogero omnes redditus , & res clericorum habentium redditus de feudo suo , & donatione sua , & omnes terras , redditus , & res abbatum de feudo suo , si alicujus crociae habent de dono suo , & priorum seu cujuscunque domus religiosae si sit de dono suo , quia ipse domino regi inde respondebit . the king was so just in these his proceedings , as not to seise the lands or goods of any religious persons or clerks , but those who refused to celebrate divine service , from and after a certain day prefixed to them , as is evident by this record , touching the religious persons and clerks within the bishopricks of lincoln and ely. rex omnibus de episcopatu linc. clericis & laicis salutem . sciatis quod a die lunae proxima ante florid pasch . commissimus w. de cornhull archid. huntingdon & gerd . de camvill , omnes terras & res abbatum & priorum , & omnium religiosorum , & etiam clericorum de episcopatu lincolniae , qui divina extunc celebrare noluerint , & mandamus vobis quod eis extunc sicut ballivis nostris sitis intendentes . sub eadem forma scribitur omnibus de episcopatu eliensi quod sint intendentes ab illa die com . surr. yea , this king was so indulgent , as to permit all archbishops , bishops , abbots , priors , religious persons and clerks throughout england , to sell their corne by sums , till the feast of st. katherine , after their barnes were shut up , as appears by this writ issued to all sheriffs of england . mansatum est omnibus uicecomitibus angliae , quod permittant archiepiscopos , episcopos , abbates , priores , & omnes viros religiosos , & omnes clerios uendece blada sua per summas , usque ad festum sanctae katerinae . matthew paris informs us , that john abbot of st. albons , being specially commanded by the king to celebrate divine service during the interdict , called all his moncks into the chapter-house , perswading them to obey god ( meaning the pope ) rather then man ( the king ) and patiently to endure the kings anger , which god in due time would bring to an end . for which high contempt , the king seised all the temporalties of the abby , prosecuted this abbot , put out the officers of the abby , and placed his own in their steads , till this abbot at last complyed , and payd six hundred markes to the king , to purchase his peace and take off the sequestration . hic in interdicto multas pressuras , & tribulationes perpessus est , quarum unam huic libello duximus inserendam ; significavit ei rex johannes , ut spre to papali mandato in interdicto divina celebraret . et super hoc , habito consilio in capitulo , ait , fratres oportet obedire magis deo , ( the celebrating of divine service as he commanded , had been to obey god , not to intermit it on the popes inhibition , when both god and the king commanded it ) quam hominibus ; sustineamus iram principis , dabit deus his quoque finem . et sic domino papae obediens , quamvis magister alexander filius cementarii ( tunc minister regis ) consuluisset in contrarium , noluit regi in hoc casu obedire , iratus igitur rex vehementer de contemptu sui mandati ( accipiens sic sponte malignandi occasionem ) occupavit in manu sua totam abbatiam . et ejectis nostris suos per omnia apposuit custodes seculares videlicet , magistrum robertum londoniensem , clericum suum superiorem , virum versutum & per omnia regi johanni domino suo conformem , qui etiam inter ipsum regem & admirabilem murmelinum , crebra internuncia & secreta ( de apostasia ut dicitur ) intermeans detulerat ipse igitur robertus , ejecto & deposito nostro cellerario instituit suum , quendam scilicet secularem , virum versutum , & avarum nimis , suae quae dum potuit avaritiae consulentem . similiter ignominiose nostro janitore ejecto , subrogavit alium , robertum nomine , qui sustigatis ingredientibus & egredientibus , & perscrutatis , erat conventui quasi spina in oculo . aegre igitur nimis haec ferens abbas johannes , ut videlicet tam libera , tam nobilis domus in suo tempore , tali laicorum jugo praemeretur , regem ( imo tyrannum ) justus injustum , agnus adiit leopardnm ( thus doth the venemous monck●bespatter king john ) deditque sexcentas marcas , ut custodes nos opprimentes amoveret , & liberam in pace cum suis pertinentibus totam sineret abbatiam . the same year the white monks complyed with god and the king , in saying divine service , for which presumption this antichristian pope suspended them the second time . albi monachi in principio interdicti cessantes , postea ad mandatum sui principalis divina celebrare presumpserunt , sed haec praesumptio cum ad summi pontificis noticiam pervenisset , ad sui maiorem confusionem denuo sunt suspensi . and when as the next year ( . ) procurante stephano cautuariensi arciepiscopo , indultum est ecclesiis conventualibus in anglia ( but not to parish churches , on purpose to please the monks , and engage them on the popes and archbishops side , against the king who sequestred their lands , for not celebrating divine service , according to the charters of their foundation and rules of their respective orders ) ●emel in hebdomada celebrare divina , * albi autem monachi hoc privabantur indulgentia , eo quod in principio interdicti cessantes postea ad iussionem sui abbatis principalis , papa inconsulto , celebrare praesumpserint : most partial papal justice . the king perceiving that the pope , and bishops , intended not only to seduce but to absolve his subjects from their alleagiance to him , like a wise prince , required pledges from all the great men he suspected , to be delivered to him for their future fidelity , which most of them submitted to , others refused , thus related and aggravated by our moncks to render him odious . inter haec & consimilia opera impietatis , rex johannes in se reversus metuebat , ne dominus papa post interdictum , manus in eum extenderet graviores , illum nominatim excommunicando , vel magnates angliae ab ejus fidelitate absolvendo . vnde ne regni iura amittere videretur , misit manum militarem ad omnes regni potentes , & quos praecipue suspectos habebat , exigens obsides ab eis , quibus posset eos , si forte processu temporis ab ejus fidelitate absolverentur , ad debitum revocare obsequium ; adquieverunt multi regis jussionibus , & alii filios , alii vero nepotes & carnaliter propinquos nunciis tradebant . venientes tandem ad willielmum de brause virum nobilem , & obsides ab eo , sicut ab aliis fecerat exigentes , repagulum conditionis invenerunt . matildis enim uxor ejusdem willielmi procacitate muliebri verbum rapiens ex ore viri , nunciis respondit . pueros meos domino vestro regi johanni non tradam , quia arthurum nepotem suum quem honorifice custodisse debuerat , turpiter interfecit . quod verbum , cum vir ejus audisset , increpavit eam & dixit : quasi una ex stultis mulieribus contra dominum nostrum regem , locuta es . nam si ipsum in aliquo offendi ; paratus sum & ero domino meo , & sine obsidibus satisfacere , secundum judicium curiae suae & baronum parium meorum , certo mihi assignato die & loco . nuncii autem ad regem reversi , cum ei quae audierant , retulissent , rex graviter perturbatus , misit milites suos & servientes latenter , qui ipsum willielmum cum tota sua familia comprehenderent , & sibi sub omni festinatione praesentarent . sed idem willielmus ab amicis suis praemonitus , cum uxore sua , & filiis & propinquis ad hyberniam aufugito . * matthew westminster ( exceeding all bounds of truth and modesty ) superadds , rex vero interim nunc hunc , nunc illum , de magnatibus regni , vel pecunia injuste mulctavit , vel libertatibus , aut possessionibus spoliavit , nonnullos uxoribus suis zelotipavit , filias defloravit , ita quod manifeste tam deo , quam hominibus exosus videretur & detestabilis . insuper ut appareret ejus insatiabilis avaritia , gulae inextinguibilis sicut & corporis libido , capturam avium prohibuit , & nobilium arctavit venationes , unde non tantum amorem omnium amisit , imo odium incurrit inexorabile , etiam exosum eum habuit uxor propria , quam de adulterio adulter defamavit , & suspectos eidem familiares , ignominiose necavit , & in arcta custodia ipsam jussit custodiri : & inter caetera ipsius flagitia , apud nottingham , quamplures obsides pueros innocentes , alter herodes patibulo fecit suspendi . vnde tam anglici , quam alieni desubjugo intollerabili talis tyranni cupientes jam excurrere , caeperunt districte cogitare ad cujus principis sinum aliquod refugium possent invenire . but this doubtlesse is a meer monkish forgery , contrary to all rules of policy , as well as justice , and his subjects adhering to him in such a time of danger . in the midst of these contests and interdicts , the subprior and monks of monteacute acknowledged his soveraign jurisdiction over them , which he exercised at their request , in removing their prior for his misgovernment and dilapidations , and commanding another to be placed in his room , by this memorable record . rex , &c. omnibus , &c. monstraverunt nobis supprior & monachi de monte acuto , quod durandus qui prior fuit ejusdem loci , male & inutiliter gessit se in regimine prioratus illius , & illum adeo intus & extra destruxit , quod inde meruit amoveri . nos vero tam istas quam alias multas , & graves quaerelas audientes de eo , & injurias , cum domus illa de speciali elemosina nostra sit et honori et dignitati nostrae congruat ut utiliter tractetur ; mandavimus venerabili patri nostro j. bathoniensi episcopo , ut accitis secum quos viderit expedire diligentem , super hiis faciat inquisitionem : volentes quod si idem episcopus , ita esse invenerit & per literas suas patentes id testificatus fuerit , praedictus de prioratu illo in nullo de caetero se intromittat , quia volumus quod domui illi de alia persona honesta , et utili provideat . ita quod dignitas nostra quam in illo prioratu , et aliis habemus in nulla minuatur . teste meipso apud odiham , vicesimo primo die decembris , anno regni nostri nono . yea several bishopricks and abbies becoming void during the interdict , thereupon the king granted licences to elect new bishops , abbots , priors , such as he recommended and approved , who were accordingly admitted to them , and discharged their spiritual functions in them , notwithstanding the popes inhibition , when * some of the bishops , and others of the rebellions clergy who fled beyond seas , dyed of severall diseases , by the just judgement of god , during the interdict they pronounced . the king being exasperated against the rebellious clergy , took all just and legal occasions to exercise his severity against some of them , to reduce others to obedience ; which matthew paris thus relates , in odium regis , ( if we may credit him ) in one signal example at oxford . per id tempus , clericus quidam apud oxoniam , liberalibus vacans disciplinis , mulierem quandam casu interfecit , quam cum mortuam deprehendisset ; per fugam sibi consuluit . praefectus autem urbis & multi alii accurrentes cum mulierem exanimem invenerunt , ceperunt quaerere homicidam illam in hospitio suo , quod cum tribus sociis suis clericis locaverat , & facti reum non invenientes , ceperunt tres socios ejus clericos memoratos , & de homicidio penitus nescios , & eos in carcerem retruserunt . deinde post dies paucos , rege anglorum jubente , in contemptum ecclesiasticae libertatis , extra villam educti suspendio perierunt . quod cum factum fuisset , recesserunt ab oxonia ad tria millia clericorum tam magistri quam discipuli , ita quod nec unus ex omni universitate remansit ; quorum quidam apud cantebrigiam , quidam vero apud radingum , liberalibus studiis vacantes , villam oxoniae vacuam reliquerunt . yet , eodem anno hugo archidiaconus wellensis , & regis cancellarius , ad episcopatum lincolniensem , eodem rege procurante , electus est , qui continuo post factam electionem , totius episcopatus a rege liberam dispositionem accepit : and was consecrated by the archbishop of rohan , so as the king during the interdict disposed of his bishopricks as before , to such who were loyall and obedient to him . whereupon the pope considering how much his interdicts were generally slighted throughout england , proceeded one degree further , to excommunicate the king by name in all conventual churches , every lords day and holy day , though no divine service must be used in parish churches ; such was his daring impiety , thus related by his creatures . * sub his denique diebus , cum rex anglorum johannes , jam fere per biennium , ut dictum est , generaliter per totam angliam persecutionem gravissimam ratione . interdictitam contra viros ecclesiasticos , quam la●cos nonnullos infatigabiliter continuasset , & de correctione simul & satisfactione omnibus spem omnimodam ademisset : papa innocentius ipsius rebellionem diutius inultam dissimulare non potuit : ( though he could not only dispence with , but countenance his bishops and monks rebellions against the king. ) vnde de consilio fratrum ●uorum cardinalium ad extirpandum radicitus ecclesiae scandalum , londoniensi , helyensi , & wygorniensi episcopis , dedit in mandatis , vt regem memoratum nominatim excommunicatum pronunciarent , et sententiam singulis diebus dominicis et festivis in omnibus ecclesiis conventualibus per totam angliam solemniter publicantes , ipsum facerent ab omnibus arctius evitari . sed cum episcopi jam dicti confratribus suis , qui in anglia remanserant episcopis , alii que ecclesiarum praelatis publicationem sententiae authoritate apostolica commisissent : ( they being willing to sleep in a whole skin , and translate this dangerous businesse to others . but they like prudent and loyal subjects slighting the popes commands : ) effecti sunt universi metu regio vel favore , canes muti ; non audentes latrare . vnde injunctum sibi officium exequi dissimulantes , in mandatis apostolicis secundum juris ordinem minime processerunt . veruntamen sententia in brevi facta omnibus notissima in viis , plateis , necnon in aliis hominum conventiculis , confabulatione licet secretissima , omnium ora replevit . inter quos cum die quadam sederet apud westmonasterium ad scaccarium gaufridus archidiaconus norwicensis , regiis intendens negotiis , caepit secretius sermocinari cum sociis suis assidentibus de sententia in regem lata , dicens , non esse tutum viris beneficiatis in obsequio regis excommunicati ulterius immorari . et his dictis , ad propria , non licentiatus recessit . sed cum post paululum , ea quae facta fuerunt , ad regis notitiam pervenissent , non mediocriter perturbatus , misit willielmum talbot militem cum armata manu , qui ipsum archidiaconum comprehensum , et vinculis asperimis constrictum sub carcerali custodia recluserunt , ubi post dies paucos rege praefato jubente , * capa indutus plumbea , tam victualium penuria , quam ipsius capae ponderositate compressus , migravit ad dominum . a just reward for such a signal and singular traytor . during this interdict and excommunication , alexander abbot of the benedictines , vir corpore elegantissimus , facie venerabilis , literarum plenitudine imbutus , ita ut parisiis celebris haberetur , magister , et rector , et lector in theologia , ( as ( a ) matthew westminster , ( b ) thomas sprot , ( c ) baelaeus , and ( d ) others inform us ) openly pleaded and fomented the kings cause against the pope , out of ambition , write the monks , but in truth out of true grounds of conscience and religion , as matthew paris his relation ( though partial ) discovers . ( e ) ingessit se lae interdicti tempestate consiliis regi●s pseudotheologus , quidam magister alexander , dictus cementarius , qui suis iniquis praedicationibus regem non mediocriter ad crudelitatem commovit . dixit enim illud generale flagellum angliae , non ex culpa regis , sed ex subditorum flagitiis pro venisse : affirmavit etiam ipsum regem virgam esse furoris domini , et ad hoc principem constitutum , ut regat populos aliosque subditos in virga ferrea , & tanquam vas figuli confringat universos , ad alligandos potentes in compedibus , & nobiles suos manicis ferreis . ad papam quoque non pertinere de regum , sive de quorumlibet potentum laica possessione , vel subditorum regimine , ( * judicare ) verisimilibus quibusdam probavit argumentis : cum praecipue principi apostolorum petro , nihil a domino nisi ecclesiae tantum , ac rerum ecclesiasticarum sit collata potestas . his igitur & his similibus fallaciis , regis adeo favorem promeruit , ut plurima a viris religiosis beneficia per regis violentiam , obtineret . sed cum tandem ipsius perversitas ad summi pontificis aures pervolasset , ipso papa procurante , bonis ac beneficiis omnibus spoliatus , ad tantam demum miseriam per ductus est , ut in habitu pauperimo & cultu , necessitate compulsus sit panem suum cum dolore ostiatim mendicare . quem videntes multi subsannando dixerunt ecce homo , ; qui non posuit dominum adjutorem suum dum steravit in multitudine divitiarum suarum , & prevaluit in vanitate sua . fiat ergo nunc contra dominum semper , & dispereat de terra memoria ejus , proco quod non est recordatus ut faceret misericordiam . propterea deus destruet eum in finem , & oratio ejus erit in peccatum , ut eradatur habitatio ejus de terra viventium . which might have been more properly applyed to the exiled trayterous bishops and monks , then to this ( f ) theologiae doctor eximius tam seculari quam ecclesiastica sapientia imbutus & regis connutritius , as thomas sprot describes him . ( g ) balaeus in his life informes us , that he was abbot of the benedictines in canterbury , and for his eminent learning sent by king john anno . with his solemn messengers to rome , vt cum magnis illis proceribus , super sceptri sui jure & authoritate regia in anglorum regno disceptaret : quoniam romani pontifices , tyrannide plus quam pharaonica in regnis christianorum omnia confundebant , regnum ( ut facturum esse antichristum paulus admonuit ) super omne quod dicitur deus usurpantes , probabat igitur rationibus & scripturis coram rabbinis illis , non esse in regnis a deo constitutis , potestate regia dominationem majorem : episcoporum vero nullum esse temporale regimen dicebat , cum christi regnum de hoc mundo non sit . allega vitquae gregorii magni dicta ad augustinum monachum , de anglorum ecclesiae ab omni servitutis jugo immunitate , atque contra omnes in ea conflictatione praevalebat . he writ . books against the popes usurpations and power , viz. de cessione papali , de ecclesiae potestate , de potestate vicaria , in defence of his soveraign king john ; for which his loyalty he was afterwards by the popes power deprived of all his benefices , by pandulphus the popes legat , ( after king johns surrender of his crown ) and thus enforced to beg his bread , when the arch-traytors to the king were restored to their bishopricks , with all the profits of them and damages sustained , during their banishment for their treasons . thus dat●veniam corvis , vexat censura columbas . this severity of the pope against the kings loyal clerks and champions , might justly excuse his severity against his disloyal perjured bishops , monks , and traytors , especially against hugh bishop of lincoln , to which bishoprick he caused him to be elected , advanced , yet proved treacherous to him . eodem tempore hugo lincolniensis electus , impetrata a rege licentia ad partes transfretandi gallicanas , ut ab archiepiscopo rothomagensi consecrationem acciperet , continuo ut normanniam applicuit , contulit se ad stephanum archiepiscopum cantuariensem , & facta ei canonica obedientia , decimo tertio kalendas januarii , munus ab eo consecrationis accepit . sed cum id a rege compertum fuisset , suscepit in manu sua episcopatum iam dictum : atque omnia illius emolumenta in usus suos converut . waltero quoque de gray sigillum suum tradens , rex facit eum cancellarium suum , qui in omnibus regni agendis , regis studuit facere voluntatem . what little regard or dread the nobility of england then had of the popes interdict , or personal excommunication of king john , though they had general notice thereof , will appear by all their attendance on and communication with him at windsor , during christs nativity : of which matthew paris , and matthew westminster take special notice , and thus relate . anno dominicae nativitatis millessimo ducentessimo decimo , rex johannes fuit ad natale apud windleshores , presentibus omnibus angliae magnatibus , & communicantibus ei , non obstante sententia qua fuerat innodatus , quae licet non pu●licata , omnium tamen partium angliae climata pervolavit , & aures subintravit . this they did for the most part out of loyalty , but others out of fear . omnibus enim sese subtrahentibus rex nocive insidebatur . how injurious pope innocents interdict and excommunications were against king john , may be evidenced by his excomunicating his nephew otho the emperor , his confederate , just about the same time , with some others upon the like account , ( only for executing his coronation oath , which this pope himself had given him , in rescuing the castles and lands of the empire out of his usurping powers ) thus impartially recorded by mat : paris , not impertinent to our english affairs . circa dies istos otho romanorum imperator memor sacramenti quod fecerat , cum à papa ad imperium fuerat sublimatus , quod videlicet dignitates imperii conservaret , & jura dispersa pro possibilitate suarevocaret , fecit per sacramentum legalium hominum imperii dominica castella sua , & alia jura ad dignitatem imperialem spectantia per quiri , & quaecunque per recognitionem ad jus imperii spectare didicerat , in usus suos convertere laborabat . hac autem de causa orta est dissensio gravissima inter dominum papam & imperatorem memoratum , eo quod tempore quo vacabat imperium , idem * papa castella plurima cum rebus aliis occupaverat quae ad dignitatem imperii pertinebant . vnde imperator quia quod suum erat revocare studuit , ipsum papam sine merito ad odium provocavit . fredericum quoque regem siciliae , idem imperator graviter persequutus est , qui similiter dum vacaret imperium quasdam munitiones occupatas detinuit . vnde papa memoratus ipsum imperatorem per nuncios , & literas frequenter admonere studuit ; ut eum * a persequutione romanae ecclesiae , quam a regis siciliae ac tutelae commissae sedi apostolicae exheredatione , cessaret . imperator autem nunciis domini papae tale perhibetur dedisse responsum , si , inquit summus pontifex imperii jura injuste possidere desiderat , a sacramento quod tempore consecrationis meae ad dignitatem imperialemme jurare compulit , absolvat ; quod videlicet dispersa imperii jura revocarem . denique cum papa ipsum imperatorem a prestito juramento , quod omnes imperatores in sua consecratione , inspectis sacrosanctis evangeliis jurare tenentur , absolvere noluit , & imperatore contra imperii iura , quae jam parte maxima , in manu potenti revocaverat , reddere contempsit : idem papa in ipsum imperatorem , * sententian excommunicatonis tulit , atque vniversos , tam alemanniae quam imperii romani magnates , ab ejus fidelitate absolvit . et hoc odium regis johannis , & iram essicaciter obduravit . this being just king johns case , in relation to the archbishoprick of canterbury . and was he here in either the vicar of christ or st. peters successor ? or could the devil himself , had he sate in his chair , have given a more unjust diabolical sentence in such a case as this , pronounced by a misnamed innocent ? it is very observable what glorious victories , and admirable successes , without effusion of blood , both in ireland , scotland , and wales , god gave to king john whiles under the popes interdict , curse , and excommunication , ( as not offended with him ) which the monks his greatest enemies thus relate . eodem anno , rex anglorum iohannes , apud pembroc . in wallia copioso exercitu congregato , profectus est in hiberniam , & ibi applicuit octavo idus junii . cumque venisset ad dublinensem civitatem , occurrerunt ei ibidem plus quam viginti reguli illius regionis , qui omnes timore maximo perterriti , homagium ei & fidelitatem fecerunt . pauci tamen ex regulis supersederunt , qui ad regem venire contempserunt , eo quod in locis inexpugnabilibus habitabant . fecit quoque rex ibidem construere leges & consuetudines anglicanas , ponens vicecomites aliosque ministros , qui populum regni illius juxta leges anglicanas judicarent . hoc ita gestis rex in manu forti progrediens , cepit plurimum hostium suorum munitiones , fugientibus a facie ejus waltero de lasci viro nobili , cum aliis multis , qui in manus ejus incidere metuebant . tandem veniens in provinciam regionis illius , quae mide nuncupatur , matildam uxorem willielmi de brause , & willielmum filium ejus cum uxore sua , in quadam munitione obsedit & caepit , a quo clam evadentes , & postea rursus capti in insula de maij , regi sunt presentati , vinculis constrictos asperrimis , misit in angliam , & in castello de windleshores , sub arcta custodia deputavit : qui omnes rege jubente fame perierunt . rex denique johannes cum in parte maxima de tota hybernia pro libitu suo disposuisset , naves cum triumpho ingressus , in angliam applicuit tertio kalendas septembris . deinde londonias cum festinatione properans , fecit omnes angliae prelatos in sua presentia conuenire . venerunt autem ad hanc generalem vocationem abbates , priores , abbatissae , templarii , hospitilarii , custodes villarum ordinis cluniacensis , et aliarum regionum transmarinarum , cujuscunque dignitatis et ordinis , ( notwithstanding the popes interdict , and his own personal excommunication ) qui omnes ad tam gravem compulsi sunt redemptionem , ac rerum ecclesiasticarum dilapidationem , quod summa extortae pecuniae excrevisse fertur ad centum millia librarum sterlingorum . albi quoque monachi de regno angliae aliis exceptis , quadraginta millia argenti in hoc tallagio ( vellent nollent ) cassatis privilegiis , regi persolverunt . cujus rei seriem siquis plenius prosequeretur , lachrymas excuteret tyrannorum , & animos audientium perturbaret : writes this disloyal partial monk ; when as the popes taxes and proceedings against the king should rather do it . he likewise * entred into a league with otho the emperor , and forced john king of scots , who received his fugitives and run-away subjects , and harboured them in his kingdom , out of meer fear of his army , valour and successes , to intercede and send to him for peace , to pay him . marks to purchase his peace with him , and to put in hostages for his fidelity , without any fight between them ; yea the welshmen themselves , formerly rebellious , soon after his return from scotland , voluntarily repaired to him at woodstock , ( quod temporibus anteactis fuerat inauditum , as our monks affirm ) and there did homage to him . after which , anno . he entring into wales with a puissant army as far as snowdune , reges omnes et nobiles sine contradictione subjugavit . de subjectione in posterum obsides viginti octo suscepit , et inde cum prosperitate ad albuni monasterium remeavit , lewellin prince of northwales being enforced to render himself to his mercy , without any battel or fight at all . these admirable successes , with his lords , nobles , subjects constant attendance on , and adherence to him , notwithstanding the popes interdict , curse , thunderbolts ; thereupon the pope attempts to decoy him out of his royalties and resolutions by a treaty , to which end he dispatched two nuncioes to the king , who in his victorious return from wales , * veniens apud northamptonam , nuncios domini papae ibidem cum mandatis apostolicis obvios habuit . pandulphum videlicet subdiaconum & domini papae familiar ssimum , ac de militia templi fratrem durandum : qui ad hoc venerunt , ut pacem inter regnum , & sacerdotium reformarent . rex autem ad exhortationem nunciorum gratanter concessit , ut archiepiscopus cantuariensis , & monachi atque omnes episcopi ab anglia proscripti , cum pace sua redirent ad propria . sed quia de damnis datis , & de bonis eorum confiscatis , rex , archiepiscopo & episcopis satisfacere noluit , ( having no reason to do it , these bishops putting him to so vast expences both at rome , and in his wars against those they stirred up against him ) nuncii infecto negotio ad gallias remearunt . the chronicle compiled by the school-master of st. albans , in the last year of k. henry the th . and then printed by him , reprinted by winkynde worde . by william caxtons appointment , whose title it bears , adds much to this relation , of a conferrence first between the king and exiled bishops , and soon after between these nuncioes and the king , relating their insolent speeches and behaviour towards him , omitted by other historians , ( transcribed in part by mr. fox ) which i shall here insert . * these foure byshops ( who interdicted the kingdom , and cursed all them that put or should meddle with holy chirche goods , agenst the will of them that ought theym ) went over the sea , and came to the byshop of canterbury , and told him all the thing . and the archbyshop to them said , that they should goe againe to canterbury , and hee should come thither to them , or else hee would send unto them certaine persons in his stead that should doe as much as if hee himselfe were there . and when the byshops heard this , they turned againe into england , and came unto canterbury : the tydings came to the king that the byshops were come againe to canterbury , and himselfe might not come thither that tyme , hee sent thither byshops , earles , and abbots , for to treat with them , that the king should receive the archbyshop stephen , and the priour , and all the monkes of canterbury , that hee should never after that tyme nothing take of holy chirche agenst the will of them that oweth the goodes . and that the king should make full amends to them of whom hee had any goodes taken . and the holy chirche should have all fraunchise as far forth as they had in saint edwards tyme the holy confessour . so when the fourme of accordment thus was ordeined ; it was in a paire of indentures , and they put their seales to that one part , and they that came in the kings name put their seales to that other part of the indentures . and foure bishops aboyesaid took the one part of the indentures to them , and that other part of the indentures they bare with them to shew to the king. when the king saw the fourme and understood , he held him full well appaid of all manner of things as they had ordeined , saving as touching restitution of the goods for to make agen . to that thing hee would not accord , and so hee sent word agen to the foure byshops , that they should do out and put away that one poynt of restitution . * but they answered , that they would not doe one word out . tho sent the king to the archbyshop by the foure byshops , that hee should come to canterbury for to speake with him there , and sent unto him safe conduct under pledges . that is to say , his justices , gilbert peyteum , william de la brener , and john fitz hugh , that in their conduct safely hee should come and goe agen at his owne will : and thus in this manner the archbyshop stephen came to canterbury . when the archbyshop was come , the king came to chilhaz , for hee would no nighe canterbury at that tyme. but hee sent by his tresorer byshop of winchester , that hee should doe out of the indentures the clause of restitution for to make of the goodes . and the archbyshop made his * dathe , that hee would not never doe out oo word thereof , ne yet it change , of that the byshops had spoken and ordeined . and tho the archbyshop yede agen to rome , without any more doing . king iohn was then * wrother then ever hee was before , and let make a common cry throughout all england , that all those that had holy chirche rents , and went over the sea , that they should come againe into england at a certain day , or else they should loose their rents for evermore . and that he commanded to every sheriffe throughout all england , that they should enquire if any byshop , abbot or priour , or any other prelate of holy chirche , fro that day afterward receive any commandement that cometh fro the pope , that they should take the body and bring it before him , and that they should take into the kings hands all their lands of holy chirche , that were gave to any man by the archbyshop or by the priour of canterbury , from the tyme of the election of the archbyshop . and commanded that all the woodes that were the archbyshops should be cast down unto the ground , and all sould . andin the same yeare the * irishmen began to warre upon king john , and the king ordeined him for to goe into ireland , and lete arear an huge tax throughout all england , that is for to say , thirty thousand marks ; and thus hee sent throughout all england unto the monks of the order of c steaux , that they should help him of six thousand marke of silver . and they answered and said , that they durst nothing doe without their chiefe abbot of cisteaux . wherefore king john when hee came agen from ireland , did them soe much sorrow and care , that they wist not whyder to abide , for hee took soe much raunsome of every house , and the sumine amounted to nine thousand and three hundred marke , soe that they were cleane lost and destroyed , and voyded their houses and their londs throughout all england . and the abbot of waversay drade soe much his menace , that hee forsooke all the abby and went thence , and privily ordeined him over the see to the house of cisteaux . when the tydings came to the pope , that the king had done soe much malice , then hee was towards the king full wroth , and sent two legates unto the king , that one was called pandulfe , and that other dur●unt , that they should warne the king in the popes name , that hee should cease of his persecution that hee did unto holy chirche , and amend the wrong and the trespasse that hee had done to the archbyshop of canterbury , and to the priour , and to the monkes of canterbury , and to all the clergy of england . and that hee should restore all the goodes agen that hee had taken of them agenst their will , and else they should curse him by name . and to do this thing and to confirm the pope toke them his letters in bulles patents . these two legates came into englond , and came to the king to northampton , there that hee held his parliament , and full courteously they him salewed , and said , syr we come from the pope of rome , the peace of the holy chirche , and the lond to amend . and wee admonish you first in the popes half , that yee make full restitution of the goodes that yee have ravished and taken of holy chirche , and of the lond , and that yee receive stephen archbyshop of canterbury into his dignitee , and the priour of canterbury and his monkes , and that yee yeld agen unto the archbyshop all his londs and rents without any withhoulding . and syr yet moreover , that yee shall make restitution unto all holy chirche , whereof they shall hould them well apaid . tho † answered the king , as touching the priour and his monkes of canterbury , all that yee have said i will doe gladly , and all things that yee will ordeine ; but as touching the archbyshop , i shall tell you in my hert as it lyes , that the archbyshop leave his archbyshoprick , and that the pope then for him would pray , and then upon a venture mee should lyke some other byshoprick to give him in englond : and upon this condition i will him accept and receive and neverthelesse , as archbyshop in england if hee abyde , hee shall never have soe good safe conduyte , but that hee shall be take . tho said pandulph unto the king , sir , holy chirche was wont never to discharge an archbyshop without cause reasonable : but it * ever hath heene wont to chastize princes , that to god and holy chirche were disobedyent . what how now said the king , menace yee mee ? nay said pandulph , but yee now have openly tould , as it standeth in your heart . and to you wee will tell what is the * popes will ; and thus it standeth , that hee hath you hooly enterdyted and accursed for the wrongs that yee have done to holy chirche , and to the clergy . and forasmuch as yee dwell , and heth in will to abyde in malice and in wretchednesse , and will not come out thereof ne to amend , yee shall understond , that this time afterward the sentence is upon you geven , and houldeth stede and strength , and upon all tho that with you hath communed before this time , whether they bene earles , barons or knights , or any other whatsoever that they bee , wee them assoylle safely unto this day . and from this tyme afterward , of what condition soever they bene , wee them accurse , that with you comyne ony word , and doe wee sentence upon them openly and specially . and wee assoylle clene earles , barons , knights , and all other men of their homages , services and feautees , that they should unto you doe . and this tydynge to conferme , wee geve plaine power to the byshop of winchester , and to the byshop of norwich ; and the same power wee geve into scotland , to the byshops of rochester and of salisbury : and in wales wee geve the same power to the byshop of saint davids , and of landaff , and of saint asse ; and moreover wee sente thrughout all chrystendome , that all the byshops beyond the sea , that they doe accurse all those that helpe you , or any counsell giveth you in any manner nede that yee have to doe in any part of the world. and wee assoylle them alsoe all by authoryte of the pope , and commaund them alsoe with you for to fight , as with him that is enemy to all holy chirche . tho answered the king , what may yee doe more to mee ? tho answered pandulph , wee say to you in the * word of god , that yee , ne no heyre that yee have never after this day may be crowned . tho said the king , by him that is almighty god , and i had wift this ere that yee came into my londe , that yee had brought mee such tydings , i should have made you ride all one year . tho answered pandulph , full well wende wee at our first cominge , that yee would have beene obedyent to god , and holy chirche , and have fullfilled the popes commandement ; and now wee have shewed unto you , and pronounced the popes will , as wee were charged therewith . and as now yee have said , that if yee had wist the cause of our coming , that yee would have do us to ryde all au hoole yeare . and as well yee might have said , that yee would have taken an hoole yeare of respyte by the popes leave . but for to suffer what dethe yee could ordeyne , wee shall not spare for to tell you hooly all the popes message , and his will that wee were charged with . and anone tho commaunded the king , the shyriffs , and baylyffs of northampton , that were in the kings presence , that they should bring forth all the prysoners , that they might bee done to death before pandulph , for bycause the king wened that they would have gaynsaid their deeds for cause of the dethe , all thing that they had spoken afore . when the prysoners were come before the king , the king commanded some to bee hanged , and some to bee drawne , and some to drawe out their eyne out of their head . and among all other there was a clerke that had falsyde the kings moneye , and the king commanded that hee should be hanged and drawed . and when pandulph heard this commandement of the king , hee sterte him upright quickly , and anone * axed a booke and a candle , and would have cursyd the king , and all them that would set upon the clerke any hand ; and pandulph himselfe went for to seeke a crosse . and the king followed him and delivered him the clerke by the hond , that hee should doe with him what hee would ; and thus was the clerke delivered , and went thens . and pandulph and duraunt his fellow , wente from the king , and came agen to the pope of rome , and tould him , that king iohan would not amended bee , but ever abode soe accursyd . and neverthelesse the pope graunted that yeare throughout all england , that priests might sing masse in covenable churches , and consecrate our lords body , and give it to syck men which were likely to passe out of this world ; and alsoe that men might chrysten children over all the londe . and when the pope wift and saw that the king would not bee under the rule of holy chirche for no manner thing , the pope then sente to the king of fraunce in remission of his sinnes , that hee should take with him all the power that he might , and goe into englond for to destroy the king iohn . thus far this chronicle . can any christian or loyal subject , though the most passionate votary to the church of rome , read these proceedings without the highest detestation and abomination of them , as diametrically repugnant to the practise and precepts of christ , of st. peter , all the apostles , and to the principles of christian religion ? or at least not acknowledge with * parsons the jesuit , ( no friend to our kings or monarchy ) that many godly wise men at that time did wish , that pope innocent had not stood so hard with king john in such a point as this was , for contenting him with a person gratefull to him in that see : the dismal effects whereof both to the king and kingdom , lords and commons , bishops and clergy themselves , being most gastly , rufull , execrable to all godly sober minded christians , and moral heathens . but to return to matthew paris his relation of some of these proceedings . eodem anno ( . ) innocentius papa cum rex anglorum johannes , nunciis ejus sibi monita praedicantibus salubria , acquiescere contempsisset , multimodam ipsius contumaciam supra modum admirans , ( instead of ordering and reforming his own ) reges et alios omnes tam pauperes , quam potentes ad coronam angliae spectantes , a regis fidelitate et subjectione absolvit , districte et sub poena excommunicationis prohibens universis et singulis quatinus ipsum , in mensa , consilio , et colloquio arctius evitarent , ( which few or none submitted to . ) habuit autem rex hac interdicti tempestate consiliarios * iniquissimos , ( or fautores & consiliarios praecipuos in hoc errore & pertinatia , so matthew westminster ) quorum nomina pro parte hic ponere non omittam . willielmus quoque frater regis , & comes sarisburiensis , albericus de veer , comes oxoniensis , gaufridus filius petri , angliae justitiarius ; tres episcopi curiales , philippus dunelmensis , petrus wintoniensis , et iohannes norwicensis , richardus de marisco , regis cancellarius , hugo de nevilla , proto-forrestarius , willielmus de wortham , custos portuum maris , robertus de veteri ponte , & yvo frater ejus , brienus de insula , & gaufridus de luci , hugo de bailul , & bernardus frater ejus , willielmus de cantelu , & willielmus filius ejus , fulco de cantelu , & riginaldus de cornhelle , vicecomes kanciae , robertus de braibroc , & henricus filius ejus , philippus de vletotes , & johannes de bassingburne , philippus marci , castellanus de nottingham , petrus de maulei , & robertus de gaugi , gerardus de ati● , & ingelardus nepos ejus , falco & willielmus brivere , petrus filius hereberti , & thomas basset , & alii multi quos longum esset enumerare , qui regi in omnibus placere cupientes , consilium non pro ratione , sed pro voluntate ( or impetu voluntatis perniciosum , as matthew westminster ) dederunt . thus the defaming pencils of every monk did brand those faithfull counsellors and subjects then adhering to the king , against the usurping pope , trayterous bishops , and their brother monks of canterbury . when this antichristian absolution of the nobles and all other subjects from the kings allegiance would not shake his most magnanimous resolution , nor his peoples loyalty , the popes legates , and popish prelates forged new devises to effect their designs by fraud and terrour ; to which purpose they procured sundry letters from severall quarters to be brought to him , whiles he sate at dinner at nottingham , intending to invade and extirpate the welshmen with a formidable army , ( whom they had stirred up to rebell against him , and invade england ) to divert him from his design , all to this effect , that there was a secret plot laid to betray and destroy him : which he causing to be read to him after dinner , he adhuc spretis hiis comminationibus , marched to chester , where he met with new letters to the like effect , which caused him to dismisse his army and design against the welshmen . iterum venerunt ad eum nuncii & literae , quod videlicet rex , si bellum aggrederetur incaeptum , aut a suis magnatibus perimeretur , aut hostibus ad perdendum traderetur . rex autem cum talia audisset , perturbatus est valde , & animo consternatus , atque cum intellexisset magnates angliae , a suo esse fidelitate absolutos , majorem literis sibi destinatis fidem adhibuit . unde propositum utiliter commutans , jussit omnem exercitum ad propria remeare , veniensque ad urbem londoniarum , misit nuncios ad magnates universos , sibi de fidelitate suspectos , exigens obsides ab eis , ut probaret qui vellent & qui nollent , ejus obtemperare praeceptis . illi vero regiis jussoribus resistere non audentes , remiserunt filios , nepotes , & cognatos suos , ad libitum regis et sic indignatio ejus aliquantulum conquievit . veruntamen eustachius de vesci , & robertus filius walteri , de proditione memorata accusati & regi nimis suspecti , recesserunt ab anglia , eustachius videlicet in scotiam , & robertus ad gallias divertentes . besides , the prelates and priests suborned and set up one peter an hermit , a counterfeit prophet , to terrifie the king , and alienate the peoples hearts from him by his false prophecies , thus reported by mathew paris and others . sub hiis quoque diebus , erat in provincia eboracensi , heremita quidam petrus nomine , qui eo quod multis futura multa praedixerat , sapiens dicebatur . hic inter alia quae spiritu cunctis astantibus , & audire volentibus , illud praedicando publice asserebat , quod non foret rex in die dominicae ascensionis proximo sequentis nec deinceps , sed die illa coronam angliae , ad altum transferri praedixit . cujus assertio cum ad regis notitiam devenissit , & ipso jubente , ad ejus praesentiam adductus fuisset : quaesivit ab eo rex , si die illo esset moriturus , vel quo ordine a regni solio privaretur ? qui respondit : noveritis certissime , quod die predicta rex non eris . et si de mendacio convictus fuero , de me quod placuerit faciatis . cui rex , fiat , inquit , secundum verbum tuum . tunc rex tradidit illum willielmo de harecurt custodiendum , quem idem willielmus , custodibus & arctioribus vinculis constrictum , apud corruum incarcaverit , donec probaret quem exitum res haberet . quod verbum in brevi per remotas provincia ; ita disseminatum est , quod fere omnes , qui hoc audi●runt , dictis ejus adeo fidemadhibuerunt , ac si assertio illius de coelo sonuisset . * mr. fox , and some other historians observe , that this false counterfeit prophet , set up by the prelates and priests , called peter wakefield of poiz , was an idle gadder about , and a pratling merchant : this peter they made to prophecy lyes , rumouring his prophecyes abroad , to bring the king out of all credit with his people . they noised it daily amongst the commons of the realm , that christ had twice appeared to this prophet of theirs in shape of a child between the priests hands , once at york , another time at pomfret , and that he had breathed on him thrice , saying , peace , peace , peace , and teaching many things which hee anon after declared to the bishops , and bid the people amend their naughty living . being rapt also in spirit , they said , hee beheld the joyes of heaven , and sorrowes of hell. * for scant were there three ( saith the chronicle ) among a thousand that lived christianly . this counterfeit soothsayer prophecyed of king john , that he should raigne no longer then the ascention day , within the yeare of our lord . which was the th . from his coronation , and this ( hee said ) hee had by revelation . then was it of him demanded , whether hee should , be slaine or expelled , or should of himself give over the crown ? he answered , hee could not tell , but of this he was sure ( he said ) that neither hee , nor any of his stock or linage should raigne , that day once finished . the king hearing of this laughed much at it , and made but a scoffe thereof : tush ( saith hee ) it it is but an ideot knave , and such a one as lacketh his right wits ; but when this foolish prophet had so escaped the danger of the kings displeasure , and that he made no more of it , he got him abroad and prated thereof at large ( as hee was a very idle vagabond ) and used to tatle , and talk more then enough : so that they which loved the king caused him a non after to bee apprehended as a malefactor , and to bee thrown into prison , the king not knowing thereof . anon after , the fame of this phantasticall prophet went all the realme over , and his name was known every where ( as foolishnesse is much regarded of people where wisdome is not in place ) specially because hee was then imprisoned for the matter , the rumor was the larger ; their wonderings were the wantoner , their practicing the foolisher , their busie talks and other idle occupyings the greater , continually from thence ( as the rude manner of people is ) old gossips tales went abroad , new tales were invented , fables were added to fables , and lies grew upon lies : so that every day new slanders were raeised on the king , and not one of them true ; rumors arose , blasphemyes were spread , the enemyes rejoyced , and treasons by the preists were maintained , and what likewise was surmised , or other subtilty practised , all then was fathered upon this foolish prophet : as , thus saith peter wakefeild , thus hath he prophecyed , and this shall come to passe , yea many times when hee thought nothing lesse . when the ascension day was come which was prophecyed of before , king john commanded his regall tent to be spread abroad in the open field , passing that day with his noble councel , and men of honour , in the greatest solemnity that ever hee did afore , solacing himself with musicall instruments and songs , most in sight amongst his trusty friends . when that day was past in all prosperity and mirth , his enemies being confounded , turned all to an allegorical understanding , to make the prophecy good , and said he is no longer king , for the pope raigneth , and not hee , yet hee raigned still and his son after him to proove that prophet a lyer . then was the king by his councel perswaded that this false prophet had troubled all the realm , perverted the hearts of the people , and raised the commons against him . for his words went over the sea by the help of his prelates , and came to the french kings ear , and gave unto him a great encouragement to invade the land , he had not else done it so suddenly . but hee was most fouly deceived ▪ as all they are and shall bee , that put their trust in such dark drowsie dreams of hypocrites . the king therefore commanded that he should be drawn , and hanged like a traitor . when these false prophecies would not work the king to comply with their ends , the pope , at the bishops petition , having proceeded to the utmost extremity , judically to depose him , and to give his crown to his enemie the king of france , commanded him with force of armes to seise upon his kingdom , exciting all souldiers and warriers in divers nations to take up armes against him , under the self same indulgences as those that visited the holy land , and fought against the saracens in which treasonable proceedings his english bishops were imployed as principal actors , thus related by matthew paris . circa hos denique dies , maugerus bishop of worcester one of the rebellious bishops dying in exile at pontiniac ( ob libertatem ecclesiae anglicanae , & executionem justitiae write our malicious partial monks , ) stephanus archiepiscopus cantuariensis , willielmus londinensis , & elias eliensis episcopi romam profecti , innuerunt domino papae multimodas rebelliones , & enormitates quas fecerat ▪ rex anglorum johannes ( they should rather have remembred and repented of their own manifold treasons , and rebellions against their king ) a tempore interdicti usque in presentem diem manus s●vitiae et crudelitatis contra dominum sanctumque ecclesiam infatigabiliter aggravando . unde humiliter domino papae supplicabant ut anglicanae ecclesiae ●am quasi in extremis laboranti dignareturi pie miserationis intuitu subvenire . tunc papa gravi maerore propter desolationem regni angliae confectus , de consilio cardinalium , episcoporum , et aliorum virorum prudentium , sententialiter definivit , ut rex anglorum johannes a solio regni deponeretur , et alius papa procurante , succederet , qui dignior haberetur . ad hujus quoque sententiae executionem scripsit dominus papa potentissimo regi francorum phelippo , quatenus in remissionem omnium suorum peccaminum , hunc laborem assumeret , ut rege anglorum a solio regni expulso , ipse et successores sui regnum angliae jure perpetuo possiderent . scripsit insuper omnibus magnatibus , militibus , aliisque bellatoribus per diversas nationes constitutis , ut ad regis anglorum dejectionem sese cruce signarent , regemque francorum in hac expeditione ducem sequentes , vindicare injuriam universalis ecclesiae laborarent . statuit preterea ut quicunque ad expugnandum regem illum contumacem opus impenderint vel auxilium , sicut illi qui sepulchrum domini visitant , tam in rebus , quam in personis , et animarum suffragiis in pace ecclesiae securi permaneant . his ita gestis , misit dominus papa a latere suo pandulphum subdiaconum ad partes gallicanas , cum archiepiscopo & episcopis supradictis , ut in ipsius presentia , ea quae superius digesta sunt , exequatur . sed pandulphus a papa recedens , remotis omnibus secretissima allocutione sciscitatus est , ( of purpose to overreach and trepan both the kings of england and france , and work his own designs on both ) si forte in rege anglorum fructum poenitentiae inveniret it a quod vellet satisfacere domino , & ecclesiae romanae , atque aliis omnibus illud negotium spectantibus , quid sibi inde fieri placeret ? tunc papa pandulpho quandam pacis formam evidenter expressit , cui si rex assentire decreverit , apud sedem apostolicam poterit gratiam invenire . haec autem pacis forma inferius descripta continetur . per idem tempus rex capi fecit galfridum de norwic. clericum suum fidelem , prudentem , & elegantem , & in castro de nottingham paena excogitata usque mortem torqueri . quod videns magister williemus de neccoto socius dicti galfridi , vir non minoris valoris , fugit in franciam , & apud curbolium diu latitavit , ne sicut galfridus immerito necaretur . these clerks then secretly confederated with the bishops to depose the king ; who to secure himself against their confederates by special writs ( issued to all the sheriffs of england , remaining on record though not printed in our historians ) banished all those out of the realm , who had received any churches , or rents from the archbishops or bishops of england , or priour of canterbury then beyond the seas , who deprived of him his crown , and to seise their churches and rents to his use , and return them into his exchequer . rex vicecomiti middlesex , &c. praecipimus tibi , quod capias in manum nostram omnes ecclesias & redditus quos archiepiscopi vel episcopi angliae , vel prior cantuariae , qui ultra mare sunt , dederunt in balliva tua in absentia sua , & praecipias omnibus illis qui ea de dono eorum receperunt , quod sine dilatione exeant de terra nostra . et scire facias distincte in crastino sancti johannis baptistae , anno regni nostri decimo quarto , baronibus nostris de scaccario ubi fuerint redditus illi & qui illi sint qui eos receperunt . teste w. brigwer apud westmonasterium quinto die junii , per breve de privato sigillo . eodem modo scribitur omnibus vicecomitibus angliae . the next year , anno domini millesimo ducentisimo decimo tertio mense januario , redierunt a curia romana stephanus cantuariensis archiepiscopus , willielmus londonensis , & elyensis episcopi , & habito in partibus transmarinis concilio . , regi . francorum , & episcopis gallicanis cum clero pariter & populo , sententiam , quae in regem anglorum romae pro contumacia lata fuerat , solenniter promulgarunt . deinde exparte domini papae , tam regi francorum , quam caeteris universis in remissionem suorum peccaminum injunxerunt , ut omnes pariter ad angliam hostiliter accedentes , iohannem regem a regni solio deponerent , et alium qui dignus efset authoritate apostolica subrogarent . tunc rex francorum rem diu desideratam intelligens , accinxit se ad pugnam , atque omnes suae ditionis homines , duces videlicet , comites et barones , milites et servientes , cum equis et armis jussit in octavis paschae , sub nomine culvertagii apud rothomagum , ita potenter convenire , ne crimine laesae majestatis damnum exheredationis incurrere viderentur , vulgariter sub nomine felonis . fecit praeterea omnes naves suae potestatis , & alias multas quas colligere poterat frumento , vino , carne & diversis armamentis optime munire , ut in omnium copiam rerum tam numerosus excercitus abundaret . tunc temporis quoque rex vulpina calliditate ab omnibus religiosorum domibus ad excusandum excusationes in peccatis , chartas exegit , quibus testarentur se gratis contulisse , quaecunque ab eis violenter extorsit . upon those great preparations of the french against england . rex anglorum johannes , de omnibus quae in transmarinis partibus agebantur , per exploratores edoctus , cogitavit qualiter callide insidiis sibi paratis resistere potuisset . fecit itaque mense martio idem rex inbreviare omnes naves de universis portubus totius angliae per hoc breve , quod singulis portuum ballivis in haec verba direxit . johannes rex angliae , &c. precipimus tibi quatenus statim visis literis ist is , eas in propria persona , una cum ballivis portuum ad singulos portus de balliva tua , & facias diligenter inbreviare omnes naves ibi inventas , quae possunt ferre sex equos , vel plures , & praecipias exparte nostra magistris omnium navium illarum , & illis quorum naves sunt ; quod sicut se , & naves suas , & omnia sua diligunt habeant illas apud portesm : in media quadr agessima , bene adornatas bonis & probis marinellis & bene armatis , qui ituri sunt in servitium nostrum ad liberationes nostras ; & tunc habeas ibi memoriter & distincte inbreviatum quot naves in singulis portubus inveneris , & quorum ipsae sint , & quot equos quaelibet ferre possit . et tunc facias nobis scire quot & quae naves non fuerint in portubus suis die dominica proxima post cineres sicut preceperamus , & habeas hoc breve . teste meipso apud novum templum , tertia die martii . his ita gestis de navibus , misit rex alias literas ad omnes vicecomites regni sui sub hac forma . johannes rex angliae , &c. summone per bonos summonitores comites , barones , milites , & omnes liberos homines & servientes vel quicunque sint , & de quocunque teneant , qui arma habere debeant , vel arma habere possint ; & qui homagium nobis vel ligantiam fecerunt , quod sicut nos , & seipsos & omnia sua diligunt , sint apud doveram ad instans clausum pascha , bene parati cum equis & armis , & cum toto posse suo , ad defendendum caput nostrum , et capita sua , et terram angliae , et quod nullus remaneat , qui arma portare possit , sub nomine * culvertagii et perpetuae servitutis . et unusquisque sequaetur dominum suum , & qui terram non habent , & armahabere possint , illunc veniant ad capiendum soliditas nostras : et tu omnem attractum victualium , & omnia mercata ballivarum tuarum venire facias , ut sequantur excercitum nostrum , ita quod nullum mercatum de ballivis tuis alibi teneatur , & tu ipse tunc sis ibi cum praedictis summonitionibus . et scias quod scire volumus quomodo venerint de ballivis tuis , & qui venerint & qui non . et videas quod tu ita effortiate venias cum equis & armis , & haec ita exequaris ne inde ad corpus tuum nos capere debeamus . et tu inde habeas rotulum tuum ad nos certificandum qui remanserint . his ergo literis per angliam divulgatis convenerunt ad maritima in locis diversis & regi magis suspectis , videlicet apud doveram , ferversham , & gipeswicum , homines diversae conditionis & aetatis , nihil magis quam opprobrium culvertagii metuentes . sed cum post dies paucos tantae multitudini victus defuisset , remiserunt ad propria principes militiae ex inermi vulgo multitudinem copiosam , milites solummodo , servientes & liberos homines cum balistariis & sagitariis juxta maritima retinentes . venit praeterea de hibornia johannes episcopus norwicensis , cum militibus quingentis & equitibus multis ad regem , & ab ipso gratanter susceptus est . omnibus igitur congregatis ad pugnam , aestimati sunt in exercitu apud barham donam inter milites electos , & servientes strenuos & bene armatos , sexaginta millia virorum fortium , quibus si erga regem angliae et defensionem patriae cor fuisset et anima una , non fuisset princeps sub coelo , contra quem regnum angliae se non defenderet . constituit preterea rex cum adversariis , navale praelium conferre , ut eos pelago submergeret antequam terram occuparent . habebat namque classem uberiorem quam rex francorum , unde maximam securitatem concepit hostibus resistendi . what , king john in point of prudence , policy , valour , warre , justice , conscience , could have done more then he did to protect and defend the invaded rights of his crown , kingdom , people , church of england against the manifold unparalleld treasons , policies , stratagems , usurpations , affronts , unjust demands , interdict , excomunication , dijudication from his crown and kingdomes , and intended invasions of this insolent pope and his agents , his own perjured trayterous bishops , monks , clergy , and their domestick confederats ; his french and other forraign enemies , with admirable courage , gallantry , prudence , success , for . years space together , transcends my understanding to define ; the times and circumstances duly considered , for which he really deserved more honour , thanks from the crown , church , realm and people of england , then all of his predecessors , had he still persevered in his former unshaken magnanimous resolutions , and not been decoyed by pandulphus ; must strangly to fail in his last actings , his army and navy then raised , through gods assistance being able to have encountred all the forces raised against him , and dissipated them like a mist before the sun. book iii. chap. ii. of king johns most unworthy prostitution not only of the undoubted rights and privileges of his crown , but of himself , his diadem , kingdoms of england and ireland , after so many years glorious contests , to the tyrannical vsurpations of pope innocent , and his own trayterous bishops and clergy : of his resignation of his crown and kingdoms by two several charters , to the pope and his successors , and resuming of them as their feudatory under an annual rent : his oath of homage and fealty to the pope : the validity of these charters , rents , and their payment debated ; the present , subsequent oppositions against them : his oppositions to the encroachments of his treacherous , rebellious bishops and clergy , who dealt most treacherously with , and stirred up the barons wars , rebellions against him , when they had enforced him to resign his crown , and protested against his vnkingly actions , when accomplished by their own procurement and designs : with other memorable particulars and records relating to these transactions ; and this kings charters , proceedings in ecclesiastical elections , affairs , as supream patron therein , within his own dominions . having presented you with king johns most heroick , vigilant , strenuous defence of his supream ecclesiastical jurisdiction over all persons , causes , within his realms and dominions , for . years space ; i shall in the next place inform you , by what arts , menaces , fears , terrours he was at last ( by the intoxications of the pope , and his legate pandulphus , when he had raised such a puissant army as might have secured him against all foreign invaders , ( a ) a small part of his navy burning and sinking all the french kings fleet in flanders , soon after the surrender of his crown ) suddenly emasculated , and totally metamorphosed into a quite contrary person , resolution , and induced not only to part with most of the antient ecclesiastical prerogatives united to his crown , but with his very crown , kingdoms themselves , which he resigned to the pope , becoming his sworn vassal , tenant for his own kingdoms , under an annual rent , which rendred him a scorn , derision to his bishops , barons , subjects , and all other christian kings ; with the arguments and policies by which the pope and his legates effected these their unjust designs . you heard in the precedent chapter what a puissant army and navy king john had provided to resist the invasions of the french king and all his confederates , who conspired to deprive him of his crown , kingdoms ; and what secret agreements , articles , instructions the pope had given to pandulphus to communicate to k. john , whereby he might purchase his peace at rome , if condescended to by him , without any hesitation . i shall now proceed to inform you out of matthew paris , how pandulphus proceeded to accomplish the popes designs , and decoy king john to submit to his most unworthy proposals . dum autem rex anglorum cum innumera armatorum copia circa maritima , regis francorum prestolaretur adventum , applicuerunt duo fratres de militia templi apud doveram , & venientes amicabiliter ad regem dixerunt ei , missi sumus ad te , o rex potentissime , ex parte pandulphi subdiaconi ac domini papae familiaris , qui pro utilitate vestra , & regni vestri , vobiscum petit habere colloquium : proponet enim quandam tibi pacis formam , qua poteris deo & ecclesiae reconciliari : licet in curia romana ● jure regni angliae abjudicatus fueris , & sententialiter condemnatus . rex vero cum templariorum verba intellexisset , misit templarios memoratos propter pandulphum quantocius transfretare . venit ergo pandulphus , ( ut dictum est ) invitatus ad regem , & apud doveram , cum ipso loquutus est , dicens : ecce rex francorum potentissimus in ostio sequanae fluminis cum innumera navium multitudine & maximo , militum , equitum , peditumque stipatus agmine ad hoc expectat , ut majoribus adhuc vallatus catervis , super vos & regnum vestrum hostiliter veniat , & quasi domino & summo pontifici rebellem , a regno te violenter depellat , atque authoritate sedis apostolicae regnum angliae perpetuo jure possideat . veniunt & cum illo omnes episcopi dudum ab anglia proscripti , cum clericis & laicis exultantibus : ut ipso duce sedes episcopales , cum rebus aliis , te invito recipiant , & obsequium vobis olim & antecessoribus vestris exhibitum , ipsi de caetero reverenter impendant . jactat se praeterea idem rex chartas habere omnium fere angliae magnatum de fidelitate & subjectione , unde plenam concepit securitatem ad finem optimum rem perducere inchoatam . consule ergo saltem nunc quasi in extremis agenti , utilitati tuae , ut ad poenitentiam redeas , & dominum quem contra te ad vindictam provocasti gravissimam , placere ne differas , si enim sufficientem volueris praestare cautionem , judicio ecclesiae parendi , & humiliari pro ipso , qui se pro te humiliavit , poteris ex clementia sedis apostolicae regnum recuperare , a quo pro contumacia romae abjudicatus fuisti . nunc autem ne supergaud●ant de ●e inimici tui , revertere ad cor tuum , cavens ne te in talem difficultatem inducas , de qua te volens expedire non valeas . rex denique johannes his auditis ac medullitus intellectis , confusus est valde , & mente nimis perturbatus , videns undique sibi periculum imminere . erant enim quatuor causae principales quae ipsum ad poenitentiam simul ad satisfactionem compulerunt . prima ▪ quod jam per quinquenium excommunicatus permanserat . deumque & sanctam ecclesiam in tantum offenderat , quod de salute animae penitus desperabat . secunda , quod regis francorum adventum metuebat , qui circa maris littora cum innumera armatorum copia expectans , insidias suae dejectionis parabat . tertia , quod si forte cum hostibus supervenientibus belli certamen iniret , verebatur ne a magnatibus angliae , & propria gente , solus in campis relinqueretur , aut inimicis ad perdendum traderetur . quartam , vero causam aliis plus omnibus timebat : instabat enim dies dominicae ascentionis , in qua juxta prophetiam , p. heremitae , de quo superius relatum est , cum ipsa vita regnum , tam temporale quam aeternum amittere verebatur . his autem & consimilibus causis in desserationem dilapsus , persuasionibus pandulphi & quievit , & subscriptam pacis formam non sine dolore concessit . iuravit ergo rex , tactis sacrosanctis evangeliis in praesentia pandulphi , se judicio ecclesiae pariturum , & sexdecim cum eo comites & barones ex potentioribus regni in animam ipsius regis , quod si forte facti poeniteret eum pro possibilitate ad satisfactionem compellerent . hereupon this perplexed king , intoxicated by pandulphus , entertained the most dishonourable terms of peace that ever were formerly proposed to him . convenerunt apud doveram , decima tertia die maii , videlicet die lunae proxima ante ascensionem domini , rex & pandulphus , cum comitibus , baronibus , & turba multa nimis , ubi in subscriptam pacis formam unanimiter consenserunt . johannes dei gratia rex angliae , omnibus praesentes literas suspecturis , salutem . per has patentes literas , sigillo nostro munitas , volumus esse notum , quod nobis praesentibus , hi quatuor barones nostri , willielmus scilicet comes sarisberiae , frater noster , & reginaldus comes bononiae , willielmus comes warennae , & willielmus comes de ferrariis , juraverunt in animam nostram , quod nos subscriptam pacis formam , bona fide per omnia curabimus observare . in primis itaqu● solenniter absolute juravimus stare mandatis domini papae , coram ejus legato & nuncio , super omnibus pro quibus excommunicati sumus , ab ipso & veram pacem , & plenam securitatem praestabimus venerabilibus viris stephano cantuariensi archiepiscopo , w. londinensi ▪ e. elyensi , g. herefordensi , j. bathoniensi , & huberto lincolniensi episcopis . priori quoque & monachis cantuarjensibus , & roberto filio walteri , & eustachi● de vesci , necnon & caeteris clericis & laicis ad hoc negotium contingentibus , prastando simul coram eodem legato vel delegato publice juramentum , quod ipses cum suis nec laedemus , nec laedi faciemus , vel permittemus in personis vel rebus ; illisque dimittimus omnem indignationem , & in gratiam nostram eosdem recipiemus , ac tenebimus bona fide ; quodque praefatos archiepiscopum et episcopos non impediemus , nec saciemus nec permittemus aliquatenus impediri , quo minus ipsi libere suum exequantur officium et plena jurisdictionis suae authoritate , prout debent utantur . et super his tam domino papae , quam ipsi archiepiscopo , & singulis episcop s nostras patentes literas exhibebimus , facientes ab ep scopis , & comitibus , & baronibus nostris , quot & quos praefati archiepiscopus & episcopi postulant juramenta , & eorum patentes literas exhiberi , quod ipsi bona fide studebunt , ut haec pax & securitas firmiter observetur . et si forte , quod deus avertat , per nos ipsos , vel alios contra venerimus , ipsi pro ecclesia contra violatores securitatis & pacis , mandatis apostolicis inhaerebunt , nosque perpetuo vacantium ecclesiarum custodias amittamus . quod si forte nequiverimus ad hanc ultimam partem juramenti eos inducere , videlicer , quod si per nosmetipsos , vel alios contra venerimus , ipsi pro ecclesia contra violatores pacis & securitatis , mandatis apostolicis inhaerebunt . nos propter hoc domino papae ac ecclesiae romanae per nostras patentes literas , obligavimus omne jus patronatus , quod habemus in ecclesiis anglicanis . et sic omnes literas quae pro securitate praedictorum sunt exhibendae , praefatis archiepiscopo & episcopis ante suum ingressum in angliam transmittemus . si vero nobis placuerit , saepe fatus archiepiscopus & episcopi praestabunt , salvo honore dei & ecclesiae , juratoriam cautionem , & literatoriam , quod ipsi nec per se , nec per alium contra personam nostram vel coronam nostram aliquid attentabunt , nobis praedictam eis pacem & securitatem servantibus illibatam . de ablatis autem plenam restitutionem , & de damnis recompensationem sufficientem omnibus impendemus , tam clericis quam laicis ad hoc negotium pertingentibus , non solum rerum , sed omnium libertatum & restitutas conservabimus libertates . archiepiscopo quidem , & episcopo lincolniensi a tempore suae consecrationis , aliis autem a tempore discordiae inchoatae . nec obstabit aliqua pactio , vel promissio , seu concessio quo minus & damna recompensentur & restituantur ablatatam vivorum , quam & defunctorum . nec aliquid retinebimus pretextu servitii , quod nobis debuerat impendi , sed postea nobis debita pro servitio recompensatio tribuetur . statimque omnes quos detinemus clericos , faciemus absolutos dimitti , ac restitui propriae libertati , cum laicis qui hujus occasione negotii detinentur . incontinenti quoque post adventum illius qui nos debet absolvere , faciemus de parte restitutionis ablatorum octo millia librarum legalium esterlingorum pro solvendis debitis , & faciendis expensis nunciis praedictorum archiepiscoporum , & episcoporum , & monachorum cantuariensium assignari , sine impedimento quolibet per potestatem nostram , ad eos libere deferendorum ut expediti veniant in angliam honorifice revocati , videlicet stephano cantuariensi archiepiscopo , duo millia & quingentas libras . w. londinensi septingentas & quinquaginta libras . j. bathoniensi septingentas & quinquaginta libras . h. lincolniensi septingentas & quinquaginta libras . priori & monachis cantuariensibus mille libras , & protinus postquam pacem illam duxerimus acceptandam , assignari faciemus absque mora archiepiscopo & episcopis clericis ac ecclesiis universis , in manibus nunciorum , vel procuratorum ipsorum , mobilia omnia cum administratione libera eorundem , & in pace dimitti . interdictum vero utlagatio vulgariter nuncupatum , quod proponi fecimus contra ecclesiasticas personas , publice revocabimus , protestando per nostras patentes literas archiepiscopo tribuendas , id ad nos nullatenus pertinere , quod illud de caetero contra ecclesiasticas personas nullatenus faciemus proponi : revocantes praeterea utlagationem laicorum ad hoc negotium pertinentium , & remittentes omnia quae post interdictum recepimus ab hominibus ecclesiasticis praeter regni consuetudinem & ecclesiae libertatem . sivero super damnis vel ablatis aut eorum quantitate vel aestimatione , quaestio fuerit de facto suborta , per legatum vel delegatum , domini papae , receptis probationibus terminetur . et his omnibus rite peractis , relaxabitur sententia interdicti , ( not before . ) super caeteris autem capitulis , si quae fuerint dubitationes subortae , de quibus merito debeat dubitari , nisi per legatum vel delegatum domini papae , de partium fuerint voluntate sopitae , ad ipsius referantur arbitrium , ut super his quae ipse decreverit observentur . teste meipso apud dover . decima tertia die maii. anno regni nostri decimo quarto . rebus ut jam dictum est , expeditis , convenerunt iterum rex anglorum , & pandulphus , cum proceribus regni , apud domum militum templi , juxta doveram , decimo quinto die maii , in vigilia scilicet dominicae ascensionis , ubi idem rex , iuxta quod romae fuerat sententiatum resignavit coronam suam , cum regnis angliae et hiberniae , in manus domini papae , cuius tunc vices gerebat pandulphus memoratus . the school-master of ( a ) st. albans , william caxton , ( b ) speed , and other of our chronologers , relate the forme and manner of the resignation of his crown to be thus . thenne put the king him to the court of rome , and thenne gaat hee up the reame of englond and of irelond for him and for his heyres for evermore that should come after him , soo that king john and his heyres should take the two reames of the popes hands , and should every yeare pay ferme unto the court of rome a thousand marke of silver . and tho took the king the crowne off his head , and set it upon pandulphus his knees , ( at whose feet he also laid his scepter , robe , sword , and ring , his royal ensignes , as ( c ) john de serres relates ) and these words said hee in hearing of all the great lords of englond . here i resigne up the crowne and the realme of englond , into the pope innocentius his honds the third , and put mee hooly in his mercy , and in his ordinance . tho received pandulph the crowne of king john , and kept it five dayes as fore seasing , takyng off two reames of englond , and of irelond ; and confermed all manner of thing by his chartre that followeth after . , there recited in english , in mr. fox his acts and monuments ; but i shall present you with it as recorded by matthew paris , ( if there were two successive charters made , as he and others relate . ) facta autem resignatione dedit papae & ejus successoribus regna praedicta , quae & charta subscripta confirmavit . johannes dei gratia rex angliae , &c. omnibus christi fidelibus hanc chartam inspecturis , salutem in domino . universitati vestrae per hanc chartam sigillo nostro munitam , volumus esse notum , quob cum deum et matrem nostram , sanctam ecclesiam offenderimus in multis , et proinde divina misericordia plurimum indigeamus , nec quid digne offerre possimus pro satisfactione deo et ecclesiae debita facienda , nisi nosmetipsos humiliemus et regna nostra , volentes nosipsos humiliare pro illo qui se pro nobis humiliavit usque ad mortem , gratia sancti spiritus inspirante , * non vi interdicti , nec timore coacti , sed uostra bona spontaneaque voluntate , ac communi consilio baronum nostrorum conferimus , er libere concedimus deo et sanctis apostolicis ejus petro et paulo , et sancto romanae ecclesiae matri nostrae , ac domino papae innocentio ejusque catholicis successoribus , totum regnum angliae , et totum regnum hiberniae , cum omni jure et pertinentiis suis , pro remissione omnium peccatorum nostrorum , et totius generis nostri , tam pro vivis quam pro defunctis , et a modo illa ab ea et ecclesia romana tanquam secundarius recipientes et tenentes in praesentia prudentis viri pandulphi , domini papae subdiaconi et familiaris : erinde praedicto domino papae innocentio ejusque catholicis successoribus , et ecclesiae secundum subscriptam formam fecimus et inravimus , et homagium legium in praesentia pandulphi , si coram domino papa esse poterimus eidem faciemus ; successores nostros et haeredes , de uxore nostra , in perpetuum obligantes , ut simili modo , summo pontifici qui pro tempore fuerit , et ecclesiae romanae sine contradictione debeant fidelitatem praestare , et homagium recognoscere . ad judicium autem hujus nostrae perpetuae petuae obligationis et concessionis , volumus et stabilimus , ut de propriis et specialibus redditibus nostris praedictorum regnorum pro omni ser vitio et consuetudine quae pro ipsis facere debemus , ( salvis per omnia denariis beati petri ) ecclesia romana mille marcas esterlingorum percipiat annuatim , in festo scilicet sancti michaelis quingentas marcas , et in pascha quingentas , septingentas scilicet pro regno angliae , et trecentas pro regno hyberniae , salvis nobis et haeredibus nostris justitiis , libertatibus et regalibus nostris . quae omnia sicut supra scripta sunt rata esse volentes atque firma obligamus nos et successores nostros contra non venire , et si nos vel aliquis successorum nostrorum contra haec attentare praesumpserit , quicunque ille fuerit , nisi rite commonitus resipuerit , cadat a jure regni : et haec charta obligationis et concessionis nostrae , semper firma permaneat . teste meipso apud domum militum templi jurta doveram , * coram h. dublinensi archiepiscopo , iohanni nor wicensi episcopo , galfrido filio petri , w. comite saresberiae , w. comite pembroc , r. comite bononiae , w. comite warrennae , s. comite wintou , w. comite arundel , w. comite de ferrariis , w. briwere , petro filio hereberti , warino filio geroldi , decimo quinto die maii , anno regni nostri decimo quarto . this charter would not suffice the usurping pope and his legate , but king john must likewise swear homage to the pope and his successors , and become their most absolute vassal in this new form . carta itaque regis in scriptum , ut dictum est redacta , tradidit eam rex pandulpho romam papae innocentio deferendam , & continuo cunctis videntibus homagium fecit subscriptum . ego iohannes dei gratia rex angliae , et dominus hyberniae , ab hac hora et in antea fidelis ero deo et beato petro , et ecclesiae romanae , et domino meo papae domino innocentio ejusque successoribus catholice intrantibus . non ero in facto , in dicto , consensu vel consilio ut vitam perdant vel membra , vel mala captione capiantux . eorum damnum si scivero impediam , et remanere faciam si potero , alioquin eis quam citius potero intimabo , vel tali personae dicam , quam eis credam pro certo dicturam . consilium quod mihi crediderint , per se vel per nuncios suos , seu literas suas secretum tenebo , et ad eorum damnum nulli pandam me sciente . * patrimonium beati petri et specialiter regnum angliae , et regnum hyberniae , adjutor ero ad tenendum et defendendum contra omnes homines pro posse meo . sic me adjuvet deus , et haec sancta evangelia , amen . acta autem sunt haec , ut praedictum est , in vigilia dominicae ascensionis praesentibus episcopis , comitibus , & magratibus supradictis . pandulphus autem ( with most antichristian pride , and intolerable insolency ) pecuniam , quam in arram subjectionis rex contulerat , sub pede suo conculcavit , archiepiscopo dolente et reclamante . having thus presented you with a full and faithfull history of king johns resignation of his crown and kingdoms of england and ireland , to pope innocent and his successors , the successive interdicts , excommunications , abjudications from the crown , treasons of his prelates , subjects , forces of his invading foreign enemies , unchristian frauds , unrighteous policies by which it was effected , and this gallant kings enforcements to it , against all his former heroick oppositions , resolutions : i shall desire the greatest votaries to the see of rome , to resolve these quaeres . . whether pope innocent ( who in all his former epistles , proceedings against king john , pretended that he sought nothing else or more but king johns repentance , and reception of stephen langhton archbishop of canterbury , and greived at nothing so much as englands desolation ) did yet by all the premised circumventions , frauds , practises , display to all the world , that the principal thing he sought after , was the very crown , kingdoms of england and ireland , to united them to the see of rome , as st. peters pretended patrimony , though with the kings and kingdoms great greif and desolation ? . whether this resignation gained , extorted from king john by so many years successive unchristian detestable perjuries , treasons , interdicts , excommunications , abjudication from the crown , hypocrisies , frauds , menaces , lyes , false suggestions by pope innocent himself , ( who was sole judge of king john in his own case ) and his confederates , and such unjust invasions of the rights of his crown , can in point of justice , law , reason , conscience be reputed a good , valid , legalor equitable title for him and his successors to claime the realms of england and ireland , as part of st. peters patrimony , or the rents reserved annually out of them , as a just papal revenue , admitting king john had a legal power to resign his kingdomes without the joynt consent of all his nobility , subjects , kingdoms , which he had not , as they oft protested both in and out of parliament ? . whether all or many of these abominable , insolent , injurious , machivilian if not atheisticall practises , proceedings against king john , diametrically repugnant to all rules of christianity , piety , justice , moral honesty , and expresse precepts of christ himself , st. peter and paul * forecited , proclaim not this pope innocent one of the grandest nocents , hypocrites , antimonarchs , impostors , usurpers , athiests , monster of impiety , arrogancy , covetousness , ambition , that ever sat in st. peters pretended chair ; and king john the only innocent and patern of patience , justice , clemency , and unparalleld humility , farre below his royal dignity , and the place , person , and publick trust he then sustained , notwithstanding our monkish historians defamations of him ? . whether the serious consideration of these proceedings of innocent , seconded with those succeeding them , were not of themselves a sufficient ground for the king and kingdoms of england and ireland , without any guilt of scisme or injustice , for ever to exterminate the usurped antimonarchical usurpations , and forraign jurisdiction of the bishops and see of rome , and to hold no future communion with them , to prevent the like attempts ? especially when so magnified , justified by our monkish historians in that age , by late popish parasites of all sorts , and most succeding popes , who still make fresh successive claimes to the crown , kingdoms of england and ireland , and the annual rent then reserved out of them as st. peters undoubted patrimony . but more of this in due place . pope innocent and pandulphus having thus cheated , decoyed king john of his crown , kingdoms , yea all his regal honour , glory , wisdom , magnanimity and renown acquired by his former oppositions against them ; and the king of france ( their mear stalking horse to gain this rich booty , to his vast and frutlesse expence ) of his elevated hopes to possesse and enjoy it by the popes donation , his next designe was , how to take off and pacify the french king from his intended invasions ; and so sent the archbishop and his confederates into england , there to insult over and trample upon king john , as they had done abrode ; wherein he thus proceeded . his ita gestis , pandulphus cum cartis memoratis transfretravit ad gallias , octo millia librarum esterlingorum secum gerens ut archiepiscopo & episcopis , monachisque cantuariensibus , ac caeteris causa interdicti exulantibus in parte restitutionis faceret ablatorum . cum autem tenor cartarum , & prefatae pacis forma , illis omnibus placuisset , persuasit diligenter pandulfus , ut pacifice redirent in angliam episcopi supradicti , residuum restitutionis illico percepturi : deinde regem francorum diligenter admonere caepit , qui jam paratus fuerat in manu violenta ad angliam hostiliter transfretare , ut desisteret a proposito , & ad propria pacifice remearet , non enim potuit sine offensione summi pontificis terram angliae , vel ipsum regem infestare , cum ille paratus sit deo , & sanctae ecclesiae ejusque ordinatis satisface re , atque domini papae catholicis jussionibus obedire . haec audiens rex francorum , iratus valde dixit , se jam in apparatu navium , victualium & armorum plusquam seraginta millia librarum expendisse & ex praecepto domini papae laborem pretatum & in peccatorum remissionem suscepisse . et ut verum fateamur , idem rex suggestionibus pandulphi ascensum nullatenus praebuisset , nisi solus comes flandrensis philippus ipsum sequi contradixisset . fuerat enim regi anglorum confaederatus , & ideo contra pactum suum venire noluit . dixit praeterea idem comes injustum fuisse idem bellum , quod ad debellandum regem anglorum susceperat , cum nullus antecessorum suorum jus aliquod sibi hactenus in regno angliae vendicasset . adjunxit insuper quod rex francorum terras suas & castella injuste occupaverat & occuputam hereditatem suam contra justitiam detinebat , quare cum ipso ad angliam venire nolebat . lo here a cleer confession of the earl of flanders , of the injustice of king johns deprivation , and king of france his intended warre to deprive him of his kingdom by the popes command : who being diverted by pandulph from invading england , turned all his forces and fleet upon flanders ; and by a divine retaliation had all his navy burnt and taken by a smal party of king iohns ships , summoned to resist king philips landing in england , to his great greif , vexation , and damage , the english burning above a . of his ships on shore , and taking above . more , laden with wine , victuals , armes , and other things . the many insolences of the popes legat , and exiled bishops treasons , rebellions against king iohn , encouraged his nobles in like manner to disobey , and capitulate with him , and that upon this occasion . rex apud portesmue exercitum congregavit immensum , ut ad pictaviam transfretaret , disponens a parte occidentali , sicut illi qui erant in flandria a parte orientali , regem & regnum francorum inquietare , necnon cum omni nisu terras amissas , ad suum dominium revocare . sed aliter accidit quam sperabat , magnates enim angliae ipsum sequi noluerunt nisi prius a sententia excommunicationis absolveretur . hac ergo districtione , rex compulsus , misit chartas * viginti ●quator comitum & baronum ad archiepiscopum & episcopos praescriptos , ad maiorem securitatem , ut omni metu deposito , venirent in angliam , omnia sua et ablatorum damna , secundum praescriptae pacis formam , illico percepturi . these charters , and patents of theirs and the king , being extant in no historian , i shall present you with them out the patent roll in the tower. venerabili in christo patri s. dei gratia cantuariensi archiepiscopo totius angliae primati , & sanctae romanae ecclesiae cardinali , g●filius petri comes essex , r. comes bolon . & comes cestriae w. marescal comes penbroc . w. comes warren . w. comes arundel , w. comes de ferrari . willielmus briwer , robertus de ros , gilbertus filius in reinulf . rogerus de mortuo mari , & petrus filius hereberti , salutem & debitam reverientiam . sciatis quod bona fide studebimus , quod dominus noster i. rex angliae pacem et securitatem vobis et aliis tam clericis quam laicis negotium quod inter anglicanam ecclesiam et ipsum regem versatum est contingentibus , firmiteer observabit , secundum formam pacis a domino papa ei transmissam et ab eo acceptatam . et si forte ( quod deus avertat ) rex ipse , vel aliquis alius ex parte sua contravenerit , nos pro ecclesia contra violatores securitatis et pacis , mandatis apostolicis inhaerebimus , et ipse perpetuo vacantium ecclesiarum custodiam amittat . preterea promitimus , quod si quid omissum est , vel minus plene factum , circa hoc negotium in hoc scripto propter accelerationem adventus vestri in angliam , id post adventum vestrum secundum formam praedictam perficietur . et in hujus rei testimonium , &c. salutem in domino . haec autem omnia supra dicta nos firmiter observaturos , noveritis nos de mandatis domini regis , tactis sacro-sanctis spontanea voluntate corporali sacramento firmasse . eodem modo scribitur singulis episcopis cum archiepiscopo existentibus , scilicet londonensi , herefordensi , eliensi , bathoniensi , & lincolniensi , & priori & monachis cantuariensibus . the kings own patent reciting this of the earls and barons , follows in this form . rex dei gratia cantuariensi archiepiscopo totius angliae primati , & sanctae romanae ecclesiae cardinali , salutem : sciatis quod secundum formam mandati domini et uenerabilis patris nostri i. dei gratia summi pontificis , veram pacem ac plenam securitatem vobis praestamus , nec non caeteris tam clericis quam laicis hoc negotium quod inter nos et ecclesiam anglicanam versatum est contingentibus , nec vos nec vestros laedemus vel laedi faciemus , aut permittemus in personis vel rebus , vobisque remittimus omnem iudignationem , et in gratiam nostram vos recipimus , et tenebimus bona fide et quod vos non inpediemus , nec faciemus aut permittemus aliquatinus impediri quo minus vestrum libere exequamini officium , et plena jurisdictionis vestrae authoritate prout debetis utamini , et super hiis vobis juramenta & litteras patentes fidelium nostrorum venerabilium patrum , domini . h. dublin . archiepiscopi , p. wint. j. norwic. episcoporum , & praeterea duodecim baronum nostrorum , scilicet , g. filii petri comitis essex , justiciarii nostri , r. comitis bolon , r comitis cicest . w. comitis marescall , comitis pembroc . w. comitis waren . w. comitis arundell , w. comitis de ferrariis , willielmi briwer , roberti de ros , gileberti filii ranulf . rogeri de mortuo mari , & petri filii hereberti ▪ fecimus exhiberi , quod ipsi bona fide , studebunt ut haecpax et securitas firmiter observetur . et si forte quod deus avertat , per nos ipsos vel alios contra venirmus , ipsi pro ecclesiae contra violatores securitatis et pacis mandatis apostolicis inhaerebunt , nosque , perpetuum ecclesiarum vacantiam custodiam amittamus : ( thrust in by the pope and pandulph , on purpose that the pope by his provisions might dispose of them , as he had done of the see of canterbury , wrested out of the kings hands ) et ideo vos rogamus , quod ad nos secure sine dilatione in angliam venire festinetis ; si quid vero in hoc scripto omissum fuerit vel mi●us plene factum , cum in angliam veneritis , id secundum formam mandati apostolici perficietu● : et in hujus rei testimonium , &c. test . h. dublinensi archiepiscopo , p. wintonensi episcopo . g. filio petri , w. marascal , comite penbroc . apud templum de ewell xxiv . die maii , anno regni n. xv . eodem modo scribitur singulis episcopis ultra mare existentibus cum archiepiscopo , scilicet londonensi , herefordensi , eliensi , bathoniensi , lincolniensi , episcopis , & priori & monachis cantuariensibus , teste eodem . at the same time this king sent his letters pattens to robert fitzwater and other lay-men to teturn into england , whence they fled upon the bishops quarrel . rex roberto filio walteri , mandamus vobis quod secure veneatis in angliam secundum formam mandati apostolici , quia pacem & securitatem , secundum formam mandati apostolici vobis praestamus . et in hujus rei testimonium has literasnostras patentes vobis mittimus teste domino , p. wintoniensi episcopo apud wingham , decimo septimo die maii anno regni nostri decimo quinto . eodem modo scribitur eustacio de vescy . they likewise in pursuit of the popes agreement enforced him by letters patents to the archbishop , publickly to disclaime his ancient undoubted right to outlaw any clergy men , though never so great traytors rebels , dated . days before the former patents . rex venerabili patri in christo s. dei gratia cantuariensi archiepiscopo , &c i. eadem gratia rex angliae , &c. sciatis quod per has literas nostras patentes protestamur , quod ad nos nullatenus pertinet clericos utlagare . teste meipso apud templum de ewell , xv . die maii. anno &c. decimo quinto . never was any king of england before or since so fettered , and reduced to such extremities and unkingly condiscentions , to trayterous , rebellious prelates , and their confederates , who had interdicted his kingdom for seven years space , excommunicated , deprived him of his crown , engaged the french , all his foreign enemies , and most christian nobles , souldiers , in a publick crossodo against him , as if he had been a saracen , thereby enforcing him to resign his crown , kingdoms to the pope , to swear homage to him as his vassal , and to hold his kingdoms from him under an annual rent ; and then by his writs , letters patents , his nobles letters , oaths , thus submissively to write unto , send for them again and again to hasten their return , engage to perform all agreements made on their behalf , to their full content , under such forfeitures as these , and to receive them with all honour , before their least submission , precedent humble addresses to him , or interdict released ; all which sufficiently discovers their pride , obstinacy , disloyalty , and his unparallel'd humility . upon receipt of these letters , the archbishop and bishops not making such haste into england as the king expected , he thereupon sent this second letter to them to hasten their return , and appointed bishops , earls , barons , to receive them at their landing , and to conduct them to him with all safety and honour , instead of guarding them to a deserved execution . venerabilibus in christo patribus s. dei gratia cantuariensi archiepiscopo totius angliae primati , & sanctae ecclesiae romanae cardinali , & omnibus suffraganeis suis episcopis cum eo existentibus . j. eadem gratia rex angliae , &c. mandamus vobis quod bene veneritis in angliam , scientes quod jamdiu vos expectavimus , et adventum vestrum desideravimus , unde in occursum vestrum mittimus fideles nostros dominum h. dublinensem archiepiscopum , j. norwicensem episcopum , w. comitem arundell , matthaeum filium herberti , w. archidiaconum huntingtoniae , rogantes quatenus ad nos venire festinetis , sicut praedicti fideles nostri vobis dicent . teste meipso apud stokes episcopi , primo die julii . and to take away all pretexts for their delay , he sends them this second patent , disclaiming his intended utlacy of treason against them and their confederates , and undoubted regal power to out-law any clerks for treachery and rebellion , when as neither they nor the pope ever renounced their usurped power to interdict , excommunicate , dethrone , and give away his realms to his mortal foreign enemies . rex omnibus , &c. sciatis quod interdictum quod vulgariter utlagatio nuncupatur , quod proponi fecimus contra personas ecclesiasticas , publice revocavimus et revocamus , protestantes per has literas nostras patentes , id ad nos de personis ecclesiasticis minime pertinere , nec illud de cetero contra personas ecclesiasticas , faciemus u●●a●enus promulgari . teste meipso apud bellum , decimo tertio die junii . anno decimo quinto . the . of august following these bishops landed at dover , and were conducted in state to the king at winchester ; the manner of the kings extraordinary humiliation to , reception of , and begging pardon from them , prostrating himself to the ground at their seet , and their insolent proud carriage towards their offended soveraign , though with some crocadiles tears , is thus related by matthew paris . pandulp●o itaque mediante , necessariis omnibus ad repatriandum paratis ▪ ascenderunt naves s. cantuariensis archiepiscopus , w. londinensis , e. eliensis , h. lincolniensis , e. herefordensis episcopi , cum caeteris clericis & laicis , causa interdicti exulantibus , & apud doveram , decimo septimo calendas augusti applicantes , in die beatae margaratae virginis , wintoniam ad regem venerunt . rex autem cum eorum adventum cognovisset , venit obviam illis , et viso archiepiscopo et episcopis , * cecidit pronus in terram , ad pedes eorum lacrymis profusis , ( they should rather have fallen down at the kings feet , and craved pardon for their treasons and practises against him with tears ) obsecrans ut de se ac regno angliae misericordiam haberent . videntes ergo archiepiscopus & epsicop . tantam regis humilitatem , cum lachymis illum de terra levaverunt , ducentes a dextris & a sinistris , ad ostium ecclesiae cathedralis , ubi cum psalmo qui quagesimo . videntibus magnatibus cunctis , & ubertim prae gaudio flentibus , sicut mos est ecclesiae , illum absolverunt . et haec absolutio facta fuit in capitulo wintoniensi . ( but pray mark upon what reasonable and dutifull termes it was made for their own and the popes advantage , and his dishonour and prejudice . ) in hac autem absolutione juravit rex , tactis sacrosanctis evangeliis , quod sanctam ecclesiam ejusque ordinatos diligeret , defenderet et manu-teneret , contra omnes adversarios suos pro posse suo , quodque bonas leges antecessorum suorum , & praecipue leges edwardi regis revocaret , & iniquas destrueret , & omnes homines suos secundum justa curiae suae judicia judicaret , quodque singulis redderet jura sua . iuravit etiam quod omnibus ad interdicti negotium pertingentibus infra proximum pascha plenariam restitutionem faceret ablatorum , sin autem , * in pristinam excommunicationis sententiam revocaretur . iuravit praeterea innocentio papae ejusque catholicis successoribus , fidelitatem et obedientiam , sicut superius in scripto redactum continetur . deinde archiepiscopus ducens illum in ecclesiam , missam celebravit . et missa peracta ad mensam , cum rege residentes , archiepiscopus cum episcopis , & magnatibus universis , epulabantur in laetitia & jocunditate . ( the very next day after their coming to winchester the king issued out writs to all sheriffs of england , to enquire of their damages . ) in crastino autem misit rex literas ad omnes vicecomites regni angliae praecipiens ut de singulis dominicorum suorum villis quatuor legales homines cum praeposito apud sanctum albanum , primo die nonas augusti facerent convenire : ut per illos & alios ministros suos de damnis singulorum episcoporum & ablatis certitudinem inquireret , & quid singulis deberetur . the forme of these writs to sheriffs being omitted by all our historians , i shall here insert . rex vicecomiti sumerset & dorset , &c. praecipimus tibi quod sine dilatione ex parte nostra praecipias roberto de berkhel , rogero de penton , & osberto filio willielmi , quod omni occasione postposita , veniant ad diem , & locum , quos dominus episcopus bathoniensis tibi scire fecerit , ad audiendam inquisitionem de ablatis et dampnis episcoporum et clericorum , et omnium virorum ecclesiasticorum et aliorum negociorum ecclesiae contingentium faciendam coram clericis domini cantuariensis archiepiscopi quos ad hoc per literas suas patentes assignaverit . et summone ex parte nostra omnes illos de balliva tua , qui custodiam vel aliquam ballivam habuerunt de rebus ecclesiasticis a tempore motae discordiae inter nos & clerum angliae ; quod tunc coram praedictis clericis domini archiepiscopi compareant ad praedictam inquisitionem audiendam . teste meipso apud northampton . xxxi . die augusti . in archiepiscopatu cantuar. galfridus filius petri , comes essex . simon de pateshull . in episcopatu winton . willus briwer . rogerus de scures . walterus de aundely . in episcopatu exon. richardus flandrensis . eudo de bello campo . robertus de albamara . in episcopatu eliens . comes roger le bigod . robertus pikot . robertus de burnvil . in episcopatu wygorn . petrus filius herberti . willus de arden . in episcopatu bathon . robertus de berkelie . osbertus filius willi. rogerus le penton . in episcopatu cestr . thomas de estlegg . willus de warr. in episcopatu norwicen . galfridus de aumbly . willus filius rocellini . philippus de burnham . in episcopatu landaff . richardus fladr . de glamorgan . walterus de suly . in archiepiscopatu eborac . jordanus foliot . johannes de birkin . in prioratu cantuariens . matheus filius herberti . willus de cernton . willus de risseteford . in episcopatu cicestriens . simon de rockingham . robertus de sauvag . robertus de pet. pont. in episcopatu londoniens . comes w. marescall . jacobus de poterna . in episcopatu lincolniens . radulphus de normanvill . thomas de muleton . alexand. de pointon . in episcopatu herefordens . robertus de mortuo mari. walterus de clifford . rogerus huscarl . in episcopatu sarr . godefridus de sancto martino . petrus de scudamore . henricus filius ancheri . in episcopatu menevens . thomas de lauda . willus de barry . in episcopatu roffens . galfridus de sunderness . richardus de valle bedonis . in episcopatu dunholmens . rogerus de andree . walterus de monasteriis . there were other writs sent to the kings judges to proceed in the said inquisition . rex , g. filio petri com. essex , & simoni de pateshall , &c. mandamus vobis quod procedatis in inquisitione facienda de ablatis et dampnis per archiepiscopatum cantuariensem , sicut provisum est ad terminum ad hoc constitutum , et distincte inbreviari faciatis ex parte nostra , et archiepiscopus ex parte sua , quid singuli solverint balivis nostris , et quid ab eis exigitur , et quantum et quare , quia quod balivi nostri recognoverint se recepisse de hiis quae ad hoc negotium pertinent , id reddi faciemus . et si de aliquo orta fuerit contentio unde fieri debeat probatio , probationem inde audire volumus coram nobis in praesentia domini archiepiscopi ad terminum quem nos et ipse providebimus , quia contentionem illam coram nobis terminari volumus , qui solutionem facturi sumus : praeterea provideatis vobis de articulis exactionum et receptionum . audivimus enim quod quaedam exactiones sicut de serviciis nobis factis in exercitibus walliae et hyberniae , et de quibusdam aliis quae ad hoc negotium nequaquam pertinent . after which he issued out other writs to all the commissioners and inquisitors of those damages in this forme . rex , galfrido de aumbly , willielmo filio roscelini , & philippo de burnham , &c. mandamus vobis quod conveniatis ad diem et locum quos offic. domini norwicensis episcopi vobis scire faciet , coram clericis domini cantuariensis archiepiscopi quos per literas suas assignavit , ad inquisitionem faciendam de omnibus ablatis et dampnis illatis ecclesiae et clero , et laicis , hanc causam contingentibus de praedicto episcopatu , et vos sitis cum illis ad inquisitionem illam faciendam quia volumus quod plenarie fiat , nec remaneat propter aliquas literas quas inde super hoc miserimus . et scire faciatis omnibus illis qui ballivas habuerint in praedicto episcopatu de rebus ecclesiasticis vel aliis hanc causam contingentibus , quod veniant ad praedictos diem et locum inquisitionem illam audituri . et si non venerint , nihilominus inquisitio illa procedat . et si quod dampnum evenerit per defectum ipsorum non nobis sed illis eveniet . teste meipso apud novum templum london , sexto die octobris . eodem modo scribitur omnibus inquisitoribus supradictis . after this generall complyance with them , the king conceiving he had given them full content , and setled all things in peace , resolved to passe with an army into picardy ▪ whither the nobles refused to follow him , animated by the example and secret perswasions of the bishops , to divert him from invading france , where they had been succoured ; which matthew paris relates in these words . inde vero apud portesmue , rex cum festinatione veniens ut transfretaret in pictaviam , galfrido filio petri , & episcopo winton . regnum angliae commisit , praecipiens ut cum consilio cantuariensis archiepiscopi ( though his most implacable enemy ) omnia regni negotia ordinarent . quo facto venerunt ibidem , ad regem numerosa militum multitudo ( by the archbishop and his confederates instigation ) conquerentes , quod in diutina , quam ibi fecerant expectatione , omnem pecuniam suam consumpserant , unde ipsum sequi nequiverant , nisi de fisco illis necessaria ministrarentur . quod cum rex facere recusasset , iratus cum privata familia naves ascendit & post triduum apud gersea insulam applicuit , magnatibus suis domum reversis , ubi cum rex sese derelictum cernebat , necessitate compulsus ad angliam remeavit . whiles these things were acting , the archbishop , bishops , nobles meeting at st. albans , about the damages to be restored by the king to the bishops during their exile , by the archbishops and bishops instigation , to depresse the king all they could , fell to demand the confirmation of their liberties , granted by his grandfather king henry the . which the king condescended to . dum haec agerentur , interfuerint consilio apud sanctum albanum , galfridus filius petri , & episcopus wintoniae , cum archiepiscopo , & episcopis , & magnatibus regni : ubi cunctis pace regis denunciata , ex ejusdem regis parte firmiter praeceptum est , quatenus leges henrici avi sui ab omnibus in regno custodirentur , & omnes leges iniquae poenitus enervarentur . denunciatum est praeterea , vicecomitibus , forestariis , aliisque ministris regis sicut vitam & membra sua diligunt , ne a quoquam aliquid violenter extorqueant vel alicui injuriam irrogare praesumant , aut scotalla alicubi in regno faciant , sicut facere consueverunt . rex vero johannes cum se a quibusdam magnatibus quasi derelictum cognovisset , ( by reason of some new treasons then hatching against him by the archbishop ) magnum congregavit exercitum , ut rebelles ad consuetum obsequium revocaret . cumque arma movere incoepisset , venit ad eum archiepiscopus apud northamptonam dicens , plurimum in injuriam sui sacramenti , quod in absolutione sua praestiterat , redundare , si absque judicio curiae suae contra quempiam bellum mov●ret . quod audiens rex cum ingenti strepitu , dixit , se regni negotia propter archiepiscopum non differre , cum laica ●udicia ad ipsum non pertineant . in crastino autem summo diluculo iter furibundus arripiens , versus nottingham properavit : sequutus est quoque regem archiepiscopus memoratus constanter affirmans , ( like another pope innocent , in a presumptuous daring manner ) quod nisi ab inceptis celerius desisteret , omnes qui versus quempiam ante relaxationem interdicti hostiliter arma gestarent , praeter ipsum solum anathematis vinculo innodaret . sicque ab incaeptis regem revocans archiepiscopus , non prius ab eo recessit , donec diem competentem ad curiam regis veniendi , & ibidem juri parendi baronibus impetrasset . this english pope and arch-traytor in pursuance of his implacable malice and revenge against the king , ( notwithstanding his extraordinary favours and submissions to him ) soon after caused all the bishops , abbots , priors , deans , and nobles of the realm to meet together at london upon pretext of satisfying his and the exiled bishops damages , but in verity to engage them in a new rebellion against the king to deprive him of his crown , and conferre it on lewis the french kings son , as they did in the conclusion , under pretext of demanding the confirmation of the charter and liberties granted by king henry the first , there produced by the archbishop , which the king had but newly ratified at st. albans ; thus storied by matthew paris . eodem anno octavo calendas septembris , convenerunt in civitate londoniarum apud sanctum paulum , stephanus cantuariensis archiepiscopus , cum episcopis , abbatibus , prioribus , decanis et baronibus regni , ( to promote a new rebellion under a pretext of religion , even whiles the interdict was contrived by him , as a curb upon the king ) ubi archiepiscopus indulsit tam ecclesiis conventualibus quam presbyteris secularibus ut hor as canonicas in ecclesiis suis audientibus parochianis suppressa voce cantar●nt ( before the interdict was released . ) in hoc colloquio ( ut fama refert ) archiepiscopus memoratus convocatis seorsim quibusdam regni proceribus coepit affari eos secretius in hunc modum ; audistis , inquit , quomodo ipse apud winton . regem absolvi et ipsum jurare compulerim , quod leges iniquas destrueret , et leges bonas , videlicet leges edwardi revocaret , et in regnofaceret ab omnibus observari . inventa est quoque nunc carta quaedam henrici primi regis angliae , per quam si volueritis , libertates diu amissas , poteritis ad statum pristinum revocare , which * charter he recites at large , then read unto them by the archbishop . cum autem haec charta perlecta , & baronibus audientibus intellecta fuisset , gavisi sunt gaudio magno valde , & iuraverunt omnes in praesentia archiepiscopi saepe dicti , quod viso tempore congruo , pro hiis libertatibus si necesse fuerit , decertabunt usque ad mortem . archiepiscopus vero promisit eis fidelissimum aurilium suum pro posse suo , et sic confederatione facta inter eos , colloquium solutum est . this being the real design of this assembly . as the king was thus ridden , trampled upon , and intollerably abused , betrayed by the archbishop , bishops and barons inveagled by them on the one hand , so was he by the popes agents on the other . pandulphus , besides his formentiond insolencies , endeavouring to wrest out of his hands the power of imprisoning clerks for felonyes , that so they might be at his own disposal , and act any villanies with impunity , as these two patents evidence . rex dilecto & fideli suo brieno de insula , &c. sciatis quod ad petitionem magistri pandulphi domini papae nuncii , concessimus quod robertus dosset , ran bullock , galfridus de stanford , & willielmus de welmsford , qui capti fuerunt propter rectum furti facti in vivario nostro de cliva ; & aliis vivariis ; & quos habetis in custodia vestra deliberentur . et ideo vobis mandamus , quod eos sine delatione deliberari faciatis , & in hujus rei testimonium has literas nostras patentes vobis inde mittimus , teste domino p. wintoniensi episcopo apud wingham , primo die jun. anno regni nostri decimo quinto . rex reginaldo de cornhill , &c. mandamus vobis , statim visis literis istis , liberetis magistro pandulfo domini papae nuncio johannem clericum domini hereford episcopi quam habetis in custodia apud roffam salvo custodiendum donec certum fuerit , utrum fuerit clericus vel laicus : et in hujus rei testimonium has literas nostras patentes vobis mittimus . teste domino h. dublinensi archiepiscopo apud chileham duodecimo die junnii , anno regni nostri decimo quinto . per eundem . these most * unchristian disloyal proceedings of the pope , his legats , archbishops , bishops , and english clergy against the king , so much alienated his affections from the very christian religion they professed with their mouths , but denyed in their hearts , practises , that ( if we credit * matthew paris , who willingly traduces him upon all occasions ) after the death of geoffery fitz-peter cheif justice of england ( the chief pillar and support of the realm of england ) king john conceiving himself absolved from , and that he had liberty to go against all the oaths , agreements , & extricate himself from the unjust conditions of peace he had made dolenter , with much grief and reluctancy wherewith he was entangled : poenituit ipsum graviter et amarissime , quod ad praedictae pacis consensum inclinaretur . whereupon thinking to finde better usage from very turks then from the pope , his own bishops and rebellious subjects , who were christians , he resolved to put himself and his realm into their hands , and to renounce the christian religion , which the premised proceedings of the pope and prelates against him made him repute as vain and ineffectual . such was the fruit of these antichristian proceedings against him , misit ergo nuncios secretissimos cum festinatione summa , videlicet thomam hardentonum , & radulphum filium nicholai milites , & robertum de londino clericum , ad admiralium murmelium regem magnum aphricae , marocchiae , & hispaniae : significans eidem , quod se et regnum suum libenter redderet eidem et dederet et deditum teneret ab ipso , si placeret ei , sub tributo . necnon et legem christianam quam vanam censuit , relinquens , legi mahometae fideliter adhaereret . to which message being delivered , murmelius after a little deliberation returned this modest answer . modo inspexi librum in graeco scriptum , cujusdam graeci sapientis & christiani , nomine pauli ( the apostle ) cuju● actus & verba mihi maxime complacent , & accepto : vnum tamen de ipso mihi displicet , quod in lege sub qua natus est non stetit , sed ad alia tanquam transfuga & i●co●st●ns avolvit . et iddico de domino vestro anglorum rege , qui relicta piissima et mundissima lege christianorum sub qua nascebatur , cereus et instabilis gliscit transmeare . no●it qui nihil ignorat d●us omnipoteks , si exlex essem , illam prae omnibus eligerem , & acceptam amplexar m. postea vero sciscitabatur , cujus conditionis esset rex angliae & regnum ejus . of which t. hardenton gave this account of the king , that he was egregie & ingenue atavis regibus magnis procreatus : & of the kingdom , terra ejus opulenta & suis contenta bonis , &c. regnum etiam ab * injuncto & coronato gubernatum , ab antiquo liberum esse dignoscitur , ad nullius pr●terquam dei spectans dominationem : ( the more shame for the pope to invade & make it tributary ) ecclesia etiam & nostrae cultus religionis plus quam in aliqua mundi parte ibidem prosperatur , ac * papalibus & regiis legibus pacifice gubernatur . hereupon , tracto igitur abalto praecordiali suspirio , respondit ▪ rex , nunquam legi vel audivi , quod aliquis rex tam prosperum regnum possidens subjectum et obediens , suum sic vellet sponte pessundaxe principatum , ut de libero faceret tributarium , de suo alienum , de faelici , miserum ; et se alterius sine vulnere victum , dedere voluntati . quinimo de multis legi & audivi ( qui ) sibi libertatem ( quod laudabile est ) compararent : modo autem audio , quod dominus vester * miser , deses et imbellis , qui nullo nullior est , de libero servus fieri desiderat , qui omnium mortalium miserrimus est . postea vero sed cum contemptu inquisivit cujus aetatis esset , staturae a● streunitatis : cui responsum est quod aetate fuit quinquagenarius , & omnino canus , corpore fortis , nec procerus , sed potius compactus , & formae ad robora convenient●s &c. quod cum audisset rex , respondit , virtus ejus juvenilis ac virilis tepuit jam & refrigescit . infradecennium , dato quod tamdiu victurus sit , virtus ejus deficiet antequam arduum quid consummaverit , si nunc inciperet in defectum declinaret , nec aliquid valeret . quinquagenarius enim decidit occulte , sexagenarius manifeste . pacem de caetero sibi adquirat & quiescat . colligens ergo omnia inquisita & responsa nunciorum , post parvum silentium , facta subsannatione , in signum magnae indignationis , sprevit ille admiralius regem johannem , dicens , nullius est rex ille , sed regulus jam desipiens & senescens ; nec curo de eo : indignus est mihi confederari ; & conspiciens thomam & radulphum torvo vultu , ait , non redeatis iterum ad meam praesentiam , nec videant oculi vestri amplius faciam meam . i ama , sed potius infamia domini vestri , jam apostatae desipientis faetorem exhalat in conspectu meo teterrimum . recedentibus igitur cum rubore nunciis , intuebatur rex ille admiralius robertum clericum , qui tertius erat nunciorum , qui p●rvus erat & niger , unum brachium longius habens reliquo , & digitos inordinatos , scilicet duos sibi cohaerentes & faciem judaicam . perpendens igitur rex , quod tam despicabilis persona , ad tam arduum negotium declarandum non destinaretur , nisi saperet ut callidus & intelligeret , videns ejus coronam & tonsuram , & inde discernens quod esset clericus , jussit eum ad se evocari , quia aliis loquentibus adhuc tacuerat , stans remotus . ipso igiter retento & spretis aliis , rex cum eo multa loquebatur secretius quae postea ipse robertus amicis suis pateficit . inquisivit autem dictus rex ab eodem , si rex angliae johannes * aliquibus polleret moribus , & si liberos strenuos procreasset ; & si potens esset in vi generativa . addiditque quod si robertus super his interogatis m●nt●retur , nunquam praecipue clerico crederet christiano . tunc robertus sub attestatione legis christianae se promisit , ad omnia interrogata veraciter responsurum . dixit igitur affirmative * quod potius fuit tyrannus , quam rex ; potius subversor quam gubernator , oppressor suorum , & fautor alienorum . leo suis subditis , agnus alienigenis & rebellibus , qui per desidiam suam normaniae ducatum , & alias mult as terras amiserat . etinsuper angliae regnum , amittere vel destruere sitiebat . pecuniae extortor insatiabilis , possessionum suorum naeturalium invasor & destractor . paucos vel potius nullos strenuos generavit sed patrizantes . sponsam sibi habet exo●a● , & ipsum odientem , incestam , maleficam , & adulteram , & super haec saepius convictum : unde rex sponsus ejus comprehensos laqueo jussit super stratum ejus suffocari . ipse rex nihilominus multos procerum suorum & etiam consanguineos zelotipavit violenter , ac filias corrupit nubiles , & sorores , in cultu autem christiano prout audistis fluctuans & deffusus . haec cum audisset rex admiralius non tamen sicut prius ipsum sprevit , sed detestabatur & in sua lege maledixit & ait ; quare permittunt miseri anglici talem super ser●gnare & dominari ? vere effeminati sunt & serviles . respondit robertus patientissimi hominum sunt anglici donec supra modum offendantur & damnificentur . nunc autem sicut leo vel elephas cum laesum se senserit v●l cruentum , irascuntur , & executere colla de sub jugo opprimentis , etsi sero proponunt & conantur . et cum haec omnia ipse rex admiralius audierat , anglorum nimiam redarguit patientiam ▪ quam formidolositatem recta interpretatione fuisse interpres asseruit qui ad omnia presens extiterat . multosautem praeter hos tractatus , & confabulationes habuit idem rex cum eodem roberto , quae postea amicis plenius in anglia declaravit . collatis igitur ipsi roberto , muneribus preciosis in auro & argento , gemmis variis & holosericis ipsum in pace dimisit . recedentes autem nuncios alios , * nec salutavit nec aliquibus muneribus honoravit ; cumque autem ad propria remeassent nuncii & quae viderant & audiverant domino suo renuciassent doluit , dominus eorum rex iohames vehementer usque ad spiritus amaritudinem , quod si● ab ipso rege admiralio contemnebatur , et quod in proposito suo impediebatur . robertus autem de extranels donis sibi collatis regem liberaliter respexit , ut saltem sic preciperet , quod favorabilius alliis audiretur , licet primo repulsus tacuisset . unde ipse rex ipsum plus aliis honoravit , & quasi pro praemio * custodiam abbatiae potius sancti albani , quamvis non vacaret , * improbus exactor concessit , ut sic de alieno clericum suum fidei transgressor remuneraret . ipse igitur robertus , inconsulto imo invito abbate , qui protempore fuit , videlicet johanne de colla viro religiosissimo & literatissimo , omnia quae in ecclesia , & curia fuerunt , pro libitu diripuit , & sibi appropriavit . et in qualibet balliva quas obedientias appellamus , constituit ( maxime in janua ) janitorem omnium diligentem exploratorem & protervum unde plusquam mille marcas ab eadem domo asiute nimis emunxit robertus clericus memoratus . hic tamen quosdam abbatis ministros praecipuos cum quodam s. albani monacho , videlicet dominum clericum magistrum walterum monachum pictorem dilexit , & habuit familiares , quibus gemmas suas & * alia secreta revelavit , sibi a dicto admiralio collata & dicta , audiente matthaeo qui & haec scripsit & ennaravit . if this embassy to admiralius were a real truth , it discovers the transcendent wickednesse and impiety of the popes , archbishops , and bishops treasons to , cheats put upon king john , which should cast him upon such a temptation and necessity as this , to trust a saracen rather then a christian , and to renounce the christian religion as vain : but the whole contexture proves it a most scandalous malicious forgery of this monke of st. albars , for sequestring that abby . . it is recorded by no other historian but himself . . all the parts thereof appear to be a malicious satyr , libel , invective against king john , invented by the historians under the person of murmelius and robert one of the ambassadors , to render him odious to his subjects , excite them to rebel against him and deprive him of his crown , as a person unfit and unworthy to raign over them , and to justify their election of lewis of france for their king. . all the premised passages glorious victories , successes of king john , prove him to be a quite contrary person to what was here represented to admiralius . . had he formerly resigned up his crown and kingdom or under an annual tribute rent to the pope , as this monk relates , king john had then no power to surrender or subject them to murme lius a sarazen without the popes consent . . this kingdom being subject to none but god , it was a very great impiety in the pope to unite and enthrall it to the see of rome . ly . that king john would renounce the christian religion as vain , and embrace the mahumetan as true , is most improbable ; it had been truer of pope innocent . for . king john commanded all bishops , abbots , monks , priests , to celebrate divine service and sacraments , during the above . years interdict , in all their churches , when the impious pope and prelates prohibited them , and suspended those who obeyed his pious precept . ly . he seized all the temporalties , benefices , goods , of those who disobeyed him . ly . he encouraged all who celebrated divine service and sacraments . ly . he with most passionate importunity pressed the pope and bishops to release the interdict , and that divine service and sacraments might be every where administred , which they both delayed and refused , till their own covetous and ambitious ends were satisfied , shewing himself a far more religious , devout , zealous christian , then the pope , bishops , and his clergy , who for above . years space together suspended all divine service and sacraments throughout his realm , against his will and writs , to wreck their own malice upon this king , and deprive him at last of his crown and kingdoms . ly . his constant profession and maintenance of the christian religion during his life , * the . religious houses he built , and his piety at his death , prove this to be a malicious forgery , that he would embrace mahumetanism , and abjure the christian religion . ly . it is very improbable , as this forged narrative relates , that king john would make himself and his opulent kingdom a tributary and vassal to another prince so remote , of his own voluntary motion , without war or conquest . ly . that king john should send such mean and despicable ambassadors as these here mentioned , to so great a prince as murmelius , about so weighty an affair as this . ly . that he should do it with such privacy , that none of his nobles should know or consent unto it . ly . that these messengers should find this saracen king reading st. pauls epistles , when they were presented to him , and that he should professe the christian religion to be the best and purest of any , yet blame st. paul for electing it before that wherein he was educated . ly . that robert should make such a relation to him and them concerning admirallus his description of his own deformity , of king john his masters tyranny , vices , and unworthinesse to reign , and king john continue him in his favour notwithstanding . ly . that robert only of the three should be rewarded by murmelius , and that with so many and rich presents , being so despicable a person , and the first ( who was the most honorable , eloquent , properest person ) go unrewarded . ly . the ground of this historians malice , and frequent invectives against king john , and this forged legend of his against him and this robert , was because the king seized the lands and monastery of st. albans into his hands , ( whereof he was a monk ) for their abbots and monks refusal to celebrate divine service during the interdict , upon the kings command , and committing the custody thereof to this robert , at least three or four years before this pretended embassy , discovers roberts embassy thither , and claiming the custody of this abby , by giving him a great share of the gifts bestowed on him by murmelius , to be a meer * forged fable . ly . he subjoyns this further forgery of king johns mis-belief , and denying the resurrection of the dead , ( grounded only upon his speech or jest of a fat stagge ) * diebus quoque sub eisdem adeo insipiebat rex johannes ut de mortuorum resurrectione futura , & aliis fidem christianam contingentibus male sentiret , & quaedam inenerabilia diceret deliramenta , quorum unum duximus recitandum , ( as the worst of all the rest , and that but a truth , discovering his little esteem of the merits of popish masses , by which the monks got and held their livings ) contigit ut venatu capto cervo quodam pinguissimo , in praesentia regis cum excoriaretur , & aeridens diceret , o quam prospere vixit iste , nunquam tamen missam audivit ! to make king john some amends for these malicious slanders , ( who to over-top his new english pope and barons , by that papal hand by which himself was subjected to them ) this historian gives pope innocent the d. this true character , evidencing him to be little better then a devil incarnate . ex tunc igitur rex johannes , praeconceptum propositum suum a quo credidit resilire , & suam coepit conditionem deteriorare & deterioratam in perniciem regni solidare . oderat quippe quasi virus viperium omnes regni generosos , praecipue tamen sacrum de q●ency , robertum filium walteri , & cantuariensem archiepiscopum stephanum , noverat autem , et multiplici didicerat experientia quod * papa super omnes mortales ambitiosus erat , et superbus , paecuniaeque sititor insatiabilis , et ad omnia scelera pro praemiis datis vel promissis cereum et proclibum . missis igitur sub omni festinatione nunciis , magnam the sauri summam ipsi transmisit & promisit ampliorem , spoponditque suum se esse et semper fore subiectum tributarium ( which intimates his first mentioned charter and homage to the pope to be a forgery ) ea conditione , ut nacta subtiliter occasione , cantuariensem archiepis . confundere niteretur , & barones angliae quos prius foverat , excommunicaret . et hoc sitienter desiderabat , ut in excommunicatos exhaeredando , & incarcerando , & necando posset malignari . quae igitur nequiter subarraverat , nequius , ut in sequentibus dicetur , solidavit . the pope greedy of this new booty , forthwith dispatched his legate into england , a person every way as covetous , ambitious , wicked , tyrannical as himself ; of whose coming near england the king no sooner heard , but he dispatched this letter to him , by messengers to attend and hasten his arrival . venerabili patri in christo , n. dei gratia tusculan . episcopo apostolicae sedis legato . j eadem gratia rex angliae , &c. & debi tam patri cum devotione reverentiam . audito adventu vestro versus partes nostras , nos cum toto regno nostro gavisi sumus in domino , de religione , & honestate vestra fiduciam gerentes pleniorem . mississemus autem ad vos , sicut dicens & dignum esset , nuncios nostros , nisi communis relatio nos decepiss●t , quae vos in festo exaltationis sanctae crucis capitulo cisterciensi debere interesse asserebat . cum vero certos de appropinquatione vestra rumores audissemus , fuimus in remotis regni nostri partibus ultra eboracum , & statim latores praesentium prudentes viros & familiares nostros eborac . & seleby abbates , in occursum vestrum misimus : mandantes quod bene veneritis , & plures & sollemniores nuncios misissemus si viae fidelibus nostris tutae essent . nos vero in occursum vestrum versus mare venire f●stinamus , vestram rogantes sanctitatem , quaetnus quam citius poteritis in angliam venire f●stinctis , & voluntatem vestram nobis si placet significetis . teste meipso apud thikehull , decimo nono die septembris . the time of his arrivall , manner of his reception , pomp , covetousnesse , new usurpatious as well on the bishops and clergy , as the king , kingdom , subjects , are thus recorded by matthew paris . eodem anno , circa festum sancti michaelis , venit in angliam nicholaus thusculanensis episcopus , & apostolicae sedis legatus , ut dissensiones inter regnum et sacerdotium authoritate apostolica reformaret ? et licet terra interdicta fuisset , ubique tamen cum processione sollemni & cantuum modulatione & indumentis festivis , honorifice receptus est . cumque ad westmonasterium pervenisset , willielmum abbatem dilapidationis & incontinentiae a monachis suis accusatum illico degradavit . venerunt autem ad eum oxoniae burgenses quorum instinctu & praesumptione duo clerici ( de quibus superius fecimus mentionem ) suspensi fuerant absolutionem postulantes . quibus indicta poenitentia inter caetera praecepit , ut ad singulas civitatis ecclesias , depositis indumentis , pedibusque nudis flagella portantes in manibus euntes , a presbyteris parochianis absolutionis beneficium cum psalmo quinquagesimo impetrarent . nec licuit eis nisi diebus singulis , singulas petere ecclesias , ut tam ipsi quam aliitalia praesumere formidarent . legatus itaque cum septem tantum equitaturis in angliam veniens , * quinquaginta in brevi & familia multa stipatus incessit . conveniente tandem archiepiscopo cantuariensi , cum episcopis , & magnatibus regni londonii , in praesentia regis & cardinalium , tractatum est ibidem , pec triduum inter regnum et sacerdotium de damnis episcoporum et ablatis , facta ex parte regis oblatione episcopis praefatis ad plenariam restitutionem ? centum mille marcarum argenti continno numerandarum ? ( a vast sum , besides what they formerly received . ) etsi vero post inquisitionem investigari possit , custodes ecclesiarum , aliosve regis ministros amplius abstulisse , iuratoriam obtulit rex et fide jussoriam cautionem , quod pro episcoporum , et ipsius legati arbitrio , infra sequens pascha satisfactionem plenam omnibus faceret ablatorum . ad hoc autem legatus consensit , ( being most just and satisfactory ) volens instanter hoc fieri , indigne ferens quod non statim suscepta fuit oblatio . vnde protinus suspicatum est , legatum plus aequo parti regis consentire . episcopi quoque negotium protrahentes , ablatis conditionibus obviabant . habito consilio , ut prius inquirerent de ablatis & damnis , & summam diligentius regi inquisitam ostenderent , & sic simul acciperent quod quaerebant . ( such was their unsatiable avarice and perversenesse , thus to continue the interdict on the whole realm on this account . ) audiens itaque rex dilationem sibi dilectam , praebuit illico consensum . et sic eo die , infecto negotio recesserunt . the next dayes proceedings clearly demonstrate that the true design of this meeting by secret compact between the legate , archbishop , and bishops , under pretext of satisfying their damages , and releasing the interdict , was only to decoy and enforce the king to a new resignation of his crown , in the presence of the archbishop , bishops and clergy , ( not present at the first resignation , if really made ) and procure a second charter of surrender of his kingdoms of england and ireland , to the pope and his successors , and resumtion of them from him under an annual rent , and new oath of homage to him , the first charter being either forged , or not really sealed or delivered , and a meer nullity . which last charter though the archbishop , bishops and barons totally disliked , disclaimed , and never assented to , after it was sealed and delivered , yet they covertly promoted , and never disswaded him from it , to render him odious and despicable to all his subjects , and foreign princes , to effect their own designs upon him . veniente vero die crastina , convenerunt omnes iterum ad sanctum paulum in ecclesia cathedrali : ubi post multos , et varios de interdicti relaxatione tractatus , ante majus altare coram clero et populo exacta est a rege et innovata , illa non formosa sed famosa subjectio ; qua in manum domini papae diademate cum regno resignato , tam dominium nyberniae quum regnum subdidit anglicanum . * charta quoque regis , de qua superius diximus , quae prius cera signata fuerat , et pandulpho tradita ; nunc auro bullata est , et legato ad opus domini papae et romanae ecclesiae resignata . super ablatorum vero restitutione , tertio nonas novembris apud radingum diem statuerunt . cumque die jam praelibato , omnes ut superius , convenissent , rex die illa non comparuit , sed die tertia apud wallingford , iterum pariter convenerunt . vbi rex ut supra de omnibus ablatis , episcopis et aliis universis se satisfacturum gratanter spopondit . ( yet lo the unsatiable covecousness and perverseness of the bishops . ) sed hoc illis quorum castella diruta , domus subversae , pomeria cum nemoribus succisa fuerant , parum videbatur . vnde rex et episcopi in hoc pariter consenserunt , ut in arbitrio quatuor baronum se ponerent ; et sic ipsorum judicio satisfaceret universis . after this , convenerunt iterum rex cum legato , archiepiscopo , cum episcopis , magnatibus , ac omnibus viris religiosis , ad interdicti negotium contingentibus , apud radingum , octavo idus decembris : vbi singuli chartam porrexerunt in publicum , omnium ablatornm pariter & damnorum summam continentem . sed legato regifavorem praebente , solutio omnium dilationem accepit , excepto quod archiepiscopus & episcopi , dudum ab anglia proscripti , ibidem quindecim millia marcarum argenti perceperunt . by which relation we may discover , . the insatiable avarice , obstinacy , perversnesse of the bishops , to any cordiall , dutifull agreement with the king ; and the great trouble , vexation , delayes , and frequent meetings they put the king and nobles to , about their pretended damages . ly . their transcendent impiety , in robbing god and the whole kingdome of his divine publick service , by deferring the release of the interdict from time to time , till all their unreasonable demands were satisfied . ly . their execrable treason and disloyalty , in enforcing the king once or twice actually to resign his crown to the pope , and swear homage to him , to procure a future discharge of the interdict , and yet maliciously keeping it on foot till , or after full satisfaction made by the king of all their excessive damages , and unreasonable demands . before i proceed further in this chronological history , i shall present you with a true transcript of the second charter of resignation , made by king john at pauls , out of the charter roll in the tower of london ; and of the homage he then swore to the pope , being almost the same in syllables with the first , ( if any such ) but different in some material words , clauses , here noted in the margin , which second charter is not printed in any of our historians . johannes dei gratia &c. omnibus christi fidelibus praesentem chartam inspecturis , salutem . vniversitati vestrae per hanc chartam * aurea bulla nostra munitam volumus esse notum , quia cum deum et matrem nostram , sanctam ecclesiam offenderimus in multis , et proinde divina misericordia plurimum indigere noscamur , nec quidem quod digne offerre possimus pro satisfactione deo et ecclesiae debita facienda , nisi nosipsos * humiliare pro eo qui se pro nobis humiliavit usque ad mortem , gratia spiritus sancti inspirante , non vi * inducti , nec timore coacti , set nostra bona spontaneaque voluntate , ac commnni consilio baronum nostrorum * offerimus , et libere concedimus deo et sanctis apostolis ejus , petro et paulo , et sanctae romanae ecclesiae matri nostrae , ac domino nostro papae innocentio tertio , ejusque catholicis successoribus , totum regnum angliae , et totum regnum hiberniae , cum omni jure et pertinentiis suis , pro remissione peccatorum nostrorum , et totius generis nostri , tam pro vivis quam pro defunctis , et a modo illa * a deo , et ab ecclesia romana tanquam * feodum recipientes et tenentes , * in praesentia venerabilis patris nostri domini nicholai tusculanensis episcopi apostolicae sedis legati , & pandulphi domini papae subdiaconi , et familiaris ; * fidelitatem , exinde praedicto domino nostro papae innocentio ejusque catholicis successoribus , et ecclesiae romanae secundum subscriptam formam fecimus et juravimus , et homagium ei ligeum * pro praedictis regnis deo , & sanctis apostolis petro & paulo , & ecclesiae romanae & eidem domino nostro papae innocentio tertio , per manum praedicti legati loco & vice ipsius domini papae recipientis , publice fecimus . successores & haeredes nostros de uxore nostra , in perpetuum obligantes , ut simili modo , summo pontifici qui pro tempore fuerit , et ecclesiae romanae sine contradictione debeant fidelitatem praestare , et homagium recognoscere . ad indicium autem hujus nostrae perpetuae * oblationis et concessionis , volumus et stabilimus , ut de propriis et specialibus redditibus nostris praedictorum regnorum pro omni servitio et consuetudine quod pro ipsis facere debemus , ( salvo per omnia denario beati petri ) ecclesia romana mille marcas sterlingorum percipiat annuatim , scilicet in festo sancti michaelis , quingentas marcas , et pasch . quingentas marcas , septingentas scilicet pro regno angliae , et trecentas pro regno hyberniae , salvis nobis et haeredibus nostris justitiis , libertatibus et regalibus nostris . quae omnia sicut supradicta sunt , rata volentes esse * perpetua ac firma : obligamus nos et successores nostros contra non venire ; et si nos vel aliquis successorum nostrorum hoc attentare praesumpserit , quicunque fuerit ille , nisi rite commonitus resipuerit , cadat a jure regni : et haec charta * oblationis et concessionis nostrae , semper permaneat . ego iohannes dei gratia rex angliae , et dominus hyberniae , ab hac hora inantea fidelis ero deo et deo et beato petro , et ecclesiae romanae , ac domino nostro papae innocentio tertio ejusque successoribus catholice intrantibus . non ero in facto , dicto , consensu , vel consilio ut vitam perdant vel membra , vel mala captione capiantux . * eorundem damnum si sciero , impediam , et removere faciam si potero , alioquin eis quam citius potero intimabo , vel tali personae dicam , quam eis credam pro certo dicturam . consilium quod mihi crediderint , per se vel per nuncios , seu per literas suas secretum tenebo , et ad eorum damnum nulli pandam me sciente . patrimonium beati petri et specialiter regnum angliae , et regnum hyberniae adjutor ero , ad defendendum et tenendum , contra omnes homines pro posse meo . sic me deus adjuvet , et haec sancta evangelia . de quibus ne possit in posterum dubitari , ad majorem securitatem praedictae * oblationis , et concessionis nostrae , praesentem chartam nostram fecimus sigillari , et pro concessu hujus praesentis et primi anni mille marcas sterlingorum per manum praedicti legati ecclesiae romanae persolvimus . testibus domino * s. cantu●ricnsi archiepiscopo . w. london , p. winton , r. elyensi , h : lincolniensi episcopis , waltero de gray cancellario nostro , w. com : sarum fratre nostro , r : comite caestriae , w : mar : comite pembroc : w : comite de ferrariis , s : comite wintoniae , roberto de ros , petro filio h. briwer . m : filio hereberti , briano de insula , dapifero nostro . dat : per manum magistri richardi de marescis apud sanctum paulum london , tertio die octobris , anno ab incarnatione domini mccxiii . regni vero nostri decimo quinto . before i present you at large with the judgements , resolutions of others concerning the nullity of king joh●s charters , and the rent reserved on them , in the age wherein they were made , and since : i shall crave leave to acquaint you with my own thoughts concerning this doubt , whether he made & sealed two charters , or only one ? i am clear of opinion that king john never made and sealed but one charter , and took but one oath of homage and fealty to the pope , to wit the last , sealed with a golden seal , not two , as matthew paris , and others misguided by him , conceive ; for which i have these strong inducements . . this only is extant on record in the charter rolls of king john , the other not , nor any mention or memorial concerning it ; and had the first ( of so great moment to the king , kingdom , pope ) been real , it would have been carefully recorded in the charter rolls as well as the latter . ly . there is no mention made in any of pope innocents letters , messages to the barons and bishops of england , king john himself , the french king , or any else , but only of this latter charter , sealed with his bull of gold. ly . king john himself , his bishops , barons , in their appeals and invectives against him , hereafter cited , mention only the latter charter , without any intimation of a precedent . ly . matthew paris himself , in his ensuing passages anno . concerning stephen langhtons protestation and appeal against it , and the vacating of the new chancellors election by the pope , and the embassadors and proxie of king henry the d. and the whole kingdom in the council of lyons , anno . mention only one charter then casually burnt ; and the parliament of e. . do the like : therefore but one . ly . because the popes , cardinals , kings letters and records concerning it , hereafter transcribed , resolve as much . ly . it is very improbable that the pope would demand , or king john make two distinct resignations of his crown and kingdoms , by two charters , and take two oathes of homage and fealty to him , and that almost in the self-same words , without any additional clauses , covenants , either by the king or pope , within the compasse of five moneths , the first bearing date may . the other the d. of october next following . and if king john was so unwilling , and hardly enforced , perswaded to seal the first charter , and so much grieved , perplexed , reproached , contemned , derided , as he was , for sealing the first charter , as matthew paris and others relate , & the release of the interdict continued still as a bridle over him after its sealing , when he expected its final release , he would never have sealed the second , through any menaces , force , or perswasions whatsoever , especially before the interdict was finally discharged , which continued long after the last charter was sealed , through the archbishops and bishops obstinacy , treachery , impiety . ly . it is not probable the barons or bishops would have permitted him in their presence to have made a second charter and homage to the pope , since they so much detested the first . ly . matthew paris his relation of his proffer to resign his crown and kingdoms to murmelius the sarazen , compared with those messengers relations to him , touching the present freedom of the kingdom , subject only unto god , after his first supposed surrender of it by charter and homage to the pope , proves this embassy to be fabulous , or his first charter of resignation fictitious , both being inconsistent . ly . his own relation what moved king john to send to the pope to resign his crown and kingdoms to him , on purpose to curbe the archbishop , bishops , and barons , after their restitution , and to bribe him with a great sum of money to effect it , knowing him to be the most covetous , ambitious , proud person in the world , contradicts the story and inducements for making his first charter sealed with wax , upon far different grounds . in fine , i conceive this mistake of two distinct charters , ( the one sealed with wax , the other with gold , ) surrendring the kingdoms of england and ireland to the pope , and resuming them under an annual rent , grew from this occasion . pandulphus the popes first legate brought a form of an accord of peace between the pope , exiled bishops , and their confederates and king iohn , drawn at rome , which if he would submit to , he might be received into the popes favour , the churches bosom , and preserve both his kingdoms and life : this agreement he swore to , and sealed the th . day of may , and delivered to pandulphus , recorded by mat. paris at large ; the earls and barons siding with the pope , were to enforce him to perform and see it duly observed ; perchance he then treated with him three dayes after concerning the resignation of his crown and kingdoms to the pope , and had some oath or engagement from him afterwards to ratifie it under his seal , which this monk mistook for the charter , actually surrendring his crown in october following ; which i conceive to be the charter recited in the autographum of pope innocents bull under his seal , witnessed with the subscriptions and seals of . cardinals , and . bishops dated novemb : . . a full moneth after this second charter october . before , and sent to king iohn ; wherein the pope declared to him , how willingly and joyfully he accepted the kingdoms resigned to him , and set them again to king iohn , ( which * dr. crakenthorp mistooke for his first charter ) and the same with that in the manuscript collection of nicholas cardinal of arragon . there are several opinions among popes , their flatterers , historians , and others concerning the popes right to england and ireland , and these two charters of king john granting , and resuming from pope innocent and his successors his realms of england and ireland under an annual rent ; which i think fit here to relate and examin , ere i proceed further , being the grandest papal encroachment on the crown . ( a ) lelius zecchus , ( b ) marta , ( c ) alvarus pelagius , ( d ) augustinus steuchus , and other popish parasites , as they assert in general , that the pope is absolutely the lord of the whole christian world , and that kings and emperors must acknowledge their empires and kingdoms to be held of him , the whole world being his territory : so they assert , that the emperor of rome , germany , the kings of france , arragon , naples , granado , portugal , spain , sicily , jerusalem , bohemia , hungaria , denmark , swecia , norway , croatia , dalmatia , and scotland , are the popes vassals , tributaries , holding all their crowns , kingdoms from him as his feudatories , under several annual rents and tributes , and an oath of homage and fealty . it is no wonder therefore if they pretend the like title under the like tenure and vassallage to the realms of england and ireland . pope alexander the d . had the impudency to affirm , that ever since the kingdom of england received christianity , it hath been in the hands and power of st : peter , if his epistle be not forged by ( e ) baronius . if this were a truth , then king iohns resignation of his kingdom to the pope , was only a restitution of that antient right the pope had thereto before in recognition of the popes soveraign dominion over it ; and his resuming of it from the pope under an annual rent , nothing but an revival of the former service due to rome , as ( f ) marta , ( g ) carerius , and ( h ) schioppius argue in the cases of constantines pretended donation , charles the great , pepins , and others grants of lands and territories to the see of rome . but none of our monks or historians of that or any age since , though professed votaries to the pope , ever made such a pretence or conclusion as this . therefore it is a meer forgery . ( a ) cardinal bellarmin and other romanists falsely averre , that the kingdom of england was semper beneficiarium et tributarium romano pontifici because king ; ina and offa , anno . adelphus anno . paid a penny for every house to saint peter by way of tribute , confirmed by several lawes : and king henry the d . acknowledged the pope to be his temporal lord , himself his feudatory , and his kingdom the popes patrimony : the falshood of which having at large refuted , i shall pretermit as fabulous ; only if true , it quite subverts or enervates this charter of king iohn and reservation of the annual rent , as a new thing , honor , rent , not formerly acknowledged by his predecessors . but their principal title to england and ireland is from king iohns charter under his golden bull , which they boast to be yet extant in the vatican ; by which the pope hath ( as bellarmine and marta assert ) directum dominium in regnum angliae et hiberniae , that king iohn and his successors are thereby made feudatories and vassals to the pope , whence b pope innocent the d. in a vaunting manner said of king iohn , vassallus noster est rex angliae , et romanae ecclesiae . to counterplead and enervate this grand pretended title of the pope , i shall desire the readers to consider ; . that sir thomas moor lord chancellor of england ( who ( c ) lost his head under king henry the . his master ( in defence of the popes supremacy in england ) is so far ashamed of pope innocents proceedings against king iohn , that he avowes it in print , ( d ) to be utterly untrue ; that king john did make his realms thus tributdry to the pope , or that ever such pensions were paid to rome for them ; ( wherein doubtlesse he mistakes ) adding , that if he so did , or any other english king should so do , such an act was of no validity at all ; as rossius warwicensis also resolves . ly . that ( e ) edmond campian ( a great advocate for the papacy ) writes ; such instruments might happily then be moved and drawn , and yet dye unratified , though the copies stand recorded ; denying any annual pensions paid thereby for england or ireland to rome . ly . ( f ) m. antonius coccius sabellicus informes us ; that this pretended rent out of england and ireland was granted by king iohn out of a religious vow , to expiate his gaining these kingdoms by fratricide ; without mentioning any charter or resignation . ha●d m●ri●ò post johannes rex angliae , ricardum fratrem interfecit , regnumque parricidio adeptus , à ludovico philippi filio , qui tum in gallia regnabat gravi bello petitus est . tum vero novisse fertur , si regnum sibi incolume mansisset , futurum ut anglia et hybernia vectigales essent apostolicae sedis , magnumque auro pondus voto nuncupavit , quod duae illustres insulae quotannis romano pontifico penderent ; sui itaque voti damnatus , quum ipse , tum successores plerique ut rite actum erat , ratum habuere . but this voluminous historian is utterly mistaken in his whole relation of this pension : for . king iohn did not murder his brother , king richard , who died of a shot out of chaluz castle , as all our ( g ) historians record . ly . he obtained not the realm by parricide , but by his brothers special bequest at his death , and heir to him . ly . this rent was granted before lewis the french kings sonne warred on him ; upon philips intended invasion ; but admit it true , the very force of warr nulls it . ly . none of our historians mention any such vow of king john , as the cause of this grant . ly . not one , much lesse many of his successors acknowledged it rightly granted , nor ever confirmed , but protested against it , as null ; though one or two of them now and then voluntarily paid it , upon other grounds . * raphael volaterans geogr. l. . f. . concurring with sabellicus records , that johannis cum gravi bello à ludovico gallorum rege premeretur , ex voto angliam , iberniamque romano pontifice vectigales fecit , ut auri marcas . quotannis penderent , anno salutis . he being mistaken in the occasion , quarrel , summe , year of the grant , which was not till . and lewis his warre above a year after that : and admit it true , this vow , grant being made by duresse and force of warr , can be of no validity . ly . ( h ) polydor virgil a stranger , ( but yet the last collector of the popes peter-pence in england , who pried into our histories , annals ) and the ( i ) century writers out of him , write thus of this rent and grant : reciting king iohns surrender of his crown , nunquamnisi à romano papa recepturus ( sic enim fieri jusserat nocentius crudelis et sanguinis anglici ▪ sitientissimus , add the centuriators ) ex quo fama est johannem cupientem perpetuare memoriam muneris accepti ( therfore a meer free gift , not tribute , in their judgements ) ea lege fuisse se beneficiarium ( not tributarium ) ut reges deinceps à pontifice duntaxat romano jura regni consequerentur . caeterum has reconciliationis leges qui secuti sunt reges mimme servarunt , neque annales anglici de hujusmodi donatione loquuntur . iohanni tantummodo qui deliquisset imposita , non item successoribus sustinenda fuisse satis constat . so that by this resolution of the popes own collector in england , the grant of these annual rents obliged only king john himself , the delinquent , who imposed them , not his heirs , successors or kingdoms in the least degree : to which the century collectors assent . ly . ( a ) matthew paris , and matthew westminster themselves , ( both monks , extraordinary votaries to the popes , and inveterate enemies to king john ) deride & scorn his charter to the pope , which they first inserted into their histories , stiling it lugubrem , detestabilem , non formosam , sed famosam subiectionem , scriptum toto mundo execrabile , &c. and relate the judgements of the english , french , and others , who reputed it null , voyd , and a most detestable example ; thereby sufficiently intimating their own concurrence therein . ly . as the archbishop of dublin openly protested against the first charter and the legates insolency when he received it , and the money he trampled under his feet , as [ b ] matthew paris himself records : so he writes , that stephen langton the archbp. the popes own legate , great creature , and a cardinal , though he underhand consented to and abetted it , to render king iohn despicable , detestable to his barons , subjects , and all forreign princes , to accomplish his own designs and wreck his malice upon the king , yet ( to preserve the hereditary rights of the kingdom inviolable , and accompiish his own ends the better ) so soon as this charter was sealed , and presented at the high altar in pauls , and delivered to the popes nuntio , he stepping out in the presence of the king , legate , barons , and all there present , in the name of the clergy and kingdom , boldly and earnestly presented at the same altar in solemn manner his appeal against this charter , so detestable to the whole world , as rossius martinus , dr. beard , and others relate . but hear [ d ] matthew paris himself . ralph bishop of chichester , then chancellor of england being elected archbishop of canterbury by the monks after the death of richard , and the monks of canterbury pressing the pope to confirm his election , anno . thereupon the pope made diligent inquiry of simon langton ( stephens brother , elected , but rejected by king iohn , and the pope too at his request , to be archbp. of york : ) concerning ralphs person and disposition ; thereupon respondit , illum curialem esse , & illiteratum , rapidum in verbis , & festinum : & quod durius est , si ad illam dignitatem promoveretur , moliri volentem , ut anhelante ad hoc rege , cum toto regno juvante , excuteret angliam de sub jugo domini papae et curiae romanae , qui eidem tenetur sub tributo ; ut soluto vinculo tributi , quo irretivit eam rex iohannes , solita deo et ecclesiae sanctae serviret libertate . et ad hoc vellet usque ad expositionem capitis decertare , innixus juri et appellationibus stephani cantuatiensis atchiepiscopi ; quas fecit solenniter idem stephanus ante altare sancti pauli ecclesia cathedrali londinensi , cum redderet coronam angliae memoratns rex iohannes in manns legati , conficiens scriptum toto mundo execrabile . papa autem his auditis sermonibus , postulatione cassata , concessit , ut conventus cantuariensis alium archiepiscopum , ac talem eligerent , qui sibi esset pastor animarum salubris , et ecclesiae utilis anglicanae , et romanae fidelis ac devotus tus . monachi igitur domum reversi , conventui retulerunt quomodo fuerant a sno desiderio defraudati . and after the election of two others , whom the pope rejected , were enforced to elect st. edmond whom the pope recommended to them . in this historical passage , there are seven most observable circumstances considerable . . that simon langton , brother to stephen archbishop of canterbury , his principal agent for his restitution , privy to all his actions , being made archdeacon of canterbury by him , and at this time holding that office , informed the pope of these appeals of his brother stephen archbishop of canterbury , publikely made at pauls church london , when king iohn there summoned his barons , and sealed his charter to him : therefore no fiction , but a real truth . ly . that this information was within . years after the resignation and charter thus made . ly . that king henry the d. and the whole kingdom then groaned under , and resolved to cast off this unjust tribute , charter , and to protest against it as invalid . ly . that if ralph were admitted and consecrated archbishop ( the design in electing him to that place ) he would certainly with the peril of his life protest against this reserved rent and charter as voyd in law , because stephen his predecessor had thus appealed against it at the very sealing and delivery thereof , as not only voyd , but detestable , and therfore the king and kingdom would wholly exempt themselves from it ; which had been a vain surmise had there been no such appeal . ly . that simon himself , as well as his brother stephen , acknowledged this charter and tribute , to be not only detestable in it self , and to the king and kingdom of england , but even to the whole world ; and therefore certainly most illegal and invalid . ly . that pope gregory the th believed both the truth of this relation and appeal , and upon this information and ground alone vacated the election of ralph , to prevent this design of the king , kingdom , and archbishop elect , to shake off this tribute and yoak of bondage , enforcing them to elect another more complyant with his designes , to preserve his interest in this annual rent , though reserved by such a most detestable charter . ly . that it was afterwards insisted upon in the council of lyons , and not gainsaid by the pope . ly . that the english barons themselves , though they were present , and & connived at this charters sealing and delivery by the king , the better to effect their own designs against him , being made most contemptible and quite devested of his royal honor , and most of his authority thereby , yet they abominated , declaimed , protested against it and him with highest indignation and detestation when executed , witnesse these passages and speeches of theirs recorded by ( a ) matthew paris , first , within few moneths after this second resignation and charter , anno . all the nobles assembled in a great council at london , together with the archbishops , bishops , abbots , priors and clergy ( where the king ratified the great charter , and charter of the forrest , and charter concerning the freedom of elections to bishopricks and monasteries ) perceiving king johns heart both by his gestures and speeches to be totally averted from them , and himself almost distracted with sad melancholly thoughts , for sealing his second charter to the pope , and confirmation of the great charter , and that of elections ) antequam ipsum concilium solveretur continua mente praesaga futuros eventus ponderabant ; dicentes ; vae nobis immo toti angliae carenti rege veraci , et oppressae tyranno subdolo , et summis conatibus regnum angliae evertenti . nos jam romae subjecit et romanae curiae , vt protectionem ab ea consequeremur , timendum est ne injuriosas suppeditationes in posterum inveniamus ; nunquam audivimus de aliquo rege , qui nollet colla servituti subtrahere , iste sponte succumbit . et sic lamentantes regem recedendo reliquerunt , ad propria revertentes . a strong evidence they never advised , assented to , or approved it ( as both charters falsly recite ) but thus openly and joyntly declaimed against , lamented the sad consequences of it , which they both foresaw , feared ; and thereupon departed from him to their homes with much grief and discontent , as one who had used his utmost endeavours to subvert a miserable kingdom , by subjecting his own and their free necks to the pope & court of rome , under pretext of obtaining protection from them . after this , anno . the barons being driven almost to desperation , resolving utterly to reject king john and elect a new king , which they did , thus openly inveighed against him , for this his charter , of resignation , and against pope innocent himself , making it the principal argument of their revolt from him . circa hos dies , cum denique barones , qui jam omnia amiserant , quae propensius in mundo diligebant , & spem bom melioris penitus non habebant , ut per se recuperarent amissa , tacti sunt dolore cordis intrinsecus , & quid agerent ignorabant , maledicentes regis versutiam , tergiversationes et infidelitatem , et ducentes suspiria geminando : veh tibi iohannes regum ultime , anglorum principum abominatio , nobilitatis anglicanae confusio . heu anglia jam vastata , et amplius vastanda : heu anglia , anglia omnibus bonis hactenus princeps provinciarum , facta es sub tributo , non tantum flammae , fami , et ferro , sed servorum ignobilium et advenarum imperio subjecta , et suppeditata : cum nihil infelicius quam servorum subjici servituti , legimus quod multi alii reges , immo ut reguli , usque ad mortem pro liberatione terrae suae subjectae dimicarunt : sed tu iohannes ( lugubris memoriae pro futuris seculis ) et terra tua ab antiquo libera , ancillaret excogitasti , et operam impendisti , et ut alios tecum traheres in servitutem , quasi cauda serpentina medietatem stellarum a firmamento te ipsum primo depressisti , factus de rege liberrimo , tributarius , firmarius , et vassalus servitutis ; terrarum nobilissimam chirographo servitutis aeternae obligasti , nunquam a compede servili liberandam nisi miseratus ille , qui nos et totum mundum , quos sub pecc iugo vetusta servitus tenuit , dignetur quandoque liberare . ati et quid de te papa ? qui pater sanctitatis , speculum pietatis , tutor justitiae , & custos veritatis , toti mundo deberes lucere in exemplum , tali consentis , talem laudas , & tueris ? sed hac causa exhaustorem pecuniae anglicanae & exactorem nobilitatis britannicae tibi inclinantem , defendis , ut in barathrum romanae averitiae omnia demergantur : sed haec causa & excusatio , est ante deum culpa & accusatio ; et sic barones lachrymantes , & lamentantes regem & papam maledixerunt , peccantes inexpiabiliter , cum scriptum sit . principi non maledices ; & veritatem & reverentiam transgredientes , cum illustrem johannem regem angliae servum asserverunt , cum deo servire regnare sit tandem decretum est , ut aliquem potentem in regem eligerent per quem possint ad possessiones pristinas revocari , credentes quod nullus johanne pesor vel durior possit dominari , & tale miserabile statuentes argumentum , — fortuna miserrima tuta , nam timor eventus deterioris abest . cumque aliquandiu , quem oligerent haesitassent , demum in hec pariter consenserunt , ut lodovicum filium philippi regis francorum sibi praeficerent , & ipsum in regem angliae sublimarent . besides king john himself in his letters to the pope complains , that his earls and barons were devout and loving to him till he had subjected himself to his dominion , but since that time , & specialiter ab hoc , they did all rise up against him . and , when he alleged to them , that the realm of england was st. peters patrimony , and held of the pope , &c. they slighted it so , as to return no answer to it . yea pope innocent himself in his epistle to all christian people wherein he nulls the great charter of liberties complains thus of the barons ; ut ordine perverso in illum insurgerent postquam ecclesiae satisfecit , qui assistebat eidem quando ecclesiam offendebant . and the french kings barons , h. the . and his proctors in the council of lyons , with the parl. of e. . peremptorily affirm , that the barons never assented to it : therefore this clause inserted into the patent that it was made , communi consilio baronum nostrorum , must needs be a false suggestion and untruth , which makes it null in law. ly . there is an antient manuscript stiled * eulogium in the famous library of sir robert cotton , which records , that in the year . ( soon after this surrender and charter of king iohn ) there was a parliament called at london , wherein stephen archbishop of canterbury , and all his clergy , cum tota laicali secta , with all the lay sect being present ▪ per domini papae praeceptum illa obligatio praefata , quam rex domino pap● secerat , cum fidelitate et homagio relaxatur omnino , primo die julii . i● then pope ●nnocent himself in full parliament totally released king iohns charter , obligation , rent , homage and fealty made him for these kingdoms , immediately after their making ( upon the archbishops appeal against it , ●or as extorted from him by such atheistical impious interdicts , excommunications , menaces , frauds , circumventions , crossadoes , and foraign forces raised against him , and fraught with nothing but untrue suggestions , not upon any real considerations , as the author of this treatise positively asserts ) how any of his successors or roman advocates ( especially in this age ) can in justice or equity insist thereon to intitle themselves to the soveraign temporal dominion , jurisdiction of england and ireland as st. peters patrimony , without the greatest absurdity and shamelesse impudence , no rational creature can discover . ly . after king iohns surrender of his kingdom , and confirmation of the charters to the kingdom and bishops , with the popes ratification of them too , his friends , courtiers , flatterers , soldiers , and common people ; for this his resignation of his crown , did thus deride and jeer him to his very face , to exasperate him against the treacherous bishops and his barons , as well as against the pope , and raise new commotions . his peractis & ex utraque parte approbatis , exultaverunt omnes , credentes deum , misericorditer cor regis tetigisse , cor ab eo lapideum abstulisse , & cor carneum addidisse , & ut in eo fieret optima dextrae excelsi permutatio . speraveruntque omnes & singuli angliam quasi aegyptiaco jugo , quo diu ante premebatur , per dei gratiam suis temporibus liberatam , tam per romanae eccesiae protectionem , cujus alis se credebant obumbrari , & sic velut sub clypeo divinae militiae , cui servire regnare est , pace & libertate gaudere , tum propter regis humilitationem desideratam ; quam speraverant omni mansuetudini & paci faeliciter inclinatam . sed longe aliter , proh pudor , et proh dolor , et nimis dissimili quam speratum fuit evenit . ( treachery , perjury , fraud , rebellions , hyporcrisy and accords obtained by wicked machivilian policies , never ending in expected tranquillity and security ) credebatur fortuna arridendo nectar propinasse , cum fellita pocula , & venena preparavit . ecce enim filii belial ( diabolo procurante ) qui successibus hominum ex antiqua sua consuetudine , videlicet ruptarii nequissimi qui bella potius quam pacem voluerunt , regiis auribus verba discordiae susurrando instillarunt . dixerunt enim grunniendo et derisionibus multiplicatis subsannando : ecce vigesimus quintus rex in anglia , ecce jam non rex nec etiam regulus , sed regum opprobrium : malle deberet non rex : quam sic rex esse . ecce rex sine regno : dominus sine dominio : ecce alficus nauci et angularis , rota quinta in plaustro : regum ultimus , et populi abjectio . heu miser et servus ultimae conditionis , ad quam servitutis miseriam devolutus es ? fuisti rex , nunc faex : fuisti maximus , nunc minimus . nihil infaelicius quam fuisse foelicem . et sic iram provocantes , addendo flammam vento ab igne sulphureo scintillas excitarunt . therefore there was certainly no common universal consent to this surrender , charter , but a generall detestation of , and declaration against it in the higest degree ; which made it null in law. ly . whereas it is recited in the charter : nos gratia spiritus sancti inspirante , non vi inducti ▪ nec timore coacti , sed nostra bona et spontanea voluntate offerimus et libere concedinius deo et sanctis apostolis . &c. & domino nostro papae innocentio tertio , ejusque catholicis successoribus , totum regnum angliae , & totum regnum hiberniae , &c. this is most false and untrue : for as king iohn was enforced to it sore against his will to his great grief , as the premises evidence ; so he was so much ashamed of , and exceedingly discontented at it , that rejecting all the english , he deeply lamented that ever he was born into the world , or that ever his mother nursed him to do such detestable , unroyal , shamefull actions , and was almost quite distracted with the thoughts thereof ; which matthew paris thus expresseth . tunc rex nimis credulus susurris abominabilium ruptariorum , quos ex consuetudine in propriam perniciem nimis libenter , abjectis naturalibus suis hominibus , educaverat , animum summutavit ; & cor ejus pessimis consiliis inclinavit : leve est enim sluctuantem movere , & proclivum ad mala , ad flagitia praecipitare . tunc rex ab alto ducens suspiria , concepta indignatione maxima , caepit in seipso tabescere , lamentationibus multiplicatis conquerendo dicere : ut quid me genuit mater mea infoelix , et impudica ? vt quid genibus exceptus ? ut quid uberibus ablactatus infaustum accepi incrementum ? ferrum mihi potius quam alimentum debuit praeparari . caepit frendere dentibus , oculis torvis intuitum retorquere , arreptos buculos et stipites more furiosi nunc corrodere , nunc corrosos confringere . et inordinatorum gestuum plurimis argumentis , conceptum dolorem , imo furorem manifestare . &c. and when he heard tidings of the defeat of his forces in france by king philip , soon after this surrender and charter , ( where * matthew paris observes ; in hoc autem casu rex anglorum , qua raginta millia marcarum , quae tempore interdicti à monachis cisterciensibus , consilio ricardi de marisco & similium aulicorum impudenter abstulerat , consumpsit , ut fidem faceret proverbio , quo dicitur , non habet eventus sordida praeda bonos , ) animo nimis consternatus , astantibus dixit ; postquam deo reconciliatus , me ac mea regna , proh dolor , romanae subjeci ecclesiae , nulla mihi prospera , sed contraria omnia advenerunt . yea the shame and infamy of it stuck upon his spirit till his dying day . ly . philip king of france , together with his sonne lewis , & his proctor , and all the nobles of france anno . with one mouth , protested against this charter and resignation to walo the popes own legat , ( when purposely sent to them by pope innocent to disswade them from invading england , as being then st. peters patrimony ) not only as null , void in it self for several reasons , but of most pernicious example to all kingdoms ; thus at large recorded by matthew paris . sub his diebus , magister walo a domino papa missus venit in franciam , ut lodovici progressum in angliam authoritate apostolica impediret . qui cum ▪ ad regem philippum pervenisset , porrexit litteras ex parte domini papae deprecatorias ; in quibus continebatur , ne * praeter mitteret filium suum lodovicumi angliam hostiliter adire , vel regem anglorum inquietare in aliquo : sed ipsum , ut romanae ecclesiae vassallum protegeret , defenderet , et diligeret ; cujus regnum ad romanam ecclesiam ratione dominii pertinebat . rex autem francorum , cum haec verba intellexissit , incontinenti respondit : regnum angliae patrimonium petri nunquam fuit , nec est , nec erit . rex enim johannes , multis retroactis diebus , volens fratrem suum regem richardum a regno angliae injuste privare , et inde de proditione accusatus , et coram eo convictus ; damnatus fuit per judicium in curia ipsius regis : quam sententiam pronunciavit hugo de pusat , & episcopus dunelmensis . et ita nunquam fuit verus rex , nec potuit regnum dare . item si aliquando fuit verus rex , postea regnum forisfecit per mortem arthuri ; de quo facta damnatus fuit in curia nostra . item nullus rex vel princeps potest date regnum suum , sine assensu baronum suorum , qui regnum illud tenentur defendere : et si papa hunc errorem tueri decreverit , perniciosissimum regnis omnibus dat exemplum . tunc quoque magnates omnes uno ore clamare coepernnt : quod pro isto arriculo starent usque ad mortem , ne videlicet rex vel princeps per solam voluntatem suam posset regnum dare , vel tributarium facere , unde nobiles regni efficerentur servi . acta sunt haec apud lugdunum die decimo quinto post pascha . in crastino itaque procurante rege francorum supervenit lodovicus ad colloquium , & torvo vultu respiciens legatum juxta patrem suum resedit . quo facto , legatus multis precibus caepit rogare lodovicum , ne iret in angliam ad invadendum , vel occupandum patrimonium romanae ecclesiae , et patrem ejus , ut prius fecerat , ne ipsum permitteret ire . rex autem francorum legato protinus respondit , dicens ; ego domino papae , & ecclesiae romanae devotus semper fui , & fidelis , & in omnibus agendis suis negotia sua omnia efficaciter hucusque promovi : sed nec modo per consilium meum , vel auxilium filius meus lodovicus contra romanam ecclesiam aliquid attentabit . veruntamen si jus aliquod de regno angliae sibi vendicat , audiatur , & quod justum fuerit , concedatur eidem . ad haec miles quidam , quem lodovicus procuratorem suum constituerat , surgens , audientibus cunctis respondit : domine rex , res notissima est omnibus , quod johannes dictus rex angliae , pro arthuri nepotis proditione , quem propriis manibus interemit , in curia vestra , per judicium parium suorum ad mortem sit condemnatus : ac postmodum a baronibus angliae pro multis homicidiis & enormitatibus aliis , quas ibidem fecerat , ne regnaret super eos reprobatus . unde barones contra eum guerram moverunt , ut ipsum a solio regni immutabiliter depellerent . praeterea rex saepe dictus , praeter assensum magnatum suorum , regnum angliae domino papae contulit et ecclesiae romanae , ut iterum illud reciperet ab eis tenendum sub annuo tributo mille marcarum . et si coronam angliae sine baronibus alicui dare non potuit , potuit tamen dimittere eam . quam statim cum resignavit , rex esse desiit , et regnum sine rege vacavit . vacans itaque regnum sine baronibus ordinari non debuit . unde barones elegerunt dominum lodovicum ratione uxoris suae ; cujus mater , regina scilicet castellae , sola ex omnibus fratribus & sororibus regis angliae vivens fuit . tunc legatus proposuit , quod rex johannes erat cruce signatus , unde ex constitutione generalis concilii pacem habere debuit usque in quatuor annos , & omnia sub protectione sedis apostolicae secura permanere : unde medio tempore lodovicus non debuit guerram dicto regi movere , nec eum a regno privare . ad haec procurator lodovici respondit : rex johannes ante crucem sumptam guerram moverat domino lodovico ; & castrum de buncham obsederat & illud destruxerat , &c. legatus itaque his rationibus non contentus ; prohibuit , sicut prius , sub paena excommunicationis , ne lodovicus angliam intrare praesumeret : & patrem ejus , ne ipsum ire permitteret . his auditis , lodovicus patri suo dixit : domine : etsi ego homo vester ligeus sum de feudo quod mihi dedisti in partibus cismarinis , de regno angliae ad vos non pertinet statuere quicquam : unde me subjicio judicio parium meorum , si debetis cogere me ne prosequar jus meum : quia pro haereditate uxoris meae usque ad mortem , si necessitas coegerit , decertabo . et his dictis lodovicus cum suis a colloquio recessit : quod videns legatus , rogavit regem francorum , ut salvum sibi conductum praeberet usque ad mare . cui rex respondit : per terram nostram propriam conductum libenter praestabo ; sed si forte incideris in manus eustachii monachi , vel aliorum hominum lodovici , qui custodiant semitas maris ; non mihi imputes , si quid sinistri tibi contingat . haec audiens legatus , iratus a curia recessit . by which passages it is apparent , that the king of france , his son lewis , and all the nobility of france , unanimously resolved , with highest indignation and detestation , this charter to be a meer nullity , because made by king john , then no lawfull king , and without the barons consent , and of dangerous president to all other kingdoms ; thereupon thus slighted the popes command , and his legates , not to war upon king john , or invade england , being st. peters patrimony . and dare any pope or other champion of the church of rome , now own or justifie such a universally condemned charter as this ? ly . king henry the d. ( king johns heir , and next successor ) though much devoted to the pope and his legate , as * instrumental to crown and restore him to the actual possession of his kingdoms , after his fathers death , not only disclaimed and endeavoured by the assistance of his chancellor and whole kingdom , to free himself from the vassallage of this pretended rent and charter , anno . as you have heard , but in the general council of lyons , anno . ( about . years next after this grant and oblation ) by his ambassadors and advocate , made a special protestation against it , as a meer nullity , extorted by war , force from king john , against the archbishops protestation , and against the barons consent ; thus related by ( a ) matthew paris , and ( b ) matthew westminster . per idem tempus , rex sano fretus consilio , ex quo certificabatur de concilio generali in proximo lugduni celebrando , nuncios solennes ad concilium destinavit ; videlicet comitem rogerum bigod , iohannem filium galfridi , gulielmum cantilupo , philippum basset , radulphum filium nicholai , milites , et gulielmum de powic , clericum : ut domino papae , et toti concilio gravamina exponerent quae regno angliae in multis a romana curia diatim inferentur : praecipue de tributo in guerrae tempore extorto , in quod nunquam consensit regni universitas , cui contradictum fuit et aperte per stephanum archiepiscopum cantuariensem , reclamantem . quod in posterum factum est . in this council when assembled , on the very day that pope innocent the fourth propounded his complaints against the emperour frederick , to depose him , gulielmus de powic , qui cum nobilibus domini regis angliae procuratoribus comite rogerio , et aliis sociis praesens affuit , volens haec praedicta , per interruptionem differre , surgens in medio , gravamina regis et regni angliae proponens satis eleganter : conquestus est graviter , quod per curiam romanam extortum est tributum injuriose nim is tempore guer rae a rege johanne , dum summa mentis angustia torqueretur , cui etiam manifeste contradictum fuit , et ex parte universitatis regni ; reclamatum , quod talia nullo modo facere poterat , per os venerabilis stephani cantvariensis archiepiscopi , quo non erat tunc major in regno . in quod tributum nunquam patres nostri consenserunt , vel aliquo tempore consentient , unde sibi petit instanter exhiberi justitiam cum remedio . ad quod papa non oculos elevans , nec vocem , dissimulavit , donec quae magis eum angebant primitus exuperasset . from the consideration of which passage , and that of simon langhton archdeacon , and of his brother stephen langhton archbishop of canterbury , thus recorded by archbishop * parker his successor , in his life , sed stephanus langton et si has injurias & cala nitates tam regi quam regno conflavit , tamen cum rebus composit is in cantuariensi archiepiscopatu cum regis benevolentia sedisset quietus , victus amore atque charitate patriae , cum iohannes rex in pandulphi manus sceptrum et diadema regium concessisset , iniquissimo id animo ferens , accedens ad altare , ob tam indignum papae facinus continere se non potuit quin in appellationis vocem , a tam grandi illato angliae praejudicio prorupit . i am clear of opinion , that archiepiscopo dolente & reclamante , applyed by * matthew paris and others to the archbishop of dublin , at the sealing of the first charter , and legates trampling on the earnest money or rent , was in verity the appeal of stephen archbishop of canterbury , at the sealing and delivering of the second charter , ( unlesse one of them appealed for ireland , the other for england ) since the archbishop of dublins appeal was never insisted on in the council of lyons or elsewhere , but only this of archbishop langhtons ; which had it not been true as well as the other allegations , the king and his advocates would never have propounded them so solemnly in this general council , and pope innocent the th . for his own and his predecessors honour ( innocent the d. ) would have there denyed this appeal to be true ; but his stupid silence , without the least reply either then or afterwards , is a convincing argument of their verity , and this charters nullity . ly . * matthew paris relates , that the pope setting his study in lyons on fire , a little before this council , to burn some lose papers and things of small value , that so by pretext thereof , occasionum dominus papa acciperet pecuniam petendi & extorquendi à praelatis ad concilium properantibus ; the fire exceeding his intended bounds , cumbusta sunt etiam quaedam quae habebuntur chariora . et fuit multorum assertio , quod detestabilis illa charta , quae de tributo angliae , sub flebilis memoriae rege iohanne confecta fuerat , eodem incendio in cinerem est redacta . and if so , ( as is most probable by his fore-mentioned silence in the council , to powics complaint against it ) how a charter thus burnt , nulled by divine providence , gotten by such sinister , forcible , fraudulent means , should be still in force , no lawyer or statesman can resolve . ly . the pope returning no satisfactory answer at all to the procurators of the king , and generality of england , touching this charter , exacted rent , or other grievances then complained of , thereupon they departed thence with indignation . the pope soon after ( as † matthew paris informs us ) being conscious of the burning and invalidity of king johns charter , sent a transcript thereof ( no man can suppose he would send the original . years after its date ) to all the bishops of england to subscribe and seal , to give it the best countenance he could thereby . misit igitur ad singulos episcopos angliae , praecipiens districtissime , ut quilibet eorum illi chartae detestabili , quam lachrymabilis memoriae rex anglorum iohannes , reclamante archiepiscopo cantuariensi stephano , infoeliciter confecit de tributo , signum suum appenderet , ut magis roborata perpetuaretur . quod ipsi episcopi timore inexcusabiliter effaeminati , non sine enormi regis et regni , ( proh dolor ) fecerunt praejudicio . vnde cum dominus rex hoc audisset , in maximam iram excandens juravit , quod etsi etiam ipsi episcopi turpiter fint incurvati , ipse firmiter staret pro regni libertate , nec unquam dum vitales carperet auras , censum sub nomine tributae curiae romanae persolveret . porro episcopus londinensis f. ultimus et invitus in arcum pravum versus , signum suum dictae chartae apponens , minus aliis meruit reprehendi . simili quoque modo , cuidam amplae chartae transcriptae de verbo ad verbum , ( as that of k. johns charter was ) secundum chartam bulla papali communitam , de sententia depositionis in imperatorem fredericum lata , apposuerunt omnes praelati signa sua , tam ad majorem roborationem quam memoriam rei sempiternam . from whence i shall observe : . that king johns original charter was then either actually burnt or lost , else what needed this desired subscription and sealing a new transcript of it ? ly . that this pope held it invalid ( if not burnt ) for want of the bishops seals and subscriptions to confirm it . ly . the unparallel'd treachery , unworthinesse , cowardice , slavery of all the english archbishops and bishops in that age , who fearing the pope more then either * god himself or their king , ( against gods and st. peters peremptory commands ) out of an unenglish , unmanly , unchristian fear of his indignation , after such a general complaint against this charter and tribute , made by the king and whole kingdom in the general council of lyons , and the protestation of archbishop langhton himself , in the name of all the people of england , durst thus presume upon the popes decree , mandate , without the kings , barons , kingdoms privity , and against their resolutions , trayterously to subscribe , seal , and as much as in them lay ratifie this detestable charter ; such broken reeds were they then for the king , church , barons , kingdom to depend on ; yea so perfidious to them , as upon all extremities to desert , betray them , to advance the pope and his interest , to the kings , kingdoms , churches , their own prejudice and inthralling . ly . their like unworthy compliance in setting all their seals to the popes excommunication of the emperor frederick , the kings alley , though his embassadors protested against it in the council of lyons . ly . the kings just indignation against the bishops , for this their treachery , cowardice , and unworthy complyance , and his magnanimous resolution to unburthen the kingdom of papal exactions , and never to pay this rent or tribute to rome whiles he breathed . ly . that neither the king nor barons ever subscribed or ratified this transcript , but only the degenerous , craven bishops ▪ and that in a clan destine manner ▪ therefore it neither obliged the king , barons , kingdom , or commonalty of the realm , and was but a meer insignificant nullity . ly . that the parliament of england , anno edw. . was specially summoned for this particular occasion of king johns charter , and the rent therein granted , which the pope ( after above . years discontinuance and non-claime ) intended to revive and put in execution , by issuing out a processe against the king and kingdom , to demand the homage and rent reserved to him and his successors by vertue of that charter ; whereupon the king craved the advice of the bishops , dukes , earls , barons , knights , citizens , and burgesses then assembled , in case the pope should proceed against him or the realm for this cause , and what they would do therein ; who upon mature deliberation severally resolved , that king john had no power at all to make such a charter , or grant such a rent , without his barons and commons consents : that it appeared by several evidences , they never gave their assents thereto , and so the charter null and voyd : and that if the pope should issue out any processe to demand the homage or rent against the king or his kingdoms , they would resist him with all their might . i shall here present you with a true transcript of the parliament roll it self , thus recorded in french. et ceste chose fait feust commande as grantz & communes q'ils se depertisont & q'ils y feussent lendemain , cest assavoir , les prelatz & grantz en la chambre blanche , & les communes en la chambre de peintz , an quele lendemain nostre seigneur le roy , les prelatz , ducs , counts , barons en mesme le chambre blanche , les chivalers des countees , citiens , burgeis demurrantz en la chambre de peintz , feust monstre a eux per le chanceller , comment ils avoient entendug les causes du summons du parlement en general , mes la volunte le roy fust , que les causes feussent monstres a eux en especiall . loux disoit , coment le roy avoit entendu , que le pape per forcedun fait quel il dit , que le roy johan fesoit au pape , de lui faire homage pur le royalme dengleterre , et la terre dirlande . et que per cause du dit homage qil lui deveroit paier chescun an perpetuelment mill marcs , est en volunte de faire process devers le roy , et son roialme pur le dit service , et ceus recoverir , de qel le roy pria as ditg prelats , ducs , countees et barons , lour avys et bon conseil , et ce qil efferroit en cas que le pape vorroit proceder devers lui ou son dit roialm pur celle cause . et les prelats requeroient au roy qils se purroient sur ce per eux sont aviser , et respondre lendemain , queux prelatz le de lendemain , a de priems pur eux mesmes , & puis les auters ducs , countz , barons & grantz responderent , & disoient , que le dit roy johan ne nul autre purra mettre lui , ne son roialme , ne son people en tiele subjection saunz assent et accorde de eur . et les communes sur ce demaundez et avisez , respondirent en mesme le manere : par quoi feust ordein et assentu per commune assent , en manere qeusuyt : en ce present parlement tenuz a westm : lundy prosche in apres la invention de la seint croice , la● du regne le roy edward quadrantessime , tant sur lestat de seint eglise come des droitz de son royalme , et de sa corone meinteinur , entre auters choses estoient monstres , coment ad estee parlee et dit , que le pape per force dune fait qiele il dit que le roy john iadys roy de engleterre fesoit au pape , au perpetuite de luy faire homage , pur le royalme dengleterre , et laterre de i●eland , et pur cause du dit homage de lui rendre un annuel cens , ad este en volunte de fair process devers le roy pur les ditz services , et ceus recoverer , la quele chose monstre as prelatz , ducs , countz , barons , et la commune , pur ent avoir lour avys et bon conceil , et demand de eux , ce qe le roy enferra en cas que le pape vorroit proceder , ou rien attempter devers lui , ou son roialme pur celle cause ; queux prelatz , ducs , countz , barons et communes eu surce plein deliberacion , responderent et disoient dune accord , que le dit roy johanne , ne nul autre , purra mettre lui ne son roialme , ne son people en tiele subjection , sanz assent de eux , et com piert per pluseurs evidences , que si ce feust fair , ce feust fait sanz lour assent , et encountre son serement en sa coronation . et outre ce les ducs , countz , barons , grants et communes accorderent et granterent , que en cas que le pape se afforceroit ou rien attempteroit per process , ou en autre manere , de fait de constreindre le roy ou ses subjects de perfaire ce qest dit , qil voet clamer cella partie , qils resistont et contre esteront oue tout leur puissance . since this unanimous gallant peremptory resolution of k. edward the d. and all his bishops , dukes , earls , barons , commons assembled in this parliament , against this charter , thus resolved to be null and voyd , and to resist the pope with all their power in case he should demand or issue any processe against the king or his kingdom to recover it , ( being . years past ) no pope ever presumed ( for ought i can find ) to demand this homage or rent of any of our kings , or to send out processe to endeavour its recovery ; and a discontinuance , non-claim of this charter , homage , rent for so long a space , upon such a solemn deliberate parliamentary resolution , entred with special care in the parliament rolls , must needs be a perpetual barre in point of law and justice , against such a voyd , injurious charter , procured with so much perjury , treachery , impiety , fraud , force , circumvention , as you have already heard . ly . all our histories , chronicles , generally old and new , declaim against this charter as most detestable , infamous , illegal , null in law , and no wayes obligatory to our kings or kingdoms in the least degree ; yea the author of the answer to bellarmines apologia , cap. . and learned dr. richard crakenthorp in his treatise of the popes temporal monarchy , cap. . p. . to . proves the nullity of it by . strong arguments , and mr. john speed in his history of great britain , london . p. , , . proves both charters voyd by many more reasons ; the summe of them is , that this was an act in king john i. of manifest perjury against his coronation oath . ly . of constraint . ly . of combination . ly . of fear , he being drawn thereto by the pope himself , who had set up both the french power , and his own barons and prelates against him . ly . an act of a person actually interdicted , excommunicated by the pope himself ; and so unable to avouch or grant any thing to the church or pope . ly . the witnesses , if any were , stood excommunicated for conversing with him . ly . neither the barons . ly . nor the clergy . ly . nor the body of the kingdom , people . ly . nor his next heir and successor to the crown ever consented thereto . ly . fraught with many false untruths ; as done freely and voluntarily , without fear or force , in a general assembly of the barons by their advice and consent , by the inspiration of the holy ghost ; because the king had nothing fit to give away to god or the pope for the satisfaction of his sins , but his crown and kingdomes . ly . from the proviso of exception in the grant , salvis nobis & haeredibus nostris , justitiis , libertatibus , & regalibus nostris , extant in both charters ( if there were two ) which saves the right of soveraignty , kingship , and soveraign dominion in and over the kingdoms of england and ireland intirely to the king ; which he never transferred to the pope . the liberty of a king is freely and absolutely to rule his subjects according to law , without being subject or servant to any superiour , and the very essence of regality , independency of authority , on any but god alone . now these being expresly reserved , excepted ▪ utterly made void whatsoever was before mentioned , either as granting soveraignty , and doing homage and fealty by his successors for the kingdoms to the pope , as his subjects ; and the subsequent clause of losing the right and inheritance of the crown , in case of contradicting ought therein mentioned ▪ after due admonition , a meer nullity , inconsistent with monarchy , or the kings or kingdoms rights . to which reasons i shall subjoyn , i. that this charter was procured by the popes own wrongs and duresse against king iohn ; i. by interdicting his whole kingdom ; ly . excommunicating him by name ; ly . absolving all his subjects from their oaths of allegiance and fealty ; ly . by depriving both him and his heirs of their kingdoms , and giving them to the french king and his heirs . ly . by publishing a general crossado for all christian barons , knights , to assist the french king to deprive him of his kingdoms by force of arms . in all which antichristian proceedings the pope being both judge and party , & k. john the only person injured ; these his own wrongs , frauds , force , can give him no just title by any laws ; frauds and circumventions being expresly ( a ) prohibited christians in the gospel , especially towards one another . it is an old teceived maxim in all laws , ( b ) fraus & dolus nemini patrocinantur ; whence charters , dowers , remitters gained by fraud , collusion , circumvention , force , are meer nullities . that ( c ) nemo in propria causa potest esse judex ( especially if judex & testis too . ) yea pope gregory the i. and a whole council denouuced an anathema against the pope himself , or any other that should presume to be a judge in his own cause , sive in rusticano , sive in urbano praedio ; ( much more then in case of two kingdoms ; ) whence bartholomeus buxiensis , dr. john thierry and other canonists in their glosses on gratian , caus : . qu. . resolve downright papa in sua causa judex esse non debet ; yet alvarus pelagius de planctu eccles : l. i. artic : , . affirms the contrary upon this strong presumption and supposition : quod non debet aliquam causam a se remittere , immo non potest ( licet suspectus ) quamdiu est papa , papa enim aut sanctus est aut sanctus praesumitur ; non enim praesumendum est quod alias faciat papa quam christus vel petrus cujus est vicarius & successor ; which presumption ceased in king johns case , neither of them being ever judges in their own case , but submitting to the judgement and execution of the civil magistrate ; and never denouncing such interdicts , curses against any , nor procuring such a surrender , charter of temporal kingdoms to themselves as the pope did here ; much lesse by such unchristian practises . to which i shall adde , that this is a maxim frequently resolved in law-books by all the judges of the realm , that none can be judge in his own case , who have further adjudged , that d if an act of parl : make any person judge in his own case , the very act it self is voyd in law , being against the law of nature , which ought not to be violated , and all judgements given thereon are voyd . since therefore all these judgements of interdict , excommunication , deposition , transferring his crown to the french , this agreement from rome , and oath to perform it , were all made by the pope himself , both judge , party , chief witnesse , and his professed enemy too , and that upon his legates and bishops bare informations and false suggestions ; in kings iohns absence , without oath , summons , or liberry to purge himself before any lawfull , indifferent judge , arbitrator , or tribunal ; thereupon the charters on this account are meer nullities in law to all intents and purposes . ly . if pope innocents deprivation of king john and his heirs , and giving away his crown to the king of france and his heirs were good in law , ( as he reputed them ) then king john after this sentence and grant to the french king had no power to resign to , or resume his crown and kingdoms from this pope ; nor he to approate them to himself as st. peters patrimony , against his grant to the king of france , who by his own command was at so prodigal expence in raising an army to take possession thereof . and so this resignation , charter voyd by his own act. ly . it is a received maxime in the lawes of [ a ] england , ( seconded by sundry statutes , hundreds of resolutions by all the learned judges of the realm from age to age ) that if the king be misinformed , circumvented ▪ or mistaken in the considerations , grounds , motives of his grants , especially by the circumvention of those to whom they are made ; the charters of grant in such cases are meerly voyd to all intents . therefore this charter must be so above any i ever yet read . for . it recites , that king iohn publikely acknowledged , he had offended god , and his holy mother the church ( meaning the pope and his traiterous exiled bishops ) in many things , for which he much needed gods mercy ; to wit , in not admitting stephen langton , unduly elected , to be archbishop by this popes own practises , force , fraud , against the just rights of his crown and liberties of the church of england ; in not submitting to his impious interdict , but commanding all bishops , priests , to celebrate divine service , sacraments notwithstanding it , and punishing those who disobeyed ; in not subjecting himself to his excommunications , unreasonable demands , seising the temporalties , goods of his treacherous bishops , and refusing to restore them , for interdicting his realm , and depriving him of his crown , &c. when as this pope and they on the contrary by these impious proceedings , had more highly offended god , his church , & the king , for which they more needed mercie , and to make publike acknowledgement and satisfaction thereof to the king by some humble addresse ; rather then to extort this charter from him upon such a false surmise . ly . that he needed to humble himself and both his kingdoms , for these his pretended personal sinnes , whereof his kingdoms ( especially ireland ) were not guilty , and so needed not to be humbled for them . ly . that he had nothing fit or worthy to make satisfaction to god or his church for these his surmised sins , but the humbling of himself and his kingdom so farr as this ( against all rules of law , justice , and without president in any precedent age whatsoever in sacred or prophane storie ) to resign both his crown , kingdoms to this pope and his successors , resume them from his legat as his tributary ▪ under an annual rent ; and to swear homage and fealty to him and them ; when as god himself ( the king of kings ) never required any such satisfaction from the worst of the kings of israel and iudah ; and this satisfaction was neither actually made to god , nor yet to his church , but meerly to pope innocent himself and his successors , who was then neither god , nor his church , but a professed enemy to both ; as his above six years continued interdict and proceedings demonstrate . besides , the church offended by his proceedings , if any , was the church only of england , by the archbishops , bishops , and monks of canterburies , confiscations and exile ; not the church or pope of rome , who had no right to dispose of the see of canterbury , or any of the bishops and monks seised temporalties : therfore the satisfaction and charter should have been only made to the church of england , and those bishops , monks , not to this pope nocent , and his successors . ly . the satisfaction that was made ▪ by the king to the archbishop , bishops and monks , in admitting , restoring them to their temporalties , goods confiscated , and what ever unreasonable dammage they could pretend to , ( though arch traitors , rebels , enemies to him , deserving rather a gibbet , after so many successive treasons and practises against him ; ) was more then sufficient , ( being then made and secured to the church he had offended ) without this resignation , or oblation of his kingdoms to this pope , by this charter , and swearing homage to him . and so the charter void upon this account . ly . that this charter was made by the inspiration of the holy ghost , is as direct a lye and blasphemy against the holy ghost , as that of ananias to st. peter ; who lyed not only to men , but to * god. for , . the holy ghost never instructed any king to resign up his kingdoms , without his subjects consents , to any who had not the least right or pretence thereto . ly . he never taught any pope , prelate , apostle , or clergy-man , to receive crowns , scepters , kingdoms , or oaths of fealty , homage , and subjection from kings to them , as their vassals , but expresly prohibits them to do it ; commanding them to live in subjection to them , and not intangle themselves in tho affairs of this world ; as i have largely demonstrated . ly . the * premised , passages of mat : paris , mat. westminster , and others assures us , that pope innocent , and his legate pandulphus inspired those motions into king john , which induced him to make this charter ; which were full of antichristian menaces , and untruths , ( as that near all the barons and commons of england , had by their * charters promised homage and fealty to the king of france , and to assist him to seise his crown and kingdoms by force of arms , &c. ) now whether such an insolent impostor as pandulphus , such an antichristian pope as this innocent , were in truth the holy ghost , or their false fraudulent menaces , surmises , infused into this king , by the inspirations of the holy ghost , or can be so reputed without blasphemy , let all sober christians judge ; they really proceeding from the very father of lyes , the * devil . ly . this pretended holy ghost inspired him , to insert these . notorious lyes , and false suggestions together into the very next words of the charter : . that he did it , non vi inducti ; so the later charter , but the first , non vi interdicti ; . nec timore coacti ; . sed nostra bona spontaneaque voluntate ; ( which . * all the premised passages disprove . ) . ac communi consilio baronum nostrorum offerimus , as the last ; or conferimus , as the first charter . ( contradicted by the * barons themselves , king henry the d. the whole kingdom , and their proctors to the popes face in the council of lyons , king edward the d. and his whole parliament , by our historian , yea the french king and all his nobles , as you have heard . ) . libere concedimus , &c. ly . deo , & sanctis apostolis petro & paulo , ( who neither required , approved , nor accepted this satisfaction , nor to whom king john ever intended it . ) ly . et sanctae ecclesiae romanae matri nostrae , ( she being then his and our churches stepmother , enemy , not mother ) all made stales to usher in this clause ; which hath the sole colour of truth : ac domino ( nostro is added in the last , not in the first charter ) papae innocentio , ejusque catholicis successoribus , totum regnum angliae , & totum regnum hyber niae ( the word nostrum is omitted in both charters , and annexed to neither ; therefore void in law ) cum omni jure , & pertinentiis suis : ly . for this pretended end ; pro remissione omnium peccatorum meorum ( the only supposed delinquent ) & totius generis nostri , tam pro vivis , quam pro defunctis ; the later whereof were no wayes privie to , not guilty of his surmised offences against the pope and church . which charter being against his oath , trust , office , duty , and the laws , increased his sins , but could no wayes tend towards the remission of them , as this pope and pandulphus untruly suggested . ly . it s nullity in law is most apparent , from these . grand defects : . king johns surrender of his crowns , kingdoms to pandulphus at least . dayes before , was only by word of mouth , not patent , or charter , and so voyd in law. ly . pandulphus had no special letter of attorny from the pope , either to receive this charter or surrender to the popes use , or regrant his kingdoms to king john under this special annual rent , homage , and other conditions . ly . here is no reconveyance of them from the pope or his legat to king iohn by any special bull , but only king johns bare charter to the pope . therefore all a meer void pageantry , passing just nothing . ly . the tenure of king john in the last charter quite subverts the popes title : for whereas the first runs ; et amodo illa ab eo , ( to wit , pope innocent ) the later is , amodo illa a deo , & ecclesia romana tanquam feodum ( the first is secundarius ) recipientes & tenentes . that the kings of * england hold their crowns , kingdoms , immediatly and only from god ( and king iohn as well as his predecessors , not from the pope or church of rome ) i have formerly evidenced : therfore he by this charter holding and receiving it only from god ( not the pope ) to whom he here granted it , ( as concedimus deo evidenceth ) * by whom alone kings reign , & receive their kingdoms , the pope being not mentioned in this clause , and the church of rome no party to this charter , nor proprietarie of our realms , nor exalted so as to out god himself of the kings immediate tenure of his crown from him alone , as his soveraign lord , the charter must needs be void ; ly . upon this account , the oath of homage made and sworn by the king to pope innocent in the presence of his legat pandulphus , seeing all the branches thereof relate only to him and his successors , not to god , st. peter , st. paul , or the church of rome ( only inserted for a blind , in the prologue , not in any branches of the oath ) must necessarily be void in law and conscience ; else god the supream landlord , and his church alone commanding one thing , and the pope another contrary thereunto , ( as oft he doth ) the king and his successors by his oath and homage should be bound to obey the pope , before god or the church , under pain of forfeiting their right in the two kingdoms , which were both irreligious and absurd . ly . the clause whereby the king obligeth his heirs and successors to do homage to the pope and his successors , and not to contradict any thing in this charter under pain of forfeiting his right to these kingdoms , is contrary to the rights and prerogatives of the crown , specially excepted out of this grant , yea contrary to the coronation oath , and laws of the realm : therefore it makes the charter null to all intents , of which anon more largely . ly . it is observable , . that the thousand marks yearly pension for england and ireland at two several feasts , michaelmas and easter , is no reservation made by the pope , ( and so no rent-service at all ) but a special grant of the king himself . ly . that he granted it only as an indicium , or token of this his perpetuae oblationis , ( so the last charter , not obligationis as the first ) & concessionis thrice stiles it : therefore being only an oblation ( not * obligation ) made by him unto god to expiate his sins ; it could not be a tribute , rent-service or rent-charge , but a meer voluntary pension . ly . that he granted it only de propriis & specialibus redditibus nostris ( not haeredum nostrorum , a great flaw ) praedictorum regnorum ( without the word nostrorum in the first , inserted into the last ) and so out of his exchequer only , not his demesnes . ly . that it was in lieu of all other services ; pro omni servitio & consuetudine ( quae in the first , but quod in the later charter ) pro ipsis facere debemus ; except only peter-pence : therefore no tribute , but a pension , to exempt him from all other duties formerly exacted out of either kingdom , not a rent , or service now due by his resignation & resumption of his crown and kingdom from the pope . ly . that this annual oblation is not granted by the king to god , or to st. peter , and st. paul , ( the chief pretended landlords ) and which is more considerable , not to pope innocent himself and his canonical successors , but only ecclesiae romanae ; now although * alvarus pelagius informs us , vbicunque est papa , ibi est ecclesia catholica ; yet whether the pope alone , or the pope with his cardinals , or the pope with his cardinals and diocesan bishops , or the pope and a general council joyntly ; or a general council alone , or the cardinals , and clergy of rome , without the pope , be the church of rome , is yet * unconcluded , undecided by their great doctors ; and so the grant void for uncertainty . ly . there is no grant or clause of distress , interdict , excommunication , sequestration , entry into the demesne of these realms , or any other coercive means to recover this rent in law or equity , if in arrear and unpaid at the terms in this charter mentioned , ( a very great oversight ) and so a meer voluntary pension , oblation to be paid at will , but no tribute or real rent , as hath been generally mistaken . now because i found no mention in our histories of any payment of this annuity or oblation to this pope or his successors , by king john himself , or any of his successors , but only an intimation by king henry the d. and kingdom ( complaining against it in the council of lyons , and endeavouring an exemption from it ) that it was demanded , and paid too as a kind of tribute and publike grievance ; i did for my own satisfaction make diligent search in the liberate , clause and patent rolls , to discover what demands and payments were heretofore made thereof by any king ; which i shall here ptesent you with as a rarity not formerly observed by any . upon my strictest search , i can find no payment thereof to pope innocent by king john himself which granted it , but only † for one year before-hand when he sealed his charter ; who dying about . years after , during which his kingdom was infested with civil wars between him and his barons , invaded by lewes of france made king by the barons in his stead , his lands , rents seised , his treasure exhausted , and the people every where miserably plundered , it is probable there neither was nor could be expected any other punctual payment of it . his son and successor h. the d. being an infant , crowned at glocester by walo the popes legat , ( who was very instrumental to restore him to his crown , and expell lewes , only to preserve the popes interest rather then the kings ) after his coronation oath , by this legats means , fecit homagium stae romanae ecclesiae et dom : innocentio papae de regno angliae et hiberniae ; et juravit , quod mille marcas quas pater ejus tulerat romanae ecclesiae ( therefore his fathers meer grant , not popes reservation ) fideliter persolveret quamdiu praedicta regna teneret ; as * matthew paris records ; yet notwithstanding this oath ( made by an infant king not ten years old , and so void in law ) i cannot find in the liberate rolls ( where all warrants for payments of all pensions granted by the king , or sums of money issued out of his exchequer to any persons are carefully entred ) any warrant to pay this oblation , till the th . year of king henry the d. ( full years after its first grant by king john ) when the king upon an extraordinary occasion to work his ends with the pope and cardinals , and to advance , gratifie his chancellor , issued this ensuing warrant . rex e. thesaurar : & camerariis suis salutem ; liberate de thesauro nostro magistro stephano clerico domini papae , ad opus ipsius domini papae , de annuo censu , eidem domino papae debito , de termino sancti michaelis anno , &c. xi . et de termino paschae , anno &c. xii . teste rege apud westm : die febr : anno &c. xii . the ground of this warrant i conceive to be this : after the death of stephen langton , the monks of canterbury gaining the kings license to elect an archbishop , chose * walter de hevesham a monk , whom the king refused to allow of for sundry reasons , resolving to make richard his chancellor archbishop : walter posting to rome to get confirmation and consecration from the pope , and the kings proctors there excepting against him ▪ pressing the vacating of his election , and making richard archbishop with much importunitie , they could not prevail with the pope or cardinals to stop walters confirmation , or promote richard , till habito tractatu detestabili de praemissis , promiserunt domino papae ex parte regis anglorum decimationem omnium rerum mobilium , ab universo regno angliae & hyberniae , ad guerramsuam contra imperatorem sustinendam , ut eos in regis proposito exaudiret : whereupon the pope and cardinals forthwith vacated walters election for his insufficiency , and made richard archbishop . no doubt the same occasion drew on the payment of this pension , being both the same year , and the warrant after the tenth promised , was most probably seconded with a promise of paying this pension , else the pope and cardinals would not have so readily gratified the king in this his importunate sute : which being fully granted , the king by way of gratitude made this other warrant for payment of this annual pension the very next year , for one moiety at michaelmas . and another moiety at easter . of his reign . rex w. thesaurario & camerariis suis salutem liberate de thesauro nostro magistro stephano capellano domini papae ad opus ipsius domini papae quingentas marcas de termino sancti michaelis anno regni nostri duodecimo ▪ et quingentas marcas de termino paschae anno , &c. decimo tertio de annuo censu suo mille marcarum . teste rege apud westmonasterium quinto die maii , anno , &c. decimo tertio . the king having now obtained his end , by these two successive annual payments , had no minde nor care to pay it afterwards , the rather because the pope and his cardinals fell at variance about it ; the cardinals demanding the moity thereof , as reserved not to the pope and his successors , but to the church of rome , of which they were the most noble members and pillars , they being much displeased with king henry for paying the whole thousand marks to the pope alone , and not paying the moity thereof to them . whereof the king being informed , to avoyd the cardinals causeless displeasures , and continue in their favours of which he had then special occasion , and withall to please the pope whose counsel and assistance he then needed , and implored , writ thus unto the cardinals in the th . year of his reign . viris venerabilibus & amicis in christo karissimis , universis dei gratia sanctae romanae ecclesiae cardinalibus , h. eadem gratia , rex angliae , &c. salutem , & sinceram in domino dilectionem . quia ex quorundam relatione ad nos pervenit , quod aegre fertis et indignanter quod de annuo censu sanctae romanae ecclesiae debito , a regno angliae et terra nostra hiberniae quingentas marcas non percipitis , cum * ejusdem ecclesiae membra sitis nobilia , et collumpnae , set in summi pontificis cedit indivisus . ne a vobis indignationem ea de causa reportemus , tanquam pro voluntate nostra censum illum dividere possimus , & ne solutio talis nobis imputetur , universitati vestrae significamus , quod in prima concessione illius census , insertum fuit in charta domini iohannis regis patris nostri inde consecta , quod sanctae romanae ecclesiae redderetur census memoratus pro indiviso . nosque innitentes tenori ejusdem chartae , hucusque censum illum domino papae n●mine memoratae ecclesiae solvere consuevimus , per certum nuncium suum literas suas nobis deferentem ; penitus ignorantes bucusque , utrum domino papae integre remaneret , aut divise . vt igitur appareat innocentia nostra in hac parte , & habita de nobis tollatur suspicio , rogamus attentius quatenus erga dominum papam instare velitis & procurare , quod nobis det in mandatis , quod de quingentis marcis illius census divisim , vobis respondeamus , & nos promptos invenietis & paratos inde gratanter vobis respondere : in aliis & aliis gratiam a vobis promereri cupientos & favorem . teste rege apud westmonasterium vicesimo quinto die februarii . at the same time the king writ and sent several letters to the pope , and to every cardinal severally , closely sealed , and a general letter to all the cardinals , unsealed , by his procurators , imploring an extraordinary favour from them , which partly induced him three years after to pay this pension as formerly , and leave it to themselves to divide , as these letters to them more then insinuate , compared with the former . reverendo domino ac patri in christo sanctissimo g. dei gratia summo pontifici h. eadem gratia rex angliae , &c. salutem & tanto patri debitum honorem & reverentiam . sperantes ob affectionem sinceram , quam erga personam nostram , & regnum nostrum similiter vestri gratia geritis , quod paternitati vestrae placere debeat , si de statu nostro simul & regni nostri tranquillitate laeta ad nos perveniant , significandum vobis duximus : quod quoad personam nostram in bona ( benedictus deus ) sumus prosperitate , & quoad regnum nostrum , in quiete & optata pacis tranquillitate consistunt universa . magnatibus de terra nostra singulis & universis cum clero votis nostris unanimiter concordantibus , nobis in mera & mutua dilectione permanentibus . ita quod spem habemus in domino certissimam a duritia temporum praecedentium quibus hucusque enormiter gravatum est regnum nostrum , tum per hostilitates , tum per discordias pluries exortas respirare , & statum nostrum & regni nostri , in melius reformare . nec est ad presens quod prosperitati terrae nostrae gravius se opponat , quam sterilitas anonae precedentis simul & presentis , & defectus eorum sine quibus stare fragilitas humana non potest . hac quidem adversitate gravius impeditur status regni nostri quo melius in plena consistit prosperitate . cum autem quaedam negotia habeamus specialia pro quibus necesse habemus sedis apostolicae consilium & auxilium implorare , dilectos clericos nostros magistrum willielmum de kilkenny , & robertum de summercote , quibus negocia ipsa commisimus sanctae paternitati vestrae plenius exponenda , commendamus rogantes attentius & devote , quatenus ipsos vel alterum eorum , si ambo presentes esse non possint , benigne ac mansuetudine solita admittentes , negotia illa favorabiliter prosequi velitis , & nos tanto favorabilius exaudire quanto sanctae romana ecclesiae ( quae honorem nostrum sui reputare debet honoris incrementum ) filii sumus specialiores , & ad eaquae in omnibus suum respiciunt profectum sumus promptiores . memorati quidem clerici nostri vel alter illorum causas sufficientes & tationes supplicationis nostrae efficaces sanctitati vestrae plenius exponent . quae quidem ad favorem & gratiam nobis impendendam vos non immerito inducere debent & movere , de incolumitate vestra , quam ecclesiae suae & nobis conservet altissimus , petimus si placet , vice versa certificari : teste rege apud westmonasterium vicesimo quinto februarii . eodem modo scribitur singulis cardinalibus per literas clausas , & universis , per literas patentes . the next warrant i find in record for paying this pension , is in the liberate roll of . hen. . wherein i desire the reader to observe , that notwithstanding the kings complemental letter to the cardinals concerning his accustomed manner of paying this mighty pension to the popes special nuncioes : yet it was not at all payd by him , from the . year of his reign , till the . year ; and then only for his th . year and no more , so that he and his cardinals needed not to have quarreled about dividing it , when it was not at all payd ; and that not as a rent , but bare voluntary oblation or annuity payable at pleasure , not of meer right or duty . rex thesaurario & camerariis suis salutem : liberate de thesauro bonacurs ingelesk , amery cosse & sociis suis mercatoribus florentinis , mille marcas ad opus domini papae de annuo censu su● , videlicet de termino paschae anno. xvi . et de termino sancti michaelis anno eodem . teste p. wintoniensi episcopo apud westmonasterium , vicesimo tertio die jan. from h. . this pension was detained and not paid , by the general consent of the king and kingdom , as appears by matthew paris his * forecited passages , anno . and . their complaint against it in the council of lyons , and the kings resolution never to pay it more whiles he lived : for which general complaint , pope innocent the th . anno . was so incensed against the king and english , that he studied to be revenged of the king and kingdom , endeavouring to engage the french king to warre against them , as * matthew paris thus informs us . eodem tempore ortus est rumor sinister , & ex rumore suspicio non modica , quod dominus paparancorem in corde retinuit , cum tamen non subfuisset causa rationabilis : iratus est valde , et multiformiter ampullose coepit comminari anglorum regi et regno , ut si posset fredericum edomare , et per consequens recalcitrantium anglorum qui de oppressionibus romanae curiae , et maxime de tributo in concilio conquesti sunt , insolentem superbiam conculcabit . non enim , ut ei videbatur , licuit miseris anglis , pro multiformi etiam injuria ( so they reputed this annual pension amongst the rest , as the greatest ) flagellatis lachrymari vel mutire . conabaturque in illo diuturno ac secreto colloquio , quod habuit apud cluniacum cum rege francorum , persuadere & acuere regem ipsum , ut insurgeret ad tantae injuriae vindictam tantam , ut ipsum regulum anglorum , vel usque ad exheredationem impugnaret , vel enormiter laesum sese omni mode voluntati romanae curiae , vellet , nollet inclinaret . et ad hoc juvaret eum omni conatu ecclesia et papalis authoritas . quod constanter rex francorum dicitur renuisse , tum quia ipsi reges consanguinei sunt , & eorum reginae sorores : tum quia jus non habet rex francorum in regnum angliae manifestum : tum quia treugae inter ipsos reges initae sunt quas maluit prolongare , ratione peregrinationis suae , quam proditiose rescindere : tum quia instabat validior inimicus & ecclesiae romanae nocivior , videlicet fredericus edomandus : tum quia antequam regnum angliae , francis cederet , non modicus sanguis christianus effunderetur : tum quia christiani in terra sancta jam a paganis oppressi & obsessi regis francorum adventum desideratum , quasi naufragantes aurae lenioris prosperitatem praestolantur . before all which sober , serious , christian considerations , this antichristian pope endeavoured to preferre his own private revenge , and thousand mark annual pension out of england and ireland , thus complained against and then detained . the very next year after , h. . i find this warrant issued for its payment , to the treasurer of the new temple , as a meer voluntary annual pension issuing out of his exchequer . rex thesaurario & camerariis salutem . liberate de thesauro nostro fratri roberto de sukelinghall thesaurario novi templi london . mille marcas de anno xxxi . de annuo censu mille marcarum quem idem dominus papa percipit ad scaccarium nostrum : primo die octobris anno regni nostri xxxi . this warrant was granted only ( as appears by matthew paris his history of this year ) to induce the pope to indulge this frivolous priviledge , that when ever the pope conferred any bishoprick or benefice in england upon his cardinals or nephews , or any italian by his provisions , they should earnestly petition the king , it might be thus provided : by which he was the more inslaved to the popes usurpations , instead of being exempted from them . the next warrant i have found for its payment , is . years after , and that only for that year , ( h . ) without stiling it a duty , which was to issue only out of the kings exchequer , like other ordinary pensions . this payment was ( as i suppose ) to obtain the popes favour to confirm aethelmare the kings brother bishop of winchester , which he did this year at the kings sollicitation , * non obstantibus juventute , & literarum ignorantia , & omnimoda ad tantam dignitatem , & tot animarum regimen insufficientia . concessa est etiam eidem ab domino papa tantagratia , ut prius obtentos redditus retineret , procuravit enim haec omnia urgenter domini regis vigil diligentia . rex thesaurario & camerariis suis salutem , liberate de thesauro nostro ad opus domini papae , mille marcas , de termino sancti michaelis , anno &c. xxxv . de annuo censu mille marcarum quas percipit ad scaccarium nosirum . teste rege apud westmonasterium decimo nono die octobris . per regem . for above . years next ensuing i find no warrant at all for its payment ; but in the liberate roll of h. . i meet with this warrant for paying one thousand marks , not for that , but the precedent year . rex thesaurario & ▪ camerariis suis salutem ; liberate de thesauro nostro fra●i iohanni de kanciae de ordine fratrum minorum nuncio domini papae in angliam , mille marcas ad opus ipsius domini papae de anno regni nostri quadragesimo quarto , de annuo censu mille marcarum quas percipit ad scaccarium nostrum . teste meipso apud windes . sexto die februarii . the principal cause of this warrant was ( if i mistake not ) to procure the popes dispensation with his oath made to the barons for observing the statues made by them at oxford , which he sollicited for and received this year , as * mat. paris informs us , poenituerat eum jam jurare taliter , metuens quodammodo notam perjurii , misit igitur ad papam secretè , rogans , ut ab hoc se juramento absolveret , quod facillimè impetravit ; and thereupon issued this warrant for this years pension . after this warrant it continued unpaid for . years together , whereupon the pope to allure and enable the king to pay him the . years arrears , with a greater overplus to his own coffers , gave him a tenth to be collected of the clergy and religious persons throughout ireland ; whereupon the king issued these two patents in the . year of his reign to the collectors of this tenth , to make payment thereof without delay out of the tenths collected , which should be allowed them on account , being the first warrant of this nature . rex dilecto clerico suo magistro willielmo de bakepuz , & soci● suo collectoribus decimae sibi a sed● apostolica concessae in hibernia , salutem . cum sanctissimo patri domino clementi papae quarto teneamur in septem millibus marcis de areragiis annui census mille marcarum quas de nobis percipit ad scaccarium nostrum , quam quidem pecuniam , de decima nobis concessa in hybernia persolvi volumus sine mora : vobis mandamus quod predicta septem millia marcarum magistro senicio ipsius domini papae clerico , vel ejus certo nuncio has literas deferenti modis omnibus liberetis de decima aute dicta , & nos eas in eadem decima volumus allocari ; in cujus , &c. teste rege apud sanctum paulum london . vicesimo sexto die julii . rex venerabilibus patribus o. sancti adriani diacono cardinali apostolicae sedis legato , & w. eborum archiepiscopo angliae primati , & discretis viris magistris s. cantuar. & r. cleiveland in ecclesia eborum archidiaconis salutem . cum sanctissimo patri domino c , papae teneamur in septem millibus marcarum de arreragiis annui census mille marcarum quas de nobis percipit ad scaccarium nostrum , quam quidem pecuniam de decima nobis concessa in hibernia persolvi volumus sine mora . uos rogamus quatinus predicta septem millia marcarum eidem domino papae omnibus modis assignetis de decima antedicta ▪ et nos eas in eadem decima faciemus allocari ; in cujus , &c. after this for two years space and an half this annuity remained unpayd , and then the king at the popes importunity anno. . of his raign , sent these letters patents to the bishop and dean of lincoln , to pay it without delay or difficulty to the nuntio of the sea apostolick and church of rome , out of the tenthes of the diocesse of lincoln , promising to allow it , and allowing it on their account by this patent . rex episcopo & decano lincolniae salutem . cum vos assignaverimus ad satisfaciendum magistro sinicio apostolicae sedis & ecclesiae romanae nuncio et procuratori , nomine ipsius ecclesiae , de duabus millibus quadringentis et uiginta et una marcis quatuor solidis sex denariis et obolo in quibus eidem ecclesiae tenemur pro arreragiis annui census mille marcarum , quas dicta ecclesia de nobis percipit ad scaccarium nostrum , quam quidem pecuniam de summa nobiscum pro decima lincoln . dioc. conventa persolvi volumus sine mora ; vobis mandamus quatinus pecuniam predictam prefato magistro sinicio , vel ad ejus mandatum nomine predictae ecclesiae sine dilatione , vel difficultate aliqua , modis omnibus vos vel alter vestrum plenarie liberetis de summa predicta . nos enim pecuniam ipsam quam eidem vel ad ejus mandatum solveritis , unde liter as suas de acquietancia penes vos habueritis , vobis in summa predicta nobiscum conventa volumus allocari , & per presentes literas allocamus ; in cujus , &c. teste rege apud westmonasterium decimo die novembris . this is the last payment during king henry the d. his reign , who paid it with much reluctancy and unwillingnesse , delaying it many years together , and never issuing out warrants to pay it , but when he had extraordinary pressing occasions to make use of the popes and cardinals favour and assistance , whereby he might reap far greater advantages then the damage of its payment now and then at his own pleasure , amounted to . king henry the d. deceasing in the . year of his reign , and king edward the . succeeding him , pope gregory the x. in the d. year of his reign , sent this complemental bull unto him , ( the original whereof i found in the white tower , with sundry other bulls of consequence , long buried under dust and cob-webs ) humbly requiring and beseeching the king to assist and advise nogerius his chaplain , in collecting the tribute of the church of rome , and peter-pence , in england , wales , scotland , and ireland , to give him a safe conduct whenever desired , and particularly to assign unto him freely and fully seven years arrears , formerly due , and that present years annual pension , wherein he stood bound to the church : the transcript whereof i shall here present you with . gregorivs episcopus servus servorum dei , charissimo in christo filio edwardo regi angliae illustri , salutem & apostolicam benedictionem . quod ad benevolentiam tibi , & favorabilem matrem tuam romanam ecclesiam reverentiam jugiter exhibens filialem , non solum de juribus in quibus teneris eidem promptitudine sibi respondeas liberali , immo etiam ubicunque de suis pertractandis negotiis agitur fructuosus adjutor & propitius habearis , firmam spem gerimus & infallibilem fiduciam obtinemus . cum itaque dilectum filium magistrum de nogeriis , capellanum nostrum , nobis & fratribus nostris merito suae probitatis acceptum , pro censibus colligendis , et denario beati petri , ac debitis praefatae ecclesiae requirendis , aliisque nostris , et ipsius ecclesiae negotiis , ad partes angliae , walliae , scotiae , & hyberniae , jamdudum duxerimus transmittendum ; celsitudinem regiam requirimus attentius & rogamus , quatenus capellanum ipsum benigne recipiens , & honeste per tractans annuum censum , in quo constat eidem ecclesiae te teneri , pro instanti et septem transactis annis , in quibus non fuit census hujusmodi persolutus , capellano ipsi nostro , et ecclesiae memoratae nomine llberaliter facias , et integre assignari dictum capellanum praefata negotia promoventem , habens circa illa pro nostra , & apostolicae sedis reverentia propensius commendatum , eidem super hiis ac etiam in securo conductu per reginum tuum cum ab ipso fueris requisitus auxilium opportunum & consilium impensurus . ita quod proinde serenitatem regiam dignis laudrbus gratiarum actionibus prosequamur . ; dat. lugduni viij . idus novembris . pontificatus nostri anno tertio . i cannot find in the liberate or other rolls , that those arrears were ever satisfied by king edward the . which incurred in his father king henry the d. his reign : but by pope martin the th . his bull , and his nuncioes solemn acquittance to him , declared by his agreement before witnesses of quality , and attested under their seals , it appears , that king edward the . after a treaty about these . years arrears , was contented and promised to pay . marks for . years incurred during his reign , at the feast of michaelmas , anno . by the hands of foreign marchants there named , the receipt whereof he acknowledged by his bull , in form following . martinvs episcopus servus servorum dei , karissimo in christo filio edwardo regi angliae illustri salutem & apostolicam benedictionem . exparte tua fuit propositum coram nobit , ut cum de annuo censu mille marcarum argenti in quo ecclesiae romanae teneris pro dctennio jam transacto in festo beati michaelis de mense septembris tunc currente anno domini milesimo ducentesimo septuagesimo septimo , terminato , ipsi romanae ecclesiae fuerit pro parte tua per diversas solutiones integre satisfactum , nec fueris de satisfactione hujusmodi a sede apostolica opportunas quietationis literas assecutus . petebatur a nobis ut providere tibi in hac parte paterna diligentia curaremus . nos igitur petitioni tuae , utpote justae benignius annuentes , praesentium tenore fatemur , de censu hujusmodi pro prefato dctennio fore prefatae romanae etclesiae satisfactum . ad tuam tuorumque heredum cantelam & futuram memoriam presentes tibi literas concedentes . dat. apud urbem veterem . non. feb. pontificatus nostri anno primo . universis presentes literas inspecturis gifredus de vezano canonicus cameracensis , camerae domini papae clericus , apostolicae sedis in anglia nuncius salutem in domino . noveritis nos litteras apostolicas vera bulla & integro filo bullatas recepisse in haec verba . martinus episcopus servus servorum dei gifredo camerae nostrae clerico salutem & apostolicam benedictionem . cum super solutione annui census mille marcarum sterlingorum in quo karissimus in christo filius noster rex angliae illustris pro triennio preterito et etiam pro instanti anno in proximo terminando nobis et ecclesiae romanae tenetur , tibi , nostro et ipsius romanae ecclesiae nomine facienda , sub certa forma eundem regem per nostras literas requiramus . nos de discretionis tuae industria plenarie confideutes , faciendi eidem regi nostro & ecclesiae prefatae nomine , refutationem plenariam de hujusmodi censu quatuor annorum postquam de illo tibi nostro , & ipsius ecclusiae nomine fuerit integre satisfactum , plenam tibi authoritate presentium concedimus facultatem . dat apud urbem veterem duodecimo kalend septembris . pontificatus nostri anno primo . cumque serinissimus dominus edwardus rex angliae illustris uobis nomine sanctissimi patris domini martini summi potisicis & romanae ecclsiae pro annuo censu mille marcarum in quo idem rex summo pontifici et ecclesiae romanae tenetur quatuor millia marcarum sterlingorum per manus barontini walteri , richardi , gudicionis , & henerici de podio de societate ricardorum de luka , pro quatuor annis in premissis literis apostolicis comprehensis & terminatis in festo sancti michaelis proximo praeterito currente anno domini m●llefimo ducentesimo octogesimo primo persolverit , et recognoscamus et confiteamu● de ipsis quatuor millibus marcarum nobis esse promissi nomine a dicto domino rege per manus dicttorum b●tuntini , ricardi et henrici pro supradictis quatuor annis integre satisfactum . nos concess a nobis per easdem literas apostolicas facultate facimus eidem domino regi nomine domini nostri summi pontificis & romane ecclesie refutationem plenariā de hujusmodi censu praedictorum quatuor annorum de quibus praefatae litterae apostolicae faciunt mentionem , et qui in dicto festo sancti michaelis proximo praeterito terminati fuisse noscuntur . in quorum omnium testimonium has literas patentes fecimus & sigillo nostro munivimus . et venerabiles patres domini godefridus wigornensis & willielmus norwicensis episcopi , ac magister ardicio primicerius mediolan . domini papae capellanus & in anglia nuncius , qui dictas litteras apostolicas viderunt , & recognitioni , ac confessioninec , non refutationi premissis interfuerunt sua sigilla praesentibus apponi fecerunt , ad majoris roboris firmitatem . dat. london . sexto idus novembris anno domini supradicto . et memorandum quodistae duae literae precedentes liberatae fuerunt thomae de gunneis , apud cestriam die sabbati proximo ante festum apostolorum petri & pauli anno &c. decimo per manum johannis de langeton , in garderoba regis custodiendae . king edward was very backwards to pay this pension any more , so that pope martin the th . dying , anno . and hmorius the th . succeeding , sent letters to the king , requesting him to pay . years arrears then due unto him , which he refused or neglected to do during his papacy : whereupon pope nicholas his successor in the . year of his reign , sent this bull unto him , entred in the clause rolls , requiring him to pay the said . years arrears , and . years more since incurred , intirely and freely , that so he receiving it gratetully , might from thence deservedly commend his munificence : intimating thereby , that it was rather a voluntary bounty , then duty in this king to pay it , who thereupon issued a warrant to his treasurer for payment thereof , and to receive an acquittance for it ; the transcript whereof i shall here present you with . nicholaus episcopus servus servorum dei , charissimo in christo filio edwardo regi angliae illustri , salutem & apostolicam benedictionem . honorem tuum fili charissime decere credimus , ac tui & regni tui profectibus expedire , ut quod juste debes sacrosanctae romanae ecclesiae , matri tuae , sic promptus exolvas , quod gratiam acquiras ex debito , & commendari mereatur celsitudo regia ex affectu . cum igitur census annuus mille marcarum sterlingorum a te , sicut nosti , eidem romanae ecclesiae debeatur , ac felicis recordationis honorius papa quartus , predecessor noster super solutione ipsius census , de tribus annis debiti facienda a te sub certa forma tibi direxerit scripta sua , et nondum camerae sedis apostolicae de dicto censu pro eisdem tribus annis satistactum existat , serenitatem regiam requirimus et rogamus attente , per apostolica tibi scripta mandantes , quatenus censum ipsum pro eisdem tribus annis jam praeteritis et etiam pro duobus sequentibus terminandis in proximo futuro festo beati michaelis , dilecto filio magistro giffredo camerae nostrae clerico in anglia commoranti , has tibi literas praesentanti , nostro et ecclesiae praedictae nomine facias integre et liberaliter assignari . ita quod nos id gratum habentes magnificentiam tuam possimus exinde merito commendare . dat. rome , apud sanctum petrum , iiij . kalend. maii. pontificatus nostri anno primo . et memorandum quod die veneris proxima post festum assumptionis beatae mariae , anno regni &c. decimo septimo apud ledes , liberata fuit ista bulla , magistro willielmo de luda , tunc custodi garderobae domini regis , in eadem garderoba custodienda . upon receipt hereof , the king to gratifie this pope , ( of whose favour and assistance he was then to make extraordinary use , about his great affairs in france and gascoign , as is evident by his letters and proxies to him and his cardinals , entred in rot. vasconiae anno e. . pars . m. . dorso ) issued this warrant to his treasurer to pay these arrears . rex thesaurario & camerariis suis salutem . liberate de thesauro nostro magistro giffredo de vezano , domini papae clerico , quinque millia marcarum per manus suas eidem domino papae liberand . de annis regni nostri duodecimo , tertiodecimo , quartodecimo , quintodecimo , et sextodecimo , videlicet de quolibet anno mille mat cas , de annuo censu mille marcarum , quem idem dominus papa percipit ad scaccarium nostrum : et recipiatis ab eodem magistro giffredo sufficientem quietanciam de pecunia suptadicta . teste rege apud ledes , decimo octavo die augusti . this is the very last demand and payment of this annual pension i can yet discover , by king edward the . or any of his successors ; the contests between this king edward , his successors , nobles , parliaments , and popes , growing so high concerning the title to scotland , provisions , first-fruits , and other usurpations on the king , crown , kingdom , church , people , that they would never pay this pretended , illegal tribute any more ; and when the pope intended about . years after this , to demand it and the arrears thereof from king edward the d. you have * heard how he and his whole parliament anno e. . resolved to withstand him therein with all their might , as being void and un-obligatory either to the king or kingdom . now left any pontificians should conclude from these recited voluntary payments of it by some of our kings now and then , that they admitted it a just right and duty , to which they were bound by king johns charter , the premises quite refute it , not one of our kings paying it constantly , willingly , cordially , as a duty , but meerly as a political bribe or gratuity , to get the quicker dispatch of their affairs they were then necessitated to transact at rome , where nothing would succeed well without money , and annual pensions too , ( of . . . marks by the year , besides other gratuities ) given and paid by our kings as well to cardinals and popes notaries , as to the pope himself , without which our kings themselves could hardly , and that with much expence and delay , obtain their justest suites . there are many presidents of such annual pensions given and paid to cardinals , notaries , officers of popes , in our patent and liberate rolls , for the foresaid ends . i shall present you only with these few instead of many others . rex omnibus ad quos , &c , salutem ; sciatis quod concessimus venerabili patri domino m. sanctae mariae in porticu diacono cardinali sexaginta marcas singulis annis ad scaccarum nostrum percipiendas , viz. ) unam medietatem ad scaccarium nostrum paschae , & aliam medietatem ad scaccarium nostrum sancti michaelis , donec per nos eidem uberius provideatur . in cujus , &c. teste rege apud westmonasterium decimo octavo die januarii . rex thesaurario & camerariis suis salutem . liberate de thesauro nostro dilecto clerico nostro magistro angelo domini papae notario decem marcas de termino paschae anno regni nostri . de annuo feodo suo viginti marcarum quod de nobis percipit ad scaccarium nostrum . teste rege apud westmonasterium vicesimo octavo die maii. rex eisdem salutem . liberate de thesauro nostro eidem angelo triginta marcas , de termino sancti michaelis anno regni nostri nono , et viginti marcas anno regni nostri decimo , de annuo feodo suo viginti macca rum quod de nobis percipit ad scaccarium nostrum . teste ut supra . rex omnibus ad quos , &c. salutem . attendentes affectionis sinceritatem & diligentiae sollicitudinem quas vener abilem patrem lucam de flisco sanctae mariae via lata diaconum cardinalem consanguineum & amicum nostrum carissimum erga nos & negotiorum nostrorum expeditionem gerere novimus et habere , quinquaginta marcas sterlingorum annuatim per aequales portiones ad scaccarium nostrum , videlicet in festis paschae et sancti michaelis percipiendas duximus concedendas : in cujus , &c. dat. apud donypas decimo quarto die octobris . per breve de privato sigillo . consimiles literas habet venerabilis pater dominus petrus de piperna sanctae mariae novae diaconus cardinalis , amicus regis karissimus , de quinquaginta marcis sterlingorum annuatim percipiendis ad scaccarium praedictum in festis predictis . teste ut supra . per breve de privato sigillo . consimiles literas habet venerabilis pater dominus willielmus de pergumo sancti nicholai in carcere tulliano diaconus cardinalis amicus noster karissimus , de quinquaginta marcis sterlingorum annuatim percipiendis ad scaccarium praedictum in festis praedictis . teste ut supra . per breve de privato sigillo . consimiles litteras habet venerabilis pater franciscus sanctae mariae in cosmodii diaconus cardinalis et amicus regis karissimus de quinquaginta marcis sterlingorum annuatim percipiendis ad scaccarium predictum in fest is predictis . teste ut supra . per breve de privato sigillo . rex omnibus ad quos , &c. qui sincerae affectionis fervore , & gratuitae binevolentiae studio nostris utili atibus procurandis invigilant & insistunt , dignum duximus & naturali consonum esse novimus aequitati , ut eis mutuae vicissitudiais beneficia rependamus . attendentes igitur venerabilis patris domini gentilis , titulo sancti martini in montibus presbyteri cardinalis , amici nostri charissimi circumspectam industriam , et sollicitudinem operosam quas in nostris negotiis in sancta romana curia promovendis hactenus adhibuit , eumque adhibiturum speramus deo propitio in futurum , pensionem annuam quinquaginta marcarum sterlingorum ad scaccarium nostrum percipiendam , ad duos anni terminos , videlicetin festis paschae et sancti michaelis per aequales portiones sibi duximus tenore praesent ium concedendam ; in cujus ; &c. teste rege apud odynham vndecimo die januarii . in all these pensions and annuities , i shall desire the readers to observe ; . that they are granted out of the kings eschequer only ; payable half yearly at the feasts of easter & michaelmas ; just as king johns pension of a thousand marks by the year to the pope was ; ly . that the warrants for payment of the one & other run in the same form . ly . that the sole motive or ground of our kings granting and paying these pensions , was only to get the easier dispatch of their businesses in the court of rome by the assistance of these their pensioners , which otherwise ( for romes and the popes credit ) they could not obtain , were their sutes never so reasonable . and this was the sole reason why any of our kings paid this annuity , first granted by king john , at any time to any pope , even to procure a speedy auspicious answer , or else assistance from him in their affairs with forreign princes , or relating to their own rebellious prelates , subjects , or complaints against the popes and his legates intollerable usurpations , exactions on their crowns , or subjects ; not that they ever reputed king johns charters valid , or obligatory to him or them in the least degree , they protesting , resolving the contrary , as the premises demonstrate . now to evidence this charter and rent yet more fully to be null in law beyond contradiction , i shall desire the popes learnedest advocates pleading for their validity to take notice of these particulars : . that the whole . council of toledo in spain under king recesuinthus , and this king himself about anno . decreed , that not only the antient crown-lands of the kingdom , but whatever lands and revenues their kings acquired , quae pro solo constat eos imperii percepisse fastigio , should not descend to their sons , but to the successor of the realm ; and not be alienated from the crown , nor subjected to the kings person , but regal power ; regem terrenum jura faciunt , non persona , quia non constat sui mediocritate , sed sublimitatis honore . quae ergo honori debentur , honori deserviant , & quae reges accumulant regno relinquant , ut quia eos regni gloria decorat , ipsi quoque regni gloriam non extenuent , sed exornent , by enlarging , not extenuating or alienating the revenues thereof ; which this council enjoyned their succeeding kings by oath to observe . . that it is the general received resolution of the learnedest doctors and professors of the civil law , that no emperor or king elective or hereditary , can alienate or subject the royalties of his crown , kingdom to any other person whatsoever , ( especially to a forreign prince or potentate ) without the general consent of his nobles , barons , subjects ; they being in truth but trustees , not proprietors of all their crown-lands , rents , revenues , for the defence , government and benefit of their kingdoms , not absolute inheritors of them ; and the alienation thereof a direct breach both of their oaths , trusts ; and their supream soveraign power , essential to , inseparable from their regalities : this they resolve in the cases of constantine , charles the great , p●pins , and othoes pretended donations of rome and italy to the pope and his successors , the same in substance with king johns . a lucas de penna , a most eminent professor of the civil law , resolves , imperii regalia sunt inalienabilia ; and although the emperor should swear , that he would not revoke such royalties as were alienated to the prejudice of his crown and dignity , posset tamen ea , non obstante iuramento revocare ; because the emperor at his coronation swears , iura regni sui et honorem coronae illibata servare . from whence he ( and b others ) inferre ; that by vertue of this oath , the emperors are strictly obliged in duty both to god and to the empire , to take unto themselves not only those fair and large territories which the pope hath either by fraud or force invaded , decking himself with the plumes of their eagle ; but especially they ought to resume that dominion and soveraignty of authority in those very lands which the pope now challengeth as his own . for this soveraignty being the most proper and essential privilege belonging to any imperial crown ; by vertue of this their sacred oath , they ought utterly to refuse ( as they may ) that other coacted oath whereby they are most injuriously tied to permit the pope ( that man of sinne ) quietly to enjoy their imperial possessions , rights , royalties , and tread both themselves and their crowns under feet . the romish c gelders of all passages in books that make against their roman pontif , or religion , have gelt this masculine passage ( of no lesse then . lines in folio ) out of penna , which comes home to king johns case . d baldus perusinus a learned civilian , writing of the pretended donation of constantine to the pope , delivers this as his own and other doctors resolutions therein . they determin , hanc donationem quoad expropriationem territorii , dignitatis et iurisdictionis , non valere , nec possibilem esse . the commodities , profits , and profitable dominion may be granted , salva semper ab imperio recognitione et fide . for to say , that the emperor could by this donation mutilare imperium , and cut off the members thereof , est species fatuitatis ; it being never his intention : nor yet king johns , as the saving in the charter fully demonstrateth : a fr. aretinus a grand doctor of the civil law , not only assents unto ; but highly applauds the judgement of baldus hereiri ; eleganter tradit baldus , quod imperator non potest dare quotam imperii , neither a third , nor a fourth part , nor half of his empire ; whereby baldus means , that the empire being an intire and universal power , the emperor by giving ought , ceaseth not to be the universal lord of all belonging to the empire . b franciscus vargas layes down these . positions , . suprema principis jurisdictio est prorsus inabdicabilis . . impossibile est imperatorem facere aliquem vel parem sibi , vel superiorem ; citing baldus , with divers other lawyers concurring with him herein : his reasou is , quia lex regia contradicit ; and that it is inconsistent with regality : therefore king john could not alienate his regality , nor make the pope his superiour in his own realms . didacus co●arruvias writing of the supream soveraignty belonging to a king or emperor , resolves ; c nullo modo alienari potest , though in giving lands , cities or territories , the king use never so ample and abundant words in his charter , because this soveraignty is essential to regal majesty . he and vargas citing gulielmus benedictus , carolus degrassatus , and felinus concurring with them herein . boetius epon . professedly , and at large discusseth this point , and thus resolves it , d the donation of constantine did no way concern the alienating or giving up of the roman empire ; but only the alienating of all the places in italy , and in the whole west . constantine did not abdicate his empire , or give it to the pope ne per occidentem quidem , no not in the west , nor in italy , nor in the very city of rome ; he honoured the pope as much as he could , citra imperii vel abdicationem , vel alienationemullo modo , without either abdicating , or any way alienating the empire . he gave to the pope a certain right of jurisdiction , and rule in the western regions , imperio romano inferius atque minutius , but inferiour and lesse then imperial authority . he gave to the pope imperium honorarium duntaxat et secundarium , sed minime supremum , an honourable and secundary government , but not the supream . that supream authority in solidum penes constantinum remansit etiam in occidente . and in his * commentary , which for the honour and credit of constantines donation he hath made upon it , he sets this down with a memorandum , notabis hinc , that the empire or soveraignty in italy and in the west , was not transferred by constantine to the pope , and very often he repeats the like . albericus de rosate , a famous civilian , is most punctual in this particular . g let us see ( saith he ) whether constantines donation could be offarce to the prejudice of his successors ? accursius holds it could not : so doth john de parisiis , because none being deputed to an office , may doe ought against his own office. but it is against the office deputed to the emperour , to impair his empire , or to cut and take away any one part from it ; for by the same reason that he may cut away one part , he may cut away also another , and so may his successors ; and so the empire should at last be brought to nothing and utterly destroyed , which is against the publique good , and the end why the empire is ordained . ex quo verè credo , whereupon i do truly believe , that the aforesaid donation de iure , cannot be of force to prejudice the empire , or the successors . he adds , h that praescriptio dat utile dominium ecclesiae , ( praestitis tamen tributis & censibus imperatorum ) directum non tollit . contra principem non nisi quoad utile dominium praescribitur ; because the pope in using this dominion , doth it as the emperors deputy or minister , and in the emperors name , and so the soveraignty still rests in the emperor , against which there is no prescription . as for prescription by the canon law , that is least available for the pope : for by the canon law there is required to a valid prescription , titulus , & bona fides ; both which ( in this case of constantines donation , and so in king iohns too ) he saith , seem to be wanting , for there is a title pretended , where there is no title at all , quia datus per eum quidare non potuit , and because the alienation is made contrary to law , as we have shewed : bona fides also is here wanting , because the pope and his successors knew , res esse alienas , hoc est imperii . thus albericus most clearly resolves ; whose words and reasons extend as fully to king johns charter , as to constantines pretended . donation to the pope . a antonius rosellus , ( noble both for his birth and learning in the civil law , and other literature , ) though he defends the donations made to popes by constantine , charles , lewes and otho ; yet after long debate , he concludes thus : firmiter teneo , that as to those lands and territories which the pope hath from antient times possessed by vertue of those gifts , they are good for the possession , profits , & utile dominium , seeing therin the imperial right is not taken away , sed directum imperium est penes caesarem . directum imperium est in ossibus caesaris , irremovibile , vel inalienabile ; habet ergo papa executionem potestatis , in the territories given him , but he hath not the soveraign power over them , that belongs to the emperor , who in all temporal goods and possessions is the soveraign prince ; for as we daily see the emperor gives dukedoms , earldoms , or kingdoms , et tamen retinet in directo dominio ipsam inrisdictionem et jus imperii in ipsis bonis , aut commissis ; even so in those gifts given by the emperors to the church or pope jus imperii et jurisdictionem retinuit , et retinet , quamvis utile dominium ejus , et executionem potestatis pontifici commisit . he subjoyns . the donation to the pope is good , quoad proprietatem & dominium particulare , sed non quoad jurisdictionem totalem & jus imperii . although the pope be capable of imperial right quoad subsidium , non tamen est capax principaliter , & ideo impossibile est per viam praescriptionis . nay it is impossible , that in the same person should subsist the imperial authority and the priesthood ; & ideo impossibile est per viam praescriptionis . he further resolves , if there happen a controversie betwixt the pope and the prince concerning any meer temporal matter , i think the emperour himself ought to be judge herein ; seeing in temporal matters he is above all , even the pope himself ; & ipse est judex suae causae , the emperour is judge in his own cause , as the law teacheth . ( therefore king john , his successors and parliaments are meet judges in the case of england , by like reason , who have adjudged this kings charter voyd . ) he proceeds one step further . whereas the popes to make sure that authority which they use in the patrimony of st. peter , cause the emperour to swear , that he will not exercise that imperial authority which he hath in those lands , but permit the popes to enjoy the same as they have used , ( tying the emperours by this oath from the exercise of any imperial jurisdiction in those territories ) this learned lawyer teacheth ; that emperours indeed after they have once taken this oath , cannot intermeddle in those lands , but ought by vertue of their oath , leave the jurisdiction therein to the pope ; but withall he adds , that seeing the emperor retaineth still the direct dominion in those lands , which dominion he cannot possibly passe away to the pope , his successors need not to take that oath , and not taking it ( saith he ) they may actually use their own imperial rights , and jurisdiction in the same , and it were better they would do so . b hugo grotius , ( one of the learnedest , most judicious lawyers , scholars of this later age ) positively concludes . rex partem populi alienare non potest , nisi etiam pars de qua alienanda agitur consentiat ; accedente populi consensu libero , alienari posse etiam à rege , quid obstet non video . c quare subscribere non possumus jurisconsultis , qui de non alienandis imperii partibus adjiciunt exceptiones duas , de publica utilitate , & de necessitate , nisi hoc sensu , ut ubi est eadem utilitas communis , & corporis & partis , facile etiam ex silentio etiam non longi temporis , consensus & populi & partis intervenisse videatur , facilius verò si etiam necessitas appareat . at ubi manifesta est in contrarium voluntas , aut corporis aut partis , nihil actum debet intelligi . sub alienatione merito comprehenditur & infeudatio , sub onere . quare videmus a pluribus populis irritas habitas ut alienationes , ita infeudationes regnorum quas populis inconsultis reges fecerant . populum autem consensisse intelligimus , sive totus coiit , quod olim apud germanos & gallos fieri solebat , sive per legatos partium integrantium mandato sufficiente instructos : nam facimus quod & per alium facimus . ( d ) sed nec pignori dari pars imperii poterit , nisi consensu simili , non ea tantum de causa quod ex pignoris datione sequi alienatio soleat , sed quod et rex teneatur populo ad exercendum per se summum imperium , et populus partibus suis ad conservandum hoc exercitium in sua integritate , cujus rei gratia in societatem civilem coitum est . d patrimonium quoque populi , cujus fructus destinati sunt ad sustentanda reipublicae , aut regiae dignitatis onera , a regibus alienari nec in totum nec in partem potest : nam in hoc jus majus fructuario non habent . nec admitto distinctionem , si res modicum videat , quia quod meum non est , ejus nec exiguam partem alienare mihi jus est , sed in rebus modicis quam in magnis consensus populi ex scientia , et ex silentio facilius praesumitur . existimat f barclaius , si rex regnum alienet , aut alii subjiciat , amitti ab eo regnum . ego hic subsisto . nam talis actus si regnum electione aut successoria lege deferatur , nullus est ; quae autem nulla sunt , nullum habent juris effectum . unde & de usufructuario , cui regem talem similem diximus , verior mihi videtur jurisconsultorum sententia , si extraneo jus suum cedat , nihil eum agere . et quod dicitur ad dominum proprietatis reverti usumfructum , intelligen●um legitimo tempore . si tamen rex re ipsa etiam tradere regnum , aut subiicere moliatur , quin ei resisti in hoc possit , non dubito . in fine , he resolves thus , g that the contracts of kings prejudicial to their kingdoms , binde neither their successors nor kingdoms , but are void . h apud sapientes cassa habebantur , quae neque dari , neque accipi salva republica poterant . si quo casu contractus incipiat vergere non ad damnum modo aliquod , sed ad perniciem publicam , ita ut ab initio contractus in extensione ad illum casum censendus fuisset injustus & illicitus , tunc non tantum revocari eum contractum posse , quam declarari eum non ultra obligare , quasi factum sub conditione sine qua juste fieri non potuit . illud quoque a multis i traditum , beneficia principum quae liberaliter sunt concessa semper posse revocari , sine distinctione transmittendum non est ; i. e. nisi quod subditos attinet ad poenam , aut ob utilitatem publicam , contractibus vero eorum qui sine jure imperium invaserunt , ( the case of king john as to the pope ) non tenebuntur populi aut veri reges , nam hi jus obligandi populum non habuerunt . and in his adnotata he recites these examples of revocations of such gifts made by the roman and graecian emperors , and kings of france , arragon , and poland . laudat & applicat , mariana , ad immensam munificentiam friderici regis neopolitani xxiv . à nerone donata etiam ab emptoribus repetiit galba relicta decima . tacitus historiarum . & plutarchus . pertinax etiam à libertis ea exegit , quae sub specie venditionis commodo principi lucrifecerant . macedo imperator repetiit quae michael imperator elargitus fuerat . zonaras de eo . communi consensu placuit , ut qui pecunias multas nulla probabili ex causa accepissent , partim totas , partim dimidium redderent . vide eundem isaacio comneno de donationibus ludovici xi . vide serranum carolo . de ejusdem donationibus etiam quae ecclesiis facta non servatis philippum cominaeum lib. . marianam . vero de donationibus quas arragoniae rex ramirus fecerat , rescissis , libro . cap. de isabellae donationibus rescissis per ipsam . cromerum de casimiti regis poloniae testamento partim probato , partim improbato xii . so that by grotius his own resolution , with the resolves of the historians , emperors , kings , and near . famous civilians cited by him in the margin , king johns charter and pension must needs be void in law to all intents , against himself , his successors , kingdoms , their reasons , and resolutions extending punctually thereunto . * francis the . king of france being taken prisoner in the battel of pavia by the emperor charles the th . to procure his liberty anno . by articles under his hand and seal ratifyed by his corporal oath , promised to consign and deliver up unto the emperor the dutchie of burgundy , for his ransom : whereupon being enlarged , the emperor pressing him to perform his articles and oath , he returned this answer , to which he adhered ; that it was not in the power of a french king to bind himself to the alienation of any lands , towns or territories belonging to the crown , without the consent of the general estates of france , and of his soveraign courts and officers , in whose hands the authority of the whole realm remained : and that he had no power to release his right to any of the territories belonging to the crown of france , without his kingdoms and parliaments consents ; no not to purchase his own freedom and ransom thereby ; wherein all the civilians of france concurred with him . much lesse then could king john surrender and alienate both his kingdoms to the pope without any consideration at all . i shall conclude with the authority of that most famous grand lawyer and statesman john bodin , in his book of commonwealth , translated into most languages ; where he thus resolves at large , with abundance of reason and ingenuity , against the power of kings or republikes to alienate the publike revenues , discovering the manisold mischiefs , frauds ensuing thereupon . of the reg●l revenues , some are publique , some are private ; the last may be sold and made away , the first never . and to the end princes should not be forced to overcharge their subjects with imposts , or to seek any unlawfull means to for feit their goods , all monarchs and states have held it for a generall and undoubted law , that the publique revenues should be holy , sacred , and inalienable , either by contract or prescription . in like sort kings ( especially in this realm of france ) granting their letters patents for the re-union of crown lands , declare , that they have taken an oath coming to the crown , in no sort to sell or make away the revenues . and although it were duely and directly made away , were it for ever , yet is it alwayes subject to be redeemed , and in such sort as the prescription of an hundred years , which gives a just title to the possessor , doth not touch the revenues of the crown : the edicts , decrees , and ordinances of this realm are notorious , not only against private men , but even against princes of the blood , who have been put from the division of the revenues , and the prescription of an hundred years : and this is not peculiar to this realm alone , but common to the kings of england , spain , poland , and hungary , who are accustomed to swear not to alienate the revenues of the crown . the which is also observed in popular and aristocratical states ; and even at venice the law allows no prescription . ( the which many would limit to sixscore years ) nor yet the cantons of the swissers . for king henry . having requested the seigniory of lucerne to engage themselves for a certain sum of money , hugo the chief magistrate made answer to the ambassador , that both the senate and commons of lucerne had sworn never to pawn nor engage their lands . we read also that the same ordinances were religiously observed in the two most goodly common-weals that ever were , athens and rome , wherein two great personages themistocles and cato the censor , caused all the publique revenues to be seized on , the which had through tract of time , and sufferance of magistrates , been usurped by private men ; saying in their orations , nec mortales contra deum immortalem , nec privatos contra rempublicam praescribere posse : that mortall men could never prescribe against the immortall god , nor private men against the common-weal . and therefore the court of parliament upon a civil request obtained by the kings proctor general , against a decree made in favour of the successors of foelix of nogaret , to whom king philip the fair . years before had given the lands and seigniory of calvisson , for his virtues and well deserving of the common-weale , whereby it was revoked unto the council , shewing thereby , that prescription hath no place when there is any question of the revenues of the crown . and the court of parliament at rovan , by a sentence given the . february . betwixt the kings proctor , and the religious of st. omer , adjudging the possession of certain goods unto the king , allowing the religious to relieve themselves by some other means , and to prove it duely by way of inquest , and for cause ; which words ( and for cause ) are not to be understood for the poor subjects of the country only , but generally for all . and oftentimes the treaties made betwixt princes , have no other difficulties but for the preservation of the revenues , the which princes cannot alienate to the prejudice of the publique . henry the . king of england , in a treaty made with the pope , and potentates of italy , in the year . caused this clause to be added , that they might not give away any thing of the crown of france , for the redeeming of king francis ; and upon this point the breach of the treaty of madrid was grounded ; for that the antient custome of this realm , conformable to the edicts or ordinances of other nations , requires the consent of the three estates , the which is observed in poland by a law made by alexander king of poland , according to the disposition of the common law , unlesse the sale were made at such time as the enemy had invaded the country ; and that the forme be observed from point to point , as in the alienation of pupils goods , ( the common-weale being alwayes regarded as a pupil ) and if there be any thing omitted , it is all of no force , or at least it is subject to recission , without restitution unto the purchaser of the thing purchased : neither can the prince challenge that unto himself which belongs unto the publique , no more then a husband can his wives dowry , wherein the prince hath lesse right ; for the husband may abuse the fruits of his wives dowry at his pleasure , but a prince may well use , but not abuse the fruits of a publique dowry : as the citizens that were in society with the athenians complained , that the publique money was to be put in apolloes treasury , and not to be wasted by the athenians . our kings have and do acknowledge , that the propriety of the crown lands is not the princes ; for king charles the . and . would not have the crown lands pawned , unlesse the parliament at the instance of the kings proctor had so decreed , as we may see in the antient registers of the court of parliament , and chamber of accounts : and the reason is , for that the revenues belong unto the common-weale , as wise princes have alwayes acknowledged . and when as k. lewis the . dyed , ( having given much by his testament to poor widdows and orphans ) he commanded all his jewells and moveables to be sold , to p●rform his legacies , least that any thing belonging to the crown should be sold , as having no interest in it . and for this cause pertinax the roman emperor caused his name , being written upon the publique lands , to be rased out , saying , that it was the very inheritance of the common-weale , and not the emperors , although they enjoy the rents for the maintenance of their houses and the common-weale . and we do also read that antonius pius lived of his own inheritance , applying nothing that belonged to the publique to his private use . whom k. lewis the . ( called the father of his country ) doth seem to imitate ▪ who would not mingle his patrimony and revenues with that of the publique , erecting the chamber of blois for his lands at blois , coussy , and monfort ; and yet many have erroneously confounded the publique with the princes private lands . neither is it lawfull for soveraign princes to abuse the fruits and revenues of the crown lands , although the common-weale be in quiet , and free from all trouble , for that they have the use only , and ought ( the common-weale and their house being maintained ) to keep the surplusage for publique necessity . although that pericles said to the ambassadors of the confederates , that they had no interest in the imployment of the treasure , so as they were maintained in peace ; for it was contained in the treaty of alliance , that the money which should be raised in the time of peace , should be guarded in apolloes temple , and that it should not be imployed but by a common consent . but there is great difference between the treasury or exchequer in a monarchy and in popular states ; for a prince may have a treasury of his private patrimony , the which was called fiscus by the antients , and that of the publique revenues aerarium ; the one being divided from the other by the antient laws , the which can have no place in a popular or aristocratical estate . yet there never wanted flatterers to perswade princes to sell their revenues of the crown , to make a great benefit ; the which is a tyrannical opinion , and the ruine of a common-weale . for it is well known , that the publique revenues consist chiefly in that which dukes , marquesses , earles , and barons did sometimes possesse , the which either by succession , dowry , or by confiscation have come unto the state , in lordships , coppy-holds , in fees , alienations , sales , seisures , rents , amercements , rights , confiscations , and other regalities , the which are not subject to imposts and ordinary charges , and oftentimes are gotten by them which are free from all charges . moreover , commissioners granted to sell the publique revenues for the making of money speedily , allow it to be sold for ten years purchase , when as private lands in fee with justice , are sold for thirty years purchase , and those that have dignities at fifty years and more ; so as some with the purchase of the publique lands , reap in one year more profit by the iurisdiction , then they paid for the land. others have paid nothing at all , taking the valuation of the revenue by extracts from the chamber of accounts , given in by the receivers in ten years , who oftentimes have not received any thing , for that the profits of inferiour iustice is made in the chief and regal court. as for sales the purchaser hath more profit then the interest of the money which they have paid can amount unto ; as also the receivers of the revenues are not accustomed to give any account of casualties , but for a small part . and in farming out the crown lands the farmers are liable to subsidies , and are charged according to their abilities . there are infinite more abuses which the common-wealth sustains by sales of their revenues ; but the greatest is , that the money which is made is not put out to rent , ( like to those that think to be good husbands ) but is most commonly wasted and given unto them that have least deserved ; and so for want of money to redeem this land , the common-weale falls to decay , then do they also sell the commons , whereby the poor are relieved . it were more fit to sell the wast lands of the common-weale , the which no man will hire , and brings no benefit to the common-weale , to the end the treasury may be enriched , and that the citizens may profit by the tilling thereof : but if they may have a farmer it is not lawfull to sell it : although that aristotle commends them of constantinople , who sold their lands for a continual rent , the which is a meer alienation , and money taken before , diminisheth the rent ; the which was expresly defended by an edict made by charles the ninth . and although that afterwards he made another edict for the renting out of waste lands , and paying of fines , by the perswasion of such as sought to make money ; for the parliament of paris upon the verification of the said edict , decreed , that the rents should not be redeemed , and that there should be no fine pay'd at the beginning ; and for that the commissioners for this sale did sue unto the king that it might be lawfull to give money at the entry : the court ( all the chambers being assembled ) decreed , that the purchasers might not give above a third of the sum at the entry , in regard of the value of the lands ; the which third part should be received by the receivers of the revenues , a part to be imployed to redeem the revenues that are sold imposing a quadruple penalty to be levyed as well upon receivers , as those that had gotten any assignation of the said moneyes . and it is not here needful to relate what losses the king and common weal have sustayned by such alienation of the wast lands . king francis the second coming to the crown , commanded his proctors and magistrates to redeem the publique revenues from private occupyers , wherein he complained , that the crown lands and revenues were so dismembred and wasted ; as that which remained did not suffice for the charges that were layd upon them . but our king hath far greater cause to complaine now , when as there scarce remaines any thing that is to be sold . in the general accounts of the treasure made in january , in the year . there was no receit made of any revenues , although there was six and thirty tousand crowns in the receit , when as king francis died , as it appeareth by an account of the treasure made in the year . and by the same estate the alienation of the revenues , impositions , and subsidies amounted to foureteen millions nine hundred sixty and one thousand four hundred and seaventy livres fiften soulz and eighty deniers , not comprehending twelve hundred thousand livres , for the fourth and half fourth , and four hundred and fifty thousand livres upon the strike of salt , the which the country guienne redeemed in the years . and . whereby it plainly appears that the kings revenues are almost all engaged and made away , for fifteen or sixteen millions at the most , the which is worth above fifty millions , for that earldoms , baronies and other seigniories have not been sold for above nine years purchase : and if it were redeemed and let to farme it would amount yearly to almost three millions , the which would suffice to maintaine the kings house in state , and to pay most of the officers their wages , not medling with any of the other ordinary or extraordinary charges . and if we may compare a smal kingdom with a greater , the revenues of the crown of england comprehending the land , subsidies , tares , customs , imposts and all other charges amount to little more then sixscore and ten thousand pounds sterling a year , having a good part of the temporal lands of the church annexed to it , and yet the queen doth maintaine her court , and the estate of her realm very royally , and redeemed the revenues ( not selling any . ) dly . as all these civilians , states , kingdoms , statesmen abroad ; so our own parliaments , lawes , judges , lawyers at home from age to age , have unanimously resolved , that the kings of england cannot give , grant , alienate , sell , morgage their kingdoms , nor the manors , lands , rents , revenues , forts , antient jewels , ships , magazins belonging to the crown , setled on them in trust for the maintenance of their government , the safety of the kingdom , and ease of the people from publike taxes , without common consent of their parliaments , lords , subjects ; and that if any alienations be made of them they may and ought to be resumed ; as not only void in law , but contrary both to the oath , and duty of those kings who alienated them . . this is most apparent , by the description of our kings office used at their coronations ( the substance whereof still remaineth in the oath yet taken ) thus expressed in the lawes of king edward the confessor , lex . ( a ) moreover , the king by his right , and by his office , ought to defend and conserve fully and wholly in all amplenesse , withovt diminvtion , all the lands , honors , dignities , rights and liberties of the crown of his kingdom : and further to reduce into their pristine state all such things as have been dispersed , wasted and lost which appertain to his kingdom . therefore this surrender and charter of king john was expresly against his office , duty of a king , and he and his successors might and ought in justice to recall it , as voyd , prejudicial , and dishonorable . ly . by the several acts of resumption in all ages of lands given or alienated from the crown by our kings . the first i shall mention , is that of king henry the . thus related in a brompton , b nubrigensis , and others , anno dom : . quomodo dominica regis redintegrantur . considerans autem rex ( henricus secundus ) quod regii redditus breves essent , qui avito tempore uberes fuerant , eo quod regia dominica per mollitiem regis stephani ad alios multosque dominos majori ex parte migrassent , praecepit ea cum omni integritate , à quibuscunque detentoribus resignari , et in jus pristinum revocari . et hi quidem qui regus oppidis seu vicis hactenus incliti fuerant ; chartas quas a rege stephano vel extorserunt , vel obsequiis emerant , quibus tuti forent protulerunt : sed quoniam chartae invasoris juri legitimi principis praejudicium facere minime debuerunt , eisdem instrumentis esse tuti minime potuerunt . so neubrigensis ; or as brompton . quidem verò in dies chartas regis stephani protulerant : quibus à rege responsum est , quod chartae invasoris praejudicium legitimo principi minune faccre debeant . ( the * case of k. johns charters in relation to his successors . ) itaque primo indignati , deinde conterriti , et contristati aegre quidem , sed tamen integre usurpata , et diu tanquam solido jure detenta resignarunt . cumque in cunctis regni provinciis , omnes usque ad unum ( de quo post pauca dicetur , ) voluntati regiae paruissent , rex transhumbranas provincias adiit . comitemque albemarlensem gulielmum , qui ibidem sub stephano rex verior fuerat , de re consimili , eodemque , & cateros pondere authoritatis convenit . ille diu haesitans multumque aestuans , tandemcorde saurius , potestati succubuit , et quaecunque ex regio dominio pluribus jam annis possederat , cum ingenti anxietate resignavit , maxime famosum illud , et nobile castrum quod dicitur scarcheburch , quod idem comes in eboracensi provincia super rupis planiciem & turrim infantium augustius fabricavit . in eadem ergo piovincia rebus ad votum gestis , rex ad superiora angliae remeans , solum hugonem de mortuo mari virum fortem , & nobilem rebellem invenit , castrum regium de brugenorth retinendo . qui cum juberetur propriis esse contentus , & reddere quae de jure regio possidebat pertinacissime renuit , & se ad resistendum modis quibus potuit , praeparavit . rex vero exercitu celeriter congregato , brigiam obsedit , & post tempus modicum fortiter oppugnatum in deditionem recepit , & dicto comiti , cujus cor paulo ante quasi cor leonis fuerat , humiliato & supplici veniam largitus est . after which to compleat this resumption , item repetiit a rege scotorum northumbriam , regi quoque scotorum , qui boriales angliae regiones , scilicet northumbriam , cumberlandiam , et westmerlandiam nomine dictae imperatricis et haeredis ejus olim ad david regem scotorum adquisitas tanquam jus proprium possidebat , mandare curavit , regem angliae non debere tanta regni sui parte fraudari , justumque est reddi quod fuit suo nomine adquisitum . ille vero rex scotiae regem angliae in hac parte prudenter praevalere , considerans , praenominatos fines cum integritate restituit , repetenti et ab eo vicissim comitatum huntingdoniae , prisco sibi jure competentem recepit . by his example c king richard the first , selling and demising much of his crown-lands to raise monies towards his voyage to the holy land , upon his return thence anno dom. . by perswasions and intreaties rather then force , resumed and got surrenders of them again , as void in law , and prejudicial to the crown . ( c ) illi autem emptores mox regio metu attoniti , nulla habita quaestione de sorte non percepta omnia resignarunt . dunolmensis etiam episcopus qui comitatum northumbriae gravi summa comparatum per aliquot annos possideret , resignando , desinens esse comes , in simplicem episcopum rediit , ut prius . nec in hac parte prae caeteris privilegium habuit . anno dom : . all the d nobles and others of england , who had any of king henry the d. his castles and lands , were enjoyned to surrender them up to him by the pope and bishops , under pain of excommunication . saluberrimo usi consilio venerunt apud northamptonam ad regem universi , & a comite cestrensi incipientes , reddiderunt singuli castella & municipia , honores & custodias regi quae ad coronam spectare videbantur . so in r. . rot . parl. n. . r. . c. . h . rot . parl. nu . . h. . rot . parl. n. . h. . rot . parl. nu . . . h. . rot . parl. n. . h. . c. . h. . rot . parl. n. . h. . n. . h. . c. . h. . n. . e. . rot . parl. n. , . e. . rot . parl. n. . e. . rot . parl. n. . e. . rot . parl. n. . there are several resumptions and revocations made by acts of parliament , of the grants of our kings , of the lands and revenues of the crown , to the publique prejudice , and restitution of them made to the crown , for the better support thereof , and ease of the people in their publique taxes ; as being not valid nor obligatory to those kings who made them , much lesse to their successors ; especially when made by those who ( though kings de facto ) had no just title to the crown . therefore king johns charters upon this account might more justly be declared void , and repealed ( if ever valid ) then any others repealed by these acts , which conveyed not the whole kingdoms of england and ireland , but only some parcels of the crown lands and revenues , still held of our kings by rents and services , as supreme lords . ly . by this resolution of ( f ) matthew paris himself , and the lawyers of england , anno dom. . in the case of king henry the d. his secret mortgage of his realm to the pope , for monies borrowed of him in his wars , and disbursed therein by the pope ; which they declared to be null , void , and blasted at least by gods divine judgement : ipso quoque tempore rex secus quam deceret aut expediret , se , suumque regnum sub poena exhaeredationis , quod tamen facere nec potuit , nec debuit , dom : papae obligavit , ad solutionem totius the sauri , quam in expeditione sui belli pro ipso rege foret expositurus . unde papa nulla gerens super anglia viscera pietatis , largè , imo prodigaliter , mutuo pecuniam ab italicis vsurariis ( quos mercatores vocant ) accepit . quam ipsomet papa extorquente , & mulgente a rege , anglia ultimae servitutis pedissequa , solvere cogeretur . sed justo dei judicio tota illa innumerabilis pecunia , rapta & praedata , penitus nullum vel papae vel regi commodum suscitavit . if this king could not morgage his kingdom to the pope for monies lent , much lesse could king iohn surrender his kingdoms of england and ireland to the pope and his successors , and resume them under an annual rent , without any consideration . ly . the ( ) title of the crown and kingdom of france being devolved by meer right upon king edward the d : there grew some fears and jealousies in the nobility and commons of england , that they should be put in subjection to the crown and realm of france , against law , and their antient privileges : to prevent which , the king and parliament in the of edward the d. statute . passed a special act , printed in our statutes at large , declaring , that the realm of england never was , nor ought to be in subjection , nor in the obeysance of the kings of france , nor of the realm of france . and then enacted , that the king of england or his heirs , by colour of his or their titles to the crown , seal , arms and title of the king of france , should not in any time to come put the realm of england , or people of the same , of what estate or condition soever they be , in subjection or obeisance of him , nor his heirs or successors , as kings of france : nor be subject nor obedient , but shall be free and quit of all manner of subjection and obeysance , as they were wont to be , in the times of his progenitors kings of england for euer . if the kings of england themselves could not thus put the realm , or all or any one of their english subjects in subjection and obeysance to the kingdom and crown of france , as they were kings of france , when rightfull kings both of france and england , as this act declares and resolves ; much lesse then could king john , without their assent , subject both himself , his crown , kingdoms of england and ireland , and all his successors to the pope , under homage and an annual tribute , he having not the least colour of title or right to either , and to whom they were not formerly subject , as the english were to king edward before the crown of france descended to him , being their lawfull king. ly . in the parliament of e . the excessive dower of queen isabel , the kings mother , was by common consent of parliament resumed into the kings hands , as prejudicial to the king , kingdom , and not setled by parliament , and she reduced to an annual pension of one thousand pounds by the year in lieu thereof ; or . marks , as henry de knyghton stories ; no joyntures of our queens being irrevocable in law , unlesse confirmed by parliament , a as most have been . ly . all the commons of england in their petition , with the king , lords , commons , and whole parliament of r. . in c. . of praemunire , declare and resolve , that the crown and kingdom of england hath been so free at all times , that it hath been in subjection to no realm , or forreign power , but immediately subject to god , and to none other . which by popes provisions and suites in the court of rome for benefices and other particulars ( restrained in this act under the penalty of a praemunire ) should in all things touching the regality thereof be submitted to the bishop of rome , and the lawes and statutes of the realm be by him defeated , and frustrated at his will , to the destruction of the king , his soveraignty , crown , regality , and of all his realm ; in defence whereof in all points , they would live and die , against the popes usurpation theron , restrained , highly punished by this law. if then the resolution of this whole parliament , king & kingdom be true , king johns subjecting and resignation of his crown , kingdoms to the pope and his successors , and homage to them as their vassal and feudary by this charter , must needs be voyd , null , as being most destructive to his soveraignty , crown , regality , and both realms of england and ireland ; and the ground of all papal encroachments complained of in this statute of king richard. ly . it is often adjudged , resolved in our b law-books , c histories , and the statutes of r. . c. . . h . c. . h. . rot . parl. n. . r. . c. . h. . . h . c. . h. . c. . h. . c. . mariae , c. . & parl. . c. , . eliz : c. . eliz : c. . jac. c. . that the kings of england can neither by their charters nor last wills , alter , change , entayl the hereditary discent and succession of the crown of england , or disinherit the heir thereof , without the general consent of the whole nation by special acts of parliament ; nor yet demise , grant , sell , alien or pledge the antient jewels , goods , lands , rents , revenues , ships , forts , or ammunition of the kingdom , without particular acts of parliament enabling them ; that all the lands purchased by our kings to them and their heirs , either in gavelkind , burrough english , or other tenure , shall not descend to the kings younger sons ; nor the crown and crown-lands ( where there are two daughters ) descend to , or be divided between both , as in cases of common persons ; but all lands and possessions whereof the king is seised in ius coronae , shall secundum jus coronae , attend upon and follow the crown ( as all wards , presentations , and debts to the crown , in the deceased kings life-time , do likewise follow , and not go to the kings executors ) and shall all descend , come to him or her alone to whom the crown descends , for the better support of the king , kingdom , and ease of the people from unnecessary aydes ; ( as was resolved in the cases of d queen mary , queen i●ne , and queen elizabeth , against the will of king edward the sixth , setling the crown on queen iane , contrary to the common law , and two acts of parliament , whereupon it was adjudged void , though ratified under the great seal of england , and by the subscription of all the privy council , nobles , and judges , except hales ) therefore , à fortiori , our lawes must null these alienations of king iohn , and pension to the pope , as void and illegal to all intents , being never ratified by common consent in parliament , but oft protested against therein as invalid , as the premises demonstrate . ly . it is declared , adjudged by e several acts of parliament , and all our law-books , that feofments or obligations made by menaces , force and duresse , are voydable , and not obligatory in point of law. to instance in particulars of greatest publike concernment . in the grand parliamentary council about the year of christ . under our famous f british king arthur , wherein were sundry kings , princes , dukes , earls , nobles , archbishops and bishops present ; this king receiving a letter from the roman senate , and their procurator lucius tiberius , exacting the payment of the annual tribute due to the roman senate and state from the britons , which the roman emperor julius caesar reserved and commanded them annually to pay to the romans upon their conquest of them : the letter being read before the king and this great council , they all unanimously adjudged : that this tribute was exacted exirrationabili causa , because it was exacted by julius caesar , who , invited by the divisions of the old britons , arived in britain , and by force and violence subiected it to their power , shaken with domestick commotions . now for that they obtained it in this manner by force , uectigal ex ea injuste ceperunt ; nihil enim quod vi et violentia acquiritur , juste ab ullo possidetur , qui violentiam intulit . irrationabilem ergo causam praetendit , quamvis iure sibi tributarios arbitratur . whereupon they all peremptorily resolved not to pay id quod iniu●tum est , being thus extorted by force . the very case of the rent , pension , annual tribute and surrender of king john , extorted from him both by force and fraud . dly . upon this very ground , king a harold receiving a message from william the conquerour before he actually invaded england , that according to his covenant with , and oath made to him whiles in normandy ; that the realm of england should remain unto him after the death of edward the confessor , he would deliver him the possession thereof , to avoid effusion of christian blood ; returned this answer to him , that he made this oath through force and fear of death , whiles under his power in normandy : that a forced oath is not to be kept ; for if an oath which a virgin had knowingly made concerning her body in her fathers house , without her parents assent , was revocable and void : much more the oath which he being under the scepter of the king , had made without his knowledge , by compulsion , ought to be nulled and made voyd . moreover he affirmed , nimis praesumptuosum fuisse , quod absque generali consensu regni haereditatem vobis juraverat alienandam . that king edward being then living , he could neither give away the kingdom in possession or reversion to him or any other , without the kings consent , et sine popvliconsensv , senatvs decreto super regnum angliae mulierem extraneam inconsultis principibus me non debere , nec sine grandi injuria posse adducere , novit . that however he and edward had tampered for the kingdom , yet edward himself coming in by election , not by any title of inheritance , his promise ( that he should enjoy it after him ) was of no validity ; for how could he give that , wherein he was not interessed ? all which allegations militate most strongly against the validity of king johns charter , pension , and oath of homage to the pope , gotten by meer force , from one who had no right to grant , or alienate his kingdoms , or prejudice his successors . ly . the * barons having by force of arms extorted the confirmation of the great charter from king john , pope innocent the d. himself upon king johns complaint unto him against this force , repealed and nulled the great charter of their liberties by his bull , upon the account of force and fraud , videns se omni consilio & auxilio destitutum , quicquid illi ausi sunt petere , non est ausus ipse n●gare . unde compulsus est per vim et metum , qui cadere poterat in virum etiam constantissimum , compositionem inire cum ipsis , non solum vilem et turpem , verum etiam illicitam et iniquam ; in nimiam derogationem ac diminutionem sui juris pariter et honoris , &c. nos tantae malignitatis audaciam dissimulare nolentes in apostolicae sedis contemptum , regalis juris dispendium , anglicanae gentis opprobrium , &c. nisi per authoritatem nostram revocarentur omnia , quae a tanto principe cruce signato taliter sunt extorta ; et ipso volente ea servare , ex parte dei omnipotentis patris et filii et spiritus sancti , authoritate quoque apostolorum ejus petri et pauli ac nostra , de communi fratrum nostrorum consilio , compositionem hujusmodi reprobamus penitus et damnamus , sub intimatione anathematis ; prohibentes ne dictus rex eas observari praesumat , aut barones cum complicibus suis ipsam exigant observari ; tam cartam quam obligationes , & cautiones quaecunque pro ipso vel de ipsa sunt factae , irritantes penitus et cassantes , ut nullo unquam tempore aliquam habeant firmitatem . therefore from this popes own resolution against the great charter , within two years after king johns most detestable charter to himself of his kingdoms surrender , homage , and annual pension , made with greater evidences of external and internal force , fear ▪ ( besides apparent fraud ) more injurious to the kings crown , opprobrious to the english nation , then his grand charter to the barons thus nulled , repealed , as never to be observed by the king or barons , must much more then be void , and the observation thereof to be never exacted by the pope or his complices . vpon this account the * great charter was afterwards reconfirmed by new oathes , and several parliaments , without any force or fear upon our kings , to take away all disputes concerning its validity . ly . iudgements , acts of parliament themselves when obtained by force , fear , fraud , circumvention , derogatory to the kings prerogative , and rights of the crown , have been totally repealed , nulled , and declared void by subsequent parliaments for these very reasons ; wiinesse the parliament of e. . reversed by e. . stat. . in the print , but in truth by e. . rot . parl . nu . . the parliament of r. . reversed by r. . c. . & rot . parl. nu . . . & r. . repealed by h. . c. . the parliaments of & h. . & e. . c. . rich. . reversed by h. . c. . therefore much more ought king johns forced charters to be null and voyd upon this account , by the fundamental lawes of england , wherewith the civil law accords , it being a principle in that law ratified by a perpetual edict , a interpositas metu transactiones ratas non haberi . and the emperors honorius and theodosius in their code of lawes , command , that those sales , donations and transactions shall be void , quae per potentiam extortae sunt , which are extorted by power , as king iohns charter was . . pope pascalis the . being in the army of the emperor henry the th . almost in nature of a prisoner , about investitures per annulum & baculum , of which he endeavoured to deprive the emperor , after many contestations about them , did resign up the right of investitures to the emperor when he crowned and anointed him , dato sibi in praesenti per manum apostolico sub ttstimonio astantis ecclesiae , privilegio investiturae ecclesiasticae , juxta quod utriusque praedecessoribus placuerat , & permanere consueverat , cuius invulsibilem stabilitatem dominus papa mox sub anathemate confirmavit : whereupon they all sang gloria in excelsis , &c. supposing all schismes and scandals utterly abolished thereby out of christs kingdom . after which the pope with all his bishops , cardinals , clerks , as well great as small , prospera imperatori imprecantibus , & nimio amoris vinculo eum aliquandiu deducentibus per longobardiam ad alpes , inde ad terras germanicas foeliciter est reversus . the very next year this pope calling a council of bishops to lateran , gerhard bishop of engolesm read the popes writing made to the emperor before all the council ; privilegium illud , quod non est privilegium , sed verè dici debet pravilegium pro liberatorum captivorum ecclesiae , à domino paschali papa , per violentiam regis henrici extortum . and upon this pretext , that it was extorted by force , they all passed this sentence upon it ; omnes hoc in sancto concilio congregati canonica censura , et autoritate ecclesiastica iudicio sancti spiritus denunciavimus , et irritum esse iudicamus , et omnino ne quid autoritatis et efficacitatis habeat penitus excommunicamus : et clamabant omnes amen , amen . ly . after him , * pope boniface the . ann. . in his bull to k. edw. the . ( relating some things done by the kings of scotland , which seemed prejudicial to their rights , whereof the king of england took advantage to prove his soveraign dominion over scotland ) resolved ; et licet contra morem solitum aliqua fuerint hactenus in prejudicium ▪ ea tamen utpote per vim et metum , quae cadere poterunt in constantem , illicita , nequaquam debent de iure subsistere , aut in eiusdem regni praeiudicium redundare . if then pope paschal the . and the whole lateran council adjudged his charter or bull of priviledge , surrendring up to the emperor only his antient , just right of investitures , to be null , void , and of no efficacy at all , because extorted from the pope by violence of the emperor , notwithstanding his confirmation of the irrepeleable efficacy thereof with an anathema , his , and all his bishops , cardinals , and clergyes approbations thereof , prayers for the emperor , and great expressions of love and loyalty to him when and immediately after it was made , but the very year before . and if by pope boniface his resolution , things done through force or fear ought not to stand in law , or be prejudicial to the realm of scotland , all popes and their advocates , unlesse strangely intoxicated or blinded with partiality , must now at last acknowledge , that king johns charter extorted from him , with greater force , violence , fear , then that from pope pascalis , detestable to all the world , dishonourable to the king , destructive to the crown and its regalities , prejudicial to the whole kingdom , and so frequently condemned , abominated in all ages ; and the annual pension , oblation granted in it , was originally null , void , unobligatory in it self both to king john , his successors and kingdoms , for all the premised reasons and authorities . i have thus largely insisted on the proof of this charters nullity for . reasons . . because popes and their parasites have so much vaunted of , and insisted on it in former and late times , as intitling the pope to the supreme dominion and soveraignty of england and ireland , and the annual pension of one thousand marks , as the grandest evidence of our kings and kingdoms vassalage to the church of rome . ly . because it was the principal ground , occasion , introduction to all subsequent intollerable usurpations , enchroachments , exactions of popes upon our kings , kingdoms , churches , rights , priviledges , properties ; the subverting , nulling whereof , will null and invalid all other usurpations founded on , or springing from it . which considerations may justly excuse my prolixity in discussing its invalidity , and dipressing somewhat therein from my chronological order . i now return to my historical method , from the time of this charters sealing . the pope and his legate nicholas having by this charter in a manner dethroned king john of his regal dignity , authority , and made themselves more then kings , lords both of england and ireland in their own apprehensions , began forthwith to play rex , to shew themselves professed tyrants , usurping the soveraign authority both in church and state , presenting to all bishopricks , abbies , spiritual promotions , and benefices then void , without the patrons consent , by way of provision and collation , ( which they oft attempted , but never could effect till now ) to the prejudice of the crown , and inthralling of the church of england , not vouchsafing to consult either with the king himself , the archbishop or bishops concerning their disposal : thus storied by matthew paris . eodem tempore innocentius papa , nicholao apostolicae sedis legato , literas sub hac forma direxit . cum non possit ecclesiis domini melius provideri , quam si eis pastores pr●ficiantur idonei , qui non tam praeess●●●piant quam prodesse ; fraternitati tuae , de qua plenam fiduciam obtinemus , per apostolica scripta mandamus : quatenus episcopatus et abbatias angliae nunc vacantes , facias cum tuo consilio de personis idoneis per electionem vel postulationem canonicam ordinari ; qui non solum vita , sed et scientia sint praeclari , verum * etiam regi fideles et regno utiles , nec non ad auxilium et concilium efficaces , assensu regio requisito . ( now inserted only to court the king out of his right , rather then to preserve it , as the sequel proved . ) cum ergo vacantium ecclesiarum capitulis , nostris literis demus in mandatis , ut tuo consilio adquiescant ; tu dominum habens prae oculis , consulas super his viros providos et honestos , qui plene norint merita personarum ; ne te cujusquam astutia circumvenire contingat . si qui vero contradictores fuerint vel rebelles , tu eos per censuram ecclesiasticam , appellatione remota , compellas . datum laterani calendis novembris , pontificatus nostri anno decimo sexto ▪ legatus vero cum hujusmodi authenticum à domino papa accepisset ▪ factus de rege tyrannus , spreto archiepiscopi et episcoporum regni consilio , ●um clericis regis et ministris ad vacantes accedens ecclesias , ordinationes earum , secundum antiquum angliae abusum , de personis minus idoneis celebrare praesumpsit . nonnullos vero diversi ordinis , pro gravamine manifesto ad audientiam summi pontificis appellantes , sed suspensos ad curiam romanam destinavit . quibus adeo se inhumanum exhibuit , quod de rebus propriis , nec quidem denarium unum ad expensas itineris portare permisit . parochiales insuper ecclesias in locis diversis vacantes , clericis suis distribuit , patronorum consensu minine requisito . vnde multorum indignationem , et multorum maledictionem pro benedictione promeruit : dum justiciam in injuriam , judicium in praejudicium commutavit . this was the very original of popes provisions , and disposals of bishopricks , abbies , with all sorts of spiritual promotions and benefices in england , ( * formerly attempted ▪ resisted , but not obtained till now ) no pope presuming to conferre any bishoprick , benefice , or prebendary , in * france or england , usque ad tempora domini innocentii ● . qui primus assumpsit sibi jus istud in tempore suo ; as the french agent remonstrated to pope innocent the th . these provisions after this legate had thus once introduced with an high tyrannical power , by pretext of pope innocents bull ▪ soon over-flowed the whole church of england ( and france too ) like a general deluge , for many succeeding ages , notwithstanding all oppositions and bootlesse complaints against them . which the archbishop & bishops fore-seeing , ( though the chief instruments to dethrone their lawfull indulgent king , and set up these romish tyrants in his throne ) to obviate this intollerable papal innovation , and crush this crocodile in the shell , perceiving withall the legate more ready to gratifie the king and his clerks in the disposal of bishopricks & ecclesiastical preferments , then themselves or their confederates , meeting together at dunstaple , drew up an appeal against his proceedings , which he slighting , and sending to rome by pandulphus , together with k. johns charter , so highly magnified the king , and made such complaints to the pope against the archbishop and bishops , as frustrated their appeal ; witness this relation . deinde post octavas epiphaniae convenerunt apud dunestapliam stephanus cantuariensis archiepiscopus , cum suis suffraganeis , ut de negotiis ecclesiae anglicanae tractarent ibidem . molestè enim supra modum ferebant , quod legatus supradictus , ut praediximus , illis inconsultis , regiis favens voluntatibus , in ecclesiis vacantibus praelatos minus sufficientes posuerat , intrusione magis quam electione canonica . tandem cum hinc inde varia sorte tractassent , archiepiscopus cantuariensis duos clericos , apud burtonam super flumen trente , ubi tunc legatus erat , misit , qui eidem ex parte domini cantuariensis interposita appellatione prohibuerunt , ne contra dignitatem suam , ad quam ordinatio ecclesiarum suae diocaesis de jure spectabat , praelatos in ecclesiis vacantibus instituere praesumeret . legatus autem appellationi factae non deferens , misit assensu regio pand●lphum jam saepe dictum , ad curiam romanam , ut archiepiscopi et episcoporum propositum irritaret . quo cum pervenisset , famam archiepiscopi cantuariensis in conspectu summi pontificis non mediocriter denigravit : regemque anglorum tantis ibidem extulit laudum praeconiis ; asserens se regem tam humilem tamque modestum eatenus non vidisse , ut in oculis domini papae idem rex gratiam admirabilem obtineret . restitit autem pandulpho ibidem magister simon de langetuna , frater archiepiscopi cantuariensis . sed quoniam charta regis auro bullata , domino papae de subjectione et tributo regni angliae et hyberniae a praedicto pandulpho nuper delata fuerat , magister simon in suis contradictionibus non potuit exaudiri . asserebat praeterea pandulphus memoratus , in praesentia domini papae , archiepiscopum et episcopos in exactione , et ablatorum restitutione tempore interdicti , nimis esse rigidos et avaros , quodque ipsum regem et regni libertates plus aequo deprimebant . et sic propositum archiepiscopi & episcoporum ad tempus accepit dilationem . a just reward for their former complyances with the pope , against their most humble and modest king , thus highly applauded by pandulphus , though most untruly aspersed by the bishops and our monkish historians . upon pandulphus his information of the extraordinary covetou●nesse and unreasonablenesse of the bishops , touching the kings satisfaction of all their particular damages , beyond the rates of justice or conscience , before the interdict released ; and at the earnest sollicitation of the kings ambassadors and procurators , sent to the pope to reduce the bishops damages to certainty ; and the kings caution both by his oath and patent to pay them , that so the interdict might be released : the pope upon hearing all parties , made this agreement between them ▪ which he sent to his legate , with orders to release the interdict , the more to ingratiate himself with the king , nobles , and commons of the realm , now become his vassals . clirca dies istos papa innocentius , nicholao thusculanensi episcopo , pro relaxatione interdicti , scripsit in haec verba . innocentius episcopus , &c. venerabilis frater noster johannes norwicensis episcopus , & dilectus filius noster robertus de marisco , archidiaconus northanhumbriae , & nobiles viri thomas de hundint●na , & adam nuncii , charissimi in christo filii nostri johannis regis angliae illustris , ex una parte , necnon magister stephanus de langetuna , a. & g. clerici , nuncii venerabilis fratris nostri stephani cantuariensis archiepiscopi , ex altera parte , nuper in praesentia nostra constituti , asseruere concorditer & constanter , quod pro vitando grandium rerum dispendio , et gravi periculo animarum , expediebat quam plurimum , tam regno , quam sacerdotio , ut sine dilatione relaxetur sententia interdicti . vnde nos pro affectu paterno , sollicite in anglia intendentes ad salutem et utilitatem communem , super his quae pacis sunt , tunc inde cum illis tractavimus diligenter , et tandem ipsis adquiescentibus , formam invenimus et statuimus infra scriptam : sane praefatus rex tantam pecuniam * archiepiscopo cantuariensi , londinensi et eliensi episcopis , vel aliis quos ad hoc assignare voluerint , faciat assignari : computatis his quae idem rex noscitur persolvisse , quod summa quadraginta millia marcarum implerit . quibus * solitis , & cautione praestita inferius annotata , protinus sublato cujuslibet conditionis et appellationis obstaculo , relaxes sententiam interdicti . ac deinde singulis annis , duodecim millia marcarum , in duobus terminis , in commemoratione videlicet omnium sanctorum , sex millia marcarum , & totidem in festo dominicae ascensionis , apud ecclesiam sancti pauli londinensis eisdem faciat exhiberi , donec tota summa fuerit persoluta : * quae nobis taxarint per inquisitionem & mandato nostro perinde faciendam : et ad hoc fideliter exequendum obligavit se * ipsum , ipse rex per proprium juramentum , et per literas patentes , suo sigillo * communitas , necnon pex fide jussionem wintoniensis et norwicensis episc . * cestriensis , et wintoniensis episc . et willielmi mareschalli , comitum , ita quod tam haeredes ipsius regis , quam successores eorum tenebuntur astricti . quocirca nostra per apostolica tibi scripta praecipiend● mandamus , quatenus secundum formam praescriptam procedere non postponas , nisi de mera & libera voluntate partes aliter duxerint componendum . datum laterani . the charter roll thus differs from matthew paris : cestriae & wintoniae comitum , & w. briwere , & w. marr. com. de pembrock , si in anglia fuerit , & com. de ferrariis , vel de arundell . et si absens fuerit dictus marr. ita quod tam haeredes ipsius regis , quam successores eorum pari obligatione tenebuntur astricti . quocirca mandamus quatenus secundum praescriptam formam procedere non postponas , nisi forte in aliam formam partes convenerint de mera & libera voluntate . et si quid fuerit attemptatum circa personam dicti regis occasione juramenti praestiti archiepiscopo ab eodem rege in pasch . praeter formam mandati nostri , acceptata forma ista denuncies illud penitus non valere . the king receiving from his agents the popes letters and agreement touching the release of the interdict , whiles he was demolishing the castle of melesin in france , which he had newly taken , dispatched letters to william earl marshall , all the barons , knights , and subjects of england in general , and to several corporations in special , to inform them thereof , and to give their uttermost assistance for the speedy discharge of the interdict , which had so long continued on the whole realm , which i shall here insert out of the records , being not extant in our historians . rex dilecto & fideli suo w. comiti maresc . salutem . sciatis quod sani dei gratia & incolumes apud rupellam , applicuimus die sabbati proxima , &c. dum adhuc moram fecissemus circa castrum illud funditus prosternendum , venit ad nos a curia romana willielmus de sancto andreno , afferens nobis literas domini papae de forma interdicti relaxandi in anglia , quas venerabili patri nostro domino p. wintoniensi episcopo destinavimus , unde vobis mandamus rogantes , quatenus ad negotium illud exequendum ad honorem dei & nostrum & vestrum , consilium & auxilium efficax impendatis , & faciatis super negotio isto quod dominus wintoniensis episcopus , justiciarius noster vobis dicet , ad fidem et commodum nostrum , ut honorem inde habeamus et regni nostri status in melius commutetur , unde merito vobis ad perpetuas teneamur gratiarum actiones . teste meipso apud rupellam , octavo die martii . eodem modo scribitur omnibus comitibus , baronibus , & magnatibus angliae . data eadem . rex baronibus , militibus , & omnibus fidelibus suis totius angliae , salutem . sciatis quod die martis proxima ante mediam quadragesimam suscepimus literas domini papae in partibus pictaviae de forma relaxationis interdicti angliae , quas destinavimus venerabili patri domino p. wintoniensi episcopo , justiciario nostro : et vos rogamus attentius tanquam dilectos & fideles nostros , de quorum dilectione & fidelitate plene confidimus , quatenus secundum quod idem episcopus vobis dicet , consilium et auxilium vestrum ad honorem nostrum et vestrum , et statum regni nostri in melius commutandum efficaciter super hoc apponatis , ut vobis inde ad uberes teneamur gratiarum actiones , & ut dilectio quam hactenus erga nos habuistis in hoc merito debeat commendari . vnicuique vestrum si fieri posset literas nostras super hoc transmissemus , sed ut negotium istud quod & nobis & vobis ad commodum cedet & honorem , cum majori expediretur festinatione , has literas nostras patentes vobis omnibus decrevimus destinare . teste meipso apud rupellam , sexto die martii , anno regni nostri decimo quinto . rex probis hominibus suis cantuariae salutem . sciatis nos & fideles nostros quos nobiscum adduximus , in pictavia sanos esse & incolumes , &c. recepimus & ibi suscepimus per manum fratris willielmi de sancto andreno , liter as domini papae de forma relaxationis interdicti in anglia , quas destinavimus venerabili patri nostro domino p. wintoniensi episcopo , justiciario nostro . et vos rogamus attentius quatenus secundum quod idem episcopus vobis scire faciet ad interdictum illud relaxandum , in praestito nobis subsidium efficaciter impendatis , ita quod dilectionem vestram merito commendare debeamus ; scituri quod praestitum quod nobis ad hoc feceritis plenè vobis reddi faciemus cum gratiarum actione . et in hujus rei , &c. vobis mittimus . eodem modo scribitur majori & baron . london . majori & probis hominibus wintoniae , probis hominibus northamptonae , linc. eborac . oxon. glouc. hereford . exon. wigorniae , cantabridgiae , hunting . bristoll . norwic. data eadem . eodem etiam modo scribitur burgis & dominicis domini regis . teste eodem . by vertue of these writs and commissions the legate and nobles proceeded in this businesse during the kings absence , and brought it to effect , which matthew paris thus relates . tempore vero , quo nicolaus tusculanensis episcopus & apostilicae sedis legatus , per nuncios memoratos domini papae , authenticum acceperat , rex anglorum eratin partibus transmarinis . sed quoniam idem rex in recessu suo ab angliae legato jam dicto , & willielmo maraschallo , vices suas in hoc negotio commisserat , idem legatus , in urbe londinensi apud sanctum paulum grande congregavit concilium : ubi congregatis archiepiscopis , episcopis , abbatibus , prioribus , comitibus , baronibus , & aliis ad hoc negotium interdicti spectantibus , proposuit coram omnibus formam restitutionis super ablatis , & damnis a domino papa partibus consentientibus romae provisum , praecipiens constanter , ut certificaretur de quantitate solutae pecuniae episcopis & aliis quibuslibet , a ministris regis causa interdicti , quatenus per pecuniam solutam sciret quantum unicuique ad solvendum restaret . probatum est igitur ibidem certa computatione , archiepiscopum & monachos cantuarienses , simul cum londinensi , elyensi , herefordensi , bathoniensi , lincolniensi , antequam ab exilio in angliam redirent , per manum pandulphi duodecim millia marcarum legalium esterlingorum accepisse . post adventum quoque eorum in concilio septimo idus decembris apud radingum celebrato , quindecim millia marcarum , iidem episcopi cum monachis supradictis , inter se dividenda perceperunt , ita quod tota summa simul conjuncta viginti septem millium marcarum , quae ad supplementum quadraginta millium marcarum praedictorum solven da restant sub fide jussione wintoniensis & norwicensis episcoporum remanserunt , additis literis regis patentibus , ad majorem securitatem , juxta quod in literis domini papae continebatur expressum . his ita gestis nicholaus thusculanensis episcopus , & apostolicae sedis legatus , in die apostolorum beati petri & pauli in ecclesia cathedrali relaxavit sententiam solenniter interdicti , postquam duraverat annis sex , mensibus tribus , et diebus quatuordecim , ad irrestaurabile damnum ecclesiae , tam in temporalibus quam in spiritualibus . qua relaxatione facta gaudium per totam terram pulsando , et hymno te deum laudamus cantando , exortum est . and were not the pope and english bishops most atheistically impious , who continued this interdict on the whole church and realm , so many years , months , days together , to gods disservice , religions scandal , the prejudice of the peoples souls , and irreparable damage of the church both in spirituals and temporals , out of meer ambition , pride , avarice , rebellion , obstinacy and usurpation ? the king ( as a reward for this service , as i conjecture ) bestowed the custody of the rich abby of st. edmonds upon this legat , by these his letters patents . rex omnibus vicicomitebus , ballivis , & fidelibus suis , &c. mandamus vobis quod manuteneatis , protegatis & defendatis abbatiam sancti edmundi , & homines , terras , res , & omnes possessiones ejus , nec eam vel bona ipsius in aliquo molestare praesumatis , quamdiu fuerit in manu venerabilis patris nostri domini n. thusculanensis episcopi , apostolicae sedis legati , cui eandem abbaciam commisimus custodiendam quamdiu nobis placuerit , retentis nobis excaetis & donationibus ecclesiarum vacantium . et in hujus rei testimonium vobis fieri fecimus . teste me ipso apud clarendon . vicesimo quinto die januarii anno regni nostri decimo quinto . he likewise at this legates petition , granted his safe conduct into , and in england to one of his agents , so as she gave security to the king , that no mischief should happen to the king or his realm , by her or by any other persons she should bring along with her . rex dilectae sibi martil ▪ de curtenay , &c. sciatis quod ad petitionem domini n. thusculanensis episcopi apostolicae sedis legati , licentiam vobis dedimus & salvum conductum nostrum in veniendo ad nos in angliam , & in morando , & in rediendo . ita quod securitatem nobis faciatis quod per vos aut per alios quos vobiscum addureritis nullum malum nobis vel regno nostro eveniet . et in hujus rei testimonium , &c. teste meipso apud oxon. decimo quinto die novembris anno regni nostri decimo quinto . king john having satisfyed and secured the dammages of the exiled bishops and monks before the interdict released , according to his agreement , other abbats , priors , clergymen and laymen repaired to the legate , craving full satisfaction too for their dammages sustained , by the kings proceedings during the interdict , though never insisted on before . relaxato itaque ( ut dictum est ) interdicto venerunt ad legatum abbates , priores , templarii , hospitillarii , abbatissae , moniales , clerici & laici , scilicet innumera multitudo petentes de damnis & injuriis interdicti tempore sibi illatis , fieri restitutionem . asserebant enim quod licet ab anglia non exierint , remanserant tamen in continua regis & ministrorum ejus persequutione corporum suorum , & rerum non indemni fatigatione : legatus vero universae multitudini conquerenti ita respondit , quod videlicet de damnis eorum & injuriis in literis domini papae nulla mentio facta fuerat . unde nec debuit , nec de jure potuit mandati apostolici fines praeterire . sed tamen consilium dedit , ut de injuriis & damnis coram domino papa querelam deponerent & peterent sibi justitiae plenitudinem exhiberi . his igitur auditis universitas illa conquerentium praelatorum sine spe melioris proventus ad propria sunt reversi . the king in pursuance of his agreement issued these two writs on behalf of the archbishop of canterbury , and bishop of lincoln , to restore them to the possession of their temporaltes in the cinqueports and other places . rex custodibus portuum ●●●●●ae mandamus vobis quod habere faciatis venerabili patri nostro s 〈◊〉 archiepiscopo talem seisinam custodiae portuum de sandwych , & de h●th , & de rumenel , qualem praedecessor ejus quondam cantuariensis archiepiscopus ●nde habuit die quo obiit . teste meipso apud novum templum london , ●●r●io die octobris . rex vicecomiti nottingham , &c. praecipimus tibi quod diligenter inquiri facias si aliqui in feod . venerabilis patris nostri , h. lincolniensis episcopi , vel in feodo ecclesiae suae absque assensu et voluntate ipsius vel ex empto , vel ex vadio , vel alio modo se miserint . et siquos tales inveneritis , illos a feodo illo amoveas , & praedicto episcopo feodum ill●d in bona pace habere facias . volumus etiam quod si qua certa tenementa vel feoda sua post inchoatam discordiam ad detrimentum ipsius episcopi vel suorum immutata inveneneritis , ei sine dilatione emendari fac . teste meipso apud porcest . decimo septimo die julii anno decimo quinto . you have heard how this archbishop and his suffragans were restored to their bishopricks , and all damages sustained out of the kings coffers , and otherwise rewarded for their unparallel'd treasons and rebellions against king john. yet on the contrary , all the bishops and clergy men who faithfully adhered to , complied or communicated with him , or any other excommunicated person , or received any benefices from them during the interdict and excommunication , were by these trayterous prelates ( made their judges ) and popes censures , ordered to be suspended from all their ecclesiastical offices , benefices , preferments , and ordered to appear personally at rome , before the pope to be examined , ere their suspensions released , except only such as had given satisfaction to the church for this offence , as this record attests , mitigating this rigour in some part only . n. tusculanensi episcopo , apostolicae sedis legato . olim ( prout bene meminimus ) venerabilibus fratribus s. cantuariensi archiepiscopo , sanctae romanae ecclesiae cardinali , w. london . e. elyensi , e. herefordensi , & h. lincolniensi episcopis , nostris dedimus literis in mandatis , ut viros eeclesiasticos qui charissimo in christo filio i. regi angliae illustri , tunc excommunicationis vinculo innodato , ministerium , consilium vel auxilium praestiterunt , in hiis quae sunt contra justitiam et libertatem ecclesiasticam attemptata : illos quoque qui ab eodem rege post excommunicationem , vel ab aliis excommunicatis scienter per collationem vel praesentationem ecclesiastica beneficia sunt adepti , et similiter eos qui ob causas excommunicati praedictas , excommunicationis suae tempore beneficia contulere , similiter clericos et viros religiosos qui publice communicaverunt praefato regi , et aliis exc●ommunicatis authoritate apostolica nominatim in casibus non concessis , ab officiis et beneficiis ecclesiasticis suspenderent , donec se apostolicae conspectui praesentarent , cum suarum testimonio literarum plenam et meram continentium veritatem . illis duntaxat exceptis qui per satisfactionem condignam ad mandatum ecclesiae redierunt . ( this was the first sentence denounced against them , which because it now seemed too severe and burdensome , was thus qualified . ) quia vero divina gratia inspirante idem rex ad mandatum ecclesiae rediit , propter quod ejus meruit gratiam & favorem , et nimis onerosum esset ac durum ut tanta clericorum multitudo , praesertim cum quidam illorum minus , quidam vero gravius in praemissis deliquisse noscantur , ad nostram praesentiam elaboret . mandamus quatenus cum eis quos minus excessisse constiterit , misericorditer agas , prout pensatis undique circumstantiis videris expedire . how mercifully these ecclesiastical persons were dealt with for their loyalty to the king , is evident by the * fore-mentioned proceedings against the white monks , but especially against alexander cementarius , ( enforced to beg his bread ) who had many other fellow sufferers in a very high degree , instead of being advanced , rewarded , or at least indempnified , for their fidelity to their soveraign . * illis diebus , per praedictum legatum depositus est radulphus de arundel , abbas westmonasteriensis in crastino sancti vincentii per n. abbatem de wastham , missum ex parte legati ; fracto ipsius sigillo in capitulo . cujus loco substitutus est willielmum de humes ; prior frontoniae monachus cadonensis ; by this legates usurped power , who plaid the part of a pope as well as king in england . the turbulent , trayterous archbishop after the interdict released , out of malice and discontent , stirred up the barons to a new insurrection against the king about their liberties , the ground-work whereof he had laid the year before ; in pursuance of which , * convenerunt ad colloquium apud sanctum edmundum comites & barones angliae , quasi orationis gratia , licet in causa aliud fuisset . nam cum diu & secretius tractare coepissent , producta est in medium charta quaedam henrici regis primi , quam iidem barones à stephano archiepiscopo ( ut praedictum est ) in urbe londoniarum acceperant . continebat autem ●harta quasdam libertates , & leges regis edwardi sancti , ecclesiae anglicanae pariter & magnatibus regni concessas , exceptis quibusdam libertatibus quas idem rex de suo adjecit . itaque convenerunt vniversi ad ecclesiam sancti edmundi , & incipientibus majoribus , juraverunt super majus altare , quod si rex leges et libertates jam dictas concedere diffugeret , ipsi ei guerram tam diu moverent et ab ejus fidelitate se subtraherent , donec eis per chartam sigillo suo munitam confirmaret omnia quae petebant . atque in hoc tandem , communiter consenserunt , ut post natale domini simul omnes ad regem venientes , libertates praescriptas sibi peterent confirmari . atque interim in equis sibi et armis taliter providerent quod si forte rex a proprio vellet juramento , quod bene credebant , resilire propter suam duplicitatem , ipsi protinus per captionem castrorum suorum , eum ad satisfactionem compellerent . et his ita gestis unusquisque ad propria remeavit . * after the nativity , anno . they all coming to the king , demanded the confirmation of this charter , who craved time to advise thereon till after easter , being a great and difficult matter , highly concerning both himself and his crown ; the archbishop and two more becoming his sureties , that then he should give satisfaction to all of them . the barons against the time , rather preparing themselves for a battle , then conference with the king , assembled together at stamford , with an army inestimable for number , having archbishop stephen their principal abettor and conspirer , who yet seemed to side with the king , and was most assiduous about him : the barons marching as far as brackly , the king sent the archbishop to treat with them , who brought back a schedule of their claimed liberties , with this message ; that if he presently confirmed them not to them by his charter , they would force him to it , by seising all his castles and possessions . whereupon the king replyed , why do they not also demand the kingdom ; swearing never to enslave himself to such a concession ? the archbishop returning with this peremptory answer , the barons forthwith seized bedford castle , and were admitted into london , the citizens siding with them : whereupon the king appointed to treat with them at running-meed , whither the barons came with armed multitudes from all parts of the realm ; where after some parly , the king granted them their utmost desires , not only for their liberties specified in magna charta , and charta forestae , which he then sealed , and by his writs commanded to be put in due execution , but also that . peers elected by them ( to whom all were sworn to obey ) should force the king to observe these charters , if ever he receded from them , by seizing all his castles , * juratum est etiam a parte regis ; quod anglicana ecclesia libera sit , & quod omnes homines de regno nostro habeant & teneant omnes libertates praefatas , jura & consuetudines benè & in pace , liberè & quietè , plenè & integrè , sibi & haeredibus suis , de nobis & haeredibus nostris , in omnibus rebus & locis in perpetuum : et quod omnia supradicta , bona fide & sine malo ingenio , observabimus . all the barons and commons of the realm then and afterwards taking the same oath . the archbishop and barons thrust into this new charter many articles , clauses for their own , the churches , and popes advantage , not extant in the charter of king henry the . for whereas the first branch of his charter runs thus : * sanctam dei ecclesiam liberam facio : ita quod nec eam vendam , nec ad firmam ponam , nec mortuo archiepiscopo , vel episcopo , vel abbate , aliquid accipiam de dominio ecclesiae , vel de hominibus , donec successor in eam ingrediatur . this clause is thus altered and inlarged in king johns charter : * in primis concessisse deo , et hac praesenti charta nostra confirmasse pro nobis et haeredibus nostris in perpetuum , quod anglicana ecclesia libera sit , et habeat jura sua integra , suas et libertates illaesas , et ita volumus observari , quod apparet ex eo , quod libertatem electionum quae maxima et magis necessaria reputatur ecclesiae anglicanae , mera et spontanea voluntate , ante discordiam inter nos et barones nostros manifeste motam , concessimus , et charta nostra confirmavimus , et eam obtinuimus a domino papa innocentio papa tertio , confirmari : quam et nos observabimus , et ab haeredibus nostris in perpetuum bona fide volumus observari . by which clause the archbishop and bishops cunningly obtained and wrested a new charter from the king , concerning the freedom of elections to bishopricks and abbies , ( never insisted on before ) to deprive the king of his antient right and prerogative of recommending such as he though fit and faithfull to him and the kingdom thereunto , as right patron of them . and whereas no archbishop , bishop , abbot , clerk , or religious person could go out of the realm , or repair to rome , or to the pope upon any occasion or appeal , without the kings special license first obtained , nor return without it in cases of contempt ; they inserted this article into this charter : * liceat unicuique de caetero exire de regno nostro , et redire salvo et secure per terram et per aquam , salva fide nostra ; nisi in tempore guerrae per aliquod breve tempus , propter communem utilitatem regni ; exceptis imprisonatis et utlagatis , secundum legem regni , et gente contra nos guerrina et mercatoribus . by which they obtained liberty to depart the realm , and repair to the pope or court of rome , to all foreign monasteries , councils , and to return again freely at their pleasure , to the great prejudice of the king , kingdom , and enlargement of the popes usurped power and encroachments on the crown . they likewise inserted for the clergies advantage : * nulla ecclesiastica persona amercietur secundum quantitatem beneficii sui , sed secundum laicum tenementum suum , ( of which they had seldome any ) & secundum quantitatem delicti . moreover the archbishop and clergy would not be satisfied with this great charter , thus ratified and sworn unto by the king , without another special charter to themselves concerning the freedom of elections , which the king himself must not only confirm and seal , but the pope too : * concessit insuper eodem anno rex johannes , ut pronius corda praelatorum et magnatum sibi conciliaret , liberas in omnibus ecclesiae angliae electiones . et procuraverunt tam ipse rex , quam magnates et praelati , ut illa sua similiter hac charta et concessio , a papa confirmaretur , ( an innovation not formerly usual , much advancing , countenancing the popes usurped power above the crown , as if his ratification were more valid then the kings charter under his great seal ) unde ad maiorem securitatem , regalis ▪ charta in papali confirmatione inseritur bullata . volens autem rex johannes ad maiorem securitatem et robur diuturnitatis haec inviolabiliter observari ; ( as if the popes bull were then more valid and perpetual then his own charters ) misit ad dominum papam innocentium : rogans constanter , ut huic piae concessioni et confirmationi suae favorem dignaretur exhibere , et eandem bullae munimine confirmare . quae quia jam factus fuit obsequens papae vassallus ( an honourable title for a king of england ) et rex apostolicus , meruit quae petiit citius impetrare sub hac forma . innocentius episcopus , &c. venerabilibus fratribus & dilectis filiis universis ecclesiarum praelatis per angliam constitutis , salutem & apostolicam benedictionem . dignis laudibus attollimus magnificentiam creatoris , postquam idem , qui est mirabilis & terribilis in consiliis super filios hominum , aliquamdiu tolleravit ut per flando discurret per areolam horti sui spem tempestatis quasi ludens , taliter in orbe terrarum , ut sic ostenderet infirmitatem & insufficientiam nobis , statim cum voluit , dixit & aquiloni , da , & austro , noli prohibere , imperansque ventis per mare , statuit procellam in aura , ut nautae portum inveniant praeoptatum . cumque enim inter regnum et sacerdotium anglicanum , non sine magno periculo atque damno , super electionibus praelatorum gravis fuerit controversia diutius agitata ; illo tandem , cui nihil impossibile est , quique ubi vult spirat mirabiliter operante , charissimus iohannes rex anglorum illustris , liberaliter ex mera et spontanea voluntate , ( therefore an act of grace , though forced , not of right , duty to the bishops and church ) de consensu communi baronum suorum , pro salute animae suae , et praedecessorum suorum et successorum , nobis concessit , et suis literis confirmavit : ut de caetero in universis et singulis ecclesiis ac monasteriis , cathedralibus et conventualibus totius regni angliae , in perpetuum liberae fiant electiones quorumcumque praelatorum , majorum et etiam minorum . nos igitur hoc gratum et ratum habentes , concessionem hujusmodi vobis et per vos ecclesiis et successoribus vestris , prout in eisdem literis regis perspe●imus contineri , authoritate apostolica confirmamus , et praesentis scripti patrocinio communimus . ad majorem autem firmitatem , et perpetuam memoriam hujus rei , praefatas regis literas super hoc confectas , praesentibus misceri fecimus , quarum tenor talis est . johannes dei gratia rex angliae , dominus hiberniae , dux normaniae & aquitaniae , comes andegavensis , archiepiscopis , episcopis , comitibus , baronibus , militibus , ballivis & omnibus has literas visuris salutem . quoniam inter nos et venerabiles patres nostros stephanum cantuariensem , totius angliae primatem et sanctae ecclesiae romanae cardinalem , willielmum londinensem , e. elyensem , e. herefordensem , iohannem bathoniensem et glastonensem , et hubertum lincolniensem episcopos super damnis et ablatis eorum tempore interterdicti , per dei gratiam de mera et libera voluntate utriusque partis plene convenit ; volumus non solum eis quantum secundum deum possumus satisfacere , verum etiam toti ecclesiae anglicanae salubriter et utiliter in perpettum providere . inde est quod qualiscunque liscunque consuetudo temporibus et praedecessorum nostrorum hactenus in ecclesia anglicana fuerit observata , et quidquid juris nobis hactenus vendicaverimus , de caetero in universis et singulis ecclesiis et monasteriis , cathedralibus et conventualibus , totius regni angliae , liberae sint in perpetuum , electiones quorumcunque praelatorum , majorum et minorum : salva nobis et haeredibus nostris custodia ecclesiarum et monasteriorum vacantium , quae ad nos pertinent . promittimus etiam , quod nec impedire permittemus , per nostros , nec procurabimus , quin in universis et singulis monasteriis et ecclesiis postquam vacaverint praelaturae , quemcumque voluerint libere sibi praeficient electores pastorem ; petita tamen a nobis prius et haeredibus nostris licentia eligendi ; quam non denegabimus nec differremus . et si forte accidat quod denegaremus , vel differremus ; nihilominnus procedant electores ad electionem canonicam faciendam . et similiter post celebratam electionem noster requiratur assensus , quem non denegabimus nisi adversus eandem rationale proposuerimus , et legitime probaverimus propter quod non debemus consentire . quare volumus et firmiter jubemus , ne quis vacantibus ecclesiis vel monasteriis , contra hanc nostram concessionem et constitution em in aliquo veniat vel venire praesumat . si quis vero contra hoc aliquo tempore veniat , maledictionem dei omnipotentis et nostram incurrat . his testibus p. wintoniensi episcopo , w. mareschallo , comite penbrock , willielmo comite warrenniae , r. comite cestriae , s. comite wintoniensi , g. de mandevilla comite gloverniae & essexiae , w. comite de ferrariis , g. briwere , w. filio geraldi , w. de cantelupo , h. de novilla , robertus de wer , w. de huntinfeild . datum per manum magistri roberti de marisco cancellarii nostri , decimo quinto die januarii , apud novum templum londini ; anno regni nostri decimo sexto . nulli ergo omnino homini liceat hanc paginam nostrae confirmationis infringere , vel ei ausu temerario contraire . si quis autem hoc attentare praesumpserit , indignationem omnipotentis dei , et beatorum petri et pauli apostolorum ejus , se noverit incursurum . datum laterani , tertio calendas aprilis ; pontificatus nostri anno decimo octavo . that this charter was originally contrived as well as promoted by the archbishop , is evident by this record . rex s. cantuariensi archiepiscopo , &c. noverit sanctitas vestra quod grata est nobis , & accepta forma nobis nota de electionibus faciendis , salvo in omnibus jure nostro . dimittemus autem post nos venerabilem patrem nostrum p. wintomensem episcopum , una cum aliis fidelibus nostris quos deputabimus & potentes faciemus ad assensum nostrum praestandum in huiusmodi electionibus salva dignitate nostra . sciatis etiam quod nulla inter nos est controversia . teste me ipso apud turrim london . duodecimo die jun. this charter ( though it saved this part of the kings prerogative , to petition him and his heirs for licenses to elect & for his assent ) gave a great wound to his ecclesiastical supremacy , and made all chapters , covents , bishops , monks , yea popes and their agents to slight his regal authority , and licenses too , insomuch that he could preferre no person to any bishoprick , monastery , or elective dignity , but whom the electors pleased to make choice of ; and if he recommended any to them , though never so fit , and with great importunity , courtship , and submission to every chapter or covent , yet they to shew their pride , power ; and preserve their freedom in elections , would seldome elect any whom our kings recommended , unlesse upon some special reasons for their own emolument . the archbishop besides this general charter , obtained from the king this special charter to him and his successors , of the advowson , custody , disposition of the bishoprick and temporalties of rochester , during the vacancy , and that they should restore the bishop of rochester his regalia , and receive fealty from him as patron of this bishoprick , without his regal assent before or after the election , reserving only a fealty from the bishop of rochester , as to his prince , but not for his lands ▪ whereby he created the archbishop a petty king , and in some sort unkinged himself as to this bishoprick , giving away all the services due to him and his heirs out of it ; to the archbishop and his successors , to reclaime him from his treachery and rebellion by this transcendent favour , which he presently turned into treachery . johannes dei gratia rex angliae , &c. archiepiscopis , &c. sciatis nos pro saluto animae nostrae , & antecessorum , & successorum nostrorum regum angliae , de communi consilio episcoporum , comitum , baronum , & aliorum fidelium nostrorum reddidisse & concessisse deo & ecclesiae christi cantuar. & venerabili patri nostro s. cantuariensi archiepiscopo , totius angliae primati , & sanctae romanae ecclesiae cardinali , patronatum ecclesiae episcopatus roffensis , cum omnibus pertinentiis , dignitatibus , libertatibus , & liberis consuetudinibus suis ; ita quod vacante illa sede episcopali custodiam , et ordinationem illius ecclesiae , idem archiepiscopus et successores sui habeant libere et pacifice in perpetuum ut patroni . ita quod in ordinatione illius ecclesiae de episcopo et episcopi electione , nec ante , nec post electionem episcopi ( marcke it ) regius requiretur assensus , set totum ad archiepiscopum quicunque fuerit pertinebit . episcopus autem vel electus loci illius temporalia quae prius vocabantur regalia , de manu praedicti archiepiscopi et successorum suorum plenarie recipiet , et fidelitatem ei faciet de feodis pertinentibus ad ecclesiam illam episcopalem tanquam patrono ejusdem episcopatus : servitia autem quae nobis inde et heraedibus nostris debentur , episcopus , qui pro tempore ibi fuerit facerit predicto archiepiscopo & successoribus suis in perpetuum tanquam dominis et patronis , et ipse archiepiscopus et successores sui eadem servitia per manus suas nobis et successoribus nostris facient . faciet quoque episcopus roffensis nobis et heredibus nostris fidelitatem tanquam principi , set non propter feodum . quare volumus et firmiter precipimus , quod predictus archiepiscopus et successores sui predictum patronatum episcopatus roffensis cum custodia et ordinatione ejusdem , cum vacaverit , habeant et teneant libere et quiete , pacifice , integre , et plenarie , cum omnibus pertinentiis dignitatibus , libertatibus , et liberis consuetudinibus imperpetuum sicut praedictum est . prohibemus autem ex parte dei omnipotentis , et beatae mariae , et omnium sanctorum , et nostra , ne quis contra hanc piam et liberalem redditionem et concessionem nostram venire praesumat . quod si quis fecerit maledictionem dei et beatae petri , et omnium sanctorum ac nostram incurrat . testibus dominis w. londonensi , p. wintoniensi , r. elyensi , e. herefordensi , j. bathoniensi & glast . h. hunting . episcopis , r. comite cestriae , w. marr. comite pembroc , w. comite arundell , w. comite warren . w. comite de ferrariis , s. comite winton . w. briwerr . roberto filio walteri , galfrido de mandevill , richardo de muntificher , thoma de erdington . dat. per manum magistri richardi de marisc . cancellarii nostri , apud novum templum london . xxij . die novembris , anno regni nostri sexto decimo . how well he requited the king , by betraying rochester castle to the barons , soon after you shall * hear more . the archbishop , bishops , and barons , having by treachery fraud , and force thus wrested all these charters , and confirmations from king john , thereby in a manner totaly devested him of all his ecclesiasticall and civil royal authority in church and state , deemed themselves , the church and kingdom in a most happy secure , flourishing , prosperous condition for the future ; when god by his providence sodenly blasted all their hopes , by alienating the kings heart from them , and by making use even of the popes usurped power , interest in england , ( which they were the principal instruments to promote to dethrone their lawful king , ) the instrument to scourge , excommunicate , punish , and revenge their rebellions against the king , and null most of the charters wrested from him , by his bulls . for king john with drawing and obscuring himself from his bishops and barons in the isle of wight , sent messengers secretly to rome , to complain and appeal to the pope against their treasons , rebellions , and the charters forcibly extorted from him , whiles under the popes protection ; who thereupon vacated the charters , thus recorded by matthew paris . per idem tempus steterunt romae in praesentia domini papae , nuncij regis anglorum ; allegantes coram eo rebelliones et iniurias , quas barones angliae ( by the archbishops initigation ) excitaverant adversus regem memoratum , exigentes ab eo quasdam leges et libertates iniquas , quas dignitatem regiam non decuit confirmare . et cum post motam inter eos discordiam , rex et barones de pace tractaturi multoties convenissent ; idem rex publice protestatus est coram eis , regnum angliae ratione dominii ad romanam ecclesiam specialiter pertinere . ( which he only complementally affirmed , but the barons utterly denied it . ) vnde nec potuit nec debuit praeter conscientiam domini papae de novo aliquid statuere , vel quicquam in ejus praejudicium in regno immutare . quocirca cum interposita appellatione , seipsum et omnia jnra regni sui sub protectione sedis apostolicae supposuisset ; dicti barones appellationi factae non deferentes , civitatam londoniarum , quae caput regni sui est , proditione sibi traditam occuparunt , et adhuc detinent occupatam . quod cum factum fuisset , ad equos convolantes et arma , exegerunt a rege libertates praescriptas sibi confirmari . ipseque eorum metuens impetum , quod petebant non ausus est denegare . porrexerunt ergo nuncij memorati domino papae quaedam capitula de charta praedicta , in scriptum redacta , quae causae regis magis videbantur congruere . quae cum diligenter inspexisset , cum admiratione respondit , rugis contractis indignationem testantibus : nunquid barones angliae regem cruce signatum , et sub protectione sedis apostolicae constitutum , a solio regni nituntur expellere , et dominium romanae ecclesiae ad alium transferre ? * per sanctum petrum , hanc injuriam non poterimus praeterire impunitam . tunc papa habita deliberatione cum cardinalibus , chartam saepe dictam de libertatibus regni angliae concessis , in perpetuum per sententiam diffinitivam damnatam cassavit , et in illius rei testimonium , regi anglorum privilegium subscriptum transmisit . ( by which sentence , and the several grounds , reasons therein alleaged for avoyding the great charter as obtained from the king through force , fear , circumvention , rebellion , this pope totally nuls and subverts king johns charter of resignation and oblation made unto himself by like means but the year before . ) innocentius episcopus , servus servorum dei , universis christi fidelibus hanc paginam inspecturis , salutem & apostolicam benedictionem . etsi charissimus in christo filius noster johannes rex anglorum illustris , deum et ecclesiam vehementer offenderit , unde nos eum vinculo excommunicationis innodavimus , et regnum ejus ecclesiastico subjecimus interdicto ; ipse tamen ( illo misericorditer inspirante ) qui non vult mortem peccatoris , sed convertatur & vivat , tandem conversus ad cor , deo et ecclesiiae humiliter satisfecit ; in tantum , quod non solum recompensationem prodamnis , et restitutionem exhibuit pro ablatis , verum etiam plenariam libertatem contulit ecclesiae anglicanae . quinimo utraque sententia relaxata , regnum suum tam angliae quam hyberniae , beato * petro et ecclesiae romanae concessit , recipiens illud a nobis infeudum sub annuo censu mille marcarum , fidelitatis nobis inde praestito juramento , sicut per privilegium ejus apparet * aurea bulla munitum . adhuc etiam omnipotenti deo amplius placere desiderans , signum vivificae crucis reverenter accepit , profecturus in subsidium terrae sanctae , ad quod se magnifice praeparabat . sed humani generis inimicus , qui semper consuevit bonis actibus invidere , suis * callidis artibus adversus eum barones angliae concitavit , ita ut ordine perverso in illum insurgerent , postquam conversus ecclesiae satisfecit , qui assistebant eidem quando ecclesiam offendebat . orta siquidem inter eos dissensionis materia , cum plures dies statuti fuissent , ad tractandum de pace , utrinque interim sollemnes nuncii ad nostram fuerunt praesentiam destinati . cum quibus habito diligenti tractatu , post plenam deliberationem scripsimus per eosdem stephano cantuariensi archiepiscopo et episcopis anglicanis ; praecipiendo mandantes , ut ad reformandam inter utrosque veram et plenam concordiam diligens impenderent studium et operam efficacem , omnes conjurationes et conspirationes , si quae fuerant forte praesumptae a tempore subortae discordiae inter regnum et sacerdotium , apostolica denuntiantes authoritate cassatas , et per excommunicationis sententiam inhibentes netalia de caetereo praesumerentur a quoquam . magnates et nobiles angliae monendo prudenter , et efficaciter injungendo , ut per manifesta devotionis et humilitatis indicia , ipsum regem sibi placare studerent : ac deinde si quid ab eo ducerent postulandum , non insolenter sed humiliter implorarent , regalem conservantes ei honorem , et exhibentes servitia consueta , quae ipsi et praedecessores eorum sibi et praedecessoribus impenderunt : cum ab eis ipse rer non debet absque judicio spoliari , ut sic quod intenderent , possent facilius obtinere . nos enim eundem regem per litteras nostras rogavimus & monuimus , & per praefatos archiepiscopum & episcopos nihilominus rogari & moveri mandavimus , in remissionem sibi peccaminum injungentes ; quatenus praedictos magnates , et nobiles benigne tractaret et justas eorum petitiones clementer admitteret ; ut et ipsi congaudendo cognoscerent eum in meliorem statum divina gratia esse mutatum , ac per hoc ipsi et haeredes eorum sibi et haeredibus suis deberent promptius et devotius * familiari : plena eis in veniendo , morando et recedendo securitate concessa , ita quod si forte nequiret inter eos concordia provenire , in curia sua per pares eorum secundum leges et consuetudines regni suborta dissensio sopiretur . verum antequam nuncii cum hoc provido & justo mandato rediissent , illi * juramento fidelitatis omnino contempto , cum et si rex eos injuste gravasset , ipsi tamen non debuissent sic agere contra eum , ut in causa sua iidem judices et executores existerent . ( was not himself so in all his proceedings against king john ? ) vassalli contra dominum , et milites contra regem , publice conjurantes non solum cum aliis , sed cum ejus manifestissimis inimicis praesumpserunt contra eum arma movere : ( and did not the pope , archbishops , bishops and their partizans , then joyne with the french to invade and depose king john their lawful king , though his vassals and soldiers ? ) occupantes et devastantes terras illius ita quoque quod civitatem londinensem , quae sedes est regni , proditione sibi traditam invaserunt . interim autem praefatis nunciis revertentibus , rex obtulit eis secundum formam mandati nostri justitiae plenitudinem exhibere , quam ip●● om●ino spernentes , caeperunt manus extendere ad peiora . ( and did not the pope and exiled bishops the like before ? ) vnde rex ipse ad audientiam nostram apellans , obtulit eis exhibere justitiam coram nobis , ad quem hujus causae judicium ratione dominii pertinebat : quod ipsi sunt penitus aspernati . ( not acknowledging the popes dominion over them by king johns charter . ) deinde obtulit illis , ut tam ab ipso quam ab illis quatuor viri eligerentur prudentes , qui una nobiscum subortam inter eos discordiam terminarent ; promittens , quod ante omnia revocaret vniversos abusus quicunque fuissent in angliae suo tempore introducti : sed nec hoc illi dignati sunt acceptare . tandem illis rex proposuit , quod cum regni dominium ad romanam ecclesiam pertineret , ipse non poterat nec debebat absque nostro speciali mandato quicquam de illo in nostrum prejudicium immutare . vnde rursus ad nostram audientiam appellavit , seipsum ac regnum cum omni honore , ac jure suo apostolicae protectioni supponens . sed cum nullo modo proficeret , postulavit ab archiepiscopo et episcopis , ut nostrum exequeretur mandatum ; ius ecclesiae romanae defenderent , ac tuerentur eundem secundum formam privilegii cruce signatis indulti . porro , cum ipsi nihil horum facere voluissent , ( though they readily interdicted the whole realm , excommunicated the king , and deprived him of his crown upon the popes command before ) videns se omni auxilio et consilio destitutum ; quicquid illi ausi sunt petere , non est ausus ipse negare . vnde compulsus est per vim et metum , qui cadere poterat in virum etiam constantissimum , compositionem inire cum ipsis non solum vilem et turpem , verum etiam et iniquam ; in nimiam derogationem ac diminutionem sui juris pariter et honoris . ( and was he not thus compelled by force , fear , more vilely to resign his crown , kingdoms , to this pope and resume them from him by his charter ? ) quia vero nobis a domino dictum est in propheta . constitui te super gentes & regna ut evellas & destruas , aedifices , & plantes . ( spoken to jeremiah not the pope , not then in being as i have largly proved ) itemque per alium prophetam : dissolve colligationes impietatis , solve fasciculos deprimentes . nos tantae malignitatis audaciam dissimulare nolentes , in apostolicae sedis contemptum , regalis iuris dispendium , anglicanae gentis opprobrium , et grave periculum totius negotii crucifixi ; quod ubique immineret nisi per authoritatem nostram revocarentur omnia , quae a tanto principe crucesignato taliter sunt extorta , et ipso volente ea servare , ex parte dei omnipotentis patris et filii et spiritus sancti , authoritate quoque apostolorum ejus petri et pauli , ac nostra , de communi fratrum nostrorum consilio compositionem hujusmodi reprobamus penitus et damnamus sub intimatione anathematis prohibentes ne dictus rex eam observare presumat , aut barones cum complicibus suis ipsam exigant observari ; tam chartam , quam obligationes seu cautiones quaecunque pro ipsa vel de ipsa sunt factae , irritantes penitus ex cassantes ; ut nullo unquam tempore aliquam habeant firmitatem . datum agnaniae nono calendas s ptembris pontificatus nostri decimo octavo . a direct judgment in point against king johns own charter to this pope . the pope after this sentence pronounced to null the great charter and charter of the forest , thought meet to write another letter and bull to the barons of england , severely censuring them for their rebellion and desobedience to the king and his commands , and opposing his papal interest in the realm . cassatis hunc in modum libertatibus praedictis , idem papa baronibus angliae scrip●●● in haec verba . innocentius episcopus servus servorum dei , nobilibus viris baronibus angliae spiritum consili● sanioris . utinam in persequutione quam temere commovistis adversus dominum vestrum regem , attendissetis prudentius fidelitatis praesiitae juramentum , jus apostolicae sedis , nostrae provisionis mandatum , et privilegium crucesignatis indultum . quia proculdubio non sic processistis ad factum , quin omnes qui illud audiunt , quasi facinus detestantur ; praesertim cum in causa vestra vos ipsos judices et executores feceritis eodem rege parato curia sua , vobis per pares vestros secundum consuetudines et leges regni , justitiae plenitudinem exhibere , vel coram nobis , ad quem hujus causae judicium ratione dominii pertinet , vel etiam coram arbitris eligendis hinc inde una nobiscum in ipso negotio processuris . vnde cum nihil horum dignati fueritis acceptare , ad nostram audientiam appellavit , seipsum ac regnum cum omni honore et jure suo apostolicae protectioni supponens : publice protestando , quod cum ejusdem regni dominium ad romanam ecclesiam pertineret , ipse non poterat nec debebat quicquam de illo in nostrum praejudicium immutare . cum igitur illa compositio qualis qualis ad quam per vim et metum induxistis eundem , non solum sit vilis et tur●is , verum etiam illicita ex iniqua , ut merito sit ab omnibus reprobanda , maxime propter modum : ( and was not kings johns charter to himself and successors much more such upon the same account ? ) nos qui tam regi quam regno tenemur et spiritualiter et temporaliter providere , per apostolica scripta vobis praecipiendo mandamus , & in recta fide consulimus , quatenus facientes de necessitate virtutem , renuncietis compositioni hujusmodi per vos ipsos , et satisfaciatis eidem regi ac suis de damnis et . injuriis irrogatis : ut jdem rex per manifesta devotionis et humilitatis indicia placatus a vobis , per seipsum emendet et benigne concedat quicquid de jure fuerit concedendum . ad quod etiam & nos ipsum efficaciter inducemus . quoniam sicut nolumus , quod ipse rex suo jure privetur : ita volumus ut ipse a vestri gravamine desistat : nec per consuetudines pravas et exactiones iniquas , sub nostro dominio regnum angliae opprimatur . eritque firmum et stabile in perpetuum , quod tali modo fuit ordinatum . inspiret igitur vobis ille qui neminem vult perire , ut adquiescatis humiliter nostris salubribus consiliis et mandatis , ne si secus egeritis , in eum incidatis necessitatis articulum quem tandem evadere sine multo gravamine non possitis . quemadmodum ut de caeteris taceamus , nulla ratione dissimulare possemus grave periculum totius negotii crucifixi quod utique emineret , nisi per authoritatem nostram revocarentur omnino , qu● a tanto principe cruce signato taliter sunt extorta , etipso volente illa observari . quare dum apud nos archiepiscopus & episcopi angliae praesentes extiterint in concilio generali quod ad expediendum crucis negotium principalius intendemus celebrare ; procuratores idoneos ad nostram presentiam destinetis , secure vos nostro beneplacito committentes , quia nos ea favente domino statuemus per quae gravaminibus & abusibus de regno angliae prorsus exclusis , rex suo sit iure et honore contentus , et tam clerus quam populus universus debita pace ac libertatelaetetur . datum agnaniae nono calendas septembris pontificatus nostri anno decimo octavo . cumque tandem rege anglorum procurante magnates angliae has literas tam commonitorias quam comminatorias accepissent , noluerunt desistere ab ineaeptis , sed adhuc insurgentes eum acriter infestabant , dicendo de papa illud propheticum . ve qui justificatis impium , &c. so much did they ( together with the archbishop their ringleader ) then slight and contemn the pope with his bulls , mandates and a postolical authority when they crossed their own interests , and humors . in the mean time the treacherous archbishop , to demonstrate his gratitude to king john for the patronage and royalty of the bishoprick of rochester newly * conferred on him and his successors , delivered up rochester castle with all the ammunition therein to the barons : erat autem paulo ante castrum illud a rege archiepiscopo fiducialiter commissum : veruntamen qua conscientia nescio . dominus scit , * regis illud tradiderit inimicis . such an ingreatfull archtraitor proved he to his indulgent soveraign ; who after . months seige took it by force out of the barons hands ; who principally by his encouragment proceeded most obstinatly in their rebellions against the king : whereupon the pope proceeded to excommunicate them . eodem tempore papa innocentius , videns baronum rebellionem , quod videlicet a persequutione regis desistere contempserunt , excommunicavit eosdem , atque sententiae executionem episcopo wintoniensi , abbati de redinge , & pandulpho ecclesiae romanae subdiacono , sub hac forma commisit . innocentius episcopus , &c. p. wintoniensi episcopo , abbati de redinge & pandulpho ecclesiae romanae subdiacono salutem & apostolicam benedictonem . miramur plurirhum & movemur , quod cum charissimus in christo filius noster johannes illustris rex angliae , supra spem domino et ecclesiae satisfecerit , et presertim fratri nostro stephano cantuariensi archiepiscopo , et episcopis ejus , quidam eorum minus quam oportuerit et decuerit ad sanctae crucis negotium , apostolicae sedis mandatum , et fidelitatis praeftitae juramentum debitum , imo nullum habentes respectum ; ei contra perturbatores regni , ( quod ad romanam ecclesiam ratione dominii pertinere dinoscitur ) auxilium non praestiterint vel favorem , quasi conscii , ne dicamus socii conjurationis iniquae : ( a true character of these traitorous prelates , himself formerly made use of against the king , ) quia non caret scrupulo societatis iniquae , qui manifesto facinori desinit obviare . ecce qualiter patrimonium romanae ecclesiae pontifices praefati defendunt ? qualiter crucesignatos tuentur , imo qualiter se opponunt his qui distruere moliuntur negotium crucifixi ? pejores proculdubio saracenis existentes ; ( so he reputed these bishops ) cum illum conantur a regno depellere de quo potius sperabatur quod deberet succurrere terrae sanctae . vnde ne talium insolentia non solum in periculum regni angliae , verum etiam in pernitiem aliorum regnorum , et maxime , in subversionem totius negotii crucifixi valeat praevalere , nos ex parte dei omnipotentis , patris , & filii , & spiritus sancti , authoritate quoque apostolorum ejus petri & pauli , ac nostra ; omnes hujusmodi perturbatores regis et regni angliae , cum complicibus et fautoribus suis excommunicationis vinculo innodamus , et terras eorum ecclesiastico subijcimus interdicto ; prefato archiepiscopo et coepiscopis suis in virtute obedientiae districtissime injungentes , ( who yet neglected to yeild him any obedience therein , ) quatenus nostram sententiam singulis diebus dominicis et festivis , pulsatis campanis , et candelis accensis , solemniter per totam angliam publicare procurent ; donec satisfacerint domino regi de damnis et injuriis irrogatis , et ad ejus obse quium fideliter revertantur . universis insuper ejusdem regis uassallis in remissionem peccatorum ex parte nostra jungentes , ut contra perversores hujusmodi , praefato regi tribuant consilium et juvamen . si qui autem episcoporum , hoc nostrum praeceptum neglexerit adimplere , sciat se ab episcopali officio suspensum , et subjectorum obedientiam esse subtractam : quia justum est ut eis inferiores non obediant , qui suo superiori obedire contemnunt . ne igitur mandatum alicujus tergiversatione valeat impediri , excommunicationis causam praedictorum , cum ceteris quaead hoc negotium pertinuerint , vobis duximus committendum ; per apostolica vobis scripta mandantes , quatenusprotinus omni appellatione postposita , procedatis sicut videritis expedire . the archbishop and some of his suffragans , cordial to the barons , though pressed by the king , refused to excommunicate any of them ; whereupon to leave him voyd of any excuse , the popes agents gave him a personal command to execute the excommunication which he delayed to do , whereupon they suspended him . hac praeterea tempestate , p. wintoniensis episcopus , & magister pandulphus , ad archiepiscopum cantuariensem , personaliter accedentes , ex parte domini papae firmiter praeceperunt , ut sententiam sedis apostolicae in barones angliae romae generaliter latam , suffraganeis cantuariensis ecclesiae committeret publicandam : et ipsemet , quantum ad ipsum spectabat , singulis diebus dominicis et festivis per totam cantuariensem diocesim faceret publicare . erat autem jam idem naves ingressus , ut romam ad concilium properaret , unde postulavit inducias , quousque domini papae colloquio frueretur , ad sententiam publicandam , constanter affirmans , quod tacita veritate sententia fuerat in barones lata ; et ideo nullo modo se illam publicaturum respondit donec super praemissis viva voce summi pontificis cognosceret voluntatem . at memorati hujus rei executores , cum archiepiscopum domini papae praeceptis inobedientem cognovissent , authoritate qua fungebantur usi , ipsum ab ecclesiae ingressu acdivinorum celebratione suspenderunt . quam ille suspensionem humiliter observans , sedem apostolicam suspensus petivit . cunc episcopus wintoniensis cum conjudice suo pandulpho , barones angliae omnes , qui regem a regno depellere moliebantur , excommunicatos denuntians , singulis diebus dominicis et festivis , latam sententiam innovavit . sed magnates quoniam in authentico domini papae nullus eorum fuerit nominatim expressus , dictam sententiam non observantes , inanem et nullam reputabant . hereupon king john complained to the pope of the barons obstinacy , in rejecting all his proposals of peace and reconciliation to them , though never so reasonable , and that yet the archbishops refused to excommunicate them . domino papae salutem , & debitam tanto domino ac patri cum devotione reverentiam . sanctitati vestrae grates referimus multiplices , de literis vestris pro nobis a paternitate vestra domino cantuariensi archiepiscopo & ejus suffraganeis porrectis , ne● non magnatibus & baronibus terrae nostrae , pro certo scituri , quod barones ipsi literas vestras in nullo exaudierunt ; dominus vero cantuariensis archiepiscopus , et ejus suffraganei mandatum vestrum executioni demandare supersederunt . ( though they were very forwards to pronounce the popes interdict against the whole realm , and excommunication of king john himself , and promote his deposition at the popes command . ) nos vero attendentes praemissa , asserebamus baronibus nostris ▪ quod terra nostra * patrimonium erat beati petri , ( a grosse mistake , since st. peter was never actually possessed of it in his life time , nor transmitted the inheritance thereof to popes , as his children or successors . ) et eam de beato petro et ecclesia romana , et de vobis tenebamus . ( when as the barons would never acknowledge england to be st. peters patrimony , nor yet this king but only in complement and policy , to gain the popes assistance to suppresse the bishops and barons insolencies and rebellions , st. peter having no patrimony at all therein . ) adjecimus etiam , quod cruce signati eramus , & pet●bamus beneficium & privilegium cruce signatorum , ne turbaretur terra hostra , ( therefore the kings , not st. peters patrimony , nor the popes ) & ne consumeretur in malos usus quam in subsidium terrae sancta expendere proposueramus , & appellavimus , per w. maraschallum , comitem pembrock , & w. comitem warren . contra perturbatores pacis terrae nostrae . verum quia cruce signati fuimus volentes in omnibus cum humilitate & mansuetudine procedere , salva appellatione nostra , obtulimus baronibus illis , quod omnes malas consuetudines suscitatas , et per quemcunque introductas temporibus nostris penitus aboleremus , nec non et malas consuetudines tempore regis richardi , fratris nostri , subortas extirparemus ; de consuetudinibus autem tempore patris nostri suscitatis , si quae essent quae eos gravarent , per consilium fidelium nostrorum operare●ur . sed nec hiis nec aliis supradictis contenti , omnia praemissa recusarunt . videntes igitur quod ipsi manifeste nitebantur ad turbationem regni nostri , rogavimus dominum cantuariensem archiepiscopum , et ejus suffraganeos , quod exequerentur mandatum vestrum , scilicet , quod secundum tenorem literarum vestrarum consueta nobis exhibere et servitia . et postea si quae a nobis petere vellent , cum humilitate et sine armis ea a nobis peterent , denunciantes eos excommunicatos qui p●st praedicta eis oblata pacem regni nostri perturbarent . et videbatur episcopa exon. et magistro pandulfo qui praesentes erant , quod de jure per sententiam excommunicationis eos compescere debebant : sed archiepiscopus respondens ait , quod sententiam excommunicationis in eos nullo modo proferret , quia bene sciebat mentem vestram , et videbatur nobis similiter , quod ita facere debebat , quia mandavimus gentem copiosam de terris extraneorum ad succursum terrae nostrae . et promisit nobis quod si eos revocare vellemus , non solum sententiam excommunicationis in eos inferret , verum etiam in quantum posset eis resisteret : vnde gentem nostram revocavimus . postmodum autem obtulimus eis per literas nostras patentes , per dominum cantuariensem archiepiscopum , & duos vel tres suffraganeos ejus eis delatas , quod nos eligerimus , ex parte nostra quatuor , & ipsi ex parte sua quatuor ; ita quod vos superiores constitueremini , de omnibus querelis libertatum quas ipsi proponerent et ad suas nos responderemus , quod quicquid vos una cum illis octo statueretis super omnibus quae ipsi peterent a nobis , nos gratum haberemus et teneremus . et quamvis se humiliare noluerunt versus nos sicut debuerunt , nos tamen pro servitio dei , et succursu terrae sanctae in tantum nos humiliavimus , quod haec praedicta eis obtulimus . et praeterea eis obtulimus quod de omnibus petitionibus suis per considerationem parium suorum iustitiae plenitudinem eis exhi●eremus . quod ipsi recusarunt . ad haec domine , die veneris in crastino ascensionis domini , venit ad hos frater willielmus de camera vestra , vester familiaris , deferens nobis literas vestras continentes , quod disposito peregrinationis nostrae itinere sanctitatis vestrae pedibus aliquem de nostris in concilio representaremus , paternitatem vestram de processu nostro et itineris nostri expeditione certificantes , super quo pie paternitati vestrae taliter respondemus , quod cum perversis baronum praedictorum inquietationibus ut ex praemissis vobis innotuit affligamur , nec possumus in eis bonum pacis invenire , quosal●em concordes afficiamur , ut sic facilius proposito insisteremus , vos de itinere nostro , et itineris nostri expeditione certos reddere non possumus : unum pro certo scientes , quod multi signatorum qui ad terrae sanctae succursum se accinxerunt de partibus longinquis , viri magni & nobiles ut in consortio nostro eos reciperemus benigne per suas literas & nuncios postulaverunt , quos pro praedictis incommodis super mandatis suis adhuc certificare non potuimus . praeterea pater reverende in praesentia praedicti fratris willielmi vestri familiaris , nec non & venerabilium patrum wygorniensis & coventrensis episcoporum , obtulimus praedictis baronibus , quod de omnibus petitionibus suis quas a nobis exigunt in vos benignissime compromitteremus , ut vos qui plenitudine potestatis gaudetis , quod justum foret statueretis , et haec omnia efficere renuunt . igitur pie pater dominationi vestrae praesentia duximus declaranda , ut de consueta benignitate vestra quod nobis videritis expedire inde statuatis . teste meipso apud odiham , xxix . die maii. soon after this letter of complaint to the pope ( whose power and usurpations increased by the barons rebellions ) there was a general council held at rome , to which the archbishop was summoned , and there suspended from his archbishoprick upon the kings complaints against him . eodem anno celebrata est romae , sancta & universalis synodus in ecclesia sancti salvatoris , quae constantiana appellatur , mense novembri , praesidente papa domino innocentio tertio , pontificatus ejus anno decimo octavo . in hoc concilio steterunt contra stephanum archiepiscopum cantuariensem , procuratores regis anglorum ; abbas videlicet de bello loco , thomas de hundintona , & godefridus de croucumbe , milites , constanter accusantes eum de conniventia baronum angliae , quodque ipsius favore et consilio iidem barones dictum regem a solio depellere molirentur . et cum a sede apostolica literas accepisset , ut dictos magnates per censuram ecclesiasticam a persequutione regis refraenaret , ipse id facere dissimulans , ab episcopo wintoniensi , et suis conjudicibus a divinorum celebratione et ingressu ecclesiae suspensus : sicque ad concilium prop●rans , manifestis indiciis se fuisse praeceptis apostolicis rebellem ostendit . his & aliis multis , in hunc modum allegatis , archiepiscopus quasi convictus , & non mediocriter confusus , nihil respondit ; nisiquod a suspensione petiit absolvi . cui papa cum indignatione tale fertur dedisse responsum : frater , * per sanctum petrum non ita de facili beneficium absolutionis impetrabis , qui non solum ipsi anglorum regi , ( this was no crime in him heretofore , but a virtue , by this popes resolution ) verum etiam romanae ecclesiae , tot et tales injurias irrogasti . ( this indeed was the only cause of his indignation , not his injuries to the king. ) volumus quoque cum plena fratrum nostrorum deliberatione decernere , qualiter tam temerarium puniamus excessum . tandem habito super hoc cum cardinalibus tractatu , suspensionis sententiam in ipsum archiepiscopum subscriptis literis confirmavit . ( a just , divine retaliation for all his former treasonable compliances with this pope , and after that with the barons against king john , from whom he had received so many obliging favours . ) when this suspension of the archbishop was executed , the pope commanded all his suffragans and subjects to disobey him , till by his humiliation and giving sufficient caution for his future deportment , he should demerit it , as this bull , or letter to all the clergy and laity of his province evidenceth . innocentius episcopus , &c. dilectis filiis clericis & laicis per cantuariensem provinciam constitutis , salutem & apostolicam benedictionem . ad communem volumus notitiam pervenire , quod nos suspensionis sententiam quam venerabilis frater noster p. wintoniensis episcopus , & dilectus filius p. subdiaconus , & familiaris noster norwicensis electus , in stephanum cantuariensem archiepiscopum authoritate apostolica protulerunt , ratam habemus , & praecipimus inviolabiliter observari , donec idem archiepiscopus , qui eam humiliter servat , mereatur ipsam juxta formam ecclesiae canonice praestitam relaxari , uno vinculo in aliud commutato . quocirca universitati vestrae per apostolica scripta mandamus quatenus & vos ipsi praescriptam sententiam firmiter observetis , cum interim nullam debeatis eidem obedientiam exhibere . datum laterani , . nonas novembris . pontificatus nostri anno xviij . here we cannot but with admiration consider , the just retaliation inflicted by gods wonderfull providence on this arch-traytor to king john. . the whole kingdom must be interdicted by the pope at this arch-prelates instigation , for the kings not admitting him to the actual possession of the see of canterbury , against the rights of his crown and kingdom . ly . the king himself must be personally excommunicated and not conversed with . ly . all his subjects absolved from their allegiance and obedience to him , till his humiliation to the pope : and now this pope even at rome it self , not only suspends , but ratifies this archbishops actual suspension from his archbishoprick , absolves all clerks & laymen in his province from their obedience to him , and commands them to yeild him no obedience at all , till he should humble himself to , and give satisfaction and caution to him for his future good behaviour . ly . that this archbishop ( the popes chief instrument to humble , depose k. john , & set up the pope in his throne ) should become the greatest stickler against this pope , the contemner , slighter of his interdicts , excommunications , censures , wherewith himself so much terrified the king and kingdom before . ly . that this pope who had been the kings professed enemy and dethroner , should now become his prime protector against those bishops and barons which himself first engaged to rebell against him ; though not upon king johns own account as their lawfull king , yet as his vassal and tributary to the church of rome , much against his will , which providentially proved his greatest advantage in some respects , though most prejudicial and dishonourable to him in others . ly . the just punishment inflicted by god and this pope upon simon the archbishops brother , a great stickler for him , and professed enemy to the king , and that at this very time , upon this occasion . the archbishoprick of york becoming void , the king by his letters patents granted the chapter of york a license to elect a new archbishop , in the presence of five commissioners , therein specially named , and with their consents , to prevent the election of this simon langhton , the archbishops brother , a great enemy to the king , this being the first license granted by him , after his * forecited charter to the archbishop and bishops for the freedom of elections . rex decano & capitulo eborac . &c. cum ecclesia vestra jamdiu pastorali fuerit regimine destituta , nos in hoc compatientes , pastorem sibi praefici idoneum , deo acceptum , et nobis et regno nostro utilem , salva dignitate nostra , vehementer afectamus , unde venerabiles viros r. eborum , h. belli loci regis , & r. de seleby , abbates , una cum fidelibus nostris willielmo briwer , & willielmo de cantilupo , senescallo nostro , loco nostro ad vos transmittimus , ut ipsis praesentibus et assensum praebentibus pastorem vobis eligatis idoneum , et nos ratum habebimus et stabile quicquid in praesentia ipsorum de assensu eorundem , super hoc factum fuerit . quod si non omnes interesse valeant , quod inde factum fuerit in praesentia praefati w. briwere , una cum uno vel duobus praedictorum nunciorum de assensu eorundem , ratum esse volumus et inconcussum . et in hujus rei testimonium , &c. vobis mittimus . teste meipso apud porec . vicesimo sexto die januarii , anno regni nostri xv . ●odem modo scribitur priori & conventui coventr . priori & conventui rames .. capitulo exon. decano & capitulo cicestr . priori & conventui de sancto edmundo . priori & conventui de burgo . priori & conventui dunolm . ●n relation to elections to be made by them of priors and bishops , to their then vacant churches . after which the king sent this patent of appeal to the chapter of york , in general termes , not to elect any person for their archbishop suspected to be an enemy to him , to avoid all misconstructions of his former charter for freedom of elections . rex dilecto sibi in christo capitulo eboracensi , salutem . sciatis nos appellasse , ne quis de gremio ecclesiae vestrae , vel alterius in archiepiscopum eboracensem eligatur , vel postuletur , qui nobis sit suspectus . hancque appellationem nostram per has literas nostras patentes renovamus . teste meipso apud waling . decimo tertio die maii. anno regni nostri xvi . and because these two former inhibitions were generall , the king by his expresse charter secretly prohibited them to elect simon la●ghton by name , to whom he would never give his royal assent . universis & singulis capituli eboracensis salutem . prohibemus ne quis vestrum s. decanum eboracensem , eligat in archiepiscopum eboracensem , quia hoc esset contra honorem nostrum , et commodum regni nostri : si quis autem ipsum elegerit , nunquam poterit sperare se pacem aut amorem nobiscum habiturum . hoc autem secretum esse volumus . the chapter notwithstanding the kings and popes inhibition likewise , to gratifie stephen archbishop of canterbury , elected simon la●ghton his brother archbishop of york : * vir quidem parum habens gratiae popularis , ●tinam dei : sed procurante rege citò cassatus est . poterat enim rex jam factus tributarius papae , difficilia impetrare ; timebat autem rex , ne si stephanus cantuariae archiepiscopus in australibus , & frater ejus simon ebor. archiepiscopus factus in septentrionalibus dominarentur , quasi maximi praelati in anglia , omnia ad votum eorum disponerentur , et alter alterius auxilio fulciretur . so matthew westminister . of which matthew paris renders us this larger account . circa dies istos , canonici eboracensis ecclesiae , m●lto jam tempore pastore viduati , impetrata a rege licentia , ad electionem faciendam pariter convenerunt . et licet a rege multis precibus fuissent rogati , ut walterum de gray , wigormensem episcopum , sibi susciperent in pastorem ; tamen reclamantes illiteratum , ipsum eligere distulerunt . veruntamen in electione procedentes , elegerunt magistrum simonem de langetona , fratrem archiepiscopi cantuariensis , sterantes in eo scientiam , quam appellant sapientiam , scilicet morum aromate conditam scientiam , insuper favorem domini papae obtinere . sed cum facta electio ad regis audientiam pervenisset , misit nuncios ad curiam romanam , qui contra electionem illam in praesentia domini papae exceptiones hujusmodi induxerunt . allegabant enim archiepiscopium cantuariensem regis angliae hostem esse publicum , ut qui baronibus angliae incentivum contra regem eundem praebuit et consensum . vnde si dictus simon , qui frater ejus est archiepiscopi memorati , ad archiepiscopatum eboracensem promoveretur , par regis et regni diu stare non poterit . haec igitur & similia allegantes incommoda , papam ad consensum induxerunt : unde capitulo eboracensi scripsit in haec verba . innocentius episcopus servus servorum dei , &c. cum magister simon de langetona , cum quibusdam aliis canonicis eboracensibus , in nostra nuper esset praesentia constitutus , nos ei viva voce interdiximus , ne ad obtinendum archiepiscopatum eboracensem intenderet , quia id certis ex causis minime pateremur , & ipse quidem , quantum verbis expressit , huic annuit reverenter . vnde mirari cogimur et moveri , si ipsum ambitio adeo ercaecaverit , ut cum sciret se post nostram prohibitionem , et suam promissionem expressam de jure eligi non posse , si tali praestiterit electioni consensum , quam , nullo alio contradicente , nos irritam haberemus . sed ne hac occasione fiat in anglia novissimus error pejor priore , vel eboracensis ecclesia diutius maneat pastore viduata , de communi fratrum noftrorum consilio , per apostolica vobis scripta praecipiendo mandamus , et in virtute obedientiae districte praecipimus , quatenus electione hujusmodi non obstante appellatione , cum insolentias et machinationes hujusmodi sustinere nolumus , nec debemus , omni occasione ac tergiversatione cessantibus , aliquos ex vobis cum communi * omni potestate ad instans concilium destinetis , qui saltem usque calendas novembris nostro se conspectui repraesentent , personam idoneam , cum nostro electuri vel postulaturi consilio in pastorem . alioquin extunc nos ipsi curabimus de idoneo vobis praesule * providere , contradictores , si qui fuerint , vel rebelles , per districtionem canonicam graviter punituri . si vero praefatus simon electioni de se factae consensit , nos poenam , in poenam suae praesumptioni statuimus , ut intelligibilis fiat , ne de caetero , absque dispensatione sedis apostolicae speciali , ad pontificalem eligi valeat vignitatem . datum idibus septembris , pontificatus nostri anno xviij . the canons of york , notwithstanding this bull , appearing in the council at rome , were so bold as to justifie their election , and present simon langhton to the pope for their archbishop elect , and presse his confirmation of him : which matthew paris thus relates , together with its event . his ita gestis , canonici eboracensis ecclesiae praesentaverunt domino papae magistrum simonem de langetona , postulantes ut ejus electionem confirmaret . quibus papa : noveritis quod ipsum non habemus pro electo , qui illum ad tantam dignitatem promoveri certis●de causis non patimur . et cum praecipue contra prohibitionem nostram ista sit electio celebrata , nos eam cassamus penitus , et in perpetuum damnamus ; decernentes utique ut intelligibilis fiat , ne absque dispensatione sedis apostolicae ad pontificalem eligi valeat dignitatem . cassata igitur electione praedicta , dominus papa canonieis praecepit ut statim in electione procederent , sin minus ipse eis pastorem provideret idoneum . ( by his newly usurped power of provisions . ) tunc canonici sicut prius provisum fuerat , postulaverunt walterum de grai episcopum wigorniensem , propter carnis munditiam , ut asserebant , ut qui ab utero matris p●rmanserat usque in praesentem diem . ad hoe dicitur papa respondisse : per sanstum petrum , virginitas magna virtus est , et nos eum damus vobis . itaque accepto pallio episcopus memoratus , rediit in angliam obligatus in curia romana de decem millibus librarum legalium esterlingorum . ( which he payd to this pope for his pall , as a true successor to simon magus , not to simon peter , in his symonical extortions . ) in fine autem , soluto concilio , extorsit papa de unoquoque praelato infinitam pecuniam : quam cum viaticis cogebantur ab usurariis suis mutuo duris conditionibus sumere . matthew paris in the life of william abbot of st. albans , present in this council , relates that , idem abbas willielmus , cum soluto concilio , accepta licentia cum benedictione , vellet recedere , in muneribus non respecto , dixit ei papa : nonne tu es abbas sancti albani , qui tot privilegiorum beneficia a nostra sede toties obtinuisti ? siccine decet talem ac tantum virum , me non respecto recedere ? et cum obtulisset quinquaginta marcas , amice redargutus , coactus est antequam exisset a camera ( in quam poenituit eum intrasse ) non sine turpi convitio , super solutionem centum marcarum satisfacere , quas mutuo ab usurariis curiae , non sine duris accepit conditionibus . levius tamen hoc tulit abbas et aequanimius , quia hoc idem fecit praelatis universis . quam pecuniam numeratam , cum per aliquem de suis ante pedes papales humiliter ac devote obtulisset , dedit ei cum su●benedictione sic comparata , remeandi licentiam . et sic recedens , romam murmurando salutavit , ibique reliquit eum magister rogerus porretanus , ( one of his monks who ▪ accompanied him to rome ) vir supra modum ambitiosus , ( who advised this abbot whiles at rome ) ut abbas resignaret abbatia●● suam in manus papae , sub obtentu sanctitatis , s●iturus quod majorem & uberiorem , pro certo reciperet dignitatem , si papa in tanto viro , talem videret humilitatem , & tam evidens sanctitatis argumentum . sed abbas nolens certa pro incertis commutare , consiliis ejus nullatenus acquievit : dixitque ei , magister , dictum est in proverbio vulgari : f●●lix quemfaciunt aliena pericula cautum . hoc fecisti tu de redditu tu● bathoniensi quem dimisisti , inhians uberiori , quem tamen nunquaem consequi valuisti . et silui● rogerus redargutus & confusus . there being nothing given , but every ecclesiastical preferment sold by this pope , to those that would give most money for it , yet no symony nor crime in this innocent . king john after all these proceedings against the baron● , bishops , and his good successes : audiens autem rex barones angliae esse excommunicatos , archiepiscopum c●ntuariensem suspensum , simonem fratrem ejus cassatum , walterum de gray promotum , & quod de castro roffensi pro lubitu disposuisset : elevatum est nimis cor ejus , & continuo castra movens , apud sanctum albanum cum festinatione perrexit . quo cum pervenisset , praesente conventu capitulum intravit , liter as de suspensione cantuariensis archiepiscopi fecit manifestè recitari ; constanter exigens a conventu , quatenus sub testimonio sigilli sui praefatae suspensionis confirmatio ad omnes angliae ecclesias , tam cathedrales quam conventuales , publicanda mitteretur . iurta illud poeticum : stricto supplicat ense potens . quod cum ei a conventu concessum fuisset , forte invito , continuo post capitulum in claustro cum paucis consiliariis sedrsim recedens , disposuit qualiter inimicos suos , magnates scilicet angliae confunderet , et quemadmodum exteris nationibus , quae sub ipso militabant , stipendia provideret . tandem rex duos ordinavit exercitus : ut videlicet ex uno baronum irruptiones londini morantium reprimeret ; ex altero , ipse aquilonares angliae provincias igne simul & ferro , quaeque sibi obvia conterendo , de●eret . these souldiers of the king were so incensed against the rebellious priests and clergy ▪ * vt sacerdotes ipsis altaribus ●stantes , signum sancta crucis manibus bajulantes , vel ipsum dominicum corpus tractantes , sacris vestimentis venerabiles , altaribus astantes religione deferendi ; irreverenter capiebantur , cruciabantur , spoliabantur , vulnerabantur : nec fuit pontifex , sacerdos , vel levita , qui vulneribus inflictis oleum infunderet vel vinum : they likewise pillaged the cathedral church of ely , which they entred with drawn swords , and forced the prior to pay them . marks of silver to save their lives , and church from burning , and wasted all the barons houses , mannors , lands with fire and sword . king john by reason of these high contests between the priesthood and kingship , the barons liberties and his own prerogative , was necessitated to resign up almost all his ecclesiastical , as well as temporal jurisdiction , to the pope and his legates , retaining only his ancient right of granting licenses to chapters , covents , to elect bishops , abbots , abbesses , priors , deans , and of assenting to their elections when made ; which yet must be left arbitrary , with a si placet to the pope and his nuncioes approbations , who rejected or confirmed the person recommended , elected , assented to by the king , at their pleasures , who could hardly procure any chapter or covent to elect any person he had a mind to preferre , but with many petitions , solicitations to them by himself and his instruments , and by other unkingly shifts and devices , being oft crossed , affronted , and seldome gratified therein , but with much difficulty and intreaty , as these ensuing records demonstrate . rex venerabili patri in christo , n. dei gratia tusculanensi episcopo , apostolicae sedis legato , &c. noverit prudentia vestra priorem & conventum de burton , secundum deum & consuetudinem regni nostri , eligisse sibi in abbatem s. priorem wintoniensem , et nos electioni eorum assensum praebuimus , ipsumque electum ad vos mittimus , rogantes quatenus electionem eius si placet , confirmare velitis . et in hujus rei testimonium , vobis mittimus . teste me ipso apud clarens , vicesimo tertio die januarii , anno regni nostri xv . mandatum est domino wintonienfi episcopo quod omnem curam & sollicitudinem apponat ut amita roberti ross , monialis de berking . promoveat in abbatissam ejusdem domus ; et si hoc fieri non potest , quod soror johannis de basingburn , priorissa de elleschirch , promoveatur in abbatissam , & si neutra illarum possit promoveri , quod priorissa ejusdem domus in abbatissam promoveatur . et quod nullo modo permittat , quod soror roberti filii walterii in abbatissam ejusdem domus promoveatur . the kings hands and perogative being so bound up by his charter for free elections , that he could not so much as promote , or hinder the promotion of any abbesse , dean , bishop , but only by his instruments , in such a disjunctive manner as this , and such a precarious way as was below a king , as he used this next ensuing for the dean of york . rex capitulo eborac , &c. quoniam de honestate dilecti nostri magistri w. archdiaconi noting . certi sumus , & de fidelitate confidimus , vos rogamus attentius , quatenus cum ecclesiae vestrae utilis , et nobis dignoscatur esse fidelis , omni cessante contradictione unanimi assensu ipsum eligatis in decanum , quia nos in personam ejus favoribiliter assentimus . tantum igitur inde facere velitis intuitu nostri et obtentu precum nostrarum , maxime cum justae sint et honestae , ut ad uberrimas vobis pro eo teneamur gratiarum actiones . rex domino p. wintoniensi episcopo , &c , quoniam de honestate dilecti nobis magistri w. archidiaconi notingh . non dubitamus , ut de ejus fidelitate confidimns , nec possit ad praesens effectum capere voluntas vestra quam gessimus in corde de nepote vestro in decan . eborum promovendo , quod moleste ferimus , ut omnis sopiatur contentio in praedicta ecclesia , uolumus , et vobis mandando injungimus , ut non obstante quod nepos vester praedictus decanatum illum non adeptus est , efficiatis quod dictus archidiaconus noting . ad decanatum eborum promoveatur , quia nos in personam ejus assentimus . nec sit vobis haec res molesta , quoniam dicto nepoti vestro alibi per dei gratiam sufficienter providebimns et decenter . apud parten . uicesimo die septembris . rex domino p. wintoniensi episcopo justiciario angliae , &c. quoniam arduis perplexi negotiis in partibus pictaviae petitioni prioris & conventus sancti albani nobis factae , de eligendo sibi abbate operam non potuimus ad praesens dare efficacem : mandavimus eisdem , ut ab electione facienda cessent donec in angliam venerimus , et post . diesex quo audierint nos advenisse in angliam , coram nobis compareant nobiscum locuturi . uos igitur eos inducatis ne dilationem istam moleste ferant , providentes ne interim electionem facere praesumant . terr as autem eorum , tenementa , nemora & homines , & omnia sua , sub protectione & custodia nostra tuta esse faciatis & tranquilla , it a quod in nullo vastentur , destruantur , vel minuantur ; teste me ipso apud niort . vicesimo primo die septembris . to such shifts was the king put by his charter for free elections , to obtain his ends . how much the covent and monks of durham opposed , affronted king john in the election of their bishop , whereupon he was enforced to make use of the popes and legates plenitude of power , and yet could not effect his ends , but the pope obtains his , to dispose of all elections and bishopricks at his pleasure , will appear by these records . rex priori & conventui dunolmensi , &c. a temero proposito resilire quomam mandatum vestrum quod nobis fecistis de decano sarum , deo et dignitati nostrae et voluntati domini papae repugnare dignoscitur , cum preces vobis jamdudum fecerimus pro alio , pro quo etiam dominus papa scripsit legato suo angliae , ut vos induceret ad ipsum postulandum ; post quidem postulaveritis eundem , et nos regium praebuerimus assensum vestrae postulationi , & nos insuper inde domino papae , cui super hoc nobis scribere placuit significaverimus voluntatem nostram , quae eidem ut credimus grata erit & accepta , cujus adhuc responsum non audivimus plene ; plane vobis asserimus , quod nec mandatum vestrum gratum habemus , nec ei favorem adhibemus , nec assensum . teste meipso apud sanctum maxen . sexto die septembris . innocentius episcopus servus servorum dei. charissimo in christo filio johanni illustri anglorum regi salutem & apostolicam benedictionem . credentes utilitati & honori tuo plurimum expedire si venerabilis frater noster norwicensis episcopus , quem tibi omnino devotum coguovimus et fidelem , ad dunolmensem ecclesiam transferretur , ignari capitulum illius ecclesiae dilectum filium sarisburiensem decanum , virum praefecto scientia , vita & fama praeclarum concorditer eligerint in pastorem , venerabili fratri nostro thusculan . episcopo apostolicae sedis legato , direximus scripta nostra , ut faceret dunolmense capitulum norwicensem episcopum praedictum in suum episcopum postulare . cumque legatus ad eorum accessisset ecclesiam , ipsi decretum electionis quam fecerant praesentantes , ab eo confirmationem cum instantia postularunt . legatus autem habens profecto zelum sed non secundum scientiam , in hac parte cum nos consuluisse debuer it , sine nostri exquisitione mandati , ex quo videbat electionem concordem fuisse processum apud idem capitulum plurimum institit ut norwicenscem praedictum in episcopum postularent , set illis electoni firmiter innitentibus , tandem ad hoc eos per multam coartavit instantiam , ut salvo jure electionis , postulatio fieret , & utriusque electionis & postulationis videlicet , praesentaretur apostolicae sedi decretum . accedentes autem ad sedem apostolicam duo monachi ex parte dunolm . praesentato nobis utroque decreto apud nos pro electionis affirmatione sicut in mandatis acceperant , institerunt , eidem firmiter inhaerendo , praesertim cum in majori concordia electio quam postulatio celebrata fuisset , prout ex subscriptionibus apparebat . nos vero electionem protinus confirmare distulimus , quia non fuerat regius requisitus assensus . verum memorato decano monendo & suggerendo mandavimus , ut quantum in eo est negotium ipsum omnino transferat in nostrum arbitrium , ita ut sive de juris rigore , sive de moderamine providentiae prout expedire viderimus procedamus . cum igitur sit idem decanus plene sufficiens ad officium pastorale , ac nos providere intendamus , utraque transcripta literarum quas accepimus a legato , nec non utriusque decreti regali excellentiae mittimus praesentibus interclusa ; & nihil ominus consulentes , ut super ordinatione dunelmensis quam norwicensis ecclesiae , si eam vacare contigerit , te penitus nostro committas arbitrio , quia quantum cum domino poterimus , libenter et efficaciter intendemus ad ea quae tuum respiciant commodum et honorem . caeterum dilectus filius magister annuncius tuus , vir providus & fidelis , serenitati regiae viva voce plenius exprimere poterit super hiis & aliis sicut a nobis accepit , nostrae beneplacitum voluntatis . tu ergo beneplacitum tuum nobis differas intimare . dat. romae apud sanctum petrum , ii . idus maii. pontificatus nostri anno septimo decimo . ( you may here behold the popes jugling with the dean , chapter , and king too . ) to which the popes legate returned this answer . sanctissimo in christo patri ac domino j. dei gratia pontifici , suus j. dei & sui gratia episcopus tusculanus se ipsum ad pedes & ejus orationibus commendari . peracto negotio eboracensis ecclesiae , per dei gratiam concorditer & in pace sicut per alias literas vestrae beatitudini nunciavi , ad dunolmensem ecclesiam subsequenter accessi , priori & conventui ejusdem ecclesiae diligenter proponens , ut juxta mandatum vestrum eidem ecclesiae cum meo consilio de persona idonea providerent : ipsi vero licet affeveranter proposuerint , se authoritate quarundam literarum vestrarum electionem fecisse , quas literas & decretum eorum , qualiter decanum saresburiensem elegerant in praelatum , mihi in capitulo ostenderunt , tamen propter literas vestras quas mihi misistis pro venerabili fratre episcopo norwicensi , eisdem literis & meo consilio coartati , salvo tamen jure si quid habent in electione praedicta , praefatum norwicensem episcopum in suum duxerunt episcopum concorditer postulandum , & decretum inde solenniter factum per suos nuncios vobis mittunt , a sanctitate vestra mecum humiliter deposcentes , ut inde quod vobis inspiraverit dominus , faciatis . dat. apud midleham vi . kalend. marcii . in nomine patris & filii & spiritus sancti , amen . omnibus sanctae matris ecclesiae filiis , praesentis decreti paginam inspecturis , w. humiles prior & conventus ecclesiae dunolmensis , salutem in domino . sicut praevio bono pastore ingrediuntur & egrediuntur & sibi pascua inveniunt oves dominicae , ita quidem fure vel mercenario aliunde quam per hostium intrante , eodem veri pastoris destitutae sollicitudine lupis rapacibus expositae extra loca pascuae devagantur errabundae . nos igitur attendentes quod ecclesia nostra jampridem boni pastoris solatio privata , per multos inutiles pastores , nec non & longam vacationem magnis sit honoribus & multis libertatibus turpiter mutilata , cura quoque & consilio pene penitus destituta , ut juris ordine per omnina observato , de dei vultu ecclesiae nostrae dudum pastore carentis procederet electio ; ita tandem ecclesiae nostrae duximus . post trinam ammonicionem e. bonae memoriae quondam archiepiscopi nostri , praecedente etiam mandato apostolico super electione facienda ad nos facto , nec non domini regis assensu saepius super hoc requisito , porrectis nobis insuper a domino rege precibus pro quibusdam personis ecclesiae nostrae minus inutilibus , et ad tanti honoris dnus portandum minus sufficientibus , convocatis ad hoc fratribus nostris , in capitulo convenimus , & ibidem consistentes , spiritus sancti gratia vitae invocata , & matura deliberatione praehabita , virum venerabilem richardum decanum ecclesiae saresburiensis , unanimi consensu & sine contradictione elegimus in pastorem . virum utique integrae famae , cuide canonicis nihil credimus obviare institutis , in temporalibus bene providum , & in spiritualibus multum devotum , moribus & literatura praeclarum , quem credimus & scire & velle ecclesiae nostrae deperdita restaurare , ac restaurata diligentius custodire , parati pro ipso quantum patitur justitia , & res exponere & personas : appellantes insuper tam pro electione quam pro electo nostro , ne inimico homine machinante aliquid in praejudicium hujus facti attemptetur . ut autem factum nostrum debitae robur obtineat firmitatis stabile manens & inconcussum , praesens decretum sigillorum subscriptionibus roboravimus , & sigilli nostri appositione vallavimus . ego w. prior subscribo † ego henr. subprior subscribo † robertus hostellarius subscribo † ego johannes subscribo † ego willus subscribo † ego ambrosius elmosinarius subscribo † ego radulphus subscribo † ego thomas subscribo † ego oswaldus subscribo † ego johannes subscribo † ego robertus subscribo † ego rogerus subscribo † ego willus subscribo † ego robertus subscribo † ego andreas subscribo † ego michael subscribo † ego galfridus subscribo † ego anketinus subscribo † ego hammond subscribo † ego simond subscribo † ego petrus subscribo † ego johannes subscribo † ego thomas subscribo † ego henericus subscribo † ego rogerus subscribo † ego johannes subscribo † ego heneri . subscribo † ego robertus subscribo † ego germanus subscribo † ego robertus subscribo † ego bartholomeus subscribo † ego willus subscribo † ego johannes subscribo † ego willus subscribo † ego willus subscribo † ego radulphus subscribo † ego gilbertus subscribo † ego germanus subscribo † ego robertus subscribo † ego hammond subscribo † ego robertus subscribo . this decree and appeal they all thus sealed and subscribed , in direct affront and opposition to the kings letters and requests unto them . the same year with some strugling the king procured r. de marisco to be elected bishop of winchester , as these records attest . rex dilectis sibl abbatibus eborac . & de bello loco regis & de seleby , & willielmo briwer , & cantalupo senescal salutem . sciatis quod quicquid vobis alias mandaverimus de assensu vestro communiter vice nostra prestando in electione wintoniensi ecclesiae , in personam tamen dilecti et fidelis nosiri magistri r. de marisc . archid. northumb. ecclesiae illi praeficiendum firmiter assentimus , et constanter , volentes proculdubio quod hoc mandatum nostrum speciale generali mandato nostro derogat prius vobis facto , maxime cum tempore illo sedes dictae ecclesiae dignoscatur non vacasse . mandamus igitur vobis quod in ejus personam cujuslibet alterius persona exclusa , assensum vice nostra praebeatis , quem quidem ratum habebimus , et inconcussum . et in hujus rei testimonium , &c. teste meipso apud volvent . vicesimo secundo die maii anno regni . rex priori & conventui sancti swithini wint. salutem . cum omni consonum sit rationi quod principis petitio , maxime pro pace et tranquilitate regni porrecta , de facili debeat exaudiri , confidentes devobis quod nihil attemptare velitis nostrae contrarium dignitati , universitatem vestram audacter imploramus , attentius exhortantes , dilectum et fidelem nostrum magistrum r. de marisc . archidiaconum northumbr , virum utique providum , literatum , & honestum , nobis fidelem , regno utilem ad consilium et auxilium efficacem , vobis in episcopum intuitu dei et nostri liberaliter eligatis , maxime cum dominus papa sui gratia ejus affectet promotionem , scituri proculdubio , quod in ejus personam firmiter assentimus et constanter , nullatenus vol entes ab hoc proposito resilire . et ut facilius huic petitioni nostrae condescendatis , ipsum r. ad vos destinamus a nexibus curiae penitus absolutum . et in hujus rei testimonium , &c. vobis mittimus . teste ut supra . eodem modo scribitur priori sancti swithini wint. sine conventu . he being elected upon these importunate letters , and approved , the king thus writ to the popes legat to confirme him . domino n. tusculanensi episcopo apostolicae sedis legato j. dei gratia rex angliae , &c. noveritis quod monachi wint. ecclesiae dilectum & fidelem nostrum magistrum r. de marisc . archidiaconum northumb. unanimi assensu capituli sui elegerunt , & nos huic electioni praebuimus et praebemus assensum , unde paternitati vestrae devotissime supplicamus , quatenus & vos manum con●●rmationis apponatis , cum constet nobis hanc vobis a domino papa concessam fuisse potestatem ; dominum autem cantuariensem archiepiscopum super hoc sollicitare nolumus , aestimantes quod ejus confirmationem maliciose differre attemptaret . teste meipso apud niors . vicesimo octavo die junii . anno decimo sexto . i find not in any of our historians , nor in godwins catalogue , that he was ever consecrated bishop of winchester , notwithstanding his election , and the kings approbation and letters on his behalf , so that he miscarried in this design , as he did in this of hugo foliot to st. davids . rex r. hereford . episcopo , &c. quoniam ex fideli magnatum & fidelium nostrorum didicimus testimonio , dilectum & fidelem hugonem foliot , archidiaconum salop. magnae honestatis virum esse , scientia etiam & moribus bene ornatum , necnon ecclesiae menevensi , nobis & regno nostro utilem , vos attentius rogamus , quatenus pro amore nostro ad ecclesiam menevensem , cum literis nostris quas capitulo ejusdem ecclesae de memorato h. in ecclesia promovendo destinamus , accedentes , ipsum capitulum moneatis , et modis omnibus quibus poteritis inducatis , ut huic petitioni meae favorem praebeant benignum , ut ob meritum hujus nostrae petitionis ab eisdem exauditae , tam in rebus ecclesiae suae alienatis revocandis adjutores , quam in aliis ecclesiae suae negotiis suis promovendis benigni ipsis existere debeamus . placeat discretioni vestrae ita dignitati et honori nostro in promotione praefati fidelis nostri insistere quod diligentia vestra a nobis merito debeat commendari . apud gendef . decimo sexto die januarii . rex dilectis sibi in christo capitulo menevensis ecclesiae , salutem . quoniam ex fideli magnatum nostrorum didicimus testimonio , dilectum & fidelem nostrum hugonem foliot , archidiaconum salop. magnae honestatis virum esse , scientia etiam & moribus ornatum , necnon ecclesiae vestrae et regno nostro utilem , nullis laboribus et expensis nostris parcere volentes , universitatem vestram attentius rogamus , quatenus tam ecclesiae vestrae , quam nostrum et regni nostri honorem pensantes , et utilitatem , ipsum h. in pastorem , et episcopum ecclesiae vestrae eligere velitis . hanc autem petitionem nostram tam benigne exaudire velitis , ut in jure ecclesiae vestrae confovendo , et negotiis vestris efficaciter promovendo ob meritum praesentis petitionis nostrae exauditae nos benignos , et benevolos invenire debeatis . apud ge● def . i cannot find that he succeeded in this suite , nor yet in this his recommendation of three several persons to the prior and covent of ramesy . rex priori & conventui de rames . &c. audito rumore quod ecclesia vestra pastore est destituta , eidem ad honorem dei providere affectantes , pro dilectis nostris abbate eborum , priore de coventr . & priore de coldingham , universitatem vestram duximus rogandam , quatenus unum istorum trium vobis in pastorem invocata spiritus sancti gratia unanimiter eligere non differatis . speramus enim unum praedictorum virorum , praecipue cum magnae sint authoritatis , & bonae famae nobis et regno nostro utilem , et ecclesiae vestrae gubernationi , necnon et omnium rerum vestrarum dispositioni necessarium . adquiescentes igitur taliter consilio nostro petitiones nostras exaudientes , quod id ad honorem dei cedere valeat & vestrum commodum , & quod proinde vobis gratias exsolvere debeamus . teste meipso apud farnham , decimo nono die aprilis . what interest king john claimed in giving his royal assent or dissent to the uniting of bishopricks and abbies , whereof he was patron , appears by these records , concerning the union and disuniting of the bishoprick of bath and wells , and abby of glastonbury , wherein the pope had exercised the principal jurisdiction by usurpation . sanct●ssimo patri , &c. j. dei gratia , &c. et tam debitam quam devotam ut domino & patri in omnibus reverentiam . quoniam nostri et haeredum nostrorum plurimum interest ne unio bathoniae et glaston . ecclesiarum dissolvatur , parati sumus jus nostrum defendere sicut decet habita opportunitate . ad quod tamen ea diligentia intendere non possumus ad praesens , tum propter statum & negotia regni nostri , tum propter expeditionem quibus nos oportet omnem & continuam diligentiam adhibere . quapropter sanctitati vestrae supplicamus cum omni qua possumus instantia , quatenus negotium super unione praedicta , saltem suspendi velitis quousque a peregrinatione nostra nos reduxerit miseratio divina . teste domino p. wintoniensi episcopo , apud walling . secundo die maii. sanctissimo domino & fratri j. dei gratia rex , &c. salutem . quoniam ea quae apostolicae authoritatis deliberatione providè statuta sunt consistere decet stabilitate perpetua , ut nullatenus infirmentur , eo confidentius paternitati vestrae duximus supplicandum pro conservatione unionis bathoniae & glastoniae ecclesiarum , quam de assensu r. quondam regis angliae fratris nostri , sanctae recordationis dominus e. praedecessor vester stabilitat . et postmodum vestra prudentia multiplici authenticorum vestrorum beneficio roboravit : cui etiam multis a retro annis nostrum praebueramus assensum . * meminimus autem nos vacante s●de bathoniensi & glastoniensi sublimitati vestrae scripsisse pro ipsa unione rescindenda . et similiter ad magnam instantiam nostram , et regni nostri magnates , episcopi quidem , et abbates , quamplurimum etiam bathoniensis et wellensis capitula ob idem nobis supplicarunt . quod proculdubio minime fecissemus , si tunc mem●res fuissemus assensus nostri quem eidem unioni adhibueramus , aut si multiplex praejudicium quod nobis et haeredibus nostris , et dispendium quod ecclesiis memoratis bathoniensi et wellensi , et etiam glastoniensi imminere dignoscitur ▪ animadvertissemus , sicut nunc clarius intuemur . quodque vobis super eodem iterato scripsimus id nos fecisse recolimus ob iram et indignationem , quam adversus uenerabilem patrem nostrum i. bathoniensem et glastoniensem episcopum , conceperamus , eo quod cum inimicis nostris interdicti temporibus angliae , fuerat in partibus transmarinis , nondum insuper intendentes ad praejudicia et dispendia praedicta , quae nunc videmus , sed nec etiam assensum nostrum quem praediximus ad memoriam reducentes . placeat igitur sanctitati vestrae , ut praedictarum unio ecclesiarum indultam sibi firmitatem obtineat in perpetuum , ne ad successionem maliciosam tantae tamque sollempnis authoritatis ordinem enervetur . quod in non modicum nostri et haeredum nostrorum similiter in bathoniensis et glastoniensis et wellensis ecclesiarum cederet praejudicium . apud walling . secundo die maii. hereupon the pope referred the examination of this cause to his legates in england , before whom king john constituted his proctor by this writ . rex n. tusculanensi episcopo , & magistro pandulpho , domini papae subdiacono & decano sarr . salutem . in causa super unione bathoniae & glastoniae ecclesiarum vobis a domino papa commissa , ad diem jovis proximam ante dominicam in ramis palmarum in capella sancti thomae juxta oseneyam , apud oxon. dilectum & fidelem nostrum henricum de ver , procuratorem nostrum constituimus ; ratum habituri quicquid dictis die & loco in dicta causa mediante justitia fecerit , ad appellandum etiam si necesse fuerit dictum h. procuratorem constituimus . judicatum solvi promittimus pro eodem idem parti adversae significamus . teste meipso apud oxon. octavo die aprilis , anno regni nostri xvi . sub eadem forma scribitur episcopo cicestriae , & magistro pandulpho . teste eodem . dat. eadem . anno eodem . the conclusion was this : that the monks of glastonbury prevailed with money and importunity to have their abby severed from the bishoprick , and to be governed by an abbot as formerly , parting with no lesse then . mannors , and the patronage of . benefices to ioceline bishop of bath and wells , and his successors , by way of composition , to obtain this disunion . the pope and his legates having stripped king john of his crown , and most of the prerogatives thereto belonging , seemed to make him some kind of recompence , by these two insignificant empty priviledges which they indulged to him , to give him some content , being meer cyphers in themselves , without any substance . in this . year of king john , robert de corcu● a cardinal of rome , by the popes authority , held a council at burdeaux in france , wherein he made sundry decrees concerning jews , tithes , and other particulars , enchroaching upon the rights of temporal princes and barons , subjecting their persons to excommunications , and lands to interdictions : and that in particular . from all which statutes and canons this legate specially exempted king johns and his heirs rights , as no wayes to be impaired thereby , but rather preserved ; which was but a meer complement , neither he nor his kingdoms or subjects being obliged thereby . item si barones vel quicunque alii per quadragintos dies veleo amplius excommunicationem in eos latam sustinuerint , eorum subditi ab eorum fidelitate absolvantur , & eorum terra interdicto supponantur , & nihilominus per eorum dominos & praelatos , & communes totius provinciae contra eos directas puniantur , eorum principe prius convento , feoda vero & terrae excommunicatorum in potestate dominorum suorum consistant , quousque injuriam passis & ecclesiae ab eisdem satisfactum fuerit competenter . item , non compellantur inviti viduae vel alii per principes ad matrimonia contrahenda , &c. attendentes autem devotionem & obedientiam charissimi nostri johannis illustris regis angliae , domini hiberniae , ducis norman . aquit . & comitis andegaviae , nolumus quod per haec statuta nostra , vel alia quae fecerimus vice legationis in regno franciae , aliquid juris sui vel haeredum suorum depereat ; sed potius jura sua volumus per omnia conservari . et in hujus rei testimonium , haec statuta nostra eidem domino sigillo nostro signata habenda concessimus . ita scilicet quod non noceant sibi vel haeredibus suis . besides , the pope to gratifie king john by putting a feather in his cap , when he had wrested his crown from his head , and scepter out of his hand , granted him this pretended new priviledge , exempting his chappels from episcopal excommunication and jurisdiction , without the popes special command ; which in truth were by the laws of the realm exempted from them long before , by the kings inherent regal prerogative ; by which kind of grants of pretended priviledges the pope came to challenge and enchroach new jurisdictions in the realm , which they never exercised nor claimed before . in nocentivs episcopus servus servorum dei , charissimo in christo filio johanni illustri regi anglorum , salutem & apostolicam benedictionem . apostolicae sedis ampla benignitas sincere obsequentium vota fidelium favore benevolo prosequi consuevit , & illustrium virorum personas quas in devotione sua promptas invenerit & ferventes , quibusdam titulis decentius decorare . vt igitur ex speciali devotione quam ad romanam ecclesiam et personam nostram habere dignosceris , apostolicum tibi sentias accrevisse favorem , statuimus ne a quoquam tua possit excommunicari vel interdici capella sine mandato sedis apostolicae speciali . tu ergo ne inde nascantur injuriae unde jura nascuntur , talem te super hiis satagas exhibere , ne per abusum ( quod absit ) privari ab hujusmodi beneficio merearis ; quia juxta canonicas sanctiones , privilegium mererur amittere , qui permissa sibi abutitur potestate . ( and had not this pope by this rule forfeited all his pretended priviledges and right in england long before , by his interdict , excommunication , and dis-inheriting of k. john and his heirs for ever ? ) nulli ergo omnino hominum liceat hanc paginam nostrae constitutionis infringere , vel ei ausu temerario contra ire ; si quis autem hoc attemptare praesumpserit , indignationem omnipotentis dei , et beatorum petri et pauli apostolorum ejus , se noverit incursurum . dat. romae , apud sanctum petrum , xviij . die kalend. maii. pontificatus nostri anno xvij . this priviledge was made the ground of exempting the kings free chappels from the ordinary taxes of the clergy , provisions of the pope , procurations , tenthes , archiepiscopal and episcopal visitations , as will hereafter appear ; when as in truth the common law of england , prescription time out of mind , and the great parliamentary council of clarendon , gave them this exemption without the help of this bull. the greatest and best advantage king john gained by the surrender of his crown , and most of his regal jurisdiction to the pope , was his real assistance of him against his arch-enemy stephen archbishop of canterbury , and his rebellious barons , rather to preserve his own usurped interest in england then king johns . in pursuance whereof , he having formerly excommunicated all the barons in general , which they slighted as null , proceeding still more obstinately in their wars and rebellions then before ; the pope at the kings request , proceeded to excommunicate some of them by name , with all others that should assist them , or that should invade or enter the realm to deprive him of his crown , he being the church of romes vassal , and the realm of england belonging thereunto ; and interdicted all the barons lands . circa dies istos , fummus pontifex barones angliae , quos prius excommunicaverat in genere , ad instantiam regis anglorum , per subscriptas literas excommunicavit nominatim & in specie . in nocentius episcopus , &c. abbati de albendune , archidiacono pictaviensi , & magistro roberto officiali norwicensis ecclesiae , salutem . ad vestram volumus pervenire notitiam , quod nos nuper in generali concilio constituti , excommunicavimus & anathematisavimus ex parte omnipotentis dei patris , & filii , & spiritus sancti , authoritate quoque beatorum petri & pauli apostolorum ejus , ac nostra , barones angliae cum adjutoribus & fantoribus suis , qui johannem illustrem regem anglorum cruce signatum , & * vassallum romanae ecclesiae persequ●●tu● , molientes ci regnum auferre , quod ad romanam ecclesiam dignoseitur pertinere . insuper excommunicamus et anathematisamus onnies illos , qui ad occupandum vel invadendum regnum ipsum , aut impediendum euntes in ejusdem regis succursum , operam vel opem impenderunt , et terras eorundem baronum ecclesiastico subjicimus interdicto . aggravamus etiam in eosdem fortius manus nostras , st nec sic a suo dessiterint iniquo proposito , cum in hac parte * pejores sint saracenis : decernentes , ut si quis clericus cujuscunque dignitatis aut ordinis , praedictas excommunicationis aut interdicti sententias violare praesumpserit , anathematis se sciat mucrone percussum : et ni quantocius resipuerit , ab omni officio et beneficio deponendum . quocirca discretioni vestrae per apostolica scripta praecipiendo mandamus , quatenus per totam angliam publicari faciatis praescripta , eademque faciatis authoritate nostra , sublato cujuslibet conditionis et appellationis obstaculo inviolabiliter observari . volumus etiam nihilominus & mandamus , ut quosdam barones angliae , quos venerabilis frater noster wintoniensis episcopus , & dilecti filii abbas de ridding , & magister pandulphus subdiaconus & familiaris noster , delegati a nobis , excommunicatos personaliter nominaverunt , quia ipsos in praescriptis culpabiles invenerunt , videlicet , cives illos londinenses , qui fuerunt principales praenominatae perversitatis auctores , & robertum filium walteri , s. comitem wintoniensem , r. filium ejus , g. de mandevilla , & willielmum fratrem ejus , comitem de clare , & g. filium ejus , h. comitem de hereford , r. de percy , e. de vesci , j. constabularium ces●riae , willielmum de mumbray , willielmum de albineto , w. fil um ejus , r. de ros , & w. filium ejus , p. de brus , r. de cressi , johannem filium ejus , ranulphum filium roberti , r. comitem bigod , h. filium ejus , r. de ver , fulconem filium warini , w. malet , w. de monte-acato , w. filium marescalli , w. de bello campo ▪ s. de kime , r. de monte begonis , nicholaum de stutevilla , necnon et alios in praedictorum praejudicium sententia nominatim expressos , cum complicibus et fautoribus eorundem , authoritate apostolica excommunicatos per totam angliam publice denunciare faciatis , et ab omnibus arctius evitari , singulis diebus dominicis et festivis solemniter innovari hujusmodi sententiam facientes ac denunciantes inviolabiliter observari : civitatemque londinensem ecclesiastico suppositam interdicto , contradictores per censuram ecclesiasticam appellatione postposita compescendo . magistrum etiam bervasium londinensem cancellarium , qui sicut a judicibus praefatis accepimus , dicti regis , et suarum manifestissimus extitit persecutor , excommunicatum publice denuncietis ac suspensum , graviori etiam poena , nisi congrue satisfecerit , puniendum . quod si nos omnes , &c. datum laterani xvij . kalend. januarii . pontificatus nostri anno xviij . how these excommunications were executed by them he thus informes us . cumque omnes judices praedicti literas memoratas accepissent , scripserunt omnibus angliae ecclesiis cathedralibus sive conventualibus sub hac forma . innocentivs episcopus , &c. hujus igitur authoritate mandati , vobis districte praecipiendo mandamus , quatenus barones angliae cum omnibus adjutoribus et fautoribus suis , qui dominum iohannem regem angliae persequuntur , et omnes illos qui ad occupandum vel invadendum regnum ipsum , vel impediendum euntes in ejusdem regis succursum operam vel opem impenderunt , excommunicatos denuncietis ; et terras eorundem baronum ecclesiastico interdicto suppositas publicetis . denuncietis etiam excommunicatos omnes barones , qui in praemisso domini papae rescripto personaliter nominantur ; cum aliis omnibus in praedictorum iudicum sententia nominatim expressis . videlicet , walterum de nor●una , osbertum filium alani , oliverium de wallibus , h. de braibrock , r. de ropesse , w. de hobruge , w. de manduit , mauritium de gaunt , r. de berkele , adam de lincolana , r. de mandevilla , w. de lanvaleie , philippum filium johannis , willielmum de tuintuna , w. de huntingfield , alexandrum de pointuna , r. de munfichet , r. de gressei , galfridum constabularium de meutuna , w. archidiaconum de hereford , j. de fereby , r. capellanum rob. r●i filium , w. alexandrum de suttuna , w. de coleville , r. filium ejus , osbertum giffard , nicholaum de stanevile , tho. de muletune , cives illos londinenses , magistrum g. cancellarium , & civitatem londinensem , ecclesiastico suppositam interdicto , publice denuncietis . has vero excommunicationis et interdicti sententias in ecclesiis vestris , tam conventualibus quam parochialibus ad vos pertinentibus publicari , ac singulis diebus dominicis et festivis faciatis solemniter innovari , ita diligenter singula capitula mandati apostolici exequendo , et quantum ad vos pertinet firmiter observando , ne in poenam canonicam et contumacibus debitam incidatis . valete . his igitur excommunicationis & interdicti sententiis per totam angliam in brevi publicatis , cum ad omnium notitiam pervenisset ; sola civitas londinensis per contumaciam multiplicem illas adeo contemnendo desperit ; quod nec eas barones observare , nec praelati publicare decreverunt . dicebant enim generaliter , omnes literas falsa suggestione fuisse impetratas , et ideo nullius eas esse momenti ; et ex hoc maxime , quod non pertinet ad papam ordinatio rerum laicarum : cum petro apostolo et ejus successoribus non nisi * ecclesiarum dispositio rerum a domino sit collata potestas . vt quid ad nos se extendit romanorum insatiata cupiditas ? quid episcopis apostolicis , et militiae nostrae ? ecce successores constantini , et non petri : non imitantur petrum in meritis vel operibus , nec assimilandi sunt in potestate : justus enim est deus in meritorum recompensatione . proh pudor ! marcidi ribaldi , qui de armis vel liberalitate minime norunt , jam toti mundo propter excommunicationes suas volunt dominari , ignobiles usurarii , et simoniales . o quantum dissimiles petro , qui sibi petri usurpant partem ? sic igitur blasphemantes et recalcitrantes , ponentes os in caelum , ad interdicti sive excomunicationis sententiam nullum penitus habentes respectum ; pertotam civitatem celebrarunt divina , signa pulsantes et vocibus altisonis modulantes . such was their high contempt of this popes authority , excommunications , interdicts , and just censure of his usurped authority , degeneracy from st. peters doctrine and example . upon the noyse of this excommunication and interdict , the barons slighting them with highest indignation , reviled k. iohn for enthralling himself , them , and the whole realm to the pope , and him for countenancing the king against them , refused to own him any longer for their soveraign , and elected lewes of france for their king , in such manner as i have * formerly related ; who thereupon , notwithstanding this popes , and walo his legates * forecited inhibitions , excommunications , interdicts , soon after entred england with a potent army to ayd the barons . in the mean time the archbishops suspension was taken off , upon caution given , and a condition not to enter england till a peace concluded between the king and his barons ; and the excommunication and interdict against the barons , londoners , and their complices , renewed . eodem tempore , stephanus cantuariensis archiepiscopus ; romae da●● cautione quod staret judicio domini papae de rebus superius expressis , a sententia suspensionis absolutus est : ita tamen , quod ante pacem inter regem et barones angliae plene reformatam , angliam non intraret . per idem tempus , instante festo paschali , cum abbas abbendunensis , & conjudices ejus , contumaciam baronum et londinensis civitatis cognovissent , manus suas in eosdem ertendentes , iterato edicto , omnibus angliae ecclesiis conventualibus dederunt in mandatis , ut latam sententiam sub hac forma publicarent . h. dei gratia abbas abbendunensis , &c. exequentes mandatum apostolicum nobis sic impositum , sicut tenor literarum nostrarum , quas nuper vobis transmisimus , vobis plenius intimavit : sancti pauli , sanctique martini capitulis , g. de boclande ejus ecclesiae decano , & conventui sanctae trinitatis londonensis , literas nostras domini papae , rescripti verba continentes , non solum semel , sed saepe misimus , ejus authoritate apostolica districte praecipientes , ut excommunicationis et interdicti sententias latas in persequentes dominum regem et civitatem londinensem , diligenter publicantes , inviolabiliter observarent . qui adeo irreverenter apostolicum vi●pendere mandatum praesumunt , quod easdem sententias publicare vel etiam observare per contumaciam contempserunt : in divinis obsequiis excommunicatis scienter communicantes , sententiarum domini papae violatores , et mandati ejus contemptores manifestos omnino se in omnibus exhibendo . de quibus per patentes ●●●eras capituli sancti pauli , sanctique martini , clericos & nuncios ejusdem decani nobis specialiter destinatas ; & per alias sufficientes probationes plenam habentes certitudinem , constiterit . praeterea de regno francorum quidam nobiles advenerunt , cum armata manu militum & clientum ; quos omnes proculdubio eadem excommunicationis sententia volumus esse ligatos . nam contra dominum regem et sanctam romanam ecclesiam invadunt regnum angliae , quotidie depraedantes illud , et pro parte detinent occupatum , quod est cunctis in anglia et multis alibi manifestum . quocirca jam dictos nobiles , castellanum scilicet de s. audemaro cum suis sociis , qui contra regem ad occupandum vel invadendum regnum angliae opem vel operam impenderunt ; insuper praedictum decanum , necnon & omnes canonicos , & clericos , cujuscunque dignitatis aut ordinis , de ecclesiis praefatis & civitate , ad quorum notitiam mandatum pervenerit , vel qui se absentaverunt , vel quocunque modo procuraverunt , quo minus perveniret ad illos ; authoritate apostolica , qua fungimur in hac parte , denunciamus excommunicatos : vobis eadem authoritate injungentes , quatenus omnes praedictos excommunicatos publice denuncietis , et faciatis per totam parochiam vestram publicari , tam decanum , quam nobiles supradictos personaliter nominando . ita & circa hoc & illud quod in primis literis vobis directum continetur mandatum , solliciti existentes , ne penes summum pontificem quod absit , possitis redargui negligentiae , sed potius de diligentia commendari . valete . the londoners and barons slighted this excommunication as much as the former , and so doth lewes of france the inhibition of the pope and his legate , not to invade england , for which undertaking having furnished himself , and his father philip by the legates importunity inclining to disswade him from it ; thereupon , lodovicus postea in crastino sancti marci evangelistae apud melun , veniens ad patrem suum ; rogavit eum cum lachrymis , ne sui itineris propositum impediret . addit etiam , quod baronibus angliae juramentum praestiterat , quod ipsis veniret in succursum : unde praeelegit ad tempus excommunicari a papa , quam crimen incurrere falsitatis . videns autem rex constantiam filii sui , & animi augustiam , mente , voluntate , & adjutorio consensit : sed praevidens futurorum eventuum pericula , palam assensum non adhibuit : et sic non quasi volendo vel persuadendo , sed quasi permitt endo licentiam concessit , & cum benedictione dimisit . tunc lodovicus , missis ad curiam romanam nunciis , qui ibi jus , quod sibi de regno augliae vendicabat , coram domino papa protestarentur : sub omni celeritate cum comitibus , baronibus , militibus , & servientibus multis , qui secum iter anglicanum juraverunt , festinavit ad mare , ut legatum in angliam praeveniret . where he arrived with . ships and vessels from calice , in the isle of thanet , iune . and thence marching to london , cum ingenti omnium baronum laetitia susceptus est ; who together with ihe citizens of london did all homage and fealty to him as their king. ille vero tactis sacro-sanctis evangeliis juravit , quod singulis eorum bonas leges redderet , simul & amissas haereditates : to gratifie the archbishop his great friend , then absent at rome , and promote his designs against king iohn , constituit dictus lodovicus , magistrum simonem de languetuna cancellarium suum ; cuius praedicatione tam cives londinenses , quam barones omnes excommunicati divina celebrare fecerunt , qui etiam ipsum lodovicum ad consensum traxerunt . so little did they value the popes thunderbolts or interdicts . eodem tempore , cum walo legatus de progressu lodovici in angliam certificatus fuisset , ipse ut diligens mandati executor apostolici , ipsum sequuturus transfretavit , atque illaesus inter hostes transiens , apud gloverniam ad regem iohannem pervenit . quem rex cum magna alacritate suscipiens , spem suam totam in eo posuit hostibus resistendi . at legatus , episcopis , abbatibus , cum clericis , quos habere poterat convocatis ; lodovicum nominatim cum complicibus et fautoribus suis , et praecipue magistrum simonem de languetuna , pulsatis campanis et candelis accensis , excommunicavit ; praecipiens episcopis et aliis universis , ut singulis dominicis diebus , ac festivis per totam angliam sententiam publicarent . sed ad haec magister simon de languetuna , et magister gervasius de hobrugge , ecclesiae sancti pauli londinensis praecentor , cum quibusdam aliis , dixerunt se pro jure et statu lodovici appellasse , unde sententiam illam irritam habuerunt et inanem . such a pitifull bug-bear was it . in the mean time lewes his proctors at rome endeavoured to satisfie the pope that king iohn had no good title to the crown of england , and to make good his own title thereunto , craving justice against him therein , which put pope innocent to a great dilemma , as this account of these proceedings evidenceth . circa dies istos lodovici nuncii , quos ad curiam romanam miserat , eidem scripserunt sub hac forma . excellentissimo domino suo lodovico , domini regis francorum primogenito , d. de corbolio , i. de montevisito , & g. limeth , nuncii , salutem & fidele servitium . noverit excellentia vestra , quod nos die dominica ad mensem paschae venimus ad dominum papam , salvis personis nostris & rebus ; & eodem die intravimus statim ad ipsum . quem hilarem invenimus , sed vultu tristem se nobis exhibuit . et praesentatis literis nostris , & proposita salutatione ex parte vestra , ipse nobis respondit : dominus vester non est dignus salutatione nostra . ego vero statim respondi : pater , credo quod auditis rationibus & excusationibus domini nostri , invenietis eum dignum salutatione vestra , utpotè christianum catholicum , vobis & romanae ecclesiae devotum . et sic illa die a praesentia domini papae recessimus . sed in recessu nostro benignissime nobis dixit dominus papa ; quod nos libenter audiret , quando & quoties vellemus . sequenti die martis , dominus papa misit servientem quendam ad hospitium nostrum , ut veniremus ad ipsum , & statim venimus ante eum , & ipse multa dixit contra nos , cum proposuissemus causam nostram , & quae vid bantur impugnare factum vestrum , & rationes vestras . et statim finito sermone , percusso pectore suo cum magno gemitu , infremuit spiritu , & dixit : heu mihi , quia in hoc facts ecclesia dei non potest evadere confusionem . si enim rex angliae vincitur , in ipsius confusione confundimur : quia vassallus noster est , et tenemur eum defendere . si dominus lodovicus vincitur , quod deus avertat , in ipsius laesione laeditur romana ecclesia ; et ipsius laesionem propriam reputamus . secure enim semper habuimus , et adhue habemus ; quod ipse in omnibus necessitatibus debeat esse brachium , solatium in oppressionibus , et refugium in persecutionibus ecclesiae romanae . et in fine dixit , quod melius vellet mori , quam aliquod malum vobis accideret in hoc facto . et sic illa die recessimus . praeterea de consilio quorundam cardinalium expectamus diem ascensionis , ne quid statuatur contra vos , quoniam illa die solet papa innovare sententias suas . dixerat enim nobis papa , quod ipse expectaret nuncios domini walonis . valete . after this lewes his advocates propounded three objections against king john before the pope , to invalid his title to the crown of england , which the pope himself answered , with their replyes to make them good ; thus exemplified by matthew paris . prima propo sitio contra regem angliae fuit in praesentia domini papae , a nunciis supradictis quod arthurum nepotem suum propriis manibus per proditionem interfecit , pessimo mortis genere , quod angli murdrum appellant . pro quo facto , idem rex condemnatus fuit ad mortem in curia regis francorum , per judicium parium fuorum . ad hanc objectionem opponit dominus papa , quod barones franciae non potuerunt judicare eum ad mortem condemnari ▪ quia sit rex inunctus , & ita sit superior : per barones , tanquam inferiores , non potuit ad mortem condemnari ; quia major dignitas quodam modo absorbet minorem . et praeterea incivile videtur , & contra canones esse ; in hominem absentem , non vocatum , non convictum , nec confessum mortis ferre sententiam . ad hoc nuncii supradicti responderunt : consuetudo est in regno francorum , quod rex habet omnimodam jurisdictionem in homines ligies suos : & rex angliae erat suus homo ligius , tanquam comes & dux : ergo licet esset alias rex inunctus , tamen tanquam comes & dux , erat de jurisdictione domini regis francorum . sed si comes & dux in regno francorum delinqueret ; posset & deberet judicari ad mortem per pares suos . imo si non esset dux vel comes , vel homo ligius regis franciae , & deliquisset in regno franciae , ratione delicti in regno perpetrati , potuerunt barones eum judicare ad mortem . alioquin si rex angliae , quia rex erat inunctus , non posset judicari ad mortem : impune posset intrare regnum franciae , & interficere barones franciae , sicut interfecerat arthurum . hujus autem negotii veritas talis est : revera non fuit rex johannes juste vel rite abjudicatus a normannia : quia idem rex non judicialiter sed violenter spoliatus , misit propter restitutionem regi francorum phil. nuncios solemnes & prudentes , videlicet eustachium episcopum elyensem & hubertum de burgo , viros disertos , & facundos , significans ei quod libenter veniret ad curiam suam juri per omnia super illa re pariturus ac responsurus ; sed ut provideretur ei salvus conductus . et respondit rex philippus , sed non sereno vultu vel corde : libenter . in pace salvus veniat . et episcopus : domine , & redeat . et rex : ita sit , si parium suorum judicium hoc permittat . et cum supplicassent omnes nuncij regis angliae ut liceret ei salvo venire & redire ; rex franciae iratus , cum juramento solito respondit : per sanctos franciae , non nisi mediante judicio . et cum adderet episcopus pericula quae possent contingere per adventum ejus , ait : domine rex , non posset dux normanniae ad curiam vestram venire , nisi veniret rex angliae , cum una persona sint dux & rex , quod non permitteret aliquo modo barnagium angliae , etsi ipse rex hoc vellet : eminerent enim pericula , ut nostis capturae vel caedis . cui respondens rex , dixit . et quid hoc domine episcope ? bene scitur quod dux normanniae qui meus tenens est , angliam sibi adquisivit violenter . ec si subdito aliquid accrescit in honorem , perdatne per hoc dominus capitalis ? absit . ad quod cum nuncii nihil poterant rationabiliter respondere , redierunt ad dominum regem angliae , quae audierant & viderant nunciantes . rex autem noluit se committere dubiis casibus , & judiciis francorum qui illum non diligebant , maxime cum timeret , ut ei de turpissima morte arthuri objiceretur , juxta illud horatii : — quia me vestigia terrent , omnia te adversum spectantia , nulla retrorsum . magnates autem franciae nihilominus processerunt in judicium , quod rite non debuerunt facere , ex quo judicandus abfuit , qui adesse voluit si posset . unde si rex johannes abjudicatus fuerit per * adversarios suos non rite abjudicabatur . ad haec papa , multi imperatores , & principes , & etiam francorum reges , multos in annalibus occidisse leguntur innocentes , nec tamen quenquam illorum legimus morti addictum . et cum arthurus apud mirebel castrum , non ut innocens , sed quasi nocens , & proditor domini & avunculi sui , cui homagium , & ligantiam fecerat , captus fuerit , potuit de jure morti etiam turpissimae sine judicio condemnari . secunda objectio contra regem fuit , quod saepe citatus non personaliter juri pariturus comparuit , nec sufficientem responsalem pro se ad curiam franciae destinavit . ad hoc dicit papa , quòd si rex angliae fuit tantum contumax , quia citatus non venit nec misit , sed propter contumaciam non solet quis puniri ad mortem , nec debet . ergo barones franciae , non potuerunt judicare eum ad mortem , sed saltem alio modo punire eum ; per ablationem scilicet feudi sui . nuncii responderunt : consuetudo est in regno franciae , quod ex quo aliquis accusatur coram suo judice , de tam crudeli homicidio quod murdrum appellatur ; & ille qui accusatur non venit , vero modo legitimo se excusat , pro convicto habetur , & tanquam convictus per omnia judicatur , & etiam ad mortem , ac si praesens esset . ad haec papa respondit : quod pactio potuit esse inter regem franciae , & ducem normanniae , vel antiqua consuetudo , quod dux normanniae non debet venire ad citationem regis franciae , nisi in marchiam : unde si non venit citatus , nec deliquit , nec propter hoc potuit taliter puniri . item dicit papa : quod si sententia lata fuerit contra regem angliae , non tamen mandata fuit executioni , quia non fuit occisus ; unde proles , quam suscepit postea , debet ei in regno succedere : quia * rex angliae non commisit crimen laesae majestatis , nec crimen haereseos , pro quibus tantum filius exhaeredatur , pro delicto patris . ad haec nuncii responderunt : consuetudo est in regno franciae , quod ex quo aliquis est damnatus ad mortem , quod proles suscepta post sententiam damnationis , succedere non debet , geniti tamen ante sententiam succedere debent . sed tamen super hoc , nuncii litigare noluerunt . item dicit papa , quod rex anglorum judicatus esset ad mortem , & etiam filii de carne sua geniti , non ideo blanca deberet ei succedere ; sed propinquiores de genere ejus , videlicet proles fratris primogeniti , & ita soror arthuri , vel otho , qui fuit filius sororis primogenitae . et si ponatur , quod regina castellae debeat succedere , & ita blanca filia ejus , non est verum : quia masculus debet praeferri , rex scilicet castellae . et si nullus esset masculus , praeferri deberet regina legionum , tanquam primogenita . ad haec nuncii dixerunt : filii fratris non debent succedere , ex quo tempore latae sententiae frater non vivebat : & ita neptis , soror scilicet arthuri , non debet succedere , quia non est in linea descendenti , cum sit filia fratris : similiter tempore latae sententiae mater othonis non vivebat , ergo non successit , ergo otho non debet succedere . sed regina castellae vivebat , quae soror erat , & ideo successit : ergo mortua regina castellae , proles successit , & succedere debuit . ad haec dicit papa : quod rex castellae , succedere debet , quia masculus est ; vel regina legionum tanquam primogenita . nuncii dixerunt : quod cum plures sint haeredes , qui alicui debent succedere , & ille qui primo loco debet succedere , taceat ; vel haereditatem investiri debet haereditate illa secundum consuetudinem approbatam , salvo tamen jure alterius , si reclamaverit . et ideo dominus lodovicus intrat regnum angliae , ut suum . et si quis propinquior velit super hoc reclamare , dominus lodovicus faciet inde quod debet . tunc dixit papa : quod regnum angliae suum proprium est , et est in possessione dominii ratione fidelitatis , quae super hoc est ei facta per juramentum , et etiam ratione census , qui jam ei solutus est de regno : unde cum in nullo delinqueret , non deberet sibi guerram movere lodovicus , nec deberet eum spoliare a regno angliae * per guerram ; maxime cum rex angliae multas habeat terras in feudo regis franciae , de quibus potest ei movere guerram . ad haec nuncii : mota fuit guerra & justum bellum contra regem angliae , antequam regnum illud esset domini papae . sed de regno angliae venit willielmus de longa spata , & multi alii cum eo , in manu valida & armata ; qui damna multa & injurias intulerunt domino lodovico in terra sua propria ; & ideo dominus noster potest movere justum bellum contra regem anglorum . ad haec papa dixit : quod licet rex angliae tanquam vassallus ejus lodovico , non ipse tamen deberet ei movere guerram ; sed deberet conqueri domino superiori , scilicet papae , cui subest rex angliae , tanquam vassallus ejus . ad haec nuncii responderunt . quod consuetudo est , ex quo aliquis vassallus alterius movet guerram alicui authoritate sua , ille cui mota est guerra , potest ei movere guerram authoritate sua , nec tenetur conqueri domino illus . et si dominus vult defendere vassallum suum quamdiu movet talem guerram , ipse dominus dicitur facere guerram . item dicit papa : quod in generali concilio statutum est , quod inter omnes discordantes debet esse pax vel treuga usque ad quatuor annos , pro succursu terrae sanctae ; & ideo tempore medio lodovicus non debet regno angliae guerram movere . nuncii dixerunt : quod in recessu suo a francia lodovicus non fuit requisitus de pace vel treuga : & si requisitus esset , crediderunt tantam esse malitiam regis angliae , quod noluit pace vel treuga gaudere . item dicit papa : quod rex angliae , cruce signatus est : unde ex constitutione generalis concilii , ipse rex & omnia sua debent esse sub protectione ecclesiae . ad hoc nuncii responderunt : quod rex angliae aute crucem sumptam guerram moverat domino lodovico , & damna multa fecerat , castra sua ceperat ; & adhuc milites suos & servientes incarceratos retinet , & hucusque in guerra est contra dominum lodovicum , nec pacem vel treugam cum eo habere voluit , super hoc etiam saepe requisitus . item dicit papa : quod de communi consilio generalis concilii excommunicaverat barones angliae , & omnes fautores eorum , & ita dominus lodovicus fententiam incurrisse videtur . nuncii dixerunt : quod lodovicus non adjuvat barones angliae , nec fovet eos , sed jus suum prosequitur : nec etiam credit lodovicus , nec credere debet , quod dominus papa , vel tantum concilium , injuste velit aliquem excommunicare . nam tempore latae sententiae dominus papa nesciebat , quod lodovicus haberet jus de regno angliae , & cum hoc illi constiterit , non credit dominus lodovicus , quod concilium possit ei jus suum auferre . item dicit papa : quod rex francorum & lodovicus filius ejus , post sententiam a baronibus franciae in regem angliae latam , ipsum regem appellaverunt , & pro rege habuerunt : & cum eo tanquam cum rege angliae treugas statuerunt . ad haec nuncii responderunt : quod post latam sententiam a baronibus in regem , nunquam illum pro rege habuerunt : sed ipsum regem depositum appellaverunt , sicut , abbas depositus , & quilibet alius dici solet . novissime vero dicit papa : quod ipse * statuet super hiis antequam veniant nuncii domini walonis . by which relation we see the pope himself became king johns advocate , as well as judge , not as king of england , but only because he was his vassal , ( as he frequently stiles him ) and the kingdom of england his kingdom , not johns , in point of interest . whiles these things were agitated at rome , england was miserably wasted and harried by lewes and his army in the east and south , and by king john in the west and north ; whereupon . of the barons , considering the miseries of their native country , the power , successes of k. john , became sensible of their errors in rejecting him , and calling in and crowning lewes for their king , and being likewise informed by vicount melun on his death-bed , upon his salvation , that lewes and . others of his chief earles and barons , whereof himself was one , had taken an oath , that if ever the crown of england were quietly setled on his head , he would condemn to perpetual exlle all the english who now adhered to him against king john , as traytors to their lawfull soveraign , and would actually extirpate all their kinred ; counselling them , timely to prevent their miseries , and lock up his words under the seal of secrecy ; thereupon addressed their letters of submission to k. john , hoping that royal blood was ever ready to shew mercy to such who were ready to yield and prostrate themselves , as sollicitors for mercy . but before these letters delivered , or any answer returned , king john fell suddenly sick at swinshed abby , being at the mercy of an higher soveraign . when he perceived that his death approached , he with penitent confession of his sins , and great devotion , received the blessed eucharist , having the abbot of croxston both for his bodily and ghostly physitian ; and then not only gladly forgave all his mortal enemies and persecutors , ( though very difficult to flesh and blood ) but also sent command to henry his son to do the like , to whom he caused all present to swear fealty , as next heir to the crown , and sent letters to all his officers abroad to assist him . after which he commended his soul to god , and his body to be interred in worcester church , where he was afterwards solemnly buried , near the body of bishop wolston , renowned for his constant fidelity to his prince , against the nobles of his time . our historians much differ about his sicknesse , and true cause of his sudden death ; some relate he died of grief , others of a feaver , a third sort of a flux , a fourth of a surfet , a fifth of poyson : the most probable opinion is , that he was poysoned by a monk of swinshed abby , where he dyed , being of the cisteaux order , which the king had formerly b much oppressed and incensed ; whereupon by way of revenge ( to prevent further miseries to the church , realm , and gratifie the rebellious bishops , monks , clergy , barons , his professed enemies , then highly enraged against him ) this monk presented the king with an envenomed cup , whereof the king commanded him to be the taster , of which both of them drinking , this votary became the diabolical instrument of his own and his soveraigns destruction . some of our monkish historians themselves relate , that the monk revealing his intention of poysoning the king to his abbot , though he poysoned himself to effect it , and saying , that he would suffer this voluntary martyrdome for the publique , as caiphas said of christ , better one perish then a whole nation ; the abbot at this resolution and constancy of his , wept , and praysed god for joy : whereupon the monk being absolved before hand by the abbot , resolutely took the cup wherewith he poysoned both himself and the king. for a reward and memory of which his execrable treason , after his decease , five monks of that abby did sing for this their brothers soul specially , and so would do whiles the abby stood , as the manuscript chronicle of st. albans , caxton , eulogium , ( c ) mr. fox , ( d ) speed , and others more at large relate : whereas on the contrary these monks fable , that it was revealed to a monk , that king john was in hell , though a poet for so saying is censured by e matthew paris himself as reprobus versificator , who ( though a bitter enemy to k. john , as if he thought ill of , and renounced his religion ) gives us this final judgement of his death and future estate , only for his liberality to two monasteries . f cum autem regnasset rex johannes annis octodecim , mensibus quinque , diebus autem quatuor , ab hac vita post hujus saeculi multas perturbationes , & labores inutiles , in multa mentis amaritudine subtractus , transmigravit ; nihil terrae , imo nec seipsum possidens . ( such was his infelicity througst his prelates , subjects treachery . ) sperandum est autem , et certissime confidendum , quod quaedam bona opera , quae fecit in hac vita , allegabunt pro eo ante tribunal iesu christi : construxit enim abbatiam cisterciensis ordinis de bello loco , et moriturus domui de* crokestuna decem librarum terram contulit , opulentam . yet the malice of many of his bishops , monks , clergy , and other enemies against him was such , that they would neither permit him to enjoy his temporal crown and kingdoms on earth whiles he lived , nor permit god himself to bestow on him any crown , or share at all in the kingdom of heaven , after his untimely death . i have now with all possible industry and integrity presented you out of our histories and records with the exactest chronological history hitherto published , of the popes and prelates manifold , unparalleld , grand usurpations upon the crown , kingdoms , churches of england and ireland , during the reign of king john , with his strenuous various oppositions against them for sundry years , till by armed violence , fear , fraud , treachery , perjury , rebellion , enforced to resign up his crown , scepter , kingdoms , to his grand enemy pope innocent the d. who afterwards undertook his protection against his rebellions prelates and barons , not out of any love or respect unto him as king of england , but meerly as his sworn vassal and tributary , by an enforced charter , the nullity whereof both in law and conscience i have at g large demonstrated , against all popes and their parasites pretences . the new usurpations made by this pope , and the english bishops confederating with him , upon this kings supream ecclesiastical jurisdiction , during his unfortunate reign , are reducible to these heads . . an usurped arbitrary power for the pope to examine in the court of rome , the elections of archbishops , bishops , abbots , though duly made by the electors with the kings license . ly . a jurisdiction for the pope to compell some few members of chapters and covents in england to elect whomsoever he recommended to be their archbishop , bishop , abbot , without the consent of the majority of the chapter or covent , even in rome it self , against their oathes , trusts , charters , priviledges . ly . a jurisdiction without the kings previous regal license to elect , or subsequent assent to such elections , to compell the king himself to invest bishops in the actual possession of their temporalties , by ecclesiastical censures , and force of armes , against the rights and priviledges of the crown . ly . a new prerogative for the pope or his legates by their own provisions or translations to promote whom they pleased to any archbishoprick , bishoprick , abby , deanery , benefice , in england or ireland , whereof the king himself or any other was rightfull patron , without and against his royal assent , or the patrons . ly . a meer arbitrary jurisdiction to interdict the king and kingdom of england , to prohibit all divine service and sacraments therein for sundry months , yea years together , against gods and the kings expresse commands ; and that not for any personal or national scandalous crimes , found in the king or kingdom , but meerly for opposing the popes apparent incroachments on the rights of the kings imperial crown . ly . a power personally to excommunicate the king himself , and all others who should either eat , drink , discourse or communicate with him , only for disobeying the popes illegal commands , against his antient rights and priviledges . ly . an authority to absolve all his subjects from their oathes of allegiance and obedience to him , till conformable to his papal pleasure ; and to dispence with the kings own oathes to his barons and people . ly . a pretended supream antichristian papal authority , actually to deprive the king and his heirs of his very hereditary crown , kingdoms , and give them away to other foreign princes . ly . to command foreign kings , and all christian nobles , knights , souldiers , by force of armes to seize upon and expell him his kingdoms , and issue out crossadoes to war against and dethrone him , as if he were a meer saracen and turk . ly . a jurisdiction to deprive , suspend , sequester , excommunicate the archbishops , bishops , abbots , priors , ecclesiastical and temporal peers , and cities of the realm at his papal pleasure , and summon them to attend the pope personally at rome , to undergo his papal censures . ly . a liberty inserted into the great charter for all bishops , clergymen , monks , and others to depart out of the realm , resort to rome , or to the kings enemies , without his royal license first obtained , and to return again at their pleasures . ly . a liberty for all chapters , covents , monks , clergymen , freely to elect whom they pleased to bishopricks , monasteries , deaneries , and other preferments in the kings donation , and to reject whatever persons the king should specially recommend unto them , though never so deserving ; so as the king could prefer no person to any elective dignity within his realms , but whom the chapters , covents , clergy should voluntarily elect , and the pope or his legates actually confirm at their pleasures . ly . a power to sequester , suspend , deprive , excommunicate , and reduce to extream necessity all such scholars , clergymen , and loyal subjects , who had so much loyalty and courage as to appear in defence of the king and his cause , against the popes illegal injurious encroachments ; and to protect , advance , reward , encourage all traytors and rebells against the king , to advance the popes usurpations . ly . a power to sell archbishopricks , bishopricks , monasteries , and all other ecclesiastical preferments , palls , to those who would give most money for them ; to extort monies for papal benedictions , valedictions , dismissions from attendance in general councils , or the see of rome , upon summons thither . ly . an over-awing authority over all the bishops , clergy of england & ireland , to obey the popes most unjust , treasonable commands , against the expresse commands , protestations of the king , barons , kingdoms , to the kings , realms , and churches prejudice . ly . a power to hear and determine , by appeal or otherwise , all causes and controversies concerning elections , unions or disunions of churches , or other ecclesiastical offices . as to the kings and kingdoms temporal rights and jurisdictions , pope innocent made these unparalleld encroachments on them . . an actual interdiction of the whole realm sundry years , for a pretended personal contempt in the king alone ; and after that the like interdict of the londoners and barons temporal estates , for their rebellions and civil offences against the king. ly . an antichristian power to dethrone , dis-inherit the king and his heirs of their hereditary right in the crown , kingdoms of england and ireland , and to transfer them to foreign kings and enemies , without the kings or kingdoms consent , or any tryal , hearing of the king or kingdom . ly . a forcible wrested resignation from the king of his crown , scepter , kingdoms to the pope and his successors , without his barons or kingdoms consents , by a void , illegal , extorted charter . ly . a resuming of them by king john and his heirs from the pope and his successors , under an annual rent or pension ; and extorting of an oath of homage and fealty from the king , as a meer vassal and tributary to the pope and church of rome , directly contrary to the rights of the crown , and freedom , office , royaly of a king. ly . a power to confirm , null , repeal the kings own temporal charters , yea great charters of liberties and the forrest , and judge of their validity or invalidity at his papal pleasure . ly . a power to examine , hear , determine the right and title of king john and others to the crown of england , and decide them in the court of rome , as the supream judicature in such cases . ly . a jurisdiction to hear and determine all civil controversies touching priviledges , rights , franchises , between the king and his barons , and excommunicate them for not submitting to his papal edicts therein . ly . a power to make truces , and prohibit christian kings to war upon each others kingdoms , under pain of excommunication and interdiction . ly . a pretended right to protect all kings and nobles who took up the crosse , from any civil proceedings , wars against each other , during the crossado , and to recommend , promote , grant , prescribe taxes , tenths , to maintain those wars against the turks , but in truth to fill his papal coffers . ly . a power to exempt treacherous , rebellious clergymen from being out-lawed or interdicted by the king , and force the king by publike patents to disclaim this his antient prerogative , with his power of detaining any clerks in prison , for capital crimes or felonies , if demanded to be delivered by and to their ordinaries . all these with some other usurpations of lesse concernment , reducible to these heads , were introduced by pope innocent the d. during the reign of king john , never practised in england before by any of his ambitious predecessors ; and so fastned upon the necks of the king , kingdom by wholesale , by means of king johns forced resignation of his crown to the pope , intestine wars , differences between the king , his bishops , barons , this pope and his legates policies , that his successors for many years after , though they frequently complained , petitioned against them , with much earnestnesse and regret , yet were hardly able with all their power or policy to resist , much lesse to shake them off , but only by piece-meal and inches as they had strength and opportunity to do it . i shall now proceed to his sons and successors long , yet troublesome reign , by like unhappy contests between the cros●er and scepter , the king and his barons , upon pretext of publike liberty , and our ecclesiastical affairs under him . the fovrth book . chap. i. k. henry the d. his succession to k. john ; his coronation , necessitated oath , homage , subjection to , transactions , complyance with the pope and see of rome , against his own and the nobles wills ; his and their complaints , oppositions , prohibitions against the popes , bishops , clergies encroachments , exactions both in england and ireland ; with the chief passages concerning the ecclesiastical affairs in them , during the first . years of his young & troublesome reign . king john being * taken out of this world by poyson , through the implacable malice of the monks and prelates , having then many enemies both of earls , barons , and more especially of the popish clergy , henry his eldest son was then but of the age of . years : at which time most of the lords of england adhering to lewes the french kings son , ( whom they had sent for before in displeasure of king john to be their king , and had sworn to him their allegiance . ) thereupon william earl marshall , a noble man of great authority , and a grave , sound counsellor , friendly and quietly called unto him divers earls and barons , and taking this henry the young prince , son of king john , set him before them all , using these words , behold right honourable and well-beloved : although we have persecuted the father of this young prince for his evil demeanour , and worthily , yet this young childe , whom here you see before you , as he is in years tender , so is he pure and innocent from these his fathers doings : wherefore in as much as every man is charged only with the burthen of his own works and transgressions , * neither shall the childe ( as the scripture teacheth us ) bear the iniquity of his father : we ought therefore of duty and conscience to pardon this young prince , and take compassion of his age as ye see . and now forasmuch as he is the kings natural and eldest son , and must be our soveraign and king , and successor of this kingdom , come let us appoint him our king and governour , and let us remove from us this lewes the french kings son , and suppresse his people , which is a confusion and shame to our nation , and the yok● of our servitude let us cast off from our shoulders . to these words spake and answered the earl of gloucester : and by what reason and right ( said he ) can we so do , seeing we have called him hither and sworn to him our fealty ? whereunto the earl marshall inferred again , and said : good right and reason we have , and ought of duty to do no lesse , for that contrary to our mind and calling , he hath abused our a●fiance and fealties . truth it is , we called him and meant to preferre him to be our chieftain and governour , but he eftsoons surprised in pride , hath contemned and despised us , and if we shall so suffer him , he will subvert and overthrow both us and our nation , and so shall we remain a spectacle of shame to all men , and be as outcasts of all the world . at these words all they , as inspired from above , cryed all together with one voice , be it so , he shall be our king ; and so the day was appointed for his coronation , which was the day of simon and jude . this coronation was kept not at westminster , forasmuch as westminster at the same time was holden of the french-men , but at gloucester , the safest place ( as was though ) at that time in the realm , anno . by gualo the popes legate , through counsel of all the lords and barons that held with his father king john. the manner of his coronation is thus related by matthew paris . legatus associatis sibi episcopis & comitibus memoratis , duxerunt eum ad ecclesiam conventualem cum processione solemni , regem acclamando . ubi ante majus altare constitutus , juravit coram clero & populo , appositis sibi sacro-sanctis evangeliis , & plurimorum sanctorum reliquiis , dictante juramentum jocelino bathoniensi ; quod honorem , pacem , ac reverentiam portabit deo & sanctae ecclesiae , & ejus ordinatis , omnibus diebus vitae suae . juravit etiam , quod in populo sibi commisso , rectam justitiam tenebit : quodque leges malas & iniquas consuetudines , si quae siut in regno delebit , & bonas observabit , & ab omnibus faciet observari . deinde fecit homagium sanctae romanae ecclesiae et innocentio papae , de regno angliae et hyberniae , et juravit quod mille marcas , quas pater ejus romanae * contulerat ecclesiae , fideliter persolveret , quamdiu praedicta regna teneret . et his ita gestis , petrus wintoniensis , & jocelinus bathoniensis episcopi , ipsum in regem ungentes , coronaverunt sollemniter cum canticis & modulationibus , quae in coronationibus regum solent decantari . tandem expletis missarum solemniis , duxerunt regem cum processione solemni , episcopi & comites saepedicti , regalibus indutum , ad mensam ; ubi omnes in ordine suo considentes , epulabantur in laetitia & exultatione . in crastino autem rex cepit homagia & fidelitates ab omnibus episcopis , comitibus , & baronibus , aliisque omnibus qui aderant , & omnes ei fidelissimum obsequium promiserunt . coronatus est autem henricus tertius anno aetatis suae decimo , in die apostolorum simonis & judae , scilicet xxviij . die mensis octobris . rex autem post coronationem suam remansit in custodia willielmi comitis pembroc , magni videlicet mareschalli ; qui protenus misit literas ad omnes vicecomites de regno angliae & castellanos , praecipiens singulis , ut regi nuper coronato essent intendentes , promittens omnibus possessiones pariter ac donaria multa , ita ut dicto regi fideliter adh●rerent . sicque nobiles universi & castellani , qui patri ejus servierant , ei multo fidelius quam regi johanni adhaeserunt : quia propria patris iniquitas , ut cunctis videbatur , filio non debuit imputari . unde omnes sese ad defensionem praeparantes , castella sua optime munire coeperunt . animabat praeterea eos qui partes regis fovebant quamplurimum , quod singulis diebus dominicis ac festivis lodovicum cum complicibus ejus et fautoribus excommunicari videbant . soon after , king henries party increasing , ( many of the barons revolting from lewes : quod spreto juramento , terras , possessiones , & castella eorundem optimatum , quae eorum auxilio subegerat , illis murmurantibus , in suam redegerat potestatem , ponens in eis milites & alienigenas nationes : ) his forces taking in many castles , and the pope likewise threatning to ratifie the excommunication denounced by gualo against lewes , unlesse he departed england ; thereupon a truce was made between henry and lewes till a month after easter . in whitson week the popes legate to encourage the kings army to fight the french kings forces at lincoln ; ostendit omnibus , quam iniqua erat lodovici ac baronum ei adhaerentium causa ; pro qua fuerant excommunicati , & ab unitate ecclesiae segregati . et ut denique exercitum illum animaret ad pugnam , albis indutus vestibus cum clero universo : ( he again ) lodovicum nominatim excommunicavit , cum complicibus & fautoribus suis , & praecipue omnes illos qui apud lincolniam contra regem angliae obsidionem agebant , cum tota civitate ; continens scilicet & contentum . eis autem qui negotium hoc in propriis personis expediendum susceperunt , de concessa sibi potestate ab omnipotenti deo & sede apostolica , plenam suorum veniam peccatorum , de quibus veraciter confessi suerunt , indulsit , & in retributione justorum , salutis aeternae praemi● repromisit . deinde collata omnibus absolutione & dei benedictione , ad arma convolarunt universi : after a sharp conflict they routed the barons and lewes forces , slew and took many of them prisoners with the losse only of three men , and took the city of lincoln with all the treasure and baggage of the enemy , those who escaped flying to london ; many of them were cut off by the way . whereupon lewes sending to his father philip for ayde , ( who feared to assist him , being excommunicated ) the kings ships watching the french fleet at sea , transporting soldiers and supplies unto him , took eustachius a monck their admiral , prisoner , whose head the kings brother richard , cut off with his sword as a most wicked pirat and traytor to the king of england , despising the great summ of mony which he profered for his ransom : soon after which defeats by land and sea , both parties having a conference at stanes , came to this agreement on the d. of september , which they swore to on both sides . juravit in primis lodovicus , & omnes & excommunicati & imprisii ejus cum eo , tactis sacrosanctis evangeliis , quod starent judicio ecclesiae , & quod de caetero fideles erunt domino papae & ecclesiae romanae . juravit etiam , quod incontinenter recederet cum omnibus suis de regno angliae ; nunquam in vita sua malo animo reversurus . et quod pro posse patrem suum philippum induceret , ut henrico anglorum regi redderet omnia jura sua in partibus transmarinis , & cum rex foret , ipse in pace dimitteret . juravit insuper , quod omnia castra cum terris omnibus , quas ipse & sui per guerram occupaverant in regno angliae , regi & suis redderet incontinenter . rex autem anglorum , tactis sacrosanctis evangeliis , juravit cum legato & mareschallo , quod redderent baronibus angliae & aliis omnibus de regno , omnia jura & haereditates suas , cum omnibus libertatibus ante petitis ; pro quibus discordia fuit exorta inter johannem regem anglorum & barones . nec nocumentum vel opprobrium obtineretur hinc vel inde , his qui huic vel alii adhaesissent . insuper prisones omnes , qui ante hanc pacem provisam se redemerant , & suae redemptionis jam factae pecuniae partem suis creditoribus solverant , quod solutum est non reddatur eis● : sed siquid superfuerit ad solvendum , debitori penitus relaxetur . prisones universi , qui apud lincolniam capti erant , vel praelio naval● apud doveram , sive in parte regis , sive in parte lodovici , ubicunque , statim sine omni difficultate , & sine omni redemptione & censu liberarentur . et his ita gestis , absolutus est lodovicus cum omnibus sectatoribus suis , servata ecclesiae forma . ac deinde singuli ruentes in pacis oscuculum , tristem laetitiam sub fraudis praetextu plurimi palliabant . quo facto lodovicus londonias reversus , & ibi prae nimia a civibus paupertate , quinque millia librarum sterligorum mutuo accipiens , sub conductu magni mareschalli ad mare cum festinatione pervenit , & cum opprobrio sempiterno ad gallias transfretavit . though the king and kingdom were thus speedily and finally rid of this forraign french usurper , yet the pope and romish usurpers got great advantage , and firmer footing by it . for it is very observable , that although the barons and lay-men who adhered to lewis , had a general pardon and indempnity for their treasons , rebellions against the king , yet the popes legat exempted all the bishops , abbots and clergy out of this act of pacification , for their contempts against the popes authority , that he might tyrannize over them , dispose of their ecclesiastical promotions and benefices to his instruments , and put them to excessive fines at the present , to fill the popes and his own coffers , and inrich his own freinds with others losses , as the historian thus relates . ab hoc quoque absolutionis et pacis beneficio , excepti fuerunt episcopi , abbates , priores , canonici saeculares , et clerici multi , qui lodovico ac baronibus consilium praestiterant et favorem ; et maxime magister simon de languetuna , cum magistro gerv●sio de hobrugge : qui in tanta obstinatione diu perstiterant , ut lodovico et baronibus excommunicatis divina facerent celebrare mysteria a presbyteris excommunicatis : unde ab omnibus beneficiis spoliati a legato , romam ire compulsi sunt . nam illico post recessum lodovici ab anglia , legatus misit inquisitores per omnes angliae provincias , qui quoscunque de consensu etiam levissimo culpabiles invenerunt , cujuscunque essent ordinis vel dignitatis , suspensos miserunt ad legatum , et ab omni beneficio spoliatos , qui illorum beneficia suis clericis abundanter distribuit , atque de damnis aliorum suos omnes divites fecit . hugo quoque lincolniensis episcopus in angliam veniens , mille marcas legato de probata pecunia numeravit . cujus exemplum multi tam episcopi , quam viri religiosi insequuti , sumptibus nimis damnosis , gratiam sibi reconciliabant legati . clericorum quoque et canonicorum saecularium ubique haustu tam immoderato laculos evacuavit ; metens quod non seminavit , ut ex multis portionibus unum grandem acervum cumularet . the king by reason of his infancy and wardship , was unable to take notice of , or oppose these usurpations , extortions of the legat ; and the nobles adhering to him , were willing at this time to connive at them , as a just punishmen inflicted upon those trayterous bishops , abbots , priests and clergy , for adhering to aforraign usurper : his papal power , being then only able thus to crush and fleece them . this gave great encouragement to this pope and his legates , to all future popes and legates usurpations , oppressions , provisions , rapines of like nature , upon no such just account as this might seem to be . it is evident by claus . anno . h. . m. . and pat. . h. . m. . intus , that this legat gualo did bear cheif sway in the kings councel , and that the king sealed some letters patents , sigillis venerabilium patrum domini gualonis , sancti martini presbyteri cardinalis , apostolici sedis legati , & domini p. winton . episcopi , and sent them abroad under their seals , in the first year of his reign , quia sigillum nondum habuimus , as the patent rols oft informes us . and this made the legat more insolent . in the d . year of king henry the d. the archbishop of dublin , in ireland , and other bishops there usurping upon the kings crown and temporal courts , presumed to hold pleas in their courts christian , of lay fee ; whereupon there issuing prohibitions from the kings court to stay these suits , they proceeded contemptuously notwithstanding , upon which there issued out this writ of attachment against them to appear before the chief justice of ireland to answer the contempt . rex g. de marisc . justic . hiberniae salutem . mandamus vobis quod si h. dublinensis , & t. tuamensis archiepiscopi , & t. clokor . episcopus tenuerint placitum in curia christianitatis de laico feodo com. w. mar. in lagenia & a. fernensis episcopus , secutus fuerit placitum illud in curia christianitatis post prohibitionem nostram eis inde factam ; quia idem w. mar. fecit nos securos de clamore suo prosequendo , tunc poni faciatis per vadium et salvos plegios , praedictos h. dublinensem , & t. tuamensem archiepiscopos , & t. clokoren episcopum , quod sint coram vobis ad diem competentem prout videritis expedire , ostensuri quare tenuerint placitum in curia christianitatis de laico feodo ipsius comitis in lagenia , contra prohibitionem nostram ; et poni similiter faciatis per vadium , et salvos plegios praedictum fernensem episcopum , quod sit coram vobis ad eundem diem , ostensurus quare prosecutus est placitum illud in curia christianitatis contra prohibitionem nostram . teste com. apud gloucestriam vicesimo die aprilis . as these archbishops usurped upon the kings crown in his courts in ireland , so some souldiers after the war ended , seised some of the bishops castles and lands in england , & contra regis prohibitionem & illorum voluntatem , detinere praesumpserunt . inter quos robertus de gaugi , post multas regis admonitiones castellum de neuverk cum villa tota & pertinenti is multis , quae ad jus hugonis episcopi lincolniensis spectabant , ei reddere contradixit . whereupon the protector being highly offended , by the kings command , raised a great army , and marching thither in person with the king , beseiged it , till surrendered to the bishop by composition , he paying one hundred pounds to gaugi , for the victuals in the castle , without receiving any recompence for the town , which he burnt down before the seige . in the d. year of king henry the d. the bishoprick of leismore ( united formerly to the bishoprick of waterford , by the popes legat in ireland ) whiles the bishop was in england at the consecration of the bishop of carlile , macrobius a canon of leismore , procuring an election from the rest of the canons , pretending the see to be then voyd , obtained the legates and kings royal assent to the election and restitution of the temporalties , whereof the bishop of waterford complaining to the king , the king upon information of the fraud and circumvention , nulled that election , and commanded the bishop to be put in possession of his temporalties , notwithstanding his former writs . rex justic . hiberniae salutem . cum venerabilis in christo pater r. waterford episcopus , de mandato venerabilis patris g. quondam legati in anglia , ad partes boreales pro consecrando episcopo carleolensi accessisset , & magister r. de bedeford cum magistro macrobio & david canonicis lismor . ad domum p ▪ nunc legatum in anglia , & nos , & consilium nostrum advenisset , protestans & ostendens quasdem literas quibus capitulum lismor . eisdem m. & d. canonicis potestatem contulerat eligendi pastorem ad lismor . ecclesiam quam tunc nobis asserebant vacare : nos dictis eorum fidem adhibentes , electioni de persona ipsius magistri r. sic celebratae regium praestantes assensum , eo quod consona videbantur esse rationi quae fuerunt de eadem nobis proposita , si veritate fuissent subnixa , ipsum magistrum r. in possessionem omnium bonorum ad ecclesiam lismor . spectantium tanquam electum praecepimus : sane cum postmodum reverteretur episcopus ille waterford , episcopus proponens nobis et concilio nostro , ipsum et praedecessores suos lismor , ecclesiam cum suis pertinentiis tanquam partem episcopatus waterfordensis diutius tenuisse et possedisse , exhibuit ipsi domino legato et concilio nostro literas domini i. titulo sancti stephani in monte celio presbyter cardinalis pridem in hibernia legato , super ordinatione eorundem episcopatuum , qui licet aliquando tempore hiberniensi divisi extitissent ut dicebatur , ostendit , eos per ipsum legatum coadunatos , nec poterat sic aliquis in ejus praejudicium , qui utrique praesedebat ecclesiae , in unam earum per falsi suggestionem ingressum fraudulenter promeruisse . nos igitur attendentes nunc ex ipsius relatione et operis exhibitione majestatem nostram fallaciter per ipsum magistrum r. esse circumventum , qui lismoriensem ecclesiam nobis dixit esse vacantem ; et nos sic ejus electioni fecit tacita veritate consentire , decrevimus ut cum mendax precator carere debeat impetratis , nec ei praestare debeat patrocinium quod per fraudem et dolum nisus est a nobis et consilio nostro impetrasse memoratus waterfordensis episcopus in possessionem omnium bonorum praefatae ecclesiae lismoriensis inducat . quocirca uobis mandamus , quatenus non obstantibus literis nostris quas ipse magister r. de bedeford suppressa veritate a nobis et consilio nostro obtinuit , quibus possessionem eorum quae ad ecclesiam lismoriensem pertinent est adeptus , sine dilatione memorato waterfordensi episcopo plenam seisinam habere faciatis omnium possessionum quae ad ipsam ecclesiam lismoriensem noscuntur pertinere . teste h. de burgo justic . apud westmonasterium septimo die junii per literas suas dominorum winton . & dunolm . episcoporum , factas authoritate domini legati . idem in narratione mandatum est archiepiscopo cassel , & in fine mandatum est ei , quod dictum waterfordensem episcopum , episcopatum lismoriensem , pacifice possidere permittat . teste ut supra . consimiles literas habent patentes direct . eisdem . a clear evidence of this kings supremacy in and over bishops , bishopricks and ecclesiastical persons , causes within the realm of england , as also of the popes legates late usurpations there , to unite bishopricks without the king. the bishop of ely , ( an inveterate enemy both to king john and king henry the d. ) going into france after lewes his return thither , reported king henry to be dead , and endeavoured to stir up a new warre and rebellion against him : whereupon the king writ to the pope to deprive him , and bestow his bishoprick ( by provision ) upon some other , the isle of ely being a place of strength , and receptacle of lewes and the barons heretofore : in which letter the king acknowledgeth the popes great favours and assistance to him , during his infancy , puts himself and his realm under the protection of his wings , ( and by way of complement ) stiles them , the patrimony of the church of rome , to gaine the popes readier protection and assistance in his suits , wars . sanctissimo patri ac spirituali domino suo h. dei gratia summo pontifici , devotus filius ejus h. sua post deum gratia rex angliae , &c. recommendationem , et devota osculapedum . incipiens respirare una cum regno nostro majestatis vestrae , nostrae , et sacrosanctae romanae ecclesiae patrimonio post tot angustias et pressuras , quae clarae memoriae patrem meum et me postmodum invenerunt ; et ereptus , per dei gratiam , et vestrae paternitatis sollicitudinem , ab ipso laqueo venantium vitam meam , cum tam aetas mea , quam status et tranquillitas regni nostri in teneritate concordent , nec ut ita dicam , sunt in aetate perfecti , sub tegmine alarum vestrarum inenarrabili mihi clementia assistenti , de die in diem , gratia dei et vestri gratia , recipio incrementum : et ne tenellam mei plantationem manus inimica avellet , tanto confidentius , ea quae circa haec pertimesco , vestrae significo sanctitati , quanto specialius subditus vester et creatura existo . noveritis igitur pater sancte , quod nuper cum sicut puerilis aetatis ut tales de facili infirmentur , essem , prout deo placuit , infirmitate oppressus , robertus qui se gerit pro elyensi electo , non oblitus antiquam suae mentis et fellitam maliciam , quam contra patrem meum , et me , ac dominationem vestram , ut dicam verius , exercuit manifeste , excommunicatis vestris et meis persecutoribus adhaerendo , statim quoscunque potuit contra me excitans cucurrit in franciam , ibi una cum sequacibus suis me mortuum praedicando , unde multi contra me superbiae cornua et nocendi audaciam assumpserunt : dei quidem et vestri gratia restitutus sum sanitati . haec tamen sanctitati vestrae significo , supplicando , ne me permittatis redire ad leonis fauces , nec reincidere inter malleum et incudem . certum est enim quod civitas elyensis est optima munitio regni nostri ; et quod dictus r. ibi exstitit praeintrusus , ut sicut res se habuit , reciperetur ibi dominus lodovicus . dignemini igitur pater sancte , mihi et regno vestro misericorditer praecavere , ne talis unquam occupet talem locum , praesertim cum et infideli juxta verbum evangelicum , id quod videtur habere auferri debeat ; et majestas vestra multo competentius possit ecclesiae illi de pastore idoneo providere . valea : in domino sanctitas vestra . moreover he repeats the assistance , protection and manifold favours he received from the pope in his greatest straights , and dangers , in his letter to his legate , imploring his assistance against the french and other enemies , according to the popes protection and direction to him . rex b. titulo sanctorum johannis & pauli presbytero cardinali apostolicae sed●s legato salutem . quanta nobis exhibuerit beneficia , et quantis nos eripuerit tribulationibus et angustiis , quam forti brachio et potenti nos sustentaverit sancta et veneranda sedes illa apostolica , vestrae benignitati non possumus paucis reserare , quia quicquid potest humanitatis et benignitatis a pio patre filio teneri et nutricio exhiberi , non negavit nobis fons ille paterni pectoris inexhaustus , misericordia repletus et pietate , qui quos semel intra sinum suae dulcedinis susceperit amandos , fovere non lassatur . attendentes igitur quod velit palmes vitis via procedere , quod velint frondes fructus a flore facere , quod velit cum capite membrum incepta peragere , idem paternitati vestrae duximus devotis precibus supplicandum , rogantes in domino , quatenus cum de immensa sua benignitate pius pater et dominus noster summus pontifex vobis per literas suas dederit in mandatis , ut si quos inveneritis illorum qui super albigens . sunt signati qui genti nostrae vel terrae nostro dominio subditae velint injurari , dampna aliqua eis inferendo , vel eas a nostra dominatione subtrahendo , ejus suffulti authoritate , compescatis , velitis si placet , juxta injunctum vobis mandatum , taliter et tam potenter circa nos in hac parte vestrae dilectionis plenitudinem exhibere , ut ipsius de qua non diffidimus , sentiamus ex operis exhibitione probationem manifestam , et sancta sedes illa apostolica quae nos et nostra sub sua suscepit protectione , gaudeat se ex vestra diligentia fructum uberiorem recepisse , quam quidem sedem ex nostra incommoditate non credimus , commodum reportare . teste h. de burgo justiciario nostro apud westmonaster . . die julii . the same year the king writ a letter to pope hadrian on the behalf of the bishop of karlisle ( promoted thereunto by the popes provision and command to his legat gualo , desiring him to recal the alienations of several impropriations alienated from that church during the vacancy by the then canons thereof , to its great impoverishing ) though granted and conferred to that church by the charters of king henry the first ; who erected this bishoprick , and of sundry other kings succeeding him . reverendissimo domino & patri in christo dilectissimo h. dei gratia summo pontifici h. eadem gratia rex angliae , &c. salutem , & se & sua omnia . cum in nostris ageret partibus merito nobis semper diligendus venerabilis pater . g. titulo sancti martini , presbyteri cardinalis , vir utique tam fidelis quam consulti pectoris , videns vidit carleolensis ecclesiae desolationem & ruinam , nec clausis praeteriens oculis quod in confinio regnorum angliae & scotiae sit , eidem de mandato vestro pastorem praefecit suae scientem domini caute disponere , nobisque pariter et regno nostro volentem prodesse : hic est ille h. quondam abbas belli loci quem vere dicimus virum in agendis providum , tam literarum scientia , quam moribus insignitum , et quod potius collaudamus , in devotione sanctae romanae ecclesiae paratissimum , et in fidelitate nostra multipliciter expertum . uerum cum idem antistes ad reformationem ecclesiae suae , multis bonis et possessionibus mutilatae diligentius intendat , ex relatione ejusdem et praedecessorum nostrorum regum angliae cartarum inspectione , nobis et consiliariis nostris innotuit , ecclesias subscriptas ex concessione bonae memoriae regis henrici primi , in prima fundatione ecclesiae carieolensis , eidem collatas fuisle , videlicet in episcopatu dunolmensi , de assensu hugonis tunc dunolmensis episcopi , ecclesiam de novo castro , cum capellis , & omnibus ad eam pertinentibus , ecclesias de newborne , & de corbrigge , & de rooberii , & de wittingham , & de werkwurth : & in episcopatu carleolensis , ecclesiam de penret , cum quibusdam aliis , & confirmatum fuit dictae carleolensi ecclesiae , per chartas regum angliae , scilicet praedicti regis henrici primi , & secundi , & regis richardi avunculi nostri , & regis johannis patris nostri , & per privilegia plurimorum pontificum , ut memoratas ecclesias in usus proprios perpetuo possideret . verum tamen tempore vacationis carleolensis ecclesiae , alienatae sunt ab ea et usibus suis omnino subtractae jam dictae ecclesiae per incuriam et negligentiam ejusdem loci canonicorum . quod tanto gravius patimur , quanto minus episcopali novimus dignitati sufficere quae suis sunt usibus reservata . de consilio igitur nostro pro eodem episcopo , ad cujus honorem multo tenemur debito ; sanctitati vestrae in omni devotione duximus supplicandum , ut attendentes , si placet , ecclesiae carleolensis paupertatem , et quantis pontificalem apicem necesse sit honoribus extolli , quam in nullo vilescere decet vel egere ; revocatis , si placet , in irritum alienationibus dictarum ecclesiarum factis temporibus quibus vacavit sedes carleolensis , ipsas eidem ecclesias restituere et confirmare velitis , in usus et honorem sui pontificis , tanto benigniores nostris precibus aures accommodantes , quanto libentius et propensius nobis noscitur valuisse , et in posterum posse valere , ut de provectione sua , quae nostra est , una cum caeteris apostolicae sedis beneficiis ad humillimas gratias et perpetuas devotiones vestrae debeamus assurgere sanctitati . teste com. apud westmonasterium , decimo septimo die februarii . per eundem & p. wint. & justic . venerabilibus patribus & amicis in christo charissimis sanctae romanae ecclesiae cardinalibus suis in omnibus . h. dei gratia rex angliae , &c. salutem & debitam sanctissimis patribus devotionem . cum adhuc in nostris ageret partibus venerabilis pater g. titulo sancti martini presbyter cardinalis , merito nobis semper diligendus , de mandato domini papae carleolensi ecclesiae , tunc vacanti pastorem prafecit idoneum , videlicet , h. quondam abbatem belli loci , virum utique in fidelitate nostra multipliciter expertum , suae perutilem ecclesiae , totique pariter regno nostro . sane cum suam invenerit ecclesiam tantis tempore vacationis suae possessiombus & honoribus mutilatam , videlicet ecclesiis de novo castro , cum capellis & pertinentiis suis , & de neuborne , & de corrbrigg , & de reebrigg , & de wintingham , & de penred , quae sibi concessae fuerant in usus proprios in prima fundatione sua a rege henrico primo , & aliis praedecessoribus nostris regibus angliae , & per privilegia romanorum pontificum confirmatae ut pontificali non sufficiant quae sibi sunt reservata , de concilio nostro , cui innotuerunt haec omnia vestra duximus sanctitati devotissimè supplicandum , ut eidem episcopo fideli nostro cui multo tenemur debito , ac sanctae romanae ecclesiae devotissimo , ad reformationem ecclesiae suae diligentius aspiranti . si placet , assistere velitis in consiliis et auriliis , quibus mediantibus ea quae dispersa sunt , et ab ecclesia sua per incuriam et negligentiam habitantium in ea canonicorum alienata , sibi restituta fuisse gratuletur , ut suis sufficiat usibus episcopalis dignitas , quae nunc quasi vilescere cogitur et egere . et quia provectionem ejusdem episcopi meritis fidelitatis suae multipliciter exigentibus , proprium reputamus , et reputare debemus honorem , vestram sibi gaudeat in hac parte diligentiam taliter affuisse , ut ad obsequia & condignas devotiones vobis diebus perpetuis arctius teneamur obligati . teste domino p. wintoniensi episcopo , apud westmonasterium , vicesimo quarto die januarii , anno regni nostri tertio . by these records it is evident : . that king henry the . originally founded the bishoprick of kartiol , and endowed it with several impropriations by his own regal authority ; that he and his successors setled and confirmed by their charters sundry lands and impropriations thereon : and that it is the right , duty of our kings , ( as founders of bishopricks ) to see the lands and revenues unduly alienated from them , restored , when there is just cause ; which this king , ( by reason of his infancy , being then under a protector , and the popes and legates great usurped power in england at that season ) could not easily effect by his regal power , without the popes and cardinals assistance , the true occasion of these his letters to them . king henry having continual occasions to make use of the pope and court of rome about his domestick and foreign affairs , in the th . year of his reign constituted w. de st. albin . his proctor general therein , especially against the son of the earl of march , in picardy , who against his faith to king john his father , to marry his sister , refused to do it , or to restore her without a ransome ; whereupon he desired the pope to command him to marry or restore her , or else to give order to two bishops he names , and a dean , to excommunicate him for his disobedience , as these three records attest . venerabilibus in christo patribus & amicis charissimis , universis episcopis , presbyteris & diaconis , sacro-sanctae ecclesiae romanae cardinalibus , h. dei gratia rex angliae , &c. eo ampliorem de dilectione vestra gerentes fiduciam in nostris & nostrorum promovendis negotiis , novimus prudentiam vestram circa ea fidelius elaborasse , mittimus ad vos dilectum nostrum willielmum de sancto albino , procuratorem nostrum , ad impetrandum et contradicendum in omnibus nostris et nostrorum negotiis quae contra nos et nostros fuerint proposita in curia romana ; rogantes attentius sinceritatem vestram , ut cum fueritis super hiis , ab eo ex parte nostra requisiti , de solita clementia vestra velitis , ea quae honoris nostri sunt consueta diligentia procurare . de negotio autem nostro quod exponet idem plenius de johan . primogenita sorore nostra h. de lizen . per dominum j. patrem nostrum pridem commissa , de qua traducenda fidei praestitit sacramentum ; vos duximus exorandos , quatenus laborare velitis , si placet , pleno effectu erga dominum papam , ut soror ipsa nostra restituatur , quam ipse fidei spreta religione superinducta matre nostra nobis reddere contradicit , volens nos per ipfius detentionem ad ejus redemptionem invitos compellere : et rogamus vos , ut scribatur super hoc xancton . et limovic . episcopis , et decanis burdeg . ut nisi munitione praemissa illam nobis curaverit restituere , ad id per * censuram ecclesiasticam rite compellatur . teste h. de burgo , justiciario nostro , apud notingham vicesimo die j ▪ nii . rex domino papae salutem , & se totum semper tam devotum , quam fidelem . cum a sedis apostolicae gratia , dependeant si quae sunt circa nos serena , si quae prospera , necesse habemus vestrae dominationi proponere , quae in dispendium nobis veniunt et gravamen . dominus autem i. rex genitor noster agens quondam in partibus pictaviae , johannem filiam suam sororem nostram nuptui h. de lexim . fil . com. de march. concessit ; qui licet eam de manibus ipsius patris nostri regis accepisset , et jurasset quod eam in vxorem duceret , non observata tamen juramenti religione , spretaque sorore nostra , matrem nostram reginam maritali sibi foedere copulavit . quam quidem sororem nostram nihilominus nobis reddere contradicit , immo eam detinendo contramandatum nostrum , ad ipsius redemptionem nos intemptat cohercere . hanc igitur injuriam passi sub vestra protectione , sanctissimae paternitati vestrae supplicamus , quatenus scribere velitis domino xancton . domino limovic . episcopis , et decano de burdeg . ut monitione praemissa nisi ei condescenderit , ad restituendam nobis dictam sororem nostram , spirituali gladio h. compellant memoratum . mittimus quidem ad pedes sanctitatis vestrae dilectum clericum nostrum magistrum w. de sancto albino , quem procuratorem constituimus ad impetrandum pro nobis et contradicendum in omnibus negotiis nostris , et nostrorum quae contra nos et nostros fuerint proposita , in curia vestra , supplicantes tota devotione mentis ut in hiis et aliis quae nos contingunt benignas ei velitis aures accommodare , manum auxiliatricem eatenus porrigentes teneritudini nostrae , ut de pleniore respiratione nostra ecclesiae romanae cumulus accedat laudis et honoris . teste h. &c. apud notingh . vicesimo die iunii . the same year , the king taking notice of divers usurpations upon the rights of his crown in ireland , by covents , deans and chapters , electing abbots and bishops as they became voyd , and the chief justices approving them without his privity , license , or royal assent , issued this memorable writ to his chief justice of ireland , to reform and prevent this dangerous usurpation for the future . rex justiciario hiberniae salutem . cum fuerit hucusque pex insolentiam tam diebus patris nostri , quam nostris , de collationibus ecclesiarum quae nobis vacabant in hibernia , plurimum juri nostro et dignitati derogatum , utpote cum aliqua earum vacare contigisset , statim nobis inconsultis inde fieret collatio . nolumus quod ex hinc quae sic in nostrum dispendium sunt attemptata , ex nostra permissione convalescant . mandamus igitur vobis et firmiter in fide qua nobis tenemini praecipimus , quatenus cum de caetero aliquam ecclesiam quae de nostra sit advocatione vel ad nostram spectat donationem vacare contigerit ; vos eam nullo modo conferatis , nec inde sine nostro assensu et voluntate quicquam faciatis . teste h. apud northampton . xxiiij . die septembris . per eundem . idem etiam vobis dicimus de ecclesiis cathedralibus . this year the earl of albemarle refusing to deliver up to the king some of his lands and castles committed to his custody , at the time prefixed to him in the kings court , and fortifying them with armes and victuals without the kings consent , for which he was excommunicated by the bishop of norwich , the popes legate , together with his complices ; thereupon the king issued this prohibition to all his barons and subjects in lancashire , and . counties more , not to ayd , assist , or keep company with him or his complices , but to avoid them as excommunicated persons , till they submitted to the king ; and to be ready to obey the kings commands if he still continued obstinate , under pain of forfeiting their goods , seizing their lands , and imprisonment of their persons : ecclesiastical censures being by the popes and his legates usurpations , commonly inflicted in that age for temporal offences and rebellions , to reduce men to obedience to the king , as well as to the pope or church . rex omnibus comitibus , baronibus , militibus , & libere tenentibus in comitatu lancastriae , salutem . quoniam w. comes albemarl , cui commissa fuerunt bona fide terrae quaedam nostrae et castra custodienda , quae contra voluntatem , et praeceptum nostrum non solum detinet , set et ea de bladis et bonis vicinorum circumquaque illis invitis munit et firmat , licet de eisdem nobis reddendis certus dies ei fuerit in curia nostra praefixus , quem respicere non curavit . ipseque spretis omnibus mandatis nostris quibus obedire contempnit , torneamentum exercuit , & ei interfuit apud brackele , ultimo habito , non formidans in sententiam illam incidisse quam ob hoc tulit in eum et complices et fautores suos nominatim , venerabilis pater norwicensis electus , domini papae camerarius apostolicae sedis legatus , praesertim cum contra pacem nostram , et regni nostri exerceantur et fiant : vobis mandamus firmiter in fide qua nobis tenemini praecipientes , quatenus sicut terras et tenementa vestra quae in regno nostro tenetis diligitis , et exhaeredationem vestram , et vestrorum evitare volueritis : cum idem comes , et complices , et fautores sui propter praedicta sententia sint excommunicationis sollemniter innodati , nec mandatis domini legati vel nostris velint obedire : vos eidem comiti vel fautoribus et complicibus suis in nullo de caetero consilium vel favorem praebeatis nec aurilium , et eis in nullo communicetis donec sacro-sanctae ecclesiae de inobedientia et nobis de contemptu satisfecerint ; set potius tanquam excommunicatos et nobis inobedientes evitetis . prohibentes omnibus vestris & illis qui de nobis tenent , quod ad castrum de salvata firmandum , vel muniendum nullum ei penitus consilium faciant vel auxilium , quod ut audivimus non minus de bonis & bladis vicinorum circumquaque eis invitis munit , quam de viribus hominum cujuscunque sint indefinenter firmare praesumit , non requisita voluntate aut praecepto nostro : scituri pro certo , quod si quis post hanc prohibitionem nostram ei vel fautoribus et complicibus suis auxilium ad hoc fecerint vel consilium , non solum ad eorum terras et tenementa , verum etiam ad eorum corpora graviter nos capiemus : firmiter etiam vobis praecipimus , quod nisi dictus comes ab hujusmodi inceptis et factis desierit , quod parati sitis et prompti ad ea exequenda versus ipsum comitem et complices suos quae vobis per literas nostras demandaverimus exequenda . et in hujus , &c. teste h. &c. apud hereford . xxx . die novembris . anno , &c. quarto . eodem modo scribitur omnibus comitibus , baronibus , &c. in com. linc ▪ et omnibus , &c. in com. cumberl . et omnibus , &c. in com. rotel . et omnibus , &c. in com. leic. et omnibus , &c. in com. eborum . the earl ( it seems ) little regarding this prohibition , soon after ( anno . ) * suddenly seized upon the castles of rockingham and samori , whither the king speedily marching , found them utterly unfurnished of victuals , they having not three loaves in them . after which the earl and his confederates pillaged the commons of bodrington , depinge , and all the country , putting men to ransoms , and with their plunders victualled the castles of fotheringie and bohun ▪ which the kings fo●●es besieged and took : at last the earl came to the king ; under the conduct of walter archbishop of york ; and by the mediation of pandulphus the legate , was reconciled to him , because he had faithfully and powerfully served the king and his father in their wars . anno dom. . the king being under the wardship of peter bishop of winchester , was on whitsonday crowned the second time at westminster , by stephen archbishop of canterbury : soon after which there being a difference concerning the bishoprick of ely , between galfridus de burgo , archdeacon of norwich , and robert of york , the pope at last nulled both their elections ; and conferred the bishoprick upon john abbot of fontain , who was consecrated at westminster : the same year and day , hugh bishop of lincoln was canonized a saint in this form . ad natales domini sanctus hugo lincolniensis episcopus a papa honorio canonizatus est , & in catalogo sanctorum admissus : facta prius miraculorum ejus inquisitione a stephano cantuariensi archiepiscopo , & abbate de fontibus johanni ; sicut in hoc sequenti domini papae authentico continetur . honorivs episcopus servus servorum dei , dilectis filiis universis christi fidelibus , praese●tem paginam inspecturis , salutem & apostolicam benedictionem . divinae dignatio pietatis , sanctos & electos suos , in coelestis regni foelicitate locatos , adhuc in terra miraculorum coruscatione clarificat : ut fidelium per hoc excitata devotio , eorum suffragia digna veneratione deposcant . cum igitur sanctae recordationis hugonem lincolniensem episcopum , quem sicut nobis plenarie constat , divini muneris largitas , tam * in vita , quam etiam post vestem mortalitatis exutam , insignium miraculorum multitudine illustravit , sanctorum catologo asscripsimus , universitatem vestram monemus , & exhortamur in domino , quatenus eius apud deum patrocinia devote imploretis : ad haec statuentes , ut die depositionis ipsius , ejusdem festivitas annis fingulis devote de caetero celebretur . data viterbii , xiij . kalend. marcii , pontificatus nostri anno quarto . the transcendent virtues of this canonized bishop , were his * ingratitude and perfidiousnesse to king john , in resorting to this arch-traytor stephen of canterbury , receiving his consecration from , siding with him against , and deposing of the king , contrary to his oath and duty , ( for which the king seized his temporalties , and kept them in his hands near five years space : ) yet for these virtues this archbishop procured him to be canonized for a saint . about the same time this arch-traytor stephen ( to canonize treason against our kings , as demeriting the highest honour and saintship ) caused his trayterous insolent predecessor thomas becket , to be translated , enshrined , adored with great solemnity : thus related by matthew paris . eodem tempore , levatum est de lapide marmoreo corpus beati thomae archiepiscopi & martyris , a stephano cantuariensi archiepiscopo , praesente rege , & omnibus ferè episcopis totius regni , cum abbatibus , prioribus , comitibus , baronibus , clero & populo multo , in crastino octavarum apostolorum petri & pauli . cujus corpus sanctissimum collocatum est honorifice in pheretro , ex auro & lapidibus pretiosis mirabiliter fabrefacto . interfuerunt etiam huic translationi , archiepiscopi , episcopi , abbates , priores , & alii multi de regno francorum , aliarumque diversarum regionum , qui ob honorem & reverentiam beati martyris , ut tantae adessent solemnitati ▪ alacriter convenerunt . nam dignissimum omnibus videbarur , ut sanctum martyrem christi generaliter honorarent et colerent , qui pro universali ecclesia sanguinem suum fundere , et ad finem usque non timuit fideliter decertare . it is observable , that most of the english , many of the french archbishops , bishops , abbots , priors , clergy , and of other countries , were by the archbishops invitation present at the translation of this arch-traytor becket , as most worthy to be honoured and worshipped as a saint and martyr for the universal church of christ , for which he shed his blood , and truthfully contested against his soveraign till the last , only to exempt clergymen , ( though traytors , rebels , murderers , sodomites , theeves ) from secular jurisdiction , and overturn the antient rights , prerogatives of the crown , and kingdom too , as the premises demonstrate . no wonder therefore that so many archbishops , bishops , and clergymen , in our own and other kingdoms , became arch-traytors , rebels to their emperors and kings , since it was the readiest way to procure the highest preferments that popes could conferre upon them in their lives , and a canonization , adoration of them for saints and holy martyrs after their deaths . king henry the d. this year issued on a memorable prohibition and proclamation to the sheriffs of middlesex , hertford , and surry , prohibiting any to enter into any the lands of the bishop of london under a penalty , as his father king john had done before him . rex vicecomiti middlesex , salutem . constat nobis & consilio nostro , quod dominus j. rex pater noster per literas suas patentes , prohibuit ne quis feoda w. quondam london . episcopi ingrederetur , sive ex don● , sive ex venditione , sive ex invadiatione , sive ex concessione alicujus sine assensu et voluntare ejusdem episcopi . nos autem venerabili patri e. london . episcopo , idem concedentes , prohibemus super forisfacturam nostram ne quis feoda ingrediatur , sive ex dono , sive ex venditione , sive ex invadatione , vel concessione alicujus sine assensu et voluntate ipsius episcopi . et ideo tibi praecipimus , quod hanc prohibitionem nostram clamari facias per totam ballivam tuam , et firmiter observari . si quis autem contra hanc prohibitionem nostram feodum ipsius episcopi ingredi praesumpserit sine assensu et voluntate ipsius episcopi , sicut praedictum est , tu sine dilatione eidem episcopo plenariam inde seisinam habere facias , capiens ad opus nostrum ab illo qu● feodum suum sic ingressus fuerit forisfacturam nostram in quam incidit ex hoc facto ; durent autem literae istae usque ad aetatem nostram . teste h. &c. apud turrim london . tertio die julii . per eundem & concilium domini regis . eodem modo scribitur vicecomitibus hereford . & surr. a pregnant evidence of our kings ecclesiastical jurisdiction in and over bishops and bishopricks . soon after , the king having in his temporal court recovered by judgement the church of acley , against the prior and canons of st. friswiths in oxford , they by false suggestions , to detain the possession of the church against the king , procured letters from the pope to certain delegates to examine the cause again ▪ in prejudice of the kings court , crown and dignity ; whereupon the king issued forth this memorable prohibition to , and appeal against them , to preserve his right and prerogative . rex abbatibus de stanlegge , & de bordest , & priori de stanl . salutem . sciatis quod venerabilis pater p. norwicensis electus , publice recognovit coram vener . patribus e. london . p. wintoniensi , j. bathoniensi , w. coventrensi , r. sarisburiensi , & b. roffensi episcopis , praesenti etiam domino linc. & aliis fidelibus de consilio nostro : quod nunquam per ipsum vel mandatum suum , prior & canonici sancti fritswith oxon. missi fuerant in possessionem ecclesiae de acleya , quam contra nos et judicium curiae nostrae injuste detinent occupatam : uerum quia , sicut audivimus , praedicti prior et canonici ad tuendum , si possent , intrusionem suam literas domini papae ad vos tacita penitus hac veritate impetraverunt , per quas memoratam ecclesiam cum pertinentiis tanquam ipsam canonice fuerint ingressi , retinere nituntur in praejudicium nostrum , et contra possessionem juris nostri quam per judicium curiae nostrae contra ipsos disrationabimus , vos rogamus discretioni vestrae mandantes , et in fide qua nobis tenemini firmiter inhibentes , quatenus ad manutenendam praedictorum prioris et conventus maliciam qua nos nituntur exhaeredare , nihil statuere velitis unde jus nostrum vel possessio juris nostri nobis adjudicata possit aut debeat retardari : cum suppressa veritate ut diximus literae praedictae ad vos sint impetratae : nos igitur ne aliquid statuatis in praejudicium nostrum , et contra possessionem juris nostri , ut praedictum est , ad dominum papam , coram praedicto legato , et praedictis episcopis appellavimus et adhuc appellamus . teste h. apud westmonasterium , vicesimo die julii . anno quinto . per eundem & consilium domini regis . you heard before how the bishop of waterford in ireland was restored by the kings writ to the bishoprick and temporalties of lismore upon complaint , which cause by reference from the pope being referred again to the examination of the popes legate , archbishop of canterbury , and bishop of rochester , who gave a diffinitive sentence therein against the bishop of waterford ; thereupon the king issued this writ to restore the temporalties again to the bishop of lismore . rex justiciario hiberniae , salutem . cum pridem electus esset canonice in episcopum lismorensem , venerabilis vir magister r. de bedeff . nobisque fuisset eius electio rite praesentata , et interveniente assensu nostro debite prius requisito , confirmata foret ipsius electio ▪ quo sic erat idem r. in episcop . lismorensem consecratus . mandavimus vobis ut eidem de episcopatu praedicto cum suis pertinentiis plenam possessionem habere faceretis : verum procedente tempore recurrente ad nos venerabili patre waterfordensi episcopo , qui se dicebat possessioni ejusdem episcopatus lismor , tanquam juri suo & episcopatui suo waterford unito & ●●niuncto , possessionem sibi petebat instanter restitui , quia ut dicebat , ea fuerat injuste spoliatus , non vocatus , nec absens per contumaciam , quique de praecepto domini g. quondam legati angliae ad consecrationem karleolensis episcopi tempore praefatae electionis se transtulerat , unde non potuit se adversario suo opposuisse , et factum fuit de consilio communi ut ei possessio sua restitueretur . suborta vero postmodum quaestione inter praefatos episcopos de episcopatu lismorensi , & causa illa fuisset de mandato domini papae venerabilibus p. norwicensi electo , apostolicae sedis legato , s. cantuariensi archiepiscopo , & b. episcopo roffensi , demandata , adjudicata fuit demum dicto lismor episcopo , episcopatus illius vera possessio & per sententiam diffinitivam assignata : facta igitur nobis rei istius plena veritate & noticia conveniente , et concordante consilii nostri assensu , lismorens . episcopum , decrevimus sua possessione investire . vnde vobis ▪ mandamus , quatenus ipsi episcopo lismor . de episcopatu lismor . cum omnibus suis pertinentiis plenam seisinam sine dilatione et occasione habere faciatis . teste h. &c. apud westmonasterium octavo die maii. per ipsum justiciarium & consilium domini regis . the pope the same year sent a legat into ireland , who procured these letters patents from the king to the cheif justice and others of ireland , to receive , honor , reverence and assist him , as the popes legate , and likewise to advise with him upon any new occasion concerning the affaires of that kingdom . a clear evidence the pope could send no legat thither without the kings consent , or approbation to execute any legatine authority . rex justiciario & magnatibus & aliis de hiberniae salutem . cum dominus papa miserat magistrum jacobum capellanum & poenitentiarium suum legatum in hiberniae , virum utique scientia & religione probatum , vobis praecipiendo mandamus , quatenus ipsum recipiatis , honorem et reverentiam ei exhibentes tanquam legato domini papae , ac consilium etiam et auxilium opportunum sicut expedierit ei inpendatis : ita quod super hoc fidelitatem vestram possimus commendare . et si qua etiam nova emerserint quae nos et statum regni nostri contingant , ipsius consilium et auxilium requiratis . teste h. &c. apud westm . vicesimo die novembris anno quinto . you heard before , what a great contest there was between king john and the monks of durham , about the election of john marisco for their bishop against the monks will , yet imposed on them by the power of the pope and his legate : how ill the monks and this bishop accorded , this narative will inform you . sub his diebus , exorta est magna inter richardum de marisco episcopum dunelmensem , & ejusdem ecclesiae monachos , dissensio ; pro quibusdam libertatibus antiquis & consuetudinibus , quas iidem monachi se gavisi sunt multis retro temporibus habuisse . episcopus autem fraudulenter monachis significavit praedictis , venirent ad eum cum privilegiis suis & ecclesiae suae instrumentis ; ut si quid in eis esset corrigendum ad perfectam eorum libertatem , ipsius arbitrio suppleretur . prior vero & monachi fraudem episcopi habentes suspectam , instrumenta sua ei nullatenus ostendere voluerunt . episcopus itaque cum munimentorum inspectionem habere non potuit , juravit , quod omnia bona eorum in usus suos converteret : adjiciens , quod si aliquam ex monachis extra portas curiae suae inveniret , non aliam quam caput , redemptionem acciperet . juravit etiam audientibus multis ▪ quod eo vivente , pacem dunelmensis ecclesia non haberet . nec multo post cum servientes episcopi monachum quendam ab ecclesia quadam violenter extraxissent ▪ & usque ad sanguinis effusionem flagellassent ; monacho conquerenti , & super hoc coram episcopo querelam deponenti , respondit episcopus , quod melius fecissent ministri si monachum occidissent . sicque deinceps ita monachis praefatis idem episcopus injuriosus extitit & infestus ; ut necessitate cogente , ad praesentiam domini papae appellantes , sese & sua omnia sub ejus protectione ponerent . ac deinde romam clericos mittentes & monachos , episcopum accusaverunt in multis . contra quam accusationem , hoc sequens rescriptum impetraverunt a papa . honorius episcopus servus servorum dei , &c. saresberiensi & elyensi , &c. episcopis , salutem , &c. ita nobis in odore bonae opinionis fratrum & cooperatorum ▪ nostrorum convenit delectari , ut in pestilentibus , vitia non palpemus : cum non deoeat pro reverentia ordinis sustinere peccantes , quorum culpa tot eos dignos mortibus facit , quot ad subjectos perditionis exempla transmittunt , qui sola quae pravitatis exempla conspi●iunt imitantur . hinc est , quod cum de venerabili fratre nostro dunelmensi episcopo saepius nobis insinuata fuissent quae ab episcopali honestate nimium dissonabant , tandem inconculcatis funibus clamoris excitati , ut non pateremur cum perditione multorum , quiescere amplius in suis enormitatibus episcopum memoratum : de quo insinuatio clamosa processit , quod postquam fuit ad officium pontificale promotus , * re●s sanguinis , symoniae , adulterii sacrelogii , rapinae , perjurii , ac dilapidationis multiplicis est effectus , non formidans clericos , orphanos , acvi●os religiosos opprimere , testamenta decedentium impedire , regia jura contra scientiam dilecti filii nostri pandulphi norwicensis electi munire , ac excommunicationi ligatus , ingerere se divinis . item etiam appellationibus non defert ad romanam ecclesi . interpositis , statuta generalis concilii non observat , nunquam proponit populo verbum dei , lingua & exemplo vitae pravum subditis praebet exemplum . coram multis juravit , quod pacem ipso vivente dunelmensis ecclesia non habebit . conquerente sibi monacho quodam dunelmensi , se a servientibus suis ab ecclesia quadam fuisse extractum , & usque ad sanguinis effusionem pulsatum , respondit ei , quod melius factum fuisset , si servientes episcopi monachum perimissent . ipse insuper apostolicam regulam continentem qualis debeat esse episcopus , penitus calcavit in cunctis . nos ergo ne alienae culpae simus authores si clausis oculis tot & tanta praedicti episcopi transeamus errata , cum adeo ad nos clamor super his ascenderit , ut dissimulationi amplius non sit locus , dignum duximus , ex officii nostri debito , descendere ut haec an ita sint , vel aliter , videamus . quocirca fraternitati vestrae per apostolica scripta mandamus , quatenus inquisita super his & cognita , sollicite veritate quae inveneritis , vestris fideliter inclusis sigillis ad nostram praesentiam remittatis : ut authore deo , quod super hoc faciendum fuerit statuamus . datum viterbii ▪ pontificatus nostri anno quarto . cum autem literae domini papae ad notitiam executorum pervenissent , ex officio sibi injuncto , vocaverunt episcopum dunelmensem , cum abbatibus , prioribus , archidiaconis , decanis , apud dunelmum , ad suum consistorium , & alios laicos & clericos illius provinciae quoscunque hujus rei esse conscios crediderunt . illis autem omnibus , die sibi & loco statuto coram executoribus , comparentibus , recitatae fuerunt literae domini papae , audientibus cunctis , aperte & distincte ad intelligendum . quibus perfectis & intellectis , surrexerunt clerici dunelmensis episcopi quasdam refutationes frivolas & fallaces allegantes , contra executores praedictos , atque ne procederent in inquisitione praedicta , praesentiam domini papae appellarunt . et sic facta appellatione episcopus cum clericis suis recessit , diem statuentes adversariis , qua contra eum in domini papae praesentia comparerent . interposita itaque appellatione , saepedictus episcopus romanam adivit curiam , praemissis clericis suis , qui sibi supervenienti domini papae gratiam praepararent . unde contigit ut antequam monachi dunelmenses romam venissent , clerici memorati actionem eorundem monachorum non mediocriter infirmaverant . unde post multas hinc inde coram papa altercationes , tam episcopi quam monachi , immoderatis profusis expensis remissi sunt in angliam ad executores supradictos , ut coram eis quod justum fuerit sententialiter statuatur . duravit autem haec diu inter eos semel suborta contentio , donec mors episcopi litem sicut ipse praedixerat , terminavit . what was the general corruption of the pope , prelates , monks , clergy in that age , appears by this relation . the archbishop of cassel in ir●land , by his own usurped authority , interdicted the kings tenants and lands there , without reasonable cause , and after an appeal , whereof the king complaining to pope honorius , he thereupon enjoyned him to release the interdict within . dayes , or in case of his refusal , authorized other bishops to release it , and finally to hear and determine the cause , by this ensuing bull. honorivs episcopus servus servorum dei , &c. archiepiscopo cassel salutem , & apostolicam benedictionem . charissimus in christo filius h. rex anglorum illustris , suam ad nos querimoniam destinavit , quod tu in homines et terras ejus sine causa rationabili , post appellationem ad nos interpositam , interdicti sententiam authoritate propria contra statuta generalis concilii promulgasti . quocirca fraternitati tuae per apostolica scripta mandamus , quatenus si est ita , infra xv . dies post susceptionem praesentum , sententiam ipsam sine difficultate relaxes . alioquin venerabilibus fratribus nostris dar. midens . & osser . episcopis , damus nostris literis in mandatis ut ipsi extunc sufficienti ab eis super hiis pro quibus praedicta sententia est prolata , recepta iuxta formam ecclesiae cautione , sententiam , relaxantes , eandem audiant , si quid postmodum remanserit questionis , & appellatione remota fine debito decidant , & faciant quod decreverint authoritate nostra firmiter observari . dat. alatri xiiij . kalend. iunii . pontificatus nostri anno sexto . anno . william de marisco bishop of london , of his own accord resigning his bishoprick , eustachius de faucumberge , tunc scaccarii thesaurarius , quinto calendas martii , in episcopum londinensem eligitur ; cuius electio a legato pandulpho confirmatur & vii . calendas ; maii apud westmonasterium consecratur : which bishop soon after , petiit ab abbate willielmo & conventu westmonasteriensi processionem , procurationem , visitationem , & omnimodam jurisdictionem : propter quae ad papam fuit appellatum . after which appeal , this difference was by consent of both parties referred to stephen langhton archbishop of canterbury , two other bishops , and two priors , as arbitrators to determine : qui monasterium westmonasterii ab omnimoda subjectione & jurisdictione episcopi londinensis penitus exemptum declaraverunt , ( by vertue of the kings charters ) & ordinaverunt , quod ecclesia de stanes , cum pertinentiis suis , in usus proprios ecclesiae westmonasteriensis commutaretur ; & manerium de sunneb . in proprietat . episcopi londinensis , & ecclesia ejusdem manerii cedat in usus proprios ecclesiae sancti pauli in perpetuum : which prevented all proceedings on this appeal . the same year , upon the * forementioned complaint and letters of king henry to pope honorius , against henry de lezimaco , earl of march , the pope sent this bull to him , and isabel his wife , ( the original whereof i found amongst other ensuing bulls of his in the white tower ) threatning to interdict his lands , and excommunicate his person , if he submitted not to the kings just demands . honorius episcopus servus servorum dei. dilecto filio nobili viro hugoni de lezimaco comiti marchiae , & isabellae uxori ejus , pictavens . dioc. salutem & apostolicam benedictionem . intelleximus ex relatione venerabilis fratris nostri pandulphi episcopi norwicensis , quod tempore treugae initae , inter charissimum in christo filium nostrum henricum regem anglorum illustrem , ex parte una , & vos ex altera , mediante praedicto episcopo tunc electo , vos juxta intentionem episcopi memorati pro vobis & complicibus vestris , mandatis nostris stare iurastis , super hiis pro quibus in personas vestras , et fautorum vestrorum , ac complicum excommunicationis et in terras vestras et ipsorum , interdicti fuerant per venerabiles fratres nostros , xantonen . lemovicen . episc . & dilectum filium decanum burdegaley , sententiae authoritate apostolica promulgatae pro eo videlicet , quod dotem sororis ejusdem tu fili comes , ea rejecta , reddere contempnebas , & quia castrum de campniaco , quo tu filia , priusquam invicem copularemini , spoliaras regem & fideles ipsius , detinebatis indebite occupatum , & post inhibitionem nostram , ne regem infestares eundem , castrum suum merpisii , tu comes obsederas & occupaveras violenter ; ( all temporal matters no wayes belonging to his papal jurisdiction ) verum quia pati nec volumus nec debemus , ut mandata nostra vel per alienam eludantur astutiam , vel per proterviam contempnantur , nec vos decet abuti gratia in relaxatione praedictarum sententiarum vobis exhibita , cum potius expediat ut vos nostris et regis ejusdem beneplacitis coaptetis , nobilitatem vestram monemus attente per apostolica vobis scripta sub debito praestiti juramenti , praecipiendo mandantes , quatenus infra festum sancti andreae futurum proximo , dotem et castra praedicta cum fructibus inde perceptis , et aliis , necnon et castrum merpisii praefato regi , vel cui mandaverit ipse , sublato cujuslibet difficultatis et appellationis objecto , reddatis ; de dampnis et injuriis irrogatis sibi et ejus fidelibus nihilominus satisfacientes eidem ; alioquin praedictis episcopis et decano nostris damus literis firmiter in praeceptis , ut vos et complices vestros , et vestras et ipsorum terras in pristinas sententias reducentes , ex tunc vos excommunicatos denuncient , et perjuros et sententias ipsas pulsatis campanis , et accensis candelis singulis diebus dominicis et festivis publicari solempniter faciant , et usque ad satisfactionem condignam inviolabiliter observari . praelatos , quoque ac clericos , si qui vobis in hac parte faventes , sententias non servaverint memoratas , ad praesentiam nostram cum suis testimonialibus literis suspensos venire compellant . nos quoque contra vos severius spiritualiter et temporaliter procedemus . dat. lateran . vij . kalend. iulii . pontificatus nostri anno sexto . this original bull under seal ( with sundry more ) i found in the white tower , with this in the leaden seal , honorius papa . thus did this insolent pope in meer temporal affairs cast abroad his thunderbolt of excommunication with highest arrogance , to terrifie and trample all kings and temporal princes , nobles , under his papal feet . what ecclesiastical censures were then inflicted upon impost●rs and blasthemers , this president will inform us . hoc anno comprehensus fuit quidam , paucis diebus ante concilium celebratum cantuariae , ( mistaken for oxoniae ) a magistro stephano cantuariensi archiepiscopo , habens in corpore & membris , scilicet in latere , manibus , & pedibus , quinque vulnera crucifixi , & in dicto concilio simul cum eo , utriusque sexus , scilicet hermaphroditus , ejusdem erroris quo prior obcaecatus , fuit cum suo complice praesentatus . super quo convicti , et publice confessi , iudicio ecclesiae puniti fuerunt . similiter & quidam apostata iudaeus , factus ex christiano diaconus ; qui similiter est iudicialiter punitus , quem falco statim arreptum suspendi fecit : by judgement of the kings temporal court , ( not council ) as bracton informes us . the first imposter who counterfeited himself to be christ , with two women his followers , counterfeiting themselves to be the virgin mary , the mother of christ , and mary magdalen , were immured together with him without any victuals , and starved to death , as some relate , and others that they were crucified . in this council held at oxford under archbishop stephen , many constitutions were made , most of them very usefull to reform extortions , abuses , procurations in visitations , the taking of any fees for letters of order , funerals , or administring any sacrament ; as also against pluralities , non-residence , aud other abuses of clergy-men : only it begins with this extravagant general form of excommunication , enchroaching upon the kings prerogative and subjects liberties in sundry particulars , warranted by no authority from god the father , or blessed virgin , as it pretends . ex authoritate dei patris omnipotentis , & beatae virginis , & omnium sanctorum , & praesentis concilii , excommunicamus omnes illos qui ecclesias suo jure maliciose privare praesumunt : aut per maliciam earundem libertates infringere vel perturbare contendunt . item , omnes illos qui propria temeritate ecclesiastica beneficia in cantuariens . provincia absque diocaesanorum authoritate , illicite occupant per intrusionem : & detinent sic occupata , cum eorundem fautoribus . item , omnes illos , sive clericos , sive laicos , qui sequestrum domini episcopi in vacantibus ecclesiis vel aliis de causis justis interpositum violare praesumunt , clericis nihilominus hujusmodi ulterius puniendis prout statutum est in synodo synodali .. item , omnes illos qui ecclesias vel coemiteria , sive caetera refugia ecclesiastica contra ecclesiarum immunitates violare praesumunt , vel bona in eis causa refugii existentia invadendo , vel auferendo , sive incendendo ; homines in eis capiendo vel extrahendo ab eisdem . item , omnes illos qui bona clericorum aut hominum tenentium de ecclesia , & praecipue manentium in terris episcopalibus , injuste , aut violenter diripiunt : seu alias eos in propriis personis molestare praesumunt . item , omnes illos sures , & latrones , & praedones publice diffamatos , qui de loco ad locum transeuntes , furta & rapinas ac depraedationes illicitas dei timore postposito perpetrare non formidant . item , incendiarios , sacrilegos , falsarios : cum omnibus praedictorum fautoribus , auctoribus , receptatoribus , defensoribus , complicibus , participibus , consilium praestantibus , & scientibus de hujusmodi furtis , vel rapinas ementibus , illique maxime hac sententia involvant , qui latrones in terris , castris vel domibus suis tenent , vel de eorum latrociniis participes sive domini fiant . item , omnes illos excommunicationis sententia innodamus , qui pacem & tranquillitatem ▪ domini regis & regni injuriose perturbare praesumunt , & qui * jura domini regis & regni injuste detinere & continere contendunt . adjecimus , omnes illos sibi sententia involutos , qui scienter & prudenter falsum perhibent testimonium , vel perhibere procurant , vel etiam qui tales testes scienter producunt , & subornant , causa matrimoniali , ubi scilicet agitur contra matrimonium , vel ubi agitur ad alicujus exhaeredationem . advocatos quoque omnes excommunicamus qui in causis matrimonialibus maliciose exceptiones proponunt , vel proponere procurant , ne matrimonia debitum sortiantur effectum , vel etiam ut contra justitiam processus ejus diutius suspendatur . item , excommunicamus omnes illos qui gratia lucri , favoris , vel odii , vel alia quacunque de causa alicui maliciose crimen imponunt , cum infamatus non sit apud bonos & graves , ut sic saltem purgatio ei indicat vel alio modo gravet . praeterea omnes illos excommunicationis sententia innodamus qui vacante ecclesia maliciose opponunt se , vel opponi procurant super jure patronatus , quatenus sic verum patronum illius ecclesiae collatione , saltem illa vice , defraudent . excommunicamus omnes illos qui gratia lucri vel odii , vel aliter contemnunt exequi mandata domini regis contra excommunicatos edita , claves ecclesiae contemnentes . item , omnes illos qui in solvendis decimis suis ecclesiis suis parochialibus debitis & consuetis scienter fraudem fecerint : videlicet de omnibus fructibus terrarum & arborum : de faeno quocunque loco percepto , de pannagio porcorum , herbis ortorum , de apibus & nutrimentis animalium , & de foetibus quos nutriunt , lana , lacte , caseis quocunque coagulatis , & de omnibus quae renovantur per annum , piscationibus , venationibus , molendinis , & negotiationibus , artificiis , caeterisque justis laboribus , & licite acquisitis , & de omnibus aliis de jure , sive de consuetudine decimandis . item , omnes illos qui viros religiosos , clericos beneficiatos , & eorum homines in solo ecclesiastico degentes , talliis , vectigalibus , muragiis , tributis , fossatis , cariagiis , vel aliis exactionibus indebitis , & inconsuetis per injustas & violentas extortiones non modicum ecclesiasticae libertatis praejudicium , aggravare praesumunt . haec generalis sententia excommunicationis supradicta singulis annis in quatuor festis majoribus , videlicet , nativitatis domini , paschae , pentecostes , & diei omnium sanctorum , in singulis ecclesiis innovetur , & solenniter recitetur a singulis presbyteris parochialibus , sacris vestibus indutis , pulsatis campanis , & accensis candelis , praesente parochianorum multitudine in lingua vulgari . these excommunicators had quite forgot * st. bernards lesson . sciant boni fidelesque pastores , languentium sibi creditam animarum curam , non pompam ; medico● se , & non dominos agnoscentes : parant confestim adversus haeresim animae , non vindictam sed medicinam . audiant haec praelati , qui sibi commissis semper volunt esse formidini , utilitati rarò : studete magis amari quam metui : suspendite verb ra , producite ubera ; pectora lacte pinguescant , non typho turgeant . and the people might justly take up his complaint . paucos habemus heu pastores , multos autem excommunicatores . parum est nostris vigilibus quod non servant nos , nisi et perdant soon after this archbishop and the bishop of lincoln , by their usurped ecclesiastical jurisdiction , without the kings royal authority , commanded by their injunctions that none should sell any victuals to the jews , nor have any communion with them , whereupon they could find none that would sell any thing to them ; of which the jews complaining , the king by his ecclesiastical prerogative issued this writ to the mayors of canterbury , oxford , and norwich , to countermand the bishops injunctions , that all should sell victuals and other necessaries to them , and that they should imprison every one refusing to do it , till further order , as this record informs us . rex vicecomiti & majori cantuariae salutem . ostenderunt nobis iudaei nostri linc. quod occasione praecepti venerabilis patris s. cantuariensis archiepiscopi , & episcopi lincolniensis facti de iudaeis , ne qui eis victualia vendant , nec communiam habeant cum eis , nec inveniunt aliquem qui eis aliquid vendant . et ideo vobis praecipimus , quod visis literis istis , praecipi et proclamari faciatis ex parte nostra in balliva vestra , quod vendantur eis victualia et alia necessaria : et si quem inveneritis qui eis deneget victualia et necessaria alia vendere in civitate lincolniae , et alibi , illum capiatis , et corpus ejus salvo custodiatis donec aliud inde praeceperimus . teste h. &c. apud westmonasterium , decimo die novembris . eodem modo scribitur majori & praepositis oxoniae , de judaeis oxon. & ballivis de norwico , de judaeis norwic. the archbishop stephen langhton persevering in his treasonable seditious practises against king henry the d. as he had done against his father king john , anno . demanded of him a confirmation of the great charter , granted and ratified by his father , on purpose to raise new wars and rebellions upon the same account , and in the same manner as he had * formerly done ; thus registred by matthew paris . rex henricus ad natale tenuit curiam suam apud oxoniam . et postmodum , in octavis epiphaniae , apud londonias veniens cum baronibus ad colloquium ; requisitus est ab archiepiscopo cantuariensi , et magnatibus aliis : ut libertates , et liberas consuetudines , pro quibus guerra mota fuit contra patrem suum , confirmaret . et sicut archiepiscopus ostendit evidenter , idem rex diffugere non potuit , quin hoc faceret : cum in recessu lodovici ab anglia , juravit , et tota nobilitas regni cum eo ; quod libertates praescriptas omnes observarent , et omnibus traderent observandas . quod audiens willielmus briwere , qui unus erat ex consiliariis regis , pro rege respondens , dixit : libertates quas petitis , quia violenter extortae fuerunt , non debent de jure observari . quod verbum archiepiscopus moleste ferens , increpavit eum , dicens : willielme ( inquit ) si regem diligeres , pacem regni non impedires . uidens autem rex archiepiscopum in iram commotum , dixit : omnes libertates illas juravimus , et omnes astricti sumus , ut quod juravimus , observemus . et rex protinus habito super hoc consilio , misit literas suas ad singulos vicecomites regni ; ut per milites duodecim , vel legales homines , uniuscujusque comitatus , per sacramentum facerent inquiri , quae fuerunt libertates in anglia , tempore regis henrici avi sui ; & factam inquisitionem ad londonias mitterent ad regem , in quindecem diebus post pascha . soon after , this archbishop with . more bishops came to lewes the french king , to demand normandy , and other transmarin lands to be rendred to king henry , according to his oath upon the peace made between them : he refusing to perform it , replyed , ( most probably by the archbishops direction , whose words he used ) that king henry himself had violated his oath and agreement between them , especially concerning their liberties and laws . de libertatibus autem regni angliae , pro quibus guerra mota fuerat , qu● in recessu suo concessae erant , & ab omnibus juratae , ita actum est ; quod non solum illae leg●s pessimae ad statum pristinum sunt reductae , sed & illis nequiores per totum r●gnum angliae sunt generaliter constitutae . quod audientes archiepiscopus & episcopi , cum aliud responsum habere nequiverant , ad propria sunt reversi , regi angliae ea quae audierant referentes : dealing here as he * formerly dealt between king john and the barons . besides , this archbishop and his officials usurping upon the rights of the crown on the one hand , as the pope and his legates did on the other , prohibited the payment of certain rents , annually due to the crown , during the vacancy of the bishoprick of coventry , arising out of the archdeaconries of that diocesse , in derogation of the rights of the crown ; whereupon the king issued forth this writ unto him , running in a milde stile , in nature of a prohibition , to redresse this injurious encroachment , and preserve his royalties . rex cantuariensi archiepiscopo salutem . ex insinuatione custodum nostrorum episcopatus coventrensis , accepimus , quod officiales vestri redditus quosdam provenientes ex archidiaconatibus coventrensis diocesis capiendo eos , ad manus praedictorum custodum venire non permittunt ; vnde tanto vehementius admiramur quanto certius per inspectionem rotulorum de scaccario nostro , didicimus quod temporibus praedecessorum nostrorm regum angliae , videlicet avi , avunculi , & patris nostri hujusmodi redditus simul cum aliis exitibus ejusdem episcopatus , cum ipsum temporibus illis vacare contigisset , de quibus etiam ad scaccarium nostrum responderunt . rogamus igitur paternitatem vestram , quatenus non permittatis ab officialibus vestris aliquid attemptari , quo minus redditus hujusmodi ad manus baillivorum custodum nostrorum perveniant , immo potius juxta spem certam quam dilectione vestra gerimus , nos investitis , observetis et laetantes de hiis quae antecessores nostri sicut praediximus , authoritate regia sunt gavisi . teste h. apud westmonasterium octavo die novembris . the bishop of durham likewise exceeding the bounds of his jurisdiction , to the prejudice of the rights of the crown , the king for redresse thereof sent this memorable prohibition to his officers . rex adae de ieland , rogero dandre , jordano hayron , willielmo britton , & roberto de ieland , salutem . praecipimus vobis ne teneatis placitum per aliquod breve venerabilis patris r. dunholm . episcopi , cancellarii nostri , quali praedecessores sui temporibus praedecessorum nostrorum usi non fuerunt , et quale ad ipsum non pertinet , iure episcopatus sui ; et ne idem episcopus utatur libertate aliqua in curia sua contra coronam et dignitatem qua praedecessores sui jure episcopatus sui usi non fuerunt temporibus antecessorum nostrorum regum angliae , donec discussum fuerit in curia nostra , utrum hujusmodi brevia et libertates pertineant ad ipsum episcopum jure episcopatus sui , vel non . teste meipso apud bed. xxx . de junnii . the king likewise issued this subsequent prohibition to the archbishop of york , against trying the right of advousons in spiritual courts , and to admit a clerk. rex archiepiscopo eborum salutem . monstravit nobis prior dunholm . quod cum venerabilis pater dunholm . episcopus , cancellarius noster , impetrasset quasdem literas de advocationibus ecclesiarum de kirkel . hovedon , & bretenham , welleton , & de waketon , quas , sicut dicit , idem prior ei injuste detinet , ipse postmodum alias literas obtinuit vobis directas , ne ad ecclesias illas personas admittatis donec in curia nostra discussum fuerit , ad quem illorum pertineat illarum ecclesiarum advocatio . verum quoniam visum est consilio nostro , quod ultimae literae de prohibitione locum habere non debeant , nisi ubi agitur de ultima praesentatione , et prior sibi timeat quod velitis de vacantibus authoritate concilii disponere si ultra tempus sex mensium eas vacare contigerit . vobis mandamus rogantes , quatenus nisi alia justa subsit causa praeter dictam prohibitionem ad ecclesiam de hovedon vacantem , ad dicti prioris praesentationem personam idoneam admittere non differatis . teste rege apud wigorn. vicesimo die septembris , coram domino cautuariensi , lincolniensi , & bathoniensi episcopis , & m. de pateshull . these proceedings of the archbishop and bishops , ( then most intrusted by the king ) made him jealous of their loyalty , and some secret designs against him , which by reason of their present power he durst not openly discover , but rather endeavoured to oblige them by commending their loyalty : for which end , anno . king henry having a resolution to resume the castles and lands belonging to the crown of england , in the possession of his barons and others , by advise of hugh de burgo his chief justice , dispatched special trusty messengers with letters to the pope and gualo his legate , commending the fidelity of the archbishop and some other bishops to him , and beseeching him to command them by his special bulls to assist him against , and excommunicate all such as should rebell , or disturb the peace of the kingdom , and to send particular letters to the earls and others there named , to ayd him if there were occasion with their forces ; the chief design being not committed to writing , but privately to be imparted by word of mouth , by the agents who carried the letters , which i find thus entred in the records . domino papae salutem . de beneficiis immensae pietatis vestrae multimodis quibus suffragantibus de nubilo reducimur in serenum , supra regna constituti quae merito vestra sunt , sed ex hoc maxime , quod transmissis in angliam sanctitatis vestrae literis liberam nos ministrationem castrorum et rerum nostrarum voluistis , paternitati vestrae , quas et quales possumus ad effusas assurgimus gratiarum actiones eidem , quae de nobis et statu regni nostri semper sollicita est , pro certo referentes , postquam de pace nobis & terrae nostrae reddita gavisi sumus , nunquam majorem spem concepimus de prosperitate & melioratione status nostri & regni nostri quem venerabilis & dilectus nobis in christo pater cantuariensis archiepiscopus , una cum dunholm . episcopo cancellario nostro & coepiscopis suis , & ceteris angl●ae praelatis adhibita circa nos , & agenda nostra vigilant cura , assistente semper lateri nostro potenter & patenter in omni fidelitate dilectissimo nobis h. de burgo justiciario nostro , cum caeteris fidelibus nostris quos inferius nominabimus , prosperum efficere & tranquillum . set cum non dormiat ille qui pacifica semper corda turbare nititur , si qua ex parte quorundam ex magnatibus simulantium se velle negotia nostra promovere , sicut vobis poterunt , si placet , praesentium bajuli plenius enarrare , vobis suggesta fuerint nimis audacter hiis contraria , inania et fide minus digna reputare velitis , quoniam cum multorum diversa sit plreumque voluntas non omnibus omnia quae circa nos versantur sunt accepta , si quid autem contradictionis emersum fuerit , quod absit , in regno nostro facile sedare poterimus propitiante domino , ex memorati domini cantuariensis archiepiscopi coepiscoporumque ejus , nec non et iustic . nostri et aliorum nobis assistentium consilio et auxilio . petimus igitur a sancta paternitate vestra quatenus nuncios nostros videlicet , dilectos & fideles nostros magistrum stephanum de lucy , & g. de crancumb , qui vos plenius instruere poterunt de statu nostro , & regni vestri , benigne audiatis , & negotia nostra quae ipsi vobis exponent expedire , velitis . diligentiam domini cantuariensis & coepiscoporum eius agen●is nostris expediendis appositum propensius habentes commendatum , dantes eis in mandatis , ut nobis assistant , rebellesque nobis et adversantes per censuram ecclesiasticam appellatione remota compescant : scribere etiam velitis ▪ h. de burgo justic . ws com. sarr . com. w. marr. com. warren . com. de ferrariis com. w. de mandevill , com. h. le bigod , com. h. de warwick , comiti hereford , comiti arundel , roberto filio walteri , roberto de ros , galfrido de say , w. de bello campo . w. de albin , waltero de clifford , rogero de clifford , thomae de muleton , h. de vivon , firmiter iniungentes , ut agenda nostra solita diligentia promoveant , et nobis semper viriliter assistant , quos etiam de inceptis diligentiae et fidelitatis suae laudabilibus commendare velitis . scribere etiam velitis certis personis ( à ) nunciis nostris vobis nominandis , quod si quid in animo conceperint contra nos , vel iusticiarium nostrum , vel alios de nostris qui nobis assistant , a proposito tali resiliant et nobis firmiter adhaereant . alioquin juxta providentiam vestram compescantur . ut autem hiis quae vobis scribimus major fides adhibeatur , paternitati vestrae notum facimus , quod literae praesentes a voluntate & praecepto nostro emanaverunt , & in praesentia nostra confectae & sigillatae fuerunt . plura autem posuimus in ore dictorum nunciorum vobis exponenda , quae si placet solita benignitate velitis exaudire , quae quidem propter marium pericula scripto noluimus commendare . teste meipso apud london xix . die decembris coram h. de burg. justiciario , & bath . & sarr . episcopis . the like letter ( with little variation ) to the same effect , he then sent to gualo formerly the popes legat in england . domino gual . salutem . de multiplici & solito suffragio vestro quo de nubilo reducimur in serenum , in multis promoti , quas & quales possimus vobis effundimus gratiarum actiones , dilectioni vestrae pro certo referentes , quod postquam de pace nobis & terrae nostrae reddita gavisi sumus , nunquam majorem spein concepimus de tranquillitate & melioratione status nostri & regni nostri , quem venerabilis & dilectus nobis in christo pater , cantuariensis archiepiscopus , una cum dunbolm cancellario nostro , & coepiscopis suis , & caeteris angliae praelatis , assistente semper lateri nostro potenter & patenter in omni fidelitate , h. de burgo justiciario nostro , cum ceteris fidelibus nostris , prosperum effecit & tranquillum . set cum non dormiat ille qui pacifica corda turbare nititur , supplicavimus domino papae , ut si qua ex parte quorundam ex magnatibus nostris simulancium se velle negotia nostra promovere sicut presentium bajuli , sibi poterunt , & vobis si placet plenius enarrare , auribus domini papae † suggesta fuerint hiis contraria inania & fide minus digna velit reputari , quoniam cum multorum diversa sit plerunque voluntas , non omnibus omnia quae circa nos geruntur , sunt accepta ; si quid autem contradictionis emersum fuerit , quod absit , in regno nostro , facile sedare poterimus propitiante domino ex memorati domini cantuariensis archiepiscopi , coepiscoporum ejus , nec non & justiciarii nostri & aliorum fidelium nostrorum nobis assistentium consilio & auxilio . petimus igitur a dilectione vestra ut nuncios nostros videlicet dilectos & fideles nostros magistrum stephanum de lucy , & g. de crancumb , qui vos plenius instruere poterunt , de statu nostro & regni nostri , benigne audire & in conspectum domini papae solita pro nobis facta intercessione reddere velitis expeditos ; efficientes , si placet , quod diligentiam domini cantuariensis & coepiscoporum ejus , justic ▪ etiam , & fidelium nostrorum specialius nobis assistentium , quod vobis expressius nominabunt praesentes nuncii , circa nos appositum ut praediximus , habeat dominus papa commendatum , istis ut spirituali gladio rebelles nobis , appellatione remota , compescant , ut secundum vires temporales nobis fideliter et potenter obsequendo laudabilibus inceptis suis firmiter insistant : scribi etiam impetretis a domino papa certis personis & * nunciis nostris nominandis , quod si quid in animo conceperint contra nos vel iusticiarium nostrum , vel alios de nostris qui nobis assistunt , a proposito tali resiliant , et nobis firmiter adhaereant , alioquin juxta prudentiam domini papae et vestram compescantur : ut autem hiis quae vobis scribimus major fides adhibeatur paternitati vestrae nobis dilectae notum facimus quod tam praesentes literae quam aliae literae nostrae domino papae directae , a conscientia & praecepto nostro emanarunt & in praesentia nostra confectae & sigillatae fuerunt . teste meipso apud london . decimo nono die decembris coram h. de burgo justic ▪ & bath & sarr . episcopis . the effect of these letters concerning the kings lands and castles , is thus related by mat. paris . eodem anno surrexit murmuratio non modica a magnatibus angliae , contra hubertum de burgo justitiarium , qui pacem regni conati sunt perturbare . dicebant enim ad invicem , quod animum regis exasperabat contra illos , & quod similiter non aequis legibus regnum regebat . accessit praeterea ad majoris odii incentivum , adventus nunciorum regis , quos romam miserat , qui bullam domini papae archiepiscopis angliae , et eorum suffraganeis deferebant , quae talem continebat sententiam , videlicet , quod dominus papa regem angliae plenae aetatis adjudicaverat , quod ex tunc negotia regni idem rex principaliter cum suorum domesticorum consilio ordinaret . significavit etiam executoribus praelibatis dominus papa in literis supradictis ; quatenus authoritate apostolica denunciarunt comitibus , baronibus , militibus , et aliis uni●ersis , qui custodias habebant castrorum , honorum et villarum , quae ad regis dominium spe●tabant , ut continuo visis literis , regi illas redderent : contradictores autem per censuram ecclesiasticam ad satisfactionem compellerent . unde pars maxima comitum & baronum , quorum corda concupiscentia possidebat , hujusmodi praecepta indigne ferens , bellumque suscitare disponens , convenit in unum , & conspiratione absque follibus conflata , supradictas occasiones praetendebat , ut pacem regni perturbaret . custodias autem jam dictas , per admonitionem archiepiscoporum et episcoporum , regi reddere supersedit , volens potius arma movere , quam regi satisfacere de praemissis . hereupon , anno domini . rex henricus ad natale tenuit curiam suam apud northamptonam , praesente archiepiscopo cantuariensi , cum suis suffraganeis , & militia magna nimis . comes vero cestrensis , cum suis conspiratoribus , apud leicestriam tenuit festum suum ; tumens , & minas contra regem & justitiarium intendens , pro custodiis castrorum ac terrarum , quas idem rex exigebat ab illo . in crastino autem post missarum solemnia , archiepiscopus cantuariensis , cum suis suffraganeis episcopis albis induti vestibus , et candelis accensis , excommunicaverunt omnes regis et regni perturbatores , et sanctae ecclesiae , et rerum ecclesiasticarum invasores . deinde idem archiepiscopus misit solemnes nuncios apud leicestriam ad comitem cestriae et suos complices ; firmiter denuntians singulis et universis , quod nisi in crastino resignarent in manus regis omnia castella et honores ad coronam spectantia ; ipse et omnes episcopi nominatim excommunicarent illos , sicut a domino papa fuerat demandatum . tunc comes cestrensis & ejus complices , cum per exploratores edocti fuissent , quod rex majorem quam ipsi , haberet numerum armatorum , consternati sunt valde : quia si facultas eis suppeteret , in regem propter justitiarium potencer arma moverent . sed cum proprium conspexissent defectum , verebantur dubium certamen mire : et praeterea timuerunt archiepiscopum et episcopos , ne forte illos excommunicarent , nisi desisterent ab incoeptis . unde saluberimo usi consilio , venerunt apud northamptonam ad regem universi , et a comite cestrensi incipientes , reddiderunt singuli castella et municipia , honores et custodias regi , quae ad coronam spectare videbantur . thus the popes bulls , and bishops excommunications , ( which here accidentally produced the best effect i read of , for want of power in the barons to resist the kings temporal sword , forces , not this ecclesiastical thunderbolt ) were then made use of in most secular affairs , and not only the temporal lords and commons thereby subjected , enthralled to the popes and prelates jurisdictions , but the king and kingdom too , upon meer politick and secular concernments and affairs . the same year , * falcatius de brent seizing upon henry de braybroc , one of the kings justices itinerant , for giving judgement against , and imposing fines upon him in assizes of novel-disseisin , for lands and houses he had forcibly entred into in luton , and afterwards carrying him prisoner to bedford castle : the king , bishops and barons then sitting in a parliamentary council at northampton , presently went and besieged the castle , tunc archiepiscopus , & episcopi universi ; ( after a treble summons and admonition to surrender it , withstood ) ipsum falcatium , & omnes qui in castelli praesidio erant , candelis accensis , excommunicationis mucrone percusserunt : which excommunication they slighting and deriding , manfully defended the castle near . weeks space , till taken by force . falcatius by judgement abjured the realm for ever , and lost all his goods . after which , romanam curiam adiit , qui sciebat eam pro pecunia sibi de facili in quacunque causa propiciandam . sed machinatio sua non est a deo permissa , vel a sanctis quibus tot irrogavit injurias , writes matthew westminster . yet alexander de savenesby sped better , who was then consecrated bishop of chester , romae a domino papa honorio , die paschae ; no doubt for current money . king henry to pacify and gratify the archbishop ( of whose fidelity he formerly had cause to doubt ) writ this ensuing letter to the pope , to give way for the return of his brother simon langeton , into england , out of which ( it seems ) he was formerly banished , ( as well as * excommunicated , and deprived of all his ecclesiastical benifices ) for adhering to lewes and contemning the popes excommunications . domino papae salutem . quod venerabilis pater s. cantuariensis archiepiscopus , sirmiter & fideliter nobis adhereat , nos & agenda nostra ea sollicitudine promovendo , qua circa nos cuncta fuerint prospera , cuncta tranquilla , sicut paternitati vestrae notum fieri volumus , tam praesentium attestatione literarum , quam nunciorum fidelium nostrorum viva voce . volentes igitur sicut debemus , sinceritate vestra digna vicissitudine respondere , ad ea ex multiplici merito suo nitimur quae sibi grata fuerint & accepta . verum quia placeret ei plurimum sicut humanum est , magistri simonis fratris sui regressus in terram nostram , regressum ipsius & moram libenter concederemus , si ad hoc vester assensus preveniret , quod ex multimoda affectione , sicut decet , exoramus , quia in nostra & multorum magnatum & fidelium nostrorum praesentia constitutus , idem archiepiscopus promisit & manucepit , quod regressio ipsius , sive mora , nobis vel regno nostro in nullo erit damnosa . beneplacitum igitur voluntatis vestrae quam circa hoc expectandum duximus , recurrentibus sanctitatis vestrae literis nobis petimus intimari . teste meipso apud north. xix . die decembris coram h. de burg. justic . & bathon . & surr. episcopis . i cannot finde that the pope consented to this request , esteeming it very dangerous for this firebrand to return or continue in england , in this juncture of affaires . what a power the pope then usurped in making and commanding truces between england and france , ( in which cases he frequently interposed his advice , and papal authority upon request , and sometimes by meer intrusion ) will in part appear by this record . rex , venerabilibus viris & amicis in christo charissimis , episcopo senon . & episcopo silvanectenis , salutem . paternitati vestrae referimus de hiis quae de mandato domini papae nobis duxistis per liter as vestras intimanda , de trugis inter dominum regem franciae & nos prorogandis , & vobis significamus , quod nuncios nostros per dei gratiam ad concilium parisiense ad tres septimanas paschae mittemus ad audiendum inde per vos voluntatem & responsum ipsius regis franciae . noveritis autem quod nos non interim intercipiemus erga ipsum regem vel suos in trugis nisi ex parte sua prius fuerit interceptum . nos autem ex parte domini papae mandatum accepimus per literas suas , de trugis prorogandis usque ad quadriennium sicut ipse recepit . teste rege apud westmonasterium vicesimo octavo die aprilis . how the pope recommended persons to the bishoprickes in ireland , when voyd ( yet with the kings royal assent and approbation , ( which he complementally requested ) who then durst deny him nothing ) these records will informe us . rex dublinensi archiepiscopo salutem . noveritis quod nos , juxta petitionem domini papae ad nos directam pro dilecto nobis in christo g. artferten . episcopo , ipsum episcopum duximus habere commendatum . unde vos rogamus , quatinus ipsum benigne admittatis juxta mandatum domini papae , nobis pro eo directum , de facto suo ipsum habentes commendatum : et quod vestrum est in hac parte exequi velitis . teste rege apud wodestock decimo quinto die septembris coram justiciario & bathoniensi episcopo . dominus rex adhibuit assensum & regium favorem ad petitionem domini papae electioni de mauritio quondam episcopo cork in archiepiscopum cassel . et mandatum est omnibus , &c. quod ei tanquam domino suo in omnibus intendentes sint & respondentes : in cujus , &c. teste rege apud london . vicesimo quinto die augusti . dominus rex adhibuit assensum regium electioni factae de florentio olim beleghatens . archid. in cleonensem episcopum . et mandatum est electo cassell . quod id quod suum est in hac parte exequatur . teste ut supra . but though the king consented to these papal requests , yet he would by no meanes admit the transmission of an appeal to the pope in a case of bastardy in ireland , pleaded in a writ of mortdauncester , after due proof and examination thereof in the ecclesiastical court there before the archbp. of dublin , who ought to certify the same ; it being both dishonourable , of dangerous example , and prejudicial to his crown and publike justice , to transmit that which belong'd to his own jurisdiction dignity , court , to a forraign papal tribunal ; as this memorable record will evidence . rex dublinensi archiepiscopo , justiciario hiberniae salutem . ad ea quae vobis nuper nostris dedimus in mandatis , ut nobis rescriberetis quatenus fuisset processum in causa nicholai de felda , qui contra abbatem & canonicos sarcti thomae dublin . in curia nostra coram justiciariis nostris petiit duas carrucas terrae cum pertinentiis , in kelredheri per assisam de morte antecessoris ; cui etiam coram eisdem justiciariis objecta fuit bastardia , per quod ab ipsis justiciariis ad vos fuit transmissus , ut in foro ecclesiastico de ejus bastardia sive legitimitate agnosceretis ; nobis per literas vestras significastis , quod cum foro civili terram praedictam peteret per literas nostras , de morte antecessorum versus memoratos abbatem & canonicos , obiecta et fuit nota bastardiae , quare in foro eodem tunc non fuit ulterius processum ; memoratus etiam nicholaus , de mandato justic . nostrorum in foro ecclesiastico coram vobis volens probare se esse legitimum , testes producit , et publicatis attestationibus suis post diutinas altercationes et disputationes , tam ex parte abbatis quam ipsius nicholai , cum ad calculum diffinitivae sententiae procedere velletis , comparuerunt duae puellae minoris aetatis , filiae richardi de la felle , patris praedicti nicholai , et appellaverunt , ne ad sententiam ferendam procederetis , quia in hoc manifestum earum verteretur praejudicium , eo quod alias praecluderetur eis via petendi hereditatem petitam , nec possit eis subveniri per restitutionem in integrum , unde de consilio virorum prudentium , ut dicitis , appellationi deferentes , causam secundum quod coram vobis agitata est , domino papae transmisistis instructam ; de quo plurimum admirantes , non immerito movemur , cum de legitimitate praedicti nicholai per testium productiones et attestationum publicationem , puellarum praedictarum contra quas non agebatur , vel etiam de quibus nulla fierat mentio in assisa memorata , nec fuerunt aliquae partes illarum in causa praedicta , sententiam diffinitivam pro eo distulistis pronunciare , et male , quasi nostrum declinantes examen , et volentes id quod per nostram determinandum esset iurisdictionem et dignitatem , ad alienam transferretur dignitatem . quod valde perniciosum esset exemplo . cum etiam si adeptus esset praedictus nicholaus possessionem terrae praedictae per assisam praedictam , beneficium petitionis haereditatis predictis puellis plane suppeteret in curia nostra per breve de recto , maxime cum per literas de morte antecessoris agatur de possessione , et non de proprietate , et ex officio vestro in casu proposito nihil aliud ad vos pertinebat nisi tantum de ipsius nicholai legitimitate probationes admittere , et ipsum cum literis vestris testimonialibus ad iusticiarios nostros remittere : de consilio igitur magnatum et fidelium nobis assistentium , vobis mandamus firmiter injungentes , quatinus non o●●●●te appellatione praemissa , non differatis pro eo sententiare , ipsum ad iusticiarios nostros remittentes cum literis vestris testimonialibus , ut eis de loquela postmodum agitata , postmodum possint secundum legem et consuetudinem terrae nostrae hiberniae iusticiae plenitudinem exhibere . teste h. apud glouc. decimo nono die novembris . the pope and bishops by their canons had prohibited all secular powers , juries , oaths , and suites at law , * during the time of advent , sexagesima and lent , upon pain of excommunication , as times devoted for prayers unto god , and to appease and accord discords , to the great obstruction of justice , especiall in assises and inquests before the kings justices in eires , requiring speedy remedy : whereupon the king was enforced to procure this special license only for this year , for his justices to take oaths and proceed to trials of assises of darreign presentment , novel-disseisin , grand assises , and inquisitions , and to promise that it should not be drawn into consequence for the future , as this patent resolves . rex universis praesentes literas inspecturis salutem . cum venerabilis pater s. cantuariensis archiepiscopus , authoritate domini papae , et de consilio fratrum suorum , fecerit nobis gratiam de iuramentis praestandis , coram justiciariis nostris de praecepto nostro itinerantibus , ab instanti adventu domini usque ad vigiliam sancti thomae apostoli , & a principio septuagesimae usque ad dominicam qua cantatur : isti sunt dies , duntaxat in causis subscriptis , videlicet : in assisis ultimae praesentationis , de morte antecessoris , novae disseisinae , de magna assisa , & inquisitionibus quae de terris emergent , coram eisdem justiciariis nostris , vel per judicium , vel de consensu partium ; ita quod haec concessio tantum hoc anno durabit usque ad diem dominicam supradictam ; nos per has literas patentes eis protestamur , quod haec concessio nobis ad praesens facta usque ad diem dominicam praedictam , non trahetur ad consequentiam post diem eundem : in cujus rei testimonium eidem domino cantuariensi archiepiscopo dedimus has literas nostras patentes sigillo nostro signatas . teste meipso apud westmonasterium vicesimo quarto die novemb. anno regni nostri octavo . this restraint * continued ( unlesse specially dispensed with ) till abolished ( as to these actions ) by the statute of . ed. . c. . ( or . as some distinguish it ) being a very high usurpation upon the justice , rights , prerogative of the king , and prejudicial to the subjects . our kings by reason of their manifold affaires in the court of rome , relating to their own transactions , warres , treaties , realms , and correspondences with the pope and other forreign states , usually constituted sometimes general , othertimes special proctors by their letters patents , to implead and defend in their names and rights all matters there depending for or against them , of which there are many different formes and praesidents in our records , take this ( the shortest of any ) for one . domino papae salutem . dilectos & fideles nostros magistrum stephanum de lucy , & g. de crancumb . militem , constituimus procuratores in curia vestra , ad impetrandum et contradicendum . in cujus rei testimonium has literas nostras patentes fieri fecimus , duraturas usque ad festum sancti johannis baptistae anno , &c. octavo . teste meipso apud london . duodecimo die decembris coram h. de burg. justiciario & bathonensi & saresburiensi episcopis . king john had granted a pension of . marks by the year to stephen a cardinal in rome , to promote his affairs there : king henry the d. withdrew it , whereupon pope honorius sent this impotunate bull to the king , to continue this pension to him for the good service he had done his father and him , and which he might do him for the future , with menaces to crosse him in his designes and proceed rigorously against him , if he refused to continue this salary . by which we may clearly discern , that our kings could do nothing at rome in their affairs , but by granting pensions and mony both to the pope and cardinals . honorivs episcopus servus servorum dei , charissimo in christo filio illustri regi anglorum , salutem & apostolicam benedictionem . etsi beneficiorum collatio principaliter de gratia provenire habeat liberali gratia , tamen in justitiam transeunte , nequeunt revocari collata , quin utraque manifeste ledatur . quare honori suo consulit liberalis , cum donata munifice nulla patiens poenitudine deformari , ea solvit hilariter & libenter , cum nonnunquam affectus effectui praeferatur . sane dilectus filius noster stephanus , sancti adriani diaconus cardinalis exposuit coram nobis , quod cum clarae memoriae pater tuus ei adhuc in minori officio constituto , annuum redditum quinquaginta marcarum contulerit , tu eum sibi , quod non decuit , hactenus subtraxisti ; & licet ut eum sibi exolveres te rogantes pluries , & moventes etiam per alium secerimus commoveri ; nihil tamen nobis exinde respondere curasti . qui si * beneficia quae faelicis recordationis , innocentius papa praedecessor noster patruus ejus , patri tuo contulit recoleres , ut deceret , & attenderes grata obsequia quae tibi dictus cardinalis impendit , & potèst impendere in futurum ; multo majora sibi deberes offerre , ne dum quod debitum subtraheres requisitus , quod sine turpatione gratiae praecedentis & turbatione subsequentis justitiae , nec non absque offensa nostra non poteris retinere . ut igitur ex iteratione precum expressius agnoscas precantis affectum , serenitatem tuam rogamus , monemus & hortamur sicut iterum , sic attentius , quatenus prudenter advertens , quod dona & gratiae sine poenitentia debent esse , dicto cardinali subtractum redditum facias sine aliqua difficultate persolvi , ita quod de justitia gratiam sibi faciens , ipsum ad devotionem tuam reddas merito promptiorem , & nos tuam debemus munificentiam commendare : alioquin praeter id quod ipsum a tua devotione perturbans , rem amittes & meritum ; nos ( qui eidem in suo jure deesse non possumus , cui potius volumus gratiam impertiri ) aliter exinde contra te procedere compellemur , & potuissemus procedere ; nisi nuntii tui nunc apud sedem apostolicam existentes aliud suasissent . dat latteran . kal. martii , pontificatus nostri anno octavo . in dorso , scribendae quia redditu annuo stephan . de sancto adriano . the like bull verbatim , and of the same date , he directed ; dilectis filiis nobilibus viris , huberto de burgo , justiciario , & willielmo brigwer , consiliario illustris regis anglorum ; concluding it thus quocirca nobilitati ( vestrae ) per apostolica scripta mandamus , quatenus dictum regem ad hoc moneatis attentius , & efficaciter inducere procuretis . so importunatly eager were these roman harpyes to detain all pensions once granted by the king , though determined by king johns death , who granted them , not binding his successor in law or conscience to continue them . the pope and see of rome reaping much advantage by addresses from england , the king of france putting some stop to the king of englands messengers free passage to rome through his territories , thereupon honorius dispatched this bull to his legate in france , to remove this obstuction as very prejudicial to his interest , the originals both of the former and this bull i found in the tower. honorivs episcopus servus servorum dei , dilecto filio r. sancti angeli diacono cardinali apostolicae sedis legato , salutem & apostolicam benedictionem . cum hii qui ad apostolicam sedem accedunt absque ipsius injuria nequeant impediri , discretioni tuae praesentium authoritate mandamus , quatinus provideas efficaciter , quod nuncii charissimi in christo filii nostri henrici regis anglorum illustris ad nostram praesentiam venientes , transitum habeant per regnum franciae veniendo , ac redeundo securum : habens super hoc cum charissimo in christo filio nostro lodovico , rege francorum illustri , tractatum , & studens ita disponere cum eodem , quod nuntios ipsius regis angliae non contingat in franciae impediri , quia id in nostram redundaret injuriam manifeste . dat laterani . kal. julii , pontificatus nostri anno decimo . in sigill . honorius papa . king henry the d. standing in need of a subsidy from the bishops and clergy , who of themselves were very unwilling to supply him , pope honorius thereupon sent this bull to the archbishops , bishops , abbots , priors and clergy , intreating them to grant him a competent subsidy , to be disposed off by common consent only for the publick benefit of the realm ▪ and not vainly expended , promising that this grant of his and theirs should not be drawn into consequence for the future , leaving the grant free to the bishops and clergy to impose and proportion it . honorivs episcopus servus servorum dei , venerabilibus fratribus archiepiscopis & dilectis filiis abbatibus , praepositis , ac aliis ecclesiarum praelatis atque rectoribus per regnum angliae constitutis , salutem & apostolicam benedictionem . cum ecclesia secularium principum necessitatibus sponte communicat , necessarium eis susidium liberaliter impendendo , non est id liber tatis ecclesiasticae praejudicium , sed officium potius charitatis . cum ergo charissimus in christo filius noster henriens rex angliae illustris , nostrae subventionis auxilio dicatur plurimum indigere ; universitatem vestram rogamus et hortamur attentius , ac per apostolica vobis scripta mandamus , quatinus juxta facultates , ecclesiarum vestrarum competens ei subsidium impendatis ; proviso ut in singulis dioc. congruae fiant hac de causa collectae , et quae collecta fuerint sub testimonialibus literis diocesani episcopi et aliquorum abbatum , aliorumve praelatorum diocesis , assignentur viris fidelibus et discretis , quos hujusmodi curae videritis deputandos , ipsique illa illibata conservent , donec deliberato consilio expendant ubi , quando , et quo modo regi et regno videbitur amplius expedire , unde , quem ad modum de receptis sic literas testimoniales recipiant de redditibus vel expensis , quatinus omnis suspitionis tollatur occasio . et collecta pecunia non in super fluas et inutiles prodigatur expensas , sed in necessarias et utiles provide convertatur . nolumus autem quod haec nostra gratia , nostraque charitativa subventio , trahatur in consequentiam vel exemplum . uestraigitur sollicitudo provideat ut haec fiant ita * illariter , fideliter , diligenter , quod vestra charitas et prudentia ex hoc merito debeat commendari . dat lateran . . non. februarii . the issue hereof you shall hear in due place . this year the archbishop of canterbury and his suffragans , instead of granting the king a subsidie , or punishing incontinent leacherous clerks , passed these severe decrees against their concubines only , principally intended against the wives of clergy-men , whom they deemed and stiled concubines in that age . eodem anno exivit decretum ab archiepiscopo cantuariensi & episcopis ejus suffraganeis in hunc modum . concubinae sacerdotum & clericorum , qui infra sacros ordines constituti & beneficiati sunt , ecclesiastica careant sepultura : nisi sane se correxerint , & ( quia scriptum est , vivens , vivens , ipse confitebitur tibi ) incolumes , vel tanta earum in extremis appareat poenitentia ▪ propter quam non immerito cum eis debeat dispensari . item , non recipiantur ad osculum pacis ▪ nec panem benedictum percipiant in ecclesia ▪ quamdiu concubinarii eas detinent in domibus suis , vel publice extra domos . item , si pepererint , non purificentur , nisi prius sufficientem praestiterint cautionem archidiacono , vel ejus officiali , de satisfactione in proximo capitulo , post purificationem earum ▪ facienda . item , sacerdotes , in quorum parochiis concubinae talium commorantur , si non hoc ostenderint archidiacono , vel ejus officiali , suspendantur . et priusquam relaxentur , gravi poenitentiae subjaceant . item ▪ quae convinci poterit , quod sacerdos eam carnaliter cognoverit , publicam agat poenitentiam , & solennem , ac si de adulterio esset convicta , tanquam pro duplici adulterio puniatur , ne tanti reatus impunitas , aliis transeat in materiam delinquendi . the bishop of cork in ireland , having obtained the kings royal assent , at the popes request , to be archbishop of cassel , taking a journey to rome to procure it , received this writ for the restitution of his temporalties after his return . mandatum est justiciario hiberniae , quod reddi faciat archiepiscopo cassel , ea quae ballivi coeperunt de archiepiscopatu & terris clericorum suorum , postquam dominus rex praecepit ei seisinam fieri de eodem archiepiscopatu , & terris , & possessionibus ad eundem archiepiscopatum pertinentibus , post iter suum arreptum versus curiam romanam . teste rege apud westmonasterium , quinto die februarii . some persons in ireland detaining the kings castles from him , pope honorius thereupon sent this bull ( extant under his seal ) to * excommunicate such who refused to deliver them upon demand to the king , far different from some bulls of latter ages to the irish rebels . honorivs episcopus servus servorum dei , venerabili fratri archiepiscopo dublinensi , salutem & apostolicam benedictionem . cum castra quaedam hiberniae , ad dominium illustris regis angliae , ut dicitur , pertinentia contra voluntatem detineantur ejusdem , sicut ex parte sua fuit propositum coram nobis , fraternitati tuae per apostolica scripta mandamus , quatinus ipsorum castrorum illicitos detentores , ut ea ipsi regi , vel ejus nunciis sine difficultate resignent , moneas efficaciter & inducas . eos ad id summonitos si acquiescere non curaverint , per censuram ecclesiasticam , appellatione remota , cognita veritate compellens . dat. lateran . ii . idus maii. pontificatus nostri anno decimo . in sigill . honorius papa . there being a controversie concerning the liberties and franchises of the bishoprick of ely , the king issued forth this writ of inquisition , to make diligent enquiry thereof by the oathes of twelve indifferent knights , and to settle the bishop in quiet possession of them after the inquisition made . rex vicecomiti norff. & suff. salutem . praecipimus tibi quod diligenter inquiri facias in pleno com. tuo per sacramentum duodecim de legalioribus militibus ballivae tuae , qui non sint de libertatibus eliensis episcopi , qui melius sciant ac velint dicere veritatem , qualem seisinam ecclesia sua eliensis habuit de libertatibus suis , in initio guerrae motae inter dominum j. regem patrem nostrum , & barones suos , & qualem praedecessores sui habuerint tempore r. regis avunculi nostri , & tempore domini j. regis patris nostri , scilicet , de returno brevium , & de averiis captis , & de placitis infra hundredum & dimid . de midford . & infra quinque hundreda & dimid . de wickelaw , & trelig . de winestim . & de amerciamentis colligendis , tam de aliis feodis , quam suis , exceptis thesauro & murdro , de quibus idem episcopus nullam libertatem vel curiam habere potest ; & sicut idem episcopus cognovit placita illa debent praesentari ad comitat. de omnibus hundredis praedictis , sicut de hundredo midford . inquisitione autem illa diligenter facta sicut praedictum est , habere facias dicto episcopo talem seisinam de libertatibus praedictis , qualem secundum eandem inquisitionem inde habere debuerit & praedicto modo . teste rege apud westmonasterium , decimo septimo die februarii . anno , &c. nono . per ipsum dominum regem , & justic . coram london . bathon . & sarr . episcopis , & m. de patesh . & aliis de consilio domini regis . pope honorius having formerly courted king henry with a grant of a competent subsidy from the clergy to supply his necessities , soon after discovered his design therein , by dispatching otto his legate into england with letters to the king for his own filthy lucre ; the king knowing their contents , refused to give him any answer alone , it concerning the whole church and kingdom of england , but only in a parliamentary council of his prelates and nobles ; thus related by matthew paris . eodem anno , magister otto , domini papae nuncius , in angliam veniens ; pro magnis ecclesiae romanae negotiis regi literas praesentavit : sed rex cognito literarum tenore , respondit , quod solus non potuit diffinire , nec debuit , negotium quod omnes clericos et laicos generaliter totius regni tangebat . tunc per consilium stephani cantuariensis archiepiscopi , datus est dies a rege in octavis epiphaniae ; ut convocatis omnibus clericis et laicis , super praefato negotio tunc tractarent apud westmonasterium , et ibidem fieret quod justum singulis videretur . in the mean time the pope and his legate , bribed by falcatius , made intercession for him to the king , for his return into england , from * whence he was judicially banished , adjured , and restitution to his wife , and what lands and goods he had lost . eodem tempore , magister otto , ex parte domini papae , regem angliae humiliter rogavit , ut falcasio ● ▪ bi reconciliato , vxorem cum terris , & omnibus rebus amissis ad integrum restitueret , & ipsum , qui patri suo , & sibi in guerra sua tam fideliter servierat , pura , ut decebat , diligeret charitate . ad hoc quoque respondit rex , quod propter proditionem manifestam ab omni clero & populo regni , per judicium curiae suae , ab anglia fuerat in exilium pulsus ; & licet regni cura specialiter ad ipsum spectare videretur , debet legis quidem & bonas regni consuetudines observare . haec autem cum audisset magister otto , cessavit ulterius de falcasio sollicitare regem , ( having gotten his money before hand . ) and then like a popes legate sent to fleece the clergy , tunc idem otto , cepit ab omnibus ecclesiis angliae conventualibus , nomine procuratoris , duas marcas argenti . et sciendum est , quod tempore quo magister otto venit in angliam , dominus papa misit nuncios per orbem universum , exactiones ubique indebitas exigens , sicut inferius dicetur : not fishing with st. peters net to catch souls , the least of his care , but to extort monies from the clergy and laity throughout the world , by indirect and unapostolical means , to maintain his pomp , pride , wars , and antichristian designs . when the parliamentary council assembled , otto read the popes letter and proposals , wherein the detestable bribery , symoney , extortion , avarice , rapine of the pope and court of rome , are so clearly confessed , discovered , and such a remedy to prevent them for the future prescribed by the pope and cardinals , as might justly induce all conscientious christians , kings , kingdoms , for ever to abominate both the court and prelates of rome : thus recorded by our monkish historians . anno domini . venit terminus concilii ad festum sancti hillarii apud westmonasterium praefixus , ubi rex cum clero & magnatibus regni comparere debuerat , ut domini papae mandatum audiret . multis igitur in loco praefato congregatis episcopis , cum aliis praelatis & laicorum turbis ; magister otto , domini papae nuntius , literas apertè coram omnibus recitavit . in quibus idem papa allegavit , scandalum sanctae romanae ecclesiae , et opprobrium vetustissimum ; notam scilicet concupiscentiae , quae radix dicitur omnium malorum ; et in hoc praecipue , quod nullus potest aliquod negotium in romana curia expedire , nisi cum magna effusione pecuniae , et donorum exhibitione . sed quoniam scandali hujus et infamiae romana * paupertas causa est , debent matris inopiam sublevare , ut filii naturales . quia nisi a vobis et aliis viris bonis et honestis dona reciperemus , † deficerent nobis necessaria vitae , quod esset omnino romanae incongruum dignitati . ad istud itaque scandalum penitus eradicandum , per consilium fratrum nostrorum , sanctae romanae ecclesiae cardinalium , quandam providimus formam : cui si volueritis consentire , a scandalo matrem vestram poteritis liberare , et in * curia romana sine donorum obsequio exhibitionem justitiae obtinere . forma autem provisa haec est : petimus in primis ab omnibus ecclesiis cathedralibus , duas nobis praebendas exhiberi , unam de portione episcopi , et alteram de capitulo . et similiter de coenobiis , ubi diversae sunt portiones abbatis et conventus : a conventibus , quantum pertinet ad unum monachum aequali facta distributione bonorum suorum , et ab abbate tantundem . ( all these ( if granted ) must certainly be sold by the pope , to those who would give most money for them to him , ( which was most notorious symoney ) or else the pope and his successors must receive the annual profits of them , without performing any divine service to god or the church for them , contrary to all rules of piety , equity , justice , beneficium propter officium , being the very dictate of nature , as well as law. ) his in hunc modum propositis , persuasit ex parte domini papae magister otto , ut consentirent praelati , allegans supradicta commoda , quae in literis continentur . haec autem omnia audientes episcopi , & ecclesiarum praelati , qui personaliter interfuerunt , divertentes seorsum ad colloquendum , cum super rebus propositis diutius deliberassent , responsum suum in ore magistri johannis bedefordensis archidiaconi communiter posuerunt . qui veniens in praesentia magistri ottonis , per haec verba respondit : domine , ista quae nobis proponitis , regem angliae specialiter tangunt , generaliter vero omnes ecclesiarum patronos regni : tangunt archiepiscopos , et eorum suffraganeos , nec non innumeros angliae praelatos . cum ergo rex propter infirmitatem , et archiepiscopi nonnulli et episcopi , et alii ecclesiarum praelati sunt absentes , in eorum absentia vobis respondere non possumus , nec debemus : quia si id facere praesumeremus , in praejudicium omnium absentium fieret praelatorum . et his dictis , venit johannes mareschallus , et alii nuntii regis , ad omnes praelatos , qui de rege baronias tenebant in capite , destinati : districte inhibentes , ne laicum feudum suum romanae ecclesiae obligarent , unde a servitio sibi debito privaretur . ( a just and prudent action in the king , to preserve the old rights of his crown , kingdom , against all papal and prelatical usarpations . ) haec autem cum magister otto intellexisset , statuit his qui aderant diem ibi in media quadragesima , dum ipse procuraret regis adventum & absentium praelatorum , ut tunc negotium sortiretur effectum . sed illi absque regis et aliorum , qui absentes erant , assensu , praefixum diem admittere noluerunt : unde singuli ad propria sunt reversi . and so by delayes defeated this papal design in england . the like proposals the pope by his legate made to the king and bishops of france , at the same time , thus related by mat. paris , and pertinent to our history . hoc eodem tempore venit magister romanus ad partes gallicanas , a domino papa missus ut ibi legationis officio fungeretur . quo cum pervenisset , fecit convocare regem francorum , cum archiepiscopis , episcopis , & clero gallicano ad concilium , cum comite tholosano ; pro quo specialiter ad partes illas missus fuerat , sicut sequens relatio declarabit . convenerunt igitur ad bituricam civitatem ad concilium , lugdunensis , remensis , rothomagensis , thuronensis , bithuricensis , anxianensis archiepiscopi : burdegalensis vero romae fuit , & narbonensis ecclesia vacabat . convenerunt igitur novem provinciarum , suffraganei circiter centum , cum abbatibus , & prioribus , & singulorum procuratoribus capitulorum , mandatum summi pontificis audituri . sed quoniam lugdunensis archiepiscopus vendicabat sibi primatiam super archiepiscopum senonensem , & rothomagensis super bithuricensem , anxianensem , narbonensem , & eorum suffraganeos ; timebatur de discordia , & ideo non fuit sessum ut in concilio , sed quasi in concilio . quibus sedentibus , & lectis in publico legationis literis , ( to divert them from this businesse ) apparuerunt comes tholosanus ex una parte , & simon de monte forti ex altera ; qui petiit sibi restitui terram reimundi comitis tholosani , quam dominus papa & rex francorum philippus sibi & patri suo contulerunt , exhibens supra donatione facta utriusque , papae scilicet & regis , munimenta . cumque hinc inde fuisset plurimum altercatum ; ( about this private businesse ) praecepit archiepiscopis singulis legatus tunc praesentibus , ut convocatis seorsum unusquisque suffraganeis , cum eis deliberarent super negotio praefato , & traderent legato consilium suum redactum in scripto . quo facto , legatus excommunicavit omnes qui super hoc sua consilia revelarent ; dicens se ea velle domino papae significare , & francorum regiostendere . post haec , legatus dedit in dolo procuratoribus capitulorum licentiam ad propria revertendi , retentis tantum archiepiscopis , episcopis , & abbatibus , & simplicibus praelatis . unde non immerito timuerunt , ne procurata eorum absentia , qui majoris prudentiae erant & experientiae , prae multitudine potentiores ad contradicendum , aliquid statueretur in praejudicium absentium praelatorum . quocirca dicti procuratores , post deliberationem diutinam , miserunt ad legatum procuratores metropolitanarum ecclesiarum , qui coram eo sic allegaverunt : domine , audivimus quod habetis literas speciales a curia romana , de exhibendis praebendis in omnibus ecclesiis conventualibus , sive cathedralibus . quocirca multum miramur , quod non in hoc concilio proposuistis eas nobis audientibus , quos specialiter tangunt . unde rogamus in domino , ne istud scandalum oriatur per vos in ecclesia gallicana , scientes quod sine maximo scandalo et inaestimabili damno , non posset hic ad effectum perduci . quia esto quod aliquis assentiret , nullus esset ejus assensus in rebus quae omnes tangunt , cum fere omnes majores , et generaliter omnes subditi , necnon et ipse rex , et omnes principes parati sunt contradicere , et resistere usque ad capitis expositionem , et omnis honoris privationem , praesertim cum videatur imminere propter hoc scandalum , subversio regni et ecclesiae generalis . ratio autem nostri timoris est , quod cum caeteris regnis non habuistis sermonem ; et quibusdam episcopis praecepistis et abbatibus , ut cum praebendae vacaverint , ad opus domini papae reservarent . his auditis , cum niteretur legatus persuadere ut omnes consentirent , ostendit tunc primo domini papae authenticum , in quo exegit a singulis ecclesiis cathedralibus duas praedendas , unam a capitulo , et alteram ab episcopo . et in coenobiis similiter , ubi sunt diversae portiones , abbatis scilicet et conventus , duas exegit praebendas , unam ab abbate , et aliam a conventu ; aequali facta distributione bonorum suorum a conventibus , quantum pertinet ad unum monachum , ( sicut ipse interpretatus fuerat legatus ) et ab abbate tantundem . tunc allegavit commoda , quae possent inde provenire , illud videlicet , quod amoveretur scandalum a romana ecclesia , quae mater est omnium ecclesiarum , concupiscentia scilicet , quae radir est omnium malorum , cum nullus pro aliquo negotio in curia romana faciendo aliquid offerret , vel aliquis oblata reciperet . ( a very prevailing argument to redeem , expiate one symoney and extortion , by and with another : ) to which this memorable answer was returned . ad hoc respondit procurator archiepiscopi lugdunensis . domine , nullo modo volumus esse sine amicis in curia , & largitate donorum . alii aeque sua incommoda allegabant , damna scilicet rerum , consiliorum , auxiliorum , obsequiorum , in hunc modum : erit enim in qualibet diocaesi , vel ad minus in provincia , nuntius unus continuus , procurator romanus ; qui non vivet de proprio , sed graves exactiones & procurationes exiget ab ecclesiis majoribus , & forte minoribus ; ut nullus remaneat impunitus , nomenque procuratoris habens , legati officio fungetur . item dixerunt , imminere turbationes capitulorum , forte enim demandaret dominus papa , cum vellet , procuratori suo , vel alii , ut vice sua interesset electionibus , qui eas turbaret . et sic lapso tempore devolveretur electio ad curiam romanam , quae in omnibus vel pluribus ecclesiis romanos poneret , vel tales qui eis plurimum essent devoti . et sic nullae essent partes indigenarum praelatorum vel principum , cum multi sint viri ecclesiastici , qui potius curiae romanae , quam regi vel regno providerent . item addiderunt , quod si proportionaliter fieret bonorum distributio , omnes in curia fierent divites , cum multo plus essent recepturi , quam rex proprius . et sic majores non solum divites , sed et ditissimi fierent . cum igitur vermis divitum sit superbia , majores vix causas audirent , sed eas in immensum differrent , & minores scriberent inviti : cujus rei experimentum in evidenti est , quia & modo negotia protrahunt , etiam post percepta obsequia , & securitate percipiendi ; & sic periclitaretur justitia , & opporteret conquerentes mori in januis romanorum , tunc plenissime dominantium . item , cum vix possibile sit fontem cupiditatis desiccari ; quod nunc faciunt per se , tunc facerent per alios , & suis multo majora quam nunc dari munera procurarent ; modica enim nulla sunt , in conspectu divitum cupidorum . item , multae divitiae facerent romanos insanire , & sic inter diversas parentelas tantae orirentur seditiones , quod posset timeri totius excidium civitatis , cujus etiam & modo penitus expers non est . item dixerunt , quod licet se obligarent qui modo praesentes sunt , id non susciperent eorum successores ; nec illam obligationem ratam haberent . novissime autem , sic negotium concluserunt : domine , moveat vos zelus universalis ecclesiae , et sanctae sedis romanae ; quia si omnium esset universalis oppressio , posset timeri ne immineret generalis discessio , quod deus avertat . his auditis , respondit legatus ( ut videbatur , plurimum commotus in his omnibus ) se cum esset in curia nunquam huic exactioni consensisse ; & ipsum literas accepisse , postquam galliam fuerat ingressus , & se multum super haec doluisse . addidit etiam , super haec quicquid praecepit , tali conditione , licet tacita , intellexisse , si imperium & alia regna consentirent . adjunxit insuper , se nihil amplius super haec attentaturum , donec per regna alia praelati consenserint , quod credidit provenire non posse . the greatest votaries to the pope , court and church of rome , who shall seriously consider the premises , must needs ( if they have any sparks of christianity , ingenuity , or common honesty remaining in their breasts ) abominate these papal demands , as most impious , and scandalous to christian religion . whiles these things were acted in france , otto pursuing his rapines in england , by exacting procurations from the clergy , was by the archbishops means suddenly recalled thence by the pope , to his great discontent , and the prosecuting the popes former proposals committed to his trust , committed to the archbishop ; thus related by our historian . eodem anno , cum magister o●to domini papae nuntius , tempore quadragesimali ad northanhumbriam profecturus , & procurationes desideratas exacturus ; northamptonam usque pervenisset , venerunt ad eum ( cantuariensi archiepiscopo procurante ) literae domini papae , in quibus continebatur expressum , ut statim visis literis romam veniret , ejus potestate penitus enervata . obliquo igitur oculo literis inspectis , demisso vultu * eas projecet in ignem . atque illico proposito mutato , clitellis vacuis ab anglia recessit confusus , injuncto stephano cantuariensi archiepiscopo , sicut erat in literis domini papae expressum ; ut convocatis rege et omnibus angliae praelatis , responsum eorum super negotio , pro quo idem otto missus fuerat , domina papae transmittere non omittat . magistro igitur ottone angliam a tergo salutante , stephanus cantuariensis archiepiscopus , vocatis ad concilium cunctis apud westmonasterium , post pascha , quos negotium tangebat , recitari fecit literas supradictas , de beneficiis romanae ecclesiae conferendis , coram rege & praelatis angliae , qui ad ejus vocationem plene convenerant . sed illis auditis , ac diligenter intellectis , singuli singulos ad visum monebant super concupiscentia romanorum ; qui illud morale non intelligunt , videlicet , quod virtus reddit , non copia , sufficientem ; et non paupertas , sed mentis hiatus egentem . tunc rex , convocatis seorsum praelatis & quibusdam magnatibus , hoc archiepiscopo dedit responsum : ista quae suadet nobis dominus papa , universam christianitatis latitudinem respiciunt : et quia nos quasi in extremis orbis constituti sumus partibus , cum viderimus qualiter caetera regna erga tales se habuerint exactiones , dominus papa , cum ab aliis regnis habuerimus exemplum in obsequiis , nos inveniet promptiores . et his dictis , concessa est omnibus licentia recedendi . this was the issue of this papal design , which miscarried both in england and elsewhere . king henry to prevent the usurpations of the archbishops and bishops of ireland upon the rights of his crown , in conferring prebendaries belonging to the king , issued this inhibition to them . rex omnibus archiepiscopis & episcopis in hibernia constitutis , salutem . mandamus vobis quod nihil attemptetis in praejudicium dignitatis nostrae circa collationes praebendarum ecclesiarum quae ad nos pertinent in hibernia , sedibus ibidem vacantibus . tantum inde facientes ne oporteat nos manum ad hoc apponere . in cujus , &c. teste rege apud westmonasterium , quarto die julii . in his conge desliers to deans and chapters in ireland , to elect their bishops , he did by his supream ecclesiastical prerogative , restrain them from electing any irish , ( they being for the most part treacherous to the king , and injurious to the rights of his crown ) but only englishmen , as this short record demonstrates . decanus & capitulum clovens . habent licentiam eligendi , dum tamen talem eligant , qui anglicus sit . teste ipso r. apud brugg . xxxi . die augusti , anno , &c. decimo . this year pope honorius the d. sent this memorable bull to geoffry de lizimaco , the kings sworn vassal , absolutely subverting all papal dispensations , with subjects just oathes to their soveraigns . honorius episcopus servus servorum dei , dilecto filio nobili viro galfrido de lizimaco , salutem & apostolicam benedictionem . fidelitatis vinculum quo vassallus tenetur domino , est adeo celebre apud omnes , ut etiam religione iuramenti , qua vallari assolet circumscripta , ipsum per se vinculum quasi pro sacro , ubique terrarum et gentium habeatur , nec extimetur levem notam incurrere , quicunque aliis extiterit violator ; unde qui veteres revolvere volet * istorias , inveniet multos pro illo servando inhumanis cibis , urgente obsidionis angustia , esse usos , et illis quoque deticientibus elegisse , potius fame deficere , quam ipsum fidelitatis vinculum violare . ( how then can popes dispense with such oathes , and absolve subjects from them , as pope innocent and others have done ? ) tu vero ( sicut charissimo in christo filio nostro henrico illustri rege anglorum conquerente didicimus ) haec nequaquam prout te decuisset attendens , fidelitatem qua ipse regi tenebaris astrictus , & adhuc quoque teneris , cum ab ea , ut creditur , te nequaquam absolveret nulla famis , nulla obsidionis coactus angustia , violasti , contra iuramentum quo te ad illam servandam astrixeras , famae ac salutis tuae prodigus veniendo . cum igitur totiens pecces quotiens facis contra fidelitatis iuramentum ( tuum ) dicto regi nos qui ex debito pastoralis officii tenemur deo de anima tua reddere ( rationem ) tam manifestum ipsius animae tuae periculum fine nostro dissimulare periculo non valentes , prudentiam tuam sollicitandam duximus et monendam , per apostolica tibi scripta firmiter injungendo mandantes , quatenus famae tuae providens , et saluti , ad fidelitatem ipsius regis occasione ac excusatione cessantibus , redeas , ut teneris , servesque sibi inviolabiliter praestitum iuramentum , iuramento contrario non obstante , si quod forsitan praestitisti , cum illicitum fuerit , et ideo non servandum ; salubres monitiones nostras taliter auditurus , quod reconciliatus terreno , coelesti quoque reconciliari domino merearis . sciens nos venerabilibus fratribus nostris aquen . & vacaten . episcopis , & dilecto filio arc. dec. vasaten . per nostras literas mandavisse , ut nisi curaveris infra mensem post receptionem praesentium nostrum in hoc adimplere mandatum , ipsi te ad id per censuram ecclesiasticam , sublato appellationis impedimento compellant . tuergo , sicut vir providus , potius eligas errorem tuum humiliter satisficiendo corrigere , quam illi pertinaciter insistendo , inducere temetipsum in ejus necessitatis articulum de quo non facile te valeas expedire . dat. reat . quint. idus januarii . pontificatus nostri anno decimo . the consideration of this bull ( the original whereof i found buried in rubbish in the white tower ) may for ever refute the impiety and presumption of popes absolving subjects from their oath of allegiance to their soveraigns , and discovers the nullity , impiety , and absurdity of such absolutions . the same year , the pope by his legate and instruments published a crossado in france , against the earl of tholouse , and albigenses , contrary to all rules of justice , equity , christianity , & thereupon inhibited the king of england to invade the french kings territories , whiles imployed in this war : thus related by matthew paris . per idem tempus facta est praedicatio in partibus gallicanis a legato romano generaliter , ut omnes qui possent arma movere , se cruce signarent super comitem ●holosanum & populum ejus , qui omnes haeretica foeditate dicebantur infecti . ad ejus quoque praedicationem , multitudo maxima praelatorum & laicorum crucis signaculum susceperunt , plus metu regis francorum , vel favore legati , quam zelo justitiae inducti . uidebatur enim multis abusio , ut hominem fidelem christianum infestarent : praecipue cum constaret cunctis , eum in concilio , nuper apud civitatem bituricam habito , multis precibus persuasisse legato , ut veniret ad singulas terrae suae civitates , inquirens a singulis articulos fidei : et si quempiam contra fidem inveniret sentientem catholicam , ipse secundum judicium sanctae ecclesiae , justitiae ex eis plenitudinem exhiberet . et si civitatem aliquam inveniret rebellem , ipse pro posse suo eam cum habitatoribus suis ad satisfactionem compelleret . pro se ipso autem obtulit , si in aliquo deliquit , ( quod se fecisse non recoluit ) plenam deo et sanctae ecclesiae satisfactionem , ut fidelis christianus ; et si legatus vellet , etiam fidei examen subiret . haec quoque omnia legatus contempsit , nec potuit comes catholicus gratiam invenire , nisi pro se et haeredibus suis , haereditatem suam deferens , abjuraret . ( such was this popes and his legates tyranny , injustice , cruelty in this age and case . ) rex vero francorum ad ejusdem legati exhortationem cruce signatus , noluit expeditionem bellicam promovere , nisi literis prius a domino papa impetratis ad regem anglorum inhibitoriis , ne sub poena excommunicationis regem francorum inquietaret , vel arma contra eum moveret de aliqua terra quam in praesenti possidebat , sive juste , sive injuste ; dum idem rex esset in servitio suo , et ecclesiae romanae , ad exterminandum haereticos albigenses , et eorum fautorem et complicem comitem tholosanum : sed eidem regi , ad exaltationem fidei , consilium et auxilium impendere non tardaret . et his ita gestis , rex francorum lodovicus & legatus , omnibus cruce signatis , diem statuerunt peremptorium , ut in ascensione domini apud lugdunum , cum equis & armis , sub poena excommunicationis , venirent ; ipsos ad expeditionem propositam sequuturi . in the mean time the pope by his tyrannical usurped power , sent prohibitory letters to the king of england , to stop his intended military voyage into france , to recover his just rights : whereupon , rex anglorum interea , qui ardenti desiderio sitiebat ad partes transmarinas hostiliter transfretare ; convocatis consiliariis suis , fecit recitari literas sibi a domino papa transmissas , quaerens ab eis consilium , quid super tali inhibitione sibi foret agendum ? placuit itaque praelatis et magnatibus universis , ut differretur negotium desideratum , donec constaret de rege francorum , qui tam difficile opus et propositum habebat , adeoque sumptuosum , quem res esset exitum habitura . such an awfull power had the pope then encroached over the king , bishops , and nobles of the realm , that they durst not incurre his displeasure , by disobeying his inhibition , though never so illegal and unjust . richard de marisco , bishop of durham , dying suddenly at peterborough abby , as he was posting to london with a great troop of lawyers , to prosecute his suits against the monks of durham ; thereupon they bestowed this epitaph upon him , worthy all ambitious prelates consideration . culmina qui cupi tis , laudes pompasque siti tis . est sedata si   si me pensare veli   qui populos regi   memores super omnia si   quod mors immi   non parcit honore poti   vobis praeposi   similis fueram , benè sci   quod sum vos eri   ad me currendo veni   the monks out of their malice to him and king john , feigned this monkish vision , concerning both their torments in hell , for oppressing the * cistercians , and taking their wools from them by this bishops advice , which i shall here insert , because it hath relation to king johns death , poysoned by a monk of this order . de hoc quoque episcopo non credimus fore tacendum , quod circa biennium ante mortem ejus , rex quondam anglorum johannes apparuit in visione nocturna cuidam monacho de sancto albano , apud thinemuam tunc commoranti : qui familiaris fuerat regibus anglorum , tam regi richardo , quam huic johanni ; ita quod in eorum negotiis exequendis aliquando romam , aliquando in scotiam , & ad alia loca plurima missus , propensioribus sibi studiis eorundem regum gratiam comparavit , cujus nomen fuit reimundus , quondam prior ecclesiae sancti albani . monacho itaque in lecto quiescente , astitit ei rex praefatus in vestibus regalibus , de panno videlicet qui imperialis vulgariter appellatur . quem monachus recognoscens , ac memoriter recolens , quod mortuus fuisset , sciscitabatur ab eo , qualiter se haberet . cui rex : ita me hab●o , quod nemo pejus . nam haec mea quae vides indumenta , adeò ardentia sunt & ponderosa , ut nullus qui in saeculo vivit , illa tangere sufficer●t prae ardore , vel propter ponderositatem portare , quin protinus moreretur . sed tamen per dei clementiam spero , & gratiam ineffabilem , & filii mei henrici largam eleemosynarum distributionem , necnon servitii divini honorem , quem domino devotus impendit , me quandoque misericordiam adepturum . quaeso igitur obnixius fraternitatem tuam , ut dicas richardo de marisco , nunc dunelmensi episcopo , quod nisi ante mortem suam correxerit flagitiosam vitam , & eam per poenitentiam & satisfactionem condignam emendaverit : sedes ejus , quae in inferno est , eum expectat praeparata . et si his dictis tuis , & mandatis meis fidem adhihere contempserit , per haec intersignia omnem deponat ambiguitatem : quod dum soli essemus in loco illo sibi notissimo dedit mihi consilium , tam mihi , quam sibi nimis damnosum , ut videlicet a monachis * cisterciensis ordinis auferrem lanam suam unius anni , & quod multa alia dedit mihi consilia iniqua , pro quibus nunc perfero inen●rrabilia , quae etiam & illi debentur tormenta . quod si adhuc dubitaverit credere mandatis meis , recolat quod in illo loco , & hora eadem , dedit mihi unum lapidem pretiosum , quem pro ingenti pecunia comparavit . et his dictis , rex disparuit , & monachus expergefactus evigilavit . upon his decease , there grew as great a difference between king henry the d. and the monks of durham , about the election of a successor , the king recommending one , and they electing another , as there was between king john and them , about the * election of this richard ; thus related by matthew paris , and godwin . defuncto itaque richardo dunelmensi episcopo , prior et conventus , cum a rege peterent licentiam eligendi pastorem , rex obtulit eis lucam capellanum suum : multa rogans supplicatione , ut illum reciperent in pastorem . monachi vero ad hoc responderunt , quod nullum reciperent , nisi canonica electione praemissa . rex autem e contra cum iuramento affirmavit , ipsos futuros per septennium sine episcopo , nisi praefatum lucam admitterent ad pontificatus honorem . conventus vero illum ad tantam dignitatem indignum judicantes , de communi consensu fratrum elegerunt magistrum willielmum clericum suum , virum literatum , et honestum , wygorniensem archidiaconum , et ipsum regi praesentaverunt . quem cum rex objectis quibusdam frivolis exceptionibus , recusasset ; monachi quosdam de conventu romam miserunt , ut electionem factam authoritate apostolica confirmarent . rex autem , cum talia cognovisset , misit romam contra monachos , episcopum scilicet cestrensem , et lentoniae priorem , ut eorundem monachorum propositum irritum facerent : et sic diu illis altercantibus , negotium dilationem accepit . i find there was an appeal about this election , pending before the archbishop of york , before whom the king constituted his proctor by this patent . rex , venerabili patri in christo w. eadem gratia eboracensi archiepiscopo , angliae primati , salutem . quoniam prosecutioni negotii electionis factae de magistro w. archidiacono wigorn. in episcopum dunholm . a priore & monachis dunholm ▪ quod coram vobis vertitur inter nos ex una parte , & dictos priorem & monachos , & magistrum w. archidiac . ex altera , personaliter interesse non possumus , dilectum & fidelem nostrum magistrum stephanum de lucy , procuratorem nostrum constituimus , ratum habituri qui●quid in dicto negotio coram vobis mediante justitia duxerit faciendum . teste rege apud westmonasterium , primo die decembris . per justiciarium . the issue of this appeal to rome was this : after two years expensive contests , the monks election of william was cancelled at rome , luke the kings chaplain put by ▪ and richard bishop of salisbury elected bishop by the popes favour , anno . the pope only gaining by such contests . anno domini . the king requiring the fifteenth part of mens goods generally throughout england ; compulsi sunt etiam viri religiosi , & clerici beneficiati , hanc quintam decimam dare omnium bonorum suorum , tam rerum ecclesiasticarum , quam laicarum . nec profuit eis appellatio ad dominum papam interposita . sed ordine turbato , archiepiscopi & episcopi , authoritate papali , per censuram ecclesiasticam , quos laica potestas non potuit ; ad solutionem , omni destitutos solatio , compulerunt : being thus extorted by pretext of the popes * forecited bull. this fifteenth thus extorted perforce , against the wills of the generality of the clergy of england , was made a president for the like ayd in ireland , by virtue of the popes bulls , and this forced extorting it , stiled a free and laudable grant of the english clergy themselves , as this patent assures us . rex abbatibus , prioribus , praelatis , ac rectoribus ecclesiarum in provincia dublin constitutis , salutem . cum dominus papa statu rerum et temporum exigente multiplici nos viderit auxilio indigere , ac propter hoc , tanquam pius pater et providus , auxilium nobis fieri mandaverit de bonis et possessionibus ecclesiasticis , tam in hibernia quam in anglia , ad quod archiepiscopi , episcopi , abbates , et priores , domorum religiosarum magistri per angliam constituti , quintam decimam partem omnium mobilium suorum , et clericus inferior , aestimato ●●●uo valore singularum ecclesiarum suarum , sextam decimum partem inde nobis concesserunt * facile et laudabiliter inducti , liberalitatem vestram rogandam duximus & monendam , quatenus pensatis expensasarum oneribus quibus nos supponere necesse habemus , opportunitate recuperandi jura nostra per mortem regis franciae praeventi , ad impendendum nobis auxilium , saltem quale abbates , priores , ac caeteri praelati & rectores ecclesiarum angliae , nobis liberaliter impenderunt , faciles vos exhibere velitis & benignos , sub tanta liberalitate & festinatione , prout nobis plurimum expedit huic negotio finem debitum quantum in vobis est , imponentes , ut praeter gratiam domini papae , quam-inde merebitur devotio vestra , a regia serenitate futuris temporibus debeatis expectare gratiam & favorem . venerabiles autem patres archiepiscopum dublin . & fernensem episcopum , ut secundum eorum dispositionem colligatur , & reservetur , & per eorum manus nobis exhibeatur dictum auxilium totius hiberniae , & de singulis receptionibus eis ratio reddatur , constituimus loco nostro . ut autem vos & totum hiberniae clerum securos efficiamus & certos , quod non trahetur in consequentiam , vel praejudicium generabit ecclesiasticae ▪ libertati subventionis hujus exhibitio , super hac immunitate vestra & totius hiberniae cleri , literas nostras patentes conceptas in forma qua praelatis & clero angliae literas nostras consimiles dedimus , venerabili patri dublinensi archiepiscopo & suffraganeis suis duximus transmittendas . teste rege apud westmonasterium . die decembris . eodem modo scribitur abbatibus , &c. in provincia cassell . constitutis , abbatibus , &c. in provincia armacan . abbatibus , &c. in provincia tuamensi constitutis . the like patents issued to all the archbishops of ireland concerning this ayde . rex archiepiscopo dublinensi & episcopo fernensi salutem . de fide & diligentia vestra praecipuam gerentes fiduciam , constituimus vos & rogamus vos ad hoc velle constitui , ut secundum dispositionem vestram colligatur , & reservetur , & per manus vestras nobis exhibeatur impendendum nobis a praelatis & clero hiberniae subsidium totius hiberniae , & de singulis receptionibus vobis ratio reddatur . ad quod juxta fiduciam quam de vobis gerimus , vigilantes vos exhibere & sollicitos ut ( propter ) executionem hujus negotii si d●bite facta fuerit & mature , vestrae debeamns assurgere dilgentiae cum condignae vicissitudinis promptitudine & speciali gratiarum actione . teste rege apud westmonasterium . die decembris . rex cassall . archiepiscopo salutem . rogamus vos attentius quatenus certo die quem vobis scire facient venerabiles patres h. dublinensis , & j. fernensis episcopus , conveniatis apud dublin ad audiendum * mandatum domini papae , et petitionem nostram , quam nobis facimus super eodem mandato de competent● auxilio nobis a clero terrae nostrae hiberniae faciendo , ad pacis terrae nostrae conservationem , et haereditatis nostrae in partibus transmarinis recuperationem . teste ut supra . eodem modo scribitur tuamensi & armacano archiepiscopis . how backward they were to levy this ayde notwithstanding these patents , and letters you shall hear anon . the archbishops and clergy of ireland , having much encroached upon the kings prerogative , in electing , admitting , and consecrating bishops and abbots , upon vacances , without the kings precedent license and approbation , thereupon the king to prevent this growing vsurpation ( least it should by connivance and custom be challenged as a right ) issued forth this memorable writ of prohibition to all the archbishops of ireland . rex dublinensi archiepiscopo salutem . mandamus vobis firmiter in●ungentes , quatenus cum ecclesiam cathedralem vacare contigerit in diocesi vestra quae sit de advocatione nostra , millatenus personam aliquam ad dictas dignitates vacantes admittatis , donec vobis per literas nostras patentes constiterit eos quorum interest eligere a nobis licentiam eligendi postulasse , et eam obtinuisse a nobis , et nos postmodum in electum eorum affensum regium praebuisse . teste meipso apud westmonasterium octavo die decembris . eodem modo scribitur armac . archiepiscopo , tuamens . & cassal . archiepiscopis . teste ut supra . this year the archbishop of canterbury , ( encouraged by a * former president ) without the popes order , by his own authority , granted a license for the kings justices itinerant , to take oathes and hold pleas in some cases in advent and lent , upon the kings leters patents to him , that it should not turn to his prejudice , which not extending to the archbishop of york , the king endeavored to gaine the same license from him upon like terms , as this record informs us . rex m. de pateshull , & sociis suis justicariis ●tineraturis in comitatibus eborum , lanc. westmest . northumberl . & cumberl . salutem . sciatis , quod venerabilis pater s. cantuariensis archiepiscopus concessit , quod juramenta praestentur coram justiciariis nostris itinerantibus , ab instanti adventu domini , usque ad vigiliam sancti thomae apostoli , & a principio septuag . usque ad dominicam qua cantatur . isti sunt dies ; videlicet in assisis ultimae praesentationis , de morte antecessorum , novae diss . de magna assisa , & de inquisitionibus quae emergent , de terris , sicut plenius vobis constabit ex inspectione literarum domini cant. quas inde vobis mittimus . rogavimus autem venerabilem patrem w. eborum archiepiscopum , per literas nostras , quas vobis mittimus ei porrigendas , quatenus concedens juramenta in consimilibus causis praestari infra praecinctum suum usque ad praefat●m terminum , literas suas patentes consimiles literis domini cant. vobis inde habere faciat : ut autem liberius & facilius hoc velit facere , mittimus ei literas nostras patentes quas fieri fecimus domino cantuariensi ; protestantes , quod post terminum praefatum concessio praedicta ab eo nobis facta non poterit trahi in consequentiam . vobis igitur mandamus , quod cum praedictus archiepiscopus hoc nobis concesserit , & literas suas patentes nobis habere fecerit itiner . justiciar . nostris in dictis com. qui subsunt jurisdictioni praedict . cant. archiepiscopi usque , ad praefatum terminum , si opus fuerit continuetis sollicitudine & prudentia folita , quod non dubitamus vos esse facturos , negotiis nostris expediendis ad commodum & honorem nostrum intendentes . teste meipso apud west monasterium tertio die novembris . the king of france , by reason of the differences with king henry , interrupted the free passage and return of his messengers to and from rome , which pope gregory the th . ( then newly elected pope ) like * his predecessor by this bull ( extant under his seal ) directed to the french bishops , endeavoured to remove , as very prejudicial to his see , by their mediation to the french king. gregorivs episcopus servus servorum dei , venerabilibus fratribus atrebaten . & ambranen . episcopis salutem & apostolicam benedictionem . cum ecclesia romana sit mater omnium christi fidelium generalis , cunctis ad eam liber & securus esse debet accessus , quia si non permitteretur a filiis visitari , licet alii graviter laederentur , totaliter tamen in eam injuria redundaret . unde licet inter charissimos in christo filios nostros , francorum & h. anglorum reges illustres , inimico super seminante zizania , materia videatur discordiae pullulare , nequaquam tamen nuntios dicti regis anglorum vel alios anglicos ad sedem apostolicam venientes , vel redeuntes ab eo , memoratus francorum rex praepedire debet , aut pati etiam ab aliis praepediri , si a nostri vult injuria , sicut convenit , abstinere ; praesertim cum in omnes illos qui accedentes ad sedem apostolicam , vel recedentes ab ea capere vel spoliare praesumpserint , lata sit excommunicationis sententia generalis . quare vos eundem regem per literas nostras rogavimus , mounimus , & hortati sumus attente , ut prudenter attendens , quod non expedit ut illius occasione vos provocet : nuntios ejusdem regis anglorum , & quoslibet alios anglicos per regnum franciae ad sedem apostolicam accedere , vel ab ipsa recedere libere ac secure permittat , ita quod ipsius cognoscentes devotionis affectum , grata sibi ex hoc debeamus vicissitudini respondere . quocirca fraternitati vestrae per apostolica scripta mandamus , quatenus ipsum ad id moveatis attentius & efficaciter inducatis . dat lateran . . ids. maii pontificatus nostri primo . the leaden bull hereto affixed hath this inscription ; gregorius papa nonus . pope gregory the . newly settled in his see , to promote his antichristian malicious designs against the emperour fredrick , under a sacred pretence of zeal to rescue the holy land from the saracens ; set his instruments on work in all places to perswade all sorts of people to take the crosse upon them for this holy war , thus related by our historians . eodem anno , in fine mensis junii , facta est motio magna in opus crucis perorbem universum cruce signatorum , quae adeo fuit numerosa , ut ex solo anglorum regno plusquam sexaginta millia proborum hominum , praeter senes et mulieres , profecti referantur . hoc enim professus est magister hubertus , unus ex praedicatoribus in anglia ; asserens veraciter tot in suo rotulo conscripsisse . qui omnes , & praecipue pauperes in quibus voluntas divina quiescere solet , & negotium crucis magis prosperari , cum tanta devotione opus crucis assumpserunt , ut sibi inde proculdubio tonantis favorem acquirerent , quod signis constrat evidentibus declaratum . the multitude and proceedings of those who crossed themselves for this war , out of a blind zeal , are at large recited in this popes own bull , directed this year , omnibus christi fidelibus , ( recited at large in matthew paris ) wherein there is this memorable passage , that the pope engaged these his votaries to break off the truce that the christians had made with the sarazens , and ratified with an oath , two years before its expiration , contrary the judgement of the duke of lemburge , ( whom the emperour appointed general of the army ) and some of his council , who upon advise had , resolved , quod treugam periculosum esset infringere , et cum fuisset iuramento firmata , penitus inhonestum . to which was answered , quod dominus papa excommunicaverat omnes cruce signatos , qui in isto passagio non transirent , qui sciebat adhuc treugam per biennium duraturam , & per hoc intelligebant , quod non volebat treugam observari : upon which ground they violated it , to the great scandal of christianity , and damage of the christians , whom he excited with all possible speed to hasten to jerusalem , concluding his bull thus : clamat autem ad singulos christi * sanguis de terra , supplicat p●●vus & humilis exercitus , sed devotus , sibi celeriter subveniri : sperans in domino , & confidens , quod negotium humiliter inchoatum , debeat ipso concedente ●oeliciter terminari . vniversi igitur et singuli , qui christum induistis per fidem , viriliter accingimini ad terrae sanctae succursum ; cum hic causa communis agatur ▪ vestrae sci●icet fidei , ac totius fidei christianae : nos enim promotioni hujus negotii , provisore domino & auctore , non cessamus intendere : sperantes fiducialiter , quod in manibus fidelium , fideliter perseverantium , res debeat prosperari . data laterani , x. calendas januarii , pontificatus nostri anno primo . the pope in pursuance of this design , enjoyned the emperour frederick the d. and others who had crossed themselves , by a set day to begin their passage to the holy land , under pain of excommunication ; in obedience whereunto , the emperour to perform his vow , set sail with a small retinue toward the land of promise , but after . dayes sail , falling sick by the distemper of the sea , and corruption of the air , he turned his sails , and landed at a designed haven , as if he would return ; which those who passed over before him , and hoped to have him their general , hearing of , animo nimis consternati , in eisdem navibus quibus venerant , plusquam xl . armatoram millia sunt reversi . quod factum imperatoris damnose nimis redundavit in dedecus & in praejudicium totius negotii crucifixi . hereupon this pope ( discovering the real design of this crossado to be only to affront and trample upon the emperour , and all other christian princes , who disobeyed his papal edicts ) excommunicated the emperour for his pretended contempt , and sent abroad letters of this his excommunication , to be published in all parts , every lords-day and holy-day , but more especially in england , to his great defamation ; as this his antimonarchical , antichristian bull , sent from rome to the archbishop of canterbury , ( the original whereof i found in the white tower ) not extant in any writers i have seen , will at large demonstrate , being worthy the knowledge , consideration of all christian princes . gregorivs episcopus servus servorum dei , venerabilibus fratribus archiepiscopo cantuariensi sanctae romanae ecclesiae cardinali , & suffraganeis ejus salutem & apostolicam benedictionem . quanto nobilius membrum in ecclesiae corpore laeditur , tanto acrioribus doloribus cruciamur , qui cephae locum , licet insufficientibus meritis , obtinemus ; verùm quia tectum vulnus si dimittatur in actum , solet in scandalum corporis latius evagari , nos olim viso quod f. romanorum mperator salutem propriam neglibebat , dum●falubre votum quod domino deo voverat additis juramentis detrectabat exolvere , non sine * detrimento fidei & gravi scandalo totius populi christiani , qui juxta sapientiae edictum , vulnera dum sanas dolor est medicina doloris , medicinalem petri gladium in eum exacuimus spiritu lenitatis , excommunicationis sententiam publicando , quam ipse in se voluntarius fecerat promulgari , nisi statuto termino transfretaret in terrae sanctae subsidium , et alia promissa fideliter adimpleret , sperantes ut percussus dolens , ad percutientem se in humilitate rediret , domino exercituum requirendo ; sed quod dolentes referimus , indurato corde medicinam exhorrens et increpationem abhominans , disciplinae immo malleum velut stipulam reputans , non solum nulla paenitudine se correxit , verum etiam adjciens peccata peccatis , contra se dominum prediciter irritare ultra quam recensere nos deceat , ne videamur in ejus convitiis delectari , qui conversionem ejus desiderabiliter expectamus . inter alia namque claves contempnens ecclesiae , quibus dominus beato petro et successoribus suis ligandi et solvendi contulit potestatem , sibi facit celebrari , vel potius quantum in ipso est prophanari divina enormius , in animae suae periculum et enervationem totius ecclesiasticae disciplinae : unde timentes ne plaga ejus fieret penitus desperabilis si male permitteremus obduci , neglecto vulneri cicatricem , & eo insanabile quo insensibile redderet malignia , studuimus apponere sanativum . ut nam studium nostrum oblatum habuisset effectum . cum enim piae recordationis h. papa predecessor per bonae memoriae tusculanens . & sabinen ▪ episcopos & roffridum clericum camerae nostrae & dilectos filios g. notarium nostrum & abbatem sancti martini viterbien . & cicestrien . ordinis eum imperatorem diversis temporibus super diversis articulis , in quibus deum & ecclesiam graviter offendebat , diligenter commoveri fecisset . nos adhuc humiliantes cum authoritatis ecclesiae ad praesentiam ejus dilectos filios nostros , titulo sancti sabini praesbyterum & sancti nichol. in carcere tullian . decan . card. curavimus destinari , nt eum super praemissis & subsequentibus vice nostra salubriter commoveret , qui licet de contingentibus nihil omiserit , nequaquam tamen eum potuerunt ad poenitentiam revocare , utinam ad nequiora nequaquam manus illicitas extendisset . quare ne videremur deferre * homini contra deum , ecce iustitiam in judicium convertentes , in proximo praeterito festo coenae dominicae in praedictum imperatorem excommunicationis sententiam duximus sollempniter promulgandam ; tum pro eo quod , ut praemissum est , non transfretavit in subsidium terrae sanctae , nec promissum numerum militum in expensis suis tenet vel transmisit , nec pecuniam quam promiserat destinavit ; tum quia venerabilem fratrem nostrum , taraten . archiepiscopum ad sedem propriam accedere non permittens , eum populum suum non patitur visitare , tum etiam quia templarios hospitalarios bonis mobilibus , immobilibus , quae habebant in regno , temere spoliavit , & quia compositionem factam inter ipsum & comites celanen . & rainaldum de aversa , pro cujus observatione romanae ecclesiae ad precum ejus instantium fide jussit , servare contemnit . et quia comitem rogerum cruce signatum sub apostolicae sedis protectione receptum , comitatu , & aliis terris indebite spoliavit , & filium ejus in captivitate detentum , ad mandatum apostolicum saepius iteratum reddere denegavit : adjecimus quoque ut loca quaelibet ad quae ipse perveniret ecclesiastico subjaceant interdicto , ut quam diu praesens fuerit ibidem nulla divina officia celebrentur , officio beneficioque privantes omnes cujuscunque professionis vel ordinis , qui ei postquam denunciatus fuit excommunicatus a nobis , divina ausu temerario celebrarant , vel antequam ad mandatum ecclesiae redeat , de caetero celebrabunt , ( o the atheistical impiety of popes thus to rob god and man of divine service , sacraments , out of meer pretended contempts against their unjust commands , wills ! ) illud quoque non duximus omittendum , quod si de caetero se officiis divinis ingesserit , contra eum , tanquam contra haereticum , et clavium ecclesiae contemptorem severitate debita procedamus . et si ab ecclesiarum , et ecclesiasticarum personarum oppressionibus non destiterit , aut non cessaverit a conculcatione ecclesiasticae libertatis , vel excommunicatione contempta redire non curaverit ad mandatum ecclesiae , omnes qui sunt ei iuramento fidelitatis astricti , et specialiter homines regni , iuramento quo sibi tenentur absolvemus et denunciabimus absolutos , quia juxta * decretum felicis recordationis urbani papae secundi praedecessoris nostri fidelitatem , quam homines christiano principi juraverint , deo ejusque sanctis adversanti , et eorum praecepta calcanti , nulla authoritate persolvere cohibentur . et si non cessaverit ab oppressione pupissorum , orphanorum , viduarum , seu nobilium , aut aliorum hominum regni , vel ejus destructione , quod ad romanam ecclesiam specialiter noscitur pertinere , pro quo etiam praedecessoribus nostris et ecclesiae romanae iuramentum fidelitatis exhibuit , et homagium praestitit , merito poterit formidare se nostr . feudi privandum . idemque vniversitatem vestram movemus attente , per apostlica vobis scripta districte praecipiendo mandantes , quatenus singuli praedictam sententiam sollempniter publicantes , denuncietis eam singulis diebus dominicis et festivis . dat. romae apud sanctum petrum iij. non. aprilis . pontificatus nostri anno secundo . in dorso . de excommunicatione sollempniter lata die coenae , & destinantur literae archiepiscopo cantuariensi & ejus suffraganeis . those who will seriously consider the contents of this popes antimonarchical bull , must needs acknowledge it repugnant not only to monarchy , loyalty , fidelity , verity , and common honesty , but to christianity it self in the highest degree : yet his antichristian pleasure and command must be preferred , obeyed by all our bishops and clergy , before all laws of god , nature , nations , rules of christianity , oathes of allegiance , and comon justice . the sentence , excommunication and bull of the pope against the emperour , is thus registred by matthew paris ( much different from this in the contents . ) circa dies istos , papa gregorius , cum imperatoris romanorum frederici contumaciam , simul & crucifixi contemptum , ut sibi videbatur , impunitum diutius distulisset ; tandem ne canis videretur latrare non valens , de consilio cardinalium suorum , ipsum imperatorem excommunicavit , & latam sententiam per literas apostolicas in diversis mundi partibus publicari praecepit . inter caeteros autem hujus sententiae , publicatores , stephano scripsit archiepiscopo in haec verba : gregorius episcopus , stephano cantuariensi archiepiscopo , salutem , &c. in maris amplitudine spatiosa navicula petri posita , vel potius exposita turbinibus tempestatum , sic jugiter procellis & fluctibus agitatur , ut ejus g●bernatores ac remiges vix contingat aliquando inter inundantium imbrium angustias respirare , vix carybdis voragines transire , vix a scylla declinare . nam quandoque prospero flatu plenis velis ad portum vehitur , subito ventus irruens ex adverso , impulsus ab illo cujus halitus ardore facit , adaltitudinem maris & turbulentis profunditatis oceanum ▪ navis rapitur , quae cincta fluctibus mergitur , nec submergitur : quia in ea dominus residens , discipulorum tandem clamoribus excitatur , dum fugat spiritus insufflantes , & mari ventisque imperat , fit tranquillum . quatuor quidem procellae quatiunt navem istam . nam perfidia paganorum turba terram inclytam , christi sanguine consecratam impie detinere contendunt ; rabies tyrannorum temporalia rapiens , exterminat justitiam , & conculcat ecclesiasticam libertatem : haereticorum insania christi tunicam scindere nititur , & subvertere fidei sacramentum : falsorum fratrum & filiorum dolosa perversitas concutit viscera , & latus dilacerat matris suae . sicque fores pugnae , intus timores : extra inficit gladius , & domibus mors similiter intentatur . sicque frequenter fit , quod christi ecclesia tot angustiis perturbatur ; dum alere credit filios , nutrit in sinu ignem , serpentes , & regulos ; qui flatu , & morsu , & incendio cuncta vastare nituntur . hinc est , quod ad monstra hujusmodi perimenda , & expugnandas acies inimica , ac tempestatum inquietudines mitigandas , apostolica sedes his temporibus cum multa diligentia quendam alumnum , imperatorem videlicet fredericum ; quem quasi a matris utero excepit , uberibus lactavit , humeris bajulavit , de manibus quaerentium animum ejus frequenter eripuit , educare studuit , multis laboribus & expensis usque ad virum perfectum perduxit , ad regiae dignitatis decorem , & tandem ad fastigium culminis imperialis provexit ; credens illum habere defensionis virgam , & baculum senectutis . ipse autem dum in theutonicam se transtulit , ad habenas imperii obtinendas , jucunda , ut credebatur , auspicia , sed verius pericula matris obtutibus inferebat . nam sponte , non monitu sede apostolica ignorante , crucem suis affixit humeris , vovens solemniter se in terrae sanctae subsidium profecturum . deinde se & alios cruce signatos excommunicari obtinuit , nisi certo proficerentur tempore . sed incidenter absolutionem petiit , & accepit , de parendo super haec mandatis ecclesiae , prius praestito juramento . exuberantem autem gratiam super ipsum apostolica sedes infundens , ut festinantius ad terrae sanctae transiret subsidium , ipsum contra morem ad coronam vocavit , qui ad hoc non invitatus , sed multiplicatis intercessoribus intercessoris invitari per magnificos nuncios consuevit . sicque idem sub crucis vexillo usque ad haec tempora * propria negotia plenius , & perfectus consummavit . tandem cum manibus foelicis recordationis honorii papae , praedecessoris nostri in beati petri basilica recepisset diadema , de manibus nostris , tunc in minori officio constitutis , crucem resumpsit , voto publice innovato . plures sub spe sui subsidii ad sumendam induxit , & certum recipit terminum transfretandi . habito quoquo postmodum apud verulas cum ecclesia romana colloquio , juravit publice , se in certo termino , a romanae sibi ecclesia praefigendo , & tanquam imperatorem honorifice profecturum . exinde apud ferentium in colloquio simili , duorum annorum tranfretandi elegit sibi terminum , & praefixit . sicque transiturum , & nobilem mulierem , natam charissimi filii nostri in christo johannis regis hierosolymorum , illustris ipsius regni haeredem , in conjugem recepturum solemniter praestito juramento spospondit . adjungentis , quod per hocad obsequium terrae sanctae , non ut caeteri peregrini , sed ut templarii & hospitilarii se in perpetuum obligaret . appropinquante itaque termino praelibato , caepit excusationes multiplices praetendere , se ad transitum asserens non paratum , & ut denuo ternorum sibi daretur terminus annorum , grandia obtulit obsequia terrae sanctae cum obligationibus satis magnis . apostolica vero sedes ne tantis laboribus exsufflatis & inutiliter sic exhaustis , totum dissolveretur negotium , quod huic principi post romanam ecclesiam principaliter incumbebat : habito plurium episcoporum & aliorum virorum consilio , de contingentibus nil omittens , venerabilem fratrem nostrum p. albanensum episcopum , & bonae memoriae g. titulo sancti martini presbyterum cardinalem , ad confirmanda illa , quae imperator pro crucis obsequio spontaneus promittebat transmisit . cumque apud sanctum germanum cum pluribus alemanniae principibus pariter convenissent , imperator propria manu juravit , quod inde ad biennium , id est , in passagio augusti , nunc proximo transacto , omni excusatione & dilatione cessantibus , transfretaret , mille milites ibidem per biennium teneret ad suum stipendium , pro subsidio terrae sanctae centum millia unciarum auri , in quinque passagiis tunc proximo futuris illuc destinaret certis assignanda personis . et tunc cardinales presbyteri , de imperatoris consensu , in conspectu principum ac populi circumstantis , excommunicationis sententiam publice authoritate apostolica protulerunt in quam incideret imperator , si forte in aliquo defecerit praedictorum . obligavit insuper se imperator ad centum chelendras , & quinquaginta galleias ducendas & tenendas ultra mare : & quod insuper duobus millibus militum passagium certis terminis largiretur , in animam suam jurari faciens , se ista quae diximus impleturum , & sponte consentiens in se & regnum suum ferri sententiam , si non fuerint observata . qualiter autem haec impleverit , advertas , nam cum ad ejus frequentem instantiam , multa cruce signatorum millia per excommunicationis sententiam coarctati in termino destinato ad portum brundusii properassent , quia gratiam suam imperator subtraxerat civitatibus ferie cunctis in portubus constitutis , & idem a praedecessore nostro , ac a nobis frequentius monitus , ut diligenter pararet omnia , & fideliter quae sposponderat adimpleret : ipse praemissorum , quae sedi apostolicae & cruce signatis per praedicatores & literas suas fecerat , de sponsione passagii necessariorum & victus , suae salutis immemor , tamdiu in aestivi fervoris incendio , in regione mortis & aeris corruptela detinuit christianum exercitum , ut non solum magna pars plebis , verum etiam non modica multitudo nobilium & magnatum , pestilentia , sitis ariditate , ardoris incendio , ac multis incommoditatibus expiravit . inter quos defecerunt bonae memoriae episcopi andegavensis & augustensis . pars vero non modica infirmitate gravata regrediens , in viis , in silvis , & in planitiis , in montibus & speluncis occubuit jam ex parte . sane reliqui vix obtenta licentia , licet galeiae , chalendrae ac naves sufficientes ad transitum victualium , hominum , & equorum , ut promiserat , non adessent , in festo tamen beatae virginis cum jam temporis instantia immineret , ut naves transmarinis partibus inciperent remeare , sulcare maria inchoarunt : sed pro nomine jesu christi se discrimini committentes , ac credentes imperatorem cominus eorum vestigia secuturum , idem vero , evacuatis promissionibus , ruptis vinculis quibus tenebatur astrictus , calcato timore divino , contempta reverentia jesu christi , censura ecclesiastica vilipensa , ac relicto exercitu christiano , exposita infidelibus terra sancta , devotione populi christiani abjecta ; in suum & totius christianitatis opprobrium retrorsum abstractus & illectus est ad consuetas regni delicias objectionem corporis sui frivolis excusationibus , ut dicitur , gestiens palliare attendite ergo , & videte , si est dolor sicut dolor sedis apostolica , matris vestrae , sic crudeliter & toties deceptae in filio , quem lactaverat ; in quem posuit in hoc facto spei suae fiduciam , in quem tot beneficiorum abundantiam cumulavit . dissimulans interim , ne occasione inventa , se averteret a terrae sanctae subsidio , exilia praesulum , spoliationes , captivitates , & injurias multiplices , quas ecclesiis , viris religiosis , clericis irrogavit ; & obaudiens querelas multiplices pauperum , populorum , & nobilium patrimonii ecclesiae clamantium contra ipsum , quas in aures domini sabaoth credimus introisse . et quamvis ecclesiae romana tueri debeat filium tanta diligentia educatum , et magnificentia exaltatum ; nunc ipsum gemit sine marte victum , absque hoste prostratum : et in suae confusionis opprobrium , tam ignominiose deiectum . non minus gemit exterminium exercitus christiani qui non inimicorum gladiis , vel veritate defecit , sed calamitate tam miserabili est consumptus . gemit etiam quod residua bellatorum , exposita maris periculis & fluctibus tempestatum , absque duce ; praeceptore , & principe ducitur , quo ignorat , modicum profectura terrae sanctae utilitatibus . quibus debitae consolationis solitum & opportunae subjectioni sauxilium , impedientibus jam maris frementis procellis , temporisque angustia juxta votum non possumus ministrare . gemit insuper excidium terrae sanctae utilitatibus , quibus debitae consolationis solatium , & opportunae subjectionis auxilium , impedientibus jam maris frementis procellis , temporisque angustia , juxta votum non possumus ministrare . gemit insuper excidium terrae sanctae , quam nunc eripi de manibus paganorum sperabamus ; quam olim , ut asseritur , recuperasset christianus exercitus per * concambium damiatae , nisi semel eis & iterum imperialibus fuisset literis interdictum . qui etiam non fuisset in manibus paganorum inclusus ; si galeiarum subsidium , ut ex parte sua promissum fuerat , & fieri poterat , subsecutum esset . nam damiata , quae ut astruitur , suo tradita nuncio , & aquilis imperialibus insignata ; eodem die crudeliter spoliata , & per suas deteriorata , viliter & ignominiose , per ipsos fuit infidelibus restituta . recurrit etiam ad rediviva suspiria , & amissionem praescriptam , recolens damiatae tot laborum angustias , tot expensarum dispendia , tot mortes fidelium , & tot excursus temporum , quae inutiliter affluxerunt ; subortis lachrymis flere non cessat ; nec est qui consoletur eam ex omnibus charis ejus , nec abstergat lachrymas a maxillis . cum ergo vox ejus in rama jam sonuerit , & rachel non solum filios , sed haec omnia irremediabili lamentatione deploret ; quis fidelium a gemitibus & suspiriis continebit ? quis filiorum , cernens aquarum profluvia de matris oculis prodeuntia , lachrymas non effundet ? quis matris non compatietur angustiis ? nec immensis ejus doloribus condolebit ? quis fidelium propter haec non ardentius inflammabitur ad subsidium terrae sanctae , ne christiana juventus ex insperato casu penitus prostrata videatur , & ignominiose animo consternata ? nonne viri cordati , & filii jesu christi , debent ad subsidium terrae sanctae tanto fortius animari , quanto ignominiam jam amplius resultare conspiciunt ex insperata ruina in patrem & filium , in redemptorem atque redemptos , in christum & populum christianum ? nos igitur hoc negotium tanto ardentius resumere affectamus , & profundiori consilio lata intendimus remedia invenire ; quanto magis necessitas , & ex multis inflata doloribus nostram grandis angustia mentem pavit : & sic cum dominus populo suo modicum ostendit se iratum , de illius manu hoc tempore sacrificium non acceptans , qui prudentiam non est imitatus illorum , per quem salus in israel consuevit . non tamen misericordiae dei sunt consumptae , nec ejus miserationes penitus defecerunt . sperantes namque in misericordia dei nostri , qui viam nobis ostendit , per quam in hoc opere prospere gradiamur : & viros secundum cor suum destinabit , qui praecedant in cordis puritate ac manuum munditia exercitum christianum . ideoque fraternitatem vestram obsecramus in domino , per apostolica scripta praecipiendo mandantes : quatenus haec clero et populis vobis commissis fideliter exponentes , ac inducentes eosdem ad haec exequenda , suos studeant animos praeparare ; & ipsos ad vindicandam injuriam jesu christi sedulis exhortationibus invitetis , ut cum ipsos sedes apostolica habito majori tractatu sollicitandos providerit , promptos inveniat & paratos . porro , ne tanquam canes muti , non valentes latrare , videamur deferre homini contra deum , non sumentes ultionem de illo , qui tantam injuriam populo procuravit , imperatorem videlicet fredericum , qui nec transfretavit in termino constituto , nec illuc in taxatis passagiis praescriptam pecuniam destinavit , nec mille duxit milites per biennium tenendos , ad suum stipendium , pro subsidio terrae sanctae ibidem , sed in tribus articulis manifeste deficiens , in his discriptae excommunicationis laqueum ultroneus se ingessit , excommunicatum , quanquam inviti , publice nunciamus , et mandamus ab omnibus arctius evitari : contra ipsum , si contumacia ejus exigerit , gravius processuri . confidimus tamen adhuc in pii patris clementia , qui neminem vult perire , quod oculi mentis caligantes , hoc ecclesiastico delibuti collirio , ●i non fuerit animo rebellis , lumine poterunt illustrari , ut suam aspiciat nuditatem ▪ & ignominiam suam , quam incurrit , avertat : sicque recurrat ad medicum , & ad matrem ecclesiam revertatur , per humilitatem debitam : & satisfactionem congruam , salutis remedia recepturus . non enim ejus salutem in domino affectamus interire , quem olim syncere dileximus , in minori etiam officio constituti . data laterani , pontificatus nostri anno secundo . the emperour justly incensed with the publication of these libellous , scandalous , and fabulous excommunications against him in england , and all other kingdoms , churches , to his intollerable defamation ; endeavoured to vindicate himself and his innocency , against the popes calumnies , by dispatching letters into all parts , and particularly into england , thus recorded by matthew paris . imperator itaque fredericus , cum a referentibus se excommunicatum cognovisset , perturbatus est valde : & sicut papa per literas suas in omnibus christianorum finibus latam fecerat sententiam publicari ; ita dictus imperator scripsit universis regibus & principibus christianis , conquerens sententiam in eum fuisse injuriose latam . denunciavit etiam singulis & universis , se non frivolis excusationibus , sicut ei papa mendose imposuit , a peregrinatione reversum inchoata ; sed maximae infirmitatis causa , illius super hoc testimonium invocans , qui est testisin coelo fidelis . affirmavit insuper , quia quam citius sibi deus prosperitatem praestiterit corporalem , votum suae peregrinationis ( sicut decet imperatorem ) cum honore congruo persolvere domino procurabit . inter caeteros siquidem catholicos regis , literas auro bullatas anglorum regi transmisit ; proponens in eisdem romanam ecclesiam tanto jam avaritiae succensam incendio , et concupiscentia manifesta ; quod bonis ecclesiasticis non sibi pro voto sufficientibus , imperatores , reges , et principes exhaeredare , et tributarios constituere non veretur . habeat autem de praemissis rex anglorum ex se ipso exemplum , cujus * patrem , regem scilicet johannem , tamdiu excommunicatum tenuit , quousque ipsum et regna ejus constituit sub tributo . habeant etiam generaliter omnes idem exemplum de comite tholosano , ut alios principes multos ; quorum terras et personas tamdiu sub interdicto concludere molitur , donec illos in consimilem redigat servitutem . simonias , exactiones diversas , et a saeculis inauditas , quas in ecclesiasticas personas incessanter exercent ; usuras manifestas , et palliatas , quibus hactenus incognitis totum mundum inficiunt , praetermitto . sermones tamen super mel mellitos , et super oleum mollitos , insatiabiles sanguisugae , dicentes curiam romanam esse ecclesiam , matrem nostram , ac nutricem : cum sit curia praetaxata omnium malorum radix et drigo ; non maternos , sed actus exercens novercales , ex cognitis fructibus suis certum faciens argumentum . revolvant haec inclyti barones angliae , quos papa innocentius bullatis literis communitos animavit , ut in regem iohannem quasi ecclesiae inimicum insurgerent obstinatum . sed postquam enormiter memoratus rex est incurvatus , et se suumque regnum ecclesiae romanae , velut effoeminatus , mancipavit ; praedictus papa proceres , quos prius sustinuit et excitaverat , postposito mundi pudore dominique timore , conculcavit , morti expositos et miserabiliter exhaeredantos , ut more romano , protervo hiatu quod pinguius erat , proh dolor , absorberet ! et factum est , quod incitante romanorum avaritia , princeps provinciarum facta est sub cributo . ecce mores romanorum , ecce laquei praelatorum , quibus universos ac singulos quaerunt illaqueare , nummos emungere , liberos subjugare , pacificos inquietare , in vestibus ovium , cum sint intrinsecus lupi rapaces ; legatos huc et illuc mittentes , excommunicare , suspendere , punire potestatem habentes ; non ut semen , id est , verbum dei seminent fructificandum , sed ut pecuniam extorqueant , colligant , et metant quae nunquam seminaverunt . sicque fit , ut ecclesias sacras , pauperum refugia sanctorum mansiones diripiant , quas pii ac simplices patres nostri in refectionem pauperum ac peregrinorum et religiosorum sustentationem fundarunt . ex nunc ad imperia et regna degeneres et ignobiles ( quos solae literae faciunt insanire ) ausu temerario contendunt anhelari . in paupertate quidem & simplicitate fundata erat eccleha primitiva , cum sanctos quos catalogus sanctorum commemorat , foecunda parturiret . s daliud fundamentum nemo potest ponere , praeter illud quod positum est a domino jesu , ac stabilitum . porro quia in divitiis navigant , in divitiis volutantur , in divitiis aedificant , timendum ne paries inclinetur ecclesiae , ne maceria depulsa , ruina subsequatur . in nos etiam novit scrutator omnium , injuste debacchantur , dicentes nos nolle terminis transfretasse constitutis : cum multa me de eo , et ecclesia , et imperio inevitabilia ac ardua negotia , praeter infirmitatis incommoda , detinebant . quorum primum fuit rebellium siculorum insolentia . nec videbatur nobis sanum fuisse consilium expediens christianitati , nos in cerram sanctam transisse , bellum intestinum post terga relinquentes : sicut nec medico , ferro infixo vulneri , fomentum adhibere medicinae . in conclusione quoque demum haec adjecit , exhortans orbis principes universos ut contra tantam sibi prospiciant avaritiam , et iniquitatem , quia tunc tua res agitur , paries cum proximus ardet . ex hac itaque imperator perturbatione commotus , excitavit contra dominum papam & romanae ecclesiae patrimonium , seditionem gravissimam : invadens ejus civitates , & occupans castella . sicut idem papa per literas suas romano legato francorum directas , evidenter expressit ; recorded at lage by matthew paris , fraught with nothing but calumnies and lyes , to defame the emperour . these antichristian proceedings against the emperour , so exasperated the citizens of rome , that they expelled him the city , and chased him to perusium . per idem tempus , populus romanus in papam gregorium seditionem excitavit , & ●● sollemnitate paschali illum ejecerunt ab urbe ; insequentes eum usque viterbium castellum suum . ubi fortiter invalescentes , fugaverunt eum usque perusium ▪ papa , aliud vindictae genus non habens , persecutores suos excommunicationis sententia innodavit . which they dreaded not at all . king henry the d. upon receipt of the popes bulls against the emperour , and the emperours letters against the pope , sent this letter to this fire-brand , and another to the emperour , advising an accommodation between them , for the better relief of the holy-land . domino papae , sanctitatis vestrae literas devotione qua decuit recepimus continentes narratione brevi defectum succursus terrae sanctae , quem in praesenti sperabitis per ministerium imperatoris ordinatum fuisse : sane dolorem vestrum , quem brevem esse decet , non audimus sine dolore , maxime , cum in salute vestra et ecclesiae statu pacifico , regnantium pax consistat et regnorum : recepimus autem postmodum literas imperatoris qui te multis gravaminibus & injuriis ei ut dicebat , praeter suorum exigentiam meritorum , conquerendo , in eisdem literis , notum fecit nobis , sicut & in aliis regnis publicasse se dicit , quod in medio instantis maii , proponit nihilominus transfretare . literas easdem ostendimus clerico vestro , magistro stephano , tunc praesenti nobiscum , de cujus consilio imperatori rescripsimus consulendo , ut a debita vobis et ecclesia devotione nullius temeritatis ausu recedens , humiliter obediat , et obsequatur vobis ; siquidem ut patri et domino , cui in totius fidelitatis et obsequii plenitudine adesse volumus et tenemur , consulimus in domino pro negotio terrae sanctae , cujus liberationem mundus desiderare debet ardenter , quatenus eundem si cum humilitate debita ad cor reverti voluerit , vestrisque parere mandatis , misericorditer recipere velitis ad pacem . teste rege apud westmonasterium , vicesimo die februarii . the emperour having recovered his health , to perform his vow , satisfie the christians who had crossed and transported themselves to the holy land , pacific the pope , and wipe off all scandalous reproaches , and the bulls of excommunication , took shipping again for this expedition ; yet the pope would not absolve , but kept him still excommunicated . fredericvs imperator mare mediterraneum ingressus , ut domino votum peregrinationis persolveret , in vigilia nativitatis beatae virginis mariae apud achon applicuit : venientes ei obviam clerus terrae & populus cum magno honore , ut tantum dicebat virum , illum receperunt . veruntamen quoniam noverant eum a papa excommunicatum , non ei communicaverunt in osculo , neque in mensa : sed consuluerunt , ut domino papae satisfaciens , rediret ad sanctae ecclesiae unitatem . templarii vero & hospitilarii , in adventu ejus flexis genibus adoraverunt eum , genua ejus deosculantes , & omnis fidelium , qui aderat exercitus , glorificabant deum in adventu ipsius : sperantes quod per eum fieret salus in israel . tunc imperator ( as he had just reason ) ad universum exercitum gravem deposuit querimoniam , de pontifice romano , quod injustam tulerat in eum sententiam : affirmans se gravissimae infirmitatis causa , & aliorum arduorum negotiorum , quae totam tangebant christianitatem , iter suum ad terrae sanctae subsidium distulisse . this perverse pope on the contrary , to evidence his implacable malice against the emperour , instead of absolving him from his excommunication for not going to the holy land , now resolves not only to continue it , but makes actual war upon his territories , to deprive him of his temporal crown , as contumacious and rebellious , because he went thither , and set up john de brennes ( whom he made his general ) emperour in his throne : as matthew paris thus relates . circa dies istos , papa gregorius nimis moleste ferens , quod romanorum imperator excommunicatus & rebellis , ad terram sanctam transierat : de illius poenitentia & satisfactione , ut rediret ad ecclesiae unitatem , non mediocriter desperabat . decrevit ergo eum , quem contumacem vidit & rebellem , ab imperiali fastigio depellere : & alium quemlibet filium pacis & obedientiae , loco ejus subrogare . sed quoniam hujus rei certitudo nobis non nisi per alios constare potuit , ponemus hic literas thomae cujusdam comitis , quem imperator cum quibusdam aliis in recessu suo , imperii tutorem constituit & rectorem : quas imperatori super hoc negotio in syriam destinavit , & quas a quodam fide digno suscepimus peregrino . excellentissimo domino frederico , dei gratia imperatori romanorum , & semper augusto , ac siculorum regi potentissimo ; thomas comes atteranensis , suus in omnibus fidelis ac devotus , salutem , & de hostibus triumphare . post recessum vestrum , domine excellentissime , gregorius pontifex romanus , & magnificentiae vestrae hostis publicus , congregato exercitu copioso per johannem de brennes , regem quondam hierosolymorum , & alios quosdam viros strenuos , quos militiae suae principes constituit ; terram vestram & hominum vestrorum hostiliter ingressus , contra legem christianam decrevit vos in gladio vincere materiali , quem non potuit dejicere in gladio , ut asserit , spirituali . nam johannes praefatus , de regno francorum , & aliis conterminis regionibus , militiam contrahens non modicam ; sub spe imperii , si vos possit subigere , de thesauris apostolicis , suis militibus stipendia ministrat . it aque idem johannes , & alii sedis apostolicae principes militiae , terram vestram & hominum vestrorum hostiliter irgressi : ignem in aedificiis & villis accumulant , spolia & armenta rapiunt , homines captos diversis cruciatibus torquent , & ad gravissimam redemptionem compellunt : nulli sexui parcun● , nec cuiquam extra ecclesiam vel coemiterium deferunt : vicos & castella capiunt , non habences ad hoc respectum , quod sitis in servitio jesu christi . et si quis de imperatore mentionem facit , johannes d● brennes affirmat , non esse alium imperatorem praeter ipsum . mirantur super his amici vestri , excellentissime imperator , et praecipue clerus imperii vestri : qua consideratione et conscientia talia facere potest pontifex romanus , et contra christianos arma movere . maxime cum dominus dixerit petro , in gladio materiali percutere volenti : mitte gladium tuum in vaginam . omnis enim qui percusserit in gladio , peribit . vel quo jure possit ille qui quasi diebus singulis praedones , incendiarios , et christianorum tortores excommunicat , et ab ecclesiae unitate separat , talibus assensum praebere , et authoritatem praestare , similiter admirantur . provideatis nunc obsecro , imperator potentissime , securitati vestrae & honori super praemissis : quia inimicus vester saepedictus , johannes de brennes , omnes portus cismarinos cum exploratoribus armatis non paucis munivit : ut si fortè incautus a peregrinatione redires , ipse vos sub captione conclusum incarceraret , quod dominus avertat . can any romanist , pontifician , christian , turk , or sarazen read these unchristian extravagant proceedings of the pope , but with highest detestation of his diabolical impiety , malice , and injustice ? but though this pope unjustly persecuted him with fire and sword , and cursed him with bell , book and candle , yet god so blessed him with successe , that he speedily recovered jerusalem and the holy land out of the sarazens hands , of which he gave a full account in his letter to king henry the d. which you may peruse at leisure in * matthew paris ; the form and inscriptions of the golden bull or seal thereto affixed ; ( which are memorable ) he thus describes . forma bullae imperatoris aureae erat talis : ex una parte erat imago regia , & scriptum in circuitu , fredericus dei gratia romanorum imperator , & semper augustus . ex una parte vero regalis imaginis , scilicet super dextrum humerum , scriptum est , rex jerusalem . ex alia parte ejusdem imaginis , scilicet super sinistrum humerum , scriptum est , rex siciliae . ex alia autem parte bullae , insculpitur quaedam civitas , scilicet roma , & scribitur in circuitu , roma caput mundi , tenet orbis froena rotundi . erat autem bulla aliquantulum major bulla papae . it is evident by the last motto in this seal , that the emperour esteemed himself , not the pope , the head of the world , and of rome it self , of which he held the reins ; that the pope had no real jurisdiction in or over it , but only by pretext of st. peters usurped and abused keys ; which yet terrified his superstitious votaries of the clergy so much , that none of the bishops would or dared to say masse within the walls of jerusalem it self , when recovered from the sarazens , so long as the excommunicated emperour was within it ; so much did they obey and fear this unchristian pope , more then god , or this victorious emperour : witnesse this relation . ingressus est igitur , sanctam civitatem hierusalem exercitus christianus , & patriarcha cum episcopis suis suffraganeis mundificavit templum domini & ecclesiam sancti sepulchri , sanctaeque resurrectionis ejusdem , cum aliis ecclesiis sanctisque locis venerabilibus civitatis , abluentes pavimentum & parietes aqua benedicta , & agentes processiones in hymnis & canticis , reconciliaverunt deo loca universa , diuturnis infidelium sordibus prophanata . verum , quamdiu imperator , qui excommunicatus fuerat , intra urbis moenia moram fecit , nullus praelatorum ( such was their basenesse and impiety ) missam celebrare praesumpsit . magister tamen walterus , frater quidam de ordine praedicatorum , vir religiosus , providus , ac discretus , & in divina pagina eleganter eruditus , anglicus natione , qui a domino papa officium praedicationis , in quo singulariter floruit , expeditus , in exercitu christi susceperat , quod etiam per aliquod tempus foeliciter impleverat , celebravit divina in ecclesiis suburbanis : unde devotionem fidelium plurimum excitando , ad obsequium crucifixi arctius animavit . the pope enraged with ( instead of rejoycing at ) the emperours victorious proceedings against the sarazens , as he invaded his empire with fire and sword , to dethrone him at home , so he suborned the ambitious * templers and hospitalers ( who envyed his successes ) to betray him to the sarazens , to murther , or take him prisoner in the holy land , sumpserunt cornua ex odio papali ; audierant enim , quod jam papa imperium hostiliter invaserat . but this their treachery was so execrable to the very soldan of the sarazens , made privy to it , that he revealed it to the emperour , and so prevented his destruction ; who thereupon clave more affectionately to this pagan soldan , then to this antichristian pope , or unchristian , perfidious templers . moreover the pope procured geraldus patriarch of jerusalem , to write a letter to all christians concerning his slow proceedings against the sarazens , fraught with scandals , which the pope dispersech into all parts , especially in england , to defame and withdraw the peoples affections from him : which done , papa ad ejus dejectionem diligentius solito insurrexit , & collectioni pecuniae hiavit avidius , both in england and elsewhere , of which more in its due place . these antichristian papal usurpations over , and proceedings against the emperour abroad , were published by the popes legates and instruments in england , to overawe , terrifie the king and nobles , as well as clergy , and abate their oppositions against his usurpations and encroachments on their rights , especially in cases of provisions , appeals about elections , and church affairs , wherein he acted arbitrarily what he pleased , as these passages evidence . eodem anno , cassata romae electione magistri willielmi scoti dunelmensis electi , robertus sarisburiensis episcopus ad eundem episcopatum electus est , postulatus , & translatus : post cujus promotionem canonici sarisburienses elegerunt magistrum robertum bingeham canonicum suum in animarum suarum episcopum & pastorem . quo utique anno decisa est contentio inter monachos coventrenses , & canonicos litchfeldenses , super episcopo eligendo , romae per sententiam diffinitivam : ita ut deinceps episcopos alternatim eligant , monachi primum , & canonici eo defuncto alterum . hoc tamen observato , ut prior coventrensis in electione primam semper habeat vocem . in hac autem sententia videtur plurmum juri monachorum fuisse derogatum , qui eatenus semper pontifices elegerant absque canonicorum consensu . this year there grew a new contest between the king and monks of canterbury , about the election of the archbishop , which occasioned an appeal and decision of the election by the pope at rome , whereby the pope got two years payment of his annual pension granted by king john , ( as you * heard before ) and a tenth in promise the historian will inform us . eodem anno , stephanus cantuariensis archiepiscopus , apud slindonam manerium suum vii . idus julii diem clausit extremum : & cantuariae sepultus est pridie nonas ejusdem . quo sepulto , monachi cantuarienses impetrata a rege licentia , elegerunt monachum de gremio ecclesiae suae , magistrum walterum de hemesham , iij ▪ nonas augusti ; quem cum monachi praesentassent regi , ipse post diutinam deliberationem , eundem electum certis objectionibus refutavit . primo quidem , ipsis objecit , monachis , quod talem elegerunt , qui sibi inutilis erat in regno . secundo , quod pater ejusdem de furto convictus , patibulo suspensus fuit . tertio , quod steterat in causis contra patrem suum regem johannem , tempore interdicti . episcopi praeterea cantuariensis ecclesiae suffraganei , eidem electo objecerunt ; quia sanctimonialem quandam oppresserat , et ex illa pueros susceperat . ( a very chaste monk , fit to be primate of all england . ) adjicientes insuper , quod electio archiepiscopi sine istorum praesentia non debuerat celebrari . electus vero praefatus , electioni factae firmiter adhaerens , post appellationem interpositam , assumptis sibi monachis quibusdam cantuariensibus , domini papae se conspectibus praesentavit : petens instanter , ut electionem factam confirmaret . sed dominus papa , eum cognovisset , quod a rege et episcopis electio contradicta fuisset , distulit negotium , donec rei certitudinem cognovisset . rex autem & episcopi , cum audissent , quod electus memoratus ad curiam romanam iter arripuerat : objectiones praemissas in scriptum redactas , & tam regio quam episcoporum sigillo roboratas , per roffensem & c●strensem episcopos domino papae transmiserunt , magistrum johannem bedefordensem archidiaconum hujus negotii constituentes patronum . nuntii tandem romam pervenientes , domino papae regis & episcoporum literas porrexerunt . quibus papa diligenter inspectis , de consilio cardinalium statuit partibus diem in crastino cinerum : ut tunc mediante justitia causam sententialiter diffiniret . eodem tempore , instante die cinerum , qui electo caentuariensi & nuntiis regis anglorum fuerat praefixus ; ut quid de iure foret a papa diffiniendum inter partes , procuratores dicti regis , scilicet magister alexander de stavenesse episcopus cestrensis , & magister henricus de sanford roffensis episcopus , & praecipue magister johannes de heutona ; dominum papam & cardinales omnes assiduis petitionibus convenerunt : sed illos invenientes ex more difficiles , timuerunt valde a suo desiderio defraudari . vnde habito tractatu detestabili super praemissis , promiserunt domino papae ex parte regis anglorum , ab universo regno angliae et hyberniae decimationem omnium rerum mobilium , ad guerram suam contra imperatorem sustinendam , ut eos in regis proposito exaudiret . at dominus papa , qui rebellem imperatorem super omnia aestuabat dejicere , tanti● promissionibus exhilaratus , trahitur ad consensum , et * sedens in consistoria , haec quae sequu●tur proposuit . nuper ad audientiam nostram pervenit , electio cantuariensis ecclesiae , de quodam monacho waltero nomine . et postquam audivimus quae pro se idem monachus , & pro sua electione proposuit , auditis etiam objectionibus & exceptionibus episcoporum angliae , tam contra electionem praefatam , quam in personam electi , per venerabiles fratres nostros coventrensem & roffensem episcopos , & dilectum filium archidiaconum bedefordensem , in audient●a nostra propositis , examinationem circa electi praenominati personam , venerabilibus fratribus nostris domino albanensi , domino thomae de sancta sabina , & magistro ● . cardinalibus , commisimus faciendam . cumque electus coram illis constitutus , requisitus esset de descensu domini ad inferos , utrum in carne , vel sine carne descenderit ? male respondit . item , de confectione corporis christi in altare ? male respondit . item requisitus , de rachele qualiter plorabat filios suos , cum primo esset mortua ? male respondit . item requisitus , de sententia excommunicationis contra juris ordinem lata ? male respondit . item requisitus , de matrimonio si alter contrahentium infidelis decesserit ? male respondit . super his omnibus articulis diligenter examinatus est a cardinalibus , quem non solum dicimus minus bene respondisse , sed pessime . cum igitur , nobilis sit ecclesia cantuariensis et nobilem habuisset praelatum , virum discretum , modestum , et de gremio romanae ecclesiae assumptum : et iste modo electus , quem non solum pronunciamus indignum , imo si de rigore juris procederemus , aliud dicere cogeremur , ita insufficiens est , quod ad tantum honorem non debet assumi , electionem de ipsa fa●tam omnino cassamus , provisionem nobis dictae ecclesiae reservantes . here he gives judgement for himself in the cloze of his bull , though against the elect archbishop in the premises ; robbing both the king and monks of their rights and priviledges . cassata sane in hunc modum electione praefata , procuratores regis angliae & episcoporum cantuariensis ecclesiae suffraganeorum , literas de rato eorundem tam regis quam episcoporum , in domini papae praesentia exhibentes : proposuerunt de magistro richardo lincolniensis ecclesiae cancellario , quod esset vir eminentis scientiae & literaturae , ac conversationis honestae , quodque tam ecclesiae romanae , quam et regno angliae esset non mediocriter fructuosus : atque modis omnibus coram domino papa ejus personam commendantes , dominum papam trahunt cum suis cardinalibus ad consensum . sicque memorato richardo , non electo ad archiepiscopum , sed dato ; dominus papa suffraganeis cantuariensis ecclesiae literas in haec verba direxit . gregorivs episcopus , &c. ex commissa nobis a * domino cura pastoralis officii , et concessa ( licet immeritis ) plenitudine ecclesiasticae potestatis , cogimur ecclesiarum omnium per quotidianam instantiam , sollicitudinem et curam gerere , eisque cum necessitas ingruerit , et ex justitiae debito , et ex gratiae beneficio , paterna diligentia providere . inter caeteras autem particulares ecclesias , & metropoles universas ad cantuariensem ecclesiam , tanquam ad nobilissimum sedis apostolicae membrum , in ejus opportunitatibus oculos considerationis expandimus ; quam mater ecclesiarum , apostolica sedes , tanto benigniori debet favore prosequi , quant● eam inter alias divina dispositio in spiritualium plenitudine et * temporalium ubertate gratia praetulit ampliori . hanc etenim velut paradisum voluptatis , et hortum deliciarum , ordinatione sua plantavit altissimus , de qua producere valuit lignum scientiae boni et mali : in institutione dignitatis metropolicae , lignum vitae : in ordine religionis monasticae , et regularis observantiae disciplina , ligna pomifera : in suffraganeis , quae per operationem sanctam delectant in visu , per fidelem doctrinam delectant in gustu , per opinionem bonam recreant in olfactu . de eodem loco fluvius egreditur , per quem * gloriosissimi thomae martyris sanguis exprimitur ; qui dum vitam mortuis , sanitatem aegrotis , libertatem servis , et audaciam timidis contulit ; inde progrediens , in quatuor proculdubio capita derivatur . cujus miraculorum excellentium signa dum sollicita meditatione discutimus , ratas & insolitas divinae plantationis delicias invenimus . hujus itaque paradisi custodiae , bonae memoriae stephano quondam cantuariensi archiepiscopo , sanctae romanae ecclesiae cardinali , viro utique * pereminentissime donis scientiae , et munere gratiae , supernis carismatibus delibuto , et erepto de carnis ergastulo , et ad paradisi coelestis jucunditatem et requiem , sicut speramus et credimus , evocato : dilecti filii cantuariensis conventus , electionem celebratam ab eis de waltero monacho cantuariensi , nobis praesentare curarunt . qua primo electionis merita , et examinata personae literatura , justitia mediante , cassata : hominem culminis , quem per vitam et scientiam , intellectum pariter et affectum , ad imaginem et similitudinem dei conditum , habentem per salutarem doctrinam vitae spiraculum , in paradiso , ut operetur et custodiat illum , duximus collocandum , magistrum richardum lincolniae cancellarium ; quem tam ex fratrum nostrorum , qui eum in scholis noverunt , quam ex venerabilium fratrum nostrorum roffensis et coventrensis episcoporum , et aliorum plurium testimonio , virum didicimus eminentis literaturae , conversationis honestae , famae integerrimae , excellentissimae industriae , zelatorem animarum et ecclesiasticae libertatis , cantuariensis ecclesiae , de fratrum nostrorum consilio , praesentibus praefatis episcopis , * praeficimus in archiepiscopum et pastorem . quapropter fraternitatem vestram monemus , & hortamur , per apostolica scripta mandantes , quatenus tanquam charitatis filii & devotionis , ipsum ad honorem omnipotentis dei , & apostolicae sedis , & cantuariensis ecclesiae recipientes , cum humilitate debita & devotione sincera , intendatis eidem , & tanquam patri & pastori animarum vestrarum , & metropolitano vestro obediatis humiliter & devote . gaudere quidem debetis in domino , quod * illius gratia principaliter cooperante , qui inspirando praevenit , et adjuvantem prosequitur , provisum est laudabiliter ecclesiae viduatae . data , &c. this is the first instrument and form i find in history or record , of a popes provision to a bishoprick , which you see is very specious , lofty , pontifical , rhetorical . though the pope by reason of the differences between the king and monks , usurped by provisions , thus to fill the see of canterbury in the case of stephen langhton before , and this richard his immediate successor , being of greatest concernment for the popes interest on the one hand , and the kings , church of englands on the other , yet where the king gave his royal assent to bishops duly elected by his license , where there was no competition the pope interposed not , as these two presidents in the self-same year attest . eodem anno , eustachius londinensis episcopus diem clausit extremum . in cujus loco canonici elegerunt magistrum rogerum , cognomento nigrum ; virum in literatura profundi pectoris , honestum , ac per omnia laudabilem , religionis amatorem ac defensorem , omni genere superbiae carentem , canonicum de gremio ecclesiae suae : quem dominus rex sibi praesentatum , sine difficultate recepit . eodem tempore obiit galfridus elyensis episcopus , mense decembri , & sepultus est in ecclesia cathedrali sua , pridie idus mensis ejusdem , sicut et praedictus eustachius in sua . quo galfrido defuncto , monachi elegerunt communi assensu hugonem sancti edmundi abbatem . qui regi praesentatus , gratanter susceptus est , et episcopatus bonis omnibus investitus . richard archbishop of canterbury by provison , and these two bishops elect , were the next year consecrated all together , as matthew paris informs us . eodem tempore , in die sanctae trinitatis , convenientibus cantuariensis ecclesiae suffraganeis apud eandem civitatem , consecratus est magister richardus cantuariensis electus , per manum henrici roffensis episcopi , * sine pallio , ( therefore not absolutely necessary ) ita quod licuit ei vel ordines celebrare , vel ecclesias dedicare . consecrati sunt etiam cum eo eadem die , per ministerium ejusdem episcopi , ante majus altare in ecclesia sanctae trinitatis , rogerus electus londinensis , & hugo elyensis , iiij . idus junii . what letters of recommendation and reception of other bishops this pope sent to the bishops of england , you may discern by this relation . hoc denique anno venit in angliam archiepiscopus quidam armeniae majoris , gratia peregrinationis : ut sanctorum anglicanae regionis reliquias , & loca venerabilia , sicut & per alia regna fecerat , visitaret . literas quoque domini papae ad commendationem personae suae , viris religiosis et praelatis ecclesiasticis exhibuit , ut ab ipsis cum debita reverentia reciperetur , et honorifice tractaretur . hic demum , cum apud sanctum albanum veniens , causa orandi angliae proto-martyrem , ab abbate & conventu reverenter susceptus est . his fabulous story of the life of joseph of arimathea , even at that day in armenia , ( therefore if true not dead and buried at glastonbury ) you may read in matthew paris . how the pope and his legates ( at the kings special request ) intermedled in restoring the impropriations and churches alienated from the bishoprick of carlisle , appears by the * premises , and this ensuing record . quia constat domino regi , ecclesiam de novo castro super tinam , simul cum quibusdam aliis ecclesiis a praedecessoribus domini regis , ecclesiae carleolensi fuisse collatam , rogat dominus rex eborum archiepiscopum , quatenus cum ipsa ecclesia vacans fuerit , quod suum est in hac parte , secundum ordinationem authoritate domini popae factam , a bonae memoriae dominis g. titulo sancti martini , presbytero cardinali , & p. norwicens . episcopo , apostolicae sedis legatis , exequatur circa personas venerabilis patris carleolens . episcopi . teste , &c. pluralities being prohibited by many councils and canons , the pope took upon him , notwithstanding these canons , ( for money ) to grant clerks dispensations to hold pluralities . amongst others , he granted a dispensation to two of king henries clerks , which he should name to hold pluralties , whom he nominated by these his letters patents . ut r. sar. episcopus , sciat quibus dominus rex vult gratiam dispensationis impendi , quam dominus papa domino regi concessit , de duobus clericis suis ut plura obtineant beneficia , eidem sar. episcopo significat dominus rex , quod gratiam istam fieri vult l. capell . decano sancti martini london . & waltero de kirkham ; in cujus , &c. teste rege apud westmonasterium decimo tertio die februari . the king opposing the election and consecration of bishops in ireland without his precedent license to elect , and speciall approbation of them when elected , they thereupon appealed to the pope ; who sometimes heard both parties at rome , sometimes referred the appeal to be heard and determined by the archbishop of the province in ireland ; before whom the king constituted his proctor , to defend the rights of his crown by this ensuing patent . rex venerabili patri in christo archiepisco cassel . & episcopo fernensi & dilecto & fideli suo g. de theurevil archid. dublin salutem . in causa quae vertitur coram vobis de mandato domini papae , inter nos & magistrum johannem ocolingham , qui se gerit electum imelic . super electione quae de ipso dicitur celebrata fuisse , dilectum & fidelem nostrum magistrum laurentium de london . procuratorem nostrum constituimus ad iura nostra procuranda et defendenda , ratum habituri , & gratum , quicquid in praedictis vice nostra duxer it faciendum . hoc idem parti adversae significamus . teste rege apud lambeth . decimo die maii. how fraudulently and unworthily the bishops in ireland , dealt with the king , this writ for seasing the temporalies of the bishop of lismore into the kings hand , for his fraud , will discover . rex dilecto & fideli suo richardo de burg. justic . suo hiberniae salutem . quia magister griffinus , qui gerit se tanquam electum lismorensem , nos decepit prout intelleximus asserendo se electum esse in episcopum lismorensem et confirmatum , cum non sit confirmatus , vobis mandamus quatenus statim visis literis istis , episcopatum lismorensem qui est in manu ipsius magistiri griffini cum omnibus pertinentiis suis et terris , et rebus , et redditibus , et omnibus possessionibus , ad eundem episcopatum pertinentibus , in manum nostram capiatis , et salvo custodiatis , donec aliud inde praeceperimus . , , teste meipso apud westmonasterium vicesimo quinto die aprilis . although these irish bishops and clergy men , were very prone to invade the kings rights and royalties , yet they were very backwards to contribute to his necessities or supplies though * commanded by the popes special bulls , as this record attests . rex archiepiscopo armachano & suffreganeis suis salutem . quia nondum impensum est nobis auxilium a praelatis et clero hiberniae , sicut in anglia jampridem nobis est impensum : et sicut dominus papa tam in hibernia , quam in anglia nobis fieri mandavit , rogamus paternitatem vestram , affectuose . quatenus , quo et quantum indigeamus auxilio pie pensantes , ac mandato domini papae reverenter obtemperantes , petitum jam pridem subsidium , sine mora nobis impendere velitis , et ab aliis impendi omni adhibita diligentia procuretis , ut tam munificentiae vestrae liberalitatem propriam , quam erga alios adhibitam diligentiam , multiplici gratiarum actione prosequi debeamus specialiores et obnixiores solito vobis affectu . teste ut supra fiat autem solutio praedicti auxilii ad scaccarium nostrum dublin . in manus j. fernensis , & g. archid. dublin . the arcbishop insteed of collecting monyes for the king upon these letters , procured this patent for him to receive the profits of all the temporalties of bishopricks falling voyd in ireland during their vacancy , to satisfy a debt owing him by the king , till his debt should be fully payd . rex justiciario hiberniae salutem . sciatis quod conceffimus uenerabili patri h. dublin . archiepiscopo , custodiam omnium archiepiscopatuum et episcopatuum quos de caetero vacare contigerit , in hibernia , ad percipiendum fructus et exitus inde provenientes quamdiu vacaverint per manum ueneravilis patris i. fernensis episcopi , et dilecti et fidelis nostri g. de turrevil archid. dublin . donec debitum quod eidem archiepiscopo debemus , de praedictis fructibus et exitibus ei plene solverimus ; cum autem soluto debito inde quieti fuerint praedicti episcopus et g. de turrevil exitus et fructus ab hujusmodi archiepiscopatibus et episcopatibus vacantibus provenientes ad opus nostrum reservent , inde ad scaccarium nostrum dublin . respondeant quam diu nobis placuerit . et ideo vobis mandamus quod cum contigerit archiepicopatus vel episcopatus aliquos in hibernia vacare , permittatis praedictum episcopum fernensem et g. de turrevil de fructibus et exitibus inde provenientibus libere et sine impedimento disponere , ad respondendum inde praedicto archiepiscopo , et nobis postquam debitum ipsius archiepiscopi persolutum fuerit sicut praedictum est . in cujus , &c. teste meipso apud westmonasterium undecimo die maii. by this patent the kings right to retain , and dispose of the temporalties and profits of all the bishopricks in ireland , during their vacancy , towardes the payment of debts or otherwise , is most fully evidenced . what power the pope then obtained in promoting , ratifying truces made between the kings of england and france , when accorded and reduced by them into certainty , this record will intimate . venerabili in christo patri r. dei gratia titulo sancti angeli diacono cardinali , & franc. legato h. &c. rex angliae , &c. salutem & sinceram in domino dilectionem . grates paternitati vestrae referimus super literis vestris , quas nuper per dilectum & familiarem nostrum abbatem de cliva transmisistis , & de mandato quod idem abbas , ex parte vestra ore nobis exposuit . sane quamuis per eundem quondam illum ad vos misimus vestrae paternitati , significassemus , quandam pacis formam illustrem regem franciae , & nos ineundam idem reversus in nullo nos reddidit certiores de dicta forma a praedicto rege franciae , approbata , vel etiam an illi esset adhuc patefacta . et quoniam ad sedem apostolicam super tanto negotio non expedit mittere sub incerto , ad vos mittimus praedictum abbatem , & dilectum & fidelem nostrum magistum w. de cantilupo , rogantes , quatenus nos certificetis per eosdem , quae forma certa pacis regi placuerit memorato , ut sic demum nuncii certi romam mittantur , qui negotium illud sub certa forma procurent , secundum quod a partibus providebitur melius eidem negotio convenire . teste rege apud westmonasterium sexto die februarii . that all elections to bishopricks in ireland ought to be made by the kings precedent license to elect , or else they were absolutly voyd , will evidently appear by this memorable patent , though ratifying a special election for certaine causes , made without it , with some cautions . rex capitulo lethlin . & clero ejusdem dioc. salutem . licet electiones quae assensu nostro irrequisito celebratae fuerint in eclesiiis cathedralibus quae de nostra sunt advocatione nullius esse debeant momenti , et pro nulla reputari , et post transitum piae memoriae r. quondam lethlin . episcopi , non optenta prius licentia nostra , ad eligendum vobis pastorem processeritis , propter quod merito quantum ad nos nulla debeat esse electio vestra . uolentes tamen ad praesens , de gratia nostra et pro honestate w. archidiac . lethlin . electi vestri vobis parcere electioni factae de ipso in episcopum lethin . regium assensum praebere duximus et favorem ; ita tamen quod prius literas vestras fieri faciatis patentes iustic . nostro hiberniae porrigendas , de petita a nobis eligendi licentia , ne futuris temporibus nobis aut haeredibus nostris in electione consimili praejudicium valeat generari . in cujus rei testimonium has literas nostras patentes vobis mittimus . teste meipso apud westmonasterium decimo quarto die novembris anno regni nostri decimo tertio . this dispensation ( though qualified in this manner ) had this ill consequence , that it encouraged many chapters and covents in ireland to proceed to elections without any precedent license from the king , and to procure a subsequent approbation or license afterwards , as subsequent records will evidence . so dangerous is it for kings to connive at , or dispence with such incroachments upon their prerogatives , especially in case of ambitious , covetous , proud prelates , and self-willed refractory clergymen . it seems there arose a question in ireland in the th year of king henry the d. whether tithes should be payd of fish in ponds , especially such as belonged to the king ; who by his ecclesiastical soveraign power , resolved and ordered they should be payd , and so declared by this patent . mandatum est abbatibus , prioribus , comitibus , baronibus , militibus , civibus , burg is , & omnibus infra archiepiscopatum dublin . quod non expectato mandato regio vel assensu , de gurgitibus piscariis ecclesiis in quarum parochiis sunt praedicti gurgites vel piscariae , decimas solvant , quia rex non vult in periculum animae suae hujusmodi decimas detineant . teste meipso apud portesmue decimo nono die aprilis , anno &c. decimo quarto . you heard the year * before of the popes malicious slanders and persecutions of the emperour frederick , with excommunications , fire and sword , of his endeavours to exact monyes and tenthes in all places especially in england , to carry on the war against him , and king henryes proctors promise to gratify him therein , for promoting his chancellour richard to the archbishoprick of canterbury , and vacating the monks election ; which he put in vigorous execution this year , publishing many libels aginst the emperour to alien mens affections from him , which our historians thus relate . venit eodem tempore in angliam magister stephanus , domini papae capellanus , & nuncius ad regem angloruus ; missus ut colligeret decimas , domino papae a nunciis ipsius regis romae promissas , ad guerram suam sustinendam , contra imperatorem romanorum susceptam . audierat enim idem papa de imperatore praefato multa detestanda , quae faciebat contra legem christianam : quorum tenorem in scriptum redigens , per diversas orbis partes literis apostolicis publicare curavit . proposuit autem contra eum imprimis , quod in die annunciationis beatae mariae , cum esset excommunicatus , intravit sepulchri sancti ecclesiam in hierusalem , & ibi ante majus altare * propria manu sese coronavit , & ita coronatus resedit in cathedra patriarchatus , & ibi praedicavit populo , excusando maliciam suam & accusando ecclesiam romanam . imponens ei , quod injuste processerat contra eum , & notabilem eam fecerat invective & reprehensive , de insatiabili & simoniali avaritia . ( it seems popes may defame and injure emperours , but it is an unpardonable crime in them to complain of their symon●es or crimes . ) egressus autem ab ecclesia in comitatu satellitum suorum , sine omni persona ecclesiastica ▪ portavit coronam usque ad palatium hospitalis . item in palatio suo achnonensi fecit convivari saracenos , & fecit eis mulieres christianas saltatrices , ad ludendum coram eis , quae etiam ut dicebatur commiscebantur eis . item , foedus quod iniit cum soldano nemo scivit qua conditione tractatum fuit inter eos , nisi ipse solus . veruntamen manifeste videbatur quod magis approbaret ( secundum quod perpendi poterat per gestus exteriores ) * legem . saracenorum quam fidei nostrae ; quia in multis ritus eorum imitatus est . item , in scripto quod est inter ipsum & soldonum , quod lingua appellatur arabica mosepha , continetur quod durantibus treugis , ipse juvabit eum contra homines christianos & saracenos , & e coverso soldanus ipsum . item ▪ spoliavit canonicos s. crucis in achona , quibusdam redditibus quos recipere debebant in portu achonensi . item , spoliavit archiepiscopum nicholsiensem in cypro . item , protexit quendam episcopum surianorum potentia seculari contra patriarcham , ab excommunicato & schismatico ordinatum . item , spoliavit canonicos sancti sepulchri oblationibus ipsius sepulchri , & patriarcham oblationibus calvariae loci , & loci● golgatha , & canonicos sancti templi oblationibus suis , & per manus satellitum suorum fecit omnes oblationes istas colligere , propter quod factum frater walterus * excommunicavit eum in civitate hierosolymorum & satellites suos . item , in die palmarum praedicatores , de pulpito ubi praedicabant ▪ viliter & violenter fecit dejeci , & crudeliter tractari & incarcerari . item , infra passionem domini obsedit patriarcham & episcopos wintoniensem , & exoniensem , & templarios in domibus suis , & cum vidit se non posse praevalere , confusus demisit . his igitur de causis , licet aliae non desint , quicquid egit in terra sancta pro nihilo reputans , dominus papa , movit guerram contra ipsum , asserens , justum esse et fide● christianae necessarium , ut tam validus ecclesiae persecutor a fastu imperii depelleretur . et quod his omnibus detestabilius est , contra matrem suam romanam ecclesiam gravem ercitaverat persecutionem , ita quod castella ejus cum terris et possessionibus occupaverat , et velut hostis publicus detinuit occupatas . ( was not this pope herein worse then any turk or saracen ? and was this in christianity or conscience a just ground for the pope to wage war against him , whiles he was by his own command fighting against the saracens , with admirable successe ? ) after the popes legate had dispersed these and other libellous papers throughout england against the emperour , as a prologue to his grand designe of extorting monyes ; he thus proceeded . per idem tempus , cum magister stephanus , domini papae capellanus & nuncius , regi anglorum negotia ipsius papae & sui causam adventus ostendisset ; fecit rex convenire apud westmonasterium , dominica qua cantatur misericordia domini , archiepiscopos , episcopos , abbates , priores , templarios , hospitalarios , comites , barones , ecclesiarum rectores , & qui de se tenebant in capite , ad locum praefixum & diem , ut audirent , negotia memorata , et de rerum exigentiis communiter tractarent ibidem . omnibus igitur congregatis , tam laicis , quam clericis , & eorum subjectis , magister stephanus coram omnibus recitavit literas domini papae ; in quibus exigebat decimas omnium rerum mobilium , de tota anglia , hibernia , et wallia , ab universis laicis et clericis , ad guerram suam sustinendam , quam contra romanum imperatorem susceperat fredericum . ostendit autem in literis memoratis , quod ipse solus hanc expeditionem susceperat pro * universali ecclesia , quam dictus imperator , jam diu excommunicatus , & rebellis subvertere nicitur , sicut evidentibus apparet indiciis : ( which himself did rather , ) unde * divitiae sedis apostolicae cum non sufficiant ad ipsum exterminandum , necessitate compulsus , ab universis ecclesiae filiis implorat auxilium , per quod expeditionem inchoatam , et in parte jam foeliciter prosperatam perducere valeat ad desideratum effectum . persuadet denique dominus papa , in conclusione negocii singulis ecclesiae membris , quatenus sicut filii naturales ecclesiae romanae , quae * mater est omnium ecclesiarum , potenter subveniant , ne quod absit , ipsa deficiente , membra cum capite succumbere videantur . his & aliis in hunc modum in autentico domini papae , patenter expressis , persuasit magister stephanus omnibus qui aderant , ut consentirent , allegans * honorem et commodum , qui posset exinde obtemperantibus provenire . rex autem anglorum , a quo caeteri omnes sp●rabant habere defensionis auxilium , factus est ( quia sic oportuit ●●●ri ) ●aculus a●undineus , cujus fragmenta vulneraverunt in se confidentes : qui romae per procuratores suos ( ut * supradictum est ) ad decimas solvendas fuerat obligatus , non ●potuit contradicere : et cum nihil responderet , visus est tacendo assensum praebere . comites vero , et barones , ac laici omnes , plane decimas se daturos contradixerunt , nolentes baronias suas , vel laicas possessiones romanae ecclesiae obligare . ( an heroick english resolution . ) episcopi quoque et abbates , priores et alii ecclesiarum praelati , post trium vel quatuor dierum deliberationem et murmurationem non modicam , tandem consenserunt ; * metuentes excommunicationis sententiam vel interdicti sibi inferri , si mandatis apostolicis obviarent . consentientes igitur corde quali quali , sub quadam summa pecuniae ●inem conclusissent sibi tolexabili ; nisi ( ut asseritur ) stephanus de segrave , regis tunc consiliarius , vir quidem sui solius amicus , versus in arcum pravum , quadam simoniaca conventione cum magistro stephano facto , ad talem effectum rem perduxit , quod decimas ipsas plenarie sibi exigit et obtinuit , ad damnum ecclesiae et regni inestimabile . sed justo dei judicio , haec fraudulenta procuratio praedicto stephano iusticiario non successit in prosperum . tunc magister stephanus , praelatis omnibus literas domini papae procuratorias ostendit , quibus idem papa ipsum ad dictas decimas colligendas procuratore in constituerat , ut * non secundum taxationem factam in vicesima , quae paulo ante regi data fuerat pro libertatibus obtinendis ; sed secundum quod melius possunt , ad commodum domini papae , et uberius omnia bona et mobilia singulorum taxari . videlicet de omnibus redditibus , proventibus , fructibus carucarum , oblationibus , decimis , nutrimentis animalium , & fructibus , de omnibus obventionibus ecclesiarum . vel aliarum possessionum , quocunque nomine censeantur ; non aliquibus debitis vel expensis aliqua occasione deductis . habuit etiam ex eisdem literis authoritatem contradictores excommunicandi , et ecclesias interdicendi . vnde constitutis procuratoribus suis in singulis comitatibus regni , omnes illos excommunicavit , qui circa decimas ipsas reddendas , vel taxationem faciendam per se , vel per alium , colludium , pactum iniquum , subtractionem vel fraudem aliquam duxerint faciendam . et quoniam negotium festinum exigebat auxilium , praelatis omnibus et aliis sub poena excommunicationis indixit ; ut vel mutuo , vel alio quocunque modo pecuniam perquisitam sibi traderent indilate , ut eam domino papae incontinenti transmitterent , eandem postmodum , decimis singulorum rite taxatis , plenarie recepturi . erat autem idem papa tot & tantis involutus debitis , ut unde * bellicam quam susceperat , expeditionem sustineret , penitus ignoraret . et sic soluto concilio , murmurantibus cunctis , recesserunt . et his ita gestis , misit incontinenti literas suas magister stephanus ad singulos episcopos , abbates , priores , & cujuscunque professionis viros religiosos regni ; sub poena interdicti & excommunicationis , praecipiens , ut tali die tantam pecuniae summam sibi transmitterent de moneta ad pondus denarii probata , & nuper fabricata , ut inde creditoribus domini papae satisfacere posset , & ipsi poenas evaderent interdicti . erat enim in hujus rei executione adeo improbus exactor , ut etiam de frugibus autumni futuri , qui adhuc in herba crescebant , singulos compelleret decimarum sibi precium exhibere . praelati vero aliud remedium non habentes , calices , phialas , philacteria , & alia sacra altaris vasa , quaedam vendiderunt , nonnulla in pignus sub foenore posuerunt . praeterea habuit idem magister stephanus quosdam secum foeneratores nequissimos , qui se mercatores appellabant , usuram sub nomine negotiationis palliantes , qui egentibus , & exactionibus vexatis obtulerunt pecuniam : & urgente memorato stephano , sub poena gravissima , coacti multi mutuo cepere , qui postea in laqueos eorum inciderunt , damna irrestaurabilia incurrentes . continuis maledictionibus , sed occultis , repleta est terra imprecantibus cunctis , exactio suis fiat exactoribus nunquam fructuosa . quod juxta vota populi accidit , quia non habet eventus sordida praeda bonos . ex eo autem tempore non defuerunt in terra anglicana quidem transmontani qui se mercatores nominant , usurarii impiissimi , qui nihil aliud quaerunt nisi in laqueis suis , praecipue quos romana curia angariat , illaqueare . et sic abrasor pecuniarum magister stephanus , domini papae capellanus , anglis foeda reliquit vestigia . solus autem comes cestrensis ranulphus stetit viriliter , nolens terram suam redigere in servitutem , nec permisit de feudo suo viros religiosos vel clericos decimas memoratas conferre ; quamvis anglia et wallia , scotia et hibernia ad solutionem compellerentur . ( a noble president ) hoc autem multis in hac decimatione solatium praebebat & levamen , quod * regna transmarina & longe posita , non sunt ab hac exactione quieta . cumque tandem istarum plenitudo divitiarum ad summum pontificem pervenisset , ipse johanni de bresnes , & aliis militiae suae principibus , ita affluenter eas distribuit , quod graviter cessit in damnum imperatoris , dum municipia ejus & castella in ejus absentia subvertebant . but the emperor making a league for . years with the saracens , and returning unexpectedly from the holy land , interrupted his proceedings , and soon recovered all his castles , so that the pope was enforced by mediation of freinds to stoop to the emperour and make his peace with him , beyond expectation . eodem anno , cum fredericus romanorum imperator terram sanctam christianitati restituisset , & treugas decennales a soldano damasci impetratas , juramento hinc inde confirmasset , in die inventionis sanctae crucis , naves ascendit , ut transito mari mediterraneo , reverteretur in terram suam . sed quoniam audierat , quod a johanne de brennes in●idiae sibi parabantur ( by the popes procurement ) in portubus cismarinis , inconsulte timuit applicare , & ne de ejus captione gauderent inimici illius ; in tuto loco applicuit , praemissis exploratoribus suis , qui conduxerunt illum ad portum securitatis & salutis . cum autem prospere in sicilia applicuisset cum modico comitatu , audivit quod aemuli ejus jam castella multa subjugaverant , & municipia , & quod etiam per terras imperii liberum haberent discursum , & debaccharentur multi papae stipendiarii , affluentia pecuniae inaestimabilis saginati , cum non esset qui eis obviaret . sed cum tandem ejus divulgaretur adventus , confluebant ad eum homines imperii naturales , qui per fidelitatem ei fuerunt astricti . quibus vallatus , & ex aliis adventantibus confortatus , audacter prorupit in hostes , & terras amissas ac castra cepit paulatim revocare . the next year , tempore quadragesimali , imperator romanus contra hostes suos ita invaluit ; quod castra sua & jura omnia ad imperium spectantia , potenter revocavit : quoscunque in castellis suis ex adversariis suis cepit , aut vivos excoriavit , aut patibulo suspendit . johannes vero de brennes , qui hostis ejus erat , & capitaneus post papam , metuens incidere in manus illius , fugit in gallias ad natale solum , cum stipendiariis suis quos dominus papa rapinis religiosorum ditavit , & praedis a pauperibus captis undecunque honoravit . et sic mediantibus amicis & viris religiosis , statutae sunt treugae inter dominum papam , & ipsum imperatorem , quousque in aliquam pacis formam convenirent . afterwards , mense augusti , dominus papa gregorius , & romanorum imperator fredericus , mediantibus utrorumque fidelibus & amicis , in concordiam convenerunt . veniens enim romam dictus imperator , absolutus est : omnibus ad jura imperii spectantibus ex integro revocatis . comederunt ergo simul magnus sacerdos & maximus imperator , in palatio summi pontificis per triduum : gaudentibus cardinalibus & potentatibus imperii , de concordia tam desperata , & tam subito confirmata . which yet afterwards brake forth into greater flames then before . the bishops and clergy having given and paid so large a tenth to the pope , to support his wars against the emperour , to deprive him of his imperial crown and rights , king henry thought it but just , they should contribute towards his own wars , to recover his own rights in france ; whereupon , ad exactionem regis , archiepiscopi , episcopi , abbates , & priores , per angliam totam regi eidem pecuniam dederunt non modicam , quasi per eam subtracta patri suo jura posset revocare in partibus transmarinis . the ungratefull , covetous , ambitious bishops of ireland , at this time usurping upon the antient rights of the crown , by endeavouring to deprive the king of the custody of their temporalties during their vacancy , and their tenants of liberty to sue in the kings courts , without the popes assent thereto ; the king thereupon writ this letter to the pope , and sent command to his proctors strenuously to maintain his right , against these encroachments . domino papae salutem : quociens nova nos perurgent negotia quae sedis apostolicae requirunt aminiculum , totiens ad ipsam sub cujus protectione securi consistere debemus , sicut speramus , confugere necesse habemus . cum igitur in grave praejudicium nostrum et regiae dignitatis laesionem qua praedecessores nostri regis angliae usi sunt et gavisi , jam contendant episcopi de terra nostra hiberniae , ea nos libertate privare , qua nos et praedecessores nostri soliti sumus episcopis hiberniae decedentibus , episcopatuum suorum quamdiu vacaverint habere custodiam ; et quod eorum tenentes de caetero de placitis quae per literas nostras deduci et terminari solent , a curia nostra justitiam non requirant : et ad hoc impetrandum contra nos specialiter episcopum limer . destinaverint , vel destinare proposuerint , ad curiam sanctitatis vestrae ; supplicamus attentius et devote , quatenus per alicujus suggestionem aliquid contra nos impetrare volentis nihil statui permittatis aut concedi , quod jura nostra laedat , aut potestate solita in hac parte nos destituat . taliter preces nostras exaudientes quod contra persequentium nos machinamenta sub alis tuitionis vestrae indempnes consistere gaudeamus . teste rege apud hereff. vicesimo die maii. et mandatum est , magistro r. de cantilupo , h. de nafford , abbati de cliva , & alex. de bassingburne , quod haec contra regem in curia volentibus impetrare , viriliter resistant . ita quod ex hoc eorum fidelitatem & discretionem debeat habere commendatam . teste ut supra . the pope every year more and more encroaching and presuming on the king , not content with the tenth he had granted him the year before , and the kings necessities for monies , presumed to importune him by his letters to bestow an annual pension of . marks upon a citizen of naples , ( most likely a broker for the pope in england ) pretending it would be for his advantage ; which the king denying by reason of his poverty and wars , excused himself to the pope in this modest manner , why he could not gratifie him in this request . domino papae salutem , & debitam patri reverentiam : transmissas nobis sanctae paternitatis vestrae literas quibus pro nobili cive romano neapol . nos rogas●is ut in redditu annuo quadraginta marcarum , certis loco & termino praecipiendo ei providermus , omni qua decuit reverentia recepimus & honore . satis quidem ex earundem literarum continentia attendimus cum civis praedictus de nobilioribus & potentioribus urbis existat , non modicum per se ac suos nobis possit fructuosus existere ; & ea ducti ratione nostri gratiae , potius nostrum quam ipsius civis commodum respicientes , preces hujusmodi pro eo nobis duxistis porrigendas . verum cum occasione guerrae nostrae quam nuper in partibus habuimus transmarinis , & ob causas alias varias tot & tantis militum stipendiis fuerimus honorati , quod & hiis quibus ad praesens obligati sumus , vix respondere sufficiamus : licet preces ac monita vestra parati simus humiliter ac devote pro viribus nostris sicut decet effectui mancipare , in persona memorati civis , quod aegre ferimus , vos exaudire non valemus , unde sanctitatem vestram , ea quae possumus affectione rogamus , quatenus id aures sinceritatis vestrae non offendat , aut aliquatenus vobis displiceat , si faciente insufficientia nostra excusationem hujusmodi vobis praetendamus . certi enim sumus indubitanter & firmiter credimus , quod si statum & honos obligationis nostrae attenderetis , nobis compateremini , qui nobis specialiter in hujusmodi honoribus providere tenemini , & ad nos ex●onorandos patrocinium vestrum impenderetis & consilium . teste meipso apud westmonasterium , xviij . die aprilis . how ready the bishops were to comply with the pope in his unreasonable exactions and tenths , without resistance , you heard before ; how obstinate and averse they then were to supply the kings necessities ; and demands of aydes in parliament , and to stand upon every punctilio of their pretended priviledges , even when the barons , laity , and inferiour clergy supplied him , this passage will inform us . anno domini . vij . calendas februarii , convenerunt ad colloquium apud westmonasterium , rex cum praelatis , & aliis magnatibus regni ; ubi exegit idem rex scutagium , de quolibet scuto tres marcas ab omnibus qui baronias tenebant , tam laicis , quam praelatis . cui richardus cantuariensis archiepiscopus , ( though made archbishop by the kings extraordinary sollicitation at rome on his behalf , to his great expence and prejudice ) et quidam episcopi cum eo audacter resistentes dixerunt , quod non tenentur viri ecclesiastici judicio subjici laicorum , cum absque illis concessum fuisset scutagium in finibus transmarinis . tandem vero , post multas hinc inde disceptationes , negotium , quantum ad praelatos reclamantes pertinebat , usque ad quindecim dies post pascha dilationem accepit . omnes alii , tam laici , quam clerici , ac praelati ; favebant regiae voluntati . how insolently this ungrateful arch-prelate demeaned himself towards the king , by endeavouring to deprive him of the rights of his crown , in wardships , in excommunicating his chief justice , and all other his officers that executed his legal commands , and preserved his royalties in wards lands , after a legal satisfactory answer given him by the king , and appealing to rome against the king , even in a temporal case of wardship , to his trouble and vexation , ( whither he sent proctors to defend his right against this encroachment ) and in going personally to rome without the kings license , there complaining to the pope against the king and his chief justice , of things wherein the pope had no jurisdiction , to enthrall the king and all his officers of justice to his own and the popes arbitrary wills ; these passages will discover . per idem tempus , richardus cantuariensis archiepiscopus , ad regem veniens , conquestus est de huberto justiciario ; quod castellum de tunebruge , cum villa & pertinentiis ejus , & alias quasdam terras gileberti comitis de clare nuper defuncti , quae ad jus suum & ecclesiae cantuariensis spectabant , injuste detinebat . unde idem comes sibi & antecessoribus suis ipse & praedecessores sui ad recognitionem & homagium tenebantur . qua de causa regem rogavit , ut custodiam dicti castelli cum pertinentiis sibi restitueret , & jura ecclesiae cantuariensis conservaret illaesa . ad haec respondens rex , dixit , comitem praefatum de se tenere in capite ; & vacantes custod as comitum , & baronum , & eorundem haeredum , ad suam coronam , usque ad aetatem legitimam , pertinere : unde sibi licere proposuit , tales custodias cui voluerit vendere vel conferre . archiepiscopus vero , cum aliud responsum habere non potuit , excommunicavit omnes invasores possessionum praedictarum , et omnes , praeter regem , ( it was well he was excepted ) qui cum eis communionem haberent . et tam pro his quam aliis de causis romam profectus ; jus suum & ecclesiae suae prosequi maturavit . rex vero è contra , ut causam suam prosequeretur , magistrum rogerum de cantelu romam , cum aliis quibusdam nunciis destinavit . venit hoc tempore ad curiam romanam richardus cantuariensis archiepiscopus , & in praesentia domini papae proposuit haec quae sequuntur . conquestus est in primis de rege anglorum , quod solummodo omnia regni ; negotia per consilium huberti justiciarii , aliis spretis magnatibus , disponebat . item , de justiciario proposuit , quod habeat uxorem , cujus consanguineam prius habuerat sibi matrimonio copulatam : et quod jura ecclesiae cantuariensis invaserat , et injuste detinebat . proposuit etiam , quod episcopi quidam ejus suffraganei , neglecta pastorali cura , sedebant ad scaccarium regis , laicas causas ventilantes , ( and was not the kings cause of wardship such , for which he appealed to the pope ? ) & judicia sanguinis exercentes . item , conquestus est , quod clerici beneficiati , & infra sacros ordines constituti , plures habebant ecclesias , quibus adnexa fuerat cura animarum : & quod insuper , sicut episcopi , ab ipsis trahentes exemplum , curis saecularibus , & laicorum se judiciis immiscebant . his au : tem & consimilibus , coram papa propositis , petiit , ut talibus limam correctionis excessibus adhiberet . ( the later being worthy redresse , were annexed only to countenance the former complaints against the king and hubert , which else would have seemed harsh . ) cumque haec omnia dominus papa diligenti studio intellexisset , & vidisset , quod universa quae proposuerat archiepiscopus , justitia fuerant & ratione subnixa : jussit incontinenti , quatenus archiepiscopi negotia , sive petitiones , expedirentur , justitia mediante . proposuerunt autem in contrarium clerici regis , pro ipso rege et justiciario multa inaniter allegantes : sed parum vel nihil profecerunt , quia , ut breviter dicatur , favor archiepiscopi quicquid petiit , impetravit . ( such was the popes partiality , that this prelate in a bad cause , could over-ballance his own king in a just one , that concerned his royalties . ) erat namque staturae elegantissimae , facundiae , admirabilis , scientia , & moribus incomparabilis ; & allegavit pro eo , causa justa & favorabilis . ( but observe gods justice on this ungratefull , treacherous , usurping prelate , when he had accomplished his designs against the king , he was presently taken away by sudden death , before his return to reap the fruits of his conquest . ) archiepiscopus igitur cantuariensis richardus , cum expletis negotiis suis omnibus pro voluntate sua , repatriare maturavit , apud s. gemmam , in domo fratrum minorum , tertia dieta citra romam , diem clausit obiter supremum , iij. nonas augusti . et sic ipso expirante , expirabant cum eo negotia impetrata . de quo hoc mirabile accidit , quia cum pontificalibus , sicut moris est , corpus defuncti sepeliendum insigniretur ; de nocte venerunt homines illius patriae , qui haec omnia oculo fascinante inspexerant , aperuerunt de nocte sepulchrum , cupientes ut annulum & alia insignia episcopalia fruerentur , nulla vi vel ingenio id potuerunt . de quo , non tamen signato , propositum consummare nequiverunt , recesserunt confusi , & pectora sua , in quibus scelerata corda latitabant , percusserunt . it had been well this archbishop too had repented him of his oppositions against his soveraigns prerogative before his death , whose crown , or chief flower of it ( wardships ) he endeavoured to pull off whiles alive . the pope upon the death of this archbishop ( having deprived the king and monks of their rights in the election of two archbishops before , by the kings and their mutual differences ) endeavoured now to wrest the power out of both their hands in the election of a third , in whose election they both concurred to prevent his feared usurpation , as this history will demonstrate . defuncto , ut dictum est , richardo cantuariensi archiepiscopo , decreverunt monachi cantuariae radulphum de nevilla , cicestrensem episcopum , sibi in praesulem postulare , qui erat regis fidelissimus cancellarius , et inconcussa columna veritatis , singulis sua jura , praecipue pauperibus singulis , juste reddens , & indilate . in multis regni perturbationibus stans directe ; non arundo quolibet vento agitata , nec declinans ad dextram vel sinistram . constanter igitur petierunt eum monachi memorati quasi dignissimum & idoneum ecclesiae suae approbatum defensorem , potentem verbo & opere , ut foeliciter beato thomae succederet assimilatus , qui de cancellario factus est archiepiscopus . facta igitur rite electione , praesentaverunt eum regi viij . calend. octobris . quem rox gratanter , quantum ad se pertinebat , acceptans , de maneriis et rebus aliis ad archiepiscopatum adjacentibus , illum protinus investivit : ( before his approbation by the pope , or consecration here . ) et monachi romam profecturi , ad electum suum venientes , petierunt ab illo auxilium ad expensas itineris & servitium curiae romanae , & si qua sunt similia . sed ille sentiens in animo , illud non penitus carere scrupulo simoniae ac ambitionis , plane affirmavit , quod propter hoc eis nec obolum unum donaret , manus tendens in coelum , & dicens : domine deus omnipotens , si vocandus sum , licet indignus , ad archipraesulatus officium , fiat hoc te disponente . si autem in hac sollicitudine cancellariae , ne● non minoris officii , cui assignor regno & populo tuo sum necessarius , non recuso laborem , fiat voluntas tua . monachi vero , viri constantiam potius , quam rebellionem in hoc verbo pensantes , non ideo minus romam profecti , electionem sive postulationem factam , petierunt a papa , ut authoritate sua confirmaret . dominus itaque papa , facta , ut dicitur , a magistro simone de langetuna diligenti inquisitione de persona postulati , respondit , illum curialem esse , & illiteratum , rapidum in verbo , ac festinum : & quod durius est , si ad illam dignitatem promoveretur , moliri volentem , ut * anhelante ad hoc rege , cum toto regno juvante , excuteret angliam de sub jugo domini papae et curiae romanae , qui eidem tenetur sub tributo , ut soluto vinculo tributi , quo irretivit eam rex johannes , solita deo et ecclesiae sanctae serviret libertate . et ad hoc vellet usque expositionem capitis decertare , innixus juri et appellationibus stephani cantuariensis archiepiscqpi , quas fecit solenniter idem stephanus ante altare sancti pauli , in ecclesia cathedrali londinensi , cum redderet coronam angliae memoratus rex johannes in manus legati , conficiens scriptum toti mundo execrabile . papa autem his auditis sermonibus , radulphi postulationem infirmavit , nulla●ue indicta causa pronunciavit ixritum . sic volo , sic ●u●eo , stet pro ratione voluntas . monachorum postulatione cassata , concessit papa , ut conventus cantuariensis alium archiepiscopum , ac ta●em eli●erent , qui sibi esset pastor animarum salubris , et ecclesiae utilis anglicanae , et romanae fidelis ac devotus . monachi igitur domum reversi , conventui retulerunt , quomodo fuerant a suo de●ider●● defraudati . this was a very high usurpation and affront to the king , to reject this archbishop duly and unanimously elected by the monks , and approved by him , only because he was faithfull to the king and kingdom , and likely to prove an enemy to the popes usurped interest ; therefore they must elect one faithfull and devoted to the church of rome , though treacherous to the king and kingdom . the monks hereupon petitioned the king to grant them his license to proceed to a new election , according to the popes mandate directed to them ; in which papal mandate the king perceiving some clauses prejudicial to the rights of his crown , issued out this memorable prohibition to the monks of canterbury , not to do any thing prejudicial to the rights of his crown , nor to elect any person archbishop without his special license , nor to send any monks to rome , by the popes command , to elect an archbishop there . rex , dilectis sibi in christo priori & conventui ecclesiae christi cantuariensis , salutem in domino . cum ex parte vestra accessissent ad nos quidam monachi vestri , petentes a nobis licentiam eligendi , ostendentes etiam nobis mandatum apostolicum vobis directum de electione vestra infra certum tempus celebranda , nos praedictum mandatum diligenter inspicientes , quaedam in ipso contenta perspeximus , per quae quibusdam casibus contingentibus , nobis et juri nostro possit praejudicium generari . hinc est quod vobis mandamus districte inhibentes , quatenus occasione praedicti mandati vobis directi , nihil in praejudicium nostrum vel juris nostri attemptare curetis ; et praecipue si contingat vos mittere aliquos de vestris ad curiam romanam cum potestate eligendi ; quod ibi nullam electionem celebrent licentia prius a nobis non petita : cum hoc manifeste in praejudicium , ( sit ) tum juris et privilegii nostri , quam possessionis nostrae per consuetudinem hucusque approbatae et optentae . appellamus etiam ne quid contra praemissa in nostri praejudicium attemptare curetis . et ad innovandam appellationem nostram coram vobis magistrum r. de cantilupo , latorem praesentium procuratorem nostrum constituimus . teste meipso apud lamph . undecimo die marcii . the monks in pursuance of this prohibition , by the kings license , elected john their prior archbishop , conventus cantuariensis elegerunt j. priorem suum in archiepiscopum & pastorem animarum suarum . qui cum esset regi praesentatus , & ab eo receptus , profectus est romam , ut electionem ritè factam , impetraret à sede apostolica confirmari : whom the king by these his letters patents approved , desiring the pope to confirm him , and likewise made new proctors in the court of rome concerning this election . domino papae salutem . reversis nuper in angliam nunciis ecclesiae cantuariensis a curia romana , negotio pro quo sedem apostolicam adierunt infecto . prior et monachi ejusdem ecclesiae iterato petierunt a nobis licentiam eligendi , optentaque gratanter a nobis licentia , subprior et conventus ecclesiae memoratae , dilectum nobis i. priorem suum unanimiter in patrem sibi elegerunt , et pas●orem . cumque ipsum nobis praesentassent , electioni de eo factae tanquam de viro provido et honesto , regium assensum praebuimus et favorem . idque sanctitati vestrae duximus significandum , rogantes quatenus favorabiliter , quod vestrum est in hac parte exequi dignemini . in cujus , &c. teste rege apud merleberg . vicesimo secundo die martii . rex , omnibus ad quos praesentes literae pervenerint , salutem . sciatis nos dilectos & fideles nostros p. sarracen . & petrum grimbald , constituisse procuratores nostros ad impetrandum & contradicendum in curia romana , vel eorum alterum si ambo ad hoc interesse non possint . in cujus , &c. dur . usque ad festum sancti michaelis . anno , &c. xvi . teste meipso apud westmonasterium , vicesimo quinto die aprilis . the king to promote his affaires the better in the court of rome , where they of late miscarried though never so just , granted annuities to some cardinals , to obtain that justice from them by such pensions , which he could not procure without them , whereof take this one president , recorded with the two preceding patents . rex , concessit reinero titulo sanctae mariae in cosmedin . diacono card. xx . marc. singulis annis , ad festum sancti michaelis , percipiendas ad scaccarium regis , donec ei in competenti beneficio ecclesiastico providerit . teste rege apud westm . xxvij . die aprilis . but yet all this would not prevail against the popes particular design to dispose of the archbishoprick of canterbury to one of his own creatures , by vacating this second election as well as the first , though unanimously and canonically made by the monks , and assented to by the king , and the person elected voyd of any just exceptions the pope could take against him , against whom he yet thus arbitrarily proceeded . venit eodem tempore romam prior johannes , electus cantuariensis , in hebdomada pentecostes . et cum literas suae electionis domino papae exhibuisset , praecepit magistro johanni de columna , & aliis quibusdam cardinalibus , ut examinarent illum , si dignus esset ad culmen hujusmodi promoveri . qui cum examinassent per triduum electum illum , in decem & novem , ut dicitur , articulis diligenter ; protestati sunt coram domino papa , se causam in ipso legitimae recusationis non invenisse . veruntamen visum est domino papae in electo memorato , quod nimis esset senex et simplex , et ad tantam insufficiens dignitatem . et cum persuassisset ei , ut cederet , electus humiliter factae electioni renunciavit , et licentiam petiit repatriandi . tunc papa , ( cujus sola voluntas vim legis habuit ) concessa licentia , monachis ipsis praecepit , ut alium talem eligerent , cui onus suum communicare , et curam posset committere pastoralem . hereupon the monks proceeded to a third election , tertio itaque , j. cognomento blundus , clericus apud oxon. in theologia stu●ens , ac legens , in archiepiscopum cantuariensem electus est . qui à rege susceptus , cum monachis quibusdam cantuariensibus romam profectus est , ut electionem suam confirmari●a sede apostolica impetraret . but this third person , though duly elected and approved by the king , sped no better then the other two elected , being cashiered by the pope , as our historians thus relate . per idem tempus cassatus est magister johannes blundus cantuariensis electus . divulgatum quidem erat romae , quod post electionem suam acceperat ex dono petri wintoniensis episcopi mille marcas argenti ; praeter alias mille marcas , quas eidem johanni crediderat , ut promoveretur : unde constat manifestè quod magis ei nocuit quam profuit familiaritas episcopi memorati . scripsit etiam idem episcopus imperatori , ut suas partes interponeret , circa promotionem praedicti johannis versus papam : unde papa perpendens notam symoniae & ambitionis , dixit in corde ●uo illud ovidianum : et stricto supplicat ense potens . unde cor domini papae non erat bene cum eo . praeterea confessus fuerat romae idem johannes , ut dicitur , quod duo habebat beneficia ; quibus cura annexa fuit animarum , contra statuta concilii generalis ; qua praesumptione , quia * carebat dispensatione , creditur reprobatus ; licet allegatum fuerit contra , quod ea possederat ante concilium . ( you see the reason of vacating these elections in the popes ensuing words , ) sed quoniam jam cassatis tribus ecclesiae cantuariensis electis , praefata fuit diu ecclesia a pastore viduata , similis facta sarae uxori tobiae , & filiae raguelis , tot viris viduatae ; dedit monachis , qui cum electo cassato venerant , potestatem eligendi magistrum edmundum , ecclesiae sarisburiensis canonicum : ( which himself alone had pitched upon , and recommended to them ) virum honestae conversationis , & bene literatum , in pastorem animarum suarum . cui etiam pallium transmisit , ne tanta sedes metropolitana a pastore diutius frustraretur . monachi cantuarienses vero qui roma fuerant , nec ipsum edmundum , instante ne papa quidem , nec alium quemlibet , nisi de consensu regis et conventus sui recipere decreverunt . papa enim tanquam ex taciturnitate monachorum , qui aperte contradicere non audebant electo , transmisit pallium , quo ductus in absentem , peregrinum et ignotum motu haud scimus ex historiis , ( writes his successor matthew parker ) but no doubt some golden or silver spring was the true cause of this extraordinary papal favour , and collating of him to this archiepiscopal see , without any further election by the monks that i can finde ; about a year after he was consecrated at canterbury , ( most probably by the kings consent , he being present at his consecration ) thus related by our historians . eodem anno , ( . . h. . ) in ecclesia christi canturiae consecratus est aedmundus ejusdem ecclesiae electus , a rogere londinensi episcopo , in archiepiscopum cantuariensem , dominica qua cantatur , laetare hierusalem , quae tunc fuit quarto nonas aprilis ; praesente rege , cum xiij . episcopis . et eodem die missam cum pallio , quod caute ei de curia romana simon de legro , ejus ecclesiae monachus , detulerat , solemniter celebravit . this see continued voyd above . years after richards death , by reason of this popes vacating three successive due elections to it , to make way for edmund , recommended to it by himself , without the kings or monks consent , who by the popes vacating their . former elections without any right ground , but his own papal pleasure , found it bootlesse to withstand his consecration , after the pope had nominated him archbishop and sent him a pall as an earnest of its fruition , in despite of king or covent . now i return to my chronological method interrupted by these treble elections , to make them more intelligible and intire . anno . the king in a parliament at westminster , demanding an ayde to pay his debts incurred by his wars : praelati regi respondentes , dixerunt ; quod episcopi multi & abbates , qui vocati erant , non fuerunt praesentes , & sic petierunt inducias , quousque ad diem certum possent omnes pariter convenire . praefixus est itaque dies , a quindecim diebus post pascha : ut omnibus congregatis , tunc fieret quod erat de jure faciendum . they being backwards to supply the king , though overcomplyant to the popes exactions . this popes , his legates , and agents usurpations , by exactions , provisions , disposing churches to aliens , and other innovations , at this time became so intollerably oppressive , tyrannical to all sorts of people in england , that by several letters of complaint dispersed against them , there was stirred up a general commotion and opposition against them throughout england , thus recorded by mat. paris . suborta est hac tempestate in anglia maxima rerum perturbatio , immo ut verum fateamur , indiscreta praesumptio , propter romanorum insolentiam clericorum ; quae tam nobiles regni , quam ignobiles , ad temerariam compulit ultionem sicut in subscriptis expressum continetur . tali episcopo & tali capitulo , universitas eorum , qui magis volunt mori , quam a romanis confundi , salutem . qualiter circa nos , et alias personas ecclesiasticas angliae , hactenus se habuerint romani et eorum legati , vestram non dubitamus latere discretionem ; beneficia regni suis , secundum quod eis placet , conferendo , in vestrum , et omnium aliorum regni intollerabile praejudicium et gravamen . in vos etiam & coepiscopos vestros aliasque personas ecclesiasticas , ad quos collatio beneficiorum pertinere dinoscitur , quod magis dignum est pro confusione notari , suspensionis sententias fulminando , ne alicui de regno beneficia conferatis , donec quinque romanis nec dum proprio nomine nominatis , imo , nato rumfridi , et nato talis et talis , in singulis ecclesiis vestris per totam diocesin sit provisum , unicuique eorum in redditu centum librarum . alia etiam gravamina quam plurima tam laicis et magnatibus regni super advocationibus suis , et eorum eleemosynis , ab eis et antecessoribus suis datis in pauperum regni sustentationem , quam clericis et aliis viris religiosis regni , super rebus et beneficiis , inferendo . nec praemissis contenti , ad ultimum a clericis regni beneficia quae obtinent , ut ea romanis conferant , non secundum quod decet , sed sicut eis placet , auferre volentes in eis , illam intendunt prophetiam adimplere : spoliaverunt aegyptios , ut ditarent hebreos , multiplicando gentem suam , non magnificando laetitiam . sic dolorem dolori nobis et vobis omnibus accumulando , ut melius nobis videatur mori , quam vivere sic oppressi . vnde licet grave sit nobis contra stimulum calcitrare , tamen quia qui nimis emungit , elicit sanguinem , nos severitatem eorum animadvertentes , qui ab initio tanquam advenae sunt ingressi romam , nunc autem nos non tantum judicare , sed etiam condemnare intendunt , allegantes onera importabilia , quae nec in se , nec in suos digito movere volunt . de communi consilia magis eligimus , licet tarde , resistere , quam eorum oppressionibus intolerabilibus amplius subjacere , seu majori subjici servituti . hinc est quod vobis mandamus , districte inhibentes , quatenus cum nos ecclesiam , regem similiter et regnum nitamur a tam gravi jugo servitutis eripere , circa eos qui de romanis vel eorum redditibus se intromittunt , nullas partes vestras interponere praesumatis , pro certo scituri , quod si hujus mandati , quod absit , extiteritis transgressores , quae vestrae sunt incendio subjacebunt , et poenam , quam romani incurrent , in personis , vel possessionibus vestris indubitanter incurretis . valete . item religiosis & aliis , qui habent ecclesias romanorum ad firmam , universitas praedicta salutem . cum post innumerabiles confusiones et infinita gravamina , quae romani , ut scitis , regno angliae inflixerunt ad praesens ; in praejudicium regis et magnatum regni , circa advocationes ecclesiarum suarum , et eorum eleemosynas qui clericos regni spoliare nituntur beneficiis suis , ut ea romanis conferant , in majorem regni , et nostri confusionem , de communi consilio magnatum elegimus , licet tarde , resistere , quam eorum oppressionibus intolerabilibus de caetero subjacere , et eos per subtractionem beneficiorum suorum per totum regnum , quod aliis intendebant inferre , sic arctare , ut a regni molestatione desistant . hinc est quod vobis mandamus , districte injungentes , quatenus de firmis ecclesiarum , sive de redditibus camerarum quas de romanis habetis , vel debetis eis , de caetero non respondeatis . sed dictas firmas et redditus habeatis paratos incrastino dominicae , qua cantatur , laetare hierusalem , procuratori nostro literatorio a nobis ad hoc dato : abbates scilicet et priores , in eorum monasteriis : a lii vero praesbyteri , et clerici , vel laici , ad proprias ecclesias tradituri . pro certo scientes , quod si hoc non feceritis , quae vestra sunt incendio subjacebunt , et nihilominus periculum , quod romanis imminet in personis imminebit valete . his ita gestis , praedicta universitas misit per milites & ministros literas has , novo quodam sigillo signatas , quo sculpti erant duo gladii , & inter gladios scriptum erat , * ecce gladii duo hic ; in modum citationum ad ecclesias regni cathedrales : ut si quos invenirent contradictores , juxta quod provisum fuerat punirent eos . per id tempus , . cal. januarii habitum est apud sanctum albanum ingens consistorium abbatum , priorum , archidiaconorum , cum fere tota nobilitate regni magistrorum & clericorum : qui omnes ad hoc convenerunt per mandatum domini papae , ut celebrarent divortium inter comitissam essexiae , & virum suum ; si ratio id dictaret . in crastino autem , consistorio soluto , cum singuli redirent ad propria , clericus quidam romanus , nomine cincius , qui ecclesiae sancti pauli londinensis erat canonicus , per praedictam universitatem , ( ut creditur ) non longe a villa sancti albani captus est , & abductus a viris armatis , & capitibus velatis . sed magister johannes florentius norwicensis archidiaconus , qui huic consistorio affuit , ab hac captione evasit ; & ad urbem londoniensem fugiens , delituit ibidem multis diebus . cincius vero post quinque septimanas , crumenis ( ut dicitur ) evacuatis , ad urbem londinensem sanus & incolumis est reductus . anno domini . rex anglorum henricus fuit ad natale apud wintoniam cui petrus ejusdem urbis antistes necessaria omnia procuravit ; & festiva tam regi , quam suis exhibuit indumenta , cum donativis . in illis autem diebus natalitiis distracta sunt horrea de wingham cujusdam romani ditissima , per praedictam universitatem , ut creditur , a paucis armatis servientibus & capitibus velatis . procurator vero illius ecclesiae & custos , cum talem violentiam inspexisset , venit ad vicecomitem regionis ; & de violata pace regis , & injuria domino suo illata ei patenter ostendit . ac vicecomes mittens ad locum ministros suos cum militibus quibusdam vicinis , jussit inquiri , quidnam hoc esset . venientes quoque ad horrea milites memorati , invenerunt homines illos armatos & sibi penitus ignotos , qui jam ex maxima parte horrea evacuaverant , & bladum bonis conditionibus & ad commodum totius provinciae vendiderant ; sed & pauperibus charitative petentibus ex animo conferebant . milites vero qui advenerant , cum interrogassent eos ; unde essent , qui pacem regis offendere , & talia facere praesumebant ? illi continuo milites seorsum vocantes , ostendebant literas regis patentes adulterinas & sophisticas , prohibentes ne quis eos praesumeret impedire . at milites hoc audientes , tam ipsi quam alii , qui advenerant , pacifice recesserunt . sicque infra dies quindecim distractis omnibus , armati illi de loco recesserunt , loculis plene refertis . tandem cum haec violentia ad notitiam rogeri londonensis episcopi pervenisset , convocatis decem episcopis in crastino beatae scholasticae londoniis in ecclesia beati pauli , omnes hujus violentiae authores anathematis sententia percussit ; involventes etiam illos , qui in cincium , londinensis ecclesiae canonicum , manus injecerant violentas , cum universitate praedicta , & illis omnibus qui fecerunt sigillum & literas suprascriptas . so much did these bishops comply with the pope out of fear and flattery , to enslave themselves , our church and realm , to the tyrany and rapines of these romish harpyes , whom the people still persecuted and spoiled notwithstanding this excommunication . for eodem anno distracta sunt horrea romanorum per totam fere angliam a viris quibusdam armatis , et adhuc ignotis , bonis conditionibus , et ad commodum multorum . et opus , licet temerarium , in solennitate paschali inchoantes , sine contradictione et libere , quod inceperant compleverunt . largas eleemosynas advenientibus distribuebant egenis , et quandoque nummos inter pauperes seminantes , eos colligere hortabantur . delituerunt clerici romani in abbatiis , de injuriis sibi illatis murmurare non audentes : quia elegerunt potius res suas amittere , quam puniri sententia capitali . erant autem hujus temeritatis auctores viri quasi quater viginti , & quandoque minus , qui magistrum habentes willielmum quendam cognomento witham ( sive robertum de thinge , militem & virum generosum , sed sic palliatum ) ejus omnia obtemperabant praeceptis . sed cum post modicum tempus haec quae facta fuerant , ad summi pontificis notitiam pervenerunt , indignatus est valde ; & misit literas ad regem anglorum mordaces nimis , & increpatorias , quod tales in regno suo fieri permisit rapinas viris ecclesiasticis : non habens respectum ad sacramenta quae juraverat tempore coronationis suae , non solum de pace ecclesiae manutenenda , verum etiam de recta iustitia tam clericis quam laicis conservanda . mandavit igitur in eisdem literis regi , sub poena excommunicationis et interdicti firmiter praecipiens ; quatenus diligenti facta inquisitione , si quos hujus violentiae inveniret auctores , tam graviter puniret obnoxios , ut ex poena illorum caeteris metum incuteret et terrorem . dedit etiam petro wintoniensi episcopo , & abbati sancti edmundi , per literas in mandatis , ut in australi parte angliae , facta inquisitione diligenti , quoscunque hujus rei invenirent culpabiles , tam diu denunciarent eos excommunicatos , quousque romam venirent a sede apostolica absolvendi . similiter in parte regni aquilonari , archiepiscopo eboracensi , episcopo dunelmensi , & johanni natione romano & eboracensi canonico , idem papa eadem inquisitione commissa , praecepit , ut illius violentiae transgressores romam mitterent absolvendos , appellatione non obstante . ( such an imperial mandatory power over the king , bishops and subjects , thus to cite them to rome , did he then usurp . ) facta igitur inquisitione de violentia memorata , tam a rege quam ab episcopis & executoribus predictis , & sacramento mediante cum examinationibus & ●testibus productis , inventi sunt multi transgressores , quidam de facto , quidam de consensu : quorum nonnulli episcopi erant & clerici regis , cum quibusdam archidiaconis , ac decanis , militibus etiam & laicis multis . quidam vero vicecomites , & eorum praepositi & ministri , pro eodem excessu rege jubente , capti sunt , et incarcerati , et alii praetimore sibi per fugam consulentes a quaerentibus non sunt inventi . principalis autem domini regis fustitiarius hubertus de burgo , ex hoc arguitur fuisse transgressor , quod praedonibus illis tam literas regis patentes , quam proprias exhibuerat , ne quis eos de praefata violentia praepediret . venit praeterea ad regem inter caeteros , robertus de thinge , juvenis elegans , & miles strenuus , ex partibus angliae aquilonaribus originem praeclaram ducens : qui aliis consentientibus , fruges romanorum vendiderat , & willielmum wither se nominari fecerat , quinque servientes armatos , & hujus violentiae auctores circumduxerat : protestans manifeste , quod in odium romanorum , & causa justae ultionis transgressus fuerat , qui per sententiam romani pontificis , et fraude manifeste nitebantur eum ab unica , quam habuit ecclesia , spoliare . addidit etiam , quod maluit ad tempus injuste excommunicari , quam suo beneficio sine iudicio spoliari . tunc rex & executores praefati , militi dederunt consilium , ut quia in canonem latae sententiae inciderat , romam absolvendus properaret : & jus suum coram domino papa protestaretur , & quod ecclesiam juste pariter & canonice possidebat . dedit etiam ei rex literas ad papam testimoniales , de jure suo deprecans obnixe , ut militem illius intuitu exaudiret . eodem anno , rogerus londinensis episcopus , accusatus inter alios de consensu super districtione frugum romanorum , saltem de consensu , profectus est ad sedem apostolicam , ut suam ibi purgaret innocentiam . qui post multos labores , & spoliationem obiter , & emunctionem loculorum in curia , demum vexatus inaniter remeavit . nec multo post aegre sustinens usurarios christianos , quos caursinos appellamus , in civitate sua habitare , & foenora sua variato nomine palliantes exercere , conabatur eos a diocaesi sua propulsare ; sed ipsi recalcitrantes romanae curiae fulti patrocinio , ipsi , post multos quibus exagitaverant , labores , silentium imposuerunt . such was the tyranny , usury of the pope and his instruments , and so ineffectual the power either of the king or bishops to withstand or redresse their intollerable usurpations and exactions . you heard before out of matthew paris , that the king upon the popes peremptory mandate to him , issued forth writs to inquire after and punish those who seised on the goods , and threshed out the corn of the romans ; i shall present you with two of them out of our records . mandatum est vicecomiti hereford , quod sicut seipsum diligit , & in fide qua regi tenetur , diligenter inquirat per sacramentum proborum & legalium hominum de comitatu suo , qui homines se fecerunt de familia wither . vel cujuslibet alterius , & itinerantes fuerunt per eundem com. ad triturandum & vendendum blada , & alia bona clericorum romanorum , & aliorum distrahenda & asportanda ; & qui homines de com. tuo dicta blada manibus suis trituraverunt , & eadem blada & alia bona vendiderunt & distraxerunt . omnes autem eos de balliva sua quos inquirere poterit , ibidem sic itineratos fuisse , capiat , & in prisona regis salvo custodiat , donec a rege aliud habuerit mandatum ; & eos qui dicta blada trituraverunt , & eadem bona & alia bona vendiderunt & distraxerunt , ponat per vadium , & salvos plegios , quod sint coram rege quando praeceperit , inde responsuri , & inquisitionem inde factam sub sigillo suo , & sigillis eorum per quos facta fuerit , regi mittat ; & hoc breve . teste rege apud westmonasterium octavo die maii. eodem modo scribitur omnibus vicecomitibus angliae . what execution was done upon these writs especially against hubert de burgo , his lands in several counties , this record will evidence . mandatum est vicecomiti essex , quod de manerio de hadfeld peverel , quod est in mann h. de burg. sine dilatione plenam seisinam habere faciat roberto passelewe , ad respondendum de exitibus ejusdem manerii clericis romanis , italicis & aliis , de dampnis eis per ipsum h. illatis , donec super praedictis dampnis eis fuerit satisfactum . teste rege apud westmonasterium septimo die februarii . per ipsum regem . eodem modo scribitur vicecomitibus norff. & suff. de maneriis , de burg , sutherton , beston , leminton , rugham , warnegay , stowe , rouberton , & fineberg . bedf. & buck. de maneriis , de aspel . & henlawe , cum pertinentiis northa pton . de terris in ringsted , chelveston , caldecot , & stanwic . glouc. de terris in elmore . & in menstreworth . eborum , de terris in herthull , dorset , de terra in winfrod . sussex , de terris in flestyng , & porteslad . surr. de terra de stienes , warw. de terra in wuleward . kanc. de terris in tunshal , newton , acholt , ruseland , & kingesdon . noting . de terra in wetel . matthew paris informs us , that this hubert de burgo , anno . being cheif justice of england , the kings principal faithfull counseller , the greatest opposor of the popes usurpations and extortions , was by the power of the pope and of peter bishop of winchester , sodenly removed from all his offices , and impeached of several crimes ; some of them amounting to high-treason , amongst other particulars , most insisted on . rex instanter exegit ab eo ratiocinium de episcopatibus , & custodiis sine warranto ; quae pertinent ad dominum regem . item , de injuriis et damnis illatis , et clericis romanis et italicis , et nunciis domini papae ; contra voluntatem domini regis , per auctoritatem ipsius huberu tunc justiciarij , qui nullum consilium voluit apponere , ut illa corrigerentur ; quod facere tenebatur ratione officij sui , ad justitiarium pertinentis . hereupon hubert , to prevent the rage and danger of his enemies upon those accusations fled to the church of merton , and there took sanctuary , whence the king commanded the major of london by his letters ( the londoners being his mortal enmies ) to pull him forcibly , and bring him to him alive or dead ; which the major and citizens readily undertaking and marching thither with a great force ; the king , by the advice of the earl of chester ( fearing the ill consequence of such a tumult ) sodenly countermanded them thence , to their great discontent . after which hubert to avoyd apprehension taking sanctuary in a chappel in essex , godfry of cranecumbe , ( whom the king sent to apprehend him with . armed men , under pain of death ) finding the chapel dores shut , violently brake them open , apprehended hubert and carried him thence bound with cords , a prisoner to the tower of london . whereupon the bishop of london , under a pretext of violation of sanctuary , made this bold encroachment upon the king and his crown . mane vero facto , cum rogerius londinensis antistes cognovisset , quo ordine hubertus extractus fuisset de capella , venit celer ad regem , increpans eum audacter , quod pacem sanctae ecclesiae violaverat , dixitque , quod nisi ipsum cum festinatione a vinculis liberatum remitteret ad capellam , a qua erat violenter ejectus & extractus ; ipse omnes hujus violentiae auctores excommunicationis sententia innodaret . so insolent were the bishops then grown by the popes example . whereupon rex autem , licet invitus , reatum suum intelligens , remisit hubertum ad capellam , ubi captus fuerat , a militibus armatis , restituitur ab eisdem , quinto calend octobris . quo facto , rex dedit vicecomitibus herefordiae & essexiae in mandatis , sub poena suspendii , quatenus in propriis personis , & cum omnibus hominibus duorum comitatuum , capellam obsidione vallarent , & ne hubertus evaderet , vel a quoquam cibum acciperet , explorarent . at vicecomites praefati , sicut eis praeceptum fuerat ad locum venientes , capellam cum domo episcopi , quae prope erat obsidentes , cinxerunt capellam & locum per gyrum fossato lato satis & alto , decernentes ibi quadragimta dierum excubias observare . et hubertus haec omnia aequanimiter ferens , puram habens conscientiam , ut dicebat , causam suam deo secretorum conscio commendabat , rogans jugiter divinam clementiam , quatenus illum ab instanti periculo liberaret : sicut ipse super omnia honorem regis semper dilexerat , eatenus & salutem . et in praedicta capella die ac nocte precibus incumbebat indefessus . sed rex , ipsius meritis male respondens ; cui tanto servierat studio , quod regi soli sibi placere sufficiebat , nunc in tali statu constitutus est , quod rex omnibus generaliter prohibuit , ne quis pro eo rogaret , vel de huberto in ejus praesentia faceret mentionem . after this ( anno . ) the bishop of winchester conspiring huberts death , he procured a souldier to carry him out of the castle , where he was kept close prisoner in chains , into the church adjoyning ; the rest of the garrison souldiers thereupon running tumultuously to the church , invenerunt eum ante altare crucem dominicam manibus bajulantem . quem atrociter arripientes , & fustibus pariter ac pugnis impie caedentes & pellentes , cum duobus liberatoribus suis illum ad castellum raptim reducunt ; & graviori quam prius custodiae committunt . sed res gesta cum ad aures roberti saruburiensis episcopi pervenisset , ( he in imitation of the bishop of londons president ) venit celeriter ad castellum , praecipiens ipsis ecclesiae violatoribus , ut hubertum ad pacem ecclesiae quantocius reductum , in illo statu quo illum invenerant , dimitterent absolutum . sed castellani tumultuose satis episcopo respondentes , dixerunt , se malle quod hubertus suspenderetur , quam ipsi . et cum illum reducere noluissent , episcopus de commissa sibi potestate , omnes nominatim excommunicavit qui eum detinebant , et qui in eum manus in●icerant violentas . tunc episcopus ille , conjuncto sibi rogero londinensi episcopo , & quibusdam aliis episcopis , venit ad regem , super injuria huberto illata coram eo querelam deponens ; nec prius ab eo recessit , quam huberti liberationem impetravit : & sic in ecclesia concedente , sed invito rege , remissus est decimo quinto calend. novembris . sed rexiratus , vicecomiti provinciae illius dedit per literas in mandatis , ut ecclesiam obsideret , donec hubertus in ea ex ciborum inedia moreretur . such was the insolency and usurpation of these prelates upon the crown , as thus to rescue a prisoner impeached of high treason , even against the kings will , and to excommunicate all his officers , who apprehended him by the kings command ; when as * sanctuarie extended not to every church or chappel , nor yet to cases of treason , and was a most grosse abuse and usurpation upon the crown . the like insolency and encroachment the bishop of london used , in the case of the bishop of carliste . per idem tempus , walterus carleolensis episcopus , quibusdam injuriis a rege sibi , ut dicebat , illatis , apud doveram navem erat ingressus , ut transfretarer . supervenerunt autem quidam ministri regis , ejicientes eum cum suis omnibus de navi : & firmiter ex parte ipsius regis prohibebant , * ne absque illius licentia de regno exiret . applicuit autem tempore quo haec facta erant ibidem , rogerus londinensis episcopus , a curia romana reversus : qui videns injuriam , quae praefato inferebatur episcopo , ( though dover was out of his diocesse and jurisdiction ) excommunicavit omnes qui in eum manus injecerant violentas . et inde profectus ad regem , invenit eum apud urbem herefordensem in wallia cum exercitu copioso . ubi in praesentia regis , & quorundam episcoporu●● , de violentia carleolensi episcopo illata , supradictam excommunicationis sententiam innovavit : ( though quite out of his diocesse ) non mediocriter rege murmurante , et ne talem ferret sententiam prohibente : ( an intollerable insolent presumption and vsurpation on his royal prerogative . ) cum quo etiam omnes qui affuerunt episcopi , illos excommunicaverunt universos , qui huius perturbationis occasionem praestabant . every bishop being then grown a second pope , and sending abroad their thunderbolts of excommunication against the kings officers , for obeying his regal commands , as prejudicial to their pretended privileges . the pope this year to enlarge his jurisdiction over all monasteries throughout england , and other parts of the world , to gain monies by appeals to rome , and make them more submissive to his exactions , appointed special visitors over them in all places by his bulls , expressing in general terms , the viciousnesse and enormities of monks and monasteries in that age , which he held himself obliged both in duty and conscience to redresse , though not to reform his own or agents rapines and excesses . hoc quoque anno , papa gregorius constituit visitatores super viros religiosos per orbem generaliter universum christi nomine insignitum , sub hac forma . gregorius episcopus , venerabilibus fratribus suffraganeis ecclesiae cantuariensis , salutem & apostolicam benedictionem . egressus a facie dei sathan , ad fortia manum mittens , de sua calliditate confisus , vitiorum laqueis ir retire molitur electos , in sortem dominicam evocatos : majores ibi parans ille tortuosus insidiator insidias , ubi graviores conspexerit corruptelas . sane cum frequenter ad nostram audientiam pervenisset , quod monasteria cantuariensis provinciae in * spiritualibus enormiter & temporalibus , per maliciam & incuriam in eis habitantium , sunt collapsa , nos culpas eorum nolentes ulterius sub dissimulatione transire , ne si eas dimiserimus incorrectas , ipsas nostras efficere videamur , monasteriis illis , quae ad romanam ecclesiam nullo noscuntur medio pertinere , in eadem provincia constitutis , visitatores , reformatores , & correctores , tam in capite quam in membris deputavimus speciales . plenaria sibi potestate concessa , ut visitantes eadem monasteria vice nostra corrigant , & reforment , quae in ipsis correctionis & reformationis officio noverint indigere , constitutionibus vel correctionibus aliis in provinciali capitulo ritè factis , in suo robore nihilominus duraturis . licet autem nobis in plenitudinem potestatis assumptis , cura cunctorum immineat generalis , quia etiam vos , qui vocati estis in partem sollicitudinis , super grege vobis commisso specialiter decet esse sollicitos & attentos , ne ovis morbida pereat , universitatem vestram monemus & hortamur , in virtute obedientiae districte vobis praecipiendo mandantes , quatenus singuli vestrum , tam in civitatibus quam in dioce sibus vestris , per vos-ipsos , aut per viros religiosos , qui experimento rerum in hujusmodi visitationibus sunt instructi , loca monachorum , & canonicorum regularium , necnon saecularium clericorum , vobis subjecta , visitare curetis , tam authoritate nostra quam vestra , generaliter universa reformantes & corrigentes , in capite & in membris , omni gratia & timore postpositis , in eisdem quae reformanda noveritis & etiam corrigenda . salvis his , quae circa religiosos in provinciali capitulo provide sunt statuta , juxta constitutionem concilii generalis , contradictores per censuram ecclesiasticam , appellatione postposita , compescendo : praeceptum nostrum taliter impleturi , quod ultionum deus , in illo tremendo judicio , qui unicuique juxta opera sua reddit , de manibus non requirat sanguinem eorundem , & nos , ad limam correctionis apostolicae apponere non cogamur . data spoleti , quinto idus junii , papatus nostri anno sexto . aliis autem ecclesiis & viris religiosis , qui immediate ad romanam spectabant ecclesiam , non episcopos , sed abbates , ordinis cisterciensis maxime , & praemonstratensis , visitatores dedit ; viros scilicet indiscretos , & nimis asperos ; qui in hac visitatione ita insolenter & immisericorditer processerunt , quod pluribus monasteriis rationis metas excedentes , compulerunt multos ad remedium appellationis confugere . qui romam profecti , post multas pecuniae effusiones , & labores , visitatores alios impetrarunt . et ut tandem breviter dicatur , ista visitatio per orbem universum , ad ordinis potius deformationem , quam reformationem processit ; dum omnes , qui in diversis orbis partibus unicam beati benedicti sequuti fuerant regulam , per novas constitutiones ita inveniantur * ubique discordes , quod ex omnibus coenobiis , vel aliis virorum religiosorum ecclesiis , vix duo habeantur in norma vivendi concordes : verum abbas quidam montis belli , dum in hac visitatione procedere formidaret , consuluit dominum papam super dubiis quibusdam articulis : a quo , in forma procedendi , talem meruit habere responsionem . ea quae pro religionis honestate , & religiosorum salute provide ordinantur , apostolico sunt munimine roboranda , ut suscipiantur devotius , & diligentius observentur . cum ergo per dilectum filium abbatem montis belli , quaedam capitula nobis fuerint praesentata , quae ad castigandum transgressiones multiplices & excessus , quos in quibusdam coenobiis invenerant , videbantur pro salute ac honestate nostra laudabiliter statuenda . nos examinari & corrigi fecimus , & praecipimus , ut inviolabiliter observetis , quae sigillis venerabilium fratrum nostrorum hostiensis & tusculanensis muniri fecimus ad cautelam . et adhuc volumus , & praecipimus authoritate apostolica , ut visitatores ad generale capitulum , convocent abbates & priores non habentes , abbates proprios , tam exemptos , quam non exemptos , qui non consueverunt capitulum celebrare , praesidentes in ipso capitulo generali , canonico impedimento ablato . eos igitur qui contempserint , vel neglexerint convenire , cessante cujuslibet appellationis obstaculo , per censuram ecclesiasticam venire compellant , & usque ad satisfactionem condignam , quam in eos tulerint rite , non relaxent . eadem censura facturi , quae in eodem capitulo deliberatione provida fuerint ordinata , firmiter observari , reddituri tam ipsi , quam visitatores , & alii quilibet , ministerii domino , in cujus conspectu nuda sunt omnia & aperta , in extremo examine , rationem . sed & omnem sollicitudinem & diligentiam , circa correctionem & reformationem ordinis ad visitationem coenobiorum studeant adhibere . porro cum visitatores , secundum statuta generalis concilii , in generali abbatum capitulo processerint ad visitationis officium exequendum , de statu monasteriorum & observandis regularibus observantiis , diligenter inquirant , & tam in spiritualibus , quam in temporalibus , corrigant & reforment quae viderint corrigenda : ita quod monachos delinquentes , per abbates loci corrigi faciant , eisque injungi poenitentiam salutarem , juxta beati benedicti regulam , & apostolica instituta , & non secundum normam pravae consuetudinis , quae jam pro lege quibusdam ecclesiis inolevit . ipsi autem visitatores , monachos quos contumaces invenerint & rebelles , juxta modum culpae , vice nostra , regulari censura compellant absque personarum delectu , non parcendo rebellibus ob suam pertinaciam , vel potentiam amicorum : quin ovem morbidam ejiciant ab ovili , ne inficiat oves sanas . si vero abbates in corrigendis , juxta visitatorum mandatum & regularia instituta , seipsis , suisve monachis , inventi fuerint negligentes , proclamentur , corripiantur , & ita puniantur publice in capitulo generali , quod poena eorum sit aliis in exemplum . prout si abbas aliquis non exemptus , fuerit a visitatoribus nimis negligens & remissus inventus , id loci diocesano denuncient sine mora , & per illum detur ei fidus & prudens coad jutor , usque ad capitulum generale . quod si dilapidator inventus fuerit , aut alias merito amovendus , per diocesanum , postquam sibi a visitatoribus fuerit denunciatum , amoveatur absque judiciorum strepitu a regimine abbatiae & a monasterio : provideatur interim administrator idoneus , qui temporalium curam gerat , donec ipsi monasterio fuerit de abbate provisum . quod si forsan episcopus hoc implere noluerit , vel neglexerit : visitatores , vel praesidentes in capitulo generali , defectum episcopi ad sedem apostolicam non differant intimare . haec eadem circa exemptos abbates fieri praecipimus , depositione tantum ipsorum sedi apostolicae reservata . ita tamen , ut abbate , qui videbitur amovendus , interim per visitatores vel in capitulo praesidentes , ab administratione suspenso ; administrator idoneus monasterio deputetur . illorum autem excessus , & alia quae visa fuerint intimanda capitulis , praesidentes nobis denuncient per fideles nuntios & prudentes ; quibus de communi abbatum contributione , juxta cujuslibet facultatem , sufficientes ministrentur expensae . sequentes autem visitatores , priorum perquirant vestigia diligenter visitatorum ; & eorum negligentias & excessus referant sequenti capitulo generali , ut juxta culpam , debitam poenam portent . et haec de visitatione sunt manifestata . item , scripsit dominus papa super eadem visitatione facienda in ecclesiis exemptis , in provincia cantuariensi sitis , in haec verba . gregorius episcopus , servus servorum dei , dilectis filiis de boxle , cisterciensis , & de bekeham , praemonstratensis ordinis , abbatibus roffensis & cicestrensis diocaesum , & praecentori ecclesiae christi cantuariensis , salutem & apostolicam benedictionem . ille callidus supplantator , calumniator iniquus , qui non miratur quod flumen absorbet , nisi & ut jordanis influat in os ejus , escas concupiscens electas , illis jacit pedicas in jacturam , qui stare probabiliter videbantur : * eosque variis incursibus non desinit attemptare , qui , ut ejus effugerent laqueos , se in claustralibus castris receptarunt . quare nos , & istius obviare malitiae , & horum , prout interest nostra , saluti consulere cupientes , libenter remedia quae possumus , procuramus , ut praeda de illius faucibus auferatur . intelligimus siquidem , quod nonnulla monasteria exempta cantuariensis diocesis , in spiritualibus deformata , & in temporalibus sint graviter diminuta : dum * monachi & moniales eorum , diabolica suggestione seducti , immemores pacti domini dei sui , quo non solum sua , sed seipsos professione ordinis abnegarunt ; nec ananiae & saphirae mortis sententiam formidantes , non sine furti nota & noxa , monasteriorum bona impropriè sibi appropriant & retentant , * venantur non vinialiter lucra pecuniaria mercimoniis & usuris , sed & disciplina monastica ordinis profligati personae patent contemptui , & religio blasphematur . ne igitur talium culpas nostras efficere videamur , dum eas reliquerim●s incorrectas , visitationem , correctionem , & reformationem monasteriorum ipsorum , tam in capite quam in membris , vobis , de quorum fide ac discretione indubitatam fiduciam obtinemus , super his & aliis committimus confidenter ; concessa vobis super praedictis , appellatione remota , plenaria potestate , ac statutis in principali capitulo rite factis , in suo robore nihilominus duraturis . quocirca discretionem vestram rogamus , & exhortamur attente , per apostolica vobis scripta , in virtute obedientiae districte praecipiendo mandantes , quatenus praemissa juxta spem nostram talifer exequi studeatis , quod deo gratum , & nobis posset esse acceptum . contradictores , si qui fuerint , per censuram ecclesiasticam , appellatione postposita , compescatis : alioquin in extremo examine de manibus vestris requirat eorum sanguinem dominus ultionum . quod si non omnes his exequendis poteritis interesse , duo vestrum nihilominus ea exequantur . data , &c. mandati igitur hujus executores vehementius , & secus quam deceret , se primo in abbatiam sancti augustini cantuariensis ingerentes , seque supra se incomposite efferentes , praecipue abbas de boxle , adeo monachos perterruerunt , quod ad remedium appellationis coram praesentia domini papae necessario confugerunt : & romam profecti , consumpto labore & effusa pecunia , alios visitatores impetrarunt . similiter & illi de westmonasterio , & illi de sancto edmundo , quorum abbas piae memoriae richardus , cognomento de insula , genere clarus , sed moribus clarior , dum ut parceret expensis , in partibus commorans transmarinis , viam ingressus est carnis universae . abbas vero sancti albani & conventus , privilegiorum eminentiis , quibus insignita est ecclesia beati albani anglorum proto-martyris , innitentes ; inducias semel & iterum petierunt . so as all this visitation and intended reformation ended in appeals to rome , to fill the popes and his officers purses . king henry not only to demonstrate his charity , but piety and supremacy in causes ecclesiastical , erected a special church , house , and forme of government for the jews , converted to the christian religion . circa idem tempus , rex angliae henricus , quandam decentem ecclesiam & congregationem conventuali sufficientem , cum quibusdam aedificiis adjacentibus , propriis sumptibus fabricavit ; in loco ubi domum conversorum , pro redemptione animae suae & regis johannis patris sui , & omnium antecessorum suorum , constituit ; anno regni sui decimo septimo , videlicet londoniis , haud procul a veteri templo . ad quam domum confugientes judaei conversi , relicta judaismi caecitate , sub quadam honesta vivendi regula , certum haberent in tota vita sua domicilium , tutum refugium , et sufficiens vitae sustentamentum , sine servili labore et foenoris emolumento . unde factum est , quod in brevi congregatus est ibidem conversorum numerus copiosus , & ibidem baptizati & christianorum lege instructi , vivunt laudabiliter , perito rectore ad hoc specialiter deputato gubernati . similiter spiritu-sancto tactus , & pietatis intuitu compunctus rex angliae henricus , quoddam nobile hospitale oxoniis constituit , non procul a ponte ; ut ibidem infirmi & peregrini suae remedium reciperent sanitatis & necessitatis . as the king erected this house and church for the converted jews , so by his royal prerogative , upon a complaint the very next year , he resolved , that the wife of a converted jew , who refused to turn christian with her husband in his life time , should have no dower of his house or lands after his death , as this memorable record informs us . ostensum est regi ex parte isaac de cantuar. judaei , quod cum emerit de abbate sancti augustini cantuar. quandam domum in cantuaria quae fuit augustini , conversi , & quam idem augustinus postquam se converterat , dederat praedictae domui sancti augustini , chera judaea , quae fuit uxor praedicti augustini , petit versus praedictum isaac dotem suam , de domo praedicta : quia vero contra justitiam est , quod ipsa chera dotem petat vel habeat de tenemento , quod fuit ipsius viri sui , ex quo in conversione sua noluit ei adhaerere et cum eo converti , mandatum est justic . ad custodiam , &c. quod si ita est , de caetero placitum inde non teneant . teste rege apud cantuar. quinto die aprilis . this year the king received letters from the pope concerning hugh de burgo , the great opposer of his usurpations , ( then in disgrace ) as this record informs us . rex , margaritae uxori h. de burgo , salutem . mittimus ad vos robertum de briwes , vicecomitem norff. & suff. ad loquendum vobiscum super quibusdam literis impetratis in curia romana , pro praedicto domino vestro & vobis , cui fidem habeatis , in hiis quae vobis dicet , ex parte nostra , de negotio praedicto . teste rege apud westmonasterium , septimo die februarii . the bishops meeting together at gloucester anno . the king being jealous that they intended to consult of some things prejudicial to his crown , state , and dignity , ( as they had frequently practised in former times ) sent this memorable writ of prohibition to them , not to treat of any thing of this nature , under pain of seising their baronies . mandatum est omnibus episcopis qui conventuri sunt apud glouc. die sabbathi in crastino sanctae katharinae , firmiter inhibendo , quod sicut baronias suas quas de rege tenent , diligunt , nullo modo praesumant tenere de aliquibus quae ad coronam regis pertinent , vel quae personam regis , vel statum suum , vel statum consilii sui contingunt . scituri pro certo quod si fecerint , rex inde se capiet ad baronias suas . teste rege apud hereford . vicesimo tertio die novembris . after this the king and bishops meeting at a conference at westminster , the king charged some of the bishops with a design and endeavour to deprive him of his crown , which they denyed ; whereupon one of them in a great rage , though out of his diocesse , excommunicated all those who raised such a report of them ; which done , admonishing him to put away his evil counsellors , and reform some other particulars , they threatned to excommunicate the king himself , and all contradictors of their proposals , unlesse they speedily submitted to them ; as matthew paris thus stories . rex anglorum venit ad colloquium apud westmonasterium in purificatione beatae mariae , in quo quosdam episcopos et maxime alexandrum cestrensem episcopum graviter increpavit , de nimia familiaritate comitis mareschalli , et quod ipsum a regni solio depellere nitebantur . episcopus autem ille . praenominatus , pontificalibus indutus , cum talia sibi objecta cognovisset , necnon quosdam qui regi suggesserunt exasperando , episcopos foventes partes mareschalli velle alium regem creare , commotus est vehementer , maxime adversus rogerum de cantelu , legistam , arguens eum sceleris paterni , dicens , quod patris sui proditoris & suspensi pro eadem proditione , sequens vestigia patrissavit . excommunicavit igitur incontinenti omnes , qui contra regem iniquitatem hujusmodi sceleris cogitabant , vel super episcopos , qui omnino de salute et honore regis sollicitabantur , malitiose talia imponebant . et sic manifestata episcoporum ac probata innocentia , confusis discordiae seminatoribus , siluit legista praenominatus , ab anathemate , ut videbatur , non immunis . sic igitur intervenientibus episcopis qui aderant , pacificatus est alexander c●strensis episcopus , & quievit spiritus illius , nimis ante amaricatus . affuit quidem huic colloquio magister edmundus cantuariensis electus , cum multis episcopis suffraganeis , qui omnes regis & regni desolationi condolentes , venerunt ad regem , & quasi uno corde , animo , & ore , dixerunt . domine rex , dicimus vobis in domino , ut fideles vestri , quod consilium quod nunc habetis , & quo utimini , non est sanum nec securum , sed crudele & periculosum vobis & regno angliae ; petri videlicet wintoniensis episcopi , ( a meer fire-brand , and bloody tyrant ) & petri de rivallis , & complicium suorum . in primis , quia gentem anglicanam odio habent & contemnunt , vocantes eos proditores , & facientes omnes sic vocari , & avertentes animum vestrum ab amore gentis vestrae , & corda nostra & gentis vestrae a vobis , quod apparet in mareschallo , qui melior homo est terrae vestrae , quem per mendacia interseminata a vobis elongantes perverterunt . et per hoc idem concilium , scilicet per dictum episcopum , amisit pater vester rex johannes primo corda gentis suae , deinde normanniam , post , alias terras , & in fine totum thesaurum exhausit , & fere dominium angliae , & nunquam postea pacem habuit . per idem consilium temporibus nostris turbatum fuit regnum , & venit interdictum ; et denique factum est regnum tributarium , et princeps provinciarum facta est ( proh dolor ) ignobilibus sub tributo . et inita guerra & diu protelata , mortuus est pater vester quasi extorris , nec in pace regni vel animi , & sic mortem per eos admodum incurrit periculosam . per idem consilium contra vos detentum fuit castellum de bedeford , ubi multum thesaurum & strenuos homines perdidisti : ob quam causam , interim rupellam in ignominiam totius regni tui amisisti . item , perturbatio nunc imminens , toti regno periculosa , per eorum iniquum consilium accidit : quia si per justitiam & rectum judicium terrae tractati fuissent homines vestri , non evenisset ista perturbatio , & haberetis terras vestras non deductas , & thesaurum inexhaustum . item , in fide dicimus , qua vobis astringimur obligati , quod concilium vestrum non est pacis , sed perturbationis terrae , quia sic crescere volunt , qui per pacem non possunt , scilicet per regni perturbationem , & aliorum exhaeredationem . item , quia castella vestra & fortitudinem vestram habent in manu sua , quasi de gente vestra diffidere debeatis . item , quia scaccarium vestrum & omnes custodias & exchaetas maximas habent in potestate sua , placet talis exspectatio , & quomodo vobis respondebunt in fine , ut credimus , comprobatis . item , quia nisi per sigillum vestrum , vel praeceptum sine sigillo petri de rivallis , vix aliquod magnum negotium fit in regno , quasi vos pro rege non haberent . item , per idem concilium naturales homines de regno vestro , de curia vestra expulsi sunt ; unde timendum est tam de vobis quam de regno , cum videamini magis esse in eorum potestate , quam ipsi in vestra , sicut per plurima constat exempla . item , quia puellam de britannia & sororem vestram habent sub potestate sua , & alias plures puellas nobiles , & alias mulieres nubiles , cum wardis & maritagiis , quas dant suis , & disparagant . item , quia legem terrae juratam et confirmatam , atque per excommunicationem roboratam , pariter et justitiam confundunt et pervertunt , unde timendum est , ne sint excommunicati , et vos , eis communicando . item , quia non observant alicui promissionem , fidem , vel juramentum , vel scripturae munimentum ; nec timent excommunicationem . unde qui a veritate recesserunt , sunt desperati , ut qui in timore remanent , diffidentes . haec autem fideliter vobis dicimus , & coram deo & hominibus consulimus , rogamus , & monemus , ut tale consilium amoveatis a vobis , & sicut est in aliis regnis consuetudo , regnum vestrum tractetis per fideles homines vestros , & juratos de regno vestro . denunciamus enim vobis in veritate , quod nisi infra breve tempus ista correxeritis , in vos , et in omnes alios contradictores per censuram ecclesiasticam procedemus , nihil nisi consecrationem uenerabilis patris nostri electi cantuariensis , expectantes : ( an insolent papal speech to , and vsurpation over the king himself . ) et his ita dictis , rex humiliter breves postulavit inducias , dicens se non posse ita subito consilium suum amovere , donec de thesauro suo illis commisso ratiocinium audisset . et sic solutum est colloquium , recedentibus cunctis cum fiducia concordiae , celeriter obtinendae . not long after , the archbishop elect of canterbury being consecrated ; convenerunt ad colloquium dominica prima in passione domini , quae tunc fuit quinto idus aprilis , apud westmonasterium , rex , cum comitibus & baronibus , & archiepiscopus nuper consecratus , cum suis suffraganeis , ut regno perturbato salubriter providerent . archiepiscopus quidem conjunctis sibi episcopis , ac caeteris qui aderant praelatis , ad regem veniens , ostendit ei consilium suum & episcoporum , super desolatione regni & periculo imminenti , replicando suprascripta incommoda , in colloquio superius habito sibi expressa . denunciavit etiam ipsi exprefle , quod nisi celerius errorem dimitteret , et cum fidelibus regni sui pacifice componeret , ipse incontinenti cnm omnibus qui aderant praelatis , in ipsum regem sententiam ferret excommunicationis , ( an undutifull menace to his soveraign lord , to his own face in parliament , ) et in omnes alios hujus pacis contradictores et concordiae perversores . rex autem pius , audiens consilium praelatorum , humiliter respondit , quod conffli●s eorum in onmibus obtempe●aret . unde post dies paucos , intelligens proprium errorem , poenitentia ductus , praecepit petro wintoniensi episeopo , ut pergens ad episcopatum suum , curis intenderet animarum ; & de caetero regiis negotiis nequaquam interesset . petro etiam de rivallis immutabiliter jussit , cujus anglia tota dispositionibus subjacebat , ut redditis sibi castellis suis , & ratiocinium de thesauris incontinenti redderet , & a curia recederet , affirmans eum juramento , quod nisi beneficiatus & in sortem clericorum fuisset admissus , ipse ei ambos oculos eruere faceret . pictavenses insuper omnes , tam de curia sua , quam de castrorum praesidiis expellens , remisit in patriam suam , praecipiens ut ultra faciem ejus non viderent . ac deinde rex , qui modis omnibus pacem sitiebat , misit edmundum archiepiscopum cantuariensem , cum episcopis cestrensi & roffensi , in walliam , ad leolinum & richardum comitem mariscallum , ut cum eis de pace tractarent . et sic rex , dimissis iniquis consiliariis suis , revocavit ad obsequium suum naturales homines de regno suo , subjiciens se consilio archiepiscopi & episcoporum , per quos sperabat regnum perturbatum , ad statum prosperum revocare . which the bishop of winchester had principally disturbed . in this parliamentary assembly ( as i conceive ) it was enacted , that no assize of darraine presentment should be thenceforth taken of a prebendary , as this writ informes us . rex justiciariis itinerantibus in comitatu linc. salutem . sciatis , quod coram uenerabili patre cantuariensi archiepiscopo , et coram majori parte episcoporum , comitum , et baronum totius regni nostri angliae , et coram multis aliis consideratum est , quod nulla assisa de ultima praesentatione unquam de caetero capiatur de aliqua praebenda pertinente ad ecclesiam cathedralem . et ideo vobis mandamus , quod si aliqua talis assisa de caetero coram vobis arran●ata fuerit , illum non capiatis . teste rege apud westmonasterium , duodecimo die octobris . i find mention of this writ , reciting this parliamentary act , in plac. h. . m. . hil. h. . fitzherberts abridgement , title darraine presentment , . and his natura brevium , fol. . d. see e. . quare impedit , . this year * before the statute of merton , h. . c. . ) i find this special writ concerning a tryal and certificate of bastardy , issued to our bishops , as the usual form in that age , and part of this kings prerogative . rex tali episcopo , salutem . sciatis , quod cum a. de tali loco in curia nostra coram justiciariis nostris apud westmonasterium , peteret versus b. tantum terrae in tali villa , idem b. objecit praedicto a. quod nullum jus habuit in terra illa , eo quod natus fuit ante matrimonium sollempniter contractum inter c. patrem & d. matrem ipsius a. et ideo vobis mandamus , quod convocatis coram vobis convocandis rei veritatem diligenter inquiratis , utrum praedictus a. natus fuit ante praedictum matrimonium , vel post ? et inquisitionem quam inde faceretis , nobis scire faciatis per literas vestras patentes . teste , &c. of which more in due place . as the king by his ecclesiastical prerogative and laws determined those to be b●stards who were born before wedlock , against the * popes and bishops canons , who held them legitimate and inheritable , so he by the same prerogative , commanded all common whores , and concubines of priests ( then much in use by reason of their vow of chastity and single life , which made them and schollars most unchaste ) to be imprisoned , and banished out of the university of oxford , by his temporal officers , unlesse they had lands therein , and by oath and other security gave good assurance for their chaste and honest demeanour for the future , and not to resort to clerks lodgings , as appears by this memorable writ . rex majori & ballivis suis oxoniae , salutem . sciatis , quod pietatis intuitu concessimus , quod omnes publicae meretrices & concubinae clericorum , quas coepistis , & in prisona nostra detinetis , eo quod contra probisionem nostram inventae fuerint in villa vestra oxoniae , deliberentur sub tali forma : quod publicae meretrices statim post deliberationem suam , villam nostram exeant ; concubinae vero clericorum tenementa habentes in eadem villa , si juramentum vobis praestiterint , & securitatem sufficientem vobis fecerint , quod de caetero honestae se gerent , non habiturae accessum ad clericos pro quibus sic captae sunt & detentae , post deliberationem suam , libere & sine impedimento stent in eadem villa , & ibidem morentur ; aliae vero domos aut possessiones in eadem villa non habentes , villam exeant ibidem ulterius non moraturae . et ideo vobis praecipimus , quod tam publicas meretrices , quam concubinas clericorum in forma praedicta deliberetis . teste rege apud westm . decimo die julii . if a clerk or beneficed person were indebted to the king , or incurred his just displeasure , the king by his prerogative royal commanded the bishop of the diocesse to sequester all his ecclesiastical benefices , till his debt was satisfied , his displeasure remitted , and the sequestration discharged by special writ , as in this following record . rex venerabili in christo patri t. norwicensi episcopo , salutem . sciatis , quod remisimus richardo de sancto johanne capellano , indignationem nostram , & ipsum in gratiam nostram recepimus . et ideo vobis mandamus rogantes , quatenus omnia beneficia sua ecclesiastica quae habet in diocesi vestra , & quae occasione debitorum quibus nobis tenebatur sequestrari fecistis , eidem richardo restitui faciatis , cum omnibus bonis suis in eisdem beneficiis inventis & proventibus inde perceptis . teste rege apud kenington , sexto die julii . how imperiously the pope intruded himself into the truces between christian kings in general , you heard before , in the popes bull for a general crossado ; how far into these between the kings of england and france , these two ensuing records will inform us . rex , &c. abbati westm . salutem . sciatis , quod assignavimus vobis socium magistrum iohannem blundum quem ad vos mittimus , ut ipse una vobiscum assistat venerabilibus patribus p. wintoniensi , & w. exoniensi episcopis , in tractatu quem de mandato domini papae habituri sunt , cum domino rege franciae de treugis & pace : ita quod super praemissis omnis habeatur tractatus in praesentia vestra sicut idem magister plenius vobis dicet , ex parte nostra . et ideo vobis mandamus rogantes , quatenus laborem praedictum ad commodum & honorem nostrum pro nobis subire velitis , ita quod grates speciales a nobis inde reportare debeatis . teste rege apud gloucest . xxv . die maii. per ipsum dominum regem , praesentibus domino cantuariensi , & aliis episcopis . henricvs dei gratia rex angliae , &c. venerabili in christo patri p. wintoniensi episcopo , salutem . mittimus ad vos fratrem mauric . templarium , profecturum ex parte vestra , & domini exon. cum literis nostris de salvo conductu ad dominum senon . archiepiscopum & episcopum parisiensem , quibus etiam significamus ▪ quod parati sumus parere mandato domini papae super pace formanda , vel treugis prorogandis inter dominum regem franciae , et nos . et ideo mittimus ad opus vestrum & domini exoniensis episcopi , ut salvo & secure possitis ad partes transmarinas accedere si fuerit necesse . rogamus igitur vos quatenus una cum praedicto episcopo , collega vestro quod vestrum est , & quod praedictum negotium deposcere videritis , diligenter exequi velitis : & ut de voluntate nostra vobis conster , scire vos volumus , quod placet nobis , ut si praedictae treugae prorogari non possint usque ad triennium , prorogentur ad terminum quem poteritis optinere . et quia consilium petebatis a latere nostro vobis adhiberi ; vobis significamus , quod dilectos & fideles nostros philip. de albiniaco , & radulphum filium nicholai , qui ad praesens profecti sunt in marchiam pro negotiis nostris , sicut ipsi scitis , vel aliquos alios de nostris quando necesse fuerit , & secundum quod a vobis accipiemus , die & loco quos nobis significabitis ad vos mittemus . teste rege apud wodestock , decimo die maii. eodem modo scribitur w. exon. episcopo . the mandate of this pope specified in these two records , i conceive was grounded upon his universal command to all christian kings and states , to forbear all wars upon this occasion . this insatiable turbulent pope , to extort monies under a pretext of charity and piety to rescue the holy land , even whiles there was a truce with the sarazens , to exhaust all others purses to fill his own , and raise forces to suppresse the citizens of rome , with whom he had then great contests about their priviledges , issued out such an antichristian imperious bull into england and other countries , as trampled the rights , crowns , liberties of all christian kings , kingdoms , cities , clergymen , and christians too , under his papal feet ; and gave every monk imployed in this design authority , for money , to dispense with oathes and vows , made by his own papal command , exhortation , and menaces : witnesse this relation . dum talia mundialis rota volvendo perturbaret in partibus vicinis , in regnis orientalibus sicut & in occidentalibus consimilis , imo molestior inter christianos misera fuit perturbatio . dominus enim papa occasionem sumens a praedicta imperatoris persequutione , argumentosas extorsiones praecipue in anglia excogitans et multiplicans , legatos sub specie simplicium nuntiorum , potestatem tamen habentes legatorum , undique destinavit , qui multifariam exegerunt pecuniam : nunc praedicando , nunc supplicando , nunc praecipiendo , nunc comminando , nunc excommunicando , nunc procurationes exigendo ; per regnum angliae infinitos extorres reddiderunt et mendicantes . et ut efficacius the sauros omnium emungerent , et pecuniam quasi ad succursum terrae sanctae undique colligerent ( cujus tamen pecuniae voluit suos , quos ad hoc ordinaret , esse collectores et dispensatores , nec tamen inde unquam sensit ecclesia promotionem ) scripsit dominus papa omnibus christi fidelibus in haec verba elegantissima , quae corda hominum lapidea viderentur penetrare , nisi facta humilitati ac justitiae luce clarius adversantia sequerentur . grego rius episcopus servus servorum dei , universis domini nostri jesu christi fidelibus per regnum angliae constitutis , ad quos literae istae pervenerint , salutem & apostolicam benedictonem . rachel suum videns in verae fidei cognitione principium accresentium in salutem , & filiorum dexterae pia mater sancta romana ecclesia , cujus magna est quasi * mare de suae prolis internecione contritio , vocem lamentationis , fletus & luctus emisit hactenus , & emittit , quam audiri cupimus in excelso , ut per diem & noctem fidelium oculi dolores lachrymarum deducentes non taceant , & donec misereatur dominus non quiescant . lamentatur autem , quia domus coelestis panis , mons syon , unde lex exiit , civitas regis magni , de qua dicta & scripta multa gloriosa , terra quam dei filius fuso pro nobis suo sanguine consecravit , regni robur perdidit & fortitudinem . flet , quia quondam libera sub impio tyrannidis jugo cogitur anc●llari . luget , quia ubi pacem multitudo caelestis militiae cecinit , ibi pressurae gentis immundissimae scandalorum spurcitie , abominabiles simultates & schismata suscitavit , ac innovans exordia praeliorum misit ad desiderabilia manum suam , & sacrorum ordinum pias leges , & ipsius naturae jura relegans a templo domini , diversis ibidem spurcitiis detestabilibus , & ignominiosis vitiis introductis , turpiter in suo stercore computrescit . et ideo hierusalem in suis derisa sabbathis , obsorbuit , quasi polluta menstruis suosinter inimicos . nam licet dudum charissimo in christo filio nostro frederico romanorum imperatori semper augusto , hierusalem & siciliae regi illustri , civitas eadem praeter templum domini , fuerit restituta : tamen quia deus omnipotens tunc magnificentius agere cum populo suo christiano non adjecit , imperator praedictus treugas iniit cum soldano : quarum terminus adeo est vicinus , quod tempus medium praeparationi vix sufficere creditur nisi ad quaeque necessaria per promptitudinem , spem & fervorem fidei festinetur . ad ejus ergo succursum , nullum taedeat peregrinari , & pro patria certare cum spe victoriae , pro corona mori , pro illo sustinere dura & tristia , qui confusione concepta , sputo conspersus , caesus alapis , flagellis afflictus , coronatus spinis , coram pilato sisti tanquam multorum criminum reus , pertulit crucisixus ad ultimum , & potatus felle , lancea perforatus , emittens cum clamore valido spiritum , pro conditionis humanae viribus reparandis , cursum praesentis vitae saturatus injuriis consummavit . hic est , ut repetamus altius , qui de paterno solio gloriae , coelis mirabiliter inclinatis , ad nostrae mortalitatis ima descendens , non dedignatus est deus & homo , creator fieri creatura , suscipere dominus formam servi : ut qui non poteramus per nostram justitiam sperare veniam , consecuti per haec gratiam inauditam , haeredes dei , cohaeredes vero christi , divinitatis consortium , foelicitatis aeternae participium sortiremur . et licet per gratiam adoptati , quotidie causas ingratitudinis cumulemus , ipse tamen abundat in divitiis bonitatis dum propter diversitatem voluntatum , virium facultatem delinquentibus , diversa pro tempore satisfaciendi genera contulit , varia medendi languentibus remedia suscitavit ; dum terram , in qua nasci , mori , & resurgere voluit , tam diu ad exercitationem fidelium ab infidelibus detineri permittit , cum non sit abbreviata manus domini , nec virtus ejus in aliquo diminuta , quin eam , sicut fecit cuncta de nihilo , liberare valeat in momento . sed illas compassionis & dilectionis gratias exquirit ab homine , quibus ad omnis consummationis finem legisque plenitudinem ostendendam , ipse prior homini perdito & damnato voluit miseratus adesse : qui nullatenus permisisset manus impias contra pios usque adeo roborari , nisi & suam vindicari de nostra confusione providisset injuriam , & servari nostram de sua victoria disciplinam . sub hac occasione delicati plurimi satisfacere pro modo criminum non valentes , nec volentes , velut in profundo malorum penitus desperassent , nisi occurrisset eis haec tabula : ut per hoc compendium suis positis pro christo animabus consummati , breviter multorum temporum spacia complevissent . multi etiam invenire locum ubi steterunt pedes domini cupientes , prius ad bravium sine cursu , vel potius ad coronam sine gladio pervenerunt ; illo suum remunerante militem , qui solam considerat in oblatione voluntatem . ut autem propter praemissa fideles efficaciter & potenter expergiscantur ; nos de omnipotentis dei misericordia , & beatorum petri & pauli apostolorum authoritate confisi , ex illa quam nobis deus , licet indignis , ligandi atque solvendi contulit potestatem , omnibus qui laborem istum in propriis personis subierint & in expensis , plenam suorum peccaminum , de quibus * veraciter fuerint corde contriti , & ore confessi , veniam indulgemus : & in retributione justorum salutis aeternae poll cemur augmentum . eis autem qui non in personis propriis illuc accesserint , sed in suis duntaxat expensis , juxta facultatem & quantitatem suam viros idoneos destinaverint : & illis similiter , qui licet in alienis expensis , in propriis tamen personis accesserint ; plenam suorum concedimus veniam peccatorum . hujus quoque remissionis volumus et concedimus esse participes , juxta quantitatem subsidij et devotionis affectum ; omnes qui ad subventionem ipsius terrae de bonis suis congrue ministrabunt . personas quoque ipsorum et bona , ex quo crucem susceperunt , sub beati petri et nostra protectione suscipimus . nec non & eadem sub archiepiscoporum , episcoporum & omnium praelatorum ecclesiae dei defensione consistant . statuentes , ut donec de ipsorum obitu vel reditu certissime cognoscatur , integra maneant , & secura consistant . porro , ecclesiarum praelati , qui in exhibenda justitia cruce signatis , & eorum familiis negligentes extiterint , sciant se graviter puniendos . quod si quisquam contraire praesumpserit , per ecclesiarum praelatos , appellatione postposita , censura ecclesiastica compescatur . si qui vero proficiscentium illuc ad praestandas usuras juramento tenentur astricti ; creditores eorum per ecclesiarum praelatos , ut remittant eis praestitum juramentum , & ab usurarum exactione desistant , eadem praecipimus districtione compelli . quod si quisquam creditorum eos ad solutionem coegerit usurarum , eum ad restitutionem earum simili cogi animadversione mandamus judaeos vero ad remittendos ipsis usuras , per saecularem compelli praecipimus potestatem . et donec illis remiserint , ab universis christi fidelibus , tam in mercimoniis quam aliis , per excommunicationis sententiam eis omnino communio denegetur . his vero , qui judaeis debita solvere nequeunt in praesenti , sic principes saeculares utili dilatione provideant , quod post iter arreptum , usquequo de ipsorum obitu vel reditu certissime cognoscatur ; usurarum non incurrant incommoda : compulsis judaeis proventus pignorum , quos interim perceperunt in sortem , expensis hecessariis deductis , computare . cum hujus beneficium non multum videatur habere dispendii : quia solutionem sic prorogat quod debita non absorbet . ut autem terrae sanctae subsidium divisum in plurimos facilius impendatur , obsecramus omnes & singulos per patrem , & filium ● & spiritum sanctum , unum , solum verum aeternum deum , postulantes vice christi , pro christo , ab archiepiscopis et episcopis , abbatibus et prioribus , et tam cathedralium quam aliarum conventualium ecclesiarum capitulis , et clericis universis ; nec non civitatibus , villis et oppidis , competentem numerum bellatorum , cum expensis necessariis secundum proprias facultates , in succursum terrae sanctae alacriter destinare . et si ad hoc unumquodlibet non sufficiat , conjungantur in unum , quia pro certo speramus , quod personae non deerint , si expensae non defuerint . postulantes hoc ipsum a regibus & principibus comitibus & baronibus , aliisque magnatibus , qui forsitan per seipsos personaliter non accesserint ad obsequium crucifixi : a civitatibus vero marinis , navale subsidium postulamus . clericis vero hoc negotium necessariis providimus indulgendum ; ut omni contradictione cessante , beneficiorum suorum proventus propter hoc valeant ad triennium pignori obligare . ita tamen , quod illis quibus committendos duxerint , vel etiam obligandos , infra praescriptum tempus cum ea integritate proventus percipiant antedictos , cum qua ipsi eos perceperunt , si●n ecclesiis , in quibus obtinent ▪ personaliter residerunt . quia vero subsidium terrae sanctae multum impediri vel retardari contingeret , si ante susceptionem crucis quemlibet examinare oporteret an esset idoneus & sufficiens ad hujus votum personaliter prosequendum : concedimus , ut ( regularibus personis exceptis ) suscipiant quicunque voluerint signum crucis . ita quod si urgens necessitas aut evidens utilitas postulaverit ; votum ipsum de mandato apostolico possit comutari , aut redimi , aut differri . universis autem ecclesiarum praelatis districte praecipimus , ut singuli per loca sua illos qui signum crucis disposuerunt , resumere : ac tam ipsos , quam alios crucesgnatos , & quos adhuc signari contigerit , ad reddendum domino vota sua diligenter moneant & inducant . caeterum , quia cursarii & pyratae nimis impediunt subsidium terrae sanctae , capiendo & spoliando transeuntes ad illam , & ab illa revertentes : nos eos , principales adiutores & fautores , excommunicationis vincula , innodamus . sub interminatione anathematis inhibentes , ne quis cum eis scienter communicet in aliquo venditionis vel emptionis contractu : injungentes rectoribus civitatum et locorum suorum , ut eos ab hac iniquitate revocent et compescant . alioquin , quia nolle perturbare perversos nihil aliud est , quam fovere , nec caret scrupulo societatis occultae , qui manifesto facinori desinit obviare , nos in personas , ette●●as eorum severitatem ecclesiasticam curavimus exercere : cum tales non minus quam saraceni adversentur nomini christiano . innovamus praeterea excommunicationis sententiam , in laterano concilio promulgatam adversus eos , qui saracenis arma , ferrum , & lignamina deferunt galeiarum , quique in pyraticis sarracenorum navibus curam gubernationis exercent , vel in machinis , vel quibuslibet aliis , aliquodeis impendunt consilium vel auxilium in terrae sanctae dispendium ; eosque rerum suarum privatione mulctari , & capientium servos , si capti fuerint , fore censemus . praecipientes , ut per●omnes urbes marinas , diebus dominicis & festivis hujus sententia publice innovetur . et talibus gremium non aperiatur ecclesiae ▪ nisi totum quod de commercio tam damnabili perceperint , in subsidium terrae sanctae transmittant ; ut aequo judicio , in quo deliquerint , puniantur . quod si forte solvendo satisfacientes non fuerint , sicut alias reatus talium castigare ; quod in poena ipsorum aliis interdicatur audacia similium praesumendi . quia vero ad hoc negotium exequendum est permaxime necessarium , ut principes & populi christiani ad invicem pacem observent , juxta quod statutum est in concilio generali , volumus et mandamus , ut saltem per quadriennium in toto orbe christiano par generaliter observetur ▪ ita quod per ecclesiarum praelatos discordantes reducantur ad plenam pacem aut firmam treugam inviolabiliter observandam . et qui adquiescere forte contempserit , per excommunicationem in personas , et interdictumin terras arctissime compellatur : nisi tanta fuerit injuriatorum malitia , quod non debeant pace gaudere . quod si forte censuram ecclesiasticam velipenderint , poterunt non immerito formidare , ne per authoritatem ecclesiae , contra eos tanquam perturbatores negotii crucifixi , secularis potentia inducatur . accingantur igitur omnes filii adoptionis divinae ad obsequium jesu christi , dissensiones & lites in pacis & delectionis foedera commutantes : credendo firmiter , quod si vere confessi fuerint & compuncti , foelici commercio laboribus suis , qui cito transeunt , aeternam requiem mercabuntur . datum spoleti , . non. septemb. pontificatus nostri anno octavo . haec cum per christianorum climata , praecipue per angliam , christi fidelibus innotescerent , & praedicatio per praelatos , maxime vero per fratres praedicatores & minores fieret , quibus data fuit potestas cruce signandi , et votum data pecunia relaxandi : sese multi quorum non erat numerus , cruce signaverunt . sed cito in tantam nobilitatem , ne dicam arrogantiam elevabantur praedicatores & minores , qui spontaneam paupertatem cum humilitate elegerunt , ut recipi curarent in coenobiis & civitatibus in processione solenni , in vexillis , cereis accensis , & in dispositione vestimentis festivis indutorum , & concessum est eis veniam multorum dierum suis conferre auditoribus , signatosque hodie , cras data pecunia a crucis voto absolverunt . parvoque tempore succedente , facta est tanta commutatio , tam multiformis pecuniae exactio , nec sciri poterat in quam abyssum tanta pecunia , quae per papales procuratores colligebatur , est demersa , quod fidelium circa negotium crucis tepuit , imo potius charitas refriguit generalis . unde negotium terrae sanctae nunquam foelix super hoc suscepit incrementum . praeterea graviter laedebatur omnium conscientia , & in mediatione exardescente sauciabatur , quod tota illa pecunia impreciabilis , quae ex decima per magistrum stephanum domini papae clericum cumulabatur , ad conterendum imperatorem , facta pace , sicut colligi potest per epistolam papae suprascriptam , nec in minimo quadrante est restituta , nec ad aliquod ecclesiae commune negotium vel honorem distributa . imo nec dum penitus fuit extorta vel collecta , & ecce subita & occulta pax est reformata : & postea facta est inquisitio gravis , quis plene vel plenius persolvebat . this pope as he intruded himself into the differences , wars , leagues between christian kings in his precedent bull , so likewise into their treaties and contracts of marriage ; & particularly into that between frederick the emperor , & isabella sister to k. henry the d. as this bull of his ( extant under seal in the white tower ) assuresus . gregorius episcopus servus servorum dei , charissimo in christo filio illustri regi angliae , salutem & apostolicam benedictionem . quae tuae celsitudinis respiciant incrementum , libenter tibi facienda suggerimus , et eadem per nos ipsos oportuno tempore procuramus ; hinc est quod cum charissimus in christo filius noster f. romanorum imperator semper augustus , jerusalem et siciliae rex illustris , pro dudum tractato et firmato , sicut dicitur , matrimonio inter te et ipsum , de dilecta in christo filia isabella sorore tua illustri , feliciter consummando , ac pro ipsa , duce christo , adeundum abdicato tarditatis spatio deducenda , juxta consilium nostrum , ad tuam praesentiam sollempnes nuncios duxerit destinandos , sublimitati tuae bona fide consulimus et attente rogamus , quatenus prudenter advertens , quid tibi et regno ▪ tuo utilitatis proferat , et hanoris , cum principe terrae regibus praeminenti , contrahere parentelam , tanti complementa negotii finem tribuas , affectatam diligentiam habiturus ut a re tam honorabili , tam salubri , nullius averti sinistro consilio patiaris . caeterum memoratos nuncios hilari vultu recipiens , et honore pertractans quid tibi competat , et mittenti eorum verbis quae super hiis tuae celsitudini proponenda duxerint , fidei plenitudinem largiaris . dat. perusti non. decembr . pontificatus nostri anno octavo . insigill . gregorius papa . the king returned this answer to the popes bull , concerning this treaty and marriage , and his proceedings therein , entred in the clause rolls . domino papae salutem , & debitam tanto domino , & patri reverentiam & honorem . quod ex affectione paterna libenter nobis suggeritis , ea facienda quae nostrae celsitudinis incrementum respicere sentitis ; & per ipsos vos liberaliter eadem tempore procuratis opportuno , sanctae paternitati vestrae copiosas referimus gratiarum actiones . ad ea quae duxit nobis sanctitas vestra consulend . de matrimonio inter charissimum amicum ; & fratrem nostrum futurum f. dei gratia romanorum imperatorem semper augustum , jerusalem & siciliae regem illustrem , & dilectam sororem nostram isabellam contrahendo & complendo , vobis significantes ▪ quod cum certi simus & securi ▪ quod pro sublimatione nostra , honore etiam & utilitate regni nostri , quae ex tanti principis confederatione consequi poterimus inde nos sollicitaveritis ; volentes in eo & aliis quae nobis duxeritis consulend ● & facienda tanquam filius sanctae romanae ecclesiae devotissimus humiliter ac devote , 〈◊〉 & beneplacito vestro , nos sicut decet committere , matrimonio , praedicto ad mandatum vestrum consensimus . receptis enim hilariter nunciis imperatoris praedicti , & ipsis tanquam a latere tanti principis destinatis sicut decebat honoratis , in praesentia magnatum nostrorum nobis tunc assistentium , praedictam sororem nostram eidem imperatori concessimus in uxorem ▪ ipsa sorore nostra , de voluntate nostra per verba de praesenti in ipsum imperatorem consentiente per virum discretum p. de vinea , nuncium ipsius imperatoris specialiter ad hoc destinatum , cum potestate consentiendi in ipsam sororem nostram nomine saepedicti imperatoris , qui quidem nomine suo in ipsam mutuo per verba de praesenti consensit , & in animam ejusdem imperatoris juravit ▪ quod ipsam duceret in uxorem , & in facie ecclesiae solempniter desponsaret , ac eam honore imperiali & affectione maritali tractaret ▪ ut igitur de processu memorati negotii plenius sanctitati vestrae constet , et quod a consilio vestro recedere non curamus , sicut nec debemus , quatenus processum est in praedictis vos duximus certificandos , attente rogantes & devote quatenus eundem imperatorem , pro loco & tempore monere velitis & inducere , ut cum eidem in omnibus placere libenter intendamus , nobis voluntati suae & honori expositis debitam servat amicitiam , et commodum regni nostri procuret , et utilitati constanter intendat , et potissime data opportunitate , ad jura nostra reeuperanda potenter nobis assistat . ita quod ex affectione fraterna quam nobis o●●enderit sentiamus in matrimonio praedicto per consilium vestrum commodo nostro & honori provideri . teste rege apud westmonasterium vicesimo quinto die februarii . the king sent the like letters to all the cardinals at rome , mutatis mutandis , entred at large in the same roll. the contract made between king henry the d ▪ and the emperour touching this marriage , and the security given by the king to the emperour for his sisters portion , is very observable , especially in that clause whereby the king subjects himself to the ecclesiastical censures of the pope and church of rome , if he faile of payment at the times agreed , and his desire of the popes undertaking the payment thereof as his surety ▪ which being not extant in our histories , i shall here present you therewith out of the clause rolls . nos henritus dei gratia rex angliae , &c. vicesimo secundo die februarii indictione octava , per praesens scriptum notum fieti volumus universis praesentes literas inspecturis , quod nos ad consilium et ordinationem domini gregorii sacrosanctae romanae ecclesiae summi pontificis , promisimus & corporaliter praestito jure jurando juravimus , dare in uxorem legitimam isabellam charissimam sororem nostram domino frederico dei gratia , invictissimo romanorum imperatori , semper augusto , jerusol . & siciliae regi , promittentes magistro petro de vinea , magnae imperialis curiae judici , nuntio & speciali procuratori praenominati domini frederici imperatoris , pro parte imperatoris , ejusdem nomine , antedictae isabellae sororis nostrae in dotem triginta millia marcarum argenti optimi sterlingorum ana tresdecim solid . & quatuor denar . per marcam , de quibus tenemur solvere praefato magistro petro decimo die post resurrectionem domini primo venturam , per eandem indictionem una cum praedicta sorore nostra tria millia marcarum argenti sterlingorum ut dictum est . et alia duo millia tenemur solvere antedicto imperatori vel certo ejus nuncio in festo beati johannis de mense junii , ejusdem indictionis ; alia vero quinque millia tenemur solvere praenominato imperatori : vel certis nunciis ejus in festo sancto michaelis in proximo venturo nonae indictionis . et alia quinque millia tenemur eidem solvere in festo paschae secundo futuro per eandem nonam indictionē ; & iterum alia quinque millia tenemur eidem solvere in festo beati michaelis proximo secundo futuro decimae indictionis . reliqua vero decem millia tenemur antedicto imperatori , vel ejus certo nuncio solvere in festo paschae sequenti , per eandem decimam indictionem : ita ut ab isto pascha usque ad duos annos completos antedicta . millia marcarum optimi & puri argenti sterlingorum sint eidem domino imperatori , aut ejus haeredibus vel certis eorum nuntiis integre persoluta . salvo quod in quolibet praedictorum terminorum praeter primum beati johannis scilicet debeamus quamlibet solutionem facere infra mensem a die ipsa in solutione taxato . antedictam autem pecuniam prima tria millia marcarum tenemur solvere antedicto imperatori vel pro parte sua apud london . in regno angliae ; ita ut non teneamur antedictum pecuniam eidem imperatori transmittere extra regnum , praenominatam autem pecuniae quantitatem in dotem pro praedicta sorore nostra promisimus & sacramento firmavimus praeter omnem apparatum , aurum & argentum laboratum , & vasa , equos , pannos , laneos & sericos , quae omnia praenominata domina soror nostra talia habere & deferre debebit , qualia tantam dominam portare , & tantam dominum recipere condecebit , de quibus omnibus & singulis adimplendis obligavimus nos sollempniter stipulatione legitima interposita , antedicto magistro petro obligationem nostram , pro parte antefati imperatoris recipienti , scilicet tam de solutione bona fide & integre facienda , quam de terminis singulis observandis , ad majorem etiam cautelam imperatoris , ejusdem hoc ipsum corporali praestito sacramento juravimus , per omnia & singula firmiter observare promittentes , nomine poenae decem millia marcarum argenti , si in terminis praetaxatis singulis antedicta poena decem millium marcarum non in solidum , set pro rata per singulos terminos comitatur . subjecimus nos praeterea jurisdictioni , et sententiae summi pontificis ac sacrosanctae romarae ecclesiae , ut antedictus summus pontifex vel romana ecclesia , si in solutione praedictae pecuniae per singulos terminos cessaverimus , possit nos et successores nostres libere per censuram ecclesiasticam coercere , exceptione fori vel regiae dignitatis a nobis aut successoribus nostris , ecclesiastico judicio minime opponenda , aut apposita non obstante . haec eadem etiam in omnibus & singulis articulis observare , de speciali mandato & in praesentia nostra corporaliter praestito sacramento firmaverunt hubertus de burg. comes kanciae , gilbertus mar. com. de pembrook , radulphus filius nicholai , godefridus de crancumb . humfridus comes hereford . sacramento expressius & apertius inserentes , quod pro toto posse eorum ad hoc intendent , quod nos observare praedicta omnia & singula debeamus . praenominati etiam singuli fideles nostri super hiis omnibus testimoniales apertas literas exhibebunt cum sigillis eorum pendentibus , antefato magistro petro ad cautelam & praesentiam antedicti caesaris deferendas ; per praenominatas autem cautiones , nos saepedictus rex praenominato magistro petro de vinea obligavimus nos & successores nostros antedicta omnia & singula observare hoc adjecto ; quod si praenominatus summus pontifex vel romana ecclesia , vellet se domino imperatori , de solvenda pecunia memorata nostro nomine obligare et constituere principalem debitorem , juxta formam a jure statutam , nos obligationem ipsam ratam habebimus , et ipsum summum pontificem et romanam ecclesiam ab obligatione ipsa promittimus statuendis inter nos locis et terminis liberare , prout haec omnia per nuncios et literas nostras eidem summo pontifici et romanae ecclesiae curabimus destinare ; eo salvo , quod antedictae romanae ecclesiae cautione recepta , et per praedictum caesarem acceptata , praesentis obligationis nostrae literae , nobis aut nunciis nostris restitui debeant nullo unquam tempore valiturae , et a praedictis cautionibus omnibus nos et praedicti nobiles nostri simus penitus absoluti . quod si forte domino avertente contingeret antedictam sororem nostram isabellam prius in fata concedere , quam iter arripiat , vel postquam iter arripuerit priusquam ad dominum imperatorem virum suum perveniens , in facie ecclesiae sollempniter & publice desponsetur , nos & successores nostri ab omnibus & singulis antedictis obligationibus absolvi debemus & liberi permanere . item , si forte , quod absit , imperatorem eundem prius contingeret in fata concedere , quam praenominata nostra soror desponsaretur ab eo , similiter nos & successores nostri remanere debebimus ab omnibus ipsis obligationibus absoluti , & antedicta soror nostra ad nos in regnum angliae secure & libere reducetur . quod ipsum tam dominus h. venerabilis colen archiepiscopus , tam de recipienda a domino imperatore & desponsanda domina , quam de ea in eventum sinistri casus libere reducenda , & alii nobiles qui ad ipsam sororem nostram in anglia recipiendam de mandato imperialis excellentiae venerint , sacramento ab eis corporaliter praestito jurare debebunt , & nobis proinde apertas eorum literas assignare ; obligavimus nos etiam antedicto magistro petro de vinea pro parte imperatoris praefati sibi & antedicto archiepiscopo colen , aut quibuslibet aliis nobilibus imperii pro parte ipsius imperatoris venientibus , assignare saepedictam sororem nostram decimo septimo die ineuntis mensis aprilis , una cum sollempnibus nunciis nostris ducendam ad dominum imperatorem praefatum ab ipso sollempniter desponsandam , & ab eo imperiali honore affectione maritali tractandam . ad perfectiorem etiam antedicti matrimonii consummationem , saepedicta etiam isabella soror nostra de mandato nostro , praesentibus dilectis & fidelibus nostris richardo comite pictaviae & cornubiae , charissimo fratre nostro , huberto de burg. comite kanc. willielmo de ferrariis , philippo de albin . hugone de vivon . radnlpho filio nicholai , godofrido de crancumb , amaur . de sancto amando , johanne mar. roberto de mucegros , roberto de la bruer , walerando teutonico , & aliis quampluribus fidelibus nostris , recepto consensu in se a praefato petro de vinea speciali procuratore imperatoris ad hoc statuto , pro parte imperatoris ejusdem , per verba de praesenti consensit in eundem imperatorem velut in virum suum ; similiter praefato magistro petro ut dictum est , ad hoc antefacti caesaris speciali & legitimo procuratore statuto , recepit a praesenti ipsum dominum imperatorem in virum suum , recipiens annulum nomine imperatoris praefati , & remittens eidem per eundem procuratorem suum annulum sponsionis . in cujus rei testimonium , has literas fieri fecimus patentes . teste meipso apud westmonasterium , vicesimo septimo die februarii . anno regni nostri decimo nono . this agreement and security for payment of isabellaes portion to the emperour , and the kings subjecting himself to the popes and his successors ecclesiastical censures , in case of failer , being made without the popes precedent assent , the king thereupon certified the pope thereof by this letter . sanctissimo in christo patri charissimo , g. dei gratia summo pontifici , h. eadem gratia rex angliae , &c. salutem , & omnem devotionem . juxta sanctitatis vestrae consilium , & mandatum quod nobis per magistrum petrum de vinea , domini frederici dei gratia illustrissimi romanorum imperatoris , semper augusti , jerusalem , & siciliae regis , nuntium , apostolicis literis direxistis isabellam charissimam sororem nostram consensu per verba de praesenti in eam & ab ea per praedictum magistrum petrum ejus procuratorem specialem & legitimum , habito & sacramento a nobis corporaliter praestito , domino imperatori praefato dedimus in uxorem , cum triginta millibus marcarum argenti memorato domino imperatori vel ejus nuntiis statutis locis & terminis persolvend . prout haec & alia in scripto conventionum inter nos & praedictum magistrum petrum de vinea , habitarum sigillo nostro munito plenius continentur . cum igitur de solutione pecuniae supradictae eidem domino imperatori cavere idoneè debeamus , paternitati vestrae volumus esse notum , quod nos ad cautelam imperatoris ejusdem , subjicimus nos et successores nostros jurisdictioni et sententiae vestrae ac sacro-sanctae romanae ecclesiae , ut vos et successores vestri , et romana ecclesia , si in solutione praedictae pecuniae per singulos terminos cessaverimus , possitis nos et successores nostros per censuram ecclesiasticam libere coercere , exceptione fori vel regiae dignitatis a nobis aut successoribus nostris ecclesiastico judicio minime opponenda , aut opposita non obstante . teste rege apud westmonasterium , tertio die maii. by these instruments the king and his successors voluntarily subjected themselves to the popes ecclesiastical censures , in this secular affair , waving the priviledges of his regal dignity , which encouraged him to usurp the like power over him and other princes , in other cases , against their wills . the proceedings in , and pompous sollemnities of this marriage of the emperour with this isabella , not pertinent to my theam , you may peruse at leasure in * matthew paris , to whom i referre you . king henry the d. intending this year to marry jone daughter of the earl of pontini , advised her to write to the pope for his dispensation , as he had done , to ratifie the contract of marriage between them ; to which end he sent proctors to rome , but afterwards countermanded their proceedings therein till further order , as these records inform us , all entred together in the clause rolls . henricvs rex angliae , &c. dominae johannae , &c. salutem . quoniam dilectos clericos nostros magistros w. de gloucestria , & richardum de langedon nuncios , & procuratores nostros ad sedem apostolicam specialiter destinamus : ut contractus mattimonialis inter nos et vos initus , authoritate apostolica confirmetur , dilectioni vestrae mandamus , quatenus per praedictos procuratores nostros domino papae literas vestras patentes dirigatis , ut ipse de consueta sedis apostolicae clementia nobiscum supradicto negotio dispensare dignetur , ut sic utriusque nostrum concurrente consensu , dictum negotium ad finem optatum facilius perducatur . formam autem literarum vestrarum domino papae dirigendarum , vobis praesentibus literis mittimus interclusam . teste , &c. domino papae , ex parte dictae dominae ; sanctae paternitati vestrae supplicamus humiliter ac devote , quatenus matrimonium inter dominum h. regem angliae illustrem et nos contractum de consueta sedis apostolicae clementia dignemini confirmare ; pro hoc autem impetrando ad pedes sanctitatis vestrae tales , &c. procuratores nostros specialiter destinamus . in cujus , &c. et mandatum est com. de ponti , & similiter vxori suae sub forma suprascripta , paucis mutatis , quod literas patentes dictae dominae j. quarum transcriptum rex ei mittit , interclusam domino papae transmittant . rex , magistris r. de langed . archid. st●ff . & w. de glouc. salutem . quia consilio nostro cui fidem adhibere tenemur , utile nimis videtur , et expediens , quod negotium illud de dispensatione petenda , quod matrimonium consummari possit inter nos et primogenitam filiam comitis pontini suspendatur ad praesens : vobis mandamus in fide qua nobis tenemini , quatenus nullo modo negotium illud domino papae , vel alicui cardinali , vel alicui viventi reveletis , vel mentionem aliquam inde faciatis , donec specialem nuncium nostruum propter hoc & alia negotia nostra ad vos miserimus ; si vero perpendere possitis qamdiu in curia steteritis quod aliquid de beat vel consilium nostrum impetrari impetrantibus , po posse vestro vos opponatis & indempnitati nostrae quantum in vobis est prospiciartis . teste meipso apud westmonasterium , decimo sexto die julii . domino papae salutem . certam de sancta paternitate vestra fiduciam obtinentes , quod preces nostrae solitum & optatum in oculis benignitatis vestrae favorem inveniant et gratiam , novis emergentibus negotiis , pro remedio petendo fiducialiter ad sedem apostolicam confugimus . cum igitur dilectos clericos nostros magistros r. de langedon , & w. de gloucestria ad quaedam negotia nostra procuranda necesse habeamus ad praesens ad pedes sanctitatis vestrae destinare , ipsos synceritati vestrae recommendamus attentius , toto corde supplicantes , quatenus nostrae supplicationis obtentu eisdem clericis nostris favorabiles vos exhibentes & propitios , in negotiis nostris , quae ad utilitatem nostram & honorem vobis exponent , ipsos libenter audire , & liberaliter , sicut speramus , exaudire dignemini , ut cum ad nos redierint foeliciter expediti ; de gratia vestra nobis impensa hilares efficiamur & jocundi , & ad devotissimas sanctitati vestrae teneamur gratiarum actiones . teste , &c. apud windeles , xiij . die augusti . this marriage treaty and license on which they were sent was countermanded , and proceeded no further , the king altering his mind , and marrying alienor the second daughter of the earl of province , who was conveyed into england , married to the king , and crowned queen this year , with extraordinary pomp and sollemnity , as you may read at leisure in * matthew paris , matthew westminster , holinshed , speed , and other our historians . this pope was grown so insolently proud and peremptory in this age , by his premised usurpations , that he would not vouchsafe to hear or admit the kings proctors and agents , sent to rome upon his urgent affairs , without most humble suits and supplications to him in his letters of credence and procurations , as the precedent procurations , and this ensuing record demonstrates . sanctissimo patri in christo g. dei gratia summo pontifici , salutem , & tanto patri ac domino omnimodam reverentiam , cum honore apostolicae sedis . pia mater nonnunquam filiis suis desolatis solatium , oppressis subsidium pie petentibus , viscera pietatis consuevit misericorditer aperire . quapropter ad ipsam tanquam ad piam matrem nostram , quae nobis sua gratia , ut filio suo devoto , continua compassione compatitur favorabiliter & benigne , cum regiae dignitati necessitatem imminere videmus , confugimus confidenter . hinc est , quod cum dilectos & fideles nostros p. saracenum , & magistrum s. de steyland , clericum nostrum pro quibusdam negotiis nostris ad sedem apostolicam transmittamus , paternitatis vestrae dilectioni affectione plena duximus supplicandum , quatenus ipsos in negotiis nostris , quae vobis exponent , audire benigne , & efficaciter exaudire velitis clementia consueta , ut hae preces nostrae benignitate vestra mediante nobis more solito fructum pariant copiosum , nosque exinde paternitati vestrae ad speciales gratias astringamur . teste rege apud merewell , vicesimo quinto die maii. anno , &c. decimo nono . this year king henry the d. made a remonstrance to the pope of the several injuries done to him by the earl of britain , in seizing upon his castles , and revolting to the king of france , desiring the pope by his ecclesiastical censures to compel him to restore his castles to him , or give satisfaction for them . domino papae , salutem , & debitam ac devotam in omnibus reverentiam ; ut sanctitati vestrae plenius innotescat qualiter erga nos se gessit p. comes britanniae , vestrae significamus paternitati , quod cum dilectum fratrem nostrum r. comitem cornubiae & pictaviae transmisissemus ad partes wascon . pro defensione partium illarum , habito inter ipsum comitem britanniae , & praedictum fratrem nostrum colloquio , nobis significavit , quod paratus erat ad servitium nostrum venire , & de nobis in capite tenere . nobis igitur id mediocriter adhuc ferentibus , per transmissum ad nos fidelem nostrum s. de mal● leon● tunc superstitem , & dominum perdilectum & fidelem nostrum philippum de albiniaco nos instanter sollicitavit super eodem . cum igitur monitis suis adquiescentes exercitum totius regni nostri convocassemus apud portesm . habentes in proposito transfretare in britanniam , ad jura haereditaria nostra perquirenda in partibus transmarinis , memoratus comes in eodem tempore ibi applicans , coram universis magnatibus terrae nostrae , homagium nobis fecit de terra sua britanniae , & sacramentum de fideli servitio nobis praestitit , & tunc honorem de richmond . in quo jus vendicabat , ei reddidimus , & plura alia feoda & terras ei dedimus non modicas . revertente autem eodem comite ad partes suas , & nobis per consilium suum in terra nostra remanentibus , cum in aestate sequenti aggregasset rex franciae universum posse ad invadendum terram praedicti comitis , cum totis viribus nostris in succursum ejus ad suum mandatum transfretavimus in britanniam , non sine gravi dispendio corporis nostri , & jactura irreparabili magnatum , & aliorum hominum nostrorum quos ibidem perdidimus . cum ergo per adventum nostrum ab incursibus praedicti regis franciae defensus extitisset & securus , & ipso rege sine obtentu propositi sui ad partes suas revertent● , vellemus similiter ad terram nostram redire , de consilio suo convenit inter nos & memoratum comitem britanniae , quod ad tenendum ei milites & servientes , quandam summam pecuniae daremus eidem per annum tempore guerrae , & aliam summam pecuniae , si contingeret inter ipsum regem franciae , & nos tunc treugas iniri , sicut factum est , quod quidem sine omni defectu ei plene perfecimus . novissime vero , cum instante fine treugarum inter ipsum regem & nos essemus requisiti , ab ipso comite de militibus & servientibus mittendis in succursum suum , & ad castrum nostrum sancti jacobi super beveronam , quod fuit in manu sua , de ballivo nostro , muniendum , & pro quo nobis reddendo cum venissemus in britanniam ei dederimus duo millia marcarum , gratanter annuimus ejus petitioni , destinantes ad eum dilectum & fidelem nostrum amauricam de sancto amando senesc . nostrum , cum numero militum & servientium quem ipse comes petierat . quos postquam ad placitum suum retinuerat , ad nos remittens sub simulatione parcendi sumptibus nostris , nunciavit nobis , quod castrum praedictum salvo custodiret ad opus nostrum ; insuper ad mandatum ejus nobilem virum h. de trublevill senesc . nostrum wascon . cum multitudine armatorum ad eum misimus . qui strenue & potenter suae instabat defensioni . in cujus etiam praesentia & praedictorum multitudinis armatorum , juravit super verum corpus christi , quod nec pacem cum rege franciae fecerat , nec etiam cum eo tractatum inde habuerat . licet siquidem ipse comes , ut praediximus , in nullum nobis repererit defectum ; immo juxta conventionem inter nos habitam & ultra ei semper satisfecerimus , per finem quem cum eo fecimus singulis vicibus , quibus propter hoc ad nos venit vel misit , & id idem adhuc facere pro viribus nostris essemus parati , tamen cum injuria sua , spreta fidei suae religione & sacramento , de fideli servitio nobis praestito , sine eo quod nos diffideret vel aliquid nobis mandaret , a nobis recessit , & regi franciae adhaesit , homagium ei faciens , & reddens eidem ad exhaeredationem nostram praedictum castrum sancti jacobi , & castrum celsum , quod theobaldus crespyn tenuit de nobis de com. andegaven . & castrum de maroyl , quod est de com. nostro pictaviae . ne igitur super praemissis rei veritas vos lateret , vel ne per alicujus suggestionem minus veridicam crederetis aliquatenus , dictum comitem per defectum com. a nobis recessisse , praemissa sanctitati vestrae seriatim duximus intimanda : supplicantes attentius , quatenus ipsum comitem , ut ad servitium nostrum et fidelitatem nostram redeat , et super pecunia a nobis recepta , et castris praedictis per ipsum regi franciae liberatis , nobis satisfaciat , per censuram ecclesiasticam coherceatis . teste rege apud westmonasterium , vicesimo quinto die februarii . the pope encouraged by such letters as these , usurped a papal power over the temporal rights of kings and secular princes , and to excommunicate or interdict them at his pleasure : though instead of excommunicating this perjured treacherous earl , he * sent for him to rome , and made him chief counsellor and general of the crossadoes by sea and land against the grecians ; multis super hoc admirantibus , quod hominem tali not a proditionis multiformis infamem , ad sua ardua negotia vocaverat pertractanda . the bishop of winchester being sent for to the pope to supply him with monies and advice , to carry on this war , ( it seems without the kings license ) thereupon the pope sent a message to the king , to desire his license for the bishops return into england , without any impediment ; which the king assenting to , writ thus to the pope and bishop . domino papae , rex , &c. significavit nobis sanctitas vestra per venerabilem patrem a. coventrensem & litchfeldensem episcopum , & dilectum & fidelem nostrum p. saracenum civem romanum , quod gratum haberetis & acceptum , si venerabilis pater p. wintoniensis episcopus , cum gratia 〈◊〉 tra reverti posset in angliam , & sicut ad ejus spectat officium curam securus 〈◊〉 pastoralem , & super hoc ex parte synceritatis vestrae nos rogaverunt : ad 〈◊〉 nctae paternitati vestrae duximus respondendum . quod cum idem episcopus regnum nostrum ultimo erivit gratis , et motu ductus proprio potius quam per nostram vel alterius compulsionem : et etiam si bene recolitis , ad preces vestras , nobis specialiter inde directas sedem adiit apostolicam , unde si memoratus episcopus voluntatem habuerit revertendi , & in regno nostro commorandi , beneplacet nobis ipsius adventus . nec erit qui ipsum super hoc aliquatenus impediat , aut cum redierit tranquillitatem ipsius perturbet . licet etiam graviter versus ipsum moveremur , ad instantiam vestram conceptum rancorem , si quis esset , penitus ei remitteremus parati & expositi , tanquam filius sanctae romanae ecclesiae devotissimus , in hiis et aliis vestris inhaerere consiliis , et voluntatis vestrae pro viribus nostris beneplacitum adimplere . teste rege apud westmonasterium , iiij . die maii. anno , &c. xix . rex , venerabili patri in christo p. eadem gratia wintoniensi episcopo , salutem . retulerunt nobis venerabilis pater a. coventrensis & litchfeldensis episcopus , & fidel● nostri p. saracenus civis romanus ex parte domini papae , quod placeret quod possitis cum gratia nostra in angliam reverti . et sicut ad vestrum spectat officium in episcopatu vestro curam gerere pastoralem , & super hoc per eosdem nos requisiverunt . ad quod vobis duximus significandum : quod cum regnum nostrum ultimo exivistis , et sedem apostolicam adustis gratis , et motu ducti proprio , nec per alicujus compulsionem id fecistis , et maxime ad preces ejusdem domini papae si bene recolitis ; unde si voluntatem habueritis revertendi in terram nostram , & ibidem commorandi , beneplacet nobis quod salvo & secure veniatis , & in regno nostro sine impedimento moram faciatis , pro certo habituri quod in veniendo & morando nullum vobis faciemus vel fieri permittemus impedimentum , dampnum aut gravamen , set pro viribus nostris securitati vestrae providere curabimus . teste ut supra . the pope to get monies and assistance in his wars , had commanded this peter bishop of winchester ( a better souldier then preacher ) to assist him both with his purse and advice in his military affairs against the romans and grecians ; thus related by matthew paris . per idem tempus , petrus wintoniensis episcopus , ad mandatum domini papae roma●●rofectus est , instante solennitate paschali : ut guerram ejus jamdiu contra romanos accensam , ordinando juvaret . novit enim eum summus pontifex pecunia abundare , et si non abundaret , ministrante episcopatu wintoniensi abundaturum ; et maluit eum effundere thesaurum suum in suo obsequio , quam alieno . praeterea , idem episcopus erat in obsequio regis richardi bellatoris magnifici , diebus adolescentiae suae : ubi plus didicit in bello dimicare , & castra militum ordinare , quam evangelii semina praedicando seminare . the pope having made as much use of him as he could for those ends , importuned the king for his return into england , as you have heard . what other letters the king sent this year to the cardinals and pope concerning his affairs , and the annual rent reserved on king johns charter , i have * formerly related . the king this year issued forth an attachment against the treasurer of the dean of the arches , and others , for suing contrary to his prohibition in court christian , for a thing which concerned not matrimony or testament , which attachment was respited by this writ , upon their submission . mandatum est justiciariis domini regis itinerantibus apud hertford . quod , &c. ponant in respetum , &c. loquelam etiam quae est coram eis inter johannem de thiwing , & praedictum thesaurarium dec. de arcubus , magistr . g. perdriz , & gervas de melkel , de eo quod idem thes . prosecutus est placitum in curia christianitatis , de catallis quae non sunt de testamento , vel matrimonio , contra prohibitionem regis , ut dicitur , et quod praedicti dec. magister g. et gervasius tenuerunt idem placitum contra prohibitionem regis , ut dicitur , ponant in respectum usque ad terminum praedictum . teste rege apud westmonasterium , duodecimo die aprilis . the king hearing that the pope intended to send a legate into ireland without his privity , and against his will , contrary to former custome and his prerogative royal , writ to the pope , and also to his chief justice to hinder this encroachment , and to yield more speedy dispatch , and readier obedience to his letters , writs directed to him in ireland , then formerly he had done . rex , dilecto & fideli suo richardo de burg. salutem . quod salvo applicuistis in partibus hiberniae , & ad portum optatum prospere pervenistis postquam a nobis recessistis , sicut nobis significastis , est de quo plurimum gavisi sumus , vobis significantes , quod penes nos & statum regni nostri omnia , benedictus deus , prospera sunt , & jocunda , plurimumque desideramus quod de statu terrae nostrae hiberniae , simul & de vestro , similia frequenter audiamus ; grates quidem fidelitati vestrae referentes de eo quod nos praemunire voluistis , quod sunt quidam qui procuraverunt legatum destinari in hiberniam . vobis significamus , quod antequam literas vestras inde recepissemus , idem audivimus , et ad curiam romanam transmisimus ad impediendum , ne praeter voluntatem nostram legatus aliquis illuc accedat . quia vero plures ad nos pervenerunt querelae ab hiis pro quibus literas nostras vobis direximus , quod inutiliter eas obtinuerunt , eo quod minus proni , immo estis ultra modum difficiles in executione mandatorum nostrorum . vobis mandamus , quod in fide qua nobis tenemini , cum contigerit nos pro nobis ipsis seu pro alio quocunque vobis literas nostras dirigere , ipsas benigne recipere , & ea qua decet devotione exequi curetis , quod per dilationem executionis credi non possit , quod debitam nobis non exhibeatis reverentiam , sed potius ex devotione vestra debeatis merito commendari . teste meipso apud westmonasterium , vicesimo secundo die februarii . the pope as he encroached upon the election and confirmation of the archbishops and bishops of england , so did he likewise upon the election and confirmation of abbots , who must go to rome to attend his pleasure for their approbation and confirmation , as in this memorable case of the abbot of st. albans , which i shall relate at large cum haec cum tempore evolvente elaberentur ; nuncii electi & conventus ecclesiae sancti albani , duo monachi , scilicet magister reginaldus physicus , & dominus nicholaus de sancto albano , ambo presbyteri , viri prudentes & compositi , cum suis clericis , magistro galfrido de langeleia , & galfrido focario , serviente & aliis , habentes literas conventus procuratorias , iter arripuerunt versus curiam romanam in octavis paschae , scilicet decimo septimo calend. maii , precibus omnium fratrum commendati . hae autem fuerunt procurationes quas secum detulerunt . reverendissimo domino & patri in christo charissimo gregorio , dei gratia summo pontifici , devoti filii sui , prior & coventus sancti albani , tam devotam quam debitam cum pedum osculo reverentiam . noverit sanctitas vestra , quod nos fratres nostros & monachos , reginaldum & nicholaum , latores praesentium , cum literis nostris seriem electionis nostrae continentibus , quam in ecclesia nostra de fratre johanne de hertfordia , monacho nostro , fecimus canonice celebrari , ad pedes sanctitatis vestrae destinamus : ipsosque ad ▪ confirmationis munus a sede apostolica petendum , et ad alia dictam electionem nostram contingentia , expedienda , procuratores nostros constituimus . ratum & gratum habituri , quod per ipsos vel eorum alterum in dicto negotio , ratione praevia , fuerit expeditum . valeat & vigeat sancta paternitas vestra semper in domino . venerunt igitur ad curiam romanam apud perusium . et domino papa humiliter salutato , formam electionis & rei gestae seriem sub his literis contentam , praesentaverunt . reverendissimo domino & patri in christo charissimo , gregorio dei gratia summo pontifici ▪ devoti filii sui ▪ prior & conventus sancti albani , tam devotam quam debitam cum pedum osculo reverentiam . cum ecclesia nostra per decessum venerabilis patris willielmi , bonae memoriae , quondam abbatis nostri , qui viam universae carnis sexto calend. martii est ingressus , pastoris solatio existeret destituta , certificato super hoc domino nostro rege , ipsoque nobis eligendi licentiam concedente , nos prout potuimus citius & expeditius , volentes animarum periculis occurrere , & ecclesiae nostrae indempnitatibus providere , his omnibus prius sub competenti data dilatione evocatis qui debuerunt & voluerunt potueruntque nostrae electioni commode interesse , ad eligendum nobis pastorem , diem certum praefiximus , in crastino annunciationis beatae virginis . adveniente autem die , praesentibus his qui propter hoc fuerant evocati , aliisque , tractare coepimus & conferre . et quia res praedicta eo die non potuit expediri , in crastino , ut de eodem tractaremus , ingressi sumus capitulum iterato , & ibidem post dei clementiam super hoc misericorditer invocatam , tractare coepimus de praemisso . et tandem in hanc eligendi spem , viris bonis de collegio nostro plenaria data fuerat potestas & collata , quod ipsi pro omnibus electionem nominarent , ratihabitione prius eisdem electoribus promissa , de persona per ipsos electa , & ipsis postmodum nominata . electores siquidem praemisli ad hoc officium , cum dei timore accedentes , cum lachrymis & orationibus dei invocantes auxilium ; diligenter & discrete , sicut exitus indicavit , de hoc negotio tractaverunt , qui per omnia unanimiter & concorditer post tractatus & collationes suas super hoc habitas ▪ nobis virum per omnia idoneum , in abbatem patremque & pastorem elegerunt , & postmodum ingresli capitulum , nobis quem elegerant nominaverunt , scilicet fratrem johannem de hertfort , nostrae professionis monachum , inter nos ab antiquo religiose & irreprehensibiliter conversatum . nos siquidem ibidem unanimiter congregati , in personam illius quem elegerant , & nobis nominaverant , concorditer consensimus , absque omni discordia seu contradictione . firmiter enim credimus ▪ sancte pater , quod idem electus nobis & nostro monasterio per omnia sit idoneus ▪ cum in ipso nihil cur eligi non deberet , sciamus reprobum , nec in eo aliquid deficere perpendimus , quod canon exegit in electo . hinc est ▪ benignissime pater , quare nos , qui filii vestri sumus , & immediate ad romanum pontificem spectantes , vobis in omni qua possumus supplicamus devotione ▪ quatenus dei intuitu , & ad levamen ecclesiae nostrae , quae sub hac vacatura in magno navigat periculo , sub saeculari custodia constituta , electo nostro absque morae dispendio , officii sui confirmationem misericorditer impendatis . nos autem , ut reverenda sanctitas vestra de praemissis fidem habeat indubitatam , sigillo capituli nostri de communi totius conventus consensu has literas nostras patentes , & rei gestae seriem continentes , fecimus consignari . the pope after consideration , condescended to the abbots election , but upon this condition , that he should take an expresse oath of fealty to the pope and church of rome , and to his successors , prescribed in his bull directed to the bishops , ( the first encroachment of this kind upon abbots , to my remembrance ) which oath suddenly tendred to him by way of surprize he took publikely before the covent , and all the clergy and people , at his consecration and instalment , thus related by matthew paris , a monk of this monastery . his autem literis diligenter inspectis , habita cum fratribus deliberatione , concessit summus pontifex monachis juste postulata , laboribus eorum paterno affectu compatiendo , necnon unitatem ecclesiae suae concordem , & discretum in hoc negotio processum collaudando . et ne res aliqua parte progressione usque ad finem careret laudabili , dedit in mandatis elyensi & londinensi episcopis , ut examinata persona electi , benedictionis ei beneficium largirentur , vel alteruter , si ambo interesse non valerent , scribens eisdem sub hac forma . gregorivs episcopus , servus servorum dei , venerabilibus fratribus elyensi & londinensi episcopis , salutem & apostolicam benedictionem . monasterio sancti albani lincolniensis diocaesis , quod ad romanam ecclesiam nullo medio pertiner , abbatis solatio destituto , dilecti filii prior & conventus ipsius monasterii , sicut accepimus , requisito prius , sicut moris est , assensu regio et obtento , vocatis omnibus qui debuerunt , voluerunt , & potuerunt commode interesse , de abbatis futuri substitutione tractantes , post diversos tractatus , quibusdam de collegio eligendi ei abbatem , potestatem plenariam unanimiter contulerunt . idem vero electores , deum habentes praeoculis , collatione super hoc & deliberatione habita diligenti , & spiritus-sancti gratia invocata , dilectum filium fratrem johannem de hertfort , ejusdem monasterii monachum , virum , ut asserunt , providum & discretum , ac in spiritualibus & in temporalibus circumspectum , & cum eis a puero laudabiliter conversatum , in abbatem eorum , & patrem concorditer & canonice eligerunt . quorum electionem solenniter publicatam , universi & singuli approbantes , nobis per dilectos filios fratres reginaldum & nicholaum , monachos & nuncios suos ac literas humiliter supplicaverunt , ut cum per eundem johannem , grata ipsi monasterio in spiritualibus & temporalibus incrementa , sperarentur auctore deo proventura , & rectis dispositionibus nihil debeat difficultatis afferri , electionem hujusmodi confirmare , de benignitate sedis apostolicae dignaremur . licet igitur praedicti nuncii , sollicite super hoc institerint & prudenter , & nos pro eodem monasterio libenter , quod cum deo possumus facere , intendentes , electionem ipsam examinatam prout convenit diligenter , canonicam invenerimus quoad formam ; quia tamen de personae meritis plenam notitiam non habemus , fraternitati vestrae per apostolica scripta mandamus , quatenus quae circa electi personam inquirenda fuerint , sollicite inquirentes , si eam sufficientem inveneritis ad ejusdem monasterii regimen assumendum , praemissam electionem authoritate apostolica confirmetis , et electo faciatis eidem obedientiam et reverentiam debitam exhiberi , ac munus benedictionis impendi . recepturi ab eo postmodum , pro nobis et romana ecclesia fidelitatis sollicitae juramentum , juxta formam quam vobis sub bulla nostra mittimus interclusam . alioquin , ea rite cassata , faciatis dicto monasterio de persona idonea per electionem canonicam provideri . contradictores per censuram ecclesiasticam , appellatione postposita compescendo . formam autem juramenti , quod ipse praestabit nobis de verbo ad verbum , per ejus patentes literas suo sigillo signatas quam cito poteritis per proprium nuncium transmittatis . quod si non ambo his exequendis potueritis interesse , alter vestrum ea nihilominus exequatur . datum perusii . impetratis autem his literis , cum aliis sub bulla clausis , salutato domino papa & fratribus , necnon & respectis , redierunt nuncii praedicti cum prosperitate , post moram in curia factam per xv . dies . episcopus autem londinensis , alio se excusante , mandatum apostolicum diligenter executus , examinatione rite facta , nihil reprobum in persona electi reperiens , munus solenniter benedictionis eidem impendit , in crastino scilicet nativitatis beatae virginis , in ecclesia sancti albani . vbi apertae sunt literae inclusae domini papae , quas , ut oportuit , electus in abbatem benedicendus profitendo legit , in praesentia episcopi et audientia conventus , et totius populi et cleri , sub hac forma . of which , and the new oath therein , you shall have an account in its due place . * matthew paris in the life of this abbot john the . makes this more full relation of the manner of his election . william the abbot of st. albans deceasing , the monks thereupon sent this supplicatory letter to the king , to grant them his license to elect another in his place . excellentissimo domino & in christo reverendissimo , henrico dei gratia illustri regi angliae , domino hiberniae , duci normanniae & aquitaniae , comiti andegavensi : devoti sui semper & humiles , prior sancti albani & ejusdem loci conventus , cum omni humilitate & devotione , aeternam in domino salutem . vestrae innotescimus excellentiae , quod venerabilis pater noster willielmus quondam abbas ecclesiae nostrae , in fata decessit : ideoque dilectos fratres nostros n. & n. latores praesentium ad vos destinamus . excellentiae vestrae omni qua possumus devotione , et lachrymarum effusione , flexisque genibus supplicantes , quatenus divinae pietatis intuitu , nobis gratiam dign●nter impertientes , eligendi pastorem liberam nobis concedatis facultatem . statui domus nostrae misericorditer , si placet , compatientes , juxta necessitates , quos dicti fratres nostri vobis duxerint exprimendas . valeat regia dignitas in aeternum . misimus insuper literas amicis nostris in curia , sub hac forma : ut ipsi negotium nostrum expedirent . they likewise sent this letter to the chancellor . urgentibus negotiis novis & inopinatis emergentibus , priorum amicorum auxilium familiare & consilium evidens ; suadet honestas , & compellit instans necessitas . ideoque sincerae paternitati vestrae omni qua possumus devotione supplicamus , quatenus divinae pietatis intuitu , statui domus nostrae juxta necessitates quas fratres nostri n. & n. latores praesentium vobis duxerint exprimendas , misericorditer , & paterno subveniatis affectu , eo quod venerabilis pater noster willielmus quondam abbas monasterii nostri , divino nutu diem clausit extremum : nos monachos suos quasi orphanos piorum consilio relinquens & auxilio . quorum indigentiae sic vestra dignetur consulere miseratio , ut deus pater pupillorum , digna mercede vestram remuneret p●etatem . having obtained the kings license to elect a new abbot , they sent this summons to all the priors of their cells that had voyces in the election . frater e. prior ecclesiae sancti albani ejusdemque loci conventus , dilecto sibi in christo ▪ tali vel tali priori , salutem in domino sempiternam . quum venerabilis pater noster willielmus quondam abbas monasterii nostri , divino nutu diem clausit extremum , & oportet per commune consilium ecclesiae nostrae provider● de pastore ; mandamus quatenus in crastino annunciationis dominicae proximo affuturae , compareas personaliter apud sanctum albanum , una nobiscum tractaturus super electione abbatis . quod si forte non potueris justa ex causa praepeditus , te sub hac forma excuses per literas tuas patentes . viris venerabilibus domino e. priori de sancto albano ejusdemque loci conventui , frater n. prior talis vel talis loci ; tali vel tali , salutem . praepeditus negotio certo , videlicet assignato , vel gravi detentus infirmitate , in crastino annunciationis dominicae apud sanctum albanum personaliter interesse non possum , una vobiscum super electione abbatis tractaturus . ideoque non expectata praesentia mea , in dicto negotio , quod vestrum est , exequamini . valete . congregatis igitur fratribus die statuto & praefixo , videlicet die dominica ; non potuimus pro solemnitate illius diei tractare de electione . et cantavimus ea die de dominica procrastinantes solemnitatem de annunciatione facienda : unde nec in crastino , scilicet die lunae , nequivimus tractare de tam arduo negotio , quod tanta & tam morosa deliberatione indiguit . die igitur martis , convenientibus in unum tam prioribus quam aliis , qui debuerunt & voluerunt commode in capitulo interesse ; elegerunt s●llemniter johannem de hartfordia , priorem de hertford , monachum suum professum , in pastorem animarum suarum : virum pium , & monachum ordinatum ; qui domino regi praesentatus , ab eo favorabiliter dominica in ramis palmarum ( tum quia elegans et venerabilis extitit statura , tum quia audierat quod dapsilis et civ●●is ac socialis fuerat , dum prior hertfordiae fuerit ) est susceptus : et idcirco promptius , quia rex semper domum sancti albani dilexerat : cui literas petitorias a priore & conventu sub hac forma transmisimus . illustri domino suo & magnifico , henrico dei gratia regi angliae , &c. devoti sui semper & humiles e. pr●or sancti albani , & ejusdem loci conventus , cum omni humilitate & devotione , aeternam in domino , salutem . regiae excellentiae vestrae , dominum johannem priorem de hertfordia , virum idoneum et honestum , quem de benignitate et licentia vestra nobis concessa , in patrem nobis elegimus et pastorem , praesentamus . cum omni humilitate et devotione supplicantes , quatenus ex innata vobis benignitate , solitaque clementia erga nos et ecclesiam nostram concepta et habita , dictum johannem electum nostrum , in gratiam recipiatis ; vestrum eidem consilium , auxilium , et favorem , divinae , si placet , intuitu pietatis impendentes . valeat , &c. dominus autem rex cum hoc audisset , & perpendisset progressum nostrum ordinatum & humilem , non tantum nobis suum favorem impertivit , & juvamen , imo domino papae & amicis suis in curia romana pro nobis scripsit sic , ( well knowing that nothing would be done therein at rome , but by such letters , seconded with underhard bribes . ) reverendo domino & patri & in christo charissimo , gregorio dei gratia summo pontifici , henricus eadem gratia rex angliae , &c. salutem : & tam devotam quam debitam in omnibus , tanto domino & patri reverentiam . noverit sancta paternitas vestra , nos electioni factae de fratre johanne de hertford , monacho de sancto albano , in abbatem sancti albani , regium adhibuisse favorem et assensum . et quia ad sedem apostolicam immediate spectat electionis praedictae confirmatio , hoc sanctae paternitati vestrae duximus praesentium tenore significandum : devote supplicantes quatenus eidem electioni munus confirmationis dignemini , si placet , favorabiliter impendere . teste memetipso apud abendon , primo die aprilis , anno regni mei xix . item literae domini regis ad amicos suos in curia romana , pro electo . venerabili in christo patri , & amico specialiter dilecto , j. dei gratia gg . sanctae praxedis presbytero cardinali : henricus dei gratia rex angliae , &c. quotiens ingruente necessitate nos contingit , pro nostris vel alienis negotiis apostolicae sedis implorare subsidium , ad eorundem negotiorum expeditionem , vestra nobis necessaria est diligentia : quam in omnibus vestri gratia nobis recolimus subvenisse . cum igitur electioni factae de fratre johanne monacho sancti albani , in abbatem ejusdem loci , regium adhibuerimus assensum , et favorem , & immediate subjecta sit ecclesia sancti albani , sanctae romanae ecclesiae : paternitati vestrae duximus attente supplicandum , quatenus cum nuntii , & procuratores dicti electi ad obtinendum a sede apostolica confirmationem dictae electionis , ad curiam venerunt , ad assecutionem sui propositi in hac parte , vestra dignetur eis paternitas auxilio & consilio subvenire . per quam subventionem , multiplicetur vobis gratia nostra , quam ex diversorum negotiorum promotione non dubitamus eis vos comparasse . teste meipso , primo die , &c. injunctum est igitur duobus fratribus monachis hujus ecclesiae , videlicet domino reginaldo de bocking physico , & domino nicholao de sancto albano , & cuidam clerico nostro , magistro scilicet galfrido de langeleia , ut curiam romanam protinus adirent : ut electionem ritè factam impetrarent à sede apostolica confirmari : qui se precibus conventus commendantes , illico perrexerunt . et statutum est in capitulo quaedam specialia fieri pro eisdem missarum & orationum suffragia : et cum ad curiam romanam ( quae tunc perusii fuerat ) pervenissent ; ut promptiorem a domino papa gratiam obtinerent , pecuniae quandam summam papalibus pedibus obtulerunt : quam statim gratanter receptam , jussit dominus papa cuidam fratri minori , thesaurario ac cubiculario suo , illam pecuniam in gazophylacium suum deportare . et accumulatis illis denariis , aliis candidis esterlingis , noluit frater vel etiam forulum nuntiis resignare , nec dominus papa ( quem civilem et dapsilem fore deceret ) ad prandiolium invitare . respectis igitur janitoribus et ministris papalibus , in muneribus ( quia sic oportuit , cum patulis rictibus ipsis donis inhiarent ) recesserunt in crastinum ( prout eis dictum erat ) redituri . et cum tunc advenissent , ostendentes regios apices domino papae , tum propter ipsos , tum propter serotinum xenium , ( aliis etiam epistolis , quas secum amicis domini regis detulerunt adminicul antibus ) gratiam ab illa venali curia obtinuerunt . respexerant enim amicos regis quibus ejus literas attulerant , donis uberrimis , qui solitas literas steriles et infructuosas , sine muneribus concurrentibus parvi pendunt . electione igitur confirmata , cum benedictione apostolica ( quam satis comparaverunt ) gaudenter sunt reversi , nec unquam postea , ipsam curiam diligere aut commendare potuerunt . approbata vero quamplurimum fuit ab ipso domino papa & a cunctis fratribus cardinalibus ( & maxime a domino ottone , qui verba optima secit pro domo sancti albani ) forma electionis & totius processus negotii , admirantibus universis , quod inter tot capita fuit tam indilata sententia , & consensus uniformis . et addidit otto memoratus coram papa , & cunctis assidentibus : domine , semper religio , unitas , & concordia in illa domo viguerunt . unde ab universis dictum est , quod non sine nutu spiritus sancti illud negotium fuerat prosecutum . multitudinis enim credentium fuit cor unum , & anima una . et ut audientes non lateat , haec est consuetudo eligendi abbatem , in ecclesia sancti albani . confessores , scilicet , tres vel quatuor , jubentur districte in virtute spiritus sancti ( utpote qui cognoscit corda & renes singulorum ) ut ipsi eligant duodecim de conventu fratres electos , fideles , & peritos , ut ipsi vel de seipsis , vel de ipso conventu ecclesiae , vel de cellis , unum idoneum eligant in abbatem . de ipsis ( inquam ) quia sic non consueverunt antiquitus , imo de aliis quam seipsis , quod absurdum fuit & dissonum rationi . et in hoc variata est antiqua consuetudo , & in melius commutata . ut autem electio & labor tantae diliberationis super hoc negotio , nullatenus irritus habeatur & inanis , literas habent de conventu penes se sigillo conventus roboratas , ut ipse conventus illum quem ipsi duodecim eligent in abbatem , sine contradictione aut difficultate unanimiter in pastorem suscipient , & gratanter . unde series negotij sic prosecuta , a summo pontifice ( ut praetactum est ) palam coram omnibus est commendata . et facta examinatione auctoritate apostolica , illico confirmata . veruntamen quia de persona electi , domino papae non constabat , dedit in mandatis eliensi & londoniensi episcopis , ut rite facta examinatione ex persona electi , eundem in abbatem confirmatum benedicerent , plene in omnem tam spiritualium quam temporalium administrationem instituentes . cum autem rediissent nuntij de curia , ostendebant literas domini papae episcopis memoratis , qui electo scripserunt sub hac forma . hvgo dei gratia elyensis , & rogerus eadem gratia londoniensis episcopi ; johanni de hertford . electo sancti albani , salutem . mandatum domini papae suscepimus in haec verba . gregorius episcopus , &c. hujus igitur auctoritate mandati nobis transmissi vobis mandamus , quod die lunae proxima post festum sancti laurentij , in ecclesia conventuali apud crucem roifiae compareatis coram nobis ; parati examinationem subire , & electionis ( deo dante ) confirmationem suscipere , secundum formam mandati apostolici . quod & abbas sub omni fecit maturitate . affirmabant utique tam episcopi memorati postquam audierant , quam nuntij nostri , quod prudenter processum est in hoc negotio . et literas postulabant ad inspicendum , quas conventus s. albani domino papae transmisit sub transcripto . quas si quis inspicere desiderat , in hoc volumine , ubi scilicet pingitnr avicula , poterit invenire , cujus rubrica & titulus talis est . literae missae domino papae de morte abbatis gulielmi , de forma electionis alterius abbatis substituendi , jam electi ; scilicet johannis londoniensis vero episcopus , variis & arduis negotiis praepeditus , ne ad locum veniret memoraum , se excusavit : episcopo elyensi . sic scribens . venerabili fratri , & amico in christo charissimo h. dei gratia elyensi episcopo r. divina miseratione londoniensis ecclesiae minister humilis , salutem & sinceram in domino charitatem . in negotio examinationis electi sancti albani , & confirmationis ejusdem , vobis & nobis a domino papa commisso , variis praepediti negotiis , die lunae proxima post festum sancti laurentii , apud crucem roisiae & ecclesiae conventuali interesse non possumus . ideo non expectata praesentia nostra , quod vestrum est in dicto negotio , exequamini . valeat paternitas vestra , semper in domino . confirmatus est igitur electus facta examinatione , sub tali scripto . in nomine patris , & filij , & spiritus sancti . inquisitis secundum formam literarum domini papae , quae circa personam johannis electi sancti albani sunt inquirer da , tum per testes juratos , tum per propriae personae examinationem , invenimus ipsum ad regimen dictae ecclesiae sufficientem . unde electionem de ipso factam , auctoritate apostolica confirmamus . quo facto , misit elyensis conventui sancti albani ad majorem certificationem , literas , sub hac forma . hvgo dei gratia elyensis episcopus , dilectis in christo priori & conventui s. albani , salutem in domino . noverit discretio vestra , nos juxta formam mandati apostolici , electionem de fratre johanne de hartford in abbatem monasterij vestri canonice celebratam , auctoritate apostolica confirmasse . quocirca authoritate apostolica qua fungimur , vobis mandamus in virtute obedientiae districte praecipientes , quod eundem electum vestrum in abbatem & pastorem devote admittatis , obedientiam & reverentiam debitam eidem humiliter impendentes valete . scripsit insuper idem episcopus super hoc domino regi , sub hac forma . excellentissimo domino henrico tertio dei gratia illustri regi angliae , &c. hugo , divina miseratione elyensis episcopus , salutem , reverentiam , & honorem . noverit excellentia vestra , nos juxta formam mandati apostolici , electionem de fratre johanne de heriford in abbatem monasterij sancti albani canonice celebratam , authoritate apostolica confirmasse . quocirca excellentiam vestram rogamus , quod ob reverentiam sedis apostolicae , dictum electum habentes commendatum , administrationem dictae abbatiae eidem commutatis . valeat excellentia vestra semper in domino . scripsit insuper ( domino rege accestante ) & palam publicavit , chartam istam confirmationis . omnibus christi fidelibus literas has inspecturis vel audituris . hugo dei gratia elyensis episcopus , salutem in domino sempiternam . noveritis quod cum nobis , & venerabili fratri nostro london . episcopo commissum esset negotium a domino papa examinationis personae fratris johannis de hertford electi in abbatem monasterij sancti albani , & confirmationis ejusdem , episcopo londoniensi in dicto negotio excusato literatorie , nos electionem ipsius johannis in hunc modum confirmamus . in nomine patris , & filij , & spiritus sancti . inquisitis secundum formam literarum domini papae , quae circa personam electi sancti albani fratris johannis sunt inquirenda , tum per testes juratos , tum per propriae personae examinationem , invenimus eum ad regimen dictae abbatiae sufficientem . unde electionem tanquam de persona idonea de ipso factam , authoritate apostolica confirmamus . in cujus rei testimonium , his literis nostris patentibus , sigillum nostrum duximus apponendum . acta anno domini m. cc. xxxv . die lunae , proxima post festum sancti laurentii apud crucem roisiae . in crastino igitur , scilicet nativitatis beatae virginis , in ecclesia sancti albani ad majus altare , in praesentia episcopi london . & totius conventus in choro existentis , idem episcopus eidem electo munus impendit benedictionis . ubi apertae sunt literae inclusae , & bullatae domini papae , quas oportuit electum in abbatem benedicendum , profitendo palam legere , sub hac forma . ego johannes monasterii sancti albani abbas , ab hac hora in antea , fidelis et obediens ero sancto petro , sanctaeque apostolicae romanae ecclesiae , et domino meo papae gregorio , ejusque successoribus canonice intrantibus . non ero in cansilio , aut consensu , vel in facto , ut vitam perdant aut membrum , aut capiantur mala captione . consilium vero quod mihi credituri sunt , per se aut per nuntios suos , sive per literas , ad eorum damnum me sciente nemini pandam . papatum romanum et * regalem sancti petri , adjutor eis ero ad retinendum et defendendum , salva ordine meo , contra omnem hominem . ( not * excepting the king himself as is usual in homage and fealty to all other lords . ) legatum apostolicae sedis in eundo et redeundo , honorifice tractabo , et in suis necessitatibus adjuvabo . vocatus ad synodum veniam , nisi * praepeditus fuero canonica praepeditione . apostolorum limina * singulis trienniis visitabo , aut per me aut per nuntium meum , nisi absolvae apostolica licentia . possestones vero ad monasterium meum spectaiites , non vendam , neque donabo , neque impignorabo , neque de novo infeudabo , vel aliquo modo alienabo , * inconsulto romano pontifice : sic me deus adiuvet , et haec sancta evangelia . this new oath of allegiance and fealty to the pope and see of rome , being the highest incroachment upon the kings rights and prerogative , making all who took it the popes subjects , vassals , villains , not the kings , was sealed up and concealed both from the king and abbot elect , till this very nick of his consecration and benediction , for fear it should be opposed , refused , as the historian observes , and thus relates . haec cooperta fuerunt , occulta , et clausa sub bulla , donec staret pontificalibus ad altare redimitus , quando nullo modo poterat ab ista abligatione resilire . et cum rogasset abbas ab episcopo londoniensi rogero , quid romae faceret ? episcopus , sicut jocundus extitit , jocose respondit sub ▪ ridens , & ait : amice ut offeras : & veritas in verbo latitavit . rex autem super praemissis certificatus , tenentibus de sancto albano scripsit in haec verba . henricus dei gratia rex angliae , &c. militibus , liberis hominibus , & omnibus aliis tenentibus de abbatia de sancto albano , salutem . sciatis quod electioni factae de fratre johanne de hertford in abbatem s. albani , assensum regium praebuimus & favorem . et ideo vobis mandamus , quod eidem sratri johanni tanquam domino vestro , in omnibus quae ad praedictam abbatiam pertinent , intendentes sitis & respondentes . incujus rei testimonium , has literas nostras fieri fecimus patentes . teste meipso apud westmonasterium , decimo octavo die augusti , anno regni nostri duodecimo . ex tunc igitur abbas plenarie constitutus , cepit homagia , & juramenta , & fidelitates , omnium abbatiae subditorum , installatus , & in omnibus abbas habitus & firmatus . sed ut non lateat simpliciores qualiter se gessit dum electus esset , & qualiter in posterum se gerere debet electus , praesentibus duximus inserendum . in the beginning whereof he thus expresseth the new abbots sence and detestation of this new oath , and yoak of bondage imposed by the pope on this famous monastery , ( and on others by his ill president in submitting thereunto ) and of the popes manifold superadded exactions . iste johannes secundus abbas , prior quando que de hertford & inde oriundus : praeter opinionem omnium nutu dei sublimatus in abbatem : primo invitus et dolens , romanorum jugum subiit servitutis : ut scilicet , de triennio in triennium , vel per se , vel peralium limina adiret apostolorum , sicut in subdola professione ejusdem continetur ▪ in magnum ecclesiae damnum et gravamen , et insatiabilis romanae curiae emolumentum voluntarium et injuriosum . primus quidem fuit in abbatem creatus post concilium laterense generale , sub papa innocentio quarto celebratum : in quo illud continetur cum aliis gravaminibus , in ecclesiae sancti albani ( quae a fundatione sui primitiva libera & ingenua legitur extitisse ) praejudicium , et si fas est dicere , injuriam et jacturam . iste quoque abbas in novitate sua multis exactionibus fatigabatur , et expensis , sed prae omnibus romanorum oppressionibus novis et inauditis coepit molestari . et quod obstantibus antiquis privilegiis ( quae non sine magna sanctorum patrum injuria et contemptu cassantur et spernuntur ) non permissa est tam celebris ecclesia suis libertatibus gratulari . id cujus rei triste praesagium , paulo ante ejusdem abbatis creationem , & cito post ( scilicet infra triennium ) bis supra ecclesiam beati albani visum est fulgur usque ad incendium cecidisse , quod se meminit praevidisse , nec audivit evenisse . et sicut non prodest sanctorum inniti privilegiis aut indulgentiis , sic non obstitit fulguri impressio papalis cerea , in qua agnus dei figuratur , quae in summitate turris nostrae collocatur , quae ut dicitur , contra tales procellas abigendas virtutem habet & potestatem . i have related these passages at large , to evidence the execrable bribery , symony , rapine , extortions and insufferable usurpations of this pope on the crown and church of england , recorded by matthew paris living in that age , privy to all these transactions being a monk of st. albans , ( little redounding to the honour of the pope , court or church of rome . ) which though generally detested , yet could not be resisted , reformed in that age by the king , nobles or clergy of england , who only murmured and made some bootlesse petty oppositions against them . the pope to raise moneys for himself and his own wars , under a pretext of supplying and ayding the holy land , against the saracens , issued forth his bulls for a new crossado throughout the christian world , which he caused to be re-published . hoc denique anno , qui est annus octavus postquam constitutae sunt treugae decennales in terra promissionis , inter romanum imperatorem fredericum & babyloniae soldanum , facta est praedicatio crucis per orbem universum christiana fide insignitum , ad commonitionem & instantiam domini papae gregorii , qui literas in diversas orbis partes , sub hac forma direxit , ( the same verbatim with those forecited , p. , , . ) gregorius episcopus , servus servorum dei , universis domini nostri jeseu christi fidelibus per regnum angliae constitutis , ad quos literae istae pervenerint , salutem & apostolicam benedictionem . rachel suum videns in verae fidei cognitione principium accrescentium in salutem , & filiorum dexterae pia mater sancta romana ecclesia , cujus magna est quasi mare de suae prolis internecione contritio , vocem lamentationis fletus & luctus emisit hactenus , & emittit , quam audiri cupimus in excelso , ut per diem & noctem fidelium oculi doloris lachrymam deducentes non taceant , & donec misereatur dominus , non quiescant , &c. dat. spoleti , . nonas septemb. pontificatus nostri anno octavo . assignati sunt autem praedicatores a domino papa in opus crucis & animarum oberrantium lucrifactionem , per orbem universum , fratres de ordine praedicatorum ac minorum , cum magistris in theologia perfectis , utpote magister johannes da sancto albano oriundus , aliquando decanus ecclesiae sancti quintini , postea thesaurarius ecclesiae sarisburiensis , & alii viri discreti ac sancti ; qui in opus evangelii profecti , praedicaverunt ubique domino cooperante , & sermonem confirmante sequentibus signis . habuerunt autem ex mandato apostolico , provinciarum archidiaconos , & decanos , qui in locis singulis parochianos , viros & mulieres convenire fecerunt : ita ut nullus remaneret sub poena anathematis quin eorum praedicationibus interesset . whereupon they inform us of this fabulous miracle wrought upon a creeple , to set on this design with more speed and vigour . contigit autem hoc anno . idus junii , in villa de clare , ubi magister rogerus de lewes , frater quidem de ordine minorum , pro negotio crucis evangelium in dominica praedicavit , ut mulier quaedam omni membrorum officio jam per triennium destituta , poenam metuens excommunicationis , paucum quod habuit argenti cuidam viro sibi vicino contulit , qui eam in humeris suis ad locum veheret praedicationis . ubi cum gemens jaceret & lugens quousque vir dei praedicationem absolvisset , motus compassione super gemitibus mulieris , quam lugentem jacere conspexit , accessit ad eam , atque causam ad quid illuc venisset inquisivit . quae cum diceret , quod metu excommunicationis ad locum sermonis fuisset delata ; praecepit ut iret in domum suam , nesciens quod membris omnibus esset dissoluta . sed cum astantes vicini ejus testarentur , quod omnium erat usu membrorum jam elapso triennio privata , interrogabat , si crederet quod deus potens erat , ut sibi , si vellet , redderet sanitatem ? cui illa , credo domine . tunc vir dei mulierem inter brachia complectens , levavit eam fiducialiter , & ait : sanet te deus omnipotens , in quem credis . et cum mulier ad vocern jubentis se erigeret confidens in domino , coeperunt ossa ejus & nervi cum compagibus dum surgeret crepare , ut visum sit astantibus , quod omnia ossa ejus in frusta fuissent comminuta . et sic mulier sanitati pristinae restituta , abiit in domum suam , exaltans & magnificans dominum qui talem servis suis contulit potestatem . thus were the ignorant people cheated of their monyes , and their blind devotion abused , year after year , by these pious fraudes and forged miracles of the pope , and his freers predicants , to the scandal of religion . this year , pope gregory the th . to advance his own papal authority over all christian kingdomes , churches throughout the world , by giving , prescribing lawes and decretals to them to gain mony for dispensations against them and other canons , published his books of decretals bearing his own name , whereof we have this account . his quoque temporibus gregorius papa ix . videns decretalium taediosam prolixitatem , sub quodam compendio eas eleganter abbreviatas & collectas , solenniter & authentice per totius mundi latitudinem legi praecepit et divulgari . illas autem ab auctore ipsarum gregorianas appellamus , sic incipientes : rex pacificus , &c. in quibus quaedam innovavit , ne scilicet illegitimi in praelatas vel ecclesiastica beneficia , nisi adepta a sede romana legitimationis dispensatione , obtineant : sciens inde curiae romanae pro impetratione tali , multa emolumenta provenire : sicut ex statuto innocentii , pro dispensatione plurium beneficiorum obtinendorum . these monopolies of papal dispensations in these two cases of illegitimations and pluralties , being very gainful , though scandalous and unchristian projects ; and lest such who needed or desired such dispensations should want monyes to purchase them , or any other indulgences or to defray papal exactions upon all occasions , this pope and his agents sent abroad usurers , and sharking broakers into all countries , under the titles of marchants , especially into england , which proved a pernicious pest and greivance to the kingdom and churchmen , as this relation of their practices discovers . invaluit autem his diebus adeo caursinorum pestis abominanda , ut vix esset aliquis in tota anglia , maxime praelatus , qui retibus illorum jam non illaquearetur . etiam ipse rex debito inaestimabili eis tenebatur obligatus . circumveniebant enim in necessitatibus indigentes , usuram sub specie negotiationis palliantes : & nescire dissimulantes , quod quicquid accrescit sorti , usura est , quocunque nomine censeatur . manifestum est enim , eorum accommodationes ab ordine charitatis sequestrari , cum non manum porrigant egentibus auxiliatricem , ut eis subveniant , sed circumveniant : non ut alienae succurrant inediae , sed ut suae consulant avaritiae , cum quicquid agant homines , intentio judicet omnes . debitores autem suos sub tali obligatione sibi obligaverunt . universis praesens scriptum visuris n. prior , et conventus n. salutem in domino . noveritis nos mutuo recepisse apud londinum , pro nostris et ecclesiae nostrae negotiis utiliter expediendis , ab illo n. et illo n. pro se et sociis suis , civibus et mercatoribus civitatis n. centum et quatuor marcas bonorum et legalium esterlingorum , tredecim solidis et quatuor esterlingis pro qualibet cumputatis . de quibus centum et quatuor marcis , nomine nostro et ecclesiae nostrae , bene nos vocamus quietos et integre protestamur pacatos : exceptioni non numeratae , non solutae , et non traditae nobis pecuniae , ac etiam exceptioni , quod dicta pecunia in usus nostros et ecclesiae nostrae non sit conversa , omnino renunciantes . quas praetaxatas centum quatuor marcas esterlingorum , praedicto modo et numero computandas dictis mercatoribus , vel uni ipsorum , vel eorum certo nuncio , qui praesentes literas secum attulerit , in festo sancti petri ad vincula , scilicet prima die mensis augusti , apud novum templum londini , anno dominicae incarnationis millesimo ducentisimo trigesimo quinto , per legitimam stipulationem promittimus , et tenemur nomine nostro et ecclesiae nostrae , nos integre soluturos , et reddituros . tali tenore adjuncto , quod si dicta pecunia praedictis loco et termino , sicut dictum est , non fuerit persoluta et reddita ; ex tunc in antea semper transacto termino promittimus , et tenemur per eandem stipulationem , dare et reddere praedictis mercatoribus , aut uni eorum , vel eorum certo nuntio , per singulos menses duos , pro singulis decem marcis , unam marcam dictae monetae , pro recompensatione damnorum , quae damna et expensas ipsi mercatores ex hoc possent incurrere vel habere : ita quod damna et expensae et sors cum effectu peti possint , ut superius sunt expressa , et expensas unius mercatoris cum uno equo , et cum uno serviente , ubicunque fuerit mercator , usque ad plenam solutionem omnium praedictorum . expensas etiam factas et faciendas , pro ipsa pecunia recuperanda , reddemus et restaurabimus eisdem mercatoribus , vel uni eorum , vel eorum certo nuncio . quam recompensationem damnorum interessae , et expensarum , promittimus dictis mercatoribus in sortem dicti debiti nullatenus computari , ac non detinere dictum debitum sub praetextu recompensationis memoratae , contra voluntatem praedictorum mercatorum , ultra terminum antedictum . pro quibus omnibus antedictis , firmiter et plenarie adimplendis , et inviolabiliter observandis , obligamus nos et ecclesiam nostram , et successores nostros , et omnia bona nostra et ecclesiae nostrae , mobilia et immobilia , ecclesiastica et mundana , habita et habenda , ubicunque fuerint inventa , mercatoribus antedictis , et eorum haeredibus , usque ad plenam solutionem omnium praedictorum , quae bona ab eis precario nomine recognoscimus possidere . et volumus super omnibus antedictis ubique et in omni foro conveniri , renunciando pro omnibus antedictis , pro nobis et successoribus nostris , omni juris auxilio canonici et civilis , privilegio clericatus et fori , epistolae divi adriani , omni consuetudine et statuto , omnibus literis , indulgentiis , privilegiis , pro rege angliae , et omnibus regni sui a sede apostolica impetratis et impetrandis , constitutioni de duabus dietis , beneficio restitutionis in integrum , beneficio appellationis et recusationis , * literis inhibitionis regis angliae ; et omni alij exceptioni reali et personali , quae posset objici contra hoc instrumentum vel factum . omnia ista promittimus fideliter observanda . in cujus rei testimonium , praesenti scripto sigilla nostra duximus apponenda . acta die quinta aelphegi , anno gratiae m. cc. xxxv . talibus igitur inextricabilibus vinculis debitores suos caursini constringebant . qui ut verbo alludamus , vere caursini , quasi causantes , vel capientes , & ursini nuncupantur . indigentes tamen primo sermonibus mellitis & mollitis alliciebant , in fine vero velut jacula vulnerantes : unde multi propter verba eorum subscripta arguta , & a legibus extracta , causidicorumque cognata fallaciis , haec non sine curiae romanae conniventia fieri arbitrantur , illud evangelicum commemorantes : prudentiores sunt filii saeculi hujus , quam filii lucis , in generationibus suis . judaei quoque novum genus usurae in christianis comperientes , sabbatha nostra immerito deridebant . the bishop of london endeavoured to reform this worse then jewish usury and extortion , but without successe to his great vexation . eodemque anno , episcopus londinensis rogatus , vir quidem bene literatus & religiosus , cum intellexisset hos caursinos usuras sine erubescentia palam frequentare , vitamque spurcissimam deducere , viros religiosos variis fatigare , pecuniamque argumentose coacervare , & multos juga eorum coactos subire , commotus est & iratus , & zelo justitiae accensus , omnes illos quasi schismaticos admonuit , ut a tali enormitate , sicut animarum suarum salvationem deligerent , desisterent , poenitentiam agentes de commissis . quod cum contempsissent , subsannantes , & deridentes insuper & comminantes , episcopus armis accinctus justitiae spiritualis , omnnes tales generaliter involuit anathemati , et jussit praecise et districte eos a civitate londinensis , quae hactenus talis pestilentiae fuit ignara , citius elongari , ne diocesis sua tali tabe macularetur . at ipsi tumentes et superbi , de papali defensione confidentes , sine difficultate et morae dispendio , in romana curia impetrarunt , ut dictus episcopus , qui jam senuerat , valetudinarius et aegrotativus , citaretur peremptorie in remotis partibus ultra-marinis , coram judicibus caursinis familiaribus , quos elegerant ipsi ad voluntatem suam : ut compareret super tali injuria mercatoribus papalibus irrogata , responsurus . episcopus vero malens patris verenda ut sem tegere , quam ut cam revelare ; suscitatum tumultum sedavit pacifice : et haec sub dissimulatione pertransiens , causam tam ard●am sui * pauli patrocinio commendavit : qui cum de rigore fidei et iustitiae praedicaret , scripsit dicens : et si angelus vobis his contraria praedicaverit anathema sit . how insolent , * proud , covetous the degenerous freers minorites and predicants grew in that age , through this popes favour , corruption and preaching up his crossadoes , this monk thus registers . eodem quoque tempore , quidam de fratribus minorum , necnon & aliquide ordine praedicatorum , impudenter nimis , suae professionis & ordinis immemores , in territoria aliquorum nobilium coenobiorum se clam ingesserunt : sub praetextu officii sui adimplendi , & velut post crastinam praedicationem recessuri . sed vel infirmitatem , vel quippiam aliud simulantes , manserunt : & fabricato ex ligno altari , superpositoque altariolo lapideo benedicto secum allato , missas clandestinas demissa voce celebrarunt , confessiones multorum receperunt etiam parochialium , in praejudicium presbyterorum . dicebant namque , se talem a domino papa suscepisse potestatem , ut eis scilicet fideles quae suo erubescunt sacerdoti confiteri , vel dedignantur , quia consimili peccato constringuntur , vel timent , quia temulento , confiteantur ; quibus injungant minores poenitentias , & absolvant . interim ad romanam curiam misso procuratore festino & diligenti , contra religiosos , in quorum degebant territorio , concessam impetrarunt cum aliquo adjuncto beneficio mansionem . quod si forte adhuc eis satisfieri non videretur , in verba contumeliosa & comminatoria proruperunt : ordinem alium quam suum reprobantes , aliosque de numero fore damnandorum asserentes : nec parcere callo plantarum suaarum , donec thesauros adversariorum suorum licet multos exhausissent . unde in multis cedebant eis religiosi deferentes propter scandalum , & propter potentum offendiculum . erant enim magnatum consiliatores & nuncii , etiam domini papae secretarii , nimis in hoc gratiam sibi saecularem comparantes . aliqui tamen in curia romana contradictores invenientes , obviis rationibus refraenati , confusi recesserunt ; dicente eis torvo vultu summo pontifice , quid est hoc fratres ? quo prorumpitis ? nonne professi estis paupertatem spontaneam , ut discalceati , & inglorii peragrantes vicos , & castella , & loca remotiora , prout opus exigit , verbum dei humiliter seminetis ? praesumitis jam invitis dominis feudorum mansiones vobis usurpare ? jam videtur in magna sui parte religio vestra expirare , & doctrina refutari . hoc audito recedentes , modestius se habere coeperunt , qui prius multiplicaverunt loqui sublimia gloriantes : & infra septa alterius arbitrio alieno morari & detineri recusantes . king henry the d. so far degenerated from himself after his marriage , in complying with the popes usurpations , that he endeavoured by pretext of the popes bull , to revoke some of his own grants as invalid , because they had not the popes assent unto them , for which he was much condemned by some of the nobility , as one endeavouring overmuch to enthral his kingdom and the right thereof to the vassallage of the pope . eodem tempore congregati sunt apud wintoniam magnates angliae praesente rege sexto idus junij ; vbi rex nitebatur per authenticum domini papae , quaedam , quae ante matrimonium contractum aliquibus contulerat , in irritum revocare , ac si esset impos sui , sine domini papae conniventia , ad quem , ut dicebat , ius regni spectabat conferre . unde multos commovit ad admirationem , dicentibus multis , quod magis quam decuit aut oportuit , regnum suum nitebatur rex ejus subdere servituti , et extremis conditionibus mancipare . this year the pope betaking himself to his usual cheat , to raise monyes for his own use and wars against the emperor , under pretext of releiving the holy land , and dispensing with those vowes for summes of money , which himself and his preaching freers exhorted the people to enter into , for the remission of their sins , and salvation of their souls , gave no smal scandal to these crossed votaries and others , who discovered the imposture overlate , after he had cheated them of their monye by this art , ●refusing to restore any part thereof , as this passage will inform and assure us . eodem quoque anno facta est praedicato solennis , tam in anglia quam in francia , a fratribus praedicatoribus & minoribus , & aliis famosis clericis , theologis , & religiosis , per authenticum domini papae ; cruce se signaturis plenam concedentibus peccatorum indulgentiam , de quibus confessi vere fuerint poenitentes . qui civitates , castella , & pagos peragrantes , & in temporalibus multa remedia promittentes , scilicet de * usuris contra judaeos ne amplius currerent , & protectionem domini papae in redditibus & rebus impignoratis pro viaticis suis omnibus cruce signatis , infinitum populum , ad votum peregrinationis accinxerunt . et postea misit dominus papa in angliam , fratrem thomam templarium familiarem suum , cum authentico suo ; ut quos vellet , & prout expedire videret , cruce signatos , accepta pecunia , quam se ducebat utilius ad promotionem terrae sanctae expensurum , a voto peregrinationis absolveret . quod cum viderent cruce signati , admirantes insaciatam romanae curiae cupiditatem , magnam conceperunt mentibus indignationem , quod tot argumentis nituntur romani tam impudenter loculos emungere populorum . addiderunt namque praedicatores : quod si quis cruce signatus vel non signatus , qui in propria persona iter peragere non posset tam laboriosum , quod facultas permitteret in bonis , in subsidium terrae sanctae conferre non omitteret , & sic plenissime indulgentia gauderet praenominata . sed haec omnia auditores suspectos reddiderunt . dicebant namque : ecquis dispensator noster fidelis erit ? sicque factum est , quod dominus papa , concepta indignatione adversus populum , movit guerram , nummos extorquens ; collegit decimam ex omnibus regionibus , et infinitam pecuniam adunavit , ut ecclesiam defenderet . sed cito pace composita , facti sunt papa et imperator amici , sed nunquam pecunia fuerat restituta . et sic diatim , multorum devotio , fidesque titubavit plurimorum . a pope alexander the d. and the council of lateran , about the year . taking upon them the power and right to define what children were legitimate , and who were bastards , made these summary decrees concerning it . ante matrimonium geniti , per matrimonium post contractum fiunt legitimi . non est exhaeredandus , quicunque ante desponsationem est natus . ad regem , non ad ecclesiam pertinet de rebus haereditariis judicare . the two first of these decrees being contrary to the common law of england , resolving all children born before marriage to be illegitimate , and not inheritable to their parents , though afterwards lawfully coupled in matrimony : thereupon there arose a great question in england between the bishops , nobles , and kings judges , concerning this point , ( long before the statute of merton ) under king henry the d . thus expressed by b glanvil , upon a writ directed to the archbishop of canterbury from the kings temporal court , in a real action , wherein the tenant alledged bastardy in the demandant , quod ipse bastardus sit natus ante matrimonium ipsorum . et quoniam ad curiam meam non ●● ectat agnoscere de bastardia , eos ad vos mitto , mandantes , ut in curia christianitatis inde facias quod ad vos spectat . et cum loquela illa debitum coram vobis finem sortita fuerit , mihi liter is vesiris significetis quid inde coram vobis actum fuerit , &c. circa hoc autem orta est quaestio ; si quis antequam pater matrem suam desponsaverit , fuerit genitus vel natus , utrum talis filius sit legitimus haeres , cum postea matrem suam desponsaverit ? et qindem , licet secundum canones et leges romanas talis filius sit legitimus haeres , tamen secundum jus et consuetudinem regni , nullo modo tanquam haeres in haereditate sustinetur , ut haereditatem de jure regni petere potest . sed orta super hoc tamen contentione , utrum scilicet genitus an natus fuerit ante desponsationem , an post , discutietur id , ut dictum est , coram judice ecclesiastico ? & quod ab eo judicatum fuerit , id domino regi vel ejus justiciario scire faciet ; ita tamen , quod secundum quod judicatum fuerit in curia christianitatis de matrimonio , scilicet , utrum fuerit ille qui haereditatem petit , natus vel genitus ante matrimonium contractum , vel post ? in curia domini regis supplebitur de adjudicanda vel abjudicanda ipsi , haereditate super qua contentio est , ita quod per judicium curiae haereditatem ipsam obtinebit vel clameum suum perdet . the bishops to advance their own courts above the kings , and the canons made by the pope and lateran council at rome , above the common law and custome of the realm in this particular , * refused to return any certificate in such cases , upon the kings writs directed to them , or to act any thing against the churches canons , and were very importunate with the nobles in the parliament held at merton , anno h. . to alter the common law in this point , according to their canons , which the nobles peremptorily refused to do , as the statute or merton cap. . and henry de bracton ( a learned judge , who lived in that age ) more fully informs us , in his excellent discourse concerning bastardy . c qualiter opponi debeat bastardia in primis videndum . proponi quidem solet aliquando cum adjectione causae , quare bastardus sit , & quandoque sine causa : sed quoniam ubi causa non adjicitur , sub tali responsione poterit esse obscuritas & incertitudo , quia cum sciri non poterit ad quod forum pertinere debeat cognitio , non refert , utrum quis omnino non respondeat , vel obscure : ut si dicat tenens simpliciter , quod petens nihil juris habet , in re petita , quia bastardus est , & paratus est probare bastardiam ubi & quando debuerit , si prohibitio ex tali probatione & responsione statim mittatur ad curiam christianitatis , ita poterit quidem probatio quaelibet indifferenter fieri in curia christianitatis , quae in quibusdam est contraria legi & consuetudini angliae , quod esse non debet , cum nihil aliud sit sub tali obscuritate transmittere inquisitionem de bastardia faciendam ad curiam christianitatis , quam venire contra legem & consuetudinem angliae . ad talem igitur errorem tollendum , necesse est causam addiscere , ut si dicat tenens , frater nihil juris habes in terra petita quia bastardus es , quia pater tuus nunquam desponsavit matrem tuam . talis cognitio bastardiae recte pertinet ad judicem ecclesiasticum , ex quo praecise deductum est matrimonium , quia non pertinet ad judicem secularem discussio , utrum sit ibi matrimonium vel non ? cum ipse cui objicitur dicat contrarium . idem erit si dicat , frater nihil juris habes in terra illa licet matrimonium intervenerit , quia inter patrem tuum & matrem tuam contractum fuit matrimonium illegitimum , ex quo prius contraxit cum quadam quae vixit tempore quando contraxit cum matre tua . est igitur ad curiam christianitatis inquisitio in hoc transmittenda , quia ad judicem secularem non pertinet discussio , quis eorum & quae illarum sit legitima uxor , & quae non . item , opponi poterit bastardia cum adjectione causae , ut supra , sed non erit ad curiam christianitatis inquisitio demandanda , quia nihil pertinet ad judicem ecclesiasticum cognoscere de prioritate , vel posterioritate nativitatis ejus cui opponitur bastardia , cum sponsalia vel matrimonium hinc inde concessa sint , non magis quam si quis ita diceret , frater nihil juris habes in terra illa , & si jus haberes , petere non potes , quia petis de tempore henr. senioris vel ulterius quod omnem excludit●actionem : vel si dicat tenens sic , frater nihil juris habes in terra petita quia bastardus , quia natus fuisti per tantum tempus ante sponsalia vel matrimonium contractum inter patrem tuum et matrem tuam . et quia hinc inde conceditur matrimonium , bene poterit rex in curia sua inquirere sine alicujus praejudicio , utrum talis cui objiciatur , natus sit ante matrimonium vel post ? sicut inquirere poterit in aliis casibus , utrum natus in tempore regis h. vel regis j. & maxime in defectum episcoporum , quia contrarii sunt legibus et consuetudinibus angliae , nec etiam magis injuriosum est quam si rex in placito dotis in curia sua fieri faciat inquisitionem , utrum mulier dotem petens dotata sit ad ostium ecclesiae vel alibi ? vel utrum sponsalia vel matrimonium publicum sit , vel clandestinum ? et cum in curia domini regis , anno regni sui vicesimo , in crastino sancti vincentii apud merton , coram venerabili patre tunc cantuariensi archiepiscopo , & coram suffraganeis suis omnibus , & coram majore parte comitum & baronum angliae , tunc & ibidem existentium pro coronatione regis & reginae , pro quo omnes vocati fuerunt , generaliter tractatum esset de communi utilitate totius regni , super pluribus articulis regem & reginam tangentibus , inter alia tractatum esset de hujusmodi objectione bastardiae , utrum ( viz. ) quis natus ante sponsalia et matrimonium haberi possit pro legitimo , sicut ille qui post matrimonium natus fuit ? ad quod omnes episcopi responderunt , quod omnes illi qui nati fuerunt ante sponsalia vel matrimonium , ita erunt legitimi sicut illi qui nati erunt post matrimonium quoad dominum deum , & quoad ecclesiam , * nec voluerunt , nec potuerunt sine praejudicio ecclesiasticae dignitatis respondere ad breve super hujusmodi inquisitione facienda de bastardia , rescribere domino regi , ( viz. ) utrum ante vel post , quia hoc esset in praejudicium sanctae ecclesiae , ut dicebant , sed rogabant reegm & magnates , quod ad hoc consensum praeberent , quod nati ante matrimonium quoad omnia legitimi esse possent sicut illi qui post : et omnes comites et barones , quotquot fuerunt , responderunt una voce , * quod noluerunt leges angliae mutare , quae usque ad tempus illud usitatae fuerunt et approbatae . postea vero die jovis proxime post festum sancti dionysii , anno eodem , coram ipso domino rege , & subscriptis convocato consilio , provisum fuit , & concessum ab ipso domino rege coram venerabili patre e. cantuariensi archiepiscopo , r. cicestr . episcopo , domini regis cancellario , r. dunolm . episcopo , h. elyens . episcopo , episcopo norwic. episcopo london . episcopo bathon . episcopo exon. episcopo karleol . episcopo hereford . & episcopo roffen . item coram baronibus subscriptis richardo comite cornubiae , & petro g. com. marr. i. com. linc. w. com. warham . j. com. cestr . w. com. ferr. f. com. warr. h. com. kanc. h. de ver com. oxon. h. com. hereford . simon de monte-forte com. leic. item coram baronibus subscriptis radulpho de tony , philippo de albinaco , r. filio michaelis , h. filio machute , j. marescall , g. de lucy , r. de argento , h. dispensatore , w. de say , w. bardolph , w. de cantelupo , seniore , & w. juniore , r. sylkard , w. de bromich , a. de sancto amando , b. curiall , e. de syngoy , r. de mussengoy , b. de paucy , g. de lucy , r. filio hug. & aliis quampluribus tunc ibidem praesentibus , quod de caetero cum bastardia objecta fuerit alicui de tali causa in curia domini regis quod bastardus sit , & ideo bastardus , quia natus ante sponsalia vel matrimonium contractum inter patrem suum & matrem suam , mittatur loquela ad ordinarium loci , & fiat inquisitio per hac verba , utrum ( viz. ) talis natus fuerit ante sponsalia vel matrimonium , vel post ? et rescribat ordinarius per eadem verba domino regi sine aliqua cavillatione . et in inquisitione illa facienda cesset omnis appellatio , sicut in omni alia inquisitione de bastardia de qua inquisitio demandanda fuerit alicui ordinario facienda & maxime , quod milla fiat appellatio extra regnum si de necessitate contingat appellari : & tunc praeceptum fuit , quod ita teneretur & observetur in futuro , tam de illis , quam de quibus judicium ex tunc faciendum esset in curia domini regis , tam de placitis inceptis quam incipiendis cum hujusmodi bastardia objiciatur ex tali causa . et quod assisa mortis antecessoris processit in curia domini regis super hujusmodi bastardia infra aetatem petentium , & ubi jurata dixit quod non fuerunt haeredes propinquiores quia nati fuerunt in adulterio ante matrimonium , probatur in itinere m. de pateshull , in com. cant. anno regis h. filii j. undecimo assisa mortis antecessoris si henricus pamsore decen . norlington . rationibus igitur supra dictis & ex tali communi consensu , in electione domini regis esse poterit , utrum velit inquisitionem illam faciendam , demandare ordinariis , vel illam facere in curia sua , quia si illam in curia sua fecerit cum exceptio ei data fuerit & aperta & ex certa causa non debet responsio esse obscura , sed sicut opponit exceptio quod secundum legem & consuetudinem angliae bastardus est , eo quod natus ante sponsalia vel matrimonium , et sic ex tali causa replicare debet petens et dicere , quod legitimus est ex causa contraria , quia natus est post sponsalia vel matrimonium , et sic contradicere intentioni tenentis , quia non contradicit , sed dicit simpliciter quod legitimus sit , et paratus probare se legitimum ubi debuerit , quia ad causam non respondet . debet igitur dicere causam , quod legitimus quia natus est post sponsalia vel matrimonium ; si autem ex tali obscura responsione mittatur ad curiam christianitatis , & rescribatur obscure , quod legitimus , vel si causa objecta fuerit & non rescribatur per eadem verba , sed quod legitimus sit , in defectum curiae christianitatis fiat inquisitio in curia domini regis , utrum ante matrimonium vel post ? quia videtur per hoc quod ibi possit esse fallacia , & verum rescribatur & falsum , sed diversis respectibus , quia poterit esse legitimus secundum statuta ecclesiae quantum ad ordines , & quantum ad dignitates , & quantum ad leges & consuetudines anglicanas bastardus , quantum ad successiones , quia ibi licet legitimus ad praedicta sive ante sive post . et cum taliter objecta fuerit bastardia ex causa tali , si petens obscure respondeat , denegetur ei actio ac si nihil respondisset , & tenens se teneat in pace . si autem tenenti objecta fuerit , & sic obscure responderit , quasi indefensus rem possessam amittat , quia non omnino respondere vel obscure , ad paria judicantur , &c. the pope & popish clergy having made a marriage one of their seven sacraments of the church , under the new testament , though very improperly , it being instituted for adam and all his posterity at the very creation , common to all pagan nations as well as christian , ( if not to some birds and beasts , who by the instinct of nature couple themselves together two & two , by a kind of conjugal tye , as doves , &c. ) and altogether inconsistent with their sacrament of orders , which it totally nulls and prophanes by their doctrine and romish canons , b inhibiting priests marriage as inconsistent with their orders , and nulling , defiling their sacerdotal function more then professed whoredome or adultery . thereupon inferred , that the king and his temporal courts , judges , had no jurisdiction at all in cases of marriage , divorce , or bastardy , but only popes , c bishops , and courts christian , as if kings , and their temporal judges , courts , were not christian . upon which mistake d bracton makes this inference , in the case of bastardy . ad papam et ad sacerdotium quidem pertinent ea quae spiritualia sunt , ( true only in a qualified , ministerial sense ) ad regem vero et ad regnum ea quae sunt temporalia , juxta illud , coelum coeli domino , terram autem dedit filiis hominum . et unde ad papam nihil pertinet ut de temporalibus disponat vel ordinet , non magis quam reges vel principes de spiritualibus , ne quis eorum falcem immitat in messem alienam , ( which subverts the popes temporal monarchy . ) et sicut papa ordinare potest in spiritualibus quoad ordines et dignitates , ita potest rex in temporalibus de haereditatibus dandis , vel haeredibus constituendis fecundum consuetudinem regni sui . habet enim quodlibet regnum suas consuetudines & diversas ; poterit enim una esse consuetudo in regno angliae , & alia in regno franciae quantum ad successiones , which he further proves in this case of bastardy . wherein the law being thus setled , declared in england , the king by this memorable writ setled the like law , and the statute of m●rron in ireland , and resolved some other points in law there controverted , according to the laws then used in england , upon the supplication of the archbishop of dublin , and chief justice of ireland , to be resolved therein . constitutiones factae apud merton , superius irrotulatae scilicet viij . ( vel xiij . ) die februarii , sigillatae fuerunt sigillo domini regis , transmissae sunt in hiberniam ut currant in partibus illis & teneantur sicut in anglia , & de hoc fit mentio in brevi directo justic . hiberniae , inferius irrotulato . henricvs dei gratia rex angliae , &c. venerabili patri l. eadem gratia archiepiscopo dublin . & dilecto & fideli suo m. filio gerolai justiciario suo hiberniae , salutem . accedens nuper ad curiam nostram georgius de laffidell , nobis ex parte vestra supplicavit , ut vobis scire faceremus , quid juris sit secundum consuetudinem angliae , in casibus subscriptis , videlicet , cum contingat filium alicujus nobilis natum ex matrimonio movere quaestionem fratri suo in fornicatione ante matrimonium de eadem matre progenito super paterna haereditate ? item , si contingat quod frater natus ante matrimonium defendendo se , dicat se esse legitimum , utrum in tali casu sit mittendus ad forum ecclesiasticum , & c ? item , si mittendus sit , in qua forma , & c ? item , si contingat quod natus ante matrimonium fecerit homagium suum de terris suis post decessum patris sui , & ratione homagii sic facti vocaverit dominum suum ad warrantum , quid juris sit de illa vocatione ? et si warrantizare debeat aut velit sponte , utrum duellum possit esse de jure inter natum ex matrimonio & dominum warrantizantem cum inter ipsos fratres esse non possit ? ad haec autem vobis significamus de primo capitulo , quod si natus ante matrimonium cui movetur quaestio , cognoscat se natum esse ante matrimonium , nec petere potest haereditatem , nec petitum retinere , secundum angliae consuetudinem , nec talis si dicat se natum esse post , non est mittendus ad curiam christianitatis eo quod clerus talem habet pro legitimo . cum autem de casu illo anno praeterito tractatum esset coram venerabili patre archiepiscopo cantuar. & coepiscopis suis , & magnatibus nostris angliae , scilicet utrum inquisitio de tali nato deberet fieri in curia nostra , vel in curia christianitatis ? tandem praedictus archiepiscopus & episcopi petierunt , sibi dari potestatem inquirendi ; postea vero processu temporis , quia in forma brevis nostri eis super hoc transmissi contentum fuit , quod respondere deberent , utrum talis natus esse ante matrimonium vel post ? videntes hoc esse contrarium legibus suis , noluerunt ad hoc respondere , set reliquerunt nobis & curiae nostrae hoc inquirendum & terminandum , & nondum provisum est in curia nostra sub qua forma hoc debeat inquiri , vel per sacramentum xii . juratorum , vel per probationem a partibus producendam . item , de domino si debeat warrantizare tenenti contra fratrem suum , vobis respondemus , quod non , eo quod tam natus post matrimonium quam ante uno & eodem jure utuntur . et dominus in captione homagii potius circumventus fuit quam ratione astrictus . nec esse poterit duellum inter eos praedicta ratione : et praeterea quia dominus tenetur plus warrantizare petenti nato post matrimonium , quam tenenti nato ante matrimonium . hiis igitur intellectis secundum quod praedictum est , in partibus vestris faciatis . teste rege apud mortclack , nono die maii. the bishop of cloen in ireland resigning his bishoprick , the chapter thereupon , by the kings chief justice his license only , without the kings special license first obtained , elected the dean for their bishop , who thereupon procured the kings dispensation and confirmation of his election , though unduly made , and restitution of his temporalties , by reason of the poverty of this church ; which occasioned other subsequent usurpations of this kind , to the prejudice of the kings prerogative , against * former prohibitions in such cases . rex , venerabili patri in christo d. eadem gratia archiepiscopo ardmacan . salutem . sciatis , quod electioni factae de licentia dilecti & fidelis nostri m. filii geroldi justiciarii nostri hybernia , ut dicitur , de thoma decano cloenens . in episcopum cloenensem , ( licet fieri non debuisset sine licentia a nobis ipsis inde prius petita et optenta ) propter paupertatem tamen ecclesiae cloenensis , hac vice regium adhibuimus assensum et favorem . et ideo vobis mandamus , quatenus quod vestrum est in hac parte exequamini . in cujus rei , &c. teste rege apud windes . xviij . die aprilis . et mandatum est m. filio geroldi justic . hiberniae , quatenus quam cito praedictus archiepiscopus per literas suas patentes ei significaverit , quod ipse dictam electionem authoritate metropolitana confirmaverit , ipse iustic . de omnibus terris et tenementis ad dictum episcopatum cloenens . pertinentibus de quibus elyas quondam cloenensis episcopus , praedecessor suus , seisitus fuit , die quo dictum episcopatum resignavit , praefato electo plenam seisinam habere faciat . teste ut supra . the archbishops , bishops , abbots , and clergy granted the king , upon his humble request to them , an extraordinary ayde to relieve his present necessities , upon condition it should not be drawn into consequence for the future to their prejudice ; whereupon the king granted them this patent to secure them and their successors from the like ayde . rex , omnibus ad quos praesentes literae pervenerint , salutem . sciatis , quod cum nuper rogassemus archiepiscopos , episcopos , abbates , priores , et alias personas ecclesiasticas de regno nostro , quod pro urgenti necessitate nostra auxilium nobis impenderent , ipsi gratis et spontanea voluntate sua communiter nobis concesserunt quoddam auxilium de omnibus feodis suis , tam de illis de quibus nobis respondent , quando scutagium datur , quam de aliis quae retinent ad opus suum , videlicet duas marcas de scuto : ne igitur hujusmodi concessio et auxilii praestatio possit aliquo tempore trahi in consequentiam , concedimus pro nobis et haeredibus nostris , et praesentium tenore protestamur , quod pro gratia hac vice nobis facta , praedictis archiepiscopis , episcopis , abbatibus , prioribus , et aliis personis ecclesiasticis , vel eorum successoribus aut ecclesiis suis in posterum in nullo derogetur . in cujus rei testimonium has literas nostras patentes fieri fecimus . teste rege apud westmonasterium , quarto die maii. the prior of the preaching freers presuming this year to arrest and imprison some persons in york-shire , pretended to be unsound and heretical in matters of faith , when as he had no legal power to arrest or imprison such ; the king thereupon by his supreme ecclesiastical jurisdiction issued this mandate to the sheriff of york-shire to arrest and imprison all heretical persons , till his further order therein . significat regi frater a. prior ordinis fratrum praedicat . eborum , quod cum ipse quendam de articulis fidei male sentientem , & pessime respondentem , invenisset , eundem tanquam infidelem arrestari fecit , et carceri mancipari ; quia igitur praefatus prior nullam habet jurisdictionem secularia judicia excercendi , nec aliquem arrestandi , vel carceri mancipandi ; praeceptum est uicecomiti eborum , quod cum plures sint in partibus illis infideles , et qui super haeretica pravitate , sicut rex audivit , possint convinci , ad mandatum ejusdem infideles arrestari faciat et carceri mancipari , nemini vel in divitiis abundanti , vel alio aliquo favore deferens in hac parte : eosque salvo faciat custodiri quousque rex aliud inde duxerit praecipiendum . teste rege apud wintoniam , nono die januarii . the bishop of london prohibiting any victuals or other things to be sold to the iews this year ( as some other * bishops had done before ) under pain of excommunication ; the king thereupon issued forth this 〈◊〉 rit of countermand to this his usurpation , to the mayor and sheriffs of london . rex , majori & vicecom . london . salutem . mandamus vobis quatenus in civitate nostra london . publice clamari faciatis , et firmitet prohiberi , ne victualia vel alia venditioni exposita , quae iudaei nostri london . emere voluerint , eis denegentur vendenda ; et si quis contra prohibitionem nostram victualia vel alia denegaverit eis vendenda , illud sine dilatione faciatis emendari , dictos iudeos nostros inde et aliunde manutenentes et protegentes . teste rege apud westmonasterium , sexto die decembris , anno. &c. vicesimo . i shall cloze up this chapter with a most memorable prohibition against the popes and spiritual courts usurpations on the crown . the archbishop of canterbury being sued by the prior and monks of canterbury , for certain advousons of churches , possessions , rents , and services , in the ecclesiastical court , by authority of the popes letters , despising the remedy of the kings court where they ought to sue for them ; thereupon the king issued forth this prohibition to the archbishop , prohibiting him upon his faith and allegiance to him not to answer them in that court , it being prejudicial to his royal crown and dignity , against which he should repute it a voluntary contempt in the archbishop , if he should wittingly and willingly disobey this his prohibition , by answering in that court. rex , &c. venerabili in christo patri e. eadem gratia cantuariensi archiepiscopo , &c. salutem . ad aures nostras nuper pervenit , quod cum controversia mota sit inter priorem & monachos cantuariae , ex parte una , & vos ex altera , super advocationibus quarundam ecclesiarum possessionibus , xeniis , & servitiis quibusdam , praedicti prior et monachi , spreto curiae nostrae remedio , ad quam spectant hujusmodi placita , super praedictis trahunt vos in placitum in curia christianitatis , auctoritate literarum domini papae . quia vero sine manifesto praejudicio regiae dignitatis nullatenus sustinere possemus , sicut et nec deberemus , quod placita hujusmodi in curia christianitatis ventilentur , vobis prohibemus firmiter injungentes , in fide qua nobis tenemini , et sub debito fidelitatis nobis factae , quatenus cum ad dignitates et jura regia conservanda sitis astricti , super praemissis in foro ecclesiastico nullatenus respondeatis : pro certo scituri , quod si hanc prohibitionem nostram secus ageretis , credere non possemus , quin ex certa scientia contra coronam et dignitatem nostram id attemptaretis , et sic in foro praedicto respondendo regiae dignitati manifeste derogaretis . teste rege apud merewell , vicesimo quarto die maii. of which you shall have a further account in the following year and chapter . book iv. chap. ii. conteining sundry records , patents , and historical passages , evidencing the kings supreme jurisdiction in and over ecclesiastical persons , courts , affaires , in england and ireland : the intollerable usurpations , extortions , oppressions , innovations , proceedings of popes , their legates , agents , instruments , to the prejudice of the rights , priviledges of the king , church , kingdom , subjects , in both these realms ; with the severall complaints and oppositions against them : the english and irish bishops , covents , courts christians encroachments upon the kings temporal courts , rights , royal dignity , and subjects liberties ; prohibitions and oppositions against them ; with the principal ecclesiastical affaires and transactions in relation to england and ireland , from the beginning of the . to the end of the . year of king henry the d. his reign . i have in the cloze of the preceding chapter presented you with king henry the d. his memorable writ of prohibition directed to edmond archbishop of canterbury , not to answer to a suit brought against him by the prior and monks of trinity , concerning advousons of churches , lands , services , and gifts to his church , before the popes delegates , authorized to hear the same , to the prejudice of the rights of his crown and royal dignity : i shall now begin this chapter with this kings prohibition , attachment , for disobeying his former prohibitions , issued against the popes delegates themselves , ( being three abbots ) and the prior who sued him , with other prohibitions not to proceed therein under pain of seizing their temporalties , for citing the archbishop to appear before the pope out of the realm , or elsewhere , upon this untrue suggestion to the pope , that such cases had been formerly handled in ecclesiastical courts in the time of his ancestors , without any prohibition , which the king and his counsel deny , sending special messengers to the popes delegates , together with prohibitions to inhibit their proceedings , as these records attest . rex vicecomiti kanc. salutem . pone per vad. & salvos pleg . de boxle , sanctae radegund . & de lesnes abbates , quod sint coram iusticiariis nostris apud westmonasterium in octabis sanctae trinitatis , ostensuri quare tenuerunt placitum in curia christianitatis , super advocationibus ecclesiarum maneriorum prioris et monachorum sanctae trinitatis cantuar. et super xeniis , quae idem archiepiscopus percipit , de maneriis ipsorum prioris et monachorum , et super obedientiis domus sanctae trinitatis cantuar. contra prohibitionem nostram , cum placita de advocationibus ecclesiarum , alibi teneri non debeant , nec consueverint in regno nostro quam in curia nostra . et praeterea , cum vacante archiepiscopatu cantuar. ad nos et haeredes nostros dictorum xeniorum perceptio , et praedictarum obedientiarum dispositio pertineat . pone etiam per vad. & salvos plegios praedictum priorem , quod tunc sit ibi ostensurus , quare secutus est idem placitum in eadem curia contra prohibitionem nostram . et habeas ibi nomina plegiorum & hoc breve . teste rege apud windles quinto die maii. per w. de raleg . a maur. de sancto amando , bertramus de crioil , johannes de plessetis , & silvester de everdon clericus , missi fuerunt ex parte regis apud roffian . . die marc. ad iudices delegatos ad inhibendum eis ne procederent in causa quae ventilabatur coram eis , inter dominum cantuar. et priorem sanctae trinitatis cant. de patronatu ecclesiarum , quia hujusmodi placita spectant ad coronam et dignitatem regis : et si hujusmodi causae coram eis terminarentur , interesse ejus praejudicium verteretur . postea scripsit eis sub hac forma . rex abbati de lesnes salutem . audivimus quod prior et monachi sanctae trinitatis cantuar. coram te et conjudicibus tuis trahit e. cant. archiepiscopum in placitum , in curia christianitatis authoritate literarum domini papae , super advocationibus ecclesiarium maneriorum suorum , et super xeniis quae idem archiepiscopus percipit , de maneriis ipsorum prioris et monachorum , et super obedientiis domus sanctae trinitatis cant. quia vero manifeste est contra coronamet dignitatem nostram quod praefata loquela teneatur in cur. christianitatis , cum placitum de advocationibus ecclesiarum alibi teneri non debeat nec consueverit in regno nostro quam in curia nostra : et praeterea cum vacante archiepiscopatu cantuar. ad nos et haeredes nostros pertineat dictorum xeniorum perceptio , et praedictarum obedientiarum dispositio , prohibemus tibi ne de cetero placitum illud teneas in curia christianitatis . teste rege apud roff. . die marc. these abbots notwithstanding this prohibition proceeded in these suits ; thereupon the king issued this second writ of prohibition to them and the prior of trinity , not to proceed therein under paine of seasing their temporalties . rex abbatibus de boxle , sanctae radegund . & de lesnes salutem . memoriter tenemus , nos alias inhibuisse , ne teneretis placitum in curia christianitatis inter venerabilem patrem e. cant. archiepiscopum ex una parte , & priorem & monachos sanctae trinitatis cant. ex alia , super advocationibus ecclesiarum , mariscis , exeniis et servitiis hominum . et quia non obstante prohibitione nostra praedicta , iterum summoneri fecistis eundem archiepiscopum , ut certo die coram vobis compareat ad respondendum super praemissis , vel diem recipiend . quo per se vel per procuratorem , coram domino papa compareat inde responsurus , et literae apostolicae quorum authoritate hoc faciatis per falsi suggestionem sunt impetratae , cum contineant eandem causam in foro ecclesiastico alias fuisse tractatam , nullo praedecessorum nostrorum regnum angliae illum prohibente , quod manifeste falsum esse dignoscitur , cum hujusmodi causa nullo tempore alibi quam in curia nostra et praedecessorum nostrorum tractari consueverit : vobis districte prohibemus super omnia tenementa vestra , quae tenetis in regno nostro , ne in dicta causa procedatis , ipsi archiepiscopo diem praefigentes extra regnum nostrum , vel alio modo , ante adventum domini legati in angliam , qui in januis est , cui volumus praedicta communicare , et in eisdem ejus uti consilio . teste rege apud woodstock decimo die julii . after which i finde no more proceedings in this case . the like writ of prohibition , upon the same grounds , was issued to the abbot of st. albans , and other delegates of the pope , in the case of the archbishop of canterbury , touching the temporalties , lands , and services of the bishoprick of rochester , during the vacancy . henricvs dei gratia rex angliae , &c. abbati sancti albani & conjudicibus suis salutem . quibusdam referentibus audivimus , quod cum custodia episcopatus roffensis ratione vacationis suae * existar in manu venerabilis patris e. cantuariensis archiepiscopi , cum omnibus ad episcopatum illum spectantibus , tamspiritualibus quam temporalibus , vos , eundem archiepiscopum in causam trahitis in curia christianitatis , authoritate literarum domini papae , super quibusdam xeniis de maneriis vestris annuatim debitis episcopo roffensi , qui pro tempore fuerint sicut annuus redditus , desicut praestatio illa et venit de laico feodo , temporalis est . et quoniam si in causa illa optineretis nobis in futuro posset praejudicium generari , si contingeret quod vacarent eodem tempore tam archiepiscopatus cantuariensis , quam episcopatus roffensis , cum utriusque custodia ad nos immediate pertineret ; vobis prohibemus , quod causam illam in curia christianitatis non prosequamini de caetero , quia prosecutio ejus manifeste est contra coronam , et dignitatem nostram , et etiam contra libertates nostras quas habuimus , de singulis episcopatibus vacantibus in regna nostro . teste rege apud windles . die novembris . in both these precedent cases of the archbishop , the king by several writs of prohibition , countermanded the popes own bulls and delegates as contrary to the rights and dignities of his crown , and prohibited their proceedings , which gave some check to his usurpations of this kinde , though he was enforced to connive at or submit to other papal incroachments for the present , as unable to withstand or redresse them . the kings clerks and houshold chaplains in those dayes wearing long hair and peruwigs , ( against the * apostles and natures dictates ) thereupon the king out of piety and zeal to reform this abuse , issued this writ to william de perecat , authorizing and strictly commanding him to cut their hair , and pull off their yellow peruwigs , under pain of being shaven , and polled himself , as this writ assures us . rex willielmo de perecat . salutem . sciatis quod concessimus & plenam potestatem vobis dedimus , scindendi capillos clericorum nostrorum , qui sunt de hospitio nostro , et familia nostra longos crines habentium , et comas untrientium , et ad crocos capillorum suorum deponendos . et ideo vobis mandamus , quatenus ad hoc modo debito diligenter intendatis ; hujusmodi potestatem nostram vobis concessam taliter exequentes , circa praedictos capillos scindendos et crocos deponendos , ne ad capillos vestros scindendos forcipes apponere debeamus teste meipso apud clyne secundo die septembris . a memorable president fit to be imitated and put in execution in our effeminate degenerous age , more peccant in this kinde then any former times , there being more false heads ( if not hearts too ) in england , and more long-haired ruffians , both of the clergy , court , city , country , needing such a reformation and reformer as this writ prescribes , then in any precedent age . the king having newly founded and endowed the hospital of st. johns in oxford , whereby he became patron thereof , the archdeacon of lincoln grew so presumptuous , as without the kings privity , to remove freer william , to whom he had for a time committed the administration of the temporalties thereof , and to make one ely master of the hospital . whereupon the king issued this writ to the archdeacon , and another to the bishop of lincoln , to rectify this his usurpation and presumption without delay . rex magistro r. archidiacono oxoniae , salutem . cum super jure patronatus hospitalis sancti johannis oxoniae nobis quaestio referri non possit , nec debeat , utpote qui pro salute antecessorum nostrorum idem hospitale fundavimus , ac de bonis nostris ditavimus ; miramur non modicum , ac pariter movemur , quod vos nobis irrequisitis , fratrem willielmum , cui administrationem temporalium ejusdem domus ad tempus commisimus amoventes , elyam capellanum ejusdem hospitalis , magistrum praefecistis , in regiae dignitatis praejudicium et gravamen . quocirca vos requirimus firmiter prohibentes , ne falcem vestram mittatis in messem alienam , set potius jure vestro contenti , jus patronatus quod in dicto hospitali obtinemus perturbare desistatis , culpam praecedentem per patientiam subsequentem taliter redimentes , ne de caetero de talibus ad aures magnificentiae nostrae querela perveniat . teste rege apud westmonast . die maii. item mandatum est domino r. lincolniae episcopo , quod det ipsi archid. in mandatis , ut quod praesumptum est ab eo in hac parte sine morae dispendio studeat revocare . teste rege ut supra . the monks and converts of the cistercian order , contrary to their vows and rules , becomming common merchants , buying and selling again wools and skins , to the prejudice of other merchants , & scandal of their profession ; the king for redresse thereof issued this ensuing writ of prohibition to all the sheriffs of england , to seize the goods and monies of those monks and converts to his use , who should offend therein . mandatum est vicecomiti rotel . quod in pleno com. suo , & per omnes bonas villas com. sui , & per totam ballivam suam , clamari , etex parte regis firmiter prohiberi faciat , ne aliquis monachus vel conversus cisterciensis ordinis , lanam vel coria emat aliis vendenda , nec aliquis eis hujusmodi mercandisas vendat per manum suam iterum vendendas . et si de cetero aliquis monachus vel conversus praefati ordinis interceptus vel convictus fuerit super hujusmodi emptione , tam mercandisae quam denarii eis quorum fuerint deperdentur , et ad opus regis incurrentur . eodem modo mandatur omnibus vicecomitibus angliae . the dean and chapter of artferten in ireland , electing a bishop upon an avoydance by resignation , without the kings license first obtained contrary to * former inhibitions , the king upon their petition , would no ways confirme their election so unduly made , but declared it utterly voyd , lest he should derogate from , and destroy his own regal right , by such dispensations and connivance ; yet because of the poverty of this church , he did by special writs authorize the archbishop of dublin and his cheif justice of ireland , to give the dean and chapter in his name and right a license for a new election , and to give his royal assent to the person they should elect , as these . records inform us . rex l. dublinensi archiepiscopo , & m. filio geroldi justic . suo hyberniae , salutem . cum nuper nobis nunciarunt decanus & capitulum ecclesiae artfertens . quod ecclesia sua vacante per resignationem g. quondam episcopi artfertensis , praeter assensum nostrum et licentiam alium sibi eligerent in pastorem , et instanter nos rogassent , per nuncium suum ad nos propter hoc destinatum , quod electioni suae assensum regium adhiberemus et favorem , non duximus ipsos in petitione sua exaudiendos , cum sic videremur juri nostro manifeste derogare , eo quod mos est , sicut non ignoratis , in ecclesiis cathedralibus ad nostram spectantibus advocationem , quod vacante sede ante electionem celebrandam , licentia regia est requirenda , unde electionem praedictorum decani et capituli irritam , quantum ad hos , reputavimus et inanem . uerumtamen audita paupertate episcopatus memorati , ut laboribus et expensis memoratae ecclesiae parceremus , hanc eis duximus gratiam faciendam , quod concessa vobis potestate nostra hac vice , dandi eis talem eligendi licentiam , ipsam a vobis tanquam dignitate nostrae in hac parte utentibus requirant , et ea obtenta iterato ad eligendum procedant , et electioni factae postmodum , de persona nobis fideli et nostrae terrae hyberniae necessaria , authoritate nostra favorem regium praebeatis et assensum . et ideo vobis mandamus , quod cum praedicti decanus et capitulum ad vos venerint , aut certum nuncium cum literis capituli sui patentibus ad vos miserint , licentiam praedictam petituri , ipsam authoritate nostra hac vice eis concedatis , et post electionem rite celebratam , eidem electo suo vobis praesentato nomine nostro assensum regium pr●beatis et favorem . in cujus , &c. teste rege apud werleberg . sexto die decemberis . et mandatum est per literas clausas decano & capitulo artferten . ecclesiae , quod quia * rex quidem inhibuit , ne in aliqua ecclesia cathedrali vacante in terra regis hyberniae , fieret electio , nisi licentia a rege petita prius et obtenta : et ipsi nihilominus sine licentia regis processerunt ad eligendum sibi pastorem , electioni per eos factae sine licentia , rex non duxit assensum regium praebere , cum ex eo posset sibi et haeredibus suis praejudicium imminere , et volens rex laboribus suis , quantum potest salvo jure suo , deferre , potestatem dedit l. dublin . archiepis . et m. filio geroldi regis just . hyberniae , eis licentiam eligendi , et electo eorum assensum regium praebendis et praesentent electum suum eis , petita prius ab eis vice regis licentia eligendi , et procedant ad electionem suam faciendam . teste rege ut supra . rex m. cassalensi archiepiscopo salutem . quia vacante nuper sede artferten , decanus & capitulum ejusdem ecclesiae , praeter licentiam nostram quam prius debuerunt requisisse , eligere praesumpserunt , cum ad nos mitterent in angliam rogantes , quod electioni suae assensum regium praeberemus , noluimus , sicut nec debuimus ipsos exaudire : ut autem parceremus laboribus et expensis praedictorum decani et capituli , et dignitatem regiam servaremus illaesam , dedimus in mandatis venerabili in christo patri l. dublinensi archiepiscopo , et justiciario nostro hyberniae , quibus potestatem dedimus hac vice dandi praedictis decano et capitulo licentiam eligendi , et post electionem eidem assensum suum nomine nostro praebendi ; quod cum praedicti decanus et capitulum ad ipsos venerint vel miserint , licentiam petituri , eam authoritate nostra eis concedant , et electioni postea rite celebratae , assentiant . cum igitur oporteat ipsos licentiam adhuc ab archiepiscopo et justiciario nostro petere , ne juri nostro derogare videremur , et petita licentia iterato eligere , paternitatem vestram rogamus attentius , quatenus et si per errorem et negligentiam praedictorum decani et capituli contigerit semenstre pertransiri , propter quod videatur forte vobis , quod ad episcopatum illum manum possitis extendere , contra coronam et dignitatem nostram inde nihil attemptetis ordinare , quia nullatenus sustineremus dignitati regiae in hac parte derogari ; maxime , cum ex parte nostra nulla fuerit negligentia que nobis debeat esse dampnosa . teste ut supra . there being a great difference between the bishop of clochor in ireland and archbishop of armach , and their tenants concerning spoliations , injuries and greivances touching their churches , the archbishop of armach procuring the kings letters to his chief justice by misinformation , whiles he was excommunicated : the king thereupon revoked his former letters , and commanded his chief justice in ireland to hear and determin the controversies betwen them , according to the law and custom of ireland . mandatum est m. justic . hiberniae , quod diligenter audiat querelas n. clocoren . episcopi quas audivit , & coram eo deponet per praeceptum regis , super injuriis , gravaminibus , spoliationibus terrarum & ecclesiarum , ei & suis irrogati ab archiepiscopo armach . et suis . et querelis suis plenius auditis et intellectis secundum legem et consuetudinem terrae hiberniae , plenani et celerem iustitiam ei exhibeat . nec remaneat aliquatenus eidem exhibitio justitiae facienda occasione literarum regis quas aliquando rex ei transmisit , pro parte praefati archiepiscopi contra memoratum archiepiscopum , de captione hominum ipsius episcopi , quos ipse archiep. regi suggessit esse excommunicatos , quia ipse archiepiscopus in impetratione earum per procuratores suos regem circumvenit , cum ipse et sui fautores tempore impetrationis earundem literarum essent excommunicati , sicut regi postea plenius innotuit , exmandato venerabilium patrum archiepiscopi cantuar. et episcopi cycestrensis , cancellarii regis , conservatorum causae memorati episcopi contra praefatum archiepiscopum , qui ad mandatum venerabilis patris dublin . quibus praefati archiepiscopus cantuariensis et episcopus cycestrensis , vices suas commiserant super executione praedicta , per literas suas patent . eis significaverunt . teste rege apud kenet . decimo die februarii . the archbishop of rohan being elected , and his election approved by the king this year , the king out of his extraordinary favour , dispensed with his personal oath of fealty to him , accepting it from his proctor at this time , provided that who ever was elected bishop afterwards , should do his fealty to the king in proper person not by proxy , as this memorable record attests . mandatum est magistro p. de colle medio , electo rotom . & capitulo ejusdem loci , quod propter specialem & fidelem amicitiam quam dominus rex invenit in praedicto electo , & propter affectionem quam sperat ipsum erga dominum regem velle continuare , quod petitioni suae quam fecerunt , ut fidelitatem a magistro bileberto de commovill , vice ipsius electi juraret in animam ipsius electi , benigne condescendit ; sed dominus rex vult eos scire , quod quociens de caetero continget ecclesiam suam vacare , a nullo alio fidelitatem recipiet dominus rex , quam ab eo qui praefatae ecclesiae praeficietur . teste rege ut supra . after his proctor had thus sworn fealty to the king he issued this writ to the sheriffs and others to restore the temporalties of his archbishoprick in england to this his proctor , in the archbishops behalf . rex vicecomiti eborum , salutem . scias quod electioni factae , de magistro petro de colle med'o in archiepiscopum rotom . quam dominus papa confirmavit , regium adhibuimus assensum et favorem . et ideo tibi praecipimus , quod de terris & tenementis ad archiepis . praedictum pertin . in balliva tua , & de quibus proximus praedecessor suus ejusdem loci archiepiscopus obiit seisitus magistro gileberto de comonvil , nomine ejusdem electi plenam seisinam habere facias . teste rege apud merleberg . duodecimo die decembris . eodem modo scribitur bullivo de odyham , de terris & tenementis in balliva sua . upon the death of richard bishop of durham , the king upon the petition of the prior and covent , granted this licence to elect a new bishop . rex priori & coventui de dunholm . salutem . venientes ad nos cum literis capituli vestri patentibus fratres , robertus supprior , thomas de witwell , & rogerus de now burgo , monachi domus vestrae , nunciaverunt nobis episcopatum dunholmensem , vacantem esse per mortem r. quondam episcopi eiusdem loci , et petierunt a nobis licentiam alium vobis eligendi in patrem et pastorem . nos vero petitioni vestrae & suae in hac parte benigne condescendentes , licentiam vobis concedimus alium vobis eligendi in pastorem , rogantes quatenus talem vobis eligere curetis in patrem & episcopum , qui deo devotus , nobis et regno nostro necessarius , et ecclesiae vestrae regimini utilis esse dinoscatur . teste rege apud windles quinto die maii. pope gregory granted this special favour to king henry , upon a treaty with his legat , that . of his clerks might enjoy pluralities of benefices ; when as in his instrument of dispensation there were only . which defect his legat by his own power undertaking to supply , the king recommended a sixt clerk to him by this writ . rex legato salutem . nuper , sicut recolimus , london . constituti , cum vobiscum tractatum haberemus , de gratia nobis a domino papae concessa , dixistis nobis , quod dominus papa vobis cum sex de clericis nostris dispensandi dederat ▪ potestatem . et nos secundum dictum vestrum , illam gratiam quam dommus papa nobis fecerat sex de clericis nostris concessimus , de●gratia liberali . verum postmodum dominus valentinus ecclesiae procurator nobis retulit , quod inspexerat autenticum ubi non nisi de quinque clericis nostris mentio habebatur , sed dixistis ei vestri gratia , quod illud quod in autentico deerat , ex officio vestro suppletis , super quo multimodas vobis referimusigratiarum actiones , nihilominus discretionem vestram rogantes , quatenus illam sextam gratiam willielmo hardel clerico nostro ad preces nostras concedatis . teste rege apud windeles . . die augusti . the bishop of norwich dying this year , the monkes elected symon their prior for their bishop , whom the king disapproving , made a special proctor against him before the archbishop to hinder his confirmation , and to appeal against him to the see of rome , if it were expedient , where he likewise constituted his proctor , as these records inform us . rex cantuariensi archiepiscopo salutem . mittimus ad vos dilectum clericum nostrum magistrum w. de kilkenny , constituentes ipsum procuratorem nostrum ad assignandum quasdam causas contradictionis nostrae contra electionem de priore norwic. celebratam , & contra ipsum priorem & electores ipsius , salvis nobis aliis juris remediis competentibus ; ratum habituri quicquid idem willielmus super praemissis fecerit , damus etiam eidem potestatem appellandi ad sedem apostolicam si viderit expedire . hoc idem priori norwic. & monachis ejusdem lioci significamus . in cujus , &c. teste rege apud westmonasterium undecimo die novembris . rex domino papae salutem . constituimus dilectum clericum nostrum magistrum will. de kilkenny , procuratorem nostrum in curia romana , ad prosequendum causas contradictionis nostrae contra electionem , electum & electores norwic. ecclesiae ; damus etiam eidem magistro willo . potestatem substituendi procuratorem in negotio memorato ; ratum habituri quicquid idem magister vv. vel ab eo substitutus procurator fecerit in praemissis . idem praemissis electoribus & electo significamus . teste rege apud vvestmonasterium . die januarij . what the issue was of this election a matthew westminsters , and b matthew paris thus relate . ingressis itaque viam universae carnis , piae memoriae venerabilibus patribus wigorniensi & norwicensi episcopis , elegerunt monachi wigorniae magistrum walterum de cantelupo , filium willielmi de cantilupo , viri potentis & praeclari , in praesulem & pastorem animarum suarum : quem sine difficultate dominus papa acceptavit , ▪ et in episcopum consecravit . norwicenses autem priorem suum , virum religiosum & discretum , in suum sibi praesulem elegerunt : cu us electio , licet rite facta , quia tamen regi displicuit , quibusdam ridiculosis rationibus vel exceptionibus contradicentium , fuit diu in pendulo , non sine peccatorum scrupulis , impedita . after near three years contests , william de raleigh was consecrated bishop thereof , and the prior put by . the deplorable , servile , irreligious condition of the church and realm of england at this time , under the manifold tyrannical usurpations , exactions , corruptions of the pope and his instruments , ( bonis terra in regni perniciem saginati ) is thus most emphatically remonstrated by an * eye witnesse then living . temporibus illis ingruentibus , igniculus fidei coepit nimis refrigescere , ut penè in cinerem redactus , vix videretur scintillare . jam enim simonia sine rubore perpetrata , usurarii manifeste diversis argumentis a popularibus & minoribus , pecuniam impudenter extorquebant . expiravit charitas , libertas ecclesiastica emarcuit , religio viluit suppeditata : & facta est filia syon quasi meretrix effrons , non habens ruborem . quotidie vilissimae personae et illiteratae , bullis romanis armatae , in minas statim erumpentes , redditus a piis patribus in uictus religiosorum et sustentationem pauperum et hospitalitatem peregrinorum collatos , spretis privilegiis a sanctis nostris antecessoribus indultis , diripere non formidarunt : fulgur●ntibus enim sententiis , sine dilatione raptim postulata receperunt . quod si ad refugium appellationis vel privilegii , recurrerent injuriam patientes & spoliati , statim suspendentes per aliquem alium praelatum , authentico papae compellente , fecerunt excommunicare . et sic non prece , non canonice , sed imperiosa exactione simplices spoliarunt ; juxta illud poeticum : — armato supplicat ense potens . unde factum est , quod ubi solebant nobiles & dapsiles clerici , ecclesiarum custodes & patroni , circumjacentis patriae latitudinem sua opulentia nobilitare , transeuntes suscipere , pauperes recreare : ibidem abjectae personae moribus vacui , versutia pleni , procuratores et firmarii romanorum , quicquid preciosum in terra fuit et utile abradentes ; dominis suis in remotas terras deliciose expatrimonio crucifixi viventibus , et ex alieno superbientibus , transmiserunt . erat igitur videre dolorem praecordialem , genas sanctorum irrigare , querelas erumpere , suspiria multiplicare : dicentibus multis cum singultu cruentato , melius esset nobis mori , quam videre mala gentis nostrae et sanctorum . uae angliae , quae quondam princeps provinciarum , domina gentium , speculum ecclesiae , religionis exemplum , nunc facta est sub tributo . conculcaverunt eam ignobiles , et facta est in praedam degeneribus . sed haec anglis flagella , multiformes reatus procurarunt : irato eo , qui regnare facit hypocritam propter peccata populi , & tyrannum dominari . no wonder then , that * temporibus eisdem , graecorum debacchante solita insolentia , tam adversus ecclesiam romanam , quam suum dominum imperatorem constantinopolitanum , ( who sided with the pope ) dominum papam & omnem ecclesiam adeo exasperavit , quod multorum erat sententia & volunt as , cruce-signatorum exercitum super eos retorquere ; the pope sending for some souldiers to the earl of britain , and making ▪ him his general by land and sea , in this intended war against them , for which he wanted monies . the pope upon the kings request , under pretext to rectifie some of these abuses ( against which there was a universal complaint ) sent otto●one his legate into england , who at first demeaned himself like a woolf in sheeps cloathing , to take off the scandal , odium , prejudice of the people , against the pope , see of rome , and legates , till by degrees he put off his sheeps cloathing , and proclaimed himself a ra●ening woolf , as well as his predecessors ; whose arrival in england and proceedings are thus recorded by * matthew paris , and † matthew westminster . eodem quoque anno , nesciebatur ad quid circa festum apostolorum petri & pauli , dominus otto sancti nicholai in carcere tulliano diaconus cardinalis , per mandatum regis venit legatus in angliam , nescientibus regni magnatibus . unde plures adversus regem magnam conceperunt indignationem , dicentes : omnia rex pervertit , jura , fidem , promissa in omnibus transgreditur . nunc enim matrimonio se sine suorum amicorum & hominum naturalium consilio , alienigenae copulavit : nunc legatum , regni totius immutatorem , clam vocavit : nunc sua dat , nunc data cupit revocare . sic , sicque de die in diem , juxta dictum evangelicum , in se divisum & dissipatum regnum , est enormiter desolatum . dictum est autem , quod archiepiscopus cantuariensis aedmundus regem talia facientem increpavit , praecipue de vocatione legati ; sciens inde in suae dignitatis praejudicium , magnam regno imminere jacturam . sed rex , spret●tam suo quam aliorum suorum consilio , quod concepit animo nullatenus voluit propositum revocare . venit igitur in magno apparatu legatus praenominatus , & potentia magna . et occurrerunt ei episcopi & clerici famosi usque ad littus ; & aliqui in naviculis navigando , obviarunt ei , applaudentes & munera impreciabilia offerrentes . imo etiam parisiis in obviam ei , obtulerunt telas escarleti & vasa preciosa , nuncii diversorum episcoporum . in quo facto nimis a multis meruerunt reprehendi , tum pro dono & pro dandi modo ; quia in panno & ejus colore , videbatur legationis officium & adventum acceptari . adveniens autem munera oblata omnia non accepit , sed aliqua , sed quae non recepit , jussit sibi reservari . redditus autem vacantes , suis quos secum adduxit , dignis & indignis largiter distribuit . rex autem ei usque ad confinium maris occurrit , & inclinato ad genua ejus capite usque ad interiora regni deduxit officiose . et adventantes episcopi , cum abbatibus & aliis ecclesiarum praelatis , eum cum omni honore & reverentia , cum processionibus & campanarum classico , & preciosis muneribus , ut decuit , & plus quam decuit , receperunt . with such cost , pomp , and servile obsequiousnesse did they entertain their greatest pest and grievance . dominus autem otto legatus , prudenter & modeste se gerens , munera preciosissima sibi oblata in magna parte respuens , contra consuetudinem romanorum , indignationem in toto regno conceptam ( upon his sudden arrival in it ) tam a clero quam militia , citra opinionem multorum , per gestum suum ordinatum temperavit . primo enim quosdam magnates , ex quodam odio latenter concepto , sibi discordes , pacificavit ; & indice osculo in bona fide confoederavit : utpote dominum petrum episcopum wintoniensem , & dominum hubertum comitem canci● , & alios quamplures diu ante sibi dissidentes . quos postquam domini legati pacificavit industria , omnibus praelatis angliae scripsit , ut in octavis sancti martini , londoniis convenirent , autenticum domini papae , de plenaria potestate legationis sibi concessa vel tradita , communiter in ecclesia sancti pauli audituri , & in eadem communiter de reformatione ecclesiae anglicanae tractaturi , & in praesentia ejus concilium celebraturi . before this council assembled , the king in a parliamentary council of his nobles , wanting monies : * petiit instantissime , ut sibi regni tricestma concederetur & daretur ; ut status regni & regis honorabilius sustentaretur , & firmi●s roboraretur . quod audientes , cum graviter accepissent , responderunt , quod saepius gravati , videbant alienigenas suis bonis saginari ; statumque regni prae paupertate vacillare , & multipliciter periculum imminere , &c. after some sharp contests between the king and nobles , they at last with much difficulty granted him an ayde with certain conditions , that he should be counselled by his native nobles , not by the popes legate , and strangers sed rex tam comitis cornubiae richardi fratris sui , quam aliorum suorum hominum spret●s consilio , magis ac magis , ut incepit , deliravit ; et se voluntati romanorum , praecipue legati , quem inconsultius advocaverat , mancipavit adeo , ut videretur quasi vestigia sua adorare : affirmans , se tam in publico quam secreto , sine domini sui papae vel legati consensu , nil posse de regno disponere , transmutare , vel alienare : ut non rex , sed feudarius papae diceretur . his igitur et aliis deliramentis , rex omnium nobilium suorum corda cruentavit . consiliarios quoque habuit infames & suspectos , qui hujus rei fomentum esse dicebantur : quos idcirco magis habebant nobiles angliae exosos , quia de regno ipso duxerunt originem . et hi erant , johannes comes lincolniae , s. comes legriae , frater g. templarius . interim domino legato offerebantur dona pretiosa , tam in palefridis concupiscibilibus , quam vasis pretiosis , & vestimentis mollibus & duplicibus , pellibus variis & sylvestrib●s , nummis , esculentis , & poculentis : ita quod unus solus episcopus , scilicet wintoniensis petrus , cum constaret ei quod londoniis esset hyematurus , quinquaginta boyes pas●uales , & centum summas tritici electi , & octo dolia vini meracissimi , transmisit e● in alimentum . alii quoque secundum vires & facultates suas ei similia contulerunt . legatus vero , romanam avaritiam temperando , non omnia , sed aliqua oblata sereno vultu suscepit gratanter : considerans illud senecae philosophicum : omnia oblata recipere , avarum est : nulla , rebelle : aliqua , sociale . eodem quoque anno scripsit rex omnibus magnatibus suis , ut coram eo & domino legato , in festo exaltationis sanctae crucis , apud eboracum convenirent , de arduis negotiis regnum contingentibus tractaturi . venerat autem eis obviam rex scotiae , vocatus a rege angliae , & legato , apud eboracum : ut ibi habita communi deliberatione , de pace reformanda inter eos , foeliciter componeretur : & dei dante gratia , omnis lis mota praevia ratione sedaretur , & de juste utrique debitis satisfieret . ubi tandem cum pervenissent , sic elaboratum est , ut rex scotiae perciperet de regno angliae , trecentas libratas terrae , sine castri constructione , homagiumque regi angliae faceret , & foedus inter eos amicitiae sanciretur : & hoc se fideliter facturum regi angliae & conservaturum jura●et : & sic omnis querela & vendicatio ex parte regis scotiae , conquiesceret . after the peace thus concluded , this covetous legate desiring to enter into scotland , to prey upon it , as he had done on england , volenti domino legato intrare regnum scotiae , ( his chief design in summoning this council at york ) ut ibi de negotiis ecclesiasticis tractaret , sicut in anglia : respondit rex scotiae , non me memini legatum in terra mea vidisse , nec opus esse aliquem esse vocandum , deo gratias , nec adhuc opus est , omnia bene se habent . nec etiam tempore patris mei , vel alicujus antecessorum meorum , visus est aliquis legatus introitum habuisse , nec ego dum mei compos fuero , tolerabo . ( so prejudicial did they deem a legates entry to their kingdom . ) veruntamen , quia fama te sanctum virum praedicat , moneo te , ut si forte terram meam ingrediaris , caute progrediaris , ne quid sinistri ●ibi contingat . indomiti enim & sylvestres homines ibi habitant , humanum sanguinem sitientes , quos nec ego ipse valeo edomare , qui etiam si in vos irruant , nequeo eos cohibere . me etiam nuper , ut forte audistis , voluerunt invadere , & a regno expellere exhaeredatum . quibus auditis , legatus avidam voluntatem intrandi scotiam temperavit , & latera regis sui , scilicet angliae , sibi per omnia obedientis , non reliquit . remansit autem cum rege scotiae quidam italicus legati consanguineus , quem rex cingulo militari , terram etiam conferendo , ne penitus rebellis videretur , nobilitavit . et sic soluto concilio , rex angliae cum legato suo versus australia remeavit . appropinquante vero tempore concilii , jussit sibi legatus sedem parati in occidentali parte ecclesiae sancti pauli londoniis fastigiosam nimis & solennem , longis trabibus & sedilibus gradatim exaltatam . misit igitur literas suas , ut vocati omnes angliae praelati , scilicet archiepiscopi , episcopi , abbates , priores installati , tam sub conventus sui vel capituli , quam suo nomine , literas procuratorias deferentes , ut quicquid in concilio statueret legatus , ratum utrobique haberetur . venerunt igitur omnes juxta mandatum domini legati , nimis vexati & fatigati in corporibus propriis , equorum & viaticis ; utpote ingruente hyeme & multiformi tempestate , omnes praelati suae legatiae , angliae tamen potissime . advenerat etiam cum aliis ad idem concilium properantibus , quidam clericus , nomine magister walterus , cognomento pruz , qui palam asseruit , omnes fere plane tas sub uno signo , scilicet capricorno , tunc convenientes , commotionem magnam in aere facturos , & ventos validissimos commoturos : pestemque magnam animalium , praecipue cornutorum ; quae pecudes vel pecora appellamus , subsecuturam pronuntiabat . et addidit quasi jocose : utinam non * hominum cornutorum , scilicet episcoporum . nec fefellit omnino haec praedicentis opinio . statim enim ecclesiam sancti pauli , ubi tunc erant congregati , t●ntus ventus concussit , quod omnes , praecipue legatum , tremor magnus occupavit . nocte autem sanctae ceciliae , nubeculae teterrimae , turritae , & inordinatae , luna existente prima , in occidente apparuerunt ; & coeperunt mug●re tonitrua , micare coruscationes , venti quoque commoveri , & per totam noctem sequentem & diem ventus inhorruit validissimus , qualem non se meminit aliquis praevidisse : & hic ventus per quindecim vel plures dies duravit continuatus . corruerunt robora radicitus avulsa , domus , turres , aedificia , motionem senserunt vel ruinam ; ut merito aer perturbationi hominum videretur concordare . cum igitur convenissent londoniis praelati angliae , in ecclesia sancti pauli , die prima concilio assignata , scilicet in crastino octavarum sancti martini , non comparuit legatus ; quia episcopi rogaverant eum , ut ea die daretur eis copia inspiciendi quae proposuit statuere , & secum super his deliberare , ne * aliquid in praejudicium eorum statuere attentaret . altera igitur die , constitutis in secretis & abditis locis militibus armatis & servientibus circiter ducentis , quos ei ad instantiam precum suarum dominus rex commodaverat : timebat enim valde sibi , eo quod dicebatur , eum nimis velle desaevire in eos , qui plura habebant beneficia , & praecipue in illegitimos . apparuit autem summo mane , scilicet diluculo , in ecclesia praedicta . erat autem ibi tot expectantium multitudo tam compressa , quod ipsi legato erat ingressus difficillimus . et ingressus ecclesiam , coram majori ecclesia , pontificalibus se induit , scilicet * superpellicio , & desuper cappa chorali , pellibus variis furrata , & mitra . et praecedentibus archiepiscopis cantuariensi & eboracensi eum , cum processione solenni , cum cruce & cereis accensis , & cum letania , sedem suam ascendit per gradus pompose , ut dictum est , praeparatam , & jam pomposius tapetis & palliis redi●●tam : collocante se a dextris domino cantuariensi & eboracensi a sinistris : propter quod orta est inter eos dissentio , scilicet de ordinatione sessionis . et appellatum est ex parte eboracensis , pro jure suo , quod sibi vendicabat . lecto igitur solenniter evangelio , scilicet , † egosum pastor bonus , sicut moris est , dictisque collectis propriis ab ipso legato , & cantato veni creator spiritus , appellatoque ab eboracensi , ut dictum est ; sederunt juxta legatum duo archiepiscopi , cantuariensis a dextris , eboracensis a sinistris . quibus dixit legatus , volens ipsam controversiam pacificare , neutrius tamen juri derogando : * in bulla domini papae stat imago pauli à dextris crucis in medio bullae figuratae , & petri à sinistris : nulla tamen inter tantos sanctos est orta unquam contentio , ambo enim sunt in coaequali gloria . veruntamen propter petri clavigeri dignitatem , & apostolatus principatum , necnon & cathedralem dignitatem , cum prioratu vocationis , merito à dextris crucis eius imago collocanda videtur . sed quia paulus credidit in christum , quem non vidit ; à dextris figuratur : beati enim qui non viderunt , &c. sic dominus cantuariensis totius angliae primas , & qui praeest antiquissim● ac nobilissimae ecclesiae cantuariensi , necnon & londonensi , quae est sancti pauli , non sine ratione à dextris est collocandus . et ex tunc sequentibus diebus fedit cantuariensis a dextris , eboracensis a sinistris . secundo autem die , concilio jam incepto , missi sunt ex parte domini regis , comes lincolniensis johannes , et johannes filius galfridi , et willielmus de raele , canonicus sancti pauli : ut dicto legato * ex parte regis et regni inhiberent , ne ibi contra regiam coronam et dignitatem aliquid statuere attentaret . et remansit ibi , ut hoc observaretur , willielmus de raele , indutus cappa canonicali et superpellicio , aliis recedentibus . an argument of the kings care to preserve the rights of his crown and kingdom as far as possible , against papal , legatine , and prelatical encroachments . eodem quoque die petiit dominus simon cantuariensis archidiaconus , dominum legatum in audientia omnium , ut audiretur ab omnibus authenticum suae legationis , a domino papa sibi commissum : quod & factum est . et eodem die , ad impetrationem domini regis , lectum fuit quoddam privilegium , de festivitatibus sancti edwardi per totam angliam celebrandis . et de mandato domini papae , de sanctis francisco & dominico canonizatis . et quia audierat dominus legatus , dum adhuc in hospitio suo esset , multos pluribus ecclesiis beneficiatos , nobiles sanguine & possessionibus , & illegitimos , de quibus mentionem in quodam statuto concilii fecerat , * contra ipsum murmurasse , & ei etiam insidias praeparasse : quosdam magnates , scilicet comitem marescallum g. & comitem lincolniae j. & comitem de monte-forti s. & quosdam de familia domini regis , cum gladiis & fustibus munitos , ad tuitionem sui suorumque , secum ad concilium duxit & reduxit . in concilio vero , cum statutum contra eos qui * plura beneficia obtinuerunt , contra concilium lateranense , pronunciaretur , episcopus wigorniensis walterus , scilicet de cantelupo , surgens in medio , deposita mitra sua , sic dominum legatum est affatus . pater sancte , cum multi nobiles , quorum sanguis noster est , plura obtineant beneficia , cum quibus nondum dispensatum est , quorum etiam aliqui provectae sunt aetatis , & usque ad praesens honori●ice vixerum , & hospitalitatem ad posse procurando , eleemosynas patentibus januis erogarunt , durum esset nimis , tales suis beneficiis spoliatos , in ignominiosam trudi paupertatem . quidam vero juvenes feroces ac strenui , maximis periculis se opponerent , ancequam suis se sinerent privari beneficiis , unico tantum retento . quod bene perpendo per memetipsum . antequam enim ad istam vocarer dignitatem , proposu● in animo meo , quod si unicum amitterem beneficium talis praetextu constitutionis , omnia amitterem . unde timendum est , quod multi ad praesens in simili proposito perseverent . quoniam igitur multitudo talium in causa est , sanctae paternitati vestrae supplicamus , quatenus ob salutem vestram & nostram , super hujusmodi statuto dominum papam consulatis . praeterea , cum statutum vestrum in religione sancti benedicti , ad omnes aequaliter se extendat ; & durum sit multis , tum propter locorum penuriam , & praecipue monialibus , cum sint debiles & fragiles , hoc statutum observare , necesse est huic rigori discretum addere temperamentum . super quo etiam postulamus , ut dominum papam super his velitis consultare . cui dominus legatus respondit , quod si omnes praelati , scilicet isti praesentes archiepiscopi & episcopi , una cum eo , super his domino papae scriberent , libenter consentiret . et sciendum , quod quia aliqui opinabantur , sicut datum fuit intelligi domino legato , quod statuta sua robur nisi tantum in tempore suae legationis non obtinerent ; jussu ejusdem surrexit in medio quidam clericus suus , magister scilicet altho , & aperto libro authentico , scilicet registro domini papae ; ad majorem authoritatem , ut validius talium opinionem improbaret , quandam decretalem legit distincte & aperte , quam dominus legatus distinguens approbavit : per illam asserens manifeste , quod etiam post recessum ejus , sua statuta perpetuae firmitatis robur debeant obtinere . nec praetereundum , quod primo die concilii , collocatis , ut praedictum est , archiepiscopis cantuariensi , scilicet a dextris , eboracensi vero a sinistris , perlectoque evangelio , ego sum pastor bonus , dictisque collectis ad hoc pertinentibus , indictoque silentio , & turba comprimente castigata , dominus legatus sedendo quasi ●ubam vocem suam exaltans , sermonem suum inchoavit , thema suum sic praeordinando : in medio sedis & in circuitu ejus quatuor animalia plena oculis ante & retro . in sermone prosequendo innuens , quod praelati , quasi animalia habentia oculos ante & retro , debent esse in rerum saecularium dispositionibus providi , & in spiritualibus circumspecti , priora sequentibus caute continuantes . et post sermonem legi fecit statuta , alta voce & distincte , quae firmiter statuit observari , quae subscripta in hoc libro duximus annotari . quoniam domum domini decet sanctitudo & ministros ejus , a domino dicitur , sancti estote , quoniam sanctus sum ego dominus deus vester . satagit astutia humani generis inimici , ut sanctitatem subtrahat vel destruat utrobique , dum in plerisque locis ut ne consecrentur ecclesiae vel retardat , & ne suo digne fungantur officio , ministorum mores & vitam multorum vitiat & depravat , sanctorum patrum regulis & statutis , generaliter omnibus christianae religionis profectibus opponendo . huic est igitur armata manu a cunctis christi fidelibus fortiter in fide resistendum , & ad ejus molimina renovatis & novis semper utendum viribus enervanda : sicut isaac puteos quos foderant filii abrahae , sed humo impleverant palestini , prius studuit renovari , deinde alios fodere prorsus novos . denique nos otto , miseratione divina , sancti nicholai in carcere tulliano diaconus cardinalis , & apostolicae sedis legatus , ad partes angliae , cum legationis officio a sede apostolica destinati : divino fulti auxilio , et astantis concilii suffragio et consensu , ad roborandum et reformandum statum ecclesiasticum in partibus anglicanis , salvis aliis canonicis institutis , quae cum reverentia volumus & cupimus observari , quaedam ex commissa nobis pote●tate duximus observanda , quae per certos articulos fecimus digeri & distingui . after which follow all the canons made and promulged in this council , which those who please may peruse at leasure in * matthew paris , and in johannes de aton , his constitutiones legitimae ecclesiae totiusque regionis anglicanae , ab legatis à latere summorum pontificum collectio , fol. , to . with his glosse upon them . the . canon was for the dedication and consecration of churches , many cathedrals as well as parish churches being then unconsecrated : the . and . concerning ecclesiastical sacraments and baptism : others concerning the covetousness of priests , their hearing confessions , the qualities of such as were to be ordained , their farmers and vicars , presentations to churches , not dividing one church into more , the residence of bishops and priests , pluralities , the habit of clerks , clandestine marriages of priests , priests concubines , their sons succession in their benefices , protecting of theeves , murderers , eating of flesh , the office of archdeacons , bishops , their judges , procurations , undue , unjust citations , exactions by procurations , registers , abuses of proctors and ecclesiastical judges , and an oath to be prescribed to them , to prevent the like abuses for the future . in this council , this legate introduced the use of oathes in ecclesiastical courts and causes , never formerly used in england , under a specious pretext , by colour whereof the bishops and their agents , extending their authority beyond the canon , introduced these and other oathes , against the laws and customes of the realm , to the peoples great oppression , as you shall hear anon , till the king by his prohibitions restrained this usurpation . the canon first introducing an oath of calumny made in this council , runs in these words . * jusjurandum calumniae in causis ecclesiasticis cujuslibet , & de veritate dicendi , in spiritualibus quoque , ut veritas aperiatur facilius , & causae celerius terminentur , statuimus de caetero praestari in regno angliae , secundum canonicas et legitimas sanctiones , obtenta in contrarium consuetudine non obstante . huic statuto utiliter annectentes , ut judiciales induciae judicis dentur arbitrio , juxta legitimas & canonicas sanctiones . the nature , kinds , forms , words of this juramentum calumniae , you may read at large in johannis schneidewini , a most famous civilian , professor academiae witebergensis , in quatuor institutionum imperialium d. justiniani libros , commentarius , printed argentorati . lib. . tit. . and tit. . de juramento calumniae , to whom i referre the readers desiring satisfaction therein . he resolving p. . istud juramentum hodie non aestimatur uno obolo , quia facti sumus contemptores dei , & religionis ejus . unde ego puto , quod litigatores nostri temporis , potius jurant le calumnia committenda quam vitanda , & ideo melius esset , quod istud juramentum ex toto tolleretur a judicio , causa vitandi tot perjuria , non obstante quod hoc juramentum sit inventum ob publicam utilitatem . the corrupt depraved condition , extraordinary rapines , symony , covetousnesse , extortions of the pope , court , and church of rome in that age , which gave general scandal to all conscientious christians , and some cardinals themselves , yea caused the greek church wholy to separate from the latine , deny the supremacy of rome , and renounce all obedience to her , is thus recorded by matthew paris , out of a private letter sent from rome to the popes legate in england , advising him to moderation , to prevent a total rejection of the pope and see of rome . eodem quoque tempore , circa dies domini natalitios , quidam romanae ecclesiae potens ac specialis consiliarius , scilicet dominus j. de columna cardinalis , legato in anglia commoranti , secretius scripsit in haec verba . frater fratri , levita levitae , dilecto dilectus in christo , salutem . si pagina exarata secretum valeret extraneis , & ob locorum distantiam non subjaceret discrimini , multa calamo commendarentur , quae lingua subticet nec pandit amico . veruntamen haec charitati vestrae celare non debeo , quod nimis avide , vel potius inconsulte , se mater immersit fluctibus , et in fauces luporum ultronea se jactavit , duorum tantum fuit consilio , tertio annuente , quin verius gressu praecedente consilium , et cocis praecedentibus cum tractatu . hinc est , quod libertas abjicitur , servitus inchoatur , sanctuarii sydus effunditur , ancillatur patrimonium , superbia exaltatur , tonantium carcer emitur , honor contemnitur , appetitur confusio , armatur molestia , tranquillitas effugatur , non curatur de fratrum et exterorum scandalo , irrisionibus irridetur , caecus loco dividitur , differuntur negocia , instantes protracti sermonibus diutina expectantium lassitudine fatigantur . bene vobis accidit , quod ab his tormentis abstracti , abiistis ad regionem long inquam , ne videret is mala gentis vestrae & sanctorum , ne pulsaremini quotidianis ictibus , crebris punctionibus lacerati . voluimus reformare statum , ut saepe tentavimus , & ecce deformis destitutio subintravit . incassum traduntur consilia , ubi voluntas non sistitur fr●no prudentiae , sed impetu agitata , prosilit ad procliva , nec patitur retardari . accedit quoque ad doloris cumulum , nobilis illa columna , qua tam magnificè structuram ecclesiae sustentabat , recolendae videlicet memoriae dominus sabinensis , subito subtractus de medio ; molestiae primum dolore percussus , ac postmodum infirmitate lenta vexatus , obiit in domini potentias ingressurus ; ruinae casum occasionaliter matri relinquens , cum gemitu & moerore . redierunt fratres a regione dissidente cum principe , sed pacis impressa vestigia non apparuerunt ; quia non paruerunt pacis bajulis discordiae sectatores . antiochensis a societate distrahitur , nec a redeuntibus commendatur . vellem quod breviori familia stiparetur amicus , ne fieret aliis oneri , & obtrectantium dentibus laceraretur . et quia invalescentibus fluctibus scandalorum & plurium tempestatum , necessarius estis matri , vos ad reditum praeparate . datum viterbii , festo sancti lucae . hoc igitur & similibus indiciis manifeste compertum est , ecclesiam romanam , dei ( proh dolor ! ) indignationem incurrisse . ipsius enim magist 〈◊〉 us et rectores , non populi devotionem , sed marsupia plena quaerunt denariorum : non animas deo lucrifacere , sed redditus rapere , et pecuniam congregare , religiosos opprimere , poena , usura , simonia , et aliis diversis argumentis , sibi aliena impudenter usurpare . non curatur de justitia et honestate , de simplicium informatione : * imo cum quocumque modo quis beneficio ecclesiastico investitur , de summa pecuniae , quam inde sortiri possunt , statim sciscitatur : ultima vero vel nulla quaestio oritur de sancto vel ejus nomine , quo ecclesia intitulatur : hinc imprecatio , murmur in populo suscitavit , & diatim ira dei merito provocatur . visa igitur tanta malitia & oppressione , erigitur graeca ecclesia contra romanam : imperatorem suum expellendo , & soli archiepiscopo suo constantinopolitano , nomine germano , obediendo . qui procaciter graecorum errores , non tantum veteres , imo novos & adinventos defendens , enormiter a religione catholica delirat . eorum enim haec est desipientia : asserunt , spiritum sanctum non à filio , sed à patre solo procedere , eo quod scriptum reperiatur : spiritus veritatis , qui à patre procedit . praeterea , conficiunt de fermentato . et in multis , latinis contradicunt , & eos spernunt , ecclesiam romanam in pluribus condemnantes , magis tamen ejus facta quam dicta . constituit igitur sedem suam , quasi alter lucifer , in aquilone , scilicet in constantinopoli , graecorum civitate metropolitana , filius scilicet degener & antipapa , vocans ecclesiam suam et asserens digniorem , et ecclesiam romanam sororem ejus dicens esse , non matrem : eo quod beatus petrus apostolorum princeps quondam , prius quam romam venerat , antiochiae , quae imperio graecorum adjacet & pertinet , sedem constituit cathedralem . addens , quod antiochia omnem quem potuit apostolo christi , & sic christo , exhibuit honorem & reverentiam : propter quod theophilis meruit appellari . roma vero eundem apostolum petrum & coapostolum ejus paulum , post probra & contumelias , mortis supplicio condemnavit . hinc honor & reverentia , illinc dedecus & insolentia : unde graeci filii , romani vero privigni , jure meruerunt appellari . veruntamen , ut ex tenore suprascriptarum epistolarum perpendi potest , praedictus germanus archiepiscopus convocare desiderat graecos suos & latinos , scilicet romanos , ut propositis utrinque rationibus , in unam sententiam conveniant ; quos fortius rationum & authoritatum corroborat adminiculum : ut universalis ecclesia deo militans , una & integra nuncupetur , & juxta salvatoris decretum , unus sit pastor , & unum ovile per totius mundi latitud nem . scribit igitur idem germanus domino papae in haec verba . his two epistles to pope gregory and the cardinals of rome , concerning a brotherly union between the greek and latine churches , and pope gregories epistles in answer to them , ( wherein he justifies his pretended primacy by misapplyed scriptures ) being over-long , and not so pertinent to my subject matter , those who please may peruse in * matthew paris : only i cannot pretermit this passage in germanus his epistle to the cardinals , touching the large extent of the then greek church . † hoc solum addam , & verbo finem imponam , quod videlicet multae & magnae gentes sunt , quae nobiscum sapiunt , & nobiscum , qui graeci sumus , conveniunt in omnibus . primi , illi qui in prima parte orientis habitant , aethiopes , deinde syri , & alii qui graviores sunt , & magis virtuosi , scilicet hyberi , lazi , alani , gothi , chazari , innumerabilis plebs russiae , & regnum magnae victoriae bulgarorum . et hi omnes tanquam matri nostrae obediunt , in antiqua orthodoxia immobiles hactenus persistentes . this year the greek churches with all these her members , renounced all obedience to , and communion with the church of rome , upon this just occasion , ( for which the church and realm of england might then more justly have rejected her iron yoak of bondage , had they been able to accomplish it . ) hoc schisma & dissidium inter romanam ecclesiam & graecam , tale sumpsit seminarium . quidam archiepiscopus electus canonice ad quendam nobilem archiepiscopatum in graecia , vel postulatus , romam adiit confirmandus : nec potuit exaudiri , nisi pro impetratione illa , infinitum aurum promitteret . at ipse detestans prostantis curiae simoniam , infecto negotio recessit ; & hoc toti graecorum nobilitati nuntiavit . et alii , qui romam adierant , testimonium de similibus aut deterioribus perhibebant : et sic omnes a subjectione romanae ecclestae tempore gregorii istius recesserunt . indeed they never acknowledged any subjection to the church of rome before , but only retained a brotherly christian communion with her , which they now renounced for her manifold corruptions . the pope and his cardinals , upon germanus and the greek churches letters to them , endeavouring to prove st. peters universal supremacy over all churches , from * tu vocaberis cephas , quod interpretatur petrus . pasce oves meas , &c. and answering their objections against it very unsatisfactorily , resolved to reduce them to obedience by force of armes , not argument or scripture ; and published a crossado against them , as if they were worse then infidels , most unchristianly diverting the forces defigned to ayde the holy land against the saracens , to murder and destroy the greek churches , especially that of constantinople . his autem salutaribus monitis auditis , sed non exauditis , non se graeci ecclesiae romanae subdiderunt : forte tyrannidem , et avaritiam ejus pertimescentes ; vel erecti in contumaciam , juxta dictum evangelistae , quod invitati ad coenam noluerunt venire , se tamen excusantes : humiles in excusatione , superbi & contumaces in operis executione . super quo dominus papa & cardinales tractatum habentes diligentem , proposuerunt exercitum cruce signatorum universalem , super eos reflectere . et facta praedicatione , signati sunt nonnulli , super gracos , praecipue constantinopolitanos , profecturi . for which purpose he sent baldwin their deposed , expelled emperor , with all the forces he could raise , to war upon and subdue them , who arrived in * england , where he received some small supplyes of money . eisdem temporibus , profectus est in partes graeciae , ad expugnandum sibi & ecclesiae romanae rebelles , imperator constantinopolitanus baldewinus , in manu robusta , & militia non minima , quantam & qualem , omnes ejus amici & consanguinei potuerunt administrare . qui etiam , ut thesaurum accumularet & adaugeret , reliquias charissimas & certissimas vendidit regi francorum , necnon & quaedam sibi charissima impignoravit . erat namque a francorum nobilibus ducens originem . cui etiam papa , in odium et gravamen aemuli sui imperatoris romanorum prederici , modis omnibus , quibus scivit et potuit , manum extendit auriliatricem . hereupon the archbishop of antioch , and germanus archbishop of constantinople were so far incensed against the pope and church of rome , that they excommunicated them , asserting themselves and their churches to be above the pope and church of rome , yea more antient and excellent then they , even by arguments drawn from st. peter himself . anno quoque sub eodem , ad tantam ausus est proterviam impetu temerario prorumpere antiochenus archiepiscopus , ( consentiente germano constant inopolitano archiepiscopo , grecorum advocato , & vices agente antipapae , ) quod dominum papam cum tota sua romana ecclesia et curia , inani authoritate excommunicavit . et blasphemando , se suamque ecclesiam solenniter praedicando , tempore et dignitate domino papae et romanae ecclesiae praeposujt , et esse , et fuisse romana ecclesia excellentiorem ▪ eo quod beatus petrus apostolus , primo ecclesiam antiochenam cum summo honore rexerat per septennium ibidem , cum summa qua decuit receptus reverentia , & similiter honorifice incathedratus . rom. vero fuit multis injuriis & convitiis , multipliciter lacessitus : tandemque sub imperatore nerone passus , cum coapostolo suo sancto paulo , speciali graecorum d●ctore , dirae mortis supplicium consummavit . unde merito clarior & amabilior eidem esse tenetur ea civitas & regio , cum suis civibus & omnibus incolis , quae eidem beato petro apostolo honorem & reverentiam contulerunt , quam quae dedecus & tormenta inflixerunt . potestatemque ligandi & solvendi , liberaliter potius ecclesiae graecorum contulisse , quam romanae : quam simoniae & usurae , avaritiae & aliorum facinorum maculis constat jam sordere . hac & aliis rationibus superticialibus , suas in propriam perniciem cicatrices , dictus antipapa palliavit , & excusationes in peccatis excusavit . sed columna ecclesiae dominus papa , verus divi petri successor , ( etsi non plene imitator ) non movebatur , omnem vindictam reservans , in tempore retributionis : sending baldwin with armes to subdue them , though with very ill successe , as * mat. paris , and mat. westminster relate . sed defuit divinus favor propositis . periit enim francorum in ejus exercitu multitudo numerosa . ipsoque eodem tempore , cum fugisset imper. constantin . a persecutione graecorum , nec quicquam haberet in aerario , ut bellum amplius continuaret , & graecorum impetus continuos sustineret , confugit ad consilium & auxilium imperatoris romanorum frederici . qui graecis tum terribiliter comminando , tum consultius postulando , tandem treugas per annum unum impetravit . interim procuravit idem imperator fredericus , ut filiam suam cuidam magno principi graecorum , nomine battacio , matrimonio copulavit . quod domino papae simulque toti curiae romanae molestum videbatur & grave , quia per ipsum battacium schisma ortum est inter ecclesiam romanam & graecam . unde ipsa romana ecclesia vocat eum schismaticum , & factum est obstinatius odium proinde , inter dominum papam & imperatorem fredericum . this schisme of the greek church from , and opposition against the pope and church of rome , made the pope and his court fear the like schisme and revolt in england , occasioned by the legates violent proceedings , extortions , and advancement of strangers to benefices ; whereupon he intended to recall him thence to prevent these ill consequences ; but the legate loth to depart , prevailed with the king and others to solicite the pope for his continuance in england , upon pretence of publike good . eodem tempore , dominus papa & tota curia romana , audiens tot tumultus in anglia fuisse subortos pro alienigenarum multitudine , quam rex inconsulte vocaverat : et pro adventu legati in angliam , quem similiter in depauperationem suorum in angliam attraxerat : multosque contra ipsum commoveri : sub magna eundem legatum festinatione revocando , rigorem ejus temperavit , sic scribens ei . gregorivs , &c. dilecto filio ottoni , sancti nicholai in ●●rcere tulliano diacono cardinali , apostolicae sedis legato , salutem & apostolicam benedictionem . cum sic intellexerimus , quod nonnulli clerici habentes plura beneficia sint in regno angliae , & contra eos , propter parentum potentiam , juxta generalis statuta concilii , sine turbatione regni & sanguinis effusione , procedi non possit : attendentes quod si peccatum non debeat pro scandalo vitando committi , bonum tamen quod agi debeat , prudenter interdum intermittitur , ut scandalum evitetur : discretioni tuae per apostolica scripta mandamus , quatenus si contra dictos clericos sine scandalo procedere non poteris , subsedere procures . et eisdem , vel aliis proximis , dominus papa timens ne quid sinistri ei accideret , vocavit eum . sed legatus malens adhuc in anglia remanere , & metere ubi non seminaverat , caute procuravit , ut scriptum domino papae destinandum componeretur , & appenderentur sigilla regis & fratris sui comitis richardi , & omnium episcoporum , in testimonium veritatis : scilicet , quod multum utilis esset mora sua in anglia , tam regi , quam regno , et ecclesiae anglicanae . et hujus tenoris scriptum domino papae transmissum , mentem suam pacificavit . i find this supplication to the pope for the legates stay in england , thus entred in our records , being procured by his own solicitation . svpplicatum est domino papae , quod pensatis periculis diversis quae regi & regno suo possent imminere ex revocatione legati , quem dominus papa jampridem revocavit , indulgere velit , ut dictus legatus officio legationis suae fungatur in anglia , donec negotia regia per ipsum laudabiliter incepta , prospero fine fuerint terminata , & tranquillitas regis angliae , cui extitit per omnia necessarius , sicut p. saracenus ei exponet , ejus moderamine fuerit in posterum fortius roborata . teste rege apud kenton . vi . die marc. eodem modo scribitur per clausas papae & cardinalibus quod partes suas interponant . after this , the king to honour this legate all he could , and secure him and his followers from violence where ever they travelled through england , granted him this patent and protection . rex , omnibus ballivis & fidelibus suis per quorum ballivas venerabilis pater o. dei gratia s. nicholai in carcere tulliano diaconus cardinalis , & apostolicae sedis legatus , transiturus est , salutem . mandamus vobis firmiter praecipientes , quatenus cum idem dominus legatus vel sui per ballivam vestram transitum fecerint , ipsos honorifice admittatis , & salvum conductum per ballivam vestram eis faciatis . ita quod pro defectu vestri sibi vel suis nullum dampnum eveniat . in cujus rei testimoniam , &c. teste rege apud ely , x. die junii . the legate soon after travelling to oxford , was there honourably entertained and presented by the university and schollars at first , which through the insolency of his porter and cook ended in a tragical tumult , excommunication , and interdict ; thus registred to posterity . tunc vero temporis , dominus legatus cum oxoniam adventasset , & honore summo , prout decuit , reciperetur : hospitatus est in domo canonicorum , scilicet abbatia de ossenciae . clerici vero scholares , eidem xenium honorabile in poculentis & esculentis transmiserunt ante prandii tempus . et post prandium , ut eum salutarent , & reverenter visitarent , ad hospitium suum venerunt . quibus advenientibus , janitor quidam transalpinus , minus quam deceret aut expediret facetus , & more romanorum vocem exaltans , & januam aliquantulum patefactam tenens , ait : quid quaeritis ? quibus clerici : dominum legatum , ut eum salutemus . credebant enim confidenter , ut ef●ent honorem pro honore recepturi . sed janitor conviciando loquens , in superbia & abusione introitum omnibus procaciter denegavit . quod videntes clerici , impetuose irruentes intrarunt : quos volentes romani reprimere , pugnis & virgis caedebant : & dum objurgantes ictus & convitia geminarent , accidit , quod quidam pauper capellanus hyberniensis ad ostium coquinae staret , & ut quippiam boni pro deo acciperet , instanter , more pauperis & famelici , postulaverat . quem cum magister coquorum legati ( frater legati erat ille , & ne procuraretur aliquid venenosum , quod nimis timebat legatus , ipsum ipsi officio praefecerat , quasi hominum specialissimo ) audivit , nec exaudivit , iratus in pauperem , projecit ei in faciem aquam ferventem , haustam de lebete ubi carnes pingues coquebantur . ad hanc injuriam exclamavit quidam clericus de confinio walliae oriundus : proh pudor ! ut quid hoc sustinemus ? et arcum , quem portavit , tetendit , ( dum enim tumultus accreverat excitatus , clericorum aliqu●arma , quae ad manus venerunt , arripuerant ) ipse missa sagitta corpus coci , quem clerici satyrice nebuzardan , id est , principem coquorum , vocabant , transverberavit . corruente igitur mortuo , clamor excitatur . ad quem stupefactus legatus , & nimis perterritus timore , qui posset in constantissimum virum cadere , in turrim ecclesiae indutus capa canonicali se recepit , seratis post terga ostiis . ubi cum noctis opacae conticinium tumultum pugnae diremisset , legatus vestimentis canonicalibus exutus , equum suum optimum ascendit expeditus , & ducatu eorum qui vada secretiora noverunt , amnem , qui proximus erat , licet cum periculo , transivit , ut ad protectionem alarum regis ocyus avolaret . cleri enim furia infecti , legatum etiam in abditis secretorum latebris quaerere non cessabant ; clamantes & dicentes : ubi est ille usurarius , simonialis , raptor reddituum , & sititor pecuniae , qui regem pervertens , & regnum subvertens , de spoliis nostris ditat alienos ? insequentium autem adhuc clamores cum fugiens legatus audiret , dixit intra se : cum furor in cursu est , currenti cede furori . et patienter omnia tolerans , factus est sicut homo non audiens , & non habens in ore suo redargutiones . cum autem ( ut praedictum est ) amnem vix pertransisset , paucis , pro difficultate transitus , comitantibus , caeteris in abbatia latitantibus , ad regem anhelus & turbidus usque pervenit , & lachrymabiliter , singultibus sermones suos interrumpentibus , rei gestae ordinem , gravem super hoc reponens querimoniam , tam regi quam suis collateralibus explicavit . cujus querulis sermonibus cum rex attonitus nimis compateretur , misit properanter comitem warenniae cum armata manu oxoniam : eos qui latuerant romanos eripere , & scholares arripere . inter quos captus est truculenter magister odo legista , & ipse cum aliis triginta vinculis & carceribus in castro de waligeford , quod non multum distat ab oxonia , ignominiose mancipatus . legatus vero contrito laqueo liberatus , episcopis convocatis nonnullis , oxoniam supposuit interdicto : & omnes illi enormi facto consentaneos , excommunicavit . postea in bigis , more latronum , ad arbitrium legati londinum sunt transvecti , & ibidem carceri & vinculis arctaeque custodiae , redditibus spoliati , & anathe mate innodati , mancipantur . such was his transcendent tyranny against these oxonians , for this tumult occasioned by the insolency and inhumanity of his own porter and cook , which rendred him very odious , so as he deemed himself secure in no place , without armed guards to protect him , which he requested and obtained from the king , till his reconciliation to the university of oxford , upon their extraordinary humiliation and pennance , thus related by our historians . legatus vero , qui versus partes angliae aquilonares tetenderat , flexo loro , londinum reversus est . et vix ausus in regali hospitio episcopi dunelmensis , ubi solito hospitabatur , commorari : significavit rex civitati londinensi , ut eundem legatum diligentibus excubiis cum armata manu , ut pupillam oculi , custodirent major civitatis cum civium universitate . legatus igitur archiepiscopum eboracensem , & omnes episcopos angliae , authoritate qua fungebatur , ut londinum convenirent , districte convocavit : de statu ecclesiae & cleri periclitantis , decimo sexto calend. junii comuniter tractaturi . quo cum die praefixo pervenissent , tractatum est diligenter per episcopos , ut salvaretur status clericalis universitatis , veluti secundae ecclesiae : quibus & legatus condescendit , salvo tamen honore ecclesiae romanae ; ne improperando diceretur , ut q●i venerat clerum cum ecclesia reformare , potius deformaret . tandem suggestum est legato ab episcopis ab universitate cleri , quae ibidem in praesenti fuit , quod certaminis discrimen a familia sua sumpsit exordium ; & in fine certaminis clerus deteriorem calculum reportavit : insuper jam de clero pars magna , ad nutum suum carceri mancipatur ; & pars reliqua mandato suo parens , parata fuit humiliter subire , in loco ab oxonia circiter tribus distante dietis ; ad petitionem tot & tantorum virorum , ad misericordiam , quod comitantibus episcopis pedes euntibus scholares omnes ibidem congregati , ab ecclesia sancti pauli , quae fere per unum milliare ab hospitio legati distabat , pedesirent ; ita tamen , quod cum venirent ad hospitium episcopi carleolensis , illinc sine capis & mantellis discincti & discalceati , usque ad hospitium legati procederent ; humiliter veniam postulantes , misericurdiam & veniam consequendo conciliarentur , quod & factum est . videns autem dominus legatus hanc humiliationem , recepit eos in gratiam suam restituens universitatem loco suo ipsius municipii ; interdictum cum sententia misericorditer ac benigne relaxando , literasque eis conficiendo , ne illis proinde nota infamiae aliquando procaciter objiceretur . i find these several patents and records , concerning this oxford tumult and reconciliation to the cardinal , and revocation of the schollars to the university , upon pledges given to appear before and stand to the cardinals censure . rex vicecom . oxoniae & majori salutem . praecipimus vobis quod in praesentia magistrorum roberti bacun , & johannis de rogat , recipiatis literas patentes singulorum magistrorum regentium apud oxoniam , & singulorum clericorum beneficia ecclesiastica habentium , qui sunt in villa oxon. quod ad mandatum domini legati , vel mandatum ipsius super transgressione , eidem domino legato facta nuper apud eos , et ab alus clericis oxon. commorantibus et beneficia non habentibus , plegios salvos recipiatis si , illos vobis possint invenire , clericos vel laicos , videlicet singuli clerici singulos plegios , quod similiter , ad mandatum ipsius legati , vel nostrum , venient parituri mandatis ipsius domini legati super transgressione praedicta . et omnes clericos praedictos & magistros tam beneficiatos quorum literas patentes receperitis , de veniendo , ut praedictum est , quam alios beneficia non habentes , a quibus plegios reciperitis sicut praedictum est , libere & sine impedimento , a villa oxon. recedere , & illuc redire cum voluerint permittatis . alios autem clericos , qui plegios nobis invenire non poterunt ut praedictum est , a villa oxon. recedere , nec illuc redire permittatis , donec pleniorem de transgressione praedicta , fieri fecerimus inquisitionem . teste rege apud windeshore septimo die maii. rex constabulario majori & balivis suis oxon. & omnibus aliis ad quos praesentes literae pervenerint , salutem . sciatis quod venerabilis pater vv. karl . episcopus , manucepit coram nbois magistrum johannem de mekilon , michaelem de sanct albano , petrum de karleol . & henricum de rad. socios suos galf , de sanct agatha & nicholaum socium suum , clericos , habendi eos coram domino legato ad mandatum nostrum , vel ad mandatum ipsius domini legati , ad parendum mandatis ejusdem domini legati super transgressione ei & suis nuper facta apud oseneij . et ideo vobis mandamus , quod eosdem clericos cum hominibus , equis & hernesio suo ad partes suas ire , & alibi quo voluerint , libere permittatis , non obstante mandato quod nuper fecimus , ne clerici recederent ab oxon. sine mandato , & de ipsis alibi arrestandis . teste rege apud westm . . die maij. per vv. de ral. rex constabular . majori & balivis suis oxon. & omnibus aliis ad quos praesentes literae pervenerint , salutem . sciatis quod dilectus & fidelis noster henricus de baillol . manucepit coram nobis pro engerim de baillol . bernard de hindel . roberto de paxton . adam de bockingfield . clericis , habendi eos coram domino legato ad mandatum nostrum , vel ad mandatum ipsius domini legati , ad parendum mandatis ipsius super transgressione ei nuper illata apud osenei . et ideo mandamus quod eosdem clericos cum hominibus , equis & hernesio suo ad partes suas , ire & alibi quo voluerint , libere permittatis , non obstante mandato nostro quod nuper fecimus , ne clerici recederent ab oxonia sine mandato nostro . teste rege apud westmonasterium . die maij. per amaur . de sancto amando . rex constabulario majori & balivis suis oxoniae salutem . sciatis quod concessimus omnibus clericis oxoniam commorantibus , quod ipsi libere & sine impedimento , ingredi & egredi possint villam oxoniae , & ad partes suas seu● alibi quo voluerint ire , ad praefatam villam oxoniae quando voluerint redire . et ideo vobis mandamus , quod eosdem clericos praefatam villam ingredi & egredi , & ad partes suas ire , & ad praefatam villam si voluerint redire libere , & sine impedimento permittatis , non obstante praecepto nostro quod vobis fecimus , de clericis ab oxonia recedere non permittendis . reddi etiam faciatis omnibus clericis praedictis catalla sua quae capta sunt occasione transgressionis factae in dominum legatum vel suos , exceptis illis qui de praedicta transgressione rectati sunt per inquisitionem quam inde fieri fecimus , & illis qui occasione praedicta in carcere detenti sunt . teste rege apud west . . die maij. rex archidiacono & cancellario universitatis oxoniae salutem . mandamus vobis rogantes , quod publice in locis quibus videritis expedire denunciari faciatis , quod omnes clerici qui fugerunt , aut se subtraxerunt de villa nostra oxoniae , pro insultu facto in dominum legatum apud osenyam , secure & sine timore captionis corporum suorum & amissionis rerum suarum , veniant ad ipsum dominum legatum poenitentiam facturi , & absolutionem recepturi de transgressione sua , si voluerint . in cujus , &c. teste rege apud rading nono die julii . how prevalent this legat was with the king , in disposing even of the aydes granted to him at his pleasure , will appear by this record rex omnibus , &c. sciatis , quod concessimus venerabili patri o. &c. apostolicae sedis legato , quod de tricessima nostra nobis concessa in regno nostro angliae cum collecta fuerit , de consilio suo , eam in loco tuto & competenti reponi faciemus , & de ea prudenter expendenda ad honorem & utilitatem nostram , consiliis suis nos supposuimus ; ita quod sine ipsius consilio nihil inde ordinabimus . in cujus , &c. teste meipso apud roff. . die novembris . this legate not only purveyed for himself , but likewise procured prebendaries and other ecclesiastical preferments , in the kings gift , for his chaplains ( to the great offence of his english subjects ) as these following records will demonstrate . rex concessit , & quantum ad eum pertinet , dedit magistro atae clerico domini legati quandam prebendam in ecclesia de norton . vac . & ad donationem regis spectantem , ratione episcopatus dunholm . &c. et mandatum est johanni filio - p. custodi ejusdem episcopatus , quod eidem magistro de praedicta praebenda sine dilatione plenam seisinam habere faciat . teste rege apud westmonasterium . die januarii . st. martins in london being one of the kings free chapples , exempt from all episcopal jurisdiction and visitation , the king upon this consideration granted this prohibition , to the prior and dean of st. gregory in canterbury , not to proceed in a suit concerning the state and liberties thereof , and appealed likewise to the pope . rex priori sancti gregorii cant. & decano ejusdem civitatis , salutem . cum henricus rector ecclesiae sancti leonardi trahat in causam coram vobis herebertum , canonicum ecclesiae sancti martini london . ejusdem ecclesiae procuratorem super quibusdam , statum & libertatem dictae ecclesiae tangentibus , quae in editione praedicto hereberto facta continentur super quibus contra dictum procuratorem ferretur praejudicium , qui sumus dictae ecclesiae sancti martini patroni , quae nostra libera capella est , & ab omni jurisdictione episcopali per * sedem apostolicam exempta , ne contra ejusdem ecclesiae decanum & capitulum , vel eorundem procuratorem ulterius in dicta causa procedatis , dominum papam appellamus , william de wakering . capellanum procuratorem nostrum ad appellandum nomine nostro , & appellationem nostram innovand . constituentes ratum habituri , quicquid idem w. appellando & appellationem innovando coram vobis fecerit . teste apud vvindl . . die maii anno regni nostri . . moreover the king granted this memorable prohibition to the archdeacon of oxford , not to hold plea of legacies and other things belonging to his chapple of stinefeld , which it seems was one of his free chapples , and appealed thereupon to the see apostolick . rex magistro r. archidiacono oxoniae , salutem . noveritis ad nos pervenisse quod persona de northleya , & ejus procuratores legata defunctorum , & quaedam alia , ad capellam nostram de stinefeld . secundum antiquam & approbatam consuetudinem pertinentia , in nostrum praejudicium extorquere nituntur . quare discretioni vestrae prohibemus , quatenus in causa , quae vertitur inter joseph . capellanum praedictae capellae nostrae , & parochianos ipsius super praemissis , ex una parte , & personam de northleya & ejus procuratores ex alia , minime procedatis , in praejudicium regiae dignitatis . et ne aliquid contra excellentiam nostram praesumatis in causa memorata , sedem apostolicam appellamus . teste rege apud vvodstock . . die septembris . the king by these letters patents , granted a license to the bishop of lincoln to erect a vicaridge in the church of essenden , whereof he was patron . rex episcopo lincolniensi , salutem . sciatis quod ordinationi fiendae per vos , & magistrum nicholaum de farnham , de competenti vicaria in ecclesia ejusdem magistri de essenden . quae est de advocatione nostra , assensum nostrum adhibemus . in cujus rei testimonium , &c. teste rege apud vvestmonasterium . die maii. per ipsum dominum regem . this year there hapning a difference between the king , and monks of durham about their bishop elect , whom the king would not approve ; he thereupon issued these letters patents to the archbishop of york , appointing his proctors to appeal to the see apostolick against this election , only for delay to preserve his right . rex eborum archiepiscopo , salutem . noverit paternitas vestra nos appellationes quas dilecti clerici nostri magistri s. de steyland , domini papae capellanus , & vv. de glouc. & blasius de mara . in negotio electionis dunelm . coram vobis apud eborum & apud blid. prius interposuerunt ; ratas habentes , dilectum clericum blasium de mara . latorem praesentium , ad dictas appellationes innovandas , & appellandum de novo , si necesse fuerit , procuratorem nostrum constituimus . et ne ulterius in dicto negotio procedatis sedem apostolicam appellamus . in cujus rei testimonium has literas nostras vobis mittimus patentes . teste meipso apud westmonasterium tertio die febr. anno regni nostri . after which he constituted another proctor in this case and renewed his appeal . rex venerabili patri vv. eadem gratia eborum archiepiscopo angliae , salutem . noverit paternitas vestra quod nos appellationes , quas dilecti clerici nostri magistri simon de steyland . domini papae capellanus , & willielmus de glouc. & blasius de mara . in negotio electionis dunelm . coram vobis apud eborum & blyam , & pontem fractum interposuerunt ratam habentes , ad dictas appellationes innovandas , & appellandum de novo , si necesse fuerit , praedictum magistrum s. procuratorem nostrum constituimus , & ne ulterius in dicto negotio procedatis sedem apostolicam appellamus . in cujus rei testimonium has literas nostras patentes vobis mittimus . idem parti adversae significamus . teste rege apud sanctum edmundum primo die junii anno regni nostri the like proctor he constituted in the difference about the election of the bishop of norwich , referred to the popes legat , to determin . rex domino legato , salutem . in causa electionis quae vertitur inter nos ex una parte , & priorem & conventum norwic. ecclesiae , ex altera , authoritate domini papae sanctitati vestrae commissa , dilectum clericum nostrum magistrum williel . de kilkenni , procuratorem nostrum constituimus . ratum habituri , quicquid idem magister williel . fecerit justitia mediante , in causa memorata . idem parti adversae significantes . teste rege apud ditton . undecimo die junii . this year richard earl of cornwel , with all the nobility and barons of england , ( except the earl of kent ) and generality of the citizens and people of england made a commotion against the king , by reason of this legate , and other aliens , by whom he was wholy swayed , neglecting and suffering them extreemly to oppresse his natural subjects ; the contests hereupon are at large related by matthew paris . et sperabatur certissime tunc , quod ipse comes richardus esset liberaturus terram tunc , tam a romanorum quam aliorum alienigenarum misera , qua premebatur , servitute , & omnes a puero usque ad hominem senem , crebras in ipsum benedictiones congesserunt . nec adhaesit aliquis regi , nisi solus comes cantiae h. quod comperiens rex , animo & vultu nimis consternatus , nobilium terrae singulos per nuntios suos interrogavit , diligenter sciscitando , si in hunc vel illum in hac jam exorta tempestate , possit de adiutorio confidere ? cui responderunt universi , praecipue cives londinenses , asserendo universaliter , quod honori suo , & commodo regni procuratum est circumspecte , quod incipiebatur ab ipso comite richardo , licet ipse rex salubri consilio ejus non adquiesceret : unde incepta nullo modo impedirent . haec comperiens legatus , summam adhibuit , imminere videns pericula , diligentiam , ut regem suis naturalibus hominibus reconciliaret , secreto admonens comitem r. & replicans , quod ipse qui capitaneus hujus impetus factus est deinceps ab incaepto desisteret , promittens regem ei ampliores possessiones collaturum , & dominum papam collatas confirmaturum ; addens , quod si omnes terrae in regem insurgerent , ipse qui frater ejus , cum eo contra omnes stare haberet indefessus . ad quod respondit comes r. domine legate , de terris laicorum et earum confirmationibus nil ad vos , de rebus autem ecclesiasticis curam geratis . nec miremini , si status regni moveat me , cum sim haeres solus apparens . rex enim cum fere omnium episcopatuum terrae & multarum escaetarum custodias habuit , nullum tamen thesaurus ejus sentit ad regni tuitiones incrementum : cum tamen undique variis vallemur inimicis . praeterea , redditus & beneficia ecclesiastica , a piis praedecessoribus nostris collata ( praecipue quae contulerunt antecessores nostri viris religiosis ) permittit quasi spolia diripi , & alienigenis , cum abundet ipsa terra viris idoneis , distribui : & fit anglia quasi vinea sine maceria , quam vindemiant omnes qui praetergrediuntur viam . cum autem audisset legatus hos sermones , regem adiit , una cum episcopo wintoniensi p. monens & muniens , ut se ex tunc voluntati suorum juste in eum insurgentium , subderet & obtemperaret : nunc minis , nunc monitis , nunc precibus eundem reformantes . rex videns impetus suos favoribus caruisse , & omnes fratri suo comiti richardo inclinantes ; quaesivit quae potuit diverticula : inducias deliberandi postulando , ut competentius responderet . induciae igitur ad instantiam petentium concessae sunt regi ( licet cum difficultate ) usque in crastinum dominicae primae quadragesimae . convenerunt igitur magnates die statuto londini super his diligenter tractaturi . et venerunt multi equis & armis communiti , ut si rex circumventus per levitatem recalcitraret , ad praemissa complenda cogeretur . ibi igitur post multas multorum deceptationes , se subjecit rex quorundam provisioni de gravioribus viris ; jurans se eorum provisioni adquiescere . quod & factum est , & in scripta redactum , & appensa sunt tam legati quam aliorum magnatum sigilla , omnibus in communi manifestanda . interim his nondum perfectis , sed cum spe tamen pendentibus , simon de monte forti ( who had unlawfully married the countesse of pembrock , the kings and earls sister , and to prevent a divorce , extorta prius undecunque potuit immensa pecunia , romanam curiam adiit quam speravit pecunia circumvenire , ut illicito matrimonio liceret gratulari ) humiliavit se comi●●● . & obtinavit ab eo osculum concordiae . quod gravissime alij magnates acceperunt , sine quorum conniventia hoc fuit attemptatum , quorum laboribus fuit res hucusque deducta . quibus enormibus factis totum negotium in magna parte mutilatum , perfectum non sumpsit effectum , sed miserias regni continuavit , & famam comitis richardi in magna parte denigravit : & sic factus est deinceps suspectus , qui credebatur baculus fortitudinis . edmond archbishop of canterbury , anno . hebdomada ante natale transfretavit & romam adiit , nec propter legatum ipsum revocantem , voluit remanere , unde sibi ex tunc adversabantur . the occasion and successe of this his journy against the legates revocation is thus reported by * matthew paris . anno . illo quoque anno , &c. data est sententia a domino papa pro monachis roffensibus , super controversia mota inter archiepiscopum aedmundum & eosdem monachos , de eligendo sibi episcopo , & data est senteutia pro eis , tam de petitorio quam de possessorio : & confirmatus est electus eorum , magister richardus de wendoure , die sancti cuthberti . convenerat autem eosdem monachos dictus archiepiscopus , expensis & laboribus exinanitos : insuper transalpinaverat , ut sicut jus dictaret , lis tanta debito fine determinaretur . similiter data est sententia tunc temporis contra eundem archiepiscopum , qui tunc in curia romana praesens fuit , super gravi causa , quae versabatur inter eum & comitem arundelliae : & condemnatus est utrobique in expensis , circiter mille marcarum : relaxata sententia quam tulerat , idem archiepiscopus in comitem supradictum . habuit enim adversarium validissimum ottonem legatum : qui & ad hoc etiam regem efficaciter stimulavit . after the death of henry de sandford bishop of rochester , the monks of rochester elected richard windeley , a learned man , for their bishop ; who being presented by the monks to edmund archbishop of canterbury for his confirmation , he refused to admit him , unde monachi domini papae praesentiam appellarunt . upon this appeal the pope gave judgment for the monks against the archbishop , and condemned him in costs of suit , confirming their election in dispite of the archbishop , with whom the pope was very angry for opposing his shamelesse and intolerable exactions in england : whereupon this bishop elect was consecrated at canterbury in st. gregories church , by the archbishop , the bishop of london , and other bishops ; quia archiepiscopus suspenderat ecclesiam cantuar. à divinarum celebratione , praemissa debita postulatione à priori roffenfi ricardo , & installatus fuit in die s. andreae apud roffen . although the archbishop miscaried in these two precedent suits at rome , yet he obtained an indulgence from the pope to the prejudice of the monks of canterbury , thus related . † archiepiscopus cantuariensis aedmundus , a curia romana rediens , venit in angliam . qui contra monachos suos cantuarienses , quamvis cum gratia conventus ab anglia recessisset , a domino papa pro se impetravit : unde suborta est discordia nimis enormis & indecens inter gregem & pastorem ; & passa est ecclesia damna multa , & dedecus , suspensionem & ignominiam . unde vocatus legatus ad reformationem illius deformationis , dum in capitulo cantuariensi praesideret , propter quoddam scriptum , in quo privilegium quoddam , tempore beati thomae impetratum , continebatur ( quod quidam imprudenter combusserunt ) priorem cantuariensem deposuit , & ad districtiorem ordinem , ut ibidem perpetuam ageret paenitentiam , destinavit , quosdam monachorum dispersit , quia ( ut dicebatur ) in praedicto privilegio , quae sibi videbantur manifeste adversari , pietate minus discreta occulte abraserat , & quae pro eis agere apposuerat . et quia tales rasurae in tam authentico scripto non poterant diligenter intuentes latere , ne † notam infamiae falsarii conventus incurreret , unus fratrum combussit inconsultus . unde legatus , cum mentionem illius scripti fecisset archiepiscopus , interrogassetque , & non inveniretur , & licetinviti de re gesta veram facerent confessionem , legatus , merito commotus in vindictam tanti excessus ; priorem ab administratione amovens , aliquos qui rei videbantur dispersit , commonens ut arctius viverent perpetuo poenitentes . postea , quia prior cum saecularibus capitulum intravit , contra domus approbatam consuetudinem , ad electionem celebrandam , conventus sibi priorem absque assensu archiepiscopi elegit . unde hoc audito , archiepiscopus electionem reprobando cassavit : totum conventum , praecipue electum & electores , non tantum suspensionis , sed etiam anathematis vinculis innodavit . conventus autem contra archiepiscopum in hoc ad praesentiam domini papa constanter appellavit . the legate lodging at this time in the archbishops palace , and the archbishop lying in the monastery of st. augustines , lest he should thereby claim a jurisdiction over it , made this protestation in writing ; noverit universitas vestra , quod cum de mandato sedis apostolicae speciali , dominus otto apostolicae sedis legatus , in domibus nostris apud cantuariam morabatur , nos de speciali gratia abbatis & conventus monasterii sancti augustini cantuariae , ad romanam ecclesiam nullo medio pertinentis , & in eorum domibus infra septa sui monasterii per aliquot dies in nostris expensis hospicium habuimus : protestantes , per hoc eorum privilegiis , & compositioni inter nos & ipsos initae , nos in nullo velle in posterum derogari , & ut de hac nostra protestatione & voluntate successoribus nostris liqueat , in futuro has literas nostras fecimus , &c. anno domini m. dd. xxx viii . edmundus archiepiscopus mandavit officialibus & decanis suis , ut in capellis & ecclesiis parochialibus denunciari facerent in genere , excommunicatos omnes illos qui maliciose terras vel possessiones occuparunt , libertates scienter impugnarunt , decimas vel redditus injuste detinuerunt ad istud monasterium de jure spectantes . hoc addens in fine , hoc mandatum nostrum exequentes , quod non de negligentia redargui , sed de diligentia debeatis merito commendari . how corrupt the pope , court of rome , and what unjust sentences were given by them for bribes and money in that age , this story , amongst others , will inform us . * interim s. de monte forti , cum gratia imperatoris & literis supplicatoriis , se transfert ad curiam romanam : & effusa & promissa infinita pecunia , a domino papa impetravit : ut ratum habeatur matrimonium , quod non sine laesione conscientiae contraxerat cum alienora regis henrici . sorore . votum enim solenne fecerat coram aedmundo archiepiscopo , continuanda in vita sua castitate . the pope for money dispensed with this marriage ; quamvis votum solenniter factum coram aedmundo archiepiscopo cantuariensi repugnaret , ut liceret illicitis abuti amplexibus . scripsitque dominus papa legato ottoni , ut pro praefato simone de monte forti , solenniter sententiaret . quo audito , frater willielmus de abendune , de ordine praedicatorum , & multi alii periti , zelum dei prae oculis habentes increpaverunt hanc sententiam ; sanctitatem papae circumveniri , & animas periclitari , christumque zelotypari veraciter affirmantes . quia licet , sicut pars adversa protestatur , habitum cum velo non assumpserit mulier de qua agitur ; annulum tamen , quo se christo subarravit , vel potius desponsavit , assumpsit , & sic sponso christo indissolubiliter copulatur ; testante authentico scripto in sententiis magistri petri , in tractatu de voto ; scilicet libro quarto . in quo , praemissis rationibus & authoritatibus sanctorum & canonum , subinfert . ex his apparet , virgines vel viduas voto continentiae astrictas , sive fuerint velatae , sive non , nullatenus conjugium sortiri posse . quod itidem de omnibus intelligendum est , qui continentiam voverunt . quod autem erat ante licitum , post votum erit illicitum . sed aliquid forte subtilius , quam nobis datum sit intelligi , romana curia speculabatur . the sight and receit of golden angles at rome , over-ballanced all laws , canons , decretals , both of god , man , councils , and popes themselves . hence king henry the d. soon after , when simon de montefort and his wife , came to visit him and his queen , and to accompany her to a monastery for her purification ; * rex eum excommunicatum vocavit ; prohibuitque ne ipse vel uxor ejus , quam ante matrimonium inter eos contractum , nequiter & furtive maculaverat , festivis suis solenniis interesset : & cum multiplicaret convitia , comes confusus cum uxore sua ad hospitium suum , per aquam venire properavit . sed rex statim eos praecepit ejici truculenter . et cum flentes & ejulantes reverterentur , veniam flagitantes , regiam iram non sedarunt . dixit enim : sororem meam seduxisti ante sponsalia , quod cum comperissem , ut vitaretur scandalum , dedi sed invitus . et ut votum suum matrimonium non impediret , romam adiisti , romanamque curiam donis et promissis impreciabilibus , ut illicitum tibi liceret , corrupisti novit tunc praesens . a. cantuariensis archiepiscopus , qui papae veritatem super his intimavit : sed victa veritas romanae cessit avaritiae , muneribus multiplicatis . in cujus pecuniae solutione cum defecisti , excommunicationis sententia innodari meruisti . ad cumulum etiam miseriae tuae , me inconsultum & nescium , fidejussorem per falsum testimonium interposuisti . comes vero , cum haec audisset , erubuit , & cum dies inclinasset , per tamesim in cymba minima cum uxore tunc & pauca familia ad mare festinanter declinans , continuo transfretavit . the like corruption , bribery , and partiality appeared in their proceedings , sentences at rome , concerning the elections of bishops , witnesse that concerning winchester . * anno quoque eodem , quinto idus junii , obiit episcopus wintoniensis , petrus scilicet de rupibus . qui cum ecclesiam wintoniensem circiter triginta duobus annis strenue rexisset , & laudabiliter peregrinationem fuam in terra sancta , una cum exoniensi episcopo , peregisset , domosque religiosorum plurimas construxisset ; apud fernham manerium suum , plenus dierum , facto nobili testamento , diem clausit extremum . sepultus est autem in ecclesia sua wintoniensi , ubi etiam dum viveret , humilem elegit sepulturam . in cujus obitu totum concilium regni anglicani , tam regale quam ecclesiasticum , jacturam incurrit irrestaurabilem . rex vero audito de obitu petri wintoniensis , omnem quam potuit adhibuit diligentiam , ut inclinaret corda monachorum winton . ad electionem gulielmi electi valentini , ut eundem in praesulatum promoverent . sed monachi videntes ipsum esse alienigenam , & nobilibus regni suspectum , posseque de facili nocere ipse regno , cum frater ejusdem electi comes sit flandrensis , & si forte in subversionem regni conspirarent , alter alteri auxiliaretur , noluerunt aliquo modo consentire . vnde rex ipsis damna incessanter et gravamina undique inferre molicbatur . ipsi vero maluerunt persecutionem pati pro justitia , quam soli regi acceptum virum , curae pastorali insufficientem , moribus , gestu & literatura incompositum , natu alienum , & de effusione sanguinis infamem , in suarum animarum pastorem eligere , contra suarum conscientiarum puritatem . dissimulantes igitur monachi , sub induciis a rege impetratis , eligerunt gulielmum de raele , virum discretum , & regi familiarissimum , quem nullo modo credebant regem velle repellere . quod cum rex cognovisset , iratus valde , nec electionem , nec electum acceptavit , imo ipsum gulielmum electum a consilio suo et familiaritate propulsavit . similique impetu , episcopum cicestrensem , quem monachi pro spiritus postularent , ab officio cancellariae privavit , & a sua familiaritate & consilio exclusit . necnon authoritate domini papae , missis ad curiam romanam magistris simone normanno , & alexandro seculari , legistis conductitiis , non sine multae pecuniae effusione , cassari procuravit . matthew paris thus relates the proceedings in this election , a little more largely . * in illisdiebus , rex omnem quam potuit , plus & secus quam deceret , adhibuit diligentiam ( quamvis prius saepe jurasset alienigenas amovere , non promovere ) ut electus valentinus ( qui tamen vir sanguinum esse dicebatur ) in episcopum wintoniensem promotus eligeretur . quod constanter monachi , ad quos specialiter ex antiquo jure pertinere dignoscitur electio , inter se renuentes , sicut moris est , regem adierunt , licentiam eligendi postulantes . rex autem antequam responderet , eos de electione & promotione electi valentini , quem suum vocavit avunculum , sollicitavit . at monachi dissimulantes , inducias super hoc deliberandi simul cum conventu , ad quem pertinebat electio , postularunt . sed cum rex preces suas talibus induciis sensit effectu caruisse , divertens ad solitas cavillationes , petitioni monachorum respondit : intimatum est mihi , quod duo archidiaconi episcopatus wintoniensis , electioni vestrae tenentur interesse ; nec eos in praesenti video , unde petitioni vestrae non est annuendum . cui monachi responderunt : quod et si electioni interesse ( quod nimis absurdum & justitiae dissonum esse videtur ) debeant , postulationi electionis interesse non debent . et ita rex , licet diu recalcitraret , justae postulationi eorum non potuit contradicere . sed cum postea fida relatione cognovisset , quod iidem monachi communiter de willielmo de raele , viro utique per omnia laudabili , diligenter tractarent , ut in episcopum eligeretur , & omnes jam in eum consensisse : rex iratus , nimis procaciter respondit : renuistis electum valentinum , dicentes eum virum sanguinum , & willielmum de raele , qui multo plures lingua , quam alius gladio trucidavit , elegistis . et in superbia & abusione juravit , se nunquam hoc ullo modo tolleraturum . monachi igitur indignationem regiam pertimescentes , declinarunt ab incepto . interim rex possessiones episcopatus & instaurationes demoliendo , crebro in maneriis episcopatus jacuit , agmine stipatus numeroso . monachi igitur wintonienses , videntes moram destitutionis damnosam ; de sibi eligendo pastore diligenter tractaverunt . quod cum cognovisset rex , illuc illico acceleravit , & instantius quam deceret vel expediret , in capitulum intrans ; conventum comminando & promittendo petiit , quatenus electum valentinum , avunculum suum , in episcopum eligerent . at illi , caute volentes regiam indignationem declinare , impetus indiscretos induciis emollire studuerunt : & nolentes injustis petitionibus annuere , episcopum cicestrensem radulphum de neville , regis cancellarium , unanimi consensu sibi in episcopum & pastorem animarum suarum postularunt . cum autem videret rex , iterum instantiam precum suarum effectu caruisse ; justae postulationi monachorum adversando , multa convitia congessit in eundem episcopum , dicens eum impetuosum , iracundum , perversum ; vocans omnes fatuos , qui eum in episcopum postularunt . insuper sigillum suum , quod idem episcopus per universitatem regni receperat custodiendum , rex violenter abstulit , & fratri galfrido templario , & johanni de lixintuna commisit bajulandum : emolumentis tamen ad cancellariam spectantibus , episcopo , quasi cancellario , redditis & assignatis . prosequens autem rex conceptum impetum , misit ad curiam romanam , simonem normannum , & alexandrum saecularem , legistas conductitios . qui multa data et promissa pecunia , virum justum de jure suo privando , et justum judicium subvertendo , praedictam postulationem perperam cassaverunt : such was the bribery and injustice of the court of rome in this age . these appeals and contests about elections , as they brought much filthy lucre to the pope , his court and officers , so they extraordinarily advanced , and in a great measure confirmed his injurious usurpations over the king , kingdoms ▪ prelates , covents , chapters , churches of england and ireland , so as they could not for many years after retrench them , with all their complaints , diligence , oppositions against them . soon after ▪ electus valentinus gulielmus romam adiit , vocante eum domino papa ad qu●m fama ipsius pervenerat , quod vir crat in negotiis bellicis strenuus & circumspectus , ( an ill qualification for a † bishop , in st. pauls judgement ) & procurante eodem papa , in curia romana postulatus est in electum leodiensem , & nihilominus tamen , ut electus valentinus diceretur & esset , mutato solummodo nomine ; scilicet , ut diceretur electus leodiensis , & procurator valentinus , ut abusio vocabulorum vitaretur . d monstruosa humanae caecitatis ambitio ! adhuc et ad winton . non habito tamen respectu ad officium pontificale , sed emolumentum temporale , rege favente totis nisibus adspiravit . which matthew paris thus relates . * tunc temporis vocatus est willielmus electus valentinus , procurante papa ( quia , ut dicebatur , proposuit eum habere ducem exercitus sui contra imperatorem ) ad episcopatum leodiensem , retenta procuratione valentini episcopatus , quasi non esset notatus de perpetrato homicidio : unde nec mirum , si cum stupore admirarentur haec audientes , quod adhuc tam anhelo spiritu and episcopatum wintoniae aspiravit , regemque angliae diligentem ad hoc constituit procuratorem . heu , heu , quae numerosa pecunia curiam romanam adconsensum et permissionem inclinavit ? * circa idem tempus , rex vehementer oppressit ecclesiam wintoniensem , & quendam alienigenam , contra voluntatem totius conventus , in eandem violenter intrusit , ut praeesset conventui : ( because they opposed the election of this bishop w. de valentia ) qui inordinate se gerens , timore dei postposito , omnia subvertit , omnes pervertit : & thesaurum ecclesiae dilapidando , foli regi placere cupiebat . unde libera electio monachorum , dum idem prior adulterinus fere medietatem stellarum secum cauda sua traxit , periclitabatur , & multorum corda ad electionem willielmi avunculi reginae in episcopum , corrumpendo inclinavit : rex enim ad hoc summo nisu anhelabat . but this william , cum a domino papa impetrasset , ut in episcopum leodiensem eligeretur , & episcopatum wintoniensem obtineret : apud viterbium potionatus , ut dicitur , diem clausit extremum , die omnium sanctorum , procurante magistro laurentio anglica , sed postmodum eo rite purgato . quod cum papa audisset , doluit nimis , quia proposuerat de ipso facere ducem militiae suae in bello suo contra imperatorem : et idcirco eundem quasi monstrum spirituale , et belluam multorum capitum effecerat . noverat eum ad stragem strenuum , ad caedem pronum , ad incendia protervum : magistrum regis angliae , amicum regis francorum , sororium utriusque , avunculum reginarum , fratrem comitis sabaudiae , & aliis multis vel affinitate , vel consanguinitate confoederatum . sed haec mors inopinata , omne hoc propositum transmutavit . rex autem , cum hos lugubres rumores audivit , non se prae dolore capiens , scidit vestimenta sua , & ea projecit in ignem ; & rugitum magnum emittens , noluit alicujus admittere consolationem . regina quoque , quam causa familiarior stimulavit , funus avunculi deflevit tempore diuturno . so much was the death of this warlike , wicked , unpreaching , avaritious scandalous prelate lamented , especially by the pope . after his death , * monachi wintonienses a romana curia redeuntes , a domino papa impetrarunt , ut nullam alienigenam personam , & invisam universitati regni , per regis acerbam instantiam , vel imperiosas ejus preces in suarum animarum custodem & episcopum eligerent ; sed rite , ut justum & canonicum est , quemcunque viderent idoneum , libere & sine exactione in suum antistitem sumerent & pastorem . quapropter dominus rex in vehementem iram excanduit , quasi non potens invenire angligenam illi episcopatui sufficientem . et ex tunc priorille , quem rex intruserat , diligentem curam adhibuit ; ut constantiam monachorum enervaret , & eorum qui pro ecclesia hactenus viriliter steterunt , concordem unitatem dissiparet . though k. henry the d. was very obsequious to this pope gregory , yet the pope was so unchristianly malicious towards the emperor frederick , ( who married his sister by this * popes solicitation ) that he grew extremely angry with k. henry for sending some few english souldiers and money to the emperour , to help subdue the italians , who rebelled against him , and for writing an epistle to him , to deal more mildly with him , so that he neglected all businesses , especially such as related to the king and english for a season ▪ although his intended general the bishop of winchester cautelously passed over with trublevile , laden with monies and plate , to assist the pope . * eodem anno ; statim post pascha , misit dominus rex angliae militare praesidium ad dominum imperatorem juvandum contra rebelles suos , in partes italic●● , sub ducatu henrici de trubleville , viri in re militari peritissimi . cum quo etiam misit j. mansell , & willielmum hardel clericum , & civem londinensem , cum pecunia stipendiariis distribuenda . et strenue per totam aestatem exercitus regis imperatori militavit ; & quarumdam civitatum cives , volentes obstare , vicerunt , & imperio reddiderunt : ubi strenue se dictus j. mansell gessit . quod papa nimis moleste tulit . et circa idem tempus , direxit rex elegantem epistolam papae : petens ut mitius ageret cum domino imperatore ; quod gravius accepit papa , secus respondens quam deceret , et commotus est in tantam iram , ut per aliquod tempus omnia negotia , praecipue anglicorum , suspenderentur . cumque audiret electus valentiae , quod profecturus esset talis exercitus in italiam : caute , quasi dux eorum ; associavit se domino henrico de trubleville , & cum eo transfretavit . sub illis quoque diebus , electus valentinus , videns nulli placere moram suam in anglia : sponte , vel invitus , caute tamen , quia clitellis suis refertis , & equis oneratis auro & argento & vasis regalibus , transfretavit . these * differences and wars between the emperor , pope , king , italians , and greek church , upon the popes account , hindred the emperors voyage to the holy land , and ayde of the christians against the sarazens . the same year , * dominus legatus otho , omnes abbates angliae nigri ordinis authoritate domini papae citavit , ut coram eo apparerent londini in ecclesia sancti martini : de statutis , quae dominus papa , habita deliberatione , ordinavit , de ordine monastico reformando , tractaturi . abbatibus igitur ordinis nigri congregatis , exorsus est dominus legatus sermonem elegantem ; & animans omnes ad patientiam , incepit sic . in nomine domini nostri jesu christi , patris , & filii , & spiritus sancti , amen . cum grande sit opus & arduum , civitatem dei , quae est religio , novis & innovatis propugnaculis praemunire , contra versuti hostis insidias , qui eam novis & antiquis jugiter nititur machinis debellare : nos otho , miseratione divina , sancti nicholai in carcere tulliano diaconus cardinalis , apostolicae sedis legatus ; ex injuncto nobis legationis officio , ad juvandum pro viribus tam favorabile opus nos obnoxios reputantes , quaedam tum ex sancti benedicti patris regula , tum ex sacris conciliis & canonicis sanctionibus , tum ex statutis abbatum ordinis ejusdem beati benedicti , colligi fecimus & notari : quae si servata fuerint , sacrae religioni erunt in subsidium & tutelam . after which follow several canons and statutes , recorded at large by matthew paris , for regulating the abuses among monks and nuns , whereof this was one ▪ relating the grosse symony then in use among these pretended religious orders . a quoniam symoniaca labes plerasque moniales infecit , ut vix aliquas sine pretio recipiant sorores , paupertatis pretextu , volentes hujusmodi intolerabile vitium & scandalum totius religionis palliare : ne id de caetero fiat , penitus inhibemus . statuentes , ut quaecunque de caetero talem commiserit pravitatem , tam recipiens , quam recepta ( sive sit subdita , sive praelata ) sine spe restitutionis , de suo monasterio expellatur : in aliquem locum arctioris & strictioris regulae , ad agendam poenitentiam retrudenda . de his autem , quae ante hoc synodale statutum taliter sunt receptae , ita duximus providendum : ut remotae de monasteriis , quae sic perperam sunt ingressae & receptae , in aliis locis ejusdem ordinis collocentur . quae si forte , propter earum nimiam multitudinem alibi nequiverint commode collocari ; ne damnabiliter iterum in saeculo evagentur , recipiantur in eisdem monasteriis dispensative ; de novo mutatis prioribus locis , & inferioribus deputatis & assignatis . he closeth his canons thus . hoc etiam circa monachos , vel alios regulares , decernimis observandum . verum , ne per simplicitatem vel ignorantiam se valeant excusare , praecipimus ut diocaesani episcopi singulis annis hoc faciant per suas diocaeses , de verbo ad verbum fideliter publicari , &c. his igitur perlectis , abbates & priores congregati , audientes quod sancta religio per hoc non modicum reformata , foelix susciperet incrementum , verbum quasi hostiam coelitus missam cum omni alacritate & unanimi consensu susceperunt , facientes hoc in omnibus suis capitulis publicari , transgressores ejusdem , graviter disciplina regulari percellendo . fecerunt autem quamplures haec in martyrologia scribi : ut saepius in capitulo recitata , sicut solet regula beati benedicti , audientium cordibus inhaererent . b anno . dedicatae sunt nobiles ecclesiae conventuales , in diocaesi loncolniensi , in marisco , videlicet rameseie , burgi , & sautereie , a venerabili episcopo lincolniensi roberto . ecclesia rameseie , decimo calend. octobris , die scilicet sancti mauritii sociorumque ejus . ecclesia de burgo , quarto calend. octobris . ecclesia de sautereie , eadem septimana . the next year , ( anno . ) dedicata est ecclesia conventualis abendunensis , similiter ecclesia de welles , & ecclesiae eveshamensis , glovernensis , theukeburiensis , wicumberiensis , persorensis , alencestrensis , & multae aliae ecclesiae per totam angliam , secundum constitutionem londini per legatum ottonem celebratam . which constitution runs in these words . c basilicarum dedicatio , a veteri testamento initium dignoscitur habuisse , & in novo est a sanctis patribus observata ; in quo est eo dignius & studiosius facienda , quo in illo tantum offerebantur hostiae animalium mortuorum : in isto vero coelestis hostia viva & vera , ipse scilicet unigenitus dei filius , in altari offertur pro nobis , manibus sacerdotis . quare statuerunt provide sancti patres , ne in * aliis locis quam deo dicatis , nisi necessitatis causa , celebraretur officium tam sublime . porro , quia vidimus per nos ipsos , & a plerisque audivimus tam salubre ministerium contemni , vel saltem negligi a nonnullis , dum multas invenimus ecclesias , & etiam cathedrales , quae licet sint ab antiquo constructae , nondum tamen sunt consecratae oleo sanctificationis . ( an argument that their consecration was not so necessary as this constitution pretends . ) volentes huic periculosae negligentiae obviare , statuimus , & statuendo praecipimus , ut omnes ecclesiae cathedrales , conventuales , & parochiales , quae perfectis parietibus sunt constructae , infra biennium , per diocaesanos episcopos , ad quos pertinent , vel eorum authoritate , per alios consecrentur . sicque infra simile tempus fiat de caetero construendis . et ne tam salubre statutum transeat in contemptum , si loca hujusmodi non fuerint infra biennium a perfectionis tempore dedicata , a missarum solenniis usque ad consecrationem , manere statuimus interdicta ; nisi aliqua rationabili causa excusentur . ad hoc , ne praesumant abbates , ecclesiarum rectores , antiquas ecclesias consecratas , sub praetextu pulchrioris vel amplioris fabricae faciendae , diruere , absque licentia diocaesani episcopi & consensu , praesenti statuto districtius inhibemus . diocaesanus vero diligenter consideret , utrum expediat dare licentiam , vel negare ; & si dederit , attendat & intendat , ut opus quam celerius poterit , consummetur : quod extendi statuimus & volumus ad jam coepta . de capellanis vero minoribus , nil novi duximus statuendum . consecrationes earum , qualiter & quando fieri debeant , diffinitionibus canonicis relinquentes . on what weak and false grounds these consecrations were prescribed , appears by this constitution ; the chief end whereof was only to gain monies by such consecrations , made with most ridiculous , absurd , superstitious ceremonies , formalities , conjurations , and prophanations of sacred scripture , as those who please may read at large in pontificale romanum , p. , to . cap. de ecclesiae dedicatione : and in matthew parker archbishop of canterbury , his antiquitates ecclesiae britaniae , p. , , . bishop pilkington his exposition of aggeus , cap. . vers . , . & cap. . vers . , . thomas beacon his reliques of rome , and mr. calfhill his book against marshall , fol. , , . who censure them as d superstitious and papal innovations . pope gregory being informed that king henry the d. by ill advice had alienated , or given away , and dissipated to sundry bishops , churches , and noblemen , divers liberties , possessions , dignities , and other things appertaining to the right and state of the crown of england , to the great prejudice of the church of rome , to which the realm of england was well known to belong , obliging himself by his charters and oathes , not to revoke those grants and charters , commanded the king to revoke them , notwithstanding his oathes , by this bull , which i found extant under seal in the white tower. gregorivs episcopus servus servorum dei , charissimo in christo filio illustri regi angliae , salutem & apostolicam benedictionem . gravi sumus turbatione commoti , quod sicut audivimus , quorundam minus discreto ductus consilio , libertates , possessiones , dignitates , et alia quamplura , quae ad jus et statum coronae spectabant , in grave praejudicium ecclesiae romanae , ad quam regnum angliae pertinere dignoscitur , et enormem laesionem ejusdem regni , in plures praelatos , ecclesias , et alios magnates angliae liberalitate improvida dispersisti , et de non veniendo contra alienationem hujusmodi te iuramentis , necnon instrumentis publicis obligasti . attendentes igitur quod ex alienatione praedicta , sedes apostolica , cui praejudicare minime pótuïsti , non modicum laeditur , et regnum ipsum vir subsistere poterit , cujus honor particularibus dimunitionibus enervatur ; serenitati tuae praesentium authoritate mandamus , quatenus iuramentis et instrumentis praedictis nequaquam obstantibus , alienata praedicta revocare procures . dat. late an . x. calend. martii , pontificatus nostri anno undecimo . in sigill gregorius papa ix . by colour of this bull , the king revoked many of his grants , as being invalid without the popes consent , as the e forecited passage in matthew paris assures us , relating to this bull ( as i apprehend ) though he placeth his revocations a year or two before the date thereof , since i find no other bull preceding it , nor any intimation thereof in this , enjoyning him to violate his former oathes , or to recall his grants of this nature . anno . the pope being informed by sundry frequent and almost daily complaints , of the insatiable avarice and rapines of otho his legate in england , resolved to recall him the second time in shew , but by compact between the king and legate , still continued him at the kings request , to increase their oppressions , exactions , instead of redressing them . f dominus papa audiens per crebras admonitiones & fere quotidianas , scandalum jam in dies magis ac magis de romanorum insatiabili cupiditate & avaritia inextinguibili oriri in anglia , vocavit dominum ottonem legatum suum : ut cum omni festinatione , romam reverteretur . quod audiens dominus legatus , convocavit omnes episcopos angliae ut londinum die qua cantatur , laetare hierusalem , convenirent de reditu suo , & salvo conductu , communiter tractaturi . dominus rex vero , cum hoc audisset , timens sibi de parliamento futuro in octavis paschae , in quo adventum speraverat electi valentini , & confidens de praesentia domini legati , coepit nimis contristari : & timere , ne magnates aut proceres terrae unanimiter insurgerent in eum , propter varios & crebros ejusdem excessus & transgressiones , contra suas proprias constitutiones , toties promissas ac juratas . instantissime igitur procuravit dominus rex , ut missis expeditissimis nuntiis ad dominum papam , moraretur dictus legatus in anglia , ut per eum imminens turbatio sedaretur . ipse vero dominus legatus , regem id petentem nolens contristari , sustinuit expectando . g legatus quoque ad curiam romanam maturando , a rege , archiepiscopis & episcopis , civibus quoque londinensibus , in sermone quem propter hoc specialiter fecit , quasi irrediturus , humiliter salutavit . equos nobiles sibi datos vendidit bonis conditionibus , & viles loco eorum comparavit : sarcinas disposuit , clitellas praeparavit . sed rex credens eo absente expirare , totis viribus elaboravit parumper adhuc ut moraretur . miserat enim ad curiam romanam unum legistarum suorum , quorum magnam catervam retinuit , quasi venator canes venaticos , super electores praelatorum discopulandos , videlicet simonem normannum , ut impetraret a papa , ut daret in mandatis legato , quod adhuc in anglia , ut multis obviaret ibidem periculis , remaneret . nec fefellit eum sua opinio . ecce enim omni supellectili domini legati cum aliis viaticis dispositis , simon normannus venit , ei offerens literas secundum desiderium regis impetratas . quibus domino legato obtemperante , rex prae gaudio saltitavit . quod comperientes nobiles , qui londini infecto negotio suo , & timentes legati muscipulas , venerant , & comperientes vulpina diverticula regis , recesserunt indignantes , & regis verba sicut sophismata detestantes . soon after , h vocavit dominus legatus omnes episcopos angliae , ut in die qua cantatur , laetare hierusalem , convenirent londini , de negotiis ecclesiae tractaturi . et debit ibidem cum diligenti deliberatione , quaedam statuta monachis nigri ordinis , sub succincta brevitate inviolabiliter observanda . in quibus , rigorem indiscretum in multis temperavit . but this was only a specious popular prologue to his design , new exactions being demanded from the prelates , who took time to advise thereof till their next meeting ; in pursuit whereof , i convenerunt omnes episcopi londinum , pridie scilice : calendas augusti , de oppressionibus ecclesiae anglicanae tractaturi . exigebat enim legatus , post quotidianas exactiones , procurationes . cui habito consilio , responderunt episcopi communiter , quod toties bona ecclesiae exhauserat romana importunitas , quod nullo modo amplius tolerarent : exhibeat vos , qui inconsulte vos vocavit . et sic non sine querulo murmure , a concilio recesserunt . the legate hereupon being defeated of his intended prey in england , resolved to make a new attempt to enter into scotland , to make a prey of the scot●ish churches , under pretext of reforming them , where he met with great opposition from the king ; thus related . k eisdem diebus legatus in scotiam intrare festinavit , dispositisque rebus necessariis , & ducibus anglicis , qui viarum si forte pararentur , infidias explorarent , iter arripuit , hospitia sumptuosa eligens in abbatiis & ecclesiis cathedralibus . et antequam regnum scotiae intrasset , occurrit ei rex scotiae , non acceptans ingressum suum . dixit enim , quod nunquam aliquis legatus , excepto illo suo , in scotiam intravit . non enim , ut asseruit , opus erat : christianitas ibi floruit , ecclesia prospere se habebat . et cum sermones multiplicarentur , et rex fere ad contradicendum erigeretur , confectum est scriptum intercedentibus utriusque regni magnatibus inter eos : cujus tenor fuit , ut nunquam ratione illius adventus , talis consuetudo in consequentiam verteretur : insuper in recessu suo , scriptum illud signaret . et hoc procuratum est , ne confusus in angliam quasi repulsus reverteretur . veruntamen mare non transiit : sed in bonis civitatibus commorans cismarinis , vocavit episcopos & nobiles terrae beneficiatos , & de rebus ecclesiasticis ibidem pro libitu ordinavit , pecuniam non minimam colligendo . mat. westminster writes , that nullo prohibente , legatus ab omnibus praelatis et clericis beneficiatis . partem reddituum suorum collegit : et domino papae transmisit . rege vero in interioribus terrae commorante , legatus sine regis licentia clam et subito recedens , praedictum scriptum asportavit . such was his perfidiousnesse . the same year sir robert de tuinge and other patrons of churches , being deprived of their patronages and rights of presenting to churches , by the popes and his legates provisions , thereupon the king writ and sent a sharp letter to the pope by sir robert , complaining against , and desiring speedy reformation of this innovation and grievance , which the pope in some measure redressed , thereupon . l sub eisdem temporibus , quidam miles de partibus aquilonaribus angliae oriundus , summo nisu renuens colla jugo subdere romanorum , super patronatu cujusdam ecclesiae ad eundem militem spectante ( in quam ecclesiam per archiepiscopum eboracensem manus cupiditatis injecerant romani ) romam adiit . et cum gravem super hoc coram papa querimoniam reposuisset , sub hac forma subscripta , meruit literas impetrare . per quod conjici potest , qua devotione viros ecclesiasticos ( a quibus impune licet sua ecclesiastica bona rapere , pia patrum intentione collata , et in sustentationem pauperum provisa ) romana diligit ecclesia , semper hians , semper importuna . m ipsis quoque temporibus , comites & barones , & alii magnates angliae , ad quos ab antiquo jus patronatus ecclesiarum spectare dignoscitur , dolentes se privari sua libertate , et per cupiditatem romanae ecclesiae jure conferendi ecclesias enormiter privari , et alienigenas praecepto papali illis ditari , quorum personas et conditiones penitus ignorabant , licet sero domino papae scripserunt : & ipsam epistolam per dictum robertum de tuinge militem , qui per eandem violentiam privatus jure suo super patronatu ecclesiae de luthunum in diocaesi eboracensi , conquestus est graviter nobilibus regni , quod archiepiscopus se asseruit nihil posse , vel contra romanam ecclesiam velle recalcitrare . ipse igitur robertus romanam curiam non segniter adiit , hanc epistolam ex parte magnatum angliae praesentans . n excellentissimo patri & domino g. dei gratia summo pontifici , devoti sui de cestriae & de wincestriae , &c. salutem , reverentiam promptam , & paratam , si placet , devotionem . mergente jam navicula nostrae libertatis , progenitorum nostrorum sanguine subacta , prorumpentibus in nos plus solito perturbantium procellis , dormientem dominum in navicula petri cogimur excitare , acclamantes jugiter et una voce : domine salva nos , perimus : ut cum judicium & justitia sint correctio sedis ejus , unicuique nostrum jus suum tribuat , et conservet illaesum . ne si secus fieret , corruente charitate , devotioneque deleta , provocarentur filii contra patris viscera , et mutuae dilectionis affectus , subintroducta injuria , penitus evanesceret . cum igitur , sanctissime pater , a prima christianitatis fundatione in anglia , tali fuerint hactenus progenitores no●●ri gavisi libertate , quod decedentibus ecclesiarum rectoribus , ecclesiarum patroni personas idoneas eligentes , ae easdem diocaesanis praesentaverunt , ab eisdem ecclesiarum regimini praericiendas : verum * vestris temporibus , de conniventia vestra vel voluntate nescimus , talis contra nos invaluit adversitas , quod decedentibus ecclesiarum rectoribus , quidam executores vestri , ad hoc dati , ecclesias de patronatu nostro passim conferunt , in nostrae praejudicium libertatis , et in eminens periculum juris patronalis , licet super hoc pridem cautione literarum apostolicarum nobis prospexeritis , continentium , quod decedentibus ecclesiarum personis italicis vel romanis , authoritate provisionis vestrae in ecclesiis promotis , licite possemus personas idoneas praesentare : cujus oppositum videmus quotidie demandari , ( so little faith and truth was there then in papal bulls and promises ) de quo plurimum miramur , cum non debeat ab uno & eodem fonte , aqua dulcis & amara defluere . sane licet haec contra nos sit communis pestis introducta , pro qua contentiones , aemulationes , irae , rixae , nec non et caedes hominum poterunt fortassis exoriri ; unius tamen comparium nostrorum afflictionem exempli gratia producere decrevimus in medium ; ut quod contra eum & juris sui patronalis periculum hactenus est improvide procuratum , authoritate vestra , si placet , revocetur in irritum . cum igitur robertus de tuinge patronus ecclesiae de lu●hunum decedente n. italico , ejusdem ecclesiae rectore , personam idoneam prasentasset ad eandem ; obstante mandato vestro , distulit ipsum admittere dominus eboracensis , licet contra personam praesentatam nihil inveniret quod obsisteret , sed solam inhibitionem vestram praetenderet . verum , cum in incendio vicinae domus , nostrarum immineat periculum : vobis tanquam patri supplicamus , quatenus tam praedictum robertum quam nos omnes et singulos praedicta libertate praesentandi clericos nostros ad ecclesias nostras vacantes libere uti permittatis : injungentes praedicto archiepiscopo , quod j. clericum ad praedictam ecclesiam ab eodem praesentatum , pro quo etiam preces effundimus devotas , praesertim cum sit negotiis regis & regno nostro necessarius , nisi aliquod canonicum obstiterit , non obstante priori mandato vestro , admittat : ut ex hoc nos ad propensiorem devotionem & famulatum ecclesiae provocetis : ne cum sit jus advocationis praedictorum feudorum , pro quibus domino nostro militamus , cogamur illius invocare subsidium , qui jura et libertates laicorum protegere tenetur et confovere . valete . hereupon the pope fearing a general revolt from him and the see of rome , by the english as well as the greeks and other churches , if he gratified them not in * some measure in this their just request , returned them this answer . gregorius episcopus , servus servorum dei , dilectis filiis , nobilibus viris , richardo comiti pictaviae & cornubiae , & baronibus angliae , praesentes literas inspecturis , salutem , & apostolicam benedictionem . cum ex operibus nostris , quae plenum perhibent testimonium veritati , sit liquidum universis , quod nos personam charissimi in christo filii nostri , illustrem regem & reginam inter alios reges & principes orthodoxos & regna , in quibus nomen colitur christianum , in charitatis visceribus specialiter gerimus , & pacem ac tranquillitatem eorum propensius affectemus , rite praesumi non potest , & omnino credi non debet , quod nos , quantum cum deo possumus agere , seu tolerare velimus , quod juste possit honorem regiae serenitatis offendere , aut in eodem regno scandalum generare . vnde cum intentionis nostrae non fuerit nec existat , ut beneficia in regno angliae constituta , quae ad praesentationem pertinent secularium patronorum , authoritate nostra cuiquam conferentur , ●●cut ex quibusdam literis nostris , quondam in angliam destinatis , quarum tenorem de verbo ad verbum celsitudini regiae , sub bulla nostra duximus destinandum , colligitur evidenter ; comperto nuper ex ejusdem regis & vestrarum continentia literarum , quod quidam praedicti regni miles in ecclesia de lathun . eboracensis diocesis , quam olim cuidam de partibus nostris clerico , ignorantes quod praesentatio ad laicum pertineret , contulisse dicimur , jus obtinet patronatus , praelibati regis & vestris precibus inclinati , concessionem eandem auctoritate apostolicarevocamus , venerabili fratri nostro archiepiscopo eboracensi , nostris dantes literis in mandatis , ut eum quem dictus miles ad praefatam ecclesiam duxerit praesentandum , admittat & instituat in eandem , prout pertinet ad eundem , diuturnitate temporis cum per ipsum minime steterit non obstante , dummodo aliud sibi rationabile non obsistat . tenore praesentium districtius inhibendo , ne alicui de caetero liceat ecclesias praedicti regni , in quibus laici sunt patroni , praeter eorum assensum , apostolicae sedis auctoritate conferre . datum , &c. ( it is observable that the kings and clergies rights of presentation were not priviledged by this letter from his papal usurpations on them by provisions , translations , appeales , and cassations of the persons elected which were by them still continued . ) as the pope writ to the nobles of england , so he directed his letters to his legate to the same effect , concerning the advowsons and benefices of lay patrons . gregorivs episcopus , servus servorum dei , legato salutem . ad tuam volumus notitiam pertinere , quod cum intentionis nostrae non fuerit , nec existat , ut beneficia regni angliae , quae ad praesentationem secularium pertinent patronorum , authoritate nostra cuiquam conferantur ; nos nuper ex charissimi in christo filii nostri regis illustris , et nobilium virorum comitum et baronum angliae insinuatione comperto , quod quidam in regno angliae miles , in ecclesia de lathunun , eboracensis diocaesis , quam olim cuidam de partibus nostris clerico , ignorantes quod praesentatio ad laicum pertineret , contulisse dicimur , jus obtinet patronatus : regis & nobilium eorundem precibus inclinati , concessionem eandem auctoritate apostolica revocantes , venerabili fratri nostro archiepiscopo eboracensi , nostris dedimus literis in mandatis , ut eum quem dictus miles and praefatam ecclesiam duxerit praesentandum , admittat & instituat in candem prout pertinet ad eundem , diuturnitate temporis cum per ipsum minime steterit non obstante , dummodo aliud rationabile non obsistat , districtius inhibendo , ne alicui de caetero liceat ecclesias regni praedicti , in quibus laici sunt patroni , praeter eorum assensum apostolicae sedis auctoritate conferre . datum , &c. per haec & his similia , perpendi potest in libra rationis evidenter ( it is matthew paris his observation ) quanti in his temporibus mundi senescentis , constet juris rigor et ecclesiae reverentia , et pietas religionis . solum enim datae sunt in direptionem et praedam possessiones personarum ecclesiasticarum et imbellium religiosorum . iamjam igitur in antiquum chaos mundus ruere comminatur . tempore sub eodem petrus saracenus , this popes agent in england ( taken and kept prisoner by the emperor passing from england towards rome , for acting against him ) quem dominus imperator fredericus in vinculis pro redemptione sua detinebat , obtulit decem millia librarum bonorum esterlingorum ut sic saltem redemptus & liberatus , gratiam mereretur imperialem . quod annuit dominus imperator , si rex angliae amicus suus pro tantae pecuniae solutione , & ne iterum imperialem , ipse dictus petrus saracenus , vel aliquis suorum laederet dignitatem , occasione nacta ex hoc , fide juberet . et scripsit etiam praedictus petrus saracenus ad dominum papam & amicos suos , ut exhortarentur dictum dominum regem angliae , per dominum legatum & alios regi familiares , ut , sicut erat semper pronus & promptus , effundere pecuniam suam in promotionem romanorum , sese & regnum suum obligaret ad praedicta . cum igitur dominus legatus hujus negotii diligens esset mediator & procurator , dicebat , quod nullo modo posset suo nuntio incarcerato deesse honeste . dominus rex autem videns paratam sibi muscipulam , & quantum esset periculum regni ipsius , id suis romanis nihil curae esse , dummodo sua salvarentur sibi , profilit in verba iracundiae : jurans , quod poenituit ipsum , quod legatum in regnum suum , qui bona terrae jam dissiparet , et confundens fasque nefasque , relictis honestis viris angliae , advocasset . facta est igitur anglia eo tempore sub talibus potentatibus , quasi vinea , quam vindemiant omnes qui praetergrediuntur viam , non habens ullam maceriam includentem , aut custodem vel vigilem satis diligenter excubantem . nam quod semel vetuit , permittit iterum tepor ecclesiasticus . the same year there fell out sundry contests between the archbishop of canterbury and the monkes there , and the bishop of lincolne and his dean and canons , about their jurisdictions , priviledges and visitations , which begat appeals to rome , thus related . eo quoque tempore , aggravavit dominus archiepiscopus edmundus manum suam super monachos suos . et interdicta est ecclesia monachorum cantuariensium ; & novum quem sibi elegit conventus priorem , cum ipsis electoribus sententia excommunicationis innodavit . lincolniensis quoque episcopus , religiosorum in sua diocaesi , factus est malleus et immanis persecutor . nimirum in suos canonicos propriae ecclesiae cathedralis , qui eundem creaverunt , insurgens , exegit instanter , ut postposito decano lincolniensi , ab ipso episcopo , contra consuetudinem ecclesiae infra tempus cujus non extat memoria , visitarentur . ipsi vero insistentes appellationi , tempusque protelantes nimiumque altercantes , tandem compromiserunt in arbitros : scilicet ; dominum episcopum wigorniensem w. & ejusdem archidiaconum , & magistrum a. de blesciles , qui si non canonice processissent , liceret utrique partium , ad dominum papam iterum appellare , cessante interim utraque partium a visitatione . in qua adjectione , hoc , cessante interim utraque partium a visitatione , videtur pars canonicorum periclitari : episcopus enim nunquam visitavit , nec potest cessare qui nunquam incaepit : sicut nec diogenes , quae nunquam habuit cornua amittere . veruntamen decanus , pro quo canonici certaverunt , visitare cessaret , & sic videtur possessione privari vel ad horam , unde murmure multiplicato , caepit oriri scandalum gravissimum . mota igitur lite & controversia usque ad iracundiam , non permiserunt canonici episcopum in capitulum , nec ullam super eos facere visitationem : et p●●●tuit graviter super se talem episcopum de tam hu●●li creasse , & hoc publice coram ipso eodem episcopo protestabantur . facta contentione magna , & utrobique inutiliter profusis expensis non modicis , appellatum est ad praesentiam domini papae : constituto magistro odone de kinkenni advocato , ex parte capituli : uno dierum casus contigit admirabilis . dum unus canonicorum , causam fovens capituli , sermonem faciendo populo in medio illius nobilissimae ecclesiae lincolniensis , querimoniam reposuit coram omnibus , de oppressionibus episcopi , & ait : et si nos taceamns , lapides reclamabunt . ad quod verbum , quaedam magna pars ecclesiae corruit dissoluta . this year magister r. de meideneston , episcopus herefordensis , sponte cedens episcopalis , episcopatui , . calendas januarii , habitum fratrum minorum apud oxoniam accepit . the same year there arose sundry contests and transactions , about the election of bishops thus reported . sub eisdem temporibus cassati sunt , rege procurante ( eo quod propositum suum ad votum non processerat de electione willielmi electi valentini ) electus norwicensis , prior ejusdem domus , vir discretus , & per omnia commendabilis , & postulatus in episcopum wintoniensem , episcopus cicestrensis , scilicet domiuus r cancellarius , vir fidelis & discretus ; & fere inter omnes aulicos singularis columna veriratis . the king soon after repented of this unconsiderate action , not only in vacating his election , but taking the great seal from him , whereupon he courted him to resume his chancellors office , which be refused to do . tunc temporis , rex dolens de facto suo nimis enormi & indiscreto , quod dominum episcopum cicestrensem , cancellarium , qui irreprehensibiliter officium suum diu ante administraverat , secus quam deceret , ablato sigillo , à se & curia sua repulerat , eundem blanditiis & promissis attentavit revocare , sed ipse malens quietem quam curas : & emolumentum sigilli quam pericula : noluitincidere in laqueos quos evasit ; recordatus qualiter ipsum vocatum , & instanter postulatum ad episcopatum wintoniensem , cassari perperam procuravit dominus rex , cui tam diu tam fideliter , patrique ejus in alio obsequio , ministravit . radulphus bishop of coventry deceasing , the monks obtaining a license from the king to elect a new bishop , resolved to chuse such a one in the kings favour , as he would not probably refuse . et tunc temporis circa festum sancti matthiae , monachi coventrenses , videntes regem in electionibus processum canonicum procaciter semper impedire : nec in aliquem electum ab eis consentire , nisi cui favor regiusinclinasset ; ne amplius ecclesia sua , per diuturnam & morosam expectationem , pateretur dispendia & damna irrestaurabilia : dominum willielmum de raele , domini regis clericum specialem , virum discretum , & legum terrae peritissimum , in episcopum suum & animarum suarum pastorem , ( utpote eum , in quo rationabiliter naevus reprobationis vel contradictionis non apparuit ) unanimiter & communi consensu elegerunt . but he taking time to deliberate , whether he should accept of their election , was in the interim chosen bishop of norwich , which election he embraced , refusing that of coventry . whereupon the monks of coventry proceeded to elect another , who absolutely refused to accept thereof , though much importuned both by the monks and canons of lichfield , * who claimed a voyce and right in the election , which matthew paris thus reports . monachi quoque coventrenses , qui jam composuerant honestam formam eligendi , cum canonicis lichfeldensis ecclesiae , unanimi consensu willielmum de raele , cum , ut praelibatum est , sibi in episcopum suum elegissent , timentes ne si alium quam regi specialem accepissent , rex in faciem contradicens , eos more solito inquietasset : pendens electus idem willielmus adhuc haesitasset , & adhuc , utpote vir mirae prudentiae & experientiae , eventus futuros libra rationis trutinaret : videntes monachi norwicenses , se jam expectasse nimis , eo quod eundem willielmum in episcopum suum non elegissent , in qua electione nec regem , nec alium offendissent , statim in unum convenientes , ipsum willielmum de raele , sibi in episcopum suum elegerunt . ipse vero willielmus , episcopatui norwicensi , spreto alio episcopatu quem favore subaravit , adhaesit . maluit enim manere cum anglicis in anglia , quam cum indomitis walensibus in walliae contermino . after which he was consecrated bishop of that see. ● anno quidem eodem willielmus de raele rite in episcopum electus norwicensem in ecclesia sancti pauli londinensi , ab aedmundo cantuariensi archiepiscopo , praesente infinita praelatorum & magnatum multitudine , munus consecrationis accepit . cujus cum prognosticum esset , gaudium est angelis dei super uno peccatore poenitentiam , &c. omnes bonam spem de ipso conceperunt , ut quasi alter matthaeus , qui de telonia ad apostolatum & evangelii auctoritatem , sic de curiali occupatione ad magnae sanctitatis culmen subvolarat . the monks of coventry thus defeated of their expectation , proceeded to a new election , and chose nicholas de fernham for their bishop , who refused to accept thereof , both in respect of his own insufficiency to undergo the weight and burden thereof , and in regard the monks elected one , and the canons another , which made the businesse litigious , whereupon he constantly refusing it ; the monks of coventry consented to his election , yet he still peremptorily resolved not to accept thereof ; whereupon they at last chose simon de pate shall , who accepted it . eodem tempore , postulato sive electo willielmo de raele ad regimen ecclesiae norwicensis , & assensum tam populo praebente , quam clero , monachi coventrenses instanter procurarunt in negotio suo de aliquo idoneo pastore sibi eligendo , ne merito reprobanda electione amplius vexarentur : elegerunt igitur magistrum nicholaum de fernham , virum optime literatum , & quod pluris est , multiplici virtutum gratia decoratum , statura elegantem , discreto sermone facundum , vultu & gestu maturum & modestum ; ne naevus reprobationis propositum eorum possit impedire . quod cum rex acceptasset , & clerus , & populus : magister nicholaus , ut vir profundi pectoris , videns rem esse litigiosam , & in confinio regionis anglicanae , & reputans se more humilis & discreti , tanto oneri insufficientem , ponderansque tot animarum custodiendarum onus periculosum , in reddenda ratione , noluit aliquo modo adquiescere , sed oblatum onus cum honore constanter refutando , resignavit . erat nempe res ita litigiosa inter monachos & canonicos , quod affirmaret pars canonicorum tunc debere eligere , eo quod juxta formam , qua conquievit lis inter eos mota , celebrata electione una per monachos , secunda electio ad canonicos devolveretur . sed canonicis talia proponentibus , monachi responderunt , electionem annichilatam ad effectum non pervenisse , nec finem fuisse sortitam per eventum non opinatum , quem ordinatio divina , non sua praemeditatio , quae omnia secundum voluntatem suam dispensat , disposuerat . dixerunt canonici : nolumus vos ignorare , quod placet nobis electus vester , qui etiam ad majorem dignitatem sufficeret ; sed nobis forma displicet eligendi , cum ad nos jure devolvatur electio , non ad vos , & hoc bene per factum nostrum probavimus . elegimus enim nobis decanum nostrum in episcopum & custodem animarum nostrarum . et cum insonuisset tumultus , qui comminaretur damnosam imminere discordiam , decanus vir pius , & discordiam volens terminare , exaltando vocem in publico , ait : sinite , sinite , nescio qua ratione me insufficientem ad onus episcopale ass●mpsistis . cota mente , to●o corde contradico , et cedo : sed quiescat iste tumultus , & adhareamus omnes unanimiter illi bono viro , de quo tanta bona praedicantur hac vice ; salvo tamen jure suae ecclesiae utrobique , miserunt omnes unanimiter , tam canonici quam monachi , ad dictum magistrum nicholaum , significantes , quod omnes qui prius dissidebant , in unum jam convenerant , ipsumque elegerant : suppliciter exorantes , ut honorem , licet onerosum , sibi in domino , & pro domino oblatum , gratanter suscipere dignaretur . quibus magister nicholaus respondit : grates vobis rependo multiplices junctis manibus , vos amici & domini mei , tam canonici quam monachi , in quorum oculis tanti eram , ut me qualem qualem in pastorem vobis elegistis . sed , amici mei , sufficit mea conditio mihi , & me gravat jam commissum onus vehementer , & cura ac custodia ratioque animarum mihi commissarum , sollicitat & perter●et . quiescite igitur , quiescite , fratres charissimi , amplius me in hoc negotio inquietare . dico enim vobis praecise , sive consentiatis , sive non , non adquiesco . quod cognoscentes alii , inito consilio , elegerunt secundum praedictam formam , dominum hugonem de pateshull ( filium praeclari viri domini simonis de pate shull , cujus sapientia aliquando tota anglia regebatur ) canonicum sancti pauli londinensem , & domini regis cancellarium , in episcopum & custodem animarum suarum . ipse vero , ut vir honestus & discretus , habita deliberatione morosa , cogitans de illo apostolico , scilicet : qui bene administrat , bonum gradum sibi adquirit , & alibi : qui episcopatum desiderat , bonum opus desiderat : tandem motus & misertus super ecclesiae desolatione , & lachrymis petentium , laboribus , curis , & expensis , adquievit , ut tristitia eorum in gaudium verteretur . which election was consirmed the year following . † eodem tempore confirmata est electio hugonis de pateshull , electi coventrensis . qui cum thesaurarius domini regis per aliquot annos antea fuisset , & se ibidem irreprehensibiliter habuisset ; sedens ad regis seaccarium , accessit ad omnes barones scaccarii sedentes ibidem , secundum solitum ordinem suum , & cum omnes assurgerent ei , solitum honorem impendentes , ait eis ; amici mei , et socii charissimi , valedico vobis , non recedens unquam a vobis , sed a scaccario : vocavit me dominus , licet indignum , ad regimen animarum . et cum prorupissent in singultus verba sequentia , omnes singulatim os●ulatus est , pro recessu ipsius tenerrime lachrymantes . ( a good president for all bishops , to desert all secular offices and imployments , when called to the cure of souls , sufficient to take up a whole man. ) this year the dean and canons of london , in the bishops absence , presumed to excommunicate the mayor of london and his officers , and to interdict the church of st. paul ; after which the bishop and some other prelates threatned to interdict the whole city of london , only for apprehending ranulphus brito , a canon of st. pauls , in his house near the church , and carrying him prisoner to the tower of london by the kings command , ( being accused of high treason by one william ) unless he were forthwith released , & absolutely discharged , enforcing the king thereby to release him without any conditions , to prevent the cities interdict , much against his will , in high affront of his regal authority and prerogative , a sanctuary extending not to this case , thus chronicled to posterity . b ranulphum quoque britonem , clericum , & ecclesiae sancti pauli londinensis canonicum , qui aliquando domino regi fuerat familiaris , etiam thesaurarius , criminaliter ( willielmus ) accusavit . quem rex , cum haec audisset , capi praecepit per literas suas , quas majori londinensi , scilicet willielmo goimero ( sive girardo bat ) destinavit , & in turri londinensi detrudi compeditum . cui major , c plus quam deo obediens , regia praecepta praecipitanter effectui mandavit . ipsum enim ranulphum a domo sua , quae vicina est ecclesiae sancti pauli , truculenter extraxit , & in turri londinensi vinculis ferreis , quae vulgariter annuli nuncupantur , inclusit mancipatum . quo cognito , decanus londinensis , scilicet magister g. de lucy , cum suis concanonicis ( quia episcopus tunc praesens non fuerat ) sententiam excommunicationis dedit in con●i●enti generalem , in omnes tantae enormitatis praesumptores , ecclesiam sancti pauli supponens interdicto . rex autem admonitus per episcopum , cum errores non correxit , & mala malis comminando cumulasset , episcopus totam civitatem londinensem sibi subjectam , erat interdicto suppositurus : ( such was his daring insolency in this case . ) cum autem parati essent tam archiepiscopus cantuariensis , quam legatus , & episcopus londinensis , & multi alii praelati , manum aggravare , rexdictum ranulphum , licet invitus , solvi , et in pace dimitti praecepit : sed cum voluisset addidisse conditionem , scilicet istam , ut reservaretur , ut eum promptum exponerent , quando placeret ei ipsum accusare : respondit ecclesia , ( such was their undutifull peremptory deportment towards their soveraign , ) quod nullo modo sub hac forma eum quasi incarceratum custodirent , sed absolutum reciperet ecclesia , sicut liberum & absolutum eum in domo sua regii satellites violenter rapuerunt . dimissus est igitur eo modo ranulphus , edoctus experimento , quanta volubilitate aulicos fortuna edomat , ab aula regia se retraxit castigatus . this year , many nobles and others having by the popes bulls and instigation taken up the cross for relief of the christians in the holy land against the sarazens , both in france , england , and elsewhere , when they had provided themselves for that expedition , were suddenly prohibited by the pope , on purpose to imploy all the forces and monies raised for this exploit against the greek church , and the emperor frederick ▪ ( whom he had now re-excommunicated and deposed ) refused to obey the popes countermand , resolving to proceed in this their expedition , as these narratives will inform us , and into what snares thousands were drawn to their undoing by this papal cheat. * per idem tempus congregati sunt nobiles crucesignati franciae & adjacentium provinciarum in civitate nobili , quae dicitur lugdunum , ut ibidem de assumendo itinere suo diligenter contractarent : et dum conciliarentur , ecce ex parte domini papae nuntius destinatus festinanter advenit , qui sicut ante omnes ad proficiscendum urgentet stimulaverat , & stimulando persuasit ; sic vice versa , omnes ne iter arriperent , dissuasit , & ex parte domini sui papae praecepit , ut ad propria propere remearent , & authenticum domini papae super hoc monstravit universis . ad quod unanimiter responderunt : vnde haec in romana curia & in papa multiplicitas ? nonne nobis hic terminus , hic locus per legatos , & papales praedicatores , multo tempore transacto praefixus est ad transitum ? secundum dicta & promissiones praedicatorum ad iter pro deo succingimur ; victualia & arma , & quaeque nobis necessaria , paravimus : terras nostas cum omni supellectili nostra , & domibus , vel impignoravimus , vel vendidimus : amicis nostris valediximus : thesauros nostros in terram sanctam praemisimus : adventum nostrum praenuntiavimus : portui appropinquavimus : & mmc ad negotium crucifixi mpediendum , mutatis verbis , insurgunt pastores nostri ? et non modicum indignati , pene insurrexerunt in nuntium papae , si non praelatorum discretio furorem populi temperasset : who were justly incensed for this gross abuse . nec mora , domini imperatoris nuntii , ne inconsulte & festinanter transirent , sine ducatu & comitatu ipsius imperatoris , diligenter persuaserunt super hoc imperiales illis directas disserentes . in quarum tenore eleganter & sufficienter excusavit dominus imperator sui transitus omissionem . unde crucesignatorum miserabilis facta est conditio . dissipatum est enim consilium eorum , & facti sunt arena sine calce , aut maceria sine caemento . redierunt multi ad propria murmurantes & obloquentes , & aliquorum praelatorum falsas assertiones detestantes . multi vero per maris discrimina intrantes portum marsiliae , versus terram sanctam cum magna desperatione velificarunt : quorum in sicilia multi , majorum adventum praestolantes , tempus eorum expectarunt . multi vero , ex licentia & benevolentia imperatoris , petierunt brundusium . temporibus sub eisdem , dominus papae dedit in mandatis legato , ut distincte prohiberet crucesignatis ( in anglia ) contra propositum terminum a praedicatoribus sibi praefixum , & intentionem & spem suam , quam ex pollicitis praedicantium praeconceperant , ne iter versus terram sanctam arriperent , usque ad vernum tempus , & passagium quod est in martio : sin autem , concessa sibi peccatorum indulgentia non gauderent . hereupon ( in opposition to this popes prohibition and designs ) sub iisdem diebus , in crastino scilicet sancti martini , convenerunt magnates angliae crucesignati apud northampton . de itinere suo in terram sanctam arripiendo contractaturi . et ne per cavillationes romanae ecclesiae honestum votum eorum impediretur , nec ad effusionem sanguinis christiani , vel in graeciam , vel in italiam , prout instillatum in eorum auribus fuerat , distoroueretur , juraverunt omnes , se in terram sanctam in expeditionem ecclesiae sanctae dei illo anno migraturos . quorum primus juravit comes richardus , omnium aliorum primicerius , super altare majus in ecclesia omnium sanctorum , in medio civitatis ; et post eum comes g. marescallus , si possit antea cum rege concordari , idem repetiit sacramentum . cui comes r. non idcirco omittas charissime sororie ; hoc enim onus mihi assumo . post ipsum richardus sward . & post eum henricus de trublevilla ; & deinde nobiles multi , quos longum esset dinumerare . qui omnes uno humero & animo se ad obsequium crucis viriliter accinxetunt . * consuluit autem per epistolas suas dominus imperator universitati crucesignatorum , ( upon a different account from the pope ) quod licet parati essent , & grave illis videretur , patienter tamen expectarent , neciter hicrosolymitanum acciperent , donec quiescente spiritu iracundiae papalis , gaudens eos comitaretur ; quia parata fuit contra eos orientalium ad certamen armatorum infinita multitudo . quod cum alii contempsissent , indignans imperator , prohibuit , ne exercitui francorum victualia de terris suis uberrimis finitimis , apnlia scilicet & cypro , & aliis terris suis venalia ministrarentur , vel sub ulla forma transportarentur . quo audito , saraceni caput extulerunt , & christianis assumpta audacia , damna multa in corporibus & possionibus intulerunt , incendia & strages audacter exercentes . et ad cumulum dolorum , graecia suum antipapam germanum contra romanam ecclesiam erexit : et dominus imperator , sratrem heliam contra papam opposuit , qui summus minister fuit aliquando ordinis minorum , & praedicator nominatissimus , & sic coeperunt mala multiplicari super faciem terrae ; absolvit enim quos dominus papa ligavit anathemate , & generatum est scandalum in ecclesia . illo enim summo procuratore machinante , ecclesia romana super usuris , et simonia , et rapinis variis reddebatur infamis , et filii in privignos convertebantur . asserebat enim ipse praedictus frater helyas , dominum papam contra jura imperii debacchari , pecuniam tantummodo sitire , & variis argumentis extorquere , preces , missas , exhortatiooes , & omnia ( quae solent oppressos a persecutionibus liberare ) non curare ; sicut scriptum est , petrus autem servabatur in carcere , oratio autem fiebat ab ecclesia sine intermissione pro eo . fraudem etiam facere de pecunia collecta ad succursum rerrae sanctae ; scripta etiam ad beneplacitum suum in camera sua clam , & sine fratrum assensu , et etiam vacuas , sed bullatas , multas nuntiis suis tradere , ut in eis quod eis foret beneplacitum scriptitarent , quod erat horribile ; & alia multa enormia imposuit domino papae , ponens os suum in coelo . propter quod dominus papa eundem helyam excommunicavit : instead of refuting , or reforming these injuries , crimes and execrable abuses . soon after richard earl of cornwall , accompanied with many nobles , knights and soldiers , according to their oath , departing out of england , and travelling through france towards the holy land against the popes prohibition , thereupon he sent them a new inhibition . * cum comes r. ad s. aegidium pervenisset , venerunt ad eum unus legatus , & archiepiscopus arelatensis , authoritate domini papae consulentes & inhibentes , ne comes transfretaret . quod cum comes vehementer admirans redarguisset , asserens , se credidisse veritatis firmitatem inesse dictis apostolicis , & suis quos misit praedicatoribus , moleste tulit nimis tales inhibitiones , & dixit : omnia mihi ad transitum praeparavi , valedixi amicis , praemisi thesaurum & arma mea ; naves paravi jam meis victualibus oneratas : & nunc mutato verbo , transfretare cum jam ad mare navem intraturus perveni , prohibet papa , qui dicitur successor et uicarius jesu christi ( qui nunquam verbi sui transgressor fuisse perhibetur ) ne ad servitium christi properem , ad omnia jam accinctus . et cum viderent legati illi , quod transitum suum nequirent impedire , coeperunt persuadere , ut relicto portu marsiliae , intraret mare in portu qui dicitur aquae m●rtuae . quod omnes de exerci●u abhorruerunt , propter loci corruptionem & infirmitatem , & dis●uaderunt . comes igitur ▪ detestans romanae ecclesiae duplicitatem , cum magna mentis amaritudine marsiliam tenebat , spretis legatorum fallacibus et ambiguis sermociuationibus ; & primo ad rokam veniens , ibi classem totam ordinavit & oneravit . misit autem ad imperatorem status sui notitiam , & significavit ei papalem muscipulationem per nuntios sibi speciales , robertum de tuinge militem , & alios . et in septimana infra octavas beatae mariae sese vasto mari navigandum commsit ; and arrived safely in the holy land , where he was received with extraordinary joy , processions , pomp , as well by the prelates and clergy , as of the nobles , soldiers and people , notwithstanding the popes inhibitions which then grew very contemptible , as well as his brutish anathemaes . pope gregory the ninth bearing an inveterat , implacable malice against the emperor frederick the second , ( notwithstanding his * former seeming reconciliation to him ) intending to excommunicate , and depose him from his empire the second time , caused sundry false rumors , as he had formerly done , to be raised and scattered in all places to blast his reputation , as if he were rather an atheist or mahometan , then a real christian ; when as these antichristian slanders , and proceedings against the emperor , demonstrated this pope to be more atheistical and ethnical then frederick , in the judgement of all unprejudiced persons . ejusdem temporis curriculo , fama imperatoris frederici admodum est obfuscata & maculata , ab invidis inimicis & aemulis suis . imponebatur enim ei , quod vacillans , & etiam exorbitans in fide catholica , dixerit quaedam verba , ex quibus elici & suspicari potuit , non tantum fidei catholicae in eo imbecillitas , quin imo , quod gravius & multo pejus est , manifestae & maximae haeresis , & dirissimae blasphemiae enormitas detestanda omnibus fidelibus , & plane execranda . fertur enim eundem fredericum imperatorem dixisse ( licet non sit recitabile ) tres praestigiatores callide & versute , ut dominarentur in mundo , totius populi sibi contemporanei universitatem seduxisse , videlicet moysen , jesum & mahometum . et de sacratissima eucharistia quaedam nefanda & execrabilia deliramenta & blasphemias , impie protulisse . absit , absit , aliquem virum discretum , nedum hominem christianum , in tam furibundam blasphemiam , os & linguam reserasse . dictum etiam fuit ab aemulis suis , ipsum fredericum imperatorem plus consensisse & credidisse in legem mahometi , quam jesu christi ; & quasdam meritriculas saracenas fecisse concubinas . surrepsitque murmur in populum ( quod avertat dominus a tanto principe ) saracenis a multo tempore ipsum fuisse confoederatum , & amicum fuisse plusquam christianorum , & id indiciis multis probare conabantur ipsius aemuli , qui famam suam conabantur obfuscare . si peccabant , vel non , novit ipse qui nihil ignorat . moreover this pope fomented the rebellions of the millanois against the emperor , refusing to aid him in his just wars against them , being much offended with the king of englaend for sending both aid of men and monies to him : whereupon the emperour thus continually affronted by him , marched into italy , seised upon the greatest part of sardinia , surrendred to him anno . as appertaining to the empire ; for which and other pretences , this pope thundred out a new excommunication aganst him ; published in all countries , churches with bell , book and candle , especially in england , absolved all his subjects from their oaths of allegiance , deposed him from his empire , and profered it to the french kings brother ; all which occasioned this emperour for vindicating his own innocency , detecting this popes impiety , rapines , slanders , and antichristian practices , to send abroad several notable letters , and the pope to scatter abroad scandalous libels and answers to them , which because for the most part writen , but all of them sent to the king , bishops and nobles of england , and popes legate there residing , recorded by matthew paris , and pertinent to my general theam , i shall transcribe at large . ipso quoque anno , dum in italia dominus imperator hyemaret , redditae sunt ei opulentis●imae insulae in mari mediterraneo sitae , & civitati pisanae proximae : scilicet sardiniae pars maxima & potissima . cujus insulae jus , ad patrimonium beati petri specialiter pertinere perhibetur . imperator vero , ipsam ad imperium spectare ab antiquo asseruit ; & per occupationes & alia ardua negotia imperialia imperatores ea amisisse ; ipsum ideo eam ad corpus imperii revocasse . ego vero juravi , ait , ut jam novit mundus dispersa imperii revocare : quod non segniter adimpleri procurabo . misit igitur dominus imperator filium suum , ut sibi oblatam reciperet praedictae insulae contra prohibitionem domini papae , portionem . , , , quod cum summa indignatione dominus papa accepit , ex tunc in manifestam consurgens ultionem : jacturam enim magnam reputavit . est enim institorum refugium , naufragorum solatium , profugorum asylum insula sardiniae : quatuor principibus , quos judices vocant , gubernata . jactura est gravis , sed modus jacturae multo gravior , & injuria videbatur : & odium inter eos natum , quasi vulnus inveteratum , saniem generabat . eodem anno , in quadragesima , dominus papa cum vidisset facta imperator is nimis temeraria , & dicta sua peccata suum excusantia , scilicet , quod faventibus quibusdam magnatibus & judicibus sardinicis , terram & castra episcopi sardinici , sibi accepisset & tenuisset , & constanter assereret , ea esse de substantia imperii , seque primo suo et maximo sacramento jura imperii servare pro posse , nec non et dispersa congregare : ira vehementissima commotus contra imperatorem , gravissimas contra eum proponens quaestiones & reponens querimonias , scribens & scribendo constanter & diligenter persuadens , per plures & pluries nuncios solennes ; quorum authoritas meruit exaudiri , ut ablata restitueret , & desineret ecclesiam suis possessionibus viduare , quam constat diuturna temporis praescriptione praedotari . et more prudentis medici , qui nunc fomentis , nunc ferro abscisionis , nunc vero utitur adustione , verba intermiscens blandis comminatoria , terribilibus amicabilia . sed cum imperator procaciter renuisset , & sua facta quibusdam causis apparentibus ratione fultis excusasset , dominus papa tunc praesentibus cardinalibus dominica palmarum , * in spiritu ferventis itacundiae , fredericum dictum imperatorem , ac si jam a culmine imperii dejecissent eum , solenniter excommnnicavit , tradens eum sathanae in interitu terribiliter possidendum . et eisdem verbis utentes , quasi in fremitu furoris intonans , omnes audientes vehementer compulit adterrorem . excommunicamus & anathematizamus ex parte dei omnipotentis , patris & filii , & spiritus sancti , & auctoritate apostolorum petri & pauli , fredericum dictum imperatorem , pro eo quod contra romanam ecclesiam seditionem iniit in urbe , per quod intendebat * romanum pontificem et fratres suos a sua sede repellere , et contra privilegia , dignitates , et honores , apostolicae sedis libertatem , nec non et ecclesiasticam conculcare , contra juramenta , quibus super hoc ecclesiae romanae tenetur , temere veniendo . item excommunicamus & anathematizamus eundem , pro eo quod venerabilem fratrem nostrum episcopum prenestrensem , apostolicae sedis legatum , ne in legatione sua procederet , quam in albigensium partes pro corro boratione catholicae fidei sibi commisimus curam , per quosdam fideles suos mandavit impediri . item , excommunicamus & anathematizamus eundem , pro eo quod non permittit quasdam cathedrales , & quasdam alias vacantes ecclesias in regno ordinari , & hac occasione periclitatur libertas ecclesiae , perit fides , quia * non est qui proponat verbum dei , nec qui regat animas , deficiente pastore . et sunt nomina dictarum ecclesiarum vacantium , cathanensis , reginensis , accriviarensis , squilatensis , resensis , protentinensis , hydrontine●sis , policastrensis , saretinensis , aversanensis , valvensis , molopolitensis , polimane●ensis , melfrensis , rapellensis . monasteria vero sunt ista : v●rnusinum , & sancti salvatoris massanensis . item excommunicamus & anathematizamus eundem , pro eo quod in regno clerici capiuntur et incarcerantur , proscribuntur et occiduntur . item , excommunicamus & anathematizamus eundem , pro eo quod non permittit soranam ecclesiam reparari . item , excommunicamus & anathematizamus eundem , pro eo quod nepotem regis tunicii , venientem ad ecclesiam romanam pro suscipiendo baptismatis sacramento , detinet , nec venire permisit . item , excommunicamus & anathematizamus eundem , pro eo quod petrum saracenum , nobilem civem romanum , ex parte regis angliae ad sedem apostolicam venientem , cepit & detinet carceri mancipatum . item , excommunicamus & anathematizamus eundem , pro eo quod terras ecclesiae , scilicet ferrariam , pingnogomam , bendoniam , f●rrarianensem diocesim & condonensem , lucanensem diocesim , & terram sardiniae occupavit , contra juramentum , quo super hoc ecclesiae tenetur , temere veniendo . item , excommunicamus & anathematizamus eundem , pro eo quod terras quorundam nobilium de regno , quas ecclesia tenebat ad manus suas occupavit & devastavit . item , excommunicamus & anathematizamus eundem , pro eo quod quasdam ecclesias cathedrales , videlicet , mons regalis , cepheladensis , cathanensis , squilatensis , & quaedam monasteria , videlicet millitensis , sanctae eufemiae terrae majoris , & sancti johannis in lamis , bonis suis spoliavit . item , excommunicamus & anathematizamus eundem , pro eo quod multae ecclesiae cathedrales , & aliae ecclesiae & monasteria de regno , per iniquam de inquisitionem fuerunt fere bonis omnibus spoliata . item , excommunicamus & anathematizamus eundem , pro eo quod in regno templarii & hospitalarii mobilibus & immobilibus spoliati , non sunt juxta tenorem pacis integre restituti . item , excommunicamus & anathematizamus eundem , pro eo quod talliae & exactiones contra formam pacis , ab ecclesiis & monasteriis pro ipso extorquentur in regno . item , excommunicamus & anathematizamus eundem , pro eo quod in regno ecclesiarum praelati & abbates cisterciensis & aliorum ordinum , compelluntur per singulos menses dare certam summam pecuniae pro constructione castrorum novorum . item , excommunicamus & anathematizamus eundem , quod contra tenorem pacis , hi qui adhaeserunt ecclesiae bonis omnibus spoliati exulari coguntur , tanquam proscripti , uxoribus & liberis captivati . item , excommunicamus & anathematizamus eundem , pro eo quod per ipsum impeditur negotium terrae sanctae , & reparatio imperii romani . omnes autem qui juramento fidelitatis ei tenentur astricti , ab ejusdem observatione juramenti decernimus absolutos , ne sibi fidelitatem observent , districtius inhibentes , quam diu fuerit vinculo excommunicationis astrictus . super oppressionibus & aliis gravaminibus nobilium , pauperum , viduarum , orphanorum , & aliorum de regno , pro quibus idem fredericus alias juravit stare mandatis ecclesiae ipsum intendimus amovere , & in ipso negotio , dante domino , procedemus sicut justum fuerit procedendum . porro , pro omnibus & singulis supradictis , pro quibus dictus fredericus a nobis diligenter fuit admonitus , & frequenter , nec parere curavit , eundem fredericum excommunicationis et anathematis vinculo innodamus . caeterum , quia idem fredericus , de dictis factis fuit , multis clamantibus , per universum quasi orbem , quod catholica fide recta non sentiat , est graviter diffamatus : nos , dante domino , super hoc loco suo & tempore procedemus , secundum quod in talibuś requirit ordo juris . quam sententiam cum suis causis in cunctis regionibus per universos praelatos , in singulis ecclesiis sibi subjectis cum solemnitate , pulsatis campanis & candelis accensis praecepit dominus papa promulgendam . his auditis , dominus imperator in iram excanduit vehementem , exprobrando & multoties recitando , imponendoque ecclesiae & ejus rectoribus , quod omnes sibi essent ingrati , rependentes mala pro bonis : recolens quod fluctibus marinis & mille generibus periculorum se suaque , pro promotione ecclesiae , & catholicae fidei incremento , opposuisset . et quicquid habet honoris ecclesia in terra sancta , ejus labore & industriae affirmavit adquisitum . * sed papa invidens , quod per adquisitionem alicujus laici , ecclesia tam foelix sentiret incrementum , qui tantum aurum & argentum magis quam fidei augmentum , testantibus operibus , cupiens , mihi paravit supplantationem , & ab omni christianitate pecuniam extorquens , scilicet decimam partem , toto nisu suo , ut me deo militantem & exponentem corpus telis , infirmitati , hostium insidiis , prius fluctuum saevientium nullis parcentibus periculis , elaboravit ut me exhaeredaret . ecce quale praesidium patris nostri ! ecce quale praesidium in pressuris vicarii jesu christi ! nec adhuc sufficit furor persequentis . erexit enim contra me * johannem de bresne , aliquando regem hierosolymitanum , quem novit in bello strenuum , & in militari d●sciplina peritissimum , & meum validum fuisse inimicum , in confusionem meam & subversionem mei , talia certe non verentis . ditavit etiam ipsum pecunia non minima , quam a pauperibus praelatis ecclesiarum , per orbem extorserat impudenter . audiens autem talia per fideles meos , quot suspiria , quas lachrymas dolor iste generavit in corde meo , non est facile denodare : sed novit , qui nil ignorat . sed caelans praecord●alem dolorem sub sereno vultu festinanter , ne forte id cognoscentes inimici , superbirent exultantes , & fierent nobis graviores , caepi tractare de pace , & captis treug●s , reditum maturavi . et cum repatriassem , inveni terram meam a papalibus parentibus et assimbus occupatam , quorum dux fuit praed●ctus johannes de bresne , & capitaneus : quos deo vindice comprehendi , & juxta merita eorum , qui crucifixi negotium impediverunt , puniendo recompensavi . judicet deus inter me militem suum , & papam ipsius vicarium . novit enim christus , novit & mundus , quod a veritatis tramite non exorbito . ecce radix odii , & seminarium . et factum est schisma in populo . et redintegratum est per praesentiam domini naturalis , scilicet imperatoris , robur imperii in temporis brevitate . the monks of mount cassini excommunicating the emperor in obedience to the pope , he thereupon by a stratagem seised upon their castle and monastery , being an impregnable fort , and turned them out of it ; who thereupon repaired to the pope , complaining of this pretended injury , who gave them good words , but no other releif , for their obedience to him , but rebellion against their soveraign . eodem anno venerunt monachi montis cassini ( ubi sanctus benedictus mansionem sibi elegit monasticam ) ad papam , in vestibus laceratis & veteribus : erant autem xiij . scilicet conventus , & erant incompositi comis & barbis , & vultu lachrymabiles . et introeuntes ad papam , ceciderunt ante pedes ejus , conquerentes , quod imperator ejecisset eos à mansione sua , scilicet monte cassino . erat autem mons ille inexpugnabilis , imo inaccessibilisalicui , nisi ex voluntate monachorum & aliorum inhabitantium in eo : nisi tantummodo quod r. g. per excogitationem , qua se mortuum simulavit , in feretro in illum delatus , castra monachorum subito occupavit . quod cum papa audisset , dolorem conceptum dissimulans , causam quaesivit . cui monachi responderunt : quia obedientes vobis , dominum imperatorem excommunicavimus . quibus papa : obedientia vestra salvabit vos ; ( contrary to st. pauls and st. peters doctrine in this case , rom. . , to . tit. . . pet. . , , . ) et abierunt monachi , plus a papa non accipientes . eodem tempore , cuidam monacho cisterciensi apparuit manus candida , scribens in corporali haec verba . cedrus alta libani succidetur . mars praevalebit saturno & jovi . saturnus vero in omnibus insidiabitur jovi . erit unus deus , id est , monarcha . secundus deus adiit . filii israel liberabuntur à captivitate infra undecim annos . gens qu●dam sine copite reputata , vagans veniet . vae clero , viget ordo novus , si ceciderit : vae ecclesiae fidei , legum , et regnorum . mutationes erunt , & tota terra saracenorum subvertetur . scripsit eodem anno dominus imperator senatoribus & populo romano , asseruit , quod quamplurimum admirabatur super hoc , quod permiserunt ipsum praecipuum principem principum , in urbe excommunicari . scripsit etiam epistolas elegantes & prolixas cardinalibus , & omnibus magnatibus christianis , praecipue tamen regi henrico , & fratri suo richardo comiti cornubiae , sororiis suis , se in multis excusans rationibus , & dominum papam multipliciter accusans , & asserens , quod cum esset per omnia juri parere promptus & paratus , & legatos solennes haec oblaturos destinasset , papa haec praesciens , praecipitanter ante adventum legatorum in ipsum ex industria sententiam fulminavit . per idem tempus , scripsit dominus papa , cantuar. & ebor. archiepiscopis prolixam nimis epistolam , conquerens graviter de enormitate imperatoris , imponens ei crimen haeresis . scripsit autem tam legato , quam dictis archiepiscopis , ut ipsam epistolam , per omnes suae ditioni vel legationi terras spectantes , publicarent ; addens , quod ipse fredericus , dictus imperator , jam dotes ecclesiae hostiliter invadens , eas sibi ausu temerario manciparet , tanquam ecclesiae manifestus inimicus . diebus autem illis , in ecclesia sancti pauli londinensis denuntiatus est excommunicatus fredericus dictus imperator , ex praecepto papae . similiter per totum episcopatum londinensem , & postea per totum regnum . nec erat qui contradiceret , vel clypeum contradictionis opponeret : licet rex honestam causam haberet , prae caeteris mundi principibus , contradicendi , propter foedus propinquae affinitatis . such was the cowardice , unworthinesse , and more then slavish servitude both of the king , bishops , nobles in that age to this pope , whom they durst not strenuously to oppose even in this just cause , neither in england nor rome it self . upon consideration whereof : * eodem tempore , dominus imperator , admirans quod robur romanorum nimis enervatum , a constantia suae subjectionis debitae & fidelitatis tam fiducialiter promissae recalcitravit , permittendo in eundem imperatorem , dominum suum naturalem , sententiam excommunicationis inferri in civitate : tam curiae romanae cardinalibus , quam senatori urbis & romanis , ex intimo cordis , tacto dolore praecordiali , scripsit in haec verba . fredericvs dei gratia romanorum imperator , semper augustus , hierusalem & siciliae rex , senatori urbis , & suis conromanis , salutem . cum roma sit caput nostri et auctrix imperii , et romanus imperator a romae vocabulo nuncupetur , ut sibi nostri nominis et honoris processus et auspicia debeamus : in admirationem vehementem rapimur , si ubi nostri promovendus est honor , et injuria repellenda , inter eos qui tenentur & debent pro culmine nostro se murum defensionis opponere insurgentibus ex adverso , ipsis audientibus & dissimulantibus contrarium patiamur . propter quod graviter dolore compellimur , quia romanus antistes contra romanum principem , id quod alibi non auderet , sicut dicitur , in urbe praesumpsit : et romanum imperatorem , auctorem urbis , et venefactorem populi romanorum , ipsis non resistentibus , impie blasphemavit . ut benefactorum nostrorum tam proceres quam populum romanum , quibus specialiter & communiter studuimus liberali & spontanea munificentia providere , ac eorum intendimus continuatis augmentis , recte vocemus immemores extitisse , ac inerti somno detentos , ut de tribulo mallea vir non esset de tot proceribus & turba quiritum , vel unus de tot romani populi millibus , qui pro nobis exurgeret , verbum unicum loqueretur , qui nostrae injuriae condoleret : cum nos urbem antiquis triumphorum titulis insignitam , novis nostrae victoriae successibus honoremus , & ad reformandum romanum nomen , sicut in diebus antiquis , & exaltandum romans statum imperii , continuis laboribus intendamus . quapropter necessario ducimur ▪ requirere vos , instanter monere , pariter & exhortari , quatenus si omissum est aliqua negligentia vel torpore , nunc instanter ostendere debeatis , inducentes alios monitis & exemplo : ut omnes & singuli prompta voluntate consurgant ad nostram & communem injuriam ulciscendam . quia cum idem blasphemator noster , ausus alibi non fuisset in nostri nominis blasphemiam prorupisse , de tanta praesumptione gloriari non posset , quod volentibus & nolentibus romanis contra nos talia perpetrasset , cum potius id posset vestrae ingratitudini reputari , si quod ante factum fuit , impedire laudabiliter potuistis , ex post facto nostram & vestram injuriam , postponatis inultam . nam cum alterutrum teneamur , et nos romanum honorem et romanos defendere , nomen nostrum , si ad hoc vos et eos negligentes invenerimus , cum nullus timor nos coegerit ad beneficia romanorum , sed gratia induxerit specialis , per ingratitudinem istam licet prorsus inviti cogamur , ab universis exhibitam gratiam revocare . datum tervisii , mensis aprilis die xx . idem autem dominus imperator fredericus , cardinalibus paulo ante praescripserat , & eosdem romanos in parte movit : sed nune postremo commovit vehementius . scripsit in haec verba cardinalibus . fredericvs dei gratia romanorum imperator semper augustus , hierusalem & siciliae rex , universis sacrosanctae romanae ecclesiae cardinalibus , dilectis amicis suis , salutem , & sincerae dilectionis affectum . cum sit christus caput ecclesiae , ( not the pope ) & in petri vocabulo suam fundaverit ecclesiam supra petram , vos apostolorum statuit successores , ut petro pro omnibus ministrante , vos qui estis candelabra ecclesiae , super montem , non sub modio constituta , revera omnibus qui sunt in domo effectu bonorum operum luceatis , nec a publica mundi lingua ex conscientia generali vos subtrahere intendatis , cum ad singula quae praesidens sedi petr proponit statuens , vel denuncianda decrevit , aequa participatio vos admittit : nisi praevius religionis ecclesiae status , & zelus effervescens evitandi scandali generalis , vobis cautelam suggesserit ad futura . quis enim non miretur & stupeat , quod tot venerabilium patrum congregatione munitae ecclesiae generali , sedens in solio ( & utinam ●ustus judex ) velit inconsulte procedere , ac suis motibus excandescens , in romanum tendit principem , advocatum ecclesiae , ac ad praedicationem evangelii stabilitum , ob favorem lombardorum rebellium , exercere gladium spiritualem , si dicere liceat , minus juste , cum alias quicquid ex objectis ecclesiarum gravaminibus , quae dicuntur , objiciat , quantumve species per individua detinentur , vel emendationem reciperint , vel ex deliberata nostri provisione consilii sit in proximo , prout jussio jam praecessit debita , & integra emendatio secutura . nam ecce per patentes literas praelatorum , quos mandatum apostolicum praestitit monitores , ejusdem testimonium declaratur : & praecedens nostra constitutio super revocatione praelatorum damna passorum , & de praestanda integra satisfactione praelatis , jam per literas venerabilis archiepiscopi messanensis , vocato ad hoc assessori nostro transmissas , evidens exhibet testimonium veritati . propter quod non indigne dolemus , si pater apostolicus offendere tam graviter nos intendat . unde dum in constantem virum tam vehemens cadit injuria , etsi patienter ferre velimus , immanitas negotii non permittit , quin ad ultiones quibus caesares uti solent , facti violentia nos impellat . veruntamen dum consideramus impatientiam procedentis , & difficultatem attendimus defensoris , si ex aequo liceret privatas exercere vindictas , quas in hominem per quem scandalum venit , & in sui participes sanguinis compensare possemus , & in ipsum & suos attemptata sedis injuria redundaret , tolerabilius duceremus . sed cum nec ipse , nec tota propter hoc sua passura progenies , tanti forent , ut culmen imperii zelaret ultionem ipsorum , cumque sedis authoritas audaciae sibi froena relaxet , et tot venerabilium fratrum moles eum in concepta fovere pertinacia videatur , angit nos altiori mente turbatio , quod dum nos intendamus a persequente defendere , oporteat nos defendendo gravius offendere resistentes : salva in omnibus ecclesiae sanctitate , quam cultu sacro et debita reverentia veneramur . quapropter venerabilem coetum vestrum affectuosius deprecamur , quatenus motus summi pontificis , quos ex causis evidentibus non tam justos quam voluntarios mundus agnoscit , ex deliberata modestia compescatis : generali statui et praesenti quieti mentium , a scandalis providentes . nam cum ad salutem omnium vestrum favorabiliter alligemur , ab injuriatorum offensa non poterimus aequanimiter abstinere : quin etsi obstare principiis non possimus , licite debeat injurias , quas revocare non possumus , injuriis propulsare . datum podonii , decima die martii , undecima indictione . these new feuds between the emperor and pope , caused many persons to forge or renew old prophecies , which they applyed to those times , and pasquils to be published by both parties , against each other , as well as letters , and these in particular besides others . et tunc temporis quaedam scripta , quae videbantur futurorum esse prognostica , propter imminentia pericula , & discordiam ortam inter tam graves personas , quibus non sunt majores , imo nec pares , ad memoriam sunt redacta , & recenter recitata . quorum unum est hoc sequens . excitabitur roma contra romanum , & romanus substitutus romam romano imminuet . alleviabuntur virgae pastorum , & solatium eorum erit in otio . turbabuntur seduli , & orabunt : & in lachrymis multorum erit requies . humilis alludet furibundo , & furor extinguens palpabitur . novus grex serpet ad cumulum , & qui intitulantur in veteri , tenui cibo cibabuntur . frustrata est spes sperantium , & requiescit solatium , in quo parat fiduciam . qui in tenebris ambularunt , ad lucem redibunt . et quae erant divisa & dispersa , consolidabuntur . non modica nubes incipiet pluere : quia natus est immutator saeculi . leoni substituetur agnus : et agni in leones depraedabuntur . surget furor contra simplicem , & simplicitas attenuata spirabit . decor convertetur in dedecus , & gaudium multorum erit luctus . haec dicta anno gratiae m. c. xix . jam instare intellectas comminationes in scripto dicebantur . aliud scriptum , quod videtur procurasse imperator , fertur tamen pro vero , quod inventi sunt hi versiculi in cubiculo papae scripti , modus autem & auctor penitus ignoratur : fata docent , stellaeque monent , avium que volatus , totius mundi malleus unus erit . roma diu titubans , variis erroribus acta , totius mundi desinet esse caput . quos versus cum dominus imperator , & alii multi interpretabantur in interitum & desolationem papae & romanae curiae redundasse , papa in eundem imperatorem hos versiculos retorquebat : fama refert , scriptura docet , peccata loquuntur , quod tua vita brevis , poena perennis erit . videns autem dominus imperator famam suam in hac tempestate periclitari , ut innocentiam suam manifestaret , procuravit ut nuntii ipsi , qui magnae authoritatis viri fuerant & solemnes , scriberent domino papae , ostendendo suam & imperatoris innocentiam ac justitiam . wherein all the crimes objected against him in the popes bull of excommunication , are particularly answered or excused one after another . sanctissimo patri in christo gregorio dei gratia summo pontifici , sui devoti herbipolensis , wormaciensis , vercellensis , & parmensis episcopi , humilem sui commendationem & reverentiam tam debitam quam devotam . cum omni reverentia & devotione recipimus literas apostolicae sanctitatis , per quas missi fuimus admonere dominum nostrum romanum principem , super quibusdam capitibus , quae missa sunt eisdem literis interclusa . nos autem ex obedientiae debito , quo tenemur ad tantum debitum , haesitantes tamen , si monita nostra patienter acciperet , reverenter & devote pervenimus , & expositis singulis , quae capitula continebant , ac vestrarum per eum habita copia literarum , faciente domino , qui gerit ac dirigit quo voluerit corda regum , in admirabili devotione & insperata humilitate se monitis nostris pronum exhibuit , inclinata imperialis audientia dignitatis . ita quod nobis existentibus coram eo , praesentibus quoque venerabilibus panormitanensis , messanensis archiepiscopis , cremonensis , laudensis , navariensis , & mutinensis episcopis , & abbate sancti vincentii , convocatis etiam quampluribus ex fratribus ordinis praedicatorum & minorum , respondit ad singula quae proposuimus seriatim , prout in sequentibus distincte ac plenarie continetur , sicut dominationi vestrae responsionem ipsius juxta seriem capitulorum expositam , secundum apostolicam jussionem , sub fido testimonio tenore praesentium declaramus . proposito ecclesiae : montis regalis , cephaludensis , cathaniensis , & squillatensis ecclesiae , milletensis , sanctae eufemiae terrae majoris , & sancti johannis in lamis , monasteria sunt spoliata fere omnibus bonis suis . item , omnes fere cathedrales & aliae ecclesiae ac monasteria , sunt per iniquam inquisitionem , fere omnibus hominibus suis spoliata . responsio imperialis : super gravaminibus ecclesiarum , quae indeterminate ponuntur , quaedam ignoranter commissa , corrigi jussa sunt , sine morae dispendio : quaedam vero jam correcta , sicut est in evidenti , de fideli & industrio nuncio nostro , ad hoc specialiter destinato : videlicet magistro willielmo de tocto , notario nostro : qui etiam jussus est transire per romanam curiam , & consulto venerabili messanensi archiepiscopo , juxta consilium suum procedere , ad revocationem eorum , quae inveniret notabiliter facta . sic quod in ingressu regni , circa fines illos invenit quaedam , quae tenebantur per quosdam de familia imperiali , quibus non pepercit , sed eos statim destituit , restituens destitutos : cum tamen habuerit in mandatis , quod ab imperiali fisco etiam revocaret , si qua inveniret illicite deprehensa . sic quod fama eorum quae gesserat perveniente ad curiam romanam , dominus papa dicitur approbasse mittentis providentiam , & diligentiam missi . qui cum regnum in diversas provincias sit divisum , nondum potuit omnes peragrasse , ut quae corrigenda invenerit , corrigantur . item , de ecclesia montis regalis . r. quod nullum gravamen habuit per dominum imperatorem , nisi velit notari de saracenis , qui occupaverunt bona ecclesiae per bellum , qui nec dominum imperatorem , nec ecclesiam recognoscebant , nec in aliquo pro posse suo pepercerunt : imo destruxerant & depraedati fuerant eam , usque ad muros ecclesiae , & alicui de sicilia non parcebant : ita ut in partibus illis nullus vel rarus christicola remansisset . hos re vera fatetur dominus imperator exterminasse de sicilia , cum multis laboribus & expensis : si reputant in hoc gravamen ecclesiae , alias nescit quod unquam gravasset illam , nec vult gravare . item , idem dicit de ecclesia cephalensi , nisi forte tangatur de castro cephalensi , quod velut munitissimam arcem supra mare , & stantem in marchia saracenorum , tenuerunt semper reges siciliae , & bonae memoriae innocentius papa mandavit legato suo , tunc temporis pro servitio nostro in sicilia existenti , ut illud reciperet ab episcopo , ad cujus manus per turbationem venerat , & non de jure , & quod legatus tempore pueritiae nostrae faceret teneri & custodiri pro nobis , nec episcopo , nec praesenti restituitur , nec de jure restitui debet , quia non habet jus in re : & alias , quod falsarius , homicida , proditor , & schismaticus , publico testimonio comprobatur ; quare si etiam haberet jus in re , quod absit , restitui non tenetur . item , idem de cathanensi ecclesia : nisi forte tangatur de hominibus demanii domini imperatoris , qui temporibus belli , propter locum securum & fertilem se cathaniam contulerunt . hos fatetur imperator se ad demania sua revocasse , secundum formam generalis constitutionis regni , per quam etiam comites & barones , & omnes de regno homines , de demaniis revocant , ubicumque eos invenerint : sive in terris ecclesiarum , sive in civitatibus ipsius imperatoris . nihilominus tamen super his forma statuta est , & meta temporis posita , ad requisitionem summi pontificis acceptata , prout constat ex literis testimonialibus patriarchae antiochensis , & panormitanensis , & messanensis archiepiscoporum . item , quod cum ecclesia miletensis & sanctae eufemiae , cum abbate & monachis terrae majoris , permutatio congrua facta sit de voluntate praelatorum ipsorum & conventuum , secundum formam juris , & ipsi hodie res tenent & possident permutatas . tassale vero sancti severii , quod non erat in totum abbatis terrae majoris aconensis , ibi quaedam jura habebat quae tenebat in feudum ab ipso imperatore , per judicium fuit juste destructum , quia homines illius loci tempore perturbationis occiderunt paulum de longotham bajulum imperatoris , & armenta imperialia diripuerunt : & nihilominus , ut dictum est , permutatio data est abbati & conventui pro parte sua , & hodie tenent . locus lamae cinctus est per sententiam ab abbate sancti johannis rotundi : qui de eo , velut de re feudali , potuit & debuit secundum jus civile & canonicum , in imperiali curia conveniri . propositio ecclesiae : templarii & hospitalarii bonis mobilibus & immobilibus spoliati , juxta tenorem pacis non sunt integre restituti . responsio imperialis . a templariis & hospitalariis verum est , quod per judicium & per antiquam constitutionem regni siciliae , revocata sunt feudalia , & burgasatica , quae habuerant per concessionem invasorum regni : quibus equos , arma , victualia , & vinum , & omnia necessaria ministrabant abunde , quando infestabant imperatorem , & imperatori , tunc regi pupillo , & destituto , omne omnino subsidium denegabant . alia tamen feudalia , & burgasatica dimissa sunt eis , qualitercumque ea adquisierunt & tenuerunt ante mortem regis willielmi secundi : seu de quibus haberent concessionem alicujus antecessorum suorum . nonnulla vero burgasatica quae emerunt , revocata sunt ab eis , secundum formam antiquae constitutionis regni siciliae , quod nihil potest eis sine consensu principis de burgasaticis inter vivos concedi , vel in ultima voluntate legari , quin post annum , mensem , septimanam , & diem , aliis burgensibus saecularibus vendere & concedere teneantur . et hoc propterea fuit ab antiquo statutum , quia si libere eis & perpetuo burgasatica liceret emere sive accipere , modico tempore totum regnum siciliae ( quod inter regiones mundi sibi habilius reputarent ) emerent , & adquirerent : & haec eadem constitutio obtinet ultra mare . propositio ecclesiae : item , quod non permittit cathedrales & alias vacantes ecclesias ordinari , & hac occasione periclitatur libertas ecclesiae , perit fides : quia non est qui proponit verbum dei , nec qui regat animas , deficiente pastore . responsio imperialis . cathedrales & alias vacantes ecclesias ▪ dominus imperator libenter vult , & desiderat ordinari , salvis privilegiis & dignitatibus , quae praedecessores sui reges usque ad sua tempora habuerunt , & quibus ipse modestius , quam praedecessores sui hactenus usi sunt : nec contra ordinationem ecclesiarum unquam fuit . propositio ecclesiae : de talliis & exactionibus contra formam pacis ab ecclesiis & monasteriis extorquentur . responsio imperialis . talliae & collectae clericis & persoms ecclesiasticis , non pro ecclesiasticis rebus , sed pro feudalibus & patrimoniasibus imponuntur ; * secundum quod est jus commune , & obtinet ubique per orbem . propositio ecclesiae : de hoc quod praelati non audent procedere contra usurarios occasione constitutionis imperialis . responsio imperialis . apparet generalis & nova constitutio contra usurarios edita per imperatorem , per quam in omnibus bonis eorum publice condemnantur , & lecta est coram praelatis , per quam etiam non interciditur praelatis audacia procedendi . propositio ecclesiae : quod clerici capiuntur , incarcerantur , proscribuntur , & occiduntur . responsio imperialis . de captis & incarceratis nihil novit , nisi quod per officiales imperatoris aliqui capti sunt , assignandi juxta qualitatem excessuum judicio praelatorum de proscriptis vero novit , quod objecto quibusdam crimine laesae majestatis , aliqui de regno sunt proscripti . novit etiam de occisis , quod propter impunitatem clericorum & monachorum , venusina ecclesia gemit obitum praelati sui , a suo monacho interfecti : & in ecclesia sancti vincentii , monachus monachum interfecit : nec est inde aliqua vindicta sive poena canonica subsecuta . propositio ecclesiae : de ecclesiis domino consecratis , quae prophanantur & destruuntur . responsio imperialis . nihil omnino scitur , nisi forte dicatur de ecclesia luceriae , quae propter diutinam vetustatem per se dicitur corruisse , & quam imperator , nedum quod re-aedificari permittat , imo paratus est ad honorem dei & ecclesiae , de suo pro re-aedificatione ejusdem episcopum congrue adjuvare . propositio ecclesiae : quod non permittit reparari soranam ecclesiam . responsio imperialis . soranam ecclesiam solam aedificari permittit , sed civitatem non : àd minus diebus suis , quae judicio est destructa . propositio ecclesiae : quod contra tenorem pacis , hi qui adhaeserunt ecclesiae tempore turbationis , bonis omnibus spoliati , exulare coguntur . responsio imperialis ▪ adhaerentes domino papae tempore turbationis contra dominum imperatorem , secure in regno morantur : nisi forte qui officia & jurisdictiones exercuerunt , metu ponendi rationem , vel aliqui , ne causis civilibus vel criminalibus conveniantur , morantur extra regnum : de quibus vult dominus imperator , quod secure redeant , si sibi & aliis conquerentibus ( non tamen de eo , vel ejus occasione , quod ecclesiae adhaeserunt ) velint facere rationem . sed cum de forma pacis tractatur , recordatur quod dominus papa contra eam & contra opinionem fere omnium fratrum , detinet civitatem castellae . pro qua detinenda , in praejudicium imperii , recepit pecuniam , existente domino imperatore pro servitio ejus contra romanos , & expendente proinde ultra centum millia marcarum argenti : adeo quod magnum commodum inde est ecclesia consecuta , tam de terra romanis ablata , & sibi restituta , quam de libertate ecclesiastica , reformata in urbe , occasione servitii supradicti . propositio ecclesiae : de nepote regis tunicii , quem non permisit venire ad apostolicam sedem , ad suscipiendum baptismi sacramentum , sed captivum detinet . responsio imperialis . quod nepos regis tunicii , non ut baptizaretur , sed ut aufugeret mortem , quam praeminabatur patruus suus , de barbaria fugit in siciliam . non tenetur captivus , sed liber per appuliam vadit : & diligenter quaesitus , si baptizari velit , omnino negat . si tamen vult baptizari , dominus imperator acceptat & gaudet , prout super hoc respondit alias panormitanensi & messanensi archiepiscopis . propositio ecclesiae : de petro saraceno , fideli ecclesiae , quem tenet captivum , in injuriam ecclesiae : & fratre jordane , qui tenetur captivus . responsio imperialis . petrus saracenus , tanquam inimicus domini imperatoris , & detractor ejus , tam in urbe quam alibi , captus per eum . item , non in negotium regis anglorum venit , sed tantum literas ipsius attulit : ut si forte caperetur , capto parceremus , attentius supplicantes . quibus non obtemperavimus , quia rex nescivit , quas mihi paravit insidias . de fratre jordane , quod ipsum nec cepit , nec capi mandavit : quamvis eum in sermonibus diffamaverat . sed quia videtur a quibusdam fidelibus suis , qui norunt mores & versutias ejusdem fratris , quod status & mora ejus , si fieret in marchia tervisii , & lombardia , suspecta forent & nociva domino imperatori : praestita satisdatione , quod in marchia vel lombardia remanere vel morari non debeat , ipsum liberari mandabat , & assignari eum jussisset domino messanensi archiepiscopo : si dictum fratrem in praedictum modum , super se recipere voluisset . propositio ecclesiae : de eo quod ipse seditionem movit in urbe contra ecclesiam , per quam intendebat romanum pontificem & fratres suos à sua sede repellere , & contra privilegia , dignitates , & honores apostolicae sedis , libertatem ecclesiasticam conculcare . responsio imperialis . seditio mota in urbe contra ecclesiam per dominum imperatorem , negatur . sed cum ipse habeat fideles suos in urbe , sicut praedecessores sui , tam romani principes , quam reges siciliae , soliti sunt habere , quia senatores aliquando electi per potentiam adversariorum , eos offendere contendebant , astabat defensioni eorum : sicut astaret quoties in similibus expediret . cessante vero causa , videlicet quod alius senator communiter electus fuit , cessavit turbatio supradicta : prout constat de rei evidentia , ex testimonio panormitanensis & messanensis archiepiscoporum . propositio ecclesiae : de eo quod mandavit quibusdamfidelibus suis , ut episcopus praenestinus , apostolicae sedis legatus , detineretur . responsio imperialis . super mandato detentionis episcopi praenestini , respondit , quod nunquam mandavit , nec etiam id somniavit dominus imperator : quanquam de eo id juste facere potu●sset , tanquam de inimico suo . qui , licet missus per dominum papam , tanquam vir religiosus , tamen de mandato domini papae , ut ipse dixit , lombardiam pro magna parte contra dominum imperatorem callide & perniciose subvertit , & lombardos contra ipsum in quantum potuit , animavit . propositio ecclesiae : quod per eum impeditur negotium terrae sanctae , occasione discordiae quam habet cum quibusdam lombardis : cum parata sit ecclesia dare opem & operam efficacem , ut sibi & honori imperii , super hiis , quae commissa sunt contra eum à lombardis , congrue satisfiat : & lombardi etiam ad hoc ipsum sint praeparati : moneatur super his omnibus , & responsum ejus significetur nobis . responsio imperialis . super negotio lombardiae dixit dominus imperator , quod illud multoties commisit ecclesiae , nec inde est aliquod commodum assequutus : nisi quod prima vice , condemnati sunt lombardi in quadringentis militibus : quos dominus papa tali modo fecit ei solvi , quod ipsos contra ipsum imperatorem misit in regnum . secunda vice , condemnati sunt in quingentis militibus , quos non imperatori , contra quem commissa erat injuria , sed sub protectione & ad requisitionem domini papae & ecclesiae , quae offensa non erat , ultra mare transmitti pronunciavit , quod etiam nunquam factum fuit . tertia vice , ad requisitionem cardinalium , scilicet quondam episcopi sabinensis , & magistri petri de capua , plene sicut dominus papa dictavit , commissum fuit dictum negotium ecclesiae , nec unquam postea de hoc fuit verbum : nisi quando dominus papa novit , quod imperator , postquam ei toties fuerat illusum , descendere cum exercitu a germania in italiam fe parabat , & tunc instanter petiit denuo negotium sibi committi : & dominus imperator , licet in eadem commissione naufragium saepe expertus fuisset , voluit tamen sibi committere ad certum diem & sub conditione , quod ad honorem suum & commodum imperii firmaretur . quam conditionem dominus papa , prout per literas suas constat , admittere noluit : quanquam ad praesens per literas suas dicat , quod ecclesia negotium ipsum , salvo jure & honore imperii , fuisset diffinire parata . et ex hoc patet , quod literae ipsae sibi invicem manifestissime contradicant . et ne praetendatur , quod in praejudicium terrae sanctae , velit dominus imperator jura imperii in italiam restaurare , qualiter dominus imperator negotium terrae sanctae assumpserit , nec duxerit negligendum , apparet per literas suas responsales regibus orbis & crucesignatis in francia scriptas , qui ipsum in dominum & rectorem exercitus elegerunt : per quas etiam respondit insuper eisdem , quod negotium ipsum de consilio ecclesiae , tractare volebat . denique tamen super omnibus gravaminibus ecclesiarum corrigendis , notarius domini imperatoris in specialem nuntium , sicut superius est propositum , est transmissus . addidit praeterea imperialis responsio , quod id quod enormius est , & in admirationem & stuporem omnium audientium verti debet , post recessum supramemoratorum panormitanensis & messanensis archiepiscoporum , quibus dominus papa ecclesiae gratiam pro domino imperatore promisit , & quod voluit unum & idem esse cum eo , domino imperatore , prout decuit , non modice hoc attentante , postquam sufficienter fuerat eis ad quaedam capitula nussa per eos , responsum , prout in eorum attestatione consistit , post ●ergum & in confusionem eorundem archiepiscoporum , eis omnino nescientibus , missae sunt literae istae & capitula interclusa praelatis , quae licet speciem admonitionis contineant , sugillationem tamen imperialis famae continent manifeste . ultimo , generale verbum respondit & proposuit dominus imperator , quod cum ipse diu fuerit absens a regno , & regni statum ignore● , quicquid unquam in gravamine ecclesiarum factum est , quod remaneat emendandum , integre & sine difficultate aliqua id emendari mandabit . et nihilominus , propter umversale bonum , quod ex unione inter ipsum & ecclesiam provenit , paratus est omnem prorsus securitatem , quae ecclesiam & ipsum imperium deceat , praestare ecclesiae : quod ad honorem & exaltationem fidei christianae , & ad honorem & libertatem ecclesiasticam conservandum , sit unum & idem cum ecclesia , viribus & potentia sua ad hoc ex toto conversis . datum , &c. haec postquam domino papae intimata sunt , in vehementem iracundiam exarsit . et seipsum justificans , omnia haec praedicta pro frivolis habuit & inutilibus sermocinationibus , & sprevit quasi commenta contraria veritati . scribens igitur principibus & magnatibus totius christianitatis , tam laicis personis quam ecclesiasticis , absolvit quot quot eidem frederico fidelitate tenebantur , ut non ei tenetentur quasi domino obedire . fecit etiam per omnes terras sibi obtem perantes sententiam latam in eundem terribiliter , praecipue autem in anglia , solenniter publicari , eurn graviter diffamando , ipsum inimicum manifestum dei & ecclesiae affirmavit . quod cum dominus imperator festina relatione cognovisset , tactus dolore cordis intrinsecus , prorumpentibus crebris suspiriis , amicis querimoniam gravem reponens scripsit , in haec verba . fredericvs , &c. inviti loquimur , sed tacere non possumus . jam enim securis ad radicem arboris posita , & gladius fere usque ad animam transiens , labia dissolverunt . jusque datum sceleri scribimus , & populum contumacem dexteram in viscera propria vertisse condolemus . juri praefertur in●uria , et voluntas justitiae dominatur . dominum quidem italiae , populi sceptrum contemnere conantur imperii . ac etiam propriae commoditatis immemores , libertatis ejusdem vagae luxuriam quieti pacis imponunt , & aequitati justitiaeque praetulerunt . nec tamen a nobis rebellionem hu jus sumpsisse nunc primum exordium aestimetis , sed avitas & paternas prosequimur injurias , & productum jam ad alias regiones , libertatis invidiosae propaginem niti mur supplantare . sed nec ista dissimulasse aliquolibet modo hactenus , aut conniventibus oculis pertransisse credatis . quam primum enim in nobis pubescentibus , ac mentis & corporis calescente virtute , ad romani culmen imperii , praeter spem hominum , nutu solummodo providentiae divinae , conscendimus , ac regnum siciliae , praeclara maternae snccessionis haereditas , ad jura nostra pervenit , aciem mentis nostrae continuo direximus ad praedicta . ac demum ad consummationem propositi nostri , miserabili casu de amissione damiatae tunc temporis ministrante cum venerabili patre nostro h. summo pontifice apud verulas colloquio celebrato , veronae de communi consilio pro negotio terrae sanctae & reformatione imperii , solemnem curiam duximus indicendam : ubi tam nos quam praedictus papa , condiximus interesse . quo proposito & volubilitate consilii , & metu rerum continuo praesentium , immutato ; nos a tanto bono recedere non volentes , ferentini denuo cum papa praestito collatione habita , curiam apud cremonam indiximus : ad quam , filium nostrum cum multis principibus imperii nostri vocavimus , cum decenti militum comitatu : nihilominus de italiae partibus ducentes nobiscum milites , prout imperialis excellentiae decus , & tantum negotium condecebat . ex quo lombardi nobis , & honori nostro rebelles , inspiritu contradictionis assumpti , & reprobum sensum dati , palliata occasione timoris , propterea quod armatorum consortio fruebamur : & nobis intendere tanquam ipsorum legitimo domino contempserunt , & ingressu in italiam viarum difficultate prohibito , filium nostrum & principes a nostris aspectibus subtraxerunt . ad exaggerationem dein nequitiae adhuc occultae ac perfidiae , malitiam manifestam insolentiamque adjecerunt , quod contra nos & imperium conspirantes , nobis praesentibus & contemptis , conjurationes nefarias contraxerunt . et sic desiderata filii nostri visione fraudati , in apuliam redeuntes , quia praeparatio passagii transmarini , ad quod tenebamur ex voto , tunc temporis nos arctabat , causam ipsam de satisfactione nobis & imperio facienda , arbitrio summi pontificis commisimus terminandam ; per quem , in quingentis militibus pro negotio terrae sanctae sub eorum sumptibus per biennium exhibendis fuerunt nobis arbitrali sententia condemnati . quos inito pacis ecclesiam inter & imperium discordiam seminante , ipsos contra nos in apuliam transmiserunt : & sic per contrariae satisfactionis modum , praecedentes injurias geminarunt . redeuntibus autem nobis de partibus transmarinis , ac inter nos & ecclesiam dissensione sedata , de reformatione status imperii concepto proposito inhaerentes , apud ravennam iterum de consilio beatissimi patris nostri g. summi pontificis , indiximus curiam generalem : sub inermi tantummodo & domestico comitatu , ut timor armorum & occasio frivola tolleretur . in qua , nedum lombardi praedicti devotionis & obedientiae nobis signa praetenderent , imo in oculis nostris , fere civitatem veronae & ezelmum , de romano tunc temporis ad nostrae fidelitatis obsequium noviter revocatos , extractis eorum carrochiis , violenter invadere nitebantur , ad reverentiam nostrae praesentiae nullo habito omnino respectu . accessum etiam filii nostri ad nos , vel nostrum ad eum per terras & vias imperii , ( quae & si nostrae sunt propriae , tamen omnibus sunt communes ) denuo prohibentes : ita quod patris oculus tunc temporis etiam filium non vidisset , nisi quod navali praesidio , amore paterno , qui contineri non poterat , stimulati , nos aquilegiam sub maris dubia sorte , contulimus : ut praedictum filium nostrum & principes , qui ad nos devote se contulerant , videremus . nec adhuc defuit clementiae nostrae constantia , quin aggressionis hostilis furore deposito , iterum & causam ipsam committeremus arbitrio ecclesiae terminandam . ex eo tamen unde credidimus humanitatis eisdem exempla protendere , cornua ipsis indevotionis ereximus : referentes ab eis pro debita fide perfidiam , & pro devotione contemptum , nec ulla de praedictis vexatio tribuit intellectum . otto the popes legate was very diligent to see the emperor frederick excommunicated , and the popes scandalous excommunications and bulls against him published throughout england , as this narrative informes us . et cum versus scotiam iter dominus legatus arripuerat , capitulum sancti albani ingressus est , & prius facto sermone de assumptione beatae virginis , ( hoc enim infra octavas evenit ) dominum imperatorem excommunicavit . monachi vero sibi de tali permissione , literas excusatorias obtinuerunt . et eisdem diebus , pluries in ecclesia sancti pauli londini , idem imperator solenniter est excommunicatus : tali papali authentico , quod legato transmissum est , compellente . gregorivs episcopus , servus servorum dei , dilecto filio suo ottoni sancti nicholai in carcere tulliano , diacano cardinali , apostolicae sedis legato , salutem & apostolicam benedictionem . sedes apostolica , sicut totus fere orbis facti evidentia didicit , fredericum dictum imperatorem , ex quo ipsum ex utero matris excepit genibus , affectu materno profequens , lactavit uberibus , & humeris bajulavit : quem olim omni pene destitutum auxilio , & dubiis tantum derelictum eventibus , suo recepit patrocinio confovendum , opponens potenter invasoribus regni sui qui in terram ejus ocalos aviditatis injecerant : cujus jam fines ingressi , eam absque ullo defensionis obstaculo usurpabant ; & defendens eundem ab insidiantibus vitae suae , qui aemuli saluti ipsius , conabantur animam ejus extinguere , & de terra ipsius memoriam abolere . cumque idem protectionis ecclesiasticae clypeo praemunitus , personae & regni sui bonae memoriae g. de ga●lganem tituli sancti anastasii , presbytero , cardinali , a sede apostolica per multos annos deputato custode , majoris metas attigisset aetatis ● tandem ad altioris dignitatis apicem per eam extitit sublimatus . sed diligentiae studium circa personam ejus impensum , labores plurimos quos ecclesia subiit propter eum , que ad ipsum , perdidisse videtur ; cum tot beneficiorum sit immemor , tantae gratiae sit ingratus ▪ et utinam illius ingratitudinis non excederet terminos , per quam perceptorum bonorum existeret negatione contentus . porro , licet offensa quaelibet aculeos doloris importet , illa tamen jaculo graviori percellit ; in qua ingratitudo pro gratia rependitur , & pro beneficiis maleficia compensantur . verum , quantumcunque ipsum apostolica sedes dilexerit , & supremae culmine potestatis erexerit saeculares , suis tamen exigentibus culpis , de quibus , quamquam pluries a nobis monitus satisfacere non curavit , coacti sumus , licet inviti , animadvertere in eundem . nam & si adam divina providentia , excellentia dignitatis & auctoritatis extulerit , eui omnia animantia terrae subjecit ; quia tamen sui jussa praeteriit plasmatoris , ejus excessibus non pepercit . quae autem a dicto frederico , pro tot bonis sibi collatis ecclesia retributionis praemia reportarit , discretionem tuam volumus non latere , pauca de multis praesenti pagina declarando . in urbe siquidem gravem movit seditionem : exinde nos & fratres nostros , totis viribus nisus excludere , ut apostolicae sedis honorem deprimeret , ac libertatem ipsius penitus conculcaret : contra juramenta praestita temere veniendo . et venerabilem fratrem nostrum praenestinensem episcopum , dum ipsum ad partes albigensium disponeremus pro corroboratione fidei catholicae destinare , per quosdam suos fideles in viam impediri mandavit . cathedrales etiam ecclesias , & alias vacantes regni sui nequaquam ordinari permittit : in animarum periculum , & grave detrimentum ipsarum . eas & quasdam alias nihilominus spoliando fere omnibus bonis suis : & * tallias ac exactiones indebitas praelatis , religiosis , & aliis clericis secularibus imponendo . nobilibus , pauperibus , orphanis , & viduis , usque ad inanitionem extremam deductis , eos ad modicum dura & crudelis exactorum suorum acerbitas non patitur respirare : & s●c totum fere regnum , quod est spirituale patrimonium beati petri , pro quo juramento fidelitatis apostolicae sedi tenetur , & ipsius ligius vassallus existet , quantum in eo est , in favillam quasi & cinerem jam redegit . quod si postquam monitus fuerit a nobis , non duxerit corrigendum , nos super hoc , auctore deo , sicut expedire videbimus , procedemus . insuper negotium impedit terrae sanctae , necnon etiam imperii romani . praeterea cum tempore concordiae inter ipsum & ecclesiam reformatae , in manibus sedis apostolicae legatorum juraverit ecclesiae pr●ceptis obedire : & ipse mandatum ab eis receptum , quod terram ecclesiae , vel terras eorum quas tunc ad suas manus tenebat , aut ipsorum personas nullatenus caperet , occuparet , sive etiam devastaret , adimplere contempsit , terram ecclesiae occupando : videlicet in lombardia , ferrariam , bondoniam , pingnogoman , terram quidem sardiniae , & messanensem , lucanensem dioceses capiendo , & dejiciendo illos quos ad manus suas ecclesia reservavit , & devastando terras ipsorum : licet ex tunc in eum praesentem , ipsi legati excommunicationis sententiam tulerint , si super his non faceret quod mandarent . idem etiam nepotem regis tunicii detinet , ad romanam curiam & ecclesiam , pro percipiendo sacri baptismatis lavacro , accedentem . ac dilectum filium petrum saracenum nobilem civem romanum , ex parte charissimi in christo filii nostri illustris regis angliae , ad sedem apostolicam missum , & filium ejus , carceri detinet mancipatos . quia vero super his & quampluribus aliis excessibus pluries à nobis monitus , correctionis medelam non sentiens , cum suarum sint ulcera indurata culparum , quotidie deteriora committere non veretur : nos haec absque christi offensa , praeterire sub dissimulatione ulterius non valentes : de fratrum nostrorum consilio , ex parte dei omnipotentis ( cujus vicem in terris gerimus ) licet inviti : & auctoritate beatorum apostolorum petri & pauli , ac nostra , in eum excommunicationis et anathematis sententiam duximus promulgandam ; tradentes ipsum fredericum satanae in interitum carnis , ut spiritus ejus in die domini salvus fiat : omnes qui ei fidelitatis juramento tenentur , decernendo ab observatione hujusmodi juramenti absolutos , donec fuerit vinculo excommunicationis astrictus . quocirca devotionem tuam monemus & exortamur attente , per apostolica scripta tibi praecipiendo , mandantes , quatenus praedictam excommunicationis et anathematis sententiam , singulis diebus dominicis et festivis , pulsatis campanis et candelis accensis , solenniter publicari , ac absolutionem et inhibitionem nuntiari procures , et facias per totam terram tuae legationis , modo simili publicari et etiam nunciari . mandatum nostrum taliter impleturus , quod devotio tua possit exinde merito commendari . caeterum cum praefatus fredericus de aliis magnis & gravibus sit plurimum infamatus criminibus , nos , dante domino , super his suo loco & tempore procedemus , prout in talibus negotiis natura requirit . verum , quia terroris sonitus semper est in auribus impiorum , & etiam quando pax est , insidias suspicantur : eo quod turbata conscientia semper saeva praesumit : idem fredericus prius quam sententia excommunicationis lata esset in ipsum , quasdam fratribus nostris decrevit literas transmittendas , pro parte inferius annotatas : quae post latam sententiam ipsis praesentatae , ad nostram & eorundem notitiam pervenerunt . unde quia voluit dominus occulta cordis ejus detegere , qui manifestat abscondita tenebrarum , & cordium secreta revelat , ex ipsarum literarum tenore colligitur , quam gerat devotionem ad romanam ecclesiam , matrem suam : quam ad summum pontificem ac fratres ejus , ad sedem apostolicam reverentiam habeat , cujus ratione regni vassallus existit . contra nos enim & ipsos , conspirasse videtur : ex quo , quantum & quale crimen incurrerit , satis patet . inter caetera vero quae sua continebat epistola , haec habebantur inserta : propter quod non indigne dolemus , si pater apostolicus offendere tam graviter nos intendat , ut dum in constantem virum tam vehemens cadit injuria , etsi patienter ferre velimus , immanitas negotii non permittat , quin ad ultiones , quibus caesares uti solent , facti violentia nos impellat . veruntamen dum consideramus impatientiam procedentis , & difficultatem attendimus offensorum , si ex aequo liceret privatas exercere vindictas , quas in hominem per quem scandalum venit , & in sui participes sanguinis , compensare possemus : ut in ipsum & suos attemptata nostrae sedis injuria redundaret tolerabilius duceremus . sed cum nec ipse , nec tota propter hoc sua passura progenies , tanti forent ut culmen imperii zelaret ultionem ipsorum , cumque sedis auctoritas audaciae sibi fraena relaxet , & tot venerabilium fratrum-moles eum in concepta fovere pertinacia videatur : angit nos altiori mente turbatio : quod dum nos intendamus a persequente defendere , oporteat nos defendendo gravius offendere resistentes . datum laterani , tertio idus aprilis , pontificatus nostri anno xiij . cumque dominus imperator super hac diffamatione certificaretur , factus de rege tyrannus , non immerito magis ac magis in mediolanenses & alios proditores suos , incanduit ; quos papa contra eum juvit efficaciter & animavit . mediolanenses vero auxilio papali facti animosiores , & comperientes rem agi pro capite , exierunt impetus furibundos facientes : concomitante quondam legato de latere domini papae ad eorum auxilium destinato , ferrariam & alias civitatis & castra imperialia , dum se dominus imperator ad loca remotiora transtulit , violenter occuparunt ; loca vicina usque ad exterminium & internecionem , devastantes . ne invenerunt obsessi misericordiam ; petentes lacrymabiliter legatum , ut civitatibus & substantia eorum omnimoda sibi redditis ad manum , tantum personis pro deo parceretur : nec sunt exauditi nisi penitus & absolute se suaque sibi manciparent . unde sancti viri & religiosi regiones christianas inhabitantes , non minimum admirati tam inhumanam ac cruentam ferocitatem in ecclesiastico praelato , cum imprecationibus multimodis execrabantur , qui tantum usus gladio materiali non est recordatus facere misericordiam . et invasit timor & horror corda , ne dominus deus exercituum effunderet indignationem suam super induratos , & ecclesia ruinam magnam pateretur : praesertim cum non curaret pars papalis preces vel jejunia , missas & processiones , nec praeciperet universaliter humiles preces deo fundere , & sic iram dei flectere ; in quibus solet ecclesia in tribulationibus respirare , & triumphos de oppressoribus crebrius reportare . sed spem totam ponens in pecuniae thesauris & rapinis , ad gladium & ultiones proprias irruit frontuosa : unde dolor & desolatio christianorum , magnatum oriuntur comminationes , furor & rancor , odium & iracundia inter ecclesiam & imperium : flebile nacta principium , exitum flebiliorem minabantur . his igitur laesus doloris aculeis dominus imperator , se intendens excusare , & dominum papam accusare ; multis regibus & principibus , praecipue regi angliae , et r. comiti cornubiae fratri suo , quasi charissimis sororiis suis , in quibus specialius confidebat , scripsit in haec verba . fredericus dei gratia romanorum imperator , semper augustus , hierusalem & siciliae rex , richardo comiti cornubiae , dilecto sororio suo , salutem & omne bonum . levate in circuitu oculos vestros , arrigite filii hominum aures vestras , orbis scandalum , dissidia gentium , generale justitiae doleatis exilium : exeunte nequitia babylonis a senioribus populi , qui populum regere videbantur , dum judicium in amaritudinem , & fructum justitiae in absinthium convertunt . sedete principes , & intelligite populi causam vestram . a vultu domini judicium vestrum prodeat , & oculi videant aequitatem . scimus etenim , & in supremi judicis virtute confidimus , quod cum apud vos pondus & pondus , mensura & mensura non fuerint , profecto modestiam & innocentiam nostram in judicii vestri libra praeponderare videbitis ; calumniosis detrahentium labiis , & venenosis inventionibus fictionum : sed nec nunc primum causae nostrae justitiam , & residentis in sede domini pravitatem , ad publicam mundi notitiam novimus pervenire . quin praeter agillimae famae praeloquium , quae frequenter in maximis virginum aurium deflorat , auditum : nos ipsi , quod primitus rumor eduxerat , subsequentibus postmodum nostrae serenitatis affatibus firmaremus , qualiter iste novus athleta , sinistris factus auspiciis pontifex generalis , amicus noster praecipuus , dum in minoribus esset ordinibus constitutus , beneficiorum omnium , quibus imperium christianum sacrosanctam ecclesiam ditavit , oblitus , statim post assumptionem suam , fidem cum tempore renovans , & mores cum dignitate commutans ; ac habens quodammodo de publica turbatione pruritum , in nos supremum & unicum filium ecclesiae , suae malignitatis aculeos acuisset : dum occasione assumpta , quod propter imminens scandalum evitandum , sacramento praestito , et lata contra nos excommunicationis sententia , nos ad certi temporis obligaverimustransitum , adversa valetudine corporis praepeditos : adjectis plerisque capitulis aliis , de quibus antea nunquam fueramus muniti , vel admoniti ; excusationibus nostris , contra deum et justitiam , omnino rejectis , excommunicationis sententia nos denunciavit astrictos . cui , velut in nos primitus de nostra voluntate pro●atae , cum humilitate paruimus , & absolutionis beneficium , pristina nobis incolumitate corporis reddita , postulantes , dum nos ad transitum instanter pararemus . quo petito suppliciter , & injuriose negato , in terrae sanctae subsidium sub pia voti prosecutione transivimus , existimantes vicarium jesu christi , ad ejus negotium potius , quam ad conceptae malevolentiae contra nos odium aspirare . sed is , quem speravimus ea solummodo quae sursum sunt sapere , & visu coelestia contemplantem , mente credimus in coelestibus habitare , subito inventus est homo , quinimo per inhumanitatis opera non solum a veritate sepositus , sed ab humanitate discretus : dum praeter impedimenta , quae nobis in syria praeparavit , per nuntios & legatos , qui soldanum literis suis , quas nos captis ipsarum latoribus in testimonium reservamus , ne nobis terram divino cultui & hierosolymitani regni juribus debitam , redderet , monuerunt : regnum nostrum siciliae violenter intravit ; sumpta occasione , quod r. filius olim ducis spoleti , praeter voluntatem & conscientiam nostram ( prout postmodum per ipsius poenam evidenter expressimus ) terram ecclesiae parabat intrare : & non prout sancti per fidem regna vicerunt , sed per perfidiam & perjuria praedicans universis , aut si qui ad perjuriam praedicatione solummodo , provocari non poterant , provocabantur exemplo , dum ipsi praefecti papalis exercitus , quo terram facilius obtinerent , nos captos in syria manifeste jurabant . redeuntibus nobis de partibus transmarinis , & injuriam nostram propulsantibus solum , nec juxta magnificum morem imperii prodeuntibus ad vindictam , per concordiae medios verbum pacis libenter admisimus . veram matrem nostram ecclesiam , ex agnitione catholicae fidei reperisse cognoscimus , sed patrem semper invenimus simulatum ; dum ipsa reconciliationis die viam nostrae coufusionis excogitans , de redeundo in italiam iterum sub inermi & domestico comitatu , nobis instantissime persuasit : occasionem significans , ne velut ex priori & armato processu , timoris caus●m nostris fidelibus praestaremus ; asserendo quod nobis omnia planissima faceret ; cujus contrarium per literas & nuncios suos manifestissime procuravit , prout constat testimonio plurium nostrorum fidelium , qui tunc temporis erant omnium conscii ; velut ex eis quidam participes & alii principes factionis . propter quod , filio & principibus nostris ad nos de germania venientibus , per rebelles nostros itineribus publicis undique praepeditis : sed & eodem filio nostro aquiligiam , navali praesidio cum summa difficultate recepto , ac in teutoniam abinde destinato , in regnum de necessitate redivimus : utpote quos ad arcendam rebellium nostrorum nequitiam , patris consilium vel astutia potius miserat imparatos . ubi quodammodo respirantibus nobis , & capescentibus requiem post labores , quieti nostrae sanctissimus pater noster invidit , consiliatoris sibi formam assumpsit ; instantissime persuadens , ut contra romanos excellentiae nostrae devotos , & alios rebelles nostros de tuscia , qui jura ecclesiae & imperii detinebant , procederemus audacter , de suo favore securi quod nobiscum nostra & imperii pondera participare volebat . et sic ad multam ejus instantiam , romanos , qui tunc temporis viterbiam impugnabant , in favorem ecclesiae nos oportuit diffidare : ipso mittente literas latenter ad urbem , quod haec per nos praeter suam conscientiam & mandatum , faceremus in odium romanorum . et interim in sicilia quadam seditione suborta , oportuit nos necessario conferre messanam ; ut factioni ibi inchoatae principiis obstaremus : occasione solummodo ista praetenta , quod tam nobilem nostram siciliae insulam voluimus amittere : nobis non requisitis , & omnino celatis , contra omne jus gentium , quod belli socios & participes statuit non relinqui , foedus iniit cum romanis , per nos ad mandatum ejus , ut diximus , diffidatis ; non attento , quod nos non sine dubia vice & honoris nostri fortuna , inter rebelles & seditiosos nostros remanentes inermes , copiosam & strenuam militam armatorum in ejus subsidium miseramus , quanquam personaliter interesse nequiveramus . ad haec , cum conscientiae nostrae integritas , & pura devotio quam ad matrem nostram ecclesiam habebamus , novercalia desiramenta patris agnoscere filium non sinebant : quin quod erat astutiae casui reputantes , satisfactionis nostrae causam invitricantis arbitrio saepius poneremus : qui tanto nobis vice qualibet illudebat aceribus , quanto constantius spem uberioris arbitrii promittebat . medio deinde tempore , dum de negotio italiae per papam ad honorem imperii componendo , ex praeteritorum conjectura discriminum , nulla spes nobis remansisset in posterum vel exilis , ac persecutionem eandem congruo tempore servaremus , expectantibus repente credimus arrisisse fortunam , reiterata discordia inter ecclesiam & romanos , in qua sic magnifice , sic devote thesauros nostros effudimus & personam , quod omnem omnino conscientiae pravae rubiginem de malevolentium cordibus credebamus erasisse . his etiam omnibus non contenti , ut de nobis prorsus indubitata securitas ecclesiae praeberetur , circa ipsam zelo devotionis summae succensi , & incentivo perfectae charitatis in deo , ad praesentiam istius summi pontificis , personaliter ivimus etiam non vocati ; ducentes nobiscum conradum charissimum filium nostrum , nunc romanum in regem electum , & regni hierosolymitani haeredem , quem nobis tunc temporis fratris sui manifesta transgressio filium unicum in paternae dulcedinis affectione reliquerat . ac eundem , post oblatam ecclesiae personam nostram , in totum obsidem summo pontifici nos offerre non puduit ; unionem omnimodam inter nos & ecclesiam , sub attestatione divini judicii humiliter postulantes : quamdudum nobis antea iste praelatus ecclesiae generalis , cum esset episcopus ostiensis , instanter suaserat expetendam . propter quae omnia , dum serenam nobis totius curiae faciem assertio demonstrata praetenderet , & verba gratissima tam summi pontificis , quam curialium omnium , sinceram ostenderent voluntatem ; cum eis omnia perfecisse credentes , sub intentionis nostrae sanctae proposito , nec minus sub obsequiorum nostrorum fiducia , dissensionis causam inter nos & lombardos in sinu corrupti judicis toties suffocatam , necnon & sedationem inter nos discordiae cives & nobiles aconenses devotione promptissima duximus exponendum . sicque de negotiorum nostrorum omnium prospera consummatione securi , in obsequium ecclesiae personaliter alacri voluntate processimus cum exercitu copioso ; quem sub magnis aerarii nostri stipendiis congregari tam de germaniae quam de italiae partibus feceramus . nec prius a concepti propositi prosecutione destitimus , quam libertatem ecclesiae conculcatam in urbe , & terram exterius occupatam , in statum primum & debitum , nostra potentia reformavit . indubitabiliter aestimantes , ut quod obtinere prius favor justitiae nostrae non poterat , devotionis obsequia promererentur . sed audite retributionem mirabilem , quam pro tanta devotione , pro tot beneficiis , pro tam indubitatae fiduciae firmamento , christi vicarius , pastor ecclesiae nostrae catholicae , fidei praedicator , nobis in singulis reddere procuravit . in primis super negotio ultramarino , quicquid per ravennensem archiepiscopum , dilectum principem nostrum , tunc apostolicae sedis legatum , secundum formam expressam ab ecclesia sibi datam , videlicet de reducendo nobis & praedicto conrado nato nostro in possessionem plenam & pristinam omnium jurium nobis sub tractatum in regno , fuerat rationabiliter ordinatum : statim adveniente caesariense archiepiscopo , nec legato praedicto , nec nunciis nostris ad curiam venientibus expectatis , nec ulla majori mora protracta , delatos bisantios potuit numerare , inordinate fuit ex toto destructum negotium italiae , nedum quod ad honorem nostrum & imperii , sicut promiserat , ordinare , imo petentibus & inflantibus nobis ad revocationem hostium nostrorum , quod in lombardia & tuscia fideles nostros , tunc temporis divisim exercitum suorum copiis devastabat . nec nos cum militibus , quos tunc in partibus ipsis , ut diximus , pro ecclesiae provinciis habebamus , ire permisit : nec aliquem nuntium seu literas voluit destinare , ex quibus per bella campestria sunt quamplurimum strages hominum , & ecclesiarum incendia subsecuta . adhuc etiam tanta & superiori nequitia non contentus , civitatem castellae per ipsum introactae tarbationis temporibus occupatam , quam reddi nobis forma pacis & fratrum suorum omnium consilia suadebant , receptis libris illius monetae solummodo , quae ad quinquaginta marcarum millia multa expendentibus , reddere recusavit . ecce qualiter pater noster iste sanctissimus nos amabat ! deinde super profectibus nostris omnibus , & super pacificanda nobis italia ( maxime de qualibet patris , vel vitrici nostri potius benevolentia desperare coacti ) apprehendimus arma & scutum , vires de teutonum partibus ( ad quas nos diebus illis , praevaricatio filii nostri de necessitate vocaverat ) propter ingressum italiae congregantes , militibus strenuis justitiam nostram armavimus , quam assequi precibus minime poteramus . quod cum ad notitiam summi pontificis pervenisset , sub praetextu treugarum pro terrae sanctae subsidio fidelibus populis & terrae principibus indictarum , armatum nobis ingressum italiae , per apostolicas literas interdixit . oblitusque die eodem ipso , quo praedictas treugas indixit ; nos tanquam defensorem & advocatum ecclesiae requisivit : quod contta romanos , quos sibi jura ecclesiae subtraxisse dicebat , potenter procedere deberemus : iniquum in nobis reputans , quod domum nostram & possessionem avitam , quam nobis infidelium nostrorum rebellio furiosa praecluserat , viriliter ingredi nitebamur , quod justum crediderat in romanis , qui patri vel avo seu parentibus suis in nullo prorsus extiterant obligati . adjecit praeterea in literis antedictis , quod de negotio lombardiae in ipsum praecise sine adjectione temporis & conditione aliqua nullo jure & honore imperii reservato compromittere deberemus : per quod , vel nos in perpetuum a juris nostri prosecutione cujuslibet suspenderet ; vel jus & honorem imperii libere suffocaret . quod cum nobis nec nostrorum consilia principum , nec praeteritorum dispendiorum memoria suaderent , ad artes alias postmodum se convertit : mittens nobis obvium in vestimentis ovium lupum rap●cem , episcopum praenestensem : per quem , apud nos literis apostolicis de vita sanctissima commendatum , placentiam nobis subditam & nostris amicam , ad factionis mediolanensis revocavit perjuria ; per eum firmiter aestimans , sic universaliter , & in tantum fideles nostros evertere , ut processus nostros in italiam penitus enervaret . qua spe , faciente divina clementia , quae suum tuetur imperium , omnino frustratus , clamantibus apud eum rebellium nostrorum incendiis , depopulationibus reorum ex stragibus occisorum , quod ipsum de data eis rebellionis secura fiducia , nec non de fide mentita , quod contra nos , & imperium ipsis assistere promisisset , publicis vocibus arguebant . quia juxta petitionem ipsorum , occasione praedicta nos excommunicare juste non poterat , impedimenta clandestina nostris processibus undique praeparavit : literas & legatos per imperium & ubique per orbem , ut quoscunque posset , a fide & assertione nostra seduceret destinando . quae omnia cum nostrorum fidelium fides & amicorum affectio conscientiam nostram latere non vellent , nolentes adhuc vinci a malo , sed in bono malum vincere cupientes , solennes nuncios nostros , venerabiles petranensem archiepiscopum florentinum & reginensem episcopos , magistrum thaddaeum de suessa , magnae curiae nostrae judicem , & magistrum r. portastal . capellanum , dilectos ac fideles nostros , ad sedem apostolicam duximus destinandos . quibus oblata sibi per eos ex parte nostra devotione omnimoda , & ratione tractata contra haereticam pravitatem , pro ecclesiastica libertate , de reformandis ecclesiae & imperii juribus ( dudum inter nos & ecclesiam expetitis , & expectatis ) summus pontifex de praesentium fratrum suorum consilio , legatione nostra in omnibus suis capitulis acceptata , per eosdem & archiepiscopum messanensem , quem ad nos pro pace sua nuncium destinavit , excellentiae nostrae promisit , quae cessari mandaret ubique locorum ab impedimenti● omnibus , quae si nostris processibus objecisse , coram fratribus suis & nunciis nostris fuit professus manifeste , prout haec omnia per testimoniales antistitum omnium praefatorum literas manifestissime comprobantur . cum qua responsione , nunciis nostris & suo ad nostram praesentiam redeuntibus ; priusquam per tres dietas a curia recessissent ▪ eis omnino celatis , & in confusionem ipsorum , g. de monte-longe , quem primitus ad nos nuncium miserat , & contra nos postmodum ad eversionem mantuanam & aliorum fidelium nostrorum statuerat , in lombardia legationis officium plene commisit : arbitratus ut quanto sibi major daretur auctoritas , tanto majora nobis , & nostris impedimenta pararet . quibusdam tamen principibus nostris , praelatis italiae & germaniae nobiscum in curia manentibus , literas destinavit : sugillationem famae nostrae non modicam continentes , certis capitulis interclusis : & specialiter de gravaminibus , quae quibusdam ecclesiis regni nostri dicebantur illata : super quos , mandavit vos per eosdem principes admoneri , quorum capitulorum omnium & responsionum nostrarum ad singula , seriem vobis sub testimonio publico misimus intuendam . quibus omnibus , coram principibus & praelatis ac religiosis quam pluribus , cujuslibet ordinis sigillatim ostensis ( quanquam de tanta patris instabilitate confusos se filii reputarent & de verecundia ( capitis praesentium rubor ora perfunderet ) nihilominus tamen de ipsorum consilio praedictos panormita●ensem archiepiscopum , magistrum t. & magistrum r. portastel . excellentiae nostrae , cum nunciis civitatum nostrarum fidelium , ad sedem apostolicam duximus remittendos ▪ per quos ad satisfactionem omnem , mora qualibet & difficultate sepositis , obtulimus nos paratos sed nec in his omnibus est aversus furor ejus , quin dictus evangelizantis pacem christi vicarius , sed actor schismatis & dissensionis amicus , contra traditiones sanctorum patrum , audiens nuncios nostros portantes omnimodum nostrae devotionis xenium , & metuens ne supervenientibus ipsis , obice vallo justitiae , sine publico scandalo forte procedere non valeret ; prae festinantia nimia conceptum edidit abortivum , in nos supremum christianorum principem , die dominica palmarum , contra solennem morem sacrosanctae matris ecclesiae , & in coena domini , postmodum praecipitavit sententiam , per quam ( sicut per famam audivimus , licet hoc credere minime debueramus , contradicente saniore parte fratrum suorum ) de quorundam cardinalium lombardorum consilio , nos excommunicationis vinculis dicitur astrinxisse ; praepeditis nunciis nostris per rautores & satellites suos , de patrimonio pauperum solidatos , qui jam applicuerant : & ne allegandum justitiam & innocentiam nostram , ac demum satisfactionem offerendam , etiam ad cautelam , ad praesentiam suam & aspectus publicos pervenirent . de quo licet nos singulari & propria ratione , propter nostram justitiam , & infamiam procedentis , malle merito debueramus , quod perperam & inordinate processerit , cum nequitiam suam editurus fuisset omnimodo , non forsitan antea crepuisset : dolemus tamen , & ex corde dolemus , propter verecundiam universalis ecclesiae matris nostrae , quam dominus noster jesus christus , sub specie virginis gloriosae , in passionis testamento discipulo commendavit . alias nobis per talem , quem merito nostrum judicem non habemus , nullam posse fieri reputamus injuriam : utpote cum se prius mimicum capitalem quam judicem nostrum , et opere fuerit professus et verbo , rebelles nostros et nostri imperii publice confovendo . indignum praeterea se tanti coertione principis , & generaliter qualibet pontificalis authoritate judicii reddidit ; dum mediolanensem civitatem , quae pro maxima parte testimonio religiosorum quamplurium fide dignorum , inhabitatur haereticis , contra nos & imperium manifesto favore tuetur . et contra r. de mandello civem mediolanensem , dudum potentatem florentinum , & clarentinum . episcopi florentini , viri vitae probabilis ac famae approbatae , in plerisque capitulis supra haeretica pravitate , ob odium nostrum , & mediolanensium gratiam , non admisit . illum haberi praeterea christi vicarium , et successorem petri , ac dispensatorem animarum fidelium indigne fatemur ; non ob dignitatis injuriam , sed ob perfonae defectum ; quod dispensationes cum fratrum deliberatione maxima concedendas , in camera sua more mercatoris cujuslibet , in libra mercationis celatis fratrum consiliis ( cum quibus secundum ecclesiasticam disciplinam deliberare tenetetur ) existens sibi bullator et scriptor et forsitan numerator . de quibus dispensationes insignes praeterire silentio non volumus , per quas sipham gnatam quondam connestablii regni cypri , contra separationis sententiam latam super hoc per nicosiensem episcopum , & de non habendo simul praestitum sacramentum balianno de jocelino , & sororem johannis de caesaria , jacobo de amendolia , qui prius sororem ipsius desponsaverat , proditoribus nostris , sibi invicem gradu tertio attinentes , concessit uxores ; accepta non multae pecuniae quantitate : veruntamen quod quantitati vel numero defuit , odii nostri qualitas compensavit . defectum etiam & praevaricationem ejus in illo dolemus , quod ut contra nos nobiles & potentes romaniae sibi satellites fautores adquirat , effusione pecuniae non contentus , ipsis castra & possessiones sanctis patribus pia fidelium devotione donata , romanam ecclesiam nostro patrocinio commendatam dilapidando , largitur . itaque non miretur universalis ecclesia , nec populus christianus , si nos talis sententiam judicis non veremur , non in contemptum papalis officii , vel apostolicae dignitatis ( cui omnes orthodoxae fidei professores , & nos specialius caeteris , subesse fatemur ) sed personae praevaricationem arguimus ; qua se solio tanti regiminis , monstravit indignum : & omnes primates nominis christiani sanctum intentionis nostrae propositum , & piae devotionis zelum in nobis agnoscant , & quod non ex odii fomite , sed ex causa justissima , romanus princeps contra romanum antistitem commonetur : dum metuit ne grex dominicus , sub tali pastore per devia deducatur . ecce quod sacrosanctae romanae ecclesiae cardinales , per sanguinem jesu christi , & sub attestatione divini judicii , per literas nostras & nuncios attestamur : ut generale concilium praelatorum , & aliorum christi fidelium debeant evocare . nunciis quoque nostris , & reliquorum principum accersitis : in quorum praesentia , nos ipsi praesentes cuncta quae diximus , sumus ostendere & probare parati , & his etiam duriora . nec minus illa probabili ratione turbamur , quod iste rector ecclesiae , qui deberet esse virtutum quarumlibet & constantiae maximae , sine macula cupiditatis , vas electum , ne error majorum in subditos propagaretur cum augmento contra promissionem suam literis suis de fratrum consilio nobis factam , per quas in restaurandis imperii viribus , non deesse nobis , sed adesse promisit auxilio , consilio , & favore , praeter personae nostrae infamiam , nedum blasphemiam , jus imperii nititur conculcare : praesertim cum quantumcumque conscientiae nostrae librum sollicite revolvamus , nullam in nobis occasionem invenimus ad causam , propter quam iste inimicus homo contra nos debuisset tam acriter commoveri . nisi quod cum ipso contrahere , de nepte sua desponsanda henrico naturali filio nostro , nunc regi tunis & gallur . nostra magnificentia credidit indecens , & reputavit indignum . tu igitur dilecte , cum tibi dilectis , princeps orbis terrae profuturae , non nobis solum , sed ecclesiae quae est omnium fidelium congregatio , condole : cujus caput languidum , princeps ejus in medio est , quoniam leo rugiens , propheta ejus , vesanus , vir infidelis , sacerdos ejus polluens sanctum , injuste faciens contra legem . nobis tamen prae caeteris mundi principibus , defectus est talis summi pontificis merito deplorandus , qui veluti sibi viciniores loco , & propinquiores officio , honores congerimus , & onera persentimus . sed nec illud omittimus , in affinitatem nostram affectuose rogamus , ut contumeliam nostram ad injuriam vestram revoces . ad domos vestras cum aqua concurrite , dum ignis accenditur in vicinis . causam motus pontificalis attendite , quod in favorem rebellium nostrorum procuratur . quae causa , licet ad praesens expressa non fuerit , proculdubio tamen subest : similia vobis in vestris imminere pericula timeatis . facilis enim , & regnum & aliorum principum omnium , humiliatio creditur , si caesaris romanorum potentia conteratur , cujus clypeus prima jacula sustinet adversantium . haec est namque causa pro vero , videlicet de lombardis , quae cor papae pungebat , & urebat intrinsecus , licet ipsam foris educere , propter nostrum & audientium scandalum , non auderet : pro qua nobis per specialem suum nuntium fide dignum ( cujus ad hoc testimonium invocamus ) ore tenus expresse promisit , quod si negotium lombardorum in ejus arbitrio poneremus , nedum quod in aliquo magnificentiam nostram offenderet , verum etiam totius orbis decimas , terrae sanctae necessitatibus consecratas , nostris utilitatibus applicabat . nec est mirum . instantibus enim & acutis lombardorum aculeis pungebatur , quibus , prout per aliquorum praelatorum confessionem accepimus , contra nos et imperium , corporale praestitit sacramentum ; cum ipsos peregrinantibus nobis in partibus syriae pro servitio jesu christi , transmisit in regnum . sed cum temporis fuerit ista promissio , fidem licite frangere poterat , & editum variare decretum . in quorum favorem , rem auditu horribilem , & discretione qualibet seu ratione carentem , facere minime formidavit . cum enim per g. brixiniensem , h. cumanum , & alios episcopos , nos faceret admoneri , quod vel satisfactionem lombardorum per ipsum deberemus accipere , vel treugas pro terrae sanctae negotio per quadriennium , ut diximus , indictas lombardis , cum ab indictarum treugarum jam quinquennium excessisset . nosque rem tanti consilii , ad deliberationem nostrorum fidelium modico temporis spatio servaremus , monitionibus ipsis de approbatione legati praedicti g. de monte longo ( scilicet qui apud mediolanenses interim morabatur ) inducias approbantibus supradictas , prout haec omnia liquido praelatorum ipsorum testimonio comprobantur . medio tempore , nec voluntatis nostrae judicio , nec fidelium nostrorum consiliis expectatis , conceptum virus evomuit contra nos ; prout aliquorum relatio declaravit procedendo . postremo , te pro nobis , imo vos totius optimates orbis & principes exigimus adjurantes , non quod ad propulsationem talis injuriae nostrae non sufficiant munimenta , sed ut totus mundus agnoscat , quod honor omnium tangitur , quicunque de corpore principum saecularium offendatur . datum tervisii , xx . die aprilis , nona indictione . hanc epistolam , mutatis tamen titulis , & paucis in fine verbis , dominus imperator regi anglorum , multisque per orbem principibus , ut suam allegaret innocentiam , & papalem manifestaret proterviam , destinavit : coepitque scandalum oriri per totius mundi latitudinem . ipse vero papa , cum haec fida cognovisset relatione , ipsum imperatorem magis ac magis diffamando , multis opprobriis lacessivit , necnon & haeretica damnavit enormitate : prolixioremque epistolam , ut ipsum damnabilem toti mundo redderet & infamem , principibus & praelatis terrarum transmisit invectivam , in haec verba . gregorius episcopus servus servorum dei , venerabilibus fratribus archiepiscopo cantuariensi , & suffraganeis ejus , salutem & apostolicam benedictionem . ascendit de mari bestia , blasphemiae plena nominibus ; quae pedibus ursi , & leonis ore desaeviens , ac membris formata caeteris sicut pardus , os suum in blasphemias divini nominis aperit , tabernaculum ejus & sanctos , qui in caelis habitant , similibus impetere jaculis non omittit . haec unguibus & dentibus ferreis cuucta confringere , & suis pedibus universa desiderans conculcare , fidei occultos olim paravit arietes , & nunc apertas machinas instruit ismaelitarum , gymnasia animas avertentia construit , & in christum humani generis redemptorem ( cujus testamenti tabulas stylo pravitatis haereticae nititur abolere , fama testante ) consurgit . igitur admirari desinite omnes , ad quos ab hac bestia contra nos edita pervenerunt obloquia blasphemiae : sed nos omni deo servitute subjecti , detractionum sagittis impetimur ; cum nec ab his opprobriis immunis dominus relinquitur . admirari desinite , si injuriarum in nos mucronem exerit , quod ad perdendum de terra nomen domini jam assurgit : sed potius ut ejus resistere aperta veritate mendaciis , ac illius confutare fallacias , puritatis argumento postitis , caput , medium , & finem hujus bestiae frederici dicti imperatoris inspicite diligenter : & in ejus verbis abominationes duntaxat invenientes & scelera , contra ipsius dolos sinceros animos scuto veritatis armate . attendentes qualiter sinceritatem apostolicae sedis & nostram , literis per diversa climata mundi transmissis , pollutis visus est maculare narratibus dictus fredericus ; figulus falsitatis , modestiae nescius , nec aliquo perfusus rubore mentitur : quod nos ipsum nobis in minori officio constitutis , amicum pristinum , fidem , & mores , adepto apostolatus officio , relinquentes , quia sicut sacramento praestito , & lata in ipsum excommunicationis sententia , tenebatur praefixo tempore in terrae sanctae subsidium vel succursum , infirmitate non potuit prohibente transire , vincula excommunicationis astringere , postulatum ab ipso sanitate resumpta absolutionis beneficium denegare , ipsumque in dictum transeuntem subsidium , per nuntios & legatos nostros literas processui contrarias soldano mittentes , impedire curavimus , ut sic esset de regni hierosolymitani recuperatione concepta frustratus : regnum siciliae , pro eo quod reinaldus olim filius ducis spoleti , praeter ipsius conscientiam , terram invasit ecclesiae , nos injuste & violenter intrasse , ac ipsius homines provocasse ad per jurium , falso conqueritur seque de syria in apuliam redeuntem , illatae injuriae omisisse vindictam , acceptasse concordiam , & rediisse ad matrem ecclesiam gloriatur : licet autem haec figmenta publica notitia reprobet , quia tamen nonnunquam rectitudinis sedem velatum occupat in aure sincera mendacium , apud quam pro se veritas non invenit advocatum ; ne in corda vestra falsitas quaecunque possit fraude surripere , dignum est , verum rei per nos gestae modum & ordinem non latere , qui dictum fredericum ante & postquam apostolicae nostros suggessimus humeros servituti , sub vulpe latentem , omni euravimus gratia prosequi ; donec spe , quae patri de filio solet innasci , sublata , idem fredericus fremens in magnitudine sua , & ex adepta fortitudine infrunitus , matri ecclesiae pro bonis mala retribuit : & in eam quam fucatis delinivit aliquando verborum fallaciis , virus effundere caudae aculeo , more scorpionis , incepit . nam cum olim terrae sanctae necessitas , praedicta sententia , & juramentum , ac praefixus terminus transitum ejus exposcerent , & illud idem multa millia crucesignatorum ipsum brundusii expectantia , cum instantia postularent : idem dictos crucesignatos inibi , donec sub ignoti aeris intemperie diversis lugendae mortis casibus periere , detinuit , & perjurium ac excommunicationis sententiam gratis incurrens , infirmus fide , sed sanus corpore , ut securius deo mentiretur , & ecclesiam falleret , omissio promissio passagio , in lecto aegritudinis diebus aliquot simulatus decubuit , ac terram sanctam incursibus hostium christi exponere minime dubitavit , ex eo nullo dolore percussus , quod ibi clarae memoriae nobilis vir thuringiae lantgravius , utinam non veneni periculo , sicut mundus clamat , extitit interemptus . cumque de conficta aegritudine & aliis praemissis , nobis per literas praelatorum ibi morantium constitisset : ne disciplinae virga tanto subjecta facinori , nos & apostolica sedes redderemur inde notabiles , crucesignatorum mortem & terrae sanctae pericula deplorantes , & cupientes saltem in altero ecclesiae lachrymas moeroris dextra debitae consolationis abstergi , ipsum latae sententiae in eum de consensu suo authoritate bonae memoriae honorii papae praedecessoris nostri , excommunicationis sententiae subjacere denunciavimus ; summo desiderio postulantes , ut eum postmodum emendatum , tantorum revelatione damnatorum , optatam praestare operam audiremus ; literis nostris offerentes eidem , quod impartiremur sibi juxta formam absolutionis beneficium , quam cito arriperet iter in praefatae terrae succursum . sed ipse , in cujus erat super his pectore cura minor ; claves ecclesiae parvipendens , non absolutus in syriam transiit . ubi cum soldano , solis sibi moeniis hierusalem restitutis , & illi grandi ad impugnationem christianorum transmisso equorum & armatorum exercitu , sexennale foedus feriens , & templum dominicum saracenorum ibi laudes exclamantium machometi curae relinquens , ex defensore mutatus est in hostem , venerabilem fratrem nostrum patriarcham hierosolymitanum , & templarios pro viribus expugnavit . illud autem non debet ad sanae mentis credulitatem accedere , quod eum in recuperatione regni hierosolymitani nos vel legati nostri , cum ad hoc multo labore sudaverit , grandiumque ecclesia subierit onera expensarum , studuerimus impedire ▪ sed istud in notitiam omnis terrae pervenit ; quod idem fredericus sicut in syriae partibus in propria persona dei persequebatur ecclesiam , sic citra mare ipsam diversis tribulationibus dicti reinaldi ministerio , quem contra consilium nostrum , suum in regno vicarium reliquerat , affligebat . cujus terram cum literis aurea bulla munitis , pecunia , & vassallis ipsius frederici praefatus reinaldus invadens , nonnullos sacerdotes & clericos suspendere , mutilare , ac fustibus caedere : necnon statu nostro turbato , perusii partem ipsius terrae praeoccupare , praesumpsit . quem licet fideles & devoti nostri , non valentes id ulterius sustinere , a parte terrae praedictae , christo sponsae suae indulgente victoriam , ejecissent . quia tamen idem reinaldus nequaquam ab incepta persecutione cessabat , consultius aestimantes , si originalis militiae venas inciderent , quam jam excitati torrentis impetus novis replere rivulis expectarent ; dictum regnum siciliae , quod est spirituale patrimonium ecclesiae , ne inde nos percunctentur jacula , unde potius erat expectandum subsidium , intraverunt : multique ex ipsius regni habitatoribus obedientes apostolicae sedi , nequaquam ob id reputari debent perjurium incurrisse , cum a juramento fidelitatis , quod eidem frederico praestiterant , ex lata in eum excommunicationis sententia , absoluti fuissent . dicto quoque frederico redeunti de partibus transmarinis , & ad sinnm matris ecclesiae revertenti , pietatis apposuimus apostolicae gremium ; ipsique ad expetitum inclinati concordiam , absolutionis beneficium curavimus impartiri . ad haec , idem mendacii filius ▪ falsitates falsitatibus cumulans , ut quo plura mendaciorum retia orditus fuerit , eo gravioribus se doleat periculis irretitum ; de novis mendaciis scriptura pronuntiat ; quod eidem ut lombardiam pacificus & inermis intraret , promittentes quod aspera sibi converteremus in plana , pro sua confusione subjecimus ; & non permisimus obice nuntiorum & literarum nostrarum intentionis suae metas attingere . ac deinde , quia sibi potentia non suffragabatur armorum , in regnum redire coactus , ad instantiam nostram romanos , tunc viterbium impugnantes , diffidasse ; & in viterbiensium subsidium strenuam misisse militiam se falso asserit , nosque scripsisse romanis , id praeter conscientiam nostram fieri , & cum ipsis eo irrequisito reformasse concordiam , in querelam adducit , novo sibi blanditus mendacio , quod dissidentibus iterum ab ecclesiae pace romanis , idem non vocatus cum conrado filio suo , quem nobis obtulerit obsidem , ad praesentiam nostram personaliter veniens , & arbitrio nostro motam inter ipsum & lombardos discordiae causam exponens , terram sedis apostolicae occupatam ejus juri restituit , & libertatem ecclesiasticam in statum primum & debitum reformavit . o utinam iste falsidicus esset vir habens spiritum ! o utinam hujus propositio falsitatis , verum habuisset eventum ! ipsius vero negotium , quod per venerabilem fratrem archiepiscopum ravennatem , de restituendis ei & dicto conrado juribus , ipsis in regno hierosolymitano subtractis , ordinatum fuerat , nos quam cito delata potuit numerari pecunia , distribuisse fidelibus suis ( quos non sine ecclesiarum incendiis & hominum stragibus , hostilis devastabat insultus ) ipsius interdixisse succursum ; & ob id nos nuntium noluisse vel literas destinare , contrarius veritati conqueritur . ac civitatem castellae , contra formam pacis & fratrum consilia , in sui juris praejudicium detineri a nobis , suis exarare literis stylo mendacii non veretur . quanquam autem his figmentis modica veritas impermixta , aliquid coloris adjiciat , ut tamen apertius intelligatis , quod tantam hujus commenti seriem non modica falsitatis adjectio decolorat , scitote pro certo , quod cum sicut nunc ex temporum eventu cognoscitur , discretae menti verisimile videretur , ipsum de lombardis suum potius consequi propositum potuisse , si se illis , quos populorum numerositas , profunditasque vallorum , armatorum copia , ac murorum reddit altitudo munitos , pietatis parentem exhibuisset , & clementiae dominum , quam si trementibus pro culpa imposita subditis ultionis exerto mucrone terribilis occurreret in cuneis armatorum : ei nos , qui bona pacis procurare tenemur , bona fide suasimus , ut armatae militiae omisso terrore , sub indictarum omissione poenarum , & beneficiorum oblatione , illos ad imperii devotionem reduceret . qui etsiin lombardiam famulis stipatus inermibus accessit , quia tamen consilii fidelis oblitus , in partem cremonensium caedis , actor factus est schismatis , scissamque in discordias lombardiam fortius scindere , & mediolanens●s a se terroribus & minis abigere studuit , quos tamen adversa parte ad unitatem trahere potius debuit in funiculo charitatis : non est quod nostrae imputetur innocentiae , si spe frustratus in apuliam rediit , ipso spei conceptae interitum procurante . post haec super tuitione libertatis ecclesiasticae , super extirpanda haeretica pravitate , nostris beneplacitis paratum se obtulit , ad quem recurrens litera nostra respondet : quod cum in regno suo , ubi nullus manum vel pedem absque ejus movet imperio , in fidem catholicam haeresis latius venena diffunderet , & libertas ecclesiae quasi penitus concul●ata jaceret : non credebatur capiti salutis adhibere remedium , qui pedem suo reddiderat contractu morbosum : sicque responsum hujusmodi lapsu modici temporis approbante , audito quod quidam pravo seducti consilio , ecclesiae terram intrare volebant , in siciliam , quasi fuga capta , ne rupta promissio eum falsitatis arguerit , potius abiit : ac contra illos verbo vel opere in aliquo non processit , nobis improperans , quod revertentes ad urbem romanos filios speciales ecclesiae , ad matris devotionem paterna curavimus diligentia revocare . idem insuper intellecto , quod illos ab ecclesiae charitate sejungere quidam iniquitatis filii nitebantur , & excogitato , quod facilius hanc & illos opprimeret , si praefatam charitatem acerbius fraude solita vulneraret : nobis tunc reate praesentibus , ad sedem cucurrit apostolicam etiam non rogatus : ubi sub multa humilitate promittens , quod terram ecclesiae perditam in primum statum reduceret , & ipsam pro viribus defensaret : in tuscia , ad quam vires suas contulit , recuperationem cujusdam castelli , quod ad jus ecclesiae modico reduci labore poterat , impedivit . et cum adhuc manus tradentes nobiscum essent in mensa , cum hostibus ecclesiae , sicut ex consequentia facti , & literis suis , quae a nobis in tantae proditionis testimonium reservantur , aperte convincitur , hoc signo dato , inde vicarius pepigit in ipso , certo die exinde recedente , illi ad arma iste mons pestifer devotionis obsequia praestitit . attendite quales ecclesiae famulatus occultus hostis impendit , qui in ecclesiasticum transformari non erubuit famulum , ut nobis ad nocendum fieret efficacior . pro firmo tamen vos tenere cupimus , quod nos his sub dissimulatione praeteritis circa eum adhuc non permittens immutari affectum apostolicae puritatis , per dictum archiepiscopum , commisso sibi legationis officio , jura ei & praefato conrado in eodem regno hierosolymitano mandavimus subtracta restitui . qui licet id fecerit , quia tamen formam sibi datam , propter quod ab eo ad nos extitit appellatum : excedens terram ▪ sanctam , quod est inauditum à saeculo , post appellationem hujus sententiae supposuit interdicti . nos attendentes quod ob id , in maximum ejusdem terrae periculum , peregrini ex ipsa recederent , & alii inceptos ad illam transitus retardarent dictum sententiam , quae utpote latam post appellationem legitimam , ipso jure nulla fuerat , in omnibus aliis praefati alii archiepiscopi , intacto remanente processu sufficienti , a baronibus , nobilibus , & comitatibus regni praedicti cautione recepta , in omni sinceritate de fratrum nostrorum consilio duximus relaxandam . quod ergo ipse de nobis ob hoc labiis pollutis obloquitur , vester animus non turbetur ; quia cum sit vas repletum vitiorum spurcitia , ea quae ipsius infecerunt animum , putat in aliis criminum deservire tormenta ▪ ex quo cum malorum opprobria laudem , laudes quoque opprobrium resonent , a viro , cujus omnis lingua clamat infamiam , sugillationibus impeti eligimus multo fortius quam laudari . sed forsan maculam opinionis suae , his credit abolere convitiis , quia se dum viterbium moraretur inficiens , a facie hostium ecclesiae non verecundus aufugit ; & ad defensionem suorum fidelium , quos ipsius hostes in oculis ejus obsederunt , terram nullo prohibente vastarent , affirmans suum per nos ad illos interdici progressum , imperialis honoris prodigus , sed timore prohibitus non accessit ; ex eo innocentiam nostram accusans , quod ad evitanda hujus belli dispendia , nuntium a latere nostro non misimus . sed nec mirum , cum eo tempore status ecclesiae multiplici fuisset persecutorum afflictione turbatus . venimus autem ad civitatem castellanam , cujus cives se illi violato sacramento fidei , ecclesia ignorante , prodentes , nullum jus per hoc in seipsis adquirere ▪ nullum nobis circa possessionem , cum jurisdictionem civitatis & civium quasi possideret , ecclesiam prodendo , potuerunt praejudicium generare . quia illi , a quibus alteri potius quam sibi possidentibus non requiritur ; possessionis initium , leges possessionum evertere , & extraneis jure conferre nequivit possessorum . necnon qui de reddendis possessionibus ecclesiae ratione ad eum pertinentibus , pluries juramentum praestiterat , satis improvide a nobis videbatur petere , quod non poterat absque per jurio retinere . nec credi debet in hoc , nos sibi omnimodam coram arbitris vel alio modo justitiam exhibere paratos , fratrum nostrorum despexisse consilium ; quod nunciis ejus inceptum judicium recusantibus prosequi , non fuerat requirendum ; quin potius hanc petitionem ea duntaxat fraude intentasse proponitur , ut sic ei obloquendi de ecclesia , & pacem inter ipsam & eum initam , irritandi occasio praeberetur . illud quidem quod super facto imperii inter caetera sua detestabilis testatur epistola , noster edisserit his literis calamus ; ut quo pluribus ejus fictio cognita fuerit , eo fortius ex suo maneat commento confusus ; dum de nobis obtrectat , quod ad nostram translato notitiam eum ad recuperanda jura imperii cum multis bellatorum intrare millibus lombardiam , sibi ne italiam intraret armatus ; & de negoto lombardorum in nos praecise compromitteret , apostolico scripto mandavimus , ut illud perpetuo suspendere , vel jus imperii libere suffocare possemus , contra ipsum venerabilem fratrem nostrum prenestinensem episcopum , per quem ejus vacuaremus propositum , transmittens , ei impedimentis clandestinis per legatos & literas nostras per orbem undique procuratis . iste vero , cui ne veritatem fateri , aut enarare possit judicium , a divina forsan est indignatione negatum : sicut obtrectationes personae nostrae non verecundatur ex falsis assumere : sic & excusationes suas ex similibus propositionibus non veritus ordinare , se per nuntios suos venerabilem fratrem nostrum panormitanum archiepiscopum , & quosdam alios , ad apostolicam sedem missos , devotionem omnimodam super ecclesiastica libertate , & reformandis ecclesiae & imperii juribus , obtul isse ; nosque id attentantes & promittentes , a cujuslibet ipsius impedimento cessare , nuntiis suis ad eum redeuntibus , dilecto filio gregorio de monte longo , notario nostro , in suorum eversionem fidelium , legationis officium commisisse asserit : ipsoque nihilominus praefatos archiepiscopum & alios nuntios suos , ad sedem apostolicam remittente , & offerente satisfactionem omnimodam , nos cum contradicente saniore parte fratrum nostrorum , contra traditiones sanctorum patrum , & solemnem morem ecclesiae , injuste excommunicasse falso concludit : pro sua confusione subjungendo nos beati petri vicarium , non habere ligandi solvendique potestatem , quasi velit asserere , nos concessa apostolorum principi * carere clavium potestate . quaesumus igitur libram rationis assumite , & in ea perpendatis praedictum fredericum contra ecclesiam , excessibus & beneficiis , quae ab ea recepit , appensis , clarius videte : quod licet draco iste qui ad illudendum nobis formatus , & in escam populo aethiopum datus existit , aquas persecutionum in subversionem ecclesiae ex ore quasi fluvium miserit , apostolica tamen sedes ipsius nequitiam inaestimabili beneficiorum misericordia superavit . nam eum olim ab annis teneris illorum morsibus , qui terram ejus & sanguinem sitiebant , in lacuna confusionis expositum , parentum & amicorum solatio penitus pene nudum videns mater ecclesia , protinus circa ipsum nutricis & bajulae officium executa , eum pallio ▪ apostolicae sedis operuit , de laqueo venantium eripuit , multis laboribus & expensis ad regni solium & coronam imperii sublimavit . insuper hoc ei fecisse modicum reputans , & sibi hierosolimitanum sub●jci regnum , & illum undique per orbem exaltare procurans , licet ab eodem multiplici se laesam afflictione doleret , a paucis tamen retroactis temporibus , contra henricum natum ejus ( qui partem non modicam alemanniae ejus jurisdictioni subtraxerat ) potenter astitit : & inafflictorum sibi per eum oblita vulnerum , ipsum de novo quasi in imperatorem erigens , teutoniam apostolicis litters ipsius reformavit disiderio . his & aliis , quae non sufficimus recordari , beneficiis ipsius construens munimenta decoris : sed iste baculus impiorum , terrae malleus , universam conturbare terram , regna conterere , & orbem desertum ponere cupiens , libertatem ecclesiasticam in dicto regno siciliae in opprobrium servitutis extremae deducens , & ecclesias quas ut earum teneritudine suum ventrem impleret , quasi jam penitus exossavit ; sordibus , oneribus , & angariis opprimens , eas bonis sacris , deputatis sanctorum usibus , spoliavit , personas ecclesiasticas carceri mancipavit , ipsosque in examine vetito accusationes suscipere , tallias solvere , & bona ecclesiastica , ut se a vexationibus redimant , exhaurire , & postremo exulare coarctat . ecclesiis pastorum solatio viduatis , non permittit sibi sponsum eligere , viduitatis vestimenta deponere , donec alicujus adulterinis amplexibus , per compulsionem extiterint copulatae . de christian●rū habitaculis construens moenia babylonis , & aedificia in quibus divinum nomen excolitur , illuc transferens , ubi machometus perditus adoratur : turbis undique collectis , crucifixi fidem & nomen publice praedicari in eodem regno prohibuit . recuperationem terrae sanctae & negotium impediens , ad ejus consummationem de bonis suorum fidelium conferri interdixit . contra juramentum praestitum , & pacis inter ipsum et ecclesiam reformatae foedera , nobiles privatos castris & ali●s bonis suis , uxoribus & liberis captivatis , loca sua proscriptos relinquere , domicilia in aliorum transferre coloniam : nutritos in croceis , amplexari stercora , & ad extremam cogit inopiam devenire . nec non dum afflictone comprimit simili pauperes , id tanto fortius deo displicere putamus , quanto verius ipsos credimus innocentes . quid plura ? baronibus , militibus & aliis hominibus ejusdem regni siciliae , ad fortunam & conditionem servorum inaudita crudelitate redactis : jam pro majori parte ipsius regni habitatores non habent de proprio unde s●ramine vili quiescere , ●uditates suas rudi sacco contegere , vel ventrem pene possent miliatio saturare . cumque ululatus & clamores dictarum ecclesiarum & hominum , a tempore dicti h. praedecessoris nostri , ecclesiae aures continua deploratione pulsassent , & jam vix possemus eos absque lae●●one conscientiae sub dissimulatione transire : ipsum super correctione dictorum scelerum non semel , sed pluries , nunciis & literis monuimus , ac longa patientia temporibus expectavimus retroactis , si forsan oculos suos ad coelos erigere , exutus veterem , novumque indutus hominem , manus suas a tanta perpetratione facinorum cohiberet . de petita insuper emendatione dubii adhuc , volentes statum ejus proprio processu gratulari , eo lombardiam cum armis intrante , mandavimus , ut in locis pro quacunque causa interdicto subjectis ipso praesente interdictum minime servaretur : & eundem fredericum nostris literis admonentes ut ne crucis negotium , quod ad utilitatem ecclesiae , imperii & totius populi christiani fuerit ordinatum , impedire valeret , praecise in nos compromitteret : ne si contra lombardos , armata manu procedens , tantam daret exempli perniciem ut praesumeretur a pluribus , quod caeteros ecclesia fefellisset . ceterum quia redintegrare scissuras shismatis , nostto incumbit officio servitutis ; pro sedanda imperii & lombardorum discordia , praestinum episcopum , commisso sibi legationis officio , illa consideratione potissime duximus destinandum , ut sibi & quibuscunque discordantibus , minori haberetur ratione suspectus , quo suis actibus minus sirmamenti odii vel amoris ingereret , qui a mundo & carne ex susceptione sanctae religionis abstractus , in divini amoris altitudinem evolasset . noster sibi destructor respondeat , quid ex hoc nobis & eidem episcopo poterit imputari , si placentiae inter patres , filios , affines , consanguineos , & germanos ordinata concordia , eo praesente & protestante , quod id salvis honoribus & juribus imperatoris & imperii , & quorumlibet aliorum fieret , consummationem accept ? quinimo idem blasphemus intelligat , sibi ad infamiam merito reputari , quod cum ad ipsius & nuntiorum suorum instantiam , venerabilem fratrem nostrum ostiensem episcopum filium nostrum t. tituli sanctae sabinae presbyterum cardinalem , pro pace juxta formam ab eisdem nunciis inter lombardos & imperium reformanda , ad partes misissemus ; easdem ▪ idem dictis legatis petita & ampliora adimplere paratis , & delusis nobis reformationem pacis per ipsos noluit acceptare . ecce , nunc intelligite , qualiter imperii jura conculcavimus . ex praemissis advertite , qualiter hic a nobis fuerit impeditus : quod longo & inani labore suos & suorum humeros decrevit prius conteri , quam passus extiterit per nos jura imperii reformari . praeterea , idem illatis ecclesiae non contentus injuriis , data quibusdam rebellibus nostris non modica summa pecuniae , seditionem contra nos in urbe molitus pluries commovere , ut nobis & fratribus nostris a sede nostra repuls●s , & concusso capite , fidei quod superaedificavit dominus , impulsu ejusdem frederici rueret leviori : ferrariam & quasdam alias terras ecclesiae , in lombardiam contra juramentum praestitum temere veniens , occupavit . super quo , & aliis credens detinere inanibus verbis dictos panormitanum archiepiscopum & alios nuntios suos cum literis de credentia , ad nostram duxerit praesentiam destinandos . quibus offerentibus nobis satisfactionem super praemissarum offensarum emendatione : venerabilem ante & post ipsorum a curia nostra recessum , terram sardiniae & maessan● lunensis diocesim occupare , ad romanam ecclesiam pertinentes , non omittens , ipso iacto , ne ultra ejus expectaremus correctionem edocuit : ac non debere fidem sibi vel suis nunciis adhiberi , operis evidentia demonstravit . ex quo illud solum in conscientia sua legens , quod cor ejus ad conterendas ecclesias & catholicam fidem dirigitur , de nobis , quibus se jam quocunque fraudis vellere occultare non potest , non immerito suspicatur ; quod ipsius potentiam habentes justitiae ratione suspectam , cum melius sit ante tempus occurrere , quam ; post inflicta vulnera remedium invenire , ad avertendas suorum progressuum semitas , officium legationis dicto notario commisimus : quod nequaquam juxta ipsius suspicionem id fecimus , sed ut per eum bellorum cladibus , animarum corporumque periculis obviare possemus . ex praemissis igitur & aliis nequeuntes de ipsius correctione sperare , & dolentes nos ejus promissionibus toties & toties fuisse delusos : praefatum fredericum , de fratrum nostrorum consilio , sententia excommunicationis durimus innodandum . quamqnam ex hoc perditum intellectum resumere , & coram deo potius humiliari deberet : eo tamen amplius inde furens , quo jam suam confusionem agnoscens , fortius veretur , ut ecclesiae obsterricante manu educatur colubris tortuosus . nos ex personae nostrae meritis indignos asserens , qualibet officii auctoritate papalis : per nos praedicta sententia minime potuisse constringi , suis praesumptuose literis asserit : & nos qui temporibus nostris patrimonium ecclesiae , per gratiam dei , non modice ampliavimus , de dilapidatione bonorum ecclesiasticorum , dispensationum processu , receptione munerum , & avaritiae vilitate redarguit . ac contra eum , ex illo quod contrahendis inter neptem nostram & naturalem ejus filium , sponsalibus petitum subtraxit assensum , provocari falso confingit : illud apertius mentiens quod longobardis contra eum & imperium corporale praestitimus sacramentum : seu quod totius orbis decimas terrae sanctae utilitatibus reservatas , convertere promiserimus in ejus compendium , si arbitrio nostro negotium exponeret longobardorum . fatemur autem , nos defectu meritorum nostrorum indigne christi esse vicarium : fatemur nos oneri tanto insufficientes existere , quod humana conditio non potest absque divino suffragio supportare ; nihilominus tamen , vices nobis commissas , prout melius nostra permittit fragilitas , exequentes , secundum quod locorum , temporum , personarum , & negotiorum qualitas & natura requirunt , disponenda disponimus : & cum excellentibus personis pure & secundum deum , cum necessitas id exposcit , de nostrae potestatis plenitudine dispensamus . veruntamen non est dolor quod sic profundo gladio ejus feriat animum , sicut dum terminos regum transgreditur , nec potest aggredi officia sacerdotum . propter quod idem qui pro auri fame dictum regnum siciliae jam redegit in cinerem , credens se , qui omni tempore vitae suae paucis pure , pluribus vero justitiam pretii venalitate corruptus exhibuit : quod in persona sua resuscitans magnum simonem , luto temporalium maculare possit ecclesiae puritatem , ut sic in spiritualibus grassari , & in suis permitteretur sordibus remanere : murum integritatis , ecclesiae multis , & specialiter oblatione castrorum ac parentela inter suos & nostros contrahenda , pro qua nos per quosdam magnos praelatos & nuncios suos pluries requisivit , tentavit infringere . nunc vero quia id nulla instantia nulloque ingenio , sicut est in curia nostra quasi notorium , a nobis potuit obtinere : quin potius se cum suis perditioni relictum arcium suarum fallaciis in pejus proficere jam agnoscit , quia nesciat ultra quid faciat : seipsum mendaci suo in aliorum detractione deturpat , more meretricis aegyptiacae , quae joseph invitavit ad stuprum , & ab ipsos contempta , apud virum suum volens accusavit invitum . unum quidem est de quo , etsi pro homine perditio sit dolendum , laetari non modicum & deo regratiari debetis : quod volenti domino diutius occultari non patitur : umbra mortis iste , qui gaudet se nominari praeambulum antichristi : non expectans propinquum suae confusioni judicium manibus propriis effosso suarum abominationum pariete , per dictas literas ejus suarum producit in lucem opera tenebrarum , in eis constanter proponens , quod per nos tanquam christi vicarium vinculo ercommunicationis astringi non potuit . sicque affirmans , non esse apud ecclesiam a domino beato petro , et ejus successoribus ligandi atque solvendi traditam potestatem , dum haeresim asserit , proprio sibi argumento concludit ; consequenter ostendens , quod male sentiat de caeteris fidei orthodorae articulis , dum ecclesiae , super quam fides fundata consistit , auferre nititur concessum * verbo dei privilegium potestatis . sed quia minus bene ab aliquibus credi possit , quod se verbis illaqueaverit oris sui , probationes in fidei victoriam sunt paratae : quia iste rex pestilentiae , a tribus baratoribus , ut ejus verbis utamur , scilicet christo jesu , moyse & machometo , totum mundum fuisse deceptum : & duobus eorum ingloria mortuis , ipsum jesum in ligno suspensum manifeste proponens : insuper dilucida voce affirmare , vel potius mentiri praesumpsit , quod omnes fatui sunt , qui credunt nasci de virgine deum , qui creavit naturam , & omnia potuisse . hanc haeresim illo errore confirmans , quod nullus nasci potuit , cujus conceptum viri & mulieris conjunctio non praecessit : & homo debet nihil aliud credere , nisi quod potest vi & ratione naturae probare . haec ; & alia multa , quibus verbis & factis catholicam fidem impugnavit , & impugnat , suo loco & tempore , sicut decet & expedit , manifeste * poterunt comprobari . quocirca ; universitatem vestram rogamus , monemus , & hortamur attente , in virtute obedientiae per apostolica scripta districte praecipiendo ; quatenus ne dictus fredericus corda fidelium fallacibus verbis subvertere , vel contagione sua possit quomodolibet gregem dominicum maculare , clero & populo vobis subditis , supradicta plene ac * fideliter exponatis . datum lateraui , duodecimo calend. junii , pontisicatus nostri anno decimo tertio . clausula suprascripta mittitur domino regicum literis praecedentibus , hoc modo : quocirca , serenitatem regiam monendam durimus et hortandam , quatenus supradicta tibi facias diligenter exponi , ne regalis innocentiae puritas possit verbis fallacibus maculari . datum laterani , &c. ut prius . haec igitur divulgata , & multis regibus ac principibus & magnatibus , mutatis tantum titulis , transmissa per orbem , timorem & horrorem , necnon admirationem cordibus fidelium incusserunt , & imperialem epistolam suspectam , licet probabilia continerent , reddiderunt , unde corda multorum , qui prius cum alterutro steterant , fluctuantia reddiderunt . it nisi romana avaritia devotionem populorum a domino papa plusquam expediret et deceret , avertisset : totus mundus hac epistola exasperatus , in imperatorem , quasi in manifestum hostem ecclesiae , et christi inimicum , graviter et unanimiter insurrexisset . sed proh dolor ! multi filii a patre suo papa avulsi sunt , & imperatori adhaerentes , asserebant ; quod odium inexorabile inter eos jam induratum , praedicta jurgia ec invectiones excogitatas excitabat . et injuste improperat dominus papa , quod eundem fredericum dilexerit , & promoverit in novitate creationis suae ; hoc enim totum factum est in odium othonis , quem ecclesia adjutorio frederici usque ad mortem persequebatur , quia dispersa imperii , secundum sacramentum suum , viriliter congregare caepit , sicut qui praesens est imperator fredericus facere proponit . unde hoc faciendo fredericus militavit ecclesiae , et plus tenetur ecclesia romana ipsi , quam imperator ecclesiae romanae rationabiliter teneatur obligatus . sentit ecclesia occidentalis , praecipue tamen religiosorum , & prae omnibus aliis devotissima deo anglicana ecclesiae , oppressiones romanorum quotidianas , nec adhuc unquam pressuras sensit imperiales . addiditque populus : quid sibi vult istud ? retroactis temporibus imposuit papa imperatori , quod ipse machometo legique saracenicae plus consensit , quam christo vel legi christianae : nunc autem in sua invectiva epistola imponit eidem , quod tam machometum , quam jesum vel moysem , quod horribile est recitare , vocat baratazem . in epistolis suis humiliter de deo seribit imperator & catholice ; nisi tantum quod hac ultima papali personae derogat , non officio , nec publice praedicat : nec procaciter sustinet quicquam haereticum ut novimus adhuc , vel prophanum : non usurarios nobis misit , vel raptores reddituum : ( as this pope and his predécessors did . ) et sic ortum est schisma in populis formidandum . diebus etiam illis , videns dominus papa robur & constantiam imperatoris nondum enervatam , sibi & romanae ecclesiae nondum incurvari , misit per totam alemanniam praelatis , magnificis , & alias manentibus , epistolas prolixas commonitorias , & praecepit districte , ut omnes insurgerent in suum imperatorem , deo et ecclesiae romanae rebellem , et eundem magnis convitiis diffamavit . absolvit etiam omnes , qui eidem fidelitatis iuramento tenebantur , astricti , persuadens ut essent in infidelitate fideles , in inobedientia obedientes : ( against st. pauls and st. peters doctrine , rom. . , to . tit. . . pet. . , , . ) sed tantum promeruit romanae ecclesiae improbitas omnibus execranda , quod a nullis , vel a paucis , meruit papalis auctoritas exaudiri . in ejusdem anm aestate , dominus imperator volens mediolanensibus proditoribus suis , bononiensium auxilia praecludere , in bononienses impetum fecit formidabilem . volebant enim in favorem papae & m diolanensium suorum , exire ad debellandum exercitum imperialem : cum ecce repente exeuntibus occurrit imperator , & suos inter cives & civitatem armatos interposuit , & civium cuneos terribiliter subito dissipavit . qui fugientes , per quaedam diverticula cupientes ad urbem remeare , sese in amnem , quem transire necesse habebant , praecipitaverunt : ita ut plures submersi , quam in ore gladii caesi , miserabiliter perierunt : ( a just reward of popish rebels against their soveraign . ) deinde , dominus imperator , postquam bononienses illi dextras dederunt , qui in cavitate remanserunt , direxit suorum armatorum legiones versus mediolanum . et in brevi temporis spatio , fossata sua , quibus se mediolanenses undique cinxerant , erectis machinis & applicatis pontibus multis , cum suo exercitu trans●it numeroso . unde timor & tremor cives invasit inopinabilis , & audito bononiensium infortunio , gemitus gemitibus cumularunt . unde negotium illud ad votum consummasset , nisi mota per papam periculosa perturbatio , ad partes ulteriores provocatum dominum imperatorem transtulisset . quod comperientes cives , facti animosiores , extulerunt caput , & per vicinia discurrentes , castra imperialia obsederunt . et per quendam legatum , quem ad consolationem eorum illuc dominus papa miserat , solidati , ferrariam obsederunt , hostiliter vallaverunt : nec ab eis nisi se absolute redderent , satisfactionem admiserunt obsessorum , hoc legato persuadente , & cives ad hoc mediolanenses immisericorditer compellente . circa dierum illorum curricula , dominus papa scripsit regi francorum , solemnes eidem nuncios destinando ; significans eidem , ut juberet epistolam suam coram ipso & toto baronagio franciae solemniter & memoriter legi & intelligi . cujus summa & tenor talis fuisse perhibetur . noverit dilectus filius ecclesiae spiritualis , illustris rex , & totum francorum baronagium , nos deliberatione & tractatu diligenti omnium fratrum nostrorum condemnasse , et a culmine imperiali abjudicasse fredericum dictum imperatorem , et robertum comitem fratrem regis francorum , loco ipsius elegisse substituendum : quem etiam omnibus nisibus ecclesia non tantum romana , sed universalis , duxit non segniter adjuvandum , & efficaciter promovendum . nullo igitur modo , tantum sponte oblatam dignitatem apertis brachiis suscipere ne pigritemini ; ad quam opes & operam abundanter effundemus consequendam . scelera enim praedicti frederici multiplicia , sicut jam novit mundus , eundem irrestaurabiliter condemnarunt . ad quod , inito consilio , circumspecta prudentia francorum respondit : quo spiritu vel ausu temerario papa tantum principem , quo non est major , imo nec par inter christianos , non convictum vel confessum de objectis sibi criminibus , exhaeredavit , et ab apice imperiali praecipitavit ? qui si meritis suis exigentibus deponendus esset , non nisi per generate concilium cassandus judicaretur . de transgressionibus suis non est hostibus suis fides adhihenda , quorum papa dignoscitur esse capitalis . vobis adhuc insons , imo bonus fuit vicinus , nec quid sinistri vidimus de eo in fidelitate saeculari , vel fide catholica . scimus autem , quod domino nostro jesu christo fideliter militavit , marinis & bellicis se periculis confidenter opponens . tantum religionis in papa non invenimus . imo qui eum debuit promovisse , & deo militantem protexisse , eum conatus est absentem confundere , & nequiter supplantare . nolumus nosmetipsos in tanta pericula praecipitare , ut ipsum fredericum tam potentem impugnemus , quem tot regna contra nos juvabunt , & causa justa praestabit adminiculum . quid ad romanos de prodiga sanguinis nostri effusione , dummodo suae irae satisfaceremus ? si eum per nos et alios devicerit , omnes principes mundi conculcabit , sumens ▪ cornua jactantiae et superbiam , quoniam ipsum fredericum magnum imperatorem contriverit . sed ne in vacuum papale mandatum videamur suscepisse , licet magis conster hoc ob odium imperatoris , quam nostri dilectionem ab ecclesia romana derivasse , mittemus nuncios prudentes ex nobis ad imperatorem , qui quomodo catholica sentiat , diligenter inquirant , nos super hoc certificaturos . et si nil nisi sanum invenerint , cur infestandus est ? sin autem , et ipsum , imo etiam ipsum papam , si male de deo senserit , vel quemlibet mortalium usque ad internecionem persequemur . quae cum audierunt nuncii papales , confusi recesserunt . adierunt igitur dominum imperatorem francorum nuncii solemnes , ipsi mandata quae a domino papa receperunt , seriatim nunciaturi . quod cum audisset dominus imperator , de immanitate odii stupefactus , respondit , se esse virum catholicum , christianum , sane de omnibus orthodoxae fidei articulis sentientem . et addidit , non placet domino meo jesu christo , ut unquam recedam a fide magnificorum patrum , & antecessorum , sequens vestigia perditorum . judicet autem dominus inter me & ipsum , qui me ita per orbem tam nequiter diffamavit . et tendens manus in coelum , lachrymis obortis , singultando exclamavit , deus ultionum dominus reddat ei retributionem . et conversus ad nuncios , ait : amici mei , & vicini charissimi , vere , quicquid dicat inimicus meus , sititor sanguinis mei , & honoris subversor , credo sicut alius christianus ; & si bellum mihi movere disponitis , non miremini si me defendam ab insurgentibus in me : spero enim , quod deus protector innocentium , me potenter liberabit . novit enim deus , quod papa in favorem mihi rebellium , praecipue mediolanensium haereticorum , contra me levat calcaneum , & insurgit iracundus . sed vobis totus in gratiarum actiones assurgo , quod voluistis ante assensum per responsionem meam de praesenti causa certificari . ad haec nuncii : nolit deus ut unquam ascendat in cor nostrum , ut aliquem christianum sine manifesta causa impugnemus . nec nos pulsat ambitio ; credimus enim dominum nostrum regem galliae , quem linea regii sanguinis provexit ad sceptra francorum regenda , excellentiorem esse aliquo imperatore , quem sola electio provehit voluntaria : sufficit domino comiti roberto , fratrem esse tanti regis . et his dictis , cum dilectione & gratia imperiali recesserunt . et sic in hoc proposito conatus papalis irritus evasit . persuasit interea dominus papa , & per praedicatorum & minorum ministerium provocavit multiformibus argumentis , ut sibi pecuniam undecunque abrasam in detrimentum imperatoris adquirerent . et facti sunt eo tempore praedicatores & minores regum consiliarii & nuncii speciales , ut sicut quondam mollibus induti in domibus regum erant , ita tunc qui vilibus vestiebantur , in domibus , cameris , & palatiis essent principum . vocavit eum dominus rex tunc temporis fratrem j. de sancto aegidio ad consilium suum . admirati sunt multi , quod preces fidelium non curavit dominus papa , sicut legitur de petro servato in carcere . the emperor justly incensed with these antichristian proceedings of the pope against him , resolved to march with an army to rome it self , to chastise him according to his demerits , and put a period to his vexations . sub illis quoque diebus , cum vidisset dominus imperator , quod papa non tantum sanguinem suum sitiret avidissime , imo in favorem rebellium mediolanensium haereticorum ad ejusdem vilissimam dejectionem anhelaret , relicto & ad horam suspenso belli quod proposuerat negotio , urbi , ut terribilior suis appareret , audacter coepit appropinquare : cui adventanti occurrerunt quasi domino suo viterbienses , cum aliis nobilium civitatum potentatibus & civibus reverenter cum honore , & cum numerosa romanorum multitudine : sicut ex tenore epistolae imperialis transmissae regi angliae colligi potest manifeste . fredericus dei gratia romanorum imperator , semper augustus , hierusalem & siciliae rex , illustri regi anglorum , dilecto sororio suo , salutem & syncerae dilectionis affectum . triplex doloris aculeus , qui cor nostrum quotidie pungit & stimulat , jam nos ultra flere non patitur , quin dolor intrinsecus prorumpat in gemitus , & gemitus exeant in clamores , dum per dissensionis novae materiam , ad quam universalis ecclesiae rector & pontifex , violenta nos quadam compulsione coegit , catholicae fidei detrimenta cognoscimus , eclipsim justitiae manifeste perspicimus , & terrae sanctae dispendium miserabiliter deploramus . sed illa non minus angustia perurgemur , quod hely sacerdotis oculi ●alligantes , nullum horum periculorum aspiciunt : sed tanta circa nos iracundia commovetur , tanta circa mediolanenses & eorum fautores rebelles imperii dilectione perstringitur : ut orbe toto dubii successus eventibus , vel fortunae periculis potius prorsus exposito , ad conculcandam imperii sacri justitiam , & mediolanensium rebellium nostrorum auxilium totus assurgat . nec nos super hoc laesae conscientiae stimulo pungimur , nec laedentis famae judicium expectamus : quin a multis retro temporibus , periculorum istorum omnium divina quadam inspiratione praesagi ; praesens semper evitaverimus scandalum , istius summi pontificis gratiam omnia quocunque potuimus ingenio , licet frustra , laboravimus obtinere : personae nostrae non parcendo laboribus , rerum nostrarum non cavendo dispendiis , & persaepe fidelium nostrorum vitam pro suis & ecclesiae romanae subsidus liberaliter exponendo . sed , quod dolentes referimus , nihil penitus cepimus toto tempore laborantes , nullam ab ipso pro nostris obsequiis affectionem retulimus : semper se contrarium nobis posuit , semper imperii sacri profectibus obviavit . imo quod crudelius ab omnibus debet reputari , existentibus nobis in ecclesiae sanctae subsidiis apud eum , civitatem castellae subtraxit imperio : prout per literas suas , quas castellani nobis noviter assignarunt , manifeste probatur . nihil tunc temporis etiam potuimus ab ipso de cunctis petitionibus nostris , nobis & imperio favorabile reportare . legato , quem tunc ipso tempore pro nobis se misisse dixit in syriam , ut aconensium & quorundam regni hierosolymitani nobilium , nobis & filio illatas injurias emendaret , authoritatem omnem per contrarias latentes literas , subsequenter ademit . eodem ipso tempore mediolanensibus ne contra fideles imperii cremonenses insurgerent , nec florentinis vesenenses fideles nostros offenderent , potuimus aliquas literas obtinere : cum nobis in auxilium ipsorum , ne indefensam dimitteremus ecclesiam , procedendi licentiam denegaret . in germaniam deinde procedentibus nobis , ad primogeniti filii nostri malitiam reprimendam , favorem omnem promisit ore tenus , sed per nuncium suum literas de credentia deferentem , principibus nostris nobiscum praesentibus in curia maguntina , sub omni qua potuit attestatione latenter injunxit , ne electioni filii nostri minoris vel cujushbet de domo & sanguine nostro modo quolibet consentirent . processum nostrum deinde in italiam ad reformandum imperium , in eadem per literas & nuncios suos , praesertim episcopum praenestensem , qui placentiam & mantuam omni qua potuit calliditatis fraude subjunxit , prout scivit & potuit , praepedivit . tandem , cum post obtentam faciente domino de mediolanensium strage victoriam , prodesse sibi furtivas hujusmodi legationes & literas non videret , ense nostrae justitiae , suae nequitiae fraudibus pravalente , processibus nostris coepit apertioribus obstaculis obviare : manifestius inhibendo civitatibus & nobilibus marchiae , anchonitensis , & vallis spoleti , de quibus auxiliari tenebatur imperium , non noceri , ne in lombardiam venire vel mittere milites attentarent . anchonitanis etiam & aliis locis maritimis , sub excommunicationis poenitentia , & banno decem millium marcarum , injunxit : ut venet is excellentiae nostrae rebellibus , contra mandatum & interdictum nostrum , quaeque necessaria ministrarent , prout haec omnia per literas suas evidentissime comprobantur . aliquibus etiam nobilibus marchiae tervisiae , quos imperii fide debiles & vacillantes effecerat , literas destinavit , ut a nobis manifeste recederent : pro certo scituris , quod nisi ordinationi , & mandato suo negotium lombardiae vellemus praecise committere , contra nos excommunicationis sententiam fulminaret . super quibus omnibus , dilectorum principum & aliorum fidelium nostrorum communicato consilio , qui nobis in obsidione brixiae tunc temporis assistebant : volentes , ut duximus , inter nos & ecclesiam scandalum praecavere , solemnes legatos nostros ad sedem apostolicam duximus transmittendos ; per quos , & de quibusdam aliis frivolis , quae in regno nostro siciliae contra jus & libertatem ecclesiae attemptata dicebat , satissactionem obtulimus ; & desideratam inter nos & ecclesiam unionem , nunciis & mutuis cautionibus roborandam , multoties dudum a nobis per innumerabiles nuncios expetitam , denuo repetivimus per eosdem . quam cum libenter affectare se diceret , modum cautionis & formam judicio nostro committens ; nunciis nostris & suis cum unionis & pacis concessae fiducia redeuntibus ad nos alacriter , omnino celatis , gregorio de monte longo ( quem pridem in lombardiam suspectum nobis & nostris simplicem nuncium habebamus , & quem de regione ipsa promiserat revocare ) contra nos & nostros , in eadem provincia legationis officium plene commisit . ad majoris quoque coaggerationem nequitiae , dum nos propter unionis promissae fiduciam reportaret incautos , per quosdam principes & fideles nostros admoneri mandavit super quibusdam gravaminibus , quae in regno nostro siciliae & urbe romana contra se & ecclesiam per nostros officiales & nuncios illata dicebat . ad quae omnia cum domino ipsorum admonitorum , ut minus aliorum quamplurium religiosorum judicio , serenitas nostra plenissime respondisset , responsionibus singulis ad singula capitula non contenti , verbum generale subjunximus : quod voluntatem & responsionem nostram in singulis suo judicio committebamus , & totum prout haec quamplurium praelatorum omni fide dignorum literis & testimonio manifeste comprobantur . et cum super his omnibus , nuncios nostros super responsionibus ipsis & satisfactione plenaria facienda , plena nostri culminis authoritate munitos ad ejus processus sul faciente astutia praecidendam : contra nos die palmarum , qui processibus talibus est prorsus insolitus , contra morem ecclesiae , perperam & injuriose processit . nos autem , qui processum hujusmodi temeritate plenum , et justitia vacuum habebamus , ad fratres suos literas & legatos transmisimus , generale petentes concilium convocari : in quo judicis corrupti nequitiam , ac imperii nostri justitiam & innocentiam nostram , argumentis arguere luce clarioribus spondebamus . super quo nedum quod justitiae nostrae delataratio fuerit , imo contra jus gentium , quod violari legatos & nuncios non permittit : praedictos nuncios nostros episcopos , iste qui scribitur servus servorum dei , turpissimo carceri mandavit intrudi . attendite igitur & videte , si sunt ista facta papalia , si sunt haec opera sanctitatis : et si compositae praedicationi conveniat in interitum mundi deducere , conculcare justitiam : et dissimulatis fidelium oculorum nostrorum judiciis , secundum infidelium mediolanensium faciem judicare . sed nec in his omnibus , cum contra nos spiritu oris sui licet perperam procedebat , ad justum imperialis vindictae judicium movebantur ; quousque ad extremam interemptionem nostram & manifestam exhaeredationem imperii se ostendit temporaliter prosilire ; dum nobis in marchia tervisina morantibus , ad pacificandam candem ( quam ob dissensiones continuas & antiquas passim stragibus occisorum invenimus rubricatam ) marchionem estensem , comitem sancti bonifacii , & alios nobiles regionis , qui ad suggestionem summi pontificis simul in necem nostram conjuraverant ; cum civitate tervisii , non modica data pecuniae quantitate , fecit nobis et imperio rebellare . civitatem nostram ravenna , per paulum transurarum antea fidelissimum nobis , & factum postmodum per corruptionem papalis pecuniae proditorem , tractante magistro legato cardinali , tunc marchiae & imperio subtrahens , & ab eis sibi & ecclesiae , tanquam princeps & pontifex , sacramenta fuscepit ; & plateas publicas per marchiam & ducatum , quem ab imperio detinebat , nunciis ad nos venientibus & necessaria nobis & exercitui nostro deferentibus , praecludi mandavit ; adeo quod nonnullos ex eis , more praedonio , bonis omnibus spoliatos , carceri mancipare praesumpsit . haec omnia faciens , ut nos & milites nostros tam italos quam germanos , vel famae perimeret ▪ vel ab obsidione mediolanensium & nostrorum depopulatione rebellium , necessario revocaret . quibus omnibus non contentus , contra nos & imperium se belli ducem & principem manifeste constituit ; mediolanensium & aliorum infidelium proditorum causam , suam propriam faciens , & ipsorum negotium ad se manifeste convertens , praefectos mediolanensis , imo verius papalis exercitus , statuens , loco sui gregorium de monte longo , praedictum , & fratrem leonem ministrum ordinis fratrum minorum , qui non solum accincti gladiis & loricis induti , falsas militum imagines ostendebant , verum etiam praedicationi insistentes , mediolanenses & alios , quicunque nostram & nostrorum personam offenderant , a peccatis omnibus absolvebant . hodie quidem praedicti legatus & frater , contra nos & imperium se scribunt rectores & dominos : per quod evidenter datur intelligi , quod papa non solum sit infidelium fautor , quos omnes pro majori parte publica mundi lingua testatur haereticos : sed in praejudicium et exhaeredationem imperii , sibi mediolani regimen et dominium temporaliter usurpavit . iam igitur ultra justo judicio tot provocati dispendiis , tot injuriis lacessiti , manus nostras continere nequivimus : quin apprehenderemus arma & scutum , nostram & totius imperii causam contra publicum hostem publice contra temporalem temporaliter prosequentes , filialem illi nequivimus amplius dilectionem ostendere : quia nedum quod affectionis paternae dulcedinem nobis non redderet , nec dum injuriis exhaeredationis afficeret , sed vitam nostram et sanguinem crudeliter sitiebat . sed liguriae partibus , quae in deditionem nostram venerant , militum & balistariorum praesidio , non sine multis aerarii nostri dispendiis , prout expedit comminutis , ac in peregrinatione tusciae multis imperii juribus reformatis , praemisso nihilominus h. benigno filio nostro , illustri regi turrium & galluris , sacri imperii in italia legato , ad anchonitanam marchiam revocandam , nos personaliter versus ducatum spoleti , ac partes urbi vicinas , erectis aquilarum nostrarum victricibus signis , convertimus ; totam terram nostris processibus occurrentem , usque viterbium , civitatibus admodum paucis exceptis ; propter tam graves et infestos , ingratitudinem et offensam , ad jus et proprietatem imperii revocantes . a viterbiensibus autem & locis ac civitatibus circumvicinis , cum summa devotione recepti , dum , jam hosti & adversario nostram ostenderemus potentiam , è vicino timore terribili licet juste perterritus , tamen per seram poenitentiam sibi non crederet posse consulere , in profundum desperationis immersus , ac viribus propriis omnino diffisus , romano populo clamante nostrum ad urbem gratanter accessum ; garsones quosdam & vetulas , necnon & paucos admodum conductivos milites , veris praeter solitum profusis lachrymis exoravit , ut contra nos crucem assumerent ; in sua praedicatione mentitus , quod nos ad eversionem romanae ecclesiae ac violationem sacrarum reliquiarum beatisiimorum apostolorum petri & pauli , procedere nitebamur . excuset igitur recto judicio magnificentia regia motum nostrum , ad quem nos adversarii nostri malignitas impulit ; et quem , ad conservandum non magis imperii quam omnium regum et principum terrae decus , justitia persuasit . uosque prae caeteris orbis regibus causam nostram tanto ferventiori favore debetis assumere : tantoque securius confovere : quanto velut totius oneris et honoris nostri participes , ac per nos ad istarum omnium moderamen , si bene recolitis , confidenter assumpti , et ab adversa parte contempti , innocentiam nostram et imperii nostri justitiam puriori zelo ac sinceriori potestatis conscientia confovere . datum viterbii . his igitur per orbem auditis & cognitis , fama domini papae et auctoritas magnam subiit ruinam et detrimentum : et subortum est scandalum , et coeperunt viri prudentes et sancti timere vehementer de ecclesiae , et domini papae , et totius cleri honore ; et formidare ne dominus in furore maximo populum suum insanabili vulnere sauciaret . in octavis vero epiphaniae , congregati sunt londini archiepiscopi & episcopi cum multis aliis magnatibus , praesente etiam legato , reponentes querimoniam gravissimam coram rege in curia sua super variis injuriis , & oppressionibus & quotidianis desolationibus illatis ecclesiae per iniquum regis consilium ( especially by this legate ) contra suas chartas & juramanta temere veniendo , nec patitur suis pastoribus viduatas ecclesias , restitutas respirare : sed ut ab eisdem ecclesiastica bona variis argumentis extorquent , annis plurimis eas in manu sua detinet , nec patitur electiones canonicas celebrari : super quibus injuriis illatis , & diatim multiplicatis , omnes se asserunt vehementer admirari , cum ipse rex toties juraverit , se jura ecclesiastica illibata conservare , ipsomet audiente , & candelam tenente , quod omnes episcopi in violatores libertatum ecclesiasticarum , simul sententiam sulminabant , in cujus sententiae consummatione , rex ut alii , suam candelam extinxit inclinando . et erant contra regem in querimoniis episcoporum capitula circiter . et eatenus processum est , quod la●a sit iterum sententia terribiliter nimis in omnes regis consiliarios , qui ejus animum ad praedicta enormia conabantur inclinare . et nondum negotiis in concilio praedicto perfecte expeditis , venerunt ab imperatore duo nuncii ad regem , per quos ei literatorie significavit dominus imperator , se non immerito nimis admirari , quod ipsum sinebat sine aliqua contradictione in sua christianissima terra tam horribiliter et irrationabiliter excommunicari . et quod ob●●tus foederis maritalis & amicitiae inter eos initiatae per matrimonium isabellae jam imperatricis , ipsius supremi principis statum & famam permittebat denigrari . quamobrem hujus rei coadjutorem , scilicet legatum , quem rex inconsulte in regnum suum vocaverat , exposcit a finibus angliae propulsari , quia ipsum inimicum suum & regni angliae esse veraciter affirmavit : abrasit enim undecunque impudenter omnem quam potuit pecuniam , ut papae satisfaceret avaritiae et imperialem confunderet dignitatem . quibus nunciis rex inito consilio , respondit ; quod oportuit ipsum papalibus et ecclesiasticis mandatis obedire pronius caeteris principibus mundi , praesertim cum tributarius vel feudarius papae esse de jure comprobetur : et sic se excusando , turpiter accusavit ; rex vero , sperans in hoc placere imperatori , scripsit papae supplicans attentius , ut ipse gratia affinitatis mitius ageret cum imperatore . quod cum papa audisset , in iram vehementem resolutus , contumeliosa in haec verba prorupit : vere non invenitur in anglia quis fidelis . et ab ejus ore verbum rapuit quidam ibidem existens ex parte regis , dicens : pater sancte , idcirco non miremini , si rex angliae suis anglicis fidem non perhibeat , sed alienigenis : quia vix est aliquis hodie anglicus , cui fides debeat perhiberi . et qui verbum protulit , erat , ut dicitur , magister simon normannus , pro quibus verbis utrobique prolatis , magister robertus de sum●rcote cardinalis in iram magnam commotus , & ipsam , ne in jurg●a prorumperet , more sapientis compressit . erat nempe natione anglicus : & domino papae , qui eum creaverat , in omnibus adversitatibus fideliter adhaesit . rex autem cum ad se reversus timuisset , ne s●bi aliquid sinistri contingeret , eo quod tam familiarem occultum inimicum regni , scilicet legatum , habuisset : ei consuluit in bona fide , ne per moram suam in anglia imperialem magnitudinem amplius in iracundiam provocaret , sed festinanter transalpinans , papae & sibi consuleret . cui legatus ait : me vocasti a curia , conductum salvum a te requiro , ut salvus redeam . imperiales vero nuncii , de quibus mentionem ante fecimus , cum haec omnia cognovissent , ad dominum suum redierunt : omnia quae viderant & audierant , ut sagaces exploratores , nunciaturi . legatus interea , sui non oblitus , nummos & redditus non segniter sibi rapuit : procurationesque sibi dari compellens , mittebat episcopis & archidiaconis districta mandata , circa festum annuntiationis beatae mariae , in haec verba . otto , miseratione divina , &c. discreto viro , illi episcopo , vel archidiacono , salutem . cum necesse habeamus de mandato summi pontificis , moram trahere longiorem , nec possumus propriis stipendiis militare : discretioni vestrae , qua fungimur auctoritate , mandamus , et quaesumus , ut procurationes nobis debitas in episcopatu vel archidiaconatu vestro , colligi facias nostro nomine diligenter : eas quam citius poteritis nobis transmissuri , contradictores per censuram ecclesiasticam compescendo . proviso quod quaelibet procuratio , summam quatuor marcarum aliquatenus non excedat . et ubi una ecclesia non sufficiet ad procurationem hujusmodi habendam , duae pariter unam solvant datum londini , decimo quinto calend. martii , anno pontificatus domini gregorii papae decimo tertio . eodem tempore , dominus legatus accepit in mandatis domini papae , ut jam excogitato alio argumento pecuniam a fidelibus abraderet ; hoc modo ● qui per sequens scriptum diligenti lectori satis manifestatur . ille , vel ille episcopus , dilectis in christo filiis omnibus archidiaconis per diocaesim fuam constitutis , salutem . literas domini legati suscepimus in haec verba . otto , &c. cum , sicut intelleximus , nonnulli crucesignati regni angliae , qui sunt inhabiles ad pugnandum , ad sedem apostolicam accedant , ut ibidem a voto crucis absolvi valeant : & nos nuper recepimus a summo pontifice in mandatis , ut tales non solum absolvere , verum etiam ad redimenda vota sua compellere debeamus : volentes eorum parcere laboribus & expensis , paternitati vestrae qua fungimur authoritate , mandamus , & quaesumus , ut potestatem praedictam , a summo pontifice nobis concessam , faciatis in vestris diocaesibus sine mora qualibet publicari ; ut praefati crucesignati ad nos accedere valeant , beneficium super hoc juxta formam nobis traditam accepturi . datum londini , xv . calend. martii , anno pontificatus domini gregorii papae decimo tertio . these unparalleld exactions opened the kings eyes by degrees , to consider , oppose , and redresse them in some measure . temporibus sub eisdem , oculi regis aperti sunt , & caursinis , praecipue senonensibus , terram suam interdixit : qui terram suam mundissimam , iniquis exactionibus palliatae usurae macularunt . ipsi autem moleste ferentes & dolentes tales se pascuas amissuros , data pecunia , quae nimis solet impios justificare , adhuc pro magna parte latuerunt . such was the corruption of that age . eisdemque temporibus inceperunt ipsi praedicatores fratres & minores , & alii viri literati , praecipue theologi , crucesignatos absolvere a voto suo , accepta tamen pecunia quanta sufficere videbatur unicuique ad viaticum ultramarinum . et factum est in populo scandalum cum schismate . absurdum enim videbatur etiam simplicibus , quam diversis muscipulis simplicem dei populum substantia sua moliebatur romana curia privare , nihil petens nisi aurum et argentum . the only god they adored . proposuit etiam dominus papa eodem tempore , et dignum censuit extorquere quintam partem bonorum , in redditibus ultramarinorum clericorum beneficiatorum in anglia ad ingerendum gravamen imperatori , quem undique pericula inimicorum cingebant , quos papa per pecuniam , ab anglia collectam et extorram , sustentabat . nec desinebat interim omnes absolvere , qui eidem imperatori fidelitate tenebantur : et induratum est odium horribile , diatim suscipiens incrementum . dicebant etiam regi sui fideles : domine , princeps nominatissime , quare permittis angliam fieri in praedam et desolationem transeuntium , quasi vineam sine maceria omni communem viatori , ab apris exterminandam : cum habeas efficax privilegium , ut non fiant tales in regno isto exactiones : nec sit dignus privilegio , qui eo concesso abutatur ? quibus talia persuadentibus ait , nec volo , nec audeo domino papae in aliquibus contradicere . ( such was his pusilanimity . ) et facta est in populis desperatio nimis deploranda . ejusdem anni spatio , convenerunt apud radingum omnes angliae archiepiscopi , episcopi , & majores abbates , & quidam magnates regni , papale mandatum a domino legato explicandum , audituri . quo cum pervenissent ▪ legatus facto prolixo sermone , ut s●bi corda audientium inclinaret , tandem varias pressuras , quas pro justitia ecclesiae sustinuit dominus papa , sustinendo insultus frederici dicti imperatoris omnibus pa●efeci● . exigebat igitur instanter ex parte ipsius papae , quintam partem bonorum suorum : quibus suffultus , injurias tam validi inimici valeret propulsare . cui inito consilio , responderunt episcopi , quod nullo modo tam importabile onus , quod universalem tangebat ecclesiam , subirent , sine prolixi consilii diligenti deliberatione . et idcirco datus est illis dies remotior super hoc magno mandato deliberationis . comes vero richardus , & alii magnates crucesignati , ibidem existentes , illis omnibus , qui●bidem congregati fuerant , valedicebant ; quia parati fuerant iter hierosolymitanum arripere . quod cum vidissent omnes praelati , in lachrymas resoluti , dixerunt comiti richardo : cur nos comes , spes post regem unica , deseris ? an t cui nos desolatos relinquis ? invadent nos in absentia tua alienigenae rapaces . comes vero uni pro omnibus , scilicet archiepiscopo cantuariensi , flebiliter respondit : pater mi & domine , certe et si non essem crucesignatus , abirem tamen , & absentarem me , ne viderem mala gentis nostrae , et regni desolationem , quam credor posse , cum non possim , impedire . the popes legate excommunicating the emperor , and indefatigably collecting , extorting monies throughout england , and the kings dominions , to carry on his wars against the emperor , he thereupon sent a just reprehensive letter to the king his brother-in-law , thus related . eodem tempore , significavit dominus imperator regi angliae , quod mirabatur supra modum , quod tam inconsulte thesaurum suum , in detrimentum suum , alienigenis distribuisset , scribens ei in haec verba . fredericus dei gratia romanorum imperator , semper augustus , hierusalem & siciliae rex , illustri regi anglorum , salutem & sincerae dilectionis affectum . cum inter reges orbis & principes affinitas interdum & matrimonium contrahitur , tanto magis inter eos affectio debet vel unio potius suboriri , quanto majores aliis , & in altioribus positi speculis dignitatum , virtutum inferioribus debent exempla porrigere : quantoque per unanimes voluntates ipsorum pax & concordia firmior crescit in populis , honores servantur in alterutrum in suorumque roborantur in posterum jura regnorum . et cum hujus fructum ex affinitate nostra , nobis & vobis crediderimus hactenus proventurum ( praesertim cum obligationem cognationis nostrae firmaverint sacra sequentium pignora filiorum ) totum intentioni nostrae contrarium , quod dolentes & inviti referimus , experimur . dum praeter id quod illatam nobis per romanum pontificem manifestam injuriam , quam nobis prae caeteris terrae principibus prorsus intolerabilem credebamus , conniventibus oculis pertransisse , iniquam ipsius contra nos et plenam odio carnali sententiam permittendo , vobis audientibus et scientibus , non sine multa nostri injuria , et imperii verecundia et jactura , per regnum vestrum undique publicari , nunc , prout certo comperimus ; eidem capitali inimico nostro fatue obediendo , honorem nostrum et sanguinem sitienti , de ecclesiis regni vestri ac praedecessorum vestrorum , quos reputari nostros nostra compellit affinitas , pia largitione ditatis , ad impugnationem nostram pecuniaria sinitis subsidia , tallias , et collectas ministrari . attendat igitur industria regia , callidis non circumventa consiliis , si vos deceat et vobis expediat sororium & fratrem , aut saltem amicum , seu postremo quenquam regem , aut principem , cui non indixeritis praelium , sicut est regni juris et moris , pecuniae vestrae viribus impugnari . et quid refert auro et argento , vel armis , per vos , vel patientibus vobis , hostis nostri praesidia muniantur ? praesertim cum ab experto sciamus , quod majoris auxilii manum contra nos , papae porrigere non possetis , quam si de regno vestro permittatis pecuniam ministrari , de qua mediolanensibus & aliis proditoribus nostris stipendiarios milites pollicetur ▪ per quam devotos & fideles nostros a fidelitate nostra seducere nititur ; adeoque quod aliquorum debilium fidem , in evidentem infamiam , & non minus in perpetuum eorum exitium , est hujus pretii venalitate mercatus . pro deo , frater charissime , non primum istud a vobis incipiat , vel contra nos saltem ▪ quod gratis reges a regibus imp●gnentur : nec sic cervicem regiam papalis domini jugum premat , ut in offensam evangelici dogmatis et naturae , proximum , sororium , et amicum , imo fratrem , vos in tantum delectet offendere : maxime cum in instanti negotio non magis nostra , quam vestra , et aliorum regum et principum , si sane diligenterque attenderitis , per consequens res agatur . quocirca serenitatem regiam praesentium tenore affectuose requirimus ac rogamus , quatenus industriam ac potentiam vestram talibus , ex quibus tantum obstaculum formidamus , sicut amorem & honorem nostrum diligitis , tam strenue quam viriliter opponatis ; non permittentes de redditibus , talliis , collectis , aut aliquibus aliis obventionibus regni vestri , pecuniam aliquam ad romanam curiam deportari . nec istud vos decet aut expedit conniventia qualibet aut dissimulatione pertransire ; sicut vos non velle●s , quod contra vos á nobis & nostris qualiacunque petita vel petenda suffragia daremus aliquibus , vel modo quolibet dari pateremur . alioqui ▪ ne , dum simili , sed justitiori , per vos instruamur exemplo , & iis , qui vobis attinent , & quibus vinculo veteris dilectionis astringimur , hucusque negata , contra vos & regnum vestrum , largiremur ; dum vos papa in prosecutione justitiae nostrae favorabiles invenerit , qui vobis in nullo penitus attinet , nisi quod gloriatur , quod non sine multa verecundia dicimus , in vobis habere dominii ligii potestatem . super praemissis autem singulis , & super aliis omnibus servitiis nostris in ipsis partibus procurandis , ecce mittimus vobis h. chalbaot , militem & fidelem nostrum , latorem praesentium : dilectionem vestram rogantes attentius , quatenus ea quae vobis ex parte nostra dixerit , sicut personae nostrae indubitanter dilectio vestra credat , & adimpleat cum effectu : ac per ipsum praecise ac determinate respondeat , quicquid de praedictis omnibus providerit & ordinaverit faciendum . volumus enim in instantibus negotiis esse certi , a quibus debeamus expectare consilium , & a quibus sit cavendum . et quia verbum domini imperatoris positum fuit in ore ipsius nuncii , dicti h. chalbaot , in magna parte mutilata est praesens amicabilis epistola , & multa sunt taciturnitate praetermissa . rex vero respondit rescribendo , quod voluntati papae non est ausus contradicere : sed mirabatur supra modum , quod soror sua imperatrix non adhuc coronam in locis & civitatibus solennibus , in imperio magnifice portavit . the emperor this year to curb the pope , and put a period to his vexations : * captis treugis cum mediolanensibus & bononiensibus , vel quali quali pace ad modicum suspensiva : dominus imperator partes urbi vicinas copioso stipatus exercitu consultius peragravit , & urbes & oppida suo dominio mancipavit : exemplum a viterbio civibus & oppidanis capientibus . unde papa suae causae diffidens , in abyssum desperationis est demersus : & relinquerunt eum recedentes ab eo multi cardinalium , ut vix eum , quem suo solo impetu videbant plus efferri , quam fraeno regi rationis & consilii , aliquis , praeter magistrum robertum de sumercote , qui eum non potuit prae verecundia dimittere , quia ipsum creaverat , amplius sequeretur . hereupon the pope , to divert the emperor from rome , stirred up the earl of flanders to war upon the emperor , and to invade his territories and friends ; and procured the earl of province , and king of france to war upon the earl of tholouse , filling christendome with bloody wars : by means whereof the christians , destitute of relief , were routed and miserably oppressed by the saracens in the holy land : upon which the emperor , condoling their misfortune , sent a letter to king henry the ● . wherein he manifested the popes indiscretion , and quarrels with him , detaining him from that expedition , to be the chief cause of their misfortune . in this letter he recited , that praesens romanus pontifex , nostri sermonis & operis malignus interpres , quasi discrimen nostrae religionis & catholicae fidei in dilatione commodi temporis ageretur , crebris monitis , mandatis & minis crucesignatos ad transitum coepit impellere : alligans aliis , juxta sacrae scripturae verbum , onera gravia , quae digito suo movere recusat . quod cum ad nostram notitiam pervenisset , eundem antistitem multoties iterata prece rogavimus , ne tantum opus , quod deliberationem consilii , opportunitatem temporis , & grandem apparatum rerum & hominum exigebat , volubilitati & praecipitio fortunae committeret : nec servitium jesu christi , & terrae sanctae subsidium , quod nostrum & tantorum animos virorum accenderat , improvida celeritate confunderet , &c. sed iste romanus antistes , haec omnia parvi pendens , ut in odium nostrum universa cogeret ad ruinam , crucesignatis acrius institit , ut transirent ; non attendentes , quod christianorum reliquiae de partibus transmarinis , quae cum hostibus salutiferae crucis treugarum nostrarum foedere quiescebant , ex motu crucesignatorum violato foedere , poterant gladii periculis & famis exponi , cum non posset eis de subventione sceleri subveniri ac provideri . tandem , intellecto quod idem papa crucesignatis eisdem de transitu literas terribiliter iteraret , scripsimus eis ut per regnum nostrum ad transitum properarent : & quod parati eramus quibuscunque possemus eis hilari munificentia subvenire , &c. his auditis , dominus imperator multorum corda sibi conciliavit ; & coeperunt multi stare cum eo , qui in amore & reverentia ejus prius vacillabant . romanorum etiam populus , spretis promissionibus papalibus , imperiali celsitudini coepit firmiter adhaerere . senatores quoque cum magnatibus urbis , praeclaris sanguine , ipsi imperatori dextras dederunt . creatus enim erat unus senator romae auctoritate imperiali , anno tertio praecedenti . vnde ex tunc congregati sunt cardinales , dicentes , quod noluerunt papales impetus in periculum totius christianitatis amplius tolerare . igitur significaverunt cardinales , inito prolixiori concilio , domino etiam imperatore consentiente et petente ; quod juxta petitionem suam bene volebant , ut convocaretur concilium generale , sub quanta posset competenter celeritate , & rite celebrandum . praefixus est igitur dies concilii , proximo advenientis die paschae : ut ea die cum resurgente domino , resurgens ecclesia valeat foeliciter respirare . in fine vero aestatis , comperiens legatus papam cum imperatore treugas usque ad concilium in proximo pascha celebrandum accepisse , iratus valde , significavit eidem , quod effoeminatus animo , & pusillanimis frangebatur , mersus in desperationem . et immerito , cum in sola francia jam collectam adunaverat in auxilium suum pecuniam , unde per annum integrum bellum consertum contra imperatorem valeret indubitanter intrepidus continuare . unde papa haec audiens , poenitens & dolens quod treugas acceperat , vocavit magistrum johannem de collumpna , & dominum reimundum , excellentes cardinales , dictarum treugarum mediatores , & adversus imperatorem intercessores . et dixit johanni : confundor in memetipso quod treugas concessi inimico ecclesiae frederico . vade igitur tu , qui interpres fuisti super hoc inter nos , festinus ad ipsum , ipsas me nolle acceptare denuncians , me illi inimicum fore ex hoc nunc & antea , sub diffidutiatione audacter attestando : ( a message more becoming the devils vicar general , then christs , the prince of peace . ) cui johannes : absit domine haec levitas verborum in ore tanti viri , ad tantum principem destinanda , praecipue per nos , qui non vulgares reputamur : huic enim consilio instabilitatis ac infidelitatis nequaquam consentio , sed constanter contradico . cui papa : nec ego de caetero te habeo pro cardinali . et ait ei johannes : nec ego te pro papa . et sic recessit , de amico factus adversarius . juxta illud : quidam imperator injuriosus dixit in ira & superbia cuidam suo senatori : recede , non te amplius pro senatore habeo . cui senator intrepidus : nec ego te pro imperatore . sicut subditus domino , ita dominus subdito tenetur . quod cum regi francorum innotuisset , praecepit pecuniam totam , quam in terra sua mellitis sermocinationibus & fellitis comminationibus ab universitate cleri , rege permittente , messuerat , ab eodem legato extortam , in terra sua , donec rei exitum videret , reservari , ut sic saltem , etsi invitus , papa fidelis , qui vicarius christi in terris nuncupatur , inveniretur . et sic durabant treugae adhuc inter eos inviolatae , exceptis tamen imperialibus inimicis , scilicet mediolanensibus , & quibusdam aliis italicis , de quibus non pertinebat ad papam sollicitari , sicut fuit ab initio in treugarum compositione primitiva . the pope being thus disappointed of his rapines in france , to carry on his wars , contrived to make up his prey in england by this politick stratagem . papa vero de pecunia congreganda vigil contemplator , ab anglia praedam desideratam expectans , significavit legato , ut non sicut prius omnem simul clerum convenire attemptet , ne forte audaciam alterutrum accipientes , pristinis rationibus & exceptionibus fulciantur contradicentes : imo potius singulatim quemlibet eorum conveniendo flectere conetur . prius tamen omnibus modis constantia regis enervata , ut qui cum clero ante stetit , & ei dederat cornua , effoeminatus fiat ei ad ruinam . haec cum intellexisset legatus , de docto factus doctior ad nocendum , clerum angliae universaliter londinum , authoritate papae , coram eo in festo omnium sanctorum , convocavit . ubi clerus congregatus simul cum religiosis , regem invenerunt adversantem eis , quasi inimicum manifestum : & factus est illis baculus harundineus in quo fulti confidenter vulnerantur per fragmenta . videntes igitur tam religiosi quam archidiaconi & clerici beneficiati , qui ad contradicendum legato in faciem , & ad instans concilium appellandum proprio spiritu erecti animabantur , quod facti sunt velut oves traditae rictibus luporum cruentatis , mellitis & super oleum mollitis legati seductionibus , quas postea in jacula convertit , consenserunt . the emperour informed of the popes designs against him , to break off the truce , raise monies to make wars against him , and the ill consequences that might arise if the general council should assemble at the time appointed , sent letters to the king of england and others , prohibiting the repair of any bishops to this council , rendring substantial reasons for it , expressed in the letter and other writings , in pursuit thereof : sub eisdem etiam dierum curriculis scripsit dominus im erator regi anglorum in haec verba . imperator regi , salutem . qualiter ad multam instantiam lombardorum romanae sedis antistes contra nos inconsulto calore processerit , satis vos publica fama perdocuit . qualiter etiam prius quam contra nos , religionis debito & pontificatus gravitate depositis , hostiliter arma capiens , se ducem & principem nostrorum rebellium stabiliret , nos universale concilium , & specialiter nunciorum vestrorum praesentiam petissemus , serenitatem regiam credimus non latere . demum , notitiam vestram non latuit , qualiter ad quorundam ex fratribus ejus instantiam , qui pro reparatione tanti discriminis remedia cogitabant , praeter omnium requirentium spem , nostra magnificentia condescendit , ut lombardis prorsus exclusis , permitteremus eundem ab insuetis infestationibus sacerdotum per temporale treugarum subsidium respirare , utpote qui libenter pro sedatione scandali generalis , & terrae sanctae subsidio procurando , reperiri modos & vias patiebamur ad pacem . sed ipse lombardos eosdem , quibus confoederatus fuerat , a treugarum nostrarum foedere non est passus excludi , totius orbis dissidio mediolanensium ac ipsorum sequacium suffragia praeferendo . cui cum aliquatenus assentire nollemus , ut laesae majestatis nostrae reos sub praedictarum treugarum involucro pateremur involvi , vel ipsos ullo modo papae praesidio communiri , tandem postquam vidit eosdem rebelles nostros propria virtute deficere , nec ipsis posse temporalia remedia saltem quiete afferre , ad artes alias postmodum se convertit , satagens nos per venerabilem brixensem episcopum , ad nostram praesentiam accedentem , inducere , ut cum pro reformatione pacis inter nos & ecclesiam , ut dicebat , quamplurium regum nuncios ac nonnullos de occidentalibus partibus principes & praelatos ad synodum intenderet convocare , lombardos praedictos excellentiae nostrae inimicos , in treugis cum ipso usque in proximum festum resurrectionis dominicae contrahendis , comprehendere deberemus , causam fingens , ut ex universalibus treugis , vocatis ad synodum securitas largior praeberetur . audite mirabilem circumventionis modum , ad depressionem nostrae justitiae excogitatum , dum pacem nobiscum habere velle se simulat , ut lombardos , ad tempus per treugarum suffragia respirantes , contra nos fortius postmodum in rebellione confirmet , utque contra nos ad discordiam se medio tempore pervenientium praelatorum ad vocationem suam subsidia licentius praeparet , speciem nobis concordiae pollicetur . et ut evidenter ad oculum videatis , quod pro discordia potius concilium advocet , quam pro pace , formam hujusmodi advocationis attendite . in qua nihil omnino de futurae pacis tractatu describitur , nisi pro magnis & arduis ecclesiae romanae negotiis vocatorum praesentiam asserat opportunam . tempus inspicite , dum legatum nobis ante concilium , postquam nos & aggressus hostiliter , nititur convocare . considerate personas , dum spretis magnificentiae vestrae nunciis , per quos sibi tractatum pacis hujusmodi frequentius obtulistis , nunc provinciae comitem , manifestum excellentiae nostrae rebellem , ducem venetorum , marchionem ostiensem , comitem s. bonifacii , albericum de romandiola , biackinum , gugsinum de camino , & paulum traversanum , cum quibus in malum nostrum , data eis pecunia , prout est publica voce notorium , conjuravit , vocat expressis nominibus ad synodum supradictam . veruntamen ob reverentiam summi regis , sic nominato episcopo duximus respondendum , quod nos cum sacrosancta romana ecclesia matre nostra discordiam non habemus aliquam , sed ab hujusmodi romani pontificis impetu justitiam imperii nostri defendimus , & injuriam propulsamus . nihilominus tamen , cum ipso semper pacem habere optavimus & optamus , per quod generale mundi dissidium evitemus . et ut tractatus pacis a remotioribus partibus non quaeratur , per eundem episcopum ac alios bonos viros , justitiae nostrae conscios , & communis concordiae zelatores , ad praesentem tractatum pacis , ut mala de medio citius auferantur , obtulimus nos paratos ; treugas etiam , licet nobis tanquam ad belli praesidia munitis infestas , inire concessimus cum eodem ; sperantes per eos , velut per quandam salutiferam scalam , posse facilius ad excelsa palatia pacis ascendi . lombardos tamen excellentiae nostrae rebelles , a nexu treugarum hujusmodi , sicut semper exclusimus , sic in perpetuum excludemus ; nec inter nos & eum , praesente discrimine , vocari concilium per eundem , velut hostem publicum imperii , permittemus : praesertim cum nobis , imperio , et omnibus terrae primatibus indecentissimum judicemus , honoris nostri causam suspecto foro subjicere , vel judicio synodali : sed omnibus ad concilium ipsum convocatis , per terram nostrae ditioni subjectam , in personis & rebus securitatem denegamus . quamobrem serenitatem regiam praesentibus exhortamur , quatenus per praelatos omnes & singulos regni vestri , edicti regii vulgato programmate divulgetis ; ut nullus sub securitatis nostrae fiducia ad synodum ipsam accedat . nos enim quantumcunque regni vestri fidelibus , ob amorem praecipuum quem erga vos gerimus , libentissime deferamus ; praesumptuosam tamen audaciam eorum , qui ad inimici nostri vocationem accederent , nos non deceret ullatenus aequanimiter tolerare . datum in castris , in obsidione faventiae , xiij . die septembris , xiiij . indict . a clear evidence of the emperors prerogative , to prohibit , as well as to summon councils , when called to his prejudice , to prevent the popes designs against him . subscriptis igitur & quibusdam aliis causis rationabilibus , dominus imperator turbatus , & timens sibi laque os praeparari in concilio celebrando , caepit illud impedire , his admonitus causis pro parte praelibatis . primo , igitur dominus imperator tempus reprehendit inopportunum , & nimis festinum , ad quod nunquam consensit praefigendum . item , quod sicut praeloquutum fuit , & tam papali quam imperiali assensu determinatum , non vocat dominus papa vocandos ad concilium , cum utriusque causa sit in ipso specialiter pertractanda . item , cum pro pace , reformanda inter eos & confirmanda vocandum fuit concilium , & non ob aliud , in scripto vocationis suae non facit super hoc dominus papa mentionem nisi tantum sic exprimens , pro arduis ecclesiae negotiis , suppresso penitus pro qua causa vocari concilium debuit principaliter , & sic obviat papa promissis utrobique formatis & firmatis . item , dicit dominus imperator , quod dominus papa ad concilium publicos hostes , & manifestos imperii vocavit , ( quorum nomina dominus imperator in sua epistola exprimit , ) & eosdem imperialibus corrupit muneribus , ut vertantur in arcum pravum , ut traditorum nominibus in perpetuum probose cum suis generationibus deturpentur , quibus non sunt tam ardua status imperialis committenda . item , dicit imperator : otto cardinalis , legatus in anglia , & rex angliae , omnem fere thesaurum illius regionis , ad meam dejectionem anhelantes , exhauserunt : & nos , non sine imperii magna verecundia , & ●amae nostrae sugillatione , in regno angliae anathematis vinculis innodari fecerunt . quapropter ipsos , & omnes angliae praelatos , nostros inimicos merito debemus reputare , qui pecuniam suam in nostrum gravamen effundentes , honorem nostrum pro posse suffocarunt ; nec movit eos , quod nunquam eis nocens affinitatis foedere anglorum regi conjungor sociatius . ipsorum igitur examen subire mihi foret absurdum , & penitus dissonum rationi . item , dicit dominus imperator , quod per treugarum acceptarum moram , nobis suspectam , imo dispendiosam , & dum concilij tractarentur negotia ( quae finem forte non poterunt sortiri repentinum ) inimici nostri poterunt respirare , & ad gravamen imperii , assensu & fomento papae , quorum se constituit principem defensorem , & pro ipsis bellatorem , surgere fortiores . item , dicit dominus imperator , quod dominus papa maximam quantitatem pecuniae expectat extorquendam a praelatis franciae , & praecipue angliae , quam promisit hostibus imperii se daturum : unde sumunt papa & ipsi spem & cornua , quae merito sibi imminent formidanda . sumpsit enim haec consuetudo ab praedecessore suo innocentio , in ultimo concilio exordium detestandum ; ut celebrato concilio non detur praelatis recedendi licentia , donec papa singulatim a singulis pecuniam extorserit , non habito respectu ad labores & viatica praelatorum , in itineribus vexatorum . item , dicit imperator : quod omnes praelati , praecipue angliae , imo etiam rex anglorum , tenentur papae per suam professionem et juramentum , tanquam domino sententialiter non obligati , et imperatori vel imperio : vnde judicat imperator , eorum arbitrium merito ipsi fore nimis suspectum , et ratione formidandum , praesertim cum papa ejus dignoscatur esse inimicus praecipuus et capitalis , membra tracturus ad consensum . studet etiam et omnem effundit peritiam et industriam , ut ipsum confundat imperium cum imperatore . sed secundum illud ovidanum . vt la●ro , sic cautus praecingitur ense viator : hic parat insidias , hic sibi praestat opem . cum igitur haec , & alia populo incognita , subtili rationis trutina libraret dominus imperator , sciens multos callere in ipsius nocumentum , caepit per praescriptam epistolam vocatos & venientes ad concilium , de imminentibus sibi periculis , scilicet , quod noluit eos defendere perditionem suam facientes transitum , civiliter praemunire . moreover , the emperor soon after proceeded to obstruct and prohibit the meeting of this concil , thus related . circa eorundem temporum curricula , dominus imperator satis subtiliter considerans , quod si concilium generale ▪ celebraretur , cui praesidere habuit ejusdem capitalis adversarius , scilicet dominus papa , & cui obedire habebant omnes praelati assessores quasi membra suo capiti , ad se reversus cepit vehementer sibi formidare , & sibi praecavens , ait optimatibus suis ; angustor undique , & circumventus oppressuris variis torqueor , imperio periculis jam imminentibus . quia sicut jam paratum est , si concilium generale convocetur celebrandum , praesidente inimico meo capitali , cui non audebunt contradicere praesidentes praelati sibi subjecti , me cum imperio irrestaurabiliter condemnabit . est enim papa meus insatiabilis inimicus & adversarius manifestus , potens quemcunque eorum suae voluntati obvium a gradu suae dignitatis deponere , imo & depositum anathematis vinculis innodare , & in deterioris poenae confusionem praecipitare : longe aliter periclitatur causa nostra et imperii condito , nec non et omnium principum , quam solus amplector contuendam . reges orbis et principes , quorum etiam causam , eorum factus 〈◊〉 , foveo , ad meam non venirent vocationem vel mihi obedirent , nec mihi sub ▪ ic●untur , ut possem eos cogere vel punire contumaces ▪ psorum igitur adminiculo de●●tutus & praesentia , dubio foro committam imperialis culminis causam dignissimam , & inimici ejus judices erunt ? absit hoc me superstite . quibus rationibus ac persuasionibus consentientes magnates sui providebant , quod licet in sui honoris praejudicum redundare videretur , ut mutaretur antecedens concilium , tamen propter imminens periculum jam declaratum concilium quod prius concesserat , impediretur . ipsos igitur praelatos coepit imperator efficaciter literis suis commonere , ut ad concilium generale celebrandum , juxta papalem advocationem , venire nequaquam festinarent ! ex tunc igitur pra latos , qui per terram romanam curiam adierunt , tam in personis , quam eorum procuratoribus impedire , & suis renuentes persuasionibus obtemperare , hostiliter impugnare , capere , incarcerare , & torquere nec non & plures morte plectere detestanda , non cessabat imperator . quod cum audiret dominus papa , in eundem multiplicavit maledictiones & convicia , congessit excommunicationes , sententias innovavit . arctabantur igitur hinc inde legati , quos in virtute obedientiae praeceperat papa , omnium pater spiritualium , ad instans dominicae resurrectionis festum paschale ac concilium quod salubriter praeparaverat , ac procuraverat convenire : inde repagulum contradictionis , & impedimentum imperialis sententiae formidabant . hinc scilla , inde charibdis voraginis periculum minabatur . vacillantium igitur corda praelatorum , etiam singulorum , dominus papa solummodo tenore epistolae suae sub hac forma exiliter consolabatur , hoc modo : gregorivs episcopus , servus servorum dei , venerabili fratri , tali episcopo , vel tali , salutem & apostolicam benedictionem . petri navicula , matris ecclesiae sinus , quasi negociorum operta fluctibus , & quaestionum urgentium agitata procellis , dexteram jesu salvatoris implorat . ea quidem flatibus aquilonis impulsa , dormire videtur dominus , n utant discipuli , nautae quasi naufrugii verentur ventum , & eventum populi trepidant , clamat petrus utinam tepescentibus caeteris , saltem porrigerent filii opem , & operam consilii salutaris , nec ipsam fluctus involvat , nec pyrata crudelis abducat . porro , foedere naturalis pactionis irrupto , fides quatitur , charitas refrigescit , tepescit devotio , crescit & invalescit iniquitas in dominum , & proximum commissura ; ex quibus fidei christianae profectibus evidens praestatur obstaculum , sequuntur dispendia , & plebs devota fidelium , beneficio quietis excluso , variis molestiis fatigatur . quae communis statura judicii apostolicae dignitatis auctoritas , justae discussionis examine prudenter appendens , ut omnium generalis & una mater utilitati provideat , singulorum , manus fortium regum videlicet , praelatorum , principum , & aliorum fidelium , non indigne advocare decrevit , ut multiplicatis clamoribus , dominum suscitet dormientem , & plurium adjuta consiliis , praementia faciat onera leviora : expeditionis optatae portum foeliciter petitura . inter quos , te frater episcope , devotum ecclesiae filium , & nobile membrum ipsius , ut venires ad matris ecclesiae gremium ad proximum ventnrum festum resurrectionis dominicae , literis recolimus apostolicis convocasse . verum , sicut pro certo didicimus , singularis ille dudum ecclesiae filius , apostolico provectus & defensus auxilio , de puero tunc omni destituto suffragio , ad imperii culmen humero materno translatus , ea non contentus injuria , qua mercede recompensans , in qua patris irrumpit solium , matris exponere pudicitiam , & vendicare sanctuarium indevotus intemptat , astutus ad haec in ipsa armatur insidiis , praelatisnuper vocatis a nobis , accessum suis terroribus interdicens , ut nullius expers calumniae illam quam gravibus infestat molestiis , nec in filiorum patiatur solatio respirare . cum igitur tam sanctum generalis utilitatis propositum sub fiducia divini favoris assumptum , humanis non debeat versutiis retardari , fraternitatem vestram rogamus , monentes attente per apostolica scripta , & districte percipiendo mandantes , * deum praeferens homini , & difficultaribus omnibus ob meritum fidei , ante in supra-dicto termino ad sedem apostolicam accedere non omittas : ut mater filiorum roborata praesentia , hostis adversantis obstaculo providentia divina subsato , piae intentionis exordium foelici consummatione concludat . nos enim super omnibus , quae ad tantum negotium expediunt , annuente domino , providere curabimus , prout tibi exparte nostra plenius exponetur . datum laterani , idibus octobris , pontificatus nostri anno decimo quarto . facti igitur aequanimiores praelati , ad iter inchoatum praeparaverunt imperterriti , sperantes indubitanter , quod dominus papa ; deo favente , saltem per mare vias sibi securissimas , praeparasset : anglici tamen , francorum consilio adquiescentes , obiterque ad loca tutiora se transferentes , utpote norwicensis , & quidam alii , rei exitum sub silentio cautius explorarunt . during the wars , and these contests between the emperor , pope and bishops , about this council , the tartars encouraged by the christians differences , invaded hungary with a great army : pro qua immani tribulatione , & ecclesiae damnosa , quae inter dominum papam & dominum imperatorem orta est discordia , indicuntur jejunia & orationes , cum eleemosynis largioribus diversis regionibus ; the emperour by his letters to the king of england , and other christian princes , signified the great danger all christendome and christian religion were in , by the tartars invasions , occasioned by the popes implacable malice in stirring up his subjects to rebel against him , and protecting , encouraging , assisting , them in their rebellions , whereby he was much disabled , to resist and fight the tartars : adding , cum voluntas ( papae ) pro jure fuerit , linguae lubricum discursum non regenti , & à multiplici genere dissidii , quod attemptavit , non dedignatus est abstinere , per legatos & nuntios suos , crucem quam adversus tyrannidem tartarorum vel saracenorum , terram sanctam invadentium & occupantium , exercuisse debuit & decebat , jussit contra me ( brachium , & ecclesiae advocatum ) publicari , rebellibus nostris , graviter contra honorem nostrum & famam exultando conspirantibus . et cum maxima nobis immineat cura , nos a domesticis & familiaribus hostibus expedire , qualiter & barbaros expellemus ? and in his letters to the king of france , he added this clause : ait enim , commovit vehementius , reipublicae sedulus procurator . admiramur super francorum prudentia , quod non subtilius caeteris papales astutias consideratis , vel non attenditis cupiditates . proponit enim ambitio ipsius insatiabilis omnia fidelium regna suo subjicere dominatui , ab anglorum conculcata corona sumens exemplariter consequentiam , et ut culmen imperii suis inclinet nutibus , ausa est praesumptuoso conatu , et ausu temerario , protervius inhiare . this antichristian pope notwithstanding the apparent danger to all christian princes by the tartars invasion , and these letters of the emperor , proceeded impetuously in his designes against him , convening a council to depose him notwithstanding the emperors prohibitions , but with very ill successe to his legates and prelates . dierum ipsorum curriculo , infausto casu , dominus prenestinus , nomine jacobus , quandoque legatus in francia , & dominus otto cardinalis in carcere tulliano diaconus , aliquando legatus in dacia , & postea in anglia , & gregorius de romagna , tunc ad januenses legatus missus , ut sibi omnes obedientes ab omnibus peccatis suis absolveret , apud januam commorabantur , de classe sibi providentes . erant autem cum ipsis archiepiscopi , episcopi , abbates quamplurimi , qui cum timerent minas imperatoris si transfretarent , frequenter epistolas & nuncios à domino papa receperunt consolatorias & admonitorias , ut non omitterent navigando ad concilium properare , imo potius spretis secularibus comminationibus , patri spirituali promptius obedirent . facta autem fuit conventio inter eos & januenses , mediante non minima pecunia ; ut ipsi januenses omnes tam legatos quam praelatos , cum sua sequela , indempnes et illaesos , etiam invito imperatore , ad romanam curiam salvo perducerent . et dum super his tractatum haberent diligentem & prolixum , fluctuantibus aliquibus , quid tutius , quid consultius foret agendum , significavit dominus papa , quod in brachio seculari auxilium efficax tam validum obviam per mare , ad ipsorum ducatum & protectionem , ipsis exeuntibus de portu , indubitanter in navali expeditione transmitteret , quod nullo modo valerent resistere manus adversantium , nec etiam ipse imperator , quem dominus papa sathanae dederat in perditionem , utpote anathemate multiplici innodatum . quo mandato nimis eos paterna consolatio animavit , imo adeo ut cujuslibet periculi discrimen , vel mortem amplecterentur . ( but how vain and destructive this their groundlesse confidence and obedience to the pope , proved , the sequel will demonstrate . ) cum autem haec praedicta imperatori innotuissent , intellexit evidenter , quod dominus papa ad dejectionem ipsius sitienter anhelebat , & ad hoc tam districte praelatos advocabat , in nullo voluntati ejus contradicturos , coepit formidare sibi vehementer , & desiderabat , ut per ipsum itinerantes , per terram venirent , ut plenius de jure , de quo confidebat , instruerentur , ne falsis suggestionibus circumvenirentur , nec aliquo modo sine tali certificatione ad romanam curiam subito navigando transmearent . missis igitur legatis solennibus ad ipsos jam navigare praeparatos , significavit eis modeste & humiliter , ut pacifice & omni securitate per omnes terras suae ditioni subjectas , dummodo non per mare vel maritima , transmigrarent ; scirentque certissime , quod nullus suorum ipsos offenderet itinerantes . et si forte non crederent imperialibus promissis , providerent sibi formam securitatis , & se eandem formam sequuturum per omnia secundum eorum dispositionem , indubitanter promittebat . imo etiam causam suam , postquam ipsis viva voce penitus explicasset , & per omnia ipsos ad unguem instruxisset , fideliter ac fiducialiter committeret , toti concilio judicialiter examinandam , & sententialiter determinandam , discretumque examen tot & tantorum patrum sanctorum se spopondit subiturum . et sic ipsos fore procuratores , aduocatos & judices omni qua potuit instantia postulavit , persuadendo , imperando , supplicando , secundum illud poeticum : imperium , promissa , preces , confudit in unum . conquestus est insuper graviter de impetu papalis persecutionis indefesso , ita ut audientes fere ad lachrymas provocavit & commovit , asserens , quod dominus papa ipsum , nec convictum , nec confessum , pro iniquissimo haeretico , et fidei christianae valido ac manifesto impugnatore fecit haberi , et multis regionibus excommunicari , et quam graviter scivit ac potuit scandalisavit , nomenque et famam , quo nihil est damnosius , irrestaurabiliter denigravit , et ad dejectionem ipsius nisibustotis anhelavit . et nuper cum complacuerat & convenerat meae parti ac suae communiter , concilium convocari , in quo praesto parabamus causas hinc inde propalare , judicium commune subituri , ipse papa perperam formam convocationis praeloquutae alteravit , publicos inimicos imperii , ac laicos & seculares personas convocando , potius ad praelia quam pacem praeparatos , secundum tenorem epistolae regi angliae , & aliis principibus transmissae : in qua retiacula abscondita & muscipulas papalis astutiae certius detunicavi . in qua etiam epistola praemunivi eosdem , ne praelatos suos per meam sinerent ditionem transmeare , sicut se suaque diligebant . addiditque imperator , sicut alias & in dicta epistola mandaverat , quod periculosum foret & rationi dissonum penitus , domino papae manifesto adversario , & suis consentaneis , qui potius videntur conspiratores in subversionem sacri imperii , quam judices aequitatis , assessoribus causam principalem , & ejus circumstantias ignorantibus , tam arduam causam inaequali foro committere . summopere igitur desideravit imperator , ut per eum in pace venirent praelati , de causa sua plenius instruendi , ut de omnibus occultis circumstantiis eos certificaret . ipse enim nullo modo ad ipsos praelatos personaliter poterat accedere , tum pro carentia thesauri , quem effuderat in diuturna obsidione faventiae , & aliis variis negotiis , quorum maximum de exercitu filii sui contra tartaros , & aliis , quae opportuit cautius continuare ; tum propter januenses sibi rebelles , quibus noluit nisi in forti manu appropinquare . praelati vero , legatorum animati promissionibus et papalibus crebro missis epistolis consolatoriis , in quibus se promis●t per mare obviam mitere juvamen festinum & efficax , noluerunt quomodolibet a proposito suo resilire . dicebant etenim , non est fides , adhibenda cavillalatoris dictis excommunicati . contemptis igitut imperatoriis consiliis & petitionibus , praelati confidentes in multitudine januensium , qui in navali certamine expediti , minas & vires imperiales contempserunt , naves ascenderunt , praeambulis januensibus , qui multiplicabant loqui sublimia , asserentes vires adversantium nullatenus sibi formidabiles , meticulosos & pusillanimes praelatos & litteratos appellantes , & erat superbia eorum major quam potestas . galeis igitur dispositis & ordinatis cum navibus , versus orientem in clamore tumultuoso nautarum , & clangore buecinarum mare tyrrhenum sulcaverunt . quod eum domino imperatori significaretur , doluit se contemptum , & sua monita cum precibus aspernari . misitigitur ad henricum filium suum , quem de consuetudine appellat naturalem , cui commiserat mare , & maritima custodienda cum navali exercitu ad impediendum transitum praelatorum , ut ipsos jam navigantes capere non formidet , vel submergat , vel trucidet , ( as they well deserved for their pride , contumacy , rebellion and treachery ) dictus igitur henricus , paternis praeceptis obediens , mifit obviam eisdem janisensibus legatos & praelatos confidenter ducentibus , viginti galeias novas & solidissimas , manu militari optime communitas in prima fronte , quibus primicerius praeerat stollius pyratarum peritissimus . factoque congressu navali cruentissimo , pisan●s quibus specialter praefuit henricus cum jam dicto stollio , qui per modum fulgurantis tempestatis irruit ad certamen , victi sunt jaenuenses , captique praelati cum legatis , et aliqui submersi vel caesi , scilicet archiepiscopus de vesentia & multi alii quos longum est numerare . ex abbatibus tamen vix savi●●ensis ope johannis de lexintuna , militis strenuissimi & elegantis , fratris sui ▪ ac nuncii regis angliae , evasit liber & illaesus . de hujusmodi autem infortunato casu ▪ per hanc epistolam , cui communis fama perhibet testimonium , evidenter certificamur . captis igitur & praesentatis praelatis & legatis cum suis januensibus domino imperatori , scripsit idem imperator regi anglorum , necnon & aliis principibus in haec verba : fredericvs imperator , regi angliae salutem & sincerae dilectionis affectum . hilari affectione recepimus literas & nuntios vestros quos ad nostram praesentiam transmisisti , & tam ea quae literae continebant , quam ea quae iidem nuncii ex parte vestra ore tenus coram nobis referebant , audivimus & intelleximus diligenter . et ecce ad singula quae misistis prospere per eos , per magistrum walterum de ocra , dilectum nostrum notarium ac fidelem , plenarie respondemus . cui ea quae vobis ore tenus ex parte celsitudinis nostrae dicet , indubitanter tanquam personae nostrae credatis . cui etiam plenam concessimus potestatem procedendi in negotio , pro quo nuntii supradicti venerunt , & complendi illud juxta formam sibi a celsitudine nostra datam . ad hoc , cum nostris congaudeatis successibus & in nostrorum humilitatem rebellium fiat terror & caeteris cautela subjectis , jocunda insinuatione vobis describimus , quod cum civitas faventiae suis diffisa meritis , & propria munitione confisa , beneficio temporis hyemalis ausa fuerit nostrae rebellionis viribus praestare repagulum . veris tamen instituto tempore haec eadem civitate , machinarum nostratum incursione quassata , muris irruentibus , & fossoribus nostris penetrantibus per meatus subterraneos intima civitatis , ut manualiter inter cives & bellatores nostros bella concurterent , & oporteret eos pro minis corpora cominus praestare gladiis exponenda , sumpserunt sanius pro eorum salute consilium , quibus expugnatio vicinum excidum minabatur , & ad implorandam nostram misericordiam continuo clamore saepe conversi , die dominico , decimo quinto die aprilis , mandatis nostris & beneplacitis se praecise manciparunt , subjicientes in nostram misericordiam civitatem , suas pariter & personas , praestitis fidelitatis debitae juramentis , & illicitis juramentis , si quae fecerunt , abjuratis . ad quorum receptionem nostri comes imperii semperindivisa , & justi arbitra moderaminis , clementia nos induxit , quae victoris animum vicit , ut cum victis misericorditer ageremus : rati gloriosiorem esse victoriam , misereri conversis , quam in eorum casu ulcisci miserabili : pium genus vindictae pensantes , ignoscere noxis , dum potuimus ferius vindicasse . remissa igitur gratis offensa , licet non minima , & reis imperialiter absolutis , civium & civitatis , statu sub nostro , & imperii jugo , ( quo nihil suavius aut dignius esse probabunt ) pro rerum qualitate disposito , dum ad depopulationem vicinae bononiae nostrum verteremus propositum & affectum , praelatorum turbam , cum praenestino episcopo , ottonoque thoringio sancti nicholai in carcere tulliano diacono cardinali , nostris adversaturam processibus , ex diversis provinciis congregatam , contigit suo infortunio januam pervenisse . ubi conveniente cum eis gregoriis de romagna , addito legato legatis , ut insimul ligarentur , & conspiratione cum janvensibus rebellibus nostris facta , quidam de regno francorum navalem exercitum copiosum congregantes , pyratas suos armari fecerunt , cum quibus ad papam romanum , pro majoris causa dissidii , conjuraverunt advenire . ad quorum impediendum transitum & accessum , nostram diu ante praevisam classem convenire fecimus apud pisas , victoriosum galeiarum stollium praeponentes . quos cum quibusdam nostris fidelibus , eorum praecognita motione , in lacis & portubus , quos vel alto mari praeterire non poterant , velut obvia , & necessario navigabilia transitu , ut eis transeuntibus potenter occurerent , destinavimus . et aggressus galeiis nostris galeias eorum , quas praepotens dominus , qui ex alto vider , & dimicat aequitatem dijudicans , invias vias eorum & excogitatam malitiam , insatiabilemque cupiditatem meditatus , in viribus & potentia nostra , quam effugere terra vel mari non poterant , domino favente , legatos ligatos simul tradidit & praelatos . et tribus galeiis eorum submersis , ac omnibus quae vehebantur in ipsis , cum viris qui ad duo millia aestimati sunt , sine spe recuperationis amissis , viginti & duae galeiae , non sine magna navigantium caede , cum personis & rebus , divina sic volente providentia , victae sunt a galeiis nostris , & triumphaliter captae . in quibus tres dicti legati , cum archiepiscopis , episcopis , abbatibus , et multis aliis praelatis , nuntiis quoque praelatorum et procuratoribus , qui ultra centum aestimantur , cum ambassationibus civitatum rebellium lombardiae , qui ad praesixum ire concilium properabant , quatuor millibus ianuensium , exceptis specialibus et electis personis de ianua , quae galeiis praeerant , et comitatui praelatorum pro ducendis et reducendis eisdem ianuam , sicut inter eos fuerat infortunate conventum , ad manus nostras ligati pervenerunt , cum praenestino illo , qui summum contra nos saepius incitaverat odium . qui sub latentis lupi specie , in ovina pelle & agni chlamide , deum inclusum gerere non confidat , cujus divinum judicium non defuisse arbitramur , et sciat quia deus nobiscum est , sedens super thronum , et dijudicans aequitatem , qui non solum per sacerdotium , sed per regnum et sacerdotium , mundi machinam statuit gubernandam . nos igitur , suum nobis caelitus domino reserante consilium , & in plana tot aspera convertente , sudores bellicos , & aestivos pulveres non vitantes , nostrum foelix iter & intentionem omnimodam & conatus ad eum dirigamus , qui nobis & caeteris regnantibus exaltationis , & gloriae contulit incrementum . et nos praedictorum principes successuum nostrorum participes & vos , praecipue fieri gratulamur , quos in omni successurae faelicitatis eventu , ex unaminitate , qua unimur , cupimus esse consortes . datae faventiae , &c. missa est igitur talis epistola aliis principibus quasi consolatoria , sed non omnes tenorem ipsius acceptabant , cum dicat poeta ethicus ; gloria peccati non repetenda sui est . iussu igitur imperiali ducti sunt per mare cursu diuturno , per spacium circiter trium hebdomadarum donec venirent neapolim in apulia : & in castro quod est vicinum civitati , & mare circumdatum , tutelae certissimae mancipantur . sed non omnes aequa damnabat calamitas carceralis . praenestini enim miserrima erat conditio . et omnes jam vel morbus , vel lethaelis invaserat imbecillitas . cum enim diu navigaverant sedentes glomeratim vincti & oppressi , cecideratque super eos aestus intolerabilis , muscis circum●olitantibus , & more scorpionum pugnentibus , fame & siti cruciati , & ad arbitrium nequissimorum nautarum imo hostilium pyratorum , lacessiti & objurgati , longum martyrium protraxerunt , quod pro obedientia ( so the pope miscalled it , but in truth for their disobedience , rebellion against the emperour ) subierunt . videbatur igitur carcer requies , licet requie caruisset . tabuerunt ergo , praecipue delicatiores , & variis infirmitatibus languerunt . unde quidem religiosi , & multi alii , animas afflictas exhalantes ex miseria hujus mundi ad dominum , non sine palma martyrii migraverunt . et cito post , dominus praenestinus , obediens domino papae , usque ad mortem a nequam faeculo transivit ad requiem . the imprisonment of these prelates and pope gregories * death soon after prevented the councils meeting , and put a period thereunto . having thus presented you with the tragical contests between pope gregory and the emperor , from the year . till . i shall now return to that which more immediatly relates to the ecclesiastical affaires of england and ireland . the pope having granted a provision to roger trinity clerk , within the diocesse of london , directed to otto his legat to execute , he thereupon granted him the next prebendary that should fall in the church of saint martyn● ; which being the kings free chapple , exempted from episcopal jurisdiction , the king to preserve the rights of his crown and priviledge of his free chapples , issued this memorable prohibition and appeal to the legate . venerabili in christo patri o. dei gratia , sancti nicholai in carcere tulliano diacono cardinali , & apostolicae sedis legato h. eadem gratia rex angliae , &c. salutem & sincerae dilectionis affectum . cum sicut audivimus rogerus de sancta trinitate clericus , literas apostolicas impetraverit vobis directas , super quadam provisione ei in aliqua ecclesiarum london . dioc. facienda , vos dilectis nobis in christo decano et capitulo sancti martini london . provisionem illam faciendam authoritate qua fungitis demandastis praebendam , si qua vacet , ad praesens vel cum aliqua in ecclesia ipsa vacare contigerit conferendo . cum igitur ecclesia ipsa capella nostra specialis existat , et ad nostrum patronatum specialiter spectare dignoscatur , in spiritualibus etiam nullam diocesano subjectionem impendere teneatur , sed ab episcopali jurisdictione exempta penitus ab antiquo , domino papae sit immediate subjecta , ne praefato r. clerico vel alii in praefata capella nostra praebendam aliquam conferatis , quod quidem in praejudicium nostrum non modicum redundaret , praesentiam apostolicam appellamus , et ad appellationem illam faciendam , willielmum de r. clericum procuratorem nostrum duximus constituendum . teste meipso apud west . . die julii . to prosecute this businesse with effect at rome , he constituted a special proctor by these his letters patents domino papae rex , salutem . noverit sanctitas vestra nos dilectum clericum nostrum magistrum alex. le seculer quem pro negotiis nostris ad curiam romanam destinavimus procuratorem nostrum constituisse , ad impetrandum & contradicendum pro nobis in eadem curia impetratis & impetrandis . dedimus etiam eidem magistro alex. potestatem substituendi procuratorem loco suo in negotio memorato si necesse fuerit . ratum habituri quicquid idem magister alex. vel ab eo substitutus procurator fecerit in praemissis . in cujus rei testimonium , has literas nostras patentes fieri fecimus , & sunt sine termino . teste rege apud west monasterium , xxvij . die julii . upon the * forecited assault made by the schollars of oxford on the legate and his servants , the king issued this writ to the sheriff of gloucester , to apprehend all scholars , whether scots , welsh-men , irish , or english , going from oxford , guilty of that fact , to the great dishonour of his government , and disturbance of the publick peace , ( casually omitted in its proper place . ) rex vicecomiti gloucestriae , salutem . cum venerabilis pater , &c. nuper hospitaretur apud oseneyam , clerici quidam de universitate oxoniae timore dei postposito , & spreta sedis apostolicae reverentia , in gravem regiae dignitatis iaesionem in praedictum legatum & suos irruentes , eis tam de die , quam de nocte contra pacem nostram insultum dederunt , quosdam de familia sua interfecerunt , & slios graviter vulneraverunt , de quo vehementer moti sumus & perturbati , tam pro contemptu & injuria sanctae romanae ecclesiae illata , quam pro manifesta pacis nostrae perturbatione . et ideo tibi praecipimus firmiter in jungentes in fide qua nobis tenetis , & sicut teipsum & omnia tua diligis , per totam ballivam tuam diligenter insidiari facias , si qui clerici venientes de oxon. de quacunque natione sive scoti , sive wallenses , sive hibernienses , sive anglici , a die veneris proxima ante festum sancti marci , & inde recedentes occasione praedicta , per partes illas transitum facient . et si quos tales inveneris , illos capias & salvo custodias in libera prisona , donec aliud inde praeceperimus : scire etiam facias omnibus qui libertates habent infra ballivam tuam , quod sicut seipsos & libertates suas diligunt , de praedictis clericis capiendis idem faciant infra libertates praedictas . the popes legate presuming to hold pleas before him in england , not only of all ecclesiastical , but likewise of temporal matters , belonging to the kings courts , as of fishings , rents , chattles and debts ; the king thereupon issued these ensuing prohibitions to stay such suits , in a modest stile . legato rex , salutem . cum sicut audivimus prior sancti jerusalem anglioe , thesaurarium ehoracensis ecclesiae , super quadam piscaria sua , coram vobis trahat in causam , quae quidem causa terminari debet in curia nostra : et nobis ex hoc possit praejudicium generari : paternitatem vestram attente rogamus , quatenus cum plenam fiduciam de vobis reportemus , quod ea quae spectant ad coronam et dignitatem nostram velitis plenius conservare , praedictam causam non sustineatis coram vobis de caetero ventilari . et taliter has preces nostras exaudias , quod vobis ob hec teneri debeamus ad grates . t. consimiles literas habet radulphus filius nicholai de catallis & debitis . consimiles literas habet magister de ripar . de debitis . the bishoprick of landaffe becoming void , the pope by his own papal authority and provision conferred it on john de monmouth , who was consecrated bishop thereof by the archbishop of canterbury , after the kings royal assent to the popes : provision , anno . ( not ▪ as godwin in his catalogue of bishops , p. . mistakes ) whereupon the king issued this writ to the earl of gloucester and hertford , to restore the temporalties of the bishoprick to this new bishop , he having formerly granted them to him , and jone the kings sister for their lives , during the vacancy . rex dilecto & sideli suo gilberto de clare , com. gloucest . & hertford . salutem . cum vobis & charissimae filiae nostrae johannae consorti vestrae concesserimus custodiam episcopatus landaven . necnon & omnium dominicarum & tenementorum ad episcopatum illum spectantium , & in dominico seu feodo vestro existentium tempore vacationis episcopatus ejusdem . habendum vobis & praesatae filiae nostrae ad totam vitam vestram tempore illo , salva nobis fidelitate ipsius quem in ejusdem loci episcopum contigerit confirmari , prout in literis nostris patentibus vobis & praefatae consorti vestrae inde confectis plenius continetur . ac venerabilis pater e. cantuariens . archiepiscopus , totius angliae primas , cathedrali ecclesiae landaven . de venerabili viro magistro johanne de monemuth , authoritate apostolica providerit , et ipsum in e●usdem loci praefecerit episcopum et pastorem . sicut per literas ejusdem archiepiscopi patences nobis con●ta● : nos hujusmodi provisionem et praefectionem acceptantes , cepimus fidelitatem ipsius magistri johannis , & temporalia episcopatus praedicti in manu nostra existentia , prout moris est , restituimus eidem . et ideo vobis mandamus , quod temporalia episcopatus praedicti in dominico sen feodo vestro ex concessione nostra existentia , sicut praedictum est , eidem magistro johanni sine dilatione liberatis . teste rege apud aberconewey , quarto die aprilis . the . of august following , the king to engage one of the cardinals of rome ( who would do nothing without bribes and pensions ) to promote his affaires there , granted him an annual pension of l. payable at two terms , out of his exchequer during life , by this patent . rex omnibus ad quos , &c. salutem . obsequia fructuosa quae venerabilis pater dominus j. titulo sanctorum marcelli & petri presbyter cardinalis , nobis exhibuit dum erat in minori officio constitutus , & quae , sicut speramus , in futur . faciet , attendentes , viginti librarum sterlingorum eidem annuam concedimus pensionem , percipiendam quamdiu vixerit ad scaccarium nostrum ; unam , viz. medietatem ad scaccarium nostrum sancti michaelis , & aliam medietatem ad scaccarium nostrum paschae . in cujus , &c. teste rege apud westm . xij . die augusti . the . day of the same month , two of these insatiable romish cardinals procured the kings letters patents to his chief justice , chancellor , treasurer , and all other officers in ireland , to assist their chaplain in the collection of their procurations from the clergy thereof . rex dilectis & fidelibus suis justiciario suo hiberniae , cancellario & thesaurario de scaccario suo dublin . justiciariis , vicecomitibus , & omnibus ballivis & ministris suis de terra hiberniae , ad quos praesentes literae pervenerint , salutem . cum venerabiles pater beraldus albanensis , & simon penestrensis episcopi , sacrosanctae romanae ecclesiae cardinales , magistrum johannem bonichy de senis , capellanum eorundem ad partes hiberniae , pro procurationibus eorundem cardinalium jam transmittant : vobis mandamus , quod praefato magistro johanni , cum ad partes illas venerit ex parte cardinalium eorundem occasione praedicta , consilium & auxilium impendatis in hac parte , quotiens ab ipso capellano ex parte dictorum cardinalium fueritis requisiti . in cujus rei testimonium , &c. pat . quamdiu nobis pla●uerit . teste rege apud westm . xxvj . die augusti . per petitionem de consilio . as the king promoted the popes , cardinals rapines , and intollerable extortions on the clergy and people on the one hand , so the pope to gratifie the king granted him a tenth from the clergy of ireland , towards the relief of the holy land , on the other hand , in outward pretence to delude the people , which in truth the king , pope and cardinals shared between themselves ; for the collecting whereof the king issued this patent to all his sheriffs , bayliffs , and officers in ireland . rex vicecomitibus & omnibus aliis ballivis & fidelibus suis in hibernia , ad quos , &c. salutem . cum summus pontifex venerabilem patrem t. midden ▪ episcopum , & magistrum t. de chaddeworth , decanum ecclesiae sancti patricii dublin . per literas suas bullatas deputaverit , ad decimam in tetra praedicta nobis in subsidium terrae sanctae concessam , colligendam , prout in eisdem literis plenius continetur : vobis mandamus , quod eisdem episcopo & decano ad eandem decimam colligendam sitis consulentes , & auxiliantes , quotiens ab ersdem episcopo & decano vel eorum altero , ex parte nostra super hoc fueritis requisiti . in cujus , &c. quamdiu nobis placuerit duratur . teste rege apud thurrok . vj. die septemb. per ipsum regem nunciante j. de benstede . there are some writs of the like nature in the clause rolls of this year , which rolls being for the present mislaid , i could not transcribe . the monks of cambridge having apprehended an heretick ( which they had no legal authority to do ) the king thereupon ( by his ecclesiastical prerogative ) issued this precept to the sheriff of cambridge , to bring this heretick before him at westminster , at the kings own cost , to be examined and disposed of as he should direct . rex vicecomiti cantabrigiae , salutem . praecepimus tibi , quod visis literisistis sub salvo & securo conductu venire facias coram nobis apud westm. haereticum , quem fratres praedicatores cantabrigiae tibi liberabunt . et custum quod ad hoc posueris computabitur tibi ad scaccarium . teste rege apud westm . iij. die augusti , anno regni nostri xxiiij . who this pretended heretick was , and what his heresies , matthew paris thus informes us . diebus illis quidam quasi honestae vitae ac severae vir , habitum & gestum praetendens ordinis carthusiensis , captus est apud cantabrigiam , nolens intrare ecclesiam aliquam . super quo diliramento cum requisitus , secus quam deceret , respondisset , arctiori custodia reservabatur , ita quod post paucos dies sequentes transmissus est ad legatum , in turri londinensi recludendus . palam enim asseruit , dicens , gregorius non est papa , non est caput ecclesiae . sed aliud est caput ecclesiae . ecclesia prophanata est , nec debent in ea divina celebrari , nisi rededicata fuerit . vasa & vestimenta ejus reconsecranda sunt : diabolus solutus est ; papa haereticus . polluit ecclesiam , imo mundum , gregorius , qui papa dicitur . et praesentibus & audientibus domino abbate r. de evesham , & magistro n. de finham , magistris quoque p. de burdegali , & h. de susa , & multis allis ; dixit legatus illi deliranti : nonne concessa est desuper potestas domino papae solvendi animas atque ligandi , ut vices beati petri exequatur in terris ? et cum omnes expectarent , quid responderet , credentes judicium ab hac sua responsione dependere , ait sub interrogatione , & non sub assertione : quomodo possem credere , quod cuidam symonali , et usurario , et forte majoribus facinoribus involuto , concedatur talis potestas , qualis concessa fuit beato petro ; qui immediate factus ejus apostolus , sequutus est dominum , non tantum incessu pedum , sed virtutum claritate ? ad quod verbum erubuit legatus , & ait quidam de circumsedentibus , stulto rixandum non est , furno nec hiandum . resolvit labra sua in alia deliramenta , there related . after which i finde no more proceedings against him . the archdeacon of canterbury intending to build and erect a church of prebends or canons at maydeston in kent , against the kings prohibition and appeal , to the disinherison and prejudice of his crown and dignity , the king thereupon issued this memorable writ of prohibition to the sheriff of kent , to proclaim , and prohibit all laymen under pain of imprisonment , losse of life , and member not to ayd or assist him therein , by carrying stones , timber , or working therein . rex vicecomiti kanciae , salutem . quia pro certo audivimus , quod e. cantuar ▪ archid. ad exhaeredationem nostram , et grave praejudicium coronae et dignitatis nostrae , nuper accessit personaliter usque maydenston , et nobis invitis , appellantibus et prohibentibus , ibidem locum ubi ecclesiam praebendalem construere proposuit , benedixit , assignando loca in quibus construenda sunt aedificia canonicorum : tibi praecipimus firmiter injungentes , in fide qua nobis teneris , quod per totam ballivam tuam clamari facias , et firmiter supra vitam et membrum prohiberi , ne aliqua persona laica de operatione quam dictus archid. construere proposuit , in aliquo ligna vel lapides carriando , vel aliquod auxilium vel consilium praestando , sive operando se intromittat . et si aliquem laicum contra hanc prohibitionem nostram inveneris aliquid attemptantem , corpus ipsius capias , et in prisona nostra salvo custodias , donec aliud inde tibi praeceperimus . taliter hoc praeceptum nostrum executurus , ne si te in hac parte negligentem audierimus , ad te nos graviter capere debeamus tanquam praecepti nostri contemptorem . teste rege apud clarendon , xxiij . die novembris . per ipsum regem & consilium suum . the king out of favour to the earl of flanders , writ to his proctors at rome to assist the earls proctors all they could , and to dispence , in his particular case , with his royal priviledge , of drawing no causes out of his realm to foreign judicatures . rex drogoni de barentin , & willielmo hardel , & aliis procuratoribus suis in curia romana agentibus , falutem . cum ad commodum & utilitatem dilecti avunculi & fidelis nostri th. comit. flandr . tam per nos , quam per nostros laborare disponamus , vobis praesentium tenore injungimus mandantes districte , quod ejus procuratoribus ad curiam accedentibus , in hiis quae ad ipsum comitem pertinere videbuntur , totis viribus assistatis , & ejus negotia , quatenus per vos fieri poterit , promovere curetis ; proviso quod occasione privilegii anglicis concessi , ne ad partes transmarinas seu extra regnum angliae trahantur in causam , nihil contra ipsum comitem nomine nostro impetretur , quo minus in causa quae inter nobilem virum p. quondam comitem britaniae , & s. de monte-forti , vertitur in partibus transmarinis coram judice suo procedatur . nos enim , pro eo quod causa illa praefatum comitem flaundr . velut eum cujus res agitur tangit , magis eligimus , quoad causam illam privilegio renunciare praedicto , cum protestatione tamen quae ad ejus observationem in aliis causis videbitur necessaria , quam comitem praefatum , in ipsius impedire processu . vos igitur in hac causa nihil contra ipsum impetretis , nec quantum per vos fieri poterit impetrari permittatis . nolumus enim si super hoc nostro nomine aliquid fuerit impetratum , quod eo ad impedimentum suae causae aliquis utatur . teste apud clarend . . die decembris . the popes legat this year exacting the fift part of all outlandish clerks benefices and rents in england , to the popes use , as well from the kings clerks as others , to their intolerable oppression , the king thereupon issued this memorable prohibition to him , exempting certaine clergy men therein named from this exaction , though he connived at this extortion from others . rex domino legato salutem . cum jam ex relatu quorundam receperimus fide dignorum , quod de clericis transmarinis tam nostris quam aliis in regno angliae , beneficia et redditus habentibus quintam partem suorum reddituum et bonorum , ad opus domini papae , authoritate quarundam literarum suarum certis ad hos executoribus ex parte vestra exhibitis , nec saltem ipsorum indempnitate provisa , districtius exigitis : nos attendentes & in animo saepius revolventes , quod hii qui nostris vacant obsequiis ▪ intolerabilibus juxta regni consuetudinem fatigantur expensis , propter quod pensatis rerum circumstantiis , ipsorum foret immunitati ratione multiplici providendum , dilectionem vestram praesentium duximus tenore rogandam , quatenus honori vestro qui satis apostolicae sedi convenire creditur , sic in hac parte prospicere curetis , quod dilectos nobis magistrum walterum de dya , guydonem de rascillum , magistrum johannem de dya , magistrum de estoyland , h. archid. wint. l. archid. surr. johannem de la herce , henr. de berneval . i. de steyland . petrum chaceport , bertardum de valentia , emericum de roches , magistrum willum le brun. w. le pless , selmo de creft , magistrum atte , & willum . de poypia clericos nostros , praestatione quintae memoratae conservetis immunes . cum enim dominus papa nobis super hoc , prout praedecessorum nostrorum temporibus fieri consuevit , hactenus scripserit , non sustinebimus , quod praefati clerici nostri super exactione praedicta , in aliquo graventur ; immo eisdem districtius inhibuimus , ne de honis suis aut redditibus pro portione memorata , alicui respondere praesumant . nam etsi id quod in hac parte apud alios agitur quasi dissimulando pertransimus , istos tamen penitus esse volumus immunes . addici etiam petimus supplicationibus praemissis , ut si quae compulsiones circa eosdem per executores praedictos in locis exercentur diversis , ipsos penitus ad nostram faciatis petitionem relaxari . scituri pro certo , quod sustinere nullo wodo volumus , quod praefatae pecuniae summa ab eisdem per aliquos extorqueatur . teste rege apud westmonasterium novemdecem die februarii . the prior of rupe , by authority from the pope exacting from the clerkes of the churches in england , the advowsons whereof belonged to the monks of clungy , the tenth of their goods and rents for three years together , the king thereupon issued this notable prohibition to him , inhibiting the collection the eof , or any other tax , to carry monyes out of the realm . rex abbati & priori de rupe , salutem . accepimus ex relatu quorundam , quod vos authoritate cujusdam concessionis abbati & monachis de cluniac . per dominum papam factae , a rectoribus ecclesiarum de sua atque prioratuum suorum advocatione existentium , decimam bonorum et reddituum suorum de tribus annis proxime sequentibus , exigitis ; ipsos rectores ad solutionem decimae praedictae districte ▪ compellendo . quia vero id absque indebito multorum gravamine sustineri non posset , veluti , cum decedentium rectorum ecclesiae ad ipsos ultra tempus certum secundum diversarum partium constituta non pertingunt , si pro tribus annis responderet rector , jam superstes , ipso forte citra lapsum primi anni decedente , pro successore suo videretur indebite gravari , & ex altera parte cum ipsi priores quoad jura suorum patronorum , qui de nostra jurisdictione consistunt quasi pro secularibus habeantur personis , & a nobis proculdubio in hiis debeant tueri . et praeterea , cum a domino papa super hoc nequaquam fit . erimus requisiti , nec moris sit , aut esse consueverit in regno angliae quod sine conscientia et voluntate principum , possent hujusmodi talliae vel collectae de ecclesiarum rectoribus extorqueri : nolumus quod ad collectam pecuniae extra regnum nostrum trahendae authoritate praedicta per vos procedatur ; immo districte prohibemus , ne ab aliquibus ecclesiarum rectoribus , de regno nostro tallias aut collectas praedictas , seu consimiles exigere vel extorquere praesumatis , quousque super hoc cum episcopis angliae , et aliis magnatibus tam clericis quam laicis , tractatum habuerimus , et vobis aliud super eodem significandum duxerimus . teste rege apud westmonasterium . die februarii . how greivous the popes exactions , injustice and proceedings were both to the bishops and clergy as well as others , these passages concerning edmund archbishop of canterbury ( canonized soon after for a saint at rome ) will in part demonstrate ; though what he requested did somewhat impaire the kings prerogative . eodem tempore , archiepiscopus cantuariensis edmundus , ( having gratified the pope and his legat in consenting to the ayde demanded by them , which he at first opposed ) credens & confidenter sperans , habere in domino papa tale adjutorium , vel saltem aliquod , quale invenerat in piae memoriae papa alexandro beatus thomas martyr , ejusdem archiepiscopi praedecessor : coepit conqueri lachrymabiliter per epistolas lugubres , & nuncios solennes , quibus credebat cor papale lapideum in carneum convertere , quatenus illam detestabilem , & damnosam consuetudinem ecclesiae aboleret ; qua reges , imo tyranni , & ecclesiae penitus inimici & rebelles , ecclesias cathedrales & conventuales suo pastore viduatas , non sinerent respirare , & eisdem incongruis pastoribus libere & canonice provideri ; nec impediret rex , motu suo plus voluntario quam rationabili earum electiones , per suos cavillatores , quos ad hoc detinu●t conductitios . quarum si aliqua talis ecclesia suo pastore viduaretur , vacans per sex menses , per archiepiscopum loci eidem competenter provideretur . cumque se ex fallaci promissione curiae romanae certissime speraret aedmundus alter fieri thomas , cujus * certamine glorioso * malae consuetudines angliae sunt deletae , gregoriumque papam induisse alexandrum , beati thomae coexulis , & coadiutoris , inventus est papa gregorius subito timidus ut homo , & ad regis angliae mandatum , qui hoc asserebat , esse contra suam regiam dignitatem , totum illud pium propositum , super quo archiepiscopus euam literas papales , non sine magnae pecuniae effusione , obtinuerat , in irritum revocavit . quo competro , rex solito tyrannior effectus , & procacius , electionem bonifacij , contra libertatem ecclesiae wintoniensis procuravit , alias licet rite factas , & piecelebratas efficacius impediendo . which * matthew westminster thus relates . ipso eodem anno , archiepiscopus cantuar. aedmundus non minima effusa pecunia , quoddam obtinuit privilegium tam regno quam sacerdotio gratissimum ; scilicet , ut si ecclesia cathedralis per menses sex vacaret , viduata pastore , per archiepiscopum dioecesanum eidem provideretur . sed quia videbatur hoc in praejudicium regiae dignitatis , et jacturae redundate , cassatum est idem privilegium , pecunia iterum intervemente . unde archiepiscopus , cum vidisset sic justitiam manifeste , vacillare & tot labores suos annullari , inconsolabiter doluit , nolensque accipere consolationem , ex illo tempore cogitavit spontaneus exulare . this archbishop to induce the pope to continue this papal priviledge he had with much mony and paines obtained , to the prejudice of the kings prerogative , condescended to the popes intolerable tax , against his judgment and conscience , to wit , quintae partis redditum ; paying the popes exactors . markes , antequam violenter extorquerentur : quod videntes alii praelati angliae , in similem ruinam sunt prolapsi . after which , cum dominus archiepiscopus cantuariensis aedmundus , qui jam dictae exactioni detestandae spontaneus vel invitus , se diatim magis conculcari , et bonis suis temporalibus destitutum , libertatibus suis spoliari , affectus est tedio , quod viveret , et videret mala super terram , increpansque regem de promissione , nil nisi dilationes reportavit . variis ergo lacessitus injuriis , exulans , transiit in franciam , & castigata familia , apud pontiniacum , ubi praedecessor ejus beatus thomas exul commoratus est , orationibus & jejuniis vacans assidue , commoratus est . dum igitur fortunalis rota sic mundanum cursum volubiliter exagitaret , aedmundus cantuariensis archiepiscopus , qui spontaneum in transmarinis partibus exilium subierat , contabuit tam corpore quam animo , & ducens ab alto fuspiria , iterabat : o quam melius esse mori , quam videre mala gentis suae & sanctorum super terram . quos enim ipse ligaverat , legatus contra suam dignitatem malo grato suo absolvit , & è converso . optans igitur dissolvi , & esse cum christo , orabat , dicens : heu mihi , quia incolatus meus prolongatus est . jam satis est , imo nimium , quod omnia vidi volvi in praecipitium & ruinam : tolle animam meam , domine deus meus . commoratus est igitur dictus archipraesul per aliquot dies apud pontiniacum , ubi beatus thomas martyr , praedecessor ejus exul commorabatur . ubi die & nocte in lachrymis & jejunio pro statu ecclesiae anglicanae periclitantis , preces deo & beato thom● obtulit indefessus . exhaustus igitur abstinentiae , & dolore maceratus exinanito corpore , delibato & debilitato , coepit ibidem graviter & infirmari . et consilio fretus medicorum , apud soysy , gratia melioris aeris hauriendi , se fecit transportari . ubi per alicujus temporis spatium morbo languens dysenterico , vinculis carnis absolutus , valedicens nequam saeculo , universae carnis semitas est ingressus . cujus anima exilium saeculare pro patria coelesti foeliciter commutavit . vere enim exul , & solo corpore in hac peregrinatione commoratus , undique causis emergentibus languit lacessitus . rebelles etiam , quos ipse judicialiter excommunicavit , legatus procaciter & irreverenter absolvere non omisit , multa alia quae sua non erant , in praejudicium ipsius archiepiscopi totius angliae primatis , de consensu vel permissione regis , temere & enormiter praesumendo . sed haec pestis omnes angliae praelatos truculenter agitavit . unde quidam satyricus satis satyrice regem & legatum dum ad invicem jocose confabularentur , & in omnibus agendis sese coadjutores fore contra omnes compromitterent , reprehendit , dicens ; eia , eia , nunc bene novi , quod ex quo pastor & lupus foedus inierint concordiae , ovibus imminet strages truculenta . transiit igitur ex hoc mundo dictus archipraesul aedmundus , decimo sexto calend . decemb ▪ infra scilicet octavas beati martini , ipsi confessori confessor in multis assimulatus , absolutus de conventu cantuariensi monachis poenitentibus . obiit autem apud soysy domum canonicorum regularium . the manner and place of his funeral is there descibed at large , which i pretermit . dum enim adhuc viveret , videns se de hoc mundo cito migraturum , causam suam deo & b. thomae commendando , ( qui ibidem ob similem causam exulans , invenit refugium ) pontiniacensi ecclesiae corpus suum legavit . contigit autem inter itinerandum dum sacrum corpus portaretur , propter famam sanctitatis ipsius , ut illuc confluerunt aegrotantes , sanitatem a christo ipsius precibus fideliber postulantes . et factum est quod eundem una die ter dignatus est dominus manifeste , meritis ipsius sancti exigentibus , miraculis praeclaris & titulo sanctitatis insignire . pro quibus solenniter hymnus angelorum , scilicet , te deum laudamus , ter veneranter & devote cantabatur . meruit igitur pontiniacum corpore confessoris , quod cum tumularetur , inventum est vermiculs & cilicio rudi corrosum , & genua ob frequentiam genuflexionum callosa , faeliciter venustari , quod fuerat aliquando beato thomae tuitionis refugium & asylum . et hoc idem martyr thomas aperte praedixerat . his miracles and canonizations are at large recorded by * mat. paris , in succeeding years . pope gregory ( before his death ) to carry on his wars and designes against the emperor frederick , and throw him from the empire , anno ▪ intended to by way of provision to confer all the benefices in england ( especially of the clergy and religious persons to the sonnes of romans and other foreiners , upon condition to assist him against the emperor ) sending his bull to three bishops to confer no lesse then three hundred of the next benefices that fell voyd within their diocesse , on these aliens . circa illa tempora , facta est iniquissima conventio inter dominum papam et romanos , ut dicebatur ; ut scilicet papa quotquot essent in anglia beneficia conferenda , praecipue religiosorum , romanorum filiis vel consanguineis ad nutum eorum forent distribuenda . ea tamen conditione , ut unanimter in imperatorem hostiliter insurgerent , pro posse suo eundem a culmine imperiali non segniter praecipitarent , titulos antiquae strenuitatis sibi taliter adquirentes . vnde infra paucos dies , postea misit dominus papa sacra praecepta sua domino cantuari archiepis . aedmundo , et lincol. et sarisberi . episcopis , ut trecentis romanis in primis beneficiis vacantibus providerent , scientes se suspensos a beneficiorum collatione , donec tot competenter providerentur . vnde stupor magnus corda haec audientium occupavit , timebaturque quod in abyssum desperationis , talia audens mergeretur . a very daring and dangerous usurpation on the kings prerogative , the churches priviledges and patrons rights , the king the next year issueing out writs to the archbishops and bishops of sundry diocesses ( by way of opposition ) to inquire how many aliens were promoted to benefices or prebendaries , with their values and names , of which more in due place . die sancti bartholomaei electus est in episcopum herefordensem magister petrus de egeblanke , qui aliquando familiaris clericus fuit , & procurator expensarum williel mi electi valentini natione provincialis . et post parvum temporis intervallum , cum magno honore est a rege receptus , & confirmatus sine aliqua contradictione vel difficultate . alius enim quidam canonicus lichefeldensis , vir per omnia commendabilis , electus , videns dies malos imminere , & regem nullum fere nisi alienigenam acceptare , cessit : & regimen ecclesiae deo & canonicis fratribus suis commisit disponendum . not long after , die dominica proxima ante natal . domini , consecratus est magister petrus de egeblancke in episcopum herefordensem , praesente & applaudente rege & nobilium multitudine , in ecclesia sancti pauli londini . ubi etiam monachi cantuarienses pro jure suo ecclesiae coram legato ibid ▪ praesente & archiepiscopo eboracensi , & aliis praelatis & magnatibus reclamarunt . eisdem diebus monachi dunelmenses romae ad confirmandam electionem suam commorantes , in suo negotio consummando impediente rege , nimis damnificabantur , ita ut suspenso negotio affecti taedio , quasi dolore contabuerunt . decubuerunt igitur infirmati , juxta verbum salomonis , dicentis , spiritus tristis exsiccat ossa . et mortui sunt qui ibidem commorabantur quatuor , qui electi de conventu discretiores habebantur , cum quibusdam in jure peritis clericis & ministris , ad consolationem eisdem assignatis , & sic periit pars conventus potissima , utrum morbo eventuali , vel spiritu tristitiae , vel peste , vel potione lethifera , ignoratur . quod cum electus scilicet prior dunelmensis , cognovisset , ab alto ducens suspiria abhorruit , licet rex principalis causa fuisset , qui non permittit ecclesias viduatis ordinari , quod ipse videretur tanti mali occasio , cessit spontaneus : asserens se nunquam statum pristinae laetitiae vel alacritatis recepturum . monachi vero , quibus eligendi libera potestas relinquebatur , regem , ut moris est , adierunt , ut concederet eis justain eligendi facultatem . rex autem eis petita concedens , instantissime ipsos rogavit juxta illud poeticum , imperium , promissa , preces , confudit in unum . ut magistrum petrum de egeblanke , electionem herefordensem , natione provincialem , vel bonifacium avunculum reginae , sibi postularent vel eligerent , quorum mores & scientiam penitus ignorabant ; sciebant tamen utrumque alienae fuisse nationis , & tantae insufficientem dignitati . nec indiget anglia extra fines suos in remotis regionibus personas regimini ecclesiarum idoneas mendicare , quae solet aliis tales saepius ministrare . after some time of consideration , monachi dunelmenses , post multos labores inutiles , & sumptuosarum expensarum effusiones multiplices , cedente priore dunelmensi praeelecto , & sic ejusdem electione cassata , elegerunt unanimiter , invocata spiritus sancti gratia , magistrum nicholaum de fernham , virum moribus & scientia commendabilem , in episcopum & pastorem animarum suarum . rexerat autem ipse dictus nicolaus in artibus parisiis per plures annos . deinde de arte medicinae bononiae , in qua claruit gratiosus & peritus excellenter . hic etiam postquam in dialectica & arte physicali & naturis ad plenum eruditus , ad medicinam se postea conferens , spiritualem videlicet theologiam , ipsa scientia & librorum copia se adeo restauravit , ut lecturiens ad cathedram ascendendam sufficeret magistralem . ipsum igitur quasi expertum , & scientia multipliciter & moribus commendabilibus insignitum , peritorum consilio rex & regina ad suarum vocaverunt animarum & corporum custodiam & consilium familiare , hoc consulentibus & procurantibus ottone tunc legato , & episcopo carleolensi , & aliis secretis regis consiliariis . ubi cum prospere & prudenter se haberet , ad dicti pontificatus dignitatem electus non adquievit . videbatur enim ei inhonestum , illi consentire electioni , cum paulo ante , quando in episcopum coventrensem eligeretur , renuntiavit , nolens quomodolibet consentire . igitur , ut obstrueretur os loquentium iniqua , qui forte dicerent , ecce hic hypocrita , pauperi episcopatui renuntiavit , expectans uberiorem , summo conamine reluctabatur . donec episcopus lincolniensis r. eum super hoc graviter redarguens , efficaciter ipsum ad hoc persuasit , ut consentiret , hoc modo : ecee monachi dunelmenses , & eorum ecclesia destituta pastore , lachrymis obortis solatium flagitant pastorale , nec consentis , cum canonice eligaris ? adjuro per aspersionem sanguinis jesu christi , ut hoc onus subeas & honorem : quia rex nullo modo , nisi manifeste desiperet , vestram reprobabit electionem . si autem non consentias , rex ibi apponet sua machinatione aliquem alienigenam et degenerem , nec non et imperitum , in subvers : onem ecclesiasticae dignitatis , & periculum totius regni , cum sit dunelmensis episcopatus in confinio regnorum angliae & soctiae , & fint castra dunelmens . scilicet norham & dunelmum , angliae ex parte illa repugnacula contra omnium inimicorum insultus . quod cum audisset dictus magister nicholaus , ab imo trahens suspiria , ait ; amplector virtutem obedientiae . in diocesi vestra mea habui ex gratia vestra quae obtinui beneficia ; paternis igitur vestris monitis obtempero . monachi igitur dunelmenses gaudentes eum regi praesentaverunt , tanquam suum electum . rex autem ejus electionem gratanter acceptans , cum in electo vel electione nihil posset rationabiliter reprehendere , suscepit electum sine morae dispendio . qui cito postea foeliciter est confirmatus . imminentibus autem diebus illis procurante regis ira vindice , privatus est magister simon normanus ( qui aliquot annis praeterlapsis regis summus extitit consilarius , regiique sigilli bajulus ) ab omni praeterquam uno , authoritate papali , beneficio : archidiaconatu norwicensi viriliter praecipitatus . et quia dispensationem impetraverat plura beneficia obtinendi , obtinere meruit , ne nimis in eum manum aggravare papa videretur , redditum suum usque centum marcas annuas , licet nullus pro ipso intercessor existeret , arctando limitavit . factus igitur opprobrium notis suis , fructus viarum suarum sic collegit , secundum illud poeticum : — iam ad culmina rerum injustos crevisse queror ; tolluntur in altum , ut lapsu graviore ruant . — hic est ille qui iniqua consilia & regno nociva dederat , qui legatum in anglia morari fecit succinctum ad iter transalipnum , qui statutus coram papa , interogante ab eo , cur rex angliae omnes suos naturales homines non diligens , alienos ad se vocaverit ? respondit , non est hodie aliquis anglicus in anglia probatus fidelis cui rex possit secure credere : quod verbum plenum ingratitudinis rapuit de ore polluto magister robertus de sumercote , cardinalis , anglicus natione , ipsum vehementer super hoc reprehendens . and now you see how justly this unnatural viper , and flatterer of the pope , legate , king , was rewarded by them in the conclusion . eodem anno , scilicet die sancti heironymi magister audelmus , natione coloniensis , vir moribus & literatura commendabilis , in archiepiscopum armachanum ( quae ecclesia metropolis est totius hiberniae ) apud westmonasterium , praesente rege & legato , & quamplurimis episcopis , wigorniensi ministerium peragente , solenniter est consecratus . die vero sancti remigij dedicata est ecclesia sancti pauli londini , ab episcopo ejusdem loci rogero , praesente rege & multis episcopis & magnatibus : qui omnes ea die convivium cum ipso episcopo & canonicis laetanter celebrarunt . ad quam venientibus , & devote ibidem orantibus , concessa est venia quatuordecim annorum . quae omnia legatus & omnes episcopi praesentes confirmaverunt . but to return from these elections and consecrations of bishops and churches to the popes exactions . pope gregory to carry on his wars against the emperor , oppressed the english clergy and religious houses ( as well as the french , ) with new , unheard of , and most intollerable exactions , thus recorded to posterity . per eosdem dies , venit in angliam nova quaedam pecuniae exactio , omnibus saeculis inaudita et execrabilis . misit enim papa , pater noster sanctus , quendam exactorem in angliam , petrum rubeum , qui excogitata muscipulatione infinitam pecuniam a miseris anglicis edoctus er at emungere . intravit enim religiosorum capitula , cogens & seducens eos ad pecuniam promittendam , & promissam persolvendam , exemplo aliorum praelatorum , quos mentitis asserebat gratanter persolvisse : dixit enim , ille episcopus , & ille abbas , & ille , jam libens satisfecit , quidnam vos ignaviter tam moramini , ut grates cum muneribus amittatis ? fecit etiam praedictus impostor jurare , ut hoc genus pecuniam extorquendi nulli hominum infra dimidium annum facerent manifestum , quasi eliciens hoc ex singulorum primitiva professione , cum tantum de honestis sit consilium papale celandum . hoc faciendo more praedonum domesticorum , qui fidem ab exspoliatis extorquent , ut nulli prodant nomina spoliantium . sed etiam si homines silerent lapides ecclesiarum contra grassatores clamorem levarent . nec potuit hoc maleficium latere sub tenebris quomodo etenim possent praelati , a suis & sibi subjectis pecuniam exigere , nisi causa exactionis exprimeretur ? this machiavilian policy of this romish impostor and tax-master , with his exactions proving very grievous to the clergy and religious persons of the realm ; thereupon , venerunt igitur abbates vultu flebili & capite demisso ad regem suarum patronum ecclesiarum , dicentes : domine rex , sugillamur , nec licet nobis clamitare : jugulamur , nec possumus ejulare . jujungitur nobis à domino papa impossibilitas , & exactio toti mundo detestabilis . baronias a vobis tenemus , nec possumus eas depauperare sine vestri praejudicio ; nec possumus vobis quae nobis incumbunt pro illis , respondere , et papae nos incessanter torquenti satisfacere . sic enim , & sic rediviva & semper nova , & inexpectata oritur nobis illata angaria a romanis excogitata , quae nos vel ad modicum non patitur respirare ; ad asylum vestri consilii , et ad sinum vestri patrocinii recurrimus , super his desolationibus consili●● et auxilium postulantes . et qui loquebantur haec , fuerunt dominus abbas de aedmundo , & dominus abbas de bello . quos rex , cum haec audiret , torvo intuens aspectu , tumultuosa vociferatione perterrens , clamavit ad legatum , qui tunc forte praesens extitit : ecce domine mi legate , isti miseri seductores , pandentes secreta papalia , obloquuntur , voluntati vestrae non adquiescentes : facite de ipsis quod vobis placet . ecce accommodo unum de melioribus castris meis , ut eosin eo carcerali custodiae mancipetis . quod cum audissent abbates , supra quam dici possit confusione perculsi , recesserunt , legato pro voto satisfacturi . aliqui tamen , sed pauci , non adhuc vacillantes , nolentes adhuc colla supponere tam odibilis conditionis servituti , steterunt ; requisita solvere renuentes , & subterfugia per inducias sibi vix requirebant . cumque similia facere credebat legatus , ipsi petro rubeo associatus , episcopis apud northamtonam propter hoc vocatis , edocti abbatum exemplo , responderunt , habemus archidiaconos nobis subjectos , qui norunt beneficiatorum sibi subjectorum facultates , nos autem ignoramus . omnes tangit hoc negotium , omnes igitur sunt conveniendi , sine ipsis nec decet nec expedit respondere . datus est igitur eis dies responsionis , in octavis sancti johannis baptistae , scilicet nativitatis . quo die cum praedicti convenissent , coram legato & ejus complicibus , noluerunt erecta cervice praedictam exactionem tam impudenter contradicendo negare : sed modesta responsione has exceptiones caute contradicendo rationabiliter proposuerunt . dicunt , quod contribuere non debent , tum quia contributio fieret contra eum qui contradixit cum principe suo , tum qui fieret ad effusionem sanguinis christiani : quod patet ex forma scripti apostolici , in quo continetur , ad debellandum imperatorem . tum quia fieret contra libertatem ecclesiae , quod patet ex forma ejusdem scripti ubi dicitur , contradicentes ecclesiastica censura compescentes ; ecce servitus & compulsio . tum , quia alias dederunt decimas domino papae , sub hac protestatione , ne de caetero consimilis fieret exactio ; multo fortius , nec nunc quinta pars est exigenda . tum , quia timeri possit ; ne ad consuetudinem traheretur , cum binus actus inducat consuetudinem , ut est in codice : de episcopali audientia . lege nemo , tum , quia cum necesse habeant continue diversa negotia in curia romana expedire , ad quam nisi per terram imperatoris patet accessus , timendum esset , ne imperator eorum captionem procuraret ; ac ipsos certos de poena graviori , carcerali custodiae manciparet . tum , quia cum rex multos habeat inimicos , contra quos onus belli expectat sustinere , timens graviora , non esset tutum terram magis depauperare , praesertim cum vacuetur pro magna parte terra nobilibus in negotium crucis proficiscentibus , & multum pecuniae ad viatica secum asportantibus . tum , quia hoc verteretur in patronorum ecclesiarum praejudicium ; maxime cum non constet ipsos d●ctae contributioni consentire . tum , quia generalis status ecclesiae , ut dicitur , periclitabatur , propter quod generalis deberet fieri consultatio ; ut sic , si esset necesse generalis fieret contributio ; quod non est in casu isto ; fama enim percrebuit , quod convocabitur concilium , ubi talia sunt determinanda ; necesse enim est sic fieri , ut tollatur scandalum generale , cum autem haec legatus & socii sui audissent , tacite confusionem suam dissimulabant , nacta temporis opportunitate ad hanc vel similem exactionem surrecturi . sperantes autem adhuc legatus & complices sui , alios quosdam ad suam inclinare voluntatem ut contribuerent , videlicet rectores ecclesiarum de bercshyre , & quosdam alios , congregaverunt eos , convenientes eosdem multis sermocinationibus , minas minis addentes , & promissa promissis cumulantes . quibus constanter responderunt , quod a forma responsionis noluerunt recedere , rationibus eorum fulti : quibus tamen alias , licet illae sufficiant , annectimus rationes . dicunt omnes , & dicunt singuli rectores ecclesiarum de bercshyre , quod contra imperatorem non est contribuendum , ut contra haereticum , cum non sit damnatus judicio ecclesiae , vel convictus , licet excommunicatus , nec pro eo quod occupat vel impugnat patrimonium ecclesiae romanae ; ecclesia enim non utitur brachio saeculari contra haereticos . item , sicut ecclesia romana suum habet proprium patrimonium , cujus administratio pertinet ad dominum papam ; similiter & aliae ecclesiae suum , ex largitione & concessione regum , principum & aliorum magnatum fidelium , quod in nullo est censuale vel tributarium ecclesiae romanae ; unde non debent praelati compelli de patrimonio suarum ecclesiarum contribuere . item , licet argumento legis omnia dicantur esse principis , non tamen dominio & proprietate , sed cura & sollicitudine : similiter ecclesiae spectant ad dominum papa cura & sollicitudine , non dominio & proprietate ; unde dicunt , quod non debent ad contribuendum compelli . item , cum dicat veritas , tu es petrus , & super hanc petram aedificabo ecclesiam meam , reservavit sibi proprietatem , committendo curam , sicut patet ex verbis evangelii sequentibus : quodcunque ligaveris super terram , erit ligatum & in coelis ; quodcunque sol . &c. non quodcunque exegeris super terram , erit exactum & in coelis : unde dicunt , quod ad contributionem non possunt nec debent secundum dominum & justitiam compelli . item , cum ex authoritatibus patrum sanctorum fructus ecclesiarum in certos usus , puta ecclesiae ministrorum & pauperum , sint deputati , non debent in alios usus converti nisi authoritate ecclesiae universalis : unde de bonis ecclesiae non est contribuendum ad pugnandum , maxime contra christianos . item , cum clericis vix sufficiant proventus ecclesiarum suarum ad victus quotidianos , tum propter earum tenuitatem , tum quia nonnunquam fames in regione ingruit messe deficiente , tum quia tanta sit multitudo pauperum & adventantium , quorum mori partem vidimus pro defectu alimentorum , tum quia nullus potest nisi unicum beneficium obtinere : unde pauperiores & vix sibi & pauperibus sufficiunt , non debent ad talem contributionem compelli . item licet esset bonum contribuere , omitti tamen deberet & expediret propter scandalum jam suscitatum , & per orbem ventilatum , contra ecclesiam romanam : quia dicitur publice alias factae fuerunt hujusmodi exactiones , & clerici enormiter depauperati sunt , & statim exacta & extorta pecunia , composuerunt papa & imperator , nec est quadrans restitutus : imo si qua residua fuissent post compositionem & reddenda , graviter extorquebantur . et dicit canon : quod licet pro scandalo vitando peccatum mortale admitti non debet , bonum tamen quandoque omitti debet , ut scandalum vitetur : unde non debemus contribuere . item , si contribuerent contra imperatorem , non solum cruciatus corporis , sed mortis periculum immineret sedi apostolicae pro justitiae impetratione & peregrinantibus de hac regione ad terram sanctam propter terrae liberationem : unde &c. item , binus actus inducit consuetudinem ; unde cum alias facta fuerit hujusmodi contributio , si modo fieret , verteretur in consuetudinem ; unde , &c. item exhaeredatio principis angliae & magnatum terrae , considerata potestate imperatoris , & debilitate & paupertate regni angliae , ex contributione hujusmodi immineret manifesta , unde contribuere non expedit , nec debemus . item , cum rex angliae & magnates , tam in jure haereditario , quam bona & appropriata consuetudine habent jus patronatus ecclesiarum angliae , & rectores , ad eorum praesentationem instituti nolunt , sicut nec debent , nec possunt , in aliquam contributionem consentire inconsultis patronis , quia sic possit ex ecclesiis suis praejudicium generari , cum eaedem ecclesiae sint per eosdem patronos terrarum ac reddituum propter hoc specialiter collationibus dotatae aut ditatae , ut rectores earum suscipiant hospites , tam divitum quam pau●●rum sustinentes hospitalitatem , tam laicorum quam clericorum , secundum suas ●●cultates locorum exigente consuetudine ; a quibus si procedat talis exactio , oportet cessare , & ita patroni suo jure & intentione hac causa donandi , fraudati erunt , & sic donata repetere , vel saltem alia quaerent gravamina , nec iterum ecclesias de suis bonis fundabunt vel conferent beneficia . item . cum istud petatur contra talem qui foedus iniit cum principe nostro , praesertim per matrimonium , non debemus eo inconsulto contra eum contribuere . item , quod cum nuper alias in pristina contributione in casu consimili promissum esset praebentibus authoritate istius ejusdemque papae , quod de caetero non fieret hu●usmodi exactio , de dicto gravamine adhuc sentientes se gravatos , non debent contribuere , quia timent quod ex frequenti contributione in servilem & inusitatam trahantur consuetudinem , praesertim cum multi plerisque regionibus , nec adhuc franci non consentiant contributionem . nec est manifestum vel notorium , aliquod emolumentum per hujusmodi extorsiones ecclesiae contigisse , utinam non ad detrimentum roborantur , utique & ditantur exinde hostes ecclesiae , & ex validis fiunt validiores , & durum est nobis armis propriis perimi ; quare non est contribuendum . item . cum omnes , vel fere omnes , voto crucis sint astricti , ad quae vota , vel per se , vel per alios competentes solvenda admonitionem papalem receperunt , & huic tam arduo & utili negotio simul & semel etiam huic contributioni nequeunt satisfacere . item , cum privilegio crucesignatorum sint muniti , quibus & fructus & obventiones reddituum suorum sibi integre triennio conceduntur , ad hoc non debent contribuere . item , cum plures sint per literas papales astricti ut de decimis ecclesiarum suarum , quae ad jus patronatus monachorum cluniacensis ordinis spectare noscuntur , vel in quibus ipsi monachi aliquod temporale vel spirituale jus habent , usque ad termiuum eis respondeant : unde non debent contribuere . item , cum dominus noster rex angliae undique habeat hostes capitales ei , ut dicitur , nocere praeparatos , ac regnum sit destitutum consilio & auxilio proborum , in brevi peregre proficisci disponentium , maximam pecuniae summam qui secum deportabunt , nec esset tutum in tantum depauperare ecclesias & regnum , quod ad tuitionem reipublicae non sufficeret , timendum foret pro certo de irrestaurabili regni exterminio . item , cum olim essen● ditiores clerici anglicana nationis quando videlicet omnes habuerant , vel major pars habuerit plura beneficia sine dispensatione , ac nunquam ab ipsis talis exactio fuit , licet per imperatores tyrannos tunc temporis multi patres sanctissimi exilio relegati , in se & in membris suis ac facultatibus ecclesiae durissima paterentur : unde non debemus contribuere . item , in regno franciae multae decimae militibus ab apostolicis patribus concessae credantur , ut ipsi romanam ecclesiam tueantur , nec constat ab eis debitum suffragium esse negatum , nec etiam constat eorum suffragium exercitui domini papae fuisse adhuc contributum , quare non debemus contribuere . legatus igitur & sui complices , comperientes constantiam eorum tot fultam validis rationibus , nec se posse , ipsos simul cohaerentes frangere , cogitaverunt schisma inter eos & divisiones procurare . adiit ergo legatus regem , & ipsum cito enervatum sibi inclinavit . adierunt & complices ejus tam episcopos quam eorum archidiaconos , praecipue tamen magistrum alanum de becles , archidiaconum sudburiae , aliis prius constantiorem , & quosdam alios ambitiosos , ad altiores dignitates aspirantes , adjutorium eis efficax pollicentes , ut dictae universitati non consentirent , & sic divisis illis praevaluit pars adversa . the popes legate extorting procurations in money from the monks of the cistercian order , out of insatiable covetousnesse ; thereupon the monks procured a kind of prohibition from the pope to inhibit such procurations . ipsoque anno , legatus , ut pecuniae plus emungeret , apposuit & manum , ut a monachis cisterciensis ordinis suae avaritiae satisfaceret , procurationes instanter erigendo . sed ipsi viriliter contradicendo , curiam romanam privilegiis suis innitentes , ut contra hanc improbitatem impetrarent , adierunt ; literas eidem legato sub hac forma reportantes . gregorius episcopus , &c. legato ottoni , &c. licet tibi , si bene meminimus , nuper direxerimus scripta nostra , ut liceat tibi de monasteriis cisterciensis ordinis procurationes exigere moderatas , indulgentia concessa eidem ordini non obstante . quia tamen non est intentionis nostrae , nec credimus esse tuae , ut contra ipsorum indulgentiam procurationes ab 〈◊〉 s pecuniariae exigantur , mandamus , quatenus cibis regularibus contentus , absque esu carnium , cum eos accesseris , prout in praedicta indulgentia continetur , procurationes pecuniarias occasione literarum hu , usmodi non patiaris exigi ad eisdem . otto the popes legate , having long oppressed , pillaged the realm and church of england , was sent for the third time to rome by the pope , to be present in his intended council against the emperor , to advise him in his straits ; whereupon the king not willing to detain him any longer in england , to avoyd the just censure and displeasure of the emperor , who had married his sister , * legatus & praelati angliae ( summoned to the council ) papalibus mandatis obedientes , licet cum magno periculo , ad transalpinandum se , instantibus diebus natalibus praeparabant . whereupon the king to ingratiate and oblige the legate as well to promote his affaires at rome , as in england , before his departure hence , knighted and conferred an annual pension on his nephew , feasted the legate publickly at westminster , and placed him at the feast in his own royal throne , to the great offence of his nobles and subjects , thus related by matthew paris . henricus rex tenuit curiam suam apud westmonasterium , ubi magnates regni quamplurimi festa cum eo natalitia celebrarunt . die igitur natalis domini , ad instantiam legati , cui rex summopere placere studuit , cinctus est ab ipso rege balteo militari nepos ipsius legati , nomine advocatus , eidemque quoque redditum contulit rex triginta librarum properanter , quem idem tyro statim vendidit , sciens se in proximo cum domino suo recessurum . et eodem die rex quendam provincialem cingulo simili solemniter insignivit , & redditu ditavit opulento . finitis itaque in ecclesia solemniis ; rex in ampliori regia westmonasterii pransurus , legatum , quem ad prandium invitaverat , in eminentiori loco mensae , scilicet in regali sede , quae in medio mensae est , non sine multorum obliquantibus oculis , collocavit . ipso nempe rege a dextris ipsius , eboracensi vero archiepiscopo a sinistris ejus sessionem accipientibus , consederunt consequenter tam praelati quam caeteri magnates , secundum ordinem suae dignitatis ac potestatis , rege sic volente , et convivas disponente . quarto vero die dominicae nativitatis , legatus a domino papa irrefragabiliter ad romanam curiam revocatus , accersitis angliae praelatis valedicens , versus mare iter arripuit transalpinum . quem cum strepitu tubarum suarum , & innumerabili multitudine nobilium concomitantium , pompose nimis usque ad maris rex duxit confinia : et tandem cum ab invicem separandi , hinc rex , hinc legatus recesserunt , profunda traxerunt suspiria , quod tam cito disjungerentur : licet saepedictus legatus in regno angliae irrestaurabile damnum ecclesiae , moram jam traxisset triennalem . igitur in crastino epiphaniae , apud doveram legatus navem ascendens , post regales amplexus & oscula , legationis deposuit insignia , & transfretans , apporriatam angliam a tergo salutavit , nullo praeter regem , et quos idem legatus bonis regni saginaverat , de recessu suo condolente . nec remansit eadem hora , ( ut veraciter dicebatur ) in anglia tantum pecuniae , ( exceptis sanctorum vasis et ornamentis ecclesiarum ) quantum a regno jam extorserat anglicano . praebendas autem , ecclesias , et varios redditus opimos plus quam trecentos , ( a very great number in three years space only ) ad suam vel papae contulerat voluntatem . unde regnum quasi vinea exposita omni transeunti , quam exterminavit aper de sylva , miserabiliter languit desolatum . reliquit autem dictus legatus ecclesiam cantuariensem , quae est inter omnes angliae ecclesias nobilissima , nimis perturbatam , et in viduitate languentem , cum multis aliis cathedralibus et conventualibus ecclesiis , omni solatio destitutis . nec ulla infirma terrae solidaverat , ut manifesto argumento monstraretur , quod non missus erat ad oves quae perierant , protegendas , sed ad pecuniam , quam invenerat , vindemiandam . ( the chief end of the popes sending abroad his legates , into foreign christian realms . ) idcirco meritis multipliciter exigentibus , domino flagellante , per imperatorem praeparantem muscipulas , illa praeda meruit spoliari ; factus praeda de praedatore , secundum illud propheticum : * vae qui praedaris , nonne tu praedaberis ? a just judgement of god upon this roman harpy . eodem tempore , permittente vel procurante papa gregorio , adeo invaluit romanae ecclesiae insatiabilis cupiditas , confundens fasque nefasque , quod deposito rubore , velut meretrix vulgaris et effrons , omnibus venalis et exposita , usuram pro parvo , simoniam pro nullo inconvenienti reputavit , ita ut alias affiries provincias , imo etiam puritatem angliae , sua contagione maculavit . etsi multa , quae se offerunt , exempla abundant , unum duxi , ut pateat quam juste , etsi sero , excanduit ira dei in dicta curia , breviter memorandum . dominus papa gregorius , cuidam suo cupiens speciali subvenire , missis in angliam literis , quosdam super ecclesiis dignoscitur sic aggravare . missum est tunc temporis abbati & conventui de burgo , mandatum apostolicum cum precibus armatis , & monitis terrificis , ut redditum alicujus ecclesiae , cujus patronatus ad eos spectabat , quae annuatim centum ad minus valeret marcas , papae conferrent . et si in duplo plus valeret , bene ei complaceret : concederet autem dominus papa ipsis illam ecclesiam tenendam ab eo ad firmam annuam ▪ ita scilicet , ut pro ea annuatim centum marcas solverent domino papae , omne residuum in proprios usus convertentes . et ut memoratos abbatem & conventum ad consensum hujusmodi provisionis ( imo potius pernitiosae pactionis , et symoniae et occultae fraudis ) quasi proprio usui necessariae , inde facilius dominus papa inclinaret , scripsit quibusdam clericis transalpinis , in anglia optimc beneficiatis , ut ipsos super hoc efficaciter admonerent , deinde compellerent , concessa eis potestate . ipsi igitur papalibus parentes jussionibus , venerunt burgum , vocatisque monachis dixerunt , ecce fratres & amici imminet vobis ad manum magnum papale beneficium . postulat enim a vobis , quod vos deberetis flexis genibus & junctis manibus ab ipso humillime postulare . et cum cuncta seriatim quae peteret papa explicassent , sposponderunt ipsi , quod quasi fide jussores , & fideles executores , omnia haec fideliter ex parte papae consummarent , dummodo petita clam , quasi sine scandalo , concederent postulata , facientes de necessitate virtutem . ipsi autem responderunt , se sine regis permissione hoc facere non posse , qui patronus est et fundaror ejus , et multarum in hac regione ecclesiarum . at ipsi clanculo haec fieri flagitabant , similia in aliis ecclesiis facturos se sperantes , & ab illa concessione sumentes exempli consequentiam . monachi autem nolentes fallacibus circumveniri sermocinationibus , inducias petierunt ; donec abbas eorum , qui tunc absens erat , domum rediens , assensum , si videret expedire , huic praeberet postulationi . miserunt igitur ad abbatem suum , hujus rei seriem eidem explicantes ; abbas autem per quendam fidelem , & prudentem clericum suum willielmum de burgo , regem & ejus super hoc consilium est affatus , intimans pericula quae inde emergere potuerunt . at rex comperiens hujusmodi factum ecclesiae illius , et consimili modo aliarum esse detrimentum , cum ipse sit earum defensor , patronus et gubernator , laqueos absconditos , et romanae curiae detestans avaritiam , prohibuit districtius , ne tam enorme factum amplius etiam aera macularet . moreover , the pope under pretext of the crossado against the saracens , cheated the people of their monies , and the holy land of their vowed assistance . circa dies illos , ut quasi mille argumentis misera terra anglicana suis bonis viduata spoliaretur , fratres praedicatores & minores , autentico domini papae communiti , in praedicatione sua plenam peccatorum remissionem concesserunt omnibus crucesignandis pro terrae sanctae liberatione . et statim vel in crastino , vel tertia die postquam multos devotos signaverant , ea conditione a crucis voto eos absolvebant , ut quantum suppetebat facultas , pecuniae suae portionem in subsidium terrae sanctae conferrent largiorem . et ut ad hoc anglicos inclinarent pronius ac promptius , ipsam pecuniam asserebant comiti richardo deferendam , chartam ipsius super hoc certius ostendentes . insuper a senibus & valetudinariis , mulieribus , imbecillibus , & parvulis , crucem accipientibus , vel accipere proponentibus , tantundem indulgentiae , accepta prius ab eisdem pecunia , concesserunt , ostendentes super hoc comitis richardi scriptum testimoniale , a romana curia impetratum . et hoc genere emungendi loculos est infinita pecunia propter favorem comitis adquisita . quis autem custos aut fidelis dispensator inde fuerit , hic jam quaeritur , nam nescitur . moreover after the oppressing legates departure out of england when the english expected ease from their more then aegyptian papal taxmasters , their bricks were doubled rather then diminished , by new exactors . labentibus autem dierum illorum curriculis , & ludente fortuna in mortalium mutabilitate , non adhuc cessavit avaritia romanorum insatiabilis . quia post recessum legati remanserunt in anglia duo papales clerici , quasi vices legati supplentes , exactores indefessi , scilicet petrus cognomento rubeus , & petrus de supino , autenticum papale retinentes procurationes exigendi , interdicendi , excommunicandi , et pecuniam variis modis a misera ecclesia anglicana extorquendi : ut talibus rapinis ecclesia romana , secundum assertionem eorum , quae damnificabatur multiformiter , respiraret . scripsit igitur imperiose praedictus petrus rubeus , qui se alteri praeferebat , habens se per modum legati , epistolas suas & literas autenticas illi abbati , vel illi priori , cujus titulus talis praeponebatur , magister p. rubeus , domini papae familaris & consanguineus , salutem , &c. et sub tali titulo procurationes , et collectas varias exigebat et extorsit . praeterea , socius suus petrus de supino in hyberniam , permittente rege , ex parte papae veniens , & autenticum ejusdem deferens , a praelatis hyberniae omnibus , brachio adjutus saeculari , cum magna tyrannide collegit . unde quidam suspensi londinum ad eundem petrum venerunt , secundum voluntatem ejus satisfacturi . rediens igitur ab hybernia idem petrus in autumno sequenti , & romam tendens , mille & quingentas marcas secum clitellis refertis asportavit . per idem tempus petrus de supino , clericus domini papae , instantissime ex tota hybernia pecuniam , scilicet vicesimam , per autenticum papale extorquens collegit , indeque absque diversis donativis , mille quingentas marcas reportavit . magister quoque petrus rubeus , cujus titulus fuit , domini papae familiaris & consanguineus , ex partibus angliae borealibus , & missis nunciis per scotiam , autentico papali similiter communitus , pecuniam diligentissime ac festinanter studuit adunando duplicare . et sic subito refertis clitellis sub conductu monachorum cantuariensium , apud doveram clanculo mare transierunt . audierant enim per cursores suos expeditissimos , quod dominus papa irremediabiliter aegrotaret , ita ut jam vel obierat , vel foret in proximo moriturus . repentinam igitur & clandestinam cum praeda sua fugam , tam per mare quam per terram inierunt , quia timebant , ne rex certificatus de morte papae , pecuniam totam quam collegerant , prudenter retinuisset , consilium habiturus , quid inde faceret , cum alius papa succederer . et cum vix franciam ingressi fuissent , ecce magister walterus de ocra , nuncius imperialis , deferens literas domini sui de credentia ad regem festinanter , sed tamen nimis sero , mandata de statu curiae romanae veniens nunciavit , persuadens , quod si adhuc tales in anglia invenirentur , tam praedam quam praedones retineret . sed cum didicisset , quod elapsi erant , increpans regis ignaviam , iratus statim recessit , dolens quod frustra advenisset . ipsosigiture vestigio diligens investigator insequebatur , ut eorum quasi vulpecularum maeandros prudenter perscrutando , domino suo imperatori viarum suarum diverticula nunciaret . who met with most of their spoyles converted to the emperors use . pope gregory having the year before , sent a bull to the archbishop of canterbury , and bishops of sarum and lincoln , to provide by his papal provisions no lesse then . benefices which should first fall voyd with in their diocesse , for romans , italians , and other aliens , to the kingdomes and churches great prejudice : the king thereupon issued these ensuing writs to the archbishops , bishops , officials and other ecclesiastical officers under writen , to return him a particular of all the ecclesiastical benefices , prebendaries and their respective values , with the names of the persons on whom they were conferred . and likewise to inquire , what sums of mony had been levyed for the popes use , what arrears were yet unpaid thereof , and to secure them . rex venerabili in christo patri w. eborum archiepiscopo , salutem . mandamus vobis firmiter injungentes in fide qua nobis tenemini , quatenus per literas vestras sine morae dispendio nobis significetis , quae , et quanta beneficia clerici romani , et alii , tam anglici quam ultramarini habeant in diocesi vestra ex collatione , vel provisione summi pontificis , vel legati , vel alterius provisoris authoritate sedis apostolicae , scilicet tam ecclesiastica quam alia beneficia praebendalia ; nomin a etiam praedictorum clericorum nobis sci●e faciatis . teste rege apud mer leberg . . die junii . eodem modo scribitur r. li●c . r. lond. w. carl. h. elyensi . r. roff. p. hereff. n. dunholm . r. sarr . h. coventr . & litchf . archid. cantuar. offic. exon. & offic. episco . winton . after which he issued this ensuing writ : rex venerabili in christo patri w. eadem gratia eborum archiepiscopo angliae primati , salutem . paternitatem vestram rogamus , quatenus in singulis archidiaconatibus vestris diligenter inquiri faciatis , quot , et quae beneficia clerici romani , sive italici habeant in diocesi vestra . quae etiam beneficia collata fuerunt quibuscunque clericis , undicunque fuerint oriundi , per provisionem factam authoritate apostolica , sive beneficia illa consistant in praehendis , sive ecclesiis parochialibus , et tam de nominibus eorundem beneficiorum , et de eorum valore , quam de nominibus praedictorum clericorum nos certificare velitis , infra octab. sancti martini . anno &c. . inquiri etiam faciatis , quantum pecuniae concessum fuerit domino papae in diocesi vestra in contributione nuper facta in regno nostro , tam a viris religiosis , quam ab aliis personis ecclesiasticis , et quid , et quantum fuerit inde solutum , et quantum inde restat solvendum et a quibus . et id quod adhuc restat solvendum de pecunia praedicta , salvo colligi in singulis archidiaconatibus vestris et custodiri faciatis , donec nos inde certificaveritis . talem igitur & tam diligentem inquisitionem de praedictis fieri demandetis , quod inde ad praedictum terminum certificari possimus , & quod inde vobis ad gratias teneamur speciales . teste rege apud westmonasterium . die octobris . what listsor certificates were returned by vertue of these writs , i have not yet found amongst the records in the white tower or elsewhere . the pope having sent peter rubeo his forementioned agent into england to spoyle the oppressed english clergy of the small remainder of treasure , his legat otto had left them , he presumed to tax the clerks attending upon the king , and to grant provisions of prebends and churches during their vacancy , to the prejudice of the king and his crown , whereupon the king issued these ensuing memorable writs , extant in the clause rols of this year . rex magistro petro rubeo , salutem . satis vobis expressimus tam literatorie quam viva voce , quod omnes clericos in obsequio nostro specialiter commorantes a contributione facenda ad subsidium dommi papae , esse volumus immunes quapropter vobis mandamus , quatenus ad contributionem illam a redditibus petri de wackering . nichil exigatis , nec aliquid inde capere praesumatis , & si quid inde ceperitis , id ei sine morae dispendio restitui faciatis . teste rege apud westmonasterium , &c. rex archidiacono huntingdon . salutem . cum magistro petro rubeo procuratori domini papae dederimus in mandatis expresse , quod ad contributionem ad opus domini papae factam , sive faciendam , a clericis obsequio nostro fideliter vacantibus nichil exigat , vel aliquo modo extorquere praesumat . vobis mandamus firmiter injungentes , ne a magistro nicholao de farnham in archidiaconatu vestro beneficium obtinente , occasione praedicta aliquid exigatis , vel ad hoc faciendum aliquatenus compellatis , sine dilatione restituentes eidem si quid de beneficio ipsius receperitis ad contributionem praedictam , et cohertionem , si quam propter hoc fecistis , penitus relaxando . et sic hoc mandatum nostrum adimplere curetis , quod nos non oporteat ad hoc aliter interponere partes nostras . teste meipso apud merleberg . xxvii . die januarii . rex magistro petro rubeo salutem , non credebamus de vobis , quod gratiam nostram ad opus domini papae vobis impensam velletis per ingratitudinem compensare , immo potius ipsam gratanter admittere , & * nos vobis grates opportuno tempore exhibere . cum igitur alias signisicaverimus vobis expresse , quod clericos obsequio nostro vacantes a contributione facta seu facienda ad opus domini papae immunes esse volumus , vos ipsos nichilominus , ad contribuend . demandatis compelli , nobis ipsis nullatenus in hac parte deferentes . super quo miramur plurimum et movemur . adhuc vobis mandantes et rogantes attente , quatenus nec magistrum nicholaum de fernham , nec alium nobis specialiter obsequentem adp raedictam contributionem faciendam compelli aliquatenus faciatis , et procuratoribus dictorum clericorum , si quid ab ipsorum redditibus receptum fuerit occasione praedicta , sine dilatione restitui facientes . scituri , quod singulis archidiac . ipsorum dedimus in mandatis , quod nichil ab eis exigant vel recipiant ad contributionem praedictam , si quid ad hoc receperint restituendo . rex magistro petro rubeo , salutem . certum & indubitatum habere potestis , quod nunqum fuit intentionis nostrae , quod clerici obsequio nostro specialiter intendentes , neque aliegenae neque indigenae , aliquid contribuerent ad subsidium domino papae praestandum . et cum alias vobis significaverimus , quod ad quintam praestandam ad subsidium memoratum nullatenus sustinere vellemus , quod clerici obsequio nostro vacantes contributionem aliquam facerent , in hac parte specialius a contributione minori immunes esse volumus clericos supradictos . quapropter dilectioni vestrae mandamus , attente rogantes , quatenus ordinariis locorum in mandatis dare velitis , quatenus a clericis obsequio nostro vacantibus , nihil exigant ad contributionem praedictam vel extorquere praesumant . et si quid jam ad hoc captum fuerit ab eisdem , id eis sine morae dispendio restitui faciatis , nobis significantes , quid super hoc duxeritis faciendum . teste rege apud windeles . decimo die januarii . rex dilecto sibi in christo archidiacono glouc. salutem . significamus & etiam viva voce exposuimus magistro p. rubeo , nuncio domini papae , quod non est intentionis nostrae , nec etiam volumus aliquatenus sustinere , quod vel viros religiosos vel clericum aliquem ad contributionem faciendam ad opus domini papae compellat . et ideo vobis mandamus inhibentes districte , ne ad mandatum ipsius magistri petri , vel suorum , viros religiosos seu clericos , ad contributionem praedictam faciendam aliqua censura ecclesiastica compellatis . scituri , quod si secus egeritis , nos contra vos tanquam perturbatorem pacis ecclesiasticae , quam conservare tenemur , modis quibus expedire viderimus , procedemus . teste rege apud glouc. xi . die junii . rex decano & capitulo sancti pauli london . salutem . cum ecclesia vestra protectioni dei et nostrae vacante sede specialiter sit commissa , nullatenus sustinere possuimus nec debemus , quod sub praedicta protectione iuri et libertati ejusdem ecclesiae in aliquo derogetur . cum igitur , sicut audivimus , magister p. de depham . per petrum de arch. sicut dicitur datum a sede apostolica provisorem , nisi eidem assignaveritis stallum in choro , et locum in capitulo , sede vacante procuraverit , ecclesiam vestram suspendi . quia hujusmodi assignatio si ipsam absque consensu nostro fieri contingeret , vobis firmiter inhibemus ne praefato magistro p. sive alicui alii hujusmodi assignationem vacante sede aliquatenus assignetis . teste rege apud westmonasterium ▪ die octobris . et prohibitum est magistro petro de arch. ne alicujus authoritate praefatam ecclesiam suspendere , vel in eadem sede vacante contra dignitatem regiam aliquid praesumat attemptare . et prohibitum est magistro petro de depham . ne in hujusmodi procuratione contra dignitatem regiam aliquatenus prosequi praesumat . if any religious person did cast off the habit of his order , and become a layman , or wander abroad out of his monastery without consent of his abbot or general of his order , the king upon complaint , by his ecclesiastical prerogative , usually issued forth his writs to apprehend them as apostates , and deliver them over to their superiors , to be condignly punished ; witnesse this ensuing writ . rex willielmo de vescy , & omnibus aliis fidelibus salutem . quia datum est nobis intelligi , quod quidam frater siwardus , qui aliquando professus ordine fratrum praedicatorum , in scandalum ipsius ordinis recessit a domo ipsorum fratrum de berewicke , et tanquam apostata laicorum obsequio et aliorum , contra honestatem suae religionis non erubescit adhaerere : vobis mandamus rogantes , quatenus nullus vestrum de caetero , ipsum in obsequio vestro retinere praesumat , nec impediat , quin fratres ejusdem ordinis , insistentes ad ipsum siwardum de errore suo revocandum , cum ipsum invenerint secundum exigentiam ordinis sui arrestare possint , et tractare . scituri quod sine indignatione nostra praedictum siwardum in obsequio vestro retinere vel alias contra ordinem praedictum fovere aut manutenere non possitis . teste , &c. moreover , such was the extent of the kings prerogative in ecclesiastical affairs , that if any dead person was buried in any place or church , contrary to his declaration in his last will or testament , bequeathing his corps to be interred in some other church , the king upon information thereof issued forth writs , to take up his body and translate it to be interred in the place designed by his will : witnesse this memorable writ , in the case of aleanora his own kinswoman , buried by his own command , in the priory of st. james in bristol , contrary to her testament , to be removed , and interred in the nunnery of ambresbury . rex dilectis sibi in christo priori & conventui sancti jacobi bristol , salutem . quia pro certo didicimus , quod alienora quondam consanguinea nostra , quam in domo vestra fecimus sepeliri , in ultima voluntate sua corpus suum legavit domui de ambresbury . ibidem tradendum sepulturae ; nec decet quoad sepulturam corporis sui , nec in aliis , de quibus testamentum condidit , aliter ordinare quam disposuit ; vobis mandamus , quod cum priorina de ambresbury , pro corpore illo transferendo ad domum suam ad vos venerit , vel aliquos de suis miserit , corpus illud amoveri , et ad domum suam deferri sine impedimento permittatis , nolumus enim quod alibi sepeliatur quam in vita sua fieri disposuit . in cujus &c. teste rege apud westmonasterium . die octobris . edmund archbishop of canterbury deceasing , and making executors to dispose of his goods according to his last will and testament , the king upon his executors petition issued forth this writ to the guardians of the archbishoprick , to deliver all the goods belonging of right to the archbishops executors , to and call all his bayliffs to account for the better execution of his will. rex custodibus archiepiscopatus cant. salutem . praecipimus vobis quod omnia bona quae supersunt foelicis memoriae e. quondam cant. archiepiscopi , habere faciatis executoribus testamenti faciendum . et omnia bona quae fuerunt ipsius archiepiscopi et cesserunt in usus nostros , reddi faciatis eisdem executoribus de exitibus ejusdem archiepiscopatus ad executionem praefatam faciendam . ita quod occasione nostri nichil deperiet dicto testamento , retentis tantum ad opus nostrum carucis maneriorum ejusdem archiepiscopatus , pro rationabili praecio , de quo praecio forisfaciatis executoribus praedictis , diligentem etiam fieri faciatis inquisitionem in pr●sentia praefatorum executorum , si qui aliquid habuerunt de bonis ipsius archiepiscopi ; et si quos inveneritis , qui bona aliqua de suis habuerunt , per inquisitionem illam , illos distringatis ab bona illa sine dilatione reddenda praefatis executoribus . distringi etiam faciatis omnes ballivos et praepositos , de tempore ipsius archiepiscopi , ut praefatis erecutoribus de tempore suo rationabilem compotum reddant , ut eis inde sine dilatione satisfaciant . teste meipso apud wintoniam primo die maii anno regni nostri . the bishop of worcester , and other delegates of the pope by vertue of his bulls and commission , holding plea of a prebendary in the church of lincoln , whereof the king was patron , and right of visitation and procurations , wherein the right of patronage determinable only in the kings temporal coutt , was like to come in question , to the prejudice of the kings crown and right ; thereupon the king issued these two memorable inhibitions to the popes delegates , not to proceed therein , in the first whereof his supream care and protection of the church , by divine institution , with his bishops obligation to him upon this account , are thus expressed . rex w. wigorn. episcopo , salutem . cum nos constituerit altissimus ecclesiae defensorem , quam sua gratia suffragante defendere volumus et debemus , dignum esse judicium arbitramur , ut praelati ecclesiae grata nobis vicissitudine respondeant , tempore opportuno defendendo , conservando jura et libertates regiae dignitatis . sane cum vobis et conjudicibus vestris super contentione quadam orta inter venerabilem patrem r. episcopum linc. et decanum et capitulum ejusdem ecclesiae , causa a sede apostolica sit commissa , quae sine magno praejudicio dignitatis nostrae in foro ecclesiastico non poterit ventilari , praesertim cum libertates praebendarum ecclesiarum cathedralium , quarum ad nos pertinet patronatus , deduci non possint in judicium sine nobis , et praefatus episcopus linc. visitatores et procuratores exigat in praebendis ecclesiae memoratae , non sine nostri juris injuria , et regiae dignitatis praejudicio manifesto , paternitati vestrae mandamus , inhibentes , ne in causa praedicta aliquatenus procedatis , donec de consilio nostro provisum fuerit et discussum , utrum in causa praedicta , necne , possitis procedere absque injuria nostra et laesione regiae dignitatis . teste rege apud castelacr . . die martii . rex magistro r. de kirk . & h. de ho. & aliis principalium delegatis , si affuerint , salutem . a memoria nostra non excidit , nec a vestra credimus excidisse , qualiter alias vobis literas nostras direximus , inhibentes ne in causa quae vertitur coram vobis authoritate apostolica inter r. lincoln . episcopum et decanum et capitulum super visitatione et procuratione quas praefatus epis . exigit in praebendis linc. ecclesiae in praejudicium regiae dignitatis , processum aliquem haberetis . adhuc autem iterato vobis duximus inhibendum , ne in eadem causa aliquatenus procedere praesumatis : scituri pro certo , quod si secus ageritis cum injuriam regiae dignitatis non possimus aequanimiter sustinere , nos contra vos cum jurisdictione regia procedamus . teste ut supra . a memorable evidence and expression of the kings soveraign regal ecclesiastical jurisdiction . king henry being to take a royal voyage beyond the seas against the french , thereupon issued this writ to the archdeacon of canterbury ( the see being then voyd ) to cause prayers to be made to the most high , throughout his archdeaconry , for himself , his queen , children , the prosperous successe of his affaires , and safe return home , in forme ensuing . rex archid. cantuar. salutem . cum auctore domino in proximo simus transfretaturi , et certam geramus fiduciam , quod mediantibus precibus fidelium , iter et actus nostros prosperari velit altissimus ; dilectionem vestram rogamus attentius , quatenus per totum archidiaconatum vestrum , pro nobis et regina nostra labiorum victimas altissimo faciatis offerri , ut de misericordia sua propositum nostrum feliciter adimplere valeamus , ad propria cum prosperitate reverri , et etiam pro liberis nostris drationes fieri faciatis , quod dominus ipsos conservet incolumes . teste rege apud castelacr . . die martii . the archdeacon of derby petitioning the king , that some clergymen imprisoned for the death of a man , might be delivered to his custody , according to ecclesiastical liberty ; thereupon the king issued this writ to the sheriff of notingham and derby , to deliver them to him before the coroner , upon security given for their appearance before the kings justices at the next assises , or in the kings bench , when he should require it , there to stand to their trial , if any would prosecute against them . archid . derbi regi humiliter supplicavit , per literas suas patentes , quod simonem rectorem ecclesiae de trussel . hugonem de dereb . capellanum , & rogerum de trussel . acolitum , captos & detentos in prisona regis nottingham , pro morte hominis secundum libertatem ecclesiasticam , ei liberari faceret . et mandatum est vic. nottinghamiae & derebi , quod in pleno com. suo coram coronatoribus regis , praefatos prisones eidem archid. faceret liberari : ita quod eos habeat coram justiciariis domini regis ad primam assisam , cum in partes illas venerint , vel coram rege quando praeceperit , ad standum recto , si quis versus eos loqui voluerit . teste w. eborum archiepiscopo apud westmonasterium secundo die octobris . there being a council of bishops and other prelates appointed to be held at oxford , in the . year of henry the third , the king suspecting , that some things would be propounded and attempted therein against his crown and dignity ; appointed his special proctor to sit therein , and to appeal against all such proceedings if attempted , and likewise to deliver somethings to them by word of mouth from the king , to which they might give credit , by this memorable patent . rex venerabilibus in christo patribus w. eborum archiepiscopo , angliae primati , & omnibus episcopis , & aliis praelatis qui conventuri sunt apud oxoniam , salutem . dilectum & fidelem nostrum galfridum de langel . ad vestram praesentiam duximus transmittendum , ad appellandum pro nobis , ne in concilio nunc apud oxon. convocato , contra coronam et dignitatem nostram aliquid statuere praesumatis . quaedam etiam posuimus in ore ip●us vobis exponenda , cui super hiis fidem adhibeatis . teste rege apud merleberg . xxix die novembris . there hapning a controversy concerning the affaires and elections of the churches of canterbury and winchester in the court of rome , by way of appeal , the king constituted special proctors therein , by these his letters patents . rex omnibus , salutem . sciatis nos constituisse magistrum henricum de secus , priorem antipolitanum , & magistrum willelmun de seint . amur. procuratores nostros , tam in negotiis cantuariensis , quam ecclesiae wintoniensis prosequendis in curia romana . ratum & gratum habituri , quicquid ipsi duo vel alter eorum in negotiis praedictis duxerint faciend . in cujus , &c. teste rege apud westmonast . septimo die martii . the like special proctor he appointed in the case of an inquisition before the popes delegates in england , between the bishop of bath and others , the patronage of whose churches belonged to the crown . rex venerabilibus patribus herefordensi & exoniensi episcopis & abbati sancti edmundi , salutem . in negotio inquisitionis , quod inter vos vertitur ex una parte , authoritate apostolica , & venerabilem patrem bathoniensem episcopum ex altera , magistrum robertum de ford. procuratorem nostrum constituimus , ratum & gratum habituri quicquid idem magister robertus in dicto negotio inquisitionis justitia mediante coram vobis duxerit faciendum . hoc idem dicto episcopo significamus . teste rege apud merleberg . . die novembris . the prior and covent of trinity in canterbury during the vacancy of the see , and the kings absence in forraign parts , encroaching archiepiscopal jurisdiction upon the suffragan bishops and their subjects , to their great oppression , and prejudice of the kings crown and dignity , he thereupon issued this memorable prohibition to them , to stay all proceedings till his return into england , to hear and determin these differences by the advice of the councel of the whole realm . rex priori & conventui sanctae trinitatis cant. salutem . ex insinuatione quorundam episcoporum , de regno nostro suffraganeorum cantuariensis ecclesiae nobis innotuit , quod finibus vestris non contenti , manus ad ea quae ad dignitatem pertinent archiepiscopalem , aliter quam deceret extendere nitimini , quantum in vobis est intendentes libertates ecclesiarum suarum hactenus obtentas adnullare , et ipsis ac subditis suis quasi jugum quoddam servitutis imponere , non solum in grave ipsorum praejudicium , set et manifestam regiae dignitatis laesionem , ut asserunt . cupientes igitur sic ipsis regni nostri praelatis , qui nostrum inde consilium invocarunt , adesse , quod vobis aut ecclesiae vestrae juri non videamus praejudicasse , devotionem vestram monendam duximus et rogandam ; vobis etiam singulis ac universis consulimus et mandamus , sicut alias mandavimus , quod articulos qui materiam contentionis inter vos linquunt , utpote insolitos et hucusque ut dicitur inauditos , teneatis in suspenso , quousque in anglia revertamur , ut tunc convocato consilio totius regni nostri liberius deliberemur , qualiter super tam arduo negotio ad concordiam vos revocemus . mandavimus enim eborum archiepisco , karl . episcopo , et w. de cant. quod nichil novum aut insolitum , vel aliqua quae lisi non fuistis die quo ultimo transfretavimus vel antea , in perturbationem cleri et regni nostri vos interim attemptare permittant . in quo non intendimus juri vestro in aliquo derogare . teste rege apud burd . . die junii . during the vacancy of the archbishoprick of canterbrury , the king wanting victuals to supply his forces in france , * districte praecipendo , significavit archiepiscopo eboracensi regni custodi , ut blada archiepiscopatus cantuariensis , & aliorum maneriorum & episcopatuum tunc vacantium , cum baconibus & sale , & aliis hyematuro necessariis , pannis quoque advestes faciendas adjectis , sibi sine morae dispendio usque burdogaliam , transmitterentur . unde absque denariorum multitudine , missa sunt decem mille summarum frumenti , & quinque millia avenae , cum totidem baconibus , ac si esset anglia puteus inexhaustus . most of these provisions were raised out of the temporalties of the archbishopricks and bishopricks then in the kings hand : the archbishoprick being voyd by the * death of edmund , king henry used his utmost endeavours to procure the monks of canterbury to elect boniface his queens uncle ( a forraigner and every way unfit for such a trust ) to succeed him , whom they accordingly elected upon the ensuing considerations . temporibus sub eisdem , monachi cantuariae romam ex parte conventus destinati , pro absolutione obtinenda , qua archiepiscopus , e. eos terribiliter innodaverat , mense aprili a romana curia redierunt . qui impetraverant , ut existentibus eorum negotii abbate & archidiacano sancti albani , & priore de dunestaple executoribus , ad cautelam absolverentur . sed huic impetrationi antiquus eorum persecutor , magister simon de langetune , archidiaconus cantuariensis , se statim appellando opposuit contradicens , asserens constanter , quod per falsam suggestionem & veri suppressionem , fuerant litterae talis absolutionis nequiter adquisitae . sed ipsi , qui regi certissime promiserant se bonifacium in archiepiscopum suum electuros , juxta quod r. devotissime supplicaverat , gravem super archidiaconi simonis illata injuria & excogitata malitia coram rege querimoniam deposuerunt . at rex partem fo●ens monachorum , & acceptans de bonifacio promissam electionem , terribiliter est eidem simoni archidiacono comminatus , quod si non a temerario proposito suo quam citius desisteret , regiam cum effectu , per omnia sentiret indignationem . quod cum comperit dictus simon archidiaconus , sciens quod papa in nullo regem offenderet , et sentiens se jam senem et inveteratum transalpinatorem , quievit , et a proposito concepto resilivit . monachi autem cantuarienses , comperientes papam et regem sibi vicissim indulgere , et alt . alterius quibuscunque precibus inclinari , elegerunt sibi in pastorem animarum suarum , invocata spiritus sancti et regis gratia , bonifacium electum de bal. hominem procerae staturae , elegantem corpore , avunculum dominae alienorae , illustris anglorum reginae , monachis tamen praenotatis , scientia , moribus , etaetate penitus incognitum , et tantae dignitati , respectu praedecessorum archipraesulum cantuariensium ( ut dicebatur ) insufficientem ; hac tameu consideratione , quia si alium elegissent , rex adinventis erceptionibus quibuscunque , electionem cassasset reprobatam , qui favorem papalem in omnibus obtinebat . rex autem omnibus modis volens memoratum bonifacium , vel jam electum , vel cito eligendum , promovere , & nomen ejus exaltare , ne forte dominus papa , quasi insufficientem , eundem reprobaret ; imo ut potius videretur sufficiens & idoneus tantae dignitati , jussit chartam confici , in qua commendabatur supra modum persona dict : bonifacii , & eidem scripto sigillum regium in testimonium appendit veritatis . et misit eam episcopis abbatibus , praecipiens , vel imperiose supplicans , ut & ipsi sigilla sua similiter apponentes , huic regiae assertioni certum testimonium perhiberent . multi ergo conscientiae suae integritatem nolentes infringere , & timentes illud praeceptum dominicum , non falsum testimonium perhibebis , firmiter eidem renuerunt obtemperare . quamplurimi autem digniorum clericorum , videlicet episcopi & abbates aliqui , regiis comminationibus perterriti , & enerva●i , sigilla sua , scilicet pignora & testimonia suae fidei , spreto dei timore , plus hominem quam deum reverentes , apposuerunt , & eundem bonifacium in suum superiorem gratanter acceperunt . quippe cum de nobilissimo sanguine natus , & regnorum utrorumque principibus , ipse procerus & satis sufficiens ; fuerit specialissimus . monachi tamen cantuarienses , regis praeventi supplicatione , vehementer doluerunt se regi in hoc consensisse . unde quidam monachorum ad se reversi , suam miseriam cognoscentes , ut perpetuam poenitentiam agerent ab ecclesia sua recedentes , ad ordinem curtusiae convolarunt . boniface being thus elected archishop , the king thereupon dispatcshed his letters and proctor to the pope and cardinals at rome , for his confirmation , thus entred in our records , though not extant in historians , wherein he thus flattered the pope beyond all measure , to obtain his desired purpose . sanctissimo patri ac domino , divina providentia summo pontifici , h. eadem gratia , &c. salutem . sanctitati vestrae petitiones nostras tanto cum majori porrigimus fiducia obtinendi , quanto non solum ad regni nostri commoda , set etiam ad ecclesiae romanae fructuosum honorem per ea quae petimus aspiramus . quicquid enim honoris vel commodi regno nostro accreverit , ad vestrae dominationis augmentum est specialiter referendum . cum igitur nuper ecclesia cantuar. per mortem bonae memoriae e. quondam ipsius archiepiscopi destituta pastore , petita prius , prout moris est , a nobis eligendi licentia , et obtenta , prior et conventus ejusdem , vocatis omnibus , ut intelleximus , qui vocandi erant , et praesentibus qui debebant et poterant interesse , de prudenti viro et nobis charissimo bonifacio de sabaudia procuratore bellic . ecclesiae avunculo nostro , sibi canonice ac concorditer providerint in archiepiscopum et in patrem : et nos provisionem eandem ratam habeamus quantum nostra , interest et acceptum , dilectum & fidelem clericum nuncium & procuratorem nostrum magistrum robertum anketil . canonicum dakensem , & nobis gratum , ad hoc & alia nostra negotia , quae sibi hac vice apud sedem apostolicam promovenda commisimus constitutum , ad sanctae paternitatis vestrae pedes transmisimus , devote per eum & praesentes literas nostras ex affectus cordis intime , quantum possumus humiliter supplicando , quatenus in eodem b. avunculo nostro geminam nobilitatem morum & generis , & tam ipsius quam suorum devotionem erga . deum & romanam ecclesiam attendentes , nec non utilitatem regni tanquam rei vestrae pensantes , dictum b. jam a deo promissum nobis in subsidium speciale , & proli nostrae non modicum fulcimentum , & cantuariensi ecclesiae in archiepiscopum , difficultate qualibet & impedimento postpositis , impenso , de sedis apostolicae liberalitate consueta confirmationis munere concedatis . in hoc vel de jure quo dictum b. juvari credimus● , vel si necesse fuerit , de gratia speciali petitionem nostram sic efficaciter admittentes , quod ex eo paternae dilectionis affectum quem erga nos & haeredes nostros geritis , manifestis ut optamus , indiciis ostendatis . et nos ad exaltationem coronae nostrae fructum quem bene de sublato nobis majore fratre speravimus , de minore per dei gratiam consequentes , vobis & s. romanae ecclesiae fortius imposterum astringatis . rogamus & attentius supplicamus , ut in praesenti negotio & aliis ad nos spectantibus , dicto clerico nostro exauditionis aures benevolas praebeatis , de sedis apostolicae clementia consueta , personam ipsius nichilominus nostri contemplatione habentes vestri gratia propensius commendatam , utaffectum quem sanctitatem vestram ad nos & haeredes nostros habere credimus , in hoc facto cognoscamus evidentius per effectū . quicquid enim in nostris maxime negociis quae habet procurare apud sedem apostolicam , gratiae invenerit aut favoris , nobis reputabimus esse factum . teste rege apud burd . . die feb. super eodem negotio , & consimiliter scribitur omnibus cardinalibus , videlicet , dominis roman . portuen . & sanctae ruffin . reg. hostiens . & velletr . jacobo penetrino episcopis s. titulo sanctae in transtiberim , johanni titulo sanctae praxedis ; senobaldo titulo sancti laur. in latin. presbyteris ; reinero sanctae mariae in cosmedi . egidio sanctorum cosmae & damiani , ottoni sancti nicholai in carcere tulliano , & richardo sancti angeli diaconis . upon the receipt of these flattering letters fraught with overmuch courtship , ( and the intercession of some golden angels superadded thereunto ) the pope confirmed boniface , to the admiration of many ; as matthew paris thus stories . eisdemque diebus bonifacius electus bellicensis avunculus reginae , natione provincialis , non sine multorum admiratione , in archiepiscopum cantuariensem , rege hoc diligentissime procurante , a domino papa confirmatur . dominus rex ut efficacius bonifacium promoveret in archiepiscopatum cantuariensem confecit unum scriptum , in quo miro modo ipsum bonifacium , licet ipsum non cognovisset , commendavit in moribus , & scientia & generositate , instinctu reginae . et apposito signo suo , fecit ut fere omnes angliae praelati consequenter apponerent . solus autem abbas sancti albani hoc falsum testimonium caute declinando vitavit . cum enim vidisset signum abbatis westmonasterii appensum , dixit , injurjatum fuisse ei , cum abbas sancti albani digniorem esse constet , dicente ejus privilegio , sicut beatus albanus protomartyr est angliae , ita & ejus abbas primus sit omnium abbatum angliae ordine & dignitate , ergo ejus signum deberet apponi . et sic permissum est hoc donec excuteretur . hoc scriptum missum est domino papae , ut de bonitate bonifacii plenius certificaretur . there being a great contest between the king and the prior and monkes of winchester about the election of their bishop , they electing first william de raeley bishop of norwich ; whom the king and pope opposing , thereupon they elected ralph * nevill , whose election was likewise vacated : after which , according to their first resolution , they elected the bishop of norwich again ; whose election was suddenly made , and quickly confirmed at rome : yet the king ceased not to spurn againstit , commanding the mayor of winchester to forbid the new bishop entrance into the city , which he did ; who thereupon excommunicated him for his labour and interdicted the whole city . the king thereupon so persecuted the monks , that he imprisoned divers ofthem , and so afflicted the bishop , that he was forced to flye the realm , and passe into france for a season . thus related by matthew paris , and mat. westm . curriculo temporum eorundem rex continuans conceptam iracundiam aggravavit adversus episcopum norwicensem eo quod postulationi consensit de se factae ad episcopatum wintoniensem ; noluit enim , quia nec decuit renunciare . exigebat tamen rex chartam ab eodem de renunciatione , quod idem episcopus facere constanter renuebat . orta exinde occasionaliter quadam dissensione gravi in episcopatu suo per quendam scriptorem curiae , qui pro sua temeraria usurpatione vulneratus est , multa inconvenientia sunt secuta . unde multi tam clerici quam laici baculati , vulnerati , & pugnis impie sunt percussi , & per brachium secularem multis damnis & injuriis lacessiti . nec voluit aliquo modo rex , ut jurejurando affirmabat , a talibus gravaminibus desistere , nisi dictus episcopus , ut praetactum est , chartam conficeret quod nunquam ad episcopatum wintoniensem transferri se permitteret , quod omnino dissonum fuit rationi , et episcopali contrarium professiom . quia si dominus papa in virtute obedientiae id ei praeciperet , nullo modo , si filius esset obedientiae , aliquatenus posset contradicere . sub illis diebus , quidam aulici satellites , qui de regiis praeceptis confidentes & enormia saepe ex levibus nanciscentes , venerunt wintokiam , sciscitantes arroganter , qui monachorum noluerunt regiis mandatis obedire super electione , vel postulatione wintoniensis episcopi , quique illi erant qui episcopum norwicensem , willielmum videlicet de raele , regi non obtemperantem , tam procaciter postularent , ut nullo terrore vel precibus resilire dignarentur ? o monachorum superbia , cucullatorum improbitas obstinata . facta igitur inquisitione per priorem intrusum , qui totius turbationis fuit machinator , ejecerunt a monasterio eosdem monachos , non senium , non personas , vel ordinem , vel demum reverentiam ecclesiae vel claustri considerantes . quos etiam carcere , fame , convitiis & infamia , viliter & indigne , in totius ordinis monastici dedecus , & ignominiam , afflixerunt . sub eisdem diebus , ipse brito , quem violenter dominus rex praeposuerat conventui wintoniensi , quasi priorem , conventum multis modis affligere satagebat . procurante enim eodem impostore , ut justam causam habere videretur , quod conventus ei contradicens excommunicaretur , ortae sunt dissensiones . et vocatis regiis satellibus post quadraginta dies elapsos , dixit : ite & vindicate regiam & nostram injuriam in rebellibus nostris , excommunicati enim sunt , nec est aliqua offensa in eos manus violentas injicere . catervatim igitur ruunt aeditui regales , & crudelius quam a rege imperatum est , vel a falso priore persuasum , manus prophanas in monachos ad majus altare fugientes , ut ibidem tutum haberent refugium , violenter injecerunt . et impellentes viriliterque trahentes , ita ut pavimentum cruentarent , ab ecclesia ejecerunt . et in conspectu civium , prae dolore et admiratione flebiliter ejulantium , usque ad castrum regium , & ad husvebeie raptim tractitabant , pugnis coedentes , baculis impingentes , probris afficientes , hos hic , hos illic incarcerantes , vinculis & compedibus binos & binos manciparunt . et spreto dei timore , religione , habitusque reverentia , squalore carcerali , tenebris , fame & frigore , cum opprobriis , non sine palma martyrii , cruciarunt . ipsi autem scientes haec omnia sibi pro executione justitiae violenter inferri , patienter , imo gaudenter sustinuerunt , qui digni sunt pro christo contumeliam tolerare . the king likewise writ to the pope , not to permit the monks of winton ( then at rome to justifië their election ) to take up any provisions or monies upon the account of the church or monastery of winton , whereof he was patron ; and likewise importuned him , by way of provision , to conferr the bishoprick upon his uncle * boniface ; who being soon after elected and confirmed archbishop of canterbury , he moved the pope both by his letters and proctor , not to consent to the bishops translation from norwich to winchester , to the prejudice of his crown and honour ; and to give way that the prior and monks might proceed to the election of another bishop , as these letters to the pope entred in the patent and charter roll of h. . inform us ; domino papae rex salutem . quia wintoniensem ecclesiam tanquam ad nos de speciali jure patronatus spectantem tueri & exaltare , ac ejus oppressionibus seu afflictionibus obviare , necnon indempnitatibus providere tanto affectuosius volumus & debemus , quanto in ejus exaltatione nos contingeret specialius gloriari , sanctitati vestrae supplicamus , quatenus per benedictum de burgo monac . wintoniensem & sequaces ejus , nostri & nostrorum adversarios nominis & honoris in curia vestra , contra sui voluntatem prioris vagantes , expensis eam non permittatis gravari , seu debitis onerari , faciendo eis provisionem ad expensas & mutuum vestri gratia denegari ; quod enim eorum expensae sive debita de bonis ecclesiae praedictae solverentur , non possemus aequanimiter sustinere . teste rege apud burd . primo die februarii . super eodem negotio scribitur omnibus cardinalibus . teste ut supra . eidem domino papae , rex salutem . cum inspirante gratia sancti spiritus , sitis a deo supra omnes in eminenti specula cum potestatis plenitudine constituti , et sub vobis alii sunt in sollicitudinis partem gradatim positi , specialiter autem reges et principes , in tutelam ecclesiarum et subsidium oppressorum , ad vos recurrendum esse credimus quotiens negotiorum imminet difficultas , ut per providentiam , et circumspectionem vestram & sacri vestrarum fratrum collegii dominorum cardinalium , ecclesiae sacrosantctae remedium adhibeatur , quod expedit , & salubre consilium apponatur . cum igitur wintoniensis ecclesiae quam tanquam ad nos de speciali jure patronatus spectantem tueri et exaltare , tanto affectuosius volumus & debemus , quanto specialius in ejus exaltatione & gratia nos contingeret gloriari , ardenti cupiamus desiderio indempnitatibus providere , ac ejus afflictionibus seu oppressionibus obviare , non possumus ideo , sicut nec debemus , sub dissimulatione sufferre , ipsam per aliquem occupari , qui ad eam ambitiose per abrupta intendat ascendere , vel transire , non debet vestra circumspectio admirari , si nos cum nostra intersit interponamus partes nostras . quocirca dominationi vestrae paternitatis sanctissimae supplicamus , quatenus episcopum norwicensem , in nostrum et honoris coronae nostrae praejudicium et non modicum detrimentum , sicut alias scripsimus praedecessori vestro , mandati ejus non servato tenore , & venerabilis patris domini o. sancti nicholai in carcere tulliano tunc legati in anglia , spreto consilio , de quo duntaxat ecclesiae jam dictae per electionem canonicam seu idoneam , in pastorem contra sanctiones canonicas postulatum , non sustineatis transferri , sicut honorem nostrum diligitis ad eandem ; cum prior ipsius ecclesiae & ejus complices , utpote illi ad quos per aliorum in obedientiam , peccatum , negligentiam sive culpam tota de jure illa vice devolvebatur , ipsi ecclesiae providendi potestas , de b. de sabaudia , secundum tenorem mandati apostolici , dicti legati consilio adhaerentes , canonice ac concorditer providerunt . quae si forte provisio ad effectum non pervenerit , de ipso quem ad altiora provehi , per vos cupimus et speramus , per magistrum robertum auketill , & per praesentes literas , cum quanta possumus devotione ac precum instantia vobis & sacro fratrum vestrorum collegio iterum supplicamus , ut jam dicto priori , archidiaconos winton . & complicibus eorundem quos obediendo mandato dicti praedecessoris vestri & domini legati sequendo consilium , nullus debet intelligere peccavisse , sed meruisse potius gratiam de benignitate sedis apostolicae consueta nostri contemplatione honoris , eo quod semper a nobis requirenda est licentia concedatur facultas iterum eligendi ipsos in hoc & aliis negotiis suis quae nos tangunt , prout praedictus clericus , noster ex parte nostra vobis explicaverit viva voce , habentes amore nostri & precum interventu nostrarum propensius vestri gratia commendatos , ut affectum quem vos ad nos habere credimus , in hoc facto cognoscamus evidentius per effectum . quicquid enim pro nobis apud sedem apostolicam invenerit gratiae , aut favoris , nobis reputabimus esse factum , & ne credatur susurrone aliquo suadente , nos dissimulando velle translationem dicti norwicensis episcopi ad winton . ecclesiam sustinere , supradictum magistrum procuratorem nostrum constituimus generalem , ad omnia quae nos tangunt ratione vel occasione provisionis factae de ipso b. specialiter autem ad proponend . & prosequendum in euria romana contra eundem episcopum , ipsumque postulantium personas , & formam factae postulationis , de ipso exceptiones quascunque competentes & competituras nobis secundum quod viderit expedire . nos opponentes ipsi & eum postulantibus , nec non postulationi suae ut incepimus incessanter , ratum habituri & gratum , quicquid super praemissis in praedicta curia ipso procuratore nostro fuerit factum procurante . teste ut supra . the differences between king henry , the monks , and this bishop elect of winchester , transmitted to posterity by our historians , are thus related . tempore quoque sub eodem , episcopus norwicensis postulatus in episcopum wintoniensem , à domino papa , quem sibi valde propitium invenit , rege minus invito et renitente , confirmatus est . ( notwithstanding his foresaid letters to the pope . ) certificati autem monachi norwicenses super confirmatione domini willielmi de rale , qui episcopus eorum extiterat , ad episcopatum wintoniensem postulati , invocata spiritus sancti gratia , magistrum walterum de suffeld . virum eleganter literatum , moribus , fama , genere pollentem , unanimiter in episcopum & suarum pastorem animarum eligerunt . qui cum regi , ut moris est , praesentaretur , satis et electum et electionem acceptando reputavit irreprehensibilem . veruntamen donec plenius constaret ei de confirmatione wintoniensis , favoris suspendit ad tempus plenitudinem . ( he was afterwards confirmed by boniface archishop elect of canterbury . ) rex autem eisdem diebus nimis commotus erga episcopum wintoniensem willelmum de rale , eo quod se quasi episcopum wintoniensem gerebat ; & a cunctis , praeter quosdam monachos wintonienses habebatur & dicebatur , renuit recepi ab eo in osculo , vel ipsum in aliquo amicabili verbo recipere . qui tamen omnes angliae nobiles praecipue ptaelatos , & in osculo , & in gratis eloquiis , post adventum suum de partibus ultramarinis , tam gratanter quam gratulanter susceperat , & civiliter advocarat . in eujus rei tristi prognostico , episcopus luce clarius perpendens , regis iram inveteratam in odium pertinax induratam fuisse , penes amicos suos , quos fortunae minime credidit esse sectatores , donec visitaret eum oriens ex alto , & tepesceret regis indignatio , latitavit . rex autem , persistens in ira sua , ad maneria sua arctam posuit custodiam per suos satellites : qui , ut de more solent , limites praecepti tyrannici saeviendo transgredientes , episcopatui subjectos satis inhumane tractantes , propriis emolumentis avidius intendebant . et cum episcopus praenominatus causa intrandi in civitatem , ad suam sedem cathedralem specialiter spectantem , scilicet wintoniam pervenisset , jussit rex portas civitatis arctissime custodiri . priorautem wintoniensis , si dignus est nomine prioris censeri aut nominari , magnam partem monachorum , in unam conflavit conspirationem , ut in suum episcopum calcaneum levarent ; asserens in propatulo , omnes qui ei pr●berent auxilium vel consilium , inimicos domini regis fore manifestos , et proinde graviter puniendos : ita ut tam inter monachos quam seculares , ortum est schisma , & usque ad sanguinis effusionem gravis & detestabilis discordia . igitur ipse miser , habitum tantummodo portans religionis , qui nomen non officium prioris ecclesiae winton . sibi temere usurpaverat , & praecepto regio se fecit prior nominari , & a multis haberi , postquam illam nobilem ecclesiam diversimode , non sine multa delapidatione , scandalo , & conventus ipsius ecclesiae , variis afflictionibus turbaverat , multis afflictam sollicitudinibus , animam miseram exhalavit , viarum suarum fructus recepturus . rex autum , nulla ratione refraenatus , sed propriae voluntatis impetu potius exagitatus , manum aggravans potentissimam , & in episcopum praedictum & ejus bona gravando protendens , clamari fecit , et prohibuit , ne quis willielmum de r●l● , ( qui se falso , ut ait , episcopum wintoniensem fecit ) solenniter acclamaret , hospitio susciperet , vel eidem in venalivus communicaret , vel necessaria victualium ministraret , et qui ei in aliquo horum subveniret , hostis regis , imo publicus haberetur . misit etiam idem rex literas suos oxoniam , ut eundem episcopum coram universitate diffamaret , asserens eundem per falsam suggestionem a domino papa impetrasse , ut in episcopum wintoniensem postularetur , et transferretur , & quod omnem dolum suum coram curia romana & regno sufficienter probando detunicaret . ad quod effectui mancipandum , cursores suos romipedas jam destinavit . fecit etiam episcopatum norwicensem infiscari , ut ubique , & omnino eidem aditus ad solatium excluderetur . misit insuper dictus dominus rex contra memoratum episcopum theobaldum monachum westmonasteriensem , priorem hurleiae , ad romanam curiam , nec non & magistrum alexandrum legistam cognomento s●cular●m , ut ipsi dictum episcopum , vel quacunque prece , vel quantocunque precio , a sua dignitate praecipitarent . episcopus autem memoratus gulielmus , ne ecclesiam suam visitaret , winton . adi●t . major autem civitatis , & suorum concivium nonnulli , super hoc praemuniti , & praecepto ipsius regis animati , omnes portas civitatis contra ipsum praeclusit . episcopus vero nudis pedibus ad unam portam civitatis , & postea ad alias extra civitatem , cum suis presbyteris & clericis , aditum humiliter , ut ecclesiam suam intraret , postulavit ; omnes enim portas in adventu suo clausas inveniebat . obstantibus autem majore civitatis & ministris regis , & ubique introitum procaci●er denegantibus , & probra probis cumulantibus , episcopus civitatem totam , cum ecclesia cathedrali , et omnibus aliis interdicto supposuit , nec non , et omnes monachos sequaces et fautores prioris intrusi per regem , anathematis vinculo terribiliter innodavit . i shall now proceed to informe you what our records attest concerning it . the king having appealed to rome against the bishop of norwich election , and translation to winchester , sent his appeal to robert ludlowe , to publish and execute : he against the kings intention , exceeding his commission , by armed force , seised the bishops goods and provisions , as well within as without his church , which the king disliked , reprehended , and commanded to be restored , by this writ . rex magistro roberto de ludelawe , salutem . auditis & intellectis hiis quae nobis significastis per literas vestras , satis inde non potuimus admirari ; cum vos propter discretionem vestram , de qua confidebamus , miseramus , ad stultitiam laicorum compescendam , si quae vellent attemptare , quae essent ad deteriorationem causae nostrae , contra ▪ w. de r. episcopum , ea fecistis quae laicos fecisse non debuerat . res & victualia sua quae deportari fecit a partibus norff. tam in ecclesia quam extra ecclesiam arrestando , & vim armatam convocando ad talia perpetranda , quae nostris exprimere literis aborremus , quae si vellemus , quod deus avertat , perpetrari , non id fieri mandassemus in manu clericali . hinc est , quod non mediocriter moti super praemissis , vobis mandamus , quatenus bona ipsius episcopi per vos arrestata , tam in ecclesia quam extra , nec non & omnia bona occasione ipsius episcopi arrestata , visis literis istis deliberari faciatis , ab executione caeterarum crudelitatum vestrorum quae continebantur in literis vestris quas nobis misistis , vos penitus abstinentes : licet enim per vos appellationem nostram , & in ea nobis adhaerentes ab omni violentia intendamus defendi & tueri , non tamen contra aliquos alios crudelitatem aliquam volumus perpetrari . sed potius ea quae ad tuitionem appellationis & partis nostrae pertinent , taliter exerceatis via media incedendo , quod nec de duritia , nec de negligentia redargui debeatis . vos igitur praecepta nostra , quae vobis injunximus , viva voce , & quae prius vicecomitibus & caeteris ballivis nostris demandaveramus , quae omnia diligenter volumus observari , firmiter teneatis & observetis . et si super aliquibus forsitan haesitetis , consilium nostrum requiratis , antequam aliquid novum durius attemptetis . teste rege apud waliford . vicesimo secundo die decembris . the bishop soon after presuming against the kings appeal , to enter into the bishoprick of winchester , to conferre orders , excommunicate his subjects , the mayor , citizens , and interdict the whole city of winton . for obeying his commands ( as you heard before ) and intending to proceed de novo in the like contempts , the king thereupon , ( to preserve his own royal prerogative and jurisdiction ecclesiastical , and evidence his supremacy in and over all ecclesiastical persons , causes ) issued this writ to the gardians of this bishoprick ; touching his proceedings against him in this appeal , commanding them personally to acquaint the bishop therewith , to read it to him in the presence of witnesses , to declare all his excommunications voyd , and that he would severely proceed against him , if he persisted in his obstinacy , and submitted not to his appeal . rex custodibus episcopatus winton . salutem . licet contra w. de raleg . appellaverimus in hunc modum , dicit dominus rex , &c. ut patet ex alia parte r●●uli in appellatione facta contra eundem episcopum , & post appellationem quam de diversorum jurisperitorum regni nostri , quos huic habere potuimus , fecimus , magistros oxon. in jurelegentes , & alios viros religiosos & jurisperitos consuluerimus , & per omnes dicta appellatio fuerit approbata ; dictus tamen episcopus haec omnia parvipendens , & spernens , supra dictum episcopatum , sicut intelleximus intravit , ordinesque celebravit ibidem , sententiasque diversas excommunicationis et suspentionis protulit , nuncque de novo manum suam totis viribus aggravando , majorem et ballivos nostros winton . excommunicavit , contra privilegia nostra prohibentia , nequis in tales sententias proferat , nisi authoritate rescripti apostolici , specialem facientes de dicto nostro privilegio mentionem , et civitatem winton . interdixit ; quae omnia licet de facto tantum teneant , tamen utcunque famam nostram sugillant , nec ipsa de catero possumus conniventibus oculis praeterire . ideoque vobis praecipiendo mandamus , quatenus convocatis abbate abbatiae de hyda , priore fratrum praedicatorum , cum duobus vel tribus de fratribus , & gardiano fratrum minorum , cum totidem & aliis viris religiosis honestis & fide dignis , quos habere poteritis , ad dictum episcopum accedatis , & supradicta omnia de verbo ad verbum legi faciatis , iterum ex eisdem causis , & supradicto modo nomine nostro appellantes & supplicantes . postea sibi ex parte nostra offeratis , nos paratos incontinenti mittere parisius ad omnes magistros in jure , ibidem regentes & alios jurisperitos , qui ibidem poterunt reperiri . et si audita dicta appellatione , & plene intellecta , ipsam dicant , tanquam inanem & frivolam non fuisse admittendam , nec fore nuncios & procuratores nostros , quos jam ad curiam romanam , pro prosecutione dictae appellationis misimus , & alios qui jam sunt in procinctu itineris sui , revocabimus , & in aliis omnibus erga ipsum episcopum , nos habebimus secundum quod decuerit , & sicut praedicti magistri jurisperiti dixerint faciemus . quod si dictam appellationem tanquam rationabilem , seu probabilem admittendam fuisse , & fore dixerint , idem episcopus episcopatum exeat , et clerici quos ordinavit suspensi permaneant , et quicquid post et contra appellationem praedictam factum est , sicut hoc totum de jure fuerit , in irritum revocetur . ita quod haec omnia & offensas et injurias contra nos & nostros attemptas corrigat & emendet , juxta dictum & consilium magistrorum . quod si hoc totum renuerit , sciat pro certo , quod nos contra ipsum et suos taliter procedemus , quod paena decente sentiat se errasse . hiis autem omnibus lectis coram ipso , post sigillum nostrum , hiis praesentibus literis faciatis opponi sigilla praesentium testificantium lectionem & oblationem praedictas , & responsum episcopi supradicti apponentes , diem & annum , quibus nomine & de mandato nostro , haec omnia legeritis & optuleritis , & postmodum haec omnia universo clero & populo winton . publicetis , & transcriptum retinentes nobis incontinenti facta publicatione praesentes literas transmittatis . supradicta etiam sic intelligimus , quod licet appellatio per magistros parisienses approbaretur , nichilominus tamen postea appellationem nostram prosequentes , super praemissis voluntatem & judicum sumum pontificis audivimus , & secundum quod judicaverit per omnia faciemus . quod si hoc totum renuerit , et sic per elationem et ambitionem nimiam , nos et nostros sic in episcopatu morando et administrando contra deum et justitiam , quasi in regno nobis fortior sit , offendere eligit ; it●rum nomine nostro propter haec nova gravamina ad sedem apostolicam appelletis , & ad tuitionem ad electum cantuariensem . nos enim dante domino super hoc justum & salubre consilium capiemus . teste rege apud wind. primo die januarii . the bishop notwithstanding this writ and appeal , persevering in his obstinacy , the king thereupon sene this second writ , to the gardians of the spiritualties , and writ a letter to the pope , answering all his cavils and exceptions against this appeal . rex custodibus episcopatus wint. vicecomitibus suthamp . & sur. salutem . nuper pervenit ad aures nostras quod vv. de ral. episcopus , post legitimas nostras appellationes quas ad dominum papam interposuimus , propter multiplices injurias & magna gravamina quae nobis & nostris intulit , denunciavit magistrum henericnm de secus , clericum nostrum specialem & in hoc negotio nostrum procuratorem , & monachos quosdam sancti switini vvinton . nobis adhaerentes , et quosdam alios sententia excommunicationis innodat●s , quam injuriam in curia nostra nobis factam , tanquam gravissimam ad animam revocamus . et cum tam grave delictum contra nos attemptat , nullatemis impunitum possumus derelinquere , vobis districtius praecipiendo mandamus , sicut vos ipsos & vestra diligitis , si idem episcopus contra appellationes nostras , legitime ad sedem apostolicam interpositas , episcopatum winton . intret , ad officium episcopale exercendum , eundem nullo modo hospitemini , nec hospitari ab aliquo saico permittatis , nec aliquem de clericis suis , nec aliquem de hiis qui se gerent suos officiales . immo sub paena memorata omnibus laicis de balliva vestra inhibeatis , ne cum praescriptis contractus faciant , vel commercia contrahant . item , laicos ejusdem episcopatus , et suos concomitantes capi faciatis , et captis detineatis donec aliud a nobis acceperitis mandatum , maxime cum post publicationem nostrarum appellationum ad provocationem animi nostri superiora attemptasset , praecipue cum officialis electi cantuariensis ad cujus tuitionem appellavimus , causas praedictarum nostrarum appellationum approbaverit . et quicquid in praejudicium ipsarum attemptatum fuerit , irritum pronunciavit et inane , nosque , clericos nostros & alios nobis adhaerentes in eodem statu in quo fuimus , fuerunt , & nostrae tempore appellarionis interpositae pronunciavit fore tuendos , & manutenendos ; hanc autem p●nam contra memoratum episcopum , vos volumus exercere et suos , quamdiu infra episcopatum winton . fuerint , & non extra , elapsis etiam quatuor diebus postquam per vos admoniti fuerint , quod dictum episcopatum exeant , nec ipsi ulterius remaneant contra appellationem nostram per dictum officialem approbatam . teste rege apud vvestmon . . die januarii . the day following the king writ thus to the pope concerning this appeal . domino papae rex , salutem . noverit sancta paternitas vestra nos appellasse contra w. de radleg episcopum in hunc modum . dicit dominus rex , &c. ut infra rotulam , postmodum vero quia praedicti custodes ipsum episcopum invenire non poterant in partibus winton . ad praedicta mandata nostra exequenda , anno &c. xxviij . viij . die januar. lectae fuerunt praedictae literae in praesentia w. de ral. episcopi , & in praesentia abbatum w stm . & de tichfeld , fratris walteri prioris fratrum praedicatorum london . magistri alex. secularis , johannis de gatesden , & aliorum plurimorum virorum religiosorum & laicorum side dignorum apud suwerk , quibus idem episcopus secundum subscriptas responsiones respondit , & quibus responsionibus secundum subscriptas replicationes replicavit dominus rex s●c . licet dominus h. rex angliae nihil petierit ab w. de ral. episcopo , sed ei cum omni humanitate & humilitate diversos modos obtulerit , secundum quos paratus erat facere quicquid deberet , salva appellatione sua , ipse tamen episcopus responsum dedit minus sussiciens & injustum : unde contra primam responsionem quam fecit id●m episcopus sic dicit . g. cum domini papae literas receperit continentes , quod ipsum a cura ecclesiae norwicensis absolutum wintoniensi ecclesiae , de fratrum suorum consilio , praefecit in pastorem , omnem postulationis defectum in dicta ecclesia de eo factae , de suae potestatis supplens plenitudine , per quas in virtute obedientiae ei injungitur , ut wintoniensem ecclesiam adeat , & in episcopatu officii sui debitum exequatur , si secundum regis petitionem super exceptionibus contra suae jurisdictionis exercitium , ex parte sua propositis magistrorum parisiensium examinationem subiret , contra omnem sanctionem c●nonicam dubitare videretur , an apostolico mandato deberet obedire , cum in certis nec discussionibus , nec locus existat conjecturis . sic replicat idem dominus rex extra judicium , & salva sua appellatione . quod cum summus pontifex quantumcumque scribat praecise , legitimas tamen exceptiones contra suam mandatum admittere per decretalem suam dicat : etidem dominus rex contra literas domini papae tales exceptiones opposuerit , quas si dominus papa audivisset , recepisset , nec in translatione dicti episcopi taliter processisset , nec literas quas idem episcopus sibi a summo pontifice directas asserit , concessisset , contra omnem fanctionem canonicam . et idem episcopus praedictas exceptiones admittere debuisset , & quousque dominus rex de praedictis per summum pontificem certificatus esset , ab ingressu & administratione wirton . episcopatus , nisi gratia quam sibi factam asserit abuti vellet , penitus abstinere : nec obest supplementum plenitudinis potestatis ; nam & ipsum , & omnia quae in literis continentur , per subreptionem & falsitatem obtenta fuerunt , sicut in appellatione domini regis apparet . et si principale non tenuit , non valuit quod ex eo vel ob id sequebatur : contra secundum , cujus tenor talis est . item cum dictae exceptiones ad domini factum infirmandum proponantur , & ab earundem effectu , num videatur , quod ab ipso qui jura tuetur injuriandi occasio oriatur . cum minor in majorem imperium non habeat , dictis magistris authoritate domini papae minime requisita , in facto praefato omnis discussionis potestas a jure denegatur , & tam ipsorum praesumptio , quam eorundem examen in apostolicae sedis praejudicium eligentium ultioni debet subjacere . sic replicat dominus rex extra judicium , & salva appellatione sua . idem dominus rex , quod ad infirmandum , quod factum est per summum pontificem , ex certa scientia nihil proponit , sed ad subreptionem & falsitatem praedictas detegendas , & ad id quod dictus summus pontifex circumventus fecit in melius reformandum , quod alias factum fuisse legitur in decretalibus legibus & decretis , nec examen magistrorum parisiensium obtulit ad discussionem aliquam diffinitivam faciendam , set ad causas appellationis suae videndas , & ut de plano rescriberent , an ipsas frivolas , an probabiles judicarent , sicut in oblatione per ipsum facta plenius continetur : contra tertiam etiam cujus tenor talis est . item , si absque juris offensa ipsorum eligi posset discussio in praemissis , tamen eorum subjacere sententiae nec regni utilitati congruerit , nec majestati regiae conveniret illam , cum in utroque jure in regno suo existant peritissimi , si alterius regionis examen invocaret , vel de suorum fidelitate diffidere , vel circa praemissa videretur insufficiens ipsorum consilium reputare , quod celsitudinem regiam non deceret , quae secundum legum statuta non solum armis , set etiam legibus esse debet decorata ; maxime cum praedecessorum suorum temporibus majores mundi principes super causis dubiis regium requirere consilium consueverunt , et jurisperitorum angl. convocatione formatum in omnibus comprobare . sic replicat idem dominus rex extra judicium , & salva sua appellatione , quod cum de consilio jurisperitorum regni sui quos tunc habere potuit , appellationem dictam fecerit , & postea magistros oxon. in jure regentes consuluerit , & alios viros religiosos , certum est quod non diffidit dominus rex de consilio suorum jurisperitorum , sed cum ipse episcopus oblationem sibi factam per magistrum henricum de secus , sicut in appellatione sua continet , & quam ratam habuit , & habet , renuerit , ipse incidit in diffidentiam quam eidem domino regi imponit ; hoc enim facile cognosceret si cum superioribus consilium habuisset . et quia consilium magistrorum parisiersi●m renuit , ut in responsione sua satis innuit , ex hoc novo gravamine ad apostolicam sedem appellat , & ad tuitionem ad cantuar. electum , & appellationem antiquam innovat , sicut in suis literis plenius continetur . addit etiam dominus rex ; quod oblationem quam fecit de magistris parisiersibus , ex maxima humilitate & aequitate processit , & ut pertinacia & ambitiosa voluntas ipsius episcopi luce clarius appareret , quia cum idem episcopus consilium sive cognitionem jurisperitorum de regno , sicut dictum est refutavit , credere posset aliquis , quod juste & probabiliter moveretur quasi innueret , quod nullus de toto regno auderet dicere contra voluntatem regiam . et ideo obtulit cognitionem plenariam magistrorum illius civitatis , quam habet odio super omnes , sicut illam cui inimici sui capitales dominantur , & in ea conversantur , nec tam audacter dominus rex hoc obtulisset , nisi jus suum foret apertissimum . unde cum dictus episcopus cognitionem plenariam subjectorum & non subjectorum amicorum & inimicorum renuerit , quo spiritu ducatur satis ostendit : item contra quartam , cujus tenor talis est . item , ad hoc quod dominus rex per literas suas appellationum causas continentes , videtur innuere , quod quasi cui regno suo fortior existeret procedit , respondet , quod per potentiam secularem vel aliam nunquam suis resistere proposuit voluntatibus , sed in hiis quae regiae congruunt dignitati in omnibus affectat obedire , & siquid in sui praejudicium contra justitiam attemptaverit , corrigere , dum tamen in executione officii authoritate sedis apostolicae suis humeris alligati non posset negligens reputari . sic replicat idem dominus rex extra judicium , & salva sua appellatione , quod facta ipsius episcopi verbis ipsius , de quo dolet dominus rex , aperte contradicunt : et quae per ipsum attemptata sunt in praejudicium domini regis , et nimium contemptum , licet non in toto , in parte tamen in literis domini regis , quae ipsi episcopo heri lectae fuerunt , in quibus oblatio cognitionis praedictorum magistrorum continetur late declaratur . et si se circa praedicta vellet corrigere , bene faceret , quod etiam quis in propria causa datus sit executor a seculo non est auditum . idem etiam episcopus non in minimum contemptum apostolicae sedis , quae quemlibet juste appellantem tuetur , & maxime illum , qui jam ad ipsam iter arripuit , in magistrum henricum de secus supradictum consiliarium domini regis , & procuratorem in hac causa , post appellationem supradictam , & licentiam quam ab amicis & familia sua winton . receperat , & jam iter arripuerat causa prosequendi hanc causam , sicut audivit dominus rex , excommunicationis sententiam promulgavit de facto , quia de jure non potuit , sed certe quod uni ex minimis suis fecit , &c. et qui vos tangit , &c. nec mirum , quia pars corporis sui est . teste rege apud westm . xij . die januar. moreover the king to these his replyes to the bishops cavils , superadded these reasons against his translation and ordination to winchester . dicit dominus rex se non teneri ad recipiendum w. de raleg . episcopum norwic . in winton . pontificem , occasione rescripti apostolici dicto domino regi oblati . innocentius servus servorum dei , &c. in amore virtutum , &c. seu occasione postulationis de ipso facto in wintoniensem ecclesiam , & per summum pontificem sicut asseritur confirmatae , & hoc illa ratione , quia appellatum fuit ex parte ipsius domini regis , contra dictam postulationem ad sedem apostolicam , & procuratores missi qui in causa praefatae postulationis coram bonae memoriae domino gregorio nono , multas exceptiones proposuerunt , & in multis aliis processerunt . de qua appellatione seu processu in praefato rescripto nulla fit mentio : immo hiis omnibus suppressis , innuit ipsum episcopum amicum fore regis & ei devotum ; cum ipse dominus rex ipsum episcopum reputet fortissimum inimicum et diu steterit , quod propter rancorem contra ipsum conceptum non comparuerit coram regia majestate . item , quia dominus innocentius supradictus in ordinatione & translatione quam de persona praefati episcopi dicit fecisse in wintoniensem ecclesiam seu confirmatione praedicta , sicut praesumit dominus rex , non plene certificatus de facto contra privilegia regia , veris procuratoribus domini regis insciis et absentibus , et quibusdam etiam ex ipsis per aliquos ex fratribus apostolicae sedis licentiatis , cum nulla spes haberetur super creatione summi pontificis , nec postea revocatis , nec domino rege citato , nec aliquo praesente qui jus regium defenderet . item , quibusdam canonicis linc. qui sicut nunciatum est regi , pro certo dicebant se procuratores domini regis , cum super praedictis nullum mandatum haberent , praesentibus & ipsis & quibusdam aliis asserentibus quod domino rege placeret , si dictus episcopus norwicensis ad ecclesiam wintoniensem transferreretur , & quod credebant pro certo ipsum episcopum omnino domino regi fore reconciliatum , quod salsum erat . immo dominus rex quam cito scivit dominum papam creatum , incontinenti per nuncios suos literas misit eidem , significans quod super hoc mitteret ad sedem apostolicam procuratores suos , & supplicans , ne dominus papa ante adventum procutatorum dictorum in aliquo super hoc procederet , ignoranter asseritur processisse . unde si ita est , immo quia ita est , liquet summum pontificem in negotio praedictae ordinationis sive translationis vel confirmationis deceptum fuisse . et quicquid ex parte dicti episcopia summo pontifice in hac parte obtentum est per falsitatem , & sub eptionem obtentum , maxime cum tempore illo quo summus pontifex in praemissis finaliter processisse dicitur , propter famam dictae reconciliationis , sicut verisimiliter praesumitur , motus praefatus episcopus esset per cantuariensim ecclesiam vacante sede , excommunicationis vinculo innodatus , secundum quod postea recognovit , literas a sede apostolica super hoc impetrando , quam excommunicationem summus pontifex supradicto tempore penitus ignorabat . et quia talia facta romanorum pontificum , sicut jura testantur , non prohibentur , immo conceduntur in melius reformari , nec de hiis alius quam summus pontifex posset cognoscere super praedictis omnibus et singulis , offert dominus rex , se paratum fore stare judicio summi pontificis , & prohibet praefato episcopo , ne episcopatum winton . intret , nec tanquam episcopus in aliquo per se vel per alium administret in prejudicium juris regalis , seu regiae dignitatis , quousque super praemissis per summum pontificem fuerit judicatum , & secunda jussio , si justum fuerit , emanaverit . quod si huic scripturae oblationi seu prohibitioni acquiescere nolit praedictus episcopus , dominus rex , tam contra ipsum , quam contra coexecutores suos quos habet , ex praemissis causis , & qualibet per se ad hoc sufficiente . et quia antequam dictum rescriptum domino regi praesentasset , & metropolitanae & aliis vicinis ecclesiis publicasset , seu responsum domini regis super hoc congruo tempore expectasset , & antequam ab electo cantuariens . per dominum regem admisso , seu episcopo hereford . vicem ipsius electi gerente , authoritatem haberet , se per suas literas winton . episcopum nominavit . et usus est jurisdictione ord naria subditos ecclesia winton . vocando ad se & citando , & quaedam alia exercendo , non praesentatus legitime domino regi , nec per ipsum investitus , contra g neralem consuetudinem et privilegia regni angliae , in praejudicium regiae dignitatis . et quia transcriptum aliorum rescriptorum super praemissis ad ipsum episcopum & clerum & populum winton . obtentorum , in quibus multa falsa suggesta , & vera suppressa , dicto regi cujus super ipsis deliberare intererat , tradere denegavit . et quia oblatum fuit sibi per magistrum henricum de secus , ex parte domini regis appellantem , quod ipse duos probos viros honestos & jurisperitos , quoscunque vellet , & rex totidem toto regno eligerent , qui quatuor diligenter viderent causas supradictas : et si judicarent ipsas rationabiles , & probabiles , idem episcopus abstineret se ab ingressu episcopatus & a ministratione ejusdem , quousque dominus rex iterum super praemissis certificaretur de voluntate summi pontificis ; si vero ipsas frivolas judicarent , incontinenti dominus rex ipsum admitteret in wintoniensem episcopum , ipse episcopus hoc admittere renuit , & oblatione praedicta penitus refutata & nulla , nedum petita , sed nec oblata domino regi fidelitate debita , in praejudicium regis et regiae dignitatis , administravit , ad sedem apostolicam appellat , et personam suam uxorem et filios , et consiliarios , et omnes eidem domino regi adhaerentes , episcopatum winton . capellam et totam terram suam protectioni domini papae supponit , et ad sedem apostolicam super praemissis omnibus universis et singulis incontinenti mittit procuratores sufficientes , et ad tuitionem praedictae appellationis et pertinentium ad eundem , ad electum cantuariens . appellat , et diriguntur istae literae priori et capitulo sancti swithini winton . quibus mandatum est , quod jura regis & ea quae praedictam appellationem regis contingunt , & quae ad coronam et dignitatem regi pertinere dignoscuntur , fideliter et firmiter servent , et in nullo in praejudicium regis , contra praemissa venire praesumant . teste rege apud westm . primo die decembris . et ex eisdem causis supplicavit & supplicat dominus rex contra translationem et confirmationem praedictas , si quae sunt , et sequentia , ex eisdem venia impetrata . eodem modo scribitur archid. surr. & wint. & universo clero & populo wint. civitatis & diocaesis . rex abbatibus , abbatissis , prioribus , priorissis , & aliis praelatis , rectoribus , & presbyteris ecclesiarum winton . episcopatus , salutem . mittimus ad vos literas officialis b. cantuar. electi & executorum suorum , super tuitione nobis & nostris , & nobis adhaerentibus in appellationibus nostris contra w. de radleg episcopum , concessas : vobis mandantes , quatenus eas benigne audiatis & videatis cum vobis fuerint praesentatae , tenorem earum observantes , nec facientis aliquid contra eas in praejudicium appellationum nostrarum & tuitionis supradictae . teste rege apud merleberg . xxvi . die februarii . mandatum est majori & ballivis winton . quod honesto modo et sine violentia amoveri faciant magistrum galfridum de fering , qui se gerit in civitate winton . et extra , pro officiali w. de radl . episcopi , et vice ipsius utitur jurisdictione ordinaria . teste rege apud clarendon , ix . die martii . this bishop was much vexed , terrified with these writs and proceedings of the king against him , he and his fellow bishops , neither by their sollicitations nor insufferable menaces to interdict his royal chappel , nor by others intercessions , being able to gain any answer from the king till his proctors return from rome ; whereupon the bishop absented himself for a time , and soon after fled secretly into france , without the kings license , to avoyd the severer effects of his just indignation , thus published by our historians . circa idem tempus , lincolniensis , wygorniensis , herefordensis episcopi , regem quasi fugientem prosequentes è vestigio , tandem eundem apud westmonasterium invenientes , eum acriter increpabant de persecutione & tyrannide , quam in eorum fratrem coepiscopum wintoniensem non desinebat diatim exercere . et dum preces precibus addiderunt , & minas minis adjunxerunt , parati capellam ejus interdicto supponere , petiit rex inducias , ut ipsis super hoc praecise responderet , donec nuntii sui , qui transalpinarant , remearent . sperabat enim indubitanter , quod ipsi corrupta curia , quicquid mente conceperant , effectui manciparent . episcopi autem supradicti regiae petitioni benigne consenserunt . sed cum episcopus wintoniensis teporem eorum comperisset , x. calend. martii , clandestinam fugam arripuit , navem londini ascendens , partes gallicanas aditurus . et per tamesim navigans , in alta maris instanter se suscipiens , antequam ad regis notitiam , vel etiam aliquorum suorum familiarium , rumor hujusmodi pervenisset , in portu sancti walerici prospere applicuit . et inde se ad abbevillam transferens , obvium habuit regis francorum nuncium solennem , qui eundem episcopum ex parte domini sui regis cum gaudio & vultu suscepit serenissimo , in omnibus ei spondens ejusdem regis consilium & auxilium , cum consolatione & protectione . praecepitque ex parte domini sui , ut major abbevillae promptam haberet totam communiam ipsius civitatis , ad ejusdem episcopi defensionem , si forte insequerentur ad nocendum aliqui ex parte regis anglorum , ita scilicet , ut si opus expostularet , ad arma convolantes , hostiliter pro episcopo contra omnes illi adversantes , dimicarent . sic igitur exulante winton . episcopo , fama regis anglorum per omnes partes cisalpinas non mediocriter denigratur . dicebant enim franci , anglorum semper aemuli , materiam sumentes exinde nequiter obloquendi : eia , eia , ecce rex angliae contra omnes regni sui inimicos deses & imbellis , omnes sànctos episcopos suos persequitur & proscribit . nunc beatum thomam , nuper gloriosum aedmundum cantuar. archiepiscopos , & in praesentiarum episcopum winton . qui etiam ei dru diligenter ac fideliter servivit , non permittit vel ecclesiam suam ingredi , vel regni sui pace gratulari , malens alienigenas & ignotos promovere . quod cum electo cantuariensi bonifacio innotuisset , dolens de regis angliae infamia , ipsum regem per amicabilem super hoc corripiens epistolam , admonuit diligenter ipsum regem , ut memoratum episcopum revocans , in pristinam amicitiam suscipiens , & familiaritatem , ingredi permitteret in episcopatum suum , & episcopale officium suum libere exercere , ac libertatibus suis , & possessionibus temporalibus gratulari , ne ipsi regi ▪ & regno deterius eveniret . episcopo wintoniensi consolatoria , & regi commonitoria verba amicabiliter scripsit in hunc modum . bonifacius dei gratia cantuariensis electus immeritus , venerabili in christo patri willielmo , dei gratia wintoniensi epis●opo , salutem in domino ▪ quoniam nobis , & officio nobis injuncto , vos devotos per literas vestras obt●●ist●s , devotioni vestrae congratulamur in christo. sane cum per magistrum w. clericum vestrum , quaedam a nobis duxeritis requirenda , ●ciatis nos petitionibus vestris , quantum cum deo , et sine juris offensione potuimus , admisisse , sicut a dicto w. plenius audietis . scituri , quod nisi an●● adv●ntum nostrum in angliam , inter vos & dominum regem pax reformata fuerit , nos ad illam viriliter intendentes , graviora experiemur , ut res finem convenienter sortiatur . et quia sigillum proprium non habemus , sigillo bellicensis capituli utimur in praesenti . valete . item idem regi sic : literas quorundam suffraganeorum cantuariensis ecclesiae nuper recepimus , nobis devote supplicantium pro pace , inter vos & venerabilem patrem ad wintoniensem ecclesiam postulatum , cujus postulationem ab apostolica sede admissam , asserunt reformandam . nos igitur desiderantes regni tranquillitatem , & ecclesiasticae pacis stabilitatem , & attendentes ipsam in hac parte periclitari , dictorum patrum petitioni , quae tam ecclesiae quam regni utilitatem continere dignoscitur , sicut condecet , inclinantes , celsitudini vestrae cum devotione supplicamus , quatenus memoratum patrem ad gratiam vestram , more boni principis , & dominum timentis , dignemini revocare . et quia sigillum proprium , &c. ut prius . scripsit etiam idem electus episcopo herefordensi p. ut idem vigilanter & efficaciter versus regem , eundem persuadendo , deprecando , comminando , negotio domini wintoniensis intenderet . but yet this archbishops letters and others intercessions would not pacisie the kings indignation , nor yet the popes letters , who took an extraordinary bribe to procure his peace , as our historians thus relate . * cum vero talibus fluctibus mundus intum●sceret , & syniam talibus procellis concussisset , non cessavit etiam angliam anxius exagitare . rex etenim , licet crebras & efficaces petitiones & admonitiones a domino papa pro episcopo wintoniensi , adhuc in franciae partibus exulante , suscepisset , fretus tamen conciliis clericorum aulicorum , suis tantum emolumentis inhiantium , graves movet contra episcopum questiones . scripsit cito post dominus papa , ipsi regi efficacissime , ut ipso episcopo in amicitiam revocato , sinum panderet misericordiae , & pro promotione & pace episcopi , cui episcopus , ut dicitur , ne de ingratitudine possit redargui , octo millia marcarum numeraverat , & dominus papa , ne de contemptu valeret corripi , nec unumdenarium tejecisse . ac pro ipso , tum charitatis intuitu , tum respectu tantae pecuniae numeratae , diligentissime scripsit domino regi angliae in haec verba . innocentivs episcopus , &c. charissimo in christo filio regi angliae , salutem & apostolicam benedictionem . postquam dei benignitas humilitatem nostram ad apostolicae vocavit officium dignitatis , illam concepimus de tua serenitate fiduciam , quod in his quae sunt ad honorem ecclesiae , se promptam habere & vigilem exhibere . provenit ex hoc , quod cum venerabilem fratrem nostrum quondam norwicensem , vvintoniensi ecclesiae de fratrum nostrum consilio concessimus in pastorem , preces tibi direxerimus speciales , ut eidem pro divina & nostra reverentia te redderes affectu benevolum , & effectu serenum , ac si quae castra , & maneria ipsius ecclesiae , prompta benig n ate ei faceres assignari . tu vero , sicut mirantes audivimus & dolemus , nedum preces hujusmodi voluisti deducere ad effectum , imo quod est gravius , in verba , nihil debitae ▪ modestiae vel reverentiae filialis habentia , prorupisti , quod nulla postulatio inregno angliae , per sedem apostolicam admitti possit vel debeat te invito , et quod illam quam nos in spiritualibus , tu in temporalibus habeas potestatem : nec quis postulatus possit absque tuo consensu possessionem temporalium obtinere . adiecisti praeterea , quod translationem ipsius episcopi reputares invalidam , tanquam a nobis per vitium surreptionis obtentam . haec siquidem fili charissime , non dei , non ecclesiae , non tuae resonant sublimatis honorem , non sapiunt justitiam , non redolent aequitatem , praesertim cum teneat * omnium credulitas pia fidelium , quod apostolicae sedis auctoritas liberam habeat in ecclesiis universis potestatem a dei providentia : nec arbitrio principum ipsa stare cogitur , ut eorum in electionum vel postulationum negotiis requirat assensum . in quibus tamen dominum habendo prae oculis , sic provide procedit & caute , quod per illam nullius possit honori detrahi , vel justitiae derogari . sicut etiam in translatione ipsius episcopi dignoscitur processisse , in quo promovit hominem scientia , moribus , & honestate perspicuum , ac in spiritualibus & temporalibus circumspectum , olim tibi charum & amabilem , ac semper tuis beneplacitis secundum dominum totis viribus intendere cupientem , per cujus industriam probatam , in plurimis honoris & commodi proficere poteris incrementis . sed tamen non suggerat astutia susurronum , a quibas parare dispendia virtuosis , pro indifferenti ducitur , dummodo sua specialia commoda vel privata desideria consequantur . tuam itaque celsitudinem affectione qua possumus exhortamur , & obsecramus in domino jesu christo , quatenus ab impia suggestine talium regiae pietatis avertens auditum , ecclesiam dei continuo prosequaris honore , & indultae sibi desuper libertatis privilegium , conservare studeas illibatum . nunc & in posterum tui regni praelatos , ea quae in spiritualibus seu temporalibus spectant ad ipsorum ecclesias , libere consequi & pacifice possidere permittas . caeterum , solerti considerans meditatione , quod in apostolici prosecutione officii , divini nominis deservimur honori , quae de praefato episcopo cum solenni deliberatione fecimus , non ad animum revoces , non aliquo impedimenco perturbes . sed qui cordi nostro statuimus , ut te specialem inter alios terrae principes habeamus , in ipso impertiri procurans honorem , sibi castra & maneria , cum fructibus inde perceptis a tempore translationis hujusmodi , omni postposita difficultate , resignes , ac benevola benignitate conced●s , quod solicitudinem ei creditam possit cum effectu prosequi , tua favente gratia speciali . alias autem , cum libertatem ecclesiasticam in diebus nostris velimus non minui , sed deo propitio augeri cupiamus , nullatenus sustinere poterimus , quod nos in ipso episcopo tam praejudicialem injuriam patiamur . datum laterani , tertio calend. martii , pontificatus nostri anno primo . simili modo scripsit dominus papa anglorum reginae epistolam elegantem , pro episcopi wintoniensis negotio , in cujus epistolae titulo , asserit papa ipsam reginam sibi esse , ( sed nescitur qua ratione ) consanguineam , nisi forte ut haberet eam suis negotiis proniorem , & petitionibus favorabiliorem . ipsum igitur verbis elegatissimis petit & exhortatur , ( sciens quia mulier , quasi molliens herum dicitur ) ut ipsa regis viri sui in hoc rigore & rancore , quem concepit erga episcopum wintoniensem , studeat emollire . scripsit idem dominus papa electo cantuariensi , wigornensi & herefordensi episcopis , ut ipsi dicto negotio diligenter intenderent , annectens in fine epistolae , ut nomina susurronum , animum regis pervertentium , sibi in literis suis rescriptis mitterent annotata . upon receit of these letters , the king sent certaine articles to the bishop of winchester to subscribe , without which subscription he would not receive him to his favour : to which the bishop returned this letter and answer . excellentissimo , &c. cum vestris beneplacitis quantum cum deo poterimus totis viribus intendere cupiamus , fratrem hugonem desancto heudorio , à vestra serenitate ad nos destinatum , cum omni qua decuil suscepimus reverentia . deinde ex parte vestra exposuis nobis articulis ab eodem , ad singulos respondimus , juris & aequitatis sectantes , ut credimus , rationes , prout dictus frater hugo vestrae majestati suis literis plenius , ut ab eo accepimus , intimabit . affectantes toto mentis desiderio , ut super eisdem articulis , quantum secundum dominum poterimu● , vestram voluntatem adimplere , pietati vestrae devotissimè supplicamus , quatenus ecclesiae wintoniensis compatientes angustiis , ob apostolicae sedis reverentiam , ad gratiam vestram nos admittere velitis pariter & favorem , & indignationem , divini nominis obtentu misericorditer remittere , quam ad quorundam fors●n sugg●stionem , contra nos vestra concepit regia celsitudo . et quia de articulis , super quibus convenit dominus rex episcopum wintoniensem , mentio facta est , videndum est quibus & qualiter responderit episcopus . in primis , quod cum ex tenore privilegiorum domini regis , et tam jure quam consuetudine regni sui obtentum sit ab antiquo , quod electi et postulati post electionem et postulationem celebratam , per electores et postulatores , ipsi domino regi debeant praesentari , et post confirmationem , ante administrationem in spirtualibus vel temporalibus faciendam , ei juramentum fidelitatis praestare , quae in persona ipsius episcopi sunt omissa , apud dominum papam studeat procurare , quod non obstante praemissa , de caetero in similibus casibus , privilegia ipsa , jus et consuetudo permaneant in suo robore firmitatis , et ab ipso specialiter confirmentur . secundario , quod idem episcopus relaxet sententiam interdicti , in civitatem wintoniensem promulgatam . tertio , quod ad cautelam absolvat omnes clericos , et laicos , et alios , et praecipue wintonienses , quos ratione controversiae inter dominum regem et episcopum , ertortae excommunicationis sententia innodavit . quarto , quod priorem wintoniensem quem dominus rex ibidem constituit non amoveat , sed ex sua gratia stare permittat . quinto , quod omnia beneficia ecclesiastica , ad suam donationem spectantia a domino rege post motam controversiam , inter eos in eodem episcopatu vel alio collata , ratificet , & possessores pacifica gaudere possessione permittat . sexto , quod contra magistrum henricum de seusa , nec quosquam alios clericos vel monachos memoratos , occasione hujus controversiae nullam instituat actionem : imo omnem indignationem , offensam , injuriam , & rancorem remittat . septimo , quod si quod jus vel actio sibi competit super exitibus episcopatus wintoniensis , pro tempore retroacto , ea penitus ob honorem regium , domino regi ex sua liberalitate remittat . octavo , quod idem episcopus a papa procuret , quod omnibus clericis domini regis , quorum nomina sibi ad mandatum suum per episcopos wigorniensem & herefordensem , & archidiaconum cantuariensem , sunt transmissa , omnem ind●gnationem remittat , & eos admittat in gratiam pleniorem , ita quod quantum ad famam , & beneficia & status conditionem , conserventur illaesi . ad primum articulum domini regis respondet episcopus wintoniensis , quod cum postulatores sui , facta postulatione de domini regis licentia , ipsum secumdum regni consuetudinem eodem domino regi praesent assent , et postmodum dicta possulatione per dominum papam admissa et confirmata , idem episcopus literas domini papae super hoc eidem domino regi directas , tam per fratres praedicatores , quam minores clericos , & milites , ei porrig ▪ procurasset , qui ex mandato ipsius devote domino regi supplicarunt , ut de ipsius licentia se ejusdem conspectui posset praesentare : facturus eidem quod regni sui consuetudo postulat et requirit . nec hoc post magnam i●●anuam obtinere potuissent , ex parte illius episcopi nihil omissum poterit reputari , cum per ipsum non steterit quin omnia in dicto articulo domini regis con●enta & posiulata , essent adimpleta . ad secundum & tertium respondit ita : quod cum domini regis gratiam fuerit assequutus , quam tota mente desiderat , & sui episcopatus possessionem pacificam obtinuerit ; interdicti et excommunicationis sententias in forma juris benigne relaxabit , ad quod pactionis vinculo , secundum dominum & justitiam astringere se non potest . omnem tamen gratiam , quam secundum dominum poterit excommunicatis , obtentu regiae petitionis intendit impartiri . ad quatuor autem articulos sequentes respondit : quod cum r●s tangant spirituales , & spiritualibus annexas , quae conditionis seu pactionis formam non admittunt , in forma a domino rege petita dictos non potest nrticulos adimplere . veruntamen cum domino suo regi reconciliatus fuerit , & suam gratiam , & episcopatus possessionem pacificam obtinuerit , de dicti domini regis & suorum fidelium consilio , cum tanta benignitate procedet , quod in praemissis quantum secundum dominum poterit , se favorabilem exhibebit . ad articulum vero super exitibus episcopatus , respondit : quod cum favorem regis assequutus , episcopatus possessionem habuerit , & ei de eorundem exituum aestimatione constiterit , domini regis ita voluntati obtemperabit , ut in hoc ab eo merito debeat commendari . ex ipso igitu● tempore , dominus rex petitionibus domini papae , & aliorum magnatum precibus emollitus , mitius agebat rex cum episcopo wintoniensi , tum propter domini papae diligentem supplicationem , tum propter episcopi humiliationem & modestam responsionem . pace igitur pro foribus apparente : quod audiens magister henricus de seusa , regis clericus , fomes & procurator discordiae memoratae , qui in curia romana contra episcopum winton . steterat regis procurator , cui rex contulerat opimum beneficium , videlicet custodiam hospitalis sanctae crucis extra civitatem wintoniensem , coepit cogitare & dicere intra se , propria laesus conscientia : quod si pax inter dictas partes plenius ac planius reformaretur , inter amicos regis episcopus praecipuus haberetur , nullique secundus in consiliis regiis , utpote discretus & circumspectus sublimaretur : ipsumque eundem henricum , & merito , usque ad confusionem persequeretur . rex quoque ea facilitate eum sperneret , qua sequutus est . considerans igitur haec omnia , de pecunia , quam de rege non minimam , ad dejiciendum episcopum wintoniensem , acceperat , in partes suae nationis subito & clam divertens , asportavitque secum totam dictam pecuniam , & per eam adquisivit sibi , ( utinam non comparavit ) unum episcopatum , ipsius proventum rei non officium desiderans . et nuncius , corvo factus consimilis , dominum suum noe defraudanti , nuncium cum onere negotii , quod humeris suis susceperat bajulandum , nequiter reliquit imperfectum . nec apparuit postea in regno angliae , bonis regni plenius saginatus . not long after , dominus rex saniori usus consilio , dominum episcopum wintoniensem amicabiliter a partibus revocavit transmarinis , gratiam suam & ablatorum restitutionem , ad instantiam domini papae , & aliorum magnatum , pro ipso praecordialiter petentium , pollicendo . unde episcopus in spem erectus meliorem , salutato rege francorum , & reddita eidem gratiarum actione , de sibi impensis ab eo beneficiis , & eo quod ipsum exulantem , in regno suo receptaverat , & protexerat repatrians , nonas aprilis apud doveram prospere applicuit . de cujus adventu omnes angli , praeter illos clericos regis , aulicos , discordiae seminatores , quos propria conscientia sauciebat , gratulabantur , dicentes : benedictus qui venit in nomine domini . sperabatnr enim indubitanter , quod prudentia sua & sensu , quo abundavit & praepollebat , tam regem quam regnum , nec non & episcopatum suum , in statum optimum solidando promoveret . qui regis se praesentiae gratulanter praesentans , hilari vultu & placabili est admissus , ac si semper fuisset ab ejusdem regis offensa alienus . quorum de die in diem ex insolito amor cumulatur & congratulatio , sicut seriptum est : post inimicitias clarior exstat amor , &c. circa eadem tempora , episcopus wintoniensis , valedicens regi francorum , & eis , qui eidem exulanti sinum aperuerant misericordiae , & gratias referens , securus de gratia regis angliae , versus partes wintoniae ut ecclesiae suae desolatae pastorali sollicitudine consulendo disponeret , & deformata reformaret , iter maturavit . quod audiens prior wintoniensis , licet sero , faciens de necessitate virtutem , se episcopo suo adventanti humiliavit . similiter & alii , tam saeculares , quam monachi , qui pacis fuerant perturbatores , & discordiae seminatores , confisi nimis in regis protectione , ad dominum & episcopum suum satisfacientes sunt conversi . et cito post , videlicet die decollationis beati johannis baptistae , relaxata est sententia interdicti lati ab episcopo in ecclesiam et civitatem wintoniensem cui subjacuerant , sub forma●uris liberaliter absoluti . , memoratus autem prior j. de cauz , similiter sub eadem forma cum suis complicibus est absolutus , depositus tamen , & alii cum eo , quos idem prior temere instituerat , obedientiarii , & ministri saeculares . major autem civitatis , qui magis offenderat , majori poenae subjacuit satisfaciendo . the payment of the monies which this bishop gave to the pope and others to purchase his peace with the king , and the charges of his troublesome suits stuck so close to him , that although he lived very privately all his life , retiring himself to * turin , yet he was never able to recover himself out of debt , having been held out of his see near five years space by the king , who kept the profits of it in his hands . the whole series of this history , ( which i have conjoyned though acted in several years ) most eminently displayes the kings ecclesiastical regal prerogative , and constant resolution to regain , maintain , and support it , against this prelates and the popes usurpations , and his fevere proceedings against the bishop , till he submitted to , and complyed with his proposals , notwithstanding all menaces and mediations from at home or abroad . soon after the beginning of this unhappy controversie between the king and bishop of winton , there fell out another costly difference between the bishop of lincoln , and the abbot of westminster , about an impropriation , discovering the covetousnesse of prelates and clergymen in that age . circa illud tempus , discordia mota inter dominum robertum lincolniensem episcopum , & dominum richardum abbatem westmonasteriensem , nimis sumptuosa & utrique partium damnosa , diatim recens suscepit incrementum . nitebatur enim summopere episcopus , infirmitatis ipsius abbatis sufficientibus privilegiis , super ecclesia de heswelle in proprios usus redigenda , ipsam ecclesiam occupare violenter , & nacta exili occasione monachis ablatam , alii conferre ; scilicet domino nicholao , quem idem episcopus satis inhumane beneficiis suis privaverat . sed abbas tamen jure , quam privilegiis suis suffultus , restitit ei in faciem viriliter . about the same time there also happened a hot contest between the king and robert grosthead , bishop of lincoln , ( a contentious cholerick prelate ) concerning the church of thame , conferred on john mansel by the popes provision , which the bishop had formerly bestowed on another clerk , who stoutly opposed the popes provision ; thus related . ipsis quoque diebus , orta est gravis discordia inter dominum regem , & episccpum lincolniensem , eo quod quidam regis clericus , prudens & fidelis , johannes nomine , cognomento mansel , in possessione ecclesiae de thame regis favore & auxilio missus est , ratione provisionis a domino papa impetratae . quam ecclesiam dominus episcopus cuidam clerico , videlicet magistro simoni de londino , poenitentiario episcopi dunelmensis , praecontulerat vacantem . unde episcopus lincolniensis commotus , dominum regem per huntund . & legr . archidiaeonos diligenter admonuit in wallia adhuc commorantem , ut deo gratus , de sibi tam inopinata victoria , tam enormem excessum corrigere festinaret , ne fortè dominus iratus risum verteret in moerorem . quibus rex : securus respondeo , quia appellatum est . nec debet quicquam pendente appellatione innovari . nec quicquam attemptavi nisi jurisperitorum consilio , & apostolica fultus authoritate . cui unus archidiaconorum respondit : domine rex , dominus noster episcopus lincolniensis privilegium habet ab apostolica sede concessum , quo usus est , quod nulli per apostolicum mandatum teneatur providere , nisi fiat illius privilegii mentio specialis . sed in hujus papalis mandati tenore , quo utitur praedictus johannes , ratione cujus se in dictam ecclesiam , vestro confisus ad jutorio , violenter intrusit , nulla sit dicti mentio privilegii . quapropter non tenetur episcopus lincolniensis ipsi in hoc ca●u respondere , praesertim de collatione ecclesiae de thame , quam vacantem alii rite praecontulerat . et esto , quod nullum tale habuisset privilegium , absurdum est , ut aliquis se ingerat in possessionem alicujus ecclesiae inconsulto episcopo diocaesano , nedum invito , licet papali confisus authoritati , cum omnia velit dominus papa fieri ordlnate . ( so little did they value the popes illegal provisions of this kind . ) et quid opus discordiae vel injuriae jam sic attemptatae ? pro meritis ipsius johannis praecellentis , circumspecti & competenter literati , ad petitionem vestram & suam inclinabitur de facili dominus noster lincolniensis , ut provideatur eidem in tanto , v●l uberiori beneficio , & erit collatio utrobique licita & honesta . et ne secus fiat , humiliter & devote postulat dominus noster episcopus , qui praeparatus est in omnes suae ecclesiae dignitatis laesores et invasores , anathematis sententiam fulminare . quod cum audisset tam dictus johannes , quam rex & ejus consiliarii , ait johannes : domine mi rex , absit ut per me inter tam nobiles personas discordia , vel aliqua perturbatio oriatur . cedo patienter . satis mihi dominus ad beneplacitum suum , vita vestra comite , providebit . sed cum rex dilatione●● accepisset , dispositis disponendis in wallia , & relictis ibidem walleranno theutonico , & aliis prudentibus , & potentibus viris , ut castris adificatis , infirmiora terrae roborantes , armis & militia communirent , venit londinum laetabundus . venit & illuc dictus episcopus , paratus inferre sententiam in ipsum johannem specialiter , & omnes suae ecclesiae , & libertatis perturbatores . quod cum dicto johanni innotuisset , venit ad regem humiliter , & ait : domine mi , ecce ad manum lincolniensis episcopus vehementer perturbatus , ne occasione mei amplius dissidium oriatur , vel scandalum ventiletur , resigno ecclesiam illam litigiosam . quod cum rex audisset , timens ne juxta verbum episcopi , aliquando secus quam deceret impetuosi , quem ad hoc in procinctu vidit praeparatum , subiret exilium , episcopatu suo interdicto , rigorem quem conceperat , mitigavit , nec dedit amplius johanni cornua ; quem vidit renuentem . quapropter meruit idem johannes uberiori beneficio , scilicet ecclesia de maydnestan , rege largiente protinus investiri , & eodem anno , ecclesiae de hovedene uberrimae possessione ampliari . episcopus igitur mitigatus , rege postulante , in publico praedicans , utpote in cujus pectore reconditae sunt claves scientiae , hanc utriusque humilitat m satis eleganter commendavit , faciens inter caetera comparationem radiorum solarium , qui sunt rectissimi ad regalem & regularem justitiam . videns autem rex episcopi mentem jam bene pacatam & pacificatam , controversiam nimis damnosam & inhonestam , motam inter ipsum episcopum & abbatem westmonasteriensem , pro ecclesia de heswelle , cupiens sedare , non permisit episcopum recedere , donec omnia procurante prudenter id abbate , foeliciter pacificarentur . cessit igitur ecclesia illa de heswelle in possessionem westmonasteriensis , reservata praesentatione vicariae ipsi episcopo . in quo facto magnum suscepit ecclesia westmonasterii utilitatis & honoris incrementum . auxerat igitur absque illo non minimo commodo , abbas ille richardus abbatiam suam redditibus trecentarum marcarum annuarum , strenuitate sua in perpetuum adquisitis . but the greatest and longest-lasting controversie , between the bishop and his chapter , wherein the king had an interest , * formerly touched ) still remained undecided , thus described by matthew paris . remansit autem adhuc controversia damnosissima & indecentissima inter ipsum episcopum lincolniensem , & ejus capitulum lincolniense . unde aliqui canonicorum ibidem praesentes , scilicet londini , ab episcopo adeo fatigati sunt & damnificati , quod coacti sunt unam chartam monstrare , & tenorem ejus in communi dilucidare , ut ecclesia lincolniensis necesse habeat jugum subire novae servitutis hac occasione . cum ante conquestum angliae fuisset sedes episcopatus , qui nunc lincolniae , apud dorkcestriam , & meritis episcopi tunc praesidentis exigentibus , & locus a domino papa anathematizaretur , & episcopus deponeretur , ( for * simony ) vix remanserunt tantae rei post multos annos vestigia , & sic desiit tam sedes quam cura episcopalis tempore diuturno . tempore igitur will. rufi regis angliae , filii will. primi , destructae fuerunt multae ecclesiae in nova foresta , ipso sic jubente . sed tandem poenitentia ductus , consilium salubre concepit , in reconciliatione illius peccati , jam dictum episcopatum nobilem restaurare et ampliare , et locum in melius commutare . empta igitur quadam terra , vel commutata a quodam nobili , m. ●e gaunt , qui cum patre suo venerat in angliam ad conquestum , & illam acceperat in sorte retributionis post victoriam , fundavit dictus rex willielmus secundus ecclesiam , quae nuncest lincolniae . qua perfecta , vocavit duos cardinales legatos , qui accepta potestatis plenitudine super ordinatione episcopatus & ecclesiae illius a domino papa affuerunt . et convocatis octo archiepiscopis , & sexdecim episcopis , ordinari fecit solenniter nimis ipsam ecclesiam , & statui ejus canonicos , scilicet saeculares , & eorum redditus & portiones distingui & assignari , ut sub episcopo & decano ordinate & honorifice sub certa disciplina in perpetuum deservirent , & permaneret ordinatio ●al●s ac tanta , tot sanctorum patrum authoritate , apostolica quoque pagina communira in perpetuum inviolabiliter duratura . fuit autem ordinatio talis , quod episcopo ordirato , & canonicis in suis possessionibus constitutis , ex tunc ordinate & disciplinate deo & ejusdem sacratissimae matri nocteque dieque deservirent . quorum canonicorum si quis a●ramite disciplin● d viaret , & correptus non corrigeretur , per decanum visitatus puniretur , nihil prius capitulum pertimens & increpationem in ipso factam . si autem ●ec sic se corrigeret , privaretur per annum suo beneficio , vel per biennium , secundum quantitatem delicti . quod si adhuc rebellis fuerit , advocaretur episcopus in adjutorium , ad coercendum induratum . quod si adhuc obstinatus incorr gibiliter recalcitraret , * ipse rex privatum ab omni beneficio poena graviori puniat . et cum omnibus talis ordinatio complacuisser , in scriptum redacta est , et apostolica authoritate roborata , et inscripserunt . et dedicata ecclesia , omnes qui praesentes erant solenniter excommunicarunt omnes hujus ordinationis perturbatores . unde canonici dicunt , quod ex quo decanus nec est negligens , vel nescius , vel impotens visitandi delinquentes , & excessus corrigendi , injuste & impudenter se ingerit episcopus ut visitationes exigat , nec videtur penitus illaesus a mucrone sententiae tam solenniter latae a tot sanctorum multitudine . his auditis , rex partem se vendicavit habere in hujus causae negotio : unde pars episcopi & capituli in magna parte infirmata est . nec potuit propter talis repaguli impedimentum res optatum finem pac●● componendae sortiri , sed dilationis coepit sumptuosam expectationem . during this controversie between this bishop and his dean and chapter , there arose a new hot angry contest between the bishop and monks of canterbury , about jurisdiction and visitation , wherein they excommunicated one the other , and yet slighted these their mutual anathemaes , as ridiculous nullities ; thus transmitted to posterity . profluentibus eorundem dierum decursibus , rege adhuc in transmarinis commorante , orta est gravis contentio inter conventum cantuariensem , & episcopum lincolniensem , hoc modo . quidam clericus exegit importune nimis ab abbate de barden●ia , quoddam debitum , de debitis antecessoris ejusdem abbatis . cumque oriretur super hoc controversia , archidiaconus lincolniensis desiderans quandam pontificalem dicti abbatis & ejus conventus , qua diu quiete gavisi sunt , dignitatem enervare , ait clerico memorato dictum debitum exigenti : conquerere mihi graviter & solemniter in hac tibi illata injuria , & ego edomans ipsos monachos indomitos adversarios tuos , omne tibi debitum restituam , violenter ab eis , si sic oporteat , extorquendo : ( good archdeacon justice . ) ipse igitur , juxta cavillatoris consilium , gravem de abbate & monachis reposuit in propatulo coram archidiacono super hoc querimoniam . citavit igitur archidiaconus abbatem , ut coram eo compareret , etiam in sua libertate , responsurus , & super hoc juri pariturus . quod cum videret abbas hoc esse juri ecclesiae suae & consuetudini contrarium , contradixit appellando . archidiaconus igitur repulsum jure se videns , citavit abbatem , ut alibi compareret : abbas autem noluit , innitens priori appellationi suae . sciebat enim ipsum insidiari ei , & nihil aliud quaerere , nisi suae libertatis perturbationem & infirmationem , tali nacta occasione , pluribus edoctus argumentis praeteritis , & nunc certior inchoatis . noverat etiam experimento evidenti , quod si haec causa usque ad episcopum ascenderet ( quod archidiaconus versute quaerebat ) foret illi episcopus favorabilis in subversionem libertatis monachorum , qui habebatur religiosorum persecutor generalis , praecipue tamen quibus potuit adversari privilegiatorum . archidiaconus igitur , quaerens discordiae seminarium ventilandae , super hoc conquestus est episcopo , nodum in scirpo perscrutando . citavit igitur episcopus abbatem , ut multiplicibus his excessibus responderet . abbas igitur , immobiliter innisus priori suae appellationi , noluit huic citationi obedire , sciens ipsum ad iram praecipitem , & archidiacono suo in hac causa nimis favorabilem . * stomachatus igitur , & ira plusquam deceret intumescens episcopus , statim quasi contumacem , dictum abbatem excommunicavit . quod abbas patienter sustinens , humiliter sententiam servavit , ne in posterum de contemptu puniretur . post haec , non multis diebus elapsis , misit episcopus visitatores ad bardenay , personas videlicet saeculares , potius paratos in monachos protervire , quam excessus , si quos invenirent , corrigere : noluerunt igitur ipsos admittere , tum quia ex parte episcopi venerunt adversari , ex adversario manifesto destinati , tum quia missi saeculares ordinis monastici ignari penitus extitere , tum quia abbas eorum , qui erat ipsorum pastor & capitaneus , per quem deberet eorum consilium solidari , sententiae vinculo per ipsum episcopum fuerat innodatus . ipsos igitur visitatores protervius instantes , & jam objurgantes , & violentam manuum impositionem sese exponendo provocantes , repulerunt ipsi janitores , & extra portam repulsos excluserunt , dicentes : petimus humiliter , ut citius recedatis , antequam irruant in vos , nobis etiam invitis , multi ad hoc ardenter animati , quorum impetus non poterimus refraenare . ipsi autem comminantes recesserunt , & super his episcopo conquesti , de magnis majora loquentes , dicebant ; monachos armatos habuisse ad irruendum in eos , quos etiam ministri monachorum baculaverant , ut asserebant , veritatis metas impudenter transgredientes . episcopus igitur supra modum ad iram provocatus , comminatus est abbati & conventui ruinam & confusionem , ad posse suum se praeparaturum . abbas igitur , multo moerore perculsus , arctius quid agendum cogitabat . per inquisitionem igitur certificatus , quod conventus cantuariensis privilegium habebat appellationes recipiendi & tuendi , vacante sede papali , ad refugium talis remedii convolavit , reponens gravem super tali gravamine querimoniam . indignatus idcirco episcopus , convocatis a. episcopo cunerensi , & quibusdam abbatibus nigri ordinis , scilicet ramesis & burgi , in sua diocaesi existentibus apud herefordiam , memoratum abbatem de bardenay absentem , nec pro se responsalem habentem , quasi convictum & contumacem , eo quod videbatur ei ipsum non rite in appellatione sua processisse , & ipsi quasi episcopo suo prius non fuisse conquestum , ignomunose nimis deposuit . significavitque conventui de bardenay , quod in nullo ei obedire tenerentur , sed merito pro cassato & deposito eum , necnon & excommunicato , haberent . quod cum conventui cantuariensi innotuisset , quod scilicet memoratus episcopus lincolniensis privilegia sua tam contemptibiliter violasset , convocatis & congregatis quinquaginta presbyteris ipsius diocaesis , in pleno conventu , in quo quinquaginta , vel etiam plures monachi sacerdotes habebantur , candelis accensis , pulsatisque omnibus campanis , ipsum episcopum lincolniensem , quasi ingratum , et ecclesiae , cujus suffraganeus esse comprobatur , rebellem , solenniter excommunicavit . episcopus autem , ut viderat talis literas mandati , ipsas ad pedes suos projectas viliter conculcavit , non sine hoc videntium vehementi admiratione , propter effigiem beati thom● impressioni cereae consignatam . et adeo in vehementem iram excanduit , ut omnibus diceret audientibus : non quaero ut aliter orent monachi pro animamea in aeternum . et convitiis affectum ipsum nuncium capi praecepit . quod cum ministri , ob reverentiam sacerdotii ( sacerdos enim fuit qui mittebatur ) hoc facere tardassent & trepidassent , eundem presbyterum a domo sua , quasi vile mancipium , vel etiam latronem , praecepit expelli . vnde magis reddidit omnes attonitos & admirantes , qui in domo erant , viros discretos & literatos . quia etsi nulla alia causa subesset , posset rationabiliter ille sacerdos ipsum episcopum super violenta manuum injectione accusasse . dictus autem episcopus , monachorum sententiam parvipendendo , imo viiipendendo , non omisit celebrare , ecclesias dedicare , et alia pontificalia officia exercere : non perpendens , quod ex contemptu , etsi injusta sit sententia , robur tamen indeformidabile posset sortiri justitiae . revolventibus eorundem dierum circulis , episcopus lincolniensis nuncios suos solennes , clericos & discretos , ad romanam curiam , ex una parte , & conventus cantuariensis , ex alia parte , ad dirimendum litem inter eos ventilatam , destinarunt . qui super hoc talem diffinitionem meruerunt reportare . innocentivs episcopus , servus servorum dei , dilectis filiis , conventui & priori ecclesiae christi cantuariensis , salutem & apostolicam benedictionem . exhibita nobis venerabilis fratris nostri episcopi lincolniensis petitio , continebat , quod cum vobis contendentibus jurisdictionem metropolitani , quam ad vos , cantuariensi sede vacante , in provinciam cantuariensem , tam ex privilegio sedis apostolicae , quo nunquam adhuc usi fuistis , quam de jure communi , pertinere dicitis , in eum & suos subditos committendo eorum causas & appellationes ab eis interpositas exercere : ipse grave sibi ex hoc prjudicium generari conspiciens , ad sedem apostolicam , cujus interest quaestiones tam arduas , metropolitana sede vacante , dirimere , provocasset ; vos in eum & in ejus subditos , suspensionis & excommunicationis sententias , occasione hujusmodi , pro vestrae voluntatis arbitrio promulgastis . quare nobis humiliter supplicavit , ut provideri sibi super hoc paterna sollicitudine curaremus . volentes igitur ex officio nostro sic eidem episcopo & suis subditis subvenire , quod jus alterius non laedamus , universitati vestrae per apostolica scripta mandamus , quatenus infra octo dies post receptionem praesentium , absque vestro & partis alterius praejudicio , relaxetis praedictas sententias ad cautelam . alioquin venerabilibus fratribus nostris archiepiscopo eboracensi & episcopo dunelmensi , damus literis nostris in mandatis , ut ipsi ex tunc sine praejudicio partium , tam super petitorio , quam etiam super possessorio , sententias relaxent easdem , contradictores per censuaram ecclesiasticam appellatione postposita compescendo . datum anagniae , decimo calend. septembris pontificatus nostri anno primo . the bishop of lincolne excommunicating the monks of bardeny on the one part , and the prior and monkes of canterbury excommunicating the bishop and his officers on the other , concerning which both sides appealed ; the king thereupon , as supream moderator in such cases , issued forth this prohibition to the archbishop of york and others ( who had then the government of the realm in his absence ) not to apprehend , or cause to be apprehended any of those monks , by pretext of any excommunication of the bishop of lincoln , or other suffragans of the province of canterbury after the appeal exhibited , till himself , then in france , should return into england , to hear and decide their difference . rex eborum archiepiscopo , carl. episcopo & w. de cantil . salutem . mandamus vobis , quod nullum de monachis abbaciae de bardenay capi faciatis , aut capi permittatis occasione alicujus sententiae in eos latae per episcopum lincol. vel alium suffraganeum cantuariensis ecclesiae post appellationem interpositam , et ad sedem cantuar . ad tuitionem . et de aliis excommunicatis per dictos suffraganeos post hujusmodi appellationem , sub dissimulatione pertranseatis , donec in angliam redierimus , ita quod non capiantur . teste rege apud burl. x. die julii he likewise issued this ensuing writ to them to seise all the appropriate benefices belonging to the abby of bardeney during the vacancy , into his hands , as belonging to him and his predecessors by their antient royal prerogative , reserving to the monks only their usual reasonable estovers , and that they should repair the house & church . rex eborum archiepiscopo , carl. episcopo & w. de cantilupo , salutem . cum omnia beneficia ecclesiastica ad domum de bardenay spectantia & usibus monachorum appropiata , domo praedicta vacante , ad custodiam nostram de iure spectare noscuntur , sicut et tenementa eorum laica , miramur vehementer quod praedicta beneficia in manum nostram non cepistis , sicut capi consueverunt in hujusmodi domibus vacantibus in manus praedecessorum nostrorum temporibus suis . et ideo vobis mandamus , quod praedicta beneficia in manum nostram capi faciatis , a monachis solitum & rationabile estoverium suum inde , & aliis ad domum suam pertinentibus exhiberi , & ecclesiam & domos ejusdem abbatae sustentari faciatis , & residuum in manu nostra retineatis . teste ut supra . king henry being beyond the seas ( in france ) when this controversy hapned , the bishop of lincoln , with the rest of the suffragan bishops of the province of canterbury , by their petition , complained to him against these proceedings and other vexations of the prior and monkes of canterbury , as prejudicial to their churches , ecclesiastical liberties , and meer innovations , tending to the disturbance of the publike peace of the realm : whereupon the king , not having then and there leasure , to hear and determin this difference with the advice of his nobles , by vertue of his ecclesiastical prerogative , sent this memorable prohibition , to stay all proceedings between them till his return into england . rex dominis cistriensi , exoniensi , eliensi , sarr . linc. wigorn. & roff. episcopis , salutem . etsi sedem cantuar. ecclesiae in sua velimus libenter tueri libertate , & priorem & monachos ejusdem ecclesiae syncerae charitatis brachiis amplexemur , nolumus tamen , nec nostrae fuit intentionis aliquando , quod favor noster eis impensus , vobis aut alicui vestrum cedere debeat in dispendium , aut caeteris ecclesiis de regno nostro , quibus praesidetis in laesionem redundare ; vestrae igitur petitionis instantia pulsati , & sicut decuit eidem propensius inclinati , auditis & intellectis plenius , quae per magistrum girardum de vvesebam . nobis significastis super molestiis , quibus ut asseritis , dicti prior & monachi intendunt vos non solum fatigare , sed & statum regni nostri evidenter immutare , cum sine consilio vestro & aliorum magnatum nostrorum de regno nostro , in partibus remotis agentes , non possumus ad praesens aliquid certum super praedictis ordinare : damus in mandatis eborum archiepiscopo , carli . episcopo , & vv. de cantilupo , quod ipsos priorem et monachos nichil insolitum , nichil novum , vel aliquid quod temporibus praedecessorum nostrorum et regum angliae et nostro usi non fuerint , in cleri et regni nostri perturbationem seu praejudicium libertatis alterius ecclesiae , permittant attemptare , quousque in angliam revertamur . dictis etiam priori et monachis damus in mandatis , quod articulis universis , quibus vos indebite fatigare nituntur interim supersedeant , et adventum nostrum patienter expectent . teste rege apud burd . die ●unij . about the same time there hapnning a controversy between the bishop of aquen in france , and the citizens ( then under the kings obedience ) he slaying one , and imprisoning three others of the city , upon the citizens petition , the king cited the bishop to appear before him by vertue of his ecclesiastical praerogative ; after which he authorized j. mansel , as his delegate , to hear and determin these differences ; and prohibited the bishop in the mean time to molest the citizens again , under pain of incurring his royal displeasure , by these his letters patents . rex ad querimoniam proborum hominum de aquis , fecit summoneri episcopum aquensem , quod sit coram eo responsurus , quare hostiliter invasit praedictos homines , in enorme dedecus regis , et ejus dignitatis laesionem , et ●x eis tres caepit , et unum occidit . et praefixus est dies apud burdeg . quinto die natalis domini . teste rege apud burdeg . . die decembris . idem dies praefixus est praedictis civibus , & ibidem ad prosequend ▪ contra episcopum praedictum . teste ut supra . rex proposuit in proximo mittere j. mansel , ad partes aquenses pro quibusdam negotiis suis ibidem expediendis . et visum est regi et consilio suo , quod inter caetera agenda sua , audiantur coram eodem johanne & aliorum fidelium regis , quos assumet , contentiones ortae inter episcopum aquensem , & cives aquenses , & per ipsos si poterit fieri terminentur . et etiam mandatum est eidem episcopo , quod non oportet quod propter eas contentiones accedat ad regem in octabis purific beatae mariae , sed coram eis quod justum fuerit recipiat & faciat . et inhibitum est eidem episcopo , ne iterum eos molestet , sicut vult regis vindictam evitare . teste &c. item mandatum est civibus aquensibus super eodem negotio . the king having the year before , denyed the cistercian monks leave to go to a general chapter for denying him an ayde ▪ this year granted this royal license and protection , to the provincial of the monks , to send over one abbot or two monks of that order , to visit certaine houses of their order in england , which they could not do without his special authority . abbas de savinaco habet licentiam , quod possit mittere aliquem abbatem de ordine cisterciensi quem volu rit , vel duos monachos ejusdem ordinis in angliam , ad quasdam domos de praedicto ordine visitandas . et ideo mandatum est omnibus quod praedicto abbati , sive praedictis duobus monachis , in veniendo ▪ in angliam , ibidem morando , a●t inde recedendo nullum faciant impedimentum aut gravamen . et habet inde literas domini regis patentes . teste rege apud burd . . die januarii anno regni sui . the king granted special priviledges to his clerks of chancery ( being then clergy men ) to receive provisions of benefices , and be discharged from residing actually on them , which the king ratified by this patent , notwithstanding any former mandate of his to revoke them . rex eborum archiepiscopo , salutem . vt paternitati vestrae plenius constet , quod non fuit aliquando intentionis nostrae , quod gratias , quas dilectis clericis nostris g. de wulward . & sociis suis clericis de cancellaria nostra , vel etiam aliis semel concessimus , de provisione facienda , per aliquas literas nostras vobis postea directas revocassemus , aut potestatem vobis inde subtraheremus ; vobis iterato man damus , quod in forma qua pro singulis eorundem clericorum nostrorum , vobis alias scripsimus , non obstante aliquo mandato nostro contrario ( quod quidem non recolimus , vobis fecisse ) quam cito poteritis eis provideatis provisionem nicholai lungespe , si oportunitas se obtulerit , quodei providere possitis , sicut alias vobis mandavimus , provisioni dictorum clericorum nostrorum de cancellaria nostra tantummodo praeferentes . teste rege apud burd . primo die junii . the king whiles in france sent this writ to the archbishop of york then custos regni , to confer benefices that should fall voyd on such clerks of his , who to their great danger and expence , continued with him , and incurred many various casualties in his services beyond the seas , commanding them all in general , and one of them only in special by name , to be first provided for in this kind . rex eborum archiepiscopo , salutem . non est admiratione dignum si praecipue clericorum nostrorum invitamur promotioni , velimusque eis beneficia conferri , qui nobiscum in partibus transmarinis in variis casibus & fortunis permanserunt , & adhuc in eisdem partibus nobis assistunt ; pro quo licet plurium petitionibus inclinati pluribus provisiones concesserimus , de beneficiis ecclesiasticis eis conferendis , volumus tamen praescriptos clericos nobiscum ibidem morantes caeteris omnibus ad beneficia ecclesiastica , de dono nostro obtinenda praeferri . quocirca paternitati vestrae mandamus firmiter injungentes , quatenus eisdem clericis nobiscum , ut praediximus , in servicio nostro commorantibus , ex quo vacare continget secundum continentiam literarum suarum , de provisione vobis directarum , prae omnibus aliis beneficia ecclesiastica conferatis , scilicet praebendalia & alia loco nostro . inter quos solum will. hardel . praecipue volumus nominari . taliter in hac parte vos habentes , quod praedicti clerici nostri pro laboribus suis immensis fructum reportent , & utilitatem , & vos specialiter ex hoc habere debeamus commendatos . in these dayes , such ladies who held castles and lands of the king in capite or by knight service , presuming against law and custome , to marry themselves to whom they pleased without the kings privity or license first obtained , the king thereupon issued this writ to the archbishop of york and others , ( who had the custody of the realm during his absence in france ) to seise the castle of warwick , and such other lands as they should think fit , more then the ordinary security , as a pledge ; that margery the earl of warwicks sister , should not marry without his license , under pain of forfeiting the said castle and lands so pledged , to the king and his heirs . rex eborum archiepiscopo , karl . episcopo , & w. de cantelupo , salutem . cum per experientiam didicimus , quod quamplures dominae regni nostri , spreta securitate , quae per * legem & antiquam consuetudinem regni angliae capi solet , & debet ab eis , ne se maritari permitterent sine consensu et voluntate nostra , non requisito super hoc nostro assensu , quibuscunque voluerunt indistincte se fecerunt maritari , unde tam nobis quam coronae nostrae et dampnum et opprobrium emerserunt . et quia nobis et dignitati nostrae volumus acrius a similibus praecavere , ne futuris temporibus nobis et haeredibus nostris , per hujusmodi praesumptionem et insolentiam dampnum inevitabile generetur : vobis mandamus firmiter injungentes in fide qua nobis tenemini , quatenus sine dilatione a margeria sorore quondam comitis war. quae est una de generosoribus mulieribus regni nostri , & castrum habet ingentis fortitudinis & situm versus partes marchiae , pro quo nobis nullatenus expediret , quod aliquem in virum acciperet , nisi de ipso tanquam de nobis ipsis confiderem , castrum de war. & de terris suis , quas ipsi eligetis in plegium capiatis , praeter securitatem debitam , quod ipsa nulli viventium , sine licentia nostra in matrimonio copulabitur . ita quod si forte temerar io ausu contra hoc fecisset , castrum praedictum & terrae in plegium similiter captae , nobis perpetuo & haeredibus nostris incurrantur . teste rege apud burd . . die martii . the archdeacon of oxford , exacting an annual procuration from the kings church of st. crosse , without oxford , which was not used to be payd in former times ; the king reputing this new exaction ( as all others of this kind or nature , are and ought still to be reputed , imposed by ordinaries , archdeacons or other ecclesiastical , as well as temporal officers , upon any of his subjects ) a derogation to his own prerogative and liberty , and a new unaccustomed servitude to his subjects ; thereupon strictly enjoyned the guardians of the realm during his abode in france , to use special care , diligence and vigilance to prevent and redresse it , as this memorable writ attests . rex eborum archiepisco , karleolensi episcopo & w. de cantilupo , salutem . audivimus nuper , quod archid. oxon. ab ecclesia nostra sanctae crucis extra oxon. quam pontius de pontibus tenet , annuam exigit procurationem , quae retroactis temporibus , ab eadem non solet erogari . et quia libertati nostrae non minimum derogaretur , si praedicta , nobis inconsultis , novam ac insolitam subiret servitutem , non permittatis quod idem archid. pro suo voluntatis arbitrio , praedictam extorqueat procurationem . taliter vos habentes in hac parte , quod ex hoc sicut de folita sollicitudine vestra singulis agendis nostris vigilanter adhibita , vos habeamus specialiter commendatos . teste rege apud burd . . die aprilis . the archbishop of cassals in ireland intending to sue his suffragan bishiops , the king sent this writ to his cheif justice there , to permit him to sue them only for the spiritualties of their bishoprick , but expresly to prohibit him to sue them for their temporalties and lands belongnig to his crown and dignity , and not to seise any of them into his hand upon the archbishops mandate , without his special royal precept . rex m. filio geroldi , salutem . mandamus vobis quod si casserensis archiepiscopus impetat h. limiricensem , g. lismorensem , d. lannensem , b. artfertensem , & c. imilensem episcopos suffraganeos suos , super spiritualitate episcopatuum suorum , in nullo vos inde intromittatis , nec permittatis , quod idem archiepiscopus inquietet ipsos episcopos , super terris et rebus temporalibus spectantibus ad coronam et dignitatem nostram , nec vos ad mandatum praefati archiepiscopi manum mittatis ad eorum temporalia , sine speciali praecepto nostro . teste rege apud westmonast rium xiii die octobris . per g. dispenser . the king having expended his treasure in his unfortuate wars in france , scutagium per totam angliam fecit extorqueri ; non sine multo gravamine anglorum , pro scuto tres marcas , vel ut alii volunt , viginti solidos , extorsit : which being not sufficient to supply his necessities , significatum est eo tempore districtus , & amicabilter supplicatum archiepiscopo eboracensi , a rege anglorum , ut ipse archiepiscopus omnes abbates angliae ordini cisterci●nsium subjacentes , in unum authoritate regis congregaret , & congregatos dulcibus affatibus conveniret . deprecans attentius ex parte ejusdem domini regis , pro regni promotione in partibus transmarinis militantis , & etiam personam suam casibus belli ancipitis exponentis , ut eum in exhibitione pecuniae efficater promoverent , & juvarent promovendo . cui illi in unum congregati , responderunt : in quo , domine ? at archiepiscopus : in parvo . et cum inquisissent cistercienses : in quo parvo ? ait archipraesul : in tanta pecunia quantam potestis habere pro lana vestra anni unius . similis factus dicenti , da mihi animas , caetera tolle tibi . non enim posset quis alimentorum penuriam per paucos dies tolerare , & vitae carere sustentaculis , quin animam exhalaret . sed verbum regis positum fuit in o●e archipr● sulis . at ipsi cistercienses , comperientes sibi parari laqueos & damnum imminere , prudenter responderunt in hoc modo . domine archiepiscope , novit authoritas vestra , quod nos omnes membra sumus unius capitis , nec possumus sine nostro generali cisterciensi . capitulo istud , quod ex parte domini nostri regis petitis , concedere . item , esto quod celebraretur in praesentiarum capitulum generale , novimus , & novisse tenetur discretio vestra , quod non licet nobis quempiam juvare ad bellum gerendum , per quod sanguis effunditur , praecipue christianus , ne juvantes ad hoc propter horrorem sanguinis irregulares efficeremur . sed efficacibus & indefessis prec●bus , eleemosynis , & aliis operibus pietatis ipsum dominum & patronum nostrum animo libenti juvabimus . et indubitanter credendum est , quod sic melius & certius praevalebit , & gloriosius triumphanti , coeleste juvamen , nisi vacillet fides , quod absit , sibi sentiet profuturum . quibus cum archiepiscopus torvo aspectu & adverso vultu respondisset , dicens : qua fronte ipsum regem in necessitatibus vestris aliquid rogabitis , qui ei sic tergiversando supplicanti in instanti articulo respondetis ? ait quidam abbatum cisterciensium : domine , recolimus , quod quando consecrabatur in regem , juravit se cuilibet justitiam exhibiturum . non petimus ab eo quicquam speciale , non potest nec debet illud nobis denegare , quod juratum est generale . nos justo regat moderamine , gravamen nullum contra justitiam inferendo . si autem pro salute animae suae suorumque antecessorum , & statu regni sui , aliquod bonum speciale nobis contulerit , sinum pandimus gratanter recipientes . a resolute answer of ingratefull covetous monkes . hereupon , ipso quoque anno non permissi sunt abbates cisterciensis ordinis transfretare , ad generale capitulum nunc , eo quod eodem anno ( a rege rogati de lanarum suarum exhibitione , eum juvare noluerunt ) nec voluerunt , timentes sibi a regis fatellibus , maxime per mare , quasi ipso rege nesciente , eo quod lanas suas unius anni , ut dictum est , negaverunt , laqueos praeparari : se igitur eleganter per procuratores excusarunt , ne viderentur talia procurasse . per idem tempus , videlicet in crastino sancti micha●lis , dedicata est ecclesia conventualis canonicorum de waltham , ab episcopo norwicensi , solemniter valde , assistentibus aliis plurimis episcopis , praelatis , & magnatibus venerabilibus : statim post dedicationem ecclesiae sancti pauli londinensis , ut peregrinantes hinc inde indistanter remearent . eodemque tempore , adam abbas de wareduna , confirmatus est in episcopum cunerensem . qui episcopatus est in hibernia , subjacens metropolitanae diocaesi archiepiscopi armachani . eodem tempore , griffinus filius leolini in carcere fratris sui david tenebatur in arcta custodia vinctus , quem in dolo vocaverat ad pacificum concilium , sub ducatu magistri richardi bangorensis episcopi , & quorundam aliorum nobilium walliensium , propter quod facinus episcopus ipse recessit a wallia , ipso david excommunicato . ( who slighting his excommunication as a vain scar-crow , thereupon the bishop , ) veniens ad regem angliae , super hoc scelere nequiter perpetrato gravem reposuit querimoniam , postulans instantissime , ut rex liberaret injuste a david nepote suo fratrem incarceratum , ne tanta talisque facinorosa transgressio remotas regiones curiamque romanam , in honoris regii laesionem , macularet . rex igitur david nepotem suum graviter super illa prodit one increpans , praecepit & persuasit efficaciter , ut fratrem suum liberans , famae suae restaurationem & absolutionis beneficium promereretur . quod tamen procaciter david facere abnuit , regi veraciter significans , quod si ipsum griffinum a carcere liberaret , profecto nunquam wallia pacis gauderet securitate . quod cum griffino innotuisset , regi latenter significavit , quod si ipsum a carcere fratris potenter liberaret , terram suam ab ipso rege teneret , fideliter inde ducentas marcas annuatim cum gratiarum actionibus & obsequii retributione persolvendo , praestito super hoc fidelitatis juramento , & obside tradito speciali : insuper juvaret eum diligenter , omnes libi rebelles wallenses longinquos & indomitos subjugare . quidam etiam potent ssimus wallensium , nomine griffinus , filius madoch , adjutorium domino regi spospondit indefessum & securum , si walliam intraret hostiliter , moturus bellum contra david fallacem & multis injuriosum . the king thereupon entred wales with a great army , subdued it without effusion of blood , and enlarged griffin , who swore homage and allegiance to him . circa idem tempus , scilicet postquam generale capitulum ordinis cisterciensium solutum est , venerunt abbates recedentes ab eodem capitulo , hos rumores veraciter de adventu regis francorum ad illos venientis nobis nunciates , videlicet , quod mutato more romanorum , scripserat dominus papa eorum capitulo , orans eleganter , ut continue & instanter domino preces funderent pro ecclesiae statu vacillantis . similiter , & quidam cardinales , & alii potentes , hoc impreciabile munus ab eis flagitabant , ut scilicet ecclesiae & suo statu roborato tutius deo militando famularentur . noverant enim , quod , eo quod abbates ejusdem ordinis anno praeterito , ne ad capitulum accederent , per bella fuerant impediti , tunc plenius ad capitulum generale convenirent . rex autem francorum instantius aliis auxilium & precum instantiam postulabat , quia se senserat , postquam iter in pictaviam moturus bellum arripuerat , nimis de corporis sui statu debilitatum & deterioratum , & alacritate corporali potius indigentem . solus autem rex anglia , missis illuc nunciis solennibus , auxilium pecuniare ab eis instantius postulavit . erant autem ibidem monachi ab omni natione christiana quae sub coelo est . a quibus omnibus , non sine anglorum , qui ibidem erant , confusione , solam meruit sine benedictione repulsam . exigebat enim ab constitutis in anglia lanas abbatiis . the king upon this denyal and affront of theirs , by way of retaliation , eodem anno , prohibuit dominus rex , ne lanae cisterciensium monachorum venales ad partes transmarinas ad suum commodum transveherentur , volens eos sic gravare & damnificare , eo quod eum transfretatum in gasconiam , auxilio pecuniari nec voluerunt , nec etiam valuerunt , juvare . petrus de supino , and petrus de rubeo , pope gregories legates and grand extorters of monies in england , ireland , & scotland , to maintain his wars against the emperor , departing speedily out of the realm , so soon as they received secret tydings of this popes death , ( which was for some dayes concealed from the people ) thereupon , walterus de ocra , nuncius imperialis , eos pedetentim insequebatur ; iter suum equis non parcentes maturabant . et cum transalpinassent , se in suorum parentum civitates & domos clanculo receperunt , pecuniam , qua onerati venerant , in locorum abditis reponentes , praesentiam quoque suam non omnibus exponentes . et cum nec ipsos , nec praedam eorum , praedictus walterus liquido potuit invenire , nisi per levis famae sibila , haec omnia domino suo imperatori significavit . dominus igitur imperator per singulas civitates italiae ditioni suae subjectas , diligenter fecit indagari , qui fuissent illi papales nuncii vel mercatores , qui ad subversionem imperii et reipublicae , & fomentum belli , per diversas regiones , praecipue anglicanam , fraudulenter collegerant pecuniam , ut papae ipsam conferrent , & sic ei darent cornua & pruritum ad perturbandum imperium . fecit igitur ipsos capi , et captos arctius , quasi f●nestos inimicos , conveniri , et infiscata omni eorum substantia cum domibus et totius parentelae eorum , viris spectabilioribus cum uxoribus et liberis incarceratis , inquiri jussit districte de summa pecuniae ad opus papae collectae , per tabelliones et scripta penes mercatores civitatum , et conscios et consortes reposita , et omnia fecit prudenter restitui . et sic miserabilibus personis ecclesiasticis , sub alis papalibus protegendis , penitus spoliatis , adversarii ecclesiae majora gravamina fortius intulerunt . the sudden death of this turbulent oppressive extortioner , pope gregory the th . the decease of celestine the th . in . dayes space after his election , and near two years vacancy of the roman see before innocent the th . his election , by reason of the schisms amongst the cardinals , and the emperors interpositions , exempted england from papal exactions and provisions above two years space . at last , anno . die nativitatis sancti johannis baptistae , creatus est in papam dominus sinebaldus cardinalis , postquam vacaverat sedes papalis per annum & novem mensibus . ( cardinales in unum propter metum imperatoris congregati , elegerunt senebaldum cardinalem in papam , virum in decretis , & jure canonico eleganter eruditum , pecuniae tamen non contemptorem , adds matthew westminster . ) et die apostolorum petri & pauli consirmatus est , & vocatum est nomen ejus innocentius quartus . et confirmatus , statim confirmavit sententiam latam a praedecessore suo gregorio in imperatorem fredericum . creatus autem est anagniae , unde romani & romanorum imperator , quasi pro duplici injuria ipsi papae moliebantur gravamina , & insidias paraverunt , & eo instantius , quia imperator credebat papam sibi favorabilem habiturum . posuit igitur imperator in transitibus viarum & portuum arctas custodias , & per mare galeias , ne bullarnm portitores transmearent , libera transitu gratulantes . nec multum post haec , dominus imperator duos fratres de ordine minorum comprehendit , eo quod literas jussu superiorum suorum , ad suscitandum bellum inter quosdam magnates , praecipue contra imperatorem , furtive detulerunt , et comprehensos jussit suspendi . they being the common carriers of the roman pontifs bulls and letters of this nature , when their legates or nuncioes had no free passage . this pope treading in the foot-steps of his predecessors , soon after his instalment dispatched a new roman harpy and extortioner with extraordinary large powers into england , before he was sent for or expected , to fleece , yea fley the clergy , laity , church , realm , and dispose of all ecclesiastical rents and preferments at his pleasure to the popes kinred and aliens , as these ensuing narratives inform ns . circa idem tempus , misit dominus novus papa quendam novum in angliam pecuniae extortorem , magistrum videlicet martinum , autenticum popale deferentem , et habentem potestatem excommunicandi , suspendendi , et multipliciter voluntati suae resistentes puniendi . qua roboratus potestate , suspendit praelatos angliae a collatione beneficiorum , donec voluntati papali satisfactum fuisset , redditus ad opus clericorum suorum et consanguineorum postulanti . indignum tamen judicabat aliquem redditum suscipere , nisi triginta marcas aut supra valentem , ne quisquilias colligere tantus vir videretur . coepit igitur dictus magister martinus munera , praecipue palefridos concupiscibiles imperiose exigere et ertorquere a praelatis , maxime a religiosis , praecipiens per literas districte illi abbati , vel illi priori , ut ei equos , quales decebat specialem domini papae clericum insidere , transmitterent : contradicentes autem & excnsationes & causas negationis protendentes , etiam rationabiles , ( utpote abbatem de malmesburia , & priorem de meriona ) * suspendenda usque ad plenam satisfactionem , graviter punivit . sedulus etiam explorator ecclesias vacantes & praebendas consideravit , ut ipsas patenti sinui papalis indigentiae praesentaret . inter quas dum praebenda opima sarisburiensis ecclesiae , spectans ad praecentorem , vacaret , invito episcopo & nimis dolente cum toto capitulo , manus rapidas eidem praebendae statim injecit , et jussu papae , cuidam puero nepoti suo , non sine multorum cordium amaritudine et stupore , contulit . credebant enim multi & sperabant , quod romana curia a deo multipliciter jam flagellata , froeno moderaminis suam avaritiam solitam aliquantulum saltem coerceret . but no divine nor humane laws , judgements , medicaments , could cure or allay this roman dropsie , avarice , rapine . matthew westminster renders us this ampler and more particular account of his powers and proceedings . * circa idem tempus , consisus dominus papa nimis de regis simplicitate & patientia , quendam novum pecuniae extortorem , non insigniis legati redimitum , sed inauditis potestatibus communitum , nomine martinum , transmisit in angliam , qui se in solitum legatorum & papalium nunciorum & clericorum receptaculum , scilicet in novum templum londini , statim recipiens , potestatem suam , redditus recipiendi , et pecuniam multipliciter extorquendi manifestavit , et eam exercuit diligenter usque ad multorum cordium summam amaritudinem et conscientiarum laesionem . habebat enim potestatem , collationem beneficiorum prohibendi donec ad votum suum , ipsi foret satisfactum . qui exiles redditus quasi quisquilias , despiciens , opimis manus rapidas injecit : habebatque potestatem excommunicandi , suspendendi , & multipliciter voluntati suae , licet impetuose resistentes puniendi , & pro voluntate ; quasi ipso die in papali cancellaria , bullatas chartas autenticas more protulisset consueto . unde a nonnullis , nec sine causa dicebatur , ipsum plures chartas bullatas sed vacuas , ad placitum suum scribendas , quod absit , detulisse . coepit igitur memoratus magister martinus undique munera , praecipue palefridos concupiscibiles , & vasa pretiosa imperiose a praelatis exigere , exigendo extorquere , maxime a religiosisad opus suum ( stulte enim orat qui sui obliviscitur ) et ad opus papae redditus et praebendas praeelectas : utens hac odibili adjectione , non obstante privilegio , &c. inter quas dum praebenda opima quaedam sarum vacaret , dictus magister martinus , sedulus explorator , avidas & aduncas manus injiciens , irrequisito , imo potius invito , loci ipsius episcopo , contulit ipsam cuidam adolescentulo , domini papae nepoti . similiter & alias ipsius papae consanguineis , quibus idem papa mirabiliter abundavit , collegit dictus magister martinus indefssus , non sine multorum peritorum stupore . all their comfort in the mean time was this good news ; that , in octavis vero purificationis beatae mariae virginis , obiit vas superbiae , et omnis fomes contumeliae inter dominum papam et imperatorem exortae . johanne de collumna , cardinalis romae . qui vir martius , & genere praeclarus inter omnes cardinales , castris & palatiis necnon & thesauris , & redditibus instauratus , claruerat potentissimus . these unexpected new grievances , extortions , provisions , powers of the popes avaritious imperious agent , made the english to begin to meditate how they might totally cast off the insupportable roman yoke of bondage ; their grounds exciting them thereunto , and their proceedings therein , are thus presented to us by our historians , being ushered in with the sad tydings then received from the holy land. * dum autem in syria tot mundi turbinibus genus humanum exagitaretur , in anglia etiam & ejus confiniis , saevit in humanis divina potentia rebus . romana enim curia , rubore deposito , tempore novi papae nostri innocentii quarti , secus quam speravimus , non desinebat per provisiones quotidianas , redditus impudenter extorquere . exiit igitur ( licet sero ) murmur , in cordibus anglorum diu conceptum et retentum , in manifestam querimoniam , et quasi parturientes loquuti , non poterant amplius sese continere . patientia enim eorum desidiosa erat , et humilitas infructuosa , imo potius et damnosa . et in unum convenientes totius regni nobiles , regem efficacissime super hoc convenerunt , asserentes , se malle mori , quam amplius tales enormitates tolerare . non enim eorum , neque antecessorum suorum intentio fuerat , quando contulerunt bona viris religiosis & aliis locis pia consideratione constructis , ut ipsa ad arbitrium papae viris italicis ignotis , et eis quos noverant simoniis et usuris pollutos , et viciis multimodis , quibus non est cura , praedicatio , vel hospitalitas christi fidelibus impendenda , contribuerent : as masthew westminster abbreviates their complaint , thus more at large recorded by matthew paris . et in unum convenientium talis erat consideratio regi et regno intimanda . si mentis oculis intueretur dominus papa statum primitivae ecclesiae in anglia ; medium & praesentem , non concuteret ecclesias & ecclesiasticas personas , nec illas arctaret hujusmodi exactiombus & angariis , & quod suum non est , ab ecclesiis non vendicaret , nec extorqueret . praedicante enim in anglia beato augustino anglorum apostolo , rex athelbertus conversus ad fidem christi , londinen em , roffensem , & cantuariensem instituit ecclesias . hic clericos & sacerdotes , ibi monachos apponens , assignatis illis speciali patrimonio suo , terras & possessiones sufficientes ad sustentationem eorum , quos ad hoc solum deputavit , ut in locis sibi assignatis divina celebrarent , laudesque deo die ac nocte & gratiarum exsolverent actiones , & eleemosynas , & alia pietatis opera exercentes , hospitalitatem pauperum sustentarent pro mensura facultatum . consimiliter alii reges in aliis cathedralibus ecclesiis & praebendalibus , & conventualibus , quod videri potest si decurratur ad eorum instrumenta & modos donationum . nec adeo libertati dederunt hujusmodi possessiones , quin tria sibi reservarent semper propter publicam regni utilitatem , videlicet expeditionem pontis et arcis reparationes vel refectiones , ut per ea resisterent hostium incursibus . si igitur ista & consimilia dantur locis spiritualibus , & locorum episcopis , tanquam certis personis , in cathedralibus ecclesiis dicimus , & abbatibus , & abbatiis , de patrimoniis & laicis feudis regum & principum , quo jure poterit , praeter in juriam juris alieni , in alios usus praemissa convertere ? praesertim ad illos , ex quibus oriuntur caedes , & incendia , & sanguinum effusiones , cum dicente petro , domine , si percutimus in gladio ? respondit dominus , converte gladium in vaginam . item , si transmitterentur substantiae clericorum angliae ad italiam , unde procurarent pontis & arcis refectionem , & expeditionem , si ingrueret necessitas ? unde sectarentur hospitalitates ? quo modo morarentur in certis locis sibi deputatis ? item , praeter alia mala , quae possunt evenire adeuntibus curiam romanam de regno angliae per satellites imperatoris , unum quasi in evidenti est , & in promptu , quod cum terra imperatoris non distabat ab anglia nisi modico freto , quod transmeari potest uno fluxu & refluxu maris , & tendat jam imperator ad partes illas , verendum esset , ne sic provocatus hostiliter regnum ingrederetur , prout dixit magister walterus de ocre coram rege in communi colloquio baronum londini : supplicans ex parte imperatoris devotissime regem et barones , quod non permitterent tallias fieri in regno , vel a clericis , vel a laicis , in subsidium domini papae contra imperatorem , inculcans mnl●oties , quod si secus fieret , sine pruritu tot accumulatis regno bellis , scalperent se rex & regni magnates usque ad ossa . item , cum de voluntate & mandato & consilio ecclesiae nuptui traderet dominus rex sororem suam imperatori , ex qua proles suscepit , quas de stirpe nostra & anglorum sanguine constat esse , quid aliud esset , contribuere contra imperatorem , nisi confundere oriundos ex natione nostra ? quod absit . et quid aliud esset , nisi dare occasiones imperatori , ne possit domino nostro regi subvenire in recuperationem terrarum suarum ? item , si attenderet dominus papa afflictiones & jacturas , quas sustinuit anglia per ludovicum regem francorum , qui hostiliter ingressus est eam , qui nec pepercit ecclesiis , nec ecclesiasticis personis , sed omnia depraedatus est , ita quod vix poterunt hactenus praelati angliae respirare , non adderet afflictionem afflictioni super afflictos : imo consultius exigeret aestimationem damnorum , quae fuerunt illata ecclesiae , & exinde promoveret exercitus suos in hostes , quod facere posset , etiam contradicente rege angliae , & sine convocatione imperatoris contra regem & regnum . item , aurum habet ecclesia , civitates , munitiones , & castra , quae etsi non sufficiant contra tantum principem , advocet ad manus suas beneficia italicorum & romanorum quae non modica contulit eisdem , tam in anglia quam in aliis regionibus : & ex eorum fructibus , quos ita beneficiavit , sumptus faciat hostiles , & non de nostris , scilicet de his quae nobis non contulit , imo soli contulerunt patroni , quantum in ipsis fuit , quos oportet de necessitate sustentare , si vergant ad inopiam . attendere etiam deberet , quod pharao in afflictione populi israelitici , sacerdotes & levitas ab omnibus hujusmodi exact onibus absolvit . rex igitu● his supr●dictis provocatus injuriis , & romanorum multiplici lacessitus avaritia , domino papa scribit sic : sanctissimo in christo patri , ac domino j. dei gratia summo pontifici , henricus , eadem gratia rex anguae , &c. salutem , & pedum oscula beatorum . quo amplius paternae voluntati se inger● silius , & mandatis ejus promptius se exponit , atque devotius ; eo amplius paternum ●abere patrocinium promeretur , & devotionis suae & obsequiorum commoda reportare . inde est ▪ quod cum omni tempore regni nostri , nos & regnum nostrum , in omnibus & per omnia paternitatis vestrae voluntati exposuimus , & mandatis , licet tamen in quibusdam nostris regnique nostri negotiis paternam solicitudinem invenerimus plerunque & g atiam , in quibusdam tamen provisionibus vestris , clericis angliae et aliarum regionum frequenter a vobis concessis , nos et regnum nostrum sentimus non mediocrirer praegravatum et oppressum . tot et tantis etenim ecclesiae anglicanae oneratae sunt hujusmodi provisionibus , quod non solum patroni , et hi quorum interest conferre beneficia ecclesiastica , jure suo defraudantur , verum etiam sed proinde multa deficiunt opera charitatis : cum illa beneficia , quae religiosis domibus ad sustentationem ipsarum conferri soleant misericorditer , et fere omnia alia , in vestris provisionibus refundantur . cum igitur sedes apostolica ita petentibus debeat esse favorabilis , quod jus alterius non laedatur , paternitatem vestram duximus exorandam , quatenus ab hujusmodi provisionum concessione dissimulare , vel ad tempus desistere , vestrae placeat sanctitati . interea paternitati vestrae supplicamus , quatenus jura nostra et libertates , quae non aliena , sed propria potestis merito reputare , paterna sollicitudine velitis tueri , et illaesa et integra conservare , nec aliquorum suggestionibus eadem velitis in vestra curia aliquatenus perturbari . nec contra nos vestra sanctitas moveatur , si in aliquibus tenori mandatorum vestrorum obviavimus , cum ad hoc nos compulerit clamor conquerentium , qui nemini debemus in suo jure deesse , sed ex concesso nobis a deo regiae dignitatis officio , in civilibus plenam justitiam exhibere . his itaque verbis , vel elegantioribus , dominus rex nimispatiens et remissus , praedecessori suo , videlicet papae gregorio , supplicaverat , ut parceret regnum angliae talibus exactionibus affligere . sed nec ille , nec iste , motus voluntarios dignabantur super hoc refraenare . vnde credimus , dominum et apostolum suum petrum ( cujus vestigia non sequebantur ) adversus ecclesiam romanam non immerito provocatum , arcum tendere et parare illum . the pope then offered this new affront to the king : nec arbitror materiae meae vel alienum fore , vel impertinens , vel etiam historiae regni angliae penitus inutile , posteris nostris elucidare , qualiter dictus papa innocentius quartus , ( such was his avarice , treachery , ingratitude to king henry ) david principem northwalliae , domino regi angliae multiformiter obligatum , a fidelitate regis exemptum , dominio suo voluit mancipare , quingentas marcas annuas a tenemento northwalliae et ejus pertinentis percipiendo . et haec sunt obligationes & instrumenta , quibus tam david quam alii magnates wallensium domino regi henrico tertio tenentur obligati . several charters made to the king by the princes and nobles of northwales , ratified by their oathes , are there recited at large , not pertinent to my theme ; only i cannot pretermit these following ratifications of them by oath , and voluntary submissions to ecclesiastical censures of excommunication and interdict ; by the bishops therein nominated , in case of violation , of which the pope took no notice . et ad omnia firmiter tenenda , ego david juravi super crucem sanctam , quam coram me feci deportari . venerabilis etiam pater howelus episcopus de sancto asaph , ad petitionem meam , firmiter promisit , in ordine suo , quod haec omnia praedicta faciet , & procurabit modis quibus poterit observari . edenevet s●quidem wagan , per praeceptum meum , illud idem juravit super crucem praedictam . actum uc supra . praeterea concessi pro me & haeredibus meis , quod si ego vel haeredes mei contra pacem domini regis vel haeredum suorum , vel contra articulos praedictos , aliquid attentaverimus , tota haereditas nostra domino regi & haeredibus suis incurratur . de quibus omnibus & singulis , suppolui meet haeredes meos jurisdictioni archiepiscopi cantuariensis , & episcoporum lon●inensis , herefordensis , & coventrensis , qui pro tempore praeerunt , quod omnes , vel unus eorum , quem dominus rex ad hoc elegerit , possit nos excommunicare , et terram nostram interdicere , si aliquid tontra pradicta attentaverimus . et procuravi , quod episcop● de ba●gor , & de s. alaph , chartas suas domino regi fecerunt , per quas concesserunt , quod omnes sententias tam excommunicationis , quam interdicti , a praedictis archiepiscopo , episcopo , vel aliquo eorum , ferendas , ad mandatum eorum exequentur . a clause then usual in leagues and charters between princes . haecidcirco dixerim , ( writes matthew paris ) ut pateat mundo quot , quantis , & qualibus obligationibus sese domino regi , tam david nepos ejus , proditor , & ▪ fratricida , & omnes alii nobiles , moribus tamen ignobiles , de wallia , manciparunt . qui jam rupto consanguinitatis foedere , fidei constantia , instrumentorum tenore , nimis impudenter contra dominum suum recalcitrantes , bellum moverunt , & ipsum non mediocriter in marchia damnificaverunt . insuper dictus david , volens collum suum de sub jugo fidelitatis domini regis excutere , ad alas papalis protectionis confugit , ( the commonifanctuary of refuge to all persidious rebels against their lawfull soveraigns ) spondens , se tenere walliae partem , eum contingentem , ab ipso papa . cui favit papa . et quod stupenda admiratione dignum arbitror , contra regem rebellanti sinum aperuit refugii et protectionis : nisi s●c forte contigisser , ut suppressione veritatis , & suggestione falsitatis , istud fuerit impetratum . et quis christianorum ignorat , principem walliae regis angliae esse vassalulum ? soon after , * the king summoning a parliament of the archbishops , bishops , abbots , priors , earls , barons , and nobles at westminster , desired an ayde of money from them against the scots , promising to confirm the great charter of their liberties ▪ the nobles peremptorily persisting in their resolution , not to grant him any ayde ; thereupon , tunc dominus rex demum sp●rans saltem clerum ad desiderium suum inclinare , convocatis praelatis , porrexit illis papales apices in publico , sub hac forma ; requiring them to grant the king an ayde for the reasons therein mentioned . innocentius episcopus servus servorum dei , &c. archiepiscopis , episcopis , & dilectis filiis abbatibus , prioribus , archidiaconis , decanis , & aliis ecclesiarum praelatis , & clericis per regnum angliae constitutis , salutem & apostolicam benedictionem . debet mater ecclesia hos qui regali praeeminent dignitate , illa praerogativa prosequi , & ea muneris gratia praevenire , quod in ipsius devotione potestas semper ferveat , & ad ejus per consequens subjectorum obsequia pervigil habeatur . cum igitur inter reges caeteros orbis terrae charissimum in chisto filium nostrum regem angliae illustrem , singularis dilectionis brachiis amplectamur , qui veluti princeps catholicus et devotus romanam ecclesiam , matrem suam , filiali subjectione et obsequio devotionis , sic semper studuit venerari , quod nequaquam ab ipsius beneplacitis declinaret , quinimo quae ipsi grata novit et placita , sollicitudine prompta peregit : non est mirum , imo condedecens est , et condignum , si ipsius precibus facilius annuamus , si honoris ipsius et status quaeramus gloriam et augmentum : si ad quod affectus ipsius dirigatur , vestrae liberalitatis effectus consonet in id ipsum . sane cum idem rex , sicut ex parte ipsius fuit propositum coram nobis , pro quibusdam negotiis magnis et arduis , quae sibi imminebant , adeo subierit gravia , et subire adhuc ipsum oporteat onera expensarum , quod vestrae subventionis indigere subsidio dignoscatur , universitatem vestram rogamus , monemus , et hortamur attente , per apostolica scripta mandantes , quatenus attendentes prudenter , quod vos decet et convenit , eo libentius ipsius regis supportare labores , et gravamina relevare , quo minus posset sine vestri status et honoris dispendio alicujus jacturae vel incommoditatis onere praegravari , sibi de vestris redditibus honestum subsidium liberaliter conferatis . ut idem expensarum suarum , vestrae subventionis propitiante dex era , perferre levius onus possit , vosque provide vobis ejusdem regis , cujus honorum es●is participes , honoris & gloriae non expertes favorem & gratiam , quibus proculdubio indigetis , valeatis futuris temporibus vendicare , & nos , qui haberi volumus ex hoc ad vestra & vestrarum ecclesiarum commoda promptiores , devotionis vestrae promptitudinem non immerito commendemus . datum jan●uae . cal. augusti , pontificatus nostri anno secundo . similiter autem scripsit singulis praelatis sub eadem forma , non sine multae pecuniae effusione , papae transmissae , pro labore scripturae . et cum per commune consilium , a quo noluerunt recedere , provisum esset , ut responsio ad literas papales pro rege deprecatorias , prorogaretur usque ad terminum praenotatum , recedentibus magnatibus , ultimo die concilii , quod sex diebus duraverat , usque ad noctem , sollicitavit singulos praelatos deprecans , ut in crastino iterum convenirent . quibus convenientibus , in infirmaria , scilicet in capella johannis evangelista , misit dominus rex comitem legriae s. p. de subandia , radulphum filium nicholai , willielmum de cantelupo , johannem filium g. qui exposuerunt eis ex parte domini regis ejus desiderium , petentes diligenter , ut obtemperetur regiae voluntati , secundem petitionemsaltem papalem , si regia postponeretur . exposuerunt etiam regis instantem egestatem , & imminentia regis & regni pericula , videlicet motum in gasconia , insolentiam quoque wallensium reprimendam . petierunt ergo praelati transcriptum epistolae papalis , ut sibi super hoc consulerent . et dum talia agerentur , ante expectatum ecce rex solus festinanter , & ex abrupto advenit , protestans cum suo solito jus-jurando , quod honor eorum , honor suus foret , & e converso . et super praedictis preces exaggeravit . respondentibus igitur illis , quod super hoc diligentem haberent tractatum , rex recessit perturbatus . et cum super hoc propensius tractarent , volentibus aliquibus ut mitius regi responderent ipsi praelati , quam laici ; respondit lincolniensis , proferens hanc theologiae authoritatem : non dividamur a consilio communi ; quia scriptum est , si dividamur , statim omnes moriemur . et sic prorogata sunt omnia usque ad terminum memoratum , tam super petitione domini papae pro rege , quam ipsius domini regis . perpendens autem dominus rex , quod omnessimul non potuit enervare , recurrens ad versutias romanoruns , attemptare proposuit singulos singulatim , sicut alias fecerat , simulatis sermocinationibus circumventos sibi inclinare . rediensque petiit , ut saltem adhuc per unum diem moram protelarent . quod quidem praelatorum caute attendentes , noluerunt illaqueari . sed summo mane recedentes , retia quibus aliquando involvebantur , prudenter evaserunt . et murmurante rege , solutum est concilium . the bishops and nobles before their departure , agreed on these propositions to be presented and assented unto by the king , before they would grant him any ayde . de libertatibus alia vice emptis , concessis , & per chartam domini regis confirmatis , quod de caetero observentur . ad cujus rei majorem securitatem , fiat nova charta , quae super haec specialem faciat mentionem . et ab omnibus praelatis solenniter excommnicentur , qui scienter & prudenter libertates a domino rege concessas vel impugnare , vel impedire , quo minus observentur , praesumpserint ; & reformetur status eorum qui post ultimam concessionem in libertatibus suis laesionem incurrerunt . et quia propter virtutem sacramenti praestiti , nec non propter timorem sententiae latae a sancto viro aedmuudo , quod ea vice promissum fuerat hactenus non exstitit observatum , ne hujusmodi periculum de caetero eveniat , & sic fiant novissima , pejora prioribus , de communi assensu quatuor eligantur , potentes & nobiles de discretioribus totius regni , qui sint de consilio domini regis , & jurati , quod negotia domini regis & regni fideliter tractabunt , & sine acceptione personarum omnibus justitiam exhibebunt . hi sequentur dominum regem , & si non omnes , semper duo eorum ad minus praesentes sint , ut audiant querimonias singulorum , & patientibus injuriam celeriter possint subvenire . per visum & testimonium eorum tractetur thesaurus domini ▪ regis , & pecunia ab universis specialiter concessa , & ad commodum domini regis & regni expendatur , secundum quod melius & utilius viderint expedire . et erunt libertatum conservatores . et sicut de omnium assensu eliguntur , sic etiam sine communi assensu non poterit aliquis eorum amoveri , aut suo officio privari . uno eorum sublato de medio , de assensu & electione trium , loco illius alius substituatur infra duos menses , nec sine ipsis , sed cum necesse fuerit , & ad eorum instantiam , iterum conveniant universi . brevia contra regem & consuetudinen ▪ regni impetrata , penitus revocentur & aboleantur . memorandum quoque , de sententia ferenda in contradictores . item , de obligatione sacramenti in invicem . item , de itinere justitiariorum . justitiarius & cancellarius ab omnibus eligantur . et quia frequenter debent esse cum domino rege , poterunt esse de numero conservatorum . et si aliqua interveniente occasione , dominus rex abstulerit sigillum suum a cancellario , quicquid fuerit interim sigillatum , irritum habeatur & inane . deinde cancellario fiat restitutio . nullus substituatur cancellarius , vel justitiarius , nisi solummodo per solennem & universalem omnium convocationem , & liberum assensùm . duo justitiarii eligantur in banco . duo itidem barones in scaccario constituantur . unus quoque ad minus ▪ justitiarius judaeorum deputetur . hac vice autem per communem , universalem , liberamque omnium electionem , fiant & constituantur omnes officiarii praedicti : ut quemadmodum omnium negotia sint tractaturi , sic etiam in eorum electione concurrat assensus singulorum . et postmodum , cum necesse fuerit alius loco alicujus ipsorum praedictorum substitui aut subrogari , per provisionem ac auctoritatem quatuor illorum consiliariorum praedictorum , fiat illa substitutio aut subrogatio . hactenus suspecti , aut minus necessarii , a latere domini regis amoveantur . these were the particulars the bishops and nobles projected , and made no doubt to effect , had not the unseasonable motion of martin the popes instrument interrupted their design for the present , as the historians thus relate with much greif . et dum hujusmodi negotia utilia nimis reipublicae , in spatio trium hebdomodarum diligenter pertractassent magnates , hostis humani generis , pacis perturbator , & schismatum suscitator diabolus , haec omnia per papalem avaritiam infoeliciter impedivit . credens enim dominus papa , quod flexibiles angli colla sua jam dictae contributioni , juxta consuetudinem suam subdidissent , tum propter regis aviditarem , tum propter suae petitionis instantiam , misit a latere suo quendam clericum suum magistrum martinum , quem propter improbam rapacitatem suam multi magistrum mattinum appellarunt , habentem novam et inauditam potestatem ; videlicet ampliorem , quam unquam meminimus aliquem habuisse . manus enim extendit ad contributionem exigendam : provisiones secundum mentis suae impetum , ratione relegata , ad opus ignotum faciendas : redditus violenter extortos , consanguineis ▪ domini papae conferendos , authoritate papali truculenter armatus , cujus novas chartas , secundum desiderium suum , et secundum repentini casus emergentis negotium , singulis diebus ostendit . vnde fuerunt qui dicerent , ipsum habere multas schedulas non scriptas , tamen bullatas , ut in eis quicquid et placeret , scriberet : quod absit . missus est igitur iste legatus sophisticus ad regem primo , supplicans ei , ut et ipse vicem reddens domino papae , ( who by his precedent bull had charged the prelates and clergy of england to grant the king an ayde , on purpose to engage the king to consent to the ayde now demanded from them for himself in the first place , before the kings supply ) diligenter insudaret , ut praelati angliae ad contributionem domino papae faciendam , generaliter consentirent : ad minus , ad compromissionem , et festinam solutionem decem millium marcarum . cui respondit rex : quod magnates sui , tam praelati & clerici , & tam comites quam barones , & milites , tam frequenter bonis suis variis argumentis spoliantur , quod jam sibi vix sufficiunt : nec mihi regisuo , nec papae volunt vel valent contribuere . veruntamen mihi ipsi humiliato , & suae voluntati inclinato , jam modestius respondentes , juvamen juxta suas facultates promiserunt . quod cum audisset magister martinus , dejecto vultu recessit , nullam de regis adjutorio spem reportans . veruntamen convocatis praelatis , apices apostolicos ostendit sub hac forma , singulatimque primo archiepiscopis , & episcopis , & postea abbatibus exemptis , & non exemptis . innocentivs episcopus , servus servorum dei , &c. abbatibus , eorumque conventibus , exemptis , & non exemptis , in cantuariensi diocesi constitutis , salutem & apostolicam benedictionem . illam de vestrae synceritatis affectibus spem gerimus & fiduciam obtinemus , ut quoties sedi apostolicae matri vcstrae necesitatis articulus imminet , ad vos , tanquam dilectos ejus filios et devotos , ac pro ipsius oneribus relevandis semper paratos et promptos , incunctanter cum omni fiducia recurrere valeamus . cum igitur sedes ipsa apostolica praedicta , per ea quae piae memoriae gregorii papae , praedecessoris nostri authoritate in anglia aliisque regnis populi christiani , pro ejusdem sedis subsidio sunt collata & collecta , non adhuc a debitorum suorum , quae pro catholicae fidei , ecclesiasticae libertatis , & patrimonii sui defensione ( or rather to maintain his unjust wars , and trayterous designs against his soveraign lord the emperor ) contraxerat , onere valeat relevari , ad vestrae devotionis effectum , necessitate cogente , fiducialiter recurrentes , universitatem vestram , de consilio fratrum nostrortm rogamus , attentius monemus per apostolica scripta praecipiendo mandantes , et mandando praecipientes , quatenus praescriptae necessitatis & oneris instantia , qua romana ecclesia , mater vestra spiritualis graviter perurgetur , affligitur , & pene opprimitur , affectione pensantes , ut convenit , filiali , & compassionem super hoc habentes debitam erga ipsam , nobis & sibi , pro solutione debitorum illorum praedictornm , in ea subvenire curetis pecuniae quantitate , et summa , qualem et quantam dilectus filius noster magister martinus , camerae nostrae clericus , & lator praesentium , vobis ex parte nostra duxerit declarandam , exprimendamque . eamque ipsam pecuniam , per vos collatam , dicto magistro martino , aut ipsius nunciis , infra terminum , quem idem vobis praefiget , assignetis ; preces nostras ( or rather insolent papal commands ) taliter impleturi , quod nos devotionem vestram merito commendare possimus , & super hoc aliter procedere non cogamur . datum laterani , septimo idus jan. pontificatus nostri anno primo . cum autem haec londini prolata , diligenter a praelatis omnibus , praecipue tamen ab abbatibus essent intellecta , noluerunt abbates soli respondere , sed adjuncti aliis , quia eodem modo scriptum fuit eis , studiose super his contractaverunt . conquerentesque ad invicem , dixerunt : in arcto constitutus rex dominus & patronus noster , & multarum ecclesiarum nostrarum fundator & instaurator , thesauro destitutus , rogat auxilium ad defensionem & munimen regni , id est reipublicae , & hoc idem dominus papa postulat instanter pro ipso rege : ecce duplex petitio , utrobique valida & efficax . supervenit autem alia papalis non expectata postulatio . prima quia duplex praeponderat , & est favore dignior . ex regis enim liberalitate aliquam expectamus retributionem : ex papa vero , nullam . hinc tamen impetimur , illinc perurgemur : hinc premimur , illinc coarctamur , & quasi inter incudem & malleum conterimur ; & velut inter duas molas exagitamur . et dum talia , non sine cordium cruentatorum amara sollicitudine , diversimode revolverentur , ad omnium magnatum notitiam omnia pervenerunt . perstrepit murmur in populo , et quid agendum ignorantes , omnes ad praelatos accesserunt , ut uno per omnia consilio uterentur , quia hoc negotium generalem statum regni contingebat . et ecce magister walterus de ocra , & quidam alii solennes nuncii domini imperatoris , londinum advenientes ad concilium , epistolam imperialem in medium protulerunt . et statim , magistro martino multum murmurante , & inde grunniente , perlecta est in praesentia domini regis & totius concilii . in qua epistola se excusabat dominus imperator , de contumacia , super qua reddiderat eum dominus papa infamem , asserens , se velle humiliter justitiae parere , & mandatis ecclesiae stare & satisfacere . cui etiam perhibebant testimonium dominus imperator constantinopolitanus , & dominus comes tholosanus , per literas suas patentes ibidem in propatulo demonstratas . justificans etiam se dominus imperator fredericus in tenore ejusdem chartae , & per nuncios itidem offerentes , protestatus est , quod dominus papa proterve exigebat se seisiri civitatibus & castris & terris quibusdam , de quibus non adhuc constat , si pertineant ad imperium vel ecclesiam ; & incarceratos quosdam , quos tenebat quasi suos seductores , liberari , antequam idem imperator absolveretur . timens igitur , ut ait , irretiri , et papalibus laqueis alligari , supposuit se dispositioni & censurae regum francorum & anglorum , ac barnagii regnorum eorundem . nec sic , ut ait , a domino papa exaudiri , nec appendi potuit ejusdem tam justa humilitas . et super hoc conquestus est graviter universis . in calceigitur sermonis in charta conscripti , inculcans addit dominus imperator fredericus , cum quadam etiam comminatione adjuncta , quod omnia transmissa in aurilium domini papae , fuerint addita imperiali the sauro . vnde modis omnibus quibus potuit , supplicabat , ne anglici in suum detrimentum papae aemulo suo aliquid contribuerent . addidit etiam , quod si rex angliae suis obtemperaret consiliis , regnum angliae * a tributo , quo injuste papa innocentius tertius illud ligaverat , potenter ac juste liberaret , necnon et ab aliis papalibus gravaminibus , quibus diatim opprimitur , illud eriperet . per quod dominus imperator multorum corda sibi conciliavit . insertum etiam fuit chartae memoratae , quod si rex huic mandato non obtemperaret , quoscunque de suis in ditione sua posset reperire , gravi puniret ultione . a letter , advice , resolution worthy a magnificent christian emperor . convenientibus autem iterum magnatibus cum praelatis generaliter londini , scilicet a die purificationis beatae mariae in tres septimanas , concilium super praedictis negotiis & tractatum habuerunt diligentem . affuerunt etiam illic quorundam absentium procuratores , videlicet cantuariensis & eboracensis archiepiscoporum , triumque sedium episcopalium tunc vacantium , ex parte capitulorum , coventrensis , cicestrensis & coventr . et renovata fuit petitio domini regis , super auxilio pecuniari sibi faciendo . circa quod de die in diem convenit eos dominus rex , tum in propria persona , tum per internuncios solennes , per quos promisit se libertates quas juraverat in coronatione sua , super quibus chartam confecerat , integerrime servaturum . ad quarum etiam tuitionem , rogavit , ut singuli episcopi in diocaesibus suis , sententiam ferrent in ipsum , et omnes , qui contra memoratas libertates venirent in aliquo articulo . tandem unanimiter , cum nullo modo ad aliam formam possent flecti , concesserunt domino regi , ad maritandam filiam suam primogenitam , de omnibus , qui ten e nt de domino rege in capite , de singulis scutis viginti solidos solvendos , scilicet medietatem ad pascha , et aliam ad festum sancti michaelis . et cum relatum esset domino regi , ut ad memoriam tam haec quam praeterita reduceret , recordatum est ei , quoties similia a suis fidelibus , quos fovere debuit , non depauperare truculenter , & sine solutione promissorum , eisdem extorserat . post captionem bedefordiae , statim concessum est ei carucagium de tota anglia , scilicet de qualibet caruca duo solidi . in anno sequenti , quintadecima omnium mobilium . iterum , iturus in britanniam , coepit non modicam pecuniam a praelatis etiam & viris religiosis , burgensibus , & judaeis . post reditum suum de britannia , coepit scutagium , scilicet de scuto tres marcas . item , postea concessa fuit quadragesima pars omnium mobilium . item , postea trigesima pars omnium mobilium . item , quando maritavit sororem suam isabellam domino imperatori frederico , coepit dominus rex ad maritagium suum carucagium , videlicet de qualibet caruca duas marcas . in nativitate autem filii sui , in magnum dedecus sui , multa munera , quae ad magnam summam pecuniae ascenderunt , violenter & impudenter extorsit . item , iturus in gasconiam , coepit a praelatis , viris religiosis , burgensibus , & judaeis , & a quibuscunque potuit aliquid abradere , pecuniam multam , imo pene infinitam . rediens autem a gasconia inglorius & seductus , jussit ut magnates & praelati ipsi occurrerent etiam usque ad mare , qui ibidem illum diu expectantes frustra , tandem ipsum in muneribus multis & impreciabilibus exceperunt . similiter & cives londinenses , & alii . et qui munera nobilia compertus est non contulisse , aliquo argumento redargutus , damnificabatur . qualiter autem pro hac praesenti contributione & omnibus aliis , promissa & pacta adimplebit rex , noverit ille qui nihil ignorat . et cum novisset magister martinus nuncius domini papae , quod magnates angliae regiae contributioni generaliter consensissent , inhiabat avidius ad negotium suum , ad quod missus fuerat , consummandum , quod adhuc suspensum expectabatur , videlicet de adjutorio domino papae pecuniari faciendo . congregatis igitur omnibus , ait , veri fratres , ac domini romanae ecclesiae filii dilectissimi , in quorum sinu reposita est tota spes papalis , quid respondetis & vos patri vestro spirituali super negotiis romanae ecclesiae matris vestrae , ut per epistolam papalem certificamini , sic oppressae ? domino vestro temporali obedienter obtemperastis , videlicet domino regi ; absit ut patri vestro spirituali , scilicet domino papae , in vobis confidenti , et pro statu universalis ecclesiae contra ejus rebelles dimicanti , manum non porrigatis auxiliatricem . at praelati prudenter considerantes sermones ipsius mellitos & mollitos , favo dulciores , & oleo molliores , cum tamen essent in fine felle amariores , & jaculis pungentiores , non sunt incurvati . sed praehabita deliberatione , ponentes verbum commune in ore domini decani sancti pauli londinensis , viri discreti & facundi , haec ipsi magistro martino praedicto retulerunt . domine , respondet tibi universitas praelatorum angliae , jam de auxilio pecuniari domino papae contribuendo , quam de redditibus , quos à singulis ecclesiis sibi per te dominus papa postulat exhiberi . ista quae proponis , dominum regem angliae specialiter tangunt , generaliter autem omnes ecclesiarum patronos . tangunt etiam archiepiscopos , et eorum suffxaganeos , necnon universos angliae praelatos . cum ergo dominus rex propter infirmitatem , archiepiscopi , episcopi , & alii ecclesiarum praelati , sint absentes , in eorum absentia , respondere non possumus , nec debemus : quia si id facere praesumeremus , in praejudicium omnium absentium fieret praelatorum . et illis dictis , venit johannes marescallus , & alii nuncii domini regis , ad omnes praelatos , qui de rege baronias tenebant in capite , districte inhibentes , ne laicum feudum suum romanae ecclesiae obligarent , unde a servitio sibi debito privaretur . haec cum magister martinus intellexisset , statuit his qui aderant diem in medio quadragesimae , dum ipse procuraret domini regis adventum & absentium praelatorum , ut negotium tunc sortiretur effectum . sed illi absque regis et aliorum , qui absentes erant , assensu , praefixum diem admittere noluerunt : unde singuli ad propria sunt reversi . veruntamen authoritate novarum literarum , quibus ad placitum abundabat magister martinus , iterum aliqui praelatorum convocati , memoratae contributioni noluerunt consentire , sed jam efficatius restiterunt , dicentes per praedictum responsalem : in primis , paupertas regni angliae , cui undique imminent bellorum pericula , non permittit huic exactioni consentire , quae toto regno comminatur . praetextu cujus paupertatis plures adhuc ecclesiae aeris alieni pondere , & praecipue monasteria , praegravantur . item , cum legato cardinali exigente fieret contributio nuper propter onus aeris alieni , quo dicebatur ecclesia romana praegravari , in magnum gravamen nostrum , nec tamen in utilitatem ecclesiae sit conversa , fortius nunc simplici nuncio exigente , timeri potest , ne consimile vel deterius contingat ista vice . item , si nunc iterum fieret , timeri posset non immerito , ne ad consequentiam traheretur , cum binus actus inducat consuetudinem . item , cum in brevi celebraturus concilium credatur dominus papa , & certe jam dicatur , ubi indubitanter praelati omnes et singuli gravabuntur , tum in magnis itineribus , et sumptuosis laboribus , tum etiam in visitationibus , gratis vel non gratis , domino papae , aut quibusdam aliis , quos nunquam munera spernere vidimus , faciendis , contingeret , quod per afflictiones afflictis additas , pauci invenirentur , qui possent moles hujusmodi importabiles ferre aut sustinere . item , cum sancta mater nostra ecclesia romana aere alieno onerata plurimum affligatur , justum est & honestum , ut cum pondus hujusmodi sustinere non praevaleat , sibi ab universis devotis suis filiis , qui omnes in brevi cre ●untur in concilio convenire , fiat subventio . et quod principaliter tangit , ab omnibus comprobetur , ut sic melius ecclesia relevetur , & sirguli minus praegraventur . cum autem haec audisset contra exactionem ecclesiarum & praebendarum , & auxilii pecuniaris tam efficaciter & constanter inferri , dicitur magister martinus oblatrasse comminando . quod praelati patienter sufferentes , soluto concilio recesserunt : in calce sermonis addentes , quod imperiales minas , si contribuissent amplius , formidabant . martin thus defrauded of his expected ayde , betakes himself to his rapines : et tunc autem insidiando , manus avidas redditibus vacantibus latentius injecit : utpote sarisburiensis ecclesiae thesaurariae , quam nepotulo domini papae conferri procuravit , & aliis plurimis , de quarum collationibus et ablationibus , ob reverentiam ecclesiae romanae honestius est omittere , quam propter scandalum enarrare . eodem vero anno , tertio idus septembris , consecratus est in episcopum batoniensem magister rogerus , sarisburiensis ecclesiae ptaecentor , vir eleganter moribus & scientia theologiae praeditus , apud radingum . cujus redditibus jam vacantibus , magister martinus , domini papae clericus , papali fultus authoritate , avidas manus injecit , cuidam papae consanguineo conferendis . eodemque tempore , factae sunt inauditae extorsiones pecuniae et reddituum , per magistrum martinum , londini commorantem , scilicet apud novum templum . per modum enim legati se gerens , licet legati vestibus , pro privilegio regis sophistice salvando , non insignitus , passim significavit imperiose illi abbati , vel illi priori , ut sibi darent et mitterent munera pretiosa , palefridos desiderabiles , et in esculentis et poculentis sumptuosa xenia , et vestimenta adornativa . quod cum fecissent , ipse martinus remisit eis quae ei missa fuerunt , asserens ea esse insufficientia , & praecepit eis , ut meliora sibi sub poena suspensionis et anathematis transmitterent . suspendit autem omnes a collatione beneficiorum triginta marcas valentium et supra , donec suae satisfactum foret cupiditati . vnde miseri anglici acerbiorem quam olim subierunt filii israel , se doluerunt in aegypto britannica tolerare servitutem . hereupon the king issued this memorable writ of prohibition to this usurping , oppressing roman harpy , to stop his invasions upon the rights of patrons by papal provisions , which neither he nor his nobles would or could any longer endure , and whereof they would complain to the pope and cardinals , to put a bridle to him : wherein the king amongst other things informs him , that no legates ought to come into the realm , unlesse they were specially desired from the see apostolick , by the king himself . rex magistro martino , clerico camerae domini * regis & ejus nuncio , salutem . non capit in vobis sermo noster , nec recepit impressionem sermonis nostri cor vestrum lapideum , quod erga nos est nimium induratum . nos autem illud mollificabimus , & de necessitate virtutem vos facere faciemus , quoniam subversionem quam in regno nostra intenditis attemptare , non possumus nec volumus sustinere . ad memoriam quidem , si vultis , bene poteritis revocare , qualiter pluries vobis scripsimus satis recenter , quod nullo modo sustinebimus abbatem de burgo s. petri , praesentationibus ecclesiarum ad patronatum suum spectantium , privari ad praesens , ad quos nostros praesentavit clericos speciales . porro , non credimus vos latere , & si placet , vobis praesentibus innotescat ; quod legati in regnum nostrum non veniunt , nisi per nos a sede apostolica specialiter postulati . et qui hucusque postulati venerunt , et in majori officio missi fuerunt , nunquam mandatum apostolicum pervertere , et * jura nostra , et magnatum nostrorum subvertere intenderunt , nec id effectui manciparunt ; et de majoribus magnatibus nostris episcopos et abbates merito reputamus , qui inter alios majores possident baronias , quos sicut et laicos , si regnum nostrum conservare velimus , necesse habemus protegere et tueri . discretionem igitur vestram attente rogamus precibus inculcatis , quatenus praesentationes praedictas impedire nullatenus praesumatis , attentius attendentes , quod magnates nostri non modicum contra patientiam nostram obmurmurant super beneficiorum surreptione , quam in regno nostro facere incepistis , quam nec nos possumns , nec volumus , nec ipsi possunt , nec volunt aequanimiter tollerare . vos igitur tam in praemissis , quam in aliis agendis vestris in regno nostro , vos ita modeste gerere studeatis , quod jura nostra , et magnatum nostrorum , nullatenus perimatis ; quoniam si secus egeritis , protervitati vestrae et injuriae fraenum debitum imponemus , non sine revelatione execrabilis facti vestri , quod domino papae , et omnibus cardinalibus , et toti romanae ecclesiae curabimus intimare . si quod autem mandatum praesentationibus praedictis contrarium episcopo lincoln . direxeritis , id celeriter revocetis . teste rege apud novum castrum super tinam , decimo die augusti . martin notwithstanding these prohibitions and complaints , proceeded on still in his rapines and exactions ; the king at last protecting and conniving at him , for the * ayde the pope had enjoyned the clergy to grant him . whereupon , instabat interim vigilantissime & incessanter , saepedictus ille magister martinus domini papae clericus , redditibus , quomodolibet ad opus papae , papalibusque consanguineis congregandis ac conferendis . de cujus proterva et injuriosa rapacitate honestius et tutius esset , ob reverentiam sanctae romanae ecclesiae , arbitror silere , quam aures offendere audientium , et mentes fidelium talia enarrando perturbare . redditus autem thesaurarii sarisburiensis , cum aliis multis , violenter , ut praetactum est , sed praecipue a viris religiosis , rapiuntur ; procuratiae , et munera exiguntur sibi festinanter transmittenda , et contradicentes graviter puniuntur . rex quoque parti suae favit , eundem contra omnes protegens , forte propter retributionem , & facta est regni conditio miserrima . ipso quoque tempore , obiit magister elyas de derham , canonicus sarisburiensis . cujus redditibus vacantibus , manus rapaces injecit magister martinus , ad opus papae . after which he seized upon the temporalties of some bishopricks then voyd , belonging to the king , who thereupon grew very angry with him . upon which occasion , * fecit dominus rex eodem tempore per singulos comitatus diligenter inquiri , summam reddituum romanorum et virorum italicorum , quos romana curia fraudulenter et violenter ditavit in anglia . et inventa est summa reddituum eorum annuatim , sexaginta millia marcarum : ad quam summam non attingit redditus annuus totius regni angliae . vnde rex , licet sero , et in admirationem est expergefactus , et in iracundiam , nec immerito , est commotus . the copy of these writs of inquiry issued to all the sheriffs of england , not extant in our historians , i find thus recorded in the clause rolls of this year . rex vicecomiti northamptoniae , salutem . praecipimus tibi quod per sacramentum proborum & legalium hominum de com. tuo , per quos rei veritas melius sciri poterit , cum quanta poteris diligentia inquiras ; quae beneficia ecclesiarum parochialium , praebendarum , et pensionum de camera , et de omnibus aliis beneficiis italici , videlicet romani , tuscani et lombardi , et alii ultramarini habent in com. praedicto , et quantum valeant per annum . et inquisitionem inde factam sub sigillo tuo et sigillis eorum per quos facta fuerit , nobis distincte , caute et aperte sine dilatione mittas , et hoc breve : ita quod eam habeamus ad tardius in festo sanctae trinitatis , sicut corpus tuum diligis . teste rege apud woodstocke , xxiij . die maii. eodem modo scribitur omnibus vicecom . angliae . moreover , the nobles to prevent the popes extravagant exactions , bulls and provisions , caused all such as brought them into england , to be diligenty searched and apprehended . urgente igitur necessitate totius regni angliae maxima , praeceptum est ipso tempore , ex parte aliquorum magnatum , pro multiformi et incessabili oppressione et depraedatione regni dolentium et miserantium , ut diligenter et arcte custoditis omnibus portubus angliae , papales literae , quae quotidie ad emungendam pecuniam portabantur , caperentur . contigit autem eisdem diebus , ut unus domini papae cursor , talibus literis bullatis one ratus , apud doveram applicans , pervenisset . quem statim custos portus illius & villae praepositus comprehendit , ut sibi mandatum erat , & abstulit ab illo omnes illas epistolas & bullatas literas , multas abominationes de diversis argumentis emungendi pecuniam continentes , et ipsum cursorem in castro doverae incarcerari fecit . quod cum audisset magister martinus , regem adiit , super hoc querelam ei praesentaturus . cujus rei cum rex se auctorem negasset , ( for fear of displeasing the pope , though he issued out writs for thaet purpose at the nobles importunity ) ipsum eursorem liberari praecepit , & in perniciem regni & honoris sui , ipsas epistolas a majore doverae fecit violenter extortas magistro martino gratanter praesentari , & aliquarum effectu ad votum gratulari . the writs issued to the guardian of the cinque-ports and others , for seising the persons of all such as brought in any romish bulls or letters , is thus entred on record in the tower. rex bertramo de cryoyle , salutem . mandamus vobis in fide qua nobis tenemini firmiter injungentes , quod nec archiepiscopum , nec episcopum , abbatem , vel priorem , fratrem praedicatorem vel minorem , vel aliquem virum religiosum cujuscunque fuerit ordinis , vel alium cujuscunque nuncium , clericum , vel laicum , anglicum vel alienigenam , de hiis quos applicare continget in portu dovorum , vel aliquo quinque portuum , ulterius procedere permittatis , antequam diligens factum fuerit scrutinium de hiis quae super se portaverint , sive literas deferant , sive literas deferant , sive alia , & inde certificati fuerimus per missionem earundem literarum ad nos ubicunque fuerimus in anglia ; & interim corpora eorundem arrestari faciatis : ita quod ulterius non procedant , donec inde voluntatem nostram vobis scire fecerimus . istud autem firmiter observari faciatis , nisi solum de hiis quos bene seiveritis esse de fide & amicitia nostra , vel specialium nostrorum . teste rege apud clippenham , tricesimo primo die marcii . et mandatum est ballivis portus de heath , quod nec archiepiscopum , nec episcopum , abbatem , vel priorem , fratrem praedicatorem , vel minorem , vel aliquem virum religiosum , cujuscunque fuerit ordinis , vel alium cujuscunque nuncium , clericum , vel laicum , anglicum vel alienigenam , de hiis quos applicare continget in portu suo , ulterius procedere permittant , antequam diligens , &c. ut supra , usque ad illam clausulam nisi solum , &c. moreover the king at the earnest request and complaint of his nobles , against his own private inclination , issued forth this memorable ptohibition to the abbot of st. edmunds , not to give or pay any subsidy to martin the popes agent , or to suffer him to conferre any benefices on any person without his privity , till the noblemens proctors returned from the council of lyons , where they intended to appeal against these innovations and oppressions . rex abbati de sancto edmundo , salutem . cum pro oppressionibus innumerabilibus factis in regno nostro per ecclesiam romanam , ob quam magnates nostri ad sedem apostolicam appellarunt , et quosdam pro ipsis pro universitate totius barnagii angliae ad concilium in brevi celebrandum , ad appellationem suam prose quendam duxerint destinandos , nos attente rogaverunt , ut nullam immutationem per nuncios apostolicos usque ad reditum praedictorum nunciorum fieri patiamur ; nos , licet inviti , voluntati apostolicae contrarium aliquid facientes , volentes tamen nostris condescendere magnatibus , quod quidem honori nostro novimus convenire , vobis mandamus firmiter injungentes , quod sicut baroniam et tenementa vestra diligitis , magistro martino clerico camerae domini papae , vel alicui nuncio apostolico nullum subsidium impendatis , donec praefati nuncii redierint a concilio supradicto , aut certum responsum receperimus ab eisdem , nec interim ad ipsius mandatum praeter conscientiam nostram aliqua beneficia conferatis , vel ab ipso conferri permittatis . moreover the king at the nobles request , sent this writ to his chief justice in ireland upon the same account , to hinder john russin , martins agent sent over into ireland , to extort any money or provisions , or conferre any benefices there , or to do any thing to the prejudice of his land or crown , untill he should receive the kings further command therein . rex m. filio geroldi justic . hiberniae , salutem . ad vestram volumus notitiam pervenire , quod magnates nostri angliae ob gravamina non modica et immoderatas oppressiones quibus summus pontifex viros religiosos , et alios clericos terxae nostrae inquietat , obmurmurant , et mente turbantur ; ita quod ea de causa missuri sunt in proximo solempnes nuncios ad ipsum summum pontificem , petituros cum instantia , quod a praedictis oppressionibus desistat . et quia , sicut audivimus , martinus clericus et nuncius domini papae , qui in anglia moratur , quendam clericum nomine iohannem ruffum , jam misit in hiberniam , ut similes in terra nostra hiberniae faceret oppressiones : vobis mandamus , quatenus ipsum iohannem , vel alium literas apostolicas deferentem , vel ipsius martini , non permittatis a viris religiosis pecuniam aliquam extorquere , vel * promissiones aliquas facere romanis vel italicis de beneficiis ecclesiasticis virorum religiosorum , vel aliarum personarum ecclesiasticarum , vel aliquid exigere quod terrae nostrae hiberniae nocere possit , donec aliud a nobis habueritis mandatum . teste rege apud westm . primo die junii . the kingdom being thus generally grieved by this shamelesse oppressor , thereupon the nobles meeting secretly at a torney , against the kings prohibition , consulted how to send him packing out of the realm , and sent a terrible menacing message to him , within four dayes to depart the realm , under pain of being cut in pieces ; whereupon he repairing to the king , who gave him a sharp answer , demanded a safe conduct from him , to guard him from the fury of the nobles and people to the sea-side , and thereupon departed the realm in a terrible panick fear ; thus related by matthew paris . his diebus , videlicet in crastino apostolorum petri & pauli , postquam quaedam torneamenta plena occulto odio per dominum regem , propter imminens periculum , prohibebantur , apud luitonam & dunestapliam congregatorum , missus est fulco filius warini ex parte universitatis regni , ad magistrum martinum , papae clericum saepedictum , londini commorantem , apud novum templum . qui torvo vultu respiciens , eum sic est affatus : recedens statim , exi ab anglia . cui magister martinus : quis mihi hoc mandat ? an tu ex te ipso hoc habes ? cui fulco : hoc tibi per me mandat armatorum , qui nuper apud luitonam & dunestapliam apparuerunt , universitas . et si sano credis consilio , ne moreris usque in tertium diem , ne tu et omnes tui in trustra concidaris . recedente igitur fulcone irato nimis , & minas minis cum terribili juramento cumulante & exaggerante , magister martinus trepidus & anhelus , statim dominum regem adiit , & dixit e● : domine rex , talia nunc audivi : fit ne hoc authoritate vestra , vel vestrorum temeritate ? cui dominus rex : non me hujusmodi rei authorem profiteor ; sed barones mei vir se continent , quin insurgant in me , eo quod tuas in regno meo , et eorundem , quae jus et modum excedunt , depraedationes et injurias hactenus toleravi . quorum etiam furorem vix compescui , quin et in te irruentes , te membratim non dilacerarunt . cui magister martinus humili & trepida voce ait : peto igitur , domine rex serenissime , ob dei amorem , & domini papae reverentiam , liberum exitum , & tutum à terravestra cum conductu vestro recessum : cui dominus rex , commotus & iratus nimis , ait : diabolus te ad inferos inducat et perducat . dumque circumsedentes vix regem mitigassent , jussit rex cuidam marescallo palatii sui , nomine roberto norisco , ut ipsum magistrum martinum usque ad mare salvo perduceret . qui cum statim iter aggrediens , ducem suum robertum dictus magister martinus juncto latere sequeretur , & quandoque , ut contingit , equitantes aliquos conspiceret vel transeuntes , ipsum timor & tremor adeo contraxerunt , ut si terra hiaret , sub cespite latitaret . ( o the strange fear and terrour that guilt infused into this impudent papal oppressor , though armed with the popes own bulls ! ) et cum procedentes , ad lymbum cujusdam sylvae venalis pervenissent , quam electus cantuariensis venalem exposuerat , ubi compatriotae ad emenda & eligenda robora convenerant , conspiciens eos martinus , pavidus ait , duci suo roberto , heu heu , quod timebam , accidit mihi . ecce nos invasuri . o amice & domine mi roberte , habesne filium , nepotem , consanguineum , vel amicum , quem cupis in redditu ecclesiastico promoveri ? praesto sum ut procurem omnia tibi postulata . ecce insidiantes animae meae : protege me sub umbra alarum tuarum . cui respondit robertus : absit ut aliquis meorum talem habeat in ecclesiasticum beneficium per me ingressum . nescio qui sunt illi . veruntamen ad ipsos vado quantocyus , te me hic expectante , ut monstrato regis autentico , si malevoli sint , eorum reprimam temeritatem . qui ad ipsos veniens , cum rei veritatem cognovisset , cito rediens ad martinum , ut illuderet ei , ait : vix eorum compescui furorem , quin te frustatim detruncassent . sed nunc latenter & caute ambulemus , ne deterius quid tibi contingat : & navigans irrediturus , sisapis , recedas , ne in laqueos quaerentium animam tuam infoeliciter praecipiteris . ex tunc igitur magister martinus equinis lateribus non parcendo , moram ducis redarguens , ad mare properabat . et ad doveram perveniens , die sancti suitheni navem ascendens , multos in recessu suo laetificavit . sed ne virulentae pestis efficacia penitus cessaret , cuidam magistro philippo , auctoritatis sibi concessae adhuc exequendi in extorsione reddituum , potestatem concessit , et sic post terga foeda reliquit vestigia . haec igitur dixerim , ut sciat quilibet , quam formidolosi sunt hi solum pecuniae inhiantes , quos propria sauciat conscientia . there being nothing that so much encouraged the popes exactions , to proceed in their rapines , as the sordid timidity and baseness of the english prelates and clergy , in not publickly resisting them with that courage and resolution as the nobles and commons then did , out of a generous publick spirit . matthew westminster thus relates martins departure out of england , somewhat different in some circumstances from matthew paris . audiens autem dominus rex , multos de protervitate dicti magistri martini graviter conquerendo murmurare , reversus ad se , licet sero , coepit dolere , quod tantum tolerasset romanos alienis bonis saginari , et ubi non seminaverunt tantum messis congregasse . fecit igitur per singulos comitatus angliae inquiri , summam reddituum romanorum , et inventum est , quod ad tantundem pecuniae ascendisset , quantum redditus ipsius , videlicet lx . millia marcarum puri redditus , exceptis aliis variis emolumentis . admirans igitur rex insatiabilem romanae curiae protervitatcm , misit ad ipsam curiam procuratores suos , ut contradicerent de tributo injuriose imposito , et ut coram concilio querimoniam reponerent de oppressionibus , et injuriosis exactionibus , quas dominus papa quotidie non desinit in anglia exaggerare . misitque dominus rex fulconem filium warini , ut diceret praedicto magistro martino , quod sibi caute praecavens , a terra sua cito fugeret . non enim poterat furorem volentium irruere aliquatenus cohibere . fulco igitur mandatum regis exequens fideliter , ex parte universitatis angliae dixit eidem magistro martino , ut ante quartam diem sequentem nullatenus in regno inveniretur , ne extunc in frustra concederetur . magister igitur martinus more romanorum , qui fugantes fugiunt , et fugant fugientes , multum timens pelli suae , accepto domini regis conductu , ab anglia ante tertium diem clanculo fugit repentinus . magister interim martinus ad dominum suum papam cum pervenisset , & quae praescripta sunt eidem plenius enarrasset , infrenduit papa , et ira excanduit vehementi . et recolens quod tam rex francorum , quam arragonum , ingressum regnorum suorum vetuissent ipsi postulanti , nec rex anglorum adventum suum in angliam acceptasset , imo potius ipsum execrando nuncium suum et clericum ab anglia probose ejecisset , dixit in iracundia magna , voce susurra , oculos obliquando , & nares corrugando : expedit ut componamus cum principe vestro , ut hos regulos conteramus recalcitrantes : contrito enim vel pacificato dracone , ( meaning the emperor ) cito serpentuli conculcabuntur . ( a most insolent speech of a proud antichristian cholerick pope . ) quod verbum in vulgus promulgatum , in multorum cordibus offendiculum indignationis generavit . * alexander king of scots ( an. . ) having by his charter to k. henry the d. charissimo & ligio domino nostro , ( as he stiled him ) promised and granted for him and his heirs , quod in perpetuum bonam fidem ei servabimus pariter & amorem ; et quod nunquam aliquod foedus inibimus per nos , vel per aliquos alios , ex parte nostra , cum inimicis domini regis angliae , vel haeredum suorum , ad bellum procurandum vel faciendum , unde damnum ei vel regnis suis angliae & hiberniae , aut caeteris terris suis eveniat , vel possit aliquatenus evenire , nisi nos injuste gravent , &c. which charter was ratified by his oath , and the oathes of most of the nobles of scotland , in the presence of the popes legate . haec itaque , ut firmius robur in perpetuum obtinerent , & alia inferius annotata , transmissa sunt ad dominum papam , ut haec omnia confirmaret , hoc modo . ( it being then grown in use by * former presidents , for princes voluntarily to subject themselves to the popes and other bishops ecclesiastical censures and excommunications , if they violated their charters , leagues , oathes , and agreements to each other . ) sanctissimo in christo patri , innocentio dei gratia summo pontifici , alexander eadem gratia rex scotiae , comes patricius , comes de stratherne , ( with . more earles and nobles therein named ) salutem , & debitam cum omni honore reverentiam . sanctitati vestrae significamus , nos sacramentum corporaliter praestitisse , coram venerabili patre ottone , tituli sancti nicholai in carcere tulliano , diacono cardinali , in anglia , scotia , & hibernia , tunc apostolicae sedis legato , ac chartam nostram confecisse , quae ita incipit : sciant praesentes & futuri , quod ita convenit in praesentia domini ottonis sancti nicholai , &c. quae charta penes dominum regem angliae & nos remanet chyrographata . item aliam : quae sic incipit : ad omnium vestrum notitiam volumus pervenire . cum ex forma praecedentium nostrarnm pateat obligationum , subjecimus nos iurisdictioni vestrae , ut nos et haeredes nostros per censuram ecclesiasticam possitis coercere , si aliquo tempore contra memoratam pacem vencrimus : etsi nonnunquam contingit , quod quidam nostrum , omnes , vel unus , contravenire temere praesumerent , vel praesumere nituntur , & ex hoc tam animabus nostris quam haeredum nostrorum grave posset generare periculum , & corporibus nostris & rebus non minimum immineret detrimentum : sanctae paternitati vestrae supplicamus , quatenus alicui suffraganeorum archiepiscopi cantuariensis detis in mandatis , ut nos haeredesque nostros ad praefatae pacis observationem compellat , prout in instrumentis inde confectis plenius continetur . alias , super eadem pace , quod canonicum fuerit , authoritate vestra statuat , contradictores , &c. et ad istius petitionis nostrae consummationem , praesenti senpto sigilla nostra apposuimus . haec autem cum consummata fuissent , amici facti sunt , ut sperandum est , indissolubiles , domini rex angliae , & rex scotiae , absque simulatione & verborum scrupulosa contentione . soon after this league with the scots thus ratified , * david prince of northwales invading and pillaging the english , against his forementioned oath and charter , ( encouraged by the popes bulls of exemption ) thereupon the king in the archbishops absence sent this writ ( together with a copy of the archbishops delegation and davids charter ) to the bishop of worcester , to excommunicate him with his adherents and favourers , according to the clause in the charter * forecited . rex w. eadem gratia wigorn. episcopo , salutem . cum david filius lewellin quondam principis norwalliae summiserit se & omnes alios wallenses qui sibi adhaererent , & eorum terras jurisdictioni venerabilium patrum cantuariensis archiepiscopi , & quorundam suffraganeorum ipsius vel aliquorum ex ipsis in solidum , quorum nos ipsi examen eligere vellemus ; quod si a forma pacis inter nos & ipsum initae aliquando resiliret , liceret eisdem archiepiscopo & episcopis quibusdam eorum quos nos eligeremus , per sententias excommunicationis et interdicti ipsum david et alios wallenses sibi adhaerentes coercere , donec ad condignam satisfactionem venirent , et super hoc corporale praestitisset sacramentum : nos quia praedictus david cum quibusdam complicibus suis terram nostram & baronum nostrorum , spreta sacramenti sui religione , hostiliter invasit , coercionem super hoc invocavimus venerabilium patrum b. cantuar. electi , & p. hereford . episcopi , qui cum profecti sint ad curiam romanam , suam nobis jurisdictionem in hac parte , per literas suas patentes , quas vobis mittimus simul cum transcripto literarum ipsius david , demandaverunt exequendam ; super quo paternitatem vestram rogamus quatenus praedictum david & complices suos , et fautores debita fcriatis authoritate praedicta coercione , ut super eo quod contra formam pacis praedictae , inter nos & nostros attemptavit , debitam non effugiat vindictam . teste apud merleberg . xxix . die novembris . hereupon to avoyd this excommunication , and exempt himself from the kings allegiance : * eorum temporum curriculo , david princeps northwalliae , neposque domini regis angliae , timens vehementissime impetus regis anglorum , contra eum merito commotum , ( qui ad asylum papale ut praetactum est fugerat , & favorem invenit ut collum de jugo regis excuteret ) misit ad dominum papam nuncios solennes , per quos ei significavit , quod se suamque terram totam contra regis anglorum jus contuendam ecclesiae romanae resignavit , ipsi tamen david tenendam , suisque haeredibus , reddendam inde annuatim quingentas marcas . ( in imitation of king johns * forecited charter to pope innocent the d. ) et literas super hoc , nacta occasione justitiae , non sine maximae pecuniae inutili effusione , meruit obtinere , sub hac forma . illustri viro , domino henrico , dei gratia regi anglorum , &c. abbates . haberconmiae , & de kemere , cisterciensis ordinis , inquisitores dati a domino papa , salutem in domino . mandatum domini papae recepimus in haec verba . innocentivs episcopus , servus servorum dei , dilectis filiis abbatibus de haberconmia , & de kemere , cisterciensis ordinis , bangorum diocaesis , salutem & apostolicam benedictionem . ex parte dilecti filii nostri , nobilis viri david , principis northwalliae , fuit propositum coram nobis , quod cum inter ipsum , quem parentes ejus in alumnum romanae ecclesiae donaverunt , & charissimum in christo silium nostrum regem anglorum illustrem , bellum longo tempore perdurasset , tandem postquam fuit in venerabilem fratrem nostrum episcopum de sancto asaph , & collegas ipsius , de stando hinc inde eorum arbitrio super omnibus querelis , juramento a partibus praestito , concorditer , bonis viris mediantibus , compromissum . idem rex , non attendens , quod pendente illorum arbitrio , sibi super hoc aliquid attentare non licebat , in praedictum principem ex insperato hostiliter irruit , ad praestandum quod super praedictis , de quibus compromissum fuerat , & juratum , ac aliis ipsius regis , mandare per vim compulit , & metum , qui cadere poterat in constantem . cum igitur ea quae vi & metu fiant , carere debeant robore firmitatis , ( therefore king johns charter of resignation of his crown and kingdoms to pope innocent the d. * by force and fear , must be voyd by this his papal resolution ) discretioni vestrae per apostolica scripta mandamus , quatenus inquisita super hoc diligentius veritate , si rem inveneritis ita esse , authoritate nostra praedictum principem ab observatione sic extorti juramenti penitus * absolventes , sententia , si qua occasione hujusmodi in ejus personam , vel terram , ab aliquo forsan lata fuerit , jurta formam ecclesiae , sine difficultate qualibet , sicut justum fuerit , relaxetis . testes vero , &c. datum januae , septimo calend. augusti , pontificatus nostri anno secundo . hujus igitur authoritate muniti , vobis mandamus , quatenus in vigilia sanctae agnetis virginis , apud keyrus , in ecclesia gustefend , coram nobis compareatis , super contentis in autentico , dicto principi responsuri , si vobis videritis expedire . haec cum ad audientiam domini regis , & suorum magnatum pervenerunt , & cito post ad notitiam aliorum principum fama referente pervolarunt , indignati vehementer , et romanam avaritiam detestantes , ipsum regem non attendere hujusmodi mandata papalia tam injuriosa persuadebant , et ad hostile certamen animabant , ad reprimendam tam ingrati novam insolentiam , et ut ipsum david sine dilatione impeteret , accelerabant . ( so little did the king or his nobles value this popes most insolent bull , or his delegates illegal summons . ) quod cum cognovisset dominus papa , conniventer haec omnia dissimulabat : et conniventibus oculis dissimulando elabi permisit sub silentio , praemio tamen , quod acceperat ab ipso david , non restituto . the king hereupon , instantibus calendis julii , omnibus comitibus , baronibus , militibus , & aliis , qui ei servitium militare debebant , ut se convenienter in walliam profecturum sequerentur , per literas suas regias strictissime submonitis & convocatis , non valens , nec volens amplius subitos incursus & discursus wallensium aequanimiter tolerare , preparavit se , ut ad illorum terminos potenter expugnandos iter & vexilla dirigeret , milite stipatus copioso . then marching with his forces to gannok , they wasted wales with fire and sword : abbatiam de ordine cisterciensi , abercukunam nominatam , ( whose abbot was one of the popes delegates that summoned the king ) omnibus bonis , etiam calicibus & libris irreverenter depraedantes , officinas ejusdem combusserunt . and the english invading them on the one hand , and irish forces on the other , he destroyed these welsh rebels ( notwithstanding the popes absolution and protection ) exterminio irrestaurabili . hybernenses enim in adventu suo totam englesiam , quae est omnium wallensium quasi nutrix & refugium , vastaverant , & in recessu si quid residiuum infuerat , in ore gladii trucidarunt , & in favillam redigerunt ; ita quod omnia quasi incultam & vastam eremum sive solitudinem relicta visa sunt . the king wasted the other parts of wales in like manner , and prohibited any victuals to be brought from england or ireland to the welsh . wallenses igitur infoelicissimi , hyemali ingruente rigore , multiformi inedia , cum domiciliis & omni victualium genere distituti essent , nec in spem ullam melioris fortunae vel conditionis erigerentur , cum omnes terrae suae jacerent incultae , in semetipsis contabuerunt , fame , & frigore , & desperatione , tam mente quam corpore miserabiliter perituri languerunt . not long after , anno. . circa initium veris , quando solent promptius se accingere praeliaturi , ad belli necessaria , david princeps northwalliae , & nepos regis innumeras animi amaritudines , post terrae suae destructionem , variasque caedes , & famis inedias hominum suorum , quasi variis tribulationibus lacessitus , de hac valle morientium , ad vallem transiit mortuorum ; walliam perturbatam , & miserabiliter relinquens desolatam . in cujus loco wallenses filium griffini sibi in principem elegerunt . quod cum idem griffinus audisset , regem , qui eum in sinu misericordiae receptaverat , & jam per multum temporis honorifice aluerat & exaltaverat , relinquens , more leporino ad latibula wallensium , saltu confugit repentino . where i shall leave him . to return from the wars and proceedings against the welsh rebels excited by the popes bulls , i shall relate some differences between the king , deanes , chapters and others , arising about the elections and confirmations of bishops , wherein the king was very industrious to preserve ; and regain his ancient ecclipsed royal prerogative therein , as they were studious to entrench upon it . tempore autem dominicae nativitatis imminente , ( anno ) elegerunt canonici londinenses in episcopum & pastorem animarum suarum magistrum fulconem , decanum eboracensem , virum discretum & circumspectum , moribus compositum & genere praeclarum : contra tamen regis voluntatem , qui pro episcopo hertfordiensi , magistro scilicet petro de egueblanche , capitulum sancti pauli instantissime petierat , ut ipsum in episcopum postularent . magistrum quoque willielmum de sanctae mariae ecclesia , vitum laudabilem ipso eodem tempore , scilicet canonicum ejusdem ecclesiae & cancellarium in decanum unanimiter ordinarunt . but by reason of the kings opposition against fulco his election , he was not consecrated bishop till the year . after many tedious expensive contests between the monks of durham and king henry about the election of a new bishop , wherein the king prevailed ( as you * heard before ) there was likely to hapen a difference at this new bishops consecration about his subjection to the see of york , which he at last thus publikely made and subscribed . eodem anno , magister nicholaus de fernham , electus dunelmensis consecratus est in episcopum dunelmensem apud gloverniam , in ecclesia sancti oswaldi : quinto idus jun. ab archiepiscopo eboracensi waltero , praesentibus rege & regina , episcopis , abbatibus quamplurimis . et quia super professione sua mota fuit quaestio ab aliquibus volentibus dissidium ventilare , noluit idem nicholaus illicitam sibi usurpare libertatem , ut ad insolentiam prorumperet recalcitrando . talemque in propatulo suam solenniter in consecratione sua , coram cunctis praelatis & magnatibus , in praesentia sui metropolitani dicti archiepiscopi w. fecit professionem distincte & articulatim elevata voce , in hunc modum , prout moris est : ego nicholaus ecclesiae dunelmensis electus , profiteor eboracensi ecclesiae , tibique pater waltere archiepiscopo , & successoribus tuis canonice substituendis , canonicam subjectionem , reverentiam , & obedientiam , & hoc propria manu subscribo . et incontinenti coram omnibus subscripsit crucem in capite chartulae in causto , & tradidit archiepiscopo penes se in thesauro reservandam . this bishop falling sick of an incureable dropsy , is fabled to be miraculously cured of it , by drinking some of the hairs of st. edmund bishop of canterbury in water , which his barber shaved from him in his life time : after which , anno . sentiens se annosum , valitudinarium , & infirmum , malens relinquere divitias , quam a divitiis derelinqui , episcopatum suum dunelmensem , obtenta tali a domino papa licentia , resignavit . et datis ad hoc provisoribus , archiepiscopo eboracensi , & londinensi , & wigorniensi episcopis , assignata sunt ei tria maneria , videlicet de hovedia cum pertinentiis , stocton , & esingtuna . recedens igitur a dunelmo , accepta ibidem a fratribus licentia , ad alterutrum dictorum maneriorum mansurus perrexit , ut in pace ibidem sine querelarum vel causarum strepitu , exutus a sollicitudinibus mundanis , sibi jam expectanti donec ejus veniret immutatio , liberius vacaret orationi penitus intendendo . super hoc dominus rex certificatus , omnia residua non segniter haud invitus , in suam coepit custodiam et potestatem , ut ibidem uberrimos pecuniarum fructus , semper tamen jejunus & avidus , deglutiret . ad quae sibi amplexanda et congerenda , illico misit unum de clericis suis , thomam videlicet de newerca . anno . there fell out a great quarrel between the king , and the prior and covent of coventry and the bishop elected by them against the kings will , thus related by our historians . labentibus autem eorum dierum profluviis , obiit episcopus cestrensis , hugo de pateshulle , vij . idus decembris , vir viribus adhinc integer & aetate . qui cum toto aetatis suae tempore laudabilitet vixisset , demum iniquo fretus consilio , versus est in arcum pravum , malleusque factus religiosorum , praecipue eorum qui ipsum creaverunt , in morte sua parum plangi meruit , licet parum plus quam per unum annum in cathedra sedisset pontificali . quod cum audissent prior & monachi coventrenses , convocatis canonicis licthfieldensibus , elegerunt monachum & praecentorem suum gulihelmum de monte pessulano virum sanctum , & moribus , & scientia prope deum , coventrensis ecclesiae in episcopum & pastorem animarum suarum , pro electo suo habent & protegunt . sed dominus rex , sicut jam ei moris erat , alium malens in episcopatum promovere , statim se opposuit , neque electionem , neque electum acceptans . et stantibus cum eo , aliquibus de canonicis de lichefeldia contradicentibus , & abbatem de evesham richardum , qui tunc sigilli regii bajulus , vices supplevit cancellarii , pro quo rex supplicaverat , eligentibus : unde rex factus adversarius ecclesiae coventrensis , ipsum priorem & conventum in multis quibus potuit damnificavit . adversantibus itaque tam rege cum suis satellibus , quam quibusdam canonicis lichfieldensibus , domus coventrensis magnam induit confusionem & jacturam , adeo ut conventus dispergeretur , aliarum domuum subsidia petiturus . domus autem sancti albani , charitatis & honestatis intuitu , ipsum priorem cum aliquibus monachis suis , & famulis & equis liberaliter , per annum & aliquot menses adjectos , cum summo honore sinum pandens misericordiae , suscepit alendum . matthew westmister subjoynes . et lite ventilata , fiunt utrobique dispendia morosa & sumptuosa , viz. lib. the abbot by his own purse and the kings favour notwithstanding the insufficiency of his election , having obtained the popes favour for his confirmation . but he dying soon after , there grew a new contest about this bishoprick , anno dom. . thus related . et dum his mundus diebus volveretur , & secum mutabilis traheret mutabilia , electus coventrensis , videlicet willielmus , cognomento de monte pessulano , monachus & praecentor ecclesiae coventrensis , vir bonus & sine querela & ambitione , cum audisset quod magister willielmus de drouhedale lugubriter expirasset , qui suus fuerat diligentissimus advocatus in anglia , comperiensque quod dominus rex angliae promotionem suam non acceptasset , & magistrum laurentium , de quo superius mentio facta est , ipsi electo potenter sentiens & efficaciter adversantem , & constanter accusantem , comperiens quoque canonicos lichfeldenses ipsum inimicabiliter persequentes , considerans etiam quod domus sua conventrensis damnis & injuriis pro sua electione impetebatur , tactus dolore intrinseco inconsolabiliter doluit , quod electus unquam exstitisset . tot igitur lacessitus tribulationibus , papalem adiit praesentiam , & singultibus sermonem prorumpentibus , ait : pater sancte , impulsus undique , eversus sum , ut eadam . dominus rex angliae , cum suis consiliariis , meam graviter infestat innocentiam : non enim ut novit deus , hanc ipsius promerui persecutionem . et si consequenter hanc , ad quam eligor rite , dignitatem , unquam pace in anglia gratularer . omnia igitur in manus vestras resigno . ( a loyal practice of a bishop elect , who would rather give this usurping pope a power to dispose of this bishoprick then the king , the right patron thereof . ) absit a me ut amplius ecclesiae meae causa sim jacturae ac perturbationis . provideat paterna solicitudo vestra ipsi ecclesiae tam diu cura pastorali viduatae . cui cum vix dominus papa annuisset , recessit ipse , quasi gravi sarcina liberatus . quod videntes qui salutem animae domini regis in veritate sincero corde desiderabant , doluerunt periculum sibi et regno propter hoc et plura alia imminens , quia multus in causa fuit ; vehementer formidantes et timentes . quo cognito , diligentissime ( in new affront of the king and his prerogative ) procurante primo & praecipue episcopo lincolniensi , loco ipsius willielmi de monte pessulano praedicti ( qui jam jus suum ultro , ut dictum est , penitus resignaverat ) electus est & subrogatus in episcopum cestrensem sive coventrensem , magister rogerus de weseham , decanus ecclesiae lincolniensis , vir moribus & scientia eleganter insignitus , rege angliae irrequisito : ne et ipsam electionem cavillatoriis , ut sibi moris erat , exceptionibus impugnaret , et in laesionem animae et famae suae amplius impediret . episcopus igitur lincolniensis , suum in hac parte consequutus desiderium , ecclesiam de aillesberria , quam ex multo tempore desideraverat , a decanatu lincolniensi ( eo quod credebat decanum ex ejus ubertate cornua audaciae assumentem , contra episcopum lincolniensem recalcitrare ) radicitus sequestrare & abalienare , statim & incontinenti ipsam magistro roberto de marisco contulit , non sine magno & multo ecclesiae suae prae judicio , ut multis videbatur , & injuria , cum a tempore cujus non exstat memoria , decanatui lincolniensi semper dignoscitur adhaesisse . such was his episcopal usurpation and injustice both to the king and dean to advance his own jurisdiction thus related by mat. paris . anno . there arose a grand contest between the king , the archbishop of canterbury elect and other bishops , about their rejecting the bishop of chichester duly elected , and approved by the king , thus related by our historians . robertus passeleve , regis thesaurum jam multis marcarum millibus inopinabiliter adaugens , ejus gratiam mirabililer est adeptus . quod videntes canonici cicestrenses , ipsum esse idoneum & perutilem , quia prudentem & circumspectum , ad ecclesiae suae regimen censuerunt ; et sperantes deo placere & domino regi , nec non & regis gratiam & tutamen , & suae ecclesiae promotionem se proinde consequuturos , ipsum robertum passeleve in episcopum suum elegerunt . quod comperientes electus cantuariensis et episcopi angliae quamplurimi , indignati sunt valde . et spreto regis simul timore et amore , eundem robertum in nimis arduis quaestionibus per episcopum lincolniensem examinantes , electionem et electum reprobaverunt et cassaverunt . et magistrum richardum de * wiz loco ipsius statim , regio assensu irrequisito , subrogarunt . ( a very bold and almost unpresidented attempt ) the king being then at st. albans , supervenerunt rumores , qui tam aures quam cor regium perturbabant , scilicet de roberti passeleve clerici sui , qui corpus & animam regio famulatui exposuit , repentina cassatione , qui ad episcopatum cicestrensem electus fuerat , et alterius loco ipsius , videlicet magistri richardi de withz , sine assensu regio , subrogatione . dominus igitur rex , cui derogatum fuit , iratus valde , episcopatum caepit in manum suam , non permittens novum electum aliquem habere ingressum in eundem episcopatum vel dominium ; so mat. westmister expresseth it ; but matth. paris thus ; unde regis ira excanduit in electum & episcopos vehementer ; protinusque redditus dicti magistri richardi , idoneis ac dignis personis postquam electus fuit , sunt collati . magister enim martinus , domini papae clericus ad hoc constitutus , redditibus ejus vacantibus qui praesens fuerat , & promptus , inhiabat . quod cum audisset dominus rex , iratus vehementer , prohibuit ne novo electo , qui eo inconsulto electus fuit , in sui et regni enorme praejudicium , introitus in baroniam ecclesiae suae pertinentem , vel possessiones seculares , aliquatenus concederetur : moreover the king justly incensed by this affront , issued a mandate to the gardians of the bishoprick of chichester and sheriff of sussex , so strongly to guard the gates of the city day and night , that neither this new pretended intruded bishop , nor any of his should enter into it , as this record assures us . mandatum est b. de sabaudia custodi episcopatus cicestr . quod de die et de nocte , ita custodiri faciat januas civitatis cicestriae , quod nec richardus de wicio , qui se gerit episcopum cicestriae , nec aliquis suorum civitatem illam ingrediatur . teste rege apud wind. die aprilis . eodem modo mandatum est vicecomiti sussex . mat. westminster , superadds ; rex insuper concepit magnam indignationem adversus omnes qui haec procuraverant , praecipue adversus electum cantuariensem bonifacium , quem maxime redarguit ingratitudinis ; imponens ei , quod esset laesor regiae dignitatis ●● principio suae promotionis . et ab imo trahens rex suspiria , tacitus tandem ait , merito haec patior , quia impediens liberam electionem cantuar. ubi tot sancti praecesserunt , prorsus indignum ibi censui promovendum . cum haec agerentur , cantuariensis electus bonifacius , & wigorni●nsis & herefordensis episcopi , qui inter omnes alios angliae episcopos erant domino papae specialiores , et anglis suspectiores , ad voluntatem ejus perficiendam , etiam in detrimentum regni , quia ipse eos creavit , proniores , dominum papam propter quaedam , ( quae nesciebantur ab universitate ) secreta negotia subito adeuntes transfretarunt : ad votum facta dispositione in domo cantuariensi , tam de conventu , quam curiae familia , obedientiariis , & obedientiis , plus quam alicui antecessorum alii ejusdem memorati bonifacii unquam permissum exstiterat . asserebat etiam idem electus bonifacius , quod facta diligenti inquisitione , obligata fuit ecclesia sua cantuariensis ex parte archiepiscopatus , alieno aere plus quam quindecim millibus marcarum , et quasi irrestaurabilirer compedita . vnde naves ascensurus apud dover am in recessu suo , jussit nemora archiepiscopatus abscindi et vendi , et quasdam collectas et tallias , tam in clero , quam in populo , fieri graviores . et constituit quendam suum officialem natione pictaviensem , magistrum hugonem de mortimer , qui diligenter mandata sua exequebatur . quas quidem tallias multi factas effe dicebant ad quendam militem provincialem expugnandum . qui audito testamento comitis provinciae reimundi filiam ejus juniorem furto repentino ac nocturno surripere proponebat , &c. electus igitur cantuariensis bonifacius , a praedecessorum suorum vestigiis imprudenter & impudenter exorbitans , cum fratre suo philippo ball , eo quod avunculi fuerunt puell● supradictae , hinc negotio martio curam apposuerunt , anglieanae sumptuosum & damnosum ecclesiae , ad quae sustinenda diversa acquirendi pecuniam argumenta consingentes , thesauros thesauris cumularunt , militibus stipendariis , & aliis viris sanguinum distribuendo . asserebant itaque ut aliquo colore peccatum tegeretur , se hac pecunia necessario eguisse ad ecclesiae cantuariensis liberationem , quam ( ut dicebant , non sine magna injuria antecessorum sanctorum , ecclesiae eidem qui praeerant eamque irrepraehensibiliter rexerant ) aere alieno fere irrestaurabiliter praecedentes archiepiscopi obligaverant . impetravit electus bonifacius a domino papa inauditum privilegium , quod nunquam alii meminimus praeconcessum . similiter effrater ejus philippus in hoc negotio deditus armis , privilegium , non sine multae paecuniae effusione , scilicet ut liceret redditus , quos obtinuit in anglia , et episcopatus proventus valentini similiter , et quaedam majora , quae tunc sibi fuerant , profutura , tenere a curia romana impetravit . soon after the bishop of chichester , obtruded by boniface and his suffragans into that see , without any election at all , against the kings will and prohibition , departing privily out of engl. resorted to boniface and the pope for protection & consecration ; the like did the bp. of coventry secretly elected without the kings privity , for fear he should have hindred their consecrations . where the pope in despite and contempt of the king and his proctors appeal against them : these two bishops were consecrated by the pope himself , together with archbishop boniface their patron , as mat. paris and mat. west . thus commemorate . anni quoque sub illius curriculo consecratus est a domino papa lugduni in archiepiscopum cantuariensem bonifacius , natione provincialis , plus genere , quam scientia coruscus : plus armis martialibus , quam spiritualibus formidabilis , qui procurantibus rege angliae & regina nepte sua ad hanc promotus est , foeliciter utinam dignitatem . hujus frater philippus bal. electus valentiae , ipsis diebus ad archiepiscopatus lugdunensis promotus est possessionem : priore cedente ob causas post dicendas . qui tantam a domino papae meruit obtinere dispensationem , ut archiepiscopatus retenta cum suis commodis potestate , episcopatus valentini bal. proventus perciperet , uberrimorumque reddituum quos in anglia & flandria possederat , quod plus ut videbatur , ob quasdam causas seculares fiebat , quam spirituales , libere & licenter asportaret , & praeposituram brugensem obtineret . hic igitur elegans corpore , & armorum peritia praepollens , copios●sque redditibus saginatus , factus est quasi princeps papalis militiae , et cusros praepotens pacis in concilio lugdunensi celebrando . et idcirco potissime , quod generis claritate coruscabat . consecrati sunt etiam magister richardus de withz in episcopum cicestrensem , et magister rogerus de weseham , decanus lincolniensis in episcopum cestrensem , a domino papa lugduni , vixi moribus et scientia adornati . nec est omissum pro appellatione procuratoris regii constanter reclamantis , eo quod in horum promotione regius assensus non requirebatur . imo in facie dictum fuit ei , quod quia rex sibi concessa dignitate et privilegio abutebatur , indignum se reddidit hoc honore laecabundum . et sic regis et regni ipsius , regiis peccatis exigentibus , dignitas vacillabat . haec igitur postquam regi innotuetunt duorum episcopatus , scilicet cicestrensis et cestrensis , bona temporalia jussit infiscari . at last after much mediation , anno . dominus rex , precibus amicabilibus mitigatus , domino episcopo cicesirensi rogero ( eo quod esset vir benignissimus , & omnium haberet favorem ) baroniamsuam in pace benigne restituit . matthew westminster thus breifly relates the story of those bishops elections and consecrations by the pope , and kings proceedings against them . eodem quoque tempore gulihelmus de monte pessulano , electus coventren . nolens amplius injuriosos impetus , quos a rege diu sustinuerat , tolerare , jus suum in manus papae patienter resignavit . in cujus loco magister rogerius de weseham , theolgus , videlicet decanus lincoln . electus est episcopo lincoln . procurante , rege penitus irrequisito . vnde antequam plenam episcopatus sui posset obtinere possessionem , ●ulta sustinuit dispendia et pacis damnosam ( nec immerito ) dilationem . simili quoque modo , ipso eodem tempore irrequisito regio assensu , cassata electione roberti pessuleu , electus est in episcopum cicestren . magister richardus de withz , uude ne tanta regis injuria remaneret inulta , baronia ad episcopatum pertinente privari meruit , multo tempore , donec multiplicatis intercessionibus impetravit , tam ipse quam electus cestren . ut uterque ex regis gratia suae possessionis gauderet plenitudine . ( a pregnant evidence of the kings ecclesiastical prerogative over them and their bishopricks . ) eodem anno consecrati sunt lugduni , ubi ad huc dominus papa commorabatur , bonifacius de provincia in archiepiscop . cantuar. et magister richardus de withz , in epis . cicestren . et magister r. in episcopum cestren . a domino papa , non sine regni angliae magno damno ac periculo . papa enim sic episcopos attraxit , ut magis ei tenerentur obligati , et contempto rege , fierent in damnum reg. proniores . the true reason of these papal encroachments on the crown . the archbishop of armach in ireland committing two high contempes against , and usurpations upon the kings royal prerogative and priviledges , both in holding pleas of advousons and patronages in the ecclesiastical court , belonging only and immediately to the kings temporal court and dignity , and drawing them into an ecclesiastical judicature , and out of the realm , before the popes delegates , contrary to his duty and allegiance , in a suit between the prior of lanton and him ; the king thereupon issued this most memorable prohibition , to prohibit him to proceed therein , under pain of seising all his temporalties , since such proceedings tended to the utter prostration and overthrow of his crown and royal dignity , which he neither would nor could permit , nor any loyal subject desire . rex armachano archiepiscopo , salutem . non credebamus de vobis antequam haec res gesta faceret manifestum , quod aliqua impetrare velletis quae regiae dignitati generare possent praejudicium aut gravamen ; sed in contrarium res est versa , quod sine animi anxietate non possumus referre . ad praesens enim duo gravamina nobis intulistis , videlicet , a sede apostolica impetrando , ut extra terram nostram quae de terra nostra conveniatur , super terris et ecclesiarum advocationibus , quae quidem causae ad regiam dignitatem spectare noscuntur sive personis ecclesiasticis , sive laicis , super hiis injuria irrogetur . et etiam hoc contra dignitatem regiam vos non latuit impetrare , cum impetratio vestra de privilegio nostro faciat mentionem . cum igitur contra nos dupliciter delinqueritis in hac parte , tum quia causas ad dignitatem regiam immediate spectantes ad forum ecclesiasticum trahere volentes , tum quia contra privilegium nostrum , sic temere venientes , paternitati vestrae mandamus inhibentes , et firmiter injungentes ne super terris , aut ecclesiarum advocationibus extra terram nostram sive infra in foro ecclesiastico priorem de lanton , vel quemcunque alium in causam trahere praesumatis , sicut gaudere desideratis omnibus possessionibus vestris , quae de nobis tenetis : indubitanter enim scire potestis , quod hoc nullo modo poterimus sustinere ; praecipue cum sic coronam nostram prosternere et dignitatem nostram possitis penitus enervare , quod velle nullatenus deberetis si fidelitas sit in vobis . teste rege apud stanford , septimo die julii . the king in further pursuit hereof , to preserve this his antient inherent royal dignity , enjoyed time out of mind , and the popes special indulgence , issued forth this appeal , in nature of a prohibition , to the popes delegates in forreign parts , not to proceed in this cause between the prior of lanton and archbishop of armach , constituting a special proctor to prosecute this appeal by these letters patents . rex abbati de pontiniaco , decano & archid. antissiod . salutem . cum a sede apostolica nobis specialiter sit indultum , ne quis de regno nostro in for● ecclesiastico , extra regnum nostrum , per literas apostolicas trahatur in causam , et prior de lanton , extra glouc. super quibusdam non ad forum ecclesiasticum , sed mere ad dignitatem nostram spectantibus , sicut in regno nostro a tempore cujus non extat memoria est obtentum , conveniatur ab armachano archiepiscopo , coram vobis per literas domini papae , ne in causa illa procedatis , tum propter praedictum privilegium nostrum , tum propter ea quae ad dignitatem nostram spectare noscuntur , sedem apostolicam praesentibus appellamus . ad quam appellationem in praesentia vestra , si necesse fuerit innovandam , procuratorem nostrum constituimus willielmum de lanton clericum , praesentium portitorem . in cujus , &c. teste rege apud westmonasterium , vicesimo fexto die aprilis . after the long contests * formerly touched , and much money spent between the bishop , and the dean and canons of lincolne , at the court of rome , the pope by advise of his brethren gave sentence for the bishop , against the dean and canons , which he ratified with this dear purchased bull. eisdem vero temporibus , dum solis orbita circularis jam declinans versus tempus hyemale vicinaretur , episcopus lincolniensis robertus , quietis nescius , multis adversans , quam plurimisque ei adversantibus , ismaeli consimilis , post multos labores et pecuniarum inaestimabilium effusiones , hanc a domino papa , quem cum multis donariis respexerat , contra canonicos suos meruit impertrationem obtinere . innocentivs , &c. venerabili fratri episcopo lincolniensi , salutem & apostolicam benedictionem . inter caetera , quae nostrum animum qui universali regimini , quamvis immeriti , disponente domino praesidemus , insultibus impetunt successivis ; illud nos frequenti meditatione perurget , ut ecclesiae causarum agitatae non deficiant sub dispendiis quaestionum & litibus , quae propter concertationes & diffugia partium , videntur quodammodo immortales , finis debitus imponatur . cum igitur inter te ex parte una , & decanum & capitulum lincolniensem ex altera , super eorum & ecclesiarum praebendalium & ecclesiarum caeterarum de dignitatibus & communa , visitatione , & reformatione morum , ac correctione , tam decani , quam canonicorum , & clericorum chori , & etiam ministrorum , ac vicariorum , & capellanorum , & parochianorum dictarum omnium ecclesiarum , necnon reverentia & obedientia canonica tibi ab eis praestanda , & quibusdam aliis dignitatibus , & officium episcopale contingentibus , suborta fuisset materia quaestionis ; nos post diversas commissiones hinc iude ab apostolica sede ad judices diversos obtentas , & processus habitos per easdem ; causam ipsam , finem sibi cupientes imponi , ad examen nostrum duximus revocandam . cumque tu & procurator partis alterius in nostra essetis praesentia constituti , fuit ex parte tua propositum , quod cum ex diligentia pastoralis officii tenearis de jure communi capitulum lincolniensem , & omnes ecclesias praebendales de dignitatibus & communa visitare ; ac ea , secundum formam juris , quae ad visitationis spectant officium , adimplere ; cum tam capitulum quam ecclesiae tibi sint de jure communi subjectae , necnon excessus tam decani , quam canonicorum universorum , & singulorum clericorum de choro , & ministrorum eorundem , vicariorum etiam capellanorum & parochianorum praedictarum ecclesiarum corrigere , ac eorum mores , ne ipsorum sanguis de tuis manibus requiratur , reformare . causam etiam omnium praedictorum , cum ad invicem eos movere contingeret , vel ipsos contrarios tuae diocaesis , vel alii contra ipsos , sive sint civiles , sive criminales , examinare ac desidere , ad te , tanquam ad ordinarium , proprie pertineat , dum tamen ad ecclesiasticum forum spectent : decanus & capitulum se tibi super his contra justitiam opponebant , propter quod praemissa libere non poteras , prout officii tui cura exigit , adimplere . adjiciebas praeterea , quod tu cum sis caput lincolniensis ecclesiae , & a te , tanquam a capite , ante electionem decani lincolniensis celebrandam tuus de jure sit requirendus assensus ; ipst tua irrequisita licentia , se debere ad electionem decani procedere , asseverant : super quo tibi petebas justitiam exhiberi . dicebas praeterea , quod cum decanus in sui confirmatione , & canonici cum praebendae ipsis conferantur , jurare tibi de jure canonicam obedientiam teneantur ; iidem id hactenus indebite facere non curarunt . proponebas insuper , quod cum lege diocaesana decanatus , dignitatum , et praebendarum vacantium sequestratio ad te de jure pertineat ; praefati decanus & capitulum se tibi super hoc contra justitiam opponebant . quare petebas super praemissis jus tuum declarari , ac dijudicari tibi per diffinitivam sententiam , teque ad visitationis officium in capitulo lincolniensi , et ecclesiis praebendalibus de dignitatibus et communa , et ad correctionem excessuum , et morum reformationem omnium praedictorum , non obstante decani et canonieorum reclamatione , admitti debere , diffinitive pronunciari , ac imponi eis perpetuum silentium , nisi sedis apostolicae privilegio , vel alio jure speciali , tueri se possent super impedimentis et obstaculis supradictis . petebas etiam procurationem ratione visitationis cupituli debitam , & expensas faciendas in lite : ac ut ipsi quotiescunque te ad ecclesiam lincolniensem venire contigerit , contra te ecclesiae campanas pulsare faciant , & exhibeant reverentiam tanquam patri . quodque decanus aliquem canonicum ad jurandum ei canonicam obedientiam , nisi dignitas episcopalis & auctoritas excipiatur , de caetero non compellat : nec cogat canonicos jurare aliquas consuetudines , quae sunt contra canonicas sanctiones : neque statuta , quae sint contra canones , & auctoritatem & dignitatem episcopalem , ulterius in capitulo ipso non edat . petebas insuper , ut cum praebendarum & ecclesiarum de dignitatibus & communa visitatio , ad te de jure communi pertineat , quod decanus de caetero ab earum visitatione desistere per sententiam cogeretur . procurator vero partis alterius , litem contestando , respondit , narrata non esse vera , ut narrabantur : & petita fieri non debere . lite igitur super his legitime contestata , rationibus quoque ac allegationibus utriusque partis diligenter auditis : nos postquam fuit causae conclusum , deliberatione habita diligenti , de fratrum nostrorum consilio pronunciavimus , te ad visitationem tam decani et capituli , quam canonicorum clericorum chori , ac ministrorum , etiam capellanorum ecclesiarum et parochianorum ad omnes praedictas ecclesias pertinentium . et ad correctionem excessuum , ac morum reformationem libere admittendum . pro visitatione autem in cathedrali ecclesia facienda , procuratio a capitulo non praestetur . excessus tamen canonicorum cathedralis ecclesiae , qui consueverunt corrigi per capitulum , per ipsum , juxta ecclesiae consuetudinem hactenus pacifice observatam : ad commonitionem & jussionem tuam , successorumque tuorum , infra competentem terminum , eis praefigendum a te , vel eisdem successoribus , corrigantur . alioquin extunc tu , vel successores ipsi , deum omnipotentem prae oculis habentes , ipsos ut animarum cura requirit , per censuram ecclesiasticam corrigatis . mandamus etiam , ut praedicti canonic● tibi canonicam obedientiam & reverentiam exhibeant & observent . obligare se tamen ad hoc juramento , manuali praestatione , seu promissione , minime teneantur ; cum ad hoc consuetudine non juveris . in caeteris potitis , ab impetitione sua , praefatos decanum & capitulum absolventes . nulli ergo omnino hominum , lice at hanc paginam nostrae diffinitionis infringere , vel ausu temerario contraire . si quis autem hoc attentare praesumpserit ; indignationem omnipotentis dei , & beatorum petri & pauli apostolorum ejus , se noverit incursurum . datum lugduni , octavo calendas septembris , pontificatus nostri anno tertio . the king this year issued his writs to all the sheriffs of england , to enquire what landsany archbishops , bishops , abbots , and other religious persons , who were aliens , or any normans had in england , and to return the particulars of them , with their respective values . rex vicecomiti north. salutem . praecipimus tibi , quod sicut teipsum & omnia quae habes diligis , diligenter inquiras per sacramentum proborum & legalium hominum de com. tuo , quas terras & quae tenementa archiepiscopi , episcopi , abbates , priores , & alii viri religiosi transmarini teneant in balliva * : et omnes terras illas & tenementa per eosdem inquisitores extendi facias , quantum valeant terrae praedictae instauratae , omnimoda instaur . et quantum de instaur . et extentam illam distincte et aperte in scriptis redactam et inquisitione praedicta insertam sub sigillis eorundem inquisitorum nobis sine dilatione mittas , et hoc breve . diligenter etiam inquiras per sacramentum eorundem , qui comites vel barones , milites , viri religiosi , vel alii de regno nostro angliae , aliquas terras habeant de terris normannorum , vel alienigenarum in balliva tua , exceptis terris illis quae captae sunt in manum nostram per aliam inquisitionem quam de terris normannorum fieri fecisti per praeceptum nostrum , provisurus , quod praedicti archiepiscopi , episcopi , & viri religiosi transmarini , nec alii de regno nostro disseisientur , vel aliquod dampnum incurrant de hujusmodi terris vel rebus suis occasione harum inquisitionum , vel hujusmodi extentae , donec a nobis aliud habueris praeceptum . teste rege apud windesor , xxij . die martii . eodem modo scribitur omnibus vicecomitibus angliae . matthew paris gives us this account of the kings seising the lands of normans in england . circa dierum illorum curricula , rex francorum parisiis convocatos omnes ultramarinos , qui terras habuerunt in anglia , sic est affatus . quicunque in regno meo conversatur habens terras in anglia , cum nequeat quis competenter duobus dominis servire , vel penitus mihi , vel regi angliae inseparabiliter adhaereat . unde aliqui terras & redditus habentes in anglia , eas relinquentes , possessionibus , quas habebant in francia , adhaeserunt ; aliqui e converso . super quo certificatus rex angliae , omnes de regno franciae , praecipue normannos , jussit terris suis , quas in anglia habuerunt , disseisiri . unde regi francorum videbatur , quod rex anglorum , quia non in adoptionem eorum statuit conditionem terris hinc vel inde suis privandorum , ut ad alterutrum regum transmigrarent libere , sicut & ipse rex francorum fecerat , treugas initas inter eos confregisset . sed quia nimis corpore debilitatus post reditum suum de pictavia fuerat , noluit certamina suscitare , imo potius dissimulando pertransire , & impetuosas normannorum querelas , & insurgendi in regem anglorum proterviam & avidam voluntatem , reprimere satagebat . this record and passage of matthew paris , will very well explain the statute de praerogativa regis , an. e. . c. . and stamfords glosse thereon , placita coronae l. . c. . compared with bracton l. . c. . sect . , . and l. . de exceptionibus , c. . sect . . fol. . est etiam & alia exceptio quae tenenti competit ex persona petentis propter defectum nationis , quae dilatoria est & non perimit actionem , ut si quis alienigena qui fuerit ad fidem regis angliae , tali non respondeatur , saltem donec terrae fuerint communes , nec etiam sive rex ei concesserit placitare , quia sicut anglicus non auditur in placitando aliquem de terris & tenementis in francia , ita nec debet francigena & alienigena qui fuerit ad fidem regis franciae , audiri placitando in anglia ; sed tamen sunt aliqui francigenae in francia , qui sunt ad fidem utriusque , & semper fuerunt ante normanniam deperditam & post , & qui placitant hic & ibi , ea ratione qua sunt ad fidem utriusque , sicut fuit w. comes marr. & manens in anglia , & m. de feynes manens in francia , & alii plures . et ita tamen si contingat guerram moveri inter reges , remaneat personaliter quilibet eorum cum eo cui fecerit ligeantiam , & faciat servitium debitum ei cum quo non steterit in persona . and c. . sect . . item respondere poterit , quia particeps de quo dicitur nihil capere potest , quia est ad fidem regis franciae , & nihil capere poterit antequam fiat fides regi angliae , & cum terrae sint communes & concordes , & ideo non est necesse quae in brevi nominentur . the sheriff of cambridge and huntingdon seising the lands of the prior of st. neoth and others , by pretext of the kings writs ( the * year before ) to seise the lands of all prior aliens into the kings hands , the king upon the priors complaint issued this writ to the sheriff , to restore the possession of their lands unto them , and to shew by what warrant he seised them , and to hear his judgement . rex vicecom . cantabrig . & hunting . salutem . monstravit nobis prior de sancto neoth . quod tu occasione praecepti nostri , quod nuper tibi fecimus de terris abbatum & priorum , & aliorum virorum religiosorum de partibus transmarinis , cedentium vel decedentium in manum nostram capiendis , ipsum priorem de prioratu suo disseisivisti , in manum nostram caepisti . quod quidem ex dicto mandato nostro elicere non potuisti . et quia fines ejusdem mandati nostri excecisti , tibi praecipimus quod eidem priori de praedicto prioratu suo , cum omnibus pertinentiis suis , & omnibus aliis de partibus transmarinis , quos de terris suis contra formam praedicti mandati nostri in aliquo disseisivisti talem seisinam habere facias , qualem inde habuerunt ante susceptionem ejusdem mandati nostri . et si quid de bonis eorum ea occasione caepisti per pacem quam tecum fecerunt , vel alio modo , id eis sine dilatione reddi facias . et tu nihilominus sicut corpus tuum diligis , coram nobis in crastino claus . pascha , ubicunque tunc fuerimus in anglia , ad ostendendum , quo warranto ipsum prioratum caepisti in manum nostram , & terras quorundam aliorum , & ad audiendum inde judicium tuum . ei habeas ibi hoc breve . teste rege apud westmonasterium , undecimo die aprilis , anno regni nostri xxix . there being a parliament summoned at london this year by the king , and the bishops being likewise required by martin the popes agent to repair thither about an ayde to the king and pope , the king thereupon fearing some designs from scotland , commanded the bishop of durham , notwithstanding his former summons , to remain at home for defence of those parts , till further order , by this writ . rex n. dunelmensi episcopo , salutem . mandamus vobis rogantes , quod ne que occasione adventus b. cantuariensis electi , cui ob nostram reverentiam , & ejus honorem occurrisse proposuistis , neque occasione alicujus summonitionis nostrae seu quaestionis vobis hactenus factae , a partibus vestris vos versus partes transferatis australes , sed ad securitatem nostram & vestram , & ad tuitionem partium vestrarum , in eisdem propter quorundam insidias , de quibus ad vos rumor satis manifeste , ut credimus , pervenit , remaneatis , donec habitis cum fidelibus nostris tractatu pleniore & certitudine evidenti , aliud vobis duxerimus significandum . nos autem super omni summonitione & quaestione facta , vos interim conservabimus indempnes . teste regeapud westm . xxij . die aprilis . the * like writs upon the like occasion i find issued to the bishop of durham and others , claus . e. . m. . dorso , claus . e. . m. . dorso , claus . e. . pars . dors . . claus . e. . dors . . claus . r. . m. . dorso . the sheriff of buckingham distraining the tenants of the abby of westminster for hidage , and view of frankpledge , against the liberties granted them by the kings charters , as their supreme lord , the king thereupon issued this precept to the sheriff for preservation of their liberties . cum inter libertates quas rex concessit abbati & conventui westm . concesserit eis , quod quieti sint in omnibus comitatibus angliae , de hydagio , & visu f●ancipledgii : mandatum est vicecom . buck ▪ quod averia hominum suorum de cypham , de estburnham , de dilherst , & de brekewell , quae capit pro hydagio , & visu francipledgii deliberari faciat . de caetero ab eis non exigens vel exigi permittens hydagia , vel visum francipledgii , vel aliquid contra libertates eis a praedecessoribus regis concessas . teste , &c. the pope having granted authority to the bishop of hereford to give special dispensations to such of king henries meritorious clerks as he should recommend unto him from time to time , ( to receive more benefices then one , and exemption from residence on them ) specially recommended john mansel , and three more of his clerks to the bishop , to grant them the benefit of the popes indulgence , by this patent . rex venerabili in christo patri p. hereford . episcopo , salutem . de promotione clericorum nostrorum nobis fideliter obsequentium esse sollicitos nos oportet , & praecipue de ipsorum provisione , sollicitiores esse debemus , quorum obsequium nobis est magis gratum & acceptum , sua gratitudine mediante . cum igitur dominus papa vobis injunxerit , ut cum dilecto clerico nostro johanne mansel dispensetis , secundum formam vobis ab eo transmissam , cum a nobis fueritis requisiti , paternitatis vestrae dilectionem requirimus & rogamus attente , quatenus cum praefato clerico nostro juxta mandatum apostolicum misericorditer dispensetis , ut idem clericus noster qui multo majoribus quam ei possemus facere dignus esset , gratiam apostolicam ad instantiam nostram sibi sentiat fructuosam , nosque vobis pro laudabili exeeutione mandati praedicti gratias speciales impendere debeamus . teste rege apud westm. octavo die aprilis . eodem modo scribitur eidem episcopo , pro gwidone de russilum , pet. chaceport , & magistro henrico de secus . the freers minorites having petitioned the king that none of their order might be elected an archbishop or bishop in ireland for the future , nor that he should assent to such election , if casually elected without the consent and testimonial of the provincial and freers of that order , the king thereupon in pursuit thereof , issued this inhibition to all the chapters of that order , and chief justice of ireland . rex universis capitulis ecclesiarum cathedralium & ordinis fratrum minorum in hybernia , salutem . cum nonnulli boni viri de ordine fratrum minorum nobis supplicarunt , quod concederemus eisdem , quod nullus frater ordinis sui ad aliquam dignitatem archiepiscopatus sive episcopatus in hybernia eligatur de caetero , nec si aliquis eorundem fratrum forte sic eligatur , idem electus assensum praebere possit hujusmodi electioni sine consensu & testimonio ministri sui provincialis & fratrum ejusdem ordinis discretorum ; huic petitioni suae honestae duximus annuendum . vobis mandantes , et etiam firmiter inhibentes , ne fratrem aliquem ejusdem ordinis sic eligatis vel eligi permittatis , nisi in forma praedicta , pro certo scituri , quod electioni factae de aliquo hujusmodi fratre in archiepiscopum vel episcopum nullo modo assensum regium adhibebimus , nisi sub forma praedicta . teste , &c. et mandatum est m. filio geroldi justiciario hiberniae , quod hujusmodi electiones de fratribus ordinis praedicti fieri prohibeat . about this time there happened a great controversie between the freers predicants and minorites , wherein their pride , avarice , ambition , extortions as the popes instruments , and other vices are thus set out by each other , in their proper colours . et ne mundus turbinibus undique multiplicatis vacare videretur , inter fratres minores & praedicatores controversia eisdem temporibus ventilata , multos , eo quod viam perfectionis , videlicet paupertatis & patientiae , videbantur elegisse , movit in admirationem . asserentibus enim praedicatoribus se fuisse priores , & in hoc ipso digniores , habitu quoque honestiores , a praedicatione merito nomen & officium se sortiri , & apostolica dignitate verius insigniri : respondent minores , se arctiorem vitam & humiliorem pro deo elegisse , & idcirco digniorem , quia sanctiorem , & ab ordine praedicatorum ad ordinem eorum fratres posse , & licenter debere , quasi ab inferiori ad ordinem arctiorem & superiorem transmigrare . contradicunt eis in faciem praedicatores , asserentes , quod licet ipsi minores , nudi pede , & viriliter tunicati , cinctique funiculis incedant , non tamen eis esus carnium , etiam in publico , vel dieta propensior denegatur , quod fratribus est praedicatoribus interdictum : quapropter non licet ipsis praedicatoribus ad minorum ordinem , quasi arctiorem & digniorem , avolare , sed potius e converso . sic igitur , sicut inter templarios & hospitalarios in terra sancta , sic & inter illos humani generis inimico zizania seminante , ortum est discordiae enorme scandalum , & quia viri literati sunt & scholares , universali ecclesiae nimis periculosum , in indicium magni judicii prae foribus imminentis . et quod terribile est , & in triste praesagium , per trecentos annos , vel quadringentos , vel amplius , ordo monasticus tam festinanter non coepit praecipitium , sicut eorum ordo , quorum fratres jam vix transactis viginti quatuor annis , primas in an●lia construxere mansiones , quarum aedificia jam in regales consurgunt altitudines . hi jam sunt , qui in sumptuosis & diatim ampliatis aedificus , & celsis muralibus , thesauros exponunt impreciabiles , paupertatis limites , & basim suae professionis , juxta prophetiam hyldegardis alemanniae , impudenter transgredientes . morituris magnatibus , & divitibus , quos norunt pecuniis abundare , diligenter insistunt , non sine ordinariorum injuriis & jacturis , ut emolumentis inhient , confessiones extorquent , & occulta testamenta , se suumque ordinem solum commendantes , & omnibus aliis praeponentes . unde nullus sidelis , nisi praedicatorum & minorum regatur consiliis , jam credit salvari . in acquirendis privilegiis solliciti in curiis regum & potentum consiliarii , & cubicularii & thesaurarii , paranymphi , & nuptiarum praeloquutores , papalium extorsionum executores , in praedicationibus suis , vel adulatores , vel mordacissimi reprehensores , vel confessionum detectores , vel incauti redargutores . ordines quoque auctenticos , & a sanctis patribus constitutos , videlicet a sanctis benedicto & augustino , & eorum professores contemnentes ( prout in causa ecclesiae de scard●burc , in qua minores turpiter ceciderunt , patuit ) suum ordinem aliis praeponunt . rudes reputant simplices , & semilaicos vel potius rusticos , cistercienses monachos : nigros vero , superbos , & epicuros . soon after , * fratres , praecipue praedicatores , ordinis ignaros , a tramite disciplinae sancti benedicti , nimis impudenter exorbitasse deprehendebantur : whereupon , papalis severitatis moderamine corriguntur , & auctoritate literarum talium in viam meliorem diriguntur . pope innocents bull for their reformation you may read in matthew paris . the abbots , priors ; and other ecclesiastical persons of the diocesse and province of canterbury , being summoned to a convention at maydeneston in kent , to contribute an ayde to the pope or archbishop , when as they had not yet given any satisfaction to the king , as to the ayde the pope had by his letters granted him , from the universality of the clergy of england ; the king thereupon issued this memorable prohibition to them , not to grant any ayde at all to the pope , archbishop , or any other , without his royal assent thereto . rex abbatibus , prioribus , & omnibus aliis personis ecclesiasticis vocatis hac die veneris in septimana paschae usque maydenestan , salutem . cum dominus papa per literas suas nuper nobis concesserit , quod universitas totius cleri angliae , subsidium nobis conferat , in quo nondum nobis est satisfactum : et vos , sicut audivimus , authoritate domini cantuariensis archiepiscopi convenire debeatis super aurilio eidem archiepiscopo , sive domino papae praestando : vobis mandamus firmiter inhibentes , ne dicto archiepiscopo , seu domino papae , seu alii subsidium aliquod praeter assensum nostrum concedatis . teste rege apud windes . xix . die aprilis . there being an inquisition pending between the king , by papal authority , and the bishop of bath , the king by this patent constituted a special proctor therein , the businesse depending before two abbots , to whom it was referred . rex constituit magistrum r. de cantilupo , procuratorem regis in negotio inquisitionis , quod vertitur inter regem ex una parte , authoritate apostolica , & ba●hon . episcopum ex altera , ratum , &c. quicquid idem magister in dicto negotio inquisitionis mediante justitia duxerit faciendum . et diriguntur literae sancti edmundi , & de persor . abbatibus . teste rege apud wigorn. primo die augusti . a baptized jew turning an apostate , the king upon information thereof sent this special mandate to the sheriff of oxford , to apprehend and imprison him when he should be named to him , till the ordinary of the place should order what belonged to him . mandatum est vicecomiti oxon. quod quendam apostatum qui vitam judaeorum deseruit , & baptizatus fuit , & acolitus postmodum factus , & postea apostatavit , cujus nomen ei scire faciet frater robertus bacun , capi & in prisona oxon. detineri faciat , donec loci diocaesanus inde fecerit , quod ad se viderit pertinere . teste meipso apud waledon . quinto die aprilis , anno regni nostri xxix . per paulinum peyur . the pope sending a legate into ireland upon a particular occasion , the king thereupon granted a special writ to his chief justice , to admit him into ireland for that purpose , but not to execute any other authority there whatsoever , without his special license , without which he could not so much as enter into ireland . rex justiciario hyberniae , salutem . ad duo authoritate apostolica exercenda , magistro j. de frussyn , clerico & nuncio domini papae , concessimus licentiam in hyberniam transfretandi , viz. ad absolutionem impendendam hiis qui manus violentas in clericos injecerunt , & ad pecuniam colligendam in subsidium terrae sanctae . et ideo vobis mandamus , quod ipsum ad exercenda praemissa benigne admittentes ▪ a praelatis & aliis ad eadem permittatis admitti . non sustinentes , quamvis praelati sustinere vellent , quod aliam iurisdictionem exerceat , donec aliud a rege habuerit mandatum . teste , &c. the pope presuming by his usurped authority to ordain a bishop of elfin in ireland without the kings royal assent , the king , although it tended to the derogation of his royal prerogative , upon which account the archbishop of tuam refused to consecrate him ; yet notwithstanding because he had received a laudable testimony from the pope and others touching the person , out of his meer special grace was content to give his royal assent to his ordination and consecration ; and thereupon to restore the temporalties to him by this special patent , without which the popes provision had been ineffectual to him . rex m. filio geroldi justiciario hiberniae , salutem . sciatis , quod etsi per ordinationem factam a summo pontifice de j. quondam archid. elfin . in episcopum elfin . libertati regiae fuerit derogatum , eo quod praeter assensum nostrum constat esse factam : quia tamen de persona ejusdem j. testimonium laudabile perhibetur , sicut ex literis domini papae plenius audivimus , et m. tuamensis archiepiscopus munus consecrationis , sine assensu nostro ei noluerit impendere , ordinationi praedictae de gratia nostra regium assensum adhibuimus et favorem . et ideo vobis mandamus , quod de omnibus terris & tenementis , & regiis aliis ad praedictum episcopatum pertinentibus , & in manu nostra existentibus , eidem j. plenam seisinam habere faciatis . teste rege apud gannak in castris , quarto die septembris . the chief justice in ireland in a case of assise of novel disseisin between two irish bishops , refusing to give judgement against the defendant , till he received the kings direction therein , for fear of being excommunicated by the defendant bishop ▪ who threatned to excommunicate him ; the king thereupon checking him for his cowardice , commanded him to proceed to give judgement and damages in the cause , notwithstanding the threatned excommunication , and to attach and imprison those judges and others , who presumed against his expresse prohibition to hold plea of these lands in the bishops court , to the contempt , prejudice , and disinherison of his crown and dignity , and not to suffer from thenceforth any suits of this nature to be held in any ecclesiastical court , or to suffer any of his rights to be lost . rex justiciario hiberniae , salutem . auditis & plenius intellectis literis vestris quas super processu assisae novae disseisinae quam venerabilis pater cristinus imlicensis episcopus arramiavit versus alanum episcopum clon . de tenemento suo in k●lcomyr , nobis transmisistis ▪ ut inde voluntatem nostram vobis responderemus , non potuimus non mirari quod metu alicujus excommunicationis , vel al●a ratione super tam manifesta disseisina quam dictum clon . episcopum , fecisse ex confessionē sua liquet aperte , judicium proferre distulistis , & dicto clon . episcopo amerciato , & ad damna dicto imlicen . illata restituenda , condemnato secundum legem & consuetudinem terrae nostrae hiberniae , seisinam eidem imlicen . episcopo , de dicto tenemento rehabere non fecistis ; volentes igitur quod super disseisina praedicta suppleatur , quod minus actum est hucusque : vobis mandamus , quod non obstantibus minis dicti clon . vel cujusquam alterius de sententia excommunicationis in vos , vel in dictum imlicensem episcopum lata , vel in alium de ballivis nostris ferenda , ad judicium inde proferendum sine dilatione procedatis , dissesitorem praedictum amercientes secundum modum et qualitatem transgressionis ; disseisito seisinam restitui faciatis cum damnis suis ei inde adjudicatis . iudices vero qui spreta prohibitione nostra in foro ecclesiastico super dicto tenemento processerunt , et hoc in curia nostra recognoverunt , et dictum episcopum clon contra coronam nostram , placitum illud et dignitatem nostram prosequendo , capi , et in prisona nostra salvo custodiri faciatis , donec super tanto contemptu et tam enormi transgressione plenam et condignam nobis fecerint emendam . in casibus consimilibus cum evenerint , in fide qua nobis tenemini , eodem modo vos habentes , et processum observantes , ita quod de jure nostro nihil per defectum vestrum nobis depereat . . teste meipso apud windes . anno regni nostri xxix . king henry having the patronage of the priory of lewes by reason of a wardship , issued this memorable inhibition to the subprior and covent , not to permit any person whatsoever to present to any church belongining to the priory which was or should be voyd , during the vacancy of the priory , upon pain to forfeit all they had ▪ rex subpriori & conventui de lewes , salutem . quia ex certa relatione fide dignorum intellexerimus , quod existente domo vestra sine priore sicut nunc est w. quondam com. warren . fuit in possessione praesentandi ad ecclesias , de patronatu vestro , quas in hujusmodi vacationibus vacare contingebat , & idem jus modo residet penes nos ratione custodiae haeredis praefati com. in manu nostra , existenti . vobis firmiter inhibemus , quod sicut omnia bona ve●●●a quae in vestra tenetis potestate diligitis , ad ecclesias , qu● vacaverint postquam fuistis acephali , vel quas vacare continget , ad instantiam cujuscunque nullatenus praesentare praesumatis . teste rege apud gudeford ▪ die januarii . the archbishops and bishops of the realm in this age , could not make their last wills and testaments , nor devise any of the corne sowen , or stocke or goods on their bishoprickes , nor their moveable or immoveable goods , without the kings special patent , grant and license , authorizing them to do it , and ratifying their wills , against himself , his heirs and successors , as these two memorable patents intimate . the first of them to the archbishop of york . rex omnibus , &c. salutem . sciatis quod concessimus . w. eborum archiepiscopo , quod quandocunque voluerit , libere & licenter condere possit testamentum suum , & pro voluntate sua ordinare , tam de bladis seminatis in terris episcopatus sui & ecclesiae suae , quam de omnibus aliis mobilibus suis ; & similiter immobilibus personam suam ratione ecclesiae suae , seu ratione sui ipsius contingentibus . ita quod si de eo humanitus contingat , quod nollemus , executores testamenti sui liberam habeant administrationem omnium praedictorum ad executionem testamenti sui faciendam prout inde ordinaverit , sine impedimento nostri & haeredum nostrorum & ballivorum nostrorum . in cujus , &c. teste rege apud woodstock ▪ die maii. the second is to the bishop of karlisle . rex omnibus , &c. salutem . sciatis quod testamentum quod w. karl . episcopus condidit , vel conditurus est quocunque tempore , & quacunque hora tam de bladis in terra , quam de wardis & firmis , & omnibus suis mobilibus , pro nobis & haeredibus nostris gratum habemus & acceptum , & illud concedimus & confirmamus : prohibentes ne aliquis ballivus , noster vel haeredum nostrorum , quae idem episcopus reliquerit ad executionem testamenti sui faciendam , manum mittat , vel in aliquo se inde intromittat , vel aliquo modo testamentum illud impediat , quia tam testamentum suum , quam executores testamenti sui cepimus in protectionem & defensionem nostram , & haeredum nostrorum . in cujus , &c. teste rege apud windes . . die julii . pope innocent the . was one of the first popes who presumed to summon a general council by his own papal authority , without and against the emperor , and that purposely out of malice to excommunicate and depose him , against all laws of god and man , for which end he sent abrode his nuncio's and letters as to other kings and prelates , so particularly to the king of england , and all archbishops bishops and other prelates , to summon them to a general councel to be held by him at lyons in france . anno eodem circa medium quadragesimae , venerunt nuntij domini papae in angliam de convocando concilio generali , tale mandatum papale bajulantes : innocentius episcopus , servus servorum dei , dilectis filiis , abbatibus & prioribus per angliam constitutis ▪ salutem & apostolicam benedictionem . dei virtus , & dei sapientia , cujus ineffabili subjecta sunt omnia majestati , a fundationis initio splendore virtutum suam illustravit ecclesiam . et sic insignem , reddidit singularis privilegio potestatis , ut per ejus ministerium suum justitia consequatur effectum , & sedato bellorum turbine , mundo possit tranquillitas provenire . hujusmodi enim praeeminentiam dignitatis dum nos reverenter attendimus , quiregimini generalis ecclesiae , licet immeriti , divina providentia praesidemus , reddimur corde solliciti , quod tempestatis horror qua ipsa turbatur ecclesia , et religio ▪ christiana con●utitur , per nostrae provisionis auxilium caelesti pietate propitia propulsetur . hinc est , quod nos ▪ ut ipsa ecclesia perfidelium salubre ▪ consilium & auxilium fructuosum , status debiti possit habere decorem , ac deplorando terrae sanctae discrimini , & afflicto romano imperio propere valeat subveniri , ac invenire remedium contra tartaros , & alios contemptores fidei , ac persecutores populi christiani : nec non pro negotio quod inter ecclesiam et principem vertitur , reges torrae , praelatos ecclesiarum , & alios mundi principes duximus advocandos . rogamus etiam devotionem ▪ vestram & hortamur attente , per apostolica vobis scripta praecipiendo mandantes , quatenus ad praesentiam nostram , omni prorsus occasione postposita , usque ad proximum festum sancti ▪ johannis baptistae , personal●●er venire curetis ; ut ipsa ecclesia ex vestra ▪ visitationis honore ▪ spirituale gaudium ▪ & ex nostra industria consilium percipiat prosuturum . scituri , quod nos dictum ▪ principem in praedicatione nostra citavimus , ut per se , vel per suos nuntios in concilio celebrando compareat , responsurus nobis , et aliis , qui aliquid contra ipsum durerint proponendum , et satisfactionem idoneam praestiturus . de personarum autem & evectionum moderato numero , illam cum veniritis providentiam habeatis , quod vestris ecclesiis nimis non sitis onerosi . datum lugduni , tertio calend. februari● , pontificatus nostri anno secundo . eisdemque diebus dominus rex enormiter , ut sibi suisque videbatur , pa●●us injuriam , eo quod plures jam episcopi sine suo assensu creabantur , super hoc conquesturus , et pro suo jure ab antiquis temporibus obtento et approbato , allegaturus ad curiam romanam magistrum laurentium de sancto martino , clericum suum , virum circumspectum , et iurisperitum suum , destinavit procuratorem ; similiter etiam pro aliis arduis negotiis regem et regnum contingentibus prudenter ac fideliter cum diligentia expediendis . maxime tamen pro negotio roberti passelevae electi cicestrensis , tam praecipitanter , inconsulto tam rege quam capitulo cicestrensi , in medio regni sui eassati , et per electum cantuariensem bonifacium , quem noviter , non sine multorum murmure & contradictione in regnum suum vocaverat , & ad tantam promoverat digni atem , depulsi . promeruisset utique dominus rex non minimum in causa favorem . sed quia multos viros idoneos , & praecipue religiosos , quos potius promovere & tueri , sicut quondam sancti reges fecerunt , teneretur , excogitatis argumentis , et frivolis exceptionibus , falsis , ac potius malitiosis , toties repulit , et cum rite eligerentur , in ignominiosam confusionem praeciptavit , merito procuratum est tanti mali remedium . vt scilicet eo , qui tot mala machinabatur , ignorante vel etiam contra dicente ecclesiis viduatis provideatur , quibus viri idonei , ne grex dominicus detrimentum patiatur , maturius praeponantur , quod videtur consonum rationi . sed de regni potius quam de regis perturbationius , et ●uinis anglorum nobiles doluerunt . cum autem haec ad concilium generalis convocatio , ad audientiam praelatorum pervenisset , multi ad iter praeparantur arripiendum . aliqui tamen regiis negotiis intendentes , aliqui valetudinarii , & senes , se per regem , vel competentes procuratores excusarunt . regi etiam , qui pro aliquibus humiliter domino papae supplicaverat , papa favorabiliter sic rescripsit . innocentius episcopus , &c. charissimo in christo filio , regi anglorum illustri , salutem & apostolicam benedictionem . erga personam tuam , tanquam filii & devoti apostolicae sedis , specialis paternum gerentes dilectionis affectum , precibus tuis , quantum cum deo possumus , libenter attentum accommodamus auditum , & benignum impertimur assensum . sane per dilectum magistrum laurentium , nuncium tuum aepud sedem apostolicam constitutum , & per literas regias , a nobis humiliter postulasti , ut cum instanti aestate proponens ad perfidiam quorundam tuorum rebellium conterendam , exercitu congregato dirigere gressus tuos , venerabilem fratrem nostrum carleolensem episcopum , & ailectum filium abbatem westmonasteriensem , custodiae regni tui , quamdiu in expeditione permanseris , providè deputaris , ipsos & venerabiles fratrem nostrum episcopum landavensem , omnibus bonis episcopatus sui , per inimicos regios denudatum , & dilectos filios sancti edmundi , morbo podagrico laborantem , ac de wautham senio confractum & confectum , abbates , ne ad concilium veniant , quod in instanti festo nativitatis beati johannis baptistae , deo dante , celebrabimus , haberemus benigne ac misericorditer excusatos . nos itaque celsitudinis regiae regnique tui propensius affectantes commodum & quietem , & tibi , ac pro te tuis , quantum pro deo fieri potest , exhibere parati , gratiam & favorem devotioni tuae praesentium authoritate concedimus benignitate postulata : sublimitatem tuam hortantes attente , ut moleste non feras , quod petitionem tuam pro venerabili fratre nostro eboracensi archiepiscopo , in literis regiis praedictis expressam , & per memoratum magistrum ex parte tua insuper nobis inculcatam , super excusatione consimili , non duximus admittendam . quia cum ipse sit honorabile ecclesiae dei membrum , ejus praesentiam praefato concilio credimus opportunam . datum lugduni , x. calend. junii , pontificatus nostri anno secundo . similiter quidam alii angliae praelati , tam abbates quam episcopi , diversis causis expressis praepediti , & sese rationabiliter excusantes , quia valetudinarii , vel senes , vel infirmi , ( utpote episcopus eliensis , & abbas sancti albani , & quidam alii ) per procuratores suos , per quos dominum papam & cardinales , sic volentes , salutarunt , & preciosis muneribus respexerunt , licenter remanserunt . abbas autem de burgo , vir sine querela , qui specialius aliis super hoc mandatum papale suscepit , & non sine molestia ad curiam romanam cum pervenisset , per magistrum martinum papae clericum , in anglia commorantem , graviter accusatus est , pro eo quod quandam ecclesiam , quam cuidam viro idoneo contulerat , ad opus cujusdam consanguinei domini papae , ipsi magistro martino noluit , sicut nec debuit , conferre : ( procuring a prohibition from the king , forecited . ) unde dictus abbas cum in curia papali apparuisset , ipsum dominus papa , vel per papam , papales , probose objurgatum , a palatio suo jussit ejici , tam turpiter et irreverenter , quod nunquam postea plenam admittens consolationem , contristatus , in incurabilem praecipitatus est infirmitatem . unde eodem anno , * post multas indignas vexationes , tribulationes , & infirmitatem , quam in jura romana ob id initiaverat , in magnum ecclesiae suae damnum , jacturam & perturbationem , quam prudenter rexerat , viam universae carnis est ingressus . such was the tyranny of this peremptory , usurping , antichristian pope , trampling the persons , priviledges , crowns , rights of all christian emperors , kings , princes , prelates , abbots , nobles , kingdoms under his papal feet , and more particularly those who had either any courage or conscience to withstand his injurious usurpations , as this abbot did at first . per idem quoque tempus , dominus rex sano fretus consilio , ex quo certificabatur de concilio generali in proximo lugduni celebrando , nuncios solennes ad concilium destinavit videlicet comitem , rogerum bigod , johaennem filium galfridi , gulihelmum de cantilupo , philippum basset , radulphum filium nicholai , milites , & gulihelmum de powic , clericum , ut domino papae et toti concilio gravamina exponerent , quae regno angliae in multis a romana curia diatim inferuntur : praecipue de tributo in guerrae tempore extorto , cui contradictum fuit , et aperte per stephanum archiepiscopum cantuar. reclamatum . which matthew paris thus more largely expresseth ; tunc vero , licet sero , dominus rex anglorum , aliquantulum conversus ad se , coepit detestari romanae curiae insatiabilem cupiditatem , et totius regni , imo etiam et ecclesiae per eam factas injuriosas occupationes , illicitasque rapinas . composita igitur per regni universitatem eleganti epistdla , in qua extorsiones papales nimis execrabiles , et exactiones multiformes legatorum ejus , et quorundam clericorum potestate inaudita fungentium , continebantur , ut sequens sermo declarabit . cum qua viri nobiles ac discreti ad concilium destinantur , gravem super his , et praecipue super exactione tributi , in quod nunquam consensit regni universitas , coram concilio querimoniam reposituri , et talium relevamen onerum importabilium regno angliae misericorditer impendi , rogaturi : ( which as the affaires of england then stood they ●ould hardly redresse themselves , till this general complaint and petition first made against them in this general council . ) electi sunt igitur , et ad hoc , nomine totius universitatis regni angliae ad concilium lugdunense missi , comes rogerus bigod , johannes filius galfridi , willielmus de cantelupo , philippus basset , radulphus filius nicholai , & magister willielmus de poweric , clericus . i find in the clause rolls of h. . this letter sent by the king to the pope , reciting his sending of these solemn nuncioes to this general council , according to his command , who were then in their journey to his court , from whence they should hasten to his holy paternity with all possible expedition ; earnestly requesting him , that if before their arrival any thing should happen to be handled or mentioned in this council concerning his affaires , or the state of the kingdom , that it might be suspended till they presented themselves before him . domino papae rex , salutem , & debitam tanto patri reverentiam & honorem . cum sollempnes nuncii nostri quos ad concilium per vos in proximo celebrandum , sicut nobis mandastis , duximus destinandos , in procinctu sint itineris veniendi ad curiam , & quam cito poterunt illuc venire festinant , sanctam paternitatem vestram rogamus cum effectu , quatenus si ante adventum eorundem nunciorum nostrorum in dicto concilio contingat , aliquid tractari seu mentionem fieri de negotiis nostrum , & regni nostri statum contingentibus , ea si placet teneri faciatis in suspenso quousque commode se possint vestro conspectui praesentare . teste rege apud westmonasterium , viij . die junii . he likewise directed another letter by them to the emperor , entred in the same roll , reciting , that he had sent embassadors to this council , of the noblest and discretest men of his realm , who should use their uttermost endeavours to effect a laudable and desired peace between him and the pope , to his honour ; desiring him when they came to his excellencies presence , to grant them a favourable reception and audience , that so by his desire they might procure a convenient encrease of his imperial honour . domino imperatori rex , salutem . ille novit qui nihil ignorat , & imperialem excellentiam non credimus ignorare , quod honorem vestrum totis visceribus affectamus , ad quod fraternae dilectionis affectio nos excitat jugiter & inducit . sane laborem animi nostri quo diutius laboravit altissimus sui gratia consummabit ; sicut enim ex voluntate vestra novimus processisse , ad concilium lugduni convocatum nuncios mittimus sollempnes , de nobilioribus & discretioribus regni nostri , qui ad honorem vestrum super pacis reformatione , per dei gratiam laudabiliter laborabunt & effectum consequentur optatum ; vestram igitur excellentiam exoramus , quatenus praefatos nuncios nostros ad vestram praesentiam accedentes commendatos habere velitis , & eis benignam audientiam exhibere , qui utinam vestro desiderio conveniens honoris imperialis augmentum procurent . the king did then likewise by his letters patents constitute three of these embassadors , together with two others his proctors general in that council , to propose , impetrate and contradict on his behalf , whatever they should deem expedient , and ratifying whatever they should do according to justice . domino papae rex , salutem . cum dilectos & fideles nostros nobiles viros willielmum de cantilupo , johannem filium galfriái , radulphum filium nicholai , ad vestram praesentiam destinemus , ipsos una cum barthol . pecche , & magistro laurentio de saencto martino , procuratores nostros constituimus , ad proponendum pro nobis quae viderint proponenda , & ad impetrandum quae viderint impetranda , & ad contradicendum quae viderint contradicenda , ratum habituri & gratum quicquid iidem in hac parte mediante justitia duxerint faciend . teste ut supra . he then likewise granted special power to one of them by this patent , to give his royal assent to the translation of any bishop , which by the advice of the pope , his cardinals , and his own embassadors sent to this council , should happen to be translated , for the benefit of the realm ; without whose assent neither the pope , cardinals , nor council could translate any of his bishops . omnibus , &c. rex , salutem . ad universitatis vestrae notitiam volumus pervenire , nos magistro laurentio de sancto martino , potestatem nostram dedisse , ut si forsitan de concilio domini papae , & cardinalium , & nunciorum nostrorum processerit in instanti concilio , aliquem episcopum pro utilitate regni nostri debere transferri , praefatus magister l. ad translationem illam faciendam possit assensum regium adhibere . teste meipso apud west monasterium , decimo die junij , anno regni nostri xxix . the pope having called this general council at lyons , and given the king of england notice thereof , as aforesaid , he thereupon issued this memorable patent and writ to all the archbishops , bishops , and other prelates of england , ireland , and gascoign , which should repair to that council by the popes summons , and his royal license , that as they were obliged by their respective oathes of fealty to be faithfull to him in all things belonging to his royal crown and dignity , so they should use their utmost diligence and endeavours in this council , both to acquire , conserve and defend the rights of his crown and kingdom , and not do any thing therein against him , or those rights which his predecessors and he by antient and approved custome had used , nor give their assent to any one that should attempt to procure or ordain any thing against the same , under pain of violating their oathes , and forfeiting all the temporalties they held of him . and so to demean themselves therein , that he might rather commend and render them special thanks for their benefit and virtue , then reprehend or reprove them for ingratitude , in due time . rex archiepiscopis , episcopis , & omnibus aliis praelatis terrae suae angliae , conventuris ad concilium lugd. salutem . vinculo juramenti nobis estis , at nostis , astricti , quo nobis in omnibus ad regiam dignitatem spectuntibus et coronam , omnem quam poteritis fidelitatem observare debetis . quapropter vobis mandamus , in fide et fidelitate quibus nobis tenemini firmiter injungentes , quatenus tam ad adquisitionem , quam conservationem , necnon et defensionem iurium nostrorum , et regni nostri , omnem quam poteritis diligentiam adhibere curetis . et ne in praejudicium nostri , vel ejusdem regni in concilio lugd. et ne etiam contra nos vel jura nosira , quibus praedecessores nostri et nos ex antiqua et approbata consuetudine usi sumus , procurare vel attemptare aliqua praesumatis , nec etiam alicui hujusmodi procurare vel statuere volenti assensum praebeatis , sub vinculo juramenti memorati et poena amissionis temporalium quae de nobis tenetis , vobis firmiter inhibemus . sic igitur vos in hac parte geratis , quod de beneficio vestro et virtute gratitudinis , vos debeamus potius specialiter commendare , quam de contrariis a vobis attemptatis , quod absit vestram ingratitudinem increpare et ultionem debitam , nobis opportuno tempore reservare . teste , &c. eodem modo scribitur archiepiscopis , episcopis , & omnibus aliis praelatis , &c. ut supra , de hybernia & wasconia . the king by former experiments having * just grounds to suspect they would rather comply with the pope against their oathes , then with him , to the betraying of the rights of his crown and realm to his papal usurpations , which god by his extraordinary providence thus prevented in a great measure . diebus vero rogationum , in triste praesagium , apud lugdunum quaedam domini papae camera , quae conclave , id est , guarda roba dicitur , cum omnibus quae in ipsa continebantur , combusta est , asserentibus nonnullis sinistrè interpretantibus , quod gratis accensa est , ut sic occasionem dominus papa acciperet pecuniam petendi et extorquendi a praelatis ad concilium venire properantibus . sed cum incendium plus quam credebatur desaeviret , combusta sunt etiam quaedam quae habebantur chariora . et fuit multorum assertio , * quod detestabilis illa charta , quae de tributo angliae , annis singulis ▪ ecclesiae romanae solvendo , sub stebilis memoriae rege johanne , confecta fuerat , eodem incendio in cinerem ibidem est redacta . cum autem dominus ▪ papa graviter conquereretur suis familiaribus , & quibusdam magnis praelatis , maximè cluniacensi & cisterciensi abbatibus , ut sic cito in propatulo talis ventilaretur querimonia , quod videlicet aere alieno ecclesia romana fere irrestaurabiliter obligata praegravaretur . et hac nacta occasione , intelligi daret , se maximè auxilio indiguisse pecuniari , unde ab ipsis tanquam à filiis charissimis & specialibus , subsidium pecuniare instanter postulavit . venerunt ad eum praelati multi , in saeculo abundantes , & amplioribus possessionibus inhiantes , gratiam papalem , utpote paternam desiderantes ; labores , & pericula sua deplorantes : sed quod imperiales laqueos evasisset , & ad filios sibi devotos appropinquasset , alacriter eidem congratulantes , suae obtulerunt paternitati munera in equis , vasis , vestibus , auro , argento , & omni supellectili preciosa & desiderabili , inaestimabilia . ex quibus abbas cluniacensis non ultimus esse desiderans ▪ ne de●es haberetur , impetrata licentia ac potestate cellas suas depauperandi , ut papam ditaret : suam ecclesiam depauperans , & suis prioratibus praegravatis & spoliatis , tantam pecuniae quantitatem praesentavit , quod audientibus admirationem magnam non immeritò generavit : multa munera multaque xenia in equis desiderabilibus & pretiosè phaleratis papae contulit , quorum etiam aliqui pecunia erant onerati . unde in lingonensis episcopatus dignitatem , a domino papa meruit sublimari . imo intelleximus ex relatu prioris de westacre , qui est monachus cluniacensis , quod dominus abbas cluniacensis praedictus , dederit domino papae tunc incontinenti , quater viginti elegantissimos palefridos decentissime phaleratos ; & cuilibet cardinalium unum palefridum optimum , & unum summarium electissimum : & erant cardinales circiter duodecim . papa autem , malens quod ipse abbas suus foret stabularius , quam aliquis alter , praecepit abbati , equos sibi datos ad suum opus benè custodire . contulit quoque dictus abbas domino papae in pecunia numerata , & vasis pretiosis , thesaurum non minimae quantitatis . quo exemplificatus , similiter & abbas cisterciensis , non minora , ne secundus haberetur , munera , filiali provocatus devotione , patri suo domino papae afflicto , & indigenti asseritur obtulisse . archiepiscopus vero rothomagensis , qui se suamque ecclesiam non levibus ob hoc debitis irretivit , ipsi domino papae , ne quasi ultimus redargueretur , complacere cupiens , papales thesauros non mediocriter adaugendo cumulavit . quod audiens abbas sancti dionysii , archiepiscopalem adoptans & ambiens dignitatem , emunctis ac extortis ab ecclesia sua multis librarum millibus , domino papae charitativè conferendis , in * rothomagensem sublimari meruit archipraesulatum ; hoc efficaciter praedecessore suo , jam cardinali , procurante . hoc autem cum audiret rex francorum , singularis & specialis ecclesiae sancti dionysii oeconomus & patronus , coegit dictum abbatem , quem ambitionis redarguit , memoratam pecuniam aliunde mendicare . et sic uterque , videlicet tam abbas , quam archiepiscopus , post se foeda relinquentes vestigia , ut ad status desiderabiliores convolarent , suas , quas regendas susceperunt , ecclesias depauperantes , per multorum regnorum spacium scandala generarunt . matthew w●stwinster addes ; archiepiscopus autem rothomag . p. & abbas sancti dionysii , natione anglus , cum haec audissent , volentes priores datores superare , tantam in moneta numerata pecuniam thesauro papali addiderunt , ut haec scientibus , quantitas & numerus stuporem non immerito generaret . unde archiepiscopus suam relinquens ecclesiam , irrestaurabiliter pecunia spoliatam , in cardinalem multo domino papae specialem , meruit sublimari ; abbas autem sancti dionysii in archiepiscopum rothomag . simili conditione pomposius infulari : abbas vero cluniacensis in episcopum lingonensem , quod multum desideraverat , ut unus esset ex paribus franciae , incathedrari . cito etiam post , archiepiscopus lugdunensis , vir sine querela , & pacificus , & jam vergens in aetatem senilem & valetudinariam , nolens aliquatenus , ut papam saginaret , suam ecclesiam destruere , imo potius dolens , quod papa totam christianitatem & universalem ecclesiam turbaturus , illuc adventasset , & suum archiepiscopatum onerasset sua praesentia , & ad concilium praelatorum universalium advenientium , omnia in manus domini papae spontè resignavit . cujus loco , papa procurante , vir bellicosus , & secularibus negotiis aptior quam spiritualibus , subrogatus est , philippus de sabandia , frater archiepiscopi cantuar. bonifacii , ut sic papa tantis viris & tam generosis suam partem cautius roboraret , & genus eorum romana curiae astutius confederaret ; * curam animarum non sine multorum justorum oblocutione postponendo . electus igitur lugdunensis , philippus memoratus , ex papali indulgentia opimos redditus , quos in anglia habuit & multis aliis locis , licenter retinens , ut fortius & efficacius papalibus intenderet & secularibus negotiis , suam diu distulit consecrationem , nec officium episcopale curabat exercere . similiter & frater ejus , cantuar. archiepiscopus bonifacius , suae immemor ecclesiae , nec recolens sanctitatis suorum in ecclesia cantuar. praedecessorum , quasinauta navem , curam omisit pastoralem ; & se per multum tempus in partibus lugdunensibus , multum a cantuar. distantibus commorans , absentavit . vnde ecclesia anglicana , quae per ipsum speraverat respirasse , pro consolatione induit confusionem et desolationem . alii quoque praelati , singulis diebus ad curiam papalem adventantes , munera impreciabilia , quae stuporem intuentibus merito possent generare , festinanter ac certatim romano pontifici obtulerunt . ita ut videretur multis , & ab eisdem palam affirmaretur , quod dominus papa propter hoc lugdunum gratanter venisset potius , quam à facie alicujus aufugisset . quibus omnibus dominus papa sinum , ne contemptus & elatio videretur , acceptationis aperuit : asserendo se multo pluribus indigere , honestas praeferens suae indigentiae jugiter excusationes , cum secundum , nescitur si vera , ejus assertionem , romana ecclesia occultis de causis , plus quam in centum & quinquaginta millibus librarum approbatae monetae exceptis usuris , quae serè ad numerum sortis ascendebant , teneretur obligata . eodem tempore , cum vellet dominus papa ( for his kind reception at lions , by his provisions ) quibusdam praebendis lugdunensis ecclesiae vacantibus quosdam alienigenas consanguineos vel affines suos , inconsulto capitulo intrudere , restiterunt ei in facie canonici lugdunenses ; comminantes , et cum juramento obtestantes , ( most likely by the english nobilities examples ) quod si tales apud lugdunum apparerent , non posset eos vel archiepiscopus vel canonici protegere , quin in rhodanum mergerentur . nec ipsi , qui beneficium fuerant accepturi , ultra usquam comparuerunt . eisdemque diebus , dum quidam ostiarius domini papa protervius cuidam civium lugdunensium , introitum civiliter & humiliter postulanti , incivilius & frontosius , quam deceret , denegaret ; idem civis indignatus & iratus , manum praedicti ostiari● penitus amputavit . unde idem mancus , cum coram domino papa gravem reponeret querimoniam , brachium suum ostendens mutilatum , dominus papa , secundum legem civitatis , vindictam sibi postulavit exhiberi . quam philippus de sabaudia , custos pacis ecclesiasticae , procuravit quali quali modo , ut honor paplis saltem superficialiter salvarerur . had his papal usurpations and agents been thus resolutely opposed in other places , the world had never been so oppressed and molested by them , as they were to their intollerable vexation ▪ the day of the session of the council of lyons summoned by this pope , being come , our historians give us this account of the inception thereof , and proceedings therein . anno gratiae millesimo ducentesimo quadragesimo ( misprinted decimo ) quinto , sub innocentio tertio papa , celebrabatur aliud concilium generale proximum , in quo decretum & scriptum est , quod non deberet de jure concilium generale celebrari , nisi semel infra quinquaginta annos , quod est spacium clausum jubileo . anno enim jubileo , vel infra tempus contentum infra annos quinquaginta , semel celebrari habet generale concilium : in quo omnia collapsa habent reformari , & in bono statu restitui & solidari . altius igitur solis orbita cursum suum peragente , videlicet circa aestatis medium , cum jam festum nativitatis beati johannis baptistae advenisset , congregati sunt lugduni ex totius fere christianitatis latitudine praelatorum venerabilium innumerabilis multitudo , vel eorum idonei ; imperatoris quoque , & multorum principum , aliorumque procuratores , secundum papalis mandati tenorem , concilium celebraturi . multos tamen , ne advenirent , impedivit imperator fredericus , praesciens quod ad suum impedimentum & dedecus ipsos papa convocarat . absentes autem quamplurimi praelatorum , per eos quos promiserunt procuratores , sese ex legitimis causis sufficienter excusarunt . multi etiam praelati ex anglia tum propter senium , tum propter infirmitatem , tum per regias preces pacificè remanserunt , sese per procuratores suos destinatos rationabiliter excusantes , ut supra latius dictum est . inter quos , abbas sancti albani , corpore gravis , & jam ad senilem declinans aetatem , magistro martino , qui tunc temporis in anglia prosperè commorabatur , testimonium veritati suae per hoc perhibente ; se rationabiliter per quendam monachum suum , johannem videlicet de bulum , & quendam clericum suum , magistrum rogerum de holdene , suam excusavit absentiam : & sic indemnis & quietus remansit , domino papa per ipsos civiliter salutato . veruntamen de regno hungariae , quae pro multa sui parte per tartaros est vastata , nulli venerunt , & propter regionum distantiam nullus advenire valuit , aut voluit . de alemannia , bello imperiali perturbata , pauci praelati ad concilium minimè convenire potuerunt . de terra vero sancta , quae multo patuit discrimini , nullus penitus potuit illuc advenire , sed nec advocari . occasionaliter tamen illuc adve●●t de terra sancta episcopus beritensis , totius syriae nuncius generalis , & syndicus omnium christianorum terrae sanctae ▪ mandatum bajulans lugubre , de exterminio , permittente deo , in terra sancta perpetrato . dum autem dominus papa multos jam praelatos , licet tamen non omnes , vidisset congregatos , die lunae proxima post festum nativitatis sancti johannis baptistae : intravit dominus papa cum fratribus cardinalibus , patriarchis , archiepiscopis , episcopis , & aliis praelatis ad concilium convocatis , simul & procuratoribus absentium tam principum quam praelatorum , in refectorium religiosorum sancti justi , apud lugdunum . fuerunt itaque ibidem absque cardinalibus , duo patriarchae , scilicet constantinopolitanus , qui & antiochenus , & patriarcha aquilegiae , qui & venetiae : imperator quoque constantinopolitanus , comes etiam tholosanus , & procuratores angliae , comes bigod , cum sociis suis nobilibus ; archiepiscopi vero & episcopi , centum & quadraginta . proposuitque patriarcha constantinopolitanus statum & necessitates ecclesiae suae , asserens , quod olim habuit sub se suffraganeos plus quam triginta , quorum vix jam tres remanserunt . subjungens insuper , quod graeci , et quidam alii inimici ecclesiae romanae , totum jam imperium romaniae fere usque ad portas civitatis constantinopolis violenter occuparunt ; qui in nullo romanae ecclesiae obedientes , ipsamque detestantes , hostiliter eidem adversantur . unde dolor & confusio omnium christianorum imminet , cum ipsa sua ecclesia primo fuisset privilegiata , et merito plus caeteris honoranda : primo enim constat , beatum petrum antiochiae ( quae civitas graecorum imperio vel regno subjecta est ) ab antiquo sedisse : et inde simonem magum , et alios haereticos , confusos aufugasse . ad quod papatacuit . ( being unable to reply thereunto . ) consequenter propositus fuit sermo fidelis , & omni acceptatione dignus , de canonizatione scilicet beati aedmundi cantuariensis archiepiscopi : quem dominus evidentissimis miraculorum signis illustravit . cujus rei assertioni , cum constanter testimonium octo archiepiscopi , & circiter viginti episcopi perhibuissent , & instanter , ut in ipso concilio veneranter , ad majorem solennitatem , canonizaretur , postularent : ait dominus papa , non suo , sed aliorum spiritu invidorum aversus , dicens ; urgent nos , dilationem non capientia ecclesiae nimis ardua negotia , quare hoc merito ad praesens tempus suspendere debeat expectatum . sed , vita comite , in posterum neglectui non commendabitur : & quia deus & mundus sanctitati & virtutibus ejus perhibent testimonium , in domino gaudemus , & gratias ipsi referimus uberiores . affuit etiam praesens ibidem thaddaeus de suessa , domini imperatoris frederici procurator , vir prudens , & eloquentiae singularis , miles , & legum doctor , & sacri palatii judex imperialis : pro domino suo imperatore , tam constanter , quam diligenter responsurus . imperator vero praesciens graves fore quaestiones movendas ( nec immerito ) contra ipsum , necnon & papalem iram diutinam , jam versam in odium , discretos ac solennes suos procuratores & prolocutores ad concilium destinavit , viz. thaddaeum de suessa , petrum de vinea , & magistrum walterum de ocra , clericos facundos & discretos , & cum eis milites nobiles & disertos . congregata vero sancta & universali synodo , in ecclesia sancti justi apud lugdunum , proposuit in medio dominus papa graves contra fredericum querimonias , ita ut intelligerent liquido omnes maxime propter hoc concilium fuisse convocatum . inter quas graves querimonias gravissima contra imperatorem fredericum resonabat , quod praelatos in mari truculenter invasit , submersit , coepit , & incarceravit . procuratores vero , prout causa eorum toleravit , satis prudenter ad objecta responderunt . pro cujus pace , & pristinae amicitiae reformatione , thaddaeus obtulit pro domino suo imperatore confidenter , ad unitatem romanae ecclesiae totum romaniae , id est , graeciae imperium , revocare : & quod sese tartaris , & chorosminis , & saracenis , & aliis ecclesiae hostibus & contemptoribus , christo fideliter militando , potenter opponet . et quod statum terrae sanctae discrimini magno & manifesto periculo jam patentem , suis sumptibus propriis personaliter , pro posse suo reformabit , & ablata romanae ecclesiae restituendo , de injuriis satisfacere . ad quae omnia respondit dominus papa dicens exclamando ▪ o quam multa & quam magna sunt promissa , nunquam vel nusquam tamen adimpleta vel adimplenda . sed & haec nunc constat sunt promissa , ut securis jamad radicem posita , illuso concilio , & soluto , per dilationem avertatur . pacem nuper in anima sua juratam , secundùm formam praestiti sacramenti teneat , & adquiesco : porro quo teneam nodo mutantem protea vultus ? et si concederem sibi postulata , & resilire vellet , nec aliud spero , quis nunc pro eo cavens fide juberet , ut cogeret resilientem ? et cùm duos reges , videlicet francorum & anglorum , thaddaeus ad hoc spospondisset fide jussores ; respondit dominus papa : nolumus , quia si pacta commutasset , vel penitus infirmasset , nec aliud credimus , propter frequentiam , aliquo tempore in posterum , opporteret nos animadvertere in eosdem : & tunc haberet ecclesia tres , quibus non sunt in saeculari potentia majores , imò nec pares , inimicos . sed cum rationes papales praevaluissent , omnes ferè in ipsum imperatorem frenduerant , anglici tamen dolentes de sua confusione , propter affinitatem , quae inter dominum ipsorum , regem angliae , & ipsum imperatorem contrahebatur , & foedus amicitiae inter ipsos initum , & prolem , quam ex isabella imperatrice , imperator susceperat , diu dissimulantes siluerunt . invaluerunt tamen undique insurgentes imperatoris adversarii , nec poterant imperiales nuncii vel exaudiri , vel audiri . et cum procuratio thaddaei ad hoc non sufficeret , neque temporis satis habuerit , ut haec consummarentur competenter , siluit contristatus . unde thaddaeus , ( soon after ) videns damnationem domini sui imminere ait , verè dies ista , dies irae , calamitatis , & miseriae . thereupon , gulielmus de powic , qui cum nobilibus domini regis angliae procuratoribus , comite rogerio , & aliis sociis praesens affuit , volens haec praedicta per interruptionem differre , assidentibus ibidem anglicanae universitatis procuratoribus assurgens in medio , gravamina regni angliae , ex parte universitatis angliae , proponens satis eleganter , conquestus est graviter , quod tempore belli ( guerrae ) per curiam romanam extortum est tributum injuriose nimis a rege iohanne , dum summa mentis angustia torqueretur , cui etiam manifeste contradictum fuit , et ex parte universitatis regni reclamatum , quod talia nullo modo facere poterat , per os venerabilis stephani cantuariensis archiepiscopi , quo non erat tunc major in regno . in quod tributum nunquam patres nobilium regni , vel ipsi consenserunt , nec consentiunt , neque in futurum in aliquo tempore consentient , unde sibi petit instanter exhiberi justitiam cum remedio . ad quod papa nec oculos elevans , nec vocem , verbum non respondit , sed dissimulavit , donec quae magis eum angebant primitus exuperasset . et post paululum silentii , dictus magister gulielmus proposuit in medio gravissimam querimoniam de multiformi reddituum extorsione et pecuniae in anglia per curiam romanam factam , a praelatis angliae , quasi a servis ultimae conditionis : hanc elegantem ostendens epistolam ex parte universitatis angliae . reverendo in christo patri , innocentio dei gratiâ summo pontifici , magnates et universitas regni angliae , recommendationem , cum pedum osculo beatorum . matrem nostram romanam ecclesiam totis visceribus diligimus & amamus , ut debemus ; & ipsius honoris incrementum & augmentum , affectione quanta possumus affectamus , ad quam habere refugium nos oportet temporibus opportunis ; ut dolor aggravans filialis , materno solatio mitigetur . quod quidem solatium , mater filio eo tenetur mitius & facilius impertiri , quo ipsum maternae dulcedinis alimento , gratum repetit & devotum . esse quidem non potest immemor mater illa illius gratitudinis , quam ei a longe retroactis temporibus regnum anglicanum impendit , concedendo eidem , ad exaltationem suam , et conservationem majorem , subsidium decens , et non modice fructuosum : ut per hoc inter ecclesiam ipsam et regnum praedictum , foedus dilectionis firmius iniretur . quod quidem subsidium , processu temporis beati petri denarius extiterit nuncupatum . ipsa vero ecclesia hujusmodi subsidio non contenta , aliis temporibus tam per legatos , quam per alios nuncios multiplicatos , subsidia petebat diversa in regno praedicto : quae ei a filiis suis , tanquam devotis , et matrem suam sincerae dilectionis brachiis amplexantibus , fuerunt concessa liberaliter et libenter . paternitatem etiam vestram non credimus ignorare , quod praedecessores nostri , sicut viri catholici , creatorem suum diligentes pariter & timentes , animarum suarum , & praedecessorum suorum , necnon & successorum saluti insistere cupientes , monasteria fundaverunt , & bonis suis , tam terris dominicis , quàm ecclesiarum patronatibus ditaverunt : ut viri religiosi in monasteriis illis primam religionem laudabiliter exercentes , & cum summa devotione altissimo famulantes , pace & plena tranquillitate possent gratulari , prout religioni dignoscitur convenire , de dictis dominicis necessaria capientes . et ut clerici sui patronatuum suorum ecclesias obtinentes , pro eis labores subirent exteriores , & eos defenderent , inhaerentes religioni secundae , ab incursibus aliorum . quapropter non sine magna molestia nostra , et gravamine intollerabili nobis valde , praefati religiosi possent patronatibus suis , aut ecclesiarum collationibus , aliquatenus defraudari . sed ecce per vos et praedecessores vestros , nullam considerationem habentes , quod praeter subsidia supradicta , jam ditantur in anglia italici ( quorum est jam numerus infinitus ) ecclesiis ad ipsorum religiosorum spectantibus patronatus , qui rectores ecclesiarum dicuntur , praefatos religiosos , quos deberent defendere , relinquentes penitus indefensos , nullam curam animarum gerentes , sed lupos rapacissimos gregem dispergere , et oves rapere permittentes . vnde vere dicere possunt , quod non sunt boni pastores , quoniam oves suas non cognoscunt , nec pastorum notitiam oves habent . hospitalitati eleemosynarumque largitioni , sicut statutum est in ecclesia , non insistunt : sed fructus tantum percipiunt , extra regnum asportantes , regnum non mediocriter depauperando , et redditus occupando . quibus redditibus fratres , nepotes , consanguinei nostri , et caeteri bene meriti de regno angliae praedicto beneficiari tenerentur ; qui possent et vellent dicta charitatis opera , et etiam plura alia misericorditer et pie exercere , et ecclesiis ipsis personaliter deservire ; ut qui altari deserviunt , vivant etiam de altari , secuudum dictum pauli . ipsi vero nunc necessitate compulsi , laici et exules sunt effecti . vt autem vobis veritas plenius innotescat , italici percipientes in anglia sexaginta millia marcarum , et eo amplius annuatim ( aliis perceptionibus diversis exceptis ) plus emolumenti meri redditus de regno reportant , quam ipse rex , qui est tutor ecclesiae , et regni gubernacula moderatur . porro , post creationem vestram firmiter sperabamus , et adhuc speramus , eam de vobis fiduciam reportantes ; quod vestrae paternitatis misericordia mediante , gaudebimus eleemosynas nostras praedictas , tempore vestro fore statui debito et pristino reformandas . sed tacere non possumus gravamen nostrum , quo non solum gravamur , sed etiam opprimimur ultra modum . videlicet , quod magister martinus praefatum regnum , sine domini regis licentia , cum majori potestate , quam unquam vidimus habere legatum a domino rege postulatum , nuper ingressus ( licet non utens legationis insigniis , multiplicato tamen legationis officio ) novas quotidie proferens potestates inauditas , excedens excedit : quaedam beneficia jam vacantia , triginta marcas , vel amplius , annuatim valentia , personis italicis conferendo : quibus decedentibus , et patronis ignorantibus , alii supponuntur ; et sic patroni suis collationibus defraudantur . adhuc etiam idem magister martinus beneficia consimilia , cum ea vacare contigerit , personis nititur assignare . quorundam beneficiorum collationem sedi apostolicae reservando , et a viris religiosis pensiones immoderatas insuper extorquendo : contradictores et resistentes excommunicationis et interdicti sententiis passim , non absque magno discrimine et animarum periculo , supponendo . cum igitur praefatus magister martinus , non sine totius regni perturbatione non modica , jurisdictionem exercens memoratam , quam a conscientia vestra credere non possumus emanasse , eo quod in multis majori fungeretur officio , quam unquam fungi legatum aliquem videremus , privilegio domini regis admodum derogando , per quod ei a sede apostolica specialiter indulgetur , ne quis in anglia legationis fungatur officio , nisi a domino rege specialiter postulatus : sanctae paternitati vestrae supplicamus quantum possumus humiliter et devote , quatenus , cum pius pater ad relevationem oppressionis filiorum manum misericordiae teneatur extendere ; ab oppressionibus et gravaminibus memoratis , nos velit vestrae paternitatis benignitas tempestivo ac efficaci remedio , cito relevare . quantumcunque namque dominus noster rex , qui est princeps catholicus , et jugi vigilatione obsequiis divinis intendit , corporis sui consumptionem non considerans , in obsequio iesu christi sedem velit apostolicam revereri , et ecclesiae romanae , sicut filius ejus charissimus , commodi et honoris desideret incrementum et augmentum ; jure tamen regio dignitate que regia plenius conservatis : nos tamen , qui in negotiis suis portamus pondus dierum et aestus , et quibus una cum ipso domino rege , intendere conservationi regni diligenter incumbit , dictas oppressiones , deo et hominibus detestabiles , et gravamina nobis intolerabilia , non possumus aequanimiter tolerare ; nec per dei gratiam amplius tolerabimus , vestrae pietatis remedio mediante ; quod festinum et tempestivum , habere credimus et speramus . placeat igitur paternitati vestrae hanc supplicationem nostram taliter exaudire , quod a magnatibus et universitate regni angliae , tanquam a filiis in christo charissimis , speciales gratias debeatis merito reportare . a memorable epistle , worthy the magnanimity , honour , gallantry of the free-born english nobility , gentry , nation . cum autem per praedictos nuncios in medio concilio legerentur , & in propatulo manifesto , facto optimo silentio , proponerentur , dominus papa non respondit : quia , ut asseruit , tam arduum negotium morosa indiguit deliberatione . suspendit igitur ad tempus responsionem , licet urgenter instarent nuncii praedicti , tam solennes & magnifici , postulantes certam super his responsionem , indistanter tamen se responsa daturum pollicendo . addebant quoque idem nuncii , prioribus querimoniam gravem & seriam ; videlicet , de violenta oppressione , intolerabili gravamine , et impudenti exactione et injuria , quae per hanc invisam adjectionem , papalibns literis frequenter insertam , non obstante , &c. exercetur ; per quam jus pro nihilo habetur , et autentica scripta enervantur . altiori igitur insistens negotio dominus papa , postquam se talia providè promiserat correcturum , in dominum imperatorem fredericum , sine aliqua palpatione , dissimulatione , vel dilationis indultu , sententiam depositionis in pleno concilio , licet thaddaeus et ejus socii constanter reclamassent , plenam satisfactionem pollicentes , non sine omnium audientium et circumstantium stupore et horrore terribiliter fulminavit , as mathew westminster , or fulguravit , as matthew paris phraseth it . before i proceed to the popes excommunication and deposition of the emperor frederick in this general council , formerly excommunicated by his predecessor pope gregory , i shall by way of introduction render you a brief account of pope gregories death , the schismes amongst the cardinals about the new popes election , long vacancy of the see by reason of it , and of this popes malicious proceedings against the emperor before this council assembled . pope gregory after many unchristian contests with the emperor , dying suddenly of grief and discontent , because the emperor had suprised a strong castle he had newly built , and committed to the custody of his bishops , * quod castrum papa de novo , de pecunia crucesignatorum construxerat ad parentelae suae tuitionem : quod castrum imperator subitô obsessum subvertit , & omnes quos in eo invenit , suspendit . et in signum talis subversionis , quandam turrim semidirutam reliquit , ut memoria tam culpae quàm vindictae nequaquam moreretur . quod dominus papa , conceptos , quos tamen ipse sibi suscitaverat dolores , impotens sustinere , undecimo cal. septemb. viam universae carnis est ingressus , pro meritis à summo judice recepturus . thereupon the see continued voyd for some space upon this occasion , which hindred the election . * ipsorum dierum curriculò , mortuo , ut praedictum est , gregorio papa , fuerunt decem cardinales in curia praesentes , duobus existentibus in carcere imperatoris . qui cùm , ut moris est , tractassent de electione , quia mutilata fuit concio eorum , non poterant concorditer vel competenter in unum convenire . miserunt ergò ad imperatorem humiliter postulantes , duos cardinales confratres suos sub quacunque vellet conditione ad curiam destinaret , ne promotio universalis ecclesiae , quae maximè consistit in electione papali , per ipsum impediretur . quod imperator benignè concessit , mitigatus precibus comitis richardi , ita videlicet , ut de eorum reditu ad carcerem & ad priorem statum & conditionem , nisi otto in p●pam eligeretur , remearent . convenientibus igitur in unum , in palatio quod regia solis dicitur , quinque cardinales elegerunt sextum , scilicet galfridum mediolanensem , et huic electioni favet imperator congratulans . tres verò residui elegerunt quartum , scilicet romanum , cui electioni opposuit se imperator , habuit enim ipsum infamem , tum propter persecutionem universitatis parisiacae , quando etiam dicebatur corrupisse reginam franciae b. tum quia imponebatur ei , quod foverat dissidium inter papam gregorium jam defunctum , & ipsum imperatorem . ( a just cause of the emperors refusing him , and vindication of his old prerogative in the election of popes . ) nomina eligentium primum sunt , aegidius aspanus , stephanus filius comitis , episcopus port●●nsis , remerus de viterbio , johannes de columna , robertus de sumercote anglicus . nomina autem eligentium alterum , sunt , richardus hannibal , episcopus hostiensis , qui de more primam habet vocem in electione papali , & senebaldus episcopus sabinensis . suscitatum est gravè schisma inter fratres propter dictas electiones , quia debet haberi papa & acclamari , cujus electioni duo partes consenserint electorum . juxta decretalem illam alexandrinam quae sic incipit , licet de vitanda discordia , &c. et sic infecto tanto ecclesiae negotio , divisi sunt , imo potius dispersi mentibus et corporibus . ( such was the unity of the cardinals and church of rome in that age , whereof they so much boast in this. ) sub ejusdem temporis mutabilitate , magister robertus de sumercote , cardinalis , vir discretus & circumspectus , omnibus amabilis meritò & gratiosus natione anglicus , dum in palatio , quod regia solis dicitur , inclusus tenebatur , cum aliis fratribus de electione tractantibus , viam universae carnis est ingressus ; potionatus , ut dicitur , eo quod papatui dignus videbatur & idoneus , ab aemulis suis romanae nationis , qui eum contemnebant . simili peste quidam alius periit , insidiis praeventus invidorum . johannes quoque de columna , cardinalis , dirutis castris suis & palatio à romanis , eo quod imperatori favorabilis videbatur , captus est , et custodiae carcerali mancipatus . divisis circa illud tempus omnibus fere cardinalibus et dissidentibus , et electione papali sub desperatione suspensa , rediit otto ad carcerem imperatoris , ut interpositos obsides liberaret , & se à praestito sacramento & fidei interpositione adquietaret . et hoc valde acceptavit imperator . veruntamen adhuc ipsum tenuit incarceratum offensus idcirco , quia ipsum imperatorem in anglia legatus excommunicavit , et excommunicari permisit , et non mediocriter diffamavit . sed mitiùs egit cum eo , quia invitus hoc fecisse perhibetur , obedientiae papalis coactus violentia . after this , ipso quoque anno , post multas disceptationes et diversa schismata , tam damnosa quam periculosa , inter cardinales , sathana seminante , suscitata , elegerunt fratres , jam pauci facti a tribulatione malorum et dolore , magistrum galfridum mediolanensem in papam , ( who was called ( oel●stine the th . ) virum moribus praeditum & scientia , sed in aetatem senilem jam declinantem & debilitatum . unde cùm jam vix sexdecim diebus sedisset , praematura morte praeventus , naturae debita persolvens , utinam non , ut dicitur , potionatus , sedem papalem , imo universalem ecclesiam reliquit desolatam . eisdem temporibus convenerunt episcopi angliae , videlicet archiepiscopus eboracensis , lincolniensis , norwicensis , carleolensis , cum aliis multis gravibus religiosis ac discretis ecclesiastics personis , tractaturi super multiplici desolatione ecclesiae , & divinam consolationem postulaturi . statue●unt igitur quasdam orationes speciales cum je juniis fieri ab ecclesia generaliter per angliam , ut dominus ecclesiam romanam pastorali & papali regimine destitutam , relevare & restaurare dignaretur . exemplum accipientes in actibus apostolorum , quando incarcerato petro oravit ecclesia pro eo sine intermissione . consenserunt etiam in unum , ut ad dominum imperatorem mitterent universi nuncios favorabiles cum precibus lachrymabilibus , quatenus rancorem & omnem animi indignationem pro salute animae sincero corde remittens , deposita omni tyrannide , ecclesiae romanae promotionem non impediret , imo misericorditer respirare permittens , licet lacessitus , studeret promovere . mortui enim erant , qui ipsum ad iram provocaverant . tyrannicum enim videbatur , & rationi dissonum , ut innocui culpam luerent nocivorum . et cùm circa electionem nunciorum , qui etiam transitum facientes per franciam & alias regiones intermedias , obiter praelatos ad similia provocarent eleganter & diligenter , sollicitarentur , quilibet eorum causas cavillatorias praetendens , onus tantae sollicitudinis ac periculosi laboris pro christo & ejus ecclesia assumere sibi recusavit . tandem , quia cantabit vacuu● coram latrone viator ; praedicatores & minores , quia vagi sunt , & norunt omnes provincias peragrare expediti , ad hoc elegerunt , cum alios non invenissent . quod cùm ad imperialem audientiam pervenisset , respondit imperator : quis promotionis ecclesiasticae processum impedit ? profecto non ego . imo pertinax ecclesiae romanae superbia , et insatiabilis cupiditas . et si impeditor successuum tam anglicanae quam romanae forem ecclesiae , quis admiraretur ? haec enim summopere me conatur ab imperiali culmine praecipitare : illa me excommunicando , non mediocriter diffamando , pecuniam in meum detrimentum suam effundere non desistit . et sic carebat praeparatus coetus episcoporum angliae in hac parte efficacia , et profectu privabatur . processit igitur annus ille curiae romanae inimicissimus , peccatis ejus illud manifeste promerentibus . anno . fideles imperatoris ceperunt habitu diffiguratum archiepiscopum coloniae , versus alemanniam à roma repatriantem ; qui conspiraverat ad imperatoris dejectionem simul cum ipsis praelatis , qui ad concilium generale venire proposuerant . sed audito eorum casu , qui per terram isse proposuerat , flexis loris per alia diverticula remeans , positis insidiis undique captus & retentus est . sed quia is qui ceperat eum , alemannus erat , & notus pontifici , cautè permisit eum abire , praestito sacramento & fide interposita , quod nunquam insidias vel gravamen imperatori machinaretur . sed illud male tenuit postea juramentum , ut in sequentibus declarabitur . ( such was the faith of popish prelates . ) tunc etiam temporis , dominus imperator fredericus , significavit cardinalibus , corpore dispersis , & voluntate dissentientibus , ut in unum convenientes , unanimiter papam eligerent . asserebat enim , in hoc eorum crimine , etiam ipsummet notam infamiae non minimam contraxisse . credebatur enim , & dicebatur à multis , veritatem rei ignorantibus , quod ipse principaliter ecclesiae romanae promotionem impediret , et vacationem sedis apostolicae procuraret . at ipsi cardinales , non adhuc inter se saltem scintillantem sub cinere charitatis igniculum invenientes , ( impediente sathana antiquo humani generis inimico ) nec concordes , nec convenientes pontificem romanum eligere voluerunt . veruntamen instanter dominum imperatorem fredericum postulabant , ut si se pacis ac libertatis ecclesiasticae haberi cuperet aemulatorem , sub bonae pacis spe certissima , quos adhuc tenuit incarceratos praelatos ecclesiae , liberos abire permitteret . imperator igitur , dictis cardinalium fidem adhibens indubitatam , & firmiter credens , tam papam eligendum , quam ipsos cardinales pacem regno et sacerdotio congruam et honorabilem provisuros , omnes quos habebat incarceratos praelatos et legatos , liberos sine aliquo impedimento vel redemptione , liberaliter abire permisit . cardinales autem adhuc obstinati , & in dissentione & odio mutuo permanentes , et imperatorem quasi pro deluso habentes , seminante zizania inter eos sathana ▪ nec adhuc voluerunt convenire , ut unanimiter spiritus sancti gratiam invocando postularent , ut ecclesiae universali & papali sedi soeliciter ac ritè providerent : cum , tamen , nuper liberati à carcere imperiali , in districto veritatis examine , & verbo veritatis , quae est deus , promisissent ipsi imperatori , suo liberatori , ut ipsi efficaciter pacem ecclesiae , & imperio convenientem , & sedi papali consilium , pro posse suo procurarent . cum autem vidisset imperator fredericus , haec effectu caruisse , & se sua spe defraudatum , in iram excanduit vehementem . et congregato exercitu copioso , ex novem aciebus constituto , qualibet ex quinque millibus armatorum equitum existente , romam ex magna parte obsedit , ratione eorum qui dicti schismatis , in detrimentum ecclesiae & imperii , tam civium , quàm cardinalium , procuratores & fautores esse videbantur . at cives , causa quorum urbem expugnare proposuisset imperator , se legaliter excusaverunt , suam sufficienter purgantes innocentiam , & asserentes , cardinales tam locis quam cordibus dissidentes , in diversis urbibus dispersos fuisse et latitantes . jussit igitur imperator obsidionem solvi , et edicto imperiali per totum exercitum suum proclamari ac juberi : ut omnes possessiones et ecclesiae cardinalium , et civitates ecclesiae , ab ipso exercitu depopularentur . igitur quidam saraceni , & alii vastatores , & malefici , tempore belli stipendiis imperatoris militantes , irruunt in albaniam , nobilem civitatem , eam feraliter devastantes , ita quod nec ecclesiis in civitate existentibus , videlicet centum & quinquaginta , minimè pepercerunt : asportantes vestimenta , calices , & libros , imò etiam quaecumque videbantur eis venalia , vel quomodolibet profutura , civibus datis in praedam , & miserabile exterminium . et cum paratus fuisset exercitus , in alias possessiones ecclesiae simili furore debacchari , significaverunt cardinales domino imperatori , humiliter deprecantes , ut parceretirae suae , juberetque cessare grassatores . et ipsi indubitanter , secundum praeceptum suum et desiderium , deum habentes prae oculis , ecclesiae et imperio idoneum quantocius romanum pontificem providerent . mitigatus igitur imperator , rabiem vastatorum edicto compescuit imperiali . all which proceedings were evidences of his ecclesiastical supremacy over the cardinals and church of rome it self , and election of a new pope . per idem tempus , ( upon the english prelates forementioned instigation ) miserunt franci solennes nuncios ad curiam romanam , significantes persuadendo praecisè & efficaciter , ut ipsi cardinales papam rite eligentes , universali ecclesiae solatium pastorale maturius providerent : vel ipsi franci propter negligentiam eorum , de sibi eligendo et providendo summo pontifice citra montes , cui obedire tenerentur , quantocius contractarent . et hoc audacter significabant , confisi de antiquo privilegio suo , per sanctum clementem beato dionysio concesso et obtento : qui concessit apostolatum eidem dionysio super gentem occidentalem . unde ipsi cardinales , quasi quibusdam stimulis , hinc domini imperatoris , inde francorum agitati , romam convenientes adierunt , ut papam eligerent in unum ibidem congregari . the cardinals thus assembled , there arose a question amongst them , in whom st. peters primacy resided during the vacancy of the roman see ? at last they resolved it remained in them , and took upon them to dispose of livings by provisions , and to controll the popes provisions in england , made upon mis-information , which caused them to deferre the election , to keep this power in their own hands the longer . dierum illorum circulis revolutis , quia multi dubitabant , si papalis potestas , sede vacante , ad fratrum , id est , cardinalium universitatem devolveretur , an non ? per has literas , quas opusculo huic inserere duxi , pleniùs certificamur . miseratione divina , r. ostiensis , & vellet j. tituli sancti praxedis , s. tituli sancti laurentii in luc. s. tituli sancti mariae trans tyberim , presbyteri , r. sancti mariae in cosmedin , e. sanctorum cosmae & damiani , o. sancti nicolai in carcere tulliano , diaconi , sanctae romanae ecclesiae cardinales , religioso viro abbati de wareduna , salutem in domino . ex parte magistri petri apostolorum principis basilicae canonici , rectoris ecclesiae de morduna , nati jacobi johannis capot , civis romani , fuit propositum coram nobis , quod dudum sanctae recordationis dominus gregorius papa , falsis suggestionibus provocatus , eliensi episcopo suas direxit literas , continentes , ut praefato magistro , vel alii ejus nomine , de proventibus ecclesiae supradictae minimè responderet , nec etiam permitteret responderi , sed ecclesiam ipsam ad manum suam retinens , proventus ipsius perciperet & servaret , ut de utrisque juxta suum beneplacitum disponi deberet , contradictores per censuram ecclesiasticam appellatione postposita compescendo . decernens dominus papa praedictus , nihilominus irritas et inanes omnes literas super ecclesia et proventibus ipsis , nomine praefati magistri obtentas a sede apostolica , vel etiam obtinendas , ut scilicet nemo conveniri posset per illas , nec aliquis authoritate posset procedere earundem . et si processus esset habitus per easdem , esset irritus et inanis , nisi de praemissis plenam facerent mentionem ; decano eboracensi , & archidiacono richemundiae ad haec omnia exequenda deputatis . sed idem episcopus , in hujusmodi mandati executione procedens , tibi per suas literas dicitur injunxisse , ut si firma ecclesiae supradictae , vel aliqua pars ipsius , apud te for san resideret , ipsam deponi faceres apud bernewelle , in custodia prioris & sacristae loci ejusdem , & ab inde in anteà , dicto magistro vel alii ejus nomine de proventibus ecclesiae supradictae , nullatenus responderes , sed eos deponi faceres ibidem , ut de eisdem possit secundum dispositionem hujusmodi summi pontificis responderi . quare praefatus magister nobis humiliter supplicavit , ut cum indignum sit , & omni rationi contrarium , ut poena ipsum alligare debeat â suggestis prorsus insontem , provideri super hoc ei misericorditer dignaremur . nos autem , penes quos potestas residet , apostolica sede vacante , volentes praefato magistro gratiam facere specialem ob suae meritum probitatis , tibi districte praesentium authoritate mandamus , quatenus eidem magistro , vel procuratori , vel nuncio suo , de firma ecclesiae supradictae , subtracta sibi authoritate mandati praedicti , plenam satisfactionem impendas , & ei de caetero , ut teneris , integre respondere procures , non obstantibus praedictis literis , vel processibus habitis per eadem . alioquin , ne mandatum nostrum ad nos vacuum revertatur , noveris nos priori fratrum praedicatorum norwicensium , & petro de arche , canonico ecclesiae sancti angeli de ferentino , nostras literas destinasse , ut te ad id , si necesse fuerit , per censuram ecclesiasticam debeant coarctare . datum , &c. anno dom. . apostolica sede vacante . after this act of the cardinals papal authority , they proceeded to the election of a new pope , and on the feast of the nativity of st. john baptist , an. . elected and created innocent the th . pope , who being confirmed on the feast of st. peter and paul , presently ratified the sentence of excommunication , denounced by his predecessor pope gregory the th . against the emperor , and confederating with the citizens of viterbium , and the parts adjoyning , raised an army , routed the emperors forces , took sundry castles from him near viterbium , and made the emperor to retreat from thence . videntes autem qui partes circumjacentes inhabitant , quod imperator turpiter , non sine magno rerum dispendio & dedecore & hominum jactura secesserat , recesserunt multi à fidelitate ipsius , & romanis atque viterbiensibus sunt confoederati ; secundum illud poëticum : mobile mutatur semper cum principe vulgus . obfuscata est igitur non mediocriter fama imperatoris : captus enim erat comes simon de tuscia , cui fiducialiter commiserat viterbium custodiendum , cum suis complicibus , qui romam , captivus trahebatur , amissumque fuit ipsum viterbium , cum quibusdam civitatibus & castris circumjacentibus , ipseque imperator quasi fugam iniit . denigrata est fama ipsius , & sinistro susurro divulgatum , quod nunquam divina officia audire dignabatur , vel orare , vel personas ecclesiasticas digne venerari , vel in fide catholica sane loqui vel sentire , a concubitu muliercularum saracenarum abstinere , imo potius tam saracenos , quam alios infideles in terram imperii vocare , et vrbes construere permisit munitissimas . ( a most notorious calumny , secretly dispersed by this pope and his predecessor , though abundantly refuted by the emperors answers to it , and letters to christian princes . ) recesserunt igitur ab imperatore multi nobiles et graves ac potentes : videlicet , marchisii de monte ferrato , & de mala spina , vercella , alexandria , & multae nobiles civitates . et multiplicati sunt inimici ejus , prout solent homines fortunae sequentes serenitatem . in alemannia etiam multi abierunt retrorsum ; et nolentes amplius stare cum eo , alium sibi in regem elegerunt , vel imperatorem , videlicet andegravium , virum elegantem & strenuum : cui germanis & italiae pars potissima consilium & auxilium usque ad capitum expositionem , sp●spondit indefessum . but he loving the emperor , & romanae curiae odivit cavillationes , refused to consent to the election the papal party had made of him for their emperor ; and upon private conference with the emperor , datis dextris confoederati sunt , ut de suspecto factus est idem andegravius amicus tutissimus , & omnibus qui eum elegerant manifestè significavit , quod tam temerae praesumptioni non adquievit . veruntamen , qui oderunt ipsum imperatorem fredericum , extulerunt caput . intermeantibus igitur nobilibus & profundi consilii personis , tractatum est diligenter de pace inter ecclesiam & imperatorem . sed noluit aliquo modo imperator jurare , ut staret ecclesiasticae censurae absolute , nisi praecognitis causis , et praevisa via , et omnibus conditionibus , nec quomodolibet quaedam acquisita , ad imperium jure antiquo spectantia , resignare . et sic , procurante humani generis inimico , ( or rather the pope , his vicar general , rather then christs ) ira rediit rediviva . the emperor was so desirous of peace , that after this , se spospondit ecclesiae & ecclesiasticis praelatis satisfacturum , circa securitates designandas , offert cautionem juratoriam , literatoriam , & fidejussoriam per reges , principes , & magnates , & comites locorum . praeterea circa praedictas cautiones committit se ordinationi domini papae , & tractatorum per praesens scriptum , ( recorded at large by matthew paris ) and sealed with his imperial seal ; but the popes obstinacy would not rest satisfied therewith . istud papae & imperatoris mutuum dissidium ; as it hindred him and all christian kings , princes from ayding the christians , against the cruelty of the tartars , ad injuriam christi , & uni versalis ecclesiae & totius christianismi ; so , totius mundi latitudinem perturbasset . unde discordia eorum longè latèque per orbem ventilata ( utpote quibus non sunt majores , imò nec eis pares , in tota christianitate ) corda tartarorum , imò omnium paganorum , necnon & universorum christi inimicorum , exhilaravit , & in spem erexit tutiorem . adeò ut superbiendo & jactitando dicerent , deum christianis offensum , qui sese ad invicem impugnant & corrodunt : & sibi potius propitium deum , qui ipsos multiplicavit , & eorum dominium dilatavit . yea , sectae pullulant , fide vacillante . inter ecclesiam & imperium discordia , nunquam talis . interim dominus imperator , videns dominum papam ex novo creatum , confirmata prioris sententia , ipsi nequaquam velle parcere , nolens etiam stare mandatis ecclesiae absolutè , jussit vias , portus , & pontes arctissimè custodiri , ne quis portans pecuniam , quam scivit romanam curiam insatiabiliter sitire , posset transmeare . filius autem ejus conradus huic operi operam impendens diligentem , adeò vigilanter tam per mare quàm per terras transire volentibus aditus praeclusit , ut nec fratribus minoribus , vel praedicatoribus ( the popes and his confederates messengers and intelligencers ) vel alicui alii transfigurato , quem deprehendere posset , pepercisset , quin comprehensum , usque ad animae exhalationem torqueret . in the mean time cardinal columna died at rome ; qui inter omnes cardinales in possessionibus saecularibus claruit potentissimus : unde efficacissimus discordiae inter imperatorem & papam seminator exstitit & sustentator . the emperor through the popes perversenesse , revolting from his former promises , * calcaneo papali insidias tetendit , & laqueos absconditos : de quibus dominus papa praemonitus , imperatoris vulpinos maeandros , in quantum potuit , evitavit , & suspectos habuit , nec se credebat ei , vel suis . whereupon creating ten of his creatures and confederates cardinals , he privily fled with them from rome to castellana , from thence to sutrium , the emperor informing him , quod nihil faceret de conventis , nisi literis absolutionis priùs habitis . cui cum contradicendo respondisset dominus papa , hoc fore dissonum rationi , orta est discordia inter eos . dominus igitur papa , suae praesagus perturbationis , extunc repentinam & clandestinam fugam arripere satagebat , nullo tamen conscio , ne fugienti dominus imperator repagula praepararet . fuerunt tamen qui dicerent , * ipsum magis amore munerum , quae delaturi erant illi cisalpini , nec ausi erant terras transire imperatoris , ut ipsis sinum aperiens occurreret , quàm pro timore alicujus persequentis . unde sumpta qualiquali occasione versus januam , quae sibi patria fuit genialis , gressus impiger dirigebat . eadem igitur die , significatum fuit domino papae , ( ut idem posteà asserebat ) quod trecenti milites tusci erant in veniendo ipsa nocte , ut ipsum apprehenderent .. dominus igitur papa , non mediocriter attonitus , & perturbationis vultum praeferens , in hora primi somni , relictis papalibus ornamentis , veterem induit senebaldum , & leviter armatus equum ascendit velocissimum , manu non vacua , & vix cubiculariis consciis , clam subitoque discedens , non equinis pepercit lateribus : ita quod ante primum , triginta quatuor milliaria pertransivit , nemine comitante , vel ipsum sequi potente . media autem nocte clamor factus , ecce papa recessit , nescientibus aliquibus , nisi aliquot sed paucis cardinalibus . petrus verò de capua , cum uno solo comite , non sine viarum discrimine , sequutus , invenit papam ipso die apud castrum supra mare , quod dicitur civitas vetus . venerant autem ibidem in occursum papae viginti tres galeiae , quarum unaquaeque sexaginta viros benè ferro armatos , & centum & quatuor remiges assignatos continebat , exceptis nautis , & sexdecim bargae . propter quod argumentosi suspicabantur , haec omnia diu antè praevisa dominum papam desiderasse . fuerunt autem cum armatis , & eis praefuerunt , potestas januae , quem admiratum vocant , & majores civitatis , qui se omnes jactabant esse vel affines vel consanguineos papae , propter retributionem . intravit igitur unam galeiarum illarum dominus papa , serò cum septem cardinalibus , & paucis aliis comitantibus . et vix magnum mare intraverant navigantes , ecce occupat ipsos tempestas valinissima , non tamen ex adverso , et erectis velis , non sine marimo timore et periculo , eadem via qua navigantes capti erant praelati , per centum milliaria ; die veneris sequenti , compellente tempestate rapti , applicuerunt in portu insulae cujusdam pisanorum ; and at last after many perils and difficulties he arrived at janua ; where , receptus est à concivibus , consanguineis , & affinibus suis , in urbe ipsa qua natus est , in campanarum classico , in cantu & musicis instrumentis ; dicentibus omnibus & conclamantibus : benedictus qui venit in nomine domini . quibus & ipsi responderunt : anima nostra sicut passer de laqueo venatoris erepta est . cum autem domino imperatori haec innotuissent , morè satyrico infrenduit , & ait , scriptum est , fugit impius nemine persequente . obstupuit & doluit nimis , & suorum portuum & civitatum custodes ignaviae & desidiae redarguit , qui adversarios suos permiserunt liberè pertransire . fecit igitur in circuitu januae , praecipuè versus galliam , exitus viarum , ne ad papam pecunia portaretur , arctissimè custodiri . et jam acclamabatur dominus imperator manifestus ecclesiae persequutor . nec reputabat dominus papa adhuc ipsam civitatem januam , tutum forè refugium , non ignorans potentiam imperatoris esse latissimam , secundum illud poëticum : an nescis long as regibus esse manus ? ipsis quoque temporibus , dum videlicet dominus papa moram apud januam continuaret , consentientibus mediolanensibus simul cum liguribus italicis quibusdam , etiam romanis & multis de nobilioribus alemanniae , procurante papa animatur quidam de maximis alemanniae potens , quem nominant andegravium ; ut imperialem sibi dignitatem assumens , donec plenius exaltaretur , ope fultus multiplici tam praelatorum quàm magnatum , bellum moveret contra tyrannum fredericum , persecutorem ecclesiae jam puhlicum & generalem . * denigrata est enim fama sua , non mediocriter , & dicebatur quod jam non firmo gressu in lege domini ambularet , saracenis confoederatus , saracenicas meritriculas sibi retinens concubinas , & alia quae relatu sunt indigna & morosa . cumque haec attentaturus memoratus andegravins , secum & optimatibus suis convocatis deliberaret , quid super hoc agendum , dixerunt ei amici sui , temerarium forè hoc aggredi , & ancipiti casui se , qui tranquilla pace gaudebat , committere , quicquid pars papalis ei promitteret . et dum super hoc penderet sententia , ecce imperator rapido cursu illuc advolans , paucis & consciis & concomitantibus , cui haec nota facta sunt , animum dicti andegravii adco effoeminatum divertit ab hoc proposito , quod facti sunt dominus imperator & ipse andegravius amicissimi & confoederati & affines : & dedit andegravius imperatori munera & imperator ei . et hoc negotio consummato , sicut clanculo venerat dominus imperator & subito , sic recessit . ipsorumque temporum curriculo , ut partem suam , quam credebant adversarii jam infirmatam , magis roboraret , dominus imperator dedit filiam suam nuptui cuidam principi potentissimo graecorum , nomine botatio romanae ecclesiae exoso & inobedienti , & ideo schismatico . quod audientes adversarii imperatoris , siluerunt confusi . the popes cardinals and kinred repaired to him to janua , exigentes redditus ad usus filiorum & nepotum suorum , praecipue ex regno angliae sibi conferendos ; yet he thought himself not secure there , by reason of the emperors forces surrounding all passages by land and sea ; hereupon the better to provide for his nephews . eodem tempore se transtulit dominus papa clam à custodibus imperialibus , ad astensem civitatem . et citò post raptim & noctu lugdunum se contulit . extunc igitur cogitavit concilium generale congregare , praecipue ut imperatorem deponeret , et ibi , vel in inferioribus galliae partibus ignominiose eum ab imperiali culmine praecipitaret . rex autem franciae comperiens , quod dominus papa regno suo appropinquavit , sciens , quod de adventu suo nihil bom regivel regno proveniret , convocavit magnates suos , consulens eos quid super his foret agendum ? et cum convenissent , ecce papalis petitio directa est ad ipsum regem et proceres , ut liceret ei ad remensem civitatem , quae tunc suo antistite viduabatur , se transferre : ( which he neither could nor durst attempt , notwithstanding his papal pretended supremacy over all kings , kingdoms , without the kings previous license . ) quod cum franci attoniti audissent , statim constanter responderunt ; haec se nullo modo velle tollerare . rescripsit ergo rex franciae domino papae moderatè ; proceres suos nullatenus velle consentire ut in franciam veniret : timebant ne quasi mus in pera , anguis in sinu , hospites suos remuneraret : nec permitterent duo magna luminaria in suo climate apparere , ne , uno aliud absorbente , eclipsis fieret : nec valuit verborum elegantia , in epistola papali composita , vel exemplum de foelicis memoriae papa alexandro sumptum , constantiam francorum enervare . dicebant enim , quam dissimilis ille vir huic puero ? such unwelcome guests were popes to their own most christian son the king , & his whole kingdom of france ; yea such pests and plagues were they to all kingdoms , whether they or their legates came ; into whose dominions neither they nor their legates could nor durst enter without their royal assents , notwithstanding their pretended soveraign monarchy over all kings and kingdoms of the world , to dispose of them at their pleasures . the pope receiving this answer from the french , by the policy of his cardinals , greedy of english gold and preferments , moved the king of england to entertain him in his realm , enforming king henry , what an extraordinary honour and benefit it would be to him and the whole kingdom . whereupon the king at first was desirous to grant this request , but upon serious advice of the rapines , simony and grievances that would ensue thereon , he upon second thoughts rejected it , as matthew paris thus attests . ipsis quoque diebus , domino papa procurante , sed tamen dissimulante , quidam cardinalium , qui solius erant amatores pecuniae , chartam quandam domino regi , sub specie multae amicitiae , transmiserunt , cujus tenor talis exstitit . consilium damus vobis amicissimum , vobis salubre et honorificum , et regno vestro gloriosum , nec mediocriter profuturum ; videlicet , ut preces domino papae per solennes nuncios dirigatis , humiliter eidem supplicantes , quatenus dignetur regnum angliae , in quo jus dignoscitur habere speciale , sua praesentia foeliciter illustrare : et nos ipsum supplicationi vestrae reddemus , proposse supplicando , favorabilem , qui vestrum & regni vestri foelices successus desideramus . excellentissimus enim vobis honor foret , & gloria immortalis , ut temporibus vestris , quod non recolitur aliquibus diebus evenisse , dominus papa , qui patrum pater esse dignoscitur , anglorum finibus personanaliter appareret . recolimus etiam eum dixisse , unde gaudemus , quod gratanter videret delicias westmonasterii , et divitias londinenses . haec cum domino regi innotuissent , gaudebat , & huic subdolo consilio de facili incurvaretur , nisi peritorum consiliis ad contradicendum , vel dissentiendum erigeretur . qui dicebant , quod satis , imo nimium , jam suorum caursinorum usuris , et romanorum ac italicorum rapinis et simoniis , angliae puritas maculatur , quamvis non ipse papa praesentialiter bona ecclesiae et regni dissipet et praedetur . similiter & regni francorum introitus , quem per solennes nuncios postulavit , & arragonum denegabatur . infamia enim curiae papalis id promeruerat , cujus foetor usque ad nubes fumum teterrimum exhalabat . and could he be then christs vicar , or st. peters successor ? this pope at last comming into france , much against the kings and many of the clergies wills , summoned the council of lyons on purpose to excommunicate and depose the emperor , as you hearo before , pronouncing him excommunicate the second time in france , before the council . the form of the excommunication denounced against him in the council , sent into england and all other places to publish , is thus registred by matthew paris . innocentius episcopus servus servorum dei , &c : sacro praesente concilio , ad rei memoriam sempiternam , ad apostolicae dignitatis apicem , licet indigni , dignatione divinae majestatis assumpti , omnium christianorum curam vigili sedulaque solertia gerere , ac intimae considerationis oculo singulorum facta & dicta discernere ; & providae deliberationis statera librare debemus , ut quos justi vigor examinis dignos ostenderit , congruis attollamus et evehamus favoribus ; quos autem reos et culpabiles invenerimus , poenis debitis pro gravitate culpae , afficiamus et deprimamus : appendentes femper meritum & praemium aequa lance , retribuendo cuique juxta qualitatem operis , sive boni , sive mali , poenae , vel gratiae quantitatem . sanè cum àiu bellorum diuturna commotio , nonnullas professionis christianae provincias & regiones graviter afflixisset ; nos toto cupientes mentis affectu tranquillitatem & pacem ecclesiae sanctae dei , ac generaliter cuncto populo christiano restituere ac reducere : ad praecipuum principem saecularem , hujus dissensionis ac tribulationis auctorem , à foelicis recordationis gregorio papa praedecessore nostro , pro suis excessibus anathematis vinculo innodatum , speciales nuncios magnae auctoritatis viros , venerabiles videlicet fratres nostros p. abbatem albanensem , tunc autem temporis rothomagensem archiepiscopum , & w. sabinensem tunc , quondam vero mutinensem , episcopos , ac dilectum nostrum filium gulielmum , basilicae duodecim apostolorum presbyterum cardinalem , tunc abbatem sancti facundi ; qui salutem zelabantur ipsius , duximus destinando . facientes sibi proponi per ipsos , quod nos , & fratres nostri , quantum in nobis erat , pacem per omnia secum habere nitimur ; ut cum omnibus hominibus paratisumus ; optabamus pacem sibi & tranquillitatem dare , ac mundo etiam universo . et quia praelatorum , clericorum , omniumque aliorum , quos detinebat captivos , & omnium tam clericorum , quàm laicorum , quos ceperat in galeiis , restitutio , poterat esse pacis & reconciliationis plurimum inductiva ; illum , ut eos restitueret , ( cum hoc idem , tam ipse , quàm sui nuncii , antequam ad apostolatus vocati essemus officium , promisissent ) rogari & peti ab ipso fecimus per eosdem , ac proponi insuper , quod iidem pro nobis parati erant audire & tractare pacem , ac etiam audire satisfactionem , quam facere vellet princeps de omnibus pro quibus vinculo erat excommunicationis astrictus , et offerri . praeterea , quod si etiam eum in aliquo contra debitum laeserat ecclesia ( quod tamen non credebat ) parata erat corrigere , ac in statum debitum reformare . et si diceret ipse , quod contra justitiam in ullo ipsum laeserat ecclesia , vel etiam quod nos eum contra justitiam in ullo laesissemus ; parati eramus vocare reges , praelatos , & principes , tam ecclesiasticos , quàm saeculares , ad aliquem tutum locum , ubi simul per se , vel per solennes nuncios convenirent . eratque parata ecclesia etiam de consilio concilii sibi satisfaccre , si cum laesisset in aliquo , ac revocare excommunicationis sententiam , si quam contra ipsum injuste tulisset : & eum omni mansuetudine & misericordia , ( quantum cum deo & honore suo fieri poterat ) tractare ; & de injuriis & offensis ipsi ecclesiae suisque per eum irrogatis , satisfactionem ab ipso recipere . volebat etiam ecclesia omnes amicos suos , sibique adhaerentes , in pace ponere , plenaque securitate gaudere ; ut nunquam hac occasione possent aliquod in posterum subire discrimen , aut periculum . sed licet sic apud eum pro pace paternis monitis & precuminsistere curaverimus lenitate , idem tamen pharaonis imitatus duritiam , & morè aspidis obturans aures suas , hujusmodi preces & monita , * elata obstinatione , ac obstinata elatione et superbia despexit ac contempsit . et licet processu temporis , in die coenae domini proximo nuper praeterita praecedente , coram nobis & fratribus nostris cardinalibus ; praesentibus charissimo in christo filio nostro constantinopolitano imperatore illustri , coetu quoque non modica praelatorum , & de senioribus ac sanioribus senatoribus populoque romano , & juxta multitudinem aliorum , qui eodem die , propter solennitatem ipsius , de diversis mundi partibus ad apostolicam sedem convenerunt ; quod staret mandatis nostris & ecclesiae , per nobilem virum comitem tholosanum , ac magistros petrum de vinea , & thaddaeum de suessa , curiae suae judices , & procuratores suos , speciale super hoc ab ipso mandatum habentes , praestiterit iuramentum , postmodum tamen quod * juraverat , non implevit . quinimò ea intentione ipsum praestitisse juramentum probabiliter creditur , sicut ex factis sequentibus colligitur evidenter , ut eidem ecclesiae ac nobis illuderet potius , quam pareret ; cum anno & amplius jam elapso , nec adipsius ecclesiae gremium revocari potuerit , nec sibi de illatis ei damnis & injuriis curavit satisfacere , licet super hoc extiterit requisitus . propter quod non volentes , nec etiam valentes , absque gravi jesu christi offensa , ejus iniquitates & scelera amplius tolerare : cogimur , urgente nos conscientia , animadvertere in eundem . et ut ad praesens , de caeteris ejus sceleribus & iniquitatibus taceamus ; quatuor gravissima , quae nulla possunt celari tergiversatione , commisit . dejeravit enim multoties ; pacem quondam inter ecclesiam & imperium reformatam , temerè violavit ; * perpetravit etiam sacrilegium , capi faciens cardinales sanctae romanae ecclesiae , ac aliarum ecclesiarum praelatos et clericos , religiosos , et saeculares , venientes ad concilium , quod idem praedecessor duxerat convocandum . de haeresi quoque non dubiis & levibus , sed difficilibus & evidentibus argument is suspectus habetur : plura siquidem eum commisisse perjuria satis patet . nam olim cum in siciliae partibus commorabatur , priusquam esset ad imperii dignitatem electus , coram bonae memoriae g. sancti theodori diacono cardinali , apostolicae sedis legato , foelicis recordationis innocentio papae , praedecessori nostro , & successoribus ejus , ecclesiaeque romanae , pro concessione regni siciliae , ab eadem ecclesia sibi facta , fidelitatis praestitit juramentum . et sicut dicitur , illud idem postquam ad eandem dignitatem elect us extitit , & venit ad vrbem , coram eodem innocentio suisque fratribus cardinalibus & aliis multis praesentibus , ligium homagium in ejus faciens manibus innovavit . deinde , cum in alemannia esset , eidem innocentio papae , & ipso defuncto , bonae memoriae honorio papae , praedecessori nostro , & ejus successoribus , ac ipsi ecclesiae romanae , praesentibus imperii principibus ac nobilibus , juravit , honores , jura , et possessiones romanae ecclesiae , pro posse suo , servare ac protegere bona fide . et quod quaecunque ad manus suas devenirent , sine difficultate restituere procuraret , nominatis expresse dictis possessionibus in hujusmodi juramento ; quod postmodum confirmavit , coronam imperii jam adeptus . sed horum trium juramentorum temerarius extitit violator & transgressor , non sine proditionis nota , et laesae crimine majestatis . nam contra praefatum praedecessorem nostrum gregorium , & fratres suos cardinales , comminatorias literas eisdem fratribus destinare ; ac dictum gregorium apud fratres ipsos , sicut apparet per literas ab eodem tunc direct as : eisdem etiam , prout fertur , per universum ferè orbem terrarum multipliciter diffamare praesumpsit . ac venerabilem fratrem nostrum ottonem portuensem , tunc sancti nicholai in carcere tulliano diaconum cardinalem , & bonae memoriae j. praenestinensem episcopos , apostolicae sedis legatos , nobilia & magna ecclesiae romanae membra , personaliter capi fecit , et bonis omnibus spoliatos , ac per diversa loca non semel ignominiose deductos et circumductos , carceribus mancipari . privilelium insuper , quod beato petro , et successoribus ejus in ipso , tradidit dominus iesus christus , videlicet ; quodcunque ligaveritis super terram , erit ligatum & in coelis ; quodcunque solveritis super terram , erit solutum & in coelis . ( in quo authoritas et potestas romanae ecclesiae consistit ) pro viribus diminuere , vel ipsi ecclesiae auferre sategit , scribens se praefati gregorii papae , praedecessoris nostri , non vereri latam ab eo excommunicationis sententiam in ipsum , non solum contemptis clavibus ecclesiae non servando , verumetiam per se , ac officiales suos , et illam , et aliam excommunicationis vel interdicti sententias , quas idem omnino contempsit , cogendo et compellendo alios non servare . possessiones quoque praefatae ecclesiae romanae , videlicet , marchiam , ducatum beneventum , ( cujus muros & turres dirui fecit ) ac alias quas in tusciae & lombardiae partibus , & quibusdam aliis obtinebat locis , paucis exceptis , occupare non metuens , eas detinet adhuc occupatas . et tanquam ei non sufficeret , quod manifestè , contra juramenta praesumendo talia , veniebat , per se , vel per suos officiales , earundem possessionum homines dejerare compulit : ipsos a juramento fidelitatis , quibus tenebantur ratione ecclesiae , de facto , cum de jure non posset , absolvens ; et faciens eosdem fidelitatem nihilominus abjurare praedictam , sibique fidelitatis hujusmodi juramenta praestare . pacis verò ipsum violatorem existere planè constat ; quia cum olim tempore pacis , inter ipsum & ecclesiam reformatae , jurasset coram bonae memoriae j. de abbatis villa , episcopo sabiniensi , & magistro thomasio , tunc temporis sanctae sabinae presbytero cardinali praesentibus , cum multis aliis praelatis , principibus , & baronibus , quod staret & pareret praecise , absque ulla conditione , omnibus mandatis ecclesiae , super his , pro quibus erat vinculo excommunicationis expressis per ordinem coram eo : tunc temporis etiam omnibus teutoniae hominibus , regni siciliae , ac quibuslibet aliis , cujuscunque conditionis aut status , qui ecclesiae contra eum adhaeserant , omnem remittens offensam et poenam : et quod in nullo tempore offenderet , vel offendi faceret ipsos , pro eo quod ecclesiae astiterant , praestari in anima sua per comitem acerrarum facient juramentum ; postmodum pacem et juramenta hujusmodi , nequaquam erubescens irretiri perjuriis , non servavit . nonnullos enim etiam ex ipsis hominibus praedictis , tam nobiles , quàm alios , posteà capi & incarcerari fecit ; & eis bonis suis omnibus spoliatis , uxores eorum & filios captivare ; ac insuper terras ecclesiae , contra promissionem , quam eidem j. sabinensi episcopo , & thomasio cardinali fecerat , irreverenter invasit : licet ipsi ex tunc in eundem praesentem , si ullo modo praedictis articulis aut conditionibus contraveniret , excommunicationis sententiam promulgaverunt . et cum iidem apostolica authoritate sibi commissa , ipsi mandassent , ut nec per se , nec per alium impediret , quin postulationes , electiones , & confirmationes ecclesiarum & monasteriorum , in regno praefato , liberè de caeterò fierent , secundum statutum concilii generalis : et quod nullus deinceps in eodem regno viris ecclesiasticis , ac bonis aut rebus eorum , imponeret tallias vel collectas , quodque nullus ibidem clericus vel persona ecclesiastica de caetero in civili vel criminali causa conveniretur coram iudice saeculari , nisi super feudis quaestio civilis haberetur ; ac templariis , hospitalariis , & aliis personis ecclesiasticis , de damnis & injuriis irrogatis , eis satisfaceret competenter : ipse mandatum hujusmodi adimplere contempsit . liquet namque undecim , aut plures , archiepiscopales , & mult as episcopales sedes , abbatias quoque , & alias ecclesias , ad praesens in regno vacarepraedicto ; easque procurante ipse , sicut apertè patet , fuisse diutius praelatorum regimine destitutas : in gravè ipsarum praejudicium , & periculum animarum multarum . et licet fortè in aliquibus ejusdem regni ecclesiis , electiones sint à capitulis celebratae : quia tamen per illa eadem familiares clerici sunt electi , probabili potest argumento concludi , quod facultatem non habent liberam eligendi . ecclesiarum autem ipsius regni , non solum facultates et bona fecit prout voluit occupari , sed et cruces , calices , thuribula , et alios sacros earum thesauros , et pannos sericos , velut cultus divini contemptor , auferri : licet , ut dicitur , ipsis ecclesiis ( exacto tamen prius pro eis certo p●●cio ) in parte fuerint restituti . clerici quippe * collectis & talliis , mutipl●●●●● affliguntur . nec solum trahuntur ad judicium saeculare , sed , ut asseritur , coguntur subire duella : incarcerantur , occiduntur , et patibulis cruciantur , in confusionem et opprobrium ordinis clericalis . praefatis autem templariis , hospitalariis , & personis ecclesiasticis , non est de damnis illatis eisdem & injuriis satisfactum . eum quoque certum est , sacrilegii esse perpetratorem . nam cum praefati portuensis & praenestinensis episcopi , & quamplures ecclesiarum praelati & clerici , tam religiosi , quâm saeculares , ad apostolicam sedem , pro celebrando concilio ( quod prius ipse petiverat convocari ) per mare venirent , viis omnibus terrae ipsius , de mandato ejus , omnino praeclusis , idem destinato henrico filio suo cum multitudine galeiarum , & per alias quamplures longè anteà serio praeparatas in partibus tusciae , maritimis insidiis positis contra eos , ut gravius posset virus vomere praeconceptum , ipsos ausu sacrilego capi fecit , quibusdam praelatorum ipsorum , et aliis in hujusmodi captione submersis ; nonnullis etiam interemptis , et aliquibus hostili insequutione fugatis : reliquis autem bonis spoliatis omnibus , et de loco ad locum in regno siciliae opprobriose deductis , et circumductis , ac ibidem diris carceribus mancipatis ; quorum aliqui macerati squaloribus et inedia pressi , miserabiliter defecerunt . merito insuper contra eum de haeretica pravitate suspicio est exorta , cum postquam excommunicationis sententiam a praefatis j. sabinensi episcopo , et thomasio cardinali , prolatam incurrerit , et praedictus gregorius papa ipsum anathematis vinculo innodavit , ac post ecclesiae , romanorum cardinalium , praelatorum , et clericorum , a qua diversis partibus ad sedem apostolicam venientium , captiones , claves ecclesiae contempserit et contemnat , sibi faciens celebrari , vel potius , quantum in eo est , prophanari divina : et constanter asseruit , ut superius est narratum , in se praefati gregorii papae sententias excommunicationis non vereri . praetereà , conjunctus saracenis amicitia detestabili , nuncios & munera pluries destinavit eisdem , & ab eis vicissim cum honorificentia & hilaritate recepit : ipsorumque ritus amplectitur , illos in quotidianis ejus obsequiis notabiliter secum tenens , eorundem etiam more uxoribus , quas habuit de stirpe regia descendentibus , ●unuchos , praecipuè quos , ut dicitur , serio ipse castrari fecerat , non erubuit deputare custodes . et quod execrabilius est , olim existens in partibus transmarinis , facta compositione quadam , imò verius collusione , cum soldano , machometi nomen , in templo domini diebus ac noctibus publicè proclamari permisit . et nuper nuncios soldani babyloniae , postquam idem soldanus terrae sanctae , ac christianis habitatoribus ejus , per se ac suos damna gravissima & inaestimabiles injurias irrogaret : fecit per regnum suum siciliae cum laudibus , ad ejusdem soldani excellentiam , sicut fertur , honorificè suscipi , & magnificè procurari . aliorum quoque infidelium perniciosis & horrendis obsequiis contra fideles ab●tens , & illis qui damnabiliter vilipendentes & contemnentes apostolicam sedem , ab unitate ecclesiae discesserunt , procurans affinitate ac amicitia copulari , clarae memoriae ducem bavariae , specialem ecclesiae romanae & devotum ; fecit , sicut pro certo asseritur , christiana religione despecta , per assisinos occidi : & battacio , dei et ecclesiae inimico , a communione fidelium per excommunicationis sententiam , cum adjutoribus , conciliatoribus , et fautoribus suis solenniter separato , filiam suam tradidit in uxorem . catholicorum vero principum auctus & mores respuens , neglecta salutis suae & famae integritate , pietatis operibus non intendit . quinimò , ut de suis nefariis dissolutionibus sileamus , cum didicerit * tantum opprimere , non curat oppressos injuriis relevare , manu ejus , ut decet principem christianū , ad eleemosynas non extenta : cum destructioni ecclesiarum institerit , & religiosas ac alias ecclesiasticas jugi attriverit afflictione & persequutione personas . nec enim & ecclesias , nec ulla monasteria , nec h●spitalia , seu alia pia loca cernitur uspiam construxisse aut fundasse . nunc igitur haec non levia , sed efficacia sunt argumenta de suspicatione haeresis contra cum : cum tamen haereticorum vocabulo eos jus civile continere asserat , & latis adversus eos sententiis debere succumbere : qui vel levi argumento à judicio catholicae religionis & tramite detecti fuerint deviare . praeter hoc , regnum siciliae , quod est * spirituale patrimonium beati petri , quod idem princeps ab apostolica sede tenebat in feudum , jam in tantam clericis & laicis exinanitionem servitutemque redegit , quod eis penè penitus nihil habentibus , & omnibus exinde ferè probris ejectis & expulsis , illos qui remanserunt ibidem , sub servili quasi conditione vivere , ac romanae ecclesiae , cujus principaliter sunt homines & vassalli , offendere multipliciter & hostiliter impugnare compellit . posset etiam meritò reprehendi , quod mille squinatorum annuam pensionem , in qua pro eodem regno ipsi romanae ecclesiae tenetur , per novem annos etamplius solvere praetermisit . nos itaque super praemissis , & quam pluribus aliis ejus nefandis & ex●crandis excessibus ac flagitiis , cum fratribus nostris cardinalibus & sacrosancto concilio deliberatione praehabita matura & diligenti , cum domini nostri iesu christi vices , licet immeriti , teneamus in terris , nobisque in beati petri apostoli persona sit dictum : * quodcunque ●●gaveris super terram , erit ligatum & in coelis , &c. memoratum principem , qui se imperio , et regnis , omnique denique honore , ac dignitate reddidit tam indignum , quique propter suas iniquitates atque scelera a deo ne regnet vel imperet est abjectus , suis ligatum peccatis a deo ac abjectum , omnique honore ac dignitate privatum a domino ostendimus ac denunciamus , et nihilominus sententiando privamus . omnesque qui ei juramento fidelitatis aliquo modo tenentur astricti vel obligati , a juramento hujusmodi perpetuo absolvimus et liberamus : auctoritate apostolica firmiter et strictim inhibendo , ne quisquam de caetero sibi tanquam * imperatori vel regi pareat , vel quomodolibet parere intendat . decernendo quoslibet , qui deinceps ei , velut imperatori , vel regi , consilium praestiterint , seu favorem ; ipso facto excommunicationis vinculo subjacere . illi autem , ad quos in eodem imperio , imperatoris spectat electio , eligant libere alium in ejus locum successorem . de ▪ praefato vero siciliae regno providere curabimus , cum eorundem fratrum nostrorum cardinalium consilio , sicut viderimus expedire . datum lugduni , decimo septimo calend. augusti , pontificatus nostri anno tertio . haec igitur in medio concilio prolata , cunctis audientibus ad instar corruscantis fulguris , non mediocriter timorem omnibus incusserunt . magistri igitur thaddaeus de suessa , & walterus de ocra , & alii procuratores imperatoris , & qui cum ipsis erant , emisso ejulatu flebili , hic femur , hic pectus in judicium doloris percutientes , vix à profluvio lacrymarum sese continuerunt . et ait magister thaddaeus memoratus , dies ista , dies irae , calamitatis , et miseriae . dominus igitur papa , et praelati assidentes concilio , candelis accensis , in dictum imperatorem fredericum , qui jam jam imperator non est nominandns ; terribiliter , recedentibus et confusis ejus procuratoribus , fulgurarunt . the pope and his prelates in this council published these two canons to regulate the abuses of excommunications , which they violated in an high degree by this their excommunication against the emperor . ecclesiastica censura judices damnabiliter abutuntur , cum de matris ecclesiae gremio ex alterius culpa indiscretè per eam attentent evellere innocentes , ex qua illicitè notatus non laeditur , sed errante clavi converti dicitur in damnantem . volentes igitur insolentiae , vel potius insolertiae talium obviare , constitutionem praesenti decreto sancimus , ut judicum nullus excommunicato ab eodem participantes in locutione & aliis quibus ligatur particeps , excommunicatione minori , ante communicationem canonicam excommunicare praesumat : salvis constitutionibus contraillos legitimè promulgatis , qui in scelere praesumunt alieno participare damnato . quod si ex locutione , & aliis , quibus excommunicato participans labitur in minorem , notati majoris divina invaserit contemnendo , ut facilius revocetur ad absolutionis beneficium , satisfactione praemissa , misericorditer obtinendum ; poterit judex post commonitionem canonicam , hujusmodi participes eidem consimili damnare censura . aliter autem , in participantes excommunicatio non teneat ; & proferentes , poenam legitimam poterunt formidare . cum excommunicatio sit medicinalis , non mortalis , disciplinans , non eradicans , dum tamen in quem lata fuerit non contemnat ; cautè provideat judex ecclesiasticus , ut in ea ferenda ostendat se prosequi quod corrigentis est & medentis . quisquis ergo excommunicat , in scriptis proferat ; & causam expressè conscribat , propter quam excommunicatio proferatur . exemplum verò scripturae hujusmodi teneatur excommunicato tradendum infra mensem post diem sententiae , si fuerit requisitus : super qua sigillo authentico consignatas . si quis autem judicium hujusmodi constitutionis temerarius violator existat ; per mensem unum ab ingressu ecclesiae & divinis , noverit se suspensum . superior verò , ad quem recurritur , sententiam ipsam sine difficultate relaxans , latorem excommunicationis ad expensas omnes & interesse condemnet , & aliàs puniat animadversione condigna , ut poena docente discant judices , quam grave sit excommunicationum sententias sine maturitate debita in aliquem fulminare . et haec eadem etiam in suspensionis & interdicti sententias , volumus observari . caveant autem praelati , & judices universi , ne praedictam suspensionis poenam incurrant . quoniam si contigerit eos sic suspensos divina officia exequi , sicut prius ; irregularitatem non effugient , juxta canonicas sanctiones , super qua non nisi per summum pontificem poterit dispensari . solet autem à nonnullis in dubium revocari , an cum aliquis per superiorem absolvi postulat ad cautelam , dum in se latam excommunicationis sententiam asserit esse nullam ; sine contradictionis obstaculo , munus debeat ei absolutionis impendi . et ante ablutionem hujusmodi , qui se offert in judicio probaturum se post appellationem legitimam , in excommunicatione notatum , vel intolerabilem errorē in sententia fuisse patenter expressum , sit in caeteris , excepto probationis illius articulo , evitandus . in prima igitur dubitatione sic statuimus observandum , ut petenti absolutio non negetur ; quamvis in hoc excommunicator , vel adversarius se opponat . in quo casu , tres tantummodò octo dierum indulgebuntur dilationes sic dicenti : ut si probaverit , quod opponit , nec relaxetur sententia , nisi prius sufficiens praestetur emenda , vel competens cautio , de jure parendo , si offensa dubia proponatur . in secunda verò quaestione statuimus , ut si is qui ad probandum admittitur , pend ente probationis articulo , etiam caeteris quae ut actor in judiciis acceptaverit , interim evitetur . extra judicium verò , in officiis , postulationibus , & electionibus , & aliis legitimis actibus nihilominus admittatur . in this council the pope to raise monyes and therewith forces to oppose and depose the emperor , published a croysado , with sundry indulgences under the usual pretext of releiving the christians , then pretended to be greatly distressed by the saraceus and tartars , thus registred in the canons of this council . de crucis vero negotio , nonnulla sunt in concilio salubriter & prudenter constituta : sed cùm de contributione pecuniae facta fuit mentio , contradictum fuit domino papae in facie , maxime propter hanc adjectionem omnibus invisam : conferant subsidium per manus eorum , qui ad hoc apostolica fuerint providentia ordinati : ( by which means the pope would have fingered and converted , all the mony to his own use : ) quia multoties et multipliciter conqueruntur fideles ecclesiae ; se de pecunia sua terrae sanctae in auxilium contributa , per romanam curiam fuisse defraudatos : ( and might they have resisted him to his face upon as just a ground in his excommunication , yea deposition of the emperor , to defraud him of his rights and prerogatives of his imperal crown ? ) caetera verò fideliter ac salubriter ordinata , auribus & cordibus fidelium placentia anno domini . de papa gregorio de verbo ad verbum sunt conscripta : ubi etiam invenies sermonem elegantissimum , ab eodem papa gregorio compositum : et ille idem sermo , in hoc concilio à domino papa innocentio quarto , quasirecens resumptus est . ( as the emperors * excommunication was ) affirmavitque dominus papa , haec omnia , maxime autem quae de principe statuit , se irrevocabiliter observaturum . haec autem cum intellexisset magister thaddeus ab imo trahens suspiria , ait : intelligo nullum remedium patere discrimini . ejulansque & flens subintulit : verè dies ista , diesirae : sicut anteà dixerat , cum ad concilium plenum omnes praelati candelas suas accensas inclinarent , & extinguerent ; excommunicatum imperatorem fredericum deponentes . et in calce sermonis adjunxit idem magister thaddeus : ex hoc tempore cantabunt haeretici , regnabunt chorosmini , & insurgent tartari . et haec nunciaturus ad dominum suum imperatorem fredericum est reversus . dominus autem papa omnibus in propatulo ait : quod meumest feci , faciat & prosequatur super his deus quod voluerit . cum autem haec omnia audivisset & intellexisset dominus imperator fredericus , vix se prae indignatione capiens , in vehementissimam iram excanduit . torvoque vultu omnes circumsedentes adspiciens intonuit , dicens : abjecit me papa in synodo sua , privans me corona mea ; vnde tanta audacia ? unde talis temeraria praesumptio ? vbinam sunt clitellae meae , thesaurum meum portatilem continentes ? et cum allatae fuissent , et coram eo ejus jussu reseratae essent , ait : vide si jam sunt amissae coronae meae . repertam igitur unam imposuit capiti suo . et coronatus erexit se , et minacibus oculis , voce terribili , et insatiabili corde , dixit in propatulo : non adhuc coronam meam perdidi , vel papali impugnatione , vel synodali concilio , sine cruento perdam certamine . ad tanta prorumpet fastigia vulgaris superbia ut me praecipuum principem , quo non est major , imo cui nec est par , ab apice dignitatis imperialis valeat praecipitate . in hoc tamen conditio mea melioratur . in aliquo tenebar illi obedire , saltem venerari ; nunc autem ab amore et veneratione , necnon et ab omnimodae pacis absolvor adversus papam obligatione . ex tunc igitur efficacius et vigilantius , ut dominum papam gravaret , in thesauris , consanguineis , et amicis ejus damna et injurias irrogavit ( as he had just cause . ) cogitavit igitur ut partem suam magis roboraret , filiam ducis austriae sibi matrimonio copulare . et ad hoc consummandum solennes nuncios destinavit , & festinos ad eundem ducem . quod cum ad notitiam puellae pervenisset , amplexus & nuptiasipsius frederici donec absolveretur , constanter refutavit . hoc autem cum pater puellae etiam approbasset & dicto frederico nunciasset , erubuit spretus ab utroque . sed tamen induratus , volens avertere corda regum & principum , tam à devotione quàm venerationae ecclesiae & praelatorum praecipuè domini papa scripsit epistolam , quandam nimis reprehensibilem , in ea enim virosum propositum suum quod diu occultaverat , evomuit . but his epistle , how ever censured by papal parasites , was worthy this emperor , and all christian kings had reason to thank , honor him for his prudent advise and magnanimous resolution therein , then to lessen their affections towards him ; for defending all their crowns and regal rights , against papal usurpations , and shewing them the readiest way to support them for the future . fredericus , &c. regi angliae , &c. illos foelices describit antiquitas quibus ex alieno paratur cautela periculo . status enim sequentis firmatur ex principio praecedentis . et ut impressionem cera recepit ex sigillo , sic humanae vitae formatur mortalitas ab exemplo . hanc utinam foelicitatem vestra serenitas anticipasset , vel praeoptasset : & quam cautelae solertiam vobis , ô christiani reges , ex nostrae majestatis nimiae laesione relinquimus , nobis potius alii reges et principes laesi similiter reliquissent . porro , qui clerici nunc censentur , parum eleemosynis impinguati filios opprimunt donatorum ; ipsique nostrorum filii subditorum paternae conditionis obliti , nec imperatorem , nec regem aliqua veneratione revereri dignantur , quoties in patres apostolicos ordmantur . quod autem ex circumloquutionibus nostris innuitur , ex innocentii papae quarti praesumptione comprobatur . qui vocata synodo , ut asserit , generali , contra nos , nec citatos , nec super aliqua fraude vel pravitate convictos ausus est sententiam depositionis statuere , quam praeter omnium regum enorme praejudicium , non poterat stabilire . quid enim nobis singulis regibus singulorum regnorum , afacie talis principis sacerdotum timendum non superest , si nos et principum electione solenni , et approbatione totius ecclesiae , dum cleri fide ac religione vigebant , imperiali diademate divinitus insignitos , et alia regna nobilia magnifice gubernantes , ille deponendos aggreditur ; cujus quoad temporalium detrimenta , non interest in nos aliquid exercere rigoris , etiam si causae legitimae probarentur . verum , quos sacerdotalis sic infestat abusio potestatis , et a summo conatur praecipitare deorsum ; nec primi sumus nec ultimi . et hoc quidem vos facitis obedientes simulatoribus sanctitatis , quorum sperat ambitio , quod totus jordanis influat in os suum . o si vestrae credulitatis simplicitas , a scribarum & pharisaeorum fermento quod est hypocrisis , juxta salvatoris sententiam , sibi curaret attendere ! quot illius curiae turpitudines execrari possetis quas honestas et pudor prohibet recitare . sane redditus copiosi , quibus ex plurimum depauperatione regnorum ditantur , quemadmodum ipsi nostis , ipsos faciunt insanire , apud vos christiani , vel peregrini mendicant , ut apud nos paterini manducent . ibi vestrorum domos obruitis , ut hic adversariorum vestrorum oppida construatis . sic de vestris decimis & eleemosynis tales pauperes christi sustentati ; qua beneficii recompensatione , qua saltem gratitudinis exhibitione se praebent obnoxios ? quanto manus largiores extenditis , tanto non solum manus , sed etiam cubitos avidius apprehendunt , suo nos laqueo detinentes , sicut aviculam , quae quanto ad evasionem fortius nititur , firmius alligatur . haec vobis ad praesens scribenda curavimus , insufficenter exprimentia votum nostrum . caetera verò secretius intimanda ; videlicet in quos usus divitias pauperum , expendat prodigalitas avarorum . quid super impetratione conceperimus obligando , quam per magnos mediatores intendimus , ut inter nos & ecclesiam saltem pax superficialiter reformetur . quid de regum commmunibus specialibusque negotiis disponere proponamus : quid super insulis oceani fuerit ordinatum : quid contra principes universos quibusdam consiliis ; quae nos , & quae nonnullos , quos habemus ibidem familiares & subditos , licet clandestina , latere non possunt , illa curia machinetur . quantis viribus , quot virorum , qualiter instructorum ad bella in hoc ipso vere , quod instat , omnes illos qui modò nos opprimunt , opprimere posse speremus , et si se nobis totus mundus opponeret . quicquid fideles nostri latores praesentium vobis retulerint , certè credatis , & ac si sanctus petrus jurasset firmissimum reputetis . nec vobis , petimus , videatur , quod per latam in nos sententiam papalem , nostrae magnitudinis . majestas aliquatenus incur vetur . habemus enim conscientiae puritatem , ac per consequens , deum nobiscum , cujus testimonium invocamus . quia semper fuit nostrae intentio voluntatis , clericos cujusque ordinis ad hoc inducere , et maxime maximos : ut tales perseverarent in fine , quales fuerunt in ecclesia primitiva , apostolicam vitam ducentes , humilitatem dominicam imitantes . tales namque clerci solebant angelos intueri , miraculis coruscare , aegros curare , mortuos suscitare ; et sanctitate , non armis , sibi reges et principes subjugare . at isti , saeculo dediti , delitiis inebriati , dominum postponunt ; quorum ex affluentia divitiaram et opum , omnis religio suffocatur . talibus ergo subtrahere nocentes divitias , quibus damnabiliter onerantur , opus est charitatis . ad hoc vos , et omnes principes una nobiscum , ut cuncta superflua deponentes , modicis rebus contenti , deo deserviant , debetis diligentiam adhibere . haec cum ad christianissimos francorum & anglorum reges nunciata pervenissent , patuit luce clarius ipsis & eorum magnatibus , quod fredericus libertatem ac nobilitatem ecclesiae , quam ipse nunquam auxit , sed magnifici antecessores ejus malo grato suo stabilierunt , toto conamine studuit annullare & de haeresi per idipsum se reddens suspectum , merito omnem quàm hactenus habebat in omni populo igniculum famae propriae prudentiae & sapientiae , impudenter & imprudenter extinxit atque delevit . reges tamen memorati , quia muliebre videretur & inhonestum statim infestare , quem prius protexerant , non sine murmure siluerunt adhuc dissimulantes . ac per hoc domini papae conditio , meliorata respiravit . unum insuper omnes angebat tam principes quam praelatos vulnus angustiae , futura pericula ratione praevia ponderantes . eo quod etsi dignus multipliciter fredericus deprimi , et omni honore privari , tamen si eum , deo juvante , auctoritas papalis irrestaurabiliter deponeret , romana ecclesia , gratia dei abutens , in posterum in tantam elationem , et intolerabilem superbiam sublevaretur , quod principes catholicos insontes et justos , et praecipue praelatos , quavis levi causa vel deponeret , vel deponere probrose comminaretur , loquendoque sublimia , gloriandoque dicerent romani licet a plebeia stirpe procreati : nos ipsum maximum dominum et imperatorem fredericum conculcavimus , et quis es tu , qui nobis temere credis resistere ▪ et ita provocati nobiliores , contra eos levabunt calcaneum : deoque vindice , auctoritas romana poterit deperire . haec autem mundi volubilitate secum rapiente , abbates diversorum climatum cistercienses capitulum suum instante exaltatae crucis solennitate , sicut moris est , catervatim adierunt . et cum ad capitulum generaliter convenissent , mandatum domini papae susceperunt . cujus tenor fuit hic : noverit universitas vestrae statum ecclesiae formidabiliter periclitantem precum instantia solitò vigilantiùs indigere . subest enim urgens causa , quae toti christianitati terribiliter comminatur . nec curabimus de caeterò gladio uti materiali , sed tantum spirituali , contra fredericum aliquando romanorum imperatorem , validum ecclesiae christi & obstinatum inimicum . obstructum est os loquentium iniqua . non vos moveant imperitorum , & veritatis ignarorum , precamur , obloquia ; ut à nobis quasi praecipitanter putetis , & absque deliberato fratrum nostrorum & multorum peritorum moroso consilio contra ipsum fredericum fuerit sententiatum . non enim meminimus unquam , causam cum tanta deliberatione & diligenti examinatione fuisse excussam ; & peritorum at que sanctorum mentibus , libratam extitisse ; adeò quòd in secretis , aliqui fratrum nostrorum induerunt personam advocati pro ipse : aliqui autem è contrà personam adversantis : ut ex objectionibus & responsionibus inquirentium & disputantium , ut solet in scholis , causae veritas radicitus hinc indeque discuteretur . nec aliquam viam invenimus , sine dei injuria , & gravi ejus offensa , & ecclesiae ejusdem laesione , & nostrarum conscientiarum vulnere , aliter procedendi quàm ut processimus , licet inviti , & ejusdem laesoris miseriae condolentes . parati igitur sumus in hac causa , et pro illa , usque ad mortem stare ; et pro ea , et in ea , tam omnes fratres nostri , quam nos mori , immutabiliter pro causa dei et ejus ecclesiae dimicantes . haec postquam ad audientiam totius capituli & universorum fratrum plenius pervenerunt , partem frederici detestantes , mirabiliterque papali parti inclinantes deum deprecabantur , ut ecclesiam suam , quam supra firmam petram stabilivit , etsi laberetur , labi nullatenus sineret in aeternum . but to leave these contests between this domineering , tyrannizing , oppressing pope and the emperor , and return to those between the king , kingdom , nobles of england , and the pope , in and after this council , concerning their forementioned grievances , where they prayed redress by word of mouth , and their forecited letter . expectantibus autem universitatis anglicanae procuratoribus , videlicet comite richardo bigod , cum suis consortibus praenominatis , placabile domini papae , prout promiserat , responsum ; tandem expressum est , quod postulata ad votum non reportarent . irati igitur nimis procuratores memorati , recesserunt cum comminatione : terribiliter jurantes , se nunquam tributum romanae cupiditati omni saeculo detestabile soluturos , nec solvere permissuros ; vel amplius reddituum ecclesiarum ( praecipue quarum nobiles regni esse patroni dignoscuntur ) proventus extorqueti non passuros . veruntamen dominus papa animo patienti & oculis conniventibus haec omnia dissimulando pertransiens , tempus rigidius agendi , respirante prosperitate , tacitus expectavit . misit igitur ad singulos episcopos angliae , praecipiens districtissimè , ut quilibet eorum illi chartae detestabili , quam lachrymabilis memoriae rex anglorum johannes , reclamante archiepiscopo cantuariensi stephano , infoeliciter confecit de tributo , signum suum appenderet , ut magis roborata perpetuaretur . quod ipsi episcopi timore inexcusabiliter effoeminati , non sine enormi regis et regni , proh dolor , fecerunt praejudicio . unde cum dominus rex hoc audisset , in maximam iram excandens , juravit , quod etsi etiam episcopi turpiter sint incurvati , ipse firmiter staret pro regni libertate : nec unquam dum vitales carperet auras , censum sub nomine tributi curiae romanae persolveret . porro episcopus londinensis fulco ultimus & invitus , in arcum pravum versus , signum suum dictae chartae apponens , minùs aliis meruit reprehendi . simili quoque modo , cuidam amplae chartae transcriptae de verbo ad verbum , secundùm chartam bulla papali communitam , de sententia depositionis in imperatorem fredericum lata , apposuerunt omnes praelati signa sua ; tam ad majorem roborationem , quàm memoriam rei sempiternam . ( such was the english bishops treachery , timidity , basenesse both towards the king , kingdom , emperor , which made the pope more intollerably insolent . ) anno gratiae . qui est annus regni henrici iii. regis . fuit idem rex ad natale domini londini , ubi convocatis multis regni nobilibus una cum fratre suo , regina quoque & comitissa cornubiae sorore reginae , multisque magnatibus ; qui cum eodem rege in wallia pondera & aestus dierum sustinuerant , festa natalitia gaudenter celebrarunt , ut qui fuerunt in tribulatione consortes , participes fierent in exultatione . eodemque tempore , ne gaudia mundi impermixta moeroribus mortalibus arriderent , ortus est rumor sinister , & ex rumore suspicio non modica , quod dominus papa rancorem in corde retinuit , cum tamen non subfuisset causa rationabilis : iratus est valde , et multiformiter ampullose coepit comminari anglorum regi et regno , ut si posset fredericum edomare , et per consequens recalcitrantium anglorum , qui de oppressionibus romanae curiae et maxime de tributo , in concilio conquesti sunt , insolentem superbiam conculcabit . non enim , ut ei videbatur , licuit miseris anglis , pro multiformi etiam injuria flagellatis , lachrymari vel mutire . conabaturque in illo diuturno ac secreto colloquio ; quod habuit apud cluniacum cum rege franc●rum , persuadere et acuere regem ipsum ▪ ut insurgeret ad tantae injuriae vindictam , tantam ut ipsum regulum anglorum , vel usque ad exhaeredationem impugnaret : vel enormiter laesum , sese omnimode voluntati romanae curiae , vellet , nollet , inclinaret . et ad hoc juvaret eum omni conatu , ecclesia et papalis auctoritas . quod constanter rex francorum dicitur renuisse , tum quia ipsi reges consanguinei sunt , et eorum reginae sorores : tum quia jus non habet rex francorum in regnum angliae manifestum : tum quia treugae inter ipsos reges initae sunt , quas maluit prolongare , ratione peregrinationis suae , quam proditiose rescindere : tum quia instabat validior inimicus , et ecclesiae romanae nocivior , videlicet fredericus edomandus : tum quia ante regnum angliae francis cederet , non modicus sanguis christianus effunderetur : tum quia christiani in terra sancta jam a paganis oppressi et obsessi ; regis francorum adventum desideratum , quasi naufragantes aurae lenioris prosperitatem , praestolantur . matthew w●stminster thus relates the prologue to , and grievances occasioning this parliament , and therein complained of by the king. peridem tempus convocati sunt nobiles regni , ut die , qua cantatur laetare hierusal●m , l●nd●niis de arduis regni negotiis diligenter , prout necessitas urgenter postulabat , contrecta●ent . papa enim indignatione , quam concepit contra regem ●t omnes regni nobiles , manum suam ad gravamina quotidiana , diversis excogitatis argumentis ad emungendam pecuniam extendit , et quotidie aggravavit . intumuit enim et excanduit ira papalis contra miseros anglos , eo quod ausi erant de oppressionibus et injuriis sibi diatim illatis conqueri in concilio . multiplicabantur autem sine intermissione in regno injuriae : et in conspectu ejus , videlicet in curia sua , viluerunt angli plusquam alii etiam ultimarum nationum . vnde fertur dixisse : expedit ut componamus cum principe ( id est , cum frederico ) ut conteramus illum regulum angliae , * vassallum nostrum jam recalcitrantem . praeterea quia dominus rex obtinuit privilegium ut non veniat legatus in regnum nisi rogatus , misit quosdam sophisticos legatos et transformatos , habentes potestatem magnam in extorquendis redditibus et pecunia , et in omnibus , legatis proterviores , licet insignia legatorum non haberent , nunc clericos , nunc fratres praedicatores , nunc minores : de quibus papa fecit suos bedellos et thelonearios , in laesionem et detrimentum ordinis et professionis eorum , qui spontaneam paupertatem et humilitatem deo vovendo promiserunt . unde quamplures eorum , sanas habentes conscientias , praecordialiter suspirantes doluerunt , dicentes : heu quam cito , invidente diabolo , noster ordo desipit ! per mille annos ordo sancti benedicti tantum non suscepit detrimentum . misit etiam dominus papa manum ad ulteriora , ut scilicet bona sine testamento decedentium , non sine principum injuria et jactura , in gremio suae avaritiae amplecteretur : etiamsi infirmus , propter imbecillitatem non potens vel nolens loqui , pro se relinqueret testatorem , quae injuria et leges dicitur contraire . praeterea , quod est inauditum , davidis , nepotis ac vassalli domini regis angliae , * terram sibi injuriose usurpavit , sub gravi tri●uto possidendam . et citari fecit dominum regem , ut eidem davidi satisfacturus super quibusdam , ut dicebat , injuriis sibi ab eodem rege illatis responderet : in multorum sannam , et sibilum , et derisiones . et citò post memoratus david medio sublatus , in morte sua paucos pro proditione sua meruit habere lamentatores . convenerunt igitur ( ut praeceptum urgebat regium ) magnates angliae universaliter , ut de praedictis efficax confilium haberent & festinum , prout necessitas non levis nec mediocris postulavit . medio verò quadragesimae , videlicet die qua cantatur laetare jerusalem ▪ edicto regio convocata , convenit ad parliamentum generalissimum , totius regni anglicana totalis nobilitas londini ; videlicet praelatorum tam abbatum & priorum quàm episcoporum ; comitum quoque & baronum ; ut de statu regni jam vacillantis , efficaciter , prout exegit urgens necessitas , contrectarent . angebat enim eos gravamen intolerabile , a curia romana incessanter illatum ; quod non poterant sine nota desidiae , et imminente ruina tolerare . qui eo anxius mentibus sauciabantur , quod papa promissionis suae transgressor , gravius quam ante eorum querimoniam manum diatim exasperans , aggravabat . haec enim ejus promissa in concilio lugdunensi extiterunt . innocentius , &c. vniversis tam cathedralium quàm aliorum praelatis , necnon patronis ecclesiarum clericis & laicis , per regnum angliae constitutis , salutem & apostolicam benedictionem . cum noluerimus per nos , aut alios , auctoritate nostra vobis inferri gravamina , sed à quorumlibet molestiis defendere vos potius , ut ad nos pertinet , intendamus , praesentium tenore vobis innotescat , quod si dilectus filius magister martinus camerae nostrae clericus , de mandato nostro aliquos vestrum à collatione beneficiorum seu praesentatione suspenderit , suspensionem hujusmodi , nisi specialiter pro certis personis , quas duodenario tamen numero comprehendi volumus , facta fuerit , duximus relaxandam : ita quod inter ipsas personas , illae quibus jam aliqua de praedictis beneficiis sunt collata , vel quae super obtinendis eisdem literas ab ipsorum patronis ▪ vel eis ad quos illorum collatio spectat , habent , minimè computentur . innocentius , &c. venerabilibus fratribus , archiepiscopis & episcopis , per regnum anglorum constitutis , salutem & apostolicam benedictionem . cum sedes apostolica illo affectu anglicos prosequatur , ut ipsos inter alios confilios multiplici favore proponat attollere , ac speciali dono gratiae honorare ; magno desiderio cupimus , eosdem anglicos devotionis studio perseveranter insistere , ac laudabiliter exercitio proficere bonitatis , ut accepti & digni meritò inter caeteros habeantur . hinc est quod universitatem vestram monemus , rogamus & hortamur , auctoritate apostolica mandantes , quatenus vestrarum civitatum & diocaesum clericos , & eos qui ascribi desiderant militiae clericali , praesertim nobilium & magnatum filios , attentis & sedulis exhortationibus inducatis , ut honestati morum , scientiae literarum & virtutum cultui ferventer intendant , studentes omni diligentia se gratos & idoneos exhibere , ac sedis praedictae gratiam , aliorumque benevolentiam , probitatis merito vendicare . nos enim parati sumus clericis angliae bene meritis , provisionis ecclesiasticae dexteram liberaliter aperire ; ac etiam cum illis , quos velut nobiliores et probiores , ampliori gratia noverimus esse dignos , super beneficiorum pluralitate honorifice dispensare . a subtil policy to retain the power of provisions , and such dispensations complained against , in his own hands . innocentius , &c. vniversis archiepiscopis & episcopis per regnum angliae constitutis , salutem & apostolicam benedictionem . vestra meretur devotio , ut vos apostolica sedes opportuno favore muniat , & gratiae privilegio efferat specialis . hinc est , quod nos vestris supplicationibus inclinati , volentes jura vestra illaesa servari , universitatem vestram monemus , rogamus , & hortamur , auctoritate apostolica mandantes ; ut beneficia ecclesiastica , ad collationem vestram spectantia , cum ea vacare contigerint , personis idoneis conferre , quae velint & possint in eis utiliter deservire , absque cujuslibet contradictionis obstaculo , libere ; prout ad vos pertinet , auctoritate praedicta , indulgemus . nulli ergo hominum , &c. innocentius , &c. dilectis filiis , ecclesiarum universarum patronis , per regnum angliae constitutis , salutem & apostolicam benedictionem . fervens anglorum meretur devotio , ut eos apostolica sedes , tanquam speciales filios , brachiis maternae affectionis amplectens , & favore ipsos muniat opportuno , ac efferat gratiae privilegio potioris . hinc est , quod nos vestris supplicationibus inclinati , volentes jura vestra illaesa servari ; ut ad ecclesiastica beneficia , in quibus jus habetis patronatus , cum eas vacare contigerit , praesentare illos , ad quos eorundem beneficiorum spectat collatio , personas idoneas , quae velint & possint in eis utiliter deservire , absque cujuslibet contradictionis obstaculo , libere , prout ad vos pertinet , auctoritate praedicta , indulgemus . nulli ergo hominum , &c. innocentius , &c. illustri regi angliae , &c. excellentiae tuae praesentium tenore innotescat , quod licet crucesignati in subsidium terrae sanctae , sint in multis exempti ; nolumus tamen hujusmodi crucesignatos regni tui , quoad solitas ejusdem regni consuctudines exemptos haberi , quineas teneantur , sicut alii , observare . innocentius , &c. illustri regi angliae , &c. excellentiae tuae praesentium tenore innotescat , quod cum nuper sacro approbante concilio , vicesimam omnium ecclesiasticorum proventuum in subsidium terrae sanctae , ac medietatem hujusmodi proventuum quarundam ecclesiarum , personarum quarundam verò tertiam , & aliquarum vicesimam , in succursum imperii romani statuerimus deputandas , ( prout in constitutionibus super hoc editis expressius continetur ) nuncii tui , quos ad praedictum concilium destinasti , pro tuo totiusque regni tui parte , hujusmodi constitutionibus in eodem concilio contradicere curaverunt . causa autem contradictionis haec fuit , quia scilicet decreverat papa censum colligendi fore tradendum cui ipse volebat , quod suspectum fuit . iterum eidem regi , praesentium tenore magnitudini tuae notum fieri volumus , quod etsi hactenus fortè aliquibus ecclesiarum praelatis , ut beneficia ecclesiastica , quae in regno tuo ante suam promotionem habuerant , * possent usque ad certum tempus libere retinere , fuerit ab apostolica sede concessum , de caetero tamen non intendimus aliquibus similia indulgere . praeterea unum privilegium , ne scilicet italicus italico immediate succedat , et hoc impetratum est propter fraudes eorum , qui mortuis beneficiatis , alios furtim supponebant , sed omnia haec et alia , per hoc repagulum non obstante , infirmantur : ubi ergo fides ? ubi jura , quae scriptis solebant solidari ? exularunt . such was the detestable injustice , fraud , falshood of the pope and court of rome , whereby they illuded all their oaths , bulls , concessions of just antient rights or priviledges , repugnant to their ambitious usurpations , or filthy lucre , and subverted all laws , customes , liberties of the realm , and invaded all the rights of the crown at their pleasures . convenientibus igitur ad parliamentum memoratum totius regni magnatibus , in primis aggressus est dominus rex ore proprio episcopos per se , posteà verò comites & barones , deinde autem abbates & priores . videlicet super his , pro quibus miserat nuncios suos solennes ad concilium lugdunense , & quasdam indulgentias & literas papales , praenotatas , quas dicti nuncii reportarunt , eis ostendit , & qualiter dominus papa dictis nunciis , pro rege & regno multa bona promisit ac praemisit . sed quia dominus rex post indulgentias memoratas , dictaque promissa , magis sensit papam , prout communiter audivit , et vere postea didicit , manum aggravare , et quasi per contemptum plus solito in regnum protervire , ecclesiam opprimendo , ostendit eis articulos super gravaminibus et oppressionibus ecclesiae et regni sui , quorum tenor talis est . gravatur regnum angliae , eo quod dominus papa non est contentus subsidio illo quod vocatur denarius beati petri , sed a toto clero angliae gravem extorquet contributionem , et adhuc multa graviora nititur extorquere , et hoc fecit sine domini regis assensu vel consensu , contra antiquas consuetudines , libertates , et regni jura , et contra appellationem et contradictionem procuratorum regis et regni , in generali concilio factam . item , gravatur ecclesia et regnum , eo quod patroni ecclesiarum ad eas cum vacaverint clericos idoneos praesentare non possunt , prout dominus papa per literas suas eis concessit , sed conferuntur ecclesiae romanis , qui penitus idioma regni ignorant in periculum animarum , et extra regnum pecuniam asportant ; illud ultra modum depauperando . item , gravatur in provisionibus a domino papa factis , in pensionibus exigendis , contra literarum suarum tenorem . in quibus continetur , quod ex omnibus retentionibus factis in anglia non intendebat conferre nifi beneficia post praedictarum confectionem literarum ; sed credimus , multa plura beneficia ab eodem postea esse collata et provisiones factas . item , gravatur quod italicus italico succedit , et quod anglici extra regnum in causis auctoritate apostolica trahuntur contra regni consuetudines , contra jura scripta , quod inter inimicos conveniri non debent , et contra indulgentias a praedecessoribus domini papae regi et regno angliae concessas . item , gravatur ex multiplici adventu illius infamis nuncii , non obstante , per quem juramenti religio , consuetudines antiquae , scripturarum vigor , concessionum auctoritas statuta , jura et privilegia debilitantur et evanescunt , quod infiniti de regno angliae oppressi sunt graviter et afflicti , nec se dominus papa versus regnum angliae in plenitudine suae potestatis revocanda , curialiter ita vel moderate gerit , prout procuratoribus regni ore tenus dederat in promissis . i em , gravatur in talliis generalibus collectis et assisis sine regis assensu et voluntate factis , contra appellationem et contradictionem procuratorum regis , et universitatis angliae . item , gravatur eo quod in beneficiis italicorum , nec jura , nec pauperum sustentatio , nec hospitalitas , nec divini verbi praedicatio , nec ecclesiarum utilis ornatus , nec animarum cura , nec in ecclesiis divina fiunt obsequia , prout decet , et moris est patriae , sed in aedificiis suis parietes cum tectis corruunt , et penitus lacerantur . haec autem attendentes universi ac singuli , unanimiter consenserunt , ut adhuc ob reverentiam sedis apostolicae , domino papae humiliter ac devote , tam per epistolas , quam per solennes nuncios supplicarent , ut tam intolerabilia gravamina et jugum subtraheret importabile . scripserunt igitur domino papae in haec verba . the archbp. and his suffragans , writ and sent an epistle to the pope by themselves : the abbots , priors and covents of the provinces of canterbury and yorke by themselves ; the nobles and universality of the people and clergy of england by themselves , and the king by himself . the archbishops and his suffragans letter runs in these words . reverendo in christo patri , innocentio , dei gratiâ summo pontifici , episcopi cantuariensis provinciae suffraganei , cum recommendatione pedum oscula beatorum . sedis apostolica benignitas , quae nos nuper in concilio lugdunensi constitutos , in sinu honoris & specialis dilectionis collocavit , nec non ejus sublimitas , quas tot affectibus nostrae condescendit parvitati , ad zelum honoris & optatae prosperitatis sanctae matris nostrae , populipeculiaris , & spiritualium quodammodo adoptionis filiorum animos nostros , ●or , & affectus , fervore fidei & affectu sinceritatis revocant , utpote qui pro ea & ejus honoribus animo lubenti laborure disponimus , & ejus tranqui llitati pro viribus studere , ut tenemur . sanè , quanto magis in devotione optamus reperiri ferventiores , tantò profectò , nostrum populum & regnum in unitate ecclesiae matris nostrae tenemur confovere studiosiùs . quod utique absque dictae sedis adjutorio speciali , nulla prorsus via per nos poteris adimpleri . nuper siquidem cum in concilio illustris principis & domini angliae regis in media quadragesima , essemus praesentes , quaedam audivimus quae vestrae sanctitati referimus dolentes , regem scilicet & proceres , nec non populum quasi universum rodere , ac multiplicatis querimoniis murmurare , quod in collationibus beneficiorum , quae per provisores in anglia siunt incunctanter , nobilium atque aliorum vocationibus , contraeorum & regni privilegium , ad judicia extra regnum , necnon aliis plerisque molestiis , quas vestrae beatitudini , ut credimus plenius insinuare proponunt , ipsi & regnum atque populus universus jugo oppressionis intolerabilis existunt praegravati . et haec publice objurgantes proponebant in cordibus , quasi se malle mori , quam ea cum magis ac magis de die in diem pullulare videantur , diutius tolerare ; praesertim cum eadem gravamina , ipsos et eorum populum saepius , ut asserunt , ac durius affligant , promissione moderaminis , quam ipsorum procuratoribus a vestra sanctitate in supradicto concilio factam esse dicunt , jam non obstante . clamor insuper et tumultus tot et tantorum , quamvis nobis periculosus videretur , et ad diu tolerandum gravis , tamen per nos , qui ad hoc diligentia qua novimus laborare curavimus , ulla prorsus ratione nequiverat sedari . sanè cùm haec si procedant , dolorum initia & multorum malorum in anglia , ut perpendimus & timemus , erunt fomenta , pedibus vestrae sanctitatis lachrymosis precibus prostrati deprecamur : quatenus fidei anglicanae fervor em attendentes , et quod idem regnum sacrosanctae romanae ecclesiae specialiter extiterit devotum , turbationem ejusdem regni paterno occurrentes solatio , illis de regno in his quae ad salutem et tranquillitatem pertinent ipsorum , ob dei reverentiam prospicere velitis . et nos eosdem quorum sitimus salutem & quietem , sic in unitate fidei , & devotione ecclesiae studebimus conservare , quod deo & ecclesiae nec non vobis , pater reverende , christo propitio , cedat ad honorem . ad hoc placeat sanctitati vestrae praefati principis nostri , & fratris ejusdem comitis cornubiae , animos sub honestatis forma pacificare , qui in facto pro invicem , se fore proponunt , non modicum gravatos , & causam asserunt gravaminis memorati , favorem ecclesiae romanae parti adversae nimis attributum . the epistle of the abbots , priors and covents of england to the pope ran in this stile . sanctissimo patri ac domini in christo charis . innocentio dei gratiâ universalis ecclesiae summo pontifici , devoti filii sui abbates & priores , eorumque conventus provinciae cantuariensis & eboracensis , salutem & pedum oscula beatorum . divinae providentia majestatis in numero , pondere , & mensura disponens universa , ecclesiae sponsae suae sic jecit in petra solida fundamentum , ut super structura stabilis fundamenti caemento sanguinis filii sui fortius solidati , facilius & faelicius surgeret paries erigendus . ecclesia quidem universalis , quià sanguine christi , qui plus clamat veniam , quam vindictam , sic suo sponso disponenti sub uno patre regitur ac pastore , sicut arca in catalysmo regebatur in cubito consummata . sanè christus , dei virtus & sapientia , ecclesiam universalem , tanquam sponsam universalem , tanquam sponsam unicam , sibi copulavit , quia una est columba sua , electa sua , quae licet in particulares sit divisa , non tamen esse debet à cultu divino discrepans aut diversa : ecclesia quidem anglicana se semper sponso suo , qui cum ea traxit in utero virginali absque macula sive ruga , incessanter exhibuit gloriosam . de civitate enim dei , scilicet ecclesiae anglicanae , usque ad tempora novissima dicta sunt gloriosa , quae sacrosanctae romanae ecclesiae membrum speciale , mons libani , decor carmeli & saron , iu divinis obsequiis frequens ac sollicita , cum caudore munditiae , tanquam aquam cor effundens puras ad deum levat manus , orationis thura ad consistorium trinitatis jugiter dirigendo . licet autem divinis obsequiis sit intenta non modicum , condolet , tristatur , turbatur , propter exactiones , oppressiones , et tribulationes multimodas , qua invenerunt eam nimis . quia , ut ex assertione magnatum , necnon et clamore populari accepimus , ventus irruens a deserto quatuor ipsius angulos , tanquam domum iob , vehementer impulit et concussit . vnde ipsa plausum in planctum , et laetitiam commutavit in lamentum , quia anima ejus in amaritudine est , nisi per vestrae gratiam majestatis , caput ipsius jam demissum , sublimius elevetur . ad vos igitur , pater reverende , tanquam ad columnam , quam fixit deus & non homo , ecclesia anglicana recurrit ; confidenter sperans in domino , qui facit bonitatem , quod contra oppressiones ipsius salubrem adhibebitis medicinam , et per justitiam , quae de caeloprospexit , mediante dei et hominis unione , unicuique jus suum tribuetis , et in sua justitia conservabitis universos . cum igitur simus sacrosanctae ecclesiae filii fideles ac devoti , ut jacula minus laedant , praevisa , sedi apostolicae duximus intimanda , videntes eidem multiplex periculum imminere , et nisi in multis a vobis contingat remedium adhiberi , timendum est ne tumultus fiat in populo , scandalum oriatur , et schisma multipliciter generetur . commovetur enim populus contra regem , ab ipsius fidelitate paratus recedere , nisi contra morbos imminentes per potentiam regiam citius occurratur . asserunt enim proceres er magnates , quod si ecclesiae collatae monasteriis , ab eisdem , clericis italicis conferantur , ipsas ecclesias , et alia beneficia in proprietatem suam juste potuerunt revocare , quia ex eis fructus provenientes ad usus pauperum , et peregrinorum , debent de jure deputari , cum haec fuisset intentio conferentium , et causae conferendi . provideat ergo sanctitas vestra , ut regnum et sacerdotium nullatenus sint divisa . quia si ecclesia anglicana , quae quondam fuit posita in superbia saeculorum , secundum verbum propheticum ▪ quasi terra gigantum detrahatur in ruinam , inter regnum & sacerdotium divisione facta , gemat tam populus quam sacerdos , et er hoc strages multorum posset subsequi sine mora . de injuriis , de quibus proceres ac magnates conqueruntur , per latores praesentium poteritis edoceri , ut correctione subsequente , moeror eorum in gaudium convertatur . the epistle of the nobility and commonalty of england is thus recorded to posterity . sanctissimo , &c. devoti filii sui comes cornubiae richardus , simon de monte forti , comes legrecestriae , de boun , comes herfordiae & essexiae , r. le brigod , comes norfolkiae , r. comes wyntoniae , w. comes albamarliae , h. comes oxoniensis , et alii totius regni angliae barones , proceres et magnates , ac nobiles portuum maris habitatores , nec non et clerus , et populus universus , salutem , & debitam tanto pontifici in omnibus reverentiam . sic mater ecclesia tenetur filios suos confovere , ipsos sub alas suas congregando , ut filii sui non degenerent in obsequio matris suae , sed pro matre , si necesse fuerit , manum suam mittant ad fortia , & arma & scutum assumentes pro defensione sua cuilibet discrimini se opponat , de cujus uberibus lac sugunt consolationis , & ad ipsius dependent ubera pietatis . mater enim filiorum uteri sui debet reminisci , ne si secus fiat , lactis pabulum subtrahendo , videatur novercari . pater etia à filiis suā subtrahens pietatem , non pater , sed vitricus meritò debet appellari , cum filios naturales , spurios reputat aut privignos . idcirco pater reverende , currus israel & auriga ejus , ad asylū vestrae pietatis recurrimus confidenter , clamantes post vos . implorantes etiā humiliter & devotè , quatenus ob spem retributionis divinae , voces clamantium post vos dignemini misericorditer exaudire , et gravaminibus , injuriis ▪ et oppressionibus regno angliae , et domino nostro regi multipliciter impositis ac illatis , velitis salubre remedium adhibere . alioquin necesse est ut veniant scandala , clamore populi tam daminum regem quam nos intolerabiliter impellente . quoniam nisi de gravaminibus domino regi et regno illacis , rex et regnum citius liberentur , oportebit nos ponere murum pro domo domini , et libertate regni . quod quidem ob apostolicae sedis reverentiam hucusque facere distulimus , nec ultra reditum nunciorum nostrorum , qui propter hoc ad sedem apostolicam mittuntur , dissimulare poterimus quin regni angliae tam clero quam populo , qui talia nullatenus , sustinebunt , pro viribus nostris subveniamus . et nisi citius praedicta per vos corrigantur , pro certo teneat vestra sanctitas , quod non immerito timeri potest , quod tam ecclesiae romanae , quam domino regi tale periculum imminebit , quod eidem reme dium , quod absit , de facili non poterit adhiberi . a discreet heroick letter and resolution in that age , worthy the gallantry , piety and prudence of the oppressed english nation . these letters were backed with two more epistles from the king himself , the one to the pope , the other to his cardinals , in these words . sanctissimo , &c. novit ille qui nihil ignorat , quòd matrem nostram romanam ecclesiam semper habemus in visceribus dilectionis sincerae , sicut eam quam non dilige●● valemus , & ad quam imminentibus necessit at is articulis , ut filius ad matrem , quem suis lactavit uberibus , fovere tenetur , sub sua protectione specialiter militantem , confugimus confidenter . uerum clamorem incomparabilem magnatum angliae tam cleri quam populi non possumus obaudire , quantumcunque dilectionis affectionem erga dictam matrem nostram gerimus et gerere jugiter per dei gratiam intendamus . dicti namque magnates magis solito invaluere clamantes , ut nos ab oppressionibus alias per nuncios suos sollemnes vobis ostensis , quae sicut fuerunt , novissima magis gravant majestas regia faceret liberari . quapropter cùm dicti magnates ad praesentiam nostram meritò destinent nuncios speciales , sanctitati vestrae supplicamus attentè , ut eorum supplicationibu taliter velitis annuere , quòd tam matri nostrae quàm vobis filios nos reddatis benevolos & devotos . ne si secus agatur , ecclesia romana , et nos in tali simus periculo constituti ( quod avertere dignetur sua misericordia deus mediante ) quod nos oporteat in perpetuum subjacere . venerabilibus in christo patribus universis & singulis , dei gratia sanctae romanae ecclesiae cardinalibus , h. ejusdem gratia rex angliae , &c. salutem & sincerae dilectionis affectum . quantumcunque romanam ecclesiam diligamus , & ipsius affectemus commodum & honorem , clamorem magnatum nostrorum angliae tam cleri quam populi , qui magis solito invaluere , clamantes super oppressionibus , tam domino papae quam vobis alia significatis per sollemnes nuncios eorundem , dissimulando non possumus pertransire . quapropter ipsi domino papae supplicant humiliter & devotè , ut justis supplicationibus corum ei faciendis per nuntios iteratos taliter condescendat , quod ipsos dictae ecclesiae & nobis reddat magis favorabiles & devotos , & à fidelitate vestra nullatenus alienos . paternitatis etiam vestrae dilectionem attentè rogamus , quotenus partes vestras velitis interponere diligenter , ut iterati nuncii dictorum magnatum à domino papa & vobis possint taliter exaudiri , quod praefatae ecclesiae et nobis non videatur periculum imminere , cui nos oporteat in perpetuum subjacere , quod timetur non medicum ab universis et singulis regni nostri . teste meipso apud westmonast . vigesimo octavo die martii anno regni nostri trigesimo . cum autem dominut rex supra praedictis oppressionibus quotidiè supervenientibus , ( de quibus querelae multiplicabantur circumquaque ) accesserunt multi per curiam romanam enormiter laesi et damnificati , sperantes dominum regem et suos in concepto proposito firmiter permansuros , multas injurias sibi illatas ad recentem memoriam regis et regii consilii conquerendo suscitarunt . et quaedam quae priùs non recolebantur , per querulos articulos articulis prioribus addebantur injuriae , non minimum regi et regno derogantes . in hunc modum : nuper etiam ab apostolica sede emanarunt literae , non modicum regis et regni praejudicium continentes . videlicet , quod aliqui praelati decem milites strenuos , etiam aliqui quinque , & aliqui quindecim invenirent domino papae , qui in servitio ecclesiae romanae starent per annum integrum , & praelatorum stipendiis militarent , cum equis & armis sufficienter instructi , ubi dominus papa duxerit providendum . quod servitium militare nulli nisi soli regi et regni principibus debetur , nec ab aliquo usque ad nostra tempora , aliquo tempore exactum fuisse recolitur . et si summo pontifici placuisset , absque assensu regio hujusmodi exactionem fecisse , aut proea non modicam redemptionem recepisse , nullatenus debuisset . praeterea , ne dominus rex contra hoc sibi prospicere potuisset , fraudulenter fuit à quibusdam nunciis ecclesiae provisum , & singulis praelatis ab eisdem mandatum , quod hujusmodi exactionem et pro ea gravem redemptionem receptam , usque ad dimidium annum , sub poena excommuaicationis , nulli omnino revelarent . item , in universorum & singulorum patronorum ecclesiarum angliae , praejudicium non modicum & gravamen , his diebus domino cantuariensi concessum est , ut obventiones sive fructus unius anni beneficiorum , quae vacare contigerint in provincia cantuariensi , eidem domino cantuariensi conferantur . such were the daring insolencies , and strange new encroachments of this usurping warlike pope , upon the church , clergy , and crown of england ; quite contrary to christs doctrine , mat. . , . tit. . . tim. . , . gal. . . ephes . . , to . to which he superadded these avaritious demands . eisdemque diebus , dominus papa videns in aliquorum anglicorum ornamentis ecclesiasticis , utpote in capis choralibus & infulis , aurifrisia concupiscibilia , interrogavit , ubinam facta fuissent ? cui responsum est : in anglia . at ipse : uere hortus noster deliciarum est anglia . uere puteus inexhaustus est , et ubi multa abundant , de multis multa possunt extorqueri . unde idem dominus papa , concupiscentia illectus oculorum , literas suas bullatas sacras misit ad omnes ferè cisterciensis ordinis abbates in anglia commorantes , quorum orationibus se nuper in capitulo cisterciensi commendaverat , ut ipsi aurifrisia , ac si pro nihilo ipsa possent adquirere , mittere non differrent praeelecta , ad planetas et capas suas chorales adornandas quod mercenariis . londinensibus , qui ea venalia habebant , non displicuit , ad placitum vendentibus : unde multi manifestam avaritiam romanae eeclesiae detestabantur . eodemque tempore , cum audisset dominus papa , qualiter quidam in anglia opulenti clerici , videlicet magister robertus de hailes , archidiaconus lincolniensis , qui paucis elapsis annis obierat intestatus , plura millia marcarum , cum vasis multis argenteis , saeculo & saecularibus infoeliciter dimiserat : archidiaconusque bedefordiae almaricus , quod pecunia abundans maxima post se indecenter relicta , obierat . nuper quoque magister johannes de hotoff , archidiaconus northamptoniensis , morbo repentino correptus , circiter quinque millia marcarum cum triginta cuppis argenteis vel aureis & infinitis jocalibus , indecenter & improvise objisset intestatus , statutum super hoc novum et inauditum , non sine nota manifestae cupiditatis , suscitavit in anglia promulgandum ; ut si clericus ex tunc decederet intestatus , ejusdem bona in usus domini papae converterentur . quod negotium , fratribus praedicatoribus & minoribus praecepit diligenter exequendum . quod cum audisset dominus rex , detestans romanae curiae argumentosam ac multiplicem et multiformem avaritiam , hoc fieri prohibuit , comperiens illud in damnum regni , et suum redundare praejudicium . the popes agents notwithstanding the kings , nobles , bishops , abbots , and commons letters to the pope , and inhibition forementioned , presuming to levy a tax for the popes use upon the clergy , which the bishop of london and other prelates ( such was their treachery to the king , kingdom and church of england , out of flattery , servility to this usurping pope , or to gain future preferments ) promoted by their warrants and excommunications ; the king thereupon issued forth his prohibitions to inhibite the collecting thereof , thus related by matthew paris . dierum etiam ipsorum curriculis , dominus rex literas suas misit prohibitorias praelatis angliae , ne domino papae tallagium contribuerent . domino etiam abbati sancti albani , sicut & aliis , scripsit in haec verba . henricus dei gratiâ rex angliae , &c. dilecto sibi in christo abbati de s. albano , salutem . audivimus , quod venerabilis in christo pater p. londini ( episcopus ) compellit vos ad tallagium ad opus papae perselvendum . super quo miramur plurimum et movemur maxime , cum in praedicta convocatione provisum fuerat communiter per dictos praelatos et magnates , quod nihil fieret de tallagio illo ante reditum nunciorum eorum a curia romana , ad quam iidem nuncii sunt , sicut nostis , pro specialibus totius regni nostri negotiis destinati . quapropter vobis mandamus , firmiter inhibentes , quod nec ad mandatum praefati episcopi , nec alterius , aliquid attemptetis contra provisionem praedictam , sicut baroniam vestram , quam de nobis tenetis , diligitis pacifice possidere . quoniam attentationem hujusmodi , non possumus nec volumus sustinere . teste meipso apud westm . primo die aprilis , anno regni nostri trigesimo . notwithstanding these unsatiable roman harpies proceeded boldly in their rapines , without shame or moderation . et ne miseranda afflictorum anglorum cessaret tribulatio , infra eosdem dies exegit dominus papa instantissimè non sub minima quantitate pecuniam , ponens brachium confidentiae in auro et argento , contempta domini regis angliae , ac universitatis ejusdem regni praecordialiter scribentium , et de talibus exactionibus conquerentium , lachrymabili querimonia , spretoque illo sapientiae salubri documento : beatus vir qui post aurum non abiit , nec speravit in pecuniae thesauris . constituit executores in praedicto tallagio exigendo , extorquendo , & colligendo , episcopum norwicensem walterum & quosdam alios , quos ad hoc assignavit speciales . scripsit igitur norwicensis domino abbati sancti albani , sicut & quibusdam aliis in haec verba , epistolam papalem continentia . walterus dei gratiâ norwicensis episcopus , viris venerabilibus abbati & conventui sancti albani , salutem sempiternam . mandatum domini papae in haec verba suscepimus . innocentius episcopus , servus servorum dei , venerabilibus fratribus wintoniensi & norwicensi episcopis , salutem & apostolicam benedictionem . olim , sicut benè meminimus , vobis & venerabilibus fratribus nostris , lincolniensi , wigorniensi , londinensi & coventriae episcopis scripsimus sub hac forma . cum nuper priusquam à praesentia nostra in angliam rediretis , una vobiscum duxerimus ordinandum , ut sex millium marcarum subsidium , quod ab ecclesiis anglicanis pro apostolica sede fuerat postulatum , inter episcopatus angliae dividere curaretis pro vestrae arbitrio voluntatis , fraternitati vestrae per apostolica scripta mandamus , quatenus quicquid inde feceritis , vel jam fortè fecistis , nobis per liter as vestras latori praesentium assignandas exprimendo , tempus solutionis & locum studeat is quám citius intimare . quod si non omnes his exequendis poteritis interesse , saltem tres vel duo vestrum ea nihilominus exequantur . quia hic nihil est postmodum nostris auribus intimatum , fraternitatem vestram , de qua fiduciam gerimus specialem , movemus attentè , ac per apostolica vobis scripta firmiter praecipiendo mandamus , quatenus episcopos memoratos , qui praesentes fuerint in partibus anglicanis , receptis istis literis , admonentes & eisdem authoritate nostra mandantes , ut vicesima die post susceptionem praesentium in certo loco , quem vos duxeritis eligendum , vobiscum pro divisione conveniant praeliberata , et cum illis * episcopis , quos eodem die ibidem contigerit convenire , distributionem hujusmodi priusquam ab illo loco recesseritis , facere procuretis . si verò ipsis aut nullo convenientibus eorundem , non fuerit super negotio praenominato processum , ex tunc infra unius mensis spatium praescriptam subsidii quantitatem ; faciatis vobis vel nunciis vestris ad opus apostolicae sedis in loco quem elegeritis assignari , juxta ordinationem per dilectum filium nostrum magistrum martinum , camerae nostrae clericum , authoritate nostra in illis partibus quondam factam , quam ad praesens sub bulla nostra vobis duximus destinandam . contradictores , per censuram ecclesiasticam appellatione postposita compescendo , indulgentia quacunque vel privilegio quolibet aut constitutione de duabus dietis , in generali concilio edita , non obstante . quicquid hactenus factum est , vel fuerit in hac parte , nobis absque morae dispendio per dilectum filium linasium scriptorem nostrum , latorem praesentium , rescripturi : proviso , quod super praemissis illam solicitudinem habeatis , quod non possitis exinde de negligentia reprehendi , sed potius de diligentia commendari . quod si non ambo his ex●quendis poteritis interesse , alter vestrum nihilominus ea exequatur . hujus igitur authoritate mandati , v●stram in domino monemus & exhortamur fraternitatem , vobis in virtute obedientiae , qua sedi apostolicae tenemini , firmiter injungentes , quatenus de portione praefati domini papae subsidii vobis assignata , nunciis nostris literas vestras patentes super solutione ejusdem deferentibus apud novum templum londini , à die paschae in tres septimanas satisfaciatis , talem in facto praesenti adhibentes diligentiam , ut devotionem vestram summo pontifici merito debeamus commendare . est autem portio vestra , octoginta marcarum esterlingarum . valete semper in domino . datum londini , non calendarum ap ilis , anno domini . nos soli scribimus , quia venerabilis frater wintoniensis episcopus , collega noster , ad tempus se excusavit . being affraid or ashamed to joyne in such an unworthy illegal papal exaction with his brother bishops . hoc autem mandatum cum ad aures praelatorum , necnon & magnatum pervenisset , corda omnium audientium , vehementer non immerito medullitus exturbavit . maxime eo , quod nuncii universitatis angliae super talibus gravaminibus , in concilio lugdunensi conquesti fuerant : et postea in anglia in parliamento regis , ubi congregata fuerat totius regni tam cleri quam militiae generalis universitas , deliberatum fuerit , ut ob reverentiam domini papae , adhuc nuncius totius illius universitatis ad ipsius papae praesentiam destinaretur , ut manum correctionis talibus apponeret injuriis , non pondus oppressionis . obstupefacti sunt igitur inopinabiliter , quia cum crederent levamen , spe frustrata , tale gravamen reportarunt . haec igitur cum ad audientiam regis pervenissent , in iram et admirationem excanduit et indignatus est vehementer , et episcopis angliae scripsit in haec verba . henricus dei gratiâ , &c. venerabili in christo , tali episcopo , salutem . licet aliàs vobis scripserimus , semel , secundò & tertiò , tam per literas nostras clausas , quàm patentes , ne ad opus domini papae vel alterius tallagium aliquod vel auxilium exigeritis a viris religiosis , clericis vel laicis , cum nullum hujusmodi tallagium vel auxilium exigi possit vel consueverit , sine magno praejudicio regiae dignitatis , quod nullo modo poterimus aut volumus sustinere : vos tamen mandatum nostrum in hac parte ▪ contemnentes , contra provisionem per magnates nostros , tam praelatos quam comites et barones factam in concilio nostro londine●si , et concessam exactionem faciatis me moratam . super quo miramur plurimum et movemur , praesertim cum facto vestro proprio non erubescitis contraire , cum vos et alii praelati in praedicto concilio communiter concesseritis , quod nihil de exactione hujusmodi faceretis , donec nuncii nostri et vestri necnon et aliorum magnatum nostrorum et totius universitatis regni nostri a curia romana redirent , qui pro liberatione oppressionum , ad curiam illam , si cut nostis , fuerant specialiter destinati . vobis igitur mandatis inculcatis mandamus injungentes , firmius et districtius inhibentes , ne ad exactionem praedicti tallagii vel auxilii faciendam aliquatenus procedatis , sicut gaudere desideratis baronia vestra , et possessionibus vestris , quas in regno nostro tenetis . et si quid inde cepistis , extra regnum nostrum asportari nullatenus permittatis , sed illud salvo custodiri faciatis usque ad reditum nunciorum praedictorum indubitanter scituri , quod si secus egeritis , nos ad possessiones vestras manum gravaminis , ultra quam credere velitis , extendemus . hanc autem inhibitionem , vobis injungimus faciendam archidiaconis et officialibus vestris , quam quidem pro libertate cleri et populi facimus , novit deus , &c. ; a memorable heroick writ and inhibition . in bivio igitur angustiarum constituta anglicana ecclesia , quasi inter duas molas e contrario circumvolventes , miserabiliter conterebatur ; hinc scylla , inde charybdis timebatur . rex inde hac parte ad regni salvationem et instaurationem , consilio fretus et roboratus generali , nitebatur : papa ad ejusdem depauperationem anhelabat ; utrique utroque jam eminus adversante . multi itaque praelatorum , timentes regis in hoc suo concepto proposito instabilitatem , et consilii regii pusillanimitatem , partem papalem confovebant : ( such was their baseness , treachery to their king , country , church , and proper interests . ) licet nunquam vidissent , quod per tales pecuniae effusiones , ecclesia foelix susciperet incrementum , imo potius infaustum incurreret detrimentum . the king to prevent these intollerable papal usurpations , exactions , presumptions , innovations , ( which sundry of the bishops and clergy promoted to ingratiate themselves with the pope , to their eternal infamy ) summoned a great counsil of his nobles at wynton , anno . thus recorded by matthew paris . die verò translationis beati thomae martyris , habitum est magnum concilinm inter regem et regni magnates apud wyntoniam , super multiplici regni totius et maxime ecclesiae dissolutione . venerant enim qui missi ad curiam romanam fuerant nuncii memorati , videlicet magister willielmus de povuic & henricus de la mare , verba papalia , quae nihil mitigationis , imò potius exasperationis tenorem continebant ; nunciantes , & affirmantes , quod nec in gestu vel verbis papalibus , aliquid humilitatis vel moderationis super oppressionibus , quibus tam regnum quam ecclesia anglcana gravabatur et conquesta est , poterant reperire . dixerat enim papa , illis aliquod optabile responsum expectantibus : rex anglorum qui jam recalcitrat et frederizat , suum habet consilium , ego vero meum habeo , quod et sequor . et ex tunc vix aliquis anglicus in curia negotium aliquod poterat expedire . imo velut schismatici repellebantur omnes probris lacessiti . ita ut nullam habuerunt efficaciam epistolae tot et tales ad curiam missae ex parte regis , vel universitatis tam magnatum quam praelatorum . haec autem cum audisset dominus rex cum magnatibus suis , doluit , & indignatus ac commotus est vehementer quod ipse & nobiles sui , qui tot bona curiae romanae gratanter toties contulerant , in sua justa petitione sunt repulsi . fecit igitur dominus rex & merito praecepitque voce praeconia , in omnibus comitatibus regni sui per omnes civitates , burgos , villas & fora , & congregationes , publicè acclamari , ne quis praelatus , vel clericus , vel alius per regnum papali contributioni consentiret , vel aliquid pecuniae in auxilium ejus transmitteret , vel mandato papali in contribuendis auxiliis pareret aliquatenus . quod factum est . illud autem cum audisset papa , in vehementem iram excanduit , et iterato asperius , praelatis scripsit anglicanis , ut sub poena excommunicationis et suspensonis infra festum assumptionis , nuncio suo apud novum templum londini commoranti de praedicto auxilio satisfacerent . et cum constanter pararetur , & sperabatur igiter certissimè quod dominus rex incaepto suo proposito constanter staret , pro regni et ecclesiae liberatione , papalibus extorsionibus , ut coepit viriliter resistendo , comminationibus comitis richardi fratris sui , sibilis ambitiosorum clericorum consiliariorum suorum , et quorundam papalium episcoporum , quorum principalis erat wigorniensis , cui a domino papa concessa fuit potestas , terram etiam , ut perhibeatur interdicendi , quorum consiliis dominus rex se plus aequo inclinavit , eadem qua concepta fuit enervata est constantia levitate : minas papales adeo pertinescebat rex et trepidavit timore , ubi non erat : quia quae jam susceperat viriliter , muliebriter dereliquit , fractus succubuit et perterritus . unde totus conatus tàm magnatum quàm episcoporum , & spes de regni & ecclesiae anglicanae liberatione miserabiliter & non sine multorum cordium cruento dolore , emarcut adnihilatus ; et totus iste apparatus quasi nebula à facie solis evanuit coruscantis , & impunè hiatibus romanae avaritiae de memorata contributione est satisfactum . haec tamen , licet infructuosa sint ( addes * matthew westminster . ) duxi scribenda , ut posteris innotescat vacillantis regni divisio , & anglorum nobilium ( he should rather have added episcoporum papalium & ambitiosorum clericorum , who seduced , traversed the king and nobles to this unworthy compliance with the pope as he records ) corda mutantia , & regis inconstantia muliebris . et ut pestis mundum concuteret generalis regnum franciae consimili vulnere gemuit sauciatum , unde multi nobilium cogitabant contra papam stando recalcitrare , ut sequens sermo plenius declarabit . magister autem walterus de occa , clericus frederici , credens sicut & dominus suus fredericus quod dominus rex angliae in suo proposito firmiter permaneret , videlicet importunitati romanae curiae viriliter resisteret , ipsi regi quasi ad consolationem & formidinis amotionem , epistolam duxit transmittendam ; there recorded . eisdem diebus ( through the bishops and clergies treachery , cowardize and ill counsell ) enervatus est regis rigor , quem viriliter conceperat , ut protervitatem romanae curiae constanter , ut sperabatur , & firmiter credebatur , potenter refraenaret . et hoc , ut veraciter dicebatur , consiliis eorum qui optimos redditus suos amittere per papalem indignationem vehementer formidabant : quae enim nimis praecordialiter amabant , elabi verebantur , secundum illud poeticum : res est solliciti plena timoris amor . aversis igitur oculis et clausis auribus dominus rex , ad arbitrium voluntarium romanorum regni sui et reipublicae inimicorum permisit licenter ecclesiam anglicanam sex millibus marcarum , ad magnam totius regionis nostrae depauperationem , spoliari . quas asportantes nuncii ac mercatores papales in auxilium landegravii , insidias frederici non penitus evaserunt . qui graviter redarguit anglicos effoeminatos , qui se ipsis de pauperatis omne genus hominum tolerant saginari , gravemque de comitis richardi effoeminata conniventia , et super hoc consensu reposuit coram suis commilitonibus querimoniam : qui in regni anglicani perniciem , parti papali videbatur consensisse et in imperii detrimentum , eo quod de crucesignatorum collectis substantiolis , permittente papa , thesauros non minimos exaggeravit . crevit igitur romanorum audax protervia tanto procacius , quanto nullum in rapinis suis senserant contradictorem . fugant fugentes , et fugiunt fugantes . decrevitque anglorum suppeditatorum , quorum inimici sunt judices , spes cum consolatione . saevientibus eodem tempore mundi maris turbinibus , cum audisset papa , quod dominus rex angliae parabatur animo sè exactionibus suis contradicendo resistere , quia nec advenerant nuntii , qui effoeminatam formidinem suam et incurvationem ipsius nunciarent , in iram magnam excanduit vehementer , et regnum angliae ulciscendo supponere proposuit interdicto . cui talia infrunito spiritu proponenti , se magister johannes natione anglicus monachus cisterciensis ordinis & cardinalis , opposuit , dicens : domine pro deo parcatis irae vestrae , si dicere licet , indiscretae , fraenoque temperantiae motus voluntarios compescatis , considerantes quoniam dies mali sunt . terra sancta patet discrimini , graeca ecclesia recessit à nobis , adversatur nobis fredericus , quo non est potentior , imò nec par inter principes christianorum . vos & nos , qui culmen sumus ecclesiae , à sede papali , imò ab ipsa urbe , imò ab italia exulamus expulsi . hungaria cum suis terris sibi conterminis , nihil aliud , nisi à tartaris expectat exterminium . alemannia suis bellis concutitur intestinis . hispania usque ad abscisionem linguarum episcopalium desaevit . francia usque ad egestatem per nos jam depauperatur , quae etiam in nos conspiravit . anglia nostris injuriis multoties laesa , quasi asina balaam , calcaribus et fustibus caesa , tandem loquitur et obloquitur , et se nimis intolerabiliter conqueritur fatigatam , et irrestaurabiliter damnificatam . ismaletico igitur more omnibus odiosi , omnes ad odium provocamus . et cùm nec ad haec verba mens papalis contrita ad compassionem vel humilitatem inclinaretur , quin ad poenam & ultionem inflammaretur , advenerunt nuncii ab anglia , animum papalem emolumentis inhiantem mitigantes : & affirmantes , quòd per amicos suos specialissimos in anglia ( quos non licet mihi haec scribenti ad praesens nominare ) incurvatus est animus regis , ut quod optat effectui celeri mancipetur , unde gaudium vultum & animum mirificè serenavit . assumens igitur ex praeteritis audaciam dominus papa , miseros anglos conculcandi et conculcatos magis ac magis depauperaret apporiandi , vidensque eos dissipatos et effoeminatos ; imperiose et solito imperiosius praelatis angliae demandavit , ut in anglia omnes beneficiati in suis beneficiis residentiam facientes , tertiam partem bonorum suorum domino papae conferent , non facientes residentiam , dimidiam : multis adjectis durissimis conditionibus praedictum mandatum restringentibus per illud verbum et adjectionem detestabilem , non obstante , quae omnem extinguit justitiam praehabitam . ad quod primò exequendum diligenter , episcopum constituit londinensem , ( to inslave both the church and realm , to the popes intolerable rapines . ) episcopus verò memoratus cum quibusdam aliis , quos ad hoc negotium exponendum convocaret , cum in ecclesia sancti pauli londinensi hoc in propatulo demonstravit , de hac contributione terribili tractaturus in crastino sancti andreae , omnesque audientes in stuporem commovit & dolorem ; quia quod a papa jubebatur , impossibile videbatur , et erat : et ecce supervenerunt missi ex parte domini regis , johannes de lixintona miles , et magister laurentius de sancto martino , ejusdem domini regis clericus , districte prohibentes , ne universitates anglicanae , tam execrabili mandato papae , nec illi contributioni praelocutae , et in totius regni desolationem demandatae , aliquo modo consentirent . ipsi igitur talia nunciantibus libenter paruerunt , & post omnium convocatorum murmur & appellationes , gaudenter incepta interrumpentes , omiserunt . scripsit igitur totius angliae miserabilis universitas domino papae , impossibilia et intolerabilia praecipienti , explanans & recolens , solita gravamina corda omnium graviter sauciasse : quae magister martinus domini papae clericus nuper extorserat . et sic ad horam quievit tempestas , citò tamen posteà , ut dicetur , rediviva . et ne sub silentio contradicentium verba efficacissima transeamus , ipsa huic scripto duximus inserenda . veruntamen etsi constanter responderunt , constantius & efficacius respondissent , si in verbis et actibus regis titubantibus fiduciam habuissent : ( or rather if the king , discharging his duty with sufficient diligence , constancy , courage , could have had confidence in the bishops and clergy , who betrayed , & never cordially and constantly adhered to him therein . ) the archdeacons and inferiour clergies opposition and appeal against this tax , prohibited by the king , ( wherein the bishops joyned not ) is thus recorded to posterity by matthew paris . si nota esset conditio & status regni anglicani domino papae & ejus fratribus tempore concilii , nunquam ad statutum illud promulgandum , aliqua ratione processisset . et si essent ei exposita pericula & incommoda , quae occasione hujusmodi statuti imminere possent ecclesiae anglicanae , ad hoc statuendum nullatenus moveretur . in ecclesiis enim cathedralibus ita obtentum est & observatum , quod per canonicos in eisdem residentes , quorum in quibusdam ecclesiis modica est portio de proventibus beneficiorum ecclesiasticorum , quae in diversis locis obtinent , minores clericos exhibent , & alios ecclesiae ministros , quorum portionem si contingat usque ad medietatē defalcari , peribit obsequiū ecclesiae , canonicis non valentibus exhibere , cùm ipsi canonici , tanta portione defalcata , in ecclesiis cathedralibus residere non valeant . et si in eisdē duxerint residendū , de medietate beneficiorū exteriorū nec seipsos aut etiam alios poterunt sustentare : & maximè cùm dominus papa medietatē portionis absentium , in usus terrae romanae intendat applicare , computata portione non residentis , ac si ipse resideret . nec etiam deductis oneribus aut expensis , quas circa collectionem fructuum , & alia multa fieri contingit , quibus non deductis , vix quarta pars penes canonicos remanebit . item , cùm loca religiosa per regnum angliae constituta , in proventibus de ecclesiis parochialibus sint fundata , vix & in praesenti ipsis sufficiant beneficia cum aliis possessionibus sic collata , si illorum beneficiorum medietas subtrahatur , ( to fill the popes coffers ) compelletur una medietas mendicare , aut continget hospitalitatem subtrahi , aut utrumque in aliquibus locis fieri , quòd sine scandalo & animarum periculo fieri non posset : cum aliquos ex ipsis contingeret per orbem evagari , & ejusdem evagationis praetextu in peccatum multiplex incidere , non observata sanctorum patrum regula , ad quam tenentur astricti . item , cùm in regno angliae hactenus sit obtentum & consuetudine observatum , ut rectores ecclesiarum parochialium hucusque , valdè hospitales extiterunt , & parochianis ad inopiam vergentibus alimenta praebere consueverunt , & eo praetextu non solùm summo creatori placere conati sint , sed etiam laicis quibuscunque , quibus clerici oppido infesti esse & consueverunt , deducta medietate beneficiorum , necesse habebunt , hospitalitatem subtrahere , & consueta pietatis officia denegare . quibus subtractis incurrent odium subditorum , amittent gratiam transeuntium & vicinorum , subtrahentur rectoribus ecclesiarum jura , nec ipsis pretextu paupertatis ea defendere valentibus , ab ipsis laicis penitus opprimentur in universalis ecclesiae scandalum & jacturam . quidam verò ex eis , cùm essent beneficia quae ad residentiam sex mensium non sufficiunt , vix aliunde victualia quaerant , si resecetur illorum beneficiorum medietas , compellentur mendicare , & continget in eorum ecclesiis obsequia divina cessare , quibus cessantibus , eorundem parochiani , in decimarum & proventuum solutione cessabunt , nec erit qui illius ecclesiae jura prae inopia prosequatur , vilescit ecclesiae dignitas , clericorum caetus in contemptu , cessabunt praedicationes , animarum cura omittatur , fides exinde periclitabitur , populo contemnente praelatorum doctrinam & correctionem . item , cùm de bonis ecclesiasticarum personarum pauperes , quorum infinitus & numerus per annum sustententur , & multi generosi eorum consanguinei , & alii qui in eorum obsequiis commorantur , de bonis ipsorum victualia , necnon & stipendia recipiant , subducta medietate proventuum , cessabunt eleemosynae , licentiabuntur familiae , ad quod si deveniatur , pauperes fame peribunt , alii verò cùm fodere non valeant , & mendicare erubescant , antequam fame pereant , necesse habebunt furtis , rapinis , & depraedationibus intendere , ex quibus multa sequentur homicidia , insurget tumultus populi , & de facili totius regni angliae turbatio . item , cùm multi sint clerici in regno angliae aere alieno graviter praegravati , si non subducto aere alieno , si non deductis expensis quarum existimatio sextam partem redituum continet , quarum deductionem vix aliquis casus solet impedire , si non deductis ecclesiae oneribus , consistentibus in pensionibus , praelatorum procurationibus , & ecclesiarum & ornamentorum reparatione , proventuum medietas exolvatur , ipsis de residuo vivere non valentibus , compellentur egere , cùm tamen in talibus personis haberi debeat ratio eorum ne egeant , & maxime ubi immineret scandalum ecclesiae universalis . item , cùm nuper nomine vicesimae , sex missia marcarum domino papae sint soluta , habita ratione aestimationis vicesimae ad aestimationem medietatis , summa petitae pecuniae sexaginta millia marcarū summam continere continget una cum sexta parte reddituum , quam in collatione fructuum refundere contingit , cum partem illam non deducat , & eum preter haec à personis in primo mandato exceptis , ab his qui centum marcas in redditibus obtinent vicessimam , ab his qui ampliores habent redditus partem tertiam habere nitatur , usque ad summam quater viginti millium marcatum de bonis clericorum per annum redigere oporteret ; ad cujus quidem pecuniae solutionem , vix totum regnum angliae sufficere posset , quanto minus et clerici , cum eorum bona tantummodo in fructibus existant ; qui licet venales annuatim exponi consueverunt , de eadem tamen pecunia multae fiunt emptiones , cum de manu ad manum pecunia proficisci contingat , et in regno remaneat . ac si contingat de singulis venditionibus pecuniam deducere , et extra regnum deportare , deficerent emptores , nec contingeret in toto regno tantam pecuniae summam invenire , quod in gravi necessitatis casu per experientiam alias est declaratum , videlicet cùm nobilis memoriae quondam angliae rex richardus in partibus remotis captus esset & detentus , ad ipsius liberationem sexaginta millia marcarum soluta fuerint . ad quod solvendum , totum regnum contribuerat , nec exolvi poterat ad plenum , nisi ad hoc perficiendum , cruces & calices ecclesiarum in solutum pro parte traderentur : quanto minus et nunc de bonis clericorum tantum , tanta pecuniae summa redigi non posset , cum ipsam contingeret infra triennium triplicare . cum igitur huic exactioni contradicat ecclesia anglicana per procuratores ut hanc contradictionem communem domino papae insinuare velitis pro statu ecclesiae anglicanae , praesentiam domini nostri iesu christi appellantes , et concilii universalis , aliquo tempore per dei gratiam convocandi . a parliament being sommoned and meeting soon after this appeal , great complaints were therein made against this tax and other miserable incessant papal oppressions . in crastino igitur purificationis beatae mariae , dominus rex cum suis magnatibus tractatum habens diligentem , per plures consilium ▪ urgens dies protelavit . timebatur enim vehementer , & veraciter domino regi referebatur , quod rex francorum se ad sibi subjugandam gasconiam praeparabar . quam amittere sibi probrosum , ignominiosum , & damnosum videbatur ; cum ex sola burdegali mille marcas annuas percipere consuevit . convenerant etiam tunc ibidem , archidiaconi angliae , necnon et totius regni cleri pars non minima cum ipsis magnatibus , conquerentes communiter super intolerabilibus et frequentibus exactionibus domini papae , pro quibus et dominus rex non mediocriter compatiendo tristabatur . res enim publica periclitabatur , et commune negotium regni totius agebatur , et eminebat tam populi quam cleri immanis desolatio , et cunctis temporibus inaudita . igitur coram domino rege reposita est querimonia lachrymabilis , cui pertinet rempublicam protegendo , tales injurias et pericula propulsare . tandem de communi confilio provisum est , ut gravamina terrae domino papae seriatim monstraturi ad curiam romanam nuntii discreti destinarentur , has epistolas subscriptas domino papae et cardinalibus , ex parte communitatis totius cleri et populi regni anglicani , eminus ostensuri . which letters of complaint , * super oppressionibus et intolerabilibus gravaminibus , quibus frequenter ecclesia et regnum gravabatur , ex corde omnium praelatorum angustiato nimis , et usque ad amaritudinem spiritus provocato processit , et ne lugubre schisma subsequatur , ut non minimum formidatur , epistola missa papae . sanctissimo patri in christo ac domino i. dei providentia summo pontifici , universitas cleri et populi per provinciam cantuariensem constituti , devota pedum oscula beatorum : cum anglicana ecclesia à tempore commendatae sibi fidei catholicae , deo & sacrosanctae romanae ecclesiae matri nostrae placere studens , adhaeserit semper & servierit devotè , à coeptis obsequiis non recessura , per morum incrementa semper proficiens , sanctitatis vestrae pedibus provoluta supplicat obnixè , quatenus in petitione pecuniae , quae diversimodè ab ea requiritur , in subventionem diversarum nationum , de mandato sanctitatis vestrae cum gravi coertione , eadem pietas vestra parcere dignetur . importabile est namque quod mandatur , et impossibile propter rerum defectus : licet enim regio nostra fructus reddat interdum ad alimenta gentis suae deputatos , aeris tamen copiam non reddit , nec redderet per tempora multa quanta requiritur his diebus . sed & onere simili , licet non tanto , praeteritis diebus , & ob causas similes praegravata , portare nequit aliquatenus quod exigitur . ad mandatum insuper sanctitatis vestrae tempore praesenti ad opus domini regis nostri temporalis , ( cui in necessitatibus suis deesse non possumus cum honestate , nec debemus ) exigitur a clero succursus , ut incursus hostiles , quos avertat deus , propulsare possit , et patrimonii sui jura tueri , ac recuperare promptius occupata . latores igitur praesentium cum supplicatione nostra , ad praesentiam sanctitatis vestrae destinamus , ut pericula vobis exponant , & incommoda , quae in promptu sequerentur ex praemissis , & quae nulla possumus ratione portare , licet simus in omni vinculo charitatis , obedientiae & devotionis , vobis obligati . et quia communitas nostra sigillum non habet , praesentes literas signo communitatis civitatis londinensis , vestrae sanctitati mittimus consignatas . this modest , humble letter , was seconded with another to the cardinals . r●verendissimis patribus in christo & dominis , sacrosanctae ecclesiae romanae cardinalibus , devotisui , &c. salutem , reverentiam debitam & honorem . ad universitatem vestram , velut ad bases ecclesiam dei fulcientes , humiliter supplicantes confugimus , & obnoxè deprecamur , quatenus pressuras quibus mancipamur attendere dignantes , opem ferre velitis , ut post repetita gravamina , quae anglicanae ecclesiae praeteritis diebus occurrerunt , respirare possit , & ex hoc vobis assurgere teneamur , ad debitas gratiarum actiones . a tempore namque ultimi concilii lateranensis , primò vicesima triennii in subsidium terrae sanctae , postmodum decima in subsidium domini papae , postmodum praestationibus aliis diversimodè & ad usus diversos , de mandato sedis apostolicae anglicana ecclesia pulsata , profudit prompta voluntate quae potuit habere ad manus . regi etiam nostro ac patrono temporali , ad mandatum sedis apostolicae , iteratis vicibus secundum vires suas fecit succursum , & jam per preces vestras exigitur succursus iterato ad opus ejusdem domini regis ( cui in necessitatibus suis deesse , nec potest , nec debet ) ut hostium incursus repellere posset , & regni sui jura tueri ac recuperare promptius occupata . postremò autem , petitur ab eadem ecclesia diebus istis , quod portare non potest , rerum penuria negante quod exigitur , ab aliis , videlicet , medietas bonorum , ab aliis tertia , & à reliquis vicesima omnium quae possident . pars scilicet in usus francorum , qui nos & gentem nostram persequuntur , ad conquestum imperii graecorum : pars in subsidium terrae sanctae , quae posset , ut mundus clamat , cum minori discrimine rehaberi ab hostibus . pars autem ad usus alios , quos apostolica sedes ordinaret . durum quidem videtur nobis & absurdum , ut aliis abundantibus de bonis & laboribus nostris , nos & nostri , ac pauperes regionis nostrae , quibus exhibitio propinquior competit , vacui jejunemus . hostiles etiam insidias & incursus , quos deus avertat , rex noster & regni militia repellere non valeret , nec posset pereuntibus & inopibus subveniri , aere regni & aerario vacuato . imò etiam & si venalia exponerentur omnia quae clerus habet , non posset apud nos inveniri pecunia quaeexigitur . sequerentur quidem infortunia multa ex praemissis , si ad ea , quod absit , cogeretur . pro quibus vobis exponendis , praesentium latores nuncios nostros communes ad vestram clementiam destinamus , petentes attentè , quatenus propter dominum & honorem sedis apostolicae , animum domini papae , & manus vestras ac consilia à gravamine tali revocare velitis ; providentes , si placet , ut ad gremium & obedientiam matris ecclesiae sic revocetis errantes & dispersos , ne dispergatis et alienos reddatis , prius in charitate & devotione collectos . et quia communit as nostra sigillum non habet , praesentes literas signo communitatis civitatis londinensis vestrae sanctitati mittimus consignatas . his autem auditis infremuit curia romana , et suam doluit avaritiam tam redargui quam refraenari . timentes quoque papa & cardinales nè sibi , quod comminatione tali imminebat , ingrueret periculosa confusio , ( to give some little content and ease at present ) non penitus omittebant gravare regnum & ecclesiam angliae ( non enim permittebat hoc paternae charitatis inopia ) sed rigorem memoratum tali moderamine temperarunt , ut ad undecim millium marcarum summam , subsidium prius postulatum restrinxerunt . in quod episcopi angliae congregati , ( without and against the inferiour clergies consents ) & super hoc , consilium cum deliberatione habentes , pro persecutione romanae ecclesiae reprimenda , ( when as the pope and church of rome were in truth the persecutors of the emperor , not the persecuted ) ad hoc , licet grave sibi videretur , in praedictam pecuniae summam domino papae contribuendae consenserunt : ( against the kings and nobles letters and prohibitions ) in ipso tamen concilio , quod omni charitate fraterna ac civilitate caruit , ( such was their legerdemain in this grand concernment ) excluserunt omnes abbates angliae exemptos , voracitati romanae curiae periculosius exponendos . how much these papal exactions were soon after multiplied , notwithstanding these letters , you shall hear in due place . anno . ( and some years before ) there arose these and other new pernicious customs and corruptions in the court of rome . * nova in curia romana inolevit consuetudo , ut cum bellum inter aliquos nobiles moveretur , unam partium ad eam confugientem , excommunicando alteram , ( excommunications being abused to all sorts of injustice , oppressions , extortions , rapines , villanies , as the premised and subsequent passages abundantly evidence ) et illos absolvendo , potenter foveret : ut qui per illam resurgeret , omni tempore ipsi teneretur obligatus : quod in davide principe northwalliae fuerat manifeste comprobatum . similiter , et alia detestabilis , ut scilicet si quis clericus multis et opimis redditibus abundans , in episcopum forte eligeretur , ex indulgentia papali , intermeanti●us intercessoribus et muneribus , tam redditus prius obtentos quam episcopatum licenter cupiditatis brachiis amplexetur : quod in electo valentino willielmo , constat fuisse propalatum : necnon et alia nova sunt su●orta in curia memorata , quorum memoria sanctorum corda lachrymabiliter cruentarunt : for which neither this pope nor his successors were ever once so much pricked at their stony hearts , as to endeavour to reform them , continuing their avowed shamefull practice till this very day , notwithstanding many successive complaints against them . amongst other practices , he made use of croysadoes against the saracens and tartars , published and promoted principally by the friers preachers and minorites , to pick the peoples purses to maintain wars against the emperor frederick : whereupon , * eo tempore fredericus comperiens papam abundare anglico numismate , posuit custodias & insidias transitibus , pontibus , & portubus , ne quis aemulo suo andegravio à papa subsidium transportaret : ( whom this pope caused to be elected emperor ; the archbishop of colen , et cum eo multi praelati et aliqui laici , muneribus ecclesiae prodigaliter , imo potius prodigialiter saginati , qui partem papalem con●ovebant , adhering to him : ) fecit igitur papa per praedicatores & minores mutato habitu , tum scripta consolatoria , quàm alia juvamenta , ad andegravium transvehi . for which & other services he and pope gregory bestowed many large priledges upon these freers , recorded at large by * mat. paris , where you may peruse them . and notwithstanding the tartars then invaded hungary with a puissant army , forcing the king of hungary and his subjects to leave the frontiers , and retire into fenced cities and castels ; who writ to the pope for ayd against them , ut sollicitè sibi totique christianitati de tam formidabili peste provideret ; sed nec sic tamen aversus est papalis impetus infrunitus , quin pecuniae colligendae totis rictibus inhiaret ; ( especially in england and france ) not to war against the tartars or saracens , but only against the emperor , whom he had excommunicated , deposed , against all laws of god and man , setting up an intruder in his imperial throne . hereupon , anno sub eodem , ortum est bellum multiforme in partibus alemanniae & ejus confiniis , between the emperor and pontifician party . to maintain which war , as he formerly published the forecited decree , * quod bona intestatorū in usus ejus cederent ; and this hypocritical decree made by him in the council of lyons , * de reparatione terrae sanctae , & negotio crucis . afflicti corde pro deplorandis terrae sanctae periculis , sed pro istis praecipuè , quae constitutis in ipsa fidelibus noscuntur noviter accidisse , ad liberandam ipsam , deo propitio , de manibus impiorum , totis affectibus aspiramus ; diffinientes sacro approbante concilio , ut ita crucesignati se praeparent , quod opportuno tempore universis insinuando fidelibus per praedicatores , nostrosque nuncios speciales , omnes qui disposuerunt transfretare , in locis idoneis ad hoc conveniant : de quibus in ejusdem terrae sanctae subsidium , cum divina & apostolica benedictione procedant . sacerdotes autem & alii clerici , qui fuerint in exercitu christiano , tam subditi , quàm praelati , orationi ac exhortationi diligenter insistant : docentes eos verbo pariter , & exemplo , ut timorem & amorem domini semper habeant ante oculos , ne quid dicant aut faciant , quod aeterni regis majestatem offendat . et si aliquando lapsi fuerint in peccatum , per veram poenitentiam mox resurgant ; gerentes humilitatem cordis & corporis , & tam in victu , quàm in vestitu mediocritatem servantes , dissentiones & aemulationes omnino vitando , rancore ac livore à se penitùs relegatis : ut sic spiritualibus & materialibus armis muniti , adversus hostes fidei securiùs praelientur ; non de sua praesumentes potentia , sed divina virtute sperantes . nobiles , quidam & potentes exercitus , ac omnes divitiis & opibus abundantes , piis praelatorum monitis & exhortationibus inducantur , ut intuitu crucifixi , pro quo crucis signaculum assumpserunt , ab expensis inutilibus & superfluis , sed ab illis praecipuè , quae fiunt in commessationibus & conviviis nimiis & sumptuosis , abstinentes ; eas convertant in personarum illarum subsidium , per quas dei negotium valeat prosperari ; & eis propter hoc juxta praelatorum ipsorum providentiam , peccatorum suorum indulgentia tribuatur . praedictis autem clericis indulgemus , ut beneficia sua integrè percipiant per triennium , ac si essent in ecclesiis residentes . et si necesse fuerit , ea per idem tempus pignori valeant obligare . ne igitur hoc sanctum propositum impediri vel retardari contingat , universis ecclesiarum praelatis districtè praecipimus , ut siguli per loca sua , illos qui signum crucis deposuerunt , resumere , ac tàm ipsos quàm alios crucesignatos , & quos adhuc signari contigerit , ad reddendum domino vota sua diligenter moneant ac inducant : et si necesse fuerit , per excommunicationis in personas , et interdicti sententias in terras ipsorum , omni tergiversatione cessante , compellant . ad hoc , ne quid in negotio domini nostri jesu christi de contingentibus omittatur , volumus , & mandamus , ut patriarchae , archiepiscopi , episcopi , abbates , & alii , qui curam obtinent animarum , studiose proponant commissis sibi populis verbum crucis ; obsecrantes per patrem , & filium , & spiritum sanctum , unum solum verum aeternum deum , reges , duces , principes , marchiones , comites , & barones , aliosque magnates , necnon communia civitatum , villarum , & oppidorum , ut qui personaliter non accesserunt in subsidium terrae sanctae , competentem conferant numerum bellatorum , cum expensis ad triennium necessariis , secundum proprias facultates , in remissionem suorum peccaminum : prout in generalibus literis , quas pridem per orbem terrae miserimus , est expressum , & ad majorem cautelam inferius exprimetur . he likewise sent his agents , who were freers , to raise monies for the pretended ayd of the emperor of constantinople , by these new devises . eodem anno postquam dominus papa ad hoc fratres praedicatores diligenter exequendum constituisset , literas illud ministro fratrum minorum in anglia , direxit , ut tam fratres minores quàm praedicatores , à via humilitatis & paupertatis voluntariae , quam se sectatores sunt professi , avertens , suos constitueret procuratores , literas districtum praeceptum papale cum diversis articulis continentes . quorum unus tenor est , ut ipse vel fratres sui inquirant de usurariis vivis , & eorum per usurariam pravitatem malè adquisitis , & ipsa colligant ad opus imperii constantinopolitani , ( this was the pretext , it being only for his own use ) & quod per censuram ecclesiasticam compescant contradictores . alterius tenor est , quod qui velint crucesignari pro liberatione praedicti imperii , vel de catallis suis ibidem mittere sufficienter , de peccatis suis absolventur . alterius tenor est , quod relicta in testamentis decedentium per usurariam pravitatem adquisita colligant ad subsidium imperii memorati , & quod compescant contradictores & rebelles . alterius tenor est , quod colligant relicta in testamentis decedentium , vel quae usque ad triennium relinquentur pro restitutione bonorum , quae decedentes malè adquisierunt , ad subsidium praedicti imperii , contradictores & rebelles compescendo . alterius tenor est , quodea quae relinquuntur distribuenda in pios usus , secundum arbitrium executorum testamentorum decedentium , nec praefata relicta ab ipsis testatoribus certis locis aut personis deputata fuerint , vel de jure aliis debeantur , aut per praedictos executores in usus hujusmodi sint conversa , ad subsidium imperii praedicti colligant , & significent ci de quantitate ipsorum , & compescant , &c. alterius tenor est , quod de malè adquisitis viventium inquirant diligenter , & colligant ad subsidium imperii memorati : dummodo personae , quibus pro taliter adquisitis satisfieri deberet , inveniri non possint : & rescribant papae , & compescant , &c. alterius literae talis est tenor , quod dictus minister habet potestatem absolvendi excommunicatos , qui scienter fraudem commiserint in his quae colligendae sunt ad imperium praedictum : dummodo ministerio , vel fratribus suis , ad illud negotium deputatis , congruam satisfactionem impenderint . to all which new devised papal extortions to raise monies , i shall sub joyn another of a different nature . excommunications being grown very common and formidable in that age , some knights and persons of quality lyable to them , for money purchased from this pope an exemption from all excommunications , by any person but by the popes own special command : particularly , * lambertus de muletuna miles , qui nuper privilegium mirabile datis non paucis muneribus a papa impetraverat , ut scilicet nulli liceret eum pro quacunque culpa excommunicare , nisi de speciali mandato papae , ac si liceret eidem impunè peccare , & qui multos laeserat , plures fatigare , hoc modo à domino meruit sauciari , ut cum phaleratis superbè equitando à quodam peracto suo rediret placito , descendens se querebatur morbo difficili praegravari . et praecipitanter recubans , antequam depositis calcaribus discalceari potuit , morte palluit repentina . this crafty pope to pacifie king henries indignation against these and other his rapines , thought meet to gratifie him in some seeming measure , in his and his nobles complaints against bestowing bishopricks and ecclesiastical benefices by provisions , that so he might countenance or connive at , not absolutely prohibite them ; to which end , * ipso tempore dominus rex , nesciens se versutiis romanorum subdolè verborum involucris muscipulatum , per quosdam aulicos suos ipsi regi placere cupientes , privilegium quoddam sibi in curia romana gratanter suscepit , industria procuratorum domini regis elaboratum , quod quanquam papa pro suae voluntatis arbitrio , ad intolerabile regni angliae gravamen , passim et indifferenter provisiones fecerit in angliae de beneficiis ecclesiasticis ad opus italicorum , nunc gratia dei , in ipsa parte ita sedata est tempestas illa , quod quando papa alicui vel aliquibus ex nepotibus ejus vel cardinalium , ipse vel ipsi cardinales rogabunt regem cum instantia , quod placeat regi , ut sic tali provideatur . quo umbratili privilegio ac deceptorio , amici domini regis fortunales , cor ejus demulcentes , ipsum strictius illoquearunt . in quo enim gravantur notarii ac tabelliones romanae curiae , ad munera cerei ac prostantes , si imperante papa petitiones urgentes & rhetoricas domino regi transmittant , ut se ditent , et regem depauperent ? nihil igitur aliud illud arbitror , nisi hamum inescatum : the kings royal assent being not required before , but after the popes provisions granted , and enjoyed by a papal non obstante , in case he gave not his royal assent thereto upon the popes and cardinals requests . boniface archbishop of canterbury this year ( . ) upon a feigned pretext , that his church of canterbury was involved in very great debts by his predecessor , but in truth by himself to carry on foreign wars , and gratifie the pope , procured from pope innocent a grant of the first years fruits of all benefices that should fall void within his diocesse during the space of seven years , till he should raise out of them the sum of ten thousand marks , besides two thousand marks yearly out of the bishoprick ; thus registred by matthew paris . per idem tempus , tales à domino episcopo lincolniensi , ut major certificatio de praedictis habeatur , literae emanarunt . universis sanctae matris ecclesiae filiis , ad quos praesentes literae pervenerint , robertus miseratione divina lincolniensis episcopus , aeternam in domino , salutem . noverit universit as vestra , nos mandatum domini papae non cancellatum , non abolitum , in nulla sui parte vitiatum inspexisse , in haec verba : innocentius episcopus servus servorum dei , venerabilibus fratribus , episcopis , & dilectis filiis , abbatibus , prioribus , archidiaconis , decanis , capellanis , & aliis ecclesiarum praelatis & clericis per cantuariensem civitatem , diocaesim , & provinciam constitutis , salutem & apostolicam benedictionem . ad hoc coelestis altitudo consilii , alta & ineffabili providentia universa disponens , rerum vicissitudines non sine dispensatione certae rationis alternat , nunc superiores inferiorum , nunc inferiores superiorum auxilio faciens indigere : ut humana conditio per alternationes hujusmodi , sui status instabilitatem agnoscat , & alterutrum sibi compatiens & subveniens , impleat legem christi , qua diligere proximum quisque jubetur , & alterius onera supportare . cum igitur , sicut venerabilis frater noster cantuarienfis archiepiscopus nobis exposuit , cantuariensis ecclesia , tàm praedecessorum suorum , qui passi tribulationes innumeràs , fuere necessitatum plurium incommodis agitati , quàm etiam vacationum ipsius ecclesiae longiorum , temporibus quibus cogniti & ignoti pari passu circumflexerunt , ut ad se traherent & diriperent bona ejus , adeò grandi fuerit debitorum onere praegravata , quod vir possetab ipsis absque sedis apostolicae providentia liberari ; n●bis humiliter supplicavit , ut cidem ecclesiae subvenire , ne usuris excrescentibus ipsius gravior & quasi irrecuperabilis sit jactura , de benignitate solita dignaremur . verùm , cum eadem cantuariensis inter alias orbis ecclesias honorabilis habeatur , quod eam romana ecclesia , veluti filiam praedilectam , sinceris affectibus prosequitur , & praefert effectibus gratiae singularis ; incujus odoris suavitate reficitur , statu recreatur tranquillo , & prosperis prosperatur : illámque ea praerogativa favoris & gratiae prosequamur , quod ipsius ardenti desiderio , & potentissimè ejusdem archiepiscopi consideratione , qui tanquam filius devotus ecclesiae & nobile membrum , cujus devotione fervens , vita perspicuus , & nobilitate praeclarus , nobis & fratribus nostris charus & acceptus plurimum habeatur : ipsius supplicationibus favorabiliter annuentes , de fratrum nostrorum consilio , damus venerabili fratri nostro herefordensi episcopo nostris literis in mandatis , ut ipse per septennium et non ultra , omnium * beneficiorum ecclesiasticorum , quae deinceps in civitate , diocaesi et provincia cantuariensi , vacabunt , primi anni provent us usque ad decem millium marcarum summam . quae si ante dictum septennium haberi poterit , nil amplius exigatur . nec non duo millia marcarum de ipsius archiepiscopi redditibus colligat annuatim , et convertat fideliter in solutione debitorum ecclesiae memoratae . proviso , quod personis servientibus in eisdem beneficiis , de praedictis redditibus idem episcopus faciat competentem portionem pro ipsarum sustentatione , ne ipsa debitis defraudentur obsequiis , assignari . et si forsan dictorum beneficiorum redditus hujusmodi primi anni esse debeant , juxta morem patriae , decedentium personarum ; dictus episcopus ipsorum beneficiorum redditus in anno colligat subsequenti : contradictores , auctoritate nostra appellatione postposita compescendo . quocirca universitatem vestram rogamus , monemus , & hortamur attentè , per apostolica vobis scripta praecipiendo mandantes : quatenus attendentes prudenter , quod dignum sit matris egentiam filiorum opibus relevari , cujus tàm devotè quàm benignè debent onera supportare : eidom episcopo ad exhibendos hujusmodi redditus & habendos , sic ope & opere promptos & sollicitos vos reddatis , quod ipsius archiepiscopi favorem & gratiam vobis proinde futuris temporibus vendicantes : nos habeatis propter hoc specialiter ad vestra & ecclesiarum vestrarum commoda promptiores . datum lugdum , calend. septemb. pontificatus nostri anno . in cujus rei testimonium , praesentibus sigillum nostrum feeimus apponi . haec autem cum ad audientiam regis pervenirent , primo obstupuit iratus et commotus valde , clamose dicens : miror si talia procuravit regno meo dispendia archiepiscopus cantuariensis bonifacius quem promovi . nec sufficit ei quod electum meum cicestrensem robertum videlicet passeleve , cujus promotionem procuraveram , procaciter praecipitavit : sed et diatim intendens bellis , ruptoris more , tam in provincia quam anglia , contra me jam jacturam et dedecus machinaturam . ecce nova et inaudita pecuniaris extorsio : o quam multiformes sunt laquei venantium , ad subjectorum simplicitatem decipiendam ! in hac equidem machinatione nobiles mei , ad quos ecclesiarum spectant patronatus , defraudantur ; terra censu spoliatur , et similium consequentia formidatur . tandem tamen dominus rex cum insibilatum fuisset ei , quod minimè irasci teneretur memorato archiepiscopo pro dicta roberti cassatione ; tum eo quod in examinatione insufficiens reperiebatur , tum quia ejus cassatio multum regi fuit utilis & lucrosa , cum quotidiè regiis diligenter intenderit emolumentis , muliebriter in suo proposito resistendi fractus est , muliebri , ut dicitur , intercessione turpiter emollitus quia merito hoc nomen ; mulier , quasi molliens herum , id est enervans etymologizatur . nec proh dolor , viriliter pro ecclesiae indemnitate , cum non constiterit ecclesiam cantuariensem alieno aere per archiepiscopum ae. sub usuris maxime irretitam in tantum , nec pro regni sui tuitione , vel sanctorum pontificum cantuariensium honore , stetit rex , prout decuit et expedivit ; sed eidem archiepiscopo bonifacio * concessit per angliam , secundum quod praedicitur , praedictam habere collationem . veruntamen , per idem tempus prohiberi fecit dominus rex per literas suas , ne quis veniens de curia portans literas bullatas de provisionibus faciendis praecepto papali , ad extorquendam pecuniam de ecclesia anglicana , et depauperandum regnum , permitteretur vagari per terram ad praelatos : et si quis talis inveniretur , caperetur , carceri regis retrudendus . portus autem , hoc praecipiens portuum custodibus , fecit custodici . sed hoc animos miserorum anglorum parum exhilaravit , qui cor cereum regis cognoverant : & ea facilitate advertendum , qua converti frequenti experientia certificabantur . ( the bishops basenesse , inconstancy , timidity , ill advice , and compliance with the pope against the king upon all occasions , being the principal cause of the kings inconstancy . ) the bishops for their own interest opposing this new papal exaction , were thereupon excommunicated by the archbishop , who forced them to submit to this papal innovation by the popes formidable authority , which they durst not strenuously to resist . tempore quoque sub eodem , bonifacius cantuariensis archiepiscopus , episcopos cantuariensis provinciae authoritate apostolica suspendit , eo quod consentire noluerunt novae et inauditae contributioni , quam a gratia papae impetraverat ; videlicet , proventuum ecclesiarum vacantium , ut primo anno vacationis fructus ipsi archiepiscopo contribuerentur , ad liberationem debitorum : quibus , ut asserebat , ipsam ecclesiam cantuariensem praedecessores sui cum gravissima usura irremediabiliter obligaverant . quod non sine injuria b. ae dmundi immediatè praedecessoris sui , & aliorum sanctorum , constat esse confictum . episcopi vero contra papalem auctoritatem et mandatum non valentes nec volentes recalcitrare , licet inviti , tandem cum summa mentis amaritudine consenserunt , ut absolvi mererentur . iterum per decanum belvacensem hujus negotii executorem , mandatum receperunt : quod a papa excommunicarentur , et denunciarentur excommunicatiper provinciam cantuariensem , omnes obloquentes , omnesque detrahentes , fraudemve facientes in negotio praenotato , exgratia papae foeliciter concesso , exceptis domino rege , uxore , et liberis suis , et nobili viro richardo comite cornubiae . how rigorously this archbishop proceeded against all opposers of his usurpations , whiles imployed as a souldier for this antichristian pope in his wars , to murder mens bodies , instead of discharging his office of a bishop to feed and save the peoples bodies and souls committed to his care , is thus recorded . diebus quoque sub eisdem , archiepiscopus cantuariensis bonifacius , qui in partibus lugdunensibus , minus solicitus , quantum ad animarum custodiam , ecclesiae , domino papae militavit , ab ecclesiis in sua provincia vacantibus , quas per annum retinuit , auctoritate fultus apostolica , the saurum non minimum a miserrima anglia , quae facta est vinea ab apris exterminanda , quam vindemiant omnes praetereuntes , extorsit : et u● magis corda spoliatorum cruentaret , per decanum belvacensem , suum in hac procuratorem , fecit denuntiari , omnes fuisse excommunicatos , qui clam vel palam obloquentes vel detrahentes , gratiam quam dominus papa concesserat , et contulerat eidem archiepiscopo , quomodolibet impedirent , vel de proventibus aliquam subtractionem vel fraudem facerent supradictis , exceptis tantummodo domino rege & regina , & eorum liberis , & nobili viro comite richardo . et hoc mandatum praeceptum per totam angliam in singulis ecclesiis divulgatum , in multorum cordibus indignationem , tum propter ipsam injuriosam , et inauditam , avidamque pecuniae ertorsionem , tum propter annexam adulationem , generavit , dominumque regem talia tolerantem , et talibus consentientem , praecordialiter maledixerunt . king henry by former contests having in some degree regained his prerogative in the election and confirmation of bishops , which the clergy had violently wrested from king john and him ; thereupon the chapters and covents became more compliable to him , electing such persons for their bishops and abbots , to whom they presumed he would readily give his royal assent ; hereupon the bishop of salisbury , and abbot of westminster , both deceasing this year ; * eisdem sub diebus , canonici sarisburienses , comperientes nullum ferè acceptum domino regi , nisi aulicum & curialem , praecaventesque ecclesiae suae periculo , & regiam captantes benevolentiam ; willielmum de eboraco , domini regis clericum familiarissimum , & legum regni peritissimum , beverlaci praepositum , in episcopum & animarum suarum pastorem unanimiter elegerunt . quae quia electio deo placuit , ut credebatur , et domino regi fuit accepta , sine morae dispendio confirmabatur . dominus etiam sylvester electus ad praesulatum carleolensem , qui prius se indignum reputavit , & idcircò non consensit , quoniam eum deus vocavit à telonio ad ministerium , timore bono perculsus , in electionem memoratam humiliter consensit , ne deo recalcitrans , reprobus haberetur : ( as matthew paris ironically stories of him . ) * eorumque dierum circulis magister richardus de crokesle , archidiaconus westmonasteriensis , vir elegans & jurisperitus & domino regi amicissimus , à toto conventu unanimiter est electus . timebant enim monachi , ne si secus fieret , rex eorum patronus specialis , ecclesiam suam jam semirutam relinqueret impersectam , quam gloriose coeperat aedificare . the pope having this year canonized * edmund archbishop of canterbury for a saint ( which he had long deferred ) to gratifie the king , and facilitate the imposing and levying of his papal exactions upon the clergy and realm , the king receiving the news thereof , gavisus est vehementer , & statim super hoc certificatus , praecepit , ut accensis multis cereis omnes clerici de capella regia , assumptis festivis induviis , missam solenniter , cujus introitus foret , gaudeamus , &c. celebrarent ; the king by his royal authority prescribing a special masse upon this occasion : and the new elected abbot of westminster , qui dudum amator fuit beati aedmundo confessoris & archiepiscopi , quia die canonizationis suae , ad tantae praeelationis dignitatem vocabatur , jussit quandam capellam in honore ipsius sancti aedmundi fabricari , ubi deo & ipsi confessori gloriosum , ut decebit , ministerium futuris temporibus impenderetur . aucta est etiam ejusdem abbatis dignitas , domino rege impetrante , ut scilicet missam celebrans pontificaliter benedictionem , quando agnus dei cantatur , populo daret solenniter . odo archbishop of rhoan being unable through sicknesse and other impediments to repair into england to the king , to swear fealty to him for his temporalties , constituted a proctor to swear fealty on his behalf , beseeching the king of his royal grace to accept thereof , to which he was not obliged by law. excellentissimo domino suo h. dei gratia rex angliae , &c. odo miseratione divina rotomagensis archiepiscopus salutem , in eo per quem reges regnant & principes dominantur . cum propter concilium domini legati quod imminet , ac debilitate proprii corporis pluribusque causis aliis , quas vobis exponere poterit plenius magister j. de havylla lator praesentiū , ad serenitatis vestrae praesentiam personaliter accedere non possumus ; ad excellentiae vestrae curiam mittimus dictum magistrum , ut a vobis regalia , quae a regno vestro habe . mus , recipiat , et vobis juramentum fidelitatis faciat loco nostri . super quo in anima nostra plenariam sibi concedimus potestatem , unde vestrae celsitudini supplicamus , quatenus ipsum benigne velitis admittere , et negotium pro quo mittitur expedire . valete dat. apud denul . dominica ante festum beati michaelis anno domini . hereupon ; rex replegiavit o. rothomag . archiepiscopo terras suas , captas in manum regis per praeceptum regis , usque in unum mensem a die paschae , eo quod non venit ad regem in angliam post creationem suam , ad faciendum regi quod facere debuit de terris praedictis ; & mandatum est roberto de crepping , quod terr as praedict as ei usque ad eundem terminum in pace habere permittat . teste rege apud wind. . die decemb. eodem modo scribitur vic. southt . anno . abbas cluniacensis , ● having * gifted , and entertained the pope for several weeks ) antequàm hospes suus dominus papa , lugdunum petiturus recessisset ; impetravit ab ipso licentiam , & scriptum super hoc ; ut a toto ordine cluniacensi decimam ertorqueret per unum annum ; tum quia dominum papam exulantem & accedentem ad partes cisalpinas , muneribus respexit impreciabilibus abbas memoratus ( dederat enim triginta palefridos phaleratos cum totidem equis clitellariis ) tum quia splendidè procurando curialiter recepit , & exhibuit ferè per unum mensem . et hanc decimam in omnibus membris percipiet abbas praedictus , non obstante contradictione alicujus ordinarii . de qua quidem pecunia , percipiet dominus papa tria millia marcarum . residuū autem cedet in solutionē debitorum , quibus ecclesia cluniaci pro promotione romanae ecclesiae noscitur obligari . et sic concessit papa abbati ; ut de propria cute sibi faceret latam corrigiam . hereupon the abbot by his agents the next year , collecting this tax and tenth in england , from the monasteries of his order , in derogation of the kings prerogative royal , the k. thereupon issued a prohibition , prohibiting the collection thereof ; and afterwards sent an expresse mandate to the constable of the tower , that taking with him the sheriffs of london and bailiffs of southwark , he should go to the priory of bermundesy , and seise all the monies collected for the use of the abbot of cluny against his prohibition , and seal it up under their seales if they found it there , and likewise command the prior , not to suffer any of the monies to be thence removed , without the kings privity , under pain of seising all his tenements in england , as this record attests . mandatum est constabulario turris london . quod assumptis secum vicecom . london . & ballivis de suthwerk , eant usque bermudes , et videant , quod si aliqua pecunia collecta ad opus abbatis cluniacensis contra prohibitionem regis , ibidem deposita sit . et si eam invenerint , tunc eam signari fac . sigillis suis , et ex parte regis prohiberi faciat priori de bermudes sicut tenementa sua quae habent in anglia diligit , quod nichil de pecunia illa praeter conscientiam regis removeatur . , , , teste rege apud merton primo die januarii . the king ( as you * heard before ) having for a long time seised the temporalties of the bishoprick of coventry and lichfeild , and detained them from roger de weseham , intruded into it by the pope without his royal assent to the preju●ice of his crown , was at last content to restore them to him by the popes mediation , which he did out of his mear liberality and grace , by these ensuing writs . rex omnibus militibus , liberis hominibus , & omnibus tenentibus de episcopatu * cestriae & lichfield . salutem . sciatis quod non obstante eo quod ordinatio quam dominus papa fecit de magistro rogero de weseham , quondam decano linc. praeficiendo eum de facto episcopum ecclesiae coventr . et lechfield . facta fuit in praejudicium dignitatis nostrae , de mera liberalitate et gratia nostra , ad instantiam ipsius domini papae , temporalia ad eundem episcopatum spectantia eidem episcopo red . didimus . et ideo vobis mandamus , quod eidem episcopo tanquam domino vestro in omnibus , quae ad praedictum episcopatum pertinent , intendentes sitis & respondent●s● teste rege apud westmonast . . die martii . et mandatum est magistro de wanton . custodi ejusdem episcopasus , quod de castris , maneriis & omnibus aliis ad praedictum episcopatum pertinentibus , quae extiterunt custodiae regis ratione vacationis ejusdem episcopatus , ei plenam seisinam habere faciat . teste ut supra . the dean and chapter of elfin in ireland , against the kings prerogative ▪ elected a bishop without the kings license first obtained ; the king upon petition , out of his special grace , gave his royal assent thereto , & that he should be consecrated by the archbishop of tuam , yet so , as by this his special grace at this time , no prejudice should accrew to the king , nor any prerogative to the dean and chapter for the future , to elect a bishop before the kings license first obtained . rex adhibuit assensum electioni factae de thoma decano de archarda , in episcopum elfinensem & mandatum est m tuamensi archiepiscopo , ut quod suum est exequaetur . in cujus , &c. teste rege apud woodstock ▪ die augusti . licet autem decanus et capitulum elfin praedictum eiectum elegerint , non praeobtenta a rege licentia eligendi ; quia tamen periculum eidem ecclesiae immineret , rex electioni suae assensum durit adhibere . ita tamen , quod occasione gratiae regis hac vice eis impartitae , nullum regi praejudicium in posterum generetur , nec illis aliquaw praerogativam conferat electio illa , quin capitulum effin . cum sedes vacaverit , a rege antequam eligant haveant licentiam eligendi . the king by his ecclesiastical praerogative having right to present to the church of st michael in coventry then voyd , during the vacancy of the bishoprick , the archdecons of coventry and salop , after the bishops death , during the vacancy , presumed , without the kings privity , in derogation of his royal prerogative , to appropriate ●● markes a year of the profits of the said church to the canons of litchfield ; and ●● markes more to the use of the monkes of coventry , and the rest of the profits they alotted to the vicar for the time being , who should serve the cure ; putting a vicar into possession of the said church . which the king conniving at till a fit season , presented ralph de leicester his clerk to the said church , notwithstanding this appropriation , which he declared nul and voyd . whereupon the vicar cited him before the popes delegates , and likewise kept forcible possession of the church , with armed men against him . the king informed thereof by ralph his clerk , issued a writ to the sheriff of warwick , to remove the force ; who thereupon repairing to the church with the kings clerk , and finding resistance , brake open the church doores , in which scuffel some were wounded , besides the kings and sheriffs intentions : the king avowed this act of the sheriff as his own , being done by his writ for his honor and service ; yet the bishop of coventry excommunicated both the kings clerke amd all his men , with all those who assisted the sheriff in executing the kings writ ; the king thereupon issued forth these two memorable writs : the first of them to the sheriffs of warwick shire , to repair to the bishop , to admonish and intreat him forthwith to recal his excommunication , under pain of seising his barony into the kings hands , in case of refusall , the bp. being obliged by his oath in respect of his barony to maintain the kings honor and dignity , whom he could not more offend or dishonor , then by excommunicating his subjects and officers for obeying his commands , which none would thenceforth execute , if they should not be protected against such unjust excommunications ; and commanded the bishop of lincoln , not to molest his clerke by reason of this excommunication , nor yet to publish it against him . the writ to the popes delegates not to proceed in this cause to dispossesse his clerks of this church whereof he had gained actual possession ; and to the dean and chapter of licfield , sheriff of warwick , and the clerk and vicar not to prosecute this cause , runs in this stile . rex vic. war. salutem . cum ratione nostri regiminis , ecclesiarum et libertatum ipsarum dati sumus a divina clementia ex debito defensores , injurias , et violentias a quibuscunque personis occasione quacunque illatas eisdem habemus cum industria propulsare , et justitia rationabiliter vindicare . hinc est , quod cum alias tibi praeciperimus , ut vim laicam inventam in ecclesia sancti michaelis de coventria in ipsius praejudicium & dilecti clerici nostri r. de leyc . quem ad praedictam ecclesiam sancti michaelis praesentavimus , & quem in possessionem ejusdem a domino papa delegati iudices induxerunt , ne ecclesia illa formam castri assumeret , amoveres , tanquam in perniciem libertatis ecclesiasticae introductam , ut vim laicam inventam non valens aliter amovere , nisi specialiter per ingressum , qui tibi clausis ecclesiae ostiis non patebat , pro ingressu fractionem ostii quam fecisti , cujus forsan occasione fractionis et ingressus praeter intentionem no stram et tuam , aliqui laesi fuerunt , ut nostro pareres mandato , ratam , coram coventr . et lichfield . episcopo habuimus et habemus plurimum et acceptam , tanquam nostro nomine regaliter expeditam . quia verò occasione hujusmodi fractionis & ingressus , dicto r. rectori ecclesiae praedictae , nichil de jure ab aliquo potest vel poterit imputari , quia dictum factum , non suum sed nostrum fuisse penitus protestamur ; et quia dictus episcopus tam dictum r. et suos , quam omnes illos qui tecum fuerunt tunc temporis , nominatim de facto excommunicationis sententia innodavit ; videntes ipsam in praejudicium regiae dignitatis , verum potius ecclesiasticae libertatis latam fuisse ; tibi praecipimus , quod monitis et precibus inducas episcopum diligenter , ut dictam sententiam quantocius studeat revocare . quod si noluerit facere , sciat ipse , et hoc sibi dicas , * quod ad ipsius baroniam manum nostram , quam cito nos super hoc certificaveris , extendemus ; ratione namque baroniae iuramento de conservandis terrenis honoribus dignitatis regiae est astrictus . quia magis offendere vel vituperare ( nos ) non posset quam per suas * excommunicationes subtrahendo subditos fideles nostros , a nostrorum praeceptorum executione , cum alias nostra iurisdictio non valeat explicari , nisi sint qui nostris mandatis pareant , ut tenentur : super transgressione vero iuramenti , altissimum ultorem poterit expectare . taliter hoc praeceptum nostrum adimplens , quod regiae dignitati pro defectu tui nichil debeat deperire propter quod reputemus merito nos offensos . teste meipso apud woodstock . die augisti anno regni nostri . per eadem verba mutatis competenter mutandis , scriptum fuit episcopo lincoln . usque ad hoc verbum , stude at revecare . et postea per haec verba . hoc autem vobis significamus , ut illius facti intellecta plenius veritate , si forsitan dictus episcopus vobis denunciaverit , dictum r. clericum nostrum excommunicationis sententia innodatum , ei propter hoc nullam molestiam inferratis , nec publicari illam sententiam faciatis , praesertim cum minus juste sit lata , et non de jure , licet de facto contra defensionem libertatis ecclesiasticae , quod ex praemissis apparet , &c. in prejudicium regiae dignitatis . teste ut supra . rex prioribus de thurgarton & de derb , & archid. stafford . salutem . monstravit nobis radulphus de leycestr . rector ecclesiae sancti michaelis de coventr . quod cum decedente h. de pateshull quondam coventr . & lichf . episcopo , dicta ecclesia sancti michaelis , tàm de jure quàm de facto vacaret . sicut per inquisitionem quam inde fieri fecimus nobis constitit , & constat manifestè , licet magistri a. de h. quendam archid. coventr . th. de wymundeham , & petrus de radenour , archid. salop. post mortem ipsius episcopi de ecclesia ipsa sic duxerint ordinand . videlicet , quod triginta marcae de eadem ecclesia cederent in usus communes canonicorum lichfield . & alia triginta marcae in usus monachorum coventr . & residuum ejusdem ecclesiae in usus vicarii qui pro tempore deserviret eidem ; nos fraudem illam dignitati regioe factam usque ad tempus oportunum dissimulare volentes , & invenientes per inquisitionem praedictam ecclesiam illam esse vacantem , praefatum r. clericum nostrum ad dictam ecclesiam vacantem ratione episcopatus coventr . & lichfield . vacantis & in manu nostra existentis , duximus praesentandum . qui quidem r. vicario per dictos magistros ad deserviend . illi ecclesiae assignato possessioni ejusdem tunc incumbente , ad judices delegatos literas apostolicas impetravit , pe● quos possessionem dictae ecclesiae finaliter est adeptus . et quia collationes tam ecclesiarum parochialium quam praebendarum spectantes ad episcopū ipso superstite , ad nos spectant sede vacante , et manifeste derogaretur dignitati nostrae , si ecclesia praedicta , quam post mortem praedicti episcopi vacantem invenimus , a praefato clerico nostro , cui eam ratione regiae dignitatis contulimus , evinceretur , vobis prohibemus , ne in causa illa de caetero procedatis . teste ut supra . eodem modo scriptum est decano & capitulo lichfield . ne prosequantur , & judicibus hereford . per eadem verba , & henrico de crok praesbytero , ne prosequatur , ut supra continetur . by these writs it is apparent ; . that the king himself may by his writs command bishops to recall , and not to publish illegal excommunications of his officers , clerks , subjects ; and command other bishops to absolve them , and seise their temporalties if they refuse to do it : ly . that such excommunications are against his crown and dignity , as well as his subjects liberties . ly . that he , his counsil and court are the proper judges of the legality of such excommunications . ly . that no ecclesiastical courts can hold plea of advowsons or churches after institution , and if they do , a prohibition lies to hinder them . the king to gratify the importunity of two of his clerkes notwithstanding the popes provisions were odious in england , granted liberty to the archbishop of canterbury and his official , for this time only , that they should confer livings on them by authority of the popes provisions directed to them ; so as this license of the king should not be drawn into consequence for the future . mandatum est magistro h. de mortuo mari , officiali cantuar. archiepiscopi , quod licet provisiones domini papae per quas mandat provideri clericis in regna angleae , odiosae sint in anglia , tamen concedit rex ad instanciam clericorum suorum , * guidonis de russillun et guidonis de palude , quod hac vice provideat hugoni breshett , clerico authoritate summi pontificis domino archiepis . et ipsi officiali commissa , ita quod illa licentia regis in consequentiam non trahatur . teste rege apud woodstock . . die augusti . the king having intelligence that the pope intended by all means to dispose of the archbishoprick of ardmath in ireland , by way of provision , to prevent his design , authorised his cheif justice at this time to grant a license in the kings right to the dean and chapter , to elect a bishop , and to consent to his election , and that they should demand such a license from him , so as he tooke caution from them by their letters patents , that it should not prejudice the king at any other time . quia rex accepit , quod dominus papa modis omnibus intendit ad ordinandum de archiepiscopatu ardmachano , rex dat potestatem johanni fil . galfridi iustic . hiberniae , concedendi capitulo ardmachan . vice regis , licentiam eligendi , et etiam electioni factae hac vice consentiendi : unde mandatum eidem iusticiar . quod accipiat a praedicto capitulo per literas suas patentes cautelam , quod alias non cedet in praejudicium regis . et huc significatum est eidem capitulo , ut ab ipso licentiam petant eligendi . i shall conclude the history of this year ( anno h. . . ) with matthew paris his observation : * transit igitur annus ille terrae sanctae suspectus , ecclesiae nocivus universali , adversarius imperio , regnis quoque francorum et anglorum depraedator , romanae curiae infamis et turbulentus : by reason of pope innocents intollerable insolencies , rapines , oppressions , innovations , treasons , which he prosecuted with greater vigor the next year , anno . quiest annus regni domini henrici . regis . as the same historian thus informs us . eodemque tempore urgente mandato papali redivivo , de importabili contributione praetacta , ad quam episcopi in generali concilio clerum infoeliciter obligarunt , fecit dominus rex magnates suos , necnon & angliae archidiaconos , per scripta sua regia londinum convocari . quo cùm pervenissent die praefixo , episcopi omnes ( such was their treachery , timidity , and servility to the pope , whose interest they preferred before the kings , kingdoms , churches , and their own common liberty , and publike safety ) sese gratis absentarunt , ne viderentur propriis factis eminus adversari . sciebant enim corda omnium , usque ad animae amaritudinem , non immerito sauciari . the parliaments and clergies letters to the pope , and proceedings therein are * formerly related . notwithstanding which letters , pope innocent sent several freers minorites and other harpies , with the power , authority , but not the name of legates , into england , scotland , ireland , and france , to exact and levy monies to carry on his wars against the emperor , which were generally opposed in most places ; thus related by matthew paris , and others . dum fortuna praestigiosa mundo talibus illuderet fallaciis , duo fratres de ordine minorum , johannes & alexander , natione anglici , potestatem a domino papa obtinentes extorquendi pecuniam ad opus domini papae , in angliam ab ipso papa destinantur . qui multis bullatis literis papalibus armati , & sub ovino vellere lupinam rapacitatem palliantes , post ad regem simplici intuitu , vultu demisso , sermone blando pervenientes , per regnum vagandi postulabant auxilium , ad opus domini papae charitatem petituri , nullam se coertionem facturos asserentes . ex licentia igitur domini regis , nihil sinistri super his meditantis , dicti fratres à curia regis , jam legati sophistici donis clericorum regalium superbientes , nobiles mannos obsidentes , sellis deauratis falerati , preciocissimis vestibus adornati , calceamentisque militaribus , quae vulgariter heuses dicuntur , saeculariter , imo potius prodigaliter calceati & calcarati , in laesionem et opprobrium ordinis et professionis suae , profecti sunt , officio et tyrannide fungentes legatorum , et procurationes exigentes et extorquentes , . solidos pro procuratione parum reputarunt . adeuntes igitur primo praecellentiores angliae praelatos , pecuniam ad opus domini papae sub poena formidabili procaciter exigunt , terminum responsionis vel solutionis nimis abbreviantes , literas papales fulminantes ostendendo , quas quasi cornua minacia protuletunt . et cum ad episcopum lincolniensem pervenissent , qui semper ordinis eorum aemulator & amator singularis , adeo ut ad ordinem eorum propositum habuerat convolandi , extiterat , obstupuit vehementer , videns talem fratrum minorum monstruosam in habitu & gestu , necnon & officio transformationem ; non enim de facili deprehendi potuit , cujusnam ordinis jam essent vel conditionis . et cum sacros apices papalis mandati eminus dejurantes , praecipuè de credentia pecuniae , * nam parvam quantitatem , sex millia videlicet marcarum , ex episcopatu suo instanter exigebant . cui episcopus non sine magno cordis stupore & dolore respondit : frater , haec exactio , salva papali auctoritate , inexaudibilis et inhonesta est , quia ad implendum impossibilis est , nec me solum contingens , imo totius cleri et populi , necnon et regni universitatem . arbitror igitur temerarium et absurdum tibi certum super hoc , inconsulta regni communitate , praecipitanter dando responsum , tam arduo consilio ex negotio diffiniendo consentire . et he inde recedentes , ad ecclesiam sancti albani falerati & transformati ( ut praedictum est ) pervenerunt : & non curantes ad solitum fratrum minorum hospitium , quod infra portam curiae honestissimè cum omnibus pertinentiis aedificatum est ad opus specialiter praedicatorum & minorum , venire vel descendere , in hospitio solenniori , ubi scilicet episcopi & honorabiles viri declinant , sunt recepti reverenter . et ecce sicut ab episcopo memorato , sex marcarum millia exigebant , ita quadragintas marcas ab dicto abbate , ad opus domini papae , instantissime sub magna poena et in brevi termino , nisi ipsi ordinando providerent , persolvendas postulabant . quibus cum abbas eodem modo quo praedictus episcopus respondit , humiliter respondisset , ipsi fratres habitum cum gestu saecularem induentes , & equos suos nobiles ascendentes , cum minaci murmure recesserunt . eisdemque diebus , dominus papa apices suos authenticos per solennes nuncios praedicatores & minores , misit ad omnes franciae praelatos sigillatim ; supplicans , ut unusquisque juxta suam possibilitatem , sibi unam quantitatem pecuniae accommodaret . et ipse proculdubio cùm respiraret , quod cuilibet competeret , redderet indubitanter : quod cum regi francorum innotuisset , suspectam habens romanae curiae avaritiam , prohibuit ; ne quis praelatus regni sui sub poena amissionis omnium bonorum suorum , taliter terram suam depauperaret . et sic cum sibilo et derisione omnium papales legati sophistici quorum humeris hoc officium incumbebat , inanes et vacui a regno recesserunt memorato . et dum ima summis rota fortunalis sic commutaret , dominus papa non credens sufficere ad pecuniam argumentose vindemiandam jam missos diversos numismatis collectores ; in angliam magistrum marinum , alterum martinum capellanum suum , qui ex nominis sui impositione in hoc mundano mari piscatorem non hominum , sed eorum possessionum , prudenter elegerat , destinavit ; ut aliis venantibus , iste piscando miseros anglos vel puniendo eminus inescaret , vel fallendo cautius irretiret . nic igitur quamvis insigniis legati non polleret , potestate tamen legati , ut sic domini regis privilegio illuderetur , fortius armabatur . illis quoque diebus , missus est à domino papa godefridus filius praefecti romae , electus bethlimitanus legatus in scotiam , nescitur ad quid ; cum ibidem fides catholica vigeat incontaminata , & pax tam cleri quàm populi floreat roborata . credebatur igitur , ut secundum romanorum consuetudinem , quod praedictus godefridus , velut adamas ferrum , sic attraxerit argenti concupiscibilis scotorum redditus aduberes et concupitos . eisdemque diebus missus est in hiberniam magister johannes rufus , ad pecuniam ibidem colligendam , cum potestatis plenitudine quasi legatus ; non tamen insignibus legati redimitus , ne videretur papa dominum regem angliae offendisse ; qui privilegio tali se gaudet umbraliter communitum , ut non veniat legatus in terram suam nisi postulatus . memoratus igitur johannes tam vigilanter mandato papali , & suae indulsit utilitati & lucro , ut sex millia marcarum ab hibernia extorserit ; quae per conductum religiosorum in festo sancti michaelis fecit londinum transportari , & thesauro papali gaudenter accumulari . quae omnia fredericum minimè latuerunt . per idem quoque tempus , propter scandalum indecenter per diversa climata ventilatum , cogentibus cardinalibus , revocatum est , quod paulo antè à domino papa , instigante manifesta avaritia ▪ fuerat constitutum , & ad quod fratres minores , in damnum & scandalum eorum & sui ordinis laesionem , exequendum procuratores constituerat , ut videlicet bona decedentium intestatorum , in usus proprios dominus papa sibi vendicaret , tamen quia in injuriam & damnum multorum redundabat , tum propter illam iniquam adjectionem , quae contra jura & omnem pietatem illi statuto addebatur . quae talis extitit : quod si infirmus testamentum conditurus imbecillitate repentina praeoccupatus , non posset expresse verba testimenti sui exprimere , & aliquem de amicis constitueret super hoc expressorem & executorem ; non staret tale testamentum , sed pro nullo haberetur ; & testator talis pro intestato reputaretur , et omnia bona ejus papalis charybdis deglutiret . eodem anno , in principio quadragesimae , venit quidam de ordine minorum johannes nomine , de quo facta est mentio in foliis praecedentibus ; qui exigit ab ecclesia sancti albani quadragintas marcas auctoritate apostolica , londini , post festum decollationis beati johannis , deferens mandata ab apostolica sede ad votum impetrata de novo ; quia abbas memoratus , ad sedem apostolicam et cardinales , super tam importabili gravamine , appellaverat . citavit igitur abbatem auctoritate novi mandati apostolici , ut ipse tertia die sequenti , scilicet in crastino sancti aegidii veniret londinum , vel sufficientem procuratorem & benè instructum pro ipso destinaret ; ut satisfaceret ei de subsidio domini papae dudum postulato . misit igitur abbas suum illuc procuratorem , scilicet suum archidiaconum , ad diem illam . qui quidem procuratores petierunt sibi fieri copiam illius novi mandati , & vix impetrarunt , & transcripserunt . quod est tale . innocentius episcopus , &c. dilecto filio suo j. abbati sancti albani , lincolniensis diocaesis , salutem & apostolicam benedictionem . quotidiana persecutionis instantia saecularis sua nos acerbitate compellit , ut pro subventione apostolicae sedis resistentes eidem , necessariò recurramus ad auxilia subditorum . quocirca discretionem tuam de fratrum nostrorum consilio rogamus , hortamur , & monemus attentè , per apostolica scripta mandantes , quatenus his qua dilectus filius noster frater johannes anglicus , minister provincialis fratrum minorum provinciae lator praesentium , nuncius noster , ex parte nostra super subsidio sedis ipsius tibi proponet , adhibeas plenam fidem , & diligenter attendens , quod ecclesia taliter resistendo , generale omnium ecclesiarum & ecclesiasticorum virorum prosequitur interesse , liberaliter & libenter ea studeas adimplere ; ita quod id nobis & fratribus nostris esse possit acceptum , & tuae devotionis affectus per exhibitionem , quae testimonium est credibile veritatis , pateat actionum . datum lugduni , quarto idus octobris , pontificatus nostri anno quarto . cujus auctoritate ipsius procuratoribus injunxit frater johannes , ut die octavo sequente comparerent loco , quo prius comparuerunt , nisi satisfacturi in . marcis argenti . alioquin mandatum domini papae exequeretur , excommunicando , interdicendo . responderunt procuratores , quod abbas fuit in destinando nuncios suos speciales ad praesentiam domini papae , ad ostendendum ei gravamina sua , & ad satisfaciendum e● secundum facultates ecclesiae suae & subditorum suorum , ab appellationibus prius interpositis non recedens . haec cùm benè processerat annus , contigerunt . ordo quidem praeposterus , sed necessariò commutatus : ubi enim dolor , ibi & digitus . ad majorem etiam anglorum depressionem et gravamen , aucta est ejusdem fratris johannis potestas et aggravata ; sed & ipse stimulatus à papa ut exigeret ampliora , his literis . innocentius , &c. intellectis his quae tuis literis intimasti , praesentium tibi auctoritate mandamus , quatenus si major pars pralatorum ecclesiasticorum regni angliae , tibi super exhibendo ecclesiae romanae subsidio , per te auctoritate nostra petito , respondit , se exemptos et alienos , ut majorem etiam quam petieris ab eisdem , assignent quibus volueris pro subsidio memorato infra terminum competentem pecuniae quantitatem , per censuram ecclesiasticam appellatione remota compescendo ; quocunque privilegio , seu indulgentia qualibet non obstante , licet praesentes express●m de ipsis non faciant mentionem . datum lugduni , . calendas augusti , pontificatus nostri anno quarto . si quis autem priores potestates ejusdem fratris johannis videre desiderat , in libro literarum ipsas poterit repetire . haec igitur cùm ad multorum audientiam pervenerunt , videlicet , quod tam frequens extorsio pecuniae violenta per papam et suos legatos sophisticos et transformatos facta est , nec praevaluerunt sanctorum privilegia vel indulgentiae patrum ipsos defendere ; formidabant vehementer , ne principes et magnates laici et saeculares , qui vel quorum praedecessores ecclesias fundaverunt , dotaverunt , et ditaverunt , et suas ob hoc possessiones pro magna parte mutilarunt , et inde chartas suas confecerunt , re acciperent ecclesiarum bona et possessiones , exemplo papae edocti , * non obstante talis vel talis chartae tenore ; praesertim cum ex illis , contra fundatorum intentionem , papa et sui , quos vult , italici et alii alienigenae , indigenis esurientibus saginantur . the abbot of st. albans to preserve the priviledges of his church , thus invaded by the popes bulls and harpies , advising with his covent , appealed to the pope against these his exactions , which the popes agents slighting , proceeded against him notwithstanding his appeal , by the popes directions . cum autem conventus ab abbate consultus , memoratae ecclesiae , scilicet sancti albani , se gravatum undique conspiceret , appellando ad sedem apostolicam , quae solet omnium oppressorum pondera relevare , monachum unum , scilicet dominum johannem bulum , & magistrum adam de bern ad sedem apostolicam , videlicet lugdunum , maturius destinarunt ; sed antequàm rediret , memoratus frater johannes abbati sancti albani mandatum sub hac forma transmisit : venerabili viro domino johanni dei gratiâ abbati sancti albani , frater johannes domini papae nuncius in anglia , salutem in domino . licet vobis jamdudum pluries scripsimus , adhuc vobis semel , recepto super hoc cogente mandato , scribere decrevimus ; rogantes & monentes , & in virtute obedientiae auctoritate domini papae praecipientes ; quatenus omni occasione remota , die martis proxima ante festum sancti thomae apostoli , sitis apud bereford in loco fratrum minorum , de subsidio romanae ecclesiae ad plenum satisfacturi ; taliter facientes , ne , quod absit , oporteat , ut inviti juxta praedicti mandati tenorem procedamus , nec propter appellationem a vobis factam dimittere oporteat , quoniam super hoc recepimus speciale mandatum . valete . quod autem super his sitis facturi , nobis per latorem praesentium rescribatis . appellatum est igitur ad domini papae praesentiam . maluit enim tàm abbas quàm conventus examen papale subire , & praecellentissimi hominum , quàm illius qui sub veste humilitatis & paupertatis tantam palliavit asperitatem . verùm destinatis ad curiam romanam in quindena sancti michaelis nunciis , instabat acriùs memoratus frater johannes comminando . missis igitur ad ipsum archidiacono sancti albani , & quibusdam fratribus , ut ipsius johannis rigorem mitigarent , respondit , quod quicquid rigoris justitia cum sua potestate permitteret , pleniùs exerceret ; eò quod quando ad sanctum albanum fuisset , ipsi tanquam legato , vel saltem papali nuncio , debitam reverentiam monachi non exhibuerunt ; imò à quibusdam de transgressione ordinis sui , qui habitum mutaverat , redargueretur ; cum tamen satis reverenter ac curialiter , tàm in esculentis & poculentis , quàm verbis satis mitibus ac discretis , exciperetur . vix igitur tandem flexis genibus & verbis deprecatorus inducias impetrarunt , donec de nunciis ad curiam romanam destinatis , aliquid certum audiretur . de quorum negotio expediendo , frater ipse johannes nil boni vel favoris obtinendum pollicebatur . scripserat enim domino papae exasperans eum vehementer , & asserens , quod solus abbas sancti albani inter omnes abbates angliae recalcitrans mandato papali non obedivit ; quod idcirco manifestius apparuit , quia nuncium destinavit . unde nuncii ad curiam romanam destinati , quasi quibusdam repagulis oppositis praepediti , diutiùs in curia morabantur , & difficiliùs negotium suum expediebant . tandem procurantibus amicis in curia venalibus et conductitiis , finem fecerunt domino papae pro ducentis marcis ; et sic donis et expensis omnibus computatis , absorbuit illius curiae charybdis insatiabilis trecentas marcas ; et sic ecclesia sancti albani , quae caeteris tutius et specialius sub alis papalibus teneretur respirare , talibus continuis oppressionibus incessanter gravius caeteris vexabatur . nam episcopi , in quorum episcopatibus cellae nostrae erant , non reputantes literas papales robur obtinere firmitatis , priores cellarum vexabant ; non enim considerabant tenorem literarum , vel scire dissimulabant , in quibus expressè continetur , quod à praestatione praedictarum undecim ( millium ) marcarum exempti , per eos excipiebantur , ab ipsoque apporiandi exponebantur , & per dominum papam tres clerici seponebantur . quarum literarum totalis sententia in libro additamentorum continetur . tandem cohibente eos inspectione dictarum literarum , & literis memorati fratris johannis , cessarunt episcopi , licet inviti , dictas cellas amplius fatigare ; quae praerepta fuerant , minimè restituentes . the popes powers and four bulls to which matthew paris here and before referres us , are thus recorded in his additamenta , published in the last impression of his works , londini . innocentius , &c. johanni anglico , &c. cum venerabilibus fratribus nostris cantuariensi & eboracensi archiepiscopis , & suffraganeis eorundem , necnon dilectis filiis abbatibus exemptis & quibusdam aliis clericis in cantuariae & eboraci provinciis constitutis , de fratrum nostrorum consilio nostris dedimus in mandatis , ut hiis quae tu ex parte nostra super subventione apostolicae sedis propones eisdem , adhibeant plenam fidem , et liberaliter ac libenter ea studeant adimplere : discretioni tuae praesentium auctoritate mandamus , quod si qui forte ipsorum mandatum hujusmodi non adimpleverint per effectum , illos quos prudentia tua viderit esse cogendos , per te vel ordinis tui fratres quibus super haec commiseris vices tuas , ad id per censuras ecclesiasticas appellatione recusata compellas , quocunque privilegio aut indulgentia qualibet non obstante , licet praesentes ex ipsis expressam non faciant mentionem . datum lugduni , quinto idus octobris , pontificatus nostri anno quarto . here this pope not only authorizeth these freers , against their orders , vows , profession , to be his tax-masters , collectors , extortioners , but likewise enables them to suspend , interdict , excommunicate the archbishops , bishops , clergy , abbots of england , who should oppose his intollerable papal exactions , notwithstanding any appeal , priviledge or indulgence whatsoever formerly granted them . innocentius , &c. fratri iohanni anglico , &c. ecclesiae necessitatibus circumscripti , venerabilibus fratribus nostris cantuariensi & eboracensi archiepiscopis ac suffraganeis eorundem , necnon dilectis filiis abbatibus exemptis , & quibusdam aliis clericis in cantuariensi & eboracensi provinciis constitutis , de fratrum nostrorum consilio nostris dedimus in mandatis , ut hiis quae tu ex parte nostra super subventione apostolicae sedis propones , eisdem adhibeant plenam fidem , & liberaliter ac libenter ea studeant adimplere . caeterum quia onus quod in plures dividitur facilius supportatur , de prudentia tua plenam in domino fiduciam obtinentes , dandi per te vel alios ordinis tui fratres , quibus super haec commiseris vices suas , authoritatem archiepiscopis suffraganeis & abbatibus mrmoratis , ut subditos per censuras apostolicas appellatione recusata compellere possint , ut eos etiam per teipsum , vel dictos fratres similiter compellendi ad contribuendum super subventione praemissa de bonis ecclesiasticis , juxta proprias facultates authoritate praeconcedimus potcstatem . datum lugduni , sexto idus octobris , pontificatus nostri anno quarto . archiepiscopis , &c. mandamus , quod i. pro quibusdam ecclesiae romanae negotiis destinamus , pro reverentia beati petri & nostri , recipiatis benignè , ac tractotis honestè , in nècessariis , & securo conductu eundo , meando , & redeundo , sibi pro se ac aliis quos secum duxerit , & in evectionibus corundem , si aliquando eos contigerit ipsas habere , necnon pro nunciis quos interdum duxerit destinandos liberaliter providentes , ita quòà vestrae dilectionis affectum possimus exinde commendare . alioquin excommunicatos vos esse , &c. this papal priviledge for this harpyes protection and favourable reception by those he was sent to rob , spoyle , plunder , was backed with this further mandate , to inquire of all alienations and dispositions of lands or churches , and simoniacal contracts made by ecclesiastical or religious persons , or other patrons , or his own real or pretended nuncioes , to ingrosse the sale and disposition of them by his provisions into his owne hands , whose provisors agents unjust vexatious practises to gain benefices or pentions out of them , are here fully expressed to the life . innocentius episcopus , servus servorum , &c. dilecto filio fratri johanni ordinis minorum , nuncio nostro in anglia salutem , & apostolicam benedictionem . nostris est nuper auribus intimatum , quod plerique ecclesiarum praelati regni angliae , non attendentes ad humanos usus non debere transferri , quae juribus sunt ascripta divinis , jure patronatus , & advocationis quae in aliquibus ecclesiis obtinebant , in personas laicas concessionis vel alienationis titulo , seu alias , pro suae voluntatis arbitrio transtulerunt , capitulorum suorum aliquando interveniente consensu , & diocesanorum , quod vix credimus accedente favore . nonnulli quoque abbates & priores diversorum ordinum tàm exempti quàm non exempti regni praefati propris commodis per modos illicitos inhiantes ( as this pope and his agents really did ) in ecclesiis parochialibus jus patronatus exemptionis titulo , vel aliis perversis contractibus assequuntur . et sic easdem ecclesias quandoque de suorum diocesanorum consensu , quandoque motu proprio non verentur suis , vel membrorum suorum contra deum & canonic as sanctiones , usibus applicare . quidam vero executores super clericorum provisionibus dudum in eodem regno a sede apostolica deputati , cum aliqua beneficia ecclesiastica , de quibus eisdem clericis provideri poterit , vacare contigerit , in alienis negotiis suae fidei confidenter commissis , privata commoda infideliter prosequuntur , dum abbates et priores aliosque ecclesiarum patronos , ad quorum praesentationem noscuntur eadem beneficia pertinere , excommunicant et suspendunt , ipsosque taliter impeditos , ad ordinationes ecclesiarum suarum procedere non permittunt , donec sibi ipsis vel aliis suis consanguineis vel amicis , non autem illis quibus provideri mandavimus , a patronis eisdem , minis et dolis interdum inductis , eadem beneficia seu provisiones annuae assignentur . aliqui etiam executores hujusmodi , se nuncios nostros in regno angliae asserentes ( quanquam alium praeter te in codem regno nos habere nuncium nesciamus ) mandati nostri praetextu quo eis in aliquibus clericis in eodem regno de beneficiis ecclesiasticis , quae tanto tempore vacaverunt , quod ad nos est collatio secundum lateranensis statutum concilii devoluta , providere procurent , dicuntur injunxisse religiosos viros super ecclesiis qua sibi concessas in usus proprios per longissima tempora pacifice possiderunt , infeffant , nec ab eorum super hiis infestatione desistunt , donec iidem religiosi aliqua summa pecuniae , vel assignatione annuae pensionis , vexationem suam redimere compellantur . cum igitur haec non sint sub dissimulationis silentio trans●undae , discretioni tuae in virtute obedientiae districtè praecipiendo mandamus , quatenus per te ac alios seculares , vel cujuscunque religionis vel professionis viros , quos ad hoc in diversis locis ejusdem regni vice nostra , quam tibi super hoc praesentium authoritate concedimus , duxeris deputandos , super praemissis diligentiùs veritate , hujusmodi alienationes , venditiones , seu emptiones , de patronatibus vel advocatiis ecclesiarum , quae cum spiritualibus sint annexae , vendi vel emi taliter nequeunt , à quibuscunque praesumptas vel in posterum praesumendas , quas irritas esse decernimus ; denuncians nullas esse eas , & quicquid ex ipsis vel ob eas circa ecclesiarum parochialium statum inveneris temerè immutatum , in statum debitum de plano & absque judicii strepitu revocare procures . executores verò praedictos , ad resignanda & restituenda quaecunque ips●s inveneris de praedictarum concussionum scelere percepisse , authoritate nostra per te ac alios quos ad hoc ( ut praediximus ) deputabis , qua convenit districtione compellas , redditurus nos nihilominus de illis quos de hiis deliquisse compereris , per tuas literas continentes meram & plenam rerum seriem , certiores , ut circa eos prout culpae qualitas exegerit procedamus . contradictores per censuras ecclesiae apostolicae appellatione postposita compescendo , non obstante si aliquibus sit ab apostolica sede concessum , quod excommunicari , suspendi , vel interdici non possint per literas apostolicas , non facientes plenam et expressam ac de verbo ad verbum de indulto hujusmodi mentionem , seu quod ad susceptionem causarum vel executionum , quae sibi authoritate sedis ejusdem committi contingit , minime teneantur , vel constitutione de duabus dietis edita in concilio generali . datum laterani quinto idus januarii , pontificatus nostri anno undecimo . this pretended reformer of these simoniacal practices , and former nuncioes abuses , rapines , armed with so many papal bulls , proved as bad yea worse an exactor , and oppressor , then any of his predecessors . whereupon per idem tempus , dominus rex comperiens regnum suum enormiter periclitari , jussit omnem totius regni nobilitatem convocari , ut de statu ipsius , tam manifeste periclitantis oxonii die qua cantatur , quasi modo geniti , diligenter contrectarent . praelatos autem maxime ad hoc parliamentum vocavit arctius , quia videbat eos dominus rex tam frequenter depauperari per papales extorsiones , et thesaurus angliae tam frequenter asportabatur , nullumque commodum inde provenit ecclesiae , imo multimodum incommodum generavit . vnde veraciter perpendebatur , quod talis extorsio summo quamplurimum displicuit creatori . sperebatur autem certissime , aliquid salubre ecclesiae , et regno ibidem statuendum , quod tamen omnes hoc sperantes fefellit : nam cum antea aliqui praelatorum praetactae contributioni praeposuissent contradicere , ibidem omnes in contributionem undecim millium marcarum consenserunt ; exceptis exemptis , et tribus clericis . ipsi igitur clerici per hanc impetrationem toti regno se suspectos reddiderunt , ( and that deservedly , such was their sordid cowardice , treachery to the king , kingdom , nobles , church of england , and their own interest . ) pecunia autem memorata per manus wintoniensis & norwicensis episcoporum armatorum authoritate papali soluta est & recepta , & clerus compulsus est ad plenariam solutionem ejusdem faciendam . exponebantur autem exempti papali arbitrio , qui eis minimè pepercit ; sed per fratrem saepedictum iohannem tot jacturis et injuriis , ut praenotatur , fatigavit . nee idcirco mitius cum abbate sancti albani egit dominus papa , quo anno proximò praeterito ipsi octoginta marcas transmisit . timebatur autem , ne dominus rex , ex permissione mutua & consensu relativo , inter ipsum et papam ecclesiam et etiam regnum consimili exactione foret compulsurus . sicut nuper pro rege dominus papa scripserat angliae magnatibus , in pecunia colligenda promovendo . not long after , to promote the popes exactions , and drain the english clergies purses , applicuit in anglia episcopus sabinensis , romanae ecclesiae cardinalis , iturus in partes boreales legatus , norwegiam , dac●am , & suetiam ; & regem norwegiae haconem in regem inuncturus & coronaturu● . qui tamen in angliam zingressurus , primo difficultatem de licentia a rege invenit , quia semper solent legati quales quales , et omnes nuncii papales , regna quae ingrediuntur depauperare , vel aliquo modo perturbare , donec jurasset in anima sua , quod ob nullum regis vel regni , vel ecclesiae detrimentum , in angliam veniret : nisi tantummodo tranquillum transitum faceret per ipsam terram de portu doverae ad portum lennae , ad regna ulteriora statim tempore opportuno , et obtento vento prospero , migraturus . sed postquàm licentiam benignè dicto modo obtinuisset , intrepidus intravit , & domino rege salutato , & muneribus gratuit●s acceptis ab eodem , ad lennam iter maturavit , et ibidem per tres ferè menses commorans , non potuit romanis innatam cupiditatem cohibere , quin ad episcopos et abbates , et priores nuncios furtivos , ad uberes mitteret postulando procurationes , et munera preciosa , in domibus manerii episcopi norwicensis , quod geywudae dicitur , commorando , ita quod quaestus sui , ad quatuormillia marcarum ascendere dicebatur : veruntamen ut sub specie sanctitatis omnia palliaret , crebro sermonem faciebat populo . et cum navem ascensurus fuisset , quem opulentissimè communiverat multo frumento & doliis quàmplurimis vino plenis praeelecto , & aliis victualibus , jussit cuidam fratri de ordine praedicatorum in ipsa missam celebrare , quod & factum est , non sine multorum , qui hoc non praeviderant , admiratione . habebat namque in ipsa navi , ficut de arca noë legitur , ( such was his pomp and pride ) diverticula & tristegas , cameras & conclavia , quae specialiter propter ipsum artificialiter fuerunt composita . et sic vento flante prospero , dataque angliae , & suis anglis prodigis benedictione , pelago septentrionali sese dives factus commisit . how he fleeced and preyed upon the northern kingdoms for the popes and his own advantage , as his confederates had done the english and french , * matthew paris informs us . coronatus est rex hacon , & in regem inunctus solenniter apud bergas , ab episcopo sabinensi , legato tunc in partibus illis existen●e . pro cujus honoris et beneficii exhibitione , papae dominus rex quindecim millia marcarum esterlingorum numeravit . legatus vero acceptis donativis impreciabilibus quingentas extorsit marcas ab ecclesiis regni illius . verunta . men idem rex cruce signatus à domino papa impetravit recipere tertiam partem proventuum à viris ecclesiasti●is regni sui , ad suae viatica peregrinationis ; the transactions and letters passed between the king of france and haco concerning this his pretended pilgrimage to jerusalem ( worthy perusal ) you may read more at large in this historian . the pope not contented thus to extort money in all places by croysadoes , procurations , and such like exactions , made a very gainfull trade of selling archbishopricks , bishopricks , and other ecclesiastical preferments to ambitious persons who would give most for them , as matthew paris thus insmuates in one memorable instance , of odo archbishop of rhoan , of whom * before . anno quoque sub eodem odo archiepiscopus rothomagensis , quondam abbas sancti dionys●● , divino , ut creditur , percussus judicio , subito obiit ; cum jam vix per annum sophisticè sede archiepiscopali praesidens , nomen tantum et officium sibi temere usurpasset , & petro suo antecessori fructus archiepiscopatus distribuisset . ipse enim anglicus natione , abbas extiterat sancti dionysii , quem ambitio et superbia adeo ad archiepiscopatus praedicti dignitatem infoeliciter attraxerant , ut domum suam irremediabiliter aere alieno obligatam dereliquerit , et dignitatem praetextatam , symoniace in sui perniciem consequebatur ▪ as most other archbishops , bishops and abbots did in that simoniacal age . moreover this avaritious simoniacal pope made a gain of his very bulls for canonizing and translating popish saints , as he did this year by his long deferred canonization and translation of st. edmund , bishop of canterbury , ( the bull and history whereof , you may read at leisure in * matthew paris , matthew westminster , henry de knyghton , matthew parker , and godwin in his life , ( to omit all others ) from whom this popes predecessors had extorted vast summs of money , and so much vexed , discontented ( notwithstanding his pretended sanctity and miracles ) that he left his bishoprick , and * died for meer grief . and to adde oppression to oppression , this aegyptian papal taxmaster to gratifie richard earl of cornwall , william de longa spata , and other english nobles , to abate or take off their oppositiō against his insufferable exactions , granted thē special bulls ( as he had done to the king of france , and haco , who had taken up the crosse , under pretext of ayding them in their voyage to the holy land , for which they had crossed themselves ) to exact monies from the english , to their great oppression . eodem quoque anno episcopus wygorniae , & willielmus longa spata , & galfridus de lucy , in episcopatu wigorniensi , & multi alii nobiles de regno angliae , exemplo regis francorum , & nobilium de regno francorum armati , cruce signabantur circa tempora rogationum . willielmus autem longa spata , ut de crucesignatis emolumentum metens ubi non seminavit , prudenter ad instar comitis richardi , colligeret , romanam curiam adiit , & super negotio suo alloquens dominum papam , ait ; domine , videtis quod cruce signor , & in procinctu itineris paratus sum eum domino rege francorum militare deo peregrinando . magnum nomen habeo et notum , willielmus scilicet longa spata , sed subest res parva . dominus enim rex angliae meus cognatus , & dominus naturalis , nomen mihi comitis cum substantia abstulit : hoc tamen judicialiter & non in ira sua fecit , vel impetu voluntatis , quapropter ipsum non criminor . necesse habeo ad sinum misericordiae vestrae paternum refugere , auxilium à vobis in hac necessitate petiturus . videmus namque nobilem virum comitem richardum , qui licet cruce non signetur , per obtentum gratiae vestrae in hac parte nimis fructiferae , à cruce signato populo non minimam pecuniam vindemiare in regno angliae , & ego ex eo spem consequenter accipiens , cruce signatus & indigens , eandem mihi postulo concedendam . considerans igitur dominus papa loquentis facundiam , rationis efficaciam , corporis elegentiam , se ipsi favorabilem exhibuit , concedens ei in parte quae postulavit , latam videlicet ex aliena cute corrigiam . * tunc etiam temporis comes richardus , authoritate domini papae , cujus indigentiae clàm & cautè satisfecerat , a cruce signatis infinitam collegit pecuniam , ita quod ab uno archidiaconatu dicitur sexcentas libras reportasse , harum literarum fretus auctoritate . consimilique cautela willus longa spata mille marcas et amplius de cruce signatis , ut praescriptum est , reportavit ; besides what archbishop boniface ( qui in partibus transmarinis domino papae militabat ) violently extorted by excommunications from the bishops and clergie of his province at the same time ; of which before . in regard of the manifold extortions this year both at home and abroad by the pope and his agents principally to raise and maintain wars against the emperor , mat. paris and matthew westminster render us this epitome , and brief character thereof . transiit igitur annus ille uberrimus in frugibus , in fructibus autem sterilis , angliae nocivus , walliae dominator tyrannicus , terrae sanctae inimicus , suspectus et formidabilis , ecclesiae nocivus universali , et spoliator turbulentus , italiae cruentus , imperio et curiae romanae infamis et inimicus , et praecipue regno alemanniae martius et hostilis ; regnis francorum et anglorum exactor hostilis et praedator turbulentus ; odium generans in cordibus praelatorum , et aliorum plurium contra papam , eo quod patronis violenter spoliatis , suspendit a beneficiorum collatione , quod est hactenus inauditum , et contra dominum regem , eo quod talia toleravit . as the pope thus vexed , oppressed the clergy and religious persons on the one hand this year ; so bishop grosthead and his ecclesiastical officers , vexed , oppressed the nobility and laity on the other hand , by bulls & priviledges obtained at a dear rate from this pope , as our historians and records inform us : for this robert grosthead bishop of lincolne after a long contest and suit at rome , anno dom. . purchasing from pope innocent the th . a priviledge * forecited ) to visit the dean , chapter , canons , clerks , ministers of the quire , and cathedral church of lincolne , and all the ministers , chaplains , churches and parishioners belonginging to the churches within his diocesse ; et ad correctionem excessorum ac morum reformationem libere admittendum . and likewise , that the canons of lincolne should yield and render to him canonical obedience and reverence ; obligare se tamen ad hoc iuramento manuali praestatione , seu promissione minime tēneantur , cum ad hoc consuetudine non juveris . the next year ( anno. . ) he visited his diocesse in pursuance of this priviledge , by his archdeacons , deans and officials , and ( at the suggestion of the friers minorites and predicants ) in his visitations and consistories made strict inquisitions concerning the continency and manners as well of the noble as ignoble , to the enormous defamation and scandal of many , compelling laymen to present and give in testimony in these cases upon oath ; an innovation never used in the realmes before : the king upon complaint thereof , issued forth writs to the sheriff of lincoln , to inhibit any lay persons within his county to appear before them to make any inquisitions , or take any oath at the will of the bishop , except only in causes of matrimony and testament ; which * matthew paris thus records to posterity , living at that time , within this diocesse , and taking special notice of these proceedings . his quoque diebus cum episcopus lincolniensis , supra quàm deceret vel expediret in subjectos suos , ad suggestionem , ut dicitur , praedicatorum & minorum , desaeviret , ita scilicet , ut faceret inquisitiones districtas per archidiaconos et decanos suos in episcopatu suo , de continentia et moribus tam nobilium quam ignobilium , in enormem laesionem famae multorum et scandalum , quod nunquam fieri consueverat , dominus rer audiens super hoc populi graves quaerimonias , consilio curiae suae , scripsit vicecomiti hertfordiae in haec verba , henricus dei gratia rex angliae , &c. praecipimus tibi , quod sicut teipsum et omnia tua diligis , non permittas , quod aliqui laici in balliva tua ad voluntatem episcopi lincolniensis , archidiaconorum , officialium seu decanorum ruralium in aliquo loco conveniant de caetero ad cognitiones per sacramentum eorum , vel attestationes aliquas faciendas , nisi in causis matrimonialibus vel testamentartis . quod cum audisset episcopus , asserebat , dominum regem quorundam conspiratorum qui jam in francia in consimilem audaciam proruperunt , vestigia securum . an insolent undutifull answer of a furious turbulent wilfull prelate . the conspiracie of the nobility and commonalty of france which grostheads words related to , is thus recorded by mat. paris ; they being intollerably oppressed by the insolencies , usurpations of the pope , french bishops , and clergy upon their antient liberties , rights , priviledges , by citing them into their ecclesiastical courts for temporal matters and causes belonging to the civil jurisdiction ; judging them by new canons and constitutions made by themselves alone , without common consent in their parliaments ; when as they ought rather to be judged by the nobles and laity , by whose valour and liberality they enjoyed all their ecclesiastical priviledges and possessions ; excommunicating , interdicting , enforcing them to take new oathes , and tyrannizing over them at their pleasures , as if they were slaves , and vassals , rather then freemen , they thereupon after all other fruitlesse complaints entred into a solemne league and confederacy against them , to vindicate and regain their antient rights and priviledges . cum vero dierum istorum fluenta prolaberentur , tepuit devotio fidelium , et filialis affectus charitatis , quem quilibet christianus adversus patrem nostrum spiritualem , videlicet dominum papam gerere teneretur , non sine animarum periculo , laesus deperiit , imo et in odium execrabile , et maledictiones occultas est conversus . videbant enim omnes et singuli , et videntes sentiebant , ipsum dominum papam pecuniae et pecuniarum rapinis , in multorum damnum , et depauperationem insatiabiliter inhiare . nec credebant jam multi ipsum potestatem beato petro concessam coelitus , videlicet , ligandi et solvendi obtinere , qui penitus beato petro dissimilis probabatur . resolutum est igitur os magna loquentium et obloquentium ubique locorum , et praecipue in francia . in qua quidem multi nobiles in ipsum papam et ecclesiam , quod nunquam meminimus evenisse , conspirabant , sicut in hac chartula quae gallica lingua conscribitur , quia sic ad notitiam nostram pervenit , poterit considerari . a tous ceux qui ces lettres verront , nous tous desquels les seaux pendent en cest present escript , faisons scavoir , que nous par la foy de nos corps avons fiance tant nous comme nos eirs a tousiours , a aydder les uns aux autres , et a tous ceux de nos terres , et d'autres terres , qui vouldront estre de ceste compagnie , a pourchasser et a requirir et a defendre nos droitz et les leurs en bonne fay envers la clergie . et pour ce qe serroit grieve chose nous tous assembler pour ceste besoigne , nous avons eslu par le common assent et octory de nous tous , le duc de burgoine , le conte perrun de bretagne , le conte de angulesme , et le conte de s. pol , a ce que si aucuns de ceste communite avoit a faire envers la clergie , tel ayd comme ces quatre devantdits esgarderoient que un homme luy deust faire , nous luy ferious . et cest a scavoir , que a se defendre , pourchasser et requerir , chascun de ceste communite mettre la centiesme part par son serment de la vaillance de un an de la terre quil tiendra . ct chascun riche homme de ceste compagnie fera lever ces deneers chascun an a son povoir a la purifification nostre dame , et les deliura ou il sera mestier pour ceste besoigne , par les letres pendantes de ces quatre avout nommez , ou des deux de eux . et il aucun avoit tort , et il ne vouloit laisser par ces quatre avant nommez , il ne serroit pas ayde de la communite . et si aucun de ceste compagnie estoit excommunie par tort , cognu par ces quatre , que la clergie luy feist , il ne lasseroit aller son droit ne sa querele pour les communiment , ne pour autre chose qu'on luy face , si ce n'est par l'accord de ces quatre , ou de deux de eux , ains poursuiveroit sa droiture . et si les deux des quatre moureroient ou alloient hors de la terre , les autres deux qui demuroient , mettroient autres deux en lieu de ces deux , qui auroient tel pouoir que est a devant divise . et sil advenoit que les trois , & les quatre allassent hors de la terre , ou mourissent , les douze ou les dix des riches de ceste communite esliront autres quatre , qui auront ce mesme pouvoir que les quatre devant ditz . et si ces quatre , ou aucun de la communite par le commandement de ces quatre , faisent aucune besoigne , qui appertensist a ceste communite , la communite l'en delivreroit . quia clericorum superstitio , non attendens quod bellis et quorundam sanguine sub carolo magno et aliis , regnum franclae de errore gentilium ad fidem catholicam sit conversum , primo quadam humilitate nos seduxit , quasi vulpes se nobis opponentes , ex ipsorum castrorum reliquiis , quae a nobis habuerunt fundamentum , jurisdictionem secularium principum sic absorbent , ut filii servorum secundum suas leges judicent liberos et filios liberorum , quamvis secundum leges priorum triumphatorum , deberent a nobis potius judicari , et per novas constitutiones non deberet antecessorum nostrorum consuetudinibus derogari , cum nos deterioris conditionis faciant , quam deus etiam voluit esse sentiles , cum dixerit , reddite quae sunt caesaris caesari , & quae sunt dei deo. nos omnes regni majores attento animo percipientes , quod regnum non per jus scriptum , nec per clericorum arrogantiam , sed per sudores bellicos fuerit adquisitum , praesenti decreto omnium juramento statuimus et sancimus , ut nullus clericus vel laicus alium de caetero trahat in causam coram ordinario judice , vel delegato , nisi super haeresi , matrimonio , vel usuris , amissione omnium bonorum , et unius membri multilatione transgressionibus imminente , certis a nobis super hoc executoribus deputatis , ut sic jurisdictio nostra resuscitata respiret , et ipsi hactenus ex nostra depauperatione ditati , quibus dominus propter eorum superbiam prophanas voluit revelare contentiones , reducantur ad statum ecclesiae primitivae , et in contemplatione viventes , nobis sicut decet activam vitam ducentibus , ostendant miracula , quae dudum a seculo recesserunt . haec cum audisset papa , ingemuit spiritu perturbato , & cupiens eorum emollire corda , & constantiam enervare , admonitione praemissa eos minis perterruit , nec se sic sensit praevalere . contulit igitur multis consanguineorum eorum multa beneficia ecclesiastica , & licentiam * plura obtinendi cum indulgentiis multis , necnon & plura ipsis nobilibus contulit donativa , & sic multos eorum à praedicta praesumptione revocavit . multos tamen perterruit hujusmodi tenor epistolae , credebaturque haec a consensu frederici emanasse , maximè cum hujusmodi clausula finalis concordet epistolae frederici quam multis misit principibus . in cujus fine sic dicit , semper fuit nostrae intentio voluntatis , clericos cujuscunque ordinis ad ●oc inducere , & maximè maximos , ut tales perseberarem in fine , quales fuerunt in ecclesia primitiva apostolicam vitam ducentes humilitatem dominicam unitantes . tales namque clerici solebant angelos intueri , miraculis coruscare , &c. require in anno in epistola frederici ad regem angliae missa & singulis principibus . that the kings , nobles , and parliaments of france and normandy ▪ , somewhat before and after this , declared , protested in sundry notable writings and declarations , that neither the pope nor his legates had any right or power at all to interdict , or excommunicate the realm or kings of france ; neither he , nor the archbishops , bishops , or clergy of france , any jurisdiction to excommunicate or inflict any ecclesiastical censures upon the kings barons , ministers , officers , without the kings royal assent ; that they commanded bishops and ecclesiastical courts to absolve their subjects when excommunicated ; allowed them power to hold plea of chattels only in three cases , you may read at large in preuves des libertez de leglise gallicane , cap. , , , , , , , &c. i shall recite but two instances , the first relating to normandy whiles subject to the kings of england . extraict d'un acte des barons de normandie , qui declare les droicts du roy sur les eglises & personnes ecclesiastiques de normandie , an. d m. . notum facimus universis , ad quos praesens scriptum pervenerit , quod nos juravimus super sacrosancta evangelia , quod jura quae henricus & richardus quondam reges angliae habuerunt in normannia , adversus clerum & apud lexovaeum & alibi , & jura nostra diceremus . item diximus per sacramentum nostrum , quod archiepiscopus vel episcopus , vel alia inferior ecclesiastica persona , non debet ferre sententiam excommunicationis in barones , vel in ballivos , aut in servientes domini regis , aut in clericos domus suae , rege non requisito , vel suo senescallo . item diximus per sacrament um nostrum , quod nulla ecclesiastica persona debet aliquem trahere in causam pro fide , vel pro sacramento quod fiat de feodo laico , vel castello hominis laici , sed si fides data fuerit de catallo maritagii , vel de legato mortui , vel catallo clerici , vel crucesignati , de causa illa bene possunt judicare . item diximus per sacramentum nostrum , quod in feoda terrae gornaii et feritatis , et goellenfontis non debet archiepiscopus tenere nisi tria tautum placita , scilicet de maritagio , et legato martui , et de catallo clerici . actum rothomagi anno gratiae . mense novembris , dominica post octavem festi omnium sanctorum , cum viginti sigillis . this was the only ecclesiastical jurisdiction the clergy of normandy enjoyed ▪ whiles under our english kings . the second is this memorable declaration , prohibition , arrest of king charles the th . of france , and his parliament , declaring the antient priviledge of the kings of france enjoyed time out of minde , ( agreeing with this in matthew paris ) that the kings officers and subjects ought not to be cited , vexed , excommunicated , interdicted by any archbishops , bishops , archdeacons , or other ecclesiastical persons for executing their offices ; commanding them to revoke their illegal excommunications and interdicts denounced against them , for not delivering clerks imprisoned for murder upon their ordinaries demands , and seising their temporalties , and summoning them to answer their contempts therein . quod officiarii regii non possunt excommunicari . an. dom. . carolus dei gratiâ francorum rex , leodegario waront parliamenti nostri hostiario , aut alteri primo dicti parliamenti nostri hostiario , & servienti nostro , ad quem praesentes literae nostrae pervenerint , salutem . procurator noster generalis pro nobis , ac petrus garnerii burgensis & custos justitiae nostrae in villa de medunta , curiae nostrae exposuerunt , asserendo , quod licet per certa privilegia à sede apostolica nobis & praedecessoribus nostris franciae regibus concessa , quae adeo sunt notoria , quod nullus ea poterat sive potest ignorare ; de hoc quod dicti praedecessores nostri fuerunt & nos etiam fuimus & sumus in possessione & saisina pacifici , iidem quoque praedecessores nostri dictas possessiones & saisinam continuarunt , & nos etiam continuavimus , à tanto tempore quod hominum memoria in contrarium non extabat , nullis archiepiscopis , episcopis , aut quibusvis aliis judicibus ecclesiasticis , seu eorum officialibus , apparatoribus , sive gentibus quibuscunque , authoritate sive virtute eorum iurisdictionis ecclesiasticae ordinariae , vel alia quacunque de causa in villis et locis nostris in regno nostro franciae situatis , maxime de nostro proprio domanio existentibus , cessum seu interdictum ponere , seu poni facere , aut sententias excommunicationis , vel interdicti proferre , aut proferri , seu promulgari facere liceat quoquomodo : & nihilominus cum robertus munerii dictus de maule , voerius & receptor noster apud meduntam , pro suspicione homicidii in personam defuncti magistri johannis dicti bout du monde in dicta villa de medunta perpetrati , nuper in carceres nostros apud meduntam , sponte sua prisonarium se reddidisset & posuisset , gentes dilecti & fidelis consiliarii nostri episcopi carnotensis , videlicet petrus peregrini presbyter , magister domus sancti lazari de medunta , & nonnulli alii clerici in curia ecclesiastica dicti episcopi frequentantes , necnon p — de sancto sylvestro officialem archidiaconi de pinsereio , ex parte nostra propter debatum jurisdictionis , inter dictos episcopum & archidiaconum contentiose , & de super quo lis inter dictos partes in ipsa nostra curia pendere dicitur , commissum & deputatum se dicens , ac nonnulli alii clerici in curia dicti officialis frequentantes , ac camer●rius de columbis peries praedictum petrum garnerii in dicta villa de medunta , quae est in & de proprio domanio nostro , nuper accesserunt , et eundem sub poena excommunicationis ac centum marcarum argenti requisiverunt , ut praefatum robertum , necnon gulielmum de commeny lachomum , pro suspicione homicidii supradicti ibidem prisonarium detentum , quos clericos forè , & in habitu & tonsura clericali existere asserebant , una cum casibus pro quibus detinebantur eis traderet , & deliberaret instrumentum super hoc à roberto gomer presbytero illic praesente , sibi fieri requirendo . verum quanquam idem petrus eisdem amicabiliter respondisset , quod ipse locum tenens ballivi de medunta non existebat , nec ab his commissus extiterat , vel erat , nisi in casibus civilibus duntaxat , & ob hoc de dictis prisonariis eis tradendis , & deliberandis potestatem non habuerat nec habebat , praenominati gentes & officiales praedictorum episcopi & archidiaceni responsione dicti petri vera & licita non obstante , eundem petrum excommunicaverunt , et excommunicatum denunciaverunt , et quod deterius fuit et est , cessum seu interdictum in praedicta villa nostra posuerunt , et positum tenuerunt , atque tenent taliter , quod divinum servitium et alia ecclesiae sacramenta in ipsa villa celebrari non possunt : quae facta sunt , et fuerunt in nostri et jurisdictionis nostrae temporalis dictorumque privilegiorum nobis ut supradictum est , indultorum ac possessionis , et saisinae nostrarum praedictarum , necnon praedicti petri praejudicium et contemptum , ut asserunt . procurator noster & petrus garnerii antedicti supplicantes , sibi super hoc de remedio competenti provideri , attento quod dictus defunctus tempore quo vivebat & decessit , erat noster advocatus in dicta villa , ac in nostra salva & speciali gardia notoriè & competenter publicata , quanquam dicta nostra curia ex certis justis causis ad hoc ipsum moventibus ordinavit , & mandavit dictum robertum prisonarium , ad eandem nostram curiam adduci . quocirca tibi tenore praesentiam committimus , & mandamus , quatenus si decessu seu interdicto pradictis sibi summariè constiterit praedictos episcopum , archidiaconum , & camerarium , ac eorum officiales , vicarios , promotores , & gentes de quibus pro parte dicti procuratoris nostri , & petri super hoc fueris requisitus ex parte nostra requiras , & etiam praecipias eisdem si sit opus , ut hujusmodi cessum seu interdictum in dicta villa ut praemittitur , appositum revocent , et adnullent : quod si facere renuerint , aut plus debito distulerint , ●●sos ad hoc per captionem et detentionem temporalitatis eorundem , absque aliqua recredentia de hoc facienda viriliter compellas indilate : et insuper dictos episcopum , archidiaconum , et camerarium , ac eorum officiales , vicarios , et gentes , ex parte nostra requiras , ut ipsi et eocum singuli prout ad eos spectabit , citationes , monitiones , sententias , excommunicationes , denunciationes et processus ecclesiasticos quoscunque contra praedictum petrum aut alios officiarios , vel servitores nostros in praedicta villa , occasione praemissorum factos seu inchoatos , similiter revocent omnino et adnullent : et ipsum petrum et alios officiarios nostros , et gentes si qui sint a sententiis excommunicationum eorundem episcopi , archidiaconi , camerarii , officialiumque promotorum et gentium suarum sumptibus et expensis absolvi , et ab omnibus citationibus , monitionibus , denunciationibus , et processibus ecclesiasticis totaliter cessari faciant indilate , ipsos ad hoc per captionem , et detentionem eorum temporalitatis praedictae compellendo : et in casu quo dicti episcopus , archidiaconus , camerarius , et eorum officiales , et alii praedicti , sententias excommunicationis , ac monitiones et processus praedictos contra dictum petrum et alios officiarios nostros factos et inchoatos revocare noluerint , et ad hoc se opponere voluerint , praedictos , quoad hoc opponentes , et etiam praedictos episcopum , archidiaconum , camerarium , et gentes , et officiarios suos superius nominatos , qui expleta praedicta fecisse dicuntur , adjornes ad certam brevem et competentem diem in nostro praesenti parliamento non obstante quod sedeat , et ex causa videlicet dictos opponentes supradicta oppositione processuros , et ipsos et alios superius nominatos praedictis . procuratori nostro , et petro garnerii , si et prout experiti voluerint , super praemissis , et ea tangentibus , responsuros , et ulterius processu●os et facturos , prout fuerit rationis , eisdemque ex parte nostra sub cerris magnis poenis nobis applicandis injungas ne interim ad ulteriores sententias monitiones , et processus , contra dictum petrum et alios officiarios nostros procedant occasione pr●missorum , sed e● onmia in ●●atu in quo sunt teneant , quousque per dictam nostram curiam partibus auditis aliud extiterit super hoc ordinat●● , eandem ●●●●ram curiam ad diem super praedictis 〈◊〉 ; de requisitionibus , praeceptis , adjournamentis , nominibusque adjornator●m , & al●●s q●● 〈◊〉 in ●●● parte certificando competenter ; ab omnibus autem justitiariis & subditis nostris tibi in praemissis , & ea tangentibus p●rere volumus efficaciter , & jubemus . quod prafata nostra curia sic fieri voluit , & procuratorio nostro , & petro garnerii memoratis concessit , & ex causa . datum parisiis in parliamento quinto die januarii , anno domini . & regni nostri sexto . there are many like arrests of the kings and parliaments of france , for seisures of the temporalties of archbishops , bishops , archdeacons , and ecclesiastick judges , for admonishing , excommunicating , interdicting the kings officers , and others , and refusing to absolve them when enjoyned : and exceeding the legal bounds of their ecclesiastical jurisdiction : and some declaring the monitions and excommunications of bishops against several persons , to be abusive , scandalous , vexatious , full of falsities , impostures , tending to sedition , rebellion , derogatory to the kings crown and dignity , and commanding them to be revoked , yea torn , and publickly burnt by the executioner as such ; which you may peruse at leisure in the , and . chapters of prenves des libertez de l'eglise gallicane . the english nobility and laity in the diocesse of lincoln , ( as this innovating , turbulent bishop conceived , encouraged by these presidents of the french ) unanimously opposed his usurpations of like nature upon their liberties , reputations , consciences , complaining to king henry the d. and his counsil against the bishops , archdeacons , deans and officials vexations , and illegal oathes , proceedings ; the king thereupon by special writs prohibited them , as prejudicial , derogatory to his crown and dignity , repugnant to the antient customs of his realm , his peoples liberties , and hurtfull to their fames , souls : but this obstinate head-strong bishop slighting the kings writs , and proceeding in these his illegal vifitations and inquisitions notwithstanding ; the king and his counsil upon new complaints the next year , ( anno h. . ) issued forth new prohibitions to all sheriffs within the diocesse of lincoln , thus recorded in the clause rolls in the tower. mandatum est uicecomiti lincolniae , quod non permittat quod aliqui laici in balliva sua , ad vocationem lincoln . episcopi , archidiaconorum vel officialium eorum , seu decanorum ruralium in aliquo loco conveniant de caetero ad aliquas recognitiones per sacramentum eorum , vel attestationes aliquas faciendas , nisi in causis matrimonialibus vel testamentariis tantum . teste , &c. eodem modo scribitur omnibus uicecomitibus episcopatus lincoln . eodem quoque anno ( as matthew paris relates ) dominus rex anglorum , exemplum accipiens ab illis baronibus , qui sua statuta sanxerunt in francia , quibus et dominus francorum favorem jam praebuit , et sigillum apposuit ; ad insatiabilem romanae curiae in parte ad praesens cupiditatem refraenandam , constituit in anglia inviolabiliter observanda haec . lites de fidei laesione et perjurio prohibentur a rege , quando super his conveniuntur laici coram iudice ecclesiastico . prohibetur ecclesiasticus iudex tractare omnes causas contra laicos , nisi sint de matrimonio vel testamento . item , de novo praescribit rex , certam formam episcopis de bastardia utrum scilicet ante matrimonium contractum , vel post nati sint ? prohibentur clerici per breve regis , instituere actiones suas coram iudice ecclesiastico super decimis ; et appellatur illud breve , indicavit . de sacramentis quae exiguntur a clericis coram iustitiariis regis praestandis , quia dicuntur processisse in causis contra prohibitionem regiam ; cum jurare non teneantur clerici , nisi coram iudice ecclesiastico , maxime in causis spiritualibus . item , de clericis quos ministri regis capiunt , propter famam quae a laicis eis imponitur . ; the bishop of lincoln , notwithstanding the former prohibitions , and these new statutes , proceeding in these his illegal inquisitions and oathes , in high contempt of the kings crown and dignity , and compelling men and women by ecclesiastical censures to appear and take his new devised oathes against their wills ; the king thereupon issued out new writs to the sheriff of lincoln to attach the bishop , and enforce him to put in good bayle and sureties to appear before the king to answer this contempt , as these records attest . rex vicecomiti lincolniae , salutem . pone per uadium et salvos plegios r. lincoln . episcopum , quod sit coram nobis in octab. sanctae trinitatis , ubicunque tunc fuerimus in anglia , ostensurus , quare fecit summoneri , et per censuram ecclesiasticam distringi laicos homines et laicas foeminas ad comparendum coram eo , et ad praestandum jucamentum pro voluntate sua , ipsis invitis , et in grave praejudicium coronae nostrae et regiae dignitatis , necnon et magnam laesionem regni nostri . et habeas ibi nomina plegiorum , et hoc breve . teste rege apud wistm. secundo die maii. rex vicecomiti lincolniae , salutem . pone per uadium et salvos plegios r. lincoln . episcopum , quod sit coram nobis in octab. sanctae trinitatis , ubicunque , &c. ostensurus , quare pro voluntate sua distringit laicas personas suae dioc. ad jurandum , eis invitis , in grave praejudicium coronae et dignitatis nostrae , et contra consuetudinem regni nostri . et habeas , &c. teste , &c. ( anno henr. . ) the bishop of worcester , by the bishop of lincolns encouragement , in his visitations and consistories by himself and his officers , summoned lay persons , as well villains as freemen , to take an oath of inquiry upon articles at his own pleasure , without the kings special command , against the custom of the realm , and his royal dignity , which innovation caused great scandal and raised a schism among the people ; whereupon the king issued the like writs to the sheriffs of gloucester and worcester , ( as he formerly did to the sheriff of lincoln and others , an. & h. . ) rex vic. glouc. salutem . audivimus , quod w. w●gorniensis episcopus transeundo per suam dioc. vel clericos suos specialiter destinando , compellit tam liberos quam uillanos , ad praestandum sacramentum sine mandato nostro speciali , super inquisitione pro voluntate sua fac . contra consuetudinem et regiae dignitatis excellentiam : et quia ex hoc scandalum magnum et schisma in plebe generatur ; tibi praecipimus , quod nullum laicum de caetero coram eodem episcopo vel clericis suis comparere permittas ob causam memoratam , ita quod inde diligentia tua merito valeat commendari . teste rege apud westm. . die augusti . per ipsum regem . eodem modo mandatum est uic . wygorn . teste , &c. the bp. of lincoln and his officers , notwithstanding the former writs , still vexing those of his diocess , as well noble as ignoble , citing many poor husbandmen from place to place , and excommunicating them for not appearing , so as they could not attend their husbandry and temporal affaires , to their great impoverishing & vexation ; and likewise compelling them to inquire & give testimony upon oath of the private sins of others , whereby many were defamed , and might easily incurre the danger of perjury ; the king upon the general complaint of his subjects against these grievances and innovations , an. h. . sent this memorable prohibition to the bishop himself , commanding him from thenceforth to desist from these citations and vexations newly invented , against the long custom of the realm , bringing a double dammage to his subjects , which he neither would nor could any longer endure , without putting his royal hands to redresse them , and punish him for his contumacy . rex episcopo lincoln . salutem . ex querela multorum accepimus tam magnatum de diocaesi vestra quam aliorum , per quosdam clericos vestros et decanos quosdam citari facitis passim , et indifferenter pauperes homines de diocaesi vestra , et quosdam liberos homines cujuscunque sint homines , et trahitis eos de locis variis ad loca varia , et eos artari faciatis , per poenam excommunicationis , ad comparendum coram praedictis clericis et subditis vestris ad loca varia , et eis honerosa , dum vacare deberent agrorum cultur● et aliis temporalibus agendis suis necessariis , per quod depauperantur indebite , et enormiter vexantur . et insuper quod inauditum est , eos jurare compellunt praedicti scrutatores vestri de privatis peccatis aliorum , quae non sunt , ut dicitur , publica cohercione purganda ; pro quo multi christiani , forte praeter merita turpiter diffamantur . et quia hujusmodi vexationes contra longam consuetudinem regni nostri sunt excogitatae , et duplex populo per eas imminet periculum , tum propter laborum necessariorum amissionem , tum propter sacramentum praestitum super privatis factis aliorum , in quibus homines decipiuntur , per quod reatum perjurii de facili possunt incurrere ; vobis prohibemus , ne de caetero hujusmodi convocationes populi fieri faciatis in diocaesi vestra , contra regni nostri consuetudinem et usum longaevum . nec etiam audivimus , quod ecclesia consueverit aliquem ad testimonium perhibendum compellere , nisi in certis causis , et nisi quis se gratia , odio vel timore subtraxerit a testimonio perhibendo . et sciatis , quod nisi a praedictis inusitatis populi ac indebitis vexationibus desistatis , nos sustinere non poterimus ulterius , quin ad hoc manus regias apponemus . teste rege apud windes . . die junii . by these premised passages and regal writs of prohibition , it is most evident : . that grosthead bishop of lincoln , by colour of a pretended priviledge and grant from the pope , ( not king ) was the first introducer of inquisitions upon oath , and oathes in private causes , into the church , realm of england , in the . year of king henry the d. there being no warrant nor president ( for ought i can find upon my strictest search ) in histories or records , of any such inquisitions or oathes used in england or elsewhere , by bishops or ecclesiastical persons in their visitations or consistories . and no wonder , since a origen , b athanasius , c ambrose , d jerome , e chrysostome , f hilary , g epiphanius , h cromatius aquili● episcopus , i euthymi●s , k oecumenius , l theophylactus , and other ancients collected by m sixtus senensis , from mat. . , to . but i say unto you , swear not at all , &c. but let your communication be yea , yea , and nay , nay , for whatsoever is more then these cometh of evil : and jam. . . but above all things my brethren swear not , &c. but let your yea be yea , and your nay , nay , le●t you fall into condemnation : and the n waldenses , with sundry modern commentators , condemned the usual imposing of oathes ( interdicted to christians under the gospel ) as dangerous , and not to be enforced upon any , ( unless in extraordinary cases of necessity , for ending controversies ) especially by , or on clergymen : whence the author of the imperfect work on matthew ( attributed to st. chrysostome ) thus admonished clerks who tendred oathes to others : o audite clerici , qui exigentibus ▪ evangelia sancta porrigatis ; quomodo potestis ab illo juramento esse securi , qui occasionem perjurii datis ? si erat benè jurare justum , justè dicebatis ; quia de dimus illis evangelium , ut jurent , non ut perjurent : nunc autem , cum sciatis , quia & benè jurare peccatum est : quomodo potestis esse liberi , qui occasionem datis peccandi in deum ? haec de illis dicta sunt , qui jurant per deum ; eorum autem , qui jurant per elementa , execrabilior iniquitas est . those fathers and godly bishops then , who writ thus * against the ordinary imposing of oathes under the gospel , did never doubtless prescribe or enforce them on any in their consistories or visitations . besides , it is most apparent , that antient councils and popes were very carefull to inhibit the imposing of oathes upon clergymen or laymen , to prevent perjury : hence the p council of cavailon under the emperor charles the great , about the year . prohibited bishops from exacting an oath of canonical obedience from clergymen ; or any oath from laymen in cases of tythes , by these expresse canons . can. . dictū est de quibusdam fratribus , quod eos quos ordinaturi sunt , jurare cogunt , quod digni sint , et contra canones non sint facturi , et obedientes sint episcopo , qui eos ordinat , et ecclesiae , in qua ordinantur : quod juramentum , quia periculosum est , omnes una inhibendum statuimus . and can. . qui verò decimas post crebras admonitiones & praedicationes sacerdotum dare neglexerint , excommunicentur , iuramento vero eos constringi nolumus propter periculum perjurii . and our q statutes of magna charta , c. . of marlbridge , h. . c. . e. . c. . & e. . c. . prohibite oathes of parties and champions upon the like account , to prevent perjury . pope cornelius ( as r gratian attests ) affirmed in one of his decrees , nos ab episcopis sacramentum nescimus oblatum , ( therefore not then used in their courts or visitations ) nec unquam fieri debet nisi pro recta fide . yea , pope honorius the . pope eugenius the . and the ſ council of lateran under pope alexander the d. anno . expresly decreed and resolved according to former canons , and justinians laws , vt jurare clerici omnino non audeant ; dignum est ut totus clericalis ordo à praestando juramento immunis esse proculdubio censeatur . nos itaque utriusque legis divinae & humanae intentione servata , decrevimus , ut non episcopus , non presbyter , non cujuslibet ordinis clericus , non abbas , non monachus , non sanctimonialis , in quacunque causa vel controversia , sive criminali sive civili , jusjurandum compellatur qualibet ratione subire . verum cum hac moderatione , ut episcopus inconsulto romano pontifice , vel quilibet praelatus inconsulto praelato suo , minime jurare audeat : et si quis in hanc constitutionem commiserit , veniam sibi deinceps noverit denegari . if then no bishop , monk , clergyman , may be compelled by judges or laymen to swear , much lesse then should they compel laymen or clergymen to swear before themselves . moreover ▪ pope * eugenius resolves , canones juramentum calumniae nulli prorsus indicunt . sanè romana ecclesia in quibus causis de decimis ecclesiarum & rebus spiritualibus tantum agitur , iuramentum calumniae nec dare , nec recipere consuevit : nor yet the church of england , till otto the popes legate introduced it in a council at london an. . forecited p. . much lesse then did the church of rome or england use or enjoyn any such visitation , inquisition , or ex officio oathes as these writs prohibited . finally , pope paschal the . and the whole t council of rome an. . with other councils , popes since , resolve , that oathes imposed by force , and taken by constraint against mens wills , are not only unlawfull , but also void and unobliging : therefore the enforced visitation & other oathes of bishop grosthead , his archdeacons , deans , officials were such , and justly prohibited , suppressed by the king and his courts at their first introduction . the u council of friburge under arnulphus the emperor a● ▪ . c. . de querimonia inter presbyterum & laicum , resolves , laicus praejuramento , si necesse sit , constringatur ; presbyter vero vice praejuramenti per sanctam consecrationem interrogetur , quia sacerdotes ex levi causa jurare non debent . manus enim per quam corpus & sanguis christi conficitur ( & will not the self-same reason hold in a laymans hand , per quam corpus & sanguis christi recipitur ) juramento polluetur ? absit , cum dominus in evangelio discipulus suis ( quorum vicem nos gerimus in ecclesia ) dicat , nolite omnino jurare , sit autem sermo vester , est , est , & non , non ; quod autem his abundantius est , à malo est : non dixit , quod amplius est , malum est , sed à malo ; id est , a mals homine de cujus incredulitate cogimur jurare . and if those who presse others to swear be evil uncredulous men , by this councils and our * venerable beda his exposition on this text , then bishop grosthead , his and all other ecclesiastical officers , compelling laymen to swear as aforesaid , were evil uncredulous men , and their inquisitions , oathes most justly inhibited by the king , his courts , counsil , and opposed by the nobility , laity of his diocesse , and the whole realm , as a dangerous innovation , not formerly practised in our church or realm . ly . it is evident by the premises , that both the kings , nobles , and commonalty of england and france in that age , magnanimously , unanimously and strenuously oppugned the usurpations , encroachments , innovations of the pope , prelates , clergy , upon the rights , priviledges of the crown , and liberties , consciences of the subject , against their extravagant visitations , inquisitions , oathes , excommunications , canons , and new ecclesiastical jurisdictions , to preserve themselves from perjury , slavery , and unjust vexations . ly . that these inquisitions , oathes , and the enforcing of them by ecclesiastical censures on the subjects , by these bishops and their officers , were generally , frequently opposed , and publickly complained against to the king , as well by the nobility as commonalty , and most strictly prohibited by special writs of prohibition , successively issued by the king , his counsil , courts , judges , who all resolved these oathes and inquisitions to be , . new illegal grievances , then first introduced , contrary to the custome and long-continued usage of this realm . ly . very prejudicial to the kings crown and royal dignity . ly . new devised intollerable vexations , grievances , oppressions to his subjects , and that in four respects : . because they tended to the enormous defamation , and intollerable scandal of many of his subjects of all ranks , and of both sexes . ly . because they occasioned great schisms and divisions amongst his people . ly . because they withdrew them from their husbandry , and other necessary temporal occasions , to dance attendance from time to time , and place to place on them and their officers , to their grand vexation and impoverishing . ly . because they involved them in the danger or guilt of perjury , by enforcing them to swear concerning the secret , private actions of others , wherein they might easily be mistaken . all which reasons remain still in full force , against all such like oathes , inquisitions , innovations , vexations of bishops , archdeacons , rural deans , officials , and other ecclesiastical officers : which the king , his courts , judges , counsil , may and ought by law to prohibite , redresse from time to time by like writs of prohibition for the subjects relief upon all occasions ; as is evident by these six antient successive writs , the register of writs , part . f. . fitzherbert natura brevium , f. . a. rastals abridgement of statutes , tit. prohibition , sect . . and x other law-books concurring with these writs . ly . that bishops , archdeacons , officials , and other ecclesiastical officers and courts , had then no legal authority by the antient laws , usage , custom of this realm , to administer any oath to laymen , except only in causes of matrimony and testament , as these prohibitions , with sundry others hereafter cited in their due chronological order , the statutes of h. c. . e. . c. . and the last recited lawbooks , resolve . ly . that y bishops have been and may be legally attached , and their temporalties seized into the kings hands , if they prejudice the kings crown , dignity , or vex his subjects by administring , enforcing illegal oathes and articles of inquiry upon them by excommunications and other ecclesiastical censures , contrary to the laws and antient custom of the realm . ly . that by the z antient laws and custom of this realm , no new oathes whatsoever may or ought to be framed , imposed on any of the kings subjects , by any bishops , ecclesiastical , or other persons whatsoever ▪ nor any old legal oathes altered , but by special acts of parliament , prescribing both the forme , words of the oathes themselves , and the persons who shall take and administer them , who must be specially authorized either by express words in the acts themselves , or by special commissions from the king under the great seal of england , to administer them when made , and not otherwise . this is most apparent by all the oathes heretofore prescribed to justices of the kings courts , justices of oyer and terminer , and of the peace , barons and officers of the exchequer , sheriffs , under-sheriffs , the officers of the court of wards and liveries , the court of augmentations , customers , searchers , commissioners of sewers , of castles and holds , conservators of the truce , bayliffs of franchises , coroners , sheriffs clerks , attornies , the kings privy counsil , knights of shires , burgesses of parliament , champions , clerks of the council , mayors , and other officers ; by the several oathes of fealty , allegiance and supremacy , made from time to time for the necessary preservation of the sacred persons of our kings , the safety of the kingdom , and defence of the rights , priviledges , jurisdiction of the crown against all papal usurpations , and treasonable practises whatsoever , all made , prescribed by * special acts of parliament , as these ensuing resolve us : h. . c. . h. . c. . e. . c. . e. . c. . e. . c. . e. . stat. of winchester c. . e. . stat. merchant , and articles of inquisition upon the statute of winchester , e. . statute of liberties , c. . totles magna charta , . f. , to . rastals abridgement of statutes , coroners sect . . . e. . statute of sheriffs , e. . c. . e. . parl. . c. . parl. . c. . e. . c. . e. . of money , c. . e. . c. , . e. . rot. parl. num . , , , , , , e. . rot. parl. n. . e. . star. . e. . c. , , . & rot. parl. num . . rastal justice and justices , sect . , , . and clerks of the chancery , sect . . e. . rot. parl. num . . e. . rot. parl. num . . e. . stat. . c. . stat. . c. . stat. . of levying the quindisme , e. . stat. . c. , , , , , . e. . stat. . r. . stat. . c. , , . r. . rot. parl. num . . r. . c. . r. . rot. parl. num . . r. . c. . r. . rot. parl. num . . r. . c. . r. . c. . r. . c. . r. . c. . r. . rot. parl. num . . r. . c. . r. ● . rot. parl. num . , , to , , , , . h. . rot. parl. num . . h. . c. , , , . h. . rot. parl. num . . h. . rot. parl. num . , , . h. . c. . h. . c. , , . h. . c. , . h. . rot. parl. num . . h. . rot. parl. num . . h. . c. . h. . c. . h. . rot. parl. num . , , . h. . c. , . h. . c. . h. . c. . h. . c. , . h. . rot. parl. num . , , . e. . c. . e. . c. . e. . c. . e. . c. , . e. . c. . r. . c. . h. . c. . h. . c. , . h. . c. . h. . c. . h. . c. . h. . c. . , . h. . c. . h. . c. . h. . c. . & phil. & mar. c. . eliz. c. . eliz. c. . eliz. c. . eliz. c. . eliz. c. . eliz. c. . eliz. c. . eliz. c. , . jac. c. . jac. c. . jac. c. , , . ● jac. c. . , . car. . c. . car. . c. . the petition of right car. . car. . an act for repeal of the branch of the statute of eliz. c. . ( a meer declaration of the antient common law of england in point of administring oaths by ecclesiastical courts and persons ) and the act for explanation of a clause therein car. . p. , . the acts for well governing and regulating of corporations , an. car. . p. . , , , . the act against quakers and others refusing to take lawfull oathes , p. , , , . the act for ordering the forces in the several counties of this kingdom , p. , . an act for the uniformity of publike prayers , &c. p , , . an act for regulating the making of stuffs in norfolke and norwich , p. , , . an act for distribution and supply of threescore thousand pounds , &c. for relief of poor and maimed officers and soldiers , p. , . an act for preventing frauds , and regulating abuses in his majesties customs , p. , , , . an act for regulating the trade of silkthrowing , p. . an additional act concerning matters of assurances used among merchants , p. , , , , , an act for repairing of dover harbour , p. , . an act for the better regulating of the manufacture of broad wollen cloth within the west riding of the county of yorke , p. , , anno caroli . with sundry other acts made since , resolve . as all these acts in general , so more particularly , the late act for safety and preservation of his majesties person and government , against treasonable and seditious practices and attempts , anno caroli . p. . resolves and declares , that the oath usually called . the solemne league and covenant , ( being not made by act of parliament , and without the kings royal assent ) was in it selfe an unlawfull oath , and imposed upon the subjects of this realm against the fundamental lawes and liberties of this kingdom ; and that all orders and ordinances of both or either houses of parliament . ( though all the bishops as well as temporal lords be members of , and present in them : much more then of any council , synod , archbishop , bishop , archdeacon , co●missary , or other ecclesiastical person or officer out of parliament ) for imposing of oathes , to which the kings royal assent either in person or by commission was not expresly had or given ( and by consequence all other oaths hereafter so made or imposed in or out of parl. ) were in their first creation and making , and still are , & so shall be taken to be null and void to all intents and purposes whatsoever . and sir edward cooke in his * . institutes , from the consideration of some of these acts , asserts , that an oath is so sacred , and so deeply concerneth the consciences of christian men , as the same cannot be ministred to any , unless the same be * allowed by the common law , or by some act of parliament : that no old oath allowed by the common law , or an act of parliament , can be altered , nor any new oath raised without an act of parliament , nor any oath administred by any that have not allowance by the common law , or by an act of parliament . and so was it resolved in parliament , anno elizabeth . in the case of the vndersheriff , and in the case of commissioners for policies of assurance ; in which parliament i attended ( writes he ) as attorney general . whereunto he subjoynes , that oathes which have no warrant by law , are rather nova tormenta , quàm sacramenta : and that it is an high contempt to administer any ( old , much more then to make or impose a new ) oath , without warrant of law , to be punished by fine and imprisonment : and therefore commissioners that sit by force of any commission that is not allowed by the common law , nor warranted by authority of parliament , ( much lesse then such who have no commission at all from the king under the great seal , but only from a bishop , archdeacon , or other subject ) that ministreth any oath whatsoever , are guilty of an high contempt , and for the same are to be fyned and imprisoned : and no commissions are legal but such as are allowed by the common law , or warranted by some act of parliament : and therefore commissions ( much more articles ) of new inquiries , or of novel inventions are against law , and ought not to be put in execution . dors . claus . an. r. . n. . certain poor christians that had spoken against the worshipping of images , were by the bishops inquired of , and sworn to worship images , which oath was against the express law of god , and against the lawes of the land , for that they had no warrant to minister the same . and in his . report , f. , . pasch . jacobi , he reports , that upon a motion made by the commons in parliament , in what cases the ordinary may examine any person upon oath ? chief justice popham and himself upon a reference and demand from the lords of the counsil , touching this question , upon good consideration and view of the books resolved , that the ordinary cannot constrain any ecclesiastical or temporal person upon their oathes to answer in cases of infamy , adultery , incontinency , felony , simony , hearing of masse , heresie , &c. but only of matrimony , and testaments , it being not only against the antient lawes of the realm , but also in prejudice of the kings crown and diginty , as they proved by the forecited books and prohibitions . after these prohibitions , i do not find by our histories or records , that any bishops made inquisitions upon oath in their visitations or consistories from h. . till queen maries dayes , when * bishop boner introduced them : yea b william lindewood our greatest canonist and advocate for episcopal jurisdiction , and the canon law , flourishing and made bishop in king henry the . his reign , writing of episcopal inquisitions , asserts , that solemn preparatory inquisitions are regularly made , sine exactione iuramenti , without exaction of an oath ; that from the beginning , when a general inquisition is to be made ( by archbishops , bishops , or archdeacons in their visitations , ) non debet exigi iuramentum , an oath ought not to be exacted , especially by which any one shall be constrained to detect another mans secret finne or offence . and angelus de elavasio a famous canonist , writing about the year of our lord , . in his summa angelica , resolves , that bishops and other visitors in their visitations , ought first to preach the word of god , and afterwards inquirat et sine iuramento et coactione , they are to inquire of those things which belong to their office to correct , without an oath and coaction , inducing the people to reform those things that are amisse , by wholesome connsels and gentle perswasions , or or by reprehentions , as they shall deem meet . this course was observed in all the visitations of our archbishops of canterbury recorded by d matthew parker , or godwin in their lives , out of our historians , and their own registers , wherein i finde no mention of any inquiry or presentations upon oath ; witnesse the visitations of boniface archbishop of canterbury , robert kylwarby , john peckham , walter raynolds , john stratford , simon islippe , william courtney , thomas arundell , thomas bourgchier , john morton , and others . all which i thought fit from these presidents to demonstrate , for vindication of the kings prerogative , the antient laws , customs of the realm , the subjects liberties , and others information . i now return to my former chronological method and theam . k. henry the . not only to evidence his devotion , ( though superstitious ) but ecclesiastical jurisdiction in spiritual and religious things , feasts , and reliques , as they were then reputed : circa idem tempus , scripsit dominus rex omnibus regni sui magnatibus , ut in festo sancti aedvardi , videlicet translatione , quae celebratur in quindena sancti michaelis , jubens ut omnes ibidem convenirent , ut joeundissimos cujusdam sancti beneficii coelitus anglis nuper collati , rumores exaudirent : et praetereà , ut tam gloriosi regis & martyris translationem venerarentur : tertio , ut willielmi de valentia fratris sui uterini , quem ipse rex ea die baltheo cincturus erat militari , cum quibusdam nobilibus juvenibus , interessent tyroeinio : ut sie festum multiplex praesentia ipsorum magnatum , tàm praelatorum , quàm aliorum , jocundior , ad regis & regni honorem , serenaretur . die igitur praefixo convenientes apud westmonasterium , certificati de die sancti aedvardi , & dicti willielmi tyrocinio , sciscitabantur , quinam essent illi jocundi rumores , quos ibidem forent audituri ? qui relati fuerunt fideles , & omni acceptione digni . magister enim templi & hospitalis , cum testimonio quamplurimorum sigillorum , videlicet patriarchae hierosolymitani , archiepiscoporum quoque & episcoporum , abbatum & aliorum praelatorum & magnatum de terra sancta , miserant quandam portionem sanguinis dominici , quem pro salute mundi fudit in cruce , in quodam vase crystallino venustissimo , per quendam fratrem templarium benè notum . dominus autem rex , utpote princeps christianissimus , ab augusto heraclio victoriosissimo ac piissimo imperatore , crucem sanctam exaltante , & à rege francorum , tune superstite , crucem eandem , ut praescribitur , parisiis honorante , sumens exemplum ; devoto spiritu ac contrito in vigilia sancti aedmundi , in pane & aqua jejunans , & nocte vigilans , cum ingenti lumine , & devotis orationibus , se ad crastinam solennitatem prudenter praeparavit . praecepit igitur dominus rex , ut omnes presbyteri londinenses festivè vestiti superpelliciis & capis , cum suis clericis decenter vestitis , cum vexillis , crucibus , & cereis accensis , die crastina , videlicet sancti aedvardi , summo mane ordinatè & reverenter convenirent apud sanctum paulum . quo & ipse rex venit , & cum summo honore & reverentia ac timore accipiens illud vasculum cum thesauro memorato , tulit illud ferens in propatulo supra faciem suam iens pedes , habens humilem habitum : scilicet pauperem capam sine caputio , praecedentibus vestitis praedictis , sine pausatione , usque ad ecclesiam westmonasteriensem , quae distat ab ecclesia sancti pauli circiter uno milliari . nec praetermittendum , quod ambabus manibus illud deferens , cum per stratam salebrosam & inaequalem pergeret , semper vel in coelum vel in ipsum vas lumina tenebat defixa . supportatur autem palla per . hastas . supportabantque duo coadjutores brachia sua , ne in tanto fortè labore deficeret . conventus autem westmonasteriensis , cum omnibus qui convenerant , episcopis , abbatibus , & monachis , qui plùs quàm centum aestimabantur , canentes & exultantes in spiritu sancto & lachrymis , occurrebant eidem domino regi sic adventanti , usque ad portam curiae episcopi dunelmensis . tunc autem reversi sicut ierant , videlicet processionaliter , ad ecclesiam westmonasteriensem , vix in ea prae copiosa turbae multitudine continebantur . nec adhuc cessabat dominus rex , quin indefessus ferens illud vas , ut prius , circuiret ecclesiam , regiam , & thalamos suos . demùm illud quasi donum impreciabile , & quod angliam illustraverat , donavit & obtulit deo & ecclesiae sancti petri westmonasterii : & charo suo aedvardo , & sacro conventui , qui ibidem deo & sanctis suis ministrant . dominus episcopus norwicensis , qui & missam eadem die solenniter celebravit , populo praedicando asseruit , quod inter sacra quae inter mortales habentur , sacratissmum est sanguis christi . est enim pretium mundi , & ejus effusio , salus generis humani ; & ut condignè illud magnificaret amplius , addidit illud philosophi ; omne propter quod , dignius quàm illud quod . revera crux sancta , sanctissimam quid est . sed ipsa sacra fuit , propter sacratioris sanguinis aspersionem ; non sanguis sacer , propter crucem . et haec eum dixisse credimus , ut in possessione tanti thesauri non minus gaudeat & glorietur anglia , quam francia in adeptione sanctae crucis ; quam dominus rex francorum non immerito diligit , & super aurum & topazion amplectitur & veneratur . et addidit , quod pro maxima domini regis angliae , qui dignoscitur esse inter omnes christianitatis principes christianissimus , missus fuit ille thesaurus impreciabilis ex parte domini patriarchae hierosolymitani ; cujus rei certitudo sufficienter examinatur , reverentia & sanctitate , ut plus in anglia veneraretur , quàm syria , quae jam paenè derelinquitur desolata ; viget enim ibi plus fides et sanctitas , ut novit mundus , quam in aliqua alia regione per totius mundi latitudinem . cum autem examinaretur , & alii tardi cordis ad credendum adhuc * haesitarent , ait dominus theodoricus , prior hospitalis hierosolymitani , episcopis & aliis circumsedentibus : domini charissimi , quid adhuc fluctuatis ? exigit ne ob hoc beneficium aliquis nostrum , vel templarius , vel hospitalarius , vel etiam frater qui portavit , vel de domino rege , vel alio , vel aliquo , aliquam in auro vel argento retributionem , vel quantulumcunque praemium ? et rex : nequaquam . et frater : * quare ergo in damnationem animae suae tot & tanti viri , tali assertioni perhiberent testimonium , apponentes signa sua , quae sunt fidei pignora manifesta ? et approbata fuerunt verba , licet laici , ab universis , tàm episcopis quàm auditoribus . sed nunc ad propositum redeamus . cum satis autem eleganter dictus episcopus in sermone perorasset , annunciavit populo exultanti , quod quicunque ad sacratissimum sanguinem illic habitum , venerandum convenirent , gratuita ex * concessione omnium , qui illuc venerant praelatorum , sex annorum , & . dierum veniam de injuncta sibi poenitentia liberè consequerentur . et cum inter loquendum , aliqui de assidentibus obgrunuirent haesitantes , quaestionem hanc moverent : quomodo cum plenè & integraliter tertia die post passionem resurrexerit dominus , sanguinem in terra reliquerit ? quae quaestio ab episcopo lincolniensi ad unguem tunc determinabatur , prout habetur scriptum in libro additamentorum ; prout hujus paginae scriptor audivit , & de verbo ad verbum satis dilucidè scripsit . such was the strange superstition , delusion , credulity of that age , as to believe this relique to be the very blood of christ , upon the testimony of those impostors , who under their hands and seals thus confidently attested it , though not present at christs passion , and living . years after it . but let us hear bishop grostheads legend , argument evincing it to be christs blood , in answer to the premised objections . cum autem quod sacratissimus foret domini nostri jesu christi sanguis , quem rex henricus tertius die sancti edwardi , videlicet die translationis ejus , anno gratiae . indiciis , probationibus & examinationibus constaret evidentissimis , & omni acceptione dignissimis ; tamen ab aliquibus qui tardicordes erant ad credendum , adhuc dubitabatur utrum verus sanguis christi fuisset ? quibus haec relatio satisfecit inventa in apocryphis , quibus non dissidet , imò concordat * textus evangelicae veritatis . quod videlicet cum joseph ab arimathia nobilis decurio , qui sic dicebatur quia decem militibus praefuit , vel decurio , id est , de curia & de numero curialium , fuisset unus de auditoribus jesu , & potius de discipulis , & amator specialis ; compatiebatur ei , & sollicitabatur qualiter corpus conservari posset tam venerabile à furore judaeorum . erat enim amicissimus jesu , sicut & nicodaemus . sed hii & alii divites occulti , propter metum judaeorum ; ne accusati , jacturam incurrerent & odium amicorum . magnum enim vinculum servitutis in se habent divitiae . crucifixo igitur jesu & mortuo , postulavit joseph corpus jesu , ingrediens ad eum audacter ( per quod creditur fuisse potens ) & concessum est ei . ipse igitur ( licet obmurmurassent judaei ) cum omni honore & reverentia , ipsum corpus sanctissimum deposuit de cruce saucium & multiformiter cruentatum , habensque linteamen subtile dependens à collo & humeris ( ne indignè tam dignum corpus nudis manibus contrectaret ) ipsa sacra vulnera adhuc madida ac distillantia , sedulo ac devoto detersit officio . imò etiam loca clavorum extractorum tincta cruore in ipso crucis patibulo , exhausit abstergendo ; utens vice spongiae ipso linteamine . cum autem jam non procul à golgotha , id est loco calvariae ( loco videlicet crucifixionis ) corpus christi detulisset dictus joseph tumulandum , in loco ubi nunc sepulchrum adoratur , in sepulchro novo in quo nullum adhuc corpus positum erat , non ignobiliter inciso , quod & ipse comparaverat , lavit corpus illud , quia multipliciter ut jam dictum dignoscebatur , saucium & cruentatum , tum propter sudorem ipsius , de quo scribitur , * factus est sudor ejus quasi guttae sanguinis decurrentis in terra ▪ tum propter flagella quibus caesus fuit asperrimè usque ad livorem & cruorem , tum propter coronam spineam quam judaei plectentes violenter capiti ejus impresserunt ▪ ( cujus multi aculei caput & frontem non tantum pungerent & laederent , imò potius vulnerarent & cruentarent ) tum propter clavorum per mediam manuum & pedum perforationem ▪ tum propter militis lanceam qua ipse latus jesu non tantum vulneravit sed aperuit ; amplum enim fecit & hiatum patulum fortè saepius , vel saltem semel fecit impingendo ▪ memoratus igitur venerabilis decurio joseph corpus ipsum lavit ; hic enim erat judaeorum consuetudo , & adhuc est aliquorum honestorum christianorum , maximè religiosorum . lavit , inquam , quia condiendum . lavit , quia sanè arbitrabatur & religiosè dignum censuit sanguinem ipsum sibi prorsus vendicandum , & ut thesaurum vel medicamen preciosissimum reservandum . ipsamque aquam loturae rubicundam , & sanguine mixtam & tinctam , non projiciendam excepit in vase mundissimo . reverentius tamen , ipsum purum sanguinem à vulneribus manuum & pedum distillatum ; maximo autem timore & honore ipsum sanguinem cum aqua quem censuit praecordialem , à latere dextro foeliciter eliquatum & expressum , in vase recepit nobilissimo tanquam thesaurum impreciabilem , sibi & successoribus suis specialiter reservandum . manifestum est igitur , quadruplicem ibidem fuisse liquorem . primò , aquam rubicundam , scilicet loturam ; quam ipse amicis infirmantibus distribuit efficaciter medicinalem . secundò , sanguinem puncturarum in capite & fronte , & scissurarum per flagella inflictarum cum sudore . isti duo liquores , ex pluribus mixti dignoscuntur . tertiò , sanguis ex vulneribus manuum & pedum , qui purus fuit & impermixtus emanavit . quartò , ille formidabilis tremendae & reverendissimae recordationis cruor praecordialis , qui ex ipso corde christi , vel saltem latere constat effluxisse . praeter quos quatuor liquores , aquam cum sanguine de ipso latere scimus emanasse . haec ergo cum piè & prudenter perfecisset joseph , & corpus jam esset conditurus , supervenit nicodemus eodem tactus spiritu pietatis , multum commendavit diligentiam joseph . erat antem nicodemus nobilis & potens sicut & joseph , unde in evangelio dicitur fuisse princeps judaeorum . et factus est ipsi joseph in adjutorium & solatium . isti namque duo nobiles ac religiosi viri , erant de discipulis jesu , audientes eum clam ; de noctibus videlicet , ne commoverent seditionem in populo , & plenius ab ipso eruditi expectabant regnum dei. iste igitur nicodemus prout praelibatum est , ut exequiarum tantarum decus adaugeret , & sua praesentia fide & devotione plenius prosequeretur : attulit ( ut testatur * johannes in evangelio suo ) mixturam myrrae & aloes quasi libras centum , ad condiendum corpus tantae auctoritatis . erant enim devoti ac stabiles in fide , quia viderant multa ejus in vita miracula , necnon & in morte : quia terraemotum & tenebras universales ( quod erat supra naturam cum tunc fuisset luna panselenos ) aquamque de latere ejus ( quod erat insolitum & miraculosum ) distillasse . loquitur igitur johannes evangelista exin pluraliter , propter associationem supervenientis nicodemi ; dicens , acceperunt ergo corpus jesu . porrò , praeter illam myrram aloem quam attulerat nicodemus ; apposita sunt illi confectioni etiam aromata joseph . dicit enim johannes , ligaverunt linteis corpus ipsum cum aromatibus . et sic conditum & involutum aptaverunt , & ordinatè posuerunt in monumento novo : quod compositum fuit per modum clibani ▪ ita videlicet , ut ibi plura corpora reponi potuissent . in ipso quoque sepulchro , nondum quis , nec postea , ponebatur . decuit enim quod sicut in uterum virginis descendit , & ex virgine natus fuit primogenitus ( id est unigenitus ) & per clausam portam exivit : sic & in novo sepulchro in quo nullus positus vel ponendus erat , christus dignè collocaretur . et apposuerunt ostium ad os monumenti : lapidem quippe magnum . unde * matthaeus evangelista vocat illud saxum magnum . et mulieres quae licet tres fuissent ( quae postea venerunt , ut ungerent jesum ) nescientes quod jam unctus esset , sollicitarentur quomodo ab ostio monimenti revolveretur . quo facto , recesserunt joseph & nicodemus , & qui eos sequentes , ipsis assistebant . posteà verò accesserunt judaei versuti & in odio obstinati : & ex permissione pilati , * lapidem memoratum signaverunt , apponentes militum custodiam . et cum inde recessissent joseph & nicodemus , partiti sunt inter se ( ratione amicitiae & condiscipulatus ) liquores memoratos : utpote pretiosam adquisitionem . sic igitur devoluta fuit hujus charissimae rei possessio , de patribus in filios , & de amicis ad amicos . videlicet inter nobilissimos , quod post multorum annorum curricula devenit ad possessionem patriarchae jerosolymitani , utpote thesaurus ecclesiae , cui praeesse patriarcha dignoscitur , anno gratiae . qui tum propter discrimen terrae sanctae quam tunc timuerunt amittere christiani , tum propter hoc , quod regem angliae christianissimum cognoverunt , & ipsam terram christianissimam : memoratus patriarcha de consilio suorum suffraganeorum magistrorumque militiae templi & hospitaliorum , & aliorum nobilium transmarinorum , qui in testimonium veritatis vel sigilla sua apposuerunt , vel assertionem mandati transmiserunt , saepedictum thesaurum sanguinis memorati , piissimo regi angliae henrico tertio , ut sub ejus tutela dignius veneraretur et tutius reservaretur , prudenter duxit transmittendum , & non pro alicujus commercii retributione , imo in merae charitatis liberalitate conferendum . unde asserunt nonnulli , quod generosiori modo possidet illud munus rex angliae henricus , tantaeque dignitatis reliquias quàm rex francorum suas , quas paucis antea annis evolutis , institoriè adquisivit . et si sancta nimis sit crux vera , propter contactum sancti corporis christi ; & corona , & lancea , & clavi ; multo sanctior fuit sanguis ipse christi , pretium videlicet humanae redemptionis , quia propter cruorem & in cruore sanctificata est crux & caetera , & non cruor propter crucem , vel propter alia passionis instrumenta . sed quia tardi cordes & oblocutores solent sic objicere & dicere , quod cum christus tertio die resurrexisset cum corporis integritate , & non exanguis , qualiter esse posset quod sanguinem suum post se reliquerit in terra . responsum fuit sufficienter . duo sunt sanguines , vel genera sanguinum . unus enim sanguis est , qui ex nutrimentis generatur , qui aliquando ita superfluit , ut à naribus sponte prorumpat , vel aliquem alium exitum , ut minutione indigeat sic repletus . et de tali sanguine christi , habemus in terra , licet sanè non fuisset sanguinolentus ; deo sic volente , ut videlicet habeatur recentior memoria dominicae passionis . est & alius sanguis , qui corpori animato substantialis . de quo dicitur , quod ptysis est consumptio substantialis humiditatis , id est sanguinis vitae necessarii . qui secundum physicos dicitur amicus naturae , & de quo dicit * moyses , quod in sanguine sedes est animae . sed ille sanguis reponitur in triclinio cordis , sine quo non posset quis vivere . de illo christi sanguine , non habemus fortè in terris : fortè dico , quia omnia quaecumque voluit , dominus fecit . surrexit enim deus , & quicquid fuit de substantia corporis sui & decoris plenitudine , cum ipso , & quod de veritate humanae fuit naturae cum ipso , id est sanguis eidem consubstantialis . alius verò qui distillavit habetur hic . et nos quidem sic resurgemus , videlicet sine aliqua corporis vel mutilatione vel deformitate . qualiscumque enim extiterit homo in hoc mundo , contractus , gibbosus , vel leprosus , vel nanus , vel abortivus , in resurrectione sibi plenè restaurabitur . revera in corporis christi , suorum * vulnerum stigmata , post resurrectionem suam , recentium , & adhue hiantium , quod apparuerunt , & quod se christus post resurrectionem & glorificationem corporis palpabilem praebuit , & ad suum bene placitum visibilem , vel vulneratum monstravit , miraculosum & obstupendum . ut sic videlicet dubitantium fides roboraretur , quia tam duri & tardi fuerunt quidam discipulorum ad credendum resurrectionem , quod postquam viderant , non crediderunt , & ut benedictio non verius & tamen credituris , largius donaretur . tertia causa fuit & potissima , ut scilicet sic sciretur quod omnipotens fuit , ut contra consuetum usum & naturalem foret corpus ejus , qui fuit dominus naturae , ad suum nutum & beneplacitum monstrabile , & palpabile , & saucium cerneretur , qui tamen ad discipulos intravit foribus obseratis . et sic omnium cessare debent morsus detractatorum . how unsatisfactory this legend , these testimonies are to evidence this relique to be christs very blood to any pious christian , all men may judge ; yet such was the ignorance and superstition of that age , that the king , prelates , clergy , and generality of the people received and really adored it as christs very blood wherewith they were redeemed , not only at first anno . but the next ensuing years , by the kings special summons , prohibiting all faires or sales of wares in london and elsewhere , to draw multitudes of people to westminster to adore this false relique , and enrich the abbot , monks , and inhabitants by the profits of this faire , which undid many merchants resorting to it with their wares , as matthew paris there present thus relates . * anno quoque sub eodem , dominus rex cum londinum properaret ad festum sancti edwardi , quod est de translatione ejusdem sancti , in quindena scilicet sancti michaelis , tertio idus octobris , quamplurimis praelatis , magnatibusque sub obtentu amicitiae ec devotionis significavit , ut praesentialiter cum ipso apud westmonasterium beati edwardi festum solenniter ac devote concelebrarent . venerunt igitur illuc vocati comes richardus , comes rogerus bigod marescallus , comes herefordiae , & barones praeelecti cum militibus nonnullis , episcopi autem wintoniensis , londinensis , elyensis , wygorniensis , karleolensis . abbates autem & priores quamplurimi . jussit autem dominus rex denunciari , & voce praconia , fecit per totam civitatem londini , & alibi acclamari , quod constituit nundinas novas exerceri plenè apud westmonasterium per quindenam duraturas ; omnes quoque nundinas quae solent per tantum tempus per angliam exerceri , utpote nundinas elyenses , & alias , & omnem mercaturam , quae solet londini haberi , & extra tectum vel sub recto exerceri , sub poena magnae forisfacturae & jacturae praecisè interdixit , ut sic nundinae westmonasteriales populis & mercibus copiosius abundarent . vnde factum est ut illic innumerabilis populus undique velut ad celeberrimas nundinas conflueret , ibidemque translatio beati edwardi , et sanguis christi a populo illuc tracto et ibi congregato , inopinabiliter veneraretur . verum omnes illic mercimonia sua emptui exponentes , cum non haberent tecta , nisi de panniculis tentoria , magnis incommodis premebantur , quia variis procellis aereis , ut tunc temporis solet , ingruentibus , algebant , madebant , esuri●bant , sitiebant mercatores ; pedes luto sordebant , mercimonia eorum imbribus contabuerunt . vbi n●mque ad mensam pransuri sedebant , qui ad caminos refici consueverunt prandentes in medio familiae suae , penitus sic egere nescierunt . episcopus autem elyensis , pro jactura nundinarum suarum elyensium , edicto regio suspensarum , graviter conquestus est domino regi super hoc , qui tales adinvenit in gravamen subditorum novitates sed nihil nisi inania verba mulcentis promissionis & futurae consolationis reportavit . ; after this anno . the king by his letters summoned his nobles and prelates magnificently to lebrate the feast of st. edward in st. peters at westminster , * congregati sunt igitur ibi quamplurimi , tum pro devotione & amore sancti , tum pro domini regis ipsos v●cantis reverentia , tum pro veneratione sancti sanguinis christi nuper adepti , et venia concessa ibidem obtinenda : such was their blind anniversary devotion ●and superstition . for evincing whereof , i shall only subjoyne , that our learned thomas beacon in his * reliques of rome , and others relate ; that in the church of lateran in rome ( amongst other reliques ) they have the water and bloud which flowed out of christs side when he hanged on the crosse ; and that part of his foreskin which was cut away when he was circumcised . that in the th principal church they have two cups , of the which one is full of the bloud of christ ; the other full of the milke of the blessed virgin mary , ( the reliques of whose milke , and hair , are shewed in above other places ) that s. swoll the daughter of fulco king of jerusalem , and wife of king theodoricus , by the consent of her husband , became a nun , or religious woman at jerusalem , where she found ( as they write ) a good quantity of christs bloud which , nicodemus , and joseph of arimathea got out of the wounds of christ when they washed his body , and she sent it to her husband ; which bloud ( as they say ) is at this day kept * at bruges , and is there shewed to the people on the third day of may : besides this viol of his bloud , sent into england ; which he likewise mentions . if the reliques of the bloud of christ shed on the crosse , be extant in so many places ; then it could be no such peculiar blessing to england , as was then pretended , yea being found out only by this nunne above a thousand years after christs death , it must doubtlesse be a grosse imposture , as it was afterwards resolved , declared ; and those most audatious false witnesses , who durst thus publickly attest the truth and reality of it under their hands and seals upon her single evidence , yea this our devout king , his nobles , prelates , clergy were strongly deluded to believe lyes , who annually adored this bloud with such solemn devotions , processions , and used such artifices to induce the people to adore it , as you have already heard . in the year . ( h. . ) the bishop of durham presuming upon the priviledges of his bishoprick ( being a county palatine ) granted by our kings favour , oppressing the prior of tynemouth against the liberties granted to the priory by the kings royal predecessors , and the lawes of the realm , and refusing upon two former letters sent unto him by the king , intreating him in a fair and friendly manner to desist from oppressing the prior , in respect he was under his special protection ; the bishop notwithstanding most contemptuously and ungratefully persevering in his illegal vexations , aud slighting the kings former letters ; he therupon by his royal prerogative sent this special writ and mandate to him , to do justice to the prior , or else he would do him justice himself , notwithstanding his liberties , and punish the injuries done unto him , which he could not , yea ought not any longer to endure . henricus dei gratiâ , &c. dunelmensi episcopo salutem . non possumus non mirari super eò , quod cum semel & secundò vos affectione plena rogaverimus , ut à vexatione dilecti nobis in christo prioris thinemua desistatis , qui , sicut nostis , sub protectione & defensione nostra militat speciali , precibus nostris pro ipso porrectis , condescendere minimè curavistis , nolentes ad animum revocare , quod pro honore vestro , vobis detulimus in hac parte ; credentes firmiter & sperantes , quod vestrae discretionis benignitas vos ad hoc gratis faciendum induceret , quod per legem regni nostri , et regiam potestatem vos facere oportebit . vt autem vobis liqueat manifestè quod vobis hucusquè in facto isto volumus deferre ; tertiò paternitatis vestrae dilectionem duximus attentius implorandam , quatenus intuitu precum nostrarum et ob reverentiam quam principi vestro debetis impendere , averia sive bona dicti prioris , quae contra legem terrae coepistis , & detinetis injustè , quod per libertates suas , quas habet per chartas praedecessorum nostrorum regum angliae , & maximè per chartam richard● regis avunculi nostri , apertè poterit comprobari , & quibus temporibus praedecessorum nostrorum liberè usi fuerunt , deliberari , absque morae dispendio faciatis scituri pro certo quod nisi infra octavas sancti ; hillarii proximo futuras , has preces nostras plen● effectui duxeritis mancipandas , quantumcunque vobis detulerimus , & de jure deferre vellemus , nos extunc , non obstante libertate vestra , cujus praetextu injurias vestras aliis illatas , sine correctione regiae dignitatis , non debemus nec possumus sustinere , praedicta averia deliberari , et damna eidem priori restitui , quae injuriae vestrae occasione sustinuit , et de vobis plenam faciamus justitiam exhiberi . teste meipso , &c. patet igitur per praedicta , quod injuriatum est enormiter dicto priori & conventui suo , qui gaudet eisdem privilegiis & liberatibus quibus & ecclesia beati albani , cui collatum est , quicquid fas est conferri alicui abbati , in spiritualibus à summo pontifice , & à piissimis fundatore ejus offa , & aliis regibus angliae , in temporalibus , quicquid regia potestas potuit exhiberi , which liberties he there recites at large . you have formerly heard the popes intollerable extortions exercised by his counterfeit nuncioes , freers , harpies , bulls in england and elsewhere , with the oppositions complaints against them , an. . which notwithstanding he vigorously and impudently prosecuted , anno . ( h. . ) as matthew paris and others thus relate . eodem anno , multiplicata sunt cum augmento gravamina multipliciter excogitata , quae a romana curia in regnum diatim angliae miserae profluxerunt . praeter angustiam & servitutem insolitam , eo quod suspendebantur praelati a collatione beneficiorum , donec romanae avaritiae satisfactum esset , nec contra hoc reclamavit reguli pusillanimitas , pullularunt quotidie novarum oppressionum germina detestanda . et si non omnia gravamina quia difficile esset , imo impossibile , describere , aliqua tamen , ut doleant inspectores , et dolentes deo conquerantur , et eo quandoque propitio liberentur , huic opusculo duximus inserenda , ut omnibus pateat angliae miseranda miseria , quae bonis rectoribus , et tutoribus proh dolor , viduatur . abbas abenduniae a domino papa mandatum acceperat , de provisione cuidam romano sine morae dispendio facienda . romanus autem ille , non quamcunque volens ecclesiam accipere , sed opimam , e●pectavit sub silentio dissimulans , donec quaedam vacabat ecclesia nobilis & opulenta , scilicet ecclesia beatae helenae in villa abendunensi , quae ad centum marcas aestimatur , omni referta commodo , utpote in burgo , qui coenobio subjacet memorato . confestim●gitur istam exegit ille romanus , qui diu siluerat , & instanter postulavit sibi authoritate conferri apostolica . eadem autem die qua vacaverat ecclesia , urgentissimum accepit abbas a domino rege mandatum , minis , conjunctis precibus contextum , ut et ipsam ecclesiam conferret fratri suo uterino aethelmaro , licet idem aethelmarus jam tot abundaret ecclesiiis et redditibus , quod nec miramur , si numerum eorundem ignoret et valorem . abbas igitur circumplexus , & quasi inter duas molas ●●rcumvolventibus molaribus constitutus , quasi contritus , consuluit super hoc conventum & amicos fideles & discretos , qui responderunt ; durum patet utrobique , veruntamen si dominus rex velit vos ab impetu papali protegere , tolerabilius arbitramur , illum ecclesiam conferre ipsi fratri regis domini principis ac patroni vestri , quam illi romano qui vobis semper vicinus fieret insidiator vigil ac persecutor indefessus , & quasi semper spina in oculo . significatum est igitur istud domino regi tempestivè , cui dominus rex indubitatam promisit cum omnimoda protectione , & indemnitate protectionem . hisigitur dictis confidens fallacibus abbas , dicto aethelmaro ad regis contulit supplicationem . romanus igitur iratus valde , confestim papam adiit , et eidem rei seriem cum augmento provocationis plenius enarravit , graviter conquerendo . citavit igitur dominus papa ipsum abba em , ut personaliter coram eo apareret , de inobedientiae offensa responsurus . abbas igitur domini regis omni destitutus consolationis auxilio super hoc crebrius requisito , romanam senex et valetudinarius curiam adiit , in multa mentis tristitia , pavore , et amaritudine . vbi tandem post multas angustias et expensas non modicas , dicto romano ad arbitrium papae satisfecit annuas quinquaginta marcas de camera sua , in magnum suae ecclesiae laesionem conferendo . anno quoque sub eodem abbate sancti aedmundi sublato de medio , rex postposito dei & s. martyris timore & reverentia , quem specialiter teneretur causa multiplici venerari , a domo illla vacarite tantam recepit pecuniam , quod videretur viscera misericordiae penitus amisisse , nam absque ballivorum regiorum stipendio mille et ducentas marcas inde extorsit truculenter . cum igitur alium fratres in loco abbatis substituendum eligissent jam defuncti , quosdam de fratribus propter confitmationem ejusdem , ad curiam roman●m destin●runt . facta igitur super hoc examinatione cavillatoria , reprobata est electio et electus , ut in retiacula immisericordis misericordiae sic incideret reprobatus . et cum monachi tristes recessissent & verecundi , revocavit eos dominus papa , dicens , cum miseri misericordia indigeant , ex mera gratia nostra , vobis ad praesens , ne confundamini , ipsum electum concedimus , illi ipsum coenobium beati aedmundi liberè ac liberaliter conferendo . veruntamen respiciat in octingentis marcis , et respondeat illi mercatori quem illi assignabimus , cui in tantum obligamur . et sic monachi recesserunt illaqueati : qui tot lacessiti injuriis & gravaminibus inconsolabiliter doluerunt , & unus eorum ante recessum à curia apud lugdunum mortuus est , alter apud doveram rediens à curia illa non curiali , viam universae carnis , non sine mentis amaritudine est ingressus . whereupon he thus concludes this years affairs , transiit igitur annus ille aere temperatus & serenus , &c. italiae inimicus , alemanniae lethifer , angliae adversdrius , franciae exitialis . et ut brevibus concludam , iu omni ferè regione christianorum , thesaurorum consumptivus , mundi finis multiplicibus argumentis indicativus . vt sunt , surget gens contra gentem , & terrae motus erant per loca , ( there being two earthquakes in england , and one in savoy ) & consimilia . praecipue autem romanae curiae infamis , pestifer , et perniciosus , iraeque divinae manifeste comminatorius . an. h. . an official held plea of layfee in court christian , and after the kings writ of prohibition and an attachment for disobeying it , excommunicated the party , who was therupon imprisoned by a capias excommunicatum ; the king upon information of this practice and contempt , for the defence of his own prerogative and his subjects liberties , granted a writ to enlarge the prisoner , till the cause should be heard and determined in his temporal court , as this writ doth evidence . ostensum est regi ex parte ceciliae quae fuit uxor elyae piscatoris , quod cum eadem cecilia detulisset official . episcopi winton ▪ sicut judici , & drogoni le tanur , & haghenild uxori ejus , qui ipsam ceciliam traxerant in causam in curia christianitatis , coram eodem officiali , literas de prohibitone , ne implacitaretur de laico feodo suo in curia christianitatis , & postea cum non ducerent deferendū prohibitioni regis , detulisset vic. sutht . breve regis de ipsis attachiandis , sicut legis et consuetudinis est regni , eandem ceciliam ante diem sibi assignatum de prosequendo inde versus ipsos in curia regis , tanquam excommunicatam , de praecepto regis capi procuraret , & in prisona regis winton . detineri ; & mandatum est vic. sutht . quod si ita est , ipsam ceciliam à praedicta prisona statim deliberet , ●●c eam eadem occasione capi iterato , donec pr●ictum placitum terminetur in curia regis . teste rege apud westm . die jan. if any person attempted to draw the kings subjects into plea in any court out of the realm , against the kings priviledge and subjects liberty , the king granted a supersedeas and prohibition thereupon , as this record ensuing attests . rex j. sarac . decano wellen. salutem . mandamus vobis rogantes , quatenus in cognitione causae vobis commissae à domino papa super medietate ecclesiae de denecastr . supersedeatis ex toto usque in quindenam paschae ▪ ita quod nullo modo causam illam remittatis ad curiam , veniendo sic contra * privilegium a sede apostolica nobis indultum , ne quis de regno nostro trahatur in causam extra regnum angliae . ita vos habentes in hoc facto , quod neque nos ejusdem privilegii nostri , neque dilectus clericus noster magister r. de neketon juris sui quod habet in medietate praedictae ecclesiae in aliquo per vos sentiamus laesionem . teste rege apud sanctum edmundum . die octobris . the pope at archbishop * boniface his request . granted him in ayde of his church of canterbury one years fruits of every church belonging to the donation of lay-patrons when it should fall voyd , which though the bishops and clergy were enforced by the popes and archbishops censure to submit to against their wills , yet the nobles in parliament would by no means assent thereto ; wherupon the king issued this memorable prohibition to hinder this illegal ayde , and the collection thereof , notwithstanding the popes bull. rex w. norwicensi episcopo salutem . quia magnates terrae nostrae noluerunt in ultimo parliamento nostro quod fuit london . ut de ecclesiiis ad donationem laicorum spectantibus darentur unius anni fructus cum eas vacare contingeret , in ecclesiae cantuariensis subsidium ab apostolica sede concessum , aliquatenus consentire . vobis mandamus prohibentes districte , ne ab hujusmodi ecclesiis cum vacaverint , vel quae post concessam praefatae ecclesiae indulgentiam vacaverunt , occasione alicujus mandati fructus exigatis praedictos , vel earum rectores ad conferendum dictum subsidium compellatis , donec cum praedictis magnatibus , sine quibus super hoc nichil volumus attemptare , colloquium habuerimus iteratum . teste , &c. the bishop of chichester having sequestred and locked up the barnes of a clerk , thereby to extort this ayde of one years fruits to the archbishops use , the king thereupon issued this writ to him to take off his locks , that so he might freely dispose of his corn , and barns , else he would command the sheriff of the county to unlock them , and to permit him the free disposition thereof . rex rogavit r. cycestrensem episcopum , quod seras suas quas apponi fecit * orreis wyberti de kanc. de gynnington , pro eo quod sructus unjus anni ecclesiae suae ad opus cantuariensis archiepiscopi nititur extorquere , deponat , et eidem wyberto de bladis et orreis suis liberam habere faciat administrationem : quod si forte , quod absit , facere noluerit , vic. sussex seras ▪ illas deponat , et liberam administrationem iude ipsum wybertum habere permittat . teste ut supra . the dean and chapter of clon . in ireland electing frier daniel for their bishop ▪ refused to present him to the king after his election , to approve , or disapprove of him , according to usual custom , and by the popes concurrence proceeded to his consecration , without the kings license , to the prejudice of his royal dignity ; the king hereupon refused to restore the temporalties to him , till at last upon the mediation of some great and religious men , he restored them by this writ , upon condition , that the bishop , dean and chapter should put in security by their letters patents , from thenceforth not to make any election ▪ without first obtaining the kings license , and that after the election made , they should present the person elected to him and his heirs for their approbation ; as this writ attests . rex justi● . hyberniae salutem . licet decanus & capitulum clonen . post electionem de fratre daniele in suum episcopum & pastorem ●a●tam , eundem electum , prout moris est , nobis , ut ei nostrum assensum impertiri vel denegare possumus , praesentare renuerint , ad ejus consecrationem nostro non optento favore , ex mandato apostolico , in regiae dignitatis praejudicium procedentes ; quia tamen magni & religiosi viri pro eodem episcopo nobis instantissimè supplicarunt ; vobis mandamus , quatinus accepta securitate per literas patentes signatas sigillis eorum episcopi , decani & capituli , quod ad electionem hujusmodi faciendam fine nostra licentia petita de caetero non procedent , et quod personam electi post electionem factam ante ipsius consecrationem nobis , vel nostris haeredibus praesentabunt , praedicto episcopo de terris et tenementis et omnibus aliis ad praedictum episcopatum spectantibus sine motae dispendio plenam seisinam habere fac . teste apud r●senb●rgh ▪ secundo die julii . the king being informed , that certain persons intended forcibly to spo●l the church of dadington of a meadow belonging to it , issued this writ to the sheriff of northt . to prohibit the force , and to maintain and hold the clerk in possession thereof , so far as he could do it with justice . datum est regi intelligi , quod quidam intendunt spoliare ecclesiam aymari fratris r. de dadinton , quodam prato ad eandem ecclesiam suam pertinente . et mandatum est vicecomiti northt . quod nullam vim fieri permittat quo mi●s eadem ecclesia gaudeat possessione sua ejusdem prati : imo ipsum fratrem r. & suos in eadem possessione , quantum cum iustitia poterit , manuteneat et defendat . teste rege apud winton . . die julii . king henry by his ecclesiastical prerogative sent this mandate to the sheriffs of yorke and nottingham , to permit the dean and chapter of st. peters in yorke to enjoy all their liberties granted them by the charters of his predecessors kings of england , used till that day ; yet so , as by pretext thereof none of the rights or liberties of his crown whereof he was seised , should be thereby impaired or medled with . mandatum est vicecomiti eborum , quod permittat decanum & capitulum sancti petri eborum , ut omnibus libertatibus suis concessis eis per chartas praedecessorum nostrorum regum angliae , quibus libertatibus usque in hodiernum diem usi sunt ; ita tamen quod de iure vel libertatibus regis quorum rex extiterit in seisina usque in diem praesentem , occasione eartarum praedictarum nichil eis dimittat . teste rege apud westmonast . die februarii . eodem modo scribitur vic. notinghamiae , de libertatibus praedictis . teste ut supra . the kings justices in eyre proceeding against the archdeacon of lincolne for prosecuting a suit in the court christian , contrary to the kings prohibition , against the abbot of tinterne , procured this respite , till conference had with the king on a set day . mandatum est h. de bathonia , & sociis suis justiciariis itinerantibus in comitatu essex , quod demandam quam fieri faciunt magistro willielmo lupo archidiacono linc. de processu causae in curia christianitatis inter ipsum archid. & abbatem & conventum de tinterne , contra prohibitionem regis , ponant in respectum ; usque ad colloquium regis , quod erit in quindena nativitatis sancti johannis baptistae . teste rege apud westmonasterium die februarii . the canons of pauls having committed a contempt against the king , he thereupon issued this writ to the sheriffs of london , to seise all their beasts and chattels , and not to deliver them without the kings special precept . mandatum est vicecomitibus london , quod omnia averia & catalla canonicorum sancti pauli london , in balliva sua inventa , capi faciant , et ea non deltherent sine speciali praecepto regis . teste meipso apud westmonasterium . die januarii . some differences happening between the sheriff of cambridge and bishop of ely concerning the conusance of pleas and liberties in the isle of ely , the king issued this writ to the sheriff , not to hold any plea in his county court , of things usually held within the bishops liberty , during his own and his ancestors reigns . mandatum est vicecomiti cantabrigiae , quod non teneat aliquod placitum in comitatu suo , quod teneri debet & solet in insula elyensi infra libertatem h. elyensis episcopi , aliter quam teneri consuevit tempore regis & temporibus praedecessorum suorum regum angliae . teste ut supra . pope innocent seemingly ( but not really ) to gratifie king henry in some trivial things , though he turned the deaf ear to other grievances , sent him this bull , that no ordinary , delegate or subdelegate , should denounce any sentence of excommunication , or interdict , or impose any tax upon his royal chappels , oratories , or the canons or servants belonging to them , against their priviledges formerly granted , without the special mandate of the see apostolick . innocentius episcopus , &c. regi angliae illustri , salutem & apostolicam benedictionem . tanto libentius celsitudinis tuae precibus benignum impartimur assensum , quanto inter reges et principes christianos , te specialius reporta in domino reputamus filium specialem et devotum , tuis igitur supplicationibus inclinati , districtius inhibemus , ne ullus ordinarius , aut etiam delegatus , vel subdelegatus in capellas regias et oratoria eorundem , ecclesiae romanae immediate subjecta , seu canonicos vel servientes ipsorum contra tenorem privilegiorum et indulgentiarum apostolicae sedis , excommunicatiouis vel interdicti sententiam audeat promulgare , seu aliquod ipsis onus imponere ; quod aliis exemptis ecclesiis non consuevit imponi , absque mandato sedis apostolicae speciali , quod expressam faciat de hujusmodi inhibitione mentionem . nulli ergo hominum , &c. teste dat. lugduni . die augusti , pontificatus nostri anno tertio . a meer delusory bull , this arbitrary fallacious clause , ( absque mandato sedis apostolicae speciali , &c. ) being totally frustrated by special mandate or non obstante at the popes meer will and pleasure . this year there fell out a great difference between the king , his prelates and nobles in parliament , principally occasioned by the bishops and clergy , who more readily promoted all the popes illegal exactions , impositions , notwithstanding the kings prohibitions ; but opposed and slandered the king upon every occasion , invading the rights of his crown , denying him subsidies when demanded , charging him with unjust detaining the temporalties of bishopricks in his hands , and other exercises of his royal prerogative to supply his necessities , when they would not ayde him ; recorded by matthew paris . circa festum sancti hilarii , episcopo bathoniensi roberto viam universae carnis ingresso , dominus rex , secundum consuetudinem suam , ( as he might legally do by his prerogative ) avidas manus bonis episcopatus injecit , ut quicquid abradere posset , festinanter asportaret . sub illius anni initiali curriculo , in octavis videlicet purificationis , edicto regio convocata totius regni angliae nobilitas convenit londini , ut de regni negotiis nimis perturbati & depauperati , & temporibus nostris enormiter mutilati diligenter & efficaciter simul cum domino rege contrectaret . advenerunt igitur illuc excepta baronum , militum , nobilium , necnon & abbatum , priorum & clericorum , multitudine copiosa , novem episcopi , cum totidem comitibus ; videlicet , archiepiscopus eboracensis , wintoniensis , lincolniensis , norwicensis , wigorniensis , cicestrensis elyensis , roffensis , carleolensis ; comes richardus , comes gloverniae , comes legriae , comes wintoniae , comes hertfordiae , comes rogerus bigod marescallus , gomes oxoniae , & praeter hos , comes lincolniensis , comes de ferrariis , comes de warrenniae , comes de richmundiae , p. videlicet de subaudia . huic autem magnae congregationi non fuerunt praesentes archiepiscopus cantuariensis b. qui transmarinis partibus domino papae militabat , & dunelmensis , qui remotus fuit & valetudinarius , bathoniensis autem , paulò antè obierat . et cum praeposuisset dominus rex ( non enim propositum suum latuit universitatem ) pecuniare auxilium postulare ; redargutus est graviter super hoc , quod non erubescebat tunc tale juvamen exigere , praesertim quia quando in ultima tali exactione , cui nobiles angliae vix consenserunt , confecit chartam suam , quòd amplius talem non faceret magnatibus suis injuriam & gravamen . reprehensus est insuper gravissimè ( nec nimirum ) super indiscreta vocatione alienigenarum , quibus omnia bona regni indiscretè , prodigialiter & prodigaliter distribuit & dispersit , & nobiles regni ignobilibus extraneis maritavit , indigenas & naturales homines suos spernendo & postponendo , irrequisito assensu mutuo qui est matrimonii completivus ▪ reprehensus est insuper dominus rex , ( and that principally by the bishops and clergies suggestions ) quod episcopatus et abbatias , sicut et gardas vacantes , a sanctis et magnificis patribus nostris fundatos , quos in manu sua diu tenet , et teneretur tutor esse et defensor , et proinde dicuntur esse in manu ejus , hoc est , sub ejus protectione , contra iuramentum , quod fecit in coronatione sua primum et praecipuum , usque ad destructionem depauperat . calumniatur itaque dominus rex graviter à singulis & universis non mediocriter conquerentibus , eo quod , sicut magnifici reges praedecessores sui habuerunt , justitiarium nec cancellarium habet , nec thesaurarium , per commune consilium regni , prout deceret & expediret , sed tales qui suam qualemcunque , dummodo sibi quaestuosam , sequuntur voluntatem , nec qui reipublicae , sed singularem quaerunt promotionem , pecuniam colligendo , custodias & redditus sibi primitus procurando , &c. haec cum audisset dominus rex , confusus in semetipso erubuit , sciens haec omnia esse verissima . promisit igitur verissimè ac certissimè se haec omnia gratanter emendaturum , sperans per talem humilitatem , licet fictam , omnium corda postulationi suae promptius incurvare . cui inito consilio crebrius in●talibus promissis universitas irretita , respondit : hoc videbitur , & infra breve tempus apparebit manifestè . expectabimus adhuc patienter & prout se geret dominus rex , & se habebit vers●s nos , & nos ei in omnibus obtemperabimus . dilata sunt igitur omnia , & in respectum posita , usque ad quindenam nativitatis sancti johannis baptistae . sed dominus rex interim vel suo spiritu , vel amicerum suorum , qui nollent suam enervari potestatem , induratus , & contra suos homines magis exasperatus , minimum emendationis in praedictis excesstibus , fidelibus suis , secundum quod promisie , curavit impendere . hereupon , adveniente autem quindena sancti johannis baptistae , mense junii , convenit londinum totius angliae nobilitas , credens firmiter ex certa domini regis promissione , ut mutatis erroribus se consiliis sanioribus , collata sibi gratia divinitus , inclinaret . convenientibus igitur in unum omnibus regni primatibus , talis à domino rege profluit responsio illepida : voluistis vos omnes angliae primates , ad arbitrium vestrum parum civile , dominum vestrum regem incurvare , eidemque servilem nimis imponere conditionem , dum quod libet unicuique vestrum , illi frontose denegaretur . porro licet cuilibet cujus et quolibet uti consilio . caeterum , licet cuilibet patrifamilias que mcunque de domo sua illi vel illi officio praeponere , vel postponere , vel etiam deponere , quod utique domino vestro regi temere praesumitis denegare : praesertim cum dominum servi , principem suum vassalli minime debeant judicare , vel suis arctare conditionibus : quin imo domini arbitrio potius habent dirigi et voluntate ordinari , quicunque censentur inferiores . non enim est servus supra dominum , sicut nec discipulus supra magistrum : non foret utique rex vester , sed quasi servus , si ad voluntatem vestram , sic inclinaretur . quapropter nec cancellarium , nec iustitiarium , nec thesaurarium , prout disponere proposuistis , nec amovebit , nec alios substituet . similiter ad alios articulos , regi satis salubres , cavillatoriè fuit responsum . postulat autem a vobis auxilium pecuniare , ad jura sua , quae etiam vos contingunt , adquirenda in partibus transmarinis . haec autem cum audissent magnates , luce clarius perpenderunt , haec à consilio tunc suo emanasse , videlicet eorum quorum si universitatis barnagium exaudiretur , dominium enervatum penitus exufflaretur , veruntamen videntes sibi versutè responderi & opponi , responderunt omnes quasi uno spiritu praecisè , nullo modo se amplius inutiliter velle depauperare , ut de bonis eorum alieni superbirent , & inimici tàm regis quàm regni roborarentur , sicut nuper evenit in pictavia , similiter in gasconia , quo ipse praecipitanter & indiscrete , & contra eorum consilium & voluntatem properavit , unde adversi casus sibi evenerunt . et benè credimus , quia hoc apparet ex regis aviditate & egestate , quod clanculo captus fuit , & tacito facto fine , interpositis fide & juramentis & chartis cautè dimissus , & sic honore , thesauro & terris privatus , dimissus est , & inglorius cum omni opprobrio abire permissus . soluto igitur cum omni indignatione concilio , unusquisque spe fraudatus à parliamento frustra diu expectata , nihil nisi sannas cum frivolis , amissis laboribus cum expensis , ut solent saepius , reportarunt . quod cùm vidisset dominus rex , in iram conversus vehementem , consiliariis suis dixit : ecce per vos aversa sunt corda magnatum meorum à me . ecce , amissurus sum gasconiam , pictavia spoliatus ▪ & thesauro destitutus , quid faciam ? inito igitur consilio pusillanimi , sine providentia provisum est , ut vasa , & utensilia , & jocalia thesauri sui regij pro pondere venderentur , non habito respectu ad aurum , quo fulgebant argentea , vel ad opus artificiosum & laboriosum , & licet materiam superaret opus , ut saltem sic denarij adquirerentur . addentes insuper consiliarij regij probrosam consolationem , regem demulcendo , insibilabant eidem : sicut omnia flumina in mare refluunt , sic omnia quae nunc venduntur , ad vos profecto donis relativis qandoque revertentur , idcirco non moveatur dominus noster rex . et post venditionem inquisivit rex , ubinam venderentur , & quibus , utensilia memorata ? et responsum est : londini . et rex : scio , scio , quod si thesaurus octaviani venalis esset , civitas londinum illum totaliter absorberet emendo , abundant enim illi rustici londinenses , qui se barones appellant , usque ad nauseam : urbs illa puteus est inexhaustus . et statim concepit in animo suo , nacta tam levi occasione , ipsos cives bonis suis spoliare , prout subsequens eventus expressus comprobavit , & sermo continuatus plenius declarabit . rex sustinens enim , ut praedictum est , justam ab universitate magnatum angliae repulsum , ne amplius bona sua in regni confusionem effunderent , studuit subtiliter per alia argumenta , avaritiae suae situlam inebritare . statim igitur post memoratae gaudia solennitatis , inito studuit consilio cives londinensis gravare , hoc modo . suspendit exercitium mercaturae civitatis ut praetactum est , per quindenam , novis nundinis apud westmonasterium in multorum damnum & praejudicium constitutis , & protinus post hoc petiit , missus per satellites suos literis suis , argumentosas & imperiosas prece continentibus , ut ipsum juvarent efficaciter auxiilo pecuniari . quo audito , cives praecordialiter ingemuerunt , dicentes : heu nobis heu , ubi est londinensis toties empta , toties concessa , toties scripta , toties jurata libertas . quolibet enim ferè anno , quasi viles ultimae servi conditionis , per varias tallias depauperamur & causis vulpinis injuriosè exagitamur . nec sciri potest , in quam voraginem , bona , quibus spoliamur absorbentur submersa . quid plura ? licet inaestimabilia exigerentur , tandem cives , non sine cruenta cordium amaritudine , ad contributionem duorum millium librarum , in brevi termino domino regi conferendorum , licet inviti , descenderunt . gravamen insuper solitum adhuc sine aliquo moderamine saeviebat . omnia enim venalia , si non , quasi furtiva , absconderentur , praecipuè in esculentis & poculentis , ad opus regis rapiebantur : nec tamen hospitium ejus dapsilitatis alicujus inde suscepit incrementum . imò potius diatim , exulante verecundia , reprehensibili nimis arctabatur parcitate , & jam eliminata antiqua domini regis angliae dapsilitate , jam romanae mensae consuetudo subintrans , regiae serenitatis famam & honorem non mediocriter denigravit . eodemque tempore , dominus rex ad jam solitas cavillationes romanas recurrens , cum non posset omnes congregatos regni nobiles , ad consensum flectere , singulos ad se vocans , vel unicuique scribens ▪ affatus est eos , impudenter supplicando , dicens ▪ pauper sum omni destitutus thesauro . necesse habeo , ut quilibet vestrum juvet me efficaciter : obligor enim per chartam meam debito trigint a millium marcarum . nec tamen aliquid exigo ; nisi per gratiam . qui mihi gratiam facturus est , reddam ei nacta temporis opportunitate talionem . et qui mihi gratiam denegaverit , & ei gratiam denegabo . et protendens causam fictam , quasi esset moturus bellum contra regem francorum , reposcendo in manu forti jura sua treugis jam expirantibus , nihil exinde à circumspectis nisi derisum & sibilum suscitavit . nuper enim prohibitum fuit ei , ex parte domini papae , per magistrum albertum , ne aliquam terram a domino francorum rege , quocunque titulo possessam , quomodolibet infestaret qui in terra sancta deo et universali ecclesiae cruce signatus militavit . ( which papal prohibition being contrary to the rights and prerogatives of his crown , the king held null and unobligatory , only the nobles & prelates aversness to aide him with monies , then inforced him to connive at . ) et si non prohibuisset bene creditur , quod minime sufficeret ei militaris peritia , vel fortitudo , vel etiam undecunque extortus thesaurus , ad privandum regem francorum aliqua saltem possessiuncula . non enim penitus vacuata creditur francia thesauro vel militia . sed ut dicti magistri nuntium omnes lateret , non permisit rex illud aliquatenus publicari . dictum est etiam , quòd potestatem receperat idem magister a. terram angliae , si rebellis esset re● , mandato papali interdicendi : sed haec omnia , quasi magno mysterio celata , tegebantur , ut ignaros rex cautè circumveniret . et dum sic patulo hiatu , rex adquisitioni pecuniari avidius inhiaret , contigit , ut iter faciens versus huntendonam , circa festum sancti hilarii , misit pro abbate ramescie . quem secretius alloquens , ait : amice , obnoxius supplico , quatenus juves me , mihi centum libras conferendo , vel saltem commodando . egeo enim , & necesse habeo ipsas habere sine morae dispendio . et cum non posset abbas honestè aliter respondere , ait : dator aliquando fui ; unquam , tamen vobis accommodator fui , vel ero . et statim tantam pecuniam cum gravibus usuris à caursinis mutuo accepit , ut eidem regulo mendicanti sic satisfaceret . eodemque tempore consimilibus precibus dominus rex abbatem de burgo pulsavit , juvamen pecuniare postulando , asserens , majorem eleemosynam fore sibi juvamen conferre pecuniare , quam alicui ostiatim mendicanti . abbas autem , cùm se excusando non se precibus suis inclinavit , convitiis lacessitus , â domo regis clanculo exivit . ab abbate vero sancti albani , simili sermocinatione sexaginta marcas eodem tempore extorsit , licet eodem anno , & similiter proximo praeterito , non minimam sophisticè emunxisset . videns igitur dominus rex , nullum nec posse nec velle contradicere , spem certam concepit , quod nullus ei re fi steret abbatum vel priorem . et cum ei repagula contradictionis opponerent magnates praelatis qui in arcum pravum conversi sunt , sed inviti , scripsit in hunc modum . henricus dei gratia , &c. universis abbatibus & prioribus constitutis in comitatu essexiae & hertfordiae , salutem . si regiae majestatis dignatio , pro juribus regni tuendis devotorum ac fidelium suorum amicitiam experiri voluerit , vel si ipsi suum principem , sub cujus alis protecti respirant , obsequio corporali , & munerum oblatione frequenter honorent , temporibus congruis , non est mirum . cum igitur jam deficientibus treugis inter dominum regem francorum , & nos , pro recuperatione & defensine jurium nostrorum tam in cismarinis , quam transmarinis , partibus , ad quas nuper misimus comitivam , oporteat nos magnos sumptus , & ob causas diversas , liberalitatis manum pluribus aperire ; dilectum & fidelem nostrum simonem passeleve , una cum singulis viceco mitibus dictorum comitatuum ad vos transmittimus , rogantes attentè , quatenus ipsosin negotio nostro , quod vobis exponent , imo● nos in eis favorabiliter audientes , ad alleviationem sumptuum praedictorum nos depecunia vestra tum abundanter juvetis , quod id vobis debeamus retributione compensare . the king upon these letters , received very little pecuniary assistance from the abbots , or prelates , & that with great reluctancy ; to avoid which the bishop of durham procured a licence from the pope to resign his bishoprick , yet to retain three mannors belonging to it during his life , and the rest to be held by provisors . purificatione beatae mariae imminente , episcopus dunelmensis , nicholaus , sentiens se annosum , valetudinarium , & infirmum , malens relinquere divitias , quam à divitiis derelinqui , episcopatum suum dunelmensem , obtenta tali a domino pa. pa licentia , resignavit , & datis ad hoc provisoribus archiepiscopo eboracenfi , & londinensi , & wigorniensi episcopis , assignata sunt ei tria maneria , videlicet de hovedia cum pertinentiis , stocton , & essingtuna . recedens igitur à dunelmo , accepta ibidem à fratribus licentia , ad alterutrum dictorum maneriorum mansurus perrexit , ut in pace ibidem sine querelarum vel causarum strepitu , exutus à sollicitudinibus mundanis , sibi jam expectanti donec ejus veniret immutatio , liberius vacaret orationi , & contemplationi penitus intendendo . super hoc dominus rex certificatus , omnia residua non segniter haud invitus in suam caepit custodiam & potestatem , ut ibidem uberrimos pecuniarum fruaus semper tamen jejunus & avidus deglutiret . ad quae sibi amplexanda & congerenda illico misit uunm de clericis suis , thomam videlicet de newerca . hereupon the king was enforced to strain his prerogative further then usual to raise monyes . rex interea vigil , & indefessus lucri speculator & perscrutator timore dei , secus quàm deceret , postposito , convenuti dunelmensi , ad quem jus electionis pertinere dignoscitur , preces precibus transmittit accumulatas , per nuncios ad circumveniendum etiam prudentes & circumspectos satis eruditos , consulens , implorans et minis interpositis praecipiens ; ut frater ejus uterinus aethelmarus , ab ipso conventu unanimiter & favorabiliter in episcopum dunelmensem , & suarum pastorem animarum eligatur , & ut hoc foeliciter fieret , secundùm illud poëticum , imperium , promissa , preces , confudit in unum . cui conventus humiliter respondit ; domine rex , regum christianissime , memento si placet , juramenti quod jurasti coronandus , primi videlicet & praecipuè , permitte sanctam ecclesiam sua saltem aliquando gaudere libertate ut secundum dominum nobis patrem & pastorem animarum nostrarum idoneum eligamus . nosti , & novit mundus , quod & scientia & aetate insufficiens est frater vester memoratus , ut tam arduo officio colla supponat spirituali . cui rex respondisse perhibetur , et ego potens sum , et bene mihi complacet , ut ipsum episcopatum in manu mea teneam octo vel novem annis vel amplius , ut saltem tunc maturus aetate , vobis acceptetur . which he might do by his prerogative , to supply his pressing necessities . but he was not so good as his word ; for the next year walter de kirkham , by his royal licence and assent , was elected and consecrated bishop of this see. the king by reason of his royal prerogative during the vacancy of the see of canterbury , presented william de plessetis to the church of eneford then void , belonging to that see , who after his institution was opposed by robert de gloucester , claiming a right thereunto by the popes provision , and commenced a suit thereupon ; which the pope willing to determine , brought the examination of the cause before himself , and after many altercations , gave a definitive sentence for his own provisor , against the kings clerk , without considering the kings right , commanding the bishops of london and lincoln to put him into corporal possession thereof , to the manifest prejudice of the kings crown , right , and dignity ; whereupon the king issued this memorable prohibition to the bishops , setting forth the antient right , prerogative of his crown , the destructivenesse of this provision and proceedings of the pope thereunto , and his duty to obviate the same ; commanding them according to their oath of allegiance to defend the rights of his crown , and not to proceed or attempt any thing therein to its prejudice , under pain of seising their baronies , as this memorable record attests . rex episcopis london . & lincoln . salutem . olim archiepisc . cantuar. vacante & nobis custodiam ipsius habentibus , willielmum de plessetis dilectum clericum ratione vacationis ejusdem ad ecclesiam de eneford tunc vacantem , duximus praesentandum . cui instituto ad nostram praesentationem in illa magister robertus de glouc. se ●ppenens , asseruit , sibi per abbatem de boxleya auctoritate literarum domini papae eodem tempore fuisse provisum in eadem ecclesia : ( the popes new provision being preferred before the kings old royal jurisdiction . ) super quo inter ipsos postmodum lis est orta , quam dominus papa terminare volens , causam ipsam ad suum revocavit examen . in qua contra eandem willielmum post multas altercationes habitas , quarum seriem praesentibus longum foret inserere , diffinitivam tulit sententiam , iure nostro in judicium non deducto : mandans vobis , ut amoto quolibet detentore , praefatum magistrum in ipsius ecclesiae possessionem corporalem mittatis , ut dicitur , non sine nostrae dignitatis praejudicio manifesto . cum enim ex approbata consuetudine et antiqua , debeamus ad hujusmodi ecclesias vacantibus sedibus praesentare , patenter advertitur , quod si praemissa sententia speratum sortiretur effectum , contingeret eundem clericum nostrum ecclesia memorata destitui , et ius nostrum quod in ipsa praesentatione habuimus , et in consimilibus praesentationibus habere debemus , per consequens enervari , sic que proculdubio nostrae ●aederetur coronae dignitas , et nostra gravis ac enormis exhaeredatio sequeretur . verum discriminis tanti periculo volentes occurrere , sollempnem nuncium cum literis nostris ad apostolicam sedem transmisimus , quibus domino papae factum et ius nostrum in praemisso negotio referamus . quapropter vobis , quorum est iura nostra tueri , prohibemus districte in virtute iuramenti fidelitatis , quo nobis estis astricti , firmiter injungentes , ne super ecclesia praefata aliquid attemptetis vel exequamini contra nos , aut nostrum clericum supradictum : scituri quod si secus egeritis , contra vos super baroniis vestris , juxta quod decet majestatem regiam , procedamus . the canons of york being by the popes authority questioned in the spiritual court by the abbot of st. genovefe and his covents , for the sale of the mannor of brumford within the realm , when as spiritual courts ought not to hold plea of any lands or chattels , but only of matrimony , testament , and tythes ; the king thereupon issued this prohibition and supersedeas to them . rex abbati sanctae genovefae , & conventibus suis , salutem . cum cognitio omnium causarum tangentium fundum aliquem , sive res aliquas in regno nostro , exceptis causis matrimonialibus , et testamentariis , seu decimarum , ad dignitatem et coronam nostram spectant : ita quod de eis alibi quam in foro nostro cognosci non debeat , nec consueverit temporibus praedecessorum nostrorum aut nostro ; vos rogamus , quatenus causae motae coram vobis auctoritate apostolica inter quosdam canonicos eboracensis ecclesiae super venditione manerii de brumford , siti in regno praedicto , supersedeatis omnino . alioquin magistro nicholao archidiacono elyensi et henrico de helegeya , vel eorum alteri quem praesentem esse contigerit , damus potestatem appellandi apostolicam sedem pro nobis in causa praefata . teste rege apud geytinton sexto die augusti . king henry the d. having conquered * wales , subdued the welshmen , and brought them under the lawes of england , notwithstanding they had put themselves under the popes protection rendring him an annual tribute , to defend them against the english ; the welsh bishops , siding with their countrymen against the king , had their bishopricks , churches so spoyled and destroyed , that they were enforced to beg their bread , and live upon the alms of others , the archbishop of st. davids dying for grief : whereupon a new bishop was elected by the kings license , to whose election he gave his royal assent : exercising the same regal prerogative in the election and confirmation of all bishops in wales from thenceforth , as he did in england , thus registred to posterity . arctabatur wallia eisdem diebus , cessante eorum cultura , commercio , & pecudum custodia pastorali , & caeperunt consumi inedia , anglorum & invitilegibus incurvati . emarcuit antiqua eorum superba nobilitas , & etiam virorum ecclesiasticorum cithara , conversa & in luctum & lamenta . obiit ergo quasi prae dolore contabescens , episcopus menevensis , id est sancti david . episcopus vero de landaff willielmus , caecitate percutitur . episcopus de sancto asaph , & episcopus de bangor ; destructis episcopatibus caede ac incendio , mendicare , ut de alieno viverent , cogebantur . eodem tempore venit ad sanctam albanam episcopus de bangor richardus , ut eidem depauperato sinus pateret misericordiae , & ibidem cum domino abbate , donec episcopatus ejus , qui per bellum destructus erat , aliquantulum restauraretur , habitaret , & ipse cum clericis suis à pressuris quae circumdederant eos , respiraret . * vacante igitur sede menevensi , post innumeras walliae tribulationes per bellum & principum eorum mortem , electus est in eundem episcopatum magister thomas , cognomento wallensis , eo quod in wallia fuerat oriundus , lincolniensis ecclesiae archidiaconus ; cui electioni , licet episcopatus pauperrimus extitisset , consensit , tum propter episcpum lincolniensem , qui canonicos suos superaverat , tum propter hoc , quod in natali patria ad curam vocabatur , & ad dulcedinem originis suae quilibet naturaliter attrabitur , tum ut miseros compatriotas suos ; sua praesentia , consilio et auxilio consolaretur . cui etiam electioni dominus rex gratanter consensit , et electum acceptavit , non multum constituens super hoc difficultatis , cum exilis fuerit episcopatus . king henry the d. having thus presented to the bishoprick of st. davids , ( as you heard before ) the dean and chapter of st. asaph having obtained a license from the king to elect a new bishop , by their letters patents made this observable protestation and acknowledgement of the kings antient right to grant a conge deslier or license upon their request , to elect a bishop for their see upon every avoidance , before any election could be made , and to assent to the person elected after his election . universis christi fidelibus ad quos praesens scriptum pervenerit ; decanus & capitulum de sancto asaph , salutem in domino . consuetudini antiquae et dignitati quas dominus henricus illustris rex angliae , et progenitores sui habuerunt in ecclesia anglicana , de petenda licentia eligendi vacantibus episcopatuum sedibus , et de requirendo assensu regio post factam electionem , obviare nolentes , protestamur et recognoscimus nos quociens ecclesia nostra pastore vacaverit , ab illustri domino rege angliae et haeredibus suis debere reverenter petere licentiam eligendi , et post electionem factam assensum eorum requirere . et ne super hoc futuris temporibus dubitetur , praesenti scripto sigilla nostra fecimus apponi . act. apud sanctum asaph . in crastino exaltationis sanctae crucis . the bishop elect of st. asaph and his chapter about the same time made the like protestation and recognition under their seals , thus entred in the claufe rolls . omnibus christi fidelibus ad quos , &c. e. dei gratiâ electus de s. asaph , & ejusdem loci capitulum , salutem in domino . consuetudini antiquae et dignitati quas illustris rex habet , et progenitores sui habuerunt in ecclesia anglicana , de petenda licentia eligendi vacantibus episcopatuum sedibus , et de requirendo assensu regio post factam electionem , obviare nolentes , protestamur et recognoscimus , quociens ecclesia nostra pastore vacaverit , ab illustri domino rege angliae et haeredibus suis debere reverenter petere licentiam eligendi , et post electionem factam assensum eorum requirere . et ne super hoc futuris temporibus dubitetur , praesenti scripto sigilla nostra fecimus apponi . act. &c. the king having obtained the confirmation of an immunity from pope innocent , which he formerly enjoyed by his own royal prerogative , exempting all his free-chappels , oratories , and canons in them from all episcopal and ecclesiastical jurisdiction , censures and impositions , enjoyned all archbishops and bishops through england perpetually to observe the same without violation , by this writ . rex venerabilibus patribus archiepiscopis & episcopis per regnum angliae constitutis , salutem . sciatis nos habere literas apostolicas in haec verba . * innocentius episcopus , &c. charissimo in christo filio regi angliae illustri , salutem & apostolicam benedictionem . tanto libentius celsitudinis tuae precibus benignum impartimur assensum , quanto inter reges et principes christianos , te specialius in domino reputamus dilectum filium et devotum . this itaque supplicationibus inclinati , districtius inhibemus , ne aliquis ordinarius , aut etiam delegatus , vel subdelegatus in capellas regias et oratoria eorundem , ecclesiae romanae immediate subjecta , seu canonicos vel servitores eorundem , contra tenorem privilegiorum et indulgentiarum apostolicae sedis , excommunicationis vel interdicti sententiam audeat promulgare , seu aliquod ipsis onus imponere , quod aliis exemptis ecclesiis consuevit imponi , absque mandato sedis apostolicae speciali , quod expressum faciat de inhibitione hujusmodi mentionem . nulli ergo hominum liceat hanc paginam nostrae inhibitionis infringere , vel ei ausu temerario contraire ; si quis autem hoc attemptare praesumpserit indignationem omnipotentis dei , et beatorum apostolorum petri et pauli se noverit incursurum . dat. lugduni , . calend. augusti , pontificatus nostri anno secundo . volentes igitur privilegium praedictum perpetuam firmitatem habere , vos rogamus et hortamur attente , quatenus illud inviolabiliter observetis , et faciatis vestris subditis observari . et ne aliquis attemptet aliquid contra illud , sedem apostolicam appellamus . teste rege apud northt . . die augusti , anno regni nostri . the king in pursuance of this priviledge , issued this writ of prohibition , concerning his free-chappel of pencrich . rex thomae de wymundeham , salutem . prohibemus tibi , ne de caetero intres infra limites liberae capellae nostrae de pencrich , exercendo ibidem aliquam jurisdictionem , contra libertates et consuetudines temporibus nostris , et praedecessorum nostrorum usitatas super exemptione liberarum capellarum nostrarum quas habemus in anglia . teste rege apud clarendon , nono die junii . the king as patron of the bishoprick of durham , and supreme governour of the church of england , declared , that the successor bishop who resigned his bishoprick , ought not to pay the debts of his predecessors , and thereupon prohibited any distresse to be made upon him by this writ . qvia nicholaus quondam dunelmensis episcopus qui cessit episcopatui suo non tenetur solvere debita praedecessorum suorum quondam dunelmensis ecclesiae episcoporum , mandatum & vicecom . eborum , quod nullam districtionem super ipsum episcopum faciat pro aliquibus debitis praedecessorum suorum , sed districtionem si quam propter hoc fecerit penitus remittat , et averia sua ea occasione capta deliberari faciat . teste , &c. he likewise issued two * forecited writs to the sheriff of lincoln , to summon the bishop of lincoln to appear before him ; ubicunque tunc fuerimus in anglia , ostensurus , quare fecit summoneri , et per censuram ecclesiasticam distringi laicos homines et laicas foeminas ad comparendum coram eo , et ad praestandum juramentum pro voluntate sua , ipsis invitis , in grave praejudicium coronae , et regiae dignitatis nostrae , necnon et magnam laesionem , et contra consuetudinem regni nostri , &c. teste rege apud westm. secundo die maii. sub eodem quoque annali curriculo , ( . ) obiit magister simon de langetuna , frater stephani cantuariensis archiepiscopi , ejusdim ecclesiae archidiaconus ; qui fratrissare negligens , si ecclesiae suae persecutor et perturbator extitisset non est mirandum : quinimo regna francorum et anglorum , et eorundem regnorum corda et status , ex multiplici bello non mediocriter movit , commovit et damnose perturbavit , sicut suo loco plenius enodatur : being the popes great instrument . it is the observation of matthew paris anno . that when cardinal remerius at the popes instigation , had published an infamous satyrical elegant letter against the emperor frederick , whereby his fame was not a little blasted in divers parts of the world , * ut jam pejor herode , & juda , vel nerone censeretur : talis enim epistolae foetor exitialis ex factis suis exhalans , fidelium audientium aures & corda , non sine stupore & gemitu , quam plurimum exasperavit . haec igitur pagina auditu horribilis , cum ad multos pervenisset , medullas auditorum penetrando centra fredericum erexisset , nisi papales ejusdem frederici abversarios , avaritiae , symoniae , et usurae , aliorumque vitiorum maculae coinquinassent . qui inter caetera deliramenta , cruce signatos impudenter exagitant , nunc sub poena excommunicationis ad terram sanctam , nunc ad imperium romaniae , nunc innuendo ut super fredericum insurgant et transmittantur , elaborant . et quod detestabilius judicatur , praedicatores et minores facientes suos telonarios , viatica cruce signatorum quovis extorquent argumento . unde etsi ignominiosa ipse tyrannus fredericus operetur , adhuc tamen infinitos manifestos et quamplures occultos , in odium romanorum , proh dolor , invenit fautores , et in facinoribus adjutores . he subjoyns soon after , * eisdemque temporibus , fratres praedicatores & minores , de praecepto domini papae , cui obedienter obtemperavant , instanter nimis ac diligenter praedicationibus intendebant : & ad augendam fidelium devotionem , cum magna solennitate ad , loca , ubi praedicatio eorum priùs indicebatur , accedebant & advenientibus , multos dies indulgentiae concedebant . occurrebant namque eis sacerdotes & clerici in vestibus albis , cum crucibus & vexillis , trahentes secum fidelis populi non minimam numerositatem , sicut solet diebus rogationum . praedicantes igitur pro negocio crucis , homines cujuscunque aetatis , sexus , vel conditionis , vel valoris , imo etiam valetudinarios vel valetudinarias , et aegrotantes et senio deficientes cruce signaverunt : et in crastino et etiam incontinenti pro quantocunque precio crucem a cruce signatis deponentes et reaccipientes , quemlibet a voto suae peregrinationis absolvebant . quod videbatur multis inconveniens et absurdum , quia non post multos dies consequentes , magistro berardo clerico et italico vindemiante , comes richardus in aerario suo omnia coacervavit . unde non minimum scandalum in ecclesia dei et universo populo est exortum , et tepuit fidelium devotio manifeste . whence * matthew westminster justly stiles this year , aunus romanae curiae infamis . tunc quoque temporis , rediit a curia romana episcopus norwicensis walterus , qui , ut dicebatur , privilegium adquisierat infame , de pecunia ex episcopatu suo extorquenda : to make up the monies he had spent in bulls and gifts at rome . anno quoque sub eodem , circa paschalem solennitatem , archiepiscopus rothomagensis , quidam videlicet frater de ordine minorum , origine francus , venit in angliam , ut quosdam redditus adjus ecclesiae suae pertinentes , impetrata regis gratia , revocaret . quod cum prudenter impetraverat , facto regi homagio de ipsis redditibus ( as his predecessor did ) erant enim in anglia , remeavit . the same year there happening a discord between the abbot of burg and his covent , about dilapidations , and for enriching his poor kinred with the goods and revenues of the church , in enorme ecclesiae suae damnum , and not reforming upon complaint , he was at last constrained , to prevent a deprivation , to resign his abby into the bishop of lincolns hands , who assigned him one mannor for his more honourable maintenance , though he did not deserve it . * regales autem illuc statim à domino rege missi , emolumentis inhiantes , redditibus abbatiae avidè inhiantes , rapinis & exterminio domus illius intenderunt . irascibatur quoque rex vehementer , volens occasionem habere contra domum ipsam , quia dictum fuit ei , quod quia domino regi favorabilis et munificus fuerat , persequebantur ipsum abbatem suum monachi , et accusaverant . conventus igitur , ut domini regis confiscantis omnia , declinarent indignationem , johannem de cadamo , priorem ecclesiae sancti swithini , wintoniensem , ipso rege sic volente et imperante , licet de domo alia , & natione alienum , videlicet normannum , sibi in abbatem vellent nollent , elegerunt . this year robertus passeleve , curiae volumina detestans , ad frugem melioris vitae convolavit , & ad gradum promotus est sacerdotii . propter quod dominus episcopus eliensis , ipsi roberto bonam ecclesiam de deham , quae fuerat jeremiae domini regis clerici nuper defuncti , contulit ; sperans ipsum sanctum forè post diutinam vitam sterilem , sacerdotem . sed dominus rex ipsum episcopum conferentem , & ipsum robertum recipientem , ●dio maximo persequebatur , quia episcopus memoratus illam ecclesiam ethelmaro fratri domini regis non contulerat . anno . many of the english nobility , bishops , gentry and commonalty crossed themselves for the relief of the holy land , some of them selling their lands to defray their expenses in that expedition : * innumerabiles quoque nolentes in propatulo signum crucis vel accipere vel in humeris portare , secreto voverunt & proposuerunt firmiter terram sanctam devotè ac potenter adire , muscipulas romanae curiae formidantes . the king himself soon after sending for all the citizens of london , remitted all his anger and rancor towards them , and humbly craved pardon from them for all the injuries , oppressions , and unjust seisures of their goods formerly made . * eodemque die dominus rex crucem suscepit de manu archiepiscopi cantuariensis bonifacii . et p-steà ipse archiepiscopus cruce signavit alios nobiles , whose names you may read in matthew paris : who subjoyns , sinistri verò interpretatores asserere praesumpserunt , quod non propter aliud suscepit dominus rex crucem , nisi ut tali occasione violenter a suis nobilibus , qui prius ei contradirerant id petenti , pecuniam extorqueret sub obtentu terra sancta conquirendae , ( as popes then usually did ) et crucis negotii promovendi : veruntamen discreti & plus ration is habentes , haec ad judicium & probationem actnum subsequentium reservabant . hujus autem dnbitationis seminarium , praestitit regis frarcorum exemplum pernitiosum , qui infinitam ( pecuniam ) minimè tamen deo vindice profecturam à regno suo maximè abraserat , ut suam promoveret peregrinationem . sed quales inde fructus collegerit , sequens sermo declarabit . in the mean time the english nobility ( who had most of them taken up the crosse before king henry ) meeting at london , determined to begin their voyage before the king ; * dominus autem rex , qui sedulus explorator haec praecognoverat , a romana curia literas ad votum , data et plus promissa pecunia , festinanter impetravit , quarum autoritate iter eorum suspenderet , donec ipse tanquam dux capitalis , in propria persona terram potenter adiret ultramarinam , ut sic decentius & securius progrederetur ; & sic hic & inde crucis languit negotium infoeliciter , heu , heu , mutilatum . soon after , celebri luce beati augustini , cum omnes angliae magnates cruce signati , fixum habentes propusitum ad festum sancti johannis , iter arripere hierosolymitanum , & terras suas vendiderant , vel impignoraverant , vel in laqueis judaeorum vel caursinorum se involverant , vale dicto amic is prompti fuerant & parati . et ecce dominus rex , qui sicut p●er●lus laesus vel offensus ad matrem querulus solet recurrere , ad papam miserat festinanter supplicans , ut hoc iter impediret , significans ei , quod quidam regni sui praeclari magnates crucesignati , ipso invito et prohibente iter arripere hierosolymitanum firmiter proposuerant , nec ipsum regem dominum suum crucesignatum , et idem iter arripere proponentem , expectare dignabantur . qui etiam regem francorum capitalem inimicum suum qui eis , ut dicebant , praevius iter & introitum praparaverat in terram orientalem , potius quàm eum sequi maluerunt . unde papa per literas suas , sicut et ipse rex per verba imperiosa , districte sub poena excommunicationis inhibuit , ne quis eorum contra regis voluntatem , qualecunque periculum rex francorum subiret aut discrimen , transfretaret . insuper dominus rex in continenti , misit ad castellanos doverae , & ad aliorum portuum custodes , ne aliquem magnatem cruce signatum , permitterent transfretare . allegatum tamen fuit contra hoc , quod scilicet rex indiscretè fecerat , quia si tot & tales faciem suam praeirent ( fuerant pugnatores equites circiter quingenti , excepta eorum sequela innumerabili ) diceret totius christianitatis universitas obstupescens : o quantus rex est , & quàm formidabilis , qui tales praemittit ? o quot credendi sunt ipsum concomitari ? & sic totus contremiscet paganismus . sed ut quid talis deceptatio ? hoc enim peregrinationis benè contigit , licet praeter prohibentium impedimentum : by reason of the french kings overthrow . interim tamen non cessavit dominus rex , undecunque petuniam abradere , ( by pretext of this croysado ) principaliter à judaeis , ( he extorting from aaron alone , a jew born at york , no lesse then thirty thousand marks of silver , and two hundred marks of gold , besides what he wrested from other jews upon sundry pretexts ) secundario autem à suis hominibus christianis & naturalibus , amounting to vast sums of money . temporibus quoque sub eisdem , bernardus de nympha clericus , papalibus armatus munimentis , a cruce signatis ad opus comitis richardi , sub inhonesta nimis forma magnam pecuniam collegit , ut potius rapina , quam justitia videretur . forma autem hujus rapinae informis , ne multorum aures cum cordibus offendat , in libro additamentorum plenius exaratur . literae generales directae per singulos episcopatus , super collectione decimarum , & redemptione votorum , & crucesignatorum , & aliorum , comiti richardo concessorum . r. divina gratia lincoln . episcopus , dilectis in christo filiis omnibus archidiaconis per lincolniensem diocaesin constitutis , salutem , gratiam & benedictionem . literas domini j. sarraceni subdiaconi & capellani domini papae , decani wellensis , & bernardi de nympha , scriptoris ejusdem domini , recepimus in haec verba . reverendo in christò patri ac domino r. dei gratia lincoln . episcopo , & discreto viro officiali suo j. sarracenus , subdiaconus & capellanus domino papae , decano wellensi , & bernardus de nympha scriptor ejusdem domini , cum sincera dilectione salutem . noveritis nos post diversa mandata sedis apostolicae quae ad nos & alios praelatos regni angliae hactenus emanarunt , super redemptione dotorum , & aliis in eodem regno ; nobili viro domino r. comiti cornubiae à praefata sede concessis , quorum copiam & tenorem sub sigillis nostris , nobis jam ab olim transmissum , penes vos esse novimus : suscepisse nuper mandatum apostolicum , sub hac forma . innocentius episcopus servus servorum dei , dilectis filiis j. sarraceno subdiacono & capellano , decano wellensi , & magistro bernardo de nympha scriptori , nostris in anglia commorantibus , salutem & apostolicam benedictionem . ex parte dilecti filii nobilis viri r. comitis cornubiae , fuit propositum coram nobis , quod cum post diversa mandata , quae tàm à nobis quàm à felicis recordationis g. papa praedecessore nostro , super redemptione votorum , in regno angliae comiti praefato ab apostolica sede concessa , ad ejusdem regni praelatos emanasse dicuntur . tibi fili decane , ministro ordinis sanctae trinitatis , & captivorum in regno praedicto , & archidiacono berksire , duxerimus per literas nostras injungendum : ut juxta priorum literarum formam in negotio ipso procedere curaretis , agente tandem eodem archidiacono extra regnum , & se in totum ab hujusmodi negotio excusante , ac ministro tibi fili b. committente super hoc totaliter vices suas , illud remandamus ; quatenus sine morae dispendio in eodem negotio procedatis , super priorum continentiam literarum . dat. lugduni tertio idus octobris , pontificatus nostri anno quarto . cum igitur si filii obedientiae , prout debemus , inveniri volumus ; parendi nobis incumbat necessitas , & refragandi audacia prohibeatur ; maximè cum praeter id quod praefatae sedi tenemur ad obedientiam specialem , tàm mandatum regium , quàm assidua postulatio praedicti domini comitis , ad consummationem & accelerationem praedicti negotii nos coarctent . attendentes insuper , quod per ordinarios locorum potest consultiùs & salubriùs , absque scandalo & strepitu circa praemissa cum optata celeritate procedi ; eos nos providimus de prudentum consilio , & juxta ejusdem comitis affectum , in partem hujusmodi oneris & solicitudinis evocare : ut per opem & adjectionem consilii plurium , quae super praemissis agenda sunt , sic ritè ac prudenter deo auctore procedant , quod apud summum pontificem inobedientia nobis non noceat , nec apud praefatum dominum comitem , neglectus accusetur . quare discretioni vestrae cum reverentia vestra in virtute obedientiae , qua injungitur nobis , injungimus , & sub poena interdicti qua fungimur in hac parte , auctoritate districtè praecipimus ; quatenus citetis peremptoriè omnes archidiaconos & officiales eorum , civitatis & diocaeseos linc. necnon archidiaconos monasteriorum exemptorum & non exemptorum ejusdem civitatis & diocaeseos , quod personaliter compareant coram nobis in ecclesia sancti martini magni lond. die lunae , proxima post assumptionem beatae mariae nuper venturam : facturi circa praemissorum executionem , quod per ejusdem regni praelatos ordinatum est & provisum . pro certo scientes , quod quantumcunque vobis & vestris deferre velimus , contra rebelles tamen & resistentes , quantum de jure licuerit & poterimus , procedemus ; vos autem tàm de citatione facta , quàm de nominibus citatorum , nos per latorem praesentium literis vestris patentibus certificare curetis : provisuri , ut alter vestrum cui fuerit hoc primò mandatum oblatum , illud , non expectato reliquo , sine dilatione qualibet exequatur . dat. anno gratiae . nonas junii . quapropter vobis mandamus in virtute obedientiae , & sub poena praedicta , vobis injuncta firmiter injungentes ; quatenus omnes & singuli una cum officialibus vestris dictis , die & loco compareatis juxta praedictum mandatum ; quod jus dictaverit , facturi : sicut poenam praedictam volueritis evitare . quibus autem die & loco has literas receperitis , nobis per literas vestras patentes significetis . item , deputentur per vos in singulis parochiis archidiaconatuum vestrorum , aliqui fide digni cruce signati , una cum sacerdote , qui conscribant nomina cruce signatorum decedentium ; qui jam decesserunt , vel qui in futurum decedent : & quantum promisering vel legaverint in subsidium terrae sanctae , & qui fuerint executores . et denuncietur executoribus , quod habeant praemissas pecunias paratas cum fuerint requisiti : & scripturae singularum parochiarum deferantur in capitulis decanorum per rectores vel sacerdotes , cum testimonio aliquorum vel alicujus cruce signati ; & decanus cum testimonio aliquorum ad hoc deputandorum , redigat omnes scripturas in unam scripturam : & apponat sigillum suum , cum sigillis sociorum suorum : & dictam scripturam deferat ad domum fratrum pradicatorum vel minorum , qui ibidem praedicaverint . et statim fiat collecta hujusmodi pecuniae , per visum illius qui praedicaverit , vel ejus quem praedicator ipse ad hoc vocare poterit in locis singulis : & deponatur in aede sacra sub sigillo illius qui praedicaverit , & collectorum : restituenda nobis & domino wigorniensi episcopo , vel nostris assignatis , cum eam duxerimus exigendam . de bonis vero cruce signatorum qui decedunt sine testamento , quantum ad portionem eos contingentem , ordinetur per amicos defunctorum & fratres deputatos ibidem ad praedicandum ; ut deputetur in subsidium terrae sanctae , quantum poterit sine scandalo ; ut plenam habeant indulgentiam . item , omnes infirmi & decedentes moneantur per capellanos & alios qui confectioni testamenti eorum interfuerint , ut crucem assumant si nondum assumpserint ; & tàm isti quàm illi qui crucem ante assumpserunt , nominent quantum velint dare ad subsidium terrae sanctae ; & dicatur eis expressè , quod si omnino dederint secundum facultates , plenam habebunt indulgentiam ; si minus , erunt participes tantum , scilicet secundum quantitatem subsidii & devotionis affectum : nullus tamen compellatur facere ultra voluntatem suam . et haec omnia scribantur & referantur , ut supra . haec autem nos & dominus wigorniensis , auctoritate apostolica injungimus sacerdotibus , qui intererunt testamentis , in virtute obedientiae ; ut tàm ipsis , quàm aliis in remissionem peccatorum . quid autem super hiis feceritis , nobis citra festum assumptionis beatae mariae , per literas vestras patentes constare faciatis . dat. apud edevetunam , in diocaesi sarum , calendas augusti , pontificatus nostri anno duodecimo . sciendum est , quod eodem anno etiam antequam inciperetur haec excogitata collecta sic fieri , recepit comes richardus de terra sancti albani , . libras , per manum archidiaconi ejusdem loci . * matthew paris records , that the pope this year gave a noble entertainment to this earl richard , whom he secretly called to his court , and with whom he had much private conference ; de causa autem itineris comitis richardi , aliquorum fuit opinio , nec fine causa , quod vocaverat eum dominus papa , ut eum in imperium romaniae , quem scivit nummis & multis the sauris abundare , promoveret , sciens illum avidum & ambitiosum , quos vellet dominus papa ad hoc exponere . alii autem indubitanter asseverabant , quod dominus papa studiosè ad hoc desudabat , ut gratiam ipsius comitis adquireret , quatenus ipsum venire , in angliam , cupientem , benignè & reverenter susciperet , & ad hoc dominum regem fratrem suum & magnates terrae ( praecipuè cos quide consilio domini regis sunt ) ut in regnum angliae vocaretur , inclinaret . however the earl made use of the popes favour to procure his forecited bulls , under colour of ayding the holy land , to exact vast sums of money by this pious cheat from the people , whereof himself for the most part had the greatest share . the king having gained letters from the pope to raise monies for this his pretended expedition , sent them to the three archbishops in ireland , to publish them in all places , as this ensuing record assures us . rex dublin . archiepiscopo , salutem . summus pontifex innocentius christi vicarius , & beatorum petri & pauli successor . non solum quod expedit sed quod decet , in negotio sanctae crucis , cujus signaculum portamus in humero , ponderans in statera diseretionis praecipuè , fecit nobis gratiam specialem promotoribus ipsius negotii plura praetextu nostrae cruce-signationis indulgens , juxta quod in literis suis quas vobis & quibusdam fratribus vestris transmittimus , continetur . cum igitur proponamus pro nostris viribus vendicare injuriam crucifixi ad exaltationem fidei christianae , nostrumque honorem , tàm potenter quàm magnificè in propria persona nostra exequi votum nostrum , pateruitatem vestram rogamus , quatenus per civitates & diocaeses ac provincias totamque hyberniam , proponatis & proponi per aliquos quos ad hoc idoneos noveris verbum crucis , ac earundem literarum tenorem publicari , aliisque copiam habere faciatis , secundum quod videritis expedire , cum diligentia debita exequentes quaecunque in eisdem literis videritis contineri , it a quod tàm vos , quàm illi quibus hujusmodi officium commiseritis , fitis universi & singuli in praemissis exequendis solliciti per quod fidelitas & prudentia vestra debeat commendari , dictas autem literas quas prior sanctae trinitatis dublin . vobis deferet in eodem prioratu cum publicatae fuerint , salvo reponi & custodiri faciatis . it a quod ad eas cum necesse fuerit possit haberi recursus . teste rege apud woodst . . die junii . consimiles literae scribuntur cassal , archiepiscopo , excepto quod literas domini papae quas walterus mansell ei defert post ipsarum publicationem deponi fac . penes praedicatores cassal . item consimiliter scribitur ardmachan . archiepiscopo , & priori fratrum praedicatorum , & ministro fratrum minorum , provincialibus hyberniae , excepto quod de depositione literae papalis eis transmissae non fit mentio . what great extortions , oppressions the laity and clergy underwent not only in england , but also in france , by vertue of the popes bulls to raise monies to carry on wars against the saracens , and emperor too , though a christian , matthew paris thus relates . et si aliae pecuniarum extorsiones per regnum francorum factae , irrecitabiles dignae aeterno sint silentio , unum tamen exemplum huic paginae duximus inserendum notum est , quod dominus francorum rex , ex permissione romanae ecclesiae , per triennium decimam ab ecclesia regni francorum emunxit , tali conditione ut papa tantundem in posterum ab eadem extorqueret , ut fredericum potentius expugnaret . cui tamen post primam triennii collectam , scilicet suam , rex francorum praemonitus , volenti suam vindemiare , multiformis emunctoris ars ut artem falleret , in faciem contradixit , hanc pretendens rationem , quod nullo modo toleraret ecclesiam sui regni depauperare , ad etpugnandum christianos : ad expugnandum vero incredulos , aequanimius tolerari potuit , et potius a laico quam sacerdote . preterea , si alio proximo triennio depraedaretur , irrestaurabili praedae , quod tamen non curaret , pateret . extorsit igitur , pecuniam memoratam per quosdam papae ministrales , ut efficacius ipsam exigeret , et ut certius sciretur ad quantum pars papalis ascenderet colligenda . vnde multorum corda dolore praecordiali cruentabantur , maledicentium , et imprecantium , ut prophetae isaiae , imo dei vereficaretur sententia , qui odio semper hactenus habuit rapinam in holocausto . vtinam haec rationis libra perpenderent dominus anglorum rex , & frater ejus comes richardus , & alii principes crucesignati , turpibus emolumentis incumbentes . quamvis enim pium constat esse actum sanctae peregrinationis , viatica tamen turpiter adquisita , piae actionis coinquinat executionem . haec enim causa licet aliae forte non desint , creditur fuisse jam descriptae confusionis . harum quoque in franciae factarum extorsionum , unam quia turpissimum , duximus memorandum . contigit , ut memoratus papalis exactor obvium haberet unum clericulum de villa venientem , aquam in vasculo cum aspersorio , & frustra panis , data sibi pro aspersione ●quae benedictae bajulantem . cui romanus insidiator ait , ad quantum precium ascendit beneficium hoc tibi ab ecclesia concessum per annum ? cui clericus loquearum ignarus romanorum , respondit . ad viginti ut aestimo solidorum . cui romanus jam se manifestans ait , hic ergo assurgunt ad fisci commodum per annum viginti & quatuor denarii , scilicet duo solidi . et suffocavit ipsum pauperem ostiatim mendicantem , dieens : redde domino regi quod debes . unde pro illa substantiola persolvenda cogebatur ille pauperculus , multis diebus scholas exercens , venditis in parvisio libellis vitam famelicam & codrinam protelare . the sad effects of these impious rapins , and croysadoes , ending in the totall overthrow and destruction of the french army , the captivity of their king , the mischief and confusion of the whole kingdom , yea in blasphemies against god and christ himself ; apostacy from the christian religion , and detestation of these papal extortions , cheats , are at large recorded by the same historian , & thus epitomised by him . haec igitur lugubria postquam per aliquos ob orientialibus partibus redeuntes , ad audientiam dominae blanchiae , & magnatum franciae pervenissent , &c. tota franciae dolorem induit & confusionem , & tam ecclesiastici viri quàm militares maerore querulo contabuerunt , nolentes recipere consolationem . ubique enim patres , & matres suos filios , pupilli & orphani genitores , consanguinei consanguineos , amici amicos cecidisse conqueruntur : immutata est mulierum speciositas , serta de floribus projecta sunt . cantilenae suspenduntur . instrumenta musica prohibentur . omne quoque genus laetitiae in luctum , & lamenta commutatur . et quod pejus est , dominum de injustitia redarguentes , in verba blasphemiae quae apostasiam vel haeresim sapere videbantur , prae mentis amaritudine et doloris immanitate sapientes prorumpunt . et multorum caepit fides vacillare . venetia quoque civitas nobilissima , et multae civitates italiae quas inhabitant semi-christiani , in apostasiam prolapsi essent , nisi episroporum et sanctorum virorum religio sorum consolatione roborarentur . qui veraciter affirmabant , ipsos occ●sos jam regnare martyres in caelestibus , nec modo velle , pro totius mundi auro in hujus mundi valle tenebrosa degere . et sic vir quievit aliquorum , non tamen omnium indign atio . he addes , coeperunt igitur multi , quos firma fides non roboraverat , tàm desperatione & blasphemiis , quàm fame contabescere . et fides , heu , heu , multorum coepit vacillare , dicentium ad invicem : vt quid dereliquit nos christus , pro quo & cui hactenus militavimus ? i am multoties nostris diebus victi confundimur , & hostes nostri , imò christi , de nostro sanguine & spoliis gloriantur triumphantes . primò apud damiatam civitatem istam , quando nili fluentis circundati , compulsi fuimus damiatam tanto sanguine adquisitam , resignare . iterum , non procul ab antiochia , templi inclyta militia , signifero detruncato , victa confundebatur . iterum , à saracenis paucis annis avolutis apud gazaram occubuimus , à comite richardo quodam anglico post redempti . posteà verò à chorosminis ferè tota christianorum universitas in terra sancta trucidabatur , qui loca omnia , quae dicuntur sancta , polluentes destruxerunt . modo verò , quod omnibus gravius est , rex noster christianissimus miraculose suscitatus à mortuis , cum tota franciae nobilitate ignominioso patet discrimini , factus est nobis dominus velut inimicus . et qui solet dominus dici exercituum , nunc , proh dolor , à suis hostibus tanquam multoties superatus aspernatur . quid nobis nostra devotio , religiosorum orationes , amicorum nostrorum prosunt cle●mosynae ? nunquid melior est lex machometi lege christi ? et sic deliramenta verborum ex fide titubante resonabant , & dies quadragesimales , plus poenales quàm poenitentiales deducebant . tales igitur fructus parturiunt rapinae & depraedationes quas faciunt magnates , pauperibus multimodas injurias patientibus , ut eorum marsupia repleantur permittente , imo docente ecclesia romana , quoties peregrinaturi ut deo militent , proficiscuntur . patet ergo luce clarius ex praemissis quantum deo displicet quaestus talis , qui de pauperum surgit oppressionibus et depauperatione . to pass from these croysadoes ; this year the prelates and their officials being summoned to oxford , about the grace and indulgence * forementioned , granted to archbishop boniface , the king to preserve the rights and exemptions of his free chapples from this papal imposition , issued this memorable prohibition to them . rex universis praelatis & eorum procuratoribus vocatis et venturis apud oxoniam pro gratia cantuariensi archiepiscopo à domino papa concessa salutem . cum capellae nostrae in episcopatibus cestriae , sarum , london . & alibi in regno temporibus nostris ac progenitorum nostrorum , adeo liberae extiterint & immunes , quod nec dominus papa , nec aliquis archiepiscopus , episcopus , sell praelatus jurisdictionem vel potestatem suam extenderit ad easdem , statuendo aliquid in eisdem vel exigendo subsidium , vel aliquid aliud quocunque nomine ab eisdem . vobis districte inhibemus , quatenus metis vestris hactenus usitatis contenti , nichil exigatis nomine gratiae praedictae cantuariensi archiepiscopo concessae , vel quacunque alia occasione a capellis memoratis , vobis praecaventes ne sitis delatores vel accusatores apud sedem apostolicam vel alibi super juribus et libertatibus nostris , sicut indignationem nostram velitis evitare et fidelitatem nobis vinculo iuramenti praestitam observare . in cujus , &c. teste rege apud westmonasterium . die aprilis the archbishoprick of tuam in ireland becoming void by death , the king upon the humble petion of the dean and chapter , issued this signification of his license to elect another to the chief justice of ireland , provided they made choice of a fit person , profitable to his realm of ireland , and faithfull unto his majesty . rex dilecto & fideli suo i. filio galfr. justic . hiberniae , salutem . veniens ad nos cristinus canonicus ecclesiae tuamensis , intimavit nobis ecclesiam suam per mortem martini quondam archiepiscopi ejusdem ecclesiae esse pastoris solatio destitutam , humilter postulans ex parte decani & capituli loci memorati , quod eis concederemus licentiam eligendi alium in patrem et pastorem . nos autem precibus eorum condescendere volentes , vobis mandamus , quod si post mortem praedicti archiepiscopi , si archiepiscopatus ille in manu nostra extterit . tunc eis ex parte nostra licentiam eligendi concedatis liberaliter & benignè . eosdem rogantes attente , ut talem eligant qui ecclesiae suae idoneus , regno nostro hiberniae utilis , et nobis existat fidelis . in cujus , &c. teste rege spud westmonasterium . die januarii . the pope upon the kings complaint , ordering the bishop of worcester to repeal a sentence given against william de beuchamp and others , in a cause belonging to his temporal court , and not to the ecclesiastical , and in his default to the archbishop of canterbury to effect it , the king thereupon constituted proctors by his letters patents to prosecute and accomplish it accordingly . omnibus christi fidelibus praesentes literas visuris vel audituris h. dei gratiâ rex angliae , &c. salutem . noverit universitas vestra , quod cum dominus papa ad instantiam nostram domino wigorniensi episcopo suis dederit literis in mandatis , ut sententiam quam ipse in willielmum de bello campo vic. nostrum & alios pro hiis quae non ad ecclesiasticum , sed ad nostrum regium forum spectant , in nostri praejudicium proponitur promulgasse , si ita sit infra certum tempus sine difficultate relaxaxet . ac insuper venerabili patri domino catuar . archiepiscopo extunc juxta formam ecclesiae sententiam relaxet eandem , prout in praedictis literis apostolicis plenius continetur . nos dilectos nostros magistros nicholaum de plumpton , & johannem clarell constituimus & ordinamus , procuratores nostros subalternatione , unumquemque eorum in solidum ad praedictam causam & ad omnia facienda in praedicto negotio quae verus & legitimus procurator facere potest . promittentes nos ratum habituros & firmum quicquid per ipsos vel eorum alterum quibuscunque diebus & locis coram quibuscunque judicibus ordinariis vel delegatis super praemisso negotio nomine nostro factum fuerit justitia mediante . in cujus , &c. sigillum nostrum fecimus apponi . teste rege apud westmonasterium . die maii. the king this year by his ecclesiastical supremacy , granted his licence to the jews of london , that the master of their law should publish a sentence of excommunication against all such jews who had promised any ayd towards the reparation of their churchyard in london , and had not payd it , provided that all jews thus excommunicated , should make amends only to himself , not to any other . rex justiciariis suis ad custodiam judaeorum assignatis , salutem . sciatis , quod concessimus judaeis nostris london . quod magistri legis eorundem judaeorum , in civitate london . promulgare possint sententiam excommunicationis , in omnes illos judaeos qui subsidium aliquod promiserint ad coemiterium suum london . sustinendum et illud non solverint . ita quod nos et non alius de judaeis excommunicatis emendas recipiamus . in cujus , &c. teste rege apud clarendon . die julii . the pope by his provisions intending to dispose of a deanery belonging to the kings presentation , by the vacancy of the bishoprick of exeter , in derogation of the kings crown and dignity : the king thereupon issued this writ to the sheriff of cornwall , and dean of wells , to prevent it . rex vic. cornubiae salutem . audivimus quod j. saracenus decanus wellen. occasione provisionis ei a sede apostolica demandata , proponit ordinare , et instituere decanum in ecclesia sancti carantoci . et quia ordinatio et institutio praedictae manifeste esset contra pacem coronam et dignitatem nostram , praesertim cum vacante sede episcopatus exon , collatio praebendarum praefatae ecclesiae sancti carantoci , ad nos pleno jure pertinere dignoscitur , mandamus eidem decano , et ejus vices gerenti firmiter inhibendo , ne in praefata ecclesia vel alibi contra libertatem nostram ordinando vel instituendo aliquid attemptare praesumat . et ideo praecipimus quod si contingat ipsos ad praefatam ecclesiam accedere vel destinare , ad ordinationem seu institutionem in eadem fac . tu quantum in te fuerit hoc nullatenus fieri permittas , sed ab eadem omnem vim laicam penitus amoveas . et ita te habeas in hac parte , quod diligentiam tuam merito debeamus commendare . teste rege apud westmonasterium . die martii . et mandatum est praedicto decano ut supra . the like writ in substance he issued to the sheriffs of lincoln , to preserve the patronage of the abbot and covent of thorny , against all provisors intrusions to a church to which they had presented his brother adomar ; and to the sheriffs of worcester and hereford , to defend the church of oke belonging to philip luvell , against papal provisors , thus entred on record . mandatum est vicecomiti linc. quod si abbas & conventus de thorneia praesentaverint adomarum de lezignan . fratrem regis , ad aliquam ecclesiam quae sit in balliva sua , non permittat aliquos provisores ingredi illam ecclesiam . et si sit in ea vis laica eam amoveat . teste rege apud westmonasterium . die januarii . consimiles literas habet philippus luvell , ad tuitionem ecclesiae suae de oke , directas vic. wygorn . et hereford . teste ut supra . the king to gratifie cardinal albo for some courtesies done him in the court of rome , sent him the ornaments of his chappel and a rich miter by his servant , which was reputed no sacriledge for a cardinal to receive , or the king to dispose of . mandatum est edwardo de westmonasterio , quod ornamenta capellae , cum mitra , unde rex ei dixit liberet willielmo de lucy , latori praesentium , deferenda ▪ ex parte regis albo cardinali domino suo . teste rege , apud woodst . . die junii . the same year , anno . ( . h. . ) there fell out a great difference between grosthead , bishop of lincoln , and the religious persons of his diocesse , thus recorded by mathew paris . tempore quoque sub eodem , religiosorum fatigator indefessus episcopus lincolniensis , robertus , omnes suae diocesis religiosos fecit citari ut in festo sancti hilarii apud legecestriam convenirent , mandatum domini papae ibidem audituri . ad haec enim idem episcopus summo conamine anhelavit , ut religiosorum per suam diocesim constitutorum ecclesias & redditus , de quibus idem religiosi assensum capitul . & super hoc instrumenta testimonium evidens perhibentia non haberent , in suam , quod multis nimis damnosum foret , revocaret potestatem . et ad impetrandum magistrum leonardum clericum suum frequentem romipedam , non sine maxima pecuniae effusione ad romanam curiam destinaverat . quae inquam curia , instar barathri potestatem habet , et consuetudinem omnium redditus absorbendi , imo fere omnia quaecunque episcopi possident et abbates . hujus autem impetrationis literae potuerunt reperiri , in libro additamentorum . wherein they are thus registred . innocentivs episcopus , &c. venerabili fratri episcopo lincolniensi , salutem & apostolicam benedictionem . tua nobis fraternitas intimavit , quod nonnulli religiosi quampluret ecclesiarum p●ssessiones ac decimas , in proprios usus praesumunt convertere , licet ad id non accesserit capituli tui consensus . quocirca fraternitati tva praesentium authoritate concedimus , ut praedicta valeas legitimè revocare ; contradicentes per censuram ecclesiasticam , appellatione postposita compescendo . datum lugduni , decimo sexto kalendas julii ; pontificatus nostri , anno . sexto . the religious persons hereupon appealling from the bishop to the pope notwithstanding this bull , the bishop soon after crossed the seas to the popes court upon this occasion , to dismisse their appeals and complaints against him . causa autem solius episcopi lincolniensis , quare transfretaret patuit ; vigilanter laboravit , ut eos quos vocaverat ad papale mandatum , ut praetactum est , & contra inaudita gravamina sua ad sedem apostolicam appellaverant , strictius suae flecteret voluntati . appellaverant enim exempti , templarii , hospitalarii , et multi alii , qui postea a domino papa pecunia interveniente , caute sibi pacem redimerunt , secundum illud ethici , judicis auxilium sub iniqua lege rogato ▪ quod cum episcopo post multas expensarum effusiones , & labores inutiles innotuisset ; confusus & tristis venit ad dominum papam , dicens : domine sancte pater , erubesco confusus in proposito meo , quod in literis et pollicitis vestris confidenter solidadi ; spe frustror praeconcepta , quia quos credideram edomuisse , liberi in meam recedunt confusionem . cui papa torvo vultu dicitur respondisse . frater quid ad te ? liberasti animam tuam , fecimus eis gratiam . nunquid oculus ( tuus ) nequam est , quia bonus sum ? & cum episcopus suspirans in seipso diceret , tamen auditus a papa : o pecunia , pecunia quam potens praecipue in curia romana : exasperatus dominus papa respondit . o anglici , hominum estis miserrimi . quilibet vestrum alium corrodit ac studet depauperare . quam multos elaborasti reliogiosos tibi subjectos , tuasque oves & indigenas ac domesticos , orationibus & hospitalitati intendentes , deprimere , ut de bonis eorum tyrannidituae ac cupiditati satisfaciens , alios et forte alienos reddas locupletes ! et sic confusus , & ab omnibus protervius acclamatus , recessit episcopus , & ne nihil fecisse videretur aliis negociis intendebat . * remansit autem in curia romana lincolniensis , utversus papam propositum perficeret praeconceptum . which he was utterly unable to effect , the religious and exempt persons out bribing him there . the bishop having incurred the popes displeasure by his forecited reprehension ; and the king complaining against him to the pope by speciall messengers , that he had , against the right of his crown , excomunicated the sheriff of rutland , for not taking and imprisoning one ranulph a clerk , whom the bishop had deprived and excommun cated for incontinency ; upon his significavit directed to the sheriff , the pope thereupon issued a memorable inhibition to him , and all other bishops and officials , thus recorded by mat. paris . eodem quoque anno , contigit , quod episcopus lincolniensis privavit quendam clericum beneficiatum , in episcopatu suo , accusatum de incontinentia , nomine ranulphum , & privatum excommunicavit , quia condemnatus , cedere recusavit . nunc cum in sententia excommunicationis ultra quadraginta dies perseverasset , significavit episcopus vicecomiti rotholandiae , in cujus vicecomitatu idem clercus manebat , ut ipsum captum teneret tanquam contumacem . vicecomes autem eo quod fortè amicusd●cti ranulphi fuerat , hoc facere distulit vel recusavit , nuncemm erat episcopo favorabilis . quia enim , ut a●t seneca , qui diu distulit , diu noluit . episcopus igitur vicecomitis comperiens simultatem , ipsum excommunicavit solenniter . vicecomes igitur ira us & verecundatus , regem illico adiit , gravem super h●c reponens querimoniam . quod cum audisset , & sui omnes aulici , commoti sunt univern , rex autem iratus nimis , respondit addito maximo juramento : siquis meorum versus episcopum illum vel quempiam foris fecisset , coram nobis querimoniam deberet reposuisse . sed ut videtur , me habuit contemptui . missus igitur ad romanam curiam legatis solennibus , hanc meruit literam in ecclesiasticae libertatis praejudicium , interveniente pecunia , celeriter impetrare . innocentivs quartus episcopus , &c. dilectis filiis abbati westmonasteriensi londini , salutem . celsitudinis charissimi in christo filii regis angliae illustris votis liberaliter annuimus , ut ei in his quae dignè deposcit nos favorabiles exhibeamus . cum igitur sicut ex parte sua fuit propositum coram nobis , nonnulli pontifices et alii praelati regni sui ballivos suos , super his quae ad jurisoictionem regiam pertinent , coram se pro suo compellant libito litigare , ac in eos nisi coram ipsis litigent excommunicationis ferant sententias , in ipsius regis praejudicium et gravamen , nos ejus supplicationibus inclinati , ut nullus ipsius regni archiepiscopus , episcopus , vel alius praelatus , ballivos ipsos coram se super his , quae ad regiam jurisdictionem pertinent litigare compellat , vel hac de causa in eos hujusmodi ferant sententias , auctoritate literarum districte durimus inhibendum . quocirca discretioni vestrae per apostolica scripta mandamus , quatenus praedictum super his , contra inhibitionis nostrae tenorem , non permittatis ab aliquibus indebite molestare malefactores , &c. datum lugdini , idus martii , pontificatus nostri anno . hoc tamen non sine redarguatione peritorum , haec fecit dominus rex , quod scilicet conquestus est super hoc dominus papae . having royal power to redress it himself by his own writs of prohibition , asis evident by this remarkable writ of k. henry the d. in the th . year of his reign , ( casually omitted in its due place ) directed to the official of the bishop of winchester , enjoyning him to absolve the kings bayliffs , whom he had unjustly excommunicated at the suit of the prior of st. swithin in winchester , for seising upon a royal fish , ( belonging to the king by his prerogative ) which the prior claimed , because drawn on shore upon his land. rex magistro w. officiali p. winton . episcopi , salutem . ad nostram pervenit noticiam , quod cum quidam piscis regius nuper applicaret in terra prioris sancti swithinis winton . & constantibus illuc tàm ballivis nostris , quàm ballivis ipsius prioris , manu communi esset ad terram tractus , & unanimi assensu ballivorum nostrorum , & ipsius prioris esset in quadam domo depositus & sale conditus , quia ballivi nostri tandem non permiserunt dictum priorem pro voluntate sua de dicto pisce disponere , resumentes eum ad opus regium ; delata inde vobis querela per praefatum priorem , sententiam excommunicationis in ballivos nostros praecipitatis , unde si miremur et movemur minime mirari debetis , cum nullus in regno nostro jus habeat hujusmodi regium piscem vendicandi ubicunque applicuerit , nisi de jure speciali a nobis vel praedecessoribus nostris 〈◊〉 fuerat indultum : et licet ballivi nostri graves exstitissent ipso priori vel 〈◊〉 super concessa ei à regia potesrate libertate , ob regiam tamen reverentiam requirendi essemus , ut id emendari faceremus , et tunc demum si negligentes essemus in hac parte , posset in ballivos nostros honestius animadverti . et ideo vobis mandamus rogantes , quatenus praefatos ballivos nostros a dicta sententia excommunicationis faciatis absolvi : et si memoratus prior ostendere velit , quod jus habeat in hujusmodi regio pisce , paerati sumus ipsum audire , & ei per considerationem curiae nostrae justitiam exhibere . teste rege apud doncastr . die septembris . by which writ , and the kings forecited complaint and popes letters in pursuance thereof , it is apparent : first , that no bishop , nor ecclesiastical person or court , ought to draw any of the kings officers or bayliffs into their ecclesiastical courts , for any matter belonging to the kings proper jurisdiction or temporal courts , nor for the execution or neglect of their offices . ly . that they ought not to excommunicate them in their courts for any temporal cause , or executing their offices ; and that the king by his special writs may command them to absolve them if excommunicated . ly . that * royal fishes ( as whales and sturgeon ) belong only to the kings of england , wherever cast on shore , by vertue of their prerogative ; and that none can claim them but by special grant from the crown ; and that they ought to sue for them only in the kings own courts . ly . that in that age abbots , prelates , and ecclesiastical courts were very insolent , ingratefull , severe , and uncivil in vexing , excommunicating the kings bayliffs , sheriffs , officers , upon every trifling occasion , without complaining first to the king , notwithstanding they claimed all their priviledges , royalties , lands from the crown . ly . that the king was very sensible of these affronts to him and his officers , and industrious to redresse them by writs out of his temporal courts , for the maintenance of the rights , prerogatives of his crown , and encouragement of his officers to discharge their duties . the forementioned high-spirited bishop grosthead in the second year of his consecration , offered an high affront to the king , his crown and dignity , by prohibiting clerks attached for holding plea in the spiritual court of a temporal matter , contrary to the kings prohibition , to appear or answer their contempts in the kings courts , whereupon he issued this notable writ to him and his justices of the bench to maintain the rights of his crown against this innovation and enchroachment . rex venerabili patri r. eadem gratia lincoln . episcopo , salutem . ad aures nostras nuper pervenit , quod cum temporibus praedecessorum nostrorum regum angliae , et tempore nostro , clerici , qui contra prohibitionem regiam in placitis ad regiam dignitatem pertinentibus processerint in foro ecclesiastico ea occasione attachiati secundum leges et consuetudines regni , in curia regia inde respondere consueverint . nosque ea semper gavisi sumus libertate et adhuc in ejusdem possessione . vos in grave praejudicium dignitatis regiae libertatem praedictam nobis intenditis auferre ; non permittentes clericos vestros de diocaesi vestra post contemptum prohibitionis nostrae inde in curia nostra respondere , de quo cogimur ( mirari ) vehementer et moveri . cum igitur tantam et tam enormem injuriam non possumus , sicut nec debemus aequanimiter toletare : vobis mandamus rogantes , et bena fide consulentes , quatenus possessionem libertatis memoratae nobis relinquentes illaesam , nihil contra coronam et dignitatem attemptetis in hac parte , propter quod asperius erga vos moveri debeamus . scituri indubitanter , quod nullo modo permittemus pro defectu defensionis sufficientis juri nostro aliquid deperire . teste rege apud clarenden , die junii . et mandatum est justiciariis de banco , quod quatenus in eis dominum regem in seisina libertatis praedictae , ficut ea usus est hucusque , manuteneant , non permittentes quod pro defectu sui aliquid jure regio depereat . teste ut supra . as this turbulent innovating bishop had very ill successe in these his usurpations upon the crown and subjects liberties , and in his forementioned visitation oathes and inquisitions , so he had as bad successe in the appeals and complaints made against him to the pope ; whereupon after many months attendance and great expence of monies , dispairing of successe , he returned much damnified and discontented to his bishoprick , resolving to retire himself from the world , and desert his bishoprick ; which resolution he suspended , fearing lest the king seising upon the temporalties , should impoverish the bishoprick , and recommend an unworthy person to it , as matthew paris thus records . et circa idem sestum sancti michaelis , episcopus lincolniensis robertus , cum in curia romana pluribus diebus cum multarum expensarum inutili profusione stetisset , et conceptum propositum ad votum perficere non valeret , tristis et vacuus in angliam remeavit . multos tamen religiosos ut se ab ejus impetu defenderent fatigaret , et non mediocriter damnificaret . et cum in episcopatum suum pervenisset , videns materiam confusionis ecclesiae universali cominus imminere , ut sibi contemplanti , oranti , & studenti liberius vacaret , exemplo instructus episcopi dunelmensis nicholai , se exuens à mundanis , quibus se saepè inutiliter illaqueaverat , magistro roberto de marisco , officiali suo , curam administrationis officii sui commisit sibi competentis , proponens mundo perituro valedicere , accedere episcopatu : sed timens regias rapinas , quae vacantes cousuevit depauperare , & demum indignas personas intrudere in eisdem , sub dissimulatione , suspenso adhuc tam arcano consilio , nescius quid in tanto mundi turbine ageret , anxius expectavit . the same year boniface archbishop of canterbury being inthroned in his see ( from which he had been long absent ) with great pomp and state , the bishops of his province met together at oxford , to compute whether he had levyed the sum of money out of the first-fruits of benefices formerly granted him by the pope , where although they found by the collectors of each bishoprick , that he had received far more then the sum assigned , yet he demanded a great deal more upon pretext of his expenses , which he converted to his own profit ; episcopi igitur inviti quod exegit concesserunt , sentientes dominum papam sibi favorabilem . after which the archbishop purposed to visit his province , the better to fill his purse ; which being the first metropolitical visitation i finde extant in our histories , wherein he met with much opposition , i shall relate the passages thereof at large , as matthew paris and others report them . diebus itaque sub eisdem , archiepiscopus cantuariensis bonifacius , exemplo lincolniensis episcopi provocatus , qui ut canonicos suos visitaret , impetraverat potestatem , in sua provincia visitationem facere attemptavit , scilicet super episcopos , abbates , clerum , & populum . fecit igitur visitationem primò in capitulo suorum monachorum cantuariensium rigidè nimis , & immisericorditer , ut ad invicem dicerent : de eodem merito hoc patimur , quia peccavimus in praedecessorem ejus beatum aedmundum quem austerum reputavimus , & protervum : verè quae promeruimus , toleramus , eligentes alienigenam , illiteratum , ignotum & inexpertum , bellicis plusquam spiritualibus negotiis idoneum et exercitatum . o quales habuit praedecessores , martyres , doctores , autenticos , & sanctos dei confessores ? heu quare in hac enormi electione , plus regi rerreno , quam coelesti obedivimus ? venit igitur illinc ad abbatiam de reversham , cujus visitationi propter tyrannidem suam non ausi sunt ipsi pusillanimes monachi contradicere . inde autem venit cum magno impetu , ad roffensem prioratum , ubi extorsit ab illa exili domo plus quam xxx marcas : unde constat ipsum visitationis officium plus exercere cupiditate pecuniae , quam pro ordinis vel morum reformatione , cum sit ordinis et morum ignarus , ac literaturae . quarto veroidus maii , videlicet die sanctorum paneratii sociorumqué ejus , venit idem archiepis . londinum , visitaturus episcopum & ejus capitulum . , & religiosos ipsius civitatis , & hospitium suum cepit sine alicujus licentia , in domo nobilistima episcopi cicestrensis , non procul à domibus conversorum , nec descendit apud domum suàm propriam apud lamhith , & fecit marescallos suos violenter comparare cibaria su● ad formam regis , cum minis & convitiis , & injuriis mercatoribus illatis : paucos tamen vel nullos convivas invitavit . in crastino autem visitavit episcop . fulconem , apud quem inverecundiam ab eodem archiepiscopo factam , si quis enarraret tum in poculentis , , tum in ferratura , scilicet equorum deferratorum , aures & animos offenderet audientium , imo & corda cruentaret . visitaturo autem capitulum sancti pauli london restiterunt canonici , appellantes ad pontificem , quamobrem decanum et alios excommunicavit . et in crastino , ira adhuc ●umidus , & lorica , ut perhibent , qui viderunt , sub vestibus indutus , venit ad prioratum sanct. bartholomaei , ut ibi canonicos visitaret . cui adventanti , & ecclesiam intranti , occurrit subprior , quia prior tunc domi non fuerat , comitante conventu processionaliter cum solemnitate in multorum accessione cereorum , & sonitu campanorum : erant autem in capis chorealibus & preciosis valdè , quarum preciosissimam habuit subprior memoratus . de quo sibi exhibito honore non multum curavit archiepiscopus , dixit se illuc venisse , ut ipsos canonicos visitaret . erant autem jam omnes canonici in medio ecclesiae , scilicet in choro , ipseque archepisc . cum majori parte familiae suae , inordinate sese comprimentis . cui respondit unus canonicorum pro omnibus dicens , quod epis . haberent peritum & diligentem , qui eos habuit , cum necesse fuerat , visitare , nec voluerunt , nec debuerunt ab alio , ne contemptus videretur visitari . quod audiens archiepiscopus , in iram secus quam deceret conversus , irruit in subpriorem , suaeque conditionis , et suorum antecessorum sanctitatis immemor , ipsum sanctum virum sacerdotem et religiosum in medio ecclesiae existentem , pugno impie tum percussit , tum in pectus senile , tum in faciem venerabilem , tum in canum caput impulit trueulenter multoties , clamosa voce dicens : siccine , siccine decet anglicos proditores impetere ; & horribilius cum juramentis irrecitabilibus delirans , gladium suum expostulavit festinanter afferri . ▪ et cum multiplicarentur tumultus , & niterentur canonici suum subpriorem de manibus tam violenter opprimentis liberare ; ipse archiepis . capam illam preciosam qua subprior indutus erat , dilaceravit , & firmaculum , quod vulgariter morsus dicitur , avulsit , & inter pedes catervatim irruentium conculcatum est , & amissum , quod auro & argento & gemmis fuerat preciosum . sed & ipsa capa nobilissima concultata & disttacta irrestaurabiliter , violabatur , nec adhuc aversus est furor archiepisc . ipsum namque virum sanctum impetu violento repellens , & retroire cogens ad unam spondam , quae duos de stallis dividebat , & pro podio facta fuit , adeo senile corpus pressit , ut ossa cum medullis conquassaret & praecordia collideret furibundus . caetiri autem cum tantam in archiepis . viderent immoderantiam , virum seminecem de mortis confinio vix eripuerunt , oppressorem repellentes . qui cum cecidisset retorsum , & aversa fuerunt ejus vestimenta , visa est lorica ipsius a multis manifeste , qui abhorruerunt videntes archiepis . loricatum , unde praenosticabant multi , quod non ad visitandum , vel errores corrigendum illuc venerat , sed potius ad praelium excitandum . interim sui ministrales quos habuit impetuosos sibi comprovinciales in reliquos canonicos imbelles , inermes , & improvisos , truculenter irruerunt , & tam ipse archiepiscopus quam sui , jussu ejus exemplo , quamplures ex eis malè tractaverunt , percutiendo , dilacerando , prosternendo & conculcando . venerunt igitur canonici pedes livore et cruore deturpati , et male laesi , hirsuti , et lacerati , ad episcopum civitatis , super tam detestabili facto gravem querimoniam cum lachrymis reponentes . quibus ille episcopus : dominus rer est apud westmonast . adite eum hoc monstraturi , ut saltem moveat eum suae pacis in sua principali civitate laesio tam violenta et manifesta . quatuor igitur ex ipsis canonicis , quia caeteri non poterant prae dolore ictuum , regis praesentiam ut adirent westmonaster . in conspectu populi multum compatientes usque pervenerunt , monstrantes omnibus ictuum vestigia , cruorem scilicet , livorem , et tumorem , et vestes laceratas , qui tam enorme factum compatientes detestabantur . quintus autem , videlicet subprior memoratus , nullo modo eques vel pedes ad curiam venire valebat , sed gemibundus in infirmariam portatus , sese in lectum recipiens , reliquum aetatis protraxit in languore . rex autem , licet ad ostium camerae suae diu expectassent , memoratos canonicos querulos , nec audire voluit , nec videre . unde cum majori confusione ad ecclesiam , quam dictus archiepiscopus sanguine sacerdotum et religiosorum pollutam prophanaverat , redierunt . interim perturbata est tota civitas vehementer , et quasi seditione mota , proposuerunt cives communem campanam pulsare , et ipsum archiepiscopum quicquid postea contingeret , in frusta detruncare . resonabant interim cum probris convitia , & dicebant ei ad lamhith domum suam properanti dum ipsum quaererent catervatim ruentes : ubi est ille ruptarius , percussor impius & cruentus , non animarum lucrator , sed pecumarum exactor , quem non deus , vel legitima vel libera promovit electio , sed rex illicite potius intrusit , illiteratum et uxoratum , et teterrima de ipso infamia mota infecit totam jamjam civitatem ? et cito post transvectus clanculo per tamesim , gravem super his coram domino rege reposuit querimoniam , justificans se , licet reum , & alios graviter accusando , & currens ad reginam , coram ipsa reposuit graviorem . rex igitur seditionem formidans vehementer , fecit voce praeconia in civitate proclamari , ne aliquis super vitam & membra se de hac controversia intromitteret . et sic spretus tam apud canonicos s. bartholomaei quam apud s trinitatem , constanter appellantes , perrexit archiep. et sumens ex regis favore cornua , apud lamhith in capella dictam sententiam in canonicos s. pauli latam solenmter innovavit , involvens episcopum londinensem tanquam fautorem cum canonicis memoratis . ipsi igitur canonici undique laesionem et injuriam passi , sancto suo bartholomeo cui jugiter nocte dieque servire dignoscuntur , causam hanc conquesti sachrymabiliter commiserunt , deprecantes , ut deus ultionum dominus , quod homo nequit , vel dissimulat , tantas dignaretur ulcisci transgressiones . archiepiscopus autem felle adhuc repletus iracundiae , in crastino ad manerium suum , quod harewes dicitur , properavit , distans ab coenobio s. albani . milliaribus , ut ibi visitationis officium exerceret , ibique sententiam memoratam innovavit . et cum ab amicis suis & clericis , viris disertis & literatis dictum fuisset ei de nobilibus privilegiis illi ecclesiae à sede apostolica concessis , supersedit dissimulans . et reversus praeparavit se ad transfretandum , ut in curia romana , ubi praepotens fuerat , & consuetus magis quàm more boni pastoris super gregem suam commorari , laqueos insontibus praepararet . decanus autem s. pauli londinensis , vir quidem bonus & magni consilii & grandaevus , & magister robertus de barthona , & magister w. de linchefelde . viri diserti & literati , ejusdem ecclesiae canonici , cum procuratoribus sui episcopi , & canonicorum praedictorum , curiam papalem adierunt , super his omnibus querelam coram summo pontifice reposituri , instructique sufficienter , & multorum testimonio roborati , ad probandum praenotata . episcopus autem londinensis super his perturbationibus non mediocriter motus , hinc regalem versus suos naturales umbratilem amicitiam , illinc autem sabaudiensium , quos offendere non audebat , nobilitatem , vehementer , nec est mirandum , formidabat . cupiens in harum angustiarum articulis habere abbatis & conventus s. albani consilium & auxilium scripsit eidem in haec verba . viris venerabilibus & amicis in christo charissimis , i. dei gratia abbati s. albani , & ejusdem loci conventui , ac omnibus aliis eidem domui subjectis , fulco divina permissione londinensis episcopus salutem , & sincerae dilectionis in domino semper augmentum . fama gradu multivago terram perlabitur , quae stateram minatur communis indicii , & edictum novelli discriminis in pluribus locis disseminat , pace quidem diutina nostra diccesis , per patrem nostrum venerabilem archipraesulem impugnata , via credemus juste defensionis arrepta , tanquam vestram bellatores pro jure omnium & singulorum provinciae in fortunae area praemissi , bellum nobis impositum ; nisi omnipotentis , & vestri consilii solatio respiremus adjuti , vobis praedicimus aerius imponendum . idem namque dominus , quod forte vobis innotuit , visitationem totius cleri & populi nostrae diocesis , ac procurationem exigens ab eisdem à capitulo nostro primitus , ac iterum à duobus prioratibus civitatis , contradictionem passus pariter , & repulsam , licet cu●ialem , prius in ipsos ipsum ad praemissa non admittentes . secundo pro eo quod aliquibus nostrae ditionis , ne ipsum in praejudicium ecclesiae nostrae admitterent mandavimus , in personam nostram excommunicationis sententias fulminavit , legitimis tum appellationibus praeventus , causis justis , veris , & probabilibus expressis . nec haec inquiete sola quietem nostram aggrediens , imo sententias sic derivatas in sua diocesi , & ut fertur , alibifecit publicari . missis igitur ad curiam jam procuratoribus , quosdam coepiscopos nostros super praemissis sumus alloquuti , qui jura sua & libertates magnanimitate assumpta praetendunt defendere . quocirca dilectionem vestram duximus exorandam , quod causam hujus petitionis ac honorem vestrum & indemnitatem considerantes , nulla tepescat probitas , nulla frigescat virilitas , sed in ipso ponentes fiduciam , qui ab injustorum injuria tuetur oppressos , manum nobis velitis porrigere consilii salutaris . valeat vniversitas vestra semter in domino . decretales vero , ex quibus archi ▪ sumpsit hujus propositi occasionem , in libri additamentorum plenius annotantur , cum disceptationibus partium ibidem conscribuntur . this archbishop held this his metropolitical visitation ( as * grosthead bishop of lincoln did his episcopal before him ) not by his own inherent archiepiscopal authority , but by the special bulls and new decretals of pope innocent the th ▪ thus recorded to posterity by matthew paris in his additamenta , to which his history referres us . decretales novae innocentii quarti , quorum auctoritate archiepiscopus cantuariensis bonifacius , intendebat visitare in sua provincia visitandos . romana , &c. statuimus , ut quilibet archiepiscopus suam volens visitare provinciam , prius ecclesiae suae capitulum ac civitatem , ac diocesin propriam , plenè visitare procuret . nec sit solum erga majorum , sed etiam minorum ecclesiarum ; nec circa clericorum tantum , sed etiam populorum visitationem intentus . et si commodè , vel absque difficultate accedere ad unamquamque non poterit , ( as he ought of right , acts . . ) de pluribus locis ad unam congregationem clerieos & alios studeat evoeare : ne in illis visitatio postponatur . deindè liceat ei per totam provinciam vel ejus partem , visitationis officium exercere , civitates , & dioceses , suffraganeos , & eorum subditos , cathedralium & aliarum ecclesiarum , monasteria , & ecclesias , & alia religiosa , & pia loca , cleros , & populos , liberè visitando , ac procurationes a locis tantum recipere visitatis . ex quo tamen aliquam de ipsis diocesibus visitare ceperit , nunquam postea ( sivè totam sivè partem ejus visitaverit ) revertatur causa visitationis ad illam ; priusquam omnes reliquae ipsius provinciae dioceses , in toto vel in parte ( quàm scilicet secretò securè poterit ) & suae denuò fuerint ab eo visitatae . quod si fortè eadem diocesis , vel aliqua ibi ecclesia plùs aliis indigeat visitari , tunc aliarum visitatione intermissâ , redeat ad eandem , si à loci diocesano requisitus extiterit ; vel de omnium aut majoris partis episcoporum ejusdem provinciae , processerit consilio & assensu . ad quod idem se pronos exhibeant , ne animarum profectus aliquatenus negligatur . si verò maliciosè in hiis difficultatem quamlibet adhibuerint , archiepiscopus super hoc licentiam postulet confidenter . postquam autem semel omnes provinciae suae dioceses visitaverit , licitum sit ei postea ( priùs tamen suffraganeorum suorum requisito consilio ) ipsius definitione super hoc habi â coram eis quae in scriptis redigi volumus , ut possint esse aliis nota , visitationem per eandem provinciam recitare , juxta modum superiùs annotatum . et si non interveniat in hoc suffraganeorum ipsorum assensus , illam semper providentiam adhibendo , ut in posterioribus visitationibus , illas ecclesias , illosque cleros , & populos , priùs visitet qui non fuerant ab eo in prioribus visitati , nisi magis sit aliis visitationis officium oportunum . sanè hujusmodi impensurus officium , proposito verbo dei , quaerat de vita & conversatione ministrantium in ecclesiis , & divino cultur deputatis : ac caeteris quae ad officium ipsum spectant , absque * contradictione et exactione qualibet iuramenti , ad ipsorum emendationem per salubr●● monita , nunc levia nunc aspera , juxta datam à deo sibi prudentiam diligenter intendens . quod si de aliquibus orta fuerit infamia contra eos , ordinariis ipsarum , ut super hiis solenniter inquirant , denunciet , si viderit expedire . notoria vero crimina , quae examinatione non egeant , cum super hiis merito notari possit ordinariorum negl gentia , eorundem liberè corrigat ; poenam de illis debitam infligendo . procurationes autem recipiat , nullam autem pecuniam ipse vel aliquis de familia iua , occasione alicujus officii vel consuetudinis , seu quolibet alio modo , earum nomine , sed in victualibus tantum recipiat moderatas . caveant insuper , ne ipse vel quisquam suorum , munus quod●unque sic vel qua●itercunque offeratur , praesumat recipere , ut non quae sua sunt videantur quaerere , sed quae iesu christi . quod si fuerit contra praesumptum , recipiens maledictionem inveniat : a qua nunquam , nisi duplum restituat , liberetur . volumus enim in hiis fraudem quamlibet penitus evitari . hanc autem visitandi formam , ab universis etiam episcopis aliisque praelatis , ordinario jure suos subditos visitantibus , plene observari praecipimus : salvis super hoc rationabilibus et approbatis religiosorum consuetudinibus , et regularibus institutis . by which decree of this pope it is apparent : . that all archbishops and bishops were precisely enjoyned to proceed in all their visitations , * absque exactione qualibet iuramenti , without any exaction of an oath ; wherefore bishop grostheads exaction of an oath , was directly contrary to this decretal , and justly prohibited by the king , his court and counsil , by the premised * writs of prohibition , as an illegal innovation ; neither is there any mention , that archbishop boniface exacted any oath in his visitations . ly . that no archbishop , bishop , or their officers , in such visitations , ought to exact or receive any money , fee , or procurations , but meerly victuals , and that only from the churches which they personally visited , under pain of excommunication till they shall make double restitution ; which how much archbishop boniface , other bishops and their officers violate , our histories and experience evidence . you have heard before of the archbishops sentence published against the dean and canons of st. pauls in london , and their appeal to rome , upon hearing whereof the pope issued a bull , declaring the archbishops sentence of excommunication to be utterly null and void . diebus autem sub eisdem , videlicet in adventu domini , significavit dominus papa , de sancto albano & de wautham abbatibus , & archidiacono sancti albani , quatenus in henricum decanum londinensem , petrum archidiaconum , robertum cantorem londinensem , magistrum willielmum de lichefeld , willielmum leafete , & alios canonicos londinenses , propter delictum capituli , sententiam promulgatam ab archiepiscopo cantuariensi bonifacio , penitus nullam fore . instabat autem nihilominus idem archiepiscopus in curia romana , exigens in visitandos cum procurationibus visitationes . et eò instantiùs & confidentiùs , quia * episcopus lincolniensis , qui eo minor esse dignoscitur , à domino papa paucis antè elapsis annis impetraverat , ut canonicos suos lincolniensis ecclesiae visitaret , multum reluctantes , et maximum the saurum in defensione eorum inaniter effundentes . hujus autem rei literae , scilicet denuncia●ionis praecepti , in libro additamentorum plenius annotantur ; where they are thus registred at large . litera apostolica contra sententiam prolatam in canonicos sancti pauli londini , ab archiepiscopo cantuariensi , eos volente visitare . innocentius episcopus , servus servorum dei , dilectis filiis de sancto albano , & de wautham abbatibus , & archidiacono sancti albani , lincolniensis & londoniensis dioceseos salutem , & apostolicam bénedictionem . ex parte dilectorum filiorum , henrici decani , petri archidiaconi , roberti cantoris , magistri gulielmi de litchfield , gulielmi le faite , & roberti dicti monachi canonicorum londoniae fuit proposicum coram nobis , quod cum venerabilis frater noster cantuariensis archiepiscopus ad londoniensem ecclesiam , impensurus in ea visitationis officium accessisset , capitulo proponente ejusdem ecclesiae , se ac ecclesiam suam ab ipsius jurisdictione liberos & immunes , ac ideo eundem archiepiscopum ad visitandum admittere , sibique procurationis praestare obsequium recusante , idem archiepiscopus in personas eorum ob hujusmodi ejusdem capituli delictum excommunicationis sententiam , authoritate propria promulgavit , quam ipsi nunciari missam humiliter petierunt . ad quod memoratus archiepiscopus ex adverso respondit , quod non ob capituli , sed praedictorum decani & aliorum delictum , eandem in eos sententiam protulisset . ipsius autem sententiae forma , in nostra & fratrum nostrorum audientia lecta fuit , cujus tenorem praesentium inseri fecimus , ad cautelam , noverint universi , quod cum nos b. dei gratia cantuariensis archiepiscopus , totius angliae primas , cantuariensi & roffensi civitatibus & diocesibus visitatis , ut venerabilem fratrem nostrum londoniae episcopum visitassemus , descendimus ad visitandum capitulum cathedralis ecclesiae sancti pauli londoniae . et monuimus vivâ voce , ac per alios fecimus saepius admoneri decanum & capitulum praedictae cathedralis ecclesiae sancti pauli ; ut nos tanquam metropolitanum suum , secundum formam à jure traditam , ad exercendum visitationis officium in sua ecclesia admitterent reverenter . quod ipse decanus & capitulum facere in humanitate denegarunt ; affirmantes vivâ voce coram nobis , quod nullatenus nos reciperent ad praedictum visitationis officium exercendum : & tenentes clausa ostia chori atque capituli , ubi volebamus proponere verbum dei , manifestè impediverunt nos verbo & facto , ne possemus ibidem officii nostri debitum exercere . et quamdiu in corpore ipsius ecclesiae sancti pauli fuimus praesentes , divinae laudis organa prosuae voluntatis libito suspenderunt ; in manifestam injuriam , & grave praejudicium cantuariensis ecclesiae , ac animarum periculum & scandalum plurimorum . nos igitur offensam hujusmodi manifestam , nolumus , sicut nec debemus relinquere impunitam , ne caeteri exemplo similem assumant audaciam resistendi : praemissa competenti monitione , quia nos ab exercendo visitationis officio tàm temerè & inhumaniter repulerunt , nec nobis super hoc parere & satisfacere curaverunt , henricum decanum , petrum archidiaconum , robertum cantorem londoniae , magistrum gulielmum de lichefeldia , gulielmum la feite , & robertum dictum monachum , canonicos londoniae , qui irreverenter se opponebant , & praesentes aderant , & quos in hujusmodi contumatiae rebellione & contradictione , evidenter nobis constabat esse culpabiles : auctoritate omnipotentis dei , & beatorum apostolorum petri & pauli , & beatissimi patroni nostri sancti thomae martyris gloriosi , in scriptis excommunicamus , et excommunicatos fore publice nunciamus actum . londoniae in praedicta ecclesia sancti pauli , die martis post ascentionem domini , anno ejusdem . auditis igitur & plenius intellectis , quae a partibus fuere proposita hinc inde , nos praemissae verba sententiae perspicaci discretionis examine ponderantes , ac volentes super hoc prolixae concertationis materiam quae in utriusque partis protelaretur dispendium , remedio salubris compendii removere : de praedictorum fratrum consilio pronunciando decrevimus , praedictam sententiam quatenus in praedictos henricum decanum , petrum archidiaconum , robertum cantorem , & alios canonicos londoniae , propter delictum memorati capituli noscitur promulgata , nullam penitus extitisse , ipsosque per eam aliquo vinculo non teneri , nec per denunciationem ipsius notandos esse aliquatenus vel vitandos . super eo verò , quod idem proponit archiepiscopus , se in eos propter delictum ipsorum dictam sententiam protulisse , ipsum sicut de jure fuerit audiemus . ideoque discretioni vestrae per apostolica scripta mandamus , quatenus praedictae sententiae denunciationes , quas ut dicitur contra praefatos decanum & alios fieri facit archiepiscopus supradictus , quatenus in praedictos canonicos londoniae ob delictum capituli est prolata , faciatis omnino cassare : contradictores auctoritate nostro , appellatione postposita , compescendo . quod si non omnes hiis exequendis poteritis interesse , duo vestrum nihilominus exequantur . datum lugduni , quinto calendas octobris , pontificatus nostri anno octavo . this year there were extraordinary tempests , stormes and inundations of the sea in england and sundry other places , which matthew paris relating at large , makes this inference from them , that they were signs of gods extraordinary indignation for the unspeakable enormities and injustice of the see of rome . insolita maris inflatio & commotio , &c. ut manifestè ira dei tàm in mari , quàm in terra mortalibus appareret , secundum illud abacuc vaticinium , vindicta videretur peccatorum imminere . nunquid in fluminibus iratus es domine , vel in mari indignatio tua ? et quid mirum ? a romana enim curia , quae sons esse totius justitiae tenetur , enormitates irrecitabiles emanarunt . quarum unam indignam scribi , huic parginae duximus inserendum . licet prior de binham jus plenarium haberet in ecclesia de westle , in usus proprios habenda , utpote per collationem patroni , confirmationemque duorum episcopo rum , & eorundem capituli , de tribus romanae ecclesiae pontificibus , lucio videlicet , eugenio & gregorio nono , quidam januensis , spurius , et illiteratus , tales à domino papa literas , contra jus et pietatem impetravit . innocentius episcopus , &c. dilecto filio magistro b. de nympha , scriptori nostro in anglia commoranti , salutem & apostolicam benedictionē . cum dilectus filius noster n. camerarius noster , quondam reinerio de solerio praeposito yporiensis nuper viam universae carnis ingresso , ecclesiam westleiae eliensis diocesis , quam spectantem ad praesentationem dilectorum filiorum prioris & conventus de binham , ordinis s. benedicti , idem praep●situs dum viveret obtinebat in partibus anglicanis , dilecto filio herrigetto clerico , nato nobilis viri pertini de malachana de volta , civis ianuensis , auctoritate nostra duximus conferendam , decernens irritum et ●uane , quicquid de ipsa contra collationem suam contigerit attentari . nos quod à dicto camerario factum est in hac parte , ratum habentes , discretioni tuae per apostolica scripta mandamus , quatenus procuratorem ipsius h. vel alium quem volueris , ejus nomine in possessionem ecclesiae memoratae , amoto ab ea quolibet detentore , per te vel per alium procures inducere corporalem , et tuearis inductum , contradictores per censuram ecclesiasticam , appellatione postposita , compescendo . illa indulgentia non obstante , per quam anglis est indultum , quòd itali clerici decedentis beneficium , vel cedentis alius italicus immediatè nequeat obtinere , seu aliqua alia , de quae oporteat in praesentibus fieri mentionem , aut per quam hec collatio sen assignatio valeat impediri , vel etiam retardari , seu constitutione de duabus dietis edita in consilio generali . datum lugd. cal. maii. pont. nostri anno . the same year , the pope having a design to remove to burdeaux , then under king henry the third his dominion , and from thence into england , and sending solemn nuncioes to king henry for this purpose , he was thereupon put to a great dilemma , to avoid the popes displeasure on the one hand , and manifold inconveniences of granting his request which would accrue to his crown and subjects , on the other hand ; which he thought best to evade by delayes . tempore quoque sub eodem , missis solennibus nunciis , dominus papa postulavit dominum regem angliae , ut liceret ei saltem apud burdegalim civitatem suam in gasconia commorari . fratres enim domini regis francorum eum districtè convenerant , rogantes ex parte dicti regis & sua , ut pacem iniret cum frederico humiliato , & satisfactionem ecclesiae humiliter offerenti , sicut honorem universalis ecclesiae diligebat . imponebant etiam illi dicti regis fatres , videlicet pictaviae & provinciae comites , quod per papae avaritiam totum evenit infortunium memoratum . ipse enim papa cruce signatos , ne in succursum regis advenirent , pecunia corruptus impedivit , et absolvit a voto suae peregrinationis , quos paulò antè per suos mittit praedicatores & minores crucesignavit . praeterea cruce signatos comiti r. et aliis vendit magnatibus , sicut olim judaei consueverunt , oves et columbas in templo vendere , quos deum legimus in evangelio ira punitos ejecisse . his autem persuasionibus , difficilem se papa exhibuit & inexorabilem , unde durius verbis & litigiosis dominus papa & dicti comites ab invicem recesserunt , & versus angliam ire maturaverunt , ut dominum anglorum regem persuaderent , quatenus ad succursum francorum regis praesentiam suam desiderantis & expectantis , secundum votum suum , sicut honorem christi desideravit , properaret . arctabatur igitur rex angliae vehementer , quod si paecluderet vias papae , fratrem suum aethelmarum papa offensus minimè promoveret : si sinum panderet e● refugii , fredericum , per cujus terras necesse transire habet peregrinaturus , in iram provocaret . francis quoque non placeret . praeterea , quod multum prudentiores angliae perterruit , si papa in burdegali commoraturus reciperetur , posset in brevi tempore per navigium in angliam navigare , et illam praesentia sua deteriorare , et ut timetur , coinquinare . qui enim senserant illam suis corrumpi caursinis usurariis , magis formidabant ipsum sua curia , si praesens esset , quod absit , maculari . ( such a dangerous , unclean , unwelcome guest was his holinesse then reputed , even in time of popery to his ghostly sons , that they would rather have his room then company . ) ideo super hoc propensius consilium regis protelabatur . the bishops and clergy of the province of canterbury , to avoyd the turbulent visitation and exactions of archbishop boniface , made a tax and collection to defray the expenses of their appeals and oppositions against him in the court of rome , which our historians thus relate . episcopi angliae interim cognoscentes ex dicti episcopi ( lincolniensis ) relationibus , nuper a curia romana redeuntis , & aliorum , quos miserant , procuratorum & exploratorum suorum , quod archiepiscopus cantuariensis laqueos damnosos ipsis parare moliebatur , pecuniam , ad expensas in curia romana effundendas , collegerunt : quae , pecunia interveniente , more arundinis ventis agitatae , huc illucque flecti consuevit . acceperunt igitur à beneficiatis , de qualibet marca duos denarios . gravè enim erat , quod postulavit exactor memoratus , videlicet visitationem et procurationem totius cleri et populi in sua , quae ampla fuit , provincia . quae propter hoc magis angebat universos , quod constat ipsum archiepiscopum morum & scientiae mendicum , ad ipsam visitationem , non propter religionis augmentum , vel morum reformationem , sed propter emolumenta turpia , et jam sibi consueta , certius inhiare ; as most usually did in such visitations . diebus quoque sub eisdem , cantuariensis archiepiscopus cauteriatam suam sentiens conscientiam super enormi facto quod londini perpetraverat , maximè in ecclesia sancti bartholomaei , missis clanculo nunciis , tàm comminationibus quàm blanditiis , & tàm ex parte regis & reginae , quàm ipsius archiepiscopus vocem querulam canonicorum supprimere procuravit . moreover , cantuariensis archiepiscopus perpendens , quod ex enormi facto , quod londini in ecclesiis canonicorum sancti bartholomaei perpetraverat , infamiae & scandali foetor sulfureus totius regionis infecerat latitudinem , missis cautè nunciis , clamorem eorum blanditiis & promissis , admixtis comminationibus , suppressit . ipsi igitur tum quia pauperes , tum quia potens erat archiepiscopus , seipsum etiam manifestè culpabilem justificare , in patientia sua animas suas possidentes , siluerunt , deo & beato bartholomaeo causam suam commendantes . tempore quoque sub eodem , archiepiscopus cantuariensis bonifacius comperiens quod decanus sancti pauli , concomitantibus quibusdam ejusdem ecclesiae canonicis , & eorum quos laeserat procuratoribus , consilio legistarum animatus , & regis literis & protectione armatus , necnon & generis sui potentiae consisus , ut fortior fieret in tyrannide , per papalem auctoritatem , curiam romanam aditurus , in magna pompa et apparatu transfretavit . boniface being at rome , verissimas contra se commotiones paratas intelligens , adversarios tâm regis ac reginae , quàm suo nomine partim minis , partim blanditiis compescuit . deinde ut provinciam cantuariensem ad nutum suum in perpetuum prostraret , egit cum papa , de visitationis suae jure ejus authoritate firmando , quod cum intellexissent suffraganei , pecuniam grandem ad suppeditandos in jure sumptus in curia romana ( quae , pecunia interveniente , more arundinis ventis agitatae , huc illucque flecti consuevit ) conflaflabant . what the issue of his journy , and the contests between him and his suffragans was before the pope , * matthew westminster thus summarily relates . tandem post multas hinc inde expensarum effusiones , & laborum diversas vexationes , determinatum est , ut suam archiepiscopus ( secundum jus commune ) rationabilius & tolerabilius exerceret jurisdictionem , & sic visitationem prosequeretur , sub diffinita modificatione , & mota cessavit tempestas : of which more afterwards . what jurisdiction and interest king henry the d. claimed and exercised this year in the election , confirmation of bishops , and disposition of bishopricks , these ensuing passages will inform us . eodemque anni tempore , obiit episcopus roffensis . cujus loco monachi roffenses elegerunt magistrum laurentium de sancto martino , domini regis clericum & consiliarium specialem , ne si forte alium elegissent , se rex electioni opposuisset . he got a dispensation from the pope to hold all his former livings in commendam with his bishoprick , a practice newly invented . eodemque anno , circa festum sancti matthaei , apud turonim obiit episcopus wintoniensis willielmus ; qui , ut sibi parceret in expensis , ibidem circiter undecim mensibus moram cum castigata familia continuaverat . obligabatur enim episcopatus ejus debitis inaestimabilibus contra papam , ex illo tempore excrescentibus , quo dominus rex ipsum episcopum persequendo ab anglia exturbaverat . cui sinum consolationis dominus papa opime remuneratus tunc pandebat , ut * praescriptum est . facta igitur pace cum papa , & rege incurvato , ut pecuniam pactam ci●iùs coacervaret , qua ecclesiam suam liberaret , solitam rescidit mensae dapsilitatem & familiae numerositatem . moriturus igitur , cum viaticum salutis videret afferri , cum in ostio intrans sacerdos , eucharistiam bajularet , ait , expecta amice , dignum est , ut dei mei proditor obviam ei trahar , & meritò ut detractor : & sic manibus ministrorum , qui ei obtemperaverunt , obviam corpori christi tractus , cum lachrymis & contritione viaticum assumpsit salutare . et sic in timore dei spiritum contritum exhalavit . quod cum dominus rex audisset , laetas querelas ac breves cum siccis lachrymis emittens , omni quo potuit statim nisu conabatur , ut in loco ipsius frater ejus aethelmarus , licet ordine , aetate , et scientia insufficiens , substitueretur . misit igitur illico duos de praecipuis clericis suis quos noverat ad omnem suggestionem sagacissimos , wintoniam cum literis ejus , ut accumulantes blanditias minis & promissis , animos monachorum ecclesiae cathedralis , ad quos pertinet electio , ad hoc inclinarent , ut ipsum aethelmarum omnes in episcopum postularent , & suarum pastorem animarum . et qui ad hoc mittebantur fuerant johannes mansell , & petrus chaceporc , clerici , qui ut desiderium regis effectui manciparent , summam diligentiam adhibuerunt , & quamplurium monachorum corda enervarunt , ut eundem aethelmarum postularent in praesulem . postularent , inquam , quia ad praesulatus culmen omnino fuerat insufficiens et ineptus . deinde elapsis circiter quindecim diebus , quibus quotidie dicti clerici instantissimè elaboraverant , ut eorum qui in conventu constantiores videbantur , ad regis terreni , spreto regis coelestis timore , voluntatem incurvarentur , venit ipse rex wintoniam , & illico ad ecclesiam sancti swithini , videlicet cathedralem accedens , quasi episcopus vel prior venit in capitulum , et ascendens sedem praesidentis , sermonem sedens hunc inchoavit , sibi thema praefigendo . jvstitia & pax osculatae sunt invicem , &c. & continuans sermonem , addidit : ad me et reges alios , necnon et principes et iustitiarios nostros , qui habent mediante iustitia populos gubernare , pertinet rigor iudicii et iustitiae . ad vos autem , qui estis pacis homines & religionis alumni , pertinet pax & tranquillitas . hodie autem , quia ut audivi , petitioni meae , ut benè sit vobis , favorabiles vos foeliciter exhibuistis , justitia & pax osculatae sunt . quod est dictum : aliquando vobis mihi rebellibus in postulatione willielmi de rale , episcopi vestri jam defuncti , mihi non accepti , gravis extiteram : nunc autem vobis favorabilis factus sum amicissimus , & memor vestrae benignitatis , gratissimus impensor vicissitudinis . praeterea , constans est per mulierem primò ruinam mundo evenisse , & per mulierem remedium . similiter in casu praesenti , ut uxori meae , scilicet reginae , avunculum suum willielmum electum valentinum promovere in hunc episcopatum desideranti , satisfacerem , vos aliquando sollicitans inquietavi , & inquietando damnificavi : nunc autem ego , nimirum volens fratrem meum uterinum promovere , qui ratione mulieris , scilicet reginae isabellae matris nostrae , mihi indubitanter sanguine fraterno conjungitur , vobis reconciliabor , vosque & ecclesiam vestram efficaciter promovebo , & praecordial is amicitiae brachiis amplexabor . caeterum , libra rationis debetis non ultimò ponderare , quod in hac civitate natus fui , & in hac ecclesia baptizatus : unde majoris dilectionis mihi vinculis astringimini , nec debetis quomodolibet meae voluntati contraire , sed in omnibus prompta devotione obsecundare . nec vacat à causa consensus gratissimi , quod idem frater meus aethelmarus postulandus ecclesiam istam , velut sol , radiis suae regalis generositatis , quae fulget ex parte genitricis , & praeclari sanguinis , quo pollet ex parte genitoris , & suae gratissimae benignitatis & juventutis , qua deo complacet & hominibus , per longa tempora , ut speramus , illustrabit . ite igitur in pace , et inito consilio cito revertentes , sine alicujus contradictionis scrupulo , pium propositum nostrum , de quo mihi spem dedistis , palam coram me & omnibus electum , vel postulatum vestrum communi assensu aethelmarum fratrem meum foeliciter nominetis . et in calce sermonis superaddidit , quod si ipsos monachos persuasionibus suis rebelles inveniret , profecto confunderet universos : secundum illud poëticum , — stricto supplicat ense potens . monachi igitur sedentes , in arcto positi , super his diligenter conferentes , pristinas tribulationes , quas pro will. electo val. graves , & graviores pro postulatione will. episcopi eorum jam defuncti , perpessi sunt , memoriter recitarunt , dicentes : ecce preces domini regis armatae , quibus contradicere grave est ac nimis formid●b●le , ac ecclesiae nostrae periculosum ! papa enim regi in omnibus odtemperat , & quia in arcto positus , principes offendere vitat & formidat . unde si secundam idoneam personam aliam quam fratrem suum eligeremus vel postularemus , rex in iram , imò furorem versus , factum nostrum , licet sanctum petrum , si superstes esset , constitueremus , cassando , nos persequeretur , et si hinc regem haberemus inimicum , et inde papam qui corruptibilis est , potenter adversantem , quasi inter duas molas contritis , immineret confusio cum ruina inconsolabili . praeterea , postquam will. episcopum norwicensem in episcopum nostrum promovendo postulavimus , & colla nostra ejus jugo , rege invito & constanter contradicente , & nos opprimente , supposuimus , idem w. postquam plenam adeptus est potestatem , nos licet indigena & legum terrae peritus , & quae sperabimus per omnia deo placitum , & nobis frugalem , immisericorditer persequebatur , & irrestaurabiliter damnificavit , acceptorum immemor beneficiorum , & innumerabilum quas pro eo toleravimus injuriarum . unde incarcerabamur capti , tracti & fustigati , fame affecti , cruentati , & quasi fures compediti . in quem igitur de caetero poterimus confidere , in quem sperare ? in quo salutem expectare ? hinc scyllam , illinc charybdem formidamus imminentem . si autem hoc egerimus , mors nobis est : si autem non egerimus , manus regias non effugiemus . praeter haec etiam , quod nos debet meritò deterrere , si memoratum aethelmarnm in episcopatum promoveamus , semper erit electus , non episcopus , quod nunquam contigit huic ecclesiae , nec utinam contingat . item forte impetrabit a papa , ut remaneant sibi electo , quos jam obtinet , redditus infiniti . quid enim his temporibus non obtinent et impetrant in curia romana , munera effundentes ? quod si hoc , nulli in anglia in divitiis & potestate praeterquàm vix regi secundus existet , & tunc poterit , si placuerit , sed utinam non patrisset vel pictaviset , totam angliam in pictaviam , vel pictaviam tanquam regni ostiarius potentissimus redigere in angliam , & sic anglorum de sub coelo delere memoriam . tandem post multas , quibus involvebantur , angustias , videntes dies malos , nec ad sinum patris nostri papae , qui solet ad eum confugientibus suffragari , patere refugium , voluntati regiae coacti sunt in arcum pravum conversi incurvari . postularunt igitur voce communi , sed non corde unanimi , in episcopum & animarum suarum pastorem spiritualem aethelmarum , fratrem regis uterinum , ex patre hugone bruno , comite de marchia & isabella , quondam angliae regina , uxore sua , procreatum , natum in pictavia , licet aetate , scientia , & ordine insufficientem , annuis redditibus innumerabilibus archipraesulatui condignis abundantem , monachi wintoniensis regis victi importunitate , & de papae adjutorio desperantes . sic igitur ipsum aethelmarum tanquam electum suum vel postulatum , in praesentia domini regis solenniter in propatulo nominarunt , addita conditione tali , si videlicet possit talis ex dispensatione domini papaead dignitatem pontificis promoveri . rex igitur vultu , gestu & voce exaltata gaudium protestans , jussit roberto de sothindona cleri●o suo & electo rhetori , ut elegantissimam & efficacissimam epistolam super his componeret , domino papae trasmittendam , in qua precibus urgentibus , comminationes terribiles & aduberes intermisceret promissiones . missit igitur dominus rex nuncios solennes & eloquentes qui bene norunt tam papam quam cardinales ad suum incurvare propositum , ad romanam curiam , ut ipsam papam super hoc arduo negotio , domino regi tam placido & praecordiali , convenirent , & ad assensum tam prece quam pretio vigilanter inclinarent . proh dolor , ut quid mundi languor amplius protelatur , quoniam exularunt pax & justitia , de quibus rex sermonis ac praedicationis suae sumpsit exordium ? ubinam libera electio ? pax ecclesiae quam inviolabiliter juravit rex tenere in coronatione sua primitiva ? heu , heu , modo contemptis regni naturalibus , viris sanctis , literatis & religiosis , intruduntur alieni , honore quolibet indigni , literarum & idiomatis anglicani penitus ignari , confessionibus , praedicationibus omnino inutiles , nec compositi , nec moribus informati , pecuniae extortores , animarum contemptores . quondam sancti viri , religiosi , et literati , spiritu sancto cooperante et revelante , ad cathedras , licet renitentes , trahebantur , quas per fas aulici , tribunales , vel barbari occupant violenter . omnes jam domus , ad quas electio pertinet pontificalis quam conventuales , cum vacantes ad manus regis devolvantur , quae utique manus defensiva esse teneretur & protectiva praedae patent & rapinae . o papa patrum pater , ut quid permittis christianorum climata talibus inquinari ? merito igitur , merito ab urbe et sede pulsus propria , tanquam et profugus alter cain cogeris exulare : prosperantur hostes tui fredericales : fugis fugantes , et qui te persequuntur , sunt veloces et potentes . ubique in tibi subjectos tua bulla fulgurat , sed vilescit apud rebelles . ubique suspensis a beneficiorum collationibus praelatis , jubentur fieri * provisiones , sed indignis , barbaris , et ignotis qui ab ovibus ovilis dominici lac querentes , carnes , et vellera tondent , radunt , excoriant eas et eviscerant . nec alicui a piis patribus indulata privilegia possunt suffragari . inter caeteras quoque nationes et regiones , anglia ubi , ut novit mundus , plus viget fides christiana , vilius conculcatur , suisque bonis et laboribus opprimente papa spoliatur . nullus ei , si ipsa cuilibet fit praedoni . ubinam scitur anglicus aliquis redditum habere in patribus romae , italiae , januae , vel regnorum aliorum , cum tales in anglia rapiant universa . o deus ultionum domine , quando exacues ut fulgur gladium , ut cruore talium inebrietur : profecto peccata nostta nobis gravamina merito talia praepararunt . aethelmar going to rome with the kings letters of recommendation by his great friends and money obtained from the pope not only a confirmation of his election , but likewise a dispensation to hold all his former rents and benefices , notwithstanding his youth , want of learning , and insufficiency for so great a cure of souls . anno dom. . circa idem tempus , ( calend. martii ) confirmatus est in episcopatum wintoniensem à domino papa aethelmarus frater domini regis uterinus , non obstantibus juventute et literarum ignorantia , et omnimoda ad tantam dignitatem , et tot animarum regimen insufficientia . concessa est etiam eidem a domino papa tanta gratia , ut prius obtentos redditus retineret . procuravit enim haec omnia urgenter , domini regis vigil diligentia . sed ne videretur dominus papa in sterili littore , sine messis utilitate seminasse , illico exegit a rege provideri filio comitis burgundiae puerulo , in redditu quingentarum marcarum . so as he gained on all hands by this bargain . laurentius de s. martino bp. elect of rochester , obtained the like confirmation and dispensation with aethelmar : quibus concessum est , et per aliquot annos sequentes redditus prius obtentos retinere . et sic jam in consuetudinem et usum haec abusio suscitatur , ut quis ad episcopatum vocatus , non episcopus permaneat , sed electus , ut scilicet pastor non pascat , sed pascatur . et ut episcopatus pristinos redditus retineat , ut multiforme monstrum habeatur . et ut aliquis episcopus ad alium episcopatum ditiorem postulatus , transferatur , ut una ecclesia , alterius pellex habeatur . an unsufferable abuse , continuing ever since without redresse , to the great scandal of religion , and prejudice of the peoples souls . in the mean time , as matthew paris observes , * fuit autem dominus rex ad natale domini apud wintoniam . et quia sedes episcopalis vacabat ▪ & ad eandem postulatus fuerat aethelmarus frater ejus , ut praedictum est , cohibuit manus rapaces , ne bona distraheret episcopatus , ut solebat . veruntamen quia aegrè dediscitur usus , sylvas praecepit abscidi & vendi , & inde pecuniam aerario suo addi accumulandam , licet satis diceretur ei , quod peregrinaturis & deo militaturis , talis rapina nullatenus fuerat profutura . the bishop of london being involved in the archbishops * premised excommunication , he thereupon anno . made these propositions to the archibishop for an amicable accord between him and the rest of his diocesans , who refused to embrace them . ad hoc quod dominus archiepiscopus monet dominum londinensem , ut mandatum suum directum priori sanctae trinitatis revocet , petit dominus londinensis , ut exhibeatur ei illud mandatum , in quo si fuerit aliquid corrigendum vel revocandum , paratus est illud facere quatenus fuerit de jure faciendum . petit dominus londinensis , ut idem unà cum ipso eligant quatuor viros probos , fide dignos & jurisperitos , & ipse unà cum quinto comuniter electo , audiant rationes domini episcopi , pro se & subditis suae ecclesiae ; & rationes domini cantuariensis , circa factum visitationis , & terminent negotium ( si fieri possit ) cum pace . et si non conveniant in unam sententiam , consulant dominum papam , & expectetur ejus diffinitio . aliter . petit dominus episcopus , quod dominus archiepiscopus de facto revocet quod de facto fecit , circa sententias suas , per legitimas appellationes praeventas ; & medio tempore , quiescat ab executione visitationis insolitae ; & faciat convocationem de fratibus coepiscopis , & habito consilio eorum & deliberatione cum ipsis , fiat provisio quid faciendum sit , cum justitia , pace & honesta ipsius archiepiscopi & subditorum . et ipse episcopus cum subditis suis : et si fuerit dissensio inter episcopos , promittit pro se , quod majori & saniori parti adhaerebit . aliter . petit dominus londinensis , quod facta revocatione sententiarum suarum ( sicut superius petitum est ) dominus ▪ archiepiscopus procedat ad visitationem reliquorum episcoporum provinciae , sicut fecit in visitatione personae : & subditos suos dimittat in pace , donec dominus papa consultus , post audita & intellecta gravamina ecclesiarum , ordinet expressè quid sit in talibus finaliter agendum . notandum quoque , quod praecisè denegavit archiepiscopus tam episcopo quam canonicis , copiam sui autentici . what arguments induced the bishop of london to make these propositions , is thus related at large by matthew paris the year following . * verum rex in honores ecclesiasticos , alienos indignos procuravit vigilancer sublimari , & sublimatos contra anglos armare & animare , & in causis defendere ventilatis . scripserat namque rex domino papae devotissimè supplicans , ut favorabilis esset archiepiscopo cantuariensi bonifacio , in causa quae inter ipsum & praelatos angliae vertebatur , & maximè inter ipsum archiepiscopum , & episcopum , & canonicos londinenses , ut nullo modo archiepiscopus à suo frustraretur desiderio : ( were it right or wrong , just or unjust . ) haec autem satis sagaci considerationis acie perpendens episcopus londinensis , quem nuper enormiter injuriando archiepiscopus excommunicaverat , et excommunicatum longe lateque fecit denunciari , ait infra se : honor angliae in praecipiti declinat ; archiepiscopus me , & omnes anglos persequitur . alienigena indigenam & sanguine nobilium anglorum insignitum . si igitur rex occasionem in me & genus meum saeviendi haberet , ad hoc insurgeret laetus & festinus , & meos consanguineos bonis suis quomodolibet spoliaret , & eisdem bonis alienos locupletaret . et sic in anglia mala malis possent accumulari . his igitur subtiliter pensatis incommodis , quasi inter duas molas contritus , angustiabatur , hinc honor & causa ecclesiae suae , hinc impetus regalis iracundiae , ipsum hinc inde distrahebant . tandem verò , ut minus malum subiret , praeelegit , quamvis laesus & quamvis passus injuriam , ad tempus humiliari , & jurare stare provisioni archiepiscopi licet adversantis , potius quàm regalis impetus diserimen experiri : & sic absolutus est à sententia qua innodabatur , admirantibus multis quod illius prophetici comminatio non timebatur : vae qui justificatis impium , &c. but what would not carnal fears , self ends , and worldly respects then induce our english prelates to do , both against their judgements , consciences , and churches interests , in that age of wonders ? for matthew paris and matthew westminster conclude this year . with many strange remarkable observations , out of which i shall only abstract what is most pertinent to my subject matter , omitting the rest . completo igitur hoc anno , jam fluxerunt de tempore gratiae viginti quinque quinquagenae annorum , id est , mille , ducenti , & quinquaginta . notandum autem est , & non leviter attendendum , quod in nulla illarum quinquagenarum , scilicet . sicut in ista ultima quinquagena , quae jam praeteriit , videlicet vigesima quinta , tot mirabilia , et insolitae novitates evenerunt , ut in ista ultima . et sunt quidam & multi historiarum scriptores , & diligentes inspectores , qui dicunt , quod nec in omnibus aliis quinquagenis visa sunt tot prodigia et novitates admirandae , sicut in hac jam terminata . et his tamen majora cum formidine expectantur . in hac enim , praedicante magistro olivero , in partibus germaniae , apparuit omnibus manifestè christus crucifixus in aëre : ( by the popes persecuting , excommunicating , deposing the emperor , and encouraging his subjects with other christians to take up the sign of the crosse to raise souldiers , armies , monies to murther and destroy him , as worse then any saracen . ) recessit graeca ecclesia a subjectione romana ecclesiae , propter ejusdem romanae ecclesiae varias enormitates , maxime in usuris , symoniis , justitiae venditionibus , et aliis injuriis intolerabilibus . anglia interdictum passa est per annos circiter septem : regnum quoque angliae per tantundem fere temporis , bellum toleravit intestinum . tandemque per inertiam regis johannis , tunc regnantis , facta est tributaria . idem rex johannes normanniam , & multas alias terras ultramarinas amisit : angliam & hiberniam , innocentio . papae jure tributario subjugavit . idem rex anglorum johannes , juxta quorundam prophetias quando obiit , nihil terrae pacifice possedit , unde exterris dicebatur . privilegia autem sanctorum patrum romanorum suo robore privantur et authoritate , per hanc adjectionem ( non obstante ) non * sine eorum injuria et contemptu . permissum est uni personae fructus plurium episcopatuum recipere , permissumque est alicui , in episcopatum promoto , pristinos redditus prius obtentos retinere . prohibentur , et postea pecunia interveniente , permittuntur aliqui plures ecclesias habere , et legitimantur spurii . prohibitum est ne quis ecclesiae patri immediate succedat , sine papali dispensatione , vel illegitimus ad dignitatem promoveatur . otto imperator romanorum , persequente innocentio tertio papa , miseram passus est ruinam in praelio , victus , excommunicatus , et cassatus . otho et fredericus , papae rebelles imperatores , confunduntur : quibus prostratis culmen emarcuit imperiale . papa duos in apicem imperii promovere conabatur ; sed antequam elevarentur elisit eos dominus , videlicet henricum de raspen , landegravium de hassiae & thuringiae , & comitem sowartzemburgi , ac gulielmum comitem hollandiae , &c. gulielmus tamen coepit infra memoratam quinquagenam elevari , sed cito post periit interfectus . captus est , et totus exercitus ejus dissipatus . concilium generale bis celebratum , romae scilicet , & lugduni : in ultimo , cassatus est imperator romanorum fredericus . in mari * non procul à janua captus est otto cardinalis , quondam legatus in anglia , cum pluribus archiepiscopis , episcopis , abbatibus , praelatis , & januensibus , è quibus multi sunt submersi . papa velut exul et ab vrbe expulsus aut fugitivus , aut latitans , moratur agnaniae et perusii , persequente frederico imperatore . qui imposuit ei , quod cum deo militaret in terra sancta , imperium nitebatur occupare . templarii quoque ex odio papali sumentes occasionem , eum voluerunt soldano tradere babyloniae . post obitum gregorii papae , vacavit sedes papalis per annum & novem menses . tres apostolici viri sederunt infra duos annos . unus quoque cardinalis omnibus praestantior cardinalibus , anglicus natione , magister scilicet robertus de sumercota , de quo timebant alii , ne in papam eligeretur , in palatio , quod regia solis dicitur , dum de electione tractaretur , obiit , invidia , ut dicitur , stimulante suffocatus . tandem electus sinebaldus cardinalis , qui & dictus innocentius quartus , sequens sui praedecessoris vestigia , ipsum imperatorem fredericum excommunicavit ; fugiens igitur de loco ad locum ejus persecutionem , tandem venit lugdunum , ibi tutius latitavit . iste tamen nullatenus flagellum domini castigantis recognoscens , ecclesiam plus gravabat quam antecessores ejus universos ( addes matthew westminster . ) lugduni concilio generali celebrato , ( papa ) ipsum fredericum imperatorem deposuit , et extorta ab ecclesiae praelatis impudenter infinita pecunia landegravium de duringa , et postea willielmum comitem hollandiae , nitebatur promovere in imperium . sed uno mortuo alio victo , minime profecit in proposito . vsurarii , qui nomine christiano censebantur , dicti caursini , papa tolerante primo , et postea manifeste protegente , ( cum sit usura in utroque testamento condemnata . ) permissi sunt in anglia , ibique receptacula et pacem inveniunt , et jam quasi licite , ut habitent christiani usurarii inter christianos ; et se sine rubore , mercatores vel escambiatores nominant papae . suspenduntur praelati a collationibus beneficiorum , donec satisfiat avaritiae papali , de indignis barbaris suis , pro quibus scribit ut eis provideatur in quantum duxerint acceptandum ; qui nunquam in anglia apparuerunt , nec de animarum custodia quicquam curaverunt . plurium ordinum fratres scatent , nunc praedicatores , nunc minores , nunc cruciferi , nunc carmelitani . in alemannia autem , mulierum continentium , quae se beguinas volunt appellari , multitudo surrexit innumerabilis , adeò ut solam coloniam mille vel plures inhabitarent . praedicatores vero & minores , primo vitam pauperem & sanctissimam deducentes , praedicationibus , confessionibus , divinis in ecclesia obsequiis , lectionibus & studiis penitus intendebant , paupertatem voluntariam pro deo , relictis multis redditibus , amplectentes , nihil in victualibus usque in crastinum sibi reservantes . sed infra paucos annos sese sollicite instaurabant , aedificia sumptuosa nimis construentes . papa insuper de ipsis licet invitis , suos fecit telonarios nuncios , et multiformes pecuniarum papalium exactores , et sedulos collectores , praedicando , crucesignando , et iterum facto fine resumendo : infirmis morituris et testamenta condituris assistendo ; omnia ad commodum domini papae diligentes negotiatores , multimodis armati potestatibus , convertebant . videbatur igitur tempus innovari , de quo plenus spiritu sanctorum ommum factus , in principio regulae suae commemorat benedictus , ubi de generibus diversorum tractat monachorum . nec est ipsius sancti benedicti , vel beati augustini , à suae principio constitutionis per tantum temporis ordo retrogressus , &c. nobilis sedes & ecclesia cantuariae , tot sanctorum praedecessorum archipraesulum illustrata sanctitate , à penitus insufficiente , rege intrudente , occupatur , ecclesiarum vacantium fructus primi anni , per totam ejus provinciam per , spacium septem annorum emungente , eodem et multos opprimente , exemplo lincolniensis episcopi provocatus , qui super canonicos suos renitentes potestatem visitandi impetravit . saracenis hoc ultimo hujus quadrageno annorum ad votum triumphantibus , totus christianorum exercitus ( proh dolor ) truc●datur in aegypto , ex omni franciae , templi , hospitalis , sanctae mariae theutonicorum , & sancti lazari , constans nobilitate . ubi etiam captus est cum duobus fratribus , pictaviae & provinciae comitibus , pius francorum rex lodovicus . willielmus quoque longa spata , cum multis angliae nobilibus , ibidem interiit interfectus . roberto fratre dicti regis , comite scilicet atrebatensi , fugiente de praelio & submerso . papa et tota curia romana , eo quod crucesignati venduntur , et absoluti pro pecunia absolvuntur , et multiformiter retardantur , gratiam tam cleri quam populi diatim amisit . tota christianita ex odio et discordia inter ipsum papam et fredericum exortis , bellis suscitatis perturbatur , et ecclesia universalis periclitatur , &c. to omit the several prodigies and distempers of all the four elements this year , which he there musters up as sad omens of gods indignation for the popes and clergies unparallel'd sinnes and corruptions ; he subjoynes , obiit insuper stupor mundi fredericus , die sancto luciae , in apulia : being there once poysoned by the popes instigation , & not dying presently thereof , he endeavoured to poyson him the . time , by peter de vineis , his bosome friend , had it not been discovered . the manner whereof is thus recorded by mat. paris . eodem anno ( . ) fredericus , ut dominum papam invaderet , rediit in apuliam , ut dicitur potionatus . qui cum graviter infirmaretur , consilium habuit à suis physicis ut purgationem medicinalem , & postea quoddam balneum ad hoc specialiter praeparatum , acciperet . habuit autem magister petrus de vinea , qui ipsius frederici familiarissimus consilarius & singulariis animae illius custos fuerat , quendam physicum secum , qui ex praecepto frederici quam ipsius petri , ad purgationem dictam necessaria praeparaturus , subdolus accessit : de consilio enim ipsius petri , venenum lethiferum & efficax valdè potioni immiscuit , & balneo , ut dominum suum in ipsis perimerent confidentem . ecclesiae autem inimici dixerunt , quod dominus papa ad hoc facinus cor petri enervando muneribus et pollicitis maximis inclinarat . fredericus verò super hoc scelere per aliquem amicorum suorum in ipsa hora qua sumendus fuit potus ille praetaxatus , secretiùs praemonitus & pleniùs edoctus , physico potionem ostendenti & petro , ait : amici , confidit in vobis anima mea . caveatis , supplico , ne mihi in vobis confidenti virus pro medicina porrigatis . cui petrus , o domine mi , pluries dedit iste meus physicus salutarem vobis potionem , quare modò formidatis ? fredericus autem ostendenti cyphum physico dixit , torvo tamen aspectu , & posita à tergo custodia , ne evadere possent proditores : propina mihi potum dimidicando . physicus igitur obstupefactus , & sibi conscius de scelere , simulans offendiculum pedibus lapsum fecisse , corruit in faciem suam , & venenum effudit pro majori parte . minimam autem , quae superaret partem , damnatis quibusdam jussit extractis de careere dare , & statim miseras animas exhalarunt . certificatus igitur de proditione lethifera sibi praeparata , jussit physicum suspendi , & meritò petrum exoculatum per multas itali● & apuliae civitates fecit adduci , ut in propatulo coram omnibus conceptum facinus confiteretur . tandem jussit idem f. ut pisani , qui ipsum petrum inexorabiliter oderant , praesentaretur perimendus . quod cum audiret petrus , ne arbitrio hostium moreretur , quia ut dicit seneca : arbitrio hostis mori , est his mori : ad columnam , ad quam alligatus fuerat , caput fortiter allidens , seipsum excerebravit . fredericus igitur ad se reversus , coepit inconsolabiliter dolere & uberrimè atque ●●aris●ime ●achrymari , & exitus aquarum deducebant oculi ejus . quod erat miserabile videre in homine tantae authoritatis & aetatis , & lamentando contorquens digitos , ait : vae mihi , contra quem ●opria pugnant viscera : petrus quem petram credideram , & dimidium animae meae , mihi mortis insidias praeparavit . ecce dominus papa , quem imperium sub magnificis antecessoribus meis de nullo creavit et ditavit , illud molitur exterminare , et in me ipsius imperiititubantis rectorem , interitum machinatur . in quem confidam ? ubi tutus , ubi laetus esse possum de caetero ? et condoluerunt circumsedentes amici ejus , usque ad suspiria et lachrimarum effusionem . et absorduit domini papae fama per hoc non mediocriter . veritatem tamen novit deus , secretorum perscrutator infallibilis . the kings of england , france , and most other princes frequently urged the pope to a reconciliation with the emperor , who notwithstanding continued his implacable malice against him till his death , refusing all reconciliation even when he lay upon his death-bed . hear this one testimony of his detestable implacablenesse , and pride . eodemque tempore mortuus est quidam alius frederici filius naturalis in apulia . ipsemet & jam fredericus percussus est morbo , qui dicitur lupus , vel sacer ignis , vnde tot oppressus adversitatibus , inconsolabiliter doluit . unde humiliatus , secundum illud davidic●m , imple facies eorum ignominia & querent nomentuum , domine : obtulit honestam pacis formam domino papae . sed papa laetificatus de adversitatibus suis , noluit quae obtulit acceptare : unde multorum incurrit indignationem et francorum nobilium , qui coeperunt ipsum fredericum consolari , et eidem adhaerere , et superbiam servi servourm dei detestari . and not satisfyed herewith . sub eorum quoque dierum curriculo , petrus caboche clericus domini papae , et amicus praepotens , missus est a domino papa in apuliam legatus , magna armatus potentia ad remittenda peccata , ut ipsum fredericum contereret et fredericales et multiplicatis viribus , quas undique data pecunia , et concessa plena peccatorum indulgentia collegerat , eundem fredericum damnificavit , et multos nobiles ab ejusdem frederici imperio revocavit . ; such an execrable monster of inhumanity , treachery , impiety , sedition , malice , rapine , revenge was this most nocent pope innocent . upon all which considerations , matthew paris thus concluded this jubile , year , and his own chronicle ending with it . haec autem mirabilia , et novitates , quae nec audita , neque scripta repe riuntur a cunctis patrum nostrorum retroactis temporibus , in hujus ultimae annorum quinquagenae tempore contigerunt . hic terminatur fratris , mathaei parisiensis , monachi sancte albani chronica , quae pro utilitate posteritatis subsecuturae , dei pro amore , & beati albani anglorum protomartyris honore , ne memoriam eventuum modernorum vetustas aut oblivio deleat , literis commendavit . i now proceed to the year , . the . of king henry the d. his reign . this year the king as supream governour of the church of england , without any authority or bull from the pope , by these his letters patents enjoyned the archbishop of rohan , and all ministers , bishops , abbots , priors , and other religious persons who had any land or rents in england , during his life to keep an anniversary day for his deceased mother queen isabel , and to insert her name in their martyrologie , with masses and prayers for her , himself , queen elianor , and their children . rex archiepiscopo rotom , & ministris , episcopis , ac abbatibus , prioribus , & caeteris viris religiosis habentibus terras sive redditus in regno nostro angliae , salutem . naturalis dilectio felicis memoriae isabellae , genitricis nostrae , nos esse non sinit immemores , sic sicut ipsa non sine gravitate corporalis angustiae nos , donec nasceremur gestavitin utero , sic ejus animae subvenire piis beneficiorum remediis volumus quàmdiu vixerimus in hoc mundo . volentes igitur amicorum nostrorum mendicare suffragia , qui pro delictis nostris non sufficimus satisfactionem praestare condignam , universitatem vestram requirimus et rogamus , quatinus diem obitus ipsius matris nostrae martilogio vestro scribi , et proejus anima , praesertim anniversario die celebrari missas et orationes fieri faciatis , nostri et alienorae reginae nostrae , liberorumque nostrorum in orationibus atque beneficiis vestris , si placet , habentes memoriam specialem , per quam pie nostra valeat insufficientia relebari . ad istud autem negotium plenius exequendum , dilectum nobis fratrem th. de ferun . latorem praesentium specialiter destinamus , rogando quatinus ipsum ad hoc favorabiliter admittas . in cujus , &c. teste rege apud westm . — die febr. the king having by a former patent granted an anuity of . l. to the cardinal deacon of st. angelo , during his life , the better to solicit and promote his affairs in the court of rome , by this new charter ordered it to be paid out of his exchequer every michaelmas , nothing being to be obtained in that age at rome , but by pensions and bribes to cardinals , as well as to the pope , who this year received his * tribute of a thousand marks from the king , for to obtain his own ends . rex omnibus &c. salutem . scitatis quod cum venerabili patri richardo sancti angeli diacono cardinali , xxx . marcas annuas de scaccario nostro percipiendas quamdiu vixerit per chartam nostram dudum concesserimus nos sibi gratiam facere volentes ampliorem , pro nobis & haeredibus nostris concedimus & promittimus , quod quamdiu idem cardinalis vixerit , dictas xxx . marcas sibi vel certo nuncio suo in festo sancti michaelis ad scaccarium nostrum singulis annis solvi faciemus . in cujus , &c. teste rege apud woodstock , . die julii . per i. mansell & p. chaceporc . the king preferring will. de kilkenny to the church of dungervan in ireland , commanded his chief justice of ireland in his right to present him thereunto only by his proctor , and the bishop of lismore to admit him thereunto , though absent . rex i. filio galfrido , justiciario suo hiberniae , salutem . cum ecclesia de dungervan vacantem & ad nostram donationem spectantem , contulerimus dilecto clerico nostro magistro will. de kilkenny , archid. coventr . vobis mandamus , quod ipsum magistrum w. per procuratorem suum quem ad hoc per literas suas patentes constituerit , illi ad quem pertinet institutio in eadem ecclesia vice nostra praesentetis ad eandem nomine praefati magistri instituendum . damus enim vobis potestatem omnia exequendi quae ad praedictam praesentationem pertinent usque , ad completionem totius negotii memorati . in cujus , &c. teste rege apud bocking , . die septembris . per ipsum regem . idem magister w. de kilkenny , habet literas domini regis de praesentatione ad ecclesiam de dungarvan vacantem , & ad donationem regis spectantem , & diriguntur literae illae lismorensi episcopo . teste ut supra . per regem . the archbishop of cassall in ireland , citing the bishop elect of limoric in ireland to appear in his court to confirm his election if canonically made , notwithstanding the kings prerogative , that his royal license and assent was not had thereto , as of right it ought ; the king thereupon issued this writ to command the archbishop to revoke whatever he had done therein in prejudice of his prerogative , or else richard de rupella was commanded to selfe his temporalties into the kings hands , if he revoked it not , and to renew his appeal therein . quia cassall . archiepiscopus citavit electum limoric ecclesiae , quod compareret coram eo die jovis proxima ante passionem domini proximo praeteritam in ecclesia limoric , in occursum suum : ita quod si invenerit ipsam electionem canonicam , eandem , non obstante dignitate regis , de assensu requirendo , confirmaret : rescriptum est ei , quod quicquid in praejudicium regis attemptaverit revocet sine mora . et mandatum est richardo de rupella , quod temporalia ipsius archiepiscopi capiat in manum regis , si errorem illum non revocet , et quod innovet appellationem regis . teste rege apud windes . die aprilis . so apt were archibshops and bishops then both in ireland and england to invade the rights of the crown , and obstinately to persist therein without revocation , till their temporalties were seised for their contempts ; which will further appear by this prohibition to the bishops of lincoln and chichester , and their commissaries , for examining a judgement given for the king for goods , against an executor , in his exchequer , in their spiritual courts and other cases this year . rex linc. & cicestr . episcopis , magistro r. de mar. & eorum commissar . salutem . prohibemus vobis ne teneatis placitum in curia christianitatis inter exec. agn. quondam com. dereb . et will. de ferr. com. dereb . de catallis quae fuerunt ejusdem comitissae , unius haeredum ran. com. cestr . super quibus pro debitis in quibus nobis tenebatur idem com. ran. coram baronibus nostris de scaccario , iudicium est prolatum , donec a praedictis debitis per eosdem exec. juxta judicium praefati scaccarii nobis plenius fuerit satisfactum . teste rege apud wistm . . die maii , per johannem de lexinton . postea in eadem forma mandatum est thesaurario exon. that the croysadoes granted to king henry and others in ireland and elsewhere with the redemptions thereof , by the popes bulls , were only pious cheats to pick mens purses and raise monies , or for other uses , is most apparent by these . records . mandatum est innocontio summo pontifici , quod decimas proventuum ecclesiasticorum in auxitan . & burdegal . provinciis , super cujus concessione ad opus gaufridi de leximaco fratris r. per literas papales fuit requisitus , assensum praebere non potest ▪ cum rex ex hoc decrementum incurreret et dampnum . teste rege apud windes . die augusti , anno , &c. per regem . rex l. dublinens . archiepiscopo salutem . nolentes gratiam , dilecto consanguineo nostro stephano lungespe à summo pontifice concessam , de pecunia illa quae de redemptione votorum crucesignatorum colligi possit in terra quae lagania dicitur in hibernia subtrahere , sed potius ampliare , paternitatem vestram rogamus , quatinus non impediatis , vel impediri permittatis praefatum consanguineum nostrum cruce signatum , proponentem transire magnificè in terrae sanctae subsidium , vel assignatos suos , quin , concessionem sibi a domino papa factam de redemptione , votorum cruce signatorum , in dicta terra lagenia , sicut in literis papalibus plenius continetur , usque ad tempus illud quo nos fuimus crucis charactere insigniti , integrè colligere possint , restituentes eidem vel ejus procuratoribus si quid per vos vel per aliquem de terra praedicta collectum fuerit , vel in alios usus deputatum , usque ad tempus praedictum . teste rege apud winton . . die novembris . rex papae salutem , cum super pecunia de redemptionibus votorum cruce signatorum legatis seu alio modo concessis succursui terrae sanctae nobis feceritis gratiam specialem , sancti tati vestrae supplicamus attente , quatinus venerabilibus patribus ciceslr . & norwic. episcopis ac johannum mansell , praeposito beverlaci per literas vestras mandare velitis , ut ratiocinium seu compotum , w. wygorn . episcopi de hiis quae recepit & distribuit , de praedicta pecunia audiant , & si quid inde residuum fuerit , nobis integrè faciant assignari . ita quod liberalitatem vestram sentiamus more folito fructuosam : ( the king and pope serving each others turns for their own advantages . ) teste rege apud wodstock . die januarii . how apt the bishops and clergy in this age were , even against their oath of fealty to the king , to encroach upon his royal perogative and temporal jurisdiction , in holding plea in their ecclesiastical courts & at rome , of temporal causes , no way belonging to them ; and excommunicating his sheriffs against his expresse prohibitions ; and how vigilant , zealous the king and his nobles were to prevent such incroachments upon his crown and perogative , by prohibitions , and seisures of their baronies , this memorable record will inform us . rex papae salutem . ex hoc quod venerabilis pater w. wigorn. episcopus tanquam immemor fidelitatis nobis praestiti iuramenti , placitum nam ii vetiti inter ipsum et dilectum et fidelem nostrum * willielmum de bello campo , vicecomitem nostrum wigorn. exortum , contra prohibitionem nostram sibi factam expresse , tam viva voce quam literis prosequitur in curia nostra , non sine laesione et nostrae praejudicio dignitatis , cum cordis turbatione admiratio nobis crescit , quamquam non de eodem placito , sed de sententia excommunicationis quam ipsius occasione in dictum nobilem tulit , se asserat agere coram vobis ; unde de consilio magnatum nostrorum , baroniam quam idem episcopus de nobis tenet in capite , sicut est legis et consuetudinis regni nostri , providimus capere in manum nostram , ipsam tamen captionem ad instantiam r. com. cornub. distulimus usque ad instans festum purificationis beatae mariae , si forte dictus episcopus a prosecutione praefata penitus duxerit desistendum . igitur ne paternitatem vestram , quae omnia nostram coronam et dignitatem regiam tangentia , semper voluit et vult illaesa servari , decretum nostrum lateat in hac parte , praesentes vobis literas destinamus , supplicantes attente , quatinus juxta quod vobis supplicavimus alias eidem episcopo nullum praebere velitis audientiam in placito memorato , seu aliis quae nostrum forum , et dignitatis nostrae culmen tangere dinoscuntur . teste rege apud winton . . die decembris . the mayor and bayliffs of bristol seising some stones , collected for repair of st. thomas church in dublin by the kings license , to repair the castle of bristol , the king thereupon issued this writ to restore them . mandatum est majori & ballivis bristol , quatinus petram quam abbas & conventus s. thoma dublin colligi fecerunt apud bristol ad construendum ecclesiam dublin , & quam arrestari fecerunt ad castrum regis bristol reparandum , eisdem canoncis liberent , si quam in operatione regis ibidem posuerint et restaurantes , & quocienscunque aliquam collectam petrae illuc fecerint ad fabricam ecclesiae suae , permittant ipsos eandem petram cariare quo voluerint . teste rege apud wind. ● . die jan. the inhabitants of rochester , having intruded one christian , condemned for the death of her brother , into the church of rochester , as into a sanctuary , to save her from execution , and some of them taking sanctuary in the same church for this offence ; the king to curb these offenders , and bring them to condigne punishment , issued this writ to the sheriff of kent , to seise the liberties of the town into his own hands , and to attach twelve of the discrectest men therein , and keep in safe custody all clerks and laymen who had taken sanctuary in the church upon this occasion . mandatum est vic. kanciae , quod capiat in manum regis libertatem villae roffae , & attachiat ballivos & xii . de probioribus & discretioribus ejusdem villae , quod sint coram rege in crastino sancti dionisii apud west monasterium , ad respondendum regi de hiis quae eis dicentur ex parte regis ; & omnes illos qui sunt in prisona nostra roffae , pro intrusione christianae filiae dunstani damnatae pro morte fratris sui venire faciat coram rege , ad praedictum diem & locum , & omnes illos'tàm laicos quàm clericos , qui se tenent in ecclesia pro intrusione praedicta mulieris , salvo custodiat , ita quod non exeant ante quam faciant quod facere debuerint secundum consuetudinem terrae . the king having built a new chappel at windsor , issued this mandate to provide a mass-book , breviarie , with other books , vestments , furniture and ornaments , fit for performance of the devotions then used therein . mandatum est edwardo de westmonast . quod regi habere faciat in nova capella sua apud windes . unum missale , unum breviar . collectar . capitular . & impuar . duo antiphonar . duo salteria , duo gradal . & tropar unum calicem , & quatuor manutergia , & quatuor tual . super altare , ad ministrandum in capella praedicta . teste rege apud wind. . die maii. the king before the * statute of mortmain , anno. . e. . de religiosis , issued this writ of prohibition , not to sell any lands held in . capite to religious persons or others , to the impairing of the revenues of the crown . mandatum est bartholomaeo de creke , in fide qua regi tenetur firmiter inhibendo , ne terram , seu aliqua tenementa quae de rege tenet in capite , viris religiosis vendat , nec de eisdem aliquam alienationem faciat per quam regi aut haeredibus regis de hiis quae ad regem pertinent aliquid subtrahatur . teste rege apud wind. . die junii . the archbishop of canterbury his suffragans and agents endeavouring to subject the kings free-chappels and houshold clerks officiating in them , to the tax granted by the pope to archbishop boniface , against the * premised bulls of the pope , and kings prohibitions ; the king thereupon procured this new inhibition and exemption of them from pope innocent , for preservation of his prerogative . innocentius episcopus servus servorum dei , charissimo in christo filio illustri regi angliae , salutem & apostolicam benedictionem . vt tuis insistentes obsequiis praerogativa favoris gratiae prosequamur , tuae sinceritatis praecamina nos hortantur . cum igitur venerabili fratri nostro archiepiscopo cantuariensi , omnium * vacaturorum beneficiorum suae provinciae primi anni proventus , usque ad certi temporis spatium , pro exoneratione debitorum cantuar. ecclesiae duximus concedendos : nos volentes tibi famulantibus tui consideratione specialem gratiam facere in hac parte , tuis precibus inclinati , authoritate praesentium tibi indulgemus , ut familiares clerici tui ad exhibitionem proventuum hujusmodi , nequeant coarctari , sed ab eorum praestatione sint liberi penitus et immunes . nulli ergo hominum liceat hanc paginam nostrae concessionis infringere , vel ei ausu temerario contraire ; si quis autem contra haec attemptare praesumpserit , indignationem omnipotentis dei , & beatorum petri & pauli apostolorum ejus se noverit incursurum . dat. lugduni , non. marcii , pontificatus nostri anno octavo . et ad hoc privilegium regis exequendum , constitutus est magister nicholaus de plumpton , coram abbate westmonasterii conservatore regii hujus privilegii : et habet inde literas regis patentes . the * kings prohibition issued this year to the sheriffs of gloucester , worcester , and bishop of worcester , against the bishops citing laymen to take an oath before him , and making inquiry upon articles in their visitations without the kings special commission and command , i have already cited , and shall referre you thereunto . how much this pope innocents corruptions then infested not only the church , prelates , and ecclesiastical , but civil courts and proceedings of justice in england , matthew paris himself , and the continuer of his history , give us this special notice , as fit to be recorded to posterity . ipsis quoque diebus , dum placitum moveretur inter episcopum karleolensem sylvestrum & quendam baronem , super quodam manerio , quod idem baro praedecessori dicti episcopi waltero vendiderat , & iterum illud voluit revocare , ipse episcopus sylvester respondit per se prudenter , adversarius enim ejus , licet ejus praesentes essent procuratores , tunc in partibus agebat transmarinis . impetravit igitur à rege literas protectionis regiae , dum absens erat baro memoratus , & sic laetus repatriavit . pars autem adversa sub silentio commorans , cum elongaretur episcopus , impetravit a rege literas , ut non obstante priore litera , negotium baronis nullam caperet dilationem . quod factum fuisse non creditur , sine muneris opitulatione : ( the popes non obstantes being so obtained . ) sparsimque jam tales literae , in quibus inserta est haec detestabilis adjectio , non obstante priore mandato ; vel haec , non obstante antiqua libertate , procedat negotium , suscitabantur . praeterea , sinistra interpretatio jam in chartis facta subrepit , ut scilicet si scribatur sic ; concedimus hanc libertatem domui tali , & domus illa districtè nominetur , & sequatur sic , & omnibus maneriis ejus , si maneria non expressè sigillatim nominentur , nullius est vigoris adjectio . hoc autem rationi constat esse dissonum et omni justitiae , imo contra logicae regulam , quae est investigatrix veritatis infallibilis . quod cum comperisset , quidam vir discretus tunc justitiarius , scilicet rogerus de thurkeby , ab alto ducens suspiria , de praedictae adjectionis appositione , dixit : heu , heu , hos ut quid dies expectavimus ? ecce jam civilis curia exemplo ecclesiasticae coinquinatur , et a sulphureo fonte rivulus intoxicatur . which i could heartily wish all judges , * who give too much countenance to such non obstantes , would seriously consider , and all who grant them too . * matthew paris informs us , that the year before , the king had granted a charter to the abby of westminster of certain liberties , to the prejudice of former charters granted to st. albans ; and another charter for a liberty of a free warren in the land of st. albans , near the town , to one galfridus rufus , educated in st. albans , and a tenant thereunto , contra antiquas ecclesiae illius libertates , & chartas obtentas à piis pristinis regibus & continuè usitatas , necnon & contra chartam regis henrici tunc praesentis . nec erubuit dictus galfridus rufus contra ecclesiam dominam suam quae ipsum educatum exaltaverat , recalcitrare , ut nota macularetur paternae , sed non maternae proditionis : et cum frater matthaeus parisiensis , dominum regem super his imperterritus redargueret , ait rex : nonne papa facit similiter , subjungens in literis suis manifeste , non obstante aliquo privilegio vel indulgentia ? veruntamen modestius loquens , subjunxit : nunc , nunc , nos inde cogitabimus . sed dictorum ac promissorum memoria , cum sonitu pertransivit . in both which he was the popes real but unhappy schollar , introducing non obstantes to evade and null his own and ancestors charters , whereby popes evaded their own and their predecessors bulls and indulgences , which this king , the whole kingdom and clergy of england particularly * complained of to this pope but three years before , as a great grievance both to the church and realm of england , whereby infinite persons in the realm were grievously oppressed and afflicted : which induced justice thurkeby thus in open court with great grief to cry out against both papal and regal non obstantes , which subverted publick justice , and then defiled , intoxicated civil , as they had done ecclesiastical courts , with their sulphureous source and filth ; * parcite pa●corum diffundere crimen in omnes . this year the bishop of durham moving the pope to resume the . mannors setled upon his predecessor * who resigned his bishoprick , for his better maintenance during his life , received a repulse and check from him , because it was done by the bishops own , and his , and the kings consent . tempore quoque sub eodem , quidam adulatores pessimi , cupientes placere episcopo dunelmensi waltero , dominum papam adierunt , dicentes , quod irrationabiliter facta fuit portio episcopatus dunelmensis episcopo nicholao cedenti , & quod ipse nicholaus ferè tertiam partem episcopatus habuerat , unde petierunt episcopatum vel redintegrari , vel saltem minus damnificari . quibus papa : miramur super his . nonne facta fuit distributio illa & partitio per magnam deliberationem & considerationem virorum peritorum , & consensum partium ? et res jam confirmata est per nos , et regem angliae , et per provisores : & cum esset tunc temporis episcopus bathoniensis in curia , qui erat unus provisorum , advocabatur ut veritati testimonium perhiberet , qui cum omnia ritè facta fuisse testificaretur , repulsi sunt accusatores cum probris , & dum crederent partem dicti episcopi nicholai infirmasse , magis roborarunt . et factum est , non sine dedecore episcopi dunelmensis walteri , & prioris & conventus dunelmersis , qui videbantur huic machinationi conniventibus oculis consensisse . some abbots and covents perceiving that bishop grosthead and other bishops intended to vex and oppresse them , by their new powers to visit them derived from the pope , combined together to make a common purse to oppose and withstand them by appeals to the pope , whom they hoped would back them for money , as the bishops combined together to withstand the archbishops visitation in his province . anno quoque sub eodem , quidam praelati & religiosi ecclesiarum conventualium liquido comperientes , quod undique quos solebant habere defensores , senserunt jam manifestos persecutores episcopos , et laicis ac saecularibus nociviores , necnon summum pontificem , qui quanto potentior est , tanto gravior ad opprimendum , studuerunt confoederari , ut alterutrum onera portantes , minus gravarentur . confoederati sunt igitur cum abbate & conventu de waltham , conventus ecclesiae episcopi cantuariensis . ipsum genus quoque subsidii & consolationis sibi impendi , tàm ipsi , quàm alii , à coenobio sancti albani , humilitet postularunt : of which more hereafter . notwithstanding this combination , grosthead bishop of lincoln proceeded to visit both the monasteries and nunneries in his diocesse , with great severity and tyranny , thus related by matthew paris in his history . diebus quoque sub eisdem , episcopus lincolniensis visitationem fecit in domibus religiosorum in diocesi sua constitutis . in qua , si quis omnes tyrannides quas exercuit , recitaret , non severus , sed potius austerus et inhumanus censeretur . cum enim inter caetera ad rameseiam pervenisset , stipatus saecularibus , in dormitorio lectos monachorum in propria persona perscrutando , omnia circuit , universa revolvit , & si quid communitum inveniret , demoliebatur , & quasi effractarius scrinia dissipans , ciphos quos invenit circulis vel pedibus redimitos , comminuit conculcatos , quos , si circumspectius fecisset , posset pauperibus integros erogasse . et quod indignum est scribi , ad domos religiosarum veniens , fecit exprimi mamillas earundem , ut sic physice si esset inter eas corruptela , experiretur . additque horribiles maledictiones , quas super capita transgredientium statuta sua congessit , quas moyses scripsit , et benedictiones mosaicas super eos qui eadem fuerant observaturi . in quadragesima vero sequente , suspensus est ab officio episcopali , pro eo quod noluit admittere quendam italicum anglicanae linguae ignarum , ad quoddam opimum beneficium in episcopatu suo . sed haec omnia fecisse creditur , ut subjectos de quorum animabus habet respondere à peccatis coerceret . diebus etiam sub eisdem , episcopus linconiensis facto scrutinio et diligenti inquisitione et excussione per suam diocesim , beneficiatos cogit esse continentes , et suspectas etiam mulierculas ab ipsis longius amoveri . transgressores autem per beneficiorum suorum privationem puniens , episcopatum suum à vitiis studuit emundare . precibus quoque blandis & austeris persuasionibus multos trahens & impellens , ad ordinem & officium subvexit sacerdotale . frequenter quoque sermonem fecit populo , quem circum degentes sub poenis taxatis sacerdotes convocatos , coëgit audire . improbos autem romanos praeceptum habentes papale , ut eis provideretur , quasi venenum odivit serpentinum . dicebat enim , quod si animarum custodiam ipsis traderet , sathanizaret . unde saepe projects literis paplibus bullatis , talibus mandatis praecise contradixit . these fierce illegal proceedings of his in visitations , as well against noblemen , women , and other laymen , as monks and religious persons , summoning them personally to make inquisitions upon his visitation articles , and give in testimony against themselves and others upon oath this year , notwithstanding former prohibitions , occasioned the * sorecited complaints to , and prohibitions , attachments of the king against him , claus . anno h. . m. . dorso , & calus . h. . m. . dorso , on which you may reflect , as his opposition against the popes provisions to benefices , exasperated the pope to suspend him from his bishoprick . as the bishop of lincoln vexed the monks , nuns , nobility , gentry , and commons of his diocesse with his visitations , appeals to rome , and excommunications on the one hand ; so the archbishop of canterbury molested the dean and canons of pauls , and other his suffragans , with his excommunications and suits , by his power , friends , and money in the court of rome , on the other hand ; excommunicating them afresh for one cause , as soon as they were * absolved by the popes command for another , to the great scandal of the court of rome and english clergy , worrying and vexing one another with perpetual contests , thus recorded . eodem quoque tempore , decanus ecclesiae sancti pauli london . & canonici , de quibus in antecedentibus facta est mentio , auctoritate domini papae , per dominum abbatem sancti albani , & per dominum abbatem de waltham , & archidiaconum sancti albani , sunt absoluti à sententia , qua dominus archiepiscopus cantuariensis bonifacius , ipsos innodaverat . sed postea alia ratione sunt innodati ; thus related . tunc verò temporis , procuravit archiepiscopus cantuariensis , mediante magistro eustachio de len , officiali suo , ( super quo mirabantur multi ) ut decanus , & memorati canonici londinenses , ratione proprioum delictorum denunciarentur excommunicati . insuper , ut coram papa apparerent , sunt citati . ortum est igitur turpe scandalum , dum nunc ab his denunciabantur excommunicati in his , nunc in aliis ab his partibus absoluti . canonici vero non mediocriter perturbati , omnes angliae episcopos super hac oppressione in magna mentis amaritudine precabantur , ut tanto impetui resistentes imminenti , cum paries proximus arderet , subvenirent . rex autem , quia ipsum archiepiscopum creaverat , & regina , quia ejus fuit avunculus , erubescentes , non poterant ipsum archiepiscopum , licet causa ejus fuisset injusta , relinquere desolatum . who to maintain his suits , and feed the cormorants at rome to obtain his will , made havock of his woods and temporalties in england , residing at rome , but exposing his flock to the rapine of wolves , without taking the least care for their souls or bodies . temporibus quoque sub eisdem , archiepiscopatus nemora succiduntur , homines depauperantur . reditus vacantes ad arbitrium alienigenarum alienis distribuuntur , de quorum moribus vel scientia nihil constat distriburoribus , & sic absente pastore , oves lupis exponuntur . on the other hand the dean of pauls , though aged , is enforced to travel to rome to defend the rights and liberties of his church , and purchase a new absolution . ipso quoque tempore , decanus londinensis aetate grandaevus , toties pro libertate ecclesiae suae vexatus , adhuc pro juribus ecclesiae suae contuendis romanam curiam adiit , pro scandalo multiplici jam per archiepiscopum exorto . quos enim dominus papa praecepit absolvi , adversarii eorum ex parte domini papae , praeceperunt alia ratione excommunicari . ita quod laicis esset eorum lis , nec mirum , ridiculosa . archiepiscopus cantuariensis canonicos london . eo quod illos visitare vellet , cum maximo gravamine potenter conatur confundere , ( addes * matthew westminster ) tandem visitavit sed cum moderamine . neither were the abbots and covents lesse schismatical and litigious then the bishops , deans and canons , persecuting , suing , yea murdering each other in sundry places , of which * matthew paris renders some sad instances , to the great scandal of religion . i shall only instance one contest between the abbot and covent of westminster , wherein the king withstood the popes bulls granted in the abbots favour , to the prejudice of his prerogative , discovering the insatiable avarice , rapine of the pope and court of rome . diebus autem sub eisdem , ortum est scandalum in nobili coenobio westmonasteriensi , eo quod discordia partibus nimis damnosa & indecens est exorta . abbas enim , vir quidam literatus & prudens , conabatur factum antecessoris sui , authoritate apostolica irritate , qui bona ecclesiae suae in usus suos , & usus conventus , ut majori pace gauderent , separaverat . et summo conamine nitebatur , divisa solidare , & omnia nutibus suis inclinare . et idcirco domino papae adhaerens , ipsum pedetentim sequebatur , et moram non minimam in curia , non sine multarum expensarum profusione , continuabat . unde propter suam prudentiam , facundiam , & elegantiam , inter familiares papae annumerabatur , & capellanus domini papae meruit esse & appellari , & multa de suo proposito ad votum impetrare . quod audiens conventus , non mediocriter formidare , ne quod praedecessor istius abbatis , scilicet richardus abbas , piè ordinaverat , infirmaretur , & eorum conditio deterioraretur . missis igitur aliquibus de conventu praestantioribus ad regem facta lachrymabili querela dixerunt ei : o domine , abbas , quem nobis habere fecistis , domum nostram imo potius vestram specialem , nititur perturbare , & quod ad quietem nostram ordinatum piè extitit , infirmare : vestrum est , domum vestram regaleque vestrum domicilium protegere , ne nullo adversantium impulsu labet vel labatur . quibus dominus rex , addito magno sacramento , ait : nunquam certe praevalebit . et concepta indignatione cum ira et odio palam protestatus est , dicens : poenitet me fecisse hominem . circa idem tempus abbas westmonasteriensis domini papae capellanus à curia romana rediit , non minimis debitis involutus et obligationibus innodatus : ( by bribes to the pope and cardinals . ) moram enim diutinam in curia continuaverat , & multorum curialium sibi corda conciliaverat , ita quod certè credebatur , quod cum domino papa penitus , quia vir fuit arduis idoneus satis consiliis , moraretur . venit autem multiplici armatus potentia , ut conventum suum suae incurvaret voluntati . et illico accedens ad regem apud windeleshores , ipsi celebriter nimis & pontificaliter , missam cantavit . erat utique tàm voce quàm corporali elegantia , vir desideriorum . confidenter igitur regem aggressus est , multorum potentum illi literas ostendens , ut liceret ei totaliter domum westmonasterii , quam dominus rex illi regendam commiserat , sane administrando gubernare , et divisa solidando possessiones redintegrare . dominus rex cujus cor aversum fuit ab eo , ipsum abbatem obliquato ac torvo intuitu respiciens , elevata voce , multis irrecitabilibus probris lacessivit . inter caetera improperans , quod ipsum immerito exaltaverat , addens , quod ad consilium suum arcanum inconsultè advocaverat . et quomodo de tua fidelitate confidere possem , qui fratres tuos socios ab antiquo & commensales , gravare niteris & molestare ? et licet multi amicorum suorum , videlicet johannes mansell , & multi alii , quos longum esset nominare , intercederent pro ipso abbate , rex iratus valdè , ipsum tàm à consilio suo quàm dilectione , expulit elongatum . tandem abbas molestè ferens regis indignationem , consensit in arbitros , ut quod ipsi disponerent , si domino regi complaceret , ipse ratum haberet & acceptum , videlicet comitem richardum & johannem . quod conventus , licet ipsi duo abbati fuissent amicissimi , benignè acceptavit , & rex benè comprobavit . ipsi igitur , post multas disceptationes , penitus conventus desiderio & postulationi excluso abbate , consenserunt : quia sic regi sciebant complacere . sed haec controversia hoc anno non terminabatur . rex igitur misertus conventus westmonasteriensis , qui tot gravamina & damna jam per multos annos toleraverat , concessit benignè eidem , ut vacante abbatia westmonasteriensi , disponatur liberè de possessionibus ipsum conventum contingentibus , quas consuevit rex in manu sua retinere , in magnum damnum domus & gravamen , donec abbas ibidem ordinaretur . et super hoc , talem eisdem monachis chartam confecit . which i find likewise entred in the * clause rolls . henricus dei gratia , &c. omnibus ad quos praesentes literae peruenerint , salutem . cum bona abbatis westmonasteriensis & ejusdem loci prioris & conventus discreta sunt ab invicem , & separata , volentes indemnitati & iranquillitati eorundem prioris & conventus providere , concedimus eis pro nobis & haeredibus nostris , quod quotiescunque abbatiam vaecare contigerit per cessionem vel decessum abbatum suorum , habeant ipsi prior & conventus liberam administrationem de bonis suis separatis : salva nobis et haeredibus nostris tempore vacationis praedictae domus custodia de bonis ad praedictos abbates pertinentibus . in cujus rei testimonium , &c. teste meipso apud sanctum edmundum , anno regni mei trigesimo sexto . haec autem acta sunt apud sanctum edmundum , ubi dominus rex , ad magnum domus illius incommodum , ferè tribus septimanis morabatur infirmatus . after this , dominus autem rex , timens ne abbas westmonasteriensis curiam romanam , quam jam benè noverat , ut domini papae capellanus , contra ipsum , maximè quia idem abbas appellaverat , exasperaret , & domum westmonasteriensem irremediabiliter debitis obligaret , congessit in ipsum probra iterum & maledicta in ira magna , quae constat fuisse nulla subnixa veritate , sed ipsa solummodò iracundia ebullire . fecit insuper dominus rex per totam londinensem civitatem voce praeconia acclamari , ne quis abbati westmonasteriensi quomodolibet pecuniam accommodaret , nec scripto vel sigillo ejusdem fidem aliquatenus adhiberet . quod in magnum opprobrium abbatis videbatur redundare . hujus autem rei auditores universi supra modum admirantur , quod de regi amicissimo factus est abbas reprobus & alienus . prout poëta introducit amicam de amico conquerente dicere : alter in alterius jactantes lumina vultus , quaerebant taciti , noster ubi esset amor . this writ of the king i find extant on record , running in these words . rex omnibus & singulis mercatoribus ultra-marinis london . commorantibus , salutem . quoniam monasterium westmonaster . quae nostra capella est , & cujus sumus patroni , specialiter reputamus nostrum , & speciali diligimus affectione ; nolentes illud aere nimis obligari alieno , vobis pre cisè mandamus , quod monachis ejusdem monasterii super sigillum capituli , sine nostro , & abbatis consensu , nec etiam ipsi abbati , nostro assensu irrequisito , pecuniam ullam mutuare praesumatis . hoc idem sociis vestris in curia papali , seu alibi commorantibus intimantes . teste rege apud rading , die junii . i pretermit the complaints to the king by the nobility , commonalty and others of the diocesse of lincoln , against the bishop , his deans and officials , for vexing them with citations from place to place , and enforcing them to make inquisitions and give testimony against their wills upon oath , and the memorable forecited prohibitions issued to him thereupon , which you may peruse p. , . what strange dispensations for pluralities and commendaes the pope then granted to foreigners and unworthy persons ( and the king by his example ) to the oppression of the english clergy and religious persons ; and how one ill president , usurpation , non obstante produced another , will appear by this relation . eodemque tempore , electus wintoniensis aethelmarus , de partibus veniens transmarinis cum comitatu copioso & pomposo , applicuit in anglia . cui adventanti rex laetabundus cum nobilium , & praecipuè pictavensium multitudine copiosa occurrit . in qua fuerunt fratres ejus willielmus de valentia , & galfridus de lizinnum , rege tertio existente , mutuo applaudentes , & in crastino sanctae mariae magdalenae , scilicet die dominica , festo facto celeberrimo wintoniae convivabantur , & sic devoluta est magna jam angliae nobilitas , exclusis indigenis , ad alienigenas . auxit autem causas laetitiae gratia papalis , quam sibi electus memoratus comparaverat cum gratia regali , quam-sanguis fraternus excitaverat . quibus cooperantibus , meruit obtinere redditus prius obtentos , quae ad plusquam mille marcarum summam ascenderunt , quas ipse egenus electus , dignoscitur ex fratris sui domini regis extorsione possedisse . nulla enim creditur fuisse notabilis ecclesia , de cujus uberibus in anglia lac non creditur exuxisse . unde huic libello quiddam , quod lachrymas excutere debeat ab oculis audientium , duximus inserendum . abbas ecclesiae sancti albani per extorsionem domini regis satis enormem & impudentem ▪ ad opus simonis de norwico clerici de pincerna sua , solvit de camera sua centum solidos . ipso nempe simone vicesimo anno sequente decedente , & vix sepulto , postulavit idem dominus rex precibus armatis , ut translatus redditus ille quendam alium & alienum saginaret . quod & invito abbate & ingemiscente factum est . rogaverat insuper dominus rex , ut fratri suo aimero jam wintoniensi electo decem marcae annuae de camera concederentur ac solverentur . ipso igitur aimero in praesulatum wintoniensem electo , illico postulavit , ut cuidam clericulo pictavensi , ipsae eaedem decem marcae , quas per aliquot annos receperat aimerus memoratus , facta tali translatione , dominus rex non erubuit postulare . quod in periculum ecclesiae , praeter damnum , dignoscitur redundare . sic enim servitus indelebilis & damnum irrestaurabile subrepere minabatur . et praeter haec , alias quamplures & pluries multas & multiformes ecclesiae beati prothomartyris anglorum albani injurias & gravamina , rex tyrannizans non est veritus irrogare . quae scribenti , taediosum foret enumerando scribere , & auditoribus audire foret onerosum . to which * matthew westminister subjoyns ; praelati et viri religiosi , papa jubente , et rege spoliante , in ultimam servitutem detruduntur . haec detestabilis adjectio ( non obstante ) enervat sanctorum scripta et facta . how strangely and unworthily this pope , against his own former expresse bulls and grants , not to grant provisions to italians and other foreigners in succession , presumed by his non obstantes to grant provisions to them of any churches voyd or to be void , in the gift of abbots and other religious persons , against their charters , priviledges ; and what great scandal and schism they produced , inducing men to depart from the pope and church of rome as antichristian , this bull of pope innocent , and subsequent relation will inform us . tempore quoque sub eodem , transmisit dominus papa abbati sancti albani literas sub hac forma . innocentius episcopus , &c. dilectis filiis abbati & conventui s. albani , lincolniensis diocesis , salutem & apostolicam benedictionem . cum dilectus filius iohanes de camecana , nepos & capellanus noster , ecclesiam de wengrave , in qua , sicut intellximus , ius patronatus ad vos dignoscatur pertinere , discretionem vestram affectione paterna rogamus , per apostolica vobis scripta mandantes , quatenus eidem capellano , dictam ecclesiam cum alia ecclesia primò vacaturae , quae ad praesentationem vestram spectare noscatur , quam etiam dictus capellanus velejus procurator duxerit acceptandum , commuteris , illam donationi nostrae nihilominus reservando . inhibitione seu reservatione qualibet non obstante , aut etiam indulgentia illa quae dicitur anglicis esse concessa ne beneficia clericorum ; italicorum cedentium vel decedentium ▪ immediate alicui clerico italiae conferantur . datum lugduni , secu●ndo idus decembris . hoc verò huic libro duximus inserendum , ut legentibus innotescat , quot angariis et injuriis nos miseros anglos exagitat curia romana . perpendens enim hujus literae tenorem , multiplicem potexit considerare contemptum , injuriam , et oppressionem . sed ut apostoli adimpleatur sententia comminatoria : nisi prius venerit discessio , non revelabitur filius iniquitatis . ecce causa , ecce materia quare recedunt corda , etsi non corpora , a patre nostro papa , qui in vitricalem exasperatur austeritatem , et a matre nostra ecclesia romana , quae in novercalem desaevit persecutionem . whereupon * matthew paris gives us this character and epitome of this year . in relation to the pope , and court of rome . transit igitur annus illae frugifer & fructifer usque ad sufficientiam , & potius abundantiam quamvis procellosus , turbidus , & fulgure formidabilis . dommo vero papae et curiae romanae , laboriosus , sumptuosus , et propter transmigrationem periculosus . the pope pilling and polling the bishops , archbishops , and extorting great summs of money from them , for their confirmation in their sees , ( no symony or sin at all in his holinesse , but a papal vertue ) to make them some recompence to reimburse their monies , granted them not only licenses to hold all their former livings and revenues in commenda with their bishopricks , but likewise to extort annual pensions from their clergy who had benefices , to their great oppression ; as in the cases of archbishop boniface , grosthead , aethelmar , and others forecited , so of the new bishop of rochester anno. . anno quoque sub eodem , scilicet primo quo creatus extitit , adquisivit sibi episcopus roffensis adhuc novellus à curia romana , ubi notus fuerat , ob hoc quia domini regis ibi diu extiterat procurator , potestatem , non sine multorum admiratione , extorquendi a beneficiatis in suo episcopatu quintam partem redituum suorum usque in quinquennium : licet idem episcopus pristinos reditus suos , quos antequam ad episcopatum promoveretur ex indulgentia papali sibi retinuisset : necesse enim habuit , ut asserui , episcopatum suum exilem a paupertate relevare . opprobium enim ei videbatur , quod ille episcopatus inter omnes angliae episcopatus pauperimus diceretur , et a karleolensi jam superaretur . exigebat igitur sibi summam memoratam exhiberi , non secundum aestimationem bonorum ecclesiasticorum a subjectis , sed quocunque modo ex bonis ecclesiasticis emergentium . the pope under pretence of relieving the king of france , who was taken captive in the holy land , and the distressed christians there , but in truth to promote his own designs , earnestly pressed the king of england , to expedite his voyage to the holy land which he had long delayed , retarding others who were ready to march to its assistance . who joyfull of his oportunity , made good use of it for his own advantage to pillage both the jews and christians . thus related . ipsius quoque diebus , missit dominus papa domino regi angliae persuasoriam & efficacem valde epistolam , ut idem rex viriliter accingeret , & sine damnosa dilatione ad terram sanctam adjuvandam , & ut domino regi francorum auxilium praestolanti , oportunum ac festinum impenderet adminiculum . quod si nollet , saltem alies transfretari & peregrinari paratos & desiderantes , non impediret . haec autem clausula finalis adjecta fuit , quia quosdam magnates terram sanctam adire paratos , in magnum damnum & jacturam eorundem , retardavit . dominus autem rex , ut papali desiderio & persuasioni obtemperaret , à judaeis quicquid ipsi miseri habere videbantur , non tantum abradendo vel excoriando , sed eviscerando extorsit . auri quoque sititor hydropicus , talenta , vel crusta , aut jocalia , adeo avide tam a christianis quam judaeis emunxit , ut videretur crassus a mortuis novus resuscitatus . to colour this his rapine the better , to make all his subjects believe he really intended a speedy passage to the holy land , and induce them to take up the crosse , to extort more money from them by dispensations with their vows . anni quoque sub ejusdem circulo , die videlicet lunae , quaeipsum diem praecedit proximò quem hokedai vulgariter appellamus , fecit dominus rex omnes londinenses à minimo usque ad maximum voce praeconia convocari , praecipiendo sub edicto regio vt omnes ad westmonasterium voluntatem suam audituri convenirent . quibus congregatis , jussit rex , ut wigorniensis , & cicestrensis episcopi , & abbas westmonasteriensis , sermonem facerent populo solennem nimis & efficacem , de cruce suscipienda . ad quorum praedicationem , propter romanae curiae varias pecuniae extorsiones et illusiones , pauci de civibus vel compatriotis crucem susceperunt . veruntamen de curialibus , richardus de gray , johanes frater ejus , & i. de plexeto , ad crucis susceptionem avolarunt . quos illico rex accurrens cum amplexibus , osculabatur , vocans eos fratres suos . et objurgans vocavit londinenses ignobiles mercenarios , eò quod eorum pauci crucem susceperunt . audaciam autem hanc , imo pertinaciam roma parturivit , eo quod a papa jam impetraverat , ut per triennium decimam reciperet a regni clero et populo , quae si colligeretur , ad plusquam sexcenta millia totalis ejus summa ascendere , in perpetuum regni detrimentum , videretur . vnde dictum est secretius , quod piis mentibus est incredibile , * ipsum non ob aliud regem crucem humeris suscepisse , nisi ut regnum tali argumento bonis spoliaret . tamen passagium suum juravit a die sancti johannis baptistae in sequens triennium , nisi morte vel gravi infirmitate vel alia rationabili causa impediretur : ( by which conditions inserted he easily evaded his oath . ) et jurans hoc , apposuit manum suam dexteram ad pectus suum more sacerdotis , & postea supra evangelia apposita , & osculatus est ea more laici . nec tamen hoc circumstantes reddidit certiores . praeteritarum enim transgressionum memoria , suspicionem in praesentibus suscitavit . the pope to animate the king to undertake this voyage , ( at least wise in pretext ) had granted him a new triennial disme upon the clergy of england and ireland , towards this expedition , whereupon the king summoning the bishops of the province of canterbury , to appear before him to collect and levie this disme , they all made answer , that they could not do it without the archbishops assent who was their head ( then absent at rome , ) wherefore the king sent this writ unto him for his assent and assistance in promoting this affair . rex archiepiscopo cantuariensi salutem . cum passagium nostrum juravimus & statuerimus à festo nativitatis beati johannis baptistae proximo venturo , in quatuor annos , et dominus papa nobis concesserit per literas suas decimam ecclesiasticorum proventuum trium annorum in regno angliae , & aliis terris nostrae ditioni subjectis , per triennium ante idem passagium colligendam , suffraganeos vestros ad nostram nuper praesentiam convocatos rogavimus , ut mandato apostolico , cujus transcriptum sub sigillo abbatis westmonasteriensis vobis mittimus , liberaliter assentirent . qui direrunt , se super praedicta mandato sine vobis , qui eorum estis honorabile caput , nobis ad plenum non posse respondere . quocirca paternitatem vestram de qua specialiter confidimus affectuose rogamus , quatinus cum hujusmodi negotii exordium à vobis dependeat , dictae collectioni per triennium ante dictum passagium annuerevelitis , literas vestras patentes assensum vestrum testificantes super dicta collecta , juxta mandatum apostolicum faciendum , tam nobis quam dictis suffraganeis vestris nobis transmittentes , rogantes eosdem ut vestra non expectata praesentia , dictum negotium , quod potissime desideratis expediri , optato curent effectui mancipare . teste rege apud westm . . die maii. ten dayes after he issued this writ to the archbishop of york . rex archiepiscopo eborum , salutem . paternitatem vestram rogamus quatinus per fratres praedicatores & minores , ac alios quos videritis idoneos , praedicatione crucis diligenter insistatis prout melius videritis expedire , juxta mandatum apostolicum vobis inde directum , et redemptiones votorum crucesignatorum nec non legata relicta , obventiones , et caetera omnia ex quacunque causa subsidio terrae sanctae deputata concessa et concedenda , quae dominus papa tempore crucesignationis nostrae nobis concessit , per vos vel alios colligi , et in loco competenti et securo deponi faciatis , nobis assignanda , sicut plenius in literis apostolicis vobis et quibusdam aliis episcopis regni nostri directis continetue . teste rege apud merton . die maii. eodem modo scribitur cantuariensi archiepiscopo , hereford . elyensi , d●nelm . & nor●ic . episcopis , & abbati westm . the king soon after having taken a solemn vow to passe to the holy land , by a prefixed day , ( though not intended as the event discoverd ) issued this writ to the archbishops of ireland to promote the collection of those dismes , the pope had there granted him for that voyage . mandatum est cassalalensi archiepiscopo , quod quia rex firmavit passagium suum in terram sanctam ab instanti festo nativitatis sancti johannis baptistae , in quatuor annos , quod praedicationem de cruce assiduè , per fratres praedicatores & alios idoneos fieri faciat , & permittat collectores regis legata promissa , et redemptiones de cruce , ac ea , quae de crucesignatis et aliis sunt concessa , colligere et unire . eodem modo mandatum est tuamensi archipiscopo . et mandatum est archiepiscopo dublin quod decimam de clericis beneficatis per consilium i. filii galfridi justic . hiberniae uniri faciat . et mandatum est mauritio filio geroldi quod magnates de terra hibernia inducat , quod iter suum cum rege aggrediantur . eodem modo mandatum est justic . hiberniae . eodem modo mandatum est i. de frisney . he likewise sent this writ to boniface , archbishop of canterbury to promote this affair . rex venerabili in christo patri b. eadem gratia cantuariensi archiepiscopo totius angliae primati , salutem . cum in subbsidium sanctae terrae nobis sit ab apostolica sede concessa decima proventuum ecclesiasticorum regni angliae , ac aliarum terrarum quae sunt nostrae jurisdictioni subjectae , per triennium , et vos ac venerabiles patres w. eborum archiepiscopum , hereford . elyens . & dunelm . episcopos dominus papa dederit executores , ut postquam passagium nostrum fuerit statutum & juratum , per biennium ante idem passagium decimam ipsam cum redemptionibus votorum , legatis relictis , vel alio modo concessis subsidio praedictae sanctae terrae à tempore crucesignationis nostrae , si non aliis fuerint ipsa legata , concessa vel assignata , per vos ipsos archiepiscopum & episcopos , & alias idoneas personas colligantur , & locis tutis deponantur , et ea nobis integre cum iter arripuerimus transmarinum assignentur , sicut per transcriptum priorum literarum domini papae praedicta continentium , vobis & praedicto , archiepiscopo directarum quod vobis transmittimus , plenius perpendere poteritis : verum cum passagium nostrum jam statutum sit & juratum , & in posterioribus literis domini papae , quarum transcriptum vobis similiter mittimus , quae quidem literae archiepiscopis & episcopis per regnum angliae constitutis diriguntur , contentum sit ; quod collecta praedicta fieri possit per triennium ante passagium praedictum , & nobis expediat quod maturius fiat quam in prioribus litteris continebatur , eo quod subveniendi sanctae terrae ardens in nobis desiderium accenditur , paternitatem vestram non minori quam possimus affectione , quatinus sicut de vobis habemus fiduciam indubitatam , voti nostri , nec non & iteneris tam salutiferi , velitis esse coadjutores . dante 's in mandatis subditis vestris , quod instanti festo sancti michaelis proximo venturo praedictam collectam incipiant usque ad consummationem praedicti termini proficiendam , scribentes suffraganeis episcopis vestris & aliis vobis subditis , quod quantum in vobis est assentiatis collectioni dictae decimae faciendae in praedicto festo . precantes eosdem , quod ipsi ad hoc consentiant , & subditos suos efficaciter inducant . ( the popes grant without their consents being not binding to them ) teste , &c. eodem modo scribitur episcopo hereford . to promote this collection the better , the king issud these two mandates to the priors of the freers minorites and preachers , to senda sufficient number of preaching freers of their order to him , who had skill to preach and promote this croysado , ( not jesus christ and him crucified ) they being then the prime instruments to advance , collect the popes and kings taxes , exactions , under a pretext of devotion , but in truth for their own gain and preferment . mandatum est ministro fratrum minorum in anglia , quod in . pasch . proximo futuri venire faciat ad regem usque london . sufficientem numerum prudentum fratrum , qui habeant scientiam praedicandi de cruce , pro negotio ejusdem crucis . teste rege apud maiden , die martii . eodem modo mandatum est priori ordinis fratrum praedicatorum . the king the better to promote his design , to induce his subjects to take up the crosse , and pick their purses by this pious papal pretext , indulged these priviledges to such as should crosse themselves , commanding the archbishops and bishops to see them published in their respective diocesses , by the frees minorites and others imployed in that service . rex archiepiscopo eborum , salutem . volentes crucesignatis gratias facere speciales , concedimus , & praesentibus literis protestamur , quod omnes crucesignati & crucesignandi de regno nostro , qui in propriis personis suis nobiscum in terram sanctam proficiscentur & potentes sint ad pugnandum , de caetero sint immunes à praestatione usurar . in judaismo nostro . et quod omnes crucesignati & crucesignandi de eodem regno habeant in curiis nostris celerem justitiam de omnibus querelis suis , quantum leges terrae nostrae permittunt . et quod nullus cruce-signatus vel crucesignandus compelli possit ab aliquo ad plus praestandum in subsidium terrae sanctae , quàm promiserit in sumptione crucis , & modo quo promiserit : rogandos igitur vos duximus quatenus ista suffraganeis vestris communicetis , & per fratres praedicatores & minores , & aliosad negotium crucis deputatos ac deputandos , per provinciam vestram publicari faciatis . teste rege apud merleberg . . die julii . eodem modo mandatum est cicestrensi episcopo , nisi quod terminatio literarum illarum quae diriguntur episcopis est ; et volumus quod ista publicentur per fratres praedicatores & minores , & alios ad negotium crucis deputatos & deputandos . in cujus , &c. teste ut supra , & debet ista clausula intrare ante illam clausulam , rogandos igitur r. exon. episcopo , a. winton . electo . the king soon after sent these ensuing letters to the king and queen of france , the patriarch of jerusalem , the archbishop of tyre , the king of cyprus , with other princes , and to the master of the templers and hospitalers , concerning this his intended voyage to the holy land , thus recorded . excellentissimo principi l. dei gratia regi franciae , h. eadem gratia rex angliae , &c. salutem . requisiti dudum per literas vestras , quod adventum nostrum acceleraremus in succursum terrae sanctae , recolimus serenitati vestrae rescripsisse , quod si terras nostras per vos & progenitores vestros occupatas freti salubri consilio nobis redderetis , passagium nostrum acceleraremus , & personam & res nostras exponeremus in obsequium crucifixi , ad honoris vestri incrementum . et licet jam passagium nostrum sit juratum , et certo tempore statutum , idem tamen passagium anticipabimus , potenter nos accingendo ad praedictae terrae succursum , dum tamen occupata praedicta nobis benigne restituatis . quod vestrae regiae dignitati ad salutem cedet perpetuam , & ad laudem famae temporalis . teste rege apud westm . . die junii . rex m. reginae franciae , salutem . noverit dilectio vestra , quod passagium nostrum in terram sanctam statuimus à nativitate sancti johannis baptistae , anno gratiae . in quatuor annos . et si placeret domino vestro regi franciae , quod terrae nostrae a praedecessoribus suis , et ab ipso occupatae nobis restituerentur , proculdubio maturius passagium nostrum pararemus , potenter nos accingendo ad honorem crucifixi , et domini vestri , et totius christianitatis commodum et honorem , quod quidem ei scire faciatis , ipsumque efficaciter inducatis ad praedictam restitutionem nobis faciendam . nos enim ex tunc sine morae dispendio terminum passagii nostri anticipabimus , & manu valida ad perpetuum crucifixi & domini vestri honoris incrementum . teste ut supra . rex r. dei gratia patriarchae hierosolym . salutem . cum charactere crucis simus insigniti , & pungat nos negotium terrae sanctae stimulis interioribus , in . paschae , anno gratiae . praesentibus pluribus magnatibus regni nostri , firmavimus passagium nostrum certum terminum eidem assignando , videlicet , à nativitate sancti johannis baptistae , ejusdem anni in quatuor annos , ad quem terminum per auxilium jesu christi , nos ad ipsius domini servitium accingemus , quod intimare poteritis magnatibus terrae sanctae , prout vestra viderit discretio expedire . scire etiam vos volumus quod si illustris rex fraxciae terras nostras a progenitoribus suis , et ab ipso occupatas nobis restituerit , indubitanter passagium anticiparemus . teste rege apud westm . . die junii . eodem modo mandatum est archiepiscopo tyrensi , th. regi cypri , boemund . principi antioch . & com. trepol . a. etton , regi armen . constanc . bajulo arm. johanni de ibellin . com. jopen . johanni de fogiis constab . acon . philippo de montforti , t. domino tarron . j. caesar . consuli & communitati januen . consuli & communitati pisan . consuli & communitati venetorum . eodem modo scribitur magistris templar . hospitalar . & domus hospital . teuton . cum hac adjectione . caeterum cum bonas ut audivimus habeatis in domo vestra naves , vos rogamus attentè , quatenus meliores naves & fortiores quas habetis praeparetis nobis commodandas . ita quod praeparentur & munitae sint , nautis & armamentis convenienter per unum annum ante passagium nostrum , ut equi , arma & alia quae promittere volumus in terram sanctam salvè valeant in eis deferri ; providentes , quod cum applicuerint servientes nostri cum praedictis praemissis salvas habeant domos , & receptacula secura quibus se cum rebus praedictis , usque ad adventum nostrum valeant receptari , & anno sequenti remittantur naves praedictae , quibus nos ipsi cum sequacibus nosti is valeamus securè transfretare : tam sollicite vos habentes circa praedicta , quod per experientiam addiscamus quam ferventem habeatis ad succursum terrae sanctae devotionem , & versus personam nostram affectionem . teste ut supra . the archbishops , bishops , and clergy being very averse and backwards to assent to , or levy the triennial disme granted by the pope to the king , towards his voyage to the holy land , he thereupon summoned all or most of them then in england to a parliament at london , where he pressed them to give their assents to the popes grant for his supply ; the proceedings therein , and great oppositions made against it by the bishops and lords , is thus at large related by our historians . festo autem beati edwardi imminente , ( quod de consuetudine dominus rex consuevit semper in magno comitatu & apparatu splendido celebrare ) convenerunt , veluti ex ●dicto regio convocati , totius angliae praelati ferè universi . omnes nempè episcopi , praeter cestrensem valetudinarium , & archiepiscopum cantuariensem , qui in partibus tum temporis agebat transmarinis , simul & herefordensem , & praeter archiepiscopum eboracensem , qui ob incertam nobis causam , nisi fortè quia remotus abest , remansit , ibidem praesentes exstitere . protulit igitur in medium dominus rex coram omnibus ibidem congregatis , papale mandatum , omnibus regni aemulatoribus exosum & detestabile . quod videlicet contulerat dominus papa totam regni decimam , videlicet proventuum totius ecclesiae anglicanae , de potestate sibi à deo concessa , per triennium , ad regia viatica peregrinationis , adjuncto magnae verbo offensionis , scilicet , non secundum aestimationem ecclestarum pristinam , sed secundum aestimationem novam ad inquisitionem strictissimam , ad voluntatem et arbitrium regiorum satellitum et extortorum faciendum , qui astute nimis et damnum ecclesiae inaestimabile , et servitutem perpetuam procurantes , suis semper primum propriis , deinde vero etiam regiis emolumentis inhiarent . argumentosè igitur regii nuntii episcopis congregatis supponentes , quod tali ac tantae contributioni consensissent , vulpina calliditate exigebant , quod soluta pecunia duorum annorum , secundum papale mandatum , pecunia tertii anni ante peregrinationem , licet hoc in papali mandato autentico non contineatur , pecunia totaliter , secundum formam praetaxatam collecta , solvatur peregrinaturo , vel saltem ejus pars dimidia , regi benigna gratuitate ac benignitate gratuita concederetur . tunc enim , ut dicebant , dominus rex versus orientem iter dirigeret & vexilla . quod cum inter alios episcopus * lincolniensis , admirans verba tam venerata , & ad subversionem ecclesiae intoxicata , audiret ▪ in ira magna respondit : o quid est hoc pro nostra domina ? vos ex inconcessis proceditis . supponitisne vos , quod nos in hanc maledictam contributionem consenserimus ? absit haec à nobis ad baal genuum incurvatio . cui electus wintoniensis ait : pater , quomodo poterimus resistere voluntati papali ac regiae ? vnus impellit , alter attrahit . consenserunt franci in hoc casu contributioni consimili , ut videlicet regi suo peregrinaturo subvenirent . fortiores nobis sunt , & ad resistendum consueverunt esse proniores . et nos qualiter valemus illis resistere ? ad haec respondit iterum lincolniensis epi copus : eò ipso resistendum est , quod franci contribuerunt . binus enim actus inducit consuetudinem . praeterea , luce clarius videmus , proh dolor ! qualem finem sortita est tyrannica regis francorum extorsio pecunialis . terreant nos exempla praeambula . ne igitur et rex et nos gravem dei offensam incurramus , pro me dico voce libera , huic injuriosae contributioni contradico . sententiae igitur huic consensum praebuerunt alacriter et incunctanter , londinensis , cicestrensis , wigorniensis episcopi , et electus wintoniensis , et fere omnes alii . sarisburiensis autem fluctuabat . et addidit lincolniensis episcopus . supplicemus omnes domino nostro regi , quatenus de salute animae suae sollicitetur , impetum tantae refraenans temeritatis . haec autem omnia cum fida relatione nunciarentur domino regi , quasi furia invectus , nec se prae ira capiens , vocem cum clamore exaltavit , & omnes , qui in sua camera fuerunt , velut furiosus aufugavit . tandem suis familiaribus aulicis ipsum blandius mitigantibus , significavit praelatis , quatenus non quasi domino protervienti , et de praecepto papali exigenti , sed tanquam supplicanti , et jesu christo in terra sancta militaturo , et in ipsam pro honore universalis ecclesiae peregrinaturo , competens auxilium pecnniare liberaliter et benigniter largirentur . ( a clear demonstration , that the pope had then no legal authority to impose any disme or tax upon the clergy by his bulls , for the king himself , without their common consent thereto . ) quod cùm praelatis renunciaretur , mitiùs se habentes , responderunt : credimus indubitanter , quod si dominus papa veraciter intelligeret , quot angariis , quot exactionibus damnosis anglicana gravatur et opprimitur ecclesia , nunquam talia dominus rex in curia romaua impetrasset . et si ipsum dominum papam super his plenius certificemus , haud dubito factum suum , nec est mirandum , tanquam ex suppressa veritate , et suggesta falsitate deceptus , illico revocaret . nunc enim dominus rex per forestarum suarum ampliationes , nunc per justitiarios suos itinerantes , nunc novis placitis excogitatis , nunc modis aliis regnum suum depauperat . quo exinanito , necesse est consequenter ecclesiam quoque depauperari & egere . quid de praelatis referemus , quos idem dominus rex in nobilibus intrudit ecclesiis ? quam miserabiliter extorsit bona terrae , suis cantuariensis archiepiscopus bonifacius , qui se propterea debitis tot finxit obligatum , ut sine totius ecclesiae anglicanae adjutorio non poterat ullo modo respirare ? nec adhuc cessat dominus rex , ipsi modo fas est talia recitare . quotidiè aliis atque innumeris argumentis regnum suum & ecclesiam , contra sacramentum & juramentum suum primitivum , tàm pecunia quàm libertate privare antiqua & consueta . et praeterea jam ab omnibus creditur et dicitur , quod non ob aliud , ut videtur , se cruce signavit , nisi ut hoc novo modo et praetextu omnem substantiolam in anglia , quae remansit , valeat asportare ; sicque redigat mellifluum , et abundantissimum angliae regnum , in desertum : vel saltem subrogatis et introductis alienigenis , suis incolis viduet in eo natis et educatis . nonne dudum in pueritia sua , quando in regem faeliciter creabatur crucem utique patris sui regis johannis , tunc etiam crucesignati humero suo pro ipso assumpsit , unde timendum , ne ipsam crucem eodem modo , & ea intentione dominusiste rex , qua pater ejus eam assumpserat , patrissans assumpserit . ut & iste rex videlicet , quod absit , suos supprimar , & conterat naturales & fideles subditos . veruntamen quicquid hactenus egerit , quantumcunque ecclesiam anglicanam , & regnum suum angliae oppresserit & afflixerit , quod postulat a nobis adhuc impendemus & desiderio suo pro posse obsecundabimur , si quod multoties promisit , velit chartam toties pactam , totiesque debitam libertatum nobis juratarum inviolabiliter posthac observare . necnon & aliam chartam conficere , ne alia vice sub praetextu hujus gratiae talia exigat , ut ecclesia anglicana tam execrabili tributo & exactioni supponatur . ceterum requirimus , ut si concedatur pecunia , quam dominus rex in praesentiarum nunc à nobis petit , & exigit , colligatur diligenter ac fideliter ad opus domini regis utiliter distribuenda , in terram sanctam profecturo , prout fidelibus suis cautius solito videbitur expedire , et sic eadem pecunia domino regi liberetur . haec autem propterea addebant , quia totum thesaurum suum quem ab anglis dominus rex extorserat , in damnum regni & suorum fidelium periculum , in usus hostium & inimicorum suorum tàm prodigialiter quàm prodigaliter distribuerat ; ac si arma sua quis hostibus suis in suum sponte distribuat detrimentum & exitium . haec salubriter inter filios pacis praelatos tractabantur , ut haec regi ex parte eorum significarentur . postquam domino regi talia ex parte praelatorum nunciarentur , & plenius intermeante episcopo sarisberiensi recitarentur , ira incandu●t vehementiori : corrugansque nares , juravit horribiliter , quod nunquam dum vitales aures carperet , in talem mergeretur servitutem . in hoc patris sequens vestigia pedetentim . significavit autem eisdem iteratò , si aliter vellent respondere , quam sic tergiversando . sed ne frontosè viderentur , cum praecisa negatione respondisse , dominosuo regi dixerunt , se non posse plenum aut perfectum consilium inire absque domini cantuariensis archiepiscopi , qui totius britanniae primas esse dignoscitur , & praelatorum omnium angliae excellentissimus , praesentia & assensu , & domini archiepiscopi eboracensis , qui primus , vel de primis est totius regni , consensu & providentia , quorum unus in partibus agebat transmarinis , alter absens in partibus remotis commorans causis ignotis impeditus . upon which answer the king issued the * premised writs to the archbishops of canterbury and york . rex igitur pecuniae factus sititor avidissimus , ad solitas vulpinas fraudis versutias conversus , quos non potuit in consilio communi frangere congregatos , cogitavit divisos frangere sigillatim . vocavit igitur , antequam à londino recessissent , soluto concilio memorato , elyensem episcopum , ut cum ipso secretius loqueretur . adventanti igitur episcopo , rex reverenter , & honorifice nimis assurgens advocavit eum , & cessit ei ut juxta ipsum eundem episcopum familiariter collocaret . et satis humili , & sereno vultu , ait ad eum , domine charissime episcope , difficile mihi foret omnia beneficia , liberalitates , & obsequia mihi à vobis multoties impensa recitare . in provinciam enim itinere laborioso ac periculoso , ut mihi uxorem meam adduceres , sumptibus propriis vestris animo libenti perrexisti . mihi insuper in ultramarinas partes profecturo semel & iterum auxilium efficax infatigabiliter impendisti . quid plura ? nunquam auxilio indigui , quin prompto favore meam praeveniretis , vel saltem prosequeremini indigentiam . nunc autem plusquam unquam vestra indigeo munificentia & solita benignitate . assumpsi enim , ut vestra novit paternitas , crucem domini humeris meis , pro honore universalis ecclesiae , et regni prosperitate in terram sanctam magnifice bajulandam . cujus peregrinationis vos meos fideles , & benefactores desidero & oro specialiter fore participes . supplico igitur modis omnibus quibus possum , quatenus in bonum caeteris exemplum me in instanti necessitate quae multas postulat expensas juvare non omittatis , aliorum teporem non respicientes . ego verò nacta temporis opportunitate , vobis in uberiobus beneficiis condignam rependam vicissitudinem . episcopus autem in hac stabilis existens temptatione , istis nugatoriis sermocinationibus , respondit dicens ( subticent moderatè damnum sibi illatum de nundinis s. aetheldredi pro nundinis s. edwardi , apud westmonasterium innovatis ) domine , si aliquando vobis servivi , multum mihi complacet , sed noverit serenitas vestra , quod à forma quam universitas compromisit , & in fide propositum roboravit , nullatenus volo nec valeo , quia inhonestum mihi foret , recedere vel sequestari . si autem nos praelati , vestro voluntario impetui flecteremur , ecclesia depauperaretur , & in laesionem fidei ac sacramenti vestri perpetuae servituti subjaceret ac tributo . ad memoriam si placet revocandum est , qualiter sancti multi pro sanctae ecclesae libertate feliciter exularunt & gloriosè occubuerunt interempti . quid beatum thomam commemorem martyrem gloriosum ? quid successorem suum beatum edmundum nobis contemporaneum ? coruscat copia exemplorum , quae omnia in vestrum opprobrium redundare comprobantur . terrere vos deceret regis francorum , vobis pro speculo à deo demonstratum , qui extortam à regno suo pecuniam in suam hostibus distribuit redemptionem , & inde nostros inimicos , scilicet saracenos , amplius saginavit . unde qui prosequenture nos veloces erant , & qui odernnt nos victores gloriantur . imo armis & pecunia nostra d●iati gratulantur . et quicquid de rege deinceps contingat memorato , opprobrium indelebile contraxit ex praeteritis , scilicer , quod christianorum nobilissimus praeda factus est saracenis , propter quod nonnulli à fide recedentes ( pro dolor ! ) apostatarunt . et haec omnia rapinae imputamus praetaxatae . cum autem haec audisset rex , quasi alto vulnere saucius , nec adhuc rationi adquiescens , exclamavit inordinatè nimis , dicens ministris , ejicite rusticum hunc , ejicite , & ejectum excludite ut amplius coram me non compareat , qui et solamen mihi denegat , et juvamen . et sic qui ingrediens satis curialiter fuerat advocatus , probis exiit laces●itus . simili quoque modo quorundum aliorum quos secretius ad se fecit accersiri , moliebatur constantiam enervare , quorum verba licet pondere non carentia , causa brevitatis praeterimus . hac autem versutia summopere conabatur praelatorum sibi mentes inclinare , ut sic consequenter nobilium corda ad consensum suum incurvaret contributionis , sed ipsorum consilium a praelatorum sententia dependebat . eodemque die venit electus wint. ad dominum regem fratrem suum ut valedicto licentiatus repatriare● . rex autem non prout decuit ipsum facie serena appellavit , nec assurrexit sicut consuevit venienti . cui ait electus , domine , mihi videtur , solvitur concilium , patefactum est vobis prout ut mihi videtur praelatorum incommutab●le propositum . in procinctu sum , ut de vestra licentia redeam praematurus . non enim placida mihi est in hac urbe mora diuturnior : domino deo vos commendo . at rex . et ego te diabolo vivo . deberes mecum stare , etsi totus mundus mihi adversaretur , qui frater meus es uterinus . et ego te malo grato dei & ejus sanctorum , & eorum ad quos spectat de jure electio promoveri , & ad tantam provexi dignitatem , ut nulli de clerico in divitiis secundus in anglia videaris . cui electus de illepido verbo commotus , respondit . domine , annis sum juvenis , placere vobis quia me creasti , ut & ego factus sim puerilis , absit ut ab universitatis quae dominum & vestrum honorem diligit sententia recedam . et sic recessit adiracundiam provocatus . rex autem eodem tempore a civibus londinensibus , qui secundum chartarum suarum tenorem , & antiquam consuetudinem fore deberent liberrimi , viginti marcas auri precibus extorsit imperiosis , velut a servis ultimae conditionis , ut jamjam viderentur servilibus judaeis paulò minus aequiparari ; besides other oppressions there at large related . interim igitur tam papae quam regi in sua tyrannide mutua favorem et fomentum praebenti , ira suscitatur , et odium internum accumulatur , quos omnes molesti hominum vocabunt perturbatores , ut quasi completum videretur illud apostolicum , nisi discessio venerit , non revelabitur filius iniquitatis . iam utique imminet discessio manifesta , etsi non corporum , cordium tamen ( quod gravius est ) exasperatio fere generalis contra romanam ecclesiam suscitatur , et igniculus extinguitur devotionis . the king receiving a peremptory denial of this triennial disme from the bishops , as aforesaid : * rex igitur ne viderentur quidam magnates qui jam illuc advenerant inaniter fuisse convocati , districtè tractatum suscitavit , quid agendum de terra sua gasconlae , &c. et dum super his inter omnes anceps penderet sententia , rex in calce sermonis , auxilium pecuniare ac militare redivivo spiritu instantissime flagitavit sibi peregrinaturo impendi , ac christo pro salute communi militaturo . ad quod communiter responderunt quod eorum responsio à praelatorum responsione dependebat , nec voluerunt ab eorum asertione discrepantes sequestrari . et sese mutuo intuentes , secreto auribus instillarunt dicentes : quae spes rationabilis istum erigit regulum , qui nunquam militari edoctus disciplina in martio certamine , equum admisit , gladium eduxit , hastam vibravit , aut clypeum ventilavit , ut triumphet , ubi capto francorum rege occubuit militia gallicana , aut inqua confidit temeritate terras transmarinas potenter adquirere quas possessas nequivit retinere ! et sic cum magna indignatione objurgantes , et asserentes ipsum natum tantum ad pecuniam emungendam crumenis evacuatis , et debitis multiplicatis , ad propria remearunt . soluto igitur cum regis , cleri , & magnatum indignatione concilio , rex iram & odium praecordiale thesaurizavit ; credens haec omnia sibi facta & dicta in spiritu maligno & exoso , mal gnandi materiam parturire . unde incorrigibilis , adhuc quae conceperat tempore nacto oportuno , circinando proposuit consummare . solutum est igitur concilium ; rex hinc inde , tam contra magnates , quam contra praelatos , ira succensus vehementi ; cogitavitque legatum vocare , qui clerum compelleret ad praedictae postulationis contributionem auctoritate apostolica ; licet grave foret tributum , et ecclesiae servitus nova et intolerabilis . et sic mala malis immineban● cumulanda . taliter igitur caursinis & judaeis , & aliis creditoribus impinguatis ; praelati cum magnatibus clitellis evacuatis , dolentes et egentes , recesserunt . this year the bishop of lincoln out of a pious zeal endeavouring to enforce many who had benefices in his diocess , to take upon them the order of priesthood against their wills , they thereupon collecting a great sum of money , sent it to the court of rome , and therewith procured a license to teach school for some years , without taking orders , money being there more prevalent then piety , or the peoples souls . diebus quoque sub eisdem , cum multi beneficiati in diocesi lincolniensi , persuadente efficaci admonitione episcopi lincolniensis , ut ad gradum sacerdotii volentes aut nolentes promoverentur , fuerunt multi colla jugo domini supponere super hac forma renuentes , qui contributionem communi assensu inter se colligerent , thesaurumque non minimum coadunantes , ad romanam curiam miserunt , et papali auctoritate , effusa pecunia quae multum in ipsa curia potest , huic episcopali decreto restiterunt ; et licentiam impetrarunt , per aliquot annos sine sacerdotio scholas exercere . et sic specie honestatis , de sub jugo domini colla vulpinis calliditatibus excusserunt . he likewise out of his hatred to religious persons , ( write the monks ) after long expectation obtained a bull from this pope , to augment the small scandalous endowments of vicaridges in churches , appropriated to religious houses throughout his diocesse , which procured their hatred against him , rather then pure real love . sub ejusdem autem anni circulo , episcopus lincolniensis robertus , ut religiosorum proventus mutilaret , & partes vicariorum adaugeret , hujusmodi mandatum à sede apostolica ante expectatum est adeptus . innocentius episcopus , &c. venerabili fratri lincolniensi episcopo , &c. cum , sicut accepimus , in tua civitate & diocesi nonnulli religiosi & alii collegiati ecclesias parochiales in proprios usus obtineant , in quibus nimis exiles , aut nullae taxatae sunt vicariae , fraternitati tuae per apostolica scripta mandamus , quatenus in eisdem ecclesiis de ipsarum proventibus vicarias institutas , et institutas exiles adaugeas vice nostra : prout juxta consuetudinem patriae secundum deum videris expedire . non obstantibus si praedicti exempti sint , aut alias muniti apostolicis privilegiis , sive indulgentiis , per quae id impediri vel differri possit : et de quibus specialem oporteat in praesentibus fieri mentionem : contradictores per censuram ecclesiasticam , appellatione postposita , compescendo . datum lugduni , calend. octobr. pontificatus nostri anno octavo . episcopus igitur memoratus ( plus , ut dicitur & videtur , in odium religiosorum , quam vicariorum dilectionem et promotionem ) multis hujus auctoritate mandati religiosis damna intulit & gravamina . simili quoque modo , imminebat jactura magna nobili ecclesiae sancti aedmundi regis & martyris , cum ventilata fuisset causa de manerio de mildenhale . et ut brevibus concludamus , sic jam vergit mundus ad praedas et rapinas , ut quiconque religiosis aliquid extorqueat , non demereri , sed mereri potius videretur . tempore quoque sub eodem , subiit abbas & conventus ecclesiae sancti mariae eboraci , maximam cum infamia jacturam , propter quandam chartam quam adversarii eorundem ( quorum maximus fuit johannes franciscus clericus regis de scaccario ) judicarunt forè reproliandam . creditur autem indubitanter eundem johannem , qui natione borealis , reditus suos de bonis ecclesiae memoratae in partibus illis siuenter desideravit ampliare , illud secus quàm animae suae expediret procurasse , cum scribatur , vae homini , per quem aliquod scandalum generatur . coacti sunt igitur , maximam pecuniae summam regi numerare . insuper terras & reditus opimos , perpetuò amittere , & infamia indelebili deturpari . dispersi sunt igitur monachi & illa nobilis ecclesia omnimodam induens confusionem , discrimini patuit & ruinae . simili quoque modo , abbatiam de selebi , ob causam consimilem memoratus persecutor johannes ( quem ult or dominus monoculaverat propter praecedentia merita ) irrestaurabilibus damnis lacessivit . how the popes example in conferring ecclesiastical benefices on italians and other illiterate persons , unfit for the ministry , and no wayes minding the cure of souls , by his provisions , induced the king to do the like , this narrative will inform us . rex autem solitis insistens deliramentis , eschaetas & reditus vacantes quasi in hujusmodi contradictionis ultionem , alienigenis ignotis , illiteratis , scurrilibus , & penitus indignis non destitit distribuere , ut sic suorum naturalium corda insanabilius sauciaret . et si de aliis sileamus , unum huic volumini duximus annotandum . capellano siquidem fratris sui galfridi de lizinnum , quo utebantur dominus rex , & dominus ejusdem capellani galfridus memoratus , & tota eorundem curia tanquam stulto & nebulone infatuato , ut ejus nugis veluti jocalatoris desipientis , & clavigeri omnes cachinnarent , contulit dominus rex bonam ecclesiam de prestona , quae fuerat willielmi de haverhulle regii thesaurarii nuper defuncti , cujus fructus annui ad pretium plusquam centum librarum ascendere dignoscuntur . istum nempè capellanum natione pictavensem , mores ac literas penitus ignorantem , vidimus lapidantem dominum regem & galfridem fratrem ejus , & alios magnates , dum in pomaerio sancti albani spatiarentur , cespitibus , lapidibus , & pomis viridibus , & acerbas uvas in oculos eorundem exprimentem , tanquam expertem rationis . gestu quoque , verbis & habitu , necnon corporis qualitate & quantitate despicabilis , histrio potiùs quàm sacerdos in dedecus ordinis sacerdotalis poterat judicari . ecce quibus dominus rex multa animarum millia committit et committi procurat custodienda , spernens tot literatorum , tot discretorum , tot idoneorum , quam anglia genuit , numerositatem . quae et linguam novit indigenarum , et ruditatem informare . similiter & alia ecclesiarum beneficia , quae ejusdem willielmi memorati extiterant , contulit rex inconsulte , velut ad provocandum sponte iram et odium dignorum , indignis et ultramarinis , quorum insufficientiani et inutilitatem gestus inordinati , et verba non tantum scurrilia , seddelira et obscoena reprobos indicabant . hanc autem materiae digressionem , genialia suspiria elicuerunt . how proud , insolent and refractory to our kings , the great possessions , liberties , franchises granted by kings to prelates and religious persons , made them , will appear by this answer of king henry the d. to the master of the hospital of st. johns of hierusalem ; the true cause why he began to check and controle them by non obstantes , by the popes example . tempore quoque sub eodem , magister hospitalis hierosolymitani in domo de clerkenwelle , in pace expectans donec tempus quietis idoneae inveniret confabulandi cum rege , de quadam manifesta injuria ipsi illata querulus patefecit : chartas quoque regum & suam de protectione ostendit . cui rex voce elevata , iratus respondit , praevio magno juramento : uos praelati et religiosi , maxime tamen templarii et hospitalarii , tot habetis libertates et chartas , quod super fluae possessiones vos faciunt superbire , et superbientes insanire . revocanda sunt igitur prudenter quae imprudenter sunt concessa ; et revocanda consulte , quae inconsuite sunt dispersa . et addidit ; nonne dominus papa quandoque , imo multoties factum suum revocat ? nonne apposito hoc repagulo , non obstante , chartas cassat praeconcessas ? sic et ego infringam hanc et alias chartas , quas praedecessores mei , et ego temere concessimus . cui magister hossitalis , quem priorem appellant , respondit alacriter vultu elevato : quid est quod dicis , domine rex ? absit , ut in ore tuo recitetur hoc verbum illepidum & absurdum . quamdiu iustitiam observas , rex esse poteris ; & quam 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 hanc infregeris , rex esse desines . ad quod rex nimis incircumspectè respondit ; o quid sibi vult istud , vos anglici ! vultis ne me , sicut quondam patrem meum , à regno praecipitare , atque necare praecipitatum ? the same year the pope to promote his own designs to the prejudice of the king , in vindicating his rights in france , and to empty earl richards coffers , and imploy him in his wars , by proffering him a crown , which he had no lawfull title to dispose of , like the devil when he tempted our saviour to fall down and worship him , sent his notary into england to effect these designs . circa festum quoque sancti martini , venit magister albertus domini papae notarius in angliam , qui jam biennio elapso venerat , quando scilicet parabatur rex erancorum transfretare , ex parte domini papae prohibiturus , ne rex anglorum terras regis francorum deo militaturi quomodolibet infestaret . causa autem adventus sui , multos latuit in principio ; sed effectus per opera causam posteà patefecit . dominus autem papa , sciens comitem richardum fratrem domini regis prae omnibus optimatibus occidentis pecunia abundare ( non curans qualiter adquisita ) satis astutè providit , ut ipsum ad regnum apuliae , sieiliae , & calabriae eligeret et vocaret , ut ipse comes papae militans , exposita sua pecunia dubiis martis ca●bus , et corpore suo periculis praesentato , haec omnia adquireret ad romanae curiae emolumentum , et thesauros in sui damnum maximum accumulandos . hujus fretus sophistica deceptione , qui dixit , haec omnia tibi dabo , si cadens adoraveris me . noverat enim papa , quod comes hydropisi pecuniali insatiabiliter laborabat , et dignitate temporali . tali igitur edulio hamum recurvum fecit concupiscibilem , quo credidit eum citius inescare . et tunc mysterium manifestatum est , quare dominus quondam apud lugdunum tantum honorem fecerit comiti richardo ; ut cum ipso prudenter collateraliter , & tantum applausum ei fecerit , ut omnes mirarentur ; sed non credebatur aliquatenus à quampluribus , ut consentiret aliquatenus comes papalibus promissionibus ; tum quia corpore sanus & integer nullatenus extitit , tum quia in armis strenuus nec exercitatus extitit , tum quia inhonestum videretur nepotem suum henricum supplantare , tum quia certa pro incertis non est sapientis commutare . sed haec omnia dominus papa tolerabilia , sed nec inconvenientia fuisse judicavit . sciendumque , quod ea die qua comes richardus epulabatur cum papa , captus est infoelici sidere rex francorum . hoc mihi haec scribenti , idem comes assertivè narravit . * matthew westminster addes , sed cum comes exigisset securitatem , videlicet quaedam castra domini papae & obsides ut esset in possessione , & aliqua saltem securitate de papali promisso : respondit albertus se papam super haec convenire . albertus interim multa sibi beneficia acquisivit , quibus acquisitis , transalpinavit : et audita ( dominus papa ) comitis responsione , noluit aliquod propositum continuare de praemissis . i find that the king upon this popes proffer of the kingdom of sicily to earl richard his brother , returned him special thanks ; assenting that he should grant to his brother , or his heir , a competent ayde from the clergy of his realm to gain this kingdom , alwayes saving the ayde formerly granted to himself for his voyage to the holy land , thus entred in the clause rolls . sanctissimo in christo patri i summo pontifici , h. rex angliae , salutem . ecclesiae romanae matri nostrae & praecipuè piae paternitati vestrae quantas potest humana devotio referimus gratiarum actiones , de eo quod richardum comitem cornub. prae caeteris mundi magnatibus elegistis ad culmen regni siciliae , quod inter caetera regna magnum esse cognovimus , cencenties nos in ipsius exaltatione non mediocriter honoratos . verum cum venerabilis vir magister albertus notarius vester nos , ex parte vestra curiosè sollicitaret , quod ipsius fratris nostri negotio , circa praedictum regnum adquirendum consilium & auxilium impenderemus , non immemores omnium bonorum & gratiarum specialium , quae multociens ab ecclesia romana suscepimus , ut filii grati & devoti acceptamus , quod a clero regni nostri praefato com. vel haeredi suo negotium adquisitionis ejusdem regni prosequenti competens auxilium impertiatur . salva nobis per omnia gratia vestra concessa , et si placet concedenda ad negotium crucis , quod assumpsimus exequend . teste rege apud westm . . die januarii . bishop grosthead being suspended his bishoprick this year by the pope . for opposing his provisions , and trampling them under his feet , as you heard * before , caused his clerks to make a diligent inquiry to what an annual summe they amounted to , who found them to exceed about . thousand marks , and treble the summs of the king ordinary revenues , wherewith he inriched his kindred and attendants three times more then any his predecessors had done . ipso quoque anno in tantum permissa est romanorum avaritia , et in tantum adeo ascendisse , quod episcopus rob. lincolniensis super hoc stupefactus , fecit a suis clericis diligenter computari et considerari alienorum proventus in anglia , per istum papam , scilicet innocentium promotorum , et inventum est et veraciter compertum , quod nunquam aliquis praedecessorum suorum in triplo aliquos sui generis vel patriae tot ditaverit : et quod iste papa praesens videlicet innocentius quartus , plus ecclesiam universalem depauperaverat quam * omnes praedecessores a tempore papatus primitivi ( prout manifeste patet in lugubri querimonia quam posuerunt franci , coram papa pro suis intolerabilibus oppressionibus ▪ quae reducta est in scriptum epistolae admodum prolixae , as matthew paris addes in his historia minori . ) redditusque clericorum per ipsum in anglia alienorum , quos ecclesia romana ditaverat ad plusquam ● . millia marcarum ascendit . bedditus regis merus , non ad ejus partem tertiam computatur . as this pope multiplyed his provisions in england , more then all his predecessors , so did he likewise in france , as the french agent told him to his face this year , in the name of the whole realm , who by a pubilck letter and remonstrance , thus protested against his intollerable innovations , oppressions , which they neither would nor could tollerate any longer . * dicturus quod injunctum est mihi , certè non multum temporis elapsum est , ex quo dominus papa alexander , persecutionis cogente incommodo , venit in franciam , confugiens ad subsidium inclytae recordationis regis ludovici patris regis philippi ; à quo benignè susceptus est , & stetit ibi diu ; & fortè vivunt aliqui qui viderunt ●um : ipse tamen in nullo gravavit ecclesiam gallicanam , ut nec unam solam praebendam aut aliud beneficium ipse papa dederit ibi , sed nec aliquis praedecessor suus , nec multi etiam de successoribus dederunt in sua auctoritate beneficium aliquod , usque ad tempora domini innocentii . qui primus a●sumpsit sibi jus istud : in tempore suo , revera dedit multas praebendas , et similiter post ipsum dominus honorius , et dominus gregorius simili modo fecerunt , sed omnes praedecessores vestri , ut publice dicitur , non dederunt tot beneficia ut vos solus dedistis . &c. as well in england as in france . w●●● therefore might matthew paris thus conclude this year in relation to england . * anglia vero ab alienigenis conculcata , et multis dominis inclinata , su●que regis sincera dilectione viduata , extremis quoque subjacens conditionibus , inconsolabiliter contabuit desperata . et quod gravissimum est , diatim inter ecclesiam et populum odium venenosum suscipit incrementum . and here before i proceed further , ● shall present you with the opinion o● our learned judicious antiquary a sr. roger twysd●n of the originall , & progresse of papall provisions in england ; after his relation of the deprivations of anselme , and william , elected archbishops of canterbury and york , by the pope upon appeals an. . and between . and . ( the two first elections nulled by papall authority in england . ) he subjoynes , b here i may observe , that at first when even the pope made void an election , he did not take upon him to appoint another in the place vacant , but either sent to the clergy of the same church to chuse another , as those to whom it appertained ; so did c euge●us , to york , when d henry murdac was chosen , innocentius d. when stephen langton , or else the bishoprick lay vacant , as london after anseline , from . to . but elections being with much strugling setled wholy in the clergy , and e innocentius . having by definitive sentence excluded the english bishops from having any part in that of the archbishop of canterbury , they becoming wholy appropriated to the chapters , and cathedrals , the pope began to creep in , f & ex concessa plenitudine ecclesiasticae potestatis , as h●spea●● , without aeny formality of choice , to conferre not only bishopricks , but other ecclesiastical promotions , within the precincts of dioceses , by that meanes to fill the fat benefices of the nation . the first archbishop of canterbury promoted by this absolute power of the church of rome , seemes to have been richard anno . g non electo sed dato ad archiepiscopatum . the french h agent in his remonstrance to innocent . attributes the beginning of these collations to innocent the . ( whose words i forecited he recites at large , with those of matthew paris . ) by which it appears , that great liberty the pope took in conferring ec●lesiastical preferments within the diocesses of others , took its rise from pope innocent . and as it seems to me , not at the beginning of his time ; for anno . k gelardus archbishop of st. davids comming from rome , quia idem g. menevensis ecclesiae in curia romana se dicebat electum , hoc ipsum cassavit archiepiscopus , & alium sacravit canonice electum : though he afterwards bestowed on him a church of . marks ; and this in a case the pope had so earnestly estoused , as he writes to the bishops of durham , lincoln , and ely , si archiepiscopus saepè dictum gelardum consecrare differret , ipsi apostolica authoritate freti , illum consecrare non differrent ; l which yet the archbishop as against the english liberty , did not doubt to oppose and disanull . but this it continued not long , for m honorius the imm●diate successor to innocentius , showing such as served the apostolick see , and resided with it were worthy , congruis beneficiis honorari , and were therefore possessed of divers both in england and other parts , which they did administer with so great care , quod non minus beneficiantibus quam beneficiatis utiliter est provisum , unde , quia nonnunquam beneficiatis hujusmodi decedentibus beneficia quae obtinuerunt , inconsultis hiis ad quos eorum donatio pertinebat aliis successivè collatis , perpetu● illis ad quos pertinent videbantur amitti , propter quod etiam murmurabant plurimi , et alii se difficiliores ad conferendum talibus beneficia exhibebant : nos volentes , super hoc congruum remedium adhibere , ne cuiquam sua liberalitas sit dampnosa , per quam potius meruit gratiam & favorem , statuimus , ut clericis ecclesiae romanae , vel aliis italicis , qui praebendas vel ecclesias , seu alia ecclesiastica beneficia in anglia obtinent vel obtinuerint , à modo decedentibus , praebendae vel ecclesiae , seu alia beneficia nequaquam à nobis vel alio illa vice alicui conferantur , sed ad illos liberè redeant ad quos illorum donatio dignoscitur pertinere . datum laterani , quarto calendas marcii , pontificatus nostri anno quinto . yet neither this , nor the renewing of it by n gregory the th . with a special indulgence , directed , venerabilibus fratribus universis archiepiscopis & episcopis , ac dilectis filiis abbatibus , & aliis ecclesiarum praelatis per angliam constitutis , &c. ut si quando ad vos literae apostolicae pro beneficiandis hujusmodi de caetero emanarunt , ad provisionem ipsorum inviti non teneamur , nisi de hac indulgentia plenam fecerint mentionem . datum laterani , calendas maii , pontificatus nostri anno quarto , &c. could quiet the english , or keep them from that confederation in p matthew paris anno . beginning , tali episcopo & tali capitulo , universitas eorum qui magis volunt mori quam à romanis confundi , &c. which th● popes by wisdome , and joyning the regal authority with their spiritual , found means to bring to nought , and pursuing the papal interest without regarding what had past from them , gave the q kingdom occasion anno . to observe , that in only three years otho had remained legate here , he bestowed more then . spiritual promotions , ad suam vel papae voluntatem , the pope having r contracted ( as the report went ) with the romans to conferre to none but their children and allies the rich benefices here , especially of religious houses , ( as those perhaps he had most power over ) and to that effect had written to the bishops of canterbury and salisbury , ut trecentis romanis in primis beneficiis vacantibus providerent . so that in the ſ council at lyons an. . they complained of these exorbitances , and shew the revenues the italians received in england , not to be lesse then or thousand marks . and in the year following an. . reiterated their griefs to innocent . t quod italicus italico succedit ; which yet was with little successe , for the popes having ( as we have heard ) first setled all elections in the ecclesiasticks , and after upon several occasions , on the submitting of the english to his desires , bestowed the benefices in this and other kingdoms on his dependents , john the . ( or as u some think clement . his immediate predecessor ) endeavoured the breaking of elections by cathedrals and convents , reserving the free donation of all preferments to himself alone . from whence proceeded the reiterated complaints against papal provisions , in the parliaments of edward the . and x richard the . for this kingdom never received his attempts in that kind . of which ( god willing ) i shall render you a full account in due place and time , out of our parliament rolls and other records . upon the great complaints and opposition then made against the multitudes of popes provisions to forraigners both in france , and england , the pope was enforced to grant some seeming mitigation and relaxation of them this year , thus related by matthew paris . tempore quoque sub eodem , concessit dominus papa his qui dignitatibus gaudebant , & supra modum , in partibus maximè transalpinis opprimebantur , ut ritè de ipsis dignitatibus , ipsi , ad quos pertinebat electio , deum habentes prae oculis , ordinarent . literae autem super hoc in libro * additam ntorum annotantur ; where they are thus entred . innocentius episcopus servus servorum dei , dilectis filiis abbati & conventui monasterii sancti albani ordinis sancti benedicti , ad romanorum ecclesiam nullo medio pertinentis , lincolniensis dioecesis , salutem & appostolicam benedictionem . editum a nobis de novo statutum , de verbo ad verbum praesentibus fecimus annotari . cujus tenor talis est . innocentius episcopus servus servorum dei , venerabilibus fratribus archiepiscopis & episcopis , ac dilectis filiis abbatibus , prioribus praepositis , decanis , archidiaconis , archiepresbyteris , aliis ecclesiarum praelatis , earumque capitulis , & conventibus , seu collegiis tam exemptis quam non emp●●s , ac patronis , clericis , ac laicis praesentes literas inspecturis , salutem & apostolicam benedictionem . postquam regimini generali ecclesiae , nos ( licet immeritos ) divina pietas voluit praesidere , cordi semper habuimus , quod honestatem & ordinem in omnibus servaremus , ac in provisionibus faciendis haberemus illius providentiae modum , per quem ecclesiis & monasteris , sive aliis piis locis , honor & commodum perveniret . quod autem quandoque contrarium accidisse dignoscitur , tum propter improbitatem nimiam * petitorum , saepe nobis dolorem intulit , & cordi nostro suspiria cumulavit . maxime cum post multa diffugia et excogitatae resistentiae studium , provisiones quasdam prorsus inviti fecimus , quas potuisse vitare pro magno et solenni gaudio duceremus . cum itaque dudum fuerimus mente vigiles , ut super hiis adhibere remedium possemus opportunum ; nos pro quiete mentis nostrae , ac pro ecclesiarum , monasteriorum , & locorum praedictorum salute duximus statuendum , quod singuli vestrum canonias & praebendas , ac beneficia , seu personatus , & dignitates , cum cura vel sine cura , redditus & etiam pensiones , ad collationem , aut electionem , seu praesentationem vestram spectantia , quae obtinentur à quibuscunque oriundis extra regna , in quibus canonicatus & praebendae , ac alia supradicta , seu apud sedem apostolicam maneant , seu alibi commorentur ; extunc personis idoneis , deum habendo prae oculis , conferre , vel eas ad illa eligere , ac electas confirmare , praesentatas admittere , sublato cujustibet contradictionis et appellationis obstaculo , valeatis , & extunc personae ipsae in eisdem canon●●s , & praebendis , ac beneficiis , seu dignitatibus , & personatibus , redditibus , & pensionibus , plenum jus & inconcussum obtineant . nec tamen de iis priusquam vacent se aliquatenus intromittant , sed ipso jure quam citiùs vacaverint , assequantur , & ipsi intrandi ac retinendi , nullius requisito consensu , liberam habeant facultatem . ita tamen , quod illi qui nunc ipsa obtinent , ea quousque cessarint , vel decesserint , pleno jure pacifice habeant et quiete , ac nullum omnino super hiis praetextu statuti ejusdem , praejudicium patiantur . volumus tamen , quod si sub expectatione praebendarum , in ecclesiis in quibus provisum fuerit dictis personis , prius aliqui sint recepti , vel si super provisione sua in eis literas apostolicas impetrarunt , sicut in receptione vel impetratione , sic in praebendarum assecutione , personis praeferantur eisdem . si vero aliqua personarum ipsarum , cui obtentu ejusdem statuti provisum suerit , vel ei juxta modum inferius annotatum contigerit , de vestra liberali gratia provideri , cedat interim vel decedat , licitum sit vobis , tam cito loco sui aliam idoneam subrogare ac successive hoc facere , in cujusvis earundem cessione vel obitu personarum , sub divini tamen judicii obtestatione praecipimus , quod personae ipsae contra possessores dictorum canonicatuum & beneficiorum , ac praebendarum , seu personatuum , & dignitatum , reddituum , seu pensionum , nullasinsidias , aut fraudem , vel molestias , sive quod●umque aliud inconveniens machinentur . alias autem ipso facto cadant ab omni jure , eis super provisione hujusmodi adquisito cum dignum sit quod sicut gratia pro virtute tribuitur , ita paena pro vitio compensetur . pro malitiis autem cohibendis , quae hujusmodi forsan occasione statuti oriri possent in mentibus perversorum , volumus , quod si aliquem cui subrogatio ejusdem statuti facta fuerit ( quod absit ) perimi contigerit , quoquo modo , taliter subrogatus possessionem suae provisionis non habeat , nec aliquod apprehendat , nisi prius apostolicas vel ordinarii & aliquorum religiosorum virorum deum timentium , patentes litteras obtinuerit , quod de morte sic occisi suspectus nullatenus habeatur . caeterum quia personis eisdem in grave nosset redundare taedium , quod vacationem canonicatuum , & praebendarum , ac aliorum praedictorum , perlonga tempora expectarent , ad hoc nostra desudet intentio , ut de canoniis & praebendis , ac beneficiis , seu personatibus , & dignitatibus , redditibus , & pensionibus , ad vestram collationem aut electionem vel praesentationem spectantibus , quae praeter hujufmodi provisionem vestram vacant ad praesens , seu vacare contigerit , dummodo nulli alii de jure competant , liberaliter ac sine mora provideatis eisdem , & postquam ipsarum loco alias personasidoneas quàm citiùs subrogetis . ad haec statutum praedictum quamvis juri oppositum , quod pro causa legitima & salubri ad nullius requisitionem vel instantiam , proprio motu fecimus , plenam & inviolabilem firmitatem volumus obtinere . sed tamen ad alias collationes , & electiones , seu praesentationes , quas à quocunque de caetero fieri contigetit , idem statutum nullatenus extendatur , nec sanctionibus canonicis propter ipsum , imposterum aliquod praejudicium generetur . praeterea , null● privilegia vel indulgentiae , seu literae apostolicae sedis , vel legatorum ejus , sub quacunque forma verborum de caetero intrandae , obsistant praefato statuto , cum jam plenum jus per hujusmodi collationem , aut electionem , seu praesentationem , adquiratur personis eisdem , & illud eis tolli non possit absque divini offensa nominis , & sedis apostolicae injuria manifesta , nos enim nihilominus si aliquid super iis contra praefatum statutum contigerit attemptari , non solum irritum ac inane decernimus , sed omnes qui contra venire praesumpserint , divinae maledictioni ac nostrae volumus subjacere . licitumque sit vobis universis & singulis tanquam nostris in hac parte ministris , nostras seu legatorum nostrorum lacerare literas , si quae statuto ipsi contrariae , vobis aut alicui vestrum fuerint praesentatae . canonicatuum insuper & praebendarum , ac beneficiorum , & aliorum praedictorum , possessio ( sicut praedictum est ) nihilominus intretur , ac retineatur liberè : non obstantibus literis memoratis . saepe dictum verò statutum , ad pontificatus & abbatias , ac alias regulares , extendi volumus dignitates . vos itaque filii abbas & conventus , statutum ipsum prout expedire videritis , authoritate nostra diligenter & fideliter exequi studeatis . datum laterani , tertio nonarum novembris , pontficatus nostri anno undecimo . thus much for the papal provisions to robbe patrons ; i proceed to bishops devices to deprive the king of his right of presentation to churches in that age . the bishop of lincoln , and vicar-general of the bishop of hereford , by new tricks and devices endeavouring to deprive the king of his right of presentations , and to vex his clerks presented to them in their courts , in derogation of his crown and its rights ; the king thereupon issued these two writs against them , to answer their contempts and redresse these abuses , under pain of seising their baronies . rex vicecomiti buck. salutem . praecipe roberto lincolniensi episcopo , quod admittat artaldum de sancto romano ad ecclesiam de flamstede ; et nisi fecerit , pone per vadium & salvos plegios praedictum episcopum , quod sit coram nobis à die pasche in . dies , ubicunque , &c. ostensurus , quare non fecerit . teste rege apud dovor , . die marcii . rex priori campan . gerenti vices p. hereford . episcopi , salutem . frequenti quorundam relatione jam pervenit ad aures nostras , quod vos praesentationem nostram factam de johanne capellano ad ecclesiam de manselowe , quadam perpetua calliditate nitimini pro viribus vestris adnullare , denegando praefato capellano nostro inquisitionem , quae nulli de populo deberet unquam in regno nostro denegari , sicque delusoriè mandata nostra , pluries vobis inde directa parvipendendo , set potius spernendo , praefatum johannem non mediocriter infecto negotio fatigatum , ad nostram praesentiam fecistis esse reversum , quod quidem molestè ferimus , & indignum , veruntamen hoc diutius aequo animo ferre non valemus : vobis mandamus firmiter injungentes , quatenus cum in vacationibus ecclesiarum quarum ad nos pertinet praesentatio , nullum tempus contra nos currat , in inquisitione facienda , & ulterius ad institutionem ipsius johannis secundum ritum ecclesiasticum procedatis , ne super hoc oporteat nos de caetero sollicitari : scituri pro certò , quod nisi praecedentes machinationes ad nostram exhaeredationem excogitatas , per subsequentia purgaveritis , dissimulare non poterimus , quin ad baroniam ipsius episcopi manus regias apponamus , quia nolumus hujusmodi frivolis machinationibus exhaeredari . teste rege apud westm . . die marcii . he likewise issued this writ to the sheriff of hertford , to remove the queens chaplain out of the church and rectory of flamstede , belonging to him by his prerogative , by reason of a wardship , and to put his clerk in possession thereof . mandatum est vicecomiti hertford . quod sine dilatione amoveri faciat willielmum de london quondam capellanum reginae , & omnes suos existentes in ecclesia de flamstede ▪ non permittens ipsum vel suos aliquam habere administrationem de domibus vel bonis ejusdem ecclesiae , quam rex contulit artaldo de sancto romano , quia nullus praeter ipsum artaldum possession● ejusdem ecclesiae posset incumbere ▪ sine praejudicio juris patronatus ad regem specta●●is r●●●one custodiae terrae , & haeredis radulfi de tony. teste rege apud wistm . ● . die martii . the archbishops official holding plea concerning the right of an advowson and presentation , appertaining to the king by his prerogative , by reason of a vacancy , to the prejudice of his crown and dignity , the king thereupon sent this memorable prohibition to him . rex magistro a. de len. offic. cantuar. & commissionar . suis , salutem . cum tempore progenitorum nostrorum regum angliae , et nostro hactenus sit obtentum , quod vacantibus abbatiis , prioratibus , et aliis quibuscunque domibus religiosis regni nostri et in manu nostra existentibus , conferre possimus ecclesiastica beneficia ad hujusmodi domos pertinentia ; et nos ratione vacationis domus sancti thomae de acon in london . dilectum clericum nostrum rogerum de messenden ad ecclesiam de colchirch in london . durerimus praesentandum ; fratres ejusdem domus , et hugo capellanus eorum ab eisdem fratribus indebite praesentatus ad eandem , dictum clericum nostrum inde trahit in placitum coram vobis in curia christianitatis . et quia hoc est contra coronam et dignitatem nostram , et manifeste cederet in nostram et haeredum nostrorum exhaeredationem , vobis prohibemus ne placitum illud de caetero teneatis . teste rege apud woodstock , . die augusti . though bishops might usually grant administration of the goods of clerks deceased , yet the king by his royal prerogative issued these writs to the bishops of norwich , coventry and lichfield , not to make any disposition , or grant any administration of the goods of a clerk deceased , indebted to him , till his debt was satisfied , and his further order . quia simon . de norwic. in pluribus debitis regi tenebatur : mandatum est norwic . episcopo , quod de bonis quae fuerunt ipsius simonis nullam alienationem seu etiam dilapidationem de caetero fieri sustineat , vel aliquem aliquam habere administrationem , donec praedicta debita de bonis praedictis regi solvantur , & aliud à rege habuerit in mandatis . teste rege apud westm . . die februarii . eodem modo mandatum est r. coventr . & lichfield . episcopo . the archbishops official proceeding in a cause of bastardy upon an appeal , according to the canon law , against the * law of the land , and statute of h. . c. . against a former certificate of the bishop of the diocesse , the king thereupon issued this prohibition to him . mandatum est magistro e. de len. offic. cautuar . quod quia r. landavensis episcopus significavit regi , quod mereduc filius griffini de legitimo matrimonio coepit originem , in causa quae vertitur coram ipso super bastardia ipsius mereduc , non procedat , quia si ulterius procederet , hoc esset contra legem terrae , et ad exhaeredationem ipsius mereduc . teste , &c. and whereas the kings justices without his privity issued a writ to the bishop of landaffe , to make a new inquisition and certificate in this case of bastardy , the king thereupon sent this supersedeas to the bishop , not to proceed therein . rex w. landavensi episcopo , salutem . quod justiciarii nostri de banco nomine nostro paternitati vestrae demandaverunt , inquisitionem facere de legitimatione mereduc filii griffini , ex nostra conscientia non emanavit , cum alias nobis ad mandatum nostrum significastis , ipsum legitimum esse , et de legitimo matrimonio natum , unde non est necesse , quod super hoc iteratam facias inquisitionem . teste rege apud eveshaw ▪ . die novembris . the archbishop of york suing and vexing the barons of heth both in the spiritual and temporal courts , in a case of wreck , against their priviledges , the king thereupon issued these writs of prohibition to relieve them from these unjust vexations . rex benè recolit , quod querela quae nuper erat inter archiepiscopum eborum , & barones regis de heth , de wrecco maris , posita fuit in respectum usque ad adventum ejusdem archiepiscopi in angliam . et quia contentio illa jam resuscitatur , sicut ex querela praedictorum baronum rex intellexit . et mandatum est e. de lenne offic. praedicti archiepiscopi , ne super hoc ipsos molestet , aut in aliquo vexet ante adventum praefati archiepiscopi . teste rege apud dover . . die marcii . monstraverunt etiam iidem barones regi , quod ballivi archiepiscopi in com. kanciae eos injustè molestant , trahendo eos in placitum pro transgr . & aliis ad forinsecas curias , quae in villa regis de heth placitari & terminari debuerunt & consueverunt . et mandatum est praedictis ballivis , quod ab hujusmodi vexatione & molestia penitus desistant , ne pro defectu , &c. teste ut supra . et mandatum est vic. kanciae , quod si praedicti ballivi contra mandatum regis venerint , nullatenus permittat praefatos barones ad forinsecas curias à ballivis suis super praemissis trahi , aut ab eis in aliquo injustè molestari . teste , &c. per ipsum regem . the dean and canons of arfarden in ireland , petitioning the king in an illegal form for a license to elect a new bishop , the king out of his meer grace , gave power to his chief justice in ireland , in his stead , to give them a license to elect , so as they duely presented the person elected to him for his confirmation when elected . licet decanus & canonici arfardens . ecclesiae vacantis , per cessionem brendani quondam loci ejusdem episcopi , licentiam eligendi sibi alium in patrem & pastorem per literas suas clausas , et aliter quam deceret a nobis , per simplicitatem forte petierunt , ob quod petitioni suae acquiescere non debuimus , volentes tamen eis in hac parte gratiam facere specialem ; mandavimus justic . hiberniae , quod licentiam eligendi eis ad praesens vice nostra concedat , ut electione facta electum suum nobis per literas & personas quas decet praesentent . teste rege apud westm . . die aprilis . per regem . the bakers of essex , hertford , and other counties presuming this year to make the sing or print of the crosse , agnus dei , or the name of jesus , upon the bread they sold , to their great abuse and prophanation , the king thereupon by his supream ecclesiastical authority , issued writs to the sheriffs to prohibit this prophanation for the future , by publick proclamation . mandatum est vicomiti essex . & hertford . quod clamari faciat per totam ballivam suam , et firmiter ex parte regis prohiberi , ne quis pistor panem faciens venalem , signum crucis , vel agni dei , vel etiam nomen iesu christi , imprimi faciat in pane suo , ne per culpam pistoris , vel alio casu inopinato , signa praedicta , vel nomen domini , quod absit , deturpetur . teste meipso apud sanctum edmundum die septembris . eodem modo mandatum est aliis vic ▪ the church of henechdun in ireland , being but a parish church within the archbishoprick of tuam , belonging to the archbishoprick , was made a bishoprick by the king , by presenting two bishops to it ; whereupon the archbishop procuring a bull from the pope , to reduce it to a parish church as before , humbly petitioned the king , for his confirmation thereof ; which he did upon condition that the king should enjoy a parcell of lands within the town , by way of exchange for other lands to be settled in lieu thereof , to build and fortifie a castle , as this writ more at large relates . rex justiciario hiberniae , salutem . accedens nuper ad nos venerabilis pater tuamensis archiepiscopus cum quibusdam privilegiis & scriptis continentibus , quod henechdun ecclesia ab antiquo , non cathedralis , set parochialis extitit , licet duo episcopi successive de facto ibidem sedem obtinuerunt cathedralem , nobis devote supplicavit , ut hiis quae authoritate sedis apostolicae de reducendo eandem ecclesiam ad statum antiquum , fuerant ordinata , regium favorem et assensum impendere dignaremur : ( the popes bull being null without it , ) nos igitur prudentiae vestrae committimus , ut retenta nobis & haeredibus nostris quadam placia in villa de henechdun . idonea , ad castrum firmandum , de ejusdem archiepiscopi & capituli assensu , ac exceptis quibusdam aedificiis archiepiscopi & clericorum ecclesiae circumjacentibus extendi faciat villam , antedictam quantum valeat in terris , redditibus & omnibus aliis exitibus ; ut habito valore praedicto , possimus eidem archiepiscopo & successoribus suis providere in terra , in loco competenti sibi proficuo & nobis minus damnoso , ad valorem villae memoratae , & vos praevideatis & extendatis terram dicto archiepisco in excambium assignandam , nobis plenè rescribentes extentam tam villae praedictae , quàm terrae praefato archiepiscopo & suis successoribus in escambium assignandae . et quia sumus possessione , vel quasi juris patronatus praedictae ecclesiae , ex hoc quod licentia eligendi a nobis petita fuerit , et facta electione assensus noster requisitus , nolumus quod perdonatio jus patronatus in manibus nostris remaneat , donec de hoc plenius fuerit discussum . et nobis scire faciatis de cujus patronatu praefata ecclesia fuerit antequam episcopus ibidem praeficeretur , & inquiratis diligenter in quarum terrarum possessione fuerit ecclesia henechduamensis antequam episcopus crearetur in ecclesia antedicta . et salva tenura tenentium , terras illas & redditus quos percepit episcopus henechduamensis de eisdem , faciatis archiepiscopo saepè fato assignari , & idem archiepiscopo contra tenentes supradictos in prosequendo jus suum justitiam exhibeatis & favorem , eisdem in curia nostra de mense in mensem diem assignantes . teste rege apud woodstock . . die augusti . the archbishop of dublin having excommunicated stephen lungespe and his servants , against law , the king issued this mandamus to him to absolve them . mandatum est archiepiscopo dublin . quod sententiam excommunicationis stephani lungespe illatam penitus relaxet , quam in homines ipsius stephani promulgavit . et mandatum est justic . hiberniae quod ipsum ad hoc inducat . the king this year out of his meer grace , gave his royall assent to the election of an abbot , and of a bishop of ireland , approved by the pope , which he would not have drawn into president for the future , they first swearing fealty to him . rex volens willo . electo in abbatem sancti thomae dublin . gratiam facere specialem , quam trahi rex non vult in consequentiam , mandavit i. filio g. iustic . hiberniae , quod confirmat a electione sua et ipsius accepta fidelitate , de omnibus terris & possessionibus ad abbatiam suam spectantibus , plenam eidem electo seisinam habere faciat . teste rege apud merton . . die maii. rex postulationi factae de philippo quondam decano de waterford , quam dominus papa approbavit in episcopum waterford , assensum regium adhibuit , et favorem . et quia idem phillippus fecit regi fidelitatem quae ad regem pertinet . mandatum est i. filio galfridi , justic , hiberniae , quod de praedicto episcopatu & de temporalibus ad illum spectantibus eidem philippo plenam seisinam habere faciat , prout moris est . teste rege apud win●s . . die junii . et mandatum est omnibus de episcopatu illo tenentibus , quod ei intendentes sint & respondentes . per regem . the king to ingratiate himself with the pope , as he issued a special writ to pay the thousand marks annual tribute for england and ireland , granted by king john to the pope himself , and another pension to a cardinal the year * before , so he this year gave order for present payment of an annual pension , to the popes chamberlain , to facilitate his affairs at rome . rex thesaurariis & camerariis suis , salutem . liberate de thesauro nostro sine dilatione bernardo prosper mercatori senen . . marcas ad opus magistri boccii , camerarii domini papae , de termino sanct. michaelis , anno &c. . deannuo feodo suo , . marcarum quas ei concessimus singulis annis percipiendas ad scaccarium nostrum . teste rege apud westmonast . . die marcii . per regem . this year the king by these letters patents constituted a proctor for . years , to prosecute and defend his suites and affairs in the popes court. rex omnibus &c. salutem . noverit universitas vestra quod nos dilectum clericum nostrum rogerum luvell , in curia domini papae procuratorem constituimus adimpetrand . contradicend . et iudices eligend . in cujus , &c. duraturus a natali domini anno , &c. . usque ad finem trium annorum proximè sequentium . teste rege apud glouc. . die novembris . per ipsum regem . you heard * before what tumults archbishop boniface had raised in his visitation , about which he went to rome ; upon his return into england , anno . there fell out a very high contest and fray between him and the bishop elect of winchester , and their parties , excommunicating , imprisoning , and assaulting each other , to the high violation of the publike peace , the scandal of the church , government , and derision of all sober persons , thus recorded to posterity . anno quoque sub eodem , infra octavis sancti martini , quidam sacerdos authoritate electi wintoniensis , se ingessit in custodiam cujusdam hospitalis in suwerc , quod in episcopatu wintoniensi esse dignoscitur . vocatur autem prior qui custos est ipsius xenodochii , de consuetudine cohabitantium , quod beatus thomas martyr fundasse perhibetur . magister autem eustachius de len archiepiscopi cantuariensis officialis , videns sibi in hoc facto derogari , eo quod ratione patronatus debuit ejus assensus intervenisse , quod per contemptum omissum est , admonuit dictum cedere sacerdotem , iterum & tertio ; eo quod introitus ejus extitit injuriosus & praesumptuosus . sacerdos autem , qui & prior dicitur , hoc facere renuit , suae incumbens possessioni . officialis autem ratione contumaciae , ipsum fecit excommunicari . in qua excommunicatione , dictus prior stetit diebus quadraginta , multiplicans minas et convitia . officialis igitur talem non ferens superbiam , jussit ipsum tanquam contumacem capi . quod audiens prior , se vestimentis sacerdotalibus intrans ecclesiam communivit . ministri autem ad hoc missi ut ipsum caperent , ipsi minimè pepercerunt , quia claves ecclesiae excommunicatus contempserat . jussit igitur officialis ipsum duci apud maidenestone manerium archiepiscopi donec deliberaretur quid super hoc faciendum , quia dicebatur , quod archiepiscopus prope jam erat , reservaturum . hoc autem audiens electus wintoniensis , secus quam decuit ira excanduit . et quasi magnam cum dedecore passus injuriam , fratribus suis gravem praesentavit querimoniam . quorum elatus auxilio et consilio , convocata manu militari armata , cum comitatu non minimo consequente , misit eos ut quaererent et caperent hujus auctores violentiae . ipsi igitur cum magno impetu et tumultu quasi in hostili bello , venerunt apud suwerc , credentes ipsos illic invenisse . omnia igitur perlustrantes , cum nullum invenissent , festinanter ad maidenestonenses , ut priorem captum & retentum potenter liberarent , rapido cursu pervenerunt . et obstantia violenter confringentes , & abdita rimantes , cum quem quaerebant non invenissent , quia absconditus extitit , ignem postularunt , ut omnia redigerent in favillam . et post multas injurias ibi perpetratas , postquam quod quaesierunt non invenerunt , certificati per aliquem susurronem ubi tunc extitit quaesitus officialis , scilicet apud lamhet , juxta london . illuc glomeratim avolarunt . ubi subvectis à vectibus ostiis vel confractis , intrantes catervatim , subitò ante horam prandii , ipsum officialem , nil tale praemeditatum , hostiliter ceperunt & indecenter . et captum trahentes , imposuerunt eum quasi vilissimum mancipium furto deprehensum , quo volebant abducendum . nec permissum est ad ipsum equiferum dirigendum lora retinere . o temeraria praesumptio ! o inexcusabilis irreverentia ! quae tam autenticum virum , tam excellenter literatum , tam perspicue famosum , personamque archiepiscopi representantem , tam ignominiose tractavit et fatigavit . capellanum insuper qui capellae deserviebat , ad cornu altaris confugientem , convitiis affectum inhumanè tractaverunt : manibus sacrilegis res ecclesiasticas invadentes . magister autem henricus de gaunt hunc audiens tumultum , pavore qui poterat in constantem cadere perterritus , cautè effugiens , elapsus est ; ne in manus caderet animam ejus requirentium . officialem igitur , postquam omnia quae ira , imò furor persuaserat , perpetraverant , usque fernham traxerunt per habenas ; donec de restitutione capti prioris certificarentur , violenter invitum retinentes . tandem permissus abire , abjectè & viliter est expulsus . qui pro tempore gaudens , quod manus aduncas & hamatas evasisset , pedes , nec ausus retrospicere ne in statuam verteretur , usque walerle , domum cisterciensium , licet senex , avolavit . quem cum viderent monachi , admirabantur , quisnam casus ipsum solum & fugitivum ad ipsos sic fugarat . ibi igitur consolatione suscepta , respiravit . passi igitur tantam injuriam archiepiscopales , coram ipso archiepiscopo super tanta praesumptione , de magnis majora , & de gravibus graviora derivantes , cum fletibus & suspir●is gravissimam reponunt querimoniam . archiepiscopus igitur plusquam dici potest ira motus , ait : hi sunt dur ▪ rumores , in primo adventu nostro . assumptis igitur secum cicestrensi & herefordensi episcopis , londinum profectus est . et ipse et duo episcopi memorati , pontificalibus redimiti , coram innumerabilibus , quos ad hoc fecerant voce praeconia convocari , concessa advenientibus venia triginta dierum , apud sanctam mariam de arcubus , horribiliter nimis ac solenniter omnes hujus temeritatis auctores et fautores ( exceptis duntaxat domino rege et regina cum liberis eorum , et comite richardo et comitissa uxore ejus , et liberis eorundem ) excommunicavit . scripsit insuper omnibus episcopis suffraganeis suis , quatenus in virtute obedientiae , qua tenerentur ecclesiae cantuariensis obligati , similia facerent in ecclesiis suis singulis diebus dominicis et festivis , districte praecipiendo . e contra electus wintoniensis confestim demandavit decano de s●we●c , & quibusdam sibi subjectis aliis , ut ipsi archiepiscopo contradicentes , in faciem denunciarent palam , ipsam sententiam penitus nullam esse : imo inanem et frivolam , in peccatis esse vulpinam excusationem . sed archiepiscopales de hac injuria et scandalo jam inde orto , ad summum pontificem appellarunt . fuerunt equidem nonnulli neutri partium faventes , qui dicerent archiepiscopum manifestè injuriatum fuisse electo . quia ut cessarent tales controversiae , procuratum fuerat , ut fieret compositio quaedam , quod tota domus memorata non obstante titulo patronatus , dispositioni episcopi wintoniensis solvendo inde tres solidos annuos pro recognitione , subjaceret . et ita uterque diffamatus notam incurrit injuriosae violentiae , dum cives memores procacitatis , quam archiepiscopus in primo suo impetu londini fecerat , et extorsiones pecuniae infinitas , quas idem procuraverat , necnon violentiam regis in sui creatione , et suorum beneficiorum enormem collationem , recitarent . et ex alia parte regales , scilicet pictavenses notam proditionis sibi innatae , cum aliis convitiis , sicut moris est objurgantium , sortiuntur . fueruntque de civibus haec audientibus non pauci qui optarent , ut hii illos excerebrassent , alii reliquos eviscerantes . et cum scribatur , vae illi , vel illis , per quos scandalum v●nit : utraeque partes ortis opprobriis et scandalis non minimis periclitabantur . sic igitur regales contra reginales , pictavenses contra provinciales , quos multae faciunt possessiones insanire , miseris anglis dormientibus debacchantur , ac si certarent qui eorum eliminatis indigenis , regno praefore excellentius mererentur . veruntamen famae ventilatio pictavenses plus condemnavit , quia electus contra superiorem suum , tam superbe excedendo modum , confisus de fratre suo rege , qui ipsum ut deus novit , creaverat . et sic maxime , quia per proditionem patris dicimur pictaviam amisisse . archiepiscopus autem bonifacius ignem irae conceptae sub cinere thesaurizans , & condignè insistens ; prout magister eustachius qui magis laedabatur , & magis doluit , instigavit ultioni de tam enormi transgressione , versus oxoniam gressus maturavit , ut ibidem convocata scholarium universitate , quae de diversis mundi partibus illic studuit congregata , factum tam nefarium seriatim in publico propalaret ▪ ut sic non lateret per relationes eorum tanta culpa remotas etiam nationes . qui cum illuc veniens , civitati appropinquaret , perrexit ei obviam in equis faleratis & praeelectis indumentis , innumerabilis cleri multitudo ; & ei , ut decuit , tanquam archiepiscopo & totius angliae primati , ac genere praeclarissimo reverenter occurrendo , applausum fecit & honorem , & pransurum in esculentis & poculentis abundanter respexerunt . quorum facetiam , gestus maturitatem , vestium compositionem , morum severitatem cum archiepiscopus & ejus umbratiles clerici provinciales considerassent , confiteri cogebantur , quod oxoniensis universitas aemula parisiensis censeri promeretur . in crastino igitur beati nicholai , coram universis clericis , quos pulsato signo communi fecerat ad hoc congregari , praesumptuosam temeritatem , ac temerariam praesumptionem electi wintoniensis , sumens ex rege confidentiae audaciam , fratrumque suorum & complicum , in propatulo fecit recitari , & nomina transgressorum expressè publicari , & sententiam saepedictam innovavit , quae in literis plenius conscribuntur , quas idem archiepiscopus constituit episcopis suis suffraganeis transmitti universis . in quibus plenius nomina transgressorum exprimuntur . quas qui intueri desiderat , librum requirat additamentorum , qui apud sanctum albanum repositus , omnem hujus negotii summam plenius declarabit . constat autem universis & singulis , electum & fratres ejus , hujus factionis auctores extitisse . the archbishops narrative in his additamenta to which he referres , followeth in these words . humani generis inimicus modernis non cessat temporibus subtiliter indagare modos , quibus in dei ecclesiam seminet zizaniam , ut ea pullulante ▪ in ipsius densitate pacis tranquillitas & virtutum suavitas , in agro domini suffocentur . cujus tortuosae calliditati est remedio celeri obviandum : ut sic principiis occurratur morbo , ne in immensum augmentato , serò medicina paretur . ut igitur per nostram prudentiam error corrigatur , & excessus emendetur , fraternitati vestrae dolentes referimus , quae in ignominiam jesu christi , in vituperium ecclesiae dei , in scandalum cleri , necnon & pacis regni fracturam , temera crudelitate sunt atrocius perpetrata . quidam filii belial suae salutis immemores , famae prodigi , malignitatis cupidi , videlicet , philippus de foresta senescallus domus electi wintoniensis , guido peverel , walterus de rale , gulielmus de s'earmund , oliverus de familia domini galfridi de lizinum , gulielmus de sancto leodegario , robertus agoillun milites . prior de lizinni , cum monacho suo , martinus balistarius , & frater ejus johannes picard , gulielmus gaucer , stephanus de croinden , praefati electi clerici , gulielmus clericus , ballivus ipsius electi , & alii quamplures quorum nomina ignoramus , die dominica post festum omnium sanctorum proximè praeteritum , de die ante horam prandii ad manerium nostrum de lamheth , juxta londoniam , cum equis & armis in furoris spiritu accesserunt , nobis agentibus in partibus transmarinis , & ostia domorum & capellae frangentes , ibidem in magistrum eustachium de len officialem nostrum , qui nostram personam repraesentat , ac in presbyterum nostrum qui in capella beatorum stephani & thomae martyrum deserviebat : insuper in quosdam homines nostros , qui in dicti loci ecclesia parochiali , se receperant ; atque in res sacras & alias quae in praedicta ecclesia & dicti manerii cameris existebant , manus sacrilegas extenderunt , & dictum officialem ceperunt , & alios qui erant in ecclesia , à cornu altaris ad quod confugerant , violenter extrahentes , ipsum officialem in dei contumeliam , clericalis ordinis ignominiam , & nostri ac ecclesiae nostrae , & in totius angliae dedecus & contemptum , sine capa in equo demissis de collo habenis , & insidenti non permissis , presbyterum verò peditem per lutum , & alios captos pulsando , & verberando , ad domum wintoniensis electi in suwerc , in conspectu populi turpiter abduxerunt , captos detinentes ibidem . postmodum verò ipsum officialem & laicos captos in ecclesia , die & nocte ad loca remota prope fernham , ad unum miliare in districtu dicti electi , inde viliter & violenter captivatos transtulere : quoad sibi placuit detinentes eosdem , & res ipsorum & nostras , apud lamheth raptas , exinde asportantes . cum igitur tot & tanta enormia , necnon & plura alia non solum contra nos , & ecclesiam cantuariensem , verum etiam contra universalem ecclesiam , & clerum cantuariensis provinciae , evidenter appareant perpetrata : nos attendentes dictos malefactores , propter injectionem manuum in clericos violentam , in canonem latae sententiae incidisse : et quia libertates & immunitates ecclesiae violarunt , incurrisse excommunicationis sententiam , in concilio oxoniae contra malefactores hujusmodi promulgatam . insuper quia sacrilegia in hiis multipliciter commiserunt , ac pacem domini regis ac regni vi & armis timore dei postposito , & abjectâ principis reverentiâ , ausu temerario infregerunt : ipsos & omnes illos qui eis in dicto maleficio asteterunt , necnon & qui opem , authoritatem , & consilium , & assensum praebuerunt , authoritate dei omnipotentis , patris , & filii , & spiritus sancti , & beatae dei genetricis mariae , beati thomae martyris , sancti edmundi confessoris , & omnium sanctorum , excommunicatos denunciamus : vobis mandantes in virtute obedientiae qua tenemini ecclesiae cantuariensi , firmiter injungentes , quatenus praefatos malefactores in vestra cathedrali ecclesia solemniter ac publicè excommunicatos denuncietis , ac per vestram diocaesim excommunicatos denunciari publicè faciatis : pulsatis campanis , candelis accensis , singulis diebus dominicis & festivis , & tanquam excommunicatos ab omnibus arctius evitari . caeterum , quia vicini res agitur , paries cum proximus inflammatur , & meritò timeatur , quod si haec impunè fiant in viridi , hiis deteriora perpetrentur in arido , cum impunitas delicti incentivum pariat delinquendi , fraternitatem vestram de qua plenam in domino gerimus fiduciam , rogamus , quatenus adversus malignantes pro domo domini , nobiscum viriliter assurgentes , nobis consulatis , & per literas vestras certificetis , qualiter in hoc negotio ulterius fuerit procedendum . datum apud croindenam in crastino sanctae catharinae , anno domini . ab hac denuntiatione tamen excipimus dominum regem , dominam reginam , et liberos eorundem , dominum richardum comitem cornubiae , et dominam comitissam uxorem ejus . has quidem literas missas ab archiepiscopo , transmittit episcopus eliensis suo archidiacono . during this contest between the archbishop of canterbury and bishop of winchester , the king fearing it might draw the nobles into parties , and raise a war between them , for preserving the kingdoms peace , by his supreme power issued these writs to several nobles to take part with neither side , and to raise no armes nor tumults by reason of this quarrel , being meerly ecclesiastical . rex com. glouc. salutem . quia contentio inter venerabiles patres b. cantuar . archiepiscopum & a. winton . electum nuper orta , ex causa spirituali sumpsit exordium , ad nos vel ad vos , vel ad alias personas laicales non pertinet , alteram partem juvare , seu fovere , per quod hujusmodi contentio inter eos acrius convalescat , & regni nostri tranquillitas perturbetur . et ideo vobis mandamus , in fide qua nobis tenemini firmiter injungentes , quod super praemissis in nullo vos intromittatis , firmiter inhibentes omnibus vestris ex parte nostra , sub amissione terrarum & tenementorum suorum , ne propter hoc arma portent vel tumultum faciant , ad perturbationem pacis nostrae , neutri partium vel eorum fautoribus auxilium impendendo . teste rege apud brommere , . die decembris . idem mandatum est com. hereford . com. maresc . com. albemarl . johanni de waren . edmundo de lacy. what high * contests then likewise grew , between the archbishop of canterbury his suffragans , and religious houses of his province , the bishop of lincoln , the canons , priests , monks , nuns , of his diocesse and others , and what confederacies , expensive appeals , journies to , and bribing in the court of rome , concerning visitations , procurtaions , purchasing moderations of , or exemptions from them , to the great disturbance of the church and state , through their covetousness , pride , oppression , ambition , you have heard already in part , of which our histories rēder us this further account . i shall begin with those relating to religious persons or orders first , in all which we find no inquisitions upon oath , being expressely prohibited by the * popes decretals prescribing the manner and form of visitations . diebus quoque sub eisdem , abbas cluniac . venit angliam , monachorum suorum visitator , ordinis resartor , et pecuniae sedulus investigator . et dum in anglicanis partibus emolumentis intentus , moraretur , quidam confines sui in ultramarinis partibus quaedam sua castra cum pertinentiis violenter occuparunt . unde oportuit ipsum , festinanter remeare . anno quoque sub eodem circa festum sancti michaelis significabant literatoriè monachis sancti albani , dominus theobaldus prior de hurleia , & dominus jacobus supprior ecclesiae sancti augustini cantuariensis , domini papae capellanus , quod venturi erant ad sanctum albanum ad visitationem ibidem faciendam , sicut provisum fuit apud sanctum salvatorem londini . et postulatae sunt induciae apud suwerc in ecclesia sanctae mariae ex parte conventus , usque in diem dominicam proximam ante diem omnium sanctorum , quod concessum est ab eisdem , qui proposuerant & mandaverant , quòd in die sancti dionysii advenirent . interim promisit dominus abbas sancti albani , ut quicquid emendabile foret , laudabiliter ante adventum eorum declararetur , & ipse procul dub●ò processu temporis , omnia emendanda emendaret . quod & compromissum est , ne aliquid scrupulosam querelam suscitaret tumultuosam . cùmque dicto die ambo venirent , in crastino fecit supprior sermonem in capitulo . deinde fecit legi suum autenticum . posteà statuta quae in provinciali capitulo , celebrato londini , salubria fuerant , & ordine monastico valde necessaria , prout patet in libro * additamentorum , ubi plenè scribuntur . et cum nullum offendiculum invenissent , licet per singulos requisitos diligens fecissent scrutinium monachos , per moram quatuor dierum , in pace recesserunt . aliqui autem de monachis ecclesiae sancti albani , ad visitationem apud sanctum aedmundum & alibi faciendam sunt directi . abbas autem sancti albani johannes secundus , eodem modo satisfecit conventui in omnibus quae se promiserat ante visitationem emendaturum posteà , sicut satisfecerat suus praedecessor abbas willielmus , quando fuerat ab abbate de boxle & abbate de begcham auctoritate papali visitandus . scilicet neuter bene : promisit enim conventui inter alia , quod generale suum & pitantias , quas primus omnium ad cameram suam attraxerat , omnino remitteret , nisi in refectorio vel oriolo cum sociis suis pranderet : & quod pitantias , quas willielmus abbas praedecessor suus à fratibus infirmis abstulerat , & pretium earum in vinum suum convertebat , integraliter restitueret : sed completa visitatione , cum nihil de praemissis sibi objectum fuerat , promissa sua ad effectum minime perducebat . such was the faith , integrity , honesty , of those religious persons promises to each other in that age . concerning the archbishop of canterbury and his suffragans , contests , appeals , about their visitations , the popes moderating of them , and procurators with the bribes and proceedings therein this year , our historians render us this account . tempore quoque sub eodem fuit quidam procurator generalis magister . ex parte episcoporum angliae , contra archiepiscopum cantuariensem exigentem totalem angliae visitationem , in gravamen ecclesiae anglicanae intolerabile , in curia romana . qui ut gravamini tanto resisteret , contulit domino papae sex millia marcarum ( no mean bribe in that age ) et sic moderata est visitatio archiepiscopi , exigentis visitationem plenariam : ita scilicet , quod nullam ecclesiam visitabit parochialem , nisi vocatus per loci rectorem , sed tantummodo ecclesias conventuales , non exemptas : & tunc non debet recipere pro procuratione sua , nisi quatuor tantum marcas . hujus negotii tenor propensius intelligi potest per literas domini papae , quae in libro scribuntur additamentorum . diligens autem intentionum in ipsis perscrutator bene poterit intelligere , qualiter episcopi religiosos regni , sed & maxime exemptos diligant , sed ut deo irato generalis sit haec pestis tam in praelatis quam laicis , quod divisio desolationem generabit . in octavis autem beati martini , applicuit in arglia archiepiscopus cantuariensis bonifacius : cujus adventus nullum penitus laetificavit , imo , quod inviti dicimus , potius perturbavit . reducebant enim omnes et singuli ad memoriam , quam inordinate , quam crudeliter se gerebat londini , cum visitationem a viris religiosis ibidem exigisset . imo et qualiter regnum multipliciter depauperaret , et ecclesiam nunc undecim millia marcarum , et nuper sex millibus marcarum , quae occasione suae visitationis tyrannice extorquebantur . necnon et qualiter nobilem ecclesiam cantuariensem , cui tot sancti praefuerunt , enormiter succisis sylvis , et conculcato conventu , depauperavit . qualiter quoque opimos reditus alien genis penitus , in suo tempore vacantes contulerit . unde credebatur quod super palustre fundamentum debile surgeret aedificium . sed hoc altissimi dispositiom est relinquendum . diebus sub eisdem , dominus papa ut ambabus partibus satisfaceret , & tolerabiliter providit & decrevit , ut archiepisc . & alii praelati ad quod spectat visitatio , visitationem facerent debitam & consuetam . ita tamen , ut visitati non gravarentur in procurationibus visitantium , limitando taxavit precium cujuslibet visitationis , prout literae additamentorum libri declarent , where they are thus recorded . decretalis papae innocentii , de privilegi● exemptionis . volentes libertatem quam nonnullis apostolica sedes privilegium exemptionis indulsit , sic integrum conservari , ut & illam alii non infringant , & ipsi ejus limites non excedant , declaratione irrefragabili diffinimus , quod quantacunque sic exempti gaudeant libertate , nihilominus tamen ratione delicti sive contractus aut rei de qua contra ipsos agitur , ri●è possunt eorum ordinario conveniri : et illi quoad hoc in suam ipsos * jurationem , prout jus exigit , exercere . nunquid ergo carent omnino in iis commodo libertatis ? non utique : quia nec coram ordinariis ipsis , dum sit in loco exempto commissum delictum , vel contractus initus , aut res litigiosa , nec ubi domicilium habent si alibi delinquant vel contrahant , aut res ipsa consistat , conveniri possunt aliquatenus super istis domiciliorum praetextu locorum diocoesanorum . si ubi delinquerunt vel contraxerint , aut res ipsa consistit , illi conveniantur remittendi , eos illuc vel ipsis , ut illuc respondeant , injungendi aliquam habent potestatem . salvis nihilominus casibus aliis , in quibus eos episcoporum jurisdictioni subesse canonica praecipiunt instituta . et id ipsum decrevimus circa illos , quibus ut non nisi sub uno judice teneantur de se conquerentibus respondere , apostolico privilegio est commissum in eos , quibus ne interdici , suspendi vel excommunicari , à quoquam valeant , à sede apostolica est indultum . sicut sunt religiosi quamplures , in quorum privilegiis continetur , ne quisquam episcopus vel archiepiscopus , monasteriorum suorum monachos , pro ulla causa quantum ad ista , ubicunque illi fuerint , penitus exercere non possunt ; nisi forsan ipsi monachi ad monasteriorum suorum prioratus eisdem ordinariis subjectos , ut vel gerant ipsorum regimen , vel in eis tanquam locorum ipsorum proprii monachi resideant , fuerint destinati . tunc enim , etsi liberè possint ad eadem monasteria revocari , ac tam illorum quam ipsorum prioratuum monachi recipi , cum non sit inconveniens aliquem utrobique locum habere monachi , cum unum alteri subesse monasterio vel ab alio noscitur dependere . ratione tamen eorundem prioratuum , dicti ordinarii sui jurisdictionem in ipsis , quoad praemissa quamdiu morantur in illis , licite uti possunt . innocentius quartus , &c. ad memoriam & observantiam perpetuam , contra gravamina quae in procurationibus ratione visitationis debitis inferuntur sudditis a praelatis , providerunt salubriter canonica instituta circa evectionum & personarum multitudinem , epularum immoderantiam , aliasque superfluitates : statuendo modestiam debitam observari , ut nec in exigendo numerum excederent praelati , nec in exhibendo superfluè subditi gravarentur . verùm quia nonnullae adhuc de hujusmodi procurationibus querimoniae audiantur , nos volentes pastorali sollicitudine providere taliter in hac parte , quòd tollatur omnis occasio gravandi , & cesset prorsus materia injuriandi , apostolica authorite statuimus , ut archiepiscopis , episcopis , archidiaconis , aliisque praelatis personater visitantibus , ab ecclesiis & locis visitatis exhibeantur procurationes in victualibus , & aliis necessariis moderatè . ita quod haec secundum communem vestram aestimationem , singulorum locorum vel sumptuum qui super iis fient , summam vel valentiam quatuor marcarum argenti , in nulla procuratione transcendant . proviso tamen , quod secundum majorem vel minorem evectionem , vel personarum numerum pro majoritate vel minoritate praelatorum in lateranensi consilio taxatorum , fiant usque ad summam ipsam , vel infra hujusmodi procurationum expensae . sed in locis in quibus major fertilitas vel copia rerum haberetur , & ubi minores sunt redditus , & ecclesiasticae facultates , minus secundum ampliorem necessariorum ubertatem , & parvitatem proventuum , in ipsis procurationibus expendatur . si autem in hujusmodi procurationibus amplius fuerit expensum , praelati eas recipientes restituere in utilitatem ecclesiarum à quibus ipsi receperint , & illi qui eas exhibuerint , & erogare de suo proprio pauperibus in duplum eis quod taliter ultra expensum extiterit compellantur . et aliâ poenâ nihilominus quae pro talibus visitationibus , seu exactionibus , generaliter statuta esse noscuntur , manentibus semper salvis . nulli ergo omnino hominum , &c. in pursuance of this papal decree the bishop of norwich issued this instrument , concerning the rates of procurations in visitations . w. dei gratia norwicensis episcopus , dilecto filio decano de hengam , salutem , gratiam , & benedictionem . mandatum venerabilium patrum r. lincolniensis , f. londinensis . & w. wellensis & bathonensis episcoporum recepimus , quod vobis transmittimus inspiciendum , & transcribendum . eadem authoritate vobis & omnibus subditis vestris , in virtute obedientiae & sub poena canonicae districtionis mandantes & praecipientes , quod cum archidiaconi vel alii ad quos officium visitationis pertinere dignoscitur , personaliter ad vos causa visitandi accesserint , ipsos cum numero equitaturarum in constitutione lateranensi proviso , honestè recipiatis , & victualia usque ad summam septem solidorum & sex denariorum , secundum communem aestimationem , vel ipsam numeratam pecuniam , prout maluerint ministretis eisdem , pro certo scituri , quod si plus in pecunià vel victualibus persolveritis , sive ipsi plus receperint , seu ipsis non visitantibus quid nomine visitationis praestiteritis , nostam solventes quàm recipientes , per nos vel ipsos conservatores antedictos , secundum formam constitutionis antedictae , puniemus . in ecclesiis autem minoribus , ubi propter bonorum insufficientiam , minorem quantitatem percipere consuerunt , percipiant ut solebant : donec cum ipsis communiter aliter ordinaverimus . nos autem cum in locis quae favente domino in posterum visitabimus , in victualibus usque ad summam triginta & unius solidorum & decem denariorem , secundum communem aestimationem , vel ipsa pecunia & minori secundum loci facultates , volumus esse contenti . datum londoniae quarto nonarum februarii , pontificatus nostri anno octavo . the abbot and monks of canterbury to make sure work , not willing to fall under the archbishops lash , by great sums of money procured several bulls of exemption and priviledge from pope innocent . relating to procurations , and likewise exemptions from popes provisions to their benefices , at which the archbishop grew so angry , that he burnt them at st. albans before he had scarce read them over , as we are thus informed . in recessu autem à sancto albano recepit idem archiepiscopus literas papales à quodam monacho s. augustini cantuariensis , ne scilicet abbatem illius domus , vel conventum , visitando , suspendendo , excommunicandove perturbaret . quod tamen proposuerat , & praetemptaverat . quas literas vix perlectas , jussit ignibus praesentari : ( so little did he value the popes letters , that he burnt them as heretical . ) ipsas quoque poteris in libro reperire additamentorum . et tunc complacuit ipsi archiepiscopo & illis qui consilium ei dederunt , quod pacificè & modestè se habuit apud sanctum albanum . two of these bulls are registred in matthew paris his additamenta , p. , . but all of them more largely in * chronica willielmi thorn , c. . out of whom i have transcribed them . benedictio abbatis rogeri de cicestria . anno domini . die sancti laurentii archiepiscopi , electus est in abbatem rogerus de cicestria camerarius per viam compromissi ; pro cujus benedictione innocentius papa . scripsit bonifacio archiepiscopo cantuariensi inter caetera sic . quocirca fraternitatem tuam rogamus & monemus altentè , per apostolica scripta tibi mandantes , quatenus eidem rogero in monasterio supradicto juxta tenorem compositionis inter sanctae memoriae beatum edmundum cantuariensem archiepiscopum & monasterium ipsum initae , ac per sedem apostolicam , ut dicitur , confirmatae , munus benedictionis impendas , recepturus ab ipso postmodum pro nobis & romana ecclesia fidelitatis debitae juramentum , secundum formam quam tibi sub bulla nostra mittimus interclusam . formam autem juramenti quod ipse praestabit de verbo ad verbum per ejusdem patentes literas suo sigillo signatas per proprium nuncium nobis quantocius studeas destinare . alioquin liceat ei quemcunque maluerit ca●holicum adire antistitem gratiam & communionem ejusdem sedis habentem , qui nostra fretus auctoritate sibi quod postulatur impendat . archiepiscopo vero eidem electo in suo monasterio sine professionis praestatione benedicere penitus recusante , die decollationis sancti johannis baptistae in ecclesia sua ab episcopo lincolniensi benedictus , praelationis accepit dignitatem . item , innocentius . indulsit etiam huic ecclesiae quod non tenemur ad provisiones nec provisores admittere nisi sub certa forma . tenor hujus talis . innocentius . dilectorum filiorum precibus inclinati , eis per nostras literas duximus indulgendum , ut per reservationes & inhibitiones quas sibi praetextu literarum super quorumcumque provisionibus à sede apostolica obtentarum per quas non sit plenum jus alteri adquisitum , seu impetrandarum , in posterum fieri contigerit , nullum possit eisdem abbati & conventus fieri obstaculum interponi , quo minus ecclesias & alia beneficia ecclesiastica ad ipsorum collationem spectantia cum vacaverint conferre , ac ad ecclesias quae ad praesentationem ipsorum pertinent , personas idoneas praesentare liberè valeant , nisi ea●em literae impetrandae plenam & expressam ac de verbo ad verbum de indulto hujusmodi & toto tenore ipsius fecerint mentionem . hujus privilegii abbas & prior sancti edmundi existunt conservatores . idem indulsit huic monasterio autenticum privilegium , quod cum pensionarii nostri eliguntur in episcopos , cessabit pensio eorundem , unde sic . innocentius episcopus : & infra , nos vestris supplicationibus annucutes , pensionem aliquam praetextu prioris concessionis cuiquam electo in pontificem de caetero solvere minime ●eneamini . item privilegium . innocentius episcopus : & infra , hinc est quod nos vestris supplicationibus inclinati , auctoritate praesentium indulgemus , ut ad receptionem vel provisionem alicujus in pensionibus seu ecclesiasticis beneficiis cogi de caetero per nostras literas non possint , nisi de hac indulgentia plenam fecerit mentionem . ( a pretty postern to evade this bull. ) item ne aliquis delegatus vel subdelegatus , executor vel conservator possit nos excommunicare . innocentius episcopus : & infra , vt igitur ex speciali devotione qu madnos & romanam ecclesiam ad quam monasterium tuum , sicut dicitur , nullo medio pertinet , habere dignosceris , sentias tibi favorem apostolicum accrevisse , ut nullus delegatus vel subdelegatus , executor aut etiam conservator auctoritate sedis apostolicae vel del●gatorum ipsius , in te vel ecclesiam tuam excommunicationis , suspersionis , aut interdicti sententias valeat promulgare absque mandato sedis apostolicae speciali , faciente plenam de hac indulgentia mentionem , auctoritate tibi praesentium indulgemus . item , aliud de procurationibus non dandis de ecclesiis quas habemus in proprios usus , isto tenore . innocentius . principalem causam : & infra , ecclesiae igitur vestrae sedi apostolica immediatè subjectae , à futuris gravaminibus quibus tales , impellente plerosque ad haec zelo invidiae , interdum solent affici , providere volentes , auctoritate praesentium districtius inhibemus , ne quis praetextu ecclesiarum quae sunt vobis in usus proprios per sedem apostolicam deputate , procurationes ratione visitationis à vobis exigere vel extorquere , seu alia vobis aut ecclesiis ipsis imponere o●●ra contra justitiam quoque modo praesumat , de quarum proventibus est congrua portio pro consuetis oneribus sustinendis earundem ecclesiarum vicariis assignata . anno domini . transmissa fuerunt statuta gregorii papae . una cum litera papali super hiis executoria bonifacio archiepiscopo cantuariensi ; qua quid●● litera mediante , cum idem archiepiscopus monasterium sancti augustini ut de dictis statutis inquireret ingredi voluisset , nec à conventu istius loci admissus fuisset , idem archiepiscopus quasdam sententias in istud monasterium & in quasdam certas personas ipsius proferebat . quas quidem sententias & jurisdictionem eidem archiepiscopo in hac parte attributam , revocari procurarunt sub hac forma quae inferius annotatur . litera directa archiepiscopo super revocatione processus . innocentius episcopus servus servorum dei , venerabili fratri bonifacio archiepiscopo , &c. licet monasterium sancti augustini cantuar. ordinis sancti benedicti eo favorabiliter prosequi debeamus quod ad romanam ecclesiam nullo pertinet mediante , inde tamen illud specialiori amplectamur in domino charitate , quod inter alia ejusdem ordinis monasteria & regularis observantia , & hospitalitatis bonum , prout accepimus , praecipuè locum obtinet in eodem . sanè olim sub certa forma per nostras tibi literas dedimus in praeceptis , ut statuta pro reformatione dicti ordinis à felicis recordationis gregorio papa praedecessore nostro edita , faceres ab universis personis ejusdem ordinis tuae civitatis & diocesis exacta diligentia observari . quarum lit rarum auctoritate super hoc praeceptum apostolicum exequens , diligenter in praefato monasterio , ut dicitur , processisti : cum igitur de ipsius monasterii personarum religione ac vita bonam habentes opinionem fide dignorum testimoniis informatam , sententias si quas ob hoc in personas saepedicti monasterii promulgasti , relaxari mandamus , fraternitatem tuam rogandam duximus & ortandam per apostolica scripta mandantes , quatenus praedictarum literarum occasione ipsius personas monasterii ulterius non molestes , sed hab●as ipsas cum eodem monasterio pro nostra & apostolicae sedis reverentia , in suis juribus propensius commendatas , adversus aliorum molestias eisdem , quantum in te est , favorabilem & benivolum te inpendens . sed idem archiepiscopus mandatis apostolicis non parens , praedictas sententias in monasterium & diversas personas ejusdem latas non revocavit , sed easdem ratas & firmas esse promulgavit ; unde abbas rogerus pro remedio salubriori dominum papam iterum consulere coactus est . anno igitur domini . ab abbate de waltham in hujusmodi negotio per dominum innocentium papam . delegato , emanavit eidem archiepiscopo mandatum sub hac forma . venerabili in christo patri bonifacio , &c. e. eadem gratia abbas de waltham , &c. mandatum domini papae suscepimus in hac verba . innocentius episcopus : & infra , olim ad nostram perlato audientiam , quod abbates , priores , & monachi ordinis sancti benedicti cantuariensis provinciae statuta pro reformatione ipsius ordinis à felicis recordationis gregorio papa praedecessore nostro edita non servabant , venerabili fratri nostro cantuariensi archiepiscopo ejusque suffraganeis per nostras sub certa forma literas dedimus in praeceptis , ut inquisita super hoc diligenter veritate , statuta ipsa facerent ab universis personis ejusdem ordinis suarum civitatum & diocaesum , tàm exemptis quàm non exemptis , exacta diligentia observari . nos igitur dilectorum filiorum abbatis & conventus monasterii sancti augustini cantuariae dicti ordinis precibus inclinati , praesentium vobis auctoritate mandamus , quatenus si quas excommunicationis , suspensionis vel interdicti sententias idem archiepiscopus in eundem abbatem vel personas alias ejusdem monasterii , ipsumque monasterium , literarum auctoritate hujusmodi , per se vel per alium promulgavit , vos ipsas vice nostra sine difficultate aliqua relaxantes , non permittatis eosdem literarum vel sententiarum ipsarum praetextu ab aliquibus molestari , molestatores hujusmodi per censuram ecclesiasticam appellatione postposita compescendo , non obstante , &c. hujus igitur auctoritate mandati si quas suspensionis , excommunicationis , vel interdicti sententias , in eundem abbatem vel personas alias ejusdem monasterii , ipsumque monasterium protulistis , ipsas secundum formam praescripti mandati relaxamus , paternitatem vestram rogantes , vobisque firmiter injungentes , quatenus ipsos occasione dictarum sententiarum nullatenus molestetis , praedictam relaxationem in singulis ecclesiis vestrae civitatis & diocasis publicè denun●iari facientes . privilegium dispensandi super statutis gregorii . anno supradicto idem papa innocentius quartus ob singularem affectionem quam habuit erga istud monasterium , concessit abbati & priori hujus loci super statuta gregorii noni gratiam dispensandi , sub isto tenore . innocentius , &c. ex parte tua fuit nobis humiliter supplicatum , ut cum observantia tui ordinis , ab ipsa sui institutione multum sit rigida & difficilis ad ferendum , fuerintque postmodum per felicis recordationis gregorium papam praedecessorem nostrum super addita gravia statuta , diversarum poenarum adjectione vallata , ne contingat sub tantis oneribus deficere ●neratos , providere super hoc paterna sollicitudine curaremus . attendens ig itur quod expedit calamum quassatum non conteri , & in erasione aeruginis vas non frangi , devotionis tuae precibus inclinati , praesentium tibi auctoritate concedimus , ut super observatione statutorum quae de substantia regulae non existant , tu & successores tui cum monasterii tui monachis praesentibus & futuris , liberè dispensare possitis , hiis casibus duntaxat exceptis super quibus in eadem regula est dispensatio interdicta , in quibus casibus dispensandi super poenis adjectis & irregularitatibus quas tui subditi hactenus incurrerunt vel incurrent de caetero , eosque absolvendi ab excommunicationis vinculo quo ipsos ob transgressionem praedictorum statutorum involvi contigit vel contigerit , injuncta sic absolutis poenitentia salutari , libera sit tibi & eisdem successoribus de nostra permissione facultas . priori nihilominus monasterii tui ac ipsius successoribus , concedendi tibi tuisque successoribus hujusmodi dispensationis & absolutionis beneficium , si fuerit oportunum , indulgentes auctoritate praesentium facultatem , non obstantibus aliquibus literis venerabili fratri nostro archiepiscopo cantuariensi vel cuicunque alii ab apostolica sede sub quocunque tenore directis , & processibus habitis per easdem , de quibus for sitan oporteat fi●ri mentionem , & etiam obtinendis , licet contineatur in eisdem literis apostolicis non obstante , si aliquibus abbatibus , prioribus , aut monachis , & eorum collegiis quod excommunicari , suspendi , vel interdici non valeant à sede apostolica sit indultum , sive quibuscunque indulgentiis , privilegiis , immunitatibus seu literis apostolicis obtentis vel etiam obtinendis , & aliis etiam per quae hoc impediri vel deferri valeat , & de quibus vel de quorumlibet ordinibus vel locis , aut eorum nominibus in nostris literis specialem & expressam oporteat fieri mentionem . hujus privilegii sunt conservatores abbas de waltham & de bello . indulsit etiam huic monasterio idem papa , quod per literas apostolicas vel legatorias de ecclesiis nostris vel pensionibus non tenemur providere . istam sequens formam . privilegium contra provisores . innocentius episcopus , &c. devotionis vestrae merita : & infra . hinc est quod nos vestris supplicationibus inclinati , devotioni vestrae auctoritate praesentium indulgemus , ut nulli de caetero per literas apostolicas vel legatorias apostolicae sedis impetratas , nisi jam sit earum auctoritate processum , vel etiam impetrandas , de beneficiis ecclesiasticis in quibus jus patronatus habetis , aut pensionibus in monasterio vestro vel ecclesiis vestris provideri valeat , nec vos vel rectores ecclesiarum ipsarum per hujusmodi literas ad cujuscunque provisionem in praedictis beneficiis vel pensionibus compelli possitis , nisi plena & expressa in eisdem literis apostolicis de monasterio sancti augustini cantuariae , & hujusmodi toto tenore indulgenti● mentio habeatur , etiamsi in eisdem literis contineatur expressè , quod ipsis aliqua sedis apostolicae indulgentia non obsist at sub quacunque forma vel expressione verborum aliquibus concessa , per quam facta eis gratia impediri valeat vel differri , aut de qua vel de cujus tenore specialem vel expressam , seu de verbo ad verbum fieri oporteat in nostris literis mentionem . conservatores hujus privilegii abbas sancti edmundi cum suo priore . idem concessit huic monasterio suum autenticum privilegium , scilicet quod possumus semper providere de ecclesiis vacantibus , quamvis papa suspendit et reservat sibi collationem , sub isto tenore . innocentius episcopus . devotionis vestrae : & infra . vestris itaque precibus inclinati , auctoritate vobis praesentium indulgemus , ut ad ecclesias vel non habentes curam animarum annexam , nunc vacantes vel inposterum vacaturas , in quibus jus patronatus habetis , personas idoneas pr●sentare canonice valeatis , non obstantibus aliquibus suspensionibus à beneficiorum collatione , sen illarum reservationibus per literas apostolicas generales vel speciales factis aut in post●rum faciendis ; etiamsi in eisdem literis contineatur expressè , quod aliqua ipsis apostolicae sedis indulgentia non obsistat , de qua oporteat etiam de verbo ad verbum fieri mentionem . conservatores hujus illi qui supra . idem etiam , quod nec per generales nec per speciales literas papae vel legati de ecclesiis nostris providere non debemus . innocentius , & infra , vestris itaque precibus inclinati , auctoritate vobis praesentium indulgemus , ut per apostolicae sedis vel legatorum ipsius literas generales vel etiam speciales cujuscunque tenoris existant , nulli vobis invi●is de ecclesiis in quibus jus patronatus habeatis valeat provideri , nec vos ad providendum de illis cogi aliquatenus valeatis , nisi eaedem literae apostolicae plenam & expressam de vestro monasterio & hac indulgenis ●ejusque toto tenore fecerint mentionem , etiam ●icatur in illis quod eis aliqua indulgentia sedis apostolicae non obsistat , de qua oporteat etiam de verbo ad verbum fieri mentionem . defensores hujus privilegii , conservatores suprascripti . idem etiam concessit abbati & hujus loci monachis , & indulsit ne ultra duas diaetas à nostro monasterio super hiis quae idem obtinet negotii trahi in causas vel ad judicium per apostolicas literas , nisi eaedem literae plenam & expressam fecerint de indulgentia mentionem . conservatores hujus abbas & prior praenominati . item de confirmatione libertatum hujus monasterii sic . innocentius episcopus : & infra . propterea dilecti iu domino filii , vestris justis postulationibus grato concurrentes assensu , libertates & immunitates ac jura à praedecessoribus nostris monasterio vestro concessa , necnon exemptiones secularium exactionum a regibus , pri●cipibus , & aliis christi fidelibus rationabiliter vobis indultas ; terras quoque , possessiones & alia bona vestra , sicut ea omnia juste ac pacifice optinetis , vobis & per vos eidem monasterio auctoritate apostolica confirmamus . the procuring of these exemptions , involved the abbot & convent of canterbury in debts amounting to above ▪ marks ; for discharge whereof they were inforced to morgage six of their best mannors to * john de gatesden knight upon very hard prejudicial termes , ne penitus in abyssum confusionis demergerentur . the prelates and nobles refusing to grant the king any ayde toward his voyage to the holy land , upon the forementioned bulls to the king , he was enforced to summon them to a new parliament , and there to crave an ayde of them in a legall parliamentary way ; which they after many debates condescended to grant , upon the kings promise to ratify the great charter of liberties and the forrest , and the freedom of elections ( * forecited ) which he condescended to , and therefore ratified them a fresh , with a solemn excommunication denounced against all infringers of them , thus recorded . in quindena verò paschae mense aprili , tota edicto regio convocata angliae nobilitas convenit lond. de arduis regni negotiis simul cum rege tractare . extiterunt igitur ibidem cum comitibus & baronibus quamplurimis , archiepiscopus cantuariensis bonif. episcopi angliae ferè omnes . archiepiscop . vero eboracensis ( qui in quantum potest regis consilia vitare consuevit , qui expertus ea frequenter esse vana ) excusavit se ▪ asserens se esseremotum & senem . pro cestrensi autem absente , valetudo manifesta allegavit : episcopatus cistrensis tunc vacavit , et cum de magna regis exigentia qui postulavit sibi peregrinaturo infinitam exhiberi pecuniam , diu et inaniter contractassent , et hinc inde nuntios utrobique consensus haberetur , contigit ut ex parte episcoporum et omnium praelatorum , destinarentur ad regem archiepiscopus cantuariensis , et carleolensis et sarisburiensis episcopi , et electus wintoniensis , ad persuadendum et inducendum regem ut permitteret , prout saepius solenniter jurando promisit , sanctam ecclesiam suis gaudere libertatibus , maxime de electionibus , in quibus praecipue ecclesiastica consistit libertas . nullibi enim jam in ecclesiis cathedralibus vel conventualibus potest aliquis promoveri , nisi per regem intrusus . unde praelati et subditi ruunt in perditionem , et ecclesiae enormiter damnificantur . quod si hunc et alios errores , secundum magnae chartae de libertatibus confectae tenorem , emendaret , ipsi usque ad gravamen magnum petitionibus suis inclinarent ▪ quibus rex : verum est , inde doleo , & paenitet me graviter hoc fecisse , instanter igitur procurandum ut & talia peracta corrigantur , & amplius similia non perpetrentur . et vos in hoc mihi sitis coadjutores , ne sic promoti cum subditis condemnentur . recolitis enim memoriter , quòd hunc archiepiscopum cantuariensem bonifacium , ad tantam dignitatem promoverim , & te willielme sarisburiensi . ex imo exaltaverim , qui meorum brevium scriptitor extitisti , & multis judiciis periculosis tanquam justitiarius & conductitius interfuisti . et te silvester karleolensis , qui diu lambens cancellariam , clericorum meorum clericulus extitisti , qualiter postpositis multis theologis & personis reverendis , te in episcopatum sublimavi . de te similiter frater aethelmare liquet , qualiter , invitis monachis , vel prece , vel timore corruptis , te ad nobilem wintoniensem ecclesiae apicem evexi , aetate & scientia & paedagogo adhuc indigentem . expedit primo et principaliter mihi et vobis , ut vos quae injuste adepti estis , poenitentia deducti resignetis , ne aeternaliter condemnemini . ego vero tali exemplo justificatus et castigatus , de caetero nullum nisi dignum curabo promovere . ipsi vero satis civiliter et cynice reprehensi , responderunt : domine rex , non facimus de praeteritis mentionem , sed sermonem extendimus ad futura . omissis igitur talibus frivolis , quae jurgia poterant suscitare , se ad ardua serio contulerunt . tandem protracto tempore diuturno & multis revolutis discepationibus , post quindecim & amplius dierum continuationem , in hoc resedit omnium unanimis consensus , ut voluntas regis peregrinaturi , & ideo pia , non pen●tus suo desiderio fraudaretur , nec ecclesiae vel regni status enorme pateretur detrimentum . concessa est igitur regi decima pars proventuum ab ecclesia recipienda , cum iter hierosol per visum magnatum arriperat , in viaticum distribuenda , per triennium , in succursum terrae sanctae contra dei inimicos : et a militibus scutagium illo anno , scilicet ad scutum tres marcae : et rex bona fide et sine aliqua cavillatione , promisit se * chartam magnam et omnes ejus articulos fideliter observaturum . quam tamen a multis retroactis annis , pater ejus rex johannes tenere juravit , et similiter qui praesens est in succeptione coronae , et postea multoties , unde infinitam emunxit pecuniam . fuerunt autem tunc ibidem praesentes praelati , archiepiscopus cantuariensis b. londinensis ; roffensis , lincolniensis , wygorniensis , norwycensis , herefordensis , sarisburiensis , bathoniensis , exoniensis , carleolensis , dunelmensis , menevensis , electus wintoniensis , cicestriensis nuper obierat . cestrensem verò excusavit valetudo , eboracensem verò senium & remotio . tertio igitur die maii , in majori aula regia westmonasterii , sub praesentia & assensu domini henrici dei gratia regis angliae illustris , & dominorum richardi comitis cornubiae fratris sui , & r. comitis northfolkiae & suffolkiae marescalli angliae , h. comitis herefordiae , h. comitis oxonii , i. comitis warewickiae , & aliorum optimatum regni angliae , nos b. divina miseratione cant. archiepiscopus , totius angliae primas , f. londinensis , h. eliensis , r. lincolniensis , w. wygorniensis , w. norwycensis , p. herefordiensis , w. sarisburiensis w. dunelmensis , r. exoniensis , s. carleolensis , w. bathoniensis , l. roffensis , t. menevensis ep. scopi , pontificalibus induti , candelis accensis , in transgressores libertatum & ecclesiasticorum & libertatum , seu liberarum consuetudinum regni angliae , & praecipuè earum quae continentur in charta libertatum regni angliae , & charta de foresta , excommunicationis sententiam solenniter tulimus sub hac forma . authoritate dei omnipotentis , & filii , & spiritus sancti , & glorios● dei genetricis semperque virginis mariae , & beatorum apostolorum petri & pauli , omniumque apostolorum , & beati thomae archiepiscopi & martyris , omniumque martyrum , b. edwardi regis angliae , omniumque confessorum atque virginum , omniumque sanctorum dei , excommunicamus , anathematizamus , & à limine sanctae matris ecclesiae sequestramus , omnes illos quiamodo scienter & malitiose ecclesias privaverint vel spoliaverint suo jure . item , omnes illos qui ecclesiasticas libertates & liberas consuetudines probates , & praecipue libertates & liberas consuetudines , quae in chartis communium libertatum angliae , & de foresta continentur , concessis a domino rege angliae , archiepiscopis , episcopis , & caeteris angliae praelatis , comitibus , baronibus , militibus , & libere tenentibus , qualicanque arte vel ingenio temere violaverint , diminuerint , seu immutaverint clam vel palam , facto , verbo , vel consilio , contra illas vel earum aliquam , in quocunque articulo temere veniendo . item , in illos qui contra illas vel earum statuta , aliqua edideriat vel edita servaverint , consuetudines introduxerint , vel servaverint introductas , scriptores statutorum , necnon consiliarios & executores , & qui secundum ea praesumpserint judicare . qui omnes & singuli superius memorati , hanc sententiam incursuros se noverint ipso facto , qui scienter aliqui● commiserint de praedictis ▪ qui vero ignoranter , nisi commoniti , infra quindenam a tempore commonitionis se correxerint , ex tunc sint hac sententia involuti . eadem etiam sententia innodamus omnes illos , qui pacem regis & regni praesumpserint pertubare . in cujus memoriam sempiternam nos sigilla nostra praesentibus duximus apponenda . ▪ prolataque fuit in medium charta patris sui i. in qua iterum concessit idem rex i. mera voluntate , & recitari fecit libertates supradictas . dum autem rex memoratam sententiam audisset , tenuit manum suam ad pectus suum sereno vultu , voluntario , & alacri . et cùm in fine projecissent candelas extinctas & fumigantes , & diceretur , & foeteant hujus sententiae incursores in inferno , & campanae pulsarentur , dixit ipse rex : sic me deus adiuvet , haec omnia illibata servabo fideliter , sicut sum homo , sicut sum christianus , sicut sum miles , & sicut sum rex coronatus , & inunctus . et sc endum quòd in principio sententiae ferendae , cùm traderentur omnibus candelae accensae , tradita fuit regi una , & cum accepisset eam , noluit eam tenere , sed tradidit cuidam praelatorum , dicens : non decet me candelam talem tenere , non enim sum sacerdos ; cor autem majus perhibet testimonium . et ex tunc tenuit manum expansam ad pectus , donec tota sententia finiretur episcopus autem lincolniensis robertus praeconizans in corde suo , & timens ne rex à pactis resiliret , fecit illico cùm rediret in episcopatum suum excommunicari solenniter , in qualibet ecclesia parochiali per diocesim suam , quae prae numerositate sua vix possunt aestimari , & praecipuè sacerdotes omnes supradictarum chartarum infractores , quae sententia potuit aures audientium tinnire , & corda non mediocriter formidare . yet none violated these charters more then the pope and his instruments , and the king by the popes own instigations . the king having imployed the bishop of chichester , as his prime agent to preach up and collect the monies granted him by the prelates and popes croysado towards the relief of the holy land , sent this letter to the pope in his favour , to bestow provisions of beneficies and livings on some of his chaplains , for their encouragement and recompence of this service , within the diocesse of canterbury not chichester . rex domino papae salutem . sanctae paternitati vestrae tantò confidentius pro nobis & devotis nostris preces nostras frequenter porrigimus , quantò nos inter aliis vobis & ecclesiae romanae devotis promptiores ad debitam devotionis obsequia & honoris constantius per dei gratiam reperire poteritis , semper paratos , ad ea quae ad honorem dei & exaltationem ecclesiae , & ad defensionem fidei christianae poterunt pertinere . hinc est , quod pro venerabili patre episcopo cycestr . qui ad mandatum vestrum & instantiam nostram prae aliis terrae nostrae praelatis quibus idem mandastis officium praedicationis crucis christi , devotius assumpsit & laboriose exequitur diligentius , sanctitati vestrae cum ea qua possumus affectione supplicamus , quatinus devotionem ipsius , tenuiatem ac raritatem beneficiorum episcopatus sui , onus quod gratis subiit & exequitur , in negotio crucis attendentes , ac eidem precum nostrarum interventu compatiente , per literas vestras sibi concedere dignemini , ut ad exonerationem sui et ecclesiae sibi commissae theodos . de lavan . capellano vestro in provincia cantuar. secundum directarum ad ipsum prius super ejusdem capellani provisione , in civitate vel diocesi cicest . continentiam literarum , authoritate vestra valeat providere . concedentes insuper si placet eidem episcopo , ut duobus clericis sibi in negotio crucis per nos ei familiariter assistentibus , valeat in regno angliae in competentibus ecclesiasticis beneficiis providere . taliter si placet preces nostras exaudientes quod tam nos quam ipsum episcopum vobis proinde reddatis obnoxios ad grates speciales , & ad peragenda libentius vestrae sanctitatis beneplacita . teste rege apud westm . . die martii . per i. mansell . the king likwise sent this letter to the pope to excite all other christian kings and princes to joyn which him in assisting the holy land , being too great an undertaking for him and his subjects alone . i. dei gratiâ summo pontifici , h. dei gratia rex angliae , &c. salutem . non ignorat sanctitas vestra quod cum dominus i. rex pater noster vitam excessit , praesentem nobis adhuc infra adultam aetatem existentibus , sub alis sedis apostolicae defensi fuimus contra multorum inimicorum incursus , & tunc charactere crucis insigniti , quem postea consilio quorundam ab humeris nostris deponentes , meruimus à vobis crucis ad tempus absolvi . sed jam non immemores horum quae tunc nobis acciderunt , crucem de novo saluberrimo voto , sicut sanctitati vestrae non est incognitum , humeris nostris assumpsimus . verum cum non sit tantum unius principis opus negotium crucis ut tanta res expostulat adimplere , sanctitatem vestram cum mentis affectu devotissimè rogamus , quatinus generaliter per caetera regna christicolarum , crucis negotium solempniter praedicari simul , & passagium nostrum quod statutum est à festo nativitatis sancti johannis baptistae proximo futuro in tres annos , per praedicatores publicari fac . principes etiam & alios christianos crucesignatos modis quibus expedire videritis moveri jubeatis & induci , quod ad terminum praedictum secundum votorum suorum exigentiam , proficiscantur ad impendendum una nobiscum negotio crucis subsidium desideratum . nos etiam per crucifixi misericordiam totis viribus mentis & corporis , caeterisque adminiculis secularibus iter nostrum praeparabimus exequendum , praedictum negotium crucis ad excellentiam honoris ipsius , cujus amore crucem bajulamus . caeterum cum soli non valeamus sine caeterorum fidelium auxilio , votum crucis ut deceret expedire , perquam durum nobis esset quod gens nostra propria crucesignata se diverteret alias quam nobiscum in terram sanctam , cum praecipuè de gente propria majorem geramus fiduciam quàm aliena ; super praedictis igitur tam sanctae terrae quam nobis solita clementiae vestrae providentia salubriter prospicere non omittat . teste rege apud westm . . die januarii . the king to ingratiate himself with the clergy of ireland , the better to promote the levying of his disme there towards his voyage to the holy land , commanded his justice in ireland to provide cups for the eucharist for all cathedrals there , and to bestow almes on the freers minorites and preachers , who were principally imployed to preach up that croyssado . mandatum est justic hiberniae quod in singulis ecclesiis cathedralibus hiberniae inveniat unam cuppam ad eucharistiam , in ea reponendam , videlicet in ecclesiis ubi sedes est archipraesul . cuppas precii quatuor marc. & in caeteris ecclesiis cathedralibus cuppas precii trium marc. distribuis etiam faciat , charitativè usque ad summam centum marcarum hosp . sancti johannis dublin . & fratribus praedicatoribus & minoribus , & alibi in terra nostra hiberniae ubi viderint expedire . teste rege apud portesm . primo die augusti . what occurrences and bribes to the pope hapned this year concerning visitations and exemptions from them , is thus related . tunc quoque temporis , papa argumentose nimis intendens , injunxit . episcopis , ut quilibet abbates et conventus in sua diocesi constitutos visitaret . injungens eisdem , ut cogerent eos sub poena excommunicationis observare quosdam articulos regulae sancti benedicti impertinentes , nec sunt de regulae substantia , quos iidem monachi nunquam tenere consueverunt , nec voverunt . franciae vero monachi nigri ordinis , videntes se regali munimine penitus destitutos , ne arbitrio episcoporum , quibus exosi sunt marime privilegiati , exponerentur , cogitaverunt sibi pacem redimere . datis igitus quatuor millibus librarum turonensium papae , sic hujusmodi tyrannidis impetum compescuerunt . cujus rei series & articuli , in libro additamentorum plenius describuntur . ( where you may peruse them at your leisure , p. . to . ) abbas autem & conventus sancti albani , appellaverunt ad praesentiam domini papae , ne ab episcopo lincolniensi visitarentur , quia sic eorum privilegia cassarentur . the form of their procuration you may find in his additamenta , p. . per idem tempus , archiepiscopus b. facta visitatione apud feversham & roffam , visitavit canonicos sancti pauli & alios in urbe . et propter moderationem admissus est benigne . et haec caute fecit , ut scilicet sic visitandi haberet ingressum et possessionem . you heard before , * how much grost head bishop of lincolne opposed the popes provisions , directed to him , for which the pope suspended him from his bishoprick ; whereupon he writ , and sent this notable epistle to pope innocent , rendering him the reasons why he was bound in conscience to disobey his unjust letters and provisions , as most contrary to the doctrin and practise of christ and his apostles ; and most great and heinous offences , tending to the destruction of peoples souls ; and that no bishop or other person , was bound to obey any of the popes mandates as apostolical , but what were warranted by the doctrin and practise of christ and his apostles , thus recorded by matthew paris . diebus sub eisdem , cum dominus papa innocentius . significasset per apostolica scripta , praecipiendo episc . lincoln . r. quatenus quiddam faceret , quod ei videbatur injustum et rationi dissonum , prout frequenter fecerat illi et aliis angliae praelatis , rescripsit ei in haec verba , salutem . noverit discretio vestra , quod mandatis apostolicis affectione filiali devotè & reverenter obedio . his quoque quae mandatis apostolicis adversantur paternum zelans honorem , adversor & obsto . ad utrumque enim teneor ex divino mandato . apostolica enim mandata , non sunt , nec esse possunt alia , quam apostolorum doctrinae , et ipsius domini nostri jesu christi apost . magistri et domini , cujus typum et personam maxime gerit in hierarchia ecclesiae dominus papa consona et conformi . ait enim dominus ipse noster jesus christus qui non est mecum , contra me est . contra ipsum autem nec est , nec esse potest apostolicae sedis sanctitas divinissima . non est igitur praedictae literae tenor , apostolicae sanctitati consonus , sed absonus plurimùm & discors . primo quia de illius literae & ei consimilium longè lateque dispersarum superaccumulato * non obstante , nec ex legis naturalis observanda necessitate inducta , scatet cataclysmus inconstantiae , audaciae , et procacitatis , inverecundiae , mentiendi , fallendi , diffidenter alicui credendi , vel fidem adhibendi : et ex his consequentium vitiorum , quorum non est numerus , christianae religionis puritatem , et soclalis conversationis hominum tranquillitatem commovens et perturbans . praeterea , post peccatum luciferi , quod idem erit in fine temporum ipsius filii perditions antichristi , quem interficiet dominus spiritu oris sui , non est , nec esse potest alterum genus peccati , tam adversum et contrarium apostolorum doctrinae et evangelicae , et ipsi domino jesu christo tam odibile , detestabile , et tam abominabile , quam animas curae pastoralis officii et ministerii defraudatione mortificare et perdere . quod peccatum evidentissimis scripturae sacrae testimoniis committere dignoscuntur , qui in patestate curae pastoralis constituti , de lacte et lana ovium christi vivificandarum et salvandarum pastoralis officii et ministerii salarium comparant , debita non administrant . ipsa enim ministeriorum pastoralium non administratio , est scripturae testimonio , ovium occisio & perditio . quod autem haec duo genera peccatorum , licet disparirer sint pessima , & omne alterum genus peccati inaestimabiliter superexcedentia , manifestum ex hoc , quod ipsa sunt duobus existentibus & dictis , licet dispariter & dissimiliter , optimis directè contraria : pessimum enim est , quod optimo contraerium . quantum autem est indictis peccantibus , unum peccaminum est ipsius deitatis superssentialiter & supernaraliter optimae . alterum verò deformitatis & deificationis , ex divini radii gratifica participatione essentialiter & naturaliter optimae interemptio ; & quia sicut in bonis , causa boni melior est suo causato , sic & in malis , causa mali pejor est suo causato . manifestum , quoniam talium pessimorum interemptorum deformitatis & deificationis in ovibus christi in ecclesia dei introductores , ipsis pessimis interemptoribus sunt pejores , lucifero et antichristo proximiores , et in hac pejoritate gradatim , quanto magis superexcellentes , quia ex majore et diviniore potestate sibi divinitus in aedificationem , non in destructionem , tradita , magis tenerentur ab ecclesia dei tales interemptores pessimos excludere et extirpare . non potest igitur sanctissima sedes apostolica , cui à sancto sanctorum domino jesu christo tradita est potestas omnimoda , testante apostolo in aedificationem , non in destructionem , aliquid urgens in hujusmodi peccatum , domino jesu christo tam odibile , detestabile , & abominabile , & humano generi summè perniciabile , vel mandare , vel praecipere , vel quoque modo ad aliquid tale conari . hoc enim esset suae potestatis evidenter sanctissimae et plenissimae , vel defectio , vel corruptio , vel abusio , vel a throno gloriae domini nostri jesu christi omnimodo elongatio , et in cathedra pestilentiae , poenarum gehennalium duobus praedictis tenebrarum principibus proximo coassessio . nec potest quis immaculata et sincera obedientia eidem sedi subditus et fidelis , et a corpore christi , et eadem sancta sediper schisma non abscissus , mandatis vel praeceptis , vel quibuscunque conaminibus , undecunque emanantibus , etsi a supremo angelorum ordine , obtemperare , sed necesse habet totis viribus contradicere et rebellare . propter hoc , reverendi domini , ego ex debito obedientiae & fidelitatis qua teneor verique paren●i apostolicae sedis sanctissimae , & ex amore unionis in corpore christi cum ea , his quae in praedicta litera-continentur , & maximè , quia , ut praetactum , ad peccatum domino jesu christo abominabilissimum , et humano generi perniciosissimum evidentissime vergunt , et apostolitae sedis sanctitati omnino adversantur , et contrariantur catholicae fidei , unice , filialiter , et obedienter non obedio , contradico et rebello . nec ob hoc potest inde vestra discretio quicquam durum contra me ●tatuere , quia omnis mea in hac parte & contradictio & actio , nec contradictio est nec rebellio , sed filialis divino mandato debita patri & vestri honoratio . breviter autem recolligens dico ; apostolicae sedis sanctitas non potest uisi quae in aedificationem sunt , et non destructionem : haec enim est potestatis plenitudo , omnia posse in aedificationem . haec autem quas vocant provisiones , non sunt in aedificationem , sed in manifestissimam destructionem . non igitur eas potest beata sedes apostolica acceptare , quia caro et sanguis , quae regnum dei non possidebunt , eas revelavit , et non pater domini nostri jesu christi , qui est in caelis . how strangely pas●ionate pope innocent grew upon the reading of these letters , what oathes , yea most proud insolent speeches he used both of the king of england , stiling him not only his vassal , but slave , and of this learned conscientious bishop for reprehending , disobeying his impious , unapostolical mandates ; and how unlike he was to our saviour jesus christ , or st. peter , whose vicar and successor he pretended himself , this ensuing narrative will discover . haec cum ad domini papae audientiam pervenissent , non se capiens prae ira et indignatione , torvoaspectu et superbo animo ait quis est iste senex delirus , surdus & absurdus , qui facta audax , imò temerarius , judicat ? per petrum et paulum , nisi moveret nos innata ingenuitas , ipsum in tantam confusionem praecipitarem , ut toti mundo fabula foret , stupor , exemplum , et prodigium . nonne rex anglorum noster est vassallus , et ut plus dicam , mancipium , qui potest eum nutu nostro incarcerare , et ignominiae mancipare ? et cum haec inter fratres cardinales recitarentur , vix compescentes impetum papae , dixerunt ei , non expediret , domine , ut aliquid durum contra ipsum episcopum statueremus : ut enim vera fateamur , vera sunt quae dicit . non possumus eum condemnare . catholicus est , imo et sanctissimus , nobis religiosior , nobis et sanctior , excellentior , et excellentious vitae , ita ut non credatur inter omnes praelatos majorem , imo nec parem habere . novit hoc gallicana & anglicana cler● universitas , nostra non praevaleret-contradictio . hujusmodi epistolae veritas , quae jam fortè multis innotuit , multos contra nos poterit commovere . magnus enim habetur philosophus , latinis & graecis literis ad plenum eruditus , zelator justitiae , lector in theologiae scholis , praedicator in populo , castitatis amater , persecutor simonialium . haec dixerunt dominus aegidius hispanus cardinalis , & alii , quos propria tangebat conscientia . consilium dederunt domino papae , ut omnia haec conniventibus oculis sub dissimulatione transire permitteret , ne super hoc tumultus excitaretur . maxime propter hoc , quia scitur , quod quandoque discessio est ventura . diebus sub eisdem , cum dies caniculares suàm exercuissent malitiam , episcopus lincolniensis robertus apud bukedonam manerium suum , decubuit graviter infirmatus . vocavit igitur ad se quendam fratrem de ordine praedicatorum , magistrum johannem de sancto aegidio , in arte peritum medicinali , & in theologia lectorem , eleganter eruditum & erudientem , ut ab eo corporis & animae reciperet consolationem . noverat enim in spiritu , tribulationem in proximo ecclesiae ingruere , quam non providimus . unde praecepit sacerdotibus per suam diocesim constitutis , ut solenniter in omnes chartarum magnarum de regni libertatibus violatores , ubicunque cognoscerent homines conventuros , sententiam excommunicationis indefessè innovarent . cui praecepto quidam aulici tàm clerici quàm laici , procaciter resistentes , presbyteris contumelias inferebant . unde ex ipso facto , ipsos novimus vinculo anathematis irretitos . et cum una dierum confabularetur episcopus cum memorato fratre johanne physico , recitando facta papae , redarguit graviter confratres suos praedicatores , & alios , similiter minoribus non pepercit , eo quod ordo eorum idcirco in paupertate voluntaria , quae est paupertas spiritus , salubriter constituitur , ut liberius vitia potentum non palpent , sed censoria austeritate acriter reprehendant . quia cantabit vacuus coram latrone viator . in hoc autem ▪ quod tu frater johannes , & alii praedicatores peccata magnatum audacter non redarguitis , & facinora non detunicatis , haereticos censeo manifestos . et addidit episcopus , quid est haeresis ? da definitionem . et cum haesitasset frater j. non recolens authenticam ipsius rei rationem ac definitionem , subjunxit episcopus fideli interpretatione graeci idiomatis in latinum : haeresis est sententia humano sensu electa , scripturae sacrae contraria , palam edocta , pertinaciter defensa . haeresis graecè , electio latinè . et consequenter subjunxit , reprehendens praelatos maxime romanos , qui consanguineis suis indignis , aetate et scientia insufficientibus , curam committunt animarum . dare curam animarum parvulo , sententia est alicujus praelati , humano sensu electa propter carnem vel terrenitatem . et est contraria scripturae sanctae , quae prohibet fieri pastores , qui non sunt idonei ad arcendum lupos : & est palam edocta , quia manife●●e portatur charta sigillata vel bullata , et est pertinaciter defensa , quia siquis voluerit contradicere , suspenditur , excommunicatur , et super eum praelium sanctificatur . cui tota definitio haeretici convenit , haereticus est . sed quisque fidelis tenetur opponere se haeretico quantum potest ▪ qui ergo potest contradicere , & non contradicit , peccat , & videtur fautor esse , secundum illud gregorii : non caret scrupulo societatis occultae , qui manifesto facinori desinit obviare . sed fratres tàm minores quàm praedicatores maximè obligantur ad oppositionem contra talem , cum utrique habeant ex officio gratiam praedicandi , sunt ad illud officium per paupertatem liberiores : non solum peccant ▪ si ei non contradicunt , imo fautores ipsius existunt , sicut & apostolus ad romanos , id est , non solumqui talia agunt , sed qui consentiunt , digni sunt morte . potest ergo concludi , quod tam papa , nisi ab hoc vitio cesset , quam dicti fratres , nisi curiosos se exhibeant ad arcendum talem , digni sunt morte , scilicet perpetua . item dicit decretalis , quod super tali vitio , videlicet haeresi , potest et debet papa accusari . et quia noctes tunc temporis in longum protrahebantur , erat autem tertia nox ante festum sancti dionysii , episcopus lethali taedio & infirmitate praegravatus , accersiri praecepit aliquos de clericis suis , ut saltem mutuis collocutionibus recrearentur , quibus episcopus dolens de jactura animarum per papalis curiae avaritiam , suspirans ait , christus venit in mundum ut animas lucraretur : ergo si quis animas perdere non formidat , nonne antichristus merito est dicendus ? dominus sex diebus mundum condidit universum , sed ut hominem repararet plùs quam triginta annis laboravit ; nonne ergo animarum destructor inimicus dei et antichristus censetur ? privilegia sanctorum pontificum romanorum praedecessorum suorum , papa impudenter annullare per hoc repagulum , non obstante , non erubescit , quod non fit sine eorum praejudicio et injuria manifesta : sic enim reprobat et diruit , quod tanti et tot sancti aedificarunt ; ecce sanctorum contemptus ! merito igitur contemptor contemnetur , secundum illud isaiae , vae qui s●ernis , nonne contemneris ? quis ejus privilegia conservabit ? errorem suum ad hoc respondens papa sic tuetur , par in parem non habet imperium : ergo papa me papam minime praevalet obligare . ad hoc respondeo , ait episcopus ; mihi videtur , non sunt pares navigans in mundi periculo , & gratulans in portus securitate . da , ut aliquis papa salvetur . absit dicere contrarium ; dicit salvator , qui minor est in regno coelorum , major est johanne baptista , quo major inter natos mulierum nemo surrexit . nonne major est ergo aliquis papa dator privilegiorum vel confirmator , isto vivente ? profectò , major mihi videtur , ergo in minorem habet imperium , non igitur debet praeteritorum . nonne dicit papa de suis plerisque praedecessoribus , ille vel ille piae recordationis praedecessor noster , &c. & saepè , adhaerentes sancti praedec ssoris nostri vestigi●s , &c. quare ergo quae jecerunt , diruunt fundamenta qui sequuntur ? plures apostolici viri ●●um al●●●uod privilegium prius piè concessum con●●marunt . nonne plures divina gratia salvati , majores sunt uno solo adhuc periclitante ? item , antiqui patres nostri v●●● apostolici tempore sunt priores ▪ et quos antiqui temporis attollit reverentia , venerabiles habere tenemur . hoc benè attend●bat sanctus virtute venerabilis benedictus , omnium spiritu sanctorum repletus in regula sua ; qui prius venientes qualescunque authenticis viris tardius ad ordinem accedentibus p●aeponit , & esse praecipit venerabiles & priores . vnde ergo haec injuriosa temeritas , privilegia antiquorum sanctorum multorum in irritum revocare ? praeterea , etsi multi alii viri apostolici ecclesiam afflixerint , ille gray us aliis coegit ancillari , et inconvenientia multiplicavit . caursini enim manifesti usurarii , quos sancti patres & doctores nostris , quos vidimus & audivimus , videlicet magister eximius in francia praedicator , abbas quoque de flay cisterciensis ordinis , magister jacobus de viteri , cantuariensis archiepiscopus stephanus exulans , magister robertus de curcun , praedicando à partibus franciae ejecerunt , quia anteà hac pe●●e anglia non laborabat , iste papa suscitavit et protegit suscitatos ; et si quis obloquatur , damnis et laboribus , teste episcopo londinensi rogero , fatigatur . novit mundus , quod usura detestabilis habetur in utroque testamento et a deo prohibetur , nunc domini papae mercatores vel scambiatores , obmurmurantibus judaeis , palam londini foenerantur , viris ecclesiasticis et maxime religiosis diversa machinantur gravamina , cogentes quos gravat egestas mentiri , et signa sua scriptis mendac●●us appendere : quod est idololatrare , et veritati , quae deus est abrenunciare . verbi gratia , mutuo accipio marcas per annum pro centum libris : cogor conficere scriptum & signare , in quo confiteor me centum libras mutuo in fine anni solvendas recepisse . et si fortè sortem pecuniae tibi infra mensem vel dies pauciores adqui● tam usurario papali solvere volueris , non recipiet , nisi integraliter centum libras : quae conditio gravior est quam judaeorum , quia quandocunque sortem judaeo attuleris , recipiet benignè , cum tanto lucro quod tempori tanto se commensurat . praetereà , novimus papam fratribus praedicatorum & minoribus praecepisse , ut morituris assistentes , quos inquirant diligenter , persuadeant urgenter , ut condant testamenta sua ad commodum & subsidium terrae sanctae , & crucem assumant , ut cum convaluerint substantiolas eorum emungant , vel si moriantur ab executoribus tantum recipiatur vel extorqueatur . cruce quoque signatos personis laicis , sicut quondam in templo oves et boves venundari consueveruut , vendit apporiando . inspeximusque literam papalem , in qua insertum reperimus , quod testamenta condentes , vel crucem suscipientes , et subsidium terrae sanctae impendentes , tantundem recipient indulgentiae , quantum pecuniae largientur . praecepit insuper papa ●●t multis suis scriptis , praelatis , ut tali vel tali alieno et absenti et penitus indigno , qui nec literas vel linguam novit indigenarum , ut praedicare posset vel confessiones recipere , vel saltem propter pauperes reficiendos et transeuntes suscipiendos , residentiam facere , providerent in ecclesiastico beneficio , quantum vel quale duceret acceptandum . item scimus dominum papam scripsisse abbati de sancto albano , ut provideret cuidam johanni de camezana quem nunquam viderat , in beneficio compecenti : et infra breve tempus provisum est ei in ecclesia , quae annuatim . marcas et amplius valebat : sed ipse ea non contentus , conquestus est papae . scripsit igitur papa abbati memorato , ut dicto clerico uberius provideretur : nihilominus tamen reservata eidem domino papae prioris ecclesiae donatione . et non post haec dies multos venerunt ad praedicti abbatis coenobium , duae satis despicabiles personae literas papales deferentes ; in quarum tenore insertum fuit , ut illico ipsis viris nobilibus ad sua negotia expedienda sine difficultate ad manum decem marcas abbas conferret , quibus ampullosa et minantia verba proferentibus , abbas finem fecit . de viris quoque sanctis et literatis , qui saeculum ordine irregressibili pro deo imitando reliquerunt , suos facit papa telonarios , ad pecuniam argumentose extorquendam . , quod & ipsi onus inviti suscipiunt , ne inobedientes esse videantur . et sic de saecularibus fiunt saeculariores , & mentitur in eis tragulorum vilitas , dum sub habitu paupertatis spiritus habitat elationis ; et quia non debet mitti in angliam legatus , nisi a rege postulatus , mittit papa legatos sophisticos et transformatos , sed non rubeis vestibus redimitos , magnis armatos potestatibus , nec est difficile exemplum invenire . tot enim frequenter adveniunt hujusmodi , ut eorum nomina audientibus taedium generaret . caeterum , quod videre non consuevi , concedit papa ob favorem saecularem , ut aliquis episcopatum obtineat ▪ nec tamen episcopus existat ▪ sed electus sempiternus : quod tantundem significat , ut lac et lanam habeat ovium , lupos tamen non abigendo , pristinos etiam reditus retinendo . et cum haec et alia enormia , videlicet omne genus avaritiae , usuram , symoniam et rapinam , omne genus luxuriae , libidinem , gulam , et ornatum , quae in curia illa regnant , detestaretur ▪ ut vere de ipsa judicatur , ejus avaritiae totus non sufficit orbis , ejus luxuriae meretrix non sufficit omnis . nitebatur prosequi , quomodo confisa curia illa , ut jordanus influat in os ejus , patulo hiatu aspirabat , ut etiam bona intestatorum et distincte legatorum sibi usurparent ; et ut licentius hoc facerent , regem in rapinis suis consortem facerent et participem . nec liberabitur ecclesia ab aegyptia servitute , nisi in ore gladii cruentandi . sed haec profectò levia , sed in brevi , scilicet hoc triennio ▪ ventura sunt graviora . in calce vero hujusmodi propheticae locutionis , quem praerumpentibus singultibus , lachrymis , & suspiriis vix pronunciasset , abbreviata est lingua ejus , & deficiente halitu , organum vocis siluit mutilatum . migravit igitur ab hujusmodi mundi , quem nunquam dilexit , exilio , sanctus lincolniensis episcopus robertus secundus , apud bugedonam manerium suum in nocte sancti dionysii . domini papae et regis redargutor manifestus , praelatorum correptor , monachorum corrector , presbyterorum director , ciericorum instructor , scholarium sustentator , populi praedicator , incontinentium persecutor , scripturarum sedulus perscrutator diversarum , romanorum malleus et contemptor . in mensa refectionis corporalis , dapsilis , copiosus , & civilis , hilaris & affabilis . in mensa vero spirituali devotus , lachrymosus , & contritus . in officio pontificali sedulus , venerabilis , & infatigabilis . what melody was beard in the ayre near bugden , ravishing the ears and hearts of the hearers , what ringing of bells to the astonishment of the auditors , that night this bishop dyed and passed from earth to heaven , what miracles upon miracles were wrought at his tomb after his decease , you may read at large in matthew paris , he being generally reputed a saint worthy canonization ; therefore his declamations against the pope and his premised exorbitances , whiles ready to give up the ghost , must needs be real , weighty , and worthy consideration . these his oppositions and declamations against the pope , induced mat. paris to give this character of the year . ( wherein he dyed ) at the close whereof , * transiit igitur annus ille papae et papalibus , arctus et augurialis . the pope being extremely angry with grosthead , writ a letter to the king of england , to digg up his bones and cast them out of the church , as if he were a heathen ; whereupon this bishops ghost appeared to him that night , expostulated with him , pricked him in the side , and haunted him till his death , thus related by matthew paris and others . hoc etiam anno , dominus papa dum una dierum iratus supra modum , vellet cum mala gratia omnium fratrum cardinalium ossa episcopi lincolniensis corporis extra ecclesiam projicere , et ipsum in tantam infamiam praecipitare , ut ethnicus , rebellis , et inobediens per totum mundum acclamaretur : jussit talem literam scribi domino regi anglia transmittendam , sciens quod ipse rex libenter desaeviret in ipsum , & in ecclesiam depraedandam . sed nocte sequenti apparuit ei idem episcopus lincolniensis pontificalibus redimitus , vultuque severo , intuituque austero , ac voce terribili , ipsum papam in lecto sine quiete quiescentem aggreditur & affatur , pungens ipsum in latere ictu impetuoso suo cuspide baculi , quem bajulabat , pastorali . et dixit ei : senebalde papa miserrime , proposuistine ossa mea in mei & ecclesiae lincolniensis opprobrium extra ecclesiam projicere ? unde haec tibi temeritas ? dignius foret , ut tu , à deo sublimatus & honoratus , dei zelatores , licet defunctos , coleres . nullam potestatem in me haberae , te dominus amodò patietur . scripsi tibi in spiritu humilitatis & dilectionis , ut errores tuos crebros corrigeres . sed tu monita salubria superbo oculo , & fascinanti corde contempsisti . vae qui spernis , nonne & tu contemneris ? et sic recedens pontifex robertus , ipsum papam , qui quando , ut dictum est , pungebatur , ab alto ingemuit , quasi lancea transverberatus , dereliquit seminecem , & voce flebili cum suspiriis ingemiscentem . unde camerarii ejus haec audientes , attoniti interrogaverunt , quidnam hoc sibi vellet ? papa verò cum gemitibus & suspiriis respondit , dicens : terrores nocturni conturbaverunt me vehementer . nec mihi penitus ut prius restaurabor restitutus , heu , heu , quantum latus dol●o , sum lancea genii lanc●atus . nec comedit nec ●ibit illa die , fingens se anhelis febribus inflammatum . nec adhuc quievit domini super eum ultio , cum indignatione . nec multo post , papa non sentiens divinas per servum suum admonitiones , sed bellicis nimis & saecularibus negotus intendens , minus in eis prosperatur , licet curam , laborem , & sumptus non paucos expendendo . sed marte ci , imo domino exercituum adversante , exercitus ejus , quem contra apulos maximis sumptibus direxerat , sub ducatu consanguinei nepotis sui willielmi , dissipatu● , victus & confusus , cum ejus duce lethaliter vulnerato occubuit . referuntur ibidem interfecti christiani milites & servientes praevalidi stipendiarii papae militantes , ad quatuor mille virorum . et luxit tantum sanguinem christianum effusum tota patria romanorum . direxerat autem papa iter illis diebus versus neapolim : licet in latere quasi pleuresi infirmatus , vel lancea sauciatus . nec potuit ei cardinalis albi physica suffragari . non enim pepercit robertus lincolniensis senebaldo januens . et qui vivum noluerat audire corripientem , senserat mortuum impingentem . nec unquam postea , ipse papa unum bonum diem vel prosperum continuavit usque ad noctem , vel noctem usque ad diem , sed insomnem & molestam . this history is thus related by a ranulphus cestrensis , and b henry de knighton . hoc anno obiit sanctus robertus dictus grosteteste episcopus lincolniensis . idus octobris , qui in cunctis liberalibus artibus excellenter eruditus , praecipuè in logica , & astrologia plurima commentatus est , ad innocentium papam misit epistolam satis tonantem , quae sic incipit . dominus noster jesus christus pro eo quod ecclesias anglicanas indebitis , & insolitis exactionibus gravare videretur , & quia nepotulo suo puero papa contulisset canonicatum cum proxima praebenda vacatura in ecclesia lincolniensi , quem tamen robertus admittere noluit , rescribens papae , nec velle debere tales ad curas animarum admittere , qui se nescirent nec possent regere , qua de causa ad curiam vocatus et excommunicatus , appellavit a curia innocentii , ad tribunal christi , unde contigit ut post biennium mortis roberti , apparuit papae de nocte quiescenti quidam episcopus pontificalibus indutus sic inquiens , surge miser veni ad judicium . et statim cum baculo pastorali pupugit papam in latere sinistro usque ad cor , unde & lectisternium papae inventum est mane sanguinolentum , & ipse defunctus hac de causa , quamvis robertus perspicuis effulgeret miraculis , non est permissus a curia canonizari . what passages fell out between the king , archbishop and canons of lincoln about electing a new bishop and archdeacon after grostheads death , i find thus related . in crastino verò beati thomae martyris , canonici lincolnienses elegerunt sibi in episcopum magistrum henricum de lexintona , ejusdem ecclesiae decanum , & transfretavit electus ut regem videret , & ut à rege videretur & acceptaretur , tàm electo quàm electione approbata vel reprobata . formidabat a●tem apparere coram rege , qui secundum consuetudinem suam , ipsum decanum , et totum precibus sollicitaverat urgentissimis capitulum , ut episcopum herefordensem ( qui manifestè reprobandus fuerat , tum quia alienigena anglioum idioma ignoravit , tum quod fama , vel potius infamia ejus extitit , quod regno fuerat inimicissimus & infidelissimus ) eligerent in episcopum & suarum pastorem animarum . cui licet regiae petitioni instantissimae , nullatenus voluerunt canonici electores favorem exhibere . ipse enim per manum saecularem , in ipsum episcopatum violenter intrusus herefordensem , tam religiosos quam saeculares in partibus ultramarinis ( utinam honeste commorans ) gregem sibi commissum , lacte , lana , et aruina saginatus , lupinis dentibus dereliquit . veruntamen rex non inveniens in dicto electo , causam reprobationis , ipsum , licet non sereno corde , admisit : being consecrated soon after by archbishop boniface beyond the seas . ipsisque diebus , revertente archiepiscopo cantuariensi bonifacio , à sepultura episcopi lincolniensis roberti , orta est discordia inter ipsum & capitulum lincolniensem . vendicabat enim sibi archiepiscopus de jure communi , potestatem conferendi praebendas & redditus in episcopatu lincolniensi , pastore suo viduato . decanus verò & capitulum speciali beneficio innitentes , & consuetudini approbatae & antiquae , è contra dicebant . quibus testimonium perhibebat magister walterus de billesdona , vir jurisperitus & fidedignus , qui enumeravit tres ecclesias à decano sede vacante collatas . et multi alii , qui hoc noverant , & viderant . archiepiscopus de multiplici confisus potestate , contradictores omnes excommunicavit . solus autem lincolniensis archidiaconus , magister videlicet willielmus lupus , vir quidem jurisperitus , eleganter literatus , & magnae auctoritatis , contradicens archiepiscopo in faciem , pro jure et libertate ecclesiae constanter appellavit ad summi pontificis praesentiam : unde quoniam solus se murum opposuit pro suae possessione & libertate ecclesiae , usque ad mortem miserabiles , sicut sequens sermo declarabit , tribulationes toleravit . canonici vero ex antiquis causis inutiliter ventilatis fatigati , nec valentes nec volentes contra tantum adversarium dubia causarum fata contendentes experiri , succubuerunt , et succumbentes , absolutionis beneficium promeruerunt . archidiaconus vero consistens stabilis in proposito , quaesivit interim diverticula . tandem tutum credens habere refugium apud sanctum edmundum , quia illic & in terra sancti albani consueverant esse afflictorum refugia & protectiones , postquam stetisset quadraginta diebus in sententia juste vel injuste , se ad protectionem dicti sancti edmundi contulit & civitatem . ubi persequente archiepiscopo , cum ibi non asylum refugii , sed carceris invenisset duritiem : nec eum poterat abbas sancti edmundi protegere vel receptare : archidiaconus pauper , profugus , et exul , romam adiit , a domino papa aliquam saltem consolationem adepturus . papa autem misertus ac miseratus , cognita veritate , pusillanimitatem canonicorum , & archipraesulis redarguens austeritatem , & archidiaconi constantiam commendans , paternum sibi providit remedium . archidiaconus verò nacta spe meliori , cum rediens à curia in partes cisalpinas pervenisset , post tot labores & dolores , quos pro suae libertate ecclesiae sustinuisset , viam universae carnis est ingressus , merito beato thomae martyri , qui ob similem causam occubuit , associandus . sed ante mortem , fere triennalem sustinuit in hac causa tribulationem . such was the archbishops tyranny . the king ( in imitation of the pope ) issued these letters patents in nature of provisions , to provide benefices for . clerks , amounting to several annual values , out of livings belonging to his donation , directed to richard earl of cornwall , guardian of the realm in his absence , dated at portesmuth , being there taking ship for gascoign . rex r. comiti cornubiae , & magistro willielmo de killkenni archidiac . coventr . salutem . sciatis , quod concessimus dilecto nobis thomae de rusillum clerico , quod in beneficio ecclesiastico , quod ad nostram donationem pertineat , de . vel . marcarum eidem provideatur : et ideo vobis mandamus , quod in hujusmodi beneficio eidem thomae provideatis vice nostra . in cujus , &c. teste rege apud portesm . . die julii . eodem modo mandatum est eisdem pro simone de vertiers clerico , de provisione ei facienda in . marc. redditus . teste ut supra . eodem modo mandatum est eisdem pro hugone de salinis , de provisione ei facienda in . vel . marc. redditus . teste ut supra . eodem modo mandatum est eisdem pro radulpho de dungun . de provisione ei facienda in beneficio ecclesiastico competenti . petrus chaceport habet consimiles literas eisdem de provisione ei facienda in . libr. redditus , in ecclesiastico beneficio immediatè post provisionem henrici de wengham . consimiles literas habet radulphus de montibus eisdem de provisione ei facienda in beneficio ecclesiastico . marc. consimiles literas habet magister nicholaus de plumpton de provisione ei facienda in beneficio ecclesiastico . marc. consimiles literas habet magister johannes de lith , clericus a. winton . elect . de provisione ei facienda in beneficio ecclesiastico . marc. consimiles literas habet robertus de shottindon , de provisione ei facienda in beneficio ecclesiastico sibi convenienti . et willus de rupella in beneficio ecclesiastico . marc. et roberto de cantuar. in beneficio ecclesiastico . marc. et bric . filio willielmi beaufiz clerico , in beneficio ecclesiastico . vel . marc. the same year the king issued this writ to the bishop of chichester , to publish throughout his diocesse the priviledges he had granted to all such who should crosse themselves for the holy land , being the same in * terms with those the year before , sent to the archbishop of york to publish , the writs running in the same form . rex r. cicestriae episcopo , & magistro hugoni de sancto edmundo , salutem . volentes crucesignatis gratias facere speciales , &c. as in the forecited writ . in the margin there is this annotation . postea substituti fuerant de novo episcopo norwic. & cicestr . & abbas westm . & innovatae fuerunt literae singulis illorum directae in festo ascensionis domini . anno , &c. . et similiter literae interius notatae de negotio crucis . the king to promote the levying of the dismes granted him for his voyage towards the relief of the holy land , wherein the bishop of chichester was principally imployed , sent this patent to the archbishops and bishops to desire and require their favorable assistance of him and his agents in this affair . rex archiepiscopis , &c. salutem . cum venerabilis pater episcopus cicestrensis ad instantiam nostram , & de consilio nostro , authoritate apostolica benignè propter deum , salutem animarum , terrae sanctae subsidium , & honorem nostrum assumpserit onus & officium praedicationis crucis christi exequendum , collectionem decimae beneficiorum ecclesiasticorum in subsidium praedictae terrae sanctae , authoritate praemissa nobis concessae & alia faciend . quae pertinent ad dictum negotium per regnum nostrum , per se & per alios idoneos , quibus vices suas super hoc duxerit committendas , vobis supplicamus attentius , rogantes & exorantes in domino in fide qua deo & nobis tenemini mandantes , quatenus ob amorem crucifixi , cujus negotium geritur in hac parte , & ob reverentiam nostram , sibi & aliis quos pro praedicto negotio per literas suas ad vos contigerit destinari favorabiliter assistentes in omnibus hiis quae contingunt officium supradictum ad promotionem dicti negotii consilium , auxilium , & favorem benevolum praebere studeatis . tantum facientes ut praeter merita quae vobis inde accrescend . à domino vobis universis & singulis teneri debeamus , in vestris negotiis penes nos expediendis grata vicissitudine , ad gratias speciales . in cujus , &c. teste ut supra . per regem . the bishops of the province of canterbury being to meet in a convocation at london , the king lest they should attempt any thing therein against the rights of his crown , or liberty of his people , appointed two proctors by this patent to sit and act therein in his behalf . rex universis , &c. salutem . quia intelleximus quod venerabiles patres episcopi provinciae cantuar. london . convenerunt , ad tractandum super aliquibus articulis qui statum nostrum et regni nostri contingere possint , ne jus nostrum et subditorum negligere videamur , magistrum nicholaum de plimpton clericum , et rogerum de lockinton nostros constituimus procuratores , ad proponendum de jure nostro qttae ipsis videbitur expedire : et ad alia faciend . nomine ●●spand●●ro quae hujusmodi negotium requiret ; et ad appellandum si opus fuerit prout ordo juris dictabit . in cujus , &c. teste rege apud windles . . die januarii . per regem . the king having contracted with those of marcelles for ships to transport him , his forces and subjects to the holy land , issued this writ to all persons of all ranks who had taken the crosse upon them in ireland , to certifie him what number they amounted to , that so he might provide ships accordingly . rex archiepiscopis , episcopis , comitibus , baronibus , militibus , & omnibus aliis crucesignatis hiberniae , salutem . sciatis , quod juravimus & statuimus passagium nostrum in terram sanctam à festo sancti johannis baptistae anno domini . in tres annos , quod etiam dominus papa confirmavit , ac apud marsill . mare ingredi proponentes , tractatum nuper habuimus ob nostrum & vestrum commodum super passagio cum probis hominibus marsill . quos ad nos in angliam venire propter hoc fecimus : et ideo vobis mandamus rogantes , quod ad certo●diem & locum conveniatis ad sciendum quot , & qui vestrum nobiscum in terram sanctam personaliter profisciscentur , & de numero omnium illorum nos sine dilatione distinctè & apertè certificetis , ut de securis naves contra praedictum passagium ad opus vestrum & nostrum provideri faciamus . in cujus , &c. teste rege apud westm . . die maii. idem mandatum archiepiscopis , episcopis , &c. scoc. in cujus , &c. teste ut supra . the archbishop of ardmach in ireland having occasion to repair to rome concerning the affaires of his church , durst not do it without the kings license , which he upon his petition obtained , together with a suspension of suits against him during his absence , as this patent manifests . rex omnibus , &c. salutem . cum venerabilis pater r. archiepiscopus armachan . profectus sit de licentia nostra ad curiam romanam pro negotiis ecclesiae suae : volumus , quod quietus sit de omnibus placitis & querelis usque ad festum sancti martini proximum futurum . et ideo vobis mandamus , quod de omnibus placitis & querelis ipsum archiepiscopum , usque ad eundem terminum quietum esse faciatis . in cujus , &c. teste rege apud windles . . die junii . the king by this patent constituted two proctors to promote the businesse of the crosse in the court of rome , promising to ratifie what they should do therein . rex i. summo pontifici , salutem . noverat vestra sancta paternitas , quod nos constituimus & ordinavimus dilectos nobis in christo johannem de amblion , decanum montis sancti andraee in sabandia capellanum vestrum , & magistrum nicholaum de plimpton procuratores nostros ad impetrandum & contradicendum in curia ve●●ra , ad petendum etiam gratias & indulgentias pro subsidio terra sanctae & alias , prout eis injunximus viva voce . ratum habituri & firmum quicquid per ipsos in curia vestra super praemissis factum fuerit & procuratum . in cujus , &c. teste rege apud windles . . die junii . the king this year passing over into gascoigne , and committing the custody of the realm to the queen and earl richard , when he was taking ship at portesmuth sent this mandate to the queen , ( a badge of his ecclesiastical power in divine offices and masses to be said for him ) thus entred in the clause rolls . mandatum est reginae angliae , quod in capella regis apud westmonaster . singulis diebus celebrari faciat missam beati edwardi , quamdiu rex fuerit in partibus praedictis . teste rege apud portesm . . die julii . richard earl of cornwall ( as you heard before ) having refused the popes proffer of the kingdom of sicily to him , only to pick his purse , and engage him in his quarrel against conrade the rightfull king , he thereupon tendred it to our k. henry for the self-same ends , being lesse circumspect , and easier to be circumvented then his brother , thus related . diebus sub eisdem , cum magister albertus ad curiam romanam perveniens , nunciasset papae , quod nullo modo poterat comitem richardum flectere ad consensum , ut regnum siciliae & apuliae sibi oblatum vellet recipere , & seipsum & omnia sua ambiguis casibus exponere , nisi primò papa sibi de suo genere optimos praestaret obsides de securitate fidelitatis . et praeterea , juvaret eum de aliqua quantitate pecuniae , in negotio martio illo exponendae . et insuper traderet ei quaedam castra , quae papa in confiniis habebat , ut secura sibi inveniret receptacula . papa autem hoc videns sibi esse difficile , respondit : nolumus tot subjacere conditionibus . cui magister albertus : comes mihi dixit , si sic non feceris , ut praelibatum est , idem est , ac si quis diceret , vendo vel do tibi lunam , asc●nde , & apprehende eam . at papa considerans suam in dicto comite admonitionem non valere , subjunxit : non curamus cum ipso confoederari , vel aliquid commune habere . cum igitur certificaretur papa , quod frustra jecisset rete ante oculos pennatorum , missis secretis nuntiis ad dominum regem angliae , ut simplicitatem ejus circumveniret ( quoniam sciebat semper ad damna propria pronum & credulum ) obtulit et concessit ei regnum siciliae et apuliae : & ad hoc adquirendum , juvamen praestaret tale , quale poterat sine aliquo gravamine . retorqueret enim omnes crucesignatos à principali eorum proposito , videlicet ne transfretarent in terram sanctam , sed omnes communiter regem angliae sequerentur , & juvarent siciliam & apuliam adepturum . unde hoc audientes templarii & hospitalarii , patriarcha hierosolymitanus , & omnes sanctae terrae praelati & incolae , qui hostibus christi opponuntur , & jam pejora formidabant , usque ad mortem doluerunt , romanas fallacias detestantes . rex autem de promisso papali umbratili adeo exhilaratus est , & adeo dilatatum est cor suum inani gaudio , quod voce , gestu , & r●su exultationem protestans , filium suum edmundum regem siciliae palam vocaret , credens pro facto se jam de ipso regno subarratum . nuntius vero papalis instillavit auribus ejus , ne hoc arcanum divulgaret , ne videlicet ad notitiam amicorum suorum , qui pedicas romanas cognoverant , perveniret , et sic praemuniretur . rex igitur quicquid de thesauro suo , quicquid de scaccario , quicquid mutuo potuit à fratre suo comite richardo recipere , quidque poterat à judaeis abradere , quicquidque de rapinis justitiariorum itnerantium valuit extorquere , misit papae , ut conradum impugnaret , et omnes suos siculos et apulos expugnaret . conradus autem doluit , quod rex angliae in retiacula romanae curiae cecidisset : & grates retulit comiti richardo , quod se non permiserit irretiri . signi●●cans e● , quod sap●enter secisset , quod non confisus in verbis papalibus , et pecuniae thesauris se à temerar●a praesumptione retraxisset prudenter , quia ubi comes habu●● unum argenteum , rex conradus unum aureum poterat invenire exponendum . papa autem pecuniarum multitudine saginatus , erectus est in confidentiam . et infinitum , quem congregavit exercitum de conductitiis stipendiarus , ducatui & regimini octaviani cardina●is commisit , & copiosè sterlingos distribut , & cùm defecissent , significavit regi , quòd defuit illi pecunia . rex autem , instinctu diaboli et avaritiae rescribens papae , mittebat ei literas patentes obligatorias , regio figillo consignatas , ut sufficienter , imo abundanter , mutuo caperet a mercatorib●s italicis . nec timeret thesauri quantitatem , vel usurarum multitudinem , ipse enim omnia plene adquietarat , et se ad hoc obligavit sub poena exhaeredationis . papa autem his omnibus consentiens , hoc mandatum acceptavit : si bene fece●it , judicet judex omnium judiciorum dominus , cui cura est de omnibus ; non autem meum est facta papalia judicare . fecit igitur quasi edicto imperiali vel regali publicè acciamar● , ut omnes qui desiderabant opima stipendia recipere , venirent ad papalem exercitum . habebat enim jam quoniam mutuo receperat ab usuariis italicis thesaurum inaestimabilem . confluebat igitur ad stipendia papalia , italicorum ignobilium multitudo copiosa . qui desides & imbelles , necnon & infideles , nulli domini regis angliae , vel etiam papali commodo , sed tantum denariis deglutiendis intendebant , prout rei exitus comprobavit . rex igitur conradus , potenter se opponens , exhorta●us est suos naturales commilitones & indigenas regionum illarum , ut stent viriliter & pugnent pro patria sua , nec colla subdant dominis alienis : & exerc tum papalem diatim diminuit & enervavit . sed amor denariorum anglicorum hostium multitudinem gravavit . papa enim bursae regis minime pepercit , ec infinitam pecuniam consumpsit , cupiens regem siculorum expugnare , et regem angliae in praedictum dominum subrogare . omnes tamen voluit à corona commovere , & solum edmundum creare , ut de ipso & his quae ipsius forent , tanquam de creatura sua , secundum sui arbitrii faceret voluntatem . interim papa , ( qui●e contrary to st. p●ters doctrine , pet. . . to . and st. pauls too , tit. . , , . whose successor he pretended himself ) non mediocriter diffamavit regem conradum , imponens ei enormia crimina , scilicet caedem fratris ▪ sui henrici , ut sic provocaret regem anglorum & omnes anglos contra eum , & quod contemptor extitit clavium ecclesiae , & multa alia , quae non oportet recitare , scripta autem sunt in libro additamentorum , & in hoc praetacta . rex igitur conradus , irruptiones hostiles , comminationem , opprobia papae sustinens , & di●●amatines , coepit supra modum contristari , et gravi dolore contabes●e●e . et , ut dicitur , veneno propinato impellente , gravi dolore coepit contabescere , & lethali lecto decumbere , dicebatque , vae mihi misero , vae vae mihi misero ! ut quid me fudit mater mea à gremio ? ut quid pater me●● me genuit , totaerumnis exponendum ? ecclesia , quae mater patri meo et mihi esse debuit , potius novercatur . imperium , quod ante christi nativitatem , usque nunc floruit , modo marcescit , e● datur letheae oblivioni . maledicens ergo diei nativitatis suae , miseram & afflictam animam exhalavit . quod audito , papa de morte ejus certificatus , cum magno ▪ cordis jubilo , oris risu , & vocis exultatione , ait : gaudeo planè , & gaudeamus universi ecclesiae romanae alumni , quia jam sublati sunt de medio duo maximi inimici nostri , u●us ecclesiasticus , alter saecularis : episcopus lincolniensis robertus ▪ & rex siculorum conradus . obiit autem memoratus rex conradus mense junii . et illico papa ad ulteriores partes apuliae se transferens , totum ferè regnum illud sibi subdidit in brevi , & usurpavit . quod videntes optimates illius regionis , quae quondam ducatus extitit , indignati sunt vehementer . et suscitantes quendam filium frederici naturalem , nomine manfredum , adhaeserunt ei , facientes ei homagium tanquam domino & ligantiam . et factus est error novissimus pejor priore . et insurrexerunt papae hostes redivivi . the calumnies raised against conrade by this implacable malicious pope innocent , were thus publickly answered and refuted by him before his death , wherein the popes unchristian slanders , impiety , tyranny , injustice , and conrades innocency will most evidently appear . sic respondit procurator domini conradi , in praesentia domini papae & fratrum suorum , senatoris & concilii , ad articulos datos contra ipsum , cùm esset ad hoc specialiter vocatus . haec omnia proponunt citra formam judicii , cum nunquam fuerit dominus rex citatus : sed tanquam zelator famae suae , ad solum rumorem miserit pro sua innocentia ostendenda . primùm . quod regno * siciliae interdicto supposito , & rege , anathematis vinculo innodato , facit sibi celebrari divina , & regni ipsius clericos ad celebrandum coercet , claves ecclesiae contemnendo . quod cum non careat scrupulo haereticae pravitatis , de haeresi & haeresis suspitione , intendit inquirere contra ipsum . responsio ad hoc , quod dominus rex in contemptu clavium , nunquam sibi vel aliis celebrari divina mandavit , vel immiscuit se divinis : sed cum ipsum in nullo conscientia remorderet nec remordeat , quod contra sanctam catholicam & apostolicam romanam ecclesiam matrem suam , cogitasset aliquid vel egisset : posito quòd aliquando divinis interfuit ( quod non fatetur in contemptu clavium suae fidei ut falso sibi impingitur , sed ob fervorem amoris fidei christianae ) omni devotione , reverentia , & honore , ut verus christianus & princeps catholicus poterat interesse . pro cujus fidei orthodoxae irrefragabili veritate & charitate , cum necesse fuerit , paratus est exponere se & sua . addit etiam , quod eo in germania existente , & postquam venit in regnum , per nuncios aut per litteras de excommunicatione quae lata proponitur contra eum , monitio , denuntiatio , aut citatio non pervenit ad eum . nec obstat ei , quod dicitur fuisse anathematis vinculo innodatus , cùm ante excommunicationem aliquam ( si qua contra processit , quam ignorat ) idem dominus rex dei timore accensus , dubitans ne ad instantiam & falsam suggestionem proditorum & aemulorum suorum , & etiam patris sui , qui ad summum pontificem se contulerat post detectam proditionem & conjurationem , quam in necem contrectaverant patris sui , & falsa contra ipsum dominum regem quotid●è confingere , non cessabant , coram suis proceribus tam in germania quàm in regno , à quocunque gravamine legitimè appellaverit , & appellatione ipsa per suos solemnes nuncios fecit solemniter publicari : sicut opportuno tempore probare poterit per legitima documenta . unde post appellationem suam legitimam si processum fuit , processum fuit indebitè contra ipsum : nec credit se in aliquo ligari . ad id autem quod sibi impingitur , videlicet , quod regno interdicto ( quod dominus non fatetur ) compulerit clericos celebrare divina , taliter respondetur , quod eo veniente in regnum invenit clericos celebrantes , & prout ipsos invenit , sic eos celebrare permisit : nullam alicui , propter hoc , correptionem vel violentiam inferendo . posito tamen , quod super hoc aliquae literae contrariae apparerent , dicit eas de sua conscientia minimè emanasse : sicut apparet evidenter per literas missas justiciariis & officialibus regni omnibus quam cito id ex fabuloso colloquio ad ejus pervenit notitiam . quod idem probare vult tam per ipsas literas , quàm per legitima documenta : ut nullus eorum aliquem clericum compelleret celebrare divina , contra voluntatem suam . ad aliud capitulum quod opponitur subsequenter , quod in terris lombardiae adhaerentibus & faventibus sibi , publicè haeresis praedicatur : respondetur sic , quòd semper persecutus est dominus rex haereticos quarumlibet sectarum in alemannia , quamdiu moratus est ibi , & postquam venit in regnum : & paratus eos persequi tam in lombardia quàm alibi , tanquam princeps catholicus & christianissimus : dolens quamplurimùm , quòd non potest eos persequi cum effectu in partibus lombardiae : sed ut constat publicè toti mundo , mediolani , brissae & mantuae , praedicatur publicè haeresis , quia salua reverentia praesidentis , dicuntur ecclesiae filii speciales . ad aliud capitulum , quod dicunt quia favet eost . de roman . quem dominus papa pro haeretico reputat sicut ponit , respondetur sic . quod semper dominus haereticos odit , nec unquam novit eum haereticum esse , nec fuit , nec favet ei tanquam haereticus . ad aliud vero , quod nequissimè & falsissimè ponitur , quod sanguinis foedere violato toxicari fecit fredericum nepotem suum , licèt non videretur necessarium respondere ad tam manifestissimam & apertissimam falsitatem : tamen ne simplices & vulgus , quod de facili credere consuevit , aliud crederet quam deberet : dicit dominus rex , quicquid super hoc per quemcunque sibi opponitur , penitus esse falsum , ritè probabit . ad aliud capitulum consimilis falsitatis , quod contra naturale amoris vinculum henricum fratrem suum detinet captivatum , dominus rex respondet : quod nunquam dictum fratrem suum tenuit captivatum , imò tractavit eum honorificè , & dilexit ut fratrem , & si hodiè viveret , faceret illud idem . sed dominus , in cujus manu sunt omnium potestates & omnium corda regum , prout sibi placuit , de hujus mundi ergastulo ipsum ad aeternam patriam revocavit . in cujus obitu , partem sui corporis reputat diminutam . super eo vero , quod in ipsorum capitulorum serie subsequenter ad jungitur , quod bona ecclesiarum vacantium & non vacantium , ac doniús templi , hospitalis , & aliorum religiosorum in regno occupavit , & detinet occupata : praelatos & rectores in ecclesiis canonicè institutos non permittens in ipsis ecclesiis residere , alios praeficiens in eisdem : respondetur , quod bona ecclesiarum cathedralium vacantium & non vacantium , in regno suo nec occupavit , nec detinet occupata , sed in ecclesiis ipsis vacantibus ipsius regni , ratione antiquae dignitatis competentis sibi & praedecessoribus suis tantum utitur jure suo , faciens bona eadem per procuratores suos idoneos commodè procurari . quod si videtut absonum apostolicae sedi , contentus est dominus rex illo jure in praedictis ecclesiis vacantibus , quo nititur rex franciae & angliae in ecclesiis vacantibus regni sui . ad hoc autem quod dicitur , quod de bonis hospitalis & templi facit dissipationes taliter respondetur , videlicet , quod bona praedictarum domuum nec occupavit nec detinet occupata : sed si aliquis de dictis domibus velit conqueri de domino rege , paratus est ei facere omne justitiae complementum . idem respondet , de bonis aliorum religiosorum locorum . ad id verò quod subdit , quod praelatos & rectores institutos canonicè , in ecclesiis regni non permittit residere in ecclesiis ipsis , sed alios praeficit in eisdem , taliter respondetur , quod nullum in ecclesiis ipsis institutum canonicè abjecit , non prohibuit in ipsis ecclesiis residere : dicit quod in ecclesiis ipsis nullum praefecit ; sed in ecclesiis vacantibus ( sicut dictum est ) bona ipsarum facit per procuratores idoneos commodè procurari , prout competit ex antiqua consuetudine dignitatis , quam habet in ecclesis vacantibus regni sui . ad aliud autem quod dicit , quod cum regnum ipsum sit sedis apostolicae , dominus rex plura gravia praesumpsit contra romanam ecclesiam , & praesum●t , duras & abominabiles exercens ibi saevitias , & alia pessima & enormia : propter quae ( si etiam dictum regnum pertineret ad eum ) deberet inde illo privari . respondet dominus rex , quod in regno siciliae tanquam haereditario regno suo , quod a praedecessoribus suis a tempore quo non extat memoria , ad eum * legitima successione pervenit , nulla gravia praesumit , nec saevitias aliquas exercuit vel exercet , sed cum regnum ipsum in bono et pacifico statu gubernans , omnibus indifferenter monstrat justitiae complementum . ad hoc autem quod dicit , * quod attemptat multa contra romani imperii dignitatem , respondet dominus rex , quod contra romani imperii dignitatem non attemptavit aliquid nec attemptat , sed cum sit in romanum regem electus legitimè ( prout plenè constat per legitima documenta ) in eodem imperio utitur jure suo . ad aliud quod vult & petit dominus papa , ut omnibus volentibus ire ad deponendum contra dominum regem , inquisitionem quam intendit facere contra ipsum super capitulis supradictis , dominus rex respondet . quod cum nullo modo inquisitio super praemissis debeat de jure procedere contra ipsum , eo quod causa propter quam in talibus inquisitio debeat fieri , non praecessit , videlicet fama publica quae à bonis & gravibus ortum habuerit , & non semel , sed saepius , nec ab aemulis & inimicis , ( prout jura canonica & civillia insinuant manifestè ) non tenetur dominus rex securitatem praestare petitam , quia sic videretur annuere , & consentire inquisitioni , quae de jure non debet fieri contra ipsum . subest etiam alia causa , quae juste movet et movere debet dominum regem , quod petitam securitatem praestare non debeat : quod cum angeli tenebrarum frequenter in lucis angelos se transforment , et sub praetextu liciti , illicita committere non verentur , occasione hujusmodi possent alia tractare latenter , quae domino regi essent onerosa plurimum et damnosa . the death of this most nocent , malicious , king-traducing , king-deposing , turbulent pope , and his condition after it , is thus related . tempore quoque sub eodem , in crastino videlicet beati nicolai , obiit papa innocentius quartus , apud neapolim , duplici incommodo sauciatus . postquam enim escopus lincolniensis robertus in visione nocturna cuspide baculi sui pastoralis ipsum in latere iratus pupugit , & impetuosè , ut praedictum est , impegit , pleuresi laboraverat irremediabiliter . et postquam exercitus suus à conrado adversario suo victus est & dissipatus , nunquam posteà mente vel corpore prosperè egit , sed ad mortem sensim declinavlt . iste semivivus , jam moriturus , cùm videret consanguineos suos circumstantes lugere , plangere , & ut moris est ibi , ululare , & vestes & capillos decerpere : ille sublevans oculos in morte natantes , ait , quid plangitis miseri ? nonne vos omnes divites relinquo ? quid amplius exigitis ? et haec dicens districtum dei judicium subituram animam exhalavit . cecidit autem eadem septimana , qua papa innocentius quartus migravit ab hoc saeculo , visio quaedam nocturna mirabilis cuidam cardinali , cujus nomen supprimitur ad cautelam . videbatur enim sibi , quòd fuerat in coelo coram majestate domini sedentis pro tribunali , à cujus dextris stabat beata virgo mater ejus , à sinistris verò quaedam matrona nobilissima corpore , & habitu venerabilis . quae extento brachio supra manum sinistram deferebat quasi templum , & scribebatur in fronte templi illius literis aureis , ecclesia . coram verò majestate divina , incurvatus innocentius . junctis manibus & erectis , flexisque genibus petens veniam , & non juditium ; nobilissima autem mulier ait ex adverso : juste judex , rectè redde judicium , accuso enim eum super tribus . primò , cum in terris ecclesiam fundasses , libertatibus eam donasti , quae à teipso processerunt : hic vero eam reddidit ancillam vilissimam . secundò , fundata est ecclesia salus peccatorum , ut scilicet lucrifaceret * animos miserorum : hic vero fecit eam mensam nummulariorum . tertiò , fundata est ecclesia in fidei firmitate , justitia , & veritate : hic vero fidem et mores fecit vacillare , justitiam sustulit , veritatem obumbravit : justum ergo judicium redde mihi . ait autem dominus : vade et pro meritis tuis mercedem apprehende . et sic ablatus est . cùm vero ex terrore sententiae evigilasset cardinalis , clamans , effectus est quasi extra se , ut omnes sui dicerent , ipsum furere . tandem mitiga●o dolore , visionem suam pleniùs coepit enarrare , & publica facta est in partibus illis . ista visio ( nescitur si fantastica ) multos perterruit ; & utinam cum effectu , castigans emendavit . sublato igitur de medio innocentio . papa , subrogatus est alius vir , ut aiunt , satis benignus , & bene religiosus , assiduus in orationibus , in abstinentia strenuus : sed sibilis adulantium seducibilis , & pravis avarorum suggestionibus inclinativus . episcopus videlicit ostiensis , nepos gregorii papae pridem defuncti , qui ipsum in episcopatum promoverat : & vocatus est alexander , videlicet quartus . scripsit autem in principio creationis suae , cunctis ecclesiarum praelatis ; postulans humiliter , ut orarent pro ipso , ut dominus daret ei potestatem , gratiam , & voluntatem , ecclesiam dei congruè gubernare : & vicarius dei , & petri successor competenter appellari . in quo facto novo ( alii enim ejus successores nil tale fecerunt ) multorum corda in spem erexit meliorem . veruntamen à collateralibus fratribus suis , decipi citò se permisit ejus simplicitas . et de bulla sua , quae est pignus fidei papalis , & testimonium , facta est , ut dicitur , fraus inopinata , non tamen in his ipsum excuso . papa enim talis esse debet , ut non decipiat , vel decipiatur : utrumque enim in tanto viro reprehensibile est . consilio nempè aliquorum , in quos confisa anima ejus requievit confidenter , & persuasu praedecessoris sui papae innocentii . qui fratres cardinales ad hoc moriturus animaverat , bellum inchoatum contra frede●icales , & praecipuè manfredum , filium frederici naturalem , sed legitimatum , potencer continuare praesumpsit . quibus cùm videretur domino papae durum in primitiis suis contradicere , ratum & gratum habuit , quod viri saecularibus pompis dedi●i consuluerunt : maximè cùm dixissent , quod absurdum esset , et manifeste ecclesiasticae religioni contrarium , unam civitatem saracenis inhabitatam et refertam , quam revera fredericus fundaverat , in finibus christianorum tolerare . quo colore inductus papa , simul cum quodam alio , videlicet quod inhumanum esset dominum regem angliae de sua spe fraudari concepta , ex promissione ecclesiae , de regno siciliae obtinendo , propter quod jam thesaurum exposuit infinitum . the pope having given this realm to king henry , and he to his son , post festum vero s. lucae , edicto regio convocata convenit magnatum numerosa multitudo . venerat autem illuc ad regem ep scopus romaniae , ex parte papae : qui apportans secum annulum , vice ejusdem papae , contulit ipsum annulum aedmundo filio regis , investiens eum sic solenniter de regno sicilit & apuliae . unde elevatum est cor regis in sublime , & exultavit , tanquam jam receptis siculorum & apulorum omnium homagiis , civitatibus , & castris , in regem coronaretur . et in propatulo rex pater vocavit filium suum ae●n u●●um regem siciliae . nesciebat autem , ut creditur , memoratus episcopus quod contrita fuit papalis expeditio , & effusus totaliter thesaurus regis anglorum , insuper alieno aere terribiliter obligabatur : & si fortè sciret , scire hoc cautè dissimulavit , ne munera perderet sibi praeparata . hoc autem nimis profectò regem latuit , & magnates ; episcopus autem antequam rei veritas in anglia sciretur , pretiosis ornatus muneribus , illico repatriavit . rex autem nimis properè coram optimatibus , ad altare prosiliens , confisus nimis de papali adjutorio , juravit transitum in apuliam per s. edwardum , de uno tantum habens solicitudinem , scilicet , qualiter transiret in pace cum exercitu suo & thesauro regnum francorum . unde statim cogitavit , quem ad hoc impetrandum ad regem francorum destinaret . cogitavit insuper consequenter jura sua ultramarina imperiosè reposcere ab eodem , & potenter readquirere . quia inter apuliam & angliam , foret quasi inter duas molas francia conterenda . misitque illuc dominum johannem mansell . what power the king then exercised over the elections and vacations of bishopricks , is thus related . tempore quoque sub eodem , rex in quantum potuit , electionem eboracensis archiepiscopi fecit differri & impediri , ut diutiùs & liberiùs bona diriperet archiepiscopatus . ait enim : nunquam illum archiepiscopatum anteà in manu tenui ; ideo cavendum est , ne nimis cito elabatur . elegerunt autem tandem , sive postularunt canonici unanimiter , magistrum sewalum ejusdem ecclesiae decanum , virum modestum , sanctum , & in jure & aliis scientiis eleganter eruditum . et misso magistro rogero de holdernessae , viro perito & gratioso , res foeliciter perducitur ad effectum , prout dicetur in sequentibus ; he being consecrated not long after . the archbishops and bishops having agreed to grant the king a disme towards the relief of the holy land , by advice of the kings counsil in parliament , appointed it to be collected by the bishops of norwich , chichester , and abbot of westminster , in manner following , for which they assigned them an annual stipend , thus entred in the patent rolls . memorandum , quod in parliamento à die paschae in tres septiman . anno regni regis henrici , &c. . london . celebrato , praesentibus domina regina , r. com. cornub. & aliis domini regis fidelibus , w. & j. norwic. & cicestr . episcopi , ac abbas westmonasterii , quibus negotium crucis in anglia , una cum collectione decimae beneficiorum ecclesiasticorum domino regi in subsidium terrae sanctae , à sede apostolica deputatae , est ejusdem sedis authoritate commissum cantuar. & ebor. provincias , inter se taliter deviserunt ; videlicet , quod episcopus norwicensis vice sua & collegarum suarum per dioceses infra scriptas expediet negotia crucis , tàm in dictae decimae collectione quàm in omnibus aliis crucis negotium contingentibus , scilicet , per dioc. london . excepto archidiaconatu midd. & per eliensem , norwicensem , lincolniensem , coventr . & litchfield . civitates & dioc. item , per totam provinciam ebor. in anglia , episcopus vero cicestr . per cantuar. roffen . cicestr . & winton . civitates & diocaeses ; abbas autem westm . per sarr . bathon . & wellens . wygorn . exon. hereford . menevens . landavens . bangor . & sancti asaph civitates & diocaeses ; & per archidiaconatum midd. dicti siquidem regina & com. & alii de consilio domini regis tunc in parliamento praesentes , praedictis episcopis & abbati pro se & ministris suis in negotio crucis laborantibus expensas assignaverunt in hac forma ; videlicet , episcopo norwicen . d. marc. episcopo cicestr . cc. marc. & abbati westm. ccc . marc. de pecunia crucis per ipsos colligenda , annuatim percipiend . per illud triennium , quo fiet collecta dicto domino regi concessa de decima proventuum ecclesiasticorum regni angliae , & aliarum terrarum suarum . in cujus , &c. teste ut supra apud windes . die maii. per reginam & com. rich rd . & de consensu episcoporum & abbatis westm . ad negotium crucis assignatorum . they likewise issued this patent to the freers minorites and predicants to assist them therein . rex dilectis sibi in christo ministris & fratribus minoribus universis per angliam constitutis , salutem . cum praedicatio crucis christi & caetera negotium crucis contingentia , venerabilibus in christo patribus w. & j. norwicen . & cicestr . episcopis ▪ & abbati westm . ad instantiam nostram , authoritate sedis apostolicae sint commissa , vos affectuosè rogamus , quatenus cum ab ipsis vel eorum aliquo fueritis requisiti , consilii & auxilii beneficium super hiis quae praedictum negotium contingunt , & praecipuè super praedicatione verbi jesu christi eis , vel al is quibus vices suas commiserint in hac parte favorabiliter impendatis ▪ ita quod apud homines vos accrescat dignae laudis praeconium , et apud deum cujus negotium agitur ( as was pretended ) cumulus praecon●orum . teste a. regina & r. comite cornub. apud wintoniam , . die maii. eodem modo ( scribitur ) priori provinciali & fratribus praedicatoribus universis per angliam constitutis . teste ut supra , & priori provinciali fratrum praedicatorum in anglia , & ministro fratrum minorum in anglia . how and by what processe they were to proceed herein , is thus recorded . rex venerabilibus patribus w. & j. norwicen . & cicestr . episcopis , & dilecto sibi in christo r. abbati westm . salutem . cum nuper consilio nostro commoranti in anglia per literas significaveritis , quod in ponenda decima proventuum beneficiorum ecclesiasticorum regni nostri nobis à sede apostolica in subsidium terra sanctae concessa , formam subscriptam provideritis , per quam creditis & firmiter tenetis vos posse procedere , videlicet , per sententiam excommunicationis promulgandae in omnes personas ecclesiasticas , qui justam proventuum suorum aestimationem , expensis tantum necessariis deductis , fraudulenter occultabant , & si aliquos suspectos meritò habueritis , quod sua beneficia minus plenè aestimaverint , per sacramentum ipsornm vel vicinorum suorum rei veritatem plenius eruendo : vobis significandum duximus , quod ex quo vobis videtur , quod forma illa est idonea , eam approbamus , consulentes , quod collectis fructibus primum terminum ad pecuniam solvendam circa festum sancti michaelis proximo futur . praefigatis , & si ad unum terminum haberi non poterit , praefigatis alios terminos solutionis ejusdem pecuniae prout nobis magis videritis expedire . praetereà placet consilio nostro , quod aliquem clericum de quo confideritis , & qui melius noverit clericos hiberniae quam nos noverimus , mittatis in hiberniam ad dictam decimam , una cum venerabili patri l. dublinensi archiepiscopo , & magistro johanne de frissinton qui prius de negotio illo se intromiserunt colligendam , & ad negotium crucis cum ipsis exequendum . constituentes ei quem ad hoc ad partes illas mittendum duxeritis necessarias expensas de decima praedicta . mittimus etiam vobis literas nostras idem negotium contingentes de quibus praefato consilio nostro significastis . vosque attentè rogamus quatenus in dicto negotio procedatis , prout commodo nostro magis videritis expedire . teste a. regina nostra , & r. com. cornub. fratre nostro apud winton . . die maii , anno regni nostri . in august following the king issued these patents to the archbishops , bishops , abbots , priors , archdeacons , officials , deans , and other prelates in ireland , specially to promote this croysado and disme in ireland , and to assist those sent thither to collect it , whereof one was the popes subdeacon , ( who shared with the king in this booty . ) rex archiepiscopis , episcopis , & dilectis sibi in christo abbatibus , prioribus , archidiaconis , officialibus , decanis , & omnibus aliis ecclesiarum praelatis in hibernia constitutis , salutem . cum venerabilem in christo r. dublin . archiepiscopum , & dilectos clericos nostros magistrum laurentium de summercote domini papae subdiaconum , & canonicum cicestr . & magistrum johannem de frisin ▪ assignaverimus ad negotium crucis in hibernia exequendum , & ad decimam proventuum beneficiorum ecclesiasticorum ejusdem terrae nobis in subsidium terrae sanctae à sede apostolica concessam colligendam , universitatem vestram affectuosè requirimus , quatenus eisdem archiepiscopo laurentio & johanni & hiis quos ipsi ad vos ex parte sua destinaverint ad praedicta negotia foeliciter expedienda , consilium vestrum & auxilium efficaciter impendatis : ita vos in hac parte habentes , quod diligentiam vestram ad hoc appositam meritò debeamus literae commendatam . in cujus , &c. ▪ teste r. com. cornub. apud westm . . die augusti . the bishops of norwich , chichester , and abbot of westminster being appointed chief collectors of this disme , sent this commission to the archbishop of dublin and others to collect and lay up this disme in ireland , thus recorded . omnibus christi fidelibus praesentes literas inspecturis vel audituris , w. & j. norwicen . & cicestr . episcopi , & r. abbas westmonasterii , salutem . cum nobis specialiter per summum pontificem sit injunctum , quod per nos & alios quos ad hoc idoneos viderimus , negotium crucis & collectionem decimarum proventuum ecclesiasticorum per regnum angliae & alias terras regi anglia subjectas exaequamur , prout in literis domini papae nobis super hoc directis plenius continetur : nos l. archiepiscopo dublin . magistro laurentio de sumercote , & johanni de frissinon in executione dicti negotii crucis , crucesignatorum tuitione , justitiae exhibitione , & collectione decimarum proventuum ecclesiasticorum tàm minorum quàm majorum , & omnibus articulis dicta negotia contingentibus , & sine quibus expediri non possunt , per totum regnum hiberniae committimus vices nostras , ut ●psi tàm per se quàm per alios quos ad hoc idoneos elegerunt , quibus omnibus & singulis vices nostras committimus , omnia & singula dicta negotia contingentia exequantur . sententias verò quas tulerint in rebelles ratas habebimus , & eas faciemus deo auctore inviolabiliter observari . volumus autem , quod pecuniam quam receperint in locis tutis deponant , quousque à domino rege vel à nobis aliud receperint in mandatis . quod si non omnes hiis exequendis potuerint interesse , duo vel unus ea nihilominus exequantur , provisione quod in receptione pecuniae & ipsius depositione absque praesentia dicti magistri laurentii , vel alterius ab eo specialiter deputati , quem de consilio domini regis hiis negotiis praeficimus , nihil penitus attemptetur . si autem circa dictorum negotiorum executionem dubitatio oriatur , damus specialem potestatem dicto magistro eam interpretandi nomine nostro , qui in hiis omnibus nostras voluntates novit plenius & processus : transcripta vero literarum papalium eidem magistro tradidimus , quorum quaedam sigillo domini regis & nostris , quaedam nostris tantum , quaedam cicestrensis episcopi solummodo fecimus sigillari . in cujus , &c. praesentibus sigillum domini regis una cum nostris apponi procuravimus . dat. &c. these commissioners granted this annual salary by another writ , by advice of the kings counsil , to laurence sumercote , sent into ireland to collect this disine . omnibus , &c. ut supra , salutem . noveritis nos anno domini . in festo sanctae mariae magdalenae convenisse cum magistro laurentio de sumercote quem in hiberniam mittimus pro negotio crucis , & decima ecclesiasticorum proventuum ibidem colligenda de consilio r. com. cornubiae , & aliorum consiliariorum domini regis , quod idem magister recipiet annuatim anno & termino praedicto currere incipiente , centum libras sterlingorum pro expensis suis & clericorum suorum , ac familiae universae de pecunia crucis in hibernia per manus collegarum suorum , quibus eadem negotia sunt commissa . et si humanitus contingeret de altero collegarum , alter qui superstes fuerit eidem magistro eandem pecuniam numerabit . hanc vero pecuniam recipiet idem magister quamdiu se de praedictis negotiis intromittet , vel donec commissionem eidem factam duxerimus revocandam . si autem medio tempore humanitus contigerit de eodem magistro , tunc pro rata temporis solvetur eidem vel executor . suis portio pecuniae supradictae . praedictus vero magister juramento corporaliter praestito nobis promisit , quod fideliter & diligenter in praemissis laborabit , & de administratione sua reddet nobis fideliter rationem . in cujus , &c. ut supra . these patents and grants of theirs were backed with this other in the kings name , signed by the earl of cornwall , then keeper of the realm in the kings absence . rex l. dublin . archiepiscopo , & magistro johanni de frissinon , salutem . sciatis quod associavimus vobis magistrum laurentium de sumercote , domini papae subdiaconum , & canonicum cicestrensem , ad negotium crucis exequendum in hibernia , & ad decimam proventuum beneficiorum ecclesiasticorum ejusdem terrae nobis concessam unà vobiscum colligendam . ipsumque ad vos ad hoc mittimus , mandantes , quatenus ipsum magistrum laurentium commendatum habentes , ipsum ad praedicta negotia vobiscum expedienda admittatis , & eidem de pecunia crucis singulis annis habere faciatis centum libras sterlingorum pro expensis suis & clericouum suorum , & familiae suae quamdiu de praedictis negotiis se intromiserit , & donec w. & j. norwic. & cicestr . episcopi , & abbas westm . commissionem eidem magistro factam duxerint revocandam , prout in literis patentibus eorundem episcoporum & abbatis vobis inde directis , quibus sigillum nostrum est appensum , continetur , quia de eadem pecunia nihil recepit in anglia . teste r. com. cornub. apud westm . . die augusti . the archbishop of ardmach in ireland consecrating one geoffry de cusak bishop of meden in ireland , elected without the kings commandment , license , or subsequent confirmation , who thereupon took upon him to conferre benefices belonging to the bishoprick ; the king upon complaint of another elected and confirmed bishop thereof by the kings consent , though not consecrated , issued this memorable writ to the chief justice of ireland , to preserve the rights of his crown against these conspirators , to make void and null all presentations of the intruder , and to punish all resisters in such manner as the writ prescribes . rex justic . hiberniae , salutem . monstravit h. medensis episcopus , quod postquam recuperaverat spiritualia episcopatus sui ab illis ad quos confirmatio sua pertinebat , & à nobis temporalia , frater galfr. de cusak , gerens se pro episcopo medersi , qui consecratus fuerat per archiepiscopum armacanum , in regiae dignitatis praejudicium , cum id a nobis nullum habuisset assensum , nec ante confirmationem suam petivisset , contulit quasdam ecclesias in praejudicium nostri , necnon et ipsius h. quarum unam recepit r. de norwic. cancellar . noster hibern . et ideo vobis mandamus , quod eidem radulpho ex parte nostra firmiter injungatis , quod ecclesiam illam in praejudicium nostri non praesumat retinere , et de caetero similia facere non praesumat ; excommunicatos etiam ab eodem h. vel officialibus suis cum vobis fuerint denunciati , secundum consuetudinem hiberniae capi faciatis , ac resistentiam laicalem quam in ecclesiis contra ipsum vel suos inveneritis amoveri faciatis . et si aliqui sibi vel suis de rebus vel corporibus suis fuerint minati , ab ipsis bonam securitatem per sufficientes plegios cap. quod nihil mali eidem electo vel suis per ipsos eveniet . e●praemissa eo diligentius exequamini , quod praedicti archiepiscopus et frater g. nituntur excludere nos et haeredes nostros , ne licentia a nobis requiratur eligendi episcopum in ecclesia medensi , quod in gravem laesionem juris nostri redundaret . teste a. reginam , & r. comitem , apud westm . . die maii. per reginam . after which the intruded bishop procuring a letter from the pope to some bishops and other persons in ireland , to examine this difference between the bishop elected , approved by the kings license , and this intruder , ( by the popes authority ) in prejudice of the kings antient right and regal authority , the king thereupon issued this memorable writ and prohibition to them , not to do any thing therein to his or the bishop elects prejudice , under pain of seising their temporalties ; declaring his own and his progenitors right , that no bishops ought to be elected in ireland , but by his precedent license , and subsequent ratification of them . rex laon. episcopo , archid. waterford , & ministro ordinis fratrum minorum in hibernia , salutem . cum temporibus progenitorum nostrorum & nostra consuetudo hactenus sit obtenta , quod vacantibus archiepiscopatibus , episcopatibus terrae nostrae hiberniae , a nobis petita fuerit licentia eligendi , et factis electionibus noster assensus requiri consueverit : et etiam in ultima vacatione episcopatus med●●si , videlicet antequam r●chardus quondam medensis episcopus , in ejusdem loci episcopum eligeretur , a nobis fuerit licentia eligendi petita , et electione de ipso facta , noster super hoc requisitus fuerit assensus ; miramur quamplurimum , quod b. armachanus archiepiscopus , et fr. galfr. de cusac , juri et possessioni nostrae in hac parte se opponunt . et ideo vobis mandamus , in fide qua nobis tenemini firmiter injungentes , quatenus in cognitione causae quae vertitur coram vobis authoritate literarum domini papae , inter hugonem medens●m electum ex una parte , & praedictos archiepiscopum & fratrem g. ex altera , super praedicta licentia eligendi taliter vos geratis , quod dignitas regia nullam in hac parte jurium suorum , vel possessionis suae sustineat laesionem . scituri , quod si secus egeritis , dissimulare non poterimus quin contra vos , et praedictos archiepiscopum et fratrem galfr. manum prout expedire viderimus extendamus . teste a. regina nostra , & r. comite cornubiae fratre nostro , apud windes . die februarii . per consilium . this right of the kings in ireland , is thus ratified by the kings own license granted to the dean and chapter of waterford , whiles in gascoigne . rex concessa decano & capitulo waterford . ecclesiae licentia eligendi , volens eorum parcere laboribus & expensis mandat j. filio galfr. justic . suo hiberniae , quod cum eorum electus vel postulatus ei fuerit praesentatus , regium ei assensum adhibeat et favorem , dum tamen nulla sit regi ratione suspectus : et cum assensum suum loco regis obtinuerit , et postea beneficium confirmationis obtinuerit , & hoc eidem justic . constiterit de praedicto episcopatu & omnibus ad eundem episcopatum pertinentibus quae fuerunt in manu regis , eidem electo vel postulato plenam seisinam habere fac . accepto prius , ab eodem electo vel postulato fidelitate regidebita et consueta . et quod provideat , quod ab eodem decano & capitulo literas habeat patentes & continentes , quod istam gratiam r. temporibus futuris non trahat in consequentiam . in cujus , &c. dat. per manum nostram apud millan . die marcii , anno regni nostri . the king being in gascoigne and wanting ayd , sent this writ to the chief justice of ireland , to come thither in person with a good traine of men to ayd him , if there were no danger of an insurrection from the irish , else to send maurice fitz gerald to him with a competent train , and to borrow money from the popes collector in ireland with his consent for that affair , to be repayed him at a certain day . rex j. filio galfridi justic . suo hyberniae , salutem . quia audivimus , quod hybernienses nimis superbiunt propter adventum vestrum , & dilecti & fidelis nostri mauritii filii ger. & aliorum magnatum nostrorum hyberniae ad nos in wascon . comminantes paci & tranquillitati terrae nostrae hyberniae : vobis mandamus , quod si salvo statu praedictae terrae , & sine periculo ejusdem ad nos venire possitis in wasconiam , ad nos illuc cum honesta comitiva armatorum , tàm ad denarios nostros si opus fuerit , quàm aliunde , cum omni festinatione veniatis ; dimissis in praefata terra hyberniae , ad defensionem ejusdem terrae praefato mauritio , & aliis probis hon inibus praedictae terrae , quos ad defensionem ejusdem terrae sufficientes & idoneos reputatis . ita quod securi sitis , quod propter recessum vestrum nullum nobis aut dilecto filio nostro edwardo immineat periculum in hac parte . et si fortè tantus sit timor , vel tantum periculum terrae hyberniae memoratae , quod vos personaliter ad nos venire non possitis , tunc cum omni celeritate m●ttatis ad nos in wascon . honorabilem comitivam militum & servientum quantum poteritis cum dicto mauritio , vel aliquo alio probo capitaneo quem ad hoc eligatis , salva securitate praedictae terrae . et si a magistro johanne de frissinon , de pecunia quam dominus papa habet in hybernia , mutuum ad opus nostrum habere possitis , mutuum illud per bonam voluntatem ejusdem johannis contrahatis certis die et loco reddendam , deferentes vobiscum vel mittentes pecuniam quam ab eo mutuo receperitis , & de thesauro nostro hyberniae quantum fieri poterit tàm de termino pasch . proximo praeterito quàm aliunde . in cujus , &c. per reginam & com. the king issued this prohibition to stay a suit concerning common of pasture in the spiritual court , belonging to the temporalties of the bishoprick of lincoln , then in his hands . mandatum est magistro willielmo de haya , ne teneat placitum in curia christianitatis de communa pasturae in newenton , pertinente ad episcopatum lincoln . qui vacans est & in manu regis . unde galfr. de parco queritur quod robertus vicarius de newton trahit , &c. quia rex vult & tenetur servare temporalia praedicti episcopatus in eodem statu in quo ea recepit , & hujusm odi placita spectant , &c. teste , &c. apud merleberg . die marcii . per h. de bath . the . day of october h. . the king issued this writ under the teste of the earl of cornwall , declaring the archbishops right of patronage to the temporalties of the bishoprick of rochester , and to have the ayd due from him to make the kings son a knight . cum archiepiscopus cantuar. totius angliae primas patronatum habeat omnium temporalium episcopatus roffensis , per * chartam domini j. regis , quam regi ostendit , & episcopus roffensis servitia inde regi debita facere debeat tanquam domino & patrono : mandatum est baronibus de scaccario , quod auxilium quod levatur in feodis episcopatus roffensis , ad primogenitum filium regis militem faciendum , à dicto episcopo roffensi habere faciant archiepiscopo praedicto , non obstante si aliquis episcoporum roffensium , illud aliquando solverit ad scaccarium regis , cantuariensi archiepiscopo ignorante . teste r. comite cornubiae apud westmonasterium , die octobris . cum archiepiscopus cantuar. returnum brevium regis habeat in feodis cantuar. ecclesiae , & patronatum omnium temporalium episcopatus roffensis , sicut de feodis cantuar. ecclesiae , per chartam j. regis , quam idem archiepiscopus regi ostendit : mandatum est vic. norff. quod returnum brevium regis in feodis praedicti episcopatus roffen . in balliva sua sicut in caeteris feodis cantuar. ecclesiae , eidem archiepiscopo habere faciat . teste ut supra . but upon better advice october . there issued this memorable prohibition to the archbishop of canterbury , not to demand any escuage from the bishop of rochester , and to him not to pay it , without consideration of his counsil , and judgement first had to which of them it belonged . rex archiepiscopo cantuariensi , salutem . datum est intelligi consilio nostro in anglia commoranti , quod vos exigitis à à l. roffensi episcopo scutag . de feodis militum quae tenet , unde nos sumus inseisina . et cum nobis agentibus extra regnum deputati sitis unus ejusdem gubernator , tolerare non debetis nos privari possessione nostra in hac parte . quapropter paternitatem vestra● rogamus attentè , quatenus à praedicta exactione de●istere velitis , do nec discutiat●r ad quem nostrum pertineant praedictorum feodorum servitia . teste a. regina , & r. com. cornub ▪ fratre , apud westm. die octobris . per r. com. cornub. & consilium . et mandatum est roffensi episcopo , ne de hiis de quibus rex possessionem habet , eidem archiepiscopo vel alii aliquid faciat stne consideratione curiae regis . teste ut supra . the archbishops official having given sentence in a case of matrimony for henry de sobburr , that hawis was his lawfull wife , the king issued this writ to the sheriff of gloucester to put him in full possession of her lands and goods . quia b. cantuar. archiepiscopus regi per literas suas patentes signisicavit , quod hawis de longo campo adjudicata est henr. de sobburr in uxorem legitimam , per sententiam diffinitivam latam in causa matrimoniali quae vertebatur coram magistro eustach . de lenn offic. ipsius archiepiscopi , inter ipsum henricum ex una parte , & dictam hawis ex altera : mandatum est v●c . glouc. quod eidem henr. de terris , possessionibus & catallis ipsius hawis plenam seisinam sine dilatione habere fac . teste r. com. cornub. apud westm . die octobris . he likewise by his ecclesiastical prerogative , issued this writ to the sheriff of lincoln , to deliver some persons taken upon a writ of excommunicato capiendo , to the archbishops official , during the vacancy of the bishoprick of lincoln . mandatum est vic. linc. quod willielmum de trikingham , & robertum de howton quos ob contumaciam excommunicatos ad suggestionem r. linc. episcopi nuper defuncti rex capi & in prisona detrudi praecepit , liberet magistro eustachio de lenn , offic. b. cantuar. archiepiscopi , qui jurisdictionem episcopalem obtinet in praesenti . teste a. regina , & r. com. cornub. apud westm . die novembris . per mandatum archiepisc . cantuar. & consil . the king having seised into his hands the lands and tenements of the dean and chapter of york , upon a complaint for encroaching upon the rights of his crown , and citizens liberties , in their ecclesiastical court , commanded the sheriff to restore them , provided that they should answer their offence in the kings court , whenever they should be summoned . mandatum est vic. eborum , quod terras & tenementa decani & canonicorum ecclesiae sancti petri eborum , quae in manum regis occasione contentionum inter ipsos & cives regis eborum ortarum capi praecepit , eisdem decano & canonicis per plevinam rehabere faciat . ita quod in curia regis coram rege vel consilio suo respondeant praefatis civibus de hiis quae erga eos proponere voluerint , cum iidem decanus & canonici ad hoc summoniti vel attachiati fuerint . teste a. regina , & r. com. cornub. primo die maii. per com. richard. the complaints follow in claus . h. . of which in due place . the king from beyond seas issued this precept to the barons of the exchequer to issue monies for the repair of the church of westminster , which he intended to have consecrated before his voyage to the holy land. quia rex proponit per auxilium divinum , quod ecclesia westm . dedicetur , antequam iter arripiat in terram sanctam , videlicet à die sancti edwardi , anno regni , &c. tricesimo octavo , in unum annum , quo die per dei gratiam regia corona decorabitur . mandatum est phil. luvel thesaurario , & omnibus baronibus suis de scaccario , quod tria millia marc. per annum assignari fac . ad opus ecclesiae praedictae promovendum & expediendum . in cujus , &c. et mandatum est reginae & com. quod hoc fieri fac . dat. per manum nostram apud milan . die marcii , anno regni nostri . the king by vertue of his prerogative royal , issued writs to enquire of the real values of the mannors , lands , rents , and revenues of religious persons , ( in nature of doomsday book ) that he might the better improve them when they fell into his hands by vacancies , or deaths of abbots and priors , towards the debts he contracted by his foreign wars , which the monkish historians thus relate . circa idem tempus , scilicet in festo sancti edwardi , egressum est breve inauditum à cancellaria domini regis , in quo nil boni poterat sperari vel autumari . henricus dei gratia , &c. inquiratur in maneriis religiosorum , quot sint carucae propriae ad colendum dominicum , & quot sint consuetudinariae , & utrum illae ex sui diminutione possint constituere unam carucam per annum , vel majus vel minus ? similiter inquiratur de carucis precariis . it erum inquiratur cujus aestimationis sit , quilibet per se communibus annis singillatim , deductis expensis necessariè impensis . item inquiratur cujus aestimationis sint opera & servitia rusticorum per annum quae praestantur dominis pro terris suis . item , qui , & quanti & quales sint redditus eorum in singulis maneriis per annum . ista inquisitio fiat per quatuor viros fideles & praepositos loci ex singulis maneriis religiosorum . rex interea moram in gasconia protrahens infructuosam , thesauri sui non tantum habiti , sed habendi inaestimabilem summam consumpsit . et se suumque regnum & ecclesiam anglicanam gravibus debitis irretivit : & si esset venalis gasconia , non tanti esset , ut arbitramur . et cum de morte abbatum memoratorum certificaretur , & quorundam aliorum praelatorum defunctorum , utpote episcopi eliensis , & abbatis seleby , & multorum aliorum , quorum memores non sumus in praesentiarum , bona ecclesiarum eorum jussit in fiscum redigi , et usurariis , quibus tenebatur debitis obligatus , non veritus horribilem sententiam londini latam , persolvi . nec tamen aliquatenus chartas pactas observavir . what new unheard of forgeries , and unjust devices were set on foot by the pope and his agents to oppresse the clergy of england , and involve them in bonds and debts to the pope and king , ( who served each others turns ) and that by the treachery of the bishop of hereford and other prelates , to ingratiate themselves with both , these passages fully relate . diebus autem sub eisdem , episcopus herefordensis petrus de eg●●l●●ke ( cujus memoria sulphureum foetorem exhalat ac deterrimum ) ad regem vo●●t , quem noverat totis nisibus thesauros desiderare , & eis indigere : illiusque auribus instillavit hoc virosum consilium , dicens : consenti domine mi proposito meo , & inopiam tuam non tantum relevabo , sed te faciam usque ad summam abundantiam thesauris abundare . si enim quasi ad aliquod leve negotium mihi feceris tria vel quatuor sigilla de aliquibus authenticis angliae praelatis haebere : ego nova interpretatione inducam dominum papam ( ut firmiter spero ) ad hoc , ut obligent se singuli angliae praelati , quasi coacti nolentes , ad maximam pecuniae solutionem , ut indigentiae tuae ad plenum satisfiat . et cum inclinasset cor regis ad consensum , gavisi sunt quamplurimum . et confestim transalpinavit episcopus , ut promissa effectui manciparet , adjuncto sibi quodam socio roberto videlicet walerano , ut efficacius dominum papam fascinaret . et cum romam pervenisset , invenit papam moestum & confusum , pro adversis quae ecclesiae nuper contigerunt . erat insuper tot debitis innodatus , quod audientium mentibus merito stupoporem poterant generare . quae omnia , rex angliae sub poena exhaeredationis solvere tenebatur . instabant insuper mercatores transalpini usurarii , exigentes urgentissimè & assiduè , ut persolvantur eis debita sua : quae quotidiè propter usuras , poenas , & interesse , non minima suscipiebant incrementa . et cum sic angeretur papa , respondit episcopus : sancte pater , ne sollicitetur paternitas tua de quantitate & numero debitorum , licet inaestimàbili , quia ante recessum nostrum ab anglia , dominus rex , ego & hic miles peritissimus , providimus tutam viam & certam formam , qualiter omnia sine difficultate solventur : dummodò de favore & licentia tua , liceat mihi , quae cor meum parturiunt , prosequicum effectu . dominus enim rex tibi & ecclesiae romanae devotissimus , adeò ecclesiae & viris ecclesiasticis pronus est & munificus , tot exhibens officia , tot conferens beneficia , in holosericis , aedificiis , cereis , donativis , pretiosis & variis , quod dei & omnium hominum sibi gratiam comparavit . similiter & nobilibus suis tot confert munera , interris , gardis , & redditibus , ut meritò debeat charissimus omnibus reputari . nuper per franciam transiens , tot ecclesiis cyphos argenteos , pallas , monilia , & magnatibus francorum & praelatis tot contulit donativa in vasis , annulis , zonis , & firmaculis , tàm opere quàm materia pretiosis ; ut francis suscitaret laudem & admirationem , per quod nomen anglorum famosum sydera penetravit . hinc est quod desiderant angli sitienter , & multum complaceret eis , ex praecepto tuo seipsos exinanire & gravare , & ad hoc obligare , ut cogerentur pia voluntate ipsum jam dilectum regem à debitis omnibus liberare . et ostendens literas , quas vulpina calliditate de quibusdam praelatis extorserat , & sigillis eorum consignaverat , se reddidit de praedictis commentis credibilem , & papam fallaciis proniorem . cui papa : frater & amice charissime , fac super hoc quod industria vestra quamplurimum commendamus , viderit expedire . episcopus igitur herefordensis adjunctis sibi quibusdam cardinalibus , quorum arbitrio bulla exponebatur , quorumque consilio papa praedecessoris sui praesumptuosum factum exequebatur , praelatos angliae hujus fraudis penitus ignaros ad libitum obligavit , ita graviter , ut si omnia retroacta gravamina recenserentur , hujus exactionis respectu levia possent reputari , annectens in literis quaedam mendacia manifesta . quod scilicet tenebantur praelati singuli , ad solvendum tali & tali mercatori senensi , aut florentino , tantam pecuniam ; quam mutuò , ad expedienda quaedam utiliter negotia ecclesiarum suarum , receperunt ; cum tamen nullum eorum unquam vidisset , vel cognovisset , vel de aliqua mentio pecunia facta fuisset . sin autem infra brevissimum terminum injuncta non persolverent , plenam habebant potestatem ipsi usurarii , ( quos franci bugeros vulgariter appellant ) insontes dei famulos , ecclesiae praelatos , ommmodis punire sententiis , jacturis gravibus condemnare , & angariis fatigare , sicut sequens sermo loco suo & tempore declarabit . to promote these papal frauds and other exactions . circa dies eosdem , dominus papa alexander destinavit ad partes anglicanas , magistrum rustandum legistam , natione gasconiensem , subdiaconum suum , dans domino archiepiscopo cantuariersi , & ep scopo herefordensi , & eidem rustando potestatem colligend decimam de anglia , de scotia , & de hibernia , ad opus domini papae vel regis indifferenter , non obstantibus aliquibus literis indulgentiis prius directis , sub quacunque forma verborum , vel etiam causa , pro qua concessa ●uit , vel omni quod intelligi possit obstaculo . dedit etiam eisdem dominus papa potestatem absolvendi dominum regem crucesignatum a voto suo , * ne iret in terram hierosolymitanam , ita tamen ut iret in apuliam hostiliter , ad debellandum manfredum filium frederici quondam imperatoris validum ecclesiae romanae inimicum . accepto à domino rege sacramento per episcopum bononiensem , specialiter ad hoc à domino papa destinatum , & ad investiendum aedmundum de regno siciliae , ut praedictum est . the pope having conferred sicily and apulia upon the king , to engage him against conrade and manfred , writ letters to richard earl of cornwall to lend him monies and promote an ayd to carry on that war , which the earl , nobles and prelates assembled in parliament utterly refused to lend or grant upon the popes account . anno verò sub eodem , ad festum sancti edwardi , fuerunt apud westmonasterium omnes ferè angliae magnates . inter quos prius rex alloquebatur fratrem suum comitem cornubiae richardum , petens ab eo instantissimè auxilium pecuniare . cui comiti dominus papa similiter literas deprecatorias direxerat , supplicans in quadraginta millibus , salvo fratri suo , mutuò subveniret , ut quasi dans ea eidem , pium daret aliis exemplum subveniendi . comes autem nec preces regis , nec papae voluit exaudire , & eo maximè , quod negotium eundi in apuliam assumpsit sine consilio suo & assensu baronagii su● , sibilis transalpinantium fascinatus . ab aliis autem interpellatum fuit , de subventione facienda . et responsum fuit , quod omnes tunc temporis non fuerunt juxta ●enorem magnae chartae suae vocati , & ideo sine paribus suis tunc absentibus , nullum voluerunt tunc responsum dare , vel auxilium concedere , vel praestare . rex itaque ad consuetas conversus cavillationes , ut magnates flecteret ad consensum , per multos dies negotium parliam●nt● distulit inchoati , ita ut usque in mensem , fictis occasionibus negotium protelaret . et tunc ad alium locum conciliaturos , evacuatis in civitate londinensi crumenis , potius provocavit , quam convocavit . comes verò richardus , vir cautus & circum spectus , episcopum herefordensem , & robertum walerannum socium suum , acriter & merito redarguit , eo quod tam enormiter in regni subversionem , regem infatuarent . et sic infecto negotio singuli provocati , ad propria remearunt . sciendumque quod quando dominus rex rediit de gasconia , tenebatur debito trecentarum millium marcarum & quinquaginta . nec tamen idcirco desiit inconsultè , tàm prodigialiter , quàm prodigaliter quotidiè thesaurum suum habitum & habendum alienigenis distribuere , quem anglia , quam puteum reputavit inexhaustum , fuerat ejectura . electo etenim tholet●no , redditum & thesaurum contulit non modicum . similiter & episcopo bononiensi , rustando quoque cum donativis charissimis , contulit unam opimam praebendam in ecclesia eboracensi . how much the bishop of hereford , and rustand the popes legate , abused , oppressed the religious persons and clergy of england this year , and what complaints they made against them , these passages discover . episcopus herefordensis cum suo rustando in praelatos angliae , maximè religiosos , authoritate apostolica roboratus , desaevire coepit his literis . alexander episcopus servus servorum dei , episcopo herefordensi , &c. cum te sciamus pro utilitatibus & conventus sancti — ac monasterii sancti — pro quibus ad sedem apostolicam accessisti , magna oportere subire gravamina expensarum , nepro defectu ipsarum eadem inexpedita remanere contingat , fraternitati tuae contrahendi mutuum propter hoc usque ad summam quingentarum , vel sexcentarum , vel septingentarum , vel amplius marcarum sterlingorum , nomine dictorum abbatis et conventus , et monasterii , et ipsos abbatem et conventum , ac successores eorundem , et ejusdem monasterii bona creditoribus obligandi , ac renunciandi constitutioni de duabus diaetis editae in concilio generali , & beneficio restitutionis in integrum & omnibus literis indulgentiis apostolicis impetratis , & impetrandis , necnon & conventioni judicum , si ipsorum creditorum nomine apostolicas literas super hoc cujuscunque tenoris in posterum impetrari contigerit , plenam auctoritate praesentium concedimus facultatem . ita tamen , quod ipsi & successores eorum creditoribus hujusmodi pecuniam solvere , necnon ad damna & expensas ac interesse , si à termino à te statuendo , pecuniam eandem non solverunt , super quibus juramento ipsorum vel eorum alicujus , sine aliqua probatione , qui dictam pecuniam mutuaverint , credi volumus , teneantur . et dictis creditoribus praetextu alicujus constitutionis canonicae vel civilis , aut cujuscunque privilegii vel indulgentiae , de quibus in nostris literis plenam & expressam oportet fierimeutionem . et ne ipsi successores eorum , amplius in aliquo valeant se tueri , dictam pecuniam in utilitatem ipsorum abbatiis & conventus , & monasterii versam esse , probandi necessitas non incumbat . data , &c. eodem tempore , petiit papa pecuniam sibi commodari à comite richardo , scilicet quinque millia marcarum , ad promotionem nepotis sui aedmundi . cui comes : nolo thesaurum superiori commodare , quem non possum distringere . haec et alia detestabilia , a sulphureo fonte romanae ecclesiae , proh pudor , imo et proh dolor , tunc temporis emanarunt . hereupon , rustandus tunc temporis universos aagliae praelatos convocavit auctoritate papali londinum conveniendos ; ut ibi domini papae praeceptum obedienter audirent , in quindena sancti michaelis . et de arduis tam domini regis quam papae negotiis contrectantes , tanquam filii obedientiae , discretè ac favorabiliter de rebus postulatis & postulandis responderent : ubi cùm dictis loco & tempore convenissent , lectis & intellectis rustandi potestatibus , fecit idem sermonem fieri ab vniversis , exigendo infinitam pecuniam per scripta plena injuriis et iniquitate , quae possent patientissimi cor virulenter sauciare . quae pecunia , si consideretur et colligeretur , ecclesia anglicana , imo totum regnum vilissimae subjaceret servituti , et irrestaurabili laederetur paupertate . erat autem onus importabile , quod aliis imposuit bajulandum , nolens illud digito movere . vt enim de aliis sileam , soli domui sancti albani injunxit sexcentas marcas domino papae numerare ; exceptis usuris et gravibus conditionibus , quibus ipsam domum arctarent mercatores usurarii , quibus concessa potestas ad suae voluntatis fuerit arbitrium ecclesias opprimendi . praeterea conabantur rustandus & episcopus herefordiensis , & eorum complices , terminum solutionis festinando abbreviare , sub poena suspentionis et excommunicationis . quem terminum , nullo modo tenere possent obligati . sed hoc factum est , ut cogerentur praelati mutuo accipere ipsam pecuniam a mercatoribus , et eorum usuris illico intricati subjacere . quod omnibus & singulis non tam difficile , sed impossibile videbatur . et cùm strictissimum consilium super his per plures dies haberetur , longa trahens , praecordialiter suspitia episcopus londinersis fulco , ait . antequam tantae ecclesiae consentiam servituti et injuriae , ab intolerabili oppressione profecto decapitabor . cujus constantiam cum audisset episcopus wygorniensis walterus , ait in propatulo : et ego priusquam tali subjaceat ecclesia sancta subversioni , suspendio condemnabor . quorum salubribus assertionibus omnes alii firmiter animati , constanter promiserunt se vestigia beati thomae martyris , qui pro libertate ecclesiae se permisit excerebrari , pedetentim sequuturos . attamen arctabantur undique , rex adversabatur , papa pecuniae inhians inimicabatur , magnates matri suae ecclesiae non compatiebantur . rustandus homo literatus & efficax ad nocendum stimulabat . archiepiscopus cantuariensis , qui vacillantis ecclesiae petri ac naviculae fluctuantis nauclerus esse teneretur ; in partibus transmarinis ac remotis , terrenis negotiis implicatus , gregem suum minus quam expediebat gubernavit . eboracensis archiepiscopus , vir magni consilii & profundi pectoris , in fata concessit . electus wintoniensis , tum quia pictaviensi● , tum quia frater regis persequentis , tum quia nou episcopus , suspectus habebatur , atque idcirco vitabatur . herefordensis verò episcopus non suspectus , sed manifestus adversarius habebatur . invocata igitur sancti spiritus consolatione , appellantes ad praesentiam papae , qui sinum refugii pandere habet omni oppresso , super tam intolerabili et inaudita exactione , contradixerunt voluntariis et impetuosis magistri rustandi oppressionibus et comminationibus . et illico acclamatum est londini voce praeconia , auctoritate episcopi londinensis , ne aliquis auctoritate literarum magistri rustandi placita moveret , vel exqueretur diebus pluribus . quod cum eidem rustando intimaretur , conquestus est regi gravissimè , asserens quod episcopus londinensis omnes alios praelatos animavit , ad contradicendum voluntati regiae ac papali . rex autem iratus valdè conviciabatur episcopo , asserens , quod nec ille episcopus , ne aliquis de genere ejus ipsum regem dilexisset . et quod efficaciter pro urar●t , ut papa animadverteret in ipsum et puniret . ad quod episcopus ; auferant episcopatum , quem tamen , non possunt de jure auferre , papa et rex qui me fortiores sunt . tollant mitram , galea remanebit . ipso etiam tempore instillatum est multorum auribus quoddam incredibile , quod quidem absurdum est & nefas credere , quod scilicet quidam falsarii bulla nequiter abutebantur . et scedulis vacuis , bullam appendebant ; ut quid placeret , postea inscriberetur . dicebant enim ad invicem : non placeat christo , ut dominus papa , qui proculdubio vir sanctissimus est , talibus consentiret enormitatibus , quem constat esse ad tantum apicem divinitus sublimatum ; qui fecit , quod nunquam aliquem papam fecisse meminimus , postulavit enim ab ecclesia precum devotionem sibi impendi . et quomodo credi potest , quod hic faciat pejora prioribus ? absit . et ita querentes solatium suae imperitiae et angustiae , falsariistalia deliramenta sub involucro imputabant . procurare interim summoperè nitebantur episcopus herefordensis & rustandus , & alii transalpini , suscitare schisma & divisionem inter praelatos angliae , ne concorditer cohaerentes , dominum papam in viam dirigerent veritatis ; et sic à proposito frustarentur , pecuniis inhiantes , secundum illud evangelicum : omne regnum in se divisum desolabitur . per idem tempus , dum omnium angliae praelatorum universitas iterum coram magistro rustando londini congregarentur , & nimis quotidianis deceptationibus vexarentur : tandem propter absentiam archiepiscopi cantuariensis , qui in ultramarinis partibus morabatur , & propter ecclesiam eboracensem , quae secunda est in r●gno , vacantem , & propter aliquorum episcoporum absentiam ; cepit certa responsio super postulatis à domino papa per magistrum rustandum , dilationem usque ad festum sancti hilarii , ut tunc omnes ibidem congregati , efficaciter & precisè responderent . et sic divisi , singuli post multa damna , expensas , & taedia , nescientes quid acturi forent , ad propria remearunt . sic enim sive juste , sive injuste , per dictum magistrum rustandum suspenderetur quis , vel excommunicaretur , rex quasi leo in abscondito , quaerens quem devoraret , post quadraginta dies omnia diriperet infiscata . papa et rex , velut pastor et lupus , in ovium exterminium confoederati , omnibns ruinam minabantur . ex tunc igitur quasi caeci palpantes ad parietem , divisi sunt ; & quilibet sibi consulere more anglicorum satagebat . qui si de communi assensu communem syndicum & prolocutorem ad romanum curiam destinassent , foelici pace congauderent communiter . transit igitur annus ille romanae ecclesiae , et papali curiae , si devotionem populi reputet , virulentissimus . expiravit enim , quae consuevit haberi devotio habita a praelatis et populo penes matrem nostram romanam ecclesiam , et patrem et pastorem nostrum , dominum videlicet papam . et si illa curia fideles christi multoties usque ad amaritudinem spiritus cruentaverit , nunquam tamen , sicut hoc , et sequenti anno , tam lethaliter vniversos christi servos et singulos sauciavit . coguntur enim insontes idololatrare , et quasi apostatae , veritati , quae deus , abrenunciare . et praeter hoc , quod etsi intolerabile sit , tamen tolerabilius reputatur , bonis temporalibus violenter depraedantur . quae autem inconvenientia annus iste angliae praesentavit , praesenti pagina duximus inserenda . cassantur sanctorum privilegia indulgentiae , nec reputantur , et hoc non sine injuria eorundem ; potestatem habet * papa in his quae operantur in aedificationem , non in his quae ad ruinam , secundum episcopum lincolniensem robertum . pro triennio commutatur quinquennium , in promissione decimae , subito , et tacite quia promissa sit per triennium . novum super terram , consueverunt semper laici praelatis decimare tantum , nunc praelati laicis decimare coguntur . concessa fuit decima in subsidium terrae sanctae , cogimur transferre eam in subsidium apuliae contra christianos . concessa fuit decima pro observatione chartae , quam tenere predictus rex henericus tenebatur , quae tamen non observatur . concessa fuit decima ut regi in terram sanctam peregrinanti , particulatim secundum provisionem distribueretur , non uti nunc ; de obligatione injustissime graviora subire cogimur , multipliciter mentiri , falso profecto juramento , quod caelitus prohibetur in utroque testamento . concedere cogimur terminos solutionis , quos nullo modo tenere possumus , ut incidamus in laqueos usurariorum suorum , quos socios eorum novimus , & participes . datur potestas personis prorsus indignis super nobiles ecclesias , & eorum praelatos excellentes ▪ venduntur praelati ut boves et asim , ecce ultimae conditio servitutis . ecce venditores ejiciendi a templo , flagellandi . sed quia ignobilius est facere injuriam violenter , quàm pati cum innocentia , credendum est , quod super hoc clamor ascendat quaerulus ad deum dominum ultionum . there being many suits and controversies between the archbishop of canterbury , and bishop of rochester , ( much vexed , oppressed by his power ) the king upon the bishops complaint , as supream patron and ordinary , to preserve publick peace , issued this writ to the justices itinerant , to stay all suites between them ; to summon the archbishops bayliffes , and the bishop and their witnesses before him , his nobles and council the next parliament , where he would hear and decide all differences between them by their and the justices advice . rex gilberto de preston , & sociis suis justic . proximo itineraturis in com. kanc. salutem . quia ex gravi quaerela venerabilis patris l roffensis episcopi apertius intelleximus , quod districtiones & exactiones quas ballivi venerabilis patris b. cantuariensis archiepiscopi faciunt in episcopatu roffensi , & pro juribus temporalibus quae idem archiepiscopus exigit , & idem episcopus debere fieri contradicit in episcopatu praedicto , immensa damna , homicidia et aliae transgressiones , quae sunt contra pacem nostram , accidere possunt in terra nostra , in magnum praejudicium & turbationem pacis nostrae , et grave scandalum universalis ecclesiae , maxime , si inter tales ecclesias quales sunt ▪ ecclesia cantuar. & ecclesia roffensis , quae tam ardua praeminent dignitate & authoritate talia debeant suboriri , nos volentes hujusmodi infortunatis casibus obviare nisu quo possumus ampliori , vobis mandamus firmiter injungentes , quod omnes districtiones , exactiones & contentiones ortas & existentes inter praedictos archiepiscopum & episcopum , poni faciatis in respectum usque ad festum beati edwardi proxim . futur . praefigentes tam magistro hugoni de mortuo mari , & magistro henrico de gaunt ballivis dicti archiepiscopi , quam praedicto episcopo diem illum , quod sint coram nobis apud westm . sicut eis per literas nostras mandavimus . et nos tunc per consilium dilecti fratris nostri r. com. cornub. et aliorum magnatum nostrorum qui ibidem intererint , vires et diligentiam apponemus in praemissis , ad praedicta inconvenientia praecavenda , prout utriusque pontificis commodo et honori viderimus melius convenire ; et scire faciatis dicto episcopo roffensi , quod prisones pro quibus orta est principaliter contentio praedicta , dictis die & loco coram nobis venire faciatis , & vos ipsi sitis ibidem coram nobis , ad testificandum quantum ad vos pertinet quid actum , et ad consulendum quid faciendum fuerit in praemissis . teste rege apud alnewick . . die septembris . the king by reason of his absence and business in the parts of scotland , being unable to be personally present at the feast of st. edward at westminster , which he annually celebrated , by vertue of his ecclesiastical authority , constituted several persons to solemnize this feast , and make offerings , processions , and give almes in his stead ; and commanded the parishioners of st. margaret , and the londoners to go to westminster in procession with wax tapers , and other formalities for the honour of this saint and holy day , by this writ . quia rex non est certus quod interesse possit solemnitati instantis festi beati edwardi apud westm . pro variis & urgentibus negotiis quibus intendit in partibus scotiae , mandatum est phillippo luvel , thesaurario regis & edwardo de westm . in fide & dilectione quibus regi tenentur , quod praedictum festum , una cum venerabilibus patribus sar. norwic. bathon . & cicestr . episcopis , abbatibus & prioribus vicinis , quos ad festum illud rex per literas suas invitavit , vice regis reneant , & solemniter celebrent ad custum regis , & capitagium regis & reginae & liberorum suorum , scilicet de ob . muciae nomine eorum offerri , & cruci argenteae supra magnum altare westmonast . attachiari faciant , & unam platam auri ponderis unius unciae nomine regis offerant , prout moris est in solemnitate missae praedicti edwardi , acsi rex praesens esset ibidem , & duas aulas regis westm . impleri pauperibus in dicto festo , & eos pasci faciant , sicut fieri consuevit , & processionem ecclesiae beati margar. & omnes processiones civitatis lond. cum cereis & aliis processionibus suis solemniter venire faciant usque westm . in die sancti edwardi , prout rex similiter mandavit majori et probis hominibus london . et haec & omnia alia quae viderint fore facienda ad honorem praedicti sancti , & solemnitatem festivitatis ipsius honorificè fieri faciant , prout melius & decentius nomine regis fuerit faciendum ; ita quod prudentiam suam rex merito possit commendare . teste rege apud werk . . die septemb. he likewise enjoyned all sheriffs to proclaim in cities , burroughs and market towns , that all who had crossed themselves for the holy land should meet on holy-daies and other convenient times , and learn how to use slings and march in order , and to put them under captaines , for which end the king had procured the pope to grant them . daies pardon who should obey this mandate . mandatum est singulis vicecomitibus a●gliae , quod in singulis civitatibus , burgis & aliis villis mercatori●s de balliva sua publice clamari faciant , quod omnes crucesignati diligenter addiscant trahere cum balistis , & hoc non omittant , quia dominus papa ad instantiam regis , singulis crucesignatis modum trahendi cum balistis addiscentibus xl . dies indulgentiae concessit . et omnes crucesignati civitatum , burgorum & villarum praedictarum poni faciant in constabulariis per decenas sub aliquibus capitaneis , qui eos ad trahendum modo praedicto diebus festivis & aliis diebus quibus ad hoc vacare poterunt , intendere faciant . teste &c. some servants of john baylol being excommunicated and imprisoned upon a capias excommunicatum by the bishop of durham , for entring forcibly into the church of long - neuton , other of them by way of revenge assaulted the bishop & his men with horse & armes , as they travelled by a wood , irreverently abused the bishop , & carryed four of his men prisoners to the castle of bernard , and there detained them , till the bishop should release the persons excommunicated : upon the bishops complaint of this riot and injury , the king issued this writ to iohn baylol , to release the bishops men , who was ready to absolve and deliver his ; threatning severely to punish this offence , if he did not enlarge them , and give the bishop & his servants , competent satisfaction for the injury which he neither would , nor ought to passe by without due punishment . rex dilecto & fideli suo johanni de baylol salutem . ex parte venerabilis patris w. dunolm . episcopi nobis est ostensum , quod cum homines vestri intrusissent se in ecclesiam de longe-neutun , dunelm . d●oc . & ipsam manu armata contra justitiam occupassent ; et idem episcopus homines illos ob eorum manifestam offensam et contumaciam excommunicationis sententia innodasset . et postea eos sicut moris est in regno nostro postquam in eadem sententia per xl . dies & amplius perduraverant , capi fecisset , eustachius de baylol , gocellinus frater ejus , henricus filius ranulfi & alii plures cum equis & armis , latitantes in quodam bosco in transitu praedicti episcopi & familiae suae per boscum illum emiserunt quosdam ex militibus & scutar●is suis , qui in praefatum episcopum & clericos & alios familiares suos insultum cum gladiis & aliis armis , turpiter & irreverenter fecerunt , & eos enormiter tractaverunt , & quatuor ex familiaribus suis ceperunt , & ad castrum bernardi duxerunt , & ibidem imprisonaverunt , & eos adhuc in prisona detinent , in libertatis ecclesiasticae praejudicium manifestum , et perturbationem pacis nostrae , quam praefatus episcopus habet in libertate sua regali inter tynam et teysam , eos quod praefatus episcopus dictos excommunicatos noluit ex forma ecclesiae absolute deliberare . quia vero dicta transgressio in pacis nostrae laesionem enormem redundat quam incorrectam relinquere nolumus , sicut nec debemus ; vobis mandamus firmiter injungentes , quod praedictos imprisonatos à prisona qua detinentur sine dilatione deliberari , & praefato episcopo & suis de tam enormibus excessibus & injuriis , eis per vos et vestros illatis , competentes emendas sine dilatione exhiberi faciatis , quod pro defectu vestri iterata ad nos inde querela non perveniat , per quod manum ad hoc aliter apponere debeamus . teste rege apud eborum , . die augusti . idem mandatum est eustach . de baylol : et mandatum est constabulario castri bernardi quod praedictos imprisonatos à carcere quo detinentur deliberet . teste ut supra . it seems the bishop refused to release those excommunicated persons , though they tendred good caution according to law ; whereupon the king issued this writ de cautione admittenda , commanding him to deliver them out of prison , and to receive their caution . rex tali episcopo salutem . ostensum est nobis ex parte petri le orfeure , quem ad instantiam vestram per corpus suum tanquam claves ecclesiae contemnentem praecipimus justiciari , quod licet vobis frequenter obtulerit stare mandatis ecclesiae , ut tenetur , vos tamen cautionem legitimam ab eo admittere recus●tis , quod miramur . et ideo vobis mandamus , quod hujusmodi cautione recepta , praefatum petrum à prisona liberari mandatis ; scituri quod si secus egeritis , nos quod nostrum est in hac parte exequemur . teste rege apud not. die julii . upon the complaint of the archbishop of tuam , and his suffragans , and likewise of all the other bishops and clergy of ireland , of severall grievances , oppressions suffered by them and their courts against law , and the liberties of the church of ireland , particularly related , the king issued this writ to prince edward his son then in ireland , to hear and redresse the same by advice of the judges , barons , nobles , and his counsil in ireland . rex edwardo filio suo primogenito & haeredi salutem , & paternam benedictionem . accedens nuper ad praesentiam nostram venerabilis pater f. tuamensis archiepiscopus pro se & suffraganeis suis , nec non & ex parte totius cleri hibern . una cum episcopo aland . coram nobis exposuit quaedam gravamina quibus hibernicana ecclesia graviter opprimitur , & enormiter praegravatur . adjiciens etiam , quod nisi maturis hiis apponere remedium curaremus , praedicta ecclesia suis juribus & libertatibus defraudata opprob●ose corrueret & viliter tenderet in occasum . primo quidem queritur , quod ipsi & tenentes eorum contra antiquas libertates ecclesiarum suarum trahuntur in placitum coram justic . extra suos comitatus ad alias provincias , ità per laborem nimium & expensarum defectum , litibus cedere , vel damnosas compositiones inire coguntur . secundo , quod quidem justic . vicecomites & alii ballivi nostri in loquelis coram eis motis , paciscūtur cum una parte de lucro participando , per quod altera pars citò labitur in jacturam , & jure suo legitimo defraudatur , quod quam graviter ferimus & molestè , cum non solum clericos verum etiam universalem plebem hybern . anxius angit hoc gravamen . tertio , quod fiunt frequentius attachiamenta & summonitiones in terris ipsorum sine waranto , quae pecunialiter coguntur redimere , vel laborem & taedium de com. in comitatum discurrendo subire . quarto , quod quidem barones . hybern . impediunt quo minus fideles hybernienses de bonis suis testari valeant , & quominus crucesignati votum complere valeant , vel illud redimere cum voluerint . quinto , quod burgenses & alii tenentes eorum distringuntur ad sequelas faciendas in causis non tangentibus dictos episcopos vel seipsos . et quod haec gravamina ecclesiae hybernicanae inferuntur contra jura & libertates suas quibus eadem antiquitus est gavisa . unde cum nostram deceat regiam majestatem , vestraeque conveniat , utilitati congruat & honori , jura & libertates ecclesiae defendere , & potenti patrocinio confovere , afflictisque compati , & refroenare rebelles . vobis mandamus firmiter injungentes , quod convocatis coram vobis archiepiscopis , episcopis , abbatibus , baronibus , justic . & omnibus magnatibus terrae hiberniae per consilium dilecti & fidelis nostri johannis filli galfridi justic hyberniae & aliorum discretorum de consilio vestro , necnon & de consiliò magnatum praedictorum , in praemissis apponi faciatis celeriter remedium oportunum , prout ecclesiae indemnitati , & vestrae & terrae hyberniae utilitati , & tranquillitati videritis convenire . quo decus ecclesiae crescat per vos , & vestrae novitatis principium laudis suscipiat incrementum . apposuissemus autem praemissis remedium nisi vester in hiberniam praesens fuisset accessus ; propter quod vobis & consilio vestro hoc negotium duximus totaliter committendum . teste rege apud not. tingham . . die julii . he likewise issued this further mandate to the chief justice of ireland . mandatum est johanni filio galfridi justic . hiberniae , quod aut faciat archiepiscopo tuamensi rationabile escambium de terra in com. pro villa de eandon , & ibidem firmet quoddam castrum , si sit ad profectum edwardi filii regis , prout * pridem inter ipsum johannem , & dictum archiepiscopum fuit proloquutum , vel reddat dicto archiepisco villam suam antedictam solutam & quietam . teste ut supra . he likewise issued this writ for the dean and canons of st. martyns london to respite the amerciament of all their tennants in essex , before the justices in eyre , according to their claimes . quia decanus & canonici ecclesiae sancti martini london , vendicant sibi amerciamenta hominum suorum ubicunque amerciati extiterint ; mandatum est vic. essex , quod demandam quam facit hominibus theobaldi archidiacono de leges praedictae ecclesiae de christishale de una marca , ad quàm amerciati fuerunt coram justic . ultimò itinerantibus apud chelmerford . ponat in respectum usque ad festum sancti edwardi quod erit in quindena sancti michaelis proximo futuro , ut tunc super hoc rex quod justum fuerit fieri faciat . teste rege apud not. primo die augusti . he likewise sent this precept to the sheriffe of nottingham and derby , to pay his chaplaines officiating in derby castle their wages , mandatum est rogero de lovetot . vic. com. not. & derb. quod quamdiu fuerit vic. eorundem com. singulis annis faciat habere capellanis regis ministrantibus in castro regis not. stipendia sua ad duos terminos , videlicet unam medietatem ad festum sancti michaelis , & aliam med. ad pascha . teste ut supra . the king by his ecclesiasticall perogative sent this pious writ to the cistercians , and other abbots in their general assembly , to make this special devout prayer unto god for him , his queen and children . rex abbatti cicester . & caeteris abbatibus in generali capitulo cistercien ▪ convenientibus salutem . cum regnorum gubernacula benè prosperari nequeant , nec administrari feliciter sine eo in cujus dispositione cuncta sunt regna ; per quem etiam omnia gubernantur , universitatem vestram attentius exoramus , quatenus pro statu nostro & reginae liberorumque nostrorum , devota precum suffragia suppliciter offeratis altissimo , ut actus nostros ita misericorditer ad laudem sui nominis & fidei catholicae exaltationem dirigere dignetur , quod consummatis praesentis vitae curriculis , aeternae felicitatis praemia consequamur , & vos proinde debeamus arctiori dilectionis vinculo amplexari . teste rege apud warsop . . die augusti . one ralfe de ribeford a clerk accused of robery , and delivered to his ordinary , suing michael thoni late mayor of london , in the spiritual court before the dean of the arches , ( for a defamation , ) for what he did in execution of his office as the kings officer , who ought not to be questioned in such courts for a any thing done in the execution of his office , it being to the prejudice of the kings crown and dignity , the king thereupon issued this memorable prohibition to the dean , and another to this prosecutor , not to proceed therein rex decano sanctae mariae de arcubus london . salutem . monstravit nobis michael thoni , quondam maior civitatis nostrae london . quod cum ipse radulphum de ribeford tanquam malefactorem rectatum de roberia & societate latronum , in eadem civitate secundum legem & consuetudinem regni nostri arrestari fecisset , quem etiam postmodum venerabili patri w. wygorn . episcopo , qui ipsum tanquam clericum & foro ecclesiastico liberandum petiit , secundum consuetudinem ejusdem regni à carcere & custodia nostra liberasset , idem radulphus praefatum michaelem occasione praedicta , trahit in placitum coram te in curia christianitatis . quia vero in manifestum praejudicium regni nostri , et coronae nostrae est , quod aliquis ballivus noster occasione ministerii sui , et eorum quae pro conservatione pacis nostrae et regni nostri in hujusmodi casibus secundum consuetudinem et legem praefati regni nostri fiunt , trahatur in placitum in curia christianitatis ; tibi prohibemus , ne placitum illud ulterius tenere praesumas . teste rege apud woodst . . die junii . sub eadem forma mandatum est radulpho de ribeford , ne prosequatur idem placitum in curia christianitatis . teste ut supra . per hen. de bretton . the like prohibition issued to the bishop of worcester , who sued the sheriff of worcester and his bayliffs in his court christian , for levying the debts due to the king and himself upon some of the bishops tenants . rex w. wygorn . episcopo , salutem . monstravit nobis dilectus & fidelis noster willielmus de bello campo , vic. noster wygorn . quod cum robertus de wikeman clericus suus , & quidam alii ballivi & ministri nostri ex officio suo , secundum consuetudinem regni nostri , facerent districtionem quibusdam hominibus ecclesiae vestrae pro debitis nostris , & debitis ad ipsum vic. ratione ballivae suae spectantibus , & alia exequerentur quae ad officium ejusdem vic. pertinent , vos ea occasione , et etiam eo quod extractae rotulorum et brevium vobis non liberantur modo quo petitis , clericum et ballivos praedictos trahitis inde in placitum in curia christianitatis . quia vero manifeste est contra coronam et dignitatem nostram , quod hujusmodi occasione trahatur aliquis ballivus noster in placitum in curia christianitatis , cum ad nos pertineat correctiones transgressionum , et delictorum suorum , et prompti simus et parati vobis in curia nostra iustitiae complementum exhibere de praedictis ballivis , si qua contra libertatem ecclesiae vestrae attemptaverint : vobis firmiter inhibemus in curia christianitatis super praemissis ulterius procedatis , ab injusta vexatione et molestatione praedicti vic. clericorum , ballivorum suorum a modo desistentes . teste rege apud westm . ▪ die octobris . per henr. de bathon . & henr. de mare . such were the bold encroachments of the bishops , deans , chapters , and their officers then , as to draw most temporal officers into their courts , and there vex and excommunicate them , for executing their offices upon any clerk , prelate , or their tenants , tenements ; and to hold plea of lands and goods , not belonging to their jurisdiction , but the kings courts ; and invade the rights of the kings crown , the kingdoms and subjects liberties in sundry particulars , in a very high degree ; which intollerable grievances , in high affront to the kings crown and dignity , obstructing the execution of publick justice , tending to make prelates , clergymen lawlesse , and all laymen meer slaves to their lordly wills , and exorbitant courts , these prohibitions timely prevented , and checked in some measure ; witnesse this memorable complaint of the mayor and citizens of york , against the dean and chapter of st. peters of york , and this memorable prohibition issued thereupon , wherein their intollerable usurpations in sundry kinds upon the kings rights , royal authority , officers , courts , and proud presumption in excommunicating the mayor and citizens , tendring an illegal oath unto them de parendo jure ecclesiastico , are particularly recited , severely prohibited ; and their obstinate contemptuous persisting in these their usurpations and extravagancies , notwithstanding the kings prohibitions , fully displayed . rex decano & capitulo sancti petri eborum , salutem . ex querelis majoris & civium nostrorum eborum frequenter intelleximus , quod usurpastis vobis placita de laicis feodis , et de catallis et debitis quae non sunt de testamento vel matrimonio , et alia jura et libertates in praedicta civitate ad majorem et ballivos nostros ejusdem civitatis spectantes : nec permittitis custodes mensurarum nostrarum in eadem civitate probare mensuras in terris quas dicitis esse vestras , nec eas signo nostro signare , sed signo adulterino eas facitis signari . item non permittitis eosdem cives capere nomina hominum vestrorum pro debitis suis , secundum tenorem chartae nostrae quam inde habent , in qua nec homines vestri , nec alii excipiuntur . item appropriastis vobis homines nostros , et omnia placita eorum tenetis in curia vestra , vi excommunicationis , ratione terrarum in quibus manent ; nec permittitis ballivos nostros praedictae civitatis ingredi terras quas dicitis esse vestras , licet non sint , ad debita nostra levanda , nec ad latrones seu malefactores capiendos vel arrestandos , sed si terras vestras ad hoc sine licentia vestra ingrediantur , vel gravaminibus praedictis , pro jure nostro salvando se opposuerint , statim in eos assensu nostro irrequisito , de emendis faciendis sententiam excommunicationis promulgari facitis , ( the popes , prelates , clergy-mens grand , intollerably prophaned , abused engine , to oppresse , vex , suppresse , enslave both emperors , kings , kingdoms , subjects of all sorts , and wreck their malice or revenge upon them : ) nec eam pro aliquo mandato nostro relaxare curatis , nisi praestito sacramento de parendo jure ecclesiastico , ( an abuse , usurpation since practised by such courts , persons , to the subjects grand oppression ) cum igitur praemissa in jurium nostrorum praejudicium non modicum , et dignitatis regiae maximam cedant laesionem , ( let all prelates , persons guilty of such exorbitances well observe it ) et per literas nostras frequenter requisiti fueritis , quod ab hujusmodi exactionibus et usurpationibus desisteritis ; vos iterato monendos duximus , et exortandos mandantes , quatenus majorem et ballivos et cives praedictos , imo nos juribus et libertatibus prius usitatis in civitate praedicta gaudere pacifice permittentes , de caetero nihil attemptetis , quod in jurium nostrorum cedat praejudicium , sententiam excommunicationis si quam in ballivos vel cives praedictos occasione praedicta promulgari feceritis , sine dilatione revocantes : scituri indubitanter , quod nisi feceritis , diutius sustinere non poterimus , sicut nec debemus ; quin de tantis excessibus et injuriis nobis illatis , quae non solum in exhaeredationem nostram , sed etiam in dedecus nostrum et opprobrium redundant , ( mark it well ) gravissimam vindictam qualem debebimus capiemus : ( a just , royal , heroick , necessary resolution . ) injunximus etiam majori et ballivis praedictis , quod jura et libertates nostras illaesas pro posse suo conservent , et firmiter ex parte nostra * inhiberi faciant , ne aliqui de civitate praedicta coram vobis compareant in curia vestra , ad respondendum de aliquibus pertinentibus ad coronam et dignitatem nostram . teste rege apud westm . die februarii . eodem modo mandatum est abbati sanctae mariae eborum , & priori sanctae trinitatis , & magistro hospitalis sancti leonardi eborum , eo excepto , quod in literis istis nulla fit mentio de sententia excommunicationis lata in majorem , cives & ballivos ejusdem civitatis . nec quod praedicti abbas , prior & magister alias requisiti fuerint per literas regis , quod ab hujusmodi exactionibus desisterent . teste ut supra . those prohibitions were seconded with these ensuing of like nature , upon the complaints of particular persons unjustly prosecuted in the courts christian at york , for chattels and debts , not in cases of matrimony or testament , to the prejudice of the kings crown and dignity . rex decano & * praeceptori s. petri eborum , & eorum commissariis , salutem . prohibemus vobis ne teneatis placitum in curia christianitatis de catallis vel debitis unde walterus de rudham clericus , sicut ex relatu quorundam fidelium nostrorum intelleximus , trahitur in placitum coram vobis in curia christianitatis authoritate literarum domini papae , per abbatem et conventum de fontibus , nisi catalla illa vel debita sint de testamento vel matrimonio , quia placita de catallis et debitis quae non sunt de testamento vel matrimonio , spectant ad coronam et dignitatem nostram : inhibuimus etiam praedicto waltero ne in curia christianitatis super hujusmodi catallis vel debitis examen ecclesiasticum in juris et dignitatis regiae praejudicium aliquatenus subire praesumat . eodem modo scribitur abbati & conventui de fontibus . by which several writs it is most apparent , that there was a strong combination and endeavour at this time between the bishops , abbots , deans , chapters , and others who had ecclesiastical courts and jurisdiction , and the court of rome , to usurpe and engrosse the cognisance of most temporal causes concerning lands or goods ( especially of clergymen and religious persons ) into their own hands , and to trample the kings temporal courts , officers , crown , dignity , and lay-subjects under their feet ; which they unanimously and strenuously opposed , and endeavoured to prevent by the precedent , and these subsequent prohibitions to them , in the case of the monks of winton , who suing the bishop elect of winton in the court of rome , and before the popes delegates , touching the propriety of the mannour of taunton , and other lands held immediately of the king , moving from him , and part of the barony of the bishop , to the prejudice of the kings crown and dignity , whereof neither the pope nor any court christian had or ought to have any cognisance or jurisdiction , but only himself and his own courts , the king thereupon issued this memorable prohibition to the bishop , not to appear or answer to any such suit before the pope , or in any court christian , under pain of seising his temporalties , being contrary to his oath of fealty to the king , and to the prejudice both of his crown and realm . rex a. winton . electo , salutem . intelleximus ex relatu quorundam fidelium nostrorum , quod monachi winton . vos super manerio de taunton , & quibusdam aliis quae de nobis immediatè tenetis , & quae à nobis indubitanter movere noscuntur , coram domino papa vel auditoribus suis in curia romana trahunt in causam , et super proprietate maneriorum ipsorum sibi cum instantia a vobis postulant responderi . quia vero ad nos tanquam ad dominum principalem cognitio praedictorum , sicut et aliorum feodalium regni nostri , indubitanter noscitur pertinere , vobis sub debito fidelitatis in qua nobis tenemini , et sub poena animadversionis debitae et condignae , in temporalia et feodalia quae de nobis tenetis , districtius inhibemus , ne de praedictis in foro ecclesiastico , seu coram alio quam coram nobis , in nostrum et regni nostri praejudicium et gravamen , aliquatenus respondere praesumatis , praesertim cum hoc sine transgressione iuramenti quo nobis tenemini facere non possitis , sicut nec debetis : pro certo tenentes , quod si secus egeritis , omittere nec volumus nec valemus , quin nos ad temporalia et feodalia vestra secundum legem et consuetudinem regni nostri capiemus . in cujus , &c. teste rege apud novum castrum super tynam , die augusti . the king being further informed , that the monks of winton in this suit between the bishop and them , had procured a sequestration of the temporal goods belonging to the priory , to the abbots of stafford and boxley , towards the satisfaction of the debts of the priory , and expenses of the monks in this suit , which they intended to execute in derogation of the rights of his crown , and contrary to the law and custom of the realm , issued this prohibition to them , not to proceed therein under pain of seising their temporalties . rex abbatibus de stafford & de boxlegh cisterciensis ordinis , salutem . intelleximus & miramur plurimum et movemur , quod in causa quae vertitur inter venerabilem patrem electum winton . ex una parte , & monachos loci ejusdem ex altera , dominus papa , non intelligens nec advertens qualiter et quantum negotium hujusmodi nos tangebat , in nostrum praejudicium et gravamen ordinat vel ordinare proponit , quod facta sequestratione bonorum temporalium ad prioratum ecclesiae winton . spectantium , vobis eorundem bonorum custodia assignetur , de quibus secundum quod fieri poterit , fiat solutio debitorum , et provideatur monachis hinc inde sibi adversantibus in expensis , sicque durante sequestratione hujusmodi , prior ibi non existeret qui possessionem temporalium obtineret . cum autem prior winton . in curia nostra certis temporibus satisfacere , et multa nobis alia consueta servitia exhibere , et coram nobis et iustitiariis nostris respondere omnibus de se conquerentibus teneatur , nec ad haec de consuetudine regni nostri inviolabiliter hactenus observata , procuratorem vel atoruatum possit constituere loco suo , nisi praesens in curia ipsum constitueret viva voce , et quociens in aliquo praedictorum defecerit in amerciamentum nostrum incidat , et nobis debeat propter hoc certam pecuniae quantitatem , per ordinationem et sequestrationem hujusmodi , cum non esset qui praedicta faceret , nos debitis consuetudinibus et servitiis contingeret defraudari . praeterea cum bona temporalia prioratus praedicti , de baronia nostra esse et a nobis teneri noscantur , et non existente ibi priore ad episcopum winton . vel si episcopus ibi non existeret , ad nos bonorum custodia pertineat eorundem , dominus papa de bonis ipsis quae de baronia nostra existunt , nobis irrequisitis in nostrum praejudicium nihil potuit aut debuit ordinare . nec aliquid sine dubio , ut credimus , ordinasset si veritatem super hoc cognovisset , cum nullus alius , ubi nos maxime in justitiam non desicimus , judicare vel ordinare habeat de eisdem . vnde vobis mandamus prout districtius possumus inhibendo , quatenus si literas forte super hoc receperitis , vos de bonis praedictis donec saltem dominum papam super hoc consulueritis , nullatenus intromittere praesumatis : pro certo tenentes , quod si secus egeritis , in omnibus et singulis consuetudinibus , juribus et servitiis a priore winton . nobis debitis quibus propter hoc nos defraudari continget , habebimus quantum districte poterimus , ad vos et bona vestra recursum , et vobis super hiis in aliquo non parcemus . teste rege apud woodst . die junii . he likewise as supreme ordinary and patron of the monastery , to preserve it from ruine , issued this writ to all merchants , citizens and others , not to lend the monks any money upon their common seal , in defence of the prior justly removed , or on any other occasion . rex universis mercatoribus , civibus , & aliis christi fidelibus , salutem . ad universitatem vestram volumus pervenire , & omnibus fieri manifestum , quod monachi cathedralis ecclesiae winton . modum expensis superfluis non ponentes , & fines largitatis excedentes , terminos prodigalitatis appetentes tantis ecclesiam suam debitis obligaverunt diversis creditoribus , quod vix speratur , istis temporibus posse ab hujusmodi debitorum onere sublevari . nos igitur , licet obstandum fuisset principiis ne scintilla tenuis in flammam prosiliret , destructivam tamen dum scimus rei seriem , et possumus , quamvis tarde , eidem ecclesiae compatientes , et merito cum nostra intersit , cum ejus patroni simus , et nostri antecessores fundatores , ne nostris temporibus gravem sui jacturam patiatur , et ipsis mobilia et immobilia ad pios usus a diversis concessa fidelibus ob culpam eorundem monachorum propter aes alienum necessario distrahantur , vobis omnibus praedicta publice nunciamus . contradicentes et inhibentes , ne monachis ejusdem ecclesiae , vel willielmo de taunton , qui juste ab administratione prioratus ejusdem ecclesiae est amotus , si pro priore se gerit , aliquid mutuo sub sigillo ejusdem capituli , vel alio modo concedatis . si vero contra hanc inhibitionem nostram feceritis , hoc ipso nostram regiam majestatem offenderitis , et vobis in repetitione pecuniae eisdem creditae quibuscunque modis poterimus opponemus , et etiam in aliis si locus affuerit , vobis utpote nostro edicto et voluntati contrariis , curabimus ut decebit , pro meritis respondere . teste rege apud westm . die februarii . the king as founder of the new priory of ravenstone presented thereunto , and constituted a proctor to see it effected , by this patent . rex h. lincolniensi episcopo , salutem . cum ad prioratum quem nuper incepimus fundare apud ravenstone , fratrem willielmum de divisis , virum vita & moribus commendabilem , vobis praesentaverimus , nos magistrum johannem de chisehull ad praesens negotium procurandum & prosequendum procuratorem nostrum constituimus . dante 's eidem potestatem appellandi & prosequendi nomine nostro si opus fuerit , & omnia alia facienda quae in praesentis negotii prosecutione sibi visum fuerit expedire . teste rege apud werk , die septembris . the king as supreme patron , ordinary , and by custome of the realm , claimed the palfrye and cup of every bishop or abbot that was translated or deceased , as is evident by this memorable writ issued to the abbot of oseney , demanding the palfrye and cup of his predecessor to be presently delivered to the king , or to shew cause to the contrary . rex abbati de oseneye , salutem . cum ex consuetudine approbata & obtenta habere consueverimus palefridos & cuppa● episcoporum & abbatum regni cedentium & decedentium : vobis mandamus sicut alias mandavimus , quod palefridum & cuppam adae abbatis praedecessoris vestri , nobis sine dilatione mittatis . alioquin sitis coram nobis in instanti media quadragesima , ubicunque fuerimus in anglia , ostensuri , si quod warrantum habeatis , quare palefridum illum & cuppam habere non debeamus . quia consuetudinem nostram in hac parte obtentam nullo modo sine ratione demittemus . teste rege apud westm . . die febr. you heard before ( p. , . ) of the popes proffer of the kingdom of apulia to our king henry and his son edward , which he commanded the bishop of hereford and other clergymen to accept of under their seals , ( thereby to engage them to supply him with monies to gain it , and carry on the wars against conrade and manfred ) as appears by this patent . rex johanni mansell praeposito beverl . salutem . cum dominus papa regnum apuliae nobis & dilecto filio nostro edmundo duxerit concedendum , & conferendum , quod per venerabilem patrem herefordensem episcopum , duximus admittendum : vobis mandamus in fide & dilectione quibus nobis tenemini , & sicut commodum & honorem nostrum & nostrorum affectatis , & sicut indignationem nostram & nostrorum in perpetuum vitare volueritis , illud una cum aliis fidelibus nostris acceptetis , & rescripto super ipsa acceptatione confecto sigillum vestrum , una cum sigillis quorundam aliorum fidelium nostrorum , qui dictam admissionem similiter acceptarunt , apponatis . in cujus , &c. teste rege apud westmonasterium , die octobris . the king to promote the businesse of the croysado , under pretext to raise monies to relieve the holy land , but in truth to fill the popes coffers , and gain the realm of apulia and sicily , which he had ( without right or title ) conferred on him and his son , issued this patent to the provincials of the freers preachers and minors , entreating them to further this affair . rex rogat per literas suas priorem provincialem fratrum praedicatorum , quod in instanti capitulo suo provinciali disponat de fratribus , ad praedicandum verbum crucis ( instead of the gospel of christ ) in singulis diocaesibus , cum per venerabilem patrem norwicen . episcopum negotii crucis exequutorem , super hoc fuerit requisitus . teste rege apud novum castrum super tynam , . die augusti . et eodem modo rogat ministrum generalem ordinis fratrum minorum . teste ut supra . yet notwithstanding he respited the levying of this disme upon the priors and rectors of the hospitals of the poor people and religious persons within the diocess of winton , till the next parliament , by this patent . rex norwicen . & cicesteren . episcopis , & abbati westm . executoribus negotii crucis in subsidium sibi à sede apostolica concessum , & eorum commissariis , salutem . mandamus vobis , quod priores & rectores pauperum hospitalium , aliosque pauperes viros religiosos winton . dioc. pacem habere permittatis de omnibus demandis quas eis facitis occasione praefatae gratiae nobis concessae usque ad parliamentum nostrum quod erit apud westmonasterium à die pasch prox . futur . in tres septiman . in cujus &c. teste rege apud westm. . die febr. he likewise respited the levying of this disme , upon a clerk then treasurer to the queen , by this mandate . mandatum est w. norwic. episcopo collectori gratiae regi in subsidium terrae sanctae à sede apostolica concessae , quod exactionem praedictae gratiae quam facit magistro jacobo d● egga alba thes . reginae de proventibus ecclesiae sancti michaelis super wyram . quae est in custodia p. hereford . episcopi , qui est in servitio regis , & in partibus transmarims , ponat in respectum quousque rex cum praedict . norwic. episcopo super hoc , — vel aliud à rege receperit mandatum . teste ut supra . the king by his royall prerogative granted this protection to the church of st. martyns the grand in london , being his free chapple . rex omnibus &c. quia ecclesia sancti martini magni london . quae a praedecessoribus nostris regibus angliae fundata est , libera cappella nostra est , et liberior caeteris capellis nostris angliae , suscepimus in protectionem et defensionem nostram homines , terras , redditus et omnes possessiones decani capituli ec canonicorum ecclesiae praedictae . et ideo vobis mandamus , quod manuteneatis , protegatis , & defendatis homines , terras res , redditus & omnes possessiones praedictorum decani & capituli & canonicorum , non inferentes eis aut inferri permittentes injuriam , molestiam , damnum aut gravamen . et liquid eis forisfactum fuerit , id eis sine dilatione faciatis emendari . in cujus &c. teste rege apud westm . . die februarii . there being many jewish converts in england , for whom the king by reason of his wars had not provided sufficient maintenance , he thereupon out of his christian care to support them , issued these ensuing writs to the abbots , priors and covents of most religious houses through england , to intertain and receive one or more of them for two years , and to allow them a daily pension or conrody not exceeding such a sum ; wherein the names of each male and female jewish convert sent to every house are thus recorded in the fine rolls of this year . rex priori & conventui sanctae mariae de walsingham salutem . cum per guerra nostra quàm nuper sustinuimus , in wascon . & aliis arduis negotiis , statum nostrum & regni nostri tangentibus , de statu conversorum adhuc plene ordinare non possumus , devotionem vestram rogamus attente , quatinus latorem praesentium adhuc per biennium , in victualibus et aliis necessariis exhibere velitis . ita tamen , quod si liberatione sua diurna noluerit esse contentus , tunc in optione vestra sit conferendi ei tres obolos per diem tantum ad sustentationem suam . nullam super hac petitione nostra praetendentes excusationem pro qua vos debeamus alias inde solicitare . quia volumus modis omnibus preces nostras in hac parte a vobis eraudiri . quibus exauditis , in negotiis vestris gratiam & favorem a nobis obtinebitis cum speciali gratiarum actione ; rescribentes nobis per unum de vestris qualiter has preces nostras duxeritis exaudire . teste apud merton . die janwar . consimiles literas habet willielmus de kanc. abbati & conventui de bello . marger . conversa , abbati & conventui de waltham . joeca de hingeshay , abbatissae & conventui de godestow . elena conversa , abbati & convetui de bruera . robertus grosteste , conversus priori sancti swithini winton . hen. clericus , conversus magistro & fratribus hospital oxon. mabilla conversa , priori & conventui sancti gregorii cantuar. otto conversus , priori & conventui de bernwell . johannes conversus , priori & conventui roff. willielmus de wygorn . conversus priori & conventui wygorn . richus conversus , priori & conventui sanctae frecheswith . johannes conversus , abbati & conventui de fontibus . robertus conversus , abbati & conventui de bellaland . memoratum quod rex concessit abbati & conventui de certeseye , ne aliquis conversus vel conversi admittatur in domo sua . willielmus de cantuar. & johanni fil . ejus abbati & conventui de stanley in wilts . robertus windour . & jsabell uxor ejus , abbati & conventui de dore. dionysia uxor otton . & fil . ejus priori & conventui huntendon . rich. de dunton , & riohold . uxor ejus abbati & conventui de buldewas . augustinus de london , conversus abbati & conventui de boxele . robertus & hugo filii rithardi conversi abbati & conventui de boxcle . johannes de plessetis abbati & conventui de roches . galfridus conversus priori & conventui ley. rich. fil . galfrid . conversi abbati & conventui de rival . hodierna filia willielmi conversi priori & conventui de farnley . priori & conventui de horton pro matilda uxore roberti grosseteste conversi & johanne filio ejus . priori & conventui de wenlock pro johan . de hereford . & matt. uxor ejus , conversis abbati & conventui de paro lude pro rogero de linc. conversi . maria de linc. conversa & fil ejus , abbati & conventui de kirk stead . christiana de glouc. conversa priori & conventui sancti oswaldi . hugo fil . philippi conversus , priori & conventui sanctae fidis . constantia . conversa , abbati & conventui de rading . johannes de lamburne conversus abbati & conventui de waleden . richus conversus & martha uxori ejus abbati & conventui de abbandon . johannes mansel conversus priori & conventui de lewes . richus de sancta swithin & matild . uxor ejus abbati & conventui colecestr . thomas de exon conversus abbati & conventui sancti edmundi . mattheus conversus & tecla uxor ejus priori & conventui norwic. richus de wygorn . conversus abbati & conventui glaston . johanna fil . richardi conversi priorissae & conventui de stratford . muriel conversa , abbati & conventui de pipewel . richus conversus abbati & conventui osolveston . johannes & odierna filii will. conversi priori & conventui de thorinton . henr. & hawis . fil . rich. conversi abbati & conventui sancti aug. bristol . helewis fil . muriel , conversus abbati & conventui de begeham . dionisia fil . johan . mansel . conversi priori & conventui de michelham . richus fil galfridi , conversi abbati & conventui de la dale . gilbertus le deboner . conversus priori & conventui de bathon . philippus conversus priori & conventui de monteacuto . thomas conversus , abbati & conventui de beland . richus de stamford . priori & conventui de selford . stephanus & galf. sancti thomae conversi abbati & conventui de coggeshal . dyonis . & julian fil . ejus priori & conventui de bosegrave . thom. conversus & juliana uxor ejus abbati & conventui de dunkwel . stephanus fil . thom. conversi abbati & conventui de tiletey . christiana uxor ejus conversa abbati & conventui de malmbur . susanna quae fuit uxor , johannis de lincoln . abbati & conventui ramm●s . sybilla conversa priori & conventui de wyrksop . juliana de nottingh . conversa abbati & conventui de neusom . petrus fil . will. conversi abbati & conventui de welebeek . priori & conventui sanctae trinitatis eborum pro matil de linc. conversa . galfr. de hereford . & alic. uxor ejus apud sunieshevet . these religious houses had generally so little charity and dovotion towards these converted jews as not to entertain them upon the kings former writs and entreaties ; who much wondring at it , issued these second letters to them on their behalfes , thus registred in the fine rolls . rex abbati & conventui de abendon salutem . cum preces nostras nuper vobis directas pro richardo converso & martia uxore ejus per biennium in necessariis exhibend . nobis existentibus in anglia , minime curavistis exaudire , unde plurimum miramur et movemur , praesumentes ex hoc indubitanter , quod si absentes essemus et in partibus transmarinis eaedem preces nostrae parum vel nullum penes vos obtinerent effectum , maxime cum in praesentia nostra illas admittere recusaveritis ; volentes autem adhuc experiri si erga devotionem vestram in hac parte exaudiri vel repulsam pati debeamus pro eisdem conversis , iterato vos durimus solicitandos , rogantes quatinus juxta tenorem priorum liberarum nostrarum vobis inde directarum in necessariis exhibere velitis , taliter in hac parte preces nostras effectui mancipantes , quod dilatio praecedens per effectum subsequentem penitus expietur , et quod a summo remuneratore dignam inde remunerationem et a nobis grates reportare mereamini . teste rege apud westm . . die f. bruarii ▪ consimiles literas habet matill ▪ de oxonia , abbati & conventui de oseni ▪ willus conversus abbati & conventui de bello . m●bell conversa priori & conventui sancti grigor . cantuar. henricus le clerk , conversus magistro hospital . sancti johannis oxon. robertus grosetest conversus priori sancti swithini winton . philippus conversus priori sanctae mar. de walsingham . ochi● conversus priori & conventui de bernewel . juliana uxor rogeri conversi & duae filiae suae abbatissae & conventui de ann●st●w . philippus conversus priori & conventui de monte●cuto . jsalell conversa abbati & conventui de dore. richolda conversa abbati & conventui de beldewas . thomas de sancto laur. conversus abbati & conventui de cumba . christiana de winton . conversa priori & conventui sancti bartholomai . london . willus de cantuar. & johannes fil . ejus abbati & conventui de stanleg . in wiltes . abbati & conventui de rupe pro johannes de plessetis converso . abbati & conventui de kirk●st . pro mar. de linc. & fil . ejus . richus fil . galf. conversus apud tukebir . willus de cantuar. conversus apud l●nynton , robertus grosseteste , priori sancti swithini winton . galf. conversus priori & conventui leycestr . richus de wygorn . conversus abbati & conventui de glaston . johannes mansel , priori & conventui de lewis . muriel conversa abbati & conventui de pipewell . helewisa fil . muriel , conversa abbati & conventui de bogeham . windour . & isabel . uxor ejus abbati & conventui de dore , dyonisia uxor otton . & fil . ejus priori & conventui huntend . richus de punton . & richalda uxor ejus abbati & conventui de buledewas . symon . fil . isabel . & sibil . soror ejus abbati & conventui de flaxele . joh. de hodiern . pueri will. conversi priori & conventui de thornton . henricus & hawis conversi abbati & conventui sancti aug. bristol . willus conversus priori & conventui de wygorn . dionis . & fil . ejus conversa priori & conventui de bosgrave . dionisia fil . johannes conversi priori & conventui de michelham . richus conversus priori & conventui de selford . christiana de glou● . priori sancti oswaldi . de conversis iterato missis abbatiis , & prioratibus in quibus prius morati snnt ad instantiam regis . alicia conversa priori & conventui de surgeston . willus conversus fr. galfr. conversi priori & conventui dunolm . willus de north. conversus priori & conventui de benner . robertus fil . galfr. conversus abbati & conventui de gerewedon . richus de london . conversus abbati & conventui de mirevall . drogo conversus abbati & conventui de stanlegh in arden . laur. conversus uxor ejus & fil . ejus hosp . sancti leon. ebor. alic. de linc. conversa apud dunestaple . susanna apud rammes . ad vitam suam . johan . de cantuar. conversus apud roffam . walterus fil . muriel & helewisa , soror ejus abbati & conventui de topham . muriel & johunnes fil . ejus priori & conventui de kynes . cecilia uxor will. conversi abbati & conventui de flexl . johannes & odierna , conversi priori & conventui de trenth . willus de cantuar. conversus abbati & conventui de crokesden . posteà habuit secundum breve . aug. fil . will. de north. conversus priori & conventui sancti barth . linc. willus de north. abbati & conventui de valle dei. johannes clericus conversus abbati & conventui de bello capite . agnes conversa abbati & conventui de sautre . heur . de ebor. conversus priori de tinemuth . sibilla . de cestene sham , & agu. fil . ejus apud messenden : johan . de oxon. conversa abbati & conventui de middleton . postea habuit secundum breve . jsabella de london , conversa abbati & conventui de abbodesbr . edith de glouc. conversa apud parvam mauverne . johannis de derlinton . conversus abbati de derleg . matil. uxor roberti crosscoate conversa & johanni fil . ejus abbati de hyda . de conversis missis per abbatias . thom. de north. conversus abbati & conventui de holcoliram . petronilla de eborum priori & conventui de hex stilde sham . rhicus de kanc. conversus priori & conventui bathon . johan . fil . walteri conversus priori & conventui de encresay . johan . de sancto albano conversus abbati & conventui de ouburn . sabina conversa uxor johannis de sancto albano abbati & conventui de kings-wood . johan . de london . conversa abbati & conventui de eynsham . claramunda conversa abbati & conventui de alnestow . johan . de sutton . conversus priori & conventui de daventr . johan . de north. conversus & mabel uxor ejus abbati de sancta agatha . will. conversus & jul. soror ejus priori de kirkhaem . petronilla de eborum priori de bolinton . de conversis missis ad domos religiosorum per primum breve , & qui habent talem cyphram o , in capite habent utrumque breve , & forma brevium poterit inveniri in principio hujus rotuli finium . hen. . willus de kanc. conversus abbati de bello . margeria conversa abbati de waltham . joeta de hyngesby conversi abbatissae de godestow . elena . conversa abbati de bruer . robertus grosseteste conversus priori sancti swithin wint. hen. cloricus conversa hosp. sancti johannes oxon. mabil . conversa priori sancti gregor . cantuar. otto conversus priori de bernwell . johannes de cant. conversus priori roffen . willus de wygorn . conversus priori wygorn . richardus conversus priori sanctae frecheswyd . johannes conversus abbati de fontibus . robertus conversus abbati de bella landa . willus de cantuar. & johannes filius ejus conversus abbati de stanleg . in witesyr . robertus de wyndevur & isabella uxor ejus priori & conventui de bridlington . dionys . uxor othonis & fil . ejus conversus priori de huntedon . richardus de dunton & richold . uxor ejus conversus abbatide buldewas . augustinus de london conversus abbati de boxlegg : johannes de cantuar. conversus . johannes de plessetis conversus abbati de roches . galfridus conversus priori de leyc . richus fil . galfridi conversus abbati de ryvaus . hodiern . fil . willielmi con. priori de pharlegg . johannes de hereford & matild . uxor ejus conversus priori de wenlock . rogerus de linc. conversus abbati de parcolud . mariae de linc. & fil . ejus conversa abbati de kirkstead . christina de glovernia conversa priori sancti oswaldi . hug. fil . philippi conversus priori sanctae fidis . constanc . converi . abbati de redigg . johannes de lamburne conversus abbati de waleden . richardus & martha uxor conversi abbati de abbaden . johannes mansell conversus priori de lewes . richardus de sancto swithino conversus , & matild . uxor ejus conversa abbati de colecestr . thomas de oxon. conversus abbati sancti edmundi . matthaeus & tecla uxor ejus conversi priori de norwic. richardus de wygorn . conversus abbati de glassingbyr . johanna fil . richardi conversa priorissae de sacford . muriell conversa abbati de pypewell . richardus conversus abbati de oson feston . johannes & hodiern . fil . willielmi conversi priori de thornthou . henr. de hawys fil . richardi conversus abbati sancti augustini bryston . helewys fil . muriell conversus abbati de begeh . dionys . fil . johannis mansell conversus priori de mychbelh . richardus fil . galfridi conversus abbati de la dale . gilbertus de la boneyr conversus priori de bathon . philippus conversus priori de monte acuto . thomas conversus abbati de beland . richardus de stau●ford conversus priori de selford . stephanus & galfridus fil . thom. conversi abbati de coggesh . dionys . & julian fil . ejus conversi priori de bosegrave . thom. & julian uxor ejus conversi abbati de dunkwell . stephanus fil . thom. conversus abbati de tyletteyl . christiana conversa uxor willielmi le serjeant abbati de malmsbyr . susanna quae fuit uxor johannis de linc. conversa abbati de rames . sibilla conversa priori de wyrcsop . juliana de notingh . conversa abbati de newson . petrus fil . willielmi conversus abbati de wellebeck . matilda de linc. conversa priori sanctae trinitatis eborac . galfridus de hereford & alic. uxor ejus conversi priori de swynesheved . alic. conversa priori de surgurston . willus conversus fratr . galfridi conversi priori dunolm . willus de northampton priori de benver . robertus fil . galfridi conversus abbati de gerwedon . richardus de london conversus abbati de muryvall . drogo conversus abbati de stanlegg in ardern . laurentius conversus , uxor & filius ejus conversi hospital . sancti leonard . ebora● . alic. de linc. conversa priori de dunstaple . walterus fil . muriell & helewys soror ejus conversi abbati de thoph . muriell & johannes filius ejus conversi priori de kines . cecilia uxor willielmi conversa abbati de flexleg . johannes & hodiern . conversi priori de french. willus de cantuar. conversus abbati de crokesden . agnes fil . willielmi de northant conversa priori sancti bartholomaei linc. willus de northant conversus abbati de valle dei. johannes clericus conversus abbati de bello capite . agnes conversa abbati de sautre . henr. de ebor. conversus priori de tymenue . sibill. de chestnesh & aug. fil . ejus conversi abbati de messenden . johanna de oxon. conversa abbati de middleton . isabella de lond. conversa abbati de abbodesbyr . edyth . de gloucestr . conversa priori de parva malvern . johannes de derlington conversus abbati de derl●g . matild . uxor roberti grosseteste , & johan . fil . ejus conversi abbati de hyde . thomas de northampton conversus abbati de holcoltr . petronill de eborac . conversa priori de hexstrildesh . * — de cantuar. conversus priori bath●n . — fil . walteri conversus priori eucreasy . — de sancto albano conversus abbati de woburne . — com . uxor praedicti johannis abbati de kingswode . — de london conversus abbati eynsh . claramunda conversa abbati de johan . de su●thon , conversus priori de daventr . — & mabill . uxor ejus conversa abbati de sancta agatha . — uxor ejus conversi priori de kyrkham . — priori de boyling . — abbati de ose . galfrid . fil . thom. conversus priori de bukenham . johan . fil . thom. conversus priori de liwehull . johanna conversa abbati & conventui de notle . edith . de glouc. conversa abbati de tynterne . christiana de glouc. conversa priori & conventui sancti gutlac . hereford . emma quae fuit uxor richardi conversi hawis & hodiern . fil . ejus priori de brethenhah . willus de cantuar. conversus abbati de hale . ph. de winton . conversus apud wimundale . willus de nottingh . apud merkeb . petrus fil . willielmi conversus apud novum locum super acolne . emma quae fuit uxor richardi conversi apud langedon . hugo fil . phi. conversus apud boleg . priori de lanc. ingramus & thom. conversi . thom. & jul. soror ejus conversi apud kokersand . nich. conversus apud bradenest . hear . fil . christianae conversus apud sanctum jacobum north. juliana de derb. conversa apud haverholm . christiana de winton . conversa apud rufford . johanna uxor richardi de stamford conversa apud totebyr . willus de lond. & jul. soror ejus apud merlus . ran. conversus & elizabeth uxor ejus apud whiteby . thom. de nor. conversus apud sanctum nicholaum exon. steph. de london . conversus apud brumor . johan . de sancto albano & sabina uxor ejus apud clyve . rob. de lond. conversus . priori sanctae elenae de with. willus de cantuar. conversus priori sancti jacobi bristoll . the bishops having unanimously and resolutely withstood the popes and rustands demanded exactions the year before , as you have heard , being adjourned to a further day , were so terrified and divided in the interim by rustands policy , power , and the kings , who joyned with him for his own advantage , that they durst scarce open their mouths or mutter against him , but only appeal . in festo autem sancti hilarii , congregati sunt londini episcopi angliae & archidiaconi , undique vehementer angustati , ut darent responsum magistro rustando , papae et regis clerico , papae nuntio , regis procuratori . coram quo , cum magister leonardus , de quo priùs fit mentio , quasi cleri advocatus , & proloquutor universitatis , verba faceret pro episcopis ; & inter caetera responderet rustando , qui se erigebat contra magistrum leonardum ; dicens , quod omnes ecciesiae sint domini papae ; & diceret satis modestè ; verum est , ad tuitionem , non fruitionem , vel appropriationem : secundum quod dicimus , omnia esse principis ; ac si diceretur , defensione , non dispersione . et haec intentio fundatorum . ad haec iratus magister rustandus , ait : loquatur de caetero quisque pro se , ut sciat tam papa , quam rex , quid quis in eorum dicat negotio . in quo verbo omnes ita fuerunt attoniti , quod mutire vel non audebant , vel ignorabant . patuit enim ●●m luce clarius , quod papa et rex in gravamen ecclesiae et cleri confoederabantur . contra igitur postulata appellatum est . noluit enim magister rustandus mutare unum iota unius scripti quod scripserat : in quo insertum fuit , ut affirmarent praelati , se recepisse mutuo a mercatoribus transalpinis pecuniae memoratae quantitatem non minimam , et ipsam fuisse conversam in suarum commodum ecclesiarum , quod profecto manifeste falsum esse constitit universis . unde affirmabant , nec ●ine ratione , quod mori in hac causa , via fuisset martyrii manifestior , quam fuerat in causa beati thomae martyris . cum autem magister rustandus videret omnes usque ad amaritudinem spiritus contristari , mansuetior effectus , dissimul●vit , dicens , se velle cum domino papa super hoc habere colloquium . veruntamen missus est romam decanus londinensis , scilicet sancti pauli , & quidam alii , pro universitate ecclesiae anglicanae . timebatur autem super omnia , ne in hac causa occumberent praelati prae duplici impetu tam validorum adversariorum , videlicet papae et regis , et ne haec servitus detestanda , et oppressio ecclesiae et cleri , traheretur in consequentia ; quod esset per saecula deplorandum . at last , episcopi angliae , variis exagitati angariis , in quindena paschae convenerunt londini , rustando praecisè super exactione postulata responsuri . qui primo fracti et discordes , fuerant recessuri . postea vero , animati per barones , contradixerunt ; ne domino regi de baroniis suis aliquid contribuerent . the nobles and prelates to preserve their liberties against all papal and regal encroachments , procured the great charter of liberties , and another for free elections , to be again ratified , and a * solemn excommunication denounced again in westminster-hall against all infringers of them , agreeing verbatim with the last * forecited ; which charters being sent to pope alexander to ratifie , ( as heretofore they were confirmed by pope innocent ) what cold entertainment and answer they there found and received , is thus related . provisumque est salubriter , ut magnae chartae regis johannis , quas sponte promisit baronagio angliae , & iste rex praesens iterum , & nunc iterum de novo in magna aula westmonasteriensi sponte & liberaliter concessit , sub poena horribilis anathematis conserventur . et propter regis tyrannidem , quam non desinit exercere in ecclesiis vacantibus ; alia charta , quam memoratus rex johannes concessit regno , conspect bus papae praesentaretur : concerning the freedom of elections , which i have already cited , p. , , . haec & alia romam deferenda , salubriter à summo pontifice discutienda , providebantur . sed quid juvat ? haec adjectio detestabilis ( non obstante ) omnia infirmat . praevaricatores , susurrones , & magnatum adulatores , pervertentes omnia , sinistrè interpretantur universa . reportantgue frequenter queruli a romana curia tale responsum , videlicet a dominio papa et fratribus : nolumus his diebus principes offendere : & addunt , oportet multa dissimulare , & conniventibus oculis ( licet laedant ) pertransire . et sic , proh dolor , per meticulosos rigor justitiae , maxime in illa curia , cernitur vacillare . eisdemque diebus , obiit johannes romanus archidiaconus richemundiae , quamplurimis saginatus redditibus & thesauris , hominum avarissimus . hic fermè quinquaginta annis thesauris incumbens acervandis , unus de nobilioribus canonicis eboracensis ecclesiae , primus , vel de primis fuit , qui quasi explorator impiissimus arcana angliae reseravit , et provocavit romanos , ut redditibus angliae solito avidius et thesauris per fas et nefas inhiarent . quo defuncto , rex illico ejus praebendam & alia bona , quae poterat occupare , ad suum contulit , ratione vacationis archiepiscopatus , beneplacitum . the archbishop of canterbury oppressing the bishop of rochester , notwithstanding the kings premised writs , by reason of the queens power and favour , reiterated his complaint to the king against him , thus related . diebus sub eisdem , archiepiscopus cantuariensis bonifacius , ecclesiam roffensem praegravans , ejusque invadens possessiones ; tantam de facto suo notam incurrit vituperii , ut ecclesia , cujus esse debet defensor , per eum dicatur vexari . episcopus autem roffensis , cum domino regi hujus ultori , lachrymabiliter super tanta injuria conquereretur , rex demisso vultu respondit : non possum eum flectere ad justitiam vel humilitatem , ne ipsum tam generosum , & genus suum tam magnificum , praecipuè reginam , offendam velcontristem . anno . john de camezane an italian , by pretext of pope innocents bull of provision , prosecuting the abbot and covent of st. albans in the court of rome , to hold the church of herteburne by provision , though impropriated , to the great prejudice of the abby and right of the kings crown ; they thereupon sent their proctors to rome , together with the kings letters to the pope and cardinals , in their behalf , thus related . et circa idem tempus , cum quidam clericus transalpinus , ecclesiae beati albani nocumenta & damna●machinaretur , missus est unus fratrum ejusdem ecclesiae ad romanam curiam , ut contra dictum clericum , qui johannes de camezana dicebatur , quod justum erat , impetraret . dictus igitur frater , videlicet dominus willielmus de hortuna , memoratae ecclesiae cellerarius , assumpto secum magistro willielmo de sancto edwardo , dominica palmarum iter arripuit transalpinum . habuit etiam secum literas domini regis elegantissimas , pro ipso deprecatorias , tàm domino papae , quàm cardinalibus . quas quia rhetoricè & optimè conceptae & compositae fuerunt , redarguit ille johannes cavillator , falsitatis : asserens quod tam magnus intercessor , tam specialiter , tam familiariter , nunquam pro quodam simplici monacho literatoriè domino papae & aliis gravibus & autenticis personis intercessit . sed ipsius versuta redargutio , regis posteà testimonio patuit denudata . si quis illas literas videre desiderat , in libris additamentorum poterit reperire ; thus registred therein . domino papae rex angliae salutem , cum reverentia & honore . dilectionis praerogativa specialis , qua inter caetera nostrae ditionis collegia abbatem & monachos sancti albani lincolniensis diocaeseos , charius amplexamur , ad providendum utilitati & tranquillitati ipsorum cum opus est , multipliciter nos inducit . cum igitur venerabilis pater dunelmensis episcopus , non absque consensu & consilio capituli sui , ad sustentationem hospitalitatis quae apud dictos abbatem & monachos specialiter vigere dignoscitur , & ad quam suarum possessionum facultas sufficere nequiverat , duas partes ecclesiae de herteburne , dunelmensis diocaeseos , ipsorum usibus , interveniente consensu prioris & conventus de thinemua ( qui unâ cum abbate praedicto jus patronatus obtinuerant in eadem ) & residuum , usibus vicarii in ea ministrantis , dudum charitativè , necnon et precum nostrarum instantia , duxerit ordinandum : magister johannes de camezane , cui in ecclesia de wengrave extat provisum , praetextu cujusdam literae papalis , quâ foelicis recordationis innocentius quartus praedecessor vester , ultimus , sibi à dictis abbate & suo conventu , ecclesiam suam praedictam in beneficium uberius mandaverat commutari , ipsos super dicta ecclesia de herteburne , in ipsorum grave dispendium , et nostrae mentis turbationem non modicam , aggravat et molestat . sed et causam ipsam , in laesionem juxis nostri et privilegiorum nostrorum , extra regnum nostrum trahi procurans ; suppressa litera contra ipsos impetrata , per quam in anglia iidem abbas & conventus , infra certum tempus in eadem litera comprehensum , poterant conveniri , & causa ipsa similiter ibidem terminari , nullo sibi die infra dictum tempus praefixo , causam eandem a suo judice , nullis rationibus vel causis legitimis admissis , ab eodem ad curiam romanam nequiter obtinuit remitti : sanctitati igitur vestrae , quae nobis & nostris toties extitit gratiosa , cum quanta possumus affectione supplicamus , quatenus monasterium supradictum , quod & de nostro extat patronatu , & vobis est immediatè subjectum , suo jure destitui non permittatis , sed potius ordinationem praedictam , de consueta benignitate sedis apostolicae confirmare , & in aliis ejusdem monasterii negotiis coram sancta paternitate vestra expediendis , sibi favorem & gratiam impertiri velitis . super quo , vestris beneplacitis cum gratiarum actione multiplici , uberius reddamur astricti . teste meipso apud leystonam , primo die aprilis . literae regis ad cardinalem j. henricus dei gratia rex angliae , &c. venerabili patri j. eadem gratia titulo sancti laurentii in lucina , presbytero cardinali , salutem , & sincerae dilectionis affectum . dilectionis praerogativa specialis , qua inter caetera nostrae ditionis collegia , abbatem & monachos sancti albani lincolniensis diocaeseos , charius amplexamur , ad eorum indemnitati ( cum opus fuerit ) providendum multipliciter nos inducit . cum igitur magister johannes de camezane , domini papae capellanus , abbatem & conventum sancti albani super commutatione ecclesiae de wengrave sibi facienda , de ecclesia de herteburne , quam episcopus dunelmensis ad exhibitionem hospitum , eis ad precum nostrarum instantiam charitatis intuitu concessit , nos , abbatem & conventum intolerabiliter aggravet & molestet , trahendo ipsos in causam extra regnum nostrum , contra indulgentiam nobis a sede apostolica concessam , quod grave ferimus et molestum , ac idem abbas dilectum nostrum fratrem willielmum de horton commonachum suum , ad praesentiam domini papae transmittat , tàm pro praedicto negotio , quàm aliis utilitatem ecclesiae suae contingentibus ( pro ut idem willielmus vobis viva voce intimabit ) dilectionem vestram , de qua plenam gerimus fiduciam , affectuosè rogamus , quatenus eundem willielmum habere velitis in praemissis specialiter recommendatum , consilium & juvamen vestrum ei pro amore nostro taliter impensuri , quod vobis propter hoc ad retributionem condignam , & ad gratiarum merita oportunis temporibus teneamur . teste meipso apud framlingham , . die aprilis , anno regni nostri . to these precedent vexations of the abbot by suits at rome , they superadded the payment of a great sum of money to the popes merchants within one month , by a forged obligation , under pain of suspension , notwithstanding all their former priviledges and bulls . eodemque die missae fuerunt literae à domino papa , abbati & conventui memoratae ecclesiae sancti scilicet albani ; ut infra mensem solverent quibusdam mercatoribus quingentas marcas , in quibus tenebantur eisdem mercatoribus . quem terminum si transgrederentur , scirent se ex tunc suspensos . hocinsertum fuit in tenore literarum , cum tamen nunquam scirent se alicui obligari . et simili modo multis aliis coenobiis factum est , ut videlicet sic cogerentur jugum subire mercatorum foeneratorum . et ut efficacius pecuniam extorquerent exactores , dicebant omnia exigi ad opus domini regis , praeparati ad iter peregrinationis arripiendum . that pope alexander himself was the original fountain of these forged obligations , made and sealed in the names of abbots and others , for great sums of money supposed to be borrowed by them from the popes merchants , was thus evidenced . ut autem manifestè pateat cuilibet lectori , quod haec virulenia obligatio , quae ab episcopo herefordensi emanat , fontem habet initialem ab ipso papa , nisi bulla adulteretur ; has literas duximus huic libello , ut perpetuetur memoria , inseri ; praelatorum modernorum et servitutis ecclesiasticae commendandas . alexander , &c. dilecto filio magistro rustando , &c. cum olim bertolde , marchioni de cambrigia , pro negotii regni siciliae procuratione , duo millia unciarum auri per dilectos filios , reinaldum , remerum , pervium , scottum , & christopherum colum , eorumque socios , cives & mercatores senenses , persolvi mandaverimus , & propter hoc quaedam monasteria ecclesiae regni angliae fuerunt in duobus millibus marcarum sterlingorum novorum , de mandato nostri eisdem mercatoribus obligata . quia praedictus marchio & fratres sui multorum & beneficiorum quae a nobis & ecclesia romana receperant , immemores existentes , manifestam proditionem adversus nos & eandem ecclesiam , & charissimum in christo filium nostrum regem angliae illustrem commiserunt in regno praedicto siciliae , propter quod omnibus beneficiis & gratiis à nobis impensis eisdem , meritò sunt privandi . et de hujusmodi pecunia non nisi tantum trecentae unciae fuerunt per dictos mercatores eisdem marchioni & fratribus persolutae ; discretioni tuae in virtute obedientiae per apostolica scripta firmiter praecipimus , quatenus pradicta duo millia marcarum , ab hujusmodi monasteriis et ecclesiis colligas , vel per alium colligi facias , et hoc per dilectum filium magistrum bernardum de sen. capellanum et nuncium nostrum , vel per quemcunque alium collegam suum , et eisdem mercatoribus antedictis assignata , valore praedictarum trecentarum marcarum auri demisso mercatoribus saepedictis , residuum tibi facias a detentoribus exhiberi , contradictores et detentores hujusmodi per censuram ecclesiasticam appellatione postposita compescendo , non dbstantibus aliquibus literis apostolicis vel indulgentus cujuscunque tenoris existant impetratis , vel in posterum impetrandis , per quas hujusmodi solutio impediri valeat vel differri , seu si aliquibus literis apostolicis a s●de apostolica sit indultum , quod excommunicari , interdici nequeant vel suspendi . postquam vero praedictam pecuniam collegeris vel receperis 〈◊〉 dem detentoribus quibuscunque , tu monasteria ipsa , & ecclesias supradictas ab obligatione qua super solutione facienda mercatoribus ipsis de supradicta summa pecuniae tenebantur , apostolica authoritate absolvens , instrumenta publica , et lireras super hujusmodi obligatione confecta , viribus in posterum carere decernas . quid autem & quantum ab hujusmodi monasteriis & ecclesiis , vel magistro bernardo , & mercatoribus supradictis , & aliis detentoribus quibuscunque receperis , dilectis filiis carbuco , & jacobo de last . vel eorum alteri , i. remero , gilberto cremonensi , & mercatoribus florentinis , qui pro mumtionibus civitatum & castrorum aliorum & locorum ejusdem regni siciliae , duo millia marcarum sterlingorum nobis liberaliter mutuarunt , ad quorum solutionem nos & ecclesiam romanam eis certo termino faciendam obligati sumus eisdem , sicut caram gratiam nostram habes , assignare procures . non obstante quòd tibi super solutionibus quibusdam pecuniarum summis eis & quibus aliis communiter faciendis , aliàs direximus scripta nostra , quantitatem pecuniae , quam eis duxeris assignandam , tuis nobis patentibus literis intimando . nos igitur de hujusmodi summa pecuniae in praedictis carb & jacobo , vel eorum alteri , fuerit nostro & ecclesiae romanae nomine persoluta , reputabimus nobis et ecclesiae praedictae fore plenarie satisfactum . mandatum autem nostrum taliter studeas adimplere , quod ipsos carb . & jacobum , propter hoc non oporteat ulterius ad nos habere rerursum . quod autem haec omnia de voluntate nostra procedant eidem regi intimare procures . abbates vero & priores , & conventus monastenorum & ecclesiarum , quae propter hoc obligata fuerunt , nec non et quantitatem pecuniae in qua quodlibet eorum monasteriorum , in quibus ecclesiarum ipsarum tenetur ex obligatione hujusmodi , praesentibus fecimus annotari . prior et conventus de dunelm . in quingentis marcis . bathon . in quadringentis marcis . abbas et conventus de thornela , in quadringentis marcis . abbas et conventus de croilandia , in quadringentis marcis . prior et conventus de giseburnia ordinis s. augustini , in trecentis marcis fuerunt authoritate sedis apostolicae obligati . datum anagniae decimo cal . julii , pontificatus nostri anno secundo . cum autem audissent praelati angliae , ut praedictum est , quod papa & rex confoederarentur in subversionem anglicanae ecclesiae , quod intelligi potest per praedicta , adeo in ambiguum rotabantur , et quasi inter duas molas conterebantur , ut caeci nescirent penitus quid agendum . veruntamen prior et conventus dunelmensis , neque prior vel conventus de giseburnia , aliquo modo voluerunt flecti , ut consentirent illi virulentae obligationi , ut ipsi suas ecclesias tam enormi servituti inclinarent , licet omnes fere alii genua baal incurvarunt . sed steterunt , et suspensionem diutinam , et romanae curiae persecutionem , et mercatorum id est , usurariorum convitia , jurgia , et comminationes alacriter et viriliter , pro libertate suae ecclesiae dimicantes suffinuerunt . er sicut ipsi doluerunt non habere in tali certamine consortes , ita timuerunt super omnia papales , ne alii praestarent illis in tribulatione subsidium compatiendo , et similia cum suis fratribus aggrediendo . sed pusillanimes et meticulosi incurvati sunt , ut ab hostibus calcarentur . et sic non erat qui solatium impenderet , vel subsidium erhiberet , sed divisi , quasi vento agitati , quilibet quae sua fuerunt , charitatis expertes , defendebant , et defendendo succumbebant . et haec cornua praestabant inimicis . in what strange forms of obligations those papal usurpers and merchants involved the king , his proctors and others , this president of the kings proctors obligation to them under pope innocent the th . an. . will evidence , the original whereof i found in the white tower chappel . in nomine domini jesu christi amen . anno nativitatis ejusdem millessimo ducentessimo quinquagessimo quarto . indictione duodecima , mensis maii die sextadecima , pontificatus domini innocentii papae quarti , anno undecimo , in praesentia mei morborii scovarii & testium subscriptorum , ad hoc specialiter vocatorum & rogatorum ▪ dominus guido de positione archidiaconus lugduni , nuncius & procurator illustris viri domini h. dei gratiâ regis angliae , domini hybernia , ducis normaniae & aquitaniae . & comitis andegaviae , apud sedem apostolicam constitutus , habens à dicto domino rege mandatum de mutuo contrahendo usque ad summam trecentarum marcarum sterlingorum novorum , prout in literis domini regis exinde confectis plenius continetur ; confessus est & recognovit se pro negotiis dicti domini regis ac necessariis utilitatibus apud eandem sedem apostolicam promovendis & expediendis , mutuo recipisse & habuisse à bonifacio bonsignoris , & bonaventura bernardini , mutuantibus & solventibus , tàm pro se , quàm pro bernardino prosperi●i aldebrando , hildebrandi , civibus & mercatoribus senen . trecentas marcas bonorum novorū legalium sterlingorum , tredecim solidis & quatuor sterlingis pro marca qualibet computatis , de quibus dictus procurator procuratorum nomine se bene quietum & pacatum vocavit , exceptioni non numeratae & non solutae sibi pecuniae omnino renunciando . quas praetaxatas trecentas marcas sterlingorum ipsis vel uni eorum , aut ipsorum nuncio praesens publicum instrumentum deferenti & restituenti , in festo beati michaelis proximo futuro london . apud scaccarium regis per legitimam stipulationem , promisit dictus procurator procuratorio nomine , jam dictum dominum regem plenè soluturum & integrè redditurum . quod si in dictis loco & termino praedicta pecunia ipsis , ut dictum non fuerit integrè persoluta , extunc in antea stipulatione praedicta promisit eis dictus procurator procuratorio nomine , pro damnorum & interesse recompensatione , persolvere per singulos duos menses pro singulis decem marcis praedictis , unam marcam ipsorum sterlingorum , & expensas unius mercatoris , cum uno equo & uno servienter ubicunque fuerit usque ad plenam totius dictae pecuniae solutionem ▪ quam praedictam recompensationem dampnorum , expensarum & interesse antedictis mercatoribus promisit in sortē dicti debiti nominatus procurator procuratorio nomine nullatenus computare , ac non detinere memoratum debitum contra ipsorum mercatorum voluntatem , sub praeceptore compensationis praedictae ultra terminum praelibatum . pro quibus omnibus & singulis supradictis firmiter observandis & plenarie adimplendis , memoratus procurator procuratorio nomine jam dictum dominum regem & successores suos praedictis mercatoribus principales constituit debitores & pacatores ; ipsum dominū regem cum omnibus bonis suis mobilibus & immobilibus praesentibus & futuris , eisdem mercatoribus propter hoc specialiter obligando . renunciavit in praescriptis omnibus dictus procurator procuratorio nomine dicti domini regis & successorum suorum , omni juris & legum auxilio canonici & civilis , consuetudini & statuto , privilegio fori , beneficio restitutionis in integrum , & exceptioni etiam quod praedicta pecunia non sit conversa in utilitatem dicti domini regis & terrae suae , constitutioni de duabus dietis concilii generalis , omnibus apostolicis literis , indulgentiis & aliis quibuscunque à sede apostolica impetratis ac etiam impetrandis , & omni exceptioni , actioni , defensioni , & rei quae objici posset contra hoc instrumentum vel factum . ad majorem autem dictorum mercatorum cautelam praefatus procurator bona fide promisit apud dictum dominum regem studiosè & fideliter laborare , ut ●uncta omnia & singula supra dicta , antedictis mercatoribus observentur ; in hujus itaque rei testimonium & evidentiam pleniorem , praesens instrumentum dictus dominus archidiaconus suo sigillo roboravit . actum assisi coram hiis testibus , scilicet magistro hugone cumonjaco test . pontio de sal●sto clerico test . willielmo de resilione test . thomasio de venant famul . dict . arch. authoritate imperiali setimanus praedictis omnibus interfui , & hoc instrumentum scripsi & complevi rogatus . eodem anno , protervientibus papalibus exactoribus , ecclesia beati albani , circa festum simonis & judae , per quindecim dies supposita est interdicto , non quia magnificis destituta sit privilegis , sed quia haec adjectio detestabilis , non obstante , omnium sanctorum patrum pias enervat concessiones , et annullat auctoritatem . maluit igitur conventus injustam ac violentam sententiam , ne contemptus tribulationem suscitaret , observare reverenter , quàm temerè non tenere . cessavit igitur à campanarum pulsatione , divinorumque celebratione : & interim in capitulo horas canonicas cum matutinis , complevit voce demissa . animante igitur fratre johanne de dia , qui quasi vices egit legati tunc in anglia , conventus divina modo consueto celebravit . the like opposition was made by the cestorian abbats , thus related . diebus sub eisdem , magister rustandus vocavit omnes abbates cisterciensis ordinis in anglia auctoritate apostolica : ut coram eo quarta dominica post pascha apparerent , mandatum domini papae ibidem audituros . qui cum convenissen● loco et die quo eos vocaverat , rustandus facto prologo satis prolixo , postulat ab eis ad opus papae et ad opus regis juvamen pecuniare non modicum , quantum ascendit pretium lanarum suarum , vel amplius . et novit mundus , quod in lanis eorum omnis eorum subsistit commoditas et sustentatio . quod cum audissent abbates , communicato consilio , omnes constanter responderunt unanimiter , quod non licuit tali ac tantae exactioni praecise respondere , irrequisito assensu et consilio abbatis et capituli cisterciensis , cujus membra erant et filii . et sic irato valde magistro rustando , ad sua coenobia remearunt . magister igitur rustandus sicut solet infans laesus et querulus ad sinum matris , ad regem festinavit quantocyus pervenire , asserendo enarrans et conquestus , quod abbates cisterciensis ordinis uno spiritu procaci et superbo responderunt , se nullo modo ipsum in hac sua necessitate adjuturos . rex igitur iratus juravit , quod singulos damnificaret , quos omnes nequiverat flectere ad consensum . et quia dixerant , quod regem plus decuit orationes ab iisdem exigere , quam pecuniam : juravit , quod voluit et orationes habere ab eis , et pecunia non destitui . erat autem tunc fortè in curia abbas de bildewas ordinis cisterciensis , quem rex objurgans jussit sibi accersiri , & ait : quid est abbas , quod mihi indigenti & humiliter postulanti , auxilium pecuniare denegasti ? nonne sum patronus vester ? cui abbas : vtinam patronus , pater , & defensor . veruntamen non expedit vobis nos in extorsione pecuniae damnificare , sed potius cum devotione orationum suffragia postulare , exemplo pii regis francorum salubriter informatus . cui rex : vtrumque exigo , pecuniam videlicet cum orationibus . cui abbas : non credo hoc posse contingere . alterutro oportet te carere . si enim substantiolas nostras a nobis violenter extorqueas , quomodo devotè & sinceris cordibus pro te orabimus ? oratio nempè sine devotione parum vel nihil prodesse praevalebit . rex autem , licèt satis eleganter respondisset abbas , tamen abbatibus cisterciensibus tacitus insidiabatur universis . erat autem tunc temporis quidam miles dives , willielmus de bello campo dictus , uxorem habens nomine ydam , genere nobilem , sed moribus degenerem nimis , & religiosorum & religiosarum , persecutrix fuerat indefessa . haec igitur nacta jam nocendi abbati de wared de regis ira oportunitate , more foemineo nocere machinans , gravem movit contra dictum abbatem in regis curia quaestionem ; sciens quòd rex ipsum justè vel injustè , quia iratus , damnificarēt . et cùm ex causa pusilla , vel nulla , in misericordiam regis cecidisset , & necesse haberet abbas à rege ipso , quia alias rex vias praecluserat , misericordiam humiliter postulare , rex torvo vultu jurando horribiliter respondit ; qua fronte , abbas , misericordiam postulas ? qui nuper mihi indigenti misericordiam cum tuis coabbatibus denegasti . et damnificavit eum rex in multae pecuniae , ad arbitrium & persequentem voluntatem , effusione . similiter autem & abbas de rufore cisterciensis ordinis , pro quadum non causa , ut causa , quam provocarunt & excitarunt duae viles personae , quas garciones vocant , ad solutionem non minimae pecuniae , licet injustè , cogebatur . similiter & alii cisterciensis ordinis abbates , damna & injurias & subire multipliciter compellebantur . missi sunt igitur viri discreti de ordine cisterciensi ad curiam romanam , ut super hoc gravamine remedium impetrarent . contra quos & rex pro eo dominum willielmum boncoque , militem & jurisperitum , ad eandem curiam , & ob alia negotia destinavit . impetratio autem cisterciensium talis erat . alexander episcopus , servus servorum dei , dilectis filiis abbatibus & conventibus cisterciensis ordinis in regno angliae , ac locis qui sub eisdem regni dominio subsistunt constituti , salutem & apostolicam benedictionem . quanto excelsiorem eximiae religionis gradum ordo vester gratia divina conscendit , & sublimius suae conversationis stationem ac sanctimoniae collocavit : tanto eum amplius sedes apostolica , pia mater , continuis semper promovit augmentis & spiritualibus favoribus communivit . nos igitur , qui eundem ordinem affectu prosequimur intimae charitatis , attendentes ejusdem ordinis monasteria regni franciae , à praestatione decimae ecclesiasticorum proventuum , à foelicis recordationis innocentio papa praedecessore nostro , charissimo in christo filio nostro regi francorum illustri concessae in terrae sanctae subsidium , excepta fuisse , eodem rege devotarum orationum ejusdem ordinis suffragia pluris quàm temporalia subsidia aestimante . ac volentes quieti vestrae , quantum cum deo possumus , providere , specialem gratiam vobis faciendo , ne praetextu concessionis charissimo in christo filio nostro regi angliae illustri à praedicta sede factae , de decimis ecclesiasticorum proventuum regni sui & locorum suo domino subjectorum certò percipiendis ab eo tempore , in subsidium terrae sanctae , decimam reddituum & proventuum vestrorum ipsi regi seu alii solvere teneamini , nec ad ipsarum solutionem compelli possitis , auctoritate praesentium vobis indulgemus . decernentes vos nihilominus à praestatione harum decimarum , & quarumlibet exactionum genere , seu obligatione bonorum vestrorum occasione hujusmodi , penitus liberos & immunes , omnes indulgentias & li●eras super hoc ab eadem sede concessas , & processus , si qui contra vos & monasteria vestra , penitus revocamus . ac statuimus insuper , concedendas , cujuscunque tenoris indulgentias & literas super hoc ab eadem sede concessas , & processus , si qui contra vos & monasteria vestra , penitus revocamus . ac statuimus insuper concedendas , cujuscunque tenoris indulgentias & literas , nisi de hac specialem & plenam de verbo ad verbum fecerint mentionem ; vires aliquas adversus vos & monasteria vestra non habere . nulli ergo omnino hominum liceat , hanc paginam nostrae constitutionis & revocationis infringere , vel ausu temerario contraire . si quis autem hoc attemptare praesumpserit , indignationem omnipotentis dei & beatorum petri & pauli apostolorum , se noverit incursurum . data neapoli , octavo calend. junii , pontificatus nostri anno primo . misit insuper eodem tempore papa literas regi deprecatorias ( praedictas ) pro ordine cisterciensi . scripsit insuper albus cardinalis regi devotissimè pro ordine cisterciensi ; ne pro deo ipsum sacrum ordinem talibus vexaret exactionibus , & sic ad horam cistercienses respirarunt , qualiquali pace gaudentes . but soon after , rex praecepit , ne aliqua gratia exhiberetur cisterciensibus , sed ut vexarent eos vicecomites & alii regii satellites , nec fieret eis jus , nisi commune . et iratus quia intercessores procurabant pro eis , permisit , ut exigeretur & extorqueretur ab illis , cum redirent de generali eorum capitulo , telonium , quod vulgariter dicitur paagium , contra libertatem & antiquam , & approbatam eorum consuetudinem . unde multi super hoc non praemuniti , cucullas & tunicas vendere cogebantur . qui verò ex parte universitatis praelatorum ad romanam ecclesiam destinabantur , talem adepti sunt modificationem , & de intolerabili rigore remedium . alexander , &c. praelatis , &c. provisionis nostrae provenire debet auxilio , ut unde nullum est is commodum assequuti , detrimentum minimè sentiatis . cum igitur venerabilis frater noster herefordensis episcopus , de nostra licentia sibi per literas nostras concessa , à dilectis filiis specialibus , olivero rosa , ac eorum sociis , civibus ac mercatoribus florentinis , quingentas marcas sterlingorum mutuò receperit , pro negotiis charissimi in christo filii nostri anglorum regis illustris : quanquam in literis ipsis & instrumento publico confecto super hujusmodi mutuo contineatur expressè , quod non pro vestris & monasterii vestri negotiis fuit hujusmodi pecunia mutuata , pro qua etiam idem episcopus vos ac dictum monasterium & ejus bona , praefatis mercatoribus obligavit . nos volentes super hoc taliter providere , quod vos vel dictum monasterium ex hoc non incurratis aliquam laesionem , actoritate praesentium vobis indulgemus , ut si eundem regem in praedictae pecuniae solutione cessare contigerit , & vos de ipsa mercatoribus satisfacere memoratis , liceat vobis decimam vestrorum proventuum ecclesiasticorum , dicto regi ab apostolica sede pro terrae sanctae subsidio deputatam , usque ad quantitatem praedictae pecuniae , quam mercatoribus solvetis eisdem , ac damnorum & expensarum , quae fortè propter hoc incurretis , liberè retinere : non obstantibus aliquibus literis super executione praedictae decimae , sub quacunque forma verborum , ad quoscunque judices seu exequutores , à sede impetratis , vel etiam impetrandis . caeterum , si occasione hujus retractionis praedictae decimae , fuerint in vos vel aliquem vestrum per quoscunque suspensionis , excommunicationis , vel interdicti sententiae promulgatae , decernimus eas auctoritate praesentium nullas esse , et vos ad ipsorum conservationem non teneri . what an opinion many had of this pope hypocrisie , occasioned by his rapines , this passage clearly discovers . diebus sub eisdem , tepuit devotio multorum , quem de papa nostro patre , et ecclesia romana matre nostra habere consueverant . ex quo enim in principio creationis suae precum suffragia exigebat à fidelibus ; hypocrisim reputant et saecularitatis palliationem quamplurimi , sed de sua suspicione decepti : cum sanctus nos admoneat , dicens : cum quid inceperis bonum , instanter deum posce , ut ipse perficiat , &c. sed quia hujusmodi devotionem opera subsequuntur contraria , verba de eo percurrunt incongrua . spes igitur praeconcepta de sanctitate papae , prorsus evanuit exsuffiata . veruntamen multorum auribus veraciter instillatum est , quod de bulla decepto papa fraus committitur multiformis . sed haec ratio , si-tamen ratio est , papam non excusat . what ill successe boniface archbishop of canterbury and his brother had in their wars , supported with the archbishops rapines in england , and what a flattering consolatory letter pope alexander writ to the king and queen of england , to allay their grief for this losse , to seise the goods of these delinquents , and promote his rapines by their favour , is thus related by matthew paris . petrus autem de subaudia constantissimè cum magnatibus generis sui , videlicet archiepiscopo cantuariensi , & electo lugdunensi , & aliis subaudiensibus , urbem taurinam infestat , ita ut deficientibus victualibus , nec poterat eis pondus proficere , urbem suam imbelli populo vacuarent . cives igitur quantò plus arctabantur , tantò firmius comitem thomam tenuerunt vinculatum : ut si cives puniendi fortè caperentur , ipse comes , qui primus & ultimus causam perturbationis suscitaverat , primitus puniretur . dominus autem papa , ut videretur domino regi anglorum & reginae in hoc casu profuisse , ipsos blandis consolationibus demulcendo , scripsit eisdem sic . alexander episcopus , &c. charissimae in christo filiae illustri reginae anglorum , salutem & apostolicam benedictionem . nimis amarae nimiumque molestae sunt nobis injuriae , quae devotis ecclesiae filiis irrogantur : valdè cor nostrum offensae fidelibus apostolicae sedis illatae conturbant . sed de illorum molestiis plus dolemus , quorum circa sedem apostolicam semper devotio ferbuit , claruitque sinceritas , quod inter alios puritatis titulo praesigniri meruerunt , & uberiori ab eadem sede fulciri favore , & attolli honorificentia potiori . horum namque gravamina illicò sentimus in nobis , qui mox cum laeduntur , degustamus suarum amaritudinem laesionum . sanè ad audientiam nostram , non sine cordis amaritudine , & mentis tribulatione pervenit , quod nuper astensibus civibus ad depopulationem castri montis calerit hostiliter procedentibus , dilectus filius nobilis vir thomas de subaudia comes , avunculus tuus , qui in eodem castro tunc temporis morabatur , recedens exinde , ad civitatem se transtulit taurinensem , sperans cum auxilio civium civitatis ejusdem , suorum utique vassallorum , in successu praedicti castri , quod ad eum spectare dignoscitur , recuperare . sed dicti cives , tanquam contemptores divini timoris , & famae propriae neglectores , * fidelitatis juramento , quo praedicto comiti tenebantur astricti , temerè violato , eisdem astensibus procurantibus , & ad id auxilium impendentibus , ipsum capere & detinere , non sine proditionis nota , nequiter praesumpserunt . et quidam rumor jam sinister , interiora nostra dolore immani acriter vulneravit : quia tantò venit auribus nostris acerbior , quantò detenti nobis charior est persona . tristamur itaque , nec indignè , quod filius , quem inter alios praecipuè complectimur , taliter detinetur . dolemus , nec mirum , quod tanti persona magnatis , de cujus sincero confidebamus obsequio , in manus suorum incidit proditorum : arctiusque tenetur , quia devotione assidua invalescens , ad praedictae sedis exaltationem indefessa sollicitudine laborabat . cum enim praedictum comitem suumque genus singulari benevolentia prosequimur , cum ejusdem domum propter suae devotionis merita quodam semper affectu praetulerimus speciali , magis ex hoc suarum sentimus aculeos passionum , amplius ob id adversitatum ipsius amaritudinem delibamus . quin imò sic proximo nos ejus detrimenta contingunt , quod ea patienti compatimur statim : similiter non potest unquam adversitatis flagello feriri , quin percutiamur protinus cum eodem . similes quippe nobis affectus commisit , propriosque dolores amara nobis transfusione partitur . ideo serenitatem tuam rogandam intentius duximus , & hortandam , quatenus personas & bona civium taurinensium & astensium , in terris tuae ditioni subjectis existentium , capi facias , & tam diu detineri , donec praedictus comes restituatur pristinae libertati . regi quoque consimilis epistola est transmissa . circa festum beatae catharinae applicuit cantuariensis archiepiscopus de partibus italiae , post multas inutiles anglicanae pecuniae effusiones , et labores infructuosos , qui parum profecit in bellicis negotiis apud taurinam civitatem . nec est liberatus frater ejus thomas , quandoque comes , à carcere civium , licet subaudienses omnes vires effuderint ad ipsius liberationem , & quamvis papa ipsum liberare conaretur , scribens reginae anglorum contra cives , ad eorum impedimentum : as aforesaid . what authority the pope exercised this year in disposing archbishopricks in ireland , is thus storied in one particular . magister insuper radulphus de norwico , cancellarius hiberniae , vir dapsilis & facetus , sed à primis annis plus in regis curia , quàm liberalium artium schola canonice eruditus , electus est à canonicis dublin . in archiepiscopum dublinensem . sed propter aliquorum contradictionem , dilata est ejusdem confirmatio . reprehendebantur nempe electores , eo quod hominem elegissent penitus saecularem , et adhuc in regis clientela ac custodia , hiberniae telonio assidentem . et sic cassabatur . matthew westminster relates , a suis procuratoribus in curia romana nequiter proditus est et cassatus , et fulconi de sandford , qui a causa aderat , idem archiepiscopatus confertur : who it seems was put by , and fulco basset preferred by the king. circa diem vero sancti dunstani , prohibuit rex , nescitur qua ratione , ( though it appears it was principally to prevent letters and bulls from rome ) portus , ne quis praelatus , miles , vel clericus , transfretaret : cum tamen transfretaverant episcopus bathoniensis , et episcopus roffensis ▪ ( with the kings license . ) soon after , dominus abbas westmonasteriensis , & magister rustandus , electusque sarum pro domini regis negotio , eodem rege sic volente ; nesciebatur ad quid , sed ob arcanas causas , utinam bonas , transfretarunt . et pro multiplicatis saecularium discordiarum redivivis seminibus extirpandis , bathoniensis & roffensis episcopi latenter et festinanter transalpinaverunt . the bishop elect of winton having forcibly and unjustly by his power deprived the prior of winton , and thrust another into his place without due election , the deprived prior thereupon appealed to the pope and court of rome , where he expected to be restored with great confidence ; but to shew how much more prevalent money then was in that corrupt court , then justice , this intruder was confirmed , and he returned after great expence frustrate of his expectation , having some mannors assigned him for his support during life , out of which the pope had an annual pension of . marks to support his table . prior autem wintoniensis per electum intrusus , andraeas nomine , adminiculo ipsius electi , in loco suo , quem occupaverat , contra omnium opinionem ( ut sciatur quantum possunt munera romae ) stabilitur . et qui tot expensas pro jure suo obtinendo effuderat , rediit in angliam , suo defraudatus proposito , quamvis de promissione certissima , non sine opima retributione , spem praeconceperat , ut prior in domo sua , prout jus exegerat , restitueretur . assignata igitur sunt ei quaedam maneria , ut inde vitam confusionis quoad viveret , continuaret , de domo wintoniensi , ut sciant omnes quantum valent munera in curia romana . dispersi igitur monachi non sine rubore revocantur . anno sub eodem , ex prodigalitate prioris wintoniensis expulsi , recepit mensa papalis incrementum qualibet die per annum , unius marcae argenti in reditu perpetuo . quem dominus papa patentibus rictibus deglutivit . sunt autem dies in anno . reditus igitur extortus ad tot marcas ascendit . et cachinnantibus romanis , recessit idem prior infecto negotio a curia , omni fraudatus proposito desiderato : nam munera sui adversarii , videlicet electi wintoniensis , ad plus ascendisse perhibentur . how fraudulently and forcibly pope alexander and his instruments by a provision from rome , intruded and installed one jordan an alien , dean in the church of york , and how much he vexed the archbishop , sewal , for opposing it in the court of rome , this history informs us . per idem tempus , venerunt quidam ignoti in ecclesiam eboracensem , in hora dum discumberent homines soli mensae intendentes , clanculo intrantes : inquisiverunt à quodam ibidem orante , quodnam esset stallum decani ? et responsum est , hoc , demonstrato stallo decanali . duo igitur tertio , quem installarunt , dixerunt : frater , nos te authoritate papali installamus . quod cum cognovisset archiepiscopus sewalui , noviter creatus , & quandoque illius ecclesiae decanus , doluit inconsolabiliter de tali fraude perpetrata , et factum illud subdolum , quantum in se potuit , irritavit . fraudulenti tandem romanam curiam , de qua venerant , adeuntes , illum bonum virum et modestum archiepiscopum , interdici fecerunt , et damnis et laboribus immensis fatigarunt . quae omnia sanctus praesul sustinuit in patientia , ut immineret ei evidenter tribulatio , quam magister , ejus amicus quondam & socius , sanctus edmundus , praedixerat profuturam . haec autem fraudulenta praesumptio , omnes canonicos ita reddidit attonitos , quod quid agendum penitus ignorarunt . absurdum namque et omni rationi dissonum , imo detestabile eis merito videbatur , tam nobilem praebendam , tam arduum officium , despicabili et ignoto , sic intruso , conferri permittere , ut in tam nobili ecclesia fieret talis et taliter suo archiepiscopo secundarius . authoritatem tamen tyrannicam domini papae , cui se rex totum inclinavit , et ut aptius dicam , incurvavit , vehementer formidabant . what bishops and other ecclesiastical persons died this year , how the king and pope disposed of their temporalties , goods , elections of their successors , and suits against each other , the continuer of matthew paris thus relates . eodemque anno coepit aegrotare lethaliter archiepiscopus burdegalensis , jam senex & decrepitus . et cum penitus crederetur , qui semivivus extitit , mortuus episcopus herefordensis ( qui summo desiderio ad illum archiepiscopatum ambiens an●elabat ) impetratis literis domini regis , quem habuit favorabilem , utpote telonearius ejus , cum veritas pateret quod viveret , iter , laborem , operam perdidit , & expensas , multis sannis appetitus , sicut de quodam magistro lambino dicitur contigisse , de quo licet tantillum à materia digrediar , duo versiculi componebantur : aere dato multo , nondum pastore sepulto , lambit ad optatum lambinus pontificatum . eodemque tempore obiit landanus , & alius est substitutus . eodem quoque anno episcopus karleolensis magister thomas in principio octobris , qui sicut episcopus eliensis , vix uno anno suum rexerat praesulatum , de medio sublatus est . in quibus pendula gloria dignitatis saecularis , quàm sit transitoria , luce clarius declaratur . episcopus autem elyensis willielmus , in itinere hispaniensi , dum regi terreno ministraret obsecundans ; ad tribunal summi tractus imperatoris , in fata concessit peregrinus . cor autem ipsius ad suam ecclesiam elyensem defertur tumulandum solenniter in eadem . episcopus quoque cestrensis , magister videlicet rogerus de westham , die omnium sanctorum , ultro suo concessit episcopatui . obiit quoque eodem tempore prior de newburgo johannes canonicus , qui sicut episcopus elyensis willielmus de quo praedictum est , domino regi familiaris , & consiliarius extitit specialis . eodem anno , quibusdam controversiis inter episcopum bathoniensem & conventum glastonensem exortis , intrusus quidam in illud coenobium violenter , & invito episcopo , authoritate regia , coepit omnia ausu temerario ordinare , sigillum sibi adulterinum fabricare . interim dum episcopus , pro jure suo prosequendo , romam peteret , rerum fiebat utrobique distractio . intrusus autem quoscunque poterat convocat nebulones & gyrivagos , & convocatos indignos , in laesionem honoris monastici , ( ut suam partem contra episcopum roboraret ) monachavit decem & octo , & tertia die fecit professos , non veritus istam dominicam comminationem , imo potius maledictionem , vae homini per quem scandalum suscitatur . similique modo nobilis ecclesia wintoniensis schismate turpabatur . et sicut illi histriones , quos electus wintoniensis in contumeliam prioris convocatos monachaverat , apostatantes recesserunt , sic non aliud ab istis sperabatur . it seems there was a suit pending in the archbishops court , prosecuted by the bishop of bath and wells against this abbot , * to deprive and excommunicate him , and another suit at the same time in the kings court , for the temporalties of the abbey , whereupon the king issued this prohibition to stay the proceedings touching the deprivation and excommunication . rex magistro hugoni de mortuo mari offic. cantuar. salutem . intelleximus quod episcopus london . & alii vicini episcopi ad preces episcopi bathon ▪ & wellen. circumventi , per errorem facti quia fortè ipsos latebat , quod causa pendet in curia cantuar. coram vobis inter praedictum episcopum , & rogerum abbatem glaston . super depositionis et excommunicationis sententiis , et quibusdam aliis articulis , et in curia nostra de temporalibus certis diebus in utraque curia assignatis , intendunt praedictum rogerum , depositum et excommunicatum publice denunciare : vos rogamus attente , quatenus sicut honorem coronae nostrae diligitis , suffraganeis ecclesiae cantuar. et praecipue episcopo london . mandare velitis , quod pendente lite praedicta ab hujusmodi denunciationibus et diffamationibus omnino supersedeant . quod si forte facere neglexerint , eas publice denunciari mandetis irritas et inanes , quia causa quae inter eos vertitur manifeste tangit honorem et dignitatem coronae nostrae . eo libentius et favorabilius si placet statum ipsius rogeri qui dudum ante ad vos appellaverat , et pro jure nostro contendit , sicut ad vos pertinet , defendere velitis . et hoc statim mandetis praefato episcopo london . & archid. london . & ejus offic. teste rege apud norwicum . die martii . eodem modo & per eandem narrationem scribitur episcopo london . adjecto quod supersedeat &c. quousque cum rege habuerit colloquium , & rex super facto illo quatenus eum contingit plenius instruat , et quod rescribat , &c. teste . * temporibus quoque sub eisdem , stabiliuntur prosperè in archipraesulatibus suis dublinensis , scilicet magister falco basset , & eboracensis , magister sewallo , domino papa manum apponente , post multas ipsorum episcopatuum vastationes irrestaurabiles . et sic regis auctoritas , eo ipso procurante , cum regni dignitate diatim declinavit . * thomas stubs informs us concerning sewal ; eo quod defectum patiebatur in natalibus , & ideò non fuit secum dispensatum quoad talem dignitatem ; ejus electioni cum rex henricus . negaret assensum , idem electus misit ad curiam romanam , & dominus papa alexander . confirmavit ejus electionem , & ut in ecclesia eboracensi consecraretur cum eo gratiosè ( but not gratis ) dispensavit . consecratus est autem sewallus in ecclesia sancti petri eboraci , à suffraganeis quos advocaverat die dominica . kal. augusti , anno domini . et sic nolente volente rege obtinuit et pontificatum et pallium . ipso quoque anno muneribus electi wintoniensis in curia romana discurrentibus , et simonialibus praemiis et precibus prioris intrusi wintoniensis , quem idem electus creaverat , intermeantibus , stabilitur intrusus , scilicet andreas . alteri autem post labores transalpinos , & pecuniae infinitam effusionem , & enormem sui prioratus laesionem , quoddam manerium ad sui sustentationem providetur . conventus autem dispersus , imperiosè sub poena anathematis convocatur ab electo : & sic diatim in nobilibus ecclesiis conventuabilibus , opprobria per schismata suscitantur . quae propter discordias et ambitiones , curiae romanae pabula ministrantur : ita videlicet ut per hanc solam discordiam , additus est annuus redditus mensae papali qualibet die una marca argenti . after long expensive suites between the bishop elect of winton , and the monks of st. swithin about deposing ▪ of the old , and enforcing of a new prior on them by the bishop in the court of rome , upon a reference from pope alexander , they came to this final accord , which the king himself thus recited and ratified under his great seal . h. dei gratia rex angliae , &c. universis ad quos , &c. salutem in domino sempiternam . noverit universitas vestra quod nobis personaliter existentibus in capitulo sancti swithini winton . praesentibus a. dei gratia electo winton . & a. prior & conventu ejusdem ecclesiae , pax & concordia inter dictum electum ex una parte , & priorem & conventum & procuratorem willide taunton ex altera , fuit de consensu partium recitata sub hac forma . universis praesentes literas inspecturis vel audituris fr. adam . de marisco de ordine fratrum minorum , judex à domino papa delegatus in causis motis inter venerabilem patrem a. dei gratia winton . electum ex una parte , ad dictum will. de taunton , pro se & convent . winton . ex altera , & deputatus & tractandum de pace & faciendum inter eosdem , salutem in domino . mandatum domini papae suscepimus in haec verba ▪ alexander episcopus , servus servorum dei , dilecto filio fratri adae de marisco ordinis minorum , salutem & apostolicam benedictionem . dudum inter dilectum filium a. electum winton . ex una parte , & dominum willielmum de taunton capellanum nostrum priorem ac conventum winton ex altera , super diversis articulis questione suborta & praesatis electo & conventui per procuratores , ipso verò willielmo personaliter comparentibus coram nobis tàm ex ipsius , w. quàm ex praedicti conventus parte plures & varii libelli contra procuratorem praefati electi ejus nomine oblati fuerunt , super quorum aliquibus litis contestatio per eundem ipsius electi pr●curatorem facta extitit , & super eisdem hinc inde de veritate dicenda juratum ; & tandem factis hinc inde rationibus , ad ipsarum aliquas fuit ex utraque parte responsum , prout haec omnia in actis super hiis confectis , quae venerabilis frater praenestinus episcopus & dilectus filius noster f. sancti nicholai in carcere tulliano diaconus cardinalis quos eisdem partibus audituros concessimus , tibi sub signis transmittunt inclusa plenius perspicies contineri . verum quia de assertionibus partium apud apostolicam sedem facere liquere non poterat , nos nolentes causas hujusmodi per commissiones & remissiones varias in grave winton . ecclesiae dispendium prorogari , discretioni tuae per apostolica scripta in virtute obedientiae districtè praecipiendo mandamus , quatenus dictis libellis & actis diligenter inspectis , hujusmodi negotia pace vel concordia , si de partium voluntate processerit , terminare procures , alioquin per judicii tramitem seu aliàs per provisionem prout secundum deum expedire videris , usque ad sententiam in negotiis ipsis procedas processum postmodum tuum sive causas sufficienter instructus remittens ad praedictae sedis examen , praefigendo partibus terminum peremptorium competentem , quo se apostolico conspectui representent , justam dante domino sententiam recepturae . proviso , quod praefato priori & monachis hujusmodi negotia prosequentibus , expensas ad prosecutionem ipsarum necessarias de bonis ejusdem ecclesiae fac exhiberi , & super aliis sumptibus , qui in negotiis ipsis opportuni suerint , quod de praedictis bonis fiant ; nihilominus providendo concedimus quoque tibi , ut omnia bona dictae ecclesiae ad ipsum conventum spectantia , sive antequam incipias in negotiis ipsis procedere , sive post , si volueris , vel tibi videbitur expedire , valeas sequestrare . contradictores per censuram ecclesiasticam appellatione postposita compescendo , non obstante si personis aliquibus a praedicta sede sit indultum , quod interdici , suspendi vel excommunicari , quodque extra suam diocesim in com. trahi , vel ad iudicium evocari non possint per literas apostolicas , plenam et expressam non facientes de indulto hujusmodi mentionem , et constitutione de duabus dietis edita in concilio generali , nec non indulgentia quae fratribus tui ordinis a praefata sede dicitur esse concessum , quod de causis quae ipsis a sede committantur eadem se nullatenus intromittere teneantur . data anagni● . calend ▪ octobris pontificatus nostri anno primo . vestrae universitati notum facimus , quod dicto domino electo & conventui winton & procuratoribus ejusdem , nec non procuratore domini w. de taunton ▪ in nostra praesentia legitimè constitutis , apud winton in capitulo sancti swithini dictus conventus & dicti procuratores destiterunt ab omnibus litibus & questionibus propositis ex parte eorundem in curia romana contra eundem electum , et renunciaverunt eisdem quamdiu dictus electus episcopatum wintoniae tenuerit . quam desistentiam & renunciationem ipse electus in capitulo acceptavit . dictus verò conventus & procuratores memorati protestati fuerunt , quod ipso electo cedentè vel decedente salvae sint ei omnes quaestiones quas se dicunt habere contra eundem . promiserunt etiam & concesserunt quod prior & obedientiarii rationem summariam sive compotum reddent de administrationibus suis dicto domino electo suo perpetuo , vel duobus vel tribus viris honestis quos ad hoc deputaverit infra septa monasterii sancti swithini praesentibus senioribus conventus ejusdem . insuper supplicaverunt dicto domino electo ; quod si penes eum aliqua residua de bonis prioratus remanserint , faciat eis exinde subventionem ad debita monasterii relevanda , & de gratia sua provideat dicto domino willielmo de taunton in competenti sustentatione de bonis ipsius prioratus , & quod circa reformationem monasterii curam adhibeat diligentem tàm in spiritualibus quàm temporalibus ▪ in priore & in monachis , ad honorem dei & salutem animarum , cum ea qua fieri potest celeritate , & quod de coquinar . celeri serviente , infirmariae fiat inquisitio per viros discretos neutri parti suspectos , qualiter praecedentibus temporibus fuit observatum , & prout per inquisitionem invenerit futuris temporibus observetur , & literas suas patentes concedat eisdem pro se & suis , nec ipse nec auditores computi aliquid ad opus suum recipiant . et si quod residuum suerit in usus monasterii convertatur per manus officialium ejusdem monasterii , de consilio & consensu prioris & conventus . et pace inter eos taliter reformata , & omni materia discordiae totaliter sopita , dicto conventui & singulis de conventu rancorem , si quem habebat contra eos , ad oscula pacis benigniter recepit . haec omnia acta sunt coram nobis ultimo die maii , anno domini . in quorum omnium fidem & testimonium praesentibus sigillum nostrum apposuimus . nos vero utilitatem ecclesiae attendentes & tranquillitatem ejusdem pro viribus amplectentes , dictam pacem approbavimus , & ad instantiam dicti fratris adae , & petionem partium sigilium nostrum praesenti scripturae apponi fecimus in testimonium veritatis una eum sigillo dicti conventus . teste rege apud winton . . die junii . the king by reason of the vacancy of the archbishoprick of yorke , presented john maunsel to the treasureship of that church , the dean and chapter refused to install him therein by his proctor , unlesse he were personally present , though then imployed in the kings service , pretending it to be contrary to the custome of that church , and an oath thy had taken . whereupon the king issued this writ , commanding them to install him by his proctor , notwithstanding this pretended custome and oath , being so imployed in his and his kingdoms service that he could not personally resort thither , and that within three dayes space ; or else in their default , the guardian of the archbishoprick should install him . rex decano & capitulo eborum salutem . cum nuper vacantem thesaurariam ecclesiae eborum dilecto & fideli nostro johanni maunsel praeposito beverla . prout ad nos pertinet ratione custodiae archiepiscopatus eborum in manu nostra existentis , contulerimus ; ac mandaverimus ipsum procuratorem suum ipsius nomine per vos , prout moris est , in ipsius possessionem induci : intelleximus , quod vos praetextu consuetudinis ecclesiae vestrae , ut dicitur , iuramento firmatae ; per quam observatum est , quod absens per procuratorem super hoc non admittatur in ipsa ad aliquam dignitatem , ipsius procuratorem super hoc admittere , & stallum & locum sibi debitum pro vestra voluntate , non sine nostri juris injuria distulistis assignare . verum cum idem praepositus in nostris & nostrorum desudando incunctanter obsequiis dudum fuerit canonicus vester , non videtur nobis , quod pro permutatione hujusmodi debeatis vos sibi sicut in receptione extranei , difficiles exhibere , vel ei necessitatem imponere occasione hujusmodi illuc personaliter veniendi . quia insuper pro arduis negotiis nostris quae alii ad praesens credere non possumus nec committere , necesse habuimus ipsum sine dilatione ad partes gallicanas destinare , universitatis vestrae sinceritatem affectuosè rogamus , quatenus attendentes providè quod , clericus absens de beneficio ecclesiastico ritè poterit per alium investiri , nec ullo unquam tempore reperimus aliquos in regno nostro contrarios vel rebelles in exquutione hujusmodi mandati nostri cujuscunque consuetudinis occasione vel statuti in aliquibus ecclesiis quantum cunque privilegiatis , quodque ipsius circumspectio & industria , & nobis & regno nostro perutiles & necessariae , & poterit vobis & ecclesiae vestrae esse valde fructuosa , possessionem praedictae thesaurariae procuratori suo ipsius nomine assignatis sibi stallo in choro & loco in capitulo tam favorabiliter quàm benignè , absque dispendio morae interim ad eandem thesaurariam pertinentibus integrè assignare curetis , praecipuè , cum ipse paratus sit quàm citò poterit ad partes illas commodè declinare , quicquid de jure vel consuetidine fieri debeat in hujusmodi negotio libenti animo facere personaliter & adimplere : taliter has preces nostras exaudientes , quod in agendis vestris & ecclesiae vestrae grata vobis debeamus vicissitudine respondere . caeterum quia frustroria esset nostra collatio , quod absit , nisi iis cui eam duxerimus faciendam rei collatae plena ac corporali possessione laetetur , dilecto & fideli nostro magistro joh. clarel , custodi nostro archiepiscopatus memorati , nostris literis damus in mandatis ut si vos post receptionem praesentium infra trium dierum spatium praedictum mandatum nostrum exequi neglexeritis , ipse extunc illud amoto cujuslibet difficultatis obstaculo exequatur . teste rege apud windes . die jan. per ipsum regem , johannem filium galfridi , & robertum walter . the dean & canons of the cathedral church of lincoln . petitioning the king , that they might inlarge and remove their church toward the east part thereof , the king thereupon issued this memorable writ of quod damnum , concerning it ▪ before he granted any such hcence to them . rex henrico de bathonia salutem . cum dilecti nobis in christo decanus & canonici linc. ecclesiae nobis supplicaverint , quod licentiam eis concederemus elongandi ecclesiam suam versus orientem , per remotionem muri orientalis civitatis nostrae linc. qui est ex opposito ejusdem ecclesiae . ignorantes utrum hoc fieri posset sine dampno nostro , & detrimento aut nocumento ejusdem civitatis , constituimus vos ad inquirendum per sacramentum proborum , utrum esset ad dampnum nostrum , aut detrimentum vel nocumentum civitatis praedictae si concederemus praedictis decano & canonicis quod elongare possint praedictam ecclesiam suam , & removere praedictum murum versus orientem necne ; et si esset ad dampnum nostrum vel detrimentum seu nocumentum praedictae civitatis , ad quod dampnum , quod detrimentum & quod nocumentum . et si non esset ad dampnum &c. per quae loca & per quas divisas posset praedicta ecclesia elongari & praedictus murus removeri sine dampno nostro , & detrimento ac nocumento ejusdem civitatis . etideo vobis mandamus quod in propria persona vestra accedatis ad praedictam civitatem , in praesentia majoris & ballivorum & aliorum civium ejusdem civitatis dictam inquisitionem & sicut praedictùm est , faciàtis . et quod inde inveneritis nobis in reversione vestra ad nos distinctè & apertè scire faciatis . mandavimus enim vic. nostro linc. quod ad diem &c. venice fac . coram vobis tot & tales , &c. de balliva sua per quos &c. in cujus , &c. teste rege apud westm . . die nov. king henry to ingratiate himself with rustand the popes legate besides the liveings he obtained by the popes provisions , granted him provisions out of the ecclesiastical benefices , dignities and prebendaries which should first happen in his own gift , amounting to . marks a year , to be preferred before all others formerly granted by him , one only excepted . rex omnibus &c. salutem . sciatis quod nos damus & concedimus venerabili patri p. hereford . episcopo & dilecto clerico nostro h. de wengham plenam & l●beram potestatem providendi dilecto nobis in christo magistro rustando domini papae s●bdiacono & capellano , vice nostra in primis beneficiis , ecclesiasticis dignitatibus vel praebendis nobis vacaturis in regno nostro , ad collationem nostram suspectantibus usque ad summam ccc . marcarum per annum . quam quidem provisionem omnibus aliis provisionibus a nobis concessis praeferri volumus , excepto provisione quam prius concesseramus praefato henrico fac . in dignitate vel praebenda ad collationem nostram spectante in ecclesia sarr . vel alibi in regno nostro , si eidem henrico in praedicta ecclesia sarr . per nos non fuerit provisum . in cujus &c. teste rege apud windes . . die maii. the jews of lincoln having crucified a christian child to the great dishonor and disgrace of jesus christ , the king out of his ecclesiastical supremacy and zeal to vindicate the honor of the name of jesus christ , and for the exaltation of the christian faith , appointed speciall justices , diligently to inquire of , and severely to punish this grand offence , by this patent and commission . rex &c. rogero de turkleby & nicholao de turri . salutem . quia horrible factum nuper perpetratum in civitate nostra linc. de puero christiano ibidem crucifixo in dedecus et vituperium iesu christi , toto cordis desiderio vindicari peroptamus , ad ipsius iesu christi nominis honorem , fidei christianae exaltionem , nec non et pacis nostrae conservationem , constituimus vos justic . nostros ad faciendam pleniorem inquisitionem quia fuerunt de schola peytevini magni , qui fugit pro morte dicti pueri , & de quibusdam articulis dictum factum contingentibus . et ideo vobis mandamus , quod die martis prox . ante instantem dominicam palmarum , conveniatis apud linc. ad dictam inquisitionem faciendam prout vobis nuper viva voce injunximus . mandavimus enim vic. nostro linc. quod . tam milites quam alios liberos & legales homines de propinquioribus visnet . civitati linc. & . legales & discretos cives ejusdem civitatis , una cum majore ballivis & coronatoribus dictae civitatis , per quos rei veritas in praemissis melius & plenius investigari valeat & inquiri . et omnes judaeos et judaeis qui aliquibus judaeis in eadem civitate infra biennium proximo praeteritum sunt obsecuti , dictis die et loco coram vobis venire faciatis ad dictam inquisitionem plenius faciendum . et quod ipse vic. assumptis secum coronatoribus nostris com. sui vobis ad praemissa facienda dictis die & loco assistat diligenter , ex parte nostra injunxeritis . in cujus , &c. teste rege apud norwicum . die marcii . the history of this childs crucifixon , and proceedings against the jewes upon this inquisition , is thus recorded by the continuer of mat. paris . anno quoque sub eodem , circa festum apostolorum petri & pauli , judaei lincolniae furati sunt unum puerum , hugonem nomine , habentem aetate octo annos . et cum ipsum in quodam conclavi secretissimo , lacte & aliis puerilibus alimentis nutrirent , miserunt ad omnes ferè angliae civitates , in quibus judaei degebant , & convocarunt de unaquaque civitate aliquos judaeorum , ut in contumeliam , et opprobrium iesu christi interessent sacrificio suo lincolniae habebant enim , dicebant , quendam puerum absconditum ad crucifigendum . . et convenerunt multi linc. et convenientes , constituerunt unum judaeum lincolniensem pro judice , tanquam pro pilato . cujus judicio & omnium favore , affectus est puer diversis tormentis . verberatus est usque ad cruorem & livorem , spinis coronatus , sputis ac cachinnis lacessitus . et insuper à singulis punctus cultellis , qui dicuntur anelatii , potatus felle , derisus probris & blasphemiis , & crebrò ab eisdem , frendentibus dentibus , jesus pseudo-propheta vocatus . et postquam diversimodè illuserant ei , crucifixerunt . et lancea ad cor pupugerunt . et cùm expirasset puer , deposuerunt corpus de cruce , & nescitur qua ratione eviscerarunt corpusculum : dicitur autem , quod ad magicas artes exercendas . mater autem pueri filium suum absentem per aliquot dies diligenter quaesivit , dictumque ei à vicinis , quod ultimo viderunt puerum , quem quaesivit , ludentem cum pueris judaeorum sibi coaetaneis , & domum judaei cujusdam intrantem . intravit igitur mulier subito domum illam , & vidit corpus pueri in quendam puteum praecipitutum . et cautè convocatis civitatis ballivis , inventum est corpus & extractum . et factum est mirabile spectaculum in populo . mulier autem mater pueri , querula , & clamosa omnes cives in uno convenientes , ad lacrymas & suspiria provocavir . erat autem ibidem dominus johannes de lexintona , vir quidem circumspect us & discretus , insuper eleganter literatus . quia ait : audivimus quandoque quod talia judaei in opprobrium jesu christi domini crucifixi , non sunt veriti attemptare . et capto uno judaeo , in cujus domum scilicet intravit puer ludens , & ideo aliis snspectior , air illi : miser , nescis quod te festinus manet interitus ? totum aurum a ngliae non sussiceret ●d ereptionem tuam aut redemptionem . veruntamen dicam tibi , iicet indigno , qualiter poteris vitam tuam reservare , & membra ne mutileris . utrumque tibi salvabo , si quacunque in hoc casn aguntur , sine fal si stamine mibi pandere non formides . judaeus igitur ille , cui nomen copinus , sic credens viam invenisse evasionis , respondit , dicens : domine johannes , si dictis fact a compens as , pandam tibi mirabilia . et animavit eum & stimulavit ad hoc domini johannis industria . et ait judaeus : vera sunt quae dicunt christiani . judaei ferè quolibet anno , unum puerum in injuriam & contumeliam jesu crucifigunt . sed non quolibet anno comperitur . occultè enim hoc faciunt , & loc is absconditis & secretissimis . hunc autem puerum , quem hugonem vocant , immisericorditer nostri judaei crucifixerunt , & cum objisset , & mortuum vellent abscondere , non potuit obrui in terra , nec abscondi . inutile enim reputabatur corpus insontis angurio , ad hoc enim eviscerabatur . et cum manè putatur absconditum , edidit illud terra & evomuit , & apparuit corpus aliquoties inhumatum supra terram , unde abhorruerunt judaei . tandem in puteum praecipitatum est , nec adhuc tamen poterat occultari . mater enim improba omnia perscrutando , tandem corpus inventum ballivis intimavit . dominus autem johannes tenuit judaeum vinculis mancipatum . et cum haec canonicis ecclesiae lincolniensis cathedralis innotuissent , petierunt corpusculum sibi dari , & concessum est illi . et cum ab infinitis satis consideraretur , honorificè in ecclesia lincolniensi ; tanquam pretiosi martyris , humabatur . sciendum , quod judaei tenuerant puerum vivum per decem dies , ut tot diebus pastus lacte , tormenta vivus multiformia toleraret . cum rex redisset de partibus borealibus angliae , & certificaretur de praemissis , increpavit dominum johan nem , quod tam flagitioso vitam & membra polliceretur , quod dare nequiverat . dignus enim erat blasphemus ille & homicida , mortis poena multiformi . et cum judicium reo immineret irremediabile , ait : imminet mihi mors mea , nec potest mihi dominus johannes perituro suffragari . nunc dico vobis omnibus veritatem : hujus pueri , de quo calumniantur judaei , morti consentiebant omnes ferè judaei angliae . et cujuslibet ferè civitatis angliae , in qua judaei habitant , quidam electi convocabantur ad illius pueri immolationem , quasi ad paschale sacrificium . et cum haec dixisset simul cum aliis deliramentis , ligatus ad caudam equinam , & tractus ad patibulum , aëreis cacodaemonibus in corpore & anima praesentatur . et alii judaei , hujus facinoris participes , quaterviginti & undecim , in bigis londinum ducti , carcerali custodiae mancipantur . qui si fortè ab aliquibus christianis plangerentur , ab aemulis eorum caursinis siccis lachrymis deplorabantur . posteà verò , per inquisitionem justitiariorum domini regis praeceptum fuit & inventum , quod judaei angliae communi consilio puerum innocentem , pluribus diebus flagellatum , interemerunt crucifixum . sed posteà pro iniquitate illa , matre dicti pueri contra ipsos de tali morte appellationem suam coram rege constanter prosequente , deus ultionum dominus dignam pro meritis reddidit retributionem . nam in die suncti clementis , octodecim de d tioribus & majoribus civitatis lincolniensis inerunt tracti , & ad furcas novas , ad hoc specialiter praeparatas vento praesentati . et in turri londinensi , plusquam viginti tres ad simile judicium in carcere sunt reservati . i find a * pardon granted by the king to one john a convert jew , pro morte pueri nuper crucifixi apud lincoln . ad instantiam dilecti nobis in christo fratris johannis de darbuton : ita tamen quod stet rectus in curia nostra , si quis versus cum inde loqui voluerit . the archbishop of tuam and his suffragans in ireland , complaining to the pope this year ( as they did to the * king the year before ) of divers abuses done to them and their tenants by the kings justices and bayliffs in ireland , procured a bull from the pope to excommunicate the justices and bayliffs , as well as others , notwithstanding the kings prohibition or other constitutions , thus entred in the patent rolls . omnibus praesentes literas inspecturis , johannes de camezan domini papae capellanus , & ejusdem contradictorum auditor . salutem in domino . noveritis quod cum magister michael clericus procur . venerabilium patrum archiepiscopi tuamen . & cluenferten . elsinen . cluacen . attoden . & alleden . episeoporum , suffraganeorum ejus pro ipsis impetrasset literas apostolicas sub hac forma . alexander episcopus , &c. venerabili fratri episcopo , & dilectis filiis decano & archidiacono finabarun . salutem , &c. ex venerabilium fratrum nostrorum archiepiscopi tuamen . & cluenferten . & elfinen . cluacen . attoden . & aladen . episcoporum , suffraganeorum ejus conquestione didicimus , quod johannes filius grottefridi nunc hyberniae justitiarius , richardus de rochella , johannes dictus cumyn . milites , & quidam alii ballivi charissimi in christo filii nostri regis anglorum illustris , contra personas ecclesiasticas eisdem archiepiscopo & episcopis subditis ob crimen vel suspicionem criminis , & interdum ad suggestionem malevolam aliquorum privatas inquisitiones faciunt , ipsos non convictos nec confessos , nequiter capiunt , tradunt in vincula , & sub detentione sacrilega carceralibus tormentis affligunt . cumque illos repetit ecclesiasticus iudex suus , ut ejus subjiciantur iudicio cui cadunt , tunc demum eos obtinet sibi reddi cum eorum detentoribus sacrilegis , certam exhibuerunt cautionem vel literas patentes ipsius quod in certo termino eaedem personae coram judice compareant saeculari , ut ibi defendant in forensi strepitu causas suas . quia igitur in hiis plurimum libertas ecclesiastica conculcatur , ac ideo non decet nos ea conniventibus oculis pertransire , discretioni vestrae per apostolica scripta mandamus , quatenus cognita super hiis diligenter veritate , ballivos ipsos quod ab hujusmodi praesumptionibus conquiescant monitione praemissa , per censuram ecclesiasticam appellatione postposita compescatis , non obstante prohibitione regia , vel constitutione de duabus dietis edita in concilio generali , dummodo ultra tertiam vel quartam aliqui extra suam diocaesim authoritate praesentium ad iudicium non trahantur . quod si non omnes , &c. tu frater episcope , &c. dat. anagniae in non. decembris , pontificatus nostri anno primo . the kings proctor at rome being informed of this bull , protested against the clauses in it relating to the kings * justices and bayliffs , as contrary to the kings prerogative ; whereupon the adverse party were contented to waive that clause , and that it should not be extended to them to their prejudice , as this entry under it in the patent roll demonstrates . eisdem literis finatus domini papae subd . & robertus de baro , procur . illustris regis angl. pro justic . ballivis , praepositis , & offic. ipsius , in audientia publica contradixerunt : timentes dictum johannem justic . richardum de rochella , & alios in litera ipsa contentos per hujusmodi literas , & non contentos in ea per illam generalem clausulam quidam alii conveniri . quas tandem ea conditione absolverunt , quod dicti johannes filius gottefridi nunc hyberniae justic . richardus de rochella , johannes dominus cumyn . milites , & alii justiciarii , ballivi , praepositi , & officiales regis , ejusdem ratione offcii non conveniantur , nec eis per praedictas literas praejudicium aliquod generetur , nec ad ipsos eaedem literae ratione praedicta aliquatenus extendantur . quod pars altera promisit sponte , et acceptavit solenniter coram nobis . in cujus rei testimonium praesentes literas fieri fecimus & nostro sigillo muniri . dat. lateran . non. decembris , pontificatus domini alexandri papae quarti , anno primo . at the same time the archbishops proctor procuring a bull from the pope , for the bishops in ireland to hold plea of all advousons and rights of patronage , as belonging properly to ecclesiastical courts , and to excommunicate the kings justices and bayliffs who should hold any plea of them in the kings temporal courts , notwithstanding the kings prohibitions ; the kings proctors at rome opposed those clauses , as prejudicial to the kings crown , courts , justices , officers : whereupon it was then agreed by the adverse party , that they should not be extended to them , thus entred in the patent rolls . omnibus praesentes literas inspecturis , johannes de camezan domini papae capellanus , & ejusdem contradictorum auditor . salutem in domino . noveritis quod cum magister michael clericus procur . venerabilium patrum archiepiscopi , & suffraganeorum ecclesiae tuamensis pro ipsis impetrasset literas apostolicas sub hac forma . alexander episcopus , &c. venerabili fratri episcopo , & dilectis filiis officiali & archidiac . finabarun . salutem , &c. molesta nostris auribus venerabilium fratrum nostrorum archiepiscopi & suffraganeorum ecclesiae tuamensis venit assertio , videlicet , quod mauritius filius giraldi , walterus de burgo , richardus de rochella , mylerus de bremingth . johannes de cotton , milites , & quidam alii ballivi reg●● in hibernia non attendentes , quod jus patronatus adeo est ▪ spiritualibus causis annexum ut ad ecclesiasticum debeat iudicium pertinere , ipso emergente , super hoc et aliis etiam ad eorundem archiepiscopi et suffraganeorum forum spectantibus quaestiones coram se in forensi faciunt strepitu ventilari , et matrimonialibus ac testamentariis duntaxat quaestionibus eorundem archiepiscopi et suffraganeorum judicio reservatis , eis cognitionem aliorum omnium interdicant , in salutis propriae detrimentum , subversionem iustitiae ac derogationem * ecclesiae libertatis . quia igitur in hiis periclitatur evidentius animae suae salus , discretioni vestrae per apostolica scripta mandamus , q●arenus si est ita , eosdem ballivos , quod ab eorundem archiepiscopi et suffraganeorum injuriis conquiescant , monitione praemissa per censuram ecclesiasticam appellatione remota , veritate cognita , compescatis , non obstante prohibitione regia , vel constitutione de duabus dietis edita in concilio generali , dummodo ultra tertiam vel quart●m aliqui extra suam diocaesim authoritate praesentium ad iudicium non trahantur . quod si non omnes , &c. tu frater episcope cum eorum altero , &c. dat. lateran . non. decembr . pontificatus nostri anno primo . e●sdem literis finatus domini papa subd . & robertus de baro , procur . illustris regis angliae pro justiciariis , ballivis ▪ praepositis , & officialibus dicti regis , in audientia publica contradixerunt : timentes dictum mauritium , walterum de burgo , & alios in liter● ipsa contentos per hujusmodi literas , & non contentos in ea per illam generalem clausulam , quidam alii conveniri . quas tandem ea conditione absolverunt , quod dicti . mauritius filius giraldi , walterus de burgo , richardus de rochella , mylerus de bremingth . johannes de cotton , milites , & alii justitiarii , ballivi , praepositi , & officiales ejusdem regis in hibernia , ratione officii non conveniantur , nec eis per praedictas literas praejudicium aliquod generetur , nec ad ipsos eaedem literae ratione dicti officii aliquatenus extendantur . quod pars altera promisit sponte et acceptavit solenniter coram nobis . in cujus rei testimonium praesentes literas fieri fecimus & no●ro sigillo muniri . dat. lateraen . pridie idus decembris , pontificatus domini alexander papae quarti anno primo . the bishop of ely being content to go embassador into spain about the kings important affaires , was sued before the popes delegate by some of the popes merchants for . marks principal , and . marks interest , and threatned to be tryed and excommunicated by others of them for the like sum in court christian , for which debts he and others were obliged to the said merchants by the pope and his agents , without their privity , for the kings use . the bishop thereupon resused to go embassador , unlesse the king would first free him from these debts and suits ; whereupon he issued these letters patents to his treasurer , to satisfie these merchants out of the first monies received in the exchequer at michaelmas following . rex philippo luvell , & edwardo de westm . salutem . cum venerabilis pater w. elyensis episcopus , ad magnam instantiam nostram nobis concesserit , se iturum in nuncium nostrum in hispaniam , pro urgentibus negotiis nostris , injunximus . et gentilis gentil ▪ fredericus , orlandi , & eorum socii mercatores senen . ipsum episcopum trahant in causam coram magistro alex. de ferentin . iudice a domino papa delegato , super trecentis marcis de sorte , et centum marcis de interesse : et matthaeus reynerii , jacobus thesy , & socii sui mercatores senen . eundem episcopum proponant in curia christianitatis , super consimili pecuniae quantitate : in quibus quidem debitis dictis mercatoribus tenemur , et pro quibus idem episcopus , vos et quidam alii clerici nostri familiares dictis mercatoribus pro nobis estis obligati . ac idem episcopus assumptum iter versus hispaniam nolit arripere nisi indemnitati suae in hac parte ante iter arreptum fuerit prospectum . vobis mandamus , quod sicut nos & honorem nostrum diligitis , erga ipsos mercatores taliter sine dilatione laboretis , quod idem episcopus ab exactione totius debiti penitus liberetur . volumus enim & vobis mandamus , quod eisdem mercatoribus de primis denariis receptis ad scaccarium sancti michaelis instantis de praedicto debito ad liberationem nostram & vestram satisfiat . et hoc pro nullo mandato nostro vobis directo vel dirigendo omittatis . ita vos habentes in hac parte ne per defectum iter dicti episcopi retardetur ulterius , per quod dictus episcopus ad nos vacuus revertatur , & exinde irreparabile dispendium incurramus . et ut securius & celerius istud negotium faciatis , mittimus vobis super hoc literas nostras patentes . teste rege apud clarendon , . die julii . it seems there issued an attachment against the bishop of worcester , for not absolving the sheriff of worcester and his bayliffs upon the premised * prohibition ; whereupon the bishop condescending to absolve them for a time , the king superseded the attachment by this writ . quia w wygorn . concessit relaxare usque in quindenam paschae proximo futuram , sententias excommunicationis latas in quosdam ballivos vic. wygorn . occasione quarundam districtionum quas fecerunt in terris praedicti episcopi , ut dicitur , rex etiam concessit quod districtiones quae fiunt pro ipso episcopo attachiando occasione praedicta relaxentur . et mandatum est vic. praedicto , quod districtiones quae fiunt pro attachiamento praedicto interim faciat relaxari in forma praedicta . teste rege apud sanctum albanum . die februarii . the bishop of hereford having been the original contriver of all the * forged obligations to the pope for great sums of money , wherein other bishops , abbots , priors and covents were obliged to the popes usurers in what vast sums he pleased , without their privity ; and the popes and kings prime instrument to levy the dismes and other exactions pretended to relieve the holy land , like a cunning decoy , caused himself and his church to be obliged in the sum of marks to the popes usurers , to palliate his fraud , but yet procured this special writ from the king , and bull from pope alexander , to reimburse these monies out of the dismes he should collect in england and ireland , and to levy them with severity , when as all other bishops , abbots , were enforced to pay their forged obligations as just debts , without any relief at all . rex magistro laurentio de somercote , salutem . cum venerabilis pater p. hereford . episcopus , à domino papa existat ad colligendam pecuniam decimae nobis concessae , & etiam obventiones redemptionum votorum crucesignatorum in hibernia ; ac idem episcopus in curia romana nuper de mandato domini papae et cardinalium , obligaverit se et ecclesiam suam heref. pro quatuor millibus marc. quas mutuo recepit a spilleto et eymero combii eorumque sociis florent civibus et mercatoribus , pro expeditione negotii regni siciliae edm. nato nostro concessi . ac idem dominus papa indempnitati ipsius episcopi et ecclesiae suae heref. prospicere volens in hac parte , mandaverit eidem episcopo , quod decimas et obventiones redemptionum votorum in hibernia et in episcopatibus wygorn , hereford et coventr civitat . et dioc. recipiat et retineat donec sibi et ecclesiae suae praedictae usque ad summam praedictorum quatuor millium marcarum plene fuerit satisfactum : . , . , nos mandatum domini papae pro exoneratione dicti episcopi & ecclesiae suae in hac parte gratum habentes , vobis duximus significandum , quod placet nobis , quod eidem episcopo de praedictis decima & obventionibus usque ad summam praedictam juxta mandatum apostolicum plenariè satisfiat . in cujus , &c. teste rege apud wodestock die februarii . the popes bull for this purpose was hereunto subjoyned . alexander episcopus servus servorum dei , venerabili fratri episcopo hereford . salutem & apostolicam benedictionem . lic●● nos tibi per ahas nostras sub certa forma demus literas in mandatis , ut decimam omnium ecclesiasticorum proventuum tàm archiepiscopalium & episcopalium , quàm etiam cathedralium & aliarum ecclesiarum , ac monasteriorum exemptorum & non exemptorum , charissimo in christo filio nostro illustri regi angliae , usque ad certum tempus ab apostolica sede possessam pro subsidio terrae sanctae , necnon redemptiones votorum crucesignatorum , postquam per deputatos ad hoc à sede apostolica à vobis hujusmodi fuerint absoluti , & legata indistinctè , ac obventiones ex quacunque causa hujusmodi provenientes subsidio in hibernia & wigernia , hereford . & coventr . civitatibus & dioc. per te vel per alium seu alios integrè colligere , ac in aliquibus tutis locis deponere , atque ad opus ipsius regis conservare procures . quia tamen te et ecclesiam tuam indempnes conservare volumus , super summa quatuor millium marcarum sterlingorum quam de nostro et fratrum nostrorum mandato , pro expediendis quibusdam negotiis praedicti regis , a spilleto et eymero combii eorumque sociis florent . civibus et mercatoribus mutuo recepisti , te ipsis propter hoc & praedictam ecclesiam obligando , prout in instrumento publico super hoc confecto plenius dicitur contineri ; fraternitati tuae retinendi tamdiu ea omnia quae de praedictis decima , redemptionibus , legatis & obventionibus earundem hibern . civitatum & dioc. percipere te continget , donec tibi ac praefatae ecclesiae de praedicta quatuor millia marcarum summa , damnis , expensis , quae propter hoc incurres , ac etiam interesse pro parte regis praedicti fueriy plenariè satisfactum . necnon & contradictores super hoc per censuram ecclesiasticam , appellatione postposita , compescendi plenam & liberam concedimus authoritate praesentium potestatem , non obstante si personis aliquibus a sede apostolica sit indultum , quod interdici , suspendi , vel ercommunicari non possint per literas apostolicas , plenam et expressam aut de verbo ad verbum non facientes de indulto hujusmodi mentionem . dat. neapoli kal. mai● , pontificatus nostri anno primo . no wonder then if the continuer of matthew paris renders us this account of this bishops imployment this year , instead of preaching gods word , and discharging his episcopal duty , which he neither minded nor prosecuted . episcopus herefordensis , non considerans reipublicae utilitatem , sed quae sua esse possent , investigans , de licentia papae & regis , decimam sibi collegit in finibus hiberniae & partium conterminarum : videlicet non minimam pecuniae quantitatem , quam pretium sui laboris reputavit , et suae praemium proditionis , fecitque ipsam sibi tam districte colligi , ut pudor prohibuerat modum extorquendi recitare . et quia fraus metu carere non consuevit , meticulosus armatis , & armatus vallatus incessit . how diligently the dismes , profits of benefices , dispensations of vows , pretended to be granted for relief of the holy land , were collected , though diverted to other ends by the popes and kings commands , for obtaining the kingdom of sicily for edmund the kings son , and satisfying the popes usurers and agents such sums as the pope prescribed , with some other matters and proceedings concerning it , will appear by these ensuing records . rex omnibus , &c. salutem . cum negotium gratiae crucis , & etiam decimae proventuum ecclesiasticorum beneficiorum nobis à domino papa concessae , de consilio nostro dilecto nobis in christo abbati de flexle sit specialiter commissum : vobis mandamus , quatenus cum ex parte ipsius abbatis super expeditione negotii memorati fueritis requisiti , consilium & juvamen vestrum adeo efficaciter praebeatis eidem , quod diligentiam vestram nobis sentiamus fructuosam , & quod eam merito debeamus commendare . in cujus , &c. teste rege apud winton . die junii . rex dilectis fibi magistris barn. de sen. domini papae subd . & capellano & w. de litchsield , canonico sancti pauli london . & w. de plumpton , ejusdem domini subd . & capellano clerico suo salutem . mandavimus vobis quaten●s omni occasione remota tradatis dilecto nobis phil. lovell , thesaurario nostro ●● . marcas de pecunia crucis & de decima quae est in vestra custodia per visum fratris i de kanc. de ordine minorum . volumus enim & mandamus , quod idem thesaurarius noster praefaram pecuniam vobis postpositis omnibus aliis negotiis sine dilatione restituat de primis denar . quos recipiat . ad scaccarium nostrum de instanti termino sancti mich. futuro . et promittimus vobis super hoc penitus indempnes conservare . teste rege apud westm . . die septembris . in praesentia regis . per richardum com. glouc. & hertf. & johem . mansell , henr. de bathon . & magistrum johan . mansell . rex eisdem salutem . cum dominus papa nobis mandaverit , quod faciamus solvi mayneto spinae , petro bonentcaso , & rusticello cambii , vel eorum alicni sociis spillati duo millia marcarū sterlingorū , carlino vero gilberto , & jacobo devanzati , vel eorū alteri sociis ejusdem reynerii , totidem , ac aldebrando aldebrandini , & raynerio bonacursi , aut alteri eorum soc. rollandi praedicti tantundem , suo nomine de pecunia sive de decima proventiium ecclesiasticorum nobis ab apostolica sede concessa , vel redemptionibus votorum crucesignatorum , seu ex alia quacunque causa . et raynerus barboti , & henricus hermini , cives & mercatores nostri sen. pro se & sociis suis quibus cadem decima , & nos pro facto regni sicil. sumus in quibusdam aliis summis obligati se opponant , vobis de voluntate praedictarum societatum mandamus , quatenus praefatis societatibus , pro evitandis eorum clamoribus , aequales solutiones faciatis de praedicta pecunia , donec praedicta sex millia de quibus mandavit nobis dominus papa fuerint persoluta , et aliis mercatoribus nostris alia sex millia de pecunia memorata . teste ut supra . in praesentia regis emanarunt ista duo paria literarum ▪ & per r. com. glouc. johannem mansell , henr. de bathon . & magistrum johannem mansell , & ista duo paria literarum tradita fuerunt philippo lovell . these papal exactors , levying this disme upon poor hospitals , the king upon complaint , respited the collecting of it from them , till further advice therein , by this writ . quia rex exactionem decimae regi à sede apostolica concessae , de bonis pauperum hospitalium regni angliae posuit in respectum donec aliter inde providerit ; mandatum est priori sancti andreae north. commissar . magistri rostandi negotii crucis executoris , quod exactionem quam facit magistro & fratribus hospitalis sanctae mariae magdalanae de saundon , de decima praedicta , praedictum hospitale contingente , ponant in respectum usque ad quindenam sancti michaelis instantem , ut rex tunc super hoc consilium habeat . teste rege apud woodst . . die august . the king and rustand being jealous that robert de winton , one of rustands deputies , would cheat them of the disme collected , superseded his commission by this writ . rex episcopo cicestren salutem . licet magister robertus de winton . qui se gerit pro commissar . magistri rustandi negotii crucis executoris , ex parte nostra & per dilectos nobis in christo magistrum willielmum de litchf . & magistrum nicholaum de plumpton , comissar . praedicti magistri rostandi in negotio praedicto sufficienter esset monitus , ut nisi de pecunia crucis quam idem robertus tempore suae commissionis collegerat , & de actis & aliis hujusmodi negotium tangentibus primo poneret rationem , cum praefatis magistris willielmo & nicholao , commissioni quam ab eodem magistro rostando , super praedicto negotio crucis se habere praetendit , penitus supersederet , idem tamen robertus spretis monitionibus praedictis se transtulit ad episcopatum vestrum , & ibidem magnam pecuniam terrae sanctae subsidio deputatam , dicitur collegisse . quia vero pecunia per eum collecta & penes ipsum deposita videtur fortunae & periculo subjacere ; vobis mandamus , quod nullatenus sustineatis quod praefatus magister robertus de caetero in episcopatu vestro se intromittat de negotio praedicto , & pecuniam per ipsum in diocesi vestra collectam ubicunque in eodem diocesi reposita fuerit salvo custodiri procuretis , ita quod praedictus robertus de caetero ad eam manus non apponat , & quod nobis seu collectoribus decimae supradictae inde possit integrè & sub securitate responderi . teste rege apud glouc. . die julii . et mandatum est vic. su●ht . quod domos & omnes possessiones quas praedictus robertus habet apud wintoniam , & alibi in balliva sua capiat in manum regis , & eas salvo custodiat donec rex aliud inde praeceperit . teste rege apud glouc. . die julii . et mandatum est vic. sussex . quod si ipsum robertum in balliva sua contigeret inveniri , eum arrestari faciat donec a rege aliud super hoc habuerit mandatum . teste ut supra . the king issued these letters to promote this disme in gascoign , gernsey , jersy , oleron and wales . rex archiepiscopis , abbatibus & prioribus , & omnibus aliis ecclesiarum praelatis , comitibus , baronibus , militibus , & omnibus aliis ballivis & fidelibus suis wascon . & insularum de geres ▪ gerner , & oleron , salutem . mittimus ad partes vestras dilectum clericum nostrum magistrum gilbertum millers , executorem negotii crucis , super collectione decimae nobis a domino papae concessae in subsidium terrae sanctae . universitatem vestram rogantes et exorantes in fide et dilectione quibus nobis tenemini , quatenus ob amorem crucifixi , cujus negotium principaliter attenditur in hac parte , et nostrae prosequutionis instantia , praefato magistro et collegis suis expeditionem et promotionem , istius negotii efficaciter assistatis consilium et juvamen vestrum , ita curialiter & diligenter impendentes eidem , quod exinde mereatur vestrae promptitudinis devotio commendari . in cujus &c. teste rege apud westm . . die novembris . rex episcopis , abbatibus , prioribus , comitibus , baronibus , vicecomitibus ballivis , & aliis fidelibus suis per walliam constitutis salutem . cum negotium nostrum tam de collectae decimae proventuum ecclesiasticorum totius walliae , quam de omni alia pecunia terrae sanctae debita , & nobis pro executione voti nostri ab apostolica sede concessa , commissum sit de concilio nostro religioso viro abbati de flexley , vos attentè rogamus & affectuosè requirimus & mandamus , quatenus sitis ei in auxilium ad colligendum & levandum hujusmodi pecunias in wallia , ad opus nostrum , maxime contra illos qui non permittunt se per censuram ecclesiasticam justiciari , praestantes eidem consilium , auxilium et securum conductum per terras et ballivas vestras cum ab eo fueritis requisiti . tantum super hoc facientes , quod fidem & devotionem vestram debeamus proinde meritò commendare . teste meipso apud westmonasterium . die octobris , anno regni nostri . rex dilectis sibi in christo magistris bernardo de sen. domini papae subdiacono & capellano , w. de litchfield , canonico sancti pauli london . & n. de plumpton ejusdem domini papae subdiacono & capellano clerico suo salutem . mandamus vobis attentè rogando quatenus secundum formam commissionis vobis factae à discreto viro magistro rustando , domini papae subdiacono et capellano , negotii crucis executore , exactissimam recipientes rationem a collectoribus decimae et pecuniae crucis singularum diocesium nobis a sede apostolica concessae ▪ detis nobis distincte et aperte scire proximo festo beati edwardi quantum ascendit hujusmodi pecunia et decima in quolibet episcopatu , et qualiter inde responderunt , et quomodo super hoc se habuerint praedicti collectores . , teste rege apud westm . . die augusti . anno regni . rex magistris willo . de res , & alexo de sabaud . commiss . venerabilis patris p. heresord . episcopi in wygorn . convent . & hereford . civitatibus & diocesibus super negotio crucis , salutem . mandamus vobis in fide et dilectione quibus nobis tenemini firmiter injungentes quod ad mandatum praefati episcopi nulli parcendo compellatis . templar . hospit . et cistercien . praedictarum civitatum et diocesium ad solutionem decimae parochialium ecclesiarum , quas in proprios usus tenent tanquam privatae personae et exactioni decimae caeterorum bonorum eorundem religiosorum supersedeatis omnino , donec inde a praedicto episcopo receperitis aliud in manvatis . in cujus , &c. teste rege apud l●debir . . die augusti . sub eadem forma mandatum est magistro laur. de samkac . commissar . praedicti episcopi in hibernia super negotio crucis . teste ut supra . rex omnibus &c. sciatis nos mutuo recepisse à mayneto spyne , hugotio marcii , carlino gumberti , & sociis suis civibus & mercatoribus florenc . . marcas sterlingorum ad expensas abbatis westm . & quorundam aliorum nunciorum nostrorum quos nuper ad curiam , romanam misimus , et ad quaedam debita in eadem curia nomine nostro solvenda . quae quidem duo millia marcarum , eisdem mercatoribus solvi mandavimus per abbatem de fontibus & collegam suum collectores decimae nobis concessae in provincia eborum , de eadem decima . ita quod facta eisdem mercatoribus solutione eorundem duorum millium marcarum per abbatem praedictum & collegam suum , praesentes literae nobis sine dilatione restituantur ab eo tempore in nullo postmodum valiturae . quod si praedictus abbas & collega suus praedicta duo millia marcarum praedictis mercatoribus infra octab●s sancti johannis baptist. anno &c. . non reddiderint , volumus quod iidem mercatores praedicta duo millia marcarum recipiant de exitibus archiepiscopatuum , episcopatuum , abbatiarum , & prioratuum primo vacaturorum in regno nostro & ad manus nostras devenientiū , & exitus praedictos eisdem mercatoribus obligamus . ita quod nihil inde in usus alios convertamus , nec inde aliter ordinare vel eos aliis obligare valeamus , donec eisdem mercatoribus de dilectis mm. marcarum inde plenius fuerit satisfactum . in cujus &c. per regem & consilium suum . rex archiepiscopis , episcopis , abbatibus , prioribus , vicecomitibus , & omnibus ballivis , &c. cum dilectus nobis magister rostaldus , domini papae subdiaconus & capellanus negotii crucis executor , à sede apostolica deputatus , de consensu & voluntate nostra commiserit dilectis nobis magistro berardo de ses , magistro willilielmo leychesfind , & magistro nicholao de plumpton , vices suas tam super decima nobis concessa , quam super negotio crucis . vobis mandamus rogantes quatenus eisdem magistro berardo , magistro willielmo , & magistro nicholao , in hiis quae decimam praedictam & negotium crucis contingunt amore nostri auxiliantes sitis & consulentes quoties ab eis fueritis requisiti , pro quo vobis grates scire debeamus speciales . teste meipso apud westmonasterium . die junii . rex omnibus &c. sciatis quod compositionem matild . quae fuit uxor hervici bode , & henricus , & johannes filii ipsius hervici , executores testamenti ipsius hervici , fecerunt cum dilecto nobis magistro rostando , subdiacono & capellano domino papae negotio crucis executore , super indistincte legat , nobis à domino papa concessis per xl . marcas ad opus negotii quod assumpsimus , ratum habemus & acceptum . in cujus &c. rex militibus & liberis hominibus & omnibus aliis tenent . de domo militiae templi in anglia , salutem . qui flebili eventui christianitatis terrae sanctae quā christus suo sanguine consecravit , pie non compateretur , merito non esset cenendus christianus . cum igitur inter universas et singulas domos religiosas totius orbis , praedicta domus templi fortius gravetur et gravius damnificetur propter defensionem terrae sanctae , et dolenti capiti singula membra compati teneantur ; universos et singulos vos duximus exorandos , quatenus de necessitate virtutem faciens , ad id gratis concedentes , ad quod si necesse foret compelli deberetis , ita efficax auxilium praefatae domui facere concedatis , quod tam apud deum quam homines possitis inde merito commendari , ( although those who thus gros●ly cheated them of their money designed onely for the business of sicily , and the popes and kings coffers , deserved no commedation from god or men ) et a nobis favorem et gratiam promereri debeatis . ad quod eo fortius tenemini quo per libertates domus praedictae , potius defensi estis et specialiter muniti . teste rege apud sanctum albanum , . die februarii . sub hac forma processerunt . paria literarum . the king fearing least rustand and the popes agents , imployed in collecting the disms and monies granted him for relief of the holy land , should dispose thereof to the popes merchants at their pleasure ▪ without his privity , issued this prohibition and mandate to them . rex magistro rustando subdiacono & capellano domini papae , & fratri johanni de kanc. ordinis fratris minorum , executoribus negotii crucis à domino papa deputatis , salutem . quia de intentione et voluntate domini papae , super pecunia negotii crucis nondum nobis plenius constat , et per nuncios nostros quos ad curiam romanam pridem misimus inde in brevi credemus certiorari , vobis mandamus firmiter injungentes , ac districtius prohibentes , ne de pecunia crucis undecunque proveniente collecta vel colligenda , seu etiam de decima beneficiorum ecclesiasticorum alicui mercatorio vel alii aliquo modo aliquid liberetis , set totam illam pecuniam undecunque provenientem , in aliquo tuto loco reponi fac . per visum dilectorum et fidelium nostrorum philippi luvel . thesaurarii nostri , et edmundi de westmonasterio , donec de intentione et voluntate dicti domini papae super eadem pecunia nobis plenius innotescat . et hoc sicut protectione et defensione nostra gaudere velitis nullatenus omittatis . in cujus , &c. teste rege apud merton . . die aprilis . per johannem priorem de novo burgo . rex omnibus &c. salutem . cum dilectus nobis magister robertus de totten , deputatis sit , à magistro rustando , subdiacono domini papae & capellano , negotio crucis erecutore ad colligendum legata et obventiones nobis in subsidio terrae sanctae concessas in diocesibus , sarr . bathon . & wellen. & exon. vobis mandamus quod eidem magistro ad hoc auxiliantes sitis & consulentes cum ab eo fueritis requisiti , non inferentes ei , vel inferri permittentes injuriam , molestiam , dampnum aut gravamen . in cujus , &c. teste ut supra . the king this year fearing some designs against him from rome , issued this memorable writ to the barons and bayliffs of dover , and to the wardens of the cinque-ports , not to permit any clerk to passe out of their respective ports beyond the seas , unlesse he would first take an oath , that if he went to the court of rome , he should demand nor require nothing against the kings crown and dignity , nor the popes grant or ordinance concerning the realm of sicily . mandatum est baronibus & ballivis regis dovor . quod non permittant aliquem clericum per portum dovor . transfret . nisi prius juret , quod si curiam romanam adierit , nihil impetrabit contra regem super facto regni sicilii nec super ordinatione inde facta per dominum papam , nec etiam super aliis contra coronam vel dignitatem regis angliae . teste rege apud woodestock . . die februarii , eodem modo mandatum est , rogero de cobham , custodi quinque portuum , ne permittat aliquem clericum trasfr . per aliquem praedictorum quinque portuum nisi , &c. teste ut supr● . upon what obligations and conditions the pope granted the kingdom of sicily to edmund the kings son , and what oath he exacted from him , appears by this patent , authorizing edmund to make such obligations and oath to the bishop of bononia , the popes legate , on the popes behalf , in the kings and edmunds name , as were required . rex universis praesentes literas inspecturis , salutem . cum sanctissimus pater & dominus alexander papa quartus edmundo nato nostro regi sicil. regnum sicil. & totam terram quae est citra farum usque ad confinia terrarum ecclesiae romanae , cum omnibus juribus , honoribus , districtibus , & pertinentiis suis , excepta civitate ben●vent . cum ipsius juribus & pertinentiis universis de fratrum suorum consilio & assensu in feod . duxerit concedend . sub quibusdam conditionibus , quae in apostolico privilegio confecto , super concessione hujusmodi continentur . inter quas duae conditiones habentur , ad quarum alteram implendam juramento , ad reliqua vero promissione interposita edmundum primogenitum nostrum , memoratus dominus obligari nos dicto edmundo promittendi uenerabili patri fratri jacobo bonon . episcopo , ipsius domini papae nuncio , et obligandi se ipsi domino papae et romanae ecclesiae et juramentum praestandi pro praedictis conditionibus adimplendis per has patentes literas plenam authoritatem concedimus et liberam potestatem . in cujus rei testimonium praesentem paginam fecimus nostri sigilli munimine roborari . dat. apud windes . anno domini . indictione . pridie calend. decembris , regni autem nostri anno . per ipsum regem , episcopum heref. com. glouc. fratres domini regis , johannem mansell , & alios de consilio domini regis . edmund to ingratiate himself with the cardinals at rome to promote his affairs in sicily , granted one of them power to give an annual pension out of the escheats thereof , amounting to one hundred ounces of gold , to a florentine kinght , before he had possession thereof , being cheated by these roman harpies on all hands , to his grand dishonor . edmvndvs dei gratiâ rex siciliae , universis praesentes literas inspecturis , salutem . noveritis quod nos de assensu & voluntate domini h. regis angliae illustris patris nostri , dedimus & damus venerabili patri domino j. titulo sancti laurentii in lucina presbytero cardinali , potestatem & speciale mandatum providendi vice nostra dilecto militi nostro bartholomaeo de florentino de excaetis in regno siciliae usque ad centum uncias auri annui redditas , tenendas & habend●s eidem barthol quoad vixerit , dominicis ejusdem regni duntaxat exceptis . in cujus rei testimonium , quia sigillum nostrum ad manus non habuimus , sigillo praedicti domini regis patris nostri has literas fecimus communiri . dat. london . in octab. epiphaniae . the king by his letters patents this year constituted two distinct proctors in the court of rome , concerning the affaires of the kingdom of sicily , and other occasions there to be transacted . sanctissimo in christo patri domino alex. dei gratia summo pontifici , henr. eadem gratia rex angliae , &c. salutem , cum omni reverentia & honore . noverit sancta paternitas vestra , quod nos constituimus , facimus & ordinamus robertum de baro vassallum nostrum , procuratorem nostrum in curia romana , ad impetrandum & contradicendum , gratias & indulgentias petendum , tàm pro nobis quàm pro edmundo inclyto rege siciliae nato nostro in nostra potestate existente , ratum habituri , & firmum quicquid per ipsum nostro & praedicti regis nomine in curia vestra , super praemissis factum fuerit vel etiam procuratum . nolumus tamen , quod per praesens mandatum intelligatur , mandatum factum magistro finato aliquatenus revocatum . in cujus , &c. teste rege apud windes . die novembris , anno , &c. . & anno domini . per. p. hereford . episcopum . sanctissimo , &c. ut supra . noverit sancta paternitas vestra ▪ quod nos constituimus , facimus & ordinamus magistrum finatum procuratorem nostrum in curia romana , ad impetrandum & contradicendum , gratias etiam & indulgentias petendum ; ratum habituri , & firmum quicquid per ipsum nomine nostro in curia vestra ▪ super praemissis factum fuerit vel etiam procuratum . nolumus tamen per praesens mandatum intelligi , mandatum factum roberto de baro aliquatenus revocatum . in cujus , &c. teste rege apud windes . anno regni nostri . per p. hereford . episcopum . the king having borrowed . pounds turon ▪ of the bishop of bononia , expended in obtaining the kingdom of sicily for his son edmund , sent this writ to the abbot , prior and covent of westminster to pay it out of the croysado monies , according to the popes command , or to give bond to secure rustand the popes agent , if he payd it ▪ which he promised duly to satisfie , and likewise writ to the pope to allow the payment thereof . rex priori & conventui westm . salutem . cum de pecunia crucis nobis à sede apostolica concessa teneamur episcopo bonon . in . libris turonens . quas idem episcopus posuit pro facto regni siciliae concessi edmundo filio nostro , & de quibus eidem episcopo solvendis de praedicta pecunia crucis speciale mandatum domini papae recepimus , et nos praetextu ejusdem mandati mandaverimus magistro r. executori negotii crucis , quod eidem episcopo de pecunia crucis habere faceret usque ad praedicta quatuor millia librarum turonens . idemque magister r. pecuniam illam eidem episcopo solvere haesitavit , et quod mandatum apostolicum super hoc non receperat , & nos rogaverit , quod per aliquos viros religiosos regni nostri securitatem de indempnitate sua in hac parte conservanda sibi faceremus exhiberi , nosque dispendium non modicum incurrere poterimus , nisi eidem episcopo celerius satisfiat de praedictis quatuor mill . libr. turon . praesertim cum dictus episcopus jam sit in procinctu itineris proficiscendi ad curiam romanam , pro arduis negotiis nostris : de devotione vestra prae caeteris viris religiosis regni nostri pleniorem fidutiam reportantes , vobis in fide & dilectione quibus nobis tenemini ▪ & sicut nos & honorem nostrum diligitis , mandamus rogantes , quatenus dictam cautionem una cum abbate vestro cui id mandavimus , per obligationem quam idem magister r. a vobis requisierit , sine ulla dilatione praestetis , & nos per literas patentes vel alio modo prout providendum duxeritis , indempnitati vestrae super praemissis providebimus . teste rege apud clarendon , vicesimo nono die decembris . eodem modo mandatum est abbati westm . et mandatum est magistro rustando , quod facta solutione praedicto episcopo de praedictis quatuor mill . libr. turon . literam papalem de solutione illa regi directam quam idem episcopus penes se habet cap. ab eodem episcopo , ut r. inde possit respondere . et hoc non omittat . teste ut supra ▪ sanctissimo , &c. summo pontifici , h. eadem gratia rex angliae , salutem , & devota pedum oscula beatorum . cum vir laudandae prudentiae magister rustandus capellanus vester , ad mandatum nostrum venerabili patri bonon . episcopo , de quatuor millibus librarum turonens . satisfecerit pro quibus dicto episcopo solvendis vestras nobis speciales locas miseratis . sanctitatem vestram devota affectione rogamus , quatenus solutionem praedictam gratam & ratam habentes ejusdem magistri rustandi petitionem super hoc beatitudini vestrae directam secundum tenorem petitionis ipsius exauditionis gratiam admittatis . teste , &c. by which it is evident , that the pope had a greater interest and share in this disme then the king , who could dispose of none of it but by his and rustands consents . he likewise issued this mandate to the sheriff of kent , to provide a speedy passage at dover for rustand the popes agent , and to defray the charges of it , which should be allowed him . mandatum est vic. kanc. quod magistro rustando domini papae subdiacono & capellano , revertenti ad curiam romanam faciat habere festinum passagium suum in portu dovor . et cum rex sciverit custum quod ad passagium illud posuerit , faciet e● allocari . teste rege apud westm . die junii . how egregiously pope alexander and his cardinals exacted upon , abused and cheated king henry in the businesse of sicily , which he pretended freely to bestow on him and his son , putting hard and impossible conditions on them , and that after sundry great sums of money received from him , demanding no lesse then thousand and marks to be fully satisfied him , after the popes forces routed , before he should send any more forces to gain it ; and how the king notwithstanding all these abuses and discouragements , was resolved to prosecute this unfortunate affair , against the advice of his counsil and nobles , these letters of his to the pope and some of his cardinals , registred in the clause rolls , will evidence to the world . sanctissimo in christo patri , &c. nuper per religiosum virum fratrem johannem de dya , poenitentiarium & capellanum vestrum , sanctitati vestrae scripsimus , nos tractare super capitaneo transmittendo , cum pecunia & militiae competenti . caeterum clementiae vestrae adhuc significare studemus , quod super praemissis vigilantiam & solicitudinem adhibemus . caeterum proceres & majores consilii nostri , super casu qui post gratiam nobis factam de regno siciliae contigit per prodititionem marchionis de herebroke , mirabiliter stupefacti , vix negotium audent assumere in hoc statu , praesertim cum inter caeteras conditiones in privilegio vestro contentas illa contineatur expresse : quod non eamus vel mittamus donec vobis et ecclesiae romanae de millibus et marcarum plene suerit satisfactum . unde cum occasione negotii supradicti mercatribus senen . & florentin . in nonnullis pecuniarum summis quas venerabile pater sanctae mariae in vialata diac. card. apostolicae sedis legatus , de manu hereford . episcopi , procur . & nuncii nostri recepit , simus sub poenis gravissimis obligati , quas incessanter solvi facimus juxta vestri tenorem mandati , super ordinatione capitanei destinandi nondum potuimus complere tractatum , cujus consummatio non modicum desiderat pecuniae interventum . non enim credimus , quod hodie princeps aliquis regnat in terris qui ita subito tantam pecuniam possit habere ad manum : dicunt ergo illi apud quos laboramus ut vadent , frustra illuc ibimus , in vanum istud negotium assumemus quousque praenominata summa plene fuerit perfoluta . ecce quod huic negotio celeriter succurrere cupientes juxta verum beneplacitum et mandatum , huic vero praetactum periculum formidantes , cujusoam perplexitatis laqueis intricamur , inter grandes et graves angustias constituti . veruntamen ad apostolicae clementiae benevolentiam considerationis oculum retorquentes , magis elegimus vestrae pietatis providentiae nos et nostra exponere liberaliter et libenter , quam in tanto periculo negotium deserere indefensum : sperantes vos nolle beneficiis vestris nos decipi , sed juvari . hinc est clementissime pater , quod licet inspecto statu negotii per aliquorum injuriam et ne quitiam , sine culpa nostra non modicum deformatae conditiones sub quibus regnum siciliae , et nato nostro concessum , non solum difficiles sed fere impossibiles ab aliquibus censeantur , volentes tamen in sinceritate cordis , et favoris promptitudine accingi ad obsequium jesu christi , de sedis apostolicae benignitate confisi , quae non consuevit irritum facere quod semel ratum esse decreverit , juxta formam ordinationis vestrae negotium et omnia quae ipsum contingunt , complevimus , per venerabilem patrem bonon . episcopum , quem ad hoc specialiter destinastis , privilegia nostra et filiorum nostrorum sub sigillo nostro et bulla aurea transmittentes , circa capitaneum destinandum , cum militia competenti jugiter insistendo : vnde sanctitati vestrae humiliter supplicamus , quatenus attendatis quam multipliciter sumus gravati nisi pietatis vestrae dextra nos sublevare dignetur . nam sicut scitis , occasione istius negotii mercatoribus senen . et florentin . infra kalend. junii tenemur persolvere . millia marcarum ab . millibus quas nunc vobis et fratribus vestris solvere nos oprtet : item in apparatu capitanei transmittendi opus est magna pecunia ; unde si placet vosipsi videre potest . s , quam difficile infra festum sancti michaelis proximo venturum mittere prout decet , & summam solvere quae in vestro privilegio continetur . hoc autem totum statum nostrum vestrae beatitudini duximus committendum , ut sicut placet prout vestra possibilitas potest pati , ordinare curetis ; nam omnes vires nostras prompti sumus congerere , et etiam experiri circa prosecutionem negotii memorati , vestris beneplacitis semel humiles et devoti , & jam nuncios solempnes vidissetis , nisi captio charissimi nostri com. sabald . nos impedivisset cum unum de fratribus suis ad sanctitatis vestrae praesentiam mittere vellemus : quando hoc impedimentum occurrit , petitiones verò quasdam quae praefatum tangunt negotium vestrae beatitudini recommendamus , supplicantes , utillas ad exauditionis gratiam admittatis . teste rege apud norwic. die martii . the continuer of matthew paris renders us this account of the kings letters to the pope , containing some clauses not extant in the precedent . diebus sub eisdem , dominus rex pessimo fretus consilio , tantam pecuniam a papalibus negotiatoribus mutuo accepit , ut filium suum edmundum in regnum siciliae promoveret , ut seipsum in summae paupertatis vinculo irretiret . papa autem , qui nec falli debuit , nec fallere , regis fidem adhibuit assertionibus , quas liquido scire potuit , si vellet , fuisse penitus umbratiles et fallaces . dedit enim intelligi in mandatis ipsi papae dominus rex , quod anglia pecuniae puteus extitit inexhaustus , quem nullus poterat exsiccare . item , quod nunquam in anglia rex tam dilectus , tam pecuniosus , sicut ipse , praevixisset : cum tamen papa per multos sibi familiares , qui tunc romae fuerant , contrarium poterat didicisse : ( therefore popes no doubt may erre and be deceived , as well as deceive others . ) vsurae igitur pecuniae regem obligantes cum poenis , ad plusquam centum quotidie libras ascenderunt ; ita ut immineret tam clero quam populo anglico desolatio cum ruina . his letters to the cardinals are thus recorded in the clause rolls . venerabili patri r. sancti angeli diacono cardinali , &c. sinceritatis vestrae promptitudo quam clara probant operum testimonia in nostris negotiis promovendis , nos sollicitant & invitant , ut in agendis nostris ad vestrae discretionis prudentiam recurramus , per quam in hiis quae nobis incumbunt , consilium & auxilium confidenter habere speramus . eapropter paternitati vestrae tenore praesentium volumus fieri manifestum , quod super negotio regni siciliae nuper in adventu venerabilis patris bonon . episcopi , ad nos propter hoc destinati , cum proceribus & majoribus totius regni nostri tractatum habuimus diligentem . qui conditiones sub quibus ipsum regnum edmund . filio nostro et suis haeredibus est concessum , gravissimas reputabant , illas potissime per quas infra festum sancti michaelis prorimo venturum ire teneremur , vel mittere capitaneum cum militia competenti , et . millia marcarum . et unam , propter damna et interesse nihilominus solvere infra eundem terminum , sub poena anullationis totius negotii , nobis insuper remanentibus excommunicatis , et toto regno nostro supposito ecclesiastico interdicto . has utique conditiones et poenam durissimas judicabant , cum praeter dictam summam , sicut nuncii nostri referent , ad aliam summam non modicam teneamur . quis enim princeps infra t●m breve temporis spacium cum pecuma , quàm eundo vel mittendo noster desiderat apparatus , posset ita repentè habere ad manum tam immensas pecuniae quantitates ? formidantes igitur pericula quae incumbunt , nobis dissuadebant omnino , ut nequaquam subjiceremus tanto discrimini statum nosirum . nos vero sperantes in illo qui est in se sperantium fortitudo , dictum negotium per procuratores & nuncios inceptum , & quantum in se fuerat consummatum , confisi quod sedes apostolica nullum opprimit , sed potius oppressos relevare intendit , ad plenum complevimus , sicut per privilegia nostra & filiorum nostrorum quae per dictum bonon . episcopum , domino papae & fratribus destinamus vobis , fiet plenissima certitudo . caeterum dicto tractatu pendente , supervenit rumor terribilis de jactura et damnis ecclesiae romanae et nobis illatis , per proditionem marchionum de herebroke , qui se mentiebantur fideles ecclesiae et devotos : super quo dominus papa nobis mandavit , ut dicto negotio tam dampnabiliter deformato festino subsidio succurrentes , statim competentem militiam mitteremus . quo tristi et fune●to rumore ad nos perlato , qui prius propter difficultatem conditionum de negotio diffidebant , modo desperarunt in tantum , quod vix aliqui in solliditate constantiae et voluntate prosequendi nobiscum illud negotium remanserunt . nos autem in regem coeli & ducem syderum considerationis oculos dirigentes , qui cum possit imperare mari & ventis , tempestates istas sedare poterit ; & quod turbatum est in tranquillum , quod nubilosum convertere in serenum ; nolumus desistere ab inceptis , fortiorem sumentes animum in adversis , confestim super capitaneo mittendo cum decenti militia conferentes , cui tractatui adhuc incessanter insistimus , sicut dilecti nuncii nostri latores praesentium plenius vobis dicent . sanè , quod sine turbatione animi recensere non possumus nec debemus ; nonuulli episcopi regni nostri per quos nos et ecclesiam in tantae necessitatis articulo constitutam sperabamus juvari , afflictionem superaddentes afflictioni , retardationem subsidii ad prosecutionem hujus negotii deputati , temere molientes quasi ad subversionem intentionis nostrae et vestrae totaliter aspirarent , per discretum virum magistrum rustandum diligentem et fidelem executorem officii sibi injuncti canonice moniti , decimam proventuum suorum , sine qua quod intendimus perficere non valemus , hactenus reddere recusarunt ; sed nunc speramus , quod obedient vestris in hac parte mandatis , sicut eidem magistro rustando firmiter promiserunt : hinc est igitur , quod inter hujusmodi angustias constituti , ad vestrae circumspectionis prudentiam recurrimus confidenter , rogantes vestram mansuetudinem ut si tacito capitaneum non mittimus sicut necessitas exposcit negotii , nos excusatos habentes , apud dominum papam et fratres super hoc excusare velitis . scientes quod quilibet in hoc statu hoc negotium assumere , illa potissima ratione quia inter caeteras conditiones illa habetur expressè , quod non eamus , nec mittamus aliquem donec de totali summa praedicta domino papae et ecclesiae plene fuerit satisfactum , nec de isto impedimento dominus papa cum nobis nuper mandavit , ut statim deberemus mittere , fecit aliquam mentionem , nec tamen propter hoc omittimus quin super mittendo sollicite laboremus , & vos de quo plenè confidimus dignemini laborare , ut illa conditio quae quasi inclinationem negotii continere videtur in melius reformetur . ad hoc igitur laborantes fideliter nobis per latorem praesentium , quem super hoc & quibusdam aliis ad vos specialiter duximus destinandum , celeriter rescribatis vestrae beneplacitum voluntatis . scituri quod pro●●otio filiorum nostrorum est vestrorum exaltatio amicorum . teste , &c. eodem modo scribitur venerabili patri j. dei gratia titulo sancti laurentii in lucina presbytero cardinali . eodem modo venerabili patri domino hugoni titulo sanctae sabinae presbytero catdinali . eodem modo domino willielmo sancti eustach . diac. card. eodem modo magistro jordano domino papae notar. eodem modo scribitur venerabili patri ottobon . sancti andr●ae diac. cardinali . hoc adjecto : cum nepotes vestri filiis nostris linea consanguinitatis sint conjuncti , confirmationem vere donationis foelicis recordationis innocentii papae , super bonis quae fuerunt quondam petri de vinea , in forma quam delectus vester & noster rustandus nobis exposuit vobis per latorem praesentium destinamus . teste ut supra . rex willielmo bonquer , salutem . de circumspectionis vestrae prudentia confidentes magna & ardua negotia vobis duximus committenda , sperantes ut per vestrae discretionis industriam nostra intentio foelicem sortiatur eventum . ea propter fidelitati vestrae significamus , quod nostrae intentionis existit & voti , ut talis in regem aleman . eligatur qui ecclesiae romanae devotus & nobis dilectus existat , & maximè cum gallici , sicut nostis , in praejud cium nostri aspirent , qui si quod absit assequantur quod optant , negotium regni siciliae , quod ex corde prosequimur , ut tenemur , gravem possit incurrere laesionem , unde huic periculo obviare volentes , domino papae duximus supplicandum , quod unum de tribus cardinalibus , scilicet dominum j. titulo sancti laurentii in lucina presbyterum cardinal . vel dominum hugonem titulo sanctae sabinae presbyterum cardinal . aut dominum ottobonum sancti andr. diacon . cardinal . in aleman . destinare dignetur , ut per illius providentiam quem m●ttet , istud negotium foeliciter ordinetur . ad haec vestra sciat discretio , quod cum teneamur ecclesiae romanae infrafestum sancti michaelis proximo venturum solvere . millia marc. quingentas et unam , et nihilominus illuc ire infra eundem terminum , vel mittere capitaneum cum militia competenti juxta tanti negotii qualitatem . et propter casum qui de novo accidit legato in regno apul. & propter etiam captionem com. sabaub . infra tam brevem terminum neutrum complere possimus , domino papae supplicamus humiliter & devotè quatenus dilectum nostrum magistrum jordanum notarium suum , super prorogandis hujusmodi terminis ad nos mittat , & super hoc cum summa solicitudine laboretis , exponentes domino papae & fratribus qualiter infra festum beati johannis baptistae proximo venturum , occasione istius negotii . millia marcarum fere solventur , scilicet . millia marcarum et unam mercatoribus senen . j. m. c. c. sociis spiliati , pro quibus omnibus est decim● obligata . item fere . millia mercatoribus qui habent monasteria obligata , praeter damna et expensas quae biennium ascendunt ad quinque millia marcarumet ultra . propter quod eis probabiliter suadere potestis , ut pro residuo satis possunt & debent terminos prorogare , maxime cum interim nihilominus totis viribus studemus , ut dicto negotio tam in pecunia quam militia celeriter succurramus , vel tractetis cum domino papa ut super decima nobis concessa mercatores mutuent pecuniam , cum qua possit memoratum negotium sustentari ; nam isto anno per dei gratiam et industriam magistri rustandi erit ab obligationibus mercatorum senen . penitus liberata . scribitur etiam domino papae super dicto negotio . scribitur etiam magistro jordano domini papae notar. super eodem . et transcripta brevium poterunt inveniri in bursa rubea . by these writs and letters it is most ●pparent , what vast sums of money the pope and court of rome drayned from the king , kingdom , clergy , and religious persons of england this year , by intollerable forgeries , extortions , and impious srauds , only to wrest the kingdom of sicily out of manfreds hands , in which des gn god blasted both the popes forces , and kings rapines , to their perpetual infamy . i shall close up this year , and chapter too , with the words of * mat. paris : transiit igitur annus ille ecclesiae et praelatis ultimae servitutis genitivus , regni angliae praedativus , terrae sanctae sterilis , et potius nocivus . book iv. chap. iii. comprising sundry evidences out of law-books , histories , and records , manifesting our kings soveraign ecclesiastical as well as temporal authority , over all ecclesiastical persons , courts , causes in england and ireland ; the popes and his instruments intollerable extortions , oppressions , innovations , enchroachments both upon the kings prerogative , and subjects liberties , properties , and their respective oppositions , complaints against them . together with our popish prelates , and ecclesiastical synods , courts , illegal usurpations upon the kings temporal rights , courts , crown , dignity , and peoples priviledges , with the several prohibitions , mandates issued to restrain them ; and some other ecclesiastical affaires , transactions between the king , pope , and court of rome , of most concernment , from the end of the th year of king henry the d , till the expiration of his reign , anno domini . i have presented you in the precedent chapters with many memorable records , writs , prohibitions , restraining the popes and prelates usurpations upon the rights , crown , courts of king henry the d. and his subjects liberties , till the . year of his reign ; about which time , or soon after , henry de bracton , a famous judge under him , learned both in the civil , canon , and common laws of the realm , published five most excellent books , de legibus & consuetudinibus angliae , wherein he asserts the kings supremacy over all persons whatsoever , as having no peer at all , much less any superior , within his realm , stiling him dei vicarius several times in sundry places , already transcribed in my second book , chap. . p. , , . concerning king lucius , which i shall not here repeat . which passages of his will well explain those clauses in him , which seem to patronize the popes supremacy , viz. * apud homines verò est differentia personarum , quia hominum quidem sunt praecellentes & praelati , & aliis principantur . dominus papa videlicet , in rebus spiritualibus quae pertinent ad sacerdotium & sub eo archiepiscopi , episcopi , & alii praelati inseriores . item in temporalibus sunt imperatores , reges et principes , in hiis quae pertinent ad regnum : & sub eis duces , comites , barones , magnates , sive vavasores & milites : & etiam liberi & villani & diversae potestates sub rege constitutae . ; * ad papam et ad sacerdotium quidem pertinent , ea quae spiritualia sunt ; ad regem vero et ad regnum , ea quae sunt temporalia , juxta illud , coelum coeli domino , terram autem dedit filiis hominum . et unde ad papam nihil pettinet , ut de temporalibus disponat vel ordinet , non magis quam reges vel principes de spiritualibus , ne quis eorum falcem immittat in messem alienam . et sicut papa potest ordinare in spiritualibus , quoad ordines et dignitates , ita potest rex in temporalibus in haereditatibus dandis vel haeredibus constituendis secundum consuetudinem regni sui . which passages as they absolutely refute the popes temporal supremacy and jurisdiction in england , upon pretext of k. johns charter , or the grant of peter-pence , so they admit the popes supremacy only in spiritual things , to wit , in consecrating , depriving bishops , priests , administring sacraments , inflicting ecclesiastical censures , & exercising their ministerial function , but not in the sapream ecclesiastical government of the church or clergy of england , vested only in the king , not pope , as * gods vicar , to whom all the archbishops , bishops and prelates of the realm were then immediately subject , as to their soveraign lord and patron , not so unto the pope , who ( notwithstanding his encroachments on the crown in king johns reign , which were regained only by degrees in those bad times by his successors ) could make no archbishop , bishop in england or ireland , nor call synods , nor enact laws or canons to bind the church or clergy of england or ireland , without the kings royal assent , who by his writs of prohibition controlled both the popes , his legates , delegates , and archbishops , bishops , yea synods jurisdictions and extravagant proceedings beyond their legal bounds , as bracton himself informs us in his treatise of jurisdictions and prohibitions , pertinent to my theam ; wherein you may most clearly discerne a combination between the pope , bishops , and ecclesiastical courts , especially by bulls and delegations from the pope , totally to subvert the jurisdiction of the kings temporal courts in that age , and to engrosse them into their own hands , to the prejudice of the king , his crown and dignity , and subversion of the antient laws , customs , rights , priviledges of the kingdom , and kings officers , subjects , and their diligence , vigilancy , courage to prevent it , by several writs and forms of prohibitions , thus digested into a perspicuous method and recorded to posterity by judge bracton . . est etiam jurisdictio quaedam ordinaria , quaedam delegata quae pertinet ad sacertium & forum ecclesiasticum , sicut in causis spiritualibus & spiritualitati annexis . est etiam alia jurisdictio ordinaria vel delegata quae pertinet ad coronam & dignitatem regis ad regnum , in causis & placitis rerum & temporalium in foro seculari , & unde videndum cujus judicium & forum actor adire debeat . et verum est quod sive laicum sive clericum velit quis convenire , debet adire judicem & sequi forum rei , & judicium habebit illum apud quem reushabet domicilium , sive domicilium habuerit sub jurisdictione unius vel duorum . . et licet generaliter verum sit quod actor forum rei sequi debeat , fallit tamen in casibus propter diversitatem jurisdictionum & causarum de rebus spiritualibus & temporalibus , & earum sequela , sicut in causa matrimoniali , & rebus permissis ob causam matrimonii , quae in foro ecclesiastico terminari debent , quia cujus juris , i. jurisdictionis est principale , ejusdem juris erit accessorium . et eodem modo sicut in foro seculari agatur de aliquo placito quod pertinet ad coronam & dignitatem regis , & fides fuerit opposita in contractu , non propter hoc pertinebit cognitio super principali ad judicem ecclesiasticum . . item fallit in causa testamentaria & aliis pluribus causis ecclesiasticis . item ratione criminis convenitur quis ubi deliquit , ut si quis crimen commiserit in terra aliena , quia ubi deliquit ibi subjceat juri , sicut videri poterit de vtfangthef , per exemplum . item ratione contractus quia conveniendus ubi contraxit . item ratione rei petitae , ut si clericus petat versus clericum & laicum debitum quod non sit de testamento vel de matrimonio , sequi debet forum laiciale , & eodem modo si petat laicum foedum , sub domino feodi erit actio , sicut petitio haereditatis per breve de recto exit tractanda coram domino feodi , vel coram vicecomite si dominus negligens fuerit , quia ratione neligentiae proprii judicis videlicet domini , transfertur loquela ad comitatum , & sic coram rege & suis justiciariis , multis & variis de causis . . item si quis unum judicem de voluntate sua elegerit , ad alterius audientiam recurrere non debet voluntate propria , cum talis per consensum effectus sit suus judex , quamvis generaliter verum sit , quod sententia non à suo judice lata non teneat . et hoc verum est nisi hoc faciat regia prohibitio , quia jurisdictionem regis non poterit quis mutare per renunciationem in praejudicium regiae dignitatis , secundum quod inferius dicetur : quamvis expediat aliquando actori convenire reum sub judice de cujus factus est jurisdictione per consensum , magis quam sub eo cui subest domicilii ratione , quia si proprius judex fuerit negligens , alius judex ( licet non suus ) poterit esse diligentior , dum tamen coertionem habeat quod possit judicium suum demandare executioni . et unde cum diversae sint hinc inde jurisdictiones , & diversi judices , & diversae causae , debet quilibet ipsorum inprimis aestimare an sua sit jurisdictio , ne falcem videatur ponere in messem alienam . . quia clericus in nullo conveniendus est coram judice seculari quod pertineat ad forum ecclesiasticum , sicut in causis spiritualibus vel spiritualitati annexis , ut si pro peccatis vel transgressione fuerit paenitentia iniungenda , & quo casu judex ecclesiasticus habet cognitionem , quia non pertinet ad regem injungere paenitentias , nec ad judicem secularem , nec etiam ad eos pertinet cognoscere de iis quae sunt spiritualibus annexa , sicut de decimis & aliis ecclesiae proventionibus . item nec de catallis quae sunt de testamento vel matrimonio . item nec de pecunia , promissa ob causam matrimonii , quae est quasi sequela matrimonii , ut superius dictum est , & hujusmodi , quia judex ecclesiasticus in iis omnibus habet jus revocandi donum , & quamvis in omnibus aliis actionibus sive placitis ad forum seculare pertinentibus videatur quod clericus sequi debeat forum seculare , & iis agere & respondere ratione rei vel contractus , ubi agitur realiter vel personaliter , sicut in actione injuriarum vel criminis dum tamen civiliter agatur , secundum quod videre poterit tota die ; quod si clericus conveniendus , quia laicum foedum non habet , summonitionem suscipere noluerit , nec plegios invenire , mandabitur . episcopo vel ordinario loci , quod faciat talem venire coram rege vel iusticiariis suis ad respondendum et satisfaciendum de quocunque placito ad intentionem petentis vel querentis ; quamvis sunt , qui dicunt , quod de nullo placito ●enentur respondere , nec ratione rei , contractus , vel delicti coram judice seculari ; et salva pace eorum , videtur , quod sit in omnibus actionibus et placitis civilibus , et criminalibus , praeterquam in executione judicii in causa criminali ubi laicus condemnandus esset , ad amissionem vitae vel membrorum ; & quo casu , quamvis judex secularis habet cognitionem & cognoscat de crimine , tamen non habet potestatem exequendi judicium , sicut in causis civilibus ; non enim possit degradare clericum , magis quàm ad ordines promovere . et ideo propter ejus defectum habet ordinarius executionem judicii , licet aliter observetur quod in causa criminali , ubi poena capitalis infligenda est , habet ordinarius utramque , videlicet cognitionem , & * judicii executionem . . vice versa , non est laicus conveniendus coram judice ecclesiastico de aliquo quod pertineat ad coronam et regiam dignitatem , et ad regnum , quod in foro seculari terminari potest et debeat , sicut nec de laico feodo vel eis pertinentiis , ratione supradicta , ut si jura pertineant sicut advocatio , jus pascendi , eundi , agendi , et hujusmodi . item nec de debitis , nec catallis nisi sunt de testamento , vel matrimonii hujusmodi , quia rex jus habet revocandi donum propter suum privilegium , quamvis ipse qui convenitur coram judice ecclesiastico de placitis quae pertinent ad coronam et dignitatem regiam , per se effectus sit per consensum de alterius foro et jurisdictione . . poterit enim quis renunciare iis quae pro se introducta sunt , sed tamen non in praejudicium alienum , sicut in praejudicium regiae dignitatis , quia injuste non trahitur ad alienum forum ex quo renunciando privilegio suo hoc voluit , injuste tamen propter privilegium ipsius regis . et unde siquis se obligaverit per scripturam ad respondendum in foro vetito , non obstante privilegio ( i. ) regia prohibitione seipsum obligat et non regem . et unde si ille idem postmodum prohibitionem impetraverit quod judices non procedant , et contra factum suum multipliciter delinquit ; delinquit enim per hoc quod placita quae pertinent ad coronam et dignitatem regis trahit ad alienum forum : delinquit * enim ex hoc quod venit contra factum suum proprium , et unde cum judices et partes comparuerint , judices puniuntur , eo quod post prohibitionem processerunt , et si convincantur , gaolae committantur , poena pecuniaria graviter puniantur , et ille eodem modo de quo queritur qui hoc procuravit , sed non propter querelam querentis et injuriam ei factam , sed propter injuriam factam ipsi regi ; non est enim ei aliqua injuria facta propter consensum , quia trahi voluit ad alienum forum , & quia sic voluit , puniatur ut primi , & quia venit contra factum suum , & per impetrationem suam jam rediit ad forum debitum , ut ibi respondeat de placito principali , etiam sine alio brevi , & judices , & ille de quo queritur quantum ad placitum prohibitionis recedant versus eum sine die , & ipse in misericordia versus eos pro falso clameo . dictum est qualiter per consensum sit de alterius jurisdictione . nunc enim dicendum si contra voluntatem trahatur in placitum coram judice ecclesiastico de placitis quae pertinent ad coronam et dignitatem regis , unde cum quis ita tractus fuerit coram judice ecclesiastico contra voluntatem suam qui aestimare noluerit , an sua sit jurisoictio , sed jurisdictionem regis sibi usurpaverit , et delinquunt tam iudices qui placitum tenent , quam ille qui sequitur , ad querelam illius qui sic ad non suum judicem trahitur , fiat breve domini regis judicibus ne procedant , et ei qui sequitur ne sequatur , in hac forma . et si judicassent , judicium erequi non possent , quia vicecomes nihil faceret ad mandatum ipsorum . . rex talibus judicibus salutem , prohibemus vobis ne placitum teneatis in curia christianitatis inter a. petentem , & b. tenentem de tanta terra cum pertinentiis , vel de laico feodo ipsius b. in tali villa , vel aliter , de catallis vel debitis quae non sunt ex testamento vel matrimonio , & unde praedictus b. queritur , quod praedictus a. eum injustè trahit in placitum coram vobis , quia placita de laico feodo & de debitis & catallis quae non sunt de testamento & matrimonio , spectant ad coronam et dignitatem nostram . et hujusmodi prohibitio locum habet cum scribitur judicibus qui ordinariam habent jurisdictionem , si autem delegatam , ut si delegati fuerunt a domino papa , vel alio ordinario , tunc sic . . rex talibus judicibus salutem . prohibemus vobis ne teneatis placitum in curia christianitatis de laico feodo , a. in tali villa , & unde idem a. queritur quod b. de n. trahit eum in placitum coram vobis in curia christianitatis authoritate literarum domini papae , de laico feodo suo vel debitis et catallis , &c. ut supra . et idem dici poterit de advocatioribus ecclesiarum vel de aliis placitis , quae pertinent ad coronam et dignitatem domini regis ; et tunc sic , ne teneatis placitum in curia christianitatis de advocatione ecclesiae , de tali loco , unde talis queritur &c. ut supra , quia placita de advocationibus ecclesiarum spectant ad coronam et dignitatem nostram . t. &c. et sic fiet de omni jure quod pertinere potest ad laicum feodum , de quo rer habere debet cognitionem . et eodem modo scribatur parti adversae ne sequatur , in hac forma . . rex tali salutem ; prohibemus tibi ne sequaris placitum in curia christianitatis , de laico feodo tali in villa , vel de debitis , catallis vel advocatione ecclesiae , & hujusmodi , & unde praedictus talis queritur , quod tu trahis eum in placitum talibus judicibus , videlicet delegatis , authoritate literarum domini papae , vel authoritate literarum alicujus alterius ordinarii , vel authoritate literarum alterius subdelegati a iudicibus , a domino papa delegatis , quia hujusinodi placita , ut supra , & ita quod hujusmodi brevia semper conveniant brevibus ad judices transmissis . sunt etiam alia genera prohibitionum quam plura & diversa , quarum quaedam sunt de advocationibus ecclesiarum , ubi non agitur directè inter patronos , ut hic , sed indirectè ; ut si inter rectores qui tenent ecclesias de advocatione & donatione diversorum patronorum , inter se contendant de decimis , oblationibus , & obventionibus ecclesiarum . et ita quod si petens obtineret , posset patronus jacturam suae advocationis incurrere , fit judicibus ne procedat prohibitio in hac forma , si de tota advocatione fiat contentio . . rex talibus salutem . indicavit nobis a. quod cum b. talis clericus , viz. tenet ecclesiam de tali loco de advocatione sua c. talis clericus , viz. clamans eam de advocatione d. trahi eum in placitum coram vobis in curia christianitatis authoritate literarum domini papae . quia vero manifestum est , quod praefatus a. jacturam advocationis suae incurreret si praedictus c. in causa ista obtineret , vobis prohibemus ne in causa illaprocedatis , donec discussum fuerit in curia nostra , ad quem illorum , scilicet a. vel b. pertineat ejusde in ecclesiae advocatio , quia placitum de advocatione , &c. ut supra . teste &c. est & alia prohibitio de eodem ubi agitur indirectè de parte sicut de toto , ut si agant rectores de medietate alicujus ecclesiae , vel de tertia parte inter se de ecclesia quae divisa fuit ab antiquo inter patronos , & de advocatione ratione diversorum feodorum , & tunc fiat prohibitio in forma supradicta . si autem contentio fuerit inter rectores de aliquibus decimis quae aestimari possunt usque ad quartam , quintam , vel sextam partem advocationis , & ultra quam partem non extenditur prohibitio ut videtur , tune fiat judicibus prohibitio in hac forma . . rex talibus judicibus salutem . jndicavit nobis a. quod cum b. teneat de advocatione sua sextam partem ecclesiae de m. talis abbas clamans praedictam sextam partem de advocatione b. trahit eum in placitum coram vobis in curia christianitatis ; quia verò manifestum est quod praedictus a. jacturam advocationis praedictae sextae partis illius ecclesiae incurreret si praedictus abbas in causa illa obtineret , vobis prohibemus , ne in causa ilia procedatis donec discussum fuerit ad quem illorum pertineat praedictae partis advocatio ; quia placitum , &c. ut supra . et fiat clerico prohibitio qui sequitur in forma quae consona sit prohibitioni factae judicibus . poterit aliquando sine prae juditio alicu jus de consensu patronorum ad breve quod dicitur indicavit , si contingat quod decimae petantur in foro ecclesiastico , quae sunt de alterius advocatione sive in toto , sive pro parte majore fieri , inquisitio in curia domini regis , tanquam de advocatione propter aestimationem decimatum , ubi ecclesia enormiter laesa est , ut si ecclesia recenter spoliata fuerit , in hac forma , utrum viz. talis praesentarus à tali patrono , recentèr fuerit in seysina de talibus dec ▪ mis tanquam spectantibus ad ecclesiam suam , quam tenet de praesentatione talis patroni sui , vel , si talis alia persona inde fuit in seysina tali tempore , ut de decimis spectantibus ad ecclesiam suam talem quam tenet , de advocatione talis patroni sui . . est & aliud genus prohibitionis , ut cum inter patronos contentio fuerit aliquando de jure praesentationis , & quilibet eorum clericum suum praesentaverit , & pendente praesentatione unus obtinuerit ad cu jus praesentationem clericus admissus fuerit , si clericus qui ab aliquo alio patrono praesentatus fuerit clericum ita admissum coram judicibus ecclesiasticis implacitaverit ratione praesentationis ejus qui amisit , fiat eis prohibitio talis in hac forma . . rex tali priori & judicibus suis salutem . ostendit nobis a. quod cum ipse ad ecclesiam talem vacantem aliquando praesentasset , b. c. gerens se patronum illius ecclesiae ad eandem ecclesiam praesentavit clericum suum , scilicet d. & cum idem a. seysinam praesentandi , in curia nostra , &c. recuperasset versus ipsum c. & b. clericus ad praesentationem suam ad mandatum nostrum sic admissus , idem d. trahit eum in placitum in curia christianitatis coram vobis , ratione praesentationis de se factae authoritate literarum domini papae , et quia ea quae in curia nostra rite acta sunt irritari non debent ; uobis prohibemus ne in causa illa procedatis ad irritanda ea qua in ▪ curia nostrae rite acta sunt . teste , &c. item alia forma de eodem & quasi per breve de indicavit . . rex tali priori & conjudicibus suis salutem . ostendit nobis a. prior , de n. quod cum nuper in curia nostra coram justic . nostris , &c. recuperasset versus b. priorem de tali loco advocationem capellae de m. ut pertinentem ad matricem ecclesiam ipsius a. prioris per recognitionem magnae a ssissae inde ibi inter eosdem in proprios usus per ordinarium loci , cui per considerationem curiae nostrae mandavimus processum illius sequelae , ut quod suum esset inde exquereretur , c. clericus de n. trahit ipsum a. priorem de tali loco in placitum coram vobis , petens capellam illam ut persona ejusdem , ex advocatione & donatione praedicti b. prioris de tali loco , qui advocationem illam in curia nostra amisit , per recognitionem magnae assisae , & tanquam inde spoliatus de sicut nunquam fuit in eadem institutus , ut praedictus a prior de tali loco dicir . et quia praedictus b. prior de tali loco ( de cujus advocatione dictus c. pe●it capellam illam ) nihil juris habet in illa , sicut recognitum est per assisam , et ea quae in curia nostra rite acta sunt non debe . an t in foro ecclesiastico ab aliquo infirmari : vobis mandamus , quod si ad mandatum dicti ordinarii vobis constiterit , quod praedictus c. clericus nunquam fuit in eadem capella institutus tempore quo praedictus a. prior de tali loco , nec ante recuperavit in curia nostra praedictam advocationem , uobis prohi●em s quod in causa illa quae est coram vobis ( ut dicitur ) non procedatis , quia hoc esset manifeste contra coronam et dignitatem nostram . teste , &c. item , quod ea quae in curia domini regis ritè acta sunt irritari non debent , & ubi consensum est in aliquem clericum eo quod haeres alicujus fuerit infra aetatem , si clerici primo praesentati velint institutum implacitare , tunc fiat prohibitio in hac forma . . rex talibus judicibus salutem . prohibemus vobis ne teneatis placitum in curia christianitatis ecclesiae de n. de cujus advocatione nuper placitum fuit in curia nostra coram justic . &c. inter a. querentem , & b. custodem c. filii & haeredis a. impedientem , ratione juris quod idem b. dicebat eundem c. habere in praedicta advocatione , & unde inter eosdem a. & b. convenit in curia nostra coram justic . nostris , quod uterque illorum consensit in e. cancellarium talem , eo quod judicium procedere non potuit , quia praedictus c. ( de quo dicitur quod jus habet in praedicta advocatione ) ad chartas antecessoris sui vel hujusmodi respondere non potest , cum sit infra aetatem . et quia si placitum quod est coram vobis in curia christianitis procederet , idem c. dum infra aetatem fuerit jacturam advocationis suae posset incurrere , et placita de advocationibus ecclesiarum pertinent ad coronam et dignitatem nostram . teste , &c. est & aliud genus prohibitionis ratione rerum temporalium , quae ad ipsim regem pertinere possunt ratione custodiae atchiepiscopatuum , et episcopatuum vacantium , et quae occasionem inducunt prohibendi , sicut pro sancto edmund● archiepiscopo cantuar. & fit prohibitio in hac forma . . rex priori & conventui roffen . salutem . ex relatione quorundem nuper didicimus quod cum venerabilis pater * e. cantuar. archiepiscopus habeat custodiam episcopatus roffen . nunc vacantis cum omnibus existibus & proficuis ad dictum episcopatum spectantibus , vos trahitis in placitum in curia christianitatis eundem archiepiscopum , authoritate literarum domini papae , super qulbusdam exenniis quae praestanda sunt de maneriis nostris , et eodem modo consuetudo quo alii annui redditus reddi solent episcopo si viveret , ea quod idem archiepiscopus ea sibi reddi postulat ratione custodiae e●usdem episcopatus tempore vacationis . et quoniam si vos in causa illa obtineretis ▪ manifestum esset nobis inde damnum incurreret si contingeret aliquando archiepiscopum cantuar. simul cum episcopatu roffen . vacare , & utrumque in m●nu nostra existere , vobis prohibemus ne placitum illud sequamini in curia christianitatis quia hoc esset contra coronam et dignitatem nostram , er ad damnum nostrum et praejudicium libertatis nostrae quam habemus de episcopatibus vacantlbus in regno nostro . teste &c. et fiat aliud breve in eadem forma judicibus ne procedant . est & aliud genus prohibitionis ubi quis clericus praesentatus ad ecclesiam per dominum regem propter insufficientiam recusatus fuerit , & alius idoneus institutus , fi velit inquietare institutum , & tunc fiat prohibitio in hac forma . . rex talibus judicibus salutem . satis meminimus nos jam pridem praesentasse venerabili pacri , e. cantuar. archiepiscopo a. de n. ad ecclesiam talem tunc vacantem , quem quidem cum idem archiepiscopus minus idoneum invenisset , ipsum ad eandem admittere recusavit ; & cum idem archiepiscopus à nobis licentiam obtineret de idonea persona eidem ecclesiae providenda , illam b. de n. viro provido , & honesto & laudabilis conversationis contulit , cujus collationi & ordinationi de eadem factae regium adhibuimus assensum & favorem . et cum idem a. jam pristinae praesentationi ad di ctam ecclesiam de persona sua per nos factae adhaereat , & de qua nihil consequi potuit propter suam insufficientiam , trahit ipsum , b. in placitum de eadem ecclesia coram vobis , authoritate literarum domini papae , et quoniam injustum est et contra diguitatem nostram quod idem a. cui fuit propter insufficientiam institutio denegata , ipsum b. implacitet & inquietet qui per ipsum archiepiscopum sicut persona idonea ad eandem admissus , & canonicè institutus nostro interveniente assensu & favore , uobis prohibemus , quod de caeterò placitum illud non teneatis . teste &c. et fiat breve in consimili forma clerico ne procedat . est & aliud genus prohibitionis , cum ipse rex vel aliquis antecessor suus ratione alicujus vacationis alicujus episcopatus , avbatiae vel prioratus , et in manu sua existentis praesentaverit clericum , & qui ad praesentationem suam fuerit institutus , & episcopus vel abbas , vel prior substitutus veniat contra praesentationem regis vel patris sui , tunc fiat prohibitio in hac forma . . rex talibus judicibus salutem . monstravit nobis a. de n. quod cum teneat advocationem talis ecclesiae de donatione . regis patris nostri , quam ei contulit ratione talis prioratus vacantis & in manu sua existentis , prior illius loci jam infirmare nititur institutionem illius a. de praedicta ecclesia , quam sic ad praesentationem dicti patris nostri canonicè est adeptus , & gravans & inquietans eum multipliciter , trahit eum coram vobis in curiam christianitatis authoritate literarum domini papae , de eadem ecclesia . et quoniam hoc esi manifeste in opprobrium et praejudicium regiae dignitaris si praedictus prior in causa illa obtineat ; uobis prohibemus , ne in causa illa procedatis , cum vobis et universis de regno nonro notorium sit et esse debet , quod ecclesiae vacantes et pertinentes ad collationem episcoporum , abbatum et priorum sede non vacante dum viverent , pertinere debent ad nos ratione custodiae , tempore vacationis . teste &c. et quod dictum est de episcopatibus , abbatibus , prioratibus , dici poterit de baroniis , & aliis dum fuerint in custodia domini regis . est etiam inter alias prohibitiones quaedam prohibitio , ubi videlicet clericus implacitaverit ballivum domini regis in curia christianitatis , aliqua de causa , eo forte quod idem ballivus eum arrestavit pro aliqua transgressione , et pro pace regis , et de quo petita fuit curia christianitatis per episcopum ; et forma prohibitionis talis est . . rex talibus judicibus salutem . monstravit nobis talis vic. major , praeposirus talis villae vel ballivus quilibet , quod cum a. clericum tanquàm malefactorem & rettatum , de roberia , & societate latronum , vel inventum tali loco in conventu & societate latronum , & certa suspitione rotatum , pro officii debito , & pro pace nostra per legem terrae secundum regni nostri consuetudinem nuper arrestari fecisset , quoniam etiam postmodum tali episcopo qui ipsum petiit sibi liberari , tanquam clericum a carcere & custodia nostra fecimus liberari . idem a. clericus praesatum ballivum nostrum , occasione praedicta trahit in placitum , coram vobis authoritate literarum domini papae ; et quoniam hoc est manifeste co ntra coronem et dignitatem nostram , et etiam contra pacem nostram quod aliquis ballivus noster occasione ministerii sui , vel pro aliquo quod ad conservationem pacis nostrae pertineat , vel pro iustitia facienda , trahatur in placitum in curia christianitatis , cum eorum facta nostra reputemus in hac parte , vobis prohibemus &c. ut supra . teste &c. et consimile breve fiat clerico qui sequitur , & qui potius capi debeat & in prisonam mitti . est etiam breve prohibitionis in casu ubi quis tenere se dicebat , per legem angliae , & cum disseysitus esset & tulisset breve de nova disseysina ad seysinam recuperandam , objectum esset ei quod recuperare non potuit , eo quod pueri ratione quorum ad vitam suam tenere debeat , cum curia christianitatis illos probare velit ad legitimos , quod facere non debuit , secuta fuit prohibitio in hac forma . rex tali episcopo salutem . ostensum est nobis ex parte a. quod cum b. nuper in curia nostra &c. nuper arramaverit assi . no. dissi . versus eundem a de tenemento in tali villa , quod idem b. dicebat se tenuisse per legem angliae , & idem a. per considerationem ejusdem curiae nostrae idem recessisset sine die versus eundem b. eo quod pueri quos habuerat de uxore sua tali , cujus haereditas tenementum illud fuerat , & ratione quorum puerorum idem b. clamavit tenere illud tenementum ad vitam suam per legem angliae , secundum regni nostri consuetudinem , * nati fuerint ante matrimonium contractum inter ipsum b. & talem uxorem suam , sicut in eadem curia nostra recognitum fuit per confessionem ipsius b. & etiam contra eum praesumptum , eo quod idem b. prius fuit in curia nostra cum praefata tali quam nunc dicit uxorem & cum in probatione esset in curia nostra idem b. venit cum ea sicut serviens , & non ut maritus , nec aliqua facta fuit mentio in brevi per quod ipsa placitaret quod virum haberet : praedictus b. postea ad deceptionem curiae nostrae , et ad infirmandum judicium in curia nostra factum , trahit ipsum a. in placitum coram vobis in curia christianitatis , authoritate literarum domini papae , ad praedictos pueros legitimandos , ut sic per aliam viam rehabere posset tenementum quod amisit , et quod pueri sui sic succedere valeant in bonis paternis et maternis . et cum non possunt judices aliqui de legitimitate cognoscere quoad haereditaem et successionem habendam , nisi fuerit loquela prius in curia nostra incepta per breve , et ibi bastardia objecta , et postea ad curiam christianitatis transmissa ; vobis prohibemus quod in placito illo ulterius non procedatis , nos enim cum praedicti pueri ad nos venerint in praedicta curia nostra de praedicto tenemento , eis justiciam exhibeamus , secundum consuetudinem regni nostri , ubi si eis bastardia objecta fuerit , mandabimus ordinario loci ut de ipsorum legitimatione cognoscat , si ad ipsum su●●it in l ac parte cognitio demandanda . est enim prohibitio hinc consimilis & magis aperta de quodam waltero muschet , quod non valet cognitio de legitimitate quoad successionem , nisi sic fuerit à curia regis demandata , & est prohibitio talis . . rex talibus judicibus salutem . ostensum est nobis ex parte a. quod cum curia nostra coram justiciariis nostris proximo itinerantibus in tali com●arramavit quandam assisam mortis antecessoris versus b. de quadam terra in n. idem b. timens sibi posse opponi notam bastardiae in eadem assisa , & ante praedictum adventum justiciariorum , & antequam ei bastardia opponatur in curia nostra in eadem assia , & antequam fuerit per nos ordinario loci inquisitio de legitimitate probanda secundum regni nostri consuetudinem demandata , literas domini papae ad vos directas impetravit ut de legitimitate sua cognoscatis , et ad probationem illius testes admittatis , ut per hoc remaneat haereditas ec successio * contra consuetudinem regni nostri quae huc usque obtinuit , ut approbata , et a sede apostolica confirmata , quod in causa successionis & haereditatis petitione debet prius placitum moveri in curia nostra . et cum ibi objecta fuerit bastardia , tunc deinde trasmitti debet recordum loquelae & cognitio bastardiae ad curiam christianitatis , ut ibi ad mandatum nostrum de legitimitateinquiratur , quod quidem non est in hac parte observatum . et cum hoc sit manifeste contra consuetudinem regni nostri , quod habita vel habenda inter alios contentione de jure successionis debeatis ad inquisitionem de legitimatione procedere antequam a nobis hoc fuerit vobis demandatum , vobis prohibemus , &c. ut supra . . est etiam alterius modi prohibitio , cum petens tenenti bastardiam objecerit , & ordinario loci fuerit inquisitio demandata in persona haeredis adinquisitionem procedere . rex tali ordinario salutem . ostendit nobis a. filius & haeres b. quod cum c. in curia nostra coram justic . b. tantum terrae , &c. per assisam mortis antecessoris inde ibi inter eos summonitam ; & idem b. objecerit eidem c. bastardiam in eadem curia , & cognitio vobis esset demandata & pendente inquisitione illa idem b. diem clausit extren●um , vos praesatum a. silium & haeredem praedicti b. vocari fecistis in judicium praedicta occasione , ut in persona haeredis defunct . procedat inquisitio sine alio mandato ; et quiasi contingat quod altera partium inter quas agitur in curia nostra decedat , tota loquela illa cadit & remanet , nec super eodem procedere poterit contra haeredem desuncti , nisi per breve nostrum de novo contra ipsum perpetratum , vobis mandamus quod in cognitione praedictae causae contra praefatum a. de caetero non procedatis , donec à nobis aliud indè habueritis mandatum . teste . quibus fieri debet prohibitio videndum ; & sciendum quod tàm ei qui tenet placitum , quàm ei qui sequitur , sive plures , sicut judices delegati sive subdelegati , sive unus , sicut ordinarius quicunque , si unus quisequitur sive plures , licet prima facie videatur quod sufficere debeat si tantum judici fiat prohibitio , quia si judex procedere noluerit , non valebit , quamvis , querens sequi velit , quia nòn ibi erit judicium quasi desiciente judice ; si autem pati tantum & ipse sequi voluerit , nullum erit judicium ratione supradicta , quia non velit si judex tenere vale , si non erit judicium , melius tamen erit quod omnibus fiat generaliter ne judices vel querens impunè posset procedere . sed quid si judices delegati alios sibi subdelegaverint , & qui cognoverunt de causa , videndum quibus fieri debeat prohibitio , utrum viz. principalibus vel subdelegatis , & tunc refert utrum ita subdelegaverint , viz. ad certum diem , vel sic quod sibi reservaverint principalia judiciorum , videlicet principium , medium & finem , scilicet contestationem & dispensationem super contestationibus , & diffinitivam sententiam , & quo casu videtur quod locum habere debet prohibitio cum sic sibi aliquid reservaverint , & ipsi authoritatem subdelegatis praestiterint , cum ipse facere videtur cujus authoritate fit ; si autem se ad totam causam excusaverint & nihil sibi reservaverint , tunc refert utrum hoc fecerint ante prohibitionem vel post . si autem ante prohibitionem , non credentes aliquam intervenire posse prohibitionem , tunc sufficit si prohibitio fiat subdelegatis . si vero post prohibitionem , tunc praesumi possit , quod hoc fecerit per fraudem . et ideo tenebit prohibitio facta in personis eorum , quasi nulla facta subdelegatione . proposita exceptione contra jurisdictionem ( ut praedictum est ) & cum illam admittere recusaverint , superveniat prohibitio , & facta examinatione an eorum sit jurisdictio vel non , decreverit supersdendum , tunc remancat querentis prosecutio : si autem dubitaverint utrum supersedendum sit vel non , solent judices aliquando justiciarios consulere , utrum procedere possent , vel necesse haberent supersedere , & utrum ad eos pertinet cognitio , vel non pertinet , & quo casu fuit eorum consultationibus per judices multis modis responsum , secundum quod prohibitio locum habere debet vel non habere , & fit breve hujusmodi de responsione facienda sub nomine justiciariorum . . viris venerabilibus , vel dilectis sibi in christo tali & conjudicibus suis salutem . literas vestras suscepi continentes , quod cum quaedam causa quae vertitur coram vobis inter a. priorem & conventum talem , & b. talem clericum , vel laicum , facta vobis editione ( ut dicitis ) super nova garba terrae ipsius b. praedictis a. priori & conventui quondam in perpetuam eleemoysynam collata , authoritate literarum domini papae exanimi vestro sit commissa , et cum ex earundem authoritate literarum in eadem causa jam inceperitis procedere : idem b. de laico feodo suo in curia christianitatis procedere , vobis literas domini regis prohibitorias porrexerat , un●è à nobis consilium requiritis vel petitis ▪ utrum in causa illa procedendum sit vel supersedendum ? ad quod vobis vel constitutioni vestrae duximus respondendum , vel aliter sic . desiderio igitur vestro in hac parte stisfacere cupientes , vel volentes consultationi vestrae in hac parte sic duximus respondendum , quod si praedictus a. prior conventus novam garbam illam , aliquo tempore perceperunt , & inde in possesione pacifica fuerint per aliquod tempus & indè spoliati injustè , super restitutione illius novae garbae si vobis hoc constiterit in veritate , in foro ecclesiastico securè potestis procedere non obstante regia prohibitione . si autem in possessione in●è non fuerint , nec inde recenter spoliati injustè , tunc magis expedit vobis supersedere quàm procedere , quia si procederitis , hoc esset in praejudicium regiae dignitatis . fiat quandoque responsio consultationibus sub nomine regis , quandoque sub nomine justicar . brevius tamen & rectius poterit consultationibus responderi examinata judicum consultatione hoc modo . talibus judicibus salutem . inspectis literis vestris quas nobis transmisistis , & plenius intellectis ( sine praejudicio melioris sententiae ) consultationi vestrae duximus respondendum , quod si res itase habet sicut in consultatione vestra nobis exposuistis , videtur nobis , quod in causa ista benè potestis procedere non obstante regia prohibitione . est etiam alius modus consultationis & responsionis per m. de b. quod prohibitio locum non habet inter ecclesiasticas personas , ut si viri religiosi teneantur alicui clerico in annuo redditu per chartam & sub protestatione sacramenti , si clericus velit agere in foro ecclesiastico . . tali n. & conjudicibus suis talibus salutem . literas consultationis vestras benignè suscepi , & qua decuit diligentia inspexi , & quibus inspectis & intellectis , vobis & consultationi vestrae sic duximus respondendum ; quod cum juri canonico sit contrarium quod si clericus clericum & maximè viros religiosos convenerit coram judice ecclesiastico , quod iidem religiosi quasi religionis suae immemores , & de ecclesia ( salva pace eorum ) malè scientes ut negotii processum impediant , & judicium ecclesiasticum subterfugiant , & maximè super annuo redditu per eorum chartam , & juramento obligati , ad prohibitionem regiam maliciose recurrant , advertat discretio vestra quod in casu proposito non obitat regia prohibitio , & procedatis securè , ne subterfugiendi detur perniciosa occasio : quia si ipsi conveniantur in seculari judicio , se ibi tuerentur fori privilegio , quia fortè dicerent quod clerici essent , & ideò quod non tenerentur respondere in foro seculari ratione ordinis clericalis & personae suae ; & sic videtur quod causa secularis & res trahitur ad forum ecclesiasticum propter privilegium personae ecclesiasticae quod esse non deberet ( ut videtur ) quia si illud privilegium haberet pro se ne responderet in foro seculari , meritò illud contrà se haberet , ne ei in eodem foro respondetur . nec etiam valere deberet ( ut videtur ) illud quod superius dictum est quod propter recentem spoliationē mutari debet jurisdictio de re temporali non magis de reddito quàm de laico feodo ubi remedium habere posset in foro seculari per assissum novae disseysinae , vel hujusmodi secundum quod redditus fuerit talis vel talis . ut autem consultationibus judicum melius possit responderi , videre non est inutile , ubi & quando locum habere debeat prohibitio , & de quibus rebus , & quando non : et si non in toto , in parte tamen per exceptionem . et sciendum , quod locum habet prohibitio ne judicium procedat in foro ecclesiastico quandoque ratione personarum & rei de qua agitur , ut ubi cognitio mere pertinet ad coronam et dignitatem regiam , ut si laicus laicum implacitaverit coram judice ecclesiastico de aliquo laico feodo , vel de aliquo quod ad laicum feodum pertineat , quia jurisdictionem regiam in hac parte mutare non poterit aliquod privilegium sicut privilegium crucesignatorum , vel alicujus alterius , etiam etsi rex hoc vellet , dissimulat tamen hoc quandoque , quamvis hoc sit contra privilegium coronae et dignitatis suae . item , jurisdictionem suam non mutat fidei interpositio , sacramentum praestitum , nec spontanea renunciatio partium quamvis sibi ipsis in hac parte praejudicent per consensum . et illud idem dicendum erit de debitis & catallis quae non sunt de testamento vel matrimonio , vel eorum sequela . item locum habet prohibitio ratione personarum vel rei , ut si clericus laicum vel laicus clericum in foro ecclesiastico traxerit de aliquo praedictorum . item ratione rei tantum , ut si de aliquo praedictorum clericus in foro ecclesiastico clericum traxerit in placitum , quia si judex ecclesiasticus inter tales judicaverit , judicium suum executioni mandare non poterit quia non est vicecom . nec alius minister qui in executione facienda ei obtemperet . et si ipse exequi voluerit , locum habebit contra ipsum assisa novae disseisinae , & contra eum qui sequitur de laico feodo , dico ad differentiam liberae eleemosynae quae magis propriè dicitur libera cum sit quasi deo dedicata , sicut terra data ecclesiae nomine dotis tempore dedicationis , quae magis privilegiata est , & cujus cognitio ad forum spectat ecclesiasticum , quam sit pura & libera eleemosyna data ecclesiis & viris religiosis , & de qua jurisdictio & cognitio pertinet ad forum seculare . item locum habet prohibitio ratione rei , sicut de laico feodo , quod alicui descendit ex causa successionis . ut si judex ecclesiasticus cognoscere vellet de successione ad querel●m clerici vel laici , locum habet prohibitio ratione rei . . item , & eodem modo ratione contractus , ut si clericus contrahat cum laico in causa alicujus emptionis & venditionis de aliqua re seculari , de qua cognitio pertinent ad forum seculare . . item , & eodem modo locum habet prohibitio ratione delicti , ut si clericus delinquat contra clericum vel laicum , vel laicus contra laicum in re temporali ; ratione delicti vel facti , pertinet cognitio ad forum seculare , tàm in actione injuriarum quàm criminis , dum tamen civiliter agatur , & in quibus casibus omnibus judex secularis habet cognitionem & coertionem , & judex ecclesiasticus non nisi per dissimulationem . si autem criminaliter agatur & super crimine judex ecclesiasticus non habebit jurisdictionem , licet habere debeat judicii executionem . in causa enim sanguinis judicare non potest nec debet , ne committat irregularitatem ; pertinet igitur ( ut videtur ) ad judicem secularem cognitio , & ad judicem ecclesiasticum judicii executio , quia judex secularis degradare non potest , non magis quam ad ordines promovere , sicut superius dictum est in parte . quando & in quibus locum non habeat prohibitio dicendum . et sciendum , quod locum non habebit prohibitio in curia christianitatis de aliquo spirituali , vel spiritualitati annexo , sive agatur inter clericos , sive inter clericum & laicum , vel ubi agatur ex causa testamentaria vel matrimoniali , vel de aliquo de quo sit poenitentia injungenda pro peccato . item locum non habebit prohibitio si in curia christianitatis agatur de aliquo tenemento , quod si sacrum , et pex pontifices deo dedicatum , sicut sunt abbatiae , prioratus , & monasteria & horum coemiteria . item quasi sacra , quia spiritualitati annexa , sicut sunt terrae datae ecclesiis tempore dedicationis , cum aedificiis in eadem contentis & in pertinentiis eorum : unde si ecclesia vel monasterium de hujusmodi terra in dotem data , vel de ejus pertinentiis sicut de communi● pasturae , & hujusmodi fuerit spoliata , si in foro ecclesiastico de restitutione agatur , locum non habebit prohibitio , quod quidem non est intelligendum de libera eleemosyna quamvis sit pura . nota quod non jacet prohibitio in dote ecclesiae , jacet tamen in libera & pura eleemosyna . et de hac materia habetis de term . pasch . anno. regis h. . in com. somers . de richardo persona de hideford . et ad hoc facit expressè , quod habetis de term . s. hilar. anno regis h. . in com. bedf. de gylberto persona de denham . item nec locum habebit prohibitio si in foro ecclesiastico agatur & hoe ratione personarum , sicut de catallis clericorum els violenter ablatis , ut de term . s. hilar. anno regis h. . in com. cornub de ewerino de le lind. item locum non habebit prohibitio fi de decimis agatur , vel si erratum fuerit in forma prohibitionis , ut si fiat prohibitio de debitis , ubi fieri debet de catallis , vel è contrario , ut de term . s. hilar. anno regis h. . in com. warr. de quodam praecentore lyncoln . sed contra de decimis , quod locum habet prohibitio si decimae patantur , vel earum partium si vendantur ex venditione , ut de term . s. mich. anno regis h. . incipiente . in com. ebor. de richardo persona de mapeldon . sed hoc solvitur sic , quod in primo casu conventus fuit primus & principalis debitor , ubi locum non tenuit prohibitio , & in secundo casu conventi fuerint fidejussores & implacitati cum ipse principalis debitor solvendo esset , & ubi post prohibitionem judicatum fuit in foro seculari , quod persona se caperet ad principalem debitorem , qui solvendo fuit , & fide jussores inde quieti . et unde videtur , quod si principalis debitor solvendo non esset , quod persona agere posset in foro ecclesiastico contra fidejussores non obstante prohibitione . item locum non habebit prohibitio in causa testamentaria vel matirmoniali , quia hujusmodi genera placitorum specialiter excipiuntur , cum sint spiritualia vel spiritualibus annexa . item , nec de aliquibus quae sunt eis accessoria , vel annexa ; accessaria dico , sicut est obligatio fide jussionis ut in venditione decimarum , de qua superius dictum . item de promissionibus factis de pecunia danda ob causam matrimonii in initio contractus nomine maritagii . secus autem si tenementum promittatur . et quod hujusmodi pecunia peti possit non obstante prohibitione , inveniri poterit determino s. mich. anno regis h. . incipiente . in com. suff. de hugone de monte causa . ad idem facit , quod habetis de termino s. trinitatis anno regis h. . in com. oxon. & unde prior de berncestre fuit judex . et semper vivendum erit propter quid aliquid factum sit vel permittatur . . item ratione accessionis in causa testamentaria non habet locum prohibitio , si pecunia legetur & petatur , ut debitum in foro ecclesiastico ex causa testamentaria . item nec locum habebit prohibitio , si testator pecuniam sibi debitam legaverit , dum tamen debitum in vita testatoris recognitum sit & probatum , quia hujusmodi pecunia inter bona testatoris connumeratur , & pertinet ad executores . si autem petatur debitum per executores , de quo debitores in vita testatoris confessi non fuerint nec convicti , vel nec post mortem gratis recognoverint , hujusmodi debitum inter bona testatoris non connumeratur , etsi ab executoribus vel ab haerede in foro ecclesiastico petantur , locum habebit prohibitio , & in foro seculari oportebit agere ; hujusmodi enim actiones haereditariae sunt & pertinent ad haeredes , & ideo legari non possunt , & sicut dantur haeredibus contra debitores non executoribus , ita dantur actiones creditoribus contra haeredes & non contra executores . . et quod actiones legari non possunt nec judices ecclesiastici inde recognoscere , nec executores petere debitum quod in vita testatoris non est recognitum , probatur de termino s. hilar. anno regis h. . in com. north. de radulpho persona de irclinbourghe , & quod actiones legari non possunt necinter bona testatoris connumerantur , maximè de antiquo debito , probatur de termino paschae anno regis h. . in com. essex de gervasio de aldermanbury . ad idem facit , quod habetis de termino paschae anno regis h. . in com. south . de eugelardo de cygoiny . . item nec locum habet prohibitio in causa testamentaria , si catalla legentur & inde agatur in foro ecclesiastico . item nec si in civitatibus & burgis legentur domus vel aedificia quae habuit testator de perquisito , cum sint quasi caralla testatoris . secus tamen est in quibusdam locis si proveniant ex descensu antecessoris , in quibusdam locis sicut in civitate london . ubi locum habet prohibitio si inde agatur . item locum non habet prohibitio , si legetur usus fructus alicujus terrae , ut si testator aliquam terram tenuerit ad terminum annorum & usum fructum legaverit , quia usus fructus inter catalla connumeratur , tenemento in suo statu duraturo sicut laicum feodum . sed cum terra ad terminum ita alicui data fuerit , refert utrum testatori tantum , vel testatori & haeredibus suis . si autem testatori tantum , tunc poterit testator in vita dare & in morte legare sine praejudicio haeredum . si autem sibi & haeredibus suis non sic nisi in vita dederit , ubi haeredes tenentur ad warrantiam , & eodem modo si legaverit expressè , si autem nullam mentionem inde fecerit , tunc transit usus fructus ad haeredes . . item locum non habet prohibitio ubi quis de facto & consensu suo proprio effectus est alterius jurisdictionis , scilicet quantum ad seipsum , sed non quantum ad regem ad quem pertinet jurisdictio secundum quod superius dictum est , & ibi judicium de renunciatione , quod non potest quis in praejudicium alterius renunciare , factum tamen fuit contrarium , ut in rotulo de term . pasch . anno regis h. . in com. devon. de thoma de bntryler , alfrido in cottone , quod renunciatio aliis praejudicat quàm renuncianti . item & eodem modo non habebit locum prohibitio , si quis effectus fuerit de alterius jurisdictione de facto suo proprio per appellationem , ut si implacitatus fueri coram judice ecclesiastico , & non suo , appellaverit ad alium judicem non suum , si ad prohibitionem regiam convolaverit ratione rei secularis qua petitur , quantum ad personam suam audiri non debet , licet non quantum ad personam regis , ut supradictum est , quia quos semel approbavit eos post reprobare non potest . . item locum non habebit prohibitio de recenti spoliatione , ut si clericus clericum spoliaverit de decimis vel aliis de quibus cognitio pertinet ad forum ecclesiasticum , quia de hujusmodi restitutione non generatur praejudicium patronis , quantum ad jus advocationis . . item nec locum habet prohibitio in causa restitutionis cum ecclesia recenter spoliata fuerit de aliqua libertate quae ei concessa fuerit tempore dedicationis , sicut habendi rationabile estoverium in bosco patroni , sicut ad housbote & heybote , & ad ardendum & hujusmodi . item habendi communia pasturae ratione terrae datae ecclesiae in dotem : recenter dicitur , quia si non est recenter , aliter erit . item nec locum habebit prohibitio , ubi quis negligens & juris sui contemptor tardius sibi prospexerit quam deberet , quia tunc primo tulit prohibitionem cum proventum esset ad sententiam diffinitivam ferendam , vel fortè cum lata esset sententia , quia ex tunc non esset qui sequeretur placitum , quia prius fuit placitum , vel judex qui placitum teneret , quod post prohibitionem non fuit secutum , quod quidem querens propriae poterit imputare negligentiae , quod si tempestivè fecisset non esset ei implacitandum , & quod judicibus non sit negligentia querentis imputanda , habetis de termino sancti hilar. anno regis h. . in com. north : de richardo olive . sunt revera judices qui cum citatus comparuerit de re ad cognitionem suam non pertinente , ut prohibitionem evadere possint , facta editione sine scriptis et denegato ei beneficio deliberationis , faciunt ei tres commonitiones quamlibet post aliam , primo die litis , & ubi satisfecerit eorum voluntari innodant eum vinculo excommunicationis , & pendente prohibitione , cum talis in hujusmodi excommunicatione perstiterit per . dies , ut prohibitionibus prosecutionem evadant , ad impetrationem eorundem judicum significavit ordinarius regi , quod talis in excommunicatione extitit per tantum tempus , & procurat captionem per hoc breve . . excellentissims domino suo h. dei gratia , &c. talis n. permissione divina exon. episcopus salutem in co qui dat salutem regibus . serenitati r giae praesentibus intimamus , quod a. de n. propter ipsues contumaciam manifestam excommunicationis vinculo innodatus per . dies & amplius in excommunicatione perseverans , ecclesiasticae negligit parere censurae , claves ecclesiae contemnendo . quia vero regia majestas eorum solertiam reprimere consuevit qui ecclesiasticis praeceptis obedire negligunt , & mandatis celsitudinis vestrae , brachium invocamus , rogantes attentius quatenus dei & honoris ecclesiae intuitu , quod minus valet ecclesia in hac parte dignetur regia supplere majestas . conservet vos altissimus . si autem sit qui conqueratur domino regi quod ordinarius judex , vel delegatus maliciose procuraverit captionem , quo minus sequi possic suam prohibitionem , statim fiat breve vicecom . de non capiendo talem in hac forma . . rex vic salutem . ostendit nobis , a. quod cum b. persona de tali loco implacitasset eum curia christianltatis , coram archdiacono tuli & officiali tali , de quodamprato vel aliquod tale quod est laicum feodum ipsius a. & idem a. tulisset eidem archdiacono & officiali suo breve nostrum de prohibitione ne placitum illud tenm et , & eidem b. personae aliud breve nostrum ne illud sequeretur , & postmodum resistere voluerit , tulisset breve nostrum de attachiando eos , ipse archdiaconus & officialis & personae ut procellum prohibitionis nostrae quam idem a. secutus est fraudulenter impedireut suggesserunt tali episcopo , quod idem a. excommunicatus fuit , & per . dies & amplius in excommunicatione illa contumaciter perseveravit , ad quorum fraudulentam suggestionem idem episcopus impetravit à nobis breve nostrum de capiendo ipsum a. praedicta occasione . et quia non debet fraus sua alicui patrociniari nec valere , tibi praeci imus , quod ipsum a. occasione brevis nostri , quod tibi venit de capiendo eum non capias , quo magis impediatur in causae su● prosecutione , & sioccasione praedicta captus fuerit ipsum sine dilatione facias deliberari . et si praedictus archidiaconus , officialis , & persona laicum feodum habuerint in balliva tua , & idem a. fecerit te securum ●● clamore s●● prosequendo , tunc illos ponas por vadium & salvos plegios , quod sint coram nobis tali loco tali die , inde responsuri , & habe as ibi , &c. teste , &c. . cum autem quis meritis suis ex gentibus juste excommunicatus fuerit , & ad mandatum ordinarii captus & imprisonatus , non erit per dominum regem , nec per alium deliberandus antequam deo & ecclesiae satisfecerit competenter . sed si cum hoc fecerit vel cautionem praestiterit de parendo juri & * satisfaciendo competenter , & ordinarius ulterius ipsum malitiosè in prisona detineri fecerit , ex tunc pertinebit ad regem deliberatio proper malitiam dum tamen procedat satisfactio , vel sufficiens † cautio de satisfaciendo ( ut praedictum est ) quod prius fieri non deberet , nisi tunc demum cum ipse rex literas ordinario de satisfactione reciperet , & in hoc casu fiat breve vic. in hac forma . . rex vic. salutem . ostensum est nobis ex parte a. de n. qui meritis suis exigentibus , vel propter manifestam contumaciam suam excommunicatu● fuerit , & ad praeceptum nostrum captus & in prisona nostra detentus , eo quod per . dies & amplius in excommunicatione illa contumaciter perseveravit ; donec deo & ecclesiae satisfecerit competenter , paratus sit deo & ecclesiae satisfacere ; talis ordinarius facit eum malitios● in prisona detineri ad gravamen & dampnum ipsius a. non modicum . et quoniam in hac parte * propter malitiam ipsius ordinarii ad nos pertinet deliberatio ; tibi praecipimus , quod si idem a. eidem ordinarii tali sufficientem fecerit securitatem de parendo juri & satisfaciendo competenter deo & eccle●iae , tunc illum a. si●e dilatione facias deliberari . et si ordinarius hoc r●cusaverit , tunc tu ipse vice nostra capta securitate ( ut praedictum est ) illum sine dilatione deliberari facias . cum autem ad prohibitionem judices supersedere noluerint , nec ille qui prosequitur à prosecutione desistere , attachientur omnes , quod sint coram rege , vel justic . suis de banco , vel itinerantibus , per tale breve ad respondendum , quare , &c. rex vic. salutem . si a. fecerit te securum de clamore suo prosequendo , tunc pone per vadium & salvos plegios b. talem ordinarium , quod ●it coram nobis vel justic . nostris apud westm . vel coram justic . nostris ad primam a●●isam , &c. ostensurus , quare tenuerit placitum in curia christianitatis de laico feodo ipsius a. in tali villa contra prohibitionem nostram , vel de advocatione talis ecclesiae , vel de debitis & catallis , quae non sunt de testamento vel matrimonio , & hujusmodi pone per vadium & salvos plegios . et quod tunc sit ibi ●stensurus quare secutus est idem placitum in eadem curia christianitatis , contra prohibitionem nostram , & habeas ibi nomina plegiorum , & hoc breve . teste , &c. et ita fiunt brevia de attachiamento quae conveniant cum brevibus de prohibitione . si autem fieri debeat attachiamentum de judicibus delegatis , vel subdelegatis , tunc fiat breve in hac forma . . rex vic. salutem . si a. fecerit te securum de clamore suo prosequendo , tunc pone per vadium & salvos plegios b. c. d. ( nominibus propriis expressè , videlicet b. episcopum , vel abbatem , vel priorem talem , archidia●onum talem , & d. officialem talem ) quod sint coram nobis , vel justic . nostris , &c. ut supra , ostensuri , quare tenuerunt placitum in curia christianitatis de laico feodo & hujusmodi , &c. ut supra , authoritate literarum domini papae , et hujusmodi contra prohibitionem nostram . pone etiam per vadium & salvos plegios , quod tunc sit ibi ostensurus , quare secutus est idem placitum in curia christianitatis , contra prohibitionem nostram . et habeas ibi , &c. ut supra . et ita fiat attachiamentum si judices & ille qui sequitur manentes fuerint in eodem com. si autem in diversis , tunc fiant brevia diversa singulis vic. per se . . si autem ad diem non venerint , tunc aut vicecomes mandat , quod attachiati sunt , in quo casu attachientur per meliores plegios , & quod distringantur per omnes terras , &c. quod sint ad alium diem , & observetur ordo attachiamentorum sicut observatur in aliis actionibus personalibus . si autem mandaverit vicecomes , quod clerici sint , & plegios invenire noluerint , nec laicum feodum habuerint per quod possint distringi , tunc mandetur ordinariis & episcopo , quod faciant eos venire sicut alibi in actionibus personalibus observatur regulariter . verum est , quod judex clericus cognitionem non habet de laico feodo alicujus . sed quid dicitur de tenementis quae sunt in civitatibus & villis , quae legari possint sicut catalla sive tenementa sicut de perquisito , vel haereditas descendens , an locum habeat prohibitio ? videtur quod non , quia de voluntate testatoris qui legare potest hujusmodi , de jure communi effecta sunt hujusmodi tenementa quasi catalla testatoris , & ideo non habet locum prohibitio . item de hoc , quod dicitur de laico feodo talis oportet , quod ille qui queritur doceat laicum tenementum illud esse suum . et unde si quis teneatur alicui domino suo ad redditum aliquem , tenens prohibitionem non habebit , quia redditus erit ipsius domini non tenentis . si autem de hujusmodi ▪ non fiat prohibitio , cum sint quasi catalla vel pecunia promissa ob causam matrimonii , non habet locum prohibitio , cum illud quod principale est trahat ad se debitum , & catalla quasi accessoria testamento vel matrimonio . item , si fiat prohibitio ut de laico feodo , non valet de jure , nec quantum ad petentem redditum , nec quantum ad tenentem tenementum de quo provenit , quia laicum & feodum versum est in catallam & causa testatoris , ut cum legaretur ex tali causa obtinuerit . item , incipit tale tenementum esse laicum feodum & non ante , quod non erit de decimis , cum semel efficiantur laicum feodum , nunquam reincipient esse decimae , & haec vera sunt secundum biastos , sed contra de termino s. mich. anno regis h. filii regis i. secund . incipiente tertio in com. kanc de matilda filia simonis , quae atta chiata fuit , quia secuta fuit placitum , & abbas sancti augustini , & prior sanctae trinitatis cantuariensis , & prior sancti gregorii judices , qui tenuerint placita de quadam domo quam matilda petiit , ex causa testamentaria london . et unde simon filius simonis questus fuit , quod laico feodo suo ibi defenderunt omnes , & ad judicatae fuerunt leges sed remissae , cum ad petitionem legati , & judices securitatem praestiterunt quod ulterius non procedant , sed quale remedium habebit legatarius in foro laicali . et sciendum quod semper locum habet prohibitio quousque discussum fuerit , in curia regis utrum legata fuerit vel non ? et tunc primò procedant judices de licentia , quia ipsi non possunt aestimare ab initio . cum autem partes comparuerint in judicio , tam querens , quam ille de quo queritur , & judices , vel quidam illorum , proponat querens intentionem suam in hunc modum . ego a. conqueror de b. quod me injuste vexavit & gravavit trahendo me in placitum in curia christianitatis de laico feodo meo , scilicet tali , & exprimat qualitatem terrae , vel hujusmodi , vel alterius tenementi , vel si de debitis & catallis , quae non sunt , &c. tunc exprimat cujusmodi debita , & cujusmodi catalla , de quibus implacitatus fuerit , & quod hoc fecerit , contra prohibitionem , & unde damnum ad valentiam , &c. . item , ad intentionem suam confirmandam & juvandam proferat aeditionem e● factam in judicio & in scriptis redactam , si possit quod porrexit ei prohibitionem domini regis tali loco , tali die in pleno consistorio tali , & ipsi nihilominus processerunt ad prosecutionem ipsius de quo queritur , ita quod admiserunt probationes testium & hujusmodi , vel quia ipse querens noluit obtemperare judicatis , excommunicaverit eum non obstante prohibitione sua , & inde statim producat sectam sufficientem , d●os ad minus , vel tres , vel plures , si possit . et si de veritate dubitetur , examinentur diligenter , de die , & loco , & aliis circumstantiis secundum quod observatur de testibus porducendis , qui si in examinatione facienda inventi fuerint discordes , perinde erit ac si nullam sectam produxerit , & undè ad simplicem vocem querentis non habent judices necesse , nec pars de qua queritur , defendere se per legem . sed quoniam deficere possit probatio licet jus non deficiat , cum tales fuerint absoluti fortè pro defectu probationis , dicatur eis ; quod quicquid actum fuerit , non procedant de aliquo placito quod pertinet ad coronam & dignitatem regiam . si autem in omnibus inveniantur concordes , audire debent justic responsiones judicum & partes . respondere itaque poterunt multis modis , vel quod locum habere non potuit prohibitio , quia res quae acta est , merè spiritualis est , vel spiritualitati annexa , & hoc docere possunt per aeditionem factam , ut causa fuerit , testamentaria vel matrimonialis , in quo casu in nullo praesumptum est contra regiam dignitatem , & sic absolvi poterunt ab observatione judicii . si vero per aeditionem vel confessionem constiterit , quod res de qua actum fuerit ▪ merè fuit temporalis , ita quod cognitio pertinet ad regem , benè poterunt defendere contra quer●ntem & sectam suam , quod nunquam prosecuti fuerint post prohibitinem , si quam inde habuerint , vel quod nullam habuerint omnino prohibitionem . . et quo casu vadiet legem quilibet se ● manu , qua vadiata & plegiis inventis de lege facienda , dabitur eis dies ad legem faciendam , ad quam si voluerint , possunt se essoniare , & habebunt àlium diem per essoniatores suos . et si ad diem sibi datum non venerint , nec se assoniaverint , pro convictis habebuntur , judicium habebunt , & damna querenti restituent . cum autem comparuerint & producant compurgatores suos , quamvis familiares & amicos , secundum quod secta producta fuerit de familiaribus & amicis , facilius enim admittuntur purgatores alicujus ad legem & defensionem propriam quàm recognitores ad recognitionem , & non est necesse quod omnes sint ejusdem ordinis , conditionis , vel dignitatis cujus est ille qui legem vadiat ; sufficit enim si fideles sint & bonae opinionis , ut si episcopus , abbas vel prior ad legem teneatur , non oportebit , quod omnes compurgatores sint episcopi , abbates , vel priores , nec si clerici sint ordinati , milites , vel conjungati dum tamen alio modo sint idone● , ut praedictum est . formantur autem verba legis secundam formam recordi sicut in omnibus aliis legibus faciendis observatur , in qua si quis eorum defecerit , si laicus fuerit , pro convicto habeatur de eo quod imponitur , et gaulae committatur , sicut praesumptor contra regiam dignitatem , ac si crimen lesae majestatis commisisset . si autem clericus aliquando , cum eo mitiùs agitur de gratia , ob reverentiam ordinis clericalis . si autem convicti , damna restituent querenit , adhibita tamen taxatione aliquando debita secundum quod justic . viderint jusium . . refert ( secundum quosdam ) quis prius se purgaverit , index , vel ille de quo queritur . dicunt , quidam quod si index se purgaverit prius unus vel plures , quod ille qui secutus est non propter hoc liberabitur , & quod quilibet in hoc casu defendat causam propriam , licet videatur prima facie , quod non est qui sequatur , cum non sit qui teneat placitum ( quod non est verum secundum quosdam ) sed vice versa , si ille qui sequi debeat se purgaverit , judices pro hoc liberantur , cum non sit qui teneat placitum , cum non sit qui sequatur , quod non est ipso casu , ubi quis sequi poterit de facto suo & voluntate , licet index in probatione defecerit , ille qui sequitur non est propter hoc condemnatus , nec eodem modo si unus ex pluribus judicibus quia quilibet in hoc casu desendat causam suam propriam secundum quod legitur f. ad legem julianam de adulterinis lege ult . denunciasse c. quare ubi dicitur quod expectabit mulier sententiam de adulterio prolatam , qui si absolutus fuerit , mulier per eum vincet , nec ultra accusari possit . si autem condemnatus fuerit , mulier non est condemnanda , sed aget causam suam , & fortassis obtinere vel gratia , vel justitia poterit vel legis auxilio . quid enim si adulter ab inimicis oppressus sit , aut similibus argumentis testibusque subornatis , apud praesidem gravatis , quia aut voluit , aut non potuit mulier provocare judicem religiosum . mulier verò sertitata , quod quidem ( ut videtur ) melius esset observare in omnibus casibus supradictis , ut si unus judex se purgaverit , quod hoc prodesse debet conjudicibus suis & parti . si autem in purgatione defecerit , quod hoc aliis non noceat , quin se defendere possint , & causam suam . . item , respondere possunt judices secundum quod superius in parte dictum est , quod quamvis res de qua agitur temporalis sit & cognitio pertineat ad forum seculare , ipse querens expressè renunciavit privilegio fori in scriptura & regiae prohibitioni , & quod conveniri possit ubicunque creditor vellet , & in quocunque foro . et ideo quod ipse querens audiri non debet propter renunciationem ex quo gratis trahi voluit , ad forum vetitum & judicem non suum . et cum judices super hoc & creditor , instrumentum protulerunt de renunciatione quod querens dedicere non possit , statim & ante omnia in judicio seculari compellatur ipse querens , quod reddat illud , quod debet , vel faciat quod convenit , & sic in misericordia pro injusta retentione versus suum creditorem etiam fine alio brevi sicut supradictum est , propter dolum & malitiam suam , quia per se reversus est ad judicium regium cui prius renunciavit in ipsius regis praejudicium . et iis ità peractis tunc demum procedatur in causa prohibitionis , & si convictum sit , quod aliquando gratis processit in foro ecclesiastico , tunc prosecutione & renunciatione concurrentibus aggravetur paena propter multiplicem injuriam , & debitor in causa prohibitionis puniatur propter renunciationem , cum poena praecedenti propter injustam detentionem , & propter fraudem inveniendo contra factum suum proprium . judices vero puniantur , quia tenuerunt placitum in praejudicium domini regis , et similiter creditor quia debitorem traxit ad forum vetitum . et secundum quod dicitur , quod laicus non poterit renunciare foro seculari in praejudicium regiae dignitatis , eodem modo videtur quod nec clericus si vellet in causa criminali vel alia cujus cognitio pertineat ad ecclesiasticam dignitatem & ordinem clericalem ; & est eadem ferè ratio habita inde : index vero ecclesiasticus si judicaverit de laico feodo non poterit sententiam demandare executioni , quia si illam demandaverit vicecomiti exequendam , non erit ei parendus . si autem illam legem per ipsum vel suos exequatur , locus erit novae desseysinae . eodem modo videtur quod si laicus cognoverit in causa criminali de clerico uti sequatur degradatio , si judicium faciat contra clericum , sive se gratis posuerit in inquisitionem sive non , quod non valebit quod actum est ; quia episcopus nunquam ad mandatum judicis secularis fine se procedet ad degradationem . igitur alia convictione opus erit in foro ecclesiastico ut ipse cognoscat et judicet , qui poterit judicium demandare executioni . igitur quandocunque petatur clericus in tali actione ab episcopo , erit illi deliberandus quia non habebit rex prisonam de eo quem judicare non poterit . in causis vero civilibus ubi non agitur ad degradationem , videtur quod clerici se tueri non possunt , quin respondeant in foro seculari , in placitis quae pertinent ad coronam et dignitatem regis , quia rex poterit judicium demandare executioni sine praejudicio ecclesiasticae dignitatis , maxime si voluerit quod clericis in hujusmodi actionibus civilibus in foro seculari respondeatur , quod hujusmodi placita pertinent ad dignitatem et coronam regiam ratione reiet ratione dilecti . superius dictum est qualiter revocatur jurisdictio , cum quis tractus fuerit in placitum ad judicium vetitum & ad judicem non suum , scilicet ad forum ecclesiasticum in placitis & actionibus quarum cognitio pertinet ad coronam & regiam dignitatem , per exceptionem oppositam contra jurisdictionem . nunc autem dicendum est qualiter excipiendum est contra jurisdictionem alicujus judicis , qui se facit judicem de placitis & actionibus quae pertinent ad coronam & regiam dignitatem , cum quis tractus fuerit in placitum coram eo . et sciendum quod imprimis ad hoc quod rata sint judicia , * videre oportet , an justicjarius warrantam habeat a rege , quod judicare posset , quia si warrantum non habuerit , non valebit quod coram eo actum fuit , quasi coram non suo judice , quia primo legi debet breve originale , et postmodum breve per quod justic . constitutus est . et si nullum omnino habuerit , vel si habuerit , non tamen ad manum , non erit ei parendum , nisi forte ita sit quod breve originale de justiciaria sua faciat mentionem . item , nec est ei parendum si contra jurisdictionem suam excipiatur , quod fuit ab eo subdelegatus qui judicem dare non posset , * ut si justiciarius sub se justiciarium fecerit ad totam causam , non magis quam si procurator faceret procuratorem . item , nec erit ei obtemperandum cum contra eum excipiatur licet warrantum ostendat , non per ipsum qui se delegavit translata fuerit jurisdictio & cognitio ad alium , quia siquis diversis temporibus duos dederit judices , posteriorem dando videtur prohibuisse priori . item . nec est ei parendum si excipiatur licet legatus fuerit , & warrantum habuerit , si sub praetextu unius placiti velit cognoscere de aliis ad quae non extenditur sua jurisdictio , vel si cum habeat jurisdictionem ad unum placitum , fides mandati excedat & jurisdictionem extendat , ad alia quae sequuntur assisam post captionem assisae , cum sit functus officio suo sicut ad certificationem , cum generalem non habeat jurisdictionem sibi delegatam , sicut habent justic . itinerantes in comitatu ad omnia placita , vel sicut justic . capitales . item , excipitur contra jurisdictionem inferioris justiciarii ubi praefertur jurisdictio jurisdictioni , ut si quis implacitatus fuerit de una & eadem re ab una vel diversis curiis , sicut in curia domini regis , curia baronis , vel alterius alicujus inferioris , quo casu majus auditorium praeferri debet minori . et si in majori curia ostenderit tenens , quod de eadem re in minori curia implacitatus fuerit , prohibebitur ex parte regis quod de placito illo in inferiori curia non procedatur , & quamvis processum fuerit , quandoque sive prohibitio intervenerit , sive non , omnia quae acta sunt in minori curia revocabuntur . item , datur exceptio contra jurisdictionem propter privilegium implacitati , ut si quis respondere non debeat de aliquo placito nisi coram ipso rege vel capitali justic . suo , quale habent hospitalarii templarii & plures alii . item , datur exceptio contra jurisdictionem propter privilegium proveniens ex concessa libertate , ut si universitas vel communitas civitatis alicujus , sicut london . respondere non teneatur de aliquo placito extra civitatem , quale habent barones civitatis london . qui de nullo respondebunt extra civitatem , nisi tantum de tenuris & contractibus forinsecis . item , exceptio datur contra jurisdictionem propter libertatem alicujus universitatis , quae de nullo placito respondebit , nisi certo loco , qualem habet barones de quinque portubus qui non respondebunt de aliquo nisi apud shypwey . item , datur exceptio contra jurisdictionem propter utilitatem alicujus universitatis , scilicet ne trahantur extra com. ad faciendam assisamsam novae disseysinae , & mortis antecessoris . item datur exceptio contra jurisdictionem sicut in curia baron . qui placitum de recto tenere nolunt vel non possunt , vel si jurisdictionem remiserint in curia sua , & eam velint postmodum repetere . in fine notandum de jurisdictione majorum & minorum , et imprimis , sicut dominus papa in spiritualibus super omnibus habeat ordinariam jurisdictionem , ita habet rex in regno suo ordinariam in temporalibus , et pares non habet neque superiores , et sunt qui sub eis ordinariam habent in multis , sed non ita meram sicut papa vel rex . et pares esse poterunt illi qui inferiores sunt in jurisdictione sua multis rationibus , sed par in parem non habebit jurisdictionem non magis quàm imperium , & multò fortius nec in superiorem . . item sicut a papa poterit quis habere jurisdictionem delegatam in spirituabus , ita poterit quis à rege in temporalibus , sicut justic . majores vel minores , vel alii qui sunt quasi justic . viz. quibus rex concessit libertates aliquas quae pertinent ad coronam & libertatem suam ; & ideo quamvis in temporalibus sicut in spiritualibus ita poterit quis a rege in temporalibus sicut justic . majores vel minores vel alii qui sunt quasi justic . viz. quibus rex concessit libertates aliquas quae pertinent ad coronam & libertatem suam , & ideo quamvis in temporalibus sicut in spiritualibus debet rex aestimare vel justic . sui , an sua sit jurisdictio an non , ut sciri possit utrum summonitus venire debeat an non ; tamen si iudex ecclesiasticus falcem ponens in messem alienam aliquid praesumpserit contra coronam et dignitatem regiam , sicut de laico feodo vel de catallis cum prohibitionem a rege susceperit , supersedere debet in omni casu , saltem donec constiterit in curia regia , ad quem pertineat jurisdictio ; quia si juder ecclesiasticus aestimare posset an sua esset jurisdictio , in omni casu indifferenter procederet non obstante regia prohibitione . debet igitur vel omnino supersedere , vel cum attachiatus fuerit , venire vel mittere quod examinato placito in curia regia de consilio curiae supersedeat , vel procedat , quod si non fuerit , poena debita puniatur , ut supra . therefore the kings temporal courts , and jurisdiction within his realm , were paramount the popes and prelates ecclesiastical , since they could thus prohibit , controle , stay their judgements , processe , suites , limit , judge , determine their jurisdictions , and attach their persons if they exceeded them , whereas they could neither stay , censure , nor controle the kings or his temporal courts proceedings or judgements in such cases . mutatur quandoque jurisdictio de jurisdictione in jurisdictionem mutatis rerum nominibus , ut si de laico catallo fiat spirituale , ut cum res fuerint decimatae , fiunt de laico catallo res spirituales , & sic mutatur jurisdictio secularis in spiritualem . item è converso cum decimae venditae fuerint , & ad alium traslatae , reincipiunt iterum esse laicum catallum . eodem modo dici poterit de laico feodo quod mutato nomine in causa testamentaria fit laicum feodum executo testamento . eodem modo fieri deberet ( ut videtur ) de rebus datis vel promissis ob causam matrimonii principaliter , & illud idem de rebus que accidunt de matrimonio , ut si pecunia promisa fuerit ob causam matrimonii . et quia ejusdem juris , id est jurisdictionis esse deberet accessorium , cujus juris fuerit principale , & quamvis praedictorum pertineat cognitio ad judicem & forum ecclesiasticum , tamen ad prohibitionem regiam erit supersedendum , sed revera locum habet prohibitio , quia si in burgo domus vel praedium legatum fuerit , in foro seculari terminabitur negotium , sicut de assignatione fieri oportet . et si legatarius fuerit in seysina , habebit exceptionem contra haeredem & assisam novae disseysinae si fuerit ejectus , si autem extra seysinam , tunc habebit actionem in foro seculari per modum donationis versus omnes . item videndum est , an privatorum consensus commutare possit regiam jurisdictionem in contractibus privatis ; ut siquis sic consentiat ad alterius jurisdictionem ad vetitum examen convolando non obstante prohibitione , & verum est quod non , quia imponi non potest necessitas regi quod suam jurisdictionem amittet , secundum quod superius dictum est in parte . item nec mutari poterit per modum donationis sive per conventionem privatorum licet ipse qui modum imposuerit sibi & suis praejudicet : ut si privata persona bastardo dederit & suis haeredibus , vel cui dare vel assignare voluerit , & si haeredes non habuerit reversura esset terra ad donatorem , sed quia donator modum adjecit , quia dare possit & assignare , valebit donatio & assignatio , quae alias non valerent . eodem modo videtur quod adjicere possit quod , bastardus legare possit , sed per hujusmodi modum adjectum non mutatur jurisdictio regis , sed in curia regis terminabitur negotium si legatarius fuerit extra ●eysinam , & per tale breve . praecipe &c. et quae ad talem reverti debent per modum donationis quem talis ei fecit , quod illam dare potuit , legare & assignare ; quia eadem ratione qua bastardus per modum donationis dare potest & assignare licet haeredes non habuerit , eadem ratione poterit legare , & ita quod res data nec ad se nec ad haeredes suos reverti possit , quia nulla ex hoc fit eis injuria , quia donator hoc voluit , & nihilominus tenentur haeredes factum illud warrantizare legatario licet haeredes bastardi defecerint . et quod dicitur de bastardo , idem observari poterit de legitimo , quia poterit in persona omnium lex imponi & modus sive donatorius liber sit vel servus , legitimus vel bastardus , quia oportet utrumque , tam donatorem quam donatorium facere quod convenit , ex quo uterque ab initio voluit . . item mutat aliquando jurisdictionem contractus & aliquando delictum . ut si clericus contraxerit aliquo modo cum laico , conveniendus est ubi contraxerit , & aliquando ubi deliquit , dum tamen civiliter agatur , non ad poenam corporalem infligendam , nisi degradatio vel alia capitis diminutio imponatur . item mutat aliquando jurisdictionem privilegium ordinis clericalis , ut si clericus clericum convenerit in actione injuriae , vel de rebus spiritualibus , sicut decimis , vel rebus mobilibus , vel hujusmodi clericorum , sicut de catallis & debitis ubi ad vetitum examen convolare non debent . si autem de laico feodo agatur , aliud erit nisi fuerit dedicatum & deo sacratum , & efficiatur res sacra ; quod quidem dici non poterit de re in liberam & perpetuam eleemosynam datam . the bishops being much troubled at the kings prohibitions issued to their courts against their manifold encroachments on his crown , courts , officers , subjects , and with this treatise of bracton , then compiled in justification of them ; the king then extreamly wanting monyes , earnestly pressed the cistercian abbots and bishops to supply his necessities , to satisfie the popes unreasonable forecited demands and his merchants obligations : and although the cistercians resolutely refused to grant him any ayd , yet the bishops to avoid the kings further displeasure , who would multiply his prohibitions if they denyed him a supply , and being likewise more fearful of displeasing the pope , they endeavoured to make use of his necessities , to advance their pontifical miters above his crown , their canons paramount the laws , customs of the realm , and all temporal courts jurisdictions whatsoever , granting him an ayde , in hope to obtaine his royal assent to no les●e then . articles ▪ which they prepared and put in writing not only as grievances , but high encroachments on the churches liberties , thus related by matthew paris . in epiphania autem domini , dominus rex minimè considerans pluviarum inundationes , ventorum vehementiam , fluminum impetus , laborum inquietudinem , fecit convocari abbates cisterciensis ordinis , ut londinum convenirent , praeceptum regium audituri ▪ venerunt igitur vexati mirabiliter : quia sic oportuit , omni spe misericordiae destituti . qui cùm venissent coram rege , rogante instanter & urgenter auxilium pecuniare non modicum , responderunt omnes , quasi uno ore & spiritu , quòd nec voluerunt , nec potuerunt , sine sui capituli generali provisione & consensu , vel saltem communi assensu omnium abbatum angliae ordinis cisterciensis , qui tunc temporis praesentes non fuerant . et cùm sine die qua convenire omnes possent , recessissent , praecepit rex cum magno rancore , ut nullam abbatibus cisterciensibus gratiam faceret . et sic tacitè permisit vicecomitibus , forrestariis , & aliis regiis satellitibus & exactoribus , ( qui tamen sine regio favore & praecepto ad hoc poni fuerant ) omnes abbates ordinis cisterciensis , vicinos damnificare , & causis excogitatis irretire . circa idem tempus praelati angliae miserabiliter enervati & meticulosi , constantiam cisterciensium minimè consequentes ( qui regi pecuniam in estimabilem exigenti in faciem restiterunt ) concesserunt regi quadraginta duo millia marcarum , in enormem ecclesiae et regni laesionem et jacturam irrestaurabilem , & concessa fuit haec pecunia vel domino regi , vel ipsi , ad mancipandum regnum apuliae , edmundo filio regis . sed illius regni adquisitio diatim caepit incrementum desperationis . rex autem qui parum hoc munus acceptavit promisit se citissimè ecclesiae oppressione temperando ad statum debitae libertatis revocare . undè formati sunt articuli circiter quinquaginta , quos praelati in scripta redegerunt , ut apto tempore coram rege & magnatibus & praelatis lecti , effectum debitum sortirentur . qui articuli , vel capitula , similia fuerunt illis , pro quibus beatus thomas archiepiscopus cantuariensis martyr dimicavit victor gloriosus . articuli autem tantum continent literae , quantum duo nocturna vel tria . quaere in libro additamentorum . these articles it seems were drawn up in a convocation summoned this year by archbishop boniface , as matthew paris thus stories . diebus sub eisdem , archiepiscopus cantuariensis bonifacius convocavit episcopos & archidiaconos provinciae suae , ut invocata devotè spiritus sancti gratia , ecclesiae jam vacillantis anglicanae , quae novis oppressionibus modernis annis solito gravioribus et intolerabilioribus opprimitur , statui subvenirent , communiter contractantes . rex enim consiliis imo sibilis adulatorum , et regni inimicorum incurvatus , permisit quasdam enormes consuetudines , tanquam spinosos frutices in horto voluptatis fructifero succrescere , et fructiferas arbores suffocare . sperabatur igitur certissime , ut in hac convocatione eidem archiepiscopo daretur desuper opponere se murum pro domo domini , ut certamen iniret contra rebelles ecclesiae , beati thomae martyris vestigia sequendo pedetentim . the king ( it seems ) understanding the archbishops and bishops designs intended to be prosecuted in this council against his crown , dignity , courts , judges , prohibitions , laws and customs of the realm , prohibited him and them to meet therein under pain of forfeiting their temporalties , by these ensuing prohibitions issued to him and them . rex h. linc. episcopo salutem . cum pro exercitu nostro cum quo tendimus ad partes cestriae , contra wallenses inimicos nostros , vos & omnes alios praelatos & magnates regni nostri fecerimus summoneri , ad eundem nobiscum cum toto servitio suo , nobis debito , pro defensione terrae nost ae contrae praedictos wallenses . et archiepiscopus cantuar. quandam convocationem episcoporum fiexi fecerit london . in octabis assumptionis beatae mariae , ut audivimus . quae quidem convocatio aur alii tractatus , vel concilia , nobis existentibus et agentibus in exercitu nostro fieri non debent , eo quod singuli tam praelati , quam alii in propriis personis venire debeant ad defensionem coronae et regni nostri , et per absentiam eorundē grave nobis et terrae nostrae periculum posset imminere ; inhibuimus districte praefato archiepiscopo , ne dictam convocationem faciat , sed convocationem illam dum fuerimus in exercitu nostro penitus revocet , et suspendat , unde sub debito fidelitatis qua nobis tenemini et forisfactura omnium terrarum et tenementorum quae in regno nostro tenetis , vobis districte prohibemus , ne ad convocationem hujusmodi dum fuerimus in exercitu nostro , accedere praesumatis , sed ad nos versus walliam pro defensione nostra et terrae nostrae contra praedictos wallenses , sine morae dispendio veniatis , servitium vestrum nobis debitum personaliter impensuri , ne pro defectu vestri exhaeredationem perpetuam patiamur . teste meipso apud wodest . . die julii . eodem modo mandatum est aliis episcopis cantuar. provinciae in anglia existentibus . et mandatum est officialibus episcoporum ejusdem provinciae agentium in partibus transmarinis , quod ad convocationem praedictam non accedant , sed sub amissione omnium terrarum dominorum suorum mittant regi servitia quae domini sui regi debent . the archbishop and bishops notwithstanding these writs , met and proceeded in then convocation in a very contemptuous and presumptuous manner , as these . articles then drawn up and tendred to the king , and their treasonable papal decrees in pursuit of them , will most evidently demonstrate , thus registred by matthew paris in his additamenta , for their eternal honour . articuli pro quibus episcopi angliae fuerant pugnaturi ▪ imprimis , quod vacantibus ecclesiis cathedralibus seu conventualibus , conventus talhantur , terrae relinquuntur incultae : vastantur nemora , parci & vivaria , corruunt aedificia , diripiuntur bona , depauperantur villani & maletractantur : ita quod mendicare coguntur praelati succedentes , per tempora diuturna : quod est contra domini regis chartam , & etiam ecclesiasticam libertatem . et in tantum jam crevit malitia , quod escaetores non ad bona abbatum & priorum usui decedentium deputata , manus extendunt , verumetiam ad blada instaurata , & alia quibus conventus sustentari debet : ita quod occasione talis custodiae , quandoque religiosi debitis gravibus onerati , & alias multipliciter depauperati , resurgere non possunt , nec ad statum debitum pervenire temporibus diuturnis . . item , cum ecclesiae cathedrali seu monasterio ecclesiasticum beneficium sit annexum , si curam habeant animarum , illud occupant custodes gardarum , decimas & obventiones , & alios proventus inde percipientes , contra deum & omnia jura : cum talia beneficia non pertineant , ad baroniam , et ratione laicalium bonorum tantum ad dominum regem custodem devolvuntur . . item , cum electiones in ecclesiis cathedralibus seu conventualibus debeant esse liberae , tot et tales preces regales interveniunt , quibus electores perterriti , saepius divinae humanam praeferunt voluntatem . eodem modo fit de ecclesiis vel praebendis , ad opus regalium clericorum , cum eas vacare contingit . . item , celebratis electionibus , & praesentatis domino regi electis , interdum differunt adhibere consensum electo , vel electioni , absque causa rationabili se opponentes , ut sic electi per timorem cedere , vel electores precibus regis et voluntati acquiescere compellantur , ex quibus multa pericula , tam spiritualia quam temporalia , contingunt ecclesiis . . item , cum aliquando in casu à jure non concesso , ad praelatum superiorem devolvitur potestas ordinandi de ecclesia cathedrali vel collegiata vacante , dominus rex privilegium christi concessum de licentia eligendi , ab electoribus ante electionem celebrandam , ab eo petenda , ad hujusmodi ordinationem nititur extendere , in suae salutis dispendium , et scandalum plurimorum , et etiam contra * patris sui chartam super electionibus concessam . . item , in ecclesiis parochialibus & praebendalibus curam animarum habentibus , intrudit clericos per laicam potestatem ; ordinariis penitus irrequisitis : & saepius institutos , ab ordinariis destituit & ejicit . destitutos etiam ab eisdem , licet degradatos , restituit , tàm in monasteriis , quàm parochialibus ecclesiis , & sic restitutos armatâ manu defendit . . item , praelatos trahit ad forum suum ut ibi respondeant , quare subditos suos excommunicaverint vel denunciaverint excommunicatos : sicut quare non admiserit clericum idoneum praesentatum , ad aliquam ecclesiam etiam parochialem . . item , si quis laicus vel etiam clericus , sibi vel suis justiciariis de clerico conqueratur super aliqua violentia vel alia injuria , de debitis etiam vel aliis personalibus actionibus , si clericus laicum feodum habeat , pet illud distringitur ad comparandum in foro suo super talibus responsurus . quod si tale feodum non habeat , distringitur episcopus per baroniam suam , quod clericum ipsum ad hoc faciendum illuc venire faciat . idem etiam facit de religiosis interdum . . item , cum praelati ecclesiastici inquirere volunt de peccatis subditorum , * prohibentur laici , ne de veritate dicenda , aut de credulitate , aliquod iuramentum exponant , aut praelatis super hujusmodi obediant : propter quod multorum excessus et peccata mortalia incorrecta et impunita relinquuntur , et sic praestatur audacia delinquendi , et peccati facultas . . item , cum quis excommunicatus pro offensa vel contumacia , post . dies ad mandatum ecclesiae secundum consuetudinem , per breve domini regis capitur , & postea sine assensu sui praelati , ad cujus instantiam capitur , & absque aliqua satisfactione , contra jus et consuetudinrm regni ac ecclesiae libertatem , per breve domini regis liberatur . . item , vicecomites tales excommunicatos ad mandatum domini regis non capiunt , et si capiant , liberant sine mandato regio et satisfactione . . item , * dominus rex , iusticiarii et ballivi sui passim et indifferenter excommunicatis communicant , tam in divinis quam in judiciis . et etiam dominus rex excommunicatos et claves ecclesiae contemnentes , ad mandatum suum captos , facit liberari , ad causam si quam habent in curia laicali personaliter persequendam : nec admittitur exceptio excommunicationis contra eos etiam probata , per literas ordinariorum . . item , dominus rex mandat literis suis , quod non vitentur excommunicati , licet per ordinarios publice denuncientur excommunicati . . item , cum clericus super aliquo crimine , furto , vel homicidio , vel aliqua alia felonia , per laicorum diffamationem aut latronum appellationem irretitus existat , pro quo detentus sit in carcere laicali , cum ab ecclesia & suo praelato requiritur , ipsum liberum habere non potest . nec reddunt captos clericos libere judicandos , sed ut eos habeant coram iusticiariis domini regis proximo in comitatu itinerantibus , per intervallum aliquando sex vel quinque annorum , licet ab eis judicari non possit . . item , clerici sic capti plerumque in habitu clericali inventi , antequam ab ordinariis ecclesiasticis repetantur seu repeti possint , suspenduntur , & quandoque capita eorum raduntur ut clerici non appareant , & sicut laici judicentur . quandoque cum rep●tuntur , differtur eorum liberatio ad tempus , & interim suspenduntur de nocte vel hora prandii , ne ad notitiam ordinariorum valeant pervenire . . item , justiciarii & vicecomites per patriam itinerantes , & inquirentes de criminosis patriae , si laici clericos de crimine homicidii , rapinae , vel latrocinii , vel aliquo alio defamant ( licet non fugitivum , non crimine repertum ) statim clericos incarcerant & detinent . et si non inveniantur in comitatu , & per quatuor comitatus vocati non veniant , forbaniant eosdem sicut laicos , nec prodest eis ordo clericalis . . item , quod si idem clericus irretitus , super objectis sibi criminibus coram judice suo ecclesiastico canonicè se purgaverit , nihilominus laica potestas ad bona sua mobilia et immobilia manum extendit . . item , si clericus criminosus pro objecto & probato contra ipsum facinore degradatus existat , laica potestas bona sua mobilia et immobilia occupat et invadit , & sic contingit clericum pro eodem delicto , bis in id ipsum puniri . . item , cum contingit clericum pro delicto forestae defamari , per inquisitionem viridariorum & forestariorum super captione venationis , vocatur coram justiciariis : et licet ab ordinariis repetatur , nisi prius carceri laicali mancipetur , suo ordinario non liberatur , & post liberationem factam episcopo , per inquisitionem factam per laicos , poena pecuniaria condemnatur . . item , similiter condemnantur absentes & ignorantes , ad simplicem vocem viridariorum & forestariorum , cum ad inquisitionem per laicos factam non debeant condemnari clerici , vel aliqualiter iudicari : & tàm isti quàm illi compelluntur solvere merciamenta , per possessiones laicales si quas habent . sin autem ( non ) distringuntur episcopi per baronias suas , ut dictos clericos compellant de suis beneficiis solvere condemnationem . . item , per eandem districtionem , attachiantur & coguntur clerici in actionibus personalibus , & in hiis quae ex contractibus oriuntur in foro seculari : & etiam delictis respondere querelantibus . . item , cum aliquis ad immunitatem ecclesiae fugitivus existat , per laicos custodes coemiterium vel scalarium ecclesiae circumdatur & vallatur , quod vix potest fugitivus in alimentis ab ecclesia sustentari . aliquando fugitivus eripitur violenter , aliquando postquam secundum regni consuetudinem terram abjuraverit , ut infra . dies exulet se , à publica strata positis insidiis extrahitur , suspenditur , & damnabiliter quandoque interficitur . . item , cum a regia dignitate et libera voluntate concessa sit episcopis , libera testamenti factio , licet hoc a jure habeant et consuetudine , et * sacrilegium sit quod semel est ecclesiae concessum , illud infringere vel turbare , ultimaque voluntate nihil debeat esse liberius : dominus tamen rex non permittit executores testamentorum eorundem episcoporum , de bonis ipsorum administrare , quousque causa cognita ipsius facinoris , gratiam mereantur super hiis obtinere . . item , cum quis tenens laicum feodum de domino rege , decedat , ballivi regis omnia bona defuncti saisiunt , nec permittunt ejus executores de eis disponere , donec inquisitum fuerit a scaccario , utrum aliquid debeat regi . et hoc juri dissonum est , & chartae contrarium , quâ cave●ur , quod licet ballivis sic facere , cum literas domini regis de summonitione talis debiti patentes ostendunt , & sic possunt attachiare catalla aliqua ad honorem ipsius debiti , per visum legalium hominum , donec illud debitum persolvatur in aliis catallis : libera administratione , executoribus omnino dimissa . . item , mortuo laico intestato , dominus rex & caeteri domini feodorum , bona defuncti sibi applicantes , non permittunt de ipsis debita folvi : nec residuum in usum liberorum et proximorum suorum , et alios pios usus , per loci ordinarium quorum interest , aliqua converti . . item , ecclesiastico judici cognoscenti super decimis vel capellis , porrigitur regia prohibitio : iudici videlicet , ne procedat : actori similiter , ne prosequatur . ea tamen ratione , quod si eviscerentur decimae vel capella , diminueretur jus patronatus illius qui est patronus ecclesiae , qui est in possessione capellae petitae , vel decimarum , et fieret regi praejudicium ad quem spectat juris patronatus cognitio , & sic impedit ne cognoscat judex ecclesiasticus de decimis , licet rex & justiciarii sui de hiis cognoscere non possint , per quod justitia perit . . similiter fit idem , si cognoscat iudex ecclesiasticus de aliis ad forum ecclesiasticum spectantibus . verbi gratia , si inter laicos in contractibus interveniat fidei datio , vel infringat jusjurandum quis , juramentum vel fidem , et iudex velit cognoscere de tali peccato mortali ( saltem ad poenitentiam injungendam ) porrigitur regia prohibitio , et * salus animarum impeditur , in damnationem plurimorum , ea occasione , quod ratione catallorum praestitum fuerat jusjurandum . . item , si ecclesia petat ceragium vel herietum , vel alia quae ad ecclesiam vel ad usus ecclesiarum deputata , ut petatur pecunia ad ecclesiam cooperiendam , vel coemiterium claudendum , & parochiani ad hujusmodi praestanda extiterint rebelles , si conveniantur coram loci ordinariis , statim porrigitur regia prohibitio , et sic impeditur cultus ecclesiae , et honor eidem diutius impensus . idem fit , si convicti de adulterio vel alio crimine puniantur * pecunialiter , vel aliis in causis merè spiritualibus fuerint in expensis condemnati : et fic vilipenditur ecclesiastica censura damnabiliter , et quasi a * nemine timetur . . item , si quis commiserit sacrilegium res ecclesiasticas invadendo , vel ecclesias libertatibus suis spoliando , vel perturbando , vel etiam violaverit libertates in chartis libertatum contentas , & propter hoc inciderit in sententiam excommunicationis , vel sit excommunicandus , & judex ecclesiasticus secundum formam juris velit contra tales transgressores procedere , impeditur propter prohibitionem regiam ne procedat : ●â assignatâ ratione , * quod delicta laicorum , et specialiter ballivorum regis , ad ipsum pertinent corrigenda . idem fit in omnibus casibus , in quibus ratione ejusdem delicti , diversae debentur emendae : quarum una in foro ecclesiae , et alia in foro regio debet injungi . . item , in quibus omnibus casibus & similibus , si judex ecclesiasticus contra prohibitionem regiam procedat , attachiatur : comparens coram justiciariis , compellitur judex exhibere acta sua , ut per ea decernant utrum negotium pertineat ad forum ecclesiasticum vel seculare . et si videatur eis quod pertineat ad forum regium , querelatur judex , qui si confiteatur se post prohibitionem processisse , amerciatur : si neget , indicitur ei purgatio per judicem secularem , ad testimonium duorum vilissimorum ribaldorum . et si purgare se noluerit , incarceratur donec justiciariis sacramentum praestiterit corporale , quod non processit contra prohibitionem : et si facere noluerit , in carcere retinetur . similiter actor , si sequatur . . item , si contingat praelatos vel clericos attachiari , quia dicuntur in causis etiam spiritualibus contra regiam prohibitionem processisse , licet judicio laicorum conquerens de mandato convincatur , in nullo tamen providetur judicibus vel partibus attachiatis , pro laboribus & expensis , nec in aliquo punitur protervitas , vel malitia conquerentis : sed vice versa , si judices vel clerici ibidem fuerint convicti , secundum eorum opinionem sine aliquo remedio carceri mancipantur , et ad beneplacitum regis et justiciariorum quoadusque amerciati fuerint detinentur . unde fit , quod tàm ordinarii quàm delegati , ut vitent tales vexationes & expensas hujusmodi , deferunt prohibitionem , & sic perit justitia & sic remanent peccata impunita , cum praelati ecclesiastici jurisdictionem suam exercere non audeant , nec rex velit contra ballivos suos in talibus casibus procedere . nec de jure possit , tum ratione rerum nostrarum spiritualium , ut sunt decimae & capellae , tum ratione personarum , ut sunt clerici & religiosi , tum ratione delictorum , ut sunt sacrilegia , & excommunicationes , & interdicta . . item , cum judsus in ecclesiasticam personam delinquat , vel super rebus ecclesiasticis , aut super sacrilegio , aut etiam violenta manuum injectione in clericum , vel super adulterio cum christiana , conveniatur coram judice ecclesiastico , per regiam prohibitionem causae cognitio impeditur , quia allegavit quod judicem habent proprium , vicecomitem locorum , & justiciarios proprios deputatos : qui super talibus cognoscere non possunt nec debent . et tamen si à clerico & laico super hujusmodi rebus conveniantur coram eis , per solam negationem & alterius judaei , & unius christiani simplicem assertionem , absque omnis juramenti praestito se purgant , probatione actoris penitus recusata . . item , si per ecclesiam denegetur eis communio , pro eo quod tabulam seu signum non deferunt , vel quia nutrices christianas contra praecepta ecclesiae retinent , vel propter aliquos alios excessus extiterint excommunicati : ballivi regis communicantes cum eis , ex parte ipsius domini regis praecipiunt , ne aliquibus evitentur , et faciunt eos ad communionem admitti et recipi . . item , licet aliqua possessio vel libertas data sit à regibus & principibus , vel aliis fidelibus , qui eas libortates poterant donare ecclesiis in liberam & puram & perpetuam eleemosynam , nullo retento servitio vel onere imposito , tantum si super eis quaestio moveatur inter ecclesiasticas personas , vel laicas & ecclesiasticas , compelluntur possessores earumin foro litigare seculari . idem fit , si libertas ecclesiae data per laicos , revocetur in dubium , cum secundum jura , hujusmodi cognitio ad forum ecclesiasticum pertineat . . item , ratione hujusmodi possessionum , rex et alii magnates nituntur compellere episcopos , praelatos , et religiosos , et rectores ecclesiarum , facere sectam ad curiam laicalem . . item , eisdem possessionibus vel earum possessoribus ratione earum , telonium et alia onera graviora imponunt laici , contra ecclesiasticam libertatem . . item , ad sectam & alia onera facienda , & ad comparendum in foro vetito , compelluntur per captionem animalium suorum , & rerum aliarum deo dedicatarum , quae sancta sanctorum dicuntur , contra deum et ecclesiae libertatem . . item , si aliquis laicus consueverit facere sectam in curia domini sui , ratione possessionis quam tenet ab eo , & partem possessionis dederit ecclesiae vel religiosis in liberam & puram & perpetuam eleemosynam , & partem sibi retinuerit in dominico , vel servitio eam alii dando , capitales domini faciunt districtiones suas in possessionibus datis in eleemosynam , pro secta curiae vel aliis servitiis sibi debitis , omissâ possessione quam dator retinuerit , vel alii dederit in feudum sibi servitium debitum faciendo , vel domino capitali . et haec videntur in fraudem fieri , et contra ecclesiae libertatem . . item , si episcopi & alii praelati ad forum extraordinarium evocantur , non possunt attornatos per literas seu procuratores in causis civilibus constituere , sed necesse habent , licet cum gravi dispendio , personaliter comparere . . item , si de possessionibus datis ecclesiis vel monasterus in puram & liberam eleemosvnam , vel etiam in feudum , monasterium vel ecclesia spolietur , committitur sacrilegium , & si super hoc spoliatus judici ecclesiastico conqueratur , vel judex officio suo contra spoliatores & sacrilegos velit procedere , vel super aliis injuriis proximè annotatis , per prohibitionem regiam impeditur , spoliatis vel oppressis justitiam exhibere . . item , si rex concesserit alicui civitati vel burgo , quod possit accipere muragium vel aliquibus novum concedat telonium , non solum à laicis , sed etiam a * viris ecclesiasticis et eorum hominibus , talia extorquent et exigunt contra jura . . item , domicilia & hospitia clericorum per dominum regem & laicam potestatem capiuntur , & licet in sanctuario existant , coguntur clerici inhabitantes , vel ipsis absentibus sui servientes , laicos recipere : & frequenter expulsis clericis de propriis domibus , eas occupant : res suas ibidem inventas , dissipant & consumunt nequiter , contradicentes verberando . . item , capiuntur charectae clericorum & religiosorum , & capiuntur in foro publico : & aliquando in sanctuario nequiter , aliquando in mercatis , & violenter abducuntur ad transvehendum victualia & caeteras res & commercia domini regis , justiciariorum , & ballivorum suorum : similiter res quas clerici habent venales , compelluntur sibi vendere , & ad pretium domini regis inviti tradere , pretio aut rarò aut nunquam soluto . . item , in cancellaria domini regis nova brevia juri ecclesiastico , legi terrae , et consuetudini contraria , passim fiunt : sine concilio regni , principum et praelatorum assensu , quod fieri non debet . . item , cum dominus rex pro aliqua expeditione , vel ex quacunque causa regnum exierit vel intraverit , vel ad diversas partes in ipso regno se transtulerit , compellit religiosos per vicecomites suos , & per captionem averiorum suorum , ut obviam sibi veniant , et munera ei deferant . idem in singulis comitatibus faciens . . item , amerciamenta quae episcopi & religiosi terrae per chartas regias debent habere , justiciarii & ballivi regii convertunt in finem , ut sic eos suis defraudent amerciamentis . . item , cum non consueverint praelati vel viri ecclesiastici amerciari , pro communibus summonitionibus in adventu justiciariorum , modernis temporibus amerciantur passim indifferenter & graviter , si non compareant prima die , tàm coram justiciariis itinerantibu● , quàm coram justiciariis de foresta . . item , accidit interdum quod ecclesia gavisa est aliquarum rerum possessione , seu libertatum ab antiquis temporibus , & licet rex ecclesiis & viris ecclesiasticis in principio magnae chartae suae de libertatibus datis anglicis , dederit & confirmaverit ecclesiis & ecclesiasticis personis , omnes libertates quibus antea usi fuerant , passim tamen compellit praelatos respondere , quare vel quo warranto talibus utantur libertatibus . et si praelatus compulsus comparens chartam donatoris exhibeat , licet contineatur in ea , quod donator tales ac tales dederit libertates , & omnes alias quas in rebus datis habuerat , vel habere potuerat , vel aliis in instrumento donationis , quantumcunque generali clausula contineatur , & dicat quod in illa generali clausula , libertas de qua agitur includitur , nil proderit ei nisi in charta de eadem libertate expressa fiat mentio . et sic secundum opinionem regalium , verbum illud omnino pro nihilo supponit , quod secundum jura & omnem rationem nihil exceptum reliquit , praesertim in donationibus piis locis factis . . item , licet in charta de libertate de qua agitur expressa fiat mentio , dicunt regales , quod charta sine possessione vel usu non valet , & quod ecclesia non sit usa tali libertate , paratus est rex se opponere in recognitione patriae , licet certum sit ecclesiam ea libertate usam fuisse . et sic quod certum est , revocant in dubium , & jus & possessionem ecclesiae , ponere * nititur in ore seu judicio laicorum & ecclesiae persecutorum . si verò non fiat expressa mentio in charta de qua contenditur libertate , sed nota sit possessio vel usus , & dicat praelatus , quod licet non nominatim sed per generalia verba data sit libertas illa ecclesiae , vel quod aliquando habuit ecclesia chartam expressam facientem de hujusmodi libertate mentionem , quod perditum est , vel vetustate consumptum , vel alleget donationem sine scriptis factam * morte regum antiquorum , & per hoc habuerit ecclesia justum titulum , bonam fidem , & possessionem longissimam , & sic firmo jure tueatur : dicunt regales , quod non sufficit , quia talis possessio est usurpatio vel occupatio illicita ; cum sit regi contraria . et quidem mirabile est dictu , quod longissima possessio talis , non possit prodesse ecclesiis contra regem : cum è contrario in hiis quae à rege nullatenus possideri possunt , ratione consuetudinis sive usus , jus sibi vendicet contra ecclesias : sicut in omnibus oppressionibus supradictis , & aliis consimilibus , in quibus loco tituli succedit sacrilegium vel injuria manifesta ; loco bonae fidei , oppressio ; loco consuetudinis , actus unus vel diutina corruptela , si saepius fuerit attemptatum . . item , cum dominus rex juraverit in coronatione sua , conservare jura et libertates ecclesiis datas , et eas confirmaverit in principio magnae chartae : incessanter tamen à ministris suis impugnantur , turbantur , & mutilantur ; non solum generales , sed etiam speciales : datas scilicet à praedecessoribus suis , & ab ipso confirmatas ; et etiam de novo datas , & donationes quas ipse dedit , & alias quas ipse defendere & warrantizare deberet , impugnat & sustinet impugnari , & impugnatores defendit ; sicut patet in facto bothon , & aliis casibus , quos ad praesens tacemus , sperantes , quod ad singulorum querelas , singulares injurias faciet emendari . these were the . articles tendred to the king by the archbishops and bishops , for which ( like that arch-traytor becket ) they resolved to contend even to death , if they could not purchase them with this gift of money : indeed some of them were real grievances , and matter of just complaint , fit to be reformed , but the major part most injurious prelatical , or rather papal encroachments upon the rights and prerogative of the kings crown , dignity , temporal courts of justice , the laws , statutes , customes of the realm , and his writs of prohibition in defence of the rights of his crown , and his judges , officers , lay-subjects rights and liberties , which they then endeavoured to trample under feet , or subject to their new exorbitant jurisdictions , canons , courts , excommunications , interdicts , censures , oathes , inquisitions ; whereupon the king justly refusing to give or sell them these articles for the great sum of money they then granted him , they resolved to right themselves by their own usurped papal authority , without the kings , nobles , and commons consents in parliament , and meeting in their prohibited council at westminister this year or lambethe ( not anno dom. . vel . as * johannes de aton mistakes ) enacted by their own power the ensuing provisions , like so many dominering popes , contra praedicta gravamina laicorum , printed in matthew paris his * additamenta after the premised articles ; in johannis de aton , ( a canon of lincoln , doctor of both laws ) in his constitutiones legitime ecclesiae anglicanae ; and in ▪ lindewode , wherein they presume to interdict and excommunicate , not only the kings judges , officers , persons and lands , but to interdict the king himself , his castles , cities , mannors , lands , as well as his subjects , yea to deprive all priests and make them uncapable of any ecclesiastical preferments , in case they neglected or refused , after admonition , to submit to their papal usurpations , octobon the popes legat , and boniface archbishop of canterbury , under whom this council was held , being ( as johannes de aton informes us , in his prologue to his institutions , ) like another jeremiah , constitutus super gentes et regnum istud , ut evellat , dissipet , aedificet atque plantet ; sarculis , imo novaculis acutis , id est , traditionibus paenarum asperrimus , in orto dominico anglicano jugiter laborare , felici mucroue piacula resecans . the constitutions in matthew paris his additamenta , are not so large and full as those collected and published all together by johannes de aton , and scatteringly in william lindewode his provincial constitutions , ( who peradventure made some additions to them , for advancement of the prelates ecclesiastical jurisdiction , being both canonists ) and they differ somewhat in their prologues and expressions , i shall therefore present you with the prologue and first constitution in matthew paris ; then with the prologue , the first and residue of the constitutions as they are in aton and lindewode , adding only one in matthew paris concerning oaths , which they omit . * articuli observandi per provisionem episcoporum angliae . tria sunt genera articulorum , quibus agitur in praesenti . sunt enim quidam articuli , in quibus praelati nullo modo dissimulare possunt . sunt alii , in quibus possunt judicio charitatis , non perturbatione infirmitatis dissimulare . sunt & alii , in quibus dissimulare possunt , sine discrimine salutis aeternae & periculo animarum . articuli qui dissimulari non possunt , absque interitu salutis aeternae animarumque periculo , et subversione ecclesiasticae libertatis , ac ecclesiasticarum personarum praejudicio manifecto , proximo sunt subscripti . cum ecclesia anglicana , non solum contra jura divina & statuta canonica , sed etiam contra libertates à regibus , principibus , & aliis regni magnatibus sibi concessas , ausibus sacrilegis , novis usurpationibus , diris concussionibus , & oppressionibus nefariis multipliciter sit attrita , & hoc absque perpetuo animarum periculo , praelatorum , domini regis , & aliorum regni magnatum , sub dissimulationis silentio nequàquam valeat ulterius pertransiri ; de unanimi assensu religiosorum , et totius cleri ecclesiae memoratae salubriter est provisum : ut machinis secularium potestatum salutis , maenia laborantis ecclesiae dilapsa , inflexibili reparentur instantia , per statutorum remedia quae sequuntur . quia igitur saepe contingit archiepiscopos , episcopos & alios praelatos inferiores , per literas domini regis ad seculare judicium evocari , ut ibi respondeant super hiis quae merè ad ipsorum officia , & forum ecclesiasticum pertinere noscuntur ; ut si fortè clericos , ad ecclesias & capellas vacantes seu non vacantes admiserint , rectores instituerint in eisdem , suos subditos excommunicaverint , excommunicatos denuncivaverint , interdixerint , ecclesias dedicaverint , ordines celebraverint , de causis merè spiritualibus cognoverint , ut puta de decimis , oblationibus , limitibus parochiarum & similibus , quae non possunt ad seculare forum aliquatenus pertinere : sive etiam cognoverint de peccatis & excessibus subditorum , sicut de perjurio , fidei transgressione , sacrilegio , violatione ac perturbatione ecclesiasticae l●bertatis , praesertim cum ipsius violatores , necnon & libertatum per chartas domini regis ecclesiae concessarum , in sententiam excommunicationis incidant ipso facto . et si inter clericos suos cognoscant , vel inter laicos conquerentes , & clericos defendentes , in personalibus actionibus , super contractibus vel delictis , si personas ecclesiasticas ad mandatum dom●●i regis , in foro seculari non exh●buerint , clericos in foro seculari amerciatos non compulerint , ad amerciamenta hujusmodi exsolvenda , seu ipsa non solverint , pro eisdem si jurisdictionem suam in ecclesiis & capellis , episcopatibus seu monasteri●s annexis per mortem praelatorum aut cessionem vacantibus , exercuerint canonicam & consuetam ; & si qua alia hiis similia fecerint pertinentia ad officia ordinariorum : providemus , quod dicti archiepiscopi et caeteri praelati non veniant , taliter evocati , ut cum honore deferatur . majores praelati domino regi scribant , quod hujusmodi mandatis regiis parere non possunt absque subversione ecclesiasticae libertatis , et ad haec ideo non tenentur , eidem nihilominus literas exhortatorias dirigendo , ut animae suae saluti consulendo ab hujusmodi mandatis ulterius desistat . et si dominus rex hujusmodi exhortationibus spretis , ad attachiationes vel districtiones processerit eorundem , tunc vicecomites et alii quicunque ballivi ipsos attachiantes et distringentes , per eosdem attachiatos et districtos in forma iuris excommunicentur , et loca in quibus commorantur , et terrae eorum quas habent in regno angliae per locorum diocesanos , ad denunciationem attachiati , et districti , interdicto ecclesiastico supponantur . et si clerici fuerint beneficiati , suis beneficiis priventur , non beneficiati , per quinquennium ad beneficium ecclesiasticum in regno angliae ( si forte praesentati fuerint ) minime admittantur ; cleriei autem qui hujusmodi brevia attachionum seu districtionum dictaverint , scripserint , signaverint , consilium aut auxilium adhibuerint , solemniter excommunicentur , et excommunicati denuncientur , nec aliqui de praemissis certa ratione suspecti , ad aliquod beneficium ecclesiasticum donec se super hiis canonice purgaverint , admittantur . et si dominus rex monitus , hujusmodi districtiones non revocaverit , episcopus qui districtus fuerit , terras , villas dominicas , et castra quae rex habet in suo episcopatu ecclesiastico , supponat interdicto . et si * rex in sua duritia perseveret , caeteri coepiscopi , districtionem unius quasi communem omnium , et etiam communem injuriam ecclesiae reputantes , civitates , terras dominicas , burgos , castra et villas ipsius regis in suis episcopatibus consistentes , simili supponant interdicto . et si nec sic infra viginti dies postmodum attachiationes et districtiones hujusmodi revocaverit , aut ob hoc manum contra ecclesiam aggraverit : singuli archiepiscopi et episcopi suas dioceses ecclesiastico supponant interdicto . et si aliquis episcoporum in hac parte inventus fuerit negligens et remissus , per suum metropolitanum gravitur arguatur . et si perseveraverit in negligentia , canonice puniater per eundem . et nihilominus , diocesis omnis praelatorum et sua authoritate et consensu in praesenti ordinatione adhibitis ecclesiastico subjaceat interdicto . a right prelatical , not apostolical constitution . i shall now present you with the intire body of the prelatical * constitutions , as they are collected and printed in johannes de aton , quoting lindewode , who cites and glosseth upon most of them , under several titles , in the margin of every of them , where you may peruse them , with his canonical glosse . constitutiones domini bonifacii archiepiscopi cantuariensis in concilio westmon . vel lambethe , anno domino * . vel . universis sanctae matris ecclesiae filiis per cantuarien . provinciam constitutis , bonifacius , miseratione divina cantuariensis archiepiscopus , totius angliae primas , ejusque suffraganei , ad certitudines praesentium & memoriam futurorum . aeternae sanctio voluntatis quae rerum ordinem omnium , cunctarumque semina naturarum in pondere , numero & mensura decrevit , ad exemplar coelestium procedere censuit reg●men terrae , nostrum humanum genus quod caeteris praestare voluit , dignitatis excellentia creaturis constringens à sensualitatis prurigine naturalibus regulis , & ab arbitrii lubricitate ( alias praecipitio ) legalibus cohibens institutis , ut potentiores laxatam sibi passim non crederent in humiles imperandi licentiam , et humiliores quos etsi natura pares , causarum faciat series indeflexa praelatis dissimiles , majorum non contemnerent disciplinam . et sicut terrenae domicilium mansionis pro coelestium luminum qualitate lucis vices ac noctis ( alias votis ) continuis successibus mutuatur ( alias imitatur ) & coelestium subigitur moderamini potestatum ; sic ordo rectorum ipsius ; ecclesiasticus alius spiritualis , terrenus , sacerdotalis et regius videlicet , et mundanus , concessae sibi dominationis habenas dirigeret , quod unius impetus processum alterius non turbaret , nec impediret , sed accederet unius alter suffragator in mutuae charitatis subsidium , quo simul invicem ad humanae noctis caliginem expellendam , suscepti participent luminis ornamentum . sanè olim attendentes patres & praedecessores nostri cantuariae archiepiscopi totius angliae primatis , & suffraganei eorundem , & potissimum temporibus patrum retrò decursis , amicus dei edmundus praedecessor noster , cujus memoria in benedictionem , & inter electos sors illius est computata , nosque sibi licet immeriti in locum regiminis sibi immediatè successimus , cum fratribus & coepiscopis nostris suffraganeis cantuariae ecclesiae , nostris temporibus ponderantes sollicitè , quod gravamina et oppressiones quibus anglicana libertas ecclesiastica deprimitur et calcatur , illustri domino regi nostro nequaquam accedant ad commodum , sed potius ad non modicum salutis suae et nostrarum simul periculum animarum , et honoris tam personae suae , quam totius regni detrimentum , ipsum frequenter monuimus , et supplicavimus ei , ac supplicari fecimus cum instantia saepius reverenter , nec non apud principes et magnates regni et consiliarios , quorum moderamine disponuntur negotia regni , precibus et exhortationibus pulsavimus importuna oportunitate , et frequenter quatenus intra memoriam recolentes , quot plagis egyptii fuere percussi , pro eo quod populum dei filios videlicet israel * typum gerentes ministrorum altaris ) in luto cogebant servire et latere ; subjicientes eos indebitae servituti , contra praeceptum domini et iuris privilegium naturalis : quo quis tenetur , alteri non facere , quod nollet ab alio sustinere ; pensantesque prudenter , quod christus tantùm dilexit ecclesiam , cujus bodiè peccatis exigentibus patres angariantur , à filiis , & oves desaeviunt in pastores , quod vetuste chirographum servitutis in prothoplasti privatione conscriptum proprio cruore delevit ; et sanguinem martyrum in armis fidei expugnantium mundi principes et seculi potestates rubricavit : privilegium libertatis e coelo prius concessum ecclesiae , et in terris postmodum a principibus hujus mundi fidelibus innovatum . huic inquam privilegio , tam pio tamque nobili precio comparato deferrent , humiliter , ob reverentiam redemptoris , permittendo clerum anglicanum in solicitudine libertatis laudis sacrificium domino immolare , ne persecutores submergi contingat in fluctibus irae coelestis , si contemptis impiis ipsum cogant ad paleas servitutis . licet autem in precibus inculcandis diu laboraverimus , sustinendo , et sustinuerimus laborando : adhuc tum instantia nostra saepius iterata , ad exauditionis gratiam ingressum mereri non potuit ; nec effectum sortiri diutius expectatum . quia vero periculose negligitur quod contra coeli principem usurpatur , contra gravamina praelibata , quae absque dei offensa ulterius continere non possumus , nec debemus , ad arma iusticiae , ( quod est verbuus dei ) cum fiducia recurrentes , penetrabilius omni gladio ancipiti , infra scripta remedia sacro approbaute concilio providimus adversus conatus perversorum siatuendo provide sub hac forma . in nominae sanctae trinitatis & individuae patris , & filii , & spiritus sancti , amen . * clerici non veniant ad summonitionem laicorum . cum ecclesia angliana , portiuncula divinae messis , non solum contra divina jura & canonica statuta , sed etiam contra libertates à regibus & principibus , & aliis regni magnatibus concessas , eisdem ausibus sacrilegis , novis usurpationibus , diris concussionibus , et oppressionibus nefariis multipliciter sit attrita , et haec nec absque superni regis offensa , et perpetuo regis nostri temporalis animarum et aliorum regni magnatum et nostrorum subditorum periculo , sub dissimulationis conniventia pertransire ulterius non possumus , authoritate praesentis concilii inhibendo statuimus , ut si contingat ab hac die in aliam , ( quod deus avertat à sensibus fidelium sanctae matris ecclesiae filiorum ) quempiam archiepiscopum , episcopum , vel alium praelatum inferiorem per literas domini regis , vel alicujus alterius potestatis , ad seculare judicium evocari , ut ibi respondeant , super his quae merè ad officium ipsius , & forum ecclesiastium pertinere noscuntur , prout temporibus retroactis usurpatione quadam contra deum & justitiam , ac libertatem ecclesiasticam pluries est praesumptum . statuimus , inquam , et statueudo inhibemus , quod archiepiscopus , episcopus , et caeteri praelati , majores et minores , ad seculare judicium non veniant , sicut nec venire tenentur , pro hujusmodi spiritualibus evocati ; ut si fortè praelati vocentur responsuri in seculari judicio , pro eo quod clericos ad ecclesias vacantes admiserint , vel non admiserint , rectores instituerunt in eisdem , suos subditos excommunicaverint , excommuicantes suspenderint , vel interdixerint , vel denunciaverint interdictos , vel suspensos , sive pro eo quod dedicaverint ecclesias , vel ordines celebraverint , aut tantum de causis merè spiritualibus cognoverint , ut puta de decimis , oblationibus , limitibus parochiarum , & similibus , quae non possunt ad secularem forum aliquatenus pertinere ; sivè etiam cognoverint , de peccatis & excessibus subditorum , sicut de perjurio , fidei laesione , sacrilegio , violatione ac perturbatione ecclesiasticae libertatis , praesertim cum ipsius violatores , nec non et libertatum perturbatores per chartas domini regis ecclesiae concessarum in sententia excommunicationis incidant ipso sacto . et si vocetur praelatus ad judicium secularem , pro eo quod cognovit , vel cognoscit , inter clericos suos , vel inter laicos conquerentes & clericos defendentes , in personalibus actionibus super contractibus , vel delictis , vel quasi , aut pro eo quod personas ecclesiasticas , aut mandatum domini regis in foro seculari non exhibuerint se clericos in foro seculari , pro negotiis ad forum ecclesiasticum pertinentibus ; amerciatos nec compulerint ad amercimenta hujusmodi persolvenda , aut ipsa non solverint pro eodem in ejusdem si jurisdictionem suam in ecclesia , vel capellis episcopalibus , vel monasteriis annexis per mortem praelatorum , vel cessionem vacantibus canonicam & consuetam , & siqua hiis similia fecerint pertinentia ad officia eorundem & ad forum seu jurisdictionem ecclesiasticam evidenter : pro talibus inquam , & hiis similibus ; praelati ad judicium seculare vocati , ut ibidem pro hiis judicium subeant nullatenus venire praesumant ; cum judicandi christos domini * nulla sit laicis attributa potestas , apud quos manet necessitas obsequendi . ad tantas abusiones to lendas & libertates ecclesiae conservendas statuimus authoritate praesentis concilii , ac etiam ordinamus quod paedicti archiepiscopi , & caeteri praelati non veniant praedicto modo evocati , vt tum honori regio deferatur , majores praelati dominum regem adeant , vel sibi scribant , quod hujusmodi mandatis regiis parere non possunt , absque periculo sui ordinis , et subversione ecclesiasticae libertatis . et fi forte dominus rex in suis inhibitionibus , seu summationibus non de decimis , sed de jure patronatus ; non de fide mentita , vel perjurio , sed de catallis : non de sacrilegio vel perturbatione ecclesiasticae libertatis , sed de transgressione subditorum , vel ballivorum suorum , quorum correctiones tantum ad se asserit pertinere , fecerit mentionem , tunc intiment ei praelati praedicti , quod non de jure patronatus cujus cognitionem rex de facto exercet , neque de catallis , vel aliis ad forum ipsius pertinentibus cognoscunt , vel cognoscere intendunt ; sed de decimis praedicts & aliis merae spiritualibus ad officium , vel jurisdictionem ipsorum pertinentibus , & animarum salutem : admonendo vel rogando eundem , quod ipsos non impediant in praemissis . et nichibominus episcopus cujus res agitur dominum regem moneat iterato , quod animae suae saiuti consulat , et ab hujusmodi mandatis omnino desistat . et si non destiterit , tunc ad denunciationem episcopi , archiepiscopus convocatis duobus episcopis , vel tribus , vel pluribus quos duxerit evocandos , si in provincia extiterit ; alioquin london . episcopus , tanquam decanus episcoporum duobus episcopis , vel tribus sibi adjunctis , dominum regem adeant , et ipsum moneant , diligentius requirendo , * quod mandatis supersedeat ejus . et si dominus rex expressis exhortationibus hujusmodi et monitionibus ad attachiones , vel districtiones per se , vel per alios processerit , tunc vicecomites et alii quicunque ballivi , ( quod non procedant contra ipsos attachiatos per locorum diocesanos in forma juris per excommunicationis et interdicti sententias arceantur . idem fiat si vicecomites , vel ballivi ad attachiationes , vel districtiones processerint pendentibus supradictis monitionibus domino regi ( ut supradictum est ) faciendis . et si vicecomites , vel ballivi in sua duritia perseveraverint ; loca in quibus commorantur in terra eorum quas habent in provincia cantuariensi per locorum diocesanos ad denunciationem diocesani , in cujus episcopatu tales fuerint districtiones , * interdicto authoritate praesentis concilii supponantur . et si taliter attachiantes clerici beneficiati fuerint , ab officio suspendantur . et si in eorum malicia perseveraverint , ad desistendum , et ad satisfaciendum per substractionem proventuum beneficiorum suorum , quae obtinent arceantur . non beneficiati per quinquennium , si ad beneficium ecclesiasticum in provincia cantuariensi extiterint praesentati non admittantur . clerici vero qui hujusmodi brevia attachiationum , vel districtionum dictaverint , scripserint , signaverint , consilium vel auxilium adhibuerint , canonice puniantur , nec aliqui praemissorum de hiis ratione suspecta , ad aliquod beneficium ecclesiasticum obtinendum donec super his canonice se purgaverint , admittantur . et si dominus rex competenter super hoc monitus , vel alia secularis potestas hujusmodi districtiones seu attachiationes non revocaverint , episcopus qui districtus fuerit , terras , villas vicos , et castra quae * dominus rex , vel alia secularis persona taliter distringens in suo episcopatu obtinet , ecclesiastico supponat interdicto . et si dominus * rex vel alia secularis potestas contemptis poenis hujusmodi in sua duritia persevaraverint , tunc archiepiscopus ad denunciationem episcopi conquerentis , convocatis duobus episcopis , vel pluribus quos duxerit evocandos , si sit in provincia ; alioquin episcopus london . tanquam decanus episcoporum , duobus episcopis , vel tribus , vel pluribus sibi adjunctis , dominum regem adeant , et ipsum moneant diligenter requirentes , quod a mandatis supersedeat supradictis . et si dominus rex hujusmodi exhortationibus et monitionibus obauditis ad attachiationes vel districtones per se , vel alios processerit ; tunc caeteri coepiscopi districtionem hujusmodi quasi communem injuriam ecclesiae reputantes , cunctas terras dominicas , burgos , castra et villas ipsius regis alteriusve potestatis in suis episcopatibus existentes authoritate praesentis concilii ecclesiastico supponant interdicto . et si non infra . dies postmodum attachiationes seu districtiones hujusmodi rex , vel potestas attachians , vel distringens revocaverit ; effectus cum pharaone durior inter flagelia paenarum ; ex tunc archiepiscopus suas dioceses ecclesiastico * supponant interdicto . idem fiat de castris , terris et burgis magnatum regalia habentium in provincia memorata . et si aliquis episcoporum contra executionem praemissarum paenarum in suis casibus inventus fuerit negligens vel remissus , per suum metropolitanum graviter arguatur . et si perseveraverit in sua negligentia canonice puniatur per eundem , et nichilominus sua dioc. omnium praelatorum , et sua authoritate , voluntate et consensu in praesenti concilio interpositis et expressis , ecclesiastico subjaceat interdicto . item statuimus , vel si forte ab hac die in antea ab aliquo episcopo , vel iudice , vel ecclesiastico , vel inferiori praelato compulso per districtiones , vel spontanee comparente coram domino rege , vel iusticiariis suis , vel aleget privilegium suum et forum nisi in casu a jure praemisso , vel ut eos moneant , ut a praedictis desistant injuriis , acta processus sui exigi contingat , ut per ea appareant , utrum contra prohibitionem regiam in aliquo praedictorum casuum et similium processerit , vel petatur super hiis ab eo juramentum excusationis vel purgationis , nullo modo exhibeat acta vel juret , cum instrumenta sive acta possint a partibus , vel aliqua partium si necesse fuerit exhiberi . et si clericus super hoc arrestetur , dioce sanus taliter arrestati , vel impediti clerici , vel archiepiscopus , vel episcopus london . tanquam decanus episcoporum , cum aliquibus sibi associatis episcopis si episcopus fuerit iste qui arrestatus extitit , requirant eum ut puniant detentores . et si necesse fuerit ad paenas alias procedant superius annotatas . * item , si in aliquo evincente placito ita jus patronatus contra aliquem in foro regio scribat rex episcopo , vel alteri ad quem institutio pertinet : quod praesentatum ab illo qui evi●it admittat si vacaverit beneficium , ne patrono fiat injuria ( si alias nil canonicum aliud obsistat ) admittat libere praesentatum . si vero non vacat beneficium illud , hoc domino regi , vel iusticiario , studeat intimare praelatus , excusando se , quod quia beneficium tale non vacat , et quod non potest mandatum regium adimplere , liceat autem patronis si velint possidentem iterum praesentare , vel illius evincentis ▪ jus patronatus in posterum declarare . de iis qui ecclesias per laicalem potestatem accipiunt . item , quia frequenter accidit , quod nonnulli clerici per laicalem potestatem ecclesias occupant parochiales , & praebendales , etiam curam animarum habentes , & in eisdē absque authoritate ecclesiastica intruduntur . statuimus , quod clericus per se vel per laicalē potestatem intrusus in ecclesia vel praebenda , servata juris forme excommunicetur , et excommunicatus per loci diocesinum publice denuncietur et illo beneficio imperpetuum careat ipso facto . ac post latam sententiam si in intrusione hujusmodi pertinaci animo per duos menses steterit , per locorū diocesanos ubi habet ecclesiastica beneficia , ad denunciationē illius episcopi in cujus diocesi se intrusit , cujus monitionē & ex●ō nunicationē ad praedictum tempus contemserit proventus illorum beneficiorū quousque congruè satisfecerit , subtrahantur . et si per idem tempus , scilicet annum , intrusus in excommunicationis sententia perseveraverit , extunc ad aliud beneficium vel ecclesiam in * provinciae cantuarien minime admittatur ; . si vero per clericum procuratorem clericus fuerit intrusus , contra eundem procuratorem clericum simili modo procedatur , ut poenis subjaceat supradictis . si vero procurator laicus talis fuerit ; in forma juris excommunicetur , et excommunicatus publice denuncietur , dominus autem absens citetur , qui si comparens ratificaverit factum procuratoris sui in hac parte , poenis subjaceat supradictis ; si vero per contumaciam se absentaverit , post spacium trium mensium expectatus si sit in regno , majoris excommunicationis sententia innodetur , paenas nihilominus praetaxatas incurrat , maxime cum sacrilegio inobedientiam adjecerit et contemptum . si vero fuerit extra regnum , contra ipsum vocatum post dilationes transmarinas , modo praedicto procedatur , et praebenda vel ecclesia in qua fuerit talis intrusio facta ecclesiastico supponatur interdicto . fautores vero et cooperatores hujus intrusionis , si clerici fuerint , praefatas paenas contra clericos editas perferant . et si laici fuerint , plectantur paenis contra laicos superius annotatis . loca vero et terrae hujusmodi intrudentium , et intrusorum si intra unum mensem non satisfecerint , supponantur ecclesiastico interdicto . si vero hujusmodi intrusiones factae fuerint ex regia potestate , per loci diocesanum moneatur dominus rex quod ea faciat intra tempus competens revocari . alioquin terrae , et loca quae dominus rex habet in illa diocesi in qua facta fuerit intrusio , supponantur ecclesiastico interdicto secundam formam superius annotatam . si vero per alium magnatem vel potestatem fiat talis intrusio , per interdicta et excommunicationis sententias ut superius arceantur . et si per duos menses hujusmodi sententias sustinuerit propter hoc in se latas , extunc terrae et loca quae obtinet in illa diocesi per loci diocesanum supponantur ecclesiastico interdicto , nec relaxentur praefatae sententiae donec de injuria , inobedientia et contemptu satisfecerit competenter . de excommunicatis liberatis à carcere sine consensu episcopi . praetereà contingit interdictum quod excommunicati de mandato praelatorum secundum regni consuetudinem capti , et carceri mancipati aliquando per regem , vel vicecomitem aliosque ballivos sine consensu praelatorum qui eos capiendos praesentaverunt , ad quorum mandatum sic captorum debet liberatio fieri , sine satisfactione congrua liberantur ; plerique etiam excommunicati non capiuntur , neque de ipsis capiendis literae regiae conceduntur . nonnunquam dicti etiam * rex et ballivi cum hujusmodt et excommunicatis et denunciatis publice communicant , claves ecclesiae contemnendo , in subversionem ecclesiasticae libertatis , et suarum periculum animarum . huic ergo morbo congruam volentes adhibere medicinam ; statuimus , quod excommunicati sic capti et taliter exeuntes a carcere ad majorem confusionem liberatorum et liberantium publice et solenniter pulsatis campanis , accensis candelis excommunicentur et denuncientur excommunicati , in locis in quibus ordinariis eorum videbitur expedire . vicomites autem et alii ballivi qui eos liberaverint , non praestita satisfactione ecclesiae vel emenda , excommunicentur ; servato juris ordine et excommunicati solenniter nuncientur . si tamen de mandato regio ad hoc processerint , mitius cum eis arbitrio ordinariorum agatur . si autem contingat quod litera consueta de excommunicato capiendo denegetur cum ipsam requiri contingat , in casu quo dari debet secundum regni consuetudinem approbatam : moneatur idem rex per praelatum praesentantem capiendum , qui super hoc scribit ad eam concedere faciant pertransire . quod si non fecerint * civitates , et castra , et burgi , et villae quos habet in diocesi ejus qui sic scribit , per episcopum ipsum scribentem supponantur ecclesiastico interdicto donec a denegante literae tales concedantur , et executionem legitimam sortiantur . contra , communicantes vero et participantes cum excommunicatis procedatur , secundum censuram ecclesiasticae disciplinae . . de cl●ricis captis a laicis propter crimina . contingit aliquando , quod clerici sine licentia praelatorum quamquam in facto non fuerint * reprehensi nec convicti tanquam facinorosi , vel suspecti de crimine , seu delicto , vel injuria personali capiuntur per potentiam laicalem , et in carcere detruduntur , ordinariis suis eos requirentibus secundum canones libere judicandi . et si clerici quibus etiam crimina imponuntur coram iudicibus secularibus evocati non comparuerint * foris banniuntur a regno . quia vero in hoc libertas ecclesiastica confunditur cum clericus a laico judicatur ; statuimus , quod clerici capti si noti fuerint & honesti , capientes ipsos & etiam detinentes , & contra requisitionem ordinariorum eos reddere recusantes , per locorum ordinarios publice excommunicati denuncientur : loca etiam in quibus detenti fuerint , et terrae capientium eos et detinentium supponantur ecclesiastico interdicto , donec ordinariis eorundem reddantur ; et super hujusmodo excessu satisfecerit competenter . illi autem qui taliter falsa crimina eis imposuerunt , seu maliciosè confixerunt , ( alias composuerunt ) commenta vel fraudes propter quae capti fuerunt & injustè detenti , excommunicati similiter denuncientur ; ( unde excommunicati sunt authoritate * praesentis concilii oxon. ipso facto . ) clerici vero vagi vel ignoti capti & ex causis aliquibus detenti , si in possessione clericatus inventi fuerint , per locorum ordinarios requirantur á domino rege , vel alio qui potestatem habet reddendi eosdem , vel eos restituat liberè per ecclesiam judicandos . et si denegetur , puniantur ut detentatores superius annotati , & si reddantur , liberè indicentur non expectatis judiciariis quibuscunque . et si justiciarii clericis eisdem coram eis non exhibitis episcopum condemneut in pensione pecuniaria , paenae superioris , sive clerici fuerint , sive laici proferantur . clerici autem domini regis , vel quicunque alii qui excusationem hujusmodi poene prosequntur dictando , scribendo , sigillando vicecomitibus vel aliis ballivis hujusmodi mandata dirigendo paenis subjaceant in clericos promulgatis superius annotatis . quod si iidem clerici ecclesiae redditi propter transgressionem aliquando personalem vel forestae enunciati fuerint , a judice seculari non compellant , cum non a suis judicibus fuerint condemnati . et si propter hoc eos praelatos distringi aut attachiari contigerit , se defenderit contra hujusmodi attachiationes vel districtiones per remedia antedicta . idem fiat quotiescunque annunciati fuerint viri ecclesiastici pro hiis quae ad forum ecclesiasticum pertinent per judicem secularem , si * verò clerici canonice se purgaverint super sibi impositis & objectis , & nihilominus bona laica potestate detineantur , eorundem occupantes , & detinentes bona hujusmodi laicorum per saepedictam ecclesiasticam censuram compescantur . * quod si sic capti clerici tonsuram & clericatum habentes maliciosè tempore intermedio abrasi fuerint , vel suspensi , abradentes vel suspendentes , consilium , vel favorem , seu auxilium impendentes paenis subjaceant supradictis , forisbannientes quoque hujusmodi clericos paenis similibus percellantur . * item statuimus , quod si aliquis clericus pro transgressione forestae seu partis alicujus diffamatus fuerit ; vel convictus fuerit legitime coram suo ordinario , vel confessus ; idem per suum ordinarium si bona habeat , illi cui noxa aut injuria illata est hujusmodi redemptio assignetur ; si autem bona non habeat , suus episcopus ipsum prout culpa poposcerit graviter puniat in persona , ne propter impunitatis fiduciam pateat praesumptoribus licentia delinquendi . . de * impetrantibus prohibitiones domini regis . itaque , cum nonnulli laici ad invicem plerunque cum clericis contrahentes ipsos contractus fidei datione vallantes , aut corporali praestito juramento firmantes , qui super fidei aut sacramenti praestiti religione contempta coram judice ecclesiastico conventi , regiam prohibitionem impetrant ; ut super perjurio et fidei laesione examen ecclesiastici iudicis sic declinent . providemus , quod si laicus fuerit impetrator , per excommunicationis sententiam ( prout superius dicitur ) arceatur . si vero non destiterint et possessores immobilium existant , terra eorum supponatur ecclesiastico interdicto . si autem immobilia non habeant , mercenarii sui non vacatae personae moneatur , quod intra octo dies ab eo recedant . alioquin consimilis poena sententiae excommunicationis majoris feratur in eosdem . si autem clericus reus fuerit vel religiosus , exerceantur poenae canonicae contra ipsos : si vero clericus in sua pertinacia perseveraverit , procedatur contra eum secundum poenas superius contra pertinaces clericos annotatas . si autem actor laicus sit & non habeat laicum feodum , episcopus non exhibeat eum , et si distringitur episcopus ; procedatur contra * dominum regem et distringentem ut superius est expressum . et hoc idem in prohibitionibus consimilibus observetur . idem fiat et si tertius veniens ex transverso porrigat vel porrigi faciat prohibitionem talem , dum tamen ille eam verbo vel facto ratificaverit pro quo apparuit impetrata . . quod judaei compellantur respondere coram ecclesiastico jure . et quia modo consimili ecclesiastica censura confunditur & praelatorum officium impeditur cum judaeus delinquens in rebus ecclesiasticis & personis super hiis coram ipsis convictus fuerit , vel super aliis quae ad forum ecclesiasticum mero jure coram ecclesiastico judice convenitur , per dominum regem seu vicecomites aut ballivos super praedictis non permittitur coram ecclesiastico judice stare juri , sed declinare compellitur forum ejus , statuimus quod hujusmodi iudae per * introductum commercii contractum et communionis fidelium ad respondendum in hiis casibus coram judice ecclesiastico compellantur . et quod inhibentes et impedientes eosdem et hac de causa , judices et alios distringentes per excommunicationis et interdicti sententias arceantur . . de fugientibus ad immunitatem ecclesiasticam . porrò , cum ad immunitatem ecclesiarum fugientibus aliquando vix in alimentis valeat subvenire propter arctam custodiam quae frequenter apponitur contra ipsos , ut aliquando confugientes hujusmodi ab ecclesiis & cimiteriis , viis publicis post terrae abjurationem violenter saepius abstrahantur , ac sic abstracti sceleratè in praejudicium immunitatis ecclesiae occidantur . statuimus , quod qui talibus alimenta impedierint ministrari , secundum arbitrium ordinariorum per censuram ecclesiasticam arceantur . si quidem confugas ab ecclesia vel cimiterio vel post abjurationem terrae a via publica extrahentes , vel taliter extractos occidentes ( cum sub ecclesiastica protectione constant ) poenis sacrilegii percellentur , alia aliam minime consumente . in ecclesia autem vel cimiterio non ●ia● custodia confugientium ad ecclesiam per laicam potestatem . et si fiant custodiae , tam custodientes quàm qui eam custodiam opposuerunt in forma juris , per excommunicationis sententiam districtius compescantur . illos autem tantummodo tueatur ecclesia quos canones praecipiunt esse tuendos . . de infringentibus ecclesiae libertates . ut invadentibus bona ecclesistica & libertates ecclesiae infringentibus & perturbantibus obvietur , providè duximus statuendum , quod hujusmodi malefactores , invasores videlicet & perturbatores ecclesiasticorum bonorum & libertatum violatores sacrilegi , excommunicati per locorum ordinarios denuncientur . et si in sua pertinacia per unum mensem perseverent , tunc et loca in quibus commorantur supponantur ecclesiastico interdicto , et neutra relaxetur sententia donec de damnis et injuria satisfecerint competenter . et si aliquis ecclesiam possessionibus & libertatibus suis spoliaverit ▪ poenis subjaceat supradictis , & in ipsum usque ad plenam satisfactionem & restitutionem condignam , in forma juris excommunicationis sententia solenniter proferatur . et si iidem sacrilegi faciant judices aut praelatos propter hoc attachiari vel destringi , tam ipsi quam distringentes poenis in attachiatores et districtores editis condigne percellantur . . de laicis clericos aggravantibus . ad hoc etiam cum contingit quod domicilia , & hospitia clericorum per magnates terrae quamquàm in sanctuario existant , invitis ipsis clericis & nonnunquam expulsis suis servientibus bona ipsorum ibidem inventa occupantur , & per sacrilegos hujusmodi consumantur , reclamantes & renitentes convitiis affliguntur , verberibus afficiuntur , & multipliciter pertractantur , quamquam etiam cautè , & equitatus dominicae praelatorum , religiosorum quam clericorum in itinere publico ac veritatis & aliunde in sanctuariis & consimilibus capiuntur & abducuntur violenter , ad dictorum magnatum res , commercia & victualiatransferenda . providemus , quod omnes hujusmodi sacrilegi in forma juris excommunicentur , et solenniter excommunicati nuncientur , donec ablata et abducta restituerint , et de illatis injuriis satisfecerint competenter . compelluntur etiam clerici & religiosi suas res quas habent venales licitè vel illicitè ad precium domini regis sibi & suis ministris vendere , & nonnunquam tradere precio non soluto , undè providemus , quod taliter compellentes cogantur per sententiam excommunicationis justum precium supplere vel destituere sic exorta , nihilominus de * sacrilegio commisso prout decet satisfacere competenter . i finde this constitution omitted in aton and lindewode , extant in matthew paris his additamenta , against the king and his judges granting prohibitions to hinder them to give oaths to laymen against their wills in their vi●●tations and courts , and to inflict pecuniarie penalties upon jews or others , which i shall here insert . cum insuper praelati ecclesiastici , ex officii sui debito inquirant de morum disciplina , peccatis et excessibus subditorum , quia r●x , magnates , et aliae potestates seculares , ipsorum officia impediunt in praemissis ; laicis sibi subditis inhibendo ne ad mandatum ipsorum praelatorum , de veritate dicenda subeant juramentum . et quia iidem non permittunt dictos praelatos , subditos suos in causis seu negotiis ecclesiasticis corporaliter seu pecunialiter , seu alias canonice punire ; secundum personarum et delictorum qualitatem : providemus , quod laici ad praestandum hujusmodi juramenta , et ad solvendum quaslibet poenas per praelatos suos canonice inflictas , nihilominus praecise per excommunicationis sententiam compellantur . impedientes vero ne hujusmodi juramenta praestentur , aut poenae exsolvantur , per interdicti et excommunicationis sententias praedictas arctius compescantur . et si per hoc ad districtionem processum fuerit praelatorum , contra distringentes , sicut dictum est superius , procedatur . et quia modo co● simili praelatorum officium impeditur , cum contingat quòd judaeus delinquens in rebus ecclesiasticis & personis , super hiis conventus fuerit coram ipsis ; & super ali●s quae ad forum ecclesiasticum pertinent mero jure : providemus , quòd judaeus per interdictum commercii , contractuum & communionis fidelium , ad respondendum in hiis casibus nihilominus compellarur : inhibentes quoque impeditores , & distringentes , poenas interdicti & excommunicationis incurrant . perchance the king & his councils , judges forementioned prohibitions against such oaths , caused lindewode and aton , to omit this constitution , and most likely this archbishop and council to waive it , though in their original draught . . de rege ecclesiam aggravante vacantem . contingit insuper aliquando , quod domino rege ecclesiarum cathedralium vel conventualium custodiam obtinente , cum secundum chartarum libertatem ab eodem domino rege & suis praedecessoribus ecclesiae concessarum , tantundem rationibiles consuetudines , nec non & rationabilia servitia , & hoc ●ine districtione hominum & visitatione rerum , ballivi tum ejus per tallias immoderatas bona tenentium vacantis ecclesiae auferunt ; nemora & vivaria destruunt , domos consumere festinant & dissipant bona , pauperes malo tractant , & destruunt , jam non solum ad ea quae ratione custodiae obtinere convenerant manus extendunt , sed etiam ad bona superstitum ut blada & instaura & alia , quae ratione baroniae ad ipsum specture non possunt , videlicet decimas , ecclesias & oblationes episcopatibus seu monasteriis appropriatas & similia occupare praesumant . ut huic igitur morbo facilius occurratur , ordinamus , quod statim postquam escaetores & ballivi regis hujusmodi custodias ingressi fuerint , praelati qui jurisdictionem praesumant , publicè & solenniter interdicant sub poena excommunicationis dictis ballivis domini regis & aliis omnibus in genere , ne talia attentare praesumant . quod si contra fecerint , denuncient eos in dictam sententiam incidisse , & in sententiam talem quae contra illos qui libertates in magna charta concessas nec non libertates ecclesiasticas confringunt , et tales usque ad satisfactionem congruam excommunicati publice nuncientur quam sententiam si contempserint , contra eos procedatur per interdicta et alias poenas superius annotatas . et si * dominus rex super hiis competenter monitus sic ablata non restituat , vel damna resarciat , procedatur contra eum sicut in aliis casibus regem tangentibus superius est ordinatum . . de libertate & longa possessione . archiepiscopus itaque & ipsi ratione patrimonii ecclesiastici commune monitione coram justiciariis itinerantibus evocati , per atturnatos seu procuratores literatoriè constitutos , per libertatem ecclesiae & consuetudinem admittantur : supplicatum est domino regi , ut sustineat , quod per literas procuratores admittantur , sive atturnati eorundem ; & justiciarii moneantur , quod per tales competentibus admittant atturnatos . si verò sic non admittant , sed quod personaliter non venit praelatus , condemnetur , postmodum & distringatur : providemus , quod procedatur contra attachiatores , distringentes , ut superius est expressum . quia in super praelati & clerici venire coram magistratibus secularibus distringuntur , ossensuri de jure aut quo warranto ( seu guaranto ) utuntur libertatibus quibus a longis retro temporibus , ipsi ●ive praedecessores sui usi sunt pacificè , nomine ecclesiarum suarum : alioquin impediuntur uti libertatibus praedictis . ordinamus , quod sic vocati non respondeant , nisi quod nec allegent longam possessionem ecclesiae suae , ac revocent eas in dubium , non ponant se ad inquisitionem laicorum . et si propterea spolientur , attachientur , distringantur , vel alias condemnentur ; procedatur contra spoliantes , attachiantes , et * dominum regem , ut superius annotatur . et si retineatur praelatus , archiepiscopus cum episcopis requirat eum , & puniat detentores : et si libere non dimittatur , ad interdicta ut superius procedatur . . de malitia judicis secularis contra libertatem ecclesiae . aliquando quidem ecclesiis vel praelatis principes , & alii christi fideles , possessiones & libertates dant per suas chartas ; in quibus hujusmodi clausula vel similis continetur . omnia quae ad me vel ad haredes meos de tali feudo , ●ive feodo vel possessione pertinent , vel poterunt pertinere , tali ecclesiae vel monasterio , ac earum praelatis vel ministris , ●ine aliquo retinement● , do , & concedo , & hac praesenti charta mea confirmo . et si postmodum super aliquo articulo de pertinentiis , quae in charta ipsa non fuerint specialiter expressa , & in dicto seculari contentio moveatur ; dicunt judices seculares , chartam ipsam esse vacuam et inanem , eo quod nominatim articulus ille non exprimitur in eadem . et sic verbum ( omnia ) secundum eos nihil contineat , nisi fuerit specialiter expressum . et si articulus libertatis contentus in charta specialiter exprimatur , dicunt iidem judices chartam ipsam esse vacuam & invalidam , si ecclesia vel monasterium usa non fuerit hujusmodi libertate . providemus , quod justiciarii & alii judices seculares , ecclesias vel loca religiosa perversa interpretatione hujusmodi , possessionibus vel libertatibus defraudantes , moneantur per locorum ordinarios in quibus talia judicia exercentur , quod sub talis interpretationis velamento , possessiones , libertates et jura ecclesiastica perturbare et invertere non praesumant . quod si monitionibus non acquieverint eorundem , per * excommunicationis et interdicti sententias dictorum iusticiariorum et iudicum , sive clerici sive laici fuerint , iniquitas secundum formam annotatam superius , comprimatur . . quod ecclesiastici viri non teneantur facere sectam ad curiam secularem propter ecclesiae libertatem . licet autem dominus rex , & magnates aliique christi fideles , terras & possessiones in liberam , & puram , & perpetuam eleemosynam ecclesiis & viris ecclesiasticis produxerint conferendas , nihilominus ipsi & ballivi sui compellunt hujusmodi personas ecclesiasticas , pro praedictis terris & possessionibus sectam facere ad curiam suam laicalem , contra donationis formam , & officium pietatis , & jura ecclesiarum , & possessionibus quibus usae sunt à longis temporibus & antiquis , ac retroactis perturbantes eos , nisi de concessionibus originalibus chartis suis , fortè vetustate vel alio modo deperditis vel consumptis , fidem fecerint coram eis . ordinamus , quod si districtio fuerit pro hujusmodi sectis , à donatoribus , fundatoribus , vel eorum haeredibus , seu aliis suis qualitercunque succedentibus , per praemissas censuras ecclesiasticas penitus reprimantur . si vero à capitalibus dominis districtio fiat pro hujusmodi sectis faciendis , compellentes & distringentes , modo simili arceantur . iusticiarii autem et alii iudices forenses qui per fraudem convertunt amerciamenta libertatum episcoporum et praelatorum inferiorum , contra chartam domini regis omnium libertatum , tanquam transgressores dictae chartae arctius puniantur . . de sacramento confessionis & ne incarceratis denegetur . praetereà cum sacramentum confessionis & poenitentiae , secunda sit post nausragium tabula , & ultimus humanae navigationis portus , id est finale refugium , sit unicuique peccatori pernecessarium ad salutem , sub poena excommunicationis districtius praecipimus , ne aliquis impedire praesumat , quin hujusmodi sacramentum poenitentiae unicuique petenti libere impendatur , & spacium liberum confitendi , quod potissimè propter carceratos suadetur , quibus hujusmodi sacramentum saepius inhumaniter ( ne dicamus infideliter ) denegatur . et si interdum confitendi spacium eis datur , hoc ita breve & importunè conceditur , quod potius cedit miseris in desolationem gaudii spiritualis . . de laicis dominis testamenti factionem impedientibus , & de bonis intestatorum . quoniam laicis ab intestato decedentibus , domini feudorum non permittunt ipsorum debita solvi de bonis mobilibus eorundem , nec in usus liberorum suorum vel parentum , vel aliàs secundum dispositionem ordinariorum , piè distribui pro defunctis . providemus , quod dicti domini et eorum ballivi moneantur diligenter , ut a talibus impedimentis desistant : quod si moniti non paruerint , saltem pro ea portione quae defunctum contingit , ut in pios usus per locorum ordinarios distribui libere possit , per excommunicationis sententiam compescantur . eodem modo procedatur contra eos , qui ascriptitiorum & aliorum servilis conditionis testamenta , & ultimas voluntates impediunt , contra consuetudinem anglicánae ecclesiae hactenus approbatam . praedictas autem provisiones extendi volumus ad omnes personas , tàm ecclesiasticas quàm seculares jura regalia habentes , quibus hactenus consueverunt uti statuimus & praecipimus ne cuique executori permittatur administrare de bonis testatoris , nisi prius de omnibus bonis ipsius defuncti fidele fiat inventarium , & loci ordinario ostendatur . item probato testamento coram ordinariis , non committatur alicui vel aliquibus executio seu administratio in bonis defunctorum nisi talibus qui competentem administrationis suae rationem ( cum super hoc per locorum ordinarios fuerint requisiti ) reddere possint . item statuimus praesentis authoritate concilii ne aliqui religiosi cujuscunque professionis existant sint executores testamentorum , nisi de licentia ordinarii & voluntate procedatur . item testamentis coram ordinariis probatis eorundem testamentorum probatio a laicis nullateuus exigatur . nemo impediat nec impedire procuret quo minus ultimae voluntates defunctorum procedant in hiis quae de jure vel consuetudine testari possunt . si vero contra hoc * statutum venire praesumpserint , sciant se authoritate praesentis concilii esse excommunicationis sententia involutos , et tanquam contra earundem libertatum violatores , contra eos per censuram ecclesiasticam procedatur . item statuimus ne quis alicujus solutae vel conjugatae propriae , vel alterius impediat vel perturbet , seu faciat impediri justa , seu consuetam testamenti liberam factionem , quod si fecerit sciat se excommunicationis sententiam incurrisse . item statuimus , quod de protione mortui habeat ecclesia jus suum deductis tum prius de communi hiis quae domino & quod dono debetur , & sumptibus funeris . item statuimus , quod nullus executor retineat aliquid de bonis defuncti cujus testamentum exequitur , emptionis titulo vel alio modo , nisi fuerit à testatore sibi inter vivos donatum , vel ex testamento legatum . . de bedellis & apparitoribus archidiaconorum & aliorum praelatorum . item contra gravamina & excessus quae per bedellos & apparitores archidiaconorum & decanorum subditis inferri dicimus , remedium adhibere volentes , statuimus , ut cum pro faciendis executionibus aut aliis necessitatibus ad hospitium rectorum , vicariorum , seu capellanorum , vel aliorum sacerdotum , seu clericorum , seu religiosorum eos declinare contigerit , nihil omnino ratione procurationis vel alterius servitutis , seu servitii exigant ab eisdem , sed cum gratiarum actione recipientes ea quae eis ab hospitibus apponuntur , illis contenti existant , neque per nuncios & subbedellos sed per seipsos executiones faciant praeceptorum : sententias autem excommunicationis et interdicti vel suspensionis per se non ferant , neque per alios latas denuncient , sine specialibus literis dominorum suorum . et si secus praesumptum fuerit , sententiae sic late ipso jure non teneant , neque serventur cum in veritate non ligent . et bedelli qui contra hoc statutum fecerint & onerosi seu injuriosi subditis dominorum suorum inventi fuerint , graviter puniantur & gravatis duplum restituere teneantur . . quod clerici moneri debeant ut deferant tonsuram , vestes & coronam . item statuimus , quod episcopi in suis synodis & aliis convocationibus , & singuli archidiaconi & decani in suis capitulis , & rectores capellani sive vicarii ecclesiarum parochialium in suis ecclesiis , semel in anno publice denuncient omnibus qui gaudere voluerint privilegio clericali , quod decenter tonsuram & coronam rasi capitis deferant competentem , maximè coram suis ordinariis , & in ecclesiis ac congregationibus clericorum , nec erubescant ipsius portare * stigmata qui pro eis spineam non dedignatus est portare coronam , factus patri obediens usque ad mortem , ut eos suae resurrectionis tribueret esse participes , & haereditatis precio sui sanguinis acquisitè consortes , comminaturi eis qui contra denunciationem istam secus praesumpserint attemptare . quod si signum salvationis erubuerint frontibus suis imprimere , frustra salvatoris debebunt auxilium implorare , cum privilegium dignitatis mereatur amittere qui concessa sibi abuti detegitur dignitate . no penalty is inflicted on clerks for not obeying this constitution . . de carcere episcoporum habendo , & qui clerici perpetuo carceri sunt committendi . item , speciali praecepto statuimus , quod quilibet episcopus in episcopatu suo prout competentius et securius provideri viderit , * unum vel duos carceres habeat pro clericis flagitiosis in crimine , vel convictis juxta censuram canonicam detinendis . statuimus etiam , quod clericus aliquis qui adeo malitiae suae incorrigibilis fuerit & consuetus ad flagitia committenda , quod si laicus esset secundum leges seculi ultimum deberet pati supplicium , talis clericus perpetuo carceri adjiciatur . in illis autem qui non ex voluntate & proposito , sed casu fortuito , autiracundia , aut fortè insania committerent , antiqua jura servari volumus ; praedicta denique remedia , tàm ad praesentia quàm ad futura gravamina se extendunt : praesertim † cum sententiae excommunicationis de consensu regis & magnatum regni londoniis , per praelatos solenniter sint promulgatae in transgressores chartae omnium libertatum . archiepiscopi & episcopi , de consensu & approbatione inferiorum praelatorum , capitulorum cathedralium , & conventualium : necnon universitas totius cleri angliae , pro reformatione status ecclesiae anglicanae , et reparationis libertatis , h●c praedicta concorditer et communiter * ordinaderunt , retenta sibi potestate addendi , mutandi , et corrigendi , prout viderint expedire . datum apud westmonasterium in solenni convocatione cleri ecclesiae anglicanae , . idus junii , anno domini . * & anno pontificatus alexandri papae . septimo , & anno regni illustris regis henrici quarto . * per bonifacium cantuariensem archiepiscopum . in most of these constitutions of archbishop boniface , and all our english bishops and clergy in this convocation , ( specially contrived , as i apprehend , against judge bractons forecited treatise of prohibitions , written about that time , & other prohibitions forecited ) i cannot but take notice of these particulars , worthy special observation . . their high contempt and daring presumption , in holding this convocation upon archbishop boniface his own summons , not only without the kings special writ , against law and former presidents , but also against his express * forementioned prohibitions issued to him and them , not to hold or resort thereto , under pain of seising or forfeiting their temporalties . ly . in presuming to make such constitutions as these , not only without the privity or consent of the king , lords and commons of the realm , very highly concerned in them , in their liberties , properties , consciences , but in direct avowed opposition against them , having refused from time to time upon their petitions , to grant what they here decreed , as themselves attest in their prologue , and that upon just grounds of law , prudence , policy , right , conscience . ly . in exempting their persons , lands , goods from all secular persons and courts jurisdictions by these constitutions , whereto they prohibited any clergyman to submit , under severest ecclesiastical censures . ly . in subjecting not only the persons of all the nobility , commonalty to their ecclesiastical excommunications with bell , book and candle , and their mannors , lands , goods to their interdicts , but even the king himself to their admonitions , and his lands , castels , cities , mannors , subjects to their arbitrary interdicts in several cases , for opposing their transcendent , if not treasonable encroachments upon the ecclesiastical & civil rights , prerogatives of the crown , the laws and antient customs of the realm , his temporal judges , justices , sheriffs , bayliffs , lay-subjects liberties , all prostituted to their exorbitant censures & arbitrary pleasures . ly . in inflicting severe penalties on all inferiour clergy-men , who should not pursue , or violate these their constitutions , by sequestrations , deprivations , disabilities to receive or enjoy any ecclesiastical benefices or dignities whatsoever ; & inflicting penalties on all such bishops as should neglect or refuse to put them in execution . ly . in their most execrable abuse of excommunications , interdicts of whole cities , parishes , villages from all sacred ordinaries upon every trivial occasion , and conceived neglect or disobedience of some particular persons only , in not executing or opposing these their constitutions ; yea for the kings , his courts , judges granting , and not recalling their legal writs of prohibition , judgements , for defence of the rights of the crown , laws , or subjects liberties , against their papal encroachments on them ; and the jurisdiction of all his temporal courts , in cases of advousons of churches , lay-fees , chattels , contracts , not properly belonging to ecclesiastical cognisance , all which they endeavoured to engrosse into their own hands , courts . ly . that though all the bishops , clergy , prelates , priors formerly * opposed archbishop boniface his visitations and encroachments on themselves , and publickly declaimed against him for his rapines , covetousnesse , violence , non-residence , neglect of his pastoral duty , oppression , and other vices , yet here they cryed him up for another st. thomas of becket , and canonized him as a kind of saint before his death , for these his antimonarchical constitutions in defence and advancement of the prelates , churches , clergies pretended liberties , and ecclesiastical jurisdiction , for which they would contest even to death under this their martial general . ly . that though these constitutions were kept secret , and not publickly divulged at first , ( as mat. paris intimates ) with a clause of adding to or substracting from them , to avoid the just censure of the king and kingdom upon the makers of them , for their high contempts and treasonable designs against the kings crown , dignity , the antient laws , customs government of the kingdom , which they would totally subvert ; upon which account joha peckham archbishop of canterbury was complained against in parliament , and enforced by the king and lords to revoke sundry of his constitutions made in the council at a radyng under him , anno e. . with a deleatur , et pro non pronunciata habeatur , illa clausula in prima sententia excommunicationis , quae facit mentionem impetrantibus literas regias ad impediendum processus , in causis quae per sacros canones ad forum ecclesiasticum pertinent , &c. ( relating to these constitutions of boniface , then first divulged as i conceive ) whose canons were not altogether so high as these of boniface ; yet their ambitious successors , and some bold doctors of the canon and civil law , ( as b johannes de aton , and c william lindewode ) presumed to publish them with their expunged , revoked clauses , and glosses on them , some ages after , endeavouring to make them obligatory both to the english clergy , church , kings , subjects , to create every archbishop , bishop , archdeacon of england a pope , and make the kings , nobles , judges , civil officers , courts of justice , and commonalty of england , little less then their slaves and vassals : which constitutions , though never submitted to , nor approved , but revoked , nulled by them , yet some aspiring prelates , and bold ignorant canonists of late times , have cryed them up to be , and executed them as the ecclesiastical laws of england , though never received nor ratified as such , but alwayes opposed in such manner as i have related ; yea totally neglected , or seldome put in use in times of popery by their makers , as lindewode himself acknowledgeth in his epistle to henry archbishop of canterbury before his provinciale . you may judge of these trees by their fruits , ex cauda draconem . praemoniti praemuniti . i now proceed to records of this year . the bishop of durham having sequestred all benefices of the bishop of karleol , within the diocesse of durham , and the gardian of the bishoprick of karleol intending to sue out an inhibition to take off the sequestration ; the king issued this writ to the gardian to let all things continue at present in the state they then were , till the day he had appointed to hear and determin the businesse . rex waltero de rudham custodi episcopatus karl . salutem . quia diem pr●fiximus venerabili patri dunelm . episcopo , usque ad crastinum animarum prox ▪ futur . super sequestris ecclesiarum ad episcopum karl . spectantium quae sunt infra dioc. dicti dunolm . episcopi , ita quod sequestra illa interim in eodem statu in omnibus in quo nunc sunt remaneat , sine aliqua immutatione facienda , vel sine aliquo de praedictis sequestris hinc inde recipiendo . vobis mandamus , quod sequestrum dictarum ecclesiarum in statu in quo prius extitit esse permittatis in omnibus , absque aliqua injunctione inde facienda usque ad praefatum terminum , sicut praedictum est . teste meipso apud wodestock , die julii anno regni nostri . eodem modo mandatum est vic. northumbriae . he likewise made this letter of procuration concerning his right to this church of karliol during the vacancy . rex omnibus , &c. noverit universitas vestra quod nos dilectum clericum nostrum walterum de rudham , & johannem de beleshall , nostros constituimus procuratores , ad assidendum , petendum & recipiendum nomine nostro decimas , redditus seu pensiones nobis debitas ratione episcopatus karl . vacantis , & in manu nostra existentis , sive sint in archiepiscopatu eborum , sive cicestrensi , sive dunelm . episcopatibus . dante 's eisdem vel eorum alteri potestatem & speciale mandatum pro statu nostro & suo appellandi , & appellationem prosequendi coram quibuscunque judicibus ordinariis seu delegatis in cujus , &c. teste ut supra . the church of colen wherein the three kings were buried being burnt , the king issued this writ to the archbiship and bishops to give way and furtherance for a collection toward the repair thereof , and not to hinder it . cum ecclesia coloniensis , in qua corpora trium regum beatorum requiescunt , per incendium inopinabili ac miserabili casu sit consumpta ; rex ad petitionem conradi archiepiscopi colon. scribit archiepiscopo cantuar. et aliis praelatis ac fide libus totius angliae quod nuncios ipsius fabricae , cum pro peteno● subsidio ad ipsos venerint , benigne recipiant , et quod nullum eis inferant molestiam , &c. pope alexander being very prodigal of what he had no right to grant , and to grant the same thing to several persons , after he had granted king henry the fruits of vacant benefices and ecclesiastical dignities in england and ireland for five years , towards the holy wars , granted the archbishop of tuam in ireland , formerly dean of london , the profits of all benefices before he was archbishop for two years , not excepting his former grant to the king , whereupon the king issued this writ to the archbishops proctors , not to gather the said profits for the archbp. threatning to call them to an account , and make them return what they had or should receive thereof . rex procuratoribus archiepiscopi tuam . quondam decani london . salutem . cum dominus papa de fructibus dignitatum et aliorum beneficiorum vacantium per annum habendis , ad prosecutionem voti nostri , usque ad quinquennium nobis gratiam fecerit specialem , ac sicut intellexinius , idem dominus papa praefato archiepiscopo fructus beneficiorum suorum per biennium sibi concesserat , nulla de privilegio super dictis fructibus nobis concessis facta peuitus mentione : vobis districtius inhibemus , ne ad fructus decanatus et praebendi london . aliorumque beneficiorum , quae in regno nostro ante suam promotionem in archiepiscopum obtinebat praesumatis extendere manus vestras . scituri , quod si secus praesumpseritis , nobis respondebitis de eisdem . teste rege apud windes . . die junii . the king this year commanded all the monies raised or to be raised out of the vacancies of bishopricks in his hands , to be paid to his treasurer at the new temple , towards the satisfaction of his debts , by these letters patents . rex thesaurario novi templi london . salutem . quia omnes exitus de episcopatibus & aliis custodiis in manu nostra existentibus provenientes , in certo loco volumus reservari , in solutionem quarundam debitorum nostrorum convertendos , nos de fidelitate & promptitudine vestra specialiter confidentes : vobis mandamus rogantes , quod totam pecuniam quam willielmus le bretun , & johannes blundell , custodes episcopatus norwicen . vacantis in manu nostra existentis , vel alii custodes vel ballivi nostri vobis sub sigillis & clavibus suis liberaverint ad opus nostrum reservandam , salvo custodiatis in praedicta domo vestra sub sigillis & clavibus eorundem , donec aliud à nobis super hoc habueritis in mandatis . in cujus , &c. teste rege apud wodest . . die julii . et mandatum est willielmo le bretun , & johanni blundell , custodibus episcopatus norwicen . quod totam pecuniam per eos receptam & recipiendam de exitibus ejusdem episcopatus , dum episcopatus ille vacans fuerit , & in custodia sua liberent praefato thesaurario , cui rex mandavit , quod pecuniam illam recipiat & salvo custodiat donec rex aliud eis super hoc dederit in mandatis . teste ut supra ; & sunt clausae . what wasts and spoiles were then committed in vacant bishopricks to raise monies , you may conjecture by this relation . eodem tempore , cum monachi elyenses suum subpriorem , virum idoneum & irreprehensibilem ritè in suarum pastorem animarum ad officium praesulatus elyensis elegissent , domini regis , qui pro alio literis suis & nunciis solemnibus instanter postulaverat , voluntati non obsecundantes ; rex iratus valde , custodiam commisit , quasi lupo agnum esurienti , johanni valerano , qui lucos explanavit , homines depauperavit , monachos damnificavit ; ita ut viderentur omnia , contempto dei timore et sanctorum reverentia , patere discrimini ; et ecclesiam ultimae svbjacere servituti , et patere praedis violenter occupantibus . you had an account the year before , how expensive , troublesome the popes grant of the kingdome of sicily to king henries son edmund proved to him , upon what cheating , hard , if not impossible termes it was granted , and what letters passed between the king , pope , cardinals and his legats concerning it : i shall now pesent you with further transactions touching that affair , this year out of our records , to the same effect . memorandum , quod privilegium domini innocentii papae quarti , de dono quod fecit domino edmundo filio regis angliae , de regno siciliae , transmissum fuit per alexandrum de valeynes cleric . cancellar . magistro rustando , & artaldo de sancto romano deferendum , simoni de monteforti , comiti lecestr . & petro de sabaudia , prout praedicti petrus & rustandus , consuluerunt . ita quod si praedictus comes leycestriae & petrus de sabaudia , adeant personaliter curiam romanam profacto siciliae , sicut rex injunxit , tunc praedictum privilegium secum deferant . et si non ●ant personaliter , tunc privilegium illud remittatur ▪ regi . per artaldum de sancto romano . rex magistro rustando & artaldo de sancto romano , salutem . mittimus vobis per alexandrum de valeynes clericum cancellariae nostrae , privilegium domini innocentii papae quarti , de dono quod fecit nobis & edmundo filio nostro de regno siciliae , sicut petrus de sabaud . & vos magister rostand . consuluistis deferendum simoni de monteforti com. leycestr . & praedicto petro. ita quod si iidem comes leyc . & petrus de sabaudia , personaliter adeant curiam romanam pro facto siciliae , sicut nuper eis injunximus , tunc praedictum privilegium praedictis com. & petro liberetis secum ad curiam deferendum . si v●ro personaliter non ●ant ad curiam , tunc vos artoldo privilegium illud nobis salvo reportetis . teste rege apud wodestock . . die julii anno regni nostri . eodem modo hoc idem mandatum est praedicto artaldo perse , ut praedictum privilegium recipiat à praedicto rostando , & illud tradat praedictis , com. & petro si procedant ad curiam , alioquin illud privilegium regi reportet sicut praedictum est . teste ut supra . surely this empty priviledge , and illegal , ridiculous grant , was not worth so much care and seriousnesse as this , being a meer cheat to drain the kings and his subjects purses to fill the popes coffers . it seemes that rostand received it according to the kings directions , by this next record . excellentissimo domino suo h. dei gratiâ regi angliae , &c. magister rostandus , &c. salutem . vestra noverit celsitudo quod cum dominus artaldus de sancto romano transfretasset die sabbati post octobas apostolorum petri & pauli , alexandri de valen. ad nos propter hoc accedente privilegium super concessione regni siciliae , recepimus ab eodem & de ea faciemus prout vestra celsitudo mandavit . valeat excellentia vestra per tempora longiora . dat. apud roff. dicta die sabbati . ista litera tradita fuit , petro de winton . clerico garder . regis custodienda . the king directed this gratulatory and supplicatory letter , with sundry letters of procuration in his own and sons name , to the pope , touching his grant of sicily to his son , and a power to renounce his right thereto , if it should be expedient for the good of the church of rome . domino papae rex salutem , cum omni reverentia & honore . sanctitati vestrae gratiarum assurgimus uberimas actiones , quod talem & tantum virum , utique circumspectum summae religionis & prudentiae venerabilem patrem j. archiepiscopum messanen . vestri ac nostri honoris fervidum zelatorem , pro negotio regni siciliae , ad nos destinare curavit , qu●m ad benignitatis vestrae praesentiam de concilio procerum & aliorum nobilium regni nostri remittimus , prout melius ad ecclesiae romanae , ac nostrum commodum & honorem potuimus feliciter expeditum . in praesentia quidem ipsius tractavimus & efficaciter ordinavimus , & de capitaneo nobili probo & aliis solempnibus nunciis , cum magna summa pecuniae ad vestram clementiam , destinandis habentibus plenariam potestatem faciendi omnia , quae nos ipsi faceremus fi praesentes essemus prout idem archiepiscopus beatitudini vestrae plenius referre poterit vivâ voce ; vestr● igitur sanctitati , cum affectu quo possumus supplicamus quatenus memoratum negotium , pro quo tot sustinuistis labores , sumptus innumerabiles , faciendo manutenere velitis , et vestrae munificentiae gratiam affluentem , quam de praedicto regno in edmundo karissimo nato nostro vestra liberalitas nobis fecit , benevolo continuare curetis nullum negotii praedicti mutationem vel innovationem citra dictorum nunciorum adventum aliquatenus fieri patientes . teste rege apud merton . . die may. sub eadem forma mutatis mutands scribitur venerabili cetui cardinalium per literas clausas . summo pontifici ac venerabili cetui cardinalium , h. rex angliae , &c. salutem . cum reverentia & honore . quia negotium regni siciliae plurimum residet cordi nostro , volentes ut foelicem sortiretur eventum , ecce quod juxta vestrum & ecclesiae romanae consilium , parati sumus cum illustri rege francorum inire pacem & concordiam , ut per hoc vestro etiam mediante consilio , auxilio & favore praefatum negotium , negotium ad honorem dei et ecclesiae romanae ac nostrum prosperis successibus convalescat . in cujus , &c. teste ut supra . summo pontifici rex , salutem . noverit vestra paternitas quod nos venerabilem patrem r. taratasien . archiepiscopum , simonem de monteforti com. leycestr . petnum de sabaudia , joh. mansill thesaur . ebor. quemlibet eorum insolidum nostro ac dilecti filii nostri edmundi nomine procuratores nostros & constituimus nuncios speciales , dantes eis plenam ac liberam potestatem ac speciale mandatum componendi cum ecclesia romana super negorio regni siciliae , praefato filio nostro ab apostolica sede concessi , prout ipsi melius viderint expedire : ratum habituri quincquid per ipsos , & cum ipsis , vel per duos ipsorum factum fuerit in hac parte . in cujus &c. teste ut supra . summo pontifici & venerabili cetui cardinalium , h. rex angliae , &c. salutem . noverit vestra paternitas reverenda quod nos venerabilem patrem taratasien . archiepiscopum simonem de monteforti . com. leyc . petrum de sabaudia , & joh. mansell thesaur . ebor. nostro ac dilecti filii nostri edmundi nomine procuratores nostros constituimus & nuncios speciales , dantes eis plenam & liberam potestatem ac speciale mandatum renunciandi regno siciliae nobis & dicto edmundo ab apostolico sede concesso si viderint expedire : ratum habituri & firmum quicquid ipsi vel duo ipsorum nomine nostro & dicti edmund . filii nostri super hoc duxerint faciendum . in cujus rei testimonium , tam pro nobis quàm praedicto edmundo praesentibus literis sigillum nostrum duximus apponendum . teste rege apud windes . . die junii . summo pontifici r. salutem . cum reverentia quod nos venerabilem patrem r. taratasien . archiepiscopum , ac dilectos & fideles nostros simonem de monteforti com. leyc . petrum de sabaudia , & johannem mansell thesaur . eborum , procuratores nostros , quemlibet eorum in solidum constituimus & nuncios speciales , videlicet ad petendum à vestrae clementia sanctitatis meliorationem & reformationem conditionum in privilegio apostolico contentarum super concessione regni siciliae dilecto filio nostro edmundo facta , & ad tractandum de novis conditionibus apponendis obligandique nos & eundem filium nostrum ad observandas easdem subquibuscunque modis pactis , aut etiam juramentis prout ipsi vel alter eorum viderint expedire . in cujus , &c. teste rege apud windes . . die junii . rex universis christi fidelibus praesentes literas inspecturis vel audituris , salutem . noverit universitas vestra quod nos venerabilem patrem● r. taratasien . archiepiscopum , simonem de monteforti com. leyc . petrum de sabaud . & johannam mansell thesaur . eborum nostro ac dilecti filii nostri edmundi nomine procuratores nostros constituimus & nuncios speciales ; dante 's eis plenam & liberam potestatem ac speciale mandatum tractandi , componendi , cum ecclesia romana super negotia regni siciliae & ad mutuum recipiend . & ad omnia alia facienda nomine nostro & dicti edmundi filii nostri , pro praedicto negotio & aliis quae sibi injunximus expediend . in curia romana , quae nos ambo facere possemus , si praesentes essemus & ad praestandum in animas nostras cujuslibet generis sacramentum . ratum & firmum habituri quicquid ipsi omnes vel duo ipsorum nomine nostro & dicti edmundi , super praemissis duxerint faciendum . in cujus rei testimonium , tam pro nobis quàm praedicto edmundo filio nostro , praesentibus literis sigillum nostrum duximus apponendum . teste ut supra . sanctissimo in christo patri ac domino alexandro dei gratia sacrosanctae romanae ecclesiae summo pontifici , * edmundus eadem gratia rex siciliae , devota pedum oscula beatorum . noverit vestra paternitas reverenda , quod nos dilectos nostros venerabilem patrem taratas . archiepiscopum ac nobiles viros simonem com. leic. petrum de sabaud . & johannem mansell , quemlibet in solidum de mandato & authoritate domini patris nostri h. dei gratia regis angliae illustris procuratores nostros constituimus & nuncios speciales , videlicet ad petendum à vestra clementia sanctitatis meliorationem & reformationem conditionum in privilegio apostolico contentarum , super concessione praefati regni siciliae nobis facta , & ad tractandum de novis conditionibus apponendis ; obligandumque nos ad observandas easdem sub quibuscunque modis , pactis , aut etiam iuramentis prout ipsi vel alter eorum viderint expedire . ratum promittentes nos habituros et flrmum quicquid per ipsos et cum ipsis vel quolibet eorum in solidum factum fuerit in praemissis . in cujus rei testimonium bullam nostram auream praesentibus duximus apponendum . dat. windes . . die junii , anno gratiae . & anno regni nostri secundo . rex simoni de monte forti com. leic. & petro de sabaud . salutem . licet diligenter institerimus pro magistro n. de plimpton , & johanne clarell , vobiscum mittend . ad curiam romanam , neutrum tamen ipsorum , seu alium clericum idoncum potuimus obtinere ; unde per dilectum clericum nostrum artaldum de sancto romano , diversa paria literarum patentium ex ordinatione magistri rostandi confecta domino papae & cardinalibus , ac similiter universis directarum , tam super melioratione conditionum facti siciliae , quam super renunciatione ejusdem regni ex parte nostra et edmundi filii nostri facienda , vobis mittimus , una cum quadam provisione , sigillo nostro signata , quam idem magister super diversis articulis ordinavit : quibus omnibus inspectis & diligenter intellectis c●mmunicato etiam consilio episcopi wygorn . praedicti magistri & aliorum de consilio nostro apud vos existentium faciatis , super hiis prout honori et utilitati nostrae et hujusmodi negotii expeditioni videritis melius expedire , quia haec omnia vestrae discretioni totaliter committimus . ad haec mittimus vobis viginti cedulas albas & vacuas sigillo nostro signatas , & octo paria cedularum albarum sigillo edmundi filii nostri signatarum , una cum decem albis chartis vacuis auro bullatis , sub nomine edmundi filii nostri , sicut nuper vobis praesentibus fuit provisum , quas omnes cedulas praedictas si personaliter ad curiam iveritis , quod petimus modis omnibus , pro munere speciali vobiscum deferatis , alioquin quod absit , praedictas cedulas damnatas nobis remittatis , nisi fortè aliquas pro novis procuratoriis faciendis retinueritis , quas in praesentia vestra statim conscribi faciatis , prout videritis melius expedire . caeterum jam obtinuimus licet cum magna difficultate , quod episcopus bathon . concessit ire ad curiam romanam pro negotio praedicto , quem ad vos in franc. destinamus , super praemissis omnibus & aliis nobis voluntatem vestram significetis . teste meipso apud rading , . die junii , anno regni nostri . he likewise issued this patent for provision of monies for these his proctors and commissioners sent to rome , to treat with the pope about the kingdom of sicily , out of their collections of the dismes granted him for relief of the holy land. rex collectoribus pecuniae crucis & decimae in provincia eboram , salutem . cum de consilio nostro jam sit provisum , quod tota pecunia crucis & decimae praedictae , & ex quacunque alia causa tàm ex beneficiis vacaturis , quàm ex aliis gratiis , nobis â sede apostolica concessis proveniens , usque ad summam viginti millium marcarum assignetur magnetto spinae & sociis suis , dentegto guilli & sociis suis , & hugoni maze & sociis suis , civibus & mercatoribus florent . ad liberand . in curia romana dilectis & fidelibus nostris simoni de monte forti , petro de sabaudia , & johanni mansell thesaur . eborum , quos in nuncium nostrum pro negotio regni siciliae ad praedictam curiam , in brevi missuri sumus , vel illis quos ad curiam romanam pro eodem negotio venire contigerit : vobis mandamus , quod totam pecuniam praedictam quam penes vos habetis , & quam inde recepturi estis , habere faciatis praedictis mercatoribus ad liberandum praefatis nunciis nostris , vel illis quos ad praedictam curiam venire contigerit , pro expeditione negotii memorati , donec à nobis aliud inde receperitis in mandatis , nos enim solutionem quam praedictis mercatoribus feceritis de pecunia praedicta ratam habebimus & acceptam . in cujus rei testimonium , &c. teste rege apud windes . . die junii . per regem & consilium suum . consimiles literae diriguntur collectoribus in dioc ▪ winton . collectoribus in dioc. lincoln . collectoribus in dioc. landaven . collectoribus in dioc. bathon . collectoribus in dioc. de sancto asaph . collectoribus in dioc. lincoln . collectoribus in dioc. ebor. collectoribus in dioc. meneven . collectoribus in dioc. coventr . & litchf . collectoribus in dioc. karleol . collectoribus in dioc. bangor . collectoribus in dioc. roffen . collectoribus in dioc. cicestren . collectoribus in dioc. cantuar. collectoribus in dioc. wygorn , collectoribus in dioc. norwicen . collectoribus in dioc. hereford . memorandum , quod omnes istae literae processerunt de consilio petri de sabaud . s. de monte forti com. leic. episcopi wygorn . magistri rostandi , & aliorum de consilio regis . as the last writs assure us of the collecting of this disme , so these ensuing , and some of the preceding will inform us , how the monies collected for the pretended supply of the holy land , were disposed of to other ends by the kings , popes , and rustands will , whose account of part of these monies is thus recorded . in dei nomine amen , anno ejusdem . . kalend. martii , . indict . in praesentia venerabilis viri magistri rostandi domini papae capellani , negotii crucis executoris in regno , & in terris illustris regis angliae , à sede apostolica de ipsius regis consilio , deputati magistri sincii clerici camerae ipsius domini papae , hugoictonis mattae , civis & mercator . florent . mei johannis notarii , & aliorum testium subscriptorum ad hoc specialiter vocatorum & rogatorum , facto compoto per magistros bernardum senen . nicholaum de plumpton , domini papae capellanos , & wiliielmum de lichfend , canonicum sancti pauli london . super eo quod receperant de mandato ac vice praedicti magistri rostandi , ab octavo die junii tempore quo ipse super hoc commiserat eis vices suas , usque ad diem expressum superius quo iste compotus fuit factus , recognoverunt & ostenderunt praedicti commissarii , se recepisse & habuisse à diversis collectoribus decimae proventuum ecclesiast corum , & pecuniae crucis illustri regi angliae , à sede apostolica concessa , tria millianongentas & quinquaginta duas marcas sterlingorum , quatuor solid . ob . & ferlingum , de qua summa solverunt apud novum templum london . magistro rostando praedicto , per manus praedictorum symcii & hugoictonis , de mandato ejusdem regis , ecclesiae romanae , & ipsius regis , duo millia sexcentas & octo marcas , tresdecim solidos , unum denar . & ob . et ostenderunt & probarunt per compotum se solvisse , mille trescentas quadraginta tres marcas ; quatuor solid . quatuor denar . & ob . diversis cum hermin● hermini raynerio barbotti , & sociis suis civibus & mercatoribus sen. pro expensis eis à domino rege & magistro rostando concessis & quibusdam commissar . praedicti magistri r. exequentibus negotium crucis cum quibusdam monetae in supplimentum & recompensationem debiti in quo fuerint eadem monasteria , per venerabilem patrem episcopum herefordens . ultra valorem decimarum suarum per quinquenium in romana curia obligata de summa trium millium nongentarum quinquaginta duarum marcarum quatuor solid . ob . & ferling . unde praedictus magister rostand . authoritate & vice domini papae de praedict . dom. reg. praedictos magistros p. n. & w. absolvit , liberavit & quietos vocavit & per praesens instrumentum plenam fecit refutationem exceptioni non numeratae non solutae & non traditae sibi pecuniae penitus renunciando . acta fuerit omnia supradicta in camera praedicti magistri rostandi in domo episcopi hereford . london . coram hiis . testibus scilicet johanne de stella presbytero magistro fide notar. sen. karlino & hugetto civibus & mercatoribus florent . & pluribus aliis . in cujus rei testimonium sigilla domini regis , & magistri rostandi praesentibus sunt appensa . et ego johannes de sancto rinuerio imperiali authoritate notarius hiis omnibus interfui , & de mandat . praedict . magistri rostandi , & ad preces praedict . in publicam formam redegi . rex universis , &c. cum discretus vir magister rostandus domini papae , &c. negotii crucis executor de manibus domini papae per manus dilecti nostri magistri sinicii clerici camerae , domini papae ac familiaris nostri & hug. mere. cives & mercatores florent . aliorumque receperit nonnullas pecuniarum summas , tam de decima quàm de pecunia crucis nobis ad prosecutionem voti nostri ab apostolica sede concessi à diversis collectoribus pecuniarum ipsarum , de qua omni pecunia satisfec . diversis mercatoribus quibus tenebamur , & alias expendit ad exonerationem nostram pro negotio rgni siciliae , sicut in compoto quem idem reddidit de mandato nostro philippo luvell . thesaur . nostro plenius continetur , & de quibus idem thesaur . poenes se rotulos retinuit , noshujusmodi compotum ratum & gratum habentes praefatum magistrum rostandum , quantum ad eundem compotum & ad ea quae in ipso compoto continentur ne idem ad hoc imposterum teneatur absolvimus & imperpetuum liberamus . in cujus , &c. teste rege apud windesore . die junii . anno . rex hug. mace , maineto spine , & denteito mercatoribus florentin . salutem . mandamus vobis quatenus de pecunia decimae collectae seu etiam colligendae quam vobis per collectoresipsius decimae mandavimus assignari , pro expensis illorum qui de mandato nostro pro negotio regni sicil. ad curiam romanam accederent libertatis . marcas discreto viro magistro rostando , domini papae subdiacono , et cap. de mandato nostro ad curiam pro dicto negotio regni sicil. accedenti , nos enim quantum ad hujusmodi pecuniae summam vos absolvimus & etiam liberamus . teste ut supra . the king drew up these further letters , procurations and instructions , to his procurators and commissioners , setting forth the great exigencies wherein he and his kindome were involved , and his great obligations to the pope heretofore , as inducements for to moderate the harsh conditions required from him and his son , touching the vast sums of monies , a captain and forces , then demanded for the businesse of sicily and apulia . sanctissimo patri ac domino alexandr . dei gratiâ , sacro sanctae romanae ecclesiae , summo pontifici henr. eadem gratia rex angliae , &c. devota pedum oscula beatorum . non sine gratiarum actione quas sanctitati vestrae referimus frequenter , inter nos cogitamus qualiter nobis in karissimo filio nostro . edmudo gratiam facientes , regnum ecclesiae sibi & haeredibus suis liberaliter contulistis , sub certis conditionibus per nos , et per ipsum inviolabiliter observandis , propter quod saepe et sepius tractavimus , ut sicut tenebamur dicto negotio succuramus et debita ecclesiae solveremus et capitaneum cum militia competenti mitteremus ibidem ; et licet in solutione debitorum aliquatenus sit processum , non tamen ad plenum juxta desiderium cordis nostri , cum super decima et aliis gratiis nobis ab apostolica sede concessis , multas contradictiones per praelatos et clericos regni nostri habuerimus et adhuc incessanter habemus , sed nec circa capitaneum destinandum intentionis nostrae desiderium hactenus potuimus adimplere , tum quia secundum tenorem conditionum in vestro privilegio contentarum , prius ad solvenda universa debita ecclesiae arctabamur . et cum etiam hoc non obstante de vestra misericordia confidentes nuper sicut per venerabilem patrem archiepiscopum messan . vobis scripsimus , ordinavissemus nobilem virum dominum h. de castella fratrem illustris regis castellae ad partes illas transmittere cum magna pecuniae quantitate , supervenit in regno nostro quaedam repentè turbatio , videlicet quod wallenses qui nobis & progenitoribus nostris olim subjecti ac devoci fuere , maligno ducti spiritu contra nos rebellare damnabiliter praesumentes , hominibus nostris & terris damna plurima intulerunt . cui morbo tam pestilenti obviare volentes contra dictos rebelles in manu forti accingimur pestem tàm damnosam tamque detestabilem extra terminos regni nostri eliminare volentes , propter quod hac aestate sicut firmiter credebamus , capitaneum in regnum apuliae mittere non valemus . caeterum quia ex parte ecclesiae prosecutio memorati negotii omnimodam celeritatem , desiderat quae propter moram nostram , licet sine culpâ , in grave ecclesiae romanae & nostrum praejudicium existit protelata , nolentes ulte●●us quod occasione nostri gratia quam sedes apostolica ex sincera affectione fil o nostro fecistas , et nos ex pura devotione suscepimus , in damnum ecclesiae et nostrum posset ulterius retorqueri , dilectos et fideles nuncios nostros . ( there is a blank left for the names ) ad vestrā praesentiā destinamus , qui super statu nostro voluntate ac potestate nostra vestrae clementiae plenius veritatē exponent , quâ si placet intellecta ad plenam ad honorem sacrosancta ecclesiae romanae considerationis oculum dirigentes de praefato negotio taliter ordinare velitis , quod nos , haeredesque nostri , ac totum regnum angliae devotione solita ecclesiae romanae semper obediamus nec occasione istius negotii ex quo nobis nullus fructus advenit deinceps jacturam aliquam incurramus ; peusantes ▪ quod si ad prosecutionem istius negotii sub diversis poenis nos astrinximus affectionis et devotionis sinceritatis , quam ad ecclesiam romanam matrem nostram semper habuimus , non emolumenti temporalis cupiditas fuit in causa , et quid ultra cum de sede apostolica singularem confidentiam habemus , quae semper nobis astitit in adversis , et per quam tam a nostris quam ab extraneis infestati , alterius auxilio non suffulti hostium versutias evasimus , de ipsis laudabiliter triumphantes , statum nostrum siliorumque nostrorum , ac ipsius negotii quantum ad jus nobis dictoque edmundo nato nostro in ipso regno quaesitum , ac omnia alia ipsum negotium contingentia vestrae supponimus misericordiae ; supplicantes affectione promptissima , quatenus non ad necessitates vestras , sed potius ad devotionem nostram respectum habentes , memoratum negotium fine laudabili consumeretis . nos enim gratum et ratum habebimus quicquid vestra clementia de consilio cardinalium vestrorum super hoc duxerit ordinandum . teste ut supra . si domini com. leic. & p. de suband . vadant ad curiam , ipsi plenam secum deferent potestatem ordinandi de toto negotio . si ipsi non vadant & alii transmittantur , dominus rex , filii sui , ac totum ipsius consilium in has vias consentiunt , ut si possibile fuerit procuretur . quod illa poena in privilegio magno contenta , scilicet quod si rex non solverit vel non miserit , aut non venerit , in potestate solius domini papae sit cassare , et iritare et irritum nunciare quod per ipsum et fratres suos factum est de negotio memorato . et quod nihilominus rer sit excommunicatus , regnumque angliae interdictum , tollatur omnino . et si poenis ipsis sublatis vult dominus papa donationem factam domino edmundo per dominum innocentium , & per seipsum servare , vel de novo sub aliis tolerabilibus concedere , vel salem quod tollatur poena annullationis , et remane at poena interdicti , benè quidem ; si verò papa nec antiquam donationem vult servare , nec novam facere nisi sub eisdem poenis , proroget terminos ne negotium rumpatur , ut interim cum voluntate ecclesiae tractetur de pace inter regem & manfredum ; videlicet , ut principatus & aliae terrae quas idem manfredus habebat ante privationem suam sibi remaneant , & restituat domino edmundo ; pro quo faciendo , dominus edmundus accipiat manfredi filiam in uxorem , vel fiat matrimonium , et manfredus teneat regnum quousque de proventibus ipsius regni , soluta fuerint debita ecclesiae in quibus rex angliae tenetur . quibus solutis praeteritas quas ante privationem suam habebat domino edmundo totum restituat statim , caveat per obsides & per traditionem forteliciarum suarum de tunc restituendo regnum , ut dictum est . si verò cum manfredo nulla compositio potest fieri , nec papa vult facere quod superius est praemissum , componat cum ecclesia altero trium modorum . quod si ecclesia alii conferat regnum a quo habeat debita sua , restituat regi angliae quod per ipsum solutum est , et rex renunciet omni iuri quod ipse et filius suus habuit in regno ; vel si non detur regnum alicui , aut tali qui non solvat debita , habeat ecclesia terram laboris , et rex residuum ; ita quod ecclesia liberet regem a debitis non usurariis quae debentur . camerae debita vero quae debentur mercatoribus rex solvat , sed ad hoc inducias habeat donec adeptus fuerit possessionem regni siciliae , ut de pecunia interim in angliae colligenda guerram faciat contra manfredum , nec tamen teneatur ad debita illa solvenda sub poenis illis quibus nunc est astrictus ; vel si ecclesia non vult hoc facere , fiat compositio ut deinceps occasione istius negotii dominus rex haeredesque sui in nullo teneantur sed penitus ab obligationibus et poenis sint liberi immunes et gratiae domino regi concessae ad prosecutionem voti sui ultra mare in sua remaneant firmitate : sive si proficiscatur ultra mare , sive non , sed melius videtur antequam ista ultima via fiat , quod dominus rex scribat domino papae , & fratribus significando eis qualiter istud negotium ex devotione suscepit , & quomodo semper fervens fuit ad negotium prosequendum , sed multa impedimenta habuit ex parte illa , & ex parte ista . nam quia ista gratia sibi facta fuit , totum regnum fere ab ecclesia tenebatur , & postea sine culpa ipsius est amissum . ex parte ista quia habuit guerram in wasconiae , & nunc de novo wallenses contra ipsum rebellare ceperunt . exponatque eis qualiter de novo ordinavit ut de bonis suis ad istius negotii — pecunia habeatur & commodum , gravat se pro isto negotio componendo , cum rege franciae , & intellecta veritate super potestate ipsius regis , supponat totum negotiū principale ordinationi et voluntati domini papae , et cardinalium , ut ipsi de negotio ordinent et disponant sicut ad honorem dei , ecclesiae romanae , ipsius regis , et domini edmund . quem in plerisque literis regem siciliae vocaverunt , viderint expedire . ex hoc enim forte ecclesia honori suo & ipsius regis volens consulere , tractabit cum domino rege aleman . de aliquo subsidio sibi & domino edmund . praestando ; vel datur potestas illis qui ibuut ad curiam componendi cum ecclesia de consilio venerabilium patrum dominorum hugonis petri capucii , & ottoboni cardinalium . istam chartam petunt nuncii sigillari sigillis dominorum regis , edwardi & edmundi . memorandum , quod haec omnia scripta superius irrotulata de facto siciliae , & ordinata per magistrum rustandum cum vigintis cedulis albis & vacuis sigillo regis sigillatis , & octo cedulis vacuis sigillo domini edwardi sigillatis , & decem cedulis vacuis bulla aurea bullatis , sub nomine domini edmundi filii regis tradita fuerunt artaldo de sancto romano ad portandum parisiis domino comiti leyc . & domino p. de sabaud . quos rex deposuit mittere ad curiam romanam , pro facto regni siciliae . ita scilicet , quod praedicti com & petrus de scriptis aliis , & cedulis vacuis praedictis si ad curiam romanam accedant , ordinent & disponant prout honori regis & utilitati negotii sicil. viderint expedire ; si autem praedicti comes , & p. curiam romanam ire noluerint , omnes praedictae cedulae vacuae dampnentur , & regi in angliam transmittantur , prout in literis inferius irrotulatis quas rex per praedictum artalduu● misit praedictis comiti & petro plenius continetur . what the parliament of england ; thought of these conditions imposed on the king and realme , and the great summs wherein the king was engaged by the pope for the gaining of the kingdome of sicila for his son edmund , matthew paris thus relates . eodem anno , in medio quadragesimae , factum est magnum parliamentum . in parliamento autem supradicto nondum finito , rex in audientia totius populi ▪ adducto monstratoque omnibus edmundo , quem protulerat in medium vestitum indumento apulensi , ait ; videte fideles mei filium meum edmundum , quem dominus ad regalis excellentiae dignitatem gratuita gratia vocavit , quàm manifestus est , quàm dignus favore universorum ; & quàm inhumanus , quàm tyrannicus foret , qui eidem consilium & auxilium in hoc articulo denegaret efficax & opportunum . et addidit , asserens , quod de consilio et benigno favore papae et ecclesiae anglicanae , ad regnum siciliae acquirendum se obligavit , sub poena regni sui amittendi , ad solutionem centum millium marcarum , et quadraginta millia marcarum , exceptis usuris , quae quotidie non minimum suscipiunt , licet tacitum , incrementum . item decimas totius cleri impetravit generales , per quinquennium continuandas ; omnium videlicet beneficiorum suorum , secundum novas taxationes aestimandas , nullis deductis expensis , nisi necessario faciendis . item fructus omnium ecclesiasticorum beneficiorum vacatorum primi anni , usque ad quinquennium . his auditis , omnium aures tinniebant , et corda vehementer obstupuerunt , maxime cum scirent hanc tyrannidem a papa exordium praesumpsisse . tandem licet cùm lachrymis excusationes praetenderent , & inducias postulassent remissionis , nec poterant quomodolibet obtinere , promiserunt regi ad suas instantes necessitates . et tamen conditione addita , ut magnain chartam toties promissam , emptam , et redemptam , ex tunc inviolabiliter observaret , et parceret ipsos tam argumentose praedando laedere et depauperare , quinquaginta duo millia marcarum , in irrestaurabile dampnum ecclesiae anglicanae . nec tamen adhuc donum tam opimum rex dicitur acceptasse . his expenses and debts at that time being excessively great . expensae tunc temporis ( sicut à fide dignis clericis conclavis , qui super hoc rotulos revolverant , & summas diligenter computaverint ) domini regis , postquam coeperat esse regni dilapidator , probatae sunt ascendere ad octies centum millia marcarum , & centum & quinquaginta millia marcarum , quod est horribile cogitatu . quia regnum angliae nunquam de tanto thesauro aliquod sumpsit incrementum , imo potius decrementum . melius enim tibi foret amisisse gladium vel sagittam , in profundo maris cadentem , quàm inimicus tuus ipsa à te éxtorsisset . how rustands commissioners seised the goods of persons pretended to die intestate , and how the king upon cautions given , commanded such sequestrations in some cases to be suspended , this record will evidence . rex dilectis clericis suis willielmo de lichesfield , & nicholao de plymton , gerentibus vices magistri rostandi , &c. salutem . ostensum est nobis ex parte a. wynton ▪ electi , quod cum magister emericus curtin , clericus suus , nuper in fata concessisset , vos occasione gratiae nobis à sede apostolica de inistincte legatis concessae , bona ejusdem defuncti tàm in pecunia , quàm aliis rebus sequestrari fecistis . et ideo vobis mandamus , quod accepta sufficienti cautione à magistro petro lamberto clerico praefati electi , quod idem electus in reversione sua in angliam de partibus transmarinis , vel executores testamenti praedicti magistri emerici sufficienter ostendent , ipsum defunctum condidisse testamentum de bonis & catallis praedictis , vel quod satifaciant vobis de indistinctè legatis in anglia , de quibus ratione officii vobis injuncti sequestrationem fecistis ; si forte idem magister emericus intestatus decesserit , dicto magistro petro bona & catalla praedicti defuncti quae sequestrari fecistis sine dilatione restituatis nomine dicti electi , cujus literas patentes idem magister petrus habet poenes se de restitutione bonorum dicti defuncti fibi facienda . teste rege apud windes . . die jan. anno . what contest there happened this year about the election of bishops , and what a power the king claimed , executed therein , these records and historicall passages will certifie us . the monks of ely having elected hugh balsham their subprior for their bishop , with more haste , and lesse respect to the king then was usual and requisite , and the king deeming him an unfit person , resused to give his royal assent to his election appealing against it , and commanded the archbishop by this writ , not to consecrate or admit of his election , wherein if the monks should prevaile , they would deprive him of that prerogative in all elections of this kinde , which himself and his ancestors had enjoyed . rex b. archiepiscopo cantuar. salutem . cum progenitores nostri reges angliae , episcopatus regni angliae libere consuevissent conferre , ac posteagratis * concessissent , quod cathedrales et conventuales ecclesiae liberas haberent electiones , salvis tamen eisdem progenitoribus nostris et eorum haeredibus precibus suis justis et honestis , de viris prudentibus et idoneis ibidem praeficiendis , prior & monachi elienses nuper episcopo destituti alium sibi eligere volentes ante adventum nunciorum nostrorum , quorum praesentia tàm ibi quàm alibi ubi electiones fiunt , expectari consuevit , ad videndum et procurandum quod talis eligeretur , qui nobis et regno nostro fidelis et utilis , et regimini ecclesiae idoneus existeret , perperam , et inproviso , nullo ad eligendum termino assignato , & corde episcopi sui jam defuncti nondum sepulturae tradito , nulloque ad nos respectu habito , fratrem hugonem de balsham superiorem suum , virum insufficientem & penitus inutilem , necnon & servilis conditionis ut dicitur , sibi in episcopum elegerunt , propter quod ex parte nostra fuit in scriptis appellatum , prout habito super hoc tractatu cum consilio nostro vobis in proximo plenius constare faciemus . et quia si praesens negotium , quod ita nobis cordi , est ad vota monachorum procederet , tanta nobis et haeredibus nostris immineret exhaeredatio , et regiae dignitatis offenla , quod omnes ecclesiae cathedrales in quibus religiosi potestatem obtinent eligendi , nobis invitis et precibus nostris et haeredum nostrorum penitus exclusis , objectis etiam et recusatis nobilioribus et peritioribus elericis qui ad pontificalem dignitatem provehi solent , et quorum consilio et industria ardua regni et ecclesiae negotia tractari saluberius consueverunt , exse ipsis exemplo consimili sibi episcopum assumerent , in nostri grave dispendium et contemptum ac ad retardationem promotionis hujusmodi nobilium et prudentum manifestam , quod nos pro nullo vivente temporibus nostris fieri permittemus ; nec vos ratione haeredum nostrorum qui vos idemptitate sanguinis contingunt debetis diebus vestris aliquatenus sustincre . ad haec quia daci & saxones regibus angliae guerras olim inferentes in partibus elienfibus regnum nostrum invadere & ingredi consueverunt , per quod idem regnum multotiens extitit gravissimis periculis expositum , & ad quod vitandum summè nobis foret necessarium , quod talis et nobis tam fidelis , et de quo ut de nobis confidere possemus ecclesiae elyensi praeficeretur in pastorem , paternitatem vestram , de qua in conservatione juris nostri et haeredum nostrorum plenam prae aliis gerimus confidentiam , rogamus et requirimus attente , in fide et dilectione quibus nobis tenemini , quatenus praemissa omnia plenius attendentes et pensatis periculis et damnis quae ex praedicto facto elyensi si effectum quod absit , sortiretur , nobis et haeredibus nostris processu temporis possent imminere , illud negotium nobis admodum praejudiciale , quantum in vobis est faciatis et procuretis penitus adnullari . teste &c. . die novemb. apud wintoniam . sub eadem forma scribitur willielmo bonquer . mandando ei , quod domino papae et cardinalibus factum istud totaliter exponat , diligenter et caute procurans erga ipsos et alios quos noverit expedire , quod factum istud regi et regno tam dampnosum et praejudiciale funditus adnulletur . teste ut supra . rex archiepiscopo cantuar. salutem . quia assensum regium electioni quae dicitur facta in ecclesia elyensi vacante ex certis causis non duximus adhibendum . magistrum stephanum de frenese , & johannem de liac . clericum procuratores nostros constituimus , utrumque eorum in solidum ad ponendum coram vobis nostro nomine contra electum & electionem praedictam , prout sibi nomine nostro viderint expedire , promittentes nos ratum & firmum habituros quicquid peripsum vel ipsos nomine nostro super praemissis factum fuerit seu procuratum . in cujus , &c. teste rege apud merton . . die januarii . et sub hac forma scribitur archiepiscopo per literas clausas . quare paternitatem vestram rogamus , quatenus eidem electo & parti suae praefigatis certum terminum pro vestra voluntate & prout ad vos pertinet , ad examinandum negotium electionis praedictae ut ibi faciamus per nostros proponi quod iuri et dignitati nostrae videbitur convenire . est quid super hoc vestra paternitas duxerit faciendum , nobis sine morae dispendio significare velitis . telie ut supra . the issue of this election was this ; upon the bishop elect his appeal to rome , he was confirmed there by the pope , as matthew paris relates . dominus rex qui dominum henricum de wengham , sigilli sui bajulum promovere eupiebat , speciales literas supplicatorias & solemnes nuncios conventui elyensi direxit ; petens urgenter et instanter , ut dictum dominum henricum in episcopum et suarum eligerent pastorem animarum . conventus autem considerans notitiam sui superioris , secundum illud ethnicum , ignotum tibi tu noli praeponere noti● . ipsum memoratum suum priorem , hugonem videlicet de belesale , in suum episcopum elegerunt . rex autem iratus forte pro repulsa , electum non acceptavit , et quibusdam cavillatoriis exceptionibus ipsum refutavit . praecepitque , vel conniventibus oculis permisit , ut johannes wallerannus , cui custodiam episcopatus illius commiserat , sylvas explanans , omnia devastaret , & episcopatum suis bonis graviter viduaret . quod plenius quàm permissum fuerat aut concessum , factum est , ita ut inimici episcopatus lachrymari possent , & beatam etheldredam ad vindictam provocari . die verò sanctorum gordiani & epimachi , rege & archiepiscopo cantuariensi vigilanter procurantibus , cassatus est electus elyensis . cujus loco subrogare laborarunt fratrem adamum de marisco , de ordine minorum . super quo facto mirati sunt cuncti audientes , quia electus nec electis reprobari de jure poterat , nec in eisdem vitium reperiri . sed praevaricatores , quaerentes nodum in scirpo , & angulum in circulo , imposuerunt ei , quod simplex claustralis fuit , nec de negotiis saecularibus exercitatus , vel expertus , et penitus insufficiens ad custodiendum et tuendum nobilem episcopatum elyens . et insulam , quae ab antiquo asylum extitit refugii omnibus oppressis tempore tribulationis . sed ut certius credebant quamplures , hanc gratiam regiam praecluserunt monachorum constantia et fidelitas , qui noluerunt petitioni regis adquiescere , postulantis urgenter et instanter , ut sibi henricum de wingam ejus cancellarium in eorum episcopum eligerent universi . et cum talis petitio ignaro ipso henrico facto fuisset , idem henricus sciens quod idoneum sibi conventus elegerat in pastorem , ait domino regi : domine , sinite istum pium conventum circumvenire , & cum vestris imperiosis & armatis precibus amplius sollicitare . monachi enim invocata spiritus sancti gratia , ritè elegerunt idoneum & me meliorem . absit ut sic occupem tam nobilem episcopatum , ut usurpem tantum cauteriata conscientia ministerium . in quo meruit grates ab hominibus , & gratiam à deo cancellarius reportare . nec adhuc regis indignatio est aversa , quin electum et episcopatum miserabiliter impugnaret . electus vero confisus de jure suo , romam aditurus , illico transalpinavit , a domino papa consolationem de tanta tribulatione recepturus . which he thus further relates . electus autem post multa damna , ut jus suum persequeretur , papalem curiam repentinus petiit et festinus . archiepiscopus tamen adhuc in persecutione ejus obstinatus perseverans , ut regi complaceret , qui in examinatione ipsius electi priùs ab eo facta , nihil invenit scrupulosum , scripsit amicis suis in curia romana contra episcopum electum : ut ibidem eo reprobato , in eundem episcopatum frater adam de marisco subrogaretur . cui subrogationi idem frater adam , licet omnem mundanam excellentiam , & multos redditus , frater de ordine minorum , senex & literatus , habitum religionis assumpturus , reliquisset , dicitur benevolo animo consensisse , juxta illud ovidiacum : vix ergo saturno quenquam regnante videbam , cujus non animo dulcia lucr● forent . dominus autem henricus de wengham , cancellarius , pro quo rex monachos elyenses postulaverat , patienter sustinuit , ut aliquis alius in dictum episcopatum promoveretur , humiliter protestans , quod uterque ipso dignior extitisset . upon this bishop elects appeal to rome , ( where money preponderated more then merit or friendship ) the bishop at last returned thence confirmed , to the kings great dishonour . diebus quoque sub eisdem , applicuerunt a romana curia redeuntes episcopus elyensis , et abbas sancti aedmundi , qui invitis et recalcitrantibus rege et archiepiscopo cantuariensi , a domino papa redierunt in statu prospero confirmati . et sic diatim rex , pessimo fretus consilio , suam regiam perdens dignitatem , ecclesiam studuit multipliciter damnificare . yet the king had better successe in the case of the prior of norwich , who dyed this year ; hunc quoque electum ritè in episcopum norwicensem , rex consiliis iniquorum fascinatus , circiter decennio transacto , quibusdam frivolis exceptionibus cassari procuravit . eodem tempore obiit magister nicholaus de fernham , quondam episcopus dunelmenfis , qui cesserat episcopatui , ut quietius et liberius fructus carperet contemplationis . quod cum ad notitiam regis pervenisset , extorsit ab episcopatu dunolmensi , eo quod non habuerat integrè custodiam episcopatus , ( this nicholas holding three mannors during his life for his support ) cum vacaverat trecentas marcas , medio videlicet tempore quod erat inter dictum nicholaum & creationem sive institutionem successoris sui walteri . conservatores verò partem dicti nicholai tuebantur , videlicet archiepiscopus eboracensis walterus , & episcopus londinensis fulco . nec erubuerunt regales tam enorme consilium suo domino praestitisse . eodemque anno , monachi coventrenses , cum cessisset episcopus rogerus de westham , propter suum senium & infirmitatem , elegerunt sibi in suum episcopum , & suarum pastorem animarum magistrum rogerum de molend . domini regis nepotem , quem rex accepit , et ut decuit , acceptavit . nec eum honeste potuit , ut consuevit de aliis , reprobare . porro supplicaverat conventui , ut thesaurarium suum , philippum scilicet luvel , sibi eligeret in pastorem . ideircò dictum magistrum rogerum , domino regi acceptabilem , imò & nepotem , procurante insuper comite richardo , ipsius rogeri avunculo , conventus elegit memoratus . how the bishops in those dayes for mony , procurred dispensations from rome , to hold their former ecclesiastical rents , dignities and livings , in commenda with their bishopricks , will appear by these . presidents this year , thus recorded by mat. paris . cum autem rediisset à curia romana electus sarisburiensis , magister videlicet aegidius de bridelesforde , manifestavit palàm , quòd roma strenuè impetraverat ; ut scilicet liceret ei pristinos redditus retinere , et etiam decanatum , quorum flagrantiam olfecerat : quod nuper novum habebatur , sed jam toties , non sine retributione permissum , nulli stuporem generavit . and repeating it two pages after he adds , quod est unum de novitatibus romae monstruosis , quos roma pariendo abortivit . et circa festum beati petri , qui dicitur ad vincula , confirmatus est in episcopum norwicensem , magister simon de wanton , qui illico cùm monachi norwicenses ipsum elegissent , misit nuntios expeditissimos ad curiam ( romanam ) ubi profufis non paucis muneribus , impetravit dispensationem pristinos redditus suos per quatuor annos retinendi , licet episcopatus suus sufficienter omnibus bonis instauraretur . et hoc genus beneficii in curia romana jam jam consuetudinem est sortita . yea ever since that in england and ireland , not only among popish but some avaritious protestant bishops , who mind more their private filthy lucre , then their own or peoples souls . eodem tempore quidam novus ordo fratrum londini apparuit , & incognitus , papale tamen autenticum palam ostendens , ità ut tot ordinum confusio videretur , qui , quia saccisincedebant induti , fratces saccati vocabantur . most likely this avaritious , symoniacal pope alexander , ( who was rather judas his successor , who carried the bagg● , then peters ) instituted this new order , to help fill his bagge and sachel by these fratres saccati , imployed to promote his rapines , and revenues as the freers , minorites and predicants were . pope alexander and his cardinals at rome , minding nothing but the advancement of their own power and filthy lucre , though with the intolerable vexation and undoing of all others , by their absolute usurped tyrannical authority , published this new statute at rome instead of preaching the gospel of jesus christ , and feeding his sheep . eodemque anno statutum esse romae a domino papa et fratribus cardinalibus , qui vigilanter sua temporalia procurant commoda et emolumenta , aliena non curantes , ut quilibet , qui in abbatem exemptum ex tunc eligeretur , romanam curiam adiret confirmandus et benedicendus . per quod enorme statutum religio patuit discrimini , et ecclesia prosperitate temporali constat destituta . non enim religiosis necesse est , maturam et religiosam personam eligere , sed aliquem semisaecularem virum , cui plus equus quam aequitas , plus lex justiniani , quam lex domini , convertens animas , placuerit , in animarum suarum pastorem . praeterea esto quod talis eligatur , alius enim reprobabitur per regem et suos satellites , mora protracta in ejusdem transalpinatione diuturna , forte cassabitur electus , vel electio reprobabitur , vel forte electus obiter morietur . conventus languebit , et rex , in cujus manu omnia confiscabuntur , pro voluntate diripiet et absorbebit . what imperious and frequent provisions this pope then granted to st. alban●s , and other monasteris to strip them of their rights of patronage , notwithstanding all their priviledges ratified by royal charters and former popes bulls , will appear , as by the premises , so by this new president this year . in fine vero martii misit papa abbati s. albani mandatum imperiosum , ut cuidam romano provideret competens beneficium , cum tamen cuidam alii romano non fecisset satis , qui tam urgentes , imo instantiores literas provisorias paucis ante diebus bajulasset . et sic jam conglobatim miseriae in anglia miseriis cumulantur , adeo ut desiderarent praelati ab hujus incolatu saeculi liberari . iam enim non sarae liberae , sed agar ancillae filii spurii reputati , libertate , qua nos christus liberavit spoliantur . how injuriously and tyrannically the pope proceeded this year against the archbishop of york , for opposing the fraudulent in●rusion of a porrayner into the deanary by the popes provision , is thus recorded . romanus ille qui se in decanatum eboracen . vulpino more ingessit , et in hora prandii stallum in choro decani furtim occupavit , armatus favore et protectione papali , archiepiscopum variis injuriis et damnis fatigatum , fecit suspendi , licet insontem , et virum omni praeditum sanctitate . tandem post multas disceptationes , probono pacis recepit dictus romanus centum marcas annuas ab ecclesia eboracensi , donec eidem uberius provideatur . tempore sub eodem , aggravavit manum suam dominus papa in archiepiscopum eboracensem , jussitque eum ignominiose nimis in tota anglia excommunicari , accensis candelis , et pulsatis campanis , ut tali terrore ac tanto suam constantiam enervaret . ipse tamen archiepiscopus exemplo b. thomae martyris , & exemplo ac doctrina b. aedmundi , quondam magistri sui , informatus , necnon & b. roberti episcopi lincolniensis , fidelicate eruditus , de solatio coelitus mittendo minimè desperavit , omnem papalem tyrannidem patienter sustinendo . nec opimos ecclesiae suae redditus transalpinis indignis et incognitis conferre volebat , nec curavit voluntati papali , relicto iuris rigore , muliehriter obedire vel inclinari . quapropter quanto magis praecipiente papa maledicebatur , tanto plus a populo benedicebatur , tacite tamen , propter metum romanorum . yet these unjust vexations so greived the archbishop , that he died the next year , out of grief and vexation , inveighing much against the popes oppressions at his death , and appealing him to the tribunal of jesus christ , in an epistle sent unto him , which this atheistical pope derided , proceeding still in his augmented rage against this consciencious prelate , as his predecessor did against grosthead ; as these passages informe us . et circa ascensionem , archiepiscopus eboracensis , ut cum domino ascenderet , et de carcere mundi ad coelum ascendens , avolaret ; dum constanter contra romanae curiae tyranidem , quoad poterat , pro ecclesia sua viriliter dimicavit , multis tribulationibus lacessitus , pro ista vita mundana , regnum coelorum , ut veraciter creditur , suis laureatus meritis commutavit . iste verò archiepiscopus sewallus , beati edmundi sequens vestigia pedetentim ( utpote ipsius in scholis auditor , discipulus , & conscholaris ) ipsi nitebatur prorsus foeliciter assimulari , & in moribus conformari . nec censeo praetereundum , quòd huic suo charissimo beatus edmundus lector , in theologia oxoniali , dicere consuevit diseipulo speciali , o sewale , sewale , martyr ab hoc seculo transmigrabis , ferro vel saltem gravibus & insuperabilibus in mundo tribulationibus impetitus & trucidatus . veruntamen sit tibi consolator , qui suo psal mographo inspiravit , dicens ; multae tribulationes justorum , de quibus quandoque omnibus liberabit eos dominus . constat autem profectò , multos à seculo martyrer , sine sanguinis effusione , ut beatum johannem evangelistam , & multos alios transmigrasse . hic quoque sanctus archiepiscopus , cùm mortem suam indubitanter , ut transiret ab hoc mundo praesensisset , erigens se junctis manibus , & in coelum vultum intendens lachrymantem , ait domine jesu christe , judicum justissime , novit infas●●●ile examen tuum quam papa , quem supra ecclesiam tuam constitui permisisti gubernandum , meam multipliciter fatigavit innocentiam , pro eo , ut deus scit , et mundus non ignorat , quod indignos prorsus et ignotos no●ui admittere ad regimen ecclesiarum , mihi , licet indigno , a te commissarum . veruntamen , ne ex contempta papali sententia , quamvis injusta , fiat justa , humiliter postulo absolvi talibus vinculis irretitus . sed ante summum et incorruptibilem judicem ipsum papam appello , et erunt mihi testes eoelum et terra , quam injuste impetivit me , et lacessitum multipliciter scandalizavit . in amaritudine igitur animae scripsit papae ; exemplo roberti lincolniensis episcopi provocatus , dolens inconsolabiliter , quod tam multiformiter ipsum fatigarat ; eo quod inexpertos , et linguae anglicanae ignaros renuit , ut jam dictum , est acceptare , nunc suspendendo , nunc ab ecclesia eliminando , nunc crucem auferendo , nunc palam per regnum horribiliter , invitis excommunicatoribus excommunicando , diversimode famam suam , non sine magnis damnis temporalibus , denigrando . conquestus est insuper graviter , quod impetus quorundam clericorum , authoritate papali protervientium , praecipue magistri jordani , ad decanatum hiantis , aegre sustinuerat sed patienter , ut probra patris , non ut cham , revelando derideret , sed ut sem absconderet et velaret , hoc breviloquium , ad memoriam saepius revocando : es c ham pandendo patris , es sem probra tegendo . humiliter igitur in scripto suo & instanter , sicut memoratus episcopus lincolniensis robertus fecerat , petiit , ut consuetas tyrannides temperaret , humilitatem sanctorum praedecessorum suorum sequendo . dirit enim dominus petro : pasce oves meas , non tonde , non excoria , non eviscera , vel devorando consume . sed dominus papa subsannans , et contemnens , indignationem concepit non minimam , eo quod in tantam temeritatem et praesumptionem proruperunt , ut dominum papam auderent quomodolibet sollicitare , et tam archiepiscopi sewalli , quam dicti roberti lincolniensis salubribus monitis renuit inclinare . these . learned conscientious bishops sewald and grosthead , reputed it no sin , but their bounden duty to oppose popes unjust commands and provisions , even to death , to admonish them of their duties , reprehend their injustice , sins , corruptions , and appeal from their unjust sentences to , and summon them before christs tribunal in heaven , when they could obtain no justice from , or against their unjust excommunications and other sentences upon earth . this year , diebus sub eisdem magister rustandus domini papae clericus specialis , accusatus graviter coram domino papa est , eo quod propriae utilitati intendens plus aequo , possessiones , redditus , et pecuniam sibi vigilanter in anglia coacervavit , et regem sibi inclinando et episcopos , factus esset jam non ultimus inter omnes regni optimatum , locuples et abundans . yet notwithstanding soon after , anno. . venit in angliam magister rustandus , domini papae clericus , nesciebatur ad quid , nisi forte ut redditus suos visitaret et colligeret : abundavit enim multis divitiis in anglia sibi brevi tempore collatis et conquisitis . , vnde cum romam ultimo denerat , multorum indignationem incurrit vehementem , et etiam ipsius domini papae . ( who purposed ro share with him in his gaines and rapines . ) sed solito medicamine tali infirmitati suffragando , jacturum evasit eminentem . the pope and his agents making a common prey and booty then of england . what procurations the archbishop of messana arrived in england this year , as the popes legate , exacted , extorted from bishops and abbots , with great violence , impudence , pride , and what injuries the archbishop of canterbury did to the bishop of rochester , still continued notwithstanding all former complaints and writs , you may understand by this relation of them . anno quoque sub eodem imminente quadragesima , missus est a domino papa , nesciebatur ad quod , archiepiscopus messanensis , in magno apparatu familiae & equorum , videlicet fratrum de ordine praedicatorum . et cum habuisset literas papales de procuratione exigenda et recipienda , cum magna poena contradictores puniendi , misit literas imperiosas ad quemblibet praelatum , ut ei secundum quod eisdem significavit in procuraciis , providerent , ita quod ex domo sancti albani et ejus cella viginti et unam marcam extorsit . et cùm venissent monachi sancti albani , ut ipsum in hospitio suo civiliter visitarent , non permissit eos exire , imo ipsos quasi incarceratos retinuit , donec suae avaritiae satisfecissent . et cum modestè respondissent monachi , se nullum ibi habere denarium , iratus archiepiscopus respondit procaciter : vt quid tam mendici estis ? mittite igitur pro aliquo mercatore , qui vobis commodare velit : et factum est ita , quia sic oportuit . non enim permittebantur exire monachi , quamvis essent de conventu praeelecti , videlicet archidiaconus sancti alboni , & dominus johannes , abbatis bajulus & procurator . iste fuit archiepiscopus messanensis , frater de ordine praedicatorum , in quo humilitatem sperebamus uberiorem , quia a domino papa de procurationibus extorquendis talem literam meruit obtinere . frater johannes , miseratione divina archiepiscopus messanensis , dilectis in christo sibi abbati & conventui monasterii sancti albani , lincolniensis dioecesis , salutem in domino . noveritis vos , &c. require in libro additamentorum . missa est domino regi eodem tempore elegans epistola , ex parte domini papae , ut videlicet errores corrigeret consuetos . et hoc procuravit episcopus roffensis laurentius , multas passus injurias ab archiepiscopo cantuariensi bonifacio , qui manu saeculari armata roffensis ecclesiae violenter invasit possessiones , quas potiùs defendere & tueri tenebatur . cui archiepiscopo , quia extitit avunculus reginae , rex & ▪ regina , & regales universi cornua praestiterunt . movebat insuper dictum episcopum roffensem , archiepiscopatus eboracensis exterminium irrestaurabile , & elyensis episcopatus , & aliarum ecclesiarum vacantium per regem facta inaudita gravamina , christi postpositi reverentia , et contemptis clavibus ecclesiasticis . et videbat idem episcopus episcopatui suo , ipso cedente , vel decedente simile discrimen imminere . tenor autem dictae literae , ab episcopo memorato impetratae , cujus responsionem episcopus romae commorans expectabat , talis est . alexander episcopus , &c. charissimo in christo filio illuscri regi angliae , salutem & apostolicam benedictionem . cum de tuis charissime actibus digna & honori congrua referuntur , rumor hic clarus accedit nobis admodum placidus , auditum demulcens aurium & cordis interiora delectans , quod si qua forte prava et modestiae regali contraria , sinistra de te relatio vel fama turbulenta portaret , obstupescerent utique sensus nostri , et anima intra gravius sauciaretur amaritudine , ob sincerae vinculum charitaris . sanè intellecto quod venerabilis frater noster roffensis episcopus , ex parte universitatis praelatorum & cleri anglicani regni , qui per potentiam regiam se suasque ecclesias in suis juribus et libertatibus deprimi asserunt , ad apostolicam sedem accedens , super reformatione status dictarum ecclesiarum , & ecclesiasticae libertatis , pro quibus alias tam felicis recordationis innocentius papa praedecessor noster , quam nos etiam per nonnullos praefatae universitatis nuncios fuimus saepe & saepius requisiti , habebat aliquid coram nobis & fratribus nostris proponere , juxta quod sibi fuerit à praedicta universitate commissum , per quae forsitan fuisset famae tuae maximè apud regni siciliae incolas , qui sperant per te ad antiquas libertates eorum reduci , & sub tuo vigere in bono statu , & conservari dominio plurimum derogatum . nos capientes quod honor & fama tua in omni integritate serventur , quodque omnia penitus removerentur quae possent animae tuae periculum generare , ad instantiam venerabilis fratris nostri archiepiscopi tharensis & dilectorum filiorum electi sarisberiensis , ac abbatis westmonasterii londoniarum nunciorum tuorum , nec non magistri rustandi capellani nostri honoris tui fervidi zelatoris , ordinavimus quod prosecutio hujusmodi negotiorum ecclesiae anglicanae , pro quibus praefatus episcopus venerat , differetur ad tempus : insinuando eidem episcopo , quod te ad omnia quae liberum pacificum & tranquillum statum praedictarum ecclesiarum respiciunt authore domino sic efficaciter inducemus , quod non oportebit eum , vel coepiscopos suos , & alios praelatos tam seculares quam regulares regni tui propter hoc amplius laborare . ideoque serenitatem regiam de fratrum nostrorum consilio rogamus , monemus et hortamur attente ; et sincera qua te in domino charitate complectimur suadentes , in remissionem peccaminum nihilominus injungendo , quatenus praemissa omnia infra tui claustra pectoris sollicita meditatione revolvens , considerans etiam , quod nunquam remittantur peccata , nisi oblata restituantur ▪ quodque nil cuiquam deperit si restituat aliena , quorum misera detentio vergit in salutis propriae detrimentum . considerans quod tuo specialiter ad hoc accedenti consensu ab universis archiepiscopis et episcopis dicti regni excommunicationis sententia in omnes illos prolata ; et per sedem apostolicam confirmata esse dicitur , qui ecclesias et ecclesiasticas libertates ac jura et consuetudines liberas earundem , et maxime illas quae in chartis tuis libertatum communium continentur , quacunque arte praesumpserint infringere , violare , diminuere , seu mutare . pensans etiam insuper , quod coronationis tuae tempore ad conservandum et confodendum jura et libertates hujusmodi , te juramento praestito diceris astri●xisse , omnesque libertates , immunitates , ac liberas consuetudines , cunctaque jura ac privilegia quae praedicti episcopi , aliique praelati , caeteraeque personae ecclesiasticae ; necnon & ecclesiae dicti regni habuisse noscuntur , eis infra festum resurrectionis dominicae primò ventum , ob reverentiam jesu christi qui te fecit oleo sacri chrismatis christum suum , ac crucis honorem cujus es charactere insignitus , pro animae quoque tuae salute , regia liberalitate restituas , ita quod praedictis archiepiscopis & episcopis , praelatis religiosis , & personis , materia nulla remaneat conquerendi . veruntamen quia praedictus episcopus prosecutionem dictorum negotiorum , pro quibus ad praesentiam nostram venerit supersedere curavit , juxta vestrum beneplacitum & mandatum apostolicum , praedictam sedem tuam responsionem super praedictis omnibus expectando , magnitudinem tuam requirimus , ut tuam in hac parte intentionem , & quid super iis proponas facere , per tuas literas nobis non differas intimare . et quia nostra interest , ecclesias & personas ecclesiasticas , & earum juribus & libertatibus secundùm deum & justitiam defensare , scire te volumus , quod nisi infra hujusmodi terminum praedictum , archiepiscopi , episcopi , & praelati , ac personae ecclesiasticae , ad omnia eorum jura fuerint plenariè restituti , ex tunc nequaquam dissimulare poterimus ( quantumque personam tuam sincero diligamus affectu ) quin praedicto episcopo audientiam prae●eamus ▪ data a●agna●i● , sexto idus novembris . pontificatus nostri anno secundo . this letter was procured from the pope at the suite of the bishop of rochester , of whom matthew paris renders us this account . interim episcopus roffensis , qui intolerabiles ab archiepiscopo oantuariensi injurias sustinuerat , querimonias lachrymabiles coram tota curia romana reposuit , e● reposit as continuavit . cumque causa sua condignam expostulasset condemnationem , culpa enim gravis extitit , post multas admonitiones tamen ad regem factas , qui dicto archiepiscopo cornua praestitit , & audaciam delinquendi , meruit idem archiepiscopus citari , ut persoualiter compareret coram papa , de sibi objiciendis responsurus , et de illatis injuriis et damnis satisfacturus , qui res & pacificas possessiones suas ecclesia●●c●s inju●●è invaserat . matthew paris gives us this character and conclusion of this year , ▪ transit igitur annus ille sterilis & macilentus , &c. carenti a insuper numismatis quo regnum angliae per papam et regem spoliat paupertatem suscitavit inauditam . iacuerunt terrae incultae , et mortua est prae inedia populi multitudo numerosa . anno gratiae , mcclviij . quidam , magister arlotus vocabulo , à papa alexandro missus , post pascha venit in angliam , ad eam excoriandam , a rege ( ut putabatur ) invitatus . magnates igitur terrae videntes tegnum undique desolatum , tnm ex exactionibus et tallagiis , tam curiae romanae quam regis , quam etiam alienigenarum , & praecipuè pictaviensium elatione praesumptuosa , favore regio in regno nimium in sublimi provecta , tantas in anglia dominationes sibi usurpantium & magisteria , post pentecosten apud oxon. colloquium celebraverunt super hiis , necnon & status regni melioratione efficaciter & exquisitè tractaturi . quò non sine armis & equis electissimis muniti venerunt , ut si rex & alienigenae suis provisionibus & statutis spontè contemnerent assentire , rigore opposito cogerentur , aut ipsi alienigenae universaliter sine mora regnum angliae penitus evacuarent . quas quidem provisiones oxon. & statuta , necnon & magnam chartam de libertatibus & de foresta tandem domino rege ad suorum procerum observantiam statutorum inclinato , per quendam de suis militibus tactis sacrosanctes juramentum praestante , . prudentium virorum nationis anglicanae , quos ad regni gubernationem sub eodem duxerint inter se eligendos , consilio se commendavit & considerationi . his igitur peractis fideliratem reg & regno , & ad considerationem suorum parium stare omnes , quotquot in regno commorari vellent , fecerunt jurare . fuerunt ergo nonnulli , qui ad id tempus pro fraterna cognitione regis confluxerant . quos ocultabat anglia , adeò ut pro multitudine sua & elatione onerosi anglis videntur . aeth●lmarus videlicet electus winton . gulih . de valencia , galfridus , & guido de l●zen . fratres regis ex parte matris , cum quibusdam aliis , renitentes condescendere juratorum provisionibus , aut jurare . unde ab oxonia discedentes indignanter secesserunt in partes winton . quos autem proceres regni , in iram vehementer conpulsi , cum equis & armis viriliter sunt insecuti . venientes demum dominus rex & magnates unanimiter winton . ●illic a●ud tenuerunt parliamentum , quod timentes praefati pictavienses , judicium expectare nolentes , per clandestinae fugae praesidium , una cum quibusdam eorum compatriotis , confestim à regno recedentes , provinciam expetierunt . matthew paris renders us this larger account of the popes and kings exactions and the barons proceeding against them and the poictovines . et circa medium quadragesimae , rediit magister rustandus à curia romana pristina privatus potestate . accusatus enim graviter coram papa ab aemulis suis exstiterat , quod avidius quam deceret , dei postposito timore , pecuniam sitiens , quam plures redditus opimos amplexando se super se extulerat . et ue in his obtinendis regis gratiam majorem obtineret , asseruit senatum fuisse burdegali , unde promisit se , tanquam regis fidelem & naturalem , efficaciter de acquirendo regni apuliae dominatu , & aliis negotiis domini sui regis expediendis , tam in curia romana , quam alibi , adjutorem fore vigilem et efficacem . talibus igitur promissionibus et blandis sermocinationibus regis simplicitatem circumveniens , multis redditibus scilicet ditatus , procurantibus aliquibus adversariis , vocatus est ut romam rediret : ubi graviter a papa redargutus , vix est in pristiuam gratiam papalem restitutus . veruntamen a dignitate , et potestate priori privatus , et cum dedecore mutilatus . et cito post videlicet septimana proxima antè pascha venit in angliam magister herlotus domini papae notar. & clericus specialis , qui quamvis legatus non diceretur , non tamen legaticaruit nobilitate . venit enim londinum cum viginti equitaturis , cujus familia collateralis octo capis , videlicet quinque clausis , & quinque manicatis de optimo moreto superbivit redimita . rex igitur secundum suam consuetudinem , applaudeba alacriter venient , maximam enim roboratus habuit potestatem . et post diem martis , quae vulgariter hockedaie appellatur , sactum est parliamentum londini . rex ramque , multis & ordinis negotus sollicitabatur , scilicet de negotio regni apuliae : pro quo specialiter fuit , tanquam solennis nuncius , magister herlotus , exigens responsum certum super pecuniam infinitam , de qua persolvenda se obligavit papa mercatoribus pro ipso rege , ad instantem ipsius regis , sub magnis p●●nis , quas recitare reor inhanestum , irretiti , petitionem . quantitas autem pecuniae ad tantam ascendit summam , ut stuporem simul et horrorem in auribus generaret audientium . doluit igitur nobilitas regni . se unius hominis ita confundi supina simplicitate , &c. unde episcopus willielmus graviter reg● est conquestus . cui rex : expone , expone igitur , frater charissime , thesaurum , quo abundas , ad nosirarum ultionem injuriarum . sed willielmus , minas minis accumulans , & probra contumeliis adjungens , asseruit haec omnia à consensu & favore proditorum anglorum subdolè processisse . et post paululum , quod in genere confusè dixerat , in multorum nobilium dedecus , specificavit . unde comes gloverniae , & comes legrecestriae , non mediocriter verecundati , erubuerunt . et adhuc convitia in comitem legrecestriae magis multiplicans , ipsum fuisse veterem proditorem , & mentitum fuisse , ausus est palam coram rege & multis magnatibus contumeliosè protestari . at comes ira accensus , ac stomachatus , respondit : non , non , willielme , non sum filius proditoris , sive proditor : dissimiles fuere nostri genitores . et volens tantam injuriam illicò vendicare , & in ipsum willielmum ultor manifestus irruere vix est per ipsum regem , qui se interposuit , impeditus : & sic ad tempus quievit comitis indignatio . tempore sub codem , venit in angliam quidam srater de ordine minorum , nomine mansuetus , a papa , rege procurante , missus , sequens magistri herloti vestigia , maxima roboratus potestate : in tantum ut votis mutatis absolveret , ut dicebant , regales quoscunque pro libitu , vel excommunicatos , et falsidicos , et perjuros justificaret ; unde multi rei audaciam sumpserunt delinquendi . nam facilitas veniae peccandi parit occasionem , sed prudentibus sibilum et derisum , sicut sequens sermo plenius declarabit . eodemque tempore , cum instanter & constanter respondissent magnates regni communiter regi , qui cum magna instantia in memorato parliamento urgenter pecuniam infinitam sibi dari postulasset , pro negatio apuliae expediendo , et aliis arduis promovendis : quod nullo modo potuerunt fine eorum irrestaurabili subversione toties iuaniter substantiolas suas usque ad exinanitionem effundere . et si inconsulto et indecenter regnum ap●liae ad opus edmundi filii sui a papa comparasset , suae imputet simplicitati , et quod incircumspecte et absque suorum consilio nobilium praesumpsit , tanquam spretor deliberationis et prudentiae , quae solet rerum exitus praemetiri , pront potest ; ducat ad effectum qualem qualem . debuitque profecte , ex sapientia fratris sui regis alemanniae richardi exemplariter eruditi , qui ex dono papae oblatum regnum apuliae , nunciante hoc magistro alberto , respuit memoratum : maxime cum tot incognita regna , cum linguis variis , tot principatus , tot civitates , bellatoribus et armis communitae , mare et montes , et lab●riosa locorum distantia , angliam dividunt ab apulia . et quod plus formidat , et merito , romanae curiae cavillationes , et apulorum proditiones multiformes , qui et affines et cognatos venenata suffocant potione . veruntamen ne domino papae , qui ratione officii sui supereminet principibus et praelatis universis , et ipsum comitem ad tantam eminentiam praeelegit amicabiliter , protervire videretur , rescripsit significans , quod consilio suo libens inclinaret , si crucesignatos omnes sibi concederet in adjutorium , quod honestè fieri posset propter civitatem nucherae , quae apuliae infidelibus inhabitatur , & dimidium expensarum in illo bello exponendarum , & quasdam civitates & castra , quae dominus papa tunc temporis habuit , cum bonis obsidibus : ut ibidem tutum , cum illuc veniret , habere valeret receptaculum , & praemunitum contra rebelles , si qui insurgerent , tutamen & refugium ; praeterea scriptorum bonorum patrocinia , bulla papali consignata . cum autem haec omnia dominus papa intellexisset , his postulationibus nullatenus voluit assentire . missis igitur nunciis tacitis et arcanis , qui vulpinis sermocinationibus benevolos animos audientium alienare possent , circumvenit supinam et credulam regis simplicitatem ; offerendo ei ad opus filii sui junioris , scilicet edmundi , regnum apuliae , ad hoc effect . mancipandum , consilium et auxilium efficacissimum impendendo . vnde cor regis pro ista umbratili promissione adeo est elevatum et infatuatum , ut quicquid habuit vel habere potuit , papae et suis nunciis prodigaliter dispersit , confidenter promittens ampliora . vnde certatim advenerunt in angliam nuntii papales ultramontani , sterlingorum speciem olfacientes , ad regem , ut opima munera reportarent . vtpote episcopus bononiensis , qui ex parte papae annulo quodam dictum edmundum de regno apuliae investivit . messanensis quoque archiepiscopus , qui non vacuus recedebat , nunc frater johannes de diva , nunc magister bernardus , nunc magister senisius , nunc rustandus , nunc herlotus , et multi alii , quos longum esset enumerare , quosque omnes et singulos , dominus rex cum summa reverentia suscepit et honore , in damnum tamen totius regni sui , et subversionem . magnates igitur angliae , quia praelati meticulosi siluerunt , merito provocati , regis , si quomolibet possent , vias dirigere conabantur . diebus quoque sub eisdem , cum constanter et praecise respondissent quasi uno ore magnates regni in parliamento regi , cum urgenter auxilium ab eis postulasset pecuniare , quod nec voluerunt , nec potuerunt amplius sustinere tales extorsiones . rex iratus , ad alia se convertit astutiae argumenta , ut ab ecclesia pecuniam abraderet infinitam . alloquutus est igitur primo abbatem westmonasteriensem , et ab ipso infatuato pollicitis fallacibus , ut sigillum suum et sui conventus apponeret tali chartae : ut videlicet fide juberet pro ipso rege in tanta pecunia , quae ad duo millia marcarum , et quingentas marcas ascenderet , ut sic daretur perniciosum exemplum ab aliis coenobiis tantundem extorquendi . festinavit igitur dominus rex , cum talibus literis ad alia coenobia dictum simonem transmittere , ut idem onus subirent eorum abbates . in quo facto rex suam non mediocriter famam denigravit . patuit enim in ipso facto , quam sitienter desideravit ecclesiam irrestaurabiliter praegravare . ipse igitur simon passeleve , domini regis clericus , consiliarius , subdolus et mendax , cupiens regalia praecepta , licet indecentia explere , sed non expedire , venit waltham festinanter . et ostendens regis literas deprecatorias , ut simile onus sibi susciperent abbas et conventus de waltham , quod abbas westmonasteriensis sibi susceperat benigne bajulandum , videlicet ut fidejuberet per literas suas et conventus , ducentis et quingentis marcis , pro rege . persolvendis . ostenditque abbatis westmonasteriensis literas super hoc et conventus patentes et consignatas . quod cum intuitus esset abbas de waltham , expavit vehementer , sciscitabaturque ab eo , si tales literas haberet ad alia coenobia dirigendas ? cui simon : habeo utique ad sanctum albanum & radingum et alibi . inito igitur consilio cum suo conventu in capitulo , respondit simoni quod nullo modo ( quicquid super hoc fecissent abbas et conventus westmonasteriensis qui de necessitate domino regi favebant , et quos oportuit ipsi , utpote ecclesiae restauratori suae , etiam in difficilibus obedire ) vellet pro rege de tantae pecuniae quantitate fide jubere vel se quomodolibet obligare . nec licet , sicut scriptum est in decretalibus , videlicet tractatu de obligationibus , alicui praelato suam ecclesiam tanto supponere discrimini et periculo . , , cui simon : dominus rex vobis faciet securitatem , qualem vultis literatorie de vestra vobis solvendi indubitanter pecunia . cui abbas , nolumus cum domino rege habere occasionem placitandi vel decertandi : non valemus a pari contendere , nec ipsum , si malorum consilio enervaretur , distringere vel justificare . cui simon : miseremini , miseremini pro deo , domino vestro et patrono speciali . interdicetur enim in proximo , scilicet infra triduum vel quatriduum capella ejus , et postea sequentur duriora , nisi precibus ejus obsecundetis , et ut bene nostis , ipse regum christianissimus et piissimus , non sustineret abesse solemniis , pro infinita auri obrizi quantitate . cum autem nec sic , nec aliis ambagibus et mendaciis , minis minas accumulans profecisset , iratus recessit versus s. albanum , unà cum socio suo regis clerico quodam ; ut & abbatem & conventum suis fraudulentis commentis voluntati regis , per fas nefas quomodolibet inclinaret . abbas autem de waltham , clam & festinanter significavit abbati de s. albano , qualiter per omnia actum est , de subdolis et perversis persuasionibus simonis pesseleve qualiter voluit , ut ad regis urgentem petitionem ; ecclesiam de waltham ad solutionem ducentarum et quingentarum marcarum pro rege obligaret , et pro ipso per scriptum abbatis et conventus fidejuberet . : et ecce dictus simon ( imò veriùs simon ) ante horam capituli venit ad sanctum albanum . qui finxit se venisse ea die de londino , & ferè tota nocte equitasse . unde inclinans caput suum sedili , quo sedit , dormitavit : cùm tamen de waltham venisset immediatè . et festinanter accedens ad abbatem , ingemiscens ait : domine , maxima necessitas coegit in hac nocte dietam , quae est inter londinum me sociumque peragrare . et ostendens literas regias , quae aliam summam , quàm ipse ore expressit , continebant , & similiter literas abbatis & conventus westmonasteriensis ; quòd videlicet petitioni regis prompto favore consenserant in propatulo monstravit ; ut sic & abbatem & conventum sancti albani , regiae flecteret voluntati exemplariter . promisit etiam ex parte regis , quòd chartam qualem vellemus , in promptu haberent de solutione pecuniae , quam petiit ad horam sub obligatione literatoria praestari , quae ad ducentas & quingentas marcas ascendit . et si contradiceret abbas , regiam in perpetuum incurreret indignationem ; quia imminebat suspensio capellae , quod nullo modo sustineret . obstupuit igitur abbas et conventus , imo quilibet auditor de tanta regis tyrannide et astutia : maxime cum scriptum super hoc abbatis et conventus instantissime simile scripto ab abbate et conventu westmonasteriensi rex obtinuerat . inito igitur in capitulo cónsilio , responsum est praecise , quod nullo modo regis petitionem poterat adimplere : quia contra prohibitionem papae . et jus et honestatem hoc fieret manifeste . ostensa sunt ei instrumenta , et quoddam speciale abbati g●rin● , quoddam abbati de sancto albano , et successoribus ejus , directa ; in quo continetur , quod nullo modo ecclesiam suam sub poena suspensionis et interdicti ac excommunicationis obligarent . maluerunt igitur abbas et conventus s. albani indignationem regis terreni injusta postulantis incurrere ; quam regis coelestis offensam transgrediendo papalem prohibitionem subire , et vinculis anathematis innodari . quod cum audisset simon , alacriter respondit , favorabilem & serenum vultum omnibus ostendendo ; amici charissimi , ne super hoc aliquatenus , sollicitemini . habet enim dominus rex noster quendem fratrem sanctis simum , hominem mansuetum , de ordine minorum a papa ad cautelam destinatum , qui * omnes juramentorum trangressores in hac regis urgentissima necessitate , qui eidem suffragabuntur plenam habet potestatem et promptissimam voluntatem , absolvendi . si autem in hoc casu domino regi non obsecundaveritis , illico londinum ad episcopum revertens eidem nunciabo , quod et ipsius regis reverentiam et patrocinium , et dicti fratris beneficium contemnitis et potestatem . responsumque est simoni : non sanum videtur , velle excommunicari , & absolvi . sicut non deberemus consentire alicui incantatori dicenti , frange crus vel aliud membrum tuum increpidus , inveniam tibi optimum chirurgum , qui confractum solidabit . praeterea si hoc faceremus , multipliciter peccaremus . primò , scienter mentiremur . item signa nostra , quae sunt pignora testimonialia fidei nostrae si apponerentur , clamarent contra nos , quod iniquè egimus : hoc nullo modo faciemus . ad hoc simon : quid sibi vult istud ? recedamne vacuus ? credet dominus meus quod aliqua convitia suscitaverim inter ipsum & vos , & sic in meum caput cum infons fuerim , omnis culpa redundabit ; ut quid patitur dominus rex talem repulsam ? nihil habetis nisi quod dominus rex vel ejus progenitores reges vobis contulerunt , unde tenemini in jure ipsi in tam districto casu ; cùm omnia sint principis , suffragari . ad haec responderunt abbas & conventus , omnia vere sunt principis tuitione , non destructione . hoc est quod juravit rex in sua coronatione , et postea multoties , et ideo his tuis cavillatoriis suggestionibus nullatenus consentimus . haec cum audisset simon , ad aliud genus deceptionis se convertens , ait : si non aliud pro rege facere volueritis , saltem hoc faciatis ▪ conficite literas super postulatione regia favorabiles , secundùm postulationem suam & desiderium , & confectas consignetis , & sigillitas in thesaurario vestro poenes vos reservetis , ut si emollitis quandoque cordibus vestris & humiliatis , cùm se tempus offeret oportunum , illas promptas rex vel ejus nuntius valeat invenire & habere . et hoc faciatis , ne penitus contemptus & protervitas vestra videatur . sed & ad hoc abbas & conventus responderunt : non simon , non , quia sic diceres , & dicere posses , quód consensimus , & literas de consensu confecimus , sicut est modò de literis abbatis , quas ostendis , westmonasteriensis . et sic fieremus aliis , quos aggredi & flectere cupis , in exemplum perniciosum , quod nullatenus faciemus . et sic confusus recessit tentator suo infecto desiderio . haec idcirco plenè scripserim , ut sciat hujus lector paginae quàm graves sunt hostes domestici , et quantum regno et ecclesiae iste simon degener anglicus cupiebat novercari . abbas igitur & conventus memoratus domino regi moderatè & amicabiliter scribentes , & sese justè excusantes , imminentia pericula evaserunt . simon autem , qui se cum juramento affirmavit regem londini illicò aditurum , non erubescens mendacii iterum redargui , versis loris radingum raptim adiit , ut abbatem & conventum de radingo consuetis fallaciis muscipularet . sed ipsi edocti et praemuniti , viriliter ei in faciem restiterunt . et sic iniquitas , quae mentita est sibi , effectu carvit praeoptato . summam autem totius pecuniae ideo praescribens perstinxi totaliter , quia hoc continebatur in regis petitione scripta , ut quaelibet istarum quatuor domorum , scilicet westmonasterium , sancti albani , radingum , & waltham . fidejuberet pro altera , in solidum . ita quod quaelibet domus , ut pro se & qualibet trium responderet in quingentis marcis , id est , duabus millibus , & quingentis pro usuris : voluitque dominus rex habere hanc pecuniam sub omni festinatione ▪ ita scilicet ut oporteret ipsam mutuare a mercatoribus caursinis . during this parliament the friers minorites , the chief promoters of the popes & kings croysado & exactions , encouraged by their favou ▪ sub eorundem temporum voluminibus , fratres minores auctoritate papali sese ingesserunt , & intruserunt in civitatem sancti edmundi regis & martyris ; invitis & contradicentibus ejusdem loci abbate & conventu . et introducti sunt , & instituti violenter per laicorum manum , videlicet comitis gloverniae , quem constat esse dictorum abbatis & conventus adversarium , & gil●berti de praestona . paucis autem praecedentibus diebus , venerat abbas à curia , qui sibi praecavens in futurum contra impetum dictorum fratrum , scripto papali praemunierat , sed illicò postea impetrarunt fratres in contrarium , per harc adjectionem , non obstante . unde hoc audientes universi , non poterant satis admirari , quòd tam sancti viri , qui spontaneam paupertatem elegerunt , contempta dei oblocutione , et privilegiorum ac conservatorum tuitione , violenter illius nobilis ecclesiae statum perturbarunt ; quam certum est esse magnae dignitatis et antiquitatis . nec sic angebat abbatem totus labor transalpinus , vel debita quibus involvebatur inaestimabilia : et ad cumulum angustiarum suarum arctatus , placito comitis gloverniae , sanguoris elegit dilationes . duravit adhuc praelibati parliamenti altercatio , videlicet inter regem & regni magnates usque diem dominicam proximam post ascensionem , & multiplicantur contra regem , variae diatim querimoniae , eo quod promissa sua non observabat , contemnens claves ecclesiae , et chartae suae magnae toties redemptae tenorem . fratres quoque suos uterinos , intolerabiliter contra jus regni & legem , ut naturales terrae erexit , nec sinebat aliquod breve exire de cancellaria contra eos . et si omnium eorundem regis fratrum & aliorum pictavensium protervia fuisset intolerabilis : willielmus tamen de valentia omnium & universorum protervitatem superaba● . unde comes ptaecipuè legrecestriae , non tamen regi , sed universitati praecordialiter est conquestus , exigens instanter sibi justitiam exhiberi . redargutus est insuper rex , quod omnes alienos promovet , & locupletar , & suos , in subversionem totius regni , despicit , & depraedatur . et ipse tam egenus est cum alii abundent , quod thesauri expers jura regni nequit revocare : imo nec wallensium , qui sunt hominum quisquiliae , injurias propuisare . et ut brevibus concludatur , excessus regis tractatus exigit speciales . rex autem ad se reversus , cùm veritatem redargutionis intellexisset , licèt serò , humiliavit se ; asserens in quo consilio saepiùs fuisse fascinatum , promisitque sub magni juramenti obtestatione super altare & feretum s. edwardi , quòd pristinos errores plenè & planè corrigens suis naturalibus benignè obsecundaret . sed crebrae trasgressiones praecedentes se penitus incredibilem reddiderunt . e● quia nesciebant adhuc magnates , quomodo suum protea tenere voluissent , quia arduum fuerat negotium , & difficile , dilatum est parliamentum usque ad festum sancti barnabae apud oxoniam diligenter celebrandum . interim optimates angliae , utpote gloverniae , legrecestriae , & herefordiae , comes marescallus , & alii praeclari viri , sibi praecaventes & providentes , confoederati sunt ; quia pedicas & laqueos alienorum vehementer formidabant , & regis retiacula suspecta nimis habuerant , veniebant cum equitibus & armatis , & comitatu copioso communiti . instante vero festo s. barnabae apostoli , magnates & nobiles terrae ad parliamenta , quod oxoniae tenendum fuit , properabant , praeceperuntque omnibus , qui eisdem servitium militare debuerant , quatenus cum ipsis venirent parati , veluti ad corpora sua contra hostiles insultus defensuri . quod & fecerunt , palliantes talem adventum , eò quòd in walliam contra hostes regis viderentur collatis viribus profecturi . non mediocriter enim timebant , ne discordantibus partibus ab invicem bellum generetur intestinum , & ne rex & ejus fratres pictavenses , alienos convocarent in auxilium contra suos naturales . magnates igitur praemuniti , cautè fecerunt portus maris communiri . parliamento autem incipiente , solidabatur magnatum propositum , & consilium immutabile , exigendo constantissimè , ut dominus rex chartam libertatum angliae , quam johannes rex paten suis anglis confecit , & confectam concessit , quamque idem johannes tenere juravit , fideliter teneat & conservet : quamque idem rex henricus multoties concesserat , & tenere juraverat , ejusque infractores ab omnibus angliae episcopis in praesentia sua & totius baronagii , horribiliter fecit excommunicari , & ipse unus fuerat excommunicantium . exigebant insuper sibi fieri justitiarium , qui justitiam faceret injuriam patientibus , aequanimiter divitibus & pauperibus . quaedam etiam alia regnum contingentia petebant , ad communem regis & regni utilitatem , pacem & honestatem . quorum consiliis & provisionibus necessariis , dominum regem frequenter & constantissimè consulendo rogitabant obtemperare ; jurantes fide mediante , & mutuò dextras exhibentes , quod non omitterent propositum persequi , pro pecuniae vel terrarum amissione , vel etiam pro vita & morte sua vel suorum . quod rex recognoscens , graviter juravit consiliis eorum obsecundare , & edwardus filius ejus eodem est juramento astrictus . recalcitrabant autem johannes comes warenniae , & fratres regis uterini , scilicet dominus willielmus de valentia , cum aliis . jubentur insuper portus angliae districtius custodiri , & portae londinenses de noctibus , melioratis repagulis , diligenter obserari . unde quidam ait : per noctem portae clauduntur londoniarum , moenia ne fortè fraus frangat francigenarum . et cum per aliquot dies moram ibidem protelassent , quid in tam arduo negotio agerent deliberantes , ut videlicet dissipati regni statum resarcirent , in domo fratrum praedieatorum convenerunt . vbi iterum renovato redivivo foedere et juramento , conceptum propositum suum firmaverunt , ut nec promorte , vita , vel tenementis , odio , vel amore , quomodolibet flecterentur , aut enervarentur , quin regnum , in quo sunt nati homines geniales et eorum progenitores , ab ingenerosis et alienigenis emundarent , et leges laudabiles reportarent . et si quis hominum , quicunque sit , recalcitraret , etiam invitus eis cogeretur adjungi . licet autem dominus rex et edwardus filius ejus primogenitus juraverint , veruntamen prout potuit coepit edwardus renuere , simul et johannes comes warenniae . henricus vero filius richardi regis alemanniae fluctuando dicebat , se nullatenus juramentum sine licentia et consilio patris sui praestare . cui responsum est in propatulo , quod etiam si pater suus adquiescere baronagio nollet , nec unum sulcum terrae in anglia obtineret . iuraverant insuper praedicti fratres nimis assertive , sub obtestatione mortis et vulnerum christi , nunquam se castra , vel redditus , vel gardas , quae frater eorum rex gratanter dederat , dum vitales carperent auras , resignaturos , quamvis comes legriae simon sua castra , videlicet kenelwrthe et odiham , regi gratis concessisset , quae etiam paucis antè diebus emendaverat . sed haec ills asserentibus , & ●juramenta irrecitabilia multiplicantibus , respondit comes legriae , dicens willielmo de valentia plus aliis intumanti : certè & idubitanter scias vel castra , quae de rege habes , reddes , vel caput amittes . similiter & alii comites & barones dicebant , itidem constantissima assertione contestantes . formidabant igitur non mediocriter pictavienses quid illis agendum sit ignorantes , quia si sese aliquo castro latitantes recipissent , omni munimine destituti , obsidione vallati , fame deficerent . universitas enim regni popularis , et si non nobiles , ipsos obsiderent , & castra eorum funditus dissiparent . unde subito & clàm , cùm prandium pararetur , fugiunt , & ne putarentur velle fugere , simulabant se ad prandium velle residere . qui fugientes , ac saepe respicientes , fecerunt aliquos de sua familia turres altissimas ascendere , ut specularentur si fortè barones eos à tergo insequerentur , nec equinis parcebant lateribus donec wintoniam , quasi ad alas electi wintoniensis , in cujus sinu tota eorum spes reponebatur , trepidi pervenissent . sperabant insuper in castris ejusdem electi , tutissimum hahere refugium . interim nobiles firmiùs confoedera●● , constituerunt sibi justitiarium , hugonem bigod , fratrem comitis mareschalli , qui officium justitiariae strenuè peragens , nullatenus permittat jus regni vacillare . cumque ad notitiam magnatum praedicta fuga pictaviensium certius pervenisset , timebant ne alienigenas sic mari appropinquantes , ad eorum subsidium advocassent , pictavienses scilicet , ad alios transmarinos . videntes igitur magnates moram trahere periculum , jusserunt districtè toti familiae suae , & omnibus suis imprisiis , ad arma & equos celeriter avolare . et ita terminatur parlamentum apud oxoniam , fine terminato & certo non apposito . in octavis verò translationis s. benedicti , scilicet decimo quinto calendas augusti , valedicturi anglis praedicti fratres regis recesserunt , & quidam alii pictavenses cum eis , videlicet , wil. de sancto hermete , qui consuevit astare regi prandenti cum manutergio , & ejus escam scindere , & multi alii , qui totum regnum oppresserant , & suis bonis , praecipuè in numismate , spoliaverant . quibus primo wintoniae , & postea in domo electi wintoniensis londini , scilicet sewere , reficientibus , multi , ut dicitur , angli nobiles , ibi & alibi dolosè potionabantur , ut posteà verius probaverat exitus . qui cùm ad mare pervenissent , nobiles , qui eos conduxerant , neptuno eos commendabant . cum verò boloniam pervenissent , scripserunt regi francorum , ut pacificum haberent transitum , vel moram facerent in terra sua , secundum antiquam franciae libertatem & consuetudinem , liceretque electo winton . parisiis morari , ac ut scholari , ad tempus ibidem moram continuare . sed rex franciae exasperatus , noluit , quia regina franciae gravem de pictavensibus illis reposuerat querimoniam , quod enormiter scandalaverant & diffamaverant sororem suam reginam angliae : addens , quod propter facinora sua ejecti essent turpiter ab anglia . eodem tempore castellanus de dovera , richardus de gray vir fidelis & strenuus , qui ex parte baronum ibidem constituebatur , omnes transeuntes , & transituros diligenter considerabat , cuncta prudenter perscrutando , & invenit non modicum thesaurum paratum , dictis pictavensibus clanculo deferendum , qui totus captus est , in castro reservandus . similiter londini apud novum templum thesaurus maximus , de cujus quantitate audientes mirabantur , quem reposuerant pictavenses memorati ( licèt contradicentes reniterentur hospitalarii ) captus est , ad arbitrium regis & baronum , in utiles regni usus utiliter exponendus . there being many complaints in the premised parliament against the bishop of winchester , and william de valence , the king at their petition granted them this safe conduct against himself and his barons in going to , staying at and returning from parliament , there to hear and receive justice , summoning both of them to appear by a day , after which he issued two more writs concerning them and the archde●con of winton extant in our records , not mentioned by our historians , which i shall here insert . rex a. winton . electo , fratri suo salutem . cum ex parte vestra nuper fuerimus requisiti ut conductum nostrum vobis daremus , quod salvo & securè venire possitis ad curiam nostram , ad respondendum omnibus de vobis conqueri volentibus , nos pro nobis et baronibus nostris salvum et securum conductum vobis damus et concedimus in veniendo ad curiam nostram , ibidem morando , et inde recedendo , ad justitiam omnibus et singulis faciendam et recipiendam et ad hoc faciendum diem vobis praefigimus , scilicet hanc instantem diem mercurii prox post festum apostolorum petri & pauli apud wintoniam , sine esson . & ulteriori dilatione . in cujus , &c. teste rege apud oxoniam . die junni . consimiles literas habet willielmus de valenc . et ista duo paria literarum missa fuerunt die jovis proxima ante festum apostolorum petri & pauli , per willielm ▪ de hastencoat , & willm . de trobevill praedictis electo & willo . item consimiles literas habet galfrus de lezig . et eodem die missae fuerunt eisdem galfr. & guidoni ista duo paria literarum per imbertum de m●nt-ferrant , & rad. de bakep . consimiles literas habet guido lezig . et eodem die missae fuerunt eisdem galfr. & guidoni ista duo paria literarum per imbertum de m●nt-ferrant , & rad. de bakep . item sciendum quod praescripta quatuor paria literarum duplicata fuerunt . the king likewise issued these writs to the abbot and covent of wautham , st. albans and merton , upon their allegeance to him , and under the pain of his displeasure , and seisure of their lands tenements , persons , not to suffer any monyes in their custody belonging to the bishop of winchester elect , or william de valencia his brothers , to be carryed thence , or transported out of the realm to his prejudice . rex abbati & conventui de wautham , salutem . quia nolumus quod denarii venerabilis parris a. winton . electi , et w●●lelmi de valencia fratrum nostrorum deferantur extra regnum nostrum , ad nostrum vel ejusdem regni dispendium vel gravamen , vobis sub debito fidelitatis et amicitiarum quibus nobis tenemini , mandamus districte inhibentes , ne sicut vos ipsos , et terras , et tenementa quae tenetis in regno nostro diligitis , permittatis aliquam pecuntam praedictorum fratrum nostrorum quae est in deposito in domo vestra extrahi , vel a loco illo per praedictos fratres nostros vel alios sine mandato nostro speciali . scituri quod in proximo missuri sumus aliquem ad vos ex parte nostra pro negotio praedicto . et ita vos in hac parte habeatis , quod pro defectu vestri ad vos terras et tenementa vestra graviter capere non cogamur . teste rege apud wintoniam . . die julii . eodem modo mandatum est abbati & conventui sancti albani & priori & conventui de merton . after which the king & his counsil resolving to banish the poictovin clergymen out of the nation , and not to imprison them in england , issued this writ to the constables of the castles of winton and dover , of the banishment and transportation of the archdeacon of winton out of the realm , and to see he carryed away no monyes with him . quià non est voluntas regis aut consilii sui arrestare , aut carcere detinere aliquem clericum , mandatum est constabulario castri regis winton . quod sine dilatione accedat ad archidiaconum winton . & dicat ei ex parte regis & consilii sui , quod sine mora exeat regnum angliae per portum dovor ▪ cum competenti fomilia , et cum rationabilibus expensis s●is , et hoc nullatenus omittat , quia rex et consilium suum nolunt quod ipse ad praesens in anglia moretur aliquomodo , nec quod redeat sine licentia regis speciali . et has literas continentes voluntatem regis et consilii sui praedictus constabularius eidem archid. ostendat . teste rege apud westm . . die octobris . per consilium regis . et mandatum est constabulario castri dovor . quod cum idem archid ad portum dovor venerit , ipsum cum convenienti familia , et rationabilibus expensis suis transfretare permittat et curialiter et caute explorari faciat , quod magnam pecuniam secum non abducat . . teste ut supra . per consilium regis . imminente quoque festo assumptionis gloriosae virginis , herlotu● domini papae clericus , specialis consiliarius & notarius . quem advenientem in angliam ipse papa maxima potestate armaverat , cum vidisset regni perturbationem , tacite et prudenter recessit ab anglia , donec pacis aura et unitatis foelicior aspiraret . interim oppidanus d●v●rrae custos littoris diligentissimus , & transeuntium indagator infallibilis , multos onustos invenit numismate , qui alienigenis desideraros deculerunt , quos ut liberius transirent , ille quàm citius exoneravit . et tunc temporis indentae sunt mille marcae , de denariis electi wintoniensis , quas ibidem deposuerat , et datae sunt quatuor militibus ad stipendia et viatica , ut romam adeuntes , papae causam barnagii angliae , ex parte regis et magnatum , sine morae dispendio et ambagibus disputationis , breviter et compendiose n●●tiarent , monstrarentque per cedulas vacuas et bullatas , quas post mortem magistri berardi de nimpha , in ejus cista invenerant , quam multis et multiformibus romani student terram inquinare machinationibus . quas vero cedulas , sicut inventae sunt secum portaverunt bullatas . the king on the archbishop of tuams petition in ireland , ( preferred thereunto by the popes provision ) whereupon the king refused to grant him his temporalties , at last by the popes mediation , granted his bayliffs and officers license to till and manure the temporalties of the archbishoprick , but to lay up and sequester all the profits thereof , till he should personally come to the king and make his oath of fealty to him ; which he having done , the king issued this writ to his chief justice and escheator in ireland , to restore him his temporalties , with the profits thereof . rex alano la zouche justic . hiberniae , & willi●lm● de bak●puz escaetori suo hiberniae , salutem . cum alias vobis nostris literis dederimus in mandatis , quod permitteretis ballivos magistri walteri quondam deca● sancti pauli london . de quo dominus papa providit ecclesiae tuamensi inhabitare domos et ercolere terras ad archiepiscopatum praedictum pertinentes , et in excolendo eas profectum ipsius archiepiscopi facere prout melius viderent expedire ; ita quod exitus eorundem , et redditus dicti archiepiscopatus , tam per vos et vestros , quam per dictos ballivos colligerentur , et in certis locis infra eundem archiepiscopatum deponerentur , et salvo custodirentur sine diminutione aliqua donec idem archiepiscopus ad nos venisset , et fidelitatem nobis fecisset . et dictus archiepiscopus jam ad nostram praesentiam personaliter accesserit , et fidelitatem nobis feceret quam facete tenebatur ; nos ipsum in favorem et gratiam nostram recipientes , reddidimus ei archiepiscopatum praedictum cum praedictis exitibus , a tempore praedictarum literarum nostrarum vobis transmissarum , et omnibus possessionibus et temporalibus ad eundem archiepiscopatum pertinentibus . , et ideò vobis mandamus , quod eidem archiepiscopo de praedicto archiepisco patu , & domibus , redditibus , & exitibus praedictis , & omnibus aliis possessionibus & temporalibus ad eundem archiepiscopatum plenam se●sinam sine dilatione habere faciatis . teste rege apud westm . . die novembris . the king having granted the archbishop of ardmach in ireland , license to go to rome about his affaires , where he was confirmed in his archbishoprick , did at the popes special request , grant him this extraordinary unaccustomed favour , as to order his chief justice and escheator in ireland to restore his temporalties to him , before he came to him in person and had made his fealty , provided that they should sequester the profits thereof in some safe place , till he came in person to the king , and did his fealty to him for his archbishoprick . rex dilecto & fideli suo alano la zouche justic . hiberniae , & magistro willielmo de bakepuz escaetori suo in hibernia , salutem . cum magister abraham quondam archipresbyter in ecclesia armachana , nunc praefectus in archiepiscopum ejusdem ecclesiae , pro diversis ecclesiae suae negotiis moram trahat in curia romana : ac dominus papa nobis scripserit deprecando , quod temporalia ejusdem archiepiscopatus in manu nostra existentia , eidem velut archiepiscopo armachano restitui faciamus , cum ab eodem domino papa beneficium confirmationis adeptus sit ; votentes in hac parte eidem gratiam facete specialem , quta in negottis no●ris mustum nobis prodesse poterit , et valere , quainquam consuetum non fuerit testituere alicui praelato terrae iostrae temporalia sua donec ad nos venerit personaliter , et nobis fidelitatem fecerit debitam et consuetam . uobis mandamus , quod permittatis ballivos ejusdem archiepiscopi inhabitare domes et excolere terras ad ipsum archiepiscopatum pertinentes , et in excolendo eas profectum ipsius facere prout melius viderint expedire . ita quod exitus eorundem terrarum et redditus ipsius archiepiscopatus , tam per vos et vestros , quam per praedictus ballivos colligantur , et in certis locis infra eundem archiepiscopatum deponantur , et salvo custodiantur , sine dilatione aliqua donec idem archiepiscopus ad nos venerit personaliter et fidelitatem nobis fecerit quam facere tenetur , ut tunc de restituendis sibi exitibus supradictis ei faciamus gratiam si nobis placuerit , vel eos ad opus nostrum retineamus . in cujus , &c. te●ie meipso apud westm . . die febrruaii , anno regni nostri . per regem & consilium suum . the king by his counsils advice , as supreme patron and governour of the church of england , made this declaration of the law of england , concerning the right of patronage and advousons , belonging to archbishops , bishops , barons , and other patrons . rex omnibus ad quos , &c. salutem . super jure patronatus et praesentationibus ad beneficia ecclesiastica faciendis in regno nostro angliae , et in ecclesia anglicana , quaedam speciales consuetudines observantur , inter quas et illa sibi vendicat locum , si videlicet manerium aliquod cum pertinentiis & libertatibus suis , cuiquam laico vel clerico , seu mulieribus aut personis quibuslibet ecclesiasticis vel secularibus , quocunque modo sive scilicet ad tempus , vel ad firmam , vel ad sustentationem , vel pro dotaliciis , seu quibuscunque modis aliis assignetur , jus praesentandi ad ecclesiam in hujusmodi manerio sitam per assignationem hujusmodi , cum manerio semper transit , nisi specialiter fuerit in assignatione illa jus praesentandi reservatum vel exceptum . in maneriis vero episcoporum , ubi jus patronatus , et jus instituendi habent , jus patronatus cum maneriis ipsis secundum consuetudinem supradictam , semper transit , unde vacantibus episcopatibus et abbatiis , tam nos quam magnates nostri , ad quos custodia maneriorum tempore vacationis pertinet , jus praesentandi ad ecclesias in ipsis maneriis sitas obtinemus , instituendi jure apud metropolitanum , vel alios ad quos devolvitur jus spirituale remanente : licet enim episcopi in suis diocesibus , aut etiam abbates pontificale jus habentes ecclesias maneriorum suortum conferant eo , quod in ipsis jus patronatus , & jus instituendi convenient , jus tamen patronatus habent ratione maneriorum suorum , vel baroniarum suarum , quae si ab ipsis evincantur , aut si aliis cum suis pertinentiis , ut praedictum est , assigentur , jus praesentandi cum ipsis maneriis transit , jure instituendi apud ipsos ratione officii pastoralis extunc tantummodo remanente . in cujus , &c. teste rege apud westm . . die marcii . per consilium regis pro negotio walteri de merton . the king sending john clarell to rome this year , about his own and the kingdoms affaires , engaged to defray his expenses there , by this patent . rex omnibus , &c. cum dilectus clericus noster magister johannes clarell , ad instantiam nostram proficiscatur in nuncium nostrum ad curiam romanam pro negotiis nostris & communitatis regni nostri , & ●ihil ad praesens de nobis percipiat ; ipsumque eundo ad curiam illam , ibidem morando & redeundo , magnas & sumptuosas oporteat facere expensas pro negotiis praedictis , nos de consilio proceru , de consilio nostro , concedimus ei & bona fide promittimus , quod de expensis quas fecerit in curia praedicta per assertionem magistri rostandi capellani domini papae , vel alio rum nunciorum nostrorum cum praefato magistro johanne proficiscentium , satisfaciemus eidem , et ipsum in hac parte conservabimus indempnem . in cujus , &c. teste rege apud westm . . die augusti . the king having approved of the election of the bishop of doun in ireland , and received an oath of fealty from him , commanded the archbishop of ardmach to consecrate him , and the chief justice of ireland or his lieutenant to restore his temporalties to him immediately , out of his special grace . cum a. archiepiscopus ardmachamu , magistrum thomam lidel , electum in episcopum dumens . justitia exigente cassaverit , & jam paratus sit authoritate metropolitana dictae ecclesiae providere de discreto viro magistro reginaldo archid. dumensi , si regius interveniat assensus , sicut per literas suas patentes regi significavit , rex ipsum archidiaconum regimini dictae ecclesiae utilem et idoneum attendens , eidem ad instantiam praefati archiepiscopi , accepto ab eo sacramento fidelitatis , assensum regium adhibuit et favorem , rex volens igitur gratiam sibi facere specialem , mandat stephano lungespeye justic . hibernioe , vel ejus locum tenenti , quod si praedictus archiepiscopus ipsum archidiaconum duxerit confirmandum , eidem post confirmationem illam temporalia dicti episcopatus , sine dilatione restituat . in cujus , &c. teste rege apud westm . . die octobris . et mandatum est eidem archiepiscopo , ut quod suum est in hac parte exequatur . teste , &c. ut supra . the bishop of rochester being at rome to complain against archbishop boniface , and there impleading and drawing some persons out of the realm , against the priviledge of the king and kingdom , his beasts were thereupon distrained , and his bayliffs enforced , and had day given them to answer this his contempt in the kings court , as this record attests . cum vic. kanc. nuper mandatum regis recepit ad distringendum l. roffensem episcopum per terras & catalla sua , quod sit coram rege à die paschae in tres septimanas , ad respondendum regi , quare contra privilegium regi et regno suo indultum , ne aliqui de regno ipso extra illud trahantur in placitum , trahit rogeram de northwode , thomam sorang , et alios plures in brevi regis originali contentos in placitum extra regnum praedictum , et ballivi dicti episcopi regi in curia sua , super hoc securitatem invenerunt . mandatum est vic. praedicto , quod averia dicti episcopi ea occasione capta deliberari faciat , usque ad diem praedictum . teste rege apud merton , . die aprilis . et praedicti ballivi invenerunt securitatem per johannem de estwode , willielmum le junene , willielmum anghemund , qui omnes sunt de com. kanc. the bishop putting in security soon after , not to prosecute those persons in the court of rome , the king thereupon issued this writ to supersede the sheriffs proceedings against him for this offence , till the bishops return from rome . quia l. r ffensis episcopus fecit regem securum per abil de sancto martino , richardum de wepsted , johaunem de estewode , & henr. de bradeford , de com. essex . quod non trahet amplius in placitum extra regnum regis contra privilegium regi & regno suo , à sede apostolica indultum rogerum de northwood , willielmum de d●dling , henr. lovell , simonem fil . simonis , thomam soreng , wa●terum steperant , & quosdam alios laicos de regno regis . mandatum est vic. kanc. quod dis●rictionem si quam fecit per praeceptum regis et iudicium curiae regis , super praedictum episcopum vel homines su●s occasione praedicta , penitus relaxet , usque ad reditum praedicti episcopi in angliam . et si qua catalla ceperit occasione praedicta , ipsa sine dilatione ballivis dicti episcopi restituat . teste rege apud westm . . die maii. per c●●silium johannis mansell , hugoris le bigod , & rogeri de thorke . the bishop of durham had likewise day given him in the kings court , to shew before the king and his counsil , what right he had or pretended to the sequestration of the benefices belonging to the bishoprick of ka●lisle , during the vacancy in the kings hands . quia venerabili patri waltero dunelmensi episcopo rex praefixit diem in oct●b . sancti michaelis prox . futur . ut personaliter vel per sufficientem atturnatum suum , veniat coram rege et consilio suo ubicunque tunc fuerit rex in anglia , ad ostendendum plenius jus , quod ratione ecclesiae suae dunelm . vendicat in sequestris ecclesiarum suae diocesis ad episcopatum karliol . spectantium in vacationibus ejusdem episcopatus . mandatum est vic. northumbriae , quod dicta sequestra in eodem statu in quo sunt sine aliqua immutatione inde faciend . usque ad praedictum diem in pace esse permittat . et si quam debitoribus proventuum dictorum sequestrorum fecerit districtionem , illam interim relaxet . teste rege apad oxon. . die junii . the pope having upon the kings former letters and request , prorogued the over-harsh conditions tendred to him and his son touching the kingdom of sicila , only till september , which he signified to him by arlot his notary , yet the king craved a longer time of prorogation from him and his cardinals by these letters , till his commissioners should arrive at the popes court. domino papae rex salutem , cum reverentia & honore . cum nuper discretum & prudentem virum magistrum arlotum notarium vestrum ad nos duxeritis pro facto siciliae dirigendum , idem magister negotium sibi in hac parte à vobis commissum , nobis curialiter exposuit , ut decebat , & tempus suspensionis poenarum in privilegio concessionis vestrae , nobis & edmundo filio nostro factae de regno siciliae contentarum , & tempus reservationis juris praefato filio nostro super dicto regno , per idem privilegium adquisiti authoritate vestra , pro reformatione negotii regni praedicti , usque ad kalendas septembris proximas prorogavit , asserens se potestatem non habere prorogandi ulterius terminum supradictum . et quia propter hoc & alia agenda nostra nuncios nostros ad vestram praesentiam , ex parte nostra et magnatum nostrorum in proximo transmittemus ; sanctitati vestrae duximus supplicandum , quatenus terminum illum usque adventum nunciorum nostrorum praedictorum favorabiliter dignemini prorogare , ut nobis munificentiae vestrae gratiam sentiamus more solito fructuosam . teste rege apud westm . . die julii . in eadem forma scribitur venerabili cetui cardinalium , rogando , quod favorabiliter annuere et erga dominum papam diligenter procurare dignentur , ut prorogatio termini quam praefatus magister arlotus fecit in hac parte , usque adventum nunciorum regis praedictorum ad curiam prorogetur . ita quod rex inde eis fortius astringatur ad merita gratiarum . teste ut supra . the king having imployed the bishop of hereford to rome in his businesse concerning the realm of sicily , and authorized him to take up monies from merchants in those parts , and engage the king for it , to prosecute that affair , and he expending more monies , and binding the king in more obligations then he expected to foreign merchants , who dayly demanded monies from him , he thereupon by advice of his counsil , sent this writ to give him a speedy account of all monies and obligations concerning that affair . rex p. herefordensi episcopo , salutem . cum dudum nobis agentibus in wasconia mitteremus vos ad curiam romanam pro negotio regni siciliae , et naremus vobis potestatem per literas nostras , ad pecuniam a mercatoribus mutuo recipiendam pro expeditione negotii praedicti , et pro expensis vestris , multas vobis perdonationes debitorum quae nobis debuistis fecerimus . ac insuper quandam summam pecu●iae vobis commiserimus in iocalibus in barderoba nostra pro expensis vestris , vos nihilominus , ut intelleximus , obligaftis nos diversis mercatoribus in magna pecuniae quantitate pro expensis praedictis . et cum in adventu vestro in angliam a curia praedicta per multum tempus receperitis omnes exitus provenientes de pecunia crucis et decimae , tam in hiberniae quam in diocesibus hereford , wigorn. coventr et litchf pro expensis vestris factis in curia praedicta , per quod credebamus a praedictis mercatoribus liberari , et multi mercatores ad nos venientes cum literis nostris et vestris institerint penes nos pro pecunia habenda , quam vobis mutuo tradiderunt , de quo non modicum admiramur ; volentes super receptis et obligationibus vestris in hac parte plenius certioriari ; . . , vobis mandamus ex parte nostra , & mandatum de consilio nostro firmiter injungentes , in fide qua nobis tenemini , & sicut honorem vestrum , & omnia quae in regno nostro habetis diligitis , sitis in propria persona vestra ad nos london . in quindena sancti michaelis instantis , compotum vestrum reddituri de obligationibus et receptis vestris praedictis , vel talem et tam sufficientem loco vestri mittatis qui vices vestras supplere et pro vobis sufficienter respondere valeat in hac parte , ut audita computatione praedicta , sciamus utrum per nos au● per vos satisfieri debeat mercatoribus praedictis . scituri pro certo , quod nisi hoc feceritis , nos de bonis et catallis vestris in anglia satisfactionem illam fieri faciemus . teste rege apud westmonasterium . die julii . the pope for his own advantage , to engage the king of england in his businesse and wars for wresting the kingdom of sicily and apulia from manfred and the rightfull owners , which his differences and wars with the king of france obstructed , pressed the king to , and mediated a peace between france and england , of which the king gave him this account , desiring his assistance for the compleating and ratification of the treaty and league began between them , by sending a special legate into france for that purpose , such as his agents should nominate . memorandum , quod omnes istae literae subscriptae tàm clausae quàm patentes de negotiis romanae curiae confectae fuerunt per magistrum rostandum , qui illas secum portavit ad curiam , & hoc totum factum ést de consilio m. comitis leycestria , r. comitis marescalli , p. de subaudia , j. comitis warr. johannis mansell thesaurarii eborum , johannis filii galfridi , petri de monte forti , & aliorum de consilio regis . rex p. sancti georgii ad velum aureum diacono cardinali , salutem . cum pro arduis negotiis quae regnum nostrum & nos respiciunt venerabiles patres ebredun . & taretas . archiepiscopos , & discretum virum magistrum rostandum , domini papae capellanum , ad romanam curiam destinemus , dilectionem vestram rogamus affectu quo possumus ampliori , quatenus dictis nunciis super hiis quae ex parte nostra , vobis exponent fidem indubitatam adhibere velitis , ipsos solita benevolentia in promovendis nostris negotiis adjuvantes . teste rege apud westm. primo die augusti . consimiles literae diriguntur unicuique cardinali , per se , & singulis procuratoribus & caeteris amicis regis in curia romana . et istae literae sunt clausae . venerabilibus patribus sacrosanctae romanae ecclesiae cardinalibus , henricus rex angliae salutem cum omni reverentia & honore . scimus multis & infallibilibus documentis , quod sacrosancta romanae ecclesia piissima mater nostra vigilanti studio & propensiore cura considerat ea quae incolumitatem respiciunt regni nostri , quod ostendit evidentissime hiis diebus ; nam nuper per religiosum virum fratrem mansuetum domini papae poenitentiarium & capellanum , sedes apostolica de quiete nostra sollicita , nos multipliciter monuit & induxit , ut cum illustri rege franc. pacis foedera iniremus . nos igitur attendentes , quod ex parte ista toti christianitati nonnulla commoda per dei gratiam poterunt provenire , una cum dicto fratre nuncios nostros sollempnes in franc. curavimus destinare , qui post tractatus varios certam formam pacis cum saepedicto rege franc. ordinarunt . in qua licet in quibusdam nostra conditio aggravetur , tamen ratum habemus et gratum , quod est super hoc ordinatum . cum igitur toto mentis desiderio affectemus , ut per providentiam sedis apostolicae tractatus hujusmodi compleatur ; sinceritati vestrae omni affectu quo possumus supplicamus , quatenus quod circa tractatum pacis , tam pie , tam laudabiliter inchoastis , feliciter consummare velitis , nobis concedentes cardinalem , quem nuncii nostri nominaverint in legatum , ut per ipsius industriam dicta pax ad honorem deiet ecclesiae romanae firmetur ; ex hoc enim honori sacrosanctae romanae ecclesiae accrescet plurimum , si per ipsum pax ista a cunctis devotis ecclesiae affectata proveniat , ut per istius pacis exitum auctor pacis nos pacem tribuat quae exsuperat omnem sensum . teste ut supra . domino papae rex angliae salutem , cum reverentia & honore . regi gloriae & gratiae largitori , ac vestrae sanctitatis clementiae gratiarum refundimus actiones , qui pacem faciens in sublimibus suis , animum vestrum erga nos excitare dignatus est , divinitus vobis inspirans , ut illa antiqua et vetus controversia inter nos et illustrem regem franciae , longis temporibus agitata , quae innumerabilium provinciarum populos traxit in exterminum et ruinam , per mansuetudinis vestrae gratiam dissolvatur , unde cum jucunditate animi ac cordis jubilo dicere possumus ; vos qui locum dei tenetis in terris , portare pacem , & illuminare patriam populis vobis subditis procurare quietem , ut per vos altissimus glorificetur in coelis , pax ministretur in terris hominibus benevolae voluntatis . ecce enim pater clementissimè , quod nuper per religiosum virum fratrem mansuetum poenitentiarium & capellanum vestrum , cujus mansuetudo & providentia apud nos & regni nostri majores grata est plurimum et accepta , qui sibi commisso negotio diligenter , fideliter institit et prudenter , quasi per cingulum pacis nos multipliciter monuistis , ut cum serenissimo rege franciae pacis federa iniremus . cujus exhortationibus salutiferis & honestis acquiescentes omnino cum praedicto fratre in franciam sollemnes nuncios curavimus destinare , qui post tractatus varios certam formam pacis cum saepedicto rege franciae ordinarunt . in qua licet nonnullis articulis conditio nostre gravari quoddammodo videatur , tamen nobis acceptabile , et gratum existit quicquid coelestis dispensatio super hoc duxerit providendum . sperantes exinde , ut per ipsius pacis proventum ecclesia dei de variis labor bus respirabit ad pacem , & annunciabit dominus annum placabilem ut mirabiles elationes maris quibus petri navicula fluctuare videtur , mirabilis in altis dominus cessare faciet statuens procellam in auram . cum igitur totis medullis animo affectemus , ut per sedis apostolicae providentiam quaestionis praefatae scrupulus complanetur . sanctitati vestrae cum affectione quam possumus supplicamus , quatenus quod circa tractatum pacis , tam pie , tam laudabiliter inchoastis foeliciter consummare curetis , nobis concedentes legatum quem nuncii nostri duxerint nominandum , ut per ipsius industriam dicta pax ad honorem dei et ecclesiae romanae firmetur ; ex hoc enim honori sacrosanctae romanae ecclesiae accrescet plurimum si per ipsum pax ista a cunctis devotis ecclesiae affectata proveniat , ut per istius pacis exitum auctor pacis nobis pacem tribuat quae exsuperat omnem sensum . teste ut supra . after which he gives this account to the pope of arlots his notaries demands tohim , and his answer and proceedings thereupon , and his parliaments promise to ayd him in this affair , upon his reforming their grievances at home , which he assented to ; and the popes mitigation of his over-harsh conditions , upon such terms as his commissioners should propound and agree , which he earnestly entreats him to yield to , by this high complemental letter , and his letters of procuration to his commissioners . domino papae rex angliae , salutem . quociens recolimus immensas & infinitas gratias quas non nostris exigentibus meritis , sed suae liberalitatis instinctu sedes apostolica , nobis fecit & indefessa vicissitudine jugiter faciens gratias gratiis superaddit , nos pro tantis beneficiis recognoscimus debitores . ecce enim quod nuper venerabilem virum magistrum arlotum subdiaconum & notarium vestrum ad nos misistis pro negotio regni apuliae , qui sub certa forma reformationem secum sttulit conditionum quarundam in privilegio apostolico confecto super hoc contentarum , petens in primis , quod cum illustri rege franciae reformaremus omnino , ita quod ex illa pace mille milites per annum , vel quingenti per biennium nobis in subsidium dicti negotii provenirent . super quo per dei gratiam taliter est processum , quod non restat nisi ut per favorem sedis apostolicae iste articulus debitum sortiatur effectum , sicut religiosus vir frater mansuetus , qui istis interfuit vestrae clementiae plenius explicabit . secundo petiit ut liberaremus ecclesiam in quadam pecuniae quantitate , quod aliter nequivimus facere nisi sicut nuncii nostri vobis exponent , scilicet decimam quam praelati regni angliae , templarii et hospitalarii pro triennio praeterito nobis debent , dando ecclesiae insolutum , daturi opem et operam efficacem ut dicta quantitas exigatur . tertio quoque dictus magister arlotus petiit . quod usque ad certam summam de regno nostro commune subsidium haberemus . super quo magnates & proceres nostros , instanter & diligenter requisivimus , qui post multos tractatus nobis unanimiter responderunt , quod si de ipsorum consilio regnum nostrum vellemus in melius reformare , et vos conditiones in privilegio vestro contentas quas nimis difficiles reputant mitigare velletis , ipsi nos ad prosecutionem dicti negotii adjuvarent . super quo , nos & filius noster primogenitus ipsorum ordinationi statum regni nostri & nostrum submisimus , volentes , ut circa regnum nostrum ordinent quicquid viderint expedire ; & jam in multis procedere laudabiliter inceperunt , propter quod firmiter credimus & tenemus , quod dummodo mansuetudo vestra conditiones istas temperet sicut nuncii nostri vobis exponent , dictum negotium per magnatum nostrorum et totius communitatis aurilium ad finem perveniet exoptatum ; unde sanctitati vestrae , cum devotione qua possumus supplicamus , quatenus attendentes , quod ex sincera affectione istud negotium assumpsimus conditiones praedictas , sicut nuncii nostri petent , dignemini mitigare . teste ut supra . domino papae rex angliae salutem , cum reverentia & honore . cum ad prosecutionem negotii regni siciliae , modis omnibus intendamus , parati circa hoc congerere vires nostras . sanctitati vestrae supplicamus , quatenus pensantes quae nuncii nostri vobis exponent , ex parte nostra conditiones in privilegio vestro contentas mitigare velitis . et si , quod absit , quae per dictos nuncios offerimus ad prosecutionem dicti negotii sufficere non credatis , venerabilibus patribus h. & r. ebredunen . & tarentas . archiepiscopis , & viro religioso fratri j. militiae templi in anglia , magistro johanni clarell , ac nobilibus viris petro braunche , & willielmo de hotentost , militibus nostris , plenam & liberam concedimus potestatem , ac speciale mandatum nomine nostro & edmundi nati nostri illustris regis siciliae , tractandi vobiscum de componendo super negotio memorato , occasione cujuscunque juris nobis & dicto filio nostro competentis in regno praedicto , secundum quod eis videbitur expedire . ratum habituri et firmum quicquid ipsi vel major pars eorum super hoc duxerint faciendum . in cujus rei testimonium , nos & dictus edmundus filius noster sigilla nostra praesentibus duximus apponenda . teste meipso apud westm . primo die augusti . domino papae rex angliae , pedum oscula beatorum . sanctitati vestrae notum facimus , quod nos constituimus venerabiles patres ebredunen . & tarentas . archiepiscopos , & discretum virum magistrum rostandum , domini papae subdiaconum & capellanum , procuratores nostros et nuncios speciales , ( all foreigners , and the popes own creatures , so inconsiderate and over-earnest was the king to gain sicily upon any terms for his son , after so many costly engagements in that affair ) dantes eis potestatem & speciale mandatum , tractandi vobiscum nomine nostri & edmundi nati nostri regis siciliae , de conditionibus meliorandis et mitigandis contentis in privilegio apostolico confecto super concessione regni slciliae , ac obligandi nos et dictum edmundum , regnumque nostrum sub quibuscunque pactis et poenis , ac jurandi in animas nostras de ipsis servandis . ratum habituri et firmum quicquid per ipsos actum fuerit seu etiam procuratum . ( a strange unlimited authority given to these foreigners . ) in cujus , &c. ut supra . consimilis litera emanavit sub nominibus religiosi viri fratris j. militiae templi in anglia , & discretorum virorum magistri johannis clarell clerici , petri braunche , & willielmi de hotentost militum . in cujus , &c. teste ut supra . domino papae rex angliae , pedum oscula beatorum . sanctitati vestrae notum fecimus , quod venerabiles patres h. dei gratiâ ebredunen . archiepiscopum , & g. electum eborum , & dilectum clericum nostrum magistrum johannem clarell , nostros conslituimus procuratores & nuncios , ad petendum prorogationem terminorum in privilegio confecto , super concessione regni siciliae contentorum , et ad petendum reformationem et meliorationem conditionum in dicto privilegio contentarum ; dantes eisdem plenam potestatem et speciale mandatum , obligandi nos et regnum nostrum sub quibuscunque pactis et poenis , ac jurandi in animam nostram de ipsis servandis . ( strange unusual clauses and powers . ) ratum habituri et gratum quicquid per ipsos tres vel duos ex ipsis super hoc actum fuerit vel etiam procuratum . in cujus rei testimonium sigillum nostrum duximus apponendum . teste ut supra . domino papae rex angliae , salutem . cum de fidelitate & industria nobilis viri rogeri de lintyn militis nostri plenius confidamus , ipsum associamus nunciis & procuratoribus nostris quos pro negotio regni apuliae ad sanctitatis vestrae praesentiam destinamus , volentes ut super omnibus dictum negotium contingentibus parem & plenam cum aliis procuratoribus habeat potestatem . teste meipso apud westm . primo die augusti . domino papae rex angliae , salutem . cum pro bono statu regni nostri , & pro pace inter nos & illustrem regem franciae firmanda legato cardinali plurimum egeamus . sanctitati vestrae cum affectu quo possumus supplicamus , quatenus aliquem de fratribus vestris cardinalibus nobis in legatum concedatis . nos enim ad hoc speciales . procuratores & nuncios constituimus venerabiles patres ebredunen . & tarentas . archiepiscopos , & discretum virum magistrum rustandum capellanum vestrum . ratum habituri et firmum quicquid per ipsos tres vel duos ex ipsis actum fuerit seu etiam procuratum . in cujus , &c. teste ut supra . consimilis litera emanavit sub nominibus religiosi viri fratris j. militiae templi in anglia , magistri johannis clares , & nobilium virorum petri braunche , & willielmi de histentot , militum regis , nulla tamen facta distinctione in hac clausula . r●tum , &c. sic hoc modo , ratum habituri et firmum quicquid per ipsos super hoc actumfuerit seu etiam procuratum . in cujus , &c. teite ut supra . domino papae rex a gliae , salutem . cum pro bono statu regni nostri , ac pro pace firmanda inter nos & illustrem regem franciae , legato cardinali plurimum egeamus , venerabiles patres h. ebredunen . & g. electum eborum , & discretum virum magistrum johannem clarell , nostros constituimus procuratores ad petendum legatum . ratum habituri quicquid per ipsos tres vel duos ex ipsis super hoc actum fucrit seu etiam procuratum . in cujus , &c. teste ut supra . the king to satisfie the popes demands , and the easier to get in the dismes the pope had granted him to gain sicily , which the archbishops , bishops , and religious persons in england refused to pay , assigned thirty thousand marks thereof to the pope , by this instrument . domino papae rex angliae , salutem . cum venerabiles patres archiepiscopi & episcopi , ac religiosi viri templarii & hospitalarii regni nostri , decimam triennii praeteriti nobis ab apostolica sede concessam , non solverint et nos ecclesiae romanae occasione regni siciliae in nonnullis pecuniarum summis tenemur astricti , praedictam decimam nobis debitam usque ad summam triginta millium marcarum vobis et ecclesiae romanae concedimus in solutem , promittentes , quod in exactione ipsius vos j●vabimus bona fide . in cujus , &c. teste ut supra . the king to gain an ayd from his nobles in parliament , and engage them in the affaires of sicily , was not only content to ratifie their ordinance made at oxford for the good government of the realm , but to crave the popes confirmation thereof ; as very beneficial to him and his heirs , ( though he afterwards revoked , and was absolved from it by the pope , as most prejudicial and dishonorable to him and them , when his hopes of sicily were frustrated ) as this writ attests . domino papae rex anglae , salutem . scriptum esse audivimus , quod illa civitas ordinarissima dicitur , in qua quisque proprios nescit affectus . hoc hodie in reformatione & ordinatione regni nostri apertissimè comprobatur . nam nostri proceres et magnates sua postponentes negotia propter nostra , suis spretis negotiis nostris et regni invigilant toto posse , unde cum ordinationem ipsorum nobis et haeredibus nostris plurimum fructuosam , habeamus gratam non immexito et acceptam ; sanctitati vestrae cum omni affectione qua possumus supplicamus , quatenus favorem sedis apostolicae hujusmodi ordinationi dignemini impartiri ; fulcientes eandem vestrae authoritatis robore et consensu . in cujus , &c. teste ut supra . soon after there arising a difference between the king and his barons about the provisions made at oxford , which he and the prince had taken an oath to observe , * rex autem quia juraverat cum edwardo primogenito suo et barnagio provisiones oxonienses , se inviolabiliter servaturum , et poenituerat eum jam jurasse taliter , metuens quodammodo notam perjurii , misit ad papam secreto , rogans , ut ab hoc se juramento absolveret , quod facillime impet ravit . which easie dispensation with oathes , and their violations though never so solemnly made , ( if they concerned not the popes own honour or interest , in which cases no dispensations would be granted ) was a great occasion to advance their usurped power , as well as filthy lucre . how grosly this pope cheated king henry of all his monies and expectations in this affair of sicily , after all his negotiations , and how much the sicilian and apulian bishops and nobles slighted his papal authority , matthew paris thus relates . eodem insuper tempore , cepit curia romana non mediocriter vilescere , eo quod apulia praelati & magnates contra voluntatem papae , elegerunt sibi in regem , & coronari fecerunt manfredum , filium impetatoris frederici ; quia non solum ipsum manfredum sed et totum genus suum papa cum tota curia romana contemptibilem habuit et exosum . insuper creavit rex apuliae archiepiscopos et episcopos sine assensu ipsius papae , , imo potius eo invito , qui omnes communiter plus ipsi regi quam papae obediebant , et contempta papali prohibitione , regi honorem et reverentiam exhibebant . magnates etiam nulla facta de edmundo filio regis angliae mentione , ( cui papa regnum apuliae contulerat , et per episcopum bononiensem annulo quodam investierat ) ligantiam fecerat , et homagium , eidem manfredo et civitatum et castrorum saisinam fecerunt plenariam . vnde rex angliae non immerito graviter conquestus est , quod papa tam argumentose multum regni sui thesaurum ob illud regnum apuliae obtinendum in vanum habuerat , et secus quam decuit cum suis multipliciter cardinalibus attraxerat . attamen nuncios suos in angliam destinatos , utpote fratrem johannem de diva , & magistrum de sene , episcopum bononiensem , archiepiscopum messaniensem , & alios complures , qui advenerant quasi procuratores negotii edmundi filii regis expediendi super regno apuliae , rex commemoratus honorifice suscepit , et procurationes a religiosis opimas extorqueri permisit . the very next year pope alexander dying , and vrban the th . succeeding him , * post coronationem suam , auxilio crucesignatorum , fugavit exercitum romanorum , quem manfredus intruserat in patrimonium sancti petri. hic usque ad quartum haeredem contulit carolo fratri regis francorum regnum siciliae , & ex tunc reges siculorum gestare coeperunt arma regis franciae , eo pacto , ut manfredum inde expelleret , quod & factum est . and so king henry and his son were both cheated of their monies and the realm of sicily . an. . all the nobility of england sent messengers to the pope with a notable letter concerning the businesse of apulia and sicily , undertaken by the king without their advice ; and their proceedings against the bishop elect of winchester , and his flight out of the realm , refusing to stand to his tryal , and their resolutions not to readmit him into it again , to prevent future troubles and mischiefs ; wherein they mind the pope of the kings oath to observe the provisions at oxford , which he secretly dispensed with upon the kings motion . destinantur nuncii solennes ad dominum papam ex parte regni et totius angliae universitate , qui nuncia suo domino papae plenarie intimarent , et quam citius possent , non expectantes aliquam disputationem vel disceptationem , remearent . unus autem eorum obiit parisiis , videlicet , vir . facundissimus & piissimus petrus branche , unde alii , quasi attoniti obstupuerunt , dolentes & desolati , arreptum tamen iter continuaverunt , injuncta sibi constanter peracturi . causam autem itineris eorum et scriptum a barnagio transcriptum audire qui cupit , in libro additamentorum invenire praevalebit . where it is thus recorded . sanctissimo patri in christo alexandro , divina providentia sanctae universalis ecclesiae summo pontifici , communitas comitum , procerum , magnatum , aliorumque regni angliae , cum subjectione debita , pedum oscula beatorum . nuper vestra sanctitas , tam per literas quàm per venerabilem virum magistrum arlotum subdiaconum & notarium , nos multipliciter monuit & induxit : ut dominum nostrum illustrem regem angliae , in prosecutione regni siciliae juvaremus ; sibi commune subsidium super hoc faciendum . licet ante idem dominus noster rex , absque nostro consilio et assensu , immo nobis reclamantibus et invitis , hoc negotium assumpsisset , quod sibi impossibile propter difficultatem conditionum , et alia quae statum nostrum respiciebant , penitus credebamus . ob reverentiam tamen apostolicae sedis & vestrae , domino regi duximus respondendum , quod si procerum et magnatum suorum consilio , regnum suum in multis multipliciter deformatum , vellet in melius reformare ; et vos conditiones in privilegio vestro contentas , vires ipsius regis excedentes , quodammodo mitigare velletis , quod juxta mitigationem et reformationem hujusmodi , optatus eventus negotio speratus , ipsi praeberemus et operam et effectem : ut rex negotium quod sine nobis assumserat , per vestrum auxilium possit perducere ad effectum . caeterum praefatus dominus rex attendens impossibile pondus negotii memorati , & statum regni sui imbecillem , voluit & expressè concessit , ut de procerum et magnatum consilio ( sine quibus regnum suum gubernare non poterat , nec negotium prosequi memoratum ) dicta reformatio proveniret . hoc videlicet modo , ut duodecim ex parte ipsius electi , & alii totidem ex parte communitatis nominati , disponerent , statuerent , ac etiam ordinarent super melioratione & reformatione regni angliae ; & ipsum regnum contingentibus , prout eis melius ( expediens ) videretur . promittentes tàm ipse quàm dominus edwardus primogenitus suus , affirmantes propriis juramentis , quod per praedictos viginti quatuor vel majorem partem eorum ordinatum existeret , inviolabiliter observaret . facturi & procuraturi securitatem omnimodam , quam ipsi viginti quatuor vel major pars eorum , super hoc fieri providerent . verum cum inter duodecim ex parte domini regis electos , electus wintonienfis & fratres sui nominati fuissent , idem electus quasi salutis suae immemor , & invigilans perturbationi regni & dispendiis , potius quam reformationi ; regem ipsum sollicitavit , & toto posse induxit ; eidem immensam promittens pecuniam ( etiam usque ad ex●anitionem substantiae & facultatum wintoniensis ecclesiae ) ut spreto juramento proprio , a promissionibus hujusmodi resiliret ; in regni sui gravè dispendium , & irreparabile detrimentum . cumque per hanc viam desiderium intentionis suae explere non posset , ad alia se convertens , dominum edwardum & quo●dam alios de nobilioribus totius regni animavit , & quantum in se fuit stimulavit , ad subversionem totius regni ; quasi in necem ejusdem & lapsum irreparabilem conjurasset . ut de illo posset verè dici , est vir qui turbavit terram , & concussit regnum . nam cum ad reformationem qui nunc nominati fuerant , studio vigilanti intenderent , praedictus electus & fratres sui , nunc per subterfugia , nunc per alias cavillationes varias , eventum reformationis hujusmodi retardabant : sed mentita est sibi iniquitas ; quia quanto plus conabantur , negotium impedire , tanto ferventius & constantius alii zelo reipublicae inflammati , instanti vigilia & propensiori cautela , illud promovere studebant . attendentes , quod firma cohaerentia fidelis esse non potuit , ubi non est tenax unio voluntatum ; & ipsorum conglutinatio animorum . sed quid ultra ? praedictorum electi & fratrum suorum , tam graves erant excessus & grandes , quod clamor pauperum ad coelum ascenderet contra ipsos . ipsorum enim ministri et officiales , qui potius praedones et satellites dicebantur , undique depraedabantur pauperes : insidiabantur simplicibus , movebant impios , opprimebant innocentes , exultabant in rebus pessimis ; laetabantur cum male fecissent , peccata populi comedentes luxuriabantur in lachrymis viduarum ; in nuditate pupillorum , in oppressionibus subditorum gaudentes . et in tantum ipsorum effroenata tables invaluerat , quod nec sub ipsis minores vivere poterant , nec cum ipsis conversari pares , nec super ipsos impares majores . nos igitur attendentes , quod respublica corpus quoddam est , quod divini muneris beneficio vegetatur , & summae aequitatis nutu agitur , & regitur quodam moderamine rationis ; nec expedit quod in uno corpore dissonantia sit membrorum : dictos electum & fratres , tanquam turbatores quietis & tranquillitatis regni totius , post multas instantias & frequentes monitiones vocavimus , & vocari per regem fecimus , ut judicio sisterent , suis querelantibus responsuri , juxta consuetudinem regni et leges . ita quod duo ex ipsis quos mallent exirent , reliquis duobus remanentibus : qui pro se et aliis responderent , ac si sibi magis expedienscrederent , regnum omnes exirent . qui suis culpis exigentibus subire judicium formidantes , maluerunt exire quam judicii rigorem expectare sed nec adhuc nobis & regno nostro , super hoc plenè non tantum existeret si electus , ( cui totius turbationis materiam merito imputamus ) rediret in angliam : cujus praesentia subita posset evertere , quicquid nostra sollicitudo multis vigiliis & infinitis laboribus studuit ordinare . vnde fixum est propositum omnium , et accensum desiderium singulorum ; quod illo acto schismatis homo dissensionis et scandali , inter nos deinceps nullatenus conversetur . quia igitur praefatus electus & fratres , regem & dominum edwardum infatuerunt , adeo quod non solum insolentiae remanebant penitus impunitae , sed quod pejus est , & verecundum dicere terribileque audire , si quis contra ipsos vel eorum alterum differet in judicio quaestionem , rex qui delinquentem punire & delictum corrigere tenebatur , ipsos in suis facinoribus nutriens contra conquerentem mirabiliter turbabatur : & cui judex debebat esse propitius , ad eorum suggestionem fiebat adversarius , & nonnunquam terribilis inimicus ; ita quod fulciti regis potentia & favore , quos volebant opprimebant : communitates & libertates ecclesiarum damnabiliter violando , homines incarcerando , clericos vulnerando , in praejudicium coronae ( cui soli competit hujusmodi incarceratio . ) laxatis habenis nequitiae debacchando per regnum , pro suae libito voluntatis . unde si ( quod absit ) electus rediret in angliam , pejora prioribus probabiliter formidamus . sanctitati vestrae igitur omni affectione qua possumus , supplicamus , quatenus sicut unitatem & pacem regni angliae ( quod semper vobis extitit devotum & existit ) diligitis , saepe dictum electum ab administratione wintoniensis ecclesiae , quae ex munificentia sedis apostolicae sibi concessafuerat , amoveatis omnino . et magis expedit , quod istud fiat sine scandalo , de vestrae plentitudine potestatis ; quam ( quod deus avertat ) occasione ipsius pejora contingant ; et nos vestri devotissimi , aliud facere compellamur . scituri pro certo , quod etiamsi dominus rex et regni majores hoc vellent , communitas tamen ipsius ingressum in angliam jam nullatenus sustineret . potiùs enim saevirent in ipsum , quàm quod ipsius intolerabilem saevitiam expectarent . quin immò , omnibus regnicolis onerosum , & toti regno dispendiosum existeret ; si proventus de quo regnum infestare disposuit , perciperet . quod et omnes qui qualitatem negotii noverant asseverant . et certe ( clementissime pater et domine ) hoc satis credimus sine scandalo faciendum : cum non sit in episcopum consecratus : sed tantum sibi administratio est concessa . super iis autem et aliis , quae nuncii nostri latores praesentium , sanctitati vestrae exponent , fidem indubitatam adhibere velitis : petitiones nostras quas per ipsos vobis offerimus ( si placet ) ad exaudititionis gratiam admittentes . et nos . r. de clare gloverniae & her●fordi● . s. de monteforti , legriae , e. bigod marescallus angliae . h. de bohun , hertfordiae & essexiae , w. albemarle . i. de placeto , warevici comites . h. bigod , justiciarius . angliae , p. de sabaudia , i. filius galfridi , jacobus de andel. & petrus de monteforti . vice totius communitatis , praesentibus literis sigilla nostra apposuimus , in testimonium praedictorum . conservet incolumitatem vestram altissimus , per tempora longiora . magnates igitur formidantes ne electus wintoniensis romam properaret , et infinita promissa papae et ▪ cardinalibus pecunia , suam procuraret consecrationem : ut sic efficacior esset ad nocendum : elegerunt sibi quatuor milites peritos , et facundos , et fide dignos : qui hanc praenotatam epistolam romam deferrent : et papae et toti curiae praesentarent romanae . in cujus tenore continetur , ut eisdem fides adhibeatur indubitata . habebant autem de denariis electi memorati , mille marcas absconditis pro eorum nunciorum labore , ad sua viatica , et alia sibi necessaria exhibenda . transalpinaturi cum venissent parisios , infirmatus unus eorum videlicet , ( petrus brancho ) obiit . unde non mediocriter doluerunt : nihilominus alii tres tantum iter incoeptum continuaverint . et cum romam pervenissent , causam sui itineris domino papae plenius monstraverunt : addentes quaedam alia enormia , & maxima facinora , quae perpetraverant praedicti electus & fratres ejus ; videlicet de homicidiis , rapinis , & variis injuriis , & oppressionibus , nec voluit rex impetus eorum refraenare . nec praetermiserunt * injuriam magnam quam fecerant magistro eustachio de len , officiali domini cantuariensis episcopi ; ubi vel omnes dicti fratres vel major pars dicitur interfuisse : pro qua offensa maxima , excommunicati fuerunt omnes qui tanto facinori interfuerunt per totam provinciam cantuariensem , & oxoniis coram universitate . recitatumque est , quòd unus fratrum ( scilicet galfridus ) coquum regis assavit : & excogitatis tormentis , usque ad mortem cruciavit . ad quorum auditum , omnes audientes aures continentes obstupuerunt . moreover the barons certified this barbarous detestable fact of his to the pope : * contigit retroactis paucis temporibus , quod johannes filius galfridi justitiarii hiberniae , vir quidem praeclarus genere , divitiis , & potentia , contulerat unam ecclesiam cuidam clerico suo . electus autem wintoniensis hoc audiens , vend●cans in eadem patronatum , vehementer iratus , jussit ejici eundem clericum , & si contradiceret , turpiter & violenter abstraheretur , viliterque in vilem locum praecipitaretur . cum vero ministri ejusdem electi , dictum clericum ejicerent de ecclesia truculenter , eo quod ipse appellasset , occidere ipsum praesumpserunt , & quosdam de ministris ejusdem clerici baculando , vulneraverunt , convitiis & injuriis affecerunt , & à domibus excludentes , ecclesiamque spoliantes , aliquos eorum ita inhumanè tractaverunt , quod contabescentes infra paucos dies interierunt . istud detestabile factum , romano erat pontifici per barones significatum . haecautem cum audisset dominus johannes , iratus , nec mirum , conquestus est regi . sed rex , sicut consueverat , ipsius electi reatum pallians excusavit , supplicans attentius , ne ipsum electum in tam gravi delicto accusaret aut scandalizaret , vel aliquam moveret quaestionem . supersedit igitur dictus dominus johannes , expectans tempora ultioni commodiora . cernens igitur in praesentiarum , quod superbia pictavensium declinaret , dictam querimoniam innovavit , appellans quosdam pictavenses , ministros scilicet electi wintoniensis de tam enormi facto , et electum ipsum de praecepto . i shall next present you with two bulls of pope alexander the th . the originals whereof i found in the white tower chappel , the latter of them with his leaden seal yet thereto annexed . the dean and chapter of sarum to gratifie this pope , bestowed a prebendary in their church upon blasius his nephew and chaplain ; whereupon the pope by this bull commanded them to exchange for any other prebend he should make choyce of , and induct him into possession thereof , by himself or his proctor , and for a reward of their kindnesse , reserved the gift of this prebend by provision to himself , and conferred it on blasius by this his bull of provision , nulling all other grants thereof to him or any else by what authority soever . alexander episcopus servus servorum dei. venerabili fratri episcopo , & dilectis filiis decano & capitulo sarisburiensis , salutem & apostolicam benedictionem . ad gaudium plurimum votis nostris accedit , quod spes quam de sinceritate vestrae devotionis concepimus nos non fallit , dum illos quos nobis affinitate conjunctos in charitatis visceribus continemus , benevolentia comprobamini prosequi gratiosa . prout ex eo manifeste colligitur , quod velut obedientiae filii nostrae contemplationis obtentu dilectum filium blasium , nepotem et capellanum nostrum , in ecclesia vestra in fratrem et canonicum admisistis , quandam praebendam in eadem ecclesia liberaliter conferendo . volentes igitur nos in eodem capellano , qui secundum opinionem communem laudabiliter tendit ad futurae merita probitatis vobis & ecclesiae praedictae amplius obligare , universitatem vestram rogamus , monemus & hortamur attentè , per apostolica vobis scripta praecipiendo mandantes , quatenus affectum vestrum nostro in hac parte cooptantes affectui & hujusmodi vestrae devotionis puritatem per laudabilium actionum studia de bono in melius ductu continuò dirigentes , dictam praebendam praefato capellano in illam quam ipse in ecclesia praedicta duxerat acceptandam , pro nostra et apostolicae sedis reverentia liberati munificentia commutetis . ipsumque vel procuratorem suum , vel alium ejus nomine in ipsius possessionem inducatis , vel faciatis induci . ita quod operis efficacia patenter ostendat nos nostros uberiori ac pleniori benevolentia confovere , & nos qui super hoc exaudiri toto cordis affectu cupimus , vobis exinde speciales gratias referamus . nos enim ex nunc praebendam hujusmodi donationi sedis apostolicae servamus , praefato blasio conferendam , decernentes , irritum et inane si secus de dicta praebenda vestra vel quavis authoritate a quoquam contigerit attemptari . ( a high daring pontifical usurpation on the deans and chapters right . ) dat. viter bii . idus junii , pontificatus nostri anno tertio . he likewise sent this second bull to the king , on the behalf of , arlot his notaries nephew , on whom the king had bestowed an annual pension , expressing therein arlots affection and devotion to serve the king , and promote his affaires in the court of rome , to engage the king to a more bountifull reward of his services , on whom he had * formerly bestowed many great and rich preferments , even to envy in the court of rome , as well as at home . alexander episcopus servus servorum dei. charissimo in christo filio nostro h. regi anglorum illustri , salutem & apostolicam benedictionem . recolit regiae mansuetudinis bonitas quàm fideliter & quàm purè , * sine improbitatis et cupiditatis nota , dilectus filius magister arlotus subdiaconus & notarius noster , quando ipsum olim in angliam pro ecclesiae ac tuis negotiis destinavimus , se erga te habuit , materiam justae offensionis cui non relinquens . et ideö nè idem relinqueretur prorsus regiae liberalitatis immunis , praeter munificentiae tuae morem dignum duxisti , postquam ad sedem est reversus apostolicam , eum in suis prosequi aliquo munere gratiae specialis . nam sicut idem notarius nobis exposuit , dilecto filio arlotucio nepoti ejus , feudum certae quantitatis prout in tuis patentibus literis contineri dicitur , obtulisti . rogans pluries & per iterata scripta requirens , ut idem notarius eundem nepotem s●um ad tuam praesentiam destinaret , merito quidem hoc tua ben●g●●as cogitavit , quia sic plenius scires quibus laudibus apud nos , idem notarius pietatem tuam in deum , & devotionem quam habes ad ecclesiam commendavit . et quibus persuasionibus ad diligendum te amplius nos & fratres nostros accendit . nosces perfectius ipsius erga te ac filios tuos sinceritatis affectum , & te sibi reputares non modicum ad benevolentiae vicissitudinem obligatum . cum igitur idem notarius non solum instantiae tuae , sed & quorundam collateralium tuorum exhortationibus acquiescens , praefatum nepotem suum ad magnitudinem tuam mittat , serenitatem tuam rogamus attentè , quatenus eum ob reverentiam apostolicae sedis & vestram , benignè suscipias , et ipsum qui non se ingerit , sed a te vocatus accedit , habeas prout tuam decet honorificentiam , et sicut praefati notarii probata erga te sinceritas meruit commendatum . ita quod idem notarius fiat tibi ex devoto devotior , et nos exinde reddamur tibi ad beneplacita promptiores . dat. anagniae . idus septembris , pontificatus nostri * anno quinto . sigillum plumbeum alexander papa quartus . matthew paris renders us this account of abbots withstanding the kings obligations to satisfie the popes demands , and of the great exactions , expenses of abbots and bishops in going to rome to be confirmed , according to pope alexanders new decree . eodem anno , videlicet decimoquinto calendas augusti , non procul à wintonia , obiit richardus abbas westmonasteriensis , vir quidem elegans , facundus , juris utriusque peritus , cinonici scilicet & civilis , regis specialissimus , in cujus etiam obsequio magnos & multos , tàm in transmarinis , quàm in cismarinis partibus , labores libenter consumpserat sumptuosos , &c. sed quia virtutibus se solent vitia quaedam adjungere , iste richardus sigillum suum , & conventus sui , scripto cuidam regis apposuit , ut videlicet alii abbates in eodem nominati , audacius sigilla sua apponerent , & liberius . quod quidem scriptum tunc temporis confectum fuit , ut quidam abbates superiores in anglia sese obligarent pro rege mercatoribus transmarinis in pecunia non minima , promissa tamen eisdem abbatibus & successoribus suis , securitate ejusdem pecuniae à rege persolvendae , ecclesiarumque suarum servanda indemnitate . sed quia hujusmodi promissioni fides , non videbatur adhiberi indubitata , ipso solo in vanum consentiente , caeteri omnes viriliter restiterunt , et unanimiter contradixerunt , hoc divino superaddentes consilio , quia si per eos fieret hujus obligationis introitus , aliorum etiam supponebatur per eorum exempla contractus . hujus autem richardi defuncti corpus , delatum est westmonasterium , & in ecclesia sua conventuali honorifice sepultum . eligitur autem dominus philippus ejusdem monasterii prior , in ejusdem domus abbatem . quod cum audisset , vix consensum attribuit , illam domini papae gravissimam vehementer formidans constitutionem , scilicet , quod oportuit romam personaliter adire , cum corporis et carnis oneraretur ipse magnitudine . maluit enim , & melius fuit domi residere morè pristino vivendo , quam pro dignitate temporali , tanto se exponere periculo . attamen fratrum exhortatione , & legitima omnium convictus electione , eisdem gratanter adquievit . ita tamen , quod pro confirmatione sua alios ad curiam destinarent . profecti autem quidam de eminentioribus , propositis coram domino papa causis et excusationibus absentiae electi sibi urgentioribus , contradicentibus cardinalibus vix tandem potuerunt gratiam adquirere , data non modica pecuniae quantitate . quibus post negotia difficilius expedita , redeuntibus , nunciatum est , eorum electum jam defunctum , aliumque in locum ejus quam citius subrogatum . qui vehementer dolentes , versus curiam iterum laborem festinanter resumunt praehabitum . the same year godfry de kimeton dean of york , was elected archbishop of that see , and forced to travel to rome for his confirmation : * qui romam corporaliter adiens , quamplurimis sumptibus , & gravaminibus consumptis , peractóque laudabiliter negotio , quam citius remeavit incolumis . consecratus est romae archiepiscopus eboracensis , qui à domino papa & universis examinatoribus condignus repertus & commendabilis , expletis laudabiliter negotiis ecclesiae sanctae , gubernator remeavit opertunus . tunc venit in angliam à partibus transmontanis , eboracensis archiepiscopus , à domino papa consecratus . et cum londinum pervenisset , per medium urbis portari fecit crucem suam ante ipsum in propatulo elevatam , accedensque ad regem , honorificè susceptus est , & inde ad partes tendens angliae boreales , in suo gaudenter archiepiscopatu pastor & pater suscipitur sublimatus . he interdicted the whole city of york not long after , from the beginning of lent till the invention of the holy crosse , i know not upon what quarrel . circa idem tempus , convocati fuerunt praelati angliae universaliter , ut oxoniae convenientes , anglicanae ecclesiae vacillantis , et multipliciter impulsae , ne penitus cadat , statum reformarent . convenerant autem ibi quatuor episcopi ad hoc specialiter deputati , scilicet norwicensis & cicestrensis , aliique duo , quorum nomina non recolo . qui convocaverunt exemptos omnes abbates , & alios alterius ordinis , vel eorum idoneos procuratores , scire volentes , si eorum statutis vellent adquiescere , & eorum defensioni & sustentationi uniformiter adhaerere . sed quia quidam excusatione absentes , quidam in assensu dubitantes , nullum tunc potuerunt dare responsum , recesserunt omnes , imperfectum relinquentes negotium . the same year , anno . the monks of winchester , comperientes quod rex nullum quem eligerent in episcopum acceptasset , nisi sibi charissimum , maximè post fratris sui athelmari exilium , elegerunt sibi in episcopum & suerum pastorem animarum , dominum henricum de wengham , domini regis cancellarium . ipse autem considerans rem fuisse litigiosam , & incertam , noluit adhuc elect . oni de se factae plenè consentire , licet regem sibi invenire favorabilem non dubitaret . asseruit enim se tantae dignitati , et custodiae animarum insufficientem , nec theologia aliisque divinis scripturis edoctum , aut ut decet , renitentem . tandem tamen aliquantulum consentiens , libenter a domino rege , sed conditionaliter , suscipitur , videlicet , si frater suus uterinus athelmarus praeelectus , posset a domino papa gratiam impetrare consecrationis , ipsemet prae omnibus aliis fieret in eadem ecclesia wintoniensi institutus . si vero non-salvo jure fratris sui sustentationis , loco ipsius , sit ille subrogatus . but the bishoprick of london becoming voyd , ( fulco bishop of london dying of the plague ) wengham made no bones to accept thereof , notwithstanding his insufficiency , and want of learning and knowledge in divinity , and withall procured these letters patents from king henry , by advice of his counsil , ( in imitation of the popes commendaes , then grown very common ) to hold and retain all his former ecclesiastical dignities and benefices , whereof the king was patron , together with his bishoprick , for so long time as the pope should please to grant him a dispensation , whose dispensation alone would not barre the king to present to those dignities and benefices , being all voyd in law by making him a bishop . rex venerabilibus patribus archiepiscopis , episcopis ad quos praesentes literae pervenerint , in quorum diocesibus venerabilis pater h. london . electus ecclesiastica beneficia tempore suae promotionis ad eundem episcopatum obtinuit , salutem . fructuosa & diuturna obsequia quae praefatus electus diu nobis impendit , & ipsius fidelitatem , & industriam , nec non & affectionem quam erga nos gerit diligentius attendentes ; nos de consilio magnatum de consilio nostro concedimus eidem electo ; quod decanatus , dignitates et omnia alia beneficia ecclesiastica subscripta , quae tempore dictae promotionis suae de patronatu nostro obtinuit , retinere possit libere , plene et pacifice , quamdiu ipsa per indulgentiam domini papae valeat retinere ; videlicet , decanatum sancti martini london . cum collationibus ecclesiarum & praebendarum ad eundem decanatum pertinentium ; decanatum de tottenhal . coventr . & lichf . dioc. cum collationibus praebendarum ad eundem decanatum spectautium , ecclesiam de auvilliers ejusdem dioc. quae est praebenda de bruges , ecclesiam de worefeld . ejusdem dioc. ecclesias de kirkeym . & de preston . in augmodernesse eborum dioc. quae sunt in archidiaconatu richmondiae , ecclesiam de grymmesby lincoln . dioc. promittimus etiam eidem bona fide et coneedimus , quod dictos decanatus sancti martini london . de tottenhal . seu etiam praedicta beneficia ecclesiastica , quae ex patronatu nostro ante su am promotionem optinuit nulli conferri faciemus , nec ad dicta beneficia aliquem praesentabimus , quamdiu ipsaper indulgentiam domini papae valeat retinere . in cujus , &c. teste rege apud westm. . die julis . per h. le bigod . justiciarium angl. he had the like patent to retain his benefices and ecclesiastical preferments in ireland . this is the very sirst patent of a commenda retinere , granted by the king to any bishop elect i have yet met with , being made by advice of the lords of his counsil and judges , which makes it more considerable : this * wengham was then chancellor of england , and retained all these preferments and benefices , though unlearned , unworthy , together with his bishoprick , to maintain his worldly pomp , grandure , with the total neglect of his peoples souls , and his pastoral duty , the least of his care , thoughts , and of most commendatories in that age and succeeding times . adomar bishop elect of winton being forced to fly the realm by the barons as you have heard , and the see continuing voyd ; the king seising the temporalties and stock thereof , granted . sheep , . cowes and bulls to this bishop of london elect , ( first chosen bishop thereof ) to stock the bishoprick of london , warranting them against the bishops of winchester , provided alwayes , that if adomar should recover possession of his bishoprick they should be restored to him . rex nicholao de handlo , custodi episcopatus winton . salutem . sciatis quod pro laudabili servitio , quod dilectus clericus noster henricus de wengham , london . electus diu nobis impendit , concessimus ei de instauro episcopatus winton . quinque millia ovium , ducentas vaccas , & decem tauros , de dono nostro ad instaurandum inde episcopatum suum london . quod quidem instaurum eidem london . electo versus quemcunque episcopum vel electum winton . seu alium warrantizabimus , & ipsum inde indempnem conservabimus . hoc tamen excepto , quod si contingat adomarum fratrem nostrum possessionem episcopatus winton . recuperare & optinere , nos necessario eidem fratri nostro instaurum praedictum restituere tunc volumus , quod idem electus london . de tanto instauro , vel de rationabili praecio ejusdem nobis respondeat . et ideò vobis mandamus , quod eidem london . electo , vel ejus certo atturnato praedict . quinque millia ovium , cc. vaccas , & decem tauros liberari faciatis . et nos liberationem illam vobis in compoto vestro allocari faciemus . in cujus , &c. teste rege apud westm . . die august . duplicata est ista litera . per ipsum regem & consilium suum . the king by reason of the vacancy of the bishoprick of winchester , presenting one to a parcel of tithes which the bishops held and disposed of , and the archbishops official refusing to admit him , the king issued this writ to the gardian of the bishoprick to admit him thereunto , and put him into possession thereof , and maintain him therein , if the official persisted in his refusal . rex nicholao de handlo custodi episcopatus winton . salutem . cum ad seperatas decimas de etheneswell , nuper praesentaverimus dilectum clericum richardum de wintonia , & magister constantinus de mildhall offic. venerabilis patris b. cantuariens . archiepiscopi , in episcopatu praedicto ipsum clericum nostrum ad dictas decimas admittere , & in corporalem possessionem eorundem inducere distulerit , in nostri contemptum , et dicti praesentati nostri praejudicium et gravamen . licet eidem offic. per inquisitionem , quam inde fecit constiterit , qnod dictae decimae vacant per mortem andreae de bramford . quondam possessoris earundem & ad nostram spectant donationem ratione dicti episcopatus vacantis , & in manu nostra existentis , eo quod episcopi wintoniae qui pro tempore fuerint dictas decimas cum vacassent cuicumque voluerint sine reclamatione alicujus contulerunt , et jam mandaverimus iterato eidem officiali , quod clericum nostrum memoratum ad dictas decimas admittat & in corporalem possessionem earundem sine dilatione & difficultate qualibet inducat . uobis mandamus firmiter praecipientes , quod nisi dictus officialis id sine dilatione fecerit , ad mandatum nostrum , vos eundem clericum nostrum in plenam possessionem decimarum supradictarum cum festinatione inducatis , et ipsum in possessione earundem manuteneatis et defendatis , ne nobis aut episcopis dicti loci futuris , vel etiam dicto praesentato nostro praejudicetur in hac parte , cum episcopi ejusdem loci qui pro tempore extiterunt dictas decimas in singulis vacationibus earundem cuicunque voluerunt , sine inquisitione vel institutione inde facienda conferre consueverint , sicut per inquisitionem quam dictus offic. inde fieri fecit est compertum , & nos eundem episcopatum in suis juribus & libertatibus dum fuerit in manu nostra conservare teneamur . in cujus , &c. teste rege apud west . . die aprilis . the king having approved , and the pope afterwards confirmed the election of the archbishop of tuam in ireland , and certifying the king thereof , he thereupon issued these patents for the restitution of his temporalties . rex stephano lungespee justic . hiberniae & magistro willielmo de bakepuz , eschaetori hiberniae , vel alteri eorum salutem . cum venerabilis parer thomas quondam elfin . episcopus , postulatus in archiepiscopum tuamensem confirmatus sit à domino papa , sicut per literas ejusdem domini papae nobis inde directas accepimus , nos postulationem illam et confirmationem ratum habentes et acceptam , reddidimus eidem archiepiscopo praedictum archiepiscopatum , cum omnibus pertinentiis suis . et ideo vobis mandamus ▪ quod eidem archiepiscopo de archiepiscopatu praedicto , cum omnibus temporalibus & possessionibus ad eundem archiepiscopatum pertinentibus plenam seisinam sine dilatione fac . in cujus , &c. rex omnibus tenentibus de archiepiscopatu tuamensi in hibernia , salutem . cum venerabilis pater thomas , quondam elfinens . episcopus postulatus in archiepiscopum tuamensem confirmatus sit à domino papa , sicut per literas ejusdem domini papae nobis inde directas accepimus ; nos postulationem illam & confirmationem ratam habentes & acceptam , reddidimus eidem archiepiscopo praedictum archiepiscopatum , cum omnibus pertinentiis suis . et ideo vobis mandamus , quod eidem archiepiscopo tanquam domino vestro in omnibus quae ad praedictum archiepiscopatum pertinent intendentes sitis & respond . in cujus , &c. teste rege apud westm. . die julii . et mandatum est stephano lungespee justic . hiberniae , & magistro will. bakepuz eschaetori hiberniae , vel alteri eorum , quod eidem archiepiscopo de archiepiscopatu praedicto , cum omnibus temporalibus & possessionibus ad eundem archiepiscopatum pertinentibus , plenam seisinam sine dilatione habere faciant . teste ut supra . what transactions , letters passed between the king , pope , and others concerning the dismes , &c. granted him by the pope , and affaires of france and the kingdom of sicily , and what accounts were given by the bishop of hereford and rustand , of the monies received and disbursed by them out of these dismes to foreign merchants and others , these ensuing records inform us . quia rex collectionem decimae & pecuniae provenientis de bonis ab intestato morientium in regno regis , & de bonis indistinctè legatis , & etiam pecuniae in terram sanctam legatae , quas dominus papa regi concessit in subsidium terrae sanctae , de consilio magnatum qui sunt de consilio suo prorogavit , donec per nuncios suos quos nuper misit ad curiam romanam plenius certioratus fuerit , qualiter in negotio praedicto fuerit procedendum : mandatum est w. bathon . & wellensi episcopo , quod demandam quam facit , richo de grey , de c. lib. quas reginald . de mohun . in testamento suo legavit in subsidium terrae sanctae , & quas idem richus ei debuit , ponat in respectum , donéc aliud à rege habuerit in mandatis . teste rege apud westm . . die septembris . domino papae rex angliae , salutem . cum reverentia & honore . quia de quibusdam negotiis inter regem & illustrem regem francia praelocutis plenius certiorari rex oportebat , priusquam super aliis , quae per magistrum petram lemovicens . & anselmum de bellencer . clericos & nuncios venerabilium patrum ebredunen & tarentas . archiepiscoporum , & magistri rostandi capellani domini papae regi super facto siciliae , & aliis tam literis quam vivâ voce , sanctitas papae significare regi plenum daret responsum ; propter quod etiam quosdem de majoribus regni & consilii regis in franciam rex transmisit festinanter ; praedictos clericos rex retinuit usque ad reditum nunciorum regis praedictorum . in quorum reversione absque mora ulteriori peripsos clericos , vel per alios sollempnes nuncios regis certum super praemissis papae beatitudini significavit responsum , maximè autem super facto regni siciliae efficaciter prosequendo , vel penitus dimittendo . quapropter clementiae papae rex supplicat attente , quatenus hanc modicam moram , si placet , excusatam habens , circa praemissa nihil interim immutet . teste rege apud windes . . die marcii . rex ebredun . archiepiscopo , salutem . super laboribus & variis anxietatibus quibus estis pro negotiis nostris in curia romana procurandis multipliciter lacessiti , sicut per operis efficaciam manifestè perpendimus , grates vobis referimus quas valemus . et quia tractatus pacis inter nos & regem franciae praelocutae , à qua negotium siciliae multum dependet , ulteriorem quam credebamus cepit dilationem , clericos vestros , qui nuper ad nos ex parte domini papae & vestra venerunt , ad vos remittere distulimus , quousque plenius certiorati essemus de pace praedicta , sicut ipsi vobis poterunt plenius intimare , quibus super hiis & aliis negotiis nostris quae vobis exposuerint fidem adhibere velitis , statum & beneplacitum vestrum nobis saepius demandantes . teste rege apud windes . . die maii. consimiles literae diriguntur archiepiscopo tarat . magistro rostando , & magistro j. clarell , & ista quatuor paria literarum tradita fuerunt duobus clericis dictorum archiepiscopi tarat . & magistri rostandi deportanda . rex venerabilibus patribus h. ebredun . r. tarat . archiepiscopis , magistro rustando , & magistro i. clarell vel eorum aliquibus qui praesentes fuerint in curia salutem . super laboriosa & sollicita diligentia quam apposuistis & apponitis circa negotia nostra in curia romana expedienda grates vobis referimus copiosas . et quia tractatus pacis inter nos & regem franciae praelocutae , à qua negotium siciliae multum dependet , ulteriorem quam credebamus coepit dilationem , clericos vestros , qui nuper ad nos ex parte domini papae & vestra venerunt , ad vos mittere distulimus quousque plenius certiorati essemus de pace praedicta , sicut vobis per alias literas nostras quas vobis per eosdem clericos direximus significavimus ; unde dilectum & fidelem nostrum willielmum bonquer ad praedictam curiam mittimus , pro praedicto negotio & aliis secretis negotiis ibidem expediendis , quae idem willielmus vobis exponet , cui super hiis fidem adhibeatis , & ea ad optatam produci procuretis effectum , prout praefatus willielmus vobis ex parte nostra plenius intimabit ; tantum super hoc facientes , quod vobis exinde ad gratiarum merita fortius astringamur ; statum autem vestrum & negotiorum nostrorum in curia nobis crebro significetis . teste rege apud windes . ●● . die maii. ista litera tradita fuit willielmo bonquer deportanda , & est litera duplicata . domino papae , salutem cum reverentia & honore . super gratiis multimodis nobis & edmundo nato nostro , maximè de regno siciliae & aliis nos & honorem nostrum contingentibus , à vestrae sanctitatis clementia favorabiliter impensis vobis ad gratiarum actiones assurgimus , cum devotione speciali ; vestrae paternitati significantes , quod pax inter regem franciae illustrem & nos aliquantulum cepit dilationem à qua magna pars subsidii praedicti regni siciliae dependebat . super quo sanctitati vestrae attentius supplicamus , quatenus ob causam praedictam , & alias quas dilectus & fidelis noster w. bonquer miles & marescallus noster , vobis ore tenus ex parte nostra plenius exponat , memoratam gratiam vestram apud nos & praedictum natum nostrum , tam egregiè & liberaliter inchoatam , necnon & benignè continuatam , fine piissimo consummare dignemini , & eidem super negotio siciliae & facto winton . & ad ea pertinentibus , necnon & aliis negotiis nostris & regni nostri plenam fidem adhibere velitis . teste meipso apud westm . . die maii , anno regni nostri . rex venerabili patri p. sancti georgii ad volum aurcum diacono cardinali● salutem , & sincerae dilectionis affectum . ex veridica tàm dilecti militis nostri willielmi bonquer , quàm aliorum nunciorum nostrorum relatione didicimus ▪ quod vos negotia nostra & regni nostri sincero animo amplectantes , ipsa non minus quam vestra totis studuistis viribus promovere ; unde paternitati vestrae , quas possumus etsi non quas debemus gratiarum referimus actiones ; rogantes , quatenus quid voluntati vestrae placuerit , quod per nos valeat expediri nobis significari velitis . scituri , quod si in aliquibus vobis responderemus ad votum nobis gratum esset plurimum & acceptum . negotia verò nostra tàm regni argliae , quàm regni siciliae , & alia pro quibus ad curiam romanam praefatum willielmum destinavimus , vobis recommendamus ; supplicantes attentè , quatenus negotia illa solita benignitate promovere dignemini . et hiis quae vobis ex parte nostra dicet fidem adhibere velitis . teste ut supra . eodem modo scribitur cardinalibus , videlicet albo cardinali , johanni geyton , ottobono , octomano , h. de senithier , r. hanniball . sanctissimo in christo patri domino alexandro dei gratia summo pontifici , henricus eadem gratia rex angliae , &c. salutem , cum reverentia & honore . noverit paternitas vestra , quod venerabiles patres ebredunen . & tarentas . archiepiscopos , magistrum rustandum subdiaconum & capellanum vestrum , willielmum bonquer militem nostrum , & magistrum johannem clarell , nostros constituimus procuratores ad petendum legatum in angliam destinandum pro negotiis regni siciliae , & aliis negotiis in anglia expediendis , prout eis injunximus & nobis viderint expedire . ratum habituri & gratum quicquid ipsi vel aliqui ex ipsis qui praesentes fuerint super praemissis duxerint faciendum . in cujus , &c. teste rege a pud westm . . die maii. eodem modo scribitur cetui cardinalium , & per eadem verba sine ratihabitione . teste , &c. item duo paria literarum tradita fuerunt willielmo bonquer . venerabili cetui sanctae romanae ecclesiae cardinalium , rex angliae salutem , & sincerae dilectionis affectum . quia de quibusdam negotiis inter regem & illustrem regem franciae , praelocutus rex plenius certiorari volebat priusquam domino papae super hiis quae per magistrum petrum lemovicen . & anselmum de belencr . clericos & nuncios venerabilium patrum ebredunen . & tarentas . archiepiscoporum , & dilecti clerici regis magistri rustandi , ejusdem domini papae capellani , super facto siciliae , & aliis tàm literis quàm vivâ voce regis significat , certum rex daret responsum , propter quod etiam quosdam de majoribus regni & consilii regis in franciam rex transmisit , rex praedictos clericos retinuit , usque ad redditum dictorum nunciorum regis . in quorum reversione absque mora ulteriori per eosdem clericos , vel per alios nuncios regis solemnes , domino papae & eis super praemissis certum responsum suum rex significavit , & maximè de negotio siciliae , cum effectu prosequendo vel penitus dimittendo . unde eos attentius rex rogat , quatenus apud summum pontificem diligenter instare velint ne hanc moram , modici temporis gravem habeat vel molestam . et quod super facto siciliae , vel aliis regem seu regnum regis tangentibus nihil interim immutetur . teste rege apud windes . die martii . the king having demanded an account of the bishop of hereford the year before , of the monies received by him in england and ireland for the disme granted him by the pope , and of the several obligations and debts he had obliged him and several abbyes to foreign merchants , in great sums of money , and how they were expended , and receiving an imperfect account thereof from his procurator , enjoyned him to make an exact account thereof , and to come in person into england for that end , by a certain day , under pain of seising all his temporalties and goods in england . rex p. herefordensi episcopo , salutem . cum nuper vobis mandaverimus , quod personaliter vel per certum procuratorem in angliam veniretis , ad certificandum nos super variis et immensis obligationibus quibus nos et regnum nostrum , necnon et quamplures domos religiosos regni diversis mercatoribus in curia romana pro facto siciliae multipliciter astrinxistis , et ad quorum manus pecunia de praedictis obligationibus devenit , et ad cujusmodi negotia expedienda fuerit apposita , et ad reddendum compotum de tota pecunia quam recepistis in partibus transmarinis et cismarinis , et etiam de tota pecunia per vos collecta et recepta de decima et negotio crucis , tam in hibernia , quam in dioc. coventr . wigorn. et hereford . vos per infirmitatem & impotentiam corporis vestri super adventu vestro in angliam excusastis , promittentes vos tales procuratores loco vestro missuros , qui nobis in praemissis sufficienter respondeant . et cum decanus vester hereford . nuper venisset coram nobis & consilio nostro apud london . offerens se pro vobis de praedicta pecunia crucis & decimae compotum redditurum , ipse tantum reddidit compotum de pecunia crucis & decimae ad opus vestrum recepta in hibernia , & in dioc. praedictis , asserens se de obligationibus per vos factis in curia romana non posse ita distincte sicut petivimus respondere , unde nobis supplicavit , quod aliquem diem diffusum , vobis super hoc praengere dignaremur , quo personaliter venire possetis in angliam nobis de praedictis obligationibus responsuri . quapropter habita super hoc deliberatione , cum magnatibus de consilio nostro , transcriptum compoti quem praedictus decanus reddidit vobis mittimus praesentibus interclusum , quo viso & plenius intellecto , utrum praedictum compotum acceptandum , vel aliquid eidem addendum , seu inde minuendum duxeritis nobis per literas vestras patentes , & per latorem praesentium significetis , quia a diversis mercatoribus ad pecuniam sibi reddendam de obligationibus praedictis per vos factis sumus cotidie graviter anriati , de quibus oportet nos et regnum nostrum , sub celeritate qua fieri poterit liberari . nos de consilio praedictorum magnatum nostrorum , vobis mandamus firmiter injungentes , super omnia quae in regno nostro tenetis , quod omni dilatione & excusatione postpositis infra quindenam paschae prox . venturam in angliam veniatis . ita quod in quindena illa sitis in propria persona coram nobis & consilio nostro , ubicunque tunc fuerimus in anglia ad respondendum nobis , & ad plenius certificandum nos & consilium nostrum de omnibus receptis & expensis per vos factis in curia praedicta , & de omnibus obligationibus supradictis , de quibus praefatus decanus respondere non potuit , ut praedictum est . et praedictum diem ita diffusum de consilio nostro vobis assignamus ne ulteriorem dilationem quaerere possitis in hac parte . scituri , quod per consilium praedictorum magnatum nostrorum provisum est , quod nisi ad praedictum diem veneritis in angliam , episcopatus vester cum omnibus bonis et catallis vestris in anglia in manum nostram capietur ad satisfaciendum inde mercatoribus supradictis : quid autem super praemissis facere volueritis nobis sine dilatione remandetis . teste rege apud wymu●dell , die novembris . a just retribution for this bishop , who invented , promoted these fraudulent obligations , to the oppression of his fellow bishops and abbots , and it seems converted much of it to his own private use , for which he was now called to a strict account . memorandum , quod commissarii episcopi hereford . & magistri rostandi in negotio crucis & decimae in wigorn. coventr . hereford . civitatibus & dioc. receperunt in universis per duos annos de pecunia crucis & decimae . marc. . d. expensis inde liberaverunt mayneto spinae & sociis suis , civibus & mercatoribus florent . . marc. . s. . d. de debito quatuor marcarum . in quibus episcopus hereford . eisdem fuerat obligatus in curia romana pro domino rege . item liberaverunt eisdem . marc. de mandato magistri rostandi , pro damnis expensis & interesse . item liberaverunt dentay● & baldes , civibus & mercatoribus florent . de mandato magistri rostandi , . marc. item in expensis dictorum collectorum per duos annos . marc. quas assignavit eis magister rostandus per literas suas . item in aliis expensis factis praedicta pecunia carianda & securè conducenda usque london . per plures vices & nunciis missis in hiberniam & walliam , & expensis dictorum collectorum versus london . per plures vices . marc. . s. . d. summ. total . lib. & expens . . marc. . s. et sic debentur . marc. . s. quos debet magister alex. canonicus hereford . qui fuit receptor totius pecuniae praedictae . et sciendum est , quod omnia ista plenius patent in compoto facto coram domino archidiac . essex . & dominis philippo luvel , & willielmo bonquer , sigillis eorum signato quem quidem compotum parati sumus ostendere incontinenti . memorandum , quod walterus marsill civis & mercator florentin . missus in hiberniam per dominum regem , & dominum episcopum hereford . recepit à magistro laur. de summercote , commissario dicti episcopi , & magistri rostandi , & collectore pecuniae crucis & decimae in hiberniae . marc. item recepit ab eodem . marc. . s. . d. ob . qu. de bona moneta . item recepit ab eodem . marc. . s. . d. ob . de alia moneta ad pondus . item recepit idem walterus à magistro thoma nywetesden substituto dicto magistro laur. in hibernia . marc. ut idem walterus confitetur . et sciendum , quod dictus magister laurentius missus fuit in hiberniam per dominum regem , & plenam reddidit rationem de omnibus receptis suis coram praedictis domino archidiacono , & dominis philippo luvell , & willielmo bonquer . summ. total . recept . dicti walteri in hibernia . marc. . s. . d. qu. de hac autem summa lib. dictus walterus mayneto spinae , & sociis suis civibus & mercatoribus . marc. . s. . d. de debito quatuor millium marcarum , in quo dominus hereford . erat eis obligatus pro domino rege . et sic habuit dictus maynetus de pecunia crucis & decimae , tàm de tribus episcopatibus praedictis , quàm de hibernia , quatuor millia marc. & centum marc. pro damnis expensis & interesse de mandato magistri rostandi . et sciendum , quod dominus papa assignavit pecuniam crucis et decimae in hibernia , et tribus episcopatibus , ad solvendum dictam pecuniam , sicut patet per literas apostolicas quas paratas habemus incontinenti . dictus vero walterus marsill debet de pecunia recepta in hibernia . marc. . s. qu. & alii socii sui debent . marc. de pecunia trium episcopatuum . et sic debet in universo illa societas . marc. . s. qu. unde computaverant , & plenam rationem reddiderunt ut dicunt coram consilio domini regis , magistro rostando , & domino philippo luvell ; & si non computaverint repetatur ab eis . nos vero decanus & offic. hereford . procuratores domini hereford . episcopi , nihil scimus de obligationibus factis in curia romana , nec inde computare aliquo modo possemus : unde supplicamus , quod assignetur dies & competens dilatio dicto domino episcopo , saltem usque in quindenam paschae , ut personaliter de dictis obligationibus possit computare , quia ad istam diem sibi assignatam venire non potuit , sine magno periculo corporis sui , propter * longam & gravem infirmitatem , quam habuit & nondum fuit ita for●is quod venire potuit . et ad diem quae sibi assignabitur personaliter veniat omnibus negotiis & occasionibus praetermissis , & plenam rationem reddet de omnibus , & voluntati domini regis & consilii sui pro posse suo libenter satisfacie● . what proctors the king imployed to the pope , and what monies they borrowed to promote the kings affaires in the court of rome , concerning the peace with france and other affaires in the . year of his reign , these records will in part discover . rex archidiacono leodiens . salutem . mittimus vobis literas hugoni simonetti dicti mace civis & mercatoris florent . de centum libris à sociis suis in curia romana percipiend . ad expensas vestras . quapropter vobis mandamus , quod una cum dilecto & fideli nostro willielmo bonquer , cui hoc idem mandamus ad praedictam curiam festinanter accedatis , ad negotia nostra quae vobis & ei injunximus diligenter expedienda . literas autem domini papae quas vobis mitti petivistis , per quas dominus papa promisit se missurum nobis legatum si peteretur , & quod nihil immutaret de negotiis nostris , usque adventum solempnium nunciorum nostrorum ad curiam , vobis ad praesens mittere nequivimus , eò quod literae illae fuerunt in anglia , & nos in recessu latoris praesentium apud sanctum andom . caeterum ad expensas archiepiscopi ebredun . de tempore praeterito & futuro , & de servitio faciendo in curia , ac de * feodis solvendis illis quibus tenemur in curia praedicta , ad praesens providere nequivimus , sed cum in angliam revertimus ordinabimus , de aliquibus ad praedictam curiam mittendis qui potestatem habebunt ad praemissa facienda . item sub eadem forma scribitur willielmo bonquer . item literae patentes praedicti hugonis simonetti mace de centum libris liberandis in curia romana praedicto archidiacono , & etiam literae clausae ejusdem hugonis una cum literis regis praefatis archidiacono & willielmo bonquer directis , traditae fuerunt johanni de braban nuncio reginae , eisdem archidiacono & willielmo liberand . memorandum , quod die sanctae margaretae virginis , anno &c. . magister johannes de frussinone restituit regi quandam literam patentem , per quam rex dederat ei potestatem , anno &c. . ad contrahendum nomine regis mutuum . marc. de quibuscunque mercatoribus ad quaedam negotia regis expedienda in curia romana , de quo quidem mutuo nihil recepit . sanctissimo in christo patri & domino a. dei gratia summo pontifici , h. eadem gratia rex angliae , dominus hiberniae , &c. super gratiis multimodis & beneficiis immensis nobis & nostris , necnon willielmo bonquer militi nostro , & aliis nunciis nostris à vestra liberalitate & munificentia favorabiliter impensis , sanctitati vestrae , ad quas valemus assurgimus gratiarum actiones , vobis significantes , quod quanquam pax inter illustrem regem franciae & nos jamdudum praelocuta aliquamdiu cepit dilationem , sicut alias vobis significasse meminimus , ipsam tamen pacem cum ipso rege effectualiter inivimus , & nuper ante festum nativitatis dominicae paris . firmavimus , ad laudem dei et ecclesiae romanae commodum et honorem , prout venerabilis pater h. ebredun . archiepiscopus , th. arch. leodien . & dictus w. bonquer , quos pro negotiis arduis nos & regnum nostrum tangentibus ad vestrae sanctitatis praesentiam transmittimus , vobis poterunt apertius intimare , quibus si placet super hiis fidem adhibere ac favoris gratiam benignitate solita impertiri velitis eisdem . teste meipso apud paris . die decembris , anno &c. . rex r. sancti angeli , &c. salutem . super gratiis multimodis , &c. eodem modo quo papae scribitur omnibus cardinalibus , verbis tamen competenter mutatis . item eodem modo scribitur venerabili cetui cardinalium , verbis tamen competenter mutatis . rex papae salutem , cum reverentia & honore . cum nuncios nostros ad sedem apostolicam dudum misisse proposuissemus , & hoc hucusque distulerimus occasione tractatus pacis inter nos & illustrem regem franciae , jamdiu praelocutae quae nuper paris . circa festum beati nicholai completa fuit penitus & firmata , à cujus consummatione pacis expeditio nunciorum nostrorum versus curiam vestram plurimum dependebat : sanctitatem vestram affectuosè duximus exorandam , quatenus moram dictorum nunciorum occasione praedicta habere dignemini excusatam . nos autem praedictos nuncios nostros ad vestrae sanctitatis praesentiam cum celeritate qua possumus destinabimus , qui negotia nostra paternitati vestrae plenius explicabunt , quos si placet in praemissis recommendatos habeatis . teste rege apud paris . . die decembris , anno . eodem modo verbis tamen competenter mutatis scribitur cardinalibus , & magistris jordano , & arloto , traditae fuerunt literae nicholao vaketi januensi eunti ad curiam , videlicet albo cardinali , fratri h. de sancto caro , domino j. gaitan . dominis & hobon . octomano , & richardo hannibal . the king issued this prohibition to the collectors of the dismes granted him by the pope , not to collect it from his clerks therein named till further order . rex magistro waltero de sudbyr & sociis suis collectoribus decimae in dioc. norwic. salutem . cum nuper de consilio procerum qui sunt de consilio nostro inhibuerimus collectoribus decimae praedictae per angliam , ne fiat aliqua collecta de decima illa sine mandato nostro speciali , donec de hoc et aliis negotiis nostris , pro quibus ad curiam romanam nuncios speciales destinavimus certiorati fuerimus . vobis firmiter inhibemus , ne à magistro h. de wengham , vel ad de cestreton clericis nostris , seu quibuscunque aliis clericis beneficiatis in dioc. praedicta , aliquid ratione decimae praedictae exigatis , donec aliud a nobis super hoc receperitis in mandatis . teste rege apud westm . . die junii . the king by his antient prerogative having the custody of the archbishoprick of york and presenting john mansell to a prebendary in that church , which it seems an italian layd claim to , by pretext of a provision from the pope , and complained that mansell had beaten him at york , for which the pope intended to deprive him of his prebendary ; thereupon the king writ this letter to the pope in defence of the rights of his crown , and on mansells behalf , assuring him that the suggestion against him was false upon his own knowledge . sanctissimo , &c. h. &c. cum ad nos et progenitores nostros temporibus retroactis , dum cathedrales ecclesias regni nostri vacare contigerit collatio praebendarum ac beneficiorum ecclesiarum ipsarum de plano pertinuerit , maxime a tempore quo cathedrales ecclesiae supradictae vacare ceperint , usque ad tempora quibus succedentes episcopi aut electi temporalia quibus sunt hujusmodi praebendarum et beneficiorum advocationes annexae de nostra manu reciperent , prout moris est in regno nostro . ac nos vacante nuper ecclesia eborum , per mortem bonae memoriae sewalli ejusdem loci archiepiscopi , praebendam de fenton , quae tempore vacationis illius vacavit per resignationem magistri j. cancellar . ebor. cui praefatus sewallus receptis à nobis temporalibus ipsam statim contulerat dilecto clerico nostro magistro j. mansell contuleramus , injungentes sibi de consilio & voluntate procerum nostrorum , ne in elusionem juris nostri , juri quod sibi ex nostra collatione fuerat adquisitum cederet , seu aliquatenus renunciaret , per quod res ipsa ad manus cujusquam deveniret , ubi nostri juris derogatio ex alterius collatione sequi vel subesse videretur : sanctitatem vestram rogamus , et requirimus attente , ut cum nostri honoris et juris defensorem vos prae caeteris mortalibus praecipuum reputemus , et primum nostram in hac parte justitiam fovere velitis , non sustinentes ejus subversionem seu laefionem procurari , vel a quoquam subministrari , aut etiam clerico nostro memorato gravamen aliquod super eadem , aut occasione ejusdem inferri . nec si placet , credatis illis qui vobis falso suggesserunt , nos velle praefatum clericum nostrum praebendam illam dimittere , & quod literae nostrae vobis inde porrectae à nostra non emanarunt conscientia , quia negotium istud quod ad coronam et dignitatem nostram pleno jure et consuetudinario pertinet , non possemus etiam si vellemus , absque exhaeredatione nostra , et gravi praejudicio nostro et haeredum nostrorum relinquere indefensum . caeterum cum sanctitatem vestram , nuper per literas vestras intellexerimus motam esse erga praefatum clericum , pro eo quod verberationem cujusdam procuratoris nepotis domini pelestrini quae apud eborum dicebatur facta fuisse , debuerat procurasse , paternitati vestrae praesentibus denotamus , quod si dictus procurator verberatus aut malè tractatus fuerit , dicto loco : eo tempore quo hoc fieri dicebatur , fuit dictus clericus nobiscum london . personaliter nostris inter caeteros negotiis occupatus . placeat igitur sanctitati vestrae ipsum in parte ipsa excusatum habere quem penitus super hoc innocentem novimus & immunem . paternitatem vestram pro certò scire volentes , quod si aliquis inventus fuerit in regno nostro , vel invenire possit hujusmodi verberationis ope vel consensu culpabilis , ipsum tanquam personae , et honoris nostri praecipuum offensorem puniri acriter faciemus . teste , &c. apud sanctum dionis . die januarii , anno &c. . eodem modo & sub eadem forma scribitur cetui cardinalium , & r. sancti angeli diacono cardinali , usque illam clausulam , caeterum cum , &c. the pope and cardinals proceeding in the case of mansell , notwithstanding the kings letters on his behalf , and affirming the cardinals nephew to be lawfull prebend by the popes provision , the king thereupon issued this memorable writ to the lords of his counsil , to engage them and the prince in defence of the antient rights of his crown against the popes usurpations thereon , and to write a letter to the pope to revoke all proceedings at rome , tending to disinherit him and his heirs of their antient right , therein set forth . rex dilectis & fidelibus suis , magnatibus de consilio suo in anglia salutem . cum vacantibus cathedralibus et conventualibus ecclesiis regni nostri in manu vel custodia nostra existentibus , collatio praebendarum , et beneficiorum ecclesiarum ipsarum dum vacaverint secundum morem regni nostri hactenus approbatum ad coronam et dignitatem nostram pleno jure pertineat , in cujus etiam possessione continua hactenus extitimus , nosque vacante dudum eborum ecclesia per mortem bonae memoriae sewal . ejusdem loci archiepiscopi praebendam de fenton . tunc vacantem clerico nostro dilecto , magistro j. mansel contulerimus ; quidam nepos domini prenestrini cardinalis asserens , praebendam illam sibi authoritate apostolica collatam praefatum clericum nostrum super eadem multipliciter impetit , et molestat , et eo ferventius quod archid. richmund . magister johannes de exon. cancellar . eborum , et magister willielmus lovell canonicus de r●ppon , tam nobis quam praedicto clerico nostro inter se opponunt , ad subversionem iuris nostri et exhaeredationem nostram manifestam , asserentes eundem clericum intrusorem esse , et nepotem dicti cardinalis verum ipsius praebendae possessorem . et quia in hujusmodi vacationibus antiquum regni nostri statum immutari aut iura nostra subverti vos etiamsi vellemus minime sustinere deberetis , ac nos nuper domino papae et cardinalibus literas nostras speciales direxerimus pro conservatione iuris nostri in hac parte , qui nec precibus nostris annuere , nec deferre voluerunt ut audivimus , dicentes , literas ipsas praeter nostram et vestram voluntatem et scientiam emanasse . nos perpendentes ex hujusmodi causae processu in curia romana nobis exhaeredationis periculum futuris temporibus imminere , vobis mandamus , quatenus secundum tenorem cedulae praesentibus interclusae verbis competenter mutatis , domino papae et cardinalibus scribatis ; et ad hoc similiter faciendum dilectum nostrum primogenitum edwardum , cujus interest , una vobiscum iura regni nostri tueri diligenter inducatis . mandates nihilominus praedictis archid. cancellar . et magistro w. lovell , quod ab inquietatione praedicti clerici nostri et iuris nostri impugnatione penitus desistant , quodque in parte ista per ipsos temere actum aut attemptatum fuerit confestim studeant revocare , ficut nostram et haeredum nostrorum iudignationem voluerint evitare . teste apud sanctum audom . decimo octavo die maii. anno . sanctissimo , &c. h. eadem gratiâ rex angliae , &c. cum sicut alias sanctitati vestrae seripsimus , ad nos et progenitores nostros temporibus retroactis , dum cathedrales aut conventuales ecclesias regni nostri vacare contigerit collatio praebendarum , et beneficiorum ecclesiaarum ipsarum plene pertinuerit a tempore videlicet quo ecclesiae hujusmodi vacare coeperint , usque ad tempora quibus succedentes episcopi seu alii praelati temporalia quibus erant hujusmodi collationes annexae , de manu nostra receperunt prout moris est in regno nostro . nos vacante dudum eborum ecclesia per mortem bonae memoriae sewall . ejusdem loci archiepiscopi , praebendam de fenton . quae praedictae vacationis tempore vacavit clerico nostro dilecto magistro ● . mansell contulimus , quae tamen nihilominus ut intellximus , authoritate apostolica collata est cuidam nepoti domini penestrini , in gravem laesionem iuris regii , et nostram ac nostrorum exhaeredationem manifestam . cum igitur in hujusmodi vacationibus , antiquum regni nostri statum immutari , aut iura nostra subverti sustinere non possumus , sicuti nec debemus , praesertim cum magnates et vniversitas regni nostri etiamsi nos contemplatione praefati domini cardinalis dissimulare vellemus , hoc nulla ratione sustinerent : sanctitatem vestram iterato requirimus et rogamus , quatenus , cum vos iuris et honoris nostri praecipuum defensorem agnoscamus , ea specialiter in parte ista favere et servare velitis illaesa , * non sustinentes ulterius hujusmodi collationem nostram per dictum nepotem , aut alium seu alios quoscunque aliquatenus impediri , sed dictum clericum nostram ipsius praebendae pacifica juxta regni nostri consuetudinem permittatis possessione gaudere ; scituri si placet , quod ex eo quod hactenus per nepotem dicti cardinalis factum est in hac parte , non modica in regno nostro murmurationes et scandala sunt suborta , prout magister galfridus de everl . clericus noster vestiae paternitatis auribus poterit explicare ; quem in hac parte nostri contemplatione si placet habere dignemini propensius commendatum . teste ut supra . die februarii . sub eadem forma scribitur cetui cardinalium , verbis tamen compenter mutatis . item domino i. sancti nicholai in carcere tulliano , o. sanctae mar. in via lata diac. domino o. sancti adriani , diac. card. domino h. titulo sanctae sabinae presbytero cardinal . item i. sancti laurenc . in lucina presbytero cardinal . item magistro jordano vicecanc . w. bonqueor . & magistro richardo de sancto gorono . the king likewise sent this mandate to his chief justice , not to permit any clerkes presented to benefices or dignities belonging to him , during the vacancies of bishopricks , to be ejected out of them , or molested by any , which was principally intended against such who pretended title to them by provisions from the pope , in opposition to the kings title . mandatum est hugonile bigod justic . angliae , quod richard. de sarr . clericum capellae regis in possessione ecclesiae suae de eston . manuteneat et defendat ; non permittens eum a dicta possessione violenter ejici , nec ipsum nec alios clericos suos in eodem episcopatu de collatione regis tempore vacationis ejusdem beneficia habentes ab aliquibus indebite molestari . et quod districte ex parte regis mandet galfr. de ferring . quod de inquietatione praedictorum clericorum penitus desistat , sicut indignationem regis vitare voluerit in hac parte . teste , &c. apud s. audom . . die marcii . anno &c. . per ipsum regem & johannem mansell . there being a contest between the king and the bishop of ely , concerning two contradictory bulls of the pope , granting those indistinct legacies to the bishop which he had formerly granted to the king towards the recovery of apulia , the bishop deceasing , the king sequestred his goods by vertue of the popes bull ▪ till he & the lords of his council should hear and determin the cause arising upon the construction of those bulls , and the bishops will which they interpreted . rex hugoni le bygod , justic . angliae salutem . cum redemptiones votorum crucesignatorum , & indistinctè legata nobis à sede apostolica in subsidium regni apuliae , dudum fuerunt concessa , & venerabilis pater h. elyensis episcopus consimilem gratiā de indistinctè legatis ab eadem sede ad exhonerationem debitorum ecclesiae suae sibi postmodum asserat esse concessam , ac magistri h. de kilkenny , & guydo rector ecclesiae de byrmyngham , qui se gerunt pro executoribus bonae memoriae w. elyensis episcopi , quamplura bona quae fuerunt ipsius episcopi indistinctè legata distraxerint , & ea adhuc distrahere seu diripere non desistant , ut audivimus , in praejudicium indulgentiae nostrae praedictae . volentes tàm juri nostro quàm juri praefati episcopi si quod habeat in praemissis , cum indempnitate nostra & sua secundum quod tenemur prospicere ; vobismandamus , quod per visum & testim : offic . praedicti episcopi & magistri roberti de melkele , executoris memoratae gratiae nobis factae , omnia bona quae fuerunt praedicti episcopi defuncti de indistinctè legatis ubicunque fuerint & ad quorumcunque manus devenerint , in aliquo salvo & tuto loco custodiri faciatis , asque ad instans festum pentecostes , ut tunc de consilio magnatum nostrorum qui sunt de consilio nostro , sciatur utrum bona praedicta ad nos , vel ad praedictum episcopum , seu ad ordinationem praedictorum executorum debeant pertinere . teste &c. apud noyun . the further proceedings and resolution in this case of the bishop of ely's sequestrations , are thus recorded . provisum fuit die sabbati prox . post festum sancti edmundi martyris apud westm . coram justiciario capitali , episcopo wygorn . philippo basset , i. de crekhale , thesaurario regis , & aliis de consilio regis , quod quia executores testamenti w. quondam elyensis episcopi , protulerunt testamentum ejusdem episcopi , signatum sigillo suo & sigillis episcoporum wygorn . & london . & aliorum executorum ejusdem episcopi eliensis , in quo testamento continebatur , quod plenam potestatem dederat praedictis wygorn . & london . episcopis , magistro henr. de kilkenny , & guidoni de castro barnardi , & coexecutoribus suis de bonis suis omnibus , & de testamento suo disponendi , mutandi , augendi , & minuendi prout saluti animae suae expedire viderint . et quia etiam in dicto testamento plura sunt certis personis & locis assignata , quae nondum sunt soluta , & etiam quia dicti executores securitatem fecerunt regi , per henricum de bathonia , magistrum henricum de kilkenni , & magistrum guidonem de castro bernardi , qui manceperunt coram praedicto justic . & aliis de consilio regis , quod si quid ad regem pertinere debeat de bonis dicti defuncti , inde ei plene respondebunt , inhibeatur per literas regis episcopo elyensi , qui literas apostolicas impetravit de habendis indistincte legatis in testamento praedicto , ne illam prosequatur impetrationem , maxime cum indistincte legata si haberi debeant , prius fuerint regi a papa concessa in regno angliae , & similiter fient literae inhibitoriae decano willensi , & collegae suo , ne aliquid occasione impetrationis episcopi praedicti de bonis praefati defuncti attemptare praesumant , sed sequestrum quod fecerunt , de dictis bonis penitus relaxent . ita scilicet quod in apertione archarum quae signatae sunt authoritate praedicti decani & collegae sui , sint aliqui vel aliquis ex parte regis , per quos constare possit quid in eisdem fuerit contentum , ut visis illis , per haec & alia melius sciri possit si quid inde ad regem debeat pertinere . et si praedicti decanus & collega suus mandatis regis in hac parte non obtemperaverint , aut dictam liberationem faciendam dictis depositariis non denunciaverint , depositarii bonorum praedictorum liberationem bonorum eotundem faciant modo subscripto , videlicet prior sanctae trinitatis london . per visum & testimonium vicecomitum london . prior die bernwell , per visum & testimonium vicecomitis cantebr . prior de ely. per visum & testimonium roberti de insula , magister hospit . de kipier juxta dunolm . per visum & testimonium prioris de finkhale . et mandatum est dictis depositariis & visoribus , quod fideliter constare faciant regi vel h. bigod , justic . angliae , quid & quantum , vel quanti valoris de bonis dicti defuncti sequestratis inventum fuerit , apud ipsos depositarios , & praedictis magistris henrico & guidoni liberatum . rex magistro henrico de kilkenny , & guydoni de castro bernardi , & aliis executoribus testamenti w. quondam elyensis episcopi salutem . cum omnia indistinctè legata in regno nostro & etiam alia in subsidium terrae sanctae legata , ad nos ex indulgentia sedis apostolicae dudum nobis inde concessa totaliter pertineant , & venerabilis pater h. elyensis episcopus & ejus offic . a vobis ut accepimus exigunt utraque hujusmodi legata de bonis dicti defuncti in praejudicium dicti concessionis nobis factae , vobis mandamus super omnia quae habetis in regno nostro districte inhibentes , ne praefato episcopo vel ejus offic. aut aliis quibuscunque aliqua hujusmodi legata de bonis ipsius defuncti solvatis , nec super hiis quae ad nos in hac parte pertinent alicujus examen , in praejudicium dictae concessionis nobis factae absque nostro mandato speciali subire praesumatis . taliter vos in hac parte habentes quod pro defectu vestri ad vos graviter capere non debemus . teste h. le bygod justiciario nostro angliae apud westm . . die novembris . the nobles being highly incensed against adomar bishop elect of winchester , who voluntarily fled out of the realm to avoid their justice and fury , the king thereupon writ this epistle to the pope , to provide for him elsewhere , and not to confirme him in his bishoprick of winchester , to prevent disturbances , scandals , discontents , and preserve the peace of the realm , which ought to be preferred before all private respects and obligations to him . sanctissimo , &c. h. eadem , &c. ea praecipuè pia mater ecclesia providere solet quae & saluti conveniunt subditorum , & scandali materiam tollunt , et dissidii fomitem ac plebis furorem in commune periculum non accendunt . cum igitur adomarus frater noster uterinus qui se gerit pro episcopo winton . regnum nostrum voluntariè sit egressus , cujus praesentiam , etsi jure propinquitatis qua nobis attinet nisi demeruisset deberemus specialiter affectare , commune regni et plebis commodum utilitati praefati a. praeponere cupientes , sanctitatem vestram affectione qua possumus requirimus & rogamus , quatenus ad nostram & regni nostri tranquillitatem , & ad vitandum enorme periculum , quod nobis & regno nostro occasione ipsius posset imminere , praedictum fratrem nostrum ad aliquem alium locum , ubi sine nostra & regni nostri turbatione valeat immorari , ex solita sedis apostolicae clementia velitis , ut ex vestra circumspectione felici regni gubernacula , quae sub tranquillitate ab annis teneris ad tempora moderna consilio & favore ecclesiae romanae deduximus , non contentionis incommodum et dissidii periculum hiis diebus vergere non cogatur . nec si placet adulantium suggestionibus credatis , qui priores literas nostras vobis inde directas praeter voluntatem regiam emanasse dixerunt , quia nunquam vobis adeò acerbè scripsimus quin cordis nostri visceribus acrius inhaereret . propter quod non solum affectione carnali nos agente , verum etiam imminente gravi discrimine , & aliis incommoditatibus praedictis quae cor nostrum non mediocriter exuberant , & conturbant diligenter attentis , malumus & spontanea voluntate praeelegimus fraterna carere praesentia , quàm ea frui solito more , per quod nobis & regno nostro & consorti nostrae liberisque nostris , à quibus nostrae dependet solatium recreationis , intestinae turbationis angustia relinquatur . aliud etiam nos angit intrinsecus , quod praefatus a. nos contra praefatam consortem nostram multipliciter provocavit , & primogenitum à filiali devotione subtrahendo nostrae voluntati contrarium reddidit & rebellem , in continuam nostrae & regni nostri tranquillitatis turbationem , prout venerabilis pater h. ebredun . archiepiscopus , th. leodiens . & willus bonqueor . miles noster , quos ad vestram praesentiam dirigimus vobis poterunt intimare , propterque non absque gravissimo scandalo et periculo evidenti , nec non et propter publicam priorem regni nostri et aliorum tam majorum quam minorum indignationem exigentibus culpis suis , non potest nec debet restitui ad regimen ecclesiae supradictae . teste , &c. per ipsum regem . the king likewise constituted special proctors in the court of rome , to appeal against his brother adamars proctors there , endeavouring his restitution by the popes power or mediation . rex omnibus &c. sciatis , quod dilectum clericum nostrum magistrum richardum de sancto gerono , procuratorem nostrum constituimus ad appellandum à fratre valesco , de ordine fratrum minorum , executore super restitutione adamari , qui se gerit pro winton . electo ad ecclesiam seu episcopatum winton . à sede apostolica , ut dicitur , deputato , ratione nostri juris et interesse , et regni nostri propter quaedam gravamina nobis et regno ab eodem fratre de facto , cum de iure non posset illata , et ad appellandum ne dictus frater de caetero , contra nos ad regnum nostrum seu nostros subditos , aut aliquem seu aliquos eorundem occasione praemissa in nostrum praejudicium et gravamen procedat , salvis aliis appellationibus pro nobis et regno nostro a dicto fratre ad sedem apostolicam interjectis . ratum habentes , & gratum quicquid dictus richardus in praemissis nomine nostro duxerit faciendum . in cujus , &c. teste meipso apud sanctum dionysium in franc. . die januarii , anno regni nostri . p. r. com. glouc. w. com. albemarl . & i. mansell . sanctissimo &c. h. eadem &c. noverit vestra providentia sanctitatis quod nos dilectum clericum nostrum magistrum richardum de sancto gerono , nostrum constituimus & ordinamus procuratorem , ad impetrand . contradicend . & judices eligend . in curia vestra , & specialiter ad impetrand . super appellationibus à fratre valesco . de ordine minorum executore super facto winton . à vestra clementia ut dicitur , deputato nomine nostro ad sedem apostolicam interjectis & qualibet earundem , ratum & gratum habentes quicquid praefatus richardus in praemissis nomine nostro duxerit faciendum . ratis nihilominus manentibus aliis procuratoriis aliis à nobis factis praedicta curia vestra commorantibus . in cujus , &c. teste ut supra . consimiles literas & sub eadem forma habet magister finacus de procuratorio suo videlicet ad impetrand . ut supra . sanctissimo &c. h. &c. noverit vestra providentia sanctitatis quod vos dilectum clericum nostrum magistrum richardum de sancto gerono , nostrum constituimus & ordinamus procuratorem ad prosequend . appellationem , & appellationes à fratre valesco de ordine minorum , executore super facto winton . à vestra clementia , ut dicitur , deputato nostro nomine ad sedem apostolicam interjectam , & interjectas contra ademarum qui se gerit pro winton electo , & ad opponend . se pro nobis & regno nostro baronibus & hominibus nostris contra praedictum ademar . ne restituatur ad ecclesiam seu episcopatum winton . & ne proficiatur eidem . ratum &c. in cujus &c. teste ut supra . item magister robertus de baro , habet divisum tales literas & in eadem forma quales supradicti magister richardus de sancto gernono & magister finatus habent divisim ad impetrand . contradicend . & judices eligend . sanctissimo , &c. rex , &c. noverit vestrae prudentia sanctitatis quod nos dilectos & fideles nostros magistrum angelum canonicum camerarium , & magistrum robertum de baro , nostros constituimus & ordinamus procuratores , utrumque ipsorum in solidum , ita quod non sit potior conditio occupantis ad prosequendum apellationem , & appellationes à fratre valesco de ordine minorum , executore super facto winton . à vestra clementia , ut dicitur , & interjectas , contra ademarum qui se gerit pro winton . electo , & ad opponendum se pro nobis & regno nostro baronibus & hominibus nostris contra praedictum ademarum , nerestituatur ad ecclesiam seu episcopatum winton . & ne praeficiatur eidem . ratum &c. in cujus &c. teste ut supra . consimiles literas & per eadem verba habent magister roberuts de baro , & magister richardus de sancto gerono conjunctim . the king issued this prohibition to the dean of st. pauls london , not to hold plea of any chattels which concerned not matrimony or testament , to the prejudice of his crown and temporal courts . rex decano sancti pauli london . salutem . prohibemus tibi ne teneas placitum in curia christianitatis de catallis , quae gregorius de london . laicus , sicut per quosdam fideles nostros accepimus , exigit coram te in curia christianitatis authoritate literarum domini papae a prioratu de bermundes qui à praedecessoribus nostris regibus angliae fundatus exis●it , nisi catalla illa sint de testamento vel matrimonio , quia placita de catallis quae non sunt de testamento vel matrimonio spectant ad coronam et dignitatem nostram . inhibuimus enim priori & conventui dicti prioratus , ne super hujusmodi catallis ecclesiasticum examen coram vobis vel alio iudice ecclesiastico in praejudicium jurisdictionis ad coronam et dignitatem nostram spectantis subire praesumant . teste rege , &c. de ordinatione walteri de merton . the king issued this writ to the barons of dovor , and other ports , to search for and apprehend all italian clerks and laymen , and all others that should bring any bulls from rome prejudicial to him and his realm , and not to permit any to arrive with horses and armes in the realm , without his special license , and to arrest all such as should there land , till they received further order from him . rex baronibus & ballivis suis dovor . salutem . mandamus vobis in fide qua nobis tenemini firmiter injungentes , quod caute explorari et scrutari faciatis si qui clerici vel laici italici , vel alii cujuscunque ordinis cum bullis papalibus nobis aut regno nostro praejudicialibus applicuerint in portu vestro , et si quos cum hujusmodi literis ibidem applicare contigerit , ipsos cum literis illis ibi arrestari faciatis donec aliud inde praeceperimus . nullatenus etiam permittatis aliquos cum equis & armis ingredi regnum nostrum per portum vestrum sine licentia nostra speciali . et si quos cum equis , & armis applicare contigerit in portu vestro , ipsos cum equis & armis illis arrestari faciatis donec aliud inde a nobis habueritus in mandatis . taliter vos in hac parte habentes , quod pro defectu vestri dampnum in hac parte non incurramus quod vobis possit ant debeat imputari . teste rege apud westmonasterium . die julii . eodem modo mandatum est baronibus per omnes portus . the bishop of london having made a sequestration of the fruits of a benefice in essex , and certain persons by force and armes violating the sequestration , and selling , dissipating and wasting the goods sequestred , the king thereupon by his ecclesiastical prerogative issued this writ to the sheriff of essex to remove and enquire of the force , and imprison such as were found guilty of it , and to permit the sequestration to be further disturbed . rex vic. essex . salutem . monstravit nobis h. london . episcopus , quod cum fructus ecclesiae de finchingfend suae diocesis nuper ob certas causas sequestrasset , quidam maligno spiritu ducti vi & armis dictum sequestrum temerè violarunt , fructus sequestratos ibidem vendendo , dissiipando & consumendo in dei & ecclesiae contemptum & scandalum manifestum . et quia sacrosanctae ecclesiae in querelis suis deesse non possumus , sed potius jura et libertates ejusdem manu tenere et defendere , volumus ut debemus : tibi praecipimus , quod in propria persona tua visis literis accedas ad ecclesiam praedictam , & vim omnem contra dictum sequestrum suum ibidem existentem sine dilatione amoveri facias , non permittens sequestrum illud ab aliquibus ulterius violari , & facta diligenti inquisitione , qui dictum sequestrum ut praedictum est violaverunt , omnes illos quos inde culpabiles inveneris sine dilatione attachies , ita quod habeas corpora eorum coram nobis in crastino sancti jacobi ubicunque tunc fuerimus in angliae , ad respondendum nobis de transgressione praedicta , & habes ibi hoc breve . teste rege apud westm . . die julii . the official of the bishop of durham , and archdeacon of northumberland , citing . burgesses of newcastle upon tyne out of the town , contrary to ancient custome , to remote places , to appear before them at their courts and visitations from day to day , to their great expence , impoverishing , undoing , and enforcing them by ecclesiastical processe and censures to take oathes at their pleasure to answer to , and inquire upon articles against their wills , otherwise then they were accustomed , to their great detriment , and against his royal crown and dignity , the king upon complaint thereof made , issued this memorable severe prohibition to them to forbear such proceedings and oaths for the future . rex offic. episcopi dunolm . salutem . monstraverunt nobis burgenses nostr novi castri super tynam graviter conquerendo ; quod cum ipsi nunquam extra burgum suum ad loca remota coram suis ordinariis comparere consueverint , ad respondendum super quibuscunque articulis , vos ut eos sumptibus et laboribus fatigetis , ipsos vocari faciatis ad loca remota ad respondendum coram vobis super diversis articulis . et jam quadraginta de burgensibus illis citari fecistis quod compareant coram vobis apud derington in crastino sancti jacobi super incertis responsuri . ipsos etiam per districtionem ecclesiasticam compellatis de die in diem ad praestand . sacramenta pro voluntate vestra ipsis invitis , aliter quam facere consueverunt , in grave damnum ipsorum , detrimentum et depauperationem burgi nostri praedicti , ac in praejudicium coronae nostrae et regiae dignitatis . ita quod per hujusmodi compulsiones et injustas citationes , praedicti burgenses nostri tantis fatigantur laboribus et expensis , quod quidem ex ipsis miserabiliter coguntur mendicare . quia igitur tantas injurias tam nobis quam eis illacas diutius sustinere non possumus , sicut nec debemus , vobis sicut indempnitatem diligitis , et ne ad vos graviter capere debeamus , firmiter inhibemus , ne praefatos burgenses nostros per citationes aliquas ad loca trahatis remota , vel eos ipsis invitis compellatis ad aliquas recognitiones seu attestationes per eorum sacramenta faciendas , nisi * in causis in quibus debent et hucusque praestare consueverunt ; scituri pro certo , quod si secus egeritis , dissimulare non possumus quin de consilio magnatum nostrorum festinum remedium ad hoc apponi faciamus . teste rege apud . die julii . eodem modo inhibitum est archid. northumbriae , ne burgenses praedictos per coercionem ecclesiasticam compellat ad praestand . sacramenta coram eo super incertis et indistinctis , aliter quam facere debent , et facere consueverunt , temporibus retroactis . teste ut supra . he likewise issued this memorable writ to the bishop of durham himself , to command his officials and ministers to cease from such oppressions , visitations , articles , oaths and proceedings against these burgesses , contrary to their ancient custom , and against his crown and dignity , as such ecclesiastical usurpations were then reputed . rex episcopo dunolm . salutem . monstraverunt nobis burgenses nostri de novo castro super tynam ; quod cum ipsi nunquam extra burgum suum ad loca remota coram suis ordinariis seu eorum offic. comparere consueverunt , ad respondendum super aliquibus articulis ipsos non contingentibus , quidam offic. et ministri vestri authoritate vestra , burgenses illos , ut eos sumptibus et laboribus graviter fatigent , vocari faciunt ad loca remota ad respondendum super diversis articulis incognitis et ipsos non contingentibus . et quod magister rogerus de siton offic. vester xl de burgensibus illis jam . . citari fecit , quod compareant coram eo apud derington in crastino sancti jacobi , super incertis et indistinctis responsuri . ipsos etiam per cohercionem ecclesiasticam compellit de die in diem pro voluntate sua ad praestandum sacramentum , aliter quam facere consueverunt , in grave dampnum ipsorum , detrimentum et depauperationem praedicti burgi nostri , et in praejudicium coronae nostrae et regiae dignitatis . ita quod per hujusmodi compulsiones et injustas citationes praedicti burgenses tantis fatigantur laboribus et expensis , quod quidam eorum miserabiliter coguntur mendicare . quia igitur tantas injurias tam nobis quam ipsis illatas ditutius sustinere nolumus , sicut nec debemus , vos rogamus , et sub debito fidelitatis et dilectionis quibus nobis tenemini , vobis firmiter injungimus , quatenus praefatos offic. et ministros vestros ab oppressionibus praedictorum burgensium nostrorum de cetero penitus desinere faciatis . ita quod per eosdem offic. & ministros ad loca non trahantur remota , nec ad recognitiones seu attestationes per eorum sacramenta faciendas compellantur . nos enim aliter omittere non possumus quin de consilio magnatum nostrorum festinum remedium ad hoc apponamus . ( it being the kings and nobles duties to relieve the subjects against such vexations , oppressions , illegal oaths and proceedings of bishops and their officials . ) teste , &c. there being a difference between the king and bishop of durham , concerning the sequestred profits of benefices belonging to the bishoprick of karliol , the king by this writ commanded them to be delivered to the bishop . rex abbati de novo monasterio , salutem . quia de consilio magnatum qui sunt de consilio nostro , recognovimus , & reddidimus pro nobis & haeredibus nostris deo & beato cuthberto & venerabili patri waltero dunolm . episcopo & successoribus suis , & ecclesiae suae dunolm . ut jus dictorum episcopi , & ecclesiae suae sequestrum ecclesiarum quas episcopus karleolen . & ecclesia sua habent usibus suis propriis in episcopatu dunolm . asignatas . de quo quidem sequestro totam pecuniam provenientem de duabus vacationibus episcopatus karleolen . prox . praeteritis de consilio praedictorum magnatum per manus vic. nostri northumbriae & johannis de estlington ex parte nostri , et per alias duas ex parte praedicti episcopi colligi praecipimus , et in abbatia vestra sub sigillis praedictorum quatuor reservari , donec inter nos et ipsum discuteretur ad quem vestrum pertinere deberet sequestrum praedictum . vobis mandamus quatenus totam praedictam pecuniam de sequestro praedicto provenientem , & in abbatia vestra depositam praedicto episcopo vel ejus certo nuncio sine dilatione deliberari faciatis . in cujus &c. teste rege apud westm. . die augusti . a controversie happening between boniface archbishop of canterbury and peter de brus , concerning the return of the kings writs in the wapentage of langeberb , the king issued this writ of supersedeas to the sheriff , to suspend all proceedings till the cause should be heard before him and his counsil . rex vic. eborum , salutem . monstravit nobis petrus de brus , quod cum ipse & praedecessores à multis retroactis temporibus habuerint returnum brevium nostrorum in wepentag . suo de langeberb . de omnibus infra dictum wepentag ▪ existentibus , idem petrus occasione cujusdam mandati nostri tibi directi de returno brevium nostrorum habere faciendo b. cantuar. archiepiscopo in terris & feodis suis in balliva tua , impeditus est , quo minus habere possit returnum brevium nostrorum in hiis qua dictum wepentag : contingunt , sicut habere debet & temporibus retroactis habere consuevit . quia vero intentionis nostrae non fuit praedictum petrum vel alium jure aut libertate sua injustè & sine judicio disseisire , tibi praecipimus , quod executioni dicti mandati nostri de praedicto returno faciendo quoad quae sunt in wepentag . praedicto supersedeas usque a die sancti johannis baptistae in unum mensem , ut tunc de consilio nostro utrique parti exhibeatur justitiae complementum . teste rege apud westm . . die junii . per com. glouc. justic . & i. mansell , & alios de consilio regis . the king having presented a chaplain to the chapel of havering , caused him to give security and pledges for the ornaments of the chapel , and faithfull discharge of his duty therein . henricvs de sancto albano capellanus praesentatus ad serviendum in ▪ capella regis beatae mariae de havering , invenit plegios ad servand . ornamenta praedictae capellae sibi commissa , et ibidem fideliter divina celebrare : videlicet , willus de hurst , adam le parker , willus savare , johannes wiger de stapilford , richus le feure de stapilford , willus la persone de stapilford . the bishop of hereford appearing before the king , upon a suggestion that he had proceeded to admit a clerk pending a jure patronatus , against the kings prohibition and right , and none appearing against him , was dismissed , and his dismission thus recorded . petrvs hereford . episcopus comparuit coram rege apud merton . in octab. sanctae trinitatis , ostensurus quare cum rex nuper vacante ecclesia de chetinton eidem episcopo inhibuisset , ne ad praesentationem alicujus personam aliquam ad praedictam ecclesiam admitteret , vel sustineret aliquem clericum possessionem dictae ecclesiae ingredi quousque discussum esset de jure patronatus inter regem , et quosdam alios qui jus regis in advocatione dictae ecclesiae vendicabant , nullus comparuit contra ipsum , & ideo recessit sine die . teste rege apud westm . . die junii . per consilium . the kings promise to preferre one of his queens chaplaines to the next benefice or prebend in his gift , that should fall voyd within the bishoprick of ossory in ireland , is thus registred . rex promisit willielmo capellano reginae , quod si in praesenti vacatione episcopatus ossory in hiberniae , contingat aliquod beneficium ecclesiasticum praebendale vel aliud , spectans ad patronatum dicti episcopatus vacare , rex illud conferet willo praedicto . teste rege apud westm. . die junii . the king writ this letter to the pope on behalf of the bishop of burdeaux duly elected and approved by him , desiring his confirmation of him for the peace and safety of those parts , he having confidence of his fidelity towards him . sanctissimo in christo patri domino a. dei gratiâ summo pontifici , h. eadem gratia , &c. salutem , cum reverentia & honore . cum nuper vacante ecclesia de burdegal . in vasconia , convenientibus ejusdem ecclesiae canonicis ad tractandum de futuri pontificis electione , major & sanior pars ejusdem capituli magistrum fortone archidiac . xancton clericum nostrum , de terra nostra vasconiae oriundum , sibi duxerit in pastorem eligendum , nos ejusdem magistri promotionem eo affectuosius amplexantes , quod sub alis nostris educatus , nostris diutius intendebat obsequiis , & quod tranquillitatem terrae nostrae vasconiae , & relevationem ecclesiae supradictae , variis turbationibus & augustiis retroactis temporibus per insolentiam non mediocriter oppressae , ex ipsius creatione credimus provenire : sanctitatem vestram affectuosè rogamus , quatenus causis supradictis ac personae meritis quam moribus , scientia , circumspectione provida & conversatione laudabili novimus insignitum , ponderatis ac favorabiliter intellectis , ipsum ad sedem apostolicam accedentem specialiter habere velitis recommendatum , gratiam quam circa electionem de eo factam secundum deum et justitiam poteritis nostrae petitionis obtentu , favore benevolo eidem impendentes , ut pro eo quem meritis suis exigentibus apud vos favore benevolo prosequimur , vobis assurgere debeamus ad uberrimas gratiarum actiones . teste rege apud westm . die maii. per h. le bigod . justic ▪ the bishop of durham had further day given him concerning his sequestration of the benifices of the bishoprick of carlisle within his diocesse , of which before , p. . memorandum quod dies datus est episcopo dunolm . à die s. johannis baptistae in unum mensem super sequestro ecclesiarum episcopi karleolen . in episcopatu dunolm . i a quod illud negotium interim remaneat in eodem statu , in quo nunc est . teste rege apud westm . . die maii. walterus de merton . praecepit istam irrotulationem . the bishop of lincolns official in his absence committing the profits of a benefice , belonging to the king by the vacancy of the bishoprick of winchester , to which the king had presented his clerk , to the kings prejudice and disinheritance , thereupon the king issued this writ to the bishop , to right him against this prejudice . rex episcopo linc. salutem . cum nuper audita morte petri russinol , dilectum clericum nostrum wybertum de kanc. vobis praesentaverimus ad ecclesiam de adberbur . vacantem per mortem ipsius petri , quondam ejusdem ecclesiae rectoris , & ad nostram donationem spectantem ratione episcopatus winton . in manu nostra existentis , & vos tunc in partibus franc. nobiscum agentes ad nostram praesentationem literas vestras de inquisitione archidiacono oxon. directas praefato . clerico nostro dederitis , ut inquisitionem inde factam magistro roberto de marisc . decano linc. cui vices vestras in admissionibus & institutionibus praesentatorum commisistis , ut dicitur reserret praefatus archidiaconus oxon. ad praesentationem magistri galfridi de feringes , qui se gerit pro offic. adomari , quondam winton . electi , waltero de briche clerico , in coronae et dignitatis nostrae laesionem , et juris nostri praejudicium manifestum , custodiam ejusdem ecclestae usque ad pascha commisit . quapropter vobis mandamus rogantes , quatenus cum ad vos pertineat subditorum vestrorum excessus corrigere , id quod praefatum archidiaconum , contra nos & praedictum clericum nostrum , taliter attemptatum est in hac parte sine dilatione revocare curetis , juri nostro , & praefati clerici nostri super praemissis , tam prudenter & celeriter provisuri , quod per omissionem seu dissimulationem vestram , nobis aut haeredibus nostris dampnum vel exhaeredationis periculum futuris temporibus nequeat imminere . teste , &c. apud s. audom . die martii , anno &c. . mandatum est hugoni le bigod justic . angliae , quod cum rex nuper ratione episcopatus winton . vacantis , & in manu regis existentis contulerit , prout moris est in regno argliae , dilectis clericis suis wyberto de kanc. ecclesiam de alberbur . & willielmo de sancto gorono ecclesiam de stok , vacantes per mortem quondam petri ruffiaol . ac quidam sicut rex intellexit , in elusionem et praejudicium juris sui , praefatos clericos suos impediunt quo minus assequi possint possessiones ecclesiarum praedictarum . mandatum est praefato justic . quod si quam resistentiam aut impedimentum aliquod contra eosdem clericos super possessione ecclesiarum praedictarum , invenerit , idem iustic . juris regis conservationi taliter in hac parte celeriter prospiciat , quod regiaut praefatis clericis nullum praejudicium seu dispendium inferatur , maxime cum ex hujusmodi impedimento et resistentia regi et haeredibus suis , processu temporis gravis posset exhaeredatio provenire . teste , &c. apud lusarch . . die januarii , anno &c. . the pope having vacated the election of the bishop elect of glasgo in scotland , and thereupon by his papal provision and power consecrated another to be bishop , against the king of scotlands will , he and his cardinals writ to the king of england , to write to the king of scotland to restore the temporalties to him without opposition ; whereupon the king writ thus to the king and queen to perswade them to comply with the pope without resistance , unlesse he could shew him some good right and reason to the contrary , and then he would acquiesce . the pope then alleaging a right to present by provision to all bishopricks whose elections he was pleased to null by right or wrong . rex regi scociae , salutem . dum dudum postulatione de magistro nicholao archid. de tyndal in ecclesia glasg . facta , et postmodum per se●em astolicam cassata , dominus papa ad quem occasione dictae postulationis cassatae spectabat dictae ecclesiae providere , magistrum johannem de cheyham in episcopum loci consecravit , ac idem dominus papa per literas suas , quarum transcriptum vobis mittimus , nec non et omnes cardinales nos specialiter rogaverunt , quod erga vas partes nostras interponere curaremus , ut praefato episcopo qui plenam habet administrationem spiritualium , ut audivimus , temporalia sua restitui faceretis . nos quamquam honori & indempnitati vestrae tanquam propriae desideramus ut convenit providere , videntes tamen , quod id quod per dominum papam super praemissis actum est non poterit infirmari , dilectioni vestrae bona fide duximus consulendum , quatinus eidem episcopo liberaliter in hac parte faciatis quod ei secundum deum et iustitiam fuerit faciendum . et si videremus quod huic negotio de jure possetis resistere , aut aliquod commodum ex ipsa resistentia reportare , nos pro eodem episcopo , licet de regno nostro oriundus existat nihil vobis super hoc scripsissemus . teste rege apud sanctum audom . . die martii . anno &c. . eodem modo scribitur reginae scoc. roberto de bruys , & toti consilio scotiae , tamen competenter mutatis . the bishop of saint andrews in scotland , having procured some bulls from rome prejudicial to the king of scotland , and dishonourable to the king of england , he thereupon issued these mandates to the barons of dovor and other cinque-ports , not to permit him to land in england , nor any other of his enemies coming from beyond the seas or parts of scotland , and to arrest ▪ them till further order . baronibus & ballivis suis dovor . & aliorum quinque portuum salutem . quia magistri g. episcopus sancti andr. de scot. quaedam impetravit in curia romana in exhaeredationem dilecti et fidelis nostri a. regis scoc. illustris , qui filiam nostram duxit in u●orem , non sine nostro et ipsius regis scandalo et dedecore manifesto ▪ propter quod sustinere nolumus quod regnum nostrum ingrediatur , ad explorandum adventum ipsius episcopi et suorum et aliorum aemulorum nostrorum venientium de partibus transmarinis , aut de partibus scotiae mittimus ad vos w. de n. varlettum nostrum , vobis in fide qua nobis tenemini mandantes , quod eos omnes arrestare faciatis prout idem w. vobis injunxerit ex parte nostra donec aliud inde à nobis habueritis in mandatis . teste , &c. a priory whereof the king was founder being much indebted , the king by this writ enabled the prior to improve a great wood and wast held in feefarme , and turn it into arrable , alotting the commoners a sufficient proportion of common , for the benefit of the priory . egidio de edrington , & aliis salutem . cum prioratus de n. à progenitoribus nostris regibus angliae fundatus variis debitorum nexiis & oppressionibus involvatur , propter quod utilitati prioratus ejusdem piae compassionis affectu salubriter prospicere praeoptamus , & de boseo vasto extra villam de n. quod prior & com. de n. tenent ad feodi firmam de rogero de monte alto grande possit commodum , si redigeretur in culturam dicto prioratui pervenire ; vobis mandamus , quod vos ambo vel alter vestrum qui ad hoc citius vacare potuerit , ad boscum vastum illud personaliter accedatis , & viso bosco vasto illo convocatisque propter hoc coram vobis omnibus compatriotis vicinis , jus aut proprietatem ratione communi vel aliter sibi vendicantibus , ibidem diligenter provideatis , quod assignata praedictis vicinis & compatriotis rationabil . commun . secundum quantitatem terrarum & tenementorum suorum adjacentium , dicti prior & conventus totum residuum bosci & vastae praedicti in usus praedictorum prioris & conventus converti possit , ad exhibendum & alias faciendum quod suo commodo magis viderint expedire ; taliter vos habentes in hac parte ( quod ) merito commendare possimus . mandavimus enim vic. nostro de n. quod ad certos diem & locum quos ei scire feceritis praedictos vicinos & compatriotas propter hoc venire faciat coram vobis . in cujus , &c. teste , &c. the bishop of norwich refusing to take caution of one taken and imprisoned by the sheriffe upon a capias excommunicatum , the king thereupon issued these writs to the bishop and sheriffe , to receive his caution and release him . rex norwic. episcopo salutem . ostensum est nobis ex parte eustachii de kyneburl . quem per literas vestras patentes secundum consuetudinem angliae per corpus suum tanquam claves ecclesiae contemnentem praecepimus justiciari , quod licet vobis frequenter se obtulerit stare mandatis ecclesiae ut tenetur , vos tamen cautionem legitimam ab eo admittere recusastis , de quo miramur quamplurimum et movemur . et ideo vobis mandamus , quod recepta ab eo hujusmodi cautione , ipsum eustachium à dicta prisona liberari mandetis . quod nisi feceritis , mandavimus vic. nostro norff. quod vos ex parte nostra moneat & inducat , quod dictum eustachium in dicta forma deliberari faciatis , alioquin cautionem illam ab eodem eustachio extunc recipiat , & ipsum à prisona praedicta faciat deliberari . teste rege apud merleburb . . die septembris . rex vic. norff. salutem . ostensum est nobis ex parte eustachii de kyneburl quem per literas norwic. episcopi patentes secundum consuetudinem angliae , per corpus suum , tanquam claves ecclesiae contempnentem praecepimus justiciar . quod licet eidem episcopo frequenter se obtulerit stare mandatis ecclesiae , ut tenetur , dictus tamen episcopus cautionem legitimam ab eo admittere recusavit , de quo miramur quamplurimum , et movemur ; propter quod mandavimus episcopo praedicto , quod recepta ab eodem eustachio hujusmodi cautione , ipsum à prisona praedicta , mandet deliberari . quod nisi fecerit , tu ipsum ex parte nostra moneas et inducas , quod dictum eustachium in forma praedicta deliberari faciat , alioquin cautionem illam ab eodem eustachio extunc recipias , et ipsum a prisona praedicta facias deliberari . teste ut supra . the king being supream ordinary and judge in such cases . the proctors of griffolino , the nephew of arlot an italian , being disturbed in their possession of the church of ouston , the king issued this writ to the chief justice of england , to secure him , and his proctors in the quiet possession thereof , without harm or injury . rex hugoni le bygod , justic . suo angliae salutem . cum vacante nuper ecclesia de ouston in insula de haxiholme , per mortem magistri johannis de essingwold quondam rectoris ejusdem , qui decessit london . johannes mansell thes . eborum contulerit ecclesiam illam griffolino nepoti magistri arloti , notarii domini papae , & quendam hominem nomine ipsius griffolini in eadem ecclesia infra quartum diem post decessum praedicti magistri johannis posuerit , & postmodum quendam procuratorem ejusdem griffolini in corporalem possessionem dictae ecclesiae fecerit induci , ac rogerus de munbray secundum quod coram nobis & vobis & praefato johanne mansell nuper promisit london . quosdam qui in praejudicium dicti griffolini , & perturbationem possessionis suae praedictae in dictam ecclesiam se intruserunt , amoverit ab eadem , & eidem jam mandaverimus quod ipsos seu alios qui jam de novo ingressi sunt ecclesiam illam & domos ad eam spectantes , & se teneant in eisdem non permittentes dictum procuratorem aut alium nomine dicti griffolini possessionem dictae ecclesiae aut ad ipsam pertinentium obtinere , sine dilatione aliqua amoveat ab cisdem , & procuratores ipsius griffolini una cum illis qui eis ex parte dicti johannis assistent in possessione dictae ecclesiae & pertinentium ad eandem , manuteneat & defendat , vobis mandamus firmiter injungentes , quod nisi praefatus vel ballivus summus insulae praedictae id fecerit , vos id fieri faciatis . ita quod procuratores praefati griffolini , una cum illis qui ex parte praedicti johannis assistant , manuteneantur & defendantur in possessione praedictae ecclesiae & pertinentium ad eandem . et quod nulla eis injuria aut molestia inferatur in hac parte . teste rege apud winton . . die augusti . the king also issued the like writ to the sheriffe , to put his proctor into possession of the church , and to attach and imprison all those that should resist him . cum dilectus & fidelis noster johannes mansell , thes . eborum authoritate apostolica contulerit griffolino nepoti magistri arloti domini papae notarii ecclesiam de ouston , quae est de patronatu prioris & conventus de novo burgo , & quendam hominem suum in eadem ecclesia nomine ipsius griffolini infra quartum diem post mortem magistri johannis de esingwand quondam rectoris ejusdem , qui nuper decessit london . posuerit , & postmodum procuratorem ejusdem griffolini in corporalem possessionem ejusdem ecclesiae fecerit induci . ac quidam manu armata jam ingressi sint ecclesiam illam & in ea se teneant , non permittentes dictum procuratorem , vel alium possessionem dictae ecclesiae nomine praefati griffolini obtinere . tibi praecipimus , quod in propria personatua sine dilatione accedas ad ecclesiam supradictam , & procuratorem praedicti griffolini manuteneas & defendas ; & omnes illos quos resistentes inveneris attachies , ita quod corpora eorum habeas coram nobis in crastino sancti jacobi apostoli ubicunque tunc fuerimus in angliae , ad respondendum de transgressione praedicta , & habeas ibi hoc breve . teste rege apud westm . . die julii . per justic . johannem mansell , in eadem forma fieri praecepit . eodem modo mandatum est rogero de munbray . by this we may discern what power arlot and his nephew had with the king and his officers . the monks of st. swithins at winchester by reason of the afflictions and troubles of their house being disabled to abide there in quiet , or to addict themselves to contemplation and devotion , the king thereupon issued these writs to several abbots to entertaine some of them in their houses , till their afflictions and troubles were ended . rex abbati & conventui rammesey salutem . cum prioratus sancti swithini winton . à praedecessoribus nostris regibus angliae fundatus , diversis litigiis & aliis afflictionibus & adversantibus , jamdiu extiterit adeo perturbatus & praegravatus , quod monachi ejusdem domus contemplationi debitae juxta ordinis fui exigentiam nequeunt ibidem quietè intendere ut tenētur , sicut satis nostis , cupientes ad ipsorum tranquillitatem laborare , dilectionem vestram affectuosè rogamus , quatenus robertum de vrnilla monachum dictae domus admittere velitis commorandum vobiscum , ut divino cultui quietius & devotius vacare possit , quousque de statu dicti monasterii sui salubrius provideatur . tantum facientes in hac parte quod vobis exinde ad speciales teneamur gratiarum actiones . teste rege apud windes . . die augusti . eodem modo scribitur abbati & conventui petri glouc. pro johanne de v●i●ill● , monacho winton . eodem modo scribitur abbati & conventui de malmysb● . pro willo de s●nite , monacho winton .. lewellyn prince of wales , having against his * truce and oath entered into england , and wasted churches , monasteries with fire and sword , taken , detained divers lands and castles of the kings and earl of glocesters , the archbishop of canterbury thereupon issued this mandate to the bishop of wales to excommunicate him and his complices , and interdict their lands , till restitution and competent satisfaction given for those injuries . b. permissione divina cautuar . archiepiscopus , totius angliae primas , venerabili in christo patri i. dei gratia landavensi episcopo , salutem , & sincerae fraternitatis in domino semper augmentum . ad nostram noveritis audientiam pervenisse , quod cum inter serenissimum dominum h. dei gratia regem angliae illustrem , & suos ex una parte , & lewellinum filium griffini & complices suos ex altera , usque ad certum tempus treugae initae & juramento ab utraque parte interposito firmatae fuissent , nuper quidam complices & fautores lewellini praedicti nondum finitis treugis memoratis maligno spiritu concitati , terram praedicti regis angliae , & suorum hostiliter invadentes , ecclesias & monasteria crudeli incendio destruxerunt , & homicidiis atque rapinis ausu sacrilego in eis violata immunitate ecclesiastica nequiter perpetratis pacem regni angliae , & praedictarum conventionem treugarum perturbare , & frangere praesumpsêre , contra ea quae pro observatione pacis regni angliae in oxon. consilio provide sunt statuta temerè veniendo . quia vero tantorum facinorum patratores , ac illi quorum mandato , ope vel concilio praedicta maleficia sunt commissa , ipso facto sunt excommunicationis vinculo innodati , fraternitati vestrae in virtute obedientiae firmiter praecipiendo mandamus , quatenus in civitate vestra et diocesi praedictos sacrilegos , et illos qui eis in praedictis sceleribus perpetrandis opem vel consilium impenderunt , publice vel occulte singulis dominicis et festivis pulsatis campanis , accensis candelis tam diu excommunicatos nuncietis , et nunciari sollemniter facietis , donec de praemissis satisfactionem impenderint et absolutionem meruerint obtinere . ad haec cum praefatus lewellinus et complices sui terras , villas et loca nobilis viri r. de clar. com. glouc. in diocesi vestra durantibus treugis memoratis juramento firmatis occupaverint violenter ; et adhuc detineant occupata , et postmodum cum venerabilis frater dei gratia bangorensis episcopus pro pace inter dominum regem & dictum lewellinum tractanda apud london . venisset personaliter , quidam wallenses non sine conniventia dicti lewellini vel mandato ut creditur , castrum dicti domini regis de bu●lt . ceperunt proditionaliter , & homines ejusdem castri quod adhuc sic detinent occupatum , furore diabolico contra continentiam occiderunt treugarum . quia igitur verisimile manifestè videtur , occupationem dicti castri & aliarum terrarum ac praedictorum perpetr●tionem facinorum de mandato vel voluntate ejusdem lewellini processerunt , personaliter accedentes ipsum moneatis sub testimonio competenti & efficaciter inducere studeatis , vel infra octa● as instantis assumptionis beatae mariae post monitionem vestram , quam si sui copiam denegaverit in ecclesia landavensi publicè proponatis , domino regi & suis dictum castrum , terras , villas et loca contra treugas per ipsum & suos taliter occupata sine difficultate restituat & restitui faciat , & de dampnis & de injuriis illatis eis satisfaciat competenter . quod si monitis vestris parere contempserit , cum malum cui non resistitur approbetur , nec careat scrupulo societatis occultae qui manifesto facinori desinit obviare , vos extunc in poenam ipsius qui culpa se ostenderet non carere , omnes terras , villas et loca ditioni et potestati suae supposita , nec non omnes terras , villas et loca quas vel quae per se vel complices suos durantibus treugis supradictis occupavit in diocesi vestra interdicto ecclesiastico supponentes , faciatis illud usque ad condignam praemissorum satisfactionem excessuum inviolabiliter observari . inhibentes districtius , ne in eisdem terris , villis et locis ditioni et potestati suae suppositis , seu per ipsum et complices suos durantibus treugis praedictis contra formam eorundem occupatis , sacramenta ecclesiastica praeterquam neceffaria ministrentur . quid autem super hiis feceritis nobis per vestras patentes literas rescribatis . dat. apud lambit● in festo beati petri ad vincula , anno dom. . literae archiepiscopi cantuar. directae landavensi & menevensi episcopis traditae fuerunt com. glouc. transmittendae eisdem episcopis , & literae ejusdem archiepiscopi directae bangoren . & de sancto asapho episcopis , liberatae fuerunt nicho. wallen . & guidoni , nunciis regis deferend . r. de mortuo mari , ut eis mitti faciat eisdem episcopis . the church of york being involved in very great debts , like to ruine it , the king at the archbishops request , as patron thereof , issued this patent to the archbishops tenants of rippon and octely , exhorting them to a liberal contribution towards the discharge of these debts . rex probis hominibus venerabilis patris g. eborum archiepiscopi de rippon . & de octely , salutem . cum ecclesia eborum , a nostris fundata progenitoribus , importabili debitorum sarcina per diversas adversitates & causas adeo sit depressa quod nisi maturiori providentia prospiciatur eidem , poterit sibi irreparabile dispendium imminere . nos ejus afflictioni pio compatientes affectu , fidelitatem vestram , de qua plenam in hac parte reportamus fiduciam , requirimus & hortamur , propensius rogantes quatenus ad relevationem ejusdem ecclesiae quae tantis dinoscitur subjacere periculis animos inclinantes , talem succursum & tam competens auxilium quod etiam vos deceat , & tantae necessitati conveniat , praefato archiepiscopo domino vestro semotâ difficulte qualibet conferatis , pro quo tàm à nobis quàm ab ipso in agendis vestris pro loco & tempore specialem gratiam reportare debeatis & favorem . teste rege apud westm . . die maii. what authority rostand and the popes agents , by the kings permission , took upon them to grant pensions to the popes chaplains and creatures at rome , out of the kings exchequer , till promoted to benefices in england , and to make them the kings chaplains , and how the king by his letters patents confirmed and augmented their stipends , will evidently appear by this patent . rex omnibus , &c. noveritis quod cum venerabilis pater tarent . archiepiscopus , & magister rostandus , quondam domini papae capellanus , nuncii nostri nuper in curia romana pro quibusdam negotiis nostris procurandis , ibidem de mandato nostro , discretum virum magistrum umber●um de coquinato ▪ domini papae capellanum receperint in clericum nostrum , assignantes ei annuum feodum viginti marcarum annuatim percipiendum ad scaccarium nostrum , in quindena annunciationis dominicae , donec ei providerimus in beneficio ecclesiastico competenti : nos assignationem feodi praedicti ratam habemus & acceptam . in cujus , &c. teste &c. paris . die decemb. anno , &c. ista litera facta fuit in anglia & sigillata de decem marcis & paris . scripta & sigillata novo sigillo & augmenta de aliis decem marcis . per archipiscopum tarent . r. com. glouc. p. de sabaud . & i. mansell , & tradita fuit praedicto w. bonquer . deferenda praedicto umberto ad curiam romanam . john walerand clerk , being an accountant to the king as his escheator and custos of the vacancies of the bishoprick of ely , the abby of st. edmunds , and other bayliwicks , and refusing to account ; the king thereupon issued writs to several bishops , to sequester all his ecclesiastical benefices and promotions within their diocesses till he accounted , under pain of seising their temporalities in case of neglect , for he would not be cheated . rex venerabili patri h. elyensi episcopo vel ejus offic. salutem . cum johannes walerand , frater roberti walerand , teneatur nobis in pluribus computis raciociniis & debitis non modicis de tempore qua fuit escheat ▪ noster citra trentam , & de custodiis episcopatus elyen . abbatiae sancti edmundi & de aliis pluribus ballivis quas de nobis habuit , dum fuit in servitio nostro . et idem johannes à nobis super hoc pluries requisitus compotos & debita praedicta nobis reddere recusaverat . vobis mandamus in fide qua nobis tenemini firmiter injungentes , quod beneficia ecclesiastica quae praefatus johannes in diocesi vestra obtinet sine morae dispendio sequestrari faciatis , quousque compotos et raciocinia de ballivis praedictis nobis secundum consuetudinem regni nostri reddiderit , et satisfecerit nobis de debitis quae nobis debuerit . tantum facientes in hac parte quod ad temporalia vestra pro defectu vestri manum apponere non cogamur , cum nullatenus defraudari velimus hiis quae ad nos pertinent in hac parte . teste rege apud winds . . die octobris . per ipsum regem & justic . & robertum walerand . eodem modo mandatum est episcopis wygorn . linc. coventr . & litchfeld . bathoniens . & wellens . the king having assigned a debt to be paid out of the bishoprick of ely to a forreign merchant , by john walerand , and he assigning and obliging the profits of his church of middleton within the diocesse of york for three years , to satisfie the same , and yet forceably ●●ting the assignees within the term , whereby they could not levy this debt , the king thereupon issued this writ to the archbishop of york , to put the assignees in possession of the profits till the debt was satisfied . rex archiepiscopo eborum angliae primati salutem . cum dudum commiserimus roberto walerand . & johanni walerand . fratri ejus episcopatum elien . custodiendum in vacatione sua , & de exitibus ejusdem assignaverimus reymundo baykeyn , civi & mercatori burdeg . quadringentas mar. percipiendas per manum ipsius johannis , in solutionem debitorum quae ei debuimus : & idem johannes , pro eo quod non acquietavit nos de praedictis quadringentis marcis versus praedictum reymundum , obligaverat ecclesiam suam de middleton vestrae dioc. ad solutionem dictae pecuniae , & eam commiserit & concesserit willielmo de ha●se capellano , & henr. purcell , clerico tenendum per triennium ; ita quod fructus ejusdem ecclesiae per tempus illud colligerent & venderent , & inde levarent praedictam pecuniam ad acquietandum inde nos & praedictum robertum versus ipsum r●ymundum ; ac praefatus johannes infra terminum praedictum expulerit praefatos capellanum & clericum ab ecclesia praedicta contra obligationem suam , non permittendo ipsos administrationem de fructibus & proventibus ejusdem ecclesiae habere ad dictam pecuniam inde levandam : vobis mandamus quod dictam ecclesiam sine morae dispendio sequestari faciatis ; ita quod praedicti capellanus & clericus administrationem habeant de fructibus & proventibus ejusdem ecclesiae ad praedictam pecuniam inde levandam & solvendam praedicto edmundo in acquietationem debitorum praedictorum secundum formam obligationis praedictae . tantum facientes in hac parte quod ad temporalia vestra pro defectu vestri manum apponere non cogamur , nullatenus ( enim ) defraudari velimus hiis quae ad nos pertinent in hac parte . teste ut supra . the kings former chaplain having deserted his service in the chapple of merewell , the king thereupon granted the cure and stipend thereto belonging to another of his chaplains , who would detain the cure , by this writ . quia sicut rex intellexit , thomas de guldeford , capellanus qui in capella de merewell , divina celebrare consuevit alibi commoratur , ad serviendum ibidem ulterius non proponens , mandatum est nicholao de handlo , custodi episcopatus winton . quod willielmum de guldeford , capellanum regis quem rex propter servitia sua diutina regi impensa recommendatum habet loco praedicti thomae , admittat divina celebraturum in capella praedicta , faciens sibi assignari eadem stipendia quae praefatus thomas ibidem deserviendo percipere consuevit . teste rege apud windes . . die octobris . the king to reward some services done him by an escheater in ireland , granted him one or more ecclesiastical benefices which should there next fall void within his gift to the value of . marks by the year . rex omnibus , &c. sciatis quod pro laudabili servitio quod willus de bakepuz . escaetor noster in hibernia nobis impendit , concessimus ei , quod in uno vel in pluribus beneficiis ecclesiasticis quae ratione episcopatuum , abbaciarum vel prioratuum nunc in hibernia vacantium vel vacaturorum conferre poterimus , usque ad summam quinquaginta marcarum quam citius se facultas obtulerit , providebimus eidem . in cujus , &c. teste rege apud westm. . die ju●●● . per ipsum regem , & episcop . london . praec . the king receiving contrary certificates from ireland , concerning the election of the bishop of elfin , and giving his royall assent to the archdeacon of clon elected before his congedes●ier ▪ which election was nulled before he heard any contradiction against it , upon the second certificate , he ordered the second person elected by his license to be consecrated , by this patent to the archbishop of tuam , to whom he referred the examination of this matter , and to certifie him , which of them he ought to admit as bishop . rex tuamensi archiepiscopo salutem . cum nuper vacante ecclesia elfinensi capitulum ejusdem ecclesiae petita & obtenta licentia nostra milonem archid . clonens . suum sibi in episcopum elegisset , sicut per literas patentes ejusdem capituli nobis directas innotuit . et nos postmodum nemine reclamante seu contradicente ipsius electioni , prout moris est regium praebui●●●mus assensum , demandantes , vobis ut quod vestrum esset in hac parte faceretis , ita quod si per vos praedicta confirmaretur electio justic . hiberniae sibi temporalia sua , salvo jure nostro restitueret decanus , archid. thes . & praepositus ejusdem ecclesiae thomam abbatem de bu●lico ordinis cisterc . electum suum per literas patentes sigillis eorum & communi sigillo ecclesiae suae signatas nobis postmodum praesentarunt , asserentes , electionem quae de praedicto archid. non expectata licentia regia prius inordinate facta fuerat , prout per literas vestras pat. plenius intelleximus , authoritate vestra , et ob causas rationabiles fuisse cassatam ; et licet propter contrarietatem electionum hujusmodi , et literarum repugnantiam merito haesitare possimus , quis eorum praeferri debeat , tanquam verus electus , nos tamen literis vestris adhibentes in hac parte electioni de praedicto abbate factae regium fidem adhibuimus assensum , ita videlicet quod de meritis praedictarum electionum plenius cognoscentes , quod vestrum fuerit in hac parte exequamini significantes nobis quem electorum illorum sine iuris injuria admittere debeamus . teste , &c. . die aprilis . annno , & cs the official of the archbishop of dublin elect having in the absence of the archbishop at rome , by his authority confirmed the election of the bishop of ossery , & the king receiving two certificates thereof , he thereupon issued this patent for restoring the temporalities of the bishoprick to him , having received his fealty . rex justic . hiberniae vel ejus locum tenenti & magistro willo de bakepuz . vel ejus locum tenenti salutem . cum magister willus de hattingell , officialis dublinensis archiepiscopi electionem de magistro de galfrido de sancto leodegario in episcopum ossor . per decanum & capitulum sancti ka●iti kilkenn . celebratum , authoritate praedicti archiepiscopi domini sui in curia romana agentis confirmaverit , sicut per literas patentes praedicti offic. et literas episcoporum middens . et darens . nobis exhibitas plenius intelleximus ; nos accepta a praedicto electo fidelitate nobis debita in hac parte , praedictum episcopatum cum pertinent . ei reddidimus . et ideo vobis mandamus quod eidem electo de episcopatu praedicto cum maneriis & omnibus aliis possessionibus & temporalibus ad ipsum pertinentibus & in manu nostra existentibus plenam seisinam sine dilatione habere faciatis . in cujus , &c. teste rege apud merewell , . die augusta . how grievously the english clergy , nobility , and commons were insulted over and oppressed by the poictovins and romans , and what opposition the nobles at last made against them anno h. . matthew paris thus relates . eodem tempore , regis fatuitate et desidia in multis opprimebatur anglia dominatione pictavensium et romanorum . et praecipuè eimeri wintoniensis electi , willielmi de valentia fratris regis uterini , & petride sabaudia avunculi reginae , qui inciviliter tàm religiosos regni tractabant , quàm alios saeculares . si quis autem injuriam passus , ad ipsius willielmi senescallum accessisset , justitiam petiturus , hujusmodi responsa reportabat : si ego tibi injuriam facio , quis tibi rectum faciet ? dominus rex vult quicquid dominus meus vult , sed non è diverso . sicque nec regi , nec magnatum alicui reverentiam deferebant . dominabantur etiam his diebus et romani , et eorum legati in anglia , tam laicis , quam ecclesiasticis , super advocationibus ecclesiarum multa gravamina inferentes , providentes suis beneficia ampla vacantia , pro suae arbitrio voluntatis : episcopos , vel abbates , aliosque religiosos contradicentes , excommunicationis sententia innodantes . vnde contigit ut magnates de tanto supercilio indignati , licet sero , ad remedium apponendum surrexerunt , et alienigenas de regno fugere compuleruut : non tamen omnes , sed praecipuè pictavenses . mandaverunt insuper dicti magnates viris religiosis , qui tenebant ad firmam ecclesias romanorum , ne de firmis eorum eis responderent , sed dictas firmas et redditus darent suis procuratoribus , die et loco per barones assignatis . quod si aliter facerent , sua incendio subjacerent , et nihilominus periculum , quod romanis parabatur , ipsi in personis suis sentirent . idem mandatum dederunt episcopis , ne quisquam de romanis et eorum redditibus interponeret , sub poena primitus intentata . hac provisione baronum , quievit anglia ab exactoribus fere per triennium , donec idem simon de monte forti morte succubuit , martyrio , prout creditur , coronatus . king henry in the . year of his reign , issued this writ and forme of prohibition to the archbishop of canterbury and his official , and to the bishops of london , worcester , lincoln , and their officials , and the official and archdeacon of winton , upon no pretext whatsoever to draw any clerk of his presentation within the diocesse of winton , to be impleaded out of england , in violation of his priviledge and rights , under pain of being proceeded against as violators and impugners thereof . rex magistro constantino offic. venerabilis patris b. cantuar. archiepiscopi in dioc. winton . salutem . cum nobis a sede apostolica specialiter sit indultum , ne illi de regno nostro authoritate apostolica extra illud trahantur in causam , vobis districte prohibemus ne praetextu alicujus mandati vobis directi clericos nostros beneficia ecclesiastica in diocesi winton . ex praesentatione nostra obtinentes , citetis ad comparendum coram quocunque iudice extra regnum praedictum , nec aliquod mandatum contra ipsos exequi praesumatis , in derogationem seu elusionem indulgentiae memoratae . maxime cum ipsi parati sint infra regnum nostrum in omnibus stare juri , sed taliter vos habeatis in hac parte , ne ad vos tanquam ad violatorem privilegiorum nostrorum , et impugnatorem dignitatis regis aliter procedere compellamur . teste meipso apud turrim london , . die martii . eodem modo mandatum est episcopo london . & suo offic. episcopo wigorn. & suo offic. eodem modo scribitur archiepiscopo cantuar. episcopo lincoln . & suo offic. archidiacono winton . & suo offic. & offic. episcopatus winton . what usurers the popes beneficed chaplains in england were in this age , and what recognisances , oathes , and strange obligations , with various conditions , to be prosecuted in all or any courts , civil or ecclesiastical , in case of non-payment , and renounce all benefit of pleas , priviledges whatsoever , in bar against their suits , after the mode of the roman court , will appear by this ensuing record and recognisance of sir robert walerand to the archdeacon of ely. universis christi fidelibus praesentes literas visuris vel audituris , robertus walerand miles , salutem in domino . noverit universitas vestra , me teneri ex causa mutui magistro nicholao archidiacono elyensi , domini papae capellano , & domini regis cancellario , in centum marcis bonorum novorum & legalium sterlingorum , tresdecim solid . & quatuor sterling . pro qualibet marca computatis , de qua pecunia benè me voco quietum & integrè protestor pacatum , exceptioni non numeratae , non solutae , & non traditae mihi pecuniae penitus renunciando . quas praetaxatas centum marcas sterlingorum , praedicto modo & numero computandas promitto & teneor bona fide & per legitimam stipulationem interpositam reddere & solvere dicto archidiacono , vel certo nuncio suo , seu assignato has literas deferenti in octabis sancti michaelis , anno gratiae . apud novum templum london . quod si non fecero , promitto & teneor per antedictam stipulationem dare & solvere dicto archidiacono viginti marcas sterlingorum ▪ nomine poenae ; & nihilominus refundere & restaurare eidem omnes expensas & damna quae fecerit vel incurrerit pro defectu solutionis praedictae , super quibus credetur eidem archiepiscopo , vel certo nuncio suo , seu assignato per simplex verbum suum tantum sine aliqua probatione : & dicta pecunia & poenae persoluta omnia praescripta & subscripta firma & illibata consistant . volo etiam & concedo , quod si medio tempore , quod absit , in fata decessero , quod nulla penitus fiat testamenti mei executio , vel rerum m●arum distractio vel distributio , quousque dicto magistro n. archidiacono de praemissis omnibus plenariè fuerit satisfactum . pro quibus omnibus & singulis antedictis firmiter & fideliter observandis & adimplendis , obligo me & haeredes meos , & omnia bona mea & haererum meorum , mobilia & immobilia , praesentia & futura , habita & habenda , ubicunque fuerint inventa , & specialiter maneria mea de langeford . & wadden . quae habeo in com. wiltes . ad disponendum & ordinandum de fructibus & redditibus ad eadem maneria spectantibus & pertinentibus , si quod absit , in solutione dictae pecuniae cessavero , usque ad plenariam & integram solutionem omnium praedictorum . ad haec autem omnia fideliter observanda corporali praestito iuramento tactis sacrosanctis me obligavi , subjiciendo me et mea jurisdictioni et coertioni episcoporum angliae , quos praefatus archidiaconus eligere voluerit , ut ipsi me et haeredes et executores meos ad observationem omnium praedictorum modis quibus viderint magis expedire compellant . renunclando in praemissis omnibus et singulis pro me et haeredibus meis , omni juris auxilio canonici et civilis , privilegio fori , et maxime cruce signatorum et cruce signandorum , omni consuetudini et statuto , omnibus literis impetratis et impetrandis , constitutioni de duabus dietis editae in concilio generali , prohibitioni regiae , et omni exceptioni et defensioni personali et reali , quae posset objici contra praemissa . licet etiam dicto archidiacono , vel certo nuncio suo , seu assignato super praemissis me et haeredes meos ubique locorum , et in omni foro coram quocunque iudice , tam ecclesiastico quam seculari voluerint libere convenire et ad judicium trahere . et ad majorem hujus rei securitatem ista in cancellaria domini regis recognovi , & tenorem praedictae chartae meae in rotulis ejusdem cancellariae feci irrotulari . in cujus rei testimonium praesentibus literis sigillum meum apposui . dat. london . die mercurii prox . ante festum annunciationis beatae mariae virginis , anno domini . mense martii . robertus walerand recognovit in cancellaria regis se debere magistro nicholao archidiacono elyens . cancellario regis c. marc. . s. . d. solvend . ei in festo sancti michaelis prox . futur . et nisi fecerit , concessit , quod dicta pecunia levetur de terris & catallis suis in com. wiltes . a whale arriving upon the lands of the bishoprick of durham , within the county of lincoln , whiles the temporalties were in the kings hands , which whale was taken away by several parcels , the king issued this writ of inquiry to the sheriff of lincoln touching this affair . rex vic. linc. salutem . datum est nobis intelligi , quod cum tota ballena quae nuper applicuit apud sumercote in lindesey , in terra episcopatus dunelm . ad nos ratione ejusdem episcopatus tunc vacantis , & in manu nostra existentis pertineret , quidam de balliva tua eandem ballenam ibidem pro voluntate sua distraxerunt , et asportaverunt , in juxis et dignitatis regiae praejudicium et contemptum . et ideò tibi praecipimus , quod una cum dilecto clerico nostro elia de hertford , quem ad te propter hoc mittimus , per sacramentum tam militum quam aliorum liberorum et legalium hominum de comitatu tuo , per quos rei veritas melius sciri poterit , diligenter inquiras , utrum praedicta ballena applicuit in terra praedicti episcopatus necne ? et si ibi applicuit , qui eam distraxerunt & asportaverunt . et si ipsa alibi applicuit in balliva tua , qui portionem ad nos inde pertinentem distraxerunt & asportaverunt , sicut praedictum est : & omnes illos quos per inquisitionem illam culpabiles inde inveneris attachies ; ita quod habeas corpora eorum coram nobis à die pascha in . dies , ubicunque tunc fuerimus in anglia , ad respondendum nobis de transgressione praedicta . et habeas ibi hoc breve . teste rege apud turrim london . . die februarii , anno regni nostri . the king issued this prohibition concerning his free-chappel of wolverhampton , reciting pope innocents bull of priviledges granted to all his free-chappels . rex omnibus , &c. cum plures in anglia capellas habeamus exemptas , quarum libertates locorum ordinarii infestant plerumque , et in dilatione privilegiorum nostrorum ad loca diversa transmissa nobis posset de facili periculum imminere . nos dilecto clerico nostro egidio de erdington , decano de wolverhampton , transcriptum cujusdam privilegii nostri de libertatibus capellarum nostrarum faciens mentionem , & sigillo nostro signatum duximus committendum , ut illius transcripti inspectionem habentes fidem adhibeant concessioni libertatum factae capellis praedictis , rescriptum igitur apostolicum de verbo ad verbum sic duximus subscribendum . innocentius episcopus servus servoruus dei , charissimo in christo filio regi anglorum illustri , salutem & apostolicam benedictionem . tanto libentius celsitudinis tuae precibus benignum impertim●r assensum quanto inter reges & principes christianos , te specialius reputamus dilectum filium & devotum . tuis itaque supplicationibus inclinati districtius inhibemus , ne ullus ordinarius , aut etiam delegatus , vel subdelegatus in capellas regias et oratoria earundem , ecclesiae romanae immediate subjecta , seu canonicos , vel servitores ipsorum , contra tenorem privilegiorum aut indulgentiarum apostolicae sedis excommunicationis vel interdicti sententiam audeat promulgare , seu aliquod ipsis onus imponere , quod aliis exemptis ecclesiis non consuevit imponi absque mandato sedis apostolicae speciali , quod expressam faciat de inhibitione hujusmodi mentionem . nulli ergo omnino hominum liceat hanc paginam nostrae concessionis infringere , vel ei ausu temerario contraire . si quis autem hoc attemptare praesumpserit , indignationem omnipotentis dei et beatorum petri et pauli apostolorum ejus se novecit incursurum . dat. lugduni . kalend. augusti , pontificatus nostri anno tertio . nos itaque universos tàm clericos quàm laicos regni nostri monemus , rogamus modis omnibus quibus possumus , et eis sub poena forisfacturae nostrae firmiter prohibemus , ut nullus eorum in praejudicium praefati clerici nostri , seu capellae nostrae de wolverhampton , aut etiam canonicorum sive servitorum ipsorum aliquid attemptet , contra privilegii supradicti tenorem , et consuetudines capellarum nostrarum exemptarum antiquas , usitatas et etiam approbatas . teste rege apud westm. . die nevembris . the king for dispatch of his own and his kingdoms affaires in the court of rome this year , issued these letters of procuration to his proctors there , and others to the pope , especially to prosecute his appeal there against the archbishop and his suffragans , to null the ordinances , constitutions and statutes made by them in the * forecited council at london , to the prejudice of his royal right , dignity , the liberties , laws and customes of his realm . rex omnibus , &c. salutem . in omnibus causis & negotiis nos & regnum nostrum tangentibus , quae in curia romana habere intendimus , dilectum clericum nostrum magistrum johannem de hemingford , latorem praesentium nostrum constituimus procuratorem . dante 's eidem potestatem substituendi alium seu alios quociens sibi videbitur expedire . ratum etiam habituri quicquid dictus johannes vel ab eo substitutus vel substituti in praemissis duxerit vel duxerint , faciendum praesentibus , post annum minimè valituris . dat. london . . kalend. junii , anno domini . ista litera duplicata fuit propter adjectionem istius nominis h. ebredunen . archiepiscopum , una cum magistro johanne . sanctissimo in christo patri domino a. dei gratiâ summo pontifici , rex angliae , &c. salutem , cum reverentia & honore . in causa appellationis quae movetur seu moveri speratur in curia romana inter nos ex una parte , et archiepiscopum cantuariensem et suos suffraganeos ex altera , super ordinationibus , constitutionibus et statutis nuper in concilio provinciali london . per eosdem editis in praejudicium juris , dignitatis regiae , libertatis , legis et consuetudinis regni nostri , dilectum clericum nostrum magistrum johannem de hemingford , latorem praesentium procuratorem nostrum constituimus . dante 's ei potestatem agendi , defendendi , & etiam jurandi in animam nostram de calumnia & veritate dicenda , & ad expensum , & ad ponendum , & ad positionibus respondendum , & ad alia facienda , quae dictam causam contingunt . damus etiam eidem potestatem constituendi seu substituendi procuratorem ad omnia praedicta facienda . ratum habituri quicquid praedictus magister vel procurator ab eo constitutus seu substitutus , super praemissis duxerit faciendum praesentibus , post annum minimè valituris . dat. ut supra . eidem rex angliae , salutem cum reverentia & honore . noverit vestra sanctitas — — nos ordinasse & constituisse dilectum clericum nostrum magistrum johannem de hemingford , latorem praesentium procuratorem nostrum in curia romana , ad agendum , defendendum , impetrandum , contradicendum , & ad procuratorem substituendum cum viderit expedire . ratum habituri quicquid idem magister vel procurator substitutus ab ipso super praemissis in praedicta curia duxerit faciendum . priorum procuratorum nostrorum ad impetrandum & contradicendum in curia praedicta mandato minimè revocato , praesentibus ultra annum minimè valituris , sigillum nostrum fecimus apponi . dat. ut supra . ista litera duplicata propter adjectionem nominis magistri rogeri lovell , qui datus est procur . una cum magistro johanne , & una cum episcopo roffen . & archidiacono roffen . fratre ejus . ita quod isti quatuor constituti sunt procur . in simul in hoc procur . & in primo procur . adempta potestate substituendi . et de intermedio procur . scilicet , in causa appellationis dati sunt praedicti magistri johannes & rogerus , tantum exceptis praedictis episcopo & archidiacono , quia causa illa tangit ipsos cum potestate substituendi . the king having formerly granted the bishop of london a patent to retain by commenda all his deaneries , dignities , benefices in england , together with his bishoprick , for so long time as the pope would dispense therewith , granted him the like patent for his dignities and benefices in ireland , together with this protection for his tenants there . cum rex concesserit h. london . episcopo , quod dignitates et omnia alia beneficia ecclesiastica quae tempore promotionis suae ad eundem episcopatum de patronatu regis obtinuit retinere possit , libere , plene et pacifice quamdiu ipsa per indulgentiam domini papae valeat retinere , et rex homines , terras , res , redditus , et omnes possessiones suas ecclesiasticas et mundanas susceperit in protectionem et defensionem suam : mandatum est omnibus ballivis & fidelibus regis hiberniae , ad quos , &c , quod homines , terras , res , redditus , & omnes possessiones dicti episcopi in hibernia , tàm ecclesiasticas quàm mundanas manuteneant , protegant & defendant , non inferentes , &c. et si quid , &c. in cujus , &c. durat . quamdiu praefatus episcopus beneficia sua in hibernia retinuerit . teste rege apud turrim london . . die julii . what a large seared conscience this avaritious bishop had , to hold so many deaneries , dignities and benefices with cure , both in england and ireland , together with his bishoprick and chancellorship of england , let all who have any conscience determine . the abbot of bordell usurping upon the kings rights , mannors , tenants , courts , bayliffs , and drawing them into his courts to the prejudice of the rights of his crown , thereup on the king issued this writ to prohibit him , and to give an account of the profits of courts received by him . rex abbati de bordell , salutem . ex parte ballivorum nostrorum de bremesgrave & norton , nobis est ostensum , quod cum de placito de tenuris tenentium vestrorum in maneriis praedictis per brevia nostra directo , & de clamore levato , & transgressionibus assisarum , & sanguinis effusione teneri & deduci debeant , & hactenus consueverint in curiis nostris maneriorum praedictorum , & secundum consuetudinem maneriorum illorum in eisdem terminari , vos & ballivi vestri de norton , eosdem tenentes vestros compellitis ad placitandum in curia vestra de placitis praedictis , exitus & amerciamenta eorundem placitorum quae ad nos pertinent ab eisdem capiendo , & terras & tenuras tenentium nostrorum ibidem vobis appropriando & attrahendo , sine licentia & voluntate nostra , & in nostri & haeredum nostrorum praejudicium , dispendium non modicum & gravamen . super quo vobis mandamus firmiter inhibentes , ne praefatos tenentes vestros contra consuetudinem in praefatis maneriis nostris hactenus obtentam , ad placitandum in praedicta curia vestra de placitis praedictis aut aliis ad nos pertinentibus compellatis , aut de eis placitetis vel ballivos vestros . de caetero placitare permittatis , seu de tenuris praedictis aliquid sinè licentia & voluntate nostra vobis attrahere , usurpare vel appropriare praesumatis , cum hoc in praejudicium iuris nostri fieri sentiamus . et si quid de exitibus placitorum praedictorum contra justitiam ceperitis aut de tenuris praedictis sine assensu & voluntate nostra vobis usurpaveritis , id ballivis nostris maneriorum praedictorum sine morae dispendio ad opus nostrum restitui faciatis ; scituri pro certo , quod si secus egeritis , nos de consilio nostro tale & tam festinum remedium ad hoc adhiberi faciemus , quod vos ex hoc non mediocriter gravatos sentiatis . teste rege apud westm . . die aprilis . i finde that edmund king henry his son , notwithstanding the sicilians slighting and rejecting of him , and electing manfred for their king , and the popes legerdemain in the businesse of the realm of sicily , was yet so infatuated as to direct this flattering letter to all the prelates , nobles , knights , citizens and others of that realm by the stile of king of sicily , by vertue of the popes voyd , cheating grant , thus recorded in the clause rolls , nor extant in our histories . edmundus dei gratiâ siciliae rex , universis & sigulis praelatis , proceribus , militibus , civibus & aliis per regnum nostrum constitutis salutem , gratiam & omne bonum . cum foelicis recordationis dominus innocentius papa quartus de fratrum suorum consilio & apostolicae sedis gratia speciali regnum nobis contulerit supradictum ; nos ad tranquillitatem & commodum dicti regni , & omnium incolarum ejusdem zelum praecipuum & affectum habentes sincerum , universitatem vestram requirimus & rogamus attentè , quatenus assensu grato nos in regnum admittere , & nostris profectibus & honoribus velitis insistere cum favore . nos antem ad dicti prosecutionem negotii pro viribus nostris & nostrorum accincti , vobis universis & singulis in omnibus quae ad vestri juris conservationem cesserint , & honoris augmentum cum omni desiderio & promptitudine annuere intendimus , & pronis volumus affectibus complacere . in cujus rei testimonium praesentem literam aurea bulla nostra fecimus consignari . dat. apud windes . . kalend. aprilis , anno domini . claus . . h. : memb . . there is more concerning the same businesse , and memb . . dorso , which i pretermit . the king this year sent these two complementall epistles to pope urban the th . the latter of them to absolve him from his oath taken to observe the provisions of his barons made at oxford , as prejudicial to the rights and prerogatives of his crown , from which pope alexander his predecessor had absolved him , but dyed before it was compleated ; and not to confirme the barons statutes if pressed to it , revoking his former proctors sent to rome , whiles his seal was out of his power . the first epistle runs thus , sanctissimo in christo patri , v. dei gratiâ , sacrosanctae romanae ecclesiae summo pontifici , h. eadem gratiâ rex angliae , &c. salutem cum reverentia & honore . exultamus & speciali jocunditate laetamur in domino qui plebis suae desolationem piè respiciens , & insperatè salutis jam portum parans fluctuantis ecclesiae naufragium propitius avertit , & thamar diu viduam connubio salubri copulandam sua providentia reservavit . ipsius igitur disponente clementia prosperum fiat in manu sui pontificis opus sanctum , ut grex ejus imitatione sacra proficiens suo conditori placida persistat , & ad superna felicitatis praemium devota pertingat . nos autem honori vestro filiali congaudentes jubilo beneplaeida vestra sinceris affectibus adimplere cupimus , ut regni nostri negocia vestrae sanctitati maneant commendata , precibus quantis decet et expedit supplicamus , vestrae be atudini grates referentes pro vestris apicibus , quibus paterna dulcedine nostrum animum vestri gratia latificare ac relevare curastis . teste rege apud westm . . die decembris . the second epistle is thus recorded . domino papae rex angliae , salutem , cum reverentia & honore . cum ecclesia romana veluti pia mater devotis filiis , et nobis prae caeteris sui gratia in nostris et regni nostri negotiis maternae pietatis viscera clementer aperiens , multa beneficia ad nostri conservationem honoris jugiter exhibuerit , et jam pro quibusdam urgentibus negotiis nos et statum nostrum contingentibus opus habemus apostolicae sedis gratiam implorare , nos de consueta dictae sedis benignitate confisi , ad ejus suffragia recurrimus confidenter , rogantes , et precibus postulantes intentis , quatinus cum tempore foelicis recurdationis domini a. praedecessoris vestri , apostolicae sedis literas obtinuerimus super reformatione status nostri , et absolutione iuramenti pro observandis quibusdam ordinationibus , colligationibus et statutis praestiti , quae in diminutionem et depressionem potestatis regiae cedunt manifestè . cumque impetrationes praedictae ante obitum praedecessoris vestri memorati , ad ipsum minimè pervenire potuissent , eisdem tàm in hiis quae personam nostram specialiter contingunt , quam in illis quae dissolutionem colligationum praedictarum et iuramenti praedicti in aliis respiciunt , jube atis de vestrae benignitatis gratia innovari . petitiones in vestro conspectu pro obtinenda confirmatione statutorum hujusmodi ac aliorum jàm ut dicitur exhibitas , quae in depressionem libertatis regiae seu etiam juris nostri cedunt laefionem , ad exauditionem si placet ne quaquam admittentes . rogamus insuper ut dilectos magistrum johannem de hemingford , & magistrum rogerum luvell clericos ac procuratores nostros , una cum negotiis nostris habere velit vestra sanctitas propensius commendatos . et cum nuper dum nostrum sigillum in potestate foret aliena , quamplures alii constituti fuerint procuratores nomine nostro , quod non approbamus , ipsorum potestatem omnino revocamus , praesertini cum ipsi ea magis quae nobis obesse possent quam prodesse agere moliantur . teste rege apud westm. . die jan. he likewise sent this complemental epistle to cardinal octobon , and all the rest of the cardinals to promote this , and other affaires at rome . rex venerabili in christo patri octobono , sancti adriani diac. card. salutem , & sincerae dilectionis affectum . cum ecclesia romana veluti pia mater devotis filiis & nobis prae caeteris sui gratia in nostris & regni nostri negotiis maternae pietatis viscera clementer aperiens , multa beneficia ad nostri conservationem honoris jugiter exhibuerit , et jam pro quibusdam urgentibus negotiis nos et statum nostrum contingentibus opus habeamus apostolicae sedis gratiam implorare , nos de vestra dilectionis praerogativa confisi ad vos recurrimus confidenter , rogantes & precibus postulantes intentis , quatenus cum tempore foelicis recordationis domini a. quondam summi pontificis apostolicae sedis literas obtinuerimus , super reformatione status nostri , et absolutione juramenti pro observationibus et statutis praestiti , quae in diminutionem et depressionem potestatis regiae cedunt manifeste , cumque impetrationes praedictae ante obitum praedicti domini a. ad usum minime pervenire potuissent , easdem tam in hiis quae personam nostram specialiter contingunt , quam in illis quae dissolutionem colligationum praedictarum et juramenti praedicti in aliis respiciunt , procuretis efficaciter a summo pontifici solitae vestrae benignitatis gratiae , innovari ; procurantes etiam , si placet , ne petitiones in conspectu ejusdem summi pontificis pro obtinenda confirmatione statutorum hujusmodi ac aliorum jam , ut dicitur , exhibitas quae in depresionem libertatis regiae , seu etiam iuris nostri cedunt laesionem , ad exauditionem admittatur ; rogamus insuper ut dilectos nobis magistrum johannem de hemingford , & rogerum luvell , clericos ac procuratores nostros , una cum nostris negotiis habere velitis specialiter commendatos . teste ut supra . eodem modo scribitur singulis cardinalibus per se . he likewise constituted two proctors in the court of rome , to prosecute and effect his businesses in general , for the honor , good , safety of him , his crown & kingdom . domino papae rex angliae , salutem . cum reverentia & honore , noverit vestra sancta paternitas nos facere , ordinare & constituere , dilectos nobis & fideles magistros johannem de heminford , & rogerum luvell , clericos , procuratores nostros , utrumque eorum in solidum , ita quod non sit melior conditio occupantis , ad promovendum , procurandum et prosequendum negotia nostra in curia romana , et ad proponendum , petendum , recipiendum et impetrandum specialia et generalia pro nobis , iure nostro , libertatibus , consuetudinibus regni nostri , utilitati et honori nostrae dignitatis et coronae , et ad contradicendum , judices eligendum et recusandum . damus etiam eisdem potestatem substituendi procuratorem , ad omnia & singula praedicta facienda , & substitutionem revocandum pro sua voluntate . revocantes expressè omnia procuratoria quibuscunque prius facta in eadem curia . ratum habituri quicquid ambo praedictorum procuratorum , vel eorum alter , aut substitutus ab eis vel eorum altero super praedictis duxerint vel duxerit faciendum . praesentibus , per biennium in suo robore duraturis . dat. apud westm . . die januarii . anno domini . he further directed this special letter to the cardinal of saint sabina , to assist his proctors and promote his affares with the pope . rex h. titulo sanctae sabinae , presbytero cardinali , salutem , & sincerae dilectionis affectum , super immensis beneficiis et gratiarum largitionibus quibus apostolicae sedis , et vestro mediante favore meminimus nos multipliciter honoratos , vobis et ecclesiae romana matti nostrae ad quas valemus gratiarum assurgimus actiones . et cum dilectus clericus noster & procurator magister johannes de hemingford , moram trahat in curia romana pro quibusdam negotiis nostris expediendis ibidem , quae ipse & alii procuratores nostri commorantes ibidem vobis apertius explicabunt , dilectioni vestrae duximus supplicandum , quatenus praedictum magistrum johannem specialiter , aliosque nuncios & procuratores nostros recommendatos , si placet , habentes , negotia praedicta dignemini apud summum pontificem benignitate solita promovere . nos autem parati sumus et erimus ea facere pro viribus , quae vestris noverimus beneplacitis et honoribus convenire . teste , &c. die januarii . the king at the same time writ this letter to the whole assembly of cardinals , to vindicate the loyalty and reputation of his clerk john mansell , from the slanderous imputations cast upon him by the barons party before the pope in the court of rome , only for his loyalty and adherence to the king and his cause . rex ven. cetui card. sacrosanctae romanae ecclesiae h. dei gratiâ rex angliae , &c. salutem , & sincerae dilectionis affectum . ex relatu quorundam nobis innotuit , quod quidam propriae honestatis obliti in praesentia summi pontificis sinistra suggestione confingunt , quod dilectus & fidelis noster , j. mansell thes . ebor. inter nos & proceres nostros schismatū & discordiarum materiam suscitaverit , in nostrae gentis excidiū , & turbationē publicā regni nostri , de quo cōmoti sumus plurimum & turbati , praesertim cum ipse nullo prorsus tempore aliquem de regno nostro notabilem nobis reddiderit , nec dissensionē seu discordiae scrupulū cum aliquo ex aliis alio praetextu habuerit , nisi quod nobis in reservatione et conservatione iuris et honoris nostri juxta fidelitatis suae debitum efficaciter astitit et constanter , et hiis quae in contrarium agi seu attempari videbantur obstaculum se praebuit , et ea pro viribus impedivit . cum itaque dictus johannes sub alis nostris educatus , cujus inquam mores & merita ab adolescencia sua probavimus & novimus ab experto , in nostris & regni nostri negotiis utilitis semper & fidelis extiterit , ob quam causam favore regio prosequi tenemur , eundem etiam vobis specialiter commendamus , sinceritati vestrae veraciter intimantes , eundem à praemissis perperam sibi impositis innoxium esse penitus & immunem . quocirca dilectionem vestram duximus requirendam quatenus nullam detractoribus aut suggestoribus hujusmodi fidem adhibere velitis , sed tanto ipsum prosequi velitis , si placet , affectione & gratia ampliori , quanto alii ipsum & famam suam injustè & malitiosè deprimere moliuntur . dat. apud westm . die januarii . & duplicatur . after which some agents of the barons presuming to suggest and impetrate some things in the court of rome , prejudicial to the kings royalties and honor , he sent this patent to his proctors there to inhibit them to proceed therein . rex magistris johannis de hemingford , & rogero luvell , procuratoribus suis in curia romana agentibus salutem . cum vobis tanquam fidelibus nostris et devotis defensio nostri iuris et honoris incumbat , et sicut accepimus , quidam de regno nostro agentes in curia romana , in nostri iuris et honoris praejudicium diversa suggerere et contra nos impetrare praesumant , sed ab hiis potius sicut nostram indignationem et suam ac suorum periculum vitare voluerint ex toto desistant . hanc autem inhibitionem per vos omnes & singulos vestrum quociens opus esse videritis fieri volumus , ac super eadem & contemptoribus ipsius , per vos aut aliquem ex vobis effici certiores . teste rege apud westm . . die maii. the pope absolving the king from his oath to observe the barons statutes , as he desired , thereupon , * rex concepta securitate decrevit palam à juramento resilire , tanquam absolutus a papa ab eo , quod fecerat juramento . whereupon the barons taking up armes , the king at last , mediantibus viris timoratis , paci baronum acquievit ad tempus ; & provisiones oxoniae inviolabiliter servare promisit , &c. his ita peractis , paulo post , non obstantibus pactis , promissionibus , sacramentis , he receded from this agreement , and sent this memorable writ to all the sheriffs of england , wherein he relates his submission of himself , and the affaires of his realm to the provisions at oxford under certain conditions , which the barons had infringed : the injusticie of their ordinances , tending to the depressing of the rights of his crown ; and damage of his people , his absolution from his oath to observe them , both by pope alexander , and urban his successor : his readinesse to do justice to all men great and small in his courts , to which they might all freely resort with security , and to observe the articles in the great charter , and charter of the forrests , which they were commanded to proclaim in all places , and to apprehend and secure all such as adhered to the former ordinances , or presumed to speak or act any thing prejudicial to the rights of his crown , honor or dignity , or to the execution of the sheriffs office. rex vic. ebor. salutem . cum nuper apud oxon. per voluntatem baronum nostrorum ordinationibus et consiliis eorum supposuerimus nos , et statum negotiorum nostrorum et regni nostri , ●●● quibusdam conditionibus et promissionibus nobis factis , quas minime nobis observarunt . ac ipsi postmodum plura in praejudicium nostrum et depressionem potestatis regiae , necnon in dampnum subditorum nostrorum et suorum attemptare praesumpserint , et colligationes inter se fecerint quae in praejudicium et derogationem juris regii , et turbationem pacis nostrae cedere perpendimus manifeste , propter quod ex forma nostrae concessionis , eis ulterius ad observationem praemissorum non tenemur . et cum bonae memoriae a leander papa quartus , nos ab observatione dictae concessionis nostrae postmodum absolverit , et dominus papa vrbanus qui nunc est dicti praedecessoris sui adhaerens vestigiis , nos a juramentis et alias dictas ordinationes seu statuta contingentibus absolutos denunciari , et dictas colligationes , ordinationes , seu statuta dissolvi mandaverit , quod per venerabilem patrem norwicensem episcopum , et discretum virum johannem mansell , thesaur . eborum , dicti mandati executores , interveniente insimul authoritate venerabilis patris b. archiepisc . ipsorum collegae plenius est denunciatum . nos potestate nostra regia libere uti , et singulis tam majoribus quam minoribus prout ad nos pertinet justitiae plenitudinem exhibere volentes ; tibi praecipimus , quod haec in pleno comitatu tuo , et per totam ballivam tuam publice facias denunciari , et scire facias universitati comitatus praedicti , quod cum omni securitate et confidentia justitiam obtinendi , jus suum tam contra majores quam contra minores , coram nobis et alibi , authoritate nostra prosequantur , quia nulli eorum deesse volumus in sua justitia , quin tam contra majores quam minores plenam justitiam valeant obtinere ; libertates insuper tam in magna charta nostra , quam in charta nostra de foresta contentas in omnibus plene volumus observari . et si forte contingat , quod aliqui in balliva tua dictis colligationibus adhaereant , aut contra jus regalitatis nostrae , aut etiam contra executionem tui officii aliquid attemptare , aut contra nos et honorem nostrum praedicare , aut populo suadere praesumpserint , eos arrestari facias et custodiri , donec aliud a nobis super hoc habueris in mandatis . teste rege apud westm . . die maii. eodem modo scribitur singulis vic. per angliam . eodem modo scribitur reginae franciae , cum tota narratione ( of the businesse of sicily ) & cum ista adjectione . quocirca serenitatem vestram , quae se nobis vestri gratia in omnibus negotiis favorabilem exhibet & benignam , quanta possumus affectione rogamus , quatenus praefatum dominum vestrum ad hoc faciendum efficaciter inducatis . et simili modo , si placet , pro dicto negotio domino papae & cardinalibus literas vestras deprecatorias destinare velitis . ad haec cum idem dominus papa in terra regis navar. illustris generi vestri duxerit originem , propter quod precamina sua & dilectae filiae vestrae reginae navar. neptis vestrae , in dicto negotio plurimum juvativa censemus , placeat ipsos regem & reginam navar. literatoriè deprecari , ut ipsi praefatis domino papae et cardinalibus , juxta formam precum nostrarum quas ei inde mittimus , pro negotio dicti filii nostri suas dirigant literas speciales . the king this year ( as he had done the year before ) constituted special proctors in the court of rome , on the be half of himself and his ▪ realm , to appeal and complain against boniface archbishop of canterbury , and his suffragans , for sundry statutes and constitutions made and published by them , to the great grievance of himself and his realm , and prejudice of him and his crown ; and to pray , that they might be revoked by his grace and authority , ( for the greater shame of the bishops that made them ) and that a fit remedy might be therein provided for him and his realm , if need required , ( he having regal power enough to null and vacate them without the popes assistance , if denyed . ) sanctissimo in christo patri u. dei gratiâ sacrosanctae romanae ecclesiae summo pontifici , h. eadem gratiâ rex angliae , dominus hiberniae , dux aquitaniae , salutem , cum reverentia & honore . sanctitati vestrae notum facimus , quod nos constituimus & ordinamus in vestrae curia sanctitatis , dilectos clericos nostros magistros johannem de hemingford , & rogerum luvell , & quemlibet eorum in solidum , ita quod non sit melior conditio occupantis , nostros et regni nostri procuratores et nuncios speciales , ad exponendum , et intimandum , et referendum gravamina nobis et regno nostro illata , a uenerabilibus patribus b. archiepiscopo cantuar. et suffraganeis ejus , et ad exponendum et intimandum vobis * quaedam statuta ab eis edita in nostrum et coronae nostrae praejudicium er gravamen , necnon ad supplicandum sanctitati vestrae , ut praedicta gravamina tollere , ac statuta dignetur vestra sanctitas revocare ; et ad supplicandum etiam , ut super hiis vestrae sanctitatis circumspectio nobis et regno nostro gratiam adhibeat , si necesse fuerit et remedium oportunum . item et ad impetrandum , et contradicendum , et narrandum , ac in iudices conveniendum . ratum habituri quicquid ipsi procuratores , vel eorum alter duxerint vel duxerit faciendum , praesentibus post annum minime valituris . dat. apud london . . kalend. novembris , anno . et duplicata fuit ista litera propter istam adjectionem . universis , &c. sicut patet inferius . the king and kingdom were so zealous against these constitutions of the bishops * since cryed up and printed as our canon law , which is worthy special notice ) that they made these further procurations therein . rex universis praesentes literas inspecturis , salutem , & omne bonum . moverit universitas vestra , quod nos constituimus & ordinamus in romana curia , dilectos clericos nostros magistros johannem de hemingford , & rogerum luvell , & quemlibet eorum in solidum , ita quod non sit melior conditio occupantis , nostros et regni nostri procuratores et nuncios speciales , ad exponendum , intimandum , et referendum gravamina nobis et regno nostro illata , a uenerabilibus patribus b. archiepiscopo contuariensi , et suffraganeis ejus , et ad exponendum et intimandum summo pontifici et apostolicae sedi , quaedam statuta ab eis edita , in nostrum et coronae nostrae praejudicium et gravamen necnon ad supplicandum eidem summo pontifici et apostolicae sedi , ut praedicta gravamina tollere , et statuta dignetur apostolica sanctitas revocare ; et ad supplicandum etiam , ut apostolicae sanctitatis circumspectio super hiis nobis et regno nostro gratiam adhibeat , si necesse fuerit , et remedium oportunum . item et ad impetrandum , et contradicendum , et narrandum , ac in iudices conveniendum . ratum habituri et firmum quicquid ipsi procuratores vel eorum alter in praemissis duxerint vel duxerit faciendum , praesentibus post annum minime valituris . dat. ut supra . domino papae rex anglia , salutem , cum reverentia & honore . sanctitati vestrae notum facimus , quod nos constituimus & ordinamus in curia vestrae sanctitatis , magistros johannem de hemingford , & rogerum luvell , quemlibet eorum in solidum , ita quod non sit melior conditio occupantis , nostros et regni nostri procuratores et nuncios speciales , ad exponendum , intimandum , et referendum gravamina nobis et regno nostro illata , a uenerabilibus patribus b. archiepiscopo cantuariensi , et suffraganeis ejus , et ad exponendum et intimandum vohis quaedam statuta ab eis edita in nostrum et coronae nostrae praejudicium et gravamen ; et ad supplicandum sanctitati vestrae , ut praedicta gravamina et statuta dignetur vestra sanctitas revocare ; et ad supplicandum , ut vestra sanctitas faciat nobis et regno nostro gratiam , si necesse fuerit , et remedium oportunum . item et ad impetrandum , et contradicendum , narrandum , ac ad iudices eligendum et recusandum , ratum habituri quicquid dicti procuratores , vel alter eorum super praemissis duxerint vel duxerit faciendum , praesentibus per biennium in suo robore duratur . dat. apud westm . . die januarii , anno . yet notwithstanding these disloyal , prelatical constitutions and statutes were long after published by lindewode and aton , and cryed up by some bold ignorant canonists and domineering prelates , as the antient approved ecclesiastical laws and constitutions of our church , though thus frequently , earnestly compiained , appealed against by the king and kingdom , as prejudicial to the rights and prerogative of the kings crown , the laws , liberties , customes of the realm , which they subverted ; and no doubt they were reversed , or utterly exploded upon that account . which grosse abuse is worthy our special observation , and those who cry up lindewode and atons constitutions for our approved , received canon law. the king to indear himself more in the favour of the pope and arlot his notary , granted the mariage and custody of two wards bodies and their lands , to arlots nephew an alien born , till the heirs should come to full age . rex omnibus , &c. salutem . sciatis , quod concessimus dilecto nostro arlotino nepoti quondam magistri arloti domini papae notarii , custodiam omnium terrarum & tenementorum quae fuerunt thomae pikot , qui de nobis tenuit in capite , quorum custodia ad nos pertinet , & custodiam omnium terrarum & tenementorum quae fuerunt roberti de chamleng , qui de nobis tenuit in capite , quorum custodia similiter ad nos pertinet ; habendum sibi & assignatis una cum maritagio eorundem haeredum , advocationibus ecclesiarum , & etiam cum dotibus si acciderit , & omnibus aliis quae ad nos pertinent vel pertinere poterunt , ratione custodiae terrarum & haeredum praedictorum , usque ad legitimam aetatem eorundem haeredum . in cujus , &c. teste rege apud windes . . die februarii . there being two bishops elected for the church of elphin in ireland , upon the avoidance , and one of them being confirmed and consecrated bishop thereof by the archbishop of ardmagh , who got a writ of restitution of the temporalties , and the other by the archbishop of tuam ; thereupon they appealing to the king , and to rome , and the pope giving a definitive sentence for thomas , confirmed and consecrated by the archbishop of tuam , the king upon the popes certificate of this his definitive sentence , issued this writ to his escheator in ireland , to restore the temporalties of the bishoprick to him ( formerly suspended during their contests ) having first received in the kings name and stead the oath of fealty , which he and other bishops ought by law to make unto him . rex dilecto clerico suo magistro willielmo de bakepuz , escheatori suo in hibern . salutem . cum vacante diu sede elphinen . ecclesiae capitulum ejusdem loci ven. patrem in christo thomam . tunc abbatem de buellio cisterc . ordinis sibi in patrem & pastorem elegisset , ac venerabilis pater tuamensis archiepiscopus loci metropolitanus ipsam confirmaverit electionem munusque consecrationis impenderit eidem , prout ex literis accepimus metropolitani praedicti , nobis supplicantis ut eidem elphinen . episcopo temporalia sui episcopi restitui faceremus . cumque pars quaedam capituli supradicti milonem , archdiaconum clom . tempore vacationis praedictae in loci illius episcopum elegisset , qui postmodum per archiepiscopum ardmacan . hiberniae primatem confirmatus , & munus consecrationis adeptus à nobis temporalia obtinuerat ; episcopi memorati se coram nobis praefato thomae episcopo personaliter opposuissent , propter quod eidem thomae episcopo temporalia episcopi praedicti non restituimus . ac demum idem thomas episcopus episcopatum praedictum apud sedem apostolicam per definitionem summi pontificis obtinuerit , sicut ex testimonio literarum domini papae constat evidenter . vobis mandamus quod eidem thomae episcopo de temporalibus eplscopatus praedicti plenam seisinam sine dilatione habere fac . recepto prius ab eo nomine nostro hac vice , de gratia nostra speciali , juramento fidelitatis , quod ipse nobis veluti caeteri episcopi et praelati terrae nostrae praestare tenetur . teste rege apud westm. die maii. rex dilecto clerico suo magistro willo de bakepuz , escaetori suo in hibernia , salutem . cum vacante dudum sede elphini ecclesiae capitulum ejusdem loci ven. patrem thomam tunc abbatem de buellio cistercien . ordinis sibi in patrem & pastorem eligissent . ac venerabilis pater tuamensis loci metropolitanus ipsam confirmaverit electionem munusque consecrationis impenderit eidem , prout ex literis accepimus metropolitani praedicti , nobis supplicantis , ut eidem elfin . episcopo temporalia sui episcopi restitui faceremus . cumque pars quaedam capituli supradicti milonem archid. clo. tempore vacationis praedictae in loci illius episcopum elegissent , qui postmodum per archiepiscopum ardmacan . hiberniae primatem confirmatus & munus consecrationis adeptus à nobis temporalia obtinuerat . episcopi memorati se coram nobis praefato thom. episcopo personaliter opposuisset , propter quod ipso superstite absque discussione juris utriusque coram suo judice facienda , temporalia praedicta ipsi thomae episcopo restitui non poterant nec debebant ; ac jam , ut dicitur , et sicut ex testimonio literarum praefatis tuamensis archiepiscopi patentium accepimus , dictus milo episcopus diem clauserit extremum . vobis mandamus , quod cum occasione hujusmodi electionis , confirmationis , et consecrationis de dicto milone , dudum factarum per primatem praedictum , et similiter pro restitutione temporalium quam sibi fecimus hactenus distulerimus , eidem thomae episcopo temporalia assignare praedicta , nec aliud obstaculum intellexerimus propter quod ei non debeant restitui ; vos si praefatus milo naturae debitum exsolverit , et de hoc vobis constiterit , praefato thomae episcopo temporalia praedicta sine dilatione plena restituatis . recepto prius ab ipso nomine nostro hac vice , de gratia nostra speciali , juramento fidelitatis , quod ipse nobis , veluti caeteri episcopi et praelati terrae nostrae , praestare tenetur . in cujus , &c. teste rege apud westm . . die aprilis . boniface archbishop of canterbury having incurred great debts , and much impoverished his see in defence of the rights and priviledges of the church of canterbury , as was pretended , ( but in truth in the popes and his brothers wars and quarrels ) as he procured an ayde of first-fruits from all the clergy of his diocesse by the popes grant , so he obtained this patent and letter of recommendations from the king , to the tenants of the archbishoprick , to grant him an ayd to discharge these debts , which he ill deserved from them , being seldome resident in his archbishoprick , and taking no care at all for his peoples souls or b●dies , minding only his own filthy lucre . rex tenentibus de archiepiscopatu cantuar. salutem . cum venerabilis pater b. cantuariensis archiepiscopus , diversis sumptibus & expensis , tam in curia romana , quam alias pro libertatibus ecclesiae suae tuendis praegravatus existat . et idem archiepiscopus pro relevatione ecclesiae suae vestra subventione , ut asserit , plurimum indigeat . nos honorem & commodum praefati archiepiscopi & ecclesiae suae praedictae specialiter affectantes , dilectionem vestram rogamus attentè . quatenus ei taliter subvenire velitis in hac parte , quod idem archiepiscopus votis vesiris alias favorabilius condescendere teneatur , et nos inde vobis astringamur ad grates . teste rege apud westm . . die junii . the monkes of the cistercian order , turning common buyers , and merchants of wools and selling and transporting them together with their own wools , to the prejudice and impoverishing of the merchants and city of lincoln and other townes , the abating and defrauding of the kings customes , * and the scandal of their profession , the king upon complaint of the citizens of lincolne , issued this memorable writ to the abbots and monks of this order , prohibiting this their practice and abuse for the future , assuring them that if they persisted therein , he would severely punish them , so as to please god thereby , offended with this their scandalous practice . rex universis & singulis abbatibus cisterciensis ordinis , & aliis viris religiosis in com. lincoln . salutem . ex relatu quorundam fide dignorum intelleximus , quod vos lanam aliaque venalia , per fratres vestros conversos in locis diversis praedicti com. particulatim emi , & ea postmodum mercatoribus transmarinis & aliis una cum lana vestra propria vendi faciatis , hujusmodi negotiationem exercentes contra vestri ordinis debitum honestatis , et ad depauperationem civitatis nostrae lincolniae , aliarumque villarum nostrarum mercatorium in com. supradicto , per quod firmae nostrae et consuetudines nobis debitae ad nostri dampnum et jacturam manifestam nobis fraudulenter et subtrahuntur , quod sustinere nolumus , sicut nec debemus . cum igitur hujusmodi exercitia in ordinis vestri scandalum , et propriae laesionem honestatis , necnon et praejudicium nostrum et dampnum dictarum civitatis et villarum cedant manifeste , vobis mandamus firmiter injungentes , quod ab hujusmodi negotiationibus de caetero penitus desistatis . scituri pro certo , quod si secusegeritis , nos manum correctionis ad hoc apponemus , prout deo complacere crediderimus ( as supreme ordinary and visitor ) per quod etiam non mediocriter vos sentietis gravatos . teste meipso apud windes . . die februaaii , anno regni nostri . there being a controversie about the right of presentation to the church of cestreton , between the king , the prior and covent of kenwilworth , and the popes provisors proctor , the king at the clerks request , for that time only , referred the ending of the controversie to the bishop of the diocesse . rex episcopo coventr . & litchf . salutem . cum nuper praesentaverimus vobis dilectum nobis nicholaum de villa ad ecclesiam de cestreton vestrae dioc. vacantem , in qua prior & conventus de kenwilwroth jus vendicant patronatus , et magister thomasius procurator magistri petri de collumpna , cui in eadem ecclesia dicebatur authoritate apostolica provideri , occasione clamii praedictorum religiosorum opposuerit se praesentationi nostrae praedictae . ac praedicti clerici postmodum se supposuerint ordinationi vestrae super jure suo in hac parte ; nos submissionem hujusmodi gratam habentes , ordinationem quam inter eos inde feceritis hac vice volumus esse ratam . salvo tamen jure cujuslibet post cessionem seu decessum clericorum praedictorum . in cujus , &c. teste rege apud windes . . die martii . the king granted this patent to john le bell , to apprize & sell the fruits and corn of the temporalties of the bishoprick of sarum , then in his hands and manured by him , by the oathes of honest men , and to pay the monies into the exchequer , commanding all bayliffs and others to assist him therein . rex omnibus ballivis & aliis tenentibus de episcopatu sarr . salutem . sciatis , quod de consilio procerum nostrorum , assignavimus dilectum clericum nostrum johannem le bell , ad appreciandum per sacramentum proborum & legalium hominum modis quibus melius & fidelius fieri poterit , omnes fructus et blada terrarum episcopatus sarr . nuper vacantis et in manu nostra existentis , quas sumptibus nostris excoli fecimus , et ad fructus et blada ipsa cum illa appreciaverit vendenda ; ita quod de denariis inde provenientibus nobis respondeat ad scaccarium nostrum . et ideo vobis mandamus , quod eidem johanni super hoc consulentes sitis intendentes & auxiliantes . et singuli vestrum qui ballivas tenetis venire faciatis coram eo in ballivis vestris ad mandatum ipsius , tot & tales per quos negotium praedictum melius & celetius valeat expediri . in cujus , &c. teste rege apud westm. . die augusti . the bishop of winchester having compounded with the king for l. s. d. for corn and stock of the temporalties , and having paid part thereof into the exchequer , the king gave him further day for payment of the residue , by this patent . rex omnibus , &c. salutem . sciatis , quod de duobus millibus ducentis viginti & novem libris , tresdecim solid . & uno denar . in quibus venerabilis pater j. winton . episcopus nobis tenebatur pro exemptione bladi dicti episcopatus , & instauri ejusdem , quod à nobis recepit postquam temporalia praedicti episcopatus ei reddidimus , solvit idem episcopus mille libr. in scaccario nostro die jovis proxima post festum sancti hilarii , anno regni nostri quadragesimo septimo , per●talliam quam ibi inde recepit . et de aliis mille libris ad idem scaccarium solvendis dedimus ei terminos subscriptos , videlicet , quod solvat in scaccario praedicto ad festum sancti michaelis anno regni nostri praedicto , cc. & l. marc. & ad festum paschae proximo sequent . cc. & l. marc. & sic de anno in annum quingentas marc. ad eosdem terminos , donec praedictae mille librae nobis persolvantur . residuas verò ducentas viginti & novem libr. tresdecim solid . & unum denar . perdonavimus episcopo supradicto , de gratia nostra speciali . in cujus , &c. teste rege apud westm . . die januarii . the archbishops , bishops and clergy , by reason of the wars between the king and his barons , being summoned to assist the king with horses and armes manfully and powerfully , according to the quantity of their estates , and the king and lords of his counsil ordering that all religious and beneficed persons should be rated to find armed men , or pay a competent subsidy according to the common rate of their benefices , according as their bishops should ordain , the king thereupon issued these writs to sheriffs , not to destrein them upon this occasion , nor intermeddle therein . vic . cantebrigiae & huntingdon , salutem . cum nuper per literas nostras patentes praeceperimus , quod archiepiscopi , episcopi , &c. qui ad hoc sufficerent , viriliter et potenter se praeparent cum equis et armis , ita quod essent ad nos london . dominica proxima post festum beati petri , ad vincula prox . praeteritum , ad communem regni nostri defensionem , contra hostilem adventum alienigenarum , nobiscum versus mare profecturi ; & quod assumpto tecum custode pacis venire faceres de qualibet villata ad eundem diem octo , sex , vel quatuor ad minus secundum magnitudinem villae , de melioribus & probioribus peditibus cum armis competentibus , & similiter de civitatibus , castris & burgis , tàm equites quàm pedites , secundum magnitudinem & facultates eorundem , & praedicti homines nondum adeo sufficienter & plenariè venerint , sicut nuper mandaverimus . nos communi periculo & indempnitati terrae nostrae providere volentes , &c. et quia per praelatos et barones de consilio nostro provisum est , quod viri religiosi de ecclesiis suis quas tenent in proprios usus et rectores ecclesiarum ac omnes alii beneficiati de ecclesiis seu beneficiis suis ecclesiasticis secundum communem aestimationem eorundem armatos inveniant , vel subsidium competens praestabunt juxta ordinationem episcoporum suorum . tibi praecipimus , quod ipsos occasione praedicta non distringas , nec te inde intromittas . teste , &c. vrban the th . being elected pope , and king henry interrupted by his wars with the barons to send to congratulate his election , ●e having made an agreement with his barons , sent this complemental epistle to him , together with a special messenger , to treat concerning the businesse of the croysado , and other affaires of his realm . sanctissimo in christo patri domino ● . dei gratia sacrosanctae romanae ecclesiae summo pontifici rex angliae salutem , cum reverentia & honore . mundana fabricae rector providus & opitex sublimis qui rete sui piscaminis per petri ministerium laxavit in capturam , ecclesiae laboranti benignè subvenit , ipsamque mundi fluctictibus diu agitatam sua disponente gratia submergi non permisit . hujus namque operis successorem providum , post expectationem diutinam & lacrhymosa plebis desolatae suspiria , ex insperato providit , & columpnam suae domus in aedificium completum provide substituit , quatenus in ipsa donorum dispensator fiat magnificus , & teneat prae ceteris culmen sublimitatis , qui de creditis sibi talentis rationem abundantem etiam in minoribus reddidit cum usura . congruum namquè & magnificum dei beneficium censetur cunctis , ut hunc quem tot virtutum insigniis , & gratiarum plenitudine dominus decoravit , ad sui gregis profectum constituat super multa , fiatque per ipsum caelo grex ipse vicinior , & salus mundo per ejus ministerium paxque christicolis feliciter augeatur . hujus igitur exultationis pater sancte participes ad pedes vestrae sanctitatis , dilectos nobis willielmum de chaunent clericum , & willielmum de atte militem , nostros fideles transmittimus , qui nostrae mentis jubilum vobis insinuent , nosque et nostros et quae nostra sunt vestrae beatudini cum omni devotione recommendent . quod autem id hactenus juxtà nostrae mentis desiderium efficere nequivimus , ne grave gerat vestra sanctitas vel indignum . praesertim , cum varia nobis impedimenta paraverint regni nostri turbatio dudum suborta , & nostrorum rebellio subditorum , quos nobis , ut speramus , jam virtus divina reddidit humiliatos . paternitati etiam vestrae precum instantia qua decet & expedit supplicamus attentè in hiis quae nostri nuncii supradicti , tam pro negotio crucis , quàm aliis nos seu regnum contingentibus vobis exponent , fidem & favorem benevolum vestra dignetur sanctitas adhibere . teste rege , &c. the * bishop of bath and wells , against the kings former prohibition , and his own personal promise to the king , not to draw the abbot of glastonbury into the court of rome against the rights of his crown , and priviledge of the realm , for matters belonging to his temporall courts , advousons and lay fees , which were not of ecclesiasticall conusans , issued this writ to the sheriffe of somorset , to summon the bishop to appear personally before him ▪ to answer this his presumption and high contempt . rex vic. somerset . salutem . monstravit nobis rogerus . abbas glaston . cum nuper coram nobis & consilio nostro querelam nobis deposuisset , de w. bathon . & wellen. episcopo , de eo quod idem episcopus , contra prohibitionem nostram , et contra antiquam consuetudinem regni nostri , et indulgentiam nobis a sede apostolica concessam , ne anglici trahantur in causa extra regnum nostrum , ipsum abbatem traxit in placitum in curia romae de maneriis , advocationibus ecclesiarum , et aliis fe●dalibus et transgressionibus , de quibus placita ad coronam et dignitatem nostram pertinent , in curia nostra deduci et terminari debent et solent . et praedictus episcopus coram nobis & consilio nostro constitutus praecise negasset , ipsum abbatem ad curiam romae per eum fuisse citatum . ac nos eidem episcopo sub debito fidelitatis in qua nobis tenetur , et super baroniam quam de nobis tenet , postmodum inhibuerimus , ne praedicto abbati super praemissis contra praedictam consuetudinem et indulgentiam molestiam aut gravamen inferret aut procuraret inferri . idem episcopus , in nostri contemptum et regiae dignitatis praejudicium , nec non contra praedictas consuetudinem , inhibitionem et indulgentiam , praedictum abbatem ad curiam romanam jam de novo super praemissis citari procuravit , ad magnum dampnum ipsius abbatis et indulgentiae praedictae non modicam laesionem . et quia praesumptionem hujusmodi taliter sustinere nolumus nec debemus , tibi praecipimus , quod praedictum episcopum venire facias coram nobis in octabis sancti michaelis ubicunque tunc fuerimus in anglia , nobis de praedicto contemptu ac dicto abbati de transgressione praedicta responsurus . et habeas ibi hoc breve , &c. teste rege , &c. the king recommended an abbot elect whose election he had approved , to the pope for his favour , by these his letters . domino papae salutem , cum reverentia & honore . cum p. de l. quondam prior de w. quem prior & conventus ejusdem loci nuper sibi elegerant in abbatem , viam universae carnis sit ingressus , ac iidem monachi petita postmodum & obtenta licentia nostra , prout moris est , dilectum nobis in christo fratrem r. de w. commonachium suum virum utique providum & discretum sibi unanimiter elegerint in abbatem , nos electioni de ipso celebratae assensum adhibuimus et favorem . et hoc tenore praesentium sanctitati vestrae intimamus , rogantes attentius , quatenus ipsum electum & negotia sua habere dignemini recommendata , & quod vestrum est in hac parte exequi cum favore . in cujus , &c. the king prohibited the archbishop of canterbury not to destrain nor molest two of his chaplaines for the dismes granted him by the pope , for which they had given the king full satisfaction . b. cantuar. archiepiscopo totius angliae primati salutem . cum dominus papa dudum nobis concesserit decimam proventuum beneficiorum ecclesiasticorum in regno nostro subsidium peregrinationis nostrae in terram sanctam , & postmodum decimam illam converterit in auxilium regni sicil. ac dilecti & speciales clerici nostri johannes le mansell , & henricus de wengham , satisfecerint nobis de decima ipsos contingente , indè contenti sumus ad plenum ; miramur quamplurimum & movemur , quod vos authoritate quacunque cohercionem eis faciatis pro decima praedicta . quocirca vobis de consilio procerum qui sunt de consilio nostro , mandamus districtè inhibentes , nè praefatis clericis nostris super praestatione dictae decimae aliquam cohercionem faciatis , aut ipsos in hac parte aliquatenus vexetis aut gravetis , sed si cohercionem aliquam eis per suspensionem vel sequestrationem beneficiorum suorum feceritis , vel aliquid aliud contra ipsos in hac parte attemptaveritis , ea penitus relaxetis & revocetis . teste &c. the king sent this mandate to the parishoners of pencriz by no meanes to permit the bishop , his officiall or archdeacon to enter into their parish , or act any thing to the prejudice of his free-chappel there . omnibus parochianis de pencriz . salutem . praecipimus vobis quod sicut vos & vestra diligitis , nullo modo permittatis episcopum de o. vel ejus offic. five archid . ingredi villam de pencriz . ad aliqua spiritualia ibidem exercenda , quae cedant in praejudicium libertatis capellae nostrae de pencriz . nec eis sitis in aliquibus spiritualibus obedientes . in cujus , &c. the bishop of saint davids and his clerks complaining to the king as supream governor and protector of the church , clergy , and their liberties , how extraordinarily the priviledges of their churches , monasteries , houses , goods and persons were violated in wales , in an hostile manner throughout his diocesse , issued this memorable writ and prohibition to his officers for their future protection and indempnity against such injuries and oppressions . universis ballivis & fidelibus suis , per walliam constitutis salutem . ex relatu venerabilis patris r. men. episcopi & insinuatione cleri suae dioc. accepimus , quod tanta est hostilitas hiis diebus in dioc. men. quod immunitates ecclesiae violantur , manus violentae injiciuntur ac quidam interficiuntur , domus religiosorum distruuntur , domus clericorum in coemiteriis constructae , & etiam ipsae ecclesiae incenduntur , episcopo , archidiaconis , & caeteris viris ecclesiasticis transeundi per praedictam dioc. securitatis via praecluditur , ecclesiasticae libertatis titulus penitus conculcatur , viri etiam ecclesiastici dicti dioc. tot dampnis & in juriis modo ab anglicis , modo à wallensibus affliguntur , quod nisi praedictis remedium apponatur , necesse habent ecclesiis suis relictis exulare . nolentes igitur quod sacrosancta ecclesia sub nostra protectione constituta , tot adversitatibus opprimatur ; mandamus vobis firmiter injungentes , quod in singulis locis in praedicta dioc. per quae transitum feceritis , publice voce praeconia prohiberi faciatis , ne aliquis de pace nostra immunitates ecclesiasticas violare , seu etiam viris ecclesiasticis dampnum vel injuriam inferre , aut contra libertates ecclesiae in aliquo de praemissis venire praesumat . scituri , quod dissimulare non poterimus quin adversus violatores immunitatis ecclesiae , ad cujus tuitionem tenemur , manus ultionis extendamus . in cujus , &c. the king of romans having occasion to travel to rome about his own , the kings and kingdoms urgent affaires , which journey would prove very expensive , the king issued these writs for him to tax all his tenants , and to them , to grant a liberal ayd and contribution towards his expenses in this expedition . omnibus , &c. salutem . quia charissimus fidelis noster rex romanorum illustris , proximò profecturus est ad curiam romanam , pro arduis et urgentissimis negotiis , quae ad nostrum , et suum , et regni nostri hōnorem et profectum assumpsit , et quae sine maximis sumptibus nequeunt expediri , concessimus ei , quod burgos et maneria sua quae fuerunt dominica nostra rationabiliter talliare possit hac vice , licet dominica nostra per angliam ad praesens non fecerimus talliari . in cujus , &c. omnibus liberè tenentibus de illustri rege romanorum in anglia , salutem . quia praedictus dominus rex frater noster charissimus in proximò profecturus est ad curiam romanam , pro arduis et urgentissimis negotiis , quae ad nostrum et suum , et regni nostri honorem et profectum assumpsit , circa quorum expeditionem oporter ipsum non modicos sumptus apponere , universitatem vestram rogamus attentè , quatenus cum praefatus dominus vester vestra ad praesens indigeat subventione , eidem in hac necessitate sua jam competens subsidium impendere studeatis , quod tàm à nobis quàm ab ipso in agendis vestris favorem & gratiam futuris temporibus merito promereri debeatis , cum speciali gratiarum actione . teste , &c. boniface archbishop of canterbury being an alien , and banished or forced to fly out of the kingdom by the barons , was upon a treaty and agreement between the king and his barons , permitted to return into england upon these conditions , extant only in this record . anno domini . mense martii , in praesentia illustris regis angliae , de consilio procerum & magnatum ejusdem regni , actum est , quod venerabilis pater b. dei gratiâ cantuariensis archiepiscopus , totius angliae primas , in angliam revertatur sub conditionibus infrascriptis in regno pacificè moraturus . in primis igitur actum est , quod archiepiscopus in reversione sua excommunicationis sententias in quascunque personas occasione turbationis in regno anglia habitae promulgatas , sine difficultate qualibet related in forma juris , dum tamen illi qui excommunicati fuerint inventi , de excessibus satisfacere sint pacati , et pro eisdem canonica mandata archiepiscopi recipere tenentur in forma inferius in proximo articulo contenta . secundo actum est , quod de emendis faciendis nomine excessuum ecclesiis et ecclesiasticis personis infra loca jurisdictionis suae immediate subjecta , arbitretur archiepisc . de consilio omnium suffraganeorum suorum , aut majoris et sanioris partis , et de arduis negotiis ecclesiam anglicanam et regnum contingentibus futuris temporibus post reversionem suam , similiter de consilio eorundem et aliorum discretorum de regno , ordinet et disponat . tertio actum est , quod magistros tales familiares clericos suos secum adducat , et hos tantum clericos alienigenas de consilio suo et familia retineat . quarto actum est , quod alii clerici quicunque beneficiati in regno angliae cum archiepiscopo redire volentes , in beneficiis suis salvo et secure redeant et morentur , et bona ecclesiastica infra regnum expendant , ut tenentur , nihil extra regnum deferentes vel mittentes , nisi casus necessarius et a consilio regis approbatus hoc requirat . quinto actum est , quod archiepiscopus seu clerici cum ipso venientes nihil in literis , nunciis seu mandatis secum deferant , vel quicquam aliud in ipso regno commorantes , per se vel per alios procurent , de quo regi aut aliquibus de regno dampnum possit vel periculum seu praejudicium provenire . ad memoriam autem praemissorum praesentibus sigillum illustris regis angliae est appensum . per totum consilium . the prior and covent of bath , and dean and chapter of wells , having unanimously elected walter giffard for their bishop , who by reason of the wars and danger in travelling as well on this side as beyond the seas , could not personally resort to him to be examined , confirmed and consecrated ; the king thereupon issued this writ , with the certificate of his election , to the archbishop , desiring his examination and confirmation thereof by himself , or else to appoint some of his suffragans to examine , confirme and consecrate him here in his stead . cantuariae archiepiscopo , totius angliae primati , salutem . cum dilectus nobis in christo prior & conventus bathon . & decanus & capitulum ecclesiae wellen. dilectum nobis in christo magistrum walterum giffard canonicum wellensem , quem specialiter recommendatum habemus , sibi in patrem & pastorem ecclesiarum praedictarum concorditer assumpserint ; ac idem clericus propter discrimina quae ratione turbationis jamdiu habitae in regno viantibus imminent , tàm in partibus transmarinis quàm cismarinis , prout vobis satis liquet , ut credimus , ad praesentiam vestram personaliter accedere securè non possit , devotionem vestram affectuosè rogamus , quatenus nuncios & procuratores ecclesiarum praedictarum , pro negotio electionis illius ad vos accedentes intuitu dei , recommendatos habentes electionem ipsam , prout ad officium vestrum pertinet , examinare velitis & confirmare , vel eam saltem obtentu precum nostrarum , aliquibus de subditis vestris in anglia commorantibus examinandam committatis , simul & confirmandam , aliquibus de suffraganeisvestris plenam dando potestatem electum praedictum vice vestra consecrandi , si ipsum confirmari contingat . teste , &c. the archbishop notwithstanding neglecting or refusing to do it upon this request and mandate of the king , he thereupon issued this sharp writ to him , taxing him of ingratitude and abuse of his patience , and commanding him to come into england forthwith in person , & confirm and consecrate him , or else to appoint others to do it . cantuariae archiepiscopo totius angliae primati salutem . licet hactenus per patientiam pluries sustinuerimus electos in episcopos , abbates ac praelatos alios in regno nostro pro beneficio confirmationis obtinendo , ad vos in partes proficisi transmarinas , tale a vobis praemium non reddidimus reportarent contra jus et regni nostri consuetudinem , quibus per patientiam hujusmodi non intendimus quoquomodo praejudicium generari , hoc ad consequentiam trahere attemptaretis . miramur igitur simul et movemur , vos ad petitionem nostram , examinationem electionis dilecti nobis in christo magistri walteri giffard , nuper in bathon . et wellen. episcopum electi et ejusdem electionis confirmationem , quem ne personaliter ad vos accederet detinuimus , et adhuc detinemus invitum , aliquibus discretis de regno nostro committere recusasse , ad quod jus commune , et ipsius regni consuetudo vos , dum extra regnum agitis , inducere deberent etiam non rogatos . ne igitur nimia patientia nostra in vobis contemptum pariat , scire vos volumus , nos de caetero talia parcius permissuros , hiis praesertim temporibus quibus anglicis tutus ad vos per partes franciae , prout dicitur , non patet accessus , propter quod paternitatem vestram rogandam duximus attentius et monendam : rogantes insuper , et in fide qua nobis tenemini firmiter injungentes , quatenus in praemissa electione et aliis officii vestri debitum exequuturi , ad partes angliae personaliter accedere , vel saltem aliquibus discretis de regno nostro , quos ad hoc magis idoneos reputaveritis , vices vestras in hac parte committere curetis ; ne si iteratas preces nostras , et mandata ad quae de jure tenemini contumaciter exaudire recusaveritis , contra vos tanquam jurium et libertatum ac consuetudinum regni nostri contemptorem nostrae indignationis aculeos erigere , et acrius procedere debeamus ad vindictam : nec enim si secus egeritis proventus archiepiscopatus ad vos extra regnum de caetero deferri sustinebimus , sed sicut curam recusatis , ita et emolumenta vobis extra regnum agentibus , subtrahere curabimus in futurum : nos vero si opus fuerit salvum et securum sumus vobis conductum praebere parati . in cujus , &c. the continuer of matthew paris relates , that anno h. . during the barons wars , * licet comes leycestriae praecepta dedisset sub poena decapitationis , ne quis in sanctam ecclesiam , vel coemiterium depraedaturus intrare praesumeret , nec religiosis viris , vel eorum famulis , manus violentas inferret ; nihil hac industria f●rè profecit , nempe nec episcopi , nec abbates , nec viri religiosi de villa in villam progredi potuerunt , quin à vespilionibus praedarentur . hereupon i conceive the king issued this writ and proclamation to the keeper of the peace in the county of york , to protect ecclesiastical and religious mens persons , their tenants and goods , from violence and injury , and to declare injurious and undue presentations by usurpation on rightfull patrons , or by them , to be voyd . johanni de eyvil , custodi pacis in com. ebor. salutem . cum libertatem et securitatem ecclesiarum speciali affectione diligere teneamur , ac personas ecclesiasticas & earum bona teneri animo benevolo exoptemus , vobis de communi consilio procerum nostrorum , mandamus districtè praecipientes , quatenus sicut corpus vestrum & omnia bona vestra diligitis , jura ecclesiastica , praelatos , et personas ecclesiasticas , tam religiosas quam seculares , homines suos et eorum bona in com. praedicto manuteneatis et defendatis ; non permittentes eis in personis aut rebus suis , per aliquos clericos vel laicos quorumcunque mandato , contra libertatem ecclesiasticam aut immunitatem inferri molestiam , injuriam seu gravamen . scituri , quod si qua eis fuerint pro defectu vesiti ablata violenter , vos inde oportebit respondere . collationes etiam ecclesiarum a non suis patronis factas in com. praedicto , aut etiam a suis patronis , contra consuetudinem hactenus obtentam in regno nostro attemptatas , volumus non valere . quae omnia praedicta per totum com , praedictum publicè clamari facias . in cujus , &c. * anno . ( h. . ) quidam de parte baronum coperunt episcopum herefordensem in ecclesia sua cathedrali , vocatum petrum , natione burgundum , ( the contriver of the premised forged obligations of abbots and bishops monies to the pope , without their privity ) & duxerunt ad castellum d● ordeleya , thesaurum suum inter se pariliter dividentes . others seized upon the tithes , fruits , profits , goods of the archbishop , and of all other alien clerks , non-residents , and others that were against the king and kingdom , and sold , wasted them at their pleasures ; whereupon the king by his royal prerogative commanded them to be sequestred , prized and sold by inquisitions taken upon oath , by special commissioners appointed by him for that purpose , in the view of their proctors , if they would be present , by these his letters patents . rex omnibus , &c. salutem . cum nonnulli occasione turbationis in regno nostro nuper habitae , fructus et proventus ecclesiarum , et etiam alia bona ecclesiastica clericorum alienigenarum non residentium , et aliorum clericorum nobis et regno nostro adversantium , et extra regnum nostrum agentium distrahant , devastent , et consumant ; ac nos ecclesiasticae libertati in hoc parte prospicere volentes , de consilio praelatorum & baronum nostrorum de consilio nostro existentium , assignaverimus h. london . episcopum , archidiaconum oxon. & rogerum de norwood , ad fructus & proventus , & bona ecclesiastica clericorum praedictorum , tàm in dioc. cantuar. quàm in aliis beneficiis suis extra eandem dioc. ad collationem praedicti archiepiscopi spectantibus , colligenda & custodienda . ita quod fructus , & proventus , & bona praedicta reponi facerent in ecclesia christi cantuar. in forma per praelatos & barones praedictos provisa . ac iidem episcopus & archidiac . ad praemissa exequenda deputati , ad praesens non sint in regno , & etiam procuratores eorum ad hoc negligentes inveniantur , per quod magna distractio seu dilapidatio de bonis ecclesiasticorum praedictorum , propter praesentem regni turbationem fieri posset , nisi de conservatione eorundem cum celeritate provideatur , assignavimus dilectum clericum nostrum henricum de otinton , ad blada dictorum beneficiorum in quibusdam locis sibi assignatis per sacramentum proborum & legalium hominum aestimata & appreciata , vendenda , per visum & consilium procuratorum praedictorum si interesse voluerint , quibus hoc idem denunciari praecipimus . ita quod de exitibus inde provenientibus , prout justum fuerit , satisfieri faciamus . et ideo vobis mandamus , quod praefato henrico tàm circa aestimationem quàm venditionem eorundem cum ab eo requisiti fueritis , assistatis , & intendatis , & consilium & auxilium vestrum efficaciter impendatis . teste rege apud cantuar. . die septembris . johannes de middleton , clericus capellae assignat . &c. pakeham praebend . j. mansell , ap. sutmalling . henricus de otinton , clericus garder . otford , cum capella sevenhang , chidingston , wrotham . consimiles literas habet johannes de middleton , clericus capellae , &c. consimiles literas habet willielmus de crioll , miles . consimiles literas habet willielmus le avenir , &c. consimiles literas habet jocens . de lond. &c. consimiles literas habet henricus de bourne , miles , &c. i find this commission of the same kind in the extract roll. omnibus , &c. salutem . cum nonnulli occasione turbationis in regno nostro nuper habitae , fructus et proventus ecclesiarum , et etiam alia bona ecclesiastica clericorum alienigenarum non residentium , et aliorum clericorum nobis et regno nostro adversantium , et extra regnum nostrum agentium distrahant , debastent , et consumant . ac nos ecclesiasticae libertati in hac parte prospicere volentes , de consilio praelatorum et baronum nostrorum de consilio nostro existentium , assignaverimus tales ad fructus et proventus , et bona ecclesiastica praedictorum clericorum , tam in diocesi cantuar. quam in aliis beneficiis suis extra eandem diocesim , ad collationem praedicti archiepiscopi spectantibus colligenda . ita quod fructus , & proventus , & bona praedicta reponi facerent in ecclesia christi cantuariensi , in forma per praelatos & barones praedictos provisa . ac iidem tales ad praemissa exequenda deputati ad praesens non sint in regno , & etiam procuratores eorum ad hoc negligentes inveniantur , per quod magna distractio seu dilapidatio de bonis ecclesiarum praedictarum , propter praesentem regni turbationem fieri posset , nisi de conservatione eorundem cum celeritate provideatur : assignavimus dilectum clericum nostrum henricum de otinton , ad blada dictorum beneficiorum in qusbusdam locis sibi assignatis per sacramentum proborum et legalium hominum aestimata et appreciata , vendenda per visum et consilium procuratorum praedictorum nisi interesse voluerint , quibus hoc idem denunciari praecipimus . ita quod de exitibus inde provenientibus prout justum fuerit satisfieri faciamus . et ideo vobis mandamus , quod praefato henrico tàm circa aestimationem quàm venditionem eorundem cum ab eo requisiti fueritis , assistatis , & intendatis , & consilium & auxilium vestrum efficaciter impendatis . teste , &c. the differences between the king and his barons concerning the ordinances made at oxford being referred to the king of france , who made an award therein which was not full and satisfactory to all parties , thereupon the king and his barons by mutual consent , by these letters patents submitted that award to other arbitrators herein named , to amend or correct , by way of addition or detraction , whatever they should judge meet for the setling and preserving of peace between them , submiting themselves to the excommunication and ecclesiasticall censures of the popes legat if they should infring their accord herein . rex angliae , s. de monte forti comes leycestr . gilbertus de clare comes gloucestr . & hereford . johannes filius johannis , johannes de burgo senior , willielmus de monte canisio , henricus de hastings , gilbertus de gaunt , & caeteri barones & magnates angliae , universis christi fidelibus ad quos praesentes literae pervenerint , salutem in domino . cum super praeteritis guerrarum discriminibus in regno angliae subortis , quaedam ordinatio seu forma pacis de nostro praelatorum , & totius communitatis regni praedicti , unanimi voluntate & assensu provida deliberatione inita fuerit , quam nuper domino regi franciae fecimus praesentati , & quam deo gratam , nobis & regno nostro credimus oportunam . ac quidam ut intelleximus facti veritatem minus plenè intelligentes , ordinationem ipsam seu pacis formam minus sufficientem , asserentes de quibusdam articulis in eadem insertis non fuerint contenti . nos ad pacem & tranquillitatem regni praedicti totis viribus , sicut tenemur , laborare volentes ut justitia nostra & facti veritas patefiat , & singulis plenius innotescat , plenam damus potestatem venerabili patri h. london ▪ episcopo & nobili viro hugoni le despenser , justic . anglia , & nobilibus viris bartho . com. audeg . praedicti regis franc. germano & abbati de boccon inspiciendi & examinandi formam ordinationis seu pacis praedictae , addendi & detrahendi eidem , & emend 〈◊〉 di , si quid addendum , detrahendum seu corrigendum viderint , & providendi omnem securitatem quam viderint oportunam , & ea omnia , quae ordinanda seu statuenda duxerint firmiter observandi . nos autem omnia & singula quae ipsi ad emendationem & observationem pacis ejusdem ordinaverint ; rata habebimus et accepta subjiciendo nos jurisdictioni et coertioni uenerabitis patris ● . sabin . episcopi apostolicae sedis legati , ut ipse per sententiam excommunicationis , et omne genus censurae ecclesiasticae , nos et omnes et singulos compellere possit , si forte ordinationem praedictorum in aliquo praesumpserimus contrahere . et si praedictus com. andeg. praesens non fuerit , vel negotium istud in se assumere noluerit , volumus quod dominus de neel , vel dominus petrus de camberleng . loco ejusdem com. subrogetur . quod si praedicti quatuor in aliquo articulo pacis praedictae discordes fuerint , judicio majoris partis eorundem stetur . et si pares in discordia fuerint , volumus ut venerabilis pater archiepiscopus rothomag . eis associetur , & quod à majori parte eorundem quinque concorditer fuerit ordinatum ; firmiter observetur . nolumus autem quod aliquid liceat eis dicere , ordinare , seu statuere circa emendationem ordinationes sen pacis praedictae , per quod regnum angliae , per alios quam per indegenas gubernetur , nec castrorum custodia seu alia balliva in ▪ regno praedicto aliis quam indigenis fidelibus non suspectis committatur , volumus etiam modis omnibus quod pax inter nos regem angliae , & praefatum com. leyc . super personalibus & specialibus querelis , questionibus & contentionibus quas contra eundem comitem habemus & ipse adversus nos , & de quibus posuimus nos in praedictum regem franc. fiat & assecuretur antequam pax seu ordinatio praedicta finaliter compleatur . in cujus rei testimonium huic scripto nos rex angliae , com. leyc . & glouc. jo. johes , willielmus , henr. & eg●dius , pro nobis & caeteris baronibus , & communicate regni angliae sigilla nostra apposuimus . dat. apud cantuar. die jovis prox . post festum nativ . beati virginis . anno domini , . the king and the barons having by common consent entred into articles of agreement under their hands concerning the reformation of the realm of england , and referred themselves therein to the determination of the french king or the popes legate , the king thereupon constituted these three proctors to conclude and consent on his behalfe to what ever should be therein agreed , submitting himself to the legates ecclesiasticall censures and excommunication to compell him to the performance thereof , by this patent . rex angliae , omnibus ad quos &c. salutem . noverit universas vestra , quod nos ordinamus & constituimus venerabiles patres w. wygorn . & i. winton . episcopos , & nobilem virum petrum de monteforti procuratores & nuncios nostros sollempnes , dantes eis potestatem tractandi in praesentia magnifici principis domini l. dei gratia regis franc. illustris , & venerabilis patris g. sabin . episcopi apostolicae sedis legati , vel alterius eorum , super reformatione status regni angliae . et quod in hac parte provisum fuerit acceptandi & firmandi , seu etiam compromittendi super hoc in certas personas si viderint expedire , ac omnem securitatem faciendi quam negotii qualitas requirit , & quam nobis seu regno praedicto viderint optimum dantes insuper praefato , petro potestatem jurandi in animam nostram , quod nos ▪ quicquid ipsi tres in praemissis nomine nostro duxerint faciendum , ratum habebimus et acceptum , subjiciendo nos jurisdictioni et cohercioni praedicti legati , ut ipse per sententiam excommunicationis et omne genus censurae ecclesiasticae nos compellere possit , ad observationem praemissorum . in cujus , &c. dat apud cantuar. die jovis praedicta anno praedicto . there being many great damages and spoiles done to the church and church-men during the civil wars between the king and barons anno. , and . h. . the king and they comming to a treaty , agreed on these articles subscribed with both their hands concerning reparation for those damages sustained by them . purveu est par commun assentment du roi & des prelaz , des contes & de barons de la tere , ke les trespas ke fait sont contre seinte eglise en engleterre par acheson de trublement & de la guere ke ad este en reaume de engleterre , soient amendez en cest forme . soient eiluz d●s contes & des grannz gentz de la terre par la volente è lassetment des prelaz , trois evesques , ki des amendas reasonables ke sont a foir pur les avandiiz forfez ke ont este fait contre seinte eglise aient plein poeer de le stablir & de purver kanque bone s●ra & renable chose . ceus que escomenge seront trovez , soient assous en forme de droit par ceus qi poeer averout . le poer des prelaz soit affirmee en ceste manere : premis soit en bone fei des contes , è de la justice , & des autres lais qui sont du conseil le roy , è autres granz barons de reaume , ke totes les choses ke les prelaz ke eleus seront ; purverunt renablement en nom de amendes garderont pur soi , è metteront peine è bone fei de fere garder des autres , è de ceo eudognent lor lettres overtes . derechef as prelaz puis kilserout esluz , soit done plein poeer du roi è de la communaute . des contes & des barons & de grannz homes de la terre a purver les choses ke b●soignables del estat de seint eglise , al honeur deu , a la foi nostre s●inur le rei , & au proffit du reaume . e. ceo soit proms en bone foi par le roi , par les contes & les avanditz barones , è par les autres grannz homes de la terre si en facent lor lettres overtes . cest a saver des choses ke unt este faitz puis le pasch . derine eut un an , ce est a saver le an nostre seignor le roi. si nul soit trove ke ne voile ester al ordenement è le purveaunce des avauntditz prelaz en les choses avant dites & solonc les formes avant dites , soit distreint par sentence de seint eglise . esi mester est , soient distreint par la lai force . e. qe ceste chose se puisse meuz faire , eit la justic cent i plus chevelers ou serjaunz soudeers eluz a distreindre les mesfesours quant il sera requis par les avantdiz praelaz ei ceu● soudeers de biens commuus de seint eglise soient sustenuz taunt come il sont en cele bosoin e cest ordenement durge sovans a un an ou a deus , deikes les choses soient bene en pes è les purveances des prelaz è la pes de la tere bien meintenue . purveu est ke les biens des benefices de seinte eglise des aliens è des autres ke out est outre la tere soient coilli , è sauvement garde par les mains des prelaz desques a tant ke soit purveu par comune conseil ke len devera faire , e afermete en tesmoinance de ceo le rois et les hauz homes de la terre out mis lur seus a cest escrit . in pursuance of these articles of agreement , the king issued these commissions and writs to several bishops and others to sequester and secure the goods and profits of such bishops , aliens , non-resident clerks who absen ed themselves , which were spoiled , sold , and wasted during the warrs . rex venerabilibus g. ebor. archiepisco . h london . & r. linc episcopis salutem . quia nonnulli qui deum & ecclesiam irreverenter & enormiter offenderunt , ecclesiis & ecclesiasticis personis regni nostri praeteritis turbationum temporibus injurias varias , & dampna gravia intulerunt , nos deo & ecclesiae , ac laesis personis de dampnis & injuriis hujusmodi debitam ac plenam satisfactionem fieri cupientes , prout nuper london . de nostrorū praelatorum ac procerum regni nostri consilio & assensu ordinatum extitit & provisum . vobis mandamus firmiter injungentes quatenus vocatis qui fuerint evocandi , et auditis querelis super injuriis et damnis praedictis , ad laudem dei et honorem ecclesiae quod vobis justum videbitur decernatis , congruam ac debitam dictis laesis satisfactionem fieri facientes . nos enim quod per vos in praemissis ordinatum fuerit seu statutum annuente domino faciemus firmiter observari . quod si non omnes hiis exequendis potueritis interesse duo vestrum ea nihilominus exequantur . in cujus &c. teste rege apud woodstock . die decembris . venerabilibus patribus g. ebor. archiepiscopo , h. london . & r lincoln . episcopis salutem . quia nonnulli qui deum et ecclesiam irreverenter et enormiter offenderunt , ecclesiis et ecclesiasticis personis regni nostri praeteritis turbationum temporibus injurias varias et dampna gravia intulerunt , nos deo et ecclesiae ac laesis personis de damnis et injuriis hujusmodi debitam ac plenam satisfactionem fieri cupientes , prout nuper london . de nostrum praelatorum ac procerum regni nostri consilio et assensu ordinatum existit , et provisum , vobis mandamus firmiter injungentes , quatenus vocatis qui fuerunt vocandi , & auditis querelis super injuriis & dampns praedictis , ad laudem dei et honorem ecclesiae quod vobis justum videbitur decernatis , congruam ac debitam dictis laesis satisfactionem fieri facientes , nos enim quod per vos in praemissis ordinatum fuerit seu slatutum annuente domino faciemus firmiter observari . quod si non omnes hiis exequendis potueritis interesse , duo vestrum ea nihilominus exequantur . in cujus , &c. omnibus &c. salutem . cum terrae , tenementa , possessiones & bona venerabilis patris b. cantuar. archiepiscopi occasione turbationis in regno nostro nuper habitae à quibusdam illicitè occupata , consumpta fuerint & distracta , ad grave dampnum ipsius archiepisc . & ecclesiae suae cantuar. ut dicitur , nos indempnitati ejusdem archiepiscopi & ecclesiae suae praedictae providere volentes , sicut & tenemur , de consilio magnatum nostrorum qui sunt de consilio nostro , commisimus venerabili patri h. london . episcopo & aliis , omnes terras , tenementa , possessiones & bona ad praedictum archiepiscopatum spectantia , custodienda , quamdiu nobis placuerit . ita quod omnes exitus & proventus eorundem colligi & salvo reponi faciant in ecclesia praedicta cantuar. convertendos in usus & utilitatem ecclesiae praedictae . in cujus , &c. omnibus &c. salutem . cum nonnulli occasione turbationis in regno nostro nuper habitae fructus & proventus ecclesiarum , et etiam alia bona ecclesiastica clericorum alienigenarum et aliorum clericorum , nobis et regno nostro adversantium , et extra regnum nostrum agentium distrahant , et devastent et consumant , nos ecclesiasticae libertati in hac parte prospicere volentes , de consilio praelatorum et baronum nostrorum qui sunt de consilio nostro , assignavimus venerabilem patrem h. london . episcopum , & dilectos nobis tales ad fructus , proventus & bona ecclesiastica praedictorum clericorum tam in diocesi cantuar. quàm in aliis beneficiis suis suis extra eundem dioc. ad collationem praedicti archiepiscopi spectantibus , colligenda & custodienda , ita quod fructus & proventus & bona praedicta repom faciant in ecclesia christi cantuar. in forma per praelatos & barones praedictos provisa . in cujus , &c. rex vic. kanc. salutem . cum de consilio praelatorum & baronum nostrorum qui sunt de consilio nostro , terras , tenementa , possessiones & bona b. cantuar . archiepiscopi ad archiepiscopatum cant. spectantia , & etiam fructus & proventus ecclesiarum , & alia bona ecclesiastica clericorum alienigenarum & aliorum clericorum nobis & regno nostro advesantium , & extra regnum nostrum agentium quae sunt in dioc. cantuar. h. london . episcopo , & magistro richardo de mepham archid. oxon. & rogero de norwod . pro eo quod nonnulli occasione turbationis in regno nostro nuper habitae quasdam terras & tenementa praedicta occuparunt , & fructus & proventus ecclesiarum praedictarum distraxerunt & consumpserunt , comiserimus custodienda . ita quod omnes exitus terrarum & tenementorum praedictorum & fructus & proventus ecclesiarum praedictarum reponi faciant in ecclesia christi cantuar. in forma per praelatos & barones praedictos provisa ; ac praedicti custodes ad conservationem bonorum praedictorum , & ad bona ecclesiastica modo praedicto distracta recuperanda consilio & auxilio tuo plurimum indigeant ; tibi praecimus , quod quociens ab eisdem fueris requisitus , eis ad hoc assistas , & consilium & auxilium tuum tam diligenter impendas quod diligentiam tuam commendare merito debeamus . teste rege . die septembris . the king likewise issued this writ to prohibit all lay-force , wast and plunder in the prebendary of william de merton , or the lands , goods and possessions belonging to him ; at the petition of the bishop of london , signed in the presence of many bishops and some lords . rex majori & vicecomitibus london . salutem . cum nonnulli occasione turbationis nuper habitae in regno nostro , decimas , fructus , & alia bona ecclesiastica devastent , et quo minus praelati eorundem ea quae ad officium suum pertinent exercere valeant in ecclesiis antecedictis ; nos honori et indempnitati ecclesiasticae libertatis providere volentes , ut tenemur , ad requisitionem venerabilis patris h. london . episcopi , vobis de consilio baronum nostrorum praecipimus firmiter injungentes , quod omnem vim laicam , et etiam armatam quae se tenent in praebenda dilecti clerici nostri walteri de merton de fynisbyr . seu in possessionibus ejusdem ad devastand . distrahend . consumend . seu occupand . bona & possessiones ejusdem , sine dilatione faciatis amoveri , non permittentes praefatum episcopum ab aliquibus impediri , quo minus ea quae ad officium suum spirituale pertinent , exercere valeat in eadem . teste rege apud sanctum paulum london . . die augusti . per ipsum regem , london . wygorn . sarr . wynton . exon. cicesterc . & aliis episcopis praesentibus , & hoc postulantibus . item praesentibus h. le dispenser justic. radulpho de cameys , ad , de novo mercato , egid. de argentein . rex episcopo norwyc. salutem . cum nonnulli occasione turbationis in regno nostro nuper habitae , fructus & proventus ecclesiarum , et etiam alia bona ecclesiastica clericorum alienigenarum no-nresidentium , et aliorum clericorum , nobis et regno nostro adversantium et extra regnum agentium distraxerint , et devastaverint , et nos ecclesiasticae libertati in hac parte prospicere volentes , nuper de consilio praelatorum et magnatum nostrorum assignaverimus vos ad fructus et proventus , et alia bona ecclesiastica praedictorum cleriricorum in vestra dic. colligenda et custodienda ; ita quod exitus inde provenientes reponi faceretis in ecclesia cathedrali norwic. in forma per nos et praelatos et magnates praedictos provisa . ac cum domus ecclesiae magistri p. de camberlaco , apud fakeham decidant , & bona sua ibidem sint destracta ut accepimus , & w. de w●thm . terras , possessiones & beneficia ibidem habeat vicina , per quod utilitati dictae ecclesiae commodius poterit providere . nos de fidelitate & industria praedicti willielmi plenam gerentes fiduciam , vos rogamus , quatenus praedictam ecclesiam cum capellis ad jacientibus praedicto willielmo committatis custodiendam , ita quod de fructibus inde provenientibus respondeat , prout de jure faciendum , & nos in hac parte conservet indempnes . teste rege apud westm . . die febr. rex omnibus &c. cum nonnulli occasione turbationis in regno nuper habitae fructus & proventus ecclesiarum & etiam alia bona ecclesiastica clericorum alienigenarum non-residentium , & aliorum clericorum , nobis & regno nostro adversantium , & extra regnum nostrum agentium devastaverint & destraxerint , propter quod nos ecclesiasticae libertati in hac parte prospicere volentes , & consilio praelatorum , & baronum nostrorum assignavimus dilectum & fidelem nostrum stephanum soudan , ad vendendum quandem partem bladorum ecclesiae de racolur . & capellarum suarum de hirn . & beruer . manketon . & bertelton , quae remansit post devastationē & destructionem bladorū praedictorum , & quae per sacramentū proborum & legalium hominum aestimata fuit & appreciata ad quinquaginta libr. & duodecim denar . ac idem stephanus praedictam partem pro pecunia supradicta vendiderit & pecuniam illam in gard . nostram solverit , de qua illis quibus de jure fuit respondendum satisfieri faciemus , nos venditionem praedictam acceptantes praefatum stephanum de venditionem praedicta conservabimus indemnem . in cujus , &c. teste rege apud westm . . die octobris . rex omnibus &c. cum nonnulli occasione turbationis nuper habitae in regno nostro fructus & proventus ecclesiarum , & etiam alia bona ecclesiastica clericorum alienigenarum non residentium , & aliorum clericorum nobis & regno nostro adversantium & extra regnum nostrum agentium distrahant , devastent & consumant . nos ecclesiasticae libertati in hac parte prospicere cupientes , de consilio praelatorum & magnatum nostrorum assignavimus venerabilem patrem r. carl. episcopum ad fructus , proventus & alia bona ecclesiastica praedictorum clericorum in diocesi sua colligenda & custodienda . ita quod exitus inde provenientes reponi fac . in cathedrali ecclesia ka●l . in forma per praedictos praelatos & magnates nostros provisa . in cujus , &c. teste rege apud westm . . die febr. during the wars between the king and his barons , divers vicars and persons desirous to reside upon their cures so as they might be secured and protected from violence therein , the king thereupon granted protections to those who desired them , particularly this to walter de merton . omnibus &c. sasutem . cum de consilio baronum nostrorum providerimus , quod clerici ecclesiarum rectores , vicarii &c. personae ecclesiasticae apud beneficia sua ecclesiastica personalem facere volentes residentiam , salvo et secure et absque impedimento nostri vel nostrorum in beneficiis suis valeant commorari , ac dilectus clericus noster walterus de merton . sicut intelleximus , residentiam hujusmodi apud beneficia sua quae obtinet in regno nostro facere proponet . vobis mandamus quod eidem waltero in eundo vel redeundo seu moram faciendo apud beneficia sua praedicta nullum inferatis , vel quantum in vobis est inferri permittatis dampnum , impedimentum , injuriam seu gravamen . incujus , &c. pope vrban sending a legate towards england , at his request , the king dispatched this letter , desiring him to send peter montefort a safe conduct to dover , in going , staying and returning . rex g. sabiensi episcopo , apostolicae sedis legato , salutem . quia dilectum & fidelem nostrum petrum de monteforti , unum de consiliariis nostris , veritatis pacis & tranquillitatis zelatorem , ad vestram praesentiam destinamus , pro quibusdam negotiis nostris reformationem pacis et tranquillitatis regni nostri contingentibus , vobis viva voce plenius exponendis . cui super hiis cum ad vos venerit fidem adhibeatis indubitatam , paternitatem vestram rogamus & requirimus attentè , quatenus literas vestras de salvo et securo conductu inveniendo ad vos , vobiscum morando , et aliunde recedendo , sub omni festinatione sibi obviam usque dovor . transmittere velitis . teste rege apud cantuar. . die septembris . this legat not daring to arrive in england for fear of those of the cinqueports and the barons , you shall receive an account of his proceedings in the next year . the clergy having granted a disme to the king for the defence of the realm and church , by unanimous consent , and that it should be collected by the bishops , and imployed by the king for the common benefit of the realm and church , he thereupon issued this writ to the bishop of norwich , and another to the archbishop of york , speedily to collect and pay in the same , else in their default the sheriffs of the county should levy it , his necessities and the publick safety being to be preferred before the churches liberties in this case , though he had an extraordinary care to preserve them . rex s. episcopo norwic. salutem . cum per praelatos et magnates regni nostri provisum sit et unanimiter concessum , quod decimae proventuum omnium beneficiorum ecclesiasticorum in regno nostro conferantur ad communem utilitatem ejusdem regni et ecclesiae anglicanae , et quod hujusmodi decimae per locorum episcopos leventur , et ad nos mittantur : vobis mandamus , quod hujusmodi decimas quas juxta provisionem praedictam in vestra dioc ▪ de beneficiis ecclesiasticis levari fecistis ad nos sine dilatione mittatis , convertendas in communem utilitatem regni nostri et ecclesiae praedictae , & hoc nullatenus omittatis . scituri quod nisi hoc mandatum nostrum facere volueritis , de consilio magnatum , qui sunt de consilio nostro , mandavimus vic. nostro norff. & suff. quod dictam decimam ob defectum vestri , ( quod nollemus ) levari , & ad nos mitti faciat indilatè . teste rege apud cantuar. primo die septembris . rex g. eborum archiepiscopo , angliae primati , salutem . licet nos una cum regni nostri praelatis et proceribus super alienigenarum inimicorum nostrorum adventu nuper praemuniti , de consilio eorundem praelatorum et procerum provida deliberatione duxerimus statuendum , ut a communis defensionis auxilio nullus excludatur sexus aut ordo , nullius personae laboribus , nullis rerum parcatur impendiis ; illa tamen devotio debita quam ad sanctam ecclesiam catholicam gerimus nos induxit , ut virorum ecclesiasticorum in hac parte subsidium de praelatorum ordinaretur assensu , qui ut suae et clericorum suorum tranquillitati prospicerent , et bellorum clades personaliter evitarent , decimam omnium ecclesiasticorum proventuum in suis diocesibus , non solum nobis , sed ad utilitatem rei publicae , regni et ecclesiae anglicanae concesserunt . quia vero non tantum ecclesiis eboracensis ecclesiae suffraganeis , & earum clericis , sed etiam ipsi eborum ecclesiae vestrae ejusque clericis , & toti clero regni nostri prospicitur in hac parte . vobis mandamus firmiter injungendo , quod decimam omnium ecclesiasticorum proventuum in dioc. eborum existentium , nullo ab hac praestatione exempto , per vos vel ministros vestros , citra festum sancti mich. levari , et ad nos mitti faciatis . in hoc enim non modicum ecclesiasticae libertati deferrimus , cum non per ballivos nostros in tam ardua necessitate , sed per viros ecclesiasticos hujusmodi subsidia ad opus rei publicae regni et ecclesia anglicanae colligi demandemus . et sciatis , quod nisi hoc mandatum nostrum cum summa celeritate fueritis executi , quantumcunque libertates ecclesiae tueri totis viribus nostris intendamus , omittere non possumus nec debemus , quin pro securitate regni nostri ejusque defensione , et communi utilitate dictam decimam per ballivos nostros levari faciamus . teste rege apud cantuar. . die septembris . yet notwithstanding this excuse of no clerks to contribute in this common danger , the king by these writs , by advice of the bishops and lords of his counsil , caused his chaplains who personally attended him towards the sea coast , in this expedition against foreign enemies , to be exempted from paying any dismes , as this writ attests . rex archiepiscopo eborum , angliae primati , salutem . cum per praelatos et magnates qui sunt de consilio nostro nobiscum existentes , provisum sit et unanimiter concessum , quod clerici nostri nobiscum personaliter proficiscentes versus mare contra hostilem adventum alienigenarum in regnum nostrum quieti sint a praestatione decimae beneficiorum ecclesiasticorum in regno nostro per nos et praelatos , necnon et magnates ejusdem regni nuper provisae ; vobis de consilio dictorum praelatorum & magnatum mandamus , quatenus dilectum & fidelem clericum nostrum johannem de kirkby , qui non sine magnis laboribus & expensis nobiscum versus mare profectus est , à praestatione decimae praedictae in dioc. vestra quietum esse permittatis . et si quid ea de causa ab ipso capi feceritis id sine dilatione restitui faciatis eidem . teste rege apud cantuar. . die augusti . per consilium . consimiles literas habent adam de cestreton , & robertus fulton , directas episcopo norwicen . the king issued this writ to the official of the bishop of rochester , collector of his dismes , to pay l. out of it for a special occasion , and hasten the collection of the residue thereof , else he would levy it by the sheriff . rex magistro nicholao offic. l. roffen . episcopi , salutem . cum nuper vobis per literas nostras mandaverimus , quod decimam omnium fructuum & proventuum ecclesiasticorum in episcopatu roffen . existentium colligi , & ad nos mitti faceretis , liberandam hugoni le despeus●r , justic . nostro angliae , prout inter nos & praelatos & barones nostros est provisum . ac vos id hactenus facere non curaveritis , de quo miramur plurimum & movemur . vobis mandamus , quatenus de dicta decima sine dilatione habere faciatis johanni de weston , & willi●lm● de yating , vel eorum alteri has literas deferenti l. ad quaedam negotia nostra quae eis injunximus inde expedienda , & residuum totius decimae praedictae , ad nos habeatis apud cantuar. hac instanti die sabbati vel dominica sequenti tempestivè . et hoc sicut praefatum dominum vestrum & vos indempnes conservare volueritis nullatenus omittatis . scituri , quod si id facere distuleritis nos praedictam decimam per vic. nostrum kanc. levari faciemus . teste rege apud cantuar. . die septembris . per a. de novo mercato , egidium de ergentem , r. de com. the bishop of winchester , abbots of abbendon , ramsey , and others , refusing to appear with the horses , armes , and knights service which they ought to perform to the king upon his summons , the king therupon by advice of his barons and great men , issued these writs to seise and detain their baronies , temporalties and goods for this their contempt , without committing wast or dilapidation therein , till further order . rex reginald . filio petri vic. sutht . salutem . cum nuper propter turbationem regni nostri , & etiam propter guerram in eodem regno jam subortam , summoneri fecissemus archiepiscopos , episcopos , abbates , priores , comites , barones , milites , & alios qui servitium nobis debent , ut essent ad nos apud oxon. ad mediam quadrages . prox . praeteritam , cum equis et armis , et toto servitio suo nobis debito , in hujusmodi necessitatis articulo consilium et auxilium efficax super praemissis impensuri . ac quidam ex eis servitium suum nobis debitum facere noluerint , propter quod de baronum consilio et magnatum nobiscum existentium , provisum est , quod baroniae , terrae et tenementa eorum , qui de nobis tenent in capite , et qui nobis ser●itium suum nobis debitum juxta mandatum nostrum facere noluerunt , capiantur in manum nostram , donec tam de dicto servitio , quam de hujusmodi transgressione nobis satisfecerint . vobis mandamus firmiter injungentes , quod baronjas venerabilis patris j. win●● . episcopi , & abbatis de abbindon , qui servitium suum nobis dabitum ad mandatum nostrum facere noluerunt , capias in manum nostram , et eas una cum honis et catallis in ipsis inventis , sine distractione seu dilapidatione aliqua inde facienda salvo custodiri . facia● . ita quod de bonis et catallis ipsis vel de pre●io eorundem , et de exitibus baroniarum praedictarum nobis sufficienter res●ondeas , done● aliud inde praeceperimus . teste rege apud oxon. ● . die aprilis . eodem modo mandatum est adae de grenvill vic. north● . quod capiat in manum regis baronias episcopi eliens . & abbatis de ramesey . eodem modo mandatum est vic. nottingh , & d●r● . quod capiat in manum regis baronias archiepiscopi ebor. & episcopi lincoln . the king commanding the sheriffe of yorkshire by a like writ to seise and detain in his hand the temporalties of the archbishop and other prelates , without wast or spoile of the goods therein , for not rendring their service due to him in his wars , whereupon he seised and much wasted the goods against the kings precept and intent , detaining some of the bishops tenents in prison , the king thereupon commanded him by this writ to make full restitution of the temporalties , goods and profits he took from him and his tenents , to release the prisoners , and restore their ransomes under pain of imprisonment , and his heavy displeasure . rex roberto de nevill vic. ebor. salutem . cum baronias quorundam praelatorum regni nostri nuper ceperimus in manum nostram , eo quod servitia sua nobis debita nobis minimè fecerunt ad mandatum nostrum , ac vobis mandaverimus quod baroniam venerabilis patris g. ebor. archiepiscopi caperetis in manum nostram , pro eo quod servitium suum nobis tempore competenti non exhibuit , ita quod eam salvo & absque distractione aliqua bonorum ejusdem baroniae custodiri faceretis , vos ut accepimus , bonorum illorum dissipationem non modicam fieri permittitis ad gravissimum dampnum archiepiscopi supradicti , super quo nec immeritò movemur . verum quia demandam nostram servitii dicti archiepiscopi jam in suspenso posuimus ad tempus , vobis mandamus quatenas baronium suam cum omnibus inde perceptis à tempore captionis ejusdem in manum nostram , sine dilatione restituatis eidem . quia etiam datum est nobis intelligi , quod milites & servientes supradicti versus nos nuper venientes cum equis & armaturis ad faciend . nobis servitium praedictum per viam arr●stavistis , & quosdam ex eis adhuc in carcere detinetis , & à quibusdam eorum graves redemptiones coepistis , quod grave gerimus & indignè . vobis firmiter injungimus quatenus dictos incarceratos sine mora deliberetis , & tam eis quam aliis a quibus redemptiones coepistis , omnia per vos aut vestros sibi ablata plenariè restitui faciatis . ne super hoc oporteat nos gravius sollicitari , propter quod ad vos graviter capere debeamus . teste rege apud sutton . . die maii. the bishop of bangor , having interdicted the chapple of the son of griffin in a suit concerning his lay-fee , which belonged not to ecclesiastical but to the lay-court , and refusing to take off the interdict upon caution tendred , the king thereupon issued this writ to him to take off the interdict , or else to suspend it till the parliament approaching , where both parties might be heard and the matter decided . rex bangorensi episcopo salutem . ex parte l. filii griffini , nobis est ostensum , quod cum ipse pro se & hominibus suis vobis cautionem sufficientem frequenter obtulerit , de parendo mandatis ecclesiae in forma juris , si in aliquo contra vos in praejudicium ecclesiasticae libertatis deliquerint , vos cautionē hujusmodi hactenus admittere recusastis , nihilominus pro causis non ad forum ecclesiasticum , immo ad curiam laicalem mere pertinentibus , ut de laicalibus feodis , capellam suam interdicto supposuistis . et quia hoc sustinere nolumus sicut nec debemus , maxime cum placita de laicis feodis in regno nostro ad coronam et dignitatem nostram pertinent . vobis mandamus rogantes , quod praefatum interdictum sine morae dispendio revocetis , vel saltem ponatis in respectum usque ad instans parliamentum nostrum quod habituti sumus apud westm . ubi vos una cum caeteris praelatis regni nostri jurta mandatum nostrum intereritis , ut tunc habito tractatu super praemissis , inde fiat utrique parti quod de jure fuerit faciendum . teste rege apud gloue . . die maii. ( a ) thomas stubs and ( b ) go●win , informe us , that william de langton dean of york , being elected archbishop thereof after the death of godfry de kynton , the pope having a mind to prefer another thereto by his provisions who would give more money for it ; ejus electio ratione pluralitatis beneficiorum ecclesiasticorum cassata fuit in curia romana , cum tamen non haberet nisi unam ecclesiam cum decanatu eboracensi : ( if all pluralists had been rejected upon this account , there had scarce been one bishop consecrated in that age ; ) although the king confirmed his election . upon his rejection , the pope by provision translated walter giffard ( being his chaplain ) from the bishoprick of bath and wells to york : being consecrated archbishop by the pope himself , returning from beyond the seas ; * cum londinum pervenisset , per medium urbis portari fecit crucem suam ante ipsum in propatulo elevatam , accedensque ad regem , honorificè susceptus est , & inde ad partes tendens angliae boreales , in suo gaudenter archiepiscopatu pastor & pater suscipitur sublimatus . * simon montefort earl of leycester , during the kings imprisonment under him , making use of the kings great seal at his pleasure , presented almaricus de montefort to the treasurership of york church , in the kings gift , against his will , who was installed therein : not long after the king gaining the liberty of his person and seal , by his victory over the barons at evesham , revoked that presentation as void , and presented edmund mortimer to this treasurership ; commanding the canons to install him , who refusing to do it , the king thereupon issued another commission to some others to install him , upon their delay or neglect to do it . henricus dei gratia , rex angliae , dominus hiberniae , & dux aquitaniae : dilectis sibi in christo capitulo ebor. salutem . cum dudum nobis in plena & regia potestate nostra existentibus , concesserimus providere dilecto nobis edmundo de mortuo mari in ecclesiastico beneficio competenti quàm cito facultas se offeret , & post bellum habitum inter nos & quosdam fideles nostros ex parte una , & simonem de monteforti quondam comitem leyc . & fautores suos ex altera apud lewes , extiterimus in custodia praefati simonis & aliorum fautorum suorum , per quod tempore ipsius custodiae , contra voluntatem nostram , praefatus comes literas sigillo nostro ( quonon nos sed comes ipse pro suo utebatur arbitrio ) formari fecit , continentes quod nos thesaurariam eboracensem tunc vacantem almarico de monteforti concessimus , & vobis mandavimus quod eidem almarico stallum in choro & locum in capitulo assignaretis . ac nos per dei adjutorium vires nostras resumpserimus , per quod concessionem illam & alias quae per literas nostras nobis invitis factae fuerant dum in custodia praedicta eramus , volumus revocari & annullari , immo nullas haberi , & thesaurariam ipsam jam spontè praefato edmundo concessimus . et ideo vobis mandamus , quod amoto quolibet detentore eidem edmundo stallum in choro & locum in capitulo , prout moris est , assignetis . in cujus rei testimonium has literas nostras fieri fecimus patentes . teste meipso apud wygorn . . die angusti . anno regni nostri . upon their refusall , the king issued this further commission . rex dilectis & fidelibus suis willielmo de clyfford , & magistro willo de wygorn . salutem . cum post conflictum habitum inter nos , & quosdam fideles nostros ex parte una , & simonem de monteforti , quondam com. leyc . & fautorum suorum ex altera apud lewes , extiterimus in custodia praefati simonis & fautorum suorum , per quod tempore ipsius custodiae contra voluntatem nostram literas sigillo nostro , quo pro suae libertate voluntatis utebatur , signari fecit , continentes quod nos thesaurariam eboc . vacantem almerico de monteforti concessimus , & capitulo ebor. mandavimus quod eidem almarico , stallum in choro & locum in capitulo assignarent . et nos per dei adjutorium vires nostras resumpserimus , per quod concessionem illam & alias concessiones , quae per literas nostras nobis invitis factae fuerunt , dum in custodia praedicta eramus , volumus annullari , immo potius nullas haberi , per quod thesaurariam ipsam sponte edmundo de mortuo mari , clerico concessimus , & praedicto capitulo mandavimus , quod amoto quolibet detentore eidem edmundo stallum in choro , & locum in capitulo assignarent . ac ipsi mandatum nostrum eis pro eodem edmundo directum facere distulerint , de quo miramur et quamplurimum movemur . nos de vestrae fidelitatis constantia plenam gerentes fiduciam , vobis mandamus firmiter injungentes , quod vos duo vel unus vestrum eidem edmundo stallum in choro & locum in capitulo assignetis , & thesaurariae praedictae plenam seisinam ei habere faciatis , & hoc sicut honorem nostrum & vestrum , diligitis nullo modo omittatis . teste &c. item mandatum est magistro simoni de evesham archid. richmundiae , quod quia rex de fidelitatis suae constantia , circumspectione & industria plenam gerit fiduciam , quod eidem edwardo stallum in choro & locum in capitulo assignet . et hoc sicut regem & honorem suum diligit , & gratiam in conspectu regis habere voluerit , nullo modo omttat . item mandatum est vic. eborum quod assumpto secum magistro willielmo de wygorn . eidem edmundo de thesauraria praedicta plenam seisinam habere faciat . teste rege apud winton . . die septembris . the king giving his assent to the election of the archbishop of york , sent this certificate thereof to the pope , that he might be consecrated thereunto . sanctissimo in christo patri domino dei gratia sacrosanctae romanae ecclesiae summo pontifici h. eadem gratia rex angliae , dominus hiberniae , & dux aquitaniae salutem , cum reverentia & honore . sciatis quod electioni nuper celebratae , in ecclesia cathedrali sancti petri ebor. de discreto viro willielmo de rotherfield , decano dictae ecclesiae in archiepiscopum ejusdem loci , regium assensum adhibuimus , & favorem . et hoc vestrae sanctitati tenore praesentium significamus , ut quod vestrum est in hac parte exequamini . in cujus , &c. teste rege apud westm . . die aprilis . peter bishop of * hereford , being a nonresident from his bishoprick , demeaning himself like an hireling , not as a reall shepheard , devouring the milk , wool , but not knowing nor feeding his flock , nor discharging his spirituall office for which he received the temporalties , the king coming to hereford , finding him absent , the service of god both in his city and diocesse generally neglected , he being highly offended and grieved therewith , out of his ecclesiastical supremacy and care of his peoples souls , sent him this memorable writ , worthy to be ingraved in indelible characters in the hearts , memories , palaces of all christian kings , and unpreaching , rarepreaching , nonresident prelates , canons , pastors ; commanding him immediately to repair to his bishoprick , and discharge his pastorall office with care and diligence , under pain of seising all his temporalities , goods , enjoyning the archbishop of canterbury , and his official by their ecclesiastical constitutions and censures , to enforce him to discharge his duty , as they would avoyd his royal displeasure , proceedings against them by his secular power , and thescandall which would else inevitably fall upon them both . rex episcopo hereford salutem . pastores gregibus praeponuntur ut diei noctisque vigilias exercendo super eos qui pecoris vultum agnoscant , et oves famelicas in fertilitatis pascua introducant , errantes vero per verbum salutis et virgam correctionis in unius ovilis conservatione studeant indissolubilem unitatem . sed sunt nonnulli qui hanc doctrinam damnabiliter contempnentes , ac sua ab aliis pecora distinguere nescientes , lac et lanam tollunt , qualiter dominicus grex alatur non curantes ; temporalia rapiunt , et quis in parochia fame pereat , aut periclitetur in moribus non attendunt , qui non pastores sed mercenarii potius dici promerentur . hoc siquidem dum hiis diebus ad disponendum de regni nostri praesidiis in partes marchiae nos transferremus in ecclesia vestra hereford . dolenter referimus , nos invenisse , quam adeo invenimus pastoris solatio destitutam , ut nedum episcopum , sed nec officialem haberet , vicarium , aut decanum , qui quicquam spritualitatis exercere posset in eadem , sed ecclesia ipsa quae olim deliciis affluere consuevit , etiam canonicis qui ibidem nocturnis et diurnis officiis vacare , et opera caritatis exercere deberent , eam deserentihus , et longe degentibus in remotis , stola jocunditatis exuta , cecidit in terram , viduitatis suae detrimenta deplorans , nec est qui consoletur eam ex omnibus charis ejus . sane dum haec vidimus et consideravimus diligenter , pietatis aculeus viscera nostra commovit , et compassionis gladius intima cordis nostri acrius vulneravit , ut tantam ecclesiae matris nostrae injuriam ulterius dissimulare non possimus , nec pertransire incorrectam . quapropter vobis mandamus firmiter injungentes , quatenus ad ecclesiam vestram praedictam occasionibus quibuscunque postpositis , cum ea qua poteritis celeritate vos transferre curetis , commissum vobis in eadem curae pastoralis officium personaliter executuri ; nos enim de salvo et securo conductu tam inveniendo quam morando , si opus fuerit vobis , dum tamen super hiis quae contra vos rationabiliter objici poterunt , juri parere volueritis , provideri faciemus . quod si aliqua justa causa quam ignoramus subfuerit , quo minus hoc personaliter facere possitis , ipsam nobis rescribentes , alicui discreto de regno nostro vices vestras in omnibus quae ad jurisdictionem episcopalem pertinent committatis , ut vestra saltem ad tempus absentia tolerabilior habeatur . alioquin scire vos volumus pro constanti , quod si neutrum istorum facere curaveritis , bona temporalia et omnia quae ad baroniam ipsius ecclesiae pertinent , quae pro spiritualibus in eadem exercendis pia progenitorum nostrorum devotione constat eidem fuisse collata , et quae hactenus colligi , et salvo custodiri praecipimus , in commodum et utilitatem ipsius ecclesiae convertenda , cessante jam causa in manu nostra totaliter capiemus ; nec ulterius sustinebimus quod temporalia metat , qui spiritualia , ad quae ex officii sui debito tenetur , irreverenter subtrahere non formidat , aut quod emolumenta percipiat , qui incumbentia eisdem onera subire recusat . teste regi apud hereford , primo die junii . rex archiepiscopo cantuar. salutem . pastores , &c. vt in alia usque ibi dissimulare non possimus nec pertransire incorrectam . quia igitur ad vos suffrageneorum et aliorum subditorum vestrorum negligentias corrigere spectat , et excessus , paternitatem vestram rogamus et requirimus , ne in defectum opprobriumque rigoris ecclesiastici manum laicam , quod inviti faceremus , apponere nos oporteat , praefatum herefordensem episcopum suffraganeum vestrum , monere et efficaciter inducere , et si opus fuerit ea qua convenit censura compellere velletis , ad ecclesiam suam praedictam , usque ibi provideri faciemus . quod si aliqua justa causa , quam ignoramus , subfuerit quo minus hoc personaliter facere possit , ipsum , si de ea vobis constet rescribentes , ipsum ut alicui discreto de regno nostro vices suas in omnibus quae ad jurisdictionem episcopalem spectant committat , simili censura compellere non omittatis . alioquin , &c. rex magistro hugoni de mortuomari offic. archiepiscopi cantuar. sub eadem forma . quia igitur ad vos ratione officii vobis commissi suffraganeorum ecclesiae cantuariensis negligentias corrigere , &c. ut infra , ubi dicitur praefatum episcopum herefordensem ecclesiae cantuariensis suffraganeum monere et efficaciter inducere , et si opus fuerit ea qua convenit , &c. usque in finem . teste ut supra . the jews in lincoln and other places , having been plundered and spoiled of their goods during the barons wars , and since threatned to be spoiled again , the king upon their petition , issued this patent to certain personsin lincoln , not to offer any violence , and to protect them and their goods from all violence , plunder , having taken them into his royal protection , as they would answer the contrary at their peril . rex dilectis sibi , thomae de fou. waltero de braund . willielmo braund . gilberto del punt. rogero filio benedicti , johanni de luda . osberto filio egidii , johanni de paris , jacobo del punt. jordano filio egidii , henrico filio egidii , thomae filio roberti , petro fratri henrici gupil , waltero de croyland , nicholao mundae , nicholao stoyle , willielmo de holgate , willielmo de hepham , johanni coiti , thomae le parmniter , johanni de lanc. johanni del soler . martino le corwunder civibus suis ▪ lincoln salutem . cum post turbationem nuper habitam in regno nostro de consilio baronum nostrorum judeos nostros lincoln . sicut & caeteros judeos nostros angliae ad eorum corporum & rerum suarum tuitionem & conservationem in nostram protectionem specialem susceperimus , ac quidam de civitate praedicta , sicut ex eorū querimonia didicimus , sibi de corporibus & rebus suis minas inferunt manifestas , per quod nimium sibi dampnum & grave periculum evenire formidant . nos indempnitati eorum prospicere volentes , vobis mandamus firmiter injungentes , quatenus praefatos judeos lincoln . viriliter protegentes , & contra quoscunque manutenentes , eis in personis vel bonis suis non inferatis vel ab aliquibus inferri permittatis injuriam , &c. et si quid , &c. et hoc sicut vos & vestra diligitis , nullatenus omittatis . in cujus , &c. duraturam per annum teste rege apud glouc. . die may. some marchers of wales , having entred into a solemn agreement , with simon de monteford , earl of leicester , gilbert de clare , earl of gloucester , and other nobels , to go over into ireland for some time , for the peace of the realm , and ra●ified it with their oathes , which they perfidiously violated , by staying in england , raising new forces , wars , drawing the earl of gloucester , and he the prince , into the confederacy and rebellion against the king , openly slandering and defaming him ; the king thereupon , by the earl of leicesters perswasion , as the subscription and other circumstances evidence , commanded the bishops of the province of canterbury , jointly in their several diocesses to excommunicate all of them , small and great , without sparing any , and all their adherents in general ▪ and to vindicate the king from their slanders , by publishing the truth of things , to unblind the people whom they seduced . rex venerabilibus in christo patribus de london episcopo , & caeteris episcopis provinciae cantuar. salutem . cum inter delectum & fidelem nostrum simonem de monteforti , comitem leicester & senescallum angliae ; ac gilbertum de clare , comitem gloucester & hertford , materia cujusdam dissentionis nuper exortae quàm per compromissum quoddam inter eosdem in certas personas factum & hinc inde juramento vallatum ; credebamus , sicut & meritò si in hominibus al qua esset fidei certitudo credere poteramus , pacificatum penitus & sedatum , ad pacanda corda subditorum nostrorum ex dissentionibus hujusmodi commota forsitan & turbata , qui ex hoc novas in regno nostro verisimiliter praesumebant posse guerras provenire per singulos com. regni nostri decepti ; literas nostras transmisimus inter caetera continentes , quod dicti comites amici fuerant & concordes ; & ecce , quod dolenter referrimus , idem com. glouc. quem ratione homagii , eodem tempore nobis facti , in fide ac devotione nostra ferventius solito perseveraturum credebamus , marchionibus , & aliis rebellibus nostris , qui ex pacto suo hoc anno cum apud wigorn. essemus , de ipsius comitis & aliorum magnatum regni nostri assensu habito , pro regni ipsius pace quam iidem temerè violarunt , in hiberniam termino dudum transacto se transferre debuissent , infra certum tempus minimè reversuri , & contra pactum ipsum & proprium sacramentum , super hoc praestitum hoc hactenus facere distulerunt . nec non willielmus de valentia , & comes warren , ac complicibus suis qui nuper in regno nostro applicuerunt contra pacem nostram , sibi associatis , terram nostram in partibus marchiae hostiliter circumeundo discurrit , castra & villas occupando , & guerras ibidem cōmovendo contra pacem nostram , sicque praefatos rebelles nostros in familiaritatem admittere & defendere , ac ad pejora committenda inducere non formidat , quibus nisi propriae salutis immemor & sacramenti ab ipso praestiti praevaricator existeret , cum aliis fidelibus nostris hostem & adversarium exhibere se deberet manifestum . praeter hoc vero quod cor nostrum acuto dolore descindit , idem comes & alii rebelles nostri praedicti dolosis eorundem persuasionibus , edwardum filium nostrum quem ( proh dolor ! ) ad credendū levem , & ad circumveniendum facilem invenerunt , ad partem suam proditorie attraxerunt , et ut proprio contempto sacramento , contra formam de vestro et ejusdem filii nostri prelatorum , magnatum et communitatis regni nostri unanimi assensu & voluntate nuper london provisam , & poenarum multimodarum adject●one vallatam , a nobis & fidelibus nostris inconsultè recederet fraudulenter induxerunt , qui cum eisdem se nobis contumacem & rebellionis filium exhibet in praesenti . tot siquidem probris & opprobriis & variis dispendiis nos irreverenter afficientes , & ipso facto hostes & adversarios se nobis exhibentes , se ad commodum et honorem nostrum haec omnia facere publice praedicant , ad excaecanda corda populorum ; quae omnia nos & fideles nostri nobis adhaerentes hactenus patienter sustinuerimus ; volentes ut eorum transgressiones & excessus manifestè pateant universis , & causae justitia pro nobis , eorum injuria contra ipsos patenter allegent in facie singulorum antequàm manum opponere vellemus ad rigorem . cum igitur vos reverendi patres in omnes illos qui nostram et regni nostri pacem et tranquillitatem violare seu turbare praesumpserint sententia excommunicationis dudum lata fuerit , et per vos nuper london , publice et solempniter innovata , licet pex dei adjutorium ad praedictorum rebellium nostrorum insolentiam reprimendam vires nostrae sufficiant , ut aliena non sit necesse fuffragia mendicare , tamen quia in scandalum divini nominis redundaret manifeste si claves ecclesiae contemnerentur impune ; vos rogamus et requirimus , quatenus contra eosdem rebelles nostros , quorum adeo sunt notorii excessus et publice divulgati , quod nulla possit tergiversatione celari , nulli omnino majori vel minori parcentes , sed aeque magnum judicantes ut parvum , dictam excommunicationis sententiam , in quam ipsos palam incidisse manifestum est , prout ad officium vestrum pertinet , contra singulos nominatim , omnes in communi , et nichilominus singuli persuas dioceses prout convenit solempniter publicari . et ne veritas mendacio subjaceat , vos qui filii lucis & zelatores veritatis esse debetis , processus nostri praedicti veritatem ubi expedire videritis , manifestari faciatis . teste rege apud hereford , . die junii . et est litera duplicata per comitem leicest . justic . p. de monteforti e. de argent , & r. de sancto johanne . the king having sent to pope urban for a legate to come into england , to promote his affairs , and assist him against the bishops and barons who opposed him , issued forth this patent of protection and safe conduct , both for him , his family and goods by sea and land , and to exempt them from customes . rex omnibus ballivis &c. salutem . cum e. sancti adriani cardinalis apostolicae sedis legatus , ad nostram instantiam pro utilitate nostra et regni nostri in angliam sit venturus : nos eundem legatum , familiam , hernes , et omnes res suas in salvum et securum conductum nostrum suscipimus , inveniendo in angliam et inde recedendo ; incujus , &c. duratur . usque ad natale domini prox . futur . et mandatum est baronibus & ballivis quinque portuum quod eidem legato , familiae , hernes . aut rebus suis quibuscunque inveniendo in anglia , & apud dovorr . vel alibi ubicunque in regno nostro applicando , seu per partes illas transeundo non inferant , &c. impedimentum , &c. sed ipsi tam per mare quàm per terram salvum & securum conductum praebeant eis . insuper firmiter injungens , quod praefatum legatum , & familiam suam praedictam de consuetudinibus aut aliis exactionibus quibuscunque quietos esse permittant . teste rege apud westm . decimo sexto die octobris . in november following he sent him this further letter . rex legato salutem . cum discretum virum magistrum edwardum de la cuoll decanum wellen latorem praesentium ad dominum regem & reginam franc. vos , & alios amicos nostros in partibus illis pro nostris & regni nostri negotiis sibi & vobis plenius exponendis , mittamus , certisque discimus experimentis ; quod negotia pro quibus ad partes angliae missi estis , per viam lenitatis et mansuetudinis incedendo , facilius et melius procurare poteritis et explere , quam nimis graves coherciones ecclaesiasticas his diebus , ut creditur , exercendo ; paternitatem vestram , de qua plenam in domino gerimus fiduciam , affectuosè rogamus , quatenus in praemissis tam favorabiliter & benignè vos habere velitis , ut ad honorem dei , & nostri , paci & tranquillitati regni nostri per vestrae sollicitudinis industriam salubriter consulatur . super hiis autem & aliis quae praedictus decanus ex parte nostra vobis exponet fidem adhibentes eidem , nobis per eundem significetis vestrae beneplacitum voluntatis . teste reges apud windles . . die novembris . mat. westmin . relates of pope urban , instinctu stimulatus adverso , in partem alteram declinando favorem & animum convertit adversum barones , irae & indignationes immensae , occasione spoliationum personis ecclesiasticis illatarum , trahens incentivum : fertur autem dixisse , eum non plus velle vivere quam quod anglos subjugasset , unde et legatum direxit versus angliam , virum summum , dominum sabin . episcopum cardinalem ad interdicendum terram , et excommunicandum barones provisionum inpresos . sed cum terram ingredi , resistentia eorum , pro libitu non posse persensisset , citatis primo ambiani , et postmodum bononiae quibusdam episcopis regni , et aliis quibusdam , sententiam excommunicationis et interdictionis super civitatem london . et . portus , necnon et quasdam personas illustres et nobiles regni fulminatam , commisit exequendam . at illi sententiam ipsam contra justiciam illatam attendentes , apellarunt ad papam , ad meliora tempora , vel ad generale concilium , necnon et supremum judicem certis de causis et rationibus commendabilibus . quae postea appellatio , in anglia , congregato apud radingum concilio recitata est , et ab episcopis et clero approbata et executa . so little did they value , so much did they then oppose the popes and his legates authority and fulminations . interdictum autem licet inviti suscipientes a legato praedicti episcopi , secum detulerunt . sed cum applicuissent dovoriae , scrutinio ex more in portu facto , interceptum est a civibus , et in minutias dilaniatum , jactatur in mari . so much did they contemn , affront both it , the pope and legate . at vir apostolicas urbanus , antequam votum complevisset , quod anglicis dudum promiserat , diem clausit extremum , tempore eis valdè oportuno . this pope urban had formerly absolved the king and all others from their oathes , to observe the ordinances and confederacies made at oxford , which he commanded to be publikely revoked , denouncing a publike sentence of excommunication against all such who should observe them , which he sent to the bishop of norwich , and all others to publish in their churches , as william thorn thus relates . anno eodem abbas rogerus recepit ab episcopo nordwycensi potestatem revocandi confederationes et colligationes , quae fuerunt editae a baronibus in derogationem regiae majestatis , & per ipsum regem , quamquam invitum praedictis statutis consentientem , sub hac forma quae sequitur . s. permissione divina nordwicensis episcopus , &c. venerabili in christo patri domino rogero abbati , &c. mandatum domini papae recipimus in haec derba : urbanus episcopus servus servorum dei , venerabili , &c. & infra . cum igitur honestati congruat , utilitati conveniat , et subjectorum saluti expediat , summi pontificis obedire mandatis , praesertim in hiis per quae revocari possint errantes a deviis , et domini regis paci et tranquillitati salubriter provideri , ac status regni reformari in melius , discretionem vestram monemus et exhortamur in domino , authoritate domini papae qua fungimur , et in virtute obedientiae quasedi apostolicae tenemini , districtius injungentes , quatinus statuta , ordinationes et colligationes quae barones angliae inachinati sunt , et in derogationem regiae potestatis ipso licet consentiente , et ad hujusmodi observationem juramento se astringente , in ecclesia vestra conventuali , et in singulis ecclesiis vobis subjectis publice et solemniter denuucietis esse revocata , & tam dominum henricum regem angliae , quam dominam elianaram reginam , uxorem ejus , nobilesque viros dominos edwardum & edmundum natos eorundem , ac omnes magnates angliae , ab omni vinculo iuramenti supradicti denuncietis absolutos . quam sententiam excommunicationis ( against the oppugners of this absolution ) injungimus vobis publicandam , per vos in conventuali ecclesia vestra , et in singulis ecclesiis vobis subjectis singulis diebus dominicis et festivis , pulsatis campanis et candelis accensis . the ococcasion of which absolution mat. westminster thus relates . et licet , nihil sit adeò naturale quàm unumquodque dissolvi eo genere quo ligatur , ideo statuta communi consensu quantumcunque licita & utilia , hominum succrescente malicia , tendentia jam ad noxam , possent omnium statuentium , vel majoris partis eorum , contraria voluntate mutari , vel penitus aboleri ( quemadmodum serpentem aeneum in deserto , ad salutem populi , domino jubente , levatum , ezechias , errante populo , ritè legitur destruxis●e : ) placuit tamen praedictis regi & proceribus , timentibus culpam , ubi culpa minimè reperitur , remissionem interpositi juramenti ex certa scientia summi pontificis impetrare . sed episcopus w●gornienses ( with . earls and barons by his perswasion ) in protervitate concepta , ( quod scripsimus , scripsimus conclamando ) jugiter persistentes , conabantur astruere hujusmodi pragmaticas sanctiones , communi consensu et juramento confirmatas , nullo posse consensu contrario dissolvi , ad relaxationem hujusmodi juramenti * potestatem apostolicam nullam esse putantes , juramentumque vinculum iniquitatis existere , cum herode , facientes sibi de propria prudentia contra leges et canones , conscientias schismatis et erroris , trahentes secum ad sui erroris fomentum multos pseudoprophetas , lupos rapaces in ovium vestimentis , contra christi vicarios , et christum domini , regem proprium , murmurantes , non ut spiritus sanctus eloqui , sed ut superioris potestatis objectus obloqui dabat illis . what this legate did against the english bishops and barons who opposed and took arms against the king , the continuer of matthew paris thus relates ; eo tempore vrbanus papa turbationi regni angliae compatiens , legatum misit dominum sabinensem episcopum , cardinalem ; qui angliam intrare non valens , navigio quinque portuum mare occupante , quosdam episcopos ex anglia ad se primo ambianos , deinde boloniam evocavit . quibus sententiam excommunicationis , et interdicti , auctoritate papali in civitatem londinensem , et quinque portus , omnesque pacem regis angliae turbantes fulminatam , publicandam , exequendamque commisit . dissimulaverunt nihilominus episcopi negotium , de cujus causa non satis certa , diversi varie opinantur . the king in the th year of his ra●gn , out of his royal care to preserve the churches liberties , whereof he was supream patron , issued this commission of inquiry to preserve the rights of the church of norwich against the invaders thereof , upon the complaint of the bishop , of contempts and trespasses done to him and it . rex dilectis & fidelibus suis roberto fulcon , & henrico de stanleo salutem . cum ecclesiam et ecclesiasticas libertates manutenere et defendere tenemur et velimus , & maxime ecclesiam sancti trinitatis norwici , cum omnibus suis libertatibus , ut eam quae de bonis antecessorum nostrorum regum angliae sundata est , ac allex. kellock . burg. de lenn , & quidam sui fautores , nuper in contemptum venerabilis patris rogeri episcopi loci praedicti & elusionem libertatis ejusdem ecclesiae à tempore cujus non extat memoria obtentae & hactenus visitatae , nec non & laesionem manifestam nostrae dignitatis & pacis , quamplures injurias , & transgressiones enormes eidem episcopo intulerunt , ut intelleximus , propter quod nos libertates à progenitoribus nostris ecclesiae praedictae concessas & hactenus usitatas tanquam patroni ejusdem , illibatas conferre volentes , ad instantiam episcopi supradicti , assiguavimus vos ad inquirendum per sacramentum proborum & legalium hominum plenius veritatem de praedictis injuriis & transgressionibus , & ad plenam & celerem inde justitiam exhibendam eidem , vobis mandamus , quod ad diem quem ad hoc provideritis usque lenne accedatis , & de praedictis injuriis & transgressionibus diligenter inquiratis , & praefato episcopo celerem inde justitiam exhibeatis ut praedictum est , salvis nobis amerciamentis inde provenientibus . mandavimus etiam vic. nostro norff. quod ad certum diem quem ei scire facietis coram vobis ibidem venire faciat , tot & tales probos & legales homines per quos rei veritas in praemissis melius sciri poterit , & inquiri . nolumus autem quod hac de causa aliquid ipsi episcopo vel suis successoribus temporibus futuris cedat in praejudicium vel laesionem libertatum ecclesiae suae praedictae . in cujus , &c. teste rege apud kenn . . die augusti . pat. . h. . m. . dorso . i find the like commission issued johanni de recton , agreeing almost verbatim with this ; except in this recital . acquidem malefactores de lenne & gyppewiz , nuper in contemptum , &c. & celerem inde justitiam exhibeatis , &c. teste rege apud salop , . die septembris . the king out of his especiall grace granted this priviledge to the archbishop of dublin and his tenants . rex omnibus salutem . volentes nobis venerabili patri magistro roberto de la provend . dublen . episcopo gratiam fecere specialem , concessimus eidem , quod ipse & haeredes sui , ac homines eorum impartuum talem habeant libertatem , videlicet , quod ipsi vel eorum bona alicubi locorum per terram & potestatem nostram inventa , non distringantur pro aliquibus debitis de quibus principales debitores vel plegii non extiterunt , nisi forte debitores illi sint de potestate praedicti rober●i vel haeredum suorum habentes undè de debitis illis in toto vel in parte satisfacere possint ; & eidem robertus vel haeredes sui creditoribus eorundem debitorum in justitia defuerint , & de hoc rationabiliter constare possit . et prohibemus super forisfacturam nostram ne quis praedictum robertum vel haeredes suos seu eorum homines vexet contra libertatem praedictam . in cujus , &c. teste rege apud west . die febr. a bishoprick in ireland falling voyd the canons obtained the kings license to elect a new bishop , and after his election through negligence , presented him to the archbishop to be confirmed and consecrated before they certified their election to the king , and had his approbation and warrant for his consecration ; whereupon the archbishop consecrating him , the king out of his grace issued this writ for the restitution of the temporalties upon taking his oath of fealty , and the letters patents of the canons acknowledging this their neglect first made , to prevent the like president for the future , with a command to punish the archbishop for consecrating him without the kings approbation and order . rex willielmo de bakepuz , escaetori hiberniae salutem . cum nuper vacante ecclesia finabern , in hibernia , petita per nuncios ejusdem capituli ad nos destinatos , à nobis eligendi licentiâ & nobis obtenta , canonici ejusdem ecclesiae fratrem mauritium nunc episcopum ejusdem loci sibi in pastorem elegissent , & ad metropolitam partium illarum pro confirmationis beneficio super electione illa obtinendo sine assensu nostro eidem electioni de memorato episcopo adhibito nuper per incuriam vel negligentiam transmisissent , qui quidem archiepiscopus incautum ipsum episcopum tunc electum praeter assensum nostrum confirmavit & consecravit . nos negligentiam praedictam seu transgressionem nobis factam pro eo quod idem episcopus post electionem suam pro assensu nostro super eadem requirendo ad nos non venit , nec destinavit , hac vice remisimus eidem . et ideo vobis mandamus , quod recepta nomine nostro fidelitate , prout moris est , a praefato episcopo , receptis etiam literis patentibus capituli praedicti , quod praedictam negligentiam vel omissionem non trahent in consequentiam , omnia temporalia ad praedictum episcopatum spectantia occasione vacationis ecclesiae praedictae in manum nostram capta sine dilatione eidem episcopo restitui faciatis , transgressionem memorati metropolitani nobis factam admittendo ipsum electum sine assensu nostro , secundum qualitatem ejusdem puniendo . teste meipso apud westm . . die febr. the pope at the kings request sending two legates one after another into england , to reforme and settle peace in the realm between him and his barons , i shall relate their proceedings pertinent to my history , out of our historians and records . guido cardinalis sabinensis vocatus , à papa vrbano in angliam destinatus , ut ibidem legationis officio fungeretur , juxta mare in villa , quae nuncupatur bononia , traxit moram , eo quod terram ingredi non poterat anglicanam propter manifestam contradictionem baronum , et episcoporum responsionem sophisticam : sententiamque excommunicationis protulit in rebelles , et ad curiam romanam , unde venerat , est reversus . factus est pater patrum , petente rege henrico , & destinavit in angliam , per consilium cardinalium ottobonum , sancti adriani diaconum cardinalem , qui cum rubeis in angliam veniens indumentis , in ecclesia w●stmonasteriensi , congregato concilio , fecit mandata apostolica publicari , qui suae legationis fungens officio , sententiam in regis adversarios fulminavit . * rishanger the continuer of matthew paris writes , ottobonus legatus vocato concilio apud northamtonam , sententiam excommunicationis tulit in omnes episcopos et clericos qui comiti simoni contra regem praestiterant auxilium , vel favorem . et nominatim , johannem wintoniensem , walteram wygorniensem , henricum londinensem , stephanum cisterciensem episcopos : wigorn. citò post obiit viliter . reliqui vero tres praefato episcopi romam profecti domini papae gratiam expectabant . eadē igitur sententia , caeteros quosque regi adversantes publicè innodavit . ibi etiam concessionem de decima ecclesiae anglicanae , solvenda regi per septem annos proxime sequentes , publicavit . processu vero temporis , henr. londinemsem , johannem wintoniensem . & stephanum cicestrensem , qui partem adversariorum regis fovebant , ab officio et beneficio suspendebat , et quia apellationis fungebantur remedio , jussit quod infra trimestre tempus se papae conspectui praesentarent , qui ad curiam venientes , fortunae casus volubiles expectabant . dominus lincolniensis episcopus , fortè sibi pacem redimens propter tempus , misericordiā non judicium impetravit . dominus walterus wygorniae antistes , in articulo mortis positus , se dicebat errasse fovendo partem simonis de monteforti , et super hoc literas ad legatum direxit , petens beneficium absolutionis , quod obtinuit , et decessit . * matthew westminster , writing , de provisionibus , imo de proditionibus , oxon. lewens . & londinen . quae variis aequitatis & justiciae fictionibus dealbatae , intus autem plenae versutiae provisores suos pessime praediderunt . subjoynes this passage relating to some monks , bishops , who were the principle contrivers of these provisions , and encouragers of the barons in their wars against the king , wherof he would have the king take speciall notice , as worthy his admiration . * sed illud praecaeteris oportet inserere super quo regia celsitudo mitatur , quod quidam , quorum conversatio in caelis esse describitur , omnia relinquentes pro christo , cum petro christum , in christi vicario petrum , in petri successore clemente , christum deum suum principem sunt hactenus persecuti , aedificatum a dicti regis rebellibus parietem , quem apostolica praecepit authoritas in sui novi operis initio demoliri , suis praedicationum et approbationum blanditiis linientes , non attendentes , ut decet , quantis privilegiis et honoribus ipsos romana decoravit ecclesia , quam parvulam sui ordinis plantulam de valle spoletana translatam , idem rex ad perfectam et spatiosam vineam in tot castris et urbibus dilatatam fovit , coluit , et rigavit ; utinam praecisis vitulaminibus spuriis recipiant palmites incrementum , et cultori suo reddant uvas de caetero , non labruscas . the king after the battle of evesham , and dissipation of all the barons forces , was pleased by this * accord made in the parliament held at kenillworth to refer the cases and compositions between him and the barons , bishops , others who were and had been , against him , to certain commissioners , whereof the popes legat was chief . come nostre seignor hen. par la grace deu rois de engleterre , lan de son coronement cinquantissime , as octaves de lassumpton nostre dame , â la request , le honorable pere sire ottobon legat. de engleterre , son parlement eust semens a kenelleworth , accorde & graunt fit per cōmun assent , & par commun conseil des evesques , abbes , priors , contes , barons , & tuz autres ke sis persones suz escites , ceoest à savoir , le evesque de excestre , levesque de b. le eslit de wirecestr . sires alyne la zusche , sire rog. de summery , & sire robert walerand , par lur serement qe illokes firent , eslisent autres sis qui meeins seient en sospescon , & meuz sachent & voillent solonc lor entendement , des queus li vii sera prelaz . & les cync seront chevalers , & ices doze iurront sor seinz ewangilles , ke dreiturelment leaument & entertinement , purveront ceo qe il entenderont qe mesters està la pes de la terre reformer , & affermer , nomeement de ceo kapent alfet & al estatdes desheritez pur acheson de la gwerre qe à este nagaires en engleterre sauve lestat le roy & sa dignite . et si par aventure les dosze ne se puissent accorder en aukune chose , ka ceste bosoigne appende & li avauntdit legat & sire henr. dalimaigne seient apelez as avant diz doze . et ceo qe la partie aura porveu a ki le avauntdit legat & sire henr. dalemaigne ensemblement assentiront seit ferm & estable . et si par aventure avenist ke tuz les dosze sejent en accord rien tiendirot , ne rien ne●eront ejnz ceo kil ejent mostre al roy & al legat , & mesire henr. dalemaigne , a la quel chose le reis appelera ceaus quil voudra , & ceo à quei li reis , & li legat , & li legat & sire henr. sacorderont ou adresceront seit ferm & estable . et si les sis sont en descorde des●ire les autres sis , cele partie teigne a ki le legat & sire henr. se tendront . et si par aventure nul des dosze morust avaunt ke ceste chose feut terminee , ceaus qui demmorront en vie eient poeir des●ire autres en lieu des morz ; issi ne porquant kil i eit quatre praelaz & oyt chevelars , efet a saveir ke ices dosze unt poeir de porveer & dorden jesqua la feste de tuz seinz prochein avenir . et si ceaus qui serrount appellez a la pes le roy per cest ordeinment ne viegnent a les pes dedenz quaraunte jors puis kil sera poplee , partuz les contez per le roy ou per le legat , de cele hore en avanut ne soit receu a le pes per cest ordeinment . en testmoignage & en establete de ceste chose les avauntdiz , seignors li reis & le legat & sire edward fiz le rey , & le conte de gloucestr . à ceste lettr. unt mis ler seaues donee a kenilleworth , le . jor. de aust . lau del incarnacion nostre seignour mil deus cenz & seissaunte sisme . to this award * rex primo , postmodum clerus & populus juraverunt , quod dictum ipsorum inviolabiliter observarent , dictum kenelworthe . the king likewise appointed special proctors in the court of rome concerning this affaire ; giving protections and safe conduct to all bishops , clerks , and others who should repair to the legate to make their peace or submit to his justice and determination ; thus recorded in the patent rolls . sanctissimo in christo patri ac domino clementi divina providentia summo pontifici . h. eadem gratia rex angliae , dominus hyberniae , & dux aquitaniae , pedum oscula beatorum . paternitatis vestrae dominationi , tenore praesentium notum fiat , quod nobis facimus , ordinamus & constituimus dilectos familiares nostros willum de chanent decanum ecclesiae beati martini london . & willum bonquer procuratores nostros & nuncios nostros speciales , utrumque eorum in solidum , ita quod non sit melior conditio occupantis , ad exponendum & referendum sanctitati ve●trae , dampna , injurias oppressiones & gravamina occasione turbationis in regno nostro nuper habitae , nobis illata , ad petendum , impetrandum & recipiendum generalia & specialia pro nobis & iure nostro , ac utilitate et honore nostrae regiae dignitatis ; et ad postulandum , & impetrandum specialiter gratias & indulgentias , & subsidium oportunum ad relevationem & meliorationem status nostri & regni nostri praedicti , à vestrae clementia sanctitatis . ratum habituri & firmum quicquid ipsi ambo , vel eorum alter qui praesens fuerit , nomine nostro fecerint vel fecerit in praemissis , vel aliquo praemissorum . in cujus , &c. rex omnibus ballivis , &c. salutem . intelleximus quod venerabiles patres episcopi london . & cicestr . coram venerabili o. sancti adriani diacono card. apostolicae sedis legato , volente procedere super quibusdam articulis contra eos , publicè protestati fuerunt , quod ea quae erant ad sui defensionem & excusationem , timore nostro & nostrorum proponere non audebant . et licet potuissent ipsi prius & quilibet alius coram praefato legato suam prosequi justitiam , & ut liber suis defensionibus & excusationibus , absque nostra & nostrorum indignatione vel offensa , ex abundanti tamen praedictos episcopos & alios quoscunque etiam clericos & ecclesiasticas personas , tam religiosas quam alias suscepimus & suscipimus in salvum & securum conductum nostrum , in veniendo ad praedictum legatum in anglia pro sua justiria prosequendo , & aliis suis negotiis expediendis morando , & ad partes suas redeundo . et ideo vobis mandamus quod praedictis episcopis , advocationibus eorum , procutatoribus & clericis , nec non & aliis ecclesiasticis personis inveniendo ad praedictum legatum , morando & redeundo , sicut predictum est non inferatis dampnum , &c. in cujus , &c. dur . sine termino . rex omnibus ballivis &c , salutem . sciatis quod suscepimus in salvum & securum conductum nostrum exhaeredatos de partibus borealibus , vel nuncios eorundem , quos venerabilis pater o. sancti adriani diaconus card. apostolicae sedis legatus in literis patentibus duxerit associandos , inveniendo ad ipsum legatum ad tractandum de pace & reconciliatione sua , morando , & redeundo . et ideo vobis mandamus quod eisdem exhaeredatis vel eorum nunciis , quos praedictus legatus in literis suis patentibus duxerit nominandos , in veniendo , morando & redeundo sicut praedictum est nullum inferatis vel inferri permittatis injuriam , molestiam , dampnum , aut gravamen ; dum tamen nobis aut aliquibus de fidelibus nostris interim dampnum non inferant , nec inferri procurent . in cujus rei testimonium has literas nostras fieri fecimus patentes , duraturas usque ad diem mercurii in crastino beatae margaretae virginis prox . futur . & per totam eandem diem . teste rege apud kenillworth . die julii . * matthew westminster relating the chief causes of the civil wars between king henry and his barons , that the bishops were the principal advisers , fomentors thereof , and of the ordinance of oxford , gives us a more particular account of this cardinals proceedings in the close thereof . in diebus illis provisionum apostolicarum in ecclesiasticis beneficiis angliae multitudo succrevit , & pro commercio regni apuliae , exactionis debiti , tam mercatorum quam romanae ecclesiae jugum grave . haec sunt illa discordiae incentiva inter alienigenas et indigenas , tam nobiles quam praelatos , quorum pauci reipublicae , plures invidiae , plures ambitionis movebantur affectu . colligerunt etiam pontifices , ne dicam pharisaei , consilium adversus christum domini , regem suum , dicentes . videtis quia nihil proficimus , si sic regem dimittimus , uenient romani , et tollent nostros loculos cum argento . constituamus ergò . seniores in circuitu chroni ejus , qui exclusis parthis , medis & elamitis , adven●sque romanis , liberantes hierusalem ab aegyptiaca servitute , negotia regni singula & universa disponanc , primos in coenis accubitus & salutationes in foro tamen regiae magnificentiae reservantes . whereupon they made their ordinances of oxford , to which they compelled the king , prince edward , and all others to swear under pain of perpetual imprisonment . aethelmaro winton . electo , & gulielmo de valentia , dicti regis fratribus uterinis , & pluribus aliis , inchoa●ae factionis exordio resistentibus , expulsis de regno pariter & bannitis . vniversi et singuli alii praelati , comites et barones , de infidelitate hujusmodi fideliter observanda , corporale praestiterunt juramentum , et lata est ab omnibus archiepiscopis et episcopis regni , excommunicationis sententia in rebelles . porro qua fronte patres conscripti , senex ille wigorn. antistes , et quidam alii praelati , conscientiarum patres et judices , subversioni regiae potestatis gratis praestitere consensum , admiratione non caret , cum de terreno honore , dicto regi et haeredibus ejus servando , corporale praestiterint juramentum : quod ordinando ne unquam regerent , sed semper ab aliis regerentur , pessime servaverunt . si enim prodigalitas intolerabilis , vel defectus regis ipsius , evidenter exigeret operam cura●oris : nusquam cavetur divinis legibus aut huma●●s , ut ●itio vel defectu cessante , poenatranseat in haeredes , &c. et cum inter regem angliae & adhaerentes ei ex parte una , & comitem le●ce●●r●ae , & complices suos ex altera , per quosdam mediatores solennes , de pace diutius tractaretur , tandem super omnibus controversiis ortis , occasione provisionum oxon. fuit à partibus in illustrem regem francorum compromissum ●e dicto ejus , ad altum & bassum firmando , corporali praestito juramento , prout in instrumento super hoc confecto , omnium praedictorum sigillis signato , plenius continetur . cumque dominus rex francorum , summi pontificis inhaerens vestigiis , provisiones et ordinationes hujusmodi , & quicquid statutum fuit ex eis , arbit●ia potestate ●assasset : comes leicestrae & ejus complices & fautores , praesumpserunt eas , nihilominus sustinere , dicto regi franciae & praeceptis ejus in omnibus & per omnia resistentes ; demolientesque cum wallensibus castra domini regis fidelium , associatisque sibi lond nensibus , violationes ecclesiarum & depredationes , & macerationes personarum ecclesiasticarum , christianorum & judaeorum caedes & incendia , sine delectu conditionis aut sexus , aetatis aut ordinis , perpetrantes . et cum abominationis hujus clamor , quotidianis afflictorum gemitibus et querelis , ascenderet ad praedictos principes sacerdotum , omnes quaerentes quae sua sunt , non quae christi , inventi sunt proculdubio canes muti , valentes sed nolentes latrare . yea he adds ; episcopus cicestrensis , die praecedente praelium lewense , comites leicestriae & gloverniae contra dominum regem suum praeliaturos , ab omnibus peccat is dicitur absoluisse . cumque per londin . winton . & wigorn. & quosdam alios epipiscopos cantuariae provinciae episcopo sabinensi cardinali tunc apostolicae sedis legato fuisset instantius supplicatum , quod pacem novam ●●●cabili consensu partinm ordinatam promovere curaret , omnibus episcopis , comitibus & baronibus consentientibus , & instrumento super hoc confecto apponentibus ●igna sua , ipse dictos episcopos , pro eo quod tantae d●pressioni regiae potestatis consentire praesumpserant , graviter reprehendens . et quia ei non patebat ingressus in regnum , publicis edictis bononiae propositis , eos citare curavit , ut super regni negotiis tractaturi cum eo , tertio die bononiae comparerent . quibus dictis die & loco , & ultra diem , diutius expectatis , nec per se , nec perprocuratorem curantibus comparere , legatus eos à divinorum celebratione suspendit : in praedictos vero leicestriae & gloverniae comites , & eorum complices , civitatem londini , ●t quinque pontus , qui transitum ejus in angliam manifestè praesumpserant impedire , excommunicationis et interdicti sententias promulgavit . sed dicti episcopi , comites & barones & cae●eri , gravaminibus quibusdam * confectis ad sedem apostolicam , & si necesse fuerit , ad consilium generale , et ad ecclesiam , tam triumphantem , quam militantem , per wigorn cicestren . & elien . officiales , legis peritos , & scibas ultra l●gale● et canomcas observantias appellantes , excommunicationes hujusmodi non curarunt , sed de gladii martialis tuitione confisi , spirituali gladio par vipenso , usque ad adventum domini * othonis cardinalis in angliam , immiscere se divinis obsequiis praesumpserunt . so little did they esteem the popes or his legats excommunications or interdicts . * walterus cantilupo bishop of worcester , the night before the battle of leweys , ( anno . ) comiti simoni , et omnibus suis peccatorum absolutionem impendens , jussit ut in remissionem peccatorum pro justitia illa die viriliter decertarent , promittens omnibus taliter morientibus , ingressum regni coelestis . notable episcopal divinity , to encourage rebels to fight manfully against their king ; neither was he singular therein , for * robert grosthead bishop of lincolne did the same before him , of whom matthew paris his continuer renders us this account , that comes simon ( the barons general and chief champion against the king ) lincolniensi episcopo adhaerere satagebat , eique suos parvulos tradidit nutriendos . ipsius consilio tractabat ardua , tentabat dubia , finivit inchoata , ea maxime , per quae meritum sibi succrescere aestimabat . qui quidem episcopus dicitur injunxisse sibi in remissionem peccatorum , ut hanc causam , pro qua certavit usque ad mortem , sumeret ; asserens pacem ecclesiae anglicanae , ( sine ) gladio materiali non posse firmari , et constanter affirmans , omnes pro ea morientes martyrio coronari . dicunt quidam , quod episcopus aliquando manum ponens super caput primogeniti dicti comitis , dixit ei , o fili charissime , tu & pater tuus ambo moriemini uno die , unoque mortis genere , pro justitia tamen & veritate , being both slain in the battle of evesham , in rebellion against king henry , to which these ghostly fathers thus animated them . in hora mortis ejus fiebant tonitrua & fulgura , & tanta obscuritas , ut plurimos ducerent in stuporem ; an ill presage of his passage to heaven , though maximè fidus in orationibus religiosorum , ecclesiasticis magnam semper impendens reverentiam , who animated him in his rebellions , and brought him to a tragical death in conclusion . othobon the popes legate having made an accord between the king and his commons in the parliament at * kenillworth , an. . the . of his reign , printed in the statutes at large , to which i referre you , and pat. . h. . dorso . the legate thereupon , as rishanger in his continuation of matthew paris his history , and others relate sent a peremptory message to the disinherited barons and others , to submit thereto ; who rejecting this ordinance and award , returned this answer , shewing how much they slighted him and the popes authority , and their proceedings against them . eo tempore exhaeredati latitantes in insula elyensi , per nuncios legati admoniti sunt , ut reverterentur ad fidem et unitatem sanctae matris ecclesiae , et obedientiam romanae curiae , et pacem regis , secundum formam provisam , et susciperent absolutionem de sententia in eos lata , juxta formam ecclesiae , et ne ampliores roberias et damnationes facerent , sed et de ipsis restitutionem facerent clero et ecclesiae . responsio . ad primum respondent exhaeredati , quod firmiter tenent eandem fidem , quam didicerunt à sanctis episcopis ; sancto roberto , & sancto edmundo , sanctoque richardo , alii que viris catholicis , & quod credunt & tenent articulos fidei , qui in symbolo continentur . evangelio quoque , & ecclesiae sacramentis sicut universalis ecclesia tenet & credit , & ipsi credunt , & propter hanc fidem mori , & vivere sunt parati . responsio . ad secundum dicunt , quod obedientiam habent ecclesiae romanae sicut capiti totius christianitatis , sed non cupiditatibus & exigentiis voluntariis eorundem qui gubernare debent ne eandem . et addunt , quod praedecessores sui , quorum ipsi sunt haeredes terram istam * conquesierunt per gladium , et ideo visum est eis , quod injuste exhaeredati sunt , et hoc fit per legatum . vnde hortantur eundem , ut istud faciat emendari . responsio . ad tertium dicunt , quod legatus missus est in angliam , ut pacem faceret , sed magis bellum manu tenet , quia manifeste parti regis adhaeret , et eam fovet . et in quantum sic facit , bellum sustinet . item dicunt , quod forma praevisa nulla est , praecipue quoniam papa dederit in mandatis regi et legato , ut nullus exhaeredaretur : unde hortantur legatum , ut hoc faciat emendari . responsio . ad quartum dicunt , quod primum juramentum fuit ad utilitatem regni et totius ecclesiae , et omnes praelati regni excommunicationis sententiam fulminaverunt in omnes contravenientes : unde adhuc stant in eadem voluntate , et parati sunt mori juramento eodem . vnde hortantur legatum , ut revocet sententiam , quam ipse tulit , alioquin appellant ad sedem apostolicam , et etiam ad generale concilium , vel , si necesse foret ad summum judicem . responsio . ad quintum dicunt , quod cum militant pro utilitate regni & ecclesiae , oportet eos vivere de bonis inimicorum suorum , qui detinent terras eorum . ideo hortantur legatum , ut illis faciat restituti terras suas , ut necesse non habeant depraedari . responsio . ad sextum dicunt , quod multi discurrentes circumquaque faciant roberias multimodas ex parte regis & edwardi , & dicunt , se esse ex parte exhaeredatorum ut ipsos diffament , & se ipsos excusarent ; & ideo monent legatum , ne talia referentibus fidem tribuat , quia si quenquam in hoc scelere inter seipsos inveniret facerent de tali judicium sina mora . interim exhaeredati significant domino legato , quod irreverenter ejecit à regno quasi totius regni consilium , episcopum wintoniensen , episcopum londinensem , episcopum cicestrensem , viros utique consilio & prudentia circumspectos . quamobrem regni consilium in maxima parte debilitatur , & regnum dilabitur , quia legatus bona episcopatuum sibi usurpat , et per absentiam consilii exitium induxit status terrae , et ideo monent legatum , ut haec faciat emendari . item significant legato , ut moneat regem , quòd alienigenas de consilio suo amoveat , per quos terra captivatur . monent etiam legatum , ut terrae suae restituantur eisdem sine redemptione , & ut provisiones oxonienses teneantur , & ut obsides eis liberentur in insulam , ut possint eam pacificè tenere per quinquennium , donec viderint qualiter rex omnia promissa fecerit observari . item significant legato , quòd abbatiae & aliae domus religiosorum aedificatae sunt de bonis praedecessorum suorum , quae nunc per extorsiones & tallagia regis & legati destruuntur , & ideo nequeunt fieri eleemosynae & hospitalitates , sicut solebat . ideò monent legatum , ut hoc emendetur . item significant domino legato , quod ecclesiae regni angliae collatae sunt alienigenis qui sunt inimici terrae , et bona ecclesiastica quibus naturales terrae vivere deberent et suffentari , in partes transmarinas asportarunt . et ideo indigne periclitantur , non tantum in corpore sed in anima . nam pastores non habent , nisi sacerdotes conductitios , qui pro minori pretio possunt conduci : ideo monent legatum , ut hoc faciat emendari . item significant legato , quod decimae , quae exigentur a clero , non debent dari , eo quod terra destructa est per regales , et per commune bellum , et terra jacet inculta , et fructus nulli proveniunt , unde populus fame moritur . rex et legatus exasperati his responsis anno sequenti insulam obsiderunt . the barons and disinherited persons returning this answer to the legate who was much incensed with it ; the king thereupon feasting the cardinal , and placing him in his royal throne , to the great offence of his subjects , by his advice summoned a parliament to subdue them by force ; wherein he demanding an ayde and assistance both of men , monyes , and a disme from the bishops , abbots and other prelates , who held of him lands and baronies , they likewise returned him a very peremptory answer , thus related . rex venit londinum , ad celebrandum festum sancti edwardi regis , prout moris ejus fuerat cunctis annis . igitur multis convocatis ecclesiarum praelatis , simul cum baronibus , festum illud cum grandi gaudio solemnizavit . in prandio vero legatum in sedili regio collocavit , singulis ferculis prius appositis coram eo . an unkingly condescention and flatery in the king , but a greater insolency in this pround and royal legate to accept of ; who to requi●e this transcendent honor , presently excommunicated all that were in armes against the king. soon after , rex citari fecit comites & barones archiepiscopos , episcopos , & abbates , omnesque communiter militare servitium sibi debentes , ut apud sanctum edwardum , equis & armis sufficienter instructi , convenirent , ad impetendum eos , qui contra pacem regiam occupaverant insulam elyensem . comes autem gloverniae , caeteris mandato parentibus , in confinio walliae congregans exercitum copiosum ad inimicos suos persequendum , venire supersedit . mittuntur ergo legati , johannes de warenna , & gulielmus de valentia , qui illum ad parliamentum venire monerent : sed nihil quidem profecerunt , propter id quod ejus acceperunt patentes literas sigillo suo signatas , quod nunquam arma portaret contra dominum suum regem nec contra filium ejus edwardum , nisi defendendo . inimicos vero suos rogerum de mortuo mari , & caeteros pro posse suo suppeditaret . hoc , ut dicebatur , callide confingebat , quia notam proditionis sibi imponi timebat . abadunatis , qui ad parliamentum citati fuerant , praeter rebelles , primo principalirer rex & legatus subscriptos articulos exigebant . ( by the answers of the bishops and clergy whereunto , you may judge of their loyalty and good affection to the king and respect to the popes legate , the principall continuer of these proposals . ) ut omnes praelati & rectores ecclesiarum decimas sibi concederent , de tribus sequentibus , & de anno proximo praeterito , quantum dabant baronibus ad custodiendum mare contra alienigenas . responsio . ad hoc responderunt , quod bellum incoeptum fuerat iniquam cup iditatem , & durat in praesens , & necessarium esset , hujusmodi petitiones pessimas praeterire , & de pace regni tractare , & parliamentum suum ad utilitatem ecclesiae & regni convertere , non ad denariorum extorsionem , praecipuè quum terra in tantum destructa sit per bellum , quod nunquam vel saltem serò , poterit respirare . secundus . item petitum est , ut ecclesiae taxarentur per manus laicorum justa & alta taxatione● ad valorem omnium bonorum spectantium ad easdem . responsio . ad hoc respondebatur , quod non est ratio , sed omnino contra justitiam , ut laici de decimis colligendis se intromittant , nec in hoc unquam consentirent communiter , sed tantum ut taxatio antiqua staret . tertius . item ut episcopi & abbates , &c. decimam suam darent de baroniis suis plenariè , & de laico feudo recta & alta taxatione . responsio . ad hoc respondebatur , quod depraedationibus sunt depauperati , & sequuti sunt regem in expeditione , & tanta pecuniarum effusione , quod omnino pauperes sunt effecti & etiam terrae eorum incultae jacebant propter bellum . quartus . item petitum est ; ut clerus communiter daret domino regi ad relevandum statum suum triginta millia marcarum propter ▪ antedictas decimas , quas quidem legatus vendicabat ad opus romanae curiae , propter debita siciliae , apuliae , & calabriae contracta in nomine ▪ domini edmundi filii regis , modo praesentis . responsio . ad hoc respondebatur , quod nihil darent , quia omnes hujusmodi taxationes & extorsiones per regem factae prius , nunquam in regis utilitatem vel regni sunt conversae . quintus ▪ item petitum est , ut omnes clerici tenentes baronias , vel laicum feudam , personaliter armati procederent contra regios adversarios , vel tantum servitium in expeditione regis invenirent , quantum pertineret ad tantam terram , vel tenementum . responsio . ad hoc respondebatur , quod non debent pugnare cum gladio materiali , sed sp●●ituali , scilicet cum lachrymis et orationibus humilibus et devotis . ( yet they were the prime authors , fomenters of the wars in the former wars between the king and his nobles . ) et quod propter beneficia sua , tenentur pacem manu-tenere , non bellum . et quod baroniae eorum ab eleemosynis puris stabiliuntur , unde servitium militare non debent nisi certum , nec novum incipient . sextus . item petitum est , ut clerus communiter adquietaret novem mille marcarum , quas episcopus roffensis laurentius , episcopus bathoniensis willielmus , & abbas westmonasterii richardus , mutuo receperunt à mercatoribus papae in curia romana , quando fuerunt ibidem ▪ pro regis negotiis expediendis . responsio . ad hoc respondebatur , quod nunquam consentiebant mutuationi tanti debiti , nec unquam inde sciebant , unde in nullo tenentur illud adquietare . septimus . item petitum est ex parte papae , ut fieret praedicatio in omni festinatione de cruce per totum regnum , ad expugnandum populum , quem curia provideret , vel ad crucem perpetuam redimendam . responsio . ad hoc respondebatur , quod populus terrae per bellum in magna parte perimitur , & si modo cruce signarentur , pauci , vel nulli ad defensionem patriae remanerent . unde manifestum est , quod legatus vellet naturalem terrae progeniem exulare , ut alienigenae liberius conquirere possint terram . octavus . item dicebatur , quod praelati tenebantur ad omnes petitiones , vellent ▪ nollent , propter juramentum de conventre , ubi juraverant , quod domino regni auxiliarentur modis omnibus , quibus possent . responsio . ad hoc responderunt . quod quando juramentum fecerunt , non intelligebant de alio auxilio quam spirituali , consilioque salubri . a fine prelatical and clerical equivocation . how little gilbert de clare earle of gloucester , esteemed the popes legates authority , who took more power upon him then the king , possessed himself of his regal palace and fort of the tower of london , promoted , preached this croysado , excommunicated all the disturbers of the kingdoms peace and enemies of the king , and interdicted all the churches in and near london , is thus related by matthew westminster , together with the kings pawning his jewels to him and giving him power to pawn them , to supply his necessities . gilbertus de clare comes gloverniae , cum magno exercitu venit londinum quasi domino suo regi auxilium praestiturus , verba pacifica loquebatur in dolo , sicque civitatem ingressus , ipsam protinus tanquam dominus occupavit , mandans nuncias ad legatum , quod sibi turrim londinensem , in qua habitabat , redderet sine mora , et ut posset assequi citius suum velle , prohibuit ne legato victualia venderentur . legatus siquidem , tanquam bonus pastor à bono pastore directus , veniens ad ecclesiam sancti pauli , londini , crucis negotium exposuit coram multis . quidam ergo corde compuncti , crucem protinus receperunt , inter quos fuerant thealdus archdiaconus leodicensis , papa futurus , qu●●n angliam venerat cum legato , cui valedicens , iter versus terram sanctam arripuit , & nobilis vir , thomas de cla●e , qui spreto consilio fratris sui , comitis gloverniae , regem adiit , & ei fideliter obedivit . igitur de negogotio crucis sermone completo , legatus imperterritus sermonem suum in comitem gloverniae convertit , monens ut fidelitatem ; quam regi debuit et sposponderat , observaret , addens , quod sibi reformatori libertas egrediendi turrim et civitatem londini nec etiam victualia debuerant denegari . salubria patris monita , indu●ati cordis filius non audivit . legatus , cum quibusdam nobilibus , regis fidelibus , clam turrim londini est ingressus . iudaei non pauci , cum uxoribus et parvulis , post legatum . in the mean time those who where disinherited , marching out of the isle of ely ; monasteria invadentes in eisdem deposita rapuerunt ; deposita in ecclesia westmonast . abstulerunt . legatus postmodum in perturbatores pacis regis et regni , sententiam excommunicationis generaliter promulgavit , et ecclesias civitatis londinensis , et civitati continguas supposuit interdicto . in domibus tamen religiosis , sine strepitu campanarum et vocis , exclusis pacis perturbatoribus , missas celebrari praecepit . * the londiners upon the legates cursing of them and forbidding them the company of christian men beseiged him in the tower of london , till many bishops armed had him away . undique vallabant regem angustiae , adversariorum saevicia , & defectus pecuniae . initoque consilio , jocalia ecclesiae westmonast . imagines f●retri aureas , & lapides praeciosos , in manibus tradidit mercatorum , modicam pecuniam mutuo recipiens pro eisdem , quae tamen tranquillitatis tempore restituit ecclesiae supradictae . our records inform us , that the king being in great want of monies commanded all his jewels in the tower and elsewhere to be delivered to the popes legat , to pawn for what mony he could raise upon them , to be reserved in the tower of london under his custody , and desired his favor for levying the disme granted him by the pope , not in such manner and form as the pope expressed in his bull , and the legate in his commissions , but after the old rate in some diocess for expedition . rex legato salutem . auditis & intellectis hiis quae magister willielmus de clifford clericus noster ex parte vestra nobis exposuit , paternitatem vestram scire volumus , quod quia pro urgentissimis negotiis nostris expediendis pecunia ad praesens , prout nostis non mediocriter indigemus , placet nobis , quod omnia jocalia et alia preciosa nostra , tam in turri london . quam in abbatia westm. existentia , ●obis per custodes eorundem quibus super hoc scribimus , liberentur ad impignorand . prout expedire videritis pro quanta pecucunia poteritis , ad opus nostrum . ita quod jocalia & preciosa praedicta sub custodia vestra in ●urri resideant supradicta . mandavimus enim custodibus eorundem quod ipsa vobis liberent sine mora . de decima quoque nobis concessa volumus , si vobis videatur expediens : quod decima illa in dioc. wigorn. & hertf. secundum antiquam aestimationem , per collectores ejusdem , non obstante aliquo termino prolixiori à vobis super hoc assignato , sine morae dispendio colligatur , salvo nobis pro loco & tempore quod ad nos pertinet ratione concessionis nobis factae de decima memorata . de decima etiam in aliis dioc. similiter colligenda scripsimus edw. primogenito nostro , ut de ipsius consilio & assensu & aliorum magnatum & fidelium nostrorum qui sunt de consilio nostro facere possumus , quod honori & utilitati nostro in hac parte secundum ordinationem vestram magis noverimus connire . ceterum de statu & libertatibus de london in instanti parliamento nostro apud sanctum edmundum ordinare curabimus , quod nobis & civitati praedictae convenientius fuerit faciendum . in hiis autem & aliis quae dilectus clericus noster robertas fulc . lator praesentium vobis dicet ex parte nostra , si placet fidem adhibeatis indubitatam . teste rege apud cantebrigiam octavo die marcii . rex omnibus , &c. sciatis quod dedimus potestatem venerabili patri o sancti adr. diac. card. apostolicae sedis legato in angliae , recipiendi omnia jocalia et pretiosa nostra tam in turri nostra london quam in abbatia westm existentia , à custodibus eorundem ea impignoranda , pro quanta pecunia poterit ad opus nostrum , ad quaedam urgentia negotia nostra inde expedienda , prout nobis magis viderit expedire . , . . ita quod jocalia & preciosa illa sub ipsius custodia in turri resideant supradicta . ratum habituri & gratum quod ipse super praemissis in forma praedicta duxerit faciendum . in cujus , &c. teste ut supra . i read in a matthew parker , and b godwin , that john gernsey , or de exoniae , made bishop of winchester , c ex collatione domini papae , was consecrated at rome , anno . where he paid to the pope . marks for his confirmation , and so much to jordan the popes chancellor , ( no symony nor sin at rome ) yet upon his return home this year he was suspended from his bishoprick by ottobon the popes legate , for taking part against the king in the barons wars , he enjoying his honor so dearly bought but a small time , dying the next year in italy for grief . pope clement the th . at the solicitation of king henry the d. by this bull , wherein he recites all the affronts and injuries done to the king , queen , prince , by the barons , and the several miseries which befell them and the whole kingdome and church by those wars , with the kings extream want of monies , and debts by reason thereof , the necessity of supplying him for the better support and defence of his kingdom , the churches and peoples liberties ; especially by the clergy who had received such bountifull gifts and endowments from him and his ancestors , granted the tenth part of the profits and rents of all archbishopricks , bishopricks , monasteries , and all ecclesiastical persons and orders whatsoever as well exempt as not exempt , within the realm of england , wales and ireland , according to the true improved values , notwithstanding all former bulls and exemptions to the contrary ; authorizing othobon his legate to collect it by all manner of ecclesiastical censures notwithstanding any appeals , and by assistance of the secular arme where need required . whereupon this legate having no leisure to collect it himself ; issued commissions to several other persons to collect this disme according to the popes bull therein recited , which being very memorable , extant in no printed history , i shall present you with a true transcript thereof out of one original commission of othobon , which i found in the white tower chappel , magistro waltero scamell , archdiac . berks , & magistro radulpho de higham , canonico sarisburiens . dated . kal. febr. agreeing verbatim with this recorded in a cedule of the charter roll , anno h. . but only in the commissioners names , and day of the date , which recites the popes bull verbatim , and worthy publication . otto bonus miseratione divina sanctî adriani diaconus cardinalis apostolicae sedis legatus . discretis viris , abbatis de tynterne , & archdiacono hereford . haerefordens . & laudavens . dioc. salutem , in salutis authore . amaro nimis recolens animo sanctissimus pater dominus clemens papa quartus quantâ regnum angliae inclytum modernis fuerat temporibus turbatione concussum , quantaque quassatum concussione guerrarum , et eidem regno tanquam sibi et ecclesiae romanae charissimo piae compassionis affectu compatiens , ac pressuras innumeras quas serenissimus princeps dominus h. rex angliae illustris , ac nobilis vir e. ejus primogenitus , et ecclesiae ac personae ecclesiasticae et seculares regni ejusdem iisdem pertulere temporibus , lugubri mente considerans , sollicitudine opportuna ut decet , et prompta opportuniate ut expedit , deliberavit statui regno depresso , graviter et inique gravato , accommodis remediis providere . ac pro subventione regi facienda praedicta decimam partem omnium ecclesiasticorum reddituum archiepiscoporum , episcoporum aliorumque praelatorum , nec non ecclesiarum cathedralium et aliarum monasteriorum , domorum , prioratuum , caeterorumque locorum ecclesiasticorum , regularium ac secularium , exemptorum & non exemptorum regni angliae , hiberniae & walliae . cujuscunque sint religionis vel ordinis , ( militiae templi , hospitalis sancti johannis jerusolomitan . sanctae mariae theotonicorum , cistercien . kartusien . ordinis sanctae clarae domibus duntaxat exceptis ) per triennium de fratrum suorum consilio deputavit . dans nobis per suas literas in mandatis , ut per nos vel alium , aut alios viros providos et fideles quos ad hoc reputaremus idoneos , dictam decimam quam secundum veram , non secundum antiquam extimationem reddituum et proventuum praedictorum per quod hujusmodi extimatio frequenter pro varietate temporum variatur , idem dominus exigi vult et mandat , in supradictis regno et locis diligenter colligi faceremus , ejusdem regis et regni utilitatibus profuturam , prout in ejusdem domini papae literis ad nos directis plenius continetur , quarum tenor talis est . clemens episcopus servus servorum dei , dilecto filio o. sancti adriani , diac. card. apostolicae sedis legato , salutem , & apostolicam benedictionem . quantâ regnum angliae inclytum fuerit hiis temporibus turbatione concussum , quantaque sit guerrarum concussione quassatum , amaro animo recolentes , eidem tanquam nobis & ecclesiae romanae charissimo , pio compatientes affectu compatimur & ex intimis condolemus : nec minus amaritudine multa percellimur dum pressuras innumeras quam charissimus in christo filius noster rex , & charissima in christo filia nostra regina angliae illustres , ac nobilis vir edwardus ipsorum primogenitus , & ecclesiae & ecclesiasticae personae regni ejusdem iisdem pertulere temporibus recensemus . cujus enim pectus saxeum non anxio repeteret spiritu , non lugubri mente recoleret , qualiter memorati rex & primogenitus discriminibus bellorum expositi , experti carceres , mortis frequenter patuêre periculis , ab hiis hucusque solo dei digito praeservati . qualiter eadem regina praefatis rege viro & primogenito suis quasi orb●ta viventibus , coacta est extra regnum , paupertatis nihilominus non levi pressa onere , diutius exulare . qualiter easdem ecclesias & personas pro libito manus raptoris invasit , ipsarum bona pro velle dirupuit & consumpsit . ad hujus autem amaritudinis vehementis ardorem , cujusdam etiam nostrae frequentis considerationis inspectio timoris verisimilis adjicit incentivum ; dum enim conspicimus attentè meditationis aspectu , tàm grandis turbationis r●liquias non omnino consumptas , sed adhuc graviores quàm vellemus & praedictis regno , regi , ac suis expediat superesse , tantò amplius tranquillitatem ipsius , prout desideramus nondum plenè firmatam , in antiquae tempestatis angustias recidivare timemus , quanto id eisdem regno , regi ac aliis discriminibus guerrarum attritis , bellorum vastitate confectis , laborum diuturnitate lassatis , exinanitis opibus , & oneroso debitorum onere praegravatis , majori posset esse discrimini & efficacioris ingerere pericula nocumenti , cum esse proculdubio soleat recidenti deterius quàm cadenti , propter quod sollicitudine opportuna , ut decet , & prompta oportunitate ut expedit , deliberavimus statui regio depresso , graviter & iniquè gravato accommodis remediis providere , ut plene sui iudicii solio restituto , ipse quo fortior sedebit in illo , eo liberius suo intuitu dissipet omne malum , eoque utilius regimini ejusdem regni et ecclesiarum ipsius possit defensioni vacare , quo ipse ac sui relevato et gravibus quibus tenentur debitorum oneribus , se suosque subditos , et specialiter sibi asistentes in regimine ac defensione hujusmodi , efficacius poterit in suis juribus confovere . attendentes itaque quanto idem rex semper ad * ecclesias devotionis zelo fervet , quantoque studio ipsarum statum prosperum multo fervore zelatus , ac divini cultus intendit augmentum , quam largifluis munificentiis et munificis liberalitabibus ipse ac clarae memoriae sui progenitores inclyti earundem ecclesiarum statum et substantias augmentarunt ; * decens arbitramur et congruum , eidem regi de ipsarum ecclesiarum bonis necessariae subventionis porrigere dexteram , et decenter ac congrue in tantae necessitatis articulo subvenite . ad subventionem igitur regis ipsius decimam partem omnium ecclesiasticorum reddituum & proventuum archiepiscoporum , episcoporum , aliorumque praelatorum , nec non ecclesiarum cathedralium & aliorum monasteriorum , domorum , prioratuum , caeterorumque ecclesiasticorum regularium ac secularium exemptorum & non exemptorum angliae , walliae & hiberniae , cujus● cunque sunt religionis vel ordinis , militiae , templi , hospitalis s. johannis jerusolimitan , s. mariae theotonicorum , cisterc . cartufien . s. clarae dominibus duntaxat exceptis , usque ad triennium de fratrum nostrorum consilio duximus deputandum . quocirca discretioni tuae per apostolica scripta mandamus quatenus decimam praedictam , quam secundum veram non secundum antiquam extimationem reddituum et proventuum praedictorum pro eo quod hujusmodi extimatio frequenter pro varietate temporum variatur , exigi volumus et mandamus , per te vel per alium aut alios viros providos et fideles , quos ad hoc putaveris deputandos , per totum praedictum tempus in supradictis regno et partibus colligi facias diligenter , in utilitates regis ejusdem , prout tibi per * alias nostras literas exprimimus dispensandum . non obstante sialiquibus sub quacunque forma verborum a sede apostolica sit indultum , quod excommunicari vel interdici non possint , vel quod ad praestationem subventionis vel subsidii alicujus minime teneantur per literas sedis ejusdem , quae plenam et expressam de indulto hujusmodi et toto tenore ipsius de verbo ad verbum non fecerint mentionem , seu quibuslibet privilegiis vel indulgentiis dictae sedis cujuscunque tenoris existant quibus a praestatione decimae proventuum eorundem valeant quomodolibet se tueri , et constitutone de duabus dietis , edita in concilio generali : contradictores authoritate nostra appellatione postposita compescendo . ( all former popes bulls , priviledges whatsoever are here nulled by this non obstante ) dat. viterbii , quinto idus junii . pontificatus nostri anno secundo . quia verò executioni praedicti negotii per nos ipsos intendere , variis & arduis occupati negotiis non valemus , de vestra circumspectione plenam in domino fiduciam obtinentes , vobis in virtute obedientiae firmiter praecipiendo mandamus , quatenus de universis redditibus & proventibus episcopatus & omnium ecclesiarum landavens . civitatis & diocesiis , tam cathedral . quam aliarum , nec non monasteriorum etiam exemptorum aliorumque locorum ecclesiasticorum regularium & secularium quarumlibet personarum cujuscunque ordinis vel dignitatis existant , ( hiis qui expressè à talibus in eisdem literis eximuntur , & venerabilibus patribus sacrosanctae romanae ecclesiae cardinalibus duntaxat exceptis ) decimam secundum veram extimationem reddituum , et proventuum eorundem , quod intelligimus secundum verum valorem eorum etiam si verus valor ipsorum proventuum ultra taxationem quam fieri mandavimus se extendat , in tribus terminis ; tertiam scilicet partem in proximo festo resurrectionis dominicae , & aliam tertiam in festo beati johanni baptistae , & reliquam tertiam partem in festo beati michaelis proximo subsequentibus ex intregro colligentes , venerabili in christo patri waltero eboracen . electo , quondam bathon . & wellen. & discretis viris magistro stephano cantuariens . & ruffunio clivell , in eboracensi ecclesia archdiaconis , quos ad eam recipiendam & expendendam , de nostro consilio et assensu pro ipsius regis et regni utilitatibus durimus deputandos , fideliter assignatis , contradictores et rebelles per censuram ecclesiasticam appellatione postposita compescendo ; invocato ad hoc , si necesse fuerit , auxilio brachii secularis . et ut praefatum mandatum plenam sortiatur effectum in non solventes , aut fraudulenter vel minus solventes de suis redditibus seu proventibus decimam hujusmodi secundum extimationem praedictam , excommunicationis sententiam ex nunc in scriptis proferimus , eamque mandavimus per vos in omnibus ecclesiis earundem civitatis et diocesis sollempniter publicari singulis diebus dominicis et festivis . ad alias graviores paenas spirituales et temporales contra tales nihilominus processuri postquam ipsorum fraus vel contumacia undecunque patuerit in praemissis . ab illo autem tempore deberi praedictam decimam declaramus & eam pro eodem tempore solvi praecipimus , quo dominus papa praefato regi decimam ipsam provida deliberatione concessit . dat. lond. . kal. febr. pont. domini clementir papae quarti , anno secundo . in this commission and bull , it is observable . . that this pope and his legate expresse an extraordinary compassion , and affection to the king , crown and kingdome of england ; but it was solely for the extraordinary gaines and advantages they received by and from ; not out of any cordial affection towards them , as the premises evidence . ly . that the pope takes upon him by his papal authoty at the kings request , for his and his kingdoms benefit , as was pretended , to grant the king a three years tenth of the revenues and profits of all archbishops , bishops , ecclesiastical or religious persons and orders whatsoever , as well exempt as not exempt ; notwithstanding all former bulls and priviledges of exemption by his predecessors , which must be meer cyphers and nullities when he pleaseth , so little did popes value the power or bull of their predecessors . ly . that his legat and his commissioners must have the sole power of levying , collecting and ordering this disme , not the king and his ministers within his own realme , who must be subordinate to them , and supplicate his favor upon all occasions . thly . that it must be taxed not according to the usuall but improved values , and levyed with greatest severity by all sorts of censures upon such who refused or neglected to pay it , * the pope and his agents being to share with the king ( who had the smallest part ) in this as well as in former dismes of this nature , what ever was pretended to the contrary ; the * arrears of his annual rent reserved out of england and ireland , being to be paid out of it in the first place . ly . that the ecclesiastical livings and preferments of the popes cardinals , and creatures within the kings dominions must be wholy exempt from this disme , but no other persons whatsoever , though priviledged by sundry bulls of his predecessors , and all benefit of appeals from his legats censures in it , taxing , collecting , taken away ; yea the refusers excommunicated before hand , and their excomunications publickly denounced in all churches every lords day , and holy day , such then was the antichristian tyranny and abuse of ecclesiastical censures for secular ends . the king having received this great boon and favor from the pope , writ these complemental letters of thanks to him and his cardinals , expressing his extraordinary obligations to them , his readiness to serve them upon all occasions , his flying to them as his refuge , and depending on their sage advice in all his affaires , ubi domesticae consilia non sufficiunt , desiring themto promote some special extraordinary business concerning him and his realm , which sir william bonquer his messenger was to communicate to them . domino papae rex salutem . multiplex et recensita beneficiorum et gratiarum sedis apostolicae largitio nobis exhibita , nec non honores et commoda quae a vestrae munificientiae dextera suscepimus et sentimus , animum nostrum crebro saetificant , et jugiter nos excitant et invitant ad laudum praeconia tanto patri praemissorum intuitu exsolvenda , ad quae digne referenda licet nos minus sufficientes reputemus , ad ea tamen quae scimus et possumus plena mentis affectione et totius bene volentiae plentitudine sanctitati vestrae gratiarum referimus actiones ; votum nostrum in hac parte , per effectum operis cum ecclesiae romanae placuerit , plenius exprimere peroptantes . caeterum cum pro negotiis arduis & secretis nos & regnum nostrum tangentibus , vestrae sanctitatis gratiam nobis specialiter requirere sit necesse , dilectum militem nostrum will. banquer , de quo plenè confidimus , & cui intentionem nostram ad plenum revelavimus , ad vestram praesentiam destinamus , piae paternitati vestrae ( de qua post deum anchoram fiximus spei nostrae ) supplicantes humiliter & devotè , quatenus eundem militem praemissis clementer exaudire , & fidem sibi plenariam adhibere , & ea quae vobis ex parte nostra proponet , ad exauditionis gratiam solita benignitate admittere dignemini . teste rege apud westm. . die januarii . venerabili cetui cardinalium , rex angliae salutem . inter honores & caetera desiderabilia hujus mundi quae nos & progenitores nostri de manu domini dignoscimur suscepisse , multimoda beneficia & remedia nobis in variis necessitatis articulis opportuna , quae sacro sancta rrmana ecclesia mater nostra , auxilio gratiae vestrae , & praecipuè istis temporibus impendere non desistit , frequenter ante mentis oculos reducentes , ad tanta promptae devotionis obsequia nos cernimus . et volumus obligari quod vestris beneplacitis quae fecisse pro maximo gaudio duceremus , et adhuc pro viribus totis desideriis facere cupimus , nos et nostra liberaliter exponamus . cum igitur ad superexcellentem vestrae paternitatis prudentiam veritatis radiis jugiter illustratam per quam veluti diuturnitate experientiae infallibilis approbatam , universalis ecclesiae feliciter gubernatur , reges et principes per viam rectitudinis et salutis incedunt , regnorumque negotia pro sui et temporum qualitate , ubi domestica consilia non sufficiunt , salubriter disponuntur ; pro quibusdam nostris et regni nostri negotiis arduis recurrere nos oporteat , sicut ad tutifsimum spei nostrae refugium , de quo potissime confidentes , vos quanta possumus affectione requirimus et rogamus , quatenus dicta negotia quae per dilectum et fidelem nostrum willielmum bonquer , latorem praesentium , tantorum patrum reverentiae reliquimus exponenda , solita benignitate , si placet , habeatis propensius commendata , & ipsa ad praesens favore benevolo efficaciter dignemini promovere . ita quod vestris beneplacitis , & vestrorum honoribus & commodis in hiis quae regiae potestatis existunt , gratanti animo futuris temporibus fortius astringamur . teste rege ut supra . rex albo cardinali salutem . super gratia & favore quos ex innata vobis benivolentia quae erga nos & nostros per operis exhibitionem multipliciter se ostendere non desistit , circa negotia nostra in curia romana expedienda huc usque multipliciter impendistis , vobis ad quantas possumus gratiarum assurgimus actiones . regratiamur vobis insuper ex affectu super curialitatibus & honoribus multimodis quos dilecto & familiari militi nostro w. bonquer , dum pro negotiis nostris in curia extitit antedicta liberaliter fecistis , sicut idem w. nobis gratanter retulit viva voce , reverendam paternitatem vestram quam dominus per suam gratiam continere & feliciter prosperari faciat et conservet , rogantes affectu quo possumus ampliori , quatinus praefato militi nostro ibidem , si placet , benignitate solita , in negotiis nostris quae vobis ex parte nostra duxerit intimanda consilium impendere dignemini pariter & juvamen . ita quod vestris beneplacitis quae fecisse pro spirituali gaudio duceremus , & adhuc facere peroptamus , futuris temporibus arcius teneamur . teste ut supra . rex cardinali salutem . dum beneficia multimoda et consueta quibus sacro-sancta romana ecclesia mater nostra , inter caeteras sollicitudines suas circa status nostri reformationem remediis invigilans oportunis , & maximè hiis temporibus dignata est sui gratiâ nos respicere liberaliter & juvare , indeficientis potentiae suae , viribus et auxiliis gratiosis regni nostri solium juxta mentis nostrae desiderium continue laborando , diligenter recolimus et studiosius intuemur , eidem ecclesiae ad summae gratitudinis et devotionis obsequia , ut tenemur , volumus obligari . reverendae quoque paternitati vestrae , cujus favorem & gratiam in praemissis adjutorium nostrum praecipuum nos sensisse recognoscimus , ad quantas possumus gratiarum assurgimus actiones . cum igitur ad sedem apostolicam pro quibusdam nostris & regni nostri negotiis arduis et secretis , ad quae ibidem procuranda dilectum & familiarem militem nostrum talem exhibitorem presentium , destinavimus , ad praesens oporteat nos habere recursum , paternitatis vestrae clementiam , in qua spem & fiduciam ponimus specialem , rogamus affectu quo possumus ampliori , quatinus ad dicta negotia promovenda benignitate solita , erga summum pontificem velitis efficaciter interponere partes vestras , ita quod nos exindè vestris beneplacitis fortius astricti perpetuis temporibus , ea quae honori vestro , et vestrorum utilitatibus convenerint , prout in votis gerimus , merito facere debeamus . praedicto etiam militi nostro de quo plenè confidimus , et cui nostrae intentionis plenitudinem revelavimus , in iis quae super praemissis ex parte nostra sinceritati vestrae reliquimus exponenda , si placet exhibeatis tanquam nostri cordis nuncio plenam fidem . teste ut supra . the king having made use of the popes advocate in prosecuting his suites there in his court , and not sufficiently rewarded him , sent him this letter of thanks for his favor , desiring his future care and diligence in expediting his affairs , promising him an ample reward with usury for the former delay thereof . rex sacrosanctae curiae romanae advocato salutem . prudentiam ▪ vestram quam circa negotia nostra in praedicta curia expedienda laudabiliter & strenuè sicut pro certo didicimus , laborasse , & quam propter hoc specialiter commendantes vobis quantas possumus gratiarum referimus actiones , vos rogantes affectu quo possumus ampliori , quatinus circa negotia quae nos tangunt in curia antedicta juxtà vestrae probitatis industriam , de qua fiduciam gerimus specialem , more solito adeo viriliter laborare velitis , quod vobis ad majorem retributionem , prout in votis gerimus , & regiae manificientiae convenit fortius astringamur ; nec videatur vobis remunerationis nostrae dilatio taediosa ; praemia namque vestra quae varia impedimenta contra voluntatem nostram hactenus distulerunt , vobis quam citius poterimus cum usuris reddi copiosius faciemus . ita quod liberalitatem nostram in hac parte , debebitis merito commendare . teste ut supra . the king having voluntarily , not of right submitted the security to be given to him by gilbert de clare , to the determination of the pope ( as an umpire only , not sovereign judge ) and to appear in his presence by their proctors at a certain day , constituted proctors for that end and cause by these letters patents . rex omnibus &c. salutem . cum super quadam securitate nobis à gilberto de clare comite glouc. & hertf. praestanda , hinc inde nos supposuerimus ordinationi et voluntati sanctissimi patris in christo c. dei gratia , sacrosanctae romanae ecclesiae summi pontificis certo termino comparendi in sua presentia per procuratores idoneos assignatos , ad audiendum , & acceptandum quicquid super praedicta securitate nobis à praedicto comite facienda idem sanctissimus pater duxerit ordinandum , discretos viros magistros rollan ▪ de lanam ▪ & bonetum de sancto quintino clericum nostrum , utrunque eorum scilicet in solidum ; ita quod non sit potior conditio occupantis , procuratores nostros constituimus ad praedictam securitatem prosequendam & ordinationem praedicti sanctissimi patris super hoc audiendā , & acceptandam , & etiam ad faciendum super praemissis quod eisdem vel alteri eorum expedire videbitur in hac parte , dante 's eisdem & eorum alteri potestatem alium vel alios procuratores substituendi & revocandi eosdem ; ratum habituri quicquid per eosdem procuratores vel eorum alterum , altero absente seu per substitutos factum fuerit in praemissis : et hoc omnibus quorum interest significamus per has patentes literas sigillo nostro signatas . teste rege apud salop. . die septembris . rex omnibus , &c. salutem . noveritis quod nos dilectos nostros magistros rolland ▪ de lavann ▪ & bonetu●mm de sancto quintino clericum nostrimi constituimus & ordinamus procuratores nostros in romana curia ad impetrandum & contradicend ▪ literas simplices , & legendas , sive jus , sive quantamque gratiam continentes . ratum habitura quicquid iidem procuratores , seu alter eorum faciend ▪ duxerint super praemissis , & in quoscunque judices duxerint consentire . et hoc omnibus quorum interest ( significamus ) per has patentes literas sigillo nostro signatas . teste rege apud salop. domino papae rex salutem & obedientiam filialem . in causis seu negotiis quas vel quae contra g. de clare comitem glouc. & hertf. habeamus , vel habere intendim us in vestrae curia sanctitatis , dilectos nostros magistros rolland . de lavann . & bonetum de sancto quintino clericum nostrum vel alterum eorum procuratores nostros constituimus ad procedend . ●n praemissis causis seu negotiis prout eisdem vel alteri eorum expedire videbitur justitia mediante . ratum habituri quicquid per eosdem vel eorum alterum factum fuerit , ut superius est expressum . et hoc omnibus quorum interest significamus per has patentes literas sigillo nostro signatas . teste rege apud salop. . die septembris . the king to defend his rights in the french kings courts , as well against ecclesiastical as temporal persons , constituted proctors for that end by this patent . rex omnibus , &c. salutem . sciatis quod nos facimus , & ordinamus , & constituimus procuratores nostros , dilectos & fideles nostros imbertum guidonis & iterum de penriis , & quemlibet eorum in solidum , ita quod non sit potior conditio occupantis , in omnibus causis motis & movendis contra nos in curia sereniss●mi principis & consanguimei nostri charissimi regis francia illustris à vencrabili patre episcopo & capitulis amciens . ecclesiae , & à vice-comitissa lem. & quibuscunque aliis personis ecclesiasticis , & secularibus petragonicem . lemovic . & canturcens . civitar . & dioc. et in omnibus causis motis & movendis à nobis vel nostris procuratoribus nomine nostro in praedicta curia , contra praenominatas & quascunque alias personas ecclesiasticas & seculares , & in omnibus negotiis quae habemus & habituri sumus in praedicta curia expedire , dante 's eisdem procuratoribus nostris & cuilibet eorum insolidum speciale mandatum & liberam potestatem agendi , proponendi , defendendi excipiendi & requirendi curiam nostram de personis & rebus nobis subjectis , & de illis quarū cognitio ad nos spectat , jurandi de calumpnia , vel de veritate dicenda , & praestandi in animam nostram cujuslibet alterius generis juramentum compromittendi , et componendi procuratorem , seu procuratores alium seu alios in causis & negotiis supradictis , loco cui substituendi quotiens sibi vel cuilibet eorum placuerit & videbitur expedire . damus etiam & concedimus eisdem procuratoribus & eorum cuilibet speciale mandatum & liberam potestatem requirendi & recipiendi nomine nostro à domino rege franc. supradicto cambium competens de personis , terris & rebus aliis quas idem rex habet in lemovic . petragoric . & cantur . civit. & dioc. quas per literas suas vel praedecessorum suorum non potest extra manum suam ponere , & omnia alia faciend . quae faceremus nos vel facere possemus , si praesentes essemus , & quae facere possunt veri & legitimi procuratores . ratum & gratum habituri quicquid cum dictis procuratoribus vel eorum quolibet , & quicquid cum procuratore vel à procuratore substituto vel substitutis ab ipsis , vel eorum altero in omnibus & singulis causis & negotiis supradictis in instanti parlimento pentecostes & omnibus aliis diebus assignatis & assignandis in praedictis , circa vel coram domino rege praedicto , pro causis vel negotiis hujusmodi procuratum fuerit sive actum , & volentes relevare dictos procuratores & eorum quemlibet & procuratorem seu procuratores substitutum vel substitutos ab ipsis ab onere satisdandi promittimus sub ypotia rerum nostrarum si opus fuerit , quod absit , judicatum solvi . in cujus , &c. teste rege apud stratford . die maii. the king having approved the confirmation of a bishop in ireland , whereof he had received a certificate , issued this writ for the restitution of his temporalties . rex militibus , liberis hominibus & omnibus aliis tenentibus de episcopatu corliagens . salutem . cum venerabilis pater , j. portunes . & sanctae ruffine episcopus electionem nuper factam in ecclesia cathedrali corliagens . de fratre willo . monacho de joriponte in episcopum ejusdem loci confirmaverit , sicut per literas patentes ejusdem episcopi portunens . plenius accepimus , nos confirmationem illam acceptantes , temporalia episcopatus sui cum omnibus pertinentiis suis eidem episcopo reddidimus . et ideò vobis mandamus , quod eidem episcopo in omnibus quae ad praedictum episcopatum pertinent intendentes sitis & respondentes . in cujus rei testimonium , &c. teste rege apud kennill , die novembris . king henry upon the complaint of the archbishop of canterbury , of lands escheated belonging to the archbishop , granted by the king and prince to the constable of dover and others , during the troubles and wars , against the ancient rights and priviledges of that church ; issued this commission of inquiry to right the church , if found injured therein , upon the inquisition returned . rex dilectis & fidelibus suis g. de preston . & fulconi payforer , salutem . monstravit nobis venerabilis pater b. cant. archiepiscopus , quod cum ipse & praedecessores sui archiepiscopi ejusdem ecclesiae hujusmodi libertatibus , videlicet quod nullus sine ipsorum licentia & voluntate feoda sua ingredi , aut de eis intromittere posset hactenus sint gavisi , & ipsi annum , diem & vastum , & escaet . de terris forisfactis quae sunt de feodo suo retroactis temporibus habere & inde disponere consueverint , pro suae libito voluntatis matth , de bezill . const . castri dovor . quasdam terras & ten. in relin . johannes de rokely , quasdam terras & ten. in tilemanston , & plures alii quasdam alias terras & tenementa alibi quae sunt de feodo praedicti archiepiscopi , & quae ex donatione nostra habere clamant , de mandato nostro & edwardi primogeniti nostri , ut asserunt , sine licentia & voluntate ipsius archiepiscopi tempore turbationis habitae in regno nostro , sunt ingressi , & ea detinent ad ipsius archepiscopi non modicum dispendium & gravamen , & libertatis praedictae ecclesiae praejudicium manifestum . nos igitur inter caeteras ecclesias regni nostri praedictam ecclesiam in suis iuribus et libertatibns confovere volentes , & ei si in aliquo occasione praedicta laesa fuerit specialiter fubvenire ; assignamus vos ad inquirend . &c. in praemissis diligentius veritatem . et ideo vobis mandamus , &c. mandavimus enim vic. nostro kanc. &c. teste rege apud kenill . . die novemb the king issued these commissions for collecting the dismes granted him by the pope . rex magistro constantino de mildhal . archidiacono sutbir . salutem . cum venerabilis pater o. sancti adriani diaconus cardinalis apostolicae sedis legatus de assensu nostro vos assignaverit ad decimam nobis a sede apostolica concessam in diocesibus linc. london . norwic , elyen . & coventr . & lichfield . colligendam , prout in literis suis patentibus quas vobis transmittimus plenius continetur . vobis rogamus quatinus praedictae collectioni faciendae diligenter intendatis juxta traditam vobis formam , & prout nobis magis videritis expedire . in cujus , &c. teste rege apud clarendon . . die decembris . consimiles literae diriguntur episcopo lincolmensi in sua dioc. consimiles literae diriguntur custodi episcopatus london . in dioc. london . consimiles literae diriguntur episcopo norwic. in sua dioc. consimiles literae diriguntur episcopo elyensi in sua dioc. consimiles literae diriguntur episcopo coventr . & lich. in sua dioc. consimiles literae diriguntur archiepiscopo cantuariensi in sua dioc. consimiles literae diriguntur episcopo roff. in sua dioc. consimiles literae diriguntur custodibus episcopatus cycestr . in sua dioc. consimiles literae diriguntur custodi episcopatus winton . in sua dioc. consimiles literae diriguntur episcopo exon. in sua dioc. consimiles literae diriguntur episcopo bathon . & wellensi . in sua dioc. consimiles literae diriguntur episcopo wigorn. in sua dioc. consimiles literae diriguntur offic. episcopi hereford . in dioc. heref. rex dilecto clerico suo magistro waltero scamel arch. berk. salutem . cum venerabilis pater o. sancti adriani diaconus card. apostolicae sedis legatus , de assensu nostro vos assignaverit , ad decimam nobis a sede apostolica concessam in cant. roff. cycestr . wynton . sar. exon. bathon . & wellen. wygorn . & hereford . civitatibus & diocesibus colligendam , prout in literis suis patentibus quas vobis transmittimus plenius continetur , vobis mandamus rogantes quatinus collectioni praedictae faciend . diligenter intendatis juxta traditam vobis formam , & prout nobis ( or ad opus nostrum as some patents ) magis videritis expedire . in cujus , &c. teste rege apud clarendon . . die decembris . consimiles literae diriguntur episcopo sar. de dicta decima colligenda in dioc. sar. teste ut supra . the like letters issued episcopo menevensi , pat. h. . m. . intus , with this addition at the close , ita quod diligentiam vestram merito debeamus commendare . teste rege apud westm . . die maii. the kings proctors in the court of rome , borrowing . marks sterling mony , of forraign merchants , to expedite the kings affairs there , by his commission and the popes authority , obliged the king and his successors , and the kings dismes , obventions , granted him by the pope out of his lands and kingdoms , to pay the same by a certain day , with interest and damages , by this forme of obligation usually made in those dayes to the popes merchants , ( for monyes taken up by and for the pope ) who were ready to advance monyes upon such gainfull termes and grand penalties , upon good security . in nomine domini nostri jesu christi amen . anno nativitat is ejusdem . indictione prima , mense novembr . die quinto , pontificatus domini alex. papa quarti . anno tertio , in praesentia mei noclerii scrunagii ac testium subscriptorum ad haec specialiter vocatorum & rogatorum , venerabiles in christo patres domini randulfus archiepiscopus tarantas & wellen. bath . & laur. roff. epis . & magister nicholaus de plumpton . domini papae capellanus , archidiac . norff. nuncii & procuratores domini dei gratia regis angliae illustris , apud sedem apostolicā constitati , habentes a domino papa alex. . potestatem et mandatum mutuum contrahendi pro expediendis , negotiis dicti domini regis apud eandem sedem apostolicam promovendis et expediendis , usque ad summam quingentarum et quadraginta marcarum sterlingorum novorum , et obligandi decimam ecclesiasticorum proventuum regni angliae et aliarum terrarum suarum , ac quascunque alias obventiones eiusdem regi et regno et terris eisdem , pro sui voti prosecutione ab apostolica sede concessas , sicut in ipsius domini papae literis inde confectis plenius continetur . authoritate ipsarum literarum de consilio magistri rustandi ipsius domini regis consiliarii domini papae capellani , pro ipsius domini regis & regni siciliae , & defensionis civitatis aquiliae , negotiis confessi sunt & recognoverunt , se mutuo recepisse & habuisse à canaliante de lastala , jacobo tiberti , & bartho gindi , civibus & mercatoribus florent . & senens . mutuantibus & solventibus , tamprose quàm pro mamecto spina , rusichello cambii , carlino tiberti , jacobo dernazati , ildebrando aldebrandi , reinerii bonaccursii , aliisque eorum sociis & concivibus suis quingentas quadraginta marcas bonorum novorum & legalium sterlingorum , tresdecim solid . & quatuor sterlingis pro marca qualibet computatis . de quibus dicti procuratoris se benè quietos & pacatosvocant exceptioni non numeratae , non solutae sibi pecuniae omnino renunciando . quus praetaxatas quingentas & quadraginta marcas sterlingoram , ipsis vel uni eorum aut ipsorum nuncio , vel socio praesens publicum instrumentum deferenti & restituenti , cum literis domini papae de mutuo contrahendo summam praedictam continentibus , in festo pentecostes proximo futuro london . apud novum templum , per legitimam stipulationem , dicti procuratores dictum regem praedict pecuniam plene soluturum & redditur . quod si in dictis loco & termino praedicta pecunia ipsis mercatoribas , ut dictum est , non fuerit integrè persoluta , extunc in antea stipulatione praedicta promiserunt eis pro dampnorum expensarum & interesse recompensatione persolvere , per singulos duos menses , pro singulis decem marcis praedictis , * unam marcam ipsorum sterlingorum etexpensas unius mercatoris , cum uno equo , et uno serviente ubicunque fuerit , usque ad plenam totius dictae pecuniae solutionem , quam praedictam recompensationem damnorum et expens . et interesse antedictis mercatoribus promiserunt , in sortem dicti debiti nullatenus computare , ac non detinere memoratum debitum contra ipsorum mercatorum voluntatem sub praetextu recompensationis praedictae ultra terminum praelibatum . pro quibus omnibus et singulis supradictis firmiter observandis et plenarie adimplendis , dicti procur . praefatum dominum regem et successores suos , eisdem mercatoribus principales constituerunt debitores , et paratores , et * decimam ecclesiasticorum proventuum regni angliae et aliarum terrarum suarum , ac quascunque alias obventiones eisdem regiet regno , et terris eisdem ab apostolica sede concessas , specialiter obligando . renunciaverunt in praescriptis omnibus dicti procuratores ipsius domini regis nomine , omni juris et legum auxilio canonici et civilis , consuetudini , et statuto privilegio fori , et beneficio restitutionis in integrum , constitutioni de duobus dietis concilii generalis , omnibus apostolicis literis , indulgentiis , et aliis quibuscunque a sede apostolica impetratis , et etiam impetrand . et omni exceptioni , actioni , defensioni , ac rei quae objici posset contra hoc instrumentum vel factum . in hujus itaque rei testimonium , & evidentiam pleniorem praesens instrumentum dicti procuratores suis sigillis roborarunt . actum viterbii , coram hiis testibus , scilicet magistro anglis dicto priore , domini papae capellano . teste magistro rustando domini papae capellano . teste petro lamot . clerico , & micho nepote dicti domini prioris . signum ; ego nocclerus authoritate imperiali scruniarii praedictis omnibus interfui , & hoc instrumentum scripsi & complevi rogatus . the king granted this acquittance to the collector of the dismes for what he had payed into his wardrobe . rex omnibus , &c. salutem . sciatis quod dilectus nobis in christo prior sanctae frecheswid . oxon. nuper collector decimae nobis à sede apostolica concessae per praeceptum nostrum liberaverit in garderoba nostra petro de winton . custodi ejusdem garderobae apud wyndes per manum radulphi le botiler , clerici nostri die martis proxima post festum sanctae trinitatis , anno regni nostri quinquagesimo secundo , viginti & unam libr. arrearag . decimae in episcopatu praedicto collectae , de primo anno de illis tribus annis quibus dominus papa , de eadem decima gratiam nobis fecit , de qua quidem pecunia praedictum priorem penitus quietamus . in cujus rei , &c. teste rege apud westm. primo die junii . the king assigned some monyes borrowed by his son edmund , of the archbishop to fortify the castle of dover , to be satisfied out of the dismes of the archbishoprick of canterburry , by this patent . rex venerabili in christo patri b. eadem gratiâ cantuar. archiepisco totius angliae primati , salutem . cum dilectus nobis in christo prior de rocestr . n 〈◊〉 r penes vos manuceperit pro triginta & duabus libris duobus solidis , & novem denariis , quos edmundus filius noster charissimus à vobis mutuo cepit ad castrum nostrum dovor . inde muniend . vobis ad certum terminum reddendis . nos indempnitati vestrae & ipsius prioris in hac parte prospicere volentes , volumus & concedimus , quod praedictam pecuniam de decima temporalium archiepiscopatus vestri recipiatis , praedictum priorem occasione obligationis praedict . nullatenus molestantes . et ideo vobis mandamus quod praedictas triginta & duas libras duos solidos , & novem denarios , de dicta decima recipiatis in forma praedicta . et nos eandem pecuniam in decima temporalium praedictorum , vobis volumus & faciemus allocari . teste meipso apud westm. . die maii anno regni nostri . per r. de leyburne . the dean and chapter of sarum having compounded with the king , for all the dismes arising within the diocesse of sarum , for a l. a year fine , the king thereupon issued this patent wherein the agreement is expressed , and granted all the dismes levyed and to be levyed to be payd to them , with allowances in some cases , for such sums they would not levy . rex omnibus , &c. salutem . cum dominus radulphus cancellar . sar. & johannes rector ecclesiae de chalk ▪ procuratores decani & capituli sar. pro decima reddituum beneficiorum maneriorum , pensionum & quorumcunque aliorum proventuum ecclesiasticorum secundum veram estimationem reddituū , benesiciorum maneriorum & pensionum eorundem à domino papa per regnum angliae nobis concessa convenerint , ac promiserint dare & solvere nobis pro tempore gratiae hujusmodi tàm praeterito quam futuro , mille libras per annum pro dioc. sar. ita tamen quod id quod hactenus de decima ipsa solutum existit , vel aliter allocandum in quantitate praedicta eis allocetur . ac iidem procuratores pro dictis decano & capitulo & clero sar. dioc. de dicta quantitate nobis , prout conventum est , cum integritate solvenda dominos decanum & capitulum principales erga nos constituerint debitores . nos ut indemnitati eorundem decani & capituli plenè prospiciatur in hac parte , volumus & concedimus , quod executores ad decimam hujusmodi colligendam per dominum papam , dominum legatum , & nos deputati , per se , vel per alios decimam ipsam ab hiis à quibus solvenda fuerit , cum arreragiis praeteriti temporis secundum formam gratiae nobis exinde concessae levari & eisdem decano & capitulo , cum integritate persolvi faciant . ab hiis vero qui certam pecuniae summam nomine decimae hujusmodi dare jam convenerunt , pecuniam sic conventam eisdem decano & capitulo , tam pro tempore praeterito , ubi adhuc aretro est , quàm futuro solvi faciemus , & quod jam solutum est allocari . et si aliquis vel aliqui italici curiales , vel alii quicunque in solutione decimae hujusmodi contradictores extiterint et rebelles , qui per ipsos executores compesci nequeant ; nos per vicecomites et ballivos nostros ad requisitionem seu denunciationem decani et capituli praedictorum ipsos ad hoc distringi faciemus et compelli . et si nec fortè eo modo pecunia levari poterit , aut fortè nos aliquibus personis qui ad dictam decimam teneantur remittendo seu componendo gratiam fecerimus , de eadem hoc pro rata personas hujusmodi contingente dictis decano & capitulo allocabimus in solutione sua supradicta . ita quod tantundem subtrahatur de quantitate supradicta . done a woodstock le sezime jur de july le ann. &c. the king made almost the like composition with the dean and chapter , abbots and others of the diocesse of bath and wells , for . markes fine and l. s. ob . each year for their own intire dismes , except two bishops , as this patent informes us . rex omnibus , &c. salutem . sciatis nos concessisse decano & capitulo wellen. abbatibus , prioribus & toti caetero clero episcopatus bathon . & wellen. pro quingentis marcis semel solvendis , quas nobiscum componendo , ob hoc se dare promiserunt , quod ipsi pro gratia decimae reddituum maneriorum , beneficiorum , pensionum eorundem nobis per dominum papam clementem quartum , omnium secundum veram aestimationem concessae ▪ quieti sunt , pro trecentis quinquaginta libris quatuor solidis , & ob ▪ per annum durante gratiâ praedictâ , nec quicquam amplius ab ipsis exigemus occasione dictae decimae in toto episcopatu praedicto , praeterquam duntaxat de maneriis & proventibus , quae habent venerabiles patres winton . eathon . & wellen. episcopi in episcopatu memorato . allocabimus etiam illud quod jam solutum est seu alias allocandum in praedicta quantitate decimae . ad haec volumus & concedimus , quod executores ad decimam colligendam per dominum papam , dominum legatum & nos deputati , per se , vel per alios decimam ipsorum â quibus solvendum fuerit , cum arreragiis praeteriti temporis , cum integritate levari faciant , usque ad praedictam summam annuam trecentarum quinquaginta librarum quatuor solidorum & oboli & non ultra , nisi sortè aliqui fuerint ita rebelles , quod dictae compositioni quingentarum marcarum contribuere noluerint , tunc eos volumus ad decimam secundum veram estimationem omnino compelli , & quod superest in auxilium dictae compositionis dictis decano capitulo & clero assignari . et si aliqui curiales , vel ytalici , vel alii quicunque in solutione decimae hujusmodi contradictores extiterint & rebelles , qui per ipsos executores ad solutionem compesci nequeant , nos per vic. & ballivos nostros ad requisitionem dictorum executorum , ipsos ad hoc distringi faciemus & compelli . et si nec fortè eo modo pecunia ipsa levari poterit , aut dictus dominus legatus nuper in anglia aut nos eis , qui ad dictam decimam tenentur remittendo seu componendo , aut aliis gratiam fecerimus ; de eadem hoc pro rata personas hujusmodi contingente in dicta annua quantitate allocabimus ; ita quod tantundem subtrahatur de praedicta quantitate . nos etiam eisdem decano & capitulo omnem compulsionem & commissionem , quam à nobis vel ab executoribus nobis super hoc datis habere voluerint , contra nolentes contribuere ad dictam compositionem quingentarum marcarum fieri faciemus . in cujus rei testimonium has literas nostras fieri fecimus patentes . teste meipso apud west monasterium . die octobris anno regni nostri . the king not contented to procure an ayde for himself from the pope , endeavored to obtain another for his brother king of almain , toward the satisfying of his debts , as this record amongst other things attests . rex regi aleman . salutem . benè recolimus qualiter vobis dudum concessimus providere in mille marc. terrae de wardis nostris , cum eas in regno nostro accidere contigerit , & in partem satisfactionis concessionis praedictae , vobis dedimus custodiam terrarum & haeredum rogeri de mubray . etiam quod vobis promisimus assignare duo millia marcarum terrae de terris exhaeredatorum , per quod vobis tradidimus terras & tenementa adae de novo mercato , & quorundam aliorum in partem assignationis ejusdem . et insuper , quod londonienses ad pacem nostram recepimus sine vobis & consilio vestro contra promissionem nostram vobis inde plenius factam , super quo fatemur nos minus benè feciss , et quod erga summum pontificem super auxilio vobis praestando prout inter nos et vos secretius erat prolocutum , salvis sententia et interdicto viriliter interponemus partes nostras . et quia super hiis & aliis quae commodum & honorem vestrum contingunt acquiescere volumus , ut tenemur , vobis mandamus in fide & dilectione quibus nobis tenemini firmiter injungentes , quod in instanti festo nat. dominicae sitis ad nos apud winton . nobiscum super praemissis locutur . & idem festum nobiscum celebratur . nos enim vobis tunc omnia praemissa compleri faciemus pro vestrae libito voluntatis , & rotulos nostros in quibus concessiones nostrae praedictae continentur , & qui sunt apud novum templum london . inquiri & ad nos veniri faciemus , prout negotium requirit antedictum , & commodo vestro citius & melius noverimus convenire . et hoc sicut nos & honorem nostrum & vestrum diligitis , & sicut de vobis prae caeteris viventibus confidimus nullo modo omittatis . teste rege apud merleberg . . die novembris . the king having erected a chauntery in his hospital of basingstok for decayed priests , within his own demesne , and commanded masse to be sung there by virtue of his royal prerogative , belonging to his predecessors kings of england , ever since the first planting of christian religion , and cardinal ottobons authority too ; issued this prohibition to the official of the bishop of winchester and others , not to disturb , question or hinder the guardians or bretheren of the hospital concerning this chauntry , against his said antien royal priviledge . rex magistro n. de rotland offic. winton . salutem ▪ cum ex privilegio regibus angliae praedecessoribus nostris et nobis in ipsis * a prima institutione christianae religionis concesso , liberae semper cantariae in singulis domibus nostris et nostrae fundationis , et maxime in propriis dominicis nostris hactenus habitae sint et obtentae ; ac nos in hospitali nostro de basingstok , quod in proprio dominico nostro ad sustentationem ministrorum altaris christi ad imbecilitatem vergentium fundavimus , authoritate nichilominus venerabilis patris o. sancti adriani diaconi cardinalis interveniente , divina prout convenit , fecerimus et mandaverimus celebrari ; dilectionem vestram rogamus , ne custodibus vel fratribus hospitalis praedicti super eorum cantaria praedicta molestiam aut impedimentum inferatis vel procuretis inferri . vobis insuper prohibemus , ne sicut honorem nostrum et coronae nostrae conservare tenemini , ipsos contra privilegium nostrum praedictum in placitum inde trahere praesumatis . teste rege apud wodestok . die julii . consimilis litera dirigitur priori de seleburne hoc adjecto , et ne insuper hiis , quae ex gratia nostra tenetis et habetis , vos ingratos reputare debeamus . consimilis litera dirigitur vicario de basingestocke . the king out of his extraordinary grace , granted the profits of the temporalties of the bishoprick of worcester , of antient right belonging to him during the vacancy , to godfry gifford his chancellor bishop elect thereof , towards the repair of the houses and edifices of the bishoprick fallen to decay . rex omnibus , &c. salutem . licet ad nos de antiqua et approbata consuetudine regni nostri custodia episcopatuum vacantium et fructus de eisdem vacationis tempore provenientes pertinere noscantur , pensantes tamen merita probitatis discreti viri magistri godefridi giffardo , cancellarii nostri ad wygorn . ecclesiam electi , qui per continuum suae familiaritatis obsequium quasi à pueritia , gratum se nobis semper exhibere studuit & devotum ; attendentes insuper quod domus & aedificia dicti episcopatus per negligentem praelatorum praeteriti temporis custodiam dirutae sunt non mediocriter & consumptae , ita quod magna reparatione & sumptuosa refectione indigent in praesenti , ad quae idem electus , qui nostris insistendo obsequiis , gravibus se ipsum sumptibus & expensis propter maliciam temporis exinanivit hiis diebus , non sufficeret fructus praedicti episcopatus quos in proprios usus convertere , aut aliter sicut placeret disponere potuimus de eisdem , eidem electo donamus & concedimus , de gratia nostra speciali . in cujus , &c. teste rege apud wyndes . . die junii anno regni nostri . the archbishop of * cassal in ireland , having through ignorance , not fraud , malice or contempt of the king , confirmed some elections of bishops made in his province , before the election presented to and confirmed by the king , did by his special patent under his seal , acknowledge this his error ( to avoyd a heavy fine and consure ) and oblige both himself and his successors for all time to come , to confirm no bishops election , till first certifyed to and confirmed by the king , and promised to do his endeavour that his chapter should make the like acknowledgment , thus entred on record for preservation of the kings right and prerogative . an excellent president for all bishops guilty of the like or greater incroachments upon the kings crown , dignity and prerogative , to make the like submissions and acknowledgements upon record , for the kings honor and prevention of future encroachments , upon his ecclesiastical jurisdiction and regal authority . universis praesentes literas visuris vel audituris david permissione divina archiepiscopus cassalen . salutem in domino . cum nos electiones de quibusdam in nostra provincia cassalen . factas , non in contemptum regiae dignitatis sed sine fraude et malitia confirmaremus , ignorantes ipsas electiones prius esse domino nostro h. illustri angliae praesentandas , quam ipsis electis munus confirmationis impenderemus ; idcirco nos propter ignorantiam iuris regii , gratiam ipsius regis in hac parte assecuti , tenore praesentium , pro nobis et successoribus nostris obligamus et bona fide promittimus , quod nullum de caetero de nostra provincia electum authoritate nostra confirmabimus , antequam licentia eligendi a domino rege , prout moris est , fuerit petita , ac etiam ipsa electio eidem domino regi fuerit praesentata . ad hoc etiam apponemus diligentiam quam cito post reditum nostrum commode intendere poterimus , quod litera capituli nostri super eodem conficiatur , et cui rex placuerit tribuatur . in cujus rei testimonium sigillum nostrum praesentibus duximus apponendum . dat. apud winton . die novembris . anno regni regis nostri henrici tertii . the cardinal of praxedis in rome , having obtained by colour of a provision an annuity of . marks by the year from the archbishop of york , till he should be promoted to a prebendary of l . a year in that church , and a controversie arrising thereupon ▪ othobon the popes legat making an award , that the cardinal during his life should receive an annuity of . mark each year out of the prebendary of newband , and . marks out of the prebendary of wetewang , and that these prebendaries should be therewith charged into whose hands soever they came ; the king by his patent confirmed this award , so that if the prebendaries by any avoydance should be in his or his heirs disposal , they should yet be charged with these annuities . rex venerabili patri archiepiscopo eboracensi & capitulo salutem . cum dominus ancherus titulo sanctae praxedis sanctae romanae ecclesiae presbyter cardinalis , peteret à domino archiepiscopo ebor. octoginta marc. annuas donec esset ei provisum in ecclesia ebor. de prebend . centum libr. ratione prebend ▪ de wetewade eidem cardinali per summum pontificem assignatae & per bonae memoriae godefridum , quondam eborac . arch. th. de ludeham fratri suo collocatae , & nihilominus praebenda quae consistat in ecclesia de ●●eband . à domino cancellar . eborac . vendicaret . tandem de consilio venerabilis patris domini o. sancti adriani , diaconi cardinalis apostolicae sedis in angliae tunc legati , de voluntate & consensu dicti domini cardinalis , pro bono pacis inter ipsum dominum archiepiscopum & cancellarium , memorat alis mota perpetuò concorditer conquievit . ita quod praebenda de newband . ad cujuscunque manus pervenerit , in praestatione annua quadraginta marcarum maneat onerata ; et praebenda de wetewang , in praestatione sexaginta marcarum ad quemcunque pervenerit , oneratu● praefato domino cardinali quamdiu virerit solvend . et omni dicti ▪ card. petitione et vendicatione et per hoc omnis litis materia perpetuo sopiatur . nos igitur pro nobis et haeredibus nostris concedimus , quosi supradictarum praebendarum vel alterius earum collatio ad nos vel haeredes nostros , per vacationem sedis vel alio modo aliquo tempore devolvatur , in nullum nisi cum praedicto onere transferantur vel transferatur , sed liceat praedicto capitulo praebendas vel praebendam in suis manibus re tinere donec a substituendis canonicis vel substituendo canonico de dictis praestationibus statutis terminis solvendis eidem capitulo idoneo caveatur . pro quibus praestationibus praedictum capitulum se praedicto cardinali ad instantiam domini arch. obligavit . in quorum omnium robur & testimonium has literas fieri fecimus patentes . teste meipso apud eboracum . die septembris . anno regni nostri , quinquagesimo secundo . anno . . kal. maii. othobonus legatus , with the kings consent , apud sanctum paulum londini , magnum concilium celebravit , praesentibus vniversis praeiatis angliae , scotiae & hiberniae , in eadem , as matthew westminster and others relate . in which council he thus complaines of the general corruption of our church and realm in that age , there held by his legatine authority , making and publishing sundry constitutions therein for the regulation of the clergy and churches of england , scotland and ireland , quae inter jura hujus regni ecclesiastica etiamnum observantur , writes matthew parker , which i finde published at large by * johannis de aton , with his glosses on them . they are prefaced with an elegant prologue , wherein the legate complaines , sanè si antiqua , & remota pestis hujusmodi exterminia dolenda suscepimus amarius flendo modernum vulnus incumbens , quod non modo auribus , sed etiam oculis & manibus se palam exhibet estimamus , eo quod temporibus hujusmodi diei mali , quantum à primis longanimitate discedant , tanto duriori cervice in profundiora malorum contemptu damnabiliori descendunt , dum juris semita directa divertitur in obliquum : cedit potentiae veritas , justitiam favor expellit , et dum omnes quae sua sibi videntur exposcunt , quae christi sunt , quae animarum profectibus consulunt , quae ecclesiarum decus erigunt , non solum in negligentiae nebulis , sed etiam in dispectus et ignorantiae latebris tenebrosis abscondunt . and then subjoynes nos igitur ad regnum inclitum , quod diebus prorimis , a gloriae suae culmine in ohtensionem utriusque potestatis exciderat ; necnon ad scotiae , hiberniae et walliae partes , de gremio sanctae matris ecclesiae commisso nobis in ipsos plenae legationis officio destinati , plantandi et evellendi , atque edificandi sollicitudinem de manu sanctissimi patris domini clementis in ipsius vniversalis ecclesiae summi . pontisicis ; non ex affectu propriae voluntatis , sed pro debitae obedientiae bono suscepto , ut nostrum ( juxta doctrinam apostoli ) ministerium impleamus ; cum sacrorum canonum instituta , quorum imitationem principum quoque secularium leges assumunt ; constitutiones quoque bonae memoriae otobonis portuensis episcopi , tune sancti nichei in carcere tulliano diaconi cardinalis , in regnis angliae & scotiae , apostolicae sedis legati ; necnon provincialium conciliorum provisiones , mores & actus fidelium subditorum salubriter informantes , quod harum aliqua ● nonnullis invenimus observari , dignum duximus praesenti sacro approbante concilio ad omnem sanctam et dei placitam observationem certas constitutiones facere ; atque jam promulgatis , certa quaedam capitula , necnon poenas adjicere , quae auctore deo profectum valeant inducere salutarem . i shall recite only the prologues and contents of some few of these constitutions , discovering the grosse symony , covetousenesse , pride , pluralities , commendaes , nonresidence and other abuses of the clergy in that age , principally occasioned by the symony , covetousenesse , provisions dispensations of popes themselves and their instruments against all laws and canons , and worthy our consideration , to reforme the like abuses . ne pro sacramentis ecclesiasticis aliquid exigatur . quoniam caeca cupiditas ita ruit in praeceps , ut operum terrenorum quaestu minimè contenta , pro sacramentis etiam divinis , quae aestimationem non capiunt , precium profana venalitate suscipiat , praefatus legatus contra hoc statuit & praecepit , oleum sanctificatum & chrisma à ministris ecclesiae purè atque devotè ( qualibet exclusa cupiditatis lab● ) conferri , nulla difficultate in eis exhibendis adhibita praetextu alicujus consuetudinis quae dicatur ab eis qui ea recipiunt aliqua quibuslibet persolvenda , &c. de cleric is arma portantibus , and de habitu clericorum ; he relates their abuses in both these at large . * de residentia archiepiscoporum et episcoporum , re● cites and defines , pastor bonus cognoseens gregem suum , debet ipsum et mentis et corporis oculis jugiter intueri , ne ipsum insidiosus lupus invadat , sicut hostis persequendo invigilat : sic prelatus resistat continue defendendo . oportet igitur ut corporali presentia ipsum tueatur sollicite ; quia vadens pastor et veniens saepe non invenit quod reliquit , eo quod illue adversarius non residens nec recedens , neque dormiens asportavit . sane licet episcopi ad personalem residentiam cur● gregis domini sibi commissi tam divinis quam ecclesiasticis praeceptis noscantur astricti , quia tamen in partibus nostrae legationis nonulli sunt qui hoc attendere non videntur , no● igitur praedicti legati monitionem & exhortationem super hoc ad archiepiscopos & episcopos providenter emissam , aemulationis condignae studio subsequentes ipsos hortamur in domino , & in virtute sanctae obedientiae , atque sub divini attestatione judicii monemus , ut ad commissi gregis curam , et ad dispensatarum sibi ecclesiarum solatium , praecipue diebus solemnibus quadragessimalibus et advehtus , pr●sentiam suam debitam exhibeant , &c. * de appropriationibus ecclesiarum , discovers their mischifes and inconveniences . de delegationibus causarum , intimates that a judicial power intrusted in and appropriated to a particular person by divine or humane lawes , cannot be delegated by him to another person of inferior quality . de juramento advocatorum , shewes their corruption in that age . the constitution , n● clerici jurisdictionem secularem exerceant ( which they and this legate himself then did , and others since ) is worthy our present consideration . cum honestatis , & ecclesiasticae speciale decus existat à carnalibus longè fieri actibus , nec secularibus negotiis ministrare manus deputatas caelestibus ministeriis , grave ac sordidum reputamus , quod clerici quidam terrena lucra et temporales jurisdictiones faeda petulantia et avida voracitate sectantes , jurisdictionem recipiunt a laicis secularem , ut * justiciarii nuncupentur , et ministri fiant justiciae , quam non possunt sine canonicae dispositionis et cleriealis ordinis injuria ministrare . nos igitur horrendum hoe vitium extirpare volentes , universis ecclesiarum rectoribus et perpetuis vicariis ; imo quibuscunque in sacerdotio constitutis districtius inhibemus , ne . jurisdictionem secularem a persona seculari suscipiant , vel ipsam exercere praesumant ; qui autem eam susceperint ipsam etiam infra duos menses omnino dimittant , eam de caetero nullatenus resumpturi . quia verò apud malevolas animas inhibitio nou valeret , msi contra hu jusmodi delinquentes paenalis ultio subsequatur ; decrevimus , ut quisquis contra praedicta venire tentaverit , ipso facto ab officio & beneficio sit suspensus ; ad quae si temere sic suspensus se ingesserit , ultionem canonicam non evadet . hu jusmodi verò ultio per diocesanum ejus qui contra ista fecerit donec emendaverit , ipsius diocesan● arbitrio , et juramentum praestiterit , quod de caetero similia non committet , nullatenus relaxetur , salvis domini regis privilegiis in hac parte , whose clerks were then most guilty in this kind . after which follows another constitution of the same nature , * ne clerici advocati sint in causis secularibus , nec judices , nec assesso●●● , under pain of suspension , ipso facto till reformation . tit. de concubinarns informes us , that cler●c●●n sacris ordinibus constituti , in domibus suis vel alienis detinent publicè concubinas , such was the fruit of their vowed virgirit● and restraint from mariage . de residen●a vic●riorum relates and provides against the generall nonre●●dence of parsons , and vicars , resolving that he qui curam obtinet animarum●●t qui clavem ges●at extra mansione●● vagari non debet , & paratus sit in statione continua vocantibus ▪ & non vocantes suis exhortationibus quasi pastor sollicitus ad se trahat , ( which i wish might be well considered by all who have care of soules . ) * ne praelati fructus ecclesiarum vacantium percipiant followes , whereby bishops robbed and spoiled the churches they were obliged paterno consolari affectu , viduatis rectoribus propriis , duplici desolatione confectae . de procuratoribus quaeratione visitationis debentur non accipiendis , &c. ( is worthy perusal , to reforme the extorsions of this kind in that and succeeding ages . ) and ne pecunia recipiatur à subditis pro crimine vel delicto notario . the decretal * de forma citationis rec●tes , ita mortalium saeva cupiditas suum in seipsos reflectit ardorem , ut quicquid sibi possit attrahere non desistat , non timens divinam offensam vel proximi laesionem . quod litigiorum anfractus & procellae causarum manifestè declarant , in quibus seipsum solum respiciens litigator sic errat in via justitiae , ut aequum & justum aestimet quicquid adversario noceat , & jure vel injuria sibi prosit sanè quum in citationis articulo fraudem praecipuè fieri est compertum , praedictus legatus otho statuit , ut per impetrantes vel eorum nuncios in causis regni angliae , contatoriae literae non mittantur , sed judex moderatis sumptibus impetratis per suam fidelem manum eas mitta● , qui vocandum diligenter perquirat , quem si invenire non poterit , die dominico vel alio sollemni , apud ecclesiam loci istius in quo degere consuevit , dum missa càntatur , literas legi faciat & exponi ; vel saltem ad decanum in cujus decanatu moratur , qui vocandus existit , citatio dirigatur , qui à judice jussus finaliter exequatur , per se vel per certos nuncios & fideles , quodque inde fecerit eidem scribere non omittat . nos autem ut circa citationis articulum cautius procedatur , & totius discriminis materia ( quantum in nobis est ) penitus auferatur ; constitutioni dicti legati adjiciendo statuimus , ut quum judex contra quemlibet absentem emittit citationis edictum , citationem faciendam decano loci vel alicui certae personae demandet . is vero cui demandata fuerit cum eam fideliter fuerit executus secundum statuti formam , se citasse rescribat , alioquin citationi quaealiter facta appareat fides nulla adhibeatur , cum nec secundum eam contra eum qui citatus dicitur , ad paenam aliquam procedatur . which if duly observed , would rectifie many grievances by apparitors undue citations since revived . the decretal de institutionibus seu collationibus , thus notably discovers the illegality , mischief of pluralities , and avarice of clergymen , which i wish all pluralists would seriously consider . christianae religionis veritas ita plerosque in suorum cordium elatione reliquit , ut cum animae suae curae vix unusquisque sufficiat , ipsi se mendaci statera pensantes non solum unius beneficii , sed multorum intrepidè curam suscipiunt , in quo quum non resident , nec ad sacros ordines se faciunt promoveri , quos ipsius cura beneficii , requirit , sedetiam multas & innumeras curas sibi congregant impudenter , & per vanitates & falsas insanias ambulantes , miseras animas quas curandas acceperunt necessariò negligunt , nec onus tale implere ipsi facti impossibilitati possunt . sanè hos carni contra spiritum & adversus deum & proximum assistentes , & quasi de industria recedentes adeo dum seipsos in manus diaboli manlfestè praecipitant , animas christo auferunt , & pauperum eleemosynas in usus superfluos ( ne dicamus in malos ) nephanda perversitate convertunt , è tantis erutae periculis sanctorum patrum romanorum pontificum , & caeterorū super his authoritatē gerentiū constitutiones tàm ab antiquis retrò temporibus quàm modernis multiplici sollicitudine laboraverunt . quorū labor & si meritorius fuerit his qui vineam domini fideli exercito coluerunt , quibus virtus fuit etiam malè viventibus materiam ministrare virtutis , multis tamen in hos prophanae cupiditatis ardore crescentibus , hujus laboris profectū invenimus defuisse , quipraeter clavē dispensationis apostolicae sedis pluralitatē ecclesiasticorū beneficiorū animarū curam habentium , non solum de manu praelatorum malè suscipere , verum etiam propria authoritate violentaque manu damnabiliter occupare praesumunt , & temere per excogitatas malicias & subterfugia detinere . ex his autem dicere non sufficimus * quanta mala proveniunt ecclesiae ; namque maculatur honestas , adnullatur authoritas , fives christi prosternitur , charitas exulat , spes pauperum deperit ; quod intrat omne beneficium vacaturum , quod suum non est miser peccator et caecus , rectorem se jactans , non tam recipit quam futatur . inter ipsos quoque divites contentiones , et scandala oriuntur , lites et odia confoventur , digne etiam super hujusmodi regnorum homines divinae indignationisexarsisse ignem , et propter aliquorum delicta in omnes misisse formidinem sive vindictam ex hoc praecipue formidamus , et dum nihil aliud ita periculis plenum conspicimus , talia vel graviora etiam pertimescimus in futurum , nisi dei misericordia nos respiciens correctionis remedium apponat salutare . volentes igitur & contra hunc morbum pestiferum & vix curabilem quàm possumus officii nostri diligentiam adhibere , & totum quantum in nobis est virtute curare ; praedicti quoque legati constitutionem super his editam ipsius inhaerendo vestigiis , adjuvantes adjiciendo praecipimus , ut de praeteritis ante hanc nostram constitutionem beneficiorum cum cura pluralitatem , nec non contra illos qui prout debent in beneficiis suis nec resident , nec ordinem sacrum suscipiunt quem beneficii ipsius cura requirit , de commissis praelati sine ulla dissimulatione diligenter inquirant , & in illis faciant statutum generalis concilii fideliter observari . archiepiscopi etiam diligenter & efficaciter super praemissis inquirant in provincialibus conciliis suis , & negligentes corrigant ut tenentur . in posterum autem cum ad beficium curam habens animarum quemque praesentari aut ipsius collationem aliàs fieri contigerit , statuimus , ut praelatus qui circa id suum gerit officium , prius de vita & conversatione praesentati vel instituendi , ac de aliis quae jura praecipiunt inquisitione praemissa , hoc quoque diligenter discutiat & inquirat , utrum habeat praesentatus vel instituendus hujusmodi , personatus vel beneficia alia curam animarum habentia , & si quidem habeat , an illa cum dispensatione an sine illa tenuerit ? quam si se habere asserit illam intra terminum â praelato statuendum post as●ertionem hujusmodi ipsi praelato exhibere proeuret , alioquin ex tunc nullatenus admittatur . quod si institutus fuerit ; nulla institutio sit ipso jure ; dispensatione vero exhibita ipse praelatus providè consideret , an ex dispensationis ipsius aliud vel alia cum jam habitis valeat obtinere ? quod si eum plura beneficia curata sine dispensatione habere vel habuisse compererit , ipsum ad idem conservans si exhibita dispensatio non ad futura sed tantum ad praeterita se extendit , nisi prius in hoc casu instituendus ipse praestet corporaliter juramentum , quod habita possessione in beneficio in quo instituitur , statim alia beneficia quae prius habuit sine difficultate dimittens , de illis per se vel per alium extunc nullatenus se intromittat ; quod si facere praesumpserit , praeter notam perjurii quam incurrit , habitis et habendis ipso jure noverit se privatum . postquàm autem secundum ea quae diximus , quisquam fuerit institutus , illico praelatis in regno eodem constitutis in quorum diocesi consistunt , priora beneficia quae habebat , necnon patronis ipsorum quod gestum est ( si commode poterit ) denunciet institutorum , ut de beneficiis ipsis quae ad ipsos spectare videntur disponant , & nihilominus nomina beneficiorum ipsorum conscribens , tunc in proximo provinciali concilio ea denunciet , in quo videatur qualiter sit de ipsis beneficiis ordinatum , & ut appareat utrum sic institutus verum dixerit qui prius dixit se alia beneficia non habere . quod si praelatus instituens secus egerit , institutionem factam revocet infra mensem , alioquin à collatione & institutione ad ipsum in quibusunque beneficiis spectantibus quousque revocaverit sit suspensus , jus conferendi ad proximum superiorem devolvendo . quod si de hiis nihilominus intromiserit , etiam ab ingressu ecclesiarum sit suspensus . cum eum qui a se reprobatum crimen incurrit meritò culpa redarguit , & in quo alium indicat se ipsum condemnat , dum in * eodem ipse reprobus invenitur , hanc fugiendam , apostolo dicente , labem in praelatis ecclesiae detestantes , firmiter inhibemus , ne praelatus qui praesentatum sibi ad vacantem ecclesiam ob defectum sacrorum ordinum recusat admittere , alii eandem ecclefiam conferre qui defectum hujusmodi patiatur , ne sic potius videatur acceptasse personam quàm justitiam dilexisse ; quod si fecerit , ejus collatio vel institutio ipso facto sit invalida , & nullius momenti penitus censeatur . the decretall de commendis ecclesiarum , a great grievance , innovation then newly introduced by popes and practised afterwards , notwithstanding this decree , is worthy speciall observation . miserabilis humanae dignicatis cas●● ita c●●●●pisentiae ●r●n● laxavit , ut recuss● acumine rationis & contra mala stat●ia irrationabilitatis jurgia commin●t● ; n●eh●● putetur iniquum quod in inexplebilia va●a cupiditatis videatu● in●●u●●● , nichil inhonestum quo avaritiae non paretur cibus , esuriem non imminuens sed augmentans haec si animos simplicium obsident , dolendum est in uno genere hominum qui laici idcirco dicuntur , cum popularibus sunt ; * ministris derelicti , sed in illis in quibus dominus pars est eorundem haereditatis , qui haereditatis suae restitutionem sibi debent a domino praestolari , qui * ducatu suo regere alios et gubernare tenentur , haec tanto amarius et acerbius flendo conspicimus , quanto iniquius committuntur in illis et periculosius tolerantur . sanè inter adinventiones eorum qui fraudes contra suas animas moliuntur , hanc maxime comperimus divini et humani juris praesidia confundentes , quod cum una ecclesia unius debet esse rectoris , sicut et ratio dictat , et multiplicis juris statuta declarant , quidam tamen rationis expertes vel juris regulas contemnentes , dum ad plurium ecclesiarum occupationem velamen aliud non habentes , quoquo modo ditari festinent , vacantes ecclesias sibi commendari procurant , amplectentes juris verba non sensum , quod aliquando permittit unam habere ecclesiam intitulatam et aliam commendatam . et cum juxta sanum intellectum propter necessitatem , vel utilitatem vacantis ecclesiae jus commendationis , non tam praeceptoriè quàm permissivè fuerit introductum , * ipsi ad cupiditatis suae lucrum omnia convertentes , in ipsarum ecclesiarum dissipationem , non solum unam , sed plures recipiunt commendatas . inter multa vero pericula quae ex hac pestifera sactione proveniunt , advertimus ecclesiasticarum rerum dispendia , spiritualium negligentiam et contempttum certum inseri , dum miseri cupientes casu in malum suum quae aliena esse debuerant congregantes , aut in proprios luxus et pompas superbiae profundeutes , quae sunt ad pauperum eleemosynam constituta . haec autem pro mole peccati furta , rapinas & filii in conspectu patris victimationem excedere , divini juris testimonio comprobantur . nec praeterit divinum intuitum caecitas concedentis , qui cum ecclesiae prospicere debet personam hominis accipit ; cui non tam curandam ovem committit , quam miserabiliter devorandam . quia igitur nec timorem divini judicii , nec sacrorum canonum intentionem ad coertionem talium sufficere vel proficere nunc usque videntur ; nos & animarum saluti & ecclesiarum statui ut indemnitati , cura qua possumus , ex officii nostri debito proficere capientes , universas ecclesiarum commendationes hactenus quibuscunque factas ( nisi ex evidenti utilitate unius tantum ecclesiae commendatio facta sit ) penitus revocamus , et ipsas ex nunc vacare decernimus ; eis ad quos ipsorum collatio , vel ad eas praesentatio spectat districte mandantes , ut infra duos menses post praesentis constitutionis nostrae publicationem conferant seu praesentent , alioquin ipsarum collatio ad * sedem apostolicam devolvatur . in posterum autem prohibemus ecclesiam quamlibet commendari , nisi justa causa vel legitima id exposcat . et ut omnibus versutiis , adinventionibus & fallaciis occurr●mus , statuimus ne cuique ultra unum cum cura animorum beneficium obtinenti ecclesia commendatur , neque plures ecclesi● alicui personae va●eant commendari . quod si contra ea quae salubriter hac nostra provisione statuta sunt , ecclesiae commendationem ● quoquam & cuiquam in locis nostrae legationis fieri contigerit , ipsa , et quicquid ex ea secutum fuerit ipso jure decernimus non valere . episcopus vero qui commendationem contra praemissa fecerit , donec ipsam revocaverit , ipso facto a collatione seu praesentatione beneficiorum quorumlibet sit suspensus . de his qui tempore electionis dimittunt beneficia , & postea reassumunt eadem . si se eligi non contingat ; thus discovers the ambition , avarice , fraud of clergy men in that age . ambitionis vitium in ardore sitis exaestuans , dum nec mariae optimam partem amplectitur , nec ad marthae ministerium in frequentia profectus aspirat , sed per dominandi libidinem ad omnem cum ducentem tramitem detorquetur , abjecto rationis intuitu , fas & nefas improba temeritate permiscet . sanè illud evenire interdum didicimus , ut quum vacante sede quam quis ascendere concupiscit , ipse metuens ▪ se obtentorum beneficiorum pluralitate in suo desiderio posse deficere , ipsa beneficia resignat , immo penes cum ad cujus collationem spectant , detestabili quadam pactione deponi● , ut si eligi eum non contingat , eadem beneficia quasi deposita postmodum reassumat . contra hoc igitur tam abominabile colludium , & sanctum & deo placens obstaculum opponentes districtius , inhibemus , ne cuiquam de caetero sua beneficia taliter resignanti eadem restituantur , nec quasi de novo aliquatenus concedantur ; sed tanquam vacantia de perfonis aliis canonicè ordinentur . quod si hujusmodi resignanti beneficia ; ipsa vel aliqua ex eis fuerint reddita vel concessa , redditionem vel concessionem in eum factam invalidam decernimus & inanem . qui verò taliter in suis manibus resignata postmodum scienter contra sic praemissa contulerint , aut ipsum resignantem instituerint in eisdem , si quidem episcopus fuerit , à dalmaticae & pontificalium indumentorum usu , alius verò praelatus inferior ab officio sit suspensus , donecillud duxerint revocandum . his constitution , de confirmatione episcoporum , is observable . pastoralis sedis eminentia multis indigens gratiae divinae muneribus , ut pastor in se mundus ambulet cor● deo in meritum , & in conspectum populi ad doctrinam , inter alia quae de pontificum electione , sancri canones providerunt , idem praecipuum sibi vendicat locum ; ut talis ad eam persona conscendat , quae nullis ( quantum humanitus possibile est ) sit maculis denigrata . quorundum igitur ignorantiam , vel negligentiam , aut dissimulationem , qua contra electorum confirmationes frequenter habetur , vel etiam procuratur , ex offici● nostri debito diligentia qua possumus corrigentes ; statuimus , & in virtute sanctae obedientiae praecipimus districtè , ut cum electionis episcopalis confirmatio postulatur , inter caetera super quibus inquisitio & examinatio procedere debet secundum canonum instituta , illud exactissime inquiratur , utrum plura beneficia cum animarum cura qui electus est , antequam eligeretur habuerit ? et si haubisse inveniatur , an cum eo super hoc fuerit dispensatum ? et an dispensatio si quam exhibuerit vera sit , & ad omnia beneficia quae obtinuit extendatur ? quod si in aliquo praemissorum , is ad quae confirmatio spectat , electum deficere sua discussione compererit , eidem nullatenus munus confirmationis impendat . these wholsome constitutions by reason of the popes and his legates dispensations against them , were only pious frauds to p●cke others , and fill their own purses ; not effectual medicines to cure these grievous maladies , so pernicious to religion and the peoples souls . an oxford jew having in contempt of christ , and christian religion , in a solemn procession there held by the university , cast down and broken the crucifix carried before them ; and escaping , and the jewes not producing his body as the king ordered them , the king thereupon out of his piety and soveraign ecclesiastical authority , commanded the sheriff of oxford , by several writs to seise the bodies and goods of all the jews in oxford , till they gave sufficient security at their proper costs , to erect a beautifull high marble crosse , with the images of christ on the one side , and the virgin mary with christ in her armes , on the other side , curiously and decently guilt , and the cause thereof ingraven on it , in the place where the offence was committed , calling the major of the town and cofferers of the jewes to his assistance ; and till they made and delivered to the proctors of the university another portable crosse of silver handsomely guilded , with a spear as large as that carried before the archbishop , to be carried before the masters and schollers of the university in their future processions . and because divers jewes to prevent it , had secretly conveyed away their goods to others , to inquire diligently after such goods and sell them , that the work might be speedily effected before the feast of st. edward . rex vicecomiti oxouiae , salutem . cum judaei nostri oxon. nobis adhuc non responderint de corpore illius judaei , qui in vituperium crucifixi crucem in solemni processione die ascensionis domini prostravit et fregit , per quod tibi pluries praecipimus , quod omnes judaeos praedictos sine dilatione caperes , & salvo custodires ; et quod non permitteres eos aliquam administrationem habere de bonis et catallis eorum donec sufficientem tibi praestarent securitatem , quod sumptibus suis quandam crucem marmoream pulchram et altam , bene et decenter incisam et politam , cum imagine crucifixi in capite , ex parte una , et cum imagine beatae virginis cum filio suo , ex parte altera , convenienter sitis et auro depictis , una cum causa praedicta manifeste superscripta , in loco ubi scelus praedictum extitit perpetratum ; et quandam aliam crucem portatilem argenteam , bene et subtiliter et decenter fabricatam , et deauratam , cum hasta sive baculo , ejusdem magnitudinis cum crucibus honorificis quas archiepiscopi coram se facient deportari ; deferendam ante vniversitatem magistrorum et scolarium oxon. in processionibus suis , faceres . et quod provideres , quod pecunia ad praemissa facienda citò levaretur , & quod omnia praemissa cum omni festinatione qua fieri posset expleres ; et praedict . crucem portatilem procuratoribus vniversitatis praedictae custodiendam liberes , ita quod fierent citra festum sancti edwardi , quod erit in vigilia epiphani domini proxim . futur . ac tu quosdam de judaeis praedictis juxta mandatum nostrum praedictum ceperis , qui ante captionem suam bona & catalla sua diversis hominibus civitatis praedictae liberaverunt , per quod tu mandatum nostrum praedict . minus plenè exequi potes . nos volentes quod praemissa modis omnibus fiant in forma praedicta , tibi praecipimus , quod assumptis tecum majore villae praedictae & coffrariis judaeorum nostrorum ejusdem villae , in praesentia proborum & legalium hominum de villa praedicta , per quos rei veritas melius sciri poterit , diligenter inquiras ad quorum manus bona & catalla praedictorum judaeorum devenerunt , & qui ea tenent , & de bonis & catallis praedictis , in quorumcunque manibus existant , omnia praemissa fieri facias per visum & testimonium hominum praedictorum , prout melius & citius videris expedire , & si necessa fuerit bona & catalla praedict . ad hoc vendas , & taliter te habeas in hoc mandato nostro exequendo , quod id quod ad honorem dei intendimus in hac parte , manifestetur publice per effectum , et quod praemissa fiant sine mora . teste rege apud winton . . die decembris . the money hereupon being levyed of the jewes to make these crosses , and the king being informed , that the marble crosse could not be erected in the place prescribed without dammage and prejudice to some burgesses of oxford , whereupon they purposed to erect it just over against the jewes synagogue there ; the king and his counsel conceiving that place inconvenient , ordered it to be set up within the place of merton colledge near the church , and the other portable crosse to be delivered to the schollars thereof , to be kept in their house , and carried in processions of the university as aforesaid , by this writ to the sheriff , major and cofferers of oxford . rex vicecomiti , majori , ballivis & coffrariis suis oxon. salutem . cum iudaei nostri oxon. quandam crucem quae in solemni processione die ascensionis domini per villam nostram oxon. deferebatur in vituperium crucifixi prostraverint et fregerint , per quod vobis alias praecipimus quod sumptibus iudaeorum praedict . fac . quandam crucem marmoream pulchram et altam bene incisam et politam , cum imagine crucifixi in capite ex parte una , et cum imagine beatae virginis cum filio suo ex parte altera convenienter sitis , et auro depictis una cum causa praedicta manifeste superscripta , in loco ubi scelus praedictum extitir perpetratum , et quandam aliam crucem portatilem argenteam bene , subtiliter et decenter fabricatam et deauratam cum hasta sive baculo , ejusdem magnitudinis quam habent cruces quas archiepiscopi faciunt coram se deportari , ante vniversitatem magistrorum et scolarium oxon. deferendam in processionibus suis . et postmodum intelleximus , quod crux praedicta marmorea in placea ubi scelus praedictam extitit perpetratum , sine damno & nocumento quorundum burgensium ejusdem villae erigi non posset , per quod vobis aliàs praecepimus , quod crucem praedictam in alia placea , ubi sine damno & nocumento ejusdem villae fieri possit , erigi faceretis , quod ex opposito synagogae inde ejusdem villae facere provid . ut accepimus : nos per pendentes , quod hoc indecens & inhonestum esset , de consilio edwardi primogeniti nostri , & aliorum fidelium nostrorum qui sunt de consilo nostro , volumus , quod praedicta crux marmorea erigatur in placea scholarium de merton , juxta ecclesiam suam sancti johannis baptista in villa praedicta ▪ et ideo vobis mandamus firmiter injungentes , quod crucem praedictam marmoream modo praedicto factam , in placea praedictorum scholarium erigi & praedictam crucem portatilem praedictis scholaribus liberari faciatis , custodiend . in domo sua ibidem . ita quod eum deferri faciant in solempni processione coram magistris & scholaribus praedictis sicut praedictum est . et hoc nullatenus omittatis . teste rege apud westm. . die februarii . the king for maintenance of his soveraign ecclesiastical jurisdiction in his own free chappels , issued this writ to the bishop of coventry and litchfield , not to exercise any ecclesiastical censure or jurisdiction within the church of al-saints , in derby , which was his free chappel , nor any other his chappels , not yet to tax them towards the disme granted him by the pope , for which they had compounded and payd six marks into his wardrobe , notwithstanding their fine and composition made with the king for all the dismes within his diocesse , for which he should have an allowance by way of defalcation . rex venerabili in christo patri coventr . & litch . episcopo salutem . cum nuper inter alia beneficia ecclesiastica vestrae dioc. taxari fecerimus ecclesiam omnium sanctorum , de derb. quae est libera capella nostra , per dilectos & fideles nostros robertum de bakepuse , & johannem de sutton , & hujusmodi taxationem faciendam per nos & venerabilem patrem o. sancti adriuni diaconum cardinalem tunc apostolicae sedis legatum in anglia , specialiter deputatos , ac dilectus nobis in christo decanus linc. persona ecclesiae praedictae , pro se & canonicis ejusdem liberae capellae nostrae , ratione decimae proventuum ipsius capellae secundum taxationem praedictam sex marc. per manum suam solverit in garderoba nostra . vobis mandamus , quod occasione finis quem nobiscum fecistis pro decima beneficiorum et proventuum vestrae dioc. in praefatos dioc. et canonicos , seu etiam liberam capellam nostram praedictam ratione praedicta vel alia quacunque occasione nullam cohercionem exercere praesumatis ; eo quod sustinere nolumus sicut nec debemus , quod vos seu ministri vestri de praedicta capella seu aliis liberis capellis nostris in vestra dioc. quae a vestra iurisdictione totaliter eximuntur , aliquatenus intromittatis . nos tamen praedictas sex marcas , & siquid ulterius ad nos pertiuere debeat , secundum aliam taxationem , si necesse fuerit , ulterius faciendam prout justum fuerit , in fine praedicto vobis allocari faciemus . teste rege apud westm . die aprilis . the king to effect his designes in the court of rome against the barons and others , was forced to grant some cardinals annual pensions during their lives , and to augment them upon all new occasions , as is evident by this record , for paying the arrears and augmentation of one of their annuities out of the dismes granted him by the pope , whereof the king had usually the least share , the pope the cardinals and legates swallowing up the greatest part of them , as * matthew parker observes . rex omnibus , &c. salutem . sciatis quod fulco lovet , archid. colecestr . & magister godefridus de sancto dunstano collectores in episcopatu london . liberaverunt per praeceptum nostrum venerabili patri h. ostensi . & welle●r●nsi episcopo sacrosanctae romanae ecclesiae cardinali quinquaginta libras de terminis pasch . & sancti michaelis anno regni nostri quinquagesimo secundo , & de termino pasch . anno regni nostri qinquagesimo tertio de arreragiis quinquaginta marcarum annuarum sibi per nos concessarum , in augmentationem annui feodi sui centum marcarum , & viginti & quinque marcas de termino sancti michaelis proximo praeterito de feodo supradicto , de fine quem praedicti archid. & godefridus nobiscum fecerunt pro decima episcopatus praedicti , de qua quidem pecunia praefatos archdiaconum & godefridum tenore praesentium quietamus , & eandem pecuniam in fine decimae praedictae allocamus . in cujus &c. teste rege apud westm . . die octobris . how the pope and king by his command , exempted his own italian agents , who had benefices or prebends in england , from the payment of dismes , and all ecclesiasticall censures which he with utmost rigour imposed upon all others , making the english the only isachars to undergo his unsupportable burdens imposed on them without the least exemption or moderation , this record will clearly evidence . rex omnibus , &c. salutem . inspeximus literas venerabilis patris w. ebor. archiepisc . angliae primatis , dispensatoris decimae proventuum ecclesiasticorum nobis in regno nostro à sede apostolica concessae , collectoribus ejusdem decimae in episcopatibus sarum . & cicestr . directas in haec verba , w. permissione divina eborum archiepiscopus angliae primas dispensaror decimae proventuum ecclesiasticorum domino h. illustri regi angliae in eodem regno sibi à sede apostolica deputatae , ac reverendi patris o. sancti adriani diaconi cardinalis olim legati in anglia vicem gereus , venerabili patri in christo domino episcopo sarum , & aliis collectoribus ipsius decimae in sarisbir . & cicestren . episcopatibus deputatis & imposterum deputandis , salutem in domino . cum discretus vir magister sinicius domini papae camerae clericus canonicus cicestrensis , persona ecclesiae de doniug●on , sarum dioc. obsequiis domini papae et romanae ecclesiae , ac domini regis praedicti in partibus angliae fideliter nunc er alias institerit et insistat , et propter hoc sit ei ab * apostolica sede indultum , ut excommunicari vel interdici nequeat , vel suspendi , et pro reverentia praedictae sedis ab exactione decimae praedictarum ecclesiae et praebendae , et pro honore ipsius domini regis cujus est specialis ; idem dominus rex et nos velimus eum esse immunem et penitus liberari ; paternitati et discretioni vestrae qua fungimur authoritate mandamus , quatenus decimam praedictam ratione primi , vel secundi aut tertii anni a praefato magistro sinicio , vel ejus procuratoribus seu firmariis , vel aliis quibuscunque pro praedictis ecclesia et praebenda nullatenus per vos aut alios exigatur vel recipiatur , vel exigi aut recipi permittatur . dat. apud westm. j. kal. novembris anno gratiae , . nos autem quietantiam & liberationem praedictas ratas habentes & gratas , volumus & concedimus , quod praefatus magister sinicius immunis & quietus existat ab exactione & praestatione decimae praedictarum ecclesiae & praebendae de tribus annis praedictis , juxta tenorem literarum archiepiscopi supradicti . in cujus rei testimonium . teste rege apud westm . . die novembris . king henry in the . year of his raign was very active and intentive in collecting and disposing the dismes granted him for . years space by the pope , towards the relief of his necessities and satisfying of his debts by reason of the late wars and troubles , and levying the dismes granted him for the relief of the holy land , and calling the collectors thereof both in england and ireland to an account , for which many bishops and diocesses compounded for a certain summe in grosse , or annuall payment , which some bishops advanced beforehand , as these ensuing records attest , wherein our histories are silent . rex archiepiscopis , episcopis , abbatibus , prioribus & aliis viris religiosis , archid . officialibus , decanis , rectoribus , vicariis , ac universis & singulis benefiatis in hibernia constitutis , ad quos , &c. salutem . cum dominus papa propter adversitates et angustias quae nos in turbatione in regno nostro nuper habita multipliciter imprimebant , decimam omnium beneficiorum ecclesiasticorum totius hiberniae per triennium nobis concesserit ad relevationem status nostri , et nos dictam decimam karissimae consorti nostrae alyanore reginae angliae assignaverimus , quae circa collectionem supradictae decimae non modicè extiterit praegravata sumptibus & expensis , licet modicum assecuta fuerit hactenus exindè subsidium & juvamen ; & praedicta consors nostra fratrem stephanum de ful●burn . hospitilarium ▪ & magistrum johannem de bosco conjunctim & divisim suos ordinaverit procuratores & nuncios ad colligendam & recipiendam decimam supradictam , & ad audiendum ratiocinia de praeceptis a quibuscunque collectoribus decimae supradictae . nos tenore praesentium ratum habentes & firmum quicquid procuratores & nuncii praedicti , vel eorum alter nostro & praedictae consortis nostrae nomine duxerint vel duxerit faciendum ; vobis mandamus firmiter injungentes , quod eisdem procuratoribus & nunciis in omnibus quae ad id pertinent intendentes sitis & respondentes , consulentes & auxiliantes , prout ipsi vobis scire facient ex parte nostra . in cujus , &c. teste rege apud bampton , die septembris . mandatum est omnibus ballivis & fidelibus regis hiberniae , quod eosdem procuratores & nuncios & eorum homines ac bona manuteneant protegant & defendant , non inferentes eis vel inferri permittentes injuriam , molestiam , dampnum seu gravamen . et si quid eis , &c. id eis , &c. ipsis etiam cum per eos seu potestatem suam transitum fecerint salvum & securum conductum habere faciant , prout ab eis super hoc fuerint requisiti ▪ in cujus , &c. teste ut supra per unum annum duraturum . et mandatum est jacobo de alditheleye , & omnibus fidelibus regis per totam hyberniam constitutis , quod eisdem stephano & johanni , & eorum substitutis ad decimam praedictam levandam & ad opus reginae colligendam intendentes , & respondentes , consulentes & auxiliantes prout ab ipsis , ex parte regis & praedictae reginae plenius fuerint requisiti . in cujus , &c. teste ut supra . king henry having many years before taken up the crosse , and vowed to go in person to the holy land to relieve it , and collected much money upon that pretext , perverted to other uses , all swallowed up by the pope under pretext of gaining apulia and sicily for his son edmund , did now by his regall authority and advice of his prelates , barons and commons , dispense with this his croysado vow , and transferre it to his son prince edward , to execute , and assigning the ayde granted to him for that end , by this charter to the prince . rex omnibus , &c. salutem . licet nos , sicut edwardus primogenitus noster , totis desideriis affectemus transfretare in subsidium terrae sanctae , quia tamen praelatis , magnatibus et communitati regni nostri non videtur expediens , neque ratum , quod nos ambo extra regnum istis temporibus ageremus , nos votum nostrum quatenus possumus perfici , et regni nostri regimini , de consilio dictorum praelatorum et magnatum salubriter prospicere cupientes , negotium crucis una cum signo crucis nostrae praefato primogenito nostro ex plena et summa confidentia commissimus vicem nostram . et idem negotium quoad votum peregrinationis nostrae , et suae , prout decet et expedit ad christiani nominis exaltationem efficacius peragendum , totam vicesimam nobis in subsidium terrae sanctae , per totum regnum nostrum concessam tam collectam quam colligendam , eidem primogenito nostro duximus plenarie conferendam . in cujus , &c. teste rege apud wynton . die augusti . rex dilectis sibi in christo abbati & conventui sancti augustini cantuar. salutem . cum concessimus universis et singulis episcopis regni nostri , quod vicesimam ipsos et ballivos suos contingentem , quam nobis in subsidium terrae sanctae nuper curialiter concesserunt , per fideles ministros suos taxari et colligi faciant , ita quod pecuniam de vicesima ipsorum episcoporum nobis habere faciant in die insiantis festi sancti johannis baptistae , nobis deferendam in terram sanctam , et totam pecuniam de bonis villanorum suorum provenitem habeant london in festo sancti michailis proximo futuro , nunciis nostris quos ad hoc deputabimus integraliter exhibendam ; nos de fidelitate et promptitudine vestra plenius confidentes , et gratiam quam ipsis episcopis in hac parte fecimus vobis facere volentes , vobis concedimus , ut vicesimam bonorum vestrorum et etiam villanorum vestrorum taxari et pecuniam inde provenientem levari et colligi faciatis . ita quod pecuniam illam habeamus terminis praedictis in forma supradicta . in cujus , &c. teste rege apud westm . . die ma●i . rex omnibus , &c. salutem . inspeximus literas patentes sigillis magistri walteri scamel . thesaurarii sarr . & petri de winton . ad audiendum compotum decimae nobis à sede apostolica concessae in quibusdam cantuariensis provinciae diocesibus deputatorum , signatas in haec verba . omnibus ad quos praesentes literae pervenerint walterus thesaurarius sar. & petrus de winton . ad compotum decimae domino regi per dominum papam concessa per praedictum dominum regem & venerabilem patrem dominum octobonum sancti adriani diaconum cardinalem nuper apostolicae sedis legatum in quibusdam cantuar. provinciae diocesibus audiendum deputatis salutem in domino . sciatis quod venerabilis pater dominus nicholaus winton . episcopus qui finem fecit cum domino rege pro tota decima praedicta , ipsum dominum regem de tribus annis de quibus ipsa decima domino regi fuerit concessa de winton . dioc. contingente , & gilbertus prior de merton . & walterus de briche , dictus de la croce , dictae decimae collectores , reddiderunt coram nobis compotum de tribus millibus libris secundum finem praedictum cum domino rege factum , de totali decima trium annorum . quo quidem compoto audito allocatis , venerabili patri priori & waltero praedictis , liberatis factis expensis & aliis rationabilibus de voluntati domini regis & consilii sui allocandis , venerabilem patrem priorem & walterum praedictos tàm pro se quam pro toto clero wintoniensis diocesis eidem domino regis de tribus millibus invenimus satisfecisse & praefatum dominum regem totaliter esse pacatum . et ideo praedictum patrem priorem , & walterum , & totum clerum wintoniensis diocesis de praefatis tribus millibus libris pro fine praedicto quantum in nobis est quietos clamamus in perpetuum . in cujus rei testimonium praesentibus literis sigilla nostra apposuimus . dat. apud westm. . die julii , anno regni regis henrici filii regis johannis . nos igitur redditionem compoti praedicti acceptantes , praedictos patrem priorem & walterum de eodem compoto , quantum in nobis est , tenore praesentium quietamus . in cujus , &c. teste rege apud westm. . die julii . rex universis & singulis de episcopatu cicestrensi salutem . sciatis quod deputavimus dilectum clericum nostrum radulphum le botiller ad arrearagia decimae nobis à sede apostolica concessae in episcopatu praedicto , de primo anno de illis tribus annis quibus dominus papa nobis gratiam fecit de decima beneficiorum ecclesiasticorum regni nostri levanda , & ad opus nostrum colligenda prout ei injunximus & melius viderit expedire . et ideo vobis mandamus , quod eidem radulpho in praemissis intendentes sitis & respondentes , consulentes & auxiliantes prout vobis scire facit ex parte nostra . in cujus rei testimonium &c. teste rege apud westm . . die maii. rex omnibus &c. salutem . inspeximus literas patentes sigillis magistri constantini archid. subbyr . & p. de wynton . ad audiendum compotum decimae nobis à sede apostolica concessae in quibusdam cant. provinciae dioc. deputatorum , signatas in haec verba . omnibus christi fidelibus praesentes literas inspecturis constant . archid. subbyr . & p. de winton . ad compotum decimae domini regis per dominum papam concessae à praedicto domino rege & à venerabili patre domino o. sancti adriani diac. cardinali nuper apostolicae sedos legato audiendum deputati , salutem in domino . sciatis quod venerabilis pater h. episcopus elyensis , qui finem fecit cum domino regio pro tota decima ad dominum regem ratione praedictae concessionis domini papae pertinente , de omnibus bonis spiritualibus & temporalibus ecclesiasticarum personarum in civitate & dioc. elyen . de illis tribus annis quibus dicta decima fuerat praefato domino regi secundum verum valorem concessa reddidit compotum coram nobis per magistrum alanum de rokeland , officialem , elyensem & nicholaum de mare , clericum ipsius episcopi coram nobis , de mille & ducentis libris sterlingorum , per quas finem fecit cum praedicto domino rege pro tota decima praenominata de tribus annis praedictis pro compoto audito , allocatis praedicto episcopo solutionibus factis , expensis & omnibus aliis idem negotium contingentibus rationabiliter allocandis ; de voluntate domini regis & consilii sui praedictum episcopum tam pro se quàm pro toto clero civltatis & dioc. elyen . invenimus de supradictis mille & ducentis libris praefato domino regi plenè satisfecisse , secundum finem praedictum quem cum domino rege fecit . et ideo praefatos episcopum & clerum de tota praedicta pecuniae quantitate quantum in nobis est plenè acquietamus . in quorum testimonium praesentibus sigilla nostra duximus apponenda . dat. apud westm. die jdus maii. anno regni domini regis praedicti . nos igitur redditionem compoti praedicti acceptantes , praefatos episcopum & clerum de eodem compoto , quantum in nobis est tenore praesentium quietamus . in cujus &c. teste rege apud westm . die maii. rex vic. cantabr . salutem . quia dilectos clericos nostros magistrum adam de rokeland , officialem elyensem , & nicholaum de ware , assignavimus ad colligendum arreragia decimae in episcopatu elyen . nobis à sede apostolica concessae . tibi praecipimus sicut pluries praecepimus sub fidelitate qua nobis teneris firmiter injungentes , quatenus eadem arreragia tam temporalium quàm spiritualium quociens ab eis vel uno eorum fueris requisitus , de bonis eorum qui dictam decimam nobis nondum solverunt , de quorum nominibus dicti clerici tibi constare faciant , sive fuerint infra libertates sive extra , cum omni festinatione levari & elsdem vel alteri eorum integrè solvi facias . ita quod ipsa omni modo habeamus ad urgentissima negotia nostra expedienda ad diem quem dicti clerici nostri tibi praefigent . et hoc nullatenus omittas sicut indignationem nostram perpetuam & dampnum in rebus propriis volueris evitare . sciturus quod nisi hoc feceris nos de terris & catallis tantam summam faciemus ad opus nostrum levari , nihilominus propter mandati nostri contemptum gravius puniendo ▪ teste ut supra . rex omnibus , &c. salutem . inspeximus literas patentes sigill . magistri constantini archid. subbor . & p. de winton . ad audiendum compotum decimae nobis à sede apostolicae concessae in quibusdam cant. provinciae dioc. dedeputatorum , signatas in haec verba . omnibus christi fidelibus praesentes literas visuris vel audituris , constantinus archid. subbir . & petrus de winton . ad compotum decimae domino regi per dominum papam concessae à praedicto domino rege & à venerabile patre otobono , sancti adriani diacono cardinali apostolicae sedis nuper in anglia legato audiendum deputati salutem in domino sciatis quod dominus willus decanus linc. ecclesiae & magister rogerus de ranekyngham archid. huntingdon . qui composuerunt cum domino rege pro tota decima spiritualium & temporalium ac quorumcunque aliorum proventuum ecclesiasticorum ecclesiae linc. & dioc. ad dominum regem ratione praedictae concessionis domini papae pertinente , de illis tribus annis quibus dicta decima fuerat praedicto domino regi concessa , reddiderunt compotum coram nobis de novem millibus ducentis sexaginta sex libris tresdecim solidis & quatuor denariis , per quas composuerunt cum praedicto domino rege pro tota decima praenominata de tribus annis supradictis . quo compoto audito allocatis praedictis willielmo & rogero solutionibus factis , expensis primi anni , & omnibus aliis idem nogotiū contingentibus rationabiliter allocandis , dictos willum & rogerum tam pro ecclesia quam pro dioc. memoratis invenimus de supradictis novem millibus ducentis sexaginta sex libris tresdecim solidis & quatuor denariis praefato domino regi plenè satisfecisse , secundum compositionem quam cum domino rege fecerunt cum ducentis quinquaginta sex libris tresdecim solidis & quatuor denariis adhuc debitis diversis mercatoribus certis die & loco solvendis , secundum formam litterae obligatoriae ejusdem decani in garderoba domini regis depositae , donecidem decanus vel archid. praedictus de dictis ducentis quinquaginta sex libris tresdecim solidis & quatuor denariis plenè satisfecerint . quae quidem litera obligatoria debet dicto decano vel dicto archid. restitui , facta solutione mercatoribus antedictis . et sic praefatos willielmum & rogerum de praedictis novem millibus ducentis sexaginta sex libris tresdicem solidis & quatuor denariis de voluntate domini regis & consilii sui quantum in nobis est plenè acquietamus . in quorum testimonium praesenti scripto sigilla nostra sunt appensa , dat. apud westm . in garderoba praefati dominni regis . anno regi ejusdem . nos igitur redditionem compoti praedicti acceptantes praefatos willielmum & rogerum , de eodem compoto quantum in nobis est tenore praesentium quietamus . in cujus , &c. teste ut supra . rex vic. & ballivis suis dioc. linc. constitutis salutem . quia dilectum clericum nostrum magistrum johannem le flemeng . una cum decano linc. ecclesiae assignavimus ad colligendum arreragia decimae in episcopatu linc. nobis à sede apostolica concessae . vobis praecipimus sicut alias praecepimus sub fidelitate qua nobis tenemini firmiter injungentes , quatenus eadem arreragia tam temporalium quam spiritualium quociens ab eis vel uno eorum fueritis requisiti , de bonis eorum qui dictam decimam nobis nondum solverunt , de quorum nominibus dictus decanus vel dictus clericus noster vobis constare fac . sive fuerit infra libertatem sive extra , cum omni festinatione levari eisdem vel alteri eorum integre solvi faciatis . ita quod ipsa omni modo habeamus ad urgentissima negotia nostra expedienda ad diem quem dictis decano et clerico nostro praefiximus . et hoc nullatenus omittatis sicut indignationem nostram perpetuam & dampnum in rebus propriis volueritis evitare ; scituri quod nisi hoc feceritis , nos de terris & catallis vestris tantam summam faciemus ad opus nostrum levari . vos nihilominus propter mandati nostri contemptum gravius puniendo . teste ut supra . rex omnibus christi fidelibus ad quos , &c. inspeximus literas patentes sigillis magistri walteri scamel thesar . sarr . petri de winton ad audiendum compotum decimae nobis à sede apostolica concessae in quibusdam cantuariensis provinciae diocensibus deputatorum , signatas in haec verba . omnibus christi fidelibus praesentes literas inspecturis , magister w. scamell thesaur . sarr . & petre de winton . ad compotum domino regi concessae audiendum deputati salutem in domino . noverit universitatis vestra quod magister stephanus archid. cantuar. coram nobis per clericos suos reddidit compotum & respondit de mille ducentis mart. octo solid . & decem denar . de decima primi anni domino regi concessa & contributione in civitate & diocesi cantuaria , & de contributione decanatus de shorham , & de bonis temporalibus & spiritualibus domini archiepiscopi cantuar. ubicunque existentibus receptis , & de viginti duabus marc. quatuor solid . & duobus denar . receptis de decima episcopatus roff. et de tribus marc. receptis de decima ecclesiae de newenton , linc. dioc. & de tribus marcis sex solidis & octo denar . receptis de decima praebendae magistri pontii in ecclesia smulling cicestr . dioc. & de centum quinquaginta marc. de cancellar . cicestr . recept de decima per ipsum collecta in cicestr . dioc. de quibus omnibus supradictis est summa mille trecent . sexaginta decem & novem marc. sex solid . & quatuor denar . de quibus compoto diligenter audito & alloc . dicto archido & clericis suis solutionibus & liberationibus dictum negotium tangentibus rationabiliter allocandis , nos dictum archid. & clericos suos de praedictis mille trecentis sexeginta decem & novem marc. sex solid ▪ & quatuor denar . domino regi plenarie satisfecisse , propter quod ipsos per praedictum compotum quantum in nobis est de tota praedicta pecunia totaliter adquietamus . in cus rei testimonium sigilla nostra praesentibus duximus apponenda . dat. apud westm . . die febr. anno regni domini regis praedicti . . nos autem redditionem compoti suppradicti acceptantes , praefatum archdiaconum & clericos suos de eodem compoto quantum in nobis est tenore praesentium quietamus . in cujus &c. teste rege apud westm. . die febr. rex omnibus , &c. salutem . inspeximus literas patentes sigillis magistri walteri scamel , thesaur . sarr . & petri de winton ▪ ad audiendum compotum decimae nobis à sede apostolica concessae in quibusdam cantuariensis provinciae diocesibus deputatorum , signatas in haec verba . omnibus christifidelibus praesentes literas inspecturis , magister walterus scamell , thesaur . sarr . & petrus de winton . ad compotum decimae domino regi ab apostolica sede concessae à praedicto domino rege & venerabili patre domino o. sancti adriani diacono cardinali audiendum deputati , salutem in domino . sciatis quod venerabilis pater laurentius episcopus roff. reddidit compotum coram nobis de centum sexaginta duodecim libr. & decem solid ▪ de decima omnium bonorum & proventuum ecclesiasticorum temporalium & spiritualium tam dicti episcopi quàm virorum religiosorum & aliorum ecclesiasticorum personarum roff. dioc. de secundo anno illorum trium annorum quibus dominus papa decimam hujusmodi proventuum domino regi concessit , secundum taxationem factam per magistrum bonetton . de sancto quintino ad hoc specialiter deputatum . et de tresdecim libris quindecim solidis , & duobus denariis arrearagiis decimae bonorum spiritulium de primo anno . quo compoto audito , & allocatis dictis episcopo & clero solutionibus , liberationibus ac aliis dictum negotium tangentibus rationabiliter allocandis , de voluntate domini regis . nos dictos episcopum & clerum de praedictis centum sexaginta & duodecim libris & decem solidid ex una parte , & de tresdecim libris quindecim solidis & duobus denariis de arrearagiis ex altera parte invenimus praedicto domino regi plenarie satisfecisse ; propter quod ipsos per praedictum compotum quantum in nobis est & de tota praedicta pecunia totaliter acquietamus . in cujus rei testimonium sigilla nostra praesentibus duximus apponenda . datum apud westm . . die januarii . an. regni domini regis supradicti . . rex autem redditionem compoti supradicti acceptans praefatum episcopum de eodem compoto quantum in ipso est tenore praesentium quietar . in cujus , &c. teste rege apud westm . . die januarii . rex omnibus , &c. salutem . inspeximus literas patentes sigillis magistri walleri scamel thesaur . sar. & petri de winton . ad audiendum compotum decimae nobis à sede apostolica concessae in quibusdam cantuar. provinciae diocesibus deputatorum , signatas in haec verba , universis praesentes literas visuris vel audituris walterus thesaur . sar. & petrus de winton . custos garderobe domini regis auditores rationum decimae domino regi à sede apostolica concessae , salutem in domino . noverit universitas vestra quod willielm●s archidiaconus hereford . collector . decimae supradictae in episcopatu hereford . duobus primis annis coram nobis compotum reddidit de quingentis quadraginta tribus tresdecim solidis & octo denariis per ipsum & nunclos suos receptis in dicta dioc. de decima supradicta , videlicet de quingentis triginta & octo libris tresdecim solidis & octo denariis receptis in episcopatu hereford . et de centum solidis receptis in episcopatu wygorn . de quibus liberavit in garderoba domini regis apud westm . nicholao de leukenor , custodi ejusdem garderoba ibidem viginti & duas libras tresdecim solidos & quatuor denarios . idem w. archdiaconus liberavit diversis personis quadringentas triginta & unam libras , & quatuor denarios de mandato dominorum regis & legati & per literas eorundem , quas literas nobis in compoto suo restituit . item allocantur eidem w. archidiacono pro expensis suis factis circa taxationes bonorum ecclesiasticorum in wygorn . & hereferdens . episcopatibus , & pro dicta pecunia colligenda & pro parte london . deferenda triginta libr. et ideo dictis liberatis solutionibus & allocationibus factis nos dictum willielmum archidiaconum vice & nomine dicti domini regis de dictis quingentis & quadraginta tribus libris tresdecim solidis & quatuor denariis finaliter quietum clamamus . in cujus rei testimonium praesentibus sigilla nostra apposuimus . dat apud westem . . die januarii . anno regni regis henrici tertii . . nos autem redditionem compoti praedicti acceptantes praefatum archidiaconum de eodem compoto quantum in nobis est tenore praesentium quietamus . in cujus &c. teste rege apud westm . . die januarii . what arrearages the king ordered to be paid this year out of this disme to the pope for his annual rent for england and ireland , granted him by king john , i have already printed page . whereon you may reflect . rex vic. ebor. & omnibus ballivis , &c. salutem . cum mittamus dilectos clericos nostros magistrum henricum de brandeston , & henricum sampsons , ad decimam nobis à sede apostolica in com. praedicto concessam ad opus nostrum sine dilatione colligendam prout melius & citius viderint expedire . vobis mandamus firmiter injungentes quod eisdem henr. & henrico ad praemissa facienda intendentessitis consulentes ad auxiliantes prout vobis scire facient ex parte nostra , & de omnibus bonis & catalis illorum de balliva vestra qui dictam decimam solvere contradicunt , eandem decimam tam infra libertates quorumcunque quàm extra levari faciatis sine mora , sicut ab eisdem henrico , & henrico fueritis requisiti . et ita viriliter & diligenter vos habeatis in hac parte quod diligentiam vestram exinde merito debeamus commendare , & quod pro defectu vestri in praemissis dampnum non incurramus . teste ut supra . consimiles literae diriguntur vic. not. northumbri● , cumberl . westml . & lancastr . king henry to gratifie the pope for the dismes granted him , which his legate and his assignees only must collect , assigned the dismes of ireland , and of some bishopricks in england , to the popes agents towards the speedy satisfaction of the arrears due to him for the annuall rent granted him by king john , and payment of annuities granted by the king to some of his cardials in the first place , as appears by pat. h. . m. . intus , already printed page . and by these two records . rex universis , &c. salutem . noverit universitas vestra quod cum decimam proventuum ecclesiasticorum hiberniae nobis à sede apostolica concessam deputaverimus assignandam magistro sinicio , apostolicae sedis camerae clerico nomine romanae ecclesiae pro arrearagiis annui census in quibus eidem ecclesiae tenebamur usque ad certam summam , et de eadem decima prout volebamus non posset eidem ecclesiae festina et debita satisfactio provenire , ac postmodum decimam linc. episcopatus simili modo nobis ab apostolica sede concessam pro arrearagiis ejusdem census usque ad quantitatem quae de dicto consensu aretro est eidem magistro sinicio nomine ipsius ecclesiae duxerimus deputand . dictusque magister mille et centum marcas tantum et nihil amplius receperit nomine ipsius ecclesiae de decima hiberniae supradicta , pro eo quod dilectae consorti nostrae alienore reginae angliae dicta decima hiberniae pro quibusdam suis debitis a praedicta sede apostolica , et a nobis postmodum extitit concessa et deputata , licet appareat per quasdem patentes literas ruk . salveterrae et bartholemaei jacob. mercatorum florentinorum sociorum reinerii de fur. et thaddei , orlandi ipsos mercatores ad mandatum praefatae consortis nostrae et praefati magistri sinicii ducentas et quinquaginta marcas recepisse nomine prdictae ecclesiae de summa , , , , , , quadringentarum marc. quas idem magister eis persolvi mandaverat per venerabilem patrem midd. episcopum et decanum ossarteno , executores negotii dictae decimae in hibernia . quia tamen in veritate dictus magister sinicius non recepit praedictas ducentas & quinquaginta marc. sed eas volumus & mandamus praedictae consorti nostrae assignari , pro eo quod de praedicta decima linc. episcopatus sicut mandavimus praefato magistro nomine praefatae eccleliae poterit plenariè satisfieri de censu praedicto , confitemur & recognoscimus ipsum magistrum mille & centum marc. praedictas & nihil amplius ut praedictum est recepisse de decima hib●rniae supradicta . et ecclesiam romanam praedictam & magistrum ipsum erga omnes plenurie acquietabimus & reddemus indempnes de ducentis & quinquaginta marc. supradictis . in cujus , &c. teste rege apud westm. . die febr. rex decano linc. & socio suo collectoribus decimae in episcopatu lincoln . salutem . cum teneamur ven. patri sanctorum cosinae & damiani decano card. in quadraginta & quinque marc. de termino sancti michaelis anno regni nostri . & de terminis paschae & sancti michaelis , anno regni nostri . de annuo feodo suo triginta marcarum quod percipit ad scaccarium nostrum . vobis mandamus , quod de arrearagiis finis quem nobiscum fecistis pro decima episcopatus praedicti , habere faciatis eidem cardinali triginta marc. de duobus primis terminis praedictis . proviso , quod primo satisfiat domino pap●e de arrearagiis suis annui census quem percipit ad scaccarium praedictum juxta tenorem aliorum mandatorum nostrorum quae inde recepistis . et nos praedictas triginta marcas vobis in arrearagiis finis praedicti faciemus allocari . in cujus , &c. teste rege apud westm . die aprliis . so as you see the king must have only the gleanings of the dismes after the pope and his creatures harvest . rex universis & singulis collectoribus decimae per regnum angliae constitutis salutem . cum dilecti nobis in christo abbas & conventus de sancto albano pro necessariis utilitatibus nostris centum marcas sterlingorum de mandato nostro magistro gefredo cameraio veneravllis patris o. sancti adriani diaconi cardinalis nuper apostolicae sedis legari in anglia persolverint , per quod per nostras patentes literas vobis mandaverimus quod dictas centum marcas e●sdem abbati & conventui in solutionem decimae quam nobis solvere tenebantur de primo anno de illis tribus annis quibus eadem decima pro nobis colligebatur computaretis , & de solutione residui si quod esset secundum formam qua idem legatus decimam illam authoritate apostolica solvi mandavit , staretur conscientiae eorundem . vobis mandamus , quod à praefatis abbate & conventu de decima primi anni praedicti ratione dicti residui ultra id quod juxta conscientiam suam solverint de eodem residuo si quod fuerit nihil penitus exigatis contra tenorem literarum nostrarum praedictarum . in cujus , &c. teste rege apud westm . . die febr. the king granted this patent to john waler and his clerk , that he should detain his own dismes towards satisfaction of a debt the king owed him , whiles he had the custody of the tower , and some others had the like for their debts to be allowed the collectors upon that account . rex collectoribus decimae in episcopatu norwicen . salutem . cum concesserimus dilecto clerico nostro johanni walerand , quod decima ipsum contingens ratione beneficiorum suorum in regno nostro sibi allocetur in debitis quibus ei tenemur , de tempore quo habuit custodiam turris nostrae london . ex comcessione nostra . vobis mandamus , quod ab exactione quam eidem johanni de decima beneficiorum suorum praedict . dioc. vobis solvenda de illis tribus annis de quibus dominus papa nobis gratiam fecit de decima beneficiorum ecclesiasticorum regninostri desistentes , si quid ab ipso ea occasione ceperitis , sine dilatione restituatis eidem . et nos de decima ipsum contingente certioretis , ut vobisinde in compoto vestro debitam allocationem habere faciemus . in cujus , &c. teste rege apud westm . . die aprilis . consimiles literas habet idem johannes insingulis dioc. in quibus beneficia sua existant . teste ut supra . the king granted this license to herbert boyvil his tenant in capite , in the manner of ferlirg , to sell it to the bishop of norwich and his successors , to furnish himself with monies to accompany prince eward to the holy land , for which he had crossed himself . rex omnibus , &c. salutem . cum dilectus & fidelis noster herbertus de boyvill , crucesignatus , profecturus sit ad partes transmarinas in subsidium terrae sanctae , & oporteat ipsum in peregrinatione illa multas impensas facere , nos eidem herberto in hac parte gratiam facere volentes specialem , concedimus ei , quod ipse manerium suum de ferling , quod de nobis tenet in capite , vendere possit venerabili patri r. norwicen . episcopo & successoribus suis imperpetuum , faciendo nobis & haeredibus nostris servitia indè debita & consueta . in cujus , &c. teste rege apud westm . . die maii. the king having granted the profits of the archbishoprick of dublin to prince edward , towards the expenses of his voyage to the holy land , except knights fees , wards , releases , advousons , &c. issued this patent to his escheator of ireland . concerning it . rex dilecto clerico suo willielmo de bakepuz , escaetori suo hiberniae , salutem . cum in praesenti vacatione archiepiscopatus dublin . per mortem fulconis de saunford . nuper archiepiscopi dublin . concesserimus charissimo filio edwardo primogenito nostro omnes exitus & proventus ejusdem archiepiscopatus , ad expensas ejusdem filii nostri in subsidium terrae sancta , salvis nobis feodis militum , wardis , releviis , & escaetis quibuscunque , & etiam advocationibus abbatiarum , prioratuum , dignitatum , praebendarum , & ecclesiarum quarumcunque quamdiu vacans fuerit , ut praedictum est . vobis mandamus quod de custodia ejusdem archiepiscopatus in nullo vos intromittatis , sed atturnatos ipsius edwardi exitus & proventus praedict . percipete & habere permittatis in forma concessionis nostrae praedictae . et si quid per vos vel vestros de exitibus seu proventibus ejusdem perceptum fuerit , id sine dilatione eidem edwardo vel atturnatis suis praedictis restituatis . provisa quod omnia feoda , wardae , relaevia , escaetae , advocationes abbatiarum , prioratuum , dignitatum & praebendarum quarumcunque per vos vel vestros ad opus nostrum salvo custodiantur prout ad opus nostrum magis videritis expedire . in cujus , &c. teste rege apud westm . . die junii . et mandatum est militibus liberis hominibus & omnibus aliis tenentibus de archiepiscopatu dublin . quod atturnitatis ipsius edwardi quos per ipsum ad custodiam ejusdem archiepiscopatus deputari contigerit in omnibus quae ad custodiam illam pertinent intendentes sint , & respondentes sicut praedictum est , & atturnatos filii nostri praedicti exitus & proventus illos recipere , & habere permittatis , prout commodo domini sui praedicti magis viderint expedire . in cujus , &c. teste ut supra . king henry being desperately sick past all hopes of recovery , made a vow that if he recovered he would go in person to the holy land , according to his former vow which he had assigned over to his son prince edward , to perform for him , after which vow made he recovering his health , and resolving to proceed in his voyage , to take up monyes from his brother richard for that use , made this assurance to him of all the revenues of the realm except wardships and other casual revenues , and for the regulation of his houshold and the affaires of the kingdome . henri par la grace dieu , rex dangleterre , seignur de irlaund , è duc aquitine , à erceveskes , eveskes , priurs , cuntees , baruns , chevelers , fraun es houmes , è tuzses autres feals à ki cestes lettres vendrunt saluz . nus voluns ke vus touz le sachez , ke cum nus nadgeres de * si greve malady esteiouns suspris ke de nostre garesun ne feu nul espeyr , nous ky gardionus ke eyde de houme , ne nulle terriene chose for sul deu nus pout mester aver , meismes nostre espeir tote nostre fiaunce en le merci en la meneye nostre creature , a le signe de la seynt croiz ke nous nadgeres à nostre cher fuiz edward , nostre esnez aviouns baille , à parfere por nous le veage en la terre seynte par nostre propre volente , è en pure devotiun avouns fermement voue , è meintenaunt apres nostre vou fet de jour enjourse amenda nostre estat , issi ke la merci nostre seignour outre tote humeyne quidannce par marveillus miracle à recoveraunce , à saunte nus ad restore . et purceo ke nous nostre vou avaundit si tost come nus pouns nostre passage arraer è ordener veouns acumpler par la grace deu , effurnir è veonus ben ke nostre pelrinage ne peausse en bone manere , ne à nostre saunete enprendre , si nous devaunt nostre passage a nos creaunceurs à ki nous devouns fessuns lur assez , è ensement ke nous eussouns graunt sume de aveir en tresor encuntre nostre passage solemnement e honurement a fere , nous par nostre propre esmovement , e de nostre fraunce volente , avouns grante a nostre cher frere le noble rey de almayne , nostre honurable pere wauter , arceveske de everwyke , primate dangleterre , e as autres de nostre conseyl jurez e en bone fey promettuns , ke tuttes les issues de nostre terre , e de nos cnutez , e de eires de justices , e de nostre juerie , e nos eschaetes , e wardes , e mariages , e releus , e tuttes autres issues ke par nule veie nus purrunt eschair , retendrouns eu nos meins , a nostre oes propre a nostre sustenaunce , è de nostre reyne ; e de nos mesnees , e a nus de nos dettes aleger . issi fet a saver ke les avauntdites issues , eschaetes , e wardes , e mariages , e releus , a nul autre ne durrouns graunteruns oulerrouns , for sulitaunt ke si wardes , ou marriages deivent estre vendu , si seient vendu a lur plenere value , e ceo par nostre conseil , e le aveir de ceo surdaunt a nos propres usages , ou a nos dettes aquiter , solunc le purveaunce de meimes le conseil aseit a turne solunc kil verrunt ke seit a fere , e , par ensoun si voluns e ottreouns ke nostre conseil avantdit eit poer de ordeiner e adrescer le stat de nostre hostel solunc ceo kil verrunt ke meuz seit a fere a nostre prou & a nostre honour . e si par aventure nul eyde nus seit graunte de nos feals a nostre passage avaundit , ou de la clergy par lour curtiseye demeine , ou par le grant le apostoyle , ou de blaunk moynes ou de gent de autre religion , voluns ke tot seit a nostre oes garde en meymes la furme ke de sus est dite , e meismes la chose grauntouns en dreit de la dette ke lewellyn prince de wales nus deite , tuz ceus choses avonus grante issi ne pur , quaunt ke a nos chevalers , seriaunz , vallez , e garcouns ki nous unt servi , ke ren ou poy ount eu de nus por lur travail , par mesmes nostre conseil seit purveu , ke lur assez lur seit fet si tost com le verra lius , & teus solunc lur desertes , e solunc le tens e le manere de lour servise , a saufa nus sis vintz livers endevers a doner dedenz le tens anavaunt nome per parceles a nostre volente . estre ceo nus voluns & ottreouns , ke si nule lettre de nostre curt seit purchace en cuntre iceo nostre grante e nostre ottrey , coment kele seit purchacee ou par procurement envers nous ou en nule autre manere , icele lettre de nulle force ne seit ne de nulle value , ne nuls de nos feals ne seit tenuz abbeir al execution fere de cele lettre . en tesmoyne de tuttes ces choses i cestes lettres avouns fet fere overtes a durer par un an enter , issi ke en le fin del an en nostre pleisir , e en nostre volente seit a renoveler un autel escrit si nus veonus ke ceo nus seit bon , ou ke de ceu tens en avaunt iceo nostre graunt e ottrey cesse du tot si nus voluns , issi ke utre ceu terme ne seionus tenuz a ren ke contenu est en cest escrit . done per nostre mayne à westm. le seiszine jour de averil , lan de nostre regne cinquaunte quint. king henry being doubtful of his recovery from that sicknesse , whiles prince edward his sonne and heir to the crown , was engaged in the holy wars , writ this letter of advice to him speedily to returne into england , upon his fatherly blessing for the reasons therein expressed , notwithstanding his vow , and engagement , in that affaire , in such manner as might be most for his honor . rex edwardo primogenito suo karissimo salutem , & paternam benedictionem , tenore literarum vestrarum nobis super vestro comitivae vestrae statu prospero & jocundo benedictus deus transmissarum audito plenius & intellecto , laeti efficiebamur & hilares in immensum . et etiam ante receptionem ipsarum literarum , * tanta & tam gravi infirmitate detinebamur , quod omnes & singuli existentes physici & alii de vita nostra communiter desperabant , nec tempore quo lator praesentium à nobis recessit de nostra convalescentia spes aliqua habebatur , verumtamen prout altissimo super statu nostro placuerit ordinare , vos inde per nostros nuncios reddemus frequentius certiores ; unde cum vos in haereditatem regni nostri tanquam primogenitus & haeres noster post nos succedere debeatis , vos post receptionem praesentium ad partes remotiores nullatenus transferatis , antequàm de statu nostro certitudinem habueritis pleniorem , tum quià si papa crearetur & mandaret charissimo fratri nostro r. regi alem. illustri a vinculo vestro , cui custodia regni praedicti de consilio vestro commissa fuit , oporteat ipsum pro statu regni sui alem. ad curiam romanam modis omnibus personaliter accedere . ita quod ad depressionem quorundam mavleolorum infra regnum nostrum existentium sicut nostis , intendere non posset ut expediret , tàm quia si occasione mortis nostrae , quod absit , vos oporteat ad propria remeare causa regiminis regni praedicti recipiendi , cum rege franciae qui ad partes franciae in brevi reversurus est , ut dicitur , honestè redire poteritis & decenter ; super quibus omnibus tale consilium habeatis quale vobis , & honori vestro , ac ipsi regno , & paci & tranquillitati ejusdem magis videritis expedire . et hoc sub obtentu paternae benedictionis nullatenus omittatis . et ut vobis de voluntate nostra constet in praemissis , consulimus bona fide , quod ad propria redeatis sine mora , quia vestris & regni praedicti negotiis ad votum ordinatis & dispositis , poteritis , cum praefato rege franc. redire versus terram sanctam in subsidium ejusdem , prout magis noveritis convenire . teste rege apud westm. . die febr. the king during these wars , to shew his disaffection to the jewes and judaisme , and ingratiate himself with the citizens of london , and other his christian subjects , published these statutes and proclamations against any jewes purchasing or acquiring any kind of freeholds in england by any charter , gift or conveyance whatsoever , and concerning their houses in cities wherein they inhabited , their suites at law , and other particulars therein expressed . rex dilectis & fidelibus suis majori & vicecomitibus suis london , & omnibus ballivis & fidelibus suis ad quos &c. salutem . sciatis , quod ad honorem dei & universalis ecclesiae , ac emendationem & utilitatem terrae nostrae & relevationem christianorum de dampnis & gravaminibus , quae sustinuerunt occasione liberorum tenementorum quae judaei regni nostri clamabant habere in terris , tenementis , feodis , redditibus & aliis tenuris , & ne vobis seu communitati regni nostri , vel ipsi regno possit de caetero praejudicium generari ; providimus de consilio praelatorum , magnatum & procerum qui sunt de consilio nostro , ac etiam ordinavimus & statuimus pro nobis & haeredibus nostris . quod nullus iudeus liberum tenementum habeat in maneriis , terris , tenementis , feodis , redditibus , vel tenuris quibuscunque per chartam , donum , feofamentum , confirmationem , seu quamcunque aliam obligationem , seu quocunque alio modo . ita tamen quod domos suas quas ipsimet inhabitant in civitatibus , burgis , seu aliis villis , inhabitent de caetero et eas habeant sicut habere consueverunt temporibus retroactis , et etiam alias domos suas quas iocandas habent , licite locare possint iudaeis tantum et non christianis . ita tamen quod non liceat iudeos nostros london . plures domos quam nunc habent emere , sive quocunque alio modo perquirere in civitate nostra london . per quod ecclesiae perochiales ejusdem civitatis vel rectores earundem jacturam incurrant . poterunt tamen iidem judaei london . domos & aedificia sua antiqua prius diruta & destructa reparare , & in statum pristinum redigere ad voluntatem suam . providimus etiam & statuimus de eodem consilio nostro quod de domibus suis praedictis inhabitandis vel locandis , ut praedictum est , nullus iudeus placitet vel placitare possit per brevia nostra originalia de cancellaria , sed tantummodo coram iusticiariis nostris ad custodiam iudeorum assignatis , per brevia judaismi consueta et hactenus usitata ; de terris autem et tenuris de quibus iudei ante praesens statutum feofati fuerunt , & quas nunc tenent , volumus , quod hujusmodi infeodationes & dona penitus adnullentur , & terrae & tenementa illa christianis qui sibi ea dimiserunt remaneant . ita tamen , quod christiani satisfaciant ipsis judaeis de pecunia seu catallo contento in chartis & cyrograffis suis , sine usura , quod judaei pro hujusmodi dono vel infeodatione dederint christianis . hac autem adjecta conditione , ut si christiani illi incontinenti inde satisfacere non possint , liceat judaeis praedictis tenementa illa aliis christianis dimittere , donec inde per rationabilem extentam secundum verum valorem eorundem catalla sua sine usura levari possint . salvo tamen christianis illis herbergagio suo , ita quod judaeus pecuniam seu catallum suum per manus christianorum & non judaeorum inde recipiat sicut praedictum est . et si contingat judaeum aliquem feoffamentum amodo recipere à quovis christiano de aliquo feodo seu tenemento contra praesens statutum , judaeus ipse dictum tenementum seu feodum penitus amittat , & in manum nostram capiatur , & salvo custodiatur . et christiani illi vel eorum haeredes terram vel tenementum illud de manu nostra rehabeant . ita tamen quod totam pecuniam quam ab ipsis judaeis pro hujusmodi feoffamento receperint nobis tunc solvant , vel si eorum facultates ad hoc non sufficiant , tunc verum valorem tenementorum vel feodorum nobis & haeredibus nostris annuatim reddant ad scaccarium nostrum per veram & rationabilem extentam eorundem , donec de hujusmodi pecunia seu catallo nobis plenè fuerit satisfactum . de nutric bus autem parvulorum , pistoribus , braceatoribus & cocis judeorum , quia iudaei et christiani in cultu fidei dispares sunt , providimus et statuimus , quod nullus christianus vel christiana eis ministrare praesumant in ministeriis praedictis . et quia iudaei quosdam redditus , de terris et tenementis christianorum tanquam perpetuos dudum recipere solent per manus christianorum , qui etiam feoda dicebantur , volumus , et statuimus , quod statutum tunc inde per nos factum firmitatis robur obtineat , nec ei per praesens statutum in aliquo derogetur . et ideo vobis praecipimus firmiter injungentes , quod provisionem , ordinationem & statutum praedictum publicè per totam ballivam vestram proclamari & firmiter teneri & observari faciatis . in cujus , &c. teste rege apud westm . . die julii . eodem modo mandatum est singulis vicecomitibus per angliam . teste ut supra . the suprior & covent of canterbury oppressing and annoying the prior & covent of saint martines dovor , belonging to the archbishop of canterbury , against their priviledges , during the vacancy of the arbishoprick then in the kings hands , the king thereupon by his soveraign ecclesiasticall authority , issued this writ to the constable of dovor to maintain their priviledges , and not suffer them to be injuried or molested in any kinde . rex constabulario castri sui dovor . salutem . cum prior & conventus sancti martini dovor . immediate sint subjecti archiepiscopo cant. qui pro tempore fuerit , & de temporalibus & aliis ad domum suam spectantibus eidem * archiepiscopo & non aliis respondere debeant , prout eis a sede apostolica est indultum , sicut pro certo intelleximus , ac subprior et conventus cant. praefatis prioris et conventui occasione archiepiscopatus praedicti vacantis , et in manu nostra existentis , injurias et gravamina multipliciter in●erant contra indulgentiam praedictam , sicut ex relatu eorundem prioris et conventus didicimus evidenter . nos libertates tam archiepiscopatus praedicti , quam dicti prioratus dovor . quamdiu idem archiepiscopatus in manu nostra extiterit illesas in omnibus observare volentes , mandavimus praefatis subpriori et conventui in personis aut rebus suis , in instanti vacatione archiepiscopatus praedicti contra indulgentiam praedictam qua iidem prior et conventus in hujusmodi vacationibus hactenus rationabiliter usi fuerint , injurias , gravamina seu molestias aliquas nullatenus inferre praesumant . et ideo vobis mandamus , quod ipsos priorem & conventum & bona prioratus sui in hac parte protegatis & defendatis , non permittentes ipsos per praefatos subpriorem & conventum in praemissis , quantum in vobis est indebitè praegravari . teste rege apud westm . . die januarii . the official , subprior and covent of trinity in canterbury , notwithstanding invading the rights and priviledges of the prior and covent of saint martins in dovor , immediately subject to the archbishoprick of canterbury , during the vacancy of that see , whiles the temporalties were in the kings hands , against the priviledges granted them by the pope , the king as supream ordinary and preserver of the rights of the archbishoprick , and this priory , issued this further writ to the constable of dovor castle , to protect them in their priviledges and rights , against those of trinity . rex dilecto & fideli suo stephano de penecestre constabulario castri sui dovor , salutem . cum monachi priorarus sancti martini dovor . immediatè sint subjecti archiepiscopo cantuar. qui pro tempore fuerit , & de temporalibus & aliis ad prioratum illum spectantibus eidem archiepiscopo & non aliis respondere debeant , prout eis à sede apostolica est indultum , sicut pro certò intelleximus . ac offic. sub-prior & conventus sanctae trinitatis cant. praefatis monachis dovor ratione archiepiscopatus praedicti vacantis , & in manu nostra existentis , molestias , injurias & gravamina multipliciter inferant , contra indulgentiam supradictam . per quod nos libertates tam archiepiscopatus praedicti quàm dicti prioratus dovor . quamdiu idem archiepiscopatus in manu nostra exstiterit , illaesas , ut tenemur , in omnibus observare volentes ; mandavimus praefatis offic. subpriori et conventui cant. quod praefatis monachis in personis aut rebus suis instanti vacatione archiepiscopatus praedicti , contra indulgentiam praedictam quam praedictis monachis dovor in hujusmodi vacationibus hactenus rationabiliter usi sunt , injurias , molestias seu gravamina aliqua nullatenus inferant ; ac ipsi quasi mandata nostra in praemissis contempnentes , nihil inde facere curaverint , sed praefatis monachis graviora dampna quam prius de die in diem inferant de quo miramur non modicum et movemur . . vobis mandamus sicut alias mandavimus firmiter injungentes , quod praedictos monachos dovor . homines , terras , res , redditus & omnes possessiones suas in balliva vestra manuteneatis , protegatis & defendatis , non permittentes ipsos per praefatos offic. subpriorem & conventum quantum in vobis est , durante vacatione praedicta super aliquibus molestari indibitè seu gravari , sed ipsos offic. subpriorem & conventum ex parte nostra moneatis & efficaciter inducatis , quod ab hujusmodi gravaminibus & molelestiis praefatis monachis de caetero inferendis penitus desistant . ita quod diligentiam vestram exinde meritò commendare debeamus , & quod non oporteat nos amplius super hoc sollicitari , per quod manum ad hoc aliter apponere debeamus . teste meipso ipso apud westm die maii. anno regni nostro . the official of the prior of christ church in canterbury , notwithstanding the former writs , claming a jurisdiction over the prior and covent of saint martins dovor during the vacancy of the archbishoprick , excommunicated them for not submitting to his jurisdiction , whereupon they appealed against his excommunication and undue proceedings to the court of rome ; yet afterwards the prior of saint martins released the appeal , and wasted the corn and other goods of the house , by meanes whereof the covent were likely to beg and be dispersed ; the king upon the subpriors and covents complaint thereof , as supream patron & founder , impowred the constable of dovor castle , and two monks of st. martins , by this commission to preserve the goods of the house , and apply them to the benefit thereof , till the king and his counsil took further order therein . rex stephano de penecestre constabulario castri sui dovor ▪ & fratri roberto de cantuar. salutem . ex parte subprioris prioratus sancti martini dovor . nobis est ostensum ; quod cum offic. prioratus ecclesiae christi cautuar . clamantes habere jurisdictionem super priorem & conventum praedicti prioratus sancti martini vacante sede cantuar. in ipsos priorem & conventum s. martini , pro eo quod ipsi praedictos offic. & conventum ecclesiae christi jurisdictionem illam exercerè non permiserunt , excommunicationis sententiam fulminaverint . et ●idem prior & conventus sancti martini sentientes se ob haec & alia gravamina eisdem priori & conventui sanct ▪ martini per praedictos offic. & conventum ecclesiae christi multipliciter illata indebite praegravari , ab eisdem offic. & conventu ecclesiae christi ad curiam romanum appellaverint & certos procuratores ad appellationem illam prosequendā ibidē transmiserint . ac praedictus prior s. martini appellatione praedictae quantum in ipso fuit , sponte et sine assensu et voluntate conventus suipradicti postmodum renunciaverit , et blada et alia bona ad prioratum suum spectantia , pro voluntate sua incessanter devastet et consumat , per quod praedictum conventum suum mendicare et in dispersionem mitti oportebit , nisi remedium ad hoc celerius apponatur . nosquia idem prioratus sancti martini de nostra et progenitorum nostrorum regum angliae fundatione existit , sustinere nolentes , quod bona ejusdem quae ad sustentationem conventus illius et pauperum christi ad locum illum confluentium deputantur , per praesumptionem alicujus dilapidentur seu distrahantur , sed potius quod salvo custodiantur et in utilitatem prioratus illius prout opus suerit convertantur : assignavimus vos , una cum duobus de discretioribus et probioribus monacbis prioratus illius , ad bona ad prioratum illum pertinentia conservanda et in utilitatem domus ejusdem ut praedictum est , convertenda . et ideo vobis mandamus , quod una cum praedictis duobus monachis diligenter et fideliter praemissis intendatis , donec de consilio nostro aliud super hoc fuerit ordinatum . in cujus , &c. teste rege apud winton . die decembris . boniface the military archbishop of canterbury , deceasing beyond the seas , anno dom. . when he had reaped the profits of that see , and pillaged that p●ovince no fewer then . years . moneth and . daies , most of which he spent in wars and negotiations beyond the seas , and never preached one sermon all that time for ought i find : his calamitatibus & cruentis papae rapinis , bonifacii archiepiscopatus ignominiose & infoeliciter gestus ac transactus est ; cujus authoritas jam tandem exosa regibus & populo vacillare , & ad ruinam paulatim vergere cepit : as his successor matthew parker observes . he addes out of petrus de ickeham , and walterus gi●bernensis ; ( to which i shall annex henr. de knyghton ) that in the year he dyed ; tanta fuit apud cantuariam inundatio pluviae , fulguris & tempestatis quanta à diebus antiquis nunquam audita vel visa fuerit , durante tonitruo & horribiliter quasi ex uno ictu tonante tota die & nocte , & tanta inundatio aquae secuta est , quod saxa vineas , & arbores subvertit , & saepe radicitus emulsit greges & armente ex agris abduxit , ipsam pene civitatem inundavit , ita quod incedere non possent homines nec equi . et per clitabantur multi impetu aquae decurrentis per placeas . hoc diluvium in domibus civitatis & tota regione secuta est fames maxima , famemque contagio & pestis occupavit . ut vulgus dicere & aestimare solebat , hanc divinam cladem , et ultionem ob bonefacii permissa et perpetrata scelera cantuvariae contigisse . * interea henricus rex , clemente papa mortuo , romanaque sede triennio pene vacante , aliquam alleviationem intollerabilis illius jugi papalis sensit , ab exactione intercapedine concessa , tanquam respiratione et paucorum dierum ab hostili direptione induciis datis . anno . rex licentiam monachis cantuariensibus eligendi dedit . conventus willielmum de chillinden . sui subpriorem in archiepiscopum cantudriensem elegit . is electus , romam ad gregorium . qui urbano successit , ut electio firmaretur profectus est ; sed gregorius , ut majorum suorum exemplo specimen aliquod in papatus sui primordio illius ( ut nuncupant ) plenariae potestatis ostenderet , hominem apertum atque simplicem ut electioni facillima non suasione sed oratione coegit . i finde by these records , that the king himself did not ratify , but except against his person , and forme of his election by the monks , and sent special proctors to rome to oppose it , wherein our histories are silent , and that made him more willing to resign it . sanctissimo in christo patri & domino reverendo g. dei gratiâ sacrosanctae romanae ecclesiae summo pontifici h. eadem gratia rex angliae , dominus hiberniae , & dux aquitaniae , salutem , cum omni reverentia & honore . ad impetrandum & contradicendum in curia vestrae sanctitatis literas tàm simplices quàm generales gratiam seu gratias continentes , dilectum clericum nostrum petrum de montilio , canonicum de castro tiburicen . dioc. procuratorem nostrum facimus , constituimus & ordinamus . ratum & gratum habituri quicquid idem petrus nomime nostro in praemissis vel in aliquo praemissorum duxerit faciend . in cujus , &c. teste rege apud westm . . die aprilis . sanctissimo in christo patri & domino reverendo g. dei gratia sacrosanctae romanae ecclesiae summo pontifici h. eadem gratia rex angliae , dominus hyberniae & dux aquitaniae , salutem , cum omni reverentia & honore . ad impetrandum & contradicendum in curia vestrae sanctitatis literas tam simplices quam generales gratiam seu gratias continentes , dilectum & familiarem clericum nostrum , iterum buchard . procuratorem nostrum facimus , constituimus & ordinamus . ratum & gratum habituri quicquid idem iterus nomine nostro in praemissis vel in aliquo praemissorum duxerit faciend . in cujus , &c. teste rege apud westm. . die marcii . that his particular imployment there was to oppose this archbishops person and election , this letter of procuration directed to the pope , relates . sanctissimo in christo patri & domino divina providentia sacrosanctae romanae & universalis ecclesiae summo pontifici , suus humilis & devotus h. eadem gratia , rex angliae , dominus hyberniae , & dux aquitaniae recommendationem , & seipsum ad pedum sanctissima oscula beatorum . noverit reverenda paternitas , nos fecisse , ordinasse et constituisse praesentium per tenorem dilectum clericum nostrum i. beuchard . rectorem ecclesiae de overton winton . dioc . latorem praesentium , procuratorem nostrum , ad proponendum impedimenta et crimina tam contra electionem monachorum sanctae trinitatis cantuar. et ejus formam de futuro archipraesule praeficiendo , quam contra personam electi , coram vobis in curia vestra , vel vices vestras gerentibus quibuscunque . dante 's eidem potestatem nomine nostro in praemissis agendi , defendendi , excipiendi , replicandi , impetrandi , contradicendi , et in iudices consentiendi , petendi beneficium restitutionis in integrum , praestandi in animam nostram cujuslibet generis sacramentum , ponendi , respondendi et substituendi unum vel plures ad praemissa omnia et singula quociens viderit expedire ; procuratores nostros in eadem curia per nos , vel alios nomine nostro constitutos vel substitutos totaliter revocandi , et omnia alia et singula faciendi quae verus procurator potest facere , etiamsi mandatum exigant speciale . ratum et gratum habituri quicquid idem iterus , constitutus vel substitutus ab ipso nomine nostro fecerint in praemissis , pro eisdem judicatum solvi promittentes . hoc etiam quibuscunque adversis partibus intimamus . in cujus , &c. teste rege apud westm . . die marcii . hereupon . the pope , * hujus loco sine monachorum electione vel consensu , simulans in subprioris illius electione vitium manifestum , quod in suam potestatem jus conferendi transtulit intervenisse ; robertum de kylwarby , ex plenitudien potestatis archiepiscopum pronunciavit , being then provincial of the freers minorites in england , chief promoter of the popes dismes , croysadoes , and other exactions in the realm , for a. years space : the monks , quorum insolentia regibus saepe molesta ( oft opposing themselves against their kings and lawfull princes recommendations of an archbishop to them , ) jam tandem ab ipso papa , quem contra reges implorare consueverunt , fracta est , so as they durst not oppose this intruder of the popes sending by way of provision . but yet to preserve their right of election in some measure , they were content forsooth , to chuse him whom the pope had before designed without and against their wills ; then sent their subprior ( who had formerly renounced his election at rome before the pope ) together with the prior of dovor , and official of canterbury to him to london , qui eum conventus nomine electum salutarent . ac robertus , etsi archiepiscopatum hunc papae acceptum tulit , ut monachorum gratiam & benevolentiam colligeret , perhumaniter eos accepit & petractavit ; secumque de ecclesiae cantuariensis negotiis consilium daturos , octo diebus retinuit . concessit autem ei dominus papa , ut munus consecrationis eligere possit à quocunque episcopo catholico quem ad hoc duxerit eligendum . elegit autem willielmum bathoniensem , quem fama sanctitatis inter caeteros multum efferebat . on the day of his consecration march . . the prior of canterbury demanded of him the sum of . marks which the covent had spent in the election of their subprior chillindon , which the pope had promised him upon his renunciation , the next archbishop should satisfie : but he loth to disburse this money , began to pick holes in the priors coat , threatning to deprive him for his misdemeanors , whereupon the prior perswaded this covent to abate . pounds of the marks . the king was so much engaged to the pope for supporting him against his barons , and granting him three years dismes and croysadoes towards the holy warre , which kilwarby and his freers promoted , that he made no opposition against this promotion by the pope . soon after his consecration , * richard more , doctor of divinity being elected bishop of winchester , he made exceptions against and refused to confirme him , for holding many benefices , according to the * constitution of the council of london under othobon , and said , that a man of such conscience as was fit for that place , would rather content himself with lesse living , then load himself with the care of so many soules . yet notwithstanding though pluralities were thus condemned by this archbishop , the council of london , and several councils decrees before that , as very mischievous and scandalous to the church , contrary to the apostles doctrin and practice , * who ordeined many bishops and presbyters in every church , not one over many ; ) popes had no conscience of at all to observe these canons , but made great advantage of them , by granting dispensations to all ( who had money enough to purchase & thereby to merit them ) to hold as many benefices with cure as they would , witnesse this exemplification of pope innocents dispensation granted to theodore de camel , to enable him to hold and purchase pluralities with cure , notwithstanding any canons to the contrary . rex omnibus , &c. salutem . inspeximus dispensationem dilecti & familiaris clerici nostri theodori de camel , sibi super pluralitate beneficiorum a sede apostolica concessam , integram non cancellatam , non abolitam , nec in aliqua sui parte viciatam aut corruptam , in haec verba . innocentius episcopus servus servorum dei , dilecto filio . theodoro de camilla clerico , salutem & apostolicam benedictonem . etsi ecclesiarum vel ecclestasticarum dignitatum pluralitatem sacra concilii constitutio interdicat , saepe tamen cum pluribus eorum exigentibus * meritis , super hoc authoritate sedis apostolicae dispensamus : hinc est , quod nos volentes tibi facere gratiam specialem , tecum quod * praeter beneficia quae optines curam animarum habencia alia etiam si similem curam habeant , libere possitis recipere , si tibi canonice offerantur , et cum praedictis licite retinere , constitutione non obstante praedicta , authoritate apostolica dispensamus : nulli ergo omnino hominum liceat hanc paginam nostrae dispensationis infringere , vel ei auso temerario contraire . si quis autem hoc attemptare praesumpserit , * indignationem omnipotentis dei et beatorum petri et pauli apostolorum , ( as if they approved such pluralities and ratified them in heaven , as the popes did on earth ) ejus se noverit incursurum . dat. lugdini quarto non. junii pont. nostri anno quinto . ad cujus rei evidentiam has literas nostras patentes dicto theodoro fieri fecimus sigillo nostro roboratas . in cujus , &c. teste rege apud westm . . die octobris . the king issued this writ to all the sheriffes and justices itinerant to levy l . with all speed , out of the extract rolls and fines for prince edwards chaplain , to be paid into the exchequer , for the dispatch of his special affaires in the court of rome . rex universis & singulis vicecomitibus suis ad quos , &c. salutem . cum mittamus dilectum nobis willum de beverlaco , clericum edwardi primogeniti nostri , ad diversos comitatus regni nostri , pro quadringentis libris ad nostra specialia in curia romana expedienda , una vobiscum levandis , secundum extractas scaccarii nostri de anno &c. . quas praefato willielmo fecimus liberari ; vobis praecipimus , quod una cum eodem willielmo , cum ipse ad vos venerit occasione praedicta , denarios praedictos secundum extractas praedictas quas idem clericus inde vobis liberabit , levari & usque ad scaccarium nostrum deferri faciatis , prout praefatus willielmus vobis dicet ex parte nostra , ad negotia praedicta inde expedienda sicut praedictum est . et ita vos habeatis in hoc mandato nostro exequendo quod diligentiam vestram exinde meritò commendare debeamus . in cujus , &c. teste rege apud marleberg . . die novemb. et mandatum est thesaur . & baronibus regis de scaccario , quod praedictas quadringentas libras per vicecomites regis & praefatum willielmum levari , & ad scaccarium nostrum deferri faciant , reponendas ibidem in tuto loco ad negotia praedicta expedienda . item mandatum est justic . itinerantibus in comitatibus sur. & sussex , quod extractas suas de tota pecunia proveniente de finibus , amerciamentis & aliis exitibus itineris justic . regis itinerantium in comitatibus praedictis fieri , & elye de berkewey clerico edwardi filii regis & vicecomiti sur. & sussex . liberari faciant , u●pecuniam illam levari possint ad mandatum regis . teste rege apud merleberge . die novembris . although * walter de cantilupo bishop of hereford , was a great incendiary and supporter of the barons rebellions against the king , yet he licensed his successor godfry giford , to immure and embattle his episcopal houses like castles , both within the clause of worcestor , and at widdindon in gloucestershire by this patent , which neither he nor any other could then do without the kings special license . rex omnibus , &c , salutem . sciatis , quod concessimus pro nobis & haeredibus nostris venerabili patri godesrido , wygorn . episcopo , quod domos suas infra clausum suum wygorn . & quandam domum suam infra manerium suum de widdindon , in com , glouc. muro de petra & calce firmare possit & * kernellare , ad modum castri , & domos illas sic firmatas & kernellatas , ( fitter for soldiers then prelates ) tenere sibi & successoribus suis sine occasione vel impedimento nostri vel haeredum nostrorum imperpetnum . in cujus , &c. teste rege apud westm . . die octobris . the jews having built a church and a school contiguous to the oratory of the freers paenitents of jesus christ in london , who were disturbed and interrupted in the exercise of their spirituall offices , especially about the hour wherein they made the body of christ , by the continual howling and great noise the jews usually made after their manner in their said church and school ; the king upon proof thereof , by his soveraign ecclesiastical authority , and for salvation of his own and other soules , suppressed the said jewish synagogue , and gave it to the said freers and their successors with the lands belonging thereunto ; licensing the jews to erect another school if they thought meet , in some other place , so as it was not to the annoyance of the said freers , and their church , or any other churches , as this record attests . rex majori & vic. suis london . quià dilecti nobis in christo fratres de paenitentia jesu christi london . commorantes , per strepitum iudeorum confluentium ad ecclesiam suam quae contigua est oratorio dictorum fratrum , et etiam per ipsorum iudeorum continuam ululatum in eadem schola , juxta ritum suum , impedientur quo minus ea quae ad officium spirituale pertinent exercere possint circa celebrationem divinorum , praecipue hora confectionis corporis iesu christi , sicut per testimonium fidelium accepimus : nos ad divina inibi quietius celebranda , volentes praedict . impedimentum modis omnibus amoveri , ob salutem animae nostrae et animarum praedecessorum , et haeredum nostrorum , de gratia nostra speciali dedimus et concessimus praedictis fratribus et successoribus suis , in augmentum mansi sui ibidem praedictam scholam , una cum fundo ejusdem , habend . et tenend . eisdem fratribus et successoribus suis imperpetuum . et ideo vobis mandamus , quod eisoem fratribus de schola illa sicut praedictum est , plenam seisinam sine dilatione habere faciatis ; sustinentes quod praedicti iudaei sibi aliam scholam alibi , ubi ad minus nocumentum dictorum fratrum et ecclesiae suae et ecclesiarum aliarum fieri poterit facere , vel construere possint si voluerint , et sibi viderint expedire . teste rege apud sanctum edmundum . die septembris . anno dom. . a little before king henries death ; orta contentione inter cives & monachos norwycenses , cives norwycenses totam illam celebrem ecclesi● am suam cathedralem cumedificiis i●odium monachorum , instig●nte diabolico combusserunt . hos confestim cum sapientibus regni sui , adiit rex henricus , intendiarios trahens , pendens judicialiter & combrens jubens catalla fugientium fisco regio mancipari , as * matthew westminster and others relate . qui non contenti tanto facinore , vasa , libros , & jocalia , quae flamma non tetigerat , manibus sacrilegis asportarunt , cum cuppa aurea , quae pendebat ad majus altare , in quo corpus dominicum ponebatur . supra qua re indignatus admodum rex henricus , per pietatem , inquit . domini , vadam & videbo personaliter scelus istud , & juxta sua demerit a reddam illis . misit ergo illuc ante faciem suam justitiarium , militem quendam dictum tryvet , quem & justitiarium fecerat de corona . urgente autem mandato regio horroreque facinoris , magna multitudo convicta de scelere , ad caudas equorum tracta , suspendio judicata , so our historians ; to which our records superadde these ensuing writs and directions to sheriffs and others for the apprehension and punishment of these malefactors , expressing the kings high indignation against them . rex willielmo giffard . vic. norff. & suff. salutem . cum quidam blasphemiae filii et propriae salutis immemores nuper vi et armis insultum fecerint in monachos prioratus norwic. et in quosdam alios cum monachis ipsis in eodem prioratu existentes , et quamplures ipsorum interfecerint , ecclesiam et res sacras , ac domus prioratus illius combusserint , et alia sacrilegia ibidem animo irreverentiet infrunito multipliciter perpetraverint , in offensam divini nominis ac subversionem ecclesiasticae libertatis , nec non et in nostri dedecus , et perturbationem pacis nostrae gravissimam ; quae nobis angustiam et dolorem tanto vehementius intulerunt , quanto talia et tam detestabilia scelera nunquam hactenus est auditum per aliquos perpetrata fuisse . ac nos propter tantum et tam enorme facinus , prout exposcit rei qualitas puniendum , ad partes norwic. accedere festinemus ; vobis mandamus in fide , homagio et sub debito praestiti juramenti quibus nobis estis astricti , firmiter injungentes , quatinus omnes milites et libere tenentes , et habentes viginti libratas terrae vel ultra , venire faciatis coram nobis apud norwicum . ita quod sint ibi ad nos modis ommbus die iovis in octabis nativitatis beatae mariae prox . ventur . ad faciend . super hiis quod de confilio nostro praecise durerimus providendum . et hoc sub paena exhaeredationis , et periculo vitae et membrorum , nec non amissionis omnium bonorum et catallorum quae habent in regno nostro nullatenus omittant . et taliter , et tam efficaciter in executione praesentis mandati nostri vos habeatis , ne propter negligentiam , omissionem vel defectum vestrum ultionem praedicti facinoris in personam vestram , quod absit , oporteat retorqueri ; quod fieri faciemus si negotium istud per vos aliquatenus retardari contingat , et habeatis ibi hocbreve . in cujus , &c. teste rege apud sanctum edmundum . die septembris . item eodem modo mandatum est vic. cant. & hunt. quod habeat ibi die praedicto de comitatibus praedictis viginti & quatuor milites & liberè tenentes , habentes viginti libratas terrae & amplius . the king issued these writes to seise all the lands , goods and rents of the citizens and secure them ●till their tryall , that so the innocent might not suffer for the nocent . rex dilectis , & fidelibus suis hugoni peche . & galfrido de percy , & radulph● de bakepuz . salutem . cum ex testimonio virorum dignorum intelleximus pro certò , quod occasione cujusdam contentionis seu discordiae subortae inter priorem & conventum norwic. & suos ex parte una , & burgenses & communitatem villae nostrae norwic. ex altera , incendia , homicidia , & dampna plurima tàm in prioratu illo quàm in villa praedicta hinc indè jàm perpetrata sunt : nos nolentes quod illi de villa praedicta qui non sunt culpabiles de facto praedicto , seu quod innocentes pro nocentibus in hac parte dampnum , sustineant seu jacturam , mittimus vosad villam praedictam , ad eandem villam una cum omnibus bonis & catallis , terris & tenementis , redditibus , & aliis ad eandem villam spectantibus capiend . in manum nostram , & salvo custodiend . prout vestra discretio melius noverit expedire . mandavimus enim vic . nostro norff. & suff. & burgensibus nostris & toti communitati villae praedictae , nec non & omnibus ballivis & fidelibus nostris partium illarum , quod vobis in praemissis intendentes sint & respondentes , consulentes & auxiliantes , & quod vobis ad praemissa facienda & fideliter exequenda , diligenter assistant , prout eis scire facie●is ex parte nostra . in cujus , &c. teste rege apud westm . . die augusti . rex burgensibus & toti communitati villae suae norwic. salutem . cum ex testimonio virorum fide dignorum intelleximus pro certò , quod occafione cujusdam contentionis seu discordiae subortae inter vos ex parte una , & priorem & conventum norwic. ex altera , dampna plurima tam in villa quàm in prioratu praedicto , hinc inde jam perpetrata sunt . nos nolentes quod illi de villa praedicta qui non sunt culpabiles de facto praedicto , seu quod innocentes pro nocentibus in hac parte dampnum sustineant seu jacturam , mittimus dilectos & fideles nostros hugonem peche , galfridum de perce , & radulphum de bakepuz . ad villam praedictam , una cum omnibus bonis & catallis , terris & tenementis , redditibus & aliis ad eandem villam spectantibus capiend . in manum nostram & salvo custodiend . prout sua discretio melius noverit expedire , & eis plenius injuximus viva voce . et ideò vobis mandamus , quod eis hugoni , galfrido & radulpho in praemissis intendentes sitis & respondentes , consulentes & auxiliantes , prout ipsi vobis scire facient ex parte nostra . et hoc nullo modo omittatis . teste ut supra . he likewise issued this writ to the bayliffs of colechester , to apprehend all citizens of norwich , in , or passing by those parts , and to seise all their goods and merchandise in whose hands soever ; and detain them till further order . rex ballivis suis de colecestria , salutem . cum occasione contentionis & discordiae inter priorem & conventum de norwico , & burgenses nostros , ac communitatem villae nostrae de norwico subortae , capi fecerimus in manum nostram eandem villam de norwico donec aliud inde ordinaverimus . vobis mandamus firmiter injungentes , quod si aliquos de burgensibus ejusdem villae de norwico in partibus vestris inveniri contigerit , vel per partes vestras transitum faciant , ipsos arrestetis , & eorum bona , catalla & mercimonia in quorumcunque manibus inventa fuerint , sine dilatione capiatis in manum nostram , & ea una cum corporibus ipsorum salvo custodiatis , donec aliud indè praeceperimus . diligenter etiam inquiri & scrutari faciatis , si aliquis de balliva vestra praedictos burgenses , seu eorum mercimonia vel alia bona receptaverit , seu ea penes se detineat , & ea omnia quae in hac parte inveneritis & feceritis , distinctè & apertè conscribi faciatis . ita quod nos certiorare , & nos inde respondere possitis ad mandatum nostrum ; ita viriliter & diligenter vos habeatis in hac parte , quod fidelitatem & diligentiam vestram merito commendare debeamus . et ne pro defectu vestri in hac parte dampnum incurramus , propter quod ad vos & omnia bona vestra graviter capere debeamus . teste ut supra . mr. john * fox relates , that this controversie between the monks and citizens of norwich , fell out about certain tallages and liberties , that after much altercation and wrangling words , the furious rage of the citizens so much increased and prevailed , that so little was the fear of god before their eyes , that altogether they set upon the abbey and priory , and burned both the church and bishops palace . when this thing was heard abroade , the people were very sorry to hear of so bold and naughty an enterprise , and much discommended the same . at the last king henry calling for certain of his lords and barons , sent them to the city of norwich , that they might punish and see execution done on the chiefest malefactors , insomuch as some of them were condemned and burnt , and some were drawn by the heèls with horses through the streets of the city , and after in much misery ended their wretched lives . the * continuer of matthew paris , and john speed inform us , that king henry as soon as he could , having in his company the bishop of rochester , and the earle of gloucester , followed his justice thomas trivet to norwich , where beholding the deformed ruines of the burned church totally consumed , he could hardly refrain from tears . the bishop having therefore excommunicated all who consented to this wickednesse , and the judge executed the nocent , next the king condemned the town in three thousand marks of silver , to be paid by a day , towards the reparation of the church so burnt , and also to pay one hundred pound in silver towards the repair of a cup arising to twenty pounds in gold. cum rex henricus condignam ultionem norwicensibus dedisset sacrilegis , ( this publick act of zeal to religion and justice being the last act which he did as a king , ) he returning thence towards london , fell grievously sick at the abbey of st. edmunds in suffolke , where after he had in a religious manner prepared his soul , by acknowledging his fins , he rendred up the same to his redeemer , when he had reigned almost an old mans age , and more years then ever any king of england reigned either before or since , to wit fifty si● years and twenty dayes . a prince ( writes speed ) whose devotion was greater then his discretioni , as we see in permitting the depredation of himself and his whole kingdome by papal overswayings , the error of whose government concurring with the tumultuous treasons of his nobles , did precipitate him into many mischiefes ▪ out of which god almighty did strangely deliver him ; for if he had not been divinely protected , there is no cause for a reasonable man to doubt , but that his end had proved as headlong , as some of his own and his barons actions seemed to threaten . i must acknowledge , that this king henry in the beginning and latter end of his raign , not out of any devotion to the pope , but meer policy and pure necessity , did more comply with and connive at the incroaching innovations , usurpations , exactions of the popes and court of rome , then all his progenitors or successots , upon these several accounts , . by reason of the deplorable and almost desperate condition wherein his father king john , left him and the whole realm at the time of his death ; for the roman pontifs having but years before by menaces , wars , censures , interdicts , rebellions of his prelates and nobles , enforced him to enthrall himself and his realms to their vassallage , * left him an infant but nine years of age under the general disgust , hatred , disaffection of most of the english nobles and clergy , the hostile power of the french intruder lewes , before called in with a potent army , crowned king of england by the barons , john being but * regis imago , as his epitaph stiled him , & papae vassallus , for that little part of the realm he had possession of , having no treasure at all and scarce any revenue to support himself , to raise sorces , or renumerate such persons as should engage their lives & fortunes in his quarrell . in respect of all which concurrent difficulties ; he had no other probable meanes left to expell the french , reduce the revolted bishops , nobles to obedience , and recover the actuall possession of the city of london , orother garisons of his kingdome , but by the popes assistance ; which he and his legats readily afforded him , for preservation of his own usurped interest therein wrested from his father by force , fraud , treachery , rather then out of any affection to this young king. . the frequent conspiracies , rebellions of his bishops , barons against him , & their obstinate refusals to grant him ayds or subsidies in paliaments in a legal way , when his and the kingdoms necessities required them , or upon dishonorable termes ; which severall times enforced him , not only to overstrain his regal perogative , but likewise to make use of the popes usurped authority , legates , agents , to excommunicate the barons and other opposers , reduce the prelates and clergy ( his grand antagonists ) to obedience , and supply his necessities by croysadoes , dismes , and other extravagant meanes , whereof the pope and his agents usually got the greatest share ; who made use of his regal , as he did of their papal power , to fleece and poll the clergy , by sundry impositions and rapines . . the frequent use he had of the popes favor , mediation , power , legates , to maintain his interest in france , to make leagues , truces with the french king , and other forraign princes , states ; to obtain the kingdom of sicily and apulia for his youngest son , ( wherein he was grosly cheated by the pope , ) to gain the german empire for his brother richard , and bishop●icks or other ecclesiastical preferments for his queens forreigne kindred , who were no waies qualified for them ; else when he was free from such necessities and entanglements , he alwaies joyned with much gallantry and resolution with his nobles and people in opposing all the popes usurpations , encroachments , innovations , exactions , and his own prelates invasions of his and his subjects prerogatives and rights , as much as any of his predecessors , as his premised letters , prohibitions , proceedings against them from time to time demonstrate ; especially his embassy , and letters to the pope at the council of lyons , and banishing * martin the popes oppressing nuncio out of the kingdom , thus briefly related by walsingham a anno . innocentius papa celebravit concilium apud lugdunum ; ad quod missi sunt per regem angliae de consilio praelatorum , comitum & baronum viri nobiles ▪ . dato eis advocato magistro gulielmo de powike , ut concessioni regis johannis de c●nsu annuo pro anglia & hybernia contradicerent , eo quod de regni assensu non processerat ; sed & per cantuariensem archiepiscopum fuerat reclamatum vice totius regni : sed papa hoc indigere morosa deliberatione respondens , negotium posuit in suspenso . praelati angliae hoc anno conquesti sunt regi de oppressione ecclesiae anglicanae , cujus proventus omnes & redditus italici occupabant , propter quod magistro martino domini papae consanguineo , qui major inter caeteros , aliorumque tutor in hujusmodi negotiis videbatur & defensor , ut evacuet regnum indilate regio mandatur edicto . yea had not the bishops then most unworthily betraied both the kings & emperors rights , crowns , in subscribing the * popes new draught of king johns surrender of his crown , when the old was burnt , and publishing his excommunication and deprivation of the emperor , and yeilded up their own rights by their inexcusable cowardise , the pope , had then lost all his former usurped interest and authority within our realms . but what any popes unjustly gained , extorted by these necessities , fears , weaknesses , excommunications , interdicts or intestine wars , either from this king henry , or his father king john , they soon after gradually lost by the courage , wisdome , resolution , vigilance of his son , grandson , and great grandson king edward the . , & d. as i shall ( god assisting me ) undenially evidence by irrefragable yet unpublished records during their successive reigns , in my next ensuing volume ▪ in the mean time i shall close up his life with b wal●inghams , and c rishangers character of him ( which will please our pontificians ) iste rex , quantum in actibus saeculi videbatur minus prudens ▪ tanto apud dominum majori devotione pollebat ; singulis namque diebus tres missas , cum nota solebat audire , et privatim plures audire cupiens , assidue assistebat celebrantibus . et cum sacerdos corpus dominicum elevaret , manum sacerdotis tenere , & illam osculari solebat . contig it autem aliquando s. lodowicum , francorum regem , cum eo super hoc conferente , dicere , quod non semper missis , sed frequentius serrmonibus audiendis esset vacandum . cui faceta urbanitate respondens , ait : se malle amicum suum saepius videre , quam de eo loquentem , licet bona dicentem , audire . now to recreate my tyred readers , of this voluminous tome , i shall conclude it with this lively poeticall description of the citie , popes , and court of rome , written by * gualther mapes archdeacon of oxford , flourishing under king henry the second , richard the first , and king john , an eye witness of them whiles he was in rome , anno dom. . roma mundi caput est , sed nil capit mundum : quod pendet a capite , totum est immundum . trahit enim vitium primum et secundum ; et de fundo redolet , quod est juxta fundum . roma capit singulos , et res singulorum , romanorum curia non est nisi forum . ibi sunt venalia jura senatorum , et solvit contraria , copia nummorum . in hoc consistorio si quis causam regat , suam vel alterius , hic in primis legat : nisi det pecuniam , roma totum negat ; qui plus dat pecuniae , melius allegat . romani capitulum habent in decretis , vt potentes audiant manibus repletis . dabis aut non dabitur , petunt quando petis , qua mensura seminas , eadem tu metis . munus et petitio currunt passu part , opereris munere , si vis operari . tullium nec timeas , si velit causari ; munus eloquentia gaudet singulari . nummis in hac curia non est qui non vacet . crux placet , rotunditas placet , totum placet , et cum ita placeat , et romanis placet , vbi munus loquitur , et lex omnis tacet . cum ad papam veneris , habe pro constanti : non est bonus pauperi , soli favet danti . et si munus praestitum non sit aliquanti , respondet hic tibi sic , non est mihi tanti . papa quaerit , chartula quaerit , bulla quaerit , porta quaerit , cardinal quaerit , cursor quaerit , sed si dares omnibus , at uni deerit ; totum mare salsum est , tota causa perit . laus deo , vivat rex in secula . finis . an additional appendix . some passages pertinent to my chronologicall history , being casually omitted in their due series of time , i thought meeter to supply by this appendix , then to insert them out of their proper places . book . chap. . p. . l. . this should haue been inserted ; king edward the elder anno . after this division of the bishoprick of winchester into two bishopricks and diocesse , ratified all lands and liberties granted them by his progenitors , and limited the bounds of the bishops lands , by his charter wherein he recites . ego eaduveardus , divina largiente clementia angul-saxonum rex , tempore quo diocaesim wentanae ecclesiae in duas divisi parochias , obnixe rogatus fui à hithelstano episcopo , quem tunc ecclesiae praedictae episcopum statuorum , ut novarum astipulatione literarum , s. ecclesiae testamenta , uti olim ab antecessoribus meis cynegisto & ernerewalho , multisque eorum successoribus devotè tradita , atque restaurata fuerant confirmans , renovarem . which he did by a charter , ( printed at large in monasticon anglicanum , to which i referre you ) subscribed by himself , archbishop plegimud , sundry bishops , dukes , presbiters , & officers . by this recital , the truth wherof they all attest , it clearly appears , that this king by his regal authority ( not the pope or any other ) did originally , authoritatively divide , constitute this bishoprick , new diocesse , bishop , as king * ethelred divided his kingdom into severall bishopricks and diocesses before him , and placed bishops in them , endowing them both with lands and goods book . chap. . p. . l. . these memorable legal proceedings in the third year of king johns reign , should have been inserted , vindicating his ecclesiastical soveraignty , and strenuous opposition against the popes bulls and delegates , which william thorne in his chronicle hath thus recorded to posterity . anno domini . rex johannes quorundam aemulorum istius monasterii consiliis stimulatus , caepit gravitèr istud monasterium persequi , ratione ecclesiae parochialis de feversham , cujus patronatum simul & donationem sibi vendicabat , licet minus justè : sicut enim rogerus iste abbas tempore quo electus fuerat , ob ejus benedictionem promerendam multas angustias sustinuit , ab archiepiscopo richardo , & capitulo christi cant. ejus benedictionem impedientibus , ut igitur sibi amicos , & precipuae in curia regis perquireret , ad preces regis henrici , patris regis johannis , praedictus rogerus tunc electus , suo conventu inconsulto ac reclamante , dedit ecclesiam de feversham , cuidem clerico de camera regis privato , nomine osberno de camera , sub pensione sex marcarum annuatim reddendarum monachis sancti augustini tanquam rectoribus ecclesiae antedictae . hac igitur causa & ratione rex johannes jus sibi praesentandi in eadem ecclesia vendicabat . mortuo igitur osberno qui se pro rectore ecclesiae parochialis de feversham gerebat , sub die ascensionis dominicae anno supradicto , missus est brandanus monachus & quidam magister stephanus ex parte abbatis & conventus sancti augustini , ut corporalem acciperent de ecclesia praedicta de fever sham possessionem . qui venientes apud fever sham die sabbati proximo sequente post mortem osberni praedicti , invenerunt magistrum everardum tunc officialem archdiaconi cantuariensis in proticu ipsius ecclesiae . protestati igitur praedictus brandanus monachus & magister stephanus coram officiali antedicto , jus abbatis & monachorum sancti augustini cant. quod se in ecclesia de faversham habere dicebant , exhibuerunt instrumenta autentica tàm regum willielmi , herrici secundi , & richardi , confirmationem quoque caelestini papae inhibentem expressè abba●● & conventui s. augustini cantuariae , ne ecclesias de faversham , & de middleton alienent ab usu proprio , aut aliquo alienationis titulo praedictas ecclesias personae conferant seculari . quorum authoritate instrumentorum praedicti brandanus & stephanus statim ingressi sunt possessionem ipsius ecclesiae de faver sham nomine abbatis & conventus , & coram parochianis pro se & pro suo monasterio & ecclesiis suis , & maximè pro ecclesia de faversham , ad dominum papam solemniter appellaverunt . in eodem etiam porticu praedictus brandanus monachus presentavit officiali antedicto quendam capellanum herebertam nomine , ex parte abbatis & conventus ministraturum in ipsa ecclesia , quia archiepiscopus tun● agebat in remotis . quem capellanum cum officialis non admisisset , iterum eodem die in capitulo hosprenges praesente eodem officiali ipsum capellanum praesentavit , & praedicta instrumenta in audientia totius capituli fecit recitari , & appellationes , ut supra , solempniter innovavit . abbas vero ex quibusdam verisimilibus & probabilibus conjecturis , quantum ad jus & proprietatem ecclesiae suae antedictae de feversham periculum sibi & monasterio suo imminere perpendens , die jovis proximo ante festum pentecostes ad ecclefiam suam praedictam cum majoribus de suo consilio personaliter accessit , et primo in domibus personatus ecclesiae supradictae , pro se et suo monasterio ad dominum papam solempniter appellavit , ac etiam pro statu clericorum ecclesiarum et parochianorum omnium ad monasterium sancti augustini pertinentium , et maxime pro ecclesia sua de faversham , et pro monachis suis in ipsa ecclesia nomine ipsius et monasterii sancti augustini tunc existentibus . indeque profectus ad ipsam ecclesiam , convocatis parochianis in praesentia decani loci & aliorum quamplurimorum , eandem appellationem innovavit : duplex enim imminebat conflictus , et duplex periculum , rex advocationem ecclesiae praedictae vendicabat , archidiaconus custodiam ipsius ecclesiae praedictae , tanquam vacantis , et fructus medii temporis , ac etiam caeterarum ecclesiarum nostri patronatus quaesivit . set de altercatione cum domino rege me expediam , ad archdiaconum postea rediturus . defuncto igitur osberno de camera qui ecclesiam de faversham ut supradictum est tenuerat , rex johannes ipsam ecclesiam contulit cuidam simoni archdiacono wellensi & archiepiscopi vicecancellario , & ipsum simonem ad eandem ecclesiam archiepiscopo praesentavit ; sed monachis nostris per appellationes & alia juris remedia se opponentibus , & tàm in ecclesia quàm in domibus personatus praedicto simoni & ejus institutioni viriliter resistentibus , institui nullatenus potuit . quibus auditis , rex scripsit abbati & conventui sancti augustini in haec verba . johannes dei gratia rex anglia , &c. dilectis abbati & conventui sancti augustini cant. salutem . concessimus ut nostis , dilecto & fideli nostro simoni archidiacono wellensi ecclesiam de faversham , quae est de donatione nostra , & eum domino cantuariensi archiepiscopo ad eam praesentavimus . verum quiâ sicut accepimus , vos jus vobis in ea vendicantes , jus nostrum & praesentationem nostram & ipsius clerici nostri institutionem hactenus impedistis , unde miramur non modicum & movemur , mandamus vobis rogantes quatenus occasione & dilatione remotis , ipsum in hac parte de caetero non inpediatis , sed permittatis quod ipse in ea instituatur , sive ad nos pertineant donatio , sive non , sicut vultis ad nos in negotiis vestris recursum habere & a nobis exaudiri . teste meipso , &c. hiis itaque gestis , habita deliberatione quid consultius foret , missi duo monachi nostri ex parte abbatis & conventus ad regem , tunc in partibus normanniae agentem , qui ingressi ad regem , exhibuerunt ei cartam williemi conquestoris super donatione ecclesiarum de middleton & faversham , ac etiam cartas henrici primi , stephani , henrici secundi , & richardi regum angliae , super confirmatione praedictarum ecclesiarum ; confirmationem quoque theobaldi & huberti archiepiscoporum , ac etiam confirmationem caelestini papae simul & inhibitionem , ne abbas vel conventus praedictas ecclesias de middleton & de faversham alienent ab usu proprio , aut aliquo alienationis titulo personae conferant seculari ; petierunt insuper monachi nostri & obnixius precabantur , ut praedictas ecclesias ecclesias dominus rex sicut & proge ●●o●●s sui fecerant , ipse etiam confirmaret . et ut petita facilius impetrarent , magnam pecunlae summam pro hu jus confirmatione se daturos regi spondebant . sed rex nec prece nec pretio inclinatus , petitis nullatenus adquievit ; unde & sub hac forma non multum post rescripsit . johannes dei gratia rex angliae , &c. abbati & monachis sancti augustini cant. salutem . volumus vos scire , quod nos jam dedimus dilecto & ●●deli nostro simoni archidiacono wellensi ecclesiam de faversham , quae vacat & est de donatione nostra , & ipsum domino cantuariensi praesentavimus , & quoniam , sicut nobis & consillo nostro videtur , ratione cartarum quas nobis ostendistis nullum jus vobis competit , eam conferendi vel in proprios usus retinendi ; prohibemus vobis , ne vos aliquatenus apponatis quo minus donatio nostra rata consistat , moleste enim feremus siquid feceritis in hac parte contra jus nostrum et libertatem , nec illud fieri sustinebimus . undè vobis consulimus , quod ità vos contra nos & eundem simonem in hoc negotio habeatis , sicut vultis quod nos habeamus nos erga vos in negotiis vestris & domus vestrae . teste meipso , &c. sed & ipse archiepiscopus pro eodem simone , scripsit sub hac forma . hubertus dei gratia cantuariensis archiepiscopus , totius augliae primas , dilectis in christo abbati & conventui sancti augustini cant. salutem , gratiam & benedictionem . audivimus dominum regem vobis scripsisse pro dilecto filio nostro simone archdiaco wellensi , super ecclesiam de feversham , & quoniam scimus certissimè dominum regem ipsius simonis in hac parte velle promotionem , quem & nos similiter multum desideramus , dilectioni vestrae diligenter duximus scribendum , moventes , consulentes & affectuosè supplicantes , quatenus intuitu dei & petitioni , domini regis , & nostri , salvo jure vestro memoratum simonem in ecclesia illa promovere velitis , ipsam ei quantum in vobis est benignè , si placet , concedentes ; si verò per vos in hac promotus fuerit , credimus & certi sumus , quod per eum poterunt facilius cartae vestrae tàm de ecclesia illa quèm de aliis à domino rege vobis confirmari , & alia negotia domus vestrae promoveri , ad quae nos curam & sollicitudinem diligenter apponemus : scire autem volumus , quod non habemus aliquem tàm carum vel tàm specialem cujus promotionem magis desideramus qu●m ipsius simonis in hac parte , valete . set monachi augustinenses nec archiepiscopi addulationibus flexi , nec regiis minis à proposito moti , licet multum consternati , se viriliter in ipsa ecclesia de feversham & in ipsis domibus personatus tenuerunt ; & tàm regiis ministris quàm archiepiscopi officialibus ingressum undique constanter prohibuerunt . quibus audtis , rex quasi in furiam versus , jussit tam ipsi ecclesiae de feversham quam domibus personatus ejusdem ignem apponi , et tam monachos quam seculares qui in ipsis inventi essent , simul cu●● ipsis domibus et ecclesia conflagrari : set nemine tam saevam jussionem adimplere volente , sed cunctis dissuadentibus regi ne tam horridum facinus perpetraret ; rex tandem animi furorem temperans , licet non de ponens , scripsit vicecomiti kanciae in haec verba . johannes dei gratia rex angliae &c. vicecomiti kanciae salutem ; scias , quod dedimus dilecto nostro simoni archidiacono wellensi ecclesiam de faversham , quae vacat & est de nostra donatione : & quoniam sicut audivimus , abbas & monachi sancti augustini jus sibi in ecclesia illa vendicantes , donationem nostram nituntur impedire , tibi mandamus & firmiter praecipimus , quod si fortè praedicti monachi se in ecclesiam illam intruserint , & se in eadem ecclesia tenuerint , ipsos monachos et fortiam eorum inde sine dilatione facias amoveri , et curam diligentem apponas ad jus nostrum in ecciesia illa conservandum , et ad hoc ut praedictus archidiaconus illam habeat . teste , &c. vicecomes igitur hoc accepto regis mandato , impiger ad explendum regis jussionem , utpotè qui adversariorum nostrorum in hoc stimulabatur pecunià , ad ecclesiam de faversham accessic ; & primò quendam nostrum monachum osb●rtum nomine qui ad custodiam domorum personatus per abbatem deputabatur , complices ipsius v●cecomitis , hemicus videlicet cognomine doget , radulphus blundus , osbertus filius reimberti & galfrid●s de middl●tone jussu ipsius v●cecomitis & authoritate , tàm ipsum osb●rtum , quam alios seculares qui cum eo erant , manu violenta extrarerunt a domibus praedictis , et tam ipsum monachum quam ejus socios male tractaverunt , plagis impositis semivivos relinquentes . inicia dolorum haec , set nondum statim finis . nam ipse vicecomes manum habens ad malum extentam , ad ecclesiam de feversham personaliter accessit , & inveniens ipsam intrinsecus munitam , non tam monachis quam etiam secularibus validis , ab ingressu ipsius ecclesiae non minus sapienter quàm reverenter se temperavit , quomam fores erant clausae , & intus * milites custodientes templum . videns itaque vicecomes quod ei liber non pateret introitus in ecclesiam , ipsam ex omni parte artissima obsidione vallavit , ponens custodes in ipsis hostiis ecclesiae per diem & noctem , ut sic monachi fame & augustia afflicti compellerentur ecclesiam gratis deserere . duravitque haec obsidio continuè a pridie kal. augusti , * usque in crastinam assumptionis sanctae mariae ; quae qualiter tunc solveabatur postea dicemus cum de persecutione archidiaconi cantuariensis , magistri henrici de sanford , parumper pertractaver mus . de●uncto o. de camera personam quondam de faversham ut supradictum est , monachisque sancti augustini ipsius ecclesiae de feversham possessionem pacificè ingressis , capellano per eosdem monachos officiali archidiaconi praesentato , set non admisso , ●icet nulla causa recu●ationis tunc objecta , evolutis aliquantis diebus post praesentationem & recusationem praedictas , magister everardus officialis domim archidiaconi ad ecclesiam de faversham accedens , ecclesiam ipsam suspendit , monachos in ea residentes , et omnes eis communicantes de facto excommunicavit , cum de jure non posset , tam propter privilegia eorum , tam propter appellationes ab eisdem ad sedem apostolicam interpositas , sepulturam etiam mortuorum interdixit ; unde multa defunctorum corpora extra cimiterium ipsius ecclesiae tradita fuerunt sepulturae , & purificationes etiam quarundam mulierum extra parochiam fuerunt celebratae , nam parochianis de fav●rsham mandavit archiepiscopus per officialem suum , ut alias ecclesias licenter & liberè frequentarent , & in ipsis ecclesiastica sacramenta perciperent , defunctorumque suorum corpora ad alia loca humanda prolibito deferrent : set ipsi parochia●i , nec per tribulationem , nec per angustiam à devotione quam erga matricem suam habebant ecclesiam , velut fidilissimi filii , nullatenus potuerunt amoveri , set super hiis omnibus ad papam unanimiter appellaverunt . unde efluxo aliquantuli temporis curriculo quosdam majores de faversham qui monachis sancti augustini communicaverant , fecit archiepiscopus nominatim excommunicatos denunciari , et iusticiario domini regis literis suis mandavit , ut caperentur et in carcerem regis puniendi detruderentur ; set et ipsi timentes archiepiscopi tyrannidem qui tunc custos erat angliae , ipso rege in partibus normanniae agente , ministrorum regis manus qui ad eos capiendos mittebantur fugae praesidio evaserunt . ipse etiam archiepiscopus cum per uillam de faversham transtitum faceret , occurrenti ei populo uillae et benedictionem ejus petenti , dixit , . se eos nec velle , nec debere benedicere eo quod habebat eos omnes excommunicatos . super 〈◊〉 bus et singulis injuriis multis appellationibus interpositis universi tas burgensium de faversham domino papae satis lachrymo●●s epistolis conquerebatur , in sine ejusdem epistolae sic concludendo . quod nisi divina miseratio et romana pietas illis velit celerius subvenire , et tam circa ipsos quam circa monachos angustinenses errata ultrice manu efficaciter studuerit corrigere , omnes populi quocunque f●●nus rerum gestarum se diffuderit , in errorem corruent irremedialem , ut qu● hucusque legem et prophetas ac evangelium fuerint secuti , de caetero pro poetarum figmentis omnia reputabunt : vilescetque ecclesiastica doctrina , et a reverentia romanae ecclesiae quae apud cantuarie●ses archiepiscopum et archidiaconum nulla est , ( note it ) populus totaliter , nec immerito recedet . set nunc ad monachos obsessos in ipsa saepedicta ecclesia revertamur . instante festo assumptionis bea●ae virginis mariae , rogerus abbas ut erat vir magnanimus , condolens monachorum suorum & servorum afflictioni & angustiae , eo quod acceperat per internuncios , quod nisi quantocius obsessis subveniret , ipsam ecclesiam gratis desererent , ut qui jam quatuor diebus transactis nichil c●bi aut potus habuissent , omnibus victualibus eorum consumptis , praeter alia incommoda quae sustinebant . unde deliberato cum fratribus & aliis amicis consilio , in crastino assumptionis ad ecclesiam de faversham abbas iter suum direxit , magna * stipatus familia & manu valida ; cujus adventum praesentientes ministri regis , immò sathanae satellites , ( o the modesty of these monks thus to stile the kings officers ! ) qui ipsam ecclesiam obsederant , fuga dilapsi sunt . abbas vero ipsam ecclesiam intrans , eam ferè per mensem pacificè tenuit , donec vicomes kanciae per ministros suos & complices ipsum abbatem de praefatae ecclesiae possessione violenter ejecit ; nam octavo kal. octobris , ministri vicecomitis kanciae cum quibusdam militibus , ac etiam populi multitudine non modica accesserunt in manu armata , quorum adventum abbas rogerus praesentiens , seipsum cum quinque monachis & paucis quibusdam familiaribus in ipsa ecclesia obseratis , ut qualitercunque januis interclusis ad cautelam continuit , malens injuriam sustinere , quàm aliis inferre : sed sathanae satellites nec honori dei aut ecclesiae differentes , in ipsam ecclesiam sicut leones in praedam irruerunt , hostia cum machinis oppositis effregerunt , abbatem violenter ejecerunt , monachos vero alios per brachia , alios per pedes collisis in terra capitibus extraxerunt , pavimento ecclesiae sanguine monachorum undique rubricato . abbas vero ejectus incontinenti ad audientiam summi pontificis appellavit , ne ecclesia illa reconciliaretur , nec * divina in illa celebrarentur donec super hoc dominus papa consuleretur . nihilominus tamen g. decanus per laicam manum introductus est in ipsam ecclesiam , quasi loco archiepiscopi , & custodiam ipsius ecclesiae per aliquantum temporis habuit . dum haec itaque gererentur missi sunt ad archiepiscopum ex parte abbatis , brandanus monachus & magister stephanus clericus . qui invenientes eum apud uffington juxta stanford , exposuerunt ei qualiter officialis archdiaconi post appellationes abbatis , tot & tociens interpositas non solum monachos in ecclesia de faversham consistentes , set etiam omnes rectores ecclesiarum de patronatu sancti augustini eorumque familiares & parochianos omnes qui terras aliquas de abbate tenuerunt , generaliter excommunicaverit , et per totam diocesim excommunicatos denunciari mandavit ; ecclesias etiam ipsorum omnes suspendit , sacramentalia in eis interdixit , praeter baptismum parvulorum et penitentias morientium . praedicti siquidem nuncii abbatis rogaverunt archiepiscopum , ut praedictas sententias tam erroneas per officialem archdiaconi latas , ipse revocaret . quibus respondit archiepiscopus , se ratum et gratum habere quicquid officialis archdiaconi fecerit , et se manum aggravare , nisi citius custodiam ecclesiae de faversham gratis traderent , ignorans penitus adhuc de ejectione abbaris . et ecce ipsis adhuc loquentibus accesserunt duo monachi sancti augustini eidem archiepiscopo graviter conquerentes , quod abbas sancti augustini & monachi sui de ecclesia de faversham violenter per manum laicam fuissent ejecti , factum & injuriam ex ordine sibi exponentes . quo audito , archiepiscopus ultra quam credi potest animo consternatus , timens quod factum ejus nomine fuisset , licet ipso ignorante , nec ratum habente , quoquomodo per lapsum temporis in caput suum redundaret , statim tulit sententiam excommunicationis in genere , in omnes illos qui dictam violentiam abbati & monachis intulerant , dicens quod tam horribile factum , aut tàm enorme non fuit perpetratum in anglia post interfectionem sancti thomae , martyris . quam sententiam excommunicationis tàm in generali synodo , quàm alibi archiepiscopus multotiens innovavit , & per totam suam provinciam literis suis demandari praecepit . sententiam etiam suspensionis & interdicti quam officialis archdiaconi in ecclesias & parochianos de patronatu sancti augustini tulerat , ipse revocavit ; quae sententia per septem ebdomodas duraverat . acta fuerunt haec die veneris proximo post festum sancti michaelis anno supradicto . eodem anno in crastino apostolorum simonis & judae h. archidiaconus e. officialis ejusdem , & g. decanus , cum aliis quibusdam capellanis vicinarum ecclesiarum venerunt ad ecclesiam de faversham , ut altaria in ipsa diruerent in detestationem & opprobrium monachorum sancti augustini . quod praesentiens prior s. augustini e●s occurit , & innovans appellationem ab initio factam , requisivit qua authoritate & qua de causa haec attemptarent ? cui e. officialis pro archidiacono respondit ; quod perpraeceptum archiepiscopi , eo quod monachi excommunicati in ipsis celebraverant super quo praedictus prior specialiter appellavit coram multitudine parochianorum qui condolentes confluxerant ; archidiaconus tamen spreta appellatione altaria diruit , ecclesiam reconciliavit , ipsas etiam pallas altarium & corporalia fecit comburi , & calices conflagrari . abbas igitur rogerus & conventus sancti augustini talibus & tantis undique impetiti injuriis , & vexati opprobriis ▪ in sola dei misericordia et curiae romanae subsidio spem ponentes , mittunt priorem suum romae ad papam innocentium . qui ei injurias & gravamina monasterio sancti augustini illata deberet exponere , & super tantis excessibus remedium in forma juris expetere . quibus tàm in privato quàm in publico consistorio expositis , papa sic fertur respondisse . nos qui providente dei misericordia ad universalis ecclesiae regimen sumus vocati ecclesiae beati augastini , romanae ecclesiae propriae et specialis prae caeteris filiae , in juribus suis et privilegiis nulla ratione poterimus , nec volumus deesse , sed eam , domino juvante , contra potentes potenter defendemus quatenus ordo juris exposcit , et suadet ratio aequitatis . unde scripsit quibusdam conjudicibus delegatoriis , in haec verba . innocentius episcopus servus servorum dei , venerabili fratri eliensi episcopo , & dilectis filiis abbati & priori sancti edmundi , norwycensis diocesis salutem , & apostolicam benedictionem . significarunt nobis dilecti filii abbas & conventus sancti augustini cant. quod cum ecclesia de faversham cujus fuerant possessionem adepti , ad se pertinere contenderent pleno jure , licet & charissimus in christo filius noster johannes rex angliae illustris & venerabilis frater noster cant. archiepiscopus , jus sibi in ea vellent vendicare , laici quidam propriis nominibus nobis designandi cant. diocesis , in abbatem & monachos infra ipsam ecclesiam usque ad effusionem sanguinis manibus violentis injectis , ipsos de eadem ecclesia per violentiam temerè ejecerunt . volentes igitur eisdem abbati & monachis paterna sollicitudine providere , discretioni vestrae per apostolica scripta mandamus atque praecipimus , quatenus si res ita se habet , laicos ipsos & eorum complices tamdiu appellatione remota excommunicatos publicè nuncietis , & mandetis ab omnibus acrius evitari , donec passis injuriam satisfaciant competenter , & cum vestrarum testimonio literarum nostro se conspectui repraesentent . authoritate quoque nostra sub interminatione anathematis districtè prohibemus ne quis in civitatibus , oppidis , villis aut aliis locis ad quae ipsos contigerit devenire , ipsis praesentibus praeter baptisma parvulorum & paenitentias morientium * divina celebrare praesumat , aut cum eis sub specie cujuscunque contractus aliquid permutare . volumus etiam & mandamus , ut a moto quolibet illicito detentore , non obstante cujuscunque praecepto , sublato appellationis obstaculo , in eum statum reducatis & conservetis abbatem & monachos antedictos , in quo fuerant ante violentiam attemptatam . testes autem qui nominati fuerint , &c. quod si non omnes , &c. tu frater episcope , &c. commisit etiam dominus papa eisdem judicibus causam spoliationis domorum personatus , et violentiae factae osbèrto monacha in ipsa spoliatione . et quia istius commissionis licet verba discrepent , vis tamen & effectus est idem cum priore , nisi quod in ista commissione nominantur henricus doget , & complices sui qui superius nominantur in ipsa ejectione ipsius osberti , ideo causa brevitatis formam istius secundae commissionis non scribo . set istae literae domini papae quae sperabantur esse consolationis et auxilii , nisi deus prospexisset , fuissent causa majoris afflictionis et periculi . nam cum istae literae fuissent iudicibus oblatae , et ipsi in causa monachorum secundum formam eis a domino papa traditam judicialiter incepissent procedere , milites et alii majores qui abbatem de possessione ejecerant , ad galfridum filium petri com. essex . et tunc capitalem iusticiarium angliae confluxerunt , consilium et auxilium ejus contra abbatem sancti augustini postulantes . qui comes assumptis secum eorum majoribus , ad regem tunc in normannia existentem transfretavit , exponens regi , quomodo abbas sancti augustini literas apostolicas impetrasset , ad dominum elyensem et socios super spoliatione ipsius ecclesiae de faversham , et quomodo judices in causa ipsa processerunt ; adjecit etiam praedictus comes , quod nisi processus iste per judicium citius revocetur , erit in confusionem omnium , qui in ejectione ipsius abbatis fuerant , et etiam in * opprobrium regiae dignitatis , cum haec de mandato ejus processissent . quo audito , rer iracundia fremens , literas comminatorias simul et prohibitorias abbati et conventui direxit , in haec verba . johannes dei gratia , &c. abbati & conventui sancti augustini cant. salutem , quam meruerunt . scimus vos non ignorare , qualiter decedente rectore alicujus ecclesiae , si de ea inter aliquos de praesentado oriatur contentio , ea secundum regni nostri consuetudinem in manu diocesani loci salvo debet consistere , quousque in curia nostra discussum fuerit , ad quem ejusdem praesentatio debeat pertinere , & si qua partium in eam sese interim duxerit intrudere , ea manu regia si opus fuerit amovere debebit . cum itaque decedente rectore ecclesiae de faversham innotuisset nobis , eam ratione ultimae praesentationis , ad nos tanquam ad patronum pertinere , & nos ad eandem cuidam clericorum nostrorum duximus conferre , vos authoritate propria , in nostri et juris nostri contemptum ●eam occupare , et contra nos et regni nostri consuetudinem violenter detinere praesumpsistis , qua de causa vos ab ea de consilio magnatum et fidelium nostrorum secundum regni nostri consuitudinem fecimus amoveri . nolentes in persona nostra praetermittere quod universis de jure et regni nostri consuetudine tenemur inpendere . veniente verò nuper in normanniim dilecto & fideli nostro g. filio p. com. essexiae , & justic . nostro , tam per fidelem ejusdē quam aliorū qui cum eo venerant● insinuationē accepimus , quod vos qui fideles nostri esse deberetis , literas apostolicas , quod sine admiratione , et mentis turbatione non dicimus , contra nos et coronae regiae dignitatem , quam in diebus nostris pro posse deprimere contenditis , ad dilectos dominum scilicet elyens . et conjudices suos impetrare curastis , in quibus inter caetera continetur , quod laicos quosdam qui ex praecepto nostro vos dictam ecclesiam contra nos et dignitatem nostram violenter detinentes , ab ea secundum regni nostri consuetudinem amoverunt , et eorum complices , ( quod nos tangere liquido perpendistis ) excommunicatos ubique denunciarunt , reducentes vos ad statum et in eo conservant quam antequam amoti essetis habuistis . et quia in hujus impetratione contra nos et coronam nostram ( quod per dei gratiam cum se locus optulerit nullatenus relinquemus inultum ) manifeste venire praesumpsistis , nec credimus dominum papam si sibi de jure et inveterata regni nostri consuetudine plenius innotuisset pro vobis scripsisse sub hac forma . unde in fide quam nobis et coronae nostrae servare tenemini , mandamus atque praecipimus , quatinus ab hujusmodi prosecutione mandati apostolici quod contra nos et regni nostri consuetudinem fraudulenter et infideliter elicere procurastis , sicuti ea quae de nobis tenetis diligitis . ita vos in hoc et in aliis exhibentes , ne indevotionis vestrae excessus majoris quam deceret sit occasio tumultus , et regiae indignationis severitatem ultra quam expediret in se mereatur provocare . teste meipso apud rothomagum . die martii . the king likewise issued this writ of inhibition to the popes judges delegats . scripsit eteiam rex domino eliensi & conjudicibus suis sub hac forma . iohannes dei gratiâ , rex angliae , &c. venerabili in christo patri , e. eadem gratia elyensi episcopo , & dilectis sibi abbati & priori de sancto edmundo salutem . inter caeteras regni nostri consuetudines ( as before ) & infra , ubi ennarrat de consuetudine quando est lis inter aliquos de advocatione alicujus ecclesiae , ut in priori rescripto . narrat etiam qualiter monachos per manum laicam fecerat amoveri , & post veniente nuper ad nos in normanniam dilecto & fideli nostro g. filio petri com. essexiae , & justiciario nostro , tam per ejusdem quam aliorum qui cum eo venerant fidelium nostrorum insinuationem accepimus , monachos sancti augustini , quod sine admiratione non dicimus , literas apostolicas vobis porrexisse , in quibus inter caetera continetur , quod laicos quosdam qui ex praecepto nostro sub forma praetaxata abbatem et monachos , suos , qui ecclesiam de faversham contra nos et regni consuetudinem violenter detinentes authoritate nostra amoverant et eorum complices excommunicatos ubique denunciaretis , dictos abbatem et monachos ad eum statum reducentes et in eo conservantes , quo fuerunt antequam ab ipsa ecclesia fuerant amoti . et quia eos in hujusmodi impetratione contra nos et coronae nostra dignitatem , ( quod sub dissimulatione nullatenus poterimus praeterire ) manisestius constat venisse , nec credimus dominum papam si sibi de jure et veterata regni nostri consuetudine plenius innotesceret discretioni vestrae scripsisse sub hac forma , vobis qui regni et coronae nostrae jura et dignitates nobiscum manu tenere debetis et tueri , in fide qua nobis tenemini mandamus , quatenus in hujus mandati cognitione , sicuti ea quae de nobis tenetis diligitis , desistatis omnino . dat. ro●homagi . die maii. taliter igitur inhibitionibus regiis monachi sancti augustini terrebantur , nec mirum , set à proposito minime flectebantur . confidentes enim de causae justicia , apud iudices suos acrius instabant , ut ipsi in mandato apostolico secundum formam eis traditam absque personarum acceptione procederent . iudices igitur non volentes nec valentes monachis in sua deesse justitia , ne forte inobedientes apostolicis arguerentur mandatis , literas excusatorias domino regi scripserunt sub hac forma . domino suo dilectissimo johanni dei gratia illustri regi angliae , &c. e. divina permissione elyensis ecclesiae minister humilis , & s. eadem gratia abbas , & h. prior sancti edmundi salutem , & debitum ac fidele obsequium . literas serenitatis vestrae nuper recepimus , quarum serie inter caetera continebatur , à temporibus a nte cessorum vestrorum hanc invaluisse consuetudinem in regno vestro , ut si pendente lite de praesentando ad ecclesiam vacantem aliqui in eam sese intrudere praesumpserint , ipsi authoritate regia debeant amoveri : super quo satis admirantes , cum hoc nec consuetudinis esse nec aliquando factum fuisse audierimus , haec regiae mansuetudinis auribus suggesta sicut deberemus non possumus non dolere . est autem moris in regno vestro ut intrusi in ecclesiis postquam solempniter ab episcopo loci fuerint excommunicati & publice denunciati , si obstinati in contumacia exire noluerint , ad postulationem episcopi loci , potestas secularis authoritate ecclesiae debeat excludere taliter resistentes . ad jectum est etiam in eisdem literis vestris , quod abbatem & monachos sancti augustini juxta praefatam consuetudinem de ecclesia de faversham , per ballivos vestros feceritis amoveri . quae confessio sicut nobis visum est circumspectius et regiae honestati congruentius tacita fuisset , quam scripto vel verbo publicata , quia sicut dicitur non sine violenta manuum injectione et enormi factum illud perpetratum fuit . in fine vero literarum , in fide qua vobis tenemur districtius nobis inhibere curastis , ne eos qui praenominatos abbatem et monachos de ecclesia praedicta de faversham per violentiam ejicere praesumpserant , juxta tenorem mandati apostolici ( quod super hoc valide districtum accepimus ) excommunicatos denunciaremus . sane certissimum teneat dominatio vestra , nos prompta voluntate et firmo proposito jura et dignitates regias paratos esse in omnibus conservare , et mandatis vestris tanquam carissimi domini obtemperare , * quatenus ordo noster et obedientia qua in omni plenitudine tenemur domino papae permiserit ; scitum est autem et vestra discretio non ignorat , * quod nulli quicquam debere possumus nisi salva obedientia qua ecclesiae romanae tenemur astricti . et ideo non indignanter ferat regia celsitudo , si in tam districto mandato ejus cui nullo jure resistere possumus , procedamus ; praesertim cum illud sicut nobis visum est regiae dignitati non obviet , sed congruat honestati . valete . rex autem ut vidit , quod propter inhibitiones suas nec monachi a prosecutione suae causae , nec iudices praedicti delegati ab apostolici mandati executione cessarent , aemulorum beati augustini instigatione totus in furiam versus , manum suam extendens ad malum , jussitut , omnes possessiones ipsius abbathiae quae de ipso rege tenentur in capite , confiscarentur . ministri autem regis quibus hoc opus demandatum fuerat , sicut leones rugientes ut raperent , non solum possessiones temporales in manus regis seisierunt , verum etiam omnia bona mobilia et immobilia tam in ecclesiis quam extra , ubicunque essent inventa occuparunt , asportarunt et distraxerunt , et quod inauditum est , bona quorundam hominum confiscarunt , eo quod ipsi amici sancti augustini bona ipsius rapere noluerunt . verè dolor iste monachorum sancti augustini & angustia super omnem dolorem , & omne cor eorum maerens . contigit autem ut in hac tempestate dominus johannes legatus scotiae presbyter cardinalis tituli sancti stephani in monte caelio , cum à legatione sua rediret per cantuariam transitum faciens , ad ecclesiam beati augustini orandi gratia divertit , & inveniens totam curiam sancti augustini ministris regis occupatam , super afflictione monachorum condoluit . convocansque conventum consolabatur eos , exhortans et contestans , ne in tanta tribulatione deficerent , sed de dei adjuratorio propter suae causae justitiam firmiter sperarent . cui conventus respondit , se post dei misericordiam , de sola domini papae paternitate , et romanae cutiae protectione consolationem et remedium expectare . istis sic actis , praedictus legatus ad tumbam sancti augustini , in honore ipsius sancti missam solempniter celebravit , tota civitate in ipsa missa turmatim concurrente . in qua missa idem legatus ministros regios qui ipsam abbatiam sic occupaverant , * omni timore postposito , solempniter excommunicavit , et excommunicatos denunciavit . interim scripsit idem legatus pro monachis s. augustini domino papae , exponens ei per ordinem angustiam , et archiepisc . cant. et achid . sui caeterorumque aemulorum callidam machinationem . vnde in fine literarum suarum sic scriptum est , attendat itaque sancta paternitas vestra , quod nisi maturius , et plenius eidem ecclesiae provideritis , et tantae inpugnantium malignitati in manu potenti occurrere velitis , funditus evertetur , et jam ruit irrecuperabiliter si igitur hoc per manifestum ●efectum romanae ecclesiae in fundamento fidei et religionis in anglicana ecclesia invaluerit , adnichilabitur authoritas apostolica , non solum in anglicano regno set quocumque hujusmodi pestifer fumus se diffuderit . abbas igitur et conventus tam de consilio ipsius legati quam aliorum amicorum , iterato mittunt priorem suum ad curiam romanam cum literis praedicti legati , satis querulosis gemitibus domini papae implorantes auxilium , ut ipse suae capellae et speciali filiae in tantis tribulationibus celerius succurrat , et ne irremediabiliter ruat , jamque ruenti manum suam extendat . dominus verò papa tam ex literis legati quam ex relatione ipsius prioris negotio plenius intellecto , regis saevitiam cupiens delinire , literas deprecatorias pro domo sancti augustini scripsit regiin haec verba . innocentius episcopus , &c. non decet regiae serenitatis benignitatem ad suggestionem cujusquam in laesionem alterius declinare , nec ob gratiam alicujus aliorum laedere rationem . sane significarunt nobis dilecti filii abbas & conventus sancti augustini ca●t . quod cum possessionem ecclesiarum de faversham , & de middleton , quae ipsis suerant in usus proprios per sedem apostolicam consirmatae , fuissent ingressi , quidam qui eos indebita insequuntur , usque adeo benevolentiam regiam commoverunt contra eos , ut bona eorum mandaret , et facerer confiscari . cum igitur regiam serenitatem non deceat non solum in monachos et clericos etiam seu quoslibet regulares jurisdictionem indebitam exercere , cum servus domino suo stet aut cadat , rogamus munificentiam tuam et exhortamur in domino ; quatenus ob reverentiam beati augustini qui monasterium suum sepulturae regum angliae dicitur deputasse , ablata eis restitui facias universa , nec impedias nec impediri permittas quo minus suam justitiam prosequantur , laicis etiam si quibus bona sua forsan ablata sunt & confiscata fuerint quia in abbatem & monachos manus noluerunt mittere violentas , restitui faciat regia celsitudo . et ut praedictum mandatum apostolicum melior●m sortiretur effectum , dominus papa scripsit , e. elyensi & m. wygorniensi episcopis & abbati sancti edwardi , ut ipsi regem adirent et efficaciter inducerent ad omnia et singula prout dominus papa ei scripserat exsequenda . quod & ipsi tàm literis suis quam vivae vocis oraculo satis efficaciter expleverunt . et quia suggestum fuerat domino papae per abbatem & conventum , quod dominus rex ad instigationem , et per procurationem domini cantuariensis archiepiscopi et simonis wellensis archidiaconi , et praedicti domini cantuariensis vicecancellarii praecipue haec mala supradicta eis intulerat , dominus papa scripsit dominis elyensi et wygorniensi episcopis supradictis , ut ipsi super hoc tam per testes idoneos quam per famam viciniae diligentius inquirerent , sublato quolibet appellationis obstaculo , et quicquid invenirent domino papae sub sigillis suis referrent . quod mandatum tam archiepiscopum quam praedictum s. vicecancellarium valde terruit , unde ab illo die a persecutione monasterii sancti augustini maturius se temperaverunt , et pacem inter regem et monasterium praedictum prout poterant reformari procurarunt , sicque regis furore aliquantulum delinito , regii ministri qui ipsam abbatiam sancti augustini occupaverunt per ipsum regem amoventur ; set possessiones minime restituuntur ; l●nde de consilio amicorum mittuntur duo nuncii , scilicet brandanus monachus et magister gervasius clericus ex parte abbatis et conventus ad dominum regem , ut si forte prece vel praecio possessiones monasterii de manu regis velut clavam de manu herculis extorqueant . accedunt igitur humiles ad indignantem , supplices ad furentem , et sermonibus rethoricis , prout ambo erant eloquentissimi , regiam depraecantur majestatem , suppliciter exposcunt misericordiam , ut ablata restituat , et more antecessorum suorum libertates et jura ecclesiastica , et maxime ecclesias de faversham de sua gratia eis confirmare dignaretur . et ut facilius petita inpetrarent , domino regi ducentas marcas et unum palefridum regiae sellae satis elegantem ex parte abbatis et conventus offerunt . rex tamen licet more principum pecuniae satis avidus , neque pecuniam , neque palefridum pro tunc acceptare velle respondit , qu●usque super hiis dominum cantuariensem consuluerit , eo quod ad ejus instantiam bona monasterii sancti augustini confiscari mandaverit . dim●ssi igitur nuncii nostri sub spe bona ad propria redeunt , tempore opportuno ad ipsum regem reversuri ; igitur super hiis dominus rex consuluit archiepiscopum per literas suas , quarum tenoriste est . johannes dei gratia , &c. h. archiepiscopo salutem . accesserunt ad nos nuncii abbatis & conventus s. augustini instanter petentes & humiliter postulantes , quod chartas antecessorum nostrorum confirmaremus . et quia in multis nos offenderunt , propter gratiam nostram et possessionum suarum quae in manu nostra sunt restitutionem obtinendam , nobis ducentas marcas et unum palefridum obtulerunt . nos vero licet super eorum petitionem & oblationem plurimum movebamur , noluimus tamen in hiis eos plenè exaudire quousque super hiis vestrum haberemus consilium , unde vobis mandamus quod super hiis nobis consilium vestrum significetis . responsio archiepiscopi in haec verba . reverendo domino suo i. dei gratia , illustri regi angliae , hubertus eadem gratia cantuariensis archepiscopus salutem , & debitam in domino reverentiam . placuit excellentiae vestrae à nobis consilium petere super confirmandis cartis antecessorum vestrorum quas monachi sancti augustini ca●t . habent super ecclesia de faversham , & super restituendis eis possessionibus suis quae sunt in manu vestra . licet autem ipsi monachi & vos & nos domine multum offenderint , & ita tàm à vobis quàm à nobis magis promeruerint malum quam bonum , nolumus tamen eis malum pro malo reddere , nec fidem , quàm vobis debemus malè vobis consulendo pro eis laedere . immo ita vobis volumus consulere sicut fidem nostram erga vos & conscientiam erga deum cupimus salvare . de car●is igitur antecessorum vestrorum confirmandis vobis respondemus ; quod cum constet quod idem monachi habeant cartam bonae memoriae regis willielmi , qui praedictam ecclesiam de faversham eis concedit quantum ad patronum pertinet , nec non confirmationem regis henrici filii sui , & confirmationem regis henrici patris vestri , confirmationem quoque richardi regis fratris vestri super eadem ecclesia , videtur nobis , quod vos quoque justè possitis & debeatis hoc ipsum quod praedecessores vestri memoratis monachis de eadem ecclesia concesserunt & confirmaverunt , quantum ad patronum pertinet eis confirmare . de restituendis vero eorum maneriis quae sunt in manu vestra , vobis dicimus , quod cum nullo modo fuerit laudabilis vel laudanda talis eorum maneriorum destitutio , bona & laudabilis erit celeris eorum restitutio ; set de recipienda oblata vobis pro eorundem restitutione , et pro gratia vestra pecunia , nil vobis consulere , volumus cum potius absque pecunia sit facienda restitutio ut nobis videtur quam pro illa , quia taliter ablata potius cum satisfactione , quam pro precio restituenda . vos autem inde faciatis quod vobis bonum videbitur ; scimus quidem quod vos ex destitutione illa parum commodi habueritis tum praedicti monachi habuerunt plurimum dampni , et aliqui fortasse ministri vestri non modicnm lucri , de vobis enim in hac parte dici potest , quod vos dumos excusseritis , et alii aves collegerunt . valete . rexigitur hoc archiepiscopi accepto consilio , nuncios sancti augustini praedictos revocat , pecuniam per eos sibi prius oblatam respuit , set palefridum victus nunciorum precibus acceptat , omnibus possessionibus suis monasterio restitutis , & in recompensationem dampnorum qualemcumque quae huic monasterio intnlerat , cartas praedecessorum suorum super ecclesiis de faversham , & de middleton , & super juribus & libertatibus monasterii , ut paulisper poterit elucere , gratanter confirmat , sicque factus est istius monasterii patronus & protector , qui prius fuerat immanissimus persecutōr , by the archbishops perswasion and treachery , to gain the presentation thereunto . for , anno domini . conflictu cum johanne rege super ecclesia de faversham sic expedito , ad conflictum qui cum archiepiscopo cantuariensi & archdiacono ejusdem habebatur super eadem ecclesia revertamur . igitur monachis sancti augustini ut superius dictum est , à domibus personatus praedictae ecclesiae post interpositam appellationem ejectis violenter , & à possessione sua pacifica spoliatis , archidiaconus cantuariensis ad cujus instantiam ejecti fuerant , possessionem praedictarum domorum ingressus violenter tenuit , unde monachi sancti augustini appellationes suas coram domino papa innocentio cum effectu sunt prosecuti . partibus itaque monachorum et archidiaconi coram domino papa constitutis ; monachi proposuerunt se a possessione sua pacifica in ecclesiae domibus de faversham post appellationem legitime interpositam violenter et contra juris ordinem per archidiaconum spoliatos , quare petebant se restitui . procurator archidiaconi ex adverso respondit , custodias ecclesiarum vacantium in archidiaconatu cantuariensi tam de consuetudine quàm de jure communi ad ipsum archidiaconum pertinere . hiis & multis aliis in praesentia domini papae judicialiter propositis , sicut ex illa decretali apparet , extra de appellationibus bonae memoriae o. de camera quae super istum casum est fundata , papa mandavit londinensi & roffensi episcopis , & priori sancti albani , ut ipsi abbatem sancti augustixi cant. & monachos in eundem statum restituerent , in quo fuerunt tempore appellationis emissae . cujus mandati authoritate , praedicti executores vocatis ad praesentiam partibus ; possessionem praedictae ecclesiae de faversham , abbati sancti augustini adjudicaverunt cum omnibus fructibus medio tempore perceptis . unde archidiaconus cantuariensis , henricus nomine de stanford coram praedictis executoribus cessit a possessione ecclesiae antedictae , ratione sententiae contra ipsum prolatae . remisit etiam abbati sancti augustini omnes actiones quas habebat erga ipsum ratione custodiae ecclesiae de middleton , & resignavit , literis super hiis impetratis in manus executorum praedictorum . et abbas sancti augustini remisit praedicto archidiacono cantuariensi omnes fructus & obventiones quos medio tempore perceperat de ecclesia de faversham , exceptis fructibus tunc in grangiis existentibus , sicut quaedam litera tam executorum praedictorum quam archidiaconi sigillis munita plenius testatur . causam istam ecclesiae de faversham quantum ad violentiam per archiepiscopum & laicos abbati & monachis sancti augustini illatatam ab initio commiserat londinensi & elrensi episcopis & abbati & priori sancti edmundi , set ipsis mandatum apostolicum minus frigide exequentibus propter partis adversae frivolas exceptiones et dilationes frustrarias , unde dominus papa iterato mandat eisdem iudicibus sub hiis verbis . innocentiu ▪ episcopus , &c. venerabilibus fratribus , &c. grave gerimus & molestum , & de discretione vestra compellimur non mirari solummodo set moveri , quod cum jam sit annus elapsus ex quo super negotio ecclesiae de faversham mandatum recepistis apostolicum exequendum , in tantum appellationibus frustrariis & frivolis exceptionibus detulistis , ut nondum sub examine vestro potuerit habere processum . unde dilecti filii abbas & fratres sancti augustini cant. praeter grandes injurias & jacturas , graves nihilominus labores & sumptus sunt subire coacti . volentes igitur eisdem fratribus , qui post deum alium praeter nos defensorem non habent , in tantae necessitatis articulo subvenire , devotioni vestrae per apostolica scripta mandamus et districte praecipimus , quatinus omni gratia & timore postpositis , sublato cujuslibet contradictionis & appellationis obstaculo , cogatis partem adversam per districtionem ecclesiasticam , litem protinus contestari , & testes quos utral●bet pars tam super principali quam quohbet incidenti duxerit producendos , infra duos menses post litis contestationem recipere ac examinare curetis , ita quod si nequiveritis personaliter interesse , per viros discretos id nihilominus exequamini , à quibus non liceat aliquatenus appellare , cum hoc mandatum celerem velimus sortiri effectum , ne praefatum monasterium cogatur diutius laborare . attestationibus vero receptis , praefigatis partibus terminum competentem , quo cum ipsis , recepturi sententiam nostro se conspectui repraesentent . ad quem si qua partium venire noluerit , nos nihcilominus procedemus ; si vero pars adversa litem noluerit infra triduum contestari , vos procuratorem monasterii omni appellatione et contrarierate remota , in possessionem rei de qua agitur inducatis , et defendatis inductum . insuper si voluerit infra annum non vobis set nobis legitimam offerat cautionem . testes vero qui nominati fuerint , &c. hujus igitur mandati novitate excitati suprascripti iudices delegati , vocatis ad suam praesentiam partibus , in ipsa causa processerunt in forma qua sequitur . quem quidem processum quia ipsum inter quaedam acta & attestationes praedictam causam contingentia scriptum reperi , annotare dignum duxi , nihil augendo , vel diminuendo in haec verba . cum coram dominis londinensi & eliensi , & abbati sancti edmundi , judicibus à sede apostolica delegatis , lis inter archiepiscopum & abbatem sancti augustini & monachos initium capere debuisset , contigit archiepiscopum & dominos elyensem & londinensem ex causis necessariis transfretare , sicque propter eorum absentiam causa usque ad eorum reditum caepit dilationem . quibus reversis , archiepiscopus citatus edicto peremptorio statim se per procuratorem defendit , nec subter-fugium aliquod quaerens , nec etiam exceptionem aliquam proponens , dicebat se paratum litem contestari , & intentionibus abbatis & conventus respondere , si vicisisim abbas & conventus archiepiscopo eos reconvenire volenti responderent . cumque & judicibus & partibus placeret reconventionem esse admittendam , procurator abbatiae & monachorum sancti augustini , intentionem suam proposuit in hunc modum . archiepiscopus post appellationem abbatis sancti augustini pro se & pro monachis suis , pro ecclesiis etiam abbatiae suae cum parochianis earum , & precipuè pro ecclesia de faversham cum parochianis suis ad dominum papam legitimè interpositam , post eandem etiam appellationem sollempniter innovatam , & contra libertatem monasterii sancti augustini , per magistrum everardum quondam officialem archidiaconi & per decanos quosdam & capellanos , quosdam monachos sancti augustini excommunicavit . item , ecclesias quae pertinent ad donationem abbatis sancti augustini , post eandem appellationem , et post appellationem rectorum earum , et contra tenorem libertatis monasterii sancti augustini generali supposuit interdicto . parochianos etiam earum a divini officii et sacramentorum perceptione suspendit , mortuorum etiam sepulturam interdixit . item cum archiepiscopus transitum faceret per faversham parochianis sibi occurrentibus , benedictionem suam denegavit , denuncians eos excommunicatos , eo quod monachis sancti augustini communicaverant , hoc etiam post dictam appellationem abbatis factum est . , item , quod archiepiscopus impedit jus abbatis & conventus in ecclesiis suiis vacantibus , differendo institutiones clericorum , utpote magistri i. qui praesentatus est ad ecclesiam de stone , & r. clerici praesentati ad ecclesiam de langedon . propositum est etiam à procuratoribus supradictis , quod cum ipse archiepiscopus post appellationem ad dominum papam pro eis interpositam coram eodem super ecclesia de stone vacante , ne quid in praejudicium eorum fieret & i. clerici quem ad eandem ecclesiam praesentaverunt , post appellationem etiam procuratoris ipsius clerici pro eo sic interpositam , eandem ecclesiam supposuit interdicto , quod interdictum fere per annum duravit et dimidium . procurator vero archiepiscopi reconveniendo abbatem & conventum super pluribus articulis & approbata reconventione , respondit hoc modo . archiepiscopus nescit an abbas appellaverit , si tamen appellaverit , ejus appellationi in eo casu non fuit differendum , quia manifesta fuit ejus intrusio in ecclesiam de faversham . probet igitur abbas se appellasse , et si forte hoc probaverit , nos probabimus illi appellationi non fuisse differendum . item procurator archiepiscopi confessus est excommunicasse in genere omnes illos qui se intruserant in ecclesiam de faversham , et eum ecclesiam de faversham et stone suspendisse , et quasdam alias ecclesias monasterii sancti augustini , set nescit quas , vel quot : et dixit has sententias excommunicationis et interdicti juste tulisse ob delictum manifestum , monachorum scilicet intrusionem . cum enim monuisset eos , ut asseruit , ut ab intrusione sua desisterent , et illi semper pertinaciter in ea perseverarent , credebat eos sic saltem a sua intrusione revocare . adjecit etiam idem procurator , sententis illas latas fuisse non in praejudicium alicujus appellationis legitimè factae , nec contra libertatem aliquam monasterii sancti augustini competentem . adjecit etiam , quod archiepiscopus ingrediens faversham , una benedictione benedixit omnibus habitantibus in ea , set postea cum villa sit magna & populus multus , non potuit singulis sibi occurrentibus singillatim benedicere , nulli tamen benedictionem denegavit qui prius universitati benedixerat , nullum etiam sibi occurentium nominatim denunciavit excommunicatum . adjecit etiam , archiepiscopum justè differe institutiones duorum clericorum sibi praesentatorum , jure enim suo utitur , & juris executio non habet injuriam ; monachi enim in illas duas ecclesias se intruserunt , de langdon scilicet & stone , & adhuc eas detinent ; undè ad praesentationem intrusorum nullum debuit archiepiscopus admittere in illis , ipsis in intrusione perseverantibus . recedant ergo monachi ab intrusione , & archiepiscopus libenter admitter clericos ab eis praesentatos . idem reconvenit abbatem & monachos sancti augustini dicens , quod ipsi mortuo francone persona ecclesiae de middleton , in ecclesiam de middleton vacantem quadriennio transacto se intruserunt , & fructus & obventiones ejus ad valentiam . marcarum , minus rationabiliter in usus proprios converterunt , & quod saepius per archiepiscopum moniti , tamen nequè ei clericum idoneum ad ipsius regimen praesentarunt , neque ipsum vel ejus officialem custodiam ipsius tanquam vacantis habere permiserunt . petit ergo archiepiscopus , ut authoritate dominorum judicum monachis ab eadem ecclesia amotis , ei custodia dictae ecclesiae tanquam vacantis tradatur . secundo , ut monachi solvant ei & officialibus suis omnes fructus & obventiones quas perceperunt à tempore quo se intruserunt . tertio , ut satisfaciant sibi super injuria ab eis sibi illata super dicta ecclesia dicto modo . quarto , ut ipse sinatur clerico cui voluerit , dummodo idoneo , ecclesiam illam authoritate lateranensis concilii dare , irrequisito monachorum consensu , salvo eis postmodum jure patronatus si salvum esse debeat . item mortuo o. de camera persona ecclesiae de faversham , dicti monachi se in illam ecclesiam intruserunt ▪ spreta authoritate archdiaconi , omnes obventiones illius sibi indebitè appropriantes . et licet saepius moniti , nondum tamen quenquam ad illius regimen archiepiscopo praesentaverunt , & ibidem missas celebrare indebitè , & alia sacerdotalia ministrare praesumpserunt . petit igitur archiepiscopus sibi super hiis injuriis satisfieri , obventiones a tempore intrusionis praedictae perceptas sibi vel officiali suo restitui , et ut liceat ei ecclesiam illam clerico idoneo authoritate lateranensis concilii dare . adjecit etiam , quod monachi sancti augustini in ecclesiam de stone elapso anno se intruserunt , & obventiones ad valentiam marcarum indebitè usurparunt , jus arciepiscop ▪ & archidiaconi sui in ea enervantes . petit igitur , ut monachis ab ea amotis sibi super hac injuria satisfiat , et obventiones a tempore vacationis perceptae ei etiam de hac ecclesia authoritate lateranensis concilii disponere cum praescriptio sex mensium authoritate lateranensis concilii currens contra patronum omnino non praesentantem aeque curratur sicut contra patronum viciosum praesentantem . adjecit etiam similem querimoniam super ecclesia de langedon , in qua monachi similiter se nuper intruserunt , petens similiter illius custodiam sili cedi , & super injuria fibi satisfieri . adjecit etiam procurator archiepiscopi , archiepiscopum & archidiaconum suum debere habere custodiam omnium ecclesiarum vacantium , in quibus monachi sancti augustini habet jus pratronatus . adjecit quoque archiepiscopum & archidiaconum suum esse in possessione hujus juris ; unde petit ut hoc jure liberè & sine impedimento uti possit . procurator abbatis & monachorum sancti augustini respondit , quod cum archiepiscopus proponeret abbatem & monachos intrusos in ecclesiam de middleton , eo quod u● asserebat ecclesia illa vacans erat & custodia ejusdum vacaret ad ipsum , vel archid aconum suum pertineret , certificari voluerint abbas & monachi utrum archiepiscopus contenderet se an archidiaconum jus custodiae habere in ecclesia praedicta . et incontinenti responsum est â procuratore archiepiscopi , custodiam illius ecclesiae principaliter ad archiepiscopum ; secundari● & authoritate archiepiscopi ad archidiaconum suum pertinere . consequenter respondit procurator abbatis . quod etsi vacaret ecclesia de middleton , nihilominus custodia illius & claves & proventus non ad archiepiscopum , immo ad abbatem & monachos tempore vacationis pertineret . adiecit quoque , illam non esse vacantem , immo abbatem & monachos sancti augustini ejusdem personatum habere , seu canonicum titulum percipiendi omnes proventus illius , & sic eos jure sine consilio fraudis seu intrusionis ecclesiam sibi retinere . et ideo archiepiscopus frustra ad vacantem super proventibus & ipsius quasi vacantis frustra eos molestabat , frustra quasi injuria ei illata fuisset sibi petebat satisfieri , cum abbas & monachi jure suo usi fuerint , & juris executio non habet injuriam . super ecclesia de faversham omnino idem , eam totam in usus suos sibi retinuerint , quandoque etiam clericis secularibus nunc sub majori , nunc sub minori pensione , nunquam tamen ad firmam concesserunt . tandem defuncto osberno de camera cui ecclesiam illam ad instantiam henrici regis sub pensione sex marcarum concesserant jure suo & licitè & citra injuriam archiepiscopi , & sic citra vitium intrusionis ingressi sunt possessionem illius ecclesiae . requisitus procurator abbatis à procuratore archiepiscopi , qui instituente habuerunt monachi jus patronatus in ecclesiis de faversham & de middleton ? habita deliberatione respondit in hunc modum . abbas & conventus credunt quod tempore concessionis & confirmationis regis w. primi super ecclesiis de faversham & de middleton eis factae archiepiscopus cantuaeriensis qui tunc fuit instituit abbatem & conventum & in easdem ecclesias , set ad idem probandum nec testes habent nec instrumenta super hoc specialiter confecta . verum pro certo sciunt quod archiepiscopus theobaldus concessit eis ecclesias illas , & bonae memoriae celestinus easdem eis confirmavit . praeterea adjecit procurator abbatis quod archiepiscopus falso suggessit domino papae , monachos manu armata detinuisse ecclesiam de faversham . ad jecit etiam quod nuncii abbatis & monachorum cum literis eorum accesserunt ad archiepiscopum ad slyndon , conquerentes , quod post eorum appellationem factam & solempniter innovatam magister everardus tunc officialis archidiaconi cantuariensis in prae judicium & contra libertatem monasterii sancti augustini monachos , in ecclesia de faversham tunc existentes , authoritate archiepiscopi excommunicavit , & ecclesias abbatiae generali supposuit interdicto . cumque instantius peterent , ut archiepiscopus illas sententias irritaret , archiepiscopus warrantizare eas voluit , nec eas irritare , dicens dictis appellationibus non fuisse deferendum . cum igitur appellatio abbatis ad notitiam archiepiscopi pervenit , & ipse nihilominus illas sententias post appellationem factas ratas habuit cum ratihabitio retro trahatur , excusationem ignorantiae si quam ab initio , ex post facto amisit , adjiciens haec omnia à magistro everardo & per eum & authoritate ejus facta fuisse . super ecclesiis de stone & langedon respondit procurator abbatis & conventus ; quod cum custodia earum & aliarum sui patronatus ad abbatem & monachos pertinet , et cum & ipsi ad illarum ecclesiarum regimen personas idoneos archiepiscopo praesentassent , archiepiscopus eos super custodia earum seu proventibus injustè molestabat . item procurator abbatis & conventus confessus est in jure monachos sancti augustini detinuisse ecclesias de stone & langedon , ex quo vacaverunt , & adhuc detinere & nolle custodiam earum archiepiscopo vel archidiacono dimittere , nec debere cum ad eos spectaret custodia omnium ecclesiarum vacantium sui patronatus , & non ad archiepiscopum vel archidiaconum , & eos in possessione hujus custodiae esse , & non archiepiscopum vel archidiaconum . hiis itaque hinc inde propositis utriusque partis testes sunt admissi , multi quidem . quorum multitudo à judicibus ad minorem numerum redacta fuisset nisi quia partes instabant , ut omnes admitterentur propter articulorum probandorum multitudinem . publicatis demum attestationibus , paratus fuit archidiaconus a judicibus sententiam accipere , & hoc instanter petiit , ut scilicet ipsi inspectis attestationibus sententiarent . sed pars adversa sententiam domino papae maluit reservare . deinde cum renunciatum esset productioni super testibus repellendis , die ad idem praefixo facta est instrumentorum sancti augustini exhibitio . postmodum vero die scilicet martis proxima post caput jejunii , dicti iudices partibus peremptorium praefixerunt diem scilicet diem natalis beatae mariae , quo coram domino papa compareant sententiam recepturi . set amicis mediantibus , et de pace tractantibus , rex ipse scripsit archiepiscopo supplicando , ne ipse abbatem super ecclesiis de faversham et de middleton molestaret seu impeditet quo minus de praedictis ecclesiis possit disponere et in usus proprios convertere . igitur archiepiscopus h. tandem volens ea quae pacis sunt et non belli , ob regis reverentiam , praedictas ecclesias praedecessoris sui theobaldi vestigiis inhaerendo ratificavit , perpetuo possidendas . i pretermit many hot contests soon after annis . . &c. between the archbishop of canterbury , monks and abbots of saint augustines ; about the abbots making his profession of subjection to the archbishop upon his consecration , for refusal whereof the archbishop excommunicated the abbot , and monks , and interdicted all churches belonging to the monastery , so that neither god nor the people during their contests must have any divine service in them , such was their presumption and impiety . whereupon the abbot appealing to the pope , pleaded exemptions from any such profession or subjection by several popes bulls and resolutions , in which suites , the archbishop alleadging the sentence of pope alexander the third to the contrary ; what great delayes , bribes , and indirect practises were used in the court of rome in these suites , you may read at large in the chronicle of william thorn , cap. . , , , . i shall only observe , that in the contest it clearly appeared upon full examination , that both the monks and archbishops of canterbury , forged popes bulls & charters , to maintain their jurisdictions ; the archbishop anno. . produced before pope innocent the third , the copies of two decretal epistles or bulls of pope alexander the third , in a full council , which were both proved to be forged ; i shall only recite the latter of them , and detection , relation of their forgery . alexander episcopus servus servorum dei , venerabili fratri archiepiscopo cantuariensi apostolicae sedis legato , &c. ideo sumus in eminentia sedis apostolicae constituti , ut aequa lance justitiae singulis sua jura reddamus , & si quid minus aequaliter factum est , illud ad rectitudinis tramitem rovocemus . licet itaque monasterium sancti augustini cant. tanquam specialiter nostrum paterno diligamus & foveamus affectu , ipsi tamen eam libertatem indulgere nolumus , per quam tuis & ecclesiae tuae dignitatibus derogetur . quoniam igitur quorundam suggestionibus , et quibusdam privilegiis falsis , sicut postea manifeste comperimus , ab abbatis sancti augustini tibi debitam , tuis antecessoribus diu exhibitam , tibi abstulimus professionem , nos intuitu aequitatis , et ob reverentiam beati thomae martyris tibi et successoribus tuis in perpetuum confirmamus . dat. laterani , &c. sed quoniam archiepiscopus non ostendebat originalia istarum literarum , neque earum copiam sub manu publica , cum hoc fuisset sibi tunc maximè necessarium , ipsae literae habitae sunt suspectae , unde quaesito registro ipsius alexandri papae . et diligenter exquisito , nulla omnino mentio de ipsis literis est reperta ; quare duo ipsa paria literarum sunt condemnata falsi et cancellata ab ipso papa innocentio in ipso concilio generali , non sine magna archiepiscopi confusione et erubescentia . ipsa vero sententia quam idem papa alexander tulerat pro monasterio s. augustini super professione non exhibenda archiepiscopo , de verbo ad verbum inventa est registrata . quibus ita ge●●●s turbatus archiepiscopus & animo consternatus , ne nihil videatur egisse , proposuit in ipso concilio , quod abbas tenetur sibi de jure communi facere professionum , igitur sibi humiliter petebat exhiberi . upon consideration of which forgeries , we may justly suspect sundry bulls , and some charters advancing the popes supremacy and jurisdiction here in england , to be forged as sir. * henry spelman observes . the rather because gervasius dorobernensis writing under king iohn , in his chronicle , * anno . renders us this account of these monks two rased , forged charters , bulls then produced . sexto kal. julii , convenerunt apud londoniam , richardus cantuariensis archiepiscopus , episcopus dunelmensis , rogerius abbas sancti augustini , a●sque non modicae auctoritatis viri . dederat enim in mandatis romanus pontifex alexander praefato episcopo dunelmensi & abbati sancti albani , ut abbatem sancti augustini cogerent archiepiscopo cantuariensi sua privilegia ostendere , daretque copiam legendi . continebant enim quaedam capitula in contumeliam cantuariensis ecclesiae , quae magis falsa quam vera videbantur : hoc jam tertio a sede apostolica emanaverat mandatum . ( so little did they then regard the popes mandates who were most devoted to him ) sed invincibili tergiversatione monachorum usque in praesens dilatum est . lege lector & intellige , quod veritas non quaere tangulos ; & qui veritatem dicit non laborar . protulerunt tandem aliquando monachi abbatis schedulas duas , quas sua originalia constanter esse dicebant . quarum prima vetustissima erat rasa , et subscripta acsi esset emendata , et absque sigillo . hanc dicebant regis ethelberti esse privilegium . alia vero scedula multo erat recentior , de qua bulla plumbea , cum iconia episcopi nova valde dependebat . hanc cartulam sancti * augustini dicebant esse privilegium . in his autem privilegiis intuentium judicio haec maximè notanda fuerunt . in prima , laudabilis quidem fuit vetustas , sed rasa fuit , et inscripta , nec ullius sigilli munimine celebrata . in alia vero , reprehensione dignum fuit , quod nova extitit ejus litera & bulla , cum vetustatis esse deberet annorum quingentorum octoginta , id est , à tempore beati augustini cujus esse dicebatur . fuit etiam notatum ▪ immo notorium et notabile , quod bulla , ipsius plumbea fuit , cum non soleant cisalpini praesules vel primates , scriptis suis autenticis bullas plumbeas apponere . modus etiam latini et forma loquendi , a romano stilo dissona videbantur . haec duo solummodo privilegia in medio prolata sunt , cum alia nonnulla se habuisse monachi jactitarent . besides * will. thorn a monk thereof confesseth , archiepiscopus aggressus est ejusdē monasterii privilegia arguere falsitatis , and that after much wrangling the abbot & monks , reverenter & devote judicibus obtemperantes , de privilegiis quae nominatim fuerunt exhibenda , & quae ipsi judices exhiberi praeceperant , duo privilegia judicibus exhibebant ; videlicet privilegium beati augustini ejusdem ecclesiae patroni , & privilegium ethelberti regis ejusdem monasterii fundatoris , whereon they made the premised observations of rasure interlining and forgerie upon view . whence sir * henry spelman gives us this good caution ; cautius igitur intuendae sunt veterrimae monasteriorum chartae , fraudem enim saepè olent , & ab antiquis ipsis eo perstringuntur stigmate . bonum est in eorum datis accuratè observare annorum concordantiam , scilicet christi , papae , indictionis atque regis , in his enim saepius contigit hallucinatum iri . book . . chap. . p. . l. . after to him , insert robertus dei redings abbot ▪ of ramesey anno. . resignavit baculum suum pastoralem in manus willielmi lincolniensis episcopi , & mortuus est apud redinges , & rex johannes tenuit abbathiam in manu sua per septem annos , pro eo quod monachi ramesiae ad praeceptum suum noluerunt eligere in abbatem priorem de frontona . book . chap. . p. . l. . after depraedavit , adde . the register of the abbey of ramesey records . * item eodem anno , idem nicholaus legatus deposuit abbates westmonasterii , eveshamiae , & barden●ae , et substituti sunt per eundem prior fronton apud westm . prior wygorn . apud evesham , prior de leuton , apud bardeney ; & anno sequenti fuit ecclesia ramensis spoliata multis divitiis , by this roman harpy and plunderer . this should have been inserted book . . chap. . p. . before l. . in the mean time . william thorne renders us this account of king lewes his landing in england , and of his letter written to alexander then abbot of saint augustines canterbury , disproving king johns , and justifying his own title to the crown of england , as well by hereditary discent , as election of the barons , and disswading him , to denounce any excommunication against him by the popes command by promises and menaces , both which the abbot heroically contemned , proceeding in his excommunication . anno domini . lodowicus philippi regis francorum primogenitus , veniens in angliam cum magno exercitu ut eam suae subderet ditioni , applicuit apud stonoram . kal. junii , animad vertens quod alexander abbas hujus loci haberet potestatem sententialiter contra eum procedendi , elegantem eidem abbati & conventui misit epistolam , jus quod sibi in anglicano regno competere contendebat , declarando in haec verba . lodowicus domini regis francorum primogenitus abbati & conventui sancti augustini cant. salutem , & syncerae dilectionis affectum . ne quis in facto nostro de regno nostro angliae simplicitatem vestram per falsas circummveniat suggestiones , vel conscientias vestras contra nos reddat scrupulosas , nudam & meram ipsius rei veritatem , ad universitatis vestrae notitiam volumus pervenire . nostis itaque , quod propter proditionem notoriam quam johannes quondam rex angliae commisit contra fratrem suum regem richardum , dum esset in partibus jerosolimitanis , in reditu ejusdem fratris sui , legitimè fuit citatus , accusatus , & in judicio coram paribus suis , & per eos legitimè tanquàm proditor condempnatus , quae sententia condemnationis per os hugonis de pinsac . tunc episcopi dunelmensis fuit solempniter promulgata ; undè mortuo rege richardo , devolutum est jus regni angliae ad reginam castellae , & haeredes suos , quae sola tunc de omnibus fratribus & sororibus suis superstes fuit praeter dictum johannem . ipsa autem regina & haeredes sui jus quod habuerunt in regno nobis & filiae suae quam habemus uxorem , liberaliter concesserunt : propter quod hubertus quondam cantuariensis archiepiscopus in coronatione ipsius johannis publicè dixit , quod non ratione successionis , set per electionem ipsum in regem coronabat . illa autem electio vel coronatio qualiscunque nobis non praejudicavit , tàm quià per violentiam facta fuit , tum quia jus quod habuimus nobis sine culpa aut consensu nostro auferre non potuit : praetereà satis notum est , quomodo de murdro arthuri nepotis sui in curia charissimi domini & genitoris nostri regis francorum , cujus ambo erant homines legei , per pares suos citatus , & per eosdem pares tandem fuit legitimè condempnatus . quod quidem murdrum eisdem partibus pluribus in anglia & pluries praedictus johannes est confessus : per quam condempnationem bona sua ubicunque erant aut undecumque ea haberet , per usitatas consuetudines forisfecit , & tunc iterato nobis tanquàm vero haeredi cessit jus regni angliae , maximè cum adhuc de carne sua haeredem non haberet . nos vero pro jure nostro extunc eidem johanni guerram movimus , quam contra ipsum continuavimus absque omni interruptione pacis vel treugae usque ad dies istos . de guerra enim quae postmodum inter charistimum dominum & genitorem nostrum & ipsum facta fuit , nec fuimus requisiti , nec alium requisivimus licet praesentes essemus , undè nec crucis assumptio , nec aliqua conditio postmodum lite pendente suscepta , potest ipsum tueri , quin contra ipsum jus nostrum prosequamur . ad haec , cum praefatus johannes in coronatione sua sollempniter prout moris est jurasset , se jura et consuetudines ecclesiae , et regni angliae conservaturum ; contra juramentum suum , absque consilio vel consensu baronum suorum idem regnum , quod semper fuit liberum , quantum in ipso fuit , domino papae subjecit , et fecit tributarium ; bonas consuetudines subvertens , malas inducens tam ecclesiam quam regnum multis oppressionibus , multisque modis studens ancillare ; quas oppressiones vos melius nosti quam nos , ut qui eas familiari sensistis experimento . pro quibus cum post multas requisitiones guerra mota esset contra ipsum , à baronibus suis , tandem , inter caetera de ejus expresso consensu ità convenit , ut si idem johannes ad flagitia prima redierit , ipsi baronesab ejus fidelitate recederent nunquam ad eam postmodum reversuri . uerum ipse nichilominus paucis diebus evolutis , fecit novissima sua pejora prioribus , studens barones suos non tantum opprimere , set potius penitus exterminare . qui de communi regni consilio et approbatione , ipsum regno judicantes indignum , nos in regem et dominum elegerunt . unde apparet ; quod sive ad successionem , sive ad electionem habeatur respectus , nos potissime jus in regno angliae habemus . nos autem cum istis et aliis rationibus ad dominum papam sollempnes nuncios nostros dudum destinavimus , et audientes interim , quod cardinalis quidam gualo nomine , veniret in franciam , misimus ad eum rogantes , ne contra nos aliquid statueret , donec nuncii nostri a curia romana redirent , aut a domino papa novum reciperet mandatum postquam nuncios nostros audivisset . et cum jam idem cardinalis ad dominum nostrum et genitorem regem franciae accessisset , idem in praesentia praelatorum et magnatum franciae fecimus dici coram nobis expresse , jus et propositum nostrum potestantes . ipse autem cardinalis tunc contra nos in nullo processit , nec visus est velle procedere . at nunc in angliam ingressus , suggestionibus et muneribus inimicorum nostrorum immutatus , nos et nostros , ut audivimus , per praelatos et officiales ecclesiarum intendit gravare . quapropter vestram attente rogamus discretionem , quatinus sicut ad libertatem ecclesiae et regni angliae venimus , ut videlicet tam regnum quam ecclesiam antiquae et debitae per dei gratiam restituamus libertati , propter nullius falsam suggestionem vel iniquam jussionem nos velitis turbare , vel nostrum bonum et pium propositum et commune bonum angliae impedire , nec aliquid contra nos vel nostros nobis irrequisitis promulgare . scituri quod qui bona fide in hac parte nobis assisterint , perpetuum nos amicum contra quemlibet habebunt & defensorem , nec pro lucro vel damno ei aliquo unquam tempore deerimus ▪ illi vero qui secus egerint , nos perpetuum sententient inimicum . valete . set abbas alexander , ut alter alexander macedo magnanimus , nec lodowici praecibus & blanditiis emollitus , nec comminatoriis perterritus , a favore regis i. et auxilio nullatenus se elongavit , sed in ipsum lodowicum et ejus complices et eis adhaerentes , consilium , auxilium , vel favorem eis praebentes , sententias excommunicationis et interdicti incessanter promulgavit , et executioni demandavit secundum quod a papa hoc negotium et fuerat delegatum , nam et ipsa papa in concilio lateranensi eundem l. vivae vocis oraculo excommunicaverat . complices vero et fautores ejus hac sententia irritati , primo in insula thaneto , postea in singulis maneriis nostris blada , animalia , victualia , &c. quaecunque invenire potuerunt depraedaverunt , vix a sanctuario nostri monasterii manus suas continentes . book . chap. . p. . after l. . and before king henry , this passage and writ should have been placed : by severall antient * saxon lawes , persons accused of robbery , murder and other felonyes , were to purge themselves and vindicate their innocency by fire , cold or scalding water , which tryall was styled judicium dei , ignis & aquae , & ordalium : which being written against and condemned by many divines , and at last prohibited by some popes decrees , as a tempting of god , a tryall full of superstition , incertainty , subject to many frauds and abuses , in a manner abolished by king william rufus , as † eadmerus relates , yet used now and then , as not totally abolished , king henry the . by advice of his counsel and chief justice , ( at the popes legats instigation ) prohibited this kind of tryall by this memorable writ to the justices itinerant , because inhibited by the church of rome . rex dilectis & fidelibus suis philippo de vletot , & sociis suis itinerantibus in comitatibus cumberland , westmerland , & lancaster , salutem . quia dubitatum fuit , & non determinatum ante inceptionem itineris vestri , quo judicio deducendi sint illi qui rectati su● de latrocinio , murdro , incendio , & hiis similibus , cum prohibitum sit per * ecclesiam romanam iudicium ignis et aquae . provisum est à consilio nostro , ad praesens , ut in hoc itinere vestro sic fiat de rectatis de hujusmodi existentibus , videlicet , quod illi qui rectati sunt de criminibus praedictis majoribus , & de his habeatur suspicio , quod culpabiles sint de eo undè rectati sunt ( de quibus & licet regnum nostrum abjurarent adhuc suspicio esset , quod posteà male facerent ) teneantur in prisona nostra , & salvo custodiantur , ita quod non incurrant periculum vitae vel membrorum occasione prisonae nostrae . illi vero qui mediis criminibus rectati fuerunt , et quibus competeret iudicium ignis vel aquae si non esset prohibitum , et de quibus si regnum nostrum abjurarent nulla fuerit postea malificiendi suspicio , regnum nostrum abjurent . illi vero qui minoribus rectati sunt criminibus nec de eis fuerit mali suspicio , salvos & securos plegios inveniant de fidelitate & pace nostra conservanda , & sic dimittentur in terra nostra . cum igitur nihil certius in hac parte providerit consilium nostrum ad praesens , relinquimas discretioni vestrae , ut qui personas hominum , formam delicti , & ipsarum rerum veritatem melius cognoscere poteritis , hoc ordine secundum discretiones & conscientias vestras in hujusmodi procedatis . et in hujus rei testimonium , &c. teste domino p. wintoniensis episcopo apud westm. . die januarii . anno regni nostri tertio . per eundem & h. de burgo justiciarum . this ( in my observation ) is the first president , that tryals ratified by our civill laws , and antient usage in the realm , were altered and set a side upon consideration of the decrees of popes and the church of rome , by the king and his counsils advice and writ , without an act of parliament , but the justice of the decrees , the superstition , incertainty , and injustice of the former kinds of tryals , might be a suffient warrant for such an alteration as this for the better . book . chap. p. . between l. and . this should have been inserted , in the second year of king henry the third , pope honorius the third , upon the earnest petition of the abbot and monks of saint albans granted them this bull , and confirmed all former bulls of his predecessors and charters of our kings whereby any priviledges , lands , cells , churches , or ought else were formerly granted , or which hereafter should be granted to them with exemptions from all regal , episcopal and other taxes , services , jurisdictions whatsoever , but only of the pope himself or his legate being a cardinal , reserving one ounce of cold to be annually payd to him and his successors for the liberties and priviledges ratified and granted in or by this bull , to which his cardinals subscribed , and for which ( no doubt ) he received a considerable summe in hand from the monastery . honorius episcopus servus servorum dei , dilectis filiis willielmo abbati monasterii sancti albani ejusque fratribus tàm praesentibus quàm futuris , regularem vitam professis in perpetuum . religiosam vitam eligentibus apostolicum convenit adesse praesidium , ne fortè cujuslibet temeritatis incursus , aut eos à proposito revocet , aut rob ir , quod absit , sacrae religionis infringatur . ea propter dilecti in domino filii , ob reverentiam beati albani gloriosi * anglorum protho . martyris , cujus sacratissimum corpus in loco vestro requiescere dignoscitur , praedeces●orum nostrorum felicis memoriae , calixti , caelestini , eug nii , adriani , alexandri , lucii , clementis , & caelestini tertii romanorum pontificum vestigiis inhaerentes , vestris justis postulationibus clementer annuimus , & monasterium ipsum ; in quo divino vacatis obsequio , quod ad jus beati petri specialiter spectare dignoscitur , cum adjacentibus cellis et ecclesiis , et omnibus eidem monasterio pertinentibus , sub beati petri et nostra protectione suscipimus , et praesentis scripti privilegio communimus , statuentes ut universa quae illustris memoriae offa videlicet et filius ejus , egfridus , eir●dus , willielmus , & henric●s , richardus , johannes , anglorum reges , aut alii fideles de suo jure vestro monasterio contulerunt , quaecunque etiam ipsum monasterium in praesentiarum justè ac canonicè possidet , aut in futurum , concessione pontificum , largitione regum , vel principum oblatione fidelium , aliis justis modis praestante domino * poterit adepisci , firma vobis vestrisque successoribus & illibata permaneant , in quibus haec propriis duximus exprimenda vocabulis ; videlicet monasterium ipsum beati albani cum villa tota , ecclesiam beati petri , ecclesiam quoque beati stephani , & ecclesias de kyngesbyri , & de wa●ford , &c. with sundry other particulars ▪ cellam de hethfield , cum omnibus omnium rerum pertinentiis dignitatibus , ac liberis consuetudin bus , nec & non alias ecclesias , decimas , villas , terras , aquas , prata , pascua , silvas , redditus etiam & omnia eidem monasterio vel cellis ejus pertinentia , sicut in privilegiis pontificum , regum vel aliorum scriptis fidelium continetur . quicquid praeterea dignitatis , libertatis et competentis ecclesiae ac monasterio consu tudinis per regum vel aliorum fidelium scripta loco eidem et cellis ejus collatum est , nos quoque hujus scripti nostri robore confirmamus , ut videlicet ecclesia sancti albani , et cellae ejus et omnia ad eas pertinentia , libera sint ab omni tributo sive regis , seu episcopi , sive comitis , vicecomitis , ducis , iudicis et eractoris , et omnibus operibus quae indici ( solent ) vel emendatione pontium , castellorum , parcorum . dmnia etiam pontificalia jura cellarum sancti albani , et ecclesiarum ejus sub ejusdem abbatis dispositione atque arbitrio permaneant , crisma vero , oleum sanctum , consecrationes alturium seu basilicarum , benedictiones abbatis , monachorum seu clericorum ordinationes , a quocunque malueritis catholico suscipiatis antistite , nimirum vestra fultus authoritate , quod postulatus fuerit indulgeat , nec quod petieritis audeat denegare . obeun●e vero te nunc ejusdem loci abbate vel tuorum quolibet successorum , nullus ibi qualibet subreptionis astutia , seu violentia praeponatur ; sed liceat vobis communi consilio conventus vel partis consilii sanioris , secundum dei timorem & beati benedicti regulam absque ullius contradictione abbatem eligere , qui in susceptione benedictionis suae cunctis in posterum diebus , * soli romanae ecclesiae professionem obedientiae debet exhibere . cui etiam abbati licitum sit , sicut à praedecessoribus nostris vobis concessum , personam de suis fratribus quam maluerit honestam , idoneam & maturam constituere , quae curam animarum sub eo gerat , & archidiaconi officium in omnibus impleat . verum ne per hujus dignitatis praerogativam abbas praedicti monasterii aliquo tempore faciliorem fortassis ad episcopatum habeat accessum , apostolica authoritate interdicimus , ne unquam in monasterio beati albani * sedes episcopalis constituatur , ne occasione ista quandoque monachi dispositioni subjaceant clericorum et claustralis quies turbetur , nec non et regularis observantiae disciplina , simul cum substantia monasterii minuatur ; sed cunctis inpostetum diebus ecclesiae sancti albani , non episcopum sed abbatem a quo pontificalis dignitatis , in quantum * abbati concedifas est , debeat obtinere ; videlicet , ut sicut pontificalia habet jura ita et pontificalia habeat ornamenta , mitram scilicet , ciro●ecas et annulum , et sandalia , tunica quoque et dalmatica in celebrationibus missarum utatur , quae liceat ei non tantum in propria ecclesia et in cellis vestris , sed et in omnibus ecclesiis ad quas rogatus accesserit in festis diebus gestare , benedictionem dare , vestimenta sacerdotalia benedicere , clericos suos tonsare , et in sortem dominicam assumere , sanctimoniales suas benedicere . et sicut beatus albanus anglorum protomartyr esse dignoscitur , ita et * abbas monasterii ipsius inter abbates angliae primus omni tempore dignitatis ordine habeatur . ità tamen , quod nunquam hac occasione infra claustra monasterii abbas ipse praesumat uti cappa clericali , vel seculari aliquo indumento , sed monastici habitus reverentiam in omnibus diligenter observet , & formam religionis praetendere intuentium oculis comprobetur . in ponendis verò vel removendis prioribus cellarum vel monachis , nullus omnino clericus sive laicus se objiciat , sed abbas qui pro tempore fuerit absque alicujus contradictione liberam habeat facultatem , quatinus tàm priores quàm monachi in abbatum suorum semper potestate permaneant , & ita per omnia liberi sint ubilibet habitantes ab episcoporum subjectione ac si in corpore monasterii morarentur , in quos nulla omnino persona praeter roman●m pontificem vel legatum cardinalem a nostro latere destinatum , excommunicationis seu interdicti sententiam audeat promulgare . quod si quispiam alius aliquo tempore attemptare praesumpserit , ejus in hac parte factum omnino viribus careat , et penitus irritum habeatur . prohibemus quoque ut nullus episcopus five archiepiscopus in vestro caenobio , vel adjacentibus ecclesiis in quibus ejusdem monasterii abbas jus pontificale habere dignoscitur , missas publicas vel conventum sive synodum celebrare , cathedram collocare , processionem sollempnem facere aut exigere , regem coronare , seu aliquod episcopale officium in aliqua cellarum suarum exercere vel hospitium exigere praesumat . vniversaliter statuentes , ut quicunque episcopi , archiepiscopi vel eorum clerici aut ministri super ipsum monasterium , vel super cellas et praedictas parochiales ecclesias nullam aliquatenus potestatem habeant , nec earum praesbyteros , vel clericos quoscunque sive laicos , sed nec abbatem , priores vel monachos ad synodum suam vel capitulum convocare , vel ab officio divino suspendere , seu aliquod in eos vel minimum jus exercere , aut parochianos suos a communione illorum prohibere praesumant , sed omnia pontificalia eorum jura et quaecunque ecclesia sancti albani fuerint abbatis , solummodo ejusdem monasterii potestati licere tractanda subjaceant . nolumus enim ut alicui nisi tantum romano pontifici debeant in aliquo respondere . nec monasterii vestri abbas vel monachi , seu cellarum vestrarum ubilibet positarum fratres , pro qualibet interdictione vel excommunicatione , etiamsi * commune interdictum terrae fuerit , divinorum officiorum suspensionem patiantur ; sed tam abbas et monachi ipsi quam et famuli eorum , et qui se monasticae professioni devoverunt , clausis ecclesiarum januis , non admissis excommunicatis et interdictis , non pulsatis tintinabulis , humiliori voce divina celebrent , et sepulturae eis debita peragant . liceat quoque vobis quandocunque vos manifeste gravari senseritis , ad remedium appellationis confugere , etiamsi in causa quae contra vos agitur appellatio sit remota : post factam vero appellationem nemini liceat in vos sententiam dare vel aliquid innovare , seu vos aut possessiones vestras ausu temerario perturbare . ad haec sancimus , ne quis fratres vestros post factam in monasterio vestri professionem absque abbatis licentia suscipere audeat , vel retinere . inhibemus insuper , ut nulli omnino hominum liceat in cellis vestris absque assensu vestro abbatem aliquando constituere . ecclesia autem in quibus jura pontificialia non habetis sive capellae vestrae et cimiteria libera sint , et ab omni exactione inmunia , praeter episcopi consuetam potestatem et justitiam in praesbyteros si adversus sui ordinis offenderint dignitatem . in quibus etiam ecclesiis vel capellis liceat vobis seu fratribus vestris praesbyteros eligere , ita tamen quod ab episcopis vel episcoporum vicariis animarum curam absque venalitate suscipiant . quibus nimirum praesbyteris cum tantum assignaveritis unde victus et vestitus necessaria possint honeste percipere , quicquid residuum fuerit liceat vobis in usus proprios convertere . si qui praeterea fidelium monasterio vestro aut villis ad ipsum pertinentibus ecclesiam aut possessionem aliquam seu beneficium pietatis intuitu conferre voluerit , nullus omnino audeat impedire . adjicientes , etiam authoritate apostolica prohibemus , ut nullus minister decaetero , dapiter videlicet vel pincerna , camerius , dispensator , ianitor , seu per manum regis , vel alicujus principis violentiam vobis invitis in vestro monasterio vel in locis ad ipsum pertinentibus ordinetur ; antiquas quoque consuetudines & redditus monasterio vestro debitos , scilicet in sexta feria post ascentionem dominicam de unaquaque caruca haerefordensis comitatus obolum unum , & in eadem die sive hebdomoda pentecostes , extoto comitatu processionem sollempnem . in secunda vero solempnitate beati albani , de unaquaque caruca * nummum unum , itemque eodem die ●●●●naquaque domo totius terrae sancti albani nummum unum vobis authoritate apostolica confirmamus , et perpetuis temporibus inviolabiliter praecipimus observari . decernimus ergo ut nulli hominum liceat supradictum monasterium temerè minuere , sive quibuslibet vexationibus fatigare , sed illibata omnia & integra observentur eorum pro quorum gubernatione & sustentatione concessa sunt usibus omnimodis profutura , salva in omnibus apostolicae sedis authoritate . ad indicium autem hujus a sede apostolica perceptae libertatis , * unam unciim auri nobis nostrisque successoribus annis singulis persolvetis . si qua igitur in futurum ecclesiastica secularisve persona hanc nostrae constitutionis paginam sciens contra eam temere venire temptaverit , secundo , tertiove commonita , nisi praesumptionem suam congrua satisfactione correxerit , potestatis honorisque sui dignitate careat , reumque se divino judicio existere de perpetrata iniquitate cognoscat , et a sacratissmo corpore ac * sanguine dei et domini ▪ redemptoris nostri iesu christi aliena fiat , atque in extremo examine districtae subjacent ultioni . cunctis autem eidem loco sua jura servantibus , fiat pax domini nostri jesu christi , quatenus & hîc fructum bonae actionis percipiant , & apud districtum judicem praemia aeternae pacis inveniant . amen . ego leo titulo sanctae crucisin jerusalem presbyter cardinalis . ego stephanus basilicae duodecim apostolorum presbyter cardinalis . ego gregorius tituli anastasiae presbyter cardinalis . ego thomas tituli sancti sabinae presbyter cardinalis . ego honorius catholicae ecclesiae episcopus . ego guido prenestinus episcopus . ego conradus portuensis & sanctae runffiae episcopus . ego frater nicholaus tusculanus episcopus . ego guido sancti nicholai in carcere tulliano diaconus cardinalis . ego octo sanctorum sergii & bachi diaconus cardinalis . ego gregorius sancti theod. diaconus cardinalis . ego stephanus sancti adriani diaconus cardinalis . data laterani per manum ranerii sanctae romanae ecclesiae vicecamerarii . kal. martii , indictione . incarnationis dominicae anno . pontificatus verò domini honorii tertii , anno tertio . in this bull it is observable . . that although most of the priviledges , exemptions from archiepiscopal and episcopal jurisdiction , and the abbots ecclesiastical jurisdiction and pontificial habit , as well as the lands , cells , churches , chappels , &c. there mentioned , were originally granted by * king offa , and confirmed by other kings charters mentioned in this bull , and did not principally flow from popes , who did but confirme the kings charters ; yet this pope ( as some of his predecessors ) took upon him , to be as it were the originall granter of them ; and of the abbots pontifical robes & precedency before all other abbots . . that he reserved an ounce of gold to be paid annually to him and his successors for this bull of liberties granted them , as pope * caelestine had formerly done , in high derogation of the kings regall perogative , as king henry the d . declared to the abbot upon sight of pope caelestines bull. . that abbots out of their pride or ambition , were the principal advancers of the popes usurpations , by petitioning for , and purchasing such bulls as these from popes , to exempt themselves from all secular , archiepiscopal and episcopal jurisdiction ( which raised many contests between our archbishops , bishops and abbots ) to be only under the power of the pope himselfe and his legates ; who inserted , à salvo in omnibus apostolicae sedis authoritate . . that the pope in this bull gives precedency to popes and their bulls before our kings and their charters , which was not usuall in most preceeding bullsof confirmation . matthew paris in the life of john the next abbot and others succeeding him 〈◊〉 complaines , that notwithstanding all these priviledges and popes bulls very dearly purchased , they were presently and frequently violated by popes and their agents , or evaded by non obstantes , as meer insignificant cyphers , and pious cheats to pick their purses . book . chap. . p. . l. . before ( this year ) this passage and writ should have been placed . the bishops in ireland usurping upon the kings crown and courts , in presuming to hold pleas of advousons , of churches , chapples , chattels , layfee , and goods which were not given in mariage or by will , against the laws of england there established by him and his father king john , issued this general writ or proclamation to inhibitthem to hold plea thereof . rex comitibus , baronibus , militibus , & liberis hominibus , & omnibus aliis de terra hiberniae salutem . quia manifeste esse dignoscitur contra coronam et dignitatem nostram , et consuetudines , et leges regni nostri angliae quas bonae memoriae dominus johannes rex , pater noster , de communi omnium de hibernia consensu teneri statuit in terra illa , quod placita non teneantur in curia christianitatis de advocationibus ecclesiarum et capellarum , vel de laico feodo , vel de catallis , quae non sunt de teflamento vel matrimonio . vobis mandamus prohibentes , quatinus hujusmodi placita in curia christianitatis nullatenus sequi praesumatis , in manifestum dignitatis et coronae nostrae praejudicium . scituri pro certo , quod si feceritis , dedimus in mandato iusticiario nostro hyberniae , ut juxta statuta curiae nostrae in anglia contra transgressiones hujus mandati nostri cum justitia procedat , et quod nostrum est exequatur . in cujus , &c. teste rege apud winchcomb . . die octobris anno regni nostri . et mandatum est justiciario hyberniae per literas clausas , quod praedictas literas patentes , publice legi , & teneri faciat . book . chap. . p. . l. . this should have been inserted . matthew paris in the life of william abbot of saint albans relates this story of an italian who had been violently intruded by the popes provision against right into the church of herteburne for many years , being troubled in his conscience for it , resigned it up to the abbot , the only president of this kind in our histories , whereupon the abbot reconferred it on him , as right patron thereof . ad titulos autem dignoscitur ipsius abbatis willielmi pertinere , quod cum magister hugo natione italicus , ecclesiam de herteburna , per intrusionem romanae curiae violenter obtinuisset , cavens conscientiae suae quam graviter ●aesam senserat , venit ad abbatem gulielmum , et dixit ei , cum lachrymis , domine , illegitimum ingressum habui ad ecclesiam vestram quae ad donationem vestram pertinet , unde fructus aegro animo plurimis annis ( heu mihi ) recepi temerarius . ipsam igitur , pater sancte in manibus vestris resigno . cui abbas miseratus et misertus respondit , non inveni tantam fidem in aliquo transalpino , et ego ipsam recipio ; et post dimidium minus horae intervallum cum silentio ipse abbas , ( nullius praeterquam spiritus sancti fretus consilio ) recolens , qualiter beatus thomas martyr cantuariensem archiepiscopatum in manus papae ( quia ingressum habuit imperiosis praecibus regis henrici ) resignavit , et iterum canonice institui promeruit , accito hugone ait , et ego tibi eam charitative confero , ut tua serenetur conscientia . quam recipiens cum gratiarum actionibus , multis annis vixit idem hugo sanctissme . ouod audiens papa cum suis cardinalibus , factum quamplurimum laud●vit , sed similia facere recusavit . book . chap. . p. . l. . this passage was omitted by the printer ; how numerous , rich , insolent the popes italian usurers were , who returned his extorted monies for him from england , and furnished the king , prelates and others who wanted money , upon good security , at excessive rates both at rome and in england , to pay what was extorted from , or given by them to purchase preferments , provisions , or bribe the pope , cardinals , officers of the court of rome , what stately houses they purchased , and how they were questioned , imprisoned both as hereticks , traytors by the king , till they purchased their peace with money , is thus registred by matthew paris . temporibus sub eisdem , usurarii transa●pini , quos caursinos appellamus adeò multiplicati sunt , et ditati , quod nobilissima palatia londini sibi comparantes , stabilem sibi , more civium indigenarum mansionem statuerunt . nec sunt ausi praelati obmutire , quia se mercatores domini papae extitisse affirmarunt , nec audebant cives obloqui quia magnatum quorundam , quorum , ut dicebatur , pecuniam ad multiplicandam seminabant , exemplo romanae curiae , favore defendebantur . veruntamen tunc temporis graviter in civili foro , ▪ domino rege sic volente et caute procurante , sunt accusati , et in causam ante judicem tractati , et sedente londini pro iudice ex parte regis accusantis , velut schismatici , vel haeretici , et regiae laesae rei majestatis , vocati tenebantur tanquam incarcerandi , et gravius puniendi , pro eo nimirum quod se christianos profitentes totum regnum angliae turpissimo quaestu faenoris macularunt . vnde dominus rex christianissimus , qui juravit sancta instituta ecclesiae conservare illaesa , se conqueritur in conscientia sua graviter sauciatum . quod cum non posset inficiari , capti sunt eorum aliqui carcerali custodiae mancipandi , alii vero in locis abditis latuerunt . quibus auditis , gavisi sunt judaei , suae se habere jam participes servitutis . tandem interveniente haud minimae pecuniae quantitate aemuli judaeorum caursini in pace ad tempus sunt demissi . dixeratque unus eorum mihi haec de ipsis scripturo , sub attestatione magni sacramenti , quod nisi sibi mansiones sumptuosas comparassent londini vix aliquis eorum in anglia remansisset . book . chap. . p. . l. . before , ( what power ) these passages should have been printed . in what vast debts and summes of money the pope involved the king to gain the kiugdome of sicily and apulia for his son ; how unchristianly and violently he extorted monyes from time to time from the poor jewes to satisfie the pope ; and how lamentably they complained of the kings rapines , and the popes usurers undoing them by taking away their trade of usury ; and how earnestly they petitioned for license to desert the kingdome ; will appear by these two passages . anno . and . diebus quoque sub eisdem , post pascha , citra dies tamen rogantium , rex ne quiesceret , adeo delaevit in judaeorum popellum miserimum ut vivere fastidirent . et cum convocarentur , exegit ab eis comes richardus ad opus regis quamplurimum indigentis , pecuniam non minimam , sub paena carceris teterrimi , & mortis ignominiosae . elyas igitur de londino , judaeorum pontifex , habito ●um sociis suis ▪ consilio , respondit pro omnibus , qui maximam frequenter , nolens , volens solverat pecuniam . o domini proceres , videmus indubitanter , quod dominus rex nos delere proponit de sub caelo . det nobis , petimus pro deo , licentiam & conductum recedendi a regni suo , ut alibi quaeramus & inveniamus mansionem sub aliquo principe , qui alicujus viscera gestat misericordiae , & veritatis ac fidelitatis stabilitatem . et recedemus irredituri , relictis hic suppelectili , & domiciliis . quomodo diligeret nos misellos judaeos , vel nobis parceret , qui suos anglicos destruit naturales ? habet papales , imo suos mercatores , non dico foeneratores , qui de praestationibus cumulos coacervant pecuniarum infinitos ▪ innitatur rex eis , etsuis inhiet emolumentis . nos profecto supplantarunt et depauperarunt . quod utique scire rex dissimular , exigens a nobis quae non possumus exhibere , etsi oculos erueret , vel excoriatos jugularet . et hoc singultibus & lachrymis sermonem impedientibus dicens , siluit , ferè cadens in extasim moriturus . quod cum ad notitiam magistratuum pervenisset , non permiserunt eos a regno recedere , dicentes . quo fugeritis miseri ? ecce rex francorum vos odit , & prosequitur , & exilio perpetuo condemnavit , vitantes charybdim in scyllam mergi desideratis . et sic parva substantiola quae eis ad eorum exilem sustentationem relinquebatur ab eisdem violenter est extorta . et cum carnisprivii tempus advenissent , rex à judaeis , licet multoties depauperatis , exegit cum magna instantia octo millia marcarum , sub poena suspendii tempestivè sibi persolvenda . ipsi vero videntes nil aliud sibi imminere nisi exterminium cum confusione , responderunt omnes unanimiter : domine rex videmus quod nec christianis parcis nec judaeis , quin omnes argumentosè studeas depauperare , nulla nobis spes est respirandi , usurarii papae nos supplantaverunt ; permitte nos exire de regno tuo sub salvo conductu . et nos nobis qualem qualem quaeremus mansionem . quod cum rex audisset , exclamavit querula voce dicens : non est mirandum si aveo pecuniam , horrendum est imaginari debita quibus teneor obligatus . per caput dei , ascendit ad summam ducentorum millium marcarum , & si dicerem trium , metas non transgrederer veritatis . seducor undique . mutilatus rex sum & abbreviatus , imo jam dividuatus . facta enim reddituum certa expensionis aestimatione , ascendit summa annui redditus edwardi filii mei ad plusquam . millia marcarum . necesse igitur habeo vivere de pecunia undecunque , à quibuscunque qualitercunque adquisita . factus igitur alter titus vel vespatianus , vendidit judaeos per aliquot annos comiti richardo fratri suo , ut quos rex excoriaverat , comes evisceraret . tamen comes pepercit eis considerans eorum potestatem abbreviatam , & paupertatem ignominiosam , book . chap. . p. . l. . this passage was omitted . eodem vero anno abbas abendoniae paralyticus , dum inutilis langueret morti subarratus , venerant monachi ejusdem domus ad regem , postulantes humiliter , ut cedente abbate sibi et aliis inutili liceret , eis domum suam pacifice possidere , et eidem consulere utiliter disponendo . propter quam gratiam , ex abundanti eidem regi quingentas numerarunt marcas . cum autem domum redirent , infra quindecim dies obiit abbas paraliticus . conventus autem sibi illico eligendo providit salubriter : quod enim sic eis liceret , insertum fuit chartae , quam de rege obtinuerant , credebat enim rex , quod diutius vitam continuaret . consueverunt enim paralytici vitam protrahere diuturnam . cum autem rex de morte ejus certificaretur , obstupuit vehementer . et dolens exclamavit , dicens : o pro capite dei ( ut verbis ejus utar consuetis ) qualiter fallor , seductus et circumventus , qui non plus quam quingentas marcas ab illa opima domo recepi , tam cito in posterum vacatura , qui de sylvis ejusdem domus , si in manu mea paucis diebus teneretur , absque aliis emolumentis , tantundem fueram recepturus , ut mille marcas vel plus , ad aerarium meum revocarem . patuit ergo luce clarius singulis & universis , quod de die in diem magis ac magis , postquam rex juraverat se pacem & libertatem ecclesiae sustinere & conservare , ejus avaritiam sitim & incrementum suscepisse ; onely to furnish the pope with moneyes for to gain apulia . book . chap. . p. . l. . before pope alexander ; this should have been inserted . this archbishop of colen with others , was sent into england from the princes of germany , to richard earle of cornwall to recertifie him , that they had unanimously elected him for their emperor ; which he was loath to accept of , quia duo paucis elapsis annis in regem almanniae electi & promoti , sinistros & finales casus , quasi deo irato , promeruerant . whereupon fuerunt qui dicerent comiti verba consolatoria . o comes sapiens & circumspecte , quid haesitas , quasi te perterreat casus ▪ landegravii henrici , & iterum casus sinister comitis williel . hollandi ? non papa te intrudit violenter ( as he did them ) qui de spoliis ecclesiae et rapinis crucesignatorum tibi spondet necessaria , quae nunquam tibi forent profutura . ipsa nempe papa turpiter adquisita , non ad misericordiam , scil . potius ad iram provocarunt . thesauro tibi reservato , qui de regno alemanniae colligitur , et ad opus tuum fideliter reservatur ; abundas thesauro tuo proprio , velut alter octavianus : instauraris amicis tam alemannis , quàm anglis , &c. whereupon he accepted it . magnates alemanniae , nec italicum vel romanum et praecipue papalem aliquatenus eligere , , propter insatiabilem eorum avaritiam . elegerunt igitur inito diligenti cum deliberatione consilio , comitem richardum , tum propter linguam anglicanam , &c. tum propter ejus fidelitatem , constantiam , & sapientiam , tum propter sui thesauri abundantiam . unde quidam , scilicet satyricus , satis inquit satyricè nummus , ait , pro me , nubit cornubia romae . book . chap. . p. . l. . before ( mat. paris ) this should have been inserted * anno . gravis in urbe romana sacta est seditio & civium maxima cum schismate perturbatio , &c. confaederatis igitur popularibus , de consilio cujusdam anglici , concivis eorum , magistri pistorum in urbe matthaei dicti de bealuere , facto impetu vehementi , catervatim ruentes & glomeratim , carcerem in quo brancaleo pristinus senator tenebatur in vinculis , confregerunt , & liberantes constituerunt eum senatorem , facientes ei secundum pristinam urbis consuetudinem cum juramentis fidelitatem . roboratus igitur brancaleo , expulit ab urbe sibi adversantes , et hannibalenses duos , scilicet consanguineos cujusdam cardinalis , patibulis fecit praesentari , spernens papalem reverentiam , nec papalibus pepercit amicis aut consanguineis . quos cum papa excommunicaret , scilicet brancaleonem senatorem et suos fautores , ipsi cachinnantes omnes minas suas contempserunt , et potestatem in eos exercendam non tantum parvipendebant , sed etiam sannis vilipendebant . ipsi se asserebant habere privilegium , quod nequit aliquis papa eos excommunicare , et subsannantes comminabantur ipsum papam cum suis cardinalibus , usque ad internecionem persequi et damnificare . quo cognito , papa sibi timuit , et dixit fratribus . dum furor in cursu est , currenti cede furori . et ne malis pejora succederent , se subito contulit viterbium , proponens se remotius , scilicet assisium conferre . but at l●st he was forced to humble himself to brancaleo , and implore his favor . whereupon manfridus , quia papam odio habuit , & senatorem brancaleonem praecordialiter dilexerat , gavisus vehementer est : quod qui paulo antè minas jaculabatur , et sententiam excommunicationis comminabatur fulgurare , sic humiliatus est , quod ea quae pacis sunt cogebatur postulare . spospondit igitur princeps manfredus , eidem senatori brancaleoni se ad omnia necessaria subventurum . et sic destitutus est undique amicus regis anglorum henrici , cui consuevit potenter suffragari , totaque inaestimabilis pecunia , quam pro regno apuliae adquirendo effuderat , et illuc transmiserat , non sufficiebat ad adquietandum usuras , quae tacite subrepentes , ipsum regem ignarum illaquearent , et incircumspectum . imposuit insuper ei papa , quod deceperat ecclesiam et circummvenerat : unde fama ejus , inter omnes nationes obsorduit vehementer . when as the pope himself was the grand and most infamous cheater ▪ diebus sub eisdem , excanduit papa in regem anglorum , eo quod promissa toties iterata non observans , seipsum ultro obligaverat sub poena amissionis regni , excessus corrigere consuetos . instante igitur episcopo roffensi laurentio ( such was his episcopal loyalty ) et aliis multis urgentissime , proposuit papa , post admonitiones infructuosas in regem fulgurare sententiam e●communicationis , et regnum interdicere , ( such was his papal presumption ) et graviora gravibus successive cumulare rex igitur mente confusus , ( who wanted the courage of brancaleo , and the english bakers valor at rome ) quinque millia marcarum domino papae numeravit , ut iram temperans cordis sui hanc sententiam ad tempus prorogaret atque differret . dominus autem papa precio et precibus postulantis ilico adquievit . ( whereas the king should have derided , contemned it , as the romans then did under his very nose in rome it self , and much more he a king , at a greater distance . ) et sic depauperato regno angliae , & undique bonis suis spoliato , omnis spes de obtinendo regno apuliae penè evanuit exsufflata , nisi quod in sinu novi regis alemanniae richardi aliquantula , sed nimis exilis , est reposita , quia nondum culmen imperii est adeptus . such a grosse holy cheat did those unholy popes put upon this our deluded king henry , his sonne edmund , and our kingdomes . this record should have been inserted . book . chap. . p. . l. . what an ecclesiastical soveraignty king henry the d. exercised in the appropriating of churches , and endowing of vicaridges , this memorable writ for that purpose issued to the bishop of worcester anno h. . will clearly evidence . rex domino wigorn. episcopo salutem . ex quo minus honestum vobis videbatur appropriare monachis nostris wigorn. ecclesiam de bremgrave in forma quam intendebamus , videlicet , ut augeretur numerus eorum , discretioni vestrae relinquerimus , ut secundum quod videritis honestius id fieri posse , & animae bonae memoriae domini j. regis patris nostri , cui super hoc subveniri cupimus , magis expedire de appropriatione praedicta disponatis , secundum tenorem cartae nostrae . ita tamen , quod vicaria mediocris sit , & modum non e●cedat , & quod provisionem vestram in hac parte per literas vestras nobis plenius certificetis , antequam ipsam promulge●is vel statuetis . teste rege apud wudstock die februarii . finis . courteous readers , for the readier finding of the principal persons , places , matters conteined in this volume , i have made several distinct indexes or tables thereunto . the . of the authors and authorities of all sorts therein quoted and made use of . the . of the english and other abbies , priories , monasteries , nunneries , abbots , priors , and all matters relating to them . the . of the english and welsh archbishopricks , bishopricks , archbishops , biships , their elections , actions , treasons , extravagances , contests , and all matters relating to them in this tome . the . of the irish . the . of forraign archbishopricks , bishopricks , archbishops , biships , their elections , and actions herein mentioned . the . of the english , irish , and other archdeaconries , deaneries , archdeacons , deans . the . of the english and other earls . the . of the chief officers of state of england and ireland . the . of barons , knights , and other principal persons names of our english or other nations . the . of the popes of rome . the . of the romish cardinals . the . of the popes legats , nuncioes , agents in england , ireland , or other forreign dominions . the . of cities , castles , churches , parishes , places , and passages relating to them ; with the pages wherein you may finde them . the . of the principall matters herein contained , wherein the names , actions of cur own and other kings , emperors , princes , and chief persons , are more particularly related . the . of sacred texts occasionally abused by the pontificians to maintain st. peters and popes supremacies , the adoration and soveraign exaltation of the virgin mary , saints departed , transubstantiation and other popish errors ; or made use of , to refute their mistakes , and corruptions . in the respective indexes of the abbies , monasteries , archbishopricks , bishopricks , priories , archdeaconries , deaneries , earldomes , offices , i have observed an alphabetical method , in respect of the places themselves ; but pursued a chronological method in relation to the abbots . priors , archbishops , bishops , archdeacons , deans , earls , officers , beginning with the antientest , and so descending , as most consonant to my chronology . only i have observed an alphabetical method in the popes . an alphabetical index of the authors quoted in this tome upon several occasions . a. accursius , p. . corn. agrippa , p. . aegidius de roma , p. . ailredus abbas , p. , . albertus , p. , , , . alciatus , p. . alexander alensis , p. , , . petrus de alliaco , p. . jacobus almain , p. , . theodoricus de alpodis , p. . s. ambrosius , p. . gul. amesius , p. , . antidotarium animae , p. . anton. andraeas , p. . anselmus archiep. cantuariae , p. , , , , , , , , , , . antoninus archiepisc . florentinus , p. , , , , , , . tho. aquinas , p. , , , . aretinus , p. , . fr. aretinus , p. . johannes de arnona , p. . st. athanasius , p. . jo. de aton , p. ▪ , , , , to . ▪ to . steph. aufrerus , p. . st. augustinus , p. , , . petrus aureolus , p. . b. johannes bacon , p. . sir rich. bak●r , p. , , , . johannes balaeus , p. ▪ , . baldus perusianus , p. , . dr. rob. barnes , p. ▪ . cardinal baronius , p. , , , , , , , , , , ▪ sebast. barradius , p. . bartolus , p. . pere basil , p. . thom. beacon , p. , . dr. tho. beard , p. , , , , , . martinus becanus , p. , , . beda , p. , , . cardinal robert. bellarminus , p. , , , , , , , , to , , . petrus belluga , p. . petrus bembus cardinalis , p. . gul. benedictus , p. . benno cardinalis , p. . beomond , p. . berengarius , p. , . st. bernardus , p. , , , , , , , , , , , , . bernardinus de busti , p. , to , , . bernardinus de seni● , p. , , , , , ● , , , , , . jacobus b●r●ochinus , p. . bertramus , p. . gabriel biel , p. , , , . tho. bilson bishop of winton , p. . laurentius bochellus , p. . epist . to the readers . johannis bodinus , p. , , . herman . bodius , p. . s. bonaventura , p. , , , , , , , ▪ bossius , p. . dr. john boyes , p. ▪ , . tho. bozius , p. . , , . franciscus bozzius , p. . henricus de bracton , p. , , , , , , to . appendix p. . and elswhere mr. brerely priest , p. , , . breviarium romanum , p. , . st. brigitta , p. , , , , , , . hervaeus brito , p. , . britton , a judge , p. ● , . barthol . brixiensis , p. , , . johannis bromton chronicon , p. , , , , , . justice brooke , p. , , , , . appendix , p. . steph ▪ brulifer , p. . bucanon , p. . buxtorsius , p. . c. cardinal cajetanus , p. , , . archiep. caesariensis , p. . calderinus , p. . mr. calf hill , p. . giraldus cambrensis , p. , . mr. will. cambden , p. , . edmond campion , p. . petrus canisius , p. , , , . julius capitolinus , p. . johan . capreolus , p. . ubertinus de careggio , p. . alexander carerius , p. , , . arnoldus carnotensis , p. , , . ivo carnotensis , appendix , p. . dionysius carthusianus , p. . thomas cartwright , p. , , . georgius cassander , p. , , . joannes de castro , p. . catechismus tridentinus , p. . ambrosius catherinus , p. . will. caxton , p. , , , to . , . caeremoniale romanum . p. . ranulphus cestrensis , p. . episc . chemnensis , p. . mart. chemnitius , p. . laertius cherubinus , p. . stanislaus christian , p. . chronicon august . p. . st. chrysostomus , p. , , . — chrysostomus à visitatione , p. . cicero , p. . angelus de clavasio , or summa angelica , p. , , , , , , . nicholaus de clemangiis , p. . jud coccius , p ● , . fr coll●us , p. ●● . philippus commaeus , p. . concilium lateranum sub innocentio iii. p. . . concilium oxoniense , p. , , . concilium tol t●num , p. . concilium tridentinum , p. , , . sir edward cooke , p , , , , , , , , , . and epistle to the reader . antonius co●s●tus , p. . co●arruvias , p. . archbishop cranmer , p. . albertus crantzius , p : . dr. crakenthorp , p. . , , , , . cravetta , p. . joan. crispine , p. , . cromatius , p . cromerus , p. . francis de croy , p. . radulphus cupers , p. . curopolites , p . rich. de cu●te , p. , . fran. curtius junior , p . cardinal cusanus , p. . . d. joannes damascenus , p. . petrus dammianus , p. , . samuel daniel , p. , , . and elsewhere in the margin . sir john davis , epist the reader . carolus degrassatus , p. . joannes diac●us , p. . radulphus de diceto , p. . ● , , . diodorus siculus , p. . dionysius halicarnasseus , p. . diurnale romanum , parisiis . p. . george dowl●y priest , p. . durandus , p. . . e. eadmerus , p : . appendix , p. . boetius e●o● , p. . erford , p. . epiphanius , p. , to . , . claudius espen●aeus , p. , , , , , . gul. esti●● , p. . eugenius papa iii. p . eulogium , p. , . euripiaes , p. . enthymius , p. . f. fabian , p . and elsewhere . alexander fabricius , p. . claude fauche● , epistle to the reader . faber faventinus , p. . felyaus , p. . . ferandus , p. . ferarius , p. . justice fitzherbert , p. , , . henr. fitz-simon , p. . fleta , p. , . follerus , p. . mr. john fox , p. , , , , , , , , , , , , , . & elsewhere . froissard , p. . dr. fulke , p. . . g. anton . gabrielius , p. . mr. tho. gataker , p. . gilb. genebrardus , p. . will. à gent. p. . gervasius dor●born . p. , , , , . justice ranulph●s glanvil , p. , . bishop godwin his catalogue of bishops , p. , , , , , , , , , , , , , , . and elsewhere sporsim in the margin to . melchior goldastus epistle to the reader . gorrichen , p. . richard graston , p. , , . and elsewhere . gratianus , p. , , , , , , , , . appendix , p. . edward grimston , p. . hugo grotius , p. , . fr. guicciardinus , p. . h johannis prior hagustaldensis , p. . halls chronicle , p. . joseph hall bishop of exeter . p. . sir john heyward , p. . higden , p. , . st. hieronimus , p. , , . st. hilarius , p. . history of the council of trent , p. . sir henry hobart , p. . robertus holkot , p. , . . ralph holinshed , p. , , and elsewhere in the margin . homerus , p. . horae beatae mariae secundum usum romanum , p. , , , . horae b. mariae secundum usum sarum , parisiis . p. , to , , , , , , , . hours of our lady in english , printed at st. omers p. , &c. andrew horne , p. . rod. hospinianus , p. , . hostiensis , p. . . roger hoveden , p. , , to , , , , , . appendix , p. . and elsewhere . dr. hoyle , p. . henricus de huntindon , p. . i corn . jansenius , p. . jason , p. . john jewel bishop of sarum , p. , , , , , , . index expurgatorius , p. . abbot ingulphus , p. . innocentius papa iii. p. . see innocentius iii. in the index of popes . k. henry de knyghton , p. , , , , , , , , , . and elsewhere . l. mr. william lambard , p. . ●lius lampridius , p. . ledesma , p. . leo papa x. p. . augustinus leonissa , p. . . leo●ard●s lessius , jes . p. . willielmus lindanus , p. . hercules lipomanus , p. , . justus lipsius , p. . litaniae deip. virginis mariae , &c. antwerpiae . p. , . judge littleton , p. . gaspar loarte jesuita , p. . loazes , p. . michael lochmair , p. , , , , , , , , , . petrus lombard●s , p. , . ludovicus lucius , p. , . martinus lutherus , p. , . sir humsry lynde , p. . william lyndewode , p. , , to , . and elswhere . m. centuriae magdeburgenses , p. , . jo. maldonet , p. , . mallon a jesuit , p. , , . a manual of godly prayers , st. omers . p. , . willielmus malmesburiensis , p. . gualther mapes , p. , . johannes marian● , p. . philippe de marnix , p. . johannes marius , p. . dr. marta , p. . to . , . martialis poeta , p. . franciscus de mayro , p. . richardus de media villa , p. , , . medina , p. . simeon metaphrastes , p. . menochius , p. . minutius felix , p. . micrologus , p. . missale romanum , p. . . missale parvum pro sacerdotibus in anglia itiner antibus , p. . missae votivae , p. . car. molinaeus , epistle to the reader . monstrel , p. . galfridus monumetensis , p. . sir thomas moore , p. . philippus de mornay , p. . tho. morton bishop of durham , p. , , , , , , , , , , . peter dis moulin , p. . n. nauclerus , p. . will , neubrigensis , p. , . nicetas , p. . theodoricus à niem , p. . nicholas cardinal of arragon , p. . o. gul . ockam , p. , . oecolampadius , p. . oecumenius , p. . officium b. mariae , secundum usum sarum : see horae officium ● . mariae nuper reformatum : & pii v. pontificis jussu editum , &c. a rouen . & in diurnale romanum , parisiis . p. . officium conceptionis mariae , p. . onuphrius , p. , . onus ecclesiae , p. . petrus opmerus , p. , , , . origen , p. , , . ormerod , p. . osbernus , p. . cardinal ossat , p. . osorius , p. . ovidius , p. . p. petru● de pa●ude , p. . abbas panormitanus , p. . johannes de parisiis , p. . mat. paris , p. , , , and elswhere sparsim almost throughout the whole tome . mat. parker , aneiqu . eccles . ●●it . p. , , , , , &c. sparsim to p. . ro. parsons , p. . stephanus patracensis archiepiscopus , p. , . pelargus , p. . alvarus pelagius , p. , , , , , , . pelichdorfius , p. . lucas de penna , p. . gul. peraldus , p. . pererius , p. . pindarus , p. . barth . de pisis , p. . pierre de ●it●o●● , p. , , to . bishop p●kington , p. . platina , p. . . plato , p. . c. plinius secundus , p. . plutarchus , p. . martinus polonus , p. . trebellius pollio , p. . georgius bartholdus pontanus , p. . pontificale romanum , p. , . anton de prato , p. . primer of our lady in latin and english , secundum usum sarum , parisiis . p. , , ● , , , . primer of our lady in english , st. omers . p. . . r. johannis de rada , p. . justice rastal , p. , , . dr. john rainolds , p. , . paschatius rathertus , p. , , , . pet. rebuffus , p. . reinking●us , p. . rhemish testament , p. . petrus ribadeniera , p. , , , , , , , , ● , . ribera , p. . riminaldus senior & junior , p. . rosary of our lady , p. , &c. the fraternity of the rosary , p. . albericus de rosate , p. , , . anton. de rosellis , p. . . bon. rugerius , p. . alanus de rupe , p. . s. ant . coc. sabellicus , p. . alph. salmeron , p. . sir edwin sandys , p. . . sapia , p. . ludolphus saxo , p. . johannis scapula , p. . johan . schneidewin , p. . gaspar sciopius , p. ● . johan . duns scotus , p. , , , . mr. john selden , appendix , p. . sixtus senensis , p. . . seneca , p. . sigebertus , p. . andreas siculus , p. . sir thomas smith , p. . socinus senior & junior , p. . appendix , p. . somner his glossary , p. . sophocles , p. . john speed , p. , n , , , , , . . and elswhere . speculum exemplorum , p. . speculum vitae sancti francisci , p. . sir henry spelman , p. . . appendix , p. . henr. spondanus , p. , , &c. see baronius . thomas sprot , p. . albertus stadius , p. . henry stafford , p. . justice stamford , p. . stella , p. . . josephus stephanus , p. . augustinus steuchus , p. . john stow , p. . &c. thomas stubs , p. . gulielmus stuckius , p. . suarez a jesuite , p. , . laurentius surius , p. , , , , , , , , , , . sir christopher sybthorp , epist . to the reader . t. corn . tacitus , p. . henr. tamaret , p. . ri. tapperus , p. . terentius , p. . theophilactus ▪ p , . johannes thierry , p. . william thorn , p. . appendix , p. . to . fr. tolletus , p. . franciscus torrensis , p. . trevisa , p. . augustinus triumphus , p. . baptista trovomala , summa rosella . p. , . , , . hor. turselinus , p. , . sir roger twisden , epist . to the reader p. . , , , , . william tyndall , p. . v. gregor . de valentia , p. . francisc . vargas , p. . henr. de varumaria , p. . gabr. vasquez , p. , , . paulus venetus , p. , . blas . viegas , p. , , . vincentius beluacensis , p. , , . virgilius poeta , p. , . ludovicus vives , p. . . raphael volateranus , p. . . flavius vopiscus , p . james usher archbishop of ardmach , p. , , , , , , , . abbas uspergensis , p. . w. tho . waldensis , p. . , . baldwinus walae●s , p. . tho. walsingham , p. , , , , , ▪ , , . dr. wats , p. . wendover , p. . matt. westminster , p. , , , and sparsim throughout the tome . wernerus fascic . temporum , p. . dr. john white , p. , , , , . y. yldephonsus arch. toletanus , p. , . z. lel . zecchus , p. . zonaras , p. . index . of the several english , welsh , and other abbies , monasteries , nunneries , priories ; their abbots , abbesses , priors names , actions , and all things relating to them either in general , or particularly to each of them mentioned in this tome . pope gregory the . his bull for visiting all religious orders ▪ and houses , p. , , . abbots summoned to the council of lyons , p. . the epistle of the abbots , priors , covents of england to pope innocent the . against his innovations and oppressions , p. , , . king henry the . his inquisition of all their mannors , lands , re●●● , and their values , p. . a catalogue of the convert jewes sent by him to each of them by several writs , to be there relieved , p. , to . all of the cistercian order summoned by rustand the popes nuncio , p. , , . pope alexander the . and his cardinals new edict , that all exempt alb●ts should repair to rome after their elections , p. . a. abbendune , abendon , abby and abbots : the abbot one of the popes delegates to excommunicate the barons and citizens of london , p. , to . it s church dedicated , p. . the popes provision to him for st. helena church to a roman , disobeyed to please the king , his citation to rome , and vexation thereupon , p. , . convert jewes sent to it by writ , p. . his barony seised for not sending horse and arms to the king upon summons , p. . the monks purchase a license to chuse a new abbot for marks , after the death of their paralitick abbot , which the king repents of , he dying soon after , appendix , p. . abbodesbiry abb. convert jewes sent to it , p. , . abercukuna abby in wales sacked , burnt by the english , p. . st. agatha ab ▪ convert jewes sent thereto , p. , st. albans ab : john abbot , the temporaltles thereof seised for his contempt , in obeying the popes intérdict before king johns edict to celebrate divine service , till he paid marks ; its officers removed , others placed there by the king , who extorted above marks from it , p. , . william abbot , what pope innocent the d. spake to , extorted from him at the council of lateran ere dismissed , p. , . this popes suspension of the archbishop there published and ratified by the kings command , p. the kings license to elect an abbot defe●red till his comming into england , p. . the bishop of armenia there honourably entertained , p. . a great consistory there held about the countesse of essex her divorce , p. . plead their priviledges of exemption from the general visitors of pope gregory the . p. . their manner of electing abbots . johan . de hertford elected , the proceedings therein ; a new oath exacted of him by pope greg. the ▪ the kings license , confirmation , the procurations , bulls and popes exactions concerning it , p. , to . a prohibition to him as popes delegate not to hold plea of lay fee , &c p. . a delegate to absolve the monks of canterbury , p. . it s abbot , the first , chiefest of all english abbots , p. . appendix , p. . excuseth himself by proxie by reason of his age for not appearing at the council of lyons , p ▪ . the kings prohibition to him to pay no tax to the popes use , p. . the popes freers exact monies from him under great penalties , which he excuseth , appeals against , but is forced to pay . instead of . marks , besides . more sent , p. , to . king h. ● . beggs and extorts money from the abbot , p. . the bishop of bangor sojourns there , his bishoprick being wasted by wars , p. . the bishop of london and his canons crave the abbots , covents advice assistance against the archbishops excommunication , p. , . one of the popes delegates to examine this businesse , and absolve them , p. , . the kings grant of a warren with a non obstante to his prejudice , p. . his ayd demanded by other abbots against the bps encroachments on them , p. . it s orchard , p. . pope innocent the . his bull to them concerning the moderating of provisions , p. , &c. it s visitation , p. . john abbot successor to william his reformation , ibid. archbishop boniface peaceable towards it , p . the popes bull for provisions to the abbot for italians , and their insolency , p. . a refuge to afflicted persons , p. . rustand exacts marks of him for the pope , besides use , &c. p. . an appeal against the popes provision , the kings letter on their behalf , p. , . the popes injunction to pay marks to his merchants , p. . interdicted notwithstanding its priviledges for not paying it , p. . an imperious provision to it for a roman , p. . the archb. of messana , a monk , his imperiousness , exacts . marks for procurations , . refuseth to ayd the king , rather obeys the popes then kings commands , , . the kings prohibition not to suffer any monies of the bishop of winchester , &c. to be carryed thence , under pain of seising their lands , p. . he lends the king marks , which is allowed in his disms , . one of the popes commissaries to restore the abbot of s. augustins append. p. . k. offa its founder , ●b . p. . pope honorius the . his large bull of all privileges granted o● belonging to it , appendix p. , &c. the bulls , charters recited in it , ibid. . the abbots pontifical miter , other ornaments and priviledges , ibid. the abby not to be suspended from divine offices by any common interdict or excommunication , appendix , p. . peter-pence granted to it . none but the pope himself or a cardinal legat à latere to interdict or excommunicate it , ib p. . exempt from all episcopal jurisdiction , and immediatly subject to the pope alone , ibid. the pope presumed to reserve an ounce of gold each year from it by his bull of priviledge , against the kings prerogative , ibid. p. . albanensis abbas , archbishop of rhoan , the popes legate to publish the emperors excommunication , p. . ambresbery nuns removed for uncleannesse , others placed in it , p. , . the prioresse by writ to remove the corps of alienora thither from st. james bristoll , according to her will , p. , . s. andrew northampt. prior thereof commissary to rustand , p. . annestow abbesse and nunnes ; convert jewes sent to it , p. , , . st. augustines bristol ab. convert jews sent thither by writs p. , . st. augustines canterbury abby : its visitation ( as exempted ) by pope gregory . his bull , an appeal for grievances therein , p. , . archbishop edmunds composition , instrument of their priviledges , p. , . priviledges granted them by pope innocent the . the archbishop not to visit , suspend or excommunicate them , p. ● ▪ , , , ● . their priviledge against provisions of the pope , . a prohibition to the abbot not to hold plea of lay fee , p. . a writ to tax and collect their own disms , p. . contests between abbot alexander , the archbishop and archdeacons of canterbury , concerning the churches of feversham , middleton , &c. writs , excommunications , appeals concerning them ● appendix , p. , to . b. barden●y : the abbot and monks excommunicated by the archdeacon and bishop of lincoln after an appeal for a debt claimed from his predecessor , and not delivering a pontifical , against law ; for which the monks of canterbury excommunicate the bishop and his officers ; their contests , fights about it , p. , . a prohibition to the sheriff not to attach any of the monks excommunicated after their appeal , p. . to se●se their ecclesiastical benefices as well as temporalties during the vacancy as belonging to the king , allowing the monks estovers , ibid. . the abbot deprived by nicholas the popes legate , who puts another in his place , appendix , p. . bartholmew lincoln priory : convert jews sent to it , p. . . bartholmew london priory : resists the archbishops visitation , the fray , insurrection , contests about it , p. , . mediated , p . a jewish convert sent to it , p. . bathe priory , converted jews sent to it , p. , , . bound to the pope in marks without their privity , p. . elect the bishop with the dean and chapter of wells p. . begeham , bekeham , praemonstratensis ordinis abbas : greg : . his bull to him and others as his visitors of other religious houses , p. , ● , . convert jews sent to it , , , . beland , convert jews sent to it , p. , . bellalanda abbey : convert jews sent to it , p. , . de bello : the abbot opposeth the popes demands , usurpations p. . convert jews sent thither , p. , . de bello capite ab : convert jews sent to it , p. , . de bello loco abbot , the kings proctor with others to the pope and cardinals against the archbishop , p. , . a writ to be present at the archbp of yorks election by the dean and chapter , p. ; and at the bishop of winchesters , p. . of the cistercian order , built by king john , . made bishop of karliol , the kings letter in his behalf , p. . benner , benver priory : convert jews sent to it , p. , . beolton prior professeth obedience to the archbishop of yorke , saving his liberties , &c. appeals to rome , p. . berking ; a writ to promote one to be abbesse there , p. . bermundesey : prior ; writs to seise all monies of the abbot of cluny therein , p. , . founded by the kings ancestors , p. . berncestre prior , a judge in case of a mariage portion p. . bernwell priory : convert jews sent to it , p. , , . sequestred goods delivered by the priors view , . st. bertins abby in flanders , the banished monks of canterbury resort to it , p. . binham priory , of st. benedicts order , a detestable provision on its church of westle , p. . blithe priors appeal against the archbishop of york his excommunication , p. boccon abbot , a commissioner to make peace betwixt england and france , p. . boleg , convert● sent to it , p. . bolinton , boyling priories , converts sent to them , p. , . bordel abbot , a prohibition to him against his usurpations on the kings tenants , p. , . bordest abbot , one of the popes delegates , a prohibition to him , p. . bos●grave priory , converts sent to it , p. , , . boxele , boxlegg abbot , one of pope greg. the . his visitors of religious houses , , . his severity , ib. . a papal sequestration to him of the priory of winton , and kings prohibition against it , p. , . brethenhath priory , converts sent to it , p. . bridlinton prior : his appeal against the archbishop of york p. . converts sent thither , p. . bruera abby : converts sent to it , p. , . brumer ; converts sent thither , p. . buell ab. cic●strensis ordinis , p. . bukenham priory , converts sent to it , p. . buldewas , bulea●was , bild●was , converts sent thither , p. , , . of the cistercian order ; deny ayde to the king , who expostulates with them , p. , . de burgo : a writ to the prior and covent for the kings commissioners to be present at their abbots election , p. its church dedicated , p . nigri ordinis ; the abbots illegal proceedings between the abbot of bardeney and bishop of lincoln , . the abbot summoned to the council of lyons , there shamefully abused by the pope , for opposing his provision to a benefice , p. . accused for dilapidations , resigns his place ; the abby sequestred by the king , p. . burton abbots election approved by the king , p. , . c. certesey abbey , converts sent thither , p. . c●yve , the abbot the kings proctor at rome concerning a peace with france , p. . to oppose the usurpations of the bishops of ireland on the crown , p. . converts sent to it , p. . cog●shall abby ; converts sent thither , p. , . coldingham prior , recommended to be elected to rammesey , p. . colecester abby , converts sent to it , p. ● , . coventry prior and covent , the kings commissioners to be at their bishops election , p. . recommended to be elected at rames●y , p. . they and the canons of lichfield to elect the bishop of coventry and lichfield by turns : the prior to have the first voyce , p. . their elections of several bishops refused , nulled by the king , and pope , p. , . , . a pension unduly granted to them out of st. michaels church nulled by the king , p. , , . crokesden abby , converts sent to it , p. , . croxton abbot , king johns bodily and ghostly physician ; p. . his legacy to the abby , p. . cumba abby , converts sent thither , p. . d. dela dale ab. converts sent to it , p. , . daventre priory , converts sent thither , p. , . derbe prior , one of the popes delegates ; a prohibition to him , p. . derlege abby , converts sent to it , p. , . st. dionysius , odo abbot of it bestows rich gifts on the pope , for which he made him archbishop of ●●oan , p. , . dyed suddenly by divine justice for his ambition , p. . st. dogmael prior , elected bishop of st. davids , writs for him , p. , . dore abbey , converts sent to it ; p. , . dunestable : the prior a delegate to absolve the monks of canterbury , p. . converts sent thither , p. , . christ crucified seen there in the ayre , p. . dunkwell abby , converts sent to it , p. , . dunolm , durham priory ; a writ to the prior and covent for the kings delegates to be present at their election , p. . their affronts to king john in electing a bishop ; his writs , appeals concerning it , p. , to . , . contests between the bishop and them , ib. , . between king h. . and them , about a bishops election , , . his license to elect a bishop , . their election nulled ; a new one made , , . converts sent thither , p. , . bound in marks to the pope against their wills , p. , . e. st . edmunds abby : a protection for it ; committed by the king to the popes legat , p. . the abbot a commissioner to inquire of the goods formerly taken from the romans , . richard de insula abbot , his praise , death , . the abbot complains to the king against the popes exactions , . the popes delegate in the case between the abbot of glaston , and bishop of bath , p. , . king h. the . his extortions from it during the vacancy , the abbots election nulled ; bound in marks to the pope , . it s visitation by the popes delegates , . the abbot conservator of the priviledge granted to st. augustin● c●nt . . a refuge to oppressed clerks , . converts ●ent to it , , . the abbot confirmed at rome against the kings and archbishops wills , . the fre●●s m●●o●s intrude there , . it s custos during the vacancy called to account , . king h. . dyeth in it , . the abbot one of the popes delegates in a case between the archbishop of canterbury and abbot of s. augustines , proceeds therein against the kings prohibition , appendix , p. . to . the kings commissioners to be present at their election of an abbot , p. . s. edrul●us abbot , recommended to be elected bishop of sagion , p. . st. ellen de with , converts sent to it , p. . elleschirch prioresse , p. . ely prior and covent , their bishops election against the kings writ vacated ; oppressed by him , p. , , . a writ concerning the goods distreined , p. . euch●esay priory , converts sent to it , p. , . evesham abby : dedicated , p. . an heretick brought before richard abbot of it and others , p. . the kings chancellor , p. ● . converts sent thither , p. , . the abbot deprived and a new substituted by the popes legat , appendix , p. . f. st . facundus abbot , the popes legat to publish the emperors excommunication , p. . st. faith , fidis : convert jewes sent thither , p. , . farnley pharlegg priory ; converts sent thither , p. , . flay abbot of the cistercian order preached against the popes usurers corruptions , p. . flexle , flaxele abby , convert jews sent to it , p. , to . the collecting the croysado money specially committed to the abbot , p. . font-everoit nunnes placed in ambresbiry , p. , . de fontibus , fountain , funtan abbot , his appeal against the archbishop of yorks excommunication , p. . john the abbot made bishop of ely , p. . a prohibition against the abbot in a suit before the popes delegates , . converts sent thither , p. , . collector of the dismes in york province , . frecheswill , fridswell oxon priory , converts sent to it , p. , , . a prohibition against it for the church of aclea to the popes delegates , of which the monks would disinherit the king , p. . frenton prior made abbot of westminster by the popes legat p. . appendix , p. . g. gen●ue●e abbot , a prohibition against him to the popes delegates , for ●●ing for lands before them , p. , ▪ gerwedon abby , convert jews sent to it , p. , . g●●●bourne , prior and covent of st. austins order , bound in . marks to the pope against their will , p. . glaston abbey united to the bishopricks of bath and wells , sundry letters , writs , suits between the bishop of bath and abbot concerning it , p. , , , , , . convert jews sent to it , p. , , . abbot roger excommunicated , gets a prohibition , p. , . the bishop summoned for proceeding against it , p. , . godestow abbesse , converts sent thither , p. , . gregory cantuar. a prohibition to the prior then dean of canterbury , p. . convert jews sent to it , p. , , . a delegate in an ecclesiastical cause , p. . gutlac● hereford priory , converts sent to it , p. . h. hale , abby , converts sent to it , p. . harle , hurle ; ralph arundel prior , elected abbot of westminster , p. . the prior kings proctor at rome , . the popes visitor , p. . haverholm , converts sent to it , p. . hexsta●●●sh●m priory , converts sent thereto , p. , . holcontram abby , converts sent to it , , . huntindon priory , converts sent thither , , , . hyda , hyde abbot , sent by the king with an appeal to the bishop of winton , p. , . converts sent thither , p. , . i. james bristoll priory , converts sent to it , p. . james no●thampton , converts sent thereto , p. . st. johns jerusalem , p. , , , . see templars and hospitallers . k. kemere abbot , cicestrensis ordinis , one of the popes commissioners to absolve david prince of wales from his oath to k. h. . p. . kenwilworth prior , pretends right to cesterton church , p. . kingswode abby , converts sent to it , p. , . kirkest . abbey ; converts sent to it , p. . kirkham priory , converts sent th●reto , p. , . kirkstead abby , converts sent thither , p. , , . kokersand , converts sent thither , p. . kynes priory , converts sent thither , p. , . l. lancaster priory , converts sent to it , p. . lang●don , converts sent to it , p. . lanton prior , his suit and appeal against the archbishop of ardmach , p. . lanynton , converts sent thither , p. . les●es abbot , summoned to answer a contempt for holding a plea as popes delegate , against the kings prohibition , p. , . lewes priory , a convert sent to it , p. , , . leycestre priory , converts sent to it , p. , . liw●hul priory ▪ a convert sent thither . p. . m. malm●sbury , the abbot suspended by martin the popes agent , for opposing his exactions , p. . converts sent to it , p. , . a writ to him to receive a monk of winchester , p. . st. maries ebor. the abbot with others sent to meet and receive the popes legat , p. . a writ to him and others touching the bishop of winch●sters election , p. , . defamed and the monks dispersed for a false deed , . a prohibition to him concerning the liberties of york , p. . st. martin● dovor ; a writ to the constable of dover to protect the prior and covent in their liberties against the subprior and canons of canterbury , p , , . mauvern p●rva priory , converts sent to it , p. , . merkeb : converts sent to it , p. . merlus : converts sent thither , p. . merton prior , suspended for opposing the popes nuncioes exactions , p. . a writ to the prior and covent not to suffer any monyes of the bishop of winchester or his brother to be thence removed , p. . gilbert prior of it collector of the dismes , his account , p. . michelham , michalham priory , converts sent to it , p. , , . middleton abby , converts sent thither , p. , . monte-acute prior , accused , and ordered to be deprived for dilapidations , if guilty , p. , . converts sent to it , , . monte belli abbot presents articles of reformation for religious houses to pope greg. . , . n. st . neoth ▪ the priors lands unjustly seised as an alien , restored on complaint , p. . newson abbey , a jewish convert sent to it , p. . nicholas exon , a convert sent thither , p. . notle abby , a convert sent to it , p. . norwich prior and covent : the king disallows , appeals against their bishops elections , p. , , . the priors diligence to excommunicate those who opposed the popes provisions , p. . converts sent to it , p. , . burnt , spoyled by the citizens , who are severely punished for it , p. , to . novo burgo ( newburgh ) prior , his appeal against the archbishop of yorks proceedings , p. . novus locus super acolne , converts sent to it , p. . novum monasterium : the profits of the benefices of the bishoprick of karliol there sequestred , till the difference ended concerning them , p. . o. oson●eston abbey , converts sent to it , p. , . osencey , ossen●y abby : a fray there between the popes ▪ legates servants , and oxford scholars , p. , , to . the kings writ to abbot adams successor , for his cup and palfrey , due to him by custom after each abbots death , p. . st. oswald , its priors appeal against the archbishop of yorks proceedings , p. . a convert sent to it , p. , , , . o●burne , woburne abby , converts sent to it , p. . p. parco lude abby ; converts sent to it , p. , . persore abby , its church dedicated , p. . writs directed to the abbor , as popes delegate , p. . peterburgh : the bishop of du●ham dyes suddenly at it , p. ▪ peters glocester consecrated , p. . a writ to the abbot and covent to receive a monk of winchester , p. . pipewell abby , converts sent to it , , , . pontiniac abbot , the popes legate , a prohibition to him , p. . r. radegund abbot ; an attachment against him for proceeding as popes delegate , against the kings prohibition , p. . rading , reding , the abbot one of the popes delegates to excommunicate the barons and their adherents , p. , . converts sent to it , , . he refuseth to give or lend monyes to k. h. . p. . ramesey , rammesey abby ; a license to elect an abbot in the presence of others , p. . three recommended to the prior and covent by the king , p. . the church dedicated , p. . nigri ordinis . his unjust sentence , p. . barrows and lends money to the king in his distresse , p. . converts sent to it , p. , , . a monk of winton sent to it by writ , p. . his barony and temporalties seised , for not sending horse and arms to the king , upon summons , p. . the abbot deprived , and a new substituted by the popes legat , append. p. . ravinstone founded , and a prior appointed by k. h. . p. reversham abbey visited by archbishop boniface , p. . riveal , rivaus ; its abbots appeal against the archbishop of yorks proceedings , p . converts sent to it , p. ● , . roches , or de rupe , its abbots appeal against the archbishop of yorks proceedings , p. . a prohibition to the abbot and prior to levy a disme of the monks of cluny , p. . converts sent to it , p. , , . rossen , rochester prior and covent , the popes sentence for them against the archb●shop , touching their bishops election , p. , ▪ elect such a bishop as would please the king , p. . conve●ts sent to it , p. , , . ruchford , rufford ; a writ to the abbot not to prejudice the archbishop of yorks rights , p. . appeals against the archbishops proceedings , . converts sent to it , p. . de rufore , of the cisterc●●n order , oppressed by h. . p. . s. sacford prioresse , a convert sent to it , p. . abbot de salvinaco licensed to send an abbot or two monks to visit the cisterci●ns in england , p . sautre abbey , a convert sent to it , p. , ▪ seleby abbot appeals against the archbishop of yorks proceedings , p. . sent by the ring to entertain the popes legate , . appointed to be present at the election of several bishops , abbots , and give the royal assent to them , , . his goods seised for the king after his death , . seleburne prior , a prohibition to him not to hinder the kings chauntry at basing , p. . seleford priory , converts sent to it , p. , , . stafford : a prohibition to the abbots sequestration of the profits of the priory of winton by the popes order , p. . stanlegg , stanley in wiltes : a prohibition to the abbot as popes legat , p. . converts sent to it , p. , , and to stanley in arden , p. , . surgeston priory , converts sent to it , p. , . swinesheved , swinstyed abby , king john poysoned by a monk of it , p. . converts sent to it , p. , . st. swithins winton ; oppose king h. . in the election of a bishop ; their election opposed , vacated ; appeals , high contests about it , p. , , , to . , , . a royal fish on its lands seised by the kings officers , who are excommunicated for it ; a writ to absolve them , p. , . the prior , monks oppressed , thrust out by the king , bishop , new put in , p. , , , , , , . sent to other monasteries , , . converts sent to it , p. , , . t. theukesbery , tukebery , totebyr , the church dedicated , . a convert sent to it , p. , . thinemue , tinmuth , a writ for their prior against the bishop of durhams oppressions , p. , . converts sent to it , , . a provision by the pope to an appropriation belonging to it , prohibited , . st. thomas de acon , london : colechurch presented to by the king , during the vacancy , p. . st. thomas dublins abby , stones for its repair in england seised , restored by writ , . abbot william his election confirmed , and temporalties restored , p. . thornton priory , converts sent to it , p. , , . thorney abby : a writ to preserve their rights from popes provisions , p. . thurgarton prior , a prohibition to him , as a delegate , p. . tichfeld abbot , an appeal in his presence , . tiletey abbey : converts sent to it , p. , . tinterne abby ; an attachment for holding plea against them contrary to a prohibition , p. . converts sent to it , p. . the abbot the popes commissioner to levy a dism , . topham abbey ; converts sent thither , p. , . t●ent priory , converts sent to it , p. . trepa : the abbot recommended to a bishoprick , p. . trinity prior and covent of canterbury . the monks secret election of their prior , without , king johns license , his oath opposed ; contests about it , their election vacated ; their d . election to please the king nulled , enforced to elect stephen langton by the pope at rome , for which they are banished by force as traytors , p. , to . their temporalties seised , p. . the injured king at last enforced by the pope to restore them , with dammages , , to ; elect a bishop by the kings license , whom he rejects , joynes the suffragans with them in the election , which they oppose , p. , . two of their elections nulled by the pope , who obtrudes one without election , p. , to . a prohibition to their innovations , suite before the popes delegates , p. , . their old charters , priviledges , suspitious , forged , p. . appendix , , . new contests , appeals about elections , , , . molested by archbishop edmund , p. , , . contests between them and the bishop of lincoln , excommunicating each other , , to . oppress the prior of st. martins dovor , p. . . trinity ebor. priory : freers predicants , seise an heretick , p. . a prohibition to the prior and covent not to invade the cities liberties , p. . converts sent to it , p. , . v. valle dei abby , converts sent to it , p. , . w. waleden abby , converts sent thither , p. , . walsingham priory st. mary , converts sent to it , p. , . waltham , wautham abby st. mary , consecrated , p. . abbot excused through age for not appearing at the council of lyons , p. . a delegate to reverse the archbishops sentence against the canons of pauls london , p. , . he and other abbots confederate against archbishop boniface his visitation , p. . pope innocents bull to him to defend the liberties of st. augustines canterbury , against the archbishops encroachments , p. . converts sent to it , p. , , . waredune , of the cistercian order , abbot adam chosen bishop of coventry , p. . falls into king henry . his displeasure for denying him an ayd ; his speech to , revenge on him , p. , . wastham abbot , the legates deputy to depose the abbot of westminster , p. . waverly abbot , appeals against the archbishop of yorks sentence , p. . wenlocke priory , converts sent to it , p. , . westminster , st. peters abby , ralph arundle elected abbot , p. . deposed by the popes legate for dilapidations and incontinency , another substituted , p. , . appendix p. . the abby exempt from the visitation , procu●ations of the bishop of london , p the abbot an assistant in the treaty for a truce with france , p. an appeal to the pope made in his presence , p. . a difference between him and the bishop of lincoln about priviledges , p. , . acquitted from hydage and leets , p. . appointed one of the guardians of the realm in the kings absence , p. . richard de crokesdale elected abbot to please the king , p. . priviledges granted to it to the prejudice of st. albans , p. . a difference between the abbot and covent , appeals to rome about it , settled by the king , who was displeased with the abbot , p. , . the covent to have the custody of its temporalties during the vacancy , ibid. the kings chapple , a prohibition to lend money to the abbot , p. . all the londoners summoned to it to take up the crosse , p. . the abbot appointed a collector of the croysado money , p. , , , . monies assigned out of the kings treasury for its reparation , p. . the abbot complyes with the popes legate , p. for what ends , p. . sets his and his covents seal to a band of . marks for the kings use , p. . a surety for like sums with other abbots , p. , , . a viol of christs blood carried thither in solemn procession , by k. h. . himself , there ado●ed , reserved ; a fair granted to it , to the prejudice of london and other places , p. , to . whiteby , converts sent to it , p. . wygorn . ( worcester ) priory , converts sent to it , p. ▪ , . wymundale , a convert sent thither , p. . index . of all the archbishopricks , bishopricks , archbishops , bishops , of england and wales , with their names , actions , elections , extravagances , schismes , usurpations , treasons , and other matters relating to them in general , and to every of them in particular , mentioned in this tome . matter 's concerning them and the clergy in general . commissioners for enquiry of damages for rapines of some of their goods , appointed by the king in most of their diocesses , p. , , , , , . their hands , seals unworthily set by the popes command to the transcript of king johns detestable charter ( casually burnt ) . years after its making , p. , . they advise , answer the kings question demanded of them in parliament , concerning this charter , by themselves , p. , . they consult together cancerning the churches liberties , invaded by the pope and his legates , p. . what clauses they inserted into king johns new charter , not extant in that of king henry . to the prejudice of the crown , p. , , , , . the new charter extorted from him concerning their freedom of elections of bishops , abbots , and other ecclesiastical officers , p. , , , . present at beckets solemn translation , p. . pope honorius the . his epistle to them , to ayd king henry . with their purses , p. . their decrees concerning priests concubines , p. . otto his unreasonable propositions to them , with their answer , p. , , . pope gregory the . his injunction to them to excommunicate the emperor frederick , p. , , , . to demand an ayd and dismes against him , p. , , , , to . , to . their menaces to interdict and excommunicate king henry . p. , . their canons concerning bastardy , contrary to the common law , over-ruled , p. , , . a voluntary ayd granted by them , not to be drawn into consequence , p. . desire a dayes respite to consider of the popes legates proposals , whether prejudicial to the church of england , p. . their complaint in . articles , of king henry . his oppressions , violations of the liberties of the church , against his charters , oath , by his ill council , and popes legate , p. . deny the popes intoller●ble exactions to war against the emperor , without long deliberation , p. . which at last they submit to , p. ● . their answers to peter rubeo the popes nuncio's exactions , p. , , . pope innocent the . hie letters to them for ayding the king and him , and their proceedings thereon , p. , , , , , . their summons to the council of lyons , and excuses , p. , . the kings prohibition to them , not to act any thing to the prejudice of his crown , p. . canons for their residence , and against their commendaes , p. , , . most trayterously , effeminately set all their seals to the popes transcript of the detestable charter of k. john , whereby he made his kingdoms tributary to the pope , soon after its burning in the popes closet at lyons , and the kings , kingdoms , english embassadors solemn protestations against it in the council of lyons , as null , and never assented to by them , but protested against by archbishop langeton in all their names when signed , to the enormous prejudice of the king , kingdom ; they likewise seal his injurious excommunication of the emperor frederick , p. , , , . their consultation concerning the church of englands desolation , p. ▪ their epistle to pope innocent the . against his exactions and grievances , p , . an ayd exacted from them by the pope , instead of reforming them , p. , . their answer to his demands , p. , to . oppose , slander the king , deny him aydes , excite the nobility against him , p. , . they peremptorily deny to ayd the king with monies , p. , to . their oppositions against the archbishops visitations , p. , to , , , , . presse the king for the churches liberties , and freedom of elections ; excommunicate the infringers of them , and the great charter , p. , . their proceedings in the ayd for the holy land , p. , . summoned by rustand the popes nuncio to london ; his demands , with their answers to them , p. , . their cowardice in resisting him , p. . bractons treatise of prohibitions against their exorbitant usurpations , proceedings , p. , to . their papal antimonarchical articles , council , canons , against the kings prohibitions to them ▪ his ecclesiastical and temporal jurisdiction , judges , officers , the subjects liberties , properties ; for which they would contend like becket even to death , p. , to . complained against in parliament , appealed against to the pope , by the king , nobles , kingdom ; revoked ▪ archbp. bon. banished for them ; yet printed , put in ure as the canon law of the realm , by lynd wode , aton , others , p. , , , , , . laws concerning the kings right of patronage to their churches , during vacancies , p. . their baronies seized for not ayding the king in his wars with horse and armes upon summons , according to their tenures , p. , , . the kings mandate to them to reside on their bishopricks , feed ( not fleece ) their flocks , discharge their duties , under pain of seizing their temporalties , and ecclesiastical censures by the archbishop and his officials , , . some of them contemn the popes authority , excommunications , interdicts , as meer n●●lit●es , , , . their ingratitude to the king , . backwardnesse to ayd him in his wars ; answers , that they owed no military services , aydes for their baronies , notwithstanding the popes bulls on his behalf , , , to . the chief fomentors of the wars between the barons , king john , and henry the . , , , , , , , , , . collectors of their dismes appointed in several diocesses by the popes legate , kings writs ; their proceedings , accounts thereof , , to . , to . the greatest opposers of , traytors to the king ▪ kingdom , most honoured , advanced , canonized for saints , martyrs for the church , . see a●●e●m , becket , edmond , hugh of lincoln those who were faithfull to him excommunicated , suspended , degraded , persecuted , undone , p. , , , , . a. st. asaph bishoprick and bishops . howel , his promise that david prince of wales should perform his charter , oath to k. h. . that he would execute the interdict , excommunication denounced against him by the archbishop of canterbury and two other english bishops , to whose sentence he submitted himself if he violated them , p. , . the pope absolves him from this oath , sentence , p. . forced to live upon others almes , his bishoprick being wasted by k. h. . his wars against the rebellious welchmen ▪ p. . the dean and chapter of asaph after his death desire a license from king henry to elect a new bishop ; they with edward their bishop elect , acknowledge by two several charters under their hands and seals , that they ought of right to petition for the kings license to elect , and after for a confirmation of their election , p. , . a collector of the di●mes of his city and diocesse appointed in parliament , p. , . the archbishops letter to the bishop to execnte his excommunication of lewellin prince of wales , for invading england against his league , oath , , . b. bangor bishoprick and bishops . richard , excommunicated david prince of wales , for imprisoning his brother griffin , who came to him under his safe conduct to treat a peace ; excites k. h. . to revenge the injury and invade wales , p. . his bishoprick wasted by the wars , he enforced to live at st. albans on the abbots charity , p. . the popes letter to the abbots in his diocesse , to absolve prince david from his oath and excommunication for breaking it , p. . his charter to k. h. . to execute the excommunication and interdict denounced against him by the archbishop of canterbury and two other bishops , if he violated his oath and allegiance , p. . a collector of the dismes of his city and diocesse appointed in parliament , p. . the archbishops precept to him to execute his sentence of excommunication against lewellin , for invading england against his truce and oath , p. , . the kings writ to him to take off his interdict , receive caution from lewellin , and appear in parliament , p. . bath , glaston , and wells bishoprick , bishops . jozelinus , jos●●●in , joynes with other bishops in interdicting the kingdom , excommunicating king johns officers ; departs secretly with them out of england , for which his temporalties are seized , goods confiscated , he and his banished the realm by the king , p. , . the king enforced by the pope to be reconciled with , restore him to his bishoprick , sequestred profits , damages , p. , . his writs , patents in pursuit thereof , p. , , , , , . his return into england , p. . glastonbury church united to bath and wells by king richard . and ratified by the pope ; endeavours , petitions to disunite them ; suites , letters of the king about it ; severed at last , the abbot giving four mannors to bishop joselin , p. , . present at henry . his coronation , p. . of the kings counsel , p. . his name with other of the counsel to the teste of writs , p. , , , , , . present in the parliament at merton concerning bastardy , p. . an inquisition between the king and this bishop , p. . robert , the king seizeth the goods of the bishoprick after his death , p. . william , his mandate concerning procurations , p. . in parliament , joynes in the excommunication of the infringers of magna charta , p. . collectors assigned in parliament for the dismes in his diocesse , p. , . invited to st. edwards feast at westminster by the kings letters , p. . goes to rome with the kings license , to prosecute his suit with the monks of glastonbury , whose abbot he intended to excommunicate , deprive , p. , , . sent to rome about the businesse of sicily , p. . the kings writs to him to respite a demand of a legacy for the holy land , p. . to sequester an ecclesiastical living of the kings accountant , p. . a distringas against him for suing the abbot of glastonbury in the court of rome , against his allegiance , and the kings prohibition , p. , . walter giffard , elected , approved by the king , with his writ to the archbishop to appoint bishops to consecrate him in england , p. , . chosen archbishop of york , p. . collectors of dismes and compositions for them in this diocesse , p. , , . c. caerlegion archbishoprick in wales , and bishops . sampson archbishop thereof , p. st : david , who translated the see to st : davids , p. . canterbury archbishoprick and archbishops . its see instituted by k. ethelbert , at st. augustines request , p. . the most noble member of the see apostolick ; the mother of churches ; excelling all other churches in power , wealth ; the paradise of pleasure , &c. planted by god himself : popes grand affection to it , , . the archbishop of canterbury primate of all england , ought to have precedency of yorke , , , , , . the patronage , custody , royalties of the bishoprick of rochester , custody and restitution of its temporalties granted to the archbishops of canterbury by king johns charter , , , . . see rochester . augustin : first bishop of it , . his charter to the monastery of st. augustines sorged , appendix . anselm , his extravagant blasphemous passages of the virgin maries soveraign power , redemption , mediation , prayers to her , &c. his oppositions , treason against king henryes prerogatives , , , , , , , to , . canonized for them as a roman saint , p. , . theobald , the bishop of st. davids consecrated by , made his profession of subjection to him ; pope eugenius his letters , decree concerning it , . thomas becket , magnified , canonized , translated as a roman saint , martyr for the church , for his oppositions , treasons against k. h. il. his royal prerogatives and antient liberties , p. . . . . , . . , . , , , , . . append. p. . the author , introducer of our ladies . joyes , , . christs pretended apparition & speech to him , . his miracles . archb. edmund commends himself and cause to him , : his name as a saint , martyr used in our publike excommunications , . founder of st thomas hospital , , . the bps resolve to be martyred like him & s. edmund , p , . , . , . yet flagg therein , ibid. hubert ; crowned king john , was chancellor to him , p. , . his charter to him concerning imprisoned clerks and their purgation , . holds a council and makes canons , against the kings prohibition , , . writs to the justices to assist him to recover the rights of his church , . disob●yes the popes citation of him to rome , opposed , nulled his provision to the bishoprick of s. davids , and revival as an archbishoprick , , , . see st. davids : a resignation of the archdeaconry of brecon to him ; made the pretended bishop of st. davids his chaplain , , , . his contests with , excommunications of the abbot , monks of augustines canterbury concerning the church of faversham & other churches , the appeals and proceedings therein , appendix , p. . to . reginald subprior of canterbury , after his death , secretly elected at midnight by the monks to prevent the kings nomination ; his oath of secrecy disclosed , election opposed , nulled by the pope , p. , , , . john gray bishop of norwich , elected by the kings license , who approved thereof , writ for him ; yet rejected by the pope , because chosen before the others election nulled , p. , , , , . stephen langeton an english cardinal , upon nulling the . former elections , nominated to , elected by the monks then at rome by pope innocents command , without their fellowes or kings consent , consecrated archbp by the pope , p. , , his education , learning , p. , , , , pope innocents epistles , presents to king john to admit him archbp ; who refused it , menaced the pope and his creatures , seised the temporalties of the archbp. banished him , his parents , kinred , and monks of cant. as traytors , p. , , . by his and his confederate bishops treachery , the kingdom was interdicted , king excommunicated , his subjects abso ved from their allegiance , he and his deprived of the crown , given to the french king , enforced to resign his kingdoms to the pope , become his sworn tributary , vassal , homager , renounce the antient rights of his crown , receive him and his confederats to favour , restore them to their bishopricks , with the profits , damages sustained by their exile , before he could be absolved , p. , to . , , , . the kings , nobles letters , charters to him , his arrival in england ; with the kings humiliation , oath to him , before he would absolve him , , , , . instigates the nobles against the king , threatens to excommunicate him , and revive the interdict , if he proceeded by arms against them , , ▪ , . a witnesse to the kings charter of resignation of his kingdoms , annual pension and homage to the pope , . yet protested , appealed against it , though the occasion of it , to render the king more odious , p. , , , , , , . he opposed , appealed against the popes legates v●urpations , provisions , in derogation of his see , and church of englands rights ▪ for which he summoned a synod of his suffragans , p. . what dammages from the king the pope awarded him , . seisin of the ports of sandwych , heth , romney awarded to him , . his severity against the clergymen who adhered faithfully to king john , , . excites the barons to take up arms against king john for their liberties ; extorts the great charter from him , with new additional clauses , ▪ , , , , . wrests a new charter for the freedom of elections of bishops , abbots from him , , , . and of the patronage , royal●yes of the bishoprick of rochester , as absolutely as the king enjoyed them ▪ p. , to require which , he surrenders the castle , ammunition of rochester to the barons , . refuseth to execute the popes excommunication , interdict against the barons , though oft pressed by the legate and others , p. , , , . accused , suspended in the council at rome for confederating with the barons against the king , a just retaliation , p. , , , . his suspention taken off , but he not to return into england , till peace made between the king and his barons , . crowned h. . at his second not first coror●tion , . causeth his trayterous predecessor becket to be translated with great magnificence , . the popes delegate in the case of the bishop of lismor , . an arbitrator between the bishop of london and abbot of westminster concerning his exemption from the bishops jurisdiction ▪ . a council held under him at oxford , wherein extorted fees , pluralities , and other abuses were condemned : the excommunications denounced in it : the name of christ and the holy ghost , after god the father omitted , maries , and saints inserted in their stead , ▪ , . prohibited victuals to be sold to jews , , . demands a confirmation of the great charter from h. . p , . his conference with lawes the french king , , . his vsurpations on the archdeaconries of coventry during the vacancy , prohibited , . king h. . in policy commends his fidelity to him in letters to the pope , cardinals , to procure their letters to him to continue faithfull and assisting to him , , . he and his suffragans denounce excommunications against all invaders of the church , church-goods , disturbers of the king , kingdom , detainers of the kings lands , castles , unlesse they surrendered them by a day ▪ p ▪ , . he procures the kings letter to the pope for his brothers return into england , upon his engagement to do no prejudice to the king or kingdome , ●b . grants a license to the judges itinerant to take oaths , try some cases on times prohibited by the canons , so it were not drawn into president , . pope honorius bull to him and the bishops to grant a subsidy to the king , his decree against priests concubines , . adviseth the king to assemble all the clergy and laity to hear the popes legates message , , to ● . caused the pope to recall otto , calls the king to a synod at westminster to answer the popes demands , . pope gregory the . his epistles to him to denounce his excommunication against the emperor frederick , , to . his death , . pope gregory the . his applauses of him , , . walter de hevesham , elected by the monks by a conge de eslier , refused by the king , suffragans , for insufficiency , incontinency with a nun , on whom he begot divers children , and other causes ; his election nulled by the pope at last , upon promise to him of a dism against the emperor , p. , , . the popes sentence against him , ibid. richard , upon the nulling of walters election , at the kings and suffragan bishops request , declared archbishop by pope gregories bull without the monks election , by way of provision , p. , , , , . consecrated by the bishop of rochester without a pall , . vngratefully denyed an ayde to the king in parliament , when he readily granted aydes to the pope , , . he complains to the king against hubert his chief justice , for denying him the wardship , custody of the heir of gilbert de clare , and castle of tunbridge , because he held of the king in capite , , excommunicates hubert and all else but the king , for not betraying the kings prerogative in wards , as invaders of the churches liberties , ibid. makes a trayterous complaint against the king and hubert to the pope : from whom he obtained what ever he demanded , but dyed in his returne from rome , , . ralph nevil bishop of chichester the kings chancellor , elected by the monks , approved by the king , yet rejected by the pope ; only because simon langeton informed him he would cause the king and nobles to oppose king johns charter , tribute , if confirmed archbishop , , , . john their subprior thereupon elected , approved at rome by the cardinals , but perswaded by the pope to desist for his age , inhability for so great a trust , , . richard blundus an oxford student , thereupon elected , but refused by the pope , because he had . benefices , and borrowed great sums of mony as was thought , not proved , to purchase the place by symony , p. . edmund treasurer of salisbury , thereupon nominated archbishop by the pope to the monks at rome , who durst not deny the pope , nor do any thing therein without the kings consent : yet the pope sent him a pall into england before any election ; whereupon the king and monks were content to accept of him without exception , , , . consecrated by the bishop of london , . present at a parliament as bishop elect before his consecration ; he and his suffragans admoneshed king h. . to remove the bishop of winchester and other ill counsellors , , . after his consecration he and they advise the like , threaten to excommunicate the king , unlesse he reformed his error , and all hinderers of peace , concord with the lords , whereto he answered he would obey them in all things , , . sent by the k. into wales with other bishops to treat a peace between the king , lewellin , & the earl marshall , . an act that no assise of dareign presentment should lie of a prebennd , made by his and other bishops advice , ibid. present in the council of merton , and debate concerning bastardy , , . the custody of its temporalties and rochesters belong to the king during both their vacancies , . its services , new-years gifts , not to be sued for in ecclesiastical courts , ib. . a difference between a bishop and archbishop in ireland referred by the king to this archbishop and the bishop of cicester , . reprehends the king for sending for a legate into england , to the prejudice of his dignity and the publike , . the archbishop of yorks contest with him for precedency in the council of london under the popes legat ; ruled for canterbury , . goes to rome , though recalled by the popes legat : a sentence there given against him for the monks of rochester touching their bishops election , and in the cause of the earl of a●undel ; condemned in about . marks costs , his sentence reversed , , . otto and the king his enemies , ib. obtains a priviledge to the prejudice of the monks of canterbury ; deposeth the prior , and enjoynes penance to the monks , for interlining , rasing , burning a deed of priviledge ; interdicts the chapter , nulls the priors election , as made in an undue place , and without his consent , , . his charter , composition with the monks and monastery of st. augustines to secure their priviledges , by his lodging in it , whiles the legat lay in his palace , , , . his and his suffragans complaints of the injuries , oppressions done to the church by the kings ill counsel and popes legat , against his oath , charter , frequent promises and excommunications , . earl richard bewayles the desolation of the kingdom to him , by the popes legates ill counsil and exactions , . yields to the popes intollerable exactions , which he at first opposed : complained to the pope by messengers , letters , of the kings detaining cathedral , conventual churches long in his hands , hindring their free elections . procured a bull for money , that the archbp of the place should present to them after . months voydance ; which the king caused the pope to revoke , as contrary to his prerogative , . whereupon being exceedingly grieved , he resolved to imitate becket , reprehended the king , voluntarily banished himself into france , to the abby where becket sojourned , weary of his life , addicting himself to fasting , prayers , tears : falls sick , dyes , p. , . . the legat absolved those he excommunicated , against the priviledge of his see , . his executors by the kings writ permitted to dispose of his goods according to his will , and to call all his ▪ bayliffs to account for the rents , . the corn , fruits , provisions of the archbishoprick during the vacancy after his death , sent into france to victual the kings forces , . the king blamed by the french as the banisher , persecuter of this holy bishop , . the king dreaded not his sentence of excommunication , but violated his promise , charter , notwithstanding it , . his miracles attested by many archbishops , his canonization moved for in the council of lyons , but deferred then by the pope , , . canonized by the pope for a saint , . a chapel built at westminster for his honor , , , . reputed austere , furious by his suffragans , . applauded after his death , , . the disinherited barons in the isle of e●y pleaded , they firmly held the articles of faith they had learned from him , and other bishops , . supposed by boniface to have put his church into great debts , p. , . boniface : elected archbishop by the monks , though a forreigner , unknown , unfit for such a trust , to please the king and pope , . . . . the kings charter , testimonial of his due election , sufficiency , under his great seal , sent to bishops and abbots to subscribe , which many refused ; yet others subscribed under their hands , seals , to please men , rather then god , , . the kings letters , proctors to the pope , cardinals for his confirmation ; whereupon he was confirmed , , , . confirmed the bishop elect of norwich before his consecration , . the bishop of winton excommunicated during the vacancy , for intruding after boniface his election , before his confirmation of him , appealed against to the archbps official to defend the rights of the crown , , . his letters to procure peace between the king and bishop elect of winton , ineffectual , . his suffragans preserve the rights of his see against the monks of canterbury in his absence , . the prince of northwales excommunicated by boniface , for breaking his charter , oath to king h. . notwithstanding the popes absolution ; his letters to the welch bishops to execute his excommunication , , , . , . , . sent proctors to parliament in his absence , . . rejected the bishop of chester and cicester duly elected and approved by the king , substituted another without the kings consent , who much incensed at it , charged him with ingratitude and violations of his prerogative , , , . degenerates from his predecessors , oppressed , pillaged his church , suffragans by taxes , brought it deeply in debt , to maintain his brothers warrs and bribe the pope , , , , , , , , , he is consecrated at lions , to the great dammage of the realm , and popes advantage , , . the pope grants him an ayd , which the king prohibits abbots and priors to pay , being granted without his consent , . neglects , absents himself from his church , cure , residing beyond sea in the popes warrs , to the irreparable dammage of the church , , , , , , , , . procured an unheard-of grant of the first-fruits of all benefices within his province , to pay his churches debts ; which the king confirmed , bishops oppose ; for which he excommunicated the bishops , who were forced to submit , ere absolved , , , , , . the kings mandate to his official to allow of a papal provision , though odious , . a prohibition issued against the popes grant to him of the firstfruits of the benefices of lay-patrons , , , , , . king henry the . with several nobles receive the crosse from his hands to ayde the holy land , . inthroned with great pomp in his see after long absence , . he intends to visit his province , beginning first with his chapter of monks at canterbury , who durst not resist him : his severity toward them therin , . his extorsions in it to get money , not reform manners , . intends to visit london , where his marshal takes up purveyance like a king , ibid. the dean and canons of pauls resist his visitation , for which he excommunicates them , ibid. the prior and monks of s. bartho●mew withstand his visitation , as subject only to their bishops : whereupon he furiously beat the subprior , tore his miter , shed his blood in the church , and almost crushed him to death ; having a buckler under his robes , as if he came to fight , not to visit ; his followers furiously assault the unarmed canons , monks , who ran to the bishop and king to complain of the violence : the londoners take up armes against him , whereupon he retreats to lambeth , there revives his excommunication , involving the bishop of london in it as favouring the canons and monkes ; which he renues the next day at harewes , , . the dean , chapter , canons monks complain and appeal to the pope , the bishop by letter exhorts all his diocesans to assist him against these his violent proceedings , , . disswaded from visiting st. albans , by reason of its priviledges , . held his metropolitical visitation by vertue of pope innocents decree , which limited proturations , prescribed preaching in it , prohibited coaction and exaction of any oath , he used no oath in his visitations , p. , , . his excommunication of the dean and chapter of pauls reversed & declared null , , , , . the bishops make a common purse , proctor at rome to oppose his visitation of them , . he repairs to the court of rome with great pomp to oppose them , the issue of it , p. , . the bishop of londons proposals to , absolution by him , , . the abbots confederacy to oppose his and other bishops visitations of them , , . his visitation moderated , . the kings letter to him to assent to an ayde , which the bishops and clergy refused to grant during his absence , . held his former promotions by commenda , . the kings writ to him to promote the ayde granted him by the pope , , . the bishops refuse to grant an ayde in his absence being their primate , the bishops answer thereunto , , . the kings prohibition to his suffragans to hold pleas of advowsons of churches during vacancies of bishopricks , . his official excommunicates , imprisons the intruding prior of the hospital of st. thomas in suthwark , for which the bishop of winchesters servants , forcibly abuse , imprison the official ; whereupon the archbishop and his suffragans by his command publikely excommunicated the bishop and his servants in the arches at oxford , and elswhere , who contemn his censures , p. , to . his suffragans appeal against , oppose his visitation of them , the contests , bribes at rome concerning it , , . he burnt the popes letters against his visitation of the monks of canterbury with indignation , before he had fearce read them , p. . pope innoc●nts decrees concerning it , procurations , exemptions from it , p. , , , , . he sent to the king with other bps by the parl ▪ to importune him , that the church mig●t enjoy her liberties , especially her freedom of elections ; with the kings sharp answer to them to resign their bishopricks as unfit for , unworthy of them , and ungratefull to him their advancer , , . his and his suffragans excommunication against the infringers of the great charter and churches liberties , , . his moderate visitation of feve●sham , rochester , london , to gain entrance into and possession of visiting the rest of his province , . a contest between him and the chapter of lincola , about conferring prebends , and the rents of the bishop of lincoln during the vacancy , , . the king writ to him and others to promote the dismes for the holy land , . a writ for him to receive the aydes , escuage due from the bishoprick of rochester as patron thereof , , . claimed the ayds for making the kings sonne a knight , marrying his daughter , and return of the kings writs in all the fees of the bishop of rochester , p. . obliged his church in above . marks to the pope ; commands his woods to be cut down , sold , to help defray it , p. . oppresseth the bishop of rochester by power ; writs to stay suits between them till heard by the king and nobles ; a bull and legat sent about it , p. , , , , , . the bps answer to the popes . l●gates demands deferred , by reason of his absence beyond the seas , , , . his brothers ill successe in his wars maintained by his rapine in england , , . returns into england , summons a council , that like the martyr thomas he might encounter the enemies , rebels of the church , and be a wall of defence to it , . the kings prohibitions to him and the bishops not to meet in this council ; which they contemn , , . their treasonable articles , canons made in that council , against the kings prerogative ecclesiastical and temporal , his temporal judges , courts , lawes , prohibitions , writs , judgements , exempting of themselves , clerks , officers , lands , goods from their secular jurisdictions , judicatures ; decreeing interdicts , excommunications against the king , his judge , officers lands , castles , lay-subjects , for which liberties they resolved to contend to death , , to . the archbishop forced by the king , barons to fly the kingdom for these constitutions , against which they complained , appealed , sent , their proctors to rome : which constitutions are yet printed in lyndewode , a●on , urged for the canon law of this realm , though nulled , , , , , , . not permitted to return into england unlesse he would reverse his illegal excommunications , disturbing the kingdoms peace , act nothing concerning the weighty affairs of the church or realm , but by advice of the greater and sincerer part of his suffragans , and other discreet persons of the realm ; engage that upon his return , or during his stay in england , neither he not any of his clerks should bring any messages , letters , mandates , or other thing , nor do or procure by themselves or others , ought to the prejudice of the king , kingdom , nor carry or send any thing out of it , but in cases of necessity , by approbation of the kings counsil , , . a writ to him for a collection for the church of colen , wherein the three kings were interred , , . the kings prohibition to him not to consecrate the bishop elected by the monks of ely whom he disapproved , his appeal against , and writ to examine it , , . nulled at rome by the king , him , and a new bishop elected ibid. . his official refuseth to admit the kings clerk , whereupon another is commanded by writ to do it in his default , , . a writ to stay all proceedings at law in his suit , for return of writs , till heard by the king and counsil , . a prohibition to him and his official not to cite any clerk presented by the king by the popes authority to appear out of the realm , , . the kings writ to his tenants to ayde him to pay the debts pretended he had contracted for his churches liberties , a prohibition to him not to distrain the kings chaplains for dismes , . the kings writ to him to appoint some bishop of england to consecrate the bishop elect of bath and wells , who could not come to him to be consecrated beyond sea ; his refusal thereof , with the kings second writ and displeasure thereon , taxing him of ingratitude , commanding his present return under pain of severe proceedings against him , , . the profits , goods of his archbishoprick forcibly seized on during the barons wars , writs of enquiry issued thereupon to protect and secure them , , , . writs to him and his official to constrain the bishop of hereford by ecclesiastical censures to reside at his church , discharge his episcopal office , to prevent seizure of his temporalties , and kings proceedings , , . canons for it , . a writ to enquire what lands had been alienated , given by the king without the archbishops consent , or detained from his church against the priviledges thereof , . a writ to the collectors of the dismes within his diocesse , to hasten their collection , . to repay monies out of the disme , borrowed of him by prince edward to repair dover castle , . a writ concerning the account of the dismes of his diocesse , , . writs to preserve the archbishops right in the priory of st. martins dover , immediately subject to the archbishop , against the prior and covent of canterbury's encroachments thereon , , . his ignominious , wretched , scandalous , long archiepiscopal life ; his death beyond the seas , the great inundations at canterbury about that time , . william de chilenden , by the kings license elected by the monks , not approved by the king , but appealed against ; perswaded by pope urban to relinquish his election , , . whereupon the pope conceiving the right of conferring the archbishoprick to be devolved to him , like his predecessors out of the plenitude of his power appointed robert kilwaraby ( provincial of the freers minorites in england ) to be archbishop ; upon which the monks to preserve their right of elections , pro forma elected him archbishop , . the prior on the day of his consecration demanded . marks , spent in the election of chilenden , the pope promised he should pay , who by threats made him abate l. ibid. . he refused to confirm , consecrate dr. more bishop of winchester elect , because he had two benefices , contrary to the canons of the council of london , . robert kilwardby , and his successors john peckham , walter reynolds , john stratford , simon 〈◊〉 p , william courtney , thomas arundel , thomas bourg●h●r , joha marton , and others , ( like boniface ) exacted no oath in their visitations , and inquiries in them , p. . according to pope innocent the . his constitutions , p. , . chester , coventry and litchfield bishoprick , bishops commissioners for enquiry of damages suffered by the exiled bishops within ● , p. . william de cornhull , sent with king johns offers to the barons , p . a recognition before him and other bishops by the bishop of norwich , p. ● . a writ prohibiting the archbishops officials usurpations on the kings rights , rents during its vacancy after his death , p. alexander de savenesby , consecrated at rome , p. . sent by the king to rome with others to appeal against the monks election of walter to be archbishop of canterbury , which the king disallowed , and pope vacated , p. , , . rebuked openly in parliament by king henry . for having too much familiarity with the earl marshal , and endeavouring to deprive him of his crown ; his indignation and excommunication denounced thereupon , p. . joyner with archbishop edmund and others in reprehending , menacing to excommunicate the king , p. , . sent by the king with others into wales , to mediate peace between the king , earl marshal , and prince of wales , p. . the popes message sent by him to the king , for recalling peter bishop of winchester , his answer and writ to him concerning it , p. . william de raele , elected by the monks and canons of litchfield too , refused it , being elected to norwich about the same time , p. , . nicholas farnham thereupon elected by the monks , but the dean of litchfield by the canons , who at last consented to farnhams election , who peremptorily refused the bishoprick , p. , , . hugh de pateshull , a writ to him to enquire how many benefices , prebendaries were in his diocesse , how many of them were conferred on aliens by popes or legates provisions , with the persons names , values , p. . pope innocent absolveth the prince of northwoles from the charter , oath , excommunication of the bishop of coventry and others , to whose censure he submitted himself in case he violated them to king henry . p. , . a persecutor of the monks his electors , till his death , p. . the monks forcibly dispersed by the king , forced to fly to other monasteries during the vacancy , p. . william de monte pessulano , after his death , elected by the monks , his praise , p. , . resignes his election to the king , because he and some of the canons opposed it , p. , , . roger de weseham , elected by the major part , by the bishop of lincolnes meanes , against the kings consent ; allowed , consecrated by the pope at lyons ; richard keeper of the great seal , whom the king recommended ( elected by some few ) put by , at which the king was highly displeased , p. , , . the king detaines his temporalties a long time for this affront , but at last by the popes mediation restored them , p. , . the king presents to the church of st. michael coventry , appropriated without his license during the vacancy ; the vicar cites his clerk before the popes delegates , placed force in the church to keep him out , which the sheriff by the kings order removing , some were wounded ; for which the bishop excommunicating the sheriff and his officers , the king issued writs to the bishop to absolve them , and to the popes delegates , vicar , others , not to prosecute the suit , p. , , . a prohibition to him and his proctors not to exact subsidies from , or exercise any jurisdiction in the kings free chappels within his diocesse , p. , . not to grant administration of the goods of clerks intestate debters to the king , till the debt satisfied , p. . joynes with archbishop boniface in excommunicating the bishop of winchesters servants for their force on his official , p. . his absence from parliament excused by sicknesse , p. . writs to him for the businesse of the crosse , and collection of dismes , p. , . voluntarily resigned his bishoprick , p. , . roger de molend the kings nephew elected by the monks , approved by the king , though he recommended his treasurer to them , p. . a writ to him to sequester the ecclesiastical livings of john waterand in his diocesse , who refused to account to the king , p. . a difference concerning a presentation to cestreton church , referred to him by writ , p. . writs for collecting the dismes in this diocesse , p. , . a prohibition to him not to exercise any jurisdiction in the church of all saints derby , being the kings free chappel , p. . cicester , chichester bishoprick , bishops . commissioners to enquire damages done in it to the exiled bishops , p . a license to the dean and chapter to elect a bishop in the presence of certain persons entrusted by the king , p. . ralph de nevil , chancellor to king henry . elected archbishop of canterbury , rejected by the pope for his stoutnesse and opposition to king johns charter of resignation , , , . the popes delegate in the case between the abbot of glastonbury , and bishop of bath and wells , . present in the parliament at merton , and lords vote concerning bastardy , . the monks of winchester require , nominate him for their bishop , in opposition to ethelmar whom the king recommended , for which he incurred the kings displeasure , who put him from his chancellorship , which he repented soon after , , . a writ to him and other bishops concerning the priviledges of canterbury , . his death , . robert passeleve the kings treasurer , elected by the canons , approved by the king , rejected by the bishop of lincoln and archbishop boniface as insufficient , , , . ralph de withz presently substituted in his place by the bishop of lincolns means , without the kings assent ; who very angry at the affront , commanded him and his to be kept out of the city , detained the temporalties a long time in his hands , restored them after much mediation and submission at last , , , . consecrated at lyons by the pope , . a writ to him to unlock the barnes of a clerk sequestred , or else the sheriff to break them open , , . present in the parliament at london , where he denyes an ayd to the king , . a prohibition to him not to hold plea of a debt then pending in the exchequer , . to take the account of the bishop of winchester concerning compositions for absolutions from the crosse , . appointed by the king with others to preach up a croysado , , , , . consents with the bishop of lincoln in opposing a disme to the king , though granted by the pope , , joynes with archbishop boniface in excommunicating the bishop of winchester and his servants , . the kings letter to the pope in his behalf , for his good service in preaching the crosse , . expenses allowed him for it , with writs concerning this service , , . john clypping , summoned by the king to st. edwards feast at westminster , . writs to the collectors of dismes in this diocesse , , , . stephen , with three other bishops ▪ summons all exempt abbots and other religious persons to oxford , to know whether they would stand to and defend the barons ordinances , . excommunicated by the popes legate for adhering to the barons against the king ; goes to rome to the pope to purchase his absolution and peace , , . a writ of safe conduct for his going and returning to answer articles against him for it , before the popes legate , , , . subscribes a writ to remove a lay force from a prebendary , with the kings counsil and other bishops , . d. st. davids , or menevia archbishoprick , bishoprick , archbishops , bishops . st . david translates the archbishoprick of wales from coerlegion to st. davids , , . what bishops were suffragans to it , k. h. . subduing wales subjected it and all its suffragans to canterbury , ibid. st. david , first archbishop thereof after its translation by him to menevia , . ● archbishops after him therein , using a pall and plenaty archiepiscopal jurisdiction , ibid ▪ sampson , the last of the archbishops , carried his pall ●● dole in britany ; archbishops succeeded him therein , using archiepiscopal jurisdiction , but without a pall , , . wilfrid bishop thereof after wales subduing by k. h. . p. . bernard , made bishop by k. h. . compelled by him to receive his consecration from , make his profession of subjection to the see of canterbury , and to take an oath not to raise any contention concerning the archbishoprick thereof against canterbury , . which oath he violates after k. h. his death ; appeals to rome to revive the archbishoprick , but hath sentence given against him by pope eugenius , ibid. gilardus , or geofry archdeacon of brechon , made bishop thereof by the popes provision , endeavours to revive the archbishoprick ; opposed both in his design and provision by king john and hubert archbishop of canterbury , put by his bishoprick , forced to quit his archdeaconry , writs prohibiting any to own or assist him as bishop , declared a publick enemy to the king , and the rights of his crown , , to , . william abbot of dogmael , elected , approved , consecrated bishop in his stead ; the kings writs issued to all in his diocesse to assist , receive him , and oppose gilardus , , to , . hugo foliot , the kings writs to the bishop of hereford , and dean and chapter of st. davids , to elect him bishop , ( yet not elected that i find ) , . alh●lmus , dyed of grief , his bishoprick being wasted by k. h. . his wars on the welsh , . thomas wallensis archdeacon of lincoln ( a welshman ) elected , approved by the king , accepted of it when poor , wasted by the wars , . present in parliament , joynes with the other bishops in denouncing the excommunication against the infringers of the churches liberties , and magna charta , an. . p. . collectors of dismes in that diocesse , . archbishop bonaface his letters to the bishop of st. davids , to execute his sentence of excommunication against lewellin prince of wales , for breaking his truce with , oath to k h. . by invading england , , . richard curren , his complaint to k. h. . of violence offered to the persons , possessions , goods of clergymen in his diocesse , and kings writs prohibiting such violence for the future , , . a writ to him diligently to collect the dismes in his diocesse , . dunolm , durham bishoprick , bishops . commissioners to enquire in it of the exiled bishops damages , p. . hugo pinsac , four churches in the bishoprick of durham granted by k h. . and appropriated with his consent to carlisle , . his royal house in london , the popes legate lodged in it , . pronounced a sentence of condemnation against earl john , exiled for treason against k. rich. . appendix p. . philip of poicters , his appeal against the archbishop of yorks excommunication , proceedings , the kings patent attesting it , . adhered to king john against the pope and archbishop langeton , for which he suffered afterwards , , . the king recommended richard de marisco , or the bishop of norwich to the monks of durham , who though seconded by the popes letters to them and his legate , they notwithstanding in contempt of the king , elected the dean of sarum by unanimous consent , under all their hands , seals , and presented him to the popes legate : the pope to please the king deferred his confirmation , because elected without his license or assent , , . his legate at last intruded richard de marisco on them , though elected to winton , . the contests between him and the monks , their complaints against him , the popes commission to examine and redresse them , , , , . a prohibition to his officers not to hold plea in his courts , not used in the kings predecessors times , or belonging not to him in right of his bishoprick , nor use any liberty therein contrary to the kings crown and dignity , which his predecessors used not ; till discussed in the kings courts , whether such writs or liberties belong to him , p. . his sudden death , epitaph , torments in hell , p. , . after his decease the monks petitioning the king for a license to elect , he recommended luke his chaplain to them with much earnestnesse ; his answer they should have no bishop for . years , unlesse they would elect luke : yet they elected william archdeacon of winchester ; whom the king refused , and appealed against : after two years spent at rome , the monks election was cancelled , luke put by , and richard bishop of sarum made bishop by the popes favour , p. , , . a commissioner in the north , to inquire who broke up the romans barns , forcibly took their goods , and to send them to rome to be punished besides , without any appeal , , . present in the parliament at merton , when bastardy by the common law was setled against the canons , . his death ; the kings license to the monks to chuse a new bishop , p. . thomas prior of durham elected ; the king appeals , constitutes proctors against it , p. . the monks prosecuting his confirmation at rome , are delayed , ●●● of grief , sicknesse , plague ; and he dispairing of successe quits his election ; thereupon a new license to elect is petitioned for , granted , p. . nicholas farnham , elected , refused it , till conjured by bishop grosthead to accept it ; the king approved , confirmed him , , . a writ to him to inquire and certifie how many benefices were in his diocesse , and how many provisions granted to aliens by popes , legates , or others , p. . one of the popes delegates to absolve the bishop of lincolne and his subjects from the monks of canterburyes sentences against them , . consecrated at glocester where the king and queen were present , his profession of subjection to the archbishop of york , . cured of his incurable disease by drinking some of st. edmunds hair , ibid. a writ not to remove from durham notwithstanding his summons to parliament , or to attend on the archbishop elect of canterbury , or any other occasion whatsoever till further order , by reason of danger in those parts , . he oppresseth by his episcopal power the prior and monks of tynemuth by distresses , notwithstanding the kings trebled request on their behalf ; charged with high ingratitude by the king ; a prohibition issued to him ; ordered to pay dammages to the prior , sharply reprehended by the king , p. , . falling into an incurable disease resigned his bishoprick , reserving . mannors only during his life ; the king seiseth the rest , , . a writ declaring that after his resignation he was not obliged to pay his predecessors debts , nor to be distrained for them , . his death , . walter de kirkham , his successor , endeavors by the popes power to resume the . mannors reserved by nicholas upon his resignation ; the popes reprehension , and his infamy for it , p. , . the kings writs to him to promote the preaching and businesse of the crosse , collect the monyes raised by , and publish the indulgences granted him by the pope to such who took it up , , ▪ present in the parliament o● h. ● . and excommunication publickly denounced against the infringers of the churches liberties and great charter , , . assaulted , abused , . of his servants forcibly imprisoned by john de boylol his brother and complices , for excommunicating , imprisoning some of his servants by a capias excommunicatum : his complaint thereof to the king , writs issued thereupon to release the bishops servants , and punish this ri●● , , . a writ to him to shew what right he had to the sequestration of churches in his diocesse , belonging to the bishop of carlisle , p. , . a writ to the bishop of durham for his ●fficials citi●g . burgesses of newcastle out of the town , compelling them to appear on their citations from day to day , and take oaths at their pleasure against their wills by ecclesiastical censures , to their improverishiment , vexation ; such proceedings prohibited as insufferable ; which the king would speedily redresse by advice of his nobles in his default , p. , . a writ of inquiry who took away a whale cast on shore in the lands of the bishop of durham during the temporalties in the kings hands , . e. ebor. york archbishoprick , archbishops . commissioners in it for the damages of the exiled bishops , p. . william his elec●ion nulled by the pope , and henry murdac elected to it by his means , p. . geoffry ●lantagenet : opposeth a tax to king john ; excommunicates the sheriff of york , beats his servants for levying it , , . his goods , temporalties seised , he summoned for those contempts and others ; whereupon he submits to a fine ; absolves the sheriff and his assistants , is reconciled to the king , ibid. he excommunicates the archdeacon of richmond , interdicts some of his churches , who complains thereof to the king , pope , . the kings protection to the archdeacon , and popes epistle to geoffry to absolve him , p. , . his contempt of the popes authority , and appeals to him , . conf●rs the church of meleburn on the archbishop of messana , bishop of karliol , for his relief , at the popes request , . the kings protection to the dean and chapter of yorke whom he prosecuted , oppressed by force ; writs to remove his force , , . appeals of the bishop of durham , sundry abbots , priors before the king , against his excommunications , suspentions , interdicts , his patent concerning them , . contradicts a new ayd granted to the king paid by all others : excommunicates all who should levy it in his diccesse , with all invaders of the churches liberties , departs the realm privately , without license , , . his temporalties , goods seised , himself banished , for this contempt , he dies in exile . years after , ibid. simon langeton archdeacon of canterbury , archbishop stephens brother , elected by his means against the kings license and expresse prohibition ; rejected by the king , pope , as an enemy to the king and kingdom : p. , , , . pope innocents epistle to the chapter against his election , & to go to a new one , who justifie simons , ib. see index . walter grey bishop of worcester , recommended by the king , rejected at first , after elected , approved , , . receives his pall , for which he was obliged in the court of rome in l. p. . a prohibition to him not to admit a clerk till the title tryed in the kings court , , . proctors appointed to prosecute the kings appeal before him against the bishop of durhams election , , . his license demanded by the king for his judges to take oathes and try causes in prohibited times by the canons , . a writ to him concerning the church of newcastle , and bishop of carlisl● , . to inquire , excommunicate those who broke open the romans barns , spoyled their goods , and send them to rome for absolution , without any appeal , , . a contest between him & the archbp of canterbury for precedency in the council at lnodon ; pacified , ruled against him , . sat on the legates left hand placed in the kings throne on st. edwards feast , and the king on the right , . a writ to certifie how many benefices were in his diocesse , with their values , and how many provisions granted to aliens by the pope , his legates or others , with their names , what moneyes were collected by the popes agents , what in arrear ; and to collect , reserve it till further order , . a patent to him constituting a proctor for the king in a synod of the bishops and clergy at oxford , to appeal , prohibit that they should not presume to act or ordain any thing against the kings crown and dignity , . a writ to him and others not to permit the prior and covent of trinity cant. to act any thing new or unusual , to disturbance of the clergy or realm , , , . one of the guardians of the realm in the kings absence , a writ to him and the bishop of carlisle in that capacity , not to suffer any monks of bardeney excommunicated by the bishop of lincolne or his officials after their appeal , to be taken ; to seise all the benefices of the abby of bardeny for the kings use during the vacancy thereof , , . to conferre benefices of the king that fell in england on clerkes of the chancery , and those in his service beyond the seas , and on particular persons , , . to take security of ma●gery sister of the earl of warwick , who held of the king not to marry without his license , . to prohibit an archdeacon to exact an annual procurations not formerly paid , . to assemble all the cistercian abbots to give an ayde to the king , who refuse it , p. . his proctors in the parliament at london , . consecrates nicholas de fernham bishop of durham at glocester , who made a formal profession of obedience and canonical subjection to him and his successors of yorke by charter , to be reserved in his treasury , . the kings license to him to dispose of his goods and corn sown on his bishoprick by will , without impediment of his executors by the king or his heirs , . consults with other bishops about the desolation of the church , the election of a pope , who appoint special prayers and fasts throughout england , to supply the destitute church of rome with a fit pastor , . present at the general parliament at london , complains of the kings violation of the churches liberties and free elections , keeping bishopticks and abbies long vacant , . a provisor for the bishop of durham when he resigned his bishoprick , and reserved . mannors during li●e , . a writ to him to preach the crosse , and collect all monies arising thence for the kings voyage , and lay it up safely till further order from the pope and others , . a writ to him to preach the crosse and publish the priviledges granted to those who took it up , who were to have speedy justice in all courts as far forth as the lawes permitted , . absent from the parliament summoned to ayd the king , , . the bishops deny to give an ayde during his and canterburies absence , who were their primates , . a prohibition to stay proceedings in case of wreck , till his comming into england , . avoyded the kings counsils as much as might be , came not to his parliaments , as remote and old , . the election of a successor deferred long by the king after his death , , , , . who prefers john mansell to the treasurership of it during the vacancy , , . sewall dean of yorke elected , approved by the king , . collectors of the disme in the province of york named in parliament , . writs to them . sewal interdicted , vexed in the court of rome , publikely excommunicated , for opposing jordan his fraudulent intrusion into the deanery of york by a provision from pope alexander , p. , . , . his election opposed by the king , confirmed by the pope , consecrated by his dispensaon at york by his suffragans , obtained his pall against the kings will , . patiently endured the popes tyranny , excommunication ; opposed , declaimed against his provisions , inveighes against the injustice of the pope ; court of rome ; appeals the pope before the supreame judge , writes to and against him , desires absolution ; the pope derides his letters , monitions ; his death , , . the king wastes the bishoprick during the vacancy after his death , . godfry de kynton , one of the kings nuncioes and proctors to the pope touching the kingdom of sicily , , . travels to rome and is there consecrated , carryes his crosse openly through london ; gratefully received by the king , , . joyfully received at yorke ; yet interdicted the whole city soon after , . the kings letter to the archbishops tenants of rippoa and octeley , to contribute a competent ayde to the archbishop to defray the debts of his church , which were great , and like to undo it , . a writ to him to sequester the profits of the church of middleton to pay the encumbents debts according to an agreement which he violated , . a patent to him to inquire of such who spoiled the goods and benefices of clerks during the troubles , and give them competent satisfaction concerning their injuries and complaints , , . a writ to him speedily to collect the disme granted him in parliament for defence of the realm , in his diocesse , to prevent the levying it by his sheriff and bayliffs , which he must be necessitated to , though he tendred the churches liberties , . a writ to him not to levy the disms of the king clerks who attended on him in his march towards the sea against the enemy , according to agreement of the prelates and nobles of his counsil then with him , . his barony seised for not sending horse and arms to the king upon summons , . the sheriff of york over-acting therein , seising the goods , ransoming , imprisoning some of his tenants , contrary to the kings writ and intent , who issued a writ to deliver the goods , ransoms taken , and enlarge the persons , . his death , ibid. william de langton , elected after his death , the pope nulled his election because he had a plurality of benefices , and by provision translated vvalter gray ( his chaplain ) bishop of bath and vvells to i● ; who carryed his crosse magnificently before him through london , p , . . one of the kings counsil , a morgage of crown lands to him for the kings voyage to the holy land . vvilliam rotheram , the kings patent of his royal assent to his election signified to the pope , . grants an annuity of marks per annum to a cardinal , till he should promote him to a benefice of l. by the year , prebendaries awarded to secure it ratified by the kings patent p. . ely bishoprick , bishops . eustace , the popes delegatd in the contests between the king , archbp. abbot , monks of st. augustines canterbury about the church of feversham : his award made therein , a prohibition to him , appendix . to . pope innocents epistle to him , . sent into france , . the kings writ to him not to prejudice the church of yorke by any thing acted during the discord between the king and archbishop , . one of the popes delegates to admonish king john to receive archbishop langeton , to interdict the realm if he refused to do it ; his proceedings and kings answer therein , his flight after the interdict into forreign parts , he and his kinred banished , his goods , temporalties seised for his treasons , disloyalty , excommunicating , procuring , pronouncing the kings deprivation from his crown by the pope , , , , , , , , , , , , , . popes legates mediation for his restitution to his bishoprick , profits , damages during his exile , the later refused by the king , , . the king enforced to yeeld , swear , covenant to do it , and resign his crown at last , his and the nobles letters , patents , covenants to that purpose , , , , , , to . popes commissioner to suspend the bishops , clerks adhering to k. john , , . robert bishop elect only , a witnesse to king johns charter of resignation , homage to the pope , . and to the grant of the patronage of rochester bishoprick to the archbishop , . his trea●on against king john , and king h. . in stirring up the french king against them ; the kings complaints , letter against him to the pope , not to admit him to the bishoprick being a traytor , and the isle of ely of great strength , consequence to the kingdom : whereupon his election was nulled , , , . john abbot of fontain , p. . a delegate of the pope to examine and certifie the abuses , excesses of the bishop of durham against the monks , and proceedings therein , p. , an inquisition upon oath of the several liberties , franchises within certain hundreds , granted to him , , . geoffry de burgo ; his death , . hugh abbot of burgh , elected , approved by king h. . . the popes commissioner to examin the canonicalnesse of the election of john abbot of st albans , and give him the new oath of fealty to the church of rome , , . his proceedings , letters thereupon , , , . present in the parliament of morton , and vote concerning bastardy , against the canon law , . a writ to certifie the king how many benefices , provisions were in his diocesse , and by and to whom the provisions were granted , . a writ to pro●ect him from the priors and monks of canterburies encroachments during that seas vacancy , . excuseth his absence from the council of lions by age and sicknesse , . pope gregories bull to him , revoking the provision of the church of moduna , and the cardinals bull against it , . summoned to s. edwards feast at ●●stminster , his fair suspended during it , . a writ to the sheriff of cambridge , not to hold any plea within this bishops liberty otherwise then was wont , . present in parliament , complains with others against the kings invading the churches liberties , . bestows the church of debam on rob. pasleleve , for which he incurred the kings displeasure , . the kings writ to him to promote the preaching of the cross● , and raising monies thereby , . to publish the popes indulgences to those who took up the crosse , . joynes in denouncing the exc●mmunication against the intruders on the churches liberties and great charter , , . his death , and kings seising his temporalties , . the kings license petitioned for , granted to elect a new bishop , , . hugh basham elected by the monks , the kings refusal of him , his prohibition to the archbishop not to confirm or consecrate him , his appeals , proctors against his election ; which is vacated , , . the king orders the woods to be cut down during the vacancy , , . adam de m●risco , upon a new license elected by the monkes , rejected , held because a meer monk , insufficient by the king , who recomm●nd●d henry de wingh●m his chancellor to them , , . he therupon travels to rome , is there confirmed notwithstanding the kings and archbishops opposition , ibid a difference between the king and him about goods generally devised , granted to the king by the pope for the holy land , prohibitions and proceedings therein , , , . a writ to him to sequester the benefices of john walerond an accountant , indebted to the king for the fruits of the vacancy of ely and other things , , . his barony seised for not sending horse and arms to the king upon summons , . his fine and composition with the king for the dismes of his diocesse , . exon bishoprick , bishops . commissioners in it to inquire of the exiled bishops dammages , p. . bartholmew , present with other bishops at the induction of the nuns of fonteveroit into ambresbery nunnery , . simon , thought fit the barons should be excommunicated according to the popes command , p. . a license to the chapter of exon to elect a bishop after his death , in presence of some of the kings commissioners named in it , . william brewer , a commissioner to treat a peace with france , , . in the parliament at merton , at the settlement of bastardy according to common law against the canons , . a writ to his official to certifie the number , values of benefices and provisions granted in his diocesse ; by and to whom , a delegate to the pope in the cause between the bishop of bath and abbot of glaston , . a prohibition to secure him and his with other suffragans , from the innovations , vsurpations of the prior and monks of canterbury , . the donation of the deaneryes , prebends of it belong to the king during the bishopricks vacancy : a writ against the popes provision of a deanery in the kings gift by vacancy , as derogatory to his prerogative , , . richard blondy ; a writ to him to publish the kings graces granted to them who took up the crosse , to be freed from usemony to jewes , &c. to be published by freers preachers , minors , and other in his diocesse , . present at the sentence of excommunication on the infringers of the churches liberties and great charter , , . collectors of the disms in his diocesse appointed in parliament , . walter bronescombe , a writ with the kings , this bishops other bishops and barons teste , prohibiting all lay-force in a prebendary to waste , substract the goods of walter de merton , . one of the . commissioners chosen and sworn in the parliament at kenelleworth , to elect . more indifferent persons , to establish peace between the king and others who had been in arms against him , who drew up dictum de kenelworth , . writs to the collectors diligently to collect the dismes granted to the king by the pope in that bishoprick , . h. hereford bishoprick , bishops . egidius , giles de breuse , joynes with the other bishops in interdicting the realm , excommunicating the kings officers , then departs with them out of england ; his temporalties , goods se●●ed , he and his banished for it , , . k. john at last forced to covenant , swear to be reconciled , restore him to his bishoprick and damages by agreement with the popes legat , , . the kings and nobles letters of safe conduct to him , , . his arrival in england , and reception by the king , , commissions and commissioners to inquire of , and restore his dammages , , , , . one of the popes commissioners to suspend those clergymen who adhered to king john during his excommunication , and said divine service , or received benefices during the interdict , till they went to the pope in person , and made their peace , , . satisfaction of damages given or promised him by the king , , . a witnesse to king johns charter to archbishop langeton of the patronage and royalties of the bishoprick of rochester , , the kings writ to him to procure hugh f●liot to be elected bishop of st. davids , . ralph de mendeveston , present in the parliament of merton and resolve concerning bastardy , . he resigned , and turned monk , . peter de egeblank , ( recommended to durham , but refused , as unknown , a forreigner , insufficient ) chosen , p. . approved by the king , consecrated at pauls , . a writ to him to certifie the number , value of all benefices , provisions within his diocesse , by and to whom granted , . popes delegate in the case between the bishop of bath and abbot of glastonbury , . the archbishops vicegerent , . reprehends the king , and threatens to interdict his chapple for prosecuting the bishop of winton , , . the popes letter to him on the bishop of ▪ wintons behalf , and to certifie him the names of those who incensed the king against him , . k. h. . solicits to have him chosen bishop of london , yet prevails not , . authorized by the pope to grant dispensations from time to time to such clerks of the kings as he should think fit , to hold pluralities , the kings writs to him for some clerks , . authorized by pope innocent for . years to receive the first years fruits of all benefices which shall become voyd within the province of canterbury , to levy . marks , and . more yearly of the mannors of the archbishoprick of canterbury , to def●ay the debts of that church , ● . the kings writ to him by freers predicants and others , to preach , promote the businesse of the crosse , and collect the monies arising by it , . to publish the popes indulgences granted to those who took the crosse , . sent beyond seas , . the kings writ to his vicar general to grant his clerk an inquisition , admit him to his church , and not endeavour to defraud him of the rights of his crown , under pain of seizing the bishops barony if he neglected to do it , . joynes with archbishop boniface in excommunicating all those who seized and imprisoned his official , . joynes in the excommunication of all infringers of the churches liberties , and great charter , . the king recommended him earnestly to the chapter of lincoln , to be elected after grostbeads death , who rejected him as a foreigner , ignorant of the english tongue , a perfidious enemy to the kingdom , intruded by secular power into the bishoprick of hereford , living infamously in foreign parts , fatted with the milk , wool , fat of his flock committed to him , exposing them as well religious as secular to the teeth of wolves , . collectors appointed in parliament to collect the dismes granted the king in his diocesse , . his infamous detestable advice to the king and pope , how to raise monies to supply their wants , by obliging all the bishops , abbots , prelates of england in great bonds , against their wills , without their privity , to the popes usurers ; by what frauds he effected it , for which his memory was execrable , , , , , , , , , , . the popes proffer of the realm of apulia to edmund , king h. . his son , brought by this bishop to the king ; his endeavour to have the acceptance of it ratified under all religious and other persons seals , . imployed in the kings service beyond sea ; the collection of dismes due for his commenda , respited by writ , . desires the archbishoprick of burdeaux , whose sick bishops recovery defeats his hopes , . the prime instrument to promote , levy the kings , popes exactions , . fraudulently obliged in . marks to the popes usurers , to draw on others ; which by the popes bull and kings patents he was to reimburse , with the expenses , use , out of the crosse money of england and ireland , which he rigorously collected , , . impowered by the pope to interdict , suspend , excommunicate all persons who opposed the disme , notwithstanding any appeal or exemption from it by former bulls , . a writ to his agents to spare no templar , hospitaler , or cistercian from paying dismes for their impropriations or parish churches , , . one of the kings counsil , subscribes his patent by oath and promise to perform the conditions required of the king and edmund for the popes grant of sicily to him , . writs to the collectors of the crosse money , dismes in hereford bishoprick and elsewhere , to expedite the collection , payment of it to the popes usurers ; contrived , made at his house in london , by him , the popes legate and others , , . takes up more monies , binds the king in more obligations at rome for sicily , then he expected ; called by writ to give an account thereof , and of all his receipts of dismes , crosse money , and expenses in the court of rome , , , , his account thereof by the dean of hereford imperfect ; ordered by the nobles to make a better , to come personally into england to do it by a day , else all his temporalties , goods to be seized , , . summoned so shew cause why he admitted a clerk to a benefice before the title tryed , against the kings prohibition , . taken by the barons in his cathedral , imprisoned in ordeley castle , plundered of his monies , . a non-resident from , taking no care of his church or peoples souls ; the miserable desolation the king found in it ; his memorable mandate to him to reside on his bishoprick , discharge his pastoral duty in person if able , or else by deputy , under pain of seizing his temporalties and revenues given to support gods service ; with writs to the archbishop and his official to compell him by ecclesiastical censures to residence and his duty ; wherein the negligence of bishops , their duty , end of instituting , endowing bishopricks , the kings care of gods service , and his peoples souls , are excellently expressed , , . a canon for archbishops and bishops residence made thereupon , . writs to his official for collecting the dismes in his d●ocesse , . the account for the dismes thereof , and allowance of it , , . k. karliol , carlisle bishoprick , bishops . erected by king h. . who to augment its maintenance impropriated , settled four churches on it within the bishoprick of durbam , by the bishops consent , their names , , , , , , , . some priviledges granted to the archdeacon of richmond upon its erection , to its prejudice , . richer then rochester , . the archbishop of ragusa , ( forced to fly thence to save his life ) made bishop of it by king john , at the popes request , for his relief , who held a living in commenda with it , . hugh abbot of b●ll●iu , the bishop of waterford sent for out of ireland by the popes legate to his consecration , , . his learning , fidelity to the pope , king ; kings letter to the pope on his behalf , , the poverty , desolation of it , the churches united to it by king h. . alienated ; desired to be reunited , confirmed ; king h. . his letters to the pope , cardinals for that end , ibid. . walter malclerke , intended to crosse the sea at dover without the kings license , cast out of the ship with his servants , goods , by the kings officers , ordered not to passe over without his license ; for which the officers were excommunicated by the bishop of london , who with other bishops complained thereof to k. h. . resolving in the kings presence to excommunicate all the authors of it , at which the king much murmured , . present in the parliament at merton , and lords resolution not to alter the law of bastardy , . his lodging in london , from whence the scholars of oxford were to go barefoot to the popes legates lodging at durham house , and humbly crave his pardon to be absolved for their force at oxford , . a writ to him to enquire how many benefices , of what value , and what provisions to foreigners , by and to whom granted , were within his diocesse , ● . a writ to him and others , not to permit the prior and covent of trinity canterbury to attempt any novelty or new power to the disturbance of the clergy or realm , . one of the guardians of the realm in the kings absence , several writs issued by him and them in that capacity , , to ● . see ebo● . the kings patent for him and his heirs , confirming his will made or to be made , of his corne in barns or on the ground , wards , farmes , and all his moveables ; that he , they , and their officers should not interrupt him or his executors therein , . meets with other bishops and grave men to procure the long deferred election of a pope , prevent the desolation of the church , appoint fasting and prayers to be used through england , and send agents to the emperor for this end , . summoned to st. edwards feast at westminster , and adoration of christs blood there reserved , ● . present in parliament , joynes with other bishops in reproving the king for invading the churches liberties , and keeping their temporalties in his hands during vacancies , against his oath , trust , sy●vester ; a suit between him and a baron for a mannor he had sold to his predecessor walter ; the kings protection to the bishop against the barons suit , revoked in his absence with a non obstante , debated in court , . sent to the king with the archbishop of canterbury and other bishops , to reprehend him for breaking his oath , in not suffering the church to enjoy her liberties , especially in the freedom of elections ; and to beseech him to reform it for the future : the kings sharp answer to him , that he was an under-clerk in chancery , where he long hankered ; that he had made him bishop though unworthy , preferring him before many learned divines ; that he and the rest should give him and others good example , by repenting and resigning their bishopricks , whereof they were unworthy , lest they should be eternally damned ; that he would thereupon place and promote none but worthy persons for the future , , . collectors of the dismes in this diocesse appointed in parliament , with york provice , . writs to hasten the collection , . thomas vipont , transleted to ely , dyed within one year after , . the kings layes claim to the profits of the impropriate churches belonging to it , during the vacancy , which the bishop of durham claimed ; writs concerning them , , , . sequestred and layd up in safe custody during the two last vacancies , in new monastery ; the money made of them ordered at last to be payd to the bishop of durham , . l. landaff bishoprick , bishops . commissioners to enquire of damages done to the exiled bishops in it , . the bishops antiently subject to the archbishop of st. davids , . john de m●nmuth , made bishop of it by the popes provision ; consecrated by the archbishop of canterbury , after the kings assent , . the custody of the bishoprick and all its demesne lands granted by king h. . to the duke of gloucester and his wife for their lives , reserving the fealty only of the bishop when he should be made : the demesnes , temporalties after his fealty made , by writ to the ea●l ordered to be restored to him , notwithstanding this patent to him , william , struck with blindnesse , his bishoprick wasted by king h. . his wars against the rebellious welsh , . his certificate that mereduc son of g●ssi● was born in lawfull matrimony allowed ; a prohibition against proceedings by appeal against his certificate before the archbishops official , as illegal , . a new writ to the bishop for another certificate superseded , ibid. collectors of the dismes therein appointed in parliament , . his death , . writs to the collectors to hasten the gathering of the dismes there , ● . john paschal , archbishop boniface his precept to him to excommunicate lewellin prince of wales with his complices , and interdict their lands , for breaking the truce , wasting the kings and his subjects lands with fire and sword , against their oaths ; and their treacheries therein mentioned , , . lincoln bishoprick , bishops . when and how removed from dorchester to lincoln , , . in bishops deprived for symony , ibid. hugh archdeacon of wells , the kings chancellor , made bishop by the king during the interdict , . having license to go to the archbishop of rhoan to be consecrated , he trayterously went to stephen langeton archbishop of canterbury , whom the king opposed , being unduly made bishop by pope innocent , against his regality , did canonical obedience to , received consecration from , confederated with him against the king ; for which the king seized his temporalties , which he restored to him before , . the popes excommunications , violence , and legates perswasions , enforced king john to agree to receive him to favour , restore him to his bishoprick , profits , damages , during his exile with the other bishops ; his patents , writs , letters , commissions concerning him and it , , , , , , , , , , . his return into england , and reception by k. john , , . a witnesse to k. johns infamous charter of resignation , homage and fealty to the pope , . and to the archbishop of the patronage of rochester bishoprick , . a writ to remove all those who had intruded into any of his lands and possessions during the differences between the king and him , and put him into personal possession of them , . the popes legates mandate to him to suspend all clergymen who adhered to the king , received any benefices , celebrated divine service by his command , or openly communicated with him during the excommunication and interdict , till they personally went to rome to be absolved ; the rigour used therein , , . dyed , soon after canonized a roman saint by pope honorius , for his ingratitude , treasons , , . prohibited any victuals to be sold to the jews ; the king commands the contrary by his writs , under pain of imprisonment , . the kings teste to a writ in his presence to admit a clerk . robert grossetest , grosthead ; a mandatory writ to him to command the archdeacon of oxon. without delay to revoke his presumption in removing the kings administrator placed in the hospital of st. johns oxon. of his ancestors foundation , and thrusting his chaplain into it , to the great prejudice of his royal dignity , . churches dedicated by him according to the new decrees of otto the popes legate , and council of london , . a cruel persecutor of the monks and his own canons who made him their bishop , . resolved to visit the dean and canons of lincoln , never formerly done in the memory of man , against which they appeal ; they at last submit to an arbitrement , all visitations in the mean time to cease , . contests about the word cease , since he and his predecessors never visited nor began to visit before : they refuse his visitation , repent of his election , tell him so publickly to his face , openly declaim against him and his oppressions in their sermons ; saying , if they held their peace , the very stones would speak ; at which words a great part of the church fell down , . their appeals , contests , expences at rome concerning his visitation of them , ibid. the popes agreement with the romans to conferre all benefices in england ( especially of religious persons ) on them when they fell voyd , his letters to grosthead and two bishops more to provide ▪ livings that next fell voyd in their diocesses for romans , admired at by all , , . the king writs thereupon to grosthead and other bishops , to res turn him the number of all benefices , prebendaries , ecclesiastical dignities in his diocesse , their values , and how many were conferred on aliens , by the pope , his legates , or others by provisions , . he conjures and perswades nicholas de fernham to accept the bishoprick of durham to which he was elected , though he formerly refused it , , . a prohibition to the popes delegates not to proceed in the cause between him , the dean and chapter of lincoln by the popes authority concerning visitations and procurations , to the prejudice of the kings crown , dignity , . he with two more bishops sharply reprehended the king for his tyranny in persecuting the bp of winchester , adding prayers to prayers , yea menaces to menaces to interdict his chapel , forcing him to respit his proceedings till he heard from rome , , an high contest between the king and him concerning the church of thame : his high message to the king by his archdeacons , and menaces to excommunicate all the in fringers of the priviledges of his church ; his contempt of the popes provision and authority in this case , which caused the kings clerk to desist , , . the dean and chapter forced by the bishop to shew their antient charters , which gave the king a claim against both , , . the bishop ●ash , obstinate , wills all the archdeacons bishops to joyne to oppresse the abbot and monks of canterbury ; they excommunicate each other with bell , book and candle ; contemn each others excommunications , interdicts , celebrating notwithstanding them , . the popes decree at rome between him , the dean and chapter , concerning their controversie , , . he excommunicates the monks of bardeney after their appeal to the pope , the king , writ to the gardians of england not to take them upon a writ of capias excommunicatum , not yet to permit the prior and monks of canterbury during the sees vacancy , to attempt any novelty , or exercise any new power against the bishop of lincoln or other suffragans , to the disturbance of the clergy , realme , or prejudice of either church , and to supersede all proceedings till his comming into england , to settle their differences by advice of his bishops and nobles , . a prohibition to his archdeacon of oxon , exacting annual procurations against law from the kings church of st. cross , . causeth weseham dean of lincoln to be elected bishop of coventre and lichfi●ld , without the kings license or consent , in opposition to the king , who was consecrated by the pope at lions against the kings will , he injuriously seised upon his church of aillesberry , by whose opulency he thought the dean took horns against him , to humble and subject him to his will , for which the king was highly offended , , , . a person of an unquiet , contentious spirit , his hand being against every one , and every ones almost against him , . after many letters , and inestimable expence of monyes , he purchased pope innocent the th . his decree against the canons of lincolne to visit the dean , chapter , canons clerks of the quire , choristers , priests and parishioners of the churches belonging to them , to correct their excesses , reform their manners ; but freely without any procuration , , . he and other bishops meet to consult about the desolation of the church , the election of a new pope long deferred , to send messengers to the emperor for that end , prescribing fasts and prayers through england , that god would provide for and relieve the church of rome being destitute of a pastor , . published pope innocents bull throughout england , whereby he granted boniface archbishop of canterbury the first years profits of all benefices and livings which should fall voyd for . years within his bishoprick , province , till he should raise the summ of marks , to defray the pretended debts of his church , at which the king at first was amazed , and exceediog angry , , . after his purchased priviledge at rome , to visit the dean , chapter , canons of lincolne , and their churches , he , his deans , archdeacons , officials exceedingly oppressed , vexed those of his diocesse , as well noble as ignoble , especially religious persons , monks , under pretext of correcting , reforming their manners ; enforcing them to make inquiries , presentments , and give in testimonyes upon oath in their visitations and courts , against their wills , never practised before in england : which the king hearing of by many greivous complaints , by advise of his court and counsil issued writs of prohibition to the sheriffs of his diocesse , not to suffer that any laymen in his diocesse at the will of the bishop , or of his archdeacons , officials , or rural deans , from thenceforth to assemble in any place to make any recognitions , presentment , or attestation upon their oaths , except only in causes of matrimony or testament ; ( not of incontinency , manners , scandal ) which grosthead hearing of , asserted ; that the king followed the footsteps of those in france , who had then newly broken forth into the like audacity , to cast off the popes and prelats extravagant oppressions , oaths , censures , and entred into a confederacy to assist each other , , , , , , , , . this obstinate bishop and his officers proceeding notwithstanding , the king issued forth new writs to the sheriffs , to prohibit all such recognitions , inquiries and attestations upon oath , . which he and his officers obstinately persisting in ; the king issued several writs to attach , summon the bishop himself by good s●ireties and safe pledges , to appear before him wherever he should be in england , to answer his contempt in causing laymen and women to be cited , and compelling them by ecclesiastical censures to appear before him , to take an oath at his pleasure against their wills , to the great prejudice of his crown and royal dignity , and likewise to his grand dammage , dishonour , and against the custom of this realm . upon which the king issued forth this memorable prohibition to the bishop of lincoln himself , reciting , we are informed , by the complaints of many , as well great men of your diocesse , as others , that you by your clerks and deans , do every where cause certain poor men of your diocesse , and other freemen , whose men or tenants soever they were , to be promiscuously cited , and draw them from divers places to sundry other places , and compell them by the power of excommunication , to appear before your said clerks & officers at divers places to their great burthen , when they ought to attend their plowing , husbandry , and other necessary temporal affairs ; by which they are unduly impoverished and enormously vexed : and moreover , which was never heard of before , the foresaid inquisitors ( or visitors ) compell them to swear concerning the private sinns of others , which were not ( as is reported ) to be purged by publike coertion , for which many christians , perchance without merit , were shamefully defamed . and because these vexations are devised against the long custom of the realm , and a double danger hangs over the people by them , as well for the losse of their necessary labors , as by reason of the oath taken upon the private facts of others , wherein men are deceived , by which they may easily incurr the guilt of perjury ; we therfore prohibit you , that from henceforth you do not cause such assemblies of the people to be made in your diocesse against the long-continued custom of our realm : neither also have we heard , that the church hath used to compell any to give testimony but in certain causes , and unlesse any through favour , hatred , or force , shall withdraw himself from giving testimony . and know ye , that unlesse you shall desist from such unusual & undue vexations of our people , we cannot suffer them any longer , but shall put to our royal hands to redresse , punish you and them . whereupon after . years contest between the king , his court , counsil , bps. by these several prohibitions , this first introducer of visitation oaths , inquisitions , excommunications , & vexer of the subjects by them was quelled , and his innovations prevented , till bonners time , who revived them , p. , , to , , . his justification of the forged relique and viol of christs blood reserved , shewed , adored at westminster abby , , , . reprehends the king with other prelates ; in the parliament at london , for violating the liberties of the church , he was bound by his office , oath to protect , to its great impoverishing ; and for his prodigal expences : refuseth to grant the king an ayde , whereby the parliament brake up in discontent , so as the king was enforced to go a begging for money to particular prelates and abbots , p. , , , . the kings writ to him for endeavouring to remove his clerk out of a living , to which he presented him by vacancy of the archbishoprick of canterbury according to the antient right of his crown , to put in the popes clerk by provision , by the popes order , to the manifest prejudice and enormous disinherison of the rights of his crown , prohibiting him upon his oath of fealty made to him , not to attempt ought therein against his clerk , threatning to seise his barony , as became his majesty , if he desisted not , . published the popes general letters , and others granted by the pope to the earl of cornwall , for the collection of dismes , and redemption of vowes of persons crossed , commanding them to be diligently , speedily , effectually executed , , . an indefatigable injurer of religious persons : summons all of them to appear before him , purchaseth with a vast sum of money at rome a priviledge to reduce all their lands for which they could produce no good evidences , under his own power : many of them appeal against him to the pope , others compound with him , . goes in person to rome to dismisse the appeals and complaints against him . failing of his ends after many travels , and infinite expences , he taxed the pope with injustice and corruption ; who recriminating , charged him with tyranny , rapine , covetousnesse , suppressing , spoyling others , and many religious persons , to advance , enrich himself ; whereupon he departed confounded from the popes presence , but continued still at his court , hoping to effect his designes yet failed therein , . excommunicates the sheriff of rutland for not taking and imprisoning a clerk upon his significavit , whom he deprived for incontinence , and excommunicated for contumacy in continuing in his benefice notwithstanding his deprival , contrary to the rights of the crown . the kings writ , & popes letter to him to absolve the sheriff , not to molest the kings officers , who ought by law to be punished in his own courts only , . his high contempt against the king , in holding plea of temporal causes in his courts , against the law , kings prohibitions , in prohibiting his clerks to appear or answer their contempts in the kings courts for disobeying his prohibitions , and attachments on them , to the subversion of his royal authority and rights of his crown ; which he neither would nor ought to suffer , for which he was highly incensed , p. , . crossed in his exorbitant proceedings by the kings prohibitions , and in his appeals to the pope , he resolved to retire from the world , and quit his bishoprick , yet retains it only in spight to the king , that he might not selfe the temporalties by its vacancy , . held his exorbitant visitations by colour of pope innocents bull , which prohibited oaths and coertion which he exercised , , . archbishop boniface oppressed canons and others he visited , by his example , . a prohibition to him not to hold plea of chattels in his ecclesiastical court , for which there was a suite pending before the barons of the exchequer , . his visitation of religious houses within his diocesse with auste●ity , inhumanity , be violently searching their chambers , breaking open their chests , cabinets , overturning their beds , trampling their cups under feet , thundring out execrable horrid maledictions against all who transgressed his edicts , but pronouncing blessings on those who kept them taken out of moses laws , as if his were equal to them , . he injoyned all priests to live continently , to remove all suspected women far from them ; depriving transgressors of their benefices : allured many with flattering words to turn priests , ibid. frequently preached to the people ; compelled priests living near to hear his sermons under penalties ; hated dishonest homans having popes provisions like the poyson of serpents ; said , he should play the devil if he committed the cure of souls to such ; oft times throwing away such bulls of the pope , refusing to execute them , . publickly opposeth the disme granted by the pope to the king for . years , with much scorn , great indignation , induced the other bishops to withstand it , for which the king was highly incensed , . the parliament thereupon dissolved with high indignation and discontent , , . forced priests , schoolmasters to take orders , reside on their benefices ; and procured a bull for augmenting the stipends of small vicaredges out of religious persons impropriations , out of hatred to them , , . suspended his bishoprick for opposing the popes provisions , and trampling them under feet , , , . computes the revenues of the romans provisions in england , which amounted to marks a year , being three times more then the kings revenue , . a mandate to him to admit the kings clerk , or el●e to summon him to appear before the king for his contempt , . joyned with other bishops in the publike excommunication of the infringers of the churches libertyes and great charter , which he commanded to be published in every parish church throughout his large diocesse , which made most mens ears to tingle , hearts to tremble , , , . he opposeth the popes letters for an ayde to the king , exciting all the bishops unanimously to withstand it , which they did , notwithstanding the kings and popes petitions to them , , . his notable epistle to pope innocent the th . against provisions , non-obstante's , with other corruptions , comparing him to lucifer , antichrist , the murderers of christ , &c. the popes oaths , indignation , intentions against him for it , though perswaded to passe it by , , , , , . his great learning and skill in tongues , . his sicknesse at bugden , actions ; discourses against the popes , court of romes , legates , cardinals , priests , and monks corruptions , rapines , avarice , usury , indulgences during it , stiles , proves them to be hereticks , antichrists ; few popes to be saved : that they cannot reverse the bulls , constitutions of their predecessors , , , , . an open reprever of the pope , king , prelates , monks ; mall , contemner of the romans , &c. his death , musick heard at it , ●b . the pope intended to dig up , cast out his corps , burn his bones , declare him an infamous ethnick , rebel , disobedient person throughout the world ; writ a letter to k. h. . to that effect . his apparition , words to the pope the next night , whom he smote with his pastoral staff , terrified , pricked him to the heart , killed , , , . , . being excommunicated by the pope he appealed him to appear before christs tribunal , ibid. his miracles famous , yet not canonized a saint by the court of rome for opposing its corruptions , . the difference between the archbishop of canterbury and canons of lincoln after his death , . the rebels in the isle of e●y stiled him a saint , affirmed they followed his doctrine , . he encouraged the barons and earl of leicester ( who committed his children to him ) in their wars against king h. . affirmed the peace of the church could not be setled without the material sword , p. . archbishop sewal imitated his example , . henry de lexinton elected , approved , consecrated bishop , . the king presents the prior of ravenstone to him , constitutes proctors before him , . a prohibition to him not to draw any into suit out of the realm , , . benedict , a patent to him to inquire of those who injured or damnified ecclesiastical persons during the troubles , and give the complainants reparation upon hearing , , . his barony seised for not sending horse and arms to the king upon summons , . collectors of dismes assigned in that diocesse , writs to them , an account thereof to the king , , . , . a writ to the sheriffs to assist the collectors thereof in levying the arrears . ibid. london bishoprick , bishope . the church , bishoprick instituted , endowed by king ethelbert , to what end , . the bishop dean of the bishops of canterbury province , to admonish , interdict the king during its vacancy , , . gilbert foliot , the abbesse , nuns of ambresbury thrust out for their incontinency by his and others advice , . william de marisco , one of pope innocents delegates to hear the difference and appeal between the archbishop of canterbury , and abbot , monks of st. augustines cant. concerning faversham , appendix p. , , . one of his delegates to admonish king john to receive stephen langeton as archbishop , or else to interdict the realm ; his conference with the king , the kings high answer , writs to him concerning it , , , . interdicts the realm , excommunicates the kings officers , departs the kingdom ; for which his goods , temporalties are seised , he and his relations banished by the king , , . caused the pope to excommunicate the king , his orders to publish the excommunication every lords day in all conventual churches throughout england , disobeyed by the bishops and clergy therein , slighted by the nobility , , , . king johns victories , successes notwithstanding it , , . the king upon the popes messages offers to restore him to his bishoprick , but not to the profits , which offer is rejected , , , . caused the pope to absolve all the kings subjects from their allegiance , who must not eat or drink with him ; to deprive him and his heirs of the realm , and give it to the french king , which sentence he publisheth , endeavouring to execute in france ; stirring up the french king to raise forces to dethrone him , and seise his kingdom , , , , to . the king thereby , and the popes legates perswasion , enforced to be reconciled to him , restore his bishoprick , with the profits , damages , to engage by patents , oathes of himself and nobles to effect it ; dishonouably to resign his crown , kingdoms , swear homage to , become the popes vassal , tributary , , to , , , . what monies he received of the king before his return , , . what after , , , . his return and reception by the king , , , . commissioners to enquire of his damages , , . his commission to suspend all clergymen who adherd to , communicated with , received livings from the king , or officiated during the interdict , till they went to rome for absolution , , . a witnesse to the kings infamous charter , homage , fealty to the pope , . to his charter of the patronage and custody of rochester bishoprick , to archbp langeton , . king johns patent to him , that none should enter into or detain his fees by gift , sale , morgage or grant without his assent . . resigned his bishoprick , . eustace de fauconbridge succeeded him , . king h. . his writ of proclamation to the sheriff of middlesex , that none should enter into or detain any lands of his , by gift , sale , morgage , grant , without his assent , to remove and fine all who should do contrary , , . one of the kings council , . his contest with the abbot of westminster , ( where he was consecrated ) to visit , receive procurations , processions , exercise episcopal jurisdiction over the abby , referred to arbitrators , awarded against him , . a writ concerning the bishop of elies liberties issued by the king in his presence , as one of his counsil , . his death , . roger niger elected , approved by the king , consecrated ; his praise , . consecrated archbishop edmund at canterbury , . solemnly excommunicated all such who b●cke open the romans barns , threshed out their coin ; and those who laid violent hands on cincius a canon of pauls , . accused for assenting to those who thus spoiled the romans , forced to rome about it to his great ●●xation , expence : and to take up money of the popes vsurers , whom he endeavoured to expell the city ; who laughing at him , by the popes favour after much pains put him to silence , , , . reprehends king henry for pulling hubert de burgo , accused of high treason , out of a chapel of his diocesse ; threatned to excommunicate all who offered this violence , unlesse he were restored to it , which to prevent the king was enforced against his will to do , , . excommunicates the kings officers at dover for staying the bishop of carlis●e , taking him and his goods out of a ship by the kings command endeavouring to go out of the realm without his license : repairs to the king at hereford with his army , complains of this violence to the bishop , excommunicates all actors , authors of it in the kings presence ( though out of his diocesse in both ) with other bishops ; the king much murmuring at , and prohibiting it , . the popes commissioner to examine the canonicalnesse of the abbot of st. al●●●s election , tender him his new prescribed oath of homage , f●alty to the popes and see of rome , his execution thereof , , , , , . present in the parliament at melton , and setling of bastardy according to common law against the canons , . prohibits any to sell victuals to the jewes , under pain of excommunication ; the kings mandate to the contrary , , . helps consecrate the bishop of rochester , . consecrates pauls church , . a writ to certifie the number , value of all benefices in his diocesse , all provisions to aliens , and by whom granted , , . the prince of ●ales subjects himself to his and two other english bishops ecclesiastical censuies , if he violated his charter and oath to the king , . fulco basset : his prayses , elected against the kings will by the canons , . seals the pope transcript of king joh●s most detestable charter of his realms surrender , subjection to the pope when burnt , contrary to the kings , kingdoms protestations against it , last of all the bishops against his conscience , p. . constituted by the pope to execute his exaction of the d. part of all residents , and half of nonresidents benefices through england , with severe penalties , . present at st. edwards feast , fair at westminster , to adore the blood of christ there resa●ved , ● . one of the bishop of du hams provisors of his three reserved mannors upon his resignation , by the popes appointment , . the kings prohibition to him not to remove his clerk out of possession of enesord church , to which he presented him by his ancient prerogative to vacant benefices of the archbishoprick whiles in his hands ; not to put the popes clerk by provision , in derogation of his prerogative , by the popes decree and mandate , under pain of violating his oath of feal●y to him , and seisure of his barony if he proceeded therein , . a prohibition to the inhabitants of pencrich not to permit him to exercise any jurisdiction within the kings free chappel there , , . nor in any other free chappel within his diocesse , , . he resists the archbishops visitation at pauls , st. bartholmews , and london , for which the archbishop excommunicated him , , . he appeals , prays ayd by letters against it , , . fearfull to offend the archbishop by reason of his power , agrees with him , , , . the excommunication declared null by the pope and his delegates , , , , , . he agreed with gros●head in opposing the trie●●ial disme granted by the pope to the king , . his letter to the bishop of norwich to publish pope innocents decree concerning procurations , and against exactions in visitations , ● . joynes in the publike excommunication of all infringers of the churches liberties and great charter , , . opposed rustands demands , exactions in the council at london , professing , he would lose his head before he would submit to so great an injury and slavery of the church ; which encouraged the rest , . complained on for it by rustand to the king , pope ; who threatning punishment , he stoutly answered , they might take away bit miter , being stronger then be , but not his head-peece , . a writ to the archbishops official to prohibite his intended excommunication of the abbot of glaston by the bishop of wells instigation , pending in his temporal court , after an appeal , writ , seeing it touched his crown , dignity , and was against his prerogative , , . ordered by the antimonarchical council under archb. boniface , that he & his successors in the vacancy of the archbishoprick , as dean of the bishops , with two bishops more , should admonish the king to recall his processe against clerks summoned to appear in his temporal courts , or else to interdict his castles , towns , lands , and excommunicate his judges , officers if they desisted not , , . died of the plague . the bishop of ely his will produced under his seal , . henry de wengham , chancellor of england , recommended by the king , elected , though unlearned , insufficient , . his patent to hold all his former promotions , benefices in commenda , before consecration , , , . a prohibition to him and his officials not to draw any of the kings subjects into plea without the realm , , . a commissioner to hear and determine the complaints of such clergymen whose goods were spoyled , substracted during the troubles and give them recompence against the trespassers , , to . a writ to excommunicate the earl of gloucester and others for staying in england , and not going over into ireland according to their oathes , , . joynes with the barons against king h. . for which he was by name excommunicated by the popes legate , suspended from his office and benefice , and commanded within . moneths to appear before the pope , where he appeared expecting his doom , . the rebels in the isle of ely commend him , blame the popes legate for banishing him the realm , and seising the profits of his bishoprick , , , . the city of london interdicted by the legat , . collectors of the disme appointed in his diocesse , and writs to hasten the collection , , . bonner ; the first reviver of visitation oaths and inquisitions introduced by grosthead bishop of lincoln , after their suppression by king h. . his prohibitions , p. . n. norwich bishoprick , bishops . trinity church , the antiquity , and kings care of it , , . john de oxenford , present at the ejection of the abbesse , nuns of ambresbury for their whoredom , and introduction of others in their places , . a writ of king john to him to revoke , and to the justices to assist him in the revocation of all lands , tenements , possessions unjustly alienated from his church in times of his predecessors , . john de gray , recommended by king john to be archbishop of canterbury , unanimously elected by the monks . approved by the king , yet unjustly rejected by the pope , and stephen langeton obtruded , , , , . brought . foot and many horse out of ireland to assist the king , against lewis invasion to deprive him , . joynes with others and the king in writing to the rebellious exiled bishops to return and enjoy their bishopricks , according to agreement with the legate , and oath of the nobles ; and for the restoring of their damages , , . recommended by the king and pope to the monks of durham for their bishop , but rejected by them , , . his official during the vacancy one of the popes delegates to excommunicate the barons , . pandulfus the popes legate , bishop elect thereof , , , . excommunicated the earl of albemarl for with-holding and seizing the kings castles , , , . his recognition before the kings counsil , that he never put the prior and covent of st. fritswith oxon. in possession of the church of acleya , . see index . thomas de blundevil , a writ to him to restore the benefices in his diocesse to a clerk sequestred , who had made his peace with the king , . his death , . simon prior of norwich , elected by the monks , disallowed by the king , who appointed a proctor to appeal against him , . delayed , excepted against , his election nulled by the pope , because it displeased the king , , . william de raele , unanimously elected bishop thereof ; approved , consecrated , , , . elected bishop of winton by the monks , approved by the pope , refused by the king , , to . see winton . walter , consecrated the church of waltham , . joynes with other bishops in appointing publick fasts , prayers , and a message to the emperor for electing a new pope after a long vacancy , . appointed by the popes bull an executor of his tax imposed on the english clergy , his proceedings therein , notwithstanding the kings , nobles , prelates provision in parliament , and kings special writ of prohibition against it , , . spends above . marks in gifts and entertainments on the popes legate , . said masse and preached at westminster when the viol of christs blood brought from jerusalem was carried thither by king henry in solemn procession , and given to that church for a sacred relique ; justified it to be christs real blood ; granted . years and . dayes pardon to those who should come thither to adore it , by the consent of the other prelates . , . a prohibition to him not to collect the first-fruits of benifices , granted by the pope to archbishop boniface , which the nobles in parliament opposed , . present at the parliament at london , wherein the bishops blamed the king for invading the liberties of the church , and denyed him an ayd , , . the kings letter to the pope to appoint him one of the auditors of the account concerning the monies levyed for redemption of the crosse , . a writ to him to appoint freers predicants and others to preach the crosse , and collect the monies raised by it , , , . a writ to sequester the goods of a creditor to the king , . his publication of pope innocent the . his decree concerning visitations and procurations , : present in parliament , and joynes in the general excommunication of all infringers of the churches liberties , and great charter , . a collector appointed for the dismes granted to the king by the pope in england and ireland , , , . a writ to him to respite the collecting of it from priors and rectors of poor hospitals , from those of winton , and others in particular , , . simon de wanton ; elected by the monks , dispatched swift messengers presently to rome , where with expence of vast sums of money he obtained confirmation , and a license to hold all his former rents , livings for four years , though his bishoprick was sufficient , . meets at oxford with three other bishops , convenes all the exempt abbots and other religious persons , to know whether they would adhere to , and defend the barons constitutions there made , . a writ de cautione admittenda for an excommunicated person imprisoned , whose caution he refused , else the sheriff to take it and enlarge him in his cefault , . published pope alexanders absolution of king henry's oath from the ordinances of the barons at oxford , . a writ to him to collect and secure the profits , goods of aliens , non-resident clerks , and others beyond sea who had been against him , and were taken away during the late troubles , and particular clerks goods , houses , & keep them safe till disposed of according to law , . a writ to him speedily to collect the dism granted the king by the clergy in parliament for defence of the realm , and pay it by a day , to prevent the sheriffs levying it in his default , , . roger de sherwin : the popes bull to him to revoke , null all confederacies , leagues made by the barons in derogation of the kings royal majesty , to excommunicate all who would maintain them , and mandate to roger abbot of canterbury to execute it , , . the kings writ to maintain the rights and liberties of his church , a commission at the bishops instance to inquire of those who had invaded them in a riotous manner at lenn and gyppewick , , . writs to the collectors of disms in it diligently to attend and return the monies with speed , , . to suspend the collection of tithes of some particular persons allowed to them for debts due from the king , , . a license to a tenant in capite to sell the mannor of ferling to the bishop of norwich and his successors , to procure monyes for his voyage to the holy land with prince edward , . the priory , cathedral , and bishops palace burnt , by reason of a fray between the monks and citizens about tallages and liberties ; the proceedings against the malefactors by the kings special writs and commissions , , , , . william middleton , a witnesse to pope martins letter of receit of monies given from king edward . for the annual rent granted by king johns charter , p. . r. rossen , rochester bishoprick , bishops . the bishoprick , church first erected by king ethelbert upon his conversion by augustine , . the perpetual advowson , royalties and custody of the temporalties during vacancy granted by king john to archbishop langeton and his successors ; which ungratefull traytor presently gratified him with the surrender of rochester castle to the barons , and adhered to them against him , p. , , . commissioners in it for the dammages of the exiled bishops , . gilbert one of the popes commissioners in the difference between the king and monks of st. augustins cant append. . benedict , the difference between the bishops of waterford and limrick referred to him and others by the pope , , . sent to rome with others by the king and bishops , to oppose the election of hevesham to be archbishop , who promised the pope that the king should grant him a disme against the emperor , to vacat his election , which effected it , , . his testimony to the pope of richards learning , good life , made use of by the pope to make him archbishop , against the kings minde and his imployment to rome , . consecrates richard of canterbury and two more bishops , . sent into wales with edmund archbishop of canterbury to make peace between the king , lewellin , and the earl marshal , . present in the parliament at merton , which over-ruled the bishops motion against bastardy at the common law , . richard de wendover , elected by the monks of rochester , refused by archbishop edmund ; upon an appeal to rome , though the archbishop went thither in person to oppose it , judgement was given for the monks against him , and he consecrated bishop , , . a writ to him to return the number , values of all benefices , and provisions to aliens in his diocesse , and who granted them , a writ to prohibit the prior and monks of canterbury to exercise any power , thing to the disturbance of the clergy or realm during the vacancy of the archbishoprick , upon his and other suff agans complaints , present in parliament with other bishops who reprehended king h. . for violating the liberties of the church and great charter , and denyed the ayde he demanded , . his death , . laurentius de sancto martino the kings clerk , elected by the monks to please the king , that he might not oppose the election ; he got a dispensation to hold his former promotions , because his bishoprick was the poorest of all bishopricks in england , , , . the bishop , the kings proctor at rome , well known there , . present in parliament , joynes in the general excommunication of all infringers of the churches libetties and great charter , . visited by archbishop boniface , . collectors for the dismes therein nominated in parliament , the ayds levyed in it , its fees for marrying the kings daughter , or making his son a knight , challenged and awarded by writ to the archbishop , ( though formerly paid to the king ) who hath the custody of rochester tempotalties during its vacancy , and return of all the kings writs on the fees of the bishoprick : which was countermanded by an other writ by the kings counsil , and no fees ordered to be levyed till descided whether they belonged to the king or archbishop , . . oppressed by archbishop boniface for temporal rights , whereupon many bloodsheds and tumults arose : a writ to the judges itinerant to stay proceedings between them till the king and counsil should determine them , . complains of this archbishops oppression to the king , who could not move him to justice or humility , . goes to rome and complains to the pope against him , , . procured the archbishop of messana to come into england to free him from his oppressions , who brings a letter to the king from the pope to right him against his oppressions . the archbishop cited to answer his oppressions before the pope in case he shall not redresse them , , , a writ to the sheriff of kent to distrain him by his lands , goods for his contempt in suing the archbishop and others out of the realm , against the privilege of the king , kingdom , to which his bayliffs put in sureties to appear , he being absent out of the realm , , . a prohibition to him for suing the archbishop in the ecclesiastical court by the popes authority for gifts and rents belonging to the temporalties of his bishoprick , . writs to collectors of the dismes therein , . and to his official to collect them with speed , , . an account of them , , . constituted one of the kings proctors at rome , . s. sarum , salisbury , bishoprick , bishops . joselin ; present at the ejection of the abbesse and nuns of ambresbery , for their whoredom , and induction of those of fonteveroit in their stead , p. . commissioners in that diocesse for the dammages of the exiled bishops , . richard , one of the kings counsil , his teste to writs , p. ● , , , . one of the popes delegates to inquire of the extravagances of the bishop of durham , upon the monks complaints of them , . made bishop of durham by the popes favour , , . robert byngham elected , . authorized by the pope to grant dispensations for pluralities to the kings clerks , excommunicates all the kings souldiers who by the kings command pulled hubert de burgo , accused of treason , out of a church , to which he fled for sanctuary ; the king enforced thereupon against his will to restore him to it , ● . the popes bull to him and . bishops more to provide of the next benefices that fell voyd for romans , , . his complaint with others against the prior and monks of canterburyes new usurpation upon them during the archbishopricks vacancy , and kings prohibition against it thereupon , . his death . william de eboraco , a courtier ; the kings clerk , skilfull in the lawes of the realm , provost of beverly , elected to please the king : presently approved , confirmed by him , . a prohibittion to him and others not to invade the priviledges of his free chapels , or inform against them or his other priviledges before the pope , or elsewhere , , . wavers , whether he should joyn with grosthead and the other bishops in opposing the dismes granted him by the pope , . sent with two other bishops by the rest to king h. . to perswade him to protect the liberties of the church and freedome of elections , according to his oath which he had violated , to the destruction of his prelates , subjects , and enormous dammage of the church : his answer to him , that he had exalted him from a low condition , being the writer of his writs , and present in many perilous judgements , as a justice and hireling : that it was expedient for him and them principally in the first place ▪ that he & they should penitently resign that they had unjustly obtained , lest they should be eternally condemned ; that he being justified , reformed by such an example , would from thenceforth take care to promote no man unlesse worthy , , . collectors appointed in parliament of the dismes in that bishoprick ▪ . writs to them , . invited to st. edwards feast by the kings letters , and to hold it solemnly in his absence , with other bishops , abbots , nobles , . the first prebendary that fell void in sarum granted by the king to h. de wengham , . giles de bridlesford , went to rome when elected , procured a grant to retain all his former benefices , . sent to the pope by the king to prosecute some busines of the church , which he respited , . a writ to sell all the corn sowed by the king in lands of the bishoprick during the temporalties in his hands , and answer the money in the exchequer , . writs granted at his and other bishops request by the barons advice , to remove all lay force which seised or spoiled the tithes of corn , other church-goods of priests and prebends during the troubles , and secure the profits of them , , . w. winton , winchester bishoprick , bishops . divided into two bishopricks by king edward the elder : its founders , benefactors , appendix , p. . hithelstan : made bishop by king edward the elder ; his charter to him , appendix . godfrid : his death , . peter de rupibus , de la roche ; a poytovin knight , soldier , elected by king johas procurement ; by great gifts consecrated at rome , . his letter to the trayterous exiled bishops , and oath for their safe return , enjoyment of their bishopricks , dammages , his teste to the kings patent sent to them as one of his counsil , , , . a commissioner for restoring their dammages in his diocesse , , . his name put as a witnesse to king johas charter , and oath of fealty to pope innocent , . the kings chief justice , , , , , . writs to the earl moshall and others to do as he should direct them concerning the popes release of the interdict , , . a witnesse to king johas charter of the advowson royalties of rochester bishoprick to archbishop langeton , . moved him to publish the popes general excommunication against the barons , which he delayed , . pronounced the popes sentence of suspention against this archbishop , and that none should obey him till it were released , , . the king writ to him , to promote an abbesse to be●kia , not permit another to be elected by any means : to promote one to the archdeaconry of york ; & respite the election of the abbot of st. alban , . king h. . sealed some patents with his and the legates seal before his new seal made , . king h. . ●under his wardship , . hubert removed by his power from all offices , . one of the popes delegates , who nominated what particular barons should be excommunicated for taking arms against king john , . reputed a meer firebrand of sedition , instigating the king against the english nobility , prelates , whom he and his poytovin complices hated , stiling them traytors . archbishop edmunds and his suffragans complaints against them for it , perswasions to remove them , to follow his natural subjects advice , else they would excommunicate him , and all who opposed his accord with his nobles ; whereupon he and his confederate aliens were banished the realm , , , . a writ to assist him in the treaty with the king of france , . sent for by the pope to supply him with monyes : the king contented he should return again into england by the popes leave , motion , who departed out of england rather by his own will , motion , then his : remits his indignation against him at the popes request , his writ to him thereupon to that effect , , . vpon his return otto the legat endeavours to reconcile him and hubert earl of kent , . the legat & he then admonished the king at present to submit to the just request of his nobles , prelates who rose up against them , . his death after he had been bishop years ; his good actions , praises , . three records attest richard de marisco ( i know not upon what account ) during peters episcopacy was elected to winton , ( probably mistaken in them for durham , see durham ) being specially recommended by the kings patent to the monks election : the kings applauses of his fitnesse for it , & fidelity to him ; commissioners enjoyned to give his royal assent to none but him , notwithstanding former orders : elected : the kings patent to the popes legate to confirm him , because the archbishop attempted maliciously to defer it , , . william de valentia the queens uncle ●specially recommended by the king to the monks election ; rejected as a forraigner , unlearned , insufficient , scandalous : william de raele , elected by them , for which he is removed from the kings counsil ; the king disallowing him , persecuted the monks for his choise : they to avoid the kings fury go to a new election ; elect his chancellor ralph nevil , thinking thereby to please the king , who disallows it , removes him from his counsil , takes the great seal from him , gives it to others : appealed against his election which was nulled at rome , , , . where the monks procure an order from the pope , to chuse no alien , for which the king was highly displeased , ibid. william de raele chosen a-new ; being then bishop of norwich : his election confirmed at rome ; the king appeals against , sends proctors to oppose it , prevails not : , , . the king imprisons , beats , expells the monks for their choise : commands the mayor to keep the bishop out of the city , because he would not resigne the bishoprick ; for which the bishop excommunicated the mayor , interdicted the city ; the king upon this commands the mayor & sheriff of southampton to permit none of the city or country to receive , lodge the bishop nor any of his clerks , officers , nor to make any contract or commerce with them under pain of imprisonment ; that they should all depart out of the bishoprick within . dayes after proclamation ; that neither the bishop nor any other should exercise any jurisdiction in the diocesse ; he forced thereupon to fly into france ▪ sundry writs , letters , appeals concerning it , p. , to . excuseth the execution of the popes mandare to promote a tax for him , being against the kings prohibition , and nobles provisions in parliament , , . present at st. edwards feast at westminster to adore the viol of christs false bloud , . a writ to the sheriff to enlarge a woman taken upon a capias excommunicatum issued by his official for suing an attachment against him , for holding plea of a layfee , . present in parliament with other bishops , who reprove the king for violating the liberties of the church , and freedom of elections , against his oath ; denyed him an ayde , . obliged the bishoprick in vast debts to the pope , whiles the king persecuted him ; who comforted , assisted him against the king , . his death , ibid. ethelmar , the kings half brother , recommended to it by the kings agents , and in proper person ; his speech to the monks , elected by them , though every way unfit ; the kings special recommendation of him to the pope , who by payment of the annual rent granted by king john , and gifts , procured not only his confirmation at rome from the pope , notwithstanding his youth , ignorance of letters , insufficiency for such a charge , but likewise a dispensation for him to hold all his former benefices , preferments , amounting to above . marks , and equivalent in value to canterbury , , , , , , . his teste to a writ , as bishop elect , . his speech against resisting the kings and popes demands , with grostheads reply to it in parliament , . the kings speech , valediction to him , recommending him to the living devil , for his ingratitude to him after all his advancements , . the contests between him and boniface archbishop of canterbury , who excommunicated him and his servants , for forcibly imprisoning , abusing his official , , , , . sent with two more bishops by the parliament , to induce the king to reform his invasions of the churches liberties , and freedom of elections , with his satyrical reply to him and them , as persons unworthy of their bishopricks , , . see boniface , william de raele . a prohibition against the monks of winton , for suing him in the court of rome for the temporalties of his barony , and against a sequestration there granted , , , . his contests with the prior of winton , whom he expelled , prevailed against by bribes at rome ; a great rent reserved out of his bishoprick for the popes kitchin , , , . an agreement between him and the prior , ratified by the kings patent , , , . writs to the collectors of the dismes granted the king in that diocesse , speedily to collect and pay them , . his opposition against the barons provisions at oxford , to which he refused to swear , . menaced , questioned by the barons , flyes the realm , , , , . his domination and insolence , . a safe conduct for him to come to , and return from the parliament at oxon , . writs to the abbots of wautham , st. albans , merton , not to suffer any of his monies to be thence removed , . his monies seised at dover , , . the nobles letter in parliament , and messengers to the pope against him , to remove him totally from his see , to which he was advanced by his favour , relating his insolencies , , to . his temporalties , stock seised , granted by the king to others , . the kings epistle to the pope to provide for him elsewhere , seeing he fled the realm , was the author of much contention in it ; and not to confirm him in winchester to prevent scandals , discontents , , . a proctor constituted at rome by the king to appeal against his restitution , ibid. the king presents to a benefice during the vacancy by his recesse , . commits the custody of the bishoprick , presents a chaplain to a chapple in it , . the archbishops official acting in his diocesse during the vacancy , a prohibition to him , , . henry de wengham , elected , received it conditionally , that if ethelmar were consecrated by the pope , he might then enjoy it before any other , . john gernsey , made bishop by the popes collation , consecrated at rome , payd . marks to the pope , and as much to his chancellor for his confirmation , . compounds with the king for l. s. d. for the corne and stock on his temporalties , . the kings commissioner in the treaty between him and his barons concerning the reformation of the realm , referred to the french king and popes legate , . writs issued at his and other bishops requests , to remove , prevent laymens forcible seising , spoyling the corne and ecclesiastical goods of priests and prebends during the troubles , and secure them , , . his barony seised for not appearing with horse and armes to serve the king upon summons , according to his tenure , . excommunicated by name by the popes nuncio , for ayding the barons against the king , he goes to rome to make his peace , . banished the realm by the popes legate , who usurped the profits of his bishoprick , which the rebels in ely isle object against him , ● . a writ to the collectors diligently to collect the dismes in that diocesse , . wygorn . worcester bishoprick , bishops . roger , present at the ejection of the whorish abbesse and nuns out of ambresbery , and induction of others in their places , . malgerus , maugere ; one of the popes delegates who admonished king john ; he interdicted the realm , excommunicated the kings officers , excited the pope to excommunicate the king , absolve his subjects from their allegiance , depose him and his heirs , give away his crown ; then stirred up the french king to invade him ; for which treasons his temporalties , goods were seized , he ( flying the realm ) banished , with all his relations , till he and his confederates enforced king john to receive them to his favour , restore their bishopricks , profits , damages during their exile ; to give them his barons oaths , letters , his own patents , safe conducts , engagement to perform it ; forced him to enthrall himself , realms , surrender his crown , kingdoms to the pope , under an annual pension , swear homage , fealty to him and his successors as his vassal , to his perpetual infamy , and intollerable damage , dishonour of the realm , nation , , to . walter gray ; king john promised in his presence , to grant all the barons petitions which the pope should deem just , which they refused , . recommended to york by the king , but rejected by the canons , electing simon langeton , whose election was nulled , , . see ebor. walter de cantelupo , elected , confirmed , consecrated by the pope , without difficulty , . opposed otto the popes legates canon against pluralities in the council of london , as prejudicial to noblemens sons , . chosen an arbitrator between the bishop of lincoln , his dean and chapter , in the difference about their visitation , ▪ consecrated the archbishop of ardmach at westminster , . a prohibition to him as popes delegate to proceed in the cause between the bishop , dean and chapter of lincoln , as prejudicial to the kings crown , dignity , , . joynes with grosthead in threatning to interdict the kings chapples , if he desisted not from persecuting the bishop of winton , . the popes epistle to him to prosecute that businesse , and send the names of all whisperers to him , who incensed him against the bishop , . his , other bishops petition , that the prior and monks of canterbury might use no new jurisdiction over them , to disturbe the peace of the clergy or realm ; the kings prohibition thereon to them , . very dear to the pope , as created by him ; suspected to the english , as apt to do any thing to the kingdoms prejudice , to please the pope ; he departs suddenly out of the realm to him , . the chief of the papal bishops , who promoted the popes extortions , disswaded earl richard and the king from opposing them , having a power from the pope to interdict the land ; by whose counsils the king being swayed , effeminately relinquished his manly resolutions to withstand the popes intollerable exactions , trembling for fear of the popes menaces , . this bishop imitating grosthead in passing through his diocesse by himself , or his clerks specially designed , to visit it , compelled as will freemen as villains , without the kings special command , to take an oath to make inquisition according to his will , against custome and the excellency of the royal dignity , from whence great scandal and schism were engendred in the people : whereupon the king issued a writ to the sheriffs of gloucester and worcester , commanding them , that they should from thenceforth permit no lay-person to appear before the said bishop or his clerks , for the cause aforesaid , so as he might be able justly to commend their diligence therein , ( which quelled this his usurping innovation ) . summoned to , present at st. edwards feast at westminster , to honour and adore the false relique of christs blood , . present with other bishops in parliament , who joyned in a sharp reprehension of the king for violating the churches liberties , and freedom in elections ; denyed him an ayde , then departed in discontent , , . one of the bishop of durbams provisors to retain mannors of his bishoprick during life , upon his surrender thereof , . the popes principal commissioner , agent to publish his general letters through all bishopricks for a collection of dismes , and redemption of vows , for richard earl of cornwall , , . the popes command to him to absolve william beauchamp the kings sheriff of worcester , and others , from an excommunication denounced by him against them , for things belonging to the kings court , to his prejudice , or else the archbishop to absolve them ; a parent of procuration by the king thereupon , . the kings letter to the pope to call him to an account for the crosse-money and redemption of vows received or distributed , . appointed one of the preachers of the crosse to all the londoners summoned to westminster by the king , . joynes with bishop grosthead in opposing a tax and disme granted by the pope to the king , . collectors assigned in his bishoprick for the disme granted the king in parliament , . writs to them to hasten the collection , , . protested , he would rather be hanged then yield to such an insupportable exaction as rustand demanded for the pope , from the english prelates and clergy , . excommunicated some of the sheriff of worcesters bailiffs , for distreining upon his lands ; after which an attachment and distringas issuing against him for this contempt , he released his excommunication ; whereupon the king suspended his attachment and distringas , . one of the kings counsil ; the bishop of ely his will produced under his seal , . a writ to him to sequester the benefices of john walerand , an accountant and debtor to the king , . a writ to his official prohibiting the citing of any of the kings clerks to answer for their benefices out of the realm , . one of the kings proxies and solemn nuncioes before the french king and popes legate , arbitrators of the differences between him and his barons , . peremptorily adhered to the barons constitutions at oxford , against the king ; asserted , that the king having sworn to them , the pope had no power to absolve him from his oath , nor reverse those provisions made and sworn to by common consent ; drawing with him many false prophets into this his error , ravenous wolves in sheeps cloathing , against the vicar of christ , and the lords anointed their own king , muttering not what the holy ghost gave them to utter , but what the object of the supreme power ( this bishop ) to gainsay , . the night before the battle of lewes he absolved simon earl of leicester , and all his souldiers , complices , from all their sins , commanding them upon the remission of their sins to fight manfully for justice the next day , promising entrance into the kingdom of heaven to all who dyed in that cause , . publickly excommunicated by name in the council of northampton by the popes legate , for siding with , and encouraging the barons against the king ; he soon after dyed basely , . godfry gifford , the kings chancellor , elected bishop ; one of the . persons chosen in and by the parliament at kenelworth , to elect . more , who upon their oath were to draw up articles tending to peace and settlement between king h. . and those who had been and then were in armes again him ; who thereupon drew up the statute of kenelworth , . the king upon his election presently granted him the profits of the bishoprick during the vacancy , belonging to the crown of antient right , towards the repair of the houses and edifices then fallen to decay ; gave him a special license to fence his houses within the close at worcester , and at widdington in gloucester-shire , with a wall of stone , lime , and battlements in form of a castle , by two special patents ; and so to hold them to him and his successors for ever , without question or impediment of him or his heirs , , . his seal and testimony to pope martin the th . his acquittance for . marks received from king edward the . by his agents for his use , for some years arrears of the annual rent granted by king john to the pope and church of rome , , . this index ( with those in the other tomes when finished ) will adde a considerable supplement to the defects , and rectifie some mistakes in francis godwin his catalogue of the bishops of england . index . of the archbishopricks , bishopricks , archbishops , bishops , clergy of the kingdom of ireland in general and particular , and all matters concerning them , mentioned in this tome ; which will adde some supplement to james ware his book , de praesulibus hyberniae . matter 's in general . a writ to the chief justice of ireland , that no benefice or ecclesiastical living belonging to the king in ireland , shall be conferred without his privity and assent , to the prejudice of his crown , as was lately practised in his and his fathers dayes , to the derogation of his prerogative , p. . a writ to all the archbishops and bishops in ireland , to attempt nothing to the prejudice of the crown , in conferring prebendaries belonging to the king during the vacancies of their sees , . writs to all the archbishops , bishops , abbots , priors , to levy the th . part of their goods , granted the king by the pope for his relief , , . to the archbishops of ireland , to admit no bishops or others to any dignities belonging to cathedrals within their provinces , unlesse they first have the kings special letters patents to elect , and afterwards his assent to their elections , . the king to have the custody of all bishopricks in ireland during their vacancies , and that their tenants ought to sue in his courts for justice , of which antient prerogatives the irish bishops endeavoured to deprive him ; his letters to the pope , and his proctors against this attempt , . see limeric . prohibitions that no election should be made in any voyd cathedral in ireland , without the kings special license first had , since it tended to the disinheriting of him and his heirs , . the kings writ to all chapters of the freers minorites in ireland , that no freer of their order should be elected an archbishop or bishop in ireland , nor consecrated though elected , which the king assented to , , . to the chief justice not to suffer j. de frussyn the popes nuncio to exercise any other ecclesiastical jurisdiction in ireland , but to collect the dismes for relief of the holy land , and absolve those who layd violent hands on clerks , although the prelates would suffer it , . a writ to the archbishops and bishops of ireland summoned to the council of lyons , not to assent to any thing to the kings or kingdoms prejudice , , . a writ of king h. ▪ for a cup to be provided to keep the eucharist in , for every cathedral in ireland , by his chief justice , . to the archbishops and bishops to certifie who ; and what number of persons had there taken up the crosse for the holy land , , . writs to all archbishops , bishops , abbots , priors , archdeacons , officials , deans , and other prelates in ireland , to assist the collectors of the dismes there for relief of the holy land , . and satisfaction of the queen and pope , , . a writ to prince edward to redresse several grievances and oppressions complained of by the bishops and clergy of ireland , to the prejudice of their liberties , by advice of the chief justice and others of the kings counsil , , . pope alexanders bull for that purpose ▪ upon complaint of the archbishop of tuam and his suffragans , to excommunicate the kings justices , bayliffs , as well as others , for their proceedings at law against their clerks and tenants , notwithstanding the kings prohibitions ; with the kings proctors protestations against it , and the bishops holding plea of advousons in ireland , as derogatory to the kings prerogative , which they endeavoured to procure from the pope , , , . a prohibition for archbishops , bishops , and ecclesiastical judges in ireland , to hold plea in their ecclesiastical courts of advousons of churches , chapples , lay-see , or goods not given in marriage or testament , appendix p. , . a. aladen , alleden , aland bishoprick , bishops . the bishops complaint to the king against his justices oppression of him and his tenants , in citing them out of their counties and provinces , in hindring the irish to make wills , take up the crosse , and distraining them to make suit in causes which concerned them not , , . the popes bull upon his and other bishops complaints , to redresse their grievances , excommunicate the kings justices , bayliffs ; and kings proctors appeal against their excommunication of them , for executing their offices , as against his crown and dignity , whereupon the excommunication was agreed to be suspended as to the justices , , , . ardacen bishoprick , bishops : an appeal against this and other bishops electing an archbishop of ardmach , without the kings license , against his right and dignity , . ardmach archbishoprick , archbishops . it s suffragans , their actings against the kings right and dignity , by electing eugenius archbishop without his privity orlicense ; his appeal , writs against it ; a prohibition issued to all archbishops , bishops , others of his diocesse , not to receive or own him as archbishop , , . a writ to the archbishop to collect the th . part of all ecclesiastical and religious persons goods in his province , granted by the pope to the king for his ayde , , . a second writ to that purpose , to proceed therein with all diligence without delay , , . cuneren bishoprick subject to it , . a prohibition to the archbishop , not to cite any out of the realm , not proceed in his ecclesiastical court in a case of the prior of lanton for advousons or lands , belonging to the kings temporal court , which he would by no means suffer , since thereby he might utterly cast down and enervate his crown and dignity , which he ought by no means to will , if there were loyalty in him , . power granted by the king to the chief justice of ireland , to grant a license to the dean and chapter to chuse an archbishop , and consent to his election , so as it might not be drawn into example , because the pope endeavoured to deprive him of this antient right , . letters to the archbishop to publish a croysado , and raise monies for the kings voyage to the holy land , . st. patrick archbishop of ardmach , christs apparition , gifts to him ▪ and his purgatory , p. . d. archbishop of it : the kings writ to him to admit and consecrate a bishop , to whose election he had given his royal assent for that time , though elected only by his chief justice license , without his own first craved and obtained , which ought to have been , . the archbishop complained against by the bishop of clocor , for grievances , spoliations of lands , churches of him and his tenants , imprisoning his men , as excommunicated by the kings letters , since the archbishop circumvented the king therein by his proctors , he and his tenants being then in truth excommunicated , as the king was certified by other bishops , to whom the cause was referred to be examined : writs to the chief justice to right him and them according to law , . audelmus of colen , consecrated at westminster archbishop of ardmach , ( primate of all ireland ) in king henries and the popes legates presence , . r. archbishop ; licensed by the king to repair to the court of rome for his churches affairs ; a protection from suits granted him for a time , . consecrates a bishop elected without the kings license , approbation , command to the prejudice of the crown ; a writ to the chief justice to remove him , his lay-force , and null his presentations , , . abraham ; a person profitable to promote the kings affairs , residing at rome about his churches affairs , at the popes request was restored to the temporalties by the kings special grace , against custome , before he came personally to the king to do his fealty ; the profits thereof collected by his bayliffs to be sequestred till he did his fealty , and then delivered to him , , . he nulls the bishop of dunes election , which the king approves , and at his request consented to the election and confirmation of a new bishop recommended by him to the king , . artferten ( alias ke●ry ) bishoprick , bishops . g. approved by the king , a writ to the archbishop of dublin to consecrate him , according to the popes command , . he resigns his bishoprick , . the dean and chapter electing a new bishop without the kings license , the king refuseth to confirm the election , as null , apparently derogatory to his crown , and contrary to custome used in all cathedrals belonging to his patronage , who upon every avoydance ought to petition for a license to elect , ere they proceed to chuse a bishop ; but because the bishoprick was poor , the king granted the archbishop of dublin and chief justice power to grant them a license to elect and approve a new bishop by his royal favour and authority , so as the person be faithfull to him , and necessary for his land of ireland , , . brendan ; a writ to the chief justice not to suffer the archbishop of casseren to disturbe or implead this bishop for any lands or temporal things belonging to the kings crown or dignity , without special command , . he relinquisheth it ; the dean and chapter petition the king for a license by sealed letters , contrary to usage , to elect a new bishop ; which the king assented not to , but of his special grace gave power to his chief justice to grant them a license in his stead , so as they present the person elected to him for his confirmation , . attoden bishoprick , bishops . his with other bishops complaints to pope alexander , against the kings justices and bayliffs grievances and proceedings in ireland ; a bull procured to redresse them , with the kings proctors exceptions against some clauses therein , , . see tuam . c. cassal , cassel archbishoprick , archbishops . his suffragan bishops , . a writ to the archbishop to put the bishop of waterford in possession of lismore bishoprick , of which he was fraudulently dispossessed by a false suggestion to the king , , . pope honorius his command to him , upon the kings complaint , to release his unjust interdict of the kings tenants and lands , after his appeal , within . dayes , else other bishops are authorized to release it upon caution , . mauritius o brien bishop of cork , promoted by the king at the popes request to this archbishoprick ; a writ to restore his temporalties , and another to him to consecrate the bishop of cleon , . a writ to restore whatever the kings bayliff , had received from his archbishoprick or clerks lands , after the kings first writ of restitution , and his journey towards rome , . a writ to him to repair to dublin , to receive and execute the popes mandate for a competent ayde granted the king from the clergy and religious persons of ireland , and those within his province , , . the kings proctor appointed to prosecute a cause before him , as popes delegate , concerning the election of the bishop of imelin , which the king opposed , . the kings prohibition to the archbishop , not to take advantage of any laps of time to sequester the bishoprick of artferten , ( by reason of the deans and chapters electing a bishop without his license , which election he nulled , putting them to a new one with license ) to the prejudice of his crown and dignity , which he would no wayes suffer , there being no neglect in him , . a prohibition to the chief justice , not to suffer the archbishop to sue his suffragans or molest them for any lands or temporalties belonging to his crown , but only for their spiritualties , , . a writ to him to promote the preaching and businesse of the crosse in ireland , . a writ to prohibite the archbishop to confirm the bishop of limeric , chosen without the kings license or confirmation , and to seise his temporalties and appeal against him if he proceeded therein , . a writ to him to preach the crosse daily by freers predicants , and permit the kings collectors to collect all legacies , redemptions of the crosse , and other gifts towards that expedition within his province , . david archbishop of cassel , confessing his error in consecrating some bishops in his province before the kings confirmation , not out of fraud or malice , but ignorance , promised by his letters patents under hand and seal for him and his successors , never to offend in this kind , nor to consecrate any bishop till first elected by the kings license , and afterwards specially confirmed by the king according to custome , , . cenanen bishop . the kings appeal against him and other bishops , conspiring to elect an archbishop of ardmach without his license , contrary to his right and dignity , . clocharen , clocoren , cloc●r bishoprick , bishops . the like appeal against him as next before , . n. bishop thereof , a writ to the chief justice to hear his complaints against the archbishop of ardmach , for grievances , spoyles of his lands , churches , and imprisoning his tenants , by pretext of excommunications and the kings letters , wherein the archbishop circumvented the king , and to do him full and speedy justice , . cloanensis , cleonensis , clonen , clon bishoprick , bishops . the like appeal of the king against him as the two former bishops , . a patent to the dean and chapter to elect a bishop , so as he be an english man , . florentius , the kings royal assent to his election , and mandate to the archbishop of cassel to consecrate him , . elyas , resigned his bishoprick , . thomas dean of clon , elected by the chief justice his license only , without the kings first petitioned for and obtained , which ought not to be , yet approved by reason of its poverty for this time , out of special grace ; a writ to the archbishop of dublin to consecrate , and chief justice to confirm him , , . alanus ; an assise of novel disseisin was brought against him by the bishop of imelic , for a tenement in k●lcomyr , of which he apparently disseised him ; whereupon the bishop of clon threatned to excommunicate the chief justice if he proceeded , who desisted thereupon ; the king admiting at it , by special writ commanded the chief justice to proceed , notwithstanding his threats , to amerce the defendant , and give damages and possession of the tenement to the plaintiff , according to the law and custom of ireland ; to take and imprison the judges who held plea thereof in the ecclesiastical court , and the bishop too , for prosecuting the cause there against his prohibition , in contempt of his crown and dignity , till they made full satisfaction to the king for such an enormous and grand contempt ; and to proceed in like manner in other like cases , that he might lose none of his right , . see imelic . daniel ; the king at the earnest importunity of many great and religious persons , gave order to his chief justice to restore his temporalties , although the dean and chapter of clon . refused to present him to the king after his election , for to approve or disallow him ; and without his favour proceeded by the popes command to consecrate him , in prejudice of his royal dignity : provided that the bishop , dean and chapter should first give security by a charter under their hands and seals , that they would not hereafter proceed to any election of a bishop , without first petitioning for a license , and that after the election they should present the person elected to him and his heirs before his consecration , p. . clokor bishops . th. an attachment against him for holding plea in the ecclesiastical court of a lay fee against the kings prohibition , p. . cluacensis , and cluenfert bishops , with others under the archbishop of tuam , procured a bull from pope alexander to excommunicate the kings justices and bayliffs for inquisitions , imprisonments , and legal proceedings against them , their tenants and officers , notwithstanding the kings prohibitions : the kings proctors appeal and exteptions against these clauses , as contrary to the kings prerogative , p. , . cork bishops : mauritius translated to the archbishoprick of cassel by the kings license and assent , p. . corliagensis episcopus : william a monk of jariponte , confirmed by the popes legate ; his confirmation approved by the king , a writ to restore his temporalties , p. . cuntren bishop : adam , subject to armach , . d. dary bishoprick , bishops . darensis episcopus ; the popes delegate to absolve the archbishop of cassels causless interdict of the kings men and lands after an appeal at the kings complaint , in case he took it not off in . dayes , . his certificate of a bishops consecration by the archbishop of dublin at rome , . dublin archbishoprick , and archbishops . henricus loundres ; subscribes king johas chatter in mat. paris of his surrender of england and ireland to the pope , p. . his protestation against it , and grief at pandulphus trampling the first money under his feet , , , . joyns in a letter with the barons for recalling the exiled bishops and stephen langeton , and their safe return into england , . sent with others by the king to meet them , . a writ with his teste to deliver two imprisoned clerks to the custody of the popes legat , . an attachment against him for holding plea of a lay fee in his court against the kings prohibition , . the kings writ to him to consecrate the bishop elect of artferten , according to the popes mandate , which he approved , . justice of ireland ; a writ commanding him to proceed in a certificate to the justices in assise of mortdauncester where bastardy was pleaded , to take the proofs of the plaintif . therein , notwithstanding any appeal● according to the law , and custom of ireland ; and to give a definitive sentence therein , that justice might not be obstructed , the kings court declined , and his jurisdiction transferred to another judicature , , , pope honorius bull to him to punish the detainers of the kings castles with ecclesiastical censures , if they refused to surrender , them to him , . a writ to him to collect the . part of all movable goods of bishops , abbots , priors , and a . of all inferiour clergymen within his province and ireland , according to their annual values , granted to h. . by the pope ; and to dispose , reserve , pay and account to the king for them ; that it should not be drawn into example for the future , . the other archbishops summoned to meet him ac dublin concerning it , . a mandate to him when any cathedral within his diocesse fell void , not to admit any person to vacant dignities , untill it shall appear they have petitioned for , and obtained license from the king to elect , and obtained his royal assent to the election , . the profits of all archbishopricks and bishopricks which should fall voyd in ireland , granted to him , till a debt owing him by the king was fully satisfied , p. . a mandate to all abbots , priors , earls , barons , knights , citizens , burgesses , and other persons within the archbishoprick to pay t●thes of their fishponds to their parish priests , without expecting the kings royal mandate and assent , . a writ to transmit to him the constitution of merton concerning bastardy , that the issue born before marriage ought not to inherit lands or tenements , but the brother born after marriage : that the lord ought not to be vouched to warranty in such cases by the tenant , nor duel allowed , to proceed accordingly in irel. . a special writ to him and the chief justice to grant a license to the dean and chapter of arefarten to elect a new bishop for that time out of special grace , and to confirm , consecrate the person elected in his royal name and right ; that his right might not be impeached ; and to null their former election made without his license , which he would by no means confirm , to preserve his prerogative ; to confirm , consecrate no bishop without his precedent license to elect , & subsequent confirmation when elected , , . a writ to him to preach the crosse , publish the popes bull through all ireland to ayde the holy land , by such persons as he should think meet ; to reserve the bull safe when published , in the priory of trinity in dublin , where all might resort to it , and use diligence therein , , . a writ to him to permit stephen longespe and his agents according to the popes bull to him , to collect all the monyes in lagenia , for the redemption of the vows of such who had taken on them the crosse in that province , and to assist them therein , . a writ to collect and unite the disms of beneficed persons in ireland by the chief justices advise , , a mandate to him to release the excommunication he h●d published against stephen longespe , and to the chief justice to induce him to it , . lucas ; the kings parent to him and others , with the bishops of notwich , chichester , and abbot of westminsters letters and instructions to them concerning the businesse of the crosse , and collecting the dismes of all ireland for relief of the holy land , p. , . ranulphus de norwico , chancellor of ireland , elected archbishop by the canons at dublin , was excepted against , his election nulled in the court of rome , and the electorblamed , because he was a secular person brought up in the kings court , sitting at the receit of custom , and the archbishop bestowed on fulco sandford , his proctor at rome , who betrayed him , , , . falco , established therein by the popes assistance , after many irreparable devastations of his archbishoprick , . his official in his absence at rome by his authority confirming the bishop of ossory , the king upon his and two other bishops certificates thereof , granted a writ to restore his temporalties , , . the king after the death of fulco de saunford archbp. of dublin granted the issues & profits thereof to pr. edward , towards the expences of his voyage to the holy land , excepting all knights fees , wards , reliefs , eschears , advowsons of all abbies , priories , dignities , prebends , churches , that fell void ; writs to the escheator and archbishops tenants to this purpose , . robert de la provend : the king of special grace granted this priviledge to him , his heirs and their tenants in perpetual , that their goods should not be distrained in any place for debts , wherein they were not principal or sureties , unlesse where the debtors were within their power , p. . dumensis , dume bishops . thomas lidel , his election justly nulled by the archbishop of ardmach , who was ready by his metropolitical authority to conferr it on reginald archdeacon of dume , if the king thereto assented ; the king thereupon at his request assented to him as a fit person , receives his fealty , and issued a writ to the chief justice after the archbishops confirmation of him to restore his temporalties , and to the archbishop to do his duty in confirming and consecrating him , p. . e. elfin , elphin bishoprick , and bishops . i. archdeacon of elfin , approved bishop elect by the popes ordinance in derogation of the kings prerogative , being chosen without the kings assent ; the archbishop of tuam refused to consecrate him ; yet because the pope gave a laudable testimony of him in his letters to the king , he issued a writ to his chief justice to restore his temporalties to him , p. . thomas dean of archada , elected bishop of elfin by the dean and chapter before they obtained a license from the king , yet the king assented to his election● , to prevent danger to the church , so as by occasion of his grace at this time , no prejudice might accrue to him for the future , nor any prerogative confered on them , but that the chapter of elfin when the see became void , should have a license from the king before they went to an election , . he joynes in a complaint to pope alexander with the archbishop and suffragans of tuam against the kings justices in ireland , for interdicting , imprisoning , oppressing their priests and tenants for crimes and suspitions of crimes before confession or conviction ; and binding them to appear before secular judges ▪ procuring a bull to excommunicate them if they desisted not from it , notwithstanding any prohibition or constitution , p. , , . thomas made archbishop of tuam , p. . see tuam . miso archdeacon of clon , elected by the kings license ; and none excepting against it , the king gave his assent thereto , commanding the archbishop of tuam to do his duty therein , and the chief justice to restore his temporalties , if his election was confirmed by the archbishop . after which the dean , archdeacon , treasurer , and provost of that church , presented thomas abbot of buelie of the cistercian order . whom they elected bishop , to the king , by letters patents under their common seal , certifying him that the archdeacons election was unduly made without expecting the kings license , which the archbishop also certifyed by his letters patents ; and that by his archiepiscopal authority he had nulled his election for certain causes : and although the king by reason of the contradiction of these their certificates , might well doubt which of them was justly to be preferred , as duly elected , yet he assented to the abbots election upon the archbishops certificate , so as he more fully examined the merit of both elections , and certified the king which of them he ought to admit without violation of law , p. . after this the archbishop of dublin confirming and consecrating milo , and the archbishop of tuam , thomas , as duly elected , thomas appeal●d to the pope , who gave a definitive sentence for thomas , as appeared by the popes certificate to the king : and milo being dead , as appeared by the archbishop of tuams letters : thereupon the king ( who suspended the restitution of the temporalties till the controversie descided between them ) issued writs to his escheator to restore the temporalties to thomas without delay , out of special grace , he receiving first in his name , an oath of fealty , which he and all other bishops and prelates of the land were bound to make , p. , . f. fern bishoprick , bishops . albinus ; a writ to the chief justice to attach him by safe pledges and sureties to appear before him on a set day for his contempt in prosecuting a suite in the ecclesiastical court before the archbishops of dublin , tuam , and bishop of clokor against william earl marshall for his lay-fee , against the kings prohibition to them , p. . a patent to him and the archbishop of dublin , to promote and collect the ayde of all the irish clergy granted by the pope to the king , and to repair to dublin to conferr with the other archbishops and bishops concerning it , , . a delegate of the pope with others in the case of the bishop of imelic , . john , a patent for him and another to receive the profits of all archbishopricks and bishopricks which should fall void in ireland , to satisfie a debt the king owed the archbishop of dublin in the first place , and after that for the kings use during pleasure , to be answered to his exchequer , . finabarun , finabern bishop . pope alexanders bull to him his dean and archdeacon to compell the kings officers and bayliffs in ireland by ecclesiastial censures , to give over their grievances of indicting , suing , and imprisoning the archbishop of tuams and his suffragans clerks and tenants in temporal courts , notwithstanding the kings prohibition , or any constitution , p. , , . the kings proctors exceptions & protest at rome against it , as against the kings prerogative . ibid. mauritius , elected bishop thereof by license from the king ; was unwarily confirmed and consecrated bishop by the archbishop of the province , before and without the kings royal assent to his election : or receiving or sending to the king for his assent : which offence and neglect the king at this time remitting , issued a writ to the escheator of ireland to restore the temporalties to him , receiving fealty first from the bishop in the kings name , according to usage , and letters patents from the chapter , that they shall not draw the said negligence or omission into consequence ; yet punishing the metropolitans trespasse done to the king in admitting the bishop elect without his assent , according to the quality of it , , . h. henechdun bishoprick . it being antiently a parish church , and no cathedral , two bishops were successively placed in it as a cathedral . the pope upon the archbishop of tuams petition , to whom it belonged , gave way to reduce it to its pristine state ; the archbishop petitioned for the kings favor and assent thereto ; whereupon a writ of inquiry issued to the chief justice concerning it , p. , . see tuam . i. imelic bishoprick and bishops . a suffragan to the archbishop of cassel , . john ocolingba pretending himself bishop elect of imelic ; the king appealing against his election , the pope appointed the archbishop of cassel , bishop of fern , and archdeacon of dublin to hear and determine it , before whom the king constituted a special proctor to defend his right p. . c. a writ to the chief justice of ireland not to intermeddle , if the archbishop of casel questioned him and other his suffragans conterning their spiritualties ; but not to permit him to trouble or sue them for their lands and temporalties belonging to the kings crown and dignity , ▪ . christinus bishop of imelic , sued an assise of novel disseisin , against the bp of clon for a tenement in k●lcomy● of which he injuriously disseised him : the bishop of clon threatning to excommunicate the chief justice , who for fear thereof delayed to give judgement against him , and dammages or possession thereof to the bishop of imelic , according to the lawes and custom of ireland ; for which the king by special writ checks , and commands him to proceed to judgement notwithstanding his threatned excommunication or any other cause ; and to imprison the bishop of clon , and those judges who held plea of it in the ecclesiastical court against his prohibition , crown and dignity , p. ▪ see clon . l. lanensis , laon bishop : d. bishop thereof , a suffragan to the archbishop of cassel ; prohibited to molest or sue him for his lands and temporalties held of the king , but only concerning spirituties . p. . laon : the bishop one of the popes delegates in a case of the election of the bishop of meden . the kings prohibition and menace if he unduly proceeded therein , p , . lethlin bishops . r. his decease ; p. . w. archdeacon of lethlin elected bishop thereof after him , without the kings precedent license required , his election declared null in law ; yet the king out of special grace , by reason of the honesty of the person , afforded him his favour & royal assent thereto , though his election were ▪ deservedly void ; upon condition , that the chapter and clergy of lethlin should first make letters patents to the justice of ireland , of a license craved from him , lest it should prejudice him and his heirs in a like election in future time , p. , . limeric , limbrick bishoprick and bishops . suffragan to the archbishop of cassel , p. . the bishops of ireland contending to deprive the king of the liberty he and his predecessors usually enjoyed , to have the custody of their bishopricks during the vacancies , and that their tenants from thenceforth should not require justice from the kings court , and pleas which were used to bee brought in determined by his writs to the prejudice and hurt of his royal dignity , specially sent or intended to send the bishop of limeric to the popes court to obtain these designes ; whereupon king henry the . sent a special letter to the pope not to permit any thing to be obtained or granted , by any ones suggestion against him that might hurt his rights or deprive him of his accustomed power in this behalf : but remain safe under the wings of his protection against the machinations of his enemies ; commanding . proctors manfully to resist those who would obtaine those things in the court of rome , so as thereby he might have cause to commend their discretion and fidelity , p. . h. a prohibition that the archbishop of cassal should not molest nor implead him for his lands and temporalties held of the king , but only for spiritualties . p. , . a prohibition to the archbishop of cassel , not to confirm a bishop if canonically elected , in the church of limerick , notwithstanding the kings royal ass●nt was not required thereto , and to revoke whatever he had done to the kings prejudice without delay : , . see cassall . lismore bishoprick and bishops . suffragans to the archbishop of cassal , p. . r. de bedeford , by letters patents from the chapter of lismore to . canons thereof , was elected bishop of lismor , to which election the king gave his royal assent , they affirming the church to be then voyd , the king issued a writ to put him in possession thereof ; whiles r. bishop of waterford , to whose bishoprick it was annexed , was sent into england by the popes legates command to help consecrate the bishop of carlisle , the bishop upon his return compained of this surprise to the king and counsil , producing before them the instrument of j. the popes legat for the union of both bishopricks ▪ and alleged that he could not be justly put out of either of them without hearing , or summons whiles absent , and thus united , by a false and fraudulent suggestion : whereupon the king decreed , that the lying informer ( who circumvented him ) should not obtain his suit , that his fraud and guile should not patronize him ; thereupon he by writ commanded the chief justice of ireland to put the bishop of waterford in full and speedy seisin of all possessions and goods belonging to the bishoprick of lismor or waterford : the like writ ●●●●ed to the archbishop of cassel , , . after which the pope referred the examination of this cause to his legat then bishop elect of norwich , the archbishop of canterbury , and bishop of winchester , who by their definitive sentence adjudged r●de bedeford his election and possession to be good , legal , and that he ought to enjoy the bishoprick ; whereupon there issued a writ to the chief justice of ireland , by advice of the counsil , to put the bishop of lismor into the possession thereof , and of all its profits without delay , p. ▪ . griffin , gaining possession of the bishoprick by pretending to the king , he was elected , and confirmed , so deceiving the king , being not confirmed ; the king by writ commandded his chief justice upon sight thereof , to seise into and keep safely in his hands , the bishoprick then in griffins possession with all the appurtenances , lands , goods , rents , possessions belonging to it , till further order , p. . a writ that the archbishop of cassel should not molest nor sue the bishop for any lands or temporalties belonging to the crown , but only for spiritualties , , . the kings presentation of vv. de kylkenny to the church of dungarvan directed to the bishop of lismor , by the king , . m. meden , midensis , midden bishoprick , bishops . the bishop one of the popes delegates to release the interdict of the archbishop of cassel against the kings lands and tenants in ireland , if he refused to do it in . dayes , p. . t. appointed one of the kings collectors by the pope to collect the dismes granted him in ireland for relief of the holy land , , . hugo bishop thereof having obtained confirmation , and the spiritualties and temporalties of the bishoprick , galsridus de cusack pretending himself bishop thereof , being consecrated by the archbishop of ardmach to the prejudice of the kings dignity , when he neither demanded nor had the kings consent to his election or confirmation , conferred certain churches belonging to the bishoprick , to the kings and bishops prejudice , one of them on the chancellor of ireland . upon which the king issued a writ to the chief justice , that he should not detain that church , nor do such things for the future , that he should take those persons according to the custom of ireland , who were excommunicated by hugo or his officials , remove all lay-force resisting him , out of churches : and if any menaced him or his in their goods or bodies , to take good security and sufficient pledges from them to attempt no evil against the person elected : the archbishop and hugo endeavouring to seclude the king and his heir● , that no license should be demanded from them to elect a bishop in the church of meden , which would redound to their great prejudice , p. , . the bishop of midden certifies a confirmation of the bishop of ossory to the king , p. . executor of the dism granted to the king in ireland , p. . o. ossory bishoprick , and bishops . the kings grant to the queens chaplain of the next prebend or benefice belonging to the patronage of that bishoprick which should fall voyd during the vacancy , p. . galsridus de sancto leodegario his election to it confirmed by the archbishop of dublins official by his authority whiles absent at rome , certified to the king by his official and . irish bishops ; whereupon seisin of all his temporalties is awarded him by a writ to the chief justice , p. . t. tuam archbishoprick , and archbishops . thomas , an attachment against him and others for holding plea of a lay-fee against w. earl marshal , at the suit of the bishop of fern against the kings prohibition , p. . writs issued to him to levy an ayde granted upon the clergy of ireland by the pope , and to repair to dublin to receive instructions concerning it , p. , . see dublin . martin archbishop , refused to confirm or consecrate the bishop of elfin by the popes order , without the kings consent , p. . a petition to the king for a license to elect a new bishop after his death , the chief justice commanded to grant one freely , yet to require them to elect such a one who might be fit for their church , profitable to the kindom of ireland , and faithfull to the king , . a mandate to the archbishop to imploy freers predicants daily to preach the crosse , and collect legacies , redemptions of the crosse , and all monies belonging to that affair , p. . the archbishop requested the king that the church of hennechdun , alias eanden , formerly belonging to his see , but having two bishops successively placed in it as a cathedral , might become parochial as at first , as the pope had ordained ; the examination thereof referred by writ to the chief justice : the value of the lands and edifices belonging to the church to be enquired after , to be exchanged for other lands of like value , that the king might build a castle there : the patronage of the church to remain at present in the kings hands , whose license was required for election and confirmation of the bishops there ▪ till enquiry made who were the ancient patrons : to inquire what land belonged to the church before it was made a bishoprick : that the archbishop should have the lands belonging to him of right , and be assisted with favour to recover his right in the kings courts against the tenants , , , . five articles of complaint & grievance of florentius archbishop thereof , his suffragans and clergy , whereby the church of ireland was enormously oppressed , grieved , defrauded of its rights , liberties by the kings justices , sheriffs , other officers , and some irish barons , referred by the king to prince edward , to examin and redresse , by the advice of his chief justice , other discreet men of his counsil there , and of the archbishops , bishops , abbots , barons , justices , and all the great men of ireland , to be assembled for that purpose with all convenient expedition , in such sort as should be most expedient for the churches indemnity , his and the land of irelands profit , tranquility : so as the glory of the church might encrease by him , and the beginning of his new government might receive more increase of praise , , . wolter de lundie dean of pauls being made archbp ; the pope granted him the profits of all his former livings ( by way of commenda ) for two years , not excepting his former grant to the king of all dignities and livings falling void for . years , towards his expedition to the holy land ; whereupon the king issued a writ to his proxies not to collect the fruits of the deanary and prebendary of london , or other benefices before his promotion by this commenda , which if they presumed , they should answer them to him , p. . he being made archbp. by the popes provision without the kings license , the king refused to restore his temporalties to him ; at last he permitted his bailiffs to dwell in the houses , and manure the lands belonging to the archbishoprick ; yet so , that all the profits and rents thereof should be sequestred , laid up , and safely kept in certain places within the archbishoprick without diminution , untill the archbishop should come to the king , and do his fealty in person to him . which he accordingly performing , the king restored him to his grace , favour , archbishoprick , with the temporalties , and profits therof from the time of the sequestration , by a writ to the chief justice of ireland , . thomas ( o connor ) bishop of elfin , being elected and confirmed archbishop of tuam by the pope , as the pope certified the king by his letters , he approving and confirming his translation , sent writs to his chief justice and escheator of ireland , to give him full seisin of all his temporalties and possessions without delay ; and to all the tenants of the archbishoprick , to obey and answer him as their lord , . the king receiving contrary certificates concerning the elections of two persons to the bishoprick of clon , commanded the archbishop to confirm and consecrate him he had certified to be duly elected , yet to inquire further of the election , and give him a fuller account thereof , that the king might know which of the two to admit without injury of right , . see clon . after which one of them being confirmed and consecrated by the archbishop of dublin , the other by the archbishop of tuam , who upon his appeal to the pope had his definitive sentence to be duly elected and confirmed ; the king upon the popes certificate , issued a writ to his escheator to give him s●ifin of the temporalties without delay , p. , . see elfin . w. waterford , its bishoprick , bishops , and matters concerning them . the bishoprick of lismor united to ●●t by j. cardinal presbyter of st. stephen , the popes legate in ireland , though formerly divided , p. . r. bishop of waterford being in actual possession of the bishoprick of lismor by this union , during his absence in england by the popes legates mandate to help consecrate the bishop of carli●le ; the chapter of lismor informing the king the church was void , elected and presented a new bishop to him , whom he confirmed and restored the temporakies to : but upon complaint of the bishop of waterford , and proof of the union , restored him to the possession thereof . upon an appeal to the pope , the bishop of norwich elect then his legate , the archbishop of canterbury and bishop of rochester to whom he referred the examination of the cause , resolved the union to be void ▪ the election and confirmation of the other good ; whereupon the king restored him to the possession of lismor ; and the other to all the possessions and temporalties belonging only to waterford , p. , , , . see lismor . philip dean of waterford being elected bishop thereof , whom the pope approved to be bishop , the king thereupon granted him his royal assent and favour : and because he had done fealty to the king , he issued writs to his chief justice to give him full seisin of the temporalties thereto belonging , according to usage , and to all tenants of the bishoprick to be intendent and respondent to him , p ▪ . king h. . being in gascoigne , granted a license to elect to the dean and chapter of waterford , yet to spare their labour and expenses of sending thither for a confirmation after the election made , he commanded his chief justice of ireland , when the person they required or elected should be presented to him , he should give the royal assent and favour to him ; yet so , as the king might have no reason to suspect his loyalty ; and to restore him full seisin of the bishoprick , and all temporalties thereto belonging , when he was confirmed , having first received the due and accustomed fealty to the king from him ; and that he should take care he received letters patents from the dean and chapter , conteining , that they should not draw this grace of the king into consequence in future times , p. . this index ( with those in my other tomes when compleated ) will supply sundry defects in sir james ware his book , de praesulibus lageniae , sive provinciae dublinensis , & archiepiscoporum cassaliensium & tuamensium vitae . index . of foreign archbishopricks , bishopricks , patriarchs , archbishops , bishops ; matters , acts relating to them ; those only formerly under our kings dominions in france and normandy are particularly touched , the rest referred to the pages wherein mentioned . a. amciensis bishop , p. . sr. andrews archbishop ; g. a writ to the barons , bayliffs of the cinque-ports , and others , to arrest him and all his , and other enemies coming from beyond the seas , o● out of scotland , who had procured certain things from the court of rome tending to the disinheriting of the king of scotland , ( who had married king h. . his daughter ) not without the manifest scandal and disgrace of him and the said king ; and not to suffer any of them to come into the realm , . antiocha patriarch ▪ claims primacy of the bishop of rome , p. , , , , . anxianensis , auxiensis archbishop , p. . aquensis episcopus , ordered by pope honorius his bull , at king h. . his instance , to excommunicate geoffry de lizimace , the kings sworn vassal , for breach of his oath of fealty to him , p. , . summoned to appear before the king at burdeaux on a certain day , upon the men of aquis complaint , for invading them in an hostile manner , to the kings great disgrace and dishonour , taking three of them prisoners , and slaying one : j ▪ mansell sent thither to hear and end the differences between them ; the bishop prohibited not to molest them again , as he would avoyd the kings revenge , p. , . aquilegia patriarch , p. . arelaten●is archbishop , prohibits earl richard by the popes authority not to passe to the holy land , when in his journey towards it , to all mens admiration , . armenia archbishop , arrives in england , p. . b. belvacensis bishop ; philip taken in his armes against king rich. . by his forces , was kept in them long , detained prisoner , not released by him , no● by king john , notwithstanding all the popes letters , menaces , till he payd a ransom of marks , and marks more for expences in prison , p. . beritensis bishop , p. . bithuricensis archbishop , p. . bononiensis bishop james , p. , , , , . brixiniensis bishop g. p. , . burdegalensis archbishop , summoned to a council to biturica in france by the popes legate , p. . the bishop of hereford aspiring to it , defeated by the archbishops unexpected recovery , p. . fortone the kings clerk elected by the major part ; the kings letters to the pope on his behalf , . c. caesariensis archbishop , p. . canturcensis bishoprick , p. . cathanensis bishop , p. . coloniensis archbishop h. p. , . appendix p. . condonensis bishoprick , . constantinopolitanus patriarcha , contests with the pope for primacy , p. , , , , . corliagensis bishop william , p. . cremonensis bishop , p. . cuma bishop h. p. . cunerensis bishop a. p. . d. dolensis bishop ; sampson archbishop of st. davids , carries his pall from st. davids thither ; whereupon the bishop succeeding him refused subjection to the archbishop of turon , till pope innocent the d. descided the controversie for dole , p. . e. ebredunensis archbishop ; king henries grand proctor to the pope in the businesse of sicily , wherein he decoyed him , p. , to , , , , . f. ferraria bishoprick , p. . florence bishop , p. . g. glasgo bishop ; nicholas , his election vacated by the pope , who conferred the bishoprick by provision on john de cheyham , whom he consecrated ; king h. . his letters at the popes request , to the king and queen of scots , and whole council of scotland , to restore his temporalties without opposition , though they might justly withstand it , p. , . h. he●bip●l●nsis bishop , p. . l. laudensis bishop , p. . lexovi bishoprick , bishops ; king johns memorable writ to the dean and chapter , shewing his and his ancestors antient prerogative , that no bishop ought to be elected there , or in any other of his cathedrals , but by his special license to elect , and confirmation after the election ; his admiring their presumption in electing a bishop without it ; appeals against it to preserve his right , p. , . limovicensis bishop , at the kings request , by the popes command , excommunicates hugh de lizimaco earl of march and his wife , interdicts his lands , for seising and besieging king h. . his castles , and other things against his oath , p. , . proctors constituted concerning a difference between the king and him in the french kings court , . lingonensis bishoprick , p. . lucanensis bishoprick , p . lugdunensis archbishop , p. , , , . m. messanensis archbishop , the popes agent , p. , , , , , . mons regalis bishoprick , p. , , . mutinensis bishop , p. , . n. narbonensis archbishop , p ▪ ▪ navariensis bishop , p. . nico●ien●is bishop , p. . p. panormitensis archbishop , p. , , , , , . parisiensis bishop , p. . parmensis bishop , p. . patracensis archbishop ; stephen his oration to pope leo . in the council of lateran , concerning constantines donation , and the popes superlative power above all powers in heaven and earth , p. , . petrinensis archbishop , p. . pictavensis ▪ bishop , . pranestensis bishop , p. , , , . prumensis bishop , p. . r. reginensis bishop , p. . rhemensis archbishop , p , . rothomagensis archbishops ; summoned by the popes legate to the council of biturica , p. . petrus de colle medio , elected archbishop by the dean and chapter of rhoan ; king h. . for his fidelity and special friendship to him , gave his royal assent thereto ; being confirmed by the pope , he petitioned he might swear fealty to the king by his proctor on his soul in his behalf ; which the king granting , ordered the restitution of his temporalties in england to his proctor , p. , . bestows rich presents on pope innocent . whereby he brought his church much in debt , , . the pope makes him a cardinal in the council of lyons for his presents , ibid. odo abbot of st. denis , an english man , ( who presented the pope with many thousand pounds exacted out of england ) ambitiously affecting to succeed him , was made archbishop by the popes provision , yet dyed soon after by divine retaliation for it , p. , , . one of the popes agents to publish , execute his excommunication against the emperor frederick ; ibid. the king seised his temporalties for not coming into england to swear fealty after his creation ; upon which he constituted a proctor to make it in his stead , desiring the king to accept thereof , p. . his successor a freer and french man , came personally into england , swore fealty to the king , prayed and received restitution of his temporalties , and returned , . the kings patent , command to him , and all bishops , ministers , religious persons under him , to keep an anniversary for the soul of his mother queen isabel in their ma●ty●ology , , . the archbishop in case of difference , made , joyned a commissioner with others , to settle the differences between king h. . and his barons , p. . s. sabinensis bishop , p. . sagiensis bishop ; the canons present the names of four persons to king john , petitioning him for one of them , who by advice of his council elected herbert fitz ralph as fittest , commanding him to be consecrated and obeyed as bishop , p. . sardis bishop , p. . senonensis archbishop , p. , , . silvanectenis bishop , p. . squilatensis bishoprick , p. . t. taretacensis archbishop ; a principal proctor , agent for king h. . in the businesse of apulia and sicily , p. , to , , , , . thuronensis archbishop , p. . tyrus archbishop , p. . v. vacatensis bishop , p. . vercellensis bishop , p. . w. wormes bishop , p. . x. xancton bishop ; king h. . his letter to the pope , to command him to excommunicate h. de leximaco son of the earl of march , unlesse he restored his sister and castles upon the popes mandate , p. . his letter for that purpose to him , . index . of english , irish , other archdeaconries , dianeries , chapters , canons , archdeacons , deans , mentioned in generall or particular in this to●e . archdeacons , deans ; their officials and apparators to exact no fees , tallages , procurations from priests , clerks ; nor money for institutions , inductions , instalments into prebendaries or benefices , p. , . present at st. albans at a great assembly about a divorce , . under bishops , know the values of benefices better then they , . day given them to appear with the bishops to return answer to the popes legate , concerning the tax demanded by him , , . all archdeacons of bishops , or monasteries exempt , and their officials throughout all diocesses , summoned to appear before the popes nuncio about the redemption of vows for the crosse , , . claimed the custody of churches during their vacancy , appendix p. , . used to collect dismes , , , , . a. sr. albans archdeacons , p. , , , , . b. baion , rich. de clemangiis , p. . bedeford , john , p. , . b●l●ghatensis in ireland , florentius , p. . berks , walterus scamell , p. , . br●cun in wales , gilardus , p. , to . c. canterbury ; henry de stanford , everardus his official excommunicates the monks of canterbury for then ●o●ce in the church of faver sham ; with the abbot , all their clerks of churches , tenants , parishionere , familiars , after their appeal to the pope ; complaints , appeals concerning it , appendix p. , to . breaks the altars , burns the palls in the church of faver sham , wherein the monks had celebrated after their excommunication , appendix p. . simon langeton , chancellor to king lewes whiles in england , . made archdeacon by his brother archbishop stephen ; his sawey answer to king john touching his brothers restitution , . acts against the king , kingdom ; joynes with lewes the french king , appeals against the legates excommunication of him ; excepted out of the pacification between king h. . and lewes ; banished , petitions the pope for his return into england , upon his brothers engagement not to act any thing against the king or kingdoms peace ; a firebrand , mover of sedition in england and france ; his election to the archbishoprick of york , nulled by the king , pope ; the kings license to elect , prohibiting his election ; causeth the pope to null ralphs election to canterbury , for his fidelity to the king , kingdom ; opposed boniface his visitation , and kings letters ; his death , p. , , , , , , , , , , , , , , , . e. a writ of prohibition against his building a church of canons at m●ydeneston , to the disinherison and prejudice of the crown , , . a writ to certifie the number , value of all benefices , provisions to aliens within the diocesse , and by whom granted , . to cause prayers to be made for the king queen , his prosperous successe in his voyage , and safe return , throughout his archdeaconry , . stephen , his account of the dismes of canterbury diocesse , cleveland , ●● to pay money to the popes agent out of the dismes collected by him , p. . co●ecestre , fulco lovel , his account of dismes , p. . coventre , p. . ● . a prohibition to him , . ●illus de ki●keny , one of the custodes regni , . d. derby , his petition for clerks imprisoned to be delivered to him , a wr●t to the she●●f● thereupon , p. . dublin ireland , gide tur●evil , p. , . dume ireland , p. . e. ebor th● lud●am , p , . ireland● p . e●y , nicholas , a commission to him to appeal for the king , p . the kings chancellor , , . essex , theobald , his tenants amerced , p. . f. finabarun ireland , p. , , . g. glocester , a prohibition to him not to compell any by ecclesiastical censures , or the popes nuncio's precept , to contribute to the pope , p. . h. her●ford , ●illiam , excommunicated , interdicted by the pope , for o● , osing king john , p. his account of the dismes of the diocess● , p ● , huntingdon , w. d● c●ahull , the sequestration● of all abbots , clerks , &c. in lincoln dioces●● , who obeyed th● popes interdict , committed to him by king john , p. . sent to meet the exiled bishops upon their return , . a prohibition to exact a disme from a clerk ● sent by bishop grosthead●n ●n o wals to admon●● king h. to correct his excesses , . roger de r●●cky●●●● , compounds with king h. . for all the dismes of lincoln diocesse , , . l. legr . leycester , sent to reprove the king by bishop grosthead , p. . lethlin ireland , w. p. . lincoln , his injurious proceedings and excommunication against the abbot and monks of st. august●●●s canterbury ; contests , suits , appeals thereon , , . william lupus , an attachment against him for proceeding contrary to a prohibition , . excommunicated by archbishop boniface , appeals against him to his ●ace , goes in person to rome , oppressed by his power till his death , none daring to favour or protect him , , . lions , guido , p. . london peter , excommunicated by the archbishop , his appeal against it , p. . m. middlesex , p. . n. norsolk , nicholaus de plumpton , p. . northampton , a writ not to prejudice the archbishoprick of york , p. . northumberland , r. de marisco , recommended by king john to be elected bishop of winton , rejected by the monks , , . complaints and a prohibition against him for vexing the inhabitants of new castle upon tyne , and citing them to remote parts , to take oaths , and answer articles , , . norwich , ganfridus de burgo , apprehended , imprisoned , put to death with a cap of lead by king john , for deserting his service , court , upon his excommunication by the pope , and using words to others to desert him , , . johannes florentius , popes agent , forced to fly to escape apprehension , . simon normannus , keeper of the great seal , deprived of it , his pluralities , and archdeaconry by the pope , . slanders the english as traytors , ibid. nottingham , w. recommended to the chapter of york by writs for their dean , p. . o. oxon ; a writ to him to publish in places convenient , that the schollars which fled thence for assaulting the popes legate , might safely return , p. . a prohibition to him against suits for legacies and goods belonging to the kings chapple of sti●●feld , . a prohibition against his exacting procurations from the church of st. crosse , . a prohibition to him against an inquisition to the prejudice of the kings crown and prerogative , . richard de mepham , a commission to him and others to sequester and secure the goods of alien and non-resident clerks , and recover those distracted during the troubles , by common consent of the king and barons , . gualther map●s , his verses against the popes and court of romes bribery and corruptions , p. , . r. richmond , honorius , the kings protection and popes letter for him against the archbishop of york's oppression● , p. , . a delegate to the romish cardinals in case of a provision , . churches therein , . opposed the kings right , to promote the popes provision , to the prejudice of the crown , . roffen , rochester , the kings proctor , . s. salop , petrus de radenour , made an impropriation during the vacancy of the bishoprick by fraud , which the king nulled , p. . stafford , a prohibition to him not to proceed in a cause against the kings clerk touching st. michaels church in coventry , p. . sud●u●y , al●nus de becles , more peremptorily denyed the popes legates exactions then any other , . constantinus , an auditor for the account of the dismes , . su●folke , richard de langedon , a writ to him not to reveal the kings ▪ counsil to any person , touching a dispensation to marry , p. . surrey , l. a writ to exempt him from paying dismes , p. . a writ to him faithfully to preserve the rights of the crown , . w. waterford , ireland , p. . wells , simon , a grand contest between him and the abbot and monks of st. augustines , touching the church of feversham , to which king john presented him , appendix p. , to . hugo the kings chancellor , made bishop of lincoln , p. . westminster , richardus de crokesd●le , skilfull in the law , elected abbot of westminster , p. . winton , h. a writ to exempt him from dismes , p. . a writ to him to maintain the rights of the crown , against the bishops invasion of them , p. . a writ to him presently to depart the realm by the king and counsils order , . a prohibition to him not to implead any of the kings clerks out of england , p. . wygorniensis , william elected bishop of durham by the monks , but refused by the king , p. . one of the arbitrators to end the controversie between the bishop of lincoln and his dean and chapter , p. . x. xa●cton , p. . deans , chapters , and canons . a. altissiodorensis dean ; a prohibition to him as popes delegate , not to proceed in a cause between the prior of ●anton and archbishop of ardmach , p. . artferten , ireland , p. , , . see artferten bishops . st. asaph , wales , their charter of acknowledgement under hands and seal , that upon every avoydance of the bishoprick , they ought humbly to petition the king and his heirs for a license to elect a new bishop , and after the election made , to require their royal assent thereto , p. , . b. belvacensis , excommunicated all who spoke against the popes grant of first ▪ fruits to boniface , p. . c. carantoke , cornwall ; a prohibition to the sheriff of cornwall to hinder a provisor to be put into it by provision from the pope , belonging to the kings presentation in right of his crown , by the vacancy of the bishoprick of exon , p. . clon in ireland , p. . see bishops of clon . e. elfin in ireland , p. . see elfin bishops . e●or , william specially recommended , p. . fulco elected bishop of london , p. . the dean a cardinals delegate touching a provision , p. . a writ to the sheriff to permit them to enjoy all their liberties , granted , enjoyed by former charters , without prejudice to the kings rights , , . their lands seised into the kings hands , by reason of a difference with the city of york , restored by writ , . a prohibition to them for usurping upon the jurisdiction of the city in several particulars , , . jordan , thrust into it by a papal provision , secretly installed , vexeth archbishop sewall , caused the pope to excommunicate him for opposing him , . . a writ to the dean and chapter to admit john m●unsell to the treasurership of yorke , in the kings gift by vacancy , or upon their refusal , others authorized to admit him , , . godfrey de kym●ton dean elected archbishop , . william de langeton elected archbishop , his election nulled , . william de rothe●field dean , . f. f●●abarun , ireland , p. , , . h. he eford : his account of the dismes thereof , p. . k ▪ st . kaniti● , kilkenny ireland , p. . l. lichefeld ; their election of their bishop with the monks of coventry joyntly , or by turnes , differences about elections , p. , , , , . lincolne ; differences , suits , appeals between grosshead the bishop , the dean and canons , about his visitation of them ▪ , , , , , , . roger de w●s●ham dean elected bishop of coventre ; the bshop seiseth on the church of a●le●hury , endeavouring to s●ver it perpetually from the deanery , p . the popes sentence against the dean and chapter that the bishop should visit them without procurations , p. , , , henry de lixinton dean elected bishop , p. . their petition to the king for enlarging the cathedral to the walls of the city , a quod damnum thereupon , . the dean assigned to collect the dis●● of lincoln diocesse , , , . m. st . martins london : l. capell dean , p. . the kings free chapel exempt from episcopal visitation , jurisdiction ; a prohibition for them , . and against the popes provision to a prebenda●● in it , p. . claim the amercements of their tenants in all places , p. ▪ the kings protection to them , . h. wengham dean thereof made bishop of london , held it in commenda , , . william de chanent dean , kings proctor at rome , ● . mont. st. andrew in savoy , . o. ossarten ; collector of the dismes in ireland , ▪ p. st . patric dublin : f. de chaddeworth dean , deputed to collect the disms in ireland , . pauls london : hugo de pateshull chancellor of london elected bishop of coventree , p ▪ . a prohibition to them to install a prebend by the popes provision during the sees vacancy , against the kings prerogative , to whom it belonged , . a writ to the sheriffs of london to seise all their beasts , chattels , p . henry the dean a 〈◊〉 . canons excommunicated by archbp boniface , appeal to rome , , , . their excommunication nulled by the popes bull , , , , . he visited the canons at last with moderation , . the dean sent to rome by all the clergy to oppose the popes legates demands , . walter made archbishop of tuam , , . a prohibition to them to hold plea of goods and chattels not of testament or marriage , . s. sarum ; pope alexanders bull of thanks for a prebendary bestowed on his nephew , and reservation of it by way of provision , . compound for the disms thereof , . suwer● , suthwerk , dean , pronounced an excommunication by the archbishop null , p. . . t. tottenhall deanery in coventry and litchfield diocesse , , . tuum ; a license to elect a bishop granted them upon petition , p. . w. waterford ireland ▪ philip made bishop of it , p. . a license to elect granted them upon petition , , . w●l●s , johannes saracenus : a prohibition to him as popes delegate , not to draw a clerk in suit out of the realm , p. . the popes chaplain , delegate for the collection of dismes , and redemption of vows , granted by the pope to richard earl of cornwall , . a prohibition to him to grant a pre●end by the popes provision belonging to the king , . an inhibition to him not to meddle with the goods of the bishop of ely deceased , . their certificat of the bishops election to the archbishop , . edward de la cu●ll ▪ dean sent to the king and queen of france ▪ , . the dean and chapter compound for the disms of the bishoprick granted to the king , for a fine , , ● . w●lverhampton ; the kings free chapel exempt from episcopal jurisdiction , giles de erdington dean p. . index . english , and o her earls , dukes , nobles ; matters done by , or relating to them : with a brief quotation sometimes only of the pages where to find them . a albemarle , earl william besieged , fortified , detained the kings castles against him excommunicated : all prohibiten to affist him , . joyns in a letter to the pope & card nals against their exactions , , , . prohibited to assist the bishop of 〈◊〉 , or archbishop of cant , in their quarrel against each other , p . subscribes the letter to the pope in the name of the commonalty of england , . and gav●e , an arbitrator between h. . and his barons , p. ● . angul●●me , confederates with other french earls , nobles against the popes , prelates usurpations on their liberties ; and exetavagant censures , , . arundle ●illiam , subscribed king johes charter , writes to the exiled bishops , is his surety to them , . , , , , , , , faithfull to the king hath a sentence at rome , and dammages against archbishop edmund , . atribacensis earl , . atteranensis earl ; his epistle to the emperor of pope gregory the . his treacheries against him , . b. b●v●●ia ( duke : ) a devoted friend to the church of rome , , bononiae , bullen , reginaldus , a witnesse to k. johns charter of resignation , joynes in a letter for the exiled bishops return , p. , , , . britain , his injuries to king h. . p. , , joyned in confederacy against the pope and bishops usurpations , with other nobles of france , . burgoine , confederates with others against the popes and french bishops usurpations , . c. chester , cestriae : ranulphus , subscribes king johns letters , and is his security for the ex●led bishops sa●e return , subscribes his charter to the pope , and archbishop langeton , p. , , , , , , . the archbishop threatens to excommunicate him if he surrendred not the kings castles . manors to him , which he doth thereupon , , . s●outly opposeth the popes vsurpations , texes , pe●s●ades the king to countermand his precept to the 〈◊〉 forcibly to take hubert de burgo out of sanctuary , . . is present in the parliament at merton , and vote concerning bastardy , . clare r. excommunicated by the pope , p. , . g●●hert dyes , his casiles , wardship , contests for it between the king and archbishop langeton , , . cornwall and po●ctou , p●ctaviae ; richard , a witnesse to the contract between the emperor and isabella his neece , . . present in the par● ▪ at merton , and vote concerning bastardy , . king henry ruled much by his counsil , . sets his seal to a letter to the pope , that his legats stay was for the profit of the king , kingdom and church of england , joynes with the nobility against the legate for his exactions , , . the popes answers to his and their complaints , , . swears a voyage to the holy land at the high altar with many others , yet prohibited to proceed when on his voyage thither , , . the emperors letters to him concerning his excommunication , p. , , . takes his leave of england for the holy land ; begins his journey towards it , . vowes dispensed with for mony towards his voyage as was pretended , , . joynes with the other nobles in a letter against the popes exactions , threatning to cast off their subjection to him if not redressed , , . te●rifies king h. with his threats from persisting in his resolution manfully to oppose the pope , , who grants him a croysado and dismes for his voyage to the holy land , , , , , , . present at st. edwards feast in honor of christs blood , . present in parliament , joynes with others in reprehending the king for his misgovernment , , . the king respites the seising the bishop of worcesters temporalties for suing against his prohibitions at his request , . extraordinary rich : the pope offers him the realm of sicily , which he refuseth , being only to exhaust his treasure , , . excepted out of archbishop boniface his general excommunication , , . present in parliament at the general excommunication of the infringers of the churches liberties and great charter , . guardian of the realm with queen elianor in king h. . his absence , , to refuseth sicily ; or to lend the king or edmund monies to gain it the popes letters for that purpose , ● . the jewes sold to him by king h. . append. . elected emperor , and why , app. , . d. derby , vvilliam de fer●ariis , . e. essex , galfridus , geoffry fitz-peter , . chief justice . see more index . chief justices of england g. de mandevil , earl of glocester and essex , , . h. de bohun earl of hereford and essex , , . f. flanders philip , refused to invade england , p. . ferrers , de ferrariis ●illiam , . matters relating to him , , , , , , , , , , , . g. glocester , g. de mandeville , p. . gilbert de clare his actions , , , , . richard de clare his actions for and against the king , , , , , , , , , , , , , . h. hassia and turing lantgrave , henry elected emperor by the popes means in opposition to frederick . slain , , . heresord , humsry de bohun marshal excommunicated , p. , . his acts , and matters concerning him , , , , , , , , . holland william , set up and chosen emperor against the emperor frederick the . by the pope , routed , slain , and his whole army defeated , appendix . k. kancia , kent : hubert de burgo , his negotiations , troubles , acts ; p. , , , , . see chief justices . l. leycester , r p. . simon de montefort , monfort ; , . gave ill counsell to king h. . against the publick , . guarded the popes legate with his arms to the council at pauls , . goes with a vast summe of mony to rome thereby to prevent a divorce from his unlawfull mariage , against his wives vow of virginity made before the archbishop , which the pope confirmed , , . yet being checked for it by the king he departs the court with infamy , goes beyond sea with his wife , ibid. sollicits the prelates , abbots , priors , clergy to grant an ayde to the king at his and the popes request by letters to them , which they deny , . joynes with the other nobles in a letter against popes extortions , innovations , oppressions of the church of england , , . joynes with the bishops and other lords in a sharp reprehension of the king in a parliament which dissolved in discontents and denial of an ayde , , . appointed an ambassador to the pope with others about the priviledge sent k. h. . for the kingdom of sicily thereby given him , . several writs , letters , procurations concerning that his imployment , , to . called by william de valentia , an old traytor in parliament before the king and nobles . his indignation , reply thereto , . he and other nobles confederate together , come with horse and arms to the parliament at oxford , force the poictovins to deliver up the castles they had got possession of under pain of losing their heads , and to depart the realm , , , , . letters by his and other nobles advice to the pope concerning sicily , , to reputed to be crowned with martyrdom , . his precepts during the wars net to pillage or rob churches or churchyards ineffectuall , , . he joyns in the instrument of submitting the articles of oxon , and other differences between king henry and his barons to the king of france , popes legat , and others , , . his presentation under the great seal to the treasurership of yorke during the kings imprisonment under him revoked after his enlargement , . a writ to excommunicate the welshmen , earl of g●ocester , and other opposites to him , procured and signed by him in the kings name , , . absolved from his sinnes , encouraged by some bishops in all his wars against the king ; slain in rebellion ; the tempest at his death , , . lincolne , john ; matters concerning him , p. , , . m. mandevill , , . see essex . march ; henry de lizimaco , matters concerning him , p. , , , hugo de brune , p. . melun viscont , his confession of lewes his intention to banish the english barons who elected and made him king , as traytors , when he conquered king john , . n. norfolke and suffolke , roger b●god , and hugh de b●god , acts concerning them , p. , , , . , , , , , , , . o oxon : albericus de veer , p. , . r. de veer , . , , . matters concerning them , ibid. p. st . paul , pol : against the pope , p. . pembroc , william marescallus , his teste to k. h. . his write charters ; letters , oath to the exiled bishops , p. , , , , , , ● , , . the kings writ to him concerning the release of the interdict , , appeals by him against the disturbets of the kingdomes peace , . sets up , crowns , assists h. . after k. johns death , , , , . richard earl marshall , certain bishops accused by the king in parliament of overmuch familiarity with him , . bishops sent to treat a peace between the king and him ; . gilbert , swears to maintain the contract of marriage between king h. . and the emperor , . present in the parliament of merton , and lords resolution not to alter the law of bastardy , . went armed to the council at pauls to guard otto the popes legat , . takes up the crosse , and vowes to go to the holy land with earl richard , . a writ to him , not to intermeddle in the quarrel between archbishop boniface , and the bishop of winton , . perron confederates against the popes and prelates usurpations , extravagances , . poictou : taken prisoner by the saracens , . provence : king h. . maries his daughter , . is taken prisoner by the saracens , . p. rainoldus , a forraign earl , . richmond , peter of britain . of savoy , p. . rogerus , a forraign eatl , . s. sabaudia , savoy ; . thomas , imprisoned , , . sarum , salisbury ; william , his actions , p. , , , , , . swartzemburge , . t. tholose : reymund , the pope and his legates interdict , excommunicate , and grant a croysado against him , though an orthodox christian , for favouring the albigenses , refusing to abjure the earldom for him and his heirs , and become the popes vassals like king john. p. , , , . w. warren : william , matters concerning him , p. , , , , , , , , , , . john , . warwick : h. . f. . john de placeto : , . winton : s. acts , matters concerning him , p. , , , , , , . r. , . index . of the names of the chancellors , and other great officers of state of england and ireland : with their particular actions . castellan of dover , richard de gray , p. . chancellors and keepers of the great seal of england ; hubert archbishop of canterbury , p. . see archbishops . hugh archdeacon of wells , . walter de gray , , . richard de marisco , , , , , . simon langeton chancellor to king lewes whiles in england , . ralph de nevil bishop of chichester , , , removed why , , ● , . geoffrya templar , and john de lexinton , . hugh de pateshull , . simon norman , . henry de wengham , , , , , . nicholas archdeacon of ely , , . godsry gifford , . most of these were recommended to bishopricks , or made bishops by our kings ; ( some of them with much opposition ) after they were chancellors , ibid. chancellors of ireland , rolph de norwico , p. . chancellor of the exchequer in ireland , p. . constable of chester , j. p. . constable of dover castle , , . escheator of ireland , william de bakepuz , p. , , , , , , , chief justices of england , prohibitions , writs issued by , with their testes ; other acts by them . galfridus , or geoffry fitz peter , earl of essex , , , , , , , , , , , , , , , . appendix , p. , , . peter bishop of winton , , . hubert de burgo earl of kent , his actions as chief justice , teste to writs , flight , troubles , pulling out , restoring to sanctuary , reconciliation to the king , &c. , , , to . , , , , , . hugo de bigod , p. , , , , , , , . hugo le dispenser , , , . chief justices in ireland ; writs , mandates directed to them concerning ecclesiastical and civil affairs of several kinds , the declaration , execution of lawes , justice , collection of disies , &c : see archbishops , bishops , and archdeacons , deans of ireland . g. de marisco , , , , . archbishop of dublin , p. , ● . richard de burgh , , , . m. fitzgerold , , , , , . , , , , , , . john fitz-geoffry , , , , , , , , , , , , , , , , . alanus le zouche , . stephen longespe , , , . the bishops , clergies complaints to the king , pope , against the oppressions , imprisonments , proceedings , prohibitions of the justices of ireland ; against them , their clerks , tenants , with writs , bulls concerning them , , , , , . inferior justices in england . john fitz-hugh p. . simon de pateshull , . philip de uletot , appendix . henry de braibroc , , , . martin de pateshull , , . henry de bathonia , , , , , , . roger de thurkeby , . gilbertus de preston , . henry de bracton ; with his treatise of the kings prerogative and prohibitions , , to . see index . thomas trivet , . gardians of the realm in the kings absence beyond the seas ; geoffry fitz peter earl of essex , chief justice , and peter bishop of winton , p. . appendix , , . writs with their teste , b . vvilliam archbishop of yorke ; the bishop of carlisle and w. de cantilupo , , , to . the queen , richard earl of cornwall , , , to . writs with their teste , ibid. marshals of england ; william earl of pembroc marescallus , p. , &c. see earls of pembroc . john mareschallus , . richard , . john . roger bigod , , , , , . william de bonquer , . protoforester of england , hugo de nevil , . seneschalls , stewards of england , william de cantelupo , , . aimericus de s. amando , . simon de montefort , earl of leycestre , . seneschal of gascoigne , henry de troublevill , p. . treasurers of england . hugo de pateshull , p. . robertus passeleve , . william de haverbulle , . philip de luvell , vudel . , , , . . . vvardens of the cinque ports , writs to , acts by them : vvilliam de vvortham , p. . bertramus de cryoyle , . roger de cobham , . index . of names , sirnames of barons , privy counsellers , knights , embassadors , proctors for the king at rome , officials , lawyers , clerks , monks , other persons of our own or other nations not comprised in the former indexes ; with most of their qualities , actions . a. de abendune william , a learned monk , censures the popes confirmation of a mariage against vowed chastity , for money , as illegal , p. . de st. agatha , a clerk , . agoilun robert , miles ; the bishop of winchesters servant , excommunicated , . de st. albano , albino , st. albon , st. albine henry ; a chaplain , . michael a clerk of oxford , . nicholas a monk , their proctor at rome , , . william kings proctor at rome , , . de albamara robert , commissioner for the exiled bishops dammages , . de albaniaco philip , a baron , agent for king h. . , , , . robert , commissioner for the bishops dammages , . albertus , popes notary , . de albin philip , a person of quality imployed in lady isabels contract of marriage with the emperor , , , . de albineto william , a baron , he and his son excommunicated by the pope for taking arms against king john , . de aldermanbury gervas his case , . aldebrandi , . ildebrando , . aldethely james , . alexander william , a lawyer , excommunicated for opposing king john , . alienora , queen to h. . one of the gardians of the realm in his absence , , . the dismes of ireland assigned to her for a debt , , . alienora , king h. . his sister , married to simon montefort against her vow , , , , . mr. altho the legates register , p. . st. amand aimericus , a baron , mentioned in the marriage agreement with the emperor , , . present in the parliament of merton , and vote for bastardy against the canons , . amblion john ; kings proctor at rome , . de amendalia jacob , . st. amur william , kings proctor at rome , . de andre james , a baron , subscribing a letter to the pope with others against his exactions , . roger , a commissioner for the bishops dammages , . de st. andrew william , brought letters of the popes releasing the interdict to king john , . angermund william , . anselmus , a romish agent , , . de arches peter , the popes provisor , . de arden ralph , custos of the temporalties , archishoprick of cant. ● . william commissioner for the bishops damages , . de argentine , de argento his teste to a writ as a privy counsellor , , , . r. a baron in the parliament of merton . mr. attee a clerk , . de aly , attie gerardus , one of king johns counsellers , adherents against the pope and bishops , . ingelardus his nephew the like , ib. william miles , sent by king john to the pope to congratulate his election , . de avenir william , a plundered clerk , . auketill , anketill robert , kings proctor at rome , , . aumbly geoffry , commissioner for the bishops dammages , . aundely walter , the like commissioner , . arthur , king johns nephew ; reported to be slain by him : he condemned for it , , , . b. de bacon robert , an oxford monk , , . de baillol , bailul ; bernardus , hugo , king johns counsellers , adherents against the pope , . engerim , an oxford clerk , . henry his manucaptor , ibid. eustace , jocelyn , john , abuse the bishop of duresme , imprison his servants , &c. , . bakepuse , bakepuz ralph ; commissioner to secure the citizens of norwich goods , . robert collector of disms . william , kings escheator in ireland . see index . ball philip , imployed in h. . his mariage treaty , . balianno de jocelino , . bardolf william , a baron in parliament , . barentin drogo , kings proctor at rome , . de baro robert , kings proctor at rome , protests against clauses in the popes bull to excommunicate the kings justices , officers in ireland at the bishops suggestions against them , , , , , . batatius , botatio a grecian , married the emperor fredericks daughter , an enemy to the church of rome , , . de barrywilliam , commissioner for the bishops dammages , . de barthona , barton robert , a clerk , . basset philip miles , an ambassador with others for the king , kingdom , to the council of lyons against king johns charter and popes grievances , , , . one of the kings counsil , . thomas , counsellor , adherent to king john against the pope , . de bassingham alexander : kings proctor at rome , . john one of king johns counsellers , adherents against the pope , . his sister , . bealuere matthew , an english baker , raised a sedition in rome and rescued their imprisoned senator , appendix . beaufiz william , clerk , . de beleshall john , kings proctor at rome , . de bell john , gardian of the temporalties of sarum . de bello campo beauchamp , eudo , commissioner for bishops dammages , . william , a baron , excommunicated by the pope for opposing king john , . popes letters prayed to him to assist the king , . sheriff of worcester , excommunicated by the bishop for executing the kings writ ; writs to absolve him and his officers , , , . miles . de berkele r. excommunicated for being against king john , . de berkeny ely , prince edwards clerk , . de berne adam , proctor for st. albans to the pope , . de berneval henry , clerk , exempted from di●ms , . de beverlaco william , prince edwards clerk , . de bezill matthew , . de bigod hugh : teste to a writ as one of the counsil , . de billesdona walter , a lawyer , . de blesciles adam , an arbitrator . blunden john ; commissioner to treat a peace with france , . gardian of the temporalties of norwich , . blundus ralph , appendix . boccius papae camerarius , . de bocking reginald , a physician ; imployed to rome for se albans , , . bockingfield adam , an imprisoned clerk , . bode , henry , john , . bonaventura . boncoque william , miles , a lawyer , . bonaccursius reinerus the popes merchant , . bonquer william miles , an agent , proctor from the king to the pope , , , , , , , . bonsignius bonifacius the popes merchant , . de botteler , butteler ralph , a clerk , , . thomas his case . de bourne henry , miles ; commissioner for spoyled clerks . boyvil herbert , tenant in capite of ferling manor , sells it for for his voyage to the holy land , . bradesord henry , a manucaptor , p. . de brainford andrew , . brancaleo elected senator of rome , imprisoned , rescued , expells the pope , cardinals , their adherents out of rome , contemnes their excommunications , humbles them so as to seek peace ; joynes with manfred against them , appendix p. . brandanus a turbulent monk , append. , to . de brandeston henry , collector of dismes , . de brantefeld elias , a monk sent to the pope by the king , . de branche peter , a most eloquent and pious man , the king and kingdomes nuncio to pope urban . his death , p. . de braund walter , william , of lincoln , . de brause william , a peer , his and his wives harsh answer to the souldiers of king john , demanding hostages for his fidelity , flight into ireland , imprisonment , death , , . de b●emiagth mylerus , miles , the kings officer in ireland , , . de brennes john , the popes general to seise the empire by force , whiles absent in the holy wars , , , , , . defeated by the emperor , ibid. de brent falcatius , seised , close imprisoned justice braybroc by force in bedford castle ; excommunicated , censured for it by the nobles and clergy in parliament ; the king refused to remit his sentence upon the popes solicitation , , . de briche walterus , a clerk , collector of dismes , , . b●●to ranulph , a clerk , . briver , bre●wer , bruer , brewer fulco , king johns counsellor , adherent against the pope , . robert , imployed in the emperors marriage . treaty , . william , a baron , prime counsellor to king john , his teste to writs ; actions , matters concerning him , , , , , , , , , , , , , , , , , . de bromich w. a baron in parliament , . le brun william , a clerk , . de brus peter , a nobleman , excommunicated for opposing king john , . claims retorns of writs in his wapentake , . buchard john , a clerk , . b●l●ock ralph , a priest , . de bulum john , the abbot of st. albans proctor to the council of lyons , . de burdegal peter , . de burgata robert , custos of temporalties , . de burgo , vurgh , benedict a monk , . hubert earl of kent , chief justice , see index , . john , a baron , . richard , chief justice in ireland , . index . walter , miks , kings officer in ireland , , . excommunicated by the pope upon the irish bishops complaint , ibid. de burnham philip , commissioner for bishops damages , . de burnvill robert , the like commissioner , . c. caboth● petrus , the popes clerk and legate , . de cadamo john , elected prior of winton , . de ●●saria john , . c●mb● rusechello , popes merchant , . de camberle●g peter , an arbitrator between king h. . and the barons , in absence of others , , . de camel theodorus , the kings clerk , licensed to have a plurality , , . de c●me●a osb●rae , appendix , , . de cameys ralph , his teste to a writ , as of the kings counsil , . de camezana john , the popes provision to him , suits concerning it , , , . the popes chaplain , his letter , , , . de camino biackmus , . de camino gugsinus , ● . de convill gerardus , sequestrator of the clerks livings in lincoln diocesse , who obeyed the popes interdict , . de cantelu , cantelupo fulco , custos of the temporalties of canterbury , . roger , kings proctor at rome to oppose encroachments on his royalties , , , , . william , . one of king job●s chief counsellors , adherents , . sent embassador with others to the council of lyons , against king johns charter and popes oppressions , , , , . subscribes the letter , patent of king john to the exiled bishops , with other nobles , as his sureties to make good the agreement concerning them , , . the kings steward , to be present and assent to elections of bishops and abbots , , , . he and his son william junior , barons in the parliament of merton , . a potent , eminent preson ; his son elected , consecrated bishop of worcester , . a writ to him and the bishop of carliste , to sequester the impropriations of the monks of bardenay , , . one of the guardians of the realm in the kings absence , ibid. , . sent by the king with others to the prelates and clergy , to induce them to assent to the popes grant of an ayd for the king , . miles , . de cantuar. robert , a clerk , . de capua peter , . de castro bernardi guido , an executor to the bishop of ely , , . cecily wife of elias fisher , . cementarius alexander , abbot of the benedictines , defends king john against the popes proceedings , advanced to many benefices by the king , deprived of all by the pope for his loyalty , forced to beg his bread at last , , , . his disputes , books against the pope , ibid. de cernton william , commissioner for the exiled bishops damages , . de cestreton adam , clerk , . de chaceport peter , clerk , exempted from the disme , . enabled to hold a plurality , . his teste to a patent , . a provision for l. in benefices for him by the year , . de chamleng robert , tenant in capite , the wardship of his heir and lands committed to arlot the popes nuncio's nephew , . de chaunent william , clerk , dean of st. martins , kings agent to the pope , , . de chisehull john , kings proctor to the pope , . de clapam william , . clarell john , the kings proctor at rome in several appeals , , . the king to defray his expenses , without which he would not go , , , , . clerk , clericus william , . de clifford roger , walter , letters to them from the pope desired by the king to assist and continue loyal to him , . walter , commissioner for the bishops damages , . william , a clerk , a writ to him to install the treasurer in york cathedral , upon the deans and prebends refusal , . sent to the popes legate to pawn the kings jewels , . clon cornelius , a knight , his vision of the name jesus in fleshy letters in the eucharist , . coit john , . de coleville william , and r. his son , excommunicated for opposing king john , . de commovill gilbert , the archbishop of rhoans proctor to swear his fealty to the king , , . de coquinato umbertus , . de corbolio d. king lewes proctor , . de cornubia , cornhelle henry , expels the monks of canterbury by force , by king johns command , . william , an archdeacon , . de cotton alfridus , his case , . john , miles , the kings officer in ireland , pressed to be excommunicated , , . de crancumbe , croucumbe godefridus , miles , the kings proctor in rome against an election , &c. , , , , , . de creft selmo , a clerk exempt from dismes , . de creke bartholmew , a precept to him not to alien any lands to religious persons , . de crekhale i. kings treasurer , . de crepping robert , guardian of the temporalties of rhoan , . crespyn theobald , held castles of the king , . de cressi r. and john his son , excommunicate for opposing king john , . de crioil , crioll bertram , sent with a prohibition to the popes delegates , . william , miles , commissioner for plundred clerks , . de croinden stephen , clerk , . de cr●k henry , clerk , a prohibition to him , . de croyland walterus , of lincoln , . de curcun robert , preached against the popes usurers , . curiall ● . baron in the parliament of merton , . de curtenay martil , a safe conduct to him , . curtin emericus , a clerk , . de cygainy eugelardus , his case , . d. dalemaigne henry , miles , an arbitrator between the king and barons in armes , . dandre roger , a prohibition to him , . de darbuton john , . david prince of wales , excommunicated , warred on , . his charter , oath to the king ; absolved from his oath and allegiance by the pope , , , . excommunicated for it , , . warred on , his country wasted for his treachery , ibid. his death , . de dedling william , . de dena aufridus , the kings proctor at rome , . de dereby hugo , clerk , . de derham elias , a canon , his death , . dernazati james , . dispensator hugh , a baron in the parliament at merton , , . de divisis william , a freer , . doget henry , appendix p. . dosset robert , a clerk , . de drouhedale william , an advocate , . de dungan ralph , the kings clerk , . de st. dunstan godefridus , collector of dismes , . de dya john , walter , the kings clerks , . e. de st. earmund hermite , william , a pictavin , excommunicated by the archbishop , . banished , . de st. edmund hugh , to publish the groysado , . de egga alba james , queens treasurer , . de erdington thomas , . de essingwold john , clerk , , . de estlegg thomas , commissioner for bishops damages , . de estoyland , clerk , . de estwode john , the bishop of rochesters surety , . de everdon silvester , clerk , . eustace , a monk , . de ewla w. . de exon. john , chancellor of york , . de eyvil john , custos pacis in york-shire , . f. de faite william , a canon of pauls , . de farnham nicholas , clerk , . de felda nicholas , his suit in ireland , . de la felle richard , . de fereby j. excommunicated for opposing king john , . de fering geoffry , official to the bishop of winton , . a prohibition to him not to disturbe the kings clerks , . de ferrariis william , a noble , . de ferun th. the archbishop of rhoans proctor to swear his fealty , . de feynes m. had lands in england and france , . finatus , the popes archdeacon , kings proctor at rome , , , , , . de finham nicholas , . fitz alan osburn , excommunicated for opposing king john , . fitz geoffry john , miles , of the kings counsil , , . sent with others embassidor to the council of lyo●s , against the popes grievances , and king johns charter , . sent to the bishops to prohibite them to act any thing against the kings crown , sent by the king to induce the prelates to assent to the popes grant of an ayd , , , , . fitz gerold warin , a baron , , maurice , miles , imployed in ireland , . one of the irish nobles , . bishops complaint against him , , . fitz griffin l. . fitz herebert peter , a baron , , , . king johns counsellor against the pope , . m a witnesse to king johns homage to the pope , . fitz hugh john , a judge , . r. a baron , in parliament at merton , . fitz john philip , excommunicated for opposing king john , . john , a baron , . fitz machute h. in parliament at merton , . fitz michael r in parliament at merton , . fitz nicholas ralph , miles , sent to admiralius , . to the council of lyons , . his other imployments , , , , , , . fitz ralph henry , assaults the bishop of durham , . fitz ranulf gilbert , a baron , , . fitz reimbert osburn , appendix p. . fitz robert ranulph , excommunicated for opposing king john , . fitz reger r. a person of honour , . fitz roscelin william , commissioner for the bishops damages , . fitz simons simon , . fitz walter robert , accused of treason against king john , flyes england , cleaves to the exiled bishops , restored with them , safe conduct , damages to him , , , , , . hated by the king , ibid. a witnesse to the kings charter to the archbishop , . excommunicated for opposing king john , . the popes letters to him to promote the kings affairs , . fitz warin ful●o , excommunicated for opposing king john , . sent by the king to warn martin to depart the realm , . flanders richard , a commissioner for the bishops damages , . le flemeng john , a clerk , . foliot jordan , a commissioner for the bishops damages , . de ford robert , kings proctor , . de forest philip , the bishop of wintons steward , excommunicated , . francis john , clerk in the exchequer , . de frenese stephen , kings proctor , . de frisney j. to promote the croysado in ireland , . de frissinon john , a collector of dismes , , , , . fulcon robert , a commissioner of inquiry , . de fuleburn stephen , a templar , . g. de gatesden john , a monk . gaucer william , a clerk , . de gaugi robert , king johns counsellor , adherent against the pope , . detains the kings castle of newarke till forced to surrender it , , . de gaunt gilbert , a baron , . henry , . maurite , excommunicated for opposing king john , . g●fred , a romish agent , . de st. ge●on richard , kings proctor at rome , . william , a clerk , . gissard osbert , excommunicated for opposing king john , . gradi barthelm●w , . de gloucester robert , a clerk , . william , the kings proctor , , . goimer william , mayor of london , imprisoned a canon , for which the city was interdicted , . de gray john , richard , take up the crosse , . captain of dover castle , , . de grenv●ll adam , sheriff of northampton , . de gr●ssy r. excommunicated for opposing king john , . griffin , imprisoned by his brother , . griffolino , , . grimbald peter , kings proctor at rome , . guido , kings nuntio , . guido imbertus , the kings proctor in france , . de guldeford thomas , custos of winton temporalties , . gumberti carlino , . de gunneis thomas , a messenger , . h. hales judge , refused to disinherit qu. mary , . de handlo nicholas , custos of the bishoprick of winton , , . hardel william , clerk , . kings proctor at rome , , . hardenton thomas , miles , sent embassador to murmelius , . to rome , . de hastencoat william , . de hastings henry , a baron , . de hattingell william , an official , . de hause william , a chaplain , . de haya william , a prohibition to him , . hayron jordan , a prohibition to him , . de helegey henry , . helias , a famous preaching freer against pope gregory . excommunicated by him , , . de hemingford john , kings proctor at rome , , , , to . de hepham william , . de la herce joha , the kings clerk , exempted from dismes , . herebert , a canon of st martins , . de st. hermet william , . de hertford elias , . de heuton joh● , agent at rome , . de highom ralph , a canon of sarum , . de hindel be●n●rd , an oxford clerk , . de ho h● popes delegate , . de hobrugge gervase , praecentor of pauls , appeals against lewes his excommunication , . excepted out of the treaty of peace , spoiled of all his benefices for obstinacy in adhering to lewes , and celebrating during the interdict , . de holden roger , sent to the council of lyons to excuse the abbot of st. albans absence , ● . de holdernesse roger , agent for sewal , . de holgate william , . de hortow william , st. albans proctor to rome , . de hotentost william , miles , an agent for sictly to the pope , . de howton robert , excommunicated , . hugh . a child crucified by the jews at lincoln , , . mr. hugo , appendix p. . de sancto victore , . de huntinfield william , a person of worth , . excommunicated for opposing king john , . de hurst william , . huscarl roger , commissioner for bishops damages , . i. de ieland adam , a prohibition to him and others , . de insula ( lisle ) brianus , of king johns counsil , . a writ to deliver clerks imprisoned issued to him , . a witnesse to king johns homage to the pope , . robert , . joan , king h. . his eldest sister , detained from him by h. de lexim . son of the earl of march , against his oath ; the pope , cardinals desired by letter to excommunicate him , if not restored upon admonition , , . jordan , a freer imprisoned , . isabella , king h. . his mother , her death , and anniversary prescribed by the king , , . isabella , king h. . his sister , married to the emperor , the treaty concerning it , and security for her portion , , to , . le j●nene william , . k. de karleol peter , an oxford clerk , . kellock alexander , burgesse of len , , . de kilkenny henry , executor to the bishop of ely , william , kings proctor sent to rome , , , , , . de kime simon , excommunicated for opposing king john , . de kinkenny odo , proctor for the dean and chapter of lincoln , . de kirk r. popes delegate , . de kirkby john , the kings clerk , exempted from dismes , . de kirkham walter , his plurality , . de kyneburl eustace , his case of excommunication , . l. de laffidel george , his case , . lambert peter , a clerk , , . lambinus , made bishop by symony , . lamot peter , clerk , . de langely geoffry , kings proctor at rome , , . de langeton john , . de lanvaley william , excommunicated for opposing king john , . de lastala canal , . de lavan rolland , popes merchant , . de lauda thomas , commissioner for bishops damages , . de legro simon , a monk , . lemovicen peter , , . de len adam , eustace , archbishop boniface his officials , , , , , . leodiensis thomas , kings agent at rome , . leolinus of wales , his rebellion , treachery , &c. , , , . leonardus , the clergies advocate against the popes exactions , . de leukenor nicholas , keeper of the wardrobe , . de lewes roger , a freer minor , preaching up the crosse , . de lexinton john , his teste to writs , . miles , his prohibition to the bishops in the kings name , . his proceedings against the jews of lincoln , , . de leyburne r. his teste to a writ , . de leycester ralph , the kings clerk , his case , , . leychesfind william , a collector , . de lezen . galfridus , guid● , the queens brothers , . de lezig . galfridus , guido , . limeth g. lewes proctor against king john , . de linchefelde w. a canon of st. pauls , . kings proctor to rome , . the popes grand promoter of the croysado , , to , , . de lincolana adam , excommunicated for opposing king john , . john , the kings proctor , . de lith john , a clerk , . de lizimaco galfridus , the popes bull to excommunicate him , , . de lockington roger kings proctor , . robert custos of canterbury temporalties , , . sent to admirallius by king john , , : his acts at st. albans , ibid. simon a priest , , . william the queens chaplain , . de longchamp henry , p. . de longotham paul ; the emperors messenger , . lovel henry , . vvilliam canon of rippon , . de lovetot roger , sheriff of not. & derby , . lucius tiberius , a roman , . de luci , lucy geoffry , king iohns counseller and adherent , . stephen kings proctor , agent at rome , , , , . william , . de ludelow robert , a baron in parliament , exceeds his commission , , . thomas , . lungespee nicholas ; a living to be provided for him , , stephen , king henries kinsman , a croysado granted him in ireland , , . lupus robert , ●ustos of the temporalties of winton , . luvel philip , a clerk , . treasurer , . roger kings proctor , , , , . m. malet w. excommunicated for being against king john , . de mandevilla geoffry ; a nobleman , . excommunicated for opposing king john , . robert and william excommunicated for the same cause , , . de mara blasius , kings proctor , . marcii hugotio , . de mare henry , his teste to a writ , . de marescis richard , . de marisco adam , a monk , popes delegate , . richard one of king johns counsellers against the pope , . robert official to the bishop of durham , . de mansell john , provost of beverly , treasurer of york , king h. . great counseller , writs subscribed by , for him , acts concerning , and complaints against him , , , , , , , , , , . , , . , , , , . , . , , , , , , , , , , . , . marescal john ; a baron in parliament , , . margaret tenant in capite , gives security not to marry , but by license , . wife to h. de burgo , . de st. martin godfry , a commissioner for bishops damages , . ralph . matilda , wife of william de brause , her harsh words to king johns officers , flight , imprisonment , death , , . de maula peter , one of king johns connsellors , assistants a-against the pope , . de mekillon john , . de melkele gervase , attachment against him , . robert , . mereduc fil . griffin , . de merton waleran , kings clerk and agent , , , , , . de messenden roger , kings clerk , . de middleton john , clerk of the chapel , . geoffry , append. de mildhall constantine , an official , . millers gilbert , promoter of the crosse , . de mohun richard , . de monasteriis walter , commissioner for bishops damages , . monke robert , a canon , . de monte acuto w. a baron , excommunicated for opposing k. john , . de monte begonis r. excommunicated , . de monte canisio william , a baron , . de monte causa hugh , his case . de montesort almericus , treasurer of york his case , . peter subscribes the noblemens letter against the popes innovations , as a baron , . de monte pessulano william a monk , voluntarily resigned his bishoprick to the pope , , . de monte visito j. lewes proctor at rome against king john , de montibus ralfe , clerk , a provision for him ; . de monmouth john , a clerk , his provision , . de montilis peter , a canon , . de montimer hugh , archbishop bonifaces official , his acts , , , , , . robert commissioner for bishops damages , . roger a baron , , . kings proctor and agent , , . of his couusil , . robert kings messenger , . de mounterant imbertus a messenger , . de mounfichet , munfichet richard , a baron , . excommunicated for opposing king john , . de mucegros robert , . de muletona lambertus miles , his priviledge not to be excommunicated , . roger , , . thomas , commissioner for bishops dammages , . excommunicated , . de mumbray , moubray william , excommunicated for opposing king john , . de mussengey r. a baron in the parliament of merton , . n. de nassord , kings proctor at rome , . de nevill robert , sheriff of york , . de newburgh ( novo burgo ) roger , a monk , . de new-market ( novo mercato ) adam , his teste to a writ . disinherited , . de niccoto vvilliam flies into france , . norisco robert , martins conductor , . de normanvil ralph , commissioner for bishops dammages , . norman simon , , . slanders the english as traytors , , . de norwich geoffry , imprisoned , tortured to death for treasonable words , acts , , . simon sequestred for the kings debts , . de norwod , northwood roger , , , . o. de ocra vvalter , the emperors nuncio , . an eloquent clerk , , . de oleia john , . olive richard his case , . oliverius the bishop of vvintons servant , . de orture peter , . de otinton henry , clerk of the wardrobe , . p. de palude , puddle guido , clerk , . pamson henry , . parcel henry clerk , . de parco galfrid , . de paris john , . de parker adam , . de parmniter thomas , . de passeleve robert , turns clerk , . simon , kings clerk , his fraud , , . de pateshull simon , commissioner for the bishops dammages , , . an eminent man , . de pausy , a baron in the parliament of merton , . de paxton roger , . payforer fulk , a commissioner of inquiry , . de pecche bartholmew , kings proctor at rome , . hugh commissioner to secure the goods of the citizens of norwich , . de penriis iterus , kings proctor , . de penton roger , a commissioner for bishops dammages , . de percy r. excommunicated as against king john , , geoffry , a commissioner for norwich riot , . de perdriz , g. an attachment against him . . de pet-pont robert , commissioner for bishops dammages , . de pevecestre stephen , constable of dover castle , . peverel guido , excommunicated , , . de peyteum gilbert , a judge , . picard john , excommunicated , , . pikot robert , commissioner for bishops dammages , . thomas , . de perecat william , to poll long-haired clerks , . plegele , plegilis , a priest , his prayer , christs personal presence in the eucharist in the form of a child ; berengarius his censure of him , , . de plessetis john , sent with a prohibition to the popes delegates , . william , kings clerk , provision for him , . with a prohibition to him , . de plexeto john , takes the crosse , . le pless . w. kings clerk , exempt from dismes , . de plumton nicholas , kings clerk , provision for him , . collector of dismes , , , , , . de plymton nicholas kings proctor , , . rustands vicegerent , , . de pointun alexander , excommunicated as against k. john , . de poterna james , commissioner for bishops dammages , . de poppia william , kings clerk , exempt from disms , . porretanus rogerus , an ambitious monk , his discourse with the abbot of st. albans , , . de powic , powik● william , kings advocate to the council of lions against king johns charter , and other grievances of the pope , , , , , . de preston gllbert , a judge . pruz walter , an astrologer , . q. de quency sacru● , hated by king john , . de st. quintino bonetus , kings proctor at rome , . r. de rad. henry , a clerk , . de rale walter , excommunicated for a riot , , . william canon of pauls , . reimundus , a monk much imployed by rich. . and king john to rome , and elsewhere ; king iohns apparition to him , , . de ribeford ralfe , a clerk , . de rissetesord william , commissioner for bishops dammages , . de rivallis peter , complained against , banished the court , , . de roches emericus , kings clerk , exempt from dismes , . de rockingham simon , commissioner for bishops dammages , . de rokeland adam , clerk , collector of dismes , . de rokely john , . de rogat john , . de sancto romano artaldus , presented to a living by the king , . popes notary , agent , , . de romandiola albinus , . de ropesse r. excommunicated as against king john , . de ros robert ; subscribes king johns homage to the pope , . excommunicated as against king john , . . & w. his sonne ibid. william , collector of dismes , . de roscelin william , commissioner for norwich bishops dammages , . de rotland , official of winton . rudham walter , clerk , a prohibition to him , . custos of the temporalties of karliol bishoprick , . rufus geoffry his charter of non obstanee , . de rupella , rochel , richard miles , kings escheator , . complained against with others to the pope by the irish clergy , , to . de rusillum guido , the kings clerk , exempt from dismes . a writ to have a plurality . thomas kings clerk , provision for him . de russinal peter , clerke , . de ramekinham roger. s. de sabaudia , savoy , alexander commissary to the bishop of hereford , . b. custos of the bishoprick of cicester , . peter , kings favourite , one of his embassadors to rome about the businesse of sicily , , , to , , , his insolency , . de salinus hugo , a provision for him , . salveterr● ruk . . de samkar laurence , . sampsons henry , collector of dismes , . de sancto martino laurentius a lawyer , kings proctor at rome , . sarracenus peter , kings proctor at rome , , , . a roman citizen , ib. popes agent taken prisoner and spoiled by the emperor , , , , . de savage peter , commissioner for bishops dammages , . robert the like , ib. savare vvilliam , . de say godfry , a baron , excommunicated , . william , a baron in parliament , de scudamore peter , commissioner for bishops dammages , . de scures roger , a like commissioner , . de secus henry , kings proctor at rome , , . , , , . segrave stephen , the kings counseller , promotes the popes disme to the full value of livings , . de sen. berardus , popes chaplain , agent , , . de sin●to vvilliam , . de serland g. custos of winton bishoprick , . st. john richard , a clerk . r. a baron of the kings counsil , . simonetti hugh , , . sinicius , , . de siton roger , the bishop of durhams vicegerent , : siward a monk , . de sobbur henry . de soler iohn , . de spyne , spina manieto , , mamecto . sorang thomas , . de sothindon robert kings clerk and rhetorician , , . de stagno vvilliam , . de stanford geoffry , a clerk , . de stanle henry , a commissioner to inquire , . streperant walter , ● . de stanevile nicholas , excommunicated for opposing king john , . de stiland john , kings clerk , . de stutevil nicholas , excommunicated for opposing king john , . william sheriff of yorkshire , . de styland s. popes chaplain , . de sudbury walter , collector of dismes , . de suffeld walter , a learned man of great birth , . de suesse thaddaeus , the emperors advocate , , , , , . de sukelinghall robert , treasurer of the new temple , . de suly walter commissioner for bishops dammages , . de summercote robert , kings proctor , . summery roger miles ; a sworn arbitrator to draw articles between h. . and the disinherited rebels in arms , at kenelworth , . de sunderness geofry , commissioner for bishops dammages , . de susa h. . de sutton alexander , excommunicated as against king iohn , . iohn . sward richard , takes up the crosse , . syleard , r. a baron in parliament , . de syngoy e. a baron in parliament , . t. le tanur drogo , . de taunton william , prior of winton , deprived , , , . theobaldus , a westminster monk , . de thiwing john , . de thorke roger , his teste to a writ , : tiberti carlino , . de tocto william , . de tony ralph , a baron in parliament , . his heir in ward to the king , . de totten robert , collector of dismes , . traversanus paulus , . de trickingham william excommunicated , . de trubelvil , tarbervill h. senes●hal of gascoign , . a great souldier , . takes up the crosse , . william , . de trussell roger , . tuinge , twing robert , miles ; captain of the plunderers of the roman , and other forreign priests , . his complaint , suit , journey to rome about a church , against the popes provisions , , , . de turri nicholas ; a commissioner to inquire of the jewes crucifying a child , . de thurkleby roger , a like commissioner , ibid. de twintona william , excommunicated for being against k. john , . v. de valentia bertardus , king clerk , exempt from disms , . william , a forraigner , queens kinsman , his preferments , insolency against the english , banishment , complaint at rome , , , to , , . de veleynes alexander , clerk of the chancery , . de valle bedonis richard , commissioner for bishops dammages , . de ver r. excommunicated as against king john , . henry kings proctor in an appeal , . de vescy e. excommunicated as against king john , . william , a writ to him , . de vertiers , clerk , a provision for him , . de veteri-ponte , vipont , old-bridge robert , yvo , king johns counsellors against the pope , . de villa nicholas , clerk , . de vinea petrus , the emperor fredericks advocate , agent , embassador , , , , , , . he traiterously poysoned him by the popes subornation , , . knocks out his own brains to avoid another death , ibid. de ulitotes philip , king johns counsellor , . a judge itinerant , append. p. . de vivon h. letters desired to him to adhere to the king , . de volta malachias , the popes provision for him , . de urnilla robert , a winton monk , . w. wakering peter , exempt from dismes , . william kings proctor at rome , . walter robert , a writ with his teste added to the kings , . walerand robert miles , commissioner by parliament to draw up dictum de kenelworth between king h. . and disinherited persons in arms , . john , robert , escheators of the bishoprick of ely committed to them , sequestred till they account , , , , . , , : . walteranus teutonicus , . wallen nicholas , kings messenger , . de wallibus oliver , excommunicated for opposing king john . de warre william commissioner for bishops dammages , . de wanci robert , a person of quality , . de welmesford william , . de wengham h. kings clerk , a provision from him , , . de wepsted richard , . de wer robert , a nobleman , . de wescham girardus , the bishops agent to the king , . de westmonasterio edmond , a writ to him to provide furniture and books for the kings chappel at windsor , . de westham roger , . de weston john , . wiger william , . de wigorn william , , . de wikeman robert , clerk , . de winton peter , clerk of the wardrobe , . imployed about the dismes , , to . richard , a clerk , . witham william , miles , . de witwell thomas , a monk , . de wulward g. clerk , kings agent , . wybertus de kantia , . de vvymundeham thomas , a prohibition to him , . y. de yating vvilliam , kings messenger , . z. le zouche alanus , miles ; a commissioner chosen , sworn in parliament to draw articles of peace between h. . and the disinherited persons in arms , . the names of convert jews sent to sundry monasteries , not here inserted , you may read at leisure , p. , to . index . alphabetical : of the popes of rome , their actions , intollerable antimonarchical vsurpations , tyrannies , treasons , rebellions , atheistical , irreligious bulls ; letters , nuncioes , avaritious practises , frauds , crimes , corruptions , extortions , transactions between them , our kings , prelates , nobles , kingdoms ; with other particulars conteined in this tome : which will make some considerable addition to platina , onuphrius , balaeus , dr. barnes , others who have writ the lives of popes . a. adrian , his priviledge to st. albans , appendix . his epistles , priviledges waived in papal obligations , . alexander . the lands of ambresbiry transferred to the nunnes of founteveroit upon his mandate , for the whoredom of the former ab●esse and nunns , by king h. . with advice of his bishops and nobles , p. . he decreed in the council of la●era● , children born before matrimony to be hereditable to their parents , if they maried afterwards , which the king , nobles of england contradicted , refusing to alter the law therein at the bishops importunity , , , , , . see bastardy , index . encouraged archbishop becket in his oppositions , treasons against king h. . avenged his death , canonized him as a saint , martyr for the church , . see becket index . he resigned his archbishoprick into his hands , as unlawfully received from the king by investiture ; receiving it canonically from him again in opposition to the king , append. . fled from rome into france , where the king received him . grieved not the french church , gave no benesice nor prebendary in it , , , . exempted clergymen from taking , or being enforced to take any oath , . his bulls , decrees for the monks of canterbury against the archbishop , proved to be forged , appendix , . alexander . his election ; his humble letters to all prelates to pray for him , that god would give him power , grace , to rule the church so , as to deserve to be called gods vicar , and peters successor : his hypocrisie , speedy apostacy from it , , . revived the warrs raised by his predecessor against the emperor fredericks party and mansred ; invests edmund k. h. d. his sonne by a ring in the kingdome of sicily , apulia , cheats him of vast summes of money upon this account , , &c. . , , to . , to , , ● . he followes the bishop of heresords device , to oblige all the bishops , abbots , priors of england to his vsurers in vast summes of money against their wills without their privities , pursued with fraud and violence , , , , , , , , , . sends rustand his legate into england , scotland , and ireland , to collect a disme to his and the kings use to carry on his warrs against manfred , , to . . see rustand , index . writes letters to richard earl of cornwall to lend monies toward it , who refused to do it , ● the english prelates durst not so much as mutter against him , , to . the great charter of king john , and for the freedom of elections sent to rome to be confirmed by him , which he refused to do , least he should displease the king , , . avoyded all his own and his predecessors bulls , priviledges , by clauses of non-obstante , ibid. . his bull to rustand to pay monyes to his merchants upon forged , forced obligations of bishops , abbots , priors , with their form , , , , &c. his letters to the king on beha●f of the cistercians to exempt them from paying the sum required , , . the king oppresseth them notwithstanding , ibid. his moderation of provisions upon the prelates and nobles complaints , , . his detestable hypocrisie discovered by his actions , which made the love of many towards him to wax cold , . his consolatory letters to the king , queen concerning the captivity of the duke of savoy by his subjects , . his bribery , injustice , corruption , . intrudes a dean into york by provision , fraud ; and vexed , excommunicated archbishop sewall for opposing it , , . , . confirms sewald archbishop of york whether the king would or not , , . his bull to confirm the intruded prior of winton by simony , against right , justice , , , . his bull to excommunicate the kings justices , sheriffs , bayliffs in ireland , upon the archbishop of tuams and his suffragans complaints against them and their proceedings , by imprisonments , indictment , prohibitions , to the oppression of the clergy , and invasion of the churches liberties , the kings proctors protestation at rome against these clauses , as prejudicial to the kings prerogative , , , . suits before his delegates in england superseded by the kings writs , , . his bull to reimburse the bishop of hereford the moneyes lent him upon his bon●● made to decoy the other bishops and abbots , , . his agents , clerks , merchants imployed in collecting , receiving the dismes granted . the kings embassadors , proctors , agents , letters , procurations to him concerning the dismes , the businesse of sicily , apulia , the intollerable , impossible exactions , conditions he imposed on him and his sonne , forcing them to take an oath to perform them , of which he desired respite , mitigation , yet could hardly or not at all obtain , , to . , to . , to . . his grant of the first years fruits of vacant benefices in ireland for . years to the archbp of tuam granted before to the king ; contests between him and the king concerning them , . the king proffers to quit sicily , so as he would repay the monies received for it , being unable to satisfie his vast summes demanded , , , , . his letters , proctors to him not to confirm the bishop of elyes and abbot of st. edmunds elections , whom he confirmed in despite of the king against his will , , , . his new statute , that all exempt abbots should repaire immediately to rome for confirmation and benediction after their elections ; to fill his own purse , exhaust theirs , . . his imperious provision to the abbot of st. albans , . archbishop sewals letters , speeches concerning his tyranny , vexations , corruption ; his deriding his wholsom advice , , . rustand recalled by , accused before him , , . the archbishop of messana sent as his legate into england , . his letter to king h. . concerning archbishop boniface his oppressions of the bishop of rochester , which he summoned him to answer before him at rome , , . he spoyles england of all its money by his taxes , exactions ; sends arlot to excoriate it , and mansuetus soon after , , , . the nobles opposition against them in parliament , lb. he cheated , circumvented the king by successive agents , . his blank bulls to berard de nympha to raise monies in england , . mediates a peace between france and england , to carry on his wars in sicily ; letters , procurations concerning it , , , . the parliament , nobles resolutions concerning sicily , and his unjust demands from the king , , , , , , . the kings letters to him to ratifie the nobles ordinances of oxford , to gain monies from them , . he secretly absolved the king from his oath to observe them , , , . he is scorned , contemned by manfred , who created archbishops , bishops in sicily without him , was obeyed as king by all , against his prohibition , for which he and his court at rome grew odious , despicable , . king h. . expostulates with him for cheating him in that affair , ibid. a notable epistle of the parliament , nobles of england to him , concerning the affairs of apulia and sicily ; their proceedings against the bishop of winchester , ( whose restitution they declared against ) and the kings oath to the provisions of oxford , , , , . his bull , of thanks to the dean and chapter of sarum , reserving the perpetual provision of a prebendary in that church , which they bestowed on his nephew , , . his bull to king henry for a pension for arlots nephew , , . some abbots resist the fraudulent obligations made in their names without their privity ; philip abbot of westminster refuseth to go to rome for his confirmation according to his decree , which would not be dispensed with but for vast sums of money , . he consecrates godfrey archbishop of york at rome , to his vast expence , , . the kings letters to him concerning john mansell , and the treasurership of york belonging to him , conferred by his provision on a cardinals nephew , which the king opposed as contrary to his antient right and prerogative , , , . the kings letters to the barons of dover and other ports , to search for all papal bulls or letters brought from him by italians , clerks , laymen , or others , prejudicial to him and his realm , to permit none to bring them into the realm , . not to suffer any to passe out of the realm to the court of rome , unlesse they first swore , not to request any thing there contrary to the popes ordinance made for sicily , or against the kings crown and dignity , . the strange forme of the kings obligations to his merchants , usurers for monies borrowed of them , and strange penalties in them if infringed , , . the kings letter to him to confirm the bishop of burdeaux , . the romans rose up against him , contemn his excommunication as exempted from it , ●orced him to fly from rome , to humble himself to them and brancaleo their senator , appendix p. . he cheats king h. . of infinite sums of money , yet expostulated with him for deceiving the church , threatned to interdict the realm , and excommunicate the king for it , who thereupon payd him marks to pacifie his anger , appendix p. , . his death , successor , . alexander . his approbation of the blasphemous book of st : francis his conformities , and christs wounds imprinted on him , p. . alexander approved , ratified bernardinus de busti his blasphemous book , entituled mariale , dedicated to him , p. . b. benedict . his confirmation of boniface his bull of fourscore and two thousand years pardon , for saying one prayer only at our saviours sepulchre in venice , p. . benedict . his approbation of the book of st. francis conformities and wounds , p. . boniface . his bull of eighty two thousand years pardon for every recital of a short prayer at christs sepulchre in venice , p. . a passage in his bull to king edw. . concerning his right to the crown of scotland , . c. calixtus . his bull of priviledge to st. albans appendix p. . coelestine . his bull to st. albans , and reservation therein of an annual rent of an ounce of gold from it , to the prejudice of the crown and kings prerogative , appendix p. , . coelestine . dyes within . dayes after his election , great schisms after it , p. , . clement . his priviledge granted to st. denis to be apostle over the western nations , by which the french pretended a right to elect a pope , p. . clement . endeavoured to break the elections of bishops by deans , chapters and covents , his endeavour to suppresse the barons and bishops rebellion against king h. . who slighted his bulls , excommunications , . the kings proctor , procurations sent to him for his and his kingdoms benefit , honour , . ottobon his legate sent into england , his proceedings against the bishops , barons , others in armes against the king ; draws articles of pacification between them , , to . his legates excommunications sl●ghed by them , , , . his memorable bull to ottobon his legate ; reciting all the rebellions against king h . his necessities by reason of them ; exhorting the prelates , clergy to a liberal contribution to him , from whose person , ancestors they had received all their endowments , preferments ; his grant of the tenth part of the improved yearly values of their benefices to him , to be levyed by ecclesiastical censures from all , without any appeal or priviledge , , , , , , to , for which the king payd him marks arrears of the annual rent due for england and ireland out of this disme , . the kings gratulatory epistles , procurations to him and his cardinals concerning it , and other affairs of the realm , , to . his legates council and constitutiens , , . see ottobon , index . he exempted his clerks , agents benefices in england , from dismes imposed on all others , . his death ; near three years vacancy of the roman see after it , . cornelius ; his decree , that bishops never made oath , not ought to give any , but in case of right faith , . e. eugenius . his decree , that clergymen ought not to swear or take an oath in any case , at least without the popes or bishops special license , p. . eugenius . his proceedings against murdac archbishop of york , . his decree concerning the bishop of st. davids subjection , profession to the see of canterbury , and against its re-erection to an archbishoprick , . his bull of pilviledge to st. albans , appendix p. . g. gregory . ordered the virgin mories picture drawn by st luke , to be carried in procession in rome to stay the plague , which ( as they fable ) chased it thence , p. . gregory . his epistles , claim to several kingdoms in them ; p . gregory . his election , he vacated the election of ralph bishop of chichester to the archbishoprick of canterbury ; upon simon langetons information , he would oppose king johns charter , tribute , if confirmed archbishop , , , . this tribute payd , and a disme promised him in england and ireland by king h. . his proctors , to null heveshams election , and promote richard to the archbishoprick of canterbury , which he did thereupon , , , , . the kings letters to him and his cardinals , to assist him in his extraordinary affairs ; his payment of the arrears of the annual rent on that account , , . he nulls the election of the bishop of durham by the monks , rejects the person recommended by the king , and promotes another , . grants an ayd to the king from the archbishops , bishops , abbots , priors , clergy in england and ireland , , , . pronounces a general excommunication against all who hindred any to passe to , or repasse from rome ; his bull to that purpose to the french bishops , king , not to hinder the king of englands nuncioes or subjects from going thither , or returning thence , . presseth a croysado by his balls , privately intended against the emperor frederick , , . he injuriously excommunicates the emperor frederick , interdicts his territories , without hearing or conviction ; in all countries , places , for not going personally to the holy land , when hindred by sicknesle , inevitable weighty affaires of the empire , and the civil wars he raised against him ; he most unchristianly hired , employed john de brennes to seise on , and deprive him of his empire , during his absence in the holy wars against the saracens ; for which treachery the emperor stirred up a great sedition against him , seising upon the churches pretended patrimony , cities , castles , antiently belonging to the empire , caused the romans to expell him out of rome , pursue him to viterbium , and from thence to perusium , he having no other means to revenge himself , but to excommunicate his persecutors : his bull of the emperors excommunication , , , , , , , , . the emperors letters of vindication against it to the king of england , and all other christian kings , shewing how this pope gregory inflamed with apparent covetousnesse , lust , not satisfied with ecclesiastical goods , revenues , attempted without fear to disinherit emperors , kings , princes , and make them tributaries , as his predecessor innocent . did king john , and the earl of tholouse , keeping them so long under excommunications and interdicts , till he reduced them under his vassallage ; his and the roman courts , churches execiable symonies , various new exactions , never formerly heard of ; their manifest and secret usuries towards the clergy , hitherto unknown , wherewith they infected the whole world ; their manifold snares to illaqueate all and every person , cheat them of their monies , liberties , rights , disturbe their peaceable lives , being meer ravenous wolves in sheeps cloathing ; with his serious exhortation to all princes throughout the world , to provide against so great avarice , iniquity , antimonarchical designs , , . he sent his legates abroad into all places , only to excommunicate , suspend , punish those who were potent ; extort monies , pillage churches , and rashly to invade others empires , kingdoms , though he and they were base , unworthy persons , whose learning and ambition made them mad , , . he against the law of christ decreed to conquer the emperor with the material , when as he could not cast him down by the spiritual sword ; with what consideration or conscience the emperors friends , clergy admired , , . he daily proforma excommunicated robbers , incendiaries , tormen●ors of christians ; yet gave consent , yea authority to such to invade and war against the emperor , . he caused the prelates , clergy in jerusalem , not to say masse in the city , nor to communicate with the emperor whiles in it , when he recovered it from the saracens , because he had injuriously excommunicated him ; yea subo●ned the templars and hospitalers to betray him to the soldan , after his conquest of the saracens ; he dispersed scandalous letters to defame him as an apostate , &c. and most greedly raised monies , forces in all places to dethrone him , , , , . he reputed all the emperor did in the holy land as nothing , moved war against him , asserting , it was just , necessary for the christian faith , that so strong a persecutor of the roman church , his mother , should be deposed from the imperial dignity , . he exacted a disme from england , ireland , wales , and all other sons of the church , to carry on his begun war against the emperor to depose him , because the wealth of the see apostolick was not sufficient ; lest if the church of rome miscarried in this design , her members should seem to be vanquished with their head , , . king h. . his letter to him concerning the emperors excommunication , and reconciliation to him , , . he continues his excommunication notwithstanding his actual voyage to the holy land , . maligns the emperors victories over the saracens in the holy land , stirs up the templars and hospitalers against him , . his decree concerning the monks of coventry and canons of litchfields electing the bishop by turns , . the kings and bishops letters to him against heveshams election to the archbishoprick of canterbury , . prefers richard to it at the kings and bishops requests , not by election , but provision and donation , . his bull concerning it ; his love to , prayses of canterbury church , becket , langeton , . he introduced the first papal provisions in history or record , , , . he sent the archbishop of armenia into england , with letters of recommendation to the prelates and religious persons , . his dispensation with some of the kings clerks to hold pluralities , . constitutes delegates upon the kings appeal against the bishop of imelic his election , . interposed in the truce between france and england , which he was to confirm when they had agreed on the articles , . sends his legate into england to collect a disme for him against the emperor frederick , whom he defamed by his letters in all places , , . his bull for this disme , wherein he stiles rome , the mother of all churches , who were bound to assist her ; it is levyed with greatest rigour by ecclesiastical censures , according to the full value of ecclesiastical livings , and money of full weight , , . invades the emperors dominions , cities by john de brennes the second time , whiles absent in the holy wars , whom he fed with money ; the emperor on his return defeating him , recovered his territories , marched to rome with his army , forcing this pope to absolve him , and restore the rights of the empire he had invaded , , . he and the emperor reconciled , he feasted the emperor , cardinals , nobles three dayes together in his palace at rome , ibid. king h. . appeals to him against the encroachments of the irish bishops on the rights of his crown , . his letter to king h. . to bestow a pension of marks a year on one of his italian brokers , , . richard archbishop of canterbury , complains to him against the king and hubert his chief justice , for maintaining the kings prerogative in a case of wardship , wherein he sided with the archbishop against the king , granting whatever he desired , : he endeavoured to wrest the power of electing , confirming the archbishop of canterbury by the kings license , out of his hands , to conferre it on whom he pleased ; nulls the election of ralph the kings chancellor by the monks , approved by the king , without alledging any cause but his own papal pleasure ; commanding the monks to make a new election by clauses prejudicial to his prerogative , . the kings inhibition thereupon to the monks , to do nothing therein to the prejudice of his crown , nor go to a new election without his special license , . nulls their priors new election by the kings license , because old , too simple to govern that church ; nulled their third election of blundus , approved by the king , because he held two benefices without his license , . commanded the monks at rome to elect edmund , to whom he sent a pall ; who refused to do it without the kings license ; they and the king at last enforced to accept of him for archbishop without any election , , . the corn , goods of his foreign clerks by provisions , publickly threshed out and sold by a general insurrection against them , , , . the pope very angry at the tidings thereof , writes biting letters to the king for not punishing the offendors , contrary to his coronation oath ; threatens to excommunicate him if he did not exemplarily punish them to deterre others ; commanding some bishops and abbots to excommunicate all they found guilty thereof , till absolved by himself : whereupon sundry found guilty by inquisition were imprisoned , others forced to fly , , , , &c. hubert de burgo his mannors sequestred to give them satisfaction , he removed from his chief justiceship for conniving at , confederating with these rioters , and not punishing them , . his bull for visiting all religious orders , houses in all places , for their vices , corruptions , by his special visitors ; their severe proceedings therein , appeals against them , , , . his letters on behalf of hugh de burgo , . king henry submits himself at his command to prolong the truce with france for three years , to ayd the holy land , , . his abusive bulls to all christians for the ayd of the holy land , only to extort monies upon that pretext ; levyed by , and payd to his own agents , to be imployed against the emperor frederick ; promoted by freers without the names of nuncioes , yet having their power , and authority to absolve men from their vows for money when crossed , and to compell them to pay their monies by excommunications , interdicts ; the indulgences therein contained , , to , , he propounds a marriage between isabella king henries sister and the emperor , his letters concerning it ; the kings answer to him , and submitting himself to the jurisdiction , censures of the pope and roman church , in case he failed to pay the marriage portion promised , , to . king henry . sends proctors to him concerning his own marriage-treaty , to be ratified by his papal authority , dispensation , which he prayed , . humbly relorted to him for counsil , refuge upon all emergent occasions ; his over-submissive procurations , letters to that purpose , , . his remonstrance to him of grievances by philip earl of britain , in seising his castles , lands , and revolting from his allegiance , and prayer to compell him to give him satisfaction ; who instead thereof imployed him in his wars , , . his letter to the king for receiving the bishop of winton into england , who fled out of it , was sent for by him to rome to supply him with monies , and ayd him in his wars , being a better souldier then preacher , which he is content to do at the popes request , , . his legate prohibited to enter into ireland without the kings command , . his encroachments upon the elections and confirmations of abbots ; his new oath of fealty exacted from the abbot of st. albans , to the prejudice of the crown , churches , abbots priviledges ; his bulls , and his delegates proceedings therein , , to . published new compendious decretals to get monies , and usurp a legislative power over the world , . he set up , countenanced usurers called caursini , in all places , especially in england , to whom most prelates , abbots were bound in strange obligatlons , to raise monies for his use ; protected by him against the bishop of london , whose threats to excommunicate and banish them the city they derided , , to . the insolency , cruelty , secular imployment of the freers minorites against their orders , by his countenancing them , , . king h. . by his bull endeavours to revoke sundry of his grants , as if unable to make them without his consent , , . his frequent abuse of croysadoes , and new wayes to raise money by dispencing with vows , and perverting it to his own use , to the g●eat scandal of many , discovered , declamed against , , . confirmed the archbishop of rhoa●s election , which the king approved , . his license to hold pluralities to such of the kings clerks as he should appoint , . i he miserable estate of england by his agents , bulls , provisions to unlearned vitious foreigners ; extortions , symony , abuse of ecclesiastical censures , being made a common prey by his hypocrisie , tyranny , . the greek church rejects his pretended authority over them ; separated from the church of rome for his and her avarice , symony , corruptions , and claims superiority over it ; against whom he grants a croysado , and sends souldiers to reduce them , , , to . he sends otto at the kings request into england , under pretext to reform abuses , who proved a ravenous wolfe , , &c. see index . opposed by archbishop edmund , as prejudicial to his archiepiscopal authority , ibid. the nobles refuse to grant king h. . an ayd , publickly reprehend him in parliament , for saying publickly and secretly , he could dispose , exchange or alien nothing in his kingdom without the popes or legates consent , as if he were not king , but the popes feudatory , vassal , as many stiled him , , , , , ● . he decrees st. edwards feast to be publickly observed ; his canonization of francis and d●m●ick for saints published , and that his legates decrees in councils should be valid after his legateship ended , . recalls his legate otto from england , by reason of the commotions against him for his rapines ; the kings supplication for his stay notwithstanding them , ● , , . gives sentence for the monks of rochester and earl of arandel at rome , against archbishop edmund , awarding them costs of suit ; yet granted him a priviledge to the prejudice of the monks of canterbury , whom he oppressed by it , , . his unjust sentence by bribery against the canons in the cause of alienor , married to the earl of leycester against her vew of chastity ; and in case of the monks and bishop elect of winton , upon appeals to him , , , to . his statutes concerning the reformation of the black monks , and proceedings on them , , . his sharp letter , bull to king h. . for giving , alienating the lands of the crown to bishops , abbots , nobles , others , to the prejudice of the see apostolick , to whom the realm of england belonged , and command to resume them notwithstanding his improvident charters & oath , , . his legate not permitted to enter scotland by the scots king , , . sir robert tw●ng his complaint to the king , nobles in parliament , of his oppression , fraud , in depriving him of his presentation to his only church , by a provision ; their letters to the pope on his behalf , , , . his insatiable avarice , depriving ●f laymen , ecclesiastical and religious persons of their presentations , by provisions , conferring them on strangers ; and other grievances complained against by all the nobles in parliament ; their letters to him to reform them , with his answer thereto , , , . his letter to his legate concerning moderation of provisions , not to grant advowsons of lay patrons by the popes authority , without their assents , , , . peter aracen his agent in england , taken , imprisoued by the emperor till ransomed ; he refused to pay his ransom , writ to , moved king h. . to pay it ; his discontent thereat , , . the dean and chapter of lincoln appeal to him against their bishops visication of them , . the monks of st. albans offer a sum of money at his feet , which he gratefully received , to confirm their priors election ; they bribe his cardinals , agents of all sorts , who would do nothing for the kings or others letters , without great gifts ; for which they would not so much as invite them to a small dinner , ; . he prohibited the ordination , preferment of bastards , pluralities , &c. only to gain monies for dispensations in such cases by the see apostolick , which alone must grant them , , . the grecians set up germanus patriarch of constantinople as an antipope against him , who denyed his supremacy , renounced him and the church of rome , for their detestable symonies and corruptions , , , , , , . the emperor opposed against him helias , chief of the ●ree●s minors , a most famous preacher , who absolved all this pope had bound with an anathema ; who had rendred the church of rome infamous by symony , usury , various rapines , and became a step-father to her sons ; thirsting only after money , which he extorted by sundly devices , not caring at all for prayers , masses , exhortations , which used to free oppressed ones from persecutions ; fradulently and privately disposing in his own chamber , the money collected for relief of the holy land , without the cardinals consent , imploying it and the forces raised against the saracens , against the emperor and greek church , better christians then himself ; prohibiting them to go to the holy land against their vows , when ready , yea marching towards it , to imploy them against the emperor , against whom he was raging mad , to destroy the rights of the empire , and trample him under feet : he sealed many blank bulls and sent them to his legates , to write wh●● they pleased in them for his or their advantage , , , , , , . he excommunicated helias for reprehending instead of reforming these his execrable crimes ; his words , double dealing , breach of faith generally declamed against by the crucesignati , ibid. he more desired the encrease of gold and silver , then of the christian faith , . he perswades , commands all who had taken up the crosse for the holy land , not to proceed but return home again , when they were in their journey towards it , by his pulls , nuncioes ; who thereupon exclaimed against his double dealing , and were like to mutiny against his nuncio , had not the prelates pacified them , , , . richard earl of cornwall proceeds in his voyage , notwithstanding this prohibition , ibid. the emperor frederick according to his oath resuming the isles , territories belonging to the empire , notwithstanding this popes inhibition ; he thereupon studying revenge , fomented the rebellion of the citizens of mill●ia against him , excommunicated , deprived him of the empire , without any hearing or conviction ; excited all he could against him , under pretence he had raised sedition against him in rome , intending to ex●ell him and his cardinals thence , against the priviledge , dignity of the see apostolick , and to tread the liberties of the church under seet , against his oaths : his scandalous excommunications , letters successively published in england and elsewhere to defame him , with his memorable letters , replyes thereto , shewing his rebellion against the emperor , slanders of , and unchristian deportment towards him , to his great infamy ; his endeavours to depose him , , , to , , , . verses found in his chamber , that rome should cease to be the head of the world , which he and the emperor applyed to each other , . his extreme avarice , abuse of money collected for the holy land , exacting monie by several other means , to war against the emperor ; his stirring up his subjects of mill●●in , other cities to rebell against him : who were defeated , punished , destroyed for their rebellions , notwithstanding his panal assistance and benediction , , , , to , , , . his execrable , infamous contradictory slanders published against the emperor in all places , as inclined to mahumetism , athtism , to exhort , exasperate all christians unanimously to rise up against him , as an open enemy of christ and his church ; against which the french , & people justified him , as more pious , religious , lesse oppressive then himself ; his impiety , dishonesty being so notorious , execrable to all , that his authority was regarded by none , or very few ; his letters , actions so scandalous , that his fame and authority suffered great detriment , ruine in all places ; so as wise and holy men feared greatly the total losse of the roman churches , popes , clergies honour , and that god in justice would smite them with an incurable wound , , , . he caused another emperor to be elected , who peremptorily refused it ; two others elected , blasted by god , , . the french kings and nobles notable answer to his letters and nuncio , , the emperors letters , countenancing those who contemned his excommunications , , . the english bishops complaints against his oppressions , injuries , contrary to the kings oath , charters , priviledges ; their excommunication of their infringers ; king h. . neither would nor durst contradict his exactions , though against his priviledges , and subjects liberties , , , . he exacts the fifth part of the clergies goods , for which the emperor expostulated with the king ; archbishop edmund , others opposed , but yielded to it at last , , , . the romans and cardinals consult together to oppose his papal violence , to the danger of christianity , . having gained money enough in france to wage war with the emperor for a whole year , he perfidiously brake his ▪ truce , sends for the cardinals who procured , made the truce with him , from thenceforth to defie and denounce war boldly against him to his face ; which john de columpna one of them disswading him from , and contradicting , as savouring of inconstancy , he told him , he would not from thenceforth account him for a cardinal : to which he replyed , nor i thee for a pope : upon which the king of france detained all the money there collected for him till he saw the issue , . he summoned the duke of venice and other enemies of the emperor to a council ; engaged the king and prelates of england to exhaust the kingdoms treasure , to depose the emperor by force , , . he endeavoured to subject the emperor and all christian kings to his papal dominion , and make them his vassals , taking example , boldnesse from his predecessors trampling the king and kingdom of england under his feet : the emperors resistance of him , the only means to secure the rights , crowns of all other christian kings ; though they deserted or engaged against him , and their own interest , by ayding this pope with monies extorted by his nuncioes , , , , . the emperor contradicts his summons of a general council , designed to excommunicate and depose him ; prohibited all legates , bishops summoned to it to repair thither , under pain of imprisonment ; who presuming to repair to it upon this popes letters , great naval forces to transport them by sea ; gods owning of the popes , churches cause , and disowning of the emperors as accursed , excommunicated by him ; were all intercepted , spoyled , some of them slain , drowned by the emperors naval forces , the popes fleet scattered , his legates , cardinals , prelates long detained in prison ; the popes designs , council frustrated to his grief , infamy , , to , , , . a car●busian monk at cambridge brought before his legate and others , affirmed to their faces , that gregory was not pope , nor bead of the church : that he was the devil broke loose ; an heretick , who p●ll●●●d the church , yea world ; that he had not power to bi●●e o● loose souls , nor was st. peters vicar , nor had his power on earth ; being a simoniack , usurer , and perhaps involved in greater crimes ; following not christs footsteps , virtues , as st. peter did ; at which the legate blushed , and all were silenced , . he conferred the bishoprick of landaff by his papal provision , which the king assented to , , . granted k. h. a dism in ireland for relief of the holy land , ▪ . he grants the tenths of all profits of benefices to the abbot and monks of cluny , belonging to any houses of their order in england , without the kings privity , against his prerogative , and custom of the realm , for which the king issued writs to prohibit the collecting of them , . grants a priviledge to edmund archbishop of canterbury , that he and other archbishops in their provinces should present to all bishopricks , abbots , priories continuing voyd in the kings hand after . moneths space , which he afterwards nulled , as contrary to the kings prerogative at his instance , . he intends to bestow all the benefices in england upon the sonnes , kinred of romans , to incourage them unanimously to rise up against the emperor ; writing for of the next benefices that fell voyd only in . bishopricks to be conferd on them by provision , . he sent peter rubeus to demand an intollerable tax of the english clergy , proposed privatly to each of them under an oath of secrecy not to discover it , which the prelats and inferior clergy generally , cistercians manfully withstood , , to . recalls otto from engl. to rome , who burnt his letters , to advise , assist him in a council against the emperor , , . . the insatiable shameles covetousnesse , corruption , simony of him and the court of rome , exposing all things to sale , reputing usury a small sinne , but simony none at all , . his two agents intollerable exactions in england , by procurations and new devised extortions , . writs to all bishops to inquire of the number , value of the benefices granted by him and his legates by provision to aliens , , . the king by writs exempts all his own clerks and freechappels from his legates procurations , taxes , exactions , provisions , , . a prohibition against his legates compelling any person by ecclesiastical censures to contribute any thing to him , and against his provision of a prebendary in pauls belonging to the kings presentation , , . the kings appeal , proctors to him against the bishop of wintons election . his nuncioes and their treasure seised by the emperor , , . his death , sees vacancy and schisms after it , , , , , . his bull for relief of the holy land transcribed verbatim by pope innocent the th . . his statutes , letters whereby archbishop boniface would visit the monks of canteabury , resisted and revoked by his successor , , . the kings letters of complaint against his provisions . his death concealed by his agents , til they could collect , transport their rapins , . gregory the . his complemental letter to king edward the . for a safe conduct to his agent to collect peter-pence ; and desiring the payment of . years arrea●s of the annual rent then due for england and ireland by king johns charter , , . according to his predecessors practise he rejected the monks election of chillenden to the archbishoprick of canterbury , opposed by the king , made robert archbishop by his papal provision ; which the monks not daring to oppose elected him proforma , to preserve their right of election , , , . h. honorius . his decree against priests taking an oath , or being compelled to swear in criminal or other causes , unlesse by their bishops special license , . honorius . young king henry . his complemental epistles to him and his legates for their tender care of him and his realm , during his minority , professing himself his creature , subject , desiring him not to confirm the election of the bishop of ely , a professed enemy to him and his father , adhering to the french king against them ▪ the isle being a place of strength , and to provide a fitter bishop for it , , . his epistle to him touching the bishop , bishoprick of karlisle , and resetling the impropriations thereon granted to it by h. ● . then alienated from it , , . touching the restoring of his siste● jone , detained from him by h. de lizimaco , and his excommunication if he refused to do it , , . his canonizing hugh bishop of lincoln for a saint , , . the kings appeal to him touching the church of aeley , . his bull to two bishops in england to examine the abuses , vices , excesses of the bishop of d●●●●m , upon the monks complaints against him , and certifie their proceedings to him , , . one of the first introducers of papal provisions , , . his letter to the earl of march and his wife upon k. h. . his complaint , to restore his castles unjustly seised by him by a day , with dammages , under pain of excommunication and interdict of their lands formerly released by him , which he endeavoured to elude by craft and contempt , , . the kings letters of thanks to him for former favours , requesting him to write to several bishops and nobles therein named , to assist and continue faithfull to him ; and restrain all who should rebell against him , or detain his castles , lands , by the spiritual sword and censures , , . excommunications thereupon denounced against the detainers of them by the archbishop and his suffragans , . commanded king henry to prolong the truce with france for . years . at his request the king give his royal assent to the election of the archbishop of cass●l the king prohibits an appeal to him from any of ireland , in a case of bastardy pending in his temporal court , , constitutes a proctor at rome , . his letter to the king to continue an annuity granted by king john to a romesh cardinal , afterwards revoked , . his bull to the french king , to permit the king of england● nuncioes freely to passe and repasse through his territories to his presence : and to the bishops , abbots , priors , and clergy of england to grant a competent ayde to king h. . to be imployed by common consent for the benefit of the realm , and not drawn into consequence , to the archbishop of dablin to excommunicate those who refused to surrender the kings castles to him ; without any appeal , . sent legates into all parts of the world to exact undue exactions in all places . otto his nuncio sent into england with letters to the king , demanding two prebendaries to be granted him in every cathedral , and the allowance of . monks in every monastery where the abbot & covent had distinct interests , to prevent the old scandal of avarice , bribery , simony , r●pine of the church and court of rome , occasioned through her poverty , extortions , delayes of justice , which the king , clergy opposed , as prejudicial to the crown , church , kingdom . , , , . the like proposals by his legat in france , with the french bishops answer thereto , as destructive to the church and realm , his legates procurations , rapines , , , . his letters to geoffry de lizimaco , reprehending him for the breach of his oath of fealty and allegeance to k. h. . which ought not to be violated or discharged by any contrary oath ; commanding him inviolably to observe it under pain of excommunication without any appeal , , . granted , published a croysado against the earl of tholouse , and albigenses , he prohibited the king of england and his nobles to invade france during that kings wars against the albigenses , , . grants an ayde to the king from the clergy and religious of england and ireland ▪ which they were compelled to pay by ecclesiastical censures , without any appeal , on which this pope refused to relieve them , , . his bull against granting procurations to aliens and italians in england , after the death of those aliens who then enjoyed them , leaving them to their patrons free disposal , , . his large bull of old priviledges confirmed re-granted to the abbot and monastery of st. albans , an annual rent of one ounce of gold reserved for it to him and his successors , in derogation of the kings prerogative , appendix , to . the emperor fredericks oath to him to defend the rights and possessions of the church of rome to his power , . honorius . demanded of edward . the arrears of . years rent granted by king john for england and ireland , who refused or neglected to pay it , . . innocent . persecuted the emperor otho . excommunicated , deposed , vanquished him in barrel , & set up fred. . , , , . displeased with king john in the beginning of his reign , for his divorce from his wife by his norman prelates , against the canons obligation , and for detaining the bishop of belvoir in prison , notwithstanding his frequent letters for his inlargement , still he paid a great ransom , and took an oath of him never after to bear arms , . his letter to king john to protect the archdeacon of richmond against the archbishop of yorks oppressions , . to archbishop geoffry to absolve the archdeacon excommunicated by him after his appeal to rome ; else others to absolve him in his default . taxed geoffry with rebelling against the see of rome , whose authority he still contemned , . he endeavours to make st. davids an archbishoprick , as formerly , grants it to gilardus archdeacon of brechin by his provision ; authorized the bishops of durham , lincoln , ely , to consecrate him , if archbishop hubert refused : which he refusing to do , the king by writs prohibited all of his diocesse upon their allegeance not to own , receive gilardus as bishop , but oppose him to their power , declared him a publike enemy to his prerogative , a disturber of the publike peace ; the archbishop nulled his election , forced him to resign his archdeaconry to him , to become his chaplain ; the king nominated , and archbishop consecrated another bishop in his stead , commanding all to aid , receive , assist him against gilardus : and so quite nulled this popes first provision , , to . the first introducer of papal provisions , , , , . his decision of a controversie between the bishops of dole and turon , . of a turbulent haughty spirit like hildebrand . grants a croysado , ayde for releif of the holy land. his bulls , letters concerning its taxing , collecting in france and england , those kings , nobles consents to , proceedings therein , , to . king johns appeal to his legate in ireland , against the suffragan bishops of ardmach , endeavouring to elect , consecrate an archbishop without his precedent license or confirmation , , . his letter to king john to bestow the bishoprick of carlisle on the archbishop of ragusa , who at his request conferred it on him , and a living granted him by the archbp of yorke . he nulls the clandestine election of the monks of canterbury of their subprior without the kings precedent license , his exhortatory epistle to them for unity ; nulls their second election by the kings license , though approved by him ; enforced the monks at rome to elect stephen langton a cardinal , without the kings license , against his consent , or their fellow monks in england , there presently consecrated him archbishop , writ letters , sent rings and precious stones to the king , to perswade him to receive and admit him archbishop , , to . the king for this high affront , by armed force expelled the prior , monks of canterbury , putting others in their places ; sent a menacing letter to this pope for his unjust refusal of the archbishop duly elected , approved , confirmed by him , and consecrating langeton his enemy , publikely conversing with his enemies of france , without his royal assent , or the monks due election ; to the derogation of the rights of his crowne and dignity , which he admired at , he not considering how england had been , and was more beneficial to the see of rome then all the kingdomes on this side the alpes : that he would stand for the rights of his crown , and defend his clerks due election to the archbishoprick , to death ; threatning he would suffer none to passe out or through his territories to rome , nor any of his bishops or prelates to go thither for justice , unlesse he granted his requests . the popes insolent letter in answer thereunto ; his letters to . english bishops earnestly to perswade , admonish him to receive langeton for archbishop , else to interdict the whole realm till his submission to it ; their proceedings therein , and interdicting the whole realm , , to . he deprives the white monks of the liberty granted to others for officiating during the interdict , at the kings command , , . he excommunicated king john , for contemning his interdict , banishing the bishops and their kinred who interdicted the realm , with langeton and his parents , s●ising their goods , temporalties , and of all who obeyed the interdict , commanding it to be published in all cathedral and conventual churches through england : the clergy in england refuse to publish it ; king john and his nobles slight it , alexander cementarius disputes , writes against it and the popes power to inflict it , all his nobles , others , publickly communicate with him , he hath admirable successes in his wars , affairs , notwithstanding it , , to . his legates , agents insolent words , messages , deportment towards the king , notwithstanding his promise to receive the exiled bishops and archbishop without restitution of the profits of their bishopricks during their exile , , , to . he absolves king johns subjects from their fealty , oaths , obedience to him ; prohibiting them under pain of excommunication strictly to avoid his company , both in table , counsil , conference , , . after which at the archbishops and bishops sollicitation he deprived king john and his heirs of the crown of england , gives it to king philip of france and his heirs ; writes to him , and all nobles , souldiers in sundry countries to take arms , to deject him and conquer it for his contumacy , rebellion ; to crosse themselves for that purpose , granting them the same indulgences as those who went to the holy land against the saracens . sends pandulphus his legat to see it executed , yet with secret instructions to him to agree with king john upon termes he was to propound to him , , . when the french king and john had both raised great forces by land and sea against each other , pandulf by fraudulent perswasions , menaces , terrors induced king john and his nobles to receive the exiled bishops , give them dammages , & swear to make good the terms the pope propounded for himself and exiles , to resigne his crown , kingdoms of england and ireland to this pope by a special charter , enjoying them under him and his successors , paying . marks annual rent , & swearing fealty to him as his vassal ; the manner therof : being effected , he prohibited the french king to invade him after vast expences , to his great discontent , because under his papal protection by this submission , , to . the interdicts , excommunications , frauds , force by which this charter was extorted , with the protests , declarations against , and real nullities of it , , , , , , , to . , . king johns oath to him , , , . the emperor by his embassadors stirred up the english , others to contradict , withstand this charter , tribute , and other illegal oppressions , , . . his bull to his legate to conferr all vacant dignities , benefices in england by postulation or canonical election , to correct all rebellious persons opposing his proceedings therein by ecclesiastical censures , without any appeal ; his tyranny , inhumanity , proceedings therein , especially against those who had been loyal to the king during the interdict , , , , , , . the original of his provisions in england , , , , . his bull to his legate for releasing the long antichristian interdict of england after . years . months , & days space , during which divine offices , sacraments , and christian burials ceased , , , . his bull for confirmation of the great charter of king john , to his prelates , barons , and freedom of elections to the church , clergy , upon the kings request , , k. johns complaint to him against his great charter as extorted from him by armed force , fear , circumvention , rebellion ; and of designs to expell him the realms now under the crosse , and popes protection : his oath by st. peter to avenge this injury ; his bull perpetually nulling the great charter notwithstanding its former confirmations , prohibiting any to observe it under pain of excommunication , reciting the barons rebellion , obstinacy , perjury against their oaths , , , , , , . he first excited the english barons by his bulls to take arms against king john , as an obstinate enemy to the church , to enforce him to surrender his crown to him , and after his unworthy effeminate surrender of it to him as his tributary , endeavoured without fear of god or shame of the world to trample them under feet , disinherit , put them to death , and swallow up their estates ; he promoted none to livings , but unworthy outlandish clerks , , . his letter to the barons , charging them with rebellion , disobedience to his commands and the king , threatning to excommunicate them if they persisted therin , . his letters for the barons excommunication sent to the archbishop and his suffragans , , , , . the archbishop delayes , denyes to publish it , siding with them , for which he is cited to the council at rome , suspended his archbishoprick , and all prohibited to obey him as archbishop , , to . his bull reprehending the chapter of york for electing simon langeton their archbishop , against the kings and his prohibition , and simons promise : his menaces of him and them ; his election nulled , he swears he would provide an archbishop himself for them unlesse they presently proceeded to a new election : whereupon they elected walter gray , whom the king at first propounded , who paid ten thousand pound sterling for his pall , for which he stood bound in the court of rome to this simon magus and his usurers , , . the kings letters to him not to null the union of the abby of glaston to the bishoprick of bath and wells , formerly confirmed , being prejudicial to the crown , he appoints delegates to hear and determine the cause , , . his care to preserve king john and his heirs rights in normaudy , , . his bull exempting all his french appels from episcopal jurisdiction and excommunications , though a royal prerogative before , , , , , , . his bull to the abbot of abbendon and others , to excommunicate certain barons , londoners , and others by name for opposing , rebelling against king john , with their high contempt thereof , and reviling speeches against him and his papal power , as constantines , not peters successor , either in merits or works , making a prey of the church and kingdom he had invaded , , , , , . he absolves the archbishop upon caution , but prohibits his return into england till the king and barons were accorded , . he sends wal● to the french king philip , to prohibit him or his sonne to invade king john being his vassal ; or the realm of england , the churches patrimony , whereof he was supreme lord , by the kings charter , homage to him : the french kings reply thereto , declaring the charter void , denying england to be st. peters patrimony . lewis his proctors opposition , objections before him against king johns , and plea for lewes his title to the realm of england ; this popes replyes thereto on king johns behalf ; his dilemma in this controversie between them . the barons reject king john , elect , receive , crown lewis , notwithstanding his legates prohibitions , excommunications of lewis and them , which they contemn , , to . his usurpations upon king johns crown , kingdom , church , subjects of england and ireland , . his vnchristian excommunication and interdict of all the kings officers and others who by his command offered violence to the monks of cant. and shed their blood in the church of faversham , to which the king and monks laid title , the kings prohibitions , writs , sent to his delegates not to execute it , as being derogatory to his crown ; the popes contrary letters to proceed therein , with the issue of it , appendix , to . sends otto into england and other nuncioes into all parts of the world to exact undue exactions from them , . innocent the . his election after a long vacancy , , . being confirmed , he ratified the excommunication denounced against the emp. fredoric , stirred up the citizens of viterbium against him , caused sundry to revolt from him in germany soon after his election , , . he refused all offers of peace , cautions tendred by the emperor for performance thereof ; raised new discords , wars against him to the great danger of christendome and christianity , then invaded by the turks , saracens , tartars : whereupon the emperor stopped all passages to rome , , , . his unsatiable thirst after money , . he flies from rome with his cardinals to lyons secretly in a disguise . the king and nobles consult whether they should receive him , as conceiving him prejudicial to the king and kingdom ; they refuse to admit him into france , or rhemes , whose archbishoprick was then void , , . their letter to him denying his entrance into lower france , . he desires k henry that he might come into england , wherein he had a special right , to honour it with his presence ▪ but is denied : he spoyling , defiling it by his extortions , simony , usurers , though nor personally present : the stink of his papal court and infamy ascended to the clouds , . he endeavoured to deprive the emperor . . . the kings appeal to him against the bishop of winton , being neither duly elected , nor presented to him for his confirmation , to the prejudice of his royal right and dignity . the bishop gives the pope marks to procure his peace , and free him from a contempt against the king , , , , . his decree between the monks of canterbury and bishop of lincolne , during the vacancy , . he desires the prayers of the cistercians in their general chapter , for the state of the wavering church , . his legates rapines , provisions , extortions in england , . the kings letters of complaint against them , . endeavours to subject wales to himself under an annual tribute ; absolves the prince of wales from his subjection and allegiance to k. h. . against his charter , oath , encouraging him in his rebellion against him , . his letters to all the prelates of england in general , and each of them in particular purchased with the effusion of much money , to grant a competent ayde to the king , highly applauded in them , , . the prelates unanimously opposed them , being conjoyned , and complain of the popes rapine , provisions , by his agents , , , . his letters to the english prelates for a supply of his own and the church of romes necessities ; which they and the emperors agents in england contradict , , , , . his nuncioes rapines , extortions , ibid. . his daily bulls sent into england to extort monies ; prohibited to be imported , searched after in dover and other ports by publike order , and their importers imprisoned , . a prohibition to tax , collect or pay any tax to this pope or his agents in england or ireland , his nuncio chased out of england , at which this pope extraordinarily raged , , : resolved to make peace with the emperor , whom he stiled the dragon , that so he might trample the petty kings and serpents of england and other countries under foot ; which incensed the hearts of many against him , . the king of scots charter of league with k. h. . sent to him to confirm ; he and his nobles subjecting themselves and their heirs thereby to his jurisdiction and ecclesiastical censures in case they violated it , , . he absolved david prince of wales from his oath , homage , charters made to king h . exciting him to rebell against him , by putting himself and all his land under the popes protection , to be held of him under an annual rent of markes . his bull for that purpose : notwithstanding which k. h. . wasted wales with fire and sword , reducing it to extream misery , desolation , , , , . william the elect bishop of coventry voluntarily resigned his bishoprick into his hands , being opposed by the king , , . the bishops of england made , advanced by him , more addicted to him , then to the kingdom or king , , . he granted archbishop boniface for money an unheard of priviledge of the first years fruits of all vacant benefices in his province for seven years , till he levyed ten thousand marks thereby , under pretext to defray the debts of his church : which his suffragan bishops opposed , but were inforced to submit to , by excommunications and ecclesiastical censures published in all churches against those who should speak against , detract from it , or fraudulently substract any of the firstfruits ▪ , , , , , . he consecrated boniface archbishop , and richard de withz bishop of cicester , roger de wes●ham bishop of coventry , elected against the kings will , and appealed against , at lions , to his great affront , and the kingdomes prejudice , for which he confiscated their goods , seised , detained their temporalties , and kept them out of their cities for a long time , , , . he granted philip ball , a souldier employed as his general in the wars , for a great summe of money , to hold by commenda all his ●ents in england , the profits of the bishoprick of valentia , archbishoprick of lions , and other churches in flanders , england , france , who took no care at all of the peoples souls , nor to exercise his episcopal office , , , . summoned , celebrated a general council at lions , , &c. . he granted the bishop of lincoln , after an infinite expence of mony and great gifts , a priviledge against the canons , to visit the dean and chapter of lincolne to correct their manners , without taking an oath of canonical obedience , or manual subscription : his bull and definitive sentence therein , , . a prohibition and appeal by the king against his drawing any of his subjects in sui● before him out of the realm , . what arrears of the annual tribute were paid him by king h. . and upon what occasion , . his dispensation for some of the kings clerks to hold pluralities , . freers predicants and minors the executors of his papal extortions , advanced , enriched by his means , . the king prohibited the abbots , priors , and ecclesiastical persons , to grant this pope any aide , or to meet about it , without his royal assent , . his summons of a general council at lyons by bulls and nuncioes sent into england and elsewhere , , . the king complains of his nulling canonical elections to bishopricks duly made and approved by him , out of malice , or upon feigned or frivolous pretences , for advancing bishops without his royal assent , contrary to his antient approved right in all former ages , praying redresse thereof by a special proctor , . his epistle to the king , excusing the appearance of some bishops and abbots at the council , by reason they were gardians of the realm in his absence , others undone by wars , others aged , or sick , , . he shamefully abused and cast out of his palace the abbot of burgh for opposing his provision to a church , which he gave to one of his kinred , so as he died of shame & grief , . the king sent sole●n embassadors to this council in his own and the kingdoms name , to complain against his insatiable covetousnes , execrable ●apines , extortions , provisions of churches , and other corruptions of the court of rome , against king johns charter , tribute , the letters , protestations of the whole kingdom against them , the proceedings therein , to which the pope deferred his answer , , , , , , , , . the kings patents commanding all his bishops , abbots in that council upon their allegiance to use all diligence to acquire , conserve and defend all the rights of his crowne , kingdom , invaded by the pope , and not to attempt , procure , or assent to any thing therein to his or the kingdomes prejudice , or of the rights his predecessors and he had used by antient approved custome ; that none of his bishops should be translated by the pope and council , but by consent of his ambassadors and proctor st. martin , for the benefit of the realm , . he set his study on fire before the council , wherein king johns detestable charter was burt , on purpose to extort monies from the bishops repairing to the council , , . sundry abbots , bishops present him with vast sums of money , and rich presents , to the prejudice of their churches , whom he advanced to archbishopricks by his papal power , , . the canons of lions strenuously opposed his provisions , swearing they would drown his provisors in the rhene if they durst appear there , whereupon they desisted , . the hand of his porter cut off by a citizen of lyons , of which he complained , desiring reparations , which was done superficially in some sort to save his papal honour , . the greek church not only refuse to obey , but opposed him & the church of rome , for their simony , claiming primacy from st. peters first residence at antioch ; to which he could give no answer , , . he defers the canonization of edmund archbishop of canterbury , canonized at last by him , , , . he scornfully rejects the proffers of the emperor by his advocates , to satisfie the church and prelates injured , and defend the christians against the tart●s , turks , saracens , incensed the whole council against him , except the king of englands ambassadors and proctors , , , . his sentence of excommunication and deposition denounced against the emperor in the council , sent into england and other places to be published to his infamie , wherein he challenged a soveraigne superintendency over all christians , as christs vicar , and peters successor , the top of apostolical dignity ; power to advance , censure , punish , depresse , anathematize whom he pleased ; excommunicating him for breach of his oathes , invading the rights and possessions of the church , imprisoning sundry cardinals , bishops , ( when summoned to a council to depose him ) imposing taxes upon the clergy , conventing them before secular judges for criminal and civil causes which did not touch their fees ; imprisoning and executing some of them , to the confusion and disgrace of their clerical order ; ( though for treason and rebellion against him ) contemning pope gregories former sentence of excommunication against him , marying his daughter to bottacius an enemy to the roman church ; making a peace with the soldan of babylon , invading the realm of sicily , the special patrimony of st. peter , and absolving the inhabitants thereof and other places from their allegiance to the church of rome ; chargeth him therein with heresie , apostacy , inclination to mahometism , & other forged crimes ; absolving all his subjects from their former oathes of allegiance to him , and excommunicating all who should obey , favour , counsel , or converse with him from thenceforth as emperor or king : which excommunication was contrary to his own canons made in that council , . to , . moved for a croysado to raise monies , forces against the emperor , which was publickly opposed to his face by the english , because of his former manifold cheats , abufes therein , , , . the emperours notable speech , epistles against popes insolencies , usurpations , and his abuse of his papal power in deposing him ; charging him and prelates with pride , ingratitude , avarice , ambition , contempt to emperors , kings , their advancers , and the danger of such a president to all christian kings , kingdoms ; sets his crown on his head with his own hands , professeth himself absolved from all obligations to him , and free to oppose him for his tyranny , , , . . popes intollerable insolencies , though of base birth , ignominiously to insult over , depose , trample under feet all emperors , kings , princes , prelates , though innocent , after fredericks final deprivation , as not so potent to resist them , . his papal mandate to the general chapter of the cistercians , justifying his excommunication and deposing of the emperor , for and in which he was prepared to stand , fight unto death , exhorting all of them , and other his brethren , immutably to stand , sight for this cause of god and his church together with him even to death , , . his priviledges promised to the english in the council of lyons ; to grant provisions and dispensations for pluralities of livings to well deserving englishmen of noble families ; that the clergy and lay-patrons should freely present fit persons to their ecclesiastical benefices as they fell void without contradiction ; that one italian should not succeed another ; that all crossed for the holy land , should not be exempt from the usual customes of the realm , though from other things ; that all english prelates newly advanced should ●or some few years hold all their former promotions by commendaes ▪ after which he & other popes nulled , violated them all by non ▪ obstante's , oppressed the english more then ever , . he refusing to give competent satisfaction to the english ambassadors demands in the counsil , they departed thence in discontent ; swearing they would never hereafter pay , or suffer to be payd the detestable tribute granted by king john to the roman avarice , which the king likewise swore : nor permit any rents of english churches ( especially such whereof noblemen were patrons ) to be extorted from them , which he with patience and silence passed by , till a fitter time to revenge it , . the english bishops at his command most cowardly set their hands , seals to the transcript of king johns charter , then newly burnt , to make it valid ; and subscribed , published his excommunication against the emperor , , . upon which he expressing his former concealed causlesse rancor against the king , kingdom , nobles , for daring to demand their rights and liberties ; most insolently threatned , that if he could tame frederick , he would then trample under feet the insolent pride of the petty king of england , his vassal , and the disobedient english , whom he would not permit so much as to lament or mutter against the oppressions or tribute they complained against in the council ; exciting , perswading the french king in a conference with him at cluny , to revenge this great injury , by rising up and warring against the petty king of england even to his disinheriting , or so as to inforce him nolens volens to submit himself to the will of the court of rome in all things , promising that the church and he with all his papal power would assist him therein ; which the king of france refused to do , because of the consanguinity , truce then between them , and prevalency of the pagans against the christians in the holy land , who expected his ayde , , , . he oppressed , pillaged the english more then ever before by sophistical legates and freers , having the power but not name of legates , to evade the antient priviledge of the king , that no legat should come into his realm , unlesse he first desired him ; seised upon the goods of all dying intestate , against law and former custom ; injuriously usurped the lands of david prince of wales , the kings nephew , vassal , who was to hold it under him for marks a year tribute ; cited the king to satisfie david for certain pretended injuries done him , to the hissing and derision of many . to oppose , redresse these insupportable grievances which the king , kingdom could no longer tolerate , without infamy and imminent ruine : the king summoned a parliament , wherein he , the nobles and prelates drew up . several articles against his exactions , grievances , oppressions , provisions , non-obstantes , impleading the subjects out of the realm , taxes without the kings assent , and against his appeals : & provisions to italians , who neither preached nor resided on their benefices , succeeded each other by frauds , suffered their houses , churches to fall to ruine ; sent them by their messengers to the pope with . notable epistles ; the . from the archbishop of canterbury and his suffragans ; the . from all the abbots , priors , covents of england ; the . from all the nobility and commonalty ; the . from the king , with another to the cardinals , relating the nobles , peoples weeping clamors against them , urging him speedily to redresse these grievances , which else the nobles threatned to do themselves , with such perill , dammage of the church of rome , as could not easily be repaired , , to . who insteed of redressing those grievances , in contempt of them and their letters , sent several letters to divers prelates to send or finde several men with horse and arms for half a year or more for his service , which they were to do secretly , and reveal to none under pain of excommunication : to the prejudice of the kingdom & king ; knights service being only due to the king ▪ & nobles , nor formerly exacted by popes in any age ▪ he exacted golden jewels and other ornaments made in england , published an unheard of statute , that all clergymens goods dying intestate should be converted to the popes use , which the freers minors were to execute ; exacted by a new bull a subsidy of marks from the bishops , clergy of england , to be divided between them , and paid in with all speed , notwithstanding any appeal , priviledge , constitution or decree of a general council : against which taxes the king by provision made in parliament , issued several prohibitions to bishop , not to collect or pay it , because against his royal dignity , which he neither would nor could by any means suffer , , , , , , , . shewed no moderation towards the king or his ambassadors , neither in words nor gestures , concerning their grievances , complaints against him ; but said , the king frederized , he hath his counsil and i have mine , which i will pursue ; would scarce look on any english man , but repelled , reviled all of them as schismaticks , slighting all the kings and nobles epistles sent to his court , whereat they were very angry ; the king prohibits by writ , that no prelate or clerk in any county should consent to or send any money to ayde him , or obey his commands therein ; whereat he being much incensed , sent a second letter to all english prelates to pay the ayde demanded under pain of excommunication , threatning to interdict the realm if refused ; whereupon the king by perswasions of earl richard , some ambitious clergymen , and papal bishops , whereof worcester was chief , terrified with his papal threats so that he trembled at them , desisted from his former manly resolutions , sent messengers to pacifie , and tell him , he would comply with his desires , whereof he was very joyfull , , . he stiled england , an unexhausted pit , where many things abounding , he might thence extort much , . the english like b●laams asse beaten with his spurs and clubs , were necessitated lamentably to cry out , , , , . he observing the cowardise , division of the english clergy , oppressed them daily more and more , imperiously demanded the moity of all non-residents , and d part of all residents livings under hard conditions , by detestable non - obstantes , which the king specially prohibiting , the english clergy denyed to grant , as impossible , for sundry reasons they drew up against it , , , . england ground as by two milstones between the king and this pope . the archdeacons and other clergy in a parliament summoned , lamentably complain of their intollerable exactions , to the desolation of the church , realm ; whereupon they resolved to present their grievances in order by messengers and letters to this pope and his cardinals in the name of all the clergy , people of the realm ; at which letters the pope and court of rome murmured , because their avarice was so reproved , restrained , and to prevent the danger of a revolt from them , reduced the to marks , which the bishops to avoyd the popes displeasure assented to , against the kings , nobles letters , and inferiour clergies wills , , , . his grants of commendaes for money , to engage the bishops to whom they were granted to side with him , . his politick innovation when wars were between two princes , to excommunicate at the request of one of them , who fled to him for assistance , the opposite party , to suppresse him , and absolve , assist the other , to oblige him perpetually to him , . he imployed the freers minors and predicants to collect monies to war against the emperor , whiles the tartars and saracens over-run the christians , to whom he would send no ayd to resist them , , , , , , . he stirs up wars in germany against the emperor frederick , causing them to elect the landegrave emperor , who refused it , , , , . the emperor layes wait to seise all monies coming from england to the pope or his corrivals , , . his hypocritical statutes concerning the pretended relief of the holy land , and letters to the freers minors to collect it ; to enquire of the goods of all persons dying intestate ; of all usurers and others goods ill gotten , of goods left upon testament undevised , or to be distributed to pious uses , according to the executors discretion , and levy them by ecclesiastical censures for his use ; to compound for monies with excommunicated persons , and those who had taken up the crosse , , . he granted a priviledge for a vast sum of money to lambert de muleton , not to be excommunicated for any offence by any person , but by the popes special command , . his sophistical delusory priviledge to king henry , that he would grant no provision of ecclesiastical benefices in england , to any italian , cardinal or kinsman , unlesse he or his cardinals should intreat the king with importunity to assent to the provision , , . the kings writs that all bringers of this popes bulls of provisions to benefices , or for collections of monies , to the impoverishing of the realm , should be seised on , imprisoned , and the ports kept that none should be brought in , . his priviledge granted to the new abbot of westminster , at the kings request , to celebrate masse pontifically , and give the benediction solemnly to the people when agnus dei was sung , . his bull to the abbot of cluny , who brought his house in debt by the great gifts bestowed on him , to collect one years disme from all of his order on this side the alpes , notwithstanding the contradiction of any ordinary , whereof he was to receive marks to his own use , and the abbot the residue ; king henry by writ seised all the money thus collected in england , , . a prohibition to his delegates not to molest the kings clerk , , . his provisions odious in england , yet the king approved of one at the instance of two of his clerks , . his intollerable depredations in france and england , ibid. he sends freers minors into england , armed with terrible bulls , to extort monies from the english prelates and clergy under severe penalties , which they concealed from the king , who demanded no lesse then marks out of the bishoprick of lincoln , and marks from the abby of st. albans , for the popes use ; which the abbot refusing , was enforced to pay and expend upon appeals above marks , besides other daily extortions ; which the king summoned a parliament to prevent , from which the bishops cowardly absented themselves , , , , . he sent likewise freers minors severally to all the bishops of france , to beg and borrow monies of them , which the king prohibited them to grant , under pain of forfeiting all their goods ; whereupon his sophistical legates departed thence with hissing and derision , . he dispersed several legates into scotland and ireland to collect monies , . his cardinals compelled him to revoke his decree of intestates goods , by reason of its general scandal , and the damage it did to many against law , . an unsatiable carybdis , . he authorized his freers by bulls , and their delegates to interdict , excommunicate archbishops , bishops without any appeal , notwithstanding any priviledge , if they opposed their exactions , or refused to contribute to him according to their faculties , , . he attempted by all means to ordain the archbishop of ardmach , which the king endeavoured to prevent , by authorizing his chief justice to give his royal assent to the election for that time , . he sent martin his chaplain into england , with the power , not title , ensigns of a legate , to elude the kings priviledge , and fish for mens goods , possessions , not souls , , . he taught princes , laymen the way to mutilate and revoke the possessions they had given to the church , by non-obstantes , . excommunicated those prelates , abbots and others , who refused to provide liberally for his nuncioes , whom he impowred to enquire of vexations of provisors , all alienations of lands , churches , and symoniacal contracts made by prelates , clergymen , or religious persons ; to revoke them without judgement or noyse , and notifie them to him , that he might proceed against them according to the quality of their offences to get money ; and to excommunicate , suspend , interdict all opposers , notwithstanding any priviledge or appeal , , . the king summons another parliament to advise how to redresse these manifold and frequent extortions , exhausting the kingdoms treasure , bringing no good , but much detriment to the church , and very displeasing to god ; summoning the bishops specially to it , frequently impoverished by them , who all most basely condescended to a contribution of marks to the pope , which some of them before resolved to oppose , being so frequently worried , tyred with the popes agents vexations when they opposed them , which act rendred all the clergy suspected to the kingdom , . he sent a cardinal legate to crown and anoint haco king of norway , denmark and sweden , in whose entertainment the bishop of norwich spent marks , besides other presents : for this coronation the pope received marks sterling , besides rich presents to the legate , and marks extorted by him from the churches of that kingdom , . he sold bishopricks , and canonizations of saints for money , . granted croysadoes , dismes to richard earl of cornwall , and william longespee , whereby vast sums of money were collected by rapines , injustice , by his nuncioes , wherein he shared ; he suspended patrons from presenting to their benefices , never heard of before , to preferre romans to them , or satisfie his avarice ; filled germany with wars , preyed upon france and england , whereby he and the court of rome became infamous , , , , to , , . the french peers , king conspire and enter into a confederacy against his and the prelates exactions , excommunications , encroachments on their rights and liberties , , to . his citation of the abbot of abbendon to rome , for his contempt in denying to present a roman his provisor to a benefice of the abby , and presenting another by the kings command ; for which though old and infirm , he was forced to go to rome , and after much vexation , expence , to give the roman a pension of marks a year , to the great prejudice of his church , , . he vacated the monks election of the abbot of st. edmunds , without just cause , to insnare him in the net of his unmercifull mercy ; and then to content the grieved monks , out of his meer grace confirmed him their abbot , so as he entred into bond to pay marks to his designed merchant ; which he forced to do , dyed of grief in his return thence ; which oppressions made the court of rome infamous , and drew the plague and gods wrath upon it , . he commanded the bishop of clon , elected without the kings license , to be consecrated , without his assent , contrary to his royal prerogative , . his bull to exempt the kings free chappels from episcopal jurisdiction and excommunications , , , . thrusts his clerk by a provision into the church of eneford , belonging to the kings presentation by vacancy of the archbishoprick of canterbury , to which the king presenting his clerk , he took the examination of the cause into his own hands , giving judgement against the kings clerk , not considering the kings right , commanding his delegates to eject him , and put in his provisor ; which tending to the hurt of the crown , and the kings great enormous disinheriting , he sent his proctor to him to plead his right , and prohibited his delegates upon their allegiance , not to attempt any thing to his or his clerks prejudice , under pain of seising their baronies , , . his detestable infamous avarice , symony , usuries , abuse of croysadoes , and promoting them by freers , which scandals rendred him and his papelins odious , and made the devotion of many to wax cold , , . his infamous priviledge to the bishop of norwich to extort monies ; and mouse-traps to catch such who took up the crosse , . his grant of a croysado to the french king , upon condition to give him power afterwards to extort as much thence against the emperor frederick ; the horrid crying extortions used therein ; gods curse upon those rapines , by the total overthrow of the french army , and taking their king captive by the saracens , which caused many christians to apostatize , utter blasphemies , and almost ruined france , , . the kings prohibition to put a dean into st. carantoc by his provision , belonging to his presentation by the vacancy of the bishoprick of exon , . the templars and others appeals to him against bishop grosthead , who by money given to the pope , purchased his favour and exemption from the bishop to his shame ; who cryed out thereupon , o money , money , how potent art thou in the court of rome ! the popes indignation thereupon , , . his letters to grosthead upon the kings complaint , to absolve the kings sheriff and officers from an excommunication against them , for executing the kings writs , . he favoured archbishop boniface in his rapines and oppressions , , . his new decretal concerning archbishops and bishops visitations , procurations , against exactions , visitation oaths and coactions , by which archbishop boniface intended to visit his province , , . his letters for nulling and reversing the archbishops sentence of excommunication against the chapter of pauls and bishop of london , upon an appeal against it , , . his detestable provision to a bastard and illiterate foreigner , against right and piety , to the church of westele , decreeing all acts attempted against it voyd , to put his proctor into , and keep him in possession of it , removing all others , excommunicating all opposers without any appeal , . his request to king h. . to remove to burdeaux , and from thence to passe into england , to fleece , corrupt it in person worse then his usurers or nuncioes : he for money hindred those who had taken the crosse to ayd the french king , absolved them from their peregrination , sold them to earl richard and other nobles , as the jews used to sell oxen and doves in the temple ; whereat the english were highly offended with him , , . archbishop boniface goes to his court in person , to fortifie himself against his suffragans and their appeals by his papal authority ; he and the court of rome being shaken like a reed with winds hither and thither , by money intervening , , . his provision to , and vexation of the abbot of st. albans , , , , , . he courtenanced the bishop of winton against the king , for which he obliged his bishoprick to him in unestimable debts , . he confirms e●b●lmar though unfit in the bishoprick of winton , for money , gifts ; licensing him and other bishops for money to retain all their former benefices , rents , promotions together with their bishopricks , , , , . he preferred by provisions any unfit , scandalous , illiterate persons , covetous romans , and others contemners of souls to bishopricks , benefices , for money , for which he was by gods justice deservedly expelled from rome , forced like cain to wander from place to place ; he trampled england more vilely under his feet , where religion most flourished , oppressed , spoyled it more then any other nation , when no english men had any preferment in italy or other realms ; whence they prayed the god of vengeance to whet his sword against him and his nuncioes provisions , and make it drunk in their blood , . he oppressed the church of god more then all his predecessors , not considering the scourge of god upon him , . his unchristian practises and innovations , in setting up and openly protecting usurers in england , against the old and new testament , condemning usury , suffering them to dwell amongst christians ; in conferring benefices by provisions for money on barbarous romans , who never came into england , nor took care of the peoples souls ; in erecting many orders of freers , and imploying them to promote , collect his rapines , taxes , croysadoes , armed with many papal powers ; and licensing them to purchase great possessions against their vows , orders ; yea disturbing all christendome with wars , out of malice and hatred against the emperor , to the danger of the universal church and christianity , , . he induced peter de vinea by great bribes , promises , to poyson , destroy the emperor frederick , who most confided in , and imployed him ; his exclamation against the pope for his treachery and persecutions at his death , , . by pope innocent gregory . and his excommunications , wars , persecutions , depositions of the emperors otho , and frederick , the imperial soveraignty withered away , . his implacable malice to the emperor , . his exemption of the kings houshold clerks from payment of first-fruits , granted by him to archbishop boniface , . his non-obstantes made presidents for king henry to avoyd his charters , . the more potent he was , the more grievous to oppresse , . his papal balls , provisions frequently contradicted by bishop grosthead , who said he should satanize if he obeyed them , . he summoned the dean and chapter of pauls to appear before him , at archbishop boniface his suit , from whose sentence he had absolved them , . the abbot of westminster , his chaplain , attends long in his court , bound in great debts for him to quell the monks , who were backed by the king , whose foundation it was , , . prelates and religious persons reduced to extreme servitude by him , all their former priviledges subverted by his detestable non-obstantes , . his strange provision of foreigners to st. albans ; he became a stepfather , and the church of rome a step-mother to england , alienating their hearts from them by intollerable contempts , injuries , oppressions , persecutions , . he granted king h. . a disme for three years towards his voyage to the holy land , only to spoyle well-affected christians of their monies by this pretext , which the prelates oppose , , , , , , , , . his indulgences granted to those who took up the crosse , . the pope and king assist each other in their rapines , oppressions , tyranny , exactions , which exasperated most mens hearts , stirred them up generally against the church of rome , extinguished the fire of devotion towards , and caused a defection of their hearts from her , , . many schoolmasters for great sums of money got licenses from him not to reside upon their benefices , or take orders , under pretext of teaching school , which grosthead oppugned , . his bull for augmentation of small vicaredges out of religious houses , impropriations , , . he sent albert his nuncio to prohibit king h. to invade france , and also to engage his brother richard to spend his treasure to gain sicily and apulia for the benefit of the church of rome , who refused the popes proffer of it to him ; whereupon he conferred it on king henry and his sonne edmund , who indiscrectly embraced it , investing him therein with a ring , cheats them of infinite sums of mony , , , , , . letters , procurations concerning it , , to , , , . the rents of alien clerks benefices , provisions in england under him , amounted to more then marks a year , the kings annual revenue not arising to the third part thereof , . his letters giving some relaxation of provisions in shew , with power to tear his and his agents letters to the contrary , , , he approved bishops elections in ireland , . king henry payes him the arrears of the annual tribute , and constitutes a proctor in his court , . the archbishops suffragans agent gave this pope marks to moderate his intollerable visitation of them , . his decree concerning visitations and procurations , , . his letters to st. augustines canterbury , that the archbishop should not disturb the abbot or covent by visiting , suspending , or excommunicating them , which the archbishop with indignation burned , before he had scarce read them over , . his several bulls of priviledge granted to this monastery , concerning procurations , provisoes , the rules of their order , the consecration of their abbot , purchased with great summes of money , , , . the kings letters to him on the behalf of the bishop of cicester and his chaplains imployed in collecting the difmes , to provide competent livings for them , . to excite all other christian kings to joyn with him in assisting the holy land , . his injunction to bishops , to visit all abbots and covents in their diocesse , and to observe certain impertinent orders of st. benedict : the monks to redeem themselves from this tyranny , gave the pope l. of sterling money . , others appealed to him , and so prevented the visitation : his intollerable rapines , hypocrisie , tyranny , avarice , provisions , simony , oppressions , bulls , non-obstantes , , . bishop grostheads notable epistle to , invectives against him , and his court of romes detestable corruptions ; as being worthy of eternal death , antichrists , judasses , yea worse then the murderers of christ ; for which he suspended him his bishoprick , resolved to excommunicate , dig up , burn his bones , and proclaim him an heretick , infidel , rebell to all the world , , to . his dreadfull dream ; grostheads ghosts apparition , speech to him , summoning him before christs tribunal , smiting him with his pastoral staff on the side , and pricking him to the heart , whereof he dyed , , . ( see grosthead , index . ) his hatred , wars , interdict , excommunication , slanders against conrade , as an heretick , infidel , persecuter of the church : with his poysoning , lamentation , and speeches against this step-father of the church at his death , , to . his great rejoycing at the death● of conrade and grosthead , . his own terrible vision , death soon after , , , , . his bull for dispensations with pluralities of benefices , against councils and canons , made only for popes to gain money by dispensing with them , , . i. iohn . endeavoured to break the election of bishops and abbots by covents , to reserve their donation to himself , . m. leo . his decree against lay-princes and judges , punishment of priests concubines , p. , . archbishop stephens flattering oration to him and the council of lateran , concerning the sublimity of popes power above all powers both in heaven and earth , p. , . lucius : his priviledge to st. athans , appendix . n. martin . his epistle to king edward . demanding . years arrears of the marks rent for england , and ireland , granted by king johns charter : his death , , . o. nicholas . his approbation of st. francis wounds , and blasphemous book of conformities , p. . nicholas . his letters to king edward . demanding . years arrears of the annual summe for england and ireland , granted by king john , due in his own and his predecessors papacy , which he paid , having extraordinary use of his favour ; the last rent of this kinde ever paid by him or his successors to the pope , , . p. paschal . his confirmation of the priviledge of investitures by a pastoral staff and ring to the emperor h. . by an irrepealable statute , oath , anathema , charter , and of his clergy standing by ; most perfidiously renounced , repealed by him the very next year , and nulled in a council as a praviledge , not priviledge , extorted from him by force and duresse , . paul the . dr. marta his dedicatory epistle to him before his treatise of jurisdiction , stiling him christs vicar upon earth , out of whom all other jurisdiction springs , the only pope , emperor , king of the world , and supream lord of all princes , persons , things , p. . s. sixtus . authorized the blasphemous office of the conception of the virgin mary without original sinne , p. , . silvester : constantines pretended resignation and donation of rome , and the empire of the world to him , and adoration of him as christs vicar , a forgery , p. , . v. urban . his decree ; that subjects who have sworn fealty to a christian prince , are bound by no authority to keep it , if he oppose god and his saints , and trample their precepts under feet ; whence gregory . absolved all the emperor fredericks subjects from their oath of allegeance to him , excommunicated , and deposed him , . urban . absolved king henry . from his oath , inviolably to observe the barons ordinances made at oxford , which be most easily impetrated by his letters and proctors sent to him for that purpose , , , , . he grants the kingdom of sicily to charles the king of france his brother for . generations , upon condition to expell manfred , cheating king h. and edmund his sonne therof , to whom his predecessor gave it , investing him thereof with a ring , . the kings letters to him and his cardinals against his and his predecessors provision of the prebendary of fenton , given to the cardinal of praenesti his nephew , to the prejudice of him and the rights of his crown , against the state and antient custom of the realm , which neither he nor his nobles , kingdom , could or would suffer , it belonging to his presentation by his antient prerogative by the vacancy of the archbishoprick of york , by which he had conferred it on john mansell his clerk , whose fidelity he justifies against false suggestions ; he and his cardinals endeavoured to deprive and dispossesse him thereof ; his letter to his nobles to engage with him in the defence of the rights of his crown against this papal usurpation , his prohibition concerning it , , , , , . his letters to him not to restore adomar to the bishoprick of winton , to prevent discontents and perils to the realm ; the nobles being generally incensed against him , . a prohibition against suing for a pension in the ecclesiastical court by his papal authority , contrary to law , and the kings crown and dignity , . the kings writs to all bayliffs of the ports , diligently to search , inquire after all italian clerks , laymen and others , who brought any of his papal bulls , letters , prejudicial to the king , kingdom , and to arrest their persons , letters , bulls , . the kings congratulatory letters to him for his advancement to the papacy , and his complemental letters received from him , , , , to absolve him from his oath to observe the provisions of oxford , prejudicial to his crown , kingdom : his letters to his cardinals to promote it with other affairs of his realm , and to preserve the rights of his crown against the barons and their oxford provisions , for which he constituted , sent proctors to rome , , , . the appeal , complaint of the king , kingdom , nobles , against the antimonarchical constitutions of archbishop boniface and his suffragans , to the great prejudice and grievance of his crown , kingdom ; proctors constituted to repeal them as grievances , and provide remedies against them , , , , . the kings prohibition to draw any of his subjects to the court of rome out of the realm , , . his letters to him in behalf of an abbot elected , approved by him , to promote his affairs , . the kings suit to him to send a legat into england to assist him against his bishops , barons then in arms against him : his safe conduct , and letters to the legate how to proceed against them : his excommunications of , proceedings against the barons , bishops , and their adherents , , , , , to . he said he desired to live no longer then to subdue the english barons , against whom he was much incensed , . his bull for dissolving all their statutes , leagues , confederacies against the king directed to the bishop of norwich , and roger abbot of st. augustines ; his excommunications to be denounced against them with bell , book , candle , in all conventual and other churches on all lords dayes and holy-dayes , , , . his death before their execution , successors pursuit of the premises , , . index . of the popes cardinals , matters concerning them , letters to , from , and negotiations with them , by our kings , nobles , and others . cardinals the nobler members , pillars of the roman church , . they claim the papal power as devolved to , residing in them during the vacancy of the see of rome : grant , recall provisions , p. , . see mat. westminster , an. . p. . they elect the pope , , , , , , , . their delayes , schisms , discords , supplanting , poysoning each other in electing popes , , to . . they present to vacant churches against right , . , . some of them disliked , opposed the proceedings of popes , and corruptions of the roman church , , , , , , , , . imprisoned , plundered by the emperor frederick , for their treasons , rebellions , schisms , obstinacy , in resorting to a council by sea , to depose him , against his acvice and prohibition , , , , , , , , , , . counsell , advise , order causes , sit in judgement , joyn in censures , bulls , subscriptions with the pope , who stiles them his brethren , , , , , , , , , , , , , , , , , , , , , , , appendix . enforced pope innocent . to reverse his decree for intestates goods , as belonging to him , for its scandal , injustice , . pensions granted , presents sent to several of them and their nephews by our kings to promote their affaires in the court of rome , , , , ● , , , , , , , , . letters of the emperor , king henry . our nobles , others , to all the cardinals in general , concerning publike affairs , grievances , oppressions , or for particular persons , , , , , , , , , , , , , , , , , , , , , , , , , , , , , . letters of king henry . and the nobles to some particular cardinals , concerning publike , or private affairs , , , , , , , , , , , , . they ought to oppose , restrain popes excesses , . their covetousnesse , corruptions , rapines , bribery , simony , injustice , pride , tyranny , , , . see index . pope gregory the . his cardinals demand a share in the annual rent for england and ireland by king johns charter . letters concerning it , , . the names , actions of the particular cardinals in several ages herein mentioned , , , , , , , , , , , , , . , , , , , , to , , , , , , , , , , , , , , , , , , , , , , , . appendix . pope gregory disowneth john columpna for a cardinal , for opposing his breach of the truce with the emperor frederick , who also disowned him for pope , . his epistle concerning the rapines , corruptions of the pope , church of rome , revolt of the greek church , &c. , , . taken , detained in prison , his castles demolished by the romans for seeming favourable to the emperor , , . the richest , greatest of all the cardinals ; chief fomenter of the differences between the pope , emperor , his pride , death , . robert summercote , and english cardinal , reprehends simon a norman , for telling the pope , the king of england trusted strangers , because no english man was faithfull to him : the eminentest of all the cardinals ; like to be elected pope , poysoned during the election , to prevent his choice , , , . index . of popes legates , nuncioes , real , sophistical , sent into england , scotland , ireland , france , other kingdomes , countries ; their general and particular names , rapines , avarice , pomp , pride , frauds , inventions to extort , gain monyes , kingdoms , for popes , wealth , promotions for themselves , their clerks , kinred by hook or crook , by infamous bulls , provisions , procurations , croysadoes , disms , dispensations , excommunications , interdicts , appeals , citations to rome , absolutions , exemptions , non-obstantes , blank bulls , and other devices , mentioned in this tome . popes legates , with the titles , ensigns of legates , others with the power of legates or more without the title , badges , sent successively into england , wales , iceland , france elswhere , to publish popes excommunications , interdicts , bulls , croysadoes , disms , suspentions , citations , mandates , &c. to and against emperors , kings , princes , bishops , abbots , priors , and all sorts of persons , to exact , collect monies , pillage sacred churches , monasteries , mansions founded by our devout simple ancestors for relief of the poor , strangers , and sustentation of religious persons ; invade empires , kingdoms , which popes ambitiously aspire after , though base , ignoble ; to enthrall them , emperors , kings , nobles , all others to their tyranny ; raise up wars , seditions , schisms , in all places , to reap where they never sowed , casting the shame of the world and fear of god behind their backs , but not to sow the seed of gods word to gain souls to christ , , , . . the english nobilities , commonalties , clergies general insurrections and petitions against them for their unsufferable rapines , vexations , oppressions , disposing their prebendaries , benefices to alicus by papal provisions , , , , , , , . pope gregory the . and innocent . some of the first popes who sent abroad legates , nuncioes , letters , to summon general councils , the antient prerogative of emperors ; & that to excommunicate , deprive the emperor , who prohibited their meeting , , , , . the king of france , and richard earl of cornwall imployed them to raise moneyes , and dismes for the holy land ; the extortions , exactions therein , and sad issue of them , to the irreparable dammage of france , england , and scandall of christianity , , . the antient priviledge of the kings of england and scotland , that no legat à latere should come into any of their dominions by the popes mission , unlesse at the kings special instant request to the pope : who eluded this priviledge , by sending nuncioes , chaplains , clerks , freers minors or predicants into their realms , with the full power , not titles or ensigns of legates , , , , , , , , , , , , . some irish bishops without the kings privity endeavouring to procure a legate to be sent thither , the king upon notice there of by his chief justice and others , writes to the pope to send no legate thither against his will , . pope gregory the th his legare imprisoned for stirring up sedition in lombardy against the emperor , , . three legates , with sundry archbishops , bishops , taken by the emperors galleys going to a council upon pope gregory the th his summons , letters of encouragement , against the emperors advice and inhibition , to depose him , confiding in the strength of their conductors ; the popes authority , and emperors disability to hurt them being excommunicated , , to . a ▪ albertus : innocent the his notary , prohibits king henry to infest any of the french kings lands however possessed , whiles crossed , imployed in his holy wars , . . profers the kingdom of apulia , sicily , and calabria , to richard earl of cornwall , to drain his treasure ; reports his answer , refusal of it to the pope , , , . acquires many benefices in england , then returns , . p. albinensis , sent to the emperor frederick by pope honorius to take his engagement to go to the holy land , and denounce him excommunicated if he went not , . alexander , a freer minor , armed with many formidable papal bulls , covering his wolvish rapine with a sheeps skin , his and his companions rapines , pride insolency , , . see john. archbishop of messana , a freer predicant , sent into england by pope alexander with great pomp , and many attendants at the bishop of rochesters sollicitation , to relieve him against archbishop boniface his oppressions ; and about the businesse of sicily : returned with rich rewards , , . ardritius primicerius , pope martin the th his chaplain and nuncio in england to receive his arrears of the annual tribute , , . arlot , or herlot ; pope alexander . his nuncio in england , sent for by king henry . to excoriate it with new papal taxes ; the popes notary and special clerk , wanting the name , not dignity , power of a legate : his pomp and attendants , , . demands an infinite summe of money of the king for apulia , for which the pope was obliged to his merchants , , , , . the kings and parliaments answer to the pope concerning arlots proposals , , , . the king bestowes an annuity on his nephew : which the pope writes to him to continue for arlots good affection to and service for him , , . his nephew preferred to ouston church : the kings writs to keep him in quiet possession of it , , . the custody of sundry wards and their lands granted to another of his nephews , . b. beraldus albanensis , a cardinal , sends his chaplain to collect procurations in ireland , ( where he seems to have been legate ) the kings writ to his justice , officers to assist him therein , . berardus de nympha : comes armed into england with pope innocent the th his bulls to collect money from the cruce signati for earl richard , his rapines , injustice therein , , , , , . popes blank bulls found in his chest after his death , containing manifold machinations of the romans , to debase and oppresse england , . b. presbyter cardinal tit. sanct. johannis & pauli , popes legat in france , king henry the d. his complemental letter to him to prohibit any injury to be done by the crucesignati against the albigenses to any of his subjects , . c. cincius , a roman clerk , canon of paul , taken , imprisoned by the barons and people making an insurrection against them and the popes agents , for their intollerable oppressions of the english , , , . d. durandus , a templar , sent with pandulphus by innocent . to reconcile the exiled bishops to king john , their insolent speeches , deportment toward king john , see pandulph . , to . g. godefridus , gifridus de vezan● , a clerk of pope martin the . his chamber , his nuntio to king edward . to demand , receive the arrears of the annual tribute granted by king john , , , . sent legate into scotland by innocent . only to attract money thence , . gualo , or walo , a presbyter cardinal of s. martins ; his arrival in england ; joyfully received by king john , excommunicates lewes and all his adherents with bells and candles at gloucester , and simon de langeton , who appealed against it as null , . king john placed his chief hope of resisting his enemies in him , ibid. is very active in setting up , crowning king h. . after his fathers death , causing him to do homage to the church of rome and pope innocent , for england and ireland , and to swear faithfully to pay the annual rent for them which his father had granted so long as he enjoyed those realms , , , , . caused lewes to be solemnly excommunicated every holyday & lords day with ringing bells , and candles , till he made peace with king henry , and departed the realm , , , . vpon what conditions he absolved him , ibid. he deprived simon langeton archdeacon of canterbury , and gervase de hobr●gge , ( who obstinately adhered to lewes and the barons , and celebrated divine service , mysteries to them and the londoners after their excommunication ) of their benefices , for which they were compelled likewise to go to rome , , . he sent inquisitors through all provinces of england , suspending , depriving them of their benefices for the smallest faults , & adhering to the barons , bestowing their livings on his own creatures , clerks , enriched with others spoyls . received marks from hugh bishop of lincoln , and vast sums from other bishops and religious persons , canons , exhausting their purses , and reaping where he did not sow , to make one grand heap out of many portions : which the king then an infant was forced to connive at , , . he bare sway in king h. . his counsils , who sealed some writs , patents with his seal before his own seal mades and usurped on his crown during his minority without opposition , . sent for the bishop of waterford into england to help consecrate the bishop of carlisle , . his ordinance concerning restoring the alienated impropriations to the bishoprick of k●rliol at the kings request , . . sent into france by pope innocent to prohibit the french kings invasion of england after king johns surrender of his crown to the pope , as st. peters patrimony ; who denyed it , and sent lewes into england notwithstanding his menaces of excommunication , , . the kings letters to him at rome after his return , rendring him thanks for setling the peace of the realm , and craving his assistance to the pope to encourage those who were faithfull to , and excommunicate such who rebelled against or detained his castles , lands ; which was effected accordingly , , to . guido cardinal , bishop of st. sabien , sent by pope ●rban the . to the emperor to take his obligation for his voyage to the holy land ; denounced an excommunication against him if he went not , . arrived in england at the kings request to excommunicate the barons , and others , then in arms against him ; the king ▪ safe conduct to him and his , . an arbitrator with the king of france between the king and barons concerning the reformation of the state of the realm of england , , . the king sent simon de montsort to him concerning that affair , desiring his safe conduct in going to and returning from him , . the king sends to him to proceed by way of clemency , rather then rigor , , . he dares nor enter england for fear of the barons : cites some of the english bishops to ambian first , then to bullen , he denounced a sentence of excommunication against the english barons in arms , & the city of london , to be pronounced with sounding bells , and candles , which he committed to some bishops and other nobles present to execute : the barons , londoners appeal against it , as unjust , to the pope , to better times , to a general council , and to god the supreme judge ▪ which appeal was afterward ratified , executed in england by the bishops and clergy in the council of reading , . his interdict of them , intercepted at dover by the citizens , taken from the bishops , torn in peeces , and cast into the sea in contempt , ibid. he dissolved the barons statutes , leagues , confederacies against the king , absolving all from the bond of the oath taken to observe them , , . he returned to rome after his excommunication and interdict denounced , . sent popes leg●t to the kings of denmark , sweden , and norway , to crown and anoint him , received many gifts , procurations from bishops , abbots , priors in passing through england thither , staying here . moneths , without resuming the covetousnesse of the romans ; cost the bishop of norwich alone marks in gifts and entertainments : received marks sterling for the pope from the kings of denmark , norway and sweden , many rich gifts for himself , and extorted marks from the churches of that realm , . i. iames bishop of bononia specially sent into england by pope alexander the . to invest edmund in the kingdom of sicily with a ring , , , , . the kings oath and obligation taken before him to perform the hard conditions upon which the pope granted sicily to his sonne edmund , ibid. his obligation to him in l. turon , and writ to pay it out of the crosse-money , . james , the popes chaplain and penitentiary ; the kings patent to his justice , nobles and others in ireland to receive him with the honor and reverence due to the popes legat , to advise , assist him ; require his counsil and advise , if any new things hapned there touching the king or state of the kingdom , . john de diva , an english freer , , an hypocritical , sophistical legate , armed with many papal bulls to extort moneyes from the english for pope innocent the th . under dreadfull penalties and fulminations : he exacts marks only out of lincoln diocesse , grostheads answer to him , , , . his exactions at st. albans appealed against who demanded marks notwithstanding the appeal , to be paid within ▪ dayes , under pain of excommunication and interdict , which the pope upon an appeal caused them to pay ; his extraordinary extortions , violent proceedings , notwithstanding all priviledges exemptions , cluded by non obstantes , and new powers from the pope , , , , . the popes pull to him to inquire of all lands alienated from churches , monasteries vexations by provisors , all simoniacal contracts for livings , to seise them to the popes use ; and excommunicate , interdict all opposers without appeal , , . his depredations , extortions , ibid. . john ferentinus , pope ▪ innocent . his legate in england , holds a council at redings , exacts much money , and then returns to rome , . john de frussyn , popes clerk , nuncio into ireland , to collect money for the holy land , and absolve such who laid violent hands on clerks ; the kings writ to the chief justice to receive him ; yet commanding to suffer him to exercise no other legatine power till further order , . john de kancia , pope urban the . his nuncio into england to receive the arrears of the marks rent , . john ruffin , or rufus , sent by martin , and pope innocent . into ireland , to collect monies there , without the title , ensign , but power of a legat ▪ he extorts marks from the clergy there , notwithstanding the kings prohibition , , . john sarracenus , dean of wells , popes collector of disms , and dispenser of his provisions , , , . john , a cardinal priest of st. stephens in mount caelius , popes legat in ireland , unites the bishoprick of lismore to watersord , p. . the kings appeal to him against the suffragans of ardmachs attempts to deprive him of his antient prerogative of granting licenses to elect their archbishop , and confirm him when elected , . m. mansuetus : pope innocent . his chaplain , and penitentiary , sent to k. h. about the league with france , the kings applause of his meeknesse , diligence , . marinus : pope innocent . his chaplain , another martin , sent into england to fish for mens goods , not souls , in the sea of this world , having the power , not title of a legate , to deceive the king , . martin ; pope innocent the his sophistical legate , without that name , ensign , but with an infinite large po●er , sent into england to extort moneyes , armed with bulls to excommunicate , suspend , and by manifold ways to punish all , as well bishops , abbots , as others , who opposed his extortions , rapines , provisions of benefices , rents to the use of the popes clerks and kinsmen , , . he ravenously writ for , extorted gifts , garments , palfreys from them , suspending those who refused , though upon reasonable excuses , till satisfaction , , , . seised upon and bestowed the treasurership , rents of sarum on his little nephew by the popes provision , in despite of the bishop , dean , chapter , to the cordial grief of many , , . . his intollerable rapines , provisions , excited the king , nobles against him , who write letters to the pope to redresse them , , , . he twice summoned the english bishops and clergy for a contribution to the pope , and their mother the church of rome against the emperor ; their answer to him , and kings prohibtion ; to them not to grant him any ayde , under pain of forfeiting their baronies , , , . his intollerable extortions and suspending all to present to benefices of marks value or upward , till his and the popes covetousness was satisfied ; the english men bore heavier burdens under him , then the israelites susteined in egypt , . the kings memorable prohibitions to him against his intolerable provisions , rapines ; who perseveres in them with a stony heart notwithstanding , . the cinqueports garded , to interrupt the popes bulls , provisions sent to him by many execrable means , his messenger imprisoned in dover castle , but released upon his complaint by the king , . the kings prohibitions by advise of his nobles to all the bishops in england , and chief ▪ justice in ireland , not to suffer him or any other nuncio to collect any moneys for the pope , or conferr any benefices without his privity and consent , , . the nobles message to him in behalfe of the whole kingdome to depart the realm within . dayes , else they would hew him and all his in peeces : the kings answer to him thereon , wishing the devil to take him , demanding his protection against the nobles fury : his speedy , timorous flight , and shamefull retreat out of england , , . his complaint to the pope against the english for casting his nuncio so ignominiously out of england , whence he and the romans extorted no lesse then marks a year by provisions and other exactions , . he accuseth the abbot of burgh in the council of lyons to pope innocent . for opposing a provision . for which he was disgracefully cast out of the popes palace , and dyed of grief , . the complaint of the nobles and vniversality of england against him in their letter sent to the pope in that council , as having , exercising greater power then ever any legat had or used before , without the name of a legat , and of his new unreasonable suspentions of presentations , provisions , rapines , , . n. nicholas bishop of tusculum , a cardinal legate à latere from innocent . into england , at king johns request to reconcile the crown and miter , curbe the power , rebellion of stephen archbishop of canterbury , and the barons rising against him ▪ king johns writ , messengers sent to meet and entertain him : his pompous reception entertainment with processions , psalms , in all cities churches , . the speedy increase of his horse from . to , besides his other family : his penance enjoyned the townsmen of oxford for hanging . clerks by the kings command , . he deprives the abbot of westminster , and two more for dilapidations and incontinency , placing others in their rooms , , appendix . his treaty with king john , and award of dammages to the exiled bishops , , . king johns infamous charter of resignation of his kingdoms , annual rent , homage , fealty to the pope , extorted by , delivered to him before the release of the interdict , , , . pope innocents letter to him concerning the filling of vacant churches with worthe persons canonically elected , faithfull to the king , profitable to the kingdom , with the kings consent ; his filling them and all vacant benefices , with unworthy persons , his own clerks , without the archbishops , bishops , patrons assents ; suspending clerks at his pleasure , summoning them to appear before the pope to their intolerable grievance , expence ; his tyranny therein , , . holds a great council at pauls concerning the bishops damages , releaseth the interdict by the popes letters for that purpose , , . the king grants him the custody of the abby of st edmunds , except escheats and vacancies of churches : and a protection against disturbance therein , . grants a safe conduct to an italian at his request to come into england , upon security given that no hurt should accrue to the king or kingdom by him or any who came with him , . his answer to abbots and others not mentioned in the popes bull who required dammages during the interdict , . a writ to him to deal mercifully with such clergy-men who lesse offended in communicating with , obeying , or receiving any benefice from the king during his excommunication , interdict ; and not to inforce all of them being so great a multitude to go personally to the pope for absolution , , the kings letter to him to confirm si places , the abbot of bur●on duly elected , and approved by the king , , . he confirmed the election of the dean of sarum to the bishoprick of durham , without and against the kings or popes assent , out of zeal , without knowledge , , . the kings writ to him as popes delegate , concerning the union of the abby of glastonbury to the bishoprick of bath and wells , , . mr. de nogeriis , pope gregory the . his chaplain , nuncio to king edw. . to collect peter-pence , demand the annual tribute , and for other affaires of the church in the parts of england , wales , scotland , and ireland , , . o. mr. otto , pope honorius . his nuncio to king h. . his arrival , letters , demands from the pope ; for which the king summoned a general council of the clergy and laity , . he mediates a reconciliation between the king , falcatius de brent and his wife , judicially banished for treason ; demands two marks by way of procuration from all conventual churches of england , , . his demands of two dignities , and two monks portions in all cathedrals , monasteries , to free the church , popes of rome from the old great infamy , usual scandal of covetousness , great expence of money , delay of justice , bribery , occasioned by the poverty of the church of rome ; with the kings , bishops , nobles indignation at , and denyal of it , , , , . suddenly recalled by the pope , through the archbishops means , whiles collecting procurations ; he with a dejected countenance burns the popes letters to recall him , and departs england , , . otto , cardinal deacon of st. nicholus , in carcere tulliano , pope gregory the th , his legate , sent for into england by the king , without the nobles privity ; their great indignation against him for it , and archbishops dislike thereof , as prejudicial to his metropolitical authority , . his pompous reception , with processions , ringing of bells ; his great authority , receiving of gifts , disposing of vacant benefices to all who came with him , whether worthy or unworthy , . his moderation , endeavours at first to reconcile differences , to appease the indignation conceived against him , , . the king wholly swayed by his and the popes counsils ; he almost did nothing without him , and adored his footsteps : the nobles indignation , speeches against him for it , , . present in the parliament at york , to mediate a peace between the kings of england and scotland ; the charter of peace between them sworn to and ratified in his presence ; he desires leave of the king of scots , to enter as a legate into scotland , to regulate ecclesiastical affairs there as in england , who answered ; that neither in his fathers time , nor of any his ancestors , any legate had entrance into scotland , neither would he permit it , whiles he was in his right sences : but if he entred at his own perill , he must expect violence from his rude subjects , from which he was unable to protect him ; yet he knighted , and bestowed some lands on his nephew , , . the bishop of winton presented him with fat oxen , quarters of the best wheat , and tun of the strongest wine for his table : others presented him with handsome palfiyes , rich vessels , furs , vestments , and sundry other provisions of meat and drink , . he kept close to the kings side to avoyd danger ; holds a council at st. pauls in great pontifical state ; reconciles the difference for precedency between the archbishops ; some nobles and the kings proctor sent thither to command and see they acted nothing to the prejudice of the king and kingdom ; the canons against pluralities therein propounded , opposed , respited ; those for consecrating churches , oath of calumny , ( then introduced ) &c. passed in it , , to . the rapines , frauds , corruptions of the church , court of rome expressed in cardinal john columna his private letter to him , which caused the greek church to depart from the roman , , , , . pope gregories letter to recall him from england , because of the great tumults raised against him , and prevent englands revolt from rome : the king importunes the pope for his stay , as beneficial to him and his kingdom ; issued writs for his sale conduct and honourable entertainment , to all his officers , subjects , , , , . the great fray at oxford occasioned by his porters insolence , assaulted by the scholars at o●ney abby , stiled a usurer , simoniack , ravisher of mens rents , thirster after money , a perverter of the king , and subverter of the kingdom ; forced to fly secretly from thence ; his and the kings severe proceedings against the scholars for it , by ecclesiastical censures , excommunications , penances , imprisonments , almost to the ruine of the university , , to , . the scholars humble submission and penance ere they could obtain absolution , and liberty to return to oxford , ibid. lodged at conterbury in the archbishops palace , . the popes order to him to give sentence against the canons , in the case of simon montefort his marriage contract , . he cited all the abbots of the black order to appear before him , to hear the popes new command for their regulation , . churches consecrated according to his new constitutions , . he summons the bishops again to london , who refuse to pay his procurations , exactions , bidding him demand them of the king , who sent for him without their privity , . refused entrance into scotland by the king thereof the second time ; his writing under his hand and seal to the scots king , that his admission into scotland should not be drawn into consequence , who took it away with him upon his private recesse : he there collected the th . part of all prelates ●eneficed clerks goods , and sent it to the pope , . the nobles letters of complaint to the pope against his conferring benefices by provision upon aliens , and other grievances , which were like to drown the ship of the church , , , . his answer to them , with some reformation of provisions as to lay patrons , to prevent the english nations total departure from rome ; his letters to this legate , restraining his provisions to the churches of lay patrons , not of ecclesiastical and poor religious persons , unable to resist his power , , . king h. . exceeding angry with him , swears he repented that ever he called him into england , for endangering his whole realm , dissipating the wealth thereof , confounding right and wrong , and caring for nothing , but how to keep what he had unjustly gotten , refusing to part with any thing for peter saracen his own messenger , taken prisoner by the emperor , imploring the king to pay his demanded ransome , . published pope g●egories excommunication of the emperor frederick , his subjects absolution from their allegiance , and seandalous traducing letters to defame him , at pauls church , st. albans , and other places throughout england , declaring him an open enemy of , god and the church , to his great defamation and grief ; against which he vindicated his innocency , by several letters , answers , , to . he prohibited the crucesignati by the popes command , to repair to the holy land , when they had prepared for their journey , for which the vulgar sort of people mutinied and murmured much against him , , . the emperor incensed against the king for this legates collecting of monies in england , imployed in wars against him , demands his present expulsion out of england , as the emperors and kingdoms enemy , . his impudent demand of procurations for himself from the clergy , not exceeding the sum of . marks for any procuration : his shamelesse exactions , and di●●gent scraping money together for the popes use , to the kingdoms impoverishing , , . his publication of the popes bull in all diocesses , to compell those who had taken the crosse on them , and were unable or unwilling to go to the holy land , to redeem their vows by accesse to him , without going to the popes presence , for so much money as they should have expended in the voyage , which gave great scandal to christian people , complaining of these roman mouse-traps to insnare the simple , and wrest gold and silver from them , , . his exacting the th . part of the goods of aliens beneficed in england , and of the prelates , abbots , clergies goods , to repulse the pretended injuries of the emperor frederick done to the church ; the prelates refuse to pay it , as an unsupportable burden ; the desolation of the church , state of england , made a prey like a vineyard without an hedge by every roman passenger , . the emperors letter to the king of england against his rapines ; who answered , he durst not contradict the popes will , , . he summons the clergy to london by the popes authority , who deserted by the king , becoming like sheep delivered up to the bloody jaws of wolves , yielded to his intollerable exactions , though resolved to appeal against and withstand them , . he exhausted most of the treasure of england , engaged the king and english prelates against the emperor , to conquer and depose him , , . his exempting the benefices of the popes clerks & agents from dismes payd by others , . the kings prohibition to him against holding plea of a pischary , belonging to his temporal court , crown , dignity , . put to blush and silence by one convened before him , denying gregory to be pope , or head of the church , or to have the power of st. peter , being a symoniack , usurer , heretick , and involved in sundry other crimes , . the kings prohibition to him to exact the th or any other part of the benefices of his clerks attending on his service , which he could by no means endure , , . the monks of canterbury claim their priviledge before him at pauls , in the presence of the archbishop , bishops , and many nobles , simon a norman , the chief cause of this legates stay in england , deprived of his archdeaconry by the pope , . he is present at the consecration of pauls church , and confirms the indulgence of . years granted by the bishop of london to all devoutly resorting to it to pray , . joynes with peter rubeo in exacting a great tax from the prelates , abbots , to shed christian blood and conquer the emperor : the bishops and canons answers to , and exceptions against his intollerable demands ; he endeavours to raise a schisme and division amongst the clergy , to obtain his exactions , , , . he demands procurations from the cistercians , who manfully denyed them , as contrary to their priviledges , which the pope dispensed with by his non-obstante , , . the king upon his departure out of england by the popes summon● , feasted , placed him in his own royal throne at dinner , to the admiration of many , knighted his nephew , and bestowed an annuity of l. a year on him , which he presently sold ; accompanied by the king and nobles in great state to the sea side ; their solemn valediction ; how much the kingdom rejoyced at his departure ; he leaving not so much money in england when he left it , as he had drained out of it ; he conferred above rich prebendaries and benefices at his own and the popes pleasure , on their creatures ; spoyled the church of sarum and many other cathedrals , leaving them destitute of consolation ; did nothing at all for the churches benefit , demonstrated he was not sent to protect the sheep which famished , but to fleece , and gather up all the money he found amongst them , for which he was deservedly scourged by god , being taken prisoner and spoyled of all his p●cy by the emperor , , , , . he is sammoned by the pope to the council against the emperor ; animates the prelates with papal promises to resort to the council , against the emperors prohibitions and advice , whom they contemned , as unable to resist the pope , being so often excommunicated and delivered to satan by him : he and two other legates , with above prelates , taken prisoners at sea , imprisoned , spoyled by the emperor , , , , , , , . released out of prison to elect a pope , he gives his oath and sureties to render himself to prison after the election , which he did accordingly to release his sureties , , . othobon , octobon , cardinal deacon of st. adrian , pope clement the th . and urban the th . their legate into england ; marks due for seven years for the rent of england and ireland , ordered to be payd to him out of the dismes of ireland , for pope clements use , , . sent for and desired by the king to assist him against , and excommunicate the prelates , barons , for opposing and taking up armes against him : the kings safe conduct granted to him and his for their persons , goods , and exemption from all customes , taxes , wherever they should arrive or passe throughout the realm , , . he comes in red garments into england , summoned a council at westminster , then at northampton , excommunicated , suspended all the bishops , clerks who had ayded or favoured earl simon against the king , and the bishops of winton , worcester , london , chichester by name , citing them personally to appear before the pope , and all others then in rebellion against the king , , , , . the articles of peace and statutes of kenilworth between the king and barons , made at his request , , , . the kings protection and safe conduct to bishops and others in armes against him , to repair to the legate to make their compositions , and for other necessary affairs , . the bishops and barons appeal against his excommunications of them as unjust , to a general council , church triumphant , and contemn them , , . the difinherited persons in armes and others answers to his propositions , as unjustly disinherited , excommunicated , exhorting him to revoke his unjust sentence , against which they appealed to the pope , a general council , and the chief judge ; checking him for banishing the bishops faithfull to the kingdom , and usurping the profits of their bishopricks for himself , which they advised him to reform , at which he was highly offended , , . the king feasted , placed him in his own royal throne at dinner ; summons a parliament , requires ayd to subdue the barons and others , persisting in armes by force ; accused for banishing the kings natural born subjects , that this legate and aliens might more freely acquire their lands , , . he possessed himself of the tower of london , published a croysado at pau's crosse , admonished the earl of gloucester to return to his allegiance to the king , who refusing his advice , besieged him in the tower to which he fled , prohibiting any to bring or sell victuals to him , . he excommunicated all disturbers of the publick peace , interdicted all churches in and near london , permitting religious houses to say masses privately with a low voyce , without ringing bells , . the kings writ to deliver his jewels in the tower to him , and pawn them for money , . his publication of pope clement the th . his bull for a disme granted to the king to supply his necessities , to be levyed with severe penalties , relating the injuries , rebellions of the barons against him , and the necessity , conveniency of the clergies supplying him , , . he assigned persons for collecting , and auditors for accounts of the disme , ordered , disposed of by the king only as he directed , , to , , , , , . he summons a council at st. pauls london , of the bishops of england , scotland , and ireland , to reform and enlarge the former canons of otto : the canons made therein against sale of ecclesiastical sacraments and holy things ; for archbishops and bishops personal residence on their bishopricks , and discharging their pastoral duties ; against clergymens exercising secular offices or jurisdiction ; against pluralities , commendaes , clergymens covetousnesse , non-residence , and making any pluralist a bishop , , to . p. pandulphus , pope innocent the d. his subdeaton , familiar , legate to king john , persecuted alexander cementarius for pleading , writing for king john , against the pope , . sent into england to make peace between the king , priesthood , and exiled bishops ; who interdicted the realm by command of archbishop langeton and the pope : his high most insolent speeches , deportment towards ▪ king john in the face of his nobles and parliament : he absolves all his subjects from their allegiance , homages , tenures to him ; enjoyned particular bishops in england , wales , scotland , and other parts beyond the seas , to excommunicate him publickly , and all who communicated with him ; excites all to fight against him , as an enemy to holy church ; tells him , that neither he nor his heirs should from that day be ever crowned ; would not fear to tell the king all his message from the pope to his face , though he should dye for it ; called for a book and candle to excommunicate the king , for commanding some prisoners and a clerk to be executed before him ; the kings indignation against him for his insolency , , to . sent with the bishops into france to publish king johns deposition from his crown and kingdoms , its donation to the french king , and excite him to seise it by force of armes ; his private conference with , and instructions from the pope , to make an accord with king john if he consented to certain articles proposed by him , . he comes into england , decoyed king john , inducing him by threats and other indirect practises to restore the exiled bishops and their adherents , with the profits of their bishopricks , and damages sustained by their exile ; to receive langeton as archbishop , to surrender his crown , kingdoms to the pope , become his vassal , homager , tributary for england and ireland , , to . he kept the kings crown in his hands five dayes after its resignation , which the king took from his own head and put on this legates , . the kings detestable charter of resignation , homage , oath of fealty to the pope , made and delivered to him ; he named therein , , , . he insolently tramples under his feet the money which the king gave him as a pledge of subjection to the pope , . he departs with the kings charter and l. sterling into france ; prohibits the french king to invade england , being now st. peters patrimony , or king john , now his vassal , tributary ; at which he was greatly incensed , yet then forbore to invade england , not upon pandulphs prohibition , but because the earl of flanders refused to assist him in such an unjust invasion , , . the king by writ at his request delivered imprisoned clerks to him , . he carried king johns charter to rome , applauds his extraordinary humility to the pope , having never seen so humble a king , accused archbishop langeton , and much disparaged him , notwithstanding his brother simons opposition , . pope innocents letter to him and others , to publish his excommunication every lords-day and holy-day against the barons in armes against king john , as worse then saracens , , , . his execution thereof against the barons , ibid the examination of the union of the abby of glaston to the bishoprick of bath and wells , and differences between the bishop and abbot , referred to him and others by the pope , , . enjoyned with others as pope innocents delegates , to excommunicate several barons , citizens of london by name , and interdict them ; who derided , disobeyed , declamed against their excommunications , interdicts , and the pope , for abusing and exceeding his authority , : , , . bishop of norwich elect , he excommunicates the earl of albemarle , for invading , detaining the kings castles , , . his publick acknowledgement before several bishops of the kings counsil , concerning the church of acleya , and writ thereupon , . he confirmed the election of the bishop of london , approved by the king , . his and gual●'s ordinance concerning the church of new castle upon tyne , and bishop of carlisle's right to it , . peter rubeus , rubey , pope gregory the th . his exactor of a new exaction of monies formerly unheard of execrable in all ages ; exacts an infinite sum of money from the miserable english , giving an oath of secrecy to bishops , abbots , clerks , not to discover his exactions to any other , treating with every of them in private , like theeves who export oaths from those they rob , not to discover them , , . the bishops generally complain of his extortions out of their baronies held of the king , desiring his protection against them , from incessant papal tortures , by new-minted extortions , , . their and the clerg●es exceptions against his unjust demands , which they unanimously opposed , , to . he diligently and greedily exacted procurations and great sums of money , by letters sent to particular bishops , abbots , monasteries under the title of the popes familiar and kinsman , both in england , ireland , and scotland , having power to interdict , excommunicate all opposers ; concealed the death of the pope , lest the king should retain the great sums of money collected , . the kings prohibitions to him to exact no contributions for the pope , from the clerks imployed in his service , , . the emperors agent walter de ocra discovered , seised all the monies he and his companion had extorted out of england , scotland , ireland , in the merchants hands who were to return it , confiscating it to the emperors use , , , . peter saracenus , the popes agent in england , taken , imprisoned , put to a great ●ansome by the emperor , , ● . peter de supino , sent by peter rubeus into ireland to extort monies thence , with the kings permission and writ of assistance , who extorted the th part of all the clergies estates , bringing thence marks , besides rich presents , which he speedily transported , but the emperors agent met with it at last , , , . philip , m●●tins agent left behind him when he fled out of england , to extort monies , leaving his filthy foot steps for him to follow , . prenestensis , a cardinal bishop , pope gregory the th . his nuncio sent against the albigenses , hindred by the emperor , , . imprisoned for stirring up lombardy to rebell against the emperor , . r. r. cardinal deacon of st. angelo , legate in france , . pope honorius his bull to him to induce the french king not to stay k. h. . his nuneioes passage to rome , . robert de corcun , a cardinal legate in france under pope innocent . held a council at burdeaux , made sundry canons , his care to preserve the righ●s of king john and his heirs therein , , . mr. romanus , pope honorius . his legate into france , his council ; his demands of each bishop and prelate in particular under an oath of secrecy ; excommunicated all those who discovered the popes secrets ; he exacted two prebendaries from every cathedral , and the allowance of one or two monks from every monastery , to prevent the infamy of the church and court of rome for bribes , symony , and other extortions , occasioned by her poverty ; the bishops , arch●eacons , clergies answer and strenuous opposition against ●● , , , . his preaching a croysado against the earl of tho●ouse and albigenses in france , to get money , which many held unchristian , being to shed the blood of such christians who offered to submit themselves to an inquiry of their faith in every city , that he might reduce them by his exhortations , if erroneous ; he refused all peace with the earl of tholouse , unlesse he would renounce his earldom ; the king of france crosseth himself against the albigenses , and procures an inhibition from the pope to king h. . not to invade him whiles employed in this war , , . rustand , a gascoign lawyer , pope alexander the th . his nuncio to king h. . to collect a disme in england , ireland , and scotland , to the kings and popes use indifferently , notwithstanding any ●ormer priviledges or indulgences , , . received with great honour by the king , to the prejudice of the realm , . had power to absolve all from their vows for money , who vowed to go to the holy land , , . he joynes with the bishop of hereford in binding most english bishops , abbots to the popes usurers , in b●nds of , , mar. or more , without their privity or consent , for the popes use , , . he enjoyned the monks of st. albans to pay marks to him at an impossible day , to enforce them to borrow money of his usurers , besides use , expenses , the chiefest part of them being absent , under pain of interdict and excommunication , , . the bishops generally oppose , appeal against his obligations , to the pope but without r●d●esse ; he being a learned man , potent to do harm , and promoting the popes oppressions , , the bishop of londons proclamation , that none should be impleaded upon his letters or bon●s ; his complaint thereof to the king and pope ; their menaces , and his resolute answer to them , ibid. he puts the popes seal to blank schedules , writes in them what he pleased by the popes own consent , as the issue evidenced , though not credited at first , . he excommunicated , suspended all contradictors to pay the obligations in their names , justly or unjustly ; the king and rustand , like the sh●ph●rd and woolf , confederating together to undoe and destroy them , the prelates and clergy being divided , who if united might have appealed & preserved themselves , . prelates and peoples devotion to the church and pope of rome expired , by his extortions , causing their hearts to bleed through bitternesse of spirit ; many innocent persons turning as it were apostates , and renouncing the truth , through their losse of temporal goods , . the indulgences , priviledges of holy men nulled by the pope and him , as of no value ; three years dismes suddenly changed into five , as if promised ; dismes for relief of the holy land , are turned to the ayde of apulia against the christians ; men were compelled to lye and forswear themselves many wayes , prohibited from heaven in both testaments ; divers enforced to pay money at impossible dayes , to necessitate them to borrow it of the popes usurers ; prelates were sold like sheep and asses , by such sellers as were to be cast out of the temple , the cry of whose violence ascended to the ears of the god of vengeance , , . he averred all churches were the popes , not only to protect , but appropriate and dispose of ; required every clerk particularly to give his own answer to his demands , not joyntly with the rest , which made them all silent , or ignorant what to answer : he refused to alter one syllable he had written in their bonds , as borrowed of the italian merchants for the publick benefit of their churches , though apparently false , . many affirmed that they should be martyrs , like thomas becket , if they suffered in this cause ; whereupon the clergy appealed to the pope , and sent a general proctor to rome against these forged obligations , which the barons animated the prelates to resist , . pope alexander the . his bull to rustand concerning the payment of these forged obligations , and sums in them , to his merchants ; which few had courage to resist , or to joyn with , or compassionate the suffering of those who withstood them , , . he summoned all abbots of the c●st●rei●● order to appear before him , demands a vast sum of money from them , to the annual value of their wool , or more , for the use of the king or pope ; which they refusing , he caused the king to oppresse them , who would have aydes and money as well as prayers from them , , . the king grants him marks a year in prebends and benefices in his gift which should first fall voyd , . the chief collector of the dismes and crosse-money ; writs issued to him concerning it , , to , . his industry in collecting them , . the kings writ to provide a speedy passage for him at dover , upon his return to rome , . the popes grant and priviledge of sicily , with other writs and procurations , delivered to him , to be carried and delivered by him to the kings embassadors and proctors to the pope concerning that affair , and moderation of the hard conditions imposed by the pope on the king , , , , . his account of the dismes collected , and their disbursements , , , , , . accused to the pope for overmuch intending his own profit , and over-vigilantly heaping up possessions , rents , monies in england , so that he was as wealthy as most nobles , and swayed the king and bishops ▪ for which he incurred the indignation of the pope and many others , upon his return to rome : pretended himself the kings natural born subject , and principal promoter of hi● affairs in the court of rome ; gri●vously reprehended by the pope , and deprived of his former dignity , power with disgrace , , , . imployed , sent by king henry to the court of rome about his affairs , as his proctor , when he left england , , , , , , , . s. the bishop of sabine , a cardinal of rome , sent legate by pope innocent . to hac● king of denmark , norway and sweden , king h. . refused to grant him a license to enter england , till he had first sworn upon his soul , that he came into england for no detriment of the king , kingdom , or church , but only that he would passe quietly through it from the port of dover to the port of lenn , presently upon the next opportunity and prosperous winde , to depart thence to those further realms , because popes legates of what sort soever , and all papal nuncioes are alwayes accustomed to impoverish , or by some means to disturbe the realms into which they enter : after his license obtained , visit of , and free gifts from the king , he stayed here near three months , could not refrain his innate roman cove●ousnesse , but sent private messengers to bishops , abbots and priors , to send him large procurations and precious gifts ; preaching often to the people , that he might palliate all things under the shew of holinesse ; he furnished his ship ( built like noahs a●k , with many rich cabines for his entertainment ) most plentifully , with much corn , very many tuns of choycest wines , and other victuals , at the english clergies prodigality , on whom he bestowed his benediction , being enriched by them ; celebrates masse in the ship by a freer predicant , to the admiration of many , . see guido before . s●nicius , pope urban . and clement . their nuncio , proctor in england , to receive the arrears of the annual rent due from king h. . , . and concerning the businesse of sicily , . simon prenest●nsis , a cardinal bishop , his clerk collects procurations in ireland by the kings license , as a legate there , . stephen , pope gregory the th . his chaplain , nuncio to king h. . to collect the dismes promised him by the kings n●nci●es at rome , to maintain his wars against the emperor frederick ; summons all the archbishops , bishops , abbots , priors to westminster , read , the popes bull to them exacting a disme from england , wales , and ireland , who like natural children ought to relieve their mother the church of rome in her necessities ; which the king condescended to as obliged by promise ; but all the lay-barons peremptorily denyed to grant out of their lay ▪ possessions , yet the clergy submitted to it in a qualified manner , for fear of excommunication , , , . he extorted the collection of disms not according to the th . part formerly payd to the king , but at the improved value of all profits , possessions , without fraud or collusion , to be payd in a short time under pain of excommunication , and sent to the pope before autumn or harvest was over , for the corn then growing ; to enforce them to borrow monies from the foreign usurers he brought with him , on hard terms , to the undoing of many , , . t. the bishops of tusculum and sabine , the abbot of st. martins , and cardinal deacon of st. nicholas in carcere tulliano , with others , sent as legates by pope honorius , and gregory . his successor , to the emperor frederick , to admonish him to submit to their papal mandates under pain of excommunication , , . thomas , a temptar , pope gregory the th . his nuncio into england to gather monies by dispensations for vows of those who were crossed for the holy land , as more usefull then their personal service ; which the crucesignati discovering , admired the covetousness of the roman court , conceiving grand indignation against it in their mindes for draining the peoples purses impudently by so many devices , and moving war against people , to shew his power , or out of indignation , only to extort vast summs of money , collect dismes to defend the church ; then making peace , and deteining the moneys without restitution , , . w. william ; one of pope innocent the . his chamberlains , sent to king john to hasten his journey to the holy land , which the barons rebellion against him hindred , p. . these . last indexes of popes and their legates , evidenc ' , that mammon was the principal deity they adored ; gain the chiefest part of their godlinesse , and covet●●snes which is idolatry , their prime cardinal virtue , theoretical and practical worldly divinity . index alphabetical . of castles , cities , counties , parish-churches , chappels , hospitals , and other particular places in this tome ; things done at , or concerning them . a. abendune , . see index . abbevile , . acl●y church , . acholt in kent , . achon city , , . adberbury church , . agnania ; popes bulls from thence , , . aillesberry church , . st. albans , , , , . see index . . alen●estre church , . all saints church derby , the kings free chapel , . ambrun . antiochia . aquilegia , , . aquis , , . aunvilliers church in coventrey diocesse , . st. audomars castle , . augmodernesse , . auxitan province , . aymar church , . b. barham , . basingstoke hospital , . bedford castle , , , , . bend●nia , , . beretha in syria , . berkely , . bertelton chapel . bernards castle , , , berner chapel , , beston mannor , norf. . b●oys , . blye , com. ebor. . bodington , . bohun castle , . bononia , . bracley , . brekewell , . bremesgrave mannor , . the church appropriated : appendix . bretenham church , . brigia , . bristol , , , . brixia , . brugenortb castle , . brug●s prebendary , ebor. . brumford mannor , . brundusium , . bugedon , bugden , . burdegal , burdeaux , , , , . c. caldecot , . calvisson , . cambridge , , . campniac castle , . canterbury , , , , , . castelia , , , , . castellana , . celsus castle , . chalke church , . ch●lmesford , . chelneston , . chidingston , . chichester , , . christish●le church , ● . clare , . clarendon , , . , . colecester , . colechurch london , . colen , , . constantinople , the metropolis of the eastern church , not subject to the pope or roman church ; its patriarchs , power , names : matters concerning it and its primacy , , , , , . , . , . see index . coussy , . cremona , . st. crosse church , . cumberland resumed from the scots king , . d. dadington church , . damascus , . damiata , , , . d●ham church , . dereham church , . deeping , . dilhurst , . donington church sarum diocesse , . drochera , . dovor , dover ; constables , castelanes of it , writs directed to them to search after , seise popes bulls prejudicial to the king , kingdome , and those who bring them : to stay others from passing beyond the seas ; with other particulars concerning it and the castle , , , to , , , , , , , , , , , , , , , , , , . dungervan church in ireland , . dunstaple , , , . durham , , , , . see index . durham bishops . e. eanden , . ebor. torke , , , , , , . a parliament held there . deans and chapters lands seised for their excommunicating , invading the maior and citizens , , , . see index , . st. edmunds , . ely city , isle , its consequence , strength , priviledges , . e●cford church , . elsinden , . eston , . estkingam , , . essington , . etheneswell , . ev●sh●m , , . st. eufemia , , . exon , a writ to it touching the interdict , . e●z●lmus , . f. fak ham , . fenton prebend , . ferling mannor , . ferentia , . fernham , . ferrara , , , . feversham , . the suites , force , riots , excommunications , interdicts , appeales , contests concerning the church thereof between the abbot and monks of canterbury , king johns clerk , and archbishop : appendix , p. , to . finchingfield church , essex , . fineberg mannor , . flamsted church , hertford , . flesting , sussex , . fotheringai castl , . g. gamok in wal●s , , . gazara , . s. gemma , . st. german , gerse , gernes isles , , , . geywud mannor , , . gippewic , , . glocester , . henry . crowned there , &c. , , other acts there , , , , . gry●●sby church , lincoln , , . h. hadfeld peverall mannor , . harewes mannor , . havering st. maries chappel there , . haxiholm isle , . heath , heth port , , , . helens church in abendon , , . henechdun church , ireland , . henlaw mannor , . hereford , , . hereburn church , , . herthull , gloc. ● . heswell church , , . hidesord person , . hoveden church , , , . hoveden mannor , , . huntingdon town , . the shire given to the king of scots , . j. st . james castle , . j●●ua city , the popes flight to it , its gallies taken with the popes legates , bishops in them , , to , , . irelingburghe parson his case , . st. johns de landis , , . st. johns the round , , . st. johns hospital dublin , . st. johns hospitall oxon , , , , , . k. kelrederi , ireland , . kenelworth castle , , . kenington , . kirkel church , . kirkheim church , . kepier hospital near durham , . l. lagenia , ireland , . lambheth , lambeth , , , . lathunum , luthrunum church , , . lateran , rome ; . many popes bulls dated thence ; councils there : see councils . la●gedon church , appendix . ledes , . len , , , . st. leonards church canterbury , . st. leonards hospital , ebor. , , . liminton mannor , . lincoln city , citizens , church , matters concerning them ; , , , , , , , . ▪ lions in france , , , . see councils . lucerne , . lundon city , citizens , &c. councils , parliaments , treaties there held : see councils , parliaments , index : no divine service or sacraments in it , during the . years interdict , . the head of the kingdom , trayterously seised on against king john , by the barons , who resided there , , . the city interdicted by the pope and his legates , sundry citizens thereof by name excommunicated for siding with the barons against king john ; who contemn the interdict , excommunication , authority of the pope , as null , usurped , celebrate divine offices , revile the popes proceedings , , , ● . their interdict , excommunication , reviled , vilified , none daring to publish it in the city , , . the citizens reject king john , receive lewes for their king , swear homage , realty to him , celebrate divine service notwithstanding the popes censures , . the inquisitions of the antient liberties of england by king johns order , to be returned to london , . testes of writs there , , , . cole-church london , . a pretended miracle of the name jesus in fleshie letters seen and published in london , . the popes agents flight to it , . the popes vsurers called caursini settle , dwell in it , notwithstanding the bishops endeavours to expell them , . the major , citizens of london , commanded by h. . forcibly to take hubert de ●urgo out of sanctuary , countermanded , , . a writ to the mayor and sheriffs to protect the jews therein , permit them to buy victuals and all other necessaries notwithstanding the bishops inhibitions to the contrary , , . the popes legate winters and holds a council in it , , . the oxford scholars who assaulted the popes legat brought in chains to london , and at last put to hard penance , , . joyne with earl richard and other nobles in opposing the popes legates , romans , and other aliens extortions , rapines , . the legat makes a farewell speech to them , . the mayor at the kings command imprisons a canon of pauls in the tower in chains accused of high-treason , for which the dean and canons of pauls excommunicated him and all his ayders , counsellers , parties thereunto , interdicted pauls , and the bishop threatned to interdict the whole city , if not released , . a prohibition against their proceedings therein , . an heretick sent to and imprisoned in the tower of london , for denying gregory . to be pope , head of the church , and declaiming against his simony , and other vices , martin the popes exacting legat sets up his exacting office there in the new temple , whom the nobles joyntly oppose and write against , , , , . the emperors embassadors there entertained opposed the legates exactions of moneyes against the emperor , . the nobles and commonalty of england seal their letters to the pope and cardinals with the cities common seal , , . fairs and markets prohibited in it during westminster fair , and st. edwards feast , , . the londoners great wealth ; buying the kings plate , . king henry vexeth them , suspends their markets for . dayes , extorts l. from them , . the king remits his indignation against them , reconciled to and craves pardon of them , , . the jewes church there repaired by them , , . the city in an uproar intend to ring their common bell , threaten to cut archbishop boniface in pieces for excommunicating the dean and chapter of pauls , and beating the prior and monks of st. bartholmew who opposed his visitation . the kings proclamation thereupon under forfeiture of life and member to prevent an insurrection , , . its jurisdictions , its barons not to be sued out of the city , . the king extorts gold from the citizens against their charters by entreaties , as from servants of vilest condition , . archbishop boniface publikely excommunicates the bishop of winton and his followers for abusing and imprisoning his official in st. maryes arches london , . the lords in parl. emptying their pur●●s there depart in discontent , . the mayor & citizens commanded by writ to come in solemn procession to westminster , . jewes imprisoned in the tower of london for crucifying a child at lincoln , . devise of lands in london by custom , . the legate resides in the tower of london , refused to surrender it to gilbert declare earl of glocester , who prohibited any victuals to be sold to him : the legate preached a croysado , excommunicates all the disturbers of the kingdoms peace in london , privily returns to the tower for safety , whither the jewes and their wives retired after him for shelter : interdicts all churches in or near london , pawns the kings jewels to raise monies , , . the kings writ and proclamation to the mayor and sher●ffs of london against the jewes purchasing lands in fee , and concerning their houses in london and other towns , . freers paenitents in london ; the jewes school disturbing them with their noyse , especially in masse time , granted to the freers by the king , , . the popes usurers stately mansion houses , protection in it , appendix , . the archbishop of york carried his crosse before him through the mldst of the city , , . see index . . bishops of london , dean add canons of st. pauls and st. martins london , new temple , tower of london , pauls church . luton , , . m. maidenestone , maydenestan ; the archbishops mannor , . it s church , a prohibition to meet there for the archbishops tax , . a prohibition to build a church of canons and prebends there , or carry stones , or assist towards it , to the kings disinherison , , ● . manketon chappel , . manselow church , ● . mantua , . mapeldon parson , . marchia trevisiae , , . mariot castle , . st. margar●ts westminster , its procession , . st. martyns london , the kings free chapel , , , . mary magdalen of saundon , . marseilles , , . m●nstreworth mannor , . merpisium castle , , merewell chappel , . merton church , hubert takes sanctuary in it , . m●ssana , , , to . st. michaels church coventre , , . st. michaels upon wyra , . midford hundred , , . middleton church , , . appendix , , . middenbale mannor , . millaine , , , , to , , . mirebel castle , . moguntia , m●n●z ▪ . mont cassini surprized by the emperor , . mons regalis , mount-royal , , , . mordune church , . n. newband praebend , . newbourn church , . newcastle burgesses vexed , impoverished with citations ; enforced to take unusual oathes by the bishops officers ; complaints and prohibitions against them as illegal , , . it s church , , . newenton church linc. , ● . newerk castle , , newton mannor , . new temple london , the kings and popes treasure usually kept , and popes agents resided there , , , , , . northley person , . northampton , parliaments and councils there , &c. , , , , , , . northumberland , resumed from the scots , , . norton prebend , . norton bayly , . norwich : writs directed to the mayor of it concerning the interdicts release , . to the bayliffs thereof concerning selling victuals to the jewes against the bishops inhibition to do it , . trinity church norwich , the kings writs of inquiry to defend its rights , . the kings proceedings against the citizens for burning and spoyling the priory , cathedral , and great fine for it , , to . see ind●x . . norwich bishops . no●●ingham town , castle , chaplains , meetings there , &c. , ● , ● , , . nuc●era in ap●lia , . o. oddy mannor ebor. . odiham castle , . oke church , protection to it , . o●eron isle , writs to it concerning the croysade , . st. omer , , o●deliy castle , . o●ford , its chappel , . ouston church in haxiholm isle , . oxon town , vniversity , scholars : all the schollars depart from thence to cambridge and reding , for king johns rigorous imprisoning , and executing two scholars and clerks as accessaries to a murther committed by a d , who fled , . the legates severe penance enjoyned to those townsmen who had any hand in their execution by the kings command , ere they obtained absolution , . a writ to the mayor of it concerning the interdicts release , . to cause victuals & other necessaries to be sold to the jews there , notwithstanding the bishops inhibition , . a writ to the mayor and bayl●ff , to apprehend , imprison all harlots and priests concubines remaining in the town against the kings provision : to inlarge all imprisoned , so as they who had no possessions there gave security speedily to depart the town , and the others who had houses and lands swore and gave security not to cohabit with any clerks there as formerly , , . a writ concerning the hospital of st. johns in it , . the oxford scholars assault , fray upon the popes legate & his servants at oseney by his porters rudeness ; who presently fled from thence ; their excommunication , imprisonment , flight , penance for it , ere absolved . writs concerning it , and to apprehend all such as fled , whether english , welsh , irish , or sco●s , , to , . a writ to the archdeacon and chancellor of the university to make proclamation in co●v̄enient places , that all schollars sled from thence might safely return and continue there , after their penance and reconciliation to the legat , . st. thomas church in it , st. crosse near it , . a council of prelats there assembled , the kings inhibition to them , their excommunications in it , and inserting the names of the virgin mary and saints , instead of christ and the holy ghost , , , ● , , . scholars resorted to the vniversity of oxford from all parts of the world ; aemulator of paris : the archbishop publikely excommunicated the bishop of winton and his servants , who abused , imprisoned his official before all the scholars there assembled , ▪ . the jewes affront to the chancellor , proctors and scholars in their solemn procession in breaking the crucifix carried before them ; their penance for it● a crosse erected at their charges , a silver and guilt crosse bought by them to be carried before them in future processions , ● , , . parliaments & councils at oxon , see parliaments , councils : abbots exempt and others assembled thither , to know whether they would adhere to the provisions there made , . st. johns hospital oxon , , . see j. p. padua , . p●k him prebend , . paris , . it s university , . pauls church london , its consecration . councils and assemblies in , and matters concerning it , , , , , , . , , , . penred church , . pencrich free-chappel , , . perusium , . pisa , . pignagonia , , . placentia , , . pontefract . portesmue , , . preston , prestuna , , . r. racoluer church , . rading , , . radulphus castle , . ravenna , . reebrigg church , . rhemes , . richmund , . ringsteed mannor , . rippon church , . rochester , roffen castle , city , , , , , , , , , . see index . rockingham castle , . roke , . rooberi church , . rome , . see index . roubarton mannor , . rugham mannor , . runningmead , . rumenel , . rupella , rochel , , . ruseland , . s. salvata castle , . samori castle , . sandwych , . sautrey church , . scardeburgh castle , , . sevengham , . shep●y , . snowdune , . soranza church , , . stamford , . stanes church , , stanwick mannor , . stapelford , : steines mannor , . stinefield chappel , . stock , , stocton mannor , , . stone church , appendix . stowe mannor , . summercote in lindsey , . sunneb . mannor , . t. taunton mannor , , . thame church , . thanet isle , . thikehull , . s. thomas hospital southwerk , , , . st. thomas church near osney , . tilemanston , . t●elig . hundred , . tower of london , , , , , , , , , . tunbridge castle , , . tunshall mannor , . v. venice , christs sepulcher in it , . a most noble city ready to apostatize from the pope , . verona , , . verula , , . vesana , . viterbium , , , , . w. waketon church , . wallingford castle , . waltham . waredune abbey , . warnegay mannor , . westly church , , . welleton church , . wells , . see index ● werkeworth church , , . westley church , , . westmerland , resumed from the scots king , . westminster , things done , parliaments , councils held there , processions thither , to adore christs blood , its fair , writs there dated , , , , , , , , , , , , , , , , . see councils , parliament . wetel mannor , . wetewang prebendary , . wickelaw hundred , . widdingdon mannor , glouc. . wigorne , worcester , , . windesore , windeles castle , chapple , , , , , . winestim hundred , . wintingham church , . winton city , , , , , , , to , , . see index . wodestoke , woodstock , , . welshmen repair thither to the king to do homage , . wolverhampton , the kings free chapple , . wulward , . index . part . alphabetical , of the several countries , empires , kingdoms , nations , emperors , kings , queens , princes , republicks ; the matters relating to , or acts done by them , mentioned in this tome . a. king adelphus his payment of peter-pence , . admiralius murmelius , king of africa , fesse and marocco , king johns embassy , proffer to resign the kingdom of england to him , &c. a malitious forgery to defame him , , to . aegypt , the christians army defeated in it , . aethiopians , subject to the greek church , . alani , subject to the greek church , . albania , wasted by the saracens , , . alexander king of poland , his law concerning the alienation of crown lands , . alexander king of scots , his charter , league , fealty to king h. . , . see scotland . apulia , the popes , emperors claims to , acts done in it , , , , . offered by the pope to richard earl of cornwall , who refused it , , , . given by pope innocent . to king h. . and edmund his son , upon hard conditions , to cheat them of vast sums of money , , , , , . king h. . vows a voyage thither , . the croysado against the saracens , turned by the pope against the christians in apulia , , , , , , , , , . arabia , the collyridians heresie hatched in it , . aragon , popes claims to that kingdom , , . resumption of crown lands alienated from it , . arnulphus emperor , a council under him , arthur , our british king , his parliamentary counsil , and answer to the romans demanding tribute from him for our isle , as conquered by caesar , , . ath●nians law , against alienating the publick la●●s , and their resumption of them , , . b. baldwin king of jerusalem , conquers the saracens , . baldwin emperor of constantinople , expelled ; a croysado granted him against the grecians , routed , , . bituria , . blanch , . bohemia , popes pretended title to it , . bulgarians , subject to the greek church , . conquest , . burgundy dukedome , unalienable by the king of france , , . c. calabria , offered by the pope to richard earl of cornwall , refused by him , . casim●r king of poland , his will , . castell , popes pretended title to that realm , . the king and queen thereof , their title to succeed arthur , , . charles the great emperor , his charters of donation to the pope , . voyd in law , . the realm of france converted from paganisme to christianity by the wars , blood of the nobles under him and other kings , who endowed the clergy with lands , priviledges ; they forgetting their founders , treacherously endeavoured to swallow up the government , jurisdiction , priviledges , liberties , laws of secular princes , by their new constitutions , and judge them , when as they ought to be judged by them , , . councils under him , . charles the . emperor , takes king francis . prisoner , who avoyds his contract upon his release , , . charles the . king of france , his memorable arrest , decree against excommunicating any of his officers , or interdicting any of his cities , towns , lands , , . charles the . king of france , his donations of crown lands to the church , resumed , . charles the . his edict concerning rents , . charles , king of france his brother , pope urbans conditional donation of sicily to him for four generations , . chazari , subject to the greek church , . commadus the roman emperor , his sale of publick lands resumed , . conrade , the emperor fredericks son , his negociations in italy , . offered as a pledge to pope gregory , . his transactions with him , , . imployed by his father to stop all passages to rome by land or sea , . king of apulia and sicily , pope innocent . offers his realms to richard earl of cornwall , to ej●ct conrade by war , who refused them ; king h. . embraceth his offer , vows a journey thither ; his son edmund invested king thereof by a ring , to disinherit conrade , who manfully opposed him and the popes forces , whom he routed , , , , , . his kingdom is interdicted , he excommunicated without any citation or hearing ; commands his clergymen to celebrate divine service notwithstanding these unlawfull papal censures : the popes slanderous reports spread of him to render him odious , excite the king of england and others against him ; his answers to these slanders , , , , . his sicknesse , poysoning , speeches against the pope , church of rome , for their slanders , injuries , oppressions ; his death , ibid. constantine the great , his resignation , donation of rome , and the empire of the world , to pope sylvester , in christs right , , , . a forgery , . voyd in law by the greatest lawyers judgements , , , , . removes to constantinople , . croatia , popes pretended title thereto , , . cyprus , subject to the emperor frederick ; victuals prohibited to be carried out of it to the holy land , . the connestable of it for money dispensed with to hold his wife against a divorce , and other rebels against the emperor absolved from their oaths to him by pope gregory . . d. da●ma●ia , popes pretended title to it , , . danes , seised the isle of ely , david king of scots , surrenders cumberland , nortbumberland , and westmorland to king h. . and receives the county of huntingdon from him , . denmark , popes pretended title to that realm , , . a legate sent thither to crown the king thereof ; his gifts and exactions there , . e. prince edmund , king h. . his son , invested in the kingdom of apulia and sicily by the pope , of which he never got possession , , , , , , , , , , , . his grant of a pension therein as king of sicily , . presented to the parliament by king h. . in an apulia● habit ; commended and prayed an ayde for him , . stiled king thereof , , , to . the nobles , parliaments indignation and opposition against that affair , , , . see apulia , sicily , k. henry● . king edred , his charter to st. albans confirmed , appendix p. . king edward the confessor , christ visibly appeared to him in the hostia , in form of a childe , and crossed him ; his concealment of it , how divulged , , . king john sworn to cause his good laws to be observed and used , , . the description of the office of a king in them , . his grant of the realm of england to william the conqueror , without his nobles consent , voyd , . king edward . pope gregory the . his letter to him for the arrears of peter-pence , and the annual rent for england and ireland ; which he refused to pay , , . pope martin his successor's letter to him for it ; his payment of part thereof acknowledged , , . pope honorius the . his letter to him for it ; his payment thereof , upon what occasion , his last payment thereof , , . he grants several annual pensions out of his exchequer , to the popes cardinals , notaries , to promote his affairs at rome , , . pope boniface the . his letter to him , concerning his right to the crown of scotland , . king edward . and his whole parliaments declaration against king johns charter , homage , tribute to the pope , as null , made without his barons assent , against his oath at his coronation ; and that if the pope would issue processe for it , they would assist the king , and oppose it with all their might : his law against popes provisions , , , . the title to the crown of france devolved to him ; his act and declaration concerning englands unsubjection to it ; the armes , title thereof , . his act resuming queen isabels dower , . king egfrids charter to st. albans , appendix p. . queen elizabeth , her revenue , state , frugalicy , . her case of the crowns descent , . england , its freedom , noblenesse , kings anciently subject to none but god himself , , , . the king of england can neither surrender nor grant it , nor the crown lands to the pope , nor any other , without his nobles , kingdoms concurrent assents , , to , , . the popes pretended title to it , as soveraign lord thereof , as an island given by king henry the . and king johns charters , though voyd in law , , , , , , , , , to , , to , , , , , , , , , , , , , , , , , , , . the archbishops , bishops , barons , peoples oppositions , exclamations against king johns unworthy subjecting and making it tributary to the see of rome ; his own bitter bewailing thereof ; after which his nobles rose up against him , who assisted him against the pope before , yea all things went crosse and inauspicious with him till his death , , to , , , , to , , , , . it s intollerable oppressions , vexations , grievances , by avaritious , ambitious , insatiable , tyrannical popes , legates , nuncioes , and romish agents , by croysadoes , dismes , taxes , procurations , provisions , rapines , exactions of various kinds , with the kings , nobles , prelates letters , complaints , appeals , oppositions against them , , , , , , , , , , , , , , , , , , , , , , , , , to , , to , , , to , , to , , , , to , , , , , , , , , to , , , , , , , , , , , to , , to , , to , , to , , , , to , , , , , , , , , to . appendix , . see index , . and king henry . king john , rome . popes not peremptorily imposed , but only recommended , desired aydes from it at first , granted , imposed , assented to only by the king , nobles , who proportioned , ordered the times , manner of levying them , , , pope innocent . stiled it an unexhausted pit , whence he might extort much , . often hurt , provoked by the injuries of that pope , who yet in a rage threatned to interdict it , encouraged by the kings and their effeminate fear ; for which he was reprehended , admonished by john an englishman , a cistercian monk and cardinal , for beating it like balaams asse with his spurs , rod , and yet not suffering them so much as to mutter against him , . english tho● miserablest of all men , by biting , devouring each other , . f. ferdinand . emperor , cassander his consultation dedicated to , approved by him , . flanders , invaded by the french king , when prohibited to invade england , . france , popes pretended title to it , , . an ayde granted , collected therein by the kings assent , upon the popes bull and legate sent thither , for relief of the holy land , , , . kings of france ought not to alien their crown lands or territories to others , their alienation of them voyd , , to . the realm of england never was in subjection to france ; its descent to king edward . his law concerning it , . no pope presumed to conferre any prebendary , benefice by provision therein , till pope innocent . , , . the french invade england , excommunicated by the popes legate , , . see lewes . the french peers , courts proceedings and condemnation of king john to death , for murdering his nephew arthur ; the popes exceptions against it as voyd , , . pope honorius and pope gregories bulls to the french king , for the english to passe and repasse freely to rome through france , without impediment , , . the popes legate calls a council therein against the earl of tholouse , exacts two prebendaries , and two monks portions in every cathedral , monastery there , to avoyd the old infamy of avarice , symony , bribery , and delay of justice in the court of rome , with the french bishops , clergies answers , oppositions against it , , , . a croysado published in it against the earl of tholouse and albigenses ; the french king crosseth himself against them ; the pope prohibites the king of england to invade france , during his imployment in this war against these good christians , , . wars between england and france , , . a truce propounded between them , . king h. . his invasion of it , the earl of britains revolt from him to the king of france , against his oath and obligations , , . a croysado published in it , to defraud the people and pick their purses , , . the kings and popes agents rigour in extorting it ; his and his armies great defeat , slaughter , the king taken prisoner by the saracens soon after , to his kingdoms great desolation , reputed a just judgement , , , , , , . the french kings , peers confederac● , and memorable protestation against the popes , bishops , ecclesiastical officers encroachments upon their rights , liberties , by new constitutions , holding pleas of temporal causes , abuse of excommunications , oaths , &c. , to . france reduced to poverty by pope innocent . conspired against the pope and cardinals , , . many frenchmen slain in ayding baldwin in his expedition against the grecians , . the french crossed for the holy wars , prohibited to go by the pope , when prepared ; their speeches , mutiny thereupon , , . the french kings , and his nobles , counsils detestation of , speeches against pope gregories depriving the emperor frederick ; robert the kings brothers refusal of the empire , tendred to him by the pope ; the dignity of its kings by lineal descent , , . the french alwayes envy the english , traduce the kings of england for banishing becket , and edmund of canterbury his leaving england in discontent , . the long feud , controversie between france and england , which destroyed innumerable people , prayed by king h. . to be composed by the popes mediation , , , , . a peace at last concluded , . king henries advice to prince edward , by reason of his sicknesse , to hasten his return with the french king from the holy wars , . king francis . of france ; declares his articles under hand and seal , ratified by his oath , to consign the dutchy of burgundy to the emperor for his ransome , to be voyd , because against his coronation oath , and laws of france , not to alien the crown lands , , . king francis . of france ; his complaint of the alienation and mortgaging the crown lands thereof , . frederick the . whiles king of sicily persecuted by otho the emperor , for seising some castles of the empire during the vacancy , . made emperor by pope innocent . . out of meer malice to otho . ( interdicted , excommunicated , deposed by him , only for seising and restoring to the empire , according to his coronation oath , the antient possessions thereof , which popes had injuriously usurped ) on purpose to persecute otho to death by force of armes , . he ( by a just retaliation ) is soon after excommunicated by bulls published in all places , interdicted , defamed by pope gregory the th . for not going to jerusalem against the saracens according to his oath , though hindred by sicknesse , necessary ▪ emergent affairs of the empire , and civil wars raised against him in sicily , by this popes instigation ; and for contemning the popes and st. peters keyes : all prohibited to celebrate divine service to him , till he submitted himself to the church ; to be proceeded against as an heretick , if he presumed to be present at divine service ; all his subjects absolved from their allegiance ; deprived of his empire , for endeavoring to recover the antient rights , possessions of it from the popes , churches usurpations , , to . his notable letters to the king of england , and all christian princes , setting forth popes designs by excommunications , interdict , to wrest their kingdoms , lands out of their hands , make them their vassals , tributaries , trample them under feet like king john and the earl of tholouse ; pick all their subjects purses , swallow up their wealth by unsatiable blood-suckers , legates , wolves in sheeps cloathing ; their symonies , rapines , extortions , unheard of in former ages , , . king h. . his letter to him , not to revolt from his obedience to the church of rome , but humbly to obey and submit to the pope , , he goes to the holy land , to avoyd the scandals raised of him , and his excommunication for not going , which the pope continued ; at his arrival at acon none of the people or clergy would kiss , cat with him , but advised him to satisfie the pope , and be reconciled to the church ; his complaints to them against the popes unjust censures , . the pope pronounced him contumacious for going to the holy land according to his vow , before his absolution ; endeavours to dethrone him by the material sword , when unable to do it by the spiritual , against the laws of christ and christianity ; hired , raised great forces under john de bresnes , to invade his territories with fire and sword ; authorized theeves , robbers ; incendiaries to dethrone him , whiles engaged against christs enemies , to the admiration of all christians , , . his imperial seal , mottoes affixed to his letters , . he recovers jerusalem ; yet ▪ the patriarch and his suffragans would not say masse there whiles he was in it , . his victories against the saracens envied by pope gregory , who suborned the templars to betray him to the soldan , who detests , reveals their treachery ; he dispersed scandalous letters against him in england and elsewhere ; caused men , monies to be raised in all places more industriously then before to dethrone him ; vacated the due election of the archbishop elect of canterbury , for money and a disme promised him in england and ireland to disinherit and depose the emperor , which he desired above all things , , . the pope and his enemies blast his fame in several letters to england and elsewhere , as guilty of most execrable heresie , blasphemy , stiling moses and christ impostors , as well as mahomet ; and uttering most nefarious opinions ▪ speeches of the sacrament of the eucharist , which no discreet christian could believe he ever used , only to engage all against him ; he stirred up the millainois to rebell against him , , . he seised the islands in the mediterranean sea , the city of pisa , and greatest part of sardinia , which popes usurped , as part of st. peters patrimony , antiently belonging to the empire ; whose dissipated possessions he ( as bound by oath ) strenuously endeavoured to restore : for which the pope growing very angry , in the presence of his cardinals on palme sunday solemnly excommunicated , delivered him to satan to be destroyed , and deposed him ; in such a dreadfull thundering fury , as made all auditors greatly to tremble : the form of his excommunication , absolving his subjects from their allegiance , and deposing , upon pretext of his raising sedition in rome against the church , to thrust him and his cardinals from their seat , trample the priviledges , dignities , honours , liberties of the apostolick see , church under feet ; hindring presentations to vacant churches ; apprehending , imprisoning , banishing , slaying some rebellious clergymen , ( sent abroad to raise monies , forces against him ) spoyling some templars , hospitalers , churches of their goods ; laying taxes upon churches , monasteries , compelling bishops , abbots , cistercians to contribute towards the building of castles ; thinking ill of the catholick faith , and other particulars , , , his high indignation against pope gregory for publishing these scandalous excommunications , letters against him by his legates in all kingdoms , churches : he surpriseth mount cassini , where the monks published his excommunication ; writes severe reprehensive letters to the romans , for suffering him the chief prince of princes , their emperor , natural lord to be excommunicated in his own chief city ; and to the cardinals , for suffering the pope so rashly , unjustly to draw his spiritual sword against him the roman emperor , and advocate of the church ; for fomenting and not restraining his unbridled authority according to their duties , which necessitated him for his own defence against this persecutor , more grievously to offend those who resisted his just power , , , . prophecies concerning his or the popes ceasing to be head of the whole world , , . his answer to all the popes scandals comprised in his bulls of excommunication , , to . the popes legate published his excommunication at pauls and st. albans , commanded him to be excommunicated with bells and candles , in all churches , every lords-day and holy-day , , , . his letters to richard earl of cornwall , against his injurious excommunication and popes slanders , to vindicate his innocency ; wherein he largely describes the unparallel'd injustice , malice , treachery , slanders , calumnies of pope gergory the th , against him , divulged by letters , nuncioes in all places ; his raising rebellions , seditions in italy , germany , lombardy , millain , against him the supreme of christian princes : that he reputed him not to be a judge competent to excommunicate or depose him ; who declared himself his capital enemy both in words and deeds , by fostering his enemies , instigating his subjects to rebell , yea causing hereticks in millain to rise up against him and the empire : that he deemed him unworthy to be reputed christs vicar , peters successor , and steward of christian souls , for selling dispensations privately in his chamber , like a merchant , without advice of his cardinals , ( ▪ with whom he was bound to deliberate ) against oaths so'emn'y made , diverces judicially pronounced , to marry within degrees prohibited , for dilapidating not only the monies , but lands and possessions of the church of rome , whereof he was the supreme pat●ran , to raise souldiers to fight against him : therefore the universal church and people of god might not wonder , that he dreaded not the sentence of such a judge ; not in contempt of the papal office , or apostolical dignity , but in respect of the prevarication of the person , who demonstrated himself unworthy the chair of so great a dignity ; that all christian princes might acknowledge his holy intention , purpose , zeal , that he the roman prince had for most just cause opposed the roman prelate , out of fear lest the lords flock should be lead into by wayes under such a pasto● , , to . pope gregories reply thereto , fraught with new defamations , for asserting , that he as christs vicar had no authority to excommunicate him ; that christ had given to st. peter and his successors , no power in the church of such binding and loosing : concluding him from thence to be an heretick , having no good opinion of the articles of christian faith , whiles he endeavoured to take away this priviledge and power from the church , on which the catholick faith is built ; recharging him with the premised blasphemies against moses , christ , and the eucharist , which he denyed : by which epistles the whole world had been unanimously exasperated , and risen up against him as an apparent enemy of christ and the church , had not the popes detestable avarice , and execrable dishonesty of the roman church , rendred his bulls so contemptible , that none or very few believed them : they being perswaded , that the church of rome was more obliged to the emperor , who according to his oath manfully intended to regain , restore the rights of the empire , then he was to the church , , to . the popes nuncioes , letters to the french king , published before all his barons , declaring he had judicially deposed him from the empire for his wickednesse , elected the french kings brother earl robert emperor in his place , whom the church of rome and universal church would generously assist . upon which the french king and his counsil demanded ; by what spirit or rash attempt the pope had disinherited and precipitated from the imperial dignity so great a prince , then whom there was not a greater , yea not an equal , not being convicted of , nor confessing the crimes objected ? that if he deserved to be deposed , he was not to be adjudged , cashiered but by a general council ; that no credit was to be given to the crimes objected against him by professed enemies , whereof the pope was known to be the principal ; that he was yet guiltlesse as to them , and a good neighbour , who never discerned any infidelity in him in secular matters , or in the catholick faith ; that they knew be faithfully warred for our lord jesus christ against the saracens , jeoparding himself both by land and sea for his cause ; that they found not so much religion in the pope , who instead of assisting , promoting , protecting him warring in gods cause , as he ought to do , ●ickedly endeavoured to confound and supplant him whiles absent ; that they could not precipitate themselves into so great dangers to impugne frederick himself , being so potent , whom so many kingdoms would assist against them , and whose just cause would afford him assistance ; that the pope cared not for the prodigal effusion of their blood , so as they might satisfie his wrath ; that if he should conquer him by them or others , he would tread down all other princes of the world under his feet ; assuming hornes of boasting and pride , because he had broken in pieces the great emperor frederick himself ; that they would send messengers to him , to enquire diligently , and certifie them of the orthodoxy of his faith ; that if they found nothing in him but what was sound , why should they impugne him ? if otherwise , they would persecute both him , yea and the pope himself if he shall think evil of god , or any other mortal even unto death : whereupon the nuncioes departed confounded . his satisfactory pious answer to the french messengers , concerning the orthodoxy of his faith , the treacheries of the pope , and prayer to god to avenge them , , . he maketh a truce with the soldan , recovers the cities taken from him by the popes forces , marched towards rome against the pope , who endeavoured not only to depose , but murder him ; writes letters to the king of england , relating the popes impious proceedings , rebellions , wars raised against , and ingratitude towards him ; exhorts him to adhere to , and assist him in this cause , which concerned the jurisdiction , honour , security of all other kings , princes , whose rights he patronized ; which letters much discredited the popes authority , and prejudiced the clergies honour , , to . his expostulatory letters to king h. . for permitting the popes agents continually to extort vast sums of money out of his realm , to maintain wars against him ; and suffering his scandalous bulls to be published in all places to his infamy , against the law of nature , nations , bonds of affinity between them , being his son-in-law , brother , friend , against whom he had declared no war ; his cause concerning the interest , prerogative of other kings crowns , and his own ; the pope to his infamy claiming a lordly dominion over him as his vassal : to which he unworthily answered , that he durst not contradict the popes will , , , . the pope to divert his march to rome , stirs up the earl of flanders to invade his territories , . he makes peace with millain and bononia , reduceth the cities near rome to obedience by his forces and letters , causeth the romans and most of the cardinals to desert the pope , who desired a general counsil to settle a peace between them , which he assented to : the pope despairing of his cause , consents to a truce till the council : his legate in france perswades him to break it , and bid open defyance to the emperor , having raised monies enough to maintain one years war against him ; he summons all the emperors enemies to the council , to depose him ; who thereupon by his letters to the king of england and others , prohibits the bishops to repair to it , stops all their passages by land ; who upon the popes letters repairing thither with a strong convoy sent from jenoa by sea , three popes nuncioes , above one hundred archbishops , bishops , abbots , and p●oxies of prelates , besides embassadors from cities in rebellion against the emperor , and above mariners of jenoa were taken prisoners by the emperors gallies , and some bishops slain , drowned in the fight , wherein god signally owned his cause against the pope ; his letters concerning it , , to . he surprizeth the popes new castle built with the croysado money , whereupon he dyed of grief and discontent , . the cardinals desire his release of the imprisoned cardinals , and license to elect a new pope , to which he condescends : their division , double election ; he assents to one , but dislikes the other , being a roman , and his professed enemy , , . cardinal columna taken prisoner , his castles demolished for seeming favourable to him , . the english bishops embassy to him , to remit his indignation against the church of rome , though justly provoked ; to permit , command the cardinals to elect a new pope , after coelestine the . his death , ibid. his answer , that the pertinacious pride , and unsatiable covetousnesse of the church of rome , not he , hindred the proceedings to a new popes election ; that if he hindred the successes of the roman and english church , none might admire , since the one endeavoured by all means to depose him from his imperial dignity , and the other desisted not to excommunicate , not a little to defame him , and pour forth their money to his detriment , , . he commanded the disagreeing cardinals to elect a pope , to take off the infamy , that he hindred the election ; releaseth all the imprisoned cardinals and prelates at their request , for the churches peace ; who thereupon became more obstinate , schismatical , and hating each other then before : he thus deluded , besieged rome and the romans , as the authors of this schisme , to the detriment of the church and empire , from which suspicion the roman citizens freeing themselves by their agents , and laying all the blame on the schismatical cardinals , he by publick proclamation in his camp commanded all the cities and possessions of the church and cardinals to be depopulated by his souldiers ; which they vigorously pursuing , the cardinals petitioned him to forbear his indignation and plunder of them , promising faithfully speedily to elect a pope profitable both to the church and empire ; they elect innocent the : pope , , , . this pope being confirmed , trayterously ratified his former sentence of excommunication , raised forces against him ▪ routs his army , publickly defamed him , that he never heard divine service nor prayers , ( occasioned by his excommunications , and prelates refusal to communicate with him ) that he did not worthily reverence ecclesiastical persons ; that he did neither rightly speak nor think of the catholick faith ; that he lay with sa●●cen women ; that he called saracens and other insidels into the empire , wherein they built fortified citus : which calumnies caused many noble , grave persons to depart from him , and his dejected enemies to life up their heads : after which he caused the germans to elect another emperor , the lantgrave , who upon conference sided with him against the pope ; who refused all termes of peace , unlesse he would sweat absolutely to stand to his-ecclesiastical censure , which he refused to do , unlesse he knew before hand the causes and all conditions of it , without restoring the places he had gained , belonging to the empire of antient right , . the pope refuseth all sorts of cautions he tendred to him to settle place , to the great rejoycing of saracens , turks , and other pagans , who invaded , spoyled the christians in all places during their dissentions : upon which he stops all passages to rome by sea and land , imploying his son co●rade therein , forced the pope and cardinals to fly out of rome and italy disguised into france ; his jeer against the pope for this his dishonourable flight , , , . by assistance of the french king , the pope summoned a general council , excommunicated , deposed the emperor afresh , absolves all his subjects from their allegiance , prohibits any to own or converse with him under pain of excommunication , in a most insolent manner , notwithstanding all his embassadors , advocates allegations and proffers of satisfaction , , to , , . the bulls , causes of his excommunication and dethroning , , to . his notable stout speech after his dethroning by the pope and council ; he sets his crown on his head , bids defyance against the pope ; sends notable letters to the king of england and other princes , against the pride , insolency , ingratitude of the pope and prelates , occasioned by their great endowments , riches , by the bounty of christian emperors , kings , to the impoverishing of their realms ; asseits , it would be an act of charity very acceptable to god , to resume their possessions , riches , which made them cast god behind their backs , choaked their religion , caused them ungratefully to conspire and set themselves against their advancers heirs ; exhorting them to reduce them to their primitive humility , condition , to substract their great noxious revenues from them , which made them mad , riotous , rebellious , and unlike the primitive bishops in the apostles times , who subdued emperors , kings by their piety , holineste , nor by armes , , , . the great dangers many princes , prelates apprehended would ensue by this emperors deposing , by encouraging popes ( though of mean birth ) to trample all emperors , kings , princes , prelates under feet at their pleasures , and grow intollerably proud , insolent ; to boast , we have trampled the very greatest lord and emperor frederick under feet , and who art thou , who rashly believest thou art able to resist us ? . the pope exhorts the cistercians to live and dye in his and the churches quarrel against him , who thereupon inclined to his party , , . all christendome troubled with wars by the hatred , discord between the pope and him , and the universal church every where endangered , , . the french nobles adhere to him , detest the pride of the pope , the servant of servants , who rejected all the honest conditions of peace which he offered him , . he the greatest of all christian princes , who had not his equal ; an enemy to pope innocent the . generally hated in most kingdoms , . two new emperors successively set up against him , their forces defeated , one of them slain in battle , the other dyes , . appendix . he is poysoned by his most intimate counsellor and advocate peter de vinea , corrupted by pope innoccut the . his great gifts and promises ; his memorable declamation against popes ingratitude , insolency , advanced from nothing by his predecessors to so great wealth , power , who thereby endeavoured to exterminate , destroy their advancers and the tottering empire , , , , . the punishment of his poysoner , the popes great rejoycing at his misery , death , , . frederick king of naples , his great munificent gifts of crown lands , revoked , . g. germany , almaign , popes pretended title to it , . the emperors oath , power , he cannot alien his lands or soveraign power , , , , . see index . emperor , oath , frederick , otho . seditions , rebellions raised in it by popes , against the emperor , , , ● , , , , , . shaken with intestine wars by the pope , , , . gothes , obey the greek church , . granado , popes pretended title to it , , . greek church , subject to the patriarch of constantinople ; its errors , opposition against , separation from the church of rome for its detestable symony , ambition , corruptions ; the several nations , countries obedient to it , rejecting the popes authority ; its claim of primacy above the pope , by st. peters first preaching , fixing his see at antioch , not rome ; g 〈◊〉 us its patriarch , and greek churches opposition against pope gregory . who grants a croysado against them , , , , , , , , . greek emperors , , , , , . their donations of the lands of the empire revoked , . h. haco king of denmark , norway and sweden , his coronation by the popes legate , gifts to him and the pope for it , . henry . emperor , pope paschal . and his cardinals grant of the right of investitures to him , by his bull , oath ; perjuriously revoked soon after , . king henry . of england , his charter of laws , liberties ●ead to the barons by archbishop langeton , who swear to revive , maintain , and fight for it to death in convenient time , . enlarged with divers new additions in king johns great charter , . he erected , endowed the bishoprick of carlisle , , . king henry . of england , his antient jurisdiction over clergymen by prescription , declared voyd by the pope , , . he ejects the abbesse and nuns of ambresbury for their incontinency , and puts others in their places , . his contests with becket , abjuration of the antient priviledge of investitures , and right of conferring bishopricks , before the popes legate , . revokes , resumes the crown lands , mannors , castles , granted by king stephen an usurper to the nobles , as voyd ; and the counties of northumberland , cumberland , westmerland from the king of scots , . king henry . of england , his coronation at gloucester at . years old , after his fathers death ; his oath ; homage to the pope , , . the bishops , nobles , castellans homage , fealty , and fidelity to him ; he remains in the custody of william earl of pembrock , his chief advancer , ibid. many barons revolt from lewes to him , for breach of his oath , and detaining their lands , casties , . he routs lewes his forces ; articles of agreement between them ratified by oath , out of which sundry bishops , abbots , clerks were excepted , , . the popes usurpations on him , by reason of his infancy , necessities , assistance of him against the french and revolted barons , , , . his memorable prohibitions , writs to restrain the usurpations , extortions , exorbitant encroachments of popes , popes legates , delegates , archbishops , bishops , and other agents in england and ireland , upon the rights of his crown , the liberties , properties , consciences of his subjects , courts , officers , and redresse their grievances : see prohibitions , elections , excommunications , oathes , index . and index , , , , , . his letters to popes to remove two bishops of ely and put another in their place , by reason of their manifold treasons against his father , himself , and consequence of the isle of ely to the realm , , , , to . his gratulatory letter to a cardinal , for the popes and church of romes assistance in delivering him from , protecting , supporting him in his troubles ; and craving his assistance to protect the english from the french who had crossed themselves against the albigenses , . to pope honorius and his cardinals , concerning the appropriations settled on the bishoprick of carlisle , and the bishop thereof promoted by the popes legate , , . he constitutes a general proctor in the court of rome for him and his , in all matters for or against them , , . he writes to the pope and cardinals , to order some french bishops to compell the earl of march his son to marry his sister , according to his oath , or restore her to him , both which he had refused , . the detainers of his castles upon his complaint excommunicated by the popes legate , till restored , , , , . crowned the second time at westminster , by the archbishop of canterbury , . under the guardianship of the bishop of winton , ibid. present at be●kets solemn translation as a martyr and saint , . prohibits any to detain the bishop of londons lands by gift , sale , mortgage or grant , without the bishops consent ; and to put the bishop in possession of them , , . his writs , patents , procurations , appeals , contests concerning the election and confirmation of archbishops , bishops , deans , chapters , archdeacons , clergy , dismes and church-affairs of england , wales , ireland , normandy : see index , , , , , . his appeal to the pope in case of the church of acley , before the popes legate and others , . his patent to the chief justice and others in ireland , to receive and assist the popes legate sent thither , . his writ to sell victuals and other necessaries to the jews , notwithstanding the archbishops inhibition , . his answer to the archbishop and nobles in a parliament at london , requiring the confirmation of the great charter of liberties and other customs ratified by oath , notwithstanding their extortion by violence , . his demand of normandy from lewes the french king according to his oath , with his answer thereto , , . his prohibition to the archdeacons official to invade his rights and rents ; and to the bishop of durhams officers , not to hold any plea , use any writ , liberty in right of the bishoprick , not formerly used in time of his ancestors , . his letters of thanks to the pope and his legate gualo , for their former assistance , imploring their letters to some bishops , nobles , whose activity or fidelity he suspected , to assist , adhere to him in his affairs ; gain restitution of his castles , lands detained by the spiritual sword ; to lay aside all prejudice against him and his chief justice , with his recommendation of some of their loyalties , , . the popes letters adjudging him of full age , able to govern the realm by advice of his counsil , requiring all nobles , souldiers , others to restore his castles , honours , lands in their custodies in england and ireland , and compell the refusers to it by ecclesiastical censures ; which most refusing to do , the archbishop and his suffragans excommunicated them ; whereupon the earl of chester , and all others by his example , restored them to him , , , . his and his parliaments , bishops proceedings against falcatius de brent , for seising and close imprisoning one of his justices itinerant in bedford castle , and holding it by force against him , till taken by siege , . his letter to the pope for simon langetons return into england , upon the archbishops security that his return should not be hurtfull to him or his realm , . the popes letters to him concerning a truce with france , , , . his royal assent to a bishops election ; writ concerning a certificate of bastardy in ireland , and against an appeal to the pope therein , , . his obtaining license from the pope and archbishops to hold pleas and juries in advent and other prohibited times in certain causes , , . his patents constituting several general and special proctors in the courts of rome , france , and elsewhere , for his affaires there with the pope , cardinals , french king , and others , , , , , , , , , , , , , , , , , , , , , , , , , , , , to , , to , , to , , to , , , , , , , to . , , , , , to , . his pensions , gifts to cardinals , others , for expediting his affairs there : popes letters to him for their continuance , , , , , , , , , , , . popes bulls for his messengers free passage to him through the king of franc●s tertitories , notwithstanding their differences , , . his letters , to popes , their bulls for ayds , disms , collections for him from the prelates clergy of england and ireland , for publick defence ; necessary supplies ; voyages to the holy land ; with the prelates , churches , nobles answers , oppositions against them , disposing the moneys only as the pope and his legates appointed , , , , , , , , , , , to , , to . , , , to , , , ● , , , , , , to , . his inquisition concerning the liberties of the bishop of ely , . he refuseth to hear or answer the popes letters , demands by otto his nuncio , but in a parliament of the clergy and nobles , with his and their answer thereto , , to . he refuseth to restore falcatius to his favour and lands at the legates motion , being condemned by the clergy and nobles in parliament , . his writ to the archbishops , bishops of ireland , to attempt nothing to the prejudice of his crown , . pope honorius letters to the earl of march , geoffry de lizimaco , and others , to restore his sister , castles , and return to their allegiance to him according to their oath , under pain of excommunication , , . , . he refuseth to go into france by advice of his nobles to recover his rights against the french king , while crossed , imployed in the popes wars against the earl of tholouse and albigenses , upon his inhibition to him , . his contest with the monks of durham about their bishops election , , . he extorts a fifteenth from the prelates , clergy of england and ireland by the popes assistance and censures , without appeal or relief , , . the emperors notable epistle to him for suffering the popes scandalous excommunication of him , and absolution of his subjects from their allegeance , to be published openly in england , to subject him and the empire to the see of rome , and make them his vassals , tributaries , as he did king john his father and england ; and timely to look to the popes avarice , iniquity , ambition , since his dangerous president concerned him and all other christian kings , , . his particular letter thereupon to the pope ; that the only peace of kings and kingdoms consisted in his and the churches safety ; that he exhorted the emperor by no mans rash advice to recede from the devotion due to him and the church , but humbly to obey and submit to him ; that he would and was obliged to him as to his father and lord , whom he would assist in the fulnesse of all fidelity and obsequiousnesse ; advising him to a reconciliation with the emperor upon due submission , for the relief of the holy land , hindred by their quarrels , , the contest between him and the monks of canterbury about the archbishops election , his disallowing their choice ; and his proctors promise of a disme to the pope in england and ireland to subdue the emperor , upon condition to null their election , and make richard archbishop , whom he recommended to him ; which he did accordingly : making an archbishop hereupon by provision , without any election , ( though at the kings and suffragans request ) which introduced all subsequent provisions by popes to other bishopricks in england and ireland , , , , , . his grant of the custody of all archbishopricks & bishopricks in ireland to satisfy debts . his patent to all abbots , priors , nobles and other lay-subjects in ireland to pay tithes of ponds and fishings to the parishes wherein they were , without expecting any writ or mandate , because he would not have those tithes detained to the peril of his soul , . his cowardise to oppose , and forwardnesse to promote a disme for the pope , through england , wales , ireland , ( which most of the nobles , clergy denyed ) to wage war against the emperor to depose him , according to his promise upon nulling the archbishops election : the popes agents insolency , tyranny thereupon , , , . he exacts an ayde from the clergy to recover his rights beyond sea , . complains to the pope against the endeavors of the archbishops and bishops of ireland , to deprive him of his antient right of the custody of bishopricks there during their vacancie , and suits in his courts by his bulls , which he requests him not to grant to the hurt of his rights and authority , . he denyed to grant a pension to one of the popes creatures at his request , by reason of his penury and want of money , , . the archbishop and some other prelates refuse to grant him an ayde of escuage in parliament , which all else assented to , . his offence against the pope for nulling the due election of his chancellor to canterbury by all the monks , after his restitution of the temporalties , without any cause , and ordering a new election by his bull ; his prohibition and appeal against it , as contrary to his prerogative , , . the monks refuse to elect any archbishop without the kings special license : whereupon the pope sent a pall to edmund , & made him archbishop without their previous consent , or the kings license , vacating . elections one after another approved by the king , , . the insurrection against the romans by popes provisions , and spoyling of their barns , goods , throughout england ; with the kings and prelates severe proceedings against them , and those who countenanced them , upon the popes letters , , to . his severe proceedings against hubert de burgo earl of kent , his chief justice , and faithfull counsellor , for conniving at the plunderers of the romans and other pretences , taking him per force out of sanctuaries , to which he was constrained to restore him by the bishops excommunications , interdicts against the actors and assisters therein , , . he commanded the bishop of carlisle and his goods to be stayed by his officers at dover , departing the realm against his license , for which they were excommunicated by his insolent bishops in the midst of his army at hereford ; though he murmured against and prohibited the excommunication , . he erects an house for the convert jews in london , and an hospital , , . he resolves the wife of a convert jew , who refused to turn christian with her husband , should have no dower of his houses , . his prohibition to bishops to act any thing in their convocation contrary to his crown , person , state , under pain of forfeiting their baronies , . his contest with , reprehension by the archbishop elect , and bishops in parliament , advising him to banish his foreign ill counsellors , reform his practices , whereby his father lost normandy , his subjects hearts , almost all his treasure , kingdom , and crown of england ; the realm troubled , interdicted and the prince of provinces made tributary to ignoble persons ; threatning to excommunicate him and all other contradictors in a short time if he corrected not his errors ; whereupon he humbly craved time to alter his counsil , and take account of his treasure , till he could remove them : and sends to the earl marshal and prince of wales for a reconciliation with them , , , . his writ for imprisoning and banishing all whores and priests concubines out of oxford , upon their oath never to return again or keep company with them , , . clerks livings sequestred for his debt , . his contract of marriage between the emperor frederick and his sister isabella ; and submission of himself and his successors therein to the jurisdiction & censure of the pope and church of rome , ( who promoted the match ) notwithstanding any exception of the court , or royal dignity , if he failed of paying her port●on on the dayes prescribed . the instruments , letters concerning it , , to . his proxy to the pope to confirm his contract of marriage , , . his remonstrance to the pope of the treachery of the earl of britain in revolting from him , and delivering up his castles in g●scoigne to the french king , against his homage , fealty , and expresse oath , desiring him by ecclesiastical censu●es to compell him to reparations , , . his letters signifying his consent to permit the bishop of ●riaton to return into england at the popes request on his behalf , . his reprehensory letter to the chief justice of ireland for not executing his letters sent to him , and to prohibit a legates comming into ireland from the pope without his license , . his letters to the pope on behalf of the abbot elect of st. albans , the pope thereby inforced on him a new oath of fealty ; his letters slighted at rome without great gifts and bribes , , , . the popes vsurers harboured and maintained in london under him , their execrable bonds and penalties , , , . append. , . he repeals his grant , made before his marriage , because not made with assent of the pope or his legates , without which he pretended he had no power to make any grant of his lands , as if he were not king , but the pope , subjecting himself to his sentence , and excommunications , , , . pope gr●gory the . his bull sharply reprehending him for alienating the crown-lands , to the prejudice of the see apostolick as lord thereof , and ordering him to resume them , notwithstanding his grants , and oath , , . his parliament at merton , law , nobles resolution in case of bastardy contrary to the popes canons , and writs to the chief justice of ireland concerning it , and other affairs , , to . his patent not to draw an escuage granted him by the clergy into consequence , his writ for a resting and imprisoning all hereticks of what sort soever till his further order , . his patent to poll all clerks of his houshold who wore long hair , . his writ prohibiting monks to buy and sell wool , skins , or other merchand●ze , under pain of forfeiting the goods and monye , . his writ to the chief justice of ireland to do speedy justice between two ●ishops , according to the law and custome of ireland , notwithstanding any former letters ; to receive the archbishop of rhoans oath of fealty by his proctor , and restore his temporalties , , . the deplorable sad slavish condition of the church , realm of england under him by the simony , provisions , extortions , rapines , depredations , excommunications , usurpations of ambitious , avaritious popes and their instruments , , , , , , , , , , , , , , , , , to , , to , , to , , , , , , , , to . , to . . to , , , , , , , , , . appendix , to . he sends for otto the popes legate into england , to the nobles , prelates , clergies great discontent : concludes a peace with the king of scots in a parliament at yorke , , . he sends his proctors to the councils held at panls by the popes legat , and at oxford , not to act or attempt any thing against his crown and dignity , , , . his writs , severe proceedings against the oxford scholars , for assaulting the legat at osney abbey , , , . he disposed not of the taxes granted , levyed but by the legates advice , . opposed , deserted by most of the nobles , because swayed by the popes legate : who came with horse and arms to the parliament ; admonished him of his errors ; whereupon he swears to submit to their provisions , by an instrument sealed with his and the legats seal , , . his speeech against simon monteforts mariage , notwithstanding the popes confirmation thereof , . he oppresseth the church , monks , prior of winton about the bishops election , , , to . he so farr displeased pope gregory the . for sending ayde of men and money to the emperor frederick his brother-in-law , and desiring him to deal more mildly with him , that he suspended all englishmens businesses for a time , , . he stayes otho in england , after the popes letters to recall him , sends messengers , letters to the pope for that end , skipt for joy that he obtained his request therein , . which he soon repents of , by reason of his ●apines and impudent demands , , . he takes away his seal from his faithfull , discreet chancellor , about an election , which he after repents of , he refused to re-accept it , . the bishop of london and canons of pauls by excommunicating the mayor and interdicting the city , enforce him to release one of their canons , imprisoned by his command in the tower in chain● , . the emperor frederick his letters to him and earl richard against pope gregories unjust excommunication and defamations published by his legare in england , against the lawes of god , and justice , with his recriminations of him to the archbishop of conterbury to be every where published to his infamy ; with the emperors reply : whose execrable papal actions to the destruction of the world , trampling justice under feet , stirring up rebellions against him , and attempts to deprive him of his life , empire , he sadly recommends to king henryes consideration , as highly concerned in it , , to . his eyes are opened to see the popes extortions , he prohibits his usurers to stay in england , who for money continued there notwithstanding , . the emperors sharp letters to him for suffering the popes agents wittingly and willingly in his hearing to publish scandalous letters , excommunications , and extort monies by taxes , rapines against him throughout his dominions , to his great inf●my , injury , prejudice , for foolishly obeying his capital enemy , thirsting after his honor , blood , against the lawes of consanguinity , god , nature , in this businesse which concerned his own and all other kings persons , crowns , safety , as much as his : that it was all one to fight against him with moneyes , as with arms ; that the pope to his own infamy gloried in nothing so much , as that he had the power of a l●●ge lord over him ; that his insatiable ambition determined to subject all christian kingdomes , and the emperor most of all to his dominion , taking an example from the crown of england trodden under foot : he expected an answer therein , that he might certainly know whom to trust , or bewa●e of : who returned this unkingly answer ; he neither would , nor durst contradict the popes will , & wondered his sister was not yet solemnly crowned empress , , , , : his letters to him concerning the taking of faventia , and the popes legates , prelates , going by sea to the council against his advice , , . his prohibition against the popes legats provision to a praebendary in his free chappel , , . his consent to a provision to the bishoprick of landaffe , and revocation of his grant of the temporalties thereof , , . his patents to the chief justice of ireland to assist the cardinals agent to collect their procurations and dismes there , , . his prohibition to build a church and houses for canons at maydeston , . to the legat not to exact the th part , or other taxes from his clerks , , . to the prior of rupe , not to collect a disme from the monks of cluny in england , granted by the pope without his assent , against the right of his crown , nor any other tax ; till he advised with his prelates and nobles in parliament , . his sharp answer to the abbots who complained against peter rubeus the popes agen● his intollerable tax upon them for their baronies held of him , instead of assisting them , to their great discouragement , , , . the clergy of perkshire oppose it , amongst other reasons , that they ought not to contribute against the emperor as an heretick , being neither condemned nor convicted by the judgement of the church , though excommunicated , . he feasted , placed the popes legate in his royal throne at dinner , knighted and gave his nephew a pension at his departure from england , after . years irreparable damage to the church by his stay here , not leaving so much money in england as he extorted , . his writs to inquire of the number , values of all benefices and provisions to forraigners in england , by what popes , legates , and to whom granted ; what monies had been collected for the pope , what was arrear in every diocesse , , . his writs to apprehend apostate monks , and remove dead corps from one monastery to another , according to the parties will , . his patents for archbishops & bishops executors to execute their wills and administer their goods on the temporalties , , . his writs reciting that god had constituted him , by reason of his government as king , defender of the church , which he by gods grace would and ought to defend ; to remove all violences , injuries in churches by whatsoever persons or occasion they were committed , and reasonably to punish them with justice ; that therefore it was fit his bishops , who by reason of their baronies are bound by oath to conserve the kings temporal honors and dignities ; should by a gratefull requital preserve the rights and liberties of the regal dignity , , , , , . his writs for making publike prayers for the prosperity of himself , his queen , and military expedition , . his prohibition of any novelties , or new ecclesiastical encroachments , to disturbance of the clergy and realm , , , . he imployes the prosits and provisions of the archbishoprick of canterbury during the vacancy , to supply his forces in france , . his endeavours to procure boniface , his queens vncle , a forraigner and unfit person , archbishop of canterbury , which he effected , the pope and he favouring , promoting one another designs : his letters to the pope and cardinals on b●●i●ace his behalf , , , . his writ to the mayor of winton not to permit the bishop whose election he opposed , or any of his officers to come within the city , to the sheriff of the county and others not to receive , lodge , or give him or his officers victuals within the county : the bishops excommunication of them thereupon , he forced to quit the realm ; , , to . pope innocent . his sharp letter reprehending him for writing to him ; that no postulation of a bishop from the pope o● other ought to be admitted in the realm of england against his will ; that he had the same power in temporal as the pope had in spiritual things ; that no bishop ought to receive possrssion of his temporalties without his assent ; that he held the popes translation of the bishop of norwich to winton invalid , as done by the vice of surreption ; which sounded not to the honor of god , nor of the church , not of his own sublimity ; especially , since the pious credulity of all christians held , that the apostolical see by the providence of god had a free power in all churches , neither was it bound to stand to the arbitrement of princes that their assent should be required in the businesses of elections or postulations of bishops ; admonishing him to restore the temporalties to the bishop he had confirmed against the kings will ; else , since he desired not the liberties of the church to be d●minished in his dayes , but to be encreased , through gods favour , he could by no means endure , that himself should suffer so prejudicial an injury in this bishop ; who gave this pope marks , without abating one penny for this bishoprick , , . the bishop of wintons propo●als to him for the preservation of his antient prerogative concerning the election , postulation , and confirming of bishops , to continue in full vigor , to release the interdict against the city of winton , and absolve the citizens of winton , with all others he had excommunicated in the quarrel between them ; their accord and reconciliation , , , . the contest between him and grosthead bishop of lincoln , about a provision and the church of thame , , . he claims an interest in the church of lincoln , and in the controversie between the bishop , dean and chapter , by their charters produced , . his writ not to permit the monks of bardeny to be tak●n and imprisoned upon an excommunication unduly awarded against them , and to take their impropriations as well as other lay-fees into custody during the vacancy , , . his summons to the bishop of aquis , to answer his imprisoning of . and killing one of the citizens in a hostile manner , to his enormous disgrace as king , and prejudice of his dignity ; his order therein , no more to insest them , , . his license to the abbot of the cistercians to send one or two monks of his order to visit the cistercians in england . his writs to provide livings for his clerks of the chancery , . his writs not to suffer female heirs in capite , especially such as hold castles , to marry without his royal assent , and to require pledges of them for that purpose : and against archdeacons demanding annual procurations , . he extorts escuage : demands the price of one years wool from the cistercians , who opposing it , are thereupon prohibited to meet at their chapter , or to transport their wool that year , and abused by the kings officers , especially on the sea , , . the nobles assemble and petition to him against martins the popes agents intollerable grievances and provisions of benefices to italians , and other forraigners , which they should rather dye then any longer tolerate , , . his notable letters to pope gregory and innocent . against their provisions to churches , to the great grievance , oppression of him and his kingdom , and of the rights , liberties of the crown , and to redresse this innovation ; which yet neither of them refrained , following their own unbrideled wills ; whence men believed , that the ●o●d and his apostle peter ( whose fo●steps they did not follow ) were not unworth●ly provoked against the church of rome , who bent th● how , and prepared against it , , . the pope exemots david prince of no●thwales from his allegeance and oath to him for marks a year out of it and its appurtenances ; who fled to the popes wings for shelter , protection in his rebellion against the king of england , whose vassal he was , , . his nobles in parliament refuse to grant him an ayde against the scots : pope innocent . his letter to the prelates and clergy to grant him an ayde ; wherein he extolls him for a catholick prince , and devout sonne of the church of rome , alwayes so studying to reverence his mother with filial subsection and obsequiousnesse , that he would by no means decline from its good pleasures , but perform with all ready diligence what things he knew gratefull and pleasing to her . wherefore it was both condec●nt and condigne for him and them if they more easily granted his requests , and gave him an ayde for his present great arduous affairs ; which yet the bishops , abbots joyntly and severally denyed , postponing the popes as well as kings petition , , . the popes new bull and martins demand of an ayd for the pope : which the bishops , nobles joyntly opposed , and the emperors embassadors ; who advised the king justly and potently to sree the realm of england from the tribute wherein pope innocent the . bad unjustly obliged it , and all other papal grievances wherewith it was daily oppressed : which if he refused to do ; the emperor would grievously panish every of his he could fiade within his dominions , ● , , . his breach of the great char●r , notwithstanding his oath to observe ●● , and publick excommunication by st. edmond archbishop of c●n●●●u●y against all infringers of it . the nobles pio●osi●●ns to prevent it , by having the power to elect his counsellors , chancellor , chief justice , and o ▪ ther officers , to publish a new excommunication against all infringers of it , and enter into a new oath to observe it , upon concestion whereof they would grant him an ayde , , . he condescends that the bishops in every diocesse should publish a sentence of excommunication against him , and all who went against the great charter of liberties in any article . they grant him an ayde to marry his daughter , s. out of every knights fee held in capite , and repeating what aydes they had granted him , and how much moneyes he had extorted from them from time to time , , . his prohibition to all bishops , abbots , others who field baronies of him in capite , to oblige their lay-fee to the church of rome , whereby he might be deprived of his due service , . his prohibition to martin the popes legate , declaring , that no popes legate ought to come into the realm , unlesse specially requested by him from the see apostolick ; that the legates so requested did never pervert the popes mandate , nor endeavour to subvert the rights of the king and his great noble , ▪ of which nature bishops and abbots were justly reputed , who held baromes of him like other nobles , whom he needed to protect as well as laymen , if he would preserve his realm ; who were reacy to mutinie against him by reason of his provisions to their livings , which neither he nor they could or would any longer patiently endure , to the subversion of the realm ; threatning to put a bridle to this his insolence , injury , and to complain thereof to the pope and cardinals , if he carried not himself more modestly , without intrenching upon his or his nobles rights , who proceeded notwithstanding , , . his writs to inquire in all counties the annual sum of the romans , italians rents , wherewith the court of rome had fraudulently , violently enriched them in england ; found to amount to marks in rents , besides other profits ; to the . part of which all the kings standing revenue amounted not , , , . his writs to all ports to intercept all popes letters , bulls to levy moneyes , brought by clergy-men , monks , or other of what degree soever , whethee aliens or denizens , and imprison the importers , . to prohibit all taxes to the pope in england or ireland , . his speech and malediction to martyn , desiring of his shelter against the nobles fury , who threatned to hew him in pieces ; and safe conduct to him in his timerous flight out of england , , . the pope grinds his teeth at him , for that he would not accept of his comming into england , when the kings of aragon and france s●●bad him entrance into their realms , and so reproachfully cast out his nuncio and clerk out of england with an execration , wishing the devil to carry him to hell , saying in a great rage with a murmuring voyce , rolling his eyes , and shriveling his nose ; it is expedient for us to compound with the emperor , that we may break in pieces these rebellious petty kings ; for the dragon being qualified or pacified , the little serpents will quickly ●● trodden under foot : which speech divulged , ingendred grand offence and indignation in the hearts of many , . alexander king of scots his charter of peace and fealty to him , ratified by his and his nobles oathes and subjection of him and his heirs to the popes jurisdiction , censures in case he violated it , to compel him to satisfaction , , . he commands the bishop of worcester to excommunicate david prince of northwales his vassal , & interdict it , for breach of his charter , homage , fealty , oath by his rebellions , according to his submission by his charter : who by bribes procured an absolution from them all of pope ianocent the . who injuriously usurped his land , to hold it under the yearly tribute of marks . he is summoned to appear before the pope concerning the contents of prince davids charter , and answer certain injuries done by him , as he said , to david . his and his nobles indignation , detestation of this avarice of the pope : they perswade him not to regard these injurious papal mandates , and invade wales , to represse this new insolence of ingratefull david ; he wastes wales with fire and sword , which the pope winks at , and passeth over in silence , , , , . his oppositions , contests against the elections of the bishops of london , durbam , coventry , together with a writ to the mayor of cicester , not to permit the bishop elect or any of his - to enter the city gates : his seising , detaining the temporalties of bps. elected against his will , , to , . his writs , care to preserve his royal jurisdiction & rights of his crown against the vsurpations of the bishops in ireland , . his writs to inquire what lands , tenements , rents archbishops , bishops , priors , aliens , or any normans had in england , , . the councils and parliaments held under him : see councils , parliaments : he dispenseth with the bishop of durhams attendance in parliament by reason of danger from the scots , . his liberties granted to the abby of westminster , . his patent that no freer minor should be a bishop in ireland , , . his writs prohibiting any ayde to the archbishop or pope without his assent , . his license for a popes legate to go into ireland only to absolve such who laid violent hands on clerks , and collect dismes , without exercising any other jurisdiction , till his further order , . his writ to his chief justice in ireland to proceed to give judgement in an assise , notwithstanding any menaced excommunication , and attach , imprison bishops and others for holding plea of layfee in the ecclesiastical court , to the prejudice of his crown and dignity , . his licenses to bishops to make wills , and their executors to execute them , without him or his heirs interruption , . he sends proctors to the pope to complain of , redresle the injuries done to him , for creating divers bishops without his assent ; for nulling due elections confirmed by him , upon false , forged , frivolous malicious pretences , against his antient and approved right used in former ages ; to the great detriment of the church and realm , . his letters to the pope to excuse some of his bishops and abbots summoned to the council of lions from appearing in it , by reason of age , sicknesse , poverty , their imployments in the custody of the realm , and other publike services ; with his answer , assent thereto , except only to one of them , . he sends solemne embassadors to the council of lions to complain of the daily grievances done to the realm of england by the court of rome , and against the tribute , charter extorted from k. john in time of war , to which the nobles never assented , nor would assent , and which the archbishop protested against ; and to present the nobles letters against papal grievances and extortions : their proceedings therein , , , , , , , , . his writs to all his bishops , abbots of england and ireland resorting to this council , according to their oathes to defend the rights and royal dignity of the king in all things , to use all fidelety and diligence therein to preserve , defend the rights of his crown , kingdom ; and not to act or assent to any thing contrary or prejudicial thereunto , , . he denyes pope innocent the . his request to come into england , wherein he had a special right , by reason of the prejudice that would arise to it , and infamy of the popes court , whose stink ascended to heaven , . the emperors notable letter to him against the ingratitude , pride , insolency , treachery of popes , prelates , clerks , against emperors , kings , others , from whom they received their endowments ; oppressing the sons of their donors , by whose almes they were fatted , enriched ; forgetting their native condition , being the sons of their poor subjects , yet neither reverencing , fearing emperor or king , when made popes or prelates : the injustice , tyranny of pope innocent . in denouncing a sentence of excommunication and deprivation against him , without any ciration , hearing , conviction of any fraud or pravity , to the enormous prejudice of all kings , who might justly expect the like proceedings , if he a christian emperor , lawfully , unanimously elected , approved by the church , whiles the clergy flourished in faith and religion , owned emperor by god , and magnificently governing other kingdoms , was thus dethroned , who had nought to do with him in temporal matters , if peccant in them : that he was not the first , neither should he be the last who was thus infested by the abuse of papal authority ; since their ambition sought to swallow down jordan and all earthly powers , though the turpitude of the court of rome was such , as all might execrate , and honesty , shame prohibited to recite : that their plentifull rents , revenues wherewith they were enriched , to the impoverishing of most realms , made them mad : that the more they received , the more they coveted ; insnaring , dethroning their pations , advancers : that he intended to reduce all clerks , especially the greatest , to their primitive humility , state , condition in the apostles age , when they were famous for piety , miracles , conquering kings , princes by their apostolical lives , humility , sanctity , not a●mes : that those now being addicted to the world , drunken with delights , cast god behind their backs , all their religion being suffocated by the affluence of riches and wealth : that it was a work of charity for him and all christian kings to substract their hurtfull riches , wherewith they were damnably burdened ; and that they should serve god in doing it , exhorting him to joyn therein , , . his extraordinary anger against the english bishops , for setting their hands and seals out of effeminate fear , to the transcript of king johns detestable charter burnt at lyons , at the popes command , after his and the nobles protestation against it therein , and resolution never to pay , or suffer the tribute therein mentioned to be payd : his oath after the nobles protestation ▪ th●● although the bishops were dishonestly incurvated , yet he would firm'y stand for the liberty of the realm , neither would he whiles he lived pay the church of rome the annual reat under the name of tribute , , . the popes secret rancour , and great anger against him and the realm , for daring to bewaile or mutter against his manifold injuries ; his vaunting speeches , that if he could tame frederick , he would easily tread under feet the insolent pride of the english , who complained of the oppressions of the roman court , especially of the tribute , in the council : instigating the king of france in a secret conference at glungy , to wage war upon the king of england for so great an injury , till he had disiaherited , or so enormously bu●t him , that he should wholly submit to the will of the roman court , volens ●olens ; which he refused , because he was king henries kinsman and their queens sisters ; because he had no manifest right to the crown of england ; because there was a truce between him and the king of england , which he would rather prolong , that so he might relieve the holy land ; because much christian blood would be shed , before the realm of england would yield to france ; because the christians in the holy land were now oppressed , besieged by the pagans , who expected his relief ; and because he had a stronger and more hurtfull enemy to the chruch of rome to be first conquered , to wit frederick , , . his priviledge , that no legate should come into his realm unlesse requested ; fraudulently abused by the popes sending certain sophistical legates , having greater power to excort rents , money , and were more insolent then legates in all things , although they had not the ensigns of legates , being clerks , or freers minors , or preachers , who made them his beadles and tax-masters , to the scandal and detriment of their order , , , , . he summons a parliament at london , by reason of the popes indignation against him and all his nobles , oppressing them with many daily intollerable grievances , and divers new devices to extort monies more then before ; their complaints against his grievances , which they could no longer tolerate without the brand of sluggishnesse and imminent ruine , being done in contempt and spight ; his papal indignation so swelling against the miserable english , for that they durst complain against their daily injaries and oppressions in the council ; which he so multiplied without intermission , that the english were more vile in his eyes , court then any other even of the remotest nations : insolently saying ; it is expediens for us to compound with the emperor frederick , that we may trample the little king of england , our vassal , under feet , who now kicks with the beel against us , , . the king , archbishops , bishops , abbots , and nobles , draw up . articles in parliament against the popes grievances and oppressions : . in extorting , collecting several sums of money by general taxes and assesses , without the kings assent or consent , against the antient customs , liberties , and rights of the realm , and against the appeal and contradiction of the proctors of the king and kingdom , made in a general council . . in hindring patrons to present their clerks to vacant livings , and bestowing them by provisoes on other roman clerks , utterly ignorant of the english tongue , to the peril of the peoples souls , and impoverishing of the realm beyond measure , by transporting money out of it . in granting pensions out of livings by provision , and more provisions of benefices then he promised after his bull against them . . that one italian succeeded another . . that subjects causes were drawn out of the realm by the popes authority , against the custome of the realm , against the written laws , that men ought not to be condemned amongst their enemies ; and against indulgences granted by his predecessors to the kings and realm of england . . the frequent mention of that infamous word non-obstante in his bulls , by which the religion of an oath , antient customes , vigor of writings , the established authority of charters laws , priviledges were debilitated , vanished away and his not carrying himself courteously towards the realm , in revoking the plenitude of his power as he promised . . that in the benefices of italians , neither their rights , nor sustentation of the poor , nor hospitality , nor preaching of gods word , nor the usefull ornaments of the churches , nor cure of souls , nor divine services in the churches , were performed as they ought to be , and according to the custom : of the country ; that their houses , walls fell down together with their roofs , and were dilapidated . to which other complaints to the king and parliament against the court of rome were superadded , which they sent to the pope by their respective messengers , with five several letters ; two from the king to the pope and his cardinals ; a third from all the archbishops , bishops ; a th . from all the abbots , prior● ; the th . from all the earls and temporal lords , speedily to reform all these their grievances , to prevent unavoydable mischiefs to the king , pope and church of rome , and their revolt from subjection to them , , to . they complained , the pope demanded knight-service , due only to the king , lords from their tenants , from prelates , clergymen , to find him so many horse or foot for half a year , or pay a great ransome in lieu of it , under pain of excommunication ▪ which they must reveal to no man : that he granted one years fruits of all benefices that fell voyd within the province of canterbury to archbishop boniface : that he by sealed bulls required the abbots of the cistercian order in england , to send him golden jewels to adorn his planets and copes , as if they might be got for nothing : that he published this new unheard of statute in england , not without the brand of covetousnesse , that if any clerk should from thenceforth dye intestate , his goods should be converted to the use of the pope ; which he commanded the freers preachers and minors diligently to execute , seising on the money , plate , and goods of three rich archdeacons ; which the king hearing of , prohibited , detesting the multiplied and manifold cunning avarice of the court of rome ; and by the common advice of his prelates and nobles in parliament , issued several successive prohibitions to the abbot of st. albans and others , not to pay any tallage to the pope or his agents , before the return of their messengers sent to rome against these grievances , under pain of seising his barony ; and to the bishops not to exact or levy any such tax for any clerk , religious person , or layman , to the prejudice of his royal dignity , against his and his nobles provisions in parliament , which he neither would nor could endure , , , , . the pope placing his confidence in gold and silver , contemned the zealous letters and memorable complaints of the king and whole kingdom against his exactions , requiring the bishop of norwich and others to levy a subsidie for him , at which all were amazed , they receiving such a new grievance instead of the relief expected ; the kings wrath and indignation thereat , and new memorable prohibitions against it ; the english church thereby ground as it were between two mill-stones , and placed between sylla and carybdis ; the king by the general advice and assistance of his nobles endeavouring the salvation and instauration of the realm on the one side , and the pope endeavouring its impoverishing on the other : many prelates fearing the instability and effeminacy of the king , and his counsils resolutions , fomented the papal part , though they never had seen that the church received any happy encrease , but rather incurred unhappy detriment by such effusions of their money , , . he summons a new parliament at winton , concerning the manifold dissolutions of the whole realm , and especially of the church ; wherein the messengers sent to the court of rome reported , that they could discerne no humility nor moderation in the popes gestures or words , concerning the oppressions wherein the realm , church of england were grieved and complained : that when they expected a pleasing answer , the pope told them , the king of england who now kicks the heel and frederizeth , hath his counsil , and i have mine , which i will pursue : that from that time scarce any englishman could dispatch any businesse in court ; yea they were all repelled , and reviled as schismaticks ; so as so many and such epistles of the king , and universality both of the nobles and prelates of the realm , had no efficiency at all . at which report the king and nobles being much grieved , exasperated at the repulse of their just petitions by the court of rome , to which they had so often freely contributed , the king by their advice commanded proclamations to be made through all counties , cities , boroughs , and villages of the realm , that no prelate , c●●rk , o● other person throughout the realm , should consent to any contribution to the pope , or transmit any money toward his ayd , or in any wise obey his papal command in contributing aydes ; which was accordingly done . the pope hearing thereof , fell into a vehement anger , writ to the english prelates more sharply then before , under pain of excommunication and suspension , to pay in the ayd he demanded to his nuncio in the new temple before the feast of assumption : which the king resolving manfully to resist as he had begun , for the freeing of the realm and church from papal extortions , by the threats of earl richard his brother , ( to whom the pope granted a croysado ) and the whisperings of certain ambitious clergy-men and papal bishops his counsellors , ( whereof the bishop of worcester was principal , to whom he granted a power of interdicting the realm ) was so inclined by their counsils more then was just , that his constancy was enervated with the same levity it was conceived , being so terrified with the popes menaces , that he trembled for fear where no fear was , yea womanishly relinquished what he had manfully undertaken , submitting to him as conquered , affrighted : whereupon the whole endeavour as well of the nobles as bishops , and the hope of freeing the english church and realm , miserably withered and came to nought , not without the bleeding grief of many hearts , all this resistance vanishing like a cloud before the shining sun , the clergy satisfying the gapings of the roman avatice with this contribution without resistance ; the richest prelates & clergymen who had greatest revenues , which they over-heartily loved , fearing to lose them by the popes indignation , complying with his designs ; and those who resolved to resist through the noblemens encouragement , ( the kings eyes being averted , and his ears closed against them by the court prelates ) being forced to comply and pay marks to the pope , to the great impoverishing of the realm ; which was transported by the popes nuncioes and merchants to ayd the landegrave against the emperor frederick ; part whereof he intercepting , grievously reprehended the effeminacy of the english and earl richard , complaining much of it before his fellow souldiers , who seemed to have consented to the popes party , to the destruction of the realm of england , and detriment of the empire ; because he gathered much treasure together out of the assistance of the crucesignati , by the popes permission , whereby the audacious rapines of the romans were infinitely encreased , by how much they found no contradiction in them ; flying from those who chased them , and pursuing such who fled from them ; so as all the hope and consolation of relieving the english expired , whose enemies were their judges , , , . pope innocent . informed by his nuncioes of the kings and english fear , intended to interdict the realm had they not payd his marks tax , and the king by his nuncioes signified his complyance to it , notwithstanding cardinal john an englishmans sharp reprehension of his indiscreet anger and violence , by which the holy land was endangered , the greek church departed from them , the emperor the greatest , powerfullest of all princes , an adversary to them , he and his cardinals ( the top of the roman church ) expelled italy , hungary and its confines exterminated by the tartars , germany shaken with civil wars , spain raging mad against them , to the cutting out of bishops tongues , france reduced to poverty , conspiring against them , and england so frequently hurt by their injuries , like balaams asse , beaten with spurs and clubs , at last enforced to speak and revile them , complaining she was over-intollerably wearied and irreparably damnified ; so that like ismael they were now odious to all , and provoked all to anger : yet the pope took so much boldnesse from what was past , more imperiously then before to trample upon the miserable english , most of them being troden down , dissipated , effeminated ; he demanding , that all resident beneficed persons in england should pay the third part , and all non-residents the moity of their benefices to him : the prelates opposed this tax as impossible , and the kings proctors strictly prohibited all the clergy of england , not to assent to so execrable a demand of the pope , or consent to this contribution to the kingdoms desolation ; which they obeyed , appealing against it as intollerable , impossible ; which they had more effectually contradicted , if they had had any confidence in the kings wavering words and promises : the clergies answer thereunto , and appeal to jesus christ and the next general council against it : their complaint against it to the king and parliament , with their nuncioes and epistles to the pope and his cardinals , in behalf of the whole clergy of england , against his unsupportable exaction , , , , , . the court of romes indignation against their letters , as well reprehending as restraining their avarice , who thereupon reduced their demands to marks subsidie , excluding all the exempt abbots of england cut of this sum , to be more perilously exposed to the roman rapacity ▪ , . the popes delusory grant to him , that whereas he before indifferently granted provisoes of ecclesiastical benefices in england to italians , to its intollerable grievance , he would from thenceforth by gods grace , when he granted any such provisions to any of his or his cardinals nephews , importunately intreat the king , that he would be pleased to condescend to such a provision , whereby they more strictly ensnared him ; this being but a baited hook to enrich the popes secretaries , by such rhetorical epistles from the pope to the king on their behalf , , . his indignation , exclamation , prohibition against the popes grant of the first years fruits of all vacant benefices within the province of canterbury for . years to archbishop boniface , till he should raise the sum of marks , to be levyed by this apostolical authority without any appeal : his effeminacy in condescending to it afterwards , and not standing for the defence of the realm , and honour of the archbishops of canterbury , against the debts of that church as he ought , the suffragan bishops being compelled by the popes authority , excommunicating all who durst speak against it , to submit thereto , not daring nor being able to oppose or contradict it , , . he commanded the keepers of the ports by his writs to prohibit the importation of any bulls , for provisions or exacting monies from the church of england by the popes authority , to impoverish the realm , or suffer any to wander with them by land to the prelates ; and if any such were found , to apprehend and imprison the bearers of them , . he prescribes a special masse to be said upon the canonization of st. edmund , . he augments the dignity of the abbot of westminster , that celebrating masse in his pontificalibus , he should give the benediction solemnly to the people when agnus dei was sung , . he seiseth the temporalties of the archbishop of rhoan , for not coming personally into england to swear his fealty for them , . he prohibits the collection of one years disme in england from the monks of the order of cluny , granted to the abbot by the popes authority , ( who was to have part thereof ) without his royal assent , and seiseth all the monies collected thereby , , . he restores the temporalties of the bisho ▪ prick of coventry , long detained in his hands , out of his meer grace , to roger de w●seham made bishop thereof by the pope , to the prejudice of his prerogative , . his high resentment of bishops excommunicating his officers for executing his writs , in removing a force out of a church to the prejudice of his royal dignity and authority , and making a fraudulent appropriation to his and the churches prejudice , , . his license for the pope to grant a provision , though odious , at two of his clerks requests , so as this his license were not drawn into consequence , . his care to prevent the popes provision to the archbishoprick of ardmach , . he summoned a parliament at london , to oppose an importable contribution to the pope , to which the bishops had unhappily obliged the clergy in a general council , who thereupon absented themselves , lest they should seem to oppose their own facts far off , wherewith they knew the hearts of all men were not undeservedly wounded , even to the bitternesse of soul , . another parliament of all the nobles convened by him at oxford , to which the bishops were strictly summoned , to prevent the manifold exorbitant exactions of the pope and his sophistical legates , to the apparent danger of the realm , impoverishing of the prelates , by papal extortions and frequent exportations of the treasure of the realm , without any benefit to the church , yea to its great disadvantage , and gods displeasure ; where all the prelates consented to a grant of marks to the pope , which some of them before resolved to oppose ; besides the exempted abbots , exposed to the popes arbitrary demands , which rendred the bishops and clergy suspected to the whole realm , . the pope and king suspected to comply together to force exactions from the church and state by turns ; the pope writing to the nobles to grant the king an ayde , and the king conniving at , or assenting to his papal exactions from the clergy , ground between the pope and king as between two mill-stones , , , . he refused to license the bishop of sabine a cardinal legate , to enter england in his passage to haco king of denmark , norway and sweden , till he had first taken an oath upon his soul , that he came into england for no detriment of the king , or kingdom , or church , but only to passe peaceably through it from the port of dover to lenn , and to passe from thence to those northern realms with the next opportunity and winde ; because all sorts of legates and popes nuncioes , were accustomed to impoverish , or by some meanes to perturbe the realms into which they entred ▪ his free gifts to this legate coming to visit him , . his notable prohibitions upon the complaint of nobles and others , to the bishop of lincoln , his officials , rural deans , and others , against summoning and enforcing lay-persons by ecclesiastical censures , to appear before them in their courts and visitations , to make inquisitions and give in informations or testimony upon oath against their wills , in cases of incontinency and other scandals , never formerly used , against his crown , dignity , the laws , customs of the realm , to the scandal , vexation of his subjects , and danger of their reputations , souls , , , , , . his carrying of the viol of christs blood brought from jerusalem , from st. pauls to st. peters at westminster with his own hands , in a solemn procession , bestowing it on that church , to be there reserved , adored as a most precious ( though forged ) relique , , . his new fair granted to westminster , and suppression of all other fairs and sale of goods in london for several dayes , to draw company thither to adore this relique , . his notable letter to the bishop of durham , charging him with contempt against his crown , dignity , and ingratitude in distreining the cattle of the prior of tinemuth , . his pusillanimity in not recalling the popes suspention of the prelates to collate to benefices , till the romans covetousnesse was satisfied ▪ and not protecting the abbot of abendune , against the popes citation to , and vexations at rome , for conferring the church of st. helen on aehelmar his half brother , at his request , who had given it to a roman , to whom the pope enforced the abbot to pay an annuity out of his chamber , to his churches great detriment , , . his and his officers spoyles , rapines , during the vacancy , of the abby of st. edmund . and bishoprick of bath and wills , , . his prohibitions against citing his clerks out of the realm , and levying first fruits granted by the pope to archbishop boniface , out of lay-mens benefices , , . his confirmation of the antient liberties of the dean and chapter of york , saving the antient rights and liberties of the crown , of which he was in actual possession , , . he summons a general parliament at london , wherein he demands an ayde , for which he was sharply reprehended , being contrary to his late charter to the nobles , and for his indiscreet prodigality to aliens , whom he called in , marrying his nobles to ignoble aliens , against their wills , assents , and disrespecting his native subjects ; for keeping vacant bishopricks , abbies long in his hands , whereof he was to be the guardian , defender , protector , who spoyled , impoverished them to their destruction , against the first and chief branch of his coronation oath , , . that he had no chief justice , chancellor or treasurer , made by the common counsil of the realm , as was fit and expedient , he alwayes making such as followed his own will for his gain , and promoted not the publick , but their own singular profit , by scraping wealth , and gaining wards and rents for themselves : at which he blushing , as conscious , promised he would most freely , certainly and thankfully reform all these things , thinking by this feigned humility to win all their hearts to condescend to his demands ; who often deceived by such promises , delayed to grant an ayde for a time , till they saw an actual reformation ; whereupon the parliament was adjourned , , . at the second meeting , he taxed the nobles for dealing uncivilly with him their king , lord , in denying him that liberty which every of them used , to chuse what counsil , officers , servants he pleased , and preferre , depresse , remove them at his pleasure : adding , that servants ought not to judge or fetter their lord with their own conditions , much lesse vas●als their prince ; that all inferiors ought rather to be directed , ordered by the will of their lord , the servant not being above his lord , nor the disciple above his master : that he should not be reputed their king , but their servant , if they might thus incline him at their pleasure ; wherefore he would neither remove his justice , chancellor or treasurer , as they propounded , nor substitute others ; yet demanded an ayde of money from them to acquire his rights in foreign parts , which concerned them likewise : upon which subtile answer by those who feared to be displaced had he followed the barons general advice ; they all unanimously answered , they would by no means unprofitably impoverish themselves , to make foreigners proud with their goods , and strengthen the enemies as well of the king as kingdom , as of late hapned in po●ctou and gascoign : the parliament thus dissolving in discontent , he fell out with his counsellors for losing the hearts of his nobles ; who to raise monies , caused him to sell his plate , jewels ; oppresse and extort money from the londoners ; to take up provisions for his houshold by force , without paying for them ; to beg money from particular nobles , prelates , abbots when severed , who denyed him any ayde whiles conjoyned , by letters , messengers to them one after another , which took small effect with any , , to . his messengers to the pope , and prohibition to some bishops his delegates , charging them upon their oaths of fealty , not to prejudice the rights of his crown , in putting the popes provisor into a benefice , to which he presented a clerk by his royal prerogative , under pain of seising their baronies , . the dean , chapters , bishops of st. asaphs two charters to him under hand and seal , that they ought not to elect a bishop without humbly petitioning him and his heirs for a license to elect ; and that he ought to confirm their election before any consecration , , . his writs , and pope innocents bull concerning the priviledges and exemptions of his free-chapples from episcopal jurisdiction or taxes , , , , . see free-chapples . he sendeth for , and craves pardon from the londoners for injuries done them ; crosseth himself for the holy land , to extort monies from his nobles under that pretext , who formerly denyed him an ayde , , . he for money procures a bull from the pope to his nobles , when they had sold , mor●gaged their lands , and prepared all things for their journey to the holy land , not to repair thither under pain of excommunication , till he might go with them as their captain ; commanding the constables of 〈◊〉 and other ports , to suffer no nobleman who was crossed to passe beyond the seas : he exacts vast sums of money from the jews and christians under that pretext , . his letters to the bishops of ireland , to preach the crosse and raise monies for his pretended voyage , , . his patent to the master of the jews law in london , to excommunicate all such jews who promised any monies towards their church-yard in london , and payd them not , so as he might receive the amends for it , . his indignation against grosthead bishop of lincoln , for excommunicating the sheriff of roteland for not apprehending a clerk excommunicated by him , after . dayes ; and popes letter he procured concerning it , . his prerogative to have all royal fishes wherever they arrive , and writ concerning it , , . his notable writ to bishop grosthead , to appear and answer his contempt before him , for endeavouring to deprive him of his ancient prerogative to attach clerks in his diocesse ; for contempts , in proceeding against his writs of prohibition in the ecclesiastical court , which exorbitant injury and contempt he neither would nor ought patiently to endure ; with his special mandate to his justices of the kings bench , to keep him in possession of this liberty , not permitting any thing of this his right to be diminished , , . he refuseth to hear or redresse the complaints of the prior of st. bartholmews , and canons of pauls , against archbishop boniface , for beating , wounding him and his canons , and tearing his miter when he came to visit them ; he excusing and justifying himself before him : his proclamation throughout london , that none under pain of losse of life or member , should presume to intermeddle in that quarrel to prevent a sedition ; the londoners resolving to ring their common bell , and hew the archbishop in peices if they found him , for this fray and riot ; who backed by the king and queen , excommunicated the canons afresh in his chapple at lambeth , . pope innocent . desires his license to repair to burdeaux in gascoign ; the king of france his brothers charging the pope , that his covetousnesse in prohibiting the voyage of the crucesignati , and dispensing with their vows for money , was the cause of the french kings overthrow ; soliciting king henry to joyn with the emperor , and hasten his voyage to the holy land according to his vow , as he tendred the honour of christ ; which put the king to a great dilemma , either to displease the pope , or the emperor and french king , , . he used all diligence to procure the monks of winton to elect his brother aethelmar bishop of winton , though a foreigner , youth , unlearned : his letters , speech to them , to induce them to chuse him bishop ; and menace , to confound all the monks if he found them rebellious to his perswasions ; who despairing of any assistance from the pope by appeal , where any thing might be obtained by gifts , they unanimously elected him out of fear , against their consciences : the kings letters , messengers to the pope for his confirmation , which he obtained by great gifts , and by a provision of marks a year rent , which the pope exacted for the duke of burgundies young son , , . he commands the woods of the bishoprick of winton to be cut down , sold , and the money brought into his treasury , but distracted not the goods thereof , because his brother aethelmar was to enjoy them , . he enricheth his brethren and queens kinred with ecclesiastical livings ; writes on their and boniface his behalf to the pope , against his suffragans , . prescribes an anniversary obsequy for his mother qu. isabell , and prayers to be made for himself , his queen and children , , . he refused to assent to a disme granted by the popes letters to his brother geoffry in the province of burdeaux , because he should suffer damage thereby ; yet consents to his grant of a disme in the province of dublin to stephen longespe , . his letters to the pope to appoint auditors named by him , to take the account of the bishop of worcester , of the disme he granted him for the holy land , and not to hearken to his complaint for seising his barony for excommunicating the sheriff of roteland against his prohibition , to the prejudice of his royal dignity , . his license to transport stones from bristol castle to ireland , to build a church in dublin , . he seiseth the liberties , and attacheth the bayliff● and . burgesses of rochester , for thrusting a condemned person into the church to prevent execution , . the massing furniture he provided for his chappel in windsor castle , . his patents , temporal courts defiled with non-obstantes like the popes , by whose non-obstantes he justified his , . he sides with the covent of westminster against the abbot , grants them the custody of the temporalties of the abby , and goods thereof , during the vacancies : his prohibition to foreign merchants , usurers to lend any monies to the abbot or covent thereof , without his royal and both their joynt assents thereto , , . he feasts with his brother the new bishop of winton upon his return from rome , his injuries , grievances to the church of st. alban , spoyling prelates and religious persons by the popes command , reducing them to extreme servitude , . his hydropical thirst after gold , silver , jewels , which he extorted from jewes and christians , . the pope animates him to go to the holy land to ayde the king of franc● , he takes on him the crosse , and summons all the londoners to westminster to crosse themselves for the holy land , only to gain money , , , , . his writs to the archbishops , bishops of england and ireland , to promote the preaching of the crosse to raise monies , by freers predicants and others , and to publish the popes indulgences to such who crossed themselves , , , . several writs concerning it , and his voyage to the holy land. his letters to the queen of france for restoring the lands taken from him in france , which would be a great encouragement for him and his nobles to relieve the distressed christians and king lewis , , . he summons a parliament , reads the popes bull to the prelates to grant him an ayde , which the bishops opposed , lest it should be drawn into custome by a double act ; they promise him an ayde , conditionally , to confirm the great charter of their liberties so often agreed to , promised ; to swear anew , inviolably to observe it for the future ; and so as the money might be faithfully collected , reserved in safe hands for his use , till he actually went to the holy land , and not prodigally spent , to the prejudice of the realm and his faithfull subjects , and advantage of his enemies , like former aydes ; whereupon he swore horribly in a great rage , that he would never whiles he lived , inthrall himself to such a servitude ; their further debates concerning it , his discourse with the bishop of ely , with his stout answer , refusal to ayde him to the impoverishment and servitude of the church ▪ in imitation of tho becket , and edmund of canterbury , who were martyred . his indignation against his brother , bishop of winchester , for his ingratitude in opposing his ayde , he committing him to the living devil , at his departure : the parliaments dissolution in great discontent without ayding him , they telling him he was born only to extort money and empty their purses , , to ▪ he and the pope favoured , furthered each other in their tyranny , exactions , which provoked the anger and internal hatred of all against them , yea a manifest departure ( although not of bodies , yet of hearts ) from the church of rome , and a general exasperation against her , extinguishing as it were the fire of mens devotion to her , . he resolved to send for a legar , which should compell the bishops by the popes authority to pay the contribution demanded , although an heavy tribute , and new intollerable servitude to the church , . he extorts gold from the londoners against their charters , as if slaves of the basest condition , . he oppressed , exacted great sums of monies from several religious houses , the world being then so addicted to spoyls and rapines , that whoever could extort any thing from ●eligious houses , thought he rather merited then demerited , he gave away his escheats , vacant rents , churches to unworthy illiterate scurrillous foreigners , in contempt and revenge to the english , committing and causing to be committed many thousands of souls to such aliens as were altogether unlearned , unworthy , obscene , and knew not the english tongue , to provoke the anger , hatred of those english who were worthy and learned against him , . his speech , oath against the pride , insolency of the prelates , religious persons , templars , hospitalers , occasioned by their liberties , charters , and great superfluous possessions , which made them mad , and ought to be prudently , advisedly resumed , as they were imprudently and unadvisedly dispersed by kings : that as the pope sometimes , yea very often revoked , nulled his former bulls , acts by non-obstantes , so he might likewise revoke all charters he and his ancestors had unadvisedly granted them . whereto the master of the hospital of jerusalem answering ; what is this you say , my lord the king ? god forbid such a displeasing and absurd word should fall from your mouth ; so long as you observe justice , you may be a king ; and so soon as you shall infringe it , you cease to be a king : to which he replyed too uncircumspectly ; o you englishmen , what means this ? will you precipitate me from the kingdom as you did my father , and kill me being deposed ? the pope by albertus his nuncio prohibits him to invade the king of france his lands , whiles imployed in the holy war , proffers the realm of sicily to his brother richard , who refused it : the kings letter of thanks to the pope for this proffer of sicily to his brother , and all other favours received from the church of rome ; requiring that a competent ayde might be given his brother by the clergy to gain it , yet with a saving the ayde he had granted himself for the holy land , , . pope innocent by his connivance granted more provisions , and more oppressed the church of england during his papacy , then all his predecessors ; the rents of the romans , besides other revenues , amounting annually to above marks , his own regal rents not to the d. part thereof , . england trodden under foot by aliens , subject to many lords , deprived of his sincere love , languished without consolation to despair , enthralled in extreme conditions , whereby ( which was most grievous ) the venemous hatred between the church and people daily encreased , his writs against bishops for contempts to admit his clerks upon presentations , . he prohibits bakers by proclamation to imprint the signe of the cross● , agnus dei , or name of jesus on any bread put to sale , . his writs to sundry noble men , not to foment ▪ the difference between archbishop boniface and the bishop of winton , nor take part with , or bear armes , or make tumults for either of them , . he summons a new parliament at london ▪ demands an ayde of money : the archbishop and two bishops sent to him , to perswade him according to his oath to permit the church to enjoy her liberties ▪ especially in elections , not to intrude persons into them by regal power , to the destruction of the prelates , subjects , and great damage of the church ; to correct these and other his errors , according to his oath , and the great charter : which done they would yield to his request : his sharp , satyrical reply to all . bishops promoted by his meer grace , though unworthy , wishing them first to repent , resign their bishopricks , as unfi● for them , to give him good example ; who would thereupon elect fi●ter for the future : they grant him an ayde upon condition to confirm the great charter , though frequently violated by him and his father k. john against their oathes , for which they got infinite sums of money . he confirmes the great charter . a solemn excommunication denounced against all infringers of it and the churches liberties , by the archbishop and bishops in westminster hall , in presence of the king and nobles : his promise , oath to observe all articles of the charter as he was a man , a christian , a knight , a crowned and anointed king , , , . when he had a lighted taper put into his hand whiles the excommunication was read , he delivered it to a bishop to hold , saying he was no priest , holding his hand upon his breast , with a serene and chearfull countenance , ibid. his letters to the pope on behalf of the bishop of chichester and his chaplains for provisions for them , . to excite all christian princes to joyn with him in ayding the holy land , . he gives one cup to put the eucharist in of . marks price to every archbishops , and of . marks to every bishops cathedral in ireland ; the sum of marks to be distributed to the hospital of st. johns , freers minorites and others in ireland as his chief justice should deem meet , . pope innocent . in a great passion against bishop grosthead , said of k. h. . with a proud minde ; is not the king of england our vassal , and that ▪ i may say more , our bonds●ave ? who can at our beck imprison and enthral him to ignominy ? . his writs to earl richard , & guardians of the realm in his absence , to bestow livings on particular clerks which next fell void in his gift of such and such values by the year , . his writs to promote the croysado , and certify the number of those who crossed themselves in ireland , , . his protection from suites to the archbishop of ardmach during his journey to rome , . his writ to celebrate the masse of st. edward every day in his chappel during his absence in foreign parts , . the pope offers him and his sonne edmund the kingdome of sicily and apulia , which his brother earl richard refused ; he indiscreetly accepts thereof : binds himself by oath and covenant to perform the hard conditions comprised in the popes priviledge whereby he granted it ; obligeth himself by letters , writs under his seal in vast sums of money , debts to the pope and his merchants under pain of interdict , disinheritance ; spends a world of treasure about it , yet never got possession thereof , being cheated of all his money and it at las● ; the writs , procurations , transactions between him , the pope , cardinals and parliament concerning it , , , , , , , , ● , , , . see apulia , sicily , index . his nobles , parliaments opposition against it , , , . his great joy and elevation for this shadow and vain grant of the pope , and investing his sonne in possession of sicily by a ring : he stiled him king of sicily , recommends him by that title to his parliament , ibid. . he opposeth sewalds election , confirmation to the archbishoprick of york , which the pope notwithstanding confirms , . see index . sewald . dismes granted him by the pope for the holy land ; writs concerning the collecting , disposing compositions for , accounts concerning them , , to , , , , , , to , . see aydes . the prelates much opposed them , , . he prohibits the archbishop to exact aydes for making the kings sonne a knight , or marrying his daughter ; from the bishop of rochester , and him to pay them , till determined by his counsil whether he ought to have them by law , . he seised the lands of the dean and canons of yorke , for invading the citizens temporal liberties , , . he assigned l. a year out of his exchequer for repair of westminster church , which was to be new consecrated , . his inquisitions of all the particular mannors , lands , ●ents , services of religious persons , and their values , . his vain expedition to , vast expenses in gascoign , more then it was worth to be sold , . his vain liberality to the french and french churches , in passing through france , . pope alexander absolved him from his vow , voyage to the holy land against the saracens , so as he went with an army into apulia to conquer manfred , the strong enemy of the roman church , , , . he reviled the bishop of london for opposing rustands demands on behalf of the pope and him , saying , that neither be nor any of his loved him ; with his bold reply , . see index . the pope and king , like the shepherd and wolf , confederated together to devour the flock , , . he seised on the persons , goods of all clergymen , whether justly or unjustly suspended , excommunicated by rustand after . dayes , seeking whom he might devour . the pope , church of rome never so tyrannously , cruelly oppressed christians , wounded the souls of all christs servants , as anno & h. . by his connivance , so as almost all the devotion of the prelates , clergy , people towards their mother the church of rome , and their father the pope expired ; who nulled all their former priviledges , used his papal power for their edification to their destruction , converted . years dismes into . and the croysado against the saracens , against apulia and christians ; forcing christians falsly to break their oathes , vowes , yea to turn idolaters , apostates , in renouncing the truth : selling prelates , like sheep or asses , for money , , , . his writs for solemnizing st. edwards feast at westminster , make oblations for him ; to feast the poor ; for the mayors , londoners solemn processions thither , . for all the crucesignati to learn to draw their bowes , and publish the indulgence granted them , ibid. his writ to punish the riot done to the bishop of durham and his servants , in abusing , beating , imprisoning them , , . to prince edward to reform the grievances of his judges , sheriffs , bayliffs , temporal officers in ireland , done to the bishops clergy , tenants , upon their complaint , by advice of his counsil , nobles there , that he might have the honour thereof , , . to make an exchange for bishops lands to build a castle in ireland , . for allowing the dean and chapter of st. martins their tenants amerciaments ; to pay his chaplains wages twice a year ; and to the cistercians to make prayers for his , his queens , childrens , and affairs prosperity , , . his notable prohibitions against prosecuting the mayor of london , and sheriff of worcester in spiritual courts , and excommunicating them , with his officers , citizens of york and others , for executing his writs , in contempt of his crown , dignity , law , custom of his realm : mandates to absolve them , , , , . he prohibits the sequestration of the priory of winton , and any to lend monies to the monks or church thereof , who had brought their church in debt by prodigal expenses , suits , , . he founds the priory of ravenstone , and constitutes a prior therein , . he claims the cup , palfry of every bishop and abbot of the realm that dyes , by his prerogative , . he sends many jewish converts by his writs to several monasteries , priories in england , to be maintained by corodies in them , by several successive writs ; whom they generally refused to receive , , to . he reconfirms the great charter , renewing the solemn excommunication against the infringers thereof in another parliament , with king johns charter for freedom of elections , which were sent to the pope to confirm , . his tyranny toward vacant churches ; the pope and roman court durst not offend him therein for their own interest , but connived thereat , , . he seiseth on the archdeaconry , goods of john roman archdeacon of richmond , one of the richest and most coverous of the clergy , who promoted the romans most of any to prey upon the english church , clergy , . he could not move archbishop boniface to do justice to the bishop of rochester , after manifold complaints , . his letters to the pope and a cardinal , on behalf of the church of st. albans about a provision , and against drawing suits out of the realm , , . the strange form , conditions , penalties , usury reserved in his proctors obligations made in his name for monies borrowed from the popes usurers , , . the popes letters to him on behalf of the cistercians , whom he oppressed notwithstanding for denying him an ayde , , , . the popes consolatory letters to him and his queen , touching the overthrow , taking , imprisonment of the duke of savoy by his citizens , against whom he warred with the spoyles of canterbury , . he prohibits any prelate , souldier or clerk to go beyond seas , or popes bulls to be imported : yet specially licenseth rustand and the bishop elect of sarum to passe over privately about his own secret affairs , . his royal authority and the kingdoms dignity daily declined by the popes consecrating bishops , whose elections he opposed , and obtaining palls , consecrations at rome from the pope for money , whether he would or not . the english bishops , clergies discords encreased the popes and his courts revenues , , , . his ratification of an accord between the bishop and prior of winton , , , . his writ commanding the dean and chapter of york to install john mansell his clerk in a prebendary at york by proctor in his necessary absence , notwithstanding any oath or custom to the contrary , . his writ of quod dampnum , concerning the enlarging of the cathedral church at lincoln upon the dean and canons petition , . his writ for providing . marks a year for rustand the popes nuncio , out of livings and prebendaries in his gift , which should first fall void , . his proceedings against the jewes of lincoln for crncifying a christian child in contempt of christ , , , . sends the bishop of ●●y ambassador to spain ; and satisfied the debts wherein he was ingaged for him to the popes merchants ; and the debts of the bishop of hereford , bound only to decoy the other bishops , , , . his writs to the wardens of the cinque-ports , to permit no clerk to passe beyond sea , unlesse he would first swear if he went to the court of rome , he would impetrate nothing against the king concerning sicily , or the ordinance made thereon by the pope , nor other things against the crown and dignity of the king of england , . his writ to rustand to collect and deposite the money of the disme in a safe place , and to dispose of none of it , untill he knew the popes pleasure concerning it , . obliged not to go in person , or send a captain to sicily , till he had first paid the pope and his merchants marks by a short day ; which involving him in great difficulties , he craved longer time for payment by letters to the pope and cardinals , , , , . how much he had then actually paid for it , , . judge b●actons passages concerning his royal jurisdiction , prohibitions to ecclesiastical courts and popes delegates , , to . he summons the abbots of the cistercian order by his writs to london , demanded a great ayde of money from them ; which they unanimously denyed to pay , for which he and his officers molested them : but the bishops gave him an ayde of marks , to the irrepelable losse and dammage of the church , to conquer sicily and apulia , , , . the chief end they gave it was , to induce him to grant . articles they had drawn up , ( much like those for which the glorious martyr becket contended to death ) for which they resolved to fight if denyed . archbishop boniface summoned a council to confirm these articles ; the king by his writs prohibited him and the bishops to meet therein , which yet they did in contempt of his royal authority . the articles , canons they drew up and confirmed in it , to the subversion of the kings , civil officers , judges ecclesiastical and civil prerogatives , his nobles , commons liberties , properties , his laws and courts of justice , subjecting them all to their ecclesiastical censures , jurisdictions , interdicts , excommunications for acting ought against them , and wholly exempting the clergy from the kings temporal jurisdiction , , to . the kings and nobles appeals , proctors sent to rome to complain against , repeal these their antimonarchical constitutions , as grievances highly prejudicial to the crown , liberties , laws , customs of the kingdom , , , , . the archbishop forced to fly the realm thereupon , not permitted by the king and nobles to return , but upon condition to reverse all his excommunications denounced against any man by these constitutions , and by reason of the late troubles ; to act nothing for the future in matters concerning the affairs of the church or realm , but by the major and discreeter part of his suffragans , and other discreet men of the realm ; and that he or the clerks coming with him , should bring with them nothing in letters , messages , mandates , nor do or procure any thing else whiles they continued in the realm , whereby any damage , peril or prejudice might come to the king or any of the kingdom , , . see index . archbishop boniface . his writs concerning the sequestration of , and monies raised by the profits of vacant bishopricks , to be reserved under lock and key in his treasury of the new temple london , , . he refuseth the bishop elect of ely , made against his letters for another , and in indignation fells the woods , impoverished the tenants , damnified the monks by john valeran , to whom he committed the custody of it , and exposed that church to extreme servitude , depredations , contemning the fear of god , and reverence of saints , . his prohibition to the archbishop not to consecrate him , and letters to the pope , cardinals not to confirm him , his election tending to disinherit him of his antient prerogative , in ordaining bishops in cathedrals ; yet they at last confirmed him , to his great dishonour , , , . his procurations granted to renounce his and his sons interest in the realm of sicily , if expedient for the good of the church of rome , , , , , , , . his letter to pope alexander concerning sicily and apulia , so to dispose of that affair , that he , his heirs , and whole realm of england might alwayes obey the church of rome with accustomed devotion ; and that by occasion of that affair , from whence he received no fruit , he might incurre no further damage : that he would consider , if he had obliged himself to the prosecution of that affair under divers penalties ; to wit , that if he did not pay the pope the monies promised , or not send or go in person to sicily , it should be in the popes power alone to null and make voyd his grant thereof ; yet notwithstanding he , as king , should be excommunicated , the realm of england interdicted , forfeited : he desired these penalties might be remitted , other propositions he proposed therein accepted of ; submitting the whole businesse to the meer mercy , will of the pope and his cardinals , to order and dispose thereof as they should think meet for the honour of god , of the church of rome , of himself and his son edmund , whom they called king of sicily : protesting he undertook this affair not for any temporal respect , but out of that sincere affection and devotion he alwayes had to the church of rome , and see apostolick , in whom he had singular confidence , having alwayes stood by him in his adversities , and by whom when infested as well by his own subjects as foreigners , not supported by the help of any other , he evaded the subtilties of his enemies , and triumphed laudably over them , , , . he seals blank white papers and schedules with his own great seal , . with the seal of prince edward , and . blanks more with the golden seal of edmund his son , to be sent to rome concerning apulia and sicily , . he brought his son edmund into the parliament with an apulian habit , commends him , prays their counsil , or an effectual ayde for his assistance , affirming that by the counsil and loving favour of the pope and church of england , to acquire the realm of sicily , he had obliged himself under pain of losing his realm , to pay one hundred and forty thousand marks to the pope , besides use money which daily encreased : that he had obtained the tenths of all the clergy for . years , according to the new taxations , without any expences deducted ; & the first years fruits of all vacant benefices from the pope , which made all mens ears to tingle and hearts to bleed : that his debts and expences after he became a dilapidator of the realm , amounted to nine hundred thousand and fifty thousand marks , which was horrible to think of , . pope alexanders earnest letter to him , to right the bishop of rochester against the oppressions of archbishop boniface , which he had neglected to do after frequent complaints , to his defamation and dishonour in foreign parts , being obliged by the great charter he had ratified , against the infringers whereof the bishops had by his assent denounced a general excommunication , and by his coronation oath , to defend the liberties , rights of the church , and of this and all other bishops ; requiring him by a day to restore him and all other archbishops , bishops , prelates , and ecclesiastical persons to their rights , out of reverence to jesus christ , who had made him his anointed one with holy oyl ; for the honour of the cross , whose badge he had taken upon him , and for the salvation of his own soul ; considering that sins were never remitted , unlesse rapines were restored ; else himself according to his duty would proceed to hear their complaints against the archbishop : yet the king after these and many other complaints , encouraged the archbishop , who was thereupon cited to rome to answer , satisfie the unrepaired injuries before the pope , , , . the pope and he so spoyled , impoverished england , that for want of monies lands lay untilled , and multitudes of people dyed through penury : yet he then called in arlot to flea off their skins ; whereupon the nobles seeing the kingdom desolated on all hands , by the extortions , tallages as well of the king as court of rome , and by the presumption , advancements of foreigners , who swayed all things , confederate and provide for their own security , raise forces under pretext of going against the welsh , met together with horse and armes at a parliament at oxford ; their proceedings , provisions made therein to redresse these grievances , expell all foreigners by force , confirm , maintain the great charter and these provisions , which all were sworn to observe , committed to . to execute : the kings half brothers refuse to swear to these new provisions ; swore by the death and wound● of christ , they would never resign the castles committed to their custody ; the high contests , words between them and the barons about it ; they depart from oxford to ●in●on , whither they are pursued with horse and armes by the barons ; who refusing to stand to the judgement of a parliament there held , fled the realm , , , , . their monies seised at dover , london , elsewhere by the kings writs , , , . the parliaments and nobles oppositions against , and reprehension of his folly in accepting sicily , apulia ; refusal to ayde him therein , being undertaken without their advice ; complaints of the manifold frequent rapines of the pope and his legates , to the undoing of the church , realm , to promote that design , , . he imployed simon passeleve to carry letters to several abbots to borrow monies ; his subtilty , falshood in that affair discovered , defeated , , , . the parliament adjourned ; the altercations between him and the nobles at their re-assembling , concerning his violations of the great charter so oft redeemed , purchased , against his oath , promises , excommunications denounced ; promoting , enriching aliens , impoverishing his natural subjects and himself , so that he could not recover the rights of his realm , nor repulse the injuries of the welsh , the despicablest of men : his conviction , confession of these his crimes , that he had oft been bewitched with ill counsil ; his oath upon the high altar , and st. edwards coffin , to reform his pristine errors , and be advised , ruled by his native subjects ; yet not believed , because so fréquently violated , . his and his fathers frequent breach of oaths , and the great charter ; he and prince edward enforced to swear to the provisions made at oxford , , . mansuetus , after arlots revocation , by his procurement sent by the pope into england to fleece it ; his prodigal expences on this and other popes nuncio●s , , . he had power to absolve the king and all others from their oaths , to supply his present necessities , to furnish the pope with monies for apulia and sicily , . his safe conduct to william de valencia to depart the realm , . his writs for the banishment and transportation of the archdeacon of winton , a poictovin , . he induced the abbot of westminster by fallacious promises , to set his and his covents seal as a surety for him to a bond of marks , to give a pernicious example to other abbots , to extort monies from them who opposed it , , , , . the abbots chuse rather to incurre his indignation , in not being bound for him in great sums of money , then the popes ; who had expresly prohibited them to enter into any bonds , under pain of interdict and excommunication , , . a proteus , whom his nobles knew not how to binde by his oaths , charters , promises , or otherwise , to observe the great charter and their liberties , , . his writs concerning the archbishopricks , archbishops of tuam and dublin ; and patent concerning his right of patronage and presentations to churchs as patron , or in right of his prerogative , in the mannors of archbishops and abbots , , , . his patent to defray the expences of his nuncio to the court of rome , , . his letters to the pope and cardinals , for prorogation of the businesse of sicily till a further time then formerly appointed , , . concerning a peace with france , to end the old and new controversies between the two crowns , , . his letters to the pope , that he had earnestly demanded an ayde from his nobles for apulia , who promised to grant one , if he would reform the grievances of the realm by their advice , and the pope mitigate his conditions in his instrument , which they deemed overhard , and prayed to have them moderated , , . his procurations to oblige him , his realm , and son edmund in any conditions , and to swear on his soul to observe them , . his patent to a proctor to demand a legate from the pope , . he assigned the disme the pope granted him for . years , to satissie marks due by him to the pope and church of rome , . his letters to the pope to ratifie the barons provisions made at oxford , for the good of him and his realm , . he repents of his oath to these provisions , and to avoyd the brand of perjury , sent secretly to the pope to absolve him and his son from their oaths inviolably to observe them ; which he easily obtained by his letters and nuncioes from pope alexander . and urban his successor ; pope urbans bull published for dissolving all those confederacies , statutes , provisions , absolving all from their oaths to observe them , and excommunicating all who should maintain them , , , , , , , , , . pope alexander the . his letter to him for continuing an annual pension to arlots nephew , who came into england upon his own calling , , . he would permit none to be elected bishop of winchester by the monks , but such as were most dear to him , . his license by advice of his counsil to the bishop of london elect , ( wengham his chancellor ) to hold all his former ecclesiastical dignities , benefices of his patronage in england and ireland with it , so long as the pope would indulge him ; his protection peaceably to enjoy those livings ; his grant to him of sheep ▪ cows , and . bulls of the stock of the bishoprick of winchester , to stock his bishoprick of london , which he warranted to him against any bishop elect of winton , unlesse adomar his brother were restored to it , , , . his writ to the guardian of the temporalties of winton , to put his clerk into possession of a parcel of tithes , in default of the archbishops official , who delayed to do it , , . his letters to the roman cardinals , . his writ to the bishop of hereford , concerning the particulars of the vast sums wherein he obliged him , and the bishops , abbots of the realm , to the court of rome , for the businesse of sicily , , . his exemptions of some of his clerks from the dismes granted , , , , . his letters to the pope and cardinals , in defence of his antient right in conferring prebendaries and benefices by his prerogative , during the vacancies of bishopricks ; and his grant of the prebend of fenton to john mansell his clerk , against the popes provision thereof to a cardinals nephew ; and to the nobles of his counsil to assist him in defence of this his right , , , . his writs to sheriffs , not to permit any of his clerks to be ejected out of their possessions of benefices to which he presented them , by provisors or others , , , . his letters to the pope not to restore his brother adomar to the bishoprick of winton , to prevent sedition , discord , and danger in the realm , the nobles , people being extremely incensed against him ; and his queen with himself for withdrawing the prince his son from obedience to him , . his proctors and appeal against his and others grievances to him and his realm , . his writ to the barons and bayliffs of dover and other ports , to apprehend all italian or other clerks , of what order soever , or laymen arriving with papal bulls prejudicial to him or his realm , and to arrest them with their bulls , letters , till further order , . his writ to remove a lay-force disturbing a sequestration of a benefice , being both willing and obliged to defend the rights and liberties of the church , to which he could not be wanting , . his notable writs to the bishop of durham and his officials , against vexing , impoverishing the inhabitants of newcastle by citations , and compelling them by ecclesiastical censures to take an oath , and answer articles in their courts and visitations , , . he intended not by his writs to disseise any man of his rights , . his writ to promote his queens chaplain to a benefice , when it should fall voyd , . his letter to the pope on behalf of the bishop elect of burdeaux , whom he had approved as fit and faithfull to him , . his writ to the bishop of lincoln , to correct the extravagant proceedings of his archdeacon , to the manifest prejudice of the rights of his crown and dignity , according to his duty , . his writs to the chief justice of england , to preserve the rights of him and his clerks against all new evasions and disturbances to obtain possession of the churches to which he presented them , that no disinherison might come to him or his heirs thereby in processe of time , his letter to the king and queen of scots at the popes request , to restore the temporalties of the bishoprick of glasgo to him the pope made bishop by his provision , unlesse he could show good cause to the contrary , . his writs to prohibit the archbishop of st. andrews or any of his followers , to land in england with bulls tending to the infamy or disinherison of the king of scots , or any other of his enemies , and to arrest them till further order , . his writ for a prior to improve a wood and great waste , leaving the commoners sufficient common , , . his writs to abbots and covents to receive the monks he sent them from winton ▪ where they could not follow their contemplations as they ought , , . his patent to the archbishop of yorks tenants , to move them to a liberal contribution towards the satisfaction of the archbishopricks debts , . his writs to sequester the benefices of a clerk accountant indebted to him , , . his patent to provide marks a year for his escheator in ireland , out of the benefices of bishops , abbots , priors which should first fall voyd there , during their vacancies , . the romans and their legates domineered in england over the laity and clergy , disposing of their best benefices at their pleasures , excommunicating the bishops , abbots , priors who contradicted them , through his folly and sluggishnesse , . his son edmunds letter to the sicilians , stiling sicily his kingdom , granted him by the popes special grace , desiring them to admit him for their king and promote his affairs , promising to prosecute that affair , to preserve the charter of their liberties , and readily to promote their honour , . his flattering letters and proxies to the pope , octobon , and other cardinals , extolling the benefits , protection he received from his pious mother the church of rome and them continually upon all occasions , to procure an absolution from his oath to observe the provisions of oxford , and not to ratifie them at the barons request , or their agents , being made to the depression of his regal liberty , and prejudice of his right , , , , , . his memorable writs to all the sheriffs of england , reciting the barons breach of their promises and conditions made at oxford , his absolution by pope alexander . and urban . from his oath to observe their provisions and confederacies there made , to the prejudice and derogation of his royal right and dignity , and disturbance of the kingdoms peace : his promise freely to use his royal power , and exhibit the fulnesse of justice to all great and small ; and to make publick proclamations throughout their counties , that all should obtain justice from him with all security and confidence , and prosecute and obtain their right against great and small before him , and in all courts by his royal authority ; that he would be wanting in his justice to none , whether great or small ; that he would maintain the great charter and charter of the forest in all points : and that if any should adhere in their counties to their former confederacies , or attempt any thing against the right of his regality , or the sheriffs office appointed by him , or preach any thing against him or his honour , or perswade the people to do ought against it , they should apprehend and detain them prisoners , till further order received from him , . h●s and the nobles procurations , appeals against the antimonarchical ordinances , constitutions , statutes of the archbishop and his suffragans in the council at london , to the prejudice and grievance of his crown , and liberties of the realm and people ; yet printed in lindewode and aton as the canon law of our church and realm , , , . he grants the wardship of the bodies and lands of two wards , to arlots nephew , . his writs concerning the case of the bishop of elphia in ireland , , ▪ see index . elphin . his writs to the archbishop of canterbury's tenants , to contribute towards the discharge of his debts , . he prohibits the cistercians and other monks to buy and sell wools or other merchand●z● , against their profession and order , to the impoverishing of the merchants of lincoln and other towns , under pain of severe penalties if they transgressed therein for the future , , . he manures , sowes the temporalties of the bishoprick of sarum in his hands , seals the corn and fruits thereof by inquisition of honest men , the money to be answered for them in his exchequer , . the bishop of winton compounds to give him l. s. d. for the corn and stock upon his temporalties , . his prohibition to sheriffs to distrain religious and beneficed persons , to find horse and foot for the common defence of the realm against enemies , being appointed by accord to find horse or foot , or pay such a sum of money in lieu thereof as the bishops should appoint , . his epistle to pope urban . to congratulate his election to the papacy , from which he was for a time interrupted by the barons rebellion , , . his writ against the bishop of bath and wells , for suing the abbot of glaston out of the realm for a matter belonging to his temporal court , against the custome of the realm , and in contempt , prejudice of his royal dignity , . his proclamations and writs against offering violence to the persons , churches , houses , lands , goods or liberties of any ecclesiastical or religious persons within the diocesse of st. davids , whose liberties he was bound and specially desired to maintain , , . his charter to richard earl of cornwall , chosen king of romans , to tax his tenants in boroughs and mannors which were the kings demesne , for this time , towards his journey to rome , for most weighty affairs concerning his and the kings profit and honour , . his treaty and articles with the nobles , concerning archbishop boniface and his clerks return into england upon certain conditions , to absolve all excommunicated , to act nothing relating to the church or state but by common consent of his suffragans , and the nobles ; and bring with them no letters , mandates , or act ought to the prejudice of the king or realm , or carry any money out of it , , . he permitted archbishop boniface to confirm and consecrate bishops beyond sea , against the rights and customs of the realm ; his writ to him to appoint some of his suffragans to confirm , consecrate the bishop elect of bath and wells in england , who could not come to him to be confirmed ; which he notwithstanding neglecting , he commanded him to come forthwith into england in person , or appoint others to do it , else he would seise the profits of his archbishoprick , and not suffer them to be carried to him out of the realm , where he refused to execute his episcopal cure , , . his writs , commissions by advice of , and articles of agreement with his barons , to enquire diligently of all who by reason of the troubles , seised and spoyled the goods , tithes , fruits of churches , bishops , and clerks who were aliens , non-residents , or beyond the seas , and of other clerks ; to remove all lay-force , to secure their goods and rents from violence , and give complainants full satisfaction according to justice , , to . his and the barons submission of the differences between them , concerning the ordinances of oxford , to the french kings and popes legates arbitrement , , . his safe conduct , protection , and letter of advice to the popes legate sent for into england , , , . a disme granted him by the clergy for the common defence of the realm and church ; his writs for the bishops to levy and pay it by a certain day , to prevent its levying by his bayliffs on their default , , , . he seiseth the baronies of archbishops , bishops , abbots , who refused or neglected to send horse and armes to ayde him according to their tenures , upon summons , , . he commands the bishop of bangor by writ to release an interdict against lewellin , in a lay-cause not belonging to his court , he revokes his presentation under his great seal to the treasurership of york , whiles a prisoner under simon montefort , and conferres it on another when free ; and commands other commissioners of his appointment to install him , upon the canons refusal , , . his memorable writ to the bishop of hereford , expressing the reason of instituting bishops , pastors , and their duty , checking him for his neglect thereof and non-residence , commanding him to return to , reside on his bishoprick , and discharge his duty ; and the archbishop and his official to enforce him to it by ecclesiastical censures , under pain of seising his temporalties , since he was unworthy to reap the temporalties , who feared not irreverently to substract and neglect the spiritual duties of his office , taking the milk and wool of the flock , but neither knowing , feeding , nor caring for them ; which neglect he could not permit to go unpunished , , . his patent to some citizens of lincoln , to protect the jews there from all violence to their persons or goods , . his writs to the bishops of the province of canterbury , to excommunicate the earl of gloucester and others for not going over into ireland , and seising the kings castles , towns in an hostile manner , drawing the prince to violate the late agreement made with the barons , against former and late publick excommunications ; without sparing any great or small , for this their contempt of god and the keys of the church , , . his inquisition to punish the violations of the rights of the church of norwich , which he was obliged to defend , by the inhabitants of len , , . his priviledge granted to the archbishop of dublin and his tenants , concerning distresses for debts , . he sends for two legates successively to excommunicate the barons , and suspend the bishops and clergymen from their office and benefices , who fomented them in their rebellions , , . he summons a parliament at kenilworth , commissioners there elected and sworn to make an accord between him and those who had been and were in armes against him , who drew up a statute and articles accordingly , , . his protection and safe conduct to clerks and others who had been against him , to repair to the legate to make their peace or demand justice , , . the popes provisions of benefices ; his intollerable exactions touching the businesse of sicily ; the heavy yoak of the roman church ; usurers , the principal causes of the differences , wars between the king and his barons ; whereupon the prelates , barons assembling in counsil , against the lord and his anointed , said ; you see how we profit nothing ; if we thus let the king alone , the romans will come and take away our purses and money : let us therefore constitute . elders round about his throne , which excluding the parthians , medes and elamites coming from rome , may free jerusalem from aegyptian servitude , may order all and singular affairs of the realm , may receive the first seats in feasts and salutations in the market-place , with reservation of the kings magnificence : whereupon most of them mad with envy and ambition , forthwith made the constitutions at oxford , swore all men and the king himself to observe them , the bishops excommunicating all infringers of them : the bishop of worcester and some other prelates , the fathers and judges of mens consciences , gave their assent unto them , contrary to their corporal oath to preserve the rights and terrene honour of the king and his heirs , consenting to so great a depression of royal power . for which the popes legate suspended them from their office , bishopticks , benefices ; interdicted , excommunicated them and the barons by a publick sentence , who appealed against them to the see apostolick , and if need were to the next general council , and the church as well triumphant as militant ; contemn the spiritual relying on the material sword , , , . the bishops encouraged all to fight manfully , and promised heaven to those who dyed in this quarrel against him , who yet were routed , and their chief captain slain at evesham , . the disinherited persons in the isle of ely , their high and sharp answers to the legates propositions sent to them , wherewith the king and he were much incensed , , . his summons of all earls , barons , archbishops , bishops , abbots , and others who held by knight-service , to meet with horse and armes to besiege the rebels in the isle of ely ; the earl of gloucester refused to come , though he raised forces to prosecute his enemies , . he summoned a parliament , to which the earl of gloucester refused to repair , but sent a charter , he would never bear armes against him or his son prince edmund ; his and the legates demand to the prelates therein concerning three years dismes , horse and armes against the kings rebels and enemies , with their high contemptuous answers , , . he places octobon the legate in his royal throne at st. edwards solemn feast , and commanded all dishes to be set first before him , , . he commits the tower of london to him , and orders him to pawn his jewels in it and at westminster , to raise monies , , . pope clement . by his bull grants a disme for three years towards his ayde and supply , from all archbishops , bishops , abbots , priors , clerks , and religious persons in england , wales , ireland , to be levyed by ecclestastical censures without appeal , at the improved value , towards his losses , great expenses by the barons wars and rebellions against him ; wherein the miseries , extremities he , his queen , and son prince edward were put to by these wars , are largely related ; his zeal , devotion , munificence to the church , church-men , and promoting gods worship , with his and his ancestors large endowments of the church , obliging them to assist him in his necessities , are amplified , , to . his letters of gratitude to the pope , cardinals , popes advocate , craving their further assistance , favour , advice in his great affairs , promising the advocate a full reward , , , . he submits the differences between him and gilbert de cla●e to the pope , constituting proctors in that affair ; and for defence of his rights in the french kings court , against ecclesiastical and temporal persons , , . he recites the rights , priviledges of the archbishops of canterbury , which he is willing to maintain ; and grants an inquisition for lands aliena ted , seised , or detained injuriously from that see during the wars , . his commissions for collecting the dismes granted him by the pope ; several patents , writs concerning it , , to . the form of his obligations by his proctors to the popes merchants , renouncing all evasions of , and appeals against them , , . his letter to his brother richard king of alma●n , concerning his promises to him , which he had violated , and to treat with concerning them , . he erects a chauntry in his hospital at basingstoke ; his writ reciting the prerogative of our kings from the first institution of christian religion , freely to erect free chauntries in all their houses and demesnes , without the bishops leave or disturbance ; and to have the custody of all vacant bishopricks , . his confirmation of the legates award of an annuity issuing out of two prebendaries , to continue , notwithstanding they came to his or his heirs presentation by his prerogative , , . his punishment of the jews in oxford , ordering them to erect a crosse there , and provide a silver and gilt crosse to be carried in procession before the chancellor and scholars of the university , for throwing down and breaking their crosse in a solemn procession , in contempt of christ crucified , , , . he augments and payes the arrears of two roman cardinals annuities out of the disme , to promote his affairs at rome , . he exempted the popes agents and chaplains imployed in england , from paying the disme out of their prebends and benefices , . his patent and commissioners for levying the three years disme in ireland , . he by advice of his prelates , nobles , and commons in parliament , transfers his vow , voyage , dismes to the holy land , to his son prince edward by patent , it being dangerous to the realm for both of them to be absent from it at once , , . his writs to levy the th . part of the bishops and abbots villains goods , which they granted him towards his voyage , . his writs concerning the levying , disposing , and account of the disme levyed or compounded for in most diocesses , , to . part of them assigned to satisfie the arrears due to the pope of the annual rent granted by king johns charter , , . his license to a tenant in cap●e to sell lands in mortmain to furnish monies for his voyage to the holy land , . he grants the profits of the archbishoprick of dublin , except knights fees , wards , and advousons , towards the expenses of his sons voyage , . his charter of assignment of all the revenues of england , except wards and other casualties , to his brother earl richard , for monies taken up from him towards his voyage to the holy land , , . his letter on his sick bed to prince edward , speedily to return into england upon his blessing from the holy land , being heir to the crown , to prevent inconveniences therein expressed , , . his statutes and proclamations against jews purchasing free-hold lands in england , and concerning their houses in london and other corporations , , . his writ to the constable of dover , to maintain the priviledges of the prior and covent of st. martins dover , during the vacancy of the archbishoprick then in his hands , against all encroachments of the prior and covent of trinity canterbury , , . his license to the monks of canterbury to elect , and procurations against their election of a new ▪ archbishop whom he approved not ; the pope thereupon taking advantage to conferre it against both their wills on kilwarby , , , . his writs speedily to certifie and levy fines estreated , . his license to the bishop of ●orcester to build two houses with lime and stone , and embattle them like castles , . his grant of the jews school in london to the freers poenitentiaries , whom they disturbed in their masse with their howlings ; with a license to the jews to erect another school elsewhere , . his zeal to punish and revenge the citizens of norwich tumult , in spoyling , burning the priory and cathedral there , upon a fray between the monks and them about certain taxes and liberties : his writs , proceedings therein , seising the citizens liberties , goods , persons , hanging some , fining others , and going thither in person to see justice executed , , , . his prohibition of the antient manner of tryal of felons , theeves by judgement of fire and water , and appointing other penalties by advice of his counsil , appendix . he convened the popes usurers in lond●n before him , accusing them as schismaticks , hereticks , and of high treason , for that they professing themselves christians , had defiled the whole realm of england with the most filthy gain of usury ; for which he being a most christian king , who had sworn inviolably to preserve the holy institutions of the church , complained he felt himself much wounded in his conscience ; which fact when they could not deny , some of them were taken and imprisoned , others hid themselves in corners : yet at last purchasing their peace for a good sum of money , they were dismissed in peace , and would thereupon have left the realm , but that they had purchased sumptuous houses in london , appendix . his great oppression and exactions of monies from the jews at several times , who proffered to leave all their wealth behind them , so as he would grant them liberty to depart the realm , to get a livelihood elsewhere ; he being another titus and v●spasian , selling them to his brother richard to tear out their bowels , after he had pulled off their skins , appendix , . his excuse of his oppression and rapines by the vastnesse of his debts , and smalnesse of his estate , which necessitated him to extort money by any means , ibid. he repents his receipt of marks from the covent of abendon , for a license to elect a new abbot without disturbance , upon the death of their abbot then sick of the palsie , dying within . dayes after ; because else he might have made marks or more by sale of the woods , besides other profits , appendix . the pope threatens to excommunicate and interdict the realm , and proceed rigorously against him for not performing his covenants and promise with him touching sicily and apulia , to which he had willingly obliged himself under these pains and losse of his realm : whereupon being confounded in his minde , to delay publishing this sentence for a time , and allay his anger , he payd the pope marks ; the realm being impoverished and utterly spoyled of its treasure , all his hopes of obtaining that realm vanished , appendix , . his license and direction to make an impropriation , and endow a vicaridge , appendix . his devotion in frequent hearing of masses , but indiscretion in permitting himself , the church , realm to be preyed upon by popes and their instruments ; which his obligations to them for ayding him against lewis at first , against the barons , rebellious prelates at last , and cheating specious proffers , grants to edmund of apulia , calabria , sicily , were the greatest inducements , , , . his sicknesse , and pious death , after years and dayes reign , . king henry . of england , his clause in a treaty with the pope and potentates of italy , that they might not give away any part of the crown of france for redeeming of king francis , . king henry . of france , his request to the states of lucerne , denyed as illegal , . holy land : see jerusalem , aydes , croysadoes . hungary , popes pretended title to it , , . the kings oath not to alienate the crown lands , . no bishops would or could come out of it to the general council of lyons , being for the most part wasted by the tartars , and by reason of the great distance from it , . invaded by the tartars ; the king thereof forced to leave the frontiers , retire to fenced castles , cities ; craves ayde from the pope , who denyed to send any , levying monies , forces in the mean time against frederick the emperor to depose him , and hindring him to releive them , . hyberi , subject to the greek church , . i. queen jane , king edw. . his devise of the crown to her voyd in law , . jerusalem and holy land , popes titles to it , , . popes bulls and croysadoes to raise monies , forces for its relief , defence against the saracens , for the most part meer impious cheats of popes to pick peoples purses , abuse christian kings , princes , invade their rights , prerogatives , territories whiles absent in it ; and maintain popes wars against the emperor , greek church , and all who opposed their usurpations ; the miserable defeats of the french kings forces and others at it , and sad effects thereof , with other particulars relating to jerusalem and the holy land , p. , , , , , , , to , , , , , , , , , , , , , , to , , , , , , to , , to , , , : appendix , . see aydes , croysadoes , index part . frederick . king henry . king john , pope gregory . innocent , . index , ● . king i●● his grant of peter-pence , . indies and new world , popes pretended title thereto , . john comnenus emperor of constantinople , attributes his victories over the bulgarians and others to the virgin mary , whose image he carrieth in a triumphant chariot into constantinople , going before it in person , . john zemisca emperor of constantinople , doth the like , ibid. king john of england , accused , and condemned of treason against his brother king richard , made king after his death , not by succession , but election , appendix . and p. , . his coronation , oath , homages to him , appendix , . and p . incurrs pope innocent . his displeasure by his divorce against the canons by his norman bishops ; and not releasing the bishop of belvoire upon his letters , till he paid a ransom , and took an oath never to bear arms during his life , . his resolute opposition of the popes , bishops usurpations , and contempt of their displeasures , menaces during his years reign , , , . his charter of ambresbury to the nuns of founteveroit , the former abbesse and nuns being ejected for their whoredoms , , . to the archbishop of canterbury to deliver criminal clerks imprisoned to him , upon demand , to make their purgations , . his prerogative to grant licenses to elect , and confirm when elected , all abbots , bishops of his patronage in england , france , elsewhere ; a prohibition to elect any without his license and assent , , . his readiness to defend the churches rights , but with the preservation of his own , ibid. his writ for the bishop of norwich to make use of his court and judges to recover the lands of his church formerly alienated , . he seiseth the temporalties , confiscates the goods of geoffry his base brother , archbishop of york , and imprisoned his servants , for contempts in opposing a tax , excommunicating the sheriff of yorkshire , and his officers for levying it . his fine , submission , absolving the sheriff thereupon , , . his protection to defend the archdeacon of richmond , against all violence , injury of the archbishop of york , . his appeals to the pope in defence of the rights of his crown , , . his vacating of the proceedings against the archbishop of york , and the rights of his bishopricks , upon his submission and reconciliation to him , . his patents for his justices to assist hubert archbishop of canterbury to recover the lands and rights of his archbishoprick in his court , saving his prerogative , , . he elects , ratifies one person of three nominated to him to be a bishop by the chapter of saga , . he opposeth the reception , and provision of gilardus to be bishop of st. davids in wales , and its re-erection into an archbishoprick by pope innocents bull , prohibiting any to own , aid , or assist him as bishop , being never approved by him ; nulls his provision ; causeth another to be elected , consecrated bishop , enjoyns all to assist him against the popes intruder , as an enemy to his crown , dignity , and the kingdoms peace , , to . claims the temporalties of all bishops during their vacancies by antient right and custom , of which gilardus by the popes provision attempted to deprive him ; which he would by no means endure ; requiring all his subjects as they loved his honour and dignity to maintain , defend this his prerogative as liege subjects , and to attempt nothing against it under pain of being reputed , proceeded against as open enemies to his crown , , . the popes legate sent to him to promote an aide granted to the holy land , his , and his barons proceedings therein , who grant of an aid by their own authority : their order concerning its collection , , , . his patents to the chief justice of ireland to prevent the suffragans election of an archbishop of ardmach , without his royal license , assent , not to receive him they elected without it upon any terms for archbishop , against whom he appealed , , . he conferrs the bishoprick of karliol upon the archbishop of ragusa , then in distress , upon the popes letter and petition ; out of royal munificence and freedom , . grants a protection to the dean and chapter of york ; commanding the sheriff to apprehend all armed force which should invade their goods , rents by the archbishops command ; and not to release them , without his , or his chief justice special order , . he procures petrus de rupibus , a knight . souldier , to be elected and consecrated bishop of winton at rome . . he receives , approves the appeals of the bishop of durham , dean and chapter of york , and several abbots , priors of that province , against the archbishops excommunication and interdicts , . he seised the temporalties , and banished this archbishop his natural brother till his death , for opposing a tax granted him , and excommunicating all who levyed it in his province , or invaded the churches rights or goods , , . the monks of canterbury , after huberts death , elect their sub-prior secretly at midnight without his license , lest he should hinder their election , and concealed it under an oath of secrecy , till the pope should approve it ; which the sub-prior revealing against his oath , the monks thereupon petitioned the king for a license to elect ; which he granted without contradiction , recommending john gray bishop of norwich , his chief intimate counsellour , to their election , as most profitable to him and his kingdoms ; whom they unanimously elected in the kings presence , placing him on the high altar : the king presently restored him the temporalties thereof in the presence of them all : sends some of the monks at his own charge to rome to pope innocent to confirm his election , with letters to the popes notaries , chaplains , to procure his confirmation , according to his right , prerogative , and known custom of the realm : at which time the suffragan bishops sending proctors to rome , complaining that the monks elected him bishop without them , who had their voyces in the election of three archbishops ; and the monks pleading , that by antient bulls and custom , time out of minde , the election belonged to themselves alone ; the pope giving a definitive sentence for the monks right of election , without the bishops concurrences ; he thereupon attempting to deprive the king of his prerogative , of recommending , approving , confirming and promoting archbishops to this chief metropolitan see of his realm , vacated the sub priors election as void , because clandestine in the night , without the license , or consent of the major and discreeter part of the covent ; and grayes election too , though made in the day time by the kings and monks general assents , because the first election was not judicially vacated , and because though the king had told two monks that he would accept whomsoever they elected , yet there was a secret agreement ratified by o●th between the king and monks , that they should by no means choose any other but john bishop of norwich , directing letters to them to that effect . the pope nulling both these elections , pressed the monks of canterbury there present as proctors for both their elections , presently to elect stephen langeton a cardinal , the popes great favourite , being an englishman , because he could not suffer that see to be any longer destitute of a pastor : who answering , it was not lawful for them to make a canonical election , without the consent of the king and their convent : he replyed , they had the sole power of election , neither is the assent of the king used to be expected in elections celebrated at the see apostolick , commanding them upon their obedience , and under pain of excommunication , presently to elect langeton whom he recommended to them ; whereupon all the monks but one out of fear , although against their wills , and with murmuring , assented to him , singing te deum , and leading him to the altar : upon which the pope consecrated him archbishop , and sent a complemental epistle , with some rings and jewels to the king to receive him as archbishop , , to . the king for this high affront of the pope , and treachery of the monks against the rights and prerogative of his crown , in obtruding an archbishop upon him without his privity , and he his professed enemy : cashiering him who was duly elected , approved , confirmed by him , notwithstanding his fitness and all letters on his behalf : charged the monks of canterbury with treason for electing langeton ; commanding two knights with armed force to expell them the monastery , and banish them the realm , or else execute them as traytors : who entring the monastery with their drawn swords , commanded the prior and monks in the kings name to depa●● the realm presently as traytors , swearing they would fire the monastery , and burn them in it if they refused to go : whereupon all the monks but . who were sick , departed into flanders , where they lived in exile . the king seised upon their goods , lands , and temporalties of the archbishoprick . he likewise sent messengers and letters to the pope , wherein he reprehended him for nulling groyes legal election , approved by him , and presuming to confirm langeton , a person unknown to him , conversing very long amongst his publick enemies in the realm of france , without either demanding or receiving his or the monks assent to his election , to the prejudice and subversion of the liberties and rights belonging to his crown : at which he could not sulficiently admire , for that as well the pope as whole court of rome did not call to memory how much his love had hitherto been necessary to the see of rome , and that they received plentifuller fruits from his realm of england , than from all other countryes on this side the alpes . adding , that if need should be , he would stand for the liberties of his crown even unto death ; immutably affirming , that he could not be removed from his election , and promotion of the bishop of norwich , who was so beneficial unto him . concluding , that if the pope would not right him in the pr●mises , he would stop all passages by sea to those who would go to rome , lest his land being any longer enervated , should be lesse able to repulse enemies from it . that since the archbishops , bishops , and other prelates of churches , as well in england as other his territories , sufficiently abounded in the fulness of all sciences , if necessity shall compell ; he would not seek , begg for justice or judgement from foreigners out of his own lands , , . the popes insolent letter in answer to him , that he needed not his assent to langetons election , the see apostolick not using to wait for princes consents to bishops elections : that he had his implyed assent thereto ; that if he received not langeton , he would involve himself in inextricable difficulties ; since he to whom the kne●s of all things in heaven , earth , and under the earth did how , whose vicar he was , though unworthy , would overcome . that he should not listen to their advise , who loved to fish in troubled waters , but submit himself to his masters will and pleasure , for his prayse and honour : because it could not be safe for him to resist in this cause of god and his church , for which becket had so lately shed his blood ; and his father and brother richard had abjured , , . he peremptorily refusing to receive langeton for the popes flatteries , or menaces ; the pope writ letters to the bishops of london , ely , and worcester , earnestly to solicite the king to accept of him ; and if he persisted contumacious and rebellious therein , then to interdict the whole realm by his apostolical authority : adding , if he still persisted in his obstinacy , he would then aggravate his hand upon him ; since he must of necessity conquer , who for the safety of the holy church had conquered the devil and his angels , and spoyled hells cloysters , , . upon this intimation , admonition by the bishops , he was so highly incensed , that he swore , if they or any other should rashly interdict his lands , he would forthwith banish all the prelates , clerks , and persons in orders out of england , send them to the pope , and confiscate all their goods : that wherever he found any romans within any of his dominions , he would send them to rome with their eyes pulled out , and their noses cut off ; that by these marks they might be distinguished from other nations : conmanding the bishops to depart speedily out of his sight , if they would avoid the danger and scandal of their own bodies . having formerly told them , he was ready to do what should be reasonable by the advice of his loyal subjects , saving to himself and his heirs in all things their right , dignities , and liberties , . he gave the like answer to simon langeton ; who returned him this peremptory reply , that he would do nothing therein , unless the king would wholly put himself into his hand , . the bishops notwithstanding put all england under the popes interdict ▪ whereupon all church doors throughout england were shut up , no divine service , masses , prayers , preaching , sacraments celebrated in them for above six years space , the bodies of all christians deceasing were buried like doggs in high ways and corners without christian burial ; onely baptism of ●nfants , confession , and sacraments administration in private to persons deceasing were permitted by the popes special indulgence ; that by alienating the subjects hearts from the king by this antichristian interdict , he might subject both the king , and kingdom to himself ; the bishops temporalties , goods are hereupon seised , who to save their persons fled beyond sea , excommunicating all the kings officers who seised their goods and temporalties : wherupon the king b●ni●hed them , their kinsfolk , with archbishop langetons parents and kinred cut of the realm , sequestred the lands , benefices , goods of all bishops , abbots , priests , and religious persons , who submitted to the interdict , and refused to celebrate divine service , particularly the abbot of st. albans ; restoring their lands , goods who celebrated and disobeyed the interdict , , , . the w●ite monks are punished by the pope for celebrating by the kings command ; cem●ntarius abbot of the benedictins , deprived of all his preferments , goods , and forced to begg his bread for pleading his cause against the pope by disputations , writing , and affirming the pope had no legal power to interdict kings , kingdoms , or meddle with their temporal government , , , ● , . he disposeth of vacant bishopricks , pun●sheth priors for delapidations ▪ executed a clerk at oxford for murder , for which the clerks and scholars desert the university , , . the contests between him and the monks of canterbury , about a presentation to the church of faversham , appendix p. , to . his writs to the monks concerning it ; he refuseth their money , gifts , prohibits them to disturb his presentation by writs : which they disobey , and put force in the church : his writ to the sheriff to remove the force , threatning to burn the church and the monks in it . the violence or the sheriff against the monks , the scusfles , excommunications , interdicts thereupon . pope innocents bulls to delegates to examine the force , to the reproach , contempt of his regal dignity ; his memorable prohibitions thereupon in opposition , contempt of the popes authority ; he seiseth all the monks temporalties for their contempt against his writs , ibid. , , , , . he is pacified at last upon their submission , , to . he requires hostages of all the nobles , whose fidelity he suspected , to revoke them to their obedience , if the pope should absolve them from it . the answer of william de brause and his wife thereupon , with their flight , apprehension in ireland , imprisonment , sufferings for it , being starved to death in windsor castle , , . he kept the abby of ramsey seven years in his hands , because the monks refused to chuse the abbot he recommended to them by his precept , appendix . his charter to st. albans , appendix . he loseth normandy by his sluggishness , and many other lands beyond the seas , . after two years general interdict of england , the pope , by advice of his cardinals , commands the exiled bishops to excommunicate him every lords day , and holy day in all conventual churches throughout england , that all should strictly avoid his company ; which they signified to the bishops of england , who through fear or favour became as dumb doggs , not daring , but refusing to publish it ; yet by secret whisperings it became common in all places , mouths , , , . he apprehended , imprisoned geoffry archdeacon of norwich for deserting his imployment in the exchequer , and saying to his companions , it was not safe for beneficed persons to continue longer in the service of an excommunicated king ; and a few days after put him to death , by a heavy cap of lead set on his head , and want of food , , . he seiseth the bishoprick of lincoln , converted the profits thereof to his own use , and removed hugh his chancellour from his chancellourship , whom he made bishop thereof , for his treachery and ingratitude , in going to archbishop langeton , making canonical obedience to him , and receiving his consecration from him , instead of receiving it from the archbishop of rhoan ; for which he obtained the kings special license to go beyond sea , . most of the nobles communicate with him , notwithstanding his excommunication secretly divulged to all ; he punished those who did the contrary , . the popes excommunication of the emperour otho about the same time , for maintaining the rights of the empire according to his oath , exasperated the wrath and hatred of king john against him , . his glorious victories , successes in wales , scotland , and ireland , during his interdict , excommunication , opposition against the pope : his voyage into ireland ; above twenty petty kings thereof out of fear submit , swear homage and fealty to him : he establisheth the laws , government of england in it by sheriffs , and other officers : he subdues his enemies there , and returns thence with triumph , . he summons all the prelates , clergy , religious persons , orders , templars , hospitals , and abbots of cluny to london ; exacts , receives pounds sterling from them , and pound thereof from the white monks , whether they would or not , nulling their priviledges , , , . he enters into league with the emperour otho ; forceth the king of scots to a peace , to put in hostages for his loyalty ▪ not to receive his fugitive subjects , and pay him marks : forced all the kings , nobles in wales to repair to him to woodstock , never heard in former ages , to submit , do him homage , and put in pledges for their loyalty , . the popes two nuncioes after his victories sent to make peace between him , canterbury , and the exiled bishops ; his condescention , that they should return home in peace , and enjoy their bishopricks ; but not the mean profits forfeited to him : which they insisting on , returned unsatisfied : their insolent demands , speeches to him before the nobles , in the parliament of northampton ; they excommunicate him publickly , with all his nobles , subjects , who from thenceforth communicated with him , absolving them from their allegiance to him ; appointing several bishops in england , scotland , wales , and other parts of the world to publish his excommunication in all places , prohibiting him and his heirs from thenceforth to be crowned ; which the pope seconded , ratified after their return : his indignation at this their insolency , answer to them , commanding condemned prisoners to be executed before them , and one clerk ; whom the king delivered to pandulph to avoid his excommunication with bell , book , and candle , which he threatned presently to denounce if he executed him , , to ● . his chief counsellours and adherents of the clergy and laity , against the pope , . the welshmen excited to rebel by the pope and exiles ; he marched against them to chester with a potent army , which he dismisseth being terrified by sundry letters that his nobles absolved from their allegiance by the pope , would either stay or betray him to his enemies , . eustace de vesci , and robert fitz walter accused to him of treason , fly the realm , . peter the hermit suborned by the bishops to prophecy and preach publickly , that by ascention day next , and from thenceforth he should not be king ; that thereon the crown should be transferred to another : the kings conference with him ; his answer to him ; he is close imprisoned till the time to see the event , which proves false : the kings mirth , triumph on that day : his evasion to make good the prophecy , that the pope reigned , not the king : his execution for his treasonable false prophecy , , , . the pope de●oseth him at his exiled bishops instance , gives his kingdom to philip king of france , excites him , and all nobles , souldiers in france and other nations , to cross themselves , follow the king of france to vanquish and depose him , granting them the same priviledges , indulgencies , protection in this unchristian , unholy war , as those who warred against the saracens in the holy land ; which his legate pandulph , archbishop , and english bishops publish and promote in france , , . pope innocents secret instructions to pandulph to agree with the king , if he would satisfie him , the church of rome , bishops , others concerned in this affair , and subscribe the articles of peace which he had drawn , . his writs to sheriffs to seise all the benefices , lands , rents , the archbishop , exiled bishops or prior of canterbury had given in england during their exise , and banish those who had received them . his writs to all bayliffs of ports , to list and furnish all ships which could carry six horses by a set day , to resist the french kings invasion by sea , and sommons of all who were bound or able to bear arms by land to meet at certain places to oppose him by land : the great forces thereby raised able to resist any prince under heaven , if unanimous and faithful , , pandulfus his repair to him , terrifying him with inward and outward dangers , losse of soul , life , kingdom by the potency of his foes , and treachery , infidelity of his own subjects , absolved , fallen from their allegiance to the french , unless he assented to the popes proposals , cast himself and his realm into his arms and protection ; his unworthy condescention thereupon to restore the exiled bishops , archbishop , and their adherents with all their dammages , notwithstanding their successive rebellions , treasons against him ; to revoke , null all his outlawries , remit all his indignation against them , to give them safe conduct to return ; ratified with his charters , nobles oath , letters ; to renounce his jurisdiction over the clergy , surrender his crown , kingdoms of england and ireland to the pope to hold them of him and his successor , under ▪ marks annual rent , and swear homage and fealty to him , , , to . the manner of his unworthy resigning his crown , regal ensigns to pandulph , and his insolent reception of them , . his detestable , deplorable charter of resignation , homage and fealty to the pope and his successors ; whereby he made his kingdom tributary , and himself a vassal to them : that in the charter rolls , differs in some memorable particulars from that in matthew paris , , , , , , , . that he never made but one charter of resignation , not two , , . the nullity of his charter to the pope largely proved by many authorities , reasons ▪ , , to . his dolefull lamentations , complaints , frenzy after he had made it , and publick profession with grief ; that after his reconciliation to the pope , and subjection of himself and his realms to the church of rome , he prospered in nothing , that all things went crosse with him , and his barons scorned , hated , rebelled against him , , . the archbishops protestation against his detestable charter ; his nobles , peoples , french kings revilings , and reproachful speeches against him for it , , , to , , , . the popes , jesuites , foreign historians mistakes of , inferences from it , , , , . the rent reserved on it , how insolently trampled on at first by pandulph , . when , and how oft payed , upon what account , , to his patents , letters , commissions for the exiled bishops return , dammages , , , , to . his disclaim of power to outlaw clerks , . his submissive reception of the archbishop and exiled bishops , oaths to them at his absolution from the excommunication , , . he commits the custody of the realm to the archbishop ; his hatching new rebellions , and ●nc●ting the barons secretly against him , under pretext to defend their liberties granted by king henry . his charter ; they refuse to follow him into france ; he resolving to subdue them by force ; the archbishop threatned to interdict all who should assist him , if he persisted , ● . he by proclamation commanded the laws of king h. . to be observed , the exactions of sheriffs , forresters , and all ill laws to be redressed , , , he enlargeth imprisoned clerks , deli●e●●ng them to the legate , he repents of his agreement with the pope ; his sending ambassadours to admira●ius king of affrick , to surrender his kingdom to him , become his tributary ; and mat. paris his relation thereof , a mere malicious forgery to defame and render him odious , , , , . his little regard of the popish mass , . his sequestration of st. albans , and removing their officers , . his messengers , message , gifts to pope innocent , the most ambitious , proud , insatiable desirer of money of all men , and pronest to all wickednesses for money ; professing that he was and ever would be his subject and tributary ( after his embassy rejected by ma●●●elius ) upon condition , that he would confound and excommunicate upon the next occasion the archbishops and barons he had formerly cherished against him ; who thereupon dispatched nicholas his legate into england ; his safe conduct to , reception of him ; his and his bishops conferences before the legate concerning their dammages : and release of the interdict ; his charter and resignation of england and ireland , and homage for them sealed with a golden seal , made to him , , to , . the legates usurpations upon the king , kingdom , church , in conferring benefices by provisions , without the kings or patrons consents ; suspending bishops , abbots , others from their offices , benefices , citing them to appear personally at rome , and not allowing them one pe●y to defray their charges , , , , . the archbishops vain appeal against his legatine power , proceedings as derogatory to his archiepiscopal authority : his commendation of king john to the pope , that he never had seen so humble and modest a king , and the great honour he thereupon found in the popes ey●s , . his compensation to the bishops , his letters to his nobles , subjects , and chief cities , towns in england , concerning the release of the interdict , after years , months , and dayes duration , , , . his grant of the custody of saint edmonds abby to the legate , and protection of it for his use , . his writs to three of the cinqueports , and sheriff of nottingham , for restoring the rights of the archbishop , and lands of the bishop of lincoln to them , . the severe suspensions of such clergy-men who adhered to , or received benefices from him during his excommunication and interdict by the exiled , rebellio●s prelates , restored with their dammages , , . the barons demand , raise forces against him for the confirmation of the great charter by the archbishops encouragement , the chief adviser and instrument therei● , , . his confirmation thereof , and of the charter of the forrest , with new clauses thrust into it by the bishops for their advantage , by his own oath , the popes bull , and appointing conservators of it , all sworn to ayde and assist them in the preservation thereof , and seise the kings castles , if he receded from the same , , , , , , . his new charter to the bishops and clergy touching the freedom of elections , saving to himself , his regal authority , the custody of the temporalties of vacant bishopricks and monasteries during the vacancy ; the power of granting licenses for free elections upon petition , and right of confirming them after elections made , or disallowing them for just cause shewn , , , . his charter of the patronage , royalties and custody of the bishoprick of rochester to the archbishops and his successors ; his ungrateful , treacherous requital of it , in surrendring the castle of rochester and ammunition in it to the barons against his trust , , , . his complaints , letters , appeal to the pope against the barons , in extorting the great charter from him , by seising the city of london , and armed force , whiles under the popes protection , and crossed for the holy war ; with the popes . oath thereupon by saint peter , not to suffer so great an injury to go unrevenged ; his nulling the great charter , and all oaths , obligations for its observation by his definitive sentence , bull , sent into england by advice with his cardinals , reciting the grant of england , ireland to st. peter and his successors , by k. johns charter and golden seal , under the annual rent of marks , and oath of fealty , excommunicating all who should afterwards presse or maintain this charter : reprehending them for taking arms against him , contrary to their oath of fealty , and advising them to honour , obey , please him by submission to him , , , , . the barons rise up more fiercely against him , notwithstanding the popes monitory and minatory letters to them , endeavouring to expell him the realm ; the sentence of excommunication denounced against them in general to be published every lords day and holy day throughout all england with bells , book and candles , enjoyning all laymen to assist him with their counsel , aide , and suspending all bishops from their office and subjects obedience , who neglected to execute it , , , . the archbishop , delayed its publication , as gotten by mis-information , for which he is suspended from his archbishoprick ; cited to rome , upon new letters of complaint by the king against him , there again suspended , and his suffragans absolved from their obedience to him , for refusing to obey his superiours , , , , . the barons appeal against the excommunication as null , because not particularly named in the ●ull of it ; whereupon they and some londoners are particularly excommunicated , interdicted by name in two other bulls ; which many ministers refused to publish in or near london ; for which the whole city was interdicted , , , , , to ● . their appeal against these excommunications , interdicts , as not warranted by any power from god and saint peter ; to the next general council and to christs tribunal ; celebrating divine offices notwithstanding , their revilings against the pope , , , . his licenses to elect the archbishop of york , other bishops , abbots , priors , in the presence onely of certain commissioners nominated , who were to assent thereto , without whose concurrence he would not confirm them , . his appeal , patent , prohibitions to the chapter of york , not to elect their dean , or any other person whose loyalty the king suspected , recommending to them his chancellour walter g●●y ; whom they rejecting , elected simon langeton archbishop , whose election was nulled , because contrary to the kings , popes inhibition ; his own promise to the pope , dangerous to the realm ▪ that the power of it and of the church should be in two brothers hands , and g●●y thereupon made archbishop , , . the king commands the archbishops suspension to be published at st. albans , and throughout england , ●ais●th two armies against the barons and rebellious clergy , whom they plundered , abused in all places , . his licenses for electing , approving abbots , abbesses , deans , bishop● , recommendations of persons to be elected , and prohibitions , delayes to elect others ; refuseth to confirm persons elected against his will , , , to . his letters concerning the union , and against the severing of glaston abby from the bishoprick of bath and wells , , . the popes legates care to preserve his and his heirs rights in france , from suffering prejudice by his new canons there made in a council , , ● . his bull exempting his free-chappels from excommunications , and all episcopal jurisdiction , , . the barons , londoners slight the popes excommunications , interdicts , bulls , legares authority , reject king john , call in , elect , crown lewes for their king , swear homage , fealty to him as their soveraign , who swore to ayde them , and restore their lands , liberties : the popes legate ●alo assembling some bishops ▪ abbots , clerks to him , excommunicated him with all his ayders and assistants ( especially simon langeton ) with bells and candles , commanding all bishops and others to publish it every lords-day and holy-day throughout all england : simon langeton appeals against it as voyd , in the behalf of lewes , . lewes his advocates objections against king johns title to the crown ; his condemnation to dye by the peers of france , for the murder of his nephew arthur : pope innocents answer to all their objections , on king jobas behalf , and the lawfulnesse of his war against him ; the realm of england being his own , and he in actual possession of it , by reason of king johns charter , oath of fea●ty , and annual rent payd for it ; who was now his vassal , and therefore might not be warred upon without complaint first made to him his superior lord , to whom the king of england is subject , as his vassal : with their replyes thereto , , to . king lewes his notable letter against his title to the crown , to the abbot of st. augustines , to stay his excommunication against him , who proceeds notwithstanding , appendix , , . king lewes his oath with . more of his barons , to banish all the english barons who adhered to him against their native soveraign king john , as traytors , and extirpate all their kinted , if ever the crown of england were peaceably setled on him , . his sicknesse , poysoning by a monk , pious death at swinestead abby , forgiving his enemies , causing his son henry to do the like , and swearing all present to do fealty to him as next heir to the crown , . the monks scandals raised of his adulte●y , tyranny , cruelty , &c. during his life , and damnation after his death , , , , , , . his piety and good deeds , , . he possessed no land peaceably at his death , whence he was stiled , john the exiled , , . stiled the image of a king , and popes vassal , . what encroachments pope innocent and his legates made upon his ecclesiastical and temporal prerogatives and jurisdiction , , , , . pope innocent kept him so long excommunicated , interdicted , till he brought him and his kingdoms under tribute , encouraging his barons by his bulls , letters , to rise up against him as an obstinate enemy of the church , till he had enormously humbled and made him effeminately to enthral both himself and his realms to the roman church ; but after , the pope postponing the shame of the world and fear of god , exposed the same barons ( after the manner of rome ) whom he at first supported , excited , to death and miserable disinherison , that he might swallow up the fattest of them ; and by the unsatiable avarice of the romans , this prince of provinces was brought under tribute : king johns president made a pattern for popes to disinherit other emperors , kings , princes ; and keep their kingdoms , territories , persons so long under interdicts and excommunications , till they reduced them under the like tribute and bondage , . his detestable charter burnt in pope innocent● . his study at lyons . years after ; its transcript subscribed , sealed out of fear by the english bishops at the popes command , to the enormous prejudice of the king and kingdom , , . the pope , pandulph and others , disdainfully stiled him his vassa● , in letters , discourses , , , , , , , . john king of jerusalem , . john king of scots , his league with king john , . ireland , popes pretended title to it , , , . its archbishops , bishops , deans , chapters , chief justices acts , actions in it ; see index , , . legates in it and their acts ; see index . conquered , and the english laws , government setled in it by king john , , . souldiers brought thence to assist king john against the french , . king johns surrender of , and granting an annual rent of marks out of it to the pope , besides peter-pence ; and fealty to the pope for it , , , , , , , . st. patricks purgatory , and christs gifts to him in it , . the popes grant of an ayde to the king in it , , . king henry sent for ayde of men , the chief justice , and some nobles out of it to gascoign , whereat the disaffected irish rejoycing , the king commanded the chief justice to stay there to prevent danger , and borrow monies from the popes collector if there were cause , . how bastardy was there to be judged , proceeded in , , , . grievances , complaints of the archbishop of tuam and his suffragans to the king and pope , against his justice and officers oppressions there , , , , , . isabella , king johns queen , divorced from , imprisoned by him for adultery , and some put to death as over-familiar with her , , , . an anniversary for her , , . queen isabellaes dower , mother to king edward . resumed , . italy , popes pretended title to it , , , , . the grant of it to the pope may be resumed , . the emperors march , armies sent into it , to suppresse the popes seditions raised against him in , and force him out of italy , , , , , , , to . pope innocent and his cardinals driven , banished out of it by the emperor frederick , . julian the apostate , slain by the virgin maries appointment , upon st. basils appeal to her , . juli●● caesar , his conquest of britain , and rent reserved by force ; denyed to be payd by king arthur , , . l. lazi , subject to the greek church , . lewes , son to king philip of france , invades king john , . confederates with the barons against him ; swears to assist them ; his speech to the popes legate commanding , and his father disswading him not to invade k. john , being the popes vassal and crossed for the holy war : he chose rather to be excommunicated then violate his oath to the barons , , . he and his father deny that king john could give away his crown , kingdom , or make it tributary to the pope , without his barons consent , who opposed it : that by his resignation of it to the pope , it presently became voyd ; therefore being voyd , he could not dispose thereof without his barons : that if he had any title to it , he had forfeited it by his surrender , by his treason against king richard the . in his life time , and murder of his nephew arthur , for which he was condemned to dye by the french peers : that he had a better title to it then king john by descent , and by the barons electing him for their king , and rejecting john , , . appendix , . his advocates allegation , amplification of these objections before the pope himself ; with his answers , and their replyes thereto , , , to . his letter to alexander abbot of st. augustines of canterbury , to the same effect , to incline him to his party , and hinder his publishing the legates excommunication against him , appendix , , . his arrival in england with an army , the barons and londoners reception , crowning him for their king ; their oath of homage and fealty to him , and his oath to them to restore them their good laws and lost inheritances , . gualo the pope . legate follows him into england ; he with some bishops , abbots and clerks ; publickly excommunicates him and all his adherents with bells and candles , commanding him to be excommunicated on all lords-dayes and holy-dayes throughout all england , . he is likewise boldly excommunicated by alexander abbot of st. augustines by the legates command , notwithstanding all his threats and menaces , for which his followers plundered some of his goods , tenants in the isle of thonet , where he landed , appendix , . simon langeton his chancellor , and gervose de hobrugge praecentor of pauls , appeal against his excommunication in his behalf , as null and voyd in law ; efficiate to , and communicate with him notwithstanding : he , the barons and londoners , slight , controul their excommunications and interdict , though reiterated with their particular names ; exclame against the pope , as having no power from god or st. peter to meddle with kingdoms , or temporal affairs , , , , . he took a secret oath , with . more of his chief earls and barons , to extirpate all the engl●sh barons adhering to him , and their posterity , as execrable traytors to their soveraign king john , whom he could not trust , if peaceably setled in the throne ; which being revealed to them by vicount melun , they sued to king john for reconciliation , . his total defeat at lincoln by king henry . his forces , after king johns death , , . his new supplyes sent from france , and eustace his admiral , taken at sea by king henries navy ; whereupon he is necessitated to sue for peace : the articles of peace between him and king h. . out of which the english clergy adhering to him were excepted , and left to the popes and legates ●apine : his departure from england never to return into it more , , . the archbishop and three bishops more , their embassy to him in normandy when king of france , demanding the restitution of normandy and other lands in france according to his oath at his departure ; who retorts only king henries breach of his oath in violating the great charter swo●n to by all , without any other answer , , . king lewes of france , devised his jewels and goods to be sold to satisfie his legacies , lest any thing belonging to the crown , wherein he had no disposing interest , should be sold , . king lewes . the father of his country , would not meddle with the crown lands disposal ; . lombardy , the pope by his nuncio stirred them up to rebell against the emperor frederick , for which he is imprisoned ; lombardy invaded , wasted , put to a fine and ransome by him , and forced to obedience , , to , ▪ , . loraign dukedom , popes pretences to it , . lucerne state , cannot pawn nor sell their lands , . lyons imaginary kingdom , popes title thereto , . m. macedo emperor of constant nople , resumed what michael the emperor gave , . majorca and minorca , popes pretended . title to them , . manfred king of sicily , king h. . his proposals to the pope for a marriage-treaty or war with him , holding or quitting sicily , . contemned , hated by the pope ; crowned king of apulia by the nobles ; who do him homage , fealty , deliver him possession of the cities , castles , without any mention of edmund ; he created archbishops and bishops without the pope , against his assent , who more obeyed him then the pope , . he assist ▪ brancaleo the roman senator against the pope , appendix . marchia , . marocco , murmelius king thereof , . qu. mary of england , her title to the crown , . maximilian . emperor , george cassander his consultation written by his command , . n. naples , popes pretended title to it , , . navarre , popes pretended title thereto , , . nigella , popes pretended title to it , . normandy , bishops thereof divorce king john , . dean and canons ought not to elect bishops there , without the kings special license and assent , , . king john fore judged thereof by the barons of france for the murder of his nephew arthur , in the french kings court : the judgement held unjust by the english and pope , , . appendix . king h. . demands possession thereof from lewes , according to his oath ; who denyes to give it , , . king john lost it by ill counsel , and losing his subjects hearts , . norway , popes pretended title to it , . see haco . o. king ossa , founder of , and priviledge to st. albans monastery , . appendix . grants and payes peter-pence to the english school at rome , . otho . emperor , excommunicated , interdicted , deposed by pope innocent only for resuming the lands of the empire which he had usurped , according to his oath , , . king johns league with him , . he held the donation of the lands of the empire to the pope voyd , . frederick made emperor by the pope out of hatred to persecute and depose him , . rebelled against the pope , persecuted , hated , excommunicated , deprived , ruined by him , and the empires soveraignty by his and fredericks deposing ; reputed an admirable innovation and prodigy of that age , , . the miracle of the consecrated hosts leaping out of the priests hands through a hole opened in his side , into his body , he not daring to take it with his mouth by reason of vomiting , . otho , son of arthurs sister , , . p. pelagius king of asturians , slain by the virgin maries ayde , . pertinax roman emperor , resumes the gifts of commodus , . philip king of france , king johns crown , realm of england given to him and his heirs by pope bnnocent . enjoyned by him upon remission of his sins , to invade , depose him ; all nobles , warriors enjoyned to assist him therein ; the same indulgences granted them for it , as to those who went to the holy land against the saracens ; his preparations by sea and land for that service , , . the earl of flanders refused to joyn with him in this unjust invasion , whose lands he invaded , detained , . countermanded by the popes legate , after all his expence in raising forces to invade england , upon king johns surrender of his crown , charter and fealty to the pope ; his indignation thereupon to be so cheated , , . the false prophesie of peter the hermite , much encouraged him to invade england , . his great preparations by land and sea for england ; he boasted he had charters of fealty and allegiance from most of the nobles of england under hand and seal , who would assist him against king john , which much encouraged him : all the exiled bishops , archbishops , and other exiles joyned with him , . his navy defeated , taken by king johns , . he and his nobles joyntly assert ; that england never was , is , nor shall be st. peters patrimony : that king john was never true king thereof : that neither he , nor any other king , prince , could give away his realm without assent of his barons , who were bound by oath to defend it : that he could not make it tributary , or his nobles servants , for which they would stand unto death : that king john was justly condemned for murder in his court , and for treason against his brother king richard : that he was ever devout , faithfull to the pope and church of rome ; would do nothing to their prejudice , yet would not hinder his son from pursuing his right to the crown of england upon the popes command , , . see lewes . his supplyes by sea to lewes , taken by king henries forces , with eustachius his admiral , whose head was cut off for his piracies to the english , . philip the fair of france , his grant of a seigniory to a well-deserving person , resumed . years after , . pictavia , the english nobles refuse to follow king john thither , till absolved from his excommunication and interdict , . king henries castles in it detained , , , . poland , popes pretended title to it , , . the king cannot give nor alien the crown lands , his grants resumed , , . portugal , popes pretended title to it , , . king ptolomy , his great knowledge , learning exceeded by the virgin mary , . r. ramirus king of arragon , his donations rescinded ; his fidelity , constancy , wisdom and treasure , . appendix . recesuinthus king of spain , the council of toledo its decree under him concerning crown lands , . richard earl of cornwall , elected emperor and king of romans , appendix , , . see index . king richard . detains the bishop of belvoire ( taken in armes against him ) prisoner , notwithstanding the popes letters to release him , . an excellent souldier , . earl john his brother condemned for treason against him , in detaining his castles , . appendix . abjured the right of investitures , and assent to bishops elections , if we believe the pope , . king richard . his acts of parliament against provisions , for the freedom of the crown of england from any superior power but god alone , and concerning crown lands and goods , . romania , the nobles and great men of it hired for money and the churches lands by pope gregory . to rebell against the emperor frederick , . rome , popes pretended title to the city and empire , . the head of the world , and the emperor of rome , , , . constantines resignation of it to pope sylvester in christs right , a fable , , , , , , . besieged , the pope forced to fly , and banished thence by the emperor frederick , by brancaleo and the romans , forced to reside elsewhere in italy and france , , , , . appendix . roman see , church , court : the execrable insatiable avarice , pride , insolency , tyranny , usurpations , idolatry , blasphemy , bribery , symony , injustice , hypocrisie , sacriledge , fraud , treachery , impiety , provisions , dispensations , extortions , exactions , oppressions , non-obstantes ; violations of all priviledges , bulls , oathes ; corruptions , abuse of croysadoes , excommunications , interdicts , slanderous bulls of the popes , court , cardinals , legates , church , see of rome , which rendred them infamous , odious , scandalous , and alienated most mens hearts and affections from them in england , france , elsewhere , and stirred up many publick complaints , oppositions , disturbances against them , both in and out of our parliaments , , , , , , to , , , , , , , , , , , , , , , , to , , , , , , , , , , , , , to , , , , , , to ● , , to , , to , , to , , , , to , , , , to , , , , , , , to , , , , , , , , , , to , , , , , , , , , , , , , . appendix , , , . see index , & . throughout , & . king henry . king john , frederick ; exactions , excommunications , interdicts , non-obstante● , pope , provisions . the nobles in parliament feared their manifold cavil . treasons in the businesse of apulia , since they poysoned their kinsmen and nearest relations very frequently , . they fled from th●se who manfully opposed , chased , pursuèd them , but chased , oppressed those who feared and fled from them , being encouraged by their effeminacy , , , , to . see innocent and gregory . index . roman court the fountain o● all detestable enormities , instead of the fountain of justice , . hath a power and custome like hell , to swallow up the rents of all men , and almost all things that either bishops or abbots possesse ; money is there most powerfull above all other places , , . it s scandal in absolving the dean and chapter of pauls from their excommunication by the popes command , and yet commanding them to be excommunicated again upon another reason by the popes mandate , at their adversaries prosecuting , which made them ridiculous even to lay-men , . the english generally departed from the church of rome , ( at least in their hearts , though not bodies ) for their manifold vexations , injurious oppressions , contempts , injuries ; that the son of iniquity might be revealed , their father the pope becoming an unkind step-father , and their mother the church of rome a raging , persecuting step-mother , trampling it under feet , subjecting it to extreme conditions , causing the venomous hatred between the church and people to encrease daily more and more , , , , . it s grosse corruption in granting licenses for non-residency for money , upon any subtle pretence , and to shake off christs yoak , . the discords and contentions of the english concerning elections and jurisdiction , added fuel , food , and annual revenues to the popes and court of rome , . their exorbitant tyranny over english abbots , prelates , notwithstanding their priviledges , , , . their domineering over the laity and clergy of england , and bestowing their vacant benefices by provisions at their pleasures to aliens , excommunicating all bishops , abbots , priors who durst to contradict them , through the kings folly and sloathfulnesse ; the nobles disdaining this their pride although late , rose up to provide a remedy , compelling most aliens to fly the realm , commanding all religious persons who farmed the romans benefices , to pay their rents to the barons proctors at a time and place they assigned , under pain of burning their houses , and inflicting on their persons what they provided the romans should suffer , if they did otherwise ; commanding the bishops , that no man should intermeddle with their rents under the foresaid penalty by which provision england was free from the roman exactions near three years , till simon montefort was slain in battle , . their provisions of benefices for aliens , intollerable rapines , extortions , abuses for apulia , the principal occasion of the wars between the king and his barons , begun , carried on , fomented by the bishops instigations , to secure their purses and money from the roman harpyes , , , . gualther mapes his memorable verses of the grosse bribery , injustice , corruption of the pope , court of rome , and all sorts of officers therein , whereof he was an eye-witnesse , , . their merchants , usurers defiled all england with usur● , and were worse then the jews , who were supplanted by them , appendix . falling away from the pope and roman church long since predicted , for their corruption , , , , . the greek church deserted , separated from , excommunicated them upon this account : see greek church . romans : their senator , citizens insurrection against popes , chasing them from rome , contemning their menaces , excommunications , as exempted from them by priviledge , . appendix . see index . gregory . innocent . and . fredericks . the pope agrees to conferre all vacant benefices in england , especially of religious persons , on romans ; writes for , benefices to be provided for them in three diocesses ; the number , values of their benefices , provisions inquired after by writ , amount to above marks annual rent , besides other profits , being near three times more then the kings ordinary revenue , , , , . the romans corn threshed out , spoyled by the english , who are excommunicated , imprisoned , severely punished for it , , to , , to . russia , popes pretended title to it , . russians subject to the greek church , . s. saracens , croysadoes , wars against them ; they rejoyce at the emperors and popes discords , wars , , , , , , , , , , , . sardinia , popes pretended title to it , . the emperor frederick according to his oath , seised on it as a part of the empire , usurped by popes , for which pope gregory . excommunicated him , , , , . saxons , seised the isle of ely when they invaded england , . scotland , scots , their submission , hostages to king john , and league with him , , . king h. . resumes northumberland , cumberland , and westmerland from the scots king , formerly granted to david by the empresse in his name , he being not to be defrauded of so great a part of his realm ; upon restitution whereof he gave him the county of huntingdon , belonging to him of antient right , . the popes pretended title to it , , . eustace de vesci , accused of treason , flyes into it , . king edw. his soveraign dominion over it , and pope boniface his letter concerning it , . a peace between the king of scots and king h. to whom he did homage and swore fealty in the legates presence : he refused to admit the popes legate into scotland , telling him , ●e needed him not : that no legate ever entred it in his , or his fathers , or any of his ancestors dayes ; neither would he suffer any to enter whiles he was compas mentis : that if he entred , the scots were rude persons , from whose violence he could not protect him ; whereupon the legate changed his covetous mind of entring scotland , . another popes legate desiring to enter scotland , is met and opposed by the king , who told him , never legate entred it before him ; that they had no need of him ; that christianity there flourished , and the church was prosperous : after many discourses , by mediation of the nobles of both realms , when the king was about to deny his entrance , he procured a writing , lest he should return confounded into england , that his present coming thither should never be drawn into consequence in time to come : whereupon he called the bishops and others of scotland unto good cities beyond the sea , collected the th part of their goods , and sent it to the pope ; departing secretly without the kings license , and carrying the writing away with him , . the scots kings and nobles charter of peace , league , fealty , and submission to king h. . ratified by their oaths , and submission to the popes jurisdiction and censures if infringed , , . godefry sent thither as popes legates to collect money , that church having no need of a legate , . scythia , infected with the collyridian heresie , . sicilia , the popes pretended title to it , claiming it as the churches patrimony , , . frederick king of it , persecuted by otho the emperor for seising some castles of the empire whiles vacant ; for which he was excommunicated , deposed by pope innocent , . pope gregory stirs up the sicilians to rebell against the emperor frederick , king thereof , when crossed for the holy land , , . excommunicated by the pope for oppressing some churches in it , and keeping them vacant ; with his refutation thereof , , , , , , . pope innocent . stiled it st. peters patrimony , . proffered by the pope to richard ▪ earl of cornwall , to drain his treasure , and engage him in his wars against the emperor and conrade ; his refusal of it ; bestowed upon king h. . for edmund his son , whom his legate invested in poffession of it by a ring , upon certain articles and covenants which he swore to , impossible to perform ; by which he cheated the king , and obliged him in vast sums of money , without ever gaining possession : no clerk to go to the court of rome , unlesse he first took an oath , to procure nothing from thence to the prejudice of the king concerning sicily ; with the procurations , transactions concerning it between king h. . edmund , pope alexander , and his successor , , to , , to , , to , . appendix , . prince edmund stiles it his realm , writes a letter to all the bishops , abbots , nobles , people of it , to receive him as their king , promising to maintain all and every their liberties , advance their honour , and prosecute that affair with all his power , . king h. . his letter to the queen of france concerning this affair , to perswade her husband the king , and write her letters to the pope , cardinals , queen of navarre , and her son , to promote this affair of his sons , . octobon the popes legate demanded a gift of marks from the clergy to the king , which he claimed for the use of the church of rome , for debts contracted in the name of edmund for the businesse of sicily , apulia , and calabria ; which they denyed , would not grant , because all such taxations made were never bestowed for the kings or kingdoms profit , . see more concerning it in apulia , conrade and manfred . spain , popes pretended title to it , , . it s crown lands unalienable , . murmelius king thereof , and of africk , . a bishops tongue cut out therein , in contempt of the pope , . the bishop of ely sent embassador thither , . king stephen , the hostia suddenly vanished at his coronation , between the archbishops hands and his mouth , . his charters of crown lands disallowed , revoked by king h. . as voyd and illegal , against the right heir , being an usurper , . sweden , popes pretended title to it , , . switzers , switzerland , popes pretended title to it , . their common lands unalienable , . syria , a miracle in it , . the soldans power in it , ▪ t. the tartars invade hungary without resistance , during the emperors , popes wars , quarrel , , , . themistocles , against alienating publick lands , . thracia , infected with the collyridian heresie , . transylvania , popes pretended title to it , . tunis , the kings son pretended to be hindred from being baptized by the emperor , , . tuscia , the pope stirs up a rebellion in it against the emperor , to invade his and the empires rights , and dethrone him , for which he proceeds against them , , , . w. wallachia , popes pretended title to it , . wasconia , king h. . his voyage to it ; forces sent thither ; the steward of it ; his ayde received towards it , ill successes in , inglorious return from it , , , , , . his vast expenses in it more then it was worth , . wales , the archbishops and bishops in it ; when and by whom subjected to the see of canterbury , , . see index . subdued by king h. . and subjected to england , . the kings right to elect and confirm bishops in it , who ought not to chuse any bishop without his special license , nor consecrate him till his special approbation after his election , , to , , . kings writs issued thither to bishops and others , , , , ▪ king johns successes in it ; their princes , nobles do homage , swear fealty , and give hostages to him , , . he marcheth against them with a great army to chastise them , which he dismisseth for fear of his nobles treachery , . david prince of northwales , excommunicated , interdicted for breach of his oath ; by bribes procures an absolution from it , his oath , homage , fealty , subjection , charter to king h. . from pope innocent . receives it of him and the see of rome under the annual rent of marks ; rebells against king h. . takes sanctuary under the popes wing , who cites the king to rome , to answer the contents of his charter before the pope : his and his nobles indignation thereat , who thereupon wasted wales with fire and sword , reduced it to extreme misery , so as the bishops for poverty forsook their bishopricks ; some of them and their rebellious prince dyed of grief ; the welsh elect griffin his brother prince in his stead , hiding themselves in holes , mountains from the english forces , , , , , , , . the king summons all the archbishops , bishops , abbots , and others who held of him by knight-service , against the welsh to chester , and prohibits them to hold a convocation to which the archbishop summoned them , . the welshmen the despicablest of all nations : king h. . unable to repulse their injuries for want of money , . excommunicated by the archbishop of canterbury and other bishops , for breaking their oath , and invading england with fire and sword , , . see index . asaph , bangor , st. davids . king henries proclamation against offering violence to the persons , goods , or ecclesiastical liberties of any religious persons or clerks in the diocesse of st. davids in wales , upon their complaint , , . stirred up by the barons against the king , . king william the conqueror , harolds oath to him by duresse , and edward the confessors grant , bequest of the realm of england to him without his nobles , voyd in law , . his conquest of england , . king william rufus his son , destroyes churches to enlarge his new forest , built lincoln church , enlargeth and translates the bishoprick thither to expiate his sin : his ordinance concerning it , and power thereby for the king to depose the bishop , . index . part . alphabetical , of the principal matters of divinity , civil ecclesiastical jurisdiction , government , law , councils , parliaments , prerogative , and other particulars in this tome , and some omissions in the former tables . a. abbies translated to bishops sees by our kings prerogative . p. . abbots elected by our kings special license , and to be approved by them when elected . p. . see elections , and index , , . their new oath to defend the popes regalities , keep his secrets , visit his palace once every . years , to receive , honour , assist his legates ; appear at his synods upon summons , not to alien or morgage any lands without the popes special license , &c. prohibited by the kings writs to borrow monies upon their common seal , to bring their houses in debt without the kings special license , if of his patronage , and their covent● assent , , and by popes bulls to enter in bonds without his license , under pain of interdict and excommunication ; whereupon they refused to be bound for king h. . , , . abigail , a type of the virgin mary by papists , . abjuration introduced , by king h. . and his counsil , in crimes where trial by fire and water was allowed , after that kinde of trial suppressed , appendix . abjured persons not to be seised on in the publike way , , . of falcatius de brent , . of the right , custom of investitures by king h. . . of whores and priests concubines in oxford , upon oath , , . abraham , preserved from slaughter by gods love to the virgin mary , . absolution from excommunication by the old law , custom of england , without any oath , de stando mandatis ecclesiae , but only upon pignatory caution . , . this oath exacted by popes , legats in foreign parts before absolution , , . of king john from his excommunication , who took . oaths on the evangelist when absolved ; , , , . his nobles refused to follow him into france till absolved , . of king lewes and his complices from their excommunications upon accord with h. . , . of the emperor frederick . upon an extorted oath , de parendo super haec mandatis ecclesiae , . which oath he afterwards refused to take till he knew the particulars , and with saving the rights , lands of the empire , , . of the bishop of winton from his excommunication by the popes legate at the point of death , upon his professed repentance , for favouring simon monteforts party against the king , . absolution of england from the impious interdict , after years , moneths , dayes continuance , , , , , . see interdict . of abbots from visiting the popes pallace every . years , for money , . of subjects from their allegiance , oaths of fealty , homage , obedience to their kings , emperors , by usurped papal authority in the cases of otho . frederick . king john , and henry . , , , , , , , , , , , , . contrary to the law of god , nature , nations , and some popes bulls and bishops resolutions , , , , , , . of kings by popes from oaths inviolably to observe the great charter , and other ordinances made by their lords in parliaments , , , , to , , , , , , , , . of the cruce-signati from their oathes , vowes to go to jerusalem against the saracens , ▪ taken by popes bulls , instigations , soon after , only to gain money for popes , to the great scandall of christians and christianity , though they excommunicated the emperor frederick and others for not going at the time prefixed , when hindred by sicknesse and other grand affairs , , , , , , , , , , , , , , , , , , , , , , , , , , . of all sinnes by bishops , to rebels before battles against their kings to encourage them to fight manfully , , . to others by popes , legates , , , . popish penances injoyned by legates before absolutions from excommunications , , , . adam , seduced by eve and the serpent , . he , eve , their posterity , and mankinde , saved by the virgin mary , as papists assert , , , to . administration of intestates goods indebted to the king prohibited ordinaries , till the kings debt satisfied , , ● . see intestates . admiral of gen●● fleet , . of the french , taken , beheaded , . admittendo clerico ; to bishops to admit clerks , or shew cause why they do it not by a day , . adoration , due only to god ; of angels , the virgin mary , saints ; hostia , idolatry , prohibited by god , , . , , . of mary more then god , by the church of rome and papists . see mary ; prayer to saints . adultery of king john ; his queen imprisoned by him , and those suspected to defile her put to death for it , . punishable by kings , . advocate ; a good ones properties , , , . all of them found in the virgin mary , whom the church of rome and romanists stile , make , invoke , magnify as their best , chiefest , compassionatest , eloquentest , most sollicitous , prevailing advocate , to christs dishonor , our only advocate by gods appointment , relying on her advocation more then on christs , , to . , to , , , . st. dominick and st. francis made advocates in heaven , equivalent to , or more prevalent then christ , , . advocates delaying marriage contracts by frivolous exceptions , excommunicated , . the emperor fredericks in the council of lyons , . king hen. . his advocate therein , , , , . the clergies advocate against popes exactions , . of the court of rome , king henry the . his letter to , ample reward promised him , . advowsons of churches , patrons cheated of them by papal provisions , complaints against it , , , . see provisions . prohibitions against suits concerning them in ecclesiastical courts or out of the realm : see prohibitions , patrons , presentations . agnus dei ; a vain charm against thunder tempests , . sung in churches , . prohibited to be impressed by bakers on sale-bread , . christs pretended appearing in popish hostiaes under that form , , . alienation of capite lands in mortmain or otherwise prohibited , . a license to alien such lands upon a voyage to the holy land , . of lands belonging to archbishopricks , bishopricks , abbyes or chauntries prohibited , recovered , resumed by the kings writs ▪ , , , , , to . , , , . prohibited abbots bishops , by new oaths to the pope without his license , . who yet may alien all the churches lands against his oath , . aliens , poictovins , italians , romans , others , promoted to bishopricles , ecclesiastical preferments , benefices in england , by king joha , henry . and popes provisions , though illiterate , scandalous , ignorant of the english tongue , to the prejudice of the english church , scholars ; complaints by the nobles against this abuse ; still continued notwithstanding promises of reformation , , , , , , , , , , , , , , , , , , , , , , . alienated the kings heart from , incensed him against the english , consumed his treasure , domineered over the natives , married the english nobles ; oft complained against , the king sharply reprehended for it by the english nobles in parliament , , , , , , , to . the chief cause of the barons rebellion against king h. . , . their corn threshed out , goods , houses plundered by the english ; who are excommunicated , imprisoned for it : inquisitions after their lands , plundered goods , , to , , , , to . the nobles rise up in arms against , banish , force them several times out of the realm , seise their moneyes , goods , oppose their return as firebrands of sedition , , , , , , to , , , , , . alien priors and normans lands , rents in england enquired after , seised by the king , , . alien usurers introducei , protected by the pope , excommunicated , imprisoned , till they made their peace , , , , , , . append. . altars of , and to the virgin mary , , . christs corporal apparition on them in popish hostiaes , , . appeal made at the high altar against king johns charter by the archbishop , , , , . archbishops after their elections carried to the high altar , , , . priests flying to their ●horns for sanctuary pulled thence , , . hubert pulled from before it with his crucifix in his hand , to which he fled , . broken in pieces because persons excommunicated celebrated mass on them , appendix . king h. . his oath upon the altar at westminster to observe the great charter , and reform all his former errors , . christs body offered on them , . angels , their several orders : all subject to the virgin mary their queen , empresse , attending on her at her death , assumption , , , to , , , , , . shew christ on the altar to plegilis , , . not to be adored , , . americaments of clergymen , . of their tenants , . antichrist ; the pope , court of rome reputed so by alexander cementarius , grosthead , the greek church , others , for their antichristian practises , corruptions , , , , , , , to , . see index , , apparitions of christ in popish hostiaes , delusions . apparators , beadles , their exactions prohibited , . apostacy of convert jewes , others , punished with death , , . of christians , by reason of the saracens victories over them , and their ill successes in the holy warre , . apostate moaks , writs to apprehend them , . apostles of christ , all equal to , had the self-same commission , mission , authority , as st. peter , , , . instructed , governed after christs ascention by the virgin mary , appointed by christ for their mistresse , lady , comforter , instructer , in his stead , not st. peter , by their seraphick doctors resolutions , , to . suddenly summoned to her at her death , her funeral speech to them , . apostolical power derived to the pope , christs & their apostolical doctrin , only for the edification of the church , , appeals antiently and of right from bishops , councils , synods , popes sentences , grievances , to christian emperors , kings , as supream ultimate judges , . to the virgin mary , from devils , lusts , tyrants . gods , christs justice , as the chancellor of heaven , fountain of gods mercy all bequeathed to her ; and that immediatly without appeal to any mediate saint or angels , , , , , , . from popes unjust censures , oppressions , to the next general council , church militant and triumphant supream judge , and christs tribunal , , , , , , , , , . of the pope himself to christs tribunal , . prohibited by our kings , lawes to popes or the see of rome , without their special licènse , as able to do all subjects right without them , . , . none permitted to the popes or out of the realm in cases of bastardy : certificates of it on the kings writs to his justices by ordinaries , , , , , . immediately to the pope by the canon law , pretermitting all mediate judges , . popes , canonists bold groundlesse claims of a right of appeals to them and the court of rome for all grieved persons , from all other bishops , councils , synods , churches in the world ; and in case of injustice , from all emperors , kings , parliaments , kingdoms , in temporal as well as ecclesiastical ▪ matters , notwithstanding any custome , priviledge , prescription , but not from popes or the see apostolick to any other , , , , , , , , . appeals to popes contemned , disallowed by our archbps , bishops , proceedings against appellants notwithstanding , , , , , to , . appendix , , , , . by popes own legats , , . appeals by king john and h. . against popes usurpations on the antient rights of the crown , only to declare , justifie their rights against misinformations , not to make popes judges of them ; with a saving of their rights to them and their heirs ; in elections of archbishops , bishops , abbots , without their special license , or disallowance of them when elected , to prevent their consecrations , , , , , , to , , , , , , , , , . , , , , , , , , , , to , , , , . see index , , . against dissolving a union & election , . against exiled bishops restitution , , . against popes provisions to dignities , prebendaries , benefices belonging to them in right of the crown , or by prerogative , , , , . against their bishops acting or enacting any thing in their convocations , councils , to the prejudice of the crown or kingdom , , . against their bishops , clergies constitutions made in councils , to the prejudice of the rights , liberties of the crown , nobles , people , , , , , to . against usurpations on their free-chappels priviledges , . see free chappels : against bishops or popes delegates holding plea of lay-fee , or goods not given in marriage , or by testament , , . see prohibitions . against the great charter , extorted by force of arms ; or invading , detaining their castles , and other temporal rights , not of papal nor ecclesiastical conusance , , to , , , , , , , , , , , . , , , , . of the archbishop of canterbury against king johns surrender of his crown and charter to the pope , , , , . against popes legates unjust proceedings , suspensions , excommunications , , , , , , , , . who assigned them a set time to appear in person before the pope within . moneths space , ibid. against popes , their legates , nuncioes unjust taxes , exactions , obligations , provisions by our bishops and clergy , . , , , , . of the archbishop against the king and his chief justice in case of a wardship , , . by king lewes , the barons , londoners , against the popes and his legates excommunications , interdicts , as null , . of our bishops , deanes and chapters , priors and monks , in cases of bishops and abbots elections , , , , , , , in cases of archbishops , bishops , visitors oppressions , excommunications , visitations , undue proceedings , , , , , , , , , , , to , , , , , . appendix , , to . appeals of our kings attested , renewed by their letters patents and proctors constituted to pursue , declare and defend their rights , , , , , , , , , , , , , , , . of suffragan bishops , abbots , priors against the archbishop of york , made to the pope in the kings presence , and approved by his letters patents , , , . of the king before the popes legates , his bishops , counsil , ● . occasioned extraordinary expences at rome , and enriched popes and the court of rome , , , . see index , , . all benefit of appeals renounced in obligations to popes usurers , . popes tyrannical bulls , letters to their nuncioes , agents , delegates to levy dismes , and proceed notwithstanding any appeals , or without taking notice of them , , , , , , , , , , , , , , , , , . appendix , . costs and dammages awarded in them at rome , , . proceedings , sentences after appeals reversed as void by popes letters to the parties themselves , or by his delegares in their default , , , , , , , . appendix , . appropriations by the kings license , , . appendix . their mischiefs , . archbishops of england , wales , ireland , and others : see index , , . of ravenna , . of canterbury ( as well as popes ) set over nations , the kingdom of england and lords garden therein , to root up and destroy , build , plant , &c. . his transcendent underived power by his constitutions at westminster , to interdict the kings castles , lands , the whole province of canterbury , inhibit his judges , justices proceedings , and excommunicate , interdic● them for granting prohibitions to relieve the oppressed subjects against his and prelates encroachments , , to . see index . archdeacons office , exactions , , , . see index . the pope seiseth the moneyes , goods of . of them dying rich and intestate , . arches london , an excommunication there , . armes : all persons as well bishops , abbots , clergymen , as barons and others to bear armes , or contribute towards them in times of danger against invading enemies , , , , , , , , , . the bishop of belvoir taken and kept prisoner in his armes , sworn never to bear arms more ere released , . armies summoned by our kings writs against enemies , welshmen , scots , , , , , , , , , , , , . arrests , attachments , imprisonments of noblemen and others whose loyalty is suspected in times of danger , for refusing to find pledges for their due obedience , , . of ladies and others for ill language , slanders against the king , ibid. . . of false seditious prophets , . of bishops , clerks , others , bringing popes bulls , provisions into the realm , prejudicial to the king or kingdom , , , , , . of persons going beyond seas without the kings license , or against his inhibition , . of monks , others keeping force in churches , . appendix , , , , . of the monks of winton , for not complying with the king in electing a bishop , , . . of bishops and others proceeding against the kings prohibitious issued to them , , , , , , , , , . of clerks and clergymen for offences against the forest , trespasses , with force , murders , other crimes , , , , , , , , , , , , , , , , , , , , . of scholars & others for riots , tumults , breach of the peace , , , , , , , , , , , . of hereticks , , , . of apostate monks . of such who refuse to sell victuals and necessaries to jewes upon bishops inhibitions , . of excommunicate persons , duty of excommunications , . of assaulters , imprisoners of the kings justices , bishops servants , and others by tumults , , , , , , , . of popes legates , cardinals , bishops , nuncioes stirring up sedition , and resorting to councils against the emperors prohibitions , to depose him , , , , , , , , , ●● ▪ , , . of jewes , in the tower of london for murder . . articles and confessions of faith , published , authorized by kings , . assarts , acquittal from them , , ● . assise of darreign presentment , none of a prebendary , . of mortdauncester in ireland , and proceedings in it , , . held in times prohibited , , . assumption of the virgin maries body in great state into heaven by christ himself and all the host of heaven , placing her at his right hand in the very throne of the trinity , asserted by the roman church , , to . see mary . atheisme punished by kings , . attachments ▪ see arrests , prohibitions . ave mary , changed from an angelical salutation to a papal idolatrous invocation , and adoration of the virgin mary ; its various kindes , frequent repetitions in popish primers , rosaries , litanies , , , , . annexed to the pater noster as an inseparable appendix , . no lesse then . ave marias said to , and aves to . pater nosters in their romish devotions , p. . s. margaret said ave maries every vigil and festival dedicated to mary , . the absurdity of its repetition , use by papists , ibid. they begin their morning devotions therewith by ringing an ave-mary bell , the freers contests which order should first ring it , and popes decrees therein , . ave-mary bell to ring notwithstanding any interdicts , ib. a parrot rescued from a hawk by saying it , . averpeni , exemption from it . st. augustin his assertion ; that christians are christs very body , . that john ● , to . is not meant of eating christs flesh in the eucharist , p. . aydes for defence of the realm , due from , granted by the bishops , clergy , by special obligations , , , , , , , , , , . ayde to make the kings son a knight , . to marry his daughter , granted to marry his sister , . exemption of a nunnery from them , . none to be granted or levyed by the pope or others without the kings special assent , , , , , , , , , , , , , , , . extraordinary aydes granted not to be drawn into example , , . aydes granted , to the king in parliaments , upon conditions to be counselled by his natives , confirm the great charter , and reform grievances ; , , , , , to , , , , , . aydes delayed , denied by the nobles and prelates when demanded , especially for sicily and foreign wars , undertaken without advice of parliament , and before grievances really redressed , , , , , , , , , to , , , , , . aydes for the holy land , how imposed , abused , extorted , perverted by popes and their agents to popes , other uses : , , , , , , to , , , , , , , , , , , , , , , , , , to , , to , , to . popes bulls to the prelates , clergy of england and ireland to give aydes , dismes to the king , and the proceedings thereon , , , , , , , , , &c. , , , to , , to . aydes , disms , rapines for popes themselves and mother church of rome , against the emperor and other enemies , the oppositions against , and proceedings therein , , to . , , , , , , to , , , , , , to , , , to , , to , , , , , , , , , , , , , to . what publike aydes king henry . received , besides monies extorted , , . b. bakers prohibited by proclamation to impresse the sign of the crucifix , agnus dei , or name of jesus on s●leable bread , . banishment of aliens ; see aliens : of archbishops , bishops , clergymen , their kinred , relations for treason in interdicting the realm , excommunicating the kings officers for levying aydes , arms , and other misdemeanors against the kings crown and dignity , . , , , , , , , , , , , , , , , , , , , . of falcatius de brent for seising , imprisoning a judge , and holding the kings castle against him , by judgement in parliament , , , voluntary , of archbishop edmund , , , , . revocation from banishment granted by the king to some , , , , , . opposed , denyed to others . , , , , , . baptisme of infants permitted during interdicts by the popes dispensation , , . see interdicts . baptisme of an infidel hindred , objected as a crime by the pope against the emperor , , . baronage of england , , , , , , . baronies of archbishops , bishops , abbots , priors , held of the king , for which they swore fealty , and were bound to maintain the rights of his crown , seised for their contempts in not finding horse , arms ; some held of the king in frankalmoigne : escuage , fealty , due for them , with other matters concerning them , , , , , , , , , , , , , , , , , , . threatned to be seised for non-residence , neglect of preaching and teaching their subjects , if not reformed , , , . barons , earls , nobles of england . see index , . summoned to ayde the king with horses , arms against the french , . grant an ayde to the holy land , , , . absolved by the pope● legat from their allegiance to king john , , . which of them faithfully adhered to him against the pope , . he is informed by letters they would murder or betray him , if he proceeded in his wars against the w●l●h : whereupon the dismissed his army , and requires pledges for the loyalty of all those he suspected ; which most give , some few deny , , , . the french king boasted he had most of their charters of fealty and subjection to him , , . sixteen of the potentest earls and barons swear to perform king johns agreement with pandulf touching the bishops exile , , . the assent , consent of them all inserted into king johns detestable charter of resignation of his crowne , kingdoms of england and ireland unto the pope , and . of their names subscribed to it , in whose presence he did his homage , and swore fealty , , ● , , . when as the nobles not only generally murmured at , but protested against the kings grant thereof , as made without their assents , , , , , , , , , . appendix . they refuse to follow king john into france , till absolved from his excommunication , . they pretend poverty and want of monies to be the cause , . twelve of their letters to the exiled bishops for their safe return , and kings performance of his agreement with the legate , for their restitution and dammages , , . meet at st. albans , force the king to observe the lawes of king henry the . reform all ill lawes , extortions ; he intends to raise an army to subdue those barons who seemed to desert him , from which he desists through the archbishops menaces , and promise they should submit themselves to a legal trial in his court , . they enter into a secret oath and confederacy by the archbishops instigation , to revive and maintain the good lawes of king edward , and hen. . for which they would fight even to death in time convenient , , . he sends to the pope to whom he had resigned his crown , realm , for a legate to excommunicate the archbishop and barons , . they meet in . parliaments at london and reding about the bishops dammages , to whom they adhered more then to the king , , . some of them connived at king johns sealing his charter , to render him more odious , and take occasion from thence to oppose , contest with , rebell against him , , , . crown lands , charters , alienated to them , resumed , revoked by our kings , , . king johns letters to them concerning the popes release of the interdict , craving their effectual ayde , advice , for their and his honor , and reformation of the state of the realm , . their meeting in parliament thereupon with the legate , bishops , agreeing the summe of the bishops dammages , and for the release of the long continued wars , interdicts , , . their demand of the confirmation of the great charter of liberties and lawes from king john by the archbishops instigation ; menaces to raise war against , and withdraw their allegiance from him if denyed ; providing of horse , arms to force him to it , they seise upon london , raise a great army , whereby through fear the king granted them the great charter of liberties and of the forest , with many new clauses inserted by the bishops ; consented to . conservators of them , whom all swore to obey , ratified them by his great seal , oath ; and more readily to incline the prelates hearts to him , granted a new charter to them for the freedom of elections ; and ratified them by the popes bull , , to . his appeal , letters to the pope against these charers , as extorted from him by the barons by force , fear , without the popes privity , who had the dominion of england , he and it being then under his protection , without whose knowledge he ought to do nothing ; and he crossed for the holy land : the popes bull nulling these charters ; admonitions , letters to the barons to honor , please , obey him as their king , and to him to treat them favourably , grant all their just petitions ; and checking them for taking arms against him being his vassals , , , , . he prohibits them or their complices to exact these charters , and nulls all obligations , cautions to observe them . his bulls to the barons to that purpose , , . they more fiercely rebell against him thereupon ; the archbishop trayterously surrenders rochester astle to them ; the barons excommunicated for their rebellion ; all enjoyned to assist the king against them , under pain of excommunication , , the archbishop suspended for refusing to publish their excommunication , as gained by misinformation , and for favouring , siding with them , , , , . it is yet published every lords-day against them by the bishop of winton , and pandulphus the popes legate , . the barons except against it as null , because general , and none of them named in it , , . they refuse , contemn king johns offer to grant all their petitions , which the pope by the plenitude of his power should deem just to grant , hinder his voyage to the holy land by their insurrections , whereof he complained to the pope , , . upon which they and their complices are excommunicated , interdicted a fresh by name at the kings request , , . their excommunication , interdict published through all england , except london , where the barons , citizens contemn them as null , deny the popes authority in temporal matters , revile , scorn him , appeal against , and officiate notwithstanding , , , . they renounce king john , send for , receive lewis of france , crown him king , swear homage , fealty to him , , . appendix , . his oath to them , to restore good laws and their lost possessions ; which he violated by detaining their castles ; whereupon many revolt from him to king john , and for lewes and of his chief barons taking a private oath to exile all the english who adhered to them against king john as traytoys not to be trusted , , . the pope excited them by his bulls to rise up against king john 〈◊〉 an obstinate enemy to the church at first , to enslave him and his realm ; yet after he had effeminately surrendred his kingdom to him , he excommunicated , disinherited them , and gave away their estates according to the roman mode , agreeing with the king to trample them under feet , , , , , . many of them revolt from lewes to king henry . , . his oath in the agreement with lewes to render to them , and all others of the realm all their rights , inheritances , liberties formerly demanded , forwhich the discord arose between king john and them ; and to secure them from all harm and reproach for their former actings , . requests the popes letters to command those barons whose fidelity he suspected , faithfully to assist and adhere to him , and to compell those who were rebellious by ecclesiastical censures , without any appeal to surrender his castles ; which they at first resusing , were forced thereto by the archbishops and bishops excommunications , , , , . they advise the king to obey the popes inhibition , not to invade france , . the custody of their heirs , castles , land , belong to the king , . they expostulate with him for impoverishing the kingdom , and following the advice of the popes legate , and strangers when he demanded an ayde in parliament , . in the parliament of merton , will not change the law of england concerning bastardy which they settled , , , . summoned to a parliament at york to make a peace with the scots , . they all oppose the king , except earl richard , come with horse and arms to the parliament at london , force the king by a writing under the legates and their seals to submit to their ordinances for redresse of the popes exactions , and other grievances , . they all joyn in a letter to the pope against his usurpations on the rights of patronages , by provisions , in behalf of sir robert de twinge , and the whole realm ; the popes milde answer there●o to prevent their revolt from the see of rome , , , . many of them crosse themselves for the holy war , swearing to go notwithstanding the popes inhibition to them , , . feasted by the king at westminster upon olto the popes legates departure , . they unanimously assemble , complain against and tell the king they would rather dye than suffer the popes usurpations in suspending their presentations to vacant benefices , and his provisions of them to aliens ; their 's & the kings consultations , letters to the pope to redresse their grievances , , . they command all the bringers in of popes bulls to cheat men of moneys , to be arrested in all ports , . they meet to prosecute their appeals to a council against the popes grievances and extortions ; their message to martin to depart the realm within dayes , else they would hew him to pieces ; his complaint thereof to the king and timorous flight out of england thereupon , , , . vehemently incensed against the pope for his detestable avarice , treachery in exempting david prince of wales from the kings allegiance , being his vassal , against his charter and oath of subjection to him , for the annual rent of marks ; ●ssist him with their arms to avenge it , by invading wales with fire and sword , , . some of them sent as ambassadours from the king to kingdom to the general council at lyons , to complain of king johns charter , and unsupportable tribute , as extorted against his noble , wills who never did , nor would ever consent thereto , , , , . their memorable epistle to the pope against it , and papal provisions of benefices to aliens who had no ca●e of the peoples souls , but were most ravening wolves devouring their flocks , who knew not their sheep , nor their sheep them , kept no hospitality , gave no almes as they ought , reaping onely the fruits of their livings , which they transported beyond sea to the realms impoverishing , dep●●ving the well-deserving english of their benefices , which might and would discharge their pastoral duties , receiving above marks , annual revenues out of england ; complaining of martins●apines ●apines and other oppressions , enjoying , exercising greater powers by his authority than ever any former legates : des●ing him like a tender father to redresse these intollerable oppressions of his children ; to preserve the rights of the kings crown , who was a catholick and pious prince ; who though willing to obey , and increase the honour and profit of the church of rome like an obedient son , yet they who did bear the burden , heat of the day in his affairs , and who together with the king diligently intended the preservation of the realm , could no longer patiently tollerate the said oppressions and intollerable grievances , detestable both to god and man , hoping and believing the pope would out of his piety apply such speedy and timely remedy , that he might dem●rit to receive special thanks from all the nobles , and whole realm of england , as from his most dear sonnes in christ , , , . to which the pope giving no satisfactory answer , the ambassadors departed from the council in disconsent , swearing terribly , they would never pay nor suffer to be paid that detestable tribute to the roman avarice , nor the rents of churches ( especially such whereof the nobles of the realm were patrons ) to be extorted from them : which the pope patiently connived at and dissembled till a fi●ter ●im of revenge● the popes rancour against the king , nobles . kingdom for this their complaint . letter , and opposition against his rapines ; his mena●●●● speeches , futther aggravation of his hand and opp●essions against them , , . they meet in a general parliament at london to oppose , r●dresse the incessant grievances of the court of rome , which ve●ed them to the soul , against promises and priviledges granted them , draw up their grievances into several articles , as against the antient custom , liberty of the king , kingdom , the appeal and contradiction of their proctors in the general council at lyons : send messengers , with memorable letters in their own names , and of all the nobles and commonalty of england against these grievances to the pope , speedily to redresse them , which they 〈◊〉 could nor would and longer ●n●nre ; threatning if they were not ●efo●med by their messengers return they would rectifie them themselves ; and that he should know for certain , such perilt would befall the church of rome and the king , as could not easily be prevented , , to the king by their advice and provision prohibi●s all tall●ges and contributions to the pope by his writs , impudently demanded , collected , notwithstanding their letters and opposition against them , which the barons manfully oppose , but the ●apal prelates and king at last , by their adv●c●●nd menances to interdict the realm , cowardly submitted to , , , , , , , . their new le●te●s to the pope , cardinals , and oppositions in parliament against the popes new exactions ; whereat the court at rome grinded their teeth for anger , yet boldly proceeded in their obstinate intollerable rapines , , to . summoned to a parliament at london to oppose the unsupportable contribution the prelates had imposed on the clergy in a general council , who thereupon absented themselves from the parliament , summoned to a new parliament at oxford , to co●s●lt of the state of the realm , and prev●nt the popes m●●ifold extortions which impoverished and exhausted all the treasure out of the realm ; to which the bishops being specially called , m●st unworthily submitted to pay marks to the pope , besides the exempt monasteries left to his rapine , to the barons great disgust . their complaint against the bishop of lincoln and his officers excommunications , and vexatious citing people to take oaths against their wills in their visitations and courts , in cases of defamations , and matters that concerned not matrimony or testament , against the laws and customs of the realm , to the prejudice of the peoples fames , sou's , . all summoned to st. edmunds feast at westminster , and solemn procession , adoration of the pretended viol of christs blood , which the king then carried from st. pauls church to westminster , to be there reserved , adored , , . oppose in parliament the popes grant of first-fruits of all vacant benefices to archbishop boniface , out of laymens benefices ; upon which the king issued out a prohibition against their collection , , . they deny the king an ayde in parliament , sharply reprehended him for demanding it , for savouring aliens , spending the wealth of the realm profusely on them , for violating the churches liberties and great charter , against his oath , for having neither a chancellour , treasurer , nor chief justice elected by the common counsil of the whole realm : who promised to reform all things with great , but feigned humility ; they believe him not , because of his frequent breach of such promises , till they saw a real reformation ; thereupon the parliament adjourns , and ●t last broke up in discontent by the kings sharp answer to , and denying of their demands , , . the king displeased with his counsellors for losing their hearts , who put him to hard un-kingly shifts to begg and extort moneys , , , . prohibited by the pope at the kings request to go to the holy land , when prepared , and by the kings writs not permitted to go out of the realm against his will , as they resolved , . they advise the king to seise the barony of the bishop of worcester for excommunicating the sheriff thereof against his prohibition , in contempt of his crown and dignity , . summonned to a parliament to grant the king an ayde of money and men for the holy land , which they refuse ; whispering secretly , that the king was no souldier , never versed in war ; that they could not expect he could vanquish the saracens , who took the martial king of france prisoner ; that he rashly undertook to gain others lands beyond sea by power , who was unable to keep his own : reprehending him with great indignation , as born onely to cheat his subjects of mony and empty their purses , and return home in discontent : the king conceiving these speeches and actions proceeded from a malignant spirit and hatred against him , resolved to send for a legate to compell the bishops to a contribution , who then durst not say him nay , , , , , . in another parliament after a sharp reproof of the king for violating the great charter , and liberties of the church , they granted him an ayde , upon condition to ratifie them in all the articles thereof bona fide without any evasions , which he and his father had frequently violated against their oaths , and cause a general excommunication to be denounced against all iufringers thereof in westminster hall , which he did , , , , , . they deny the king an ayde for apulia and sicily , because undertaken without their counsil and consent , by the whisperings of the pope and his italiaus , and because not all summoned and present according to magna charta , . they compassionated neither the church nor prelatet , . compelled bishops , clergy-men , and religious persons to make suit at their courts , , . they animated the cowardly divied bishops in their convocation at london , to give nothing out of their baronies to the king o● popes legate , . the king and nobles often solicited in vain by the bishops to redresse grievances against their pretended priviledges , they thereupon resolved to redresse them themselves ; and by their own new exorbitant constitutions , subjected the king , his judges , officers , barons to new excommunications , interdicts , censures for opposing their pretended churches privileges , , to . against which the king by their advice appealed in his own and kingdoms behalf , , , . their proceedings and ordinances in the parliaments at oxford & london , against the intoerable rapines , insolencies of the popes agents , poictovines , and other foreigners whom they banished england , to preserve the kingdom from utter desolation by the subtilties of the church of rome and king , . they animated the cowardly prelates , reprehend the king for his folly , and uncircumspection in embracing the popes proffers of apulia to him , without their counsil or advice , which involved him in infinite debts , and not refusing it as his brother richard did : deny to grant him any ayde towards it , or debts contracted for it , telling him they neither could nor would endure such extortions ; whose president all the abbots but one followed , , , . they sharply reprehend the king for breach of the great charter against his oath , excommunications denounced against the infringers . promoting all manner of alien , contemning , opposing his english nobles , subjects , exhausting the kingdoms treasure , reducing himself to extream poverty , contempt , whereupon he did humbly acknowledge his errors , and frequent bewitching by ill counsel , promised by solelmn oath on the high altar and st. edwards coffin to amend all his former errors fully and plainly ; which they not crediting , by reason of former violations of this kinde , adjourned the parliament to a further day to oxford , provide horse and arms for their own defence against the poictovins treacheries ; exact the confirmation of the great charter , with other particulars for the kingdoms peace , ease , wealth , swore solemnly to each other to prosecute , and not give over their resolution for the losse of money or lands , nor yet for the life of them and theirs , caused the king and prince edward to swear to obey , pursue their counsel in all things ; swearing they would not leave one foot of land in england to such nobles who refused to take the like oath , , . they pursue the poictovines from oxford to winton , force them to fly , and hanish them out of england , seise their monies in all places where found , and forced herlot the popes nuncio to fly secretly out of england for fear till quieter times , , . they forced the king to swear involably to observe their provisions made at oxford , who privately procured an absolution from them , the pope nulling his oath and their provisions , . they send a notable letter to the pope concerning the businesse of apulia , as undertaken without their advice , without whom the king ought not to undertake it , complaining against the bishop of winchesters , his brothers and officers opposing of their ordinances for the kingdoms settlement , the intollerable rapines , oppressions of his officials ; his refusal to stand to a legal tryal , who was so detestable to the commonalty of england , that they would by no means permit his return into england , though the king and nobles desired it ; and that it was the fixed resolution of all and every of them , that they would never suffer this author of schifm , discord and scandal to live among them : representing other his tyrannical and detestable facts to the pope , together with their letter by four eloquent knights they sent with it , left he should corrupt the pope and cardinals with money to consecrate him bishop ; which messengers were to return with all expedition without any disputation or discourse , , to . which the king seconded with his letters and proctor , . they compelled all foreigners to fly the realm , commanded all the farmers of the roman churches not to pay their rents to them , but to those they appointed to receive them , under pain of firing their houses , and such personal penalties as they intended to inflict on the romans ; commanding the bishops under the like penalty , not to permit any romans to meddle with their rents , whereby england continued three years free from their exactions , . they endeavoured to have their constitutions at oxford ratified at rome , opposing the kings nulling of them , who yet prevented them , , , . their articles of agreement concerning the archbishops return into england upon certain conditions , , . see index . boniface . their provisions touching the spoyls and plunders of ecclesiastical persons , goods , during the troubles , inquisitions after them , and for their safe custody , , to . the kings letters to the bishop of london and other bishops , to excommunicate some barons for breaking their oaths and agreement with him , seising his castles , wasting his lands in an hostile manner , and drawing prince edward to rebel against him , , . the king sends for a legate into england to assist him and excommunicate the bishops , barons in arms against him ; who not daring to enter into england , sends for some bishops into france , and there excommunicates and interdicts them . they by advice of some bishops and their officials appeal against it to the pope himself , to better times , and a general council , also to the supream judge for certain causes and convenient reasons ; afterwards ratified by the bishops and clergy in a council at reding ; the inhabitants of dovor tear the interdict which they seised on , and cast it into the sea , , , , . roger abbot of canterbury published the popes bull of excommunication against them there , nulling their provisions and league at oxford ; absolving the king and all others from their oath to observe them , from which the bishop of worcester and other clerks adhering to the barons asserted and preached publickly , the pope had no power nor authority to absolve them , being made and sworn to by common consent , , . ottobon the popes legate soon after coming into england in his red cardinals robes , excommunicates all the bishops , clergy adhering to simon monteford against the king , in a council at northampton , suspended them from their office and benefices ; and then excommunicated all the barons and others adhering to him ; encouraged in their rebellion by the bishops and clergy , , . their overthrow at the battle of evesham ; the award and accord made between the king and them in the parliament at kenelworth , . matthew westminsters recapitulation and censure of their provisions of oxford , proceedings , war , arms aginnst the king and bishops encouragement of them , , , . the disinherited barons lurk in the isle of ely ; their high and sharp answer to the legates proposals sent to them , which much incensed him and the king against them , , . he summoned all the archbishops , bishops , barons and others that hold by knight service , to assemble with horse and arms to subdue them ; the bishops and abbots assembled in parliament resuse to ayde him with their armes , protesting they held their baronies onely in francalmoign , not by knight-service ; that they were obliged to assist him onely with their spiritual armes prayers , tears , not with the material sword ; and were bound by their benefices to maintain peace , not war , &c. , . the earl of glocester refuseth to send armes to assist against them , yet sent letters patents under his hand , he would never bear arms against the king or prince edward , to avoid the note or treason . he besieged the legate in the tower , prohibits any victuals to be carried to him ; those in the isle of ely sallying out plunder'd all the kings jewels at westminster , so distressed him for want of mony , thath : pawned his jewels , the precious stones , & golden images in westminster abby to merchants to raise a little money for the present , which he afterwards redeemed , restored ; the legate excommunicated all the disturbers of the kingdoms peace , and interdicted all the churches in and near london , , . the popes bull setting forth the kings sad oppressions , persecutions by his barons wars , the great losse he sustained , debts he incurred , and miseries he and the realm sustained thereby exhorting the archbishops and bishops to a liberal supply and payment of . years disme which he granted to him , that he might the better defend the church , realm , maintain their liberties , rights , and promote gods service with greater zeal , , . they discharge king henry from his oath and voyage to the holy land for the kingdoms safety , which might be endangered by his and prince edwards absence out of it at one time , , . see more in hen. . & king john. barons of the cinqu ports , their priviledge , . barons of the exchequer , the treasurers valediction to them being made a bishop , . agreeing with the collection st. matthew , st. james , and st. andrews holy-days ; a writ to them for repairing westminster abby . . barons of france : summoned by king philip to invade england , and depose king john , , . they and their king affirm , that no king could give his kingdom without the general assent of his barons , who were bound to defend it ; for by his voluntary act make it tributary , else his nobles might be made servants , , , . their baronies derived from , escheated to , and held of the crown , , . adjudge king john to death , and to forfeit his dominions in france for the murther of his nephew arthur , , , . appen , . their notable confederacy against the popes , prelates usurpations on their liberties , by their canons , excommunications , , to . borens of scotland , their oaths and ratification of their kings league with henry . . . saint basils appeal to the virgin mary against julian , . bastards , disabled to enjoy benefices without the popes special dispensation , to gain mony , . born before matrimony made legitimate , hereditable by subsequent marriage by canon , not common-law ; which the lords would not alter at the bishops request , , , , , , . bastardy , no appeal to be mitted to rome or elsewhere against a certificate thereof by the ordinary , when returned into the kings court , , , , . in what form certificates of it are to be made by the agreement of the barons and bishops in parliament in england , certified to ireland , , , , , . no second certificate to be made to the judges after the first retorned in court , . bastardy no● tryable in the ecclesiastical court , prohibitions against such tryals there , , , , , , . bayle ; pledges , manucaptors , given in cases of misdemeanors , , . or danger from persons suspected , , , , , , , . for women who held in capite , not to marry without the kings license , . bayliffs of the king summoned to account , their exactions enquired after , redressed , , . of bishops , to give an account to their executors of rents received , . complaints of , canons against their proceedings by the prelates , clergy of england and ireland , as contrary to the churches liberties , , , , , , , to . see sheriffs , prohibitions . those of ireland complained of to the pope for hindering their servants to make wills ; or take up the crosse , ibid. redeem their vowes when crossed , . bed●ls exactions , . benefices , appropriated , the mischiefs thereby , . license to mortgage their profits for three years for the holy land , . see patrons . berengarius his scoff at plegiles his devouring christs body , . st. bernards , bernardinus de busti , & bernardinus senensis their blasphemous passages concerning the virgin mary , , to , , . . see index . bishopricks erected , bounded , divided , united , translated from place to place by our kings and their ecclesiastical prerogative , , , , , , , , , , , . see index , , . the kings prerogative over them , their lands , stocks , during vacancies and elections , confirmations of bishops to them ; see elections , prerogative , and index , . the emperor excommunicated for keeping many of them in his hand being vacant , and taking away their ornaments . . . bishops ; all their ecclesiastical jurisdiction derived onely from , bounded by kings , and exercised under them as their delegates by their authority , commissions , processe , , , , , , , , , . the end of their endowments was to discharge their pastoral duties , and feed their peoples souls , bodies , not themselves , , , , , . their great neglect of their duties therein , ibid. , , , , , , , to . see index , , . the grandure , damnablenesse of this their sinne , most repugnant to christs and his apostles doctrine , practice , and most like to that of judas , , , , , , . see index , . their insatiable avarice , pluralities , commendaes , extortions , exactions , worldlinesse , , , , , , , , , , , , , , , , , , to . see index , , , , . throughout . their piety , sanctity , humility , obedience to emperours in the primitiv● church before endowed with riches and temporalties ; their intol erable worldliness , pride , insolency , ingratitude , luxury , ambition , rebellions , treasons against kings , emperors , ever since their rich endowments of them , which choaked all their piety , vertues , and ought in charity to be resumed to cure these their vices , , , , , , , . see index , , , at large . what unworthy bishops were promoted by popes provisions , and princes , , , , , ● , , , , , , , , , , , , , , , , ▪ see index , , , , . throughout . their attempts , canons , constitutions , usurpations , incroachments , oppositions , interdicts , excommunications , treasons from time to time against the rights , prerogatives of the crown , king , kingdom , kings officers , nobles , subjects , to oppresse , trample them under feet , and enthrall them to their wills as their slaves , or vassals , . . . . . . , to . . . . . . , to . ▪ . . . . , to . . . . . . . . . . . . ● . . . ▪ . . . . . . . . ● . . . . . . . . . . , to . , to . . . . , to . . . . . . . . . . . , to . , . . . . . . . . . . . . . . . . . . . . . , to . . . , to . . , to . . . . . . . . . . . . . . . . . . . . . . . . . . . , to . . . . . . . . , to . . . . . . , to . , to . . . . . . . . . . . . . . . . . . . . . , . . appendix , to ▪ see probibition , and index . . . . king john , henry . ferdinand and otho . enumerated amongst the great barons of the realm , holding baronies from the king , . obliged by their baronies , oath of fealty , elections , confirmations by kings free grace to be more faithful , obedient , studious to defend his rights , and assist him upon all occasions than others , . . . . . see oath of fealty . more addicted to the pope and his usurpations , against their oath , than to the king or kingdoms interest ; which they oft betrayed to the pope , . . . . . ▪ . . . . . . . . . . see index . . . . their episcopal office , duty , . . . . . . peculiar office by the canon ▪ law , . they and popes have nought to do , intermeddle with , exercise any jurisdiction in temporal or secular affairs , nor to give judgment in lay-cases , or bear any secular office , . . . . . . . . . . . . . . their prisons , . do homage , swear fealty to the king , . see homage , oath of fealty : obliged to ayde our kings with money , horse , arms for publick defence : see armes , armie , ayde . kings ought to compell them to residence , and discharge their pastoral duties , or punish them if neglected , . . . . . . . their persons , temporaities , goods are subject to imprisonment , death , banishment , seisure , forfeiture for treason , rebellion , crimes , contempts , misdemeanors , by our kings , laws , as well as secular persons , . . . . . . . . , to . . . . . . . . . . , to . . . . . . . . see arrests , banishment . licensed by our kings to make wills , and bequeath their goods . . . . see wills. sworn to act nothing against the kings person , crown , kingdom , with a salvo , . bishops foreign , casually omitted out of index . p. albanensis , andegavensis , augustensis , . ambriensis , atrebatensis , . engolisme , gerard , . patr. of jerusalem , geraldus , ▪ ▪ . . . leodiensis , . nicholsiensis , . ostensis , . . surianorum , . thusculanensis , . . w●lletrensis , . blasphemy punished by kings . . blodewite ; exemption from it , . blood , issuing out of pierced crucifixes , images of christ , adored by papists as his real blood , . popish miracles of drops of blood issuing out of the hostia , of the wine in the chalices appearing in the form of blood , to prove their doctrine of transubstantiation , . , to . no blood of christ or real miracles , but forged legends , phantasies , or diabolical delusions , . . a viol of christs blood brought from jerusalem , carried by king henry iii. in procession from pauls to westminster , there preached , esteemed to be , reserved , adored as christs very blood , though a grosse imposture , . to . several false reliques of his blood elsewhere reserved , . see christ , miracles , transubstantiation : blood of becket , shed for the universal church as a martyr , by popes , prelates assertions ; when as it was really for high treason , . . . . . . bishops , clergy-men not to be judges in cases of blood , . body of christ ; see christ , transubstantiation . bonaventura , his sacrilegi●●s , blasphemous psalter of the virgin mary , and turning lord into lady throughout davids psalms , for which he was made a bishop , cardinal , and canonized a roman saint , , , , , , , , . bridges repair , reserved by all charters of endowments of cathedrals and monasteries , . st. briget , her canonization , revelations , . and passages of the virgin mary : see index . st. briget . bulls of popes to the kings or kingdoms prejudice , their importers arrested , hanged , , . see arrests . contemned , burnt by some of our archbishops , , . contradict , null , repeal each other by detestable non-obst●ntes in them : see non-obstante . the pope authorized the abbot , monks of st. albans , or any of them , to tear his or his legates letters if they contained any thing contrary to his ●ull of priviledges granted to them , for moderating provisions , . which yet he soon after violated , , . burials christian , prohibited during interdicts , . appendix . interdicts . priests whores and concubines deprived of it , . c. cano●s of cathedral churches : see index . & . pauls ; and prebends . canon law ; canons , constitutions , decretals made by popes , popish prelates , councils , the principal engines to batter down , undermine , subvert , trample under feet the ecclesiastical and civil prerogatives , rights , crowns of christian kings , emperors , kingdoms , prelates , churches , by excommunications , interdicts , absolutions from oaths , and other canonical innovations ; null all civil laws , regal , magistratical authority ; ascribe a transcendent power to popes above all powers in heaven and earth , divine , humane law ; exempt all clergymen , and their very harlots too as such , from their jurisdiction , censures , and make them meer cyphers at popes and prelates pleasures , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , to , , to , , , to , , to , , to , , to , , , , , , , , , , , to , , , , , , , , , , . appendix ▪ to , , . the canon law prohibited , books thereof torne , canonists and professors of it ( the grand supporters , enlargers of popes universal absolute monarchy ) silenced , , , , , none binding , nor to be made but by common consent in parliament , not by the prelates , clergy alone in councils ; and for what things , , , , , , , to , , to , , , , . appendix , . all contrary to the common law , the kings prerogative , custom of the realm , and subjects liberties , voyd , ibid. , , , , . . . constitutions printed in anon , lyndewode , cryed up for the canon law of england , though revoked in parliament , appealed against , made in a convocation against the kings prohibition , repugnant to his rights , and unsufferable grievances to the king , kingdom , , to , , , , , . the strange antimonarchical positions of popish canons and canonists , , , , : canons purposely made only for popes and their secretaries to get money by dispensations , , . , , , , , see dispensations , exemptions , pluralities , commendaes , marriages . concerning excommunications , , . against priests concubines , . canonical elections : see elections . cap . canonical obedience , , . to be made by subscription only , without oath . , , , , . see oath . of the bishops of st. davids , and other sees to canterbury , . york . of the bishop of durham to york , , see index . canonical censures , , to . see excommunications , interdicts . canonization of romish saints by popes for blasphemy , in advancing the popes soveraignty ▪ adoration of mary ; oppositions , treasons against our kings , , , ▪ , , , . of ans●lm , becket , edmund , archbishops of canterbury , and hugh of lincoln : see index . of bernard , bernardinus senensis , briget , bonaventura , catharine of senis , dominick , francis , yldephonsus , , , , . for monies , , . other saints not canonized , because they opposed the popes usurpations , . canterbury see , its jurisdiction over st. davids and welsh bishops , when , how introduced , , , , . see more of canterbury index , , , . canton swissers , . cappa choralis of the popes legare , furred , , . cardinals of rome , popes counsellors , , . pomp , , , , . see index . carvage , denyed by the archbishop of york , . cast●es , the kings and his ancestors interest in them , , of exiled rebellious bishops pulled down , . resumed , detainers of them from , against our kings in england , ireland , forced to surrender them by popes , bishops excommunications ; security from those who held them in capite ; repairing , guarding of , and other matters concerning them , , , , , , , , , , , , , , , , , , , , , , , , , , ● , ● . interdicted by popes and our prelates , for not obeying their admonitions , commands , , , , to . to be seised by the barons if the king violated the great charter , . prisoners murdered in them , , . of the pope re-seised by the emperor , , . to be built in ireland , , , . pope gregorius new castle built with the croysado money , taken , demolished , and all therein hanged by the emperor , which broke his heart , . not to be built , nor houses embattled but by the kings special license , . particular castles : see index . cathedral and conventual churches , by whom and why erected , endowed , , , . . see abbots , bishopricks , index , , , . & p. . the emperor excommunicated for spoyling and keeping some of them voyd , . ● . . consecrated , , . their elections to be free , , . see elections . cato , seised all publick ▪ revenues aliened , . caursin● , popes usurers : see usuries . cautione admittenda , a writ ; its form , when bishops deny it , , . canons concerning caution , . caution only pign●●o●y , not by oath , de stando , or parendo mandatis ecclesiae , , , . yet such oath extorted from emperors , kings , by papal and prelatical tyranny , ere absolved , , , , , , , , , , , , , . see absolut●o● , excommunication . juratory or literatory given by exiled bishops ere restored , not to attempt any thing by themselves or others against the kings crown , salvo ●o●●re dei & ecclesiae , . cellera●ius of st. alba●● , . cephas , popes claim to his place in the church , . chalices for the kings chapple , . to keep the host in , . . chancellors of england : see index . thomas becket when elected archbishop , . barons complaint of their selfseeking , & not being chosen in parliament , with the kings answer , , . chancery , the bishops and clergies complaints of new writs issuing out of it , against the ecclesiastical law , law of the land , and custome of the realm , without the nobles and prelates assent of the realm , . of the barons , for the kings staying writs out of chancery against his half brothers , . clerks thereof to be provided benefices in the kings gift , . chantrie● , the kings prerogative to erect them in all his demesne lands , chaplains of the king attending on him , see index . exempted by him from dismes payd by others , , , , . provisions of benefices and prebends for them before others , , , , . licenses for pluralities to such of them as the king should nominate , granted by the pope , , , . see plu●alities . finde pledges to keep the ornaments of the kings chapple to which they were presented , . a writ for one of them against frauds , to the kings disinherison , . queens chapla●n , a promise to him of the next church or prebend that falls voyd in an irish bishoprick , . to remove him from a living got by a popes provision , . chapl●●ns of the pope , imployed to collect dismes and other du●●es , , , , , , , , , , , , . an annuity and living granted to one of them appointed to be the kings clerk , , . imployed as the kings proctors in the court o● rome , . chapples of the king , their furniture , priviledge● , ornaments , . his order for the chaplains wages , and assigning masses to be said in them , , , , , , , , , , , , , , . see free-chapples . consecrations of them left arbitrary to the canons , . the charter of king johns detestable resignation of his crown , realms of england and ireland to the pope , under an annual rent of marks ; and of his homage , fealty for them , , , , , , . the differences between that in matthew paris , and that in the charter roll , , , , . but one only , sealed with a golden seal , not two successive ones , , . burnt in the popes closet at ●yons . years after , , . the transcript of it sent thereupon to all the english bishops to ratifie with their seals , which they most trayterously set to it , after the kings , nobles , kingdoms protestation against it in the council of lyons , , , , , , , . the menaces , force , fraud , antichristian practices by which it was procured , , to , , to , , , . the false suggestions , recitals in it , , , , , . the many nullities of it in law , conscience , , , , , to ● , , to , ● , , , , , to the archbishops solemn appeal at the high altar of pauls against it , in behalf of the whole realm , , , , , , , , . the lords , barons , justices , common peoples general declamations , protestations against it and him , as most vile , detestable , , . his own detestation of , grief for , indignation against it , , , , . four parliaments unanimous protestations against it , ●● null , voyd , because extorted by force , against his oath , made without the parons consent , falsly thrust into it , , , , , , , , , , to , . the french kings , peers , nobles protestation against it as null , , , . appendix● ● . the emperor frederick his declamation against it , as null and of dangerous president to all christian emperors , kings , whom popes endeavoured to trample under feet , and make tributaries by that ill president , , , , ● , . the kings , parliaments , kingdoms appeal and protestation against it in the general council at lyons , by their embassadors , proctors ▪ the popes present silence , but subsequent rancor against them for it , , , , , , , , , , , , . the judgement of our own monkish historians ▪ popish writers , and resolutions of foreign historians , statesmen , lawyers asserting its nullity , , , , , , , , . voyd by popes own principles and resolutions in like cases , , , , , , , , released by the popes own command , with the homage and fealty , the next parliament after , . some foreign historians mistakes concerning it , , . popes , papists vain boasts of the popes soveraign dominion , right , title to the realms of england and ireland by it , and insultations over our kings as their tributaries , vassals , slaves , , , , , , , , , , to , , , , , , , , . when , how oft , ●ong this annual rent granted by it , was payd by our kings ; upon what occasions , and when it ceased , , , , , to , , . king john though ever victorious , successefull before it , professed he never prospered after it ; and that his barons rose up against , rejected him , and crowned l●wes king , principally for this his unworthy charter , which rendred him not only despicable , but detestable to them , others , and himself , , , , , , to . charter of liberties and laws by king henry . , , . the great charter of liberties and the forest by king john , how procured from him by the barons , sworn to , confirmed by his seal , oath , the oaths of the barons , the popes bull , conservators thereof , to whom all others were sworn , , , , , . appealed against by king john to the pope , as extorted by force ; who absolves him from it by his bulls for ever , , , , to . what new clauses were inserted therein by the bishops for their advantage , , , . the barons take up armes against him after its nulling , for which they were excommunicated , , to . often sworn to , confirmed , redeemed , yet violated by k. henry ▪ for which he was taxed in parliaments , and denyed aydes , till he re-confirmed it with new oaths , provisions , excommunications , for its better inviolable observation for the future ; writs , proclamations for its observation to sheriffs ▪ , , , , , , , , , , , , , , , , , , , , , , , , , . see barons . the popes confirmation of it , of other charters , and submission to his jurisdiction , censures if violated , , , , to , , . king johns charter for the freedom of elections of archbishops , bishops , abbots , , , , , . see elections . of the grant of the advowson , patronage , royalties of the bishoprick of rochester , to the archbishop and his successors , . christ , head of the church , not the pope , . our only advocate , mediator , redeemer , refuge , saviour , way , light , life , help , , , , , . the church and every true christian more really the natural body , flesh , bones of christ , and christ himself by scripture , reason , fathers resolutions , then the consecrated hostia , . the consecrated elements in the eucharist not transubstantiated into his very natural body and blood , by for this is my body , &c. pronounced over them , , to . see transubstantiation . all his power in heaven and earth not delegated to st. peter or the roman popes at his ascension , as papists assert , , , . had no vicar-general whiles corporally present on earth but in one place at once ; transferred not his kingly or priestly office to st. peter or his successors at rome , as his successor or viceroy when he ascended , , , . gave all his apostles the self-same power , gifts , which were only ministerial , nor monarchical , ibid. pictured , prayed to by romanists as yet a little infant in his mothers lap ; or as still hanging crucified on his crosse ; or not yet risen , ascended into heaven , , . his sepulchre at venice , as now lying there interred , . in what strange ignominious unhumane manner they assert him yet corporally present on earth in every consecrate host , chalice , pix , in millions of places at once , , , , , , . his three actual descentions from heaven to earth since his ascention , at the death , funeral ; assumption of the virgin mary , , to , . to other popish saints , and catharine of senis , with whom he daily conversed , imprinted his wounds on , and exchanged hearts with her ; gave her the hostia with his own hands , , . his frequent corporal apparitions in their hostiaes ▪ in form of a little infant , lamb , raw fl●sh , blood , asserted in popish legends to evidence the truth of their transubstantiation ; though meer fables , diabolical delusions , or priests impious frauds , , to . of blood miraculously issuing out of his images , crucifixes broken , pierced , . reliques of his blood shewed , adored in several places , , , to . all his soveraignty , kingly power , offices of advocate , mediator , intercessor , redeemer , saviour of adam , eve , mankind , with divine worship , attributed , transferred by romanists to the virgin mary , , to . made wholly subject , obedient , subservient to her motherly commands , will in all things in heaven , , to , , , , , , , . papists appeals from his justice , anger , to her mercy , , , , . papists easier ascend into heaven by maries white , then his red ladder , , , , , . see mary . christ , a counterfeit one put to death , . church ; kings oath , duty , care , right to protect the churches in their realms , their rights , liberties , reform all corruptions in them , their prelates , members ; to make laws , canons concerning all church-affairs , erect churches for gods worship , and build , divide , unite churches , &c. as supreme patrons , governors of them , , , , , , , , , , , , , , , , , , , , , , , , , , to , , , , , , , . see more bishops , great charter , emperor , kings ; and index , , , , , , . church , who , what it is , not yet agreed on by popes and romanists , , , , . church of rome ; its popes , papists detestable blasphemies , errors , idolatry , in adorations , masses , matens , crowns , hours , letanies , magnificats , rosaries , mariales ; idol●zing , deifying the virgin mary ; advancing her above , entitling her to all the powers , attributes of god , offices of christ ; adoring , invoking , relying on her more then god or christ ; corrupting , altering scriptures for that end , , to . see mary . more heretical , idolatrous therein , and other saints invocation , then the collyridians , , to . then pagans , , . then bruit beasts , . their monstrous absurdities of hers and other saints seeing prayers in their new-found looking-glasse of the trinity , , . of their doctrine of an invisible standing , universal , daily , contradictory miracle of transubstantiation , and pretended miracles to confirm it , , , to . of crucifixes dropping blood , . of their images and pourtra●ctures of christ , as yet an infant in her armes , or still hanging on his cross ; and the virgin mary as a crowned queen , sitting on a throne with a scepter , ruling and commanding him , , , , , . in saying not only aves , prayers , but pater nosters to her , her images ; and frequent repetitions of them , together with salve mariaes , direct prayers for her , as if not yet saved , , , . in blotting the second commandement out of all their howrs , psalters , primers , missals , rosaries , breviaries , litanies , of our ladies late catechisms , because incompatible with their images , benedictions , adorations of her , , . their legends , blasphemies of st. catharine of senis , dominick , francis , , , , . of dominican freers hid under her large m●ntle and robes in heaven , ● . concerning popes transcendent soveraign universal power , monarchy , over all churches , kingdoms , emperors ▪ kings , prelates , councils ▪ , , , , . their detestable avarice , rapines , oppressions , bribery ; symony , injustice , corruptions , rebellions , treasons against kings , and other impious , atheistical practises : see index , , . throughout ; and . rome , popes , frederick , king henry . king john. all just grounds for the church of englands and others separation from , and never to apos●a●ize to her , , . as the greek church did long since , who excommunicated her , , , . see greek church . the churches accusation against pope innocent . before christs tribunal , for making her a slave , a table of money changers , & destroying her faith , manners , justice , truth , . see christ , popes . churches , not to be divided , . their priviledge , . see sanctuary . church-yards , their priviledge , . see sanctuary . cinqueports , their jurisdiction , . see index . cistercian monks , their priviledges , wool ; prayers desired ; deny procurations to popes legates , aydes to the king , who denyed them license to go to their general chapter , oppressed them for it ; popes letters for , conferences with them ; visitations of them ; writs against their merchandizing , and other matters concerning them , , , , , , , , , , , , , , , , , , . see monks . citations , by the pope from all realms , . of bishops , officials , officers , for oppressions , vexations ; complaints , writs against them , , , , , , , , , , , , , , . to rome and out of the realm prohibited : see prohibitions . disobeyed , , , . obeyed , . cities jurisdictions , not to answer or be sued out of them , . clerks , clergymen , priests , all subject to kings coertion , correction , secular power , government , for ecclesiastical , temporal affairs , crimes , , , , , , to , , , , , , , , , , , , , , , , , , , see arrests . popes , popish prelates , canonists exemptions of their persons , estates from all kings , princes , laymens jurisdictions , for all crimes , , , , , , , , , , , , , , , , , , , , , to all secular laws , customs , prescriptions , aydes , taxes imposed on them , against their pretended priviledges , voyd by popes canons , and canon law , ib. greater then kings ; subject only to gods jurisdiction ; exempted by taking orders from civil jurisdictions , courts , for all crimes formerly committed ; cannot be accused , witnessed against , judged by lay-men , by canonists assertions , popes and their own constitutions ; nor yet their whores , concubines , , , , , , , , , , to . appendix , to . see canon law , prohibitions . clerks imprisoned for crimes , to be delivered over to their ordinaries upon demand , to make their purgations , , , , , , , , , , . not to bear or wear armes , , , . to contribute to ta●es , armes for publick defence , as bishops should appoint , , , , , , . see armes , aydes . they all desert oxford , because the king executed two clerks imprisoned for murder ; the town interdicted , the executioners put to penance for it by the popes legate , , . their goods seised , livings sequestred for obeying the popes interdict , and not officiating upon the kings writs and proclamations , , . those who obeyed , communicated with , received livings from him , or defended his rights , suspended , deprived , forced to rome by the bishops and popes legate , , , , . to be amerced according to their benefices not lay-fee , . restrained by our old laws to go forth of the realm to rome or elsewhere upon appeals , . the qualities of such as are to be ordained , . to hear confessions , ibid. not to be compelled to swear , take an oath , no not of canonical obedience , , , , , . not to intermeddle with secular affairs , or bear any secular offices or jurisdiction , , ● , , . , , . , ● , . . not to do suit at courts in person , , , , . none to passe beyond sea without taking an oath , not to be outlawed , , . their carts , corn , provisions , not to be taken by purveyors , , . not to be intruded into churches by lay power , . not to sell , or exact any thing for sacraments or sacramentals , , . to reside on their livings , and diligently instruct their flocks , , , , , , , , , . their popith orders , tousure , office , consecration , vestments , , , . writs to poll clerks wearing long hair , or perwigs , , . protections of their persons , goods , from unjust violence , plunder , in times of warre , tumults , , . , , to . imprisonments , excommunications for tumultuous plunders of their goods , though aliens , , , . sequestrations of their benefices , goods , for deots to the king , and contempts . see sequestrations . their extream covetousnesse , pride , pluralities , non-residence , vicious lives , luxury , severely taxed , restrained by canons , writs , , , , , , , . , , , to . the emperor frederick excommunicated , for imprisoning , spoyling , murdering , imposing taxes on , and executing them for their treasons , and drawing them before secular judges , , , . collyridians , their heresie , idolatry , described , refuted by epiphanius ; imitated , faire exceeded by the papists and romaa church , , to . commendaes , when and by what popes introduced , licensed by our kings patents ; odious , execrable , infamous , scandalous , pernitious to the church , peoples souls ; yet dispensed with by popes for great sums of mony to unworthy persons who held many bishopricks , and all their former livings , promotions , with their bishopricks by them , . , . , , , , . , , , , , , . . , , , , , , , . a notable constitution against them , setting forth their odiousnesse , scandal , mischiefs , , , the popes grants of them void as to livings , preferments belonging to the kings patronage , without his special licerse or confirmation , , , , . commons : improved by the kings license , , . concubines of clerks exempt from kings and temporal judges jurisdiction , by , for their very whoredom , by popes , canonists : . canons against them , . denyed christian burial ● . banished oxford by proclamation . see index . oxon. confessions of sinne to priests , , by prisoners to be permitted , . to m●ry . confirmations of our kings charters by popes bulls , appendix , , &c. , ● , to . , . of the great charter . see great charter . conquest , no good title , without right : rents extorted by it not to be paid , , . consecrations of cathedral and conventual churches neglected , enjoyned to get monies , , , , , . new repaired ones to be re consecrated to get monies , . the ridiculous popish ceremonies used in it censured by our protestant bishops , . of images of the virgin may , and other , , . of priests , virgins , and other things by popes , bishops , , . none ever alter , annihisat the nature , essence , substance of things consecrated , but preserves them , , . consecrated places of ecclesiastical conusance , , . consent common , required to what concerns all , , , , , , , , , , . consultations , their form , when , where to be awarded , , , . contempts of bishops and others to the king , punishable with fines , imprisonment , seisures of their lands , p. . . see arrests , & index , . copes of popes , adorned with goldsmiths work , sent out of england , . coronations of our kings , queens , when , where , and by whom they appointed , of king john , . o lewes , . of king h. . , . recrowned , . see oaths . costs ; about , marks awarded against archbishop edmund at rome in case of an appeal , ruled against his sentence , , . councils , synods , general , national , summoned , prorogued , dissolved , prohibited by christian emperors , kings . they presided in them in person , or by deputies ; prescribed them what canons , constitutions to make , corrected , rejected , or confirmed them when made ; received appeals from them no councils summoned by popes , bishops , but by their authority or license , , . popes pretended authority to summon , ratifie , alter , null their decrees , and receive appeals from , but none against them , to councils , , . , , , . no english bishops to resort to forraign councils by the popes summons , but such as our kings licensed , , , , , . bishops imployed in the kings , kingdoms necessary affairs , aged , sick , or poor , excused from repairing to them in person , , . the emperor frederick desires a general council to hear , settle , the differences between him and gregory . the cardinals petition him for a general council to be summoned , who assented to it at first , but afterward countermanded it , because designed by the pope to excommunicate and depose him by his professed enemies , , , , to . the popes legates , cardinals , and above bishops repairing to it , against the emperors inhibitions , by the popes letters , taken and imprisoned by him for their contempt , ibid. see arrests , frederic , councils , convocations , synods summons , meetings , act , proceedings : at biturica in france by the popes legate , , . burdeaux by the popes legate , , . cavailon , . friburg , . glocester , , . lateran under pope alexander . p. , . under pope innocent . p. , . . the popes extortions from every abbot , bishop at it when dissolved , , . under paschal . about investitures , . vnder innocent . . . lions , under pope innocent . his summons to the english and other bishops , abbots to it ; the kings prohibition to them to act , consent to any thing contrary to the rights of the crown , kingdom in it : his and the kingdoms embassadors , proctors appeal , complaints , letters against king johns charter , rent , and other payments , extortions sent to it ; the emperor fredericks excommunication , deposition by the pope , and other proceedings ●n it , , , , , , , , , , to . london , under archbishop hubert , held against the kings prohibition ; its constitutions against archdeacons exactions , pluralities , extorted fees , &c. , . under otto the popes legate at pauls , its form , proceedings , canons , , to , , , . another under him , , . under rustand by the popes authority , , , . under ottobon at pauls , , to . northampton . oxon , under stephen langeton : which omitted the names of god the son and holy ghost in their acts , inserting the virgin mary and saints in lieu thereof ; their manifold excommunications , and condemnation of an impostor counterfeiting christs wounds , , , . another , , a petty convocation there , . paris , . reding , under ferentius the popes legate , . another , an. , p. . vnder archbishop peckham , revoked by him in parliament in some clauses of excommunication , . rome under innocent . , . under nicholas . . toledo . p. . trent p. , , . westminster under otto , concerning his message , requests from the pope , , , . under archbp. boniface , the antimonarchical constitutions , proceedings in it against suing clergymen in temporal courts ; it s interdicts , excommunications against the king , his judges , officers , to exempt all clergymen from secular jurisdiction : held against the kings expresse prohibition , , to . its constitutions printed in aton , lyndewode , though appealed against as intollerable grievances by the king , nobles , , , . & the archbishop forced to fly for , retract them , , . abbots , bishops obliged by a new oath imposed on them , to resort to councils on the popes summons , . councils , convocations of bishops prohibited to meet by kings writs ; and when met , not to debate , act any thing in them against his or the kingdoms rights , , , , , , . a general council desired by the emperor and cardinals , countermanded by the emperor , to prevent the designs therein to depose him , , to . appealed unto against the popes exactions . see appeals , , , . pompous manner of celebrating a council by the popes legate , , . courts of bishops mannors adjourned into the kings to recover their , rights , , . courts christian , consistories , secular courts ; their respective jurisdictions , judges , , to . court-baron , . leet , exemption from it , . crown , and publike lands , not to be alienated by kings , much lesse the kingdom , being against kings and emperors oathes , resumed when alienated , , to . , . see charter of king john resumption . crosses carried before archbishops , , , , . before the chancellor or vniversity of oxford , a new silver and gilt crosse provided for them , and a standing crosse there erected at the jews cost , , , . of churches seised by the emperor for a time ; though after restored , . vsed with , and instead of seals , . crosse consecrated by christs blood , not his blood by it , . croysadoes , for the holy lands releife , a papal cheat for popes , kings to pick simple christians puses for popes designs , to maintain waris against christian emperors , princes , the greek church , and albigenses , detesting , opposing papal usurpations , corruptions , to depose , inthrall , murder them , the intollerable rapines , abuses in , and sad consequences of them , . . . . to . . to . . . . . . . . . . . . . . . to . . . . . to . . to . . append. , . see aydes . and index , , & h. . those kings and others who took it up , under the popes protection , , . . ibid. crucifixes , popish miracles of bloud issuing out of them , . christ most usually painted , invoked by papists , as still hanging on them , . . bakers prohibited to imprint them on their sale-bread ; . broken by the jewes in oxford , enforced to make a new one , . . seen in the ayre . carried about by priests to protect them from souldiers violence , but in vain , . a silver one on westminster great altar , . culvertagium ; a disgracefull punishment , . . custom ; introduced by a double act , in paying popes , other exactions , if submitted to , and not opposed , . . . d. dammages , upon appeals for unjust sentences , . demanded from king john by the popes agents for the trayterous exiled bishops , who interdicted the realm , excommunicated , deposed him , for not submitting thereto , and at last enforced him by his own , his nobles oathes , charters to restore them , inquisitions , proceedings thereupon , , , . to . . to . . to . . demanded from , but refused by the emperor frederick for church-goods seised , . for injuries by the archbishop to the bishop of rochester . danegeld , exemption from it by charter . king davids psalms blasphemously altered by bonaventure ; see bonaventure . preserved from goliah by gods love to the virgin mary , heir to his kingdom , . . deacons , subdeacons office , in the v. mary , . degradation of clerks not by secular , but ecclesiastical judges , . delapidations , deprivations of priors , abbots for them , . . . . appendix . of the exiled bishops temporalties by king john , . deposition , deprivation of priors , abbots , nuns for incontinency and whoredome , . . . of a bishop for simony , . of a prior by power and bribes at rome , . . popes not to be deposed for any crime , though never so wicked , obstinate , . of emperors , kings , by popes ; see frederick , otho , king john , innocent . . and greg. . of beneficed clerks , for writing attachments , processe , writs against clergymen by the kings , his officers commands to the churches prejudice , . devil , seduced eve , the inventer of heresies ; of the virgin maries worship by vain women . . . christs apparations in the hostiaes and popish miracles , his delusions . . discords encreased by the pope and his court , occasioned by the bishop of winton , whose restitution is thereupon opposed . see king john , and h. . dismes , from the clergy ; granted , imposed , levyed by the king , pope . see ayde , henry the . index . . bulls , charters , oaths . dispensations of popes against their own canons for money ; . . see absolution , canons , commendaes , pluralities , oath : against the law of god , the apostles , all positive and humane laws , . distringas to attach bishops for their contempts , . . . . . . . division of the clergy , practised by popes agents to obtain their exactions , ends , when opposed , . of the cardinals in electing a pope , . . of the english censured by popes , who gained by them , . divorse of king john by norman bishops , . a synod consisting of abbots , priors , nobles assembled by the popes authority about the divorse of the countesse of essex from her husband . . by a bishop , reversed by the pope against the parties oathes , for monies , . dominick , the virgin maries chaplain , his commission , vision of saints of his order in heaven under the virgin maries mantle , . . popish legends , blasphemies , preferring him before christ and st. paul. . . canonized a roman saint , . . . duel , none between a bastard and mulier heir , . duresse , charters , oaths by daresse , fear , force of arms , reputed , repealed as void , . to . . to . , . . . . see absolution , charter . oath . e. ecclesiastical jurisdiction of our , other christian kings , emperors ; . . . of popes , prelates , clergy , what claimed , p. . . . . . . . see jurisdiction , kings , popes , prohibitions , praerogative , ecclesiastical laws : see canons , councils . elections : king johns extorted charter for their freedome ratified by pope innocent . p . . . . . . reconfirmed by h. . . see . no archbishop , bishop , abbot , prior of our kings foundation to be elected in england , ireland , wales , normandy , but by their special license first petitioned for and obtained by their electors , . . . . . , , . . . . . . . . . . . . . . . . . . . to . . . . . . . . . . . . . . . . . . . . . . . . . ● . . . . . . ▪ . . . . . . . . . . . . . . . . . , . . . . . . . append. . . index . . . election without such a precedent license nulled , unlesse specially dispensed with by the kings grace in some particular cases in ireland , , . . ● . . . . . . . . none to be confirmed , consecrated abbots , bishops after their elections by license , unlesse first approved , confirmed by our king● , . . . . , . . . . to . , . . . . . . . . . , . ● . ● . . . . . . . . . . . . . . . . . . appeals , contests by our kings against elections of persons they approved not when elected , and not electing those whom they recommended to be elected , , , , , , , , , , , , , , , , , to , , , , , , to , , , , to . , . , , , , , . appendix . practises of deanes , chapters , bishops , popes , to deprive the king of this prerogative of licensing and approving cl●c●ions , , , , , , to . , , , , , , , , . elections to be ratified , confirmed by popes and their legates before consecrations , by papal institutions , . , to . , . , , to . , ▪ . . elections ratified by popes against our kings appeals , for money or sel●en●s , to their great affront ; their resentments of , oppositions against them , , , , to . to . , to . cressed , ●a●ified by archbishops , , , . due elections n●●lled by popes without cause , upon frivolous pretences , to please o●r kings , by bribes , o● to prefer their own creatures to them by provisions , to the prejudice of our kings prerogatives ; with their oppositions , complaints against it , , to . , , , , , to ● , , , , , to . , . voided because clandestinely made at midnight , or before the first election declared null by the pope , , . election nulled by an archbp , who recommended another , . the right of electing the archbishop of canterbury adjudged to be in the m●●ks alone , not in the suffragan bishops , , . of rochester in the monks thereof , , . . marks given by the covent of ab●●●● to k. h. . to elect whom they pleased after their pa●al●tick prior● death , append. . popes disdainfull answers to king j●●● and henry . that they used and ought not to expect the pleasure or assent of princes in matters of bishops elections , , . emperors : general council , summoned by them , presidents , director● in them , correctors , confirmers of their proceedings , canons , &c. , . chief head , patron of the church , bishoprick of rome , and all other bishopricks ; the right of investitures of popes and all other archbishops , bishops through the empire , acknowledged by popes bulls , oath in a council at rome to be his preregative , , , . , to , , . . the chiefest , greatest of all christ an princes , over whom he hath no commanding power , , to , , , . his care of religion , , , . his oath to resume the al●●nat●d lands of the empire ; excommunicated by popes for executing it , , , , , , . see oath . the pope hath no power to excommunicate or depose him ; , to . . to . , , . popes , prelates ingratitude to , rebellions against , depositions of them , though endowed , enriched by them , endeavours to trample them and all other kings crowns , kingdoms under feet , and make them their vassals ; in whose cause , excommunication , interdict , deposal they were all concerned , , , , , , . see frederick . cannot alien , give away the soveraign dominion nor lands of the empire , & may resume them from usurping popes , , to . . his oath to the pope , invalids not his coronation oath , nor is he bound to take it , . popes usurpations over , implacable , successive malice , treacheries , slanders , warrs against them , , . see frederic . otho . alexander . gregory . innocent , . & index . . empresse ; the virgin mary , augusta , empresse of heaven , earth , and the whole world . . . see mary . enemies , not to be judges ; , . , , . . nor witnesses , . not to come into or go out of the realm in time of war , . to the king , not to be made bishops , , , , , epipha●●s , his memorable passages against invocation , adoration of the virgin mary , or any other saint , angel , but god alone , , to . escuoge granted beyond sea opposed by the archbishop , . see aydes by the clergy : not to be drawn into president , . escheator in ireland : see index . writs to him to restore bishops temporalties , ibid. & index . escheats to the king taxed to an ayde for the holy land , . eve , seduced by the devil , deceived adam , destroyed mankinde , she and her posterity saved by the virgin mary : compared with her , , , , , , , , , , mary her advocate , . exchequer ; barons of it , . ● . prohibitions out of it against administration or disposal of the goods of the kings debtors by ordinaries , , . exactions , extortions of popes , their legates , agents complained against : see frederic . henry . england , rome , and index , , , . of sheriffs , bayliffs prohibited , redressed , , . of archdeacons , bishops , officials , ecclesiastical courts complained of , canons against them , , , , , . of priests for sacraments , and sacramentals , , . excommunications , and interdicts ; popes , popish legates , prelates , and their officers principal instruments to batter down , undermine , subvert the soveraign power , rights , priviledges of christian emperors , kings , nobles , people , to usurp their crowns , kingdoms , trample them under feet , and tyrannize over them as their vassals at their pleasures , , , , , ● , , , , , , , , , , , , , , , to . , , , , , , , , , , , . , , to . , , , , , . , , , to . popes and their parasites assert it to be heresie , to deny their usurped power of excommunicating , interdicting emperors , kings , kingdomes , . . , , . the manner of popes , popish legates , bishops fulminating , denouncing their solemn excommunications with bells ringing , tapers , candles burning and extinct , all lords dayes , holy dayes , throughout the realm , , . , , , . , , , , , , , , , , . , . . , . st. bernards complaint , censure of popes , bishops frequent abuses , use of them , . certificates of excommunications , writs of prohibition and cautione admittenda on them , , . papal unchristian excommunications , interdicts of the emperor otho . for resuming the lands and rights of the empire from popes who usurped them according to his imperial coronation oath , , . , . against the emperor frederick the . for the same cause , and oother false surmises , frivolous causes , to colour it , , to . , to . , . , to . . . of frederick . for putting on his crown in jerusalem whiles excommunicated with his own hands , and declaring the injustice of his excommunication by the pope , , . for going to masse , and divine service whiles excommunicated unjustly , out of conscience and duty to god , . . for imposing taxes on bishops , clergymen for repair of castles , without the popes consent , . , . for forged blasphemies against christ , and heresie in denying his papal authority to excommunicate him , , , . for pretended heresie , . for apprehending , imprisoning popes legats , cardinals , bishops , clergymen , and executing some of them for stirring up rebellion , levying taxes to maintain war against him , and resorting to a council upon the popes letters to depose him , against his advice and prohibition , , . , , ● . , . for not fearing popes undue excommunications , and keyes of the church , . of con●ade upon like pretences ; his answer to them , , , . of emperors , kings refusing to make peace upon the popes command , articles , mediation ; or invading other kings , whiles crossed imployed in his wars , and under his protection , . , . of king john for not receiving stephen lange●n archbishop , elected archbishop of canterbury without ▪ his license , privity , obtruded into it by the pope against the antient prerogative of his crown ; not restoring the fruits of his archbishoprick and other bishopricks to the bishops ; who interdicted his realm , and excommunicated all his officers , , , , see king john , and innocent . his nobles would not follow him into france , til absolved , . against all kings or others who shall hinder or rob any going to or returning from the pope and see of rome , . of king lewes and his adherents for invading england , against the popes inhibitions by his legate , , , , , , , , . appendix , to . a legit specially sent for by king john to excommunicate the archbishop and barons upon the next oportunity , , . excommunications against the english barons at king johns request , for taking up arms against him to extort the great charter from him , and persisting to maintain it , when he and his cardinals had declared it void , because gained by fear , armes , duresse , , , , , , , , , , , , , . appendix , . of king h. . menaced , for not paying the summs for which he was obliged to the pope for apulia and sicily at the dayes appointed , appendix . . frederick . his voluntary subjecting himself to the popes excommunication , if he went not to the holy land by a day designed , to force him to perform it , . king h. . his voluntary submitting himself & his successors to the popes censures and excommunication , notwithstanding their royal dignity , if he paid not his sisters marriage portion at the dayes appointed , to force him thereunto , , , . if he performed not the articles of agreement , or satisfied not the monies in which he obliged himself to the pope for the realm of apulia and sicily , , ●● , , . of alexander king of scots , if he violated his league and oath made to king henry the ▪ , . against the barons taking arms against king h. . and extorting an oath from him inviolably to observe their provisions and confederation made at oxford , after the kings absolution from , and their nulling by the pope , , , , ▪ , , . against detainers , betrayers of the kings castles or lands refusing to restore them after admonition , , , ● , , , , , , , , , , ● . by popes and their agents , for not going to the holy land according to vowes , oath● , or refusing to redeem their vows for money at such rates a● popes agents exacted from them , to christians grand offence , when prohibited to go by expresse bulls : for violating the privileges granted by popes to such who crossed themselves for that service , or taking use of them , , , , to . , , , , , , , . . , . for not comming to hear freers preach the crosse , . for not appearing upon summons for that affair , , . for opposing , non-payment , or substraction of dismes and other papal exactions , to his own , the kings or other uses , and enforcing their speedy payment , notwithstanding any exemption , priviledge , or appeal , , , , , , , , , , , . , , , . ● , , for opposing popes provisions to ecclesiastical dignities , praebendaries , benefices , , , , , , , . , . for opposing , speaking or murmuring against the popes grant of the first years fruits of vacant benefices to archbishop boniface , , , . of the monks of canterbury if they ●efused to elect stephen lang ton archbishop at rome , without the kings precedent license , . for lay judges punishing priests concubines , in default of bishops and their officials , , . for revealing the popes , councils or legates secrets , , . to enforce jewes to remit all usury to those who took up the crosse for the holy land , . for breach of covenants , contracts , leagues ratified by oathes , under pretext of perjury , , , , . , , , , . , , , , , , . for violating the rights , priviledges of the church by seising their lands , goods , levying distresses , molesting bishops , priests , or their tenants in their persons or estates , though for just duties , or treason ▪ murders , rebellions , , , , , , , , ● , , . , , , . for not submitting to the popes awards , . . for carrying arms or victuals to saracens , or ayding them in any kind , . for usury by jewes , to engrosse all usury to the popes merchants , . for reprehending ▪ opposing popes frauds , extortions , ●i●ony , injustice , , ; , . for not paying procurations to popes legates , . for pyracie , and intercepting provisions to the holy land , . for conversing with , ayding , counselling , buying , selling , and holding any communion with emperors , kings , others , whiles excommunicated ▪ , , , , , , , . the emperors society avoided in the holy land whiles excommunicated by popish prelates , clergy , . , . popes excommunications usually renewed on ascention day , . . no appeals admitted against them , , , , , , . ● . appeals against them to a general council , the church militant and tr●●m●hant , & christs tribunal . see appeals , councils . archbishops , bishops , clergymen excommunicated suspended from their offices , bishoprick , benefices , for not publishing , or not submitting to them , or officiating to , conversing with , or receiving any promotion from kings or others excommunicated , , , , , , , , ● , , , , . threatned by the pope to king h ▪ . if he did not strictly inquire after and exemplarily punish according to his coronation oath , those who threshed out and took away the romans corn , yea send them personally to him to rome , to be absolved for it , , . absolutions from them denyed by popes , their legates , instruments to emperors , kings , others , till they extorted an oath from them to stand to , and obey the popes or churches judgements , commands ; though an illegal oath and usurpation . see absolution . popes excommunications in temporal matters , and in their own causes , where judges , parties , and professed enemies , reputed null and void ; by the emperor frederick , , ● , , to , ▪ , , . , , , , , . by conrad , , , . by brancaleo , and the romans , who pleaded exemptions from it . appendix . by our english archbishops , bishops , clergym●n , , , , , , , , . , to . by our king john and his nobles , against whom no bishops in england durst publish the popes excommunication , but only whisper it privately , , , . by the english barons and citizens of london , lewes and his adherents in king johns reign , , , , , . appendix , , . by the barons in king h. . his reign , , , , . king johns victorious glorious successes in england , ireland , scotland , wales , during the popes excommunication and interdict of him and his realm , , . the emperor fredericks victories , successes , whiles excommunicated by pope gregory and innocent . whom he chased from rome , and fled like cain before him from place to place , , , , , , to . see frederick , and index . gregory and innocent . popes general excommunications of the barons and others in arms , without reciting their particular names , held null , voyd : thereupon their particular names were inserted in renewed excommunications , interdicts , , . . the kings chappels not to be excommunicated but by popes special command , , , . see free chappels . the popes new policy , custom , when war arose between kings , or king & nobles , to assist that party which made addresses to him by excommunicating the other , and countenancing the weaker against the stronger party , that when they recovered their power , they might be perpetually obliged to him , and become his vassals , . an exemption from excommunication for any crimes or offence , but by the popes special command , granted for money , the freach nobles engagement against popes , prelates papal excommunications , and other encroachments on their liberties , , , , . the emperor fredericks letters to the romans , and cardinals , for suffering him to be excommunicated by the popes in rome it self , against their duties , allegeance ; and to k. h. . for suffering his excommunications to be published in england against the bonds of amity , affinity , & common interest of kings , . to . , , , , . helias a monk by the emperors command absolves those the pope excommunicated , , . the emperor apprehended and long detained otho the popes legat in prison for publishing the popes excommunication against him in england , popes canons concerning excommunications abuses , and absolutions from them , not observed by them , , . tenants of lords continuing excommunicate dayes absolved from their fealty to them , their lands forfeited to the supream lord , till submission to the church by popes legates constitutions , . excommunications nulled , revoked by popes , revived against the same parties in the same cause for money upon other pretences , to the great scandal of the clergy , . after appeals to popes , nulled by his bulls , legates , if not revoked by those who denounced them , , . excommunications threatned , denounced by our archbishops and bishops , against our kings , and those who adhered to them , , . . against the king and all other infringers of the churches liberties , great charter of liberties , and of the forest , and good lawes of the realm , , , , , , , . , . , , , . of all the infringers of the barons provisions made and sworn to at oxford , , . of all infringers of the publike peace of the realm , , . of all traytors to the king and kingdome , , . of-sheriffs , bayliffs , other the kings officers and judges , for executing the kings writs , mandates , discharging their trusts ; distraining bishops and their tenants for publike taxes , sesing their temporalties for contempts ; apprehending , imprisoning , executing clergymen for murder , felony , criminal affairs , in affront of the kings soveraign authority , , , , , , , . , . , . , , . , , , , to . , , , . , , , , , , , , . , , , , , . , , , to . appendix . . archbishops , bishops banished , their temporalties seised , persons attached , proceedings prohibited , they forced to absolve the kings officers , and cry peccavi for such excommunications of them , being against the law , and destructive to the kings soveraign power , ibid. . . . , . see arrests and prohibitions . of such who violate sequestrations of church-living , . of such who take malefactors goods , or distrain in churches , church-yards or sanctuaries ; or kept victuals from persons flying to them , , , , , , , , . of malitious false accusers , witnesses , and their suborners , . of sheriffs , officers refusing to apprehend excommunicate persons , or releasing them before satisfaction to the church , or conversing with them , , , , , , , . of theeves , robbers , pyrats , their receivers , countenancers , , . of such virgins , widdows , who marry against their vow of chastity , though not professed , by the canons , dispensed with by the pope , . of defrauders , detainers of any sort of tithes to whom they are due , , , . of intruders into churches to defraud patrons of their rights , . of advocates delaying the execution of marriage contracts through malice , or frivolous cavils , . of persons serving or selling victuals to jewes against bishops inhibitions , countermanded by the kings writs , , . . . , . of priests concubines , . of unjust takers , distrainers of the goods of bishops , priests , or their tenants , or offerers of violence to their persons , . . . . . . . . . . . . . . . . . . . . . . . see arrests . of lords and bayliffs hindring tenants to make , prove wills before ordinaries , , . of persons refusing to take oathes , not in cases of matrimony and testament ; or to present , accuse , or give testimony upon oath in bishops visitations , courts , against the kings prerogative , lawes , custome of the realm ; prohibitions in such cases , . . to . . . , , , . see prohibitions . oath . of judges , others who infringe the liberties of the church by quo warrantoes , or malicious interpretations of their charters , , . for outlawing , banishing clerks for crimes , . for calling a bishop traytor to the king , by the bishop himself , . of such who prosecuted prohibitions , and attachments upon them against ecclesiastical judges for suing for temporal matters , . . . for breach of contracts ratified by oaths , . see prohibitions . for abusing the archbishops official , against the bishop of winton and his servants , . to . . of the bishop of london , dean and chapter of pauls , for opposing the archbishops visitation of them , the appeals thereupon to the pope , his declaring it null , and excommunicating them again for money upon other pretexts , . . to . . of the dean and chapter of lincoln for opposing the archbishops presentation to a prebendary , . . for not submitting to bishops awards , according to the king and barons order in cases of ministers goods plundered during the warrs , . of the bishop of lincoln by the prior and monks of canterbury during the vacancy of the see , for ingratitude and rebellion against his mother church , who contemned it , and officiats notwithstanding , . the king , queen , and kings brother earl richard , usually excepted in our archbishops general excommunications and interdicts , . . . . none of the kings chappels to be excommunicated by archbishops o● bishops . see free chappels . no baron , tenant in capite , officers , bailiffs or tenants of the king , dwelling in his castles , cities , demesnes , to be excommunicated , by the antient laws , customs of the realm , without the kings privity and consent , . . . . . complaints of the nobles , people to the king , against excommunications and vexations , and writs of the king to prohibite them , . . . . . . . . . . . what admonitions ought to precede excommunications , . . . . of david prince of wales , and his brother by the bishop of bangor , for imprisoning his brother against his safe conduct , and for breaking his charter , oath to king henry by the archbishop of canterbury and two english bishops , according to his own charter and submission , . . . . . . writs de excommunicato capiendo , imprisonment on them after dayes , . . . . . . . . . . kings denial , superleding of writs of excommunicato capiendo , and sheriffs refusal or neglect to execute them when issued ; complained against by the bishops as grievances to the church , to be punished by interdicts and excommunications , . . writs de excommunicato deliberando , before satisfaction to the ordinaries , enlarging excommunicated persons , and conversing with them , by the king and his officers , . . . . complained against by the bishops as a grievance , punishable with the greater excommunication , interdict of the officers and kings castles , lands , by their new constitutions , , , . the council of oxfords excommunication of several offenders by authority of god the father almighty , of the virgin mary and saints ; omitting god the son , and holy ghost , . . . thomas beckets name thrust into ahchbishops excommunications , as beatissimus patronus noster , and as a martyr , . . anathemaes and excommunications denounced by our kings themselves in their charters of lands to religious houses and bishopricks , . . . the kings patent authorizing the master of the jews law to excommunicate such jews who did not contribute the moneys promised to their new church yard , . . saint peters , pauls , and the virgin maryes names inserted into the general excommunication of the infringers of the great charter , . the abby of st. albans exempt from all excommunications , interdicts by archbishops , bishops , legates ; but onely by the pope himself , or a cardinal legate à latere , appendix . kings writs to recall and not publish excommunications prejudicial to the rights of his crown , clerks , . . out of ordinaries malice , fraud , redressed by writs , , . see interdicts , absolutions , prohibitions , and index , , . executors composition with the popes legate for indistinct legacies . . exemptions from archiepisoopal and episcopal jurisdictions , censures by kings charters to monasteries , , . appendix , . by popes bulls , ihidem . of the kings free-chappels ; see free chappels . of the clergy by popes , constitutions , canons , and their own , from all emperors , kings , and temporal magistrates jurisdions , laws , courts , taxes whatsoever , . . . . . . . . . . . . . . . see clerks . of the kings clerks and chaplains attending on him , from dismes , . see chaplains . f fame ; what kinde of it ought to precede inquisitions , . fasts ; ordinary and extraordinary prescribed by kings , . fealty sworn and done to kings by bishops , and by their proctors , with the kings consent , . : see oath ; and index , , . throughout . made by all bishops , prelates , barons present at our kings coronations , . feastivals ; ordinary and extraordinary , prescribed by kings , , , , , . fees undue , extorted , prohibited : see exactions . none for orders , licenses to teach school , sacraments , or sacramentals , , , , . first fruits , due to the kings , . denied to , taken from popes as a usurpation , . of vacant benefices granted by pope innocent . to archbishop boniface for seven years , to raise marks to pay pretended debts of the bishoprick ; an unheard of innovation in england ; opposed by the bishops , nobles , king at first , yet enforced by excommunications . the benefices of noblemens , lay-mens patronage , and kings free chappels exempted from them by order of parliament , and the kings writs , , , , , , . the first-fruits of all vacant benefices granted the king for five years by the pope , , . the king by vertue of it challenged first fruits , against the popes commendaes retinere , granted to the archbishop of tuam , . flegwite , fleme , . exemption from them . forests ; charter of them granted , . foresters extortions prohibited under pain of losse of life and member , . protosorester , . forfeiture of the patronage of all churches by the kings expresse charter , if he performed not the agreement made with the popes legate for the exiled bishops safe return ; damages and exercise of their full episcopal jurisdiction , , . of the crown and realm for not performing conditions to the pope , in king johns charter to pope innocent . . . in king henry iii. his charters , and popes bull concerning sicily if he failed in performing the articles , . . . . a void condition , . . of goods and church-livings for treason , rebellion , misdemeanours , . . . see index . förnagelds , . forstall , exemptions from them : . francis , the virgin maries chaplain , to reconcile the world to her order , service ; he and his son under her special protection , . cononized a roman saint , , , . their blasphemies of his oath of conformities , miracles , wounds , advocateship , merits , mass derogatory to christs : his vision of a white and red ladder , and sending his freers , scholars from christs red , to the virgin maries white ladder , as the most easie , safe to ascend by into heaven , . . . . . franchises of rochester and norwich cities , seised on by the king , as forfeited by the citizens misdemeanours , , : . franchalmoign : lands given to monasteries and bishops to hold by this tenure , . those who held by it , bound to pray , not to finde armes , or fight with the material , but spiritual sword , . . what cases concerning it belong to the civil , what to the ecclesiastical jurisdiction , , , . fraud and circumvention , null grants of the king ; none ought to take advantage of his own fraud , . . impious frauds , circumventions of popes , ibid. . . . . . . appendix , . see croysadoes , aydes , gregory . innocent . . sicily , and index . of irish bishops and archbishops , . . see index . free-chappels of the king , exempt from all archiepiscopal and episcopal jurisdiction , from popes dismes , procurations , provisions , taxes , several writs of prohibition , and bulls concerning them to that effect , . . . . . . . . . . . . fremtha , exemption from it , . g galyes of jenoa taken by the emperor , . see jenoa . gelds : exemption from them , . god onely to be adored , invocated , prayed to , . . . . . . the propagation , defence , protection of his true worship , faith , gospel , church , ministers , people , the principal duty , office , care of christian kings , his vicars upon earth , . . . see kings . our only ayde , hope , help , deliverer , comforter , redeemer , saviour , . all these , other his attributes , and divine worship attributed to the virgin mary by the church of rome , , to . sparsim . papists blaphemies , that the virgin mary hath done more for god , than god hath done for her or all mankinde , . . that god hath bequeathed all his mercy unto her to dispence , reserving his justice only to himself . , &c. that god his subject to her will , and commanded by her , . . . . . . . . the virgin mary adored by papists as , and more than god . , to . made a looking-glass for saints to see prayers in , though invisible : he doth not see but hears prayers , . . goddess ; the virgin mary made , stiled a goddess , yea goddess of goddesses by popish cardinals , writers , . . . see mary . the gosp●l usu●lly read in councils , . grace ; mary the mother , fountain , sole dispenser of it , . . . . . she is most gracious to sinners when christ is most displeased with , and hides his face from them , . great charter . s●e charter . greek church , patriarch , excommunicated the pope and roman church ; separate from them , and absolve those the pope excommunicated , . , . see greek church ; index . part . . h hair , long of priests , cut by kings writs : . harlots : see nunnes , oxford whores . hauking and hunting restrained by king john : . heresie punished , suppressed by kings : . . . . . not to believe the popes usurped s●premacy , nor submit to his k●ys , excommunications , heresit ▪ . . . . . . . of the collyridians , exceeded by papists : . to . all heresies destroyed by the virgin mary : . the emperour frederick falsly slandered therewith by popes ; his vindication from it : . . . . . popes , bishops , to take an oath of purgation onely in case of heresie : . hereticks arrested , imprisoned , proceeded against by kings writs : . . . . ● . . . albigenses , how persecuted : . . of millain protected by the pope against the emperour . see frederick : . h●rn●g●ld : . hester ; a type of the virgin mary : . . . . hid●ge ; exemption from it : . hypocrisie of popes , desiring prayers to be made for them in all places , the more boldly to prey upon , and pick christians purses : . . holy ghosts inspiration , in●●rted into king johns charter ; a direct lye against the holy ghost : . . . . homage of king john to the pope and church of rome for england and ireland : . . . . s see king john , and innocent . of king hen●y ▪ to the pope ; of his nobles , bishops to him at his coronation : . of the emperour to the pope : . of the irish and welsh to king john : . . ho●pitals that were poor , exempted from dismes by the kings writs , . see poor , and index . hosp●tall●s , forced to pay taxes to king john , . . their goods , lands , seised by the emperour for their t●●a●on against him , ▪ . their lands given them by usurpers , and bought without the emperours license in sicily , resumed by him by the custom of the realm , . their great pride , wealth , priviledges made them mad , . see templars . hostages required from nobles whose loyalty was suspected when absolved by popes from their allegiance , . . hanged at nottingham , ibid. given by the welsh king , nobles to king john , . hundred-court , hundredespeni , exemptions from them , . . i jacoh and isaac delivered by gods love to the virgin mary , . idolatry , punishable , suppressed by kings , . . of the church of rome in adoring the hostia , virgin mary , saints , and praying unto them , worse than that of heathens and the collyridians , , to . and , to . see mary . jesus ; his name seen in fleshly letters in a popish hostia , . prohibited by h. . his proclamation to be imprinted on bakers sale bread , . reputed one of the great impostures by fredericks the d . a grosse slander of popes to engage all christians to rise up against him as a publick enemy of christ , . . see frederick . jesuites ; assertions of the popes universal monarchy , . . of the virgin maries association into the power of the deity , . . censure of christs miraculous apparitions in the hostia , . see index . the jesuites there quoted . jews , converted by crucifixes and christs images pierced by them , dropping blood , . delivered from the babylonish captivity by the virgin mary , . kings writs to sell victuals and other necessaries to them , notwithstanding bishops constitutions to prohibit communion with them , and excommunications against them , under pain of imprisonment , . . . . . a house erected by h. . for converted jews , . the names of several converted jews , males , females ; sent by kings writs to several abbies , priories , monasteries to receive and allow them corodies ; who were unwilling to it , , to . dower of a jews wife denied , because she turned not christian with her husband , ● ▪ forced by popes excommunications and secular power to remit all usury to such who crossed themselves for the holy land , to restore their pledges , and to respite the payment of debts by christians unable to pay them , . . a writ to apprehend and imprison an apostate jew , . see apostates . king johns great extortions of money from them , which made them weary of their lives , willing to quit the realm and leave all they had behind them to get a livelyhood elsewhere ; sold by him , like titus and vespatian , to his brother earl richard , to tear out their howels , when he had flead off their skins , . . . appendix . . imprisoned , executed for crucifying a christian childe at lincoln , . . . a writ to the citizens of lincoln to protect the jews there from violence , . . a license to excommunicate such as paid not the mony promised towards their church-yard in london , . . the popes usurers more cruel than the jews in taking advantages of forfeitures and use , . supplanted and undermined them , appendix . . prohibited to answer before the bishops by the kings writs , , . the jews at oxford condemned to build a standing crosse there , and make a silver & guilt cross to be carried before the chancellour and university in processions , for a contempt of a jew in breaking the crosse of the vice-chancellour in a procession there in contempt of christ crucified , . . . their special justice , . images of the virgin mary and christ , how made , pourtrayed by papists , . . . issuing blood when pierced , ibid. with what prayers consecrated in the roman rituals , . the second commandement obliterated out ▪ of popish howres , psalters , missals , catechismes , because inconsistent with them , ibid. of the virgin mary not to be adored . ave-maries , pater-nosters said to and before them by papists , , , , , . imprisonment ; see arrests , prisons . impropriations made by the kings license , direction , appendix . a s●persedias to tax those belonging to hospitallers , templars , and cistertians to dismes , , . of bardeny , seised into the kings hands during the vacancy , , . poor curates , vicars stipends augmented out of them , , . inductions of clerks , by kings delegates , . . by a proctor , ibid. belongs not to the archbishop , but dean and chapter , . indulgencies of popes for many thousand years sinne● , for saying prayers before an image , and saying the virgin maries rosary , . for such as are present at the consecratio● of churches , . or at the archbishops excommunication , . see pardons . to such who go to the holy war , or contributed towards it , . see jerusalem , croysadoes . to such who adored the viol of christs blood at westminster , . the special priviledge of the pope to st. albans monastery in general interdicts of the land , to say their offices and masse privately with a low voyce , and doors shut , without sounding any bell , and secluding all persons excommunicate and interdicted from it , appendix . infallibility of popes , annexed to st. peters wooden chair at rome , . inf●●cy of the king , gave advantage to the popes usurpations ▪ , . , . , under protecto●s whiles an infant , , . declared of full age , and to govern his estate by the popes bull , . infants , not to enter into religion without parents consent , . see vvards . infangethefe : . innovations in jurisdictions to disturbance of the clergy and people , prohibited by writs , , , , , , , , , , , . see prohibitions . inquisitions , for the dammages of exiled bishops , , to . concerning the liberties of the bishop of ely , , . for archbishop edmunds goods , . after such who plundered the romans barns , and threshed out their corn , , . after such who seised and took away the corn , goods of bishops and clergy men during the barons wars , , to . after the lands of archbishops , bishops , religious persons , normans and other aliens , , . of the number , value of romans benefices and provisions , and by whom granted , , , . of bishops and their officers in their visitations ought to be made without oath or coertion , , , , , to , , , . see oath . ought not to issue by the pope , but upon a precedent fame of good , grave men , and for a just cause , . of the popes for intestate goods , and goods ill gotten by usury , &c. , . instalment of a prebend , dean , belong not to archbishops , . by the kings delegates , in default of the dean or prebends , , , , , , . by fraud and a popesp oviso opposed , , . institution by a proctor , to a benefice in ireland , . challenged by the archbishop of york against the archdeacon of richmond , . by the kings delegate , , . interdicts ; popes power to interdict all lay-princes , persons for making lawes to tax , binde ecclesiastical persons , though ●or publick good or defence , till they expugn them ●ut of their statute books , . an interdict suspends not the ringing of ave-mary bell● , . threatned to king john by the pope for not releasing the bishop of belvoire taken in arms in the field upon the popes letters , . of the whole province of york by archbishop geoffry , for levying and paying an ayde to the king , for which his temporal●tes were seised , and he put to a fine , , . of the archdeacon of richmond and his clerks , by the archbishop of york , after an appeal , ordered to be revoked by the pope , . of the whole realm of england by the bishops of london , ely , and worcester by pope innocent . his bull , for k. johns obstin●cy in not receiv●ng stephen langhton archbishop against the right● of his crown ; its impiety to god , inhumanity to the souls , bodies of men ; continued for six years , three months , fourteen days , to the irrepairable dammages of the church , as well in temporals as spiritual● , , , , . no divine service , masse , preaching , sacraments , or christian burial permitted in all this space ; onely private baptisme to infants , and the eucharist permitted by the pope● indulgence to such as lay dying , ibid. all suspended from office , benefice , who durst officiate during its continuance by the kings writs and m●n●ates , who sequestred the temporalties and benefices of such who r●fused , , , , , , . the exiled bishops delayed the release of it till their av●●ice and dammag●s were fully satisfied , . , . , to . , to . an indulgence granted to some conventual churches to officiate once a week according to their rules , with a low voyce , after two years , , . the popes legate received with pr●cession , singing and festival robes during the interdict , . the letters f●r , kings writs , time , manner of its release by the popes legate , with te de●m loudam●● , , , . non vi int●rdicti , inserted into the printed copy of king johns charter of surrender , as no forcible coertion on him , . it s continuance for so many years the principal engine to ●rest the d●testable charter of surrender from him , and make himself a vassal , his kingdom tributary to the pope , , , , , , . see excommunications . of the church , town of faversh●m , and the church-mannors of the abbot and monks of s● augustins cant●rbury , by the archdeacon of c●nterbury his official , prohibiting all divine service , purification of women , christian burial , and sacraments , appendix , , . all altars broken to pieces , palls of altars , corporals burnt , and chalices melted , that were made use of during his interdict , before the churches reconciled , appendix it revival threatned to king john by archbishop langeton , if he raised for e●●gainst the barons , . of the barons , and churches of london by the pope and his legate , without any remedy by appeal , for contemning his excommunications of them , and taking up armes against king john to defend the great charter of liberties , after his nulling it as extorted by force ; and prohibition to maintain it , under pain of excommunication , , ●● , , . their slighting , der●ding , excl●ming against it as null , having no power , ●re●●dent from saint peter or scripture ; appeal against it to the next general council , and to christ ; officiate notwithstanding it , ibid. king henry . ●njoyned by the pope under pain of excommunication and interdict , to inquire of and punish such who broke open the romans barns , and took away their corn , against the liberties ▪ of the church and his coronation oath ; whereupon he issued out inquisitions against them , , . against all harbourers of pyrates , or such who send any victuals , arms , ships , or hold commerce with saracens to the prejudice of the holy land , and against all christian kings , princes who made not peace with each other , or invaded one anothers territories during four years space , to the hinderance of the holy war. this to be solemnly and publickly denounced in all cities and port-towns on all lords-dayes and holy-dayes , . . a general one ordered by the archbishop of cassal in ireland of the kings tenants , by his authority , against the decree of pope honorius , to be reversed within days , . of the cathedral and whole city of winton by the bishop elected , consecrated against the kings will , for keeping him out of the city by the kings special writ to the maior , . . of such as having layd down the crosse , refused to take it up or redeem it for monys , . of those who opposed pope innocents grant of the first-fruits of all benefices for seven years , without any benefit of appeal , . of the monastery of saint albans for days by the popes exactors of a tax , notwithstanding all their privileges evaded by a non obstante ; during which their bells , masses ceased , onely they said their canonical howres with a low voyce , . of sewald archbishop of york , for opposing the clandestine intrusion , enstallment of an alien into the deanery of york by the popes provision , . . . . of the kings castles , cities , towns , lands , and also of the kings officers , judges , sheriffs , nobles , lay-mens castles , lands , by the archbishop of canterbury , bishop of london , or other bishops , ●or summoning bishops or clergymen to appear in secular courts for any causes civil or criminal , or distraining or attaching them for their contempts in not appearing , . . . for refusing to take , imprison , excommunicate persons , or releasing , conversing with them whiles excommunicated , by the kings writs , or otherwise , before satisfaction given to the church , , . for out-lawing clerks in criminal or capital causes for not appearing to answer their crimes in the kings courts , . . for suing out prohibitions or attachments on them against bishops and ordinaries for suing men for breach of faith and oaths in civil contracts , . of jews , by interdict of all commerce with them , . . for hindering prelates by prohibitions and attachments to compel persons to take oaths in criminal causes , or testifie the truth , or inquire of mens offences in their courts and visitations , . for abbots not entring into bonds to the popes merchant for the king , in such summes as the popes agents and the king demanded from them , , . of the whole city of york by the archbishop for a long time , . of king henry . subjecting himself to excommunication , and his realm to the popes interdict by his patent and articles , if he paid not moneys to him , &c. for sicily at certain dayes , . of the bishop of bangor of a chappel in wales for a laye cause prohibited , and ordered to be released by the kings writ , . by the popes legate of the city of london , the cinqueports , and all the barons in armes against king henry the d. . . his interdict brought by the bishops out of france into england , taken by the inhabitants of dover , torn , thrown into the sea in contempt , and not executed , ibid. appeals against it to a general council , or to the supream judge , . see excommunications . intestates goods , claimed , seised on by a papal statute in england and elsewhere for the pope ; forced at last by the cardinals to null his constitution therein for its scandal and injustice , . . . . . . . . investitures of bishops , abbots by a pastoral staff and ring , the antient approved right of our kings , and christian emperors ; wrested from them by the treachery , perjury , rebellion of popes and popish prelates after many years contests ; yet still their undoubted right by their own canons , bulls , . . . . invocation of mery and saints by papists . see mary , prayers . joseph of aramathea his burial of christ , reserving the water and blood wherein he washed his dead body for a relique ; a viol thereof sent into england , attested to be his very blood years after , there adored , . . the fable of his long life , . is , in this is my body , predicated onely significatively , representatively , not identically ; proved by sundry other scriptures , daily common instances , . . never signified , nor produced a transubstantiation made by it , when uttered in scripture or story , ibid. judges , popes , others not to be judges and parties , or judges in their own cases , by popes own doctrine , . . yet they were so in all cases between kings , emperors and themselves , . enemies not to be judges ; yet popes both enemies and judges . see enemies . judges bound to defend the kings prerogative ; yet complained of by archbishops , bishops , popes ; and ordered by their constitutions to be excommunicated , interdicted for maintaining it and the subjects liberties against their usurpations , and granting prohibitions to that end , . . . . . . . . . . . . , to . . . . . . chief justices of england and ireland . see index . judges delegates and subdeligates , to which of them prohibitions are to be directed , . . jurisdiction of kings in and over all ecclesiastical religious affairs , persons , churches , . . . . . see bishops , election , prerogative , prohibitions , and index . . . opposed , denied by popes , popish prelates , canons , canonists , . . . . . , to . . . . none coercive in popes , bishops by divine right , but only by grace , grants of kings to be exercised in their names , stile , authority by their commissions , as their substitutes , . . . . what matters , causes of right belong to ecclesiastical persons , courts , jurisdiction by the lawes , customes of the realm of england and ireland . what not ; and what to the kings temporal courts : see bishops , canon , prerogative , prohibitions , excommunications , index . . . . p. , to . . , to . bractons discourse of jurisdictions , his distinction of civil and ecclesiastical jurisdiction in kings and popes , according to the papal divinity , law in that age , . , to . no particular person can wave , alter , decline the jurisdictions of the kings courts by his contract , oath , nor give a jurisdiction to ecclesiastical courts in temporal matters , contracts ; nor yet the pope by his bulls , , to . popes and popish usurers endeavoured to do it by clauses in their instruments , priviledges , contracts with our kings , . . . . . . . . and the bishops by their constitutions . , to . see prohibitions . popes , popish canonists , prelates by their constitutions exempted themselves , clerks lands , goods , churches from all emperours , laymens jurisdiction , judicature , courts , laws , taxes for publick defence ( as subject onely to gods judgement and their own ) and their very concubines , harlots too : . . . . . . , to ● . popes have no jurisdiction in temporal things or affairs . . . . . . . . . , . when , how jurisdictions may be altered , transferred , and how to be excepted against , . . encroachments of jurisdiction by popes , their legates , delegates , archbishops , bishops , ecclesiastical persons , courts , restrained by kings prohibitions , , to . appendix , . see prohibitions . jus patronatus , . justices itinerant , licensed by archbishops to give oathes and impanel juries in times prohibited by canons , at the xings petition , , . k. kings , particularly kings of england , gods vicars upon earth , chief governors , patrons , protectors of the church , christian religion , gods worship , , , , , , , . their ecclesiastical supremacy over all prelates , priests , persons , causes within their dominions , in what particulars it principally consists , ibid. popes claims and pretended soveraign monarchy , jurisdiction over them and their kingdoms , , , , . popes , popish canonists exempt all prelates , clergy-men , their lands , goods , yea concubines from their jurisdiction , laws , taxes , judicatures , for civil , criminal matters , as well as ecclesiastical , and make them meer cyphers , , , , , . excommunicate , interdict , depose them , absolve their subjects from their allegiance , dispose of their crowns , kingdoms at their pleasure : see frederick . otho , king john , henry . index , , . absolution , excommunication , interdicts , oaths . their papal titles to all their kingdoms , territories , , , . our kings soveraign authority , jurisdiction in ecclesiastical as well as civil things , derived only from god , not popes , , , , , , , , , , , , , , , , , , . their care , duty , zeal , writs , endeavours to preserve , defend the antient just rights and prerogatives of the crown , kingdom , against all papal and prelatical usurpations in england , ireland , france , , , , , , , , , , to , , , , , , , , , , , , , to , , , , , , , , , , , , . appendix , to , , . see prerogative , prohibitions ; and index , , , , . right in bishops elections , dispensed with it out of special grace in some cases of elections in ireland : see index . and elections . excepted out of archbishops general excommunications : see excommunications . his grants , acts by misinformation or circumvention , nulled , , , , . they cannot alien their crowns , kingdoms , crown-lands , without their barons , subjects consents ; being against their oaths , trusts , duty , and trustees of them only for the publick safety , benefit of their subjects , , , , . , ▪ , to . such alienations resumed , ibid. see alienation , resumption . their care , duty , oath , writs to preserve , defend , protect the just rights , liberties of the church , prelates , clergy , in their persons , possessions , whereof god hath made them defenders , without prejudice to their crowns and royal prerogatives : see index , , , , , , . & p. , , , ● , , , , , , , , , , , , , , ● , , , ● , , , ● , , , , , , to , , , , , , , , , , , , to , , , , , . obliged to protect , foster the rights , liberties of their lay-subjects , against popes and prelates usurpations , , , , , , . kings desire , declaration to govern by law , not power , ● . to do justice to all great and small according to law in all his courts , . kings remain such whiles just , cease to be kings when they prove unjust , . the king declared of full age by the pope , resumes the custody of his castles , , . what virtues are requisite in kings , and by what precious stones represented , , . the king of england , the most christian of all christia● kings , where faith , holiness hath more flourished , then in any kingdom throughout the world , . his coronation oath : see oath . adorned with armes , laws , . appealed to for justice by foreign princes , . the kings counsil , writs issued , subscribed by them , and their advice ; acts done in their presence , , , , , , , , , . see index , . and writs . his ill counsellors ( especially aliens ) complained against , removed , banished by the barons , . see aliens , barons . pope obeyed by bishops , abbots more then the king , , , . append. , . see more in prerogative , prohibitions . knights , made at solemn festivals ; the popes legates nephew knighted by king h. . with others , , . l. lapse , after . months , . none against the king by his prerogative , , , . laws , popes usurped power to limit , null , dispense , against the law of god and the apostles , to take away all positive laws without a cause , and null all princes , lay-mens laws , , . no princes laws can binde bishops or clergymen , though for their benefit , unlesse ratified by the pope , . the making and interpreting of laws in the virgin mary , who knew both the civil , canon laws and decretals , . laws of england setled in ireland : see ireland . of king edward the confessor , and king h. . sworn to be observed by our kings ; evil laws to be abolished , , , , , . see charter of liberties . students of the canon law in the universities of oxford and paris , advised with in appeals by the king . the bishops learned in the canon laws , much insisted on them to advance their own jurisdiction , exempt themselves and all the clergy from kings and secular courts jurisdiction , , , , , to . see canons , canon law , & index . judge bractons learned treatise of the laws and customs of england , in the reign of king henry . , to . laymen , though emperors , kings , judges , uncapable by popes , popish prelates canons , of any ecclesiastical jurisdiction over ecclesiastical persons , causes , things , or over priests concubines ; not to be witnesses against clergymen , , , , , , , to . their ill esteem of them and their authority , though emperors , kings , ibid. and index , , . lay-patrons benefices exempted by order of parliament and popes bulls , from first-fruits and popes provisions , by the barons stout oppositions against them , , , . excommunicated , interdicted for arresting criminal clerks , or their concubines , suing clergymen , in the kings secular courts , , , , , , to . append. . see excommunication , interdict . legacies , where suit lyes for them in ecclesiastical courts , . indistinct in wills to no particular use ; enquired after , usurped , seised by the pope and his agents for him and the holy-land , , ● , , , ● , , . lestagiu● , exemption from it , . letanies of the virgin mary used every saturday , . letany said at beginning of councils , . licenses of alienation of lands in capite , in mortmain , . see alienation . for commendaes , pluralities : see those titles . life and member , losse of them proclaimed against sheriffs , foresters , and other the kings officers extortions , . against tumults , . light of the world , christ alone , attributed to the virgin mary by papists , , . st. luke , the virgin maries chaplain , who revealed much of his gospel to her , . her picture drawn by him , a charme against the plague , . m. magna charta : see charter . mahomet ; king johns apostacy to mahomets law , a ●orged slander , , , . the emperor frederick stiled him a grand impostor , , . some christians by reason of the saracens routing them in the holy-land , questioned whether christ or his laws were the better , . mannors , with advowsons appendant , . marriage , of the emperor with isabella by proxie , the forme thereof and portion , , , , . the mother married against oath , instead of the daughter , , . a canon made by the popes legate in a council , against kings or lords compelling widdows or others to marry against their wills , saving the right of king john and his heirs , . king h. . his letter , proctor to the pope concerning his marriage , and the popes confirmation thereof , . advocates excommunicated who hinder the speedy execution of marriages , by undue exceptions , . children born before marriage , illegitimate by the common , contrary to the canon law ; certificates of being joyned in lawfull matrimony , no appeals admitted against them , , , , to , . one of the papists seven sacraments , yet prohibited priests , as more inconsistent with their orders then whoredom ; though prescribed to adam and all his posterity , . popes , priests who must not marry , made sole judges thereof ; created a sacrament , though common to all pagans , some beasts , birds , as well as christians , . the bishops , barons , nobles resolution concerning it in the parliament at merton , certified to be observed in ireland , , . a virgin or widdow vowing chastity , though she enter not into religion , ought not to marry by the canon law , yet the pope confirmed the marriage for money , . the whorish lives , practises of romish nuns , votaries who vow against it , , , , . of english wards to aliens of small value or ill manners by the king , complained of as a grievance in parliament , . wards and their marriages granted to italians and popes agents nephews , . no women who held castles in capite , to marry without the kings special license , under pain of forfeiting their lands , . a writ to execute the archbishops officials sentence in a case of matrimony , . the pope confirms unlawfull marriages against vows , canons , and within degrees of consanguinity , out of hatred to the emperor , for money , against bishops sentences of divorce , , , . see divorse . the emperor fredericks marriage of his daughter to battacio , a friend to the greek , and enemy to the roman church , made a cause of his excommunication and deposing by pope innocent . p. , , . mary of aegypt , her appeal to the virgin mary , . mary magdalen , christs apparition with hers to st. catharine of seals , to whose custody he commits her , . a counterfeit one how punished , . mary the virgin , pourtr●yed by the church of rome and papists as the empresse , queen , lady of heaven and earth , sitting on a royal throne in majesty with a crown , and rayes of glory on , about her head , and a scepter in her hand ; but christ her son as a little babe yet lying in her bosome , armes , or at her feet , and so represented to them when they invoca●e her and him , , , . the legend of her tearing her marble image , for a contempt offered to her sons , . her image drawn by st. luke carried in procession , chased away the plague , . her several images , churches resorted to in several places , . their assertions , devotions , averring her soveraign universal monarchy and fulnesse of power over the church militant and triumphant , the whole world , heaven , earth , hell , purgatory , and all angels , saints , creatures in them , as their empresse , lady , queen both by inheritance , emption , redemption , election , and as spouse , mother of the king eternal ; totally subverting st. peters & popes pretended monarchy , , to , , , , , to , , , , , &c. that the crown of the church militant and triumphant , plenitude of power , and power of the keyes , is in her by right of empire , in the pope , bishops only by way of delegation , execution , , . christ by his testament neither did not could bequeath the monarchy of the universe from her ; and had he done it to her prejudice , she might reverse his will , . their authorized prayers to her , to command , compell her son , now in heaven , by her motherly right and power over him , , , . that christ as her son , yea god himself is subject to her , adore , rerence her , obey her will in all things ; ever grant , never oppose , deny any thing that she requests for sinners , or her worshippers , servants , , to , , , . that christ her son descended thrice personally from heaven after his ascention , with the whole court of heaven , to honour her at her death , funeral , assumption into heaven : that he hath advanced her soul and body to his own right hand , and placed her on the very throne of the trinity , where she sits , reigns over all creatures , blessed for ever , in the very glory of christ himself , not only as an empresse , queen , lady , but as gods companion , associate ; a goddesse , cloathed with the deity in her son ; and as a goddesse of goddesses , to whom all knees in heaven , earth , and under the earth do bow , , to , , , , , , , . the church , popes of rome professedly adore , worship , honour her with divine adoration , by dedicating altars , aves , ave mary bells , breviaries , candels , cathedrals , chappels , parish churches , colledges , creeds , crowns , festivals , fraternities , houres of prayer , hymnes , letanies , mariales , masses , monasteries , oblations , offices , pater nosters , pilgrimages , postils , primers , processions , psalters , religious orders of monks , nuns , sermons , temples , te deums to her , for her publick , private adoration , invocation in all places ; by swearing , vowing by her ; holding councils , excommunicating , interdicting , and passing all ecclesiastical censures , acts in her name , and by her authority ; adoring , invocating , honouring her more then god himself , or christ her son ; and canonizing those for saints who most advance her adoration in their church , , , , , , , to , , to . they attribute , transfer all christs attributes , offices , titles to her , in their authorized publick , private books of devotion , postils , sermons , mariales ; wherein they pray unto , and blasphemously stile her , our advocate ; advocate of all mankind , of eve , of all in misery , of all penitent sinners ; our best , most faithfull , eloquent , gracious , powerfull , prevalent , sollicitous advocate , on whom we may most firmly relye ; she alwayes obtaining what she requests on our behalf , without suffering the least repulse ; who is sooner heard then christ himself ; and by her most powerfull rhetorick hath made the hand-writing of our damnation to fall out of gods hand , , , , to , , to , , , . almoner of gods graces , riches ; ayde , ayder of all in distresse , misery , in every calamity , danger ; of our justification , redemption , , , , , . archangel among the angels , . ardor of divine love , ark of all gods heavenly treasures , , . arrow against the old serpent , . beauty of all heavens and just men , , . beginning of our love , . breaker of the serpents head , gen. . . being applyed to her , not christ her seed , , . bridge over the floud of this perillous world , . buckler of those who fight , . cause of the salvation of mankind , . chamber of the king eternal , . changer of the course of nature , . charity of god , . most ready comsorter , consolation of the desolate , of the desperate , of quick and dead , disconsolate , and of sinners , , , , , . conductor of pilgrims , . confusion of devils and the proud , , . crown of the just , . defence of the oppressed , . desire of patriarchs , . dispenser of all gods heavenly graces , gifts , mercles , treasures to his church or mankind , , , , . doctresse , teacher of the aposties , , . door , gate of heaven , liberty , life , paradice , salvation , , , . empresse of heaven , earth , paradice , the whole world , and all creatures in them , , to , , . example of chastity , humility , all graces , . excellentest of all creatures , excelling the angelical and humane nature united in glory , as much as the circumference of the firmament excells the centre in magnitude , , . expectation of prophets and all good men , . extirper of the plague of death planted by father adam , . ferula of devils , . flower of paradice , . food and refection of mens minds , . form of god , of just men , . fountain of all consolation , divine grace , graces , mercy , pardon , salvation , , , , . garden of delights , . glory , dignity of mankind , of heaven , , , , . gods , christs most faithfull associate , companion , fellow , assistant , , , , . our goddesse , cloathed in some sort with the deity , , , , . goddesse of goddesses , , , . guide of sinners , and all erring christians , . hand of god , to blesse , deliver , heal , help , and convey all graces , mercies to us from god and christ , , , . haven of the shipwrackt , . honour of all christian people , . the only and most holy hope of christians , of the desperate , miserable , poor sinners , , , , , . solid hope of our reward , . image of purity , . our inlightner , . intercessor for the clergy , and female sex , , , , . joy of angels , saints , , , . ladder of heaven , paradice , by which we ascend to them ; the white ladder , whereby we more easily , safely ascend to heaven , then by christs red ladder , , . lady of heaven , earth , the world , all creatures in them ; of angels , saints , devils ; our desired lady ; lady of ladies ; lady of pitty ; lord blotted out of their st. bonaventure's psalter throughout davids psalms , and lady put in its place , by popes and the roman churches authority ; and in bernardinus de busti his mariale , and office of her conception , , , , , , , , , , , , , , , , . life of the world , our life , water of life , fountain of living water , , , . light of the whole world ; of cherubins , and heaven it self , which shine more bright by her light , , , , , . mediator of the world , of all mankind , between god and men , to make peace and reconciliation between them . mediatrix of our salvation , conjunction , union , justification , reconciliation , intercession , communication ; who temperates the heat of gods wrath , and by her intervention preserves , defends the world from burning and destruction , , , , , , , , , , , , . mistresse of the whole church , of the apostles , evangelists , preachers , , , , , . of chastity , ibid. mother of all christians , orphans , of all mercy , pitty , to whom all ought to have recourse and fly as to their mother , designed by god to that office in all necessities ; to whom god hath bequeathed all his mercy , reserving only his justice to himself ; that all oppressed ones may , ought to appeal from gods and christs justice , for relief against them unto her , as to the chancellor of heaven ; and from all oppressions of the devil , tyrants , and their own corruptions ; the hight , length , depth , breadth of her boundlesse mercy , filling not only heaven , earth , and the whole world , but purgatory and hell it self , , , , , , , , , , , , , , , to , , , . mother of salvation , . mountain , scale of all virtues , . nobility of the world , . nurse of orphans , pupils , . ornament of the universe , . pacifier of god and man who are at variance , . patron of mankind , . physician of the sick , , . p●llor of all power , . portresse of paradice , , . greatest prince among principalities , . promise of the prophets , . protection of all oppressed ones , . queen of angels , apostles , confessors , patriarchs , prophets , all saints , virgins ; of heaven , earth , the whole world , all things , creatures in them , , , to , , , , . papists crown for , and crowning her every day as their only queen , empresse , lady ; their oath , vow of perpetual homage , fealty , service to her ; resigning of their souls , bodies , all the faculties , members of them , and all they have or relate to , into her hands in the first place every morning ; and imploring her to receive the kingdom , rule over them as her devoted servants , subjects , , , , , , , . reconciler , recoverer , redeemer , repairer , restorer , reviver of lost mankind , humane nature , the whole world , universe , adam , eve , and their posterity , ● , , , , , . refreshment , rest of the wearied , and all in tribulation , , . refuge of sinners , . of christians , . reward of good men , . rule of justice , salvation of the world ; our salvation ; of quick , dead , and all that hope in her , , , , . saviour of sinners , of mankind , , , , , , . the golden scepter which admits us into the heavenly paradice , . school of all virtues , . secretory of gods eternal counsil , . sea into which all the rivers of divine grace flow , . solace of the elect , of the world , , ● . spouse of the holy ghost , of the king eternal , , . morning star , to direct and bring all christians sailing through this worlds sea , to the port of salvation , , , , . the star which brings all dead things to life , . strength of the weak , . our surety , . our sweetnesse , fountain of all sweetnesse , of all who contemplate , of angels , men , , . the holy tabernacle , . temple of god , of pitty and mercy , . terrour of devils , . throne of god , of the king eternal , , . treasurer of the most high , and all his graces , , . tree of life , . triumph of the imperial heaven , . veine of all mercy , and of our salvation , , . supreme virtue of all virtues , . voyce of the prophets , . wall of the besieged , , . way of the erring , , . way by which sinners come to god , and pardon to sinners , . window of heaven , . wine-sellar of god and the holy ghost , of whose fulnesse all participate , . the church of rome and her proselyres in these particulars greater hereticks , more sottish , idolatrous then the heathens or collyridians ; gave just cause to our church , others to sever from them , and for all others now to do the like , , to , . they canonized those for saints who were most blasphemous in this kind , , . they attribute all their victories , successes , deliverances principally to her , and give her the glory of them , . they averre , the virgin mary hath done more to and for god , then god hath done for her and all mankind , in sundry respects , , . that none can be saved but by her , . that she was conceived , born without original , lived without any actual or venial sin , and needed no saviour , , , , . that her advocation is so prevalent , that although the whole trinity had sworn by christs wounds to shew no mercy to a sinner , yet she would obtain it for him : that the use of her rosary will deliver souls out of purgatory , and save reprobates , . the world created out of gods love to her , . her power over devils , hell , , , , . over purgatory , , . she hath all the properties of a good king and queen , . her new bonaventures creed ; whosoever will be saved , before all things he must needs hold this firm faith of our lady ; which belief unlesse every one shall hold firm and inviolate , he cannot be saved : bonaventures ladies psalter , and fox acts and monuments , vol. . p. . which should have come in p. . l. . their new te deam & mariam laudamus , sung to her honour , instead of the old te deum , , . their religious orders vows in her name , . their special blasphemous letanies said to her every saturday in the year , and on other solemn annual festivals dedicated to her publick worship , , . their whores refrain whoredom on saturdayes , out of reverence to her ; many romanists fear , reverence her more then christ himself , , . she is prepo●ed in many of their prayers , books , dedications , prayses before christ her son , . they say pater nosters as well as ave maries to her , before her altars , images , . they pray to her to convert the realm of england and all in it from the cruelty of hereticks , . they attribute christs regal , prophetical , sacerdotal offices to her , and quite undermine them , , &c. , &c. , , . she had the self same wounds imprinted on her soul , as christ had on his body , to make her a mediator for mankinds redemption , and christs consort therein , . st. francis , st. dominick , and their orders her special chaplains , taken into her special protection to reconcile the world to her son , . they assert , it is her sons desire she should be reverenced , honoured more then himself , . that she being the lady of all creatures , all the angels , earth , and as many creatures serve , worship her , as serve and worship the trinity ; and that all of them reverence , how the knee to her , as they do to christ , , , , , . that she hath the chief care of all the churches as their mother ; the plenitude of all ecclesiastical power , orders , of binding , loosing , perpetually residing in her , by her ordinary inherent imperial regal authority , in greater perfection then any pope , bishops , priests , who have but a delegated power and exercise of the keyes , and that confined , , . that she had most exquisite knowledge in all arts , sciences , laws , canons , the sacred scriptures , contemplative and school divinity , as far as humane nature was capable , , , . the gift of miracles , healing , discerning of spirits , ibid. that during christs three dayes lying in the grave , the christian faith , church resided only in her , , . not assumed into heaven with christ her son , lest the angels and court of heaven should doubt which to meet first , the mother or the son , . the title of roman catholicks , more marians then christians ; and more her subjects , servants then christs , , , to , . her first , greatest champions in england , the greatest oppugners of our kings prerogatives , . freer tecel his impious scurrilous vaunt of the popes pardons ; if a man had l●yen with and gotten the virgin mary with childe , yet the popes pardon was able to absolve him from that offence , . her sole merits , intercession exceed all angels . saints conjoyned , who are all silent , and prevail not if she hold her peace , , . cassander , ludovicus vives , espencaeus , their censures of the ill consequences of these romish doctrines , practices : their confessions , that papists adore mary and other saints in the self same manner as they do god ; and deem him lesse placable and exorable then they ; relying more on their merits , intercession then on christs , , ● , , . she rescued a parrot out of an hawks talons , for crying ave mary , . above times more churches , chappels , monasteries dedicated to her , then to christ , ● . monasteries , hospitals dedicated to her in england and wales , besides parish churches ; speeds catalogue , p. , to . see st. dominick , st. francis , eve , images , ave maries , collyridians , prayer . masse , god reconciled to the whole world by one masse of st. francis , undervalued by king john , . suspended for sundry years by popes interdicts , . see interdicts . of st. edward , prescribed every day in king h. . his chappel , whiles absent in his wars in france , . said on ship-board , by a freer predicant , an innovation , . permitted to be said in religious houses only with a low voyce , without ringing bells , during the interdict of london by the popes cardinal , . ap. . k. h. . his blind devotion in hearing . masses every day , & desiring to hear more , but neglecting sermons , . altars broken , corporals burnt , used at masses during churches interdicts , appendix . said with a pall by archbishop edmund , . pontificalia , ornaments used by popes , bishops , mitred abbots at masses , . appendix . said by a cardinal , appendix . . refused to be said in jerusalem whiles the emperor frederick being excommunicate was in it , . this emperor and conrade after him deposed amongst their principal crimes for going to masse whiles excommunicated and interdicted , out of conscience to serve god ; masses and gods service must all be laid aside at popes pleasures : see fred. . manfred , excommunication , interdicts . measures : keeping of them in york belongs to the mayor and citizens , not dean and chapter in their church-lands , , . merchants may freely go out of the realm , except in time of war , . popes merchants , vsurers : see usurers . merits of mary and other saints , pretend to advocate for us , by pontificians , as well as christs , , , . ministers of christ , godly , painfull , should be encouraged , maintained , protected ; negligent , scandalous corrected , removed by kings ; criminal imprisoned , banished , capitally punished , as well as others , , , , . see banishment , bishops , clerks , arrests , prisons . miracles popish , of images , crucifixes shedding blood , to advance their adoration . of christs apparitions in the hostia in the shape of a little infant , flesh ; bloud , &c. to prove their doctrine of transubstantiation : impostures or diabolical delusions , , to . all true miracles ever visible to all mens eyes , senses ; unquestionable : wrought only by some extraordinary persons upon extraordinary occasions , not frequently by all priests , in all places : transubstantiation proved no miracle , but a grosse imposture , , . wrought by drinking st. edmunds hair , , . his miracles attested ere canonized , . of archbishop beckets blood , . of bishop grosthead , many yet not canonized , , . of a monk curing a creeple at his preaching the crosse , , . mischening , exemption from it , . miter of otto the popes cardinal , and his other robes worn in the council at pauls , . of the abbot of st. albans by special priviledge , with other pontificals by the popes priviledge . append. . monks , freers minors , preachers , and other orders , their insolency , treachery , obstinacy , pride against our kings in point of electing abbots , bishops recommended to them by the king , , , , , , , , , . see index , , , & elections . taxed by k. john to publike ayds , , , . app. . expelled , banished the realm for their treason in electing stephen langeton at rome archbishop without the kings license , against their former election , , . the force of the monks of canterbury in the church of faversham , the sheriffs removal thereof , with their wounding , bloodshed , and contests about it , appendix . to . their degeneracy , insolency , pride , avarice , worldlinesse , purchase of lands , and great revenues , imployments by popes , as their taxmasters , tribute-gatherers ; sophistical legates , in preaching the crosse , collecting dismes and other exactions , to the scandal of their professions , against their orders , rules , oaths ; declamed against by our monkish historians , ▪ , , , , , , , , , . , , , , , , to . , , , , , , . appendix , , . see croysadoes , and index , . their visitations by the popes visitors archbishops , bishops ; and appeals , contests , exemptions , purchased against them from the pope with vast summs of money , , , , , , . , . appendix , . see visitations . their merchandising prohibited by writs , upon complaints against them , , , . imprisoned and soundly beaten , , . their detestable murders of each other , and of a bishop in sicily , . freers minors and predicants said masses privately with a low voyce on wooden altars , with a little portable altar of stone laid on them ; heard confessions , enjoyned several penances against the rules of their order , to the prejudice of others by the popes authority , . no freers minors to be elected bishops in ireland , or consecrated if elected , , . fratres saccati instituted , . the intrusion of the freers minors into st. edmunds , . eustathius , a monk , a great pyrate , admiral to king philip of france , taken by the english , and beheaded for his pyracies , . writs to send some monks from winton to other houses , , . a schisme in the abbey of glaston , between the abbot and monkes , unworthy monkes there made together to make a party against the bishop of bath and wells , . the like in st. swi ●ins winton monastery , , , . , , , , , . see cistertians , cluny , apostata capiendo . deraigned by the king , and made capable to marry and purchase lands ; kings power over them , their lands , possessions , , , . see index . our monkish historians malice against , and slanders of king john , for maintaining the rights of his crown against papal vsurpations , and seising their temporalties for disobeying his writs , . , , . brand those who adhered to , or pleaded for him against the pope , , , . some of their old charters , bulls rased , proved forgeries , ap. , , . die of the plague , grief , . mortmain , alienation of capite lands prohibited , . see alienation . mules , adoring the hostia , a brutish argument for papists to adore it , and transubstantiation , , . murage , excommunication for demanding it of clerks , . murder ; king john slandered for murdering hostages at nottingham castle , and some he suspected to defile his queen , . and the emperor frederick for executing trayterous clergymen , ▪ king john condemned by the french king , peers , for murdering his nephew arthur without hearing ; for which they alleged he forfeited his lands in france , and right of the crown of england , , , , . appendix , . clerks at oxford executed for it , for which all deserted the university , . by jews in crucifying a child at lincoln , , , ● . by the bishop of aquen , . . by monks of a bishop and monk , . n. namium vetitum sued in the sheriff● court , . navy summoned by kings writs against forreign invasions , , . of the french , twice defeated by the english , and their admiral taken , , . of those of genoa by the emperor frederick . , to , , . of king john . see ships . nicodemus , his story . noah , saved from the deluge by gods love to mary , . nobles . see barons , peers . non-obstante , a detestable word , frequently inserted into popes bulls , subverting all former charters , bulls , priviledges against justice , law , conscience , complaints of our historians , kings , prelates , nobles , parliaments , and oppositions against them , , , , ● , , , , , , , , , , , , , , , , , , ● , , , , , ▪ ▪ , . when introduced into our kings charters , and how censured , as a sulphureous detestable corruption springing from rome , by some judges ▪ , , , , , ● , , , . nonresidence in archbishops , bishops , ministers , provisors , mischievous , prohibited , punishable by our kings : notable writs of the king , and constitutions of octobon against it , , , , , , , . ● , to , , , , , , . see index . archbishop boniface , & pet. de egeblanke . the moiety of nonresidents livings demanded by the pope , , . novelties in usurpation of jurisdiction in ecclesiastical persons prohibited by special writs , , , , . nunnes , . and their abbesse deprived , ejected , imprisoned at once for their whoredom and uncleannesse by king henry . and their lands at ambresbery given to others by him and king john , , . their detestable whoredom , uncleannesse in other parts , ibid. enabled to marry by our kings . a nun ravished by an archbishop elect of canterbury , who begat many children on her , . o. oath : the sacred bond thereof , and infamy in violating it , among all nations , , , , . popes not bound by any oathes , but may break all by the canonists doctrine , . brake the league with the saracens ▪ ratified by oath , to the scandal , prejudice of christians , . absolve subjects , crucesignati from their oaths for money , against the law of god , nature . see absolution , croysadoes ; enforce the jewes by excommunications to remit to the crucesignati their use-money , which they had taken an oath to pay , and to release their oathes , . popes prophane oathes by st. peter , , . violate , null their own charter of investitu●es , ratified by oath , and the sacrament , as extorted by force , . bishops prophane oathes , , . coronation oath of the emperors otho , frederick , others , to resume the dispersed , invaded rights of the empire , for observing whereof , by resuming the lands usurped by popes , they were excommunicated , deposed : popes cannot absolve them from it , nor their oath to the pope , to maintain the churches liberties , , . , ▪ , , . of king john , . append. . of king h. . . of king john and his barons on his soul , to perform articles for the bishops safe return , restitution to their bishopricks , and damages , , , , , , , . his oath of fealty to the pope and his successors upon passing his detestable charter , , , , . king h. . his oath of fealty to the pope , and to pay the annual rent granted by king johns chatter , , . the emperor frederick his oath of fealty to the pope , , , ● . no discharge of his coronation oath to resume the rights of the empire , , , . king john his oath to observe the lawes of king henry the . edward confessor , and great charter of liberties , , , , . his violation of , and absolution from it soon after by the pope , , , . append. king henry the d his oaths to maintain the liberties of the church and great charter , his frequent violations of them notwithstanding , complained , of , objected against him in parliaments , his renewing thereof by new charters , oathes , excommunications , , , ● , , , , , , . , , , , , , , . the oath of a● . barons , and all others to them for the great charters , and the common lawes inviolable observation , and to force the king to keep them if violated , ▪ , , ▪ , , . his oath , and his nobles upon his soul , for his sisters marrying the emperor , to observe the mariage contract with him for his sisters portion , and the emperors , to marry her , , , , . his and his son edmunds oath to the pope to perform their articles , and payment of monies to him for sicily , . his , prince edwards and the barons oathes for observing the provisions of oxford ; two popes absolution of them from it , as forced , and derogatory to the crown , , , , , , , , , . lewes of france his oath to the barons , and the barons , londoners to him upon his coronation , . to king henry . when he departed england , . alexander king of scots his league , oath , and fealty to king h. . and penalty if violated , , . david prince of wales his charter , oath of homage , fealty to h. . and excommunication for violating it , notwithstanding the popes absolving him from it , , , , , , . of the emperor frederick to go to the holy land under pain of excommunication ; his excommunication for violating it , , , , ● . see frederick . the earl of britain his oath on the sacrament as christs very body , to k. h. . violated ; and his excommunication by the pope desired for it , who yet entertained him for his general , . upon the altar and st. edwards cossia by k. h. . yet not credited , by reason of former violations , . or prince david up in the bishops crosse , . resumption of crown-lands by the popes bull , notwithstanding an oath to ratifie them , , the barons oathes of homage and fealty to king h. . at ●i● coronation , . archbishops , bishops oathes of fealty to our kings due of right in england , ireland , france , before their temporalties restored , and at their coronations ; their obligations to maintain the rights and prerogatives of the crown thereby , which yet they often violated , charged upon them in several writs , , , , , , , , , . , , . , , . , , , , . infringed by suing or answering in ecclesiastical courts for lay fee belonging to the kings courts , , . fealty sworn by a proctor upon the archbishops soul by the kings grace , in case of sicknesse or inability to attend him in person , , , . oath of fealty to kings ought to be inviolably observed , , , , , ● , , . arthur executed as a traytor by king joha for violating it , . yet subjects were absolved from it by popes against their own doctrine , to serve their own ends , ● , , , , ▪ , , , ● see absolution , popes new oath of fealty , obedience , to visit his palace , keep his secrets , come to his synods , nor morgage nor alien their lands without his license , &c. imposed on the abbot of st. albans and other abbots , in a forcible , fraudulent manner , his grief for taking it , , , . oath by proxie in a●mam regis & domini , , , , , , , , , , , . oath , not to reveal an election violated , and thereupon a new election made , , , not to reveal the popes or legates secrets , , , , . of the bishop of belvoir taken in arms , never to beat arms more during his life , upon his enlargement , . of whores , and priests concubines in oxford never to return thither , or cohabit with them , upon their release , , . extorted by force , menaces , fear , reputed , declared void by popes , others , prohibited by canons , writs , , , , , , . , , , , ● , , , , , , , , . oath not to revive or prosecute the revival of the archbishoprick of st david● , prohibited by the pope as against the canons , ▪ oathes of canonical obedience , prohibited as dangerous , illegal , by councils , popes , such obedience to be only subscribed , not sworn unto , , . , , , . of the bishop of durbam to the archbishop of york by a writing signed with the crosse , without oath . prohibited in cases of tithes , . cautionary , de stando et parendo mandatis papae , or ecclesiae , against the antient law , custom of the realm , . , . yet extorted by force from kings , emperors , others interdicted , excommunicated by popes , ere absolved , , , , , , , . refused by the emperor till he knew the particular conditions required , , . of calumny , not enjoyned to any by antient canons , . first introduced by otto the popes legat , an . . against the law and custom of the realm , . cause of much perjury , and of no esteem by those who take it , ibid. no new oath can or ought to be imposed on the subjects , unlesse made , ratified by common consent in parliament , and the kings royal assent to it ; nor administred when made , but by commission in the act , or under the kings great seal . all oaths to the contrary , null , void , punishable , . , , . the fathers , ancient bishops , popes , councils , our lawes , very tender in case of oathes , to prevent perjurie , , , , . ecclesiastical persons , courts prohibited by our lawes and kings writs to administer oaths , in any cases , but only of matrimony and testament , , . , , , , , . oaths of inquiry , to answer articles , & de veritate dicenda in visitations , consistories by bishops , officials , deans , other officers , first introduced by bishop grosthead ; complained against by the nobles , people , memorable prohibitions against them by the king and his council , as against his crown , dignity , the lawes and custom of the realm , dangerous to mens souls , tending to perjury , the defamatiō of many , & causing discontent among the people , , , to , . . , , . , , ● . prohibited by pope innocent . his bull for bishops visitations , prescribed to be without oath or coaction , , . not used by boniface or any other archbishop or bishop from grosthead , till bonner introduced it under queen many , , to . . a custom confirmed by a private oath , not to install a prebend by proctor , against law and the kings prerogative , not binding , . bishops to take no oath but in cases of right faith , to purge themselves from accusations of heresie , . of parties , champions prohibited by our lawes , to prevent perjury , ibid. canons against clergymens being compelled to swear in any criminal , civil , or other cause ; much lesse in any slight cause , nor without the popes or bishops special license , . papists oath of professed fealty and obedience to the virgin mary , as their only soveraign lady , , . oath of purgation by clerks and ecclesiastical officers for suing against prohibitions , . . . of persons divorced not to cohabit , dispensed with , for mony by popes , . of ecclesiastical judges , proctors , . inquisitions upon oath by kings commissioners after tithes , goods of clerks violently taken away during insurrections , to . writs to the archbp of canterbury and others to excommunicate david prince of wales , the barons , others for breach of oathes , , , , . the prelates oathes at coventre to assist the king by all means they could , equivocally evaded , that they meant it only of spiritual ayde and counsil , not of monyes or arms , though principally intended , ● . the po●ctovines oathes by christs death , wounds , never to swear to the provisions of oxford , or deliver up the kings castles ; for which they were forced out of the realm , . prohibitions to ecclesiastical courts suing for breach of oath for temporal contracts that concern not marriage or testaments , which cannot give away the kings jurisdiction , no● transfer it to them , . . . . see prohibitions . oath before hand to elect such a person archbishop , held illegal by popes . . no clerks permitted to passe the sea by the kings writs , till they swore , to impetrate nothing from rome prejudicial to the king , kingdom , or sicily , . of popes legates ere admitted to enter england , to bring , act nothing to the prejudice of the king , kingdom , or church of england , the reason of it , . oaths in temporal courts to be judged by the canon law by canonists doctrine , . oaths of purgation , , . obedience to the pope in suffering for his unjust commands against kings , merits salvation , , . popes obeyed by bishops , clergymen , more then our kings , when their commands , interests came in competition , ibid. & , , , , , , , , , , , . append. . . . . see index . . . oblations of papists to the virgin mary , and her images , farr exceed the collyridians , , . obligations to popes merchants , usurers , their forme , and strange conditions put into them , renouncing all benefit of law , appeals , priviledges against them , or exception to any jurisdiction where ever they sued , seconded with oaths to that effect , ● , , , , , , . of abbots without their convents or kings consent , as patron , prohibited by kings writs , . . by popes bulls , without the popes consent , though for the king , , . of any abbots to the pope for advancing monies to the pope , , , . officials of archbishops , bishops , archdeacons : their vexatious citations , exactions , oathes to answer article● , and make inquiries against the lawes , custom of the realm , and excommunications to enforce them to take them , complained of ; prohibitions , writs of the king against them , , , , , , , to . , . appendix . theeves and plunderers , every where preying upon the people , lying in wait for the simple , encouraging the impious , oppressing innocents , rejoycing in worst times , exceeding glad when people have done ill , eating up the sins of the people in the tears of widdowes , nakednesse of o●phans , and oppressions of their subjects , , . prohibitions , other writs directed to them ; injuries , things done by , and matters concerning them ; , , , , , , , , , , , , , , , , , , . , , . , , , , , see prohibitions , and index . ordaltam ; or trial by fire and water , prohibited , appendix . orders consecrations of bishops , clerks , commanded by our kings and their writs to bishops , . see index . , . how many degrees of them in the church of rome . the virgin mary had the plenitude of power , dignity of every of them , and of the pope himself in a farr more eminent manner then any pope , prelates , priests , by their own assertions , , . how conferred , ibid. a sacrament in the church of rome , yet inconsistent with , and nulling their sacrament of marriage ; which yet is consistent with harlots , whoredoms , . see mariage . ordinaries excommunicating out of malice , writs to them , probate of wills before them , ● , . original sinne ; christs prerogative to be exempted from it , attributed by papists to the virgin mary , , . p. pall : not essential to an archbishop , archbishops of st. davids exercising archiepiscopal authority without a pall , after st. davids pall was carried to dole from thence by samson ; neglecting to fetch , or unable through poverty to purchase one from rome , . dole bishops using st. davids pall contemned the jurisdiction of the bishop of turon , ibid. richard archbishop of canterbury consecrated without it , . edmund had a pall sent him by the pope before his election , and said masse in it the day he was consecrated , , . walter gray of york obliged in l. for his pall in the court of rome , . papists , absurd blasphemous passages , errors , extravagances , perverting , changing scripture texts concerning the virgin mary , st. dominic● , francis , st. catharin of senis ; miraculous apparitions of christ ; saints seeing prayers in the looking-glasse of the trinity , popes supremacy , transubstantiation : see all these titles . more marians , then christians , . their declamations , passages against the unparalleld exectable ava●ice , ●apines , ambition , usurpation , symony , apostacy , oppression , injustice of the popes , court , cardinals , legates , popish prelates , clergy , monks , and their detestable apostacy from christ and st. peters doctrin , practise : see index , . throughout : and antichrist , rome , croysadoes , monks , popes , frederick index . part . paralitiques usually , not alwayes , live long , appendix , p. . pardons : popes pardons for eighty two thousand years for saying a short prayer at christs sepulcher in venice , tottes quoties , . for saying every ave mary in our ladies crown consisting of aves , dayes pardon of all sins ; and every holy mary in it , dayes pardon ; and for saying the whole crown of aves , and . pater-nosters , by several popes indulgences , two hundred seventy three thousand seven hundred fifty eight dayes of pardon : and by pope sixtus . his ●ull years pardon for every time any person in the state of grace shall say this prayer ; hayle most holy mary , mother of god , queen of heaven , gate of paradise , lady of the world , singular and pure ; thou art a virgin , thou hast conceived christ without sinne : thou hast brought forth the creator and saviour of the world in whom i doubt not . de●iver me from all evill , and pray for my sins , amen : bernardinus de busti , mariale , pars . sermo . pars . l. m. which should have come in p. . l. . after holy ghost ; but was omitted by the printer . for going or contributing to the holy land against the saracens , . to such who crossed themselves against king john when deposed by the pope , or contributed towards his conquest , . to such who fought against lew●s at lincoln , with a full assurance and reward of eternal life besides , . freer tekel his blasphemous passages concerning the power of popes pardons , . see mary . parliaments and great counc●ls of state , summoned by our kings john and henry , on several occasions ; the proceedings in them between the king , barons , prelates , popes , popes legates , foreign states , and concerning aydes , oppressions , grievances , confirmation of the great charter , and other particulars fully expressed in the precedent tables : at st. albans , . ebor. . st. edmunds , . ken●lworth , , . london , sondry times upon various occasions : . . . . . . . . . . . . . . . . . . . . . to . . . . . to . . to . . . . . . . . . . . . . . merton . see bastardy . northampton , . . . . . oxo● . . . . . . . to . to . , . reding , . westmiaster several times , . . ● . : . to . . . wnllingford , . winton . . see barons . quod omnis tangit ab omnibus debet approbari , . . the king refused to hear or answer the legates letters which concerned the publike , but with his prelates and nobles in parliament , , , , . passage ; exemption from the duties for it , . out of the realm made free by new clauses in the great charter to all , when formerly prohibited , without the kings license , specially to rome , , . of clerks to rome restrained , without taking a special oath , . see oath . of bishops , c●ucesignati , and others prohibited , , , . . see ●over and cinquepo●ts , index . patrons of churches : king john obliged all the right of patronage he had to churches in england , to make good his articles to the pope and exiled bishops , . patronage of the bishoprick of rochester granted by charter to the archbishop of canterbury and his successors , . prohibited to intrude clerks into benefices without authority of the diocesan , ( not antiently required ) . persons excommunicated who maliciously procure a jure patronatus to defraud true patrons of their right , . concerned in the popes demands of . prebends in every cathedral , and one or two monks allowances in every monastery , ● . deprived of their rights , suspended from presenting to their benefices by popes provisions and bulls ; complaints , letters against it to the pope , and some redresse therein as to lay patrons , , , , , ● , . the king , nobles , and others patrons of the. churches in england ; no tax , charge may or ought to be imposed on churches but by their assents and advise , , . a constitution concerning the right of patronage , and presentations to particular churches appendant to mannors , baronies of bishops and abbots , . when an indicavit and prohibition lies for them , , , , , , . st. paul ; equal to , stiled our beloved brother by st. peter , . disclaimed all dominion , lordship over others , , . v. mary illuminated more then he , . men go more easily to christ by st. dominick , then by him , joined with st. peter as his equal in king johns charter to pope innocent , but omitted in his oath of fealty , , , , , . the bp of london commits himself to his patronage , . peters fellow apostle , suffered both together under nero , . conjoyned in excommunications , as equal in authority , ( authoritate petri & pauli ) by popes and all our english prelates : and in popes bulls , , , , , . his and st. peters reliques kept together at rom , . pope innocent . prophanely swears by s. peter & s. paul joyntly . placed on the right hand of the crosse in the popes own bulls , and st. peter on the lef● ; in coequal power and glory with peter by the popes , cardinals resolution , . his direct texts against st. peters , popes pretended soveraign monarchical power , , , . see peter . the apostle of the gentiles and of our isle , epist . ded. admiralius murmelius his applause of his epistles , . peace , disturbers of it excommunicated , punished , , . see excommunication : banished , and not permitted to return , , , , , . , ● , , . arrested , imprisoned , , , , , , , , , , , . see arrests , setled for . years between christian princes by the pope , to relieve the holy land against saracens . his excommunication of those who refused to submit to it , . , . see more index . . popes agency in procuring peace between england and france , , . see h. . and truce . writs to the keepers of the peace to protect the persons , goods of ecclesiastical persons from violence , . see protections . bishops and clergymen have their lands , benefices to maintain peace , not war , . popes the grand disturbers of the peace of all christian empires , kingdoms . see index , . . king john , frederick , innocent . . and war. p●●●● : see barons , nobles , and index , , . to be tried by their peers in the kings courts , , , , , . penances popish enjoyned by legates , priests , . pensions of our kings to roman cardinals and popes officers , for better dispatch of their affairs in the court of rome , , . , . . . pe●j●ry , oaths prohibited in sundry cases by fathers , councils , canons , statutes to prevent it , , . breach of oaths upon civil contracts , not punishable in ecclesiastical courts , though submitted to by the parties , , . excommunications submitted to for it . see excommunications . persecution , oppression for kings , emperors to resume , demand their rights , lands , castles , usurped by popes or prelats , , , , , , to . st. peter , his own professed disclaimer , texts against his own since pretended soveraign monarchical ecclesiastical , temporal power , which pope , and their parasites ascribe to , and derive from him to themselves , the texts produced for , impertinent , subvert it , , , . was equal to , and had not the least monarchical or superintendent jurisdiction over the other apostles , ibid. not christs sole vicar , successor in his regal or sacerdotal offices , upon his ascention into heaven , , , . inferior to the virgin mary , left mistresse , chief comforter , instructer , governor of the apostles , church , yea lady , empres e of the world by christ , and successor in his soveraign kingly authority in his stead , by popish saints and doctors resolutions authorized by popes , , , , , , &c. sate first at antioch , and gave that church precedency if any , not rome , , , , , . no certain proof that ever he sate bishop at ●ome , the scripture story contradicts it , . placed on the left hand , and paul on the right hand of the crosse in popes bulls , . his forged wooden chair at rome lately consecrated with an annual festival , an. . to which popes infallibility is affixed , . neither christ nor peter ever made popes their sole vicars or successors , . he neither had nor claimed any temporalties , or temporal jurisdiction , much lesse over kings or kingdomes , , , , , . , , . christ persecuted in peter his vicar and kings , . popes succeed him not either in merit , or workes , usurp his office , are most unlike him , & so have not his power , . . , , , . , , , , to . , . , . most prophanely swear by st. peter , , . in king johns charters , though the surrender was joynt to god , st. peter and paul : yet the fealty ▪ for england and ireland , is done only to god and st. peter , without st. paul , and popes yet stile them and other their dominions st. peters patrimony , ( not gods , or st. pauls ) when as peter had neither silver nor gold , nor any earthly patrimony , nor yet st. paul , , , , , , , , . . popes temporalties are st. peters spiritual patrimony , . the annual rent for england not granted to god , st. peter , paul , or popes , but to the roman church , . england denyed by the french ever to have been , be , or shall be st. peters patrimony , . popes stile themselves peters successors , vicars , yea st. peter , . . sardinia stiled st. popes spiritual patrimony by popes , , . , . . peters pallace s petri limina , , . abbots , bishops take an oath of fealty to st. peter , to preserve st. peters royalties , to wit popes own , not peters , . the foundations of st. peters and popes vniversal monarchy , vicarship , overturned by popes principles , practises , authorized devotions , and articles of their roman faith , , , , &c. , , , , , &c. , . his sword , keyes , power to binde and loose claimed by popes in their excommunications of the emperor , and his name cephas , , . prayers used only for his delivery out of prison , which popes neglected , not soldiers or croysadoes , . the care of the church only belonged to him , not the dominion or property , which christ reserved to himself : not what he or popes exact on earth , is bound in heaven , . christ and he menaced , bent their bow against the pope and church of rome , . the pope challengeth his power to binde , loose , depose emperors , as delegated to him and his successors of rome , against christs and st. peters expresse doctrine , , . st. peters net was to catch and bring souls to heaven , to promote the salvation , peace and happinesse of the world , not to catch money , lands or crowns by war , rapines , . forsook all for christ , . the pope must be presumed to do nothing ( though never so bad ) but what christ and st. peter would have done , whose vicar , successor he is , . see paul. peter-pence , granted by ina and offa to the english school at rome , not st. peter , called peter-pence because payable on st. peters day , not to peter or popes ; , . excepted in king johns charter , demanded by popes ; , , . , . . . granted to st. albans abby by king off , confirmed by popes bulls since , . abrogated , pictures of christ and the virgin mary . see christ , mary , , , . pilgrimages to the virgin maries images in sundry places , to pray , offer to them , , . pledges , , , . see baile . plague chased away at rome by the virgin maries picture , carryed in procession : she the papists chief protector from , and spell against it , . a great one in wales , . the bishop of london died thereof , . and monks , . pluralities ; canons , councils , oaths against them ; their scandal , mischiefs , inconvenience to the church and peoples soul , proceeding from covetousnesse , quite opposite to the apostles institution of many bishops , ministers in one church , not one over many , ● , , , , , , , , , , . yet connived at , dispensed with for money by popes against their own constitutions , to gratifie noblemens sonnes avarice , kings chaplains , whose interest was preferred before the peoples souls , . , , , , , , , , , , , , , , , , , , . bestowed on alexander cementarius by king john for defending his right against the pope ; who deprived him of all , and reduced him to beggery , , . the archbp of yorks election vacated by the pope , because he had a plurality of benefices , , . the bp of winchesters nulled by the archbishop of canterbury , because a pluralist , , . cause of gods wrath , plagues upon the realms , . pontagium , exemption from it , . poor ; hospitals exempted from dismes to the holy land , , , . poor bishops in wales relieved else . where , the bishopricks being wasted with wars , , . excused from going to general councils upon popes summons , . poor people feasted by king henry , at westminster at st. edwards feast , . have no audience at rome with the pope or his officers for want of money , , . popes : their transcendent pretended , asserted soveraign jurisdiction and universal monarchy in spirituals , temporals , over all councils , patriarchs . emperors , kings , kingdomes , nations in the world , whether christian or pagan , , , , . their pretended titles to all christian empires , kingdoms , countries , and the indies , . , . their antichristian , treasonable practises in excommunicating , interdicting , deposing king john , otho . frederick . conrade , manfred , and others , absolving all their subjects from their oaths , homage , obedience to them , stirring them up to rebell , take up arms , croysadoes , against them , exciting all christian princes to invade , depose them , giving their kingdomes to others , to enslave them to the see of rome as their vassals ▪ tributaries , only for opposing their injurious usurpations upon the undoubted antient rights of their crowns , kingdoms , against all lawes of god , nature , nations , the expresse precepts , practise of st. peter , st. paul , and christ himself , whose vicars , successors they falsly stile themselves , , to ▪ , . , . . , , ▪ , , . , , . . , , see index , , , . part . their intollerable incroachments upon the kings prerogatives , and subjects properties by depriving them of their rights of electing archbishops , bishops , abbots , priors , of presentation to benefices , prebends , by nulling legal elections , by provisions , commendaes , and other papal innovations ; see elections , commendaes , provisions , non-obstantes , & index , ▪ their intollerable detestable ambition , avarice , bribery , oppressions , rapines , injustice , symony , tyranny , dispen●ations , bulls , non-obstantes , hypocrisie , fraud , malice , impiety , scandalous unchristian , antichristian practices , rendring them execrable to god ▪ and all good men ; . . ▪ . . . . ● . . . ● . . . . . . . . ● . to . . . . . . . . . . . . . . ● . ▪ . to . . . . to . ● . . . . see index . . . thoughout ▪ croysadoes , rome . their execrable idolatry , blasphemous assertions , practises , adorations , invocations of the virgin mary , other saints , hostiaes . their lying legends , miracles grosse errours , corruptions in religion : interdicting , suspending gods publike worship for sundry years , at their papal pleasures . their purging the . commandement out of the decalogue , willfull corrupting , depraving of scripture texts in their authorized psalters , hours , offices , rosaries , letanies , mariales of the virgin mary ▪ see adoration , advocate , mary , miracles , prayer to saints , transubstantiation , images , idolatry , rome , and roman church . they are neither christs , nor st. peters real successors , vicars , or sole universal vicars ; they no wayes imitate , but contradict their doctrine , precepts , examples : see christ , peter , paul , rome . their supremacy , monarchy , vicarship , wrested scriptures , foundations whereon it is built , clearly refuted , subverted by scripture , their own papal practises , positions , doctrines concerning the virgin mary , and teansubstantiation , to . see mary , peter , transubstantiation . their protections of the persons , estates of all that are crossed , or do homage to them , . to . . . . ● . . their canonizing of saints for blasphemy , treason , rebellion against emperors , kings , and opposing their soveraign authority , , , . see ca●●aization . their pretended plenitude of apostolical power , is only for the churches edification , not oppression , or invasion of the rights , crowns of the emperor , kings , or other bishops , , . appealed against , yea summoned before christs tribunal for their tyranny , injustice , corruption , by grosthead , se vald , the church of christ : , , see grosthead , sewald , church , appeals , innocent , . their absurd impious pardons , indulgences of sinnes for many thousand dayes , yeares . see indulgences , pardons . their detestable practises in making canons against several corruptions , onely to get money for dispensations . see commendaes , exemptions , dispensations , marriage , pluralities . in nulling , vacating all their own grants , bulls , exemptions , priviledges purchased at dear ●ates , by new bulls and non-obstantes : see non-obstante . in holding themselves bound by no laws , oaths , bulls , sentences whatsoever ; and unaccountable to emperours , kings , councils , or any mortals , for any crimes or offences whatsoever , though tending to the churches , souls , and religions ruine , , . in dispensing with , nulling all others oathes , charters , contracts for filthy luchre : see absolution , oathes . their papal authority neglected , excommunications , bulls contemned by their own cardinals , the emin●ntest holiest bishops , as well as by kings , emperours , nobles , others , ▪ see excommunications , ba●ons , antichristian , severed from as such : see antichrist , greek church . their power in temporal things opposed , denyed , , , , . , , . see peter . their detestable insolence , ingratitude towards emperours , kings , who endowed them with possessions , a resolution to resume them , to reduce them to the piety , humility of apostolical bishops in the primitive church , to cure their corruptions and rebellions against them , . to ● . . . they no wayes considered the hand of god upon them in being made fugitives like cain : , . see more of them , index . . . . frederick , henry . king john ; barons , paul , peter ; index . grostbead , and sewald ; absolutions , excommunication , interdicts , rome , sicily . prayers , to be made to god onely , not saints or angels , , to . onely heard , not seen in the looking-glass of the trinity , , . publick prayers appointed by and for our kings and kingdoms , upon emergent occasions : . . . . . kings ought to have not onely prayers from monks , but money too ; but if they exact any mony from them they lose their prayers : . devout and humble prayers , the sword wherewith bishops and clergy-men ought to fight : . saint peters weapons to rescue him out of prison , but not popes who little regard them : . pope alexander . his hypocrisie in desiring all to pray for him : . . see index . preaching , of croysadoes by preaching freers and popes agents to pick mens purses , destroy , undermine christians ; more used , practised by popes , than preaching of christ crucified to save mens souls ; against christs command to peter , mat . . . . . see croylad●●s , monks . all summoned to hear the crosse preached under pain of excommunication , but not other sermons : . preaching freers , how they begin , conclude their sermons : ● . diligent preaching of gods word , the principal duty of bishops , ministers ; kings duty to encourage them in their faithful discharge , and punish them for their neglect thereof : . . . . the principal means of converting men to god : . the first thing to be done in all visitations : . faith perished for want of preaching and preachers by popes confession : . who yet suppressed it for six whole years and more ; and their masse too throughout england during the interdict , to the irre airable l●●●● of the church and mens souls : . . much neglectdd by popes and most of our popish archbishops , bishops , who were greater excommunicators and souldiers than preachers of gods word , . . . . . . . . . . . the damnablenesse , greatnesse of their sinne therein , set out by bishop grosthead , the onely diligent , constant , frequent preacher to the people then read of : . . . . . . preaching freers turning courtiers , princes counsellours , cast off their freers weeds and preaching too : . clergy-mens greedinesse of pluralities of livings , but neglect of preaching , and peoples souls , the grand cause of gods wrath and judgement upon this kingdom : . . cardinal s●bine , the popes legate preached often to the people , to palliate all things under the shew of holinesse : . prebends , constituted by the virgin mary , but conferred by bishops : . our kings present to them during vacancies of bishopricks ; contests about them , and popes provisions to them : . . . ● . . . . no assise of darra●gn presentment lyes of them : . pluralities , commendaes of them granted to popes legates , italians , others : . belonging to deaneries : . claimed by the archbishop during bishops vacancies : . of st. martins and other churches see index . provisions . precedency of bishops , archbishops ▪ ordered by our kings . . . . contests for i between our arch bishops . . of the abbot of saint albans before all other abbots : . appendix . praemunire incurred : . . praerogative ecclesiastical of the kings of england , in what particulars it principally consists : . . . . . his , and his crowns unsubjection to the pope , or any other person , power , but immediately to god , as his chief vicar , viceroy within the realm , having the supreme care of the church , ibid. & . . . . . . . . . . . . . . . . his praerogative in the election , translation , union , division of churches , bishopricks ; election , confirmation , refusal of abbots and bishops when elected ; in punishing them , and all sorts of clerks , and religious persons for their offences : see abbots , bishopricks , bishops , clerks , arrests , elections , prohibition , and index . . . . his prerogative over the advo●sons , temporalties of abbyes , bishopricks during their vacancies , or when seised for contempts . see advowsons , presentations , prohibitions , free-chappels , churches , vacancies . woods . in prohibiting alienations in mortmain of bishops lands , abbots , covents bonds , to bring their houses in debt ; in hindering appeals , citations to popes , at rome : popes bulls , legates agents sent from rome , issuing prohibitions to them , restraining their extortions , procurations , provisions , corruptions . see alienations , appeals , citations , popes , prohibitions , and index . . ● . . . throughout . in restraining all encroachments on their crowns , jurisdictions , laws , subjects liberties , consciences , by popes , their legates , nuncioes , ecclesiastical courts , officers , persons , and their extravagant excommunications , interdicts , proceedings , constitutions ; in calling , prohibiting , proroging , dissolving councils , convocations , parliaments , and making , confirming , nulling ecclesiastical lawes and canons . see canons , councils , excommunications , oaths , parliaments , prohibitions . in summoning armies , navies , granting protections , safe-conducts ; demanding pledges from persons suspected , prohibiting marriages of tenants of castles ; in sei●ing , demolishing , licensing the building of castles , in wardships , whales : see all these respective titles . in commanding the clergy to officiate during interdicts , sesing their livings if they obey such interdicts , . . their great vigilance , care , zeal in defending the rights , prerogatives of their crowns , against all papal , prelatical , and other encroachments on them , according to their oath , which they neither would , could nor ought to suffer , expressed in several memorable letters , prohibitions , writs , and other records ; the kings irrevocable resolution to defend them in all courts , worthy observation : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , to . . . . . . appendix . . saved with a salvo jure , &c in appeals , and other writings . see salvo . praescription ; none against the popes or clergies pretended priviledges and exemptions : . what required in it by the canon-law , . praesentations to churches : see ad●owsons , patrons , provisions , vacations , . . . priests , popish , their office to make christs body : . . not to be forced to take an oath : . cannot be degraded by the temporal judge , but by the bishop , . . see more clerk , concubines , canons , protections . prisoners , of war released on both parts upon peace concluded : . murdered in castles , . . not to go out of the realm , or wander abroad : . prisons , one or two for every bishop by their constitutions to keep criminal clergy men in : see . . . clerks incorrigible deserving death , to be perpetually imprisoned in them : . the king hath no prison for th●se he cannot judge : . see arrest , clerks . priviledges granted by king● charters , and popes bulls , nulled by popes non obstantees : see non obstante . lost , forfeited by the ●bus● : . . of london , other cities , and the cinqueports in respect of suits : . of the cistertians , hospitallers , templars : see those titles . of religious persons , and st. albans : ● . . appendix , to . see index . procession , with the virgin maries picture to drive away the plague in rome : . dating the interdict to receive the popes legate : a● a council held at pauls by the pope legate , o● king henry . his nobles , prelates from pauls to vestminster with a vi●l of christs pretended blood brought from jerusalem , in honour and adoration of that relique : . . procession of the lond●ners , and the p●●ishioners of st. margarets to it , by writs from the king : . of the papists con●ecrated host : . . to bovibiles asse to adore it : proctors sent by abbots , bishops to councils with procutations , to excuse their absence through age or sickness : . ● . ● . of our kings to rome , frince , councils , elsewhere , upon sundry occasions , with their respective patents or procurations : . . . . . . . . . . ● . ● . . . . . . . . . . . , to . . . . see index . of the clergy in general to rome ▪ o● abbots and others to the pope upon their occasions : . . . installments by proctor : . . oath of fealty by proctor to the king for archbishops : ● . marriage by a proctor : , to . procurations exacted by popes legates , agents : . . . . . . . . . denyed them : . . . none to archdeacons : . of bishops , demanded in visitations opposed : moderate only to be taken by archbishops , bishops in their visitations : . . . . . . see visitations . prohibitions , sent by our kings , their council , courts , judges , to archbishops , bishops , archdeacons , officials , and other ecclefiastical persons . against admitting clerks to benefices , prebendaries till the title tryed in the kings courts : . . . . . against holding plea of advowsons of chappels , churches , prebendaries ; or determining the rights of patronages to churches , prebendaries , chappels in ecclesiastical courts , or before popes delegates , . . . . . . . . . . . . . appendix . against alienations of lands in capite , in mortmain or otherwise : . against granting administrations of in estates goods , debters or accomptants to the king , ti●l the kings debts satisfied : . against appeal● to popes or any other in cases of certificates of bastardy to the kings courts , or trying bastaerily in spiritual courts ▪ their canons crossing the common-law therein : . . . against abbots o● covents borrowing , or others lending them moneys upon bond without their joynt consents and the kings , where patron . ▪ ● . against archbishops consecrating bishops e●ect , not approved of by the king after their elections : . . . . . against their holding and meeting in convocations , councils or acting , doing any thing in them prejudicial to the king or king●o● : . . . . . . against bakers imprinting the sign of the crosse , agnus dei , or name of jesvs on sal●-bread : ● . against bishops and other their office●s citing lay persons to make inquisitions , presentments , or give testimony upon oath , or excommunicating them for not taking oaths in any case , except in matters of matrimony and testament , being against the kings prerogative , law , custome of the realm , hurtful to their peoples fames , souls , occasion of perjury and discontent : . . . . . , to . . . . . . . . . . against their holding plea of any chattels o● goods which concerned not marriage or testament , ibid. and . . . . . . . . . or of goods testamentory , for which there is a suit in the kings exchequer , . . against their citing , questioning , excommunicating or interdicting any of the kings barons , baylifts , judges , officers , sheriffs , for executing the kings writs , or m●sdeme●nours in the execution of t●e●r offices ; or any of his tenants in capite , or of his demesne land , cities , castles , without his special license , or his lieutenants being against the kings prerogative , government , and right of the crown ; with commands to absolve them from their excommunications , . . . . . , to . . . . . . . . . . ▪ . . . . . . against holding plea of a●y lay f●● in ecclesiastical courts , or before popes delegates , . . . . . . . . . . . . . . . . ● . . . . . . , to . . . appendix . . against archbishops and bishops inhibitions for any to sell victuals or other necessaries to jewes , and their excommunications of , or suits against them , . . . . . . see jews . against archbishops , bishops , covents , others presenting to livings , or prebends belonging to the king during vacancies , . . . against erecting a new church of canons to the prejudice of the crown , or carrying any stones or timber towards it , or working in it , . . against entring into , or detaining bishops lands alienated or morgaged against their wills , . . against disturbing the possessions of the kings clerks presented by him to benefices or prebends , or judgements in his courts by any processe ou● of ecclesiastical courts , or from the pope or his delegates , . . . . . . . . against suits in ecclesiastical courts pro laesione fidei or breach of oaths in civl contracts , . ● . . . . see before lay f●● . against suing there for lands devised by custome , or actions of debt devised by the testatcur , . . against ordinaries malicious excommunications , or arresting , imprisoning persons maliciously , or unjustly excommunicated by them , or for bringing prohibitions , to prevent them , . . . ● . . . . . see excommunication . to deans , chapters , canons , convents not to elect bishops , abbots , priors in england , ireland , normandy , without the kings precedent license to elect . . . . . . . . see elections : and index . . not to elect particular persons bishops because enemies or unfit , or for the kings dishonour , . . . appendix . see elections , enemies , and index . . against archdeacons , and others extortions , procurations , fees in visitations , or courts , . . . . against archbishops , bishops , or other ecclesiastical persons encroachments , usurpations of new jurisdiction , to the prejudice of the kings rights or subjects liberties , . . . . . . . . . . . . , to . . . . . . . , to . . . . . against archbishops , bishops , and others excommunicating , interdicting , exercising any jurisdiction , levying dismes , or visiting any of the kings free-chappels , chauntries , hospitals , . . . . . . . . . . ● . . . . see free-chappels . against levying the rents of vacant bishopricks by the archbishops officers , belonging to the king by the rolls of the exchequer , . against the bishop of durhams issuing out new writs , or exercising new jurisdiction in his temporal courts , not used by his predecessors ; and of sheriffs in their county courts , . . against appeals to rome without the kings special license , . . against the bringing of any bulls , letters from , or sending any letters to the pope or court of rome prejudicial to the king or realm , . . . . . . . . see dover . against citing or drawing the kings subjects for any suits to rome , or out of the realm , by the pope , his delegates , or others , . . . . . . . . . . . . . . against collecting any ayde , disme , or money for the pope or others , by the popes authority , without the kings special license and consent , by popes nuncioes , legates , bishops , or any others , . . . . . . . . . . see aydes . to popes delegates , not to hold plea before them by the popes authority in several cases , . . . . . . . . . . . . . . . . . . to . . . . . . against popes provisions to benefices , prebendaries , &c. belonging to the kings presentation in right of his crown , or by his prerogative in vacant bishopricks , monasteries , wardships ; or to his free-chappels , or churches impropriated , . . . . . . . . . . . . . . . against clerks and others going to rome , without taking a special oath to procure nothing to the kings or kingdoms damage , . against popes legates or agents coming into the realm unlesse sent for , and taking an oath to do or bring nothing to the prejudice of the king , kingdom , or church , . . . . . . . see index . against receiving or assisting a bishop or archbishop made by the popes provision , . . . against permitting a popes legate to exercise any jurisdiction , but only to collect dismes , and absolve persons for laying violent hands on priests , . against collecting the first-fruits of laymens benefices , granted by the pope to archbishop boniface , . against popes and their delegates sequestration of the temporalties , goods and profits of monasteries , . . against sheriffs , goalers detaining clerks in prison after demand by their ordinaries , . . . . . against womens marriages who h●ld castles or lands in capite , without the kings license , . against the crucesignati , or others going over-sea out of the realm without the kings special license , . . . . . against offering violence to the goods or persons of clerks , churches or churchyards , . . . against ayding or assisting those who detain the kings castles from him , . . against monks selling leather , wool , or using merchandice , . . not to distrain a bishop for debts after his resignation , . not to disturbe the liberties of the city and citizens of york by ecclesiastical suits or censures , to the dean and chapter , . . nor of newcastle , . . against removing monies of delinquents and aliens out of monasteries , . against offering violence to jews or their goods , . . against noblemens siding with bishops in their quarrels , . against holding markets or fairs in times of war , or other special fairs , . . against suits between persons for tithes , when the patron may be prejudiced , . . see indicavit . or for the money of tithes sold , . untill it be discussed by the king and counsil , whether the right belongs to the king ; or whether the cause belongs to the kings , or the ecclesiastical court , . . . . . . . against examining things in the ecclesiastical court , that have been judged in the kings courts , in cases of presentations to churches , and the like , . . . . . for the king , where the party is bound by admitting the jurisdiction , . . . . . . . . to what judges delegates or subdelegates they are to be directed , . . . judge bractons learned treatise of prohibitions , , to . relief by them against popes usurers renounced , conditions in their bonds , . complaints and constitutions of the clergy against granting prohibitions , to curb their usurpations on the crown , and peoples liberties : their excommunicating , interdicting those who sued for , or granted them , , to . attachments awarded against bishops , archdeacons , officials , popes delegates , others , for contempts in proceeding against them , . . . . . . . . . . . . . . . . . . . . . . . . . appendix . . . . prohibitions of the pope contemned by the archbishops , bishops and clergy of apulia , in crowning , obeying manfred for their king , . prophecies false , treasonable , suborned to affright king john , . . protections , against violence , injustice , suits , granted by our kings to some persons , their estates , churches , . . ● . . . . . . . . of popes to kings , persons crossed for their wars , . to . . . . . of persons appealing , to the pope , . ● . provisions , by popes to bishopricks , ecclesiastical benefices , prebendaries , first introduced by pope innocent ▪ and his legate nicholas , . . . . . . . his first provisions to the bishoprick of st. davids , and archbishoprick of ardmach , strenuously opposed , nulled by king john and archbishop hubert , . . . to . . . complaints , letters , maledictions , exclamations , execrations , oppositions of king henry . the nobles , abbots , bishops , and commonalty of england against them and provisors , ( for the most part romans , italians ) who neither knew nor ever saw their flocks , kept no hospitality , let their houses , churches fall , exhausted the treasure of the realm , and succeeded one after another ; their grosse injuries , abuses : popes answers , bulls , qualifications of them upon complaint , with a seeming , but no real redresse of the grievance , . . . . . . . . . . . . . . . . . . . . . . . . . . to . . . . . . . . . . . to . . . . . . patrons suspended from presenting to their livings by popes bulls , till they had disposed of how many they pleased to romans and italians ; reserved by the pope only out of three diocesses ; exclamations against them , . . . . . . . . prohibited by the kings writs to churches , prebendaries whereof he was patron , and ought to present by his prerogative ; and to free-chappels , . . . . . . . . see prohibitions , free-chappels . the first direct provision to the archbishoprick of canterbury , without any election of the monks , was by the kings and suffragans recommendation of richard to the pope , . . . which made way for the pope himself upon his death , to null . successive elections of the monks approved by the king , and obtrude edmund without election by his own provision , . . . . the kings assent to some provisions at the popes request , & of his own chaplains , though odious , . . . . inquisitions after the number , values , granters of them , by the kings writs to bishops and sheriff● , . . a priviledge to the bishop of lincoln , that he should be bound to provide for none , unlesse special mention was made of his priviledge , and by his consent , . . . opposed stoutly by the canons of lyons in france , . and french king , nobles , . . . granted by the former pope , controlled by the cardinals during the vacancy of the papacy , . . granted by popes in foreign parts , . . the popes delusory priviledge granted to king h . not to grant any provisions to italians within his realm , or to cardinals nephews , unlesse he or his cardinals earnestly desired the king to be pleased to assent thereto , . . those abbots , bishops who opposed them , cited to rome , excommunicated by the pope , . . bishop grosthead hated the popes provisions to dishonest italians as poyson , saying , he should play the devil if he delivered the custody of souls to such ; rejecting and often throwing away such papal bulls with contempt , . . . . pope innocent . his bull for a provision to an italian , to the abbot of st. albans , . . . his bull to the abbot of st. albans for moderating and taking them away , after many complaints ; and impowering the abbot to tear his letters , bulls without punishment which contradicted it ; yet nulled by his nonobstantes , . . . his bull and priviledge against provisions to the abbot of st. augustines of canterbury , . . the popes provisions to aliens in england , amounted to above sixty thousand marks a year , , . the multitude of popes provisions●ne ●ne of the chief occasions of the difference , wars between king h and his barons , their complaint to the legate against them , robert kylwarby , promoted by the pope to canterbury by way of provision , though afterwards elected proforma by the monks , . . a provisor resigning his provision out of conscience , is confirmed therein by the patron , appendix . purgation , and compu●gators , of ecclesiastical judges , upon attachments on prohibitions , . . of clerks ; see clerks , oath . purgatory , the virgin maries power over , mercy in it , and hell too , . . st. patricks in ireland , . purification of priests concubines , denyed after child-birth , . none of women in churches interdicted , appendix . purveyance upon bishops and clergymen at the kings price , for carriages and victuals , complained of as against their liberties , . pyrates beheaded , . excommunicated , . q. queen , imprisoned for adultery , and the adulterers put to death , . . dower retrenched , resumed , . . quo warranto , against clergymens usurped liberties ; their canons against it , . r. religion ▪ the chief care to defend , promote the true , suppresse the false , and all errors , sins , corruptions contrary to it , belongs to kings , . . . see kings . the christian commended by a m●hometan , . scandalized , defamed by the scandalous practises , corruptions of popes , the court , legates , agents of rome , prelates and clergymen : see rome , bishops , croysadoes ; and index . . . reliques , bodies of saints translated by our kings writs from one place to another , , , . see blood. renuntiation of the kings temporal courts jurisdiction by the party voyd against the king , punishable , . residence of bishops , clergymen necessary , enjoyned by our kings writs , and bishops own canons , ● . . . . . . . see non-residence . resignation , of an archdeaconry in wales to the archbishop of canterbury , . of archbishopricks , bishopricks by our bishops to the pope , . . . appendix . to the king and archbishop , . . . of the bishop of durham , reserving three mannors during ●●te , . . . . . of a popes provisor out of conscience , appendix . the abbot of st. albans moved to resign his abby to the pope , ●f●sed it , . of k. johns crown , regalia , kingdoms to the popes legate ; the manner of it , . . . . . voyd in law : see charter of king john. of an abbot , of his pastoral staff to the bishop , appendix . restitution of the archbishops and exiled bishops temporalties , damages : see damages ; & index . o● bishops temporalties by kings writs , when confirmed , consecrated by his royal assent ; or seised for contempts , . . . . . . . . . see index . of wales by david prince thereof to the pope , of monies collected by popes from those who took up the crosse , though a peace were presently concluded , never made by popes of their agents , . . though pope alexander . declared , sins were never remitted unlesse rapines were restored , in his letter to king h. . p . of lands and goods to such abbots and clergymen , by the kings writs , who officiated during the interdict , upon his writs to them , . . of our kings lands in france demanded , but denyed by the french , . . resumptions of crown and publick lands by our own and other kings , emperors , states , by vertue of their coronation oaths , notwithstanding any subsequent oaths , lawfull , necess●●y , put in practice , ● . ● . to . . . . . . . from popes , prelates , abbots , clergymen abusing them , . . . . of bishops alienations and mortgates , . . . resurrection , doubted by king john , as morks relate , . ring , bishops invested by it , . . used in e●pousals and marriages of princes , . used by bishops and abbots with their pontificalia , appendix . robbers , theeves and their harbourers excommunicated , . . . rome , and roman court , its corruptions , . . see index . part . s. sacha , exemption from it , . sacraments , ordered to be duly administred by kings , though not by them , . . not to be sold , nor ●ught belonging to them , . . see baptisme , marri●ge , orders . of confession , sacriledge , all guilty of it publickly excommunicated four times a year , by our bishops constitutions , . . . to invade or disturbe the rights of the church or clergy , or distrain their goods , . . . . to burn and spoyle a church , how civilly punished by the king , , , , , . s●fe conduct , of our kings to popes legates , exiled bishops , and others . . . . . . . . . . see protections . saints invocation , adoration , mediation in the church of rome , idolatry , worse then that of the colly●idians , paga●● , . to . their seeing , not hearing prayers in the looking glasse of the trinity , a most sottish paradox , , . salve reginae mater , god save you , &c. and other salves of romanists to the virgin mary ; direct prayers to god to save her , as if not already saved ; as their salvum me sac , salva me , to her to save them , assure us , , , . salva in omnibus apostolicae sedis authoritate , in popes bulls , appendix . salvis nobis & haeredibus nostris justitiis , libertatibus , & regalibus nostris , in king johns charter to the pope , nulled the whole charter , , , . salvo honore dei & ecclesiae , in bishops oath to our kings , a subverting and clear evasion of their oaths , . salvo jure & dignitate nostra , & haeredum nostrorum , inserted in our kings writs , patents , appeals to rome , and transactions with popes , , , , . sanctuaries ; every church , church-yard , chappel made a sanctuary for malefactors persons , goods , by popes , popish prelates ; the kings officers excommunicated for taking malefactors out of them , and king forced to restore them by excommunications , interdicts , , , , , , , . sathan , the emperor frederick . delivered to him by the pope in his anathema , who yet prevailed against him , his legates , prelates , ▪ . schism , between the greek and roman church , , . of popes , examinable by christian emperors , kings , , , . of cardinals , popes ; see index , , . between archbishops , bishops , deans , chapters , abbots , covent ; see index , , , , . between others , . schoolmasters , to pay nothing for licenses , . forced to residence on their livings by grosthead , but dispensed with by the pope for money , . scot , exemption from it , . scotals of sheriffs , ▪ scriptures ; see index . seal of gold , of king john to his detestable charter , , , . see charter . of edmund king of sicily , . king h. ▪ used the popes , legates , bishop of winchesters , and earl marshals seals at first , before his own great seal made , , . the great charter confirmed with the kings great seal : see charter . of the master of the temple and sundry bishops , a●●esting the truth of the viol of christs blood years after , , . seal of the city of london set to the barons and commons letter to the pope , . gold seal of the emperor frederick , and its inscription , . of king h. . earl richard , and all the bishops to a writing , that otto the popes legates stay in england was necessary , . of some bishops , abbots , in behalf of archbishop boniface elect to the pope , though unworthy , , . of the king of scots and . of his nobles , to his charter of league with king h. . p. . of all the bishops of england to the transcript of king johns charter , sent to them by pope innocent . after its burning , to corroborate it , , . of the prior and monks of durham , to their election of the dean of sarum , . no seals to antient kings charters , appendix . a new forged seal to st. augustines charter , of lead , ibid. of lead to popes bulls , , , . chancellors and keepers of the kings great seal , . see index . blanks sealed with king h. . his great seal , prince edwards , and edmunds , sent to the kings agents at rome to insert what they thought fit , . blanks sealed by popes to their nuncioes , , . a grant under the great seal whiles the king and it was under the power of the earl of leycester , revoked , . of the bishop , dean and chapter of st. asaph , , . of the nobles to their letter to the pope , . secular arme , ▪ . sedition , stirred up by pope gregory . and innocent . against frederick . and by him and the romans against them , , . see index , . & frederick . index of brancalco and the romans against the pope and cardinals , appendix . of the bishop of winton and poictovins against the english : see aliens . in london , a proclamation to prevent it , . against the roman clerks , , . against the popes legate , , , . of the citizens of norwich , against the prior and monks , , , . of the barons : see barons . writs to prevent it , . senators of rome , . appendix . sequestrations and suspensions of bishops , abbots and clerks livings by the king , for obeying the popes interdict , , . ab officio & beneficio , by the popes authority ; for obeying and adhering to the king , receiving benefices from him during the interdict and his excommunication , , . of the archbishop and others who refused to publish the popes excommunication against the barons , or officiated to them , , , , . by the archbishop of york , against the archdeacon of richmond and some of his clerks , , . an excommunication denounced against such who violate a bishops sequestration of vacant churches , . of clerks livings indebted or accountant to the king , by his writs , , , . for first-fruits to the archbishop , a prohibition against it , , . by popes legates , . of temporal goods of a priory by the pope , prohibited by the king as against his prerogative , , . of the impropriations of the bishop of carlisle , during the vacancy of the bishoprick of durham , and kings writs concerning it , , . of goods of intestate persons , or pretended to dye intestate , by the popes agents , , . of intestates goods by bishops , . of bishops adhering to , and encouraging the barons in their wars , ab officio & beneficio , , , . appealed against , ibid. & . sheriffs exactions enquired after , prohibited , punished , ● . writs to them not to suffer any layman or woman to appear before bishops or their officials , to take any oath , or make any inquisitions , unlesse only in cases of matrimony and testament , , , , . complaints , constitutions , interdicts , excommunications of bishops , officials , clergymen against them , for distraining their and their tenants goods , arresting their persons in criminal and civil causes , executing the kings writs , mandates upon them , in high affront of his royal authority , crown , government ; for not taking , but conniving at , conversing with , and releasing persons excommunicated by them ; and writs enjoyning them to absolve them , , , , , , , , , , , , , , , , , , , , , to . see bayliffs . sheriffs setled in ireland by king john , . writs to all sheriffs to proclaim the kings resolution to do equal justice to great and small , observe the great charter , and apprehend such as should oppose them in their office , , . see arrests , inquisitions , vi laica removenda . ships , summoned by writ against foreign enemies , , . of the french navy taken , burnt by the english , , . provided by the king for voyages beyond sea , , , . for the holy land , , , . of legates , how built , furnished , , . shire-court , socha , exemption from them , . souldiers , imployed to eject monks , , , . to demand hostages of barons , . their plunders of clerks and others in time of war , , , , , to . stallagium , exemption from it , . suite of court , clergymens complaints of , and constitutions against being forced to it , , , , , , . summagium , exemption from it , . supersedeas , . superstition , to be suppressed by kings , , . surplesse , . symony , reputed no sin in popes , or at rome , . their detestable symonies of several kinds , , , , , , , , , , , , , , . prohibited in any kinde , . , . it infects most nunneries , monasteries , in taking ●ony for admitting 〈◊〉 ▪ the archbishops provision against it , . a bishop deprived for it , . t. tallage , exemption from it to a nunnery , imposed by archbishop boniface on the clergy and people of his province , . tapers , candles effcted to the virgin mary on candl●m●sse day , . burning tapers used in popish processions , ▪ in excommunications . see excommunications . taxations of churches ●t full improved values in disms for the pope , king and holy land , , , , , , ● , . ta●●s : imposers of unusual ones on the clergy excommunicated by them , and their canon● , held null , though for necessary defence of the realm and church , unlesse confirmed by the pope , . . , ▪ , , . a writ for 〈◊〉 richard to tax the kings tenants towards his journey to rome . see ay●●es . t● d●um : the papists new bl 〈◊〉 ous one to the virgin mary , sung after ●●e election of archbishops , , , . at the release of the interdict , ● tempest● : deliverance from them by invocating the virgin m●●y , ● . predicted ▪ a terrible one during the council at pauls under otto the popes legates . templars and hospitallers , taxed by king john , hen●y and the pope , notwithstanding their priviledges , to publike taxes , and dismes for the holy land , , , , , exampted from them , . a● templar imployed by the pope with others , to collect dismes , . sub●●●●d by the pope to bet●ay the emperor frederick to the soldan , who detested , discovered their treason , . the emperor seising their goods , land● for it , and lands purchased without his licnse , contrary to the lawes of sicily , is excommunicated , deposed for it by the pope , amongst other causes , . . . mr. of the templars attests the truth of christs blo●d under their common seal , , . a schisme between them and the hospitallers , . appeal against bishop grostheads visitation of them , . to answer only before the king or his chief justice , . their great wealth , priviledges made them insolent , mad , and were therefore fit to be resumed , . theingpeny , exemption from it , ▪ tithes of what things to be paid ; the substractors or non-payers of them to be excommunicated , ● . o● f●sh ●n f●shponds in ireland , by the kings special writ , out of conscience , . the ecclesiastical court hath conusance of them , , . the popes bull to morgage them for . years for the holy war , . tithwite , exemption from it , . toll , exemption from it , . exacted from clerks , . transubstantiation ; subve●●● the foundation of st. peters and popes universal vicarship to christ , and monarchy , , , , , . proved by sundry popish miracles , apparitions of christ as an infant , or blood in the consecrated host ; all impostures or diabolical delusions , , to . how stated , asserted by their treat councils , doctors , canonists , . . . . see . ▪ ▪ . not wrought , nor proved by , this is my body , , . nor intended , proved by joh. p. , . against scripture , articles of our faith , sense , reason , experience , , ▪ no miracle , , . invented , asserted only to make their m 〈◊〉 a propitiatory sacrifice ; which else would be of no value . see m●sse . treasure trove , not incident to bishops liberties , . treason , for bishops to resort , appeal to rome , and own any for pope without the kings license , . to interdict the realm , excommunicate , or depose the king by the popes bulls . see h n. . and king john , index , ▪ . they and all other clergymen punisha le for it by kings and temporal magistrates , as well as laymen ▪ . ● . see bishop● , clerks . banishment for it , see ●●●●shment ▪ p●o●h●cying the kings deposal by a day , tr●a●●● , , . . to desert his service because excommunicated by the pope , ● , . to betray the right● of 〈◊〉 crown , . to detain the kings castles against him . ● . see castles ; to imagin his death , of betray him to his enemies , . truce , continued between england and france popes interp●sing therein , ● , , . ▪ ▪ with the saracens broken by the pope , though 〈◊〉 〈◊〉 , to the great scandal , di●grace of christians . made by the emperor with the soldan upon honourable terms , objected by the pope as a crime , . see frederick , and gregory . v. vacations of bishopricks , abbyes , the custody of their temporalties , presentation to their 〈◊〉 〈◊〉 to our kings by their antient prerogative , of which some prelates in england and ireland endeavoured to 〈◊〉 them ▪ , , , ● , ● , , , ● , , ● ▪ ● , , . ● ▪ ● ● , ●● , , ●● , . appendix ▪ see index . . the custody of the temporalties of 〈◊〉 granted to the archbishop and his successors , . ▪ o● westminster abby , to the monkes by spicial charters , , ● ▪ the archbishops jurisdiction claimed over the church of lincola during the vacancy ▪ and of the prior , monks of canterbury over their diocesans as gardians of the spiritualties of canterbury during vacancies thereof , , to ● . vexations by ecclesiastical persons of the kings subjects complained of ▪ prohibited , ● , . . . . ▪ . ● . . . . . v●cariges endowed by kings directions , ● . append. . v●ca●s , of god , and christ on earth : christian kings are such in , over their own realms , churches , not popes , . ▪ . . . see king , popes pretences to be christs and gods universal v●●ars upon earth● claiming all his regal , s●cerdoral offices and s●veraign universal authority by that pretex , yea a power to excommunicate , depose all christian kings , emperors , nu●● all laws &c. p. . . . this their 〈◊〉 disproved by scripture , d●●●ed by the g●●el church . s 〈◊〉 antioch , and greek church ; by the emperor frederick and others . . ▪ . . pope alexander the . desires prayers so to govern the church , a● to deserve to be called gods v●c●● , and 〈◊〉 s●cc●ss●● , claimed , expressed in their own bulls , as unworthy of it , ▪ . . ● . vicats general of the king to take place of all bishops , and visit the ecclesiastical state ▪ persons under him , ▪ . victuals to be sold to jewes , notwithstanding bishops inhibitions . ▪ . not to saracens , . villains soas , not to enter into religion , without their lords assent , . vi laica amovenda to sheriffs , &c. ● . . . . virgini y consecrated by mary , a great virtue , . virgins consecrated by mary , internally , externally only by ●ish●ps , . visitations of the ecclesiastical state , persons , a prerogative of the king , by such as he shall appoint by letters patents , , kings may exempt persons , places from archiepiscopal or episcopal visitations , and jurisdiction ▪ their free chappels exempted from them ▪ . . . . . . . ▪ . . vexatious illegall proceedings and procurations in them , together with coertion and administing , enforcing oathes prohibited in them by popes bulls , canonists , kings writs , , , to . , , , , , , , what procurations , fees , are to be demanded , taken in them , , , . ● , . of archbishop boniface , with the oppositions , appeals against it , , , , , , , ● , , , . of the bishop of lincoln , and oppositions , appeals against it , , , , , , . . , ● , ▪ of monks by the popes visitors , grievances and appeals against them , , , . . by the abbot of the cistertians , by the kings license , , . by bishops , for popes to get money from monks to exempt them from it , , . the principal end to get mony , not reform abuses , , , . exemptions of abbots from archiepiscopal and episcopal visitations for mony by popes bulls , , , ● , . app. , . the emperor excommunicated for not suffering an archbishop to come to his see to visit , . pope innocent . his decree concerning visitations , procurations , and preaching at them , ; , , . usurpation of jurisdiction , punished by our kings , restrained by their writs , . see prohibitions . usurpers charters , neither do nor ought to prejudice the right heir to the crown : resumed , . usurers of popes , caursini , and other italian merchants countenanced by them , against the lawes of god , man , bishops excommunications ; their detestable usury , bonds , undermining of jewes : popes remitting the usury of jewes ( not theirs ) to such as crossed themselves for the holy land ; with other matters concerning popes usurers , usury , . . . . . . . . . ● . . . . . . . . . . . . . . . . . . . . . . . . ▪ . u●f●ngthees , . u lawry of king john against exiled bishops and clergymen , reversed by his patent ; his declaration he had no power to outlaw clerks , , . w. vvapentake , . wa●peni , exemption from it , . wards of body and lands of tenants in capite belong to the king , , . the archbishop opposed this prerogative , and complained to the pope against it , ib. granted , maried to aliens of mean fortune , complained against as a grievance in parliaments , , , . contribution out of wardships to relieve the holy land , . warrants of judges produced ; else coram non judice , . warranty , not in a suit between a bastard and mulier , . warre , what a just cause of it ; not to be made on the vassal without complaint first made to the superior lord , , . prohibited by the pope under pain of excommunication , interdict , and deposition ; upon king john when his vassal ; and upon princes under his protection crossed for his or the holy war , . . to . . . . . . in joyned by popes under promises of remission of sinnes , not only against saracens , but the e. of tholouse , the greek church , the emperors otho , frederick , conrade , manfred , k. john , when interdicted , excommunicated , deposed by him ; for vindicating the rights of their crowns , , &c. . . . . . . . . ▪ . . . . . . . popes prohibited the crucesignati to go against the saracens according to their vow , to imploy their armes and monies raised by dispensing with their vows , against these christians , ibidem . the barons warrs excited , fomented by the bishops and clergy , who ought to maintain peace , not warre , , to . see barons . the plunders and miseries of warre , . , to . whales , belong to the king , an inquisition for taking one away , . . wills of bishops , licensed , authorized by the king to make them valid , . . a writ for removing an interred corps from st. james bristoll to ambresbery , according to the parties last will , . . woods of archbishopricks , bishopricks , abbyes now and then felled , sold by the king during vacancies , and when seised for contempts or high misdemeanors , . . . appendix . of the archbishoprick felled and sold by boniface , . improved , , . wooll , of the cistercians demanded of them by the king for one year , denyed ; writs prohibiting them to be merchants of wooll , . . . . . women : authors of the worship of the v : mary , as the queen of heaven , of the collyridian , and other heresies ; , . to . their visions and apparitions not to be credited , . the virgin mary their advocate , intercessor , by popish devotions , . see mary . sainted by popes , . wreck , to be sued for in the ecclesiastical court , . writs : no new ought to issue out of chancery , without the consent of the nobles and prelates in parliament , . writs of severall kindes , bearing teste sometimes in the kings name , sometimes in the name of the gardians of the realmes in his absence , sometimes in his privy counsellors ; somtimes in the chancellors or chief justices ; which you may observe throughout all the writs here recorded ; as you read them . see index . & kings . index . of scripture texts abused , perverted , alledged , altered by popes , pontificians , and the church of rome , to justifie their errors , corruptions , and st. peters , popes vniversal monarchy , vicarship ; and those which most evidently refute them . scripture texts professedly altered , corrupted for their adoration , exaltation , invocation of the virgin mary , as breaker of the serpents head , their advocate , empresse , lady , queen of heaven , mediator , saviour ; gen. . . it , changed into she , p. , , . psal . . . ps . . . ps . . . ps . . . ps . . . ps . . . ps . . . ps . . . ps . . . ps . . . ps . . . ps . . . ps . . . ps . . . ps . . . ps . . . ps . . . ps . . . ps . . . ps . . . ps . . . ps . . . ps . . . ps . . . ps . . . ps . . . ps . . . ps . . . ps . . . ps . . . ps . . . ps . . . ps . . . ps . . . ps . . . ps . . . ps . . . in all these lord is directly changed by them into lady ; and he into she ; and these texts appropriated to god , applyed to her . ps . . ps . . ps . . ps . . . & mat. . . god , lord , are altered into the mother of god ; by bonaventura , bernardinus de busti ; and others , by popes approbation , p. , , , , , . moreover the second commandement , exod. . , , . deut. . ● , . is quite obliterated out of all their breviaries , missals , howres , offices , psalters , letanies , rosaries , primers of our lady , and most of their late catechisins , as inconsistent with their images , and adorations of them : all which are against these direct texts ; deut. . . c. . . josh . . . prov. . . rom. . , . pet. . . rev. . . p. , . they abuse , wrest these particular sacred texts , applying them to the virgin mary , her kingdom , subjects ; gen. . . c. . , . c. . . c. . . c. . . p. , , , . deut. . . judg. . , . chron. . . chron. . . esth . . . c. . , . job . . psal . . . ps . . . ps . . . ps . . . ps . . . ps . . . ps . . . ps . . . ps . . . prov. . , . c. . . cant. . . c. . . isa . . . c. . . dan. . . mat. . . lu. . . c. . . john . . ephes . . , . phil. . , . hebr. . . p. , ● , , , , , , , , , , . besides other apocrypha texts . they insist on the very words of the idolatrous jews , jer. . , , . to justifie their adoration of the virgin mary as the queen of heaven , as they did the moon , p. . texts they impertinently or blasphemously alledge , wrest , misapply to prove st. peters and popes universal monarchy , supremacy over kings , kingdoms , &c. gen. . . psal . . . ps . . . ps . . . ps . . , , . isa . . , . d●● . . c. . , . c. . . c. . , . mich . . mat. . , , . c. . , , . lu. . ● . joh● . , , . acts . , . phil. . , , . p. , , , , , , , , . texts produced by them to prove the consecrated bread and wine transubstantiated into the very body and blood of christ , mat. . , , . john . , , , . p. , , , , . several scripture texts , ( over-tedious to recapitulate ) directly refuting prayers to angels , saints , the virgin mary , or to any but god alone , p. , , . saints seeing of prayers in the new popish looking-glasse of the trinity , p. , . the pretended soveraign monarchy and vicarship of st. peter and popes , p. , , , , . the advocateship , mediatorship , &c. of the virgin mary ; proving christ alone to be our only advocate , intercessor , mediator , redeemer , reconciler , ayde , hope , help , deliverer , saviour , light , salvation , high priest , p. , , , . texts proving that christ alone was born without original , and lived without actual sin , not the virgin mary , p. . that vows are to be made to god alone , p. . that all miracles are ever visible to all mens eyes , and seldome wrought , by some extraordinary persons , not every priest ; and that god hath made our senses judges of the truth of christs body , incarnation , resurrection , ascension , as well as miracles , p. , . that the verbe is , in this is my body , is predicated only significatively , figuratively , sacramentally ▪ not identically and transubstantiatively ; p. , , . to the reader . kind reader , the reasons why i have enlarged these tables in sundry particulars , beyond the ordinary brevity of tables , with very great pains , were three ; . that those of our english nation who understand not the latine tongue , may read the substance of this tome in these english tables , and so reap benefit by it . ly . that those statesmen , noblemen , judges and others , who want either leisure , or patience to read over this whole tome distinctly , may read the epitome of it , or any part thereof they desire satisfaction in , in these tables . ly . that statesmen , divines , common , civil lawyers , heralds , and others who delight in history ▪ may read over what most concerns their several callings , studies , in each distinct table , if they mind not to peruse the whole ; which they could not so easily have done , had i digested all these indexes into one ; not so well understood , had i contracted them into the shortest sort of indexes , forcing their readers to turn to every page for every thing they look after , and peruse it ere they can discern the purport thereof ; which now they may read in these indexes , without further trouble , and peruse what they please at large in the text. lavs deo . finis . errataes , and transpositions of words at the press : in some pages . read . , r. . , r. . , r. . , r. . , . in the text : p. . l. . for electors , r. elections ; p. . l. . r. from these , or any , &c ▪ p. . l. . r. exer cituum ; l. . ferula ; p. . l. . r. advocata ; p. . l. . seuensis , r. de busti ; p. . l. . r. filio ; p. . l. . reddendo ; p. . l. . r. trent councils , popes ; p. . l. . of , r. or ; p. . l. . for . r. dist . . p. . l. . schism●ticks , r. schoolmasters ; p. . l. . expugnare ; p. . l. . dublin , r. armach ; . l. . vendere . . l. . r. dignaretur piae ; . l. . r. him of ; . l. . must , most ; l. . dele therein ; . l. . r. exulantibus ; l. . ad , r. & . l. . r. inspecturis ; l. . huberto , hugoni ; . l. . r. quod ; l. . r. sanctae , l. . ea , r. ●o ; l. . juravimus ; l. . r. indicium ▪ . l. . unite ; . l. . exercitum ; l. . quatuor ; l. . dele in ; l. . firmiter ; . l. . venerimus ; l. . vacantium ; . l. . excutere ; l. . historian ; . l. . quatenus ; . l. . commune ; . l. . sent , r. let ; . l. . suo ; l. . edward , r. edmund ; . l. . articulo ; . l. . brixiensis ; . l. . tended ; l. . curiae ; . l. . quarto , r. quinto ; ▪ l. . saucius ; . l. . roberti , r. richardi ; . l. . hadrianus , r. honorius ; ● . l. . plerumque ; . l. . sur. r. sar. . l. . robertus , richardus ; . l. . matrimonialis ; . l. . radulphi r. alexander ; . l. . & frater ; . l. . misit ; l. . indulta ; . l. . nuncii ; . l. . venenata ; . l. . a. e. . l. . r. r. l. . l. . boxele , flaxele ; l. : parco ; . l. . pensantes ; . l. spoliatur ; l. . tum ; . l. . acturi ; . l. . r. r. p. . l. . william , r. walter ; l. . e. r. o. . l. . walteri ; . l. . hereford , r. worcester ; appendix , p. . l. . statueram . in the margin , . l. . halls , r. graf●ons ; . l. to . , r. . p. : l. . p. . l. . belluga ; . l. ● . adde , cart. pat. & claus . in simul , ab ann. . to h. . m. . intus ; . l. . . r. . . l. . episcopo ; . lin . . cooke . in the index : k. . p. . col . . . rich. nich. m. p. . col . . . helias : for , . r. . . r. p. . col . . l. . resuming , r. restraining ; , . f. p. . col . . for . r. , . g. p. . col . . l. . for . r. . other literal faults are easily amended . notes, typically marginal, from the original text notes for div a -e a acts . . rom. . . c. , . tim. . . b see tom. . book . ch . . p. , . c rom. . . col. . . d rev. . . e prov. . see isay . . f eccles . . . g gen. . . h page , , , , . i page , , , , . k thes . . . . bishop abbot , dr. squire , dr. beard , others in their books of antichrist . l see philip de mornay hist . papatus m page . . n page , &c. , , . o page , to . p page , , , , , , , . q page , , . r page , , , . ſ page . . t page , , , , , , . u page , , , , , , , , , . x page , , , , , , , , . y page , , . z page , to . a page , , to . b page , , . c page , to . d page , to the end of . e page , . g e. . f. . h . f. . brook averrment . h ) philemon . i ) tim. ; , , ; k ) tim. . . rev. . . c. . . l ) acts . . notes for div a -e a carolus molinaeus comment . ad edict . hen. . contra parvas da●as et abusus curiae romanae . de excellentia regni francorum , et coronae franciae , claude fauchet , & pierre pithou preuves des libertez de l'eglise gallicane . philippus de morney historia papatus : laurentius bochellus . decreta eccles . gallicanae . b melchior goldastus , monarchia romani imperii , tom. . antonii de rosellis , monarchia , and others . * mat. , , , , . * zeph. . . pet. . . notes for div a -e a see bishop jewels defence of the apology of the church of england , part . ch . ▪ divis . . part ▪ ch . . , , , , . queen elizabeths injunctions , articles of religion , an. . artic. . confirmed by the stature of eliz. ch . . articles of ireland , n. , . b● ushers speech in the castle-chamber at dublin , nov. an. . concerning the oath of supremacy , lond. . b see bishop jewel & bishop usher in ( a ) sir roger twisden his historical vindication of the church of england , chap. . a learned pithy treatise to this purpose . * see h. . c. . e . ch . . sir john davis his irish reports , p. , , . * see the statutes and customes of clarendon , tome . book . ch . . p. , , to . tome . book . ch . . p. . * h. . c . h. . c. . h. . c. ● . h. . c. . edw. . c. . eliz. c. . eliz. c. . ii. a ribadeniera les fleurs des vies saincts , part . p. . de la chaire de saincte pierre a rome . b see dr. marta pars . c. . n. c. . nu . . . c. . n. . . . c. . n. . , , ▪ c dr. marta de jurisdictione , pars . c. . n. , . pars . cas . . n , . cas . n. . pars . c. . n. . d marta , pars . c. . n. . pars . c. . n. , . pars . cas . . n. . . cas . . n. , , , e marta , pars . cas . . n. ● pars . c. . n. . c. . ● ▪ . c. . n. . c. . n. , . f alvarus pelagius de planctu eccles l. c to . marta pars . c. . n. , , . h de romano pontifice ● . . c. . see amesius bellarminus enervacus , l. . c. , . * alvarus pelagius de planctu eccles . l. . art. . marta pars . c. . n. . i marta , pars . c. . n. . , , to . * marta pars c. . n. . &c. c. . n. . c. . n. . c. . . c. . n. . pars . cas . . n. . cas . , . l idem pars . cas . . n. cas . . n. , , . m idem pars . cas . , , , , , . cas . n. . & pars . c. . n ibid. pars . cas . . o idena , pars . cas . . n. . cas . . nu . . cas . . n. , , . pars . cas . . a marta pars . casus . * and by like consequence all sodomites , murderers , traytors , theeves , malefactors , if received into bishops or prieste families . nota. * their own sins , not their punishments , detect and defame them , sam. . ● to . , to . mat. . to . jer. . ● to . b marta pars ●● cas . . n. . cas . . n. . c marta pars . cas . . n. . cas . . n. . cas . . n. , , . cas . . n. . cas . . n. . d marta pars . cas . n. , to . & cas . . see h. . c. . e marta cas . . & cas . . f commentar . ad cap. oporter , distinct . . n. , , . g surius concil . tom. . p. , . * see tom. . book . ch . . p. , to . iii. * book . ch . , , . * thomas bozzius , de temporali ecclesiae monarchia , l. . c. . l. . c , ▪ l. . c. . l. . c. . marta de jurisdictione , pars . c. . si , , . c. , to c. . alvarus pelagius de planctu eccles ▪ l. . artic. . and sundry others . a see centur. magd. . c. . col . , to . b benno cardinalis , platina , stella , martinus polonus , sabellicus , fasciculus temporum , volaterranus , & barnes , balaeus , centuriae magdeburgensis , and others in their lives , & book . ch . . theodoricus à niem , & marius de schismate . c franciscus bozzius de temporali papae monarchia , l. . c. . antonius de rosellis monarchia , pars . c. . arnoldus carnotensis , tract . de laudibus virginis . d see eph. . , , . rom. . . hebr. . , . e book . ch . , . f de jurisdictione , pars . c. n. , to . hostiensis in cap. superbis , de voto , d. antoninus in . parte summae , tit. . cap. . jac. almayn de potestate papae , c. . carerius , and others . * pet. . , , , . c. ▪ , , , . c. . ● to . pet. . ● . c. . . * ephes . . . . cor. ● ▪ , . c. . . * psal . . . * therefore ●● is not reitera●●d daily in their masses . * see tom. . book . ch ▪ . c. , to . ii. a a missale romanum , salmanticae , p. , , , , . . missa votiva de sancta maria , p. , , , . horae beatae mariae secundum usum sarum , parisiis . title page , & f. . and all other offices , primers of our lady . the office of the virgin mary , st. omers , . title page , & p , . our ladies primer in latin & english , paris . p. , , . the epistles and gospels , f. . and others . b chron. gervasii , col , . * see thomas beacon his reliques of rome * col . . see baronius & spondanus , an. . nu . . b gratian de consecratione , distinct . & their glossers thereon , peter lombard , sententiarum l. . distinct . , , , . & alexander alensis , albertus magnus , pe●ius de alliaco , ant , andreas , aquinas , jo. bachon . gabriel biel , bruliser , dionys . carthusianus , capreolus , durandus , estius , faber , faventinus , aegidius de roma , gorichem , holcot , hervaeus brito , media villa , ockam , jo ▪ duns stotus , jo de rada , henr. tamarit , henricus de v●rumaria , & other schoolmen theron , summa angelica , summa rosella & other canonists , tit . eucharistia , paschatius , radbertus de corpore & sanguine domini c. . concil . lateranum sub innocentio . anno . cap. . & concil . tridentinum , sess . , de sanctissimo eucharistiae sacramento . c acts . , d acts . . , . psal . . cor. . , . to . , , . e john . . gal. . . heb , . c. . . ● see missale romanum salamanticae p. , . missa votiva de sancta cruce , p. , . officium secundum usum sarum , f. , , , . the primer of our lady , paris . f. , . the epistles and gospels . f . molanu● ss . imaginum hist . g see ludovicus vives notae in augustinum de civit. dei , l. . c. . didacus de tapia in tertiam partem thomae , artic. . . will. lindanus apologeticus in germanos tom. . n. . h europae speculum , london , . p. , . * see bishop ushers answer to the jesuite● challenge , p. , , . i see p. , . before , & bernardini de busti his mariale , pars . de cooronatione mariae , sermo & . michael lochmair sermo . , . k officiu● mariae , secundum usum sarum , paris . . f. , to . our ladies primer in latin & english , paris . . f. , . breviarium romanum pii . rothomag . . p. . a manual of prayers , st. o. mers . p. , , . the litany of our lady of loretto , to be said on saturdayes . bernardin , de busti , mariale pars . sermo . & . quarta excellentia nominis virginis , pars . sermo , . pars . sermo , . throughout , and elsewhere , s. bernardi sermo de assumptione beatae mariae , anselmus cantuariensis . michael lochmair , sermo . , . the rosary of our lady . l bishop jewel , p. . history of the council of trent . m bernardin . de busti mariale , pars . sermo . praerogativa , . n bernardini de busti mariale pars . sermo . de tertia excellentia nominis virginalis , quae dicitur regalis o. p. see anselmus cantuariensis de laudibus mariae . alexand. fabricius destructorium vitiorum , pars . c. . michael lochmair , hildephonsus , augustinus leonissa , & others de assumpt . b. m. bernardinus senensis , ser . . & . o bernardinus de busti mariale pars . serm . pars . p bernardin . de busti mariale , pars . sermo . de pars . quae dicitur significationis t. q officium beatae mariae secundum usum sarum . f. . r baronius & spondanus , an. christi . who largely discourse hereof . ribadenier● in festo asssumptionis mariae . bernardini de basti mariale , pars . pars michael lochmaii , sermo , . s. brigittae revelat . l. . c. . l. . c. , . bernardini de busti mariale , pars . sermo . de assumptione mariae , pars. . quae dicitur causationis . michael lochmair sermo . s. brigittae sermo angelica , de virginis excellentia , sermo , , . revelat. l. . c. , , . s maria post assumptionem docebat apostolos , tho. waldensi● doctrinnalis fidei , l. . artic. . c. . p. . t bernardinus de busti mariale , pars . ser●o ● . pars . h. & albertus there cited . * specialibus . * pars . sermo . * bernardinus de busti mariale pars . sermo . d. ● . to z. gratiis mariae . * sermo . de festivitate d. mariae , artic . . c. . * bernardinus de busti , mariale , pars . sermo . pars ● . h. * bernardin . de busti mariale , pars . de assumptione mariae , serm. . pars . * de excellentia b. virginis , c. . † mariale pars . sermo . de assumptione mariae , pars . quae dicitur consolationis , m. sebastianus barradius , jesuita concord . evang. l. . c. . a st. bernardus sermones deassumptione beatae mariae , bernardinus debusti mariale pars . sermo . deassumptione mariae , pars , , , . pars . sermo . de , , . excellentia nominis virginalis , anselmus cantuar. deassumptione mariae , & de excellent . mariae , s. brigittae sermo , , , . divinitus revelata , de excellentia b. virginis , & revelationum , l. . c. . michael lochmair , sermo , , . bernardinus senensis , sermo . b bernardinu● de busti , mariale pars . sermo , . c sermo hieronymo a●tril ●● ▪ michael lochmair , sermo deassumptione mariae , p. bernardinus de busti , mariale pars . sermo . pars . d. and sundry orbers in their postils and sermons of her assumption ▪ d●bernardinus de busti , mariale pars . sermo . de assumptione , pars ● . p q. r. see yldephonsus & anselmus cantuar . de assumptione mariae . a bernardinus de busti , mariale pars . sermo . prologue , & pars . anselmus cantuar ▪ deassumption● & excellenti● mariae . b bernardinus de busti , mariale pars . ser mo . pars z pars . sermo & . the primer of our lady in latin and english , parisii● . f. , . bernardinus de busti , mariale pars . sermo . pars . i. k. q. pars . sermo . pars . breviarium romanorum , rothom . . p. , . see bishop jewels defence of the apology of the church of england , . part ch . . p. . . part ch . . divis . . p. . ch . . divis . . p. . dr. boyes his postils , p. . c sermo . de nativitate b. mariae . d corona b. virginis , operum tom. . edit . romae anno . bishop ushers answer to the jesuits challenge , p. , . e operum parifiis . p. , . f historia chr. august . commemoratio virginis mariae . see dr. john white his way to the true church , epistle to the reader . g bernardinus de busti , mariale pars officium conceptione mariae , pars . sermo . pars . quae dicitur interpretationis d. e. * see fox acts & monuments , vol. . p. . bishop ushers answer to the jesuits challenge , p. . * de excellentia b. virginis mariae . * it seems it is only a watry , not fiery purgatory , as they fancy it . h bernardinus de busti , pars . sermo . pars . e. see vega jesuita in apoc. . fect . . nu . . i de arcani● catholicae veritatis , dr john white , qua supra . k bernardinu● de busti , ibid. l bernardinus de busti , mariale pars sermo . pars ; o. m bernardinus de busti , mariale pars . sermo . s. t. v. de . & . excellentia virginis nominis , quae dicitur regina , & imperatrix . n see baronius & spondanus , an. . nu . , . o see , gabriei biel epositio canonis missae , lectio . d● . reynolds de idololatria romanae eccles . l. . c. . dr. boyes his postils , p. . * se●mo . p cor. . . c. ● . . ● pet. . . q bernardinus de busti , mariale pars . sermo . pars . derivationis ● . and throughout his mariale ; officium beatae mariae secundum usum sarum , f. , . and in all other their offices , breviaries , rosaries , primers , and books of devotion . r mariale pars . sermo . de prima praerogativa incipiente ab m scilicet quod beata virgo est mater mise●icordiae , s. brigittae revelationes , & sermo angelicus . * bernardinus de busti , mariale pars . sermo . pars . l n * bernardin . de busti mariale , pars . sermo . de quinta excellentia nominis virginalls , quae dicitur augustalis x. psalterium bonaventurae . o ibid. pars . serm. . de & . excellentia quae dicitur augustalis . p bernardinus de busti , mariale pars . sermo . de nativitate mariae , pars quae dicitur jocunditatis t. q ibid. pars . sermo . u , z. r bernardinus de busti mariale pars . sermo . pars . quae dicitur figurationis . ſ idem , pars . sermo . de beatissimae virginis nominatione . t de festivitatibus b. mariae virginis , sermo . cap. . u bernardus de busti ma●iale pars . sermo . pars . interpretationes g , h. a mariale pars . sermo . pars . s. b tractatus de laudibus virginis . c comment . in apoc. . sect . . nu . . ludovicus lucius hist . jesuitica , l. . c. . p. . * mariale , pars . serm. . pars e. & pars . y. * bernardini de busti mariale , pars . sermo . de coronatione mariae , pars . quae dicitur recordationis o. * bernardini de busti mariale pars . serm. ● . de coronatione mariae , pars . c. * sermo . artic. . cap. ● : see bishop ushers answer to the jesuites challenge ; p. , ▪ & bernardin de busti mariale , pars . serm. . pars . & pars . serm. . pars . serm. , . † baronius & spondanus , an. . n. . & . n. . * sermo . de nativitate b. mariae , tom. ● ▪ socii , sept. ● ▪ * isay . ; c ▪ . . y mariale pars . serm. . pars . quae dicitur significationis h. &c. z sermo in apoc. . de assumptione b. mariae . a in nativitate mariae , de aqueductu , sermo . & michael lochmai● sermo . d. b de verbis beati joan. apoc . . sermo c de evang. lect. luc. ▪ sermo . d bernardin . de busti mariale ▪ pars . sermo . pars . t. pars . serm. . t. sermo . pars . * bernardinus de busti ordinis francisci , pars . serm. . de conceptione mari● ▪ pars . b. * albertus super missus escap . . bernardini de busti mariale pars . sermo . parte . a. & pars ● . sermo . parte . c. & sermo . consid . . f. * in expositione canticae virginis mariae magnificat . * chronica , pars . tit. . c. . a pag . see bishop jewels defence of the apology , part ch . . divis . . p. . b de excell . beatae mariae . c sermo . de festivitatibus mariae , artic. . cap. . * marian catholicks . a see dr. john white , his epistle to the reader , sect . . before the way to the true church . b officium b. mariae , secundum usum sarum , f. , , , , , , & sundry other offices , hours , psalters of our lady . c mariale pars . de conceptione mariae , sermo . y. d s. bernardus homil. super missus est , f. . bernardinus senensis , sermo . artic . . c. . & their vulgar latin bible . * 〈◊〉 ▪ e pars . de coronatione mariae sermo at the end . f see fox acts & monuments , vol. . london . p. , to . * see fox ib. p. , &c. a mariale pars . sermo . assimilatio . quare beats virgo dicitus scala coeli . * see speculum vitae francisci & sociorum ejus , parte . c. . speculum exemplorum , distinct . . exempl . . a bernardinus de busti , mariale pars . sermo . de nominatione mariae , pars . n. see augustinus de leonissa , sermones de ave maria , petrus de palude sermo de annunciatione mariae , michael lochmair , serm. , , . bernardinus senensis , serm. , . and others . b see michael-lochmair , sermo . l. c officium b. mariae secundum usum sarum , . f. , to . litaniae deiparae virginis , quae in alma domo lautetana omnibus diebus sabbati , &c. decantari solent ; and in most of their other psalters , houres , offices , litanies , crownes , and rosaries , beatae mariae . d bernardinus de busti , mariale pars . sermo . de nominatione mariae ; de prima praerogativaincipiente ab m. z. e bernardinus de busti , mariale pars . sermo . de nativitate mariae , de septima conditione sponsae coelestis r. gratiose manus . f in epistola dedicatoria historiae lauretanae ad cardinalem aldobrandinum . g tractatus de laudibus virginis . h mariale pars sermo . in excellentia , & . i mariale pars . sermo ▪ . pars . z. k in his works , printed argentine . tom. . p. , &c. & romae see fox acts & monuments , vol. . p. , , . bishop ushers answer to the jesuits challenge , p. , . l s. bernardi ho●●elia . super missus est , recited and approved by robertus holkot , lectio . super lib. sapientiae , & lectio . m lectio . & . super lib. sapientiae . n s. pernard . sermo . in assumptione mariae . * legitur quod quaedam devota juvencula docuit quendam aviculam dicere , ave maria , ità quod garriendo vix aliud proferebat ; quadam autem die volucris rapax ipsam rapuit & asportavit ; quae cum clamare● , ave maria , statim illa avis rapax mortua cecidit , & avicula ad gremium juvenculae est reversa . bernardinus de busti , mariale pars . sermo . pars . p. o an. . nu . . an. . nu . . an. . nu . . an. . nu . , . p chron. joannis b●omton , col . , . q bonaventurae psalterium , ps . ● . officium beatae mariae secundum usum sarum , f. . and most other offices , psalters , breviaries . r de eventibus angl. l. . c . col . . & l. . c. . col . . ſ of anrichrist , part . chap. . t bernardinus de busti , mariale pars sermo . de nominatione mariae , pars . quae dicitur significationis , t. u bernardinus de busti , mariale pars . sermo . pars . quae dicitur interpretationis , & pars . sermo . pars . h. x sermo angelicus de virginis excellentia , cap. . y revelationes & opera , noremburgh . z see dr. john white his way to the true church , epistle to the reader . * here p. , to . a bernardinus de busti mariale pars . serm. . pars t ▪ serm. , , . pars . sermo . pars . serm. . pars . per ▪ totam . & serm. . pars . t , u , &c. pars . robertus holkot lectio . super lib. sapientiae , offificium conceptionis mariae , bern. de busti , mariale , pars ● bernardus homil . . super missus est , & de assumptione mariae , all their psalters , houres , crowns , rosaries , litanies , anthems of our lady , ave stella , &c. b mariale , pars . sermo . pars . n. to z. c mariale pars . serm. . in exord . p. pars . sermo . de assumptione mariae , pars . b. . officium seraphin . * sociam . d mariale pars . sermo . pars . z. & pars . q. e mariale pars . serm. . pars . de nominatione mariae pars . sermo . pars . see mich. lochmair sermo . de assumptione b. m●tiae , & most other romish postillers in their postills on that feast . f de assumptione b mariae , ser●o . f. . g bernardinus de busti , mariale pars . de nativitate mariae , sermo . pars . at the close . h bernardinus de busti mariale pars . sermo . ● . i bernardinus de busti mariale , pars . sermo . de gaudiis mariae , pais . pars n , de assumptione mariae , serm. pars . z , c , r q , r , s , b. k ibid. pars sermo . pars . g. l mariage pars . sermo . pars . a & b. . m bernardinus senensis sermo . artic. . c. . bernardinus de busti mariale , pars . & offictum conceptionis mariae , paulus venetus tractatus de conceptione virginis mariae , franciscus de mayro , michael lochmair , augustinus leonissa , and sundry others in their sermons de conceptione virginis mariae , cited by them . k bernardinus senenfis , sermo . artic. . c. ● . bernardinus de busti mariale pars . ● . offic. conceptionis b. mariae paulus venetus tract . de conception virginis mariae . franciscus de mairo , michael lochmair , and others de concept . v. m. bernardinus de busti marialae , pars . sermo . pats . serm. . and sundry others . l officium b. mariae secundum usum sarum . ● , . the primer of our lady in latin and english , . and in all other offices , primers , rosaties of our lady . & breviarium romanum . m bernardinus de busti mariale part . ser●● . pars . de gaudiis mariae . * michael lochmair sermo . n de excellentia b. virginis mariae , c. . o de vita christi , pars . c. . p de verbis domini , tom. . l. . c. . q of the mass , l. . part . ch . . m comment . in apoc. . sects . nu . . n mirrour des rosaries f. , , , , , . ludovicus lucius hist . jesuitica , l cap. . p. . o bernardin . de busti mariale pars . serm. . de assumptione mariae pars . m. sermo . pars . l. de excellentia b. virginis , c. . ludolphus carthusianus de vita christi pars . c. . chrysostom . à visitatione de verbis domini tom. . l. . c. . p bernardin . de busti mariale pars . serm. . pars . m. serm. . pars . q de excellent : beatae mariae , c. . . sermo . super missus est . de assumpt . mariae , bernardinus de busti . mariale pars ● . sermo . de septima conditione sponsa coelestis . ſ bernardinus de busti mariale pars ● . sermo . de nativitate mariae , de septima conditione sponsae coelestis d. ult . pars . serm. pars . sermo . de assumpt . mariae , azorius jesuita , hom. tom. . de devot . mariae virginis , sect. assi nula●io . see offic ▪ beatae mariae secundum usum sarum , . f , to . , to . , , , to . and all other her missal● , offices , hours , litanies , rosaries , crowns . ma●●ale , pars . serm. . de coronatione mariae , pars . e. in fine ejusdem . * consultatio , artic. . de cultu & meritis sanctorum , in his works , parisiis . p. . a bibliotheca patrum , tom. . p. , to . antoninus , vincentius , surius , ribadeniera , lipomanus , opmeerus , and others , in the several lives of these their saints , and their lives prefixed to their works . b see her works and revelations in folio , al most in every page , & sermo angelicus . c historiarum , pars . tit. . cap. . d revelationum , l. . c. . * rom. . , , . e see dr. beard of antichrist , part . ch . , , , . f bernardinus de busti , ma●iale pars , , , . g see mr. fox his acts & monuments , vol. . p. . the fraternity of the rosary . h see lypsius diva virgohallensis , antwerp . . turselinus jesuita historia lauretana , baronius & spondanus an. . nu . . an. . nu . . an. nu . . & annales nu . . petrus canisius de sancta maria , l. . throughout , dr. beard of antichrist , part . ch . . i mariale , pars . sermo . m. * jo ▪ sleidanis comment ▪ l. . mr. cartwright his confutation of the rhemish testament , act. . sect . . k see all their kalendars , martyrologies , offices , primers , bernardinus de busti his mariale , and all their postils , sermons on these dayes ; surius concil . tom. . p. . de vitis sanctorum , & ribadeniera . l . ae . qu. . art. . m de cultu sanctorum , cap. . n pere basil , declaration a sedan , . p. . o in thomam . ae . qu. . * a prayer for to save her , as if not yet actually saved . p mariale pars ● . sermo . pars . l. m. rosarium b. mariae , dr. boyes his postils , p. . sir edwyn sandys his relation , p. , to . george dowly priest , his brief instruction , p. , . jean crispin l'estat de l'eglise , p. , . thomas beacon his reliques of rome , vol. . f. . q ribadeniera fleurs des vies des saincts , p. . r mat. . , to . lu. . , , . ſ lu. . , to . t ribadeniera fleurs des vies des saincts , feste de l'assumption , p. , to . habbarden , fox acts & monuments , p. , . george dowly priest , his brief instruction , p. . catechismus tridentinus , cap . de oratione , pelargus jusuita , locus . u in his works , london . p. . x see henry stafford his female glory , p , to . antoninus & ribadeniera in the lives of st. dominick and st. francis. y polydor virgil de invent. rerum , l. . c. . francis de croy his first conformity , c. , . z calderinus tractat. . de interdictis , pars . c. . albertus de rosatis dictionarium , verbum campanile , philippe de marnix , le tableu de difference de la religion , pars . p. . sir edwyn sandys his relation , p. . a officium beatae mariae secundum usum sarum , f. . b dr. boyes his postils , p. . c antwerpiae . d lugduni . & e protestants appeal , bo. . c. ● . sect. . p. . f postills , p. g operum , tom. . coloniae agrippin● . p. . f bishop jewels defence of the apology part . ch . . divis . . p. . g provincialium constit . l. de sententia excommunicationis , f. . h constitutiones leg●timae , f. ● . i conciliorum , tom. . p. k excitat . lib. . bishop jewels defence of the apology , part . divis . . c. p. . l mariale pars . sermo . de coronatione mariae , pars . k. m. see bp ushers answer to the jesuits challenge , p. . c revelátionum , l. . c. k , &c. d mariale pars . sermo . pars . quae dicitur causalitatis u. e petrus opm●erus , opus chronogr . p. & ribadeniera in his life , sermo . artic. . cap. . see bishop ushers answer to the jesuites challenge , p. . f tom. . conc. in assumpt . s. barthol . g tom. . dominic . . epiphan . see ludovicus lucius hist . jesuiticae , l. . c . p. . h praefatio ad lib de ecclesia triumphante , & l. c. , . bishop mortons protestants appeal , book . ch . . sect . . i in augustin . de civit. dei , l. . cap. ult . k comment . in tim. . p. a see claudius espeneaeus comment . in tim. . p. . bishop mortons protestant appeal , book . ch . . sect. . b defensio , lib. de officio pii viri . b mr. fox his acts & monuments , vol. . p. . c defence of the apology , pars . ch . . p. . part . ch . . divis . . p. , . d dr. rainolds de idololatria romanae ecclesiae throughout , ormerod . his pagano-papismus . e bishop morton his protestants appeal , book . chap . sect. , , , . * see here , p. . * jer. . , , . c. . isay . . c. . . * acts . , . a deutr. . c. . , mat. . . c. , to . c. . ps . . , , . ps . . , . ps . . , . ps . . . ps . . , , . ps . . , , &c. ps . . . to . ps . . , . ps . . . ps . . ps . ps . . . ps . . , to . ps . . . ps . . to . ps . . , . psal . . , , , . psal . , &c. ps . . & . and most other psalms , kings , to . chron. . , to . c. . , . c. . , to . c. . , , . c. . , . ezra , &c. neh. . . &c. c. . , &c. job . . isay . , &c. c. . . c. . , , , . c. . , . jer. . . to . c . . dan. . , . c. . . to . joel . to . zeph. . . z●ch . . . hab . . acts . . to . c. . . c. . , &c c. , . ro. . , . joh. . , ● . c. . , . ephes . . . c. . . to . c. . , . b see my signal loyalty and devotion of true christians , and also idolatrous pa● gans to their soveraigns , part . ch . . p. , to . c chron. . . c. . . acts . . rom : . , . ps : . , . . ps . . . ps . . . jam. . , . is . . . c. . . jer. . . ps . . . ps . . . jer. . c. . . hosea . ● . d cajetanus , scotus , durandus , and other schoolmen , in sentent . distinct . . bellarmin . de beatudine sanctorum l. . c. . morel , becanus , manuale controvers . l. . c. . de invocatione sanctorum , sect. . * just like their drinking christs bloud and the sacramental wine in eating the consecrated dry bread . † can an ignorant country clown , novice know all that the learnedest divine ▪ physician , or lawyer knows , because he sees their faces ? f epiphanii episcopi lib. . tom. . contra haeres . haer. col . &c. see cent. magd. . col . , . dr. fulke and mr. cartwright answer to the rhemish testament , on acts . . sect. . g ann. . nu . . & . nu . . henr. de knyghton de event . angl. l. . c . col . . * see here , p. . * here , p. , , , &c. * epiphanius haeres . . col . , , ●● . nota. h joan. . . i rom. . . k isay . . nota. nota. m isay . . n jer. . , , , . o prov. . . . jac. . , , . * see mr. cartwright and dr. fulke answer to the rhemish testament , on acts . . sect. . a apparatus , an. . nu . . an. . n. b de cultu sanctorum , & de ecclesia triumphante . * cor. . , , , , , cor. . , , . rev. . i say . ● ro. . , . thes . . . tim. . . to . john . . the primer in english and latin , paris ● . f. . officium b. mariae virginis nup. r reformatum , & p● v. pontificis maximi jussu editum , ro●en . horae b. mariae ad usum romanum , antwerpiae , . p. . le●esma , petrus canisius summae doctrinae christianae , p. . catechismus tridentinus georgius bartholdu . pontanus r●●ua e parachorum , col●●●●ae agrip. . p. , , & pontific●●● romanam lib p. , . * dan. . , . * sam. . , , . * see his treatise de excellentia b. virginis mariae ; & bernardinus de busti , mariale pars . sermo . sect . ult . de gaudiis mariae . a pag. , , , , , , , , , , , . see philippus mornay hist . papatus , salmutii . p. , . vincentius belvacensis speculum hist . l. . c. . antonini chron. pars . tit. . c. , , &c. ribadeniera fleurs des vies des saincts , part . p. , &c. bernard . in rosario , & vitis patrum . b chronica pars . tit. . c. , , , . laurentius surius de vitis sanctorum tom. . theodoricus de alpodis in vita ejus , ribadeniera fleurs des vies des saincts part . p. , to . philippus mo●nay historia papatus , p. , . * see here p. , . franciscus torrensis de summi pontificis , supra concilia auctoritate , lib. . & . * id est , in eucharistia , secundum humanam & divinam naturam , writes petius canisius societat . jesu , summa doctr. christianae , de eucharist . sacramento , sect . . p. . c deut. , . chron. , . josh . . . psal . . , . * petrus canisius sum. doctr. christianae , de eucharist . sacramento , sect . , , . sec here p. . * see benedictio tabernaculi pro corpore domini nostri jesu christi in eo condendo : missale parvum pro sacerdotibus in anglia itinerantibus , anno . p. . d concilium tridentinum , sessio . decretum de sanctissimo eucharistiae sacramento , surius concil . tom. . c. , to . p. ● , to ▪ thomas waldensis doctrin . fidei , tom. . de sacramento eucharistiae , c. . sect . . * co●pus christi day , see rib●denicia & surius on that fevistal , & others postils thereon . * surius ibid. e see th. waldensis doctrinalis fidei , tom. . tit. . de missarum sacr. c. . tom. . de sacramento eucharistiae , cap. , to ● . f see the rhemists in their notes on acts . vers . . & cor. . & . g see baronius an. sect . . see here p. . hervaeus brito quodlibetti sept. qu. . tho. waldensis doctrinalis fidei , tom. . de eucharistiae sacram. c. , to . h mat. . , . c. . . c. . . c. . . mar. . ● . c. . . c. . . lu. . , , , , . c. . , to . joh. . , , . c. . . c. . . i bernardinus de busti , mariale pars . sermo . pars . quae dicitur consolationis , michael lochmair sermo , . gasper lao●ite , of the glorious mysterie of the assumption of our lady , georgius bartholdus pontanus , aureum diurnale concionatorum , ribadeniera fleurs des vies des saincts and most others in their histories and postils of her assumpnon . * here p. , , , , , . k chron. joannis bromton , col . , see st bernard in vita malachiae archiepiscopi , giraldus cambrensis , hybernia , &c. mr. cambden of ireland , p. . henr. de knyghton de event . angl. . . c. . col . . l chron. gervasii , col . . m henricus de knyghton de event . angl. l. . c. . col . , , . n chron. antonini pars . tit. . c. . sect : , to . surius de vitis sanctorum , tom. . ribadeniera fleurs des vies des saincts , part . p. , to . o ibid. sect. . f. . p paschatius rathertus de corpore & sanguine domini , cap. . bibl. patrum , coloniae agripinae , tom. . pars . p. . * plegils v. codex . * passim . * ut . q de gestis regum angl. l. . p. , . see bp. ushers answer to the jesuits challenge , p. , . * which occasioned the pagans forgery , that the primitive christians did in their feasts kill and cat an infant covered with past , and divide him amongst them , &c. minucius felix octavius , epiphanius haer : . see bishop mortons institution of the sacrament of the lords supper , book . ch . . sect . . r crantzii metrop . saxoniae , l. . c. . hist . sax. l. . c. . spondanus epit . baroni● an. . nu . . p. . ſ ribadeniera in her life , here p. . t joan. diaconus , vita gregorii . l. . c. . surius tom. . p. . henr. de knyghton de event . angl. l. . c. . col . u de vita & miraculis edwardi confes . soris , col . . x chronicle , col : . c see here , p. . fox acts and monum . vol. . p. . d de event . angl. l. . col . . * drawn perchance before with red letters , like that cheat in hospinian ; hist . sacram. l. . c. . e see fox acts and monum . vol. . p. : & p. . * see rod. hospin . hist . sacram . l : . c. . g bozius de sign . eccles : l. . h his book of the liturgy of the mass , p. & . i in his reply ; epist . to the reader . k bozius de sigh . eccles . l. c. . ribadeniera in the life of st. anthony , fleurs des vies des saincts part . p. . k parte , qu , . art. . l tom . disp . . sect : . & m. . thom qu. . a●tic . . disp . c : ● . m richardus de media villa in . sent. dist . . & scotus ibid. summa angelica eucharistia . nu . . n operum . mog●ntiae . tom. . opuscul . . de triplici sacrificio . appendix . an christus aliquando appareat in sacrificio missae sub ●o●ma carnis aut sanguinis ? * rod. hospin . hist . sacram. l. . c. . o institution of the lords supper , book . ch . . † see will. à ▪ gent. lib. mirac . in sacra eucharistia . vincent . spec. hist . l. . c. . efford . c. . rod. hospin . hist . sacram . l. . c. . p ypodigma neustriae ann. . p. . q chron. johan . bromton , . henr. de knyghton de eventibus angliae , l. . c. . col . . ranulphus cestrensis , polychron . l c. . r chronicon johan . bromton , col . genvasius actus pontif. cant. . * see ribadeniera fleurs des vies des saints on this festival a see bishop morton his institution of the lords supper , p. , to ● . , , , , , &c. archbp. cranmer , bp. jewel , dr. hoyle , mr. gataker , dr. white , peter moulin , chemnitius examen . concil . trid. pars . rod. hospinianus , hist . sacrament . and sundry treatises against transubstantiation . b sensus non fallitur circa proprium objectum , bellarmin . l. . de eucharistiae , c. . c exod. . , . num . . deut. . . c. . . c. . . c. . . c. , . c. , . josh . , . neh. , . ps . . ps . . . mat. . , rom. . . mar. , . joh. . act. . . c. . . cor. . . heb. . . see joannis scapulae lexicon col . , , , . d jer. . . dan. . . jer. . . act. . . ps . . . e est corpus christi penitus in visibile oculo corporali in eucharistia , quia nec potest videri nec per naturam , nec per gloriam , nec per miraculum oculo corporali sub sacramento , &c. richardus de media villa , scotus and others , in sent. l. . dist . . petrus lombardus , & richardus de media villa , and other scholmen . sentent . l. . dist . . summa angelica eucharistia , . whereas ocham holds the contrary . * bellarmin , canisius , summa angelica & rosella : de eucharistiae sacramento . gratian de consecratione , dist . . g exod. . , to . , . kings , , to . john . . c. . . . c. . , . mar. . . acts . . . h paschatius ratbertus de corpore & sanguin . dom. cap. . bozius de signis eccles . l. . c. . p. . bellarmin . l. . de eucharistia , c. . i see their own definition of a sacrament , & their treatises and books thereof . k paschatius ratbertus de corpore et sanguinis do mini , cap. . joannes & paulus diaconus in vita gregorii . boziue de signis eccles . l. . c. . coccius thesaur . cathol . l. . euchatistia . bellarmin . l. . de eucharistia , c. . baronius & spondanus , an. . n. . & . n. , . petr. aureolus in l. . sent. distinct . . qu. . & other schoolmen , summa angelica , eucharistia , sect . . nu . . . aquinas . parte , qu. . and other schoolmen on this text. see bishop morton his institution of the lords super , book . ch . . sect. . ●p . , , &c. i deut. . , , , , , , . isay . . k see pontificale , rituale & caeremoniale romanum . a psal . . isay . . * lessius jesuita opusc . l. . c. . joan. pallanterius de castro , lectiones aureae . bellarmin . de eucharistia l. . c. . glossa in in grat. de consecr . dist . . sect . . b deut. . ● to . heb. . mal. . , . kings . . c. . , . c mat. . , . mar. . , . d pet. . . e pet. . , , . f see bishop morton his institution of the sacrament , &c. book . ch . , , , , . book . c. . sect . . pet. moulin , bishop jewel & others . g see robertus holkot , in l. . sentent . qu. . bishop mortons institution of the sacrament of the lords supper , book . chap. . † see gulielmus stuckius , antiqu. convivalium , l. . c. . burtorfius & baldwinus wallaeus com. in mat. . v. , , . h see bishop mortons institution of the sacrament , &c. book ch . , . & the popish schoolmen ther cited . q mat. . , , . mat. . , . lu. . , . r cor. , to . ſ suarez jesait . in thom. disp . sect . . p bellarmin . l . de eucharistia , c. . greg. de valentia , l. . de praesentia corp. christi , c. . per hanc dictionem hoc nihil de. monstratur , bartholomaeas brixiensis glossa in gratianum . de consecrat . dist . . cap. timorem , f. , with others . u salmeron je●uita tom. . tract . . sect. priventur igitur , p. . archiepisc . caesariensis , defensio fidei realis praesentiae , c bellarmin de eucharistia , l. . c. . l. . c. . see bishop mortons institution , &c. b●o . . cap. . sect . . * cor. . . c. . , , . lu. . , . acts . . c. . , . * enar. in ps . . & ps . . tit. psalmi . x john ● . . heb. . , to . c. . . phil. . , . y john . ● ; . c. . , ●● . ephes . . . gal. . . cor. . . eph. . , . z acts . , . a mat. . , to . b de consecratione distinct . . cap. quia . p. . beda in cor. . c chrysost . in mat. . hom. . * ibid. & hom. . in cor. a de eucharistia l. . c. . &c. maldonet , pererius , tolletus medina , & ribera in joan. c. . a hom. & . super levit. ● enar. in ps . . tractat. , . in joan. de doctrina christiana l. . c. . ep . ad dardanum . b bibliothec. sanctae , lib. . annot. . l. . annotat. , . c maldonet . in joan. . c. . d as is evident by joh. . . c. , . to . c. . , to , c. , , &c. e mat. . , , . mat. . . &c. lu. . , &c. joh . , &c. f ver . , , , , , , , , , . g ver. . , , , , . amesius bellarminus enervatus tom. . p. , , . h john . , to . gal. . . eph. . . i see bishop morton his instit . of the sacrament of the lords supper , boo. . ch . , to . k suarez jesuit . tom. . qu. . disp . . secr . . p. . notes for div a -e an. dom. a hist . angl. p. . holinshed , speed , daniel . b annalium pars posterior , p. . c ymagines historiari , col . . mat. paris , mat. west . hoveden , henry de knyghton , holinshed , daniel , grafton , speed , in johan . annis , . d mat. paris , hist . angl. p. . hoveden annal pars posterior , p. , , , . neubrigensis hist . angl. l. . c. . mat. westm . anno . p. . antiqu. eccles . brit. p. . holinshed p ▪ , . annalium pars posterior , francofurti . p. . p. , . monast . angl. pars . p. . cartae an. . johannis reg. nu . . cartae antiquae lit . b. nu . . monasticon anglicanum vol. . p. . vol. . p. . g gualt . mapes & cambdens britania in glostershire , berkley castle h de corrupto ecclesiae statu , c. . de imimpudita vita & conversatione monialum ; quae fuerant ex monasteriis prostituta , & ex puella velata , scortum publilicum , lugdun . . p. . i onus ecclesiae , cap. , , . k de vanitate scientiarum , c. . l de continentia , l. . c. . l. . c. , . l. . c. , , , , , , . see my histriomastix , p. , , , . m de planctu ecclesiae , l. . artic. . & n radulphus de diceto , ymagines histor . col . . anno dom. . cartae johannis regis , m. . dorso . cartae johannis regis m. . dorso . chartae anno . johannis regis memb . . dorso . a hoveden annal . pars posterior . p. , . mat. paris hist . angl. p. ● . . . holinsh p. , , , . godwin in his life , p. , . b hoveden annal . pars posterior , p. , &c chartae . johannis regis m. . dorso . ● hoveden annal pars posterior , p. , , , , , . hoveden p. a hoveden annal . pars posterior . p. , . * an historical vindication of the church of england , in point of schism p. , to . b hoveden annal . pars posterior , p. , , . c see octoboni constitutiones apud johan . de aton , f. , . de procurationibus non exigendis . * here p. , . pat. . johan , regis m. pat. . johan . regis m. . n. . pat. . johan . regis , in . . n. . an. dom. pat. . johan . regis m. . intus . * annal. pars posterior , p. ● , , . * see giraldus cambrensis , itin. cambriae l. . c. . * recorded at large by hoveden , annalium pars posterior , p. . mat. paris p. . * therefore a pall from the pope was not necessary to the creating or essence of an archbishop . d therefore it was then the kings ( not popes ) prerogative to put down , create archbishops , bishopricks , enlarge , divide or unite their provinces and diocesses . e praerogativam had been truer , fitter . f o the little truth and faith of this ambitious prelates allegation . g acta pontificum cantuar. col . . pat. . johan . regis m. . n. . pat. . johan . regis m. . * to wit , by pope innocents procuration . pat. . johannis regis m . intus n. . pat. . johannis , m. . intus ▪ * additamenta mat. paris m● . f. . sir roger twisdens historical vindication of the church of england . p. . . * see mr. william tynda●s practice of popish prelates * annal. pars posterior , p. , . anno . p. . mat. westm : p. . annal , pa●s poste●ior , p. . . an intreaty only , not perempto y command . * note this memorable clause ▪ * hoveden annal . pars posterior , p. , . an. dom. pat. . johan . regis , m. . pat. . johan . regis , m. . n. . pat. . johan . regis , m. . n. . pat. . johan . regis , m. . intus . * mat. paris hist . angl. . p. . mat. westm . p. . godwin in his life , p. . anno domini . pat. . johan . regis m. . * the bishop of durham being formerly exempted by pope clements bull from obedience to him , to whom pope celestine with a non obstante , by another bull commanded him to submit . chron. johannis brompton , col. . * mat. westm . an. . mat. paris an. . p. . thomas stubs actus pontif. ebor. col . . holinshed , p. , . godwins catalogue of bishops , p. , . * they had forgotten rom. . , , . * hist . angl. an. . p. . mat. westm . p. . anno domini . a henry de knyghton , de eventibus angliae , l. . col . , to antiqu. eccles . brit. and godwin in the life of stephen langhton , mr. fox acts and monuments , edit . . vol. . p. ● , to . the fullest of all others . fabian , holinshed , caxton , cr●fton , daniel , speed , stow , baker , and others in the life of king john. b mat. paris , anno . p. , . mat. westm . p. . * no● is omitted in the printed copies of mat. paris . mat. paris , hist . p. . * this pope much forgot these laws himself in this affair . * the king had then good cause to make choise of such a one . anno d . e mat. paris p. . mat. westminster , p. . . f mat. paris , p. . g mat. paris p. . . * that custom was then very new : see bernard de consideratione ad eugenium papam , l , . pat. . johan . m. . intus . pat. johan . regi ; m. . historiae angliae p. . . mat. west . . . * mat. paris , p. . mat. paris hist . angl. p. . . mat. westm . p. . . mat. parker on the life of stephen langton . * this pope could produce no pre●ident to prove this pretended custom . mat. paris , p. . . * munera quidem magna misit , sed misit in hamo . * mat. paris , p. . * mat paris , p , . mat. westm . p. . nota. a mat. paris hist . angl. p. , . b see fox acts & monuments vol. . p. . nota. nota. mat. paris p. , . fox acts and monuments , vol. . p. , . nota. * the contrary appeared in both . * phil. . , . an. dom. mat. paris , hist . angl. p. , . nota. pat. . johan . regis , m. : n. . r pat. johan . ●gis , m. . n. pat. . johan . regis , m. . n. . pat. . johan . regis , m. . n. . ibidem . * hist . angliae p. , . * antiqu. eccles . brit. p. . † in their chronicles and histories . † william caxtons chronicle part . * hist . angliae p. , . * the king might more justly punish the parents of the archbishop and bishops who interdicted england , then they his subjects , and whole realm for his pretended disobedience to the pope . nota. * see speeds chronicle . book . chap. . sect. . p. . godwins catalogue of bishops , in the life of peter de la roche bishop of winchester . p. . in the life of philip of poitiers bishop of durh●un . p. . claus . . johan . regis mem . . ibidem . pat. regis . claus . . johan regis , m. . dors . additamenta veta . . abbattum sancti . albani . p. . . speeds . hist . p. p. . . an. dom. . mat. paris , p. . mat. west . p. . . speeds history . book . . ch . . sect. . p. * mat. paris , p. . mat. paris hist . angl. p. . mat. westm . p. , . * anno . pat. . johan . regis m. . intus , n. . * fox acts and monuments , vol. . p. . anno domini . mat. paris hist . angl. p. , . mat. westm . p. . * mat. paris , p , , . mat. westm . p. . * a cooie , or cap of lead , speeds chronicle , p. . a anno . p. . b ms. c centuria . scriptorum brit. c. . d speeds history p. . e mat. paris hist . angl. p. , . * omitted in printed copies . f ms. & speeds history , p. . mat. paris an. . p. . g centur. . scriptorum brit. sect . . p. . anno . mat. paris , hist angl. p. . edit . lond , . anno. . mat. paris . edit . london . . p. . mat. westm p. . historiae angliae . edit . londi . . p. , . * behold the popes justice . * it is a persecution in this popes judgment for the emperor to demand restitution of his unjust rapines , according to his oath . * excellent papal justice . an. dom. . mat. paris , hist . angliae p. , . mat. west . holinshed , speed , grafton , stow , anno. . * mat. paris hist . angl. p. , , , , . mat. westm . p. . * mat. paris , ibidem . * caxtons chronicles , pars . king john , and fox acts and monuments , vol. . p. , , . * an undutifull obstinate answer . * a strangedisloyal oath , & insolent answer * had he not just cause ? * by the popes and bishops instigation , see speeds chronicle , p. , . † a royal and gracious answer . * a most ise● lent reply . * a strange unparallel'd an●christian antimonarchical message and sentence , delivered to theface of a king in his kingdom , & in the presences of his own parliament . * he tells us not where it is written . * a strange unparallel'd insolency & contumacy . * answer to cook , part . c. . speed p. . an. dom. mat. paris hist . angl. p. , . mat. westm . p. , . * equissimos had been better , truer . mat. paris hist . angl. p. . anno . hist . angl. p. ● . . mat. westm . p. . * acts and monuments , vol. i. p. . * note the fruits of this popes interdict . an. dom. . mat. paris hist , angl. p. . mat. westm , p. , . claus . . joh. rs. m. . dorso . anno domini . . mat. paris hist . angl. p. . . mat. westm . p. . . * of being reputed a turn-tayle , or run-away , for which offence , he not only became for ever infamous , but likewife forfeited all his lands , goods , hand , and life too in some cases ; s●e leges canuti , pars . c. . . concil : aenhamens . c. . leges cont●ssoris cap. de heraetochiis & hom. ● c. . gulielmi s●mneri glossarium tit. fridwita . spelmanni glossarium , and dr. wats his glossarium . tit. cnl. vertagium . a mat. paris , p. . mat. paris hist . angl. p. . mat. westm . p. , . mat. paris hist . angl. p. . , ● . mat ▪ westm . p. ● ▪ . nota. anno ▪ a chron. part . johan . b speeds history p. . fox acts and monuments , vol. . p. . c in phil. augusto , speeds hist . p. . mat. paris hist . angl. p. . mat. westm . p , . * all the premises prove the contrary , that it was done by fraud , force , circumvention , against his will , and without the barons advice . * observe that it is not said , his testibus , but coram h. &c. they refusing to subscribe such an execrable deed , sealed and delivered only in their presence , if at all . mat. paris , hist . angliae p. , . * how this came to be st. peters patrimony , against his expresse precept , pet. . , to . c. . , , . i cannot define . * book . . chap. . . mat. paris hist . angl. p. ● . ● mat. paris p. . . * mat. paris p. . * it was but duodecim as the record resolves . pat. . johan . regis m. . dorso parte prima . pat. . johan . m. . intus num . . pat. . johan ▪ regis ▪ ● . pat. . johan . regis parte secunda m. . intus . claus . . johannis regis , parte . dors . m. . pat. . johan . regis , parte . m. . intus . mat. paris hist . angl ▪ p. , . * lo the kings transcendent humility to these traytors , who should have fallen down on their knees to him . * non ▪ claus . johannis regis , parte . m. . dorso . claus . . johannis regis , pars . m. . dorso . claus . . johannis regis , pars . m. . dorso . mat. paris hist . angl. p. , . mat. paris , p. . hist . angliae . p. . . rog wendover . n. s . speeds . hist . p. . * mat. paris . p. . pat. . johan . regis part . m. . . intus . * tit. ▪ . * mat. paris p. . * misprinted injancto . * a forgery for the popes advantage . * he was neither . † a likely story * a very probable tal● that he should thus defame king john , and yet be rewarded and advanced by him for this embassy . * a likely story . * it was granted him years , or more before this fictitious embassy . * the true ground of this fiction , and ●lander of king john. * note this embassy or his relation of himself and king john. * speeds history p. . * speeds history p. . * hist . p. . speeds history p. , . mat. paris hist . angl. p. . * a true character of pope innocent . claus . johannis regis , parte . d●●s , m . mat. paris hist . angl. p. , . * a very royal guard. * mat. paris . p. . * it seems there was but one charter , yet twice sealed and delivered , as this passage intimates . carta johannis regis , num : : intus * sigillo nostro * humiliemus . * interdicti . * conferimus . * ab eo . * secundarius ▪ * not in the first ▪ * not in the first * not in the first * obligationis . * not in the first * obligationis . carta johannis regis namero . * eorum . * obligationis . * those bishops only attest it who were banished . * of the popes temporal monarchy , p. , . a de romano pontif. p. , b pars . c. . . . c de planctu eccles . lib. . artic. . to . d de donatione constantini p : . to . see dr. crakenthorp of the popes temporal monarchy , cap : . p. , ●● e baronius anno . num . . dr. craken-thorp of the popes temporal monarchy , p. . f part. . c. n. . c. : n. . c. . n. , , . g de potestate romano pont●f . l. . c. . n. . c. . n. . c. . n. h ecclesiast : c. . p. . . dr. crakenthorp of the popes temporal monarchy , p. , , , , , . a apologia pro torto c. , . stanisl . christ . in exam. cathol : f. . baronius , anno : n , , . becanus contro . angl : qu. . n. , . c. . n. . dr. crakenth : of the popes temporal monarchy , p. , b mat : paris , p. , &c. c see halls chronicle , holinshed , fox , stow , baker , & others . d in the supplicat : of souls : see speeds hist : p. . e hist . of irel. l. . c. . f aeneadis . l. basileae , . p. . g mat. paris , mat. westmin . wendover , polichronicon , walsingham ypodigma . bromton , hen. de knyghton , speed , holinshed , graston , stow in his life . * edit . . g histor . l. . h cent. magd. . c. . col . . speeds history , p. . a annis , , . p. . b mat : paris ▪ ● ▪ . archiepiscopo dolente & reclamante , c mat. parker , ant●qu . eccles . brit. ● . d hist : angl. p : , edit : londini . nota. ● gervasius dorobernensi antiquitates ecclesiae brit. in vita edmundi & godwins catalogue of bishops , p , . hist . angl. p. . hist . ang. edit londini p. . * mat. paris p . * dr. crakenth ▪ of the popes temporal monarchy , ch . d. , . speeds history , p. . mat. paris hist . angl. p. . . hist . angl. p. . hist . angl. p. . nota. hist . angl. p. . . * permiteret . nota. nota. mat. paris , p. . . * see mat. paris , mat. westminster , holinshed , daniel , speed , & others anno h. . a hist . angl. p. , . b flores hist . pars . p. , . * antiqu. eccl. brit. p. . * hist . angl. p. . * hist . angl. p. . † hist . angl. p. . * prov. . . pet. . . rot. parl an. e. . n. , . num. . a i cor. . . i thes . . b summa angelica & rosella , tit . dolus & fraus , gratian caus . . qu. . & . qu. . . qu. . littleton , sect . &c. cookes i instit . f. . . b brook & fitzherbert abridgment , tit . covin , collusion , duresse c summa angelica & rosella tit . judex . littleton , sect . , r. . c. . . i h. . c. . e . cooks i instit : f. , . & report f. . instit . f. , . alensis , sum. theolog. pars . qu. . sect . i. qu. . artic. . d hobards reports . f. , . * h. . c. . h. . c. . h. . c. . h . c. . h . c. . edw. . c. . eliz c. . eliz. c. . brook patents , , , . . . . fitzherb . grant , , , , , cook rep. f. . to . rep. f. . . rep. f. . . rep. f. . . rep. f. . . . * acts . . , . * here , p. , . * here , p. ▪ &c. * john . . * here , p. , to . * here p. , to . * here , p. see r. . c. . h . c. eliz : c. . jac. c. . * prov. . , dan. . . * acts . , ▪ c. . . * most of our historians ignorantly stile it , an obligation , from matth : paris his mistake . * de planctu eccles . l. . art. . * see sir humfry lyndes via devia , bishop morton of the church , bellarmin . de ecclesia ; dr. john whites way to the true church , & defence thereof * see here , p. . * hist . angliae p. . * liberate h. . mem . . intus . anno . * mat. paris , hist : p : , . antiqu. eccles . brit : & godwin in the life of richard anno. . liberate . hen. . mem . . intus . claus . . h. . part . mem . . intus . * they deemed not the pope alone , to be the church of rome in that age . claus . part . anno. . hen. . mem . . intus . anno . liberate . hen. . mem . . intus . * here p. , , . anno . * hist . angl. p. , . nota. anno . liberate . hen. . mem . ● . intus . hist . angl. p. . * mat. paris , hist . p. . anno . liberate h. . m. . intus . anno . liberate h. ▪ m. . intus pro domino papa . * histor . angel p : . anno . pat. h. . m. . intus . anno . pat. . hen. . mem . . intus . anno . anno dom. . claus . . edw. . mem . . dorso . claus . e. ● . m. . liberate e. . m. . intus . * here , p. , . pat. . edw. . mem . . intus . liberate . edw. . mem . . intus . pat. . edw. mem . . intus . pat. . edw. . mem . . intus . pat. . edw. . mem . . intus . de pensione concessa cardinali . nota. * surius concil tom. . p. , . a in cod. de omni agro desert . l. quicunque desertum . f. , . parisiis . b dr. crakenthorps defence of constantine cap. . p. . . c index expurgat . juxta concil . trident. decretum phil. . regis catholico jussu concinnatus . d in prooemio de feud . n. , anno . a in rubr. ff . de verborum obligat . b de pontificis potestate axioma . c pract. quaest . c. . nu . . d boetius epon heroic . quaes . qu . nu . . e ibid. quaest . . nu . . ● ibid. num . . * glossa in cap. constantinus , post . . qu. . nu . . g de quadrienii praescript . bene à zenonii nu . . f. . col . . h de jurisdict , jud : lex finali s. per iniquum n. . f. . a monarchiae . pars . c. , p. , , , , . b de jure belli & pacis l . cap . sect . . to &c. c belluga in pr. ●pec . in rub . . p. , & . roch. de curte de consuet : q. . col . tom. . & alii alegat . a vasq . lib. . cap. . * smith de rep●b . angl. c. . b●ch . in baliolo . frossard . l. . c. . & . monstrel hist . c. . &c. guicc . l. . d alberic . in c. intellectos de jurejur . bart. in l. prohibens plane d. quod vi . corset ●n tract : de excell : regis q. . loazes alla vasq . c. . natat cons . . boni● . rug. cons . . u. . f fol. . c. . e de jure belli & pacis l. . c sect . . p. . g de jure belli l. . c. . sect. , , . h tacitus hist . l. . i curt. jun. cons . . n. . cons . . n. . c●avetta de autem , . p. . partis primae n. . bell. in spec . princ . rubr . . ant. gabr. lib. tit . de jure quaes . non tollendo concl . n. . & concl . vide citatos per rein●ingium , libr. . class . . cap. . num . . * the general hist : of france p. , , grimstons imperial history , p. , . bodin in his common-wealth , lib. . p. , , , . nota. nota. nota. nota. see bodin in his common-wealth , lib. . p. , . ( a ) lambardi archaion , fox acts & monum . vol. . p. , bp. bilsons true difference &c. part . . p. . a chronicon johan . brompton col . , . b historiae ang. l. . c. . * see here , p. , , . c chron. johan . brompton , col . . nubrigensis hist . l. . c. . grafton , p. . . d mat. paris , hist . angl. p. , . speed , p. . daniel , p. , , , . grafton , p. a hist . angliae , p. . b see walsingham , holinshed speed , daniel ; an : . e. . & the parliament rolls . notá . c walsingham , hist . p. . speeds history , p. . daniels hist . p. . henry de knyghton de eventibus angliae , l. . c●l . . a see an exact abridgement of the records of the tower , p. , , , , , , . , , , , , , , , b e . . e . . fitzh . q● . impedit , , , , , presentment al esglisse i. livery . h executors , . . h . . h . fitzh . devise . plowden f. , . . e . f. . b. cook re● : f. . instit . f. . b. . a. c hills chronicle f. . ● . ● daniel f. , , . d fox acts and monuments , vol. . p. . . . e e . c. . r. . c. . see brooks abridgment , & ashes tables , tit . duresse . f galfrid . monmutensis hist : regis brit. l. c. , , , , . a ingulphi hist mat. paris , mat westm . huntingdon , hoveden , walsingham , ypodigm . brompton , higden , polychronicon , fabian , knighton , holinshed , daniel , stow , grafton , sir jo h●ywood and others in the life of k. harold . radulphus de d ce●o abbreviationes chronicon col . . eadmerus hist . novor : l. . p. . &c. b mat. paris , p. , to ● . speeds history . c mat. paris , hist . p. , . * see cooks instit . the preface ▪ mat. paris , p. , , , , , , , , to . , , , , , , , , . a cod. de transactionibus l. interpositas , honorius & theodosius cod de iis quae vi & metu gesta sunt l. venditurus b abbas uspergens . chron. ann. , ▪ p. , . alb. stadius & nauclerus , an. . * mat. westm . anno . p. , . an. dom. mat. paris ▪ hist . angl. p. , . * this clause was formerly inserted into all the kings conge desliers , or licenses to elect . * here p. , to . * mat. paris , additamenta , . sir roger twisdens historical vindication , p. . an dom. mat. paris hist . angl. p. . nota. an. dom. claus . johannis regis , pars . memb . . dorso . the clause roll differs in some particulars from the print in matthew paris . mat. paris hist angl. p. . * hiis quibus facta est restitutio in manus fecerit assignari . so the clause r●●● * solutis . * omitted in mat. paris . * idem se . * munitas . * cestriae & wintoniae , comitum ▪ claus . joh. regis , pars . m. . dorso . pat. johan . regis , pars . m. . intus . pat. johan . regis , m. . anno dom. . mat. paris , histor . angl. p : . mat. westm . anno . * mat. paris , p. . pat. . johan . reg. par. prima . m . intus . pat. . johan . reg. par. . m. . intus . mat paris . hist . angl p. . claus . . johan . reg. par . . m. . intus . claus . . johan . par . . m. . intus . charta johannis regis , m. . intus . * here , p. , , . * mat. paris , hist . angl. p. . * mat. paris , hist . angl. p. . * mat. paris , hist . angl. p. , , to . speeds history , p. , . roger de wendover . holinshed , grafton , daniel . anno . * mat. paris , hist . angl. p. . * mat. paris , hist . angl. p. , . * mat. paris , hist . angl. p. . * mat. paris , hist . angl. p. . * mat. paris , hist . angl. p. . * mat. paris , hist . angl. p. , . anno . * mat. paris , hist . angl. ● ▪ . charta johannis regis , part . m. . intus . carta . johannis regis ▪ m. . intus in cedula . * here ▪ p. ● hist . p. . claus . . johan . regis . m. . dors . * popes cannot only ruffle but prophanly swear , when their own usurped interests are concerned . mat. paris hist . angl. p. . . * deo , & pa●●o , are omitted . * he mentions no other charter but this . * did not himself excite his his own prelates , barons , sub●ects , the french , and all christian souldiers against him by like subtile arts ? * famulari . * was not his own absolving of them from their oathes of allegiance more unjust ? ● here , p. , . claus . johan . reg. m. . dor●o . mar. pa●is ▪ hist . angl. p. . . * here , p. . * mat. paris , p. . anno dom. . mat. paris , histor . angl. p : , . nota. note . mat. paris , p. . ● . claus . joh. regis , m. . dorso . * patrimonium signifies only an inheritance actually vested in the father , and from him descending or bequeathed to his children , not to his successors or meer strangers , as popes are to st. peter . an. dom. ● mat. paris hist ▪ angl. p. , , . * popes can swear publickly ▪ claus . joh. regis , m. . dorso . * her● p. , . pat. johan . regis . pa●s . m. . intus . pat. johan , regis , pars . m. . dorso . chart. joh. regis , m. , doiso . * mat. westm . anno . p. . mat. paris hist . angl. p. . * omnium . * by way of provision . mat. paris , histor . angl. p : . nota. vitae viginti trium sancti albani abbatum , p. . * mat. paris , hist . angl. p. , . * mat. paris , p. . pat. johan . regis , pars . m. . intus . claus . . johan . regis part . spiscissima m. . dorso . claus . . johan regis , dors . . ibidem . claus . . johan . regis , dors . . claus . . john. regis part . spiscissima m. . dorso . chart. . johan , regis , m. . carta . johannis regis , m. . intus in scheduia . pat. johan . regis , pars . m. . dorso . ibidem . ibidem . claus . joh. regis , pars . m. . dorso . ibidem . pat. johan . regis , m. . dorso . cl●us . jo● regis , ●a 〈◊〉 ● . m . dorso . ibidem . * see godwins catalogue of bishops , p. . claus . joh. regis , pars . m. . intus . godwins catalogue of bps. p. . in the life of joceline . pat. johan . regis , pars . m. . dorso . chart. joh. regis , m. . an. dom mar. paris hist . angl. p. , , . * this was the only motive , ground of these excommunications . * were not this pope , the exiled archbishop and bishops worse then the barons or saracens , when himself abetted them in their treasons before his surrender of the crown ? mat. paris , histor . angl. p : , . nota. * ecclesiasticarum . * here p. . * here p. , . mat. paris hist . angl. p. , . * mat. paris , hist . angl. p. , . * mat. paris , hist . angl. p. . * mat. paris , hist . angl. p. a . note . * mat. paris , hist . angl. p. . . * fuit . * therefore king john being supream in his own realm , by st : peters doctrine , this pope could neither excommunicate him , nor depose him from his crown , whiles absent and unheard at he did , nor examin his title to it . * his very case in relation to pope innocent , when interdicted , excommunicated , deprived , by him , being then his capital enemy . * how then could he deprive him & his heirs being guilty of neither ? nota. * why would himself do it before his charter of surrender by war & force of armes ▪ * non . a mat. paris , hist . angl. p. . speed , p. . holinshed and others . b here , p. . c acts and monuments , vol. . p. , . d history of great britain , p. , . e mat. paris , anno . f mat. paris , hist . angl. p. . g here , p. to . * fox acts and monuments , vol. . p , to . mat. paris , hist . angl. p. . caxton , speed , daniel , graftor , holinshed , baker , anno h. . an. dom. * ezech. . mat. paris , hist . angl. p. . * therefore a free gift , not rent or tribute . mat. paris , hist . angl. p. , , . mat. paris , p. . mat. paris , p. . an. dom. pat. . hen. . m. . dorso . an. dom. mat. paris . claus . . h. . m. . intus . pro waterford episcopo de episcopatu lismore hibernia . an. . claus . . h. . m. . dorso . claus . . h. . m. . dors . claus . . h. . m. . dors . pat. hen. : m. . dorso . an. dom. pat. hen. . m. . * here p. . claus . hen. . m. . dorso . claus . hen. . m. . intus . pat. hen. . dors . . * mat. paris , p. , ▪ an. dom. mat. paris , p. . godwins catalogue of bps. p. . mat. paris hi●● . angl. p. . godwins catalogue of bps. p. . * mat. paris , hist . angl. p. , , . * mat. paris , hist . angl. p. , . godwins catalogue of bps. p. . mat. paris hist . angl. p. . claus . hen. . m. . intus . pat. hen. . m. . dorso . claus . . h ▪ . m. . intus . pat. . hen. . m. . intus . mat. paris , hist . angl. p. . * his epis●●pa● vertues . mat. paris , hist . angl. p. ● . claus . h. . dors . . mat. paris hist . angl. p. , . godwins catalogue of bishops , p. . * here p. . an. dom. hen. . an dom. . mat. paris hist . angl. p. , . mat. westm . anno . walsingham ypodigma neustriae , an. . mat. parker antiqu. eccles . brit. p. . hen● ▪ de bracton , l. . c. . f. , . &c. . f. . b. fleta l. . c. . polychron . l. . c. . holinshed , speed , stow , grafton , anno h. . johan ▪ de aton constitutiones legitimae ecclesiae totiusque regionis anglicanae , fol. . gulielm . lyndewode provincialis , l. . de sententia excommunicationis , fol. , , &c. * here p. , : * in cantica sermo . . & ad clerum sermo in concil . remensi . claus . hen. . dors . . an. dom. * here p. , , . mat. paris hist . angl. p. . mat. paris hist . angl. p. , . * here p. , . claus . . h. . m. . dorso . claus . . h. . m. . dors . claus . hen. . m. . dorso . claus . . h. . m. . dors . claus . hen. . m. . dors . † si suggesta . * inimicis . mat. paris , hist . angl. p. . an. dom. mat. paris , ibidem . * mat. paris hist . angl. p. , . mat. westm . anno . p. , . * here p. . . claus . . hen. . m. . dorso . claus . . h. . m. . dors . claus . . h. . m . dors . pat. . hen ▪ part . . m. . intus . claus . . h. . m. . dorso . nota. * britton . c. . surius concil . tom. . p. . b. pat. . hen. . m. . vel . intus . * britton c. . cookes . instit . p. . . pat. . h. . m. . an. . h. . * for wresting his crown and kingdom from him . an. . h. . pat. . hen. . part . . dors . . * hilariter . an. dom. mat. paris hist . angl. p. . claus . h. . m. . intus . * here p. , . anno h. . claus . h. . m. . mat. paris , hist . angl. p. , . * here p. . mat. paris , hist . angl. p. . an. dom. . mat. paris , hist angl. p. . mat. westm . anno . p. . nota. * st. peter was far poorer then any of his successors , yet took no bribes . † popes cannot live without bribes . * what security had they for this ? mat. paris , & mat. westm . ibidem . mat. paris hist . angl. p. . mat. paris , ibidem . nota. mat. paris hist . angl. p. . mat. paris , p. , . an. dom. . mat. paris hist . angl. p. , . * the popes own legates little regarded his letters when they crossed their designs . pat. h. . m. . intus . pat. h. . m. . intus . anno h. . * historias . an. dom. mat. paris hist . angl. p. . mat. westm . p. . nota. mat. paris hist . angl. p. , . mat. puris hist . angl. p. . godwins catalogue of bps. p. , . * here p. , . mat. paris hist . angl. p. . * here p. . * here , p. , , . mat. paris hist . angl. p. , . godwins catalogue of bishops , p. . pat. h. . pars . m. . intus . mat. paris hist . angl. p. . godwins catalogue of bps. p. . an. dom. mat. paris hist . angl. p. . edit . lond. . mat. westm . p. . * here p. . pat. h. . m. . * mat. paris ●vers the contrary . pat. hen. ▪ part . . m. . intus . * the pope commands , but the king only petitions his bishops . claus . h. . m. . intus . * here p. . claus . h. . m. . intus . * here p. . an. h. . mat. paris , hist . angl. p. ● . . * did not the ▪ blood of christians , shed in this needlesse war , cry louder ? anno . mat. paris , p. . an. dom. . hen. . * were not the popes usuall dispensations with such vowes and oathes , yea the oathes of subjects alegiance to their soveraign , a far greater scandal and detriment to christianity ? * he preferred his own arbitrary papal will before god or the emperor . nota. * by what decrees of god ? an. dom. ▪ mat. paris , hist angl. p. . . mat. westm . anno . * did not this pope and others who preceeded and succeeded him , much more do it , then this emperor ? * excambium . nota. mat. paris hist . angl. p. . * nota. nota. mat. paris , hist . angl. p. . claus . h. . m. . dorso . mat. paris , hist , angl. p. . anno . mat. paris hist . angl. p. . * hist . angl. p. , , . an. dom. . mat. paris hist . angl. p. . mat. paris hist . angl. p. . * mat. paris , hist . angl. p. , . mat paris hist . angl. p. , to . anno . mat. paris hist . angl. p. . * here p. . mat. paris hist . angl. p. . mat. parker antiqu. eccles . brit. p. . in richardo . godwins catalogue of bishops , p. , . anno . mat. paris hist . angl. p. . mat. paker antiqu. eccles . brit. and godwins catalogue of bishops , in the life of richard. * if popes can judge for meer bribes , promises , as here , why not erre likewise in judgement sitting in their chairs ? mat. paris hist . angl. p. . mat. paris hist . angl. p. . mat. parker antiqu. eccles . brit. & godwin in the life of richard the great . * let him shew by what text such a plenitude of power , to conferre all bishopricks by his bulls and provisions , without due election , or kings consent , is granted to him or peter . * had it not been for this neither the pope , nor king , nor bishop elect would have contended for the bare spiritual office . * perfidiosissimi proditoris had been a truer epithite . * in treasons and rebellions against his lawfull soveraign , and the pope too at last . * without any precedent election . * the tenth , and money promised him , not gods grace , procured his provision . mat. paris , hist . angl. p. . godwins catalogue of bps. p. mat. paris hist . angl. p. . * he had not then paid for it , being neversent but for ready money payd down . mat. paris hist . angl. p. . * here p. , , . clans . h. . m. . intu . ▪ anno . pat. h. . m. . intus . pat. h. . 〈◊〉 . . intus . claus . h. . m. . intus . * here , p. , pat. h. . m. . intus . pat. h. . m. . intus . an. . claus . h. . m. . dorso . pat. h. . m. . intus . pat. h. . m ▪ . * here p. . to . mat. paris , hist . angl. p. . mat. westm . an. . mat parker antiqu. eccles . brit. p. . * he might lawfully do it when the pope would not absolve , nor the bishops crown him , or celebrate divine service before him against gods command . * did not the pope in truth rather do it then the emperor ? * it seems monks as well as popes presumed to excommunicate the ▪ emperor , even whiles excommunicated by the pope . an. . mat paris , hist . angl. p. . mat. westm . p. ▪ mat. park ▪ antiqu. eceles . brit. p. . * an impious falshood . * did emperors inrich the church of rome to make war against themselves ? * how proves he this ? * pudorem & incommodum had been ●itter . * here p. . * o their basenesse . * the popes taxes must be at the improved clear value , to make them slaves , double to that they payd the king to make them freemen . * when did christ or st. peter give him commission to undertake such a war , to kill and destroy instead of feed his sheep and lambes ? mat. paris , hist . angl. p. . mat. parker , antiq. eccles . brit. p. . * this pope was an universal fle●cer and fleyer of all his sheep , instead of a faithfull feeder of them . mat. paris , p. . . mat. west . p. , . anno . mat. paris hist . angl. p. . claus . h. . dors . . claus . h. . dors . . mat. paris hist . angl. p. , . mat. westm . p. . mat. parker antiqu. eccles . brit. p. . & godwin in his life , p. , . holinshed p. . mat. paris hist . angl. p. , , mat. parker antiqu. eccles . brit p. , . godwins catalogue of bishops , in his life . mat. paris hist . angl. p. , . mat. paris hist angl p. , . mat. westm . anno . p. , . mat. parker antiqu. eccles . brit. p. , . godwins catalogue of bishops , in the life of st. edmund . * here p. ▪ anno . pat. hen. . m. . mat. paris hist . angl. p. . mat. parker antiqu. eccles . brit. p. , . pat. hen. . m. . pat. hen. . m. . pat. hen. . m. . mat. paris , hist . angl. p. , . mat. westm . anno . mat parker antiqu. eccles . brit. p. , . godwins catalogue of bps. p. , . mat. paris hist . angl. p. . mat. parker antiqu. eccles . brit. p. . & godwin . anno . mat. paris hist . angl. p. . mat. parker antiqu. eccles . brit. p. . * money will dispense with , and make any thing lawfull at rome , though prohibited by a general council . mat. paris , p. . mat. park . p. . anno . mat. paris p. . anno . . mat paris hist . angl. p. , . mat. westm . p. . mat parker antiqu. eccles . brit. p. . . holinshed , speed , grafton . prohibitione redderentur firmae vel redditus romanis . * the pope is here beaten with his own sword , see p. . , . anno . mat. paris , p. . matth. westm . p. . mat. paris hist . angl. p. . see holinshed , grafton , speed , daniel . in h. . mat. westm . p. . mat. paris , hist . angl. p. . claus . h. . m. . dors . anno . claus . h. . m. . intus . anno . mat. paris hist . angl p. , , , . mat. westm . anno . mat. paris hist , angl. p. . holinshed , speed. * h. . c. . h. . c. . h. . c , . h. . c. . h. . c. . keilway , fol. , to . stamford , lib. cap. . halls chronicle , fol. , . e. . fol. . h. . f. , . and brooke , sanctuary . mat. paris , hist . angl. p. . * here p. . magna chatta c , . anno . mat. paris hist . angl. p. , , . * note this . * where then was the unity , which romanists make a note of their church , as the only true one ? * let popish votaries note this . * note this their depravation . * did not this pope himself do thus ? anno . mat. paris , hist . angl. p. . anno . pat. hen. . m. . dorso . see cooks instit . f. , . anno . claus . h. m. . dorso . anno . pat. hen. . m. . mat. paris hist . angl. p. . , . mat. paris hist . angl. p. . claus . h. . dors . . * see glanvil . c. . bracton l. . c. . fleta l. c. . cooks inst . p. , . olaus . h. . dors . . * cooks inst . p. , . claus . h. . memb . . h. . ●●o claus . h. . m. . dorso . pat. h. . m. . dorso . mat. paris hist . angl. p. , , , . * matris , * their true repentance alone without their expensive pilgrimage to the holy-land , would have obtained such a pardon . mat. paris , hist . angl. p. . romanorum avaritia obfuit negotio crucia . ▪ h. . anno . claus . h. . part . . m. . intus . claus . h ▪ . m . intus . claus . h. . part . m. . intus . * hist . angl. p. , to , edit . londini . claus . h. . part . m. . dorso . ibid * hist p. ● edit . ● . claus pars claus . h. . pars . m. . intus . hist . . claus . h. . part . m. . intus . claus . h. . part . m. . anno . mat. paris hist . angl. p. . * here p. , . claus . h. . part . m. . intus . claus . h. . m. . mat. paris hist . angl. p. , . mat. paris hist . angl. p. . * vitae viginti trium sancti albani abbatū , p. , to . literae missae domino regi , d● ob●●u abbatis willielmi . cancellario . ut conveniant priores cellarum ad electionem . de progressu electionis . literae miss● domino regi pro praesentatione electi . scribit dominus rex , domino papae , pro nobis in hoc negotio . continuatio & regressus ad materiam . nota. nota. consuetudo in ecclesia sancti albani , eligendi abbatem . literae excusatoriae episcopi londoniensis . confirmatio & electi . literae elyensis episcopi ad conventum sancti albani . literae elyensis episcopi super hoc domino regi . charta confirmationis . mat paris hist . angl. p. , . vitae . sancti albani abbatum , p. * regalis in the history . * see cookes . instit . on littleton . f . . * not excerting the kings inhibition . * a miserab'e servitude and expence , only to enslave and fleece them . * they may do all this by his dear bought dispensation . mat. paris . vita . sancti albani abbatum . p. . mat. paris hist . angl. p. . . mat. paris hist . angl. p. , . anno . mat. paris , hist . angl. p. . the scope o● these decretais ▪ mat. paris hist . angl. p. , , . nota. mat. puris hist angl. p. . nota. * st. peter was here too strong for st. paul. * see here p. . mat. paris , hist . angl. p. . nota. mat. paris hist . angl. p. . mat. paris hist . angl. p. . * see here p. . . a surius concil . tom. . ps . see cook instit . p. , . & instit . sect. , . see brooke and fitzherbert title bastardy . b de legibus & consuetudinibus angliae , lib. . c. , . see here p. . * here p. . c de legibus & consuetudinibus angliae , lib. . de exceptionibus , c. . f. , , . nota. * see cookes . justit . p. . . a surius concil . tom. . p. , , . richardus de med. villa . in . distinct . . artic. . qu. . summa angellica & rosella tit. matrimonium & sacramentum . b surius concil . tom. . p. . tom. . p , . see claudius espensaeus de continentia . dr. halls honour of the married clergy . c matrimonialis causa hodie ad episcopum pertinet . gratian caus . . qu. . surius tom. . p. , . d lib. . c. . f. . b. claus . h. . m. . dorso . * here p. , , , . pat. hen. . m. . intus . pat. h. . m. . intus . claus . h ▪ . m. . do●so . * here p. . claus . h. . m. . dorso . claus . h. . m. . dorso . anno . claus . h. . m. . dorso . claus . h. . m. . dorso . claus . h. . m. . pat. . h. . m. . dors . * by vertue of king johns charter , here p. . * co. ● ● pat. . h. . m. . dorso claus . h. . m. . dors . claus . h. . m. . dors . * here p. , , , , . claus . h. . m. ● . dors . ibidem . * see here p. , . claus . . h. . m. , . ibidem . claus . . h. . m. . dors . claus . . h. . m. . intus . claus . . h. m. . intus . pat. . h. . m. . intus . claus . . h. . m. . dors . claus . . h. . m. . dors : claus . . h. m. . intus . a flores hist . anno . p. . b hist . angl. p. , . godwins catalogue of bps. p. . * mat. paris , hist . angl. p. . miserabilis status angliae . * mat. paris , p. . mat. westm . p. , . * hist . angl. p. . † mat. westm . p. . adventus ottonis legati in angliam . mat. paris , p. , . legati modestia . * mat. paris , p. . mat. westm . p. . indignatio nobilium angliae contra regem . mat. paris hist . angl. p. , . nota. nota. * christ never went nor sate , in such state , ornaments , procession , nor the apostles & st. peter in their first council , act. . as this legate did . † christ was no such shepherd as this legate , and proud prelates . * a learned argument , worthy observation , against st. peters pretended primacy see mat. west . p. . * see here p. . a prohibition to this purpose to the bishops assembled at gloucester . * this fear was an evidence of his guilt . * pluralities for private persons pomp and state preferred before the general good of the peoples souls . mat. paris , p. . * hist . angl. p. , &c. * mat. paris , p. . jusjurandum calumniae . nota. mat. paris hist . angl. p. , . mat. paris p. . * and is it not so still ? * hist . angl. p. , to . † mat. paris , p. . * mat. paris , hist . angl. p. . * see here p. &c. . to . . mat. paris hist . angl. p. . mat. paris , p. . mat. paris , hist . angl. p. . mat. westm . p. . baldewinus imperator . constantin . in graeciam armata manu tendit . mat. paris hist . angl. p. . antiochenes se praesert romano pontifici . mat. paris hist . angl. p. . mat. westm . p. ● . imperat. constantin . victas ad imperat. fr. confugit . anno . mat. paris hist . angl. p. . pat. h. . m. . dorso . pat. h. . m. . mat. westm . anno . p. , . mat. paris hist . angl. p. . . discordia inter legatum & scholares oxonienses . nota. mat. westm . p. . mat. paris , p. . reconciliatio universitatis oxoniae cum legato . pat. . h. . m. . intus . pat. . h. . m. . pat. . h. . m. . pat. . h. . m. . pat. . h. . m. . intus . pat. . h. . m : . intus : concessio facta domino legato de ordinando per ipsum de tricesima . pat. . h. . m. . pat. . h. . m. . * see here p. . pat. . h. m. . intus . de appellatione . pat. h. . m. . intus . de vicaria facienda . pat. . h. . m. . de procuratore constituendo . pat. . h. . m. . intus . de procuratore constituendo . pat. h. . m. . mat. paris , hist . angl. p. . , . legatus studet pacem facere inter regem & suos magnates . * mat. paris p. . , , . edit londini , mat. parker , and godwin in vita edmundi . mat. paris , hist . angl. p. . godwins catalogue of bishops . p. . mat. westm . anno . p. . mat. parker , p. , . † mat. paris p. . mat. parker , and godwin in vita edmundi . † note the rasures and forgeries of monks . chronicon , willielmi thorn. col. , . willielmi thorn. chron. col. . * mat. paris , hist . angl. p. . mat. westm . p. . * mat. paris , hist . angl. edit . londini . p. , . * mat. paris , hist . angl. p. . mat. westm . p. , . godwins catalogue of bps. p. , . * mat. paris , hist . angl. p. , . * mat. westm . p. . † i tim. . . * mat. paris , p. . * mat. paris , p. . * mat. paris , hist . angl. edit . londini . p. . * see here p. , to . * mat. paris , p. , . * mat. paris , p. , , &c. * mat. paris , hist . angl. p. , to . anno . a mat. paris , p. , . de symonia . acceptatio statutorum . b mat. paris , p. , . c mat. paris , p. . see gratian de consccratione , dist . . bochellus decreta eccles . gal. l. . tit. . hostiensis summa l. . tit. de consecratione ecclesiae , summa angellica & rosella , tit. consecratio . * christ and his apostles instituted and celebrated it alwayes in unconsecrated places . d see my canterburies doom p. , to . anno h. . e here , p. anno . f mat. paris , p. . legatus domum vocatus manet in anglia rege procurante . g legatus non recessit procurante rege . h mat. paris , p. , . i concilium londinense inter episcopos angliae et legatum . k mat. paris , hist . angl. mat. western . p. . ingressus legati in scotiam . l mat. paris , p. , , . rob. de tuinge miles romam adiit . m magnates angliae aegre ferunt se privari jure patronatus ecclesiarum . n literae magnatum angliae ad papam . * then this mischief began as to lay patrons , though some years before this letter . * mat. paris , ●●i●●m . literae papales ad magnates ▪ mat. paris , ibidem . litera papae ad legatum . mat. paris , hist . angl. p. . . mat. paris , p. . cantuariens●● episcopus molestat monachos . contentio inter episcopum lincolniensem & suos canonicos . mat. westm . anno . p. . . godwins catalogue of bishops . p. . * mat. paris , hist . p. . , , , , , . cassantur electi norwic. & cicester . epis . mat. paris , hist . angl. p. . rex tentat revocare cancel . mat. west . p. . mat. paris p. . godwins catalogue of bishops . p. . . eligitur w. de roele in epis . * godwins catalogue . p. . electio williel . de raele in epis . notwic . anno . mat. paris , hist . angl. p. . mat. west . p. . consecratio willi. de raele in epis . norwicensem . mat. paris , p. , . godwins catalogue of bps. p. , . electio magistri nicholai de fernham in episcopum cestr . † mat. paris , p. . mat. west . p. . godwins catalogue of bishops , p. . electio hugonis de pateshull in episcopum coventrensem . a see here , p. , ● . b mat. paris , p. . c where doth god forbid mayors to arrest traytors upon the kings command , though clergy men ? anno . mat. par. p. , . conventus crucesignatorum lugduni . mat. westm . p ▪ . ibi. p. , ▪ papa prohibet , ne crucesignati transirent . comes r. & alii magnates angliae conjurant simul prepositum iter arripere . * mat. par. p. . imperator persuadet crucesignatis ▪ ne transfretarent . act. . ● . anno . * mat. p. edit . londini . p. , . * see here p. . to . mat. par. hist . angl. edit . lond. . p. . mat. par. edit . lond. p. , , , . mat. paris , hist . angl. p. . , . mat. westm p. , . excommunicatio lata in fredericum imperatorem . * a spirit , and insolent rash action proceeding neither from christ , nor st. peter , but rather from the devil and antichrist . * this pope was both witnesse , judge , and party in this cause . * and did not his interdicts & excommunications produce the like effects ? mat. westm . p. . quantum ira imperatoris excanduit in papam . * here p. , to . * here p. , , , . * mat. paris , hist . angl. p. . adventus monachorum montis cassini ad papam romanum . scriptum mirabile . mat. westm . flores hist●●● . . p. . mat. paris hist . angl. p. . denunciatio excommunicationis frederici imperat. * mat. paris p. . literae imperiales ad senatum populumque romanum . mat. paris hist . angl. p. , , , . aliae literae imperiales ad cardinales . quaedam scripta prognostica . excusatur imperator per admonitores . literae nunciorum . * nota. mat. paris , hist . an. p. . . imperator conqueritur de injuriis sibi a pontifice illatis . literae imperiales . mat. paris , hist . angl. p. . , . denunciatur imperator in anglia excommunicatus . literae papales acerbae contra imperatorem legato missae . * were not this popes taxes , exactions , rapines far greater then the emperors ? magna iracundia imperatoris contra papam , ejusque gravis querimonia . nota. mat. paris hist . angl. p. , , , ▪ , , ▪ literae imperiales ad comitem cornubiae richardum . nota. lamentabile scandalum exortum . mat. paris , hist . angl. p. , , , &c. literae papales * st. peter had never any power of the keyes committed to him in such a case as this emperors appears to be . * if he had shewed where , it had been well . * it should have been actually and clearly proved before thus confidently divulged throughout the world . * this they could not do , there being neither faith nor truth in these grosse calumnies . mat. paris hist . angl. p. . avaritia romanorum fidem eorum elevat . imperator & papa invicem persequuntur . desolatio bononiensium , & aliorum fautorum papae . mat. paris , hist . angl. p. , . papa & curia romana eligunt in imperatorem robertum fratrem regis francorum , qui id constanter renuit . papa summa diligentia pecuniam colligit pro sua defensione . mat. paris hist ▪ angl. p. , , , &c. imperator versus urbem iter suum dirigit . literae imperatoris ad regem angliae . terror mundi universi . queremoniae episcoporum de oppressionibus ecclesiae . imperator regem reprohendit , quod permittit pecuniā aspertari de terra sua in damnum utriusque . mat. paris , p. . legatus saepe admonitus noluit repatriare . legatus indefessus nummorum collector . literae legari . mat. paris , p. . romani ut pecuniam emungerent , a voto crucesignatos absolvunt . quibusdam caursinis anglia interdicitur . data pecunia quilibet a voto crucis absolvitur . papa extorquet quintam partē bonorum a● alienigenis in anglia beneficiatis . mat. paris , p. . legatus nititur inclinare episcoposad solvendam quintam partem bonorū comes r. valedicit episcopis ad radingum congregatis . anno . mat. paris hist . angl. p. , . increpat imperator regē angliae , quod permiserit sententiam contra eū in terra sua publicari , et pecuniam colligi . nota. * mat. paris p. , , . imperator appropinquans urbi multas capit civitates . mat. paris hist . angl. p. . imperator multorum corda sibi reconciliat , et concilium generale convocatur . mat. paris , p. , . papa conatur a treugis cum imperatore factis resilire . legatus in francia magnam pecuniam collegit . callida papae exactio pecuniae in anglia . legati diligentia in pecuniis colligendis . mat. paris , p. , , . epistola imperatoris ad regem angliae . causae quibus imperator motus concilium vult impedire . anno . mat. par. hist . angl. p. . . imperator prohibet praelatos ad concilium convenire . literae papales . * so they did who obeyed the emperor rather then the pope , rom. . . to . tit. . . mat. par. hist . angl . , , . mat. paris hist . ang edit londini . p. , . admonet papa praelatos , ut spreto imperatore concilium properent . imperator petit a praelatis ut per terram ad concilium proficiscantur . causae cur imperator ad praelatos non potest accedere . legati nolunt per terram ad concilium proficisci . imperator jubet praelatos capi . legati cum praelatis capiuntur . epistola imperatoris de captione civitatis faventiae & praelatorum in mari . * mat. paris p ▪ . anno ▪ pat. . h. . m ▪ . intus . pat. h. . m. . intus . * here p. , to . claus . h. . m. . dorso . claus . h. . m. . dorso . pat. h. . m. . pat. h. . m. . pat. h. . m. . pat. h. . m. . liberate h. . m. . intus . mat. paris , hist . angl. p. . quaedam haereticae assertiones . claus . . h. . m. . dorso claus . . h. . m. . intus . claus . . h. . m. . dorso . claus . . h. . m. . intus . anno dom. . mat. paris , hist . angl. p. . * proditione ingloriosa rather . * bonae . * flores histor . pars . anno p. . mat. paris , his● ▪ angi p. . mat. paris , hist angl. p. . anno . mat. paris , hist . p. . . mat ▪ parker , & godwin in his life . funus edmundi cantuariensis archiepiscopi . * hist . p. . mar. paris , hist . angl. p. . mat. paris , hist . angl. p. : anno . mat. paris , hist . angl. p. . ibidem p. . anno ▪ mat. paris hist . angl ▪ p. . electio nicholai de fernbam , in episcopum dunelmensem . ibidem p. . and . mat. par. hist . angl p. . consecratur adelmus , in archiepiscopum armachanum . dedicatio templi sancti pauli londinensis . mat. paris hist . angl. p. , , , . nimis detestanda exactio papalis pecuniae . mat. westm . p. , . conventus episcoporum apud norhamtonam ob consimilem causam . exceptiones episcoporum contra exactiones legati . legatus congregat rectores ecclesiarum in bercshyre . responsiones praedictorum rectorum super contributione . legatus dissidium suscitat inter praedictos rectores . mat. paris hist angl. p. . legatus conatur pecuniam a monachis cisterciensis ordinis emungere . literae papales * mat. paris p. . anno . mat. paris hist . angl. p. . rex legatum in regali sede collocat . dicessio ottonis legati ex anglia . * isa . . . mat. paris hist . angl. p. , . curia romana similis meretrici . papa petit redditum centum marcarum a monachis de burgo . mat. paris hist . angl. p. . votum crucis pecunia data solvitur . mat. paris . p. . duo papales clerici pecuniam per totam angliam in u●ū papae exigunt . mat. paris . p. , . claus . h. . m. . dorso . claus . h. . m. . dorso . de inquisitione facienda . claus . h. . m. . dorso . ibidem m. . dorso . claus . . h. . m. . do●so . * vos nobis . ibid. m. . pat. . h. . m. . intus . deprohibitione contributionis ad opus domini papae factae . pat. . h. . m . pro ecclesia sancti pauli london . pat . h. . m. . dorso . pat. . h. . m. intus . claus . . h . m . intus . parte prima . pro executoribus testamento e. quondam cant. archiepis . co●i . claus . . h. . m. . claus . h. . m. . dorso . claus . . h. . m. . dorso . claus . . h. . m. . par . . dor . pat. . h. . m , . pat. . h. . m. . dorso . pat. . h. . m. . claus . h. . m. . dorso . mat. paris p. . * s. e here p. . . anno dom. . mat. paris . hist . angl. p. . monachi cantuarienses absolutionem a papa impetranit & bonifacium eligunt in archiepiscop . see mat. parker antiquitates ecclesiae britanae , godwins catalogue of bishops in the life of boniface . pat. & chart. anno . h. . m. . dorso . mat. paris hist angl. p. mat : westminster , p : ▪ . confirmatur bonifacius in archiepiscopatum cantuar. mat : parker , & godwin in bonifacio . * see here , p. , , : a godwins catalogue of bishops , p. , . mat : westminster anno . p. . mat. paris hist . angliae , p. . rex iratus episcope norwicensi . c mat. paris , hist . angl. p. . constantia & oppressio monachorum wintoniensium . mat : paris , p ▪ . matth : westminster , p. . vexatio monachorum wintonicnsium . * mat. westm : anno . p● . fecit etiam rex personam bonifacii electo bellac : magnificando commendari , ut dignus videretur esse vel ad archiepiscop . cantuar : aut episcopatum winton : quo promoveretur . sed res effectum non est sortita licet multorum praelatorum testimoniis tituli ipsius roborarentur . pat : & chart : h : . memb . . dorso . pat : & chart : hen. . ib. mem : anno . mat. paris hist . angl. p. . mat. westm . anno . . p. . . godwins catalogue of bishops , p. . . mat. paris , p. . mat. west . p. . . prior winton . moritur . anno dom. . mat. paris . p. . . mat. west . p. . civitas wintoniae supponitur interdicto . pat. . h. . m. . & . pat. . h. . m . & . pat. . h. . m. ● . dorso . pat. h. . m , . dorso . pat. h. . m. . pat. h. . m. . dorso . claus . h. . m. . dorso . mat. paris hist . angl. p. . mat. westm . anno . p. , . episc . winton . ●●git in franc. mat. westm . flores hist . an ▪ . p. . mat. paris hist . angl. p. . mat. paris hist . angl. p. . litera bonifacii cantuariensis electi ad episcopum winton . ejusdem literae ad regem angliae . * mat. par. hist . angl. p. , . matthew westm . p. , . papa diligentia in reconciliando episc . winton . literae papales ad regem ang. pro epis . wint. * a papal legend . mat. paris . p. . . mat west . an. p. , . mat. paris ibid. literae epis . wint. ad regem angliae . responsum episcopi wintoniens . mat. paris hist . angl. p. . mat. westm . p. . fraus magis●i henr. de seusa . anno . mat. paris hist . argl. p. . episcopus wintoniensis revocatur & reconciliatur regi angl●ae . mat. paris hist . angl. p. reconciliatur ecclesia wintoniensis suo episcopo . * godwins catalogue of bishops , p. . anno dom. . mat paris hist . angl. p. . discordia inter episc . lincoln ▪ & abbatem westmonaster . mat. paris , ib. discordia inter regem & episcopum lincoln . * here p. . mat. paris hist . angl. p. . discordiae inter episc . lincoln . & ejus capitulum . reparatio ecclesiae & episcopatus lincolniensis . * see mat. paris hist . angl. p. , . godwins catalogue of bishops , p. , . * as supreme ordinary . anno . mat. paris hist . angl. p. , . matthew westm p. . dissentio inter conventum cantuariensem & episcopum lincolniensem . * a contentious cholerick bishop . mat. paris hist . angl. p. , . episcopus lincoln . & monachi cantuariens . litigant in curia romana . literae papales . claus . . h. . m. . dorso . claus . . h. . m. . dorso . pat & chart. insimul . h. . m. . dorso . claus . h. . m. . dorso . par & chart ▪ insimul . h. . m. pat. h. . m. . dorso . pat. & chart. . h. . m. . intus . claus . h. . m. . dors . claus . . h. . m. . dorso . * see bracton . l. . c. . . f. . magna charta . c. . cokes . instit . p. . claus . h. . m. . dorso . claus . h. . m. . intus . anno . mat. paris hist . angl. p. . petit auxilium a cistierciensibus . responfio cisterciensium . mat. paris ibid. matthew west . anno . p. . mat. paris hist . angl. p. . mat. westm . anno . p. . dedicatio ecclesiae waltham mat. paris , p. . episcopus bangorensis solicitat regem angliae pro libertatione griffini . anno . mat. paris hist . angl. p. . generale capitulum cisterciensium solutum mat. paris p. . rex prohibet lanas cisterciensium vendi . mat. paris p. , . pecuniacollecta per papales exactores imperiali aerario addicitur . anno . see platina , onuphrius , balaeus , laertius , cherubinus , opmerus , in coelestino . & innocentio . mat. paris hist . angl. p. mat. westm . p. . anno . mat. paris hist . angl. p. . novus papa novum mittit pee●niae extortorem in angliam . * suspendendo . * mat. westm . anno . p. , . * mat. paris p. , , . mat. westm . anno . angli meditantur jugum servitutis papisticae excutere . mat. westm . p. . mat. paris ibid. rex angliae scribit papae , conquerens super exactionibus suis . papa walliam sibi etiam vult subjugare . mat paris . p. , . mat. westm . p. , , . * hist . angl. p. . matthew westm . p. , . david conatur jugum regis angliae excutere . * mat. paris p. , . mat. westm . p. . literae papale● ad praelatos angliae . provisio magnatum consensu regis facta : anno . mat. paris hist . angl. p. . , , . litetae papales a praelatis ang. contributionem exigentes . mat. paris hist . angl. p. . , . nuncii imperatoris prohibent , ne angli faciant contributiones papae . * see here . p. . , , , &c. consentiunt magnates angliae in auxilio pecuniari praestando . responlum praelatorum super petitionibus magistri mar●ini . nota. mat. paris hist . angl. p. . rogerus consecratur in episc . batoniensem . mat. paris hist . angl. p. . mat. westm . p. , . martini cleric● papae inauditae extorsiones . * papae . claus . h. . m. . dorso . nota. * the cases of pandalphus , and nicholaus thusculane ●sis , popes legates , forecited p. , to , &c. should have been excepted . * here p. , . anno . mat paris hist . angl. p. . magister martinus invigilat redditibus colligendis . * mat. par. hist . angl. p. . mat. westm . p. . claus . h. . m. . dorso . mat. paris hist . angl. p. . custodiuntur portus ne curores papales sntrarent in i angliam . claus . h. . m. . dorso . claus . h. . m. . dorso . claus . h. . m. . dorso . * provisiones . mat. paris hist . angl. p. . dicessus meticulosus magistri martini ex anglia . anno . mat. westm . p. , . mat. paris hist . angl. p. . magister martinus conquerifur papae . * mat. paris hist . angl. p. , . mat. westm . p. . * here p. , , . * mat. paris p. , . * mat. paris p. . here p. , . claus . h. ● m. , dorso . * mat. par. hist . angl. p . mat. westm . p. , , . david princeps northwalliae cupit liberari a jugo anglorum . * here p. , , , literae quas idem princeps a papa contra regem angliae impetrav●t . * here p. , , , , . * see gra●ian caus . . qu. . caus . . qu. . mat. westm . p. . mat. paris hist . angl. p. , , , . rex angliae parat e●●●diti●nem in walliam . mat. westm . anno . anno . mat. paris hist . angl. p. . godwins catalogue of bishops p. . edit londini . mat. westm . anno . . * here p. . . mat. paris , hist . angl. p. . mat. westm . anno . p. . anno. . mat. paris , hist . angl. p. . mat. paris hist . p. . . mat. west . an. . p. . mors hugonis de pateshalle . mat. paris hist . ang. p. , . w. electus coventrens . resignat jus suum . rogerus de weseham decanus lincolnlensis eligitur in episcopum cestriae . mat. paris hist . angl. p. . , . edit , lond. mat. westm . anno . p. . * witz . claus . . h. m. . dorso . flores histor . . p. . anno . mat west . p. , . mat. paris , hist . angl. p. . . anno . mat. westm . p. . mat. paris hist . angl. p. . mat. paris , p. . baronia episcopo cestrensi restituta . flores historiarum . p. . nota. claus . h. . m. . dorso . pat. hen. . m. . dorso . * here p. . anno . mat. paris , hist . angl. p. , . mat. westm . p. . episc . lincoln . privilegium a papa impetratū . claus . h. . m. . dorso . * tua . mat. paris hist . angl. p. . normanni privantur terris suis ia anglia sitis . * here p. . claus . h. m. . dorso . claus . h. . m. . dorso . * see the first part of my brief register , kalender and survey of parliamentary . writs , p. , , , , , , . claus . h. . m. . dorso . pat. hen. . m. . dorso . pat. hen. . m. . dorso . mat. paris hist . angl. p. . controversia inter ●iatres praedicatores & . minores . * mat. par. hist . angl. p. . correctio ordinum praedicatorum & minotum , exemplo s. benedicti . pat. hen. . m. . do●so . pat. hen. . m. . intus . claus . h. . m. . intus . claus . h. . m. . dorso . pat. hen. . m. . intus . claus . h. . m. . dorso . claus . . ● . intus . pat. hen. . m. . intus . pro domino , eborum archiepiscopo . pat. h. . m. . intus . pro domino karl . episcopo . mat. paris hist . angl. p. . , . mat. westm . p. . papa convocat concilium generale apud lugdunum . nota ▪ rex angliae mittit procuratorem ad curiam romanam . aliqua praelati ne ad conciliū eant per regem excusantur . literae papales . quldā praelati angliae excusati remanét sed abbas de burgo curiam coactus adiens , accusatur , maleque tractatur . * mat. paris p. . mat. west . an. . p. . mittuntur nuncii universitatis angliae ad concilium . clans . h. , m. . dorso . claus . h. . m. . dorso . pat. hen. . m. . dorso . pat. hen. . m. . dorso . pat. hen. . m. . dorso . * here p. , to , , . anno . mat paris hist . angl. p. . mat. westm . p. . combusta est camera papae . * here p. , , , , , . mat. paris hist . angl. p. , , . mat. westm . p. , . papa munera pretiosa a multis praelaris accepit . * this was no symony in the pope or them . * this popes and prelates worldly policy , over-ballanced their piety . mat. paris hist . angliae , edit . londini . p. . papae volenti invadere quasdam praebendas vacantes , resistunt canonici lugdunenses . mat. paris , p. , , &c. mat. westm . p. . initium actorum in concilio lugdunēsi . qualiter papa prima die concilium initiavit nota. note the insolency of this roman pontiff . nota. mat. paris , p. , . epistola universitatis angliae super extortionibus curiae romanae . nota. nota. papa differt respondere legatis angliae . non obstante ▪ anno . * mat. paris ▪ p. , . see balaeus in his life . obitus gregorii papae : causa accelerationis mortis ejusdem . * electio papalis impedita . mors roberti de sumercote , cardinalis . mat. paris , p. , . redit otto in carcerem imperatoris . galfridus mediolanensis papa electus citò moritur . mat. paris , platina , onuphrius , sella , barnes , balaeus , and others in coelestino . colloquium episcoporum angliae . nota. mat. paris hist . angl. p. . capitur archiepiscopus coloniensis . mat. paris , p. , . dissentientibus cardinalibus impeditur electio papalis , & vacat sedes , legati & praelati captivi liberantur . necdum cardinales possunt in electione papali consentire . imperator bona cardinalium suis militibus depopulanda tradi● . cardinales timentes sibi conveniunt ad electionem papam . mat. paris , p. , . franci volunt papam eligi . mat. paris , p. . potestas papalis ad universitatem cardinalium devolvitur sede vacante . mat. paris , p. , , . imperatoris fama diminuta . ab imperator multi deficiun nobiles . mat. westm . an. , . mat. paris , p. , . discordia imperatoris & papae omnibus necet . via versus romam arctius cunstodiuntur . * mat. paris , p. , . * the issue proved this to be a real truth . imperator fredericus aegrè fert fugam papae . imperator fredericus sibi multos potenies amicos conciliat . * by the popes and his creatures calumnies . anno . mat. westm . p. . nota. ● mat. paris , p. . consilium subdolum quorundam cardinalium . anno : mat. paris , p. , , &c. papa excommunicat fredericum imperatorem in concilio lugdunensi . * as he did the emperors in reality . * and did not popes do the like to him ? * the emperors seising of rebels & traytors to him , declared sacrilege by this pope . nota. * and were they not more oppressed in this kind by popes then emperors ? * was not this this popes own practice , rather then the emperors ? * popes temporals are now become their spirituals . * to depose kings and emperors from their dignities , crowns ▪ is popes binding & loosing , but not christs no● st. peters . nota. * against both st. peters , st. pauls , & christs expresse commands , mat. . . rom. ● . , to . tit. . , . pet. . , , . tim. . , , . procuratores imperatoris recedunt confusi . mat. paris , p. . de sententia excommunicationis . ibid. p. . de sententia excommunicationis . de eodem mat. paris , p. . de negotio crucis . * here , p. . , &c. anno . mat. paris , p. . , . fredericus depositus a papa seipsum coronat . epistola imperatoris . nota. mat. paris , p. . fama frederici diatim deterio ratur . nota. mat. paris , p. . . mandatum papae ad capitulum cisterciense . mat. paris hist . angl. p . conatus procuratorum universitatis angliae irritus ▪ nota , anno . mat. paris , p. , . papa indignatur anglis , quod de eo conqueri in concilio ausi sint . notae ▪ mat. westm . anno . p. , . * nota. * mat. paris . p. , . see here , p. , ● . mat. paris , p. , . privilegia impetrata in concilio lugdunensi . aliud privilegium . aliud . aliud . aliud . causa contradictionis in concilio pleno . aliud . * commendaes . mat. paris hist . angl. p. . conventus omnium nobilium angliae . gravamina regni angliae . mat. paris , p. , . non obstante . querela omnium anglorum super praedictis oppressionibus . literae abbatum angliae ad papam . nota. literae universitatis angliae ad papam . nota. literae regis ad papam pro liberatione angliae ab oppressionibus papalibus . aliae jusdem ad cardinales de eadem . mat. paris , p. . quera querelis adduntur . querelae super curia romana . nota. mat. paris , p. . papa jubet sibi mitti aurifrisia qualia quidam anglici portabant . mat. paris , p. . novum & inauditum statutum papae . mat. paris , p. , . mat. westm . anno . prohibet rex angliae solvere tallagium papae . literae papales executoriae angliae episcopis missae . * the bishops made the popes tax-masters , to enslave the engl●sh church , clergy , king , kingdom to the pope . mat. paris , p. , . mat. westm . p. . prohibet rex tallagium papae persolvi . mat. paris , p. , . angustiae propter inchoatam inter regem & papam controversiam . mat. paris , p. . mat. westm p. . parlamentum habitum apud wyntoniam . nota. * page , . mat. paris , p. . rex iterum romanis ad libitum pecuniam in anglia colligere permittit . corripitur papa à johanne anglico cardinale . mat. paris . p. . . mat. westm . p. . . tyrannica exactio pecuniae papalis . rex prohibet praedictam exactionem . mat. paris , p. . . responsio cleri super irrationabili exactione papae . alia causa . alia causa & ratio . alia causa & ratio . alia causa & ratio . alia causa & ratio . mat. paris , p. , . mat. westm . anno . parliamentum londini habitum , in quo querelae querelis cumulabantur super exactionibus papa●●b●s . * mat. westm . p. , . literae ad papam missae nomine totius universitatis angliae . literae nomine ejusdē universitatis cardinalibus missae . mat. westm . p. . * mat. paris , p. , . * praedicatores & minores nuncii papae . * hist . angl. , , * here p. , . * mat. paris p. . mat. westm . anno . statuta de reparatione terrae sanctae & negotio crucis . non-residence . mat. paris , p. , . literae papales fratribus minoribus missae . * mat , paris . p. . * mat. paris , p. , . umbratile privilegium , rex angliae à papa impetrat . mat. paris hist. angl. p. , . mat. parker antiquitat . eccles . brit. in bonifacio , and godwins catalogue of bps. impetratio archiepis . cantuariensis . * this grant c● first-fruits of benefices to bon face , made way for popes appropriating first-fruits & annates to thēselves soon after . mat. paris , p. . ira regis enervata . * the king at last assented to this grant . mat. paris , p. , . mat. westm . p . mat. parker , & godwin , in bonifacio . bonifacius archiepiscopus cantuariensis extorquet pecuniam . mat. paris , p. , . mat. parker antiquitates ecclesiae brit. and godwin . mandatum iniquum archiepiscopi cantuariensis . * mat. paris , p. . mat. westm . anno see godwin in his life . willielmus de eboraco in episcopum sarisburiensem electus . * richardus de crokesle in abbatem westmonasteriensem electus . * mat. paris , p. , , to . mat. westm . an. , . pat. h. . m. . in doiso . * serenitalis . claus . h. . m. . intus . pro rotomag . archiepiscop . * see here , p. , . mat. paris , p. . abbas cluniacensis extorquet à suis prioratibus decimam . claus . h. m. . intus . de pecunia arrestanda . * here , p. , , . pat. h. . m. . intus . * coventr . pat. h. . m. . de assensu electioni adhibito . claus . . h. . m. . dors . nota. nota. claus . . h. . m. . dorso . claus . h. . m. . dors . * their names discover them to be foraigners claus . h. . m. . dors . * mat. paris , p. . mat. westm . p. . conclusic totius anni . mat. paris , p. . mat. westm . anno . mat. parker antiqu. eccles . brit. p. . conciliū londini convocatum . * here p. , . mat. paris , p. , . mat. westm . anno . mat. parker , p. . duo fratres minores anglici mittuntur à papa in angliam , ad pecuniam extorquendam . * non . papa pet●●t à praelatis franciae pecuniam sibi mutuo praestari . mat. paris p. . mat. westm . anno . mat. parker in bonifacio . martinus capellanus in angliam missus . godefridus bethlimitanus electus legatus in scotiam mittitur . missus in hiberniam m. johannes . constitutio de intestatis in irritum revocata . mat. paris , p. , . exactio papalis facta per johannem anglicam minoritā . mat. paris , p. , . aucta est potestas fratris j. per autenticum papale . timent ecclesiastici sua bona amittere . * the popes non obstante's the ground of our kings and laymens . gravamen inauditum . appellatio ad p●pam . nota. additamenta matthaei paris . p. . potestas concessa fratri johanni , de ordine minotum primo . nota. item aliud autenticum . item aliud autenticum . mandatum papae fratri johanni de ordine minorum . mat. paris , hist . angl. p. p. , , convocatio nobilium angliae ad parliamentum . matth. paris p. . applicat in angliam sabinensis episcopus cardinalis legatus . * page . * here , p. ▪ * hist . angl. p . odo archiepiscopus rothomagus obiit . * hist . angl. p. , to . . additamenta , p. . anno , . de eventibus angliae , l. . c. . * here p. , . * mat. paris hist . angl. p. . willielmus de longa spata , cum aliis nobilibus cruce signatur . * mat. paris , p. ● . ●●degit comes richardus pecuniam de cruce signatis . * mat. paris hist . angl. an. . p. . mat. westm . p. . brevis totius anni descriptio * here , p. , . mat. paris , p. , * hist . angl. angliae . p. , . rex prohibet inquisitiones ab episcopo lincolniensi institutas . * mat. paris p. , . preuves des libertez de leglise gallicane , p. , . conspiratio quorundam nobilium franciae contra papam . nota. aliud scriptum contra clerum . * licenses for pluralities how introduced . preuves des libertez de leglise gallicane , cap. . p. . & cap. . p. . preuves des libertez de leglise gallicane , cap. . p. , . claus . h. . m. ● . dorso . mat. paris , p. . nova statura regis angliae . nota. claus . h. . m. . dorso . see rastals abridgement of statutes , prohibition . see cooks reports , p. . claus . h. . m. . dorso . see the register of writs , part . f. . fitzherbert . nat. brev. f. . a. rastals abridgement of statutes , prohibition . claus . h. . ●● . . d●●so . a tract . . in mat. b in sermone de passione & cruce domini . c in exposit . in psal . . d comment . in cap. . matth. in cap. . jer. & comment . in zach. cap. . e homil. . ●● gen. hom. in psal . . hom. in matth. hom. . in act. apost . hom. . & . ad pop. antioch . hom. in psal . . & lib. . de compunctione cordis . f can. . in matth. . g lib. . panacii contr . ossenos . h comment . in . mat. . i comment . in mat. cap. . k comment . in cap. . jacobi . l enar. in cap. . mat. m sixtus senensis bibl. sanctae , l. . annot. . p : , , &c. n pelichdorffius contra waldenses , c. . bibl. patrum tom. . p. . see here book . ch . . p. , , , . o homil. . tom. . p. . * et quia pejurare non potest , qui non jurat , ideo ra●ò & non nisi necessitate ▪ utamur juramento , &c. beda in mat. evang. c. ▪ tom. . col . . p surius concil . tom. . p. . q see bracton l. . f. . mirror des justias , l. . c. . cooks instit . f. . . r caus . . qu. . ſ surius concil . tom. . p. . * surius concil . tom. . p. . t surius concil . tom. . p. ● , , . here , book ● . p. , to . book ▪ . p. , . u surius concil . tom. . p. . mat. . * id est ab illi infirmitate à quo cogeris jurare : et haec infirmitas malum est ; tu autem benè facis , qui bene juratione uteris , ut al●●ri persuadeas , quod utili . ter suades , beda in mat. c. . tom. . col . . x see cooks reports , p. , , , . y see rastals abridgement of statutes , prohibition . z cooks instit . p. , , . * see an exact abridgement of the records in the tower , p. , , , , , , , , , , , , , , , , , , , , , , , , , . * c. , p. , . * to wit , by prescription & usage time out of minde . institutes , c. . p. . see the authorities he there quotes in his margin . exact abridgement of the records of the tower , p. , , , , , , , , , , , , , . see rastal , tit . purveyors . * fox acts & monuments , london , . p. . b provinc . constit . l. . de cap. extern . habitus , f. . a. de jurejurando , l. ● . cap. evenit , f. . b. visitatio . see gratian , caus . ● . qu. . d mat. parker , antiq. eccles . p. , , , , , , , , , , , , , , , &c. anno . mat. paris , p. , . quaedam portio sanguinis christi londinum allata . rex angli● defert sanguinem christi ad s. petrum westmonaster . episcopus norwicensis concionatur populo de dignitate sanguinis christi . * had they not good cause to doubt ? * let themselves resolve this question . * it seems this bloody relique was not sufficient to purchase such a pardon , without this superadded bishops indulgence . additamenta matthaei paris . p. , , . * the evangelists in the history of christs death relate no such things as this fabulous legend superaddes thereunto . * luc. ▪ . * joan. . , , , . * mat. . . c. . . * mat. . ● ▪ . nota. * gen. . . l. vit . . . * joan. . , , &c. * mat. paris , hist . angl. p. . novae nundinae constitutae apud westimonasterium . anno . * mat. paris , p. ●● . mat. west . p. , . * chapter of the reliques ; third part of his works , fol. , . anno . * fortè sanguinis ex imagine crucifixi salvatoris in syria effusi portio delata mantuam fuerat : eaque multis editis miraculis omnium christianorum pectora incredibili religione perfude ▪ rat . sigonius de regno italiae , l. . p. . anno . * mat paris , hist . angl. p. , . literae regis angliae ad episcopum dunelmensem . * mat. paris , hist . angl. p. , ● . mat west● . anno . ●ox acts and monuments , vol. . gravamina diatim ang●iae à curia romana illata . aliud enorme gravamen papale . * mat. paris , hist . angl. p. , . anno h. . claus . h. do●s . . pro cecilia quae fuit uxore elyae piscatoris . claus . h. . memb . . dors . * it was the kings antient prerogative , only ratified by the popes new grant . * see here , p. , , . claus . h. . m. . dorso . cl. h. . m. . doiso . * horreis . claus . h. . memb . . dorso . claus . h. . memb . . doiso . claus . h. . m. . intus . pro decano & capitulo sancti pet●● eborum . cl. h. . m. . pro ar. chid . lincoln . claus . h. . memb . . dorso claus . . h . m . dorso . claus . h. . m. . dorso . mat. paris , p. , . mat. westm . anno . p. , &c. obiit episcopus bathoniensis robertus . ▪ generale parliamentum habitum londini . rex promis●●● studet pacare universitatem angliae . mat. paris , p. , . mat. westm . anno . exitus magni parliamenti apud londinum congregati . rex angliae thesaurum suum vendit . mat. paris p. , , . cives londinenses à rege graviter affliguntur . rex angliae à nobilibus suis singulatim prece petit pecuniam . rex angliae mendicat pecuniam à praelatis abbatibus literae regis ad praelatos angliae . mat. paris p. . . mat. west . an . p. . p. . godwins catalogue of bps. p. . episcopus dunelmensis episcopatuum suum resignat . pat. h. : m. . dorso . ibid. memb ▪ ▪ * see here , p. , , . anno . mat. paris hist . angl. p. , . misera oppressio walliae . * thomas wallensis episcopus menevensis . mat. west . an. . p. . pat. h. . m. . claus . h. . memb . . dors . claus . h. . m. . dorso . * see p. . claus . h. . memb . . dorso . claus . h. . memb . . dorso . * here p. . mat. westm . anno . p. . mar. paris , p. . moritur simon de langetuna . anno . * mat. paris p. , . imperator graviter diffamatur . * mat. paris , p. . fratres praedicatores & minores telonarii papae . * anno p. . mat. paris , p. . rediit a curia romana episcopus norwicensis . mat. paris , p. . archiepiscopus rothomagensis venit in angliam . * mat. paris , p. . discordia intet abbatem de burgo & ejus conventum . mat. paris , p. ● , . robertus passeleve vitat curiam . anno . * mat. paris , p. , . multi angliae nobiles crucesignativendunt sua praedia . * rex cum multis nobilibus crucesignatur . * mat. paris , p. . de unanimi consilio crucesignatorum . mat. paris , edit . londini , p. , . magnatum angliae iter hierosolymit . bernardus de nympha pecuhiam collegit à cruce signatis . auctuariū additamentorum matthaei paris , p. , . forma rapinae bernardi de nympha . nota. * hist . angliae edit . londini , p. , . variae opiniones colloquii papae cum comite r. claus . h . . m. . dorso . mat. paris , p. , , . & mat. westm . exemplum memorabile turpissimae extorsionis in gallia factae . mat. paris hist . ang. p. , . indignatio francorum audita clade suorum . historiae , p. fides multorum vacillat . mat. paris , p. . querimonia super extorsionibus pecuniarum . * here p. , , . pat. h. . memb. . dorso . pat. h. . memb. . dorso de licentia eligendi . pat. h. . memb . . intus , literae de procuratione . pat. h. . m. . intus . de excommunicatione promulganda in judaeos angliae . claus . h. . memb. . claus . h. . memb. . dorso . pro adomaro de lezignan . claus . h. . memb. . intus de ornamento capellae liberando albo cardinali . matt. paris hist . angl. p. . lincoln . epis . citat suos religioso nota. additamenta matt. paris p. . matt. paris . hist . angl. p. . epis . linc. curiam romanam accedit . * mat. paris p. . matt. paris . hist . angl. p. . deterioratur ecclesiasticae libettatis conditio literae papales . claus . h. . m. . dorso . * bracton l. . c. . sect . f. . a. &c. . sect . . f. . b. britton l. . c. . e. . c. . e. . f. . b. cooks report . a. brook prerogative . stamford prerogative c. . claus . h. . m. , . dors . nota. mat. paris p. . mat. westm ▪ annis , . redit episcopus lincolniensis a curia romana . mat. patis , p. , , , , &c. mat. westm . anno . mat. parker & god. win , in vita bonifacii . archiepiscopus bonifacius proponit visitationem facere . mat. paris p. . . mat. west . p. . mat. park . and godwins . archiepis b. tyrannis in clerum lond. resistit ecclesia s. barth . visitationi archi , nota. rex angl. audire noluit conquerentes de tyranni de arch. b. arch. b. parat abitum versus curiam romanam . see mat. west . an. . p. . & mat. parker in bonifacio . ▪ litera episcopi londinensis ad abbatem s. albani . * here p. , , , , &c. additamenta matthaei paris . p. , . * coactione . here p. . nota. * here p. . * here p. , , , . mat. paris hist . angliae edit . londini . p. . mat. parker antiqu. eccles . brit , in bonifacio . literae papales ad abbatem de sancto albano & quosdam alios . * here p. , , , . additamenta matthaei paris . p. , . mat. paris hist . angl. p. . detestabilis exactio à prioratu de binham . mat. paris hist . p. . papa cupit apud burdegalim commorari . regis anglorum angustia . mat. paris , p. , . mat. parker & godwin in the life of boniface . episcopi angliae se opponunt archiepiscopo cantuariensi . mat. paris , p. , , . archiepiscopus cantuariensis metu supprimit vocem querulorum . archiepiscopi cantuar. clamorem canonicorum s. bartholomaei compescuit . mat. paris , p. . mat. parker in bonifacio , p. , , . cantuariensis archiepiscopus romanam curiam adit . * mat. westm . anno . p. . mat. paris , p. , . mat. westm . anno . godwins catalogue of bps. mortuo episc . roffensi , eligitur laurentius de s. martino . mat. paris , p. , , &c. mat. westm . anno . mors willielmi episcopi wintoniensis . * here p. , to . rex omnem diligentiam adhibet ut frater ejus aethelmarus in episc . wintoniensem postularetur . sermo regis quasi praedicantis in capitulo wintoni●nsi . monachi wintonienses coact● , postularunt aethelmarum in episcopum suum . nota. rex anglia destinat nuncios suas ad papam . literae regis angliae querulae ad papam . * who preferred by popes provisions . mat. paris , p. , . confirmatur aethelmarus in episcopatum wintoniensem . confirmatur episcopus roffensis electus . * mat. paris , p. . rex angliae celebrat natalitia wintoniae . * here p. . auctuarium additamentorum mathaei paris . p. . anno . * mat. paris , p. , . rex angliae ditat fratres suos . episcopus londinensis . mat. paris , p. , , &c. mat. westm . anno . p. , . . quinquagenae consummatae à tempore gratiae . mirabilia ultimae quinquagenae . * here p. . pluralities & commendaes . * see here p. , . nota. mat. paris hist p. ● . imperator f. lethise rum pot onem evadit . lamentati● frederici ▪ mat. paris , p. . mortuo alio filio fredericus infirmatur . petrus caboche legatus in apuliam missus mat. paris , p. . mat. west . a● . . an. . pat. h. . m. . intus . de die anniversar . isabellae matris regis . * here p. . pat. h. . m. . intus . pro richardo sancto angeli diacano cardinali . ●●t . h. . m. . ●●o presentati●●● ad ecclesiam claus . . h. . m. . dors . claus . h. . m. . dors . claus . h. . m. . doiso , claus . h. . m. . dors . claus . h. . m. . dors . claus . h. . m. . dors . * here p. . claus . h. . m. . roc. fin. . h. . m. . claus . h. . m. . intus . de pluribus inveniendis in capella de windleshour . * see rastal mortmain , , , & . pat. e. . m. . claus . e. . m. . dors . cooks instit . de prohibitione contra barthol . de creke . * here p. , . claus . h. . m. . dorso . * here p , , . * claus . h. . m. . here p. . mat. paris hist . angl. p. . detestabiles adjectio no ▪ obstante in curias laicorum derivatur . * see r. . . h. . . brook patents . hobarts reports , p. , , . plowdens comment . p. . * hist . angl. p. . * see here , p. , . * mat. paris , p. . * here p. . mat. paris hist . p. , . godwins catalogue of bps. p. , . lis super portione episcopi quondam dunelmensem . mat. paris hist . p. . confoederatio ▪ aliquorum religiosorum . mat. paris hist . p. . visitatio episcopi lincoln . mat. paris hist . p. . episcopus lincolniensis punit incontinentes , & multos facit presbyteros . nota. * see here p. , . * see here p. , . mat. paris hist . angl. p. . decanus & canonici lonninenses absolvuntur . mat. paris , p. . decanus & canonici lonninenses excōmunicantur . mat. paris , p. . succiduntur ne nora archiepiscopatus cantuariensis . mat. paris , p. . decanus londinensis romanam curiam adiit . * flores hist . pars . p. . * historiae edit . lond. p. . mat. paris hist . angl. p. . discordia inter abbatem & conventum westmonaster . mat. paris hist . angl. p. . adventus abbatis westmonasterii à curia romana . mat. paris , p. , . privilegium regis conventui westmonasteriensi concessum . * pat. h. . m. . intus . charta regis angliae , pro priore & conventu westm . mat. paris hist . p. , . regis furor in abbatem westmonasteriensē . claus . h . . m. . dorso . de monasterio westmonaster . mat. paris , p. . adventus electi wintoniensis in angliam à curia roman● . * anno ▪ p. . mat. paris hist . p. . indignae literae papales . nota. thes . . * hist . p. ▪ annalis conclusio . anno . mat. paris p. . episcopus roffensis colligit quintam partem reddituum suorum subjectorum . mat. paris hist . p. ● . papa animat regem angliae ad peregrinandum . mat. paris hist p. . rex angliae jurat peregrinaturum in terram sanctam . * as the event demonstrated . claus . h. . m. . dors . archiepiscopo cantuar , pro. rege . claus . h. . m. . dors . de praedicatione crucis . claus . h. . m. . dorso . hibern . * claus . h. . m. . dors . de gratia domino regi concessa per dominum papam . claus . h. . m. . dorso . claus . h. . m. . dorso . pro crucesignatus . pat. h. . m. . dorso . de crucesignatione regis . pat. h. . m. . dorso . pat. h. . m. . dorso . pat. h. . m. . dorso . item de negotio crucis . pat. h. . m. . dorso . mat. paris hist . angl. p. , , . magnum parliamentum lond●ni habitum . see matthew parker , holinshed , grafton , speed , daniel . * ubi rex auxilium pecuniare postulat , episcopus autem lincolniae ro ▪ bertus primo contradixit , postea alii animati per eum restiterunt . mat. westm ▪ p. . rex angliae iratus , à suis aulicis mitigatur . respondent praelati bland● petitioni regis rex proposito persister . * see here p. , . mat. paris hist p. , . rex digreditur ad materiam . rex no●●● rationi acquiescere . mat. paris hist ▪ p. . . constantia wint clericorum . lond. solvunt viginti marcas regi . mat. paris hist . p. . thes . ● . * tractatio de rebus gasconiae . mat. paris hist . p. , . solvitur concilium cum regis indignatione . exitus concilii . mat. paris hist . angl. p. . beneficiati renuunt ad sacerdotium promoveri . mat. paris hist . angl. p. . episcopus lincolniensis potestatem impetrat à papa vicarios ordinandi . mat. paris hist . angl. p. . periculum imminens ecclesiae sancti aedmundi . mat. paris hist . angl. p. . jactura & infamia ecclesiae sancti mariae eboraci . mat. paris hist . p. , . rex reditus vacantes distribuit indignis . mat. paris hist . p. , . verba magistri hospitalis cum rege habita . mat. paris hist . angl. p. . albertus papae notarius venit in angliam . * anno . p. , . claus . h. . m. . dorso . de literis directis domino papae . * here p. , . mat. paris hist . p. . mat westm . p. . episcopus lincolniensis facit computare redditus alienorum in anglia . * here p. . * see sir roger twysdens historical vindication p. . . * additamentorum mat. paris f. . hist . an. . p. . sir roger twisden his historical vindication p. . . annalis conclusio . a an historical vindication of the church of england , c. . sect . . . . . . b ●oh . hagulst co● . . . c mat. pa●●s an. . p. . . d diceto col . . & . . e mat. paris an. . ● . . f bulla gregorii . apud mat. paris a● . p. , . g mat. paris , p. , . h additamenta mat paris ms. in bibliotheca cotton . f. . cui initium ; dicturus quod injunctum est mihi . i here p. . k roger hoveden ● . . b. . . b. . ge●val . do●obern . col . . in vita huberti . l s●● here book . ch . . p , to . m in antiquo ms bullarum romanorum pontificum archiepise . cant. bulla honor. . febr. : n in eodem ms. greg. . bulla . o april . an. . p mat. paris , . q mat. paris an. . p . . . r idem , anno . p. . . ſ mat. paris p. . t mat. paris , anno . p. . . u cardinal ossat . epist . . dat. rom. . decem● . . x rot. par l. ● r. . n. . mat. paris hist ▪ edit londini p. . literae papales aliquantulum mit●gatoriae seu relaxativae . * mat pariensi● additamenta . p. , . * pontificum had been truer . claus . h. . m. . dorso claus . h. . m. . dorso . pro johanne capellano de coventria . claus . h. . m. . dorso . claus . h. . m. . dorso . claus . h. . m . dorso . w. norwicen . episcopo pro rege . * see here p. , to . claus . h. . m. . dors . de bastard . claus . h. . m. . dors . pro mereduc filio griffini . claus . h. . m. dorso . pro hominibus de heth. claus . . h. m. . intus . claus . . h. . m. ● . do●s . de prohibitione facta pistoribus . claus . h. . m. . dorso . claus . h. . m. . dors . claus . h. . m. . intus . hibern . claus . h. . m. . dorso . de assensu electionis hibern . * here p. . liberat. h. . m. . intus . lib pro magistro bocc . camerario domini papae . idem intus . m. . de procuratore constituto in curia romana . * here p. , to . mat. paris hist . p. , . discordia inter archiepiscopum & winton . electum . factum praesumptuosum electi winton . querimonia fact● archiep●copo . archiepiscopus venit ad oxon. sententia promulgatur oxonii . matthaei paris . additamenta , p. , . claus . h. . m. . dorso . de prohibitione facta pro archiepiscopo cantuar. & winton . electo . * see here p. ● , , , , &c. , , to . to , . * see p. . mat. paris hist . p. advenit abbas cluniacensis in angliam . mat. paris hist . angl. p. . visitatio apud sanctam albanum facta . * p. . to . where you may peruse them . mat. paris hist . p. . mat. parker antiq. eccles . brit. and godwin in bonifacio . sollicitudo procuratoris episcoporum angliae . mat. paris hist . j●●d . p . archiepiscopi adventus in angliam . mat. paris hist . p. , . moderatio de visitationibus . mathaei paris . additamenta p. . . * jurisdictionem . mathaei paris . additamenta p. . matthaei paris additamenta p. . de procurationibus ecclesiarum parochialium . mat. paris hist . angl. p. . privilegium domus sancti augustini cantuar . * historiae anglicanae scriptores antiquae , col . , to . tho ▪ addit matt● p. ● thorn. col . . additamenta matthaei paris . p. , . * mat. paris p. . * here p. . . mat. paris his● ▪ p. . . magnum parliamentum in quindena paschae habitum . * and king johns charter concerning e - 〈◊〉 there 〈◊〉 ed , foreci●●d here p. , . claus . h. . m. . deliteris di●ectis domino papae . claus . h. . m. . dorso . de literis directis domino papae . claus . h. . m. . intus . mat. paris hist . . mat. paris hist . p. . archiepiscopus cantuarensis visitationem facit . * here p. . . mat. paris hist . p. . epistola missa papae ab episcopo lincol. mat. . . * non obstante . thes . . cor. . . mat. . . mat. paris hist . angl. p. . papa indignatu● valdè lectis literis episcopi lincoln . mat. paris hist . p. , . mat. westm . anno . p. , , &c. , . episcopus lincolniensis infirmatur ad mortem . mat. paris hist . p , . lugubris querimonia de oppreffionibus ecclesiae . mat paris hist . p. , . mors episcopi lincolniensis roberti . mat. paris hist . p. . annalis conclusio . mat. paris hist . p. , , , , . dirum somnium innocentii quarti papae . papalis exercitus victus . a polychron . ● . . c. . b de eventibus angliae , l. . c. . col . . see godwin in his life ; balaeus in innocentio . mat. paris histo p. , . see godwin in his life . h. de lexintona eligitur episcopus . mat. paris hist p. , . discordia inter archiepiscopum bonifacium & capitulum lincoln . pat. h. . m. . dorso . de provisionibus faciendis . * here p. . pat. h. . m. . intus . de crucesignatis . pat. h. . m. . intus . de negotio crucis . pat. h. . m. . vel . de procuratori . bus constitutis . pat. h. . m. . intus . de passagio regis . pat. h. . m. . intus . pro archiepiscopo armach . pat. h. . m. . dorso . de procuratoribus constitutis in curia romana . claus . h. . m. . dorso . de missa beati edwardi celebrandae . mat. paris hist . p. , . papa obtulit regnum siciliae regi anglorum . mat. paris hist . p. . mar. west . an. . p. . . conradus re● siciliae mo●itur ▪ exultat papa de ●orte con●adi regis . matthaei paris . additamenta p. , , . * the popes will must be preferred before gods publick worship . * thus only of the pope not him . * therefore the popes grant to the king of england was meerly void . * was not this pope the grand delinquent , guilty of this charge ? mat. paris hist . p. . . innocentius quartus moritur . visio terribilis de eodem papa . * animas . creatur alexander quartus papa . mat. west . p. . see platina , onuphrius , stella , balaeus , and others in alexandro . mat paris hist . p . edmundus filius regis angliae inv●sti●u● regno siciliae . mat. paris hist , p. , . rex impedit electionem archiepiscopi eboracensis , see godwin i● his life . pat. h. . m. . de quibusdam assignatis ad negotium crucis exequendū . pat. h. . m. . dorso . de negotio crucis . claus . h. . m. . dorso . de decimis ecclesiarum ad negotium crucis . pat. h. ▪ m. . intus . de quodam admittendo in hibernia ad decimas ecclesiarum colligendas . claus . h. . m. . de quodam misso in hibernia ad decimas ecclesiarum colligendas . claus . h. . m. . dors . claus . h. . m. . intus . hibern . claus . h. . m. . dorso . hibern . claus . h. ▪ m. . rot. vascon . h. . m. . intus . pro decano & capitulo waterford . claus . h. . m. . dorso . hybern . claus . h. . m. . dorso de non tenendo placitum in curia christianitatis . claus . h. . m. . intus . pro archiepiscopo cantuar. * here p. . claus . h. . m. . intus . de prohibitione facta archiepiscopo cant. pro rege . claus . h. . m. . intus . pro henrico de sobburr . claus . h. . m. . de quibusdam liberandis offic. cantuariensis archiepiscopi . claus . h. . m. . intus . pro capitulo s. petri ebor. rot. vascon . h. . m. . intus . de dedicatione ecclesiae westm . mat. paris hist . angl. p. . inauditum mandatum regis angliae . mat. paris hist . angl. p. . rex ex bonis abbatium vacantium solvit suis debitoribus mat. paris hist . p. , . mat. westm . anno . p. . episcopi herefordensis consilium pr●●●m . proditio inaudita . mat. paris hist . p. , . m. rustandus à papa destinatus , venit in angliam . * notwithstanding all his former writs , oathes , engagements , declarations to foreign princes , to perform this voyage . mat. paris hist . p. , . mat. westm . anno . p. . parliamentum celebratum , propter commissionem m. rustandis mat. paris hist . p. , . literae papales impetratae pe● episcopum herefordensem . mat. paris hist . p. , . consilium londini habitum à praelatis angliae . episcopus herefordensis & sui nituntur schisma inter praelatos suscitare . mat. paris hist . p. , . secunda congressio praelatorum coram rustando . anni conclusio . mat. paris hist . p. , . claus . h. . m. . dorso . pro episcopui roff. claus . h. . m. . dorso . de festo sancti edwardi celebrando . claus . h. . m. . dors . pro crucesignatis , de trahendo cum balistis . claus . h. . m. . dors . pro episcopo dunelm . claus . h. . m. . de excommunicato à prisona deliberando percautionem . claus . h. . m. . dors . hiberniae . claus . h. . m. . dors . * here p. . claus . h. . m. . dors . pro archidacono de leges . claus . h. . m. . dors . pro capellanis ministrantibus in castro not. claus . h. . m. . dors . pro rege de orationibus ▪ claus . h. . m. . dorso . de prohibitione . nota. claus . h. ▪ m. . dorso . de inhibitione nota ▪ claus . h. . m. . dorso . de querela civium eborum versus archiepisc . eborum . nota. nota. * here p. , , ▪ * praecentori claus . h. , m. . dorso . de prohibitione . pat. h. . m. . dorso . de prohibitione . pat. h. . m. . dorso . de prioratu winton . nota. pat. h. . m. . intus . de monachis cathedralis ecclesiae winton . pat. h. . m. . dorso . de procuratore substiruto . claus . h. . m. . dorso de palfr . & cuppa abbatis oseney . pat. h. . m. . dorso . de facto apuliae . pat. h. . m. . dorso . de negotio crucis . pat. h. . m. . intus . pro pauperibus hospit . & viris religiosis in winton . dioc. claus . h. . m. . dors . pro herefordensi episcopo . patent : . h. . m. . intus . pro ecclesia & capitulo sancti martini lond , fines h. . m. . dors . fines h. . m. . dors . fines . h. . m. . dors . fines . . h. . m. . dors . fines . h. . m. . dorso . * the names o●● torne and illegible in the roll. anno . mat. paris hist ▪ angl. p. . praelati angliae mutire non audent contra rustand●m . mat paris hist . angl. p. . conventus episcoporum angliae londini . * mat. westm ▪ anno . p. . * here p. ▪ . mat. paris hist . angl. p. . provisio de observandis chartis libertatum concessarū , &c ▪ multorum pia provisio ene●vatur . mat. paris hist . angl. p. . johannes romanus archidiaconus richemundiae moritur . mat. paris hist . p. , . archiepiscopus cantuariensis vexat ecclesiam roffen . mat. paris hist . p. . w. de hort. & w. de s. edwardo monachi sancti albani romam missi . additamenta matthaei paris . p. , . mat. paris hist . angl. p. . literae papales ad abbatem s. albani ▪ mat. paris hist . p. . origo detestanda obligationis . literae papales nofariae . prior & conventus dunelmensis & giseburniae nolunt consentire obligationi praedictae . mat. paris hist . p. . ecclesia s. albani supponitur interdicto . mat. paris hist . p. . abbas de wared . misericordiam postulat a rege . abbas de wa●ed , misericordiam postulat ● rege . mat. paris hist . p. . . literae papales pro ordine cister . mat. paris hist . angl. p. . literae deprecatoriae pro ordine cisterc . mat. paris hist . angl. p . monachi cistercienses vectigal solvere coguntur . mat. paris hist . angl. p. . modificatio papalis . mat. paris hist . angl. p. . tepuit multorum devotio erga papam . mat. paris hist . p. , . papa scribit regi ac reginae angliae . * yet popes ea● dispense with them to infringe such oathes , without sin or scruple . mat. paris hist . angl. p. . redit archiepiscopus cantuariensis ex ▪ italia in angliam . mat. paris hist . angl. p. . mat. westm . anno . p. . r. de norwico electus in archiepisc . dubl . mat. paris hist . p. , . portus prohibetur . mat. paris hist . angl. p. . abbas westm . & rustandus transfretant . mat. paris hist . angl. p. . prior winton . intiusus stabilitur . mat. paris hist . angl. p. . prior winton . expulsi munus ad mensam papalem . mat. paris hist . p. , , . decanatus eboracensis per fraudem occupatur . godwins catalogue of bps. p. , . mat. paris hist . angl. p. . obitus quorundam episcoporum . mat. paris hist . angl. p. . scandalum ortum in coenobio glaston . * see bracton l. . de exceptionibus , c. . sect . . claus . h. . m. . dorso . pro rogero abbate de glaston . * see p. . mat. paris hist . p. . dublinensis & eboracensis stabiliuntur in archiepisc . suis . * acta pontif. ebor. col . . godwins catalogue of bps. p. . mat. paris hist . p. . andreas intrusus p●io . wintoniensis stabilitur . pat. h. . m. . dorso . claus . h. . m. . dorso . pat. h. ▪ m. . dors . de ecclesia linc. elongan . da. pat. h. . m. . intus . pro magistro rustando . pat. h. . m. . dors . de inquisitione quadam capienda . ( de puero per judaeum crucifixo . ) mat. paris hist : p. , . judaei duriter tractantur , ob puerum ab eis crucifixum . see holinshed , grafton , and others an. . h. . octodecim judaei tracti ad patibulum &c suspensi . * par. h. . m. . * here p. . . pat. h. . m. . hybern . * see here p. , . pat. h. . m. . pat. h. . m . dorso . hibern . * ecclesiasticae : claus . h. . m. . dors . pro elyensi episcop● . * see here p. , . claus . h. m. . dorso . de priore de thurgarton . * here p. . claus . h. . m. . dorso . pro hereford . episcopo . claus . h. . m. ● . dorso . mat. paris hist . angl. p. . episcopus herefordensis sibi colligit decimam . pat. h. . m. . intus . de negotio crucis . pat. h. . m. intus . quia reddita fuerunt brevia . ibidem . claus . h. . m. . dors . pro hospit . de saundon . claus . h. . m. . dors . de decima . pat. h. . m. . dors . de negotio crucis . pat. h. . m. . dors . de decima . pat. h. ▪ m. . dors . pat. h. . m. . dors . de negotio crucis ▪ pat. h. . m. . dorso . de duobus millibus marcarum ad expensas abbatis westm . & alias nunciorum regis . pat. h. . m. . dors . de negotio crucis . pat. h. . m. . dors . de negotio crucis . pat. h. . m. . pro domo militiae templi . pat. h. . m. . intus . de negotio crucis . ibidem . m. . intus . claus . h. . m. . dorso . ne clerici exeant regnum . pat. h. . m. . dorso . pat. h. . m. ● . dorso . pat. h. . m. . intus . pat. h. ● . m. . intus . claus . h. . m. . dorso . pat. h. . ● . . dorso . claus . h. . m. . intus . de passagio magistri rustandi . claus . h. . m. . dorso . mat. paris hist . angl. p. . multiplicantur in dies oppressiones ecclesiarum . claus . h. . m. . dorso . claus . h. . m. . do●●● . * hist . angl. p. . anni conclusio . * bracton l. . de rerum divisicne , cap. . sect . . f. . b. * lib. . de exceptionibus , cap. . sect . . f. . b. * see here p. , , . & book . c. . p. . bracton l. . cap. . f. , , . nota. * to wit , as to degradation , not execution ; for the ordinarie in cases of heresie cannot burn an heretick but only condem him to be burnt by the sheriffs or civil magistrate , by the kings writ de haeretico comburendo , which he may deny to grant , and th●n the bishop or ordinary cannot burn him , much lesse hang or behead a priest for felony or treason . * etiam . bracton de legibus & consuetudinibus angliae , l. . c. . & . f. , . bracton l. . c. . f. , &c. * see here p. . bracton l. . c. bracton de legibus angliae . l. . c. . p. . * see here p. , . * see here p. , , : bracton . . c. ● . f. . bracton de legibus & consuetudinibus anliae . . . c. , . bracton l. . c. . f. . bracton l. . c. , & . fol. , , . bracton . . . . f. . * without any oath to that purpose , since exacted against ●aw . † see register , pars . ● . , . fitz. nat. brev. ● . , . * nota. bracton l. . c. . fol. . bracton de legibus & consuetudinibus angl. l. . c. . p. . ▪ bracton l. . c. . f. . * and doth not the same law and reason hold in all ecclesiastieal courts , consistories , visitations , synods , which ought to be derived only from the king , as supream head and governour of the church as well as realm of england . see , e. . c. . eliz. c. . * if one justice cannot substitute another , nor one proctor another , how can one ecclesiastical judge delegate and subdelegate another ? bracton l. . c. . fol. . bracton de legibus angliae . l. . c. . mat. paris hist . p. . abbates ordinis cisterciensis convocantur regio edicto . mat. paris hist . p . praelati angliae promittunt regi conditionaliter magnam pecuniae summam ▪ mat paris hist . angl p . archiepiscopus cant. convocat praelatos suae provinciae . claus . : h. . m. . dorso . ● de convocatione revocanda . additamenta matthaei paris . p. , , , &c. * see here p. , . * here p. , , , . * their excommunications were so unjust , illegal , execrable , frequent , that all these abhorred and slighted them . * not● . * it was only their filthy lucre and usurpation under this pretext . * nota. * their injustice , illegality and frequency made them contemptible . * see here p. , . * they & their tenants only must be exempt , and all others burdened with taxes . * nituntur . * morè . * constitutiones legitimae ecclesiae totiusque regionis angl. printed parisiis . f. . * pag. . , , , , . * matthaei parisiensis additamenta . p. . . &c. * a fine episcopal combination ▪ one and all against the king. * constitutiones legitimae ecclesiae totiusque regionis anglicanae , parisiis . f. , , . * it was in neither , but an. . provincialis guillermi lindewode , l. . de poenis bonifacius , f. . . &c. * why not rather of gods people under the popes and their prelatical tyranny , oppressions , usurpations , excommunications , interdicts ▪ * a right antichristian canon , directly contrary to christs and his apostles examples , predictions , precepts , mat. . , . c. . throughout , john c , . and . mar. , , . c. . . rom. . . to . titus . , . pet. . , to . acts . , to . c. . . to . c. . . to . c. to ch . . * nota. * nota. * nota. * nota. * nota. * supponat . * provincialis guillernd lindewode l. . tit. de j●re pationatus , f. . provincialis guil lindewode l. . de paenes f. . * in regno●ngliae mat. paris addit . provincialis ● guil. lindewode l. . de praesenti excommunicatione f. . * their excommunications were so unj●st , v●xatious , illegal , that the king and his office●s could not ●xecute them , without peril ●o their souls , and great injustice . * excellent justice to in●c●d●ct who●e innocent 〈◊〉 c●st●●● , 〈◊〉 ▪ 〈◊〉 〈◊〉 〈◊〉 ct , 〈◊〉 ●●●●● g●ant a 〈◊〉 as 〈◊〉 at 〈◊〉 ●a●●● 〈◊〉 e. p●●v●ncialis g●●l . lindewod● , ●ol . . * ●eprehensi ●●t paris addit . * fornaburtur , forbanniuntur . mat. paris . * this in the parenthesis is not in mat. paris , and relates to a council at o●on , as if this council of boniface was there ●●●ld , not at westminster . * guil. linde . wode l. . tit. de privilegiis f. . * guil linde . wode l. . tit. de poenis . f. . * guil linde . wode l. . tit. de furtis . * nota. * the king must be admonished , his castles , cities , towns , vilages interdicted , and his subjects , officers excommunicated with a major excommunication , for issuing , or bringing prohibitions to relieve their subjects against bishops and their courts encroachments * interdictū provincial . guil. lindewode , l. . de immunitate ecclesiam . f. . provincialis guil. lindewode . l. . de immunitate ecclesiae . f. . * goods taken from clergy-men ●y the kings p●●v●yors must be sacril●ge . additamenta . p. ● here p. , , , , . provincialis g●● . lindewode l. . de immunitate ecclesiae ● . . * nota. * nota. * the judges must be excommunicated and interdicted if they reverse not their temporal judgements according to law in the kings courts , & conform them to the bishops interpretation and humours . provincialis guil. lindewode , l. . de poenitentiis & remissionibus , f. . provincialis guil. lindewode , l. . de testamentis , f. . * they make statutes as well as canons , as if they were a parliament . provincialis guil. lindewode , l. . de procurationibus & consiliis , f. . provincialis guil. lindewode , f. . * christ had no shaven crown , how then can it be his stigma ? provincialis guil. lindewode , f. . * christ and his apostles had no such prisons , imprisoned none , but were imprisoned themselves by temporal magistrates & kings , mat. . . c. . , . c. . . luke . . c. . . acts . . c. . . c. . , . c. . , . c. . . c. . . john . . c. . . phil. . . cor. . . rev. . . how then can bishops claim them ? † a tempore excommunicationis , mat. paris addit . * providerunt ; mat. par. addit * mistaken for . * mistaken for . * here p. . * see here , p. , to , , , , , , , , . a claus . e. m. . dorso . see ryleys appendix , p. . revocationes provisionum concilii radyng . b johannes de aton constit . f. . c provincialis guil. lindewode , l. . de sententia excommunicationis , f. . claus . h. . ● . . dors . pro episcopo dunelm . ibidem . pro rege . pat. h. . m. . dors . pat. h. . m. . intus , in cedula . de negotio crucis & decimae . pat. h. . m. . intus . de thesauro custodiendo apud novum templum london . mat. paris hist . angl. p. . rex non accep . tavit electum elyensem . pat. h. . m. . cedula dors . ejusdem . ibidem . ibidem . pat. h . dors . cedulae . pat. h. . m. . dors . litera directa papae de negotio apull . ibidem . ibidem . ibidem . ibidem . ibidem . ibidem . * he reckoned therein before his hoste . pat. h. . in cedula . litera directa com. leic. & p. de sabaud . pat. h. . m ▪ . intus . pat. h. ▪ m. . dors . pat. h. . m. . cedula . de magistro rustando . pat. h. . m. . cedula . de negotio crucis . pat. h . m. . in cedula . nota. ● mat. paris hist . p. . magnum parliamentum . mat. paris hist . p. . summa inutilium expensarum regis . claus . h. . m. . dorso . claus . h. . m. . dors . * see here p. . , . nota. claus . h. . m. . dorso . mat. paris hist . p. , . subprior elyensis eligatur in episc . see godwins catalogue of bishops , p. , . mat. paris hist . p. . cassatio electi elyensis . mat. paris hist . p. . electus elyensis transalpinat . mat. paris hist . p. . elyensis episcopus , & abbas s. aedmundi adplicant . mat. paris hist . p. . mat. paris hist . p. . obitus nicholai de fe●●ham episcopi quondam dunelm . mat. paris hist . p . rogerus de molend . eligitur in episcopum cestrensem . mat. paris hist . p . . impetrat electus sarisb . licentiam pristinos redditus reti●endi . mat. paris hist . p. . s. de wanton . confirmatur in episc . norwic. mat. paris , p. . . nonus ordo monachorum . mat. paris hist , p. . novum statutum romae factum de electis ad abbates exemptos . mat. paris hist . p. . mandat papa abbati s. albaniut provideat cuidam italico primum beneficium . mat. paris hist . p. . intrusus in decanatum eboracensem redditus inde recepit annuos . mat. paris hist . p. . see , godwins catalogue of bishops p. . , . archiepiscop . eboracensis excōmunicatus . an dom , . mat. paris hist . p. . . sewalus archiepiscopus ebor. moritur . quid fecerit dixeritque imminente morte praedictus archiepiscopus . mat. paris , hist , p. , , . mat. paris , hist . p. . . adventus est potestatus archiepiscopi messanensis . hist . angl. p. . archiepis . cant ▪ citatur romana responsurus de injuriis ablati● episc . roff. hist . angl. p. . anni conclusio . an. dom. mat. westm . p. . mat. paris . p. . . redit rustand . à curia romana . advenit herlotus papae nuncius in angliā . parliamentum london . habitum . mat. paris hist . p. . advenit frater mansuetus minorita missus à papa . quid regi responsum sit in parliamento . mat. paris hist . angl. p. , , . papa circumvenit regem angliae . regi auxilium pecuniare negatur . mittitur simon passeleve ad varios abbates pecuniae emungendae causa . simon passeleve abbatem & conventum sancti albani adit . * the pope can readily dispence withall oaths for lucre . fratres minores sese ingerunt in civitatem sancti edmundi . continuatio incaep●r parliamenti . mat. paris hist . p. , . parliamentum oxoniae habitum . mat. paris hist . p. . recedunt fratres regis uterini ab anglia . castellanus dove●ae magnum thesaurum intercepit , pat . h. . m. . dors . claus . h. . m. . dors . de denariis arestandis . claus . h ▪ . m. . dors . mat. paris hist . p. . recessit herlous papae nuncius ab anglia . denarii intercepti electi wintoniensis . pat. h. ▪ m. . dors . hibern . pat. h. : m. . intus . pro archiepiscopo armachanensi . pat. h. . m i● . intus . quaedam litera provisa de jure patronatus . pat. h. . m. . intus . pro magistro johan . clarell . pat. h. . m. . intus . pro electo dumens . hibern . claus . h. ● m. . dorso . pro episcope roffensi . claus . h. . m. . dorso . claus . h. . m. . dors . pro episcopo dunelm . claus . h. . m. . dorso . de facto sicil. claus . h. . m. . dorso . litera directa herefordensi episcopo . claus . ● . ● . m. . dorso . claus . h. . m. . dorso . de negotiis missis ad curiam romanam . ibidem . ibidem . claus . h. . m. . dorso . claus . h. . m. . dorso . ibidem . ibidem . ibidem . claus h. . m. . dorso . ibidem . claus h. . m. . dorso . claus . h . m. . do●so . * mar. paris hist p. . rex angliae absolvitur à juramento per papam . mat. paris hist . angl. p. . coronatio manftedi in regem apuliae . nota. * mat. paris p. , . mat. paris hist . angliae , edit . londini p. . nuncii destinati ad papam per angliae unive●sitatem . additamenta matthaei paris . p. , . litterae missae à communitate angliae domino papae . see mat. paris p. . * see here p. . to . mat. paris hist . p. , . saevitia electi winton . in quendam clericum . * here p. . * a false suggestion . * anno dom. . h. . mat. paris hist . angl. p. . obitus abbatis r. westm philippus electus abbas westmon . moritur ante confirmationem . * mat. paris hist . angl. p. , , . godfr . de kimeton electus in archiepis . ebor. & consecratus . see tho. stubs acta pontiff . ebor. col . godwins catalogue of bishops p. . mat. paris hist . angl. p. . convocantur praelati angliae oxoniae . mat. paris hist . angl. p. . h. de wengham eligitur in episc . winton . see godwin in the life of wengham . pat. h . m. . intus . pro h. electo london . * see godwins catalogue of bishops , p. . & spelmanni glossarium cancellariorum catalogo . par. h. . m. . intus . pro h. london . electo . pat. h. . m. . dorso . pat. h. m. . intus . pro archiepiscopo tuamensi de restitutione temporalium hibernia . ibidem . claus . h. . m. . dorso . de respectu pro richardo de grey . ibidem . pat. h. . m. . dorso . ibidem ▪ ibidem . pat. h. . m. . dorso . ibidem . claus . h. . m. . dorso . claus . h. . m. . dors . claus . h. . m. . dors . compotus decani hereford . quem reddidit pro episcopo hereford . * see mat. paris hist . p. . episc . heref. multiplicibus meritis exigentibus , turpiter infirmatus , morphea polypo , vel quadam specio leprae percussus , sauciatur . claus . h. . pars . m. . dorso . pro rege & archidiacono leodiens . & wil. bonquer , de mutuo contrahendo in curia romana * many of the cardinals and pope : officers had pensions from the king to expedite his affaires . claus . h. . m. . dorso . de quadam litera restituta regi . claus . h. . m. . dorso . pro rege . ibidem . ibidem . pro rege . claus . h. . m. . dorso . inhibitio de decima . claus . h. . pars . m. . dorso . peo rege & magistro johanne mansell . claus . h. . pars . m. . dorso . pro magistro johanne mansell . claus . h. . pars . m. . dorso . pro rege . * a cardinals nephew was then able to contest with the king , and deprive him of the antient rights of his crown in the court of rome . claus . h. . pars . m. . dors . claus . h. . pars . m. . dorso ▪ claus . h. . pars . m. . dorso . pat. h. m. . dors . pro magistro henrico kilkenny , & sociis suis executoribus testamenti ▪ w. quondam eliensis episcopi . claus . h. pars . m. . dorso . pro rege . pat. h. . pars . . m. . intus . pro rege . pat. h. . pars . m. . intus . pro rege deprocurationibus . ibidem . ibidem . claus . h. . pars . m. . dorso . claus . h. . m. . de scrutatione facienda per omnes portus . claus . h. . pars . m . do●so . pro episcopo london . claus . h. ▪ pars . m. . dors . prohibitio pro burgensibus novi castri super tinam . * to wit of matrimony and testament only . claus . h. . par . . m. . nota. pat. h. . pars . m. . pro episcopo dunolm . claus . h. . pars . m. . dorso . claus . h. . pars . m. . dorso . de capellano praesentato ad serviendum in capella beatae mariae de havering . claus . h. . pars . m. . dorso . pro hereford . episcopo . claus . h. . pars . m. . dorso . pro willielmo capellano reginae . claus . h. . pars . m. ▪ dorso . claus . h. . pars . m. . de sequestro ecclesiarum episc . karleol . claus . h . pars . ●● . . dorso . pro wyberto de kanc. claus . ● h. . par . . m. . corso . pro wyberto de kanc. & willielmo de s. gorono . claus . h. . pars . m. . pro episcopo glasg . sco● . cart. pat. claus . ab a●●●● h. . usque . ibidem . ●● . intus . ibidem ▪ claus . h. . pars . m. . dorso . de excommunicato a prisona deliberando . claus . h. . m. . dorso . pro griffolino nepote magistri arloti . claus . h. ▪ pars . m. . dorso . pro griffolino nepote magistri arloti . claus . h. . pars . m. . dorso . pro monachis winton . missis per diversas abbatias . * here p. , . pat. h. . pars . m. ▪ dorso . pat. h. . m. . dorso . pat. h. . pars . m. . intus . de umberto de coquinato . claus . h. . pars . m. . dorso . de johanne walerand de debitis . claus . h. pars . m. . dors . pro thoma de guldeford capellario ibid. dorso . . pat. h. . m. . intus . pro magistro willielmo de bakepuz . hibernia . pat. h. . pars . m. . intus . pro electo elfinens . hibern . pat. h. . pars . m. . intus . pro episcopo ossor . hibern . mat. paris hist . p. , . gravis dominatio alienigenarum in anglia . anglia liberatur ad tempus ab exactoribus romanis . claus . h. . m. . dorso . prohibitio ne clerici trahantur in causam extra angliam . claus . h. . m. . dorso . pro magistro nicholao archid . eliensi . claus . h. . m. . dors . dc ballena de lindesey . pat. h. . pars . m. . intus . de libertatibus & privilegiis capellarum regis . see here p. . * see here p. , to . pat. h. . pars . m. . intus . pro rege de procuratoribus constitutis in curia romana . ibidem . pat. h. . m. . intus . pat. h. . m. . intus . hiberniae . anno . claus . h. . m. . dorso . claus . h. . m. . dorso . claus . h. . m. . dorso . claus . h. . m. . dorso . claus . h. . m. . dorso . pat. h. . m. . intus . de procuratoribus constitutis in curia romana . claus . h. . m. . dorso . pat. h. . m. . dorso . nota. pat. h. . m. . intus . pro rege de inhibitione in curia romana facienda . * mat. paris . p. , , . claus . h : . m. . dorso . nota. claus . h. . m. . dorso . pat. h. . m. . intus . de procuratoribus constitutis in curia romana . * see here p. , to . * see here p. , to . pat. h. . m. . intus . pat. h. . m. . intus . pat. h. . m. . intus ▪ pro arlotino nepote quondam magistri arloti domini papae notarii . pat. h. . m. . intus . pro episcopo elphinen . hibern . pat. h. . m. . intus . pro archiepiscopo tuam . hibern . pat. h. . m. . intus . pro archiepiscopo cantuar. * sec othoboni constitut . quod religiosi non emant vel vendant johannis aton , f. . pat. h. . m. . intus . pro rege & civibus linc. pat. h . m. . intus . de submissione cujusdam praesentationis . anno . pat. h. . m. . intus . de bladis episcopatus sarr , appreciand . pat. h. . m. . intus . de fine episcopi winton . de emptione bladi sui episcopi . extract . donationum annis , , h. . cart. pat. & claus . infimul ab an. h. . ad . * see godwins catalogue of bishops , p. , . cart. pat. & claus . an. h. . ad . cart. pat. claus . ab an. h. . ad an. . ibid. m. . intus . cart. pat. claus . ab . an. . ad h. . cart. pat. claus . ab an. . ad an. h. . chart. pat. claus . ab an. ad ▪ h. . m. . intus . ibidem . extract . donationum &c. an. , , , h. . m. . intus . extract . donationum in anno h. . m. . intus . extract . h. . m. . intus . * mat. paris , p. , . extract . donationum anno h. . m. . intns . mat. pa ris hist . p. . pat. h. . m. . dorso . extract . donationum annis , , h. . m. . dorso , pat. h. . m. . dorso . 〈◊〉 pat. h. . m. . intus . pat. h. . m. . dorso . pat. h. . m. . intus . extract . donationum in an. h. . m. . intus . extract . donationum anno to ● h . . intns . ibidem . claus . h. . m. . dors . claus . h. . m. . dorso . claus . h. . m. . dorso . pat. h. . m. . intus . de estimatione fructuum beneficiorum facienda . ibidem . extract . h. m. . claus . h. . m. . dorso . claus . h . m. . dorso . claus . h. . m. . dorso . nota. claus . h. . m. . dorso . claus . h. m. . intus . de decima beneficiorum ecclesiasticorum mittenda ad regem . claus . h. . m. . dorso . claus . h. . m. . dorso . claus . h. . m. . dorso . an. . h. ▪ ( a ) actus pontificum eborac . col. . ( b ) catalogue of bishops , p. . * mat. paris hist . p. . * see mat paris p. , . pat. h. . in cedula consuta m. . intus . pat. h. . m. . pro radulpho de mortuo mari . ibidem . * mat. paris . , to . . . , , . see godwins catalogue of bishops p. . pat. h . m. . intus . numero . . see crooks . instit . p. , . mistaken in the year . nota. ibidem . pat. . h. . m. . pro judaeis lincoln . see matt. west . an. . holinshed , speed , and daniel . pat. . h. . m. . intus num . . pat. . h. . m. . intus . pat. . h. . m. . dors . anno . p. , . an. dom chronica w. thor. col . . mat. west . an. . p. . . nota. mat. paris hist . p. . mis●us legatus a papa ex communicat . barones . pat. h. . m. . dorso . pat. . h. . intus . pro episcopo dub. hibernia . pat. h. . m. . intus . an. dom. . mat. westm . p. , . * page . excommunicantur episcopi & ubii qui simoni faverant an. . p. , . * mat. westm . an. . p. . * see mat. west . . p. . pat. h. . m. . dorso . * mat. west . p. . pat. h. . m. . intus . de procuratorio in curia romana . pat. h. . m. . intus . pro episcopis london . & cicestr . de conducta suo . pat. h . m. . dorso . * an. . p. , . , . , . . nota. * confictis . * othobonis . * mat. paris edit . londini . p. , . godwins catalogue of bishops p. , . * mat. paris . p. ▪ . * see mat. west . an. . p. . contin ▪ mat. paris p. . walsingham , ypodigmu neastr . an. . see holinshed ▪ grafton , speed , daniel . mat. paris hist . p. , . legatus mittit ad exhaeredatos in insula elyensi congregatos . * see here p. . exp●stulationis exhae●edato●um . mat ▪ paris . hist . p. , , . mat. westm . anno. . p. , ▪ polichronicon ▪ l. . c. . * polichron . l. . c. . pat. h. . m. . dors . ibidem . a antiquitates brit. p. . b catalogue of bishops p. . c mat. west . anno. . cart. . h. . m. . in cedula . * a character of our late wars & confusions . * the principal part of his regal office & care . nota. * concealed from publick view . * mat. parker . antiqu. eccles . brit. p. . * here p. , . claus . h. . l m. . dors . ibidem . clans . h. . m. . dors . claus . h. . m. . claus , . h. . m. . pat. . h. . m. . intus . de procuratoribus constitutis curia romana . ibidem . ibidem . pat. h. . m . de procuratoribus constitutis in curia regis franciae . pat. h. . m. . intus . de temporalibus restituendis . pat. h. . m. . dors . pat. h. . m. . intus . d ▪ collectoribus decimae assignatis . in diversis diocesibus . pat. h. . m. . de collectoribus detimae incertis diocesibus assignatis . pat. h. . m. . dors . * grand extortion . * nota. pat. h. . m. . intus . de priora sanctae fretheswid . oxon. de decima . pat. h. . m. . pro archiepis . cantuar. totius angl. primate . pat. h. . m. . intus . de fine pro decima episcopatus sarum . pat. h. . m. . intus . pro decano & capitulo ecclesiae welle de fine pro decima . claus . h. . m. . intus . pro rege & rege aleman . elaus . h. . m. . dors . nota. pat. h. . m. . intus . pro electo wygorn . * see here ▪ p. . . pat. h. . m. . hibernia . pat. h. . m. . intus . pro decano & capitulo ebor. & quibusdam card. mat. westm . p. contin . mat. paris p. . & holinshed an. . antiqu. eccles . brit. p. . * constitutiones legitimae ecclesiae totiusque regionis angllcanae ab legatis à latere summorum pontificum collectae , & a dom. johanni de aton diligenter explanatae divinurth o pus omnibus iis qui sacris initiati sunt utile ac necessarium parrisiis . . f. , . johannis athonis constit . dom. othoboboni . f. ibid f. . , . ibid. f. , &c. ibid f. . . * nota. * iibid. f. . * ibid f. . * ibid. f. , . ibid. p. , . nota. * the more shame and blame for popes or others to dispease with or tolerate such mischiefes . * is not this the case of popes & other prelates dispensing with pluralities which they thus condemne . ibid. f. , . de commendis ecclesiarum . * ministeriis . * let popes and prelates consider this . nota. * the popes crime , practice and evasion . nota. * the original chief author , ●omenter , protector of these abusive commendates for filthy luchre , into whose hands they must fall again by this provision , to sell or dispense with them de ●ovo . ibid. f. ● claus . h. . m. . de duabus crucibus & bonis & catallis judaeorum oxon. faciendis . claus . h. . m. . de cruce marmorea erigend . in placia scholar de merton . oxon. de quadam cruce portatili eisdem liberand . in domo sua . claus . h. . m. . dorso . * antiqu. eccles . brit. p. . pat. h. ▪ m. . intus . pro episcopo ostiensi . pat. h. . m. . intus . pro domino papa & episcopo capitulo sar. * nota. pat. . h. m. . intus . pro regina dicima hibernia . ibidem . pat. h. . m. . intus . de signo crucis tradito e. primogenito regis & vicesina sibi concessa . pat. h ▪ . m. . intus . pat. h. . m. . intus . pat. h. ▪ m. . intus . pat. ▪ h. . m. . intus . de decima elyen . ibidem . pat. h. . m. . intus . pro de ima linc. ibidem . pat. h. . m. . intus . de decima atchiepiscopatus cantuar. pat. h. . m. . intus . de decima episcopatus roffon . pat. h. ▪ m. . intus . de decima episcopatus hereford . pat. h. . m de decima . pat. h. . m. . intus . de domino papa & ecclesia romana . pat. h. . m. . intus . p. . sanctorum cosme & damiani diac. card. decima . pat. h. ● . m. . intus de decimae abbaciae de sancto altano . pat. h. . m. . dors . pat. h. . m. . intus . pat. h. . m. . intus . pat. h. . m. . intus . * see mat ●● est . an. . claus . h. m. . intus . * see mat west . anno . pat. h. . m. . dorso . claus . h : m. . dorso . * see monasticon anglicanum . vol. . p. , , brevia regis anno . e. . * see monasticon angl. vol. . p. . , . pat. h. . m. . pat. h. . m. . contin . mat. paris p. . mat. parker antiqu. eccles . brit. p. . . godwin in his life , and the life of rob. kilwarby henry de knigton , de eventibus anglia . l. . c. * mat. parker p. . pat. h. . m. intus . pat. h. . m. . intus . pat. h. . m. . * antiq. eccles . brit. p. . * godwins catalogue of bishops . p. . * here p. to . * pet. . , , . tim. . , tit. . . , , acts . & , , . phil. , . see gulielmus peraldus destructorium vitiorum tom. . de avaritia . cap. . quod non liceat habere plura ecclesiastica beneficia . pat. h. . m. . intus . * pecuniis . * propter . * o blasphemy . pat. h. . m. . intus . * see p. . . pat h. . m. . * see spelmani glossarium . tit. kernnellare . claus . h. m. . dorso . an. . p. . contin . mat. paris p. , . walsingham . ypodigma neustr . anno. . pat. h. . m. . intus . pat. h. . in cedula . dor . so consuta m. . norwic. ibidem . ibidem . * acts and monuments . vol. . p. . * page . history of englands monarks book . ch . . sect . . p. * see he●e p. . to ▪ mat. paris hist . p. . * see here p. , , . a ypodigma neustriae . p. see here p. to . . * see here book . . c. . p. . . & . , . ● &c. b ypodigma an. . p. c contin . ▪ mat. paris . p. . * balaeus scrip-brit . centur. . c. . appendix p. . . notes for div a -e anno . monasticon anglicanum vol. . p. . . * monasticon angl. vol. . p. . anno chronicon . w. thorn. c. . col . . chronicon ●ill . tho●n . col. . , . ejectio monachorum de personatu . * such was the insolen●y o● pretended mortified monks as to keep possession of● churches against the king and his officers with armed soldiers . * the people had no masle nor divine service d●ring this space . * a military ● ▪ abbat . * such was his piety , god must not be there served till he was righted . nota. * all divine service must be publikly prohibited , peoples souls starved , and trading obstructed to satisfy the malice , pride , humors of popes and monks . nota. inhibitio facta judicibus per regem . excusationes judicium ad regem . nota. nota. the pope must be obeyed before the king. * a bold act having no legatine power in enlgand . ▪ chronicon . w. thorn. c confflictus p●o ecclesia de faversham cum archiepiscopo & archidiacono . conslictus pro ecclesia de middleton per archiepiscopum . chronicon will. thorn. col. . . * council . tom. . p. , , . * col. . * see spel●●in council p. . . * chronicon ▪ cap. . col. , . * concil . tom ▪ p. . register of ramesey abbey & monst con . ang● . vol. . p. . * monasticon . angl. vol. . p. . chronicon . will. thorne col. . , . nota. * chron. joannis bromton , col . , , , , , , . spelmannni & ●o . somneri glossarium , tit ▪ judicium dei. ordalium , codex legum antiqu . p. . antiqu. eccles . brit. p. , to . eadmerus an. . p. hist . l. . p. . glanvil l. . c. . bracton l. . de corona , c. . sect . . hoveden annal. pars . . . ● . † see joannis seldeni ad eadmerum & notae & spicilegium , p. . pat. h. . m. . * prohibited long before by pope stephea , gratian causa . qu. . sect . . ivo decretal . pars . c. . extrav . tit. de purgatione vulgari c. . & newly by honor. the th then pope , antiqu. eccles . brit. p. . monasticon angl. vol. ● . p. . , . * he was a britain not englishman , as this pope mistakes . * they were insatiable and never had enough * this was king o●fa his original priviledge . see here book . c. . ● . * as in ely & other monasteries , * see here book . c. . p. . spelmani glossarium abbates mitrati . * this contradicts pope agatho his bull to the abbot of peterburg . here book . . c. . p. . * why must not othes do the like ? * peter-pence , grantedto them by the king which the pope could not impose . * see book . c. . p. , monasticon . angl. vol . p. . ● a high usurpation on the crown , & abbots temporalties . * therefore the sacrament in that age was received by all persons in both kindes . * see book . c. . p. . . * mat. paris vitae abbatium . p. . see book . c. . p. . to , . , , . pat. h. . 〈◊〉 . see 〈◊〉 s. . 〈◊〉 p. ● . mat. paris hist . vitae . abbatum sancti albani p. . mat. paris hist . p. . caursini in jus vocantur . anno dom. . mat. paris . p. . mat. paris hist . p. . judaei pecuniis spoliantur . mat. paris hist p. . abbati abendoniae languenti , conventus alium● ▪ eligendi licentiam à rege impetrat . mat. paris hist . p. , . richardus comes electus in regem alemanniae . * mat. paris hist . p. . . seditio romae orta . excanduit papa in regem angliae . * claus . h. . memb . . dorso . the first and second part of a seasonable, legal, and historicall vindication and chronological collection of the good old fundamentall liberties, franchises, rights, laws of all english freemen ... wherein is irrefragably evinced by parliamentary records, proofs, presidents, that we have such fundamentall liberties, franchises, rights, laws ... : collected, recommended to the whole english nation, as the best legacy he can leave them / by william prynne of swainswick, esquire. seasonable, legal, and historical vindication of the good old fundamental liberties, franchises, rights, properties, laws, government of all english freemen. part - prynne, william, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the first and second part of a seasonable, legal, and historicall vindication and chronological collection of the good old fundamentall liberties, franchises, rights, laws of all english freemen ... wherein is irrefragably evinced by parliamentary records, proofs, presidents, that we have such fundamentall liberties, franchises, rights, laws ... : collected, recommended to the whole english nation, as the best legacy he can leave them / by william prynne of swainswick, esquire. seasonable, legal, and historical vindication of the good old fundamental liberties, franchises, rights, properties, laws, government of all english freemen. part - prynne, william, - . the second edition, corrected and much enlarged. [ ], , [ ], p. printed for the author, and are to be sold by edward thomas ..., london : . "the second part of a seasonable, legal and historical vindication, and chronological collection of the good old fundamental liberties, franchises, rights, lawes, government of all english freemen" has special t.p. and separate paging. signature n is missing in the filmed copy. signatures m'-n photographed from university of illinois (urbana-champaign campus). library copy and are inserted at the end. errata: p. [ ] at beginning. reproduction of original in yale university library. imperfect: film lacks nd pt. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng constitutional history -- great britain. great britain -- politics and government -- - . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - ali jakobson sampled and proofread - ali jakobson text and markup reviewed and edited - pfs batch review (qc) and xml conversion the first and second part of a seasonable , legal , and historicall vindication , and chronological collection of the good , old , fundamentall liberties , franchises , rights , laws of all english freemen their best inheritance , birthright , security , against all arbitrary tyranny , and aegyptian burdens ) and of their strenuous defence in all former ages ; of late years most dangerously undermined , and almost totally subverted , under the specious disguise of their defence and future establishment , upon a sure basis , by their pretended , greatest propugners . wherein is , irrefragably evinced by parliamentary records , proofs , presidents , that we have such fundamentall liberties , franchises , rights , laws . that to attempt or effect the subversion of all or any of them , ( or of our fundamentall government ) by fraud or force , is high treason . the principal of them summed up in x. propositions ; the chief printed treatises asserting them , specified : a chronological history of our ancestors , zeal , vigilancy , courage , prudence , in gaining , regaining , enlarging , defending , oft confirming and perpetuating them to posterity , by great charters , statutes , new confirmations , excommunications , speciall conservators , consultations , petitions , declarations , remonstrances , oaths , protestations , vows , leagues , covenants , and likewise by their arms , when necessitated , during all the britons , romans , saxons , danes , normans and english kings reigns , till this present ; collected for present and future publique benefit : with a brief touch of their late unparalelled infringments and subversions in every particular : the triall of all malesactors by their peers and juries , justified , as the onely legall , best , most indifferent , and all other late arbitrary judicatories , erected for their triall , exploded , as destructive both to our fundamentall laws and liberties . collected , recommended to the whole english nation , as the best legacy he can leave them , by william prynne of swainswick , esquire . the second edition corrected and much enlarged . psal . . . if the fundations be destroyed , what can the righteous do ? psal . . . they know not , neither will they understand , they walk on in darknesse : all the foundations of the earth are out of course . london , printed for the author , and are to be sold by edward thomas in green arbour , . errata . in the epistle , letter c. page . l. . read effect , d. p. . l. . 〈◊〉 tesmond , h. p. . l. . censurers , i. p. . l. of r. our k. p. . l. . r. heirs , l. p. . l. . r. exercerunt . in the margin h. p. . l. . aliquem , i. p. . l. . pacti l. p. . . r. . in the book p. . l. . r. as of , p. . l. . r. were resolved . p. . l. . r. vote of p. . l. . of p. . l. . of and p. . l. . statutes . p. . l. . r. e. . c. . p. . l. . to sedition p. . l. . r. parts . margin , p. . l. . ther r. other , p. . l. , , . r. . r. . cap. . h. . c. . h. . n. . l. . r. . e. . to all truely christian free men of england , patrons of religion , freedom , lawes , parliaments , who shall peruse this treatise . christian reader , it hath been one of the most detestable crimes , and highest impeachments against the antichristian a popes of rome , that under a saint-like religious pretext of advancing the church , cause , kingdom of jesus christ , they have for some hundred yeers by-past , usurped to themselves ( as fole monarchs of the world in the right of christ , whose vicars they pretend themselves to be ) both by doctrinal positions and treasonable practises , b an absolute soveraign , tyrannical power over all christian emperours , kings , princes of the world ( who must derive and hold their crowns from them alone , upon their good behaviours at their pleasures ) not onely to excommunicate , censure , judge , depose , murder , destroy their sacred persons ; but likewise to dispose of their crowns , scepters , kingdoms , and translate them to whom they please . in pursuance whereof , they have most traiterously , wickedly , seditiously , atheistically , presumed to absolve their subjects from all their sacred oaths , homages , natural allegiance , and due obedience to them , instigated , encouraged , yea expresly , enjoyned ( under pain of interdiction , excommunication , and other censures ) their own subjects , ( yea own sons sometimes ) both by their bulls and agents , to revolt from , rebel , war against , depose , dethrone , murder , stab , poyson , destroy them by open force , or secret conspiracies : and stirred up one christian king , realm , state , to invade , infest , destroy , usurp upon another ; onely to advance their own antichristian soveraignties , usurpations , ambition , rapines , worldly pompe and ends : as you may read at leisure in the statutes of h. . c. . h. . c. . h. . c. . eliz. c. . eliz. c. . eliz. c. . jacob. c. , , , . jacob. c. . the emperour frederick his epistles against pope gregory the . and innocent the . recorded in matthew paris , and * others , aventinus annalium boiorum , mr. william tyndal's practice of popish prelates ; the second homily upon witsunday ; the homilies against disobedience , and wilful rebellion ; bishop jewels view of a seditious bull ; iohn bale in his lives of the roman pontifs ; doctor thomas bilson in his true difference between christian subjection , and unchristian rebellion ; doctor john white his sermon at paul , s cross , march . . and defence of the way , c. , . doctor crakenthorpe of the popes temporal monarchy ; bishop morton's protestant apology ; doctor beard 's theater of god's judgements , l. . c , , . doctor squire of antichrist ; john bodin his commonwealth , l. . c. . the learned morney lord du plessy , his mystery of iniquity , and history of the papacy . the general history of france . grimston's imperial history . matthew paris , speed , holinshed , cambden , and others , in the lives of king john , henry the . queen elizabeth , and other of our kings , with hundreds of printed sermons on the of november . the principal instruments the popes imployed of late yeers , in these their unchristian treasonable designes , have been pragmatical , furious , active jesuites , whose society was first erected by ignatius loyola ( a spaniard by birth , but a c souldier by profession ) and confirmed by pope paul the . anno ● which order consisting onely of ten persons at first , and confined onely to sixty by this pope , hath so monstrously increased by the popes and spaniards favours and assistance ( whose chief janizaries , factors , intelligencers they are ) that in the yeer . d they caused the picture of ign●tius their founder to be cut in brass , with a goodly olive tree growing ( like jessees root ) out of his side , spreading its branches into all kingdoms and provinces of the world , where the jesuites have any colledges and seminaries , with the name of the province at the foot of the branch , which hath as many leaves as they have colledges and residencies in that province ; in which leaves , are the names of the towns and villages where these colledges are situated : round about the tree are the pictures of all the illustrious persons of their order ; and in ignvtius his right hand , there is a paper , wherein these words are engraven , ego sicut oliva fructifera in domo dei ; taken out of ps . . . which pourtraictures they then printed and published to the world : wherein they set forth the number of their colledges and seminaries to be no less then . ( increased to more , by the yeer . ) in all . as they published in like pictures & pageants printed at antwerp , . besides sundry new colledges and seminaries erected since . in these colledges and seminaries of theirs , they had then ( as they print ) fellews of their society of jesus , besides the novices , scholars , and lay-brethren of their order , amounting to neer ten times that number . so infinitely did this evil weed grow and spread it self , within one hundred yeers after its first planting . and which is most observable , of these colledges and seminaries they reckoned then no less then ( secret ones ) * in provincia anglicana , in the province of england , where were socii or fellows of that society : besides colledges of english jesuites elsewhere . in ireland and elsewhere colledges of irish jesuites : and in scotland and otherwhere residencies of scottish jesuites . what the chief imployments of ignatius and his numerous swarms of disciples are in the world , his own society at the time of his canonization for a romish saint , sufficiently discovered in their painted pageants , then shewed to the people , e wherein they pourtraied this new saint holding the whole world in his hand , and fire streaming out forth of his heart ( rather to set the whole world on fire by combustions , wars , treasons , powder-plots , schismes new state , and old church-heresies , then to enlighten it ) with this motto ; veni ignem mittfre : i came to send fire into the world ; which the university of cracow in poland objected ( amongst other articles ) against them , anno . and alphonsus de vargas more largly insisteth on in his relatio , de stratagematis & sophismatis politicis jesuitarum , &c. an. . c. , , . their number being so infinite , and the f pope and spaniard too , having long since ( by g campanella's advice ) erected many colledges in rome , italy , spain , the netherlands , and elsewhere , for english , scottish , irish jesuites ( as well as for such secular priests , friers , nuns ) of purpose to promote their designs against the protestant princes , realms , churches , parliaments of england , scotland , ireland , & to reduce them under their long prosecuted h universal monarchy over them , by fraud , policy , treason , intestine divisions , and wars , being unable to effect it by their own power ; no doubt of late yeers many hundreds , if not thousands , of this society , have crept into england , scotland and ireland , lurking under several disguises ; yea , an whole colledge of them sate weekly in counsel , in or neer westminster , some few yeers since , under conne the popes nuntio , on purpose to embroyle england and scotland in bloody civil wars , therby to endanger , shake , subvert these realms , and destroy the late king ( as you may read at large in my romes master-piece , published by the commons special order , an. . ) who occasioned , excited , fom●nted , the first and second intended ( but happily prevented ) wars between england and scotland , and after that , the unhappy differences , wars , between the king , parliament , and our three protestant kingdoms , to bring them to utter desolation , and extirpate our reformed religion . the kings forces ( in which many of them were souldiers ) after some yeers wars being defeated , thereupon their father ignatius being a souldier , and they his military sons , not a few of them i secretly insinuated themselves as souldiers , into the parliaments army and forces , ( as they had formerly done into k the kings ) where they so cunningly acted their parts , as extraordinary illuminates , gifted brethren , and grand states-men , that they soon leavened many of the officers , troopers and common souldiers , with their dangerous jesuitical state-politicks , and l practises , put them upon sundry strange designs , to new-mould the old monarchical government , parliaments , church , ministers , laws of england ; erecting a new general councel of army-officers and agitators for that purpose ; acting more like a parliament and supream dictators , then souldiers . and at last instigated the army by open force ▪ ( against their commissions , duties , oaths , protestations and solemn league & covenant ) to impeach , imprison , seclude , first elevē commoners ; then some six or seven lords ; after that to secure , seclude the majority of the commons house , suppress the whole house of lords , destroy the king , parliament , government , priviledges , liberties of the kingdom & nation , for whose defence they were first raised , which by no other adverse power they could effect . this produced new bloody divisions , animosities , wars , in and between our three protestant realms and nations ; & after with our protestant allies of the netherlands , ( * campanella's express old projected plots to subject us both to the popes and spaniards monarchies , effected by the spaniards gold and agents ) with sundry heavy monthly taxes , excises , oppressions , sales of the churches , crowns , and of many nobles and gentlemens lands and estates , to their undoing , our whole nations impoverishing , and discontent , an infinite profuse expence of treasure , of protestant blood both by land and sea , decay of trade , with other sad effects in all our three kingdoms ; yea , sundry successive new changes of our publick government , made by the army-officers , ( who are still ringing the changes ) according to campanela's and parsons platforms . so that if fire may be certainly discerned by the smoke ; or the tree commonly known by its fruits , as the truth it self resolves , matth. . . we may truly cry out to all our rulers , as the jews did once to the rulers of thessalonica , in another case , act. . . those ( jesuites ) who have turned the world upside down , are come hither also ; and have turned our kingdoms , kings , peers , monarchy , parliaments , government , laws , liberties , ( yea , our very church and religion too , in a great measure ) upside downe , even by those very persons , who were purposely raised , commissiond , waged , engaged by protestations , covenanes , vows , oathes , laws , allegiance and duty , to protect them from these jesuitical innovations and subversions . and those jesuites , spanish romish agents , who have so far seduced , so deeply engaged them , contrary to all these obligations , and to their own former printed engagements , remonstrances , representations , proposals , desires , and resolutions , for setling this nation in its just rights , the parliament in their just priviledges , and the subjects in their liberties and freedoms ; published to all the world , in the name of sir thomas fairfax , the army , and the general councel of the army , none volume . london , . ( which they may do well to peruse ) yea , against the votes , intreaties , desires , advices , of both houses of parliament , the generality of the good ministers , people of the three whole kingdoms , and their wisest , best affected protestant friends , who commissioned , raised , paid , assisted them for far other ends o whether may they , will they not ( in all humane probability ) rashly , blindly , suriously henceforth lead , drive , precipitate them , to our whole three kingdoms , churches , parliaments , laws , liberties total , final desolation , and the armyes too in conclusion , beyond all hopes of prevention , unless god himself shall miraculously change their hearts , councels , and reclaim them from their late destructive , heady violent courses : or put an hook into their noses , to turn them back by the way by which they came : or , set a timely period to their usurped armed power and extravagant late proceedings , of such a desperate unparallel'd , unprotestant strange nature , as none but the very worst of ignatius his disciples and engineers durst set on foot , or still drive on amongst us protestants . which i earnestly beseech , adjure , and conjure them now most seriously to lay ●o heart , before it be over-late . those who will take the pains to peruse all or any of these several printed books ( most of them very well worth their reading ) written against the iesuites and their practises , as well by papists as protestants , as namely , fides iesu & iesuitarum , printed . doctrinae iesuiticae praecipua capita , delph . . aphorismi doctrinae iesu●ticae . . cambitonius , de studiis jesuitarum abstrusioribus . anno . iacobus thuanus , passages of the jesuites . hist . l. , , , , , , , , , , , , , , , , , , , . . emanuel meteranus his passages of them . belgicae hist . l. , , , , , , , , to . willielmus baudartius , continuatio meterani , l. , , , . donatus wesagus , fides iesus & iesuitarum , . characteres iesuiticae , in several tomes . elias husenmullerus , historia iesuitici ordin● , anno . speculum sive theoria doctrinae iesuiticae , necnon praxis jesuitarum , . pasquier his jesuite displayed . petrus de wangen , physiogmonia jesuitica , . christopherus pelargus , his novus jesuitismus . franciscus . de verone , his jesuitismus sicarius , . narratio de proditione jesuitarum in magnae brit. regem , . consilium de lesuitis regno polonia ejiciendis . the acts of the states of rhetia , anno , & . for banishing the jesuites wholly out of their territories , ne status politicus turbaretur , &c. mentioned by fortunatus sprecherus , palladis rheticae , l. . p. , . melchior valcius , his furiae gretzero , &c. remissae , . censura jesuitarum , articuli jesuitarum , cum commonefactione illis oppositae anti-jesuites , au roy par . . variae doctorum theologorum theses adversus quaedam jesuitica dogmata . the remonstrance of the parliament of paris to henry the great against the re-establishment of the jesuites ; and their censure of mariana his book , to be publickly burnt , printed in french , . recited in the general history of france , in lewis . his life , & peter matthew , l. . par . . historia franciae . variae facultatis thologiae & curiae parisiensis , quam aliorum opuscula , decreta & censurae contra jesuitas , paris . conradus deckerus , de proprietatibus iesuitarum , . quaerelarum inclyti regni hungariae adversus corruptelas iesuiticas defensio . lucas osiander , his writing about the jesuites bloody plot , han. . iesuitarum per unitas belgii provincias negotiatio , anno . radulphus hospinianus , historia iesuitica , . bogermannus his catechismus iesuiticus . lodovicus lucius , historia iesuitica , basil . . arcana imperii hispanici , . mercure iesuite , in several tomes , geneve , de conscientia iesuitarum , tractat . censura sacrae theologiae . parisiensis , in librum qui inscribitur , antonii sanctarelli societatis iesu , de haeresi , schismate & apostasia , &c. paris , . anti-cotton ; ioannes henricius , deliberatio de compescendo perpetuo crudeli conatu iesuitarum , fran. . a proclamation of the states of the united provinces , anno . and another proclamation of theirs : with two other proclamations of the protestant states of the marquesate of m●ravia , for the banishing of the iesuites , london . alfonsi de vargas toletani , relatio ad reges & principes christianos , de stratagematis & sophismatis politicis societatis jesu , ad monarchiam orbis terrarum sibi conficiendam : in qua jesuitarum erga reges & populos optimè de se meritos infidelitas , erga ipsum poutificem perfidia , contumacia , & in fidei rebus novandi libido , illustribus documentis comprobatur , anno . jubilaeum , sive speculum jesuiticum , exhibens praecipua jesuitarum scelera , molitiones , innovationes , fraudes , imposturas , et mendacia , contra statum ecclesiasticum politicumque , in & extra europeum orbem ; primo hoc centenario , confirmati illius ordinis instituta et perpetrata : ex variis historiis , inprimis vero pontificiis collecta , anno . ( a piece worth perusing ) or else will but cast their eyes upon our own forecited statutes , and the * proclamations of queen elizabeth , king james , and king charls against jesuites , and seminary priests . a brief discovery of doctor allens seditious drifts , london . charles paget ( a seminary priest ) his answer to dolman , concerning the succession of the english crown , . william watson ( a secular priest ) his dedachordon or quodlibets , printed . now very well worthy all protestants reading . a letter of a. c. to his dis-jesuited kinsman , concerning the jesuites , london . romish positions and practises for rebellion , london . the arraignment of traytors , london . john king bishop of london , his sermons on november . , . king james his conjuratio sulphurea , apologia pro juramento fidelitatis : & , responsio ad epistolam cardinalis peronii . an exact discovery of the chief mysteryes of the jesuitical iniquity : and , the jesuites secret consultations ; both printed london . william crashaw his iesuites gospel , london . william feak of the doctrine and practice of the society of jesus , london . the many printed sermons of doctor iohn white , bishop lake , bishop andrews , doctor donne , doctor featly , doctor clerk , and others , preached on the fifth of november . lewis owen , his running register , london , . his unmasking of all popish monkes and jesuites , . and his jesuites looking-glass , london , . john gee , his foot out of the snare , &c. london , . with the jesuitical plots discovered in my romes master-piece ; and , hidden works of darkness brought to publick light , london . shall see the jesuites and their seminaries charged with , convinced of , and condemned for these ensuing seditious , treasonable , antimonarchical , anarchical positions and practises ; for which , their society hath by publick acts and proclamations been several times banished out of hungaria , bohemia , moravia , poland , the low countries , rhetia , france , transilvania , sweden , denmark , the palatinate , venice , aethiopia , japan and turkey , as well as out of england , scotland and ireland , as most insufferable pests and traytors ; in many of which they have yet gotten footing again . . that at least ●ifty several prime authors of that infernal society of jesus ▪ in several printed books ( which you shall finde specified in doctor john whites defence of the way , c. , . aphorismi-jesuitarum : iubilaeum , or , speculum iesuiticum , p. , . and the appendix to my fourth part of the soveraign power of parliaments , p. , . ) have dogmatically maintained ; * that the pope hath absolute power , not onely to excommunicate , but judicially to suspend , mulct with temporal penalties , depose , dethrone , pvt to death , and destroy any christian emperours , kings , princes , potentates , by open sentence , war , force , secret conspiracies , or private assasinations , and to give away their crowns and dominions to whoever will invade them , by treason or rebellion , at the popes command ; and that in cases of heresie , schisme , disobedience to , rebellion against the pope or see of rome , male-administration , refusal to defend the pope or church against her adversaries , insufficency to govern , negligence , tyranny , excesses , abuses in gove●nment , incorrigibility , vitiousness of life , and m necessity of the publick good , or safety of the church , state , or cavse of god ; as antonius sanctarellus the jesuite particularly defines , in his book de haeresibus , schismatibus , &c. printed in rome it self , anno . who affirms it to be , multum aequum & reipublicae expediens , ut sit aliquis supremus monarcha , qui regum hujusmodi excessus possit corrigere , & de ipsis ivstitiam ministrare ; sicut petrd concessa fuit facultas pvniendi paena temporali , imo etiam , paena mortis , dictas personas ad al●●●vm cokkeecmionem et exemplvm . ( whether the erection , title of , or proceedings against our beheaded king , in the late mis-named high court of justice , had not their original from hence ; and whether the army-officers derived not their very phrase , n of bringing the king to ivstiee , with their pretended necessity of pvblick good and safety , for it , from these very jesuites , or their agents in the army ; let themselves , the whole kingdom , and all wisemen now consider . ) moreover , some of the fifty authors , ( as creswel , or parsons the english jesuite , in his philopater , sect. . and * de officio principis christiani , chap. . affirm , that the whole school both of ( their ) divines and lawyers , make it a position certain and undoubtedly to be believed , that if any christian prince whatsover , shall manifestly turn from the roman catholick religion , or desire , or seek to reclaim others from the same ; or but favour , or shew countenance to an heretick ( as they deem all protestants , and dissenters from the see of rome in any punctilio , such ) he presently falleth from , & loseth al princely power & dignity ; & that by vertus & power of the law it self , both divine and hvmane , even before any sentence pronovnced against him by the svpream pas●or and ivdge . that thereby his subjects are absolved from all oathes and bonds of allegiance to him as to their lawful prince . nay , that they may and ovght ( * provided they have competent power and force ) to cast ovt svch a prince from beaking rvle amongst christians , as an apostate , an heretick , a back-slider , a revolter from our lord jesus christ , and an enemy to his own estate and commonwealth ; lest perhaps he might infect others , or by his example or command , turn them from the faith . and that the kingdom of such an heretick or prince , is to be bestowed at the pleasure of the pope , with whom the people upon pain of damnation , are to take part , and fight against their soveraign . out of which detestible and treasonable conclusions , most treasons and rebellions of late time have risen in the christian world ; and the first smoke of the gunpowder-treason too , as john speed observes in his history of great britain , p. . whereupon the whole * university of paris censured them , an. , and . not onely as most pernioious , detestable , damnable , erroneous , and perturbing the publick peace ; but likewise , as subversive of kingdoms , states , and republicks , seducing subjects from their obedience and subjection , and stirring them up to wars , factions , seditions , & principum parricidia , and the murthers of their kings . . that the jesuites have * frequently put these treasonable , seditious , antimonarchical , jesuitical , damnable doctrines into practice , as well against some popish , as against protestant kings , queens , princes , states : which they manifest , . by o their poysoning jone albreta queen of navarre , with a pair of deadly perfumed gloves , onely for favouring and protecting the protestants in france against their violence , anno. . . by their suborning and animating p james clement a dominican frier , to stab king henry the third of france in the belly with a poysoned knife , whereof he presently died , anno. . for which they promised this traytor , a saintship in heaven . pope sixtus the fifth himself commending this foul fact in a long oration to his cardinals , as insigne & memorabile sacinus , non sine dei opt. max. particulari providentia , & dispositione , et spiritus sancti suggestione designatum : facinusque longe majus quam illud s. judith , quae holofernum è medio sustulit . . by q cammolet the jesuites publick justification of this clement in a sermon at paris anno . wherein he not only extolled him above all the saints , for his treason against , and murder of henry the . but broke out likewise into this further exclamation to the people : we ought to have some ehud , whether it be a a monke , or a souldier , or a varlet , or at least a cow-herd . for it is necessary , that at least we should have some ehud . this one thing onely yet remains behinde : for then we shall compose all our affairs very well , and at last bring them to a destred end . whereupon , by the jesuites instigation , the same yeer . one peter bariere , undertook the assasination of king r henry the of france : which being prevented , and he executed , thereupon they suborned and enjoyned one of their own jesuitical disciples , john castle , a youth of yeers old , to destroy the king : who on the of december . intending to stab him to the heart , missing his aim , wounded him onely in the cheek , and stroke out one of his teeth ; for which treasonable act he was justified , applauded , as a renowned saint and martyr , by the jesuites , in a printed book or two , published in commendation of this his undertaking . as namely , by bonarscius the jesuite , in his amphitheatrum , franciscus verona constantinus , ( a jesuite ) in his apologiapro iohanne castello , contra edictum parliamenti , & supplicium de eo ob parricidium sumptum , an. . where he thus writes of the attempt upon hen. . whosoever diligently ponders , that henry was excommunicated , an heretick , relapsed , a prof●ner of holy things , a declared publick enemy , an oppressor of religion ; and ( thereupon ) a person secluded from all right to the kingdom ; and therefore a tyrant , not a king ; an vsurper , not a lawful lord ; he verily , unless he be mad , and destitute of humane sence , and love towards god , the church , and his country , cannot otherwise think or speak ; but that the fact of castle was generous , conjoyned with vertue ; and heroical , to be compared with the greatest and most praise-worthy facts which the ancient monuments of sacred and prophane histories have recorded . one thing onely may be disliked , namely , that castle hath not utterly slain and taken him from the midst of us . in sum , he denies this henry to be any king of france , by right or inheritance , because , ( in his and the jesuites opinion onely , not in truth ) he was both an heretick , and a tyrant . asserting , that it was lawful for castle , or any other private man , to destroy an heretick or tyrant , much more then , him that was both . and * john guignardus a jesuite , ( fellow of the jesuites colledge of claremount ) in his papers then seised by , and reported to the parliament of paris , anno . not onely compared henry the third and fourth to nero and herod , and justified clements murder of the one , and castles attempt upon the other , as most heroical and praise-worthy actions : but likewise added , that if we in the year . on saint bartholmews day , ( in the general massacre of the french protestants ) had cvt off the basilicon veine , ( henry king of navarre ) we had not fallen out of a feavour , into that plague , which now we finde . sed quicquid delirant reges plectunctur achivi , sangvini parcendo . that king henry should be but over-mildly dealt with , if he were thrust from the crown of france , into a monastery , and there had his crown shaven . that if he could not be deposed without a war , then a war was to be raised against him : but if a war could not be levied against him , the cause being dead , clam e medio tollatvr : he should then be privily murdered and taken out of the way . for which the parliament of paris adjudged and executed him for a traytor . yea , so desperately were the jesuites after this , bent to destroy this king , that * alexander hay ( a scottish jesuite of claremont , ) privy to castles villany , used to say , that if king henry the fourth should pass by their colledge ( the first there built for them ) he would willingly cast himself out of his window headlong upon him , so as he might break the kings neck , though thereby he brake his own . yet was he punished but with perpetual banishment . after which jesuitical conspiracies detected and prevented , notwithstanding this king henry ( before these two attempts to murder him ) had by their sollicitations , renounced the protestant religion , professed himself a zealous romanist , recalled the jesuites formerly banished for the murther of henry the third , against his parliaments and counsels advice , reversed all the decrees of parliament against them , razed the publick pillar set up in paris , as a lasting monument of their treasons and conspiracies ; built them a magnificent colledge in paris , indowed them with a very large revenue ; entertained pere cotten ( one of their society ) for his confessor ( who revealed all his secrets to the king of spain ; ) bequeathed a large legacy of plate and lands to their society by his will , and was extraordinary bountiful and favourable towards them ; yet these bloody ingrateful villains , animated that desperate wretch , * ravilliac , to stab him to death in the open street in paris , anno . albigni the jesuite being privy to this murder , before it was perpetrated . yea , francis de verona in his apology for john castle , p. . thus predicted his second mortal stab , in these words , though this prince of orange scaped the first blow , given him in his cheek , yet the next hit , whereof this was a presage ; as the blow given by castle shall be the fore-rvnner of another blow . such implacable regicides are the jesuites . . by their suborning , instigating sundry bloody instruments one after another , to murder ſ william prince of orange , prevented in their attempts by god's providence , till at last they procured one balthasar gerard to shoot him to death with a pistol , charged with three bullets , an. . the jesuites promising him no less then heaven it self , and a canonization among the saints and martyrs , for this bloody treason , as they did to james clement before , for murdering the french king. and it is very remarkable , that after this murder of his , * thomas campanella ( a jesuited italian frier ) prescribed this as a principal means to the king of spain of reducing the netherlands under his monarchy again , to sow emulation and discords amongst their nobles , states , and to murder prince maurice his son and successor , which he expresseth in these direct termes . maxime opus est , ut serpens seditionis , comes scilicet mauritius interimatur ; non vero per bellum diuturnum , copia illi danda est , magis magisque succrescendi : which they * twice likwise attempted to affect ; an. , and . no wonder that they so much endeavour by all means & instruments to suppress that noble family now , to whom the netherlands principally owe their infranchisement from the spanish yoak of bondage . . by t their poysoning stephen botzkay prince of transylvania , for opposing their bloody persecution . . by their manifold bloody plots and attempts from time to time , v to murder , depose , stab , poyson , destroy our famous protestant queen elizabeth , by open insurrections , rebellions , invasions , wars , raised against her both in england and ireland ; and by intestine clandestine conjurations ; from which gods ever-waking providence did preserve her . amongst other conspiracies , that of patrick cullen , an irish frier , ( hired by the jesuites and their agents to kill the queen ) is observable . x holt the jesuite , ( who perswaded him to undertake the murdering of her ) told him , that it was not onely lawful by the laws , but that he should merit gods favour , and heaven by it ; and thereupon gave him remission of all his sins , & the eucharist , to encourage him in this treason ; the chief ground whereof ( and of all their other treasons against this queen ) was thus openly expressed by iaquis francis , for cullens further encouragement ; that the realm of england , then was and would be so well setled , that unless mistras elizabeth ( so he termed his dread soveraign , though but a base landressson ; ) were suddenly taken away , all the devils in hell would not be able to prevail , to shake and overturn it . which then it seems they * principally endeavoured , and oft-times since attempted , and have now at last effected , by those who conceit they demerit the title of saints ( though not in a romish kalender ) and no less then heaven , for shaking , overturning , and making it no kingdom . . by their y conspiracy against king james , to dep●ive him of his right to the crown of england , imprison , or destroy his person : raise rebellion , alter religion , and subvert the stat● and government ; by vertue of pope clement the eighth his bull directed to henry garnet , superiour of the iesuites in england : whereby he commanded all the archpriests , priests , popish clergy , peers , nobles and catholicks of england , that after the death of queen elizabeth by the course of nature , or otherwise , whosoever shall lay claim or title to the crown of england , ( though never so directly or neerly interessed by descent ) should not be admitted unto the throne , unless he would first tolerate the rom●sh religion , and by his best endeavours promote the catholick cause ; unto which by his solemn and sacred oath he should religiously subscribe , after the death of that miserable woman ; ( as he stilled queen elizabeth . ) by vertue of which bull , the jesuites , after her decease , disswaded the romish-minded subjects , from yielding in any wise obedience to king james , as their soveraign ; and entr●d into a treasonable conspiracy with the lord cobham , lord gray , and others , against him , to imprison him for the ends aforesaid ; or destroy him : pretending that king iames was no king at all before his coronation ; and that therefore they might by force of arms , lawfully surprise his person , and prince henry his son , and imprison them in the tower of london , or dover-castle , till they inforced them by duress , to grant a free toleration of their catholick religion , to remove some evil counsellors from about them , and to grant them a free pardon for this violence ; or else they would put some further project in execution against them , to their destruction . but this conspiricy being discovered , the traytors were apprehended , arraighned , condemned , and watson and clerk ( two jesuited priests who had drawn them into this conspiracy , upon the aforesaid pretext ) with some others , executed as traytors ; z all the iudges of england resolving , that king iames being right heir to the crown by descent , was immediately upon the death of queen elizabeth , actually possessed of the crown , and lawful king of england , before any proclamat●on or coronation of him , which are but ceremonies , ( as was formerly adjudged in the case of * queen mary , and queed iane , mariae ) there being no interregnum by the law of england , as is adjudged , declared by act of parliament , iac. c. . worthy serious perusal . . their a horrid gun-powder treason plot ; contrived , fomented , by garnet ( superiour of the english jesuites ) gerard , tensmod and other jesuites ; who by their apostolical power , did not onely commend , but absolve from all sin the other jesuited popish conspirators , and faux the sculdier , who were their instruments to effect it . yea , the jesuitical priests were so atheistical , as that they usually concluded their masses with prayers , for the good success of this hellish plot , which was , suddenly , with no less then barrels of gunpowder , placed in a secret vault under the house of lords , to have blown up and destroyed at once , king james himself , the queen , prince , lords spirituall and temporal , with the commons assembled together in the upper-house of parliament , upon the of november , anno dom. . and then forcibly to have seised with armed men prepared for that purpose , the persons of our late beheaded king , then dake of york , and of the lady elizabeth his sister ( if absent from the parliament , and not there destroyed with the rest ) that so there might be none of the royal line left to inherit the crown of england , scotland and ireland ; to the utter overthrow and subversion of the whole royal family , parliament , state and government of this realm . which unparallel'd , inhumane , bloody plot , being miraculously discovered , prevented , the very day before its execution , in perpetual detestation of it , and of the jesuites and their traiterous romish religion , ( which both contrived and approved it ) the day of november , by the statute of jacobi , ch . . was enacted to be had in perpetual remembrance , that all ages to come , might thereon meet together publickly throughout the whole nation , to render publick praises unto god , for preventing this infernal jesuitical design , and keep in memory this joyful day of deliverance ; for which end , special forms of publick prayers and thankesgivings were then appointed , and that day ever since more or less annually observed , till this present . and it is worthy special observation , that had this plot taken effect , b it was agreed by the jesuites and popish conspirators before-hand , that the imputation of this treason should be cast upon the puritans , to make them more odious : as now they father all the powder-plots of this kinde , which they have not onely laid , but fully accomplished of late yeers against the king , prince , royal posterity , the lords and commons house , our old english parliaments and government , upon those independents , and anabaptistical sword-men , ( whom they now repute and stile , * the most reformed puritans , ) who were in truth , but their meer under - instruments to effect them ; when as they c originally laid the plots ; as is clear by campanella's book , de monarchia hisp . ch . . and cardinal richelieu his instructions at his death , to the king of france . and it is very observable , that as courtney the jesuite , rector of the english jesuites colledge at rome did in the year . ( when the name of independents , was scarce heard of in england ) openly affirm to some english gentlemen , and a reverend minister ( of late in cornwal ) from whom i had this relation , then and there feasted by the english jesuites in their colledge , that now at last , after all their former plots had miscarried , they had found out a sure way to subvert and ruine the church of england ( which was most formidable to them of all others ) by the independents ; who immediately after ( by the jesuites clandestine assistance ) infinitely encreased , supplanted the presbyterians by degrees , got the whole power of the army , ( and by it , of the kingdom ) into their hands , & then subverted both the presbyterian government and church of england in a great measure , with the parliament , king and his posterity ; as * monsieur militiere a jesuited french-papist observes . so some independent ministers , sectaries and anabaptists , ever since . have neglected the observation of the fifth of november , ( as i am credibly informed ) and refused to render publick thanks to god for the deliverance thereon , contrary to the act , for this very reason , which some of them have rendered ; that they would not mock god in publick by praising him for delivering the late king , royal posterity , and house of lords from destruction then , by jesuites and papists , when as themselves have since destroyed and subverted them through gods providence ; and repute it a special mercy and deliverance to the nation from tyranny and bondage , for * which they have cause to bless the lord : performing that for the jesuites and powder-traytors , which themselves could not effect . the lord give them grace and hearts to consider , how much they acted the jesuites , and promoted their very worst designes against us therein ; what * infamy and scandal they have thereby drawn upon all zealous professors of our protestant religion , and * what will they do in the end thereof ? . ( to omit all other forraign instances cited in speculum jesuiticum , p. , to . where you may peruse them at leisure ) by d their poysoning king iames himself in conclusion , as some of them have boasted . . by the popes nuntio's , and a conclave of jesuites conspiracy at london , anno . * to poyson our late king charles himself , ( as they had poysoned his father ) with a poysoned indian nut , kept by the jesuites , and shewed often by conne the popes nuntio to the discoverer of that plot ; or else , to destroy him by the scotish wars and troubles , ( raised for that very end by the jesuites , ) in case he refused to grant them a universal liberty of exercising their popish religion throughout his realms and dominions : and then to train up his son under them , in the popish religion ; to which not onely heretofore , but now likewise they strenuously endeavour by all possible means to seduce him ; as appears more especially by monsieur militiere his c late book dedicated to him for that purpose , to invite him to the roman catholick faith. surely all these premised instances compared together , and with that memorable passage of the english jesuite * campian , in his concertatio ecclesiae catholicae : ( or epistle to queen elizabeths councel . ) treviris . p. . velim sciatis , quod ad societatem nostram attinet , omnes nos , qui per totum orbeni longe lateque diffusi sunt , quarum est continua successio , & magnus numerus , sanctum foedus infisse , nec quamdiu unus nostrum supererit , studium , & consilia nostra intermissuros , ad reges hereticos quovis modo tollendos ( as hospinian relates , and expounds his words and meaning ) & religionem vestram exting●ere . iampridem jacta est ratio , & inchoatum certamen nulla vis , nullus anglorum impetus superabit ; so as to hinder this their holy league and covenant long since entred into , to destroy , take out of the way , ruine all protestant kings throughout the world , under the notion of hereticks by any means whatsoever , ( and the protestant religion togetherwith them . ) with a * copy of a letter sent by an independent agent from paris , some few weeks before the kings removal from the isle of weight , by the army-officers , declaring the jesuites implacable enmity to the king , and to hereditary monarchy throughout the world. and an express sent from paris to the king himself , some three dayes before his seisure and translation from weight , to this effect , ( as i have heard from persons of honour ) that the jesuites at a general meeting in france , had resolved , by the power of their friends in england , to seise on his majesty , bring him to justice , and cut off his head , because he had , contrary to their expectation , closed with the parliament , consented to the abolishing of episcopacy , and ) to five new bills against jesuites , popish priests , mass , popery , and all popish ceremonies , in the last treaty ; and advising him , to prepare for this new storm , which within few days after fell upon him : will sufficiently inform the world , that the late unparallel'd capital proceedings against our protestant king , ( contrary to the votes of both houses of parliament ) the parliament members , peers house , and forced , dissolved late parliament too , * proceeded not from the principles of our reformed protestant religion , as this f monsieur in his printed pamphlet , would make his reader , the youg king ; to whom he dedicates it , and all the world believe ; but from the popes and jesuites forecited treasonable opinions , seconded with their clandestine sollicitations and practises : and that they , with some french cardinals , jesuites , as well as spanish and english , ( then present in england to promote their designes ) were the chief original contrivers , promoters of them , whoever were the immediate visible instruments , as i have g elsewhere more fully demonstrated , for the wiping off this scandal from our reformed religion , & the sincere professors of it , who both abominated and * protested against it in print . 〈◊〉 radolphus hospinian in his excellent historia jesuitica , l. . f. , . reckons up these three prime causes of the jesuites regicides , & other notorious treasons . the first is , that blinde obedience , which they vow to their superiours , to execute with great celerity , spiritual joy , and perseverance , whatever their superiours shall enjoyne them , by being perswaded , that all their cemmands are iust to them ; by renouncing their own opinion and iudgement with a certain blinde obedience : and by believing , that those who live under obedience , are carried and governed by divine providence , ( a word now most in use with our army-saints , and souldiers , wholly infected with this jesuitical doctrine of * obedience ) by their superiors , whithersoever they shall suffer themselves to be carried , or in what sort soever they shall be dealt with by them , ( like a staffe in the hand of a man , which readily obeys him that holds it , wheresoever and in what thing soever he will please to use it , ) especially when backed with a pretext of necessity , religions safety , publick good , exemplary justice , and promoting the common cause for which their society was first instituted . . that they hold themselves obliged to no kings , princes , or civil magistrates by any oath of allegiance , but onely to the pope and their generals ; and therefore think themselves free and unable to commit any treason at all against them , although at the popes and ●heir superiours commands they still rise up against , murder , ●stroy them . . that they deem those kings , princes , which the pope and jesuites , or other learned men of their religion , or the common people shall deem hereticks , to be thereby wholly made uncapable of any empires , kingdoms , or principalities , or any other civil diguity ; yea , to be accursed tyrants , unworthy of the name of kings ; that thereby their subjects are totally absolved from the bond of allegiance to them ; and that thereupon it is lawful to kill and destroy them , and the murders of such are meritorious . now that these three jesuitical grounds and principles , ( infused into our army-officers and souldiers by the jesuites and their instruments of late yeers , against their primitive orthodox positions , protestations , declarations , oaths , covenants , engagements ) backed with secret avarice , ambition , and self-ends , were the principal impulsive causes of all the extravagant violent proceedings both against the late king , and parliament ( not the loyal principles of the protestant religion ) is apparent unto all the world , by the armies own declarations of nov. . and decemb. . . their true state of the commonwealth of england , &c. . and other pamphlets for their justification , which all true protestants blush at . 〈◊〉 . that the jesuites ever since the establishment of their military order , under ignatius their martial general , have been the * principal firebrands , bellows , instruments of kindling , somenting , raising , continuing all the publick commotions , wars , seditions and bloody fewds that have happened in or between any kings , kingdoms , states , princes , soveraigns or subjects throughout the christians world ; and more particularly , of all the civil commotions , wars in france , germany , transylvania , bohemia , hungary , russia , poland , england , scotland and ireland , to the effusion of whole oceans of christian blood : which one poetically thus expresseth , h quicquid in orbe mali passim peccante gradido est , quicquid turbarum tempora nostra vident , cuncta sodalitio mentito nomine jesu accepta historiâ teste , referre licet . it● modò & vestrae celebrate encaenia sectae , militis inventum , loiolana cohors . yea , it is well worthy observation , what jacobus crucius , i a jesuite ( rector of the jesuites novices at landsberge ) presumed to publish , in his explication of the rules of the jesuites , anno . in these words : the father of our society ought to be a souldier because , as it is the part of a sculdier , to rush upon the enemy with all his forces , and not to desist , till he become a conquerour ; so it is our duty to run violently upon all , who resist the pope of rome ; and to destroy and abolish them , not onely with counsels , writings , and words sed invocato etiam brachio seculari , igne & ferro tollere & abolere , sicut pontifer & nostra vota ; ; ( contra lutheranos suscepta ) volunt & mandant . but likewise by calling in to our assistance the secular arm ( of an army ) to take away , and destroy them with fire and sword , as the pope and our oathes ( taken against the protestants ) will and command . and may we not then safely conclude , they have been the original contrivers , fomenters , continuers of all our late intestine and forraign wars , by land and sea , with our christian protestant brethren and allyes , ( as k sundry parliament declarations of both houses aver and attest ? ) and that many of them have secretly crept into , and listed themselves souldiers in our armies , on purpose to put on foot their designs against our king , kingdoms , churches , religion , and perpetuate our civil wars ? and so much the rather , because , a alphonsus de vargas ( a spanish popish priest ) informs us : that the jesuites , being a generation of incendiaries , are so welpleased with the name of their founder ignatius , derived from fire , and signifying a caster about of wild-fire , or an incendiary that though his christned name at first was innicus , or inighistas ; ; yet iohannes eusebius nirenberger , a jesuite , in his book , de vita ignatii , printed at madrid , . most falsly records , that his parents at his baptism , being in doubt what name to give him , thereupon the infant himself , with a loud voice , said , he would be named ignatius , to signifie what office he should obtain in the church and world , even to cast abroad fire in them , and set them all in a flame . hereupon his disciples the jesuites , considering that this their founder was by his name a firebrand , and a souldier by his profession , professed publikely to the king of spain , his councel and the world , that it was no less consonant to the mind , institution and statutes , then to the name of their warlike father ignatius , that they should not onely exercise , but publikely profess and teach to others , artem pyrotechnisam , &c. the art how to make and cast abroad fire-balls , fire-works and wild-fire , to fire and burn houses and cities : and likewise the art of warre , of setting armies in battel array , of assaulting cities , the maner of making gun-powder , bullets , fire-bals ; of casting guns , and the maner and wayes of making all other military works , engines , together with rules and precepts belonging to navigation , & omnia maritini belli munia : and all duties and incidents belonging to sea-fights . upon which they perswaded the king of spain ( notwithstanding the opposition of all the universit●es of spain against it ) to erect a publike university for their fiery martial order at madrid , and to endow it with an annual revenue of ten thousand crownes ; wherein they set up a publike lecture concerning war and all incidents appertaining thereunto ; with this printed title : acroasis , de re militari in qua pracipietur doctrina & forma militiae veteris & hodiernae , & species mathematum arti isti subordinatarum : quae sunt tactica , five de acie instruenda , topographica , machinaria militaris , organo poetica , pyrotechnica , ; &c. hanc acrosia faciet , p. hermannus hago ( a jesuit ) quarta pomeridiana usque ad quintam . this is the first publike military lecture i ever read of erected in any university amongst christians , and professors of the a gospel of peace ; who are expresly enjoyned by the b god of peace , and prince c of peace d to put up their swords into their scabberds , because all those that that the sword , shall perish with the sword . e to beat their swords into plow●shares , and their spears into pruning-hookes : not to lift up the sword against one another , neither to learne war any more . yet such bloody incendiaries and delighters in war are the jesuites , that they thus publikely teach others the art of war and fire-workes , to set the whole christian world in combustions and open warres against each other ; which they have everywhere accomplished , and that upon this accompt : that the gospel of jesus is principally to be taught and propagated by armed power , exercitu & armorum usu ; by an army and the use of armes ( whereby they now propagate it in our kingdomes the quite contrary way , to the ruine of our church and religion : ) whereupon f vargas passeth this just censure on them : hos velut ignigenos illis comici verbis recte quis a se amoliri , & in malam rem abire jusserit . apage illum a me ; nan ille quidem vulcani irati est filius . quaqua tangit , omne amburit ; si prope abstes , calefacit . and a german frier in his astrum inextinctum , gives this true character of them : discordias inter suprema reipublicae christianae capita seminare credimus esse veritati patrocinari ; quam salvam esse negant , quamdiu principes isti inter se non colliduntur hoc est flammas in europa suscitare , sicut gloriantur patrem societatis ignatium , esse illum , de quo christus dexerit , veni ignem mittere in terram , hoc est , classicum in aulis principum canere , & illos inter so committere . . that the g jesuites from the first erection of their military order , have conspired , attempted to subvert and utterly extirpate ( under the name of schismatickes , hereticks , gospellers , heresie , and the gospel ) all professors whatsoever of the protestant religion and their doctrines throughout the world , not onely by machivilian plots and treasons , but by war , fire , sword , holy leagues , armies & armed power , as is evident both by their bookes and practices . to instance in a few particulars both abroad and at home . franciscus veronas constantiensis , a jesuite , in his apology for john castle , anno . part . c. . resolves , that all wars to extirpate heretickes ( protestants ) ar● lawfull , yea more lawfull then against all other infidels , because heresie according to gods word , is worse then all infidelity . and if war be just against heretickes , how much more just is it against the head of the heretickes ? and if it be just to extirpats hereticall kings out of all christian kingdomes ( which the jesuites entred into an holy league to effect , as you heard before out of campian ) how much more just is it in the most christian kingdom ( france ) to root out king henry the ? ( whom they not onely warred against , but stabbed and murdered as aforesaid . ) h thuanus historiae , l. . p . and lib. . . records ; that it is the opinion and sentence of the jesuites , that it is a pious and wholsome thing , that all christians should lay violent hands upon sectaries and protestants , ought to be armed against them , and to make no peace , keep no faith nor truce with them ; yea , that it would be more profitable for the church , and more conducing to gods glory , for all christians to give over their warrs they wage against the turkes by common consent , and to let the turks alone , and to turn all their arms and forces against the evangelical sectaries ( or protestants ) which live amongst them , who are worser , and ought to be more odious to true christians then turkes and ; * utterly to destroy and persecute them to death , rather then to delete the unbelieving mahometans , who are not so dangerous as they . hoc quàm pie , et juxta mansuetudinem christianam dicatur , ipsi qui conscientias alioram moderantur , conscientiam suam rogant ; subjoynes thuanus , though a papist . and joannis paulus windeck , in his book de extirpandis haeres . antid . . p. . . antid . . p. . and p. . positively determines , that the lutheranes and calvinists are to be persecuted with warrs , and not onely to be terrified , but likewise deleted , cut off , taken out of the way , and utterly extirpated with arms and flames . that all catholike princes ought to enter into holy leagues , associations & confederacies , to destroy and root them out , as they did in france , anno . that the oportunity is not to be neglected , namely , quando protestantes pecuniis exhausti sunt ; when the protestants purses and money are exhausted ( as they are now amongst us by excessive endless taxes , excises , civil wars , and a perpetual army too much swayed by jesuitical counsels , to eat us out , and ruine us with our religion in conclusion , ere disbanded . ) and that the catholickes may more easily oppress and destroy these sectaries , they are to be severed one from , and divided against each other , by sundry various arts and means , and all occasions laid hold on for this purpose . ( and are we not so now in all our realmes and dominions more then ever , by the jesuites and romish emissaries ? ) which the emperor charles the observed ( in his proceedings against the protestants in germany ) to his great advantage . in pursuance of these jesuitical i positions , anno . and . the king of spain , duke of guise , with sundry others , jesuited popish princes , nobles and papists of all degrees , by the jesuites instigation , and popes speciall approbation , entred into a bloody conspiracy , or holy league , as they term it : to restore and retain the most holy worship of god , according to the form and maner of the holy catholike apostolike church of rome : to abjure all errors or corruptions contrary thereunto , &c. to spend not onely all their estates , but lives , to repeal all publique edicts in favor of the protestants and their associates ; to extirpate all heresies , heretickes , and pursue all such as publike enemies , with fire and sword to death , who should any way oppose or withstand this league , or refuse to joyne with them in it , or fall off from it upon any pretext , after this oath to observe it . which league they several times renewed : and in the k renovation thereof anno . the jesuits openly boasted , that they would use their utmost endeavours , that before the year . began , evangelium ( so they termed the protestant religion ) radicitus ex orbs toto extirpetur ; should be clean extirpated out of the whole world . the massacres , slaughters of how many thousand protestants by open intestine wars and bloody conspiracies , this league occasioned in france , germany and the netherlands , together with the murders of two french roman catholike kings , the l french and belgick histories of those times , will sufficiently inform the reader . m in the year . the jesuites erected a new colledge and society at thonon in savoy , to convert or utterly extirpate the protestants , under the notion of heretickes . . by preachings . . by pious frauds . . by vi armata : by force of armes : to which new society , many popish kings , nobles and others , gave their names ; and in june that yeare listed above expert soldiers , all roman catholickes , to put this their designe against the protestants in execution upon the next oportunity : there being above jesuites disguised in lay-mens habits imployed in england , to stir up the papists and people there to joyn with them in this new association , to root out the protestants in all places by the sword , the principal engine used by these ignatians to effect it . to pass by n all the conspiracies and attempts of the jesuites in queen elizabeths reigne , to extirpate our religion and the professors of it by open wars , rebellions , spanish and forraign invasions both in england , ireland and scotland , recorded by mr. cambden , speed and others in her life , and william watson in his quodlibets ; with their attempts of like nature in the beginning of king james his raign , recited in the statutes of . jacobi , c. . where all may peruse them : i shall onely acquaint you ; that a little before the beginning of our late bloody wars , divisions , ( contrived , fomented by the jesuites and papists , as i o have elsewhere at large , discovered , and p many parliament-declarations attest ) one francis smith an english jesuite , openly affirmed to mr. waddesworth and mr. yaxly , that it was not now a time to bring their religion by disputing or books of controversie , but it must be done by an army , and by the sword. and it is very considerable , that when the jesuites spanish and romish agents had engaged the king and english protestants against their protestant brethren of scotland , . to cut one anothers throats ; the king of spain had provided a great new spanish armado by the jesuites sollicitation , and a great land-army of old spanish soldiers to invade the western and southern parts of england , then destitute of all forces , arms & ammunition to defend it , all drawn to the northern parts against the scots ; and to joyn with the popish confederates here , to extirpate the english he retickes and protestants : which designe of theirs , through the hollanders unexpected encounter , which scattered their fleet upon the english coasts , and the pacification with the scots , before any engagement of both armies , was happily prevented . that this spanish fleet was then especially designed for england , appeares ( besides other evidences , which i have q elsewhere touched ) by the confession of an english pilot in that navy upon his death-bed , mortally wounded in the first fight , to an english minister and others , to whom he revealed it out of conscience ; by some letters i have met with ; and by a pamphlet made and printed by the jesuites , anno . intituled r the jubilee of the jesuites , taken from a papist at redriffe , and presented by sheriffe warner to the whole commons house , november . . wherein among other passages then read in the house , ( entred in the journal of that day , out of which i transcribed them : ) there was a particular prayer , for the holy martyrs that suffered in the fleet sent against the hereticks of england , . with this advice ; that the papists must fish in troubled waters , ( to wit , whiles that the king was ingaged in the wars against the scots : ) with * certain prayers added , for their good success in that designe against the scots . for the more effectuall carrying on whereof , the popes nuncio , with the s colledge of jesuites then in queen-street , secretly summoned a kind of parliament of roman catholicks and jesuites in london , out of every county of england and wales , in which conne the popes nuncio sate president , by the queens commission and direction , in april , . who granted and collected an extraordinary large contribution , by way of subsidy , from the papists , to carry on this war against our protestant brethren of scotland , and raise forces to joyne with the spainards , whom they then expected , to cut the english protestants throats . the jesuitical and prelatical popish party much displeased with the defeat of this their plot , by the unexpected pacification with the scots , . induced the king soon after to break and revoke it , t anno . ( the very year of the * jesuites jubilee , which they solemnized in all places , being the . yeer from the first erection of their order by ignatius , anno . ) they caused a new army to be raised and sent into the north against the protestants of scotland , to subdue & destroy them . at the same time they secretly u listed an army of no less then . romish catholickes , kept in private pay , of purpose to cut the protestants throats who should resist them , and to conquer the protestants in england first , and then in ireland ; which designe they were to put in execution , when the pope or his legat , with the spanish , french and venetian ambassadours should appoint ; who designed them to begin to execute it , when the king went into scotland against the scots ; as o conner ( the queen-mothers priest ) confessed to anne hussey , who justified it to the lords of the councel then , and afterwards , before the lords in parliament upon her oath . the jesuites were so confident of the good success of their designes amongst us , and compleat victory over all the protestants throughout the world this yeare of their jubilee ( making * triumph over their enemies , one of their notes of the true church ) that x they appointed a solemne enterlude to be acted by their society in the publique hall at aquisgran in germany , in honour of their jubilee : wherein they signified to the people , by printed tickets and pageants , that the popish church of rome should be brought in upon the stage , happily fighting against , triumphing and reigning over all her enemies every where throughout the world , in all ages till that present day , and especially of later times , by their meanes . the beginning of this enterlude being happily acted , and succeeding according to their mindes ; at last there were two armies of soldiers brought by them upon the stage , ready to encounter each other : the one of jesuites and papists , fighting for the church of rome ; the other , representing the protestants warring against her . before their fight , a jesuitical actor , clad in black , personating a popish masse-priest , divineth good success to the popish army , praying for it with an affected devotion and solemne invocation ( or rather profanation ) of gods name : after which , the popish army of actors , as being certain of the instant victory , uttered these words to their captain ( as their parts directed them ) with a loud reiterated voyce and shout ; pereat , pereat , quisquis est hostis ecclesiae : let him perish , let him perish , whoever is an enemy of the church : whereupon a great part of the stage on which they acted , together with the whole popish army ( not one souldier or captain excepted ) at the repeating of these words and wishes , fell to the ground immediately , with so great celerity , that many of them felt they were fallen down , before they discerned themselves to fall ; their feigned enemies of the church ( representing the protestants ) standing all fast , at least in place , if not in mind , on the other part of the stage , which fell not at all . with this sudden fall , many of the popish army were bruised in peeces with the beames of the stage falling upon them ; who through pain and horror , needed monitors to silence their outcries ; others having their bones broken and limbes put out of joynt , were carried to the chirugions to be dressed ; and all the rest confounded with shame , crept away secretly under the veile to their lodging . and so this jesuitical enterlude , by divine justice , ended in a real unexpected bloody tragedy and real rout of the whole pretended victorious popish army of jesuites ; and the scotish wars that yeer ( which they so much depended on ) through gods mercy , concluded in a blessed peace and union between both nations . whereupon , the y irish popish rebels , by the jesuites plots and instigations , seconded with secret encouragements , and promises of assistance with arms and moneys from cardinal richliou , the king of spain , pope , and other forraign popish princes , undertook the late horrid bloody massacre of all the protestants in ireland , and surprisal of all the forts , castles , arms and ammunition therein , on the of october , . z being ignatius day , the founder and new canonized saint of the jesuited society , for the greater honour of their patron , order ; they being the chief plotters of this horrid bloody treason . which horrid conspiracie , though happily discovered the night before its execution , at dublin , and some few places else ; yet it took effect in most other parts of ireland , to the slaughter of neer two hundred thousand protestants there , in few months space ; seconded with a bloody warre , for sundry years ; to the losse of many thousands more lives . to this plot * all the papists in england were privy , who intended the like massacre in england ; and soon after by the popes and * jesuits instigations , by the assistance of sorragin popish princes , they eugaged the king and parliament in a long-lasting bloody uncivill , unchristian war against each other , concluding in the kings and parliaments joynt ruines by an army raised for their mutual defence , seduced thereunto through the jesuits instigations and policies . after which , they engaged the protestants of england and scotland ( formerly united by the strictest b●nds and covenants against them ) to war upon , invade and destroy each other by land ; and soon after that ( by the spanish * agents assistance ) raised a most dangerous bloody warre between our protestant old allies of the neitherlands and the english by sea ; to the infinite dammage , prejudice of both , and the effusions of whole oceans of the gallantest christian protestant blood , that ever yet was shed , the expence of more treasure and men in these intest●●e wars , than would have conquered all spain , italy , and the indies , had they been imployed upon such a designe ; and to the entailing of a * perpetuall army on us and our posterities ; more ready ( as we have of late years found by sad experiments ) to hearken to the jesuits clandestine suggestions , ●eductions , and execute their fore-plotted designes to ruine our kingdomes , parliaments , laws , liberties , monarchy , church , religion , then to follow the advice , votes councels , directions , commands of our parliaments , kingdomes , and the best affected protestants of all ranks who first raised , and have so long maintained them , for quite other ends ( hereafter touched ) then what they ( of late times ) have most pursued , to the popes and jesuits great content . . that the jesuits have endeavoured , attempted the convulsion , concussion , subversion not onely of the empires , realms , and ancient setled governments and states of germany , russia , bohemia , hungaria , france , poland , but likewise of england , scotland and ireland , and to new model them into * other forms of government . what mould of government they intended to cast england into , is thus long since described by william watson ( a secular priest ) in his quodlibets , anno . page , , , . england is the main chance of christendome at this present , by seditions , factions , tampering and aspiring heads : the onely but , mark , white , the jesuits aym at , as well in intention as execution of their pretended expedition , exploit and action . i am of opinion , that no man on earth can tell what government it is they intend to establish , ratifie and confirm , when they come to their preconceited monarchy ; no not any of their plot casters . no question it is , but their government shall be as uncertain as their new conceited monarchy ; their monarchy as mutable as their reign , and their reign as variable as the winde , or proteus in his complements . but no question is to be made of it , but that the government they do directly intend at this present is , a most absolute soveraignty , dominion and state , clearly exempted from any subordination , to any law or legifer divine or humane ; and therefore it is rightly called despoticon in the highest degree of exemplary immuni●le , * imperiality and absolute reign , rule and authority , as containing in it three sorts of government ; s●il . monarchical , aristocraticall , democraticall , in matters of counsell and mannaging of common wealths causes ; not in point of regality , honour and inheritance ; for there shall be neither title , nor name , nor honour given , taken or done to any prince , duke , marquesse , earl , viscount , lord , baron , or the like , ( all the jesuitical governours being puritan like , seniours , elders , provincials , &c. ) neither shall there be any successions by birth or blood , to any honour , office or magistracy from the monarch , pater general , to the minor , p●ter minister , but all shall go by * election or choice . whether our late and present variable floating new moulded governments have not been cast by this long since predicted jesuiticall mould , let wise men , with all our late , yea present governours , now sadly consider and determine . . that the * jesuits in a publique disputation held at madrid , published by them under this title ; conclusiones politicae sub regis domini nostri praesidio , instructed the king of spain ( their chief protector , * whom they most extoll above all other kings , to promote both his universall monarchy and their own thereby . ) that in relation to his empire , power was necessary , which power they defined to be ; a faculty , not onely of retaining the kingdomes he already possessed , but likewise of acquiring other mens . perswading him by this doctrine to believe : that he was therefore consecrated a catholike king by god , that he might enjoy a faculty , not onely of keeping his own , but also of invading and seising upon other mens dominions . for to retain ones own , was the praise onely of a private family : de alienis certare regia laus est : but it was a royall praise to fight for that which is other mens : nec regnandi causa jus violare crimen est , dum caeteris rebus pietas colatur : neither is it a crime to violate law or right , to reign or gain a crown , whiles that piety in other things shall be observed . which jesuitical machivilian unrighteous doctrine , though ( as alphonsus vargas , a spanish popish priest resolves ) it be diametrically contrary to the doctrine of our lord jesus himself , instructing men , that * aliena obtinere non potentis principis , sed impotentis ac violenti praedonis est : yet the jesuites and their instruments of late years have sufficiently propagated it amongst our english grandees and army-saints ; for a most sacred oracle , as their violent invasions of other mens realms , powers , offices , pallaces , lands , estates , and possessions of all kindes , by meer armed power and might , demonstrate beyond contradiction . . that the * jesuites in their book , de zelo s. ignatii in religione sua instituenda , printed at madrid , p. , do glory ; hoc societatis proprium esse , ut quotidie nov●● promat inventiones quibus homines ad deum perducantur : that this is the property of their society , that it daily brings forth new inventions , whereby men may be brought home to god ( that is , to their religion and society ) the principle whereof they , and vargas record , to be these . their perswading of men to embrace the gospel , by an army ; the use of armes , power , terrour , fire : their exercise of merchandize ( which many of them in most places & in * england too , now use , they being very great merchants , factors , and returners of moneys by bils of exchange ) and of all other secular imployments , callings , in lay-mens habits , the more easily to insinuate themselves into all countries , places , companies and societies of men to infect , seduce , and discover their secrets , according to this their received maxime ; jesuita est omnis homo : a jesuit is every man : that is , a man of all professions , callings , sects , religions to effect his ends : their questioning , traducing , oppugning , censuring of all the articles of the apostles creed , and received principles , doctrines of christian religion ; corrupting , slighting , falsifying the scriptures themselves , together with councils , fathers , schoolmen , and all other divines ; but those onely of their own order , which they incomparably extoll above and prefer before all other : their venting of new opinions , notions , revelations , expos●●ions , crochets , herefies , problems , both in divinity itself , and all other arts and sciences in the presse , pulpit , universities , schools . and if these ( as vargas assures us ) be their properties and new inventions to propagate the gospel , and draw men unto god ( which our lord jesus himself and his true disciples were wholy ignorant of ) may we not certainly conclude , that they have of late years been extraordinary busie at this their harvest work amongst us , and more especially in spreading their gospel by an army , and taking upon them the use of arms , in 〈◊〉 of their military father ignatius , with all other secular imployments , and new sects to draw proselites and new separate congregations to them , throughout our realms , to destroy both our church discipline and religion , as well as our civill government and laws ? . that as the whole house of commons in their * remonstrance of . december . charge the jesuites , and late jesuited court-counsellors , with a malignant and pernicious designe , of subverting the fundamental laws and principles of government upon which the religion and justice of the kingdome are firmly established . so william watson a secular priest , chargeth father parsons , the english jesuite , and his jesuited companions , in their memorial for reformation of england , when it should be reduced under the power of the jesuites ( as parsons was confident it would be , though he should not live to see it ) written at sevil in spain , anno dom. . that they intended to have magna charta , with our common fundamental laws and liberties , abrogated and suppressed : thus expressed by william watson in his quodlibets , pag. , , . father parsons and the jesuites in their deep jesuitical court of parliament , begun at styx in phlegeton , have compiled their acts in a compleat volume , intituled : the * high covrt of reformation for england . and to give you a taste of their intent by that base court of a tribe of traitors sawcily ( like to gade , jack straw , and tom tiler ) vsvrping the avthority of both states , ecclesiastical and temporall in all their rebelliovs enterprices : these were principall points discussed , set down , and so decreed by them , &c. he first mentions three of them relating to * church-men , scholars , and church and colledge-lands : which were to be put in fee off●●s hands , and they all to be reduced unto arbitrary pensions , &c. and then proceeds thus to the fourth . the fourth statute was there made concerning the common laws of this land ; and that consisted of this one principal point , that , all the great charters of england must be burnt ; the manner of holding lands in fee simple , fee tail ; kings service , soccage or villanage , brought into villany , scogg●●y and popularity ; and in few , the common law must be wholy annihillated , abolished , and troden down under foot , and caesars civill imperials brought amongst us , and sway for a time in their places . all whatsoever england yeelds , being but base , barbarous , and void of all sence , knowledge , or discretion shewed in the first founders , and legifers ; and on the other side , all whatsoever is or shal be brought in by these out-casts of moses , stain of solon , and refuse of lycurgus , must be reputed for metaphysical , seme-divine , and of more excellency than the other were . which he thus seconds , quodlibet . article . p. . first , it is plain , that father parsons and his company ( divide it amongst them how they list ) have laid a plot , as being most consonant and fitting for their other designments , that the common laws of the realm of england must be ( forsooth ) either abolished utterly : or else , bear no greater sway in the realm than the civil law doth . and the * chief reason is , for that the state of the crown and kingdome by the common laws is so strongly settled , as whilest they continue , the jesuites see not how they can work their wills . and on the other side , in the civil laws , they think they have some shreds , whereby they may patch a cloak together to cover a bloody shew of their treasons for the present , from the eys of the vulgar people . secondly , the said good father hath set down a course how every man may shake off all authority at their pleasures , as if he would become a new anabaptist , or king john of leydon , to draw all the world into mutiny , ●ebellion and combustion . and the stratagem is , how the * common people may be inveigled & seduced to conceit to themselves such a liberty or prerogative , as that it may be lawfull for them , when they think meet , to place and displace kings and princes , as men do their tenants at will , hirelings or ordinary servants . which anabaptistical and abominable doctrine , proceeding from a turbul●nt tribe of traiterous puritan●s , and other hereticks , this treacherous jesuite would now foist into the catholick church , as a ground of his corrupt divinity . and p. , . he intends to alter and change all laws , customs , and orders of this noble isle . he hath prejudiced the law of property , in instituting government , governours , and hereditary princes to be , beneplacitvm popvli , and all other private possessions , ad bene-placitum sui &c whether any such new deep jesuitical court of parliament , and high court of reformation for england , to carry on this old design of the jesuites against our laws , hath been of late years sitting amongst us in or neer westminster , or elswhere , in secret counsel every week , as divers intelligent protestants have informed me , and * hugh peters reported to divers on his own knowledge ( being well acquainted with their persons and practises of late years ) it concerns others neerer to them , and more able then i to examine . sure i am , a greater man by far then hugh peters , in an assembly of divines and others , for reconciling all dissenting parties , not long since * averred to them on his own knowledge : that during our late innovations , distractions , subversions in church , state , and overturning of laws and government , the common adversary hath taken many advantages , to effect his designes thereby in civill and spiritual respects . that he knew very well , that emissaries of the jesuites * never came over in those swarms , as they have done , since these things were on foot . that divers gentlemne can bear witnes with him , that they had a consistory and councel abroad , that * rules all the affairs of the things in england . that they had fixed in england , in the limits of most cathedrals ( of which he was able to produce the particular instrument ) an episcopal power , with archdeacons and other persons , to pervert , seduce , and deceive the people : and all this , whiles we were in this sad and deplorable distracted condition . yea , most certain it is , that many hundreds ( if not some thousands ) of them , within these few years , have been sent over from forraign seminaries into england under the disguises of * converted jews , physitians , chyrurgions , mechanicks of all sorts , merchants , factors , travellers , souldiers , and some of them particularly into the army ; as appears by the late printed examination of ramsey the anabaptized , new-dipped jesuite , under the mask of a jewish convert , taken at new castle in june . and by sundry severall late instances i could name . to pretermit all instances of diverse particular jesuites come over into england , not only within these few years but moneths , discovered by persons of credit ; with sir kenelm digby ; who though the son of one of the executed old popish gunpowder traitors ; a dangerous active seducing jesuited papist , if not a professed jesuit ; * who in the years and . conspired with the popes nuncio and a conclave of jesuites sitting in council at london , to subvert our religion , introduce a universall tolleration of the popish religion in our kingomes , new modle and shake our former established government , and to poyson , destroy the late king himself , in case he consented not to them therein : and for this very purpose , both plotted , raised , promoted the first wars between the protestants of england and scotland , * which he abetted all he could , by his letters and secret collections of moneys from all the papists throughout england and elswhere , who largly contributed to this war and designe : for which he , sir john winter , master mountague and others ( who had a hand in this conspiracy ) were convented and brought upon their knees at the commons house-bar , jan. . . upon which he retyring into france was about may . sent as a speciall embassadour from the queen to the pope of rome himself , to solicit him for ayds of monies , men , arms , against the parliament ; is first audience , he had the best reception ; and fairest promises of aid in general that could be wished ; writing hopefully of supplies of moneys from rome to the queen and others , as both houses of parliament in their c declaration and letters , ( published march . ) proclaim to all the world ) and likewise good hopes of d a cardinals cap for himself , or the lord aubeny , or mr. mountagne , for which he and the queen sollicited . after that , upon his return from rome , he was sent over into england about decemb. . as e a fit instrument to new-moddle us into a commonwealth , and promote the violent proceedings of the army officers and their confederates ( set on work by the jesuits and their agents , ) against the late king , parliament , members : where , upon his arrival , he was , instead of being apprehended and brought to justice for the premises , hugged by some grandees whom he courted , permitted to ride and walk about at large , while the members were under strict guards and restraints ; frequently repaired to whitehall , where he was well received ; his sequestration totally taken off , without any fees or gratification , by special order ; and himself now at last permitted to lodge not only in wildemans house , ( where the queens capuchins formerly resided ) but sometimes in whitehall it self ; to the admiration of many understanding protestants , who justly suspect , he hath there more disguised iesuits to consult with , and promote both their old and new designs against our church , state , religion , laws , liberties , till they have brought them and us to utter ruine . i shall for brevity sake acquaint you with one memorable general instance , discovering what swarms of jesuites are now amongst us , under other visors . an english protestant nobleman ( a person of honor ) whose ancestors were papists , being courteously entertained within these two years at rome by some eminent iesuits , in their chief colledge there , was brought by them into a gallery having chambers round about it , with titles over every door for several kingdoms , and amongst the rest , one for england . upon which , he enquiring of the iesuits , what these titles signified ; was answered by them , that they were the chambers of the provincial iesuits , of each kingdom and province ( written ever the respective doors ) wherein they had any members of their society now residing , who received all letters of intelligence from their agents in those places every week , and gave account of the to the general of their order . that the provincial for england , lodged in the chamber over which the title england was written , who could shew him the last news from england : which he desiring to see , they thereupon knocked at the door , which was presently opened : the provincial being informed who & what the lord was , read the last news from england to them . hereupon the nobleman demanded of them . whether any of their society were now in england ? & how they could stay with safety , or support themselves there , seeing most of the english nobility , gentry , and families that were papists , were ruined in their estates , or sequestred by the late wars & troubles , so as they could neither harbour , conceal nor maintain them , as they had done heretofore ? they answered , it was true ; but the greater the dangers and difficulties of those of their society now in england were , the greater was their merit . and that they had then above fiftéen hundred of their society in england , able to work in several professions & trades , which they had there taken upon them , the better to support & secure themselves from being discovered ; ( who , together with some popish priests and friers no doubt , upon diligent inquiry will appear to be the * chiefest speakers , quakers , disputers , seducers , rulers in most separate congregations , and the principle brochers of all new opinions , blasphemies , now abounding amongst us . ) this relation i have heard from the mouth of a reverend divine more than once ; to whom this noble lord , upo his return into england not many months since , seriously related the premises , averring the truth of them upon his honour . yet for all this , since the stupendious pretended repeals and annihilations of the oaths of supremacy and allegiance , & that of abjuration of popery ( consented to by the late king in the isle of wight ) purposely made for the better detection and prevention of iesuites , and their treasonable forementioned practises against our church , kingdoms , princes , religion , parliaments , and government , by the wisdom and zeal of our best affected vigilant * protestant parliaments ; i can neither hear nor read of any effectual means , endeavoured or prescribed by any in power , for the discovery of these romish ianizaries , or banishing , feretting , and keeping them out of england , where they have wrought so much mischief of late years , and whose utter ruine they attempt : nor any incouragement at all given to the discoverers of their plots and persons ; but many affronts and discouragements put upon them , and particularly on my self , lately mewed up close prisoner , under strictest guards in remotest castles , near three years space ( without * any accusation , hearing or particular cause yet assigned or disclosed to me , though oft then and since demanded by me from my imprisoners ) whiles they all walked abroad at large , of purpose to hinder me from any discoveries of their practises by my pen , where as they printed , vended publickly here in england above popish books of several kinds during my imprisonment , without the least restraint , to oppugne our protestant established religion ( as * many of them do in terminis as most damnable heresie ) propagate the jesuites plots , and antichristian romish church and religion amongst us , as you may read at large in the stationers beacon fired ; which seasonable book , and discovery of these romish emissaries books and plots , some * officers of the army , in their beacon quenched , publickly traduced in print , as a new-powder-treason of the presbyterian party , to blow up the army , and that pretended parliament ( of their own erection ) which themselves soon after blew up and dissolved in good earnest , pleading for a free toleration of such popish books , and all religions , as agreeable to the armies engagements and principles , to carry on their designs against our religion and laws . but most certain it is ; there hath been of late years not only a general councel of officers of the army sitting many moneths together in councel , to * alter and new model all our ancient laws and statutes , in pursuance of father parson's design ; but likewise two conventicles of their own selection and election , sitting of late in the parliament house at westminster , assuming to themselves the name , and far more than the power , of the parliament of the commonwealth of england ; together with the transcendent ambitious title of the supream authority of the nation , ( in derogation of the army officers supremacy , who sufficiently chastised them for this strange usurpation ) who have made it their chief businesse , not only to new-model our ancient fundamental government , parliaments , ministry , ministers maintenance , by glebes , tithes , and our universities , much according to parsons and his fellow jesuites forementioned plat-formes , and thomas campanella his instructions to the king of spain , de monarchia hisp. c. . but likewise to new-mould , subvert , eradicate the whole body of our * municipal laws , and with them the great charter of our liberties it self . and in their last cas●iered , unelected convention , ( as some of their companions , now in greatest power assure us , in their ſ true state of the case of the commonwealth of england , &c. london , . p. , , , . ) there was a strong prevailing party whom nothing would satisfie , but a total eradication of the whole body of the good old laws of england ( the guardians of our lives and fortunes ) to the utter subversion of civil right and propriety ; who likewise took upon them ( by vertue of a supposed right of saintship in themselves ) to lay the foundation of a new platform , which was to go under the name of a fift monarchy ▪ never to have an end , but to * war withall other powers and break them to pieces , baptizing all their proselites into this principle and perswasion ; that the powers formerly in being , were branches of the t fourth monarchy ( of england , scotland ; and ireland ) which must be rooted up and destroyed . and what other fifth monarchy this could be , but that projected universal monarchy of the iesuites , which would bring the whole monarchy of great britain and ireland , together with france , spain , and all other princes , states in christendome under the ●esuites subjection , and break all other powers in pieces ; ( mentioned by watson , in his quodlibets p. , to . and alphonsus de vargas , relatio de stratagematis & sophismatis politicis societatis iesu , ad monarchiam orbis terrarum sibi conficiendam c. . &c. ) or else , that elective new monarchy of great britain and ireland , projected by v campanella and cardinal richelieu , which some grandees now endeavour by their instrument to erect and perpetuate for ever x without alteration in themselves and their successors , ( though they thus expresly brand it in others ; ) let themselves , and wise men resolve ? it being apparent , by the practises and proceedings of all the propugners of this new project , that this fifth monarchy they intend to erect , is neither the spiritual * kingdom of iesus christ in their own hearts , mortifying their ambitiō , covetousness , pride , self-seeking , unrighteousness , violence , rapines , & other worldly lusts ; nor the personal reign of christ himself alone , in and over our kingdoms , and all other nations for ever , * depriving all temporal kings and princes of their crowns , rights , and government over their subjects ; which they falsly endeavour to evince from dan. . , , c. . , . micah . , , . luke . , . rev. . . to . cor. . , . heb. . , , . but a meer supream , arbitrary , temporal authority without bounds or limits , encroached by and erected in themselves and their confederates , without any colour of right or title by the laws of god or the realm , and no ways intended , but refuted by all these sacred scriptures & others , which explain them . this design of the jesuites , to alter and subvert the whole body of our laws , was so far promoted by the iesuitical and anabaptistical party in this last assembly , ( elected only by the y army-officers , ) that on aug. . . ( as our news-books print , ) they ordered , there should be a committee selected , to consider of a a new body of the law , for the government of this commonwealth , who were to new-mould the whole body of the law : according to parsons his mould . and hereupon our cheating astrologers ( especially lilly & culpeper , the z iesuites grand factors to cry down our laws , tithes , ministers ) from the meer visible earthly conjunctions , votes , motions , influences of these new wandring excentrick planets at westminster only , ( not of any coelestial stars , as they would make country-clowns believe , alwayes moving and acting themselves by an unalterable law from the very creation until now , gen. . . to . c. . . psal . . . psal . . . . ier. . , . c. . , . iob . , . therefore no ways exciting men to alter fundamental laws and governments here on earth ) took upon them in their a monthly prognostications for this year . versity & college lands by monthly endless taxes , excises , & a perpetual law , tith-oppugning , parliament-dissolving army , in whose councels , we have cause to fear , the iesuites have been most predominant of late years , and will still make use of them to our final ruine , if not effectually purged out , and the army new moulded , new principled , if any longer continued under pretext of publick safety , and not wholy disbanded for the peoples ease and liberty . it is worthy observation , that tho. campanella a prescribed the sowing , and continual nourishing of divisions , dissentions , discords , sects and schisms among us , both in state and church ( by the machivilian plots and policies he suggests , punctually prosecuted among us of late years ) as the principal means to weaken , ruine both our nation and religion , and bring us under the spanish and popish yokes at last : witness his , iamvero ad enervandos anglos nihil tam conducit quam dissentio et discordia inter illos excit at a perpetuoque nutrita , quod cit● meli●res occasiones suppeditabi● : and that principally , by instigating the nobles and chief men of the parliament of england : ut angliamin formam reipublicae reducant ad imitationem hollandorvm : which our republicans lately did by the power of the army - officers ; or , by sowing the seeds of an inexplicable war , between england and scotland ; by making it an elective kingdom , ( as some now endeavour under another notion ) or by setting up other kings of another race , without legal right , or just title , against that ancient , unquestioned , undoubted right and title setled , established in king iames and his royal posterity by inherent birthright , and lawfull right of descent by * god himself and his laws , confirmned & strengthned by all possible titles and rights of compact , laws , statutes , oaths , perpetual uncontradicted custome , protestations , covenants , the solemn publick faith and engagement of our english parliaments & nation , for themselves , their heirs & posterities for ever , as the statutes of iacobi c. . , , iac. c. . , . iac. c. . which both houses of parliament in their declaration of nov. . . exact collect. p. resolve . and that upon this suggestion to the people ; crudelem fore scotum ubi semel imperium in illos obtinuerit ▪ 〈…〉 mente , repostum , quanta injuria angli scotos superioribus illis annis afficerint . praeterea suspicionem cis incu●iat , fore ut jacobus caedem maternam vindicaturus sit , &c. exasperandi sunt etiam animi episcoporū ( presbyterorū ) anglicorum proponendo illis regem scotiae calvinismum amplexum esse spe & cupiditate regni , adactumqve vi , a baronibus haereticis ; quod si vero regnu● angliae etiam ●btineat , tvm illvm cito priorem religionem revocaturum esse : qùandoquidem non solum maria ejvs mater moriens , virum etiā rex ipse galliarvm svmmopore ei religionem catholicam commendarint , &c. yet now transcribed almost verbatim out of * thomas campanella , ( who suggested it against king james to alienate the english from him , & keep him from the crown ) & very freshly by the authors of , the true state of the case of the commonwealth , &c. p. , . objected against the present king of scots and royal issue , to deprive him and them from the crowne of england , and engage the whole english nation against their title , to vest it in some other family in greatest power . ) or if these projects should fail , then by dividing us into many kingdoms or republicks , dislinct one from another ; and by sowing the seeds of schisms , and making alterations and innovations in all arts , sciences , and our religion . the old plots of b campanella , c parsons , and late designs of d cardinal richelieu , of the pope , spaniard , jesuites , to undo , subvert our protestant churches , kings , kingdoms and religion , as the marginal authors irrefragably evidence : yet all visibly set on foot , yea , openly pursued , and in a great measure accomplished by some late , nay present grandees and army-officers , who cry up themselves for our greatest patrons , preservers , deliverers , and anti-jesuits , when they have rather been but the * jesuites , popes , spaniards and other forraign enemies instruments and factors , in all the late changes , new-models of our government , parliaments , & pretended reformations of our laws and religion , through inadvertency , circumvention , or self-ended respects , as many wise and godly men justly fear . for prevention whereof , i shall recommend to the whole kingdoms serious consideration , the memorable preamble of the statute of h. . c. . discovering the like plots of the pope and our forraign enemies to 〈…〉 to prevent them for the future , in these ensuing words . in their most humble wise shewen unto your majesty , your most humble and obedient subjects , the lords spiritual and temporal , and the commons in this present parliament assembled : that since it is the natural inclination of every man , gladly and willingly to provide for the surety , both of his title and succession , although it touch his only private cause : we therefore , most rightful and dreadful soveraign lord , reck●n our selves much more bounden , to beseech and instant your highness , although we doubt not of your princely heart and wisdom , mixed with a natural affection to the same , to foresee and provide for the perfect surety of both you and of your most lawful succession and heirs , upon which dependeth all our joy & wealth ; in whom also is united and knit , the only meer true inheritance and title of this realm , without any contradiction : wherefore , we your said most humble and obedient subjects in this present parliament assembled , calling to our mind the great divisions , which in times past have been in this realm , by reason of several titles pretended to the imperial crown of the same ; which sometimes , and for the most p●rt , ensued by occasion of ambiguity and doubts , then not so perfectly declared , but that men might upon froward intents expound them to every mans sinister appetite and affection , after their sence , contrary to the right legality of the succession and posterity of the lawfull kings & emperors of this realm , whereof hath ensued great effusion & destruction of mans blood , as well of a great number of the nobles , as of other subjects , and specially inheritors in the same . and the greatest occasion hath been , because no perfect & substantial provision by law hath binmade within this realm it self , when doubts and questions have been moved , & proponed of the certainty & legality of the succession & posterity of the crown . by reason whereof , the bishop of rome , & see apostolick , contrary to the great and inviolable grants of jurisdictions by god immediatly to emperours , kings & princes in succession to their heirs , hath presumed in time past , to invest who should please them to inherit in other mens kingdoms & dominions ; which thing , we your most humble subjects , both spiritual and temporal , do most abhor & detest : and sometimes other forraign princes and potentates of sundry degrees , minding rather dissention & discord to continue in the realm , to th'utter desolatiō therof , then charity , equity , or unity , have many times supported wrong titles , wher by they might easily & facilly aspire to the superiority of the same , the continuance & sufferance whereof deeply considered & pondered , were too dangerous and perillous to be suffered any longer within this realm , & too much contrary to the unity , peace and tranquility of the same , being greatly reproachful and dishonourable to the whole realm . in consideration wherof , your said most humble and obedient subjects , the nobles and commons of this realm , calling further to their remembrance , that the good , unity , peace , and wealth of this realm , and the succession of the subjects of the same , most specially & principally above all wordly things , consisteth and resteth in the certainty and surety of the procreation , & posterity of your highness , in whose most royal person at this present time , is no manner of doubt or question , do therefore most humbly beseech your highnes , &c. to declare the establishment of the successiō of your royal posterity in the imperial crowns of this realm : as he and they did by this & other succeeding acts of parl. & in eliz c. . & jac. c. . to prevent the like civil wars and mischiefs for succeeding ages , now revived , promoted by the pope , jesuits , & foraign popish princes to work our ruine . certainly , whosoever shall seriously ponder the premises , with these passages in william watsons quodlibets concerning the jesuits , e . that some of the jesuits society have insinuated themselves into all the princes courts of christendom , where some of their intelligencers reside , and set up a secret counsel , of purpose to receive and give intelligence to their general at rome , of the secrets of their soveraigns , and of all occurrents in those parts of the world , which they dispatch to and fro by such cyphers , which are to themselves best , but comm̄only only to themselves known , so that nothing is done in england , but it is known at rome within a month after at least , & reply made back as occasion is offered , to the consequent overthrow of their own natural country of england , and their native princes and realms , by their unnatural treasons against them ; that so the jesuits might be those long gowns , which should reign and govern the island of great britain . to which i shall add that of rob : turner an english jesuit , in his epistles printed at ingolstad , an. . ep. . volui irrepere , volui irrumpere in intimas aulas principum ; volui videre omnia , ut ad justitiae norman praeclare exigerem . vix coeperam obi●e principū aulas , cum viderim hoereticorū illum mundum administrari a stultis , &c. with that of hospinian , historia jesuitica l. . p. . that the jesuits are so subtil , vigilant , bold , laborious , and indued with such a faci●lty of flattery , insinuation , acting and hurting in princes courts , that they exactly discover , know , and fish out all their secrets , ( which they eve●l to their superiors , the pope and spaniard ) and alone rule all things in them : so that the courts of europe are more grievously infested & afflicted by the iesuites , than the court of pharoah was of old by the aegyptian ●rogs . and may we not then justly fear our new court hath been as much pestered and infested by them of late years , as our old court heretofore ? 〈◊〉 f that the jesuites hope and endeavour to have england , scotland and ireland under them , to make these northern islands a iaponian island of iesuites , and one iesuitical monarchy , ; and to infeoffe themselves by hook or by crook in the whole imperial dominions of great britain with the remainder over to their corporation , or puni-fathers succeeding them , as heirs specially in their society , by a state of perpetuity : putting all the whole blood royal of england to the formidon , as but heirs general in one predicament together , as now they have done . . g that the jesuites have magistracy , kings , magistrates , ministers , priesthood , and priests in high contempt ; publishing many slanderous , seditious ; trayterous , and infamous speeches , libels , and books against them , to render them odious and contemptible to the people , full of plots , exasperations against the church and commonwealth , like rebellious traytors , to bring all into an uproar , that they may have all countries , kingdoms , governments , successions , states , inhabitants , and all at their pleasure . . that the h jesuites have taught the people ( in order to get england under their power , and in order to god or religion , as they stile it , ) that subjects are bound no longer to obey wicked or heretical princes and kings deflecting from the catholick religion , and drawing others with them , but till they be able by force of arms to resist and depose them . that the popular multitude may upon these grounds , when they think meet , place and displace their princes and chief officers at their pleasure , as men may do their tenants at will , hirelings , or ordinary servants , putting no difference in their choice vpon any right or title to crowns or kingdome , by birth or blood or otherwise , then as these fathers ( forsooth ) shall approve it , by this all things must be wrought and framed , conformable to opportunities of times and occasions ; as for example : the people must have a right and interest in them , and to doe what they list in choice of their kings and supream governours , til they have set such a person or usurper in the crown , * as they for their ends have designed ; and then the times and occasions changing , when such a one is setled in the throne , the former doctrine and practises must be holden for a mistaking ; yet such , as seeing it cannot be holpen , the people must beware herafter of attempting the like again . by this a check must be given to the publishers of such paradoxes , ( when they have accomplished their designed ends , ) after that a dispensation procured for the offenders , and then all shall be well ever after ; till a new opportunity for their further advantage . . that the i jesuits by abs●rd equivocations , counterfeited perjuries , sacriledges , and cousenage , become all things to all men , that they may gain all ; as to be seminary priests amongst seminaries ; secular priests , among seculars ; religious men , among religious ; seditious men among seditious ; factions spaniards amongst spaniards ; english traytors among traytors ; scotish vilains , among scots , &c. and amongst all these , to deny and affirm , to object and answer , to swear and forswear , whatsoever may be a gain to them , for their pragmatical commonwealth and society . no wonder then , if they transform themselves into all shapes , and take upon them all professions now amongst us . . that the k jesuits by their devices and practises , have brought all to machiavels rule , divide et impera , in sowing division , breeding of jealousies , and making of hoslile strife , by opposition of king against king , state against state , priest against priest , peer against peer , parents against children , children against parents , sisters against brothers , servants against masters , wives against husbands , husbands against wives , and one friend against another , raising up rebellions , mvrdring of princes , making uproars every where , until they make those they cannot otherwise winne unto them , either yield to be their vassals to live quiet by them , or force them to flight , or drive them out of their wits , or otherwise plague them to death . . that the l jesuits by their cursed positions , and machiavillian practises , have made religion it self a meer political and atheal device ; a pragmatical science of figboys , and but an art of such as live by their wits , and the principles of machiavel taught by their rabb●es ; yea , a very hotch potch of omnium gatherum , religious , secular , clergical , laical , ecclesiastical , spiritual , temporal , martial , civil , aecomenical , political , liberal , mechannical , municipal , irregular , and all withovt order ; so that they are not worthy to be called religious , ecclesiasticks , catholicks , nor temporal mechannical christians ; but rather machiavillians , atheists , apostates ; their course of life shewing what their study is ; and that howsoever they boast of their perfections , holiness , meditations and exercises , ( as if they were all superlatives , all metaphysicians , all entia transcendentia ) yet their platform is heathenish , tyrannical , sathannical , able to set aretine , lucian , machiavel , yea , and don lucifer , in a sort to school . those , i say , who shall sadly ponder all these premises , and compare them with the late practises , policies and proceedings of some swaying politicians of our age ( infected likewise with this atheistical state-maxime , amongst others derived from the jesuits , and machiavillian spanish state-counsellers : ) in reipublicae administratione , quaedam licita esse ratione statvs , alia respectu conscientiae : which * thomas campanella ( as bad as he is ) not only severely censures , but thus declaims against with highest detestation , qua opinione profecto nihil magis absvrdvm av● impivm ne excogitari quidem potest : nam qui conscientiae universalem suam jurisdictionem in omnes res humanas tam pvblicas qvam privatas , subtrahit , ostendit , se nec conscientiam , nec devm habere , &c. siquidem omnia scandala ecclesiae dei , & pertvrbationes orbis terrarvm , inde orta svnt : that men may do against all laws of god and man , their own consciences , trusts , oaths , out of a pretext of the benefit , safety of the state , & publick good , as most now do ; or , compare thē with the constitution of our church , state , religion , publike affairs , must needs acknowledg , that these pragmatical iesuits have bin very active , prevalent , powerful , successful , and not only militant but triumphant , of late years amongst us , under some disguise or other : that they have dangerously poysoned us with these their machiavillian and atheal policies , practises positions , and have more real disciples , factors , if not tutors , now amongst us , then in any former ages : and is it not high time then to endeavour to detect their persons , and prevent their dangerous designs upon us , with greatest care and diligence ? truly though most others be negligent and fearfull herein , yet that text of ezek. . , . and thou son of man , be not afraid of them , neither be afraid of their words , though bryars and thorns be with thee , and thou dost dwell among scorpions , be not afraid of their words , nor be dismayed at their looks , though they be a rebellions house . and thou shalt speak my words unto them , whether they will hear , or whether they will forbear , for they are most rebelliovs ; hath animated me to exonerate my conscience herein , and to say with the prophet , isai . . . for zions ( englands ) sake i will not hold my peace , and for ierusalems sake i will not rest , until the righteousness thereof go forth as brightness , and the salvation thereof as a lamp that burneth . wherefore , upon serious consideration of all these premises , and of all those sacred solemn oaths , that protestation , vow , league , and national covenant , which i have formerly taken ( lying still as so many ) f indissoluble obligations on my soul , notwithstanding the ingrate , malicious , unchristian requitals of all my former unmercinary services , sufferings for religion , laws , liberties , and the publique , in times of greatest danger , recompenced only with long causeless , close imprisonments , injuries , affronts , losses of all kinds , by pretended friends and patrons of our liberties , as well as by professed causeless enemies . and notwithstanding all other discouragements from the general baseness , cowardise , sottishness , slavishness , degenerated spirits of the whole nation , and their strange fearfulness even publiquely to own , much less cordially , to assist , defend , ( according to the sixth article of the covenant ) those few couragious patrons who have hazarded their lives , liberties , limbs , estates , and all earthly comforts for the publique defence of our religion , the laws , liberties , priviledges of our kingdom , church , parliament , against the old and late avowed subverters of them , whose very g company , visits the generality of their former friends and acquaintance have declined , ( as if they had some plague sores on them ; ) not only during their late restraints , but likewise since their enlargements out of them , ( enough to perswade them never to write , speak , act , or suffer any thing more , for such ingrate , unworthy creatures , but rather to put their helping hands , to make them and their posterities slaves for ever . ) i have yet once more , out of pure zeal , love , conscience towards my native country , adventured my life , liberty , and decayed estate , ( considering the lawlessness and danger of the times , not the justice and goodness of the common cause , i plead ) for the necessary defence of the fundamental liberties , franchises , lawes , rights , parliaments , priviledges , and government of our enslaved nation , ( though every way * unworthy to be beloved by god , or men of noble spirits ) in this seasonable , legal , historical vindication and collection ; wherein i have with all boldness , faithfulness , without the least fear or flattery of any mortals or created powers whatsoever , argued , evinced , maintained my own particular , with the whole nations publique right and inheritance in them , ( of which few or none take any care , but only of their own private gains , case , safely , though with the † publike ruine ) and endeavoured ( as much as in me lies ) to preserve them and our religion from the several jesuitical plots , counsels , specified in the whole commons house remonstrance of december . exact collection , p. . to . of late years revived , and more vigorously pursued than ever , and to rescue them out of the claws of tyranny , and all usurping arbitrary powers , which have avowedly encroached on , yea trampled them under feet of late , more than ever the worst of all our monarchs , or beheaded king did , though declaimed against , as the greatest of tyrants by some who have transcended him in his worst regal exorbitances ; and particularly in this , which the lords and commons in parliament , in their * declaration of aug. . . thus grievously complained of , and objected against the kings ill counsellers , that the laws , were no protection or defence of any mans right , all was subject to will and power , which imposed what payments they thovght fit , to drain the subjects purses , and supply those necessities , which their ill counsel had brought upon the king , and gratify such as were instrumental in promoting most illegal and opressive covrses . those who yielded and complied were countenanced and advanced , all others disgraced and kept under , ( and are they not so now , as much as then ? ) that ●o their minds made poor and base , ( as they were never so poor and base as now ) and their liberties lost and gone ( as they were never so much as now ) they might be ready to * let go their religion whensoever it should be resolved to alter it , which was , and still is , the great design , and all the rest made use of as instrumental and subservient to it . upon which consideration they thus concluded that declaration , therefore we the lords and commons are resolved , to expose our lives and fortunes for the defence and maintenance of the true religion , the kings person , honor and estate , the power and priviledge of parliament , the just rights and liberty of the subject , and we do hereby require all those who have any sence of piety , honor or compassion , to help a distressed state , especially svch who have taken the protestation , and are bound in the same duty with us unto their god , their king and country , to come into their aid and assistance . that which hath not a little encouraged me hereunto , is not only this their publick call , but likewise this memorable passage , vow , protestation of the lords and commons assembled in parliament , in their printed h declaration in answer to his majesties of october . . which i fear most of them since in power have quite forgotten ; and therefore i beseech them now seriously to remember it . though we know very well , there are too many of the gentry of this kingdom , who to satisfy the lvsts of their own ambition , are content , like esau , to sell their birth-right , and care not to svbmit themselves to any arbitrary and unlimited government , so they may for their own time partake of that power , to trample and insult over others : ( and have not , are not some of these declarers and censures such themselves ? ) yet we are assured , that there are of the gentry many worthy and true hearted patriots , ( but where are those many now ? ) who are ready to lay down their lives and fortunes , and of late have given ample testimony thereof , for maintenance of their lawes , liberties , and religion ; and with them and others of their resolution we shall be ready to live and die . ( but how many of these declarers have made good this publike engagement ? yea , have not some of them been , and still are more ready to secure , seclude , disoffice , imprison , kill , slay any such true-hearted patrons , as i have felt by sad experience , than to live and die with them ? ) and we must own it as our duty , to use our best endeavors , that the meanest of the commonalty may enjoy their own birth-rights , freedom and liberty of the laws of the land , being * equally entituled thereto with the greatest subject . i trust therefore the greatest grandees in late or present power , neither will nor can be offended with me , and that all the nobility , gentry , commons , and true-hearted . patrons in the nation , who bear any love to the laws , li-liberties , freedom of the people , for which their ancestors and they have so long , so stoutly contended heretofore , and lately with our kings ; will live and die with me in this their vi●dication and defence , against any of their fellow-subjects , who shall endeavor to subvert or deprive them of the full and free enjoyment of all or any of them , according to this engagement and declaration : wherein there are these further observable passages , relating to the parliaments priviledges and its members , which i desire our army-grandees , who impeached , secured , secluded my self with other members of the last true parliament , levied war against and forcibly dissolved it ; with the contrivers of our late new-modelled governments , would seriously ponder ; who in common justice must be content to be as freely told of and reprehended for their * frauds , faults in print ( where the publike and every mans private interest , right , liberty , security , is concerned ) as they have censured others , as well their superiors , as equalls , oft in print , though perchance l●sse peccant than themselves i in that they object against them . k for the matter of his majesties raising an army against the parliament ( wherein many papists , priests , jesuites were imployed ) and taking away the priviledge thereof , we shall refer it to the judgement of every ordinary capacity , whether it be void of sense to say , that this war is raised against the parliament ; but the truth is , that it is not a few persons , but the parliament it self , is the thorn that lies in these mens sides , which , heretofore when it was wont to ●rick them , was with much ease ( by a sudden dissolution ) pulled out : but now that is more deeply fastned by the act of continuance , they would force it out by the power of an army . ( hath not this been the very practise of some army-grandees of late , here objected against the king jesuitical and popish ill counsellors ? ) and whosoever will peruse the several speeches and declarations , made upon the breaking up of former parliaments , since the beginnning of his majesties reign , will find , the pretences of those unjust and illegal dissolutions , to be grounded upon the exceptions against some particular members , under the name of a few factious and seditious persons : so that the aspersing and wounding of the parliament through the sides of a few members , is no new invention : ( and hath not this been the very army-officers practise , since the first year of their reign till now , to wound the last real parliament ; yea , their own late dissolved mock parliaments since , through the sides of a few corrupt members , or a corrupt majority in the house , as all their printed l declarations upon their d●ssolutions attest . and is this then no crime ? or no jesuitical practise in them , though such in the late m king and his ill counsellors ? ) and for the satisfaction of all indifferent men , that this war is raised against the parliament , we shall refer them to former declarations , ●issued out in his majesties name , being so many invectives and ground lesse accusations , not against particular members only , but against the vote and proceedings of both houses . ( and are not many of the armies declarations in . and . yea , the late pamphlet of some present grandees , intituled , a true state of the case of the commonwealth of england , printed , such ? let them now then see whence they took their pattern , even from the beheaded kings n jesuited evil counsellors , whose steps they exactly trace in this : ) but if the truth were , as that declaration seems to imply , that this army is raised to force some o particular members of this parliament to be delivered up , yet upon that ground would it follow , that the same is levied against the parliament . for it cannot be denied by any ingenious man , but that the parliament by their p inherent rights and priviledges hath the power to judge and punish their own members : [ yet the army officers took upon them to secure , seclude them without charge , and their future new-minted ▪ parliament members , though only elected by the people , must be tryed , judged by the new whitehall members , ere they can be admitted to sit , article of the new government . ] and we have often declared to his majestie and the world , that we are alwayes ready to receive any evidence or accusations against any of them , and to judge and punish them according to their demerits ; yet hitherto q no evidence produced , no accuser appearing : and yet notwistanding , to raise an army to compel the parliament to expose those members to the fury of those wicked counsellors , that thirst for nothing more than the ruine of them and the commonwealth : what can be more evident , than that the same is levied against the parliament ? for did they prevail in this , then by the same reason ( pray observe it ) they might demand more , and never rest satisfied until their malice and tyrany did devour all those members they found crosse and opposite to their lewd and wicked designs [ and was not this the practice of the army-officers , who levied a real actual war against the parliament ? they first impeached , secluded xi . members of the commons-house ; and some lords soon after . an. . 〈◊〉 then they secluded other members , by their high declaration of aug. . . after that they secured , imprisoned my self , with members more , and secluded the greatest part of the commons house , leaving not above or at first sitting , who confederated with them , in december . within two moneths after this , they beheaded the king ; then suppressed the whole lords house , to carry on their designs since acted : at last they dissolved their own mock parliaments , when they crossed their ambitious aspires : what they did in september last since this was first penned to those now sitting , is fresh in memory . ] touching the privileges of parliament , which the contrivers of that declaration in his majesties name , ( and the contrivers of sundry * declarations since in the armies name , who imitated them herein . ) seem to be so tender of , and to professe all conformity unto , and deny this army to be raised in any degree to violate : we shall appeal to the judgement of any indifferent man , how little truth is contained in this their assertion , ( or in the army officers printed papers to the same effect . ) the parliament is to be considered in three severall respects : first , as a councell to advise . secondly , as a court to judge . . as it is the body representative of the whole kingdom , to make , repeal , or alter laws : and whether the parliament hath enjoyed its priviledges in any of these respects ( under the army-officers and powers , as well as late king ) let any that hath eyes open judge . for the first , we dare appeal even to the consciences of the contrivers themselves , ( and to the consciences of the army-officers , souldiers , and whitehall men themselves ) whether matters of the highest importance , ( witness all the publick proceedings against the late parliament , king , peers , government ; the warrs with scotland , holland : their new magna ch●rta , repealing the old , entituled , the government of the commonwealth of england , scotland and ireland , wherein they take upon them such an omnipotent soveraign power , as , to pass a decree upon the wavering humors of the people , and to say to this nation , ( yea to scotland and ireland too , ) as the almighty himself said once to the unruly sea , * here shall be thy bounds , hitherto shalt thou come and no further ; as some of them most arrogantly , if not blasphemously publish in print to all the world in their true state of the case of the commonwealth , p. . their making of new binding laws and ordinances , repealing old laws and statutes in and by pretext of this instrument , out of parliament , as their manifold whitehall folio new edicts , amounting to near pages , attest ) have not been agitated and determined ( in and by the army-officers , general councel , and other unparliamentary juncto's , ) not only without , but contrary to their advice , ( and votes too ; ) and whether private unknown councels ( in the army , whitehall , and elswhere , yea the private councels , plots , conspiracies of iesuits , of forraign popish and spanish agents ) have not been hearkned unto , approved and followed , when the faithful and wholsom advice of the great counsel hath been scorned & neglected ( by the army officers and their confederates . ) and yet none can deny , but it is one of the principle ends why a parliament is called , to consult the great affairs of the church and state. and what miserable effects and sad events , this neglect of the great councel , and preferring of unknown and private councels before it , hath produced ; let the present distractions of this kingdom bear witnesse , ( with all the bloody , unchristian wars , taxes , oppressions , distractions , since the armies force upon the king , members , houses , anno . and . to this present time . ) concerning the second , it sufficiently appears by the making the kings court , by the force and power of the kings army ; the sanctuary and refuge of all sorts of delinquents against the parliament and kingdom , and protecting and defending them from the justice thereof : and by admitting such to bear places of great trust in the army , and to stand in defiance of the parliament and the authority thereof ; ( and is it not a far greater crime to make the parliaments army it self , a delinquent against the parliament and kingdom ; the sanctuary of such delinquents against both , and to continue such officers in places of greatest trust in the army , who have levied actual war against the parliament , secluded , secured members of parliament , kept divers years under their armed guards in defiance of the parliament , without any particular charge or impeachment , refusing to release them , even when the serjeant was sent at first from the house it self , to demand the members seised ? ) by all which it is apparent , how our privledges have been torn from us by piece-meals , from time to time . and we might mention many passages , whereby they were endeavoured to be * pulled up by the root , and totally subverted . as the attempt to bring up the late army from the north to force conditions upon the parliament : his majesties letters and commands to the members of both houses ( which found obedience in a great many ) to attend him at york ; and so , by depriving the parliament of their members , destroy the whole body : ( and was not the actual twice bringing up of the parliaments own army , by the army officers , against the parliament it self , to impeach , secure some principal members of both houses ; seclude the majority of the commons house , suppress the whole house of lords ; break off the treaty , behead the king , ( the * head of the parliament ) against the parliaments votes , alter the government , force conditions on the parliament it self , to omit the , , , , , , articles of their new government , with the secluding of all the members lately admitted by armed souldiers , till they took a new engagement , and keeping out all others ) a taking of the privileges of the parliament from them all by whole-sale , and a more desperate pulling up by the roots , and total subversion of all the priviledges and whole body of the parliament , than this objected against the northern army , or the kings jesuitical ill councel ? ) which is enough to prove the vanity of the contrivers of that declaration ( and of the army officers too ) to feed themselves with hope of belief , that the priviledges of parliament are not violated , but intended to be preserved , with all due observance . concerning the allegation , that the army raised by the parliament , is to murder the king , ( oft alledged by the * king and his party , in many printed proclamations , declarations before and after this here mentioned ) we hoped the contrivers of that declaration , or any that professed but the name of a christian , could not have so little charity as to raise such a scandal , especially when they must needs know , the * protestation taken by every member of both houses ( and army officers too ) whereby they promise in the presence of almighty god , to defend his majesties person . the promise and protestation made by the members of both houses upon the nomination of the earl of essex to be general , and to live and die with him ; wherein is expressed , that this army was raised for defence of the kings person , our oft , earnest , and most humble address to his majesty to leave that desperate and dangerous army , &c. a request inconsistent with any purpose to offer the least violence to his person , which hath , and * ever shall be dear unto us . and concerning the imputation laid to our charge , of raising this army , to alter the whole frame of government and established laws of the land , ( which the king and his party * frequently objected in print ) we shall need give no other answer but this : that the army raised by the parliament is to no other end , but for the preservation of his majesties person , to defend themselves , the laws of the land , and the true protestant religion . after which , they there and elswhere conclude . and by this time ( we doubt not ) but every man doth plainly discern through the mask and visard of their hypocrifie , what their ( the kings ill counsels ) design is , to subject both king and parliament and kingdom to their needy , ambitious , and avaritious spirits , and to the violent laws , martial law , of governing the people by guards and by the souldiers . but alas for grief , how superlatively have many of the army officers , and their confederate members ( though parties to these declarations and protestations ) violated them , and both houses faiths , trusts , intentions , ends in raising the army , in every of these particulars ? how have they verified , justified the kings declarations , jealousies , concerning the parliaments army , in every point , here ( and * elswhere ) disclaimed by both houses ? how have they exceeded , out-acted the kings jesuitical counsellers , and most desperate popish army , in violating , subverting both the parliaments priviledges , members and parliaments themselves , together with our * fundamental laws , liberties , government ; for whose preservation they were only raised , paid ? how have they pursued the kings and his worst jesuited counsellers footsteps in all the charges here objected against them by both houses , in relation to the parliaments priviledges , members , constitution , rights , laws , to their utter subversion , dissolution , and waged war against them ? and doth not every man plainly discern through the mask and visard of their hypocrifie , ( to use both houses expressions ) that their design is just the same with that here objected by the parliament to the kings ill jesuited counsellers , and popish army ; even to subject both king , parliament and kingdom , to their needy , ambitious , avaritions spirits , and to the violent laws , marshal law , of governing the people , ( yea parliaments themselves ) by guards , and by the souldiers ? and by conquest to establish an absolute and unlimited power over the parliament and good subjects of this kingdom ; as the houses * elswhere thrice objected against the late king , his army and party : being the very design ( as many wisemen fear ) of the article of their new government ; to settle a constant annual revenue for the maintenance of foot , & horse and dragoones , ( to be alwayes constantly , kept up winter and summer , without disbanding or diminution ) for the defence and security of england , scotland , and ireland ? which must henceforth be kept under by mercinary fo●ces , to guard of protectors , when as the * heathen poet assures us , ●nteger vitae scel●risque purus , non eget mauri jaculis nec arcu ; much less our english nation , ever formerly secured by their own unmercinary militia of the trained bands , and those lords and gentlemen who hold their lands by knight-service . o that they would now in the name and fear of god ( as they tender the eternal salvation of their souls , the honour and priviledges of all future parliaments , the ease , welfare , settlement of our nation ) lay all this most seriously to their hearts , and make it a matter of their greatest lamentation , and repentance ! besides this , have they not falsified that memorable * late declaration of the lords and commons assembled in parliament , novemb. . . in answer to his majesties ( well worthy perusal now ) and made good ( both for the time past , and all succeeding parliaments , whiles there shall be any standing army in england able to over-power them ) all the odious , scandalous positions , in relation to the english parliament , its members and priviledges ( deduced from the kings declaration , only by inference , but disclaimed by the king ) summed up by them , in the close of that remonstrance ; and published in these ensuing terms , as will evidently appear , if applied to the army , and their generall councel of officers , by adding or exchanging their names , only for the kings in a parenthesis ? . * that the king ( the * army , general , and their general councel of officers ) when he pleaseth , may declare the major part of both houses , ( which in all sorts of republicks doth , yea ought of right to over sway the minority , & their votes to be firm and binding to all men , as * aristotle himself resolves ; ) a faction of malignant , schismatical , and ambitious persons : so that all parliaments that have been heretofore and shall be hereafter , and all laws made in them ▪ may by this means be called in question at pleasure ; ( yea nulled and repealed for ever , as some former parliaments have been , when held and over-awed by armed power , or unduly elected , packed , summoned without lawfull authority , or some of the members forcibly secluded , as you may read at large in the statutes of r. . c. , , , , . h. . c. . h. . rot. parl. n. , , , , , . . h. . c. . & e. . c. . worthy the serious perusal of our present grandees , and all illegitimate parliaments , where they may read the fatal end of all new unparliamentary projects , laws , devices , wherein many now so much glory , as if they would continue form for ever : when as in a few years space , they will all probably prove nullities , be for ever reversed ; yea , branded to posterity , as most pernicious presidents . . that his majesty ( the army and their general councel ) may declare what is the known law of the land , against the judgement of the highest court , and consequently of all his courts : so that the safety and right of king and people , and the law it self must depend upon his majesties ( the army , general , and their councels ) pleasure . . that as the king hath a property in his townes , forts , and kingdoms ; so he ( the army and their general councel ) may * dispose of them as he pleaseth ; and the representative body of the whole kingdom may not intermedle in discharge of his majesties ( the armies , generals , councels ) trust , though by the advice of evil councellers they see it diverted to the hazard of the publique peace & safety of the kingdom . . that his majesty ( the army , general , and their councel ) or any other person , may upon suggestions and pretences of treason , felony , or breach of peace ( or of their trusts , a fourth * army new-minted cause ) take the members of parliament , without giving satisfaction to the house , whereof they are members , of the grounds of such suggestion or accusation , and without and against their consent ( as in the case of the late secured , secluded members , and their two junct●'s since ) so they may * dismember a parliament , when they please , and make it what they will , when they will. . that whosoever shall follow the king ( army , general and their councel , ) in the wars ( against the parliament ) though it were to destroy laws , liberty , religion , the parliament it self , and the whole kingdom ; yet he shall be free from all crime or punishment . and that on the other side , to oppose by force any such force , though in the most legal way , and by authority of the representative body of the whole kingdom , is to leavy war against the king ( army , general ) and treason ( within the letter of e. . or of their new knacks since : ) so our lands , liberties , lives , religion , and laws themselves , whereby all the rights both of king and people are due to them , and preserved for them , shall be at the sole will and pleas●re of the prince ( army , general , and general councel of officers , in their new high courts of injustice , or other martial judicatories , as now they are . ) o consider , consider seriously by these particulars , to what a sad , low , despicable condition all english parliaments are now for ever reduced , and their pristine antient priviledges , honor , freedom , power , violently ravished from them by the late army practises , violences , and rebellious insolencies against them , never to be parallel'd in any age ; which hath really verified this clause in the declaration of both houses , * august . . objected against the king and his popish army , in relation to the parliaments army , purposely raised , commissioned , & engaged for their defence . that if the king ( by his army ) may force this parliament ( as the parliaments army both forced and dissolved it ) they may bid farewell to all parliaments , for ever receiving good by them ; and if parliaments be * lost , they ( the people ) are lost , their laws are lost , as well those lately made , as in former times , all which will be cvt in svnder with the same sword , now drawn for the destrvction of this parliament : ( as we now find true by sad experience . ) * athanasius , bishop of alexandria ( about the year of our lord . ) objected this as a great crime , barbarism , cruelty , and violation of the priviledges of councels , to the arrian emperour constantius . that whensoever he called a councel or assembly of bishops , it was but for a shew : for he would not permit them to be guided by the ecclesiastical canons , but his will alone must be their only canon . and when they advised him , not to subvert the ecclesiastical order , nor bring the arrian heresie into the church of god , he would neither hear , nor permit them to speak freely ; but grievously bending his brows ( if they had spoken cross to his designs ) and shaking his sword at them , commanded them to be taken away . whereupon he thus infers , what liberty for perswasion , or place for advice is there left , when he that contradicteth , shall for his labour lose either his life , or his country ? why hath the emperour gathered so great a number of bishops , partly terrified with threats , partly inticed with promises , to condescend , that they will not communicate wi●h athanasius ? and hilary bishop of poictou ann. . in his first book against this tyrannical arrian emperour constantius , thus censures his violent proceedings of this kind , to the subversion of the freedom and priviledge of councils and their members . thou gatherest councils , and when they be shut up together in one city , thou terrifiest them with threats ; thou pinest them with hvnger , thou lamest them with cold , ( as the army officers did the secluded members and decemb. . when they shut them up all night in hell , on the bare boards without beds in the cold , and kept them fasting all the next day at whitehall , til a clock at night ) thou depravest them with dissembling ; o thou wicked one , what a mockery dost thou make of the church and councels ? only dogs return to their vomit ; and thou compellest the priests of christ , to sup up those things which they have disgorged , and commandest them in their confessions , to allow that which before they condemned . what bishops hand hast thou left innocent ? what tongue hast thou not forced to falshood ? whose heart hast thou not brought to the condemning of his former opinion ? thou hast subjected all to thy will , yea , to thy violence . and have not some swaying army officers , by their frowns , menaces , frauds , swords , open force upon the parliament and its members , beyond all the presidents in any ages , done the like , and exceeded this arrian tyrant herein ? and is it not then high time for all friends to parliaments , to protest and provide against such detestable , treasonable violences for the future , destructive to all parliaments , if permitted , or silently pretermitted without question , exemplary censure , righting of the imprisoned members , or any provision to redresse them for the future ? our prudent ancesters were so carefull to prevent all violence , force , arms , and armed men , in or near any places where parliaments were held , to terrifie , over-awe , or disturb their proceedings or members ; * that in the parliament of e. . ( as you may read in rastals abridgement , armour , . provision was made by the king , by common consent of the prelates , earls , and barons , by a general act , that in all parliaments , treaties , and other assemblies , which should be made in the realm of england for ever , every man shall come without force , and without armour , well and peaceably to the honour of the king , and of the peace of him , and of his realm , and they together with the commonalty of the realm upon solemn advise , declared ; that it belonged to the king , and his part it is by his royal signiory strictly to defend wearing of armour , and all other force , against his peace at all times , when it shall please him ( especially at such times , and in places where such parliaments , treaties , and assemblies are held ) and to punish them which shall doe contrary according to the laws and usage of the realm ▪ and hereunto they are bound to aid the kind , as their soveraign lord , at all seasons when need shall be . hereupon our kings ever since this statute , by virtue thereof , and by the law and custom of the parliament , ( as sir edward cook in his institutes c. . p. . informs us ) did at the beginning of every parliament , make a speciall proclamation , prohibiting the bearing of arms or weapons , in or near the places , where the parliament sate , under pain of forfeiting all they had ; of which there are sundry presidents cited by sir edward cook in his margin ; whereof i shall transcribe but one ( which he omits ) and that is e. . rot. parliament n. . . because that before these days , at the parliaments and counsels of our lord the king , debates , riots and commotions have risen and been moved , for that people have come to the * places where parliaments have been summoned and assembled , armed with privy coats of plate , spears , swords , long , knives , ( or daggers ) and other sort of arms , by which the businesses of our lord the king and his realm have been impeached , and the great men which have come thither by his command , have been affrighted : our lord the king , willing to provide remedy against such mischiefs , defendeth , that no man of what estate or condition soever he be , upon pain of forfeiting all that he may forfeit , to the king , shall be seen armed with a coat of male , nor yet of plate , nor with an halberd , nor with a spear , nor sword , nor long knife , nor any other suspitious arms , within the city of london , nor within the suburbs thereof ; nor any place near the said city , nor yet within the palace of west minster , or any place near the said palace , by land or water , under the foresaid pain : except only such of the kings men as he shall depute , or by his command shall be deputed to keep the peace within the said places : and also except the kings servants , according to the statute of northampton . and it is not the intention of our lord the king , that any earl , or baron may not have his lance brought to him in any place , but onely in the kings presence , and in the place of councell . the like proclamations were made in the beginning of the parliaments of . ● , , . , ●dw . . and sundry others : more necessary to be revived in all succeeding english parliaments now than ever heretofore , since the unpresidented forces upon the late members of both houses , and the parliament it self , by the army-officers and souldiers , raised to defend them from violence : the treasonablenesse and transcendency whereof being at large related in my epistle to the reader , before my speech in parliament december , i shall not here criminally presse , nor insist on , but referred them thereunto : however for the future security and freedome of our parliaments from violence , i must crave liberty to inform these army parliament drivers , forcers , dissolvers , ( habituated to this trade ) that if the * late kings march to the house of commons , accompanied only with some of his pensioners and others , armed with pistols and swords , meerly to demand but five members thereof to be delivered up to justice , particularly impeached by him of high treason some dayes before : to wit , * that they had traiterously endeavoured to subvert the fundamental laws and government of this kingdome : to deprive the king of his royal power : to place over the subjects an arbitrary and tyrannical power , to subvert the very rights and being of parliaments : and by force and terrour to compell the parliament to joyn with them in their designs ; for which end they had actually raised and countenanced tumults against the king and parliament . or if the * kings bare tampering with some officers of his own northern army , to draw a petition from them to the houses , or march towards london from their quarters ; ( not to seise upon , force or dissolve the parliament or its members , but only to over-aw them , and impeach the freedom of their debates , votes touching episcopacy , church-government , and the kings revenues ) were such high transcendent violations of the priviledges and freedome of parliament , and unsufferable injuries , as both houses of parliament separately , and joyntly proclaimed them to all the world , in * severall declarations , during his life ; or such capitall crimes , as those who condemned and executed him for a traytor and tyrant , have published in their declaration of march . ( touching the grounds of their proceedings against him , and setling the government in the way of a free state , without king or house of lords ) since his beheading , in these very words . but above all , the english army was laboured by the king to be engaged against the english parliament ; a thing of that strange in piety and unnaturalness for the king of england , that nothing can answer it , but his being a forraigner ; neither could it have easily purchased belief , but by his succeeding visible actions in full pursuance of the same ; as the kings comming in person to the house of commons , to seise the five members , whither he was followed with some hundreds of unworthy debauched persons , armed with swords , and pistols , and other arms ; and they attending him at the door of the house , ready to execute what the leader should command them . which they charged against the king , as the highest of his unparralleld offences ; for which they appeal to all the world of indifferent men to judge , whether they had not sufficient cause to bring him to justice ? though neither he nor his followers then seized , secured , secluded , injured any one member , when they thus went to the commons house ; yea * presently retracted his impeachment , and offered all satisfaction that should be desired by the house for this breach of privilege : and though neither the northern army , nor their officers ever advanced towards , or offered the least violence to the houses , or their priviledges , by petition or otherwise . then certainly the parliaments own armies officers , counsels , manifold high printed declarations , of june . . july . aug. . . nov. . & decemb . . and others before and since , their professed open oppositions , impeachments , against the very proceedings , votes , orders , ordinances , members of both houses of parliament , which first raised them principally for their defence ; [ printed by their order in their book of declarations , the history of independency , and my speech in parliament , ] their impeachment of eleven members of the house of commons , and sundry lords at once ; their securing of above , and secluding of above five parts of six of the whole house of commons at once ; their * avowed marches with the whole body of the army , in ba●talia , severall times to force the houses , seise their members , over-aw , affright , dis-member , dissolve the parliament it self , and their own new erected junctoes since , and justification of it to all the world in print [ in their humble answer touching the secured and secluded members , jan. . . the true state of the case of the commonwealth of england , . and their declarations concerning their dissolution of their two junctoes ] after these misdemeanours of the king , without the least repentance for them , must needs be farre more execrable , unwarrantable and criminal , than the kings , and deserve a severer censure than his peccadilioes in respect of their crimes . and if by the * whole armies printed remonstrances , august . and . . the tumult of some unarmed london apprentices , who offered some small force to the houses , to the violation of their priviledges , ( without securing or secluding any one member ) deserved a speedy and exemplary capital proceeding against the principal contrivers and actors in it , * as they then declared , and vehemently urged again and again in those remonstrances ) or if by their own charge in the name of the whole army , june . . against the xi . members , it was so high an offence in them , that they joyntly or severally invited , encouraged , abetted or countenanced several reformadoes , and other officers and souldiers tvmvltvovsly and violently to gather together at westminster , to affright & assault the members of parliament in passages to & from the ho●se , to offer violence to the house it self , & by svch vnrvly ovtrages & threats to awe and inforce the parliament ; and that upon their bare suggestion thereof ( without any proof at all , or colour of truth ) they presently demanded , that the persons impeached might be forthwith seclvded from sitting in the hovse , and removed thence , before any hearing or trial , which the officers and army eagerly pressed in their paper of june . . nay , if by their own late printed instrument of the government of the commonwealth of england , &c. articles . . all and every person and persons , who have aided , advised , assisted , or abetted in any war against the parliament since the first day of january , . ( unlesse they have since been in the service of the parliament , and given signal testimony of their good affections thereunto ) shall be disabled , and be uncapable to be elected , or to give any vote in the election of any member to serve in the next , or in the three succeeding triennial parliaments : and all votes and elections given to the contrary , shall be null and void . and if any person so made uncapable , shall forfeit one full years value of his real estate , and one full third part of his personal estate , in case he shall give his vote for election of members to serve in parliament : as they there adjudge ; though such persons as they intend thus to disable , never waged any actual war against the parliament it self , or its members , immediatly , but only against the forces raised by the parliament , and so mediatly and indirectly only against the parliament , ( the case of all the late kings adherents and assistants , not within the letter , but meaning of these articles : ) then doubtless those army-officers , souldiers , and their confederats , who advised , sided , assisted abetted in one or more wars against the parliament houses , and parliament members themselves , whom they immediately assaulted , forced , secured , secluded , dissipated , dissolved , destroyed , and have justified it several times in print , without giving any signal testimony of their good affections to the parliament ; and in this their instrument have laid * many chains , clogs , restraints , on all new future parliaments , of their own framing , inconsistent with the honour , freedom , priviledges , being of real english parliaments ; deserve a farre higher and severer censure than these apprentices , or impeached members did in their repute ; or those members they most insolently accuse and impeach , in their declarations of june ● . and august . . ( not to be presidented in any age since the creation , till then : ) and they all are by their own verdict , instrument , totally disabled ( as much as the archest malignants and cavaliers ) by the very letter of these articles , to be elected , or give any vote for the election of members in the four next succeeding parliaments ; and those who have given their votes in the late elections , have thereby forfeited at least one full years value of their real , and one full third part of their personal estates ; and deserve as high , ( if not an higher ) censure , as any sequestred , or other delinquents condemned formerly by them , for bearing arms , levying or abetting any war , but only mediately against the parliament ; and as high an uncapacity to be put not only on themselves , but their heir males to serve in parliament , as the statute of r. . c. . imposed heretofore on others , for a farre lesse offence ; to secure the members and priviledges of all succeeding parliaments , from such unpresidented forcible violences , ruptures , dismembrings , dissolutions , as the last parliament sustained , by the armies outrage and confederacy against them , ( of most dangerous president to posterity ; ) of which i desire to make them truly sensible . the last real and * duly constituted english parliament we had , were so deeply sensible , of the dangerous destructive consequences of securing or secluding their members , and keeping them from the houses , upon any impeachments or surmises , without the notice and consent of the house ; that in their forementioned remonstrance of nov. . . they claimed and asserted this . to be so clear and essential a priviledge of parliament , * that the whole freedom thereof dependeth upon it . that no member of either hovse of parliament was to be proceeded against , or judged , nor taken away , or detained from the service of the house , whereof he is a member ; ( no , not in case of treason , felony , or breach of peace , much lesse in any other ) until such time as that house hath satisfaction concerning the cause : though in such cases they confessed , he might be arrested by the officers of parliament , or any other ministers of iustice , to the intent only , that he might be brought to the parliament corpus cum causa , and deteined in safe custody till he may be brought to the parliament ; but not to be proceeded against in any inferior court , before such time● as the cause be heard in parliament , and dismissed from it . for ( else ) who se●s not , that by this means , under false pretences of crimes and accusations , svch and so many members of both or either hovse of parliament may be taken ovt of it at any time , by any persons to serve a tvrn , and to make a major part of whom they will at pleasvre . and as the grand inquest of the whole kingdom should be ( by this means ) subject to the grand inquest of one particular county ; so the whole representative body of the kingdom should be at the devotion of a middlesex iury , ( as since of their own army , raised to protect them from these mischiefs . ) and therefore , as the freedom of parliaments dependeth in a great part vpon their privileges , and the freedom of this nation upon the freedom of parliaments , we have good reason to beleive , that the people of england knowing their lives and fortunes are bound up in this bundle , will venture their lives and fortunes in this quarrel : which i intreat all those who have so highly infringed this principle privilege of parliament of late years , with all the people of england now seriously to consider , to vindicate , preserve it in all succeeding ages from the like violations , if ever they expect to be freemen , or to enjoy free english parliaments again ; * which are such an essential part of the constitution of the kingdom , that we can attain to no happinesse without them , and like hipocrates twins , we must laugh and cry , live and die together with them . now farther to convince the army-officers , souldiers , of their late great injustice to , and affronts , contempts against the parliament which raised them , in relation to our ancient fundamental government and chief member of the parliament ; i shall desire them and all their confederates in cold blood , seriously to consider , whether they have not , by their undutifull , violent proceedings against them , contrary to the votes , declarations , remonstrances of the parliament , endeavoured ( as much as in them is ) to falsifie this clause in both houses declaration nov. . * although they would perswade his majesty , that there is little confidence to be placed in our modesty and duty ; yet , as god is witnesse of our thovghts , so shall our actions witnesse to all the world ; that to the * honor of our religion , and of those who are most zealous in it ( so much strucken at by the contrivers of that declaration , under odious names ) we shall suffer more for and from our soveraign , than we hope god will ever permit the malice of evil counsellors to put us to : and although the happinesse of this and all kingdomes dependeth chiefly upon god ; yet we acknowledge that it doth so mainly depend upon his majesty , and the royall branches of that root , that as we have heretofore , so we shall hereafter , esteem no hazard too great , no reproach too vile ; but that we shall willingly goe through the one , and undergoe the other , that we , and the whole kingdome may enjoy that happinesse , which we cannot in an ordinary way of providence expect from any other fountain or stream , than those from whence ( were the poison of evil councels once removed from about them ) no doubt , but we and the whole kingdome should be satisfied most abundantly . and on the contrary , have they not fully and actually verified , in respect of themselves and their confederates in the houses , this odious aspersion , then ( only in prediction ) cast by the king on the parliament , but by them at that time renounced with greatest detestation ; and drawn those sad consequences on the whole kingdom , wherewith both houses conclude that declaration in these words ? . * that the representative body of the whole kingdom ( since dissolved by the army ) is a faction of malignant , schismatical , ambitious persons , whose desion is and alwayes hath been to alter the whole frame of government , both of church and state , and to subject both king and people to their own lawlesse arbitrary power and government , and that they design the ruine of his majesties person and of monarchy it self : and consequently that they are traitors and all the kingdome with them , ( for their act is the act of the whole kingdome ) and whether their punishment and ruine may not also involve the whole kingdom in conclusion , and reduce it into the condition of a conquered nation ( as some army officers , & souldiers openly averre we are now reduced to by and under them ) no man can tell : but experience sheweth us ( and now we find it most true in the * army-officers , covncell , sovldiers ) that svccesse often draws men not onely beyond their profession ; but also many times beyond their first intentions . surely as the armies and their confederates late proceedings in relation to themselves , ( though not unto the forced , dismembred , dissolved parliament , and secured members ) have fully verified this charge in every particular , then reputed most false and scandalous ; which i thus press upon their consciences at this time , and so largely insist on , not to defame or asperse them to the world , as many others do , who apply that black character of ier. . . to . c. . . rev. . . to . ( they are all an assembly of treacherovs men : thine habitation is in the midst of deceit , &c. destruction and misery are in their wayes , and the way of peace they have not known ; there is no fear of god before their eyes ) unto them in a more eminent manner , as being really verified by their unparalleld exorbitances formentioned ; but to vindicate the innocency , integrity of the majority and secluded members of both houses , against the scandalous printed aspersions of militiere and other papists , to preserve and justifie the honour of our reformed religion , and of the most zealous professors thereof ; to restore , re-establish if possible , the priviledges , the freedom of all future parliaments , much impaired , endangered by their heady violent proceedings , and most pernicious presidents to posterity ( if not publikely abominated , exploded by them , or exemplarily punished ( to deterr all others from their future imitation ) to convince them by what jesuitical , popish , old court-principles , counsels , practises , they have hitherto been misguided ; and to reclaim them , as much as in me lieth , for the future , from the like destructive . practises , for the publick safety , peace , settlement of our distracted kingdoms ; and do most earnestly beseech them , as they are english-men , souldiers , christians , seriously to repent of and lay to heart , lest they perish eternally for them at last ; as likewise to take heed , lest by teaching and instigating the common souldiers of the army , to suppresse , oppresse , betray the parliament , kingdom , people , who raised , payed , and entrusted them only for their safeguard and defence , they do not thereby instruct and encourage them at last to betray and destroy themselves ; it being a true observation of * seneca the philosopher , aliquando tyrannorum praefidia in ipsos consurrexerunt . perfidiamqve et impietatem et feritarem , et qvicqvid ab illis didicerant , in ipsos execrervnt : quid enim potest ab eo quisquam sperare , qvem malvm esse docvit ? non diu paret , nequitia , nec quantum jubetur , peccat ; as we have seen by many late presidents : so the army-officers , souldiers great successes in all their wars , designs , and forcible ill proceedings against the king , parliament , kingdom , government , laws and liberties ; as it hath caused them not only beyond their professions , but also beyond their first intentions , commissions , protestations , to forget that gospel-precept given to souldiers , luke . . to advance themselves to a more absolute soveraign arbitrary power over them , than ever any kings of england claimed or pretended to , ( as their late proceedings , remonstrances , and transcendent instrument of the government of the three kingdoms , manifest ; ) so it hath been the f principal ground , whereby they have justified all their unpresidented forementioned exorbitances , as lawfull , commendable , christian : and that which hath struck such a stupifying pannick fear , such a stupendious cowardize , baseness , sott●shness , into the generality of the nobility , gentry , ministery , and commons of our late most heroick english naton , that there is scarce t a man to be found throughout the realm of any eminency ( though we should seek after him like diogenes , with a candle ) that dares freely open his mouth against their most irregular , illegal , violent , destructive arbitrary proceedings , usurpations , innovations , oppressions , taxes , projects , to the shaking and utter subverting of our ancient fundamental laws , liberties , rights , properties , parliaments , parliamentary priviledges , government , and taking away of the very lives of some ( and thereby endangering the lives of all other ) english freemen of all degrees , in mischristened high courts of justice . such a strange charm is there in success alone , to metamorphise men into meer v temporising , slavish , sordid sotts and beasts ; yea , to cause not only persons truly honourable , but the very x devil himself , and the worst of beasts , to be wondred after , applauded , adored , not only as saints , but gods. we read rev. . of a monstrous deformed beast , to whom the dragon ( the devil ) gave his power , seat and great authority ; whereupon , all the world wondred after the beast , and worshipped not onely the dragon , that gave him power , but the beast likewise ; saying , who is like unto the beast ? who is able to make war with him ? and there was given unto him a mouth speaking great things , and blasphemies , and power was given him to continue and make war forty and two months . and power was given unto him to make war with the saints , and to overcome them ; and power was given him over all kindreds , and tongues , and nations . and ( herevpon it follows ) all that dwell upon the earth shall worship him , whose names are not written in the lambs book of life . and another beast ( under him ) caused the earth and all that dwell therein to set up the image of this beast , and to worship it ; and he caused all both small and great , rich and poor , free and bond , to receive the ma●k of the beast in their right hand , and in their foreheads ; and none might buy or sell , but he that had this mark ; and as many as would not worship this beasts image , were ordered to be killed . yet this blasphemous beasts reign and power continued but forty two months , rev. . . this beast , ( in the height of his power and victories ) was by god himself , threatned to go into captivity , and be killed with the sword , as he had led others into captivity , and killed them with the sword , ver . . all his followers and worshippers shall ( soon after ) drink of the wine of gods wrath , and be tormented with fire and brimstone , &c. rev. . , , . the saints at last shall get the victory over this beast , rev. . . and the beast himself ( notwithstanding all his former victories , friends , and great armies ) was at last taken , and his false prophet with him ; and were both cast alive into a lake burning with fire and brimstone , and all his forces were slain with the sword , and the fowls were filled with their flesh , rev. . , , . from which texts i have frequently silenced , confounded some of our conquering army-officers and souldiers , whiles prisoner under them , when they were vapouring of their great victories , successes , and concluding from thence , both their saintship , and the goodness of their actions ; saying oft-times like the beasts followers here , who is able to make war with us ? and that with these genuine deductions from these texts , which they could not reply against ; worthy all souldiers and others saddest meditations . . that god may , nay oft-times doth give great power to the very worst and most blasphemous of all men and beasts ; & that not only over one or two , but many tongues , nations , as in this text , and dan. . , to . c. . . to . . that such beasts many times may , and do not onely make war with , but even overcome the very saints themselves in battel , as the babylonians , assyrians , and other ungodly beasts did the israelites , gods own saints and people , psa . . , , &c. dan. . , , , . isa . . , &c. c. . , . jer. . , , . c. . . &c. yet they were but blasphemous beasts , and wretches still , not saints . . that if such beasts have but great power and success in their wars , enterpri●es against their enemies , or the saints themselves ; though their mouths utter blasphemy against the god of heaven , his name , tabernacle , saints ; though their actions , designs be never so impious , atheistical , treasonable , detestable : their power but short and fading , yet whiles they are in power and prosperity , the whole world will wonder , run after , worship , flatter , saint , deifie and adore them for gods , ( as y alexander the great , and julius caesars friends , flatterers did them ; and some wicked popes favourites them too ; ) yea , set up , and worship their very images , receive their marks in their hands , foreheads , and extol them to the skies , saying , who is like unto the beast ? who is able to make war with him ? . that such adulatious speeches , vaunts , practises as these , and such arguments of saintship , of the goodnesse of mens causes , undertakings , actions , only from their present power , victories and successes , are the arguments , practises , of worldly , earthly , beastly men ; of worshippers of the beast and dragon of z assyrians , turks , popes , not of the elect real saints of god , whose names are written in the lambes book of life ; who will neither flatter , worship , nor adore such beasts , nor receive their marks in their hands or fireheads , though they be prohibited to buy or sell , or slain for refusing it by their instruments , rev. . , , . dan. . . to . . that such beasts in power , will never want under-beasts and instruments , nor yet a false prophets to perswade or enforce obedience and subjection to them , even by dis-franchisements , death , lying wonders , flattering prophecies , speeches , sermons , and hypocritical mock-fasts . . that the power and dominion of such beasts , is given and derived to them immediatly by the dragon ( the b prince of the power of the air ) only by gods permission , not his approbation ; rev. . . hos . . . thess . . , . and that in wrath , for the punishment of the peoples sins , and destruction , greater condemnation of the beasts themselves at last . hos . . . rev. . and , and . psal . , . ier. . , &c. c. ● . throughout . hab. . , , . . that this their dominion , raign and triumph , is commonly very short , like this beasts here for forty two months , rev. . . which is but three years and an half c julius caesar that great first conqueror of this island and a great part of the world ; usurping the supream power over the roman senate , and changing the government , lived only five months a soveraign lord in peace ( though some compute his whole dominion years and months ) and then was suddenly stabbed to death in the senate-house , by those friends in whom he reposed greatest trust ; for his tyrannical usurpations , and alteration of their former government ; for endeavouring ( as was suspected ) to make himself king of the romans , ( though he rejected the title of king when offered unto him by m. antonius , saying , that jove was only king of the romans , that so he might seem to be compelled to receive it by the people , ( being their king before in deed , though not in name : ) and for saying , that the * commonwealth was but a voice or name , without a body or substance . nullum violentum est diuturnum , see isa . , and . iob. . , , &c. psal . and . psal . . , . isa . , , . chron. . and sir walter rawlies preface to his history of the world , worthy serious perusal by the grandees of these times . . that in conclusion such conquering , usurping beasts , notwithstanding all their power , friends , followers , confederates , armies , policies , are usually conquered , taken , slain on earth , and cast into the lake burning with fire and brimstone for ever , for their tyrannies , blasphemies , bloodsheds oppressions of the people and gods saints , and their confederates , armies , false prophets , followers , adorers * destroyed with them even on earth ; and then made to drink the cup of gods wrath , fury and torments for ever in hell , isa . , and . jer. . and . rev. . . , . c. . , , . . that though they continue conquerors and victorious for many years ; and conquer not only , one , two or three , but many kings and kingdoms ; cut off not only the thumbs of their kings , that they might not lift up a sword against them , and their great toes , that they may not run from them , but their heads too ; yet god at last ( in his retaliating justice ) doth usually pay them home in their own coyne , as is evident , not onely by * bajazet the turkish emperour , our * king penda , ( who slew no lesse than . christian kings in several battles , took sundry other kings prisoners , and at last was slain himself , with all his old victorious captains and souldiers , by king oswi , and a small despicable army of raw souldiers , not half so many as they , ann. . who thereupon seized on his kingdom ) and others in prophane stories ; but by that memorable history of d adonibezeck ; who after his conquest of no less than seventy kings , ( who ever in this latter age , conquered one quarter so many ? ) and tyrannizing over their persons , was , by a small party of judah and simeon , fought with on his own dung-hil , his victorious old army totally routed , ten thousand of them slain , himself forced to fly , pursued , and taken prisoner by these contemptible enemies , who cut off his thumbs and his great toes . whereupon adoni-bezek ( though an idolatrous canaanite ) used these memorable words , worthy all conquerours and tyrants memorial ; recorded by god himself to all posterity , iudges . . threescore and ten kings having their thumbs , and their great toes cut off , have gathered their meat under my table ( like so many dogs rather than kings ) as i have done , so god hath rewarded me : and they brought him ( prisoner ) to ierusalem , and there he died . see the like retaliation threatned , inflicted . hab. . , , . isa . . . dan. . . to . obad. . ezech. . , , . rev. . . . ier. , and . nah. . . &c. rev. . . ioel . , , . deut. . . isa . . & . chron. . . compared with c. . . to the end . . that the elect saints of god , do by faith in the word of god , and upon consideration of the usual providence and justice of god towards such beasts and bloody conquerors , most assuredly see their downfall , and with patience expect it , rev. . , . if any man have an ear let him hear . e he that leadeth into captivity , shall go into captivity ; he that killeth with the sword , mvst be killed with the sword : here is the patience and the faith of the saints . o that we had this patience and faith within us now ! . that upon this faith and assurance , the true elect saints of god , neither will , nor do , nor dare to admire after , follow , worship or adore such b●asts , or their image , nor receive their marks in their hands , or foreheads , though all the world else readily do it without opposition ; enduring patiently rather to be warred upon , killed , secluded from buying or selling any thing , then unchristianly to adore , subject , or enslave themselves unto them , rev. . , , . esther ● , to . kings . , . iohn . , . dan. . . to . king. . . chron. . . to . which serious seasonable considerations , as they should daunt the hearts and allay the high presumptious spirits of the most successfull conquerors , powerfull usurpers over and violent invaders of the liberties , lives , estates , rights , properties of their lawfull superio●s or christian brethren , and all subverters of the laws , priviledges , parliaments , government of their native country , especially against their oathes and trusts : so the meditation on them , together with the contemplation of the infinite power , wisdom , faithfulness , iustice , holiness , presence , and gracious promises of god , have at all times and seasons hitherto , invincibly animated , steeled , fortified my soul in the midst of all my sufferings , both under the domineering prelates , parliament-assaulting army-officers , the late tyrannical cashiered republicans , and all other self-created oppressing powers , which ( if not already dead and buried in the dust , with all their thoughts and high aspiring projects , ) yet shall certainly f die ere long like men , and become us dung ; yea , they have enabled me by faith and patience to be g more than a conquering triumpher over them : and to sing aloud with magnanimous david ( a man after gods own heart ) long before their down-fall , psal . . , , . the lord is my light and my salvation , wh●m shall i fear ? the lord is the strength of my life , of whom shall i be afraid ? when the wicked even mine enemies and my foes came upon me to eat up my flesh , they stumbled and fell . though an host should encamp against me ( as they did at westminster , at my house , and in sundry garrisons , where i was a prisoner under souldiers ) my heart shall not fear : though war should rise against me , in this i will be confident . i will not be afraid of ten thousands of people that have set themselves against me round about . and to cry out in pauls words of defiance against all enemies and perils in the cause of my god and country ( uttered in his own and all true elected saints names ) rom. . , &c. who shall separate us from the love of christ ? ( or our native country , as well actively as passively considered ; ) shall tribulation ? or distress ? or persecution ? or famine ? or peril ? or sword ? ( of an whole army , or other powers ) nay , in all these things we are more than conquerors through him that loved us . for i am perswaded , that neither death , nor life , nor angels , nor principalities , nor powers , nor things present , nor things to come , nor height , nor depth , nor any other creature , shall be able to separate us from the love of god , which is in christ iesus our lord. and to say with him in all threatned dangers for my sincere conscientious publick services , act. . . . and now i go bound to jerusalem , not knowing the things that shall there befall me , save , that the holy ghost witnesseth in every city , saying ; that bonds and afflictions wait for me . but none of these things move me , neither count i my life dear unto me , so ●s i may finish my course with joy , and the ministery which i have received of the lord iesus , &c. and verily me thinks the serious contemplation thereof , and of all the premises , with that of sam. . . isa : . . . ier. . . ezech. ▪ , to . matth. . . coupled with psal . . . if the foundati●ns be destroyed , what can the righteous do ? prov. . , . my son , fear thou the lord and the king , and meddle not with those who are given to change ; for their calamity shall rise suddenly ( which we have seen verified in many late changers , mock parliaments , and self created new powers , ) and wh● knoweth the ruine of them both ? should now at last banish all base carnal fears out of all timerous hearts , rouse up the languishing , fearfull , dead , stupid spirits of our degenerated english nation , and engage them all unanimously , undauntedly to claim , vindicate , regain , re-establish those ancient undoubted hereditary fundamental rights , ●iberties , priviledges , franchises , laws , government , ( purchased with their ancestors & their own dearest blood , sweat , treasures ) which belong to the whole kingdom ; to all true english parliaments , freemen in general , and to every of them in particular ; whereof they have of late years been forcibly disseised , or ●ypocritically cheated by pretended patrons , preservers , and propuguers of them ; the substance whereof i have here set before their eyes in ten brief propositions , and by records , statutes , presidents , histories , contests , resolutions in all ages , undauntedly , ( as their common advocate ) asserted , fortified to my power , for their encouragement and president in this publick work . and if they will now but couragiously second me herein , with their joyn● , bold , rightfull claims , votes , declarations , and resolut● demands of all and every of their enjoyments , and future inviolable establishments ; with strenuous oppositions of all illegal perpetual imposts , excises , contributions , payments ( the chief nerves and cords to keep them still in bondage by mercinary forces , supported only by them to keep them still in slavery ) according to their oaths , vows , protestations , duties , manifold late declarations , remonstrances , solemn league , covenant , and the encouraging memorable presidents of their ancestors in former ages here , recorded ; i dare assure them ( by gods blessing ) a desired good-success , whereof their * ancestors never failed : no mortal powers nor armies whatsoever , having either impudency or ability enough to deny , detain them from them , if they will but b generally , unanimously , couragiously , importunately claim and demand them as their birth-rights . but if they will still basely disown , betray , and cowardly desert both them and their assertors , and leave them to a single combate with their combined jesuitical enemies ( whom none take care to discover , suppress or banish out of our realms , where they now swarm more than ever ) and armed invaders ; the fate of our old english britons , when they improvidently neglected to unite their counsels , forces against , and fought only singly with the invading united armies of the romans , is like to be englands condition now ; i dum pugnant singuli , vincunntur universi : the single champions of our liberties , laws , rights , will be easily over-powered , destroyed , for the present ; and all others ( by their unworthy treachery and baseness , in not adhering to , but abandoning their present patrons ) discouraged , disabled to propugne , regain them for the future : and the whole kingdom vanquished , yea enslaved for eternity in all humane probability , to those who have broken your k former yokes of wood , but instead thereof have made for , and put upon you yokes of iron : and by the jesuites machiavilian plots and policies , will reduce you by degrees under a meer papal yoke at last , having deeply leavened many in power and arms , with their forementioned most desperate jesuitical positions , practises and politicks , which will soon usher in the whole body of popery , and all damnable heresies whatsoever , by degrees , to the ruine of our religion , as well as laws and liberties . wherefore , seeing it neither is , nor can be reputed treason , felony , sedition , faction , nor any crime at all , but a commendable bounden duty , to which our protestations , oaths , leagues , covenants , reason , law , conscience , our own private and the publick interest , safety of the nation engage us , for all and every freeborn englishman , joyntly and severally to claim , maintain , preserve , by all just , honourable , publick and private wayes they may , their unquestionable hereditary birth-rights , laws , liberties , parliamentary priviledges , &c. here asserted and presented to them , after so much blood , treasure , labour spent to rescue them out of the hands of old and late oppressing tyrants ; nor any offence at all , but a praise-worthy service now in me , or any other , publickly to encourage them to this duty , ( and the strenuous defence of our endangered undermined protestant religion , subverted with our laws & liberties , and living or dying together with them ) at this present season , as i have done heretofore upon all occasions ; and seeing none can justly censure them or me , for discharging our oathes , consciences , covenants , protestations , duties in this kinde , but such as shall thereby declare themselves publick enemies and trayters to the whole nation , laws , government , parliaments of england , as the resolutions , presidents , * herein cited , yea their own best friends , ( and our † reformed religion too ) have already adjudged them : and seeing * sir thomas fairfax and the general councel of his army , held at putney sept. . . in their declararation , concerning the fvndamental avthority & government of the kingdon ; printed by their appointment , in these words : whereas a member of the general councel of this army , hath publikely declared and expressed himself , that there is no visible authority in the kingdom , bvt the power & force of the sword , ( as others of them say since , and now both by words and deeds , without controll . ) we therefore the said general councel ( to testifie . how farre our hearts & minds are from any design of setting up the power of the sword above or against the fundamental authority & government of the kingdom & our readinesse to maintain and uphold the said authority : ) have by a free vo●e ( in the said councel , no man contradicting ) judged the said member , to be expelled the said councel . which we hereby thought fit to publish , as a clear manifestation of our dislike & disavowing svch principles or practises , ( which notwithstanding they have since avowed pursued in the highest degree ; and i desire them now to repent of ▪ reform , and really make good ) have engaged to maintain and propugne with their swords , what i here endeavour to defend , support , with my pen. and seeing they intituled their printed papers , a declaration of the engagements , remonstrances , reprèsentations , proposals , desires , and resolutions , from his excellency sir tho : fairfax , and the general covncel of the army , for setling of his majesty in his jvst rights , the parliament in their jvst privileges , and the svbjects in their liberties & freedoms . also representations of the grievances of the kingdom , & remedies propovnded , for removing the present pressvres whereby the svbjects are bvrdened ( and excises , taxes amongst the rest ) and the resolutions of the army , for the establishment of a firm & lasting peace in chvrch & kingdom , printed by their own , and the lords house special or●er , london : the self-same things i here contend , plead for , ( which i wish they would now really make good by their future consultations and actions to avoid the just censures of meer hypocrites and impostors , as the whole world will else repute them . ) i shall therefore exhort not only the whole army , army-officers , and their general councel ; but likewise the whole english nation , and all real lovers of their own or their countries liberties , peace , laws , ease , safety , religion , and future establishment in this common cause , in the words of the philistines one to another in a time of need , when they were greatly affraid , sam. . . be strong and l quit your selves like men , o ye philistines , that ye be not servante to the hebrews , as they have been to you● quit your selves like men , fight , &c. that so ( as the apostle writes in the like case , phil. . , . ) whether i come and see you , or be absent from you ▪ i may hear of your affairs , that ye stand fast in one spirit , with one mind , striving together for the faith of the gospel ; ( and the ancient fundamental laws , liberties , rights , priviledges , parliaments , government and religion of our realm , which the jesuites and their instruments make their master-piece totally to undermine and subvert ) and in nothing terrified by your adversaries , which is to them an evident token of perdition , but to you of salvation , and that of god. if the presidents of your renowned ancesters here recorded ; the paterns of m many gallant pagan romans , graecians , who have spent their lives , for their countries , laws , liberties ; or if my example and these my lucubrations shall provoke you hereunto ; i shall think my labour well bestowed ; and you and your posterities worthy to live like english-freemen . but if you wil now neither manfully demand , speak , nor contend for them any more , out of a slavish fear of a prevailing army raised only for their just defence , or any other humane powers whatsoever ; nor once adventure with united spirits now at last , so much as confidently , boldly to ask these your unquestionable birthrights at the thrones of any mortal grandees , your fellow-subjects , when god almighty himself commands you , to come with boldnesse to his coelestial throne of grace , that you may obtain ( not meer right as here , but ) mercy it self , and grace to help in time of need , heb. . . qui timide rogat , docet negare ; you can neither hope for , nor ever obtain them for the future , but deserve eternally to forfeit them , and you and yours to be made slaves for ever : however i ( though these collections prove successless ) shal carry this as a comfortable cordial with me to my grave , that i have faithfully discharged my conscience and bounden duty to my degenerous native country , by endevouring all i could both to make and preserve it free indeed ; to detect and prevent all jesuitical plots and practises , to undermine , imbroyl , divide , subvert , ruine it ; and used my utmost sincerest constant endeavours in my place and calling herein . but if through the malice , tyranny or injustice of any prevailing enemies of publick freedom , or jesuitical agents , i shall chance to suffer for it in any kind , ( as i have formerly done for most of my publick services of this nature ) be it close-imprisonments , fines , pillories , stigmatizings or death it self ; i shall onely say beforehand , as gregory the great did heretofore : indict . . epist . . in causa qua deo place●e cupio , homines non formido : and as noble heroick esther did , in a like publick case for her endangered captivated nation , n if i perish , i perish : and this my unrighteous suffering , shall be a new glorious permissive , ordering , over-ruling providence , doth no wayes justify nor extenuate the guilt of any traytors , rebels , murderers , conspirators sinnes ▪ treasons , rebellions , murders , regicides , conspiracies , rapines , oppressions , or wicked devices , which he permits them to plot , act , accomplish ; so it doth in no wise exempt them in gods or mens esteem from being the true original plotters , contrivers , and immediate instrumental actors of them ; nor from the divine or humane punishments which they in justice demerit ; as is most evident by gen. . . to . psal . . . . prov. . , , . iob . , , &c. kings . . to . c. . . to . c. . . to . specially ver . , . kings . . to . c. . , . c. . . to . c. . , . sam. . sam. . . to . c. . throughout . hos . . . c. . , . isay . , c. . , , , &c. acts . . to . c. . . thess . . , , . mat. ▪ , , . compared together . and if we should look upon all our late changes , revolutions in our kingdoms , government , church , parliaments , religion , laws , ( wrought by the iesuites and their instruments ) as the meer wonderfull immediate productions and glorious operations of god himself in the world , and upon the instruments imployed in them , only as gods own precious chosen saints and servants , accomplishing nothing but his own determinate will , providence , councel , ( though to satisfie their own ambition , covetousnesse , malice , rapine , blood-thirstinesse , lusts ) as many now proclaim them , and not as conspirators , treacherous , perfidious , pernicious malefactors in the highest degree , as well as iack cade , wat tyler , strafford , canterbury , or the murderers of our saviour , joash , ishbosheth , with other kings heretofore , and of henry the . and . of france , of late ; there should then be no traytors , conspirators , murderers , sinners , treasons , conspiracies , murders , sinnes , in the world ( being all perpetrated by gods permissive providence ) no law , nor hell to punish them : and it would be no less than a direct resisting , fighting against god and his providence , for any christians , kingdoms , kings , or loyal subjects , to pray against , resist , oppose the treasons , murders , conspiracies , vsurpations , rebellions , innovations , plots , of any iesuites or romish emissaries , or their under-agents , against our kings , kingdoms , governors , parliaments , laws , liberties , government and religion ; which would be professed blasphemy , or frenzy at least , for any man to affirm . . that this iesuite parsons ▪ in his ●o●ks of the reformation of all the states of england , as he prescribed reformations to the prince , court , counsellors , noblemen , bishops , prelates , pastors , universities , lawyers , laws , in which he will have strange metamorphoses ; so likewise , the covrt of parliament he will have brovght to better form , as w. w. ( a secular priest ) in a dialogue between a secular priest and a lay-gentleman , printed at rhemes , an. . p. . watson in his quadlibets , p. . to . . to . william clark ( a s●cular priest in his answer to father parsons l●bel , p. . &c. ) in direct terms attest . and may we not then justly suspect , that the late new-models and reformations of our kingdoms , parliaments , government , laws , &c. ( originally promoted by our * army counsels , and officers ) proceeded primarily from the iesuites projections & plots against them , if the statutes of eliz. c. . eliz. c. . eliz. c. , . iac. c. , , , , . iac. c. . and the manifold declarations of both houses of parliament , exact collection , p. , , , , . , , , , to . may be judges ? . that the iesuites drift directly is ( immediatly by means of * conquest intended for england ) to bring it and all christendom into an uproar , for common sovldiers to examine their soveraigns , what title they hold by ; that thereupon themselves by craft , money and multitudes gathered together through their policy , may bring england , ( and then ) spain , and all the rest under their subjection and monarchy : and that principally by this iesuitical position ; that every precopie or tartarian multitude , getting once the stile and title of a publick state , or helvetian common-wealth , may alter , change and innovate the course of inheritances and succession to crowns and kingdoms , and also to every private persons heritage holden in fee-s●mple : as b william watson assures us in these very terms . and whether the jesuites have not instructed our army officers and common souldiers upon this pretext , and for this very end , to examine their soveraigns , yea , our parliaments titles , priviledges , and powers too of late , and dispose of , reject , suppress them at their pleasure ; let themselves , the whole nation , with all in present power , in the fear of god , most seriously consider , without passion or affection , before it be over-late . . that the oathes of supremacy and allegiance ( which all members of parliament ought by law to take , before they can sit , or vote as members ) specially made and prescribed by our most wise , zealous c protestant parliaments , to prevent the treasonable plots and designs of popes , iesuites , and papists , against our protestant princes , realms , parliaments , religion , though confirmed by many statutes , and containing in them , only the declaration of such a duty , as every true and well-affected subject , not only by the bond of allegiance , but also by the commandment of god , ought to bear to the king , his heirs and successors ; and none but * persons infected with popish superstition formerly oppugned , ( as the prologue of the statute of iacobi c. . positively resolves ) have by late state innovators , not only been discontinued , suspended , but declaimed against and repealed ( as much as in them lay ) as d vnlawful oaths ; the old lawes against iesuits and popish seminaries , discontinued , abrogated , or coldly executed . e the new oath for abjuration of popery , with all bills against iesuites and papists , presented to the late king by both houses the last parliament , and by him consented to in the isle of wight , wholly laid aside , and quite buried in oblivion . the solemn protestation , league and covenant , prescribed by the last parliaments taken by all the well-affected in all the kingdoms ( to f prevent the dangerous plots of papists , iesuites , and our common enemies to destroy our religion , churches , realms , government , parliaments , laws , liberties ) quite antiquated , dec●ied , detested , and a g new engagement forcibly imposed under highest penalties and disabilities upon all men , diametrically contrary to these oaths , protestations and covenants , which have been ( by a new kind of papal power ) publickly dispenced with , and the people absolved from them , to become sworn homages to other new self-created lords and masters . and are not all these , with the late proclaimed universal toleration and protection of all religions , to considerate zealous protestants , strong arguments of the jesuites predominancy in our late counsels , transactions , and changes of publike government ? . that the notion of the present government , ( in my weak apprehension ) derived its original from the iesuites late-invented h present church , the onely supream power and judge of controversies , which all men must submit unto , by a meer absolute blind obedience , and implicit faith , without dispute by their determination : as they must do , by a like iesuitical blind obedience ( newly taught and obtruded on us ) to that present republican government , and new optimacity , and popularity , lately set up instead of our monarchy . which two forms of government , and want of a king and monarchy , as they are the punishment of a peoples sins , and the transgressions of a land by gods own resolution , not a mercy . hosea . . c. . . ier. . . prov. . . ez● . . . lam. . . c. , , , . so they were the inventions of factious grecians at first , w●ch * put all their cities into combustions , fury , frenzy , and civil wars against each other , to their utter overthrow in conclusion : witness these verses of i heniochus , a greek comedian : tum geminae ad illas accesserunt mulieres ( titas quae cuncta conturbarunt : optimaest nomen alteri : alteri popularitas ; ( runt . quarum incitatis pridem externatae fu● so the iesuits , k parsons , l campanella , m car. richelieu , designed to introduce & set them up among so us in engl. scotl. and ireland , of purpose to divide● destroy us by civil wars and combustions , and bring us under their jesuitical power at last , as the marginal authorities declare to all the world . and if this be undeniable to all having any sence of religion , peace or publick safety left within their brests , is it not more than high time for us to awake out of our former lethargy , & fordid , selfish stupidity , to prevent our ruine , by these and other forementioned jesuitical practises ? of can any englishman , or real parl. be justly offended with me for this impartial discovery of them ? or for my endeavours to put all the dislocated members and broken bones of our old inverted fundamental body politick , into their * due places , joints and postures again , without which there is no more n possibility of reducing it to its , pr●stine health , ease , settlement , tranquility , prosperity , or of preserving it from perpetual pain , inquietation , consumption and approaching death , than of a natural body whose principal members continue dis-joynted , and bones broken all in pieces , as all prudent state-physicians must acknowledge . these five considerations , together with the premises ; will i presume sufficiently wipe off all the malicious scandalous imputations , which militiere and other papists , have injuriously cast upon the principles and chief professors of our reformed religion , in relation to the late exorbitant proceedings against the king , parliament , the publike revolutions , confusions , ataxies both in our church & kingdoms ; and retort them on the iesuitical , papal , seditious , treasonable , antimonarchical principles and professors of their religion , especially the iesuits and french cardinals ( militiere his late lords and masters ) the original contrivers , and chief clandestine promoters of them , as every day more and more discovers to the world . and withall abundantly justifie this my undertaking & impartial discovery of jesuitical plots to ruin our church , religion , kingdoms , parliaments , laws , liberties , government , against all malicious enemies , accusers maligners whatsoever , before all the tribunals of god or men , where i shal be ready to justifie them upon all occasions . in perpetual testimony whereof , i have hereunto set my hand , and by gods grace shall ever be ready to seal them and the truth of god with my blood , if called out to do it . swainswick , aug. . . william prynne . a seasonable legal and historicall vindication and chronologicall collection of the good old fundamental liberties , franchise● , rights , laws of all english freem●n ; ( their best inheritance , birth-right , security , against all arbitrary tyranny , aegyptian slavery and burdens ) of late years most dangerously undermined , oppugned , and almost totally subverted , under the specious feigned disguise of their defence , enlargement , and future establishment upon a sure basis . it is an universall received principle , and experimentall truth , beyond all contradiction , that no naturall structure , no artificial building , no civil or ecclesiastical corporation , realm , republike , government , or society of men ; no art or science whatsoever , can possibly be erected , supported , established , preserved or continued in their being or well-being , without fovndations ; whereon , as they were at first erected , so they must necessarily still depend , or else they will presently fall to utter ruine . hence it is ( to wave all humane authorities in so clear a verity ) that in gods own sacred unerring a word of truth , we finde frequent mention of the naturall b foundations of the the vast natural fabrick of the earth , heavens and world it self ; of the artificial , material c foundations of the material temple , wals , city of gods own most famous jerusalem ; and of private houses : of the spirituall d foundations of the spiritual temple , city , jerusalem , and whole church of god ; even jesus christ himself : of doctrinal e foundations , and first principles of religion ; christianity , salvation : yea , of the politicall foundations of kingdomes , republicks , churches , governments , states : which being once shaken , undermined , subverted , razed , or d●stroyed , bring unavoidable ruine and desolation upon them , ( psal . . . psal . . . jer. . . & . , . micah . , , . ) even as we daily see castles , walls , houses to fall instantly to the ground , and become an heap of confusion , when their f foundations are blown up , decayed , or demolished . upon which consideration , those publike laws , which establish , fence , fortifie , support the fundamental constitutions , rights , liberties , priviledges of any nation , kingdome , republike , ( essentiall to their being and subsistence , as a free or happy people , against the invasions , underminings , enchroachments of any tyrants , vsurpers , oppressors , or publike enemies , are usually stiled fundamental laws ; and have ever been reputed so sacred , inviolable , immutable , in all ages , upon any pretences of necessity , or publike safety , that most nations , and our own english ancestors above others , have freely chosen to hazard , yea , lose their estates , lives , in their just defence , against such exorbitant tyrannical kings , and other powers , who by force or policy have endeavoured to violate , alter , or subvert them ; rather than out of a cowardice , sottishnesse , carelesnesse , or want of cordial love to the publike , to suffer the least infringment , repeal , or alteration of them to the inthrawling of themselves or their posterities to the arbitrary wils of such domineering tyrants and vsurping powers . now because , after all our old and new ( many years ) bloody , costly , dangerous contests and wars , for the maintenance of our good old fundamental liberties , laws , ●ights , priviledges , against all secret or open underminers of them , i clearly behold with grief of heart , that there is a strang monstrous generation of new tyrannical state-hereticks , sprung up amongst us ; who are grown so desperately impudent , as not only to write , but publikely to assert in print , in g books printed by authority , ( even in capitals , in every title page ) that the freemen and people of england have no such unalterable fundamental laws and liberties left them by their forefathers ( as our ancestours heretofore contested for , both in the field and parliament-house , with william the conqueror , henry the first , king john , henry the third , edward . . . richard . with other kings and princes ; and our late parliament● and armies too , with king james and king charls . ) that neither magna charta , nor the petition of right , nor the laws for trying malefactors by juries of their pears , are fundamental or unalterable ; but that the state physitians ( or rather mountebanks ) of our time ( who are not tied up to them , but left free unto themselves ) may lay them quite aside , either in part or whol , as they see cause . yea , have now attained to such a super-transcendent authority , that they may ( as they assert ) lay aside all parliaments & parliamentary wayes , & appoint something else , as more seasonable and proper to us , and as providence makes way for it , if they see it more conducing to the safety and good of the commonwealth ( that is , to their own privat interests , honors ; profits , securities , designes , oppressions , rapines , gilded over with this specious pretext ) and then peremptorily conclude , that to plead for these and other fundamental laws and liberties , as unalterable , ( though the only bulwarks & badges of our freedome ) is nothing else , but to enslave the nation : for by such a principle , people do not only lose their liberty , but are brought under such a kinde of tyranny , out of which ( as being worse than the aegyptian bondage ) there is no hope of deliverance . an absurd tyrannical paradox , transcending any i ever yet met with in any author ; stripping us naked of all our long enjoyed laws , liberties , franchises , great charters at once ; tending onely to reduce , and perpetually inthrall us under such an absolute aegyptian bondage and tyranny , without any hope of future deliverance from it , which some now endeavour * to entaile on us and our posterities for ever , by an iron law , and yoke of steel , in stead of restoring to us that glorious freedome , which we have so long expected from them in vain . and because i finde the generality of the nobility , gentry , clergy , commonalty of our nation , after all their late years expensive bloody wars , and parliamentary disputes , for the defence and preservation of these our ancient hereditary fundamentall charters , laws , liberties , priviledges , so strangely degenerated both from themselves , and their heroick prudent ancestors , as that they are more readily inclined , upon every occasion , out of a base , unchristian , unmanly , un-english fear , or sottish cowardise and stupidity , wittingly to desert , betray , surrender them al up into the hands of any invading vs●rpers , without the least publike claim , dissertation , defence , dspute ; then diligently or couragiously to cōtend or suffer for them , of late they did : so as that which paul once taxed in the ●lavish besotted corinthians , epist . . . may be most truly averred of our degenerated , infatuated english nation : ye suffer if a man bring you into bondage , if a man de●●ur you , if a man take of you , if a man ex●lt himself ( above your laws , liberties , franchises , parliaments , kings , nobles , properties , lives , consciences , and all * that is called god , or warshipped ) if a man smite you on the face ; notwithstanding all their manifold late * protestations , vows , covenants , remonstrances , declaration● and publike engagements to the contrary . and withall , after diligent enquiry , discovering scarce one man of eminency or power in the nation , nor so much as one of my degenerated temporizing profession of the law , ( even when the * whole body of our laws , and all its professors , are violently assault●d , and devoted unto suddain ruine , by many lawlesse spirits ) who hath so much courage , magnanimity , honesty , zeal , or cordial love to his native country , remaining in his brest , as manfully to appear in publike , for the strenuous necessary defence of these our hereditary , fundamentall laws , liberties , rights , franchises , ( though their own , and every other english freemans best inheritance and security ) for fear of being persecuted , imprisoned , close imprisoned , exiled , condemned , destroyed , as a traytor , rebell , seditious person , enemy to the publike , or disturber of the kingdomes peace , by those who are truly such : i thereupon conceived , i could not undertake or performe a more necessary , seasonable , beneficiall service for my country and ingrate unworthy nation ( who are now ashamed , afraid , for the most part , to own , visit , or be seen in the company of those gallant men , much lesse to assist , defend , and stick close unto them in their dangers , according to the sixth article of their late solemn league and covenant , who have suffered , acted , and stood up most for their common liberties , rights , freedoms , religion , against all invading tyrant● , to their great discouragement and betraying : ) not pitch upon any subject more proper for me , either as a common lawyer , or as a constant advocate and sufferer for the publike cause , and liberties of the nation , as well under our late extravagant free state , as former regal and episcopal arbitrary tyranny , than in this juncture of our publike affairs , to present our whole distracted unsetled kingdome , with a legal and historical vindication , and chronological collection , in all ages , of these ancient , hereditary liberties , franchises , rights , and all those national , parliamentall , legal and martial contests , laws , charters , records , monuments of former and late times , for their confirmation and inviolable observation , which our ancestors and our selves have alwaies hitherto reputed fundamental , unalterable and inviolable , upon any pretext , and have most eagerly contended for , with the prodigal expence of many millions of treasure , and whole oceans of gallant christian english blood . and if upon the serious perusall of them , the universality of our degenerated nation , after their many solemn protestations , vows , leagues , covenants , remonstrances , inviolably to defend and maintain them , shall still so undervalue them now at last , ( as most actually have done ) as not to esteem them worth the owning , maintaining , vindicating , or perpetuating any longer ; & thereby draw upon their heads , the reall guilt of all those bloody wars , murders , tumults , violences , rapines , oppressions , sins , mischiefs , illegal taxes , excises , exorbitancies , which their many late years pretended necessary defence and preservation have brought upon our three whol nations ; let them henceforth , like so many dastardly conquered bondslaves , * bored through the ears , publikely disavow , disclaim , renounce , abjure them , for themselves and their posterities for ever , as meer worthlesse toyes , or pernicious inventions , fit onely to kindle perpetual wars and discords between king and people , head and members , superiours and inferiours ; or , as poor slender cobwebs , ( as now they prove ) able to hold none within compasse , but the very weakest flies , broken thorow with ease and impunity , by every greater fly , or armed waspe , creeping up into any power or supream authority , by right or wrong ; and swept down to the very ground , by every new broom in the hand of vpstart innovators . but if upon saddest deliberation , they shall really estimate them to be such incompatable , rich , precious jewels , and ancient inheritances , as are every way worth the infinite treasures , wars , blood , cares , consultations , troubles , heretofore and of late years expended , both to gain , retain , confirm , and perpetuate them , to them and their posterities for ever , as their principal earthly security , and beatitude ; i hope they will all then unanimously conclude with the poet , non minor est virtus quàm quaerere , parta tveri : and both by their votes and actions , return the self-same peremptory magnanimous answer to any caesar , conqueror , potentate , power , or combination of men , whatsoever , ( who shall endeavour by force , fraud , or flattery to compell or perswade them , to sell , resign , betray , or give up these their ancestrall priviledges , inheritances , birth-rights to them ) as naboth once did to king ahab , kings . . the lord forbid it us , that we should give ( sell or betray ) the inheritance of ovr fathers ( and our posterities likewise ) unto thee , or you ; though they should suffer for this answer and refusall , as much as naboth did from bloody ahab and jezebel . but whatever low price or estimate this spurious , stupid , sordid , slavish age may set upon these richest pearls ; yet for my own particular , upon serious consideration of these chronological collections , and the solemn oaths , protestations , vows , league and covenant , obliging me to defend them to the uttermost ; i value the whole nations publike , and my own ( with my cordial friends ) private interest in them , at so high a rate , that i would rather chearfully part with ten thousand lives , and all the treasures of the nation , indies , were i owner of them , then wittingly , negligently , or unworthily sell , betray , or resign them up to any mortals or powers whatsoever , upon any pretences or conditions , after all my former publications , contests , sufferings , losses , &c. for their just defence . and to the end al others might now take special notice of the inestimable value our ancestors in all ages have set upon them , and what successive wars , conflicts , they have chearfully undertaken for their preservation ; i have at vacant hours compiled this ensuing vindication and collection of the old fundamental liberties , franchises , laws of all english freemen , which i shall bequeath to my most beloved native country , in general , and every reall heroick patron of them in particular , as the best legacy i can leave behinde me , both for their present and future enfranchisment , immunity , security , from all arbitrary tyranny , slavery and yokes of bondage , under which they have a long time languished , and lamented in the bitterness of their spirits . the method i resolve herein to pursue , is this : . i shall produce some punctuall authorities of moment , to evidence , that the kingdome and freemen of england , have some ancient hereditary just rights , liberties , priviledges , franchises , laws and customs , properly called fvndamental ; and likewise a fundamental government , no wayes to be altered , undermined , subverted directly or indirectly , to the publique prejudice , under pain of highest treason in those , who shall attempt it , especially by fraud , force , or armed power . . i shall , in brief propositions , present you with the chiefest and most considerable of them , which our ancestors in former ages , and our latest real parliaments have resolved to be , and eargerly contended for , as fundamental , essentiall to their being and well-being , as a free people , kingdome , republique , unwilling to be enslaved under any yokes of tyranny , any arbitrary , 〈◊〉 positions or powers whatsoever , then give you a briefe touch of their severall late unparalelld violations , both by the edicts and actions of usurping powers . . i shall in a chronological way , tender you a large historical catalogue of national parliamental , civill and military ▪ contests , votes , declarations , ●emonstrances , oathes , vows , protestations , covenants , engagements , excommunications , confirmations , evidences , statutes , charters , writs , records , judgments and authorities in all ages , undeniably evidencing , declaring , vindicating , establishing , perpetuating these fundamental hereditary rights , liberties , priviledges , franchises , customs , laws , and abundantly manifesting the extraordinary care , industry , zeal , courage , wisdome , vigilancy of our ancestours , to defend , preserve , and perpetuate them to posterity , without the least violation or diminution . . i shall vindicate the excellency , indifferency , and leg●lity of trying all malefactors whatsoever , by juries of their ●eers , upon legal processe and indictments ; and manifest the illegallity , injustice , partiality , dangerous consequences , of admitting or introducing any other form of trials , by new. arbitrary martiall commissions , or courts of high justice , ( or rather * injustice ) inconsistent with , and destructive to the fundamental rights , liberties , priviledges , laws , franchises of the english nation , and of most dangerous president to posterity ; being set up by the greatest pretenders to publike liberty , law , and the ●heifest inveighers against arbitrary regal tyranny and power , which never publikely established such arbitrary illegal tryals and new butcheries of christian english freemen , by any law , and may fall to imitate them in future ages , by their example . each of these i intend to prosecute in distinct chapters in their order . chap. . . for the first of these : that the kingdome and freemen of england , have some ancient hereditary rights , liberties , priviledges , franchises , laws and customs , properly called fvndamental ; and likewise a fvndamentall government , no wayes to be altered , undermined , subverted , directly or indirectly , under pain of high treason in those who shall attempt it ; especially by fraud , force , or armed power . i shall confirm the first part of it , by these ensuing punctual authorities of moment , against those * traiterous late published pamphlets , which professedly deny it , and endeavour , a totall abrogation of all former lawes , to set up a new modell and body of the law , to rule us for the future , according to their pleasures . the first is , the expresse words of the great charters of the liberties of england , granted by king john , anno . in the year of his reign ; regranted and confirmed by king henry the third , in the year of his reign , and sundry times afterwards and by king edward the first , in the and years of his reign : wherein these three kings successively , by their several grand charters , under their great seals , did grant , give , and confirm , to all the nobility , is , and ever shall be , far from the thoughts and intents of all good kings , governours and parliament , who bear a sincere care and affection to the subjects of england , to alter or innovate them . . that by these ancient good laws , priviledges and customs , not only the kings regall authority , but the peoples security of lands , livings , and priviledges , ( both in general and particular ) are preserved and maintained . . that by the abolishing or altering of them , it is impossible , but that present confusion will fall upon the whol state and frame of this kingdom : which i wish all innovators and new modellers of our lawes and government would now at last lay seriously to heart , and the whole kingdome and english nation sadly consider , who have found it an experimental truth of late years , and no imaginary seigned speculation . . the third is , the remon●trance of the whole house of commons in parliament , delivered in writing to king james , in the parliament of . jacobi , anno . which begins thus : to the kings most excellent majesty . most gracious soveraign , whereas we your majesties most humble subjects , the commons assembled in parliament , having received first by message , and since by speech from your majesty , a command of restraint , from debating in parliament your majesties right of imposing upon your subjects goods exported out of , or imported into this realm , yet allowing us to examine the grievance of these impositions , in regard of quantity , time , and other circumstances of disproportion thereto incident : we your humble subjects nothing doubting , but that your majesty had no intent by that command , to infring the ancient and fundamentall rights of the liberty of parliament , in point of exact discussing of all matters concerning them and their possessions , goods , and rights whatsoever : which yet we cannot but conceive to be done in effect by this command ; do with all humble duty make this remonstr●nce to your majesty . first , we hold it an ancient , general and undoubted right of parliament , to debate freely all matters , which do properly concern the subject and his right or estate : which freedome of debate being once fore-closed , the essence of the liberty of parliament is withall dissolved , &c. here the whole house of commons , in a speciall remonstrance to king james , ( printed and published by order of a committee of the house of commons for licensing of books , dated maii . caroli . ) declare , resolve , vindicate and maintain , one principal , ancient , fundamentall , general , undoubed right of the liberty of parliament , against the kings intrenchment on it : of which should they be but once fore closed , the essence of the liberty of parliament is withall dissolved . and peradventure it may not be unworthy the most serious disquisition of the next ensuing nominal or real parliament , to examine , whether some clauses and restrictions in the . . . , . . . , . . . , . , , , , . articles ( or strings ) of the new instrument intituled , the government of the common-wealth of england , scotland , and ireland , and the dominions thereunto belonging ; as it was publikely declared at westminster the . day of december , &c. do not as much , nay far more intrench upon the ancient fundamental , general undoubted rights and liberty of parliament , and parliamentary free debates , to the dissolution of the essential liberty of all future parliaments , as this command of king james did , or as the bishops late canons , imposed on the clergy in and by the convocation , anno . ever did ; and this clause in their , &c. oath then made , ( now * imitated by others , who condemned it ) i. a. b. do swear , that i will never give my consent to alter the government of this church , by arch-bishops , bishops , deans and arch-deacons , &c. as it stands now established , and as by right it ought to stand . which clause and oath imposed onely on the clergy-men . resolved by the whole house of commons and peers too , in parliament , without one dissenting voice , december . . to be a most dangerous & illegal oath , contrary to the rights and priviledges of parliament , and to the fundamental laws and statutes of the realu● , &c. and of dangerous consequence : the contriving whereof was objected to the late archbishop of caterbury , in his original articles of high treason , for which amongst other things he lost his head . the fourth is the notable petition of grievances of the whole house of commons in parliament , presented to king james in the seventh year of his reign , after their vote against his right , to levy impositions on goods imported , or exported , without assent and grant of parliament , in these ensuing words . the policy of this your majesties kingdomes , appropriates unto the kings of this realm , with assent of parliament , as well the soveraign power of making laws , as that of taxing or imposing upon the subjects goods or merchandises , wherein they have justly such a property , as may not without their consent be altered or changed : this is the cause , that the people of this kingdome , as they have * ever shewed themselves faithfull and loving to their kings , and ready to aid them in all just occasions , with voluntary contributions : so have they been * ever careful to preserve their own liberties and rights , * when any thing hath been done to prejudice or impeach the same . and therefore when their princes , either occasioned by war , or by their own bounty , or by any other necessity , have without consent of parliament set on impositions , either within the land , or upon commodities exported or imported by the merchants , they have in open parliament complained of it , in that it was done without their consents , and thereupon * never failed to obtain a speedy and full redresse , without any claim made by the kings , of any power or prerogative in that point . and though the law of property be original , and carefully preserved by the common laws of this real , which are as ancient as the kingdome it self , yet those famous kings , for the better contentment and assurance of their loving subjects , agreed , that this old fundamental right ( observe the words ) should be further declared , and established by acts of parliament , wherein it is provided , that no such charge shall ever be laid upon the people , without their common consents , as may appear , by sundry records of former times . we therefore your majesties most humble commons assembled in parliament * following the example of this worthy care of our ancestors , and out of our duty to those for whom we serve , finding that your majesty , without advice of your lords and commons , hath lately ( in times of peace ) set both greater impositions , and farre more in number , than any your noble ancestors did ever in time of warre , do with all humility present this most just and necessary petition unto your majesty , that all impositions set withovt assent in parliament , may be qvite abolished and taken away . and that your majesty likewise , in imitation of your royal progenitors , will be pleased , that a law in your time , and during this session of parliament , may be also made , to declare , that all imposition of any kinde , set , or to be set upon your people , their goods or merchandises , save onely by common consent in parliament , are and shall b● void ; wherein your majesty shall not onely give your subjects great satisfaction in point of their right ; but also bring exceeding joy and comfort to them , who now suffer partly through the abating of the price of native commodities , and partly through the raising of all forraign , to the overthrow of merchants , and shipping , the causing of general dearth , and decay of all wealth among your people ; who will be thereby no lesse discouraged , than disabled to supply your majesty when occasion shall require . in which memorable petition , the whole house of commons resolve in direct terms : . that the subjects of england have old original fundamental rights ( and more particularly ) in the property of their goods , exempted from all impositions whatsoever , in times of peace or war , without their common consent in parliament ; declared and established both by the ancient and common law of england and sundry acts of parliament , and records , of former times . . they declare , the constant vigilant care , zeal of our ancestors and former parliaments in all ages , inviolably to maintain , defend , preserve the same , against all enchroachments , together with their own care , duty and vigilancy in this kind in that very parliament . . they relate the readinesse of our kings to ratifie these their fundamental rights by new acts of parliament , when they have been violated in any kinde . . they declare the benefit accruing both to prince and people , by the inviolable preservation and establishment of this old fundamental right , and the mischiefs accruing to both by the infringment thereof , by arbitrary illegall impositions , without full consent in parliament . . they earnestly ( in point of conscience , prudence , and duty to those for whom they served ) petition his majesty , for a new law and declaration , against all new impositions and taxes on inland goods , or merchandises imported or exported , without the peoples free consent in parliament , as null , void , utterly to be abolished and taken away : whether it will not be absolutely necessary for the whole english nation , and the next ensuing national , or reall parliament , to prosecute , enact , establish such a declaration and law against all such former and future arbitrary , illegal , oppressive taxes , impositions , excises , that have been imposed and continued for many years together on the whole kingdome , by * new extravagant , self-created , usurping army-officers , and other powers , without free and full consent of the people in lawfull english parliaments , against all former laws , declarations and resolutions in parliaments , to their great oppression , enslaving , undoing , in far greater proportions , multiplicity , and variety , than ever in former ages , without the least intermission ; and likewise against their late declared designe , to perpetuate them on our exhausted nation , without alteration or diminution , ( beyond and against all presidents of former ages ) both in times of peace and war , for the future , by the , , , , . articles of the instrument entituled , the government of the common-wealth of england , &c. i remit to their most serious considerations to determine , if ever they resolve to be english freemen again , or to imitate the wisdome , prudence , zeal , courage and laudable examples of their worthy ancestors , from which they cannot now degenerate without the greatest infamy , and enslaving of themselves with their posterities for ever , to the arbitrary wils of present or future vsurpers on their fundamental rights and liberties , in an higher degree then ever in any precedent ages , under the greatest conquerours or kings , after all their late , costly , bloody wars , for their defence against the beheaded king. the fifth is , a learned and necessary argument made in the commons house of parliament , anno . jacobi , to prove , that each subject hath a property in his goods ; shewing also , the extent of the kings prerogative in impositions upon the goods of merchants , exported or imported , &c. by a late learned judge of this kingdome , printed at london by richard bishop , . and ordered to be published in print , at a committee appointed by the honorable house of commons , for examination and licensing of books , . maii . in which parliamentary argument , p. . . . i finde these direct passages : that the new impositions contained in the book of rates , imposed on merchandizes , imported and exported by the kings prerogative , and letters patents , without consent in parliament , is against the natural frame and constitution of the policy of this kingdome , which is , jvs pvblicvm regni , and so svbverteth the fundamental law of the realm , and introduceth a new form of state and government : can any man give me a reason , why the king can only in parliament make laws ? no man ever read any law , whereby it was so ordained ; and yet no man ever read , that * any king practised the contrary ; therefore it is the original right of the kingdome , and the very natural constitution of our state and policy , being one of the highest rights of soveraign power . if the king alone out of parliament may impose , * he altereth the law of england in one of these two main fundamental points ; he must either take the subjects goods from them , without assent of the party , which is against the law , or else he must give his own letters patents the force of a law , to alter the property of the subjects goods , which is also against the law. in this and sundry other arguments ( touching the right of impositions ) in the commons house of parliament by the members of it , arguing against them , it was frequently averred , and at last voted and resolved by the house , . jacobi . that such impositions without consent in parliament , were * against the original fvndamental laws and property of the svbject , and original right , frame and constitution of the kingdome ; as the notes and journals of that parliament evidence : an expresse parliamentary resolution in point , for what i here assert . . the sixth is , a conference desired by the lords , and had by a committee of both houses , concerning the rights and priviledges of the subject . . aprilis . caroli . entered in the parliament journal of . caroli , and since printed at london . in the introduction to which conference , sir dudley digs by the commons house order , used these expressions : my good lords , whilest we the commons , out of our good affections , were seeking for money , we found , i cannot say a ●ook of the law , but many a fvndamental point thereof neglected and broken , which hath occasioned our desire of this conference : wherein i am first commanded to shew unto your lordships in general : that the laws of england are grounded on reason more ancient than books , consisting much in unwritten customs ; yet so full of justice and true equity , that your most honorable predecessors and ancestors propugned them with , a * nolvmvs mvtari ; and so ancient , that from the saxons dayes , notwithstanding the injuries and ruines of time , they have continued in most parts the same , &c. be pleased then to know , that it is an undoubted and fundamentall point of this so ancient common law of england , that the subject hath a true property in his goods and possessions , which doth preserve as sacred , that mevm and tvvm , that is the nurse of industry , and the mother of courage , and without which , there can be no justice , of which mevm and tvvm is the proper object : but the vndovbted birth-right of free svbjects , hath lately not a little been invaded and prejudiced by pressures , the more grievous , because they have been pursued by imprisonment , contrary to the franchises of this land , &c. which the commons house proved by many statutes and records in all ages , in that conference , to the full satisfaction of the lords house ; since published in print . . the seventh is , the vote the * whole house of commons , . december . nullo contradicente , entered in their journall , and printed in diurnall occurrences , page . that the canons made in the convocation ( anno . ) are against the fundamental laws of the realm , the property and liberty of the subject , the right of parliament , and containe diverse things tending to faction and sedition . seconded in their remonstrances of . december . . the eight authority is , * the votes of both houses of parliament , concerning the security of the kingdome of england and dominion of wales , . martii . ordered by the lords and commons in parliament to be forthwith printed and published ( as they were then by themselves , and afterwards with other votes and orders ) resolved upon the question , nemine ▪ contradicente ; that in case of extream danger , and his majesties refusall , the ordinance agreed on by both houses for the militia ( to secure the houses , members and priviledges of parliament and kingdome against armed-violence , since brought upon them by the militia of the army ) doth obliege the people , and ought to be obeyed , by the fundamental laws of this kingdome . a very vain and delusory vote , if there be no such law , as some now affirm . . the nineth punctuall authority is , * a second declaration of the lords and commons assembled in parliament , concerning the commission of array ; printed by their speciall order of . january . wherein are these observable passages , the main drift of all the answer is to maintain , that the king by the common law may grant such a commission of array , as this is , upon this ground , because it s for the defence of the kingdome : and , that the power , which he hath to grant it by the common law , is not taken away by the petition of right , or any former statute , but the king notwithstanding any of them , may charge the subject for defence of the kingdome ; so as the charge imposed come not to himself , nor to his particular advantage . these grounds thus laid , extend not to the commission of array alone , but to all other charges that his ma●esty shall impose upon his subjects , upon pretence of defence of the kingdome ; for there is the same reason of law for any other charge that is pretended for defence , as for this . if his majesty by the common law may charge his subjects to finde arms , and other things in the commission enjoyned , because they are for defence of the kingdom ; by the same reason of law , he may command his people to build castles , forts and bulwarks , and after to maintain them with garrisons , arms , and victuals , at their own charges : and by the same reason he may compel his subjects to finde ships , and furnish them with men , ammunition and victuals , and to finde souldiers pay , * coat and conduct money ; provide victuals for souldiers , and all other things necessary for an army ; these things being as necessary for defence , as any thing that can be done in execution of this commission . and for that exposition of the petition of right and other statutes therein noted ( if it should hold ) doth it not overthrow , as well the petition it self , at all other laws that have been made for the subjects benefit against taxes and other charges , either 〈…〉 or any other parliaments ? these positions thus laid down and maintained , do shake the fundamental laws of the kingdome ( the ancient birth right of every subject ) both for the property of his goods , and liberty of his person : nay , they strike at the root of parliaments : what need his * majesty call parliaments , to provide for defence of the realm , when himself may compell his subjects to defend it without parliaments ? if these grounds should hold , what need the subjects grant subsidies in parliament for defence of the kingdome in time of reall danger , if the king for defence at any times , when he shall onely conceive or pretend danger , may impose charges upon his subjects without their consent in parliament ? upon that which hath been said in this and our former declaration , we doubt not but all indifferent men will be satisfied , that this commission of array , is full of danger , and inconvenience to the subjects of england , and against the fundamental● lawes of the land , both for property of goods , and liberty of person , &c. as it is against the fundamental laws of the realm , so no statute makes it good , &c. and the lords and commons do upon the whole matter here conclude , that they are very much aggrieved , that after so many declarations and solemn protestations made by his majesty to rule by the known laws of this land , his majesty by advice of his ill councellors should be perswaded to set such a commission on foot , which is so clearly contrary to the fundamental laws of this land , the rights of property , and liberty of the subject , contrary to former resolutions of parliament , and to the petition of right . i am certain , the generality of the nation are now as much and more agrieved , that some , who were parties to this declaration , and others , who have made as many or more declarations & protestations as his majesty ever did , to rule by the known laws of the land ; should since this , far exceed his majesty in the like , nay greater , more exorbitances in the militia , excises , taxes , impositions , imprisonments arbitrary extravagant proceedings , capital executions in new erected courts of injustice , and whole volumes of new binding ordinances , as they term them , and their ill-sounding instrument , obliging all our three nations , both for the present & all future ages , in * their intention ; as diametrically contrary as the kings commissions of array , to the fundamentall laws of the land ( four times together so stiled and insisted on , as such , in this one declaration of both houses ) the right of property of the subject , contrary to former resolutions , and the petition of right ; yea ( which is most abominable ) to their own declarations , remonstrances , votes , protestations , vows , solemne leagues and covenants in parliament , to their own eternall infamy , as well as the peoples intolerable oppression and slavery ; who thereupon may justly conclude and protest against them , as both houses did in the close of this declaration against the array , viz. * and the lords and commons do and shall adhere to their former votes & resolutions , that all those that are actors in putting of this commission of array ( these instruments , ordinances new taxes , imposts , excises ) in execution , shall be esteemed disturbers of the peace of the kingdome , and of the properties and liberties of the subject . . the tenth evidence is , * the vote and letter of both houses of parliament sent to his majesty at oxford , . march . in answer to his majesties , of the third of march ▪ and wherein there is this passage : we the lords and commons assembled in the parliament of england , &c. have resolved , with the concurrent advice and consent of the commissioners of scotland , to represent to your majesty in all humility and plainnesse as followeth ; that this present parliament convened , according to the known and * fundamental laws of the kingdome ( the continuance whereof is established by a law consented to by your majesty ) is in effect denied to be a parliament , &c. and hereupon we think our selves bound to let your majesty know ; that since the * continuance of this parliament is settled by a law , ( which as all other laws of your kingdome , your majesty is sworn to maintain , as we are sworn to our allegiance to your majesty ; those obligations being reciprocall ) we must in duty , and accordingly are resolved , with our lives and fortunes , to defend and preserve the ●ust rights and full power of this parliament : to which the earle of essex ( then general ) by both houses order , in his letter to the earle of forth january . . adds this corolary . my lord , the main●enance of the parliament of england , and the priviledges thereof , is that for which we are resolved to spend our bloud , as being the fovndation whereon all ovr laws and liberties are bvilt : which both the lords and commons assembled in parliament , in their declaration . march . touching their proceedings upon his majesties letter , concerning a treaty of peace ; ( wherein this earls former letter is recited ) thus second : the parliament of england is the onely basis , the chief support and pillar of our laws and liberties , &c. and if notwithstanding all these obligations , the king shall at his pleasure dissolve this parliament , the kingdome is not onely deprived of the present , but made uncapable of enjoying the benefit of any future parliament , or laws , any longer than shall stand with the will and pleasure of the king : and consequently the fundamentals of all our laws and government are subverted . let the parliament-purging , securing , sequestring , dissolving officers army , and their confederates , seriously ponder this , yea let all the whole english nation and their trustees who shall hereafter sit in parliament , consider and reform it in the first place , if ever they expect any freedome , free parliaments , peace , settlement , enjoyment of their fundamental laws , rights , or liberties for the future , depending on our parliaments freedome , and exemption from all force and violence on its members . the eleventh is , the * ordinance of both houses of parliament , . junii . for the forces raised in the county of salop , which begins thus : the lords and commons assembled in parliament , taking into their serious considerations , the great oppressions under which the inhabitants of the county of salop lie , by reason the insupportable taxes , &c. and the present condition of the county , by reason of the great number of irish rebels that have invaded it , and joyned with papists and other ill affected persons , now in those parts , which threaten the extirpation of the protestant religion , and the subversion of the fundamental laws and government of the kingdom . for prevention whereof , &c. a direct ordinance in point . the twelfth is , * a declaration of the commons of england , assembled in parliament , . aprilis . of their true intentions concerning the ancient and fundamental government of the kingdome , securing the people against all arbitrary government , &c. wherein they complain , that the enemy being in dispair to accomplish his designes by war , do mis-represent our intentions in the use we intend to make of the great successes god hath given us , and the happy opportunity to settle peace and truth in the three kingdomes ; to beget a belief that we now desire to exc●ed , or swerve from our first aym's and principles in the undertaking of this war , and to recede from the solemn league and covenant , and treaties between the two kingdomes ; and that we would prolong these uncomfortable troubles , and bleeding distractions , in * order to alter the fundamental constitution and frame of this kingdome , to leave all government in the church loose and unsettled , and ourselves to exercise the same arbitrary power over the persons and estates of the svbjects , which this present parliament hath thought fit to abolish , by taking away the star-chamber , high-commission , and other arbitrary courts , and the exorbitant power of the council table , ( all which we have seen experimentally verified in every particular , in the highest degree , notwithstanding this declaration , by some in late and present power , and new white-hall council tables , exceeding the old in illegal taxes , law-making , and other extravagances : ) all which being seriously considered by us , &c. we do declare , that our true and real intentions are , and our endeavour shall be , to settle religion in the purity thereof , * to maintain the ancient and fundamentall government of this kingdome , to preserve the rights and liberties of the subject ; to lay hold on the first opportunity of procuring a safe and well grounded peace in the three kingdoms , and to keep a good understanding between the two kingdomes of england and scotland , according to the grounds expressed in the solemn league and covenant : and lest these generals should not give a sufficient satisfaction , we have thought fit , to the end men might no longer be abused in a misbelief of our intentions , or a misunderstanding of our actions , to make a further enlargement upon the particulars . and first , concerning church-government , &c. because we cannot consent to the granting of an arbitrary and unlicensed power and jurisdiction , to neer ten thousand judicatories to be erected within this kingdome , and this demanded in such a way , as is not consistent with the fvndamental laws and government of the same , &c. our full resolutions still are , sincerely , really and constantly to endeavour the reformation of religion in the kingdome of england and ireland , in doctrine , worship , and government , according to the word of god , and the example of the best reformed churches , and according to the covenant . we are * so farre from altering the fundamental government of this kingdome by king , lords and commons , that we have onely desired , that with the consent of the king , such power may be settled in the two hovses , without which we can have no assurance , but that the like , or greater mischiefs than those which god hath hither to dilivered us from , may break out again , and engage us in a second and more destructive war ; whereby it plainly appears , our intentions are not to change the antient frame of government within this kingdome , but to obtain the end of the primitive institution of all government , the safety and weal of the people ; not judging it wise or safe , after so bitter experience of the bloody consequence of a * pretended power of the militia in the king , to leave any colourable authority in the same , for the future attempts of introducing an arbitrary government over this nation . we do declare , that we will not , nor any by colour of any authority derived from us , shall interrupt the * ordinary course of justice , in the severall courts of judicatories of this kingdome , nor intermeddle in the cases of private interest other where determinable , unlesse it be in case of male-administration of justice ; wherein we shall see and provide , that right be done , and punishment inflicted , as there shall be occasion , according to the laws of the kingdome . lastly , whereas both nations have entred into a solemn ▪ league and covenant ; we have , and ever shall be very carefull duly to observe the same : that as nothing hath been done , so nothing shall be done by us repugnant to the true meaning and intention thereof , &c. who will not depart from those grounds and principles , upon which it was framed and founded . though the generality of the ( afterwards , ) secured and secluded majority of the house of commons , endeavoured constantly to make good this declaration in all particulars ; yet how desperatly the garbled minority thereof , continuing in power after their seclusion , prevaricated , apostatized , and falsified their faith herein in every particle , in the highest degree , we cannot but with greatest grief of heart , and detestation remember , to the subversion , ruine of our king , lords , commons , kingdome , parliaments , fundamentall laws , government , and the peoples liberties , &c. almost beyond all hopes of restitution or reparation in humane probability , without a miracle from heaven . the lord give them grace most seriously to consider repent of , and really , sincerely reform it now at last , and to make it the principle subject of their prescribed publike humiliations , fasts and lamentations , as god himself prescribes ; isa . . , , , . jer. . . to . ezech. . . . hos . . , . and not still to adde drunkennesse to thirst , lest they bring them to temporall and eternal condemnation for it in gods own due time , and engender endlesse wars , troubles , taxes , changes , confusions in our kingdomes , as they have hitherto done and will do till all be restored to their just rights , powers , places , possessions and liberties . by this full jury of parliamentary authorities , to omit many others , of * like , or * inferiour nature , and lesse moment , it is undeniable : that the people of england , have both ancient fundamentall rights , liberties , franchises , laws , and a fundamental government , which like the laws of the medes and persians , neither may nor ought to be altered , or innovated upon any pretence , but perpetually maintained , defended , with greatest care , vigilancy , resolution ; and he who shall deny or oppugn it , deser●●s no refulation by further arguments , since it is a received maxime in all arts , contra principia negantem non est disputandum ; but rather demerits a sentence of condemnation and publike execution at tyburn , as a common enemy , traitor to our laws , liberties , nation ; it being no lesse than a transcendent crime , and high treason by our laws , for any person or persons , secretly or openly , to attempt the undermining or subversion of our fundamental laws , rights , liberties , government , especially by fraud , treachery , force or armed power and violence ( the later part of my first proposal ) which i shall now confirm by these twelve following presidents and evidences , corroborating likewise the former part , that we have such fundamental laws , liberties , rights , franchises , and a fundamental government too . in the * fifth year of king richard the second , the vulgar rabble of people and villains , in kent , essex , sussex , norfolk , cambridge-shire and other counties , under the conduct of wat tyler , jack straw and other rebels , assembling together in great multitudes ( occasioned at first by the new invented tax of poll-money , granted by parliament , and the over-rigorous levying thereof , on the people , by the kings officers ( though nothing so grievous as our excises , contributions , & new imposts now , so long exacted without any legal grant in true , free and full english parliaments ) resolved by force and violence , to abrogate the law of villenage , with all other laws they disliked , formerly setled ; to burn all the records , kill and behead all the judges , justices , and men of law of all sorts , which they could get into their hands ; to burn and destroy the inns of court , ( as they did then the new temple , where the apprentices of the law lodged , burning their monuments and records of law there found ) to alter the tenures of lands , to devise new laws of their own , by which the subjects should be governed : to change the ancient hereditary monarchicall government of the realm , and to erect petty elective tyrannies and kingdomes to themselves in every shire : ( a project eagerly prosecuted by some anarchicall anabaptists , jesuits , levellers , very lately ) and though withall they intended to destroy the king at last , and all the nobles too , when they had gotten sufficient power ; yet at first to cloak their intentions from the people , they took an oath of all they met ; quod regi & communibus fidelitatem servarent ; that they should keep allegiance and faith to the king & commons : yea , wat tyler demanded a commission from the king , to behead all lawyers , escheaters , and others whatsoever that were learned in the laws , or communicated with the law by reason of their office , conceiving in his minde , that this being brought to passe , all things afterwards would be ordered according to his own and the common peoples fancy . and he made his vaunt , putting his hand to his own lips ; that before scure dayes came to an end , all the laws of england should proceed from his mouth . ( which some of late times seem to speak not only in words , but deeds , by their manifold new laws and edicts , repealing or contradicting our old ) this their resolution and attempt thus to alter and subvert the laws and government , upon full debate in the parliament of . r. . n. . . was declared to be high-treason against the king and the law , for which divers of the chief actors in this treasonable designe , were condemned and executed , as traitors , in severall places ; and the rest enforced to a publike submission , & then pardoned . let these imitators now remember this old president . . in the * parliament of . r. . ( as appears by the parliament rols and printed statutes at large ) three privy councellours , the archbishop of york , the duke of ireland , and the earl of suffolk , the bishop of exeter , the kings confessor , five knights , six judges ( whereof sir robert tresylian chief justice was one ) blake , of the kings councel at law , vsk , and others , were impeached and condemned of high treason , some of them executed as traitors , the rest banished , their lands and goods forfeited , and none to endeavour to procure their pardon , under pain of felony ; for their endeavouring to overthrow a commission for the good of the kingdome , contrary to an act of parliament , by force of arms , and opinions in law delivered by these temporizing judges and lawyers , to the king , ( through threats and terrour at nottingham castle ) tending to subvert the laws and statutes of the realm , overthrow the power , priviledges and proceedings of parliament , and betray ( not * all the house of lords , but only ) some of the lords of parliament . which judgement being afterwards reversed in the forced and packed parliament of . r. . was reconfirmed in the parliament of h. . c. , , . and the parliament of . r. . totally repealed , and adnulled for ever , and hath so continued . read statut. at large . . in the * parliament of r. . n. . and pas . r. . b. regis rot. . sir thomas talbot was accused and found guilty of high treason , for conspiring the death of the dukes of glocester , lancaster , and other peers , who maintained the commission confirmed by act of parliament , . r. and assembling people in a warlike manner in the county of chester , for effecting of it , in destruction of the estates of the realm ; and the laws of the kingdome . . in the * . year of king henry the sixth , jack cade , under a pretence to reform , alter and abrogate some laws , purveyances and extortions importable to the commons whereupon he was called john amend all ) drew a great multitude of kentish people to black-heath , in a warlike manner , to effect it : in the parliament of h. . c. this was adjudged high treason in him and his complices , by act of parliament : and the parliament of . h. . c. . made this memorable act against him , and his imitators in succeding ages ; worthy serious perusal and consideration by all , who tread in his footsteps , and over-act him in his treasons . whereas the most abominable tyrant , horrible , odious , and errant false traytor , john cade , calling himself sometimes mortimer , sometime captain of kent , ( which name , fame , acts and feats , be to be removed out of the speech and minde of every faithfull christian man perpetually ) falsly and traiterously purposing and imagining the perpetuall destruction of the kings person and final svbversion of this realm , taking upon him * royall power , and gathering to him the kings people in great number , by false svbtil , imagined langvage : and seditiously made a stirring rebellion , and insurrection , vnder colovr of jvstice , for reformation of the laws of the said king , robbing , slaying , spoiling a great part of his faithfull people : our said soveraign lord the king , considering the premises , with many other , which were more odious to remember , by advice and assent of the lords spiritual and temporal , and at the request of the commons , and by authority aforesaid , hath ordained and established , that the said john cade shall be had , named and declared , a false traytor , to our said soveraign lord the king ; and that all his tyranny , acts , feats , & false opinions , shall be voided , abated , adnulled , destroyed , and put out of remembrance for ever . and that all indictments , and things depending thereof , had and made under the power of tyranny , shall likewise be void , adnulled , abated , repealed , and holden for none : and that the blood of none of them be defiled , nor corrupted , but by the authority of the said parliament clearly declared for ever . and that all indictments in time coming , in like case , under power of tyranny , rebellion and stirring had , shall be of no regard or effect , but void in law : and all the petitions * delivered to the said king in his last parliament holden at westminster , the sixth day of november the . of his reign , against his minde , by him not agreed , shall be taken and put in oblivion , out of remembrance , undone , voided , adnulled and destroyed for ever , as a thing purposed against god and his conscience , and against his royal estate and preheminence , and also dishonorable and unreasonable . . in the * year of king henry the . william bell , and thomas lacy , in the county of kent , conspired with thomas cheney ( the hermite of the queen of fairies ) to over throw the laws and customs of the realm : for effecting whereof , they with more met together , and concluded upon a course of raising greater forces in kent , and the adjacent shires ; this was judged high treason , and some of them executed as traitors . moreover , it * was resolved by all the judges of england , in the reign of henry . . that an insurrection against the statute of laborers , or for the inhansing of salaries and wages , or against any statute , or to remove councellors , or to any other end pretending reformation of their own heads , was treason , and a levying war against the king , becavse it was generally against the kings law , and the offenders took upon them the reformation thereof , which subjects by gathering of power ought not to do . . on * december . in the . year of king henry the . sr. thomas moore , lord chancellour of england , with fourteen more lords of the privy councel , john fitz-james , chief justice of england , and sir anthony fitz-herbert , herbert , one of the judges of the common pleas , exhibited sundry articles of impeachment to king henry the . against cardinal wolsey : that he had by divers and many sundry wayes and fashions , committed high treason , and notable grievous offences , by misusing altering and subverting of his graces laws , and otherwise , contrary to his high honour , prerogative , crown , estate , and dignity royal ; to the inestimable great hinderance , diminution and decay of the universal wealth of this his graces realm . the articles are . in number , the , , , , , : , . contain , his illegal arbitrary practises and proceedings to the subversion of the due course and order of his graces laws , to the undoing of a great number of his loving people . whereupon they pray . please therefore your mostexcellent majesty of your excellent goodnesse towards the weal of this your realm , and subjects of the same , to set such order and direction upon the said lord cardinal , as may be to terrible example of other , to beware to offend your grace , and your laws hereafter : and that he be so provided for , that he never have any power , jurisdiction or authority hereafter , to trouble , vex or impoverish the common-wealth of this your realm , as he hath done heretofore , to the great hurt and dammage of every man almost , high and low . his * poysoning himself prevented his legal judgement for these his practises . . the statute of . and . ed. c. , . enacts , that if any persons , to the number of twelve or more , being assembled together , shall intend , go about , practise or put in use with force and arms , unlawfully of their own authority , to change any laws made for religion , by authority of parliament , or any other laws or statutes of this realm , standing in force , or any of them ; and shall continue together by the space of an houre , being commanded by a justice of peace , mayor , sheriffe , or other officer to return : or shall by ringing of any bell , sounding of any trumpet , drumme , horn , &c. raise such a number of persons , to the intent to put any the things aforesaid in ure , it shall be high treason , and the parties executed as traytors : after this the statute of mariaec . * . enacted , that if twelve or more in manner aforesaid , shall endeavour by force to alter any of the laws or statutes of the kingdome ; the offenders shall from the time therein limited , be ad●udged onely as felons , whereas it was treason before : but this act continuing but till the next parliament , and then expiring , the offence remains treason , as formerly . . in the * . year of queen elizabeth , divers in the county of oxford consulted together to go from house to house in that county , and from thence to london and other parts , to excite them to take arms for the throwing down of inclosures throughout the realm ; nothing more was prosecuted , nor assemblies made ; yet in easter term . elizabeth , it was resolved by all the judges of england ( who met about the case ) that this was high treason , and a levying war against the queen , because it was to throw down all inclosures throughout the kingdom , to which they could pretend no right : and that the end of it was , to over throw the laws and statutes for inclosures . whereupon bradshaw and burton ( two of the principal offenders ) were condemned and executed at ainstow hill in oxfordshire , where they intended their first meeting . . to come nearer to our present times and case : in the last parliament of king charls , anno . * the whole house of commons impeached thomas earl of strafford , lord deputy of ireland , of high treason ; amongst other articles , for this crime especially ( wherein all the other centred ) that he hath treasonably endeavoured by his words , actions and counsels , to subvert the fundamentall laws and government of england and ireland , and introduce an arbitrary and tyrannical government . this the whole parliament declared and adjudged to be high treason , in and by their votes , and a special act of parliament for his attainder ; for which he was condemned , and soon after executed on tower-hill , as a traytor to the king and kingdome , may . . . the whole house of commons the same parliament , impeached * william laud arch-bishop of canterbury , of high treason ; in these very terms , february , . first , that he hath traiterously endeavoured to subvert the fundamental laws and government of this kingdome of england , and instead thereof , to introduce an arbitrary and tyrannical government against law : and he to that end hath wickedly and trayterovsly advised his majesty , that he * might at his own will and pleasure , levy and take mony of his subjects without their consent in parliament ; and this he affirmed was warrantable by the law of god. secondly , he hath for the better accomplishment of that his traiterous designe , advised and procured sermons and other discourses , to be preached , printed and published ; in which the * authority of parliaments , and the force of the laws of this kingdome have been denyed , and absolute and unlimitted power over the persons and estates of his majesties subjects maintained and defended , not onely in the king , but in himself and other bishops , against the law. thirdly , he hath by letters , messages , threats and promises , and by divers other wayes to judges , and other ministers of justice , interrupted , perverted , and at other times by means aforesaid hath endeavoured to interrupt and pervert the course of justice in his majesties courts at westminster and other courts , to the subversion of the laws of this kingdome , whereby sundry of his majesties subjects have been stopt in their just suits , deprived of their lawfull rights , and subjected to his tyrannicall will , to their ruine and destruction . fourthly , that he hath traiterously endeavoured to corrupt the other courts of justice , by advising and procuring his majesty to sell places of judicature and other offices , contrary to the laws and customes in that behalf . fifthly , that he hath traiterously caused a a book of canons to be compiled and published , without any lawfull warrant and authority in that behalf ; in which pretended canons * many matters are contained , contrary to the kings prerogative , to the fundamentall laws and statutes of this realm , to the rights of parliament , to the property and liberty of the subject , and matters tending sedition , and of dangerous consequence , and to the establishing of a vast , unlawfull presumptuous power in himself and his successors , &c. seventhly , that he hath traiterously endeavoured to alter and subvert gods true religion by law established ; and instead thereof to set up popish religion and idolatry : and to that end hath declared , and maintained in speeches and printed books , diverse popish doctrines and opinions , contrary to the articles of religion established by law . he hath urged and enjoyned divers popish and superstitious ceremonies without any warrant of law ; and hath cruelly persecuted those who have opposed the same , by corporal punishment , and imprisonments ; and most unjustly vexed others , who refused to conform thereunto by ecclesiasticall censures , excommunication , suspension , * deprivation , and degradation , contrary to the laws of this kingdome . thirteenth , he did by his own authority and power contrary * to law , procure sundry of his majesties subjects , and enforced the clergy of this kingdome to contribute towards the maintenance of the war against the scots . that to preserve himself from being questioned , for these & other his traiterous courses , he hath laboured to subvert the rights of parliament , and the ancient course of parliamentary proceedings , ( and have not the army officers and others actually done it since upon the same accompt ? ) and by false and malicious slanders to incense his majesty against parliaments . all which being proved against him at his triall , were after solemn argument by mr. samuel brown , in behalf of the commons house , proved ; and soon after adjudged , to be high treason at the common law , by both houses of parliament ; and so declared in the ordinance for his attainder : for which he was condemned and beheaded as a traitor , against the king , law and kingdom , on tower hill , january . . . in the * same parliament , december . jan. . febr. . . and july . . sir john finch , then lord keeper , chief justice bramston , judge berkley , judge crawly , chief baron davenport , baron weston , and baron trevour , were accused and impeached by the house of commons , by several articles transmitted to the lords , of high treason , for that they had traiterously and wickedly endeavoured , to subvert the fundamental laws and established government of the realm of england , and instead thereof to introd●ce an arbitrary and tyrannical government against law ; which they had declared , by traiterous and wicked words , opinions , judgements ; and more especially in this their extrajudiciall opinion , subscribed by them in the case of ship money , viz. we are of opinion , that when the good and safety of the kingdome in generall is concerned , and the whole kingdome in danger ; your majesty may by writ , under the great seal of england ( without consent in parliament ) command all your subjects of this your kingdome , at their charge to provide and furnish such a number of ships , with men , victuall and ammunition , and for such time as your majesty shall think fit for the defence and safeguard of the kingdome , from such danger and perill . and we are of opinion , that in such case , your majesty is the * sole judge both of the danger , and when , and how , the sume is to be prevented , and avoided and likewise for arguing and giving judgment accordingly , in mr. john hampdens case , in the exchequer chamber , in the point of ship money , in april : which said opinions , are destructive to the fundamental laws of the realm , * the subjects right of property , and contrary to former resolutions in parliament , and the petition of right ; as the words of their severall impeachments run . sir john fin●h fled the realm , to preserve his head on his shoulders ; some others of them died through fear , to prevent the danger , soon after their impeachments , and the rest who were lesse peccant , were put to fines . . mr. john pym , in his declaration upon the whole matter of the charge of high treason against thomas earl of strafford , aprill . . before a committee of both houses of parliament in westminster hall ; printed and published by order of the house of commons ; proves his endeavour to subvert the fundamental laws of england , and to introduce an arbitrary power ; to be high treason , and an offence very hainous in the nature , and mischievous in the effects thereof ; which ( saith he ) will best appear , if it be examined by that universall and supream law , salu● populi : the element of all laws , out of which they are derived : the end of all laws , to which they are designed , and in which they are perfected . . it is an offence comprehending all other offences . here you shall finde several treasons , murthers , rapines , oppressions , perjuries . there is in this crime , a seminary of all evils , hurtfull to a state ; and if you consider the reasons of it , it must needs be so . the law , is that which puts a difference betwixt good and evill ; betwixt just and unjust . if you take away the law , all things will fall into confusion ; every man will become a law to himself , which in the depraved condition of humane nature , must needs produce many great enormities ; * lust will become a law ; and envy will become a law ; covetousnesse and ambition will become laws ; and what dictates , what decisions such laws will produce , may easily be discerned in the late government of ireland ( and england too since this . ) the law hath a power to prevent , to restrain , to repair evils : without this all kindes of mischiefs and distempers will break in upon a state. it is the law that intitles the king to the allegiance and service of his people : it intitles the people to the protection and justice of the king , &c. the law is the boundary , the measure betwixt the kings prerogative , and the peoples liberties ; whiles these move in their orbe , they are a support and security to one another ; but if these bounds be so removed , that they enter into contestation and conflict , one of these great mischiefs must needs ensue : if the prerogative of the king overwhelm the liberty of the people , it will be turned into tyranny ; if liberty undermine the prerogative , it will turn into anarchy . the law is the safegard , the custody of all private interests : your honours , your lives , your liberties , and your estates , are all in the keeping of the law : without this , every man hath a like right to any thing : and this is the condition into which the irish were brought by the earl of strafford ; ( and the english by others who condemned him ) and the reason which he gave for it , hath more mischief than the thing it self : they are a conquered nation , ( let those who now say the same of england , as well as scotland and ireland , consider and observe what followes ) there cannot be a word more pregnant and fruitfull in treason , than that word is . there are few nations in the world , that have not been conquered , and no doubt but the conquerour may give * what laws he please to those that are conquered . but if the succeeding parts and agreements do not limit and restrain that right , what people can be secure ? england hath been conquered , and wales hath been conquered , and by this reason will be in little better case than ireland . if the king by the right of a conquerour give lawes to his people , shall not the people by the same reason be restored to the right of the conquered , to recover their liberty if they can ? what can be more hurtful , more pernicious , than such propositions as these ? . it is dangerous to the kings person : and dangerous to his crown : it is apt to cherish ambition , usurpation , and oppression in great men : and to beget sedition , discontent in the people , and both these have been , and in reason must ever be great causes of trouble and alterations to prince and state. if the histories of those eastern countries be perused , where princes order their affairs , according to the * mischievous principles of the earl of strafford , loose and absolved from all rules of government , they will be found to be frequent in combustions , full of massacres , and the tragical end of princes . if any man shall look into our own stories , in the times when the laws were most neglected , he shall finde them full of commotions , of civill distempers , whereby the kings , that then raigned , were alwaies kept in want and disresse , the people consumed with civil wars : and by such wicked counsels as these , some of our princes have been brought to such miserable ends , as * no honest heart can remember without horrour and earnest prayer , that it may never be so again . . as it is dangerous to the kings person and crown , so it is in other respects very prejudiciall to his majesty , in honour , profit and greatnesse ( which he there proves at large , as you may there read at leisure ) and yet these are the guildings and paintings , that are put upon such counsels : these are for your honour , for your service . . it is inconsistent with the peace , the wealth , the prosperity of a nation . it is destructive to justice , the mother of peace : to industry , the spring of wealth ; to valour , which is the active vertue whereby the prosperity of a nation can onely be procured , confirmed , and enlarged . it is not onely apt to take away peace , and so intangle the nation with wars , but doth corrupt peace , and pours such a malignity into it , as produceth the effects of warre : both to the * nobility and others , having as little security of their persons or estates , in this peaceable time , as if the kingdome had been under the fury and rage of warre . and as for industry and valour , who will take pains for that , which when he hath gotten is not his own ? or who fights for that wherein he hath no other interest , but such as is subject to the will of another ? &c. shall it be treason to embase the kings coyne ; though but a piece of twelve pence or six pence , and must it not needs be the effect of greater treason to * embase the spirits of his subjects , and to set a stamp and character of servitude upon them , whereby they shall be disabled to do any thing for the service of the king or common-wealth ? . in times of sudden danger , by the invasion of an enemy , it will disable his majesty to preserve himself , and his subjects from that danger : when war threatens a kingdome , by the coming of a forraign enemy , it is no time then to discontent the people , to make them weary of the present government , and more inclinable to a change . the supplies which are ●o come in this way , will be unready , uncertain ; there can be no assurance of them , no dependance upon them , either for time or proportion . and if some money be gotten in such a way , the distractions , the divisions distemper● , which this course is apt to produce , will be more prejudicial to the publike safety , than the supply can be advantagious to it . . this crime is contrary to the pact and covenant between the king and his people ; by mutuall agreement and stipulation , confirmed by oath on both sides . . it is an offence that is contrary to the ends of government . . to prevent oppressions ; to * limit and restrain the excessive power and violence of great men ; to open passages of justice with indifferency towards all . . to preserve men in their estates , to secure them in their lives and liberties . . that vertue should be cherished , and vice suppressed ; but where laws are subverted , and arbitrary , and unlimited power set up ; a way is open not onely for the security , ( as now of all heresies ) but for the advancement and incouragement of evi●l , such men as are * ●ptest for the execution and maintenance of this power , are onely capable of preferment ; and others , who will not be instruments of any unjust commands , who make conscience to do any thing against the law of the kingdome , and liberties of the subject , are not onely not passable for imployment ; but svbject to mvch jealovsie and danger . ( is not this their condition of late and present times , even in parliament members themselves , as well as others , secured , secluded , kept close prisoners perforce , for making conscience of doing nothing against the laws and liberties of the kingdom , and their oaths and covenants too ? and refusing to comply with usurping innovators in all their self-seeking extravagancies and treasons ? expertus loquor . ) . that all accidents and events , all counsels and designes should be improved for the publique good . but this arbitrary power is apt to dispose all to the maintenance of it self . ( and is it not so now ? ) . the treasons of subversion of the laws , violation of liberties can never be good or justifiable by any circumstance or occasion , being in their own nature , how specious or good soever they be pretended . he alledgeth it was a time of great necessity and danger , when such counsels were necessary , for the preservation of the state ; ( the plea since , and now used by others , who condemned him ; ) if there were any necessity it was of his own making . he by his evill counsell had brought the king ( as others the kingdome since ) into a necessity ; and by no rules of justice can be allowed to gain this advantage to his justification ; which is a great part of his offence . . as this is treason in the nature of it , so it doth exceed all other treasons in this ; that in the designe and endeavour of the authour , it was to be a constant and permanent treason ; a standing perpetual treason ; which would have been in continual act , not determined within one time or age , but transmitted to posterity , even from generation to generation . and are not * others treasons of late times such , proclaimed such , in and by their own printed papers ; and therein exceeding straffords ? . as it is odious in the nature of it , so it is odious in the judgement and estimation of the law. to * alter the setled frame and constitution of government , is treason in any estate . ( let those consider it who are guilty of it in the highest degree , beyond strafford , canterbury , or the ship mony-judges in our own state. ) the laws whereby all parts of a kingdome are preserved , should be very vain and defective , if they had not a power to secure and preserve themselves . the forfeitures inflicted for treason by our law , are of life , honour , and estate , even all that can be forfeited : and this prisoner , although he should * pay all these forfeitures , will still be a debtor to the common-wealth . nothing can be more equal , than that he should perish by the justice of the law , which he would have subverted : neither will this be a new way of blood . there are marks enough to trace this law to the very original of this kingdome . and if it hath not been put in execution , as he alledgeth , this two hundred and fourty years ; it was not for want of law , but that all that time had not bred a man * bold enough to commit such crimes as these : which is a circumstance much aggravating his offence , and making him no lesse liable to punishment : he is the * onely man , that in so long a time hath ventured upon such a treason as this . thus far mr. john pym ; in the name and by the order and authority of the whole commons house in parliament : which i wish all those , who by their words , actions counsels ( and printed publications too ) have traiterously endeavoured to subvert the fundamentall laws , liberties , government , parliaments of england and ireland , and to introduce an arbitrary and tyrannical government against law , as much as ever strafford did , yea , far out stripped him therein ( even since his execution ) in all particulars , for which he was beheaded ; would now seriously lay to heart , and speedily reform , lest they equal or exceed him in conclusion in capital punishments for the same , or endlesse hellish torments . . the next authority i shall produce in point , is , the speech and declaration of master oliver st. john , at a conference of both houses of parliament , concerning shipmoney , upon judge finches impeachment of high treason , january . . printed by the commons order , london , . wherein he thus declares the sense of the commons , p. . &c. that by the judges opinions ( * forecited ) concerning ship-mony , the fundamental laws of the realm concerning our properties and our persons are shaken : whose treasonable offence herein , he thus aggravates , page . &c. the judges , as is declared in the parliament of r. . are the executors of the statutes , and of the judgments and ordinances of parliament . they have made themselves the * executioners of them ; they have indeavoured the destruction of the fundamentals of our laws and liberties . holland in the low countries , lies under the sea : the superfices of the land , is lower than the superficies of the sea. it is capitall therefore for any man to cut the banks , because they defend the country : besides our own , even forraign authours , as comines , observes , that the statute de tallagio , and the other old laws , are the sea wals and banks , which keep the commons from the inundation of the prerogative . these * pioners have not onely undermined these banks , but have levelled them even with the ground . if one that was known to be hostis patriae , had done this , though the dammage be the same , yet the guilt is lesse ; but the conservatores riparum , the overseers intrusted with the defence of these banks , for them to destroy them ; the breach of trust aggravates , nay , alters the nature of the offence : breach of trust , though in a private person , and in the least things , is odious amongst all men : much more in a publike person , in things of great and publike concernment , because * great trust bindes the party trusted to greatest care and fidelity . it is treason in the constable of dover castle to deliver the keys to the known enemies of the kingdome : whereas if the house-keeper of a private person , deliver possession to his adversary , it is a crime scarce punishable by law. the * judges under his majesty , are the persons trusted with the laws , and in them with the lives , liberties and estates of the whole kingdome . this trust of all we have , is primarily from his majesty , and * from him delegated to the judges . his majesty at his coronation , is bound by his oath to execute justice to his people according to the lawes ; thereby to assure the people of the faithfull performance of his great trust : his majesty again , as he trusts the judges with the performance of this part of his oath ; so doth he likewise exact another oath of them , for their due execution of justice to the people , according to the laws : hereby the judges stand intrusted with this part of his majesties oath . if therefore the judges shall doe wittingly against the law , they doe not onely break their own oaths , and therein the common faith and trust of the whole kingdome ; but do as much as in them lies , asperse & blemish the sacred person of his majesty , with the odious and hatefull sin of * perjury . my lords , the hainousnesse of this offence is most legible in the * severe punishment , which former ages have inflicted upon those judges , who have broken any part of their oaths wittingly , though in things not so dangerous to the subject , as in the case in question . * sir thomas wayland , chief justice of the common pleas . e. . was attainted of felony for taking bribes , and his lands and goods forfeited , as appears in the pleas of parliament , e. . and he was banished the kingdome , as unworthy to live in the state , against which he had so much offended . sir * william thorpe chief justice of the kings bench , in edward the thirds time , having of five persons received five severall bribes , which in all amounted to one hundred pounds , was for this alone , adjudged to be hanged , and all his goods and lands forfeited : the reason of the judgment is entered in the roll , in these words . quia praedictus willielmus * thorp qui sacramentum domini regis erga populum suum habuit ad custodiendum , fregit malitiose , falsò & rebelliter , quantum in ipso fuit . there is a notable declaration in that judgement , that this judgement was not to be drawn into example , against any other officers , who should break their oaths , but onely against those , qui praedictum sacramentum fecerunt , & fregerunt , & * habent leges angliae ad custodiendum : that is , onely to the judges oaths , who have the laws intrusted unto them . this judgment was given e. . the next year in parliament e. . numb . . it was debated in parliament , whether this judgement was legall ? et nullo contradicente , it was declared , to be just and according to the law : and the * same judgement may be given in time to come upon the like occasion . this case is in point , that it is death for any jvdge wittingly to break his oath in any part of it . this oath of thorp is entred in the roll , and the same verbatim with the judges oath in edw. . and is the same which the judges now take . ( and let those who have taken the same oath , with the * oathes of supremacy and allegiance too , remember and apply this president , lest others do it for them . ) your lordships will give me leave to observe the differences between that and the case in question . . that of thorp , was onely a selling of the law by retaile , to these five persons ; for he had five severall bribes , of these five persons ; the passage of the law to the rest of the subjects , for ought appears , was free and open . but these opinions are a conveyance of the law by whole sale , and that not to , but from the subject . . in that of thorp , as to those five persons , it was not an absolute deniall of justice , it was not a damming up , but a straitning onely of the chanel . for whereas , the judges ought judicium reddere , that is , the lawes being the birth-right and inheritance of the subject , the judge when the parties in suit demand judgment , should re-dare , freely restore the right unto them ; now he doth not dare , but vendere , with hazard onely of perverting justice ; for the party that buyes the judgment , may have a good and honest cause . but these opinions , besides that , they have cost the subjects very dear , dearer than any ; nay , i think , i may truly say , than all the unjust judgments that ever have been given in this realm , witnesse the many hundred thousand pounds , which under colour of them , have been levied upon the subjects , amounting to * seven hundred thousand pounds and upwards , that have been paid unto the treasurers of the navy ( in sundry years ) besides what the subjects have been forced to pay sheriffs , sheriffs bailiff● ( and now an hundred times more to troopers , and souldiers , who forcibly levy their unlawfull contributions and excises , though adjudged high treason in straffords case , and proved such by master st. john ) and otherwise ; which altogether as is conceived , amounts not to lesse than a million ( in five years space , whereas we pay above two millions in taxes , imposts , excises , every year ) besides the infinite vexations of the subject , by suits in law , binding them over , and attendance at the councel table , taking them from their necessary imployments , in making sesses and collections , and imprisonment of their persons ( all now trebled to what then . ) i say , besides what is past , to make our miseries compleat , they have as much as in them is , made them endlesse ( as others since have done , by uncessant endlesse taxes and excises : ) for by these opinions , they have put upon themselves and their successors , an impossibility of ever doing us right again , and an incapacity upon us of demanding it so long as they continue . ( as the compilers of the late instrument , with strings , intitled , the government of the common wealth of england , &c. article , , , , , , , , , , , , , , , , , . have done , as far as they , and much beyond them . ) in that sore famine in the land of egypt , when the inhabitants were reduced to the next door to death ; ( for there they say , why should we die ? ) for bread , first they give their money , next their flocks and cattle ; last of all , their persons and lands for bread , all became pharoahs ; but by this , lex regia , there is a transaction made , not onely of our persons , but of our bread likewise , wherewith our persons should be sustained ; that was for bread , this of our bread . for since these opinions , if we have any thing at all , we are * not at all beholding to the law for it , but are wholy cast upon the mercy and goodnesse of the king . again , there the egyptians themselves , sold themselves , and all they had to the king : if ours had been so done ; if it had been so done by our own free consent in parliament , we had the lesse cause to complain . but it was done against our wils , and by those who were intrusted , and that vpon oath , with the preservation of these things for us . the laws are our forts and bulwarks of defence : if the captain of a castle , only out of fear and cowardice , and not for any compliance with the enemy , surrender it , this is treason , as was adjudged in parliament , r. . in the two cases of gomines and weston , and in the case of the lord gray , for surrendring barwick castle to the scots , in edward the thirds time , though good defence had been made by him , and that he had lost his eldest son in maintenance of the seige : and yet the losse of a castle loseth not the kingdom , onely the place and adjacent parts , with trouble to the whole . but by these opinions , there is a surrender made of all our legall defence of property : that which hath been preacht , is now judged ; that there is no meum and tuum , * between the king and people ; besides that which concerns our persons . the law is the temple , the sanctuary , whether subjects ought to run for shelter and refvge : hereby it is become templum sine numine , as as was the temple built by the roman emperour , who after he had built it , put no gods into it : we have the letter of the law still , but not the sense : we have the fabrick of the temple still , but the * dii tutelares are gone . but this is not all the case , that is , that the law now ceaseth to aid and defend us in our rights , for then possession alone were a good title , if there were no law to take it away : occupanti concederetur , & melior esset possidentis conditio : but this , though too bad , is not the worst : for besides that which is privative in these opinions , there is somewhat positive . for now the law doth not onely not defend us , but the law , it self , ( by temporizing judges and lawyers ) is made the instrument of taking all away . for whensoever * his majesty or his successors , shall be pleased to say , that the good and safety of the kingdome is concerned , and that the whole kingdome is in danger , the when , and how the same is to be prevented , makes our persons and all we have liable to bare will and pleasure . by this meanes , the sanctuary is turned into a shambles ; the forts are not slighted , that so they might neither do us good or hurt ; but they are held against us by those who ought to have held them for us , and the mouth of our own canon is turned upon our own selves : ( and that by our own military officers , souldiers and others since , as well as the ship money judges then . ) thus far master oliver st. john ( by the commons order ) whose words i thought fit thus to transcribe at large , because not only most pertinent , but seasonable for the present times ; wherein as in a looking glasse , some pretended judges and grandees , of these present and late p●st times , may behold their own faces and deformities ; and the whole nation their sad condition under them . in the residue of that printed speech , he compares the treason of the ship-money judges , and of sir robert tresylium and his complices in the of r. . ( condemned , executed for traitors by judgment in parliament , for endeavouring to subvert the laws and statutes of the realm by their illegall opinions , then delivered to king richard at nottingham castle , not out of conspiracy , but for fear of death , and corporall torments , wherewith they were menaced : ) whose offence he makes transcendent to theirs in * six particulars , as those who please may there read at leasure , being over large to transcribe . i could here inform you , that the fundamentall laws of our nation , are the same in the body politique of the realm , as the arteries , nerves , veines , are in , and to the natural body , the bark to the tree ; the foundation to the house : and therefore the cutting of them a sunder , or their subversion , must of necessity , kill , destroy , disjoyn and ruine the whole realm at once : wherefore it must be treason in the highest degree . but i shall onely subjoyn here some materiall passages , in master st. johns argument at law , concerning the attainder of high treason of thomas earle of strafford , before a committee of both houses of parliament in westminster hall , aprill . . soon after printed and published by order of the commons house : wherein p. . he lays down this position ; recited again , p. . that ( straffords ) endeavouring , to subvert the fundamentall lawes and government of england and ireland , and instead therefore to introduce a tyrannicall government against law , is treason by the common law. that treasons at the common law are not taken away by the statutes of . e. . h. . c. . mar. c. . nor any of them . the authorities , judgements , in and out of parliament , which he cites to prove it , have been already mentioned , some others he omitted ; i shall therefore but transcribe his reasons to evince it to be treason , superadded to those alledged by him against the ship mony judges . page . it is a war against the king ( let our military officers and souldiers consider it ) when intended . for alteration of the laws or government in any part of them . this is a levying war against the king ( and so treason within the statute of . e. . ) . because the king doth maintain and protect the laws in every part of them . . because they are the kings laws : he is the fountain from whence in their severall channels , they are derived to the subject . whence all our indictments run thus : trespasses laid to be done , contra pacem domini regis , &c. against the kings peace for exorbitant offences ; though not intended against the kings person ; against the king , his crown and dignity . page . in this i shall not labour at all to prove , that the endeavouring by words , counsels and actions , to subvert the fundamental laws and government of the kingdome , is treason at the common law. if there be any common law treasons at all left * nothing treason if this is not , to make a kingdome no kingdome . take the policy and government away , englands but a piece of earth , wherein so many men have their commerce and abode , without rank or distinction of men , without property in any thing further than in possession ; no law to punish the murdering or robbing one another . page , , . the horridnesse of the offence in endeavouring to overthrow the laws and present government , hath been fully opened before . the parliament is the representation of the whole kingdome , wherein the king as head , your lordships as the more noble , and the commons , the other members are * knit together in one body politique . this dissolves the arteries and ligaments that hold the body together , the laws . he that takes away the laws , takes not away the allegiance of one subject only , but of the whole kingdome . it was made treason by the statute of eliz. for her time to affirm , that the law of the realm do not binde the descent of the crown . no law , no descent at all , no laws no peerage , no ranks nor degrees of men , the same condition to all . it s treason to kill a judge upon the bench ; this kills not judicem , sed judicium . there be twelve men , but no law ; never a judge amongst them . it s felony to embezell any one of the judiciall records of the kingdome : this at once sweeps them all away and from all. it s teason to counterfeit a twenty shilling peice ; here 's a * counterfeiting of the law : we can call neither the counterfeit nor the true coyn our own . it s treason to counterfeit the great seal for an acre of land : no property is left hereby to any land at all : nothing treason now , against king or kingdome ; no law to pvnish it . my lords , if the question were asked in westminster hall , whether this were a crime punishable in the star chamber , or in the kings bench , by fine or imprisonment ? they would say , it were higher . if whether felony ? they would say , that is an offence onely against the life or goods of some one , or few persons . it would i believe be answered by the jvdges , as it was by the chief justice thirning , in the r. . that though he could not judge the case treason there before him , yet if he were a peer in parliament ; he would so adjudge it . ( and so the peers did here in straffords , and not long after in canterburies case , who both lost their heads on tower-hill . ) i have transcribed these pass●ges of mr. oliver s. john at large for five reasons . . because they were the voice and sence of the whole house of commons by his mouth ; who afterwards owned and ratified them by their special order , for their publication in print , for information and satisfaction of the whole nation , and terrour of all others , who should after that , either secretly or openly , by fraud or force , directly or indirectly , attempt the subversion of all , or any of our fundamental laws or liberties , or the alteration of our fundamental government , or setting up any arbitrary or tyrannical power , taxes , impositions , or new kinds of arbitrary judicatories , and imprisonments against these our laws and liberties . . to minde and inform all such who have not onely equalled , but transcended strafford and canterbury in these their high treasons , even since these publications , speeches , and their exemplary executions , of the hainousnesse , in excusablenesse , wilfulnesse , maliciousnesse , capitalnesse of their crimes ; which not onely the whole parliament in generality , but many of themselves , in particular , so severely prosecuted , condemned , and inexorably punished of late years in them : that so they may sadly consider , bewail , repent , reform them with all speed and diligence , as much as in them lies . and with all , i shall exhort them seriously to consider that gospel terrifying passage , ( if they have not quite sinned away all conscience , shame , christianity , religion and fear of the last judge , and judgement to come ) rom. . , , . therefore thou art inexcusable o man , whosoever thou art that judgest ; for wherein thou judgest another , thou condemnest thy self , for thov that judgest doest thov the same thing . but we are sure that the judgment of god is according to truth , against them who commit such things . and thinkest thou this , o man , that judgest them which do such things ; and doest the same , that thou shalt escape the judgment of god ? . to excite all lawyers ( especially such , who of late times have taken upon them the stile & power of judges ) to examine their consciences , actions , how far , all or any of them have been guilty , in the highest degree of these crimes and treasons , so highly aggravated , so exemplarily punished of former and later times , in corrupt , cowardly time-serving , degenerate lawyers , and judasses , rather than judges ; to the disgrace of their profession , ( now generally spoken against ) their own dishonour , infamy , reproach , the scandall of religion , which some of them have eminently professed : the prejudice and subversion of the fundamentall laws , liberties , rights , priviledges of our nation , peers , parliaments , and of the ancient fundamental government of this famous kingdome , whereof they are members : and that contrary to some of their own late judgments , sciences , consciences , votes , printed arguments , speeches , declarations , against others , even in and out of parliament ? and their own first charges in their circuits , repugnant to their later . . to instruct those jesuited anabaptists , levellers , and their factors , ( especially john canne , and the rest of the compilers , publishers , abetters of the pamphlet intituled , leiutenant colonel john lilburn , tried and east ; and other forementioned publications : ) who professedly set themselves by words , writings , counsels and overt acts to subvert both our old fundamentall ( with all other ) laws , liberties , customs , parliaments , and government , what transcendent malefactors , traitors , and enemies they are to the publique , and what capital punishments they may incurre , as well as d●merit , should they be legally prosecuted for the same ; and thereupon to advise them timely to repent of , and d●sist from such high treasonable attempts . . to clear both my self and this my seasonable defence of our fundamental laws , liberties , government , from the least suspition or shadow of faction , sedition , treason and emnity to the publique peace , weal , settlement of the nation , which those , ( and those onely ) who are most factious , and seditious , and the greatest enemies , traitors to the publique tranquility , weal , laws , liberties , government , and establishment of our kingdome ( as the premises evidence ) will be ready maliciously to asperse both me and it with , as they have done heretofore some other of my writings of this nature , with all which , they must first brand mr. st. john , mr. pym , the whole house of commons , the two last , with all other parliaments forecited , and themselves too ( from which they are so much changed and degenerated of late years ) ere they can accuse , traduce , or censure me ; who do but barely relate , apply their words and judgments in their purest times , without malice or partiality , for the whole kingdomes benefit ; security , and resettlement . to these punctual full juries of records and parliament authorities in point , i could accumulate sr. edward cook his . institutes , p. . printed and authorised by the house of commons speciall order , the last parliament . the severall speeches of m. hide , m. waller , m. pierpoint , and m. hollis , july . . at the lords bar in parliament , by order of the commons house , at the impeachment of the shipmony judges of high treason , printed in diurnal occurrences , and speeches in parliament , london , . p. , to . m. samuel browns argument at law before the lords and commons at canterburies attainder , all manifesting , their endeavouring to subvert the fundamentall laws and government of the realm , to be high treason ; with sundry other printed authorities to prove ; that we have , * fundamental laws , liberties , rights ; and a fundamental government likewise ; which ought not to be innovated , violated , or subverted upon any pretences whatsoever , by any power or prevailing faction . which fundamental rights , liberties , laws , sr. thomas fairfax , and the army under his command , by their declaration of june . . particularly promise and engage , to assert & vindicate against all arbitray power , violence , oppression , and against all particular parties or interests whatsoever , which they may doe well to remember and make good . but to avoid prolixity ( the double jury of irrefragable and punctuall authorities already produced being sufficient to satisfie the most obstinate opposites formerly contradicting it ) i shall onely adde three swaying authorities more , wherewith i shall conclude this point . the first , is a very late one , in a treatise , intituled , a * true state of the common wealth of england , scotland , and ireland , and the dominions thereunto belonging , in reference to the late established government by a lord protector and a parliament . it being the judgement of diverse persons , who throughout these late troubles , have approved themselves * faithfull to the cause and interest of god , and their country : presented to the publike , for the satisfaction of others . printed at london , . who relating the miscarriages of the last assembly at westminster ( elected , nominated by the censurers of them , the army officers onely , not the people ) use these expressions of them , page , , , , , . but on the contrary , it so fell out in a short time , that there appeared many in this assembly of very contrary principles to the interest aforesaid , which led them violently on to attempt and promote many things , the consequence whereof would have been , a subverting of the fundamentall laws of the land , the destruction of property , and an utter extinguishment of the gospel . in truth their principles led them to a pulling down all and establising nothing . so that instead of the expected settlement , they were running into further anarchy and confusion . as to the laws and civil rights of the nation , nothing would serve them , but a totall eradication of the old , and introduction of a new : and so the good old laws of england ( the guardians of our laws and fortunes ) established with prudence , and confirmed by the experience of many ages and generations : ( the preservation whereof , was a * principall ground of our late quarrell with the king ) having been once abolished , what could we have expected afterwards , but an inthroning of arbitrary power in the seat of judicature , and an exposing of our lives , our estates , our liberties , and all that is dear unto us , as a sacrifice to the boundlesse appetite of meer will and power , &c. things being at this passe , and the house ( through these proceedings ) * perfectly disjointed , it was in vain to look for a settlement of this nation from them , thus constituted : but on the contrary , nothing else could be expected ; but that the common-wealth should sink under their hands , and the great cause hitherto so happily upheld and maintained , to be for ever lost , through their preposterous management of these affairs , wherewith they had been intrusted . whereupon they justifie their dissolution , and turning them forcibly out of doores by the souldiers , with shame and infamy ; to prevent that destruction , which thereby was coming on the whole land , by this new powder treason plot , set on foot by the jesuites and anabaptists , to destroy our laws , liberties , properties , ministers , and religion it self , at one blow , and that in the very parliament house , ( where some destroyed and blowed up kings , peers and parliaments themselves , as well as lawes and parliament priviledges of late years ) where they had been constantly defended , vindicated , preserved , established in all former ages , by all trve english parliaments . the second is , * the votes of the house of commons , concerning a paper presented to them , entituled , an agreement of the people for a firm & present peace , upon grounds of common right , . november , viz. resolved upon the question , that the matters contained in these papers , are destructive to the being of parliaments , and to the fundamental government of this kingdom . resolved ; &c. that a letter be sent to the general , and those papers inclosed , together with the vote of this house upon them ; and that he be desired to examine the proceedings of this business in the army ( where it was first coyned ) and return an accompt hereof to this house . these votes were seconded soon after with these ensuing votes , entred in the commons journal , and printed by their special order , novemb. . a petition directed to the supream authority of england , the commons in parliament assembled , the humble petition of many free-born people of england , &c. was read the first and second time . resolved upon the question , that this petition is , a seditious and contemptuous avowing , and prosecution of a former petition , and paper annexed , stiled , an agreement of the people , formerly adjudged by this house , to be destructive to the being of parliaments , and fundamental government of the kingdom . resolved , &c. that thomas prince cheese-monger , and samuel chidley , bee forthwith committed prisoners to the prison of the gate-house , there to remain prisoners during the pleasure of this house , for a seditious avowing , and prosecution of a former petition and paper annexed , stiled , an agreement of the people ; formerly adjudged by this house , to be destructive to the being of parliaments , and fundamental government of the kingdom . resolved , &c. that jeremy ives , thomas taylor , and william larnar , bee forth-with committed to the prison of newgate , there to remain prisoners during the pleasure of this house , for a seditious and contemptuous avowing , and prosecution of a former petition and paper annexed , stiled , an agreement of the people ; formerly adjudged by this house , to be destructive to the being of parliaments , and fundamental government of the kingdom . resolved , &c. that a letter be prepared and sent to the general ; taking notice of his proceeding in the execution ( according to the rules of warre ) of a mutinous person ( avowing , and prosecuting this agreement in the army contrary to these votes ) at the rendezvous near ware , and to give him thanks for it ; and to desire him to prosecute that business to the bottome , and to bring such guilty persons as he shall think fit , to condign and exemplary punishment . resolved , &c. that the votes upon the petition and agreement annexed , and likewise the votes upon this petition , be forth-with printed and published . after which , by a special ordinance of both houses of parliament , decemb. . no person whatsoever , who had contrived , plotted , prosecuted , or entred into that engagement , intituled , the agreement of the people , declared to bee destructive to the being of parliaments , and fundamental government of the kingdom ; for one whole year was to be elected , chosen , or put into the office , or place of lord mayor , or alderman , sheriff , deputy of a ward , or common counselman of the city of london , or to have a voyce in the election of any such officers . all these particulars , with the capital proceedings against white , and others who fomented this agreement in the army , abundantly evidence the verity of my foresaid proposition , and the extraordinary guilt of those members and souldiers , who contrary to their own votes , ordinances , proceedings , and censures of others , have since prosecuted this , the like , or far worse agreement , to the destruction of our ancient parliaments , and their priviledges , and of the fundamental government , laws , and liberty of our nation : which i wish they would now sadly lay to heart , with that saying of augustine , approved by all sorts of divines , and a casuists ; non remittitur peccatum , nisi restituatur ablatu●● , & sciendum est , quod restitutio est in pristinum statum positio . the third , is the memorable statutes of jacobi , c. , , . & . which relating the old gunpowder treason of the jesuits and papists , and their infernal , inhuman , barbarous , detestable plot , to blow up the king , queen , prince , lords , commons , and the whole house of peers with gunpowder , when they should have been assembled in parliament , in the upper house of parliament , upon the fifth of november , in the year of our lord , . do aggravate the hainousness and transcendency thereof , by this circumstance , that it was ( as some of the principal conspirators confessed ) purposely devised and concluded to be done in the said house , that where sundry necessary and religious laws , for preservation of the church and state , were made , ( which they falsly and slanderously termed , cruel laws enacted against them , and their religion ) both place and persons should be all destroyed and blown up at once ; and by these dangerous consequences , if it had not been miraculously prevented , but taken effect ; that it would have turned to the utter ruine , overthrow , and subversion of the whole state and common-wealth of this flourishing and renowned kingdom , of gods true religion therein established by law , and of our laws and government . for which horrid treason , they were all attainted , * and then executed as traytors , and some of their heads , quarters , set upon the parliament house for terrour of others . even so let all other traytors , conspirators against , all blowers up , and subverters of our fundamental laws , liberties , government , kings , parliaments , and religion , treading presumptuously in their jesuitical footsteps , perish , o lord , * but let all them who cordially love , and strenuously maintain them against all conspirators , traytors , underminers , invaders whatsoever , be as the sun when hee goeth forth in his might ; that the land may have rest , peace , settlement again , for as many years at least , as it had before our late innovations , warres , confusions , by their restitution and re-establishment . chap. . having thus sufficiently proved , that the kingdom , and freemen of england , have some antient hereditary rights , liberties , franchises , privileges , customs , properly called fundamental , as likewise a fundamental government , no ways to bee altered , undermined , subverted , directly or indirectly , under the guilt and pain of high treason in those who attempt it , especially by fraud , force , or armed power . i shall in the second place present you in brief propositions , a summary of the chiefest and most considerable of them , which our prudent ancestors in former ages , and our latest real parliaments , have both declared to be , and eagerly contested for , as fundamental , and essential to their very being , and well being , as a free people , kingdom , republick , unwilling to be enslaved under any yorkes of tyranny , or arbitrary power : that so the whole nation may the more perspicuously know and discern them , the more strenuously contend for them , the more vigilantly watch against their violations , underminings in any kinde , by any powers or pretences whatsoever , and transmit , perpetuate them intirely to their posterities , as their best and chiefest inheritance . i shall comprise the sum and substance of them all in these ten propositions , beginning with the subjects property , which hath been most frequently , universally invaded , assaulted , undermined by our kings , and their evil instruments heretofore , and others since , and thereupon more strenuously , frequently , vigilantly maintained , fenced , regained , retained by our nobles , parliaments , and the people in all ages ( till of late years ) than any or all of the rest put together , though every of them hath been constantly defended , maintained , when impugned , or incroached upon , by our ancestors , and our selves . that * no tax , tallage , aid , subsidy , custom , contribution , loan , imposition , excise , or other assesment whatsoever , for defence of the realm by land or sea , or any other publick , ordinary , or extraordinary occasion , may or ought bee imposed , or leavied upon all or any of the freemen of england , by reason of any pretended or real danger , necessity , or other pretext , by the kings of england , or any other powers , but only with and by their common consent and grant , in a free and lawful english parliament duly summoned and elected ; except only such antient , legal ayds , as they are specially obliged to render by their tenures , charters , contracts , and the common law of england . that * no free-man of england ought to bee arrested , confined , imprisoned , or in any private castles , or remote unusual prisons , under souldiers , or other guardians , but only in usual or common gaols , under sworn responsible goalers , in the county where he lives , or is apprehended , and where his friends may freely visit and releeve him with necessaries ; and that only for some just and legal cause expressed in the writ , warrant , or process , by which he is arrested or imprisoned ; which ought to be legally executed , by known , legal , responsible sworn officers of justice , not unknown military officers , troopers , or other illegal catchpolls ; that no such free-man ought to bee denied bail , mainprise , or the benefit of an habe as corpus , or any other legal writ for his enlargement , when bailable or mainprizable by law ; nor to be detained prisoner for any real or pretended crime , not bailable by law longer than until the * next general or special gaol-delivery , held in the county where he is imprisoned ; when and where he ought to be legally tried and proceeded against , or else enlarged by the justices , without denial or delay of right and justice . and that no such free-man may , or ought to be out-lawed , exiled , condemned to any kinde of corporal punishment , loss of life or member , or otherwise destroyed or passed upon , but only by due and lawful process , indictment , and the lawful trial , verdict , and judgement of his peers , according to the good old law of the land , in some usual court of publick justice ; not by and in new illegal military , or other arbitrary judicatories , committees , or courts of high justice , unknown to our ancestors . that the ordinary * standing militia , force , and arms of the kingdom , ought to reside in the nobility , gentry , freeholders , and trained bands of the kingdom , not in mercenary officers and souldiers , receiving pay , and contributions from the people ; more apt to oppress , inslave , betray , than protect their laws , liberties , and to protract than end their warres and taxes . that no free-men of england , unless it bee by special grant and act of parliament , may or ought to be compelled , enforced , pressed , or arrayed to go forth of his own county ( much less out of the realm into forreign parts ) against his will , in times of warre or peace ; or except he be specially obliged thereto by antient tenures and charters , save only upon the sudden coming of strange enemies into the realm ; and then he is to array himself only in such sort , as he is bonnd to do by the ancient laws and customs of the kingdom still in force . that no a free-man of england may , or ought to be disinherited , disseised , dispossessed , or deprived of any inheritance , free-hold , office , liberty , custom , franchise , chattles , goods , whatsoever , without his own gift , grant , or free consent , unless it be by lawful processe , trial , and judgement of his peers , or special grant by act of parliament ; nor to be denied or delayed common right or justice in any case . that the old received government , laws , statutes , customs , priviledges , courts of justice , legal processe of the kingdom , and crown , ought not to be altered , repealed , suppressed in any sort ; nor any new form of government , law , statute , ordinance , court of judicatury , writ● , or legal proceedings , instituted , or imposed on all , or any of the free-men of england , by any person or persons , but only in and by the b kingdoms , peoples free and full precedent consent in a lawful parliament , wherein the legislative power solely resides . that parliaments ought to be duly summoned , and held , for the good and safety of the kingdom , every year , or every three years at least , or so soon as there is just occasion . that the election of all knights , citizens , and burgesses , to sit and serve in parliament ( and so of all other elective officers ) ought to be free . that c all members of parliament hereditary or elective , ought to be present , and there freely to speak and vote according to their judgements and consciences , without any over-awing guards to terrifie them ; and none to be forced , sequestered , or secluded thence by force or fraud . that all parliaments not thus duly and freely summoned , elected , freely held , but unduly packed , without due elections , or by forcible secluding , securing any of the members , or not summoning all of them to the parliament , and all acts of parliament fraudulently , or forcibly procured by indirect means d , ought to be nulled , repealed , reputed voyd , and of dangerous president . that neither the * kings , nor any subjects of the kingdom of england , may or ought to be summoned before any forreign powers or jurisdictions whatsoever out of the realm , or within the same , for any manner of right , inheritance , thing belonging to them , or offence done by them within the realm , nor tried , nor judged by them . that all subjects of the realm are e obliged by allegiance , oaths , and duty to defend their lawful kings persons , crowns , the laws , rights , and priviledges of the realm , and of parliament , against all usurpers , traytors , violence , and conspiracies . and that no subject of this realm , who according to his duty , and allegiance , shall serve his king in his warres , for the just defence of him and the land , against forreign enemies or rebels , shall lose or forfeit any thing for doing his true duty , service , and allegiance to him therein ; but utterly be discharged of all vexation , trouble , or losse . that no publick warre by land or sea ought to be made or leavied , with , or against any forreign nation : nor any publick truce or league entred into with forreign realms or states , to binde the nation , without their common advice and consent in parliament . that the kings of england , or others , cannot grant away , alien , or subject the crown , kingdom , or antient crown lands of england to any other , without their nobles and kingdoms full and free consent in parliament . that the antient honours , manors , lands , rents , revenues , inheritances , rights , and perquisits of the crown of england , originally setled thereon for the ●ase and exemption of the people from all kind of taxes , payments whatsoever ( unlesse in case of extraordinary necessity ) and for defraying all the constant , ordinary expences of the kingdome ( as the expences of the kings houshold , court , officers , judges , ambassadors , guard , garrisons , navy and the like ) ought not to be sold , alienated , given away or granted from it , to the prejudice of the crown , and burdenning of the people . and that all sales , alienations , gifts , or grants thereof , to the empairing of the publique revenue , or prejudice of the crown and people , are void in law , and ought to be resumed , and repealed by our parliaments and kings , as they have * freqeuntly been in all former ages . for the readers fuller satisfaction in each of these propositions ( some of which i must in the ensuing chapter but briefly touch for brevity sake , having elsewhere fully debated them in print , ) i shall especially recommend unto him the perusall of such tractates , and arguments formerly published , wherein each of them hath been fully discussed , which hee may peruse at his best leasure . the first of these fundamentalls , ( which i intend principally to insist on ) is fully asserted , debated , confirmed by . h. . f. . by fortescue lord chief justice , and chancellor of england , de laudibus legum angliae , dedicated by him to king henry the . f. . c. . by a learned and necessary argument against impositions in the parliament of . jacobi : by a late reverend judge , printed at london . by mr. william hakewell , in his liberty of the subject against impositions , maintained in an argument in the parliament of jacobi , printed at london . by judge crooks and judge huttons . arguments concerning ship-mony , both printed at london . by the case of ship-mony briefly discussed . london . by m. st. johns argument and speech against ship-mony , printed at london . by sir edward cook in his institutes p. . and . to . and to . by the first and second remonstrance of the lords & commons in parliament . against the commission of array . exact collection p. . to . and . to . and by my own humble remonstrance against ship-mony , london . the fourth part of the sovereign power of parliaments and kingdomes , p. . to . my legall vindication of the liberties of england , against illegall taxes &c. london . and by the records and statutes cited in the ensuing chapter , referring for the most part to the first proposition . the second , third , and fourth of them , are largely debated and confirmed by a conference desired by the lords , and had by a committee of both houses , concerning the rights and priviledges of the subject , aprilis caroli , printed at london . by sir edward cook in his institutes on magna charta , c. . p. . to . by the first & second remonstrance of the lords and commons against the commission of array , exact collection p. . and . to . by judge crooks , and judge huttons arguments against ship-mony . by sir robert cotton his posthuma p. . to . by my breviate of the prelates encroachments on the kings prerogative , and the subjects liberties , p. . my new discovery of the prelates tyranny , p. . to . and some of the ensuing statutes , and records , ch . . see h. . rot parl. n. , , , , , , ▪ . the fift and sixt of them , are fully cleared , vindicated in and by the prologues of all our councills , statutes , laws , before and since the conquest . by . h. . rot. parl. n. , , . ( an excellent full president . ) sir edward cooks institutes , ch . . mr. cromptons iurisdiction of courts , title high court of parliament . mr. st. johns speech against the ship-mony judges , p. , . my plea for the lords ; my levellers levelled ; my ardua regni ; my epistle before my speech in parliament ; my memento , my sovereign power of parliaments and kingdomes , part . , , , . my legal vindication against illegal taxes , and pretended acts of parliament , london . prynnethe member , reconciled to prynne the bar●ester , printed the same year . my historical collection of the ancient great councils and parliaments of england , london . my truth triumphing over falshood , antiquity over novel●y , london . e. . c. , e. . c. . e. . c. . h. . c. , . r. . stat. . c. . rastal tit . parliament . h. . rot. parl. n. . . . . h. . c. . h. . c. . rot. parl. n. . e. . c. . expresse in point , and some of the records hereafter transcribed . in this i shall be more sparing , because so fully confirmed in these and other treatises . the seventh , is ratified by sir edward cooks . institutes p. ▪ . institutes p. . and . report cawdries case , of the kings ecclesiasticall laws , rastals abridgement of statutes , tit , provisors , praemunire , rome , and other records and statutes in the ensuing chapter . the eight , is verified by the statutes quoted in the margin to it , and by other records in the third chapter . the ninth and tenth , are fully debated in my soveraign power of parliaments and kingdomes , par . . p. . to . part . . p. . to . and . to . touched in sir robert cottons posthuma , p. . . confirmed by sundry presidents in the next chapter . & by h. . rot. parl. n . how all and every of these fundamentall liberties , rights , franchises , laws , have been unparalledly violated , subverted , in all and every particular , of late years , beyond all presidents in the worst of former ages , even by their greatest pretended propugners , their own printed edicts , instruments , ordinances , papers , together with their illegall oppressions , taxes , excises , imposts , sequestrations , rapines , violences , unjust proceedings of all kinds , will sufficiently evidence , if compared with the premised propositions . not to insist on any fore-past illegall imposts , taxes , excises , under which the nation lately groaned , imposed on us by unparliamentary junctoes , or the army officers alone from anno to . without any real parliament by their own armed iurisdiction . i shall here instance onyl in . or particulars , relating wholly to the first proposition , being of most generall , greatest present and future concernment of all other to the whole english nation , at this very instant most intollerably oppressed , grieved by them ; directly sweeping away all their fundamentall right of property , and consequentially all their liberty of person , laws , charters , at once , and that in perpetuity , beyond all hopes of future redemption , if not timely prevented by the vniversality , body of the realm , or their trustees . the first of them is , the present imposition , and continuance of the strange , oppressive , monstrous , general high tax of excise , imposed on most native and forreign commodities throughout england , and its dominions ; which as it was a meer stranger to all our ancestors , and those now living , till within these few years ; so it was no sooner projected by some evil malignant jesuited counsellers about the late king , but it was a presently condemned , and crushed in the very shell , when first intended to be set on foot in england by king charls , ( with the advise and consent of his privie council at white-hall ) by a commission under the great seal of england , dated the last of february , caroli , issued to thirty three lords of his majesties privie council and others : which authorized , commanded them to raise monies by impositions or otherwise , as they in their wisdoms should finde most convenient ; and that only for these publike uses , the defence of the king , kingdom , people , and of the kings friends and allies beyond the seas , then in such imminent danger , that without extreamest hazard of the king , kingdom , people , kings friends and allies , it could admit of no longer delay . in which inevitable necessity , form and circumstance must rather be dispenced with than the substance lost . the commissioners being thereupon specially injoyned , to be diligent in the service , and not fail therein , as they tender his majesties honour , and the safety of the king and people . this commission was no sooner discovered , but it was presently complained of by the whole commons house , in the parliament , of caroli , and upon conference with the lords it was immediately voted , adjudged by both houses , without one dissenting voyce , to bee ( ex diamethro ) against law , and contrary to the petition of right ; after which , it was cancelled as such in the kings own presence , by his consent , order , and then sent cancelled to both houses , for their satisfaction , before ever it was put in execution , and all warrants for , and memorials of it cancelled , damned , destroyed ; the commons further urging , that the projector thereof might be found out by strict inquiry , and exemplarily pvnished ( as the parliament journal attests ) notwithstanding all the specious pretences , of inevitable necessity , imminent danger , and the defence , safety of the whole kingdom , people , king , and his forreign protestant friends and allies ( then in greater real danger , than any now appearing ) this original parliamentary doom , judgement against that new monster of excise , was ratified , approved , pressed by both houses of parliament , in the cases of ship-money , and the commission of array , as you may read at large in mr. oliver st. johns speech and declaration , delivered at a conference of both houses concerning ship-money , january , . ( printed by the commons order ) p. . to . and , the lords and commons second declaration against the commission of array . exact collection , p. , . from which they then drew this positive conclusion ( fit to be now considered by our new governours , and the whole nation ) * that to defend the kingdom in time of imminent danger , is no sufficient cavse ( for the king and his council , much less then for those who condemned , suppressed them for tyrants , and oppressors of the people ) to lay any tax or charge upon the subjects without their consent in parliament . yea the whole house of commons was so zealous against this dutch devil of excise , that in their remonstrance of the state of the kingdom , decemb , . exact collection , p. , . they expresly brand , censure , the first attempts to introduce it , for a malignant and perni●ious design , to subvert the fundamental laws and principles of government , upon which the justice of this kingdom was formerly established ; as proceeding from jesuited covnsels , being most active and prevailing ; yea , for an unjust and perniciovs attempt , to extort great payments from the subjects . which was to be accompanied ( as now it is ) with billited souldiers in all parts of the kingdom , and the concomitant of german ( as now of english ) horse , that the * land might either subject with fear , or be enforced with rigovr to such arbitrary contributions as shovld be reqvired of them . and when some rumours were first spread abroad , that the commons hovse intended to lay excise upon pew●er and other commodities ; they were so sensible of the injustice and odiousness thereof , that they thereupon published a special declaration , printed octob. . exact collection , p. . wherein they not only disclaim , renounce any such intention , but branded those reports and rumours , for false and scandalovs aspersions , raised and cast upon the house by malignant and ill-affected persons , tending much to the disservice of the parliament : and ordered , that the avthors of them should be inquired aftèr , apprehended , and brought to the house to receive condigne punishment . after which this excise being notwithstanding this disclaimer , and much publick , private opposition against it , set on foot by some swaying members ( upon a pretence of necessity for support of the army ) to the great oppression , and discontent of the people ; the generall and general council of officers and souldiers of the army themselves , were so sensible of this illegal oft-condemned new grievance , that in the heads of their proposals , and particulars of their desires , in order to the clearing and securing of the rights and liberties of the kingdom , tendred to the commissioners of parliament residing with the army , the first of august , . ( printed in their book of declarations , p. , & . published by their own , and the lords house special order ) they ●ade this one principall desire to the parliament ; that the excise may be taken off from such commodities , whereof the poor of the land do ordinarily * live , and a certain time to be limited for taking off the whole . yet notwithstanding all these judgements and out-cryes against it ; some of those very persons who thus publickly branded it , both in the parliament house and army ; by irregular paper ordinances ( as they intitle them ) dated december , . march . . and may . . have by their own self-derived supertranscendent authority , without , yea against the peoples consents , or any authority from parliament , imposed , continued excise upon our own inland , and forreign commodities , in very high proportions , from the twenty fourth of march . till the twenty fourth of march . and ( which is most observable ) prescribed it to bee levied , by putting the parties to an ( ex officio ) oath against themselves ; by fines , forfeitures , seqvestrations , and sales of the refusers , opposers , personal and real estates , disstresses , breaking up of the parties hovses , seisvres of their goods , imprisonment of the persons of all such who shall hinder or oppose the ministers , or officers imployed in levying , or distraining for the same , by locking up the doors , or otherwise . and by these their unparalleld edicts they further order , that the officers of excise , both day and night , shall be permitted free entrance into all roomes and places whatsoever they shall demand , in brewers , sope-boylers , and others houses , under pain of forfeiture of fifty pounds for every refusal ( by colour whereof all mens houses may be robbed , plundered , and their throats cut by theeves and robbers , pretending themselves excise-men , souldiers , authorised to make such searches , as many of late have been . ) and they with all their assistants shall bee kept indenspnified in all causes relating to the excise , from time to time , against all sutes or actions brought , or other molestations , against them by the parties grieved ; who are * usually fined , imprisoned , enforced to pay costs of sute , only for suing for relief ) yea ( which i cannot think of without horrour and amazement ) all covrts of justice of this common-wealth , and all judges and justices of the same , sherifs , covnsellors , atturnies , solicitors , and all other persons , are thereby expresly required , to conform themselves accordingly , ( in all things ) withovt any opposition or dispvte whatsoever ; as the precise words of their ordinance of march , . proclaim to all the nation . which declares further , that it is necessary to provide a continval svpply for the carrying on the weighty affairs of this common-wealth ovt of this revenve of excise . and do not these clauses , ( compared with the . & . articles of their instrument , ) clearly discover , a fixed resolution in these new legislators , to continue , and perpetuate upon the whole nation , this importable grievance of excise , from year to year , without intermission or end , to be leavied by the means aforesaid ? to hinder all and every the freemen of england , from endeavouring to free or exempt themselves , or their posterities from it hereafter , by any sute , action , habeas corpus , or other legal remedy in any court of justice whatsoever ? yea peremptorily , positively to prohibit , enjoyn all courts of justice , judges , justices , sheriffs , counsellours , atturnies , solicitors , with all other persons of this common-wealth , both for the present and future ages , to give them the least legal assistance , advice , or relief against the same , or against any officers , or assistants which shall forcibly l●a●ie it by distress , fines , imprisonnents , confiscation of goods , sequestrations , sales of their personal or real estates , or otherwise ? i appeal then ( in the behalf of all the freeborn people of england ) the souls and consciences of these new ordinance-makers , with all the executioners of them in any kinde , before all the tribunals of heaven and earth , whether they have not by these their dismal ordinances , more desperately , irrecoverably , totally , finally ( as much as in them lies ) undermined , subverted ; and quite blown up at once , all the foundations of our hereditary fundamentall properties , liberties , laws for eternity , and levelled them to the dust , then the worst of all our kings or former councill-tables ever did ? deprived the whole nation , and every particular free-man in it , of all future benefit of our laws , statutes and courts of justice , for their just relief against this intolerable oppression ; and thereby reduced us to the condition of the most slavish , captivated , fettered bond-slaves and conquered vassals under heaven , without any visible means or hopes of future enfranchisement , under a pretext of fighting for , maintaining , protecting , enlargeing our former properties and freedomes & to a more miserable , sordid , servile condition , than either we or our ancestors sustained under the worst of al our kings and their most pernicious counsellors ; who never in any age attempted , tither to make or impose such extravagant enslaving ordinances or excises , with such strange penalties , forfeitures , imprisonments , sequestrations , sales , & most unrighteous monstrous inhibitions of all legal suites , & means for cheirrelief in courts of justice , as they have done : king charles himself ( though condemned , beheaded by them for the worst of tyrants and oppressors ) permitting his subjects free liberty , to dispute the legality of fines for knight-hood , ship mony , tonnage , poundage , loanes , excise and other impositions not — only in his parliaments , ( where they were fully debated without restraint , and laws passed against them afterwards by his own royall assent thereto ) but likewise in all his other courts , where they were first brought in question . yet now in our n●w free state , under these greatest pretended patrons of our laws and liberties , all courts , judges , justices , and other officers must conform to these illegall impositions , and their tyrannicall waies of inforcement , without any opposition or dispute whatsoever ; and all counsellors , attornies , solicitors and others , must neither argue , nor advise , nor act . in any kinde against them . and is this the glorious old antient english liberty , freedome , property , law , and free course of justice , wee have spent so many millions of treasure , so many years of publique consultations , warres , prayers , fasts , tears , and such oceans of precious christian protestant english blood , inviolably to maintain and perpetuate to posterity ? if any free-born english men whatsoever dare publikely averre it , let them do it at the perill of their infamy , execration in all future ages , yea of their own heads and souls . if they cannot but now absolutely disavow it , let them with shame and indignation disclaim , renounce such illegall ordinances , excises , as most detestable both to god and all true-born english free men . the is , the present continuing impositions of customes tonnage and poundage upon goods , merchandizes imported and exported , without any grant thereof by parliament , by a new printed paper , entituled , an ordinance of march , . thus peremptorily imposing them without any prologue or inducement to satisfy the people either in equity or justice , much lesse in their legality in respect of those who thus impose them for sundry years yet to come . be it ordained by his highness , the lord protector , with the advise and consent of the councell , that one act of parliament ( though no * act at all by any known laws , statutes , law-books , records , customes or constitutions of the realm , bu● a meer nullity ) entituled , an act for the continuation of the customes , until the of march , , and all clauses and powers therein contained are , and are hereby continued , and shall and do stand in full force untill the day of march in the year of our lord . &c. by which these new legislators , by their own inherent superlative power , presume to impose this tax upon the whole nation , ( without any grant in parliament ) for full years space , not only contrary to the * presidents in all former kings raigns , who never claimed nor received it , but by speciall grant in parliament ; but likewise contrary to this memorable remonstrance , made by the whole house of commons in the parliament of caroli , ( never yet printed to my knowledge . ) most gracious soveraign , your majesties most loyall and dutifull subjects , ( the commons in this present parliament assembled , ) being in nothing more carefull than of the honour and prosperity , of your majesty and the kingdome , ) which they know doth much depend upon that union and relation betwixt your majesty and your people ) do with much sorrow apprehend , that by reason of the incertainty of their continuance together , the unexpected interruptions which have been cast upon them , and the shortness of time in which your majesty hath determined to end this session ; they cannot bring to maturity and perfection divers businesses of weight , which they have taken into their consideration and resolution , as most important for the common good . amongst other things , they have taken into especiall care the preparing of a bill for the granting to your majesty such a subsidy of tonnage and poundage , as might uphold your profit and revenue , in as ample manner as their just care and respect of trade ( wherein not only the prosperity , but even the life of the kingdom doth consist ) would permit . but being a work which will require much time and preparation , by conference with your majesties officers , and with the merchants , not only of london , but of other remote parts ; they finde it not possible to bee accomplished at this time ; wherefore considering it will be much more prejudicial to the right of the subject , if your majesty should continue to receive the same without authority of law , after the determination of a session , then if there had been a recess by adjournment only ( in which case that intended grant would have related to the first day of the parliament ) and assuring themselves , that your majesty is resolved to observe that your royal answer , which you have made to the petition of right of both houses of parliament ; yet doubting lest your majesty may be mis-informed concerning this particular case , as if you might continue to take those subsidies of tonnage and poundage , and other impositions of merchants without breaking that answer ; they are forced , by that duty which they owe to your majesty , and to those whom they represent , to declare , that there ovght not any imposition to be laid vpon the goods of merchants exported or imported withovt common consent by act of parliament , which is the right and inheritance of yovr svbjects , fovnded not only vpon the most antient and original constitvtion of this kingdom , but often confirmed and declared in divers sta●vte laws ? and for the better manifestation thereof , may it please your majesty to understand , that although your royal predecessors , the kings of this realm have often had such subsidies , and impositions granted unto them upon divers occasions , especially for the guarding of the seas , and safeguard of merchants , yet the subjects have been ever careful to use such cautions and limitations in those grants , as might prevent any claim to be made , that such subsidies do proceed from duty , and not from the free gift of the subject , and that they have heretofore limited a time in such grants , and for the most part but short , as for a year , or two ; and if it were continued longer , they have sometimes directed a certain space of resensation or intermission , that so the right of the subject might be more evident . at other times it hath been granted upon occasion of warre for certain numbers of years , with proviso , that if the warre were ended in the mean time , then the grant should cease . and of course it hath been sequestred into the hands of some subjects to bee imployed for guarding of the coasts ; and it is acknowledged by the ordinary answers of your majesties predecessors , in their assents to the bills of subsidy of tonnage and poundage , that it is of the nature of other subsidies , proceeding from the good will of the subject . very few of your predecessors had it for life , until the reign of henry . * who was so farre from conceiving he had any right thereunto , that although he granted commissions for collecting certain duties and customs due by law , yet he made no commission for receiving the subsidy of tunnage and poundage , until the same was granted to him in parliament . since his time , all the kings and queens of this realm have had the like grants for life , by the free love and good will of the subject ; and whensoever the people have been grieved by laying any impositions or other charges upon their goods and merchandizes without authority of law , ( which hath been very seldome ) yet upon complaint in parliament they have been forthwith releeved , saving in the time of your royall father , who having through ill counsel raised the rates of merchandizes to that height at which they now are , yet he was pleased so farre to yee●d to the complaint of his people , as to offer , that if the value of these impositions which he had set , might be made good unto him , he would bind himself , and his heirs by act of parliament , never to lay any other ; which offer the commons at that time , in regard of the great burthen , did not think fit to yeeld unto . nevertheless your loyal commons in this parliament , out of their especial zeal to your service , and special regard of your pressing occasions , have taken into their considerations ; so to frame a grant of subsidy of tunnage and poundage to your majesty , that both you might have been better enabled for the defence of your realm , and your subjects by being secure from all undue charges , be the more encouraged cheerfully to proceed in their course of trade ; by the encrease whereof your majesties profit , and likewise the strength of the kingdom would be very much augmented . but not being now able to accomplish this their desire , there is no * course left unto them without manifest breach of their duty , both to your majesty and their country , save only to make this humble declaration , that the receiving of tonnage and povndage , and other impositions not granted by parliament , is a breach of the fvndamental liberties of this kingdom , and contrary to yovr majesties royal answer to the said petition of right ; and therefore they do most humbly beseech your majesty to forbear any further receiving of the same , * and not to take it in ill part from those of your majesties loving subjects , who shall refvse to make paiment of any svch charges withovt warrant of law demanded . and as by this forbearance , your most excellent majesty shall manifest unto the world your royal justice in the observation of yovr laws ; so they doubt not hereafter , at the time appointed for their coming again , they shall have occasion to express their great desire to advance your majesties honovr and profit , the king dissolving this parliament on a sudden , and continuing to take tonnage and poundage by his royal prerogative without any act of parliament , sundry a merchants upon the commons remonstrance , refused to pay the same ; whereupon their goods were seised : of which they complaining in parliament , caroli , were voted full reparations against the customers , with dammages for the same . and to prevent the kings claim thereunto by right ; with all future demands and collections thereof from the subject without grant in parliament , they declared and enacted by three special acts of parliament , & , caroli , that it is and hath been the antient right of the svbjects of this realm ; that no subsidy , cvstome , impost , or other charges whatsoever ovght or may be laid or imposed upon any merchandise exported or imported by subjects , denizens or aliens , withovt common consent in parliament , and that if any customer , controller , or any other officer , or person , should take or receive , or cause to bee taken or received the said subsidy , or any other impost upon any merchandize whatsoever , exported or imported , except the same be due , by grant in parliament , shall incur the penalties and forfeitures of a premvnire , to the which the king gave his royal assent . and to prevent any future prescription thereunto by the king , they discontinued it for some time , and then granted it specially from month to month , or some short space with sundry limitations , and the penalty of a premvnire if otherwise received , by several new acts of parliament , to which the king gave his assent . these acts the king himself in his proclamation of the sixteenth of december , in the eighteenth year of his reign , stiles , the fences of the svbjects property , received from vs , and understood by vs , as one of the greatest graces the crown ever conferred on the svbject ; and by that proclamation , he prohibited all his subjects , both the paiment and receipt of any monies for customs , or other maritine duties , contrary to this act , by any ordinance of both houses of parliament ; under pain of a premunire , and of being likewise proceeded against as ill-affected persons to the peace of the kingdome . whereupon the lords and commons in their answer to this proclamation ; though they declared ; that the intent and meaning of that penall clause of a praemvnire and other forfeitures ( in these new statutes , which likewise disable every person , customer , officers who should take or receive , or cause to be taken or received any such subsidy or imposition upon any merchandize , during his life , to sue or implead any persons , in any action reall , mixt or personal in any court whatsoever , ) was only to restrain the crown , from imposing any duty or payment on the subjects , without their consent in parliament : and that it was not intended to extend to any case whereunto the lords and commons give their assent in parliament ( which they never did to this new white-hall ordinance , nor the pretended act recited in it , therefore the imposers and receivers of it by vertue thereof , without such assent in parliament , are within the penalties of the aforesaid statutes : ) yet to avoid the danger of a praemunire in their officers , by exacting it only by an ordinance of both houses , without a speciall act of parliament ; they did by their first * ordinances , impose and demand customes , tonnage poundage and new imposts , not as a legal duty , but only by way of loane , til the act of parliament for their future continuance should be assented to by the king : as their declaration of december . and their ordinance of the same date , concerning the subsidy of tonnage and poundage attest . by what coulor of law , iustice , right , this antient birth-right of all english subjects , so lately declared by three acts of parliament , to which most of our late and present white-hall grandees were parties , comes to bee lost and forfeited by our contests to preserve it ; or how the customes , imposts of tonnage , and poundage , can bee now imposed , continued on , or exacted from the subjects by any powers , officers , or persons whatsoever , and levied by severest penalties , forfeitures , imprisonments , seisures , by pretext of this white-hal ordinance , ( though no waies granted by common consent and act of parliament , ) without incurring a praemunire ; and forementioned penalties , disabilities ; or without subverting the fundamental liberty , property , franchises , laws , statutes of the whole english nation , in a farre higher degree then ever in former ages , i cannot yet discern ; and all our new governours , merchants , customers , officers and other persons , who have any cordial affection , love , zeal to their own or the peoples hereditary rights and priviledges , may do well to demurre in law upon it , till they can satisfy their own and other mens consciences therein , to prevent the dangerous consequences of such an ill president to posterity . in the parliament of h. . rot . parl. n. , , , . these were the principall articles of impreachment exhibited against king richard the second ; for which hee was forced to depose himself , as unfit to govern , and resign up his crown to king henry the fourth . * that whereas the king of england out of the profits of the realm , and the patrimony belonging to his crown , might live honestly without oppression of his people , so as the kingdome were not burdened with the extraordinary expences of warre , that this king during the truces between the realm and the adversaries thereof ; gave and squandered away a great part of the crown-lands to unworthy persons , and thereupon exacted almost every year , so many taxes and grants of ayde from his subjects of the realm , that hee thereby greatly and too excessively oppressed his people , to the impoverishing of his realm . that the same king being unwilling to keep and defend the just laws and customes of his realm , and to do according to his pleasure , whatsoever should suite with his desires , frequently when the laws of his realm were expounded and declared to him by the justices and others of his council , who requested him to administer justice according to those laws , said expresly with an austere and frownning countenance , that the laws were his more suo , after his own maner ; and sometimes , that they were in his own breast , and that hee alone could alter and make the laws of his realm , and being seduced with this opinion , he permitted not justice to be done to very many of his leige people , but compelled very many to cease from the prosecution of common justice . that when as afterwards in his parliament certain statutes were made , which might always bind , till they were specially repealed by another parliament , the same king desiring to enjoy so great liberty , that none of these statutes might so binde him , but that he might execute and do according to the pleasure of his own will , which hee could not do of right ; subtilly procured such a petition to be presented to him in his parliament , in the behalf of the commons of his realm , and to be granted to him in the general ; that he might be so free as any of his progenitors were before him . by colour of which petition and grant , he frequently did , and commanded to bee done , many things contrary to the said statvtes not repealed , going against them expresly , and wittingly , against his oath at his coronation . that although by the statutes and customs of his realm , in the summoning of every parliament , his people in every county of the realm ought to be free , to elect and depute knights for the said counties to sit 〈◊〉 parliament , both to receive their grievances , and to prosecvte remedies thereupon , as it shall seem expedient to them ; yet the said king , that he might in his parliament be able to obtain the effect of his rash will , frequently directed his mandates to his sheriffs , that they should cause to come to his parliament certain persons named by the king himself , as knights of the shire ; which knights verily favouring the said king , he might easily enduce , as he frequently did , sometimes by divers threats and terrors , and sometimes by gifts , to consent to those things which were very prejvdicial to the realm , and very bvrdensome to the people ; and specially , to grant to the said king a subsidy for certain years , to the oppressing of his people overmuch . that although the lands and tenements , goods and chattels of every freeman , by the laws of the realm used in all former ages past , ought not to be seized , unless they had forfeited ; yet notwithstanding , the said king purposing & endeavouring to enervate these laws , in the presence of very many of the lords and commons of this realm frequently said and affirmed , that the life , lands , tenements , goods and chattles of every one of his subjects , are at his will and pleasure , without any forfeiture ( by the known laws ) which is altogether contrary to the laws & customs of the realm aforesaid . whether all these high misdemeanors charged against king richard , have not been revived , and acted over and over both by words and deeds in a farre higher degree than ever he was guilty of them , by some late , present whitehall grandees , army-officers , new instrument-makers , legitors , and imposers of excises , customs , imposts , tonnage , poundage , contributions for many years yet to come ; and of that constant annual revenue projected , intended by them in their article : i remit to their own judgements , consciences , and our whole kingdom to resolve , and what they demerit for such extravagant high offences , for which he lost crown and regal power , let others determine . the . particular , is their late incumbent imposition of . moneths new contribution , by a meer self-enacted whitchall jurisdiction , without any consent , grant , in or by the people in parliament , by that they intitle , an ordinance of the . of ●une . beginning thus ( in a most imperial stile , transcending all former acts of parliament , granting or imposing any subsidies ) without any prologue to sweeten it , or court the people to its ready payment . be it ordained and enacted by his highness the lord protector ▪ with the consent of his council , and it is hereby ordained , that towards the maintenance of the armies and navies of this commonwealth an assessement of one hundred and twenty thousand pounds per mensem for three monethe , commencing the of iune , and ending the of sept. following , shall be taxed , levied , collected and paid in england and wales in such sort as is hereafter expressed . the full sum of the said three months assessment of one hundred and twenty thousand pounds by the month , to be at once wholly collected and paid in to the receivers generall at or before the tenth day of october next , &c. the levying thereof upon the refusers hath been by distress of goods by souldiers , troopers , and quartering them on the refusers till payment , and double the value many times paid to , and exacted by the souldiers for their pains ; adjudged ( even by some of our new grandees votes who prescribe such taxes and wayes of levying them ) to be no less then high treason , and levying warre in * straffords case , for which principally he was condemned , and lost his head on tower hill , as a traytor . in this new whitehall tax without a parliament ( intended as a leading president to bind the whole nation in perpetuity , if now submitted to , as the article intimates ) there is a double violation , subversion of the fundamental laws and properties of the nation in the highest degree . the first , is by the reviving , imposing of * ship-mony on the whole realm , and all inland counties , as well as maritine , for the maintenance of the navies by sea , ( which should be maintained only by the customs ) and that in a farre higher proportion than the shipmony imposed by writs by our late beheaded king ; amounting to no less than forty thousand pounds per mensem at last , by way of contribution alone , besides the customs , tonnage , poundage and excise paid towards it . this imposition of shipmony , by the late king , ( though ratified with the advise and consent of his council , many colourable presidents , records in all former ages , and the precedent resolution of all his iudges , under their hands , as just , and legally imposed in case of necessity and publike danger only , without consent in parliament ) together with the iudgement and proceedings of the iudges in the eschequer chamber in justification thereof , were in the last parliament , after solemne debate , by the * votes and iudgements of both houses , on the . ian. and february , resolved ( nemine contradicent● ) to be contrary to the laws and statutes of this realm , contrary to the rights and properties of the subjects of this realm , contrary to former iudgements in parliament , contrary to the great charter and to the petition of right : and voted to be so declared by the iudges at the assizes in the severall counties ; the same to be entred and inrolled in the severall counties by the clerks of the assises . after which , it was for ever damned by a special act of parliament , to which the king himself gave his royal assent , ( afterwards cited and enforced by both houses . exact collection p. . . in the case of the array . ) and those iudges who argued , that the king might lawfully impose shipmony on the subjects , without a parliament in cases of danger and necessity , of which they affirmed him to be the sole iudge ; were by all impeached by the house of commons of high treason , for these opinions of theirs ; whereby they trayterously and wickedly endeavoured to subvert the fundamental laws and established government of the realm of england , and instead thereof to set up an arbitrary and tyrannical government against law ; of which at large * before . how any present powers or persons then , can either impose , justify , levy , enforce it upon any pretext of necessity , or publique danger , on the whole nation , after all these late resolutions , iudgements , votes , impeachments , and a special act of parliament so fresh in memory ( especially such who were parties to them ) without incurring the self-same impeachments and guilt , as these ship-mony iudges did , or a severer censure then they sustained , let their own conscsences , and those who may on● day prove their iudges , resolve them at leasure , being past my skill to doe it ? the . is , by the imposing of a direct heavy tax , tallage , and monthly contr●bution , and that only ( for the maintenance of such a land army , which hath offered force unto the members of both houses , subverted , destroyed that parliament , government , laws , libertie , for whose preservation they were specially raised , commissioned , engaged ) without , yea against the peoples assent in parliament : which no king of england , with the advice and consent of his council , had ever any right or power to doe , or audacity enough to attempt , no not william the conqueror , c●nute , henry the th . edward the th . or henry the th , who came principally by power of the sword , to their soveraign regall authorities . by what justice , power , legal right , any other person or persons whatsoever , who are neither rightfull kings , nor parliaments of england in their own or others repute , can either impose , levy , exact such extravagant heavy taxes , contributions , from the exhausted free-born people of england , ( especially being now pretended new free state , ) against all our fundamental lawes , statutes , franchises , charters , properties , liberties , records , parliamentary iudgements , their own late remonstrances , declarations , votes , the presidents of all former ages , yea of all our kings coming in by the sword to their thrones , let the imposers of them seriously advise , as they will answer it at their utmost peril to god , men , and the whole english nation ; who expected better things from them , even a total final exemption from all such illegal burthens , after all their late wars , agonies , expences , to redeem and preserve their lawes , liberties , estates , properties , posterities , from such exorbitant oppressions , diametrically contrary to all the forecited iudgements . resolutions , remonstrances , statutes , votes , presidents , and sundry others , which i shall hereafter insist on in the third chapter of this treatise to which i must refer you : and shall we not then adventure a distresse , a prison , quartering upon , or any other duresse , yea death it self , rather than volutarily submit our selves and posterities backs thereto , when as we spend our bloods , lives , treasures , against lesser , easier , royal impositions ? how shall we answer it to god , men , or our enslaved posterities , if we now most safely , unworthily submit thereto in perpe●uity , without the least legal , strenuous , publick oppression or debate of its legality . if any here allege ( as some men do ) in iustification of these three , ( or rather four ) forecited kinds of illegal universal taxes , imposed , levied , on the whole nation , without consent of parliament ; that they are all warranted by the instrument of the new gevernment , article , , . that a constant yearly revenue shall be raised , setled and established , for maintaining ten thousand horse and dragoons , and twenty thousand foot in england , scotland , and ireland for the defence and security thereof , and also for a convenient number of ships for guarding the seas , besides two hundred thousand pounds per annum , for defraying other necessary charges , for administration of iustice , and other expences of the government , which revenue shall be raised by the customes , and such other ways and means which shall be agreed u●o● . by the lord protector and council and shall not be taken away , or diminished , nor the way agreed upon for the raising of the same altered , but by consent of the lord protector and the parliament . that the said yearly revenue shall be paid into the publick treasury , and issued out for the uses aforesaid . that in case there shall not because hereafter to keep up so great a defence at land or sea , but that there be an abatement made thereof ; the mony which shall be saved thereby , shall remain in banke for the publick service , &c. ; all which they , in the true state of the case of the common-wealth , p. , , commend , for a most excellent provision , a co●stant revenue , a publike bank or treasury upon all occasions &c. , which they intend to perpetuate on the whole kingdom , without end or abatement , as well in times of peace , safety , as of war and danger . therefore the protector and his counsell at whitehall in pursuance hereof , may lawfully impose ( by vertue of these articles ) both excise , customs , tonnage , poundage , ship-money and contributions , for these ends upon our three whole kingdoms and all the freeborn english by printed ordinances of their own , in what proportions , and for what time they please ( yea and for perpetuity ) without consent or grant in parliaments , and restrain all future parliaments , both from taking away , or diminishing them , or altering the way agreed on for their raising , without their protectors consent thereto ; ( as the expresse words run , and their practise yet expounds them : ) notwithstanding all former laws , statutes , charters , resolutions , iudgements , remonstrances , oathes , vowes , declarations , presidents ) either in or out of parliament ) to the contrary . to this i answer , first , that i cannot but stand amazed to hear any army-officers , souldiers , lawyers , or persons in present trust or power , who bear the name or hearts of english freemen , saints , christians , lovers , patriots or protectors of their native country of england , its parliaments , laws , and liberties , to make such a stupendious irrational objection , as this , which justifies all the exorbitant opinions , proceedings , taxes , oppressions , impositions , of our late beheaded king , strafford , canterbury , the ship-money iudges , old whitehall council table , yea all our other former kings , and their evil counsellors most irregular exaction of mony in all ages from brute till now ; and will render the very worst of all our kings , if compared with our late and present tax-masters , and pretended assertors of our liberties , rather good , gracious , just , righteous , princes , benefactors , than tyrants or oppressors , for the future , seeing they never out of parliament imposed , enforced on their subjects any such heavy , various , perpetual taxes , imposts , excises , ordinances , or new articles of the government● , as these forecited . ly . this objection ( if admitted just or solid ) gives a private cabinet ●uncto , of obscure persons ( yet unknown by name unto our nation ) a superlative , super-parliamentall authority , to contrive and set on foot , a new devised instrument , to undermine and blow up all our former fundamental laws , customs , great charters , liberties , franchises , properties , parliaments , former frame of government at one crake , after all our late bloody , costly contestations for their preservation , both in the supream courts of publick iustice , and fields of war , without our privities or consents thereto , either in or out of parliament , contrary to all their and our protestations , oathes , covenants , commissions , trusts , promises , pretences ; and instead of english freemen ( as we were before these contests and wars ) to strip us quite naked of all our former freedoms , liberties , properties , customs , rights , derived to us from our noble ancestors , as the purchas of their dearest blood & render us & our posterities for the future , the most absolute issachars , vassals , slaves under heaven , inthralled to all sorts of intollerable , illegal , unpresidented , incessant , endlesse taxes of all kinds , without hopes of alteration or mitigation by any future parliaments , ( without their protectors or his successors voluntary consents , which they cannot expect ) and to a constant standing mercenary army of horse and foot , by land , and navies of hirelings by sea , to keep us and ours in perpetual bondage under such new irregular successive tax-masters ; who must elect their successors like themselves . ly . all our former antient laws , statutes , parliaments till now , in all changes , revolutions of state or government , ever constantly asserted , maintained , provided , * that no tax , tallage , custom , contribution , impost , subsidy , charge , excise , loan or payment whatsoever , should be imposed on the freemen of england , without their common consent and grant , in full , free , lawfull english parliaments ; and if any were imposed otherwise by any power or pretext whatsoever out of parliament , that it was null , and void to all intents , to bind the people . but these monstrous articles quite turn the scales ; impowring a few private persons ( neither elected nor intru●ted by the people for such ends ) by colour of this ill tuned instrument ( contrived privatly by themselves alone , as most conjecture , for their own self-interests ) to impose perpetuall imposts , excises , customes , contributions of all kinds , on our whole three kingdoms and nations , which neither they , nor their parliaments ( though never so grievous , extravagant , unreasonable or oppressive ) shall have power to take away , diminish , alter , or regulate in the forecited illegall , oppressing , violent wayes of levying them , unless their grand soveraign lord protector , shall first give his consent thereto ; ( which they cannot expect , nor enforce , ) and in cale of his refusall , they are utterly left remediless ; he having thirty thousand armed mercenary horse and foot in severall quarters by land , and a strong numerous . navy by sea at his command , to keep them under endless tributes to him and his successors for ever . o england , england , ( to omit scotland and ireland ) consider seriously , and timely , to what a blessed liberty , and long-expected freedome , this new invented instrument and the irish harp , lately quartered with the english bloody cross , as our free-state arms , hath now at last reduced thee , if these objected articles must remain inviolable , maugre all our laws , statutes , &c. to the contrary ; as our new tax-masters and their instruments , both literally and practically conclude , unlesse you use your uttermost , lawfull , present , diligent , joynt endeavours to prevent it 〈…〉 ly , the whole house of commons , yea some who were parties to this instrument , lately impeached and with the lords ●ouse , by judgement of parliament condemned , beheaded the * earl of strafford , and archbishop of canterbury , as guilty of high treason ; in subverting our fundamental lawes , liberties , and setting up an arbitrary tyrannical government ; for resolving at the councel table , before-hand , to assist the king to raise monies on the subjects to carry on the warres against the scots , by extraordinary wayes , in case the parliament should prove peevish , and refuse to grant such subsidies as they demanded of them . and for straffords affirming , that ireland was a conquered nation , and that the king might do with them what he pleased : that they were a conquered nation , and were to expect lawes as from a conqueror . and that he would make an act of councel board in that kingdom of ireland , as binding as an act of parliament . and do not the objectors , contrivers of this new instrument articles , and those who now vigorously put it in execution in any kind ( as too many do ; ) speak out , and do as much , as bad , as they in each of these particulars ; nay farre more and worse ? do not they ( after the late violent breaches of our former parliaments , and their own junctoes by the army ) raise monies in more vast proportions , by more irregular , violent , extraordinary wayes , by longer continued taxes , excises , impositions , and constant yearly revenues , then they ever did or designed , quite out of parliament , by their own arrogated legislative tax-imposing power ? do not they by this very instrument , proclaim to all the world , that not only ireland and scotland , but england it self , is now a meer conquered nation ? that thereupon they may do with us what th●y please ; and we must not only expect , but receive lawes from them as conquerors ; having already published whole volumes of new-laws and ordinances of all sorts at their new-erected councel board ( which the old never did ) and made them as binding , not only to ireland , but england and scotland too , as an act of parliament ? yea farre more binding than any parliament acts , by binding the hands , power of future parliaments themselves , and our three whole nations ( as aforesaid ) and that in perpetuity ( which no * parliaments , nor acts of parliament can do ) and by repealing , nulling all our former fundamental laws , charters , liberties , free government made by parliaments , with our very parliaments themselves ? and if so , let the objectors now seriously consider both the treasonableness , unparliamentalness , sad consequences of this objection , and what ill effects it may produce in present or future ages . ly , the statutes of e. . c. . & e. . c : . yet in force , declare all judgements given or to be given by the justices , or any other , contrary to the points of the great charter , to * be void and holden for nought : and if any statute be made to the contrary , it shall be holden for none . therefore these instrument articles , and paper ordinances made by colour of them , in direct opposition to , and subversion of the points of the great charter , and all other acts for their confirmation , must needs be holden for nought and void to all intents , to bind this whole free-born nation , or any one freeman of england in particular . . if these articles and instrument ( for the premised reasons , and defect of legal power in the yet unknown instrument-makers ) be not void in law , to all intents and purposes , as all wise men repute them ; yet other clauses , and articles of this very instrument , ( admit it valid and obligatory to our nations ) give a fatal blow to all the forementioned excises , impositions , contributions by colour thereof , and to the objected articles . first the prologue to the oath , at the close thereof , proclaims the government setled by it , to be such , as by the blessing of god might be lasting , secure property , and answer the great ends of religion and libertie , so long contended for : but these articles ( as the objection and premises evidence ) do no wayes secure , but utterly subvert all property , in the highest degree ; and answer not , but eternally frustrate , abolish , the great ends of our religion ( condemning all illegal , unrighteous taxes and * tyrannical , usurping , oppressing arbitrary powers ) but especially of our liberties , so long contended for ; and are rather likely to raise new troubles and unsettlements , than make the government lasting ( as many late presidents , with those ancient ones in dr. beard his theatre of gods judgements , l. . c. . to . may perswade us : ) therefore it must be exploded , as repugnant to the whole scope of the instrument . . the . article of it is fatall and destructive to the objected articles ; viz : that the laws shall not be altered , suspended , abrogated , or repealed , nor any new law made , nor any tax , charge , or imposition laid upon the people , but by common consent in parliament . save only , as is expressed in the th article ( not . ) now these objected , , articles , being diametrically contrary to every word , clause of this article , and agreeable to our fundamental laws ( which the last clause of the oath obligeth their protector and his successors to maintain , and to govern the people by ) which laws must be all * altered , suspended , abrogated , repealed by these articles alone , if reputed valid ; in giving power to them , to impose any tax , charge , imposition upon the people , without common consent in parliament ; and being not within the saving of this , or the th article , must needs be void and repealed by this very sixt article , and the oath it self . . the th article following them , diametrically contradicts , repeals them in these words . that the raising of money for defraying the charges of present extraordinary forces both by land and sea , in respect of the present warrs , shall be by consent of parliament : save only , that the lord protector , with the consent of the major part of the councel , for preventing the disorders and dangers which may otherwise fall out both at sea and land , shall have power until the meeting of the first parliament ( on the . september . ) to raise monies for the purposes aforesaid . the former part of this article is consonant to , and expounded by the . forecited , which is more generall : and the plain sense thereof is this . that all monies raised for defraying the extraordinary forces both by land and sea ( exceeding the antient standing garrisons , guards maintained by the old constant revenues of the crown , without any tax upon the people ) shall be by consent of parliament . therefore a fortiori ; all perpetual standing taxes , excises , contributions to maintain the ordinary and extraordinary forces by land or sea , and ordinary expences of the government ( which , in respect of their constancy , permanency , are far more grievous , dangerous to the subject than rare extraordinary ones upon emergent occasions ) must and ought not to be imposed by their new created power out of parliament , after the of september . it any here object ; that the latter clause of the article save only , &c. authorized those at whitehall , without a parliament , to impose excises , taxes , customs , ( impositions , contributions forementioned , and any other constant annual revenue they shall settle , according to the article ; so as it be done before september . . therefore they are all lawfull , because imposed before that time by their printed ordinances forecited . i answer , . that this saving , is utterly void in law , to all intents , . because it is not only contrary to all our fundamental laws , great charters , statutes , but repugnant to the body of the article , and first part of the ▪ to which it is annexed . . because it assigns the legislative tax-imposing power ( the inseparable incommunicable iurisdiction of our parliaments alone ) to a new whitehall councel , by a void instrument made out of parliament for a certain time , which biggest soveraign power , the parliament it self neither legally may , nor can , nor ought to transfer by any ordinance or . act of parliament to any committee of their own members , no not for a moment , as is both resolved and declared by act of parliament . h. . c. . and rot. parl. h. . n. , , , . h. . c. . h. . c. . and . e. . c. . it being derogatory and destructive to the free state power , rights of parliaments , tending to the great incommodity of the whole realm , and of pernicious example to posterity , as the whole parliament of . h. long since resolved in positive termes . ly . this saving is just like the popes old * detestable non obstante , at the close of their bulls ; quae omnem subvertit praehabitam justitiam , which subverted all the justice and privileges granted before to any in the body of those bulls ; and as pernicious as that * proviso , which the house of lords desired at first , to have inserted into the petition of right , which would have made it felo de se , because it insinuated that the king by his soveraign power where with the law had intrusted him , for the protection , safety , and happinesse of his people might impose any aid , tax , tallage , or charge upon his people without a parliament , though by his ordinary power he could not do it . which had left the subjects in worse case than it found them , and wholly destructive to it self in all the parts thereof : whereupon after a conference had concerning it by the commons , it was totally rejected by both houses ; as this salvo must be for the self same reason . ly . admit it valid ; yet it gives power to them to raise moneys for the maintenance by land and sea , only until september . . and no longer ; as is evident by the very words themselves ; and the confession , exposition , ( of those who made the instrument , as most suppose ) in their , true state of the case of the commonwealth of england , &c. . p. . . in these words this power is to continue only til the sitting of the next parliament . yea george smith in his new treatise , intituled , gods unchangeablenesse , &c. ( in justification of the present governour and government ) p. . writes thus ; and for his seeking to have power to make laws , and raise mon●ys , it is meer calumniation . he seeks it not , he claimes it not , but leaves it to the wisdom of parliament , as appears in artiole . ( as is thus excepted ) for and in cases of safety and necessity , till the time that this present parliament was assembled , and yet to be done by him with the advice of his council , so then he seeks not the strength nor treasure of the nation , nor to have it in his own power . therefore they can impose no taxes , excises , nor contributions by their printed ordinances to continue after its beginning ; nor by any future ordinances ( as they term them ) after that time . now the first tax of excise , forementioned , is imposed till the of march which is months after the of september . the of customs , tonnage and poundage , is continued til the of march , which is years and months after this of september . and the for the months contribution reacheth till the of december , which is near full months after the first sitting of that their next parliament : and any constant yearly revenue setled by them , will far exceed this limited time , and all former taxes : therefore all these premised , and all other future excises , customs , impost , contributions by pretended ordinances for their levying after the of september , exceeding the power and time limited by this saving , must be void , and no ways warranted by the very saving it self , and to be opposed as such . ly . to say , that although these several impositions continue after the of september , yet they were imposed by their printed ordinances before it ; therefore within this saving is a most absurd excuse and shift , repugnant to the words , yea wholly destructive to the article , and first part of the , for by this reason had their forecited ordinances ( or any other dormant or future antedated ones yet unpublished ) imposed excises , customs , tonnage , poundage , contributions on us for twenty , fifty , an hundred , or a thousand years yet to come , before the . of september , they must have been binding to us and our posterities , during all that space , and unavoidable by the people , or future parliaments , by this saving and exposition of it . but the words of this saving , giving only power to raise monies until the méeting of the first parliament ; not to make new edicts any time before it to impose and continue taxes for any time or years after it , ( which would have forestalled , affronted the next and all future parliaments in their proper work , of granting , regulating all future taxes ( according to the . and . articles ) and made them meer cyphers : ) clearly takes away this evasion ; with all their former and future whitehall impositions after the of september ; as contrary both to their instrument and oath . ly , the words of the th article whereto this saving refers , are observable , that they shall have power until the meeting of the first parliament , to raise monies for defraying the charges of the extraordinary forces both at land and sea , in respect of the present wars : to which , for the purposes aforesaid , in the saving relates . but the present warres being many moneths since ended , both by land and sea , by the peace concluded with forreign nations : and so no need , nor use of extraordinary forces to be still continued by land or sea ; the ancient trayned bands and militia of the realm , being now well able to defend , secure us at their owne cost , without any mercenary forces , excises or contributions , only to pay them ; the power of raising monies in this saving , with the grounds thereof , are now at an end , as well as our warrs ; and the whole article too : since the old standing militia , and trayned bands of the . nations , will be a sufficient safeguard to them , without our mercenary army or forces ; which * usually prove treacherous supplanters , usurpers ; oppressors to all who rely 〈◊〉 them ; whereupon our prudent ancesters , since 〈◊〉 gernes usurpation , * intrusted their militia and defence of the realm , only in the hands of the nobility , gentry , freeholders , and persons of best ability and estates , not in mercenary armies ( which supplanted the britons : ) and our warres now ceasing , the antient revenues , lands , customes of the crowne , and perquisits of the courts of justice , will be sufficient to defray all the ordinary expences of the government , navy , old standing garrisons , ( if continued , though useless ) officers of state and justice , as they did in * all former ages , and still ought to do , for the peoples ease and benefit . ly , it hath been the special policy , care of our prudent fore-fathers and wise a parliaments , never to grant any annual tax or charge ( except tonnage ●and poundage in some cases for a limited time ) for publike defence , unto their kings and governours ; nor usually to give them above subsidy , or one or two fifteens , or a single escuage , and sometimes not so much , in any one parliament , upon any extraordinary occasion or necessity , and that upon these grounds . . because * extraordinary aydes , ought to be granted only for , and proportioned to extraordinary , present , emergent necessities , visibly appearing ; which being not lasting , but momentany and various one from another , no standing certain contribution can or ought to be allotted for them , but only a temporary and mutable ; the ordinary setled crown revenues being sufficient to defray all ordinary expences , without other aydes . ly , to keep a perpetual tye upon their kings and governours , to summon frequent parliaments , and redre●s all their grievances in them , before they should receive any grant of new ayds or subsidies from them , to supply their publique necessities ; to preserve a power and right in parliaments to examine the grounds and present necessity of all taxes demanded : and to * take an accompt how former taxes , & the kings revenues had been disbursed , before they granted new ones : all which the granting of standing annual aydes for publique defence would frust●●e . ly , to prevent the encroaching of a constant charge and revenue on the people , which if granted but for years , life ; or but twice or thrice in the same kind and proportion , without alteration , though but as a free gift in parliament , would thereupon be claimed , exacted from them afterwards , as a meer just annual right and revenue , without their future grants , as danegeld , was by some of our kings of old ; imposts once granted , by edward the . and other kings heretofore ; and the customes of tonnage & poundage by king charles of late . ly , to avoid all unjust oppressions of the people by imposing on them more taxes at once than the present urgent necessities required . ly , to prevent the inhaunsing , doubling of taxes by any new dangerous presidents ; sir edward co●k observes in his institutes , p. . that the commons never used to give above one temporary subsidie , and two fifteens , in any one parliament , and sometimes less ; till the parliament of eliz. which gave . subsidies , and fifteens ; upon which first breach of this old circle and usage , their taxes still increased afterwards by degrees ; for in , & eliz. they rose to . subsidies , and fifteens : in eliz. to subsidies and fifteens : in jacobi to subsidies , and fifteens , in shorter time then had been before : in caroli , to subsidies in shortest time of all : and now of late , to constant annual imposts , excises , & endless monethly contributions , amounting to at least subsidies every moneth . ly , because a standing extraordinary tax ( especially for years or life ) when once claimed or received as part of the publique revenue , would be hardly relinquished , or discontinued , without much contest , and danger ; as appears by danegeld of old , and tonnage , poundage , excise , monthly contributions of late imposed as of right upon us , by every new upstart power ; and when once customarily claimed , collected as a duty , will no ways ease nor exempt the people from new extraordinary aydes and taxes . this is evident by that memorable president concerning abby-lands , in king henry the his reign , setled on him as a large annuall standing revenue , of purpose to defend the realm , and ease the people from all future aydes , by the parliaments of h. . c. . h. . c. . h. . c. . yet were these lands no sooner setled on the crown for these ends , but in the same parliament of h. . the king demanded and ●ad of his subjects , one extraordinary subsidy both of the clergy and laity ; and h . c. , . & h. . c. . he demanded and had the like subsidy of them again : and his successors the like and greater subsidies every parliament since . the like we see in the case of tonnage and poundage , granted only for the defence of the seas and realm against forraign enemies & pirates : which no sooner taken by the late king , as a standing revenue of the crown , but he exacted and levied against law , a new annual tax of shipmony , to guard the seas , for which very use he received tonnage , poundage , and the ancient customes ; as our late governors did , and present do ; together with new imposts and excises ; and yet impose land rates of forty thousand pounds a month besides , to maintain the navy . to instance in one particular more : our late new governours made sale of all archbishops , bishops , deanes , chapters , delinquents , kings , queens , princes , and sequestred lands and goods , both in england , scotland , and ireland , one after another ; under pretext , to ease the people in , and of their heavy taxes : but what was the issue ? all their taxes , excises , and other impositions were still continuep on them , without any intermission or diminution , nay advanced higher than ever , to thousand pounds contribution by the month for england , besides scotland and ireland , even whiles all these lands and goods were selling ; the lands and goods sold , consumed , without any publique accompt yet given of the monies , or their disposall ; or any present ease to the oppressed people : and the ordinary standing revenues of the realm being now by this meanes decayed , dissipated , and almost brought to nothing ; these new projectors and dissipators of this vast publique revenue ; instead of easing , by colour of this instrument , resolve to impose upon the undone , long-oppressed peoples gauled , broken backs and estates , such perpetual constant , annual taxes , excises , imposts , revenues as you have heard , for the maintenance both of the army , navy , administration of justice , and other ordinary expences of the government ; which no kings of england ever yet received , or pretended to . which if any future parliaments shall be so mad , or improvident once to settle , or the kingdom not unanimously to oppugne ; if setled by them without a parliament , instead of easing of the people of their long insupportable taxes , now their wars are ended ; in all succeeding parliaments , they shall still be burthened with new extraordinary taxes , upon new pretended extraordinary occasions , and forces raised ( as the words of the article , compared with the and , declare ) as if this new constant revenue had never been setled ; and if our parliaments refuse to grant them , these new projecting tax-masters ( who must dispose of all the moneys in the intervals of parliaments ) will impose and levy them at their pleasure , by their supertranscendent usurped tyrannical power and sword men , and dispose of them as they please without a parliament , as they have already done , without rendring any other publick accompt to the people thereof , than hath hitherto been given to them of all the many millions of treasure already extorted from them of late years , to no other end ( as appears by these articles of our new government ) but now at last , to bring and keep them under perpetual endlesse taxes of all sorts , and the intollerable , worse than turkish slavery of a perpetual domineering mercenary army , navy , instead of long promised liberty , ease and exemption from them , till they are all brought to a morsel of bread , and till their private estates be utterly consumed , as well as the publick crown and church revenues , yet remaining . the lad and serious consideration of all which premises , i humbly submit to the impartial iudgements , consciences of our present governours , army officers , souldiers themselves , how discrepant they are from all their former printed deolarations ; protestations , promises , vowes , engagements to the people , and what they expected from them ; it was the speech of the scythian embassadours , to alexander the grand conquerour of the world , * nec servire ulli possumus , nec regnare desideramus . si deus es , tribuere mortalibus b●nificia debes , non sua eripere , sic homo●es , id qu●d es semper esse te cogita , stultum est eorum memintsse propter quae tui oblivisceris : let it be all heroick english freemens to our pretended conquerors ; who may do well to remember that hermolaus and other officers , and souldiers of alexanders own guard , conspired his destruction , after all his persian conquests , for this very reason , which they justified to his face , * quia non ut ingenuis imperare caepisti , sed quati in mancipia dominaris ; because he had begun not to raign over them as freemen , but to domineer over them like slaves ; and because revelaetions in this age , may be more prevalent with some men than gods own oracles , or our lawes ; i shall inform our tax-imposing governours ; that st. bridget of sweden in the book of her * revelations of the heavenly emperour unto kings , cap. records ; that she had this revelation from the son of god , that kings and governours ought to love the people and commonalty of their realms : that they then shew they truly love them , when they permit them to enjoy their approved laws and liberties ; when cruel exactors and collectors domineer not over them ; if they burthen them not with new inventions of impost , taxes , and tributes , nor with grievous and unaccustomed hospitality , permanencies or freequarter ; for although for the resisting of infidels they may humiliter petere auxilium a populo ; humbly request an aid from the people and commons of their realms ( not imperiously impose it ) when there is a necessity ; yet let them beware quod necessitas illa non veniat in consuetudinem & legem , that the necessity comes not into a custom and law : * for that king ( or ruler ) who layes not aside his unjust exactions , and fraudulent inventions to raise monies , and oppresse his people , making his reigns and kingdoms meer robberies and rapines , as most then did , and n●w too ) let him know for certain he shall not prosper in his doings , but shall lead and end his life in grief , dismisse his kingdoms in tribulations ; his son and posterity shall be in such hatred , reproach and confusion , that all men shall wonder thereat ; & his soul shall be tormented by the devils in hell : which she manifests by the * example of an unjust tax-imposing king , damned to hell , and there tormented by the devils : for that to retain the kingdom to himself , and defend it from invasions , he petended the antient revenues of his eschequer would not defray the expences of the government , and realms defence ; whereupon he devised certain new inventions , and fraudulent exactions of imposts , tributes , taxes , and imposed them on his kingdome , to the dammage of the natives , and oppression of innocent merchants and strangers ; although his conscience dictated to him , quod ista erant contra deum , et omnem iustitiam , et publicam honestatem : that these things were against god , and all iustice , and common honesty ; as our forementioned excises , imposts , taxes are now . let those who are now guilty of this sinne in the highest degree , beware they incurre not the self-same temporal and infernal punishments , thus threatned to and inflicted upon others . and let our whole english nation and their trustees , upon serious consideration of all the premises , beware how they in any kind , through fear or cowardise , submit their necks or backs to the forementioned illegal yokes and burdens , of perpetual standing excises , imposts , contributions , and taxes , to enslave themselves and their posterities for ever to an oppressing military new government , and perpetual army : for which end i shall only recommend unto their meditation and practise , this observation and policy of our prudent ancesters , * binus actus inducit consuetudinem ; that a double generall submission to , and payment of such exorbitant illegal taxes , will introduce a customary , future exaction and payment of them ; which made them always ( as we have greatest reason now to do ) peremptorily to withstand the firs , to prevent a second customary , future exaction and payment in like kind ; pursuing the poet ovids old sage counsel , wherewith i shall conclude this point . * principiis obsta : serò medicina paratur cum mala per longas invaluere moras , how transcendently all the other fundamental laws , liberties , rights of our english freeborn nation have by late and present governours and their instruments been infringed , subverted in an higher avowed degree than ever in former ages , by forcible tyrannical proceedings of all kindes , in breaking open mens houses , by armed souldiers , and other unsworn illegal officers , excise-men , sequestrators , both by day and night ; seising their persons , horses , armes , papers , writings ; ransacking their studies , truncks , cabinets , upon false surmises , suspicions ; close imprisoning their persons ( by multitudes ) without , before any examination , particular accusation , hearing , trial , in unusual places ; and some of them in remetest isles , garrisons under souldiers : their pressing of men for land and sea service , and carrying them away perforce by soldiers , troopers , officers , mariners , ( like so many prisoners ) out of their own counties and the realm , to unnatural , unchristian warrs , against their wills and consciences : their disinheriting many thousands of english freemen of all sorts , of their freeholds , lands , offices , fra●chises , honors , authorities ; spoyling them and theirs of theirs goods , chattles , estates , lives , in and by arbitrary committees , martial , & other extravagant courts of highest injustice : subverting , changing our ancient fundamental lawes , statutes , and enacting new without the peoples free consents in lawfull , english parliaments : altering the whole frame and constitution of our monarchy , government , and parliaments themselves : depriving the people of the free election of their parliament members , and other elective officers , contrary to our lawes , charters , usages ; securing , secluding the members of parliament themselves , by armed force ; dissolving parliaments by the sword alone , without writ or legall power , contrary to acts and privileges of parliament ; by erecting new legislative , tax-imposing , self-created powers , ( not elected by the people ) at whitehall and elsewhere , not to be paralleld in any age . by creating new-treasons contrary to the old ones , and the statute of e. . and condemning , sequestring , imprisoning , executing english peers and freemen , only for their loyalty , duty to their lawfull soveraigns , and defence of the rights , privileges , liberties , laws of the kingdom , parliament , nation , according to their oathes , protestations , league , covenant , and gods own precepts , against the publique enemies , oppugners , vnderminers , subvertors of , and conspirators against them . by making publick wars at land and sea with our christian protestant brethren , and other nations ; and concluding leagues , truces without common consent or advice in parliament . by alienating , selling , giving , squandring away the ancient demesnes , lands , honours , rents , revenues , rights , inheritances of the crown of england , ( yea of scotland and ireland likewise ) to officers , souldiers of the army , and others , for pretended arrears , services , or inconsiderable values ; which should defray all the constant ordinary expences of the government , publique , state officers , embassadours , garrisons , navy , courts of the kingdom , and ease the people from all kind of taxes , payments , contributions whatsoever towards them ( except in extraordinary emergent cases and necessities in times of war , requiring extraordinary expences for their publique safety supplied by aydes and subsidies granted only by common consent in parliament only , and not otherwise ) which now must be wholly , or for the greatest part defrayed by the people alone , out of their own exhausted private estates , by endlesse taxes , excises , contributions ( as appears by the , , , . articles of their new ill sounding instrument foreinsisted on ) whiles others , without right or legal title , enjoy the old standing demesnes , lands , rents , revenues and perquisites of the crown for their private advantage without any acts of resumption ( * usual in all former ages ) to keep the kingdom , nation from becoming bankrupts , and people from oppression ) which should ease the people of those intollerable constant burthens lately laid upon them , against all justice , law , conscience , and make insufferable wasts , and spoyles of the stately houses , timber , wood● , mines , forrests , parkes of the crown , without restraint , to the kingdoms extraordinary prejudice ; for which they ought to give an account and make full reparations , if the earl of devonshires case , cook reports f. ▪ , be law. and by sundry other particulars ( requiring whole baronian volumes , to recite and specifie to the full ; ) is so well known by dayly experience , and multitude of presidents fresh in memory , to our whole three nations , that i shall here no further insist upon them . all which experimentally confirm the truth of our saviours own words . iohn , , . verily , verily i say unto you , he that entreth not by the do●r into the sheepfold , but climbeth up some other way , the same is a theef and a robber ; the theef cometh not but steal and to kill , and to destroy , whatever his pretences be to the contrary . and this rule of johannes angelius wenderhagen : politiae synopticae , lib. . c. . sect . . p. . . hinc regulae loco notandum . quod omne regnum vi armata acquisitum in effectis subditos semper in durior is servatutis conditiones arripiat , licet a principio dulcedinem prurientibus spirare videatur ; ( which we now find most true , by sad , sensible experience ) ide● cunctis hoc cavendum , ne temere se seduci patiantur . finis . notes, typically marginal, from the original text notes for div a -e this epistle should have been printed before the first part ; but was omitted through hast . a see the several epistles of frederick the emperor against pope gegory the , and innocent the recorded by mat. paris , p. . to . sparsim . b see extra● de majoritate & obedientia : augustinus triumphus : bellarminus , becanu● , and others , de monarchia remani pontificis . hospinia● hist . jesui . l. , & . * henricus de knighton , de eventibus angli ae , l. . c. , . c see massaeus vegius & petrus ribadeniera in vita ignatii loyolae . heylins micracosme , p. . d see lewis owen his jesuites looking-glass , printed london . the epistle to the reader , and p. to . jubilaeum , sive speculum jesuiti●um , printed . p. to . hospinian hist . jesuitica , l. . * speculum jesuiticum . p. . see romes master-peice & conterburies doom , p. , &c. hidde● works of darkness . , . e mercure iesu●le , tom . . p. . speculum jesuitieum p. . . f see lewis owen his running register , & his jesuited looking glass . the anatomy of the english nunnery at lisbone . g de monarchia hispanica , p. , , , , , , , , , . h see thomas campanella de monarchia hispaniae . watsons quodhbets , co●loni posthuma , p. . . cardinal de ossets letters . arcana imperii hispanici del●h . . advice a tous les estat's de europe , touches les maximas fundamentales de government & diss●iennes espaginols , pa●is , . i set my speccb in parliament , p. . ●o . and the history of independency . k exact coll●ction , p. , , , , , , ● , , , , , , to . a coll●ction of ordinances , p. , , , . l see put●●y projects , the history of independ●ncy , and armies declarations , papers , proposals . printed together , london , . * de monarchia hisp . c. , . an excellent cove●y of 〈◊〉 stable , asonakle 〈◊〉 and 〈◊〉 . * no● 〈◊〉 date . * hospinian . hist . jesuit . l. . m quando eorum malitia hoc exigit & reipub. vel ecclesiae necessitas sic requirit . speculum jesuiticum , p. , , . mercure jesuite , part. . p. , . alfonsi de vargas relatio . &c. ● . . n see thei● remonstrance from sl. albans , nov. , and decem. . with other papers . * attributed to ●ne jesuite tresham . * see watsons q●●libets , p. . &c. * alphonsi de vargas relatio , &c. c. . spe●ulum jesuiticum , p. , . * hospinian . hist . jesuitica , l. . o hist . gallica , & ●elgica , l. ● . p. . speculum jesuiticum p. . hospinian . hist . jesuitica , l. . ● . . p see speculum jesuiticum and the general history of france in h. . hospinian . hist . jesuitica , l. . f. , . q speculum jesuiticum , p. . r see the general history of france in the life of henry . and lewis . speculum jesuiticum , p. , , , . hospinian . hist . jesuitica , l. . p. , to . * speculum jesuiticum , p. , . hospinian . hist . jesuitica , l. . f. , . * hospinian . hist . j●su . l. ● . , . * see the general history of france in hen. . and lewis . dr. john whites defence of the ●●●y , c. . p. . ſ see grimstons history of the netherlonds p. . thuanus l. . p. . speculum jesuiticum . p. , . * de monarch . hisp . ● . . p. . * chron. belgiae tom. . p. . tom. . p. . meteranus l. . p. . hospinian . hist . jesuitica , l. . f. . t speculum jesuiticum , p. . v see speed and cambden in her life . bishop carletons thankful remembrance of gods mercy , london . x hospinian . hist . jesuitica , speeds history , p. . cambden , stow , holinshed in the life of queen elizabeth . speculum jesuiticum , p. . * see watsons quodlibets . y see speeds hist . p. , , . john s●ow , and how ; jac. z cook in●●itutes , p. . and calvins case ● report , f. , . jac. c. . * see fox , holinshed , speed , mariae , a see jac. c. , , , . speeds history , p. , to . the arraignment of traytors , with others . prayers for the of november . hospinian . hist . jesuitica l. . f. , to . b speeds hist . p. . the arraignment of traytors , and m. john vicars history of the gunpowder treason . * see militiere his victory of truth , . dedicated to the king of great brittain . c see my epistles to jus patronatus , and speech in parliament . nota. * in his victory of truth , . p. , , , , , . * vpon which ground , many of them have since solemnized the of january , instead of november . * see militiere his victory of truth , p. , to * jer. . . d romes master-piece , p. , , . * romes master-piece , p. , to . c the victory of truth , anno . * hospinion . hist . jesuitica , l. . f. . l. . f. . * printed by it self , and at the end of my speech in parliament . * see an apologetical declaration of the province of london , &c. jan. . . f page , . , , , . &c. g see my speech in parliament , and memento . the epistle to my jus patronatus , & tho. campanella de monarchia hisp . . . * see the declaration of the secluded members , the london - ministers and others , representation to the general , and the second part of the history of independency . * to their general & officers , even in unlawful acts against the parliament , king , kingdom . * hospinian . hist . jesuitica , l. . romes master-piece . h jubilaeum , five speculum jesuiticum epigramma . i hasen mullerus hest . jesuit . c. . speculum jesuiticum , p. . k exact collection , p. . , , , , , , to . , , , , , , , to . , to , , , , , to , , , . a relatio de s●ratogematis & sophismatis j●suitarum , c. , , . a rom. . b rom. . heb. . c isai . . . d mat. . . e isai . . . mica . . . f cap. . p. and c. . p. . g see hospinian . historia jesuitica . l . f. , , . and l. . throughout . thuanus hist . l. . h genevae , . * yet these plead for a toleration among us , and enjoy it . nota. i richardi dinothi historia de pello civili gallico , l . p. . &c. the general history of france . p. . hospinian . historia jesuitica f. . thuanus historia . l. . k dinothus , peter mathew , thuanus general history of france , meteranus , and others . l speculum jesuiticum , p. . m meteranus historia . l. . speculum jesuit . p. . n see h●spinian . historia jesuitica l. . f. . . o hidden workes of darkness brought to publique light . romes master-peece , conterburies doome . p exact collect. p. , . . . . to . . to . q the royal popish favourite p. , . hidden workes of darkness brought to light p. . r the royall popish favourite . p. . . hidden workes of darkness p. . nota * exact collect. p. , . s hidden workes of darkness brought to publique light p. . to . and romes master-peece . t see the kings declaration concerning that treaty , hidden workes of darkness . * speculum sive jubilaeum jesuiticum . u hidden workes of darkness p. . . canterburies doom . p. . nota. * see bellarmin . de no●is eccl. nota. . x speculum five jubilaeum jesuiticum . p. . to . y see hidden works of darkness brought to publike light , p. . to . the rise and progress of the irish r. bellion , and others . z hidden works of darkness , p. . * hidden work● of darknes , p. . * exact coll. p. , , to . a collection of ordinances , p. , , , , and the history of independency . * see tho. campanella de monarchi● hisp . c. , . * see the article of the instrument of government . * exact coll. p. , . , , , , . * is not ours so ●ow ? * see the new government of the common-wealth of england , artic. , , . , . . * alphonsi de va●gas relatio cap. . * speculum jesuiticum p. , . * see joh. . . ezech. . . to . levit. . . . job . . , c. . . to obad. . jer. . , . * alphonsi de vargas relati● &c. c. . . see c. , , , , , . & hospinian historia jesuitical . . * hidden works of darknesse brought to publique light , p. , . * exact coll. p. , &c. * quere , whether the high court of justice had not its title from hence * stew watsons dialogue between a secular priest and lay gentleman ▪ printed at rhemes , ● . p. . * and is not this the cheif reason of their late endeavoured alterations * and was not this the very principal engin lately used to alter our old fundamental government , cut off the king , and divest his posterity of their three kingdoms ? witnesse the armies printed declarations , and the junctoes votes in pursuance of them , jan. . . see mene t●kel percz by john rogers . * a great stickler against our laws and a promoter of this jesuitical designe . * this he hath since this epistle penned , affirmed in a printed speech in the painted chamber before a greater assembly , sep. . p. , . * the more shame for those who suffer it ? * therefore of the army and others rulers by this clear publike confession in print . * a● amongst other , eleazar and joseph bar isaiah , cheating impostors and villains , who bavecheated good people of some thousands of pounds the of them would have for tibly ravished a maid in march last , & fled away in the night to avoid apprehension , from dursly in glocestershire . he confessed in his drink he was a souldier in prince ruperts army . * jac. c. , . the arraignment of traitors , speed , stow. . jac. * romes master piece p. . &c. , . hidden works of darknesse brought to publike light p. . . . . . , . exact collection p. . . canterburies doom p. . c a collection of ordinances , &c. p. , , , , , . d hidden works of darkness , &c. p. , , . e see the letter in the appendix to my speech in parliament , & relation of the armies proceedings against the members : the ii. part of the history of independency . nota , * see the quakers unmasked . eliz. c. . eliz. c. . jac. c. , , , jac. c. . * my imprisoners have lately professed to me , that they knew ▪ not the cause why i was thus close imprisoned . * see causia , the jesuites holy court printed in folio . * t. p. the new faux is first . * see their declarations , proposals , and printed papers , . , , . & since for that purpose . * qui tam facile receptas & patrias leges cum novis aliis commutant , certe legum ipsarum authoritalem debilitant atque enervant . necenim tantum legis abrogatio proderit , quantum magistratibus non obediendi mos oberit . aristotle polit. l. . c. . ſ and since this in a printed speech , sept. . * hath not the army done this in our three nations ? see their own chaplain sedgewick , his justice on the armies remonstrance . t the monarchy of england hath been , . in the britons , . in the saxons , . in the danes , . in the normans royal line ' , & now the . must be elective in others . v de monarchia hisp . c. . see the epistle to my jus patronatus . x art. , , , , , , , . * luke . . rom. . . pet. . . col. , . heb. . . rev. . . * non abripit mortalia , qui regna dat coelestia . sedulius in hymno acrast : de vita christi . rex iste quinatus est non venit reges pugnando superare , sed moriendo mirabiliter subjugare . venit enim non ut regnet vivus , sed ut triumphet occisus ; nec ut de aliis gentibus auro exercitum quaerat , sed pro salvandis gentibus preti●sum sanguinem fundat . hujus pueri regnum non est de hoc mundo ; sed per ipsum regnatar in hoc mundo . ipse est enim sapientia dei , quae dicit in proverbiis , per me reges regnant . tu enim regnum nullatenus habuisses , nisi ab isto puero qui nunc natus est accepisses . claudius l. . in matth. y a true state , &c. p. . z see th● : 〈…〉 a see ●h●ir alm●n●●k● in janurary ▪ february ▪ 〈…〉 a de monarchia hispanica c. . p. , &c. * see h. . c. . h. . c. . h. . c. . . eliz. c. . * de monarchia hisp . c. . b de monarchia hispan . c. . c seewatsons quodlibets , p. . to . a dialogue between a secular priest and lay gentleman , printed at rhemes , . p. , , . d conte de galeazzo gualdo priorato , hist . part . . venetiis . p. , . * et quidem quid refert an mulieres ( & iesuitae ) praesint an hi qui praesunt mulieribus obedient ? arist . polit. l. . c. . nota. nota. ●ota . nota. e quodlib . . ar . . p. . . nota. f quodlibets p. . , , , , , , ● . g quodlibets p. , , , , , , , , , , &c , , . a dialogue between a secular priest & a lay gentleman , an. . h quodlibets p. to , , , see the right & jurisdiction of the prelate and prince , by j. e. * see i. e. his treatise of the right and jurisdiction of the prelat & prince , printed . & re-printed , by the jesuits . i quodlibets p. . k quodlibets p. , , and elsewhere . l quodlibets p. . , , . . * de monarchia hisp . c. . p. , . f josh . . , . & psal . . . psal . . . heb. . , . g when our saviour himself was apprehended , carried away prisoner , and like to be crucified , all his disciples forsook him , and fled , and peter denyed him with an oath , mat. . . . . and at pauls first appearance before nero , no mā stood with him , but all men forsook him , i pray god it be not laid to their charge , tim. . . . and so it is now with most publike sufferers . * zeph : . . † unusquisque majorem temporis sui partē in rebus privatis curandis ponit , & rempublicam nihil detrimenti ex hac sua negligentia cap●re posse putat ; sed & aliquam alium esse existimat qui rempublicam curet , ei pro setpso perspiciat . ita● cadem omnium privatorum opinionè universam rempublicam perdi , non animadvèrtit . thucidides h●st . l. . pag. . * exact coll. p. . . . * are they not now more ready to let it go , then ever ? & have not thousands done it ? h exact col . p. . . . nota. * nota. * fraudes propemodū omnes atque injuriae ab ambitione & ava●itia p●oficiseuntur . arist . polit. l. . c. . i see the armies old & new declarations against the parliam . & members . their true state of the commonwealth &c. which , mutato nomin● , is but a direct arraignment of themselves under the name of others . k exact col . p. . . , &c. l see their declarations in may , june , iuly , aug. in ●ovemb . decemb. jan. . an. , & . & their true state of the case of the commonwealth of england , &c. p. . to . ann. . with some other papers & speeches since . m exact collect . p. , . to . n exact col . p. , , to . , , . nota. o if one member suffer , all the members suffer with it , cor. . . p see cooks instit . c. . p. , , . . , , and my plea for the lords . q nor yet against my self , and other secured secluded and long imprisoned members . * see that of iune . of aug. & . , and the letters of iuly . . the declarations of nov. . dec. . . * job . . * and are they not so now , almost past hopes of any future re-planting ? * modus tenendi parliamentum . cook . instit . c. . * exact coll. p. . . , , . . , . , . a collection of ordinances , p. . . . * let those who took it , remember their violations of it , & repent , see exact collect. p. , . * was this verified by many of these remonstrants ? * exact coll. p. . . . to . , . . . , , , , , , , . , , , . , , , , , , . a collection , p. . , . * exact coll. p. , . , . * so stiled , exact col. p. . . . . . . . , . in the decl. of the lords & commons concerning his majesties proclamatiō . iune . . p. . besides the authorities in the . chap. * exact coll. p. . , . * horace . * exact col. p. , to . * exact coll . p. . see their declarations & papers of aug. . . d. c. . & jan. . where they thus declare and brand them . * quod pluribus visum probatumque fuerit , id in omnibus rebus-publicis valet . in oligarchia enim & aristocratia , & democratia , quod eorum qui rempublicam gerunt , majori partis placuerit , i. e. ratum ac firmum . politicorum l. . c. . see h. . c. . * which now they do . * see their impeachment of the xi . members , & the humble answer of the gen. councel & officers of the army , &c. jan. . . * have they not lately done so since this was penned , as well as heretofore ? * exact coll . p. . * and are they not so lost now ? * epistola ad solitariam vitam agentes . sir christopher sybthorpe his reply to an answer made by a popish adversary , dublin . p. , , . * see the declaration of the lords and commons , june . . concerning this statute . * is not the quartering of horse and foot in or near such places , to affright and overawe parliaments and their members , a violation of this law , proclamation , law and custom of all english parliaments , fit to be redressed ? * exact coll . p. . . , , , , , , , , , , , . . * let those observe this impeachment , who are now really guilty of it in the highest degree . * exact coll. p. , , . to . , , . , , , , , , . * exact coll. in the pages quoted before . * exact coll. p. , , . , . and elswhere . * see their declaration of june . . & aug. . dec. . * and their generals letter from bedford , july . * see a declaration of the gen. councel & armies engagements , &c. p. . * article , , , , , , , , , , , . * see exact collect. p. , . , the true and excellent constitution of our parliament . * exact col ! p. , . , nota. nota. * exact coli . p. . * exact coll. p. . * how much it and they have been dishonoured by the contrary , let the army officers read at leasure in militiere his victory of truth . nota. nota. * exact coll. p. . * who in their letters of july . . propositions of aug. . and other of their declarations , professed to all the world , that it was fully agreeable to all their principles , & should be their desires and endeavours to maintain monarchy , the priviledges and freedom of the parliament ; and the rights of his majesty and royal family , that so a lasting peace and agreement might be setled in this nation , &c. which otherwise , they confessed then in good earnest , could not be hoped for , nor expected . whence they intituled their printed book , a declaration of the engagements , remonstrances , representations , proposals , desires , and resolution from his excellency sir thomas fair●ax , and the general councel of the army , for setling of his majesty in his just rights , the parliament in their just priviledges , and the subjects in their liberties and freedomes : printed by their and the lords house special order london . let them now seriously consider and perform it in good earnest . * de clement . l. . c. . f psal . ▪ psal . . , &c. eccles . . , . t ez●k . . . v see king. . , to . esth . . . x deut. . . cor. . . rev. . . ephes . . . y plutarch arrianus , quintus curtius , suetonius , grimston , in the life of alexander , and julius caesar , balaeus , his lives of the popes . mornyes mystery of iniquity . z king. . , , . c. . , , . isa . . . to . a rev. . . to . c. . . . c. , . king. . . to . b ephes . . . c paterculus , pluta●●h , su●tomus , antonni chronica , grimston , and others , in hi● life . jacobus usserius ann●lium pars p●sterior , p. , . * do not some now by words and deeds , repute it and the people so ? * see mat. west . an . . kings . kings . . chron. . , , , . and our king richard the third . * see the turkish history in his life . * see huntingdon , mat. west . an. . grafton , speed , holinshed , fabian brompton , in the life of penda . d judg. . . to . e see joel . , , . mat. . . sir walter rawleighs preface to his history of the world , & dr. beards theatre of gods judgements , on the and commandements . f isa . . . . c. . , . psal . . . psal . . . g rom. . . . psal . . . * see part. . p , , , . b see sam. . , to . ch . . . sam. . , , . jer. . . i tac●●us in vita agricole . k jer. . , . * part. . ch . . † see the homilies against disobedience , & wilfull rebellion . * a declaration of the egagements , remonstrances , & resolutions of sir tho. fanfax , & the general councel of the armie , london , . p. . l cor. . . m recorded in livy , tully , plutarch , valerius maximus , and others . recta honesta digna imperio , digna populo romano , omnia pericula pro republica subire , mori pro patria . cicero de finibus bonorum , &c. p. . and tus●c . q●●aest . p. . n esth . . . * see their printed declarations of iune . . aug. . . . their agreement of the people , jan. . & government of the common-wealth of england , . moulded by them . * do not many now boast , talk , write of such a conquest by the army over england ? b quodlibets , p. , , , . c eliz. c. . eu. c. . . jac. c. . . jac. c. , . jac. c. . caroli . the act for triennial parliaments . * see j. e. his right & jurisdiction of the prelate and the prince ; cap. . becanus , bellarmine , lessius , eudoemon johannis , & others against this oath . d see the printed edicts repealing thē , & enforcing the engagement , an. . e see the propositions for the treaty . f see the preface to the covenant . g see the edicts for the engagement , an. . h bellarmin de pont●f . romano . sir hum : linde his via devia . * thucidides hist . l. . . plutarch , lysander , aristot . polit. l. , & . i see grotius de jure belli & pacis , l. . c. . p. . k watsons qu●dlibets , p. , , , , . l de monar . hisp . c. . m conte de galiazzo , gualdo priorato hist . part . p. , . * optandū quidem est , st modo respublica salva et incolumis futura sit , ut civitatis part●s omnes quidem sibi constent , in suo statu permaneant . at ut praesen●●ti statu gaudeant , reges regiae dignitatis splendore commoventur ; optimates senatoriae , haec enim illis pro virtutis suae praemio est : populus ephoriae . aristot . polit. l. . c. . n see cor. . . to . h. . c. . h. . c. . jac. c. , . jac. c. , . notes for div a -e a john . . cor. . . ephes . . . jam. . . b sa. . . . job . . ps . . & . pro. . . is . . . & . & . . & . . zech. . mic. . . joh. . eph . heb. . . & . & . pet. . c kin. . & . . & . , ezr. . . & . . ps . . . ezech. . . hag. . . zech. . & . mat. . , luke . . , . d isa . . . & . . ps . . cor. . , , . heb. . . pet. . rev. . . . e tim. . . heb. . . . f jer. . mic , . , luke . , matt. . , g lilburn tried and cast p. , . to , . ca●●es voice from the temple , which perswade● the subversion and abolishing of al former laws , especially for tithes and ministers support . * s●e the government of the cōmon-wealth of england , &c. artie . . . . , , ● , , , , , , , , . * the●● . . . * see exact collect. and a general collection of all ordinances , &c. * s●e culpepers and ●illy's m●rlins and almanacks , john cannes voice . lilb . tried and cast , with many petitions and pamphlets against the law and lawyers . the order of aug. . . that there should be a committee selected to consider of a new body of the law for the government of this common-wealth . * exod. . . * summumjus , est summa injuria , cic. de officiis p. . * lilbourn tried and cast p. , , , to and elsewhere . john cannes ● voice from the temple . john rogers mene tekel , perez . p. . lilly and culpeper in their prognostications an. , & . see the armies proposals . see the and proposition in cap. . * see the government of the common-wealth of england , &c. arti● . the writs and printed returns for new ●lections ; and enforced new test and engagement imposed on the three kingdoms and new members , se●luding m●●● , of them . see proposition . in ch . . nota. * o how are they now degenerated ! * and should they not be so now then ? * and should we now at last fail herein ? * how dare then any self created powers who are neither kings nor parliaments now arrogate to themselves , or exercise such a super-reg al arbitrary power and prerogative , against all our laws and the●● own instrument and oaths . nota. * and oh that we would follow it now again , both in and out of parliament ? nota. * see the whitehall ordinances for the six months contribution , excise , till . tunnage & poundage till . beyond all presidents in any age , and the very words and letter of the article of their government . nota. * yet those who have pulled down our kings as tyrants , now presume to do it : witness their new white-hall laws and ordinances , amounting to near . pages in folio in a few moneths space . * and do not those do so , who now ●ay monethly taxes , excises , customs and new imposts on us daily , out of parliament , and that for many moneths and years yet to come , against the letter of their own instrument and oath too ? * and are they not so now ? * . h. . c. . see cooks in●●it . p. , ● . proposition , proposition . * see canterburies doom , p. . exact coll. p. . * exact collect. p. , . * exact coll. p , , ● , . see chap. . proposit . , . . * do not the army officers now enforce them to all this without a parliament , to support their usurped new powers and possessions , and establish themselves in a most absolute soveraignty over our three kingdoms ? nota. * these expostulations reach to them at whitehall now , who presume to impose taxes , customs , excises and make binding laws and instruments for our whole kingdomes , nations , parliaments , which no king there ever did in like nature , nor their c●●●cels in any age . * see the true state of the case of the common-wealth of england , &c. p. , . * exact collect : p. . * a collection of all publike orders , ordinances , and declarations of parliament , p. , , , . * how have others of late ( which they stile parli●ments ) been convened ? * yet forcibly dissolved by the army , and some now in power , against their commissions , oaths , trusts , protestations covenant , and an act of parliament for their continuance ; who may do well to peruse this clause . see c. . proposition , . * a collection &c. p. . * a collection &c. p. , , . * and is not all this now proved a reall experimental truth , in some of these remonstrants , to their shame ? * and can most of these remonstrants in late or present power , now say this in truth or realty ? and must not they be utterly ashamed , confounded , before god and man , when they consider how they have dissembled , prevaricated with god and men herein , in each particular ? * and can the new modellers of our government over and over , who were parties to this declaration , & then members of the commons house , say so now ? or read this without blushing and self-abhorrence ? * is not a superintendent power in the army over , above & against the parliament or people , far more dangerous & likely to introduce such an arbitrary government in the nation , if lest in the general , officers or their councels power ? * did not the imposing a strange new engagement , and sundry arbitrary committes of indemnity , &c. int●r●upt it in the highest degree ; and the misnamed high courts of justice , falsifie this whole clause ? * exact collect. p. . . . . . . . . . * see the humble remonstrance against the illegall tax of ship-money briefly discussed , p. . &c. englands birth righ & their treatises . the declaration of sir thomas fairfax , and the army under his command , tendered to the parliament , june . . concerning the just and fundamental rights and liberties of the kingdome . * walsingham , stow , holinshed speed grasion , trussel , baker in r. . john stows survey of london p. . to mr. st. johns argument at law , at straffords attainller p. . * the statutes at large , stow , holinshed , speed , grafton , baker trussel , in & r. . & h. . m. st. johns speech concerning the ship-mony judges p. . to . and argument at law , at straffords attainder . * as some of late years have done . * m. st. johns argument at law , at straffords attainder p. , , . * hall , fabian holinshed , speed , grafto● , stow , martin , baker . * and have not others of late assumed to themselves more royal power than he ? resolved to be treason by . ● . . rot. parl. & cooks . institut p . * to wit by cade and his confederates for the alteration of the laws * see mr. st. johns argument against strafford , p. . halls chronicle and holinshed . * cooks . institutes p. , . * cooks . institutes c. . p. . to . * see speed , hollinshed , grafton , stow , antiquitates ecclesiae brit. p. . & . and godwin in his life . * mr. st. johns argument against strafford p. , . * cooks instit . c. . p. , . mr. st. johns argument at law against strafford , p , , . * see the journals of both houses , & act for his attainder . mr. pyms declaration upon the whole matter of the charge of high treason , against him , aprill . . mr. st. johns argument at law , at his attainder , and diurnal occurrences . * see the commons and lords journals , his printed impeachment , mr. pyms speech thereat , canterburies doom p. , , , , . see chap. . proposition . * do not others now do it , who impeached and condemnedhim , in an higher degree then he ? * is it not so in the new instrument article . , , , , , , , , , , , , , , , , , ▪ , , , , , , , . . of our new government , and those that compiled and prescribed it to the kingdoms . * are there not more such matters contained in the new instrument of government than in these ? * have not arbitrary committees in most places done the like , or worse , in many cases ? * have not others done the like in an higher degree ? * see the commons and lords journals , diurnal occurrences , p. , , , to . and mr. st johns speech at a conference of both houses of parliament concerning ship money & these judges . togegether with the speeches of mr hide , mr. waller , m. pe●rpoint , m denzill hollis at their impeachments , july . . aggravating their offences , in diurnal occurrences and speeches , p. to . * now others presume to do it without writ of consulting with the judges who condemned it in them . see c. proposition . * have not others been sole judges of it , and other pretended dangers since ? nota. * and are they not so now ? * and did not some at white-hall do so of late , and now too witnesse their volumes of new declarations , edicts , ordinances there made . * have not others taken up such principles in their practises , proceedings even against kings kingdomes , parliament , peers , as well as private persons ? nota. * note this , all the whole commons-house opinion then . * is not this an experimental truth now ? * and were they ever so base , cowardly , slavish as now ? * was ever their power , violence so unlimited , unbounded in all kinds as now , against kings , kingdoms , parliaments , peers , people ? * is it not most true of late and still ? note * see article , , , ● , , , , , , , , , , , , , , , , , , , & p. , . of the government of the common-wealth of england , &c. * doth not the declaration of march and the instrument of the new government do it , in the highest degree ▪ * and others as well as he , of far inferiour place & estate . * but have not our times bred men much bolder than he , since this speech was made , and he executed ? * since , he hath many followers . * p. . * have none done so since them ▪ see chap. . proposition . . * have not other pioneers and judasses done the like ▪ * this is grown a meer paradon of late years , in judges , souldiers & others . * what are they now of late times of publike changes ? * see h. . c. . . magna charta c. . . . h. . c. , , , , . e. . c. , , . e. . c. , , , , , , , . e. . c. , . e. . c. , . e. . c. . e . c. . e. . c. . e . c. . . rastal justices . * was it ever so frequent a sin as now in all sorts of late judges , officers , subjects ▪ * do none deserve as severe now ? * see cookes . institutes p. , , and page . holinshed , page , . speeds history page . stow , walsingham , daniel in e. . * see cooks . instit . p. . * have none of this name , or of this function since done as bad or worse in an higher degree ? * let custodes legum & libertatum angliae and those now called judges , remember it ▪ * let the reporter and others now consider it * eliz. c. ▪ jac. c. . jac. c. . * this is nothing incomparison to the late taxes , ship mony , excises imposed on the subjects , without a parliament , amounting to above times as much as the kings ship mony , and more frequent , uncessant , and endlesse then it . * are we now beholding to it for any thing against the onely new law of the longest sword ? which takes , imposeth what when , and how much it pleaseth , without accompt , or dispute , from all sorts and degrees of persons ; and that by those who were commissioned , trusted , engaged by oaths , protestations , vows , league and covenant to preserve our laws and properties . * is there any between the late & present powers and them , further or longer than they please ▪ * are they not so now ? * it is not so now , when others who condemned and beheaded him for a tyrant , say , pretenda●d act it over and over . nota. * worth consideration of those of the long robe . * and how mamy are guilty of this treason see hos . , . cap. . , . cap. . . cap. . . zech. . v. . hab. . , , . mic. . , . amos . , , . lam. . . ezech. . . . isay . . c. . . jer. . . . cap. . , . cap. . . to . cap. . to . cap. . . proverb . . ezech. . . cap. . , isa . verse . daniel . verse . * are they so now ? and who have dissolved the ligaments that formerly united and held them together ? * have we not many counterfeit laws and acts of parliament of law ? and yet some counterfeit judges that execute and give them in charge as true ones ? * see exact . collection , p. . , . . * surely there are sundry falshoods in it , as well as some truths . * if we believe themselves in their own cases * some mens act ons since , declare they had some other ground and ayms than this . * those who severe and disjoynt one house from the other ; and by force & armed power seclude , exclude and disjoyn the members of the same house , one from another , so many times one after another , & justifie it too , are the greatest disjoyners of the house and parliament , and very unlikely to make any firm or reall settlement of this nation . * see my speech in parliament , p. . to . a see gratian , caus . . qu. . . summa angelica , rosella , & hostiensis . tit. restituito . * see speeds hist . p. . &c. mr. vicars history of the gunpowder-treason , the arraignment of traytors . * judg. . . * see the laws of king edward the confessor , confirmed by william the conquerour , lex . , , . the great charters of king john , and henry . c. , . e. . c. , . e. . de tallagio . c. , e. . stat. . c. . stat. . c. . e. . stat. . c. . e. . stat. . c. . e. . rot. parl. n. . e . rot. parl. n. , e. . stat. . c. . e. . rot. parl. n. . ● . . c. . e. . rot. parl n. . h. . rot. parl. n. . r. . c. . the petition of right , caroli , the acts against ship-money , knighthood , tonnage , and poundage , . & . caroli . * see magna charta , c. . & cooks institutes on it . e. . c. e. . c. , e. . c. e. . c. ▪ e. . c. e. . c. r. . c. h. . c. h. . c. h. . c. the petition of right , caroli , and other acts in ch . . h . rot. parl. n. . & . * e. . c. ● r. ● . c. * see the laws of edward the confessor , and william , the conqueror , lex . . , , . ras●●als abridgement . tit. armour . e. . c. . rot. parl. n. ▪ the statures for impressing souldiers , & ● caroli . 〈◊〉 e. . stat. . c . h. . c. . exact collection , p. , . a see magna char. c. . e. . c. . e. . c. , e. . rot. parl. n. . ● e. . n , , . ● e. . c. rot. parl. n. . e. . c. . e. . c. ● . . e. . c. . . r. . parl. . c. . r. . c. . h . rot. parl. n. . . h. . c. . the petition of right , car. and the statutes against ship-money , knighthood , tonnage and poundage , , & caroli . b see sam. . , to the end . c. . , . c. . . sam. . , , . c. . . king. . . to . c. . ● . c. . , . . king. . . to . c. . . c. . . c king johns magna cha●ta , matth. paris , p. . r. . c. . cook● . instit c. . my plea for the lords , my ardua regui , the levellers levelled ▪ and epistle before my speech in parliament . e. . c. . e. . c. . e. . n. . r. . n. . r. . n. , . d see h. . c. . . e. . c. . ● h. . n. , . . h. . c . * see rastals abridgement of statutes , title , provision● premunire , & rome . e leges edwardi regis , c. , lambards arch. f. , . cooks . report , calvins case , f. , . leges willielm● regis lex . , . seldens notae ad eadmerum , p. . h. . c. . , , h. . c. . h. . c. . h. . c. . h. . c. . eliz. c. . . . eliz. . c. . jac. c. , . . jac. c. , , , . jac. c. . the protestation , league and covenant , and the ancient oathes of fealty , homage , mayers , sheriffs , free-men . * daniels history p. . . . . n. . r. . h . r. . . . n. . . h. . r. . . r. . n. ● . . h. . n. . h . n. . . . h. . n. . . h. . n. . . g. n. ● . e. , n. . a see my declaration and protestation against the illegal , detestable , oft-condemned new tax , and extortion of excise , . exact collection , p. . mr. st. johns speech concerning ship-money . p. , . * exact collection , p. . nota. nota. * and is not this its present sad slavish condition ? * do they not so on beer , salt , and other manufactures , for which they ▪ now pay excise ? * witness mr. ●ony amongst others . nota. see the arguments concerning them in mr. hambdins and others cases . . * see cook ; . justi . c. . brooks parliament . . . and my plea for the lords . * see cooks . justit . c. . and rastal . taxes . nota. nota. nota. * though he came in by the sword , as a kind of conquerour . nota. nota. * and are not all the commons merchants , freemen of england bound to use the same course , and make the s●me declaration now ? nota. * and can our p●esent grandees take it in ill part if we refuse to pay them now , being demand●d without warrant of a law , and the receivers of them in a premunire by express act of parliamen of caroli , made since this remonstrance . a alderman chambers , mr. rolls , and others . nota. * exact collection p. . to . * see historiae anglicanae londini . . col. , . halls chronicle f. , . john trussel in . . r. . p . grafton p. . nota. * see mr. st. johns argument at his attainder . p. . to . * see judge crooks , & judg huttons printed arguments , & my humble remonstrance against the illegal tax of shipmony . * printed at the end of judge huttoes a●gument , & amongst the sta●utes of caroli . * chap . p. diurnal occurences & speeches , p. . to . objection . answer . * see p. to before the proposition , and statutes , arguments thereunto : specially e. . c. . . . e. . c. , , . e. . c. , and stat. . c. . caroli the petition of right . * see their impeachments & printed trials , & mr. st. johns argument at law against strafford , p. , . * cook inst . p. . r. . c. . h. . rot , parl. n. . h. . c. . r. . c. , , . h. . c . rot . parl. n . . . * see sir edw. cooks preface to his . institutes . * jer. . . c. . , , . ps . . ezech. . . to . c. . , , , , . c. . . to . c. . . mich. . . to . c. . , , . c. . . isa . . * see true , &c. p. , . objection . answer . * math. paris hist . angliae london . . p. . , . * see m● . sr. johns speech against the ship-money judges , p. , ▪ , . exact . collect . p. . * see heylyns microcosme . p. , , , , . . . . . . . * exact coll. p. . . , , . . . . to . * see the act of resumption , ● . . . . a see cooks inst●t . c. . p. . regal taxes , & here ch . . sect . , , . * see e. . c. . & stat . . c. . . r. . stat . . c. , , & all acts for 〈◊〉 . * see henry de knyghton , de eventibus angliae , l. . col . . to . r. . rot . parl. n. , , . * q● . curtius , hist . l. . p. . * qu. curtius , hist . l. . * printed at nu●●mbergh , . * see revelationum l. . c. , . l. . c. . l. . c. . & rev●lationes extravagantes . c. , . * revelationum l. . c. . * math : paris hist . angl. p. . * de remedio amo●s , l. . * see mat. pa●●s p. . . grafton , p. . . daniel , p. , , , . r. . rot. parl. to . h. . n. . h. . n. , . h. . n. . h. . c. . h. . rot parl. n. . h. . c. . . h. . n. . e. . n. . . e. . n. .